[00:00:03]
[CALL TO ORDER]
IS 5:51 PM I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER ON.I JUST, UH, NOVEMBER 14TH, 2022.
LET ME GO AHEAD AND CALL THE ROLL TOMMY A ANSWER? YES, I SEE YOU AND I SAW YOU RAISE YOUR HAND, BUT DID NOT HEAR ANYTHING.
TOMMY, WE HAVE TO, SOMETHING JUST HAPPENED.
TOMMY, CAN YOU HEAR US? GET OUT.
I, UH, I'M GONNA COME BACK TO BOARD MEMBER EVES.
DAR, DID I MISS HIM? DARYL'S HERE? YEAH.
DID DARYL PRU? DID I NOT CALL? YEAH, I'M SORRY.
COUPLE OF QUICK HOUSEKEEPING NOTES.
UH, IS EVERYBODY UP ON THE DIAS SIGNED THE SIGN IN SHEET? IF YOU HAVE IT, MAKE SURE YOU SIGN IT AT THE END BEFORE YOU LEAVE TONIGHT.
UH, FOR THE AUDIENCE, UH, PLEASE TURN OFF YOUR CELL PHONES OR PUT THEM ON VIBRATE AFTER YOUR CASE IS OVER.
IF YOU HAVE ANY DISCUSSION, PLEASE TAKE IT OUT TO THE LOBBY.
IF YOU HAVE QUESTIONS, PLEASE WAIT UNTIL TOMORROW TO CALL OR EMAIL THE BOARD LIAISON.
ELAINE, UH, WHEN YOU'RE ADDRESSING THE BOARD, PLEASE SPEAK DIRECTLY TO THE BOARD.
UH, IF THERE'S ANY OPPOSITION, DO NOT SPEAK TO EACH OTHER.
I DON'T THINK WE'RE GOING TO NEED IT.
RIGHT, BUT THE BOARD DOES USUALLY TAKE A BREAK, UH, FOR ABOUT 10 MINUTES AT EIGHT O'CLOCK.
KIND OF A LIGHT LOAD THIS EVENING, SO HOPEFULLY WE WON'T HAVE TO.
ALSO, LAST BUT NOT LEAST, IF YOU'VE NOT GOTTEN YOUR PARKING TICKET STAMPED, THERE IS A LITTLE CLAMSHELL THING OVER THERE.
STAMPER DOODLE WITH A PIECE OF PAPER NEXT TO IT.
TAKE YOUR PARKING TICKET OVER THERE.
MAKE SURE IT'S VALIDATED SO THAT YOU DON'T HAVE TO PAY FOR YOUR PARKING.
MOVING ON TO EVERYONE WHO IS GOING TO BE GIVING TESTIMONY TONIGHT BEFORE THE BOARD, I NEED YOU TO PLEASE STAND AND I'M GOING TO HAVE YOU TAKE AN OATH OF AFFIRMATION.
DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? ALL RIGHT.
[APPROVAL OF MINUTES]
ON TO THE FIRST AGENDA ITEM APPROVAL OF THE MEETING MINUTES, UH, FROM OCTOBER 10TH, 2022.I'LL MOVE TO APPROVE THE MINUTES FROM OCTOBER, 2022.
AND YOU HAVE A MOTION TO APPROVE ME BY A BOARD MEMBER.
BAILEY, I'M HEARING, UM, THE, THE AUDIO ON MY COMPUTER.
HOW DO WE TELL TOMMY? WE CAN HEAR HIM, BUT MAYBE HE CAN'T HEAR US.
HOW DO WE TELL TOMMY THAT WE CAN HEAR HIM? TOMMY, WE CAN HEAR YOU.
CAN YOU HEAR US? I DON'T THINK HE HAS AUDIO.
SO HE CAN'T HEAR US? OH, YOU CAN HEAR ME, UHHUH? YEAH, I JUST CHATTED HIM.
I CAN, I YOU CAN HEAR ME? I JUST CAN'T HEAR YOU.
[00:05:01]
I DON'T KNOW WHAT THE OH, THE ISSUE IS, I'M GONNA HAVE TO, UM, I'M GONNA HAVE TO, UM, PUT THE SPEAKER ON, UM, MY PHONE.UM, AND, UH, JUST BEAR WITH ME.
BOARD MEMBER BAILEY SECONDED BY BOARD MEMBER GARZA.
IF HE CAN'T HEAR US, HOW HE GONNA KNOW WHEN WE CALL HIS NAME? CAN HE CAN'T HEAR US? HE SAID WE CAN HEAR HIM.
HE CAN, HE CAN HEAR US NOW BECAUSE HE PUT HIS PHONE ON SPEAKER.
