[CALL TO ORDER]
[00:00:03]
IT IS 5:39 PM ON OCTOBER 10TH, 2020 22.
HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER.
DID I MISS ANYONE? 1, 2, 3, 4, 5 6 79.
THAT'S NOT, NOPE, THAT'S EVERYBODY.
COUPLE OF QUICK HOUSEKEEPING RULES.
YOUR CELL PHONES ARE SET THEM TO VIBRATE.
AFTER YOUR CASE IS OVER, PLEASE SAY THAT ANY QUESTIONS YOU HAVE FOR THE BOARD LIAISON TILL TOMORROW, SEND HER AN EMAIL.
SHE'LL GET BACK TO YOU RIGHT AWAY.
BUT FOR RIGHT NOW, FOR TONIGHT, WE'RE GOT A REALLY FULL SCHEDULE.
SO PLEASE HOLD IT TILL TOMORROW.
UH, WHEN YOU'RE DONE WITH YOUR, UH, HEARING, PLEASE EXIT OUTSIDE THE LOBBYING.
WE'LL TRY TO GET THROUGH THIS AS QUICKLY AS WE CAN IF YOU, OH, SORRY.
WHEN YOU'RE ADDRESSING THE BOARD, UH, THERE IS SOME OPPOSITION TONIGHT.
PLEASE ONLY ADDRESS THE BOARD.
AND I THINK WE'RE PROBABLY GONNA END UP MEETING TO TAKE A BREAK TONIGHT.
SO WE USUALLY TAKE A, A SHORT RECESS ABOUT EIGHT O'CLOCK FOR ABOUT 10 MINUTES.
SO IF YOU GOT THE LITTLE PARKING CARD, THERE'S A LITTLE CLAMSHELL OVER THERE.
MAKE SURE YOU GO OVER, STAMP IT AND WRITE THE NUMBER INTO THE PIECE OF PAPER.
AND THAT VALIDATES YOUR PARKING SO YOU DON'T HAVE TO PAY.
ANYONE WHO'S GOING TO BE GIVING TESTIMONY TONIGHT TO THE BOARD, IF YOU'RE GONNA BE SPEAKING BEFORE THE BOARD, I NEED YOU TO PLEASE RISE AND I'M GOING TO ADMINISTER YOU IN 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.
[APPROVAL OF MINUTES]
ITEM ONE, THE APPROVAL OF THE MINUTES FROM THE SEPTEMBER 12TH MEETING.UM, I MOVE TO APPROVE THE MEETING, THE MINUTES FROM THE SEPTEMBER MEETING.
I'VE GOT A MOTION TO APPROVE MADE BY BOARD MEMBER BAILEY, SECONDED BY VICE CHAIR HOR.
ANY DISCUSSION BEFORE WE VOTE? OKAY.
I'LL UNDERSTAND IT WASN'T HERE.
[2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda.]
ITEM TWO.THIS WILL BE THE DISCUSSION OF STAFF AND APPLICANT POSTPONES AND WITHDRAWALS.
TONIGHT WE HAVE TWO WITH, OR SORRY, TWO POSTPONEMENTS.
UH, ELAINE, COULD YOU GIVE ME THOSE KEYS NUMBERS, PLEASE? YES, MA'AM.
UM, ITEM NINE C 15 DASH 2022 DASH 0 0 60 16 0 9 MATTHEWS LANE.
UM, AUSTIN ENERGY HAS DENIED THIS REQUEST BECAUSE THEY HAVEN'T HAD ENOUGH TIME, AMPLE TIME TO REVIEW IT.
UM, SO WAIT, THEY HAVEN'T HAD ENOUGH TIME, CUZ I THOUGHT IT WAS SUBMITTED.
I JUST WANTED MAKE SURE, SORRY.
THE APPLICANT'S REQUESTING A POSTPONEMENT FOR THIS ONE.
[00:05:01]
C 15 DASH 2022 DASH 61 14 0 1 EAST THIRD STREET.AUSTIN ENERGY HAS DENIED THIS CASE AND HASN'T HAD ENOUGH TIME TO REVIEW THIS, THIS CASE.
SO THERE ARE TWO CASES TO BE POSTPONED.
DO I HAVE A MOTION? BOTH OF 'EM POSTPONE UNTIL NOVEMBER 14TH.
UM, I THINK ON ONE OF 'EM WE HAVE TO DO A DIFFERENT ACTION.
WE CAN'T JUST DIRECTLY POSTPONE THE RECONSIDERATION.
WE HAVE TO VOTE ON THE RECONSIDERATION FIRST AND THEN POSTPONE IT ONCE WE, ONCE WE SAY THAT WE'RE GONNA RECONSIDER IT OR NOT RECONSIDER IT.
NO, YOU WOULD DO THE, UH, POSTPONEMENT ACTION FIRST.
IT WOULD BE THREE SEPARATE ACTIONS.
WE'VE ALWAYS DONE IT THE OTHER WAY.
HISTORICALLY WE'VE ALWAYS HAD TO RECONSIDER IT FIRST.
CAUSE IF YOU DON'T OPEN THE CASE, YOU CAN'T POSTPONE IT.
THAT'S WHAT WE WERE, YEAH, BECAUSE IF WE VOTE TO NOT RECONSIDER IT, THEN THERE'S NO POINT IN POSTPONE IT, BUT SO YOU'RE GONNA RECONSIDER AND THEN POSTPONE? NO, I MEAN, WE VOTE TO RECONSIDER IT AND THEN POSTPONE THE RECONSIDERATION.
WE HAVE TO OPEN THE CASE FIRST.
JUST THAT HISTORICALLY THAT'S HOW WE'VE ALWAYS DONE IT.
ONLY BECAUSE IF WE DENY THE RECONSIDERATION, THERE'S NO POSTPONE THAT.
AND IT WAS NINE AND 11, RIGHT? ELAINE? MM-HMM.
SO IF NO ONE HAS A PROBLEM WITH IT, I KNOW TOMMY HASN'T JOINED US YET, BUT I'D LIKE TO TAKE THINGS OUT OF ORDER ON THE AGENDA.
LET'S GO AHEAD AND DO THE RECONSIDERATION NOW.
UH, AND THEN IF WE DO, UH, APPROVE THE RECONSIDERATION, WE CAN VOTE ON THE POSTPONEMENT AND IF THE POSTPONEMENT FAILS, WE CAN MOVE IT BACK INTO THE AGENDA AND THE CORRECT ORDER AND HEAR IT.
IT'S APPROPRIATE TIME IF EVERYONE'S OKAY WITH THAT.
SO WITH THAT THEN LET'S MOVE QUICKLY TO ITEM NINE.
THIS WILL BE A MOTION TO RECONSIDER C 15 20 22 0 0 6 0.
BH TWO COMPANY 1 69 MATTHEWS LANE.
DO I HAVE A MOTION TO RECONSIDER? SECOND.
MOTION WAS MADE BY BOARD MEMBER V OLAND, SECONDED BY BOARD MEMBER BAIL.
CAUSE YOU WERE WRITING DOWN THE SECOND THAT'S CALLED THE BIRDS.
SO THE ITEM, AND IT'S GOING TO BE RECONSIDERED.
AND THEN I'M GOING TO GO AHEAD AND MAKE A MOTION TO INCLUDE THAT CASE WITH THE POSTPONE FOR THE EE DENIAL.
AND POSTPONED BOTH OF THOSE TO NOVEMBER 14TH, RIGHT? YES.
MEANING, ANY OBJECTIONS? NO DISCUSSION.
AND LET'S CALL THE BOAT ON POSTPONES BROOKE.
THOSE CASES ARE POSTPONED TILL NOVEMBER 14TH.
AND THEN WE'RE GONNA GO AHEAD AND CLOSE THE PUBLIC HEARING FOR THAT.
[00:10:05]
NEXT[3. C16-2022-0004 Apple Tree Holdings LLC, Tony Nguyen 4507 N IH 35 SVRD NB]
STEP WILL BE PAGE, BECAUSE THEY'RE GOING TO BE PREVIOUS POSTPONEMENT SIGN PIECES.WE'LL BE STARTING WITH ITEM THREE C 16, 20 22 0 0 0 0 4.
TONY GWEN, 45 0 7 NORTH INTERSTATE, HIGHWAY 35, SERVICE ROAD, NORTHBOUND.
STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES ONCE WE GET YOUR PRESENTATION UP.
I'M THE, UH, DIRECTOR FOR APPLE TREE HOLDINGS.
AND, UM, WHAT, UM, WE WANTED TO, TO GO OVER, UM, BASICALLY PICKING OFF WHERE WE LEFT OFF LAST TIME IS THAT MY UNDERSTANDING IS THAT THE, UM, REALLY THE ONLY VIABLE IDEA I THINK THAT WE COULD BRING BEFORE THE BOARD, UH, JUST BASED ON THE, THE FEEDBACK WAS THAT, UM, WE COULD ONLY, UH, PROBABLY, PROBABLY BE CONSIDERED FOR A MONUMENT SIGN WITH A SETBACK, UH, VARIANCE.
BUT THE ISSUE THAT WE RUN INTO IS THAT, UM, WE HAVEN'T RECEIVED ANY ADDITIONAL GUIDANCE ON WHERE TO PLACE JUST THE PERMITTED SIGN, MUCH LESS, UM, THE CLEARANCE DISTANCE THAT WE WOULD NEED FOR ANY KIND OF SIGN.
UM, SO WHAT, UM, I WANTED TO SEE IS IF IT'S AT ALL POSSIBLE, UM, FOR US TO MAYBE REQUEST ADDITIONAL TIME.
I DID REACH OUT TO THEM, UM, ON OCTOBER THE 11TH, UM, AND FOLLOWED UP ON THE FIRST, UH, JUST AN EMAIL AND THEN SINCE THEN OF JUST BEEN CALLING, TRYING TO GET HOLD OF, OF ANYBODY, UM, THAT COULD MIGHT, THAT MIGHT BE ABLE TO ANSWER THAT.
UM, AND SO I THINK THAT, THAT, IF THAT'S REALLY THE, THE ONLY OPTION THAT WE HAVE, UM, JUST BEFORE THIS BOARD, UM, YOU KNOW, WE WOULD, WE WOULD ASK FOR, UM, SOME ADDITIONAL TIME.
UM, IF NOT, UH, IF THERE IS, UH, YOU KNOW, ANYTHING THAT WE CAN, THAT, THAT IS VIABLE ON THIS PRESENTATION, UM, WE, YOU KNOW, WOULD ALSO LIKE TO BE CONSIDERED FOR THAT.
UM, I DID HAVE AN OPPORTUNITY TO MEET WITH THE ASSOCIATION, UM, AND, UM, IT WAS A VERY, VERY FRIENDLY MEETING.
UM, AND WE JUST KIND OF WENT OVER, UH, BASICALLY WHAT, WHAT I SUBMITTED SOME OF THE RENDERINGS AND, UM, SOME OF THE IDEAS THAT I HAD JUST TO ADDRESS THE MAIN CONCERN, WHICH WAS THE LIGHT POLLUTION.
AND I THINK THAT WE, BASED ON THE DESIGN THAT WE, UM, WE DREW UP AND, UM, PRESENTED, UM, I DON'T SEE, I MEAN, I SEE JUST THE, THE LIGHT POLLUTION ISSUE BEING JUST ELIMINATED ALL TOGETHER.
UM, AND THE OTHER ISSUE WAS, UM, JUST, UH, THE, THE OVERALL SIZE AND, AND THE HEIGHT.
UM, AND WE JUST DISCUSSED, UH, OPTIONS ON HOW TO MAYBE COME TO A COMPROMISE, UM, AND MAYBE NOT MAKE IT AS BIG OR AS, UH, TALL AS WE ORIGINALLY HAD PLANNED.
UH, REALLY WHAT WE'RE TRYING TO DO IS, UM, JUST DO ANYTHING THAT WE COULD TO INCREASE THE VISIBILITY.
UM, THE OTHER CONCERN WAS JUST THAT WE'RE SETTING, UM, WOULD BE SETTING A PRECEDENT, UH, FOR OTHER BUSINESSES.
BUT, UM, AND I, AND I DO AGREE WITH THAT, BUT I THINK THAT THE, THE MAIN IDEA OR THE MAIN PURPOSE OF COMING BEFORE THIS BOARD TO EVEN HAVE THE OPPORTUNITY TO BE HERE IS TO HAVE SOME SORT OF A HARDSHIP.
SO I DON'T, AND I'VE STUDIED THE HIGHWAYS, UM, IN TOWN AND BUSINESSES ALONG THE FRONTAGE, AND I'M, I DON'T SEE ANY OTHER BUSINESSES THAT ARE, YOU KNOW, TUCKED IN BEHIND, UH, PROTECTED TREES.
UH, THE LIVE OAK AND THE PECAN THAT WE HAVE RIGHT IN FRONT, UM, OR THAT ARE OBSTRUCTED BY, BY OTHER NEIGHBOR, UH, NEIGHBORS SI UM, EXCUSE ME, NEIGHBORS TREES.
SO, UH, JUST ON THAT BASIS, I MEAN, I DON'T KNOW IF, UM, IF THE MONUMENT SIGN IS THE ONLY THING THAT WE CAN DO.
IF IT IS, UM, WE WOULD JUST ASK FOR A POSTPONEMENT JUST BECAUSE WE HAVEN'T HEARD BACK, UM, ANYTHING, UH, YES OR NO FROM AUSTIN ENERGY.
BUT WITH THAT, I JUST WANTED TO MAKE IT, KEEP IT SHORT.
SHE'S GOT A CALL FOR THE, ANY OPPOSITION.
YEAH, BUT, AND WE, I THINK THERE IS SOME.
DO WE HAVE OPPOSITION ON THE CASE? OKAY.
IF I COULD GET YOU TO JUST TAKE A SEAT AND
[00:15:01]
Y'ALL COME ON UP.NEED YOU TO STATE YOUR NAME FOR THE RECORD.
IS THIS THE ONLY OPPOSITION? OKAY.
Y'ALL WILL HAVE FIVE MINUTES TO SPLIT BETWEEN THE TWO OF YOU.
MY NAME IS MARY STANTON AND I AM REPRESENTING THE DELWOOD TWO NEIGHBORHOOD ASSOCIATION.
AND WE DID HAVE A MEETING WITH, UH, MR. BARRA AT OUR, UM, SEPTEMBER NEIGHBORHOOD MEETING AND DISCUSSED, HE PRESENTED OPTIONS OF A CHANGE IN THE WAY THE SIGN WOULD BE RATHER THAN A BOX SIGN, A V-SHAPE THAT WOULD ADDRESS THE LIGHT POLLUTION ISSUE.
UM, AFTER OUR DISCUSSION WITH HIM, UM, THE NEIGHBORS STILL FEEL THAT THE SIGN AS PRESENTED IN THE PRESENTATION IS JUST TOO TALL, TOO LARGE, AND KIND OF IS STICKING UP ABOVE OUR TREE CANOPY.
WE ARE IN RESIDENTIAL NEIGHBORHOOD.
THE BUSINESSES THAT ARE LOCATED ALONG THAT STRIP HAVE BASICALLY BEEN IN HOMES THAT WERE CONVERTED TO A LIMITED OFFICE FUNCTION AND ZONING.
SO WE, UM, WE DEFINITELY COULD COMPROMISE ON MAKING THE SIGN SMALLER AND IF WE KNEW WHAT THOSE DIMENSIONS WERE.
SO THAT'S BASICALLY JUST THE SIZE AND HEIGHT.
YOU STILL HAVE FOUR MINUTES? YEAH, GO AHEAD.
AND, UH, I'M STEVINS SINCLAIR AND ALSO, UH, A MEMBER OF THE DEALT TWO NEIGHBORHOOD ASSOCIATION.
UM, AND YEAH, JUST TO ECHO WHAT MARY SAID, YOU KNOW, I'VE LIVED IN THE NEIGHBORHOOD FOR 15 YEARS MYSELF, UM, VERY FAMILIAR WITH THE SIGN IN QUESTION.
I I'VE WATCHED THE PECAN TREE THAT THAT'S ON THE FRONTAGE ROAD GROW OVER TIME.
IT USED TO BE THAT YOU COULD SEE THE DIGITAL TIME OF TEMPERATURE METER BELOW THE SIGN, CLEARLY FROM THE STREET LEVEL, BUT THE, THE TREE HAS GROWN AS IT'LL DO.
I MEAN, I'M, I'M SURE IT WAS PLANTED BY A SQUIRREL YEARS AGO AND IN, YOU KNOW, UH, NO FAULT OF ANYONE WHO LIVES THERE, BUT, UM, IT'S GONNA CONTINUE TO DO SO.
AND YOU KNOW, MY FEAR WOULD BE THAT, UH, BY GRANTING THIS VARIANCE, IT WOULD BE SETTING A PRECEDENCE.
AND WHO'S TO SAY THAT THE TREES IN THAT AREA ARE NOT GONNA CONTINUE TO GROW AND, YOU KNOW, WE'LL WANT A, AN EVEN HIGHER SIGN AT SOME POINT IN THE FUTURE.
UM, I, YEAH, I JUST FEEL LIKE, UM, GRANTING OF VARIANCE WILL, UH, SET A PRECEDENT FOR, FOR SOMETHING THAT'S GONNA BE VERY OUTTA CHARACTER, UH, WITH THE NEIGHBORHOOD.
AND, UM, AND, AND THE CHARACTER OF THE NEIGHBORHOOD, I WILL SAY IS SOMETHING THAT, UH, I CARE A LOT ABOUT AND, AND A LOT OF THE NEIGHBORS DO.
UM, THIS IS PROBABLY THE, THE TIGHTEST KNIT COMMUNITY THAT I'VE EVER LIVED IN.
UH, IT REALLY IS A SPECIAL PLACE AND, UM, WE, YEAH, WE'RE A NEIGHBORHOOD THAT WOULD WANTS TO FIGHT TO KEEP IT THAT WAY.
UH, SO FOR THOSE REASONS, UM, YEAH, I'M OPPOSED AS WELL.
AND THEN FROM THE APPLICANT, YOU DO GET A TWO MINUTE REBUTTAL.
UM, SO YEAH, THAT, THAT, THAT'S ACTUALLY SOMETHING, UH, THE TREE THAT IS IN FRONT IS THE TREE THAT, UM, IS OUTSIDE OF THE SURVEY.
UM, SO THAT'S ACTUALLY ONE OF THE REASONS THAT, UM, WE, UH, WANTED TO BRING, UM, A PRESENTATION BEFORE THE BOARD.
UM, IT'S ONE OF THE CHIEF REASONS THAT, UH, WE EVEN THOUGHT OF IT.
UM, ACTUALLY MET WITH THE, UM, UH, PERMITTING DEPARTMENT AND, UM, THEY ASKED IF, UH, WE HAD EVER CONSIDERED MAYBE DOING A VARIANCE OR IF WE'D HEARD OF THAT PROCESS.
UM, JUST TO KINDA GET, UH, JUST SOME GENERAL IDEAS.
I WENT, WENT DOWN THERE AND JUST, UH, YOU KNOW, KIND OF RAN IT BY THEM.
UM, SO THAT, THAT'S ONE OF THE REASONS THAT WE'RE HERE, UM, IS REALLY, UH, HAS A LOT TO DO WITH THAT TREE THAT, THAT, UM, IS PROTECTED AND IS OFFSITE, UH, OUTSIDE OF THE SURVEY.
UM, AND ALSO WE DO, WE AGREE, UM, AND THAT'S ONE OF THE REASONS THAT WE SAT WANTED TO SIT DOWN, UH, WITH THE ASSOCIATION IS TO, UH, ADDRESS OUR CONCERNS.
AND IT'S A VERY NICE NEIGHBORHOOD.
UM, EVERYBODY'S VERY FRIENDLY.
UM, AND THAT'S, THAT IS WHAT MAKES IT UNIQUE IS THAT THERE ARE A LOT OF TREES, BUT AT THE SAME TIME, UM, YOU KNOW, THAT TREE COVER IS, UM, SOMETHING THAT'S JUST, IT, IT OBSCURES, UH, WHERE WE ARE.
UM, YOU CAN'T SEE SO MUCH THE BUILDING, BUT REALLY THE ONLY THING YOU CAN SEE IS THE SIGN.
AND SO THAT'S WHY WE'RE JUST SEEING IF THERE'S ANYTHING THAT, UM, MAYBE WE COULD GET CONSIDERED TO JUST IMPROVE THAT VISIBILITY.
UM, EVEN IF IT WERE, LET'S SAY, UH, WE ASKED FOR, YOU KNOW, 200 SQUARE FEET IN THIS, IN A, IN A SIGN THAT WOULD GO UP TO 50 FEET.
I MEAN, EVEN IF WE HAD, I THINK, UM, AN ADDITIONAL 10 FEET TO WORK WITH AND, UM, EVEN 50% OF THE SIZE OR EVEN 25% OF THE SIZE, JUST ANYTHING, I THINK THAT WOULD, UM, THAT WOULD ALLOW US TO HAVE INCREASED VISIBILITY WOULD JUST BE VERY, VERY HELPFUL.
UM, BUT WITH THAT, I, UH, YIELD BACK.
[00:20:01]
YOU VERY MUCH.LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.
MADAM CHAIR, UH, BOARD MEMBER BON OLIN, I'VE BEEN FOLLOWING THIS CASE.
UH, THE LAST COUPLE OF TIMES HE, UH, HE PRESENTED TESTIMONY.
I WASN'T HERE, BUT I WAS FOLLOWING IT ON THE, I WATCHED THE VIDEOS, NOT LIKE I HAVE MUCH OF A PERSONAL LIFE, BUT THAT'S WHAT I DO BEFORE I COME IN.
NUMBER ONE THING I'D LIKE TO CLARIFY IS THE DECISIONS THAT WE MAKE UP HERE ON THE DI DO NOT SET UP PRECEDENT.
EACH CASE IS INDIVIDUAL OF ITS OWN.
AND THEREFORE, EACH PROPERTY THAT OUR DECISIONS DRIED WITH THAT PROPERTY, NOT SO IT WON'T SET A PRECEDENT.
WE HAVE PEOPLE DON'T UNDERSTAND THAT EACH U EACH CASE IS UNIQUE AND STANDS ON ITS OWN MERITS, NUMBER ONE.
NUMBER TWO, I'M GONNA MAKE A TWO.
I'M GONNA MAKE A MOTION TO GRANT YOU THE POSTPONEMENT THAT YOU WANT BECAUSE I THINK YOU'RE WORKING WITH THE NEIGHBORHOOD AND I DO UNDERSTAND WHERE THEY'RE COMING FROM.
I WILL SAY THIS, UH, BEING PROBABLY THE LONGEST SITTING MEMBER UP HERE AND BEING ON THE SIGN REVIEW BOARD FOR SINCE DAY ONE, I'M NOT A BIG PROPONENT ABOUT MAKING SIGNS TALLER OR BIGGER ANYMORE IN AUSTIN.
IT USED TO BE BACK, UH, YOU KNOW, IN, WHEN I FIRST GOT APPOINTED IN THE NINETIES OR WHATEVER IT WAS, WE DIDN'T HAVE GPS.
WE DIDN'T HAVE THE ABILITY TO LOCATE A PLACE.
BUT I DO SUPPORT THE MONUMENT SIGNS.
AND AS I TRAVEL ACROSS THE COUNTRY, I NOTICE A LOT OF MUNICIPALITIES ARE NOW GOING TO THE MONUMENT SIGNS.
UM, WHAT I, I WOULD PROBABLY EVEN BE OPEN THEN.
I'M ONLY TALKING FOR MYSELF, NOT THE OTHER MEMBERS, TO POSSIBLY GRANTING A, A VARIANCE FOR MAYBE A SIZE OR THE DESIGN BASED ON THE DESIGN AND YOUR NEEDS.
I UNDERSTAND WHERE YOU'RE COMING FROM, BUT I ALSO AGREE WITH THE, THE NEIGHBORHOOD ASSOCIATION THAT NO MATTER HOW TALL YOU GO, ESPECIALLY IF IT'S A PECAN TREE, YOU'RE GONNA GO UP, THAT TREE'S GONNA GROW.
AND I, I'M FAMILIAR WITH WHERE YOU'RE AT CUZ IT USED TO BE A PET PLACE YEARS AGO AND THEN YEARS BEFORE THAT IT WAS SOMETHING ELSE.
I USED TO, I COME UP THERE ALL THE TIME.
AND SO ANYBODY WHO IS LOOKING FOR YOUR BUSINESS COMING FROM THE EXPRESSWAY IS GONNA HAVE TO GO ALL THE WAY, ALMOST A 38 AND A HALF AND TURN AROUND AND COME BACK AND GET ON THE FRONTAGE ROAD.
AND SO I THINK A MONUMENT SIGN, A GOOD SIZE MONUMENT SIGN IN A V-SHAPE THAT DOESN'T AFFECT THE NEIGHBORHOOD WOULD PROBABLY SERVE YOU JUST AS WELL.
BUT I'M REALLY, AND ONLY MY, I'M ONLY TALKING TO MYSELF ABOUT MYSELF.
I AM NOT SUPPORTING PEOPLE GOING TALLER AND GETTING BIGGER.
SO YOU JUST KNOW WHERE ONE YEAR VOTES ARE, YOU KNOW WHAT I'M SAYING? UH, AND I'M NOT DOING THAT TO BE HARDNOSED OR ANYTHING.
IT'S JUST, THAT'S, THAT'S MY VIEW ON, ON, UH, AUSTIN TODAY.
