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[CALL TO ORDER]

[00:00:03]

ONE.

IT IS 5:39 PM ON OCTOBER 10TH, 2020 22.

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

LET'S CALL THE ROLL.

TOMMY YATES.

BROOKE BAILEY HERE.

I'M YOUR CHAIR.

JESSICA COHEN.

VICE CHAIR MELISSA HAWK.

HERE.

BARBARA MACARTHUR.

HERE.

DARRELL PR.

HERE.

MICHAEL LIN? HERE.

CARRIE WALLER.

HERE.

KELLY BLOOM HERE.

AND MARCEL GARZA PIER.

DID I MISS ANYONE? 1, 2, 3, 4, 5 6 79.

THAT'S NOT, NOPE, THAT'S EVERYBODY.

OKAY.

ALL RIGHT.

COUPLE OF QUICK HOUSEKEEPING RULES.

UH, PLEASE TURN OFF.

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.

GIVE HER A CALL.

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.

DO NOT ADDRESS ONE ANOTHER.

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.

AND LAST, UH, PARKING TICKET.

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.

ALL RIGHT.

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.

THANK YOU VERY MUCH.

OKAY.

WE'RE GONNA START WITH

[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'LL SECOND THEN.

OKAY.

I'VE GOT A MOTION TO APPROVE MADE BY BOARD MEMBER BAILEY, SECONDED BY VICE CHAIR HOR.

ANY DISCUSSION BEFORE WE VOTE? OKAY.

BROOKE BAILEY? YES.

JESSICA COHEN.

YES.

MELISSA HAWTHORNE? YES.

BARBARA MCARTHUR? YES.

BARBARA MACARTHUR? YES.

SUPER.

DARRELL PR? YES.

MICHAEL LIN? YES.

CARRIE WALLER? YES.

KELLY BLOOM? YES.

MARCEL GARZA.

I'LL UNDERSTAND IT WASN'T HERE.

OKAY.

AND THAT PASSES

[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.

WAIT, IS IT THAT ITEM 11.

OH, SORRY, WRONG ONE.

THAT'S OKAY.

I JUST WANTED MAKE SURE, SORRY.

THE APPLICANT'S REQUESTING A POSTPONEMENT FOR THIS ONE.

ITEM 11

[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.

OKAY.

SO, YEAH.

OKAY.

SO THERE ARE TWO CASES TO BE POSTPONED.

DO I HAVE A MOTION? BOTH OF 'EM POSTPONE UNTIL NOVEMBER 14TH.

TEENTH.

UM, I THINK ON ONE OF 'EM WE HAVE TO DO A DIFFERENT ACTION.

WE CAN'T JUST DIRECTLY POSTPONE THE RECONSIDERATION.

CORRECT.

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.

INTERESTING.

OKAY.

WE'VE ALWAYS DONE IT THE OTHER WAY.

YEAH.

HISTORICALLY WE'VE ALWAYS HAD TO RECONSIDER IT FIRST.

CAUSE IF YOU DON'T OPEN THE CASE, YOU CAN'T POSTPONE IT.

RIGHT? I THINK THAT'S RIGHT.

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.

YES, YOU DO THAT.

IS IT OKAY.

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.

, IT WAS ITEM NINE IS THE RECONSIDERATION AND ITEM 11.

OKAY.

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.

OKAY.

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.

VICTORIA HASSI FOR CMC.

BH TWO COMPANY 1 69 MATTHEWS LANE.

DO I HAVE A MOTION? SO MOVED.

OKAY.

DO I HAVE A MOTION TO RECONSIDER? SECOND.

AND SECONDED.

MOTION WAS MADE BY BOARD MEMBER V OLAND, SECONDED BY BOARD MEMBER BAIL.

BROOKE BAILEY? YES.

MOTION TO RECONSIDER.

I WAS LIKE, YES.

SORRY.

CAUSE YOU WERE WRITING DOWN THE SECOND THAT'S CALLED THE BIRDS.

YES.

YES.

ME.

JESSICA COHEN.

YES.

MELISSA HAWTHORNE.

YES.