I MIGHT SUGGEST JUST A SUGGESTION IF YOU WANT TO CALL IN AND COMMUNICATE THAT WAY, BUT KEEP, AND THEN YOU CAN HEAR THROUGH THE VIDEO, BUT UP TO YOU.
THE QUESTION IS, DID HE HEAR THAT? ARE YOU ON THE PHONE WITH HIM? HELLO? TELL ME, UH, THEY SUGGESTED THAT YOU CALL IN SO YOU CAN HAVE THE AUDIO.
YES, THAT'S, THAT'S WHAT I'M DOING NOW.
I'M, I'M CONNECTING THROUGH THE PHONE.
LET'S GO AHEAD AND CALL THE VOTE FOR NOW, SINCE IT'S JUST THE MINUTES.
[2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda.]
UH, ITEM TWO, DISCUSSION OF STAFF AND APPLICANT REQUEST FOR POSTPONEMENT AND WITHDRAWAL OF PUBLIC HEARING CASES POSTED ON THE AGENDA.I BELIEVE WE HAVE TWO CASES SCHEDULED FOR OUR, UH, WHERE WITHDRAWAL'S BEEN REQUESTED.
COULD YOU PLEASE READ THOSE? WE HAVE NUMBERS FOR ME CAUSE I DON'T HAVE MY EMAIL.
5 77 12 ELROY ROAD AND ITEM SEVEN C 15 20 22 65.
THEY'VE BOTH WITHDRAWN THEIR CASES.
UH, CTM I'M NOT GETTING HER THROUGH THE SPEAKERS UP ON THE DIAS, THE FOUR BOARD LIAISON.
I THINK SHE WAS JUST COMING THROUGH THE FRONT OVERHEADS.
YOU NEED ME TO REPEAT IT MADAM CHAIR? I, I I THINK WE GOT IT.
SO THIS IS, UH, C 16 20 22 0 77, 12 ELROY ROAD AND C 15 20 22 65 FIRST 1700 LOREDO DRIVE.
LET'S CLOSE THE PUBLIC HEARING.
[3. C16-2022-0011 Ezzi Signs for Michael Mann 7309 Lazy Creek Drive]
THIS WILL BE A NEW SIGN CASE FOR 73 0 9 LAZY CREEK DRIVE.THIS IS GOING TO BE C 16 20 22 11 AS HE SIGNS FOR MICHAEL MANN.
MADAM CHAIR, I AM GOING TO ABSTAIN ON THIS CASE, SO I'M GONNA BE RIGHT HERE, BUT I'M GONNA TURN EVERYTHING OFF.
DO WE HAVE A SPEAKER FOR THIS ITEM? THE ELAINE, RIGHT? HI.
UH, STATE YOUR NAME FOR THE RECORD.
THAT'S HOW MY NIGHT'S BEEN GOING.
AND THEN STATE YOUR NAME FOR THE RECORD AND YOU WILL HAVE THREE MINUTES TO GIVE US YOUR, UH, THREE FIVE, SORRY.
UM, SAMANTHA CANNON FROM EASY SIGNS
[00:10:02]
AND WE'RE TRYING TO GET APPROVAL ON A SIGN FOR THE AUSTIN INDEPENDENT SCHOOL DISTRICT.UM, THEY'RE CURRENTLY IN A RESIDENTIAL AREA.
UH, SORRY, I'M GONNA INTERRUPT YOU REAL QUICK.
WE'RE NOT GETTING ANY AUDIO UP HERE STILL FROM THE PODIUM? YES.
AND I CAN'T HEAR HER, BUT, AND ALSO THAT THERE'S A PRESENTATION WITH THIS.
AND ALSO, COULD YOU PULL UP HER PRESENTATION PLEASE? COULD YOU TOUCH YOUR MIC REAL QUICK FOR ME? YEAH.
I CAN HEAR IT COMING FROM THE FRONT SPEAKERS.
I CAN RESET THIS SYSTEM, BUT I DUNNO.
WHAT ABOUT THE TRAVELING MIC? HUH? YOU HANDHELD ONE? I DON'T KNOW WHERE THAT'S, I DON'T EVEN THINK THEY HAVE THAT.
SO THE, UH, CHAIR A S ANYTHING WE CALL MEETING, YOU SAID THAT THEY WERE HAVING AN ISSUE WITH RESOLVE BE THEY'RE TALKING DO YOU WANNA TO THE MEETING FOR A MINUTES? NO, THAT'S FINE.
SHOULD I RESTART OR, YEAH, GO AND RESTART.
UM, SAMANTHA CANNON FROM EASY SIGNS.