SO I'M GONNA MAKE A MOTION TO POSTPONE AND, UH, GRANT HIM THE OPPORTUNITY BECAUSE ALSO I, WE WE'RE GONNA NEED THE DESIGN.
SEE WHAT YOU NEED AND YOU'RE GONNA NEED TO GET WITH WHOEVER'S GONNA DESIGN IT AND SEE IF WE, ARE YOU GONNA NEED A VARIANCE? YOU KNOW, ARE YOU GONNA BE, HAVE TO COME INTO THE EASEMENT OR, YOU KNOW, SOMETHING OF THAT NATURE.
BECAUSE I KNOW THE SETBACK ON THAT PARTICULAR STRETCH OF ROAD IS LARGER THAN THE NORMAL SETBACK.
SO I'LL MAKE A MOTION TO, UH, TO POSTPONE.
HANG ON ONE SEC WHILE I JOT THAT DOWN.
MEMBER, I'LL MAKE A MOTION TO POSTPONE TO NOVEMBER FOUR 15 AND SECONDED.
SECONDED FIRST IS THE FIRST ONE I HEARD.
UH, TONY IS, DO WE NEED TO RECALL THE ROLE? YEAH, YOU CAN RECALL THE ROLE AND THEN ASK THE, THE TIME YOU GET, WHAT TIME YOU, I THINK YOU HAVE SOME PEOPLE THAT LIKE TO SPEAK.
SORRY, I'M GONNA INTERRUPT FOR ONE SECOND BECAUSE BOARD MEMBER EIGHTS HAS JOINED US.
SO I'M GOING TO RECALL THE ROLE SO HE CAN JOIN THE CONVERSATION AND WE'LL GET HIM ADDED INTO THIS KEY.
TOMMY ATE, WE'RE NOT HEARING YOU.
SO WE HAVE A MOTION TO POSTPONE A BOARD MEMBER PR I THINK YOU HAD YOUR HAND UP AND I'LL GET TO WELL, I WAS WONDERING IF, IF, IF THEY'RE GONNA MAKE THE DECISION TO PURSUE A MONUMENT SIGN WITH SOME SORT OF VARIANCE, I'M JUST WONDERING HOW LONG OF A, UH, OF A POSTPONE THEY WILL NEED AND WHETHER OR NOT THEY'LL NEED TO RE-NOTICE.
CAUSE THAT WOULD, THAT WOULD KIND OF DRIVE, I THINK, HOW LONG THIS
[00:25:01]
POSTPONE NEEDS TO BE AGREED.UH, BOARD MEMBER BLOOM, I JUST WANTED TO MAKE THE GENERAL COMMENT WITH THE SIGN REQUEST OF THESE SORTS THAT I'M NOT GENERALLY IN FAVOR OF GRANTING MORE OF A VARIANCE THAN THE ABSOLUTE MINIMUM NEEDED TO MAKE THE SITE USABLE.
SO IF YOU DON'T NEED A 50 FOOT SIGN, DON'T ASK FOR ONE.
AND IF YOU NEED SOMETHING HIGHER THAN WHAT'S REQUIRED, MAKE SURE YOU'RE JUSTIFYING IT, AT LEAST FROM MY PERSPECTIVE VERY CAREFULLY AS TO WHY YOU NEED THAT HIGHER SIGN OR THAT LARGER SIGN AND WHY IT NEEDS TO BE THE MAGNITUDE THAT YOU'RE REQUESTING BOARD MEMBER BAILING.
AND I JUST WANNA POINT TO ON YOUR PRESENTATION THAT'S IN OUR BACKUP FROM LAST MONTH ON PAGE, UM, EIGHT 10, IT, IT, TO ME, THAT IS THE BEST ARGUMENT FOR A MONUMENT SIGN.
THAT PHOTO SHOWS THE TREE WITH IT ABOVE, BUT SHOWS QUITE A LARGE AREA UNDER THE CANOPY OF THAT TREE THAT YOU COULD GET A GOOD SIZE SIGN THAT'S JUST LOWER.
AND BY MONUMENT SIGN, IT DOESN'T HA YOU KNOW, THERE'S SOME THAT REALLY HUGGED THE GROUND.
MONUMENT SIGN MEANS IT'S ATTACHED TO THE GROUND AND NOT ON A POLE.
SO I THINK THERE'S A LOT OF THINGS YOU CAN DO AND THERE'S SOME PLANTINGS UNDER THAT TREE THAT MIGHT BE WORK AS AN AREA SINCE THERE'S NO PARKING IN IT THAT YOU COULD TALK TO AUSTIN ENERGY AND MAYBE, UM, I DON'T KNOW WHO YOUR SIGN PEOPLE ARE, BUT THEY MIGHT KNOW WHAT THOSE CLEARANCES ARE AND WHERE THEY WOULD NEED TO BE.
UM, SO YOU MIGHT TALK TO YOUR SIGN COMPANY AND OF COURSE I KNOW YOU'RE STILL PURSUING AUSTIN ENERGY AND I'M SORRY THEY HAVEN'T GOTTEN BACK FROM YOU.
BUT YEAH, AND I, I ALSO AGREE IT MAY TAKE A LITTLE LONGER THAN NOVEMBER.
WOULD YOU BE OPEN TO DECEMBER EM BASED ON, UM, THE, UM, I MEAN, I HATE TO SAY THIS, BUT LIKE THE LACK OF, UH, FEEDBACK THAT WE'VE BEEN GETTING, RIGHT? SORRY.
I WOULD SAY YEAH, DECEMBER'S PROBABLY, PROBABLY BETTER.
MORE, IT'S PROBABLY A SAFER IDEA.
UM, UH, SO, UM, THE, THE ONLY THING, UH, TO, UM, IF I COULD I SAY OKAY, UM, THE ONLY THING THAT I WOULD SAY THAT'S CHANGED, UH, IN THOSE IMAGES, UM, IS THAT, UH, NOW THERE'S A LITTLE, UH, FENCE, A LITTLE IRON FENCE.
UM, AND IT WAS IN THE NEW PRESENTATION THAT I, THAT WAS UPLOADED AND IT'S ALSO ON THE OPPOSITION, UH, LETTER.
UH, THERE, THERE'S SOME PHOTOS ON THERE.
SO THE, THE FENCE IS ALSO ONE OF THOSE THINGS THAT WE HAVE TO, TO FACTOR INTO THE DESIGN.
ANY OTHER QUESTIONS? MICHAEL, ARE YOU OKAY WITH DECEMBER? YES.
MAKE THAT A MOTION FOR DECEMBER.
UH, WHAT IS THAT GONNA BE? JUST DECEMBER 12TH LOOKS LIKE.
PERSONALLY, JUST THROW IN, I DON'T REALLY, NOT A HUGE FAN OF BIG SCIENCE, BUT AS LONG AS YOU'RE MAINTAINING OR, OR SHOULD SAY LIMITING THE ENVIRONMENTAL IMPACT, UH, YOU KNOW, I'D PROBABLY SIGN OFF ON IF YOU CAN DO SOMETHING SMALLER, YOU MIGHT GET A LITTLE MORE, UH, APPROVAL FROM SOME OF THE OTHER BOARD MEMBERS.
THAT'S KIND OF WHAT I'M HEARING, BUT LOOK INTO THE MONUMENT SIGN AND WE'LL SEE WHAT WE GET ON THE NEXT ROUND.
LET'S GO AHEAD AND CALL THE VOTE AGAIN.
THIS IS A MOTION TO POSTPONE TO DECEMBER UNTIL DECEMBER.
MOTION TO POSTPONE UNTIL DECEMBER 12.
YOU'RE A POSTPONED UNTIL DECEMBER 12TH.
THANK YOU FOR COMING BACK BEFORE US.
[4. C16-2022-0005 Jaden Rodriguez for Leo Garcia 7712 Elroy Road]
ITEM WILL BE ITEM FOUR.JADEN ROD BRIERS FOR LEO GARCIA.
IS THIS A IN PERSON OR VIRTUAL LANE? DO YOU KNOW? THIS ONE IS, LET ME
[00:30:01]
NO, THEY SHOULD BE IN PERSON.I THINK HE'S HAVING, I'M ASSUMING HE'S HAVING, YEAH, WE HAVE TO BE ABLE TO SEE HIM BEFORE I CAN ADD HIM BACK.
I DON'T HAVE THEM REGISTERED VIRTUALLY.
THEY SHOULD BE IN PERSON AND HONESTLY IF HE JOINS, BUT WE CAN'T SEE HIM, IT RAISES THE NUMBER FROM NINE OR FROM EIGHT TO NINE FOR US TO VOTE.
SO, AND I DIDN'T RECEIVE ANYTHING FROM THEM THAT DAY.
I HAVEN'T RECEIVED ANYTHING FROM THEM THAT THEY WEREN'T GONNA MAKE IT OR THEY WANTED TO POSTPONE.
THEY'RE SUPPOSED TO BE HERE IN PERSON.
DOES ANYBODY REMEMBER OFF THE TOP OF THEIR HEAD WHY WE POSTPONED THIS LAST TIME? WELL, I DIDN'T SEE ANY ADDITIONAL INFORMATION AND I HAD PAST FOR PARTICULARLY FOR THEM TO DO THE CALCULATION ON THE FRONTAGE.
SO, BECAUSE I WOULDN'T, I WASN'T SURE THAT THEY WOULDN'T NEED TO REIFY.
I'M JUST GONNA GO AHEAD AND MAKE A MOTION TO POSTPONE UNTIL NOVEMBER 14TH, JUST IN CASE THERE WAS AN ACCIDENT OR EMERGENCY.
GIVE 'EM THE BENEFIT OF A DOUBT THIS TIME.
YOU WANNA JUST TABLE IT UNTIL MY DRAWINGS UP LATER? THAT WAY IF HE SHOWS UP, WE WON'T HAVE TO DO ANY, EXCEPT THAT HE HASN'T EVEN BROUGHT IN THE NEW INFORMATION THAT IN OUR BACKUP THAT WAS ASKED FOR, SO WE'D BE POSTPONING IT ANYWAYS.
AND IF, AND IF THEY'RE WATCHING OR LISTENING, PLEASE BRING US THE INFORMATION THAT WE ASKED FOR LAST MONTH.
SO DO I HAVE A SECOND? SECOND, SECOND.
I'M GONNA GIVE THAT ONE TO THE VICE CHAIR, I THINK GABE, SO THIS IS A MOTION TO POSTPONE TO NOVEMBER 14TH.
SO, TOMMY, CAN YOU HEAR US? BUT IF WE CAN'T SEE HIM, HE CAN'T VOTE.
SO WE TRY NOT TO ADAM YET BECAUSE IT CHANGES THE NUMBER FROM E TO NINE.
I WAS JUST WONDERING IF HE WAS, UH, HE NEEDED SOME FEEDBACK THAT WE COULDN'T, WE COULDN'T SEE HIM YET.
SO HE IS GETTING NO AUDIO FROM US EITHER.
WE'LL JUST MOVE ON TO THE NEXT ONE.
[5. C15-2022-0066 Richard Suttle for Clarks Village, LP]
WILL BE ITEM FIVE C 15 20 22 0 0 66.THIS IS A NEW VARIANCE CASE, RICHARD SUBTLE FOR CLARKS VILLAGE, LP 1114 AND 1116 WEST SIXTH STREET, 11 12, 11 10, 11 20 11, 22, 11 28 WEST SIX N 6 0 7 BLANCO STREET.
ADAM CHAIR, CAN I ASK A COUPLE QUESTIONS BEFORE I START MY TIME? I, I AM, I, AM I LIMITED TO WELL, THEY'RE PROCEDURE, THEY'RE JUST PROCEDURAL.
I, I'VE GOT A COUPLE NEIGHBORS THAT WANNA SPEAK AND I, I WANNA LEAVE TIME FOR THEM TO SPEAK, SO I I HAVE FIVE MINUTES IF I WANT THEM TO SPEAK.
I NEED TO LEAVE A COUPLE MINUTES.
SO HOW WE WERE TALKING ABOUT THIS EARLIER.
UH, NOBODY DOESN'T GET TO SPEAK, UH, SINCE YOU'VE ASKED BEFOREHAND.
NORMALLY IT SHOULD BE FIVE MINUTES.
IF YOU ABSOLUTELY NEED TO GO A LITTLE LONGER, I'M WILLING TO GO TO LIKE SEVEN MAYBE.
BUT UNDERSTAND THAT IF THERE'S OPPOSITION, OPPOSITION, WE'LL GET THAT AS WELL.
WELL, THAT'S MY SECOND QUESTION.
CAN I ASK IF THERE'S ANY OPPOSITION TO THIS CASE THAT ELAINE KNOWS OF OR ANYBODY KNOWS OF, UH, ASK
[00:35:01]
IF THERE'S OPPOSITION TO THE CASE.IS THERE ANYTHING SIGNED UP? I DIDN'T SEE ANYTHING.
IS THERE ANYBODY SIGNED UP IN OPPOSITION? ELAINE.
I, I'M NOT SURE ABOUT IN PERSON, BUT VIRTUALLY THERE'S NOT, THERE'S THAT.
WE HAVEN'T CHECKED THE BOOK YET, SO, OKAY.
IF IT MAKES IT ANY EASIER, I CAN REQUEST THE FACT IS THERE ANY OPPOSITION TO THIS CASE? AND THEN NORMALLY YOU TELL ME YES OR NO, AND THEN I HAVE TO WAIT AND LISTEN TO THE WHOLE THING.
DO YOU THINK YOU CAN FIT INTO FIVE OR SIX? I CAN GO A LOT FASTER.
IN FACT, I'LL SIT A LITTLE TIMER HERE BECAUSE THE NEIGHBORS THAT ARE SHOWING UP HERE, I WANT THEM TO HAVE TIME TO, TO BE ABLE TO SPEAK.
I'M HERE ON BEHALF OF THIS PROJECT TONIGHT.
IT'S A COMPATIBILITY, STANDARD WAIVER OR, OR VARIANCE.
AND THE REASON BASICALLY THAT WE'RE ASKING THE VARIANCE IS BECAUSE WE HAVE NEIGHBORS THAT ARE HIGH UP FROM US, TOPOGRAPHICALLY.
AND BY THE TIME WE'VE, EVEN WHEN WE GET THE VARI, IF WE GET THE VARIANCE, WE WILL STILL BE LOWER THAN MOST OF 'EM.
WE ALSO HAVE, UM, INTERVENING PROPERTIES BETWEEN SOME OF THE TRIGGERING PROPERTIES, AND THEN WE HAVE SOME HISTORIC, UH, BUILDINGS THAT THE NEIGHBORS HAVE AND WE WANT TO PROTECT.
AND THEN WE'VE GOT SOME TREES THAT LIMIT ACCESS.
SO WE HAVE A NUMBER OF THINGS I WANT TO INCORPORATE AND SUPPLEMENT OUR APPLICATION BY THE LATE EMAIL THAT YOU RECEIVED WITH SOME MORE EXPLICIT FINDINGS AND THE 59 PAGES OF DOCUMENTS THAT ARE IN, IN THE PACKET THAT WE WON'T HAVE TIME TO GO THROUGH.
BUT BASICALLY I WANTED TO SAY THAT THE ZONING REQUIRE THE ZONING REGULATIONS APPLICABLE PROPERTY DO NOT ALLOW A REASONABLE USE BECAUSE THE COMPATIBILITY STANDARDS ARE MET TO PROTECT ADJACENT SINGLE FAMILY ZONE ARE USE PROPERTY.
BUT THE INTERVENING PROPERTIES ALONG WITH THE TOPOGRAPHY OF THIS AND THE ADJACENT PROPERTIES NEGATES THE INTENT OF THE PROTECTION AND DOES NOT ALLOW FOR A REASONABLE USE TAKING INTO ACCOUNT ALL THE OTHER THINGS THAT WE'RE TRYING TO PROTECT THE HISTORIC BUILDINGS AND THE TREES AND, AND, AND ALL THE HARDSHIP FOR WHICH THE VARIANCES REQUESTED IS UNIQUE TO THE PROPERTY.
AND THAT THIS PROPERTY HAS COMPATIBILITY TRIGGERING PROPERTIES ADJACENT TO IT, THAT BECAUSE OF TOPOGRAPHY ARE ACTUALLY HIGHER THAN THE PROPOSED PROJECT, ALONG WITH THE TRIGGERING PROPERTIES THAT HAVE INTERVENING STRUCTURES.
AND THE PROPERTY HAS LOCAL HISTORIC CONTRIBUTING PROPERTIES AND NATIONAL HISTORIC CONTRIBUTING PROPERTIES THAT THE OWNER AND THE COMMUNITY LIKE WOULD LIKE TO SEE INCORPORATED INTO THE PROJECT.
AND THERE ARE PROTECTED TREES THAT LIMIT ACCESS TO THE SITE.
SO WE'RE WORKING AROUND THOSE AS WELL.
SO COMPLIANCE WITH THE COMPATIBILITY STANDARDS, ALONG WITH PROTECTING ALL THESE UNIQUE FEATURES OF THE SITE DO NOT ALLOW FOR A REASONABLE USE.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY'S LOCATED BECAUSE THE PROPERTY IS ONE OF FEW, IF NOT THE ONLY TRACK ON WEST SIX THAT HAS A COMBINATION OF TOPOGRAPHY COMPATIBILITY, STANDARD TRIGGERING PROPERTIES, HISTORIC DISTRICTS AND TREE ISSUES THAT NEED TO BE TAKEN INTO ACCOUNT.
THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE PROPERTY ADJACENT OR THE AREA ADJACENT TO THE PROPERTY WILL NOT IMPAIR THE USE OF ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED.
BECAUSE THE POINT OF ASKING FOR THESE VARIANCES IS TO PROTECT MUCH OF THE EXISTING FABRIC IN THE AREA AND THE CHARACTER OF THE AREA THAT, UH, THAT CONTRIBUTE TO THE HISTORIC DISTRICTS, THE TREES, THE RELATIVE HEIGHTS, THE PROPERTIES AND THE VARIANCE WILL ACTUALLY ENHANCE THE CHARACTER OF THE AREA AND IS SUPPORTED BY THE TRIGGERING PROPERTIES AND THE OLD WEST AUSTIN NEIGHBORHOOD GROUP OR OLD WEST AUSTIN NEIGHBORHOOD ASSOCIATION.
AND THEY'RE HERE TO SPEAK TONIGHT THAT WITH ALL THE INCORPORATION OF THE 59 PAGES, AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS THAT I WANTED TO LEAVE SOME TIME FOR THE NEIGHBORHOOD BECAUSE THEY'VE BEEN GREAT TO DEAL WITH AND WORK WITH, AND THEY'VE TAKEN THEIR TIME OUT TONIGHT TO SUPPORT US.
IF YOU'RE SPEAKING OF FAVOR, COME ON LINE UP AT THE PODIUM.
STILL GOT ABOUT TWO MINUTES LEFT.
GOOD EVENING, MEMBERS, MY NAME IS MAUREEN MATOYER.
I AM A RESIDENT OF OLD WEST AUSTIN AND THE NEARBY NEIGHBOR TO THE PROJECT AND THE APPLICANT CLARKS VILLAGE.
UM, AND OUR CHAIR FOR THE OLD WEST AUSTIN NEIGHBORHOOD ASSOCIATION IS ON THE PHONE, I BELIEVE SO YOU'LL HEAR FROM HER IN A SECOND.
BUT WE ARE HERE IN SUPPORT OF THOSE VARIANCE REQUESTS TONIGHT.
UM, AND THE THE KEY REASON IS BECAUSE, UM, THIS PROJECT NEEDS THE VARIANCES IN ORDER TO ACHIEVE WHAT, WHAT THEY HAVE REALLY DONE, WHICH IS LISTEN TO THE NEIGHBORS AND DESIGN SOMETHING THAT IS COMPATIBLE RESPECTS, UH, TWO DIFFERENT HISTORIC DISTRICTS AS WELL AS HISTORIC FACADES.
SO THAT IS WHY WE'RE HERE TONIGHT.
UM, AND, AND WE'LL HELP THEM ACHIEVE THE DESIGN, WHICH HAS BEEN VERY THOUGHTFUL.
UM, THE APPLICANT HAS GONE OVERBOARD TO LISTEN TO OUR CONCERNS AND WE REALLY APPRECIATED THAT THEY ARE ALSO PROVIDING AMENITIES INCLUDING SIDEWALKS, STREET SCAPE.
[00:40:01]
UH, THOUGHTFUL ABOUT PUTTING THE EGRESS INTO THIS COMMERCIAL DEVELOPMENT OFF THE ALLEY, WHICH ELIMINATES TRAFFIC CONGESTION AND PEDESTRIAN SAFETY ISSUES ON BLANCO STREET.UM, WE ALL, THEY HAVE ALSO AGREED TO A RESTRICTIVE COVENANT WITH OUR ASSOCIATION TO CODIFY THESE AGREEMENTS.
AND WE HOPE THIS PROJECT CAN BE SEEN AS A MODEL FOR FUTURE DEVELOPMENT.
UM, AND THIS IS REALLY THE SITUATION FOR WHICH THE VARIANCE PROCESS WAS CREATED.
IT GIVES FLEXIBILITY TO DEVELOPERS TO LISTEN TO THE NEEDS OF THE COMMUNITY WITHOUT HAVING TO GO FOR A GIANT ZONING CHANGE OR WORSE HAVING THE CITY ERADICATE THE COMPATIBILITY STANDARDS, WHICH HELP US ACHIEVE THIS BALANCE.
ANY OTHER SPEAKERS? DO YOU WANNA JUMP BACK UP AND IS THERE, ARE THERE SPEAKERS ON THE PHONE? ELAINE? OKAY.
UH, IF YOU'RE ON THE PHONE TO SPEAK IN FAVOR OF THIS, PLEASE STATE YOUR NAME FOR THE RECORD.
THIS IS ADRIAN GOLDSBERRY AND I'M THE CHAIR OF THE OLD WEST NEIGHBORHOOD ASSOCIATION.
UM, AND I JUST WANNA REITERATE BASICALLY WHAT MAUREEN SAID.
UM, THE, UM, THE APPLICANT HAS BEEN VERY, UM, HAS WORKED VERY CLOSELY WITH OUR NEIGHBORHOOD ASSOCIATIONS THROUGHOUT THE PROCESS AND HAS LISTENED TO OUR CONCERNS AND MODIFIED THE PROJECT MULTIPLE TIMES IN, UM, TO ACCOMMODATE SOME OF THE, UM, REQUESTS THAT WE'VE MADE OF THEM.
UH, WE HAVE, AS MAUREEN MENTIONED, WE HAVE THE RESTRICTIVE COVENANT THAT CODIFIES THOSE CHANGES AND IT IS A RELATIVELY MINOR, UM, MINOR REQUEST.
SO WE, UM, WE ARE IN SUPPORT OF THIS PROPOSED VARIANCE.
IS THERE ANYONE ELSE? EVERYBODY OKAY.
LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.
ADAM CHAIR, BOARD MEMBER BON OLIN, NUMBER ONE, I WANT TO CONGRATULATE YOU ALL ON REACHING OUT TO THE NEIGHBORHOOD ASSOCIATION.
THIS MAKES THIS A PRETTY EASY ONE TO GO BY, BUT THAT'S JUST FROM MY STANDPOINT, THE ONLY, THE ONLY LITTLE, UH, TURD IN THE PUNCH BALL, SO TO SPEAK, IS, UH, ON YOUR, ON YOUR SUBMITTAL.
YOU, YOU'RE ASKING FOR ON B AND ON C AND ALSO ON TWO A, YOU'RE ASKING FOR ADDITIONAL HEIGHT, WHICH I DON'T HAVE A PROBLEM WITH THE HEIGHT, BUT IT, FOR EXAMPLE, I'M GONNA JUST STATE RIGHT HERE ON ITEM B.
IT SAYS YOU ARE ASKING FOR, UH, TO BE ALLOWED 60 FEET AND THEN THE VERBIAGE FOLLOWS AND LOW NO LIMITATION ON THE NUMBER OF STORIES.
I'M, I'M ALL FOR THE 60 FEET, BUT THE NO LIMITATION ON NUMBER OF STORIES.
YOU'VE, YOU'VE STATED THAT IN B, C AND TWO A I CAN'T SUPPORT THAT.
I CAN SUPPORT THE HEIGHT THAT YOU NEED, BUT WHEN WE START SAYING NO LIMITATION ON NUMBER OF STORIES, REALLY THIS NUMBER OF STORIES ISN'T GONNA BE, UM, THAT'S NOT GONNA BE THE, THE HEIGHTS THAT'S GONNA ALREADY TELL YOU WHAT YOU, HOW MANY STORIES YOU CAN OR CANNOT BUILD THE, THE HEIGHT THAT YOU'RE REQUESTING.
SO DO YOU KNOW, YOU SEE WHERE I'M TALKING ABOUT RICHARD? SURE.
CUZ THAT, THAT PRETTY MUCH, UH, SORT OF NEGATES YOU'RE ASKING FOR 60 FEET.
UNLESS, I'M JUST GONNA USE A HYPOTHETICAL 60 FEET, YOU GET THREE STORIES, FOUR STORIES.
BUT WHEN YOU SAY NO LIMIT ON, ON NO LIMITATION ON THE NUMBER OF STORIES TO ME, AND I'M NOT AN ATTORNEY, YOU ARE.
BUT TO ME, REALLY
IT'S CONTRADICTORY TO, IF YOU'RE GONNA GO 60 FEET AS MANY STORIES AS YOU CAN GET IN ON THAT 60 FEET, I'LL SUPPORT IT.