BARBARA MACARTHUR.

YES.

DARRELL PR? NO.

AUGUSTINA.

ROD.

OH WHOOP, SORRY.

MICHAEL VAN OLAND.

YES.

CARRIE WALLER.

YES.

KELLY BLOOM.

YES.

AND MARCEL GARZA? YES.

OKAY.

THAT PASSES.

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.

NOVEMBER 14TH.

MEANING, ANY OBJECTIONS? NO DISCUSSION.

OKAY.

DO I HAVE A SECOND? SECOND.

AND LET'S CALL THE BOAT ON POSTPONES BROOKE.

MAILING.

YES.

JESSICA COHEN.

YES.

MELISSA HAWTHORN.

YES.

BARBARA MCARTHUR.

YES.

DARRELL PRT.

YES.

MICHAEL VAN OLIN? YES.

CARRIE WALLER.

YES.

KELLY BLOOM? YES.

AND MARCEL GARZA? YES.

OKAY.

THOSE CASES ARE POSTPONED TILL NOVEMBER 14TH.

SORRY.

THE PUBLIC HEARING.

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.

APPLE TREE HOLDINGS, LLC.

TONY GWEN, 45 0 7 NORTH INTERSTATE, HIGHWAY 35, SERVICE ROAD, NORTHBOUND.

COME ON UP.

STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES ONCE WE GET YOUR PRESENTATION UP.

YES.

OKAY.

WHERE I CAN GO.

UM, MY NAME'S ALEX EBARRA.

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, THEY'RE VERY WELCOMING.

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.

AND WE'RE OPEN TO THAT.

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.

YOU'LL BACK MY TIME.

OKAY.

THANK YOU VERY MUCH.

ADAM.

CHAIR, GO AHEAD.

SHE'S GOT A CALL FOR THE, ANY OPPOSITION.

YEAH, BUT, AND WE, I THINK THERE IS SOME.

OKAY.

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.

OKAY.

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.

OKAY.

THANK Y'ALL VERY MUCH.

THANK YOU.

THANK YOU.

OKAY.

AND THEN FROM THE APPLICANT, YOU DO GET A TWO MINUTE REBUTTAL.

OKAY.

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.

IT BELONGS TO THE CITY.

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.

OKAY.

THANK

[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.

UH, TWO THINGS.

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.

MM-HMM.

.

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

I'LL, I'LL SECOND THEN.

OKAY.

HANG ON ONE SEC WHILE I JOT THAT DOWN.

DARRELL, I SAW YOUR HAND.

RIGHT.

MEMBER, I'LL MAKE A MOTION TO POSTPONE TO NOVEMBER FOUR 15 AND SECONDED.

I HEARD BOARD MEMBER BAILING.

SECONDED FIRST IS THE FIRST ONE I HEARD.

OKAY.

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.

OKAY.

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.

SO BACK TO ATTENDANCE.

WE'RE GONNA GO FROM THE TOP.

TOMMY ATE, WE'RE NOT HEARING YOU.

TOMMY.

MAYBE NOT, OR NOT.

OKAY.

THEN BACK TO 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.

MM-HMM.

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.

THANK 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.

OKAY.

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.

OKAY.

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.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS? MICHAEL, ARE YOU OKAY WITH DECEMBER? YES.

SOMEWHERE.

MAKE THAT A MOTION FOR DECEMBER.

UH, WHAT IS THAT GONNA BE? JUST DECEMBER 12TH LOOKS LIKE.

OKAY.

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.

I LOST IT ALREADY.

DECEMBER'S DECEMBER 12TH.

12TH.

THANK YOU.

MOTION TO POSTPONE UNTIL DECEMBER 12.

BROOKE BAILEY? YES.

JESSICA COHEN.

YES.

MELISSA HAWTHORNE.

YES.

BARBARA MCARTHUR? YES.

DARRELL PR? YES.

MICHAEL LIN? YES.

CARRIE WALLER? YES.

KELLY BLOOM? YES.

AND MARCEL GARZA? YES.

OKAY.

YOU'RE A POSTPONED UNTIL DECEMBER 12TH.