WE ARE TRYING TO GO FOR A VARIANCE FOR THE SIGN FOR AUSTIN INDEPENDENT SCHOOL DISTRICT.
UM, RIGHT NOW THE SCHOOL IS IN A LOW DENSITY RESIDENTIAL AREA, SO THE SIGNAGE THAT WE WANNA PUT UP, IT'S NOT, IT'S, IT, IT'S NOT UP TO CODE.
SO THAT'S WHY WE'RE GOING FOR THE VARIANCE.
UM, AND WHAT WE FOUND OUT IS, LET'S SEE HERE.
SO WHERE WE WOULD PUT THE SIGN IS HIGH ENOUGH WHERE NOBODY CAN TOUCH IT.
UM, SO THERE'S NO PEDESTRIAN ACCESS.
AND THEN IT'S A TWO STORY BUILDING, SO IT HAS TO BE HIGHER SO IT CAN BE SEEN.
SO THAT'S KIND OF WHAT WE WERE GOING FOR.
AND THEN WE HAVE TO HAVE SOMETHING THAT ESTABLISHES THAT IT'S A SCHOOL, SO THAT'S WHERE THE SIGNAGE WOULD COME IN.
THAT'S KIND OF REALLY ALL I HAVE.
DO YOU HAVE OTHER SLIDES THAT YOU WOULD LIKE TO SHOW OR? OH, SURE.
YEAH, JUST TELL HIM NEXT SLIDE AND TELL US ABOUT THE SLIDE.
UH, YOU CAN GO TO THE NEXT ONE.
SO THIS IS THE SIGNING QUESTION.
UM, IT SAYS, LINDON B JOHNSON EARLY COLLEGE HIGH SCHOOL, AND IT'S AN ALUMINUM SIGN, UM, THAT IS SECURED TO ALUMINUM FRAMES, WHICH YOU'LL SEE COMING UP.
AND THEN EVERYTHING IS STAINLESS STEEL SCREWS, THREADED SCREWS, UM, AND THEN THOSE ARE FINS THAT THEY'RE LIKE, KIND OF LIKE A DECORATIVE THING.
UM, BUT THE GENERAL CONTRACTOR'S ALSO HERE TOO, AND HE CAN TALK ABOUT IT IF YOU HAVE MORE QUESTIONS ON THE FIN PART OF IT.
UM, IF YOU COULD GO TO THE NEXT SLIDE.
SO THERE'S A DETAILED DRAWING OF THE MOUNTING, LIKE HOW IT'LL BE MOUNTED.
WE HAVE THE, IF YOU LOOK ON THE, WHERE IT'S MOUNTED, UM, THE PURPLE PART IS THE FRAME.
SO IT'S AN ALUMINUM FRAME THAT WE'RE WELDING TOGETHER, AND THEN WE'RE WELDING TO THE EXISTING FRAME THAT'S ALREADY THERE.
AND THEN THE ALUMINUM LETTERS ARE ATTACHED TO THE FRAME AND THAT GOES, THE FRAME WILL GO AROUND THE FINS.
SO IT'S NOT CONNECTING ONTO THE FINS AT ALL.
IT'S CONNECTING ONTO THE STRUCTURE BEHIND THE FINS.
YOU GO TO THE NEXT ONE, PLEASE.
AND THERE'S JUST AN EASIER DIAGRAM TO SHOW YOU HOW IT'LL BE MOUNTED IN SEVERAL PLACES.
AND THEN IF YOU LOOK KIND OF IN THE MIDDLE OF THE PAGE TO THE RIGHT, THERE'S DOTTED LINES.
THAT'S WHERE YOU CAN SEE THE FINS.
SO WE'LL BE GOING AROUND THE FINS.
THIS, AND THEN THERE'S THE STRUCTURE THAT'S EXISTING.
UM, CURRENTLY IT HAS FINS ON IT, BUT THIS IS THE BASE OF IT, IT THAT WE'D BE ATTACHING TO.
THERE'S JUST ANOTHER BUILDING, ELEVATION, DRAWING OF
[00:15:01]
IT.YOU STILL HAVE ABOUT TWO MINUTES IF YOU'D LIKE TO TOUCH ON MAYBE LIKE YOUR HARDSHIP.
UM, I MEAN, THERE'S NO, THERE'S NO OTHER, I DON'T THINK THERE'S ANY BUILDINGS AROUND IT TO LIKE, COMPETE WITH ANYTHING.
I MEAN, THE SCHOOL HAS TO HAVE LIKE AN IDENTIFICATION, SO IT HAS TO HAVE SOME KIND OF SIGN.
AND WHEN WE LOOKED UP THE CODE, IT'S ONLY 12 SQUARE FEET, WHICH ISN'T IT, THAT'S VERY, VERY SMALL.