YOU SEE WHERE I'M GOING? SO WE, IT'S A VERBIAGE.
WE ABSOLUTELY DO NOT WANNA GO OVER 60 FEET.
THERE IS A WEIRD PROVISION IN THE COMPATIBILITY STANDARDS THAT SAYS YOU CAN HAVE THREE STORIES OR 40 FEET OR THREE STORIES, THIS, THAT AND THE OTHER.
THE WAY THE BUILDING CODE IS SET UP, YOU END UP WITH A STORY OR A MEZZANINE AND WE ACTUALLY HAVE SOME AREAS THAT WITHIN THAT 60 FEET WE COULD GET SIX STORIES.
AND ANOTHER ONE WE COULD GET FIVE AND WE'RE HAPPY TO COMMIT TO NO MORE THAN SIX.
IT'S JUST THE WAY THEY MEASURE THEM.
BUT IT'S ALL WITHIN THAT HIGH.
WE DON'T WANT TO, WE'RE NOT ASKING TO, TO GO HIGHER.
CAN TIE IT, CAN WE TIE SECOND TO HELP HERE JUST FOR A SECOND.
SO WHAT I THINK YOU, YOU MIGHT IS THAT IT'S SAY SIX STORIES ABOVE GRADE BECAUSE I BELIEVE THAT THE SITE IS HAVING UNDERGROUND PARKING AND
[00:45:01]
IF THERE'S UNDERGROUND PARKING AND PARKING IS HARD TO COUNT BECAUSE YOU HAVE RAMPS AND HALF RAMPS AND SUCH.AND, UH, 60 FEET, YOU COULD GET 10 STORY, YOU KNOW, 10 FOOT OF STORY.
UM, SO PERHAPS THE THOUGHT MIGHT BE IS JUST SIX STORIES ABOVE GRADE OR I DON'T PERFECT.
EXCEPT, OR WE CAN TIE IT TO THEIR SITE PLAN, WHICH SHOWS FIVE STORIES, WHICH E EITHER WAY IS FINE WITH ME.
I I WOULD FEEL MORE COMFORTABLE TYING IT TO THEIR SITE PLAN.
AND THE FIVE STORIES THAT IS SHARED.
WELL, WE HAVE ONE AREA THAT IS SIX.
THERE'S WHERE THE PARKING, IS THAT WHERE THE PARKING IS OR WHERE IS IT? WHERE IT'S SIX? WE HAVE A MEZZANINE THAT A REVIEWER COULD SAY IS A SIXTH FLOOR.
SO IF WE SAID NO MORE THAN SIX ABOVE GRAY.
SO CAN WE JUST TIE IT TO THE SITE PLAN YOU SUBMITTED? YES.
UH, BOARD MEMBER PER YEAH, THAT WAS GONNA BE MY COMMENT WAS THAT IT'S, IT'S, WHILE I, I DO APPRECIATE ALL OF THE HARD WORK THAT HAS GONE INTO THIS AND IT LOOKS LIKE A, A VERY GOOD, UH, PROJECT AND A GOOD APPLICATION.
IT'S VERY CONFUSING AS TO WHAT, WHAT IS THE RESULT ON THE GROUND THAT THEY'RE SEEKING TO ACTUALLY GET, UH, AND YOU KNOW, WHAT IS THE, WHAT IS THE MINIMUM AMOUNT OF VARIANCE THAT WE NEED TO PROVIDE IN ORDER FOR THEM TO GET THAT PARTICULAR RESULT.
AND SO IF WE'RE TALKING ABOUT A, A PARTICULAR SITE PLAN THAT'S IN THE APPLICATION, UM, I THINK THAT WOULD BE FINE.
I JUST, I DON'T SEE THAT AND SEE, DAR, YOU'RE A LAWYER TOO.
WHICH PAGE IS THE SITE PLAN ON IN YOUR BACKUP SO I DON'T HAVE TO GO DIG IT OUT.
IT'S NOT JUST THE SITE PLAN, IT'S ALSO THE RENDERING.
NOW THAT SHOWS THE EXISTING STRUCTURES MM-HMM.
YEAH, IT LOOKS LIKE THAT'S THE SITE PLAN ON 10.
THERE REALLY ISN'T ANY THE SITE PLAN, OF COURSE WE DON'T SEE ANY HEIGHT OR ANYTHING LIKE THAT.
AND I THINK THAT YOU HAVE TO GO TO THE PRESENTATION FOR THE ELEVATION THAT THE SECTION CUT.
AND IT IS A VERY INTERESTING SITE BECAUSE THE NEIGHBORING PROPERTIES ARE ACTUALLY HIGHER.
CAN I, CAN I REFERENCE, I I'VE GOT A SITE PLAN NUMBER.
IF WE REFERENCE THE NUMBER WITH THE CAVEAT THAT THE MEZZANINE'S NOT IN THE SITE PLAN, BUT WE DO HAVE A MEZZANINE, THEN I THINK WE'LL BE CLEAR.
WELL, WELL LET ME ASK, LET ME ASK THE APPLICANT THIS QUESTION.
IF YOU LOOK ON PAGE 23 OF YOUR PRESENTATION WHERE YOU'RE TALKING ABOUT HOW THE, UH, DENSITY DECREASES AS YOU GO VERTICALLY, RIGHT? COULD YOU PULL THAT UP FOR US REAL QUICK PLEASE? THANK YOU.
CITY HALL AND BOARD MEMBER PRO.
SO, SO MR. SUBTLE WITH THE THESE DENSITY, UH, MAPS, I GUESS HERE THEY DO, THEY INCLUDE THE MEZZANINE AREA ON, ON THE, ON THE, THE FOURTH LEVEL THERE.
THE RESIDENTIAL, THEY DON'T SHOW UP ON THIS, BUT THEY ARE INCLUDED.
SO I WAS JUST WONDERING IF THEY WERE INCLUDED THEN WE COULD SAY, YOU KNOW, HEY, WE, WE, WE WE'RE APPROVING WHAT THEY, WHAT THEY'RE TELLING US THEY'RE GONNA DO, UH, WITH THESE DECREASING DENSITIES.
UM, UM, BUT IF THEY DON'T SHOW UP, THEN YEAH, THIS DOESN'T SEEM TO ADDRESS THAT ACTUALLY.
UM, 35 AND 36 ARE A COUPLE OF SECTION 37 ARE SOME OF THE
[00:50:01]
SECTIONS THAT SHOW THE HEIGHTS AND WHERE THEY'RE LOCATED.BUT I DON'T KNOW IF IT SHOWS THE MEZZANINE, BUT 30 30 IS A NICE CUT THAT SHOWS YOU WHAT'S ABOVE THE COMPATIBILITY.
KINDA LIKE, OH, WE JUST USE THE WHOLE PRESENTATION
THAT'S WHY I INCORPORATED IT INTO, CUZ THIS IS WHAT WE WANNA DO AND THAT, AND IT'S SITE PLAN SP 20 22 14 10 C AND THE ONLY ISSUE IS, IS IS THAT MEZZANINE AND IF WE COULD SOMEHOW WORD IT TO SAY IT'S NO MORE THAN SIX FLOORS ABOVE GRADE, INCLUDING THE MEZZANINE, I THINK WE'D BE HUNGRY.
I THINK, AND WE ALSO HAVE OUR ARCHITECT ON THE LINE AS WELL IF YOU WANNA TALK TO HIM.
BUT, SO THIS IS RING ZONE FOR BMU, RIGHT? BUT NO, WELL, NO, NO, BUT WE'RE STAYING, WE'RE STANDING STAND BELOW.
YEAH, THAT, YEAH, THAT, BUT THAT PROPERTY WAS OPTED OUT OF WHENEVER THEY DID THEIR NEIGHBORHOOD, WHENEVER THE VMU CAME IN, THEY, THAT PROPERTY WAS NOT OPTED IN.
UM, I WOULD LIKE IT ORDERED SOMEHOW WHERE NO KIND OF HABITABLE SPACE ABOVE FIVE FLOORS.
AND THEN THE MEZZANINE, I MEAN IT'S NOT LIKE THE, THE ISSUE I HAVE WITH IT IS, IS THAT MEZZANINES CAN OFTEN BECOME A STORY.
I KNOW THAT'S WHY, THAT'S WHY I WANT IT SOMEHOW TO SHOW THAT SIX FLOORS MEZZANINE ONLY UP TO FIVE FLOORS OF HABITABLE SPACE.
WELL, WE MIGHT HAVE AN AREA THAT MAY HAVE A SIX.
WHAT, WHAT COULD WE JUST SAY NO MORE THAN SIX ABOVE GRADE? NO, UM, BECAUSE I, I WAS, UM, FROM WHAT YOU'RE SHOWING, YOU'RE SHOWING FIVE FLOORS AND SO WITH RETAIL OFFICE, UM, HOTEL AND TWO FLOORS OF RESIDENCES.
SO WE NEEDED TO BE VERY CLARIFIED WHERE THAT SIX FLOOR IS AND WHERE IT IS ON YOUR PLANS BECAUSE WE TIE THE VARIANCES TO WHAT YOU'RE SHOWING US AND YOU'RE NOT SHOWING US ANYTHING THAT SHOWS SIX FOUR.
CAN CAN YOU PULL UP, UH, ITEM 5 35 IN THE PRESENTATION PLEASE? YOU THE SIX HOW ABOUT, HOW ABOUT 36 AND 37? ALL THREE OF THOSE? YEAH.
EITHER, YEAH, 35, 36 AND 37 IS WHAT I'M SAYING.
SAYING I THINK THOSE ARE ALL REALLY, I MEAN, SO IT, SO 36 SHOWS A HEIGHT.
AND THEN I MEAN THE RESTRICTIVE COVENANT WITH AANA ALSO HAS STIPULATIONS IN IT.
SO YOU, YOU GET TO A MAXIMUM HEIGHT WITH THE EXCEPTIONS TO HEIGHT FOR THE OVERRUNS.
SO THAT'S WHAT I'M TRYING TO FIGURE OUT.
WHERE IS THIS SIX FLOOR MEZZANINE? WHEN YOU'RE SHOWING FIVE FLOORS AND YOU'RE SHOWING A VERY SPECIFIC HEIGHT, YOU'RE NOT SHOWING ME A SIX FLOOR, YOU'RE NOT SHOWING ME A MEZZANINE, YOU'RE SHOWING FIVE FLOORS.
ANOTHER WAY TO DO IT WOULD BE CAP IT AT THE HEIGHT.
I MEAN IT IS CAPPED AT THE HEIGHT THAT WE'RE REQUESTING.
THE MEZZANINE COULD BE ON ONE OF THOSE LOWER FLOORS AND IT'S ON THE MEZZANINE'S ON THE FIRST FLOOR.
SO WHAT HAPPENS IS YOU GET THAT COUNTED AS A STORY.
AND BACK TO, UM, COULD I INTERRUPT REAL QUICK PLEASE.
I'M, I'M TRYING TO FIGURE OUT WHAT, WHAT'S THE PROBLEM IF WE'RE ELIMINATING TO SIX STORIES, EVEN IF IT'S A MEZZANINE OR IF IT'S HABITABLE, WHAT'S, WHAT'S THE PROBLEM? BECAUSE WE'RE TYING IT TO A SITE PLAN THAT'S NOT SHOWING THAT.
BUT IF WE, BUT IF WE ELIMINATE THE TYING TO THE SITE PLAN AND GO WITH THE ACTUAL VERBIAGE OF NO MORE THAN, UH, SIX FLOORS ABOVE GRADE, I DON'T THINK WE NEED TO TIE IT TO THE SITE PLAN AT THAT POINT.
UH, IT WOULD ELIMINATE THE NEED TO TIE IT TO A SITE PLAN.
IF WE HAD A SITE PLAN THAT SPECIFICALLY SHOWED WHAT WE ARE, WHAT WE'RE DISCUSSING, THEN I'M GONNA LET MELISSA, IT'S, I AGREE.
IT'S PREFERABLE TO BE ABLE, I I'D LIKE TO, BUT YOU KNOW.
I MEAN FINE, BUT I I I THINK IT'S A BIT AWKWARD TO SHOW FIVE STORES AND THEN ASK FOR SIX MADAM TOO, MELISSA.
I MISS HAVING HER SITTING NEXT TO ME.
WELL, IT'S PRETTY TYPICAL FOR THE LOWER LEVEL, THAT LOWER LEVEL RETAIL'S GONNA HAVE A HIGHER CEILING HEIGHT.
AND SO IT'S ACTUALLY PRETTY TYPICAL FOR, SAY IF A RESTAURANT OR SOMETHING LIKE THAT CAME INTO THAT SPACE WHERE THEY WOULD, OR A RETAIL SPACE WHERE THEY WOULD HAVE A MEZZANINE IF IT WERE RESTAURANT BE SEATING.
IF IT WERE RETAIL IT MIGHT BE STORAGE.
SO THAT'S NOT UNCOMMON IN, IN AN AREA THAT'S USUALLY GOT A HIGHER FLOOR PLATE.
AND SO, AND THAT AREA IS ALSO OFFSET BY THE GRADE CHANGE BEHIND THEM.
SO I, I THINK THAT THE INTENT IS, IS NOT TO ADD A SIX STORY, IT IS TO HAVE THE FIVE STORIES, BUT IT HAS TO HAVE THE FLEXIBILITY IF THAT LOWER LEVEL.
[00:55:01]
UM, I'M TRYING TO THINK OF VERBIAGE ON HOW TO ENSURE THAT THAT MEZZANINE IS LOCATED LOWER.I DON'T THINK THE INTENT IS FOR THE MEZZANINE TO BE ON THE FIFTH LEVEL.
YEAH, I DON'T, I DON'T THINK SO EITHER.
I JUST THINK WE NEED TO BE CAREFUL WITH WHAT WE APPROVE.
I MEAN, ADAM CHAIR, CAN I ASK OH YEAH.
HOSPITAL, RICHARD HAVEN'T HAD LOCATE, LOOK AT WHOEVER YOU HAVE.
HAS YOUR STRUCTURALS ALREADY YOU'RE STEIN SEALED AND STAMPED AND READY TO GO TO CITY, THE STRUCTURALS AND HOW THAT I DON'T KNOW.
WE'RE WE'RE IN THE CIVIL RIGHT NOW.
WE DO HAVE OUR ARCHITECT ON THE LINE IF YOU'D LIKE TO TALK TO ME.
NO, OUR ARCHITECTS AREN'T ENGINEERS.
I'M, I WAS LOOKING FOR A STRUCTURAL BECAUSE I DO, I'M, I'M VERY FAMILIAR WITH THE COST OF WHAT IT WOULD TAKE TO ADD ANOTHER STORY.
AND BASICALLY YOU'RE GONNA HAVE TO REENGINEER THE FIRST, SECOND, THIRD, FOURTH, AND FIFTH FLOOR IN ORDER TO SUPPORT THAT.
AND IF YOU GUYS ALREADY HAD YOUR STUFF STAMPED AND READY TO GO IN, I THINK THAT WOULD ELIMINATE SOME OF THE CONCERN.
I MEAN, I DON'T HAVE A PROBLEM WITH THE, WITH THE PROJECT.
CAUSE I KNOW THAT YOU'VE WORKED VERY HARD WITH THE NEIGHBORHOOD.
WHAT HAPPENS SOMETIMES ON THESE, WHEN THEY SAY SOMETHING LIKE SIX, WE WANT SIX STORIES.
IT CHANGES BETWEEN HERE AND THE FINISHED PRODUCT AND ALL OF A SUDDEN THERE'S SIX ACTUAL LEVELS, NOT THE FIVE THAT YOU'RE, YOU KNOW, THAT ARE BEING SHOWN WITH THE, WITH THE TALLER FIRST LEVEL.
SO SOME OF THE OTHER STUFF THAT'S SMALLER IN SPACE ON THAT FIFTH LEVEL, YOU KNOW HOW IT'S LESS DENSE BECOMES MORE DENSE.
AND, AND, AND I KNOW THAT THAT'S NOT YOUR INTENTION, BUT THINGS HAPPEN AND WE HAVE BEEN, UM, LET'S JUST SAY WE'VE BEEN BURNED BEFORE.
I CAN SAY MAYBE YOU CAN'T S HOW I'M TRYING TO GET TO, SO I'M JUST TRYING TO FIGURE OUT THOUGH VERBIAGE TO GET THERE.
UN WHICH IS WHY MICHAEL HAD A PROBLEM WITH UNLIMITED STORIES.
SO WHAT IF WE SAID AND MAKE SURE MY GUY THINKS IT'S OKAY AND LUCAS, YOU CHIME IN ON CYBER WORLD, WE SAID FIVE, FIVE STORIES PLUS MEZZANINE.
ARE WE GOOD OR IS THERE ONE AREA THAT THERE ARE SIX STORIES, BUT WE'RE ALSO GONNA HAVE TO TIE IT TO THE PROPERTY.
I THINK IT'S NOT ALL OF THESE ARE FOUR 60 FEET.
SOME ARE LIKE WHAT IS, UH, 45 FEET? UH, YEAH, I UNDERSTAND THAT.
BUT IT'S MORE THE VERBIAGE ON HOW IT'S MADAME CHAIR.
YOU'VE GOT TWO PEOPLE WITH THEIR HANDS UP, UH, SORRY, BOARD MEMBER, MACARTHUR, BARBARA.
AND, AND, AND I, I WANT TO CONGRATULATE YOU THAT THIS IS ONE OF THE MOST BEAUTIFUL PRESENTATIONS WE'VE EVER HAD IN FRONT OF THE BOARD OF ADJUSTMENT.
AND THERE'S SO MUCH WONDERFUL INFORMATION IN IT SAYING THAT THE TWO THINGS THAT I PICKED OUT RIGHT AWAY WAS THE UNLIMITED STORIES WHICH MICHAEL HAD ADDRESSED.
AND UH, THE OTHER CONCERN I DO HAVE IS THAT ALL OF THIS BEAUTIFUL, BEAUTIFUL PRESENTATION DOES HAVE LEVEL FIVE AND THEY ALL HAVE LEVEL FIVE.
AND I THINK THIS IS A HARD THOUGHT OUT, YOU KNOW, THIS IS A, A WELL DEVELOPED PROJECT THAT'S CAREFULLY PLANNED AND ALL THESE ILLUSTRATIONS ARE BEAUTIFUL, BUT I THINK, UM, FOR US TO GO FORWARD, WE NEED TO BE, THIS IS YOUR CASE THAT'S IN FRONT OF US THAT YOU'RE SHOWING US AND YOU'RE ASKING FOR SPECIFIC THINGS IN THESE PICTURES.
AND I'D FEEL A LOT MORE COMFORTABLE, UM, HEARING THAT IT WAS GONNA STICK TO WHAT YOU'VE SHOWN US RATHER THAN, OH, THERE MIGHT BE A SIXTH FLOOR.
UM, THAT'S, THAT'S SOMETHING THAT I HAVE CONCERNS ABOUT.
IT IS A GREAT PRESENTATION AND IT'S REALLY CLEAR IN, YOU KNOW, THE MASSING PICTURES AND EVERYTHING ARE GREAT, BUT THEY DO ALL, THERE'S NO LEVEL SIX SHOWN.
UM, I, I'D RATHER WORK WORDS OUT TONIGHT THAN HAVE YOU COME BACK AND SHOW US WHERE THE LEVEL SIX IS IN ANOTHER MONTH.
HOW ABOUT FIVE PLUS A MEZZANINE, FIVE PLUS A MEZZANINE? DOES THAT WORK? WOULD THAT WORK FOR EVERYONE? MELISSA HAS BROUGHT SOMETHING UP THAT'S VERY INTERESTING.
I THINK YOU SHOULD HEAR WHAT SHE HAS TO SAY ABOUT THE RESTRICTIVE COVENANT.
LET DO BOARD MEMBER WAITING AND WAVING FRANTICALLY, UH, BOARD MEMBER PRUIT HAS HIS HAND UP AND THEN I'LL YEAH, THE LANGUAGE I WAS THINKING OF WAS, WAS, WAS ON JUST FOR THE AREAS WHERE THEY'RE ASKING FOR THE FIVE STORIES, BECAUSE I THINK SOMEBODY ELSE SAID, YOU KNOW, THIS, THIS LANGUAGE DOESN'T REALLY APPLY TO THE OTHER, TO THE OTHER BUILDINGS AND THE OTHER AREAS.
BUT AS TO THIS PARTICULAR AREA THAT, YOU KNOW, THEY WOULD HAVE THE HEIGHT LIMITATION AND LIMITATION TO FIVE STORIES, UH, PLUS A MEZZANINE ON,
[01:00:01]
UH, AND IT WOULD HAVE TO BE, IF YOU LOOK ON PAGE, UM, IF YOU LOOK ON PAGE 20, LET'S SEE HERE, THE ONE THAT SHOWS THE VARIOUS LEVELS, PAGE 35 OF THE PRESENTATION IS THE, THE MESSAGING RIGHT NOW IS ON THE FIRST LEVEL.IS THAT CORRECT? WELL, YOU'LL SEE, YOU'LL SEE THAT THE OFFICE LEVEL, THE HOTEL LEVEL AND THE RESIDENCE LEVEL ARE ALL A LITTLE SHORTER THAN THE FIFTH LEVEL RESIDENTS AND THE FIRST LEVEL RETAIL.
SO WHAT I, WHAT I HEAR MR. SUBTLE SAYING IS THAT THEY ARE CONCERNED THAT IF WE SAY FIVE STORIES AND THEY DECIDE THEY NEED A, A MEZZANINE IN LEVEL ONE OR LEVEL FIVE, THAT STAFF WILL INTERPRET THAT MEZZANINE AS BEING AN ADDITIONAL FLOOR AND WILL NOT ALLOW THEM TO HAVE A MEZZANINE.
AND SO IF WE WANT TO PROVIDE FOR THE FLEXIBILITY OF PROVIDING A MEZZANINE EITHER ON LEVEL ONE OR ON LEVEL FIVE, WE CAN INCORPORATE THAT INTO THE LANGUAGE GRANTING THE VARIANCE.
AND, AND MR. SUBTLE, YOU CAN, YOU CAN CORRECT ME IF I'M WRONG ABOUT WHAT I UNDERSTAND YOUR APPREHENSION TO BE ABOUT THAT.
WE'RE, YOU KNOW, THIS WHOLE DEBATE STARTS WITH OUR COMPATIBILITY STANDARDS THAT SAYS YOU'RE LIMITED TO A CERTAIN NUMBER OF STORIES OR YOUR HEIGHT LIMITATION AND WE'RE COMMITTING TO THE HEIGHT AND WE ARE JUST, WE DON'T KNOW HOW THE BUILDING OFFICIAL'S GONNA MEASURE A MEZZANINE.
WELL, WELL THAT'S WHAT I'M SAYING.
IT LOOKS LIKE THE ONLY PLACE YOU'RE GONNA FIT A MEZZANINE IS IN LEVEL ONE OR LEVEL FIVE.
AND, AND ON ONE END OF THE BUILDING, WE MAY HAVE ACTUALLY SIX LEVELS OF APPLICABLE SPACE, BUT I DON'T KNOW IF IT'D BE A STORY.
WAS THAT YOUR ARCHITECT TRYING TO ANSWER THAT? DID I JUST HEARD ON THE PHONE? HE'S HE'S ON THE PHONE.
DID I HEAR SOMEONE ON THE PHONE WANTING TO ANSWER A QUESTION? CAN SOMEBODY, ACTUALLY, CAN YOU HEAR ME? YES.
CAN SOMEBODY ACTUALLY LOOK AT THE LATE, AT THE LATE BACKUP RESTRICTIVE COVENANT THAT ACTUALLY HAS THE STORY IN IT? THAT'S WHAT I WAS TRYING TO SAY.
SO ACTUALLY IF YOU GO TO PAGE 42, IF IT'S POSSIBLE, THEN THE PRESENTATION, UM, IT THE, YOU WILL SEE THAT THERE'S A, UM, ON THE ALLEY, THERE'S, THERE'S A SPACE NEXT TO THE ALLEY, WHICH IS GRAYED OUT.
AND WITHIN THAT LOADING DOCK, WE HAVE SPACE TO PUT SOME MECHANICAL UNITS ON THE MEZZANINE BECAUSE WE HAVE THE HEIGHT TO DO THAT.
SO OUR MEZZANINE WOULD ONLY BE ON LEVEL ONE.
IT'S NOT ACTUALLY ON LEVEL FIVE.
WE, WE, WE, WE ARE NOT PROPOSING OR WE WOULD NOT BE PROPOSING TO DO THAT AT ALL.
IT WOULD ONLY BE ON LEVEL ONE AND IT WOULD BE FOR, UH, FOR MECHANICAL SPACES AND BACK OF HOUSE SPACE.
UH, VICE CHAIR, YOU WERE NEXT.
AND THEN BOARD MEMBER BLOOM AFTER YOU.
I JUST, THE, THE RESTRICTIVE COVENANT THAT CAME IN VERY LATE ACTUALLY TALKS ABOUT, IF YOU LOOK AT THE AREA FOR 6 0 8 BLANCO, THAT IS THE ONLY PLACE IN THE RESTRICTIVE COVENANT EXHIBITS THAT IT TALKS ABOUT SIX STORY, EVERYTHING ELSE IS DEFINED IN THE RESTRICTIVE COVENANT AS TO THE MAX NUMBER OF FEET AND STORIES IN, IN EVERYTHING ELSE.
