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[00:00:05]

NOT ONE MORE, ACTUALLY I THINK WE ARE 1, 2, 3, 4.

WE HAVE NINE.

SO WE'VE GOT ENOUGH TO VOTE.

THAT'S GOOD.

UM, I'M GOING

[CALL TO ORDER]

TO GO AHEAD AND CALL THE ROLE OR MEMBERS.

WHEN YOU HEAR YOUR NAME, PLEASE STAY HERE.

TOMMY.

IT'S BROOKE BAILEY.

HERE I, YOUR CHAIR, JESSICA COHEN.

I AM HERE ICE CHAIR, MELISSA HAWTHORNE HERE.

BARBARA MACARTHUR, DARRYL PUT AUGUSTINA RODRIGUEZ.

OH, IT'S DARYL HERE, HERE, RICHARD SMITH HERE AND MARCELLE GARZA.

OKAY.

I'M ALSO HERE AND RYAN MILL.

I'LL GET MY PAPERWORK UPDATED TO WHEN WE SAY OKAY, COUPLE OF QUICK HOUSEKEEPING NOTES.

UM, PLEASE TURN OFF YOUR CELL PHONES OR PUT THEM ON VIBRATE, UH, AFTER YOUR CASE IS OVER.

UH, PLEASE TAKE ANY DISCUSSION OUT TO THE LOBBY.

IF YOU HAVE A QUESTION ABOUT CHORE, UH, DISPOSITION, OR IF YOU NEED TO SPEAK WITH ELAINE, PLEASE CONTACT HER TOMORROW OR EMAIL.

UM, WHEN YOU ARE ADDRESSING THE BOARD, PLEASE SPEAK DIRECTLY TO THE BOARD, NOT TO ANY OPPOSITION OR IN FAVOR FOLKS.

AND I DON'T THINK WE'RE GOING TO NEED IT TONIGHT, BUT THE BOARD DOES USUALLY TAKE A BREAK, UH, ABOUT EIGHT O'CLOCK THAT I THINK WE'LL BE OKAY.

AND LAST BUT NOT LEAST THE PARKING GARAGE, UH, VALIDATION IS OVER HERE WHERE YOU WALKED IN AND MAKE SURE YOU DO STAMP YOUR TICKET AND WRITE YOUR NUMBER INTO THE LITTLE BOOK NEXT TO IT.

MOVING ON EVERYONE WHO IS GOING TO BE GIVING TESTIMONY TONIGHT.

IF YOU'RE GOING TO BE GIVING TESTIMONY ON ONE OF THE CASES, PLEASE STAND.

I'M GOING TO GIVE YOU 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? OKAY.

THANK YOU VERY MUCH.

GOOD.

OKAY.

WE'RE GOING TO START WITH ITEM ONE.

UH, SOME OF YOU HAVE BEEN HERE BEFORE MIGHT HAVE NOTICED THERE HAS BEEN A CHANGE TO THE AGENDA WE'RE UNDER IN NEW FORMAT.

PLEASE FORGIVE ME IF I MAKE A MISTAKE WHILE I'M TRYING TO WORK THROUGH IT, BUT ITEM

[APPROVAL OF MINUTES]

ONE IS GOING TO BE THE APPROVAL OF THE MINUTES.

ANY COMMENT OR DISCUSSION FROM THE BOARD? I HAVE A MOTION, MELISSA.

WE CAN'T HEAR YOU.

OR JULY 11TH OF JULY 13TH.

IS THAT A MOTION TO APPROVE? UM, WELL, I'M GONNA STAIN ON JULY 13TH, SO I'M PROBABLY NOT BEST FOR ME TO MAKE THE MOTION.

I'LL MOVE TO APPROVE THE MINUTES FROM JULY 11TH AND JULY 13TH, 9 22.

AND DO I HAVE A SECOND? I'LL SECOND IT, JUST GET IT.

IT'S OKAY.

LET'S GO AHEAD AND CALL THE VOTE.

THIS IS TO APPROVE THE JULY 11TH AND JULY 13 MINUTES WITH VICE-CHAIR HUFF HORN ABSTAINING FROM JULY 13TH.

THANK YOU, TOMMY.

SO HE'S ON HERE? UH, BROOKE BAILEY? YES.

JESSICA COHEN.

YES.

MELISSA HAWTHORNE.

YES.

BURN JULY 11TH.

ABSTAINING FROM JULY, JULY 13TH.

SORRY, BARBARA MACARTHUR.

UH, YES.

FOR JULY 11TH.

ABSTAINING FOR JULY 13TH, BRIAN? NO.

UH, YES.

FOR BOTH THE JUROR MINUTES.

DARRYL PRUITT? YES.

AUGUSTINA RODRIGUEZ.

YES.

RICHARD SMITH.

YES.

FOR A JULY 13TH AND ABSTAINING ON JOB.

JULY 11TH.

UM, MARCEL KARSA.

YES.

THE MINUTES ARE APPROVED.

ITEM

[2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda]

TWO.

UH, THIS'LL BE DISCUSSION OF STAFF AND APPLICANT REQUEST FOR POSTPONEMENT AND WITHDRAWAL.

A PUBLIC HEARING CASES POSTED ON THE AGENDA.

ELAINE, WE HAVE ONE POSTPONEMENT, CORRECT?

[00:05:06]

THAT'S CORRECT.

AND THIS IS GOING TO BE A POSTPONEMENT REQUEST FOR 16 OR NINE MATTHEW'S LANE.

DID THEY GIVE A DATE? IT IS ITEM EIGHT, C 15 DASH 2022 DASH 0 0 6 0 16 0 9 MATTHEWS LANE.

THE APPLICANT IS REQUESTING A POSTPONEMENT.

SO THE SEPTEMBER 12TH MEETING SEPTEMBER 12TH.

IS THERE ANYONE HERE? DO YOU SPEAK FOR AGAINST THE POSTPONEMENT? OKAY.

WE'LL CLOSE THE PUBLIC HEARING.

UH, NO WITHDRAWALS, RIGHT? SO THIS VISIT, I'M SORRY, NO WITHDRAWALS OR ANYTHING? JUST THIS ONE POSTED JUST ABOUT JUST THIS ONE, POSTPONEMENT.

UH, I'LL GO AHEAD AND MAKE THE MOTION TO MADAM CHAIR THERE.

UM, THREE APPLICANT OR CUSTOMERS, SORRY ON THE PHONE.

I DON'T KNOW IF THEY'RE GOING TO SPEAK TO THE OPPOSITION OR NOT, BUT THEY ARE AN OPPOSITION OF THE, OF THIS CASE.

UH, SORRY.

CTM, CAN THEY TALK RIGHT NOW OR LIKE YES FOR ITEM EIGHT, CORRECT? UH, IS THERE ANYONE ON THE PHONE WHO WANTS TO SPEAK FOR OR AGAINST THE POSTPONEMENT? THERE IS KAREN FEMININE, THIS, UM, RUTH LAUER AND EUGENE SUTTON.

MS. FERNANDEZ, MS. LAUER, MR. SUTTON, DO ANY OF Y'ALL WANT, DO YOU WANT ANY OF Y'ALL WANT TO SPLIT FLOOR AGAINST THE POSTPONEMENT? ONLY NOT THE MERITS OF THE CASE.

JUST THE POSTPONEMENT.

THIS IS MR. SUTTON.

I DON'T, I ASSUME YOU CAN HEAR ME.

YES, SIR.

WE CAN, UH, WE HAVE, UH, INFORMATION THAT WE COULD PRESENT TONIGHT, BUT ONE OF THE MAIN, UH, APPLICANTS ARE THE PARTIES IN OPPOSITION AS MR. KEVIN CRANE.

AND HE LIVES NEXT TO THIS PROPERTY.

HE'S AT 1607 MATTHEWS LANE.

AND THE PROPERTY IN QUESTION IS 1609.

I BELIEVE THAT HE WOULD APPRECIATE IT THE POSTPONE MUCH SINCE HE WAS CALLED OUT OF TOWN.

AND WE WOULD CONCUR TO HAVE A POSTPONEMENT TILL SEPTEMBER.

OKAY.

THANK YOU.

AND I'M SPEAKING TO THE MATTHEWS LANE NEIGHBORHOOD ASSOCIATION IS A FORMER PRESIDENT AND SPEAKING TO MS. FERNANDEZ.

THANK YOU, SIR.

OKAY.

ANYONE ELSE? ALL RIGHT, SO THEN NOW WE'LL CLOSE THE PUBLIC HEARING AND LET'S GO AHEAD AND I'LL MAKE A MOTION TO POSTPONE C 15 20 22 0 0 6, ZEROS, 16 OR NINE MATTHEWS LEAN TO THE SEPTEMBER 12TH MEETING.

I'LL SECOND OH, GEEZ.

NO.

SO BROOKE BAILEY JESSICA COHEN.

BETSY? YES.

MELISSA HAWTHORNE.

YES.

BARBARA MACARTHUR.

YES.

RYAN.

NO.

YES.

DARREL PRUITT.

YES.

AUGUSTINA RODRIGUEZ.

YES.

RICHARD SMITH.

YES.

AND MARCEL GARZA? YES.

OKAY.

THAT ITEM IS POSTPONED ITEM EIGHT TO THE SEPTEMBER 12TH MEETING 2022.

HAVE WE HEARD FROM THOMAS YET? NOT YET.

DID YOU GET AHOLD OF HIM, ELAINE? NO, I HAVE NOT.

SHOULD WE GO AHEAD AND JUST DO THE QUICK ITEM 10, THE LATE BACKUP LETTER? UM, YOU KNOW WHAT FUCK, GIVE HIM A MINUTE OR TWO.

UM, I'M OKAY WITH IT.

ANY OBJECTIONS? OKAY.

THEN WE'LL TAKE ITEM 10

[10. Discussion and possible action regarding an update on the resolution sent to council for the BOA Applicant Assistance Program (BAAP)]

OFF THE AGENDA.

NEXT ITEM 10, UH, IS A DISCUSSING LITTLE OUT DISCUSSION AND POSSIBLE ACTION REGARDING AN UPDATE ON THE RESOLUTION SENT TO COUNSEL FOR THE BLA APPLICANT ASSISTANCE PROGRAM.

I RECEIVED AN UPDATE THIS MORNING.

UH THAT'S ON THE 27TH OF JULY AND CITY COUNCIL WAS TIME TO AN UPDATE TO ON THE PROGRAM.

AND I HAD ELAINE EMAIL THAT OUT TO ALL OF Y'ALL, UM, AND IT'S ATTACHED INTO THE BACKUP AS WELL.

AND ESSENTIALLY WHAT IT SAYS IS THAT THE APPLICANT

[00:10:01]

ASSISTANCE PROGRAM HAS BEEN APPROVED.

FUNDING HUSBAND FOUND A IT'S BEEN SUBMITTED IN ENOUGH TIME FOR CITY COUNCIL TO CHOOSE TO ADOPT IT AND PUTTING IT INTO THE BUDGET, WHICH IS HAPPENING RIGHT NOW.

SO THAT'S REALLY, REALLY GOOD.

AND THAT THEY ALSO FOUND, UH, PRO BONO LEGAL SERVICES, UH, THROUGH THE, UH, FINANCIAL SERVICES DEPARTMENT TO ALSO HELP, UH, APPLICANTS WHO MAY NEED ASSISTANCE WITH FILING THEIR VARIANTS.

ARE THERE SPECIAL EXCEPTIONS? SO IT'S ACTUALLY VERY, VERY PROMISING AND I'M PRETTY SURE COUNSEL WILL TAKE THIS BACK UP AND WORK IT INTO THE BUDGET AND THEN WE'LL BE ON THE ROAD.

READY TO GO ON OCTOBER 1ST, OCTOBER 1ST 14.

SORRY.

OKAY.

SO HIS OCTOBER 1ST.

EXCELLENT, EXCELLENT WORK.

THIS IS BIG.

THIS, THIS IS, I THINK THIS IS A GOOD THING.

IS THIS GOING TO BE AN EXPENSIVE AND SCARY PROCESS AND ANYTHING WE CAN DO TO HELP? SO I'M REALLY JAZZED ABOUT THIS AND THANKS TO EVERYONE WHO WORKED ON THIS, THIS IS A BIG STEP, I THINK, IN THE RIGHT DIRECTION.

LOOKING ANY QUESTIONS ABOUT THE APPLICANT'S ASSISTANCE PROGRAM UPDATE OR FOR THOSE OF YOU WHO ARE NEW, DO HAVE, Y'ALL GOTTEN FAMILIAR WITH THE INTENT AND DESIGN BEHIND IT.

OKAY.

ALL RIGHT, THEN MOVING ON.

LET'S SEE.

IS THERE ANYTHING ELSE WE CAN TOUCH ON? UM,

[11. Discussion and possible action by the Board based on the Working Group update on proposed changes to BOA Appeals. (Working group: Barbara Mcarthur, Darryl Pruett and Kelly Blume)]

HOW ABOUT ITEM 11? WE CAN TAKE THAT OUT OF ORDER.

UH, IF THERE'S ANY DISCUSSION FOR IT, UH, BOARD MEMBER PUT, UH, IS THERE ANY UPDATE FROM THE WORKING GROUP ON THE PROPOSED CHANGES TO THE BOA APPEALS? NO, NO UPDATE.

ONE OF THE, ONE OF THE MAIN CONCERNS, UH, AT LEAST THE, THE REASON WHY I WANTED TO WORK ON THIS IS BECAUSE THERE HAD BEEN SOME ISSUE IN THE PAST WHERE PEOPLE HAD FILED APPEALS THAT THE BOARD JUST WAS NEVER NOTIFIED OF.

UH, AND YOU KNOW, THAT THAT'S KINDA THE, THE FOCUS AT LEAST OF WHAT I WANTED TO TRY TO WORK ON.

AND I'M NOT SURE IF THAT IS JUST A BYLAWS ISSUE OR IF THAT'S SOMETHING THAT, THAT THE COUNCIL MAY NEED TO TAKE UP IN TERMS OF, UM, YOU KNOW, WHAT STAFF IS REQUIRED TO DO WHEN THEY RECEIVE SOMETHING LIKE THAT.

SO I JUST, I JUST, WHATEVER I DID KNOW, THAT'S KIND OF THE FOCUS OF WHAT WE'RE, WE'RE, WE'RE GOING TO BE LOOKING AT, UH, ALONG WITH, UH, YOU KNOW, IF THERE'S OTHER THINGS THAT THE WORKING GROUP HAS IDENTIFIED THAT WE'LL CERTAINLY BE LOOKING AT THOSE AS WELL NOW FOR THE SIGN THAT SIGNED CASE, THAT'S A SIMPLE MAJORITY, BUT IS IT A SIMPLE MAJORITY OF NINE OR SIMPLE MAJORITY OF FULL BOARD? IT'S GOING TO BE JUST A SIMPLE MAJORITY OF THE FULL BOARD RYAN.

SO IT WOULD BE STILL HAS TO BE SIX, SIX.

WE CAN HEAR IT, BUT IT'S UP TO THEM.

IF THEY WANT TO HEAR IT, 5, 6, 7, 8, WE'VE GOT NINE, NINE.

OH, IT'S UP TO THE APPLICANT.

WELL, THAT'S UNDER, UNDER SUPER MAJORITY RULES.

SO I AM CURIOUS WHETHER LEGAL WOULD AGREE THAT THAT SIX OR WHETHER IT'S FIVE ERIC LOPEZ, ASSISTANT CITY ATTORNEY AT SIX, SIX.

OKAY.

IS CHECK-IN.

SO IT'S UP TO THE APPLICANT IF THEY WANT TO, THE OTHER CASES ARE GOING TO BE HARDER.

AND WE'LL HAVE TO EXPLAIN THAT WHEN THAT, WHEN WE HEAR THEM TO THE OTHER APPLICANTS, BUT WE CAN ASK THE APPLICANT IF THEY'RE OKAY FOR US HEARING IT, THEY HAVE TO GET SIX YES.

VOTES OUT OF NINE.

IT TO PASS, OR, OR WHATEVER EMOTION IS MADE IS AS, IS A MAJORITY OF SIX, NOT RIGHT.

NOT THE FULL SUPER MAJORITY WHERE NEED NINE TO THE BOARD.

RIGHT.

BUT IT'S ALSO NOT JUST A SIMPLE MAJORITY OF NINE OR YEAH, WE HAVE NINE HERE.

IT'S NOT A SIMPLE MAJORITY OF NINE.

IT IS GOING TO BE SIX.

OKAY.

UM,

[3. C16-2022-0004 Apple Tree Holdings LLC, Tony Nguyen 4507 N IH 35 SVRD NB]

WOULD THE APPLICANT FOR ITEM 3 16, 20 22 0 0 4, APPLE TREE HOLDINGS, LLC.

TONY, WHEN FOUR OR 5, 0 7 NORTH I E 35 SERVICE ROAD, UH, COME FORWARD OR ARE YOU MR. NOLAN, ALEX, COME UP AND STATE YOUR NAME FOR THE RECORD FOR ME.

CAN YOU HEAR ME OKAY THERE?

[00:15:01]

UH, YES, MY NAME'S ALOXI BARRA.

I'M THE DIRECTOR FOR APPLETREE HOLDINGS AND THIS IS, UM, MY PERSONAL PROJECT.

OKAY.

OKAY.

SO DID YOU, DID YOU CATCH A LOT OF THAT? UM, UH, ARE YOU OKAY WITH US HEARING IT BECAUSE IT'S GOING TO REQUIRE A VOTE OF SIX ARE NINE OF US HERE.

IT PUTS US AT A LITTLE BIT OF A DISADVANTAGE.

RIGHT.

BUT I'D LIKE TO, YOU KNOW, WE'VE, UH, HAD A COUPLE OF POSTPONEMENTS.

I'M NOT ON THE FIVE MINUTES AND LIKE MONTH.

YEAH.

I, UH, I HAVE NO OBJECTION TO THAT.

I LIKE TO BE HEARD.

UM, I KNOW WE'VE HAD A COUPLE OF AUSTIN ENERGY POSTPONEMENTS AND IT'D BE NICE JUST TO, UH, YOU KNOW, KIND OF GET EVERYTHING MOVING I THINK, AND BE HEARD AND JUST GET SOME FEEDBACK AND EVERYTHING AND DO IT TODAY.

WORKS FOR ME.

THEN WE'RE GOING TO GO AHEAD AND HEAR THIS CASE AGAIN.

THAT IS ITEM 3, 6 16 20 22 0 0 0 4.

UM, YOUR PRESENTATION IS ON THE SCREEN.

SO WHEN YOU'RE READY, WHEN YOU'RE READY TO GO AHEAD AND START, AND YOU WILL HAVE FIVE MINUTES TO, I CONTROL THE SLIDES HERE.

I JUST TELL HIM NEXT SLIDE AND HE'LL HELP MOVE IT FORWARD FOR YOU.

OKAY.

OKAY.

SO, UM, AGAIN, MY NAME IS ALEX , I'M THE DIRECTOR FOR APPLETREE HOLDINGS.

UH, THE REASON THAT WE'RE HERE FOR, UH, TODAY, UM, NEXT SLIDE, UM, IS THAT WE ARE LOOKING AT A MODIFICATION OF A SIGN THAT'S CURRENTLY ON THE PROPERTY.

UM, WE'RE IN A PRETTY UNIQUE SITUATION AND THAT'S WHAT I WANTED TO HIGHLIGHT IN THE PRESENTATION.

UH, NEXT SLIDE.

UM, AND WE'RE LOOKING FOR A MODIFICATION OF TWO PARTS OF THE LAND DEVELOPMENT CODE, A VARIANCE OF, OF THESE TWO PARTS.

ONE IS B2B ONE A AND B THREE A AND THAT'S, UH, 25 10, A 1 23 OF THE LAND DEVELOPMENT CODE.

AND THESE TWO THINGS, UH, REGULATE THE, UH, AREA AND THE HEIGHT OF THE, OF THE SIGNS ALONG THE EXPRESSWAY.

UH, NEXT SLIDE.

UM, SO THERE ARE A COUPLE OF THINGS, UH, AND THIS IS REALLY WHAT, UM, WE WANTED TO HIGHLIGHT IN THIS PRESENTATION, UM, IS THAT WE'RE IN A PRETTY UNIQUE SITUATION AND THAT THERE ARE SEVERAL TREES, UH, NOT JUST ON OUR PROPERTY, BUT THERE ARE SEVERAL TREES THAT ARE, UM, ON ADJACENT PROPERTIES THAT CAUSE VISIBILITY ISSUES.