SO THERE'S NO WAY IF YOU WERE ON THE MAIN ROAD THAT YOU COULD EVEN SEE THE SIGN.
SO THERE'S ANOTHER REASON WHERE WE WENT BIGGER, SLIGHTLY
IS THAT EVERYTHING? I THINK THAT'S ALL I HAVE.
YEAH, I, I SORT OF FIGURED YOU'RE, YOU'RE FINE.
UM, I THINK MAYBE YOU'VE GOT ABOUT A MINUTE LEFT.
IS THAT YOUR CONTRACTOR ARCHITECT? HE WANTS TO SPEAK.
YOU WOULD NEED TO COME UP TO THE PODIUM AND STATE YOUR NAME FOR THE RECORD.
DO YOU WANT ME TO GO BACK? UH, YOU COULD STAY IF YOU WANT.
DOESN'T MATTER, RIGHT? BECAUSE WE'RE TELEVISED.
EVERYTHING HAS TO BE RECORDED.
MY NAME'S STUART BAKER AND I WORK FOR CONSTRUCTION.
COULD YOU GO BACK ONE MORE SLIDE? THE KEEP GOING.
I WANT TO LOOK AT THE SITE RIGHT THERE.
I NEED A POINTER, BUT IT AIN'T GONNA WORK.
SO WHERE THE SIGN IS GOING TO GO, IF YOU'LL LOOK ON THE LEFT HAND SIDE OF THE PICTURE, UH, ABOUT WHERE THAT MIDDLE SQUARE IS, THAT'S THE ENTRANCE TO THE SCHOOL.
THOSE VERTICALS ARE IN PLACE, BUT IF YOU LOOK OVER HERE ON THE PICTURE, ON THE RIGHT HAND SIDE WHERE IT SAYS A, THAT'S ABOUT WHERE THE SIGN'S GONNA BE.
IT'S, UH, CHANNELS, RIGHT? ALUMINUM CHANNELS.
AND, UH, IT'S THE SQUARE FOOTAGE IS WHAT WE'RE LOOKING FOR IN A VARIANCE.
THERE'S TWO VARIANCES AND THE HEIGHT, RIGHT? MM-HMM.
SO THE SQUARE FOOTAGE IS SIX FEET MORE AND THEN THE HEIGHT WOULD BE, NO, IT'S NOT THE HEIGHT, IT'S THE MAXIMUM SIGN AREA.
WE'RE LOOKING FOR VARIANCE ON THE SIDES.
I'M GONNA GO AHEAD AND STOP Y'ALL THERE.
AND LET ME ASK, IS THERE ANY OPPOSITION? OKAY.
LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND YOU GO, OKAY, GO AHEAD.
UH, BOARD MEMBER BAILEY, I THINK WE'RE GONNA HAVE SOME QUESTIONS HERE.
SO I UNDERSTAND YOU'RE ASKING FOR A LARGER SIGN.
IT'S NOT GOING TO BE ILLUMINATED, SO THERE'S NO ILLUMINATION AT ALL.
AND I'M VERY FAMILIAR WITH THIS THING, HOW I WENT TO HIGH SCHOOL HERE.
UM, AND IT IS
SO, UM, I TOTALLY UNDERSTAND WHY THEY NEED A LARGER SIGN BECAUSE YOU CAN'T SEE IT.
UM, BECAUSE THEY'RE CHANGING THE NAME OF THE HIGH SCHOOL.
SO THEY HAVE TO HAVE A NEW SIGN FOR THE NEW HIGH SCHOOL.
AND THE PLACE WE USED TO WALK IN AND GO INTO THE LIBRARY UP THE STAIRS.
THAT'S STILL THE FRONT ENTRANCE.
WE'VE JUST, WE RAISED, WE PUT A CLEAR STORY ON TOP OF IT AND PUT VERTICAL AND EVERYTHING'S PURPLE.
HEY, WE PICKED THAT COLOR
THAT'S A, THAT CLARIFIES A FEW THINGS.
ANYBODY ELSE? ANY OTHER QUESTIONS? UH, BOARD MEMBER MACARTHUR.
I JUST SPENT A FEW MINUTES LOOKING AT THE OTHER SCHOOLS AND I COULDN'T FIND A SCHOOL THAT HAD A SIGN LESS THAN 12 SQUARE FEET, SO THAT WAS CURIOUS TO ME IN ANY OF THE RESIDENTIAL AREAS.
I COULDN'T HEAR WHAT SHE SAID.
SHE SAID SHE COULD, SHE WAS LOOKING AROUND TO SEE IF ANY OTHER SCHOOLS HAD ANY, ANY SIGNS LIKE THIS, ESPECIALLY IN THE RESIDENTIAL AREA.
