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[00:00:03]

IT IS

[CALL TO ORDER]

5:30 PM.

5:34 PM.

SORRY.

I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER.

WE HAVE A QUORUM.

LET'S JUST GO AHEAD AND CALL THE RULE.

TOMMY EIGHTS HERE.

BROOKE BAILEY HERE.

I'M YOUR CHAIR, JESSICA COHEN.

I'M DEFINITELY HERE.

MELISSA HAWTHORNE HERE.

BARBARA MACARTHUR HERE.

DARRELL PR HERE AUGUSTINA RODRIGUEZ.

I THINK THERE'S AN ALTERNATE FOR AUGUSTINA.

IS SOMEONE FILLING IN FOR AUGUSTINA? THAT WOULD BE ME.

I REMEMBER, UH, RICHARD SMITH HERE.

MICHAEL LIN HERE.

NICOLE WADE HERE, AND THEN CARRIE WALLER HERE AND KELLY BLOOM HERE.

OKAY.

WE'RE ALL HERE.

DID THAT ALREADY.

OKAY.

JUST A COUPLE QUICK HOUSEKEEPING NOTES FOR THE AUDIENCE, THIS SUPER LARGE AUDIENCE.

PLEASE TURN OFF YOUR CELL PHONES OR PUT THEM ON VIBRATE.

UM, AFTER YOUR CASE IS OVER, PLEASE TAKE YOUR DISCUSSION.

YOU KNOW WHAT? IT DOESN'T MATTER TONIGHT.

IT'S SO SMALL.

UM, IF YOU HAVE A QUESTION ABOUT YOUR KEYS, PLEASE WAIT UNTIL TOMORROW.

CALL OR EMAIL THE BOARD LIAISON, ELAINE RAMIREZ.

WHEN YOU ARE TALKING TO THE BOARD, PLEASE ADDRESS THE BOARD DIRECTLY.

DO NOT ADDRESS EACH OTHER.

IF THERE'S ANY OPPOSITION, WE'RE NOT GONNA NEED A BREAK TONIGHT.

UH, MAKE SURE YOU GET YOUR PARKING TICKETS VALIDATED.

THERE'S A LITTLE STAMP CLAMSHELL STAMP AND A BOOK OVER THERE BY WHERE YOU WALKED IN.

YOU JUST PUT IT IN THERE, STAMP IT AND WRITE THE NUMBER DOWN.

UM, AND THAT'S IT.

OKAY.

SO ANYONE WHO'S GOING TO BE GIVING TESTIMONY TONIGHT.

IF I COULD GET YOU TO PLEASE STAND, I'M GOING TO ASK YOU TO TAKE THE OATH REAL QUICK.

ANYBODY GIVING YOU TESTIMONY TONIGHT.

OKAY.

GOOD ENOUGH.

DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? THANK YOU VERY MUCH.

IS THERE ANY PUBLIC COMMUNICATION, ELAINE? NOPE.

OKAY.

STARTING WITH ITEM

[APPROVAL OF MINUTES]

ONE.

THIS WILL BE APPROVAL OF THE MINUTES FROM THE BOARD OF ADJUSTMENT, REGULAR MEETING ON AUGUST 8TH, 2022 MOTION PER APPROVAL.

SECOND I'LL NEED TO RECUSE.

I'LL NEED TO RECUSE AS WELL.

Q UH, BOARD MEMBER AIDS, BOARD MEMBER, WADE, RECUSING AND MYSELF, PLEASE.

UH, WHO WAS THAT? CARRIE WALLER? THAT WAS, YES.

OKAY.

AB ABSTAIN OR RECUSED? ABSTAIN.

AB IT'S THAT ABSTAIN.

THAT'S WHAT I WAS GONNA ADD SAY IS THAT ABSTAIN FOR EVERYBODY? YES.

OKAY.

YES, SUPER.

OKAY.

WE HAVE A MOTION TO APPROVE MADE BY VICE CHAIR, HAWTHORNE SECONDED BY BOARD MEMBER BAILEY TOMMY AEN AN ABSTINE STEAM COLD WEIGHT IS STEIN.

OKAY.

WALLER ISN'T STEIN.

BROOKE BAILEY.

YES.

JESSICA COHEN.

YES.

VICE HOR.

YES.

BARBARA MACARTHUR.

YES.

YES.

RICHARD SMITH.

YES.

MICHAEL VAN OLAND.

I DID SEE THE VIDEO, BUT I'M GONNA ABSTAIN.

I WASN'T HERE.

OKAY.

AND KELLY BLOOM? UM, YES.

UM, MY UNDERSTANDING WAS THAT FROM THE CITY ATTORNEY'S OFFICE, IS THAT WE DIDN'T HAVE TO BE THERE TO, OH.

I MEAN, IF IT BECOMES AN ISSUE THAT WE CAN'T ACTUALLY PASS THE MINUTES OR APPROVE THE MINUTES, THREE, FOUR, WE'VE GOT SIX.

OKAY, GOOD.

SO DID YOU, YES, SIR.

DID YOU SAY YES? YES.

OKAY.

THAT'S SEVEN.

WE'RE GOOD.

[00:05:09]

SEE, MOVING ON TO ITEM TWO, GO.

UH, OKAY.

ITEM TWO.

DISCUSSION.

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

UH, FOR POSTPONEMENTS OR WITHDRAWALS.

DO WE HAVE ANY POSTPONEMENTS OR WITHDRAWALS? YES, WE HAVE ITEM NINE, C 15 DASH 2022 DASH 0 6 1 14 0 1 EAST THIRD STREET.

THEY ARE REQUESTING A POSTPONE TO OCTOBER 10TH TO OCTOBER 10TH? YES MA'AM.

OKAY.

SO ONE POSTPONEMENT IT'S ITEM 10 OR NO, SORRY.

ITEM NINE C 15 20 22, 0 61.

DO I HAVE A MOTION? OKAY.

I HAVE A MOTION TO POSTPONE TO OCTOBER 10TH BY BOARD MEMBER.

BON OLIN SECOND.

OKAY.

LET'S CALL THE ROLL.

TOMMY YATES.

YES.

BROOKE BAILEY.

YEAH.

IS THE APPLICANT HERE? UH, YES, BUT I KNOW THAT I DON'T NEED HIM TO COME UP, BUT, UM, JUST AN FYI.

I KNOW THAT PART OF THE POSTPONEMENT IS THEY'RE WORKING WITH THE NEIGHBOR TO PURCHASE THEIR PROPERTY.

UM, THEY NEED TO BE CAREFUL CUZ I DON'T THINK THAT CHANGES OUR ISSUES.

SO JUST TO FYI.

OKAY.

JESSICA COHEN? YES.

BY MELISSA HAWTHORNE.

YES.

BARBARA MCARTHUR? YES.

DARRELL PR YES.

RICHARD SMITH.

YES.

MICHAEL LIN? YES.

NICOLE WADE? YES.

CARRIE WALLER? YES.

AND KELLY BLOOM? YES.

OKAY.

POSTPONE TO OCTOBER 10TH, ITEM

[3. C16-2022-0005 Jaden Rodriguez for Leo Garcia 7712 Elroy Road]

THREE.

OH, DO WE HAVE TO DO THAT FOR THAT ONE? OH, OKAY.

UH, WE HAVE TO CLOSE THE PUBLIC HEARING FOR ITEM TWO AND THEN MOVE ON TO ITEM THREE, UH, C 16, 20 22 0 0 5.

THIS WILL BE JADE RODRIGUEZ FOR LEO GARCIA.

7,712 ELROY ROAD.

MADAM CHAIR.

I HAVE ONE QUESTION FOR THE APPLICANT BEFORE, BEFORE THEY STARTED, UM, THAT OKAY.

I WOULD WAIT BECAUSE SO FAR, NO, ONE'S COME FORWARD CHAIR.

I AM HERE.

THIS IS LEO GARCIA.

OH, OKAY.

THERE WE GO.

SO ON THE PHONE, GO AHEAD AND ASK.

SO IT LOOKS LIKE, UH, THIS TRACK MAY HAVE A LIMITED AMOUNT OF FRONTAGE ON THE ROADWAY AND THE SIGN FACE AREA IS CALCULATED BY FRONTAGE ON THE ROADWAY.

DID YOU LOOK AT THAT WHEN YOU SUBMITTED YOUR APPLICATION, CUZ YOU MAY NEED TO UPDATE YOUR APPLICATION AND REIFY.

SO WE, WE ARE BASING OUR, OUR CALCULATIONS OFF OUR EXISTING SIGN, WHICH WAS CALCULATED ORIGINALLY, INCLUDING THE EAST MYTHS THAT WERE TAKEN UP BY THE UTILITY COMPANY AND BY THE ROADWAY.

SO I THINK WE'RE COMFORTABLE IN SAYING THAT OUR CALCULATIONS ARE AS CLOSE AS TO WHAT THEY SHOULD BE BASED OFF OUR DESIGN EASEMENT AND UH, ROADWAYS.

OKAY.

JUST WANTED TO MAKE SURE BEFORE WE HEARD THE CASE, IF YOU NEEDED TO MAKE ADJUSTMENTS, YOU COULD.

OKAY.

THANK YOU.

SORRY TO INTERRUPT YOUR FLOW.

OKAY.

YOUR PRESENTATION IS UP.

IF YOU'D LIKE US TO MOVE TO THE NEXT SLIDE, JUST GO AHEAD AND SAY NEXT SLIDE.

THERE WILL BE A 32ND DELAY IF YOU'RE WATCHING ON ETX N OR VIA THE WEB.

UH,

[00:10:01]

GO AHEAD AND START.

YOU HAVE FIVE MINUTES.

SURE.

WE THANK YOU FIRST AND FOREMOST FOR TAKING THE OPPORTUNITY TO LISTEN TO OUR CASE, AS YOU CONTINUE, OUR PLAN OR REQUEST IS TO HAVE A VARIANCE ABOUT THE HEIGHT OF THE CURRENT SIGN OR THE SIGN THAT WE'RE PROPOSING.

UH, POINT NUMBER ONE, BASICALLY STATES THAT OUR CURRENT ENTRANCE SIGN IS EASILY LOST FROM THE DISTANCE.

AS YOU CAN SEE FOR SOME OF THE IMAGES THAT WE HAVE AS WE CON CONTINUE TO DEVELOP OUR MAIN ENTRANCE WITH THE FOCUS MOVING TOVO ROAD AWAY FROM MAY 12, FOR THE EXPANSION OF LANES, UH, WE NEED THIS ENTRANCE TO BE CLEAR AND IDENTIFIABLE BY USING THE 40 FOOT TALL, UH, DOUBLE SIDED SIGN, WE FEEL WILL ALLOW OUR GUESTS TO BE ABLE TO FIND OUR INTEREST ENTRANCE WITHOUT ISSUES.

SECOND SLIDE.