UM, THERE'S ANOTHER ISSUE IN THAT, UH, THE SPLIT IS, UM, PRETTY MUCH WHERE WE ARE, RIGHT WHERE THE SPLIT BEGINS AND THAT CAUSES SOME VISIBILITY ISSUES IN THAT, UM, THE PROXIMITY TO AIRPORT AND, UM, THE PROXIMITY TO, UH, THAT EXACT SPLIT CAUSES SOME ISSUES WITH EXITING.

UM, AND YOU WOULD SEE IT IF YOU'RE TRAVELING EITHER ALONG THE SERVICE ROAD OR IF YOU'RE JUST APPROACHING ON 9 35, AND WE HAVE A COUPLE OF DIFFERENT PHOTOS, UM, JUST FOR VANTAGE, UH, NEXT LEG.

UM, SO HERE'S JUST A COUPLE OF, UM, UH, PHOTOS, UH, NEXT SLIDE, NEXT SLIDE.

AND THIS IS APPROACHING THE PROPERTY GOING NORTH TOWARDS ROUND ROCK, AND YOU'LL SEE OUR PROPERTY IS PRETTY WELL HIDDEN, BUT YOU CAN SEE, UM, REAGAN, WHICH HAS THE, WHICH OWNS THAT BILLBOARD, THE BIG BILLBOARD AND, UM, IN AND OUT, WHICH IS ACROSS THE STREET.

UM, THERE'S A LEFT-HAND SIDE, UH, NEXT SLIDE.

AND SO THESE ARE THE ARROWS THAT I'VE PUT THERE ARE JUST HIGHLIGHTING, UM, THE NEIGHBORING PROPERTIES TREES.

UM, THEY HA THEY CAUSE SOME VISIBILITY ISSUES AND THIS IS TAKEN IN THE WINTER.

SO, UM, YOU WON'T REALLY SEE AS PRONOUNCED AS IT IS RIGHT NOW.

RIGHT NOW.

IT'S A LOT MORE, UH, DENSE THAN THAT IS, UH, NEXT SLIDE AND SAME THING HERE.

NEXT SLIDE.

UM, AND SO THIS IS THE SIGN, UM, AS IT SITS RIGHT NOW, UH, THAT SIGN THAT, UM, IS COVERED BY THAT ARROW ACTUALLY BELONGS TO THE CITY THAT'S OUTSIDE OF OUR SURVEY.

SO THAT BELONGS TO THE CITY.

AND, UM, THERE'S REALLY NOT A LOT THAT WE CAN DO WITH THAT.

UH, NEXT SLIDE AND SAME THING.

THIS IS APPROACHING, UH, FROM AIRPORT.

UH, THAT'S A PRETTY QUICK TURN THERE.

UM, AND REALLY, UH, AS YOUR APPROACH, THIS IS PRETTY MUCH THE VIEW THAT YOU GET AND YOU CAN'T SEE, I MEAN, YOU WOULD NEVER KNOW THAT THERE'S A BUSINESS THERE.

UM, AND THAT'S ONE OF THE ISSUES THAT WE WANTED TO ADDRESS, UH, NEXT SLIDE, UH, SAME THING HERE.

THIS IS JUST FROM THE LIGHT NEXT SLIDE.

UM, SO, UH, ONE OF THE OTHER THINGS THAT, UH, WE WANTED TO TALK ABOUT WAS THE, UM, REALLY JUST THE DEVELOPMENT OF THE PROPERTY.

THE PROPERTY HAS ACTUALLY BEEN SITTING.

UM, I'VE BEEN IN AUSTIN FOR A LONG TIME.

IT'S BEEN SITTING DORMANT, UM, AND UNDEVELOPED FOR SOME TIME, UM, AT LEAST OVER 10 YEARS, TO MY KNOWLEDGE.

UM, SO WHAT WE WANT TO DO IS WE WANT TO, AND WE'VE ALREADY SEEN SOME IMPROVEMENTS WITH, UH, THE, UH, SOME OF THE IMPROVEMENTS THAT WE'VE MADE TO THE PROPERTY.

WE HAD SOME ISSUES, UM, EARLY ON WHEN WE FIRST WERE STARTING TO MOVE IN, UH, WE PROBABLY ON THE WEEKENDS AND YOU CAN SEE THAT ON, ON SOME OF THE, UH, PUBLIC DATA THAT I PULLED.

UM, WE WOULD HAVE SOME BREAK-INS, YOU KNOW, THE WEEKENDS, UM, JUST ISSUES.

[00:20:01]

UH, WE HAVE A PRETTY GOOD SECURITY SYSTEM NOW, UH, WE'VE SEEN A REDUCTION IN THAT AND WE ALSO PUT A FENCE ALONG THE PROPERTY, SO THAT'S HELPED IMPROVE THINGS QUITE A BIT, BUT THAT SIGN IS VERY OLD.

AND WE JUST WANT TO GO AHEAD AND, UM, AND FIX THAT AND JUST SHOW THAT, UH, WE'RE DEVELOPING, UH, THE COMMERCIAL PROPERTY.

UH, THE OTHER THING IS THAT, UM, AND THIS IS SOMETHING THAT IS, IS NEW, THAT WE WANTED TO, TO ADDRESS IS THAT WE WANT TO MAKE SURE THAT BECAUSE IT IS A NEIGHBORHOOD THAT IS VERY NATURE CENTRIC, WE WANT TO ADDRESS THAT AND MAKE SURE THAT WE ALSO ADDRESS, UH, ADDRESS SOME OF THE CONCERNS OF THE NEIGHBORS IN THAT WE WANT TO INSTALL THESE PHOTO CELLS INTO, UH, THE SIGN, WHICH WILL MAKE SURE THAT THERE AREN'T ANY ISSUES AT NIGHT, AND WE DON'T WANT TO INTERRUPT ANYBODY'S SLEEP.

WE WANT TO PRESERVE THE, UH, THE NIGHT SKY AS MUCH AS POSSIBLE.

SO THAT'S ONE THING THAT WE CAN ACHIEVE WITH THE LED SIGN THAT WE CANNOT WITH A TRADITIONAL CABINET SIGN, WHICH IS LIKE THE ONE THE IN AND OUT ACROSS THE STREET THAT STAYS ON PRETTY BRIGHT ALL NIGHT.

UH, NEXT LIGHT.

UH, WE, WHEN WE STARTED, WE CANVAS THE NEIGHBORHOOD, WE GOT A LETTER IN SUPPORT FROM, UM, OUR COMMERCIAL NEIGHBOR, WHICH IS A SCHOOL, UH, COPERNICUS STEM ACADEMY.

AND RECENTLY IT WAS ON LAST MONTH, UM, SET OF, UH, DOCUMENTS, BUT OUR, UH, MOST ADJACENT NEIGHBOR, THEY WENT AHEAD AND, UH, AND SENT A LETTER OF SUPPORT.

UM, BUT BASICALLY JUST TO, JUST TO CLOSE, UM, ALL THAT, EVERYTHING THAT I INCLUDED WAS, UM, IN THE, IN THE EVIDENCE PACKET, BUT I JUST WANTED TO GO AHEAD AND JUST HIGHLIGHT, UM, WHAT WE'RE TRYING TO DO AND WHY WE'RE TRYING TO DO IT.

OKAY.

THANK YOU VERY MUCH.

IS THERE ANY OPPOSITION? OKAY, SIR, IF I COULD GET YOU TO JUST GO BACK AND HAVE A SEAT AND IF Y'ALL COULD COME UP AND STATE YOUR NAME FOR THE RECORD.

YEAH.

IF YOU COULD JUST HAVE A SEAT FOR ME, JUST STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES TO RESPOND.

OKAY.

MY NAME IS KAREN BRINKMANN AND I AM REPRESENTING THE DELLWOOD TO NEIGHBORHOOD ASSOCIATION, OR AT LEAST ONE OF THE FOLKS, UM, WAS ONE OF THEIR FORMER OFFICERS.

UM, AND WE ARE ACTUALLY PLEASED WITH THE CHANGES THAT, THAT THE NEW OWNERS HAVE MADE TO THE PROPERTY AND ACTUALLY SEE THE BUSINESS AS A POSITIVE, UM, ADDITION TO OUR NEIGHBORHOOD.

HOWEVER, OUR BIGGEST OBJECTION IS THAT THE REQUEST TO REPLACE THE CURRENT SIGN WITH THIS MASSIVE SIGN THAT THEY'RE HAVING, THAT'S 200 SQUARE FEET AND WITH, AND IN THE 50 FOOT HEIGHT OF THE SIGN, UM, AND THE PROPOSAL AREAS WOULD CREATE A SIGN THAT TOWERS OVER THE AREA AND THE HOUSES BEHIND THE, THE ACTUAL SIGN.

UM, IT WOULD REALLY CHANGE THE CHARACTER OF THIS PARTICULAR AREA.

THAT'S SOME OF THE PROBLEMS THAT THE NEIGHBORS ARE PUTTING FORTH, OR AT LEAST A NUMBER OF THE PEOPLE IN THE NEIGHBORS ASSOCIATION FEEL THAT, THAT, THAT HUGE ASSIGNED IS GOING TO MAKE A HUGE DIFFERENCE IN THE CHARACTER OF OUR NEIGHBORHOOD.

UM, THE BIGGEST, MOST OF THOSE HOUSES ARE SINGLE STORY, RESIDENTIAL, UM, STRUCTURES, UM, AND IN VIEWING THE APPLICATION, UM, UH, MR. OR MR, OR ALEX NOTED THAT THERE WAS A COMMENT FROM THE, THE OWNER OF THE PROPERTY AT 1101 BENTWOOD THAT GENTLEMAN BOUGHT THAT PIECE OF PROPERTY LESS THAN TWO YEARS AGO HAS NEVER LIVED IN THE NEIGHBORHOOD.

AND AT LEAST AT THIS PER TIME CURRENTLY RESIDES IN HUNTINGTON, CALIFORNIA, OR I'M SORRY, HUNTINGTON BEACH, CALIFORNIA.

UM, AS PREVIOUSLY NOTED, IT'S THE SIZE AND THE HEIGHT OF THE SIGN.

THAT'S, THAT'S MOST PROBLEMATIC FOR US.

NONE OF THE NEIGHBORING BUSINESSES HAVE ELEVATED SIGNAGE, UM, IN THE VARIATION APPLICATION, THE PROPOSED SIGN IS COMPARED TO THE IN AND OUT BURGER SIGN ON THE WEST SIDE OF THE FREEWAY.

UM, AND THAT IS A LARGE SIGN.

I GET IT, AND IT IS BRIGHT.

UM, WHILE THIS IS A LARGE TALL SIGN THAT SIGN AND THE IN AND OUT BURGER SIGN IS A RESTAURANT, A FAST FOOD RESTAURANT.

THE, OUR PARTICULAR SITUATION IS THAT, AND THAT IS ALSO IN A COMMERCIAL AREA, OUR PARTICULAR SITUATION WITH THE NEW BUSINESS IT'S ZONED AS A LIMITED OFFICE, UM, NEIGHBORHOOD PLAN.

SO A LITTLE DIFFERENT, UH, THE BUILDING IT, UM, AT 45 OR 7 35, WE'LL SERVE ABOUT FOUR PROFESSIONAL OFFICES.

UM, AND THE APPLICANT EXPRESSED CONCERNS AT LEAST AT ONE PARTICULAR TIME ABOUT PEOPLE BEING ABLE TO FIND THE LOCATION.

UM, AND THE NEIGHBORHOOD ASSOCIATION MEMBERS REALLY MAINTAIN THAT GOOD SIGNAGE, UM, THAT CLOONEY ADVERTISES THE PROPERTY AND, AND ITS LOCATION, UM, WOULD SUFFICE AND THAT THE LACEYS AND THEIR CLIENTS, UM, DO NOT NEED, OR DO NOT REQUIRE A 200 SQUARE FOOT, 50 FOOT HIGH SIGN.

AND IF THE PURPOSE IS TO INFORM DRIVERS ON ,

[00:25:01]

THE NEAREST TREE, RIGHT EXIT IS PAST THE PROPERTY.

UM, THE AIRPORT BOULEVARD EXIT TO THE SERVICE ROAD THAT DOES ALLOW ACCESS TO THE BUILDING, HAS NO LINE OF SIGHT TO ASSIGN, EVEN AT THE HEIGHT OF THE PROPOSED SIGN.

UM, WE BELIEVE THAT, UM, WITH CURRENT GPS TECHNOLOGY, THE CLIENTS, THEIR CLIENTS WOULD BE EASILY DIRECTED TO THE OFFICE BUILDING WITHOUT DIFFICULTY.

UM, WE ALSO UNDERSTAND THAT THE APPLICANT IS CONCERNED ABOUT THE TREES AND THE PROPERTY THAT COULD OBSCURE THE VISIBILITY OF A SIGN.

AND WE'VE SEEN THAT DO ACKNOWLEDGE THAT THAT COULD BE A PROBLEM.

UM, WE UNDERSTAND THAT THE NEW REQUIREMENTS ALSO A MANDATE, THE SIGN BE 15 FEET FROM THE POWER LINE, WHICH MEANS THAT, THAT THE SIGN THAT THEY ERECT WILL HAVE TO BE MOVED IN TOWARDS THE NEIGHBORHOOD.

UM, IN ORDER NOT TO BOTHER WITH OTHER KINDS OF CODE RECORD ISSUES WITH THE CLOSENESS OF THE HIGHWAY, WE BELIEVE THAT A SMALLER SIGN ADVERTISING THE BUSINESS AND LOCATION WOULD BE JUST AS EFFECTIVE AND PROBABLY EVEN SAFER AND EASIER TO SEE, UM, SPECIFIC DETAILS ON THE DESIGN OF THE SIGN OF THE DIGITAL SIGN, INCLUDING THE BRIGHTNESS OF THE LIGHTING AND HOW IT IMPACTS THE SURROUNDING AREAS AFTER SUNSET ARE TRULY UNKNOWN.

UM, WE APPRECIATE THE APPLICANT'S UPDATED INFORMATION ON THE ELECTRIC ELECTRONIC MESSAGE SIGN AND EXPLAINING ALSO TO US THAT THE SIGN IS WATTAGE CAN BE DIMMED AT NIGHT, BUT WE DON'T KNOW SINCE THE SUN IS GOING TO BE MOVED IN MORE TOWARD THE, THE NEIGHBORHOOD, HOW THAT'S GOING TO AFFECT THOSE RESIDENTS.

AND THEY HAVE SOME CONCERNS ABOUT THAT.

UM, THERE WAS ALSO MENTIONED IN THE APPLICATION THAT THE SUN WOULD POSSIBLY BE ABLE TO DETER CRIME IF, AND HE'S RIGHT.

THERE'S BEEN, THAT HAS BEEN AN INTERESTING HISTORICAL ISSUE PIECE OF PROPERTY FOR QUITE SOME TIME.

UM, WE CAN ALL TELL STORIES ABOUT THAT, BUT, UM, IF PART OF THE RATIONALE IS THAT THAT SIGN WOULD DETER CRIME.

WE ASSUME THAT THAT, THAT IT WOULD HAVE TO BE QUITE BRIGHT AND THEREFORE THE HEIGHT WOULD BE NECESSARY AND IT WOULD HAVE TO BE MORE ILLUMINATED TO DO THAT.

SO AT THIS TIME WE ARE REQUESTING THAT YOU NOT GRANT THE VARIANCE.

THANK YOU VERY MUCH, ALEX, YOU HAVE TWO MINUTES TO REBEL IF YOU'D LIKE IT.

DO YOU NEED YOUR PRESENTATION PULLED BACK UP OR, UH, NO.

THANK YOU.

UM, SO ONE OF THE THINGS THAT WE WANTED TO ADDRESS WHEN WE FIRST STARTED THE APPLICATION PROCESS IS WE STARTED REACHING OUT TO AUSTIN ENERGY PER THE, UH, BOARDS, UH, RECOMMENDED GUIDE.

UH, WE REACHED OUT TO AUSTIN ENERGY IN JANUARY.

WE STARTED REACHING OUT TO OUR NEIGHBORS IN JANUARY.

UM, THERE'S CORRESPONDENCE THAT ATTEST TO THAT.

UM, BUT YOU KNOW, ONE OF THE THINGS THAT THE, UH, BOARD RECOMMENDED IS THAT WE CONSULT WITH THE NEIGHBORHOOD PLAN AND WHICH I DID.

AND I JUST WANTED TO READ FROM THAT.

AND THIS IS PART OF THE INSPIRATION FOR THIS IS THAT, UH, THE NEIGHBORHOOD PLAN SAYS THAT UNLIKE OTHER AREAS ALONG THROUGH CENTRAL AUSTIN, THE WESTERN BOUNDARY OF THE UPPER BOGGY CREEK PLANNING AREA ACTS MORE AS A NEIGHBORHOOD ARTERIAL THAN A TRADITIONAL INTERSTATE FRONTAGE ROAD, THE RECENT RECONFIGURATION OF EXIT AND ENTRY RAMPS ALONG THIS SEGMENT FURTHER REINFORCES THIS CHARACTERIZATION, THE RECESS AND ELEVATED NATURE OF THIS SEGMENT OF HIDES OF TRAFFIC FROM THE FRONTAGE ROAD, THEREBY DIMINISHING THE VISIBILITY OF BUSINESSES LOCATED THERE FROM PASSING FREEWAY TRAFFIC AND REDUCES THE ADVANTAGE IS NORMALLY FOUND WHEN BUSINESSES LOCATE NEXT TO MAJOR FREEWAYS.

SO, UM, AND THAT'S ONE OF THE THINGS THAT, THAT WAS A REASON FOR THE AUSTIN ENERGY POSTPONEMENT IS IT.

NOW WE NEED TO MOVE FROM SEVEN AND A HALF FEET TO 15 FEET FURTHER INTO THE PROPERTY.

UM, IT'S BECOME EVEN MORE OF A NECESSITY NOW TO, UH, ELEVATE THE SIGN BECAUSE THE, UM, SIGN WILL NOW BE CLOSE TO, UM, A BIG PORTION OF ONE OF THE, UH, PROTECTED TREES ON THE PROPERTY.

AND I THINK THAT IF WE TRIED TO TRIM THOSE BRANCHES, UM, IT'S OUR OPINION THAT, UH, TOO MUCH OF THE CANOPY WOULD BE LOST AND WE MAY LOSE THAT TREE THAT'S RIGHT IN FRONT OF THE PROPERTY.

SO, UM, WE, WE DO WANT TO ELEVATE IT.

AND THE REASON FOR THE INCREASE IN THE SIZE IS THAT IT SCALES WITH THE ELEVATION CHANGE.

IT JUST MAKES IT AS VISIBLE.

UM, AND IT'S NOT SOMETHING THAT'S OUT OF THE, UM, OUT OF THE NORM, THEY'RE ON 35, THE ADVANCED PACKET HAS THE FOOD KITCHEN THAT HAS THE 200 SQUARE FOOT SIGN.

UM, I'M NOT SURE IF THEY OBTAINED A VARIANCE FOR THAT.

UM, I JUST SEE IT, THEY WENT THROUGH PERMITTING, BUT, UM, WE'RE JUST LOOKING TO BE ON EQUAL FOOTING WITH THE, WITH THE BIG BUSINESSES THEY'RE ON 35.

WE'RE NOT LOOKING FOR ANY KIND OF SPECIAL TREATMENT.

PERFECT TIMING.

THANK YOU VERY MUCH.

OKAY.

LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.

AND IF I COULD TAKE A LITTLE LIBERTY, I'D LIKE TO START BECAUSE I ACTUALLY HAVE A FEW QUESTIONS.

SO, UM, ARE ANY OF THOSE BUSINESSES GOING TO BE 24 HOURS A NIGHT?

[00:30:03]

WOULD YOU BE OPEN TO THE BOARD PLATES TO GET CONDITIONED, HAVE A CURFEW ON THE SIGN? SURE.

IS THE BACKSIDE LID? I KNOW I LOOKED AT THE DESIGN AND IT LOOKS LIKE IT'S A TRIANGLE WITH TWO PLACES FACING OUT TOWARDS EACH SIDE OF THE FREEWAY.

SO WHEN WE RECEIVE THE, UM, INITIAL OPPOSITION, UH, WE, WE DID WANT TO SET UP A MEETING, BUT MY UNDERSTANDING, UH, REACHING OUT TO THE ASSOCIATION WAS THAT THERE WERE TOO MANY PEOPLE THAT WANTED TO MEET.