WHAT THAT'S UNDER 12 FEET THAT MEETS CODE.
UM, I'M NOT OPPOSED TO GRINDING A LARGER SIGN BECAUSE OF THE SETBACK FROM THE STREET, BUT WHERE I'M STUCK IS WHY SPECIFICALLY ARE YOU LOOKING FOR 80 SQUARE FEET AS OPPOSED TO SAY, WOULD 60 SQUARE FEET BE ADEQUATE? UM, WHY THE PARTICULAR HEIGHT WOULD A LOWER HEIGHT AND THUS A REQUEST FOR A SMALLER VARIANCE ALSO WORK JUST AS WELL.
UM, THERE'S A LOT OF LETTERS
LIKE, CAUSE DO YOU HAVE LIKE DOCUMENTATION OR ANALYSIS OR MAYBE EXAMPLES TO SHOW WHAT IT MIGHT LOOK LIKE FROM DIFFERENT DISTANCES?
[00:20:01]
WE COULD.BUT WE COULD SHRINK IT AND SHOW YOU.
I DON'T HAVE THAT CAPABILITY RIGHT NOW.
ANY OTHER QUESTIONS? VIRTUAL MEMBERS? DO I HAVE A MOTION? YEAH, I'LL MOVE TO APPROVE.
I GOTTA READ OUT THE VARIANCES.
SHE GOT YOU GOT VERY LUCKY THERE, MARCEL.
OKAY, I'LL MOVE TO APPROVE THE VARIANCE.
SEEKING TO EXCEED THE SIGN HEIGHT OF BUILDING FACADE MAXIMUM ALLOWED FROM 30 FEET TO 36 FEET REQUESTED IN ORDER TO ATTACH A WALL SIGN TO TWO-STORY SCHOOL BUILDING, EXCEED MAXIMUM SIGN AREA OF 12 FEET TO 80, REQUESTED TO ALLOW THE WALL SIGN TO BE VISIBLE.
UM, THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THE ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE DUE TO THE LOCATION, THE BUILDING BEING ON A LOW DENSITY RESIDENTIAL AREA, AN INDICATOR IS NEEDED TO IDENTIFY THE TYPE OF ESTABLISHMENT IT'S PROPOSING TO BE, WHICH, AND ALSO IT'S SET QUITE A WAYS BACK FROM THE STREET.
GRANTING OF THIS VARIANCE WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT UPON NEIGHBORING PROPERTIES BECAUSE THE SIGN WILL BE MOUNTED ON THE WALL WHILE ALSO BEING AT A HEIGHT THAT WILL NOT BE REACHED BY ANY PEDESTRIAN.
AND I WANT THAT IN MY MOTION THAT THIS WILL NOT BE A LIT SIGN.
UM, GRANTING VARIANCE WOULD NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHER SIMILAR SITUATED OR POTENTIALLY SIMILARLY SITUATED BECAUSE IT WILL BE AS AN IDENTIFICATION FACTOR FOR AN A I S D SCHOOL, WHICH ALL THE SCHOOLS HAVE SIGNAGE.
SO THIS IS A MOTION TO APPROVE WITH THE CONDITION OF NO ELIMINATION MADE BY BOARD MEMBER BAILEY.
SECONDED BY BOARD MEMBER BON OLAND.
LET'S GO AHEAD AND CALL THE VOTE.
I'M GONNA ABSTAIN FROM VOTING AS WELL.
I DON'T, I DON'T KNOW THAT THERE'S A REQUIREMENT FOR ME TO ABSTAIN, BUT WE HAVE RECENTLY RECEIVED, UM, THE SCHOOL DISTRICT AS A CLIENT AT MY LAW FIRM.
I HAVEN'T DONE ANYTHING WITH THIS PARTICULAR THING, BUT I DON'T FEEL COMFORTABLE DOING THAT, SO I'M GONNA ABSTAIN.
UH, BOARD MEMBER OF UN YEAH, I THINK, UH, PAGE SHEET SIX OF 15 SHOWS IT'S A GOOD DISTANCE FROM THE STREET AND THEY'RE GONNA NEED TO BE SEEN.
AND IT'S NOT LIT, SO IT'S NOT GONNA IMPACT THE NEIGHBORHOOD.
I'M GONNA VOTE YES, BUT I'M GONNA SAY THAT, YOU KNOW, IN THE FUTURE, I, I DO REALLY NEED TO SEE JUSTIFICATION FOR THE SPECIFIC ASKS.