SO CAN, CAN WE ADD THE EXHIBIT, UM, WHICH WOULD BE THE PRESENTATION 30, ITEM 5, 31 AS WELL AS ITEM 5, 35 OR ACTUALLY 36 WITH THE EXHIBIT A FROM THE RESTRICTIVE COVENANT? OR CLARITY, I'M SORRY, A BOARD MEMBER BLOWN.
UM, YEAH, NO, I WAS JUST GONNA SAY THE CODE SAYS THAT IF YOU HAVE BOTH METRICS SPECIFIED IN TERMS OF A BUILDING HEIGHT RESTRICTION, EITHER EIGHT FOOT LIMIT ELEMENT ON FEET OR A LIMIT ON THE NUMBER OF STORIES THAT THEY BOTH APPLY, REGARDLESS OF WHETHER YOU CONNECT THEM WITH AN AND OR AN OR.
SO, UM, I'M ACTUALLY COMFORTABLE WITH THE VARIANCE AS PROPOSED BECAUSE OF THE 60 FEET BEING INCLUDED.
I THINK IT IS IMPORTANT TO SPECIFY, UM, UM, A HEIGHT LIMIT.
[01:05:01]
I MEAN IN TERMS OF STORIES, BUT I'M ALSO HAPPY TO INCORPORATE THE RESTRICTIVE COVENANT, UM, AS WELL AS A CONDITION OF THE APPROVAL.UM, I THINK THE 60 FEET IS, IS ADEQUATE CONTROL THOUGH ON THE CONCERN.
MAUREEN, MAUREEN, UH, FROM THE NEIGHBORHOOD'S PERSPECTIVE, DOES IT MAKE A DIFFERENCE? FIVE OR SIX STORIES, EVEN THOUGH IT'S FIVE STORIES WITH THE MEZZANINE? UM, COME ON UP.
UM, MAUREEN, ER, OLD WEST AUSTIN NEIGHBORHOOD ASSOCIATION.
SO I THINK OUR PREFERENCE AND, AND THAT'S WHY WE DID THE DIFFERENT VARIANCE REQUESTS FROM THE TRIGGERING PROPERTIES WAS, YOU KNOW, THE HEIGHT THAT THEY NEEDED AND THE STORIES THAT THEY NEEDED SO AS TO MAKE SURE THAT, YOU KNOW, DOWN THE ROAD AND, AND, AND OUR RESTRICTIVE COVENANT FOLLOWS THE SITE PLAN, NOT THE PROPERTY.
SO IF THIS SITE PLAN WERE TO GO AWAY AND IN 10 YEARS SOMETHING ELSE CHANGES, IT WOULD NOT APPLY.
THAT, THAT, SO YOU TIED THE RESTRICTIVE COVENANT TO THE SITE PLAN? YES.
ONE OF THE BOARD MEMBERS WHO HAVE BEEN HERE A LITTLE LONGER THAN ME, CAN WE TIE ANYTHING TO A PRIVATE RESTRICTIVE COVENANT? I DON'T THINK WE CAN.
THE, THE NEIGHBORHOOD TIED IT TO THE SITE PLAN.
THE RESTRICTIVE COVENANT IS BETWEEN THE DEVELOPER AND THE NEIGHBORHOOD.
THEY HAVE TO ENFORCE IT, RIGHT? THAT'S A SEPARATE DOCUMENT, BUT BECAUSE IT IS TIED TO THE SITE PLAN, UM, IT MAKES IT A LOT WHEN THEY GET THE VARIANCE, IF ANYTHING CHANGES ON THE SITE PLAN, THAT THEN THEY HAVE TO COME BACK.
I MEAN, THEY HAVE TO RENEGOTIATE WITH THE NEIGHBORHOOD.
IT'S AN EXTRA LEVEL OF PROTECTION FOR THE NEIGHBORHOOD.
SO ARE WE BACK TO TYING IT TO THE SITE PLAN? NO, I, I STILL FEEL VERY COMFORTABLE WITH JUST TYING IT TO, UH, TO THE SIX, UH, SIX FLOORS ABOVE GRADE.
I MEAN, REALLY, I DON'T THINK, I DON'T SEE, BECAUSE OF THE FACT THAT I, I KNOW, I DO KNOW AANA IS VERY GOOD, VERY ACTIVE AT, UH, YOU KNOW, THE ISSUES OF SURROUNDING THAT NEIGHBORHOOD AND THEY WOULD PROBABLY JUMP IN THERE AND, AND BRING IT FORTH BEFORE, EVEN BEFORE AN INSPECTOR WOULD CATCH IT.
BUT HAVING BEEN A CONTRACTOR FOR, YOU KNOW, 30 YEARS BEFORE I RETIRED, I DO KNOW INSPECTORS CAN GO OUT THERE AND, OR THEY'LL GO LOOK AT A SITE AND THEY'LL SEE SOMETHING AND ONE INSPECTOR MAY BE OFF ON VACATION AND THE GUY YOU'VE BEEN DEALING WITH FOR THE LAST SIX MONTHS, AND HE'S GONNA COME IN AND HE'S GONNA RED TAG THE SITE BECAUSE HE'S NOT GONNA SEE IT THE SAME WAY THE OTHER GUY SAW IT.
SO I FEEL FAIRLY CONFIDENT THAT GIVING THEM THE, THE SIX, UH, SIX FLOORS ABOVE GRADE, KEEP IT SIMPLE, IT'S MILITARY TERM, KISS, KEEP IT SIMPLE, SILLY, HOWEVER YOU WANT TO SAY, THE LESS S AND, AND THEN ALLOW AWANA TO ALSO, CUZ THEY'RE, THEY LIVE THERE, THEY'RE GONNA SEE IT GOING UP.
IF THEY SEE SOMETHING GOING UP THAT'S NOT ACCORDING TO THE SITE PLAN, I'M SURE THEY WILL BRING IT FORWARD.
UH, BOARD MEMBER PRO, I'M NOT, I'M NOT COMFORTABLE WITH, WITH SIX STORIES WHEN THEY'RE ASKING FOR FIVE.
WHAT I UNDERSTOOD THE ISSUE TO BE WAS THAT, UH, THEY WERE CONCERNED THAT THERE MAY BE AN INTERPRETATION, THAT THERE ARE MORE THAN FIVE STORIES IF THERE'S A MEZZANINE.
AND AS I UNDERSTAND FROM THE ARCHITECT, IF YOU LOOK ON PAGE 41 OF THE PRESENTATION, ALL THEY'RE ASKING FOR IS THAT WHEN WE SAY FIVE STORIES, WE'RE NOT INCLUDING A MEZZANINE ON LEVEL ONE FOR THE COMPATIBILITY WAIVER.
UH, AND SO I WILL MAKE A MOTION TO APPROVE THE VARIANCE WITH THE PROVISO THAT AS TO COMPATIBILITY WAIVER TWO FOR SIX 11 BLANCO STREET, THAT THE, UH, FIVE STORIES, UH, ARE, ARE WHAT WE ARE APPROVING AND INCLUDING MEZZANINE WITHIN LEVEL L OH ONE, THE RETAIL LEVEL ON THE, ON THE GROUND FLOOR.
HOW DOES THAT AFFECT YOUR, YOUR LOOK THERE, MR. SODA? SO IN THE NEIGHBORHOOD COVENANT WE HAVE AN EXHIBIT A THAT SPECIFICALLY SAYS EXACTLY WHERE AND WHAT STORIES THAT WE'RE
[01:10:01]
AGREEING TO.IF WE COULD TAKE EXHIBIT A AND ADD IT AS PART OF THE MOTION, IT WOULD SAY EXACTLY WHERE THE SIX STORY LIMIT IS, WHERE THE FIVE STORY LIMIT IS, AND THE HEIGHT LIMITS.
AND IT WOULD BE CONSISTENT WITH THE NEIGHBORHOOD COVENANT AS AN EXHIBIT A.
AND THEN WE WOULD KNOW EXACTLY WHAT WE'RE ASKING FOR.
AND, AND WE NEVER THOUGHT ABOUT SAYING IN OUR APPLICATION UNLIMITED STORIES CUZ THAT'S NOT WHAT WE MEANT.
BUT WE JUST DON'T KNOW HOW THE BUILDING OFFICIALS GONNA DO IT.
SO, SO YOU'RE JUST ASKING FOR THAT INFORMATION, NOT FOR THE RESTRICTIVE COVENANT TO BE INCLUDED, BUT JUST THAT INFORMATION IN EXHIBIT A.
BECAUSE WE CAN'T REALLY ATTACH THE RESTRICTIVE COVERAGE EXACTLY, BUT, BUT EXHIBIT A IS VERY SPECIFIC.
IT IS CODE AMENDMENT VERY SPECIFIC AND VERY SPECIFIC.
THEN WE CAN, WE CAN ADD EXHIBIT A AS THE CRITERIA FOR IT.
THAT WE'VE DONE IT IN THE PAST WHERE YOU, WE CAN'T USE THE ENTIRE, UH, COVENANT, BUT WE CAN TAKE VERBIAGE FROM THAT COVENANT.
WHERE, WHERE'S THAT LOCATED IN THE, IN THE MATERIALS? IT'S ACTUALLY IN AN EMAIL THAT ELAINE SENT OUT IN LAKE BACKUP.
AND IF YOU TIE IT WITH THE PRESENTATION ITEM FIVE DASH, I LOST IT NOW.
FIVE DASH 31 AND THEN AGAIN WITH, ON ON THE PRESENTATION MATERIALS.
THE PRESENTATION MATERIALS, AND THEN FIVE DASH 36 I, I DON'T UNDERSTAND WHY 31, THAT'S JUST BECAUSE IT SHOWS YOU THE TRIGGERING PROPERTY, UH, MAP.
THAT GOES WITH THE EXHIBIT A SO THAT YOU KNOW WHAT CORNER OF THE SITE IS ACTUALLY WHERE THE POTENTIAL FOR THE SIX IS.
DID THAT MAKE SENSE? NOW? SO MY MOTION NEEDS TO BE AMENDED TO SAY MOTION TO APPROVE, UH, TIED TO THE COMPATIBILITY, COMPATIBILITY, UH, UH, REQUIREMENTS OR I GUESS THE COMPATIBILITY MAP SHOWN ON 5 31 OF THE PRESENTATION MATERIALS.
AND AS LONG AS THEY ARE IN COMPLIANCE WITH THE REQUIREMENTS THAT ARE SET FORTH IN THE RESTRICTIVE COVENANT, THAT WILL BE ATTACHED JUST EXHIBIT A, NOT THE COVENANT ONLY EXHIBIT A OF THE, AND THAT THEY'RE IN COMPLIANCE WITH THE REQUIREMENTS SET FORTH ON EXHIBIT A OF THE RESTRICTIVE COVENANT THAT THEY HAVE ENTERED INTO OR WILL ENTER INTO WITH THE NEIGHBORHOOD ASSOCIATION.
OH, SECOND THAT, UH, SORRY, I'M GONNA HAVE TO INTERRUPT.
WE, WE CAN'T DO THAT BECAUSE IT'S NOT UPLOADED TO THE B C I C.
IT IS LAID BACK UP, BUT IT'S NOT OFFICIAL LAID BACK UP.
WELL THEN WHAT YOU CAN DO IS YOU CAN READ IT INTO THE RECORD.
WE CAN TAKE THE VERBIAGE FROM IT AND JUST READ IT VERBIAGE RIGHT INTO THE RECORD.
DO WE, WE, SO WHAT WE CAN DO, IF YOU WOULD LIKE, UH, DARRELL, I CAN MAKE THE MOTION TO APPROVE.
YOU CAN ADD THE FRIENDLY AMENDMENT AND ADD THAT, READ THAT VERBIAGE THAT YOU WANT IN THERE, RATHER, BECAUSE WE CAN'T INCLUDE THE EXHIBIT A FROM A RESTRICTIVE COVENANT.
SO JUST READ IT OUT INTO, AND, AND ACTUALLY THIS EXHIBIT A CONTAINS SOME RESTRICTION IN WHAT THEY'RE PROPOSING AND WHAT WE'RE, WHAT WE'RE TRYING TO DO IS, IS ALLOW WHAT IS IN THE PROPOSED, UH, LANGUAGE ON THIS EXHIBIT A.
IS THAT CORRECT? WANNA MAKE SURE WE JUST KNOW WHAT WE'RE TRYING TO DO? YES.
WHAT IT CLARIFIES THE SIX STORY PORTION TO A SPECIFIC TRIGGERING PROPERTY.
THEREFORE TIES IT TO A SPECIFIC LOCATION.
ALL RIGHT, LET ME TRY THIS ONE MORE TIME.
UH, A MOTION TO APPROVE WITH THE, UH, WITH THE FOLLOWING LIMITATIONS.
WITH RESPECT TO ANY PORTION OF THE PROPERTY THAT HAS COMPATIBILITY TRIGGERED BY 6 0 8 BAYLOR STREET, THAT BETWEEN ZERO AND 15 FEET, THERE WILL BE NO BUILD SETBACK.
AND THE SETBACK WILL BE REDUCED, UH, BY 10 FEET, UH, BETWEEN 15 AND 50 FEET
[01:15:02]
TO OFFSET AND BETWEEN, I'M SORRY, AND 55 FEET THERE WILL BE A, UH, THERE'LL BE 55 FEET HEIGHT LIMIT AND A SIX STORY LIMIT WITH A HEIGHT LIMIT ADJUSTMENT OF PLUS 25 FEET.AND AN ALLOWANCE FOR, FOR ADDITIONAL STORIES.
AND WITH THE PROPOSED 50 TO 100 PER 100 FEET OFFSET, 55 FEET HEIGHT AND SIX STORY LIMIT WITH A HEIGHT LIMIT ADJUSTMENT OF PLUS 15 FEET AND ALLOWANCE FOR THREE ADDITIONAL STORIES.
THE AND OR THE PROPOSED 100 TO 250 FEET OFFSET 55 FEET WITH NO STEPPING.
AND A HEIGHT LIMIT ADJUSTMENT VARIES FROM 15 FEET TO ZERO FEET.
AND WELL FOR THE PROPOSED 250 TO 300 FOOT OFFSET, 55 FEET HIGH WITH NO STEPPING.
AND A HEIGHT LIMITED ADJUSTMENT OF ZERO TO NEGATIVE FIVE FEET.
WHEN A STEPPING MAX HEIGHT IS 55 FEET AT 250 FEET, UH, SETBACK WITH REGARD TO THE TRIGGERING PROPERTY AT SIX 11 BLANCO STREET, UH, THERE WILL BE FOR THE 50 TO 100 FEET OFFSET OR SETBACK, THERE WILL BE 45 FEET HEIGHT AND FIVE STORY LIMIT WITH HEIGHT LIMIT ADJUSTMENT OF PLUS FIVE FEET AND ALLOWANCE FOR TWO ADDITIONAL STORIES BETWEEN 100 AND 100 FEET OFFSET, 50 FEET HEIGHT PLUS ONE FOOT FOR EACH 10 FEET OF DISTANCE IN EXCESS OF 100 FEET.
LIMITED ADJUSTMENT OF 10 FEET BETWEEN 150 AND 300 FEET.
OFFSET 55 FEET HIGH WITH NO STEPPING HEIGHT.
LIMITED ADJUSTMENT OF 10 FEET TO NEGATIVE FIVE FEET WITH STEPPING MAX HEIGHT AT 250 FEET BEING 55 FEET.
AND WITH RESPECT TO THE TRIGGERING PROPERTY AT SIX 12 BLANCO STREET WITH REGARD TO THE 100 TO 300 FEET OFFSET, 40 FEET HIGH PLUS ONE FOOT FOR EACH 10 FEET OF DISTANCE IN EXCESS OF 100 FEET.
SO THERE WILL BE 40 FEET UP TO A MAXIMUM OF 55 FEET AT 250 FEET OFFSET FOR THE 100 TO 200 FOOT OFFSET, THERE WILL BE 45 FEET HEIGHT PLUS ONE FOOT FOR EACH 10 FEET OF DISTANCE AND EXCESS OF 100 FEET WITH A HEIGHT LIMITED ADJUSTMENT OF POSITIVE FIVE FEET.
AND FOR THE OFFSET OF 200 TO 300 FEET, THERE WILL BE 55 FEET HEIGHT WITH NO STEPPING.
AND A HEIGHT LIMITED ADJUSTMENT OF POSITIVE FIVE FEET TO NEGATIVE FIVE FEET WITH A STEPPING MAX HEIGHT AT 250 FEET WILL BE 55 FEET HIGH.
IS THERE A SECOND? JUST I ADD, SO TO YOU, LET'S HANG ON.
CAUSE I'M GOING TO MAKE AN ALTERNATIVE MOTION AND I'M GONNA MAKE A MOTION TO POSTPONE UNTIL WE CAN GET THIS THING.
RICHARD, YOU'RE KILLING ME, MAN.
IT'S, IT'S IN THE, IT'S IT'S ON THE RECORD.
IS THAT GONNA SUFFICE? OH, HE READ INTO THE, IT WAS READ INTO THE RECORD.
I'M GLAD I DON'T HAVE TO KEEP TRACK OF THAT CUZ I LOST IT.
WELL, I MEAN WE HAVE THAT INFORMATION OF, OF EXHIBIT A, SO IF WE NEED TO REFERENCE IT, WE CAN IN THE FUTURE, EVEN THOUGH WE COULDN'T, WE HAD TO READ IT INTO THE RECORD INSTEAD OF HAVING THE PHYSICAL, BUT WE HAVE THE PHYSICAL PIECE OF PAPER.
I'D RATHER NOT SEE THEM AGAIN.
NO, DON'T, I DON'T EAT LIKE THAT
I'D RATHER THEM NOT HAVE TO COME BACK ALL THE WAY FROM ONE, TWO, THOSE TWO PAGES.
I HAVE A QUICK QUESTION AND, AND THIS DOESN'T EFFECT JUST ONLY, Y'ALL HAVE GONE THROUGH HISTORIC, CORRECT? YES.
SO I JUST WANNA MAKE SURE THERE WEREN'T, WEREN'T GOING TO BE MORE ADJUSTMENTS AFTER YOU GO THROUGH HISTORIC.
ANY OTHER QUESTIONS BEFORE WE VOTE? AND EVERYBODY'S CLEAR ON THE MOTION? OKAY.
DO WE ALSO TIE IT TO THE PRESENTATION? PAGE 31, 5 31? IS THAT A FRIENDLY AMENDMENT? WELL, I MEAN WE HAD TIED IT AT THE FIRST OF THE MOTION, BUT THEN WE GOT SIDETRACKED ON EXHIBIT A THAT JUST, THAT'S A FRIENDLY AMENDMENT TO MAKE SURE THAT'S INCLUDED SO THEY CAN SEE WHERE THE TRIGGERING PROPERTIES ARE.
EVEN EASIER YOU CAN TIE IT TO THE WHOLE 59 PAGES.
[01:20:01]
PRESENTATION.THIS IS THE MOTION TO APPROVE MADE BY BOARD MEMBER PRUITT, SECONDED BY A BOARD MEMBER BAILEY, WITH A FRIENDLY AMENDMENT MADE BY A BOARD MEMBER BAILEY, TO TIE IT TO, UH, 5 31 AND INCLUDING, OR SORRY, 5 31 OF THE PRESENTATION, INCLUDING ALL THE LANGUAGE THAT WAS READ INTO THE RECORD FROM WHAT IS CURRENTLY IN OUR EMAIL LIST AS EXHIBIT E COMPATIBILITY STANDARDS VARIANCES.
UH, WHICH I'M NOT GONNA REPEAT BECAUSE IT'S LONG.
LET'S GO AHEAD AND CALL THE VOTE.
AND I JUST WANNA THANK YOU GUYS FOR WORKING TOGETHER SO HARD.
UM, I'VE BEEN AVOIDING THAT, SEEING ANYTHING ON THIS BECAUSE I LIVE IN THAT CLOSE TO THAT NEIGHBORHOOD.
SO I HAVEN'T GONE TO ANY OF THE MEETINGS AND I'VE SEEN THE MOST BASIC OF RENDERINGS.
BUT, BUT I REALLY DO APPLAUD ALL OF YOU FOR WORKING SO HARD TOGETHER.
AND IT, IT IS A BEAUTIFUL PROJECT AND AS THE APPLICANT WE WANT TO THANK OANA FOR WORKING WITH US CUZ THEY SPENT A LOT OF TIME ON THIS AND WE WANT TO THANK THEM PUBLICLY.
WE'RE JUST, WE'RE YEAH, WE'RE VOTING NOW.
DAR DARRELL DARRELL'S MORE AWARE OF IT THAN I AM.
DOES Z ANY REGULATIONS PEOPLE TO THE PROPERTY TO NOT ALLOW FOR A REASONABLE USE? CAUSE THE CITY'S DESIGNATED THE SIZE BEING ON A CORE TRANSIT QUARTER WITH A COMBINATION OF MU AND VMU ZONING MARKETED AS AN APPROPRIATE LOCATION FOR ACHIEVING MIXED USE DEVELOPMENT WITH THE REASONABLE USE IS UNDERMINED BY SITE CONSTRAINTS, INCLUDING PRESERVATION OF ONSITE HISTORICAL STRUCTURES, PRESERVATION OF LARGE TREES IN A SIGNIFICANT PLUS OR MINUS 35 FEET.
A GRADE CHANGE FROM SOUTHWEST TO NORTHEAST ACROSS THE SITE.
UM, THE PROPOSED MIXED USE PROJECT IS ENVISIONED WITH A MORE REASONABLY DISTRIBUTED DENSITY THAT FOCUSES HEIGHT IN THE INTER PORTIONS OF THE PROPERTY AND IMPLEMENT STEPPED SETBACKS ALL ALONG THE PROPERTY EDGES, THE MASS OF THE BUILDING AND INTENSITY OF THE USE DECREASE AT EACH VERTICAL FLOOR TO PROVIDE A PROJECT WITH SIZE AND SCALE FITTING THE CHARACTER OF THE NEIGHBORHOOD AND IT'S ADJACENT PROPERTIES.
AND, UH, THEY ARE SUPPORTED BY THE OLD WEST AUSTIN NEIGHBORHOOD ASSOCIATION.
THE, UH, HARDSHIP IS UNIQUE TO THE PROPERTY AND THAT THE CONSTRAINTS UNIQUELY IMPACT THIS PROPERTY, UNDERMINING ITS REASONABLE USE.
AND THE VARIANCES REQUESTED WOULD PROVIDE THE PROPERTY EXCEPTIONS TO COMPATIBILITY RESTRICTIONS IMPACTING THE SITE.
THE RELIEF OF DIRECTLY ADDRESSES THE CONSTRAINTS AND WOULD ALLOW PROJECT THAT SAVES LARGE TREES, RETAINS THE ONSITE HISTORIC STRUCTURES IN THE MANNER APPROVED BY THE HISTORIC LANDMARK COMMISSION, AND MAINTAINS A CHARACTER AND SCALE APPROPRIATE FOR THE NEIGHBORHOOD.
HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE THE LIMITATIONS TO REASONABLE USE OF THE PROPERTY ARE RELATED TO THE UNIQUE PHYSICAL CARE, THE UNIQUE PHYSICAL CHARACTERISTICS OF THIS PROPERTY AND ARE NOT GENERAL TO THE AREA.
TOPOGRAPHIC CONSTRAINTS EXPERIENCED BY THE PROPERTY ARE UNIQUE AS THERE ARE NO SIMILARLY ZONED PROJECT PROPERTIES ALONG THE WEST FIFTH OR WEST SIXTH STREET CORRIDORS THAT ARE BURDENED WITH THE SAME COMBINATION OF TOPOGRAPHY AND UPGRADE GRADIENT COMPATIBILITY TRIGGERING PROPERTIES VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY'S LOCATED BECAUSE THE VARIANCES WILL GRANT RELIEF FROM COMPATIBILITY STANDARDS THAT ARE TRIGGERED, EXCUSE ME, BY THE UNIQUE SITE CONSTRAINTS, ALLOWING THE PROJECT TO UTILIZE FULL ENTITLEMENTS AND VISION BY THE ZONING DISTRICT SCALE AND MASSING OF THE PROJECT PRESERVES THE CHARACTER OF THE EXISTING NEIGHBORHOOD.
I BELIEVE THAT IS, UH, IT, YEAH.
MOTION TO APPROVE MADE BY BOARD MEMBER PRO.
SECONDED BY BOARD MEMBER BAILEY WITH AN AMENDMENT TO ALSO TIE THE IMAGE FROM THE PRESENTATION ON FIVE THIRTY ONE.
I WOULD'VE SIGNED OFF AT SIXTH ABOVE GRADE.
OH GOD, I'M GONNA CROSS HER LOSS.
[01:25:01]
GRANTED.[6. C15-2022-0067 Jose Minguell 2614 Canterbury Street]
ON TO ITEM SIX.THIS IS GOING TO BE C 15 20 22 0 6 7.
JOSE MIGUEL, 26 14 CANTERBURY STREET.
LET'S GET YOUR PRESENTATION PULLED UP AND STATE YOUR NAME FOR THE RECORD.
I'M THE OWNER AT 26 14 CANTERBURY.
AND, UH, WE ARE REQUESTING A VARIANCE 20 FROM 25 DASH 2 4 92.
UH, WITH REGARDS TO THE FIVE FEET SIDE YARD SETBACK, UM, THE VARIANCE IS FOR TWO EXISTING.
SHES THAT ARE LOCATED WITHIN THE SETBACK.
UH, THE SIZE OF THE SHES ARE WHEN IT'S EIGHT FEET, THREE INCHES BY FOUR FEET, THREE INCHES.