UM, BUT WE DID GET THE OPPOSITION LETTERS AND I WANTED TO RESPOND TO THOSE BY WORKING WITH OUR SIGN ENGINEER.

UM, THE, UH, TRIANGLE THAT YOU SEE IS ACTUALLY AN ALTERNATIVE DESIGN.

AND WHAT THAT DOES IS THAT IT FACES AWAY FROM THE PROPERTIES BEHIND US.

UM, AND IT ALSO HAS, UM, I LEARNED ALL ABOUT SIGNS DOING THOSE.

SO IT HAS THIS THING CALLED A BAFFLE ON IT, WHICH BLOCKS THE LIGHT FROM GOING BEHIND, UH, THE SIGN.

SO, UM, THAT'S AN ALTERNATIVE DESIGN.

UM, WE'RE NOT OPPOSED TO THAT, BUT IT DOES TAKE UP MORE SPACE RIGHT NOW BY MOVING INTO THE PROPERTY.

WE'RE LOSING TWO MORE, UH, TWO PARKING SPACES, WHICH IS OKAY, BUT WITH THAT TRIANGLE DESIGN, WE'D PROBABLY LOSE THREE, MAYBE FOUR SPACES.

AND THERE'S ONLY 19 SPACES, WHICH SOUNDS LIKE A LOT, BUT I MEAN, IT'S NOT THAT, THAT MUCH.

UM, SO IT IS A TRIANGLE DESIGN, THAT'S THE ALTERNATIVE, BUT THE RECTANGULAR DESIGN, UH, VERY SIMILAR TO THAT IN AND OUT IS, IS REALLY WHAT WE INITIALLY APPLIED FOR.

AND THAT'S WHAT THE MAIN APPLICATIONS ABOUT.

OKAY.

UH, VICE-CHAIR HAWTHORNE.

SO HONESTLY, UM, I ACTUALLY THINK OF A MONUMENT SIGN WOULD BE A BETTER APPLICATION THAT IF I LOOK ON LOOKING AT THE PRESENTATION ON THREE, THREE, UH, PAGE 10, AND HONESTLY, IF THERE WERE A MONUMENT SIGN ALIVE, MAYBE WHERE THE BUSHES ARE, WHICH WOULD BE MORE OF A SETBACK VARIANCE, OR, UM, MORE AT THE BEGINNING OF THE PARKING MOVING, ASSIGN NEXT TO A HERITAGE TREE THAT TREE'S BEEN LONGER HERE THAN WE'D BEEN ALIVE IS JUST, YOU KNOW, ASKING TREE'S GOING TO GROW.

IT'S GOING TO BE IN THE SAME SPOT.

UM, AND THIS'LL JUST START A SERIES OF VARIANCE REQUESTS RIGHT IN THIS AREA.

I, I, I'M NOT SEEING IT.

UM, BUT EVERYONE'S OF COURSE OPEN TO THEIR OPINION.

I WOULD RATHER SEE THIS AS A MONUMENT SIGN, WOULD THE SETBACK VARIANCE SO THAT THE SIGNAGE WOULD BE BELOW THE TREES, EVEN IF IT WERE A LARGER SIGN BOARD MEMBER BAILEY, I AGREE, UM, WITH VICE-CHAIR HAWTHORNE, THE OTHER THING IS BECAUSE THIS IS BEFORE YOU CAN EVEN EXIT AND YOU'RE GOING TO BE COMING FROM THE SIDE.

THE ACCESS ROAD TO START WITH IS SO MUCH EASIER FOR CARS TO SEE A MONUMENT SIGN THAN A SITE, HAVING TO LOOK UP AND SEE A SIGN ABOVE THE TREES THEY'LL KNOW EXACTLY WHERE YOUR DRIVEWAY IS BECAUSE THE MONUMENT SIGN WILL ENTER THEM INTO THAT DRIVEWAY.

RIGHT NOW, IT JUST SEEMS LIKE IT IS AN ADVERTISING SIGN, NOT A WAYFINDING SIGN.

AND WE DON'T, WE DON'T DO ADVERTISING SIGNS.

I ALSO THINK 200 SQUARE FEET IS QUITE EXCESSIVE.

AND IF YOU DID A MONUMENT SIDE SIGN, IT WOULD SOLVE YOUR PROBLEMS WITH THE NEIGHBORHOOD BECAUSE IT WOULD BE LOWER.

IT WOULD GIVE YOU BETTER VISIBILITY COMING ALONG, COMING ALONG THE FRONTAGE ROAD, RIGHT THERE INTO THE PROPERTY.

AND ALSO YOU WOULDN'T HAVE THE ISSUES WITH LIGHTS BLEEDING OVER INTO THE SINGLE FAMILY NEIGHBORHOOD.

SO I'M IN AGREEMENT ON THAT.

UM, THIS, AS IT STANDS RIGHT NOW, IT'S NOT SOMETHING THAT I CAN SUPPORT.

I GET SUPPORTIVE POSTPONEMENT IN ORDER TO LOOK AT IT IN A DIFFERENT WAY.

I HAVE A COUPLE OF QUESTIONS FOR A COUPLE OF QUESTIONS FOR MR. IBARRA.

UM, THE FIRST ONE IS JUST ABOUT THE EXISTING SIGN AND I'M WONDERING HOW LONG THAT SIGN HAS BEEN THERE AND KIND OF CONVERSELY WHAT YOU EXPECT THE LIFESPAN OF THE NEW SIGN TO BE.

I BELIEVE THE SIGN, UM, HAS BEEN THERE SINCE 2007.

UM, AND THE NEW SIGN.

HOW LONG DO YOU EXPECT THAT TO BE USEFUL, VALUABLE SIDE, OR LIKE HOW LONG OF STRUCTURALLY DO YOU THINK THESE THINGS LAST? OH, FOR THE NEW DESIGN FOR THE NEW SITE? UM, MY UNDERSTANDING IS THAT WITH THE RIGHT MAINTENANCE, IT SHOULD LAST 20 YEARS.

OKAY.

UH, AT THE VERY LEAST, UM, OKAY.

ARE YOU FOLLOWING THE CONVERSATIONS AROUND HOW IS GOING TO BE REBUILT? UM, HOW DO YOU THINK YOUR PROPOSED SIGN INTERACTS WITH THE DIFFERENT DESIGN LAYOUTS THAT ARE BEING

[00:35:01]

FLOATED ABOUT ? CAUSE IT SEEMS TO ME THAT, YOU KNOW, YOU MIGHT LOSE THE EFFECTIVENESS OF YOUR SIGN DEPENDING ON WHICH OUTCOME WE HAVE.

YEAH.

I MEAN, I THINK THAT, YOU KNOW, I HEAR, I HEAR THE ARGUMENT FOR THE, UM, FOR THE MONUMENT SIGN.

UM, BUT THE, YOU KNOW, I THINK THAT THE, UM, THE ISSUE THAT WE RAN INTO AND THE REASON THAT WE DEVELOPED THE IDEA TO BEGIN WITH IS THAT WE SAW THE SIGNAGE FOR THE NEIGHBORING BUSINESSES.

AND, UM, I KNOW THAT NO MATTER WHAT, EVEN WITH THAT, WITH THAT PROPOSED REDESIGN OF , UM, I DON'T EVEN KNOW IF WE LOSE PART OF THE PROPERTY.

WE MIGHT, I MEAN, WE JUST PUT UP THAT FENCE, WE MIGHT LOSE PART OF THE PROPERTY, BUT, UM, WHAT AUSTIN ENERGY TOLD US IS THAT, YOU KNOW, AND CONSIDERING THAT, THAT DESIGN CHANGE, BUT ALSO AUSTIN ENERGY HAS CHANGED.

THEY SAID IN 20, 21, IF YOU, UH, MODIFY AN EXISTING SIGN, LIKE THE MARTIN HARRY SIGN THAT'S ON THE PROPERTY, UM, YOU WOULD NEED TO STILL MOVE IT BACK.

SO THAT SIGN BECOMES, YOU KNOW, BASICALLY USELESS IF WE TRY TO, TO EVEN REMODEL THAT EXISTING.

SO ONE WAY OR THE OTHER, I MEAN, WE DO HAVE TO CONSIDER THE CHANGES, UH, BOTH AUSTIN ENERGY AND THE JUST TO BRING EVERYTHING IN AND MAYBE PLAN FOR THAT.

BUT I THINK THAT FOR THE CHANGE, IF IT DOES GO, UM, THEN, UH, YOU KNOW, WE WOULD, WE WOULD AT LEAST BENEFIT FROM, YOU KNOW, MAYBE THAT TRIANGLE DESIGN AND, AND MAYBE MAKING SURE THE NEIGHBORHOOD IS HAPPY, UM, AND, UH, JUST FACING OUT THAT WAY SO THAT PEOPLE CAN STILL FIND THE BUSINESS.

OKAY.

AND THE LAST THING I HAVE, I THINK THIS IS MORE OF A COMMENT THAN A QUESTION, BUT, UH, WHEN MR. BUYER READ THE NEIGHBORHOOD PLAN, WOULD I GATHERED FROM THAT IS THAT THIS SECTION OF 35 IS NOT SUPPOSED TO BE LIKE A BIG ATTRACT THE KIND OF BUSINESSES AND ACTIVITY THAT A NORMAL FEEDER ROAD IS.

UM, SO THAT WAS MY UNDERSTANDING, I GUESS YOU CAN CORRECT ME IF I INTERPRETED THAT INCORRECTLY, BUT IT SEEMS LIKE THE, IT'S AN ARGUMENT AGAINST YOUR POSITION WHEN YOU READ THAT.

WELL, IT, UM, I, YOU KNOW, I DISAGREE IN THAT.

IT JUST STATES THAT THEY'RE NOT TRADITIONAL BUSINESSES, SO THERE'S A SCHOOL AND THEN THERE'S THE OFFICE SPACE THAT, THAT WE'RE IN.

UM, AND THAT, YOU KNOW, OUR BUSINESS IS RECESSED INTO THE PROPERTY.

UM, THAT'S ONE OF THE REASONS THAT I WANTED TO, UM, TO, UH, YOU KNOW, APPLY FOR THE SIGN, BUT ALSO THE, UM, OTHER ISSUE IS THAT IT'S SO CLOSE, UH, EXITING AIRPORT, IF YOU'RE JUST ON, ON AIRPORT ITSELF, TURNING ONTO .

UM, IT'S SO CLOSE TO THAT TURN THAT, UM, THAT TURN ALONE CAUSES, YOU KNOW, VISIBILITY, VISIBILITY ISSUES.

AND WE SEE, UM, OUR CLIENTS VENDORS, UM, MISS THE TURN-IN, UM, BECAUSE IT'S SO CLOSE TO THAT, TO THAT, UM, UH, SERVICE ROAD.

THAT WAS ALL I HAD.

THANK YOU.

OKAY.

FORD MEMBER MACARTHUR.

HI, I'M GOOD PRESENTATION.

BUT SO THE ONLY OPTION THAT'S, UM, YOU'RE INTERESTED IN IS THE TALL SIGN.

YOU'RE NOT INTERESTED IN OBTAINING A VARIANCE FOR A MONUMENT SIGN CLOSER TO THE STREET.

I BELIEVE, I REALLY BELIEVE, UM, THAT THE, AND I THINK THAT MAYBE WE WOULD, UM, EXPLORE THAT OPTION WITH MAYBE A TRAFFIC ENGINEER, BUT I THINK THAT IT'S SO PROXIMATE TO THAT TURN, THAT THERE WOULD BE PEOPLE THAT WOULD TRY TO READ THE SIGN IF THAT'S OUR ONLY SIGNAGE THAT THERE WOULD BE CRASHES RIGHT IN FRONT OF THE BUILDING.

UM, AND WE'D BE WILLING TO POSTPONE AND INVEST IN SOMETHING LIKE THAT.

UM, JUST TO SEE IF THERE'S, UM, YOU KNOW, ANY VIABILITY TO THAT IDEA, BUT I REALLY DO BELIEVE JUST BASED ON MY DRIVING THERE, YOU KNOW, IN THE MORNINGS, I SOMETIMES MISS IT, YOU KNOW, SO PEOPLE STOPPING TO READ THAT SIGN THAT'S LOW TO THE GROUND.

I THINK THAT THERE WOULD BE, UM, SOME ISSUES WITH, WITH, UH, TRAFFIC ACCIDENTS.

UM, I JUST WOULD LIKE TO COME IN, I DRIVE ON THAT STREET QUITE OFTEN, AND I THINK THAT IF YOU'RE DRIVING ON THE ACCESS ROAD, LOOKING UP AT A 50 FOOT SIGN, WHILE YOU'RE GOING AROUND THE CORNER, YOU MIGHT NOT SEE A SIGN THAT HIGH UP IN THE AIR AS MUCH AS YOU WOULD SEE ONE CLOSER TO WHERE YOU'RE DRIVING.

THAT'S JUST A COMMENT BOARD MEMBER SMITH.

CAN YOU, CAN YOU EXPLAIN THE NEED FOR 200, I GUESS 200 SQUARE FOOT SIGN? WHAT'S THE NEED THERE? IT SEEMS IMMENSE TO ME.

WELL, UM, MY UNDERSTANDING OF THE APPLICATION IS THAT YOU'RE NOT RECEIVING ANY PRIVILEGES OR ADVANTAGES THAT OTHER BUSINESSES ARE NOT RECEIVING, RIGHT.

AND THE INSPIRATION FOR THE 200 SQUARE FEET IS THE, THE SIGN THAT IS, UM,

[00:40:01]

ACROSS THE STREET ABOUT MAYBE A QUARTER MILE FROM THE PROPERTY.

UM, AND IT'S A, UH, FOOD KITCHEN THAT HAS AN EXACT 200 SQUARE FOOT SIGN.

UM, AND MY UNDERSTANDING AND THE, AND THIS PARTICULAR DESIGN SPEAKING WITH THE, UM, SIGN ENGINEER IS THAT WHEN YOU RAISE THE SIGN, UM, IT NATURALLY HAS TO BECOME LARGER.

UM, SO THAT THEIR VISIBILITY ISSUES, I THINK THAT LONG-TERM, WE CAN REALLY ONLY SOLVE, UM, NOT EVEN THE, THE SERVICE ROAD VISIBILITY, BUT BECAUSE OF THE NEIGHBORING TREES AND THE FACT THAT TREES ARE CONTINUOUSLY GROWING, WHICH IS GREAT.

WE DON'T WANT TO DO ANYTHING, UH, ADVERSE TO OUR TREES EITHER, BUT I THINK THAT LONG-TERM, WE CAN REALLY ONLY SOLVE, UM, VISIBILITY ON 35 AND BY RAISING THAT SIGN AND MAKING IT MORE VISIBLE WITH THE SIZE INCREASE, UM, WE CAN SOLVE FOR AT LEAST.

AND, UM, THAT WAY WE, WE WOULD NEVER NEED TO ASK FOR ANOTHER VARIANCE TO TRY TO OVERCOME SOME OTHER TREE GROWTH OR SOMETHING LIKE THAT.

UM, I THINK THAT THAT'S REALLY WITH THE WAY THAT THE PROPERTY IS SITUATED.

I THINK THAT'S REALLY ALL WE CAN REALLY SOLVE IS, UM, VISIBILITY.

WELL, IN WHAT WAYS WILL YOUR BUSINESS BE SIMILAR TO A FOOD KITCHEN? IT WOULD BE SIMILAR IN THAT IT'S A MULTITENANT OFFICE AND THAT FOOD KITCHEN IS A MULTITENANT, UH, RESTAURANT.

SO, UM, WE ARE IN THE MIDDLE OF, UH, LEASING THE PROPERTY, UM, AND MAKING IT TO WHERE, UH, YOU KNOW, OTHER, EITHER OTHER, UM, PROFESSIONAL OFFICES CAN COME IN AND IF THEY NEED TO CHANGE THE NAME OUTSIDE ON THE SIDE, OR IF THE TENANT ONLY SIGNS LIKE ONE-YEAR LEASE, UH, WE CAN CHANGE IT WITHOUT HAVING TO, UM, MAKE MODIFICATIONS.

YEAH, WELL, I, I, UM, I CONCUR A LOT OF THE COMMENTS THAT OTHER BOARD MEMBERS HAVE SAID, I MEAN, MENTIONED HERE.

UM, YEAH, I DON'T, I DON'T, I KNOW THE CONCEPT OF FINDING ANOTHER SIMILAR SIGN THAT YOU WANT TO IMITATE, BUT THAT SIGN DOESN'T HAVE THE ISSUES YOUR PROPERTY HAS WITH THE TREES AND THE NEIGHBORHOOD RIGHT NEXT TO IT.

I WOULD ASSUME IT DOESN'T HAVE A NEIGHBORHOOD.

SO I DON'T, I DON'T THINK YOU CAN MAKE A COMPARISON THERE.

SO THAT'S ALL, I HAVE A COUPLE OTHER QUICK QUESTIONS.

UM, IN THE SCHEMATICS THAT YOU PUT IN YOUR PRESENTATION, IT APPEARED THAT YOU GUYS WERE GOING TO TRY TO USE THE POST OF THE CURRENT SIGNS THAT CORRECT, OR WHAT DID YOU END UP GETTING REPLACED? WE WERE GOING TO USE THE, UM, EXISTING, WE'RE GOING TO SEE IF WE CAN USE THE POST.

UM, BUT MY UNDERSTANDING IS THAT THE WEIGHT MAY NOT SUPPORT IT.

UM, SO WE WERE AT LEAST GOING TO TRY TO USE THE CONSTRUCTION THAT IS ALREADY PRE-EXISTING, BUT THEN WE LEARNED, THAT'S WHY WE HAD THE TWO MONTH DELAY THAT WE NEED TO BRING IT IN ANY WAY.

SO IT'S, UM, I MEAN, WE'RE GOING TO NEED TO COVER IT, UM, AND DO SOMETHING WITH IT BECAUSE IT CAN'T BE THAT PROXIMATE TO THE POWER LINES.

OKAY.

UH, DO YOU KNOW THE SQUARE FOOTAGE OF THE CURRENT SIGN? UM, YES.

SO IT'S THE MAXIMUM SQUARE FOOTAGE.

IT'S 107 SQUARE FEET.

AND IF I COULD ASK A FEW QUESTIONS FROM THE OPPOSITION, I APOLOGIZE.

I FORGOT YOUR NAME.

COULD YOU COME BACK UP SO I CAN ASK A FEW QUESTIONS FOR Y'ALL STEVE, MAYBE.

YEAH, ABSOLUTELY.

AND IF I COULD JUST GET YOU TO SIT DOWN FOR ONE SECOND, UH, COMANAGER WHILE THEY COME DOWN.

I JUST WANTED TO SAY THAT, UH, THE SIGN ORDINANCE HAS A MAXIMUM SIGN BASE AREA, AND THEN IT HAS A CALCULATION WHICH IS BASED ON THE AMOUNT OF FRONTAGE YOU HAVE.

SO THE SIGN IS LIMITED BY HOW MUCH PUNTED YOU HAVE ACTUALLY ALONG THE ROADWAY THAT YOU'RE TALKING ABOUT.

AND SO IF A SIGN IS BIGGER ALONG THAT FRONTAGE, THAT DOESN'T HAVE A VARIANCE, IT MAY JUST BE, THEY HAVE MORE FRONTAGE ON THE ROADWAY.

OKAY.

THANKS.

THANKS.

UM, SO THERE WAS A COUPLE THINGS THAT I ASKED HIM ABOUT, UM, MOSTLY BECAUSE, I MEAN, I'M LEANING ALSO TOWARDS THE MONUMENT SIGN AND I APPRECIATE ALL THE POINT OF VIEW, BUT AT THE SAME TIME, I WANT TO TRY TO HELP OUT NEW SMALL BUSINESSES.

SO WOULD YOU BE OPEN TO ME BEING MEETING IN THE MIDDLE SOMEWHERE? WE APPLIED SOME CONDITIONS LIKE A CURFEW, YOU KNOW, WHERE, UM, AN HOUR AFTER SUNSET, IT HAS TO GO VERY DIM.

AND WHERE AT LIKE 11 O'CLOCK AT NIGHT, IT HAS TO BE CUT OFF COMPLETELY.

THE TRIANGLE WOULD HAVE TO BE THERE.