LIKE, YOU KNOW, WHY THIS SPECIFIC SQUARE FEET, I MEAN, LOOKING AT THIS, YOU KNOW, THE DISTANCE, THE TREE LINE, THINGS LIKE THAT.
I'M WILLING TO SUPPORT IT THIS TIME.
BUT JUST, YOU KNOW, FYI, IF YOU COME BACK AND I'M ON THE BOARD, THAT'S, I WOULD BE LOOKING TOWARD, YOU KNOW, JUSTIFICATION OF THE SPECIFIC ASK.
YOU'RE VERY, SINCE GRANTED, MADAME CHAIR CEILING, UH, WE DIDN'T GET TOMMY'S VOTE, AND I THOUGHT TOMMY HASN'T BEEN READ IN YET.
AND THEN I THOUGHT, UM, MARCEL SECONDED THE MOTION, NOT MICHAEL.
UH, MICHAEL SECONDED IT FIRST.
I MEAN, EITHER WAY IT'S A SECOND.
I'M GOOD TRYING TO SPREAD THE LOVE HERE, BUT YEAH.
NO, Y'ALL, Y'ALL ARE, Y'ALL ARE GOOD.
YOU'RE VERY GRANTED GOOD FEEL THIS TIME.
AND I'M GOING TO CALL A FIVE MINUTE RECESS BECAUSE I CANNOT SPEND MY TIME HAVING TO READ THE TELEPROMPTER TO HEAR MY FELLOW BOARD MEMBERS.
DO WHATEVER YOU NEED TO DO, PLEASE.
AND THEN TOMMY WILL CALL YOU BACK INTO THE ROLE WHEN WE COME BACK.
SO FIVE MINUTES EVERY MORNING, I'M SORRY FOR THE DELAY ORDER AT 6:23 PM ITEM FIVE, UH, C 15 20 22.
CAN YOU, BEFORE YOU DO THAT, CAN YOU RECALL THE ROLE, PLEASE? OH, RIGHT, SORRY.
UH, AND IF I COULD GET ALL MY VIRTUAL MEMBERS TO COME BACK ON SCREEN AND DID WILLS TOMMY AGAIN.
[00:25:01]
SO NO NEED TO RECALL THE ROLE.[5. C15-2022-0082 Brian Wills for Justin and Joy Hirsch 2406 Sweetbrush Drive]
AGAIN, THIS WILL BE FOR C 15 20 22 0 E TWO.BRIAN WILLS FOR JUSTIN AND JOY HIRSCH 24 0 6 SWEET BRUSH DRIVE.
UH, IF YOU COULD PULL THE PRESENTATION UP, PLEASE.
I'M ACTUALLY THE ARCHITECT FOR THIS PROJECT, AND BRIAN WILLS IS MY PROJECT MANAGER.
HE'S HERE WITH ME IF THERE ARE QUESTIONS I CAN'T ANSWER AS OUR HOMEOWNER IS ALSO HERE.
UM, WE ARE REQUESTING FOR 24 0 6 SWEET BRUSH DRIVE.
WE ARE REQUESTING A REDUCTION IN A THROUGH STREET SETBACK ON THE REAR STREET FROM 25 FEET TO A TYPICAL 10 FOOT REAR YARD SETBACK.
UM, WE HAD A, UH, LET'S SEE IF I CAN, THERE, WE HAD ORIGINALLY HAD A PLANNING MEETING AT THE CITY AND WERE TOLD THAT WE WERE GOING TO, NEEDED TO COMPLY WITH A 15 FOOT SIDE STREET SETBACK FOR MATTHEWS BECAUSE OUR PROPERTY IS IN IRREGULAR SHAPE AND THERE ARE FIVE SIDES.
UH, IN A SUBSEQUENT MEETING, THE REVIEWER SAID, OH, NO, THAT WAS A MISTAKE.
WE NEED TO APPLY THE THROUGH STREET SETBACK HERE.
SO YOU'RE GONNA HAVE A 25 FOOT SETBACK.
UM, OUR, OUR VARIANCE REQUEST IS TO CONSTRUCT A TWO-CAR ENCLOSED GARAGE WITH A GUEST DEPARTMENT OVER IT.
UM, WE'RE TRYING TO DO THIS UTILIZING AN EXISTING DRIVEWAY FROM SWEET BRUSH AND, UM, ALSO PRESERVE TREES ON THE SITE.
SO I'M GONNA GO TO THE NEXT EXHIBIT, WHICH IS, UH, LET ME GO TO THIS ONE.
THIS IS THE, THIS IS, UH, WHAT THE PROPERTY FRONTS.
UH, THE PREVIOUS SLIDE WAS DEED RESTRICTIONS.
WE ARE DEED RESTRICTED TO FRONT SWEET BRUSH, AND THE, THE SUBDIVISION CALLS FOR A 25 FOOT SETBACK ON SWEET BRUSH AND A 10 FOOT SETBACK ON MATTHEWS.
UM, I REALIZE THE DEED RESTRICTIONS DON'T NECESSARILY APPLY TO ZONING RESTRICTIONS.
UH, BUT WHAT WE'RE LOOKING AT HERE IS THIS SITE.
THE, WITH THE 25 FOOT SETBACK IN THE BOLD ORANGE, YOU CAN SEE IN THE BOLD ORANGE, THE FIVE FOOT SIDE YARD SETBACKS AND THE 10 FOOT SETBACK THAT WE'RE REQUESTING ALONG MATTHEW'S DRIVE.
IN THE, IN THE, UH, FADED ORANGE, YOU CAN SEE OUR GARAGE SETBACK, WHICH IS 72 FEET.
IN THIS CASE, IN THE NEIGHBORHOOD PLAN, THE GARAGE CAN'T BE IN THE FRONT YARD.
AND YOU ALSO CAN SEE ALONG MATTHEW'S DRIVE WHAT THAT 25 FOOT SETBACK DOES TO, TO OUR FOOTPRINT.
IN BLUE, YOU SEE, UH, A FOOTPRINT OF A, OF A REQUESTED TWO CAR GARAGE.
AND I, AND THIS IS KIND OF THE MINIMUM SIZE I FELT LIKE I COULD, WE COULD BUILD AND ACTUALLY ACCOMMODATE TWO CARS COMFORTABLY.
UM, WHAT IS LE AND THE, THE BRIGHT ORANGE CIRCLES ARE HALF CRITICAL ROOT ZONES OF PROTECTED TREES.
NOTICE THE EXISTING DRIVEWAY COMES IN OFF A SWEET BRUSH AND RUNS DOWN THE LEFT SIDE OF THE PROPERTY, AND CURRENTLY IT TURNS INTO THAT EXISTING PERLA PARKING SPACE.
WHAT WE'RE PROPOSING IS WE TEAR DOWN THAT PERLO PARKING SPACE, UH, RESTORE SOME PERVIOUS COVER WITH GARDEN, AND BUILD AN ENCLOSED GARAGE WHERE THIS BLUE SQUARE IS DRAWN.
UM, A SITE SECTION SHOWS SWEET BRUSH DRIVE, EXISTING GRADE MATTHEWS DRIVE EXISTING GRADE.
WHERE THIS BLUE BOX IS, IS THE APPROXIMATE MASSING THAT WE, WE ARE PROPOSING FOR THIS NEW STRUCTURE.
UM, IT'S, IT'S A STORY AND A HALF BECAUSE I'D LIKE TO KEEP THE SECOND FLOOR TUCKED UNDER THE ROOF LINE SO THAT THE STRUCTURE DOESN'T, UM, WE REALLY WOULD LIKE TO, FOR IT TO BE AS INVISIBLE FROM THE FRONT OF THE HOUSE AS POSSIBLE.
SO WE'RE KIND OF MAKING THIS THING AS TIGHT AS WE CAN MAKE IT.
UM, THERE'S A 13 FOOT GRADE CHANGE BETWEEN OUR PROPOSED GARAGE FLOOR AND MATTHEWS DRIVE.
THAT GARAGE FLOOR IS SITTING UP ON THE GRADE OF THE EXISTING DRIVEWAY.
UM, THESE ARE SOME SITE PHOTOGRAPHS.
IN THE UPPER LEFT PHOTO, YOU CAN SEE A BLUE RECTANGLED DRAWN ON THE DRIVEWAY DOWN AT THE FAR END.
THAT'S THE APPROXIMATE FOOTPRINT
[00:30:01]
THAT WE'RE ASKING FOR THAT PLACEMENT FOR THAT GARAGE.UH, THE RIGHT SHOWS, THE RIGHT PHOTOGRAPH IS THE PERGOLA THAT EXISTS ON SITE.
UM, THE, THE LOWER LEFT PHOTOGRAPH IS JUST ANOTHER, IS AN EXAMPLE OF THIS DRIVEWAY AND THE GRADE AND THE, AND THE TREES AROUND IT.
UM, THIS, THESE PHOTOGRAPHS ARE FROM MATTHEWS, UH, THE BLUE SHOWS APPROXIMATE MASSING WE'RE ASKING FOR.
I WILL POINT OUT THAT THERE IS A FENCE IN THE RIGHT PHOTOGRAPH THAT WILL REMAIN THAT FENCE.
WHAT WE'RE ASKING FOR IS ON THE OTHER SIDE OF THAT FENCE, UH, THESE NEIGHBORS, THESE PROPERTIES IN YELLOW.
I NEED YOU TO WRAP IT UP IN JUST ONE PART, PLEASE.
THE PROPERTIES IN YELLOW ARE ADJACENT PROPERTIES THAT ALREADY, CAN I HAVE THAT BACK? NO.
WE HAVE, UH, 19 LETTERS OF SUPPORT FROM NEIGHBORS.
NO, NO OPPOSITION THAT I'M AWARE OF.
IS THERE ANY OPPOSITION? SEEING NONE.
LETS GO AHEAD AND CLOSE THE PUBLIC HEARING.
I'LL START WITH BOARD MEMBER BON OLEN.
I'LL MAKE A MOTION TO APPROVE.
UH, I BELIEVE THEY'VE GOT OH, LEGITIMATE HARDSHIPS WITH TOPOGRAPHY, IRREGULAR SHAPED LOTS, THE NUMEROUS TREES.
EVEN IF THEY REMOVE THE PERLA PARKING AND THEY WANT TO USE THAT SPACE, THEY WOULD STILL NEED A VARIANCE BECAUSE IT LOOKS LIKE, BASED ON WHAT I SAW ON SHEET FIVE FOUR FOR THE PRESENTATION, THAT WHOLE SIDE OF THE HOUSE, THAT WHOLE SIDE OF THE LOT.
UH, I'M GONNA INTERRUPT YOU REAL QUICK BEFORE WE GET A SECOND ON THAT, BECAUSE I THINK TOMMY IS BACK.
AND TOMMY, CAN YOU HEAR US? YES.
SO I'M GONNA RECALL THE ROLL REAL QUICK SO WE CAN BEGIN ON THAT PHONE.
UH, RIGHT AFTER I CALLED THE VOTE AGAIN, OR SORRY, THE ROLE, I'M GONNA CALL THE ROLE AGAIN SINCE TOMMY'S, UH, ABLE TO HEAR AND SPEAK NOW.
SO THIS IS THE ROLE FOR TONIGHT.
GOOD TO GO? YEAH, THAT'S, THAT'S WHY I'M GONNA MAKE A MOTION TO APPROVE, BECAUSE TAKING A LOOK AT WHAT I SAW HERE, HE'S GOT LEGITIMATE HARDSHIPS.
I, UH, I THINK TO CALL IT A THROUGH LOT IS SOMEWHAT OF A STRETCH.
IT'S NOT A DIRECT THROUGH LOT, BUT THAT'S, THAT'S NEITHER HERE NOR THERE AS FAR AS MY MOTION IS CONCERNED.
BUT BETWEEN THE TOPOGRAPHY, THE IRREGULAR SHAPED LOT, THE NUMEROUS TREES AND CRITICAL ROOT ZONES, NO INCREASE IMPERVIOUS COVER, NO FAR VARIANCE FOR THE GUEST HOUSE.
YOU KNOW, I THINK IT'S, IT'S A LEGITIMATE, LEGITIMATE CALL.
SO I'LL MAKE A MOTION TO APPROVE.
IS THERE A SECOND? I'LL ONE QUESTION.
SO WHAT ARE THE OTHER HOUSES LIKE IF YOU WERE GONNA DO SETBACK AVERAGING ON MATTHEWS OR ARE THEY ALL AT 10 FEET? UM, THERE'S AN EXHIBIT WHICH WE DIDN'T GET TO, WHICH SHOWS PROPERTIES THAT ALREADY HAVE, UH, PERMITS FOR, UH, BUILDINGS WITHIN OR 10 FEET FROM THE, FROM MATTHEWS DRIVE.
AND THERE ARE QUITE A FEW IN THAT PRESENTATION.
DO YOU KNOW THE REASON WE WENT FOR 10? THE REASON WE WENT FOR 10 FEET WAS BECAUSE THAT WAS CONSISTENT WITH WHAT THE OTHER PROPERTIES HAVE.
MICHAEL, UH, DID YOU HAVE A QUESTION, BROOKE? OKAY.
BOARD MEMBER BLOOM QUESTION ON PAGE 24 IN THE BACK, IT'S THE LIST OF DEED RESTRICTIONS.
UM, HOW DO YOU PROPOSE TO ADDRESS THAT? I WOULD LIKE TO PROB I PROBABLY MAKE A, UH, COVERED WALKWAY TO CONNECT IT BACK TO THE HOUSE.
UM, YEAH, WE, WE SUBMITTED THIS APPLICATION BEFORE WE HAVE A DESIGN BECAUSE IF WE DON'T GET THE VARIANCE, THERE IS NOTHING TO, THERE'S NOTHING TO BUILD.
OