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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]