OUR SECOND POINT IS THE 30 FOOT SIGN WOULD FEEL THAT IT'S TOO CLOSE TO PROXIMITY TO THE INTERSECTION.

THE SIGN HAS LARGE VIDEO ELEMENT AND COULD CAUSE DISTRACTIONS OF INSTALLED LOW.

WE FEEL BY INCREASING THE HEIGHT AND ADDITIONAL 10 FEET WILL ALLOW MORE OF A VISUAL HELP RATHER THAN A DETERRENCE.

NEXT SLIDE 0.3, UH, REASON LONG.

IT SAYS WITH THE RECENT LANE EXTENSIONS OF ELROY, AS WE ALL KNOW HAS BEEN A SIGNIFICANCE AND IMPORTANT PART TO GETTING TO AND FROM CODA WILL BECOME A NEW MAIN ENTRANCE.

UH, AGAIN, TRYING TO MOVE AWAY FROM ELROY.

UH, THIS WILL ALLEVIATE THE TRAFFIC ISSUES WE HAVE SEEN IN THE PAST.

HAVING THE ENTRANCE BE AS IDENTIFY A POSSIBLE WILL HELP WITH THAT MISSION.

THE ENTRANCE SIGN IS IMPORTANT IDENTIFIER OF OUR PROPERTY AS WELL AS TOOL THAT COMMUNICATES TO OUR NEIGHBORS AND ATTENDEES ABOUT EVENTS AND ACTIVITIES HAPPENING ON THE PROPERTY.

WE FEEL THAT IT IS IMPORTANT THAT THIS SIGN IS A CORRECT SIZE AND SCALE, ESPECIALLY AS IT PERTAINS TO TRAFFIC UPDATES AND TRAFFIC CONTROL FOR THE COMMUNITY AND PEOPLE ATTENDING ANY EVENT.

I WANNA SAY THANK YOU FOR YOUR CONSIDERATION.

UM, WE DO UNDERSTAND THE RULES AND THE REGULATIONS AND THAT, THAT, YOU KNOW, OBVIOUSLY WHY WE'RE REQUESTING THE, THE VARIANCE, BUT WE FEEL IT'S A SLIGHT DEVIATION FROM THE CURRENT ALLOWANCE.

SO WE LOOK FORWARD TO A POSITIVE IMPACT.

THIS TIME WILL BRING TO THE COMMUNITY AND TO PEOPLE COMING TO ATTEND OUR EVENTS.

THANK YOU.

THANK YOU.

OKAY.

IS THERE ANY OPPOSITION HEARING NONE.

I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING BOARD MEMBERS QUESTIONS.

I HAVE A QUESTION BOARD MEMBER BAIL.

OH, I DON'T KNOW IF IT'S A QUESTION OR A STATEMENT.

UM, WHEN PEOPLE ARE COMING OUT DAKOTA, IT'S USUALLY A LOT OF PEOPLE AT ONE TIME AND THERE'S ONE ROAD YOU'RE NOT GONNA MISS IT.

THEY'RE GONNA HAVE PEOPLE OUT THERE DIRECTING TRAFFIC AND THEY'RE GOING TO HAVE, YOU'RE GONNA HAVE ONE WAY IN AND ONE WAY OUT BASICALLY DURING THOSE EVENTS.

SO I AM STRUGGLING WITH THE HARDSHIP ON THIS ONE.

UM, YEAH, BECAUSE EVERYBODY'S GOING, GOING TO BE GOING TO THE SAME PLACE.

AND IF HAVING 20, 30, OR FIVE OR 10,000 PEOPLE, IT'S STILL GONNA BE A LOT OF PEOPLE AND THEY'LL KNOW WHERE THEY'RE GOING.

SO I'M STRUGGLING WITH THE HARDSHIP ON THIS ONE, JUST AN FYI BARBARA, UH, BOARD MEMBER MACARTHUR.

UH, I MUST STRUGGLING TOO, CUZ I WAS TRYING TO FIGURE OUT HOW MANY FEET, IF THE SIDE IS 30 FEET TALL, HOW MANY FEET IS THERE BETWEEN THE VIDEO AND THE GROUND? AND IF IT'S 40 FEET TALL, HOW MANY FEET IS THERE BETWEEN THE VIDEO AND THE GROUND? SO I WAS HAVING A REAL TROUBLE UNDERSTANDING WHY THAT 10 MORE FEET IS NECESSARY.

AND I DIDN'T SEE ANY CLEAR VISUAL IN YOUR PRESENTATION THAT SHOWED A COMPARISON OF THE 30 AND 40 FEET.

AND WHAT EXACTLY, OF COURSE YOU CAN SEE A 40 FOOT SIGN FROM MAYBE A BIT FURTHER AWAY, BUT I DIDN'T SEE THE HARDSHIP THE HARD CAN.

CAN I ANSWER? YES, YES.

PLEASE ANSWER.

SO OUR POINT IS THAT TO TRYING TO MOVE THE SIGN UP HIGHER, THE, THE FOOTPRINT OF THE SIGN, THE DIGITAL SIGN, INSTEAD OF BEING 30 FOOT TO THE BASE OF IT, IT'LL INCREASE IT BY 10 FOOT GIVING IT A BETTER LINE OF SIGHT AS YOU'RE COMING.

I AGREE IN THAT EVERYBODY'S COMING TO THE SAME POINT, BUT THERE'S INFORMATION THAT WE NEED TO GIVE OUT.

IF YOU LOOK AT THE FIRST SET OF IMAGES, YOU'LL SEE THAT THE CURRENT SIGN GETS LOST.

SEE THAT IMAGE, THE CURRENT SIGN IS ON THE, UH, IT SAYS VIEW OF INTER INTERSECTION TOWARDS THE WEST.

OUR SIGN IS BEHIND THAT TREE LINE.

SO YOU CAN'T SEE IT, IT THERE.

AND IF YOU'RE COMING FROM ELROY, IF YOU LOOK AT THE IMAGE ON THE BOTTOM ON SLIDE TWO, YOU'LL SEE THE BOTTOM OF IT.

THAT WOULD BE THE REPRESENTATION OF OUR SIGN.

OUR

[00:15:01]

CURRENT SIGN IS NOT VISIBLE FROM THIS DISTANCE.

SO WHAT WE'RE ASKING FOR THE VARIANCES TO ALLOW US TO PUT THE SIGN UP HIGHER, THAT WILL ALLOW PEOPLE TO SEE OUR SIGNAGE, OUR INFORMATION CLEARLY FOR THE COMMUNITY AND FOR THE PEOPLE COMING TO THE EVENT IN REGARDS TO WHICH PARKING LOTS THEY'RE GOING, UH, WHICH DIRECTION, UM, THEY NEED TO EITHER GO TO THE LEFT OR TO THE RIGHT.

AND, AND THAT IS WHY WE FEEL THE VERY ALLOWING US TO GO TALLER WILL HELP GIVE INFORMATION OUT TO THE PUBLIC.

YES, THEY ARE COMING TO THE SAME PLACE, BUT THERE ARE DIFFERENT PARKING LOTS.

YOU KNOW, IF YOU CONTINUE ON TO THE WEST, WE HAVE PARKING LOT.

L M IF YOU GO TO THE RIGHT ONTO KOTA BOULEVARD, WE HAVE OUR MAIN PROP, UH, PARKING LOTS.

BUT IF YOU GO TO THE LEFT, YOU'LL SEE THAT WE HAVE ADDITIONAL PARKING LOTS.

AND WE FEEL THAT THE SIGN BEING THAT HIGH WILL ALLOW PEOPLE TO SEE IT EARLIER, BOARD MEMBER BLOOM.

UM, IT'S DIFFICULT TO EVALUATE THE PROPER HEIGHT OF THE SIGN WITHOUT KNOWING SOMETHING ABOUT THE CHARACTERISTICS OF THE ROADWAY ITSELF.

LIKE IT'S POSTED SPEED.

UM, YOU MENTIONED IN YOUR APPLICATION THAT ELROY ROAD WAS RAISED, BUT HOW MUCH THERE'S NO INFORMATION ABOUT THAT THAT I COULD SEE, UM, AS COMMISSIONER MACARTHUR SAID, YOU KNOW, BASED ON THIS CONCEPT OF THE SIGN, YOU'VE PRESENTED A FAIR AMOUNT OF THE SIGN IS STILL UNDERNEATH, YOU KNOW, BELOW 30 FEET IN, IN HEIGHT.

SO I DON'T KNOW WHAT KIND OF SIGN, WHAT IT'S ULTIMATELY GONNA LOOK LIKE WHERE THE DIGITAL ELEMENTS ARE.

AND I'M NOT SURE ABOUT THE ARGUMENT ABOUT THE DIGITAL ELEMENTS BEING TOO LOW TO THE GROUND, CAUSING A DISTRACTION, UM, TO DRIVERS THAT MAY VERY WELL BE THE CASE.

BUT, UM, I THINK I NEED SOME MORE EVIDENCE THAT THAT IS AN ACTUAL ISSUE BEFORE I CAN SUPPORT THE VARIANCE.

AND, AND I WOULD SAY TOO, THAT MAYBE YOUR GROUND SIGN IS NOT VISIBLE, BUT YOU'RE STILL TALKING ABOUT A 30 FOOT HIGH SIGN, WHICH WOULD IMPROVE THAT IF THAT'S THE ARGUMENT THAT YOU'RE WORKING FROM.

NICE TRAIL HAWTHORNE, I'M SORRY, BOARD MEMBER BLOOM.

WAS THAT A QUESTION OR? UM, NO, IT WAS A COMMENT.

UM, UNLESS THE APPLICANT HAPPENS TO KNOW OFFHAND, LIKE, LIKE WHAT IS THE POSTED SPEED ON, ON ELROY, BUT, BUT I THINK THEY'RE STILL MISSING INFORMATION.

THEY PROBABLY WON'T BE ABLE TO PROVIDE TODAY ICE.

I MEAN, THEY CANNOT ANSWER THAT WITH THE COMPLETE CERTAINTY, BUT TYPICALLY IN THAT AREA GETS ABOUT 45 MILES PER HOUR ICE CHAIR HAWTHORNE.

SO I, AND I, SORRY, I'M BLOWING UP MY IMAGES.

SO I, SIR, I, I AM CONCERNED THAT YOU ARE ADDITIONALLY GOING TO NEED A SIGN FACE AREA BECAUSE YOU TAKE THE MEASUREMENT ON THE ROADWAY.

AND WHAT YOU'RE SHOWING ME IS A VERY LITTLE FRONTAGE ACTUALLY ON ELROY IN THE ADVANCED PACKAGE ON SHEET.

SORRY, I BLO IT UP SO, SO BIG.

I CAN'T SEE THE NUMBER.

THERE'S ACTUALLY NOT A NUMBER ON IT.

SO THAT WOULD BE THE ADVANCED PACKAGE.

PAGE SIX.

YOU, YOU DON'T ACTUALLY HAVE A LOT OF FRONTAGE ON ELROY FACTORED HER INTO SIGNED CALCULATIONS.

SO YOU PROBABLY WANNA CHECK THAT FIRST.

I DON'T HAVE AN ISSUE WITH THE REQUEST IN GENERAL.

I'M PROBABLY, UH, A LITTLE MORE LIBERAL AS THIS IS A, IS A REALLY BIG PIECE OF LAND.

AND THERE ARE A LOT OF PARKING LOTS AND IT'S, IT IS KIND OF DIFFICULT TO MANEUVER AROUND.

YOU'RE ALL GOING TO THE SAME PLACE AND YOU'RE KIND OF FOLLOWING EACH OTHER, BUT IF YOU NEED TO BE IN ANOTHER LANE TO TAKE A DIFFERENT DIRECTION OR TO GET TO THE RIGHT WAY TO GET TO YOUR ACTUAL LOT OR ENTRANCE, UM, IT IS A LITTLE DIFFICULT, UH, BOARD MEMBER BLOOM IS CORRECT IF THEY'VE RAISED THE ROAD.

AND, AND THAT IS TO YOUR, NOT TO YOUR BENEFIT, YOU MIGHT WANNA POINT THAT OUT AND THE, THE SPEED AT WHAT YOU'RE GOING.

BUT I, I DO THINK THAT I'LL MAKE A MOTION FOR A POSTPONEMENT.

SO YOU CAN GATHER A LITTLE MORE INFORMATION AND CHECK THAT SIGN FACE AREA, UH, PERHAPS WITH THE STAFF, BECAUSE IF YOU DO NEED TO REIFIED THAT AND RE REDO YOUR APPLICATION AND INCLUDE THAT SCOPE, UH, YOU'D PROBABLY WANT TO DO THAT NOW.

UNDERSTOOD.

OKAY.

WE DO HAVE A MOTION ON THE TABLE.

IS THERE A SECOND, A SECOND? OKAY.

YOU HAVE SOMETHING TODAY SAY, BUT I, I DO BELIEVE, AND I, I DO HAVE QUESTIONS AS WELL.

I THINK SHE WANTED TO SAY SOMETHING, SOMEBODY WITH THE FINGER BOARD MEMBER WALLER, DID YOU HAVE A QUESTION? IS THE EXISTING

[00:20:01]

SIGN, THE DIGITAL SIGN AS WELL? NO, IT'S A ILLUMINATED SIGN WITH JUST BASICALLY, UH, CIRCULAR AMERICAS WITH THE LOGO ON IT WITH A SMALL BLOCK AND BACK LIT SIGN.

YEAH, I THINK, UM, I AGREE WITH THE OTHER BOARD MEMBERS WHO HAVE STATED THAT THE HARDSHIP IS DIFFICULT TO COME TO, BUT MORE INFORMATION ABOUT THE EXISTING SIGN IN COMPARISON WITH THE PROPOSAL, LIKE WHAT KIND OF DIFFERENCES WILL BE ADDED WITH THE NEW SIGN VERSUS WHAT'S EXISTING WOULD BE HELPFUL.

OKAY.

UNDERSTOOD.

I HAD A QUESTION FOR YOU REAL QUICK.

UH, SURE.

WOULD, IF I WERE TO SUPPORT THIS VARIANCE, WOULD YOU BE OPEN TO A CURFEW FOR THE EMC ALONG WITH THE, UH, A LIMIT IN LUMINOSITY AFTER A CERTAIN TIME PERIOD? ABSOLUTELY.

OKAY.

ABSOLUTELY.

THERE, THERE'S NO REASON WHY WE, WE HAVE A CARTOON QUEUE FOR OUR MUSIC AND LIGHT.

SO IT WOULD BE, IT WOULDN'T BE A PROBLEM FOR US TO, TO FRAME THE ILLUMINATION DOWN OR ADD THAT FEATURE TO, TO THE LIGHT.

OKAY.

FOR THE SCREEN.

I'M SORRY.

ANY OTHER QUESTIONS? UH, BOARD MEMBER SMITH.

YEAH.

SO I'M NOT, I'M NOT NECESSARILY OPPOSED TO A POSTPONEMENT, BUT I'M, UH, I'M EQUALLY TROUBLED BY THE PARENT LACK OF HARDSHIP HERE.

I MEAN, I'M, I'M UNDERSTANDING THE HARDSHIP IS THAT MAKES THE SIGN MORE VISIBLE.

UM, I MEAN, THAT'S SORT OF TRUE OF MAKING ANY SIGN AND MAKING IT BIGGER AND BRIGHTER AND, YOU KNOW, WHAT'S THE LIMIT ON THAT.

UM, SO I'M JUST WONDERING IF THE POSTPONEMENT IS NOT GONNA BE FUTILE IF IN FACT THERE'S NO, IF THAT'S THE, IF THAT'S THE HARDSHIP WE'RE DEALING WITH AND YOU KNOW, MAYBE WE SHOULD GO AHEAD AND MAKE THE DECISION ON THAT ON THE MARRIAGE THERE.

I THINK, I THINK IT GOES BACK TO OUR DISCUSSION OR A POINT ABOUT THE ROAD BEING ELEVATED, AS YOU'RE AWARE, THERE'S A MAJOR PORTION OF, OF ELROY PART OF THE ONION CREEK FLOODWAY AND IS CONSIDERED A FLOOD ZONE.

THE ROAD, THE BRIDGE WAS ELEVATED.

I MEAN, OFF THE TOP OF MY HEAD, I COULD SAY THAT IT WAS PROBABLY ELEVATED ABOUT 12 TO 20 FEET.

SO THEN THE ENTIRE LANE AND ROAD CARRIED THAT MOMENTUM ALL THE WAY ACROSS FROM THE INTERSECTION OF ANGUS.

SO AS YOU'RE COMING DOWN THAT ROAD, IT IS INCOMPLETE ELEVATION CHANGE.

AND SO THEN, LIKE I SAID, IF YOU LOOK AT SOME OF THE IMAGES, OUR SIGN ISN'T INVISIBLE ANYMORE.

AND SO THAT WHY WE FEEL ALLOWING THE VARIANT FOR US TO GO IN AN ADDITIONAL 10 FEET WILL ALLOW THAT DISTANCE THAT'S BEING CARRIED OVER FURTHER BACK TO THE DEALER, THE SCREEN, TO BE VIEWED FURTHER BACK AS YOU'RE COMING FROM THE CANUS OR IF YOU'RE COMING FROM THE, WHAT WE, WHAT WE CALL THE CURB THERE AT ELROY AND LOT L AND M IT'S A MASSIVE CURB.

SO WHEN YOU TURN, YOU'RE NOT GONNA SEE A SIGN RIGHT THERE BECAUSE OF THE TREE LINE, BECAUSE IT'S LOWER.

UH, AND SO THAT'S WHY WE FEEL THAT THE, THAT THE VARIANCES, OR IS IMPORTANT TO US.

SO THE VARIANCE, WHAT I'M HEARING YOU SAYING IS THE VARIANCE IS COMMENSURATE WITH THE CHANGE IN THE ELEVATION, CORRECT.

BOARD MEMBER, BON OLIN.

OKAY.

LIKE I SAID, THE ENTIRE AREA, MY POINT IS THAT THE ENTIRE AREA.

ISN'T SORRY, INTERRUPT YOU.

BUT, UH, THE QUESTION WAS OVER.

WE'VE GOT ANOTHER QUESTION FROM A DIFFERENT BOARD MEMBER.

OKAY.

OKAY.

YOU, YOU COVERED MY, MY CONCERN ABOUT THE DIMMERS AND I'M VERY PARTICULAR ABOUT THE SIGNS.

I, I CAN ECHO MELISSA'S SENTIMENTS ABOUT THE SIGN.

I DON'T SEE A REAL ISSUE WITH IT, BUT I ALSO DON'T SEE A HARDSHIP AS BURKE IS STATED OUT.

I GO TO THE F1 QUITE A BIT FOR QUITE A FEW DIFFERENT, UH, BESIDES THE CONCERTS, THE RACES, THE ROUTE RALLY AND ALL THAT TYPE OF STUFF.

AND I CAN SAY THAT COMING DOWN THAT ROAD, IT WOULD BE MORE BENEFICIAL TO BE ABLE TO SEE IF THERE'S ANY INFORMATION FROM A DISTANCE, BECAUSE OTHERWISE I HAVE SEEN IT AND I'VE EXPERIENCED BASICALLY THE BLIND FOLLOWING THE BLIND AND END UP SOMEPLACE.

I DIDN'T WANT TO END UP, BUT I DON'T.

I DON'T AGREE THAT THE, THE LOW SIGN CAN CAUSE DISTRACTION IF IT'S LOW, ACTUALLY IT CAN CAUSE MORE DISTRACTION DUE TO THE BRIGHT L E D LIGHTS COMING OVER THE GRADE ON THE WEST.

WHEN YOU COME PAST THE, UH, TOLL ROAD AND COMING DOWN THE HILL FROM COMING FROM THE LRO AS YOU HIT THAT CURVE.

I, IT, SO THE LUMINOSITY IS GONNA BE A BIG PLAY.

IT'S GONNA BE A BIG CONCERN OF MINE.

I DON'T HAVE HEARTBURN ABOUT YOUR REQUEST, BUT AS THE

[00:25:01]

OTHER COMMISSIONERS HAVE STATED, AND I THINK YOU CAN PRETTY MUCH PUT YOUR FINGER UP IN THE AIR AND TEST THE WINDS.

THE HARDSHIP JUST ISN'T THERE.

THE, THAT ROAD HAS NOT BEEN, IT, IT IS BEEN RAISED ABOUT 12 INCHES, UH, IT'S SIX INCHES OF BASE.

AND THEN, UH, IT'S GOT FOUR INCHES OF ASPHALT.

I REMEMBER WHEN THEY DID THAT JOB.

UH, AND SO I THINK, UH, THE BEST THING TO DO IS TAKE YOUR POSTPONEMENT, LISTEN TO WHAT THE COMMISSIONERS SAY, AND THEN, UH, TRY TO COME BACK WITH A REAL TRUE HARDSHIP BECAUSE I, I'M NOT, I CAN'T GET THERE WITH THE HARDSHIP THAT WE CURRENTLY HAVE RIGHT NOW, EITHER AS, AS MUCH AS I SUPPORT YOUR REQUEST AND YOU WOULD LIKE TO HAVE IT, I WOULDN'T BE ABLE TO VOTE FOR IT, KNOWING THAT, UH, THE HARDSHIPS NOT THERE.

AND THAT'S WHAT WE BASE OUR DECISIONS ON.

THANK YOU.

I THINK MY COMMENT ABOUT THE HEIGHT WAS BASED OFF THE BRIDGE ITSELF, UH, THAT WAS, THAT WAS BUILT, UH, FOR THE BACK IN BETWEEN THE MECHANIC LOT.