UH, SO THAT THE BACKSIDE DOES NOT BASE THE NEIGHBORHOOD LIKE AT ALL.

UM, WE COULD EVEN LIMIT IT PROBABLY INSTEAD OF 240

[00:45:01]

SQUARE FEET TO 200.

THE SIGNS ARE ACTUALLY PRETTY SMART.

THERE'S A LOT OF STUFF YOU CAN DO WITH THEM.

CAUSE THEY'RE RUN BY COMPUTERS THESE DAYS.

UH, APPARENTLY I JUST LEARNED THAT TODAY.

I'M VERY PROUD OF IT.

WELL, I'LL, UM, ANSWER SOME OF OUR MAIN CONCERN HAS BEEN, IF YOU'RE LOOKING AT, UH, PAGE FIVE AND SIX OF HIS PRESENTATION AND ON THAT SIDE OF THE FREEWAY, ON THE I'LL CALL IT THE EAST SIDE, YOU SEE THE TREES, ALL OF THE BUSINESSES ALONG THAT STRIP OF LAND UP UNTIL YOU GET TO TWO 90, APPROXIMATELY HAVE VERY LOW SIGNS.

EVEN THE MUELLER, UM, SHOPPING CENTER DISTRICT, THEY'RE LOW SIGNS, THE SIGN, I THINK THAT DESCRIBES EACH BUSINESS IT'S LOCATED.

THERE IS STILL A, UM, I'M NOT EVEN SURE IT WOULD BE TALLER THAN 15 FEET.

I I'M GUESSING ON THAT ONE, BUT THEY'RE LOW SIGNS.

THE VETERINARIAN'S OFFICE IS ON HIS BUILDING.

UM, THE PROPERTY IMMEDIATELY TO THE NORTH SIDE OF THIS COMMERCIAL PROPERTY, THAT'S REQUESTING THE SIGNED VARIANCE IS CURRENTLY A BOARDED UP EMPTY, UM, RESIT, FORMER RESIDENTIAL THAT HAD BEEN USED FOR SOME MINIMAL BUSINESS ACTIVITY IT'S CURRENTLY EMPTY AND BOARDED UP ON.

SO ANY RECOMMENDATION OF WHAT'S HAPPENING, ANYTHING COULD IMPROVE THAT PROPERTY.

UM, THE SCHOOL WHILE IN SUPPORT OF THE DEVELOPMENT OF THAT PROPERTY, WE'RE NOT REALLY AWARE THAT THEY WERE ALSO SAYING THAT ASSIGN 200 SQUARE FEET WAS PART OF WHAT THEY WERE AGREEING TO A, BEEN A DETERRENT TO CRIME IN THE AREA.

SORRY, I GOTTA INTERRUPT REAL QUICK.

CAUSE I JUST REALIZED, DID YOU STATE YOUR NAME FOR THE RECORD? DID I, WHAT, OH, MY NAME MARY STANTON.

I LIVE AT 1307 NORWOOD.

OKAY.

SORRY.

I'LL KEEP GOING.

NO PROBLEM.

THANK YOU.

UM, SO AT OUR MAIN CONCERN IS REALLY THE HEIGHT AND THE SIZE, WHETHER THE LIGHTS ARE DIMMED AT NIGHT, WHETHER THEY'RE NOT DIMMED AT NIGHT, UM, IT IS JUST NOT THE SAME KIND OF SIGN OR THE SAME KIND OF BUSINESSES THAT THE IN AND OUT BURGER OR EVEN THE, THE KITCHEN, WHICH I'M NOT FAMILIAR WITH THAT SIGN.

UM, THE SIGNS THAT WERE IN THE PRESENTATION, ONE WAS A FURTHER NORTH ALONG THE HIGHWAY, 35, SHOWING ANOTHER, UH, LAWYERS BUSINESS, TOTALLY A NON-RESIDENTIAL AREA.

THE SIGN WAS ALSO MUCH SHORTER.

SO IT'S JUST MAINLY THE SIZE AND THE HEIGHT.

I'M NOT SURE THAT'S SOMETHING THAT WE CAN SAY.

YES, WE COMPROMISE.

OKAY.

I THINK THE MONUMENT LOWER SIGN, IF I'M DRIVING ON THAT STREET, WHICH I DO REGULARLY, YOU'LL SEE THINGS AT STREET LEVEL.

YOU'RE NOT GOING TO SEE SOMETHING 50 FEET HIGH AND WHERE THE ACCIDENTS HAVE TRIED TO LIKE, AND THAT COMPROMISE IF POSSIBLE, BUT WE DON'T SEE A COMPROMISE ON THE SIZE OF THE SIZE.

I THINK WE'RE CERTAINLY WILLING TO WORK WITH, YOU KNOW, THE DIMMI AND KNIGHTS.

AND WE APPRECIATE THE FACT THAT THEY HAD ACTUALLY LOOKED INTO DOING SOME OF THAT STUFF.

I THINK IN ADDITION TO WHAT MARY SAID, I THINK ONE OF THE OTHER CONCERNS THAT OUR NEIGHBORHOOD HAS EXPRESSED IS THAT IF THIS VARIANCE IS GRANTED, THEN IT'S GOING TO SET A PRECEDENT FOR THIS, FOR THE SAME SIZE SIGNS BEING GRANTED ALONG THE CORRIDOR, JUST TO CLARIFY, UH, WITH BOARD OF ADJUSTMENT, EVERY SINGLE CASE IS UNIQUE.

EVERY SINGLE PROPERTY IS UNIQUE.

ONE KEYS DOES NOT SET PRECEDENT FOR ANOTHER KEYS.

WE CAN LITERALLY HAVE TWO PROPERTIES RIGHT NEXT TO EACH OTHER ZONED EXACTLY THE SAME TWO SQUARE FEET DIFFERENCE IN SIZE VOTE.

YES.

FOR ONE VOTE, NO FOR THE OTHER.

AND IT IT'S, IT'S ALL BASED ON THE HARDSHIP AND HOW IT'S PRESENTED.

GOOD TO KNOW.

ALL RIGHT.

SO THAT THAT'S AT LEAST A PLUS.

RIGHT.

OKAY.

OKAY.

THANKS.

Y'ALL I HAVE A COMMENT BY OMISSION.

WE DO SOMEWHAT SET PRECEDENT WHEN WE HAVE A CASE IN, IN AN AREA, SOMEWHAT IT, EVEN THOUGH WE HEAR EACH ONE INDIVIDUALLY, IT DOES SET A PRECEDENT ON THAT.

THE OTHER ONE IS I MIGHT NOT BE WILLING TO COMPROMISE.

I KNOW YOU WERE ASKING IF THEY WOULD.

I DON'T THINK I WOULD BE.

OKAY.

UM, ALSO APPARENTLY THIS AREA ZONE, NEIGHBORHOOD COMMERCIAL, LIKE NEIGHBORHOOD OFFICE, THOSE PROPERTIES ACROSS 35 ARE FULL ON GUYS SAW THEIR CSN LS.

SO IT'S A TOTALLY DIFFERENT ZONING, A TOTALLY DIFFERENT NEIGHBORHOOD FEEL.

SO THAT'S APPLES AND ORANGES AS FAR AS THE SIGNAGE.

AND AS MELISSA SAID, THEY MAY HAVE MORE FRONTAGE, WHICH ALLOWS YOU A LARGER SIGN.

UM, IT DEPENDS ON YOUR FRONTAGE.

SO, UM, I WOULD BE WILLING ALSO TO POSTPONE.

SO THE MONUMENT IDEA COULD BE EXPLORED, UM, BECAUSE I DON'T KNOW THAT WE HAVE THE VOTES FOR THIS.

AGREED.

SO I'M WILLING TO MOVE TO POSTPONING.

DO YOU NEED ONE OR TWO MONTHS OR, SORRY.

HELLO? CAN YOU HEAR ME?

[00:50:01]

YES.

OKAY.

UM, AND THIS IS JUST SO THAT I HAVE A GOOD ESTIMATE OF TIME.

I MEAN, IS THIS SOMETHING WHERE IF, UM, WE WERE TO OBTAIN A, LIKE A NEUTRAL TRAFFIC ENGINEER, I MEAN, AND, AND WE SEE THAT THE MONUMENT SIGN WOULD HAVE AN ADVERSE EFFECT.

I MEAN, IS THAT SOMETHING WHERE I DON'T THINK IT WOULD HELP THIS SIGN? I THINK YOU NEED TO EXPLORE A MONUMENT SIGN.

OKAY.

BUT THEN WHAT YOU WOULD HAVE TO DO IS WORK WITH THE CITY TO SEE IF YOU WOULD NEED A VARIANCE FOR THAT AS FAR AS SETBACKS OR ANYTHING LIKE THAT.

I THINK THAT'S MORE WHAT THE BOARD IS TRYING TO IMPART TO YOU.

UM, AND MELISSA, MELISSA HAS A QUESTION TO HAWTHORNE.

SO THERE, UM, THERE ARE SIGNS THAT ACTUALLY DON'T NEED A PERMIT THAT AREN'T ELIMINATED.

AND IF YOUR BUSINESSES ARE YOUR GENERAL OFFICES, UM, THE LOWER SCALE SIGN AT, AT A CERTAIN SQUARE FOOTAGE ACTUALLY DOESN'T REQUIRE A PERMIT.

UM, YOU KNOW, YOUR SIGNAGE IS BASED ON YOUR FRONT EDGE AND WILL YOU WOULD, IF YOU WERE COMING BACK FOR A MONUMENT SIGN, YOU WOULD ACTUALLY PROBABLY NEED THE SIGN SETBACK, UH, WHICH WOULD, UM, REDUCED, WHICH WOULD THEN REQUIRE APPROVAL FROM AUSTIN ENERGY.

SO IT WOULD PROBABLY BE BEST TO LOOK AT WHAT AUSTIN ENERGY WOULD ALLOW IN TERMS OF A LOWER SIGN, UH, BELOW THEIR POWER LINES AND HOW CLOSE YOU COULD GET THAT ON WHETHER OR NOT, UM, ON HOW, BECAUSE IT, IT WOULD HAVE TO BE RE NOTICED.

UM, IF YOU'RE NOT INTERESTED IN THE MONUMENT SIGN, I HONESTLY WOULD MAKE A MOTION FOR DENIAL, BUT I'M WILLING TO ENTERTAIN A POSTPONEMENT.

UH, IF THIS IS AN AREA THAT YOU'RE WILLING TO EXPLORE, IF YOU LOOK AT MUELLER ALL ALONG THERE AND ALL OF THEIR SIGNAGE IS, UH, VERY MUCH LOW, LOWER SCALE, I ACTUALLY, UM, AND THEY HAVE A LOT OF BUSINESSES THERE AND UNDERSTAND, BUT WITH WHITE THESE DAYS AND MAPS TELLING YOU ON THE DIME TURN IN 800 FEET TURN, AND IT, IT'S KIND OF NOT, UM, EVERYTHING IS SO DIALED IN.

AND IF YOU'RE, IF YOU MISS YOUR OWN DRIVEWAY, UM, WOW.

UH, BUT THAT'S, THAT'S JUST WHAT I THINK.

UM, SO I'M WILLING TO SECOND, UH, BROOKE'S MOTION, BUT IF IT'S NOT SOMETHING YOU'RE INTERESTED IN, I'M WILLING TO MAKE A SUBSTITUTE MOTION.

WAS THAT ENOUGH OFFICIAL MOTION? WELL, THAT'S WHY I WAS ASKING HIM IF HE NEEDS ONE OR TWO MONTHS, STILL HAVE A FEW MORE QUESTIONS TO RIGHT.

BUT, UH, BUT FOR THE POSTPONEMENT WOULD DO, I WOULD SAY 30 DAYS.

OKAY.

TO SEPTEMBER THEN.

SO THE MOTION WOULD BE SEPTEMBER.

THIS WAS THE LIAISON.

I HIGHLY SUGGEST THE 60 DAYS BECAUSE OF, HE NEEDS YOU NOTIFICATION THAT DOES NOT GIVE HIM ENOUGH TIME TO PAY THE FEE AND GET THE RE NOTICE OUT.

I SUGGEST THE 60.

OKAY.

OKAY.

SIX.

OKAY.

TO THE, UM, OCTOBER WHAT'S BEEN TO THE OCTOBER 10TH OCTOBER TEST.

SO THAT WOULD BE THE MOTION.

I KNOW THERE'S MORE COMMENTS AND DISCUSSION, BUT THAT, AND MELISSA SECONDS THAT, UH, BOARD MEMBER NOW.

OH, OKAY.

SO, UM, I THINK THIS QUESTION IS MORE FOR KIND OF PROCEDURAL PURPOSES AND JUST CAUSE I'M STILL A LITTLE NEW TO THIS.

CAN WE POSTPONE SOMETHING AND HEAR A COMPLETELY DIFFERENT VARIANCE CASE? CAUSE IT, IT SEEMS TO ME THAT IF, I MEAN, THAT'S WHY THEY HAVE TO RE NOTIFY.

OKAY.

OKAY.

SO THAT, BUT THAT WOULD PREVENT THEM FROM LIKE HAVING TO REDO THE FEES AND STUFF.

THEY WOULD HAVE TO JUST PAY THE NOTIFICATION FEE, BUT NOT THE WHOLE NEW VARIANTS FEE.

OKAY.

THANK YOU FOR THE EXPLANATION.

THAT WAS ALL I HAD.

ANY OTHER QUESTIONS OR BOARD MEMBER PUT? I JUST HAD A REAL QUICK COMMENT IS AS LONG AS WE'RE TALKING ABOUT, UM, A POST POEM MEANT, I THINK IT WOULD BE VERY HELPFUL IF THE APPLICANT WERE TO MEET WITH THE NEIGHBORHOOD ASSOCIATION AND MEET WITH EVERYBODY WITHIN THE ASSOCIATION THAT WANTS TO MEET WITH YOU, NO MATTER HOW MANY NUMBERS OF PEOPLE I HAVE EXPRESSED THAT THEY WOULD LIKE TO MEET WITH YOU.

UM, THIS IS TYPICALLY NOT THE WAY THAT SUCCESSFUL APPLICANTS GO ABOUT, UM, MAKING THESE SORT OF APPLICATIONS IF THEY NEED NEIGHBORHOODS SUPPORT.

UM, JUST SUGGEST THAT THAT BE AT THE FOREFRONT OF YOUR MIND AS WE GO THROUGH THIS, UH, POSTPONEMENT

[00:55:01]

PROCESS.

UM, CAN I ASK A COUPLE MORE QUESTIONS? UH THERE'S THERE'S SOME THINGS I LIKE TO THINK ABOUT BECAUSE I THINK, WELL, PEOPLE LIKE SOMETIMES FORGET UNDER WHAT YOU CURRENTLY HAVE WITH THE SIGN, THE A HUNDRED SQUARE FOOT SIGN, RIGHT? YOU COULD YOU TRIM THE TREE BRANCHES AROUND IT TO MAKE IT MORE VISIBLE? WE, SO WE CAN NOT, UM, TRIMMED THE TREE THAT'S OUTSIDE OF THE SURVEY, WHICH IS THE CITY TREE.

UM, WE CAN'T TOUCH THAT ONE.

AND THEN PART OF THE VISIBILITY ISSUE, UH, COME FROM THOSE TREES THAT ARE ON THE NEIGHBORING PROPERTY.

SO WE CAN'T TOUCH THOSE.

UM, BUT WE COULD SEE, UM, ABOUT MAYBE, YOU KNOW, CUTTING SOME OF THE BRANCHES FROM, UH, OUR TREES AND SEEING IF THAT HELPS.

I DON'T SEE.

AND BASED ON THE IMAGES, I DON'T SEE HOW THAT NECESSARILY WOULD.

UM, WHAT WOULD HELP? YEAH.

UM, COULD YOU REPLACE THE CURRENT SIGN WITH AN EMC? A REALLY, REALLY BRIGHT ONE, A HUNDRED SQUARE FOOT SHINES LIKE A STAR IN THE MIDDLE OF THE DAY, BUT TO REPLACE IT WITH I'M SORRY, WHAT? WITH ONE OF THE EMCS OH, WE COULD, WE COULD, WITHOUT HAVING TO GET A VARIANCE WITHOUT HAVING TO GET A VARIANCE.

I JUST WANT Y'ALL TO BE AWARE OF THAT BECAUSE SOMETIMES A FLAG WITHOUT LIMIT A FLAG.

YEAH.

YEAH.

WORST CASE SCENARIO, YOUR UNITED STATES FLAG.

LIKE, AND BE OKAY WITH THAT.

BUT AGAIN, WITH WHAT DARYL WAS SAYING, THE REASON I WANT TO MENTION THAT IS BECAUSE MAYBE IF Y'ALL MEET AND TALK, UH, YOU MIGHT BE ABLE TO COME INTO SOME KIND OF AGREEMENT MAKING SHRINK THE SIGN A LITTLE BIT BECAUSE THE SIZE IS APPARENTLY A PROBLEM AND THE HEIGHT.

UM, I MEAN, FOR ME, THE TRAFFIC STUDY, ISN'T QUITE AS IMPORTANT AS YOU KNOW, IT'S A BIG ASK AND IT SEEMS LIKE THERE'S MORE THAN ONE NEIGHBOR OPPOSED TO IT.

UH, THAT'S GOING TO CARRY A LOT OF WEIGHT, BUT I'M 100% BEHIND A POSTPONEMENT BECAUSE I REALLY LIKE PEOPLE OR AT LEAST GET A CHANCE TO TRY TO WORK THINGS OUT.

ARE THERE ANY OTHER QUESTIONS OR COMMENTS? OKAY.

THEN LET'S CALL THE VOTE.

THIS IS THE MOTION TO POSTPONE ME BY VICE-CHAIR HAWTHORNE OR SORRY.

MADE MY BOARD MEMBER BAILEY SECONDED BY VICE CHAIR HAWTHORNE, UH, TO POSTPONE TO OCTOBER 10TH, 2022.

AND LET'S CALL THE VOTE.

BROOKE BAILEY.

YES.

JESSICA COMING.

YES.

MELISSA HAWTHORNE.

YES.

BARBARA MACARTHUR.

YES.

RYAN.

NO.

YES.

DARRYL PRUITT.

YES.

AUGUSTINA RODRIGUEZ.

YES.

RICHARD SMITH.

YES.

AND MARCEL GARZA.

YES.

DID I MISS ANYONE? NOPE.

OKAY.

UH, POSTPONE TILL OCTOBER 10TH, WE WILL SEE YOU THEN.

UH, YES.

FOR THE NEXT CASES.

UM, THEY WOULD HAVE TO GET EVERY SINGLE MEMBER.

YEAH.

SO WE NEED TO EXPLAIN THAT AND GIVE THEM THE OPTION.

YEAH.

OKAY.

SO NOW WE MOVE INTO THE NEW VARIANTS CASES.

UH, OKAY.

SO FOR

[4. C15-2022-0046 Ricca Keepers for Leslie Socha 1101 Quaker Ridge Drive]

QUAKER RIDGE DRIVE, UH, WHO'S HERE FOR QUAKER RIDGE DRIVE.

SO WE HAVE A PROBLEM HERE.

UH, BOARD MEMBER SMITH HAS TO ABSTAIN AND WE ONLY HAVE NINE MEMBERS WITHOUT BOARD MEMBER SMITH.

WE DON'T HAVE ENOUGH TO VOTE ON THIS, SO WE'RE GOING TO HAVE TO POSTPONE IT, WHICH IS JUST SIMPLE MAJORITY.

AND I APOLOGIZE FOR THAT.

UH, UH, COME UP TO THE PODIUM, STATE YOUR NAME FOR THE RECORD, PLEASE.

AND SO ABOUT THE POST, WELL ABOUT THE CASE, UM, ELAINE ASKED THAT WE GET, UM, ARCHITECTURE DRAWINGS BECAUSE IT'S ABOUT A SETBACK FIVE, JUST FIVE FEET FOR A VARIANCE.

UM, WE WAITED JUST TO SEE WHAT THOUGHTS WOULD BE FIRST CAUSE IT'S ABOUT A 400, 500 SCORE, BUT A ADDITION THAT WE'RE TRYING TO GET PUT ON ABOVE THE GARAGE, SHOULD WE WAIT UNTIL WE, I COME IN FRONT OF YOU GUYS? OR SHOULD WE GO AHEAD AND WORK ON, I'M TRYING TO, I CAN SPEAK TO THAT REAL QUICK.

CAUSE I HAD THAT IN MY NOTES.

UM, IF YOU COULD GET JUST BASIC ELEVATIONS, THEY DON'T NEED TO BE ARCHITECTURALLY PERFECT, BUT THAT WAS, UM, ACTUALLY THOUGHT THAT GUEST THAT WAS ACTUALLY IN MY NOTES.

SO WE'RE GOING TO POSTPONE, LET'S GIVE YOU A LITTLE BIT OF INFORMATION AND THAT WOULD BE VERY HELPFUL.

IT WOULD BE TO HAVE SOME ELEVATIONS OF THAT PROPOSED ADDITION AND THAT COULD BE SIMPLE.

IT COULD BE VERY SIMPLE, BASICALLY BYPASSING AND DEFINITELY SHOWING THAT

[01:00:01]

IT'S NOT GOING TO BE HIGHER THAN THE HOUSE.

AND ALSO JUST SHOWING ABSOLUTELY.

YOU KNOW, WHERE IT IS ON THE FRONT OF THE HOUSE.

WHEN YOU HAVE A FRONT SIDE AND REAR ELEVATION WOULD BE VERY HELPFUL.

OKAY.

I CAN DO THAT YESTERDAY.

BOARD MEMBER MACARTHUR.

HI, I LOVED IT.

YOU HAVE HER CASE.

AND I THOUGHT THERE WAS SOME INFORMATION MISSING.

SO WHEN YOU COME BACK, IT WOULD BE GOOD IF YOU INCLUDED IT.

UM, THE EXISTING ROGER, ACCORDING TO YOUR DRAWINGS IS, HAS A 10 FOOT SETBACK.

AND YOU'RE PROPOSING TO PUT SOMETHING ON TOP OF THAT GARAGE AT 10 FEET.

SO MAYBE SOMEHOW YOU COULD ADDRESS, UH, I KNOW YOU STATED THE REASON YOU NEEDED THE VARIANCE, BUT I DON'T UNDERSTAND WHAT CONDITIONS THE HOME WAS ALREADY BUILT WITHOUT A VARIANCE.

AND SO IF YOU HAVE THAT IN YOUR BACKUP, WHEN YOU COME BACK, THAT WOULD BE GOOD INFORMATION TO HAVE I THOUGHT ABOUT WHEN IT WAS WITHIN THE CITY.

IT WAS BUILT IN 84.

OKAY.

I'M GOING TO GO AHEAD AND INTERRUPT REAL QUICK, UH, AND MAKE A MOTION TO POSTPONE TO SEPTEMBER 12TH SO THAT WE CAN ACTUALLY DISCUSS THIS PROPERLY OF WHAT WAS THAT WITH THAT.

OKAY.

SO ANY OTHER TIPS VICE-CHAIR HAWTHORNE? UH, I ACTUALLY THOUGHT IT WAS A VERY GOOD CASE ON A, ON A, ON A ROAD THAT, THAT DOESN'T, IT ENDS RIGHT THERE, THE PROPERTY.

SO, UH, I'LL MAKE A MOTION TO I'LL SECOND.

YOUR MOTION TO POSTPONE.

IT'S A REALLY INTERESTING DISTRICT I LIVE IN RIGHT THERE.

IT'S REALLY CUTE.

OKAY.

UH, ANY OTHER QUESTIONS OR INFORMATION YOU'D LIKE TO PASS ON TO THE APPLICANT BEFORE WE VOTE ON THIS VIRTUAL MEMBERS? YEAH.

DID YOU STATE YOUR NAME? I APOLOGIZE.

I'M RECORD-KEEPERS RECORD-KEEPERS OKAY.

OKAY.

SO LET'S VOTE ON THIS REAL QUICK.

THIS WILL BE EMOTION, UH, TO POSTPONE ITEM FOUR C 2 0 0 4 6 11 0 1 QUAKER RIDGE DRIVE TO SEPTEMBER 12TH, 2020 TO BROOKE BAILEY.

YES.

JESSICA COHEN.

YES.

MELISSA HAWTHORNE.

YES.

BARBARA MACARTHUR.

YES.

RYAN.

NO.

YES.

DARRYL PRINT.

YES.

AUGUSTINA RODRIGUEZ.

YES.

RICHARD SMITH.

OH, YOU'RE ABSTAINING.

SORRY.

RICHARDSON.

LINDSEY SUBSTAINING AND MARCEL GARZA.

YES.

OKAY.

UH, THIS CASE IS POSTPONE TILL SEPTEMBER 12TH.

WE'LL SEE YOU THEN.

AND ELAINE, SORRY.

I FORGOT TO READ THEM AS A MOTION MADE BY ME, SUCKERED IN BY A VICE-CHAIR HAWTHORNE.

OKAY.

SO FOR EVERYONE ELSE, WHO'S HERE FOR A VARIANCE KEYS.

THAT'S GOING TO BE A 10, 14 AVONDALE ROAD, UH, 5 0 9 EAST 38TH STREET, 2,500 SPRING LANE.

UH, SINCE THERE ARE ONLY NINE OF US, YOU'RE GOING TO HAVE TO CONVINCE EVERY SINGLE BOARD MEMBER TO VOTE IN YOUR FAVOR OR YOUR VARIANCE IS AUTOMATICALLY DENIED BECAUSE IT TAKES A SUPER MAJORITY TO GRANT A VARIANCE.

EVEN IF YOU WOULD LIKE TO POSTPONE TILL THE SEPTEMBER MEETING, WE GENERALLY, OR I SHOULD SAY TRADITIONALLY ARE WILLING TO DO THAT WHEN WE'RE IN SUCH SHORT NUMBER.

SO I GUESS I WOULD ASK, IS THERE ANYONE WHO WOULD LIKE TO POSTPONE OR DO YOU WANT TO TAKE YOU ERIC? GOOD TO SEE YOU.

HI, YOU'RE HERE FOR, UH,

[6. C15-2022-0043 Lisa Gray for Red Door LLC 509 E. 38th Street]

5 0 9 EAST 38TH STREET.

OKAY.

THAT'S ITEM SIX.

ANYBODY ELSE WANT TO POSTPONE OR DOES HE NEED TO REQUEST, UH, YEAH.

UH, STATE YOUR NAME FOR THE RECORD.

MAKE AN OFFICIAL REQUEST.

ERIC GOSS ON BEHALF OF LISA GRAY, UH, FOR C 15 20 22 0 3 4 3.

WE WOULD LIKE TO POSTPONE HAPPY TO ANSWER ANY QUESTIONS, BUT WE'D SEEK THEM OUT POSTPONE UNTIL NEXT MEETING AND QUICKLY FOR YOU.

I HAVE NOTHING FROM THE NEIGHBORS WHERE Y'ALL HAVE SPOKEN WITH THE NEIGHBORS.

WE HAVE SPOKEN WITH THE NEIGHBORS FOR NEXT MONTH, JUST FOR NEXT MONTH WE HAVE.

OKAY.

SO JUST BRING THAT NEXT FOR BACKUP.

OKAY.

WOULD ANY OF THE REST OF Y'ALL LIKE TO POSTPONE, ARE YOU GOING TO TAKE YOUR CHANCES TONIGHT? OKAY.

SO I GUESS, UH, I'LL GO AHEAD AND MAKE THE MOTION TO POSTPONE THIS.

UH, THAT'S ITEM SIX, C 15 20 22 0 0 4 3 2, UH, SEPTEMBER 12TH.

[01:05:03]

DO YOU WANT TO HAVE A SECOND? I'LL SECOND IT, YEAH, STEREO.

THIS IS FINE EITHER WAY.

ALL RIGHT.

BROOKE BAILEY? YES.

JESSICA COHEN.

YES.

MELISSA HAWTHORNE.

YES.

BARBARA MACARTHUR.

YES.

RYAN? NO.

YES.

DARRELL? YES.

AUGUSTINA RODRIGUEZ.

YES.

RICHARD SMITH.

YES.

AND MARCEL GARZA.

YES.

THAT'S UNANIMOUS.

POSTPONED UNTIL SEPTEMBER 12TH.

ALL RIGHT, THEN LET'S GO BACK TO THE BEGINNING.

THIS WILL BE ITEM FOUR, SORRY.

[5. C15-2022-0064 Mark Vornberg for Nickie and Eric Froiland 1014 Avondale Road]

OH, THE FIVE, FIVE, SORRY.

ITEM FIVE, C 15 20 22 0 0 6 4 1 0 1 4 AVONDALE ROAD.

UH, AND I HAVE MARK VORENBERG FOR NIKKI AND ERIC FREELAND.

UH, COME ON UP TO THE PODIUM.

STATE YOUR NAME FOR THE RECORD.

HELLO.

MY NAME IS MARK VORENBERG.

I'M AN ARCHITECT WITH DICK CLARK AND ASSOCIATES.

YOU KNOW HOW TO MAKE PEOPLE NERVOUS WITH THAT WHOLE INTRO THERE? UH, NIKKI AND ERIC FREUD, LENDER, GOOD FRIENDS OF MINE.

AND THEY OWN THE HOUSE AT 10, 14, AVONDALE AND TRAVIS HEIGHTS.

IT'S A VERY UNIQUE PROPERTY AND PRETTY UNIQUE HOUSE BECAUSE OF THAT PROPERTY.

IT'S A VERY SHALLOW LOT AT 54 FEET ON THE RIGHT SIDE AND A LITTLE DEEPER ON THE LEFT, WHERE THE EXISTING HOUSE IS.

IT'S A VERY STEEP LOT.

IT SLOPES 19 FEET FROM THE FRONT, AT THE STREET TO THE BACK OF THE LOT.

THIS FORCED THE EXISTING HOUSE TO BE 12 FEET, THREE INCHES FROM THE RIGHT OF WAY, THE ORIGINAL HOUSE WAS BUILT IN 1947.

WITH A LATER ADDITION BEING CARVED IN BEHIND THE ORIGINAL HOUSE, SEVERAL FEET ABOVE THAT LEVEL.

IT'S NOW A SPLIT LEVEL DUE TO THAT GRADE CHANGE WITH THE LIVING ROOM, APPROXIMATELY NINE FEET ABOVE THE STREET ELEVATION.

UH, NEXT SLIDE.

NEXT SLIDE, PLEASE.

THERE ARE GREAT TREES THAT MAKE UP THE CHARACTER OF THE STREET AND OUR LOT IN PARTICULAR, AND MANY OF THESE TREES ARE PLANTED IN THE RIGHT OF WAY.

AS YOU CAN SEE HERE WE ARE THE HOUSE ON THE LEFT.

UH, JUST PASS THOSE TWO BIG TREES AND WE HAVE THREE ADDITIONAL TREES ACROSS THE FRONT AND OUR RIGHT OF WAY.

NEXT SLIDE, PLEASE.

THIS SLIDE SHOWS OUR HOUSE 12 FOOT THREE INCHES FROM THE PROPERTY LINE.

AND THE NEIGHBOR ON THE OTHER SIDE OF OUR PROPOSED CARPORT IS 12 FEET, SIX INCHES FROM THE PROPERTY LINE.

NEXT SLIDE.

MOST HOUSES ON THE STREET HAVE EITHER A CARPORT OR A GARAGE.

SO WE'RE ASKING FOR A VARIANCE TO BUILD OUR CARPORT BETWEEN 10 14 AVONDALE, WHICH IS OUR HOUSE AND 10 16 AVONDALE, WHICH ARE BOTH CLOSER TO THE STREET DUE TO THESE ISSUES.

THIS IS APPROPRIATE BECAUSE WE HAVE A VERY SHALLOW LOT THAT IS EXTREMELY STEEP AND TO PROTECT THE EXISTING TREES.

WE ARE GOING TO REUSE THE EXISTING CURB CUT IN ORDER TO PROTECT THE TREES ACROSS THE FRONT OF OUR LOT.

THE NEIGHBOR AT 10 16 AVONDALE RECENTLY HAD TO COME BEFORE THE BOARD TWICE FOR VARIANCES TO ADD ONTO THEIR EXISTING HOUSE, DID THE SIMILAR LOT ISSUE.

AND THERE ARE A LOT IS NOWHERE NEAR AS STEEP AS OURS.

HERE'S OUR EXISTING SITE PLAN.

NEXT SLIDE PLEASE.

SO THE RED THERE IS WHERE WE'RE PROPOSING TO PUT THE CAR PORT, WHICH IS ESSENTIALLY A LITTLE FURTHER THAN OUR EXISTING DRIVEWAY.

THE CURRENT DRIVEWAY IS JUST DEEP ENOUGH THAT YOU CAN LITERALLY GET THE BACK OF THE CAR ONTO OUR LOT.

AND IT'S A FAIRLY STEEP DRIVEWAY FOR BEING 18 FEET LONG.

NEXT SLIDE.

HERE'S OUR PROPOSED SITE PLAN SHOWING THE NEW CARPORT OFF THE EXISTING DRIVEWAY.

IF WE WERE TO PUSH THE CAR PORT BACK TO THE 25 FOOT SETBACK, NEXT SLIDE, PLEASE WE'D BE COMPLETELY BURYING IT.

SO THAT RED X IS SHOWING WHERE IF WE SLID IT BACK AN ADDITIONAL 13 FEET, WE WOULD BE COMPLETELY BURIED.

IT WOULD BE FULL ON BATCAVE

[01:10:01]

BURIED, AND EVEN THE DRIVEWAY WOULD HAVE STEEP ROCK WALLS TO GET INTO THAT.

THIS WOULD FURTHER CAUSE US TO HAVE TO REDO THE EXISTING RETAINING WALLS AND FOUNTAIN AT THE BACK OF THE PATIO AREA.

SO CURRENTLY WHERE THOSE DOUBLE DOORS ARE, THERE IS AN ADDITIONAL, UH, RETAINING WALL WITH A FOUNTAIN THERE THAT PROTECTS THE NEIGHBOR'S YARD ABOVE US FROM FALLING INTO OURS.

THOSE SAME NEIGHBORS ABOVE US, HAVE A BACKYARD POOL, FAIRLY CLOSE TO THE PROPERTY LINE.

UH, NEXT SLIDE.

SO THIS IS AGAIN OUR EXISTING STREET VIEW.

IF YOU GO TO THE NEXT SLIDE AND HERE'S WHAT WE'RE PROPOSING AS OUR CARPORT WITH A DECK ON TOP OF IT, WE WANT TO UTILIZE OUR IMPERVIOUS COVER EFFICIENTLY AND MAKE THE ROOF OF THE CAR PORT INTO A PARTIALLY COVERED PATIO.

THIS HELPS US ACTUALLY REDUCE THE OVERALL IMPERVIOUS COVER ON OUR SITE WITH THIS PROPOSED CARPORT BECAUSE WE ARE DOUBLE USING THE CARPORT AREA.

NEXT SLIDE PLEASE.

OKAY.

SO WE TALKED ABOUT OUR HARDSHIP, UH, BEING THE EXTREME GRADE CHANGE AND THE VERY SHALLOW LOT.

UM, WE'RE ASKING FOR PERMISSION TO BUILD OUR CAR PORT TO ALIGN WITH THE FRONT OF THE EXISTING HOUSE.

WE'RE NOT ASKING FOR ADDITIONAL FAR OR SQUARE FOOTAGE OR IMPERVIOUS COVER OR HEIGHT.

UH, WE'RE NOT ASKING FOR THE REAR OR THE SIDE SETBACKS.

UH, NO TREES ARE IMPACTED AND WE'RE NOT DOING A NEW DRIVEWAY CURB CUT.

THANK YOU FOR YOUR TIME.

THANK YOU.

IS THERE ANY OPPOSITION? WE DO ONE MORE.

NO OPPOSITION.

SORRY.

I WISH YOU WOULD HAVE TOLD ME THAT BEFORE OR WAIT, IS IT A PHONE SPEAKER? NO.

DID THEY SIGN UP TO SPEAK? YES.

WHERE DO I GO ON THIS? DON'T I HAVE TO GIVE THEM FIVE MINUTES EACH.

THERE'S NO OPPOSITION.

I BELIEVE SHE SIGNED UP UNDER NIKKI FOR WOODLAND.

HOW MUCH? LET'S DO FIVE MINUTES, TOTAL TWO, AND THEN ALL OF A SUDDEN WITH OPPOSITION.

OKAY.

YEAH.

UH, COME ON UP TO THE PODIUM.

UH, STATE YOUR NAME FOR THE RECORD.

WELL, TWO MINUTES BE ENOUGH TIME FOR YOU.

AND THEN I'LL GRANT TWO MINUTES TIME TO THE OPPOSITION.

DO WHICH THERE APPEARS TO BE NONE.

I THINK TWO MINUTES IS GOING TO BE ENOUGH TIME.

HELLO.

MY NAME IS NIKKI FOR IRELAND.

UH, SO WE MOVED TO AUSTIN IN 2000.

I HAVE TO THINK OF THIS BECAUSE WE FELL IN LOVE WITH AUSTIN IN 2014 AND STARTED DECIDED ON OUR FLIGHT HOME THAT WE WERE GOING TO CHANGE OUR LIFE AND LIVE HERE.

AND IT'S THE BEST DECISION WE'VE EVER MADE.

NOTHING IN OUR WHOLE LIFE HAS EVER FELT LIKE HOME EXCEPT AUSTIN, TEXAS.

AND WE CAN SAY THAT BECAUSE WE'VE BEEN TOGETHER SINCE WE WERE 17 YEARS OLD.

UH, SO WE CAME TO AUSTIN AND WE'RE LOOKING FOR HOUSES AND, YOU KNOW, WE STAY IN DIFFERENT NEIGHBORHOODS TO FIGURE OUT WHERE WE'RE GOING TO LIVE.

AND WE PICKED THE TWO NEIGHBORHOODS, TRAVIS HEIGHTS AND BOLDEN, AND I FIND THIS HOUSE AND I THOUGHT, OH MY GOSH, I WANT TO LIVE THERE.

AND THE HOUSE WE LIVE IN, BUT IT WAS WAY OUTSIDE OF OUR PRICE RANGE.

SO FORTUNATELY FOR US, THAT, THAT CAME DOWN AND WE WERE ABLE TO MOVE IN.

WE MOVED IN IN 2015 IN MAY AND, UH, IT'S A BEAUTIFUL, LOVELY, WONDERFUL HOME.

AND WE ARE ENJOYING EVERY MOMENT OF IT.

SO I THINK WHAT YOU MIGHT WANT TO KNOW IS THE REASON WE WANT TO GO FORWARD WITH THIS PLAN, UH, IS BECAUSE WE WANT TO STAY IN OUR HOME AND WE WANT TO MAXIMIZE THE OPPORTUNITIES THAT ARE, OUR SPACE CAN AFFORD US AND, AND FINISH IT.

SO THE HOUSE WAS BUILT IN 1947, LIKE MARK SAID, IT UNDERWENT A MASSIVE RENOVATION.

THAT'S WHEN WE GOT TO ENTER THE PICTURE.

AND, UH, WE DECIDED BECAUSE WE UNDERSTOOD THE PROCESS.

AND, AND SO WE WENT AND TALKED TO ALL OF OUR NEIGHBORS.

THANK, THANK YOU FOR THAT, BECAUSE IT WAS REALLY INTERESTING TO GO AND TALK TO OUR NEIGHBORS AND EVERY SINGLE PERSON IN OUR NEIGHBORHOOD SUPPORTED US.

AND I THINK YOU HAVE, UH, COPIES OF THE SIGNATURES THAT THEY'VE PROVIDED.

UH, AND SO WE'RE VERY HAPPY ABOUT THAT.

WE ALSO CALLED THE

[01:15:01]

NEIGHBORHOOD.

CAN I FINISH MY SENTENCE? OF COURSE, WE ALSO CALLED OUR NEIGHBORHOOD, UH, GROUP AND THEY CALLED US AND LET US KNOW THAT THEY WERE VERY HAPPY TO HEAR ABOUT OUR PROJECT.

THEY READ THROUGH THE PLANS.

THEY SAID, WE DON'T THINK YOU NEED ANY FORMAL SIGNATURE FROM US.

AND WE DO NOT PLAN TO OPPOSE SUPER OKAY.

UH, EXTENDING TWO MINUTES, 17 SECONDS TO ANY OPPOSITION? NOPE.

OKAY.

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

AND WE'LL START WITH, UH, QUESTIONS FROM BOARD MEMBERS, BOARD MEMBER.

NO.

OKAY.

SO MY FIRST QUESTIONS ARE RELATED TO THE GRADE AND I'VE DRIVEN THROUGH THAT NEIGHBORHOOD AND IT IS A VERY HILLY NEIGHBORHOOD.