AND THE OTHER ONE IS 14 FEET, THREE INCHES BY FIVE FEET, THREE INCHES.
UM, THESE JETS, UH, WERE THERE WHEN WE BOUGHT THE PROPERTY BACK IN 2007.
UM, THEY WERE IN POOR CONDITION AND, UH, WE RECEIVED COMPLAINTS BY OUR NEIGHBORS BECAUSE OF, UH, SAFETY ISSUES AND MAYBE HOUSE IN RODENTS.
SO FINALLY WE WERE ABLE TO REBUILD THEM.
AND, UM, 2021 AT THE TIME WE CALL, UH, 3 1 1 TO ASK IF WE NEEDED A PERMIT TO REBUILD A SHED.
THERE WAS, THIS WAS A TIME WHEN RIGHT AFTER THE SNOW STORM HAPPENED, THEY SAID WE DIDN'T NEED THAT, UM, BECAUSE OF WEATHER, UH, WE REBUILD THEM, BUT WE GOT A, A COMPLAINT FROM, UH, CODE COMPLIANCE.
SO AFTER THAT, UH, WE BASICALLY NEEDED TO EITHER, UH, GET A NEW PERMIT OR ASK FOR VARIANCE FOR THE SHEDS.
UM, THE PERMIT, WE COULDN'T GET A PERMIT FOR THEM BECAUSE WE, WE COULDN'T PROVE THAT THEY WERE, UH, I BELIEVE IT'S 25 YEARS OLD TO BE GRANDFATHERING.
SO THAT'S WHY WE'RE, WE'RE ASKING FOR THE, FOR THE, THE VIRUS.
IF WE CAN GO TO THE NEXT SLIDE, PLEASE.
UM, THERE YOU SEE OUR, UH, HOUSE CANTERBURY YANO.
THIS IS AN ARROW PHOTOGRAPHY FROM 2019 THAT SHOWS THE LOCATION OF THE SHEDS.
UM, UH, WHY, WHY IS THIS, UM, WHY THE, UH, THE CURRENT, UH, REGULAT RELATION, IT DOESN'T ALLOW FOR A REASONABLE USE.
IF YOU CAN SHOW THE NEXT SLIDE, PLEASE.
SO THIS IS A SITE PLAN OF OUR HOUSE.
UM, OUR HOUSE, THE FRONT PART OF OUR HOUSE, UH, IT'S AN OLD BUNDLE OF FROM 1940.
THE BACK IS, UH, AN ADDITION THAT WE DID IN 2013, UM, THAT THE, THE, THE HOUSE, IT'S, UH, AWKWARDLY FOR LIKE CURRENT MODERN STANDARDS OF, OF, OF SIDING A HOUSE.
UM, SO IT HAS NINE FEET TO ONE SIDE, AND IT HAS A GIANT, UM, GIANT 48 INCHES DIAMETER PER COUNTRY.
UM, AND THEN THE DRIVEWAY, IT'S LOCATED RIGHT ALONG THE, THE PROPERTY LINE.
UM, SO REALLY WE DON'T HAVE A PLACE TO HAVE A GARAGE OR HAVE STORAGE OFF OF OUR DRIVEWAY.
UM, THE, THE, THE, THE, THERE, THE, SORRY.
SO, UM, BECAUSE THEY'RE LOCATED RIGHT NEXT TO THE HOUSE, THAT WOULD BE THE ONLY LOGICAL PLACE TO HAVE THAT ACCESSIBLE.
UM, SO, UM, WHY IS THIS UNIQUE TO THIS HOUSE? AND IT HAS TO DO WITH, WITH, AGAIN, UH, THIS HOUSE WAS BUILT WITH A HOUSE NEXT DOOR.
IT WAS A FAMILY THAT OWNED THE TWO LOTS AND THEY BUILT THIS TWO HOUSES.
AND, AND ORIGINALLY THEY DIDN'T HAVE A FENCE IN BETWEEN.
AND THE DRIVEWAY WENT IN BETWEEN THE TWO HOUSES.
AND THIS HOUSE HAD A GARAGE ON THE BACK THAT WENT THROUGH THE OTHER PROPERTY.
UM, LATER THEY PUT THE FENCE AND, AND THEY KIND OF NARROWED THAT LEAVING THE HOUSE ON AN AWKWARD NINE FEET.
A CURRENT PLANT FOR THIS HOUSE WOULD HAVE THE HOUSE SITTING RIGHT AT THE FIVE FEET PROPERTY WITH A, A GARAGE OR SOME SORT OF
[01:30:01]
CARD PARK RIGHT THERE WHERE YOU CAN PARK OR, OR, OR YOU CAN STORAGE ITEMS. UH, THE MAIN ITEMS THAT WE HAVE, THERE ARE BIKES, STUFF FOR CAMPING, STUFF FOR WORK THAT WE NEED TO GET IN AND OUT OF THE CAR.AND IF YOU CAN MOVE TO THE NEXT SLIDE, THIS IS JUST BEING GOOFY, BUT KIND OF SHOWS US A LITTLE BIT HOW WE USE THE SITE.
AND IF WE CAN MOVE TO THE OTHER ONE KIND OF THERE, YOU CAN SEE THAT'S FIVE FEET RIGHT NEXT TO THE PROPERTY.
REALLY HARD TO, TO KEEP THE CHARACTER OF THE NEIGHBORHOOD.
WE REALLY WANTED TO KEEP THE HOUSE AS IT WAS, UM, BECAUSE, UH, IS THAT OKAY? THAT'S IT.
SO IF YOU CAN JUST ONE STEP I'M GONNA SWAP THROUGH.
WE WORK HARD TO KEEP THE HOUSE HOW IT IS.
YOU CAN FINISH IT UP AND, OKAY.
AND IF YOU MOVE ALONG, THAT'S WHAT WE'RE ASKING FOR, TO KEEP THAT WE HAVE LETTER OF SUPPORT FROM THE NEIGHBOR RIGHT THERE.
IS THERE ANY OPPOSITION? OKAY, LET'S CLOSE THE PUBLIC HEARING.
I'M LOOKING AT ITEM SIX TWO IN THE LATE BACKUP, WHICH IS A LETTER FROM, UH, MR. FRANK, I BELIEVE IT'S LORD AND 26 12 CANTERBURY.
THAT'S THE ONE THAT'S LOOKING AT THE BACK OF HIS SHEDS THAT THE SHED THE PROPERTY LINE, CORRECT? YEP.
I'M GONNA MAKE A MOTION TO APPROVE, BUT WITH A LITTLE BIT OF A CAVEAT THERE.
I DO THINK, UM, THAT SIDE OF THE SHED UP AGAINST THE FENCE SHOULD PROBABLY BE CLAD AND A HARDY PLANT OR A FIRE RESISTANT MATERIAL.
AND THEN ALSO GUTTERS RUNNING ACROSS THE BACK SO THAT THE IT, THE RUNOFF DOESN'T RUN OFF INTO HIS PROPERTY.
UH, HE'S SUPPORTING YOU ON IT.
I DON'T KNOW HOW THE OTHER COMMISSIONERS FEEL, BUT THAT WOULD BE MY FRIEND.
MY, MY REQUIREMENT WAS TO, TO HAVE IT, TO HAVE A FIRE RESISTANT MATERIAL, PUT ON THAT HIS SIDE AND GOT, HAVEN'T GUTTED, CATCH A DRAIN AND RUN IT BACK ON YOUR PROPERTY.
RUN IT DOWN YOUR FRONT DRIVE OR WHATEVER YOU FIRE RESISTANT MATERIAL.
IS THAT A VICE TRAIL HELP ARM? IS THAT YOU? YES, MA'AM.
ON WHICH SIDE? ON THE, UH, UH, FACING THE ADJOINING PROPERTY ON THE BACK SIDE OF IT.
CAN I MAKE A CALL? IT CURRENTLY HAS METAL SIDING.
OKAY, THEN THAT, THEN THAT SHOULD SUFFICE.
I DIDN'T SEE A BACKSIDE PICTURE, THAT'S WHY I WAS STATING THAT.
SO JUST THE GUTTERS I THINK SHOULD, SHOULD DO WELL.
SO MOTION TO APPROVE WITH THE CONDITION OF GUTTERS ON THE SIDE, UH, FACING THE NEIGHBOR'S PROPERTY.
MACARTHUR, YOU KNOW, THIS IS A WELL DESIGNED, UM, SHED AND THE PROPERTY'S BEEN VERY WELL REHABILITATED, BUT THIS IS A VERY LARGE STRUCTURE RIGHT ON THE PROPERTY LINE.
AND I UNDERSTAND THAT THE CURRENT NEIGHBOR THINKS IT'S OKAY, BUT I HAVE CONCERNS BECAUSE IT'S A NEWLY BUILT STRUCTURE BY AN ARCHITECT IN THE SETBACK.
AND, UM, I'VE, I HAVE CONCERNS ABOUT A VARIANCE, UH, FOR SOMEONE, UM, WHO SHOULD BE AWARE OF WHAT PROPERTY SETBACKS ARE.
AND THERE'S A LARGE BACKYARD BEHIND THE ADDITION ALSO, AND THERE'S ACCESS FROM A SIDE STREET.
SO THOSE ARE KIND OF MY CONCERNS ABOUT APPROVING THIS MADAM CHAIR.
IF I'M NOT MISTAKEN THOUGH, BARBARA, I, YOU PURCHASED THE PROPERTY WITH THAT ALREADY PRESENT.
YOU DIDN'T BUILD THAT? NO, THEY DID BUILD IT.
THERE WAS TWO OLD THEY PLACED.
AND SO I'M SURE THAT THAT LOOKS NOTHING LIKE THE OLD SHES THAT WERE THERE.
I'M SURE I I'M FAMILIAR WITH THE NEIGHBORHOOD AND MY UNDERSTANDING IS THAT THEY DID IT AT THE REQUEST OF THE NEIGHBORS.
WE HAD COMPLAINT TO THE, FROM THE, OKAY.
UH, BOARD MEMBER PR OH, SORRY, SORRY.
UM, I'M GONNA ECHO WHAT COMMISSIONER MACARTHUR SAID.
[01:35:01]
YOU KNOW, IMAGES FROM, YOU KNOW, GOOGLE.I SEE SPACE IN THE BACKYARD WHERE YOU COULD PUT SHEDS.
I ALSO LOOKED AT THE HISTORICAL STREET VIEW IMAGES AND THE SHED THAT WAS REPLACED WAS ABOUT AS HIGH AS THE CHAIN LINK FENCE.
IT WASN'T A BIG SUBSTANTIAL SHED.
WHAT'S BEING WHERE IT WASN'T, I MEAN, I DON'T KNOW IF YOU CAN ARGUE THAT IT WAS REBUILT.
I THINK IT WAS IN PLACE WITH A COMPLETELY NEW, MUCH LARGER SHED.
AND GIVEN HOW MUCH SPACE IS IN THE BACKYARD FOR A SHED, I'M NOT SEEING A REASON TO SUPPORT THIS VARIANCE RIGHT NOW.
BOARD MEMBER PUT, I HAD A QUESTION FOR THE APPLICANT.
UM, YOU, UH, YOU DID THE, UH, 2013 EDITION IN THE BACK OF THE HOME, IS THAT CORRECT? CORRECT.
AND WHEN YOU DID THAT, DID YOU, DID YOU SIGN, DID YOU, DID YOU GET A, UH, PERMIT FOR THAT? CORRECT.
AND AS PART OF THAT, YOU REPRESENTED TO THE CITY THAT EVERYTHING ELSE WAS IN COMPLIANCE ON YOUR PROPERTY? NO, NO, NOT NECESSARILY BECAUSE THE, THE, THE ACTUAL HOUSE IS NOT WITHIN THE SETBACKS ON THE, THE, THE, IT'S A CORNER HOUSE, SO THE SETBACKS 15 FEET.
AND THAT WAS PART OF WHAT YOU HAD ON YOUR, ON YOUR APPLICATION FOR THE PERMIT FOR THE 2013 EDITION? YEAH.
AND, AND, AND AGAIN, THE, THERE'RE EIGHT FEET TO NINE FEET.
AND THAT, AND THAT'S SIGNIFICANTLY BIGGER THAN WHAT WAS THERE AT THE TIME THAT WHAT YOU REPLACED, IS THAT RIGHT? UH, ONE WAS AN OPEN, UM, OPEN SHED THAT WAS PROBABLY LOWER SIX FEET, AND THE OTHER ONE WAS AROUND EIGHT FEET, A METAL SHED, METAL, YOU KNOW, PROBABLY SEVEN FEET, SOMETHING LIKE THAT FROM THE BACK.
WHAT, WHAT DO YOU MEAN SEVEN FEET FROM THE BACK? NO, SEVEN.
UM, THE ONE FARTHER BACK INTO THE PROPERTY WAS AROUND, WAS TALLER THAN THE ONE IN THE FRONT.
SO WHEN I LOOK AT THESE KINDS OF CASES WHERE SOMETHING GOT BUILT THAT WAS, SHOULD HAVE HAD A PERMIT, I, I KNOW WHEN YOU CALLED THEM, YOU SAID YOU WERE REBUILDING A SHED, BUT YOU WEREN'T, YOU WERE REPLACING TWO SHEDS.
AND SO THAT PROBABLY WOULD'VE TRIGGERED A PERMIT.
UM, AND ONE WAS NOT RE GOTTEN FOR THAT.
BUT WHAT I LOOK AT IS, IF YOU CAME TO US BEFORE YOU BUILT IT AND SHOWED US THIS PLAN AND THE SIZE OF THESE SHEDS, WOULD WE APPROVE THAT VARIANCE? I DON'T.
AND, AND WHEN I REALLY DON'T, I'M STRUGGLING WITH THE HARDSHIP.
THE HARD ONLY HARDSHIP IS THAT YOU'VE ALREADY BUILT IT.
YOU DON'T HAVE, THERE'S NOT A HARDSHIP ON THE PROPERTY BECAUSE YOU CAN PUT IT OTHER PLACES.
AND IF YOU BROUGHT THIS TO US, THIS PLAN, THIS WHAT YOU'VE ALREADY BUILT, I CAN PRETTY MUCH ASSURE YOU THAT WE WOULD NOT HAVE APPROVED A VARIANCE FOR IT IF YOU WOULD'VE BROUGHT IT BEFOREHAND.
SO THAT'S WHAT I LOOK AT WHEN I LOOK AT VARIANCES OF SOMETHING THAT'S BEEN BUILT WITHOUT A PERMIT, WHETHER YOU MISUNDERSTOOD THE BUILDING OR NOT, BUT SOMEBODY DESIGNED THAT AND SOMEBODY BUILT IT AND SOMEBODY THAT WHOEVER DID THAT SHOULD HAVE KNOWN.
AND SO, SO I'M NOT ASKING A QUESTION RIGHT NOW.
SO WHAT I'M TRYING TO SAY IS, I AM HAVING A EXTREMELY HARD TIME APPROVING THIS BECAUSE WE'LL GET CARPORTS.
THEY BUILT IT, THEY'RE LOVELY, BUT THEY WERE BUILT WITHOUT A PERMANENT AND IT'S NOT SOMETHING WE WOULD'VE APPROVED IF THEY WOULD'VE COME TO US BEFORE THEY BUILT IT, INSTEAD OF ASKING FOR APPROVAL AFTER.
SO I'M, SO THIS IS THAT THIS IS WHERE MY ISSUE LIES WITH THIS PROJECT.
LOOKING FOR OTHER QUESTIONS HANDS, I'M WILLING TO ENTERTAIN A SUBSTITUTE MOTION.
I I'M SEEING YEAH, BECAUSE I MEAN, HONESTLY, I CAN COUNT IF IT HAD COME BEFORE ME.
YOU KNOW, IT'S A LITTLE TALLER THAN I WOULD'VE ASKED.
BUT THERE WERE SHEDS THERE ALREADY AND THE NEIGHBORS WERE ASKING FOR HER TO BE REPLACED.
I DON'T REALLY HAVE THAT MUCH OF A PROBLEM WITH IT, BECAUSE OTHERWISE WE'D BE TAKING AWAY SOMETHING THAT HE ALREADY HAD.
AND I AND THE IMMEDIATE NEIGHBOR PUT A LETTER IN THERE OF SUPPORT AND THAT'S THE REASON.
I THINK THE JASON PROPERTIES DON'T HAVE A PROBLEM WITH IT, WHICH MEANS ANYONE WHO FOLLOWS KNOWS SOMEBODY MADE A COMPLAINT.
SO SOMEBODY HAD HAS A PROBLEM WITH IT.
WELL, ZONING PROBABLY DROVE BY.
BUT SEE, THEY JUST DRIVE AROUND COMPLIANCE.
ALL I'M, UM, MY POINT IS, IF THIS CAME TO US NO, I AGREE WITH YOU.
IT'S, WE NOT AGREE WITH WHAT YOU'RE SAYING.
AND YOU KNOW HOW, OR AT LEAST YOU SHOULD BY NOW, I KNOW HOW I FEEL ABOUT, YOU KNOW, ASKING FOR FORGIVENESS RATHER THAN PERMISSION, WHICH I ALSO DON'T THINK THAT NEXT DOOR NEIGHBOR'S GONNA BE LIVING THERE FOR FOREVER.
[01:40:01]
BUYS THE HOUSE FROM THEM WILL KNOW THERE'S A BIG SHED THERE ALREADY.I'M, I'M, I'M INCLINED TO SUPPORT SIMPLY BECAUSE OUR LAND DEVELOPMENT CROWD IS JUST SUCH A BLOATED, NONSENSICAL GARBAGE THING THAT'S NEEDS TO BE REWRITTEN.
AND, AND I KNOW SOMETIMES SETBACKS ARE CLEAR, SETBACKS ARE NOT PART OF THE THING THAT NEEDS TO BE REWRITTEN.
I, I WOULD ARGUE THAT, THAT, IN MY OPINION, THAT'S NOT ACTUALLY ACCURATE.
I THINK SETBACKS ARE A WAY TO, UH, IT EXCLUDES CERTAIN TYPES OF PEOPLE OR CERTAIN TYPES OF HOUSING FROM SINGLE FAMILY DISTRICTS.
BUT THAT, THAT'S NOT REALLY FOR THE BOARD.
UM, I ACTUALLY THINK THEY'RE FOR FIRE SAFETY.
SO, BUT THE SMALL SETBACKS, SMALL SETBACKS, BUT THE, SHE WAS THERE.
THERE'S NO, THE SAFE SAFETY'S NOT AN ISSUE.
I DON'T, I I AM OKAY WITH PUTTING TOGETHER A SUBSTITUTE MOTION FOR POSTPONEMENT.
IF SOMEONE ELSE WANTS TO PUT TOGETHER ANOTHER SUBSTITUTE MOTION, I'M ALRIGHT WITH THAT TOO.
BOARD MEMBER MACARTHUR, IF YOU LOOK AT THE GOOGLE STREET VIEW FROM FEBRUARY OF 2021, THERE WAS A CHAIN LINK FENCE WITH A PIECE OF METAL ROOFING LAYING ON THE CHAIN LINK FENCE AND TWO POLES HOLDING THAT UP.
IT WAS AT THE HEIGHT OF THE CHAIN LINK FENCE, WHICH IS ABOUT 36 INCHES TALL.
I DON'T THINK REPLACING THAT WITH A 10 FOOT BEAUTIFUL, LARGE MODERN STRUCTURE IN THE SETBACK IS JUST REPLACING EXACTLY WHAT WAS THERE.
SO IS THAT A, UH, ALTERNATIVE MOTION? I MEAN, I HEAR WHAT, I HEAR WHAT EVERYBODY'S SAYING, BUT I'M JUST TRYING TO FIGURE OUT HOW WE KEEP THIS GUY FROM HAVING TO TEAR DOWN HIS SHED.
AND I KNOW IT SUCKS, BUT REALLY ALL WE CAN DO IS CALL THE QUESTION MADAM CHAIR.
WE HAVE A SECOND CALL THE QUESTION.
UH, AND THEN, UH, I'LL, I'LL ABBREVIATE THE, UH, UH, FINDINGS SO THAT WE CAN JUST VOTE ON IT AND SEE WHERE IT FALLS.
I MEAN, THAT'S ALL WE CAN DEFINITELY REALLY DO.
I MEAN, CALL THE QUESTION IS ANYONE HAVE A PROBLEM WITH THAT ISSUE? I MEAN, UNLESS IT'S NOT THE FIRST TIME I'VE BEEN SHOT.
WELL, I MADE A SUBSTITUTE MOTION FOR POSTPONE A POSTPONE, BUT I DID NOT GET A SECOND.
NOW, SOMEONE COULD MAKE A SUBSTITUTE MOTION FOR DENIAL.
OR IF NOT, ACTUALLY I'LL SECOND YOUR MOTION.
NO, BECAUSE RIGHT NOW I DON'T THINK WE HAVE THE VOTES AND LEAVE.
AND MY QUESTION IS GONNA BE MADAME CHAIR, WHAT ARE WE GONNA ACCOMPLISH BY SUBSTITUTING THE MOTION? BECAUSE IF, I MEAN, IF WE ALREADY KNOW WHERE CERTAIN PEOPLE ARE STANDING, WHAT IS IT THAT THE POOR CITIZEN CAN DO? RIGHT? I I JUST NEED A HARDSHIP.
I DON'T EVEN SEE A HARDSHIP HERE.
THAT'S WHY I'M SAYING I SEE ZERO HARDSHIP HERE OTHER THAN THE ALREADY BUILD, THEY WOULD GIVE THE APPLICANT A LITTLE MORE TIME TO MAYBE EXPLORE AND, AND DOCUMENT HARDSHIPS THAT HE FACED IN, IN PERMANENT ARE CREATING IT, I THINK HAS TO BE STOPPED.
IT HAS TO BE SPECIFIC TO THE PROPERTY PERMIT.
THE HARD HARDSHIP HAS TO BE SPECIFIC TO THE PROPERTY.
THAT'S WHY MY ONLY CONCERN IS, IS WE'RE GONNA SEND HIM OUT FOR 30 DAYS.
AND WELL, I COULD TALK ABOUT, GO BACK HERE AND I I CAN COUNT THE VOTES.
BECAUSE THE ARGUMENTS THAT THEY HAVE ARE VALID ARGUMENTS AND VALID BASIS.
I I, I WON'T TAKE THAT AWAY FROM ANY COMMISSIONER, BUT, UH, I JUST DON'T SEE WHERE, WHERE IT'S GONNA BENEFIT HIM BY BEING PUT OFF FOR 30 DAYS AND COME BACK TO THE SAME SITUATION.
MELISSA HAS HER HAND UP THERE.
WELL, I, SO I MADE A MOTION, A SUBSTITUTE MOTION FOR POSTPONEMENT, WHICH YOU ARE CORRECT, BUT IF SOMEONE HAS ANOTHER SUBSTITUTE MOTION.
CAUSE I DON'T THINK I CAN MAKE A SUBSTITUTE MOTION TO MY SUBSTITUTE MOTION, UM, UNLESS I WITHDRAW THAT MOTION.
BUT IF WE ARE GOING WITH MICHAEL'S MOTION, MICHAEL HAS TO DO FINDINGS FOR THAT MOTION IF WE KNOW OR HAVE A GOOD KNOWING OF THE RESULT OF THE VOTE ON THAT MOTION.
PERHAPS SOMEONE COULD MAKE A SUBSTITUTE MOTION THAT IS DIFFERENT THAN THAT, THAT WOULDN'T REQUIRE SOMEONE TO DO THE FINDINGS FOR, UH, BOARD MEMBER PR.
I WILL MAKE A SUBSTITUTE MOTION TO DENY THE APPLICATION FOR VARIANCE.
I WOULD ARGUE IF WE'RE VOTING TO APPROVE AND DON'T APPROVE IT.
THAT'S THE SAME, RIGHT? I'LL SECOND RIGHT.
EXCEPT FOR MICHAEL DOESN'T HAVE TO DO FINDINGS.
[01:45:01]
YEAH, THAT'S FAIR.SO THIS WILL BE, BUT DID YOU WANT TO WITHDRAW YOUR MOTION, MELISSA? I THOUGHT WE WERE, I THOUGHT THIS, THIS WOULD TAKE PRECEDENT.
CUZ SUBSTITUTE MOTION WANTS TO SUBSTITUTE MOTION IS MADE.
YOU COULD YOU HAVE TO EITHER VOTE ON THE MOTION OR YOU CAN VOTE ON AN AMENDMENT TO THE MOTION.
WHICH IS WHY SHE, IF SHE WANTS TO WITHDRAW, I'LL CONCEDE AND ALLOW HER TO WITHDRAW, BUT SHE WOULD HAVE TO WITHDRAW IT.
I'LL
MY SUBSTITUTE MOTION IS TO DENY THE APPLICATION FOR VARIANCE.
SO WE HAVE A SUBSTITUTE MOTION TO DENY.
AND DID YOU, WERE YOU ON A SECOND OR IS THERE A SECOND? WAIT, I THOUGHT WE HAD A SECOND, BUT I'LL SECOND.
THIS IS A MOTION TO DENY MADE BY BOARD MEMBER P SECONDED BY BOARD MEMBER BAIL.
AND SORRY, IT'S JUST WE HAVE TO FIND, WE HAVE LEGAL REQUIREMENTS FOR HARDSHIPS AND THIS JUST, I COULDN'T FIND ANY OF THOSE LEGAL REQUIREMENTS IN WHAT IS CURRENTLY HERE.