I MEAN, WE HAVE TO CONSIDER THE SAFETY COMPONENT OF THIS.

IF YOU'RE LOOKING DOWN AT YOUR PHONE TRYING TO FIND A PATH OR A PARKING LOT.

SO FOR US, IT'LL BE EASIER TO SHOW THE SIGN IS RIGHT IN FRONT OF YOU.

YOU DON'T HAVE TO TAKE YOUR EYES OFF THE ROAD.

YOU CAN FOCUS ON THE SIGN, WE CAN GIVE DIRECTIONS.

AND, AND I UNDERSTAND YOUR, YOUR POINT OF VIEW OF, OF CONSIDERING IT A HARDSHIP WOULDN'T CONSIDER IT SO MUCH A HARDSHIP FOR OURSELVES, BUT MORE OF A PUBLIC SAFETY, MORE OF INFORMATION, MORE OF TOWARDS THE COMMUNITY.

WE FEEL THAT ON THE SAFETY COMPONENT OF THAT IS INSTEAD OF LOOKING DOWN AT YOUR PHONE, YOU HAVE A VISIBLE SIGN RIGHT IN FRONT OF YOU AT A DECENT HEIGHT THAT ALLOWS YOU POINT OF ORDER.

I DIDN'T ASK A QUESTION.

YOU LOOK UP, YOU KEEP YOUR PATH.

SO ORDER, I DID NOT ASK A QUESTION, SIR.

THE, THE MAIN THING IS WHAT I WOULD RECOMMEND FOR YOU TO DO IS TO GO BACK ONLINE, CHECK OUR WEBSITE AND SEE HOW WE CAN DECIDE ON THESE.

ON THESE CASES, WE ARE A QUASI GOVERNMENTAL AGENCY AND WE HAVE STRICT GUIDELINES THAT WE CAN, THAT WE HAVE TO HAVE IN ORDER TO MAKE A DECISION.

AND IF IT DOESN'T MEET THE HARDSHIP, WHETHER IT BE TOPOGRAPHY SHAPE OF LAW, WHATEVER THE CASE MAY BE, THEN WE CANNOT AND SHOULD NOT LEGALLY VOTE TO SUPPORT THIS ACTION.

SO I, I UNDERSTAND YOU'RE TRYING TO SELL YOUR, YOUR REQUEST, BUT EVERYTHING YOU'RE SAYING IS FALLING.

IT FALLS ON THE DEAF EAR OF THE LAW HERE, AS FAR AS US BEING ABLE TO MAKE A MOTION TO APPROVE.

SO I'D RECOMMEND GO BACK AND TAKE A LOOK AT THE WEBSITE AGAIN, TAKE A LOOK AT WHAT WE HAVE TO CONSIDER AND THEN ADDRESS YOUR HARDSHIP TO THOSE CONSIDERATIONS BOARD MEMBER NUMBER.

AND YOU HAVE ANOTHER CLIP, SORRY.

UH, SORRY, VICE GO AHEAD.

DAR, I'LL GET YOU JUST A SEC.

I, I WAS JUST GOING, I WAS JUST GONNA SAY, UH, SO THE SIGN SIGN RULES AND THE SIGN BOARD, WHICH THE BOARD OF ADJUSTMENT IS ACTING FOR A SIGN AS THE SIGN BOARD NOW IS A MAJORITY BOARD, NOT A SUPER MAJORITY BOARD AND THE CRITERIA ARE ACTUALLY DIFFERENT THAN THE HARDSHIP OR A VARIANCE.

AND SO, UH, YOU MIGHT WANNA GO BACK AND TAKE A LOOK CUZ YOU KNOW, YOU'RE, YOU'RE TRYING TO GET THE TRAVELING PUBLIC SAFELY TO YOUR SITE.

UM, BUT AT THIS POINT, JUST KIND OF WITH THE, THE FEEDBACK THAT YOU'VE GOTTEN, IT'S PROBABLY BEST TO GO TAKE THE POSTPONE THAT AND GO FINE, FINE TUNE YOUR JEWEL AND COME BACK NEXT MONTH.

UM, BECAUSE THIS IS JUST KIND OF GOING CIRCULAR.

AND I THINK, I THINK THERE, YOU HEARD QUITE A FEW CONCERNS, BUT THERE WERE ALSO THINGS THAT YOU COULD TAKE AND, AND WORK WITH.

YES.

THANK YOU.

BOARD MEMBER PUT, I, UM, WAS LOOKING AT THE, THE MATERIALS IN THE PACKAGE AND ESPECIALLY THE, UM, THE DESIGN DESIGN BY CND DESIGNS.

IT STARTS ON, UH, LOOKS LIKE PAGE NINE, PAGE 10 AND 11 ALL SAY THAT THE MESSAGE CENTER IS GOING TO BE ONE SIDED.

SO THE IDEA THAT THE PHOTOS ON I HAVE PAGES 17 AND 18 COMING FROM ELROY EAST IS GOING TO BE ABLE TO GIVE ANYBODY ADDITIONAL INFORMATION AND IT'S JUST NOT, NOT CORRECT.

UH, CUZ THERE WON'T BE ANYTHING ON THAT SIDE OF THE, OF THE SIGN, NO MESSAGES ON THE SIDE OF THE SIGN.

UM, AND IN TERMS OF BEING ABLE TO SEE THAT, UM, YOU KNOW, THE, THE, THE FACILITY IS THERE AT THAT LOCATION.

I DON'T KNOW THAT THAT ADDITIONAL HEIGHT IS REALLY GOING TO MAKE ANY, ANY BIG OF A DIFFERENCE.

SO,

[00:30:02]

UM, I, I, I JUST DON'T SEE.

AND, AND I'VE LOOKED AT THE APPLICATION AND I WOULD JUST SUGGEST GOING BACK AND LOOKING AT THE APPLICATION ABOUT WHAT YOU HAVE TO FIND OR WHAT WE HAVE TO FIND IN ORDER TO GRANT THE VARIANCE, UH, WHICH IS ON PAGE THREE OF THE, OF THE APPLICATION, SECTION TWO, THE VARIANCE FINDINGS.

CAUSE AS OF RIGHT NOW, I JUST, I, I DON'T SEE THAT.

AND UM, I WOULDN'T BE ABLE TO VOTE FOR THIS BOARD MEMBER BAILEY AND UM, IT LOOKS LIKE WE ARE GOING TOWARDS A POSTPONEMENT.

SO WHAT I'D LIKE TO SEE IS ALL YOU'RE SHOWING IS THE 40 FOOT TALL SIGN.

YOU SHOW IT AT 30 FEET ALSO BECAUSE IT'S ALSO GONNA HAVE A DIGITAL COMPONENT.

IF YOU DON'T GET THIS HEIGHT INCREASE, IT'S STILL GONNA BE THE SAME SIGN, JUST 10 FEET LOWER.

SO IT'S STILL GONNA HAVE THE SAME INFORMATION AS PEOPLE PULL UP.

SO I WOULD LIKE TO SEE A SIDE BY SIDE COMPARISON OF WHAT THAT IS SO THAT YOU CAN SHOW US IF IT REALLY DOESN'T, YOU KNOW, AND THEN WE CAN SEE IF IT DOESN'T WORK OR MAYBE WE'LL SEE THAT IT CAN WORK AT THAT.

BUT I THINK THAT WE NEED TO SEE SOME SORT OF COMPARISON, NOT WITH NECESSARILY, I MEAN, WHAT'S, THERE IS A MONUMENT SIGN, I MEAN A 30 FOOT TALL SIGN LIKE THAT YOU HAVE NOW INSTEAD OF A 40 FOOT TALL SIGN.

AND I'D LIKE TO SEE THAT THE COMPARISON OF THOSE AND, AND MAYBE YEAH, DEFINITELY WORK ON THE HARDSHIP PART.

THANK YOU.

YES MA'AM THANK YOU.

OKAY.

SO WE HAVE A MOTION TO POSTPONE TO OCTOBER 10TH, 2022.

THIS IS FOR C 16, 20 22 5 MADE BY VICE CHAIR, HAWTHORNE SECONDED BY BOARD MEMBER V OLIN.

LET'S CALL THE VOTE.

TOMMY EIGHTS.

YES.

BROOKE BAILEY.

YES.

JESSICA COHEN.

YES.

MELISSA HAWTHORNE.

YES.

BARBARA MACARTHUR.

YES.

DARRELL PR YES.

RICHARD SMITH.

YES.

MICHAEL JUAN OLAND.

YES.

NICOLE WADE.

YES.

CARRIE WALLER.

YES.

AND KELLY BBL.

YES.

OKAY.

THIS IS POSTPONED TO OCTOBER 10TH.

MOVING ON.

NEXT CASE WILL

[4. C15-2022-0065 Daniel Strinden 1700 Loreto Drive]

BE C 15 20 22 0 0 6 5 DANIEL.

STRINGIN 1700 LATO DRIVE.

MR. STRINGIN ARE YOU HERE? HE SHOULD.

HE'S ON VIRTUALLY HE'S VIRTUAL.

HELLO? CAN YOU HEAR ME NOW? YES, SIR.

EXCELLENT.

OKAY.

UM, JUST ONE MOMENT, MR. WHILE I GET YOUR PRESENTATION PULLED UP.

OKAY.

JUST IN CASE YOU MISSED IT FROM BEFORE, THERE WILL BE APPROXIMATELY A 32ND DELAY BETWEEN WHAT WE SEE AND WHAT YOU SEE.

SO IF YOU WERE READY TO GO TO THE NEXT SLIDE, ONCE WE GET THERE, JUST SAY NEXT SLIDE AND WE'LL ADVANCE IT FOR YOU.

OKAY.

ALMOST READY.

SOUNDS GOOD.

OKAY.

OKAY.

YOUR PRESENTATION IS UP.

YOU HAVE FIVE MINUTES.

GO AHEAD.

THANK YOU.

UM, AND THANK YOU TO THE BOARD FOR HEARING MY CASE.

UM, I'M DANIEL STERNEN.

UH, I, WHAT I WOULD LIKE TO DO IS TO ADD AN ACCESSORY DWELLING UNIT, UH, TO THE REAR LOT OF MY PROPERTY AT 1700 LA ROAD DRIVE, UH, THE, THE PURPOSE FOR THIS, I GUESS THE REASON I'M TRYING TO BUILD MY IN-LAWS, UH, RETIRED THIS YEAR AND HAD TO MOVE, UH, DUE TO THE COST OF LIVING AND, AND THEIR REDUCED INCOME IN RETIREMENT.

SO I'D LIKE TO BUILD, UH, A PROPERTY ON OUR REAR LOT SO THAT THEY CAN, UH, LIVE WITH US AS, AS WE, UH, YOU KNOW, BEGIN, BEGIN A FAMILY AND, AND THEY, WE CAN HAVE THEM CLOSE BY.