UM, I'M JUST WONDERING, LIKE, CAN YOU SPEAK MORE TO THE GRADE HERE VERSUS THE GRADE OF OTHER HOUSES? CAUSE I HAVE A HARD TIME SEEING THAT THIS IS THIS GREAT IS UNIQUE TO THIS HOUSE.

I BELIEVE THE FIFTH SLIDE, WHICH IS THE EXISTING SITE PLAN, HAS THE TOPOGRAPHY SHOWN REAL LIGHTLY WITH ELEVATION MARKS ON IT.

WE PULL THAT UP.

BACK ONE.

THERE WE GO.

SO YOU CAN SEE THERE AT THE BACK PROPERTY LINE.

UH, I THINK IT'S PRETTY BOLD ACTUALLY ON THIS VERSION COMPARED TO MINE, UH, HAS ONE 19 AT THE BACK.

AND THAT WAS BASED ON THE DRIVEWAY WHERE IT MEETS THE STREET BEING 100.

SO FROM THE STREET, YOU CAN SEE THAT THE HOUSE ITSELF IS ABOUT NINE FEET, BUT THE BACK OF THE HOUSE HAS A STRAIGHT UP RETAINING WALL, UH, THAT HAS A FOUNTAIN IN FRONT OF IT.

THAT GETS US TO LIKE ONE 15 AND THEN IT'S STILL STEEP FROM THERE TO GET TO THE HOUSE BEHIND US.

SO THE, IF YOU GO FORWARD TWO MORE, YOU CAN GET THE BUILDING SECTION.

I BELIEVE THAT ANSWER YOUR QUESTION.

SO, UM, I'M TRYING TO GO THE HARDSHIPS.

SO, SO I I'M REALLY LOOKING FOR EVIDENCE THAT THERE ARE MANY OTHER HOUSES THAT SHARE A SIMILAR GRADING PROBLEM BECAUSE IT'S A HILLY NEIGHBORHOOD.

I DON'T THINK IT'S A SHARED ISSUE BECAUSE ONCE YOU GET TO THE NEXT HOUSE DOWN, IT'S MUCH FLATTER AND THEY CAN GET 25 FEET FROM THE STREET.

WHEREAS WE CANNOT, WE HAVE TO DIG IN SOLID ROCK TO GET FURTHER BACK.

IF I COULD JUMP IN REAL QUICK, UM, BOARD MEMBER, ALL NEW BOARD MEMBER.

NO, I DON'T FIVE NINE IS A TOPOGRAPHICAL MAP AND YOU CAN SEE THAT THEY'RE GOING FROM THE FIVE, THEY'RE THE ONLY HOUSE, AT LEAST WITHIN THIS MAP THAT I SEE THAT GOES FROM FIVE 20, ALMOST TO 500.

IT'S LIKE 19.

AND IT LOOKS LIKE MAYBE YOU HAVE LIKE 19 AND A HALF-ISH FOOT LIKE DROP IN SLOPE.

YEAH.

CAN I GUESS, CAN YOU BRING THEM THE MAP UP THE ONE WITH THE, YOU KNOW, IT'S GOT THE COLOR CODING FOR THE CARPORTS AND THE GARAGES? I THINK THAT'S PROBABLY THE SLIDE THAT NEEDS TO BE UP.

YEAH, THAT ONE SO I THINK OURS IS ACTUALLY FAIR, FAIRLY UNIQUE THAT WE HAD TO CARVE IN.

OKAY.

THE, THE OTHER QUESTION I HAD ARE THERE EXAMPLES OF DETACHED CAR PORTS FROM THE HOME IN THE NEIGHBORHOOD, BECAUSE ALL OF THE EXAMPLES YOU HAVE ARE ATTACHED.

UM, IF YOU LOOK AT THE FOURTH PAGE, UH, THAT ONE AT THE TOP, IT SHOWS DIFFERENT CARPORTS AND GARAGES.

UM, I THINK MOST OF THESE ARE ATTACHED.

OURS IS NOT ATTACHED FROM THE HOUSE BECAUSE THE HOUSE IS SO MUCH HIGHER.

WE ACTUALLY WALK OUT OF THE HOUSE AND WE'RE ON TOP OF OUR CAR PORT UH, QUICK QUESTION FROM ME, IF YOU DON'T MIND, UH, HAVE YOU SPOKEN TO THE NEIGHBOR THAT'S GOING TO BE DIRECTLY ADJACENT TO THE CAR PORT? I THINK THAT WOULD BE A NICKY QUESTION.

I'M SURE THE ANSWER IS YES.

I WASN'T SURE WHERE I SHOULD GO AFTER

[01:20:01]

I TALKED.

UH, YES, WE CERTAINLY, THERE WERE THE FIRST PEOPLE WE CALLED, EVEN AS WE WERE INVESTIGATING DOING THIS AND WHAT IT WOULD LOOK LIKE, AND THEY'VE BEEN VERY SUPPORTIVE.

ALSO.

I NOTICED, UH, A BIG STEEL BOX IN THE FRONT.

UH, IS THAT Y'ALL'S OR IS THAT GARAGE? OH, OKAY.

IT'S A FREESTANDING RATEABLE BOX.

IS IT SOMETHING AUSTIN? ENERGY DAY.

OKAY.

NOPE.

OKAY.

AND ANSWERS MY QUESTIONS.

THANKS.

ANYBODY ELSE? UH, FROM THE VIRTUAL MEMBERS, UH, VICE-CHAIR HAWTHORNE, I THINK TO MAKE A MOTION FOR APPROVAL.

I'LL SECOND.

OKAY.

WE HAVE A MOTION TO APPROVE MADE BY VICE CHAIR, HAWTHORNE SECONDARY BY BOARD MEMBER BAILEY.

ANY DISCUSSION? I HAVE ONE MORE THING I'D LIKE TO SAY OR REMEMBER.

NO.

SO I THINK I WAS GOING TO VOTE NO, ON THIS UNTIL YOU SAID THAT WAS A BIKE GARAGE.

SO I'LL JUST PUT IT OUT THERE.

LIKE, I DON'T THINK COVERING YOUR CARS IS A REAL HARDSHIP.

LIKE I JUST DON'T UM, I LIKED THE DESIGN.

I THINK Y'ALL ARE DOING SOMETHING COOL.

I LIKE THE ROOFTOP CARPORT PATIO.

UM, BUT I REALLY DO NOT LIKE SUPPORTING MORE CAR INFRASTRUCTURE.

THERE'S LIKE MORE SPACE FOR CARS THAN HUMANS IN OUR COUNTRY.

UM, SO I WAS COMING IN HERE THINKING I WOULD VOTE.

NO, BUT I'M ACTUALLY GONNA VOTE.

YES.

SO THANK YOU.

YOU'RE WELCOME.

AND I, AND I UNDERSTAND WHY YOU'RE SAYING THAT BECAUSE A LOT OF TIMES I FEEL THE SAME WAY, BUT THEY DO HAVE A LOT OF ISSUES WITH THE SLOPE AND WITH THE TREES AND WITH THAT NEIGHBORHOOD, I DON'T HAVE A CAR PORT.

MY, MY CAR IS PARKED OUT IN THE OPEN.

SO, YOU KNOW, I USUALLY AM NOT, BUT I DO THINK YOU HAVE HARDSHIPS ON THIS PROPERTY AND YOU'RE NOT, YOU'RE NOT INCREASING YOUR IMPERVIOUS AND YOU'RE NOT COMING ANY MORE FORWARD THAN THE HOUSES.

IF YOU WOULD HAVE BEEN MORE, IF YOU WOULD HAVE BEEN FORWARDED THE HOUSE, I WOULD HAVE HAD AN ISSUE, BUT BECAUSE YOU'RE STAYING IN LINE WITH THE FRONT OF THE HOUSE, UM, YOU'RE NOT GOING TO BE STICKING OUT AS MUCH.

AND ALSO THE LOT CONFIGURATION IS KIND OF ROUGH AND ACTUALLY THEY'RE TAKING UP IMPERVIOUS COVER IN ORDER TO FIT THE CAR PORT IN.

SO, UH, IS EVERYBODY OKAY WITH BEING, DOING, FINDING SAM? UH, NO BOARD MEMBER PRO DID YOU HAVE SOMETHING THERE? YEAH.

ALL JUST WANTED TO POINT OUT THAT I THINK THAT THE ACTUAL EVIDENCE FOR US WHILE I, I MEAN, IT LOOKS LIKE A GREAT PROJECT.

I JUST DON'T THINK IT SUPPORTS WHAT THE APPLICANT IS SAYING.

AND I'M LOOKING AT THE SITE PLAN AND THERE'S SOME TOPO LINES, BUT ACTUALLY THE, THERE THERE'S, THERE'S NO TOPO LINES SHOWING WHAT THE, UH, WHAT THE SLOPE IS, WHERE THAT EXISTING STONE PATIO IS, WHICH IS WHERE THIS PROPOSED CAR PORT WOULD NEED TO BE, UH, BUILT IF THEY DID NOT GET THE VARIANCE.

AND SO TO ME, IF YOU JUST LOOK AT IT, IT LOOKS LIKE THEY'RE PROPOSING TO BUILD THE CAR PORT ON SOMETHING THAT IS SLOPING.

WHEN IF THEY MOVED TO BACKWARD, NEEDS TO BE WITHOUT A VARIANCE, THEY COULD BUILD IT ON SOMETHING THAT DOES NOT HAVE ANY SLOPE, OR THEY HAVE NOT SHOWN THAT THERE'S ANY SLOPE THERE LOAVES FROM, I DUNNO, 1 0 7 TO MAYBE ONE 10 OR SO.

AND SO, AS I SAID, WHILE I THINK IT'S A GOOD PROJECT, I JUST DON'T THINK THAT WHAT WE'VE BEEN PRESENTED WITH IS SUFFICIENT EVIDENCE TO SUPPORT THE BARRIERS.

SO, UH, SO WHEN YOU LOOK AT THE PRESENTATION BOARD MEMBER PRUDE ON, ON PAGE SEVEN, THERE'S A SLOPE CUT THROUGH THERE.

IS IT JUST THAT IT'S NOT, UH, DEFINED BY, UH, THE TYPICAL TIP OF GRAPHIC LINES? BECAUSE IF I LOOK ON PAGE SIX, IF THAT 1 0 9 AND THE BACK IS THAT ONE 19, SO THERE'S A 10 FOOT DIFFERENCE.

WELL, IT'S, IT'S THAT, THAT REAR PATIO REAR PATIO IS GOING TO BE BUILT ON EITHER LAND THAT IS SLOPING OR NOT SLOPING.

RIGHT.

AND IF YOU LOOK ON PAGE SEVEN, IT JUST SHOWS THE REAR PATIO RIGHT THERE ABOVE WHERE THEY'RE CLAIMING THE CAR PORT WOULD NEED TO BE.

ALTHOUGH

[01:25:02]

THE REAR CAR PORT WOULDN'T BE UNDERGROUND, IT WOULD BE ON TOP OF THE GROUND.

SO I'M JUST, I JUST DON'T, I JUST DON'T SEE HOW IT'S REQUIRED THAT YOU MOVE THE CARPORT UPS SO FAR, GIVEN THE EVIDENCE THAT THEY'VE GIVEN US ABOUT WHAT THAT BACK AREA OF THAT LOT LOOKS LIKE, AND WHETHER THEY COULD PUT A CARPORT THERE.

THAT'S THE CONCERN THAT I HAVE.

OKAY.

I'M GOING TO GO AHEAD AND DO THE FINDINGS AND, WELL, I MEAN, WE'RE, WE'RE AT NINE, SO I'D RATHER TAKE THE OPPORTUNITY TO DISCUSS IT A LITTLE LONGER BECAUSE I'M LOOKING AT THAT SCENE.

MY WONDERFUL FINDINGS WOULD CONVINCE BOARD MEMBER PRUITT, BUT THESE GUYS SUPPLY, I JUST, I'M LOOKING AT THAT SAME SCHEMATIC AND I'M THINKING HOW MUCH EXCAVATION IS GOING TO HAVE TO BE DONE TO MOVE THAT CAR PORT BACK.

AND ISN'T THAT RETAINING WALL FOR THE PROPERTY, JUST ABOVE IT, LIKE RIGHT THERE.

HOW WOULD THEY EVEN SHORE THAT UP? I MEAN, I'M NOT A CONSTRUCTION OR AN ARCHITECT, BUT IT'S KIND OF A CLARIFICATION THAT MAYBE YOU GUYS CAN HELP WITH TO HELP THIS.

SO AS IT IS, YOU'RE PUTTING IT PRETTY FAR BELOW YOUR PATIO SO THAT WHEN YOU WALK OUT OF THE HOUSE, YOU'RE GOING TO BE, IT'S ALREADY GOING TO BE LEVEL WITH THE TOP OF THE CAR PORT, CORRECT? THAT IS CORRECT.

LIKE THERE'S NO STEPS UP TO THAT TOP OF THAT CARPORT.

CORRECT.

AND I DON'T THINK WE COULD GET A CAR TO DRIVE ALL THE WAY UP TO THAT LEVEL, THAT STEEPLY, I DON'T THINK THAT'S AN OPTION.

WELL, I'M JUST TRYING TO KIND OF GIVE THEM A BETTER VISUAL ABOUT HOW STEEP THAT SLOPE IS ON YOUR PROPERTY.

THAT WHEN YOU WALK OUT OF YOUR FRONT DOOR, IT'S NOT LIKE YOU'RE GONNA WALK UP TO THE TOP OF THIS CAR PORT WHERE THE DECK IS, IT'S GOING TO BE EVEN.

SO THIS IS ALREADY GOING TO BE, THERE'S GOING TO BE EXCAVATION.

THAT'S GOING TO HAVE TO HAPPEN FOR IT TO GET IT WHERE IT IS VERY SIGNIFICANT.

OKAY.

OKAY.

I DON'T KNOW IF THAT HELPS YOU DO WELL.

I MEAN, I'M JUST, I'M JUST, I'M STILL TRYING TO FIGURE THIS OUT ON PAGE NINE OF THE PRESENTATION.

YOU SEE WHAT'S EXISTING OUT THERE RIGHT NOW, AND YOU SEE THAT THERE'S THIS BIG FLAT AREA AT THE END OF THE DRIVEWAY AND, YOU KNOW, ARE THEY, AND THEN YOU SEE THE RETAINING WALL IN THE BACK.

SO THE, THE, THE PROPOSED STRUCTURE IS GONNA BE RIGHT THERE, LIKE THREE, THREE FEET ON TOP OF THE, IT'S JUST IT'S I, I'M NOT, I'M NOT SEEING EXACTLY WHERE THIS IS GOING TO BE OR WHY THIS NEEDS TO BE PULLED SO FAR TO THE FRONT OF THE LOT.

COULD YOU PULL UP THE PRESENTATION PAGE NINE, PLEASE? COULD ONE OF Y'ALL MAYBE ELABORATE A LITTLE BIT, UH, THIS PICTURE, SO, OKAY.

OR EVEN THE SIDE ONE WHERE YOU SHOW WHERE IT IS AND WHERE IT COULD BE THE DRAWING SOCIAL CUT INTO IN THIS PICTURE.

AND I'LL JUST POINT SOMETHING OUT.

SEE THE RED CHAIRS UP THERE.

THOSE ARE ACTUALLY AT THE LEVEL OF WHERE THE CARPORT TOP IS GOING TO BE.

AND THAT'S LEVEL WITH THE INTERIOR.

OUR HOUSE IS ON TWO DIFFERENT LEVELS.

IT HAS A LOWER, WHICH IS UP FRONT.

AND THEN, BECAUSE THE ORIGINAL HOUSE WAS MUCH SMALLER.

IT'S LIKE FOUR FEET UP TO GET TO THE LIVING ROOM.

AND THE LIVING ROOM GOES STRAIGHT OUT TO THAT PATIO WHERE THOSE CHAIRS ARE NOW.

SO WE HAVE A STEEP DRIVEWAY, WE HAVE A RETAINING WALL, THEN IT'S FLAT, AND THEN ANOTHER RETAINING WALL THAT HAS THE SHRUBS IN FRONT OF IT.

AND THEN IT'S FLAT AGAIN, IF YOU CUT RIGHT THROUGH WHERE THE CHAIRS ARE.

OH, SORRY.

QUICK QUESTION.

THAT, THAT SPOT THERE, THAT WE'RE LOOKING AT RIGHT IN FRONT OF THE CHAIRS, THAT'S A, A, ANOTHER RETAINING WALL.

THAT'S ANOTHER RETAINING WALLS AND STEPS UP TO IT.

OH, OKAY.

OKAY.

YEAH, LIKE IT, IT MIGHT BE WORTH ADDING THAT WE BEGAN WORKING ON THIS PROJECT ALMOST TWO YEARS AGO AND WE LOOKED AT NOT ASKING FOR THIS VARIANCE.

AND WE, WE LOOKED AT HOW TO DIG IN AND WHILE IT CAN BE DONE, IT, IT ALSO THAT RETAINING WALL THAT, THAT YOU APPROPRIATELY REFERRED TO IN THE VERY BACK WHERE WE HAVE OUR FOUNTAIN, IT BEGINS IF I UNDERSTAND WHAT MARK WAS EXPLAINING TO US, RIGHT.

AT THAT TIME, IT BEGINS TO COMPROMISE THAT.

AND JUST STRUCTURALLY IT'S INCREDIBLY DIFFICULT.

SO IT'S, YOU'RE LOOKING AT THE, THE FIRST GRADE, WHICH IS NOT FLAT AT ALL, WHERE YOU DRIVE IN AND THEN YOU GRADE UP AGAIN, WHERE THERE, YOU CAN SEE THE SPOT FOR TWO CARS, AND THEN YOU GRADE UP AGAIN WHERE THE RETAINING WALL IS.

AND THEN FINALLY A FOURTH TIME.

[01:30:01]

WELL, THAT'S, THAT'S, THAT'S KINDA MY POINT.

IF YOU LOOK AT PAGE SIX, THE PRESENTATION YOU'RE PROPOSING TO PUT THE CARPORT, YOU SEE THOSE TOPOGRAPHIC LINES ARE RIGHT IN THE MIDDLE OF THE CAR PORT, AND THERE'S BEEN THE ADDITIONAL TOPOGRAPHIC LINES AT THE BACK OF THE CARPORT.

SO YOU'RE PROPOSING TO PUT THIS CARPORT RIGHT ON TOP OF THOSE TWO STEP-UPS AS YOU CALL THEM IS ONE IS WHAT I UNDERSTAND FROM THESE PLANS IS THAT RIGHT? YEAH.

WE'RE CUTTING IN THROUGH THE FIRST TERRACE AND BUTTING UP AGAINST THE SECOND TERRACE.

OKAY.

ON THAT.

STAIR-STEP.

AND SO, AS I UNDERSTAND YOUR TESTIMONY, IT WOULD BE STRUCTURALLY UNSOUND TO MOVE THIS CAR PORT FURTHER BACK ON YOUR LOT THAT RIGHT.

THAT, THAT IS WHAT I UNDERSTOOD WHEN WE WERE INVESTIGATING THIS PROCESS.

WELL, KEY.

ARE THERE ANY OTHER QUESTIONS, COMMENTS, SORRY, ONE SEC.

VIRTUAL BOARD MEMBERS THAT CAN DO, I CAN GET THE VIRTUAL BOARD MEMBERS BACK FROM HER JUST TO SEE A BOARD MEMBER MACARTHUR.

HI.

I JUST WANTED TO SAY, I LOOKED AT THIS PROPERTY FROM THE STREET VIEW ON GOOGLE, AND IT APPEARS DARYL TO BE A VERY DIFFERENT PROPERTY THAN WHAT'S IN THEIR HANDOUT, BECAUSE I THINK, YOU KNOW, WHEN YOU DO THE FISH ISLAND ENDS TO MAKE THE YARD LOOK REALLY BIG, YOU THINK THERE'S PLENTY OF ROOM, BUT ON THE THING IT'S, THE FRONT OF THE BUILDING IS ONLY 12.3 FEET FROM THE RIGHT OF WAY.

AND SO WHEN YOU LOOK AT THIS PICTURE, UM, IN THEIR PRESENTATION, IT LOOKS LIKE THERE'S A WHOLE LOT MORE ROOM.