YOU OBVIOUSLY CARE ABOUT YOUR PROPERTY, BUT I HAVE ALSO HAVE LEGAL, I'M BOUND BY THE STATE AND LOCAL RULES AND I JUST CAN'T FIND IT.
I'M VOTING NO, SIMPLY BECAUSE I JUST CAN'T SUPPORT STAFF TELLING SOMEONE THEY DON'T NEED A PERMIT FOR SOMETHING WHERE THIS WOULD'VE BEEN FOUND IN THE FIRST PLACE.
AND I UNDERSTAND THAT'S NOT HIS FAULT.
I UNDERSTAND THAT'S NOT STAFF'S FAULT, BUT IT SHOULD BE.
IT'S LOVELY IMPROVEMENTS, BUT LIKE COMMISSIONER BAILEY, I CAN'T FIND A LEGAL JUSTIFICATION TO APPROVE IT.
SO THAT WOULD'VE REQUIRED E THAT MOTION DID NOT PASS.
SO WE GO BACK TO THE MOTION TO APPROVE.
AND THAT WAS A MOTION TO APPROVE BY A BOARD MEMBER OF ON O SECOND WAIT, A REPORT ORDER.
I THOUGHT A MOTION TO DENY REQUIRES A SIMPLE MAJORITY.
IS IT SIMPLE? NO, IT'S GONNA BE FIVE TODAY OR IT'S SIX.
IT'S JUST THE SAME AMOUNT TO APPROVE IT.
TO DENY BELIEVE IT'S A MAJORITY.
SO WOULD THAT BE SIX OR FIVE? WHY? SO? I MEAN, NEITHER ONE'S GONNA PASS.
SO WHAT IS THE PROCEDURE FOR THAT? SO YOU CAN'T VOTE ON THE ORIGINAL MOTION WITHOUT FINDINGS FOR THE ORIGINAL MOTION.
DO WHAT? SO IT'S THE ORIGINAL MOTION? YEAH, THAT'S THE ORIGINAL MOTION.
OUT OF THE EIGHT, HOW MANY BE ARE OUT OF THE NINE WITH 10 MEMBERS ON THE BOARD? WE WOULD'VE NEEDED EACH PASS.
WHAT ARE YOU ASKING? BECAUSE THERE'S ONLY 10 PEOPLE VOTING RIGHT NOW BECAUSE THE, WE WOULD'VE NEEDED AN EIGHT.
YEAH, THAT'S A MOTION TO DENY MOTIONS.
OH, SHALL, SHOULD WE STILL? OKAY.
BACK TO MOTION TO APPROVE, UH, BOARD MEMBER ONE.
IF YOU'LL TAKE CARE OF FINDINGS, PLEASE REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THE 1940 HOUSE SITS ON A CORNER LOT.
ITS DRIVEWAY, CURB CUT, RUNS ALONG THE INTERIOR SIDE OF PROPERTY LINE AND IS OVER THE ENTIRE YARD SETBACK AS IT IS.
HE'S, LET ME MAKE SURE I'M HERE ON THE RIGHT.
JUST CHECKING TO MAKE SURE I'M ON THE RIGHT PAGE HERE.
CAUSE I'M, I'M RUNNING OFF A COMPUTER HERE.
1940 HOUSE SITS ON A CORNER LOT.
HIS HARDWOOD CURB CUT RUNS ALONG THE INTERIOR SIDE.
PROPERTY LINE IS OVER THE INTERIOR YARD SETBACK.
THE EXISTING HOUSE SITS NINE FEET FROM THE SIDE YARD PROPERTY LINE ALREADY, BUT IT DOES HAVE HERITAGE AND PEAK ON TREES ON THE OPPOSITE SIDE OF THE STREET YARD.
AS A RESULT OF THESE EXISTING CONDITIONS, THE PROPERTY HAS NO OPTION OF ACCESSING A GARAGE FROM THE FRONT DRIVEWAY,
[01:50:02]
HARDSHIP TO HARD TRIP FOR THE, FOR WHICH THE VARIANCE IS REQUESTED.IT IS UNIQUE TO THE PROPERTY AND THAT THE ORIGINAL 1940 HOUSE LOCATED ON A CORNER LOT DOESN'T SIT WITHIN THE CITY'S CURRENT ZONING PARAMETERS.
IT IS LOCATED 11 FEET FROM THE SIDE STREET AND NINE FEET FROM THE INTERIOR SIDE BECAUSE OF A 44 INCH PEAK COUNTRY ON THE STREET SIDE, HERITAGE STREET, AND THE NARROWER AREA TO THE SIDE.
THERE WAS NO OTHER PLACE FOR ACCESS OR A GARAGE, BACKYARD OR SIDE OR HOUSE OR STORAGE AREA SERVING THE DRIVEWAY AREAS, THE BIKES, THE TOOLS, ET CETERA.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE A FEW HOUSES FROM THE 1930S OR FORTIES WERE CITED AWKWARDLY IN EAST AUSTIN BEFORE THE MODERN COLD RESTRICTIONS CAME INTO THE NEIGHBORHOOD AREA.
THE VARIANCES WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE EAST AUSTIN HAS A HISTORY OF YARD SHEDS AND THEY WOULD LIKE TO MAINTAIN THE CHARACTER OF THE ORIGINAL HOUSE.
HOWEVER, THE ONLY SOLUTION BASED ON THE CURRENT CODE WOULD'VE BEEN TO ATTACH THE STORAGE DIRECTLY TO THE SIDE OF THE HOUSE, AND THAT WOULD DESTROY THE CHARACTER OF THE ORIGINAL 1940 HOUSE.
MADAM CHAIR, I'D LIKE TO STATE THAT FOR THE RECORD THAT THE REASON THAT I MADE A MOTION TO APPROVE IS, NUMBER ONE, THERE WAS NO OPPOSITION TO THIS.
UH, CASE NUMBER TWO, I KNOW, UH, BASED ON THE INFORMATION THAT I RESEARCHED, UH, CODE ENFORCEMENT'S PROBABLY BEEN CRUISING BY FOR THE LAST SEVEN MONTHS, AND THEY'VE, IT'S VERY EASY TO SEE IF YOU'RE DRIVING FROM THE STREET.
UH, NUMBER THREE, HE'S GOT A LETTER FROM THE NEIGHBOR OF THE ADJOINING PROPERTY THAT'S THERE, THAT HAS PURCHASED THAT HOME THERE.
GRANTED, HE MAY NOT LIVE THERE FOREVER, BUT WE DON'T KNOW.
AND FOUR, HAVING BEEN IN MYSELF PERSONALLY OWNING PROPERTY AND PRETTY MUCH LIVING IN EAST AUSTIN FOR THE LAST 30 YEARS, I HAVE SEEN HOW SOME OF THESE SITUATIONS COME UP AND SOME OF SOME OF THESE ISSUES THAT HAVE BEEN THERE FOR DECADES PRIOR TO THE GENTRIFICATION OF EAST AUSTIN WOULD'VE NEVER COME TO THE FOREFRONT.
AND I'M GONNA THROW THAT OUT THERE.
SO SOME OF THESE THINGS THAT ARE BEING PICKED UP NOW, ESPECIALLY IN EAST AUSTIN THAT'S COMING IN FRONT OF US, SOME OF 'EM ARE GENERATIONAL.
THIS ONE I DO UNDERSTAND THAT WHAT HE DID WAS HE REBUILT THE SHED, BUT HE DID REBUILD THE SHED IN THE SPOT OF THE EXISTING SHED.
MAY NOT HAVE BEEN EXACT, BUT IT, THAT'S THE, THAT'S WHERE I STAND ON THIS CASE.
YOU KNOW, I RESPECT ALL THE REST OF THE COMMISSIONER'S VIEWS AND HOW THEY WANNA VOTE.
SAME, UH, BOARD MEMBER MACARTHUR, I WAS GONNA READ TO YOU FROM OUR BYLAWS AND OUR BYLAWS SAY, UM, IF A MOTION TO DENY A ZONING VARIANCE OR ADMINISTRATIVE APPEAL RECEIVES AT LEAST THREE AFFIRMATIVE VOTES, IT SHALL BE REGARDED AS A VOTE TO DENY.
SO APOLOGIES, YOUR BARRS WAS NOT GRANTED.
AND QUITE FRANKLY, MS. MADAM CHAIR, IT WOULD'VE GONE THAT WAY ANYHOW.
YEAH, I WAS ABOUT TO SAY THAT'S WHERE WE WERE HEADED.
THE SAME THREE VOTES WOULD'VE VOTED AGAINST IT, AND THEN IT WOULD'VE BEEN DENIED.
WHAT CAN I SAY? I CAN'T BELIEVE I MISSED THAT.
YEAH, AND I MEAN, I TOTALLY UNDERSTOOD EVERYTHING THAT YOU WERE SAYING, MICHAEL.
I JUST COULDN'T FIND THE HARDSHIP.
I I WAS READING OFF OF HIS HARDSHIPS WHERE HE DID CITE THE HERITAGE TREE, AND WE DO USE THE HERITAGE TREES.
BUT HE ALSO HAD A LARGE BACKYARD THAT HAD NO TREE COVER, JUST LIKE BASEBALL.
IF YOU DON'T SWING AT THE FAST BALL, YOU NEVER KNOW IF YOU'RE GONNA HIT IT
AND TO BE HONEST, I DIDN'T, I COULDN'T FIND IT EITHER, BUT I JUST, THIS IS REALLY, IT'S REALLY FRUSTRATING.
[7. C15-2022-0070 Janis J. Smith, PE for David Richard 4625 Rockcliff Road]
C 15 20 22 0 0 7 0.JANICE J. SMITH, P FOR DAVID, RICHARD, 46, 25 ROCKCLIFF ROAD.
I JUST WANNA MAKE SURE IT'S WORKING.
UH, GOOD EVENING, CHAIR AND BOARD MEMBERS.
I'M JANICE SMITH, THE ENGINEER OF RECORD FOR 46 25 ROCKCLIFF ROAD.
THE OWNERS ARE ETHEL AND DAVID RICHARD, AND THEY'RE BOTH HERE WITH ME.
WE ARE SEEKING A VARIANCE TO CONSTRUCT A DOCK ON LAKE AUSTIN, EXTENDING 35% OF THE CHANNEL WIDTH FROM THE SHORELINE.
46 25 ROCK CLIFF ROAD IS AN 11 ACRE LAKE FRONT SINGLE FAMILY HOME SITE.
IT'S ADJACENT TO THE AUSTIN COUNTRY CLUB
[01:55:01]
GOLF COURSE WITH SHORELINE ON BOTH THE LAKE AUSTIN SLEW AND A CREEK THAT FLOWS INTO THE SLEW.A NARROW CHANNEL CONNECTS THE SLEWS TO THE MAIN BODY OF THE LAKE.
FEMA DELINEATES THE BOUNDARIES SEPARATING THE LAKE AUSTIN SLEW IN THE CREEK, AND IT'S ABOUT 40 FEET UPSTREAM OF THE PROPOSED DOCK LOCATION.
A SHORELINE SITE PLAN P APPLICATION IS CURRENTLY IN REVIEW FOR THE SITE.
THE PROJECT INCLUDES THE INSTALLATION OF A RIP WRAP BULLHEAD AT THE SHORELINE, ALONG WITH A TWO SLIP BOAT DOCK.
WE'VE CLEARED ALL COMMENTS EXCEPT THOSE RELATING TO THIS VARIANCE APPLICATION.
THE LAKE AUSTIN SLEW IS VERY SHALLOW.
THIS AERIAL SHOWING THE LAKE BED IS FROM 2017.
THE LAST TIME THAT THE LAKE WAS LOWERED, IT SHOWS ONE NAVIGABLE LANE FOR A BOAT TO REACH THE SHORELINE OF THIS PROPERTY FROM LAKE AUSTIN.
THE LANE IS AROUND THE NORTHERN PERIMETER OF THE SLEW, BUT DOES GET WITHIN 30 FEET OF THIS PROPERTY SHORELINE AT THE PROPOSED LOCATION OF THE DOCK.
AS YOU KNOW, THE 30 FOOT OFFSET IS IMPORTANT BECAUSE DOCKS CAN ONLY EXTEND 30 FEET FROM THE LAKE AUSTIN SHORELINE PER CODE.
DEPTH MEASUREMENTS WERE TAKEN IN 2021 TO, TO CONFIRM THE BERY OF THE SLEW IN GENERAL AND THE LOCATION OF THE BOAT LANE.
IN PARTICULAR, THOSE MEASUREMENTS SEEM TO CONFIRM THE LAKE PATH THERY SCENE IN THE 2017 AERIAL.
THE PROPOSED DOCK LOCATION, ONE THAT'S BOTH ACCESSIBLE FROM THE LAKE AND WITHIN 30 FEET OF THE PROPERTY SHORELINE, WAS DETERMINED ACCORDING TO THE DEPTH MEASUREMENTS.
THAT LOCATION IS SHOWN ON THE PLANS AND CURRENTLY UNDER REVIEW.
THIS SLIDE ALSO SHOWS WHILE WE'RE HERE ASKING FOR A VARIANCE TODAY, MEASURED AS PRESCRIBED GUY CODE.
THE CHANNEL WIDTH AT THE DOCK LOCATION IS 95.3 FEET.
THE DOCK EXTENSION IS 33.2 FEET, OR ABOUT 35% OF THE CHANNEL WIDTH FOR LDC 25 2 11 76 A TWO.
A DOCK CAN EXTEND ONLY 20% OF THE CHANNEL WIDTH.
THERE'S 62 FEET OF OPEN WATER BETWEEN THE END OF THE DOCK AND THE OPPOSITE SHORELINE THAT WILL CONTINUE TO ACCOMMODATE THE WATERCRAFT ABLE TO NAVIGATE IN WATER LESS THAN TWO FEET DEEP JET SKIS, PADDLE BOARDS, CANOES, KAYAKS, AND THE LIKE.
THE 40 FEET OF LAKE THAT EXISTS UPSTREAM OF THE DOCK IS TOO SHALLOW TO BE NAVIGABLE FOR BOATS.
THAT LAKE AREA, AS WELL AS THE UPSTREAM CREEK, WILL REMAIN ACCESSIBLE TO THE SAME WATERCRAFT THAT CAN ACCESS IT.
NOW, THE ACCESS ISN'T AFFECTED BY THE DOCK EXTENSION, IT'S LIMITED BY THE WATER DEPTH.
PICTURES OF BOTH THE SLEW AND APPROXIMATE DOCK LOCATION, AS WELL AS THE CREEK ARE SHOWN HERE IN ORDER TO GET A SENSE OF SCALE OF THE BODIES OF WATER.
NEXT LINE, THE PROPOSED DOCK IS PLACED AT THE ONLY FEASIBLE LOCATION, WHICH WILL ALLOW A BOAT TO ACCESS THIS PROPERTY SHORELINE FROM LAKE AUSTIN WHILE MEETING EVERY OTHER CODE REQUIREMENT.
THE DOCK EXTENSION WON'T IMPEDE ACCESS TO LAST 40 FEET OF THE LAST LAKE AUSTIN SLEW, OR THE CREEK UPSTREAM OF IT FOR THE WATERCRAFT THAT CAN USE IT.
THE RICHARDS ARE VERY APPRECIATIVE OF THE EMAILS OF SUPPORT FROM SEVERAL OF THEIR NEIGHBORS, INCLUDED THE OWNERS WHO LIVE DIRECTLY ACROSS THE CHANNEL FROM THE PROPOSED DOC LOCATION.
BOTH THE RICHARDS AND I ARE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
IS THERE ANY OPPOSITION? OKAY, SCENE NINE.
LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING QUESTIONS.
UH, BOARD MEMBER BAILING, JUST, JUST A QUICK QUESTION.
UM, SO ON, IT SHOWS THAT YOU OWN BOTH SHORELINES ON BOTH SIDES OF THIS.
SO IT'S NOT LIKE YOU'RE ENCROACHING ON SOMEBODY ELSE'S PROPERTY ACROSS THE WAY YOU OWN IT.
I THINK DARRELL HAD HIS HAND UP BOARD MEMBER PER DID YOU HAVE YOUR HAND UP? I HAD A QUESTION FOR THE APPLICANT.
I GUESS I'M, I'M TRYING TO FIGURE OUT, I GUESS, WHAT THIS DOC, THESE SLIPS ARE SIZED TO ACCOMMODATE BECAUSE I'M, I'M, WHAT I'M LOOKING AT IS, UM, PAGE 12, PAGE SEVEN OF 12 ON YOUR, ON YOUR APPLICATION.
[02:00:03]
I GUESS I'M JUST TRYING TO FIGURE OUT THE, THE SIZING, IT LOOKS LIKE IT'S 36 FEET, BUT THAT'S 36 FEET ALL THE WAY INTO THE, UH, THE, THE ENTIRE WIDTH OF THE, OF THE DOCK.THAT'S NOT JUST THE, THE SLIP LENGTH.
IS THAT CORRECT? SO ARE YOU TALKING ABOUT EXTENSION INTO THE LAKE OR THE WIDTH OF THE DOCK, LIKE PARALLEL TO THE SHORELINE? THE WIDTH OF THE DOCK PERPENDICULAR, YEAH.
SO THE REASON THAT IT COMES OUT 33.2 INSTEAD OF 30, WHEN WE MEASURE 30, WHEN I'M REQUIRED TO MEASURE 30 FEET FOR A DOCK EXTENSION INTO THE LAKE, I JUST DO, IT'S, IT'S PARALLEL TO THE SHORELINE.
THAT'S, THAT MEASUREMENT'S TAKEN PARALLEL TO THE SHORELINE.
THE WAY THAT I HAVE TO MEASURE DOCK EXTENSION WHEN I'M MEASURING, UM, IN RELATION TO CHANNEL WIDTH IS IT HAS TO GO PERPENDICULAR TO THE FLOW SO THAT THE MEASUREMENT IS SKEWED.
SO THE DOCK EXTENDS 30 FEET INTO THE LAKE.
IF IT WAS, IF THIS WASN'T AN INCH ISSUE, I WOULD CALL IT OUT AS 30 FEET INTO THE LAKE LIKE I ALWAYS DO.
WELL, NO, WHAT I'M LOOKING AT IS, I'M TRYING TO FIGURE OUT FROM THE, THE 28 FEET MEASUREMENT, HOW MUCH OF THAT IS INCLU? HOW MUCH OF THAT IS THE ACTUAL SLIP? I MEAN, THIS LOOKS LIKE YOU'RE TRYING TO PUT LIKE A, YOU KNOW, 25 OR, OR 26 OR 27 FOOT LONG BOAT IN THERE.
THE, I THAT'S WHAT, THAT'S WHAT I'M TRYING TO FIGURE OUT IS THE ACTUAL SLIP SIZE.
SO THE LONGEST SLIP IS 25 FEET, WHICH IS STANDARD, AND THE OTHER ONE IS 23 IF MEMORY SERVES.
I'LL MAKE A MOTION TO APPROVE.
I WAS LOOKING AT THIS IN, IN THE WAY THE DOCKS IS SITUATED, WHERE THE CREEK COMES IN ON, ON THE BACKSIDE AND THEN THE WAY YOU HAVE TO GO UP AND OUT AND AROUND.
IT'S ALMOST LIKE IF YOU WERE ON A STREET, IT WOULD BE A CUL-DE-SAC.
SO THERE'S NOT REALLY ANYBODY ELSE THAT MY INITIAL CONCERN WAS COME AND WHENEVER WE DO THE DOCS, WHEN THEY EXTEND OUT, I'M ALWAYS CONCERNED ABOUT BOATERS AT NIGHT, EVEN IF THEY'RE LIT.
CUZ SOMETIMES THE BOATERS ARE LIT.
SO I, I'M ALWAYS HAVE A CONCERN ABOUT THAT.
I DIDN'T EVEN THINK OF THAT ONE.
BUT, UM, THE, UH, UM, I THINK THIS IS A REASONABLE ASK CONSIDERING THE, THE LOCATION IN THE CIRCUMSTANCE.
DO I HAVE A SECOND UP CUE VICE CHAIR HAWTHORNE.
SO WE HAVE A MOTION TO APPROVE ME BY BOARD MEMBER BON OWEN, SECOND YEAR BY VICE CHAIR HAWTHORNE.
DISCUSSION FINDINGS, REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY, YOU NOT ALLOW FOR A REASONABLE USE BECAUSE THE SITE SHORELINE BORDERS A CODE THAT'S EXTREMELY SHALLOW.
THERE'S ONE ACCESS PATH WITHIN THE CODE THAT'S DEEP ENOUGH TO BE NAVIGABLE.
THE RE THE REST OF THE CO IS LESS THAN TWO FEET DEEP HARDSHIP.
THE HARDSHIP FOR WHICH A VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY AND THAT THE WATER IS EXTREMELY SHALLOW AT THIS LOCATION AND THE DOCK HAS TO EXTEND TO THE LOAN NAVIGABLE ACCESS PATH IN ORDER TO BE USED.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE THE VAST MAJORITY OF DOCK SITES ON LAKE AUSTIN HAVE SUFFICIENTLY DEEP WATER TO BE PERMITTED FOLLOWING CODE LIMITATIONS AREA CHARACTER.
THE VARIANTS WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY, AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONE DISTRICT IN WHICH PROPERTY IS LOCATED.
BECAUSE BOTH SHORELINES OF THE CHANNEL ARE LOCATED ON THIS PROPERTY.
THERE'S A SMALL SECTION OF SHORELINE OFF PROPERTY, BUT THE DOCK CONSTRUCTION WON'T PREVENT A BOAT FROM REACHING THAT OFFSITE SHORELINE IT MOUNT.
SO AGAIN, THIS IS AN MOTION TO APPROVE MADE BY A BOARD MEMBER OF ON OLAND, SECONDED BY VICE CHAIR HAWTHORNE.
CONGRATS TO YOUR BAR THIS, GRANTED.
WHERE ARE WE AT ON TIME? 7 44.
WHEN WE GOT LEFT, WE, AND JUST QUICKLY THANK YOU FOR VERY WELL DONE PRESENTATION, VERY COMPLETE INFORMATION WITH ALL THE TOPOGRAPHY AND ALL THE DETAIL THAT YOU'VE PUT IN.
OKAY, SO THERE'S ONLY TWO MORE, UH, I'M GONNA DO, UH, NEXT
[02:05:01]
ITEM ITEM[8. C15-2022-0071 Micah King for Daniel Mitchell 2311 Lafayette Avenue]
EIGHT C 15 20 22 0 7.MICAH KING FOR DANIEL MITCHELL, 2 3 11 LAFAYETTE AVENUE.
UH, MADAM CHAIR IN BOARD MEMBERS, UH, GOOD EVENING, MIC KING WITH HUSH BLACKWELL, ME HAVE THE APPLICANT.
ANN MITCHELL, IF WE COULD GO TO SLIDE TWO PLEASE.
SO THE PURPOSE OF THIS, UM, IT'S ACTUALLY KIND OF A UNIQUE CASE, UM, ACTUALLY ASKING TO ELIMINATE SOME ENCROACHMENTS AND ELIMINATE SOME NON-COMP COMPLYING, UH, USE AND STRUCTURES, UH, AND BRING THIS PROPERTY INTO COMPLIANCE.
UH, WE HAVE A 1948, UH, FRONT HOUSE THAT WE'RE SEEKING TO PRESERVE, UM, AND TO REPLACE THE NONCONFORMING NON-COMP COMPLYING REAR STRUCTURE WITH A SLIGHTLY LARGER ONE JUST BY 284 SQUARE FEET.
SO JUST TO ORIENT YOU THE PROPERTIES, UM, JUST OFF HEATON, UM, BY EL CHILE.
UH, ZONED SF THREE BACKS UP TO PROPERTY ZONED MF THREE WITH A MF THREE USE.
THIS IS THE FRONT HOUSE, UM, THAT THE OWNER LIVES IN, CURRENTLY 984 SQUARE FEET, UM, OR 948 ACTUALLY.
UH, THIS IS A REAR STRUCTURE THAT'S PROPOSED FOR DEMOLITION.
UH, IT CURRENTLY ENCROACHES ON THE SIDE SETBACK, UM, ON THE LEFT SIDE BY A FOOT AND ON THE REAR SETBACK BY, UH, JUST OVER FIVE FEET.
UM, AND, AND NEXT SLIDE PLEASE.
SO THE VARIANCES ARE VERY MINIMAL.
UM, JUST ASKING TO GO UP TO 1452 SQUARE FEET, UM, WHICH IS LESS THAN 300 SQUARE FEET MORE THAN IT IS CURRENTLY.
AND THEN TO GO UP, UM, TO 756 SQUARE FEET ON THE, UH, UPPER LEVEL.
UM, JUST TO GIVE YOU A SENSE OF THE EXISTING VERSUS PROPOSED CONDITIONS, UM, SHOWING THE, UM, 24 INCH HERITAGE PEON TREE WITH THE HALF AND QUARTER AND FULL CRITICAL ROOT ZONES.
UM, THE DRIVEWAY, UH, ON THE, UM, SOUTH SIDE ON THE RIGHT AND THE, UH, THE REAR UNIT, UM, BEING PUSHED OUT OF THE SIDE SET AND RIDGE SET BACK, UM, BRINGING IT INTO COMPLIANCE THERE.
UM, AND THEN THE FRONT HOUSE, YOU CAN SEE, UM, IT'S VIOLATING THE FRONT YARD SETBACK, UM, AND ALSO ENCROACHES INTO THE HALF CRITICAL, UH, ROOT ZONE.
UM, WE DON'T WANT TO DESTROY THAT HOUSE OR ADD A SECOND STORY TO IT.