UM, THE CURRENT ZONING ALLOWS FOR TWO FAMILY RESIDENTIAL USE, BUT THE LOT, UH, IT, IT, IT'S NOT REALLY FEASIBLE TO PURSUE BUILDING, UNLESS WE CAN GET THIS VARIANCE.

I, I HAVE A PICTURE KIND OF SHOWING THAT ON A LATER SLIDE.

UM, AND THE, THE HARDSHIP HERE THAT I'M CLAIMING IS THAT IT'S A, A THROUGH LOT WITH STREETS AND SETBACKS ON THREE SIDES, WHICH IS FAIRLY UNIQUE, UH, BOTH FOR THE AREA AND AS WELL AS, UM, JU JUST IN GENERAL FOR, FOR AUSTIN.

UH, SO ON SLIDE TWO, I'M SHOWING THE LOT, I, I SHOULD NOTE THE SUBTITLE

[00:35:01]

HERE.

I TRANSPOSE THE NUMBERS.

THE CURRENT REQUIREMENT IS 25 FEET.

AND WHAT WE'RE REQUESTING IS A 15 FOOT SETBACK.

UM, YOU CAN SEE THE PROPERTY UNDER CONSIDERATION AND, AND BASICALLY, UH, THIS IS JUST A, A SHOW, A LITTLE BIT OF THE AREA, AND ALSO, UH, SO THAT YOU CAN SEE WHERE IT IS SITUATED ON THE STREET WHEN I ZOOM OUT.

SO THE SLIDE THREE, I SHOW KIND OF A ZOOMED OUT VIEW AND MORE OF THE EAST AUSTIN, UH, OR THE MARTIN LUTHER KING NEIGHBORHOOD.

UM, JUST TO ILLUSTRATE THAT MOST OF THE PROPERTIES IN THE NEIGHBORHOOD ARE NOT THROUGH LOTS.

UH, I MEAN THE OVERWHELMING MAJORITY ARE NOT THROUGH LOTS.

AND THEN EVEN AMONG THROUGH LOTS, UH, HAVING STREETS ON THREE SIDES IS, IS ALSO FAIRLY UNIQUE.

SO IN THIS PICTURE, THE ONLY THROUGH LOTS THAT YOU CAN REALLY SEE ARE THE ONES ON OUR STREET, WHICH ARE ON THE LEFT HAND SIDE, IN THE MIDDLE.

AND THEN THE ONLY LOTS WITH, UH, UH, THREE SETBACKS, UH, RELATED TO THE STREETS ARE THOSE ON EITHER END OF THE STREET.

UM, AND THEN, UH, SLIDE FOUR, I'M SHOWING JUST THE CURRENT REAR VIEW OF THE LOT.

UH, THERE'S, THERE'S NOTHING BACK THERE RIGHT NOW, EXCEPT FOR A FENCE.

UM, BUT THIS IS THIS, THE FENCE WOULD BE REMOVED AND, AND THIS IS MORE OR LESS WHERE YOU WOULD SEE THE, THE SECOND, UH, DWELLING UNIT SLIDE FIVE, I'M SHOWING THE CURRENT, UH, SURVEY, UH, WITH THE, THE PROPOSED SETBACK CHANGE.

SO YOU CAN KIND OF SEE AN OVERLAY OF THAT.

UH, AND THEN I JUST, SO YOU CAN SEE THE, THE SETBACKS, BUT THEN SLIDE SIX.

I ACTUALLY SHOW AN, UH, OVERLAY OF THE, THE DWELLING.

SO WE DON'T HAVE ARCHITECTURAL PLANS RIGHT NOW.

UH, WE HAVEN'T ENGAGED WITH A BUILDER OR AN ARCHITECT YET, UH, BECAUSE IT, IT REALLY DOESN'T MAKE SENSE FOR US TO, TO MOVE FORWARD BUILDING, UNLESS WE, WE HAVE THIS SPACE HERE THAT, THAT YOU'RE SEEING US.

THAT'S, UH, THAT'S, WHAT'S BEING SHOWN ON SLIDE SIX, WHERE YOU CAN SEE WITHOUT THE, THE, UM, THE 15 FOOT STEP BACK.

WE, WE DON'T REALLY HAVE ENOUGH SPACE TO, TO ADD CONSTRUCTION ON THE LOT.

UH, THANK YOU VERY MUCH.

YEAH.

I, I, I DON'T HAVE ANYTHING ELSE, UM, TO ADD HERE, BUT I'M, I'M HAPPY TO ANSWER ANY QUESTIONS IF, IF THERE ARE ANY, ALL RIGHT.

THANK YOU VERY MUCH.

IS THERE ANY OPPOSITION SEEING NONE? WE'RE GONNA GO AHEAD AND CLOSE THE PUBLIC HEARING, UH, BOARD MEMBER OF ONE OLAND.

YES.

I'M GONNA MAKE A MOTION TO APPROVE.

UH, THEY HAVE A LEGIT, LEGITIMATE HARDSHIP WITH THE, UH, SHAPE OF THE LOT, AS WELL, AS ON ITEM 44, HIS PRESENTATION, HE'S GOT A MASSIVE TREE BACK THERE IN THE BACKYARD THAT IS ALSO GONNA LIMIT I'LL SECOND THAT, BECAUSE I WAS GONNA DO IT, IF YOU DIDN'T, EXCEPT THAT I'D LIKE TO DISCUSS THIS.

ABSOLUTELY.

BECAUSE I HAVE SOME QUESTIONS NO, NO, WE'RE NOT GONNA JUST LIKE PASS IT.

WE'LL TALK YOU.

YEAH.

UH, SORRY.

UH, BOARD MEMBER PRO, DID I SEE YOUR HAND UP NEXT? YEAH, GO AHEAD.

BOARD MEMBER PRO.

YEAH, I HAD A QUESTION I'M LOOKING AT NOT THE PRESENTATION, BUT THE BACKUP MATERIALS ON PAGE SEVEN.

UH, THIS IS A SURVEY PLA IT LOOKS LIKE THIS WAS DONE IN 1966, AND IT SHOWS THAT 25 FOOT BUILDING LINE SETBACK ALONG TILLERY.

I'M NOT SURE THAT THIS REALLY RELATES TO ANY NEW, UH, ORDINANCE ABOUT THROUGH STREETS OR ANYTHING.

THIS IS A, THIS IS A SETBACK THAT'S ON THE PLAT.

AND I, I'M NOT EVEN SURE WHETHER WE WOULD HAVE ANY KIND OF, UH, POWER TO DO ANYTHING ABOUT BUILDING LINES THAT ARE SHOWN ON THE PLAT, UH, ESPECIALLY FROM 1966.

SO, UM, I, I, I JUST, I JUST DON'T THINK THAT THAT'S SOMETHING THAT, THAT, UH, THAT SHOWS ANY KIND OF HARDSHIP, UM, IN TERMS OF USING THE PROPERTY IN A REASONABLE MANNER BOARD MEMBER, BAILEY.

YEAH.

I HAVE SEVERAL QUESTIONS, CONCERNS.

UM, I KNOW THAT YOU DON'T WANNA DO DRAWINGS, UM, BECAUSE AS IT IS EXPENSIVE, BUT WE ARE LACKING SO MUCH INFORMATION, A NUMBER ONE, HAVE YOU TALKED TO ANY OF YOUR NEIGHBORS OR THE NEIGHBORHOOD ASSOCIATION? WE HAVE NO FEEDBACK THAT BECAUSE IT WILL AFFECT MORE THAN JUST YOU.

SO HAVE YOU TALKED TO ANY OF YOUR NEIGHBORS ABOUT WHAT YOU'RE WANTING TO DO? HAVE YOU GOTTEN FEEDBACK FROM A NEIGHBORHOOD ASSOCIATION? IF THERE IS ONE? UH, I HAVE, UH, SPOKEN TO SOME OF MY NEIGHBORS, UH, ABOUT IT.

I, I HAVEN'T GOTTEN FEEDBACK FROM THE NEIGHBORHOOD ASSOCIATION.

WE HAVE

[00:40:01]

A MEETING ACTUALLY THIS EVENING AT SEVEN, UH, WITH THE NEIGHBORHOOD ASSOCIATION.

WE HAVEN'T HAD ONE, UH, BEFORE, NOW THAT I COULD, UH, THAT I COULD HAVE THE CONVERSATION ABOUT IT WITH THE, WITH THE ASSOCIATION, BUT OKAY.

THE, THE FEEDBACK THAT I'VE GOTTEN FROM MY NEIGHBORS, UH, HAS MOSTLY JUST BEEN INTEREST AND, AND NOBODY HAS, UH, EXPRESSED ANY SORT OF OPPOSITION THAT I'M AWARE OF, BUT, UH, I HAVE HAD SOME INTEREST IN WHY WE'RE WANTING TO BUILD AND, AND KIND OF WHAT, UH, WHAT WE'RE REQUESTING, CUZ YOU KNOW, WE HAD THE NOTICE THAT WENT OUT AND ASSIGN, UH, INDICATING THE, UH, ADJUSTMENT HEARING.

RIGHT? WE DID HAVE TWO LETTERS OF OPPOSITION IN OUR BACKUP.

UM, JUST FOR YOUR INFORMATION.

THE OTHER THING IS YOU HAVE SOME EXTREMELY LARGE TREES IN YOUR BACKYARD, MORE THAN ONE.

AND I THINK BEFORE WE CAN SAY, YES, YOU CAN BUILD BACK THERE.

WE NEED A TREE SURVEY THAT SHOWS CRITICAL ROUTE ZONE, CUZ YOU'RE SHOWING YOUR DRIVEWAY RIGHT WHERE ONE OF THOSE TREES IS AND I'M NOT.

AND I ALSO, I DON'T KNOW IF YOU KNOW THIS, BUT THAT STRUCTURE HAS TO BE A MINIMUM OF 10 FEET FROM YOUR EXISTING STRUCTURE.

I SEE NOTHING THAT SHOWS MEASUREMENTS THAT SHOW THAT IT, IT CAN EVEN BE 10 FEET CUZ YOU HAVE A PRETTY SMALL BUILDING AREA BACK THERE.

HAVE YOU DONE THOSE MEASUREMENTS? HAVE YOU LOOKED AT THE CRITICAL ROOT ZONE ON YOUR TREES? I HAVE, I HAVE DONE THE MEASUREMENTS.

I HAVE NOT LOOKED AT THE CRITICAL ROOT ZONE ON THE TREES.

SO THAT WOULD CERTAINLY BE SOMETHING THAT I WOULD NEED TO DO.

UM, THE, THERE ISN'T A TREE, UH, WHERE THE DRIVEWAY WOULD BE.

UH, THERE, THERE, ALL OF THE TREES ARE ALONG TILLERY AND THEN THERE IS ONE THAT'S THAT'S MUCH, MUCH CLOSER TO, I MEAN WITHIN PROBABLY FOUR FEET, FIVE FEET OF THE EXISTING STRUCTURE.