AND WHEN YOU LOOK AT IT FROM A STREET VIEW, YOU CAN SEE THAT THERE'S NO, NOT, NOT A LOT OF ROOM.

AND I WOULD THINK THERE'S A REAL HARDSHIP THAT THIS IS AN OLD STRUCTURE THAT WAS BUILT ITSELF, VERY CLOSE TO THE STREET ON A DUGOUT LAND.

BUT BY ALL MEANS, WE'RE NOT TRYING TO PERSUADE YOU OR CONVINCE YOU, JUST SHOWING YOU WHAT WE SEE A VICE-CHAIR HOTLINE.

AND I SAW YOUR HAND.

I WAS JUST, UM, CAN THEN DO FINDINGS IF THAT'S ACCEPTABLE.

UH, I THINK WE ARE THERE, UH, UH, SO THIS IS A MOTION TO APPROVE MADE BY VICE-CHAIR HAWTHORNE WHO STUCK IN, IN THAT, UH, BOARD MEMBER BAILEY.

OKAY.

UH, GO AHEAD AND FINDINGS PLEASE.

REASONABLE USE THE ZONING REP REP REGULATIONS APPLICABLE TO THE PROPERTY, DO NOT ALLOW FOR A REASONABLE USE AS THE LOT.

CONFIGURATION IS SOMEWHAT TURN FROM WHAT YOU WOULD SEE IN A TRADITIONAL LOT CONFIGURATION ALONG WITH THE EXISTING TOPOGRAPHY.

AND THE ACTUAL DEPTH OF THE LOT IS VERY SHALLOW WITH THAT TYPOGRAPHY AND THAT EXISTING HOME BEING AS CLOSE AS IT IS AT 12.3 FEET AS A SETBACK WITH THE ELEVATION CHANGE JUST MAKES IT INCREDIBLY DIFFICULT.

UM, IF YOU LOOKED AT IT IN TERMS OF SETBACK, AVERAGING WITH THE NEIGHBORS, THIS IS PRETTY MUCH IN ALIGNMENT WAS SET THAT SET BACK AVERAGING OTHER THAN YOU CAN'T INCLUDE YOURSELF AND SET BACK AVERAGING, BUT BEING THAT YOU'RE GOING IN NEXT TO THAT HOUSE.

UH, SO THAT WOULD BE ONE REASON WHY STAFF WOULD, UH, SEND THEM FOR A VARIANCE.

THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY AS IT'S A VERY IRREGULAR LOT SHAPE, UH, ALONG WITH THE TOPOGRAPHY AND THE, IT JUST THAT THAT DEPTH IS, IS PRETTY TOUGH.

AND BEING THAT THE HOUSE HAS REMAINED, UM, IS PRETTY IMPRESSIVE CONSIDERING THE AMOUNT OF TEAR DOWNS OF MY NEIGHBORHOOD.

UM, I, UH, AM SUPPORTIVE OF TRYING TO FIGURE OUT HOW TO BE ADAPTIVE.

UH, THE HARDSHIP IS NOT GENERAL AREA IN WHICH THE PROPERTY IS LOCATED AS THIS IS THE STEEPEST, UH, ALARM, THIS PARTICULAR STRETCH, UH, AVONDALE.

AND THERE'S THIS THE ONLY PROPERTY THAT HAS NEARLY A 20 FOOT DEPTH, UH, GRADE CHANGE FROM FRONT TO BACK, THE BRANDS WILL NOT ALTER THE CHARACTER, THE AREA JASON, THE PROPERTY WILL NOT IMPAIR THE USE OF THE JASON CONFORMING PROPERTY WILL NOT APPEAR THE PURPOSE OF REGULATIONS OF THE ZONING DISTRICT.

[01:35:01]

AS MOST STRUCTURES ON EVANDALE HAVE EITHER A GARAGE OR A CARPORT.

THE, THERE IS A, UM, TAKING OUT OF IMPERVIOUS COVER AND, UH, REDOING AN ORDER TO NOT INCREASE IMPERVIOUS COVER ON, ON THE PROPERTY.

AND THE CARPORT IS PROPOSED IN THE SAME LOCATION AS THE CURRENT DRIVEWAY, UH, IN ALIGNMENT WITH THE SAME FRONT SETBACK AS THE HOUSE, THE N AGAIN FOR POSTERITY, THIS IS A MOTION TO APPROVE MADE BY VICE-CHAIR HAWTHORNE'S EXECUTIVE BY A BOARD MEMBER BAILEY LET'S CALL THE VOTE.

BROOKE BAILEY.

YES.

JESSICA COHEN.

YES.

MELISSA HAWTHORNE.

YES.

BARBARA MACARTHUR.

YEAH.

RYAN.

WELL, YES.

GERALD PRET.

YES.

AUGUSTINA RODRIGUEZ.

YES.

RICHARD SMITH.

YES.

AND MARCEL GARZA.

YES.

OKAY.

CONGRATULATIONS.

IT WAS CLOSE, BUT YOUR VARIANCE WAS APPROVED AND YOUR BRAIN'S HAS BEEN GRANTED.

I CAN STOP SHAKING NOW.

THANK YOU.

THANK YOU.

GREAT.

MOVING ON.

WE'RE GOING TO GO TO ITEM

[7. C15-2022-0048 Rodney Bennett for Diana and William Patterson 2500 Spring Lane]

SEVEN.

I'M SIX FOOT HONED.

THIS IS GOING TO BE C 15 20 22 0 0 4 8 2500 SPRING LANE.

UH, RODNEY BENNETT FOR DIANA AND WILLIAM PATTERSON.

I GOT TO OFFER UP THAT POSTPONEMENT.

ONE MORE TIME GUYS.

AGAIN, ALL IT TAKES IS ONE VOTE OKAY.

UH, YOUR PRESENTATION'S UP, PLEASE STATE YOUR NAME FOR THE RECORD AND YOU WILL HAVE FIVE MINUTES.

GOOD EVENING.

MADAM CHAIRMAN, WOMEN AND BOARD MEMBERS.

MY NAME IS RODNEY BENNETT.

I'M HERE TONIGHT ON BEHALF OF THE PETERSON FAMILY, TO SPEAK TO YOU IN REGARDS FOR A VARIANCE REQUEST AT 2,500 SPRING LANE, IN ORDER TO CONSTRUCT A 10 FOOT MASONRY FENCE ALONG A PORTION OF SPRING LANE ON JULY 11TH, I POSTPONE THIS CASE IN ORDER TO MEET WITH WANG NEIGHBORHOOD GROUP.

AT THIS MEETING, WE RECEIVED A VOTE OF NO OPPOSITION.

AS YOU MAY KNOW, WEIGHING EITHER OPPOSES OR GIVES A LETTER OF NO OPPOSITION FOR BOARD OF ADJUSTMENT CASES IN THEIR NEIGHBORHOOD.

FURTHERMORE, WE HAVE TWO LETTERS IN SUPPORT OF OUR REQUEST.

THIS HEIGHT INCREASE IS NEEDED BECAUSE WITH THE EXISTING EIGHT FOOT FENCE, THIS BOARD APPROVED, THERE'S STILL A GREAT AMOUNT OF NOISE SITE AND ALL THE FACTORY POLLUTION FROM THE INCREASED AMOUNT OF DELIVERY TRUCKS FROM THE POST OFFICE AND THE GROCERY STORE, THE SMALL SECTION OF STREET IS THE ONLY THAT HAS TO DEAL WITH THE, IS THE ONLY PORTION THAT HAS TO DO WITH THE MINI COMMERCIAL BUILDINGS FACING IT.

THERE ARE ONLY THREE HOMES THAT ARE AFFECTED BECAUSE OF THIS.

A PRECEDENT WILL NOT BE SET.

ALL OF THE BUILDINGS IN THE SHOPPING CENTER HAVE, UM, I CAN'T THINK OF THE WORD FOR IT.

STRAIGHT FACE, SHOPPING ENTRANCES, AS WELL AS INTERIOR ENTRANCES, THEY DO NOT AFFECT THE NEIGHBORHOOD.

THE DELIVERY OF GOODS AND MAIL STARTED AT 6:00 AM.

AND IN SOME INSTANCES, STOP AT 7:00 PM.

THIS IS AN ALL DAY EVENT.

AND AS YOU MAY KNOW, THESE TRUCKS ARE REQUIRED TO HAVE A BACKUP SOUND.

FURTHERMORE, MANY OF THESE 18 WHEELERS SIT IDLE WHILE WAITING TO BE OFFLOADED.

IF THE COMMERCIAL BUILDINGS WERE BUILT IN TODAY'S STANDARDS, IT WOULD BE REQUIRED TO PROVIDE SCREENING.

SADLY, THERE IS NONE, AND THERE IS NO WAY FOR THEM TO PROVIDE THIS SCREENING.

SO IN A NUTSHELL, THIS IS A QUALITY OF LIFE ISSUE.

YES, IT HAS EXISTED SINCE THE CONCEPTION OF THE NEIGHBORHOOD AND THE SHOPPING CENTER, BUT IT HAS BECOME WORSE OVER TIME, NOT WITH JUST THE DELIVERY TRUCKS, BUT WITH ALSO THE TRASH TRUCKS AND THE TRASH CONTAINERS SITTING AT THE REAR OF THE PROPERTY FACING THESE THREE RESIDENTIAL, UH, LOTS, THEY ARE CONSTANTLY HAVE TO DEAL WITH THE SMELLS AND THE S AND THE CRITTERS GOING INTO THOSE TRASH CONTAINERS, UM, TRASH COMING OUT AND BLOWING

[01:40:01]

INTO THE YARDS, MRS. PETER, UH, MRS. PATTERSON IS HERE TONIGHT TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

UM, IF IT, IF THE BOARD DOES NOT FEEL THAT IT CAN IMPROVE THIS, THIS CASE, THEN I WOULD REQUEST AN, UH, A POSTPONEMENT.

BUT I DO BELIEVE THAT WE HAVE PRESENTED ENOUGH HARDSHIPS AND THAT THE LOGIC IS THERE TO APPROVE THIS CASE.

I'M AVAILABLE.

SHOULD YOU HAVE ANY QUESTIONS? AND I'D LIKE TO GO THROUGH THE SLIDES JUST REAL QUICKLY ON THIS ONE, YOU CAN SEE THE YELLOW HIGHLIGHT.

THIS IS THE AREA IN QUESTION.

NEXT SLIDE, PLEASE.

THIS IS A SHOPPING CENTER.

THERE'S THREE BUILDINGS THERE.

YOU CAN SEE THE 2,500 SPRING LANE AT THE TOP.

THERE'S ONLY THREE LOTS THERE THAT FACE THE BACK OF THE, OF ANY BUILDING, THE RESIDENTIAL TO THE RIGHT, JUST SEE THE SIDES OF THE BUILDING DELIVERY TRUCKS ARE NOT ABLE TO BACK UP TO THOSE BUILDINGS.

OURS IS THE ONLY ONE THAT HAS A DELIVERY AREA.

NEXT, PLEASE.

THIS IS THE DRIVEWAY OF MS. PATTERSON LOOKING AT A DELIVERY TRUCK, JUST SITTING THERE NEXT PLACE.

AND HERE WE HAVE ONE OF THE MANY, MANY MAIL TRUCKS THAT COME, UM, MRS. PATTERSON'S HOUSE IS DIRECTLY ACROSS THE STREET FROM THAT MAIL TRUCK.

NEXT SLIDE PLEASE.

AND THIS IS AT THE INTERSECTION LOOKING ALL THE WAY DOWN.

YOU CAN SEE A MAIL TRUCK PARKED IN THE STREET, ANOTHER MAIL TRUCK SITTING THERE WAITING, UM, AND FURTHER DOWN THE STREET, YOU CAN SEE A REFRIGERATED DELIVERY TRUCK.

AND A LOT OF THESE REFRIGERATED DELIVERY TRUCKS HAVE TO BE, HAVE THEIR ENGINES ON SO THEY CAN RUN THE REFRIGERANTS, THESE LINEUP, THAT STREET UNTIL THEY GET THEIR DELIVERIES DONE.

AND I BELIEVE THAT'S THE LAST ONE.

THIS CONCLUDES MY PRESENTATION.

THANK YOU.

ALL RIGHT.

THANK YOU VERY MUCH.

SO THERE IS ABOUT 30 SECONDS LEFT.

IF YOU WANTED TO TAKE 30 SECONDS TO ADD ANYTHING DIRECTLY UP TO YOU, YOU DON'T HAVE TO.

UM, WELL, I GUESS ONE OF THE THINGS I WANTED TO ADD IS THAT I DON'T KNOW HOW IT'S ALLOWED, BUT THERE'S 18 WHEELERS THAT GO DOWN THAT LITTLE SECTION CONSTANTLY, AND I'M NOT SURE, YOU KNOW, IF IT'S ALLOWED FOR DELIVERY DRUGS TO STATE YOUR NAME FOR THE RECORD REAL QUICK.

OKAY.

I'M DYING ON PATTERSON.

SO, UM, IT JUST SEEMS LIKE IT'S, IT DOESN'T, THEY DON'T FIT IN THAT SPACE.

AND SO IT'S JUST, YOU KNOW, IT'S CAUSING A LOT OF STRESS FOR ME PERSONALLY.

OKAY.

ALL RIGHT.

THANKS SO MUCH.

OKAY.

IS THERE ANY OPPOSITION, ADAM CHAIR? I JUST NOTICED WE LOST ONE OF OUR VIRTUAL BOARD MEMBERS, SO WE DON'T ACTUALLY HAVE 1, 2, 3 OH KEY, UM, VICE CHAIR OR HAWTHORNE.

HANG ON ONE SECOND.

SHE'S BACK.

OKAY.

WE'RE GOOD.

OKAY.

WE'RE BACK TONIGHT.

OKAY.

UH, SEEING NO OPPOSITION, I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING.

UH, OPEN IT UP TO QUESTIONS.

UH, STARTING ON THE DICE.

I'M GOING TO GO WITH BOARD MEMBER BAILEY.

VICE-CHAIR I SAW YOUR HAND.

WE'LL COME TO YOU NEXT.

YEAH.

I HAVE A COUPLE OF QUESTIONS.

SO YOU SHOWED THE PHOTO WHERE YOUR DRIVEWAY IS RIGHT ACROSS FROM THAT TRUCK.

SO IS YOUR DRIVEWAY GOING TO HAVE A 10 FOOT FENCE? NO.

MA'AM.

OKAY.

SO, SO YOU, SO IT KIND OF NEGATES THE 10 FOOT FENCE, IF YOUR DRIVEWAY IS NOT GOING TO ALSO, I MEAN, IF YOUR DRIVEWAY IS GOING TO BE OPEN AND, AND ALL THE NOISES AND SMELLS AND SITE, YOU'RE STILL, IT'S STILL GONNA GOING TO BE THERE.

UM, OTHER THING IS ON YOUR POINT ABOUT TRUCKS GOING DOWN THERE, I DON'T THINK SEMI SHOULD BE GOING DOWN THERE EITHER.

AND THAT'S SOMETHING YOU SHOULD GET IN TOUCH WITH THE CITY ABOUT BECAUSE THEY CAN PUT UP NO, NO TRUCKS, AND THEY CAN WORK WITH YOU ON THAT FOR THE LARGER SEMIS AND TRY AND FIND ANOTHER SOLUTION FOR THAT.

UM, WE CAN'T DO THAT.

THAT'S SOMETHING YOU WOULD HAVE TO INITIATE WITH THE CITY THROUGH DISCUSSION AND TALK TO YOUR COUNCIL MEMBER.

OKAY.

IF I MAY, I DON'T BELIEVE THAT THEY CAN STOP THE DELIVERIES FROM HAPPENING BECAUSE IT'S NO, BUT SHE'S SAYING THEY'RE DRIVING THROUGH THERE.

SOME OTHER ONES BESIDES THE DELIVERY ONES, ARE THERE OTHER TRUCKS BESIDES THE DELIVERY TRUCKS? THE TRAFFIC'S GOTTEN WORSE? I, IT COULD BE SOMETHING TO EXPLORE IS ALL I'M SAYING THEY COULD THAT PARKING LOT ON THE FRONT SIDE OF THERE MIGHT HAVE SOME, AT LEAST STAGING PLACES THAT THEY COULD DO THAT PARK.

THE PARKING LOT IN THE FRONT OF THE POST OFFICE IS MASSIVE.

I MEAN, I GREW UP, I KNOW IT VERY, VERY WELL SINCE WAY BACK WHEN IT WAS HOLIDAY HOUSE, IT WAS THERE.

OR IF I MAY ASK MS. PATTERSON TO SPEAK TO THE, TO THE DRIVEWAY ISSUE, I'M NOT SURE WHAT SHE PROPOSED, BUT WAS GIVEN TO ME.

IT WAS JUST FOR THE FENCE,

[01:45:01]

UH, UNDERSTAND IT'S JUST FOR THE FENCE.

BUT WHAT I'M SAYING IS YOU'RE GOING TO HAVE A 10 FOOT FENCE THAN AN OPENING.

SO WHAT'S THE POINT I'M GOING TO, I'M HAVING, UH, I HAVE BETWEEN MY HOUSE AND THE FENCE, I HAVE, I'M PUTTING A WALL SO THAT MY BEDROOM WINDOWS ARE GOING TO BE BLOCKED OFF.

BUT YOU, YOU HAVE A VARIANCE FOR AN EIGHT FOOT.

DOES THAT NOT GO ABOVE YOUR BEDROOM? WINDOWS? YOU HAVE A SINGLE STORY HOME, CORRECT? I'M SORRY.

YOU HAVE A SINGLE STORY HOME.

YES.

AND SO EIGHT FEET WOULD GO ABOVE YOUR BEDROOM WINDOWS, CORRECT? WELL, SO RIGHT NOW, UM, OKAY, SO I GUESS THE, WITHOUT HAVING TO GET A VARIANCE OR ANYTHING IT'S SIX FEET, IS THAT CORRECT? NO.

I THINK YOU WERE GRANTED A VARIANCE FOR EIGHT FEET.

OKAY.

AND YES.

AND SO THEN WHEN WE MOVED THERE, WE PUT AN EIGHT FOOT WALL, RIGHT? I MEAN AN EIGHT FOOT FENCE.

AND SO NOW I WANT TO GET A VARIANCE TO BRING THAT EIGHT FOOT FENCE UP TWO FEET SO THAT MY BEDROOM WINDOWS WILL BE COVERED.

AND SO THAT WHEN I BUILD THIS WALL, HOPEFULLY I CAN BLOCK OUT SOME OF THE SOUND THAT'S COMING FROM THERE BECAUSE I'VE TRIED, I'VE, I'VE WORKED, I'VE CALLED THE, I MEAN, I'VE SPENT A LOT OF TIME TRYING TO TALK TO THE PROPERTY MANAGER AND COME TO SOME AGREEMENT AS TO SOME THINGS, BECAUSE IT NOT ONLY AFFECTS ME.

IT AFFECTS THE WHOLE NEIGHBORHOOD.

AND, UM, I CAN SEEM TO SAY THE ONLY THING I CAN DO IS TRY TO BLOCK IT OFF.

I MEAN, IT'S JUST A NEGATIVE FORCE AND ALL I CAN DO IS BLOCK IT OFF.

I I'M NOT GETTING ANY HELP.

AND SO THAT'S THE ONLY THING I KNOW TO DO.

OKAY.

THANK YOU.

VICE CHAIR HAWTHORNE.

I THINK YOU'RE SPEAKING, BUT WE'RE NOT GETTING ANY SOUND, SORRY.

SO THIS IS JUST A SCREEN WALL ON YOUR SIDE AND THE AREA WHERE THE GARAGE IS, IT IS OPEN, BUT YOU'RE NOT SLEEPING IN THAT SECTION.

AND THEN WHEN YOU COME TO THE FRONT OF THE HOUSE, UM, YOUR FRONT IS STILL OPEN AND, AND QUITE NEIGHBORLY, IS THAT CORRECT? YES.

SO I PERSONALLY AM NOT A FAN OF, OF TALL FENCES, UH, GENERALLY.

UH, BUT I'M REALLY, DON'T LIKE THEM IN THE FRONT YARD, UH, BECAUSE I THINK THAT KIND OF DETRACTS FROM THE WHOLE NEIGHBORLY THING, BUT I CAN REALLY SEE YOUR POINT OF VIEW BECAUSE THAT IS KIND OF THE BACKEND OF THAT SHOPPING CENTER.

UM, WHAT YEAR WAS YOUR HOUSE BUILT? 1945.