IT WOULD MIGHT EVEN BE, UM, CLOSE TO IMPOSSIBLE TO DO GIVEN THE SITE CONSTRAINTS.
UM, AND SO THAT'S, UM, KIND OF THE IMPETUS FOR THIS, UH, REQUEST.
UH, THIS SHOWS THE, UM, SMALL AMOUNT OF DISTANCE BETWEEN THE FRONT AND REAR UNITS ALONG WITH THE HERITAGE TREE THAT'S, UM, CLOSER TO THE EXISTING FRONT HOUSE ON THE LEFT THERE.
YOU CAN ALSO SEE ON THE NEIGHBORING PROPERTY, UM, AN ADU TWO STORY ADU ALONG WITH THEIR FRONT HOUSE.
THEIR FRONT HOUSE ACTUALLY EXTENDS BEYOND THE FRONT OF THE REAR STRUCTURE, UH, WHICH IS NOT POSSIBLE ON, UH, THIS PROPERTY.
THIS IS JUST TO SHOW YOU HOW THE, THE REAR UNIT IS VERY CLOSE TO THE REAR PROPERTY LINE.
THE FENCES ON THE PROPERTY LINE ARE JUST RIGHT ABOUT ON IT.
UM, AND IT ALSO BACKS UP TO A MULTI-FAMILY THREE RESTORED BUILDING, UH, THAT LOOMS OVER THE STRUCTURE AND WE'RE PROPOSING TO, TO PULL IT AWAY FROM THAT STRUCTURE.
UH, ANOTHER VIEW OF THE MULTI-FAMILY STRUCTURE TO THE REAR.
UM, NEXT SLIDE, UH, REASONABLE, UH, USE.
UM, THE OWNER IS, IS SEEKING TO, UM, REBUILD THIS STRUCTURE, UH, WHICH IS A NON NON COMPLYING STRUCTURE, A NONCONFORMING USE THAT HAS TWO UNITS.
UM, IT'S IN A HORRIBLE STATE, UM, AND IT HAS BEEN FOR MANY YEARS.
UM, HE'S LOOKED AT RESTORING IT, BUT IT'S COST PROHIBITIVE TO DO SO, HAS TERMITE DAMAGE, UM, AND IS SORT OF LIKE SHORTLY DONE.
IT'S A FRANKEN SIGNS STRUCTURE THAT WAS, UM, PART OF AN ORIGINAL REAR HOUSE THAT WAS LARGE, UM, THAT WAS CHANGED IN THE 1930S OR 1940S.
UM, IT'S ALWAYS BEEN A LARGER HOUSE IN THE BACK ON THIS PROPERTY.
UM, THE, THE OWNER HAS TWO TEENAGE DAUGHTERS WHO HAVE TO SHARE A ROOM IN THE FRONT HOUSE, UM, NO ROOM FOR AN OFFICE SPACE.
UM, AND IT'S JUST SO SEEKING TO, TO HAVE THAT SPACE THAT, THAT HE AND HIS FAMILY NEEDS.
[02:10:01]
IS A UNIQUE HARDSHIP.UM, NOT A LOT OF OTHER PROPERTIES IN THIS AREA ARE CONSTRAINED BY A 25 FOOT FRONT SETBACK IN COMBINATION WITH A 24 INCH HERITAGE TREE, UM, IN MINIMUM 15 FOOT WIDE DRIVE AWAY.
UH, AND, AND SAT BACK AND I'LL WRAP IT UP, BUT I'LL BE ABLE ANSWER ANY QUESTIONS YOU HAVE.
IS THERE ANY OPPOSITION? AND WE DO HAVE TWO LETTERS OF SUPPORT AND LATE BACKUP.
I'M SORRY, JUST TO MENTION THAT HEARING.
THEN LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND START WITH QUESTIONS.
YEAH, I JUST, YOU KIND OF ALMOST ANSWERED IT IN YOUR LAST BIT, BUT I'M ASSUMING THAT THE REAR IS GOING TO BE THEIR PRIMARY.
SO BASICALLY THEY'RE FLIPPING THE PRIMARY AND THE ACCESSORY STRUCTURE.
SO IS BASICALLY WHAT THEY'RE DOING IS, IS THAT TRUE? YES.
SO THAT WILL BE THEIR PRIMARY AND THE FRONT WILL BE THE ACCESSORY.
SORRY, I NEED TO CHANGE MY CONTACTS.
I CANNOT SEE THAT SCREEN AT ALL.
SO THE SIZE OF THE SITE IS 6,010 SQUARE FEET, RIGHT? ACCORDING TO PAGE 12 OF THE, WHAT AM I LOOKING AT? THE BACKUP? I THINK IT'S RIGHT AROUND THERE.
IT'S 6,013 OR 6,010, DEPENDING ON WHO'S MEASURING, GETTING.
SO WHAT YOU'RE ACTUALLY GETTING THE VARI FROM REALLY IS NOT FROM THE 1,100 SQUARE FEET FOR THE SECONDARY DWELLING UNIT, BUT FOR THE 0.1 FIVER.
BECAUSE THAT WOULD BE 900 SQUARE FEET ALLOWED.
CORRECT? I'M NOT SURE I UNDERSTAND THE QUESTION.
UH, I KNOW THAT WE WOULD FIT WITHIN THER REQUIREMENTS UNDER SUB CHAPTER F I MEAN, FOR THE ACCESSORY DWELLING UNIT IT SAYS IT'S TO THE LESSER OF 1,100 SQUARE FEET OR A POINT FIVER.
SO IT'S ACTUALLY THE POINT FIVER.
THAT'S THE, THE MORE RESTRICTIVE CONDITION.
YOU MIGHT, I'M JUST TRYING TO, TRYING TO HAVE THAT MY NOTES THAT I'M UNDERSTANDING THE, THE SCALE OF THE ASK.
SO YEAH, I HAND WROTE THAT SOMEWHERE.
UH, SORRY, COULD I INTERRUPT REAL QUICK AND ASK MAYBE ONE OF THE MORE EXPERIENCED BOARD MEMBERS, ISN'T THERE A REQUIREMENT IF THEY'RE GONNA BE SWITCHING THE FRONT AND THE BACK THAT THEY HAVE TO GET A VARIANCE FOR THAT? BUT THAT'S NOT POSTED IN THE NOTICE.
THE CODE REQUIREMENT IS THE DISTANCE BETWEEN THE TWO STRUCTURES.
WHICH WAS IT'S 10 FEET, BUT, SO THIS IS MORE THAN 10 FEET, I BELIEVE, RIGHT? YES.
SO I'LL END THE RELATIVE SIZE.
THAT'S WHY WE SEE A LOT OF THESE FLIPPING A LOT OF TIMES.
JUST MAKING SURE BARBARA PROBABLY, YEAH.
OH, UH, BOARD MEMBER MACARTHUR.
UM, THE RULES FOR THE ADDITIONAL DRAWING UNIT IS THAT IT HAS TO BE BEHIND OR TO THE SIDE OF THE FRONT STRUCTURE.
SO YOU CAN'T FLIP THE DEFINITIONS.
AND THERE IS THE OFFSET 10 FEET BETWEEN THE TWO.
AND, UM, THE SIZE OF THIS PROPERTY IS 5,916 SQUARE FEET, WHICH WOULD ALLOW AN 887 SQUARE FOOT ADU THAT MAKES IT AN EVEN LARGER JUMP, CUZ IT WOULD BE LIKE 39% INCREASE OVER WHAT THE CODE ALLOWS.
I MEAN, THAT'S NOT THE ONLY DATA POINT I'M CONSIDERING.
I JUST WANNA MAKE SURE I'VE GOT THE COMPLETE PICTURE.
UH, WELL THEN DOES IT BECOME A POSTING ISSUE? I MEAN THAT'S, THAT'S WHAT I'M CONCERNED WITH.
IS IT POSTED INCORRECTLY? WELL, I DON'T KNOW IF IT'S, IF IT'S, WELL I DON'T KNOW IF IT'S POSTED INCORRECTLY SO MUCH AS JUST MAKING SURE THAT, I MEAN, WHEN I READ THIS, I SEE OH, 1,100 SQUARE FEET TO 1001 52 SQUARE FEET.
BUT NO, IT'S ACTUALLY NOT THAT, IT'S ACTUALLY LIKE 880 SQUARE FEET IS, I THINK THAT'S WHAT YOU SAID, CHRISTIAN AND MACARTHUR.
I MEAN IT'S, IT'S FOR SUCH A SMALL STRUCTURE, IT'S A BIG DIFFERENCE.
IT'S JUST, SO KIND OF GOING BACK TO WHAT I SAID AT THE SAME VERY, IT'S LIKE ARE WE ASKING FOR THE MINIMUM NECESSARY VARIANTS? I HAVEN'T MADE A DECISION ABOUT THAT FOR MYSELF.
C2 A C2 A UH, SO THIS IS, THIS IS GONNA REQUIRE RE NOTICING, RIGHT?
[02:15:01]
IF HE WANTS TO USE THE BACK UNIT AS THE PRIMARY? NO, IT, IT'S NOT SO MUCH THAT, I'M JUST EVEN WONDERING IF, IF, IF THEY'RE ASKING FOR 1400 BUT BASED ON OVER 6,000 SQUARE FOOT LOT, WHEN ACTUALLY THE LOT IS UNDER 6,000, IF THAT CHANGES THE POSTING LANGUAGE, BECAUSE HE WOULDN'T BE ALLOWED 1100 SQUARE FEET ON THAT BACK HOUSE.SO IT WOULD PROBABLY OVER IC AS WELL, I'M THINKING.
I JUST WANT CLARIFICATION TO MAKE SURE THAT YOU DON'T GET IN TROUBLE WITH, WITH WHAT IS OUT, WHAT'S ON THERE.
UM, AS OPPOSED TO WHAT YOU NEED.
I THINK WHAT, UM, I THINK I'M UNDERSTANDING WHAT YOU'RE SAYING, THAT I'M ALSO HAVING A HARD TIME HEARING THOSE TOUGH DIFFERENT ALLERGIES.
UM, I THINK ON THE REQUEST, WHAT WE'RE STATING IN THE FIRST PART IS WHAT'S THE REQUIRED, WHICH THE CODE STATES THE SMALLER, THE LESSER OF, UH, ONE FIVER OR 11,000 SQUARE FEET.
1100 OR 1100 SQUARE SQUARE FEET.
I'M JUST WANNA MAKE SURE THAT WE HAVE IT CORRECT.
THAT WE'RE DOING THE CORRECT VARIANCE BECAUSE, UM, THAT'S KIND OF CANDID LANGUAGE, WHICH MAY NOT BE SPECIFIC TO YOUR PROPERTY.
WELL, SORRY, THIS IS, THIS IS ELAINE.
UM, I, I GUESS I'M CONFUSED WITH WHAT Y'ALL ARE ASKING TOO, BECAUSE THE CODE CLEARLY STATES AND IT'S THERE.
I MEAN, I I PUT IT THERE FOR Y'ALL IN THE NOTES.
THE CLEAR, THE CODE CLEARLY STATES THAT HE CANNOT EXCEED 1100 TOTAL SQUARE FEET F AR IF FIVE WHICHEVER'S SMALLER.
SO I THINK YOU'RE SAYING MICHAEL THOUGH, THAT THE SMALLER IS THE 1100 SQUARE FEET, CORRECT? I DON'T, OH, ACTUALLY YOU'RE NOT SAYING THAT.
YOU'RE JUST SAYING THE MAXIMUM ALLOWED IS 1100 OR 0.15 AND HE'S JUST REQUESTING 1452 PER THAT PART OF THE CODE, WHICH IS 25 2 7 74 B FIVE A I I THINK WHAT, UM, AND SHE HAS HER HAND UP.
WHAT SHE'S SAYING IS, UH, THE, THE 0.15, IT WOULD BRING IT BACK, BRING IT DOWN.
CAUSE IT'S THE LESSER OF THE TWO WOULD BRING IT TO 800 SOMETHING SQUARE FEET.
I THINK THAT'S WHAT'S HER POINT.
BUT HE, HE DIDN'T STATE A SPECIFIC SQUARE FOOTAGE.
LIKE HE DIDN'T SAY 1100 OR 1200.
HE'S REQUESTING IT TO BE 1452, CORRECT? CORRECT.
THE CODE SAYS 1100 OR 0.15 AND HE'S REQUESTING 1452 BASED ON WHAT THE LESSER OF THE LESSER IS OF 1104.15.
SO IT DOESNT MATTER WHAT THE CODE IS, THAT'S JUST WHAT HE'S ASKING FOR.
YEAH, IT'S, IT'S AN ORDER STATEMENT, SO I JUST MISS IT.
SORRY, I WAS JUST GONNA COMMENT.
I THINK THE POSTING IS FINE BECAUSE THE WORD OR IS IN THERE, THIS WAS JUST EXPLAINED.
SO I, I'M I'M LOOKING AT 25 2 7 74 UNDER C WHERE IT SAYS THE SECOND DWELLING UNIT, UM, AT LEAST 10 FEET, WHICH YOU SAID YES, BUT IT HAS TO BE TO THE REAR THE SIDE.
RIGHT? I I I'M NOT ASKING THEM TO FLIP IT.
I'M, I WAS JUST ASKING HIM THE USE OF IT IS GOING TO BE THE FRONT.
THEY'RE GONNA USE IT THE BACK AS THEIR PRIMARY, BUT THAT REALLY DOESN'T, THEY'RE NOT, THAT'S NOT GONNA BE OKAY.
UH, DARRELL HEAD AGENDA, BOARD MEMBER PR THANK YOU GUYS.
I MEAN, I, I THINK THAT'S THE ISSUE IS THAT, THAT HE'S EXPLAINED THAT THEY'RE GONNA BE USING IT DIFFERENTLY.
AND SO DOES THAT NEED TO BE POSTED AS A SEPARATE ISSUE? AND, AND BECAUSE FOR EXAMPLE, THEY'RE TELLING US, OKAY, WE WANT YOU TO APPROVE THE SIZE OF THIS ADU THAT THEY'VE NOW TOLD US IS GOING TO BE USED AS THE PRIMARY RESIDENTS, NOT THE ADU.
AND SO THAT'S THE ISSUE IS, IS THE CART BEFORE THE HORSE AND DO WE REALLY NEED TO GET INTO THIS? OR DO WE NEED TO HAVE THE ISSUE OF THE, YOU KNOW, WHICH ONE'S PRIMARY, WHICH ONE'S ADU? I DON'T THINK WE HAVE IN THE PAST, CUZ WE'VE DONE SOME OF THESE IN THE LAST SIX MONTHS, WE'VE PROBABLY DONE THREE OR FOUR AND I DON'T THINK WE, HAVE WE EVER SPECIFIED THAT LANGUAGE? I WAS ABOUT TO SAY, IF THEY WANNA LIVE IN THE EDU, THEY CAN LIVE IN THE EDU.
WELL, I MEAN THAT WAS JUST MORE OF A CLARIFICATION.
IT WASN'T FOR POSTING LANGUAGE.
[02:20:01]
I HAD A, I HAD AN ADDITIONAL QUESTION FOR THE APPLICANT.UM, I'M HAVING A HARD TIME UNDERSTANDING WHY, BECAUSE YOU NEED TO MOVE THIS NON-COMPLIANT STRUCTURE OUT OF THE SIDE SETBACK THAT YOU NEED TO ALSO INCREASE THE SIZE OF IT.
UH, WHAT REMEMBER IT GOES TO THE, TO PROVIDING THE REASONABLE LIVING NEEDS OF, OF THE, THE OWNER AND HIS FAMILY.
UM, THE REASON I MENTIONED THE MOVING OUT OF THE ENCROACHMENTS IS TO SHOW THE BENEFIT OF APPROVAL THAT'S, UM, CONSISTENT WITH THE LAND DEVELOPMENT CODE.
THE INTENT OF THE CODE, UM, BENEFITS THE NEIGHBOR BY PROVIDING MORE SPACE.
UM, AND ONE OF THE REASONS THAT THEY WROTE THEIR LETTER OF SUPPORT ACTUALLY.
WELL, AND I DO THINK WE, WE DO LOOK AT PRESERVATION OF THE EXISTING HOMES AS, AS A FACTOR OR WE HAVE IN THE PAST ANYWAYS, I'M JUST LOOKING, WE'VE GOT ANOTHER PIECE THAT'S SIMILAR.
SO CAN I SPEAK AGAIN STILL? SURE.
KELLY HAS HER HAND UP IF, SORRY.
MICAH, YOU'RE, YOU'RE ASKING MICAH YOU'RE ASKING IT'S ME.
I WAS LIKE, WHO'S SPEAKING? I KNOW, I KEEP LOOKING OVER LIKE, NOBODY CALLS ME MIKE.
YOU'RE WANTING THE TWO FAMILY TO BE IN THE FRONT AND THE PRIMARY TO BE IN THE REAR.
I THINK THAT'S EVENTUALLY HOW IT'D BE USED.
AND YOU'RE GONNA HAVE TO REQUEST A VARIANCE FOR THAT BECAUSE THAT PART OF THE CODE DOES STAY EXACTLY WHAT DARRELL SAID, THAT IT HAS TO BE 10 FEET TO THE REAR OF THE PENCIL PRINCIPAL STRUCTURE OR ABOVE A DETACHED GARAGE.
THAT'S, BUT I'M, I STRUGGLE WITH THAT BECAUSE I DON'T KNOW HOW THAT'S BEING DEFINED OR HOW'S THAT, HOW'S THAT BEING ENFORCED? THAT BEING ENFORCED, LIKE WELL THAT'S NOT TO THE REAR.
IT'S, YOU'RE GONNA, SO WHAT YOU'RE BASICALLY DO IS YOU'RE GONNA GO BEFORE, UM, YOUR PERMITTING PROCESS AND RESIDENTIAL REVIEW AND ASK THEM TO CHANGE THE USE OF THE PRINCIPAL STRUCTURE TO A TWO FAMILY AND HAVE THE REAR THE NEW STRUCTURE IN THE BACK BUILT AS A PRINCIPAL STRUCTURE.
SO BE POSTED OR, OR IS THE FRONT STRUCTURE GONNA STAY A SINGLE FAMILY, YOU'LL STAY SINGLE FAMILY.
SO IT'LL BE A SINGLE FAMILY ALSO.
WELL, IT, IT, IT, YOU CAN'T HAVE TWO SINGLE FAMILIES ON.
A LOT HAS TO BE A SINGLE FAMILY AND A SECONDARY DWELLING.
SO IF HE'S GONNA HAVE THE SEC THE PRIMARY RESIDENTS, THE SINGLE FAMILY RESIDENTS IN THE REAR, YOU HAVE TO REQUEST A VARIANCE TO HAVE THAT FRONT STRUCTURE CORRECT.
SO IT'S GONNA BE A POSTING ISSUE IT TO ME PERSONALLY.
THEN YOU, YOU PROBABLY HAVE THE VOTES TO SUPPORT WHAT YOU WANT TO DO.
JUST THAT NOW WE'RE IN A POSTING ISSUE.
SO AT THAT POINT I'LL MAKE A MOTION.
CAUSE IT'S A LEGAL, IT'S A LEGAL QUESTION PROPERLY.
IT'S NOT A SUPPORT QUESTION REQUESTS.
LITERALLY JUST, WELL, WELL IT'S, IT'S ALSO THEY NEED TO REQUEST A A ANOTHER VARIANCE IF THEY'RE TELLING US THAT ADU IS GOING TO BE IN FRONT.
JUST, THAT'S WHY IT JUST POSTPONED.
YEAH, BECAUSE THAT'S, THAT, THAT NEEDS TO BE POSTED ALSO IN OUR, IN, UH, MELISSA SECOND, IT AND KELLY STILL HAS HER HAND UP.
POOR KELLY'S BEEN SITTING THERE.
OH, I COULD, YEAH, I COULD START DOING THAT.
SO I THINK THAT REPOSTING IT AND ASKING FOR THE OTHER VARIANT WOULD RESOLVE MY ISSUE BECAUSE I'M WAS STUCK ON THIS ISSUE THAT THERE, IT'S A BIG ASK FOR A SECONDARY DWELLING UNIT.
IF IT IS LEGALLY GOING TO BE THE FIRST OR THE PRIMARY UNIT, THEN I MEAN, THEN IT NEEDS TO BE, I MEAN, I DIDN'T SEE THAT STATED IN OUR BACKUP, BUT THAT WAS THE INTENT THAT THERE WAS SOMETHING THAT WE COULD TIE THAT TO.
SO I WOULD BE SUPPORTIVE OF, OF THE REPOSTING AND THEM COMING BACK.
AND ALSO WHEN THEY, THEY DO COME BACK, I WOULD SAY THAT, YOU KNOW, A HARDSHIP IS, YOU KNOW, PRESERVATION OF THE EXISTING HISTORIC STRUCTURE.
UM, AND I WOULD BE INCLINED TO GRANT A, A VARIANCE THAT WOULD ALLOW FOR THE SWITCHING THE PRIMARY AND SECONDARY UNITS ON THE SITE.
PORTMAN KELLY'S ON FIRE TODAY, RIGHT? I'M TELLING.
YOU'RE GONNA TAKE MY PLACE WHEN I STEPPED DOWN.
KELLY
[02:25:01]
MELISSA SECOND.GOT THANK YOU FOR YOUR PATIENCE BY THE WAY.
CHECK OUT THE VIDEO, JUST, WHICH WE WENT ALL THE WAY AROUND FROM MY ORIGINAL THING.
DO WE NEED TO REPOST THIS? CAUSE IT'S AND, AND THEN MICHAEL? YES MA'AM.
SHE CAN'T, SHE CAN'T REPLACE YOU CUZ SHE HAS TO REPLACE ME.
OH, YOU'RE BOTH IRREPLACEABLE.
NOW THE RECORD'S GONNA REFLECT THAT SOMEBODY AT LEE SAID THAT, THAT I WAS CORRECT ON SOMETHING, RIGHT? YES, YOU WERE.
AND YOU MADE A REALLY STELLAR MOTION EARLIER IN THE EVENING.
LET'S GO AHEAD AND CALL THE VOTE.
THIS WILL BE TO POSTPONE TO THE HUH? IT WAS SOME HEAVY LIFTING.
I WAS JUST GONNA ASK, YOU KNOW, IF THEY DO THE PRINCIPLE DWELLING SWITCH, THEN DO THEY NEED A VARIANT FOR THE SIZE? THE OTHER QUESTION.
NO, IT WOULD JUST BE THE, THE, THE FLIPPING OF THE PRINCIPLE ON SECONDARY, I BELIEVE IT'S 948 SQUARE FEET IS THE FRONT HOUSE.
THAT SHOULD FALL UNDER MAYBE THE ONLY VARIANCE YOU ACTUALLY NEED.
BUT, BUT THEY'LL STILL NEED A VARIANCE.
THEY STILL NEED TO RE GET THE LANGUAGE CORRECT AND REPOST.
AND, AND, AND ELAINE WILL WORK WITH YOU ON THE THAT.
SO NO, THAT'S, THAT CAN ALL BE WORKED OUT TOMORROW.
I THINK WE HAD, UM, MAYBE NOT FULLY REALIZED THE INTENT OF THE LIVING SITUATION AT THE VERY BEGINNING OF THIS, SO.
SO THIS, THIS IS A MOTION TO POSTPONE TO NOVEMBER 14TH, MADE BY BOARD MEMBER OF V OWEN.
WE'RE GONNA POSTPONE UNTIL NOVEMBER 14TH.
THAT WAS EIGHT, NINE IS POSTPONED.
[10. C15-2022-0002 Marek Hnizda for Guadalupe Heights LLC]
TO ITEM 10 C 15 20 22 0 0 0 2.IF I DIDN'T, PLEASE CORRECT ME.
FOR GUADALUPE HIDES, LLC, 54 1 3 GUADALUPE STREET.
JUST STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES.
UM, MARK ESTA, UH, THANK YOU MADAM CHAIR AND BOARD MEMBERS FOR, UH, SEEING OUR CASE TONIGHT.
UM, YOU'VE SEEN THIS BEFORE AND, UH, SO FOCUS ON THE, UM, TWO MAIN UPDATES.
UM, UH, WE CAN GO TO THE NEXT SLIDE CAUSE WE TALKED ABOUT THAT ONE WHERE, UM, THE TYPICAL VERSUS THE, UM, EXISTING.
THIS IS A SLIDE WE, UH, CLARIFIED A LITTLE BIT FURTHER TO SHOW YOU HOW NONCONFORMING EXISTING BUILDING IS.
UM, AGAIN, A LITTLE BIT MORE, UM, INFORMATION HERE.
UH, NOTHING NEW FROM LAST TIME, SO YOU CAN GO TO THE NEXT SLIDE.
UH, THE MAIN CHANGE YOU'RE GONNA SEE IS ONE MORE SLIDE, UH, WHERE WE'VE REMOVED THE FOURTH FLOOR.
UH, WE'RE NOW ONLY A THREE STORY BUILDING.
UM, AND TO THAT END, UH, WE NO LONGER NEED TO SEEK ITEM B FROM THE VARIANCE AS JUST THE ITEM A, WHICH IS ASKING FOR THREE STORIES, UM, TO, UH, IN WITHIN 30 FEET VERSUS, UM, ALLOWABLE TWO STORIES IN, UH, IN, UM, 30 FEET, AS WELL AS THE FRONT SETBACK FROM GUADALUPE.
UH, STILL WE LIKE TO HAVE THAT.
UH, THE SECOND MAIN THING IS THAT WE'VE, UH, MET WITH THE NEIGHBORHOOD.
UH, WE'VE PRESENTED THE NEIGHBORHOOD, UH, GOT A LOT OF, UH, SUPPORT AND FEEDBACK FROM THEM AND WILL CONTINUE TO DO SO AS WE GET INTO THE DESIGN PORTION OF THIS.
UH, BUT TO GET SUPPORT FROM THEM, WE ACTUALLY HAVE THE VICE PRESIDENT OF THE, UH, NEIGHBORHOOD BOARD HERE, UH, TO SAY SOME WORDS AS WELL.
UM, AND SO I DIDN'T WANT TAKE OFF, UH, TAKE TOO MUCH MORE TIME, UM, AS YOU'VE ALREADY SEEN THIS CASE, UH, PREVIOUSLY.
UH, BUT I'M HAPPY TO ANSWER ANY OTHER QUESTIONS THAT MAY BE THE CASE.
UM, ONE LAST THING I'LL MENTION IS AT THE END OF THE PRESENTATION, IF WE KEEP GOING THROUGH TO THE IMAGES, UM, YOU'LL SEE IN THOSE, UH, ELEVATIONS, YOU'VE PROBABLY SEEN THAT WE'VE STRICKEN ALL THE FOURTH FLOOR.
UM, THE EXISTING, UM, BUILDING ON THE LEFT TOP AND BOTTOM AND, UM, A BLOCK NORTH OF OUR BUILDING IS A THREE STORY RESIDENTIAL BUILDING.
UH, SO WE WERE USING THIS AS AN EXAMPLE.
UM, AND, UH, FOR TWOFOLD, ONE IS TO SHOWCASE THE, UH, THE MASSING AND THE HEIGHT OF, UM, THAT,
[02:30:01]
UH, THE NEIGHBORHOOD WOULD, UH, SEE, UM, ON OUR PROPERTY, UH, AS WELL AS TO SHOW HOW, UM, THIS HAS BEEN SEEN IN CHARACTER WITH THE NEIGHBORHOOD.THE NEIGHBORHOOD HAS, UH, SEEMINGLY, UH, AGREED.
AND, UH, WE WOULD BE KIND OF CONTINUING THAT FABRIC, UH, ON OUR PROPERTY, ONE BLOCKED TO THE SOUTH.
STATE YOUR NAME FOR THE RECORD, PLEASE.
YOU'LL HAVE ABOUT TWO AND A HALF MINUTES.
I'M THE VICE PRESIDENT OF THE NORTH LOOP NEIGHBORHOOD ASSOCIATION.
I'M HERE ON BEHALF OF MY NEIGHBORHOOD ASSOCIATION.
UH, MR. ANTA CAME AND SPOKE TO US, UM, LAST WEDNESDAY ABOUT THIS PROJECT, AND THEN I'VE SPOKEN TO HIM IN THE PAST ABOUT IT.
UH, THE MEMBERS OF THE NEIGHBOR ASSOCIATION WHO WERE IN THE TENANTS VOTED UNANIMOUSLY TO SUPPORT HIS VARIANCE.
UH, IT'S IN KIND WITH, UM, THE THINGS THAT OUR NEIGHBORHOOD TENDS TO SUPPORT, UH, WHICH IS INCREASED DENSITY.
UM, HIS BUILDING IS DEFERRING TO THE NEIGHBORHOOD, MAINTAINING ALL THE SETBACKS PER CODE TO THE NEIGHBORHOOD.
HE'S AGREED TO TAKE THE FOURTH FLOOR OFF, UM, WHICH WOULD KEEP HIS BUILDING SHORTER THAN BUILDINGS, UH, IN THE ADJACENT, UH, UNDER THE ADJACENT MCMANSION CODE AND THE NEIGHBORING PROPERTIES.
UM, AND THE ADDITIONAL SET, THE, UH, VARIANCE TO THE SETBACK IN THE FRONT OF THE PROPERTY WILL ALLOW HIM TO BUILD LARGER UNITS.
UH, ONE OF THE THINGS WE'RE LOOKING FOR IS MORE TWO BEDROOM UNITS IN OUR NEIGHBORHOOD FOR FAMILIES.
AND THIS ALLOWS HIM TO DO THAT AND NOT FOCUS ON VERY SMALL UNITS.
UM, IT ALSO INCREASES, UH, HIS FAMILY TO THE PARKLAND, UH, ORDINANCE, WHICH WE ALSO SUPPORT.
SO I'M JUST HERE TO SUPPORT THE VARIANCE.
IS THERE ANY OPPOSITION? SEEING NONE.
LET'S CLOSE THE PUBLIC HEARING.
I LIKE WHAT YOU'RE ASKING FOR.
I I APPRECIATE THE INPUT FROM THE COMMUNITY.
IF THE VARIANCE, SINCE HE, THE PERSON HAS AGREED TO THREE STORIES INSTEAD OF FOUR STORIES, WOULD THERE BE A CHANGE IN THE WE WOULD CHANGE B C TWO A FROM FOUR TO THREE STORIES AND OUR MOTION.
I THINK THAT'S ADDRESS TO YOU, MR. MISTA MIS GOD.
UM, SAY YOUR LAST NAME FOR ME PLEASE.
UM, I THINK IF WE JUST STRIKE ITEM B, THAT SHOULD SUFFICE SINCE WE ARE STILL ASKING FOR, UH, THREE STORIES IN PLACE OF TWO AND 30 FEET.
UM, FOR, FOR THE BUILDING, IT'S ONLY THE LOCATION WHERE WE'RE ASKING FOR, UH, FOUR STORIES IN 40 FEET THAT WE NO LONGER NEED.
I HAD A QUESTION FOR THE APPLICANT.
WHEN YOU'RE TALKING ABOUT THREE STORIES, I'M LOOKING AT, UH, PAGE NINE ON YOUR MATERIALS HERE.
SO, UM, THESE ITEMS ON NINE AND 10 THAT HAVE, LET'S SEE.
YEAH, SO THAT'S WHAT WE'RE TALKING ABOUT.
WE'RE TALKING ABOUT PARKING AREAS AND THEN TWO LEVELS ABOVE THAT.
CAUSE I SAW SOME THAT HAD THREE LEVELS ABOVE THE PARKING AND THAT'S NOT WHAT YOU'RE ASKING FOR NOW.
WE PREVIOUSLY HAD THAT NO LONGER.
OTHER QUESTIONS? ADAM CHAIR, WANNA MAKE A MOTION TO APPROVE? OKAY.
WE'VE GOT A MOTION TO APPROVE MADE BY BOARD MEMBER BY OLAND, SECONDED BY VICE CHAIR.
DO YOU WANNA CLARIFY WHAT YOU, WHAT WE'RE APPROVING THAT WE'RE NOT APPROVING? B BOARD MEMBER VINYL LINE.
I THINK SHE WANTS YOU TO SAY YOU'RE MOVING.
UH, THERE SHE WAS ASKING FOR YOU TO CLARIFY EXACTLY WHAT WE'RE APPROVING SINCE I DON'T WANT B ANYMORE.
SO IT'D BE EVERYTHING EXCEPT FOR B, BUT I WAS JUST READING, READING TWO TO MAKE SURE THAT I HAVE MY, ALL MY LITTLE BLUE NOTES ON THE SIDE.
SO BEFORE I, BEFORE I GO COMMITTING MYSELF, MOST OF MY PAPERS LOOK
[02:35:01]
LIKE THEY'VE BEEN IN A KNIFE FIGHT CUZ THEY BLEED ALL OVER.WANNA MAKE SURE I DON'T HAVE ANY OTHER QUESTIONS.
SO YEAH, I'LL MAKE A MOTION TO APPROVE.
AND C, THAT'S GONNA BE THE HEIGHT LIMITATION INCREASE.
C, WHICH IS DECREASED THE FRONT STEP BACK TO 25 TO YEAH.
CUZ THEY DON'T, THEY DIDN'T NEED B, SO THAT'S FINE.
AND I WAS LOOKING AT MY NOTES HERE WHERE I WAS QUESTIONING B IF IT WAS GONNA BE NEEDED OR NOT.
ANYHOW, THREE STORY, 30 FEET AND HEIGHT.
YOUR DISCUSSION'S GOTTA MAKE A FINDING FINDINGS.
THAT'S THE NEXT REASONABLE USE IS ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THE BUYER RIDE BASIS OF ZONING REQUIREMENTS ALONE PROVIDE A VAST REDUCTION TO THE BUILDABLE, BUILDABLE AND REASONABLE USE OF THE PROPERTY HARDSHIP.
THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE IN IT IS UNIQUE TO THE PROPERTY IN THAT THEY HAVE AN ESTIMATED THAT A MORE TYPICAL LOT THIS SIZE WOULD HAVE A SITE UTILIZATION ABOUT 50% WITH BASE ZONING AND COMPATIBILITY, ZONING APPLIED.
WHEREAS THIS PROPERTY HAS A REDUCED ABILITY OF ONLY 34, 7 30 7% BECAUSE OF LEFTOVER NATURE OF THE PROPERTY CONFIG, PRIMARILY BECAUSE OF THE PROPERTY CONFIGURATION.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH A PROPERTY IS LOCATED BECAUSE TYPICAL PROPERTIES ADJACENT TO SF LOTS WOULD STILL BE ABLE TO YIELD A REASONABLE BUILT AREAS AND WOULD NOT HAVE THE SAME UNIQUE SHAPE OF THIS LOT.
I'M GONNA KEEP IT SHORT AND SIMPLE.
AND I APPRECIATE YOU MEETING WITH YOUR NEIGHBORS.
UH, DID Y'ALL, DID YOU DO THE AREA OF CHARACTER, MICHAEL? OH, I'M SORRY.
THAT'S USUALLY THE LONGEST ONE.
THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATION OF THE ZONING DISTRICT IN WHICH PROPERTY IS LOCATED BECAUSE ALL THE RELIEF OF THE VARIANCE REQUESTED IS PROPOSED TO BE RESOLVED ON SITE AND PROPOSES TO HAVE REDUCED IMPACT OF THE DEVELOPMENT OF THE SURROUNDING PROPERTIES.
SEE, MELISSA, WE NEED YOU TO COME IN HERE.
YOUR VARIANCE HAS BEEN GRA CONGRATULATIONS.
AND I AM REALLY READY TO BE DONE.
I I ONLY, I ONLY CAME FOR QUORUM
LET'S, YOU'RE VERY COMMITTED DATE.
UH, ITEM 12 OR CAN WE MOVE THE MEETING DATES UP? ITEM 16.
CAUSE THAT'S THE, THE ONLY ONE WE HAVE TO VOTE ON.
IF NO ONE HAS A PROBLEM WITH IT, UH,
[16. Discussion and possible action for adopting meeting dates for Jan. 2023-Dec. 2023]
WE COULD DO ITEM 16.SO THIS WILL BE THIS, UH, ITEM SIXTEEN'S DISCUSSION AND POSSIBLE ACTION FOR ADOPTING MEETING DATES FOR JANUARY, 2023 TO DECEMBER OF 2023.
I MOVED TO APPROVE THE MEETING DATES FOR 2023.
WE HAVE A MOTION TO APPROVE MADE BY BOARD MEMBER BAILEY, SECONDED BY, UH, BOARD MEMBER BON OLIN.
AND I KNOW THAT YOU GUYS ARE TRYING TO MOVE THINGS ALONG, BUT WE NEED TO HAVE SOME DISCUSSION ON THIS.
AND IT'S BECAUSE I'VE GOT A LIST HERE THAT YOU GUYS DON'T HAVE OF EVERYONE WHO'S BEEN ABSENT LATELY, AND THERE ARE A LOT OF ABSENCES.
THERE ARE FIVE OF US WHO DO WE NEED TO VOTE ON THIS FIRST BEFORE YOU GO WITH DISCUSSION DISCUSSING.
IS THAT RELEVANT TO OUR MEETING? VOTE ON? I CAN'T DISCUSS IT ANYMORE.
I JUST TRYING TO FIGURE OUT, BUT I, I, WELL, HERE'S THE POINT.
SO WE'RE VOTING ON THESE DATES.
FIVE OF US AREN'T, ARE POTENTIALLY WON'T BE HERE AFTER NEXT APRIL BECAUSE OF THE COUNCIL ELECTIONS.
UH, FIVE PROBABLY OF THE MORE EXPERIENCED PEOPLE ON THE BOARD.
I MEAN, I THINK EUROPE, I'M UP, UH, BOARD
[02:40:01]
MEMBER OF BON OLIN, UH, VICE CHAIR HAWTHORNE.WE MISS ONE PERSON, UH, WHO SAID NUMBER FIVE.
GOD, I CAN'T REMEMBER WHAT, BUT STILL, I MEAN, TAKE A LOOK AT THE DATES.
MAKE SURE YOU CAN WORK AROUND THEM BEFORE YOU VOTE ON, BECAUSE WE CAN CHANGE THEM BEFORE WE TURN THEM IN.
IF YOU DON'T LIKE WHAT YOU SEE HERE, WE, WE CAN'T JUST CHANGE THEM.
ELAINE HAS TO MAKE SURE THAT WE CAN HAVE AN ALTERNATIVE DATE.
SO WHAT WE CAN DO IS VOTE ON THIS AND IF, AND THEN IF SOMETHING COMES UP WHERE WE DON'T HAVE A QUO, THAT IS SOMETHING SHE'S GONNA HAVE TO DO ON A ANE BASIS.
SHE CAN'T DO THAT TONIGHT TO MAKE SURE THAT THIS PLACE IS AVAILABLE.
SHE CAN'T DO THAT TONIGHT ANYWAYS.
THAT HAS TO BE RELEVANT AS NEEDED BASIS.
AND THE MARCH, THE MARCH 13TH DATE IS THEN THE RIGHT, THAT'S, THAT'S SPRING BREAK FOR THE AUSTIN INDEPENDENT SCHOOL DISTRICT.
AND SO, YOU KNOW, I DON'T KNOW IF ANYBODY WANTS TO TAKE THAT INTO CONSIDERATION.
I I CERTAINLY WOULD NOT WANT TO HAVE A MEETING, UH, DURING AUSTIN SCHOOL DISTRICT'S SPRING BREAK.
WELL, I MEAN, WE DO IT EVERY YEAR.
WE DO IT BY SOUTH BY SOUTHWEST.
I DON'T HAVE A PROBLEM SHOWING UP.
I MEAN, JUST SO WHAT I'M, ALL I'M SAYING IS NOBODY KNOWS WHAT'S GONNA HAPPEN.
A SPECIFIC, I DON'T KNOW WHAT'S GONNA HAPPEN NEXT OCTOBER WITH ME.
OH, NO, I I, BUT I WENT THROUGH THESE BEFOREHAND AND LOOKED AT THE DATES AND LOOKED AT MY CALENDAR AND EVERYTHING SEEMED FINE.
BUT IF SOMETHING HAPPENS, SOMETHING COMES UP WITH SPRING BREAK THAT IS AN ISSUE, WE WOULD HAVE TO ADDRESS IT AT THAT TIME.
ELAINE WOULD HAVE TO TRY AND FIND US AN ALTERNATIVE DATE.
AND I'M OKAY WITH JUST ONE, BUT FOUR OR FIVE.
WHAT? MISSING FOUR OR FIVE MEETINGS.
WELL, WELL, ONE OF THOSE ALSO, THE, IT'S NOT, NOT THE THING TO TAKE, THE THING TO TAKE INTO CONSIDERATION OF MISSING FOUR OR FIVE MEETINGS ARE WHERE THEY ACTUALLY, EXCUSE ME, MISS MISSES OR JUST MISSES.
YOU KNOW, I KNOW I MISSED A COUPLE THIS YEAR.
PROBABLY I PROBABLY MISSED MORE.
I'M GETTING IN AT THAT AGE WHERE I'M LOOKING INTO OBITUARIES TO SEE IF I'M IN A G*****N THING.
AND HISTORICALLY I HAVEN'T MISSED.
BUT EV UH, I WHERE MORE PEOPLE THIS YEAR, I DON'T KNOW, INCLUDING MY FATHER.
WHICH I THOUGHT HE WAS GONNA LIVE PAST METHUSELAH, BUT IT DIDN'T HAPPEN.
SO WHEN, WHEN WE'RE TALKING ABOUT PEOPLE MISSING, ARE THEY EXCUSED? LEGITIMATE MISSES? ARE THEY JUST NOT SHOWING UP AND NOT CALLING IN AND THEN WE GOT SCRAMBLE TO GET IT, WHICH IS WHY WE HAVE ALTERNATES.
AND I, AND I UNDERSTAND WHERE YOU'RE COMING FROM, ADAM CHAIR, BUT THE FIRST MONTH CANCELING MEETINGS, THE MONDAYS OF THE MONTH THAT WE'VE BEEN HAVING HAVE BEEN PRETTY CONSISTENT FOR THE ENTIRE TIME I'VE BEEN ON THIS BOARD.
AND I UNDERSTAND WHEN NEWBIES COME IN, NEW, NEW, WHEN NEW COMMISSIONERS COME IN, THEY HAVE TO LEARN TO ADJUST THAT THIS, THIS IS CONSISTENT.
THIS IS WAY IT'S BEEN, AT LEAST MY 15 YEARS WILL BEING UP HERE EVERY, YOU KNOW, I BLOCK OUT THAT MONDAY, YOU KNOW, UNLESS IT, UNLESS IT'S SOMETHING WE TRIED TO GET, IT MOVED TO WEDNESDAY AND IT DIDN'T HAPPEN.
SO, AND THAT DIDN'T WORK WELL AT ALL.
AGAIN, I'M NOT POINTING ANY FINGERS AT ANYBODY.
YEAH, I'M JUST SAYING, IF YOU'RE GONNA COMMIT, PLEASE COMMIT.
BUT THAT, THAT GOES, THAT GOES WITHOUT SAYING FOR ANYBODY WHO WANTS TO SERVE ON THIS COMMISSION, YOU WOULD THINK BECAUSE
I CAN UNDERSTAND IF IT WAS SOMETHING THAT WASN'T SO CRITICAL AS TO OUR DECISIONS AND HOW THEY IMPACT, YOU KNOW, THE CITY'S GROWTH AND THE CITY DIRECTION OF THE GROWTH AND HOW THINGS PEOPLE HANDLE IT.
BUT I DON'T KNOW WHAT, I DON'T KNOW WHAT YOU, WE ONLY GET, I WILL SAY THIS, 12 MEETINGS A YEAR.
IF I HAVE TO CANCEL TWO OF THEM OR THE NEXT CHAIR TO CANCEL TWO OF THEM BECAUSE OF A, A LACK OF REPORT.
WE PROBABLY HAD TO CANCEL MORE MEETINGS THIS YEAR BECAUSE I'M QUORUM THAN I CAN EVER REMEMBER IN THIS PAST YEAR.
THE REASON I'M BRINGING IT UP, IT'S THE ONLY REASON I UNDERSTAND.
I'M TRYING TO, IF I'M NOT HERE NEXT TERM, THEN, YOU KNOW, SAVE THAT CHAIR A LITTLE BIT OF GRAVE.
ALSO JUST, BUT I WILL SAY THIS ALSO ON THE FLIP SIDE.
I THINK THE, THE CURRENT COMMISSIONERS THAT WE HAVE, UH, ON SERVING NOW ACTUALLY DO THEIR HOMEWORK.
I'VE BEEN ON SEVERAL YEARS THAT WE HAVE PEOPLE THAT WAIT TILL
[02:45:01]
THEY COME IN,SO KUDOS TO EVERYBODY THAT'S SERVING RIGHT NOW BECAUSE THEY, THEY DO DO THE HOMEWORK.
THEY DO COME IN PREPARED AND ARE ARE ASKING VERY INTELLIGENT QUESTIONS.
I THINK WE HAVE A GOOD BOARD RIGHT NOW.
IF YOU NEED ME FOR QUORUM, I NEED TO CALL THE QUESTION.
THIS IS A MOTION TO APPROVE THE SCHEDULE FOR 2023.
UH, I'D ACTUALLY LIKE TO MAKE A FRIENDLY AMENDMENT.
I WOULD LIKE TO ADD THE WORDS AT CITY HALL AFTER EVERY SINGLE ONE OF THOSE DATES.
WELL, SOMETIMES JUST, JUST LET ME, LET ME FINISH.
WHEN WE HAVE TO CHANGE A DATE AND MOVE.
THERE HAVE BEEN TIMES WE'VE HAD TO MOVE TO AUSTIN ENERGY ON BARTON SPRINGS OR ONE TEXAS CENTER.
SO THEY AREN'T NECESSARILY, IF WE HAVE TO FIND AN ALTERNATIVE DATE, WE, YOU HAVE MIGHT HAVE TO FIND AN ALTERNATIVE PLACE THAT HAS THE SAME SETUP.
SO WHEN YOU PUT AT CITY HALL, THAT DOES NOT ALLOW FOR THAT.
BOTH THE CODE AND THE BYLAWS FOR EMERGENCIES FOR HAVING TO MOVE A MEETING LIKE WE DID FOR WINTER STORM YEAR ARE NOT YEAR AGO.
WHAT WAS THE BIG COLD STORM WHERE WE HAD TO DO TEXAS ONE CENTER, BUT THE, THERE ARE PROVISIONS THERE FOR IT.
THIS IS JUST TO MAKE SURE WE DON'T HAVE ANOTHER, LIKE, BECAUSE THE WHOLE THING, THE, THERE HAVE BEEN RUMBLINGS ABOUT MOVING LAND USE COMMISSIONS, BUT TO THE PDC AGAIN, EVEN THOUGH THAT WAS SUPPOSED TO BE SQUASHED, AND I'M TRYING TO KEEP THAT FROM HAPPENING.
I, I, AS A SECONDARY, I ACCEPT YOUR AMENDMENT.
I DON'T KNOW ABOUT THE MOTION OR, OKAY.
SO THIS IS GONNA BE A MOTION TO APPROVE THE DATES WITH AND A FRIENDLY AMENDMENT TO ADD THE WORDS AT CITY HALL AFTER THE YEAR ON EACH DATE.
LET'S GO AHEAD AND CALL THE VOTE.
MELISSA, GO TO BED AND FEEL BETTER.
[12. Discussion of the September 12, 2022 BOA activity report]
12, WHICH IS GOING TO BE A DISCUSSION OF THE SEPTEMBER BO I ACTIVITY REPORT.OH, I FORGOT TO EMAIL THAT TO YOU, ELAINE.
I HAVE IT DONE THOUGH, THE REPORT, BUT THAT'S, YEAH, IT WAS SUPER HELPFUL.
[13. Discussion and possible action regarding an update on the resolution sent to council for the BOA Applicant Assistance Program (BAAP).]
UH, 13.DISCUSSION AND ACTION ITEM DISCUSSION AND POSSIBLE ACTION REGARDING AN UPDATE ON THE RESOLUTION CENTER COUNCIL FOR THE BOARD OF ADJUSTMENT AFRICAN ASSISTANCE PROGRAM.
I TALKED WITH BOTH DISTRICT ONE, DISTRICT THREE OFFICES TODAY THAT HOPEFULLY WILL GET PUT ON THE NEXT AGENDA.
I'M GONNA MAKE A LOT OF NOISE ABOUT IT AND SEE IF WE CAN GET THAT DONE BECAUSE THEY'VE BEEN READY FOR IT.
THE FUNDING'S BEEN THERE SINCE MAY, SO WE'LL SEE IF THAT'S ON.
YOU KNOW, THE NEXT THURSDAY MEETING.
THANK YOU FOR ALL YOUR HARD WORK.
[14. 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)]
ISN'T 14.DISCUSSION AND POSSIBLE ACTION BY THE BOARD.
UPDATE ON THE PROPOSED CHANGES TO BE APPEALS.
UH, DO ONE OF THE BOARD MEMBERS IN THAT WORKING GROUP WANT TO BOARD MEMBER MACARTHUR? WE'RE SETTING UP A ZOOM MEETING.
WE'RE AN EMAIL CONTACT KELLY AND DARRELL, AND WE'RE GONNA SET UP A ZOOM OR AN OUTDOOR IN PERSON.
THAT'S, YOU KNOW, PROGRESS IN THE RIGHT DIRECTION.
[15. Discussion and possible action regarding the Board’s Annual Internal Review Report (July 1, 2021-June 30, 2022) to Council]
15, DISCUSSION.REGARDING THE BOARD'S ANNUAL INTERNAL REVIEW REPORT.
THERE WILL BE NO ACTION BEGIN BECAUSE YOUR CHAIR WAS LATE SUBMITTING THAT TO THE LIAISON.
AND, UH, CAN WE CARRY THIS OVER FOR DISCUSSION FOR THE NEXT, UH, AGENDA PLEASE.
AND IF WE NEED TO, DO WE NEED TO JUST DISCUSSION? SORRY, JUST FOR DISCUSSION.
[17. Discussion of future agenda items, staff requests and potential special called meeting and/or workshop requests]
AGENDA ITEMS. GOING ONCE, GOING TWICE.I'D LIKE TO SEE ANNOUNCEMENTS PUT BACK ON THE AGENDA.
WE'LL FIGURE OUT WHERE TO PUT THAT.
LET'S ADD THAT TO NEW BUSINESS, PLEASE.
UH, IT IS 8:29 PM THIS MEETING OF THE BOARD OF ADJUSTMENT IS ADJOURNED.
[02:50:06]
TURNING BACK.I'D RATHER LIVE WITH THE BLUE, THE GATHERING ALL THE BROKEN PIECES OF.