SO I, I DON'T, I DON'T THINK THAT ANY OF THE TREES WOULD BE IN THE WAY OF THE PLANT CONSTRUCTION, BUT THE ROOT ZONE, AS YOU'RE SAYING THAT THAT WOULD BE SOMETHING I'D NEED TO LOOK INTO FURTHER.

YEAH.

IT'S NOT, IT'S NOT THE TREE TRUNK, IT'S THE CRITICAL ROOT ZONE, WHICH IS QUITE LARGE FOR THE TREES OF THIS SIZE.

SO WE DON'T HAVE THAT INFORMATION.

WE ALSO HAVE NO MEASUREMENTS SHOWING, YOU KNOW, YOU'RE SHOWING A GENERAL AREA OF A STRUCTURE, BUT WE USUALLY, IF WE ARE GOING TO DO SOMETHING LIKE THIS, WE LIKE TO BE PRETTY SPECIFIC, UM, ON A VARIANCE OF A, A SECOND DWELLING UNIT IN THE BACKYARD.

AND I, I GET THAT YOU DON'T WANNA DO FULL BLOWN PLANS, BUT I CAN'T MAKE A DECISION TONIGHT.

I, I COULDN'T SUPPORT IT TONIGHT BECAUSE I DON'T HAVE ENOUGH INFORMATION.

UM, AND ALSO THAT I DON'T HAVE INFORMATION FROM YOUR NEIGHBORS YEAH.

OR MEASUREMENTS ON THE, ON THE SITE PLAN OR THE TREE INFORMATION.

SO I, I, IF, IF WE'RE GONNA VOTE ON THIS TONIGHT, I CAN'T SUPPORT IT.

ANY OTHER QUESTIONS, BOARD MEMBER MACARTHUR.

UM, I AM TENDING, UM, TO SAY THAT BECAUSE YOU HAVE, UH, THINGS ON THREE SIDES, YOU DO HAVE A HARDSHIP, BUT I'M A LITTLE CONFUSED ABOUT THE RULES AND THE THROUGH LOT, BECAUSE THERE ARE DIFFERENT EXCEPTIONS, UH, BASED UPON WHAT IS BEHIND THE THROUGH LOT.

AND SO I WOULD REALLY LIKE TO SEE, UM, IT'S PROBABLY BEST FOR YOU AT THIS POINT TO COME BACK AND HAVE A CLEARER PRESENTATION, UH, CLEAR UP WHAT YOUR, UH, PLAT SAYS, WHETHER THE PLAT IS RESTRICTING YOU.

LIKE IF YOU GET THE VARIANCE, BUT THE PLAT WON'T LET YOU BUILD, THAT'S ANOTHER ISSUE, BUT FIND OUT REALLY WHAT EXACTLY THE THROUGH LOT RULES ARE BECAUSE THERE ARE EXCEPTIONS.

IF YOU'RE BUILDING AN AD AND I CHAIR, AND I THINK YOU NEED TO LOOK ALL OF THOSE UP BOARD MEMBER BAILEY AND, AND ALSO LOOK BECAUSE WHERE YOU'RE SHOWING YOUR PARKING IS ON A CURB, IT'S VERY CLOSE TO A CURB AND INTERSECTION.

AND THERE ARE ALSO RULES ON HOW CLOSE TO AN INTERSECTION OR DRIVEWAY CAN BE.

SO YOU MAY NOT EVEN.

SO THERE'S A LOT OF THINGS THAT MAY NOT EVEN BE ABLE TO HAPPEN ON THIS LOT THAT HAS NOTHING TO DO WITH OUR, WHETHER YOU GET THE VARIANCE OR NOT, THAT I THINK NEED TO BE EXPLORED.

I THINK YOU NEED TO TALK TO SOMEBODY IN DEVELOPMENT SERVICES AND FIND OUT WHERE YOUR TREES ARE AND FIND OUT IF YOUR DRIVEWAY'S EVEN ALLOWED THERE, IF YOU HAVE 10 FEET BETWEEN YOUR HOUSES.

AND SO, YOU KNOW, JUST ALL OF THAT INFORMATION BOARD MEMBER 1 0 11, YES.

MADAM CHAIR, NUMBER ONE RULE IN POLITICS IS COUNTRY VOTES.

BEFORE YOU WALK INTO THE ROOM, I CAN SEE WHERE THIS IS GOING RIGHT NOW.

AND I THINK PERSONALLY MYSELF, I THINK HE'S GOT A LEGITIMATE HARDSHIP, BOTH WITH THE TREES AND WITH THE LOT.

BUT I AGREE WITH A LOT OF WHAT I'M HEARING TONIGHT, THAT HE SHOULD DO A LITTLE BIT MORE INVESTIGATION BECAUSE

[00:45:01]

HE MAY BE PLAYING WHACKA BALL WITH A COUPLE OF THESE ZONING ISSUES.

AND SO WHAT I'M GONNA DO IS I'M GONNA WITHDRAW MY MOTION TO APPROVE AND MAKE A MOTION TO POSTPONE SO THAT HE'LL HAVE AN OPPORTUNITY TO COME BACK AND IT WON'T SET HIM BACK.

UH, YOU KNOW, PLEASE TAKE NOTE OF ALL THE, UM, COMMENTS THAT WERE MADE HERE TONIGHT SO THAT WHEN YOU DO COME BACK, YOU CAN COME BACK PREPARED AND HOPEFULLY WE CAN WORK SOMETHING OUT TO GIVE HIM A LITTLE REDRESS.

I DON'T HAVE ANY OBJECTION TO THE WITHDRAWALS AND I'LL SECOND IT, THE SECOND FOR THE POSTPONE POSTPONEMENT, IS THIS GOING TO BE TO OCTOBER 10TH, MADAME CHAIR, I SUGGEST Y'ALL, UM, MOVE IT TILL THE NOVEMBER 14TH MEETING, ESPECIALLY IF Y'ALL REQUESTING A SURVEY, A TREE SURVEY.

HE WON'T HAVE THAT IN TIME BY THE OCTOBER MEETING.

OKAY.

NOVEMBER AND I, I DON'T HAVE A PROBLEM NECESSARILY, CUZ I DO THINK, YOU KNOW, THROUGH LOTS, HAVE A HARDSHIP, BUT I JUST DON'T HAVE ENOUGH INFORMATION THAT HE'S EVEN ABLE TO DO WHAT HE WANTS TO DO.

I CAN RESPECT THAT.

YEAH.

UH, LENE, COULD YOU GIMME THE DATE ON THAT PLEASE? YES, IT IS NOVEMBER 14TH.

IS THAT OKAY WITH YOU BOARD MEMBER BY NOLAN? SURE IS.

IF, IF THAT, IF THE APPLICANT, UH, THINKS THAT'S GONNA GIVE HIM ENOUGH TIME.

SURE.

I'M EASY.

MR. STRINGIN DO YOU THINK THAT WILL BE ENOUGH TIME? I, I, I WILL, UH, AIM FOR THAT AND I, I SUPPOSE, UH, IF I NEED TO REQUEST A FURTHER POST POSTPONEMENT, CAN I WORK WITH ELAINE RAMIREZ IN ORDER TO DO THAT? I, I GUESS, OKAY.

I JUST DON'T KNOW WITHOUT HAVING CONTACTED THE TREE SURVEY, UH, OR SOMEBODY FOR TREE SURVEY, I DON'T KNOW WHAT THE AVAILABILITY WILL BE LIKE, BUT I, I, I WILL CERTAINLY TRY TO MAKE THAT WORK AND I WOULD START WITH THE CITY ARBORIST, WHO IS AVAILABLE FOR YOU.

UM, AND IT WON'T COST YOU, YOU CAN CALL THEM TO HAVE THEM AT LEAST COME OUT AND LOOK AND THEY CAN GIVE YOU KIND OF A BASIC IDEA BEFORE YOU PAY FOR A TREE SURVEY.

OKAY.

THANK YOU VERY MUCH.

MM-HMM ALL RIGHT.

SO WE HAVE A MOTION TO POSTPONE TO NOVEMBER 14TH, 2022 MADE BY BOARD MEMBER V OLAND SECONDED BY BOARD MEMBER BAIL.

YOU LET'S CALL THE VOTE TOMMY EIGHT.

OH, SORRY.

VICE CHAIR.

DID YOU HAVE A, I JUST WAS GONNA SAY THAT THAT THROUGH LOT SECTION THAT IS IN 25 DASH TWO DASH FIVE 15, BUT THAT'S ALSO PART OF THE CODE THAT, THAT WAS THERE SINCE THE EIGHTIES IT'S BEEN THAT CODE SECTION'S BEEN UPDATED TWICE.

AND SO I DO THINK IT'S WITHIN THE PURVIEW THAT THE BOARD CAN LOOK AT IT NOW WHILE HE MAY HAVE TO GO AND DO AN AMENDED PLAT OR SUCH ABOUT THAT BUILDING LINE, UH, THAT THAT WOULD BE ANOTHER ISSUE HE MIGHT HAVE ALONG THE WAY.

I JUST WAS LOOKING AT IT FROM A CODE PERSPECTIVE.

AND IT IS INTERESTING THAT ON SOME STREETS, THE CITY VIEWS THROUGH LOTS, BUT THEN YOU LOOK AT, UH, THE STREETS THAT BACK UP TO RIVERSIDE DRIVE WHERE IT HAS THAT HUGE BLUFF AND HOW SELECTIVELY THEY DON'T ACTUALLY APPLY THAT, UH, THROUGH LOT ON RIVERSIDE DRIVE.

UM, THAT WAS IT.

OKAY.

I, I AM IN FAVOR OF THE MOTION.

OKAY.

TOMMY A SAID YES, RIGHT? YES.

BROOKE BAILEY.

YES.

JESSICA CO YES.

MELISSA HAWTHORNE.

YES.

BARBARA MACARTHUR.

YES.

DARRELL PR YES.

AUGUSTINA RODRIGUEZ IS KAREN.

YEAH, NOT HERE.

RICHARD SMITH.

YES.

MICHAEL VAN OLIN.

YES.

NICOLE WADE.

YES.

CARRIE WALLER.

YES.

KELLY BLOOM.

YES.

OKAY.

POSTPONED TO NOVEMBER 14TH.

CARRIE HAS MORE CURLS MOVING ON.

ITEM

[5. C15-2022-0002 Marek Hnizda for Guadalupe Heights LLC 5413 Guadalupe Street]

FIVE, C 15 20 22 0 0 0 2.

MARK MISTA.

I HOPE I SAID THAT.

RIGHT FOR GUADALUPE HEIGHTS FOR 54 13 GUADALUPE STREET.

HELLO? IS HE VIRTUAL? YES.

OKAY.

SUPER.

AND YOU'RE ON THE LINE.

GIVE US A SECOND.

WE'LL GET YOUR PRESENTATION PULLED UP.

THANK YOU.

DID YOU HEAR THE SPIEL ABOUT THE 32ND DELAY? YES.

I'M GOING TO REFERENCE THE SLIDES BY NUMBER.

HOPEFULLY THAT HELPS SUPER.

OKAY.

YOUR PRESENTATION IS PULLED UP.

YOU HAVE FIVE MINUTES.

GO AHEAD.

THANK YOU SO MUCH.

UH, I APPRECIATE YOU, MADAM CHAIR AND UH, BOARD MEMBERS, UH, FOR HEARING OUR CASE TONIGHT, UH, HOPEFULLY IT'S, UH, A BIT MORE, UH, CONCISE AND APPROPRIATE, UH, FOR Y'ALL.

UM, I

[00:50:01]

HAVE SEVEN POINTS I'D LIKE TO MAKE, UH, REGARDING THIS VARIANCE REQUEST.

UM, FIRST AND FOREMOST IS THE ACTUAL VARIANCE.

UM, THE LOT ITSELF, UM, ALLOWS FOR MS. FOUR ZONING.

UM, AND I WANTED TO USE THIS, UM, PRESENTATION TO CLARIFY SOME THINGS THAT BOTH WE ARE PROPOSING, AS WELL AS, UH, WHAT, UM, SOME OF THE NEIGHBORS HAVE SPOKEN UP ABOUT.

UM, UH, IF YOU GO TO SLIDE TWO, THAT MIGHT BE A BETTER PLACE TO START.

UM, IF SLIDE TWO IS UP, UH, THIS SHOWS THE EXISTING BUILDING ON SITE, UH, AS YOU CAN SEE, IT'S OVERLAPPING A NUMBER OF DASHED LINES, UM, AND THOSE ARE, UH, SETBACK LINES.

UM, SO YOU CAN CLEARLY SEE THAT THE EXISTING BUILDING IS NONCONFORMING AND, UH, IF IT WERE TO BE REMOVED, WHICH IS OUR PROPOSAL, UM, WE WOULD NOT BE ABLE TO BUILD OUT, UM, SUCH A BUILDING EVER AGAIN.

UH, GOOD IN SLIDE THREE, I'M SKIP PURPOSELY SKIPPING ONE BECAUSE THERE WAS A, A MISLABELED, UM, PIECE OF INFORMATION THERE THAT SLIDE THREE INCORPORATES.

SO WE CAN JUST SKIP ONE ALTOGETHER GOING TO SLIDE NUMBER THREE.

UM, WHAT YOU SEE HERE IS A COMPARISON, UM, WITH ADDITIONAL INFORMATION, UH, WE WANNA SHOW YOU THE HARDSHIP OF THE SHAPE OF THE SLOT BEING A VERY, UM, ODD LEFTOVER SPACE.

UH, AND WHAT, UM, YOU CAN SEE ON THE LEFT SIDE IS A COMPARABLE, UH, LOT SIZE, UM, THE EXACT SAME SQUARE FOOTAGE, BUT THE BUILDABLE AREA IS MUCH HIGHER.

UM, THE LEFTOVER SPACE ALLOWING US TO BUILD ON OUR PROPERTY, WHICH IS THE PROPERTY ON THE RIGHT, UH, IS VERY, UH, IS, UH, GREATLY REDUCED.

UM, HOWEVER WE'RE ARE TRYING TO WORK WITH THE NEIGHBORHOOD.

UM, AND I'LL GET INTO THAT IN A LITTLE BIT, UM, TO STILL, UH, BE FRIENDLY NEIGHBORS WORK WITH THE PIECE OF PROPERTY, UM, AND OUR ONLY ASKING FOR, UM, A, UH, RELIEF ON THE LEFT SIDE GUADALUPE, UM, WHICH IS A MORE BUSY STREET.

UM, THE, UH, PORTIONS OF THE VARIANCE, WHICH RELATE TO STORY, UH, RELIEF ARE REALLY WITHIN THE SAME ENVELOPE.

AND I'LL GET TO THAT IN A FEW, UM, UH, LATER SLIDES.

UM, IT GOOD TO THE NEXT SLIDE FIRST, WHICH IS SLIDE NUMBER FOUR.

THIS SHOWS A PARKING LEVEL.

UM, I MENTIONED, UH, AN ENVELOPE WHICH WE'RE STILL WORKING WITHIN.

UM, THE FIRST LEVEL IS AN OPEN AIR PARKING LEVEL.

UM, WE HAVE, UH, WE ARE PROPOSING ONE ENTRY ALONG GUADALUPE BAY.

UM, UH, EVEN BEFORE, UM, RECEIVING SOME OF THE COMMENTS FROM NEIGHBORS, WE THOUGHT IT'D BE BETTER TO, UM, UH, KEEP ALL THE TRAFFIC OR, YOU KNOW, THE PARKING ENTRY AND EXITING FROM GUADALUPE RATHER THAN THE, UM, SEC, THE OTHER STREETS, 55TH AND, AND L RAY, UM, SORRY, I THINK WE NEED TO GO BACK ONE SLIDE.

SORRY, I, I'M SORRY FOR INTERRUPTING THE SLIDES.

ARE THERE, YOU KNOW, THAT'S THE SIDE.

YEAH.

OKAY.

UM, SO AS LONG AS YOU'RE LOOKING AT THE PARKING LEVEL, THAT'S THE ONE I'M TALKING ABOUT RIGHT NOW, UM, THIS, UH, THIS PARKING LEVEL IS OPEN AIR, SO YOU'D BE ABLE TO SEE THROUGH IT, UM, ACROSS, UM, TO NEIGHBORS AND GETTING LIGHT AND AIR THROUGH, UM, AND IT'S, UM, YOU KNOW, LAID OUT TO BE ABLE TO ACCOMMODATE ALL THE PARKING NEEDED FOR THIS PROPERTY.

SO, UH, YOU KNOW, NOT TO CONGEST THE ADJACENT STREETS, UM, WHEREAS, UM, YOU KNOW, A, A, A PROJECT NORTH OF THIS ONE, UM, HAS PARKING ON THE SITE, BUT IS REQUIRING, UM, ITS ADJACENT, UH, 55TH STREET IN THIS CASE, UH, TO ACCESS THAT, UM, THE NEXT SLIDE, UH, SHOWS YOU, UM, THE RESIDENTIAL LEVELS.

UM, AND, UH, THE ONE ON THE RIGHT, WHICH IS LEVEL FOUR REALLY IS AN OPTIONAL, WE'RE NOT NECESS, UH, NEEDING THAT LEVEL.

UM, THE MAIN, UH, THING WE WOULD SEE ON THE ROOFTOP WOULD BE, OR ON THE FOURTH, YOU KNOW, QUOTE LEVEL WOULD BE THE MECHANIC UNITS, WHICH WE TRY TO HIDE BY SCREEN, WHICH IS WHY WE INCLUDE IT HERE, BECAUSE MAINLY WE WANNA MAKE SURE WE CAN SHIELD THOSE FROM VISIBILITY.

UH, BUT IT'S REALLY THE SECOND AND THIRD LEVELS.

THAT WOULD BE THE RESIDENTIAL LEVELS HERE.

AND YOU CAN SEE A PRELIMINARY LAYOUT, HOW WE WOULD LIKE TO FRONT, UM, GUADALUPE STREET, UH, KEEPING, UM, UM, MORE OF A CONSISTENT NATURE TO GUADALUPE, UH, TO BUILD ON WHAT'S HAPPENING IN ONE BLOCK NORTH.

UM, THE NEXT SLIDE SHOWS YOU A VARIOUS SECTIONS, UM, AND THIS WAS IN THE ADVANCED PACKAGE.

SO I HOPE YOU ALL HAD TO GET A CHANCE TO DIGEST SOME OF THIS.

UM, THE MAIN THING I WANNA POINT OUT RIGHT NOW IS A THIN RED LINE, UH, WHICH SHOWS YOU THE, UM, ALLOWABLE BUILD OUT, UH, ON THIS PROPERTY.

UM, AND SO YOU CAN SEE THAT EVEN THOUGH WE ARE REQUESTING RELIEF OF TWO VERSUS, UH, TWO TO THREE STORIES OR THREE TO FOUR STORIES, IT'S STILL WITHIN THE SAME ENVELOPE, UM, IN THE, UH, 25 TO 50 FOOT SETBACK AREA, UM, IT'S ALLOWED TO BE, UM, TWO FEET OR, UH, OR TWO STORIES OR, OR, OR 30 FEET.

AND WE THINK THAT WE WOULD BE ABLE TO PUT IN PARKING PLUS TWO LEVELS IN THAT SAME HEIGHT.

SO NO ADDITIONAL

[00:55:01]

HEIGHT IS BEING REQUESTED.

WE WANT TO MAKE SURE WE CONFORM WITH COMPATIBILITY SETBACK, ESPECIALLY ON THE NEIGHBOR'S SIDE.

UM, OKAY.

SORRY TO INTERRUPT YOU, BUT YOU ARE FIVE MINUTES ARE UP.

OH, WOW.

OKAY.

SORRY ABOUT THAT.

THAT'S OKAY.

YOU'RE FINE.

DID YOU JUST WANNA QUICKLY FINISH YOUR LAST SENTENCE JUST TO, YEAH.

ONE, ONE LAST SENTENCE.

UM, WE THINK IT'S VITAL TO TALK TO THE NEIGHBORS.

I THINK WE'VE TRIED TO ADDRESS MANY OF THEM.

WE'RE CONTINUING TO TALK WITH THEM.

UM, THERE'S A LETTER FROM THEM, UH, FROM THE NEIGHBORHOOD BOARD, UH, WE'RE PRESENTING NEXT MONTH TO THEM ADDITIONALLY, AND THIS IS AN ONGOING EFFORT WITH THE NEIGHBORHOOD.

OKAY.

THANK YOU.

THANK YOU.

IS THERE ANY OPPOSITION? NOPE.

GEEZ.

IS THERE ANY OPPOSITION VIRTUALLY ELAINE, ELAINE.

ELAINE.

IS THERE ANY OPPOSITION VIRTUALLY? NO, THERE'S NOT.

OKAY.

SEEING NO OPPOSITION.

LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING, MOVE TO QUESTIONS FROM BOARD MEMBERS.

AND WE'LL START WITH, UH, BOARD MEMBER OF RONALD OLIN.

SORRY.

I SAW HIM FIRST.

WE'LL DO, UH, SINCE SEEMS EVERYBODY HAS A QUESTION.

I'LL START WITH THE MEMBERS ON THE DIAS AND THEN WE'LL MOVE TO THE VIRTUAL MEMBERS, BUT BOARD MEMBER, RONALD OLIN, I'M GONNA MOVE THIS ALONG REAL QUICK AND I'M GONNA MAKE A MOTION TO POSTPONE.

TWO REASONS.

ONE IS, I THINK HE'S GOT A LEGITIMATE HARDSHIP ON THE, UH, SHAPE OF THE LOT AND EVERYTHING, BUT HE DID EXPRESS SEVERAL TIMES.