THANK YOU FOR COMING BACK BEFORE US.

NEXT

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

ITEM WILL BE ITEM FOUR.

THIS IS C 16 20 22 0 0 5.

JADEN ROD BRIERS FOR LEO GARCIA.

77 1 2 ELROY ROAD.

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.

YEAH.

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.

SORRY.

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.

IT'S LEO GARCIA.

HE'S SUPPOSED TO BE HERE.

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.

OH, RIGHT, RIGHT.

SO, BECAUSE I WOULDN'T, I WASN'T SURE THAT THEY WOULDN'T NEED TO REIFY.

UM, ALL RIGHT.

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.

OKAY.

UM, I'M ALL RIGHT WITH THAT.

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.

THAT WAS THE TIE.

I'M GONNA GIVE THAT ONE TO THE VICE CHAIR, I THINK GABE, SO THIS IS A MOTION TO POSTPONE TO NOVEMBER 14TH.

OH, NOPE, HE'S NOT.

UH, BROOKE BAILEY? YES.

JESSICA COHEN.

YES.

MELISSA HAWK? YES.

BARBARA MACARTHUR.

YES.

DARRELL PR? YES.

MICHAEL VAN OLIN? YES.

CARRIE WALLER? YES.

KELLY BLOOM? YES.

AND MARCEL GARZA? YES.

OKAY.

SORRY.

I NEED ONE SEC.

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.

OKAY.

OKAY.

I WAS JUST WONDERING IF HE WAS, UH, HE NEEDED SOME FEEDBACK THAT WE COULDN'T, WE COULDN'T SEE HIM YET.

HE JUST SENT A MESSAGE.

SO HE IS GETTING NO AUDIO FROM US EITHER.

OKAY.

OKAY.

OKAY.

THAT'S ALRIGHT.

WE'LL JUST MOVE ON TO THE NEXT ONE.

NEXT

[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.

RIGHT.

OKAY.

SO HOW WE WERE TALKING ABOUT THIS EARLIER.

UH, NOBODY DOESN'T GET TO SPEAK, UH, SINCE YOU'VE ASKED BEFOREHAND.

YES.

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.

ELAINE.

I, I'M NOT SURE ABOUT IN PERSON, BUT VIRTUALLY THERE'S NOT, THERE'S THAT.

OKAY.

WE HAVEN'T CHECKED THE BOOK YET, SO, OKAY.

MAD CHAIR.

YES.

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.

, WE'RE KIND OF GETTING OUTSIDE THE REALM OF, OF PROCEDURE, BUT IS THERE ANY OPPOSITION? NO.

OKAY.

DO YOU THINK YOU CAN FIT INTO FIVE OR SIX? I CAN GO A LOT FASTER.

OKAY.

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.

MY NAME'S RICHARD SULE.

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.

THANK YOU.

SUPER.

ALL RIGHT.

IF YOU'RE SPEAKING OF FAVOR, COME ON LINE UP AT THE PODIUM.

STILL GOT ABOUT TWO MINUTES LEFT.

OKAY.

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.

IT'S A VERY MODEST REQUEST.

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.

UM, AND THEY WERE VERY,

[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.

SO THANK YOU VERY MUCH.

ALL RIGHT.

THANK YOU.

Y'ALL HAVE ABOUT 30 SECONDS.

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.

OKAY, GO AHEAD.

YOU GOT ABOUT 30 SECONDS.

OKAY, THANKS.

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.

THANK YOU.

THANK YOU.

IS THERE ANYONE ELSE? EVERYBODY OKAY.

, IS THERE ANY OPPOSITION? NOPE.

OKAY.

ALL RIGHT.

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.

THAT WAS FANTASTIC.

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.

OKAY.

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.

YEAH.

CUZ THAT, THAT PRETTY MUCH, UH, SORT OF NEGATES YOU'RE ASKING FOR 60 FEET.

OKAY.

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 THAT TELLS ME THAT WE, YOU KNOW, IT'S CONTRADICTORY.

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.

OKAY.

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.

CORRECT.

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.

YEAH.

BUT IT'S ALL WITHIN THAT HIGH.

WE DON'T WANT TO, WE'RE NOT ASKING TO, TO GO HIGHER.

I, I UNDERSTAND.

CAN TIE IT, CAN WE TIE SECOND TO HELP HERE JUST FOR A SECOND.

JUMP IN THERE.

LISTEN.

YEAH.

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'M JUST REGISTER.

I I WOULD FEEL MORE COMFORTABLE TYING IT TO THEIR SITE PLAN.

OKAY.

AND THE FIVE STORIES THAT IS SHARED.

WELL, WE HAVE ONE AREA THAT IS SIX.

YEAH.

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.

YEAH.

SO IF WE SAID NO MORE THAN SIX ABOVE GRAY.

OKAY.

SO CAN WE JUST TIE IT TO THE SITE PLAN YOU SUBMITTED? YES.

OKAY, PERFECT.

I'M GOOD FOR ME.

GOOD.

ME TOO.

VERY EASY.

VIRTUAL MEMBER.

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.

.

I AM A LAWYER.

YEAH.

WHICH PAGE IS THE SITE PLAN ON IN YOUR BACKUP SO I DON'T HAVE TO GO DIG IT OUT.

GOOD FOR BACKUP HERE.

IT'S NOT JUST THE SITE PLAN, IT'S ALSO THE RENDERING.

SHOWING THE ELEVATIONS.

YEAH.

YEAH.

COSTING IS HUGE.

FIVE 12.

THE 12.

OKAY.

NOW THAT SHOWS THE EXISTING STRUCTURES MM-HMM.

, UH, FIVE 10.

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.

11 IS THE LAYOUT PLAN.

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.

YEAH.

CAN I, CAN I REFERENCE, I I'VE GOT A SITE PLAN NUMBER.

SURE.

THAT'S IN REVIEW.

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.

YOU SAID 25? NO, 23.

IT'S THE NEXT 23.

THE NEXT PAGE.

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.

OKAY.

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.

YEP.

YEAH.

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 THAT'S EASY.

YEAH.

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.

OKAY.

WE'RE STAYING 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.

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.

A HEIGHT, YES.

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.

OKAY.

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.

SO YEAH, LET MELISSA GO.

SHE MIGHT SHOW HAWTHORNE.

I MISS HAVING HER SITTING NEXT TO ME.

SHE ALWAYS LET BRAINSTORMING.

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.

I MEAN, COULD IT BE THAT,

[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.

CONNECT QUESTION PLEASE.

SURE.

HOSPITAL, RICHARD HAVEN'T HAD LOCATE, LOOK AT WHOEVER YOU HAVE.

ONE SECOND.

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.

PROBABLY NOT.

WE'RE WE'RE IN THE CIVIL RIGHT NOW.

OKAY.

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.

I REALLY DON'T.

CAUSE I KNOW THAT YOU'VE WORKED VERY HARD WITH THE NEIGHBORHOOD.

A VERBIAGE ON OUR SIDE.

YEAH.

ON OUR SIDE.

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.

BURNED, YEAH.

, WE BURNED.

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.

SURE.

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.

THAT'S FOR SURE.

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.

YEAH.

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.

YEAH.

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.

SURE.

I BELIEVE THAT'LL WORK.

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.

SO I THINK YOU'RE CORRECT.

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.

CORRECT? YES.

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.

YEAH.

WAS THAT YOUR ARCHITECT TRYING TO ANSWER THAT? DID I JUST HEARD ON THE PHONE? HE'S HE'S ON THE PHONE.

I'M SURE HE WOULD LOVE TO.

DID I HEAR SOMEONE ON THE PHONE WANTING TO ANSWER A QUESTION? CAN SOMEBODY, ACTUALLY, CAN YOU HEAR ME? YES.

THERE HE IS.

CAN SOMEBODY, PERFECT.

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.

THIS IS THE LOADING DOCK.

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.

OKAY.

SUPER.

THANK YOU.

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.

YOU REALLY WERE BEFORE ME.

UM, YEAH, NO, I WAS