DO YOU KNOW WHAT YEAR THAT SHOPPING CENTER WENT IN? UM, I KNOW I'VE SEEN PICTURES OF IT FROM THE 1950S.

UM, I MEAN, IT'S BEEN THERE AS LONG AS I CAN REMEMBER, AND I GREW UP UP HERE AND I'M IN MY SIXTIES.

IT'S BEEN THAT LONG TIME.

YEAH.

YOU DON'T LOOK AT DARLING.

YOU DON'T LOOK.

UM, SO, UH, I, I PERSONALLY AM NOT NORMALLY THE PERSON THAT WOULD GO FOR THIS, BUT I ACTUALLY COULD MAKE A MOTION FOR THIS BECAUSE I DO UNDERSTAND, UM, I MEAN, THAT IS THE BACK END OF A SHOPPING CENTER.

AND IF THAT SHOPPING CENTER ACTUALLY GOT TORN DOWN, IT WOULDN'T BE DESIGNED THAT WAY TODAY.

AND THAT IS A LITTLE ROAD AND HAVING THAT SCREEN WALL AND, UH, YOU KNOW, HAVING COME BEFORE FOR THE EIGHT FOOT FENCE AND, AND, AND LIVING WITH IT, THEN GOING BACK AND THE NEIGHBORHOOD DOESN'T OPPOSE IT AND WIRING IS PRETTY, PRETTY MUCH, UM, REALLY ACTIVE.

AND SO IF THEY WERE HERE, WE, IF THEY WERE OPPOSED IT, THEY WOULD BE HERE.

WE WOULD SEE, UH, MR. .

UM, SO I, IF, IF SOMEONE WOULD SECOND, IT, I WOULD MAKE A MOTION FOR APPROVAL.

IF I COULD ADD, GO AHEAD AND JUMP IN NEXT.

UH, I WANTED TO APOLOGIZE FIRST FOR LAUGHING DURING YOUR PRESENTATION.

UH, ONE OF THE IMAGES IN YOUR PRESENTATION I COULD SEE IS FROM GOOGLE MAPS, BECAUSE WHEN I LOOKED AT IT AND I SAW THE TRUCK AND ALL LIKE POSTER SHOTS FROM THE 18 WHEELER, AND I'M LIKE, WOW, THAT'S JUST, YEAH, I THINK I'D BE PRETTY FRUSTRATED TOO.

MY QUESTION IS I WAS LOOKING AT THE BACK SIDE OF THE BUILDING AND IT LOOKS LIKE THERE'S A SIDEWALL THAT GOES DOWN TO LIKE WHERE THE IS TO SEPARATE THE GARAGE DOOR OFF FROM THE REST OF THAT HOUSE, BY LOOKING AT THE RIGHT SPOT OF THE WALL.

YOU MEAN BETWEEN THE, BECAUSE I'M TRYING TO FIND WHERE YOUR DRIVEWAY

[01:50:01]

ACTUALLY FACES THE, UH, THE SHOPPING CENTER.

OKAY.

SO THAT LITTLE SIDEWALK BETWEEN THE YEAH, EXACTLY.

OKAY.

SO I BUILT A LITTLE SIDEWALL THERE AND THEN, UM, JUST TO, BECAUSE IT BOUNCES ALL AROUND.

AND SO, UM, THE DRIVEWAY IS OPEN, UM, YOU KNOW, POTENTIALLY I COULD PUT A GATE THERE, UM, AND THAT WOULD COMPLETELY BLOCK IT OFF THE WHOLE WAY I HATE TO CLOSE IN MY DRIVEWAY, JUST BECAUSE, WELL, I WAS JUST, YEAH, I WAS ACTUALLY, WHEN I NOTICED THAT I WAS LIKE, OH, SO MAYBE THE GARAGE ISN'T BLOCKED OFF, BUT IT LOOKS LIKE THE REST OF THE HOUSE IS, AM I CORRECT IN SAYING THAT LIKE, FOR THE MOST PART, YES, IT LOOKS LIKE THERE MIGHT BE A ROOM ABOVE THE GARAGE.

SURE.

SHE'S NOT TRYING TO CREATE A COMPOUND.

SHE'S JUST TRYING TO PR NO, BECAUSE NORMALLY I'M, I AGREE WITH, VICE-CHAIR AWFUL.

I THINK BAD FENCES MAKE FOR BAD NEIGHBORS, BUT, BUT THIS IS ACTUALLY A REALLY GOOD LOOKING RAUL AND I'VE GOTTEN A LOT OF COMPLIMENTS.

HONESTLY, THE NEIGHBORHOOD LIKES IT.

IT'S AN IMPROVEMENT COMPARED TO WHAT'S GOING ON ACROSS THE STREET.

I'D ALSO BE VERY WILLING TO SUPPORT THIS IF THERE'S A MOTION.

AND SECOND, ARE THERE, ARE THERE OTHER QUESTIONS THOUGH, FROM VIRTUAL MEMBERS? OKAY.

IF I'M STRUGGLING A LITTLE BIT WITH THIS, NOT A HUNDRED PERCENT, I'M STILL WORKING IT, BUT I WOULD WANT IT TO BE TIED TO ONLY THE SECTION THAT IS SHOWN ON OF YOUR ADVANCED PACKET.

UM, YES.

MA'AM THAT SHOWS THE SITE PLAN.

IT SHOWS THE YELLOW, IF YOU LOOK AT THE SURVEY, YOU'LL SEE THAT YELLOW HIGHLIGHT THAT IS THERE.

THAT WAS WHAT Y'ALL APPROVED ORIGINALLY, RIGHT.

THAT AREA.

AND WE CAN'T EXTEND IT MORE TOWARDS, UM, I BELIEVE BOWMAN, RIGHT.

BECAUSE THERE'S A TRANSPORTATION CODE ISSUE THAT SAYS YOU HAVE TO HAVE A LINE OF SIGHT AT AN INTERSECTION.

YEAH.

SO IT WOULD CERTAINLY BE IN THAT YELLOW STRIP.

YES MA'AM UM, IS THAT WHAT IT WAS? YEAH.

73 WITH THE YELLOW LINE.

YES.

SO THAT, AND THEN IT DRIVES DOWN TO SIX FEET, YOU KNOW, JUST FROM THE HOUSE TO THE CORNER, BUT I FOLLOWED ALL THE RULES.

RIGHT.

BUT JUST IF WE'RE BECAUSE WE HAVE A MOTION TO APPROVE, SO IT'S ABOUT WHAT WE'RE APPROVING AND BEING VERY SPECIFIC ON WHAT WE'RE APPROVING.

OKAY.

WE'RE IN AGREEMENT WITH THAT.

OKAY.

THE VICE-CHAIR WAS THAT AN ACTUAL MOTION OR WERE YOU JUST OPEN TO EMOTION? I WAS KIND OF FISHING PORT NUMBER.

I'LL MAKE A MOTION TO APPROVE.

I WAS KINDA FISHING, BUT, UH, YEAH.

I'M TONY YET.

DO YOU HAVE A SECOND? MY GOAL'S HERE.

SO I'M REALLY TRYING TO THROW IN SOME COLORFUL WORDS.

DOES ANYBODY ELSE WANT A SECOND? 'CAUSE I DON'T LAUGH, BABY BENNET.

IS THAT BOARD MEMBER MACARTHUR YOU SECONDING? YEAH.

AS LONG AS IT'S JUST ON THIS SIDE FACING THE SHOPPING CENTER.

I SECOND IT BOARD MEMBER PRUITT.

I SAW YOUR HAND UP.

YEAH.

I HAD A QUESTION.

UM, AS TO THE LOCATION, IF YOU LOOK ON, I MEAN, I SEE THE SURVEY ON THREE, BUT THEN I'LL TRY TO PLACE THAT ON THE GROUND OR THE NEXT ITEM IS PAGE FOUR.

SO ARE WE TALKING ABOUT RUNNING ALL THE WAY DOWN TO ABOUT TWO THIRDS OF THE WAY DOWN, DOWN BOWMAN AVENUE, UH, TO WHERE THAT, UH, DRIVEWAY IS AND STOPS BEFORE IT GETS TO THE DRIVEWAY? IS THAT RIGHT? YEAH, IT WOULD STOP RIGHT AT THE DRIVEWAY, SIR.

AND IT LOOKS LIKE THERE'S ANOTHER FENCE ON THE OTHER SIDE OF THE DRIVEWAY, THAT'S SOMEBODY ELSE'S PROPERTY.

THERE'S ONLY ABOUT A FOUR TO FIVE FOOT SECTION ON THE OTHER SIDE OF THE DRIVEWAY.

AND WE'RE NOT PROPOSING TO CONSTRUCT A 10 FOOT FENCE THERE BECAUSE THERE'S NO HOUSE PER SE IN THAT AREA.

WELL, NO, I MEAN, I'M LOOKING AT THIS, I MEAN, THERE THERE'S THE 2,500 SPRING LANE AND THEN TO THE LEFT THERE, THERE'S A HOUSE.

THERE'S A HOUSE THERE ON THE, AT THE CORNER OF BOWMAN AND EXPOSITION, RIGHT? YES.

YEAH.

WE'RE ON THE CORNER OF BOWMAN AND SPRING.

SO THERE'S A, THERE'S US THAN A HOUSE, A SMALL LOT.

AND THEN, UH, ANOTHER CORNER LIGHT OUT THE OTHER END.

I'M NOT SURE WHAT THE STREET IS THERE.

OKAY.

SO THERE'S A LOT IN BETWEEN YOU AND THAT OTHER HOUSE WE'RE TALKING ABOUT.

CORRECT.

OKAY.

AND THEN THAT DRIVEWAY THAT IS FOR THAT OTHER HOUSE, OR DOES THAT DRIVEWAY THERE, OR, OR THIS HOUSE IN ON SPRING LANE? YEAH.

THAT'S THE NEXT DOOR NEIGHBOR OR YOUR YOU'RE TALKING ABOUT, SO OUR DRIVEWAY AND THEN THERE'S, I DO HAVE A LITTLE WALL RIGHT THERE AND THEN THE DRIVEWAY NEXT TO US

[01:55:01]

IS THE NEIGHBORS.

OH, I SEE.

SO THERE'S TWO DRIVERS.

YEAH, THE NEIGHBORS, YES.

OR THE NEIGHBOR'S DRIVEWAY IS REALLY CLOSE TO OUR DRIVEWAY.

SO THE PLOT LINE WE PROPOSING TO BUILD THIS 10 FOOT FENCE ONLY AS FAR AS YOUR DRIVEWAY AND THEN YOUR DRIVEWAY, THE AREA BETWEEN THERE, AND THEN THE SECOND DRIVEWAY, THAT'LL ALL JUST BE OPEN.

THAT'S NOT PART OF WHAT YOU'RE ASKING.

THAT IS CORRECT.

OH, OKAY.

THAT'S WHAT I NEEDED TO KNOW.

THANK YOU.

THANK YOU.

FUCKING, UH, JUST REAL QUICK, I HAD A QUESTION, MAYBE VICE-CHAIR HOW FAR ON OUR BOARD MEMBER, BAILEYS AND CHILD I'VE BEEN ON THE BOARD A LITTLE LONGER.

UM, IF THEY WANT HER TO DO IT FOR THAT SIDEWALL AS WELL, DO THEY NEED A VARIANCE FOR THAT? LIKE THE LITTLE SIDEWALK THAT GOES IN ALONG THE DRIVEWAY? NO, IT'S ONLY STUFF THAT'S ON THE STREET, RIGHT? NO, NO.

THEY'RE ONLY ASKING FOR WHAT'S ON THE STREET.

THEY'RE NOT DOING, THEY DON'T NEED THE PARENTS CAUSE THAT'S ALL THEY'RE ASKING FOR.

SO THAT'S ALL WE'RE PROPOSING TO GIVE THEM YES.

FOR ME.

YEAH.

YEAH.

OKAY.

UH, SO WE DO HAVE THE MOTION TO APPROVE, UM, MADE BY A VICE CHAIR, HEARTBURN, UH, SECONDED BY BOARD MEMBER MACARTHUR.

AND THIS IS TIED TO THE AREA DEFINED BY THE YELLOW LINE IN ITEM SEVEN, THREE OF THE BACKUP.

UH, AND LET'S GO AHEAD AND CALL THE VOTE.

AYE.

FINDINGS, FINDINGS, FINDINGS.

THANK YOU.

LET ME MAKE THEM GOOD.

CAUSE MICHAEL IS NOT HERE.

UH, WELL, YOU KNOW, I TRIED ALREADY AVANT JUST A SECOND.

I WAS GOING BACK TO LOOK AT THE FINDINGS FROM 2010.

OH, SMART.

THAT'D BE GOOD.

WOW.

SINCE WE, SINCE WE HAD PROVED IT ONCE BEFORE, I WOULD THINK THAT IT PRUDENT TO KIND OF TAKE A LOOK AND SEE WHAT, WHAT THAT WAS REASONABLE USE ZONING REGULATIONS, APPLICABLE PROPERTY, DO NOT ALLOW FOR A REASONABLE USE BECAUSE MOST RESIDENTIAL PROPERTIES DO NOT LITERALLY, UH, NOT NECESSARILY A BUD, BUT, UH, I JOINED A PUBLIC STREET THAT HAS THE BACKEND OF A SHOPPING CENTER ACROSS FROM IT.

AND, UH, AND THE END IS, IS THE DELIVERY PORTION OF THE PROGRAM FOR THE SHOPPING CENTER AND THE SCREENING AND, AND TRUCK TRAFFIC, UH, MAKE IT DIFFICULT TO HAVE A REASONABLE ENJOYMENT OF YOUR PROPERTY HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED AS UNIQUE TO THE PROPERTY IS OBNOXIOUS REALLY LOUD AND OVER.

SEMI-TRUCKS MAKE DELIVERIES AT ALL, ALL HOURS.

AND, AND IT IS REALLY DIFFICULT TO TRY TO DEAL WITH, UH, WITH COMMERCIAL DELIVERY SCHEDULING AND DUMPSTER PICKUP AND ALL THE THINGS THAT GO ALONG WITH IT AND HAVE, UH, ENJOYMENT OF YOUR PROPERTY.

THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED AS, AS LITERALLY, THERE ARE, THERE ARE THREE LOTS HERE ALONG THIS PERIMETER ROADWAY AND THE ROADWAY IS A LITTLE UNDER SIZED FOR THE TRAFFIC THAT'S OCCURRING AREA CHARACTER.

THE VARIANCE WILL NOT ALTER THE CHARACTER, THE AREA JASON, THE PROPERTY WILL NOT IMPAIR THE USE OF THE ADJACENT CONFIRMING PROPERTY WILL NOT APPEAR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED AS THE WALL IS EXISTING IN VARIOUS WAS GIVEN IN TWO 10 FOR AN EIGHT FOOT WALL.

UH, SO IT IS, IT IS FOR, AND IT'S NOT IMPACTING THE ADJACENT NEIGHBORS.

AND I AM FINDING THE VARIANCE TO, UH, THE AREA SHOWN ON, UH, SEVEN DASH THREE, THE HIGHLIGHTED AREA, B N OKAY.

IT'S CALLED THE VOTE.

BROOKE BAILEY.

UM, ALTHOUGH YES, AND I HOPE THEY KNOW IT'S A REALLY HASSLE FOR YOU, BUT I REALLY HOPE THEY NEVER CLOSED THAT POST ON THIS BECAUSE I KNOW THEY'VE TALKED ABOUT CLOSING THAT POST OFFICE AND I JUST REALLY HOPE THEY NEVER, SO THAT'S ONE OF THE REASONS FOR MY YES.

IF I MAY INTERJECT, I LEARNED SOMETHING AT THE WING MEETING, THE POST OFFICE IS OPEN DUE TO A HIGH LEVEL POLITICAL OFFICIAL SOMEWHERE OVER THERE.

OH NO.

OH NO.

I GOTTA PICK THAT UP AND SEE WHAT KIND OF DIRT THAT IS.

THAT SOUNDS AWESOME.

UH, JESSICA COHEN THAT'S ME.

I'M A YES.

VICE CHAIR HAWTHORNE.

YES.

BARBARA MACARTHUR.

YES.

RYAN.

NO.

YES.

[02:00:01]

DARRELL PRO I TYPICALLY DON'T THINK THAT JUST BECAUSE SOMEBODY IS, UH, EITHER VIOLATING THE RULES OR WHATEVER THAT GIVES YOU THE RIGHT TO, TO DO THE SAME, BUT I CAN TELL YOU THAT YOU DID THIS THE RIGHT WAY.

YOU HAVE A LETTER FROM THE NEIGHBORHOOD ASSOCIATION, UM, AND WHERE YOU'RE FACING, UH, ISN'T GOING TO AFFECT ANYONE EXCEPT THE BACK END OF THAT SHOPPING SHOPPING CENTER.

UH, SOME MOTHERS.

YES.

THANK YOU.

GINA RODRIGUEZ.

YES.

RICHARD SMITH AND MARCEL GARZA.

YES.

FOUR OR 5, 6, 7.

THAT'S NINE.

OKAY.

THAT'S NINE.

YOUR VARIANCE IS GRANTED.

THANK YOU, BOARD MEMBERS.

AND SHE'S GOING TO HATE ME FOR IT.

THAT IS ALISON DOCTORS DISTRICT.

YOU CAN EMAIL A DISTRICT 10 AT AUSTIN, TEXAS.GOV.

I KNOW THEY DO CHECK IT.

THEY'RE VERY GOOD ABOUT IT.

ACTUALLY, THE VERY RESPONSIVE, KEEP EMAILING AND MAYBE GET YOUR NEIGHBORS INVOLVED.

YEAH.

AND DISCUSS THE TRUCK TRAFFIC AND HOW IT'S INCREASED.

YEAH.

I THINK THAT'S ONE THING I HAVEN'T BEEN DOING CORRECTLY IS, UM, I'VE BEEN TALKING TO THE SHOPPING CENTER PROPERTY MANAGER AND THEY, HAVEN'T SORRY.

I'VE GOT TO CUT IT OFF LEGAL INSTRUCTED WHEN WE HAVE VIOLATED THE AGENDA.

SO, OKAY.

BUT THANK YOU SO MUCH FOR YOUR PRESENTATION, BY THE WAY.

THANK YOU FOR SURE.

MOVING ON.

LET'S SEE.

WHEN IT'S SEVEN, EIGHT WAS POSTPONED A DISCUSSION ITEMS, ITEM NINE, A DISCUSSION

[9. Discussion of the July 11, 2022/July 13, 2022 BOA activity report]

OF THE JULY 11TH, 2022 AND THE JULY 13TH, 2022.

WE GO ACTIVITY REPORT.

COME ON, EVERYBODY THROW OUT THE KUDOS BECAUSE WE KNOW WE LOVE THESE TWO PEOPLE OVER HERE WHO DO SUCH AMAZING WORK FOR THE BOARD.

LAYING IN DIANA Y'ALL ARE SO AWESOME.

SHE DIDN'T EVEN HEAR ANY OF THAT.

SHE HEARD HER NAME AND PARKED UP.

YOU'RE AMAZING.

Y'ALL ARE BOTH AMAZING AND THE MOST BEAUTIFUL REPORT EVER THE BOARD REPORT.

OKAY.

ANY OTHER COMMENTS? NO.

ALL RIGHT.

LET'S UH, WE DISCUSSED ITEM 10 AND 11.

SO, UH, 12 AND 13.

UH, WE'RE JUST GOING TO IGNORE BECAUSE THOSE ARE ESSENTIALLY THE SAME THING.

WE WEREN'T QUITE SURE HOW TO DO THE NEW FORMATTING.

WE'VE GOT IT ALL SORTED NOW.

SO THAT WON'T BE ON THERE NEXT MONTH.

AND EVEN FUTURE AGENDA

[14. Discussion of future agenda items, staff requests and potential special called meeting and/or workshop requests]

ITEMS, 14 DISCUSSION OF FUTURE AGENDA ITEMS, STAFF REQUEST, POTENTIAL SPECIAL CALL MEETINGS.

ANYTHING, ANYONE GOING ONCE GOING TWICE? THE TIME IS 7:36 PM.

THIS MEETING IS ADJOURNED.

THANK YOU EVERYONE.

OH, VICE CHAIR.

HI, BYE.

I WAS LIKE, NO, IT'S OVER AND EVERYBODY ON THE LITTLE BRADY BUNCH VIEWS NOW.

THANK YOU.