HE'S GOT AN, THEY HAVE ONGOING NEGOTIATIONS WITH THE NEIGHBORHOOD AND WITH THE PEOPLE THAT ARE GONNA BE IMPACTED BY THIS DEVELOPMENT HERE.

AND SO HAVING HEARD THAT, I THINK IT'S MORE IMPORTANT THAT THOSE THINGS ISSUES GET RESOLVED BEFORE WE START DISCUSSING THIS, AND WE'RE GONNA BE ASKING A BUNCH OF QUESTIONS.

AND ONE OF THE THINGS THAT I KNOW THIS BOARD IS NORM DOES NORMALLY IS ASK THEM IF THEY'VE HAD THEIR DISCUSSIONS AND IT'S TAKEN IT TO THE NEIGHBORHOOD.

SO SEEING THAT, THAT IS STILL A PROCESS THAT IS ACTIVE, I WOULD LIKE TO WAIT UNTIL AFTER HE, HE TAKES IT TO THE NEIGHBORHOOD ASSOCIATIONS AND THE, THE IMPACTED PEOPLE AND BRING IT BACK TO US.

AND ALSO I, WHILE I GOT THE FLOOR, I ON PAGE 36 OF 39, ITEM FIVE OF 36, I THINK THAT ENTRY AND ENTRANCE IS PROBABLY GONNA SERVE HIM MUCH BETTER, UH, HAVING AN ENTRANCE ON AND AS WELL AS 55TH STREET, BECAUSE THAT SECTION OF WATERLOO, UH, IS TIGHT AND PEOPLE COME BARRELING DOWN THERE AND GETTING IN AND OUT OF THERE, THAT'S, THAT'S GONNA BE A SAFETY ISSUE.

SO THAT'S MY LITTLE PART.

I DON'T KNOW IF I HAVE A SECOND.

OKAY.

I JUST I'LL SECOND THAT, OKAY.

UH, WAS THAT, WAS THAT VICE CHERYL HAWTHORNE? YEAH.

YES.

SORRY, GO AHEAD.

UH, BORDER BAILEY.

MY QUESTION'S FOR MICHAEL.

SO HE'S SHOWING ALL THESE LEVELS, INCLUDING PARKING BEING ONLY 10 FOOT, INCLUDING EVERYTHING, ALL THE MECHANICAL, ALL EVERYTHING.

IS THAT EVEN POSSIBLE, ESPECIALLY WITH CARS, TRUCKS, LIKE I KNOW, I THINK YOUR ONE TRUCK IS TALLER THAN 10 FEET.

WELL, I ACTUALLY LET THAT TRUCK GO, BUT MY, MY LITTLE 55 CAN GET UNDER THERE.

UM, YEAH, SOME TRUCKS, UH, THEY'RE GONNA HAVE TO HAVE THOSE BARS ACROSS, LIKE WHAT WE HAVE DOWNSTAIRS HERE, RIGHT? BECAUSE A, A LIFTED TRUCK WITH A HEADACHE RACK PROBABLY WOULDN'T GET IN THERE, BUT IS TIN HAD EVEN ENOUGH FOR ALL THE LEVELS OF THE APARTMENT BUILT OR THE CON WHATEVER THEY'RE GONNA BE? THE LIVING UNITS.

I, I WOULDN'T RESIDENTIAL.

YES.

AND PARKING .

THANK YOU, MELISSA.

YOU HAVE TO, YOU HAVE TO HAVE SEVEN FOOT CLEAR IN A GARAGE, RIGHT.

THAT INCLUDES ANY STRUCTURAL MEMBERS, SPRINKLER HEADS, SEVEN FOOT CLEAR IS YOUR, AND UNLESS YOU HAVE A VAN SPACE AND THEN THE VAN SPACE NEEDS 14 FOOT.

OKAY.

FOR HANDICAP, MY TRUCK MICHAEL TRUCK COULDN'T FIT ANYWHERE.

IT WAS LIFTED.

YEAH.

IT WAS JUST, OKAY.

SO HANG ON.

I THINK I SAW, UH, BOARD MEMBER MACARTHUR'S HAND GO UP FIRST.

SO LET'S START WITH HER.

OKAY.

I REALLY DO SUPPORT A POSTPONEMENT ON THIS BECAUSE, UM, I KNOW THIS AREA WELL, AND I LOOKED AT YOUR PRESENTATION.

AND ONE OF THE THINGS YOU TALK ABOUT IS THE COMPATIBILITY SETBACK FROM GUADALUPE, WHICH YOU'RE ADDRESSING IT ON GUADALUPE, BUT DIRECTLY ACROSS GUADALUPE IS NOT THE ZONING THAT CAUSES COMPATIBILITY.

SO I'M CONFUSED ABOUT THAT.

IT'S LOW RISE OFFICES.

SO I THINK THERE'S A LOT OF THINGS YOU NEED TO LOOK INTO, ESPECIALLY LIKE THAT COMPATIBILITY ON GUADALUPE.

AND I THINK THAT WE GOT A LOT OF FEEDBACK FROM, WE GOT FEEDBACK FROM TWO SOURCES, UH, A GROUP THAT LIKES TO SEE NEW

[01:00:01]

REDEVELOPMENT AND A LOT OF THE PEOPLE WHO LIVE VERY CLOSE TO THE PROJECT IN MODEST HOMES WHO ARE CONCERNED ABOUT THE SCALE OF IT.

SO IF YOU ARE MEETING, I URGE YOU TO MEET WITH ALL THE PEOPLE AND THEN TO REVISIT THE CITY AND ASK THEM ABOUT THAT COMPATIBILITY SETBACK ON GUADALUPE, BECAUSE IT'S NOT BORDERING RESIDENTIAL.

MAY I RESPOND? UH, WAS THAT A QUESTION BOARD MEMBER MACARTHUR? UM, IT'S A SUGGESTION.

THAT'S A COMMENT.

OKAY.

HE HAS AN ANSWER.

I'D LIKE TO HEAR IT.

OKAY, GO AHEAD.

YOU CAN YOU, UM, WE HAVE SPOKEN TO THE CITY, UM, THE CITY OF, AS LONG AS WE APPLY, UH, COMPLY WITH UTILITIES IS OKAY WITH THIS PROPOSITION.

UH, THE COMPATIBILITY OF THE GUANG GUADALUPE IS ONLY BECAUSE OF THE RESIDENTIAL SIDE THAT ACTUALLY COMPATIBILITY AFFECTS THE BACKSIDE OF THIS PROPERTY.

UH, IT'S NOT THE NEIGHBOR, THE ACROSS THE STREET LOT.

THAT'S AFFECTING GUADALUPE SIDE.

SO IT'S 10 64, UM, THE 25 TO 10 64, WHICH SAYS THAT YOU'RE ADJACENT PROPERTY, THAT, THAT 25 FOOT CARRIES OVER IF YOU'RE ADJACENT.

YEAH.

THAT WHAT YOU'RE IS ELAINE, IS THAT CORRECT? I BELIEVE SO.

WHICH IS WHAT WE'RE ASKING RELIEF FROM.

OKAY.

WHAT OTHER, UH, BOARD MEMBER BAILING, AND ALSO, YOU SAID YOUR UNDERGROUND GARAGE IS, IS PARKING IS COMPLETELY OPEN TO THE NEIGHBOR.

IT'S ALSO RIGHT UP AGAINST THE PROPERTY LINE.

SO I WOULD BE VERY CAREFUL ON HOW YOU SCREEN THAT.

UM, BECAUSE YOU'RE GOING TO AFFECT YOUR NEIGHBORS A LOT BY BEING, YOU KNOW, PARKED RIGHT UP AGAINST THEIR FENCE LINE.

THE OTHER THING IS, YES, YOU HAD A NOTE FROM ONE PERSON THAT'S ON THE NEIGHBORHOOD BOARD WHO SAID THEY MIGHT BE ABLE TO SUPPORT IT, BUT THEY HADN'T MET WITH YOU YET.

SO THAT'S NOT REALLY A LETTER OF SUPPORT.

IT'S A, MAYBE ONCE YOU MEET WITH THEM.

SO I WOULD DEFINITELY MEET WITH THE NEIGHBORHOOD ASSOCIATION AS A WHOLE, NOT JUST ONE PERSON.

OKAY.

WELL, WE DO HAVE A, A MOTION TO POSTPONE WILL OCTOBER 10TH, WORK FOR EVERYBODY, OR THAT'S A LOT OF, OR WE JUST POSTPONING IN THE NEIGHBORHOOD.

I DID HAVE, I DID HAVE ONE COMMENT, UH, FOR THAT APPLICANT, IF THAT'S POSSIBLE BEFORE WE VOTE.

GO AHEAD.

SO WHAT I REALLY THINK THAT YOU ALL TO DO IS YOU COMPATIBILITY COMES IN AND IT SAYS TWO STORIES, 30 FEET AND HEIGHT, THREE STORIES, 40 FEET AND HEIGHT.

AND WHAT YOU'RE TRYING TO DO IS TAKE THE 30 FEET OR THE 40 FEET THAT YOU'RE ALLOWED, I THINK, AND JUST HAVE AN ADDITIONAL STORY WITHIN THAT VOLUME.

AND IF THE AREA THAT YOU'RE REALLY SAYING THAT YOU WANT, THAT YOU'RE TRYING TO PUT THE MECHANICAL ON SCREEN, THE MECHANICAL YOU MIGHT WANNA DO BETTER, UM, SOMEHOW WHERE, WHERE THERE'S THAT LIMITATION IN WHAT YOU'RE TRYING TO SCREEN AND, AND HOW THAT'S GONNA LOOK.

UM, ODDLY THERE IS A LITTLE, THERE'S A LITTLE BUILDING DOWN, UH, AT THE CORNER OF SIX IN LAMAR, WHERE BY GEORGE AND, AND IT HAS A VERY INTERESTING, UM, CONFIGURATION WHERE IT HAS PARKING AND THEN IT, IT HAS SOME UNITS.

NOW, GRANTED, THEY'RE NOT RESIDENTIAL, BUT IT IS WELL SCREENED FROM THE ADJACENT NEIGHBOR NOW IS LIKED, UM, THAT AS A, YOU KNOW, WHERE YOU HAVE A SHALLOW SIDE AND YOU HAVE COMPATIBILITY FROM THE BACK THAT YOU, YOU WERE SCREENING AGAINST LIGHTING AND SUCH.

AND IF YOU HAVE AN OPEN GARAGE, YOU'RE GONNA LIGHT THAT FOR SAFETY PURPOSES.

AND IF IT'S ADJACENT TO SOMEBODY'S HOUSE, THAT'S, THAT'S PRETTY SIGNIFICANT.

AND THE ONLY THING THAT THE CODE REQUIRES YOU TO HAVE BETWEEN THE TWO OF YOU IS A SIX FOOT CRAPPY WOODEN FENCE, SORRY FOR MY DESCRIPTIVE WORDS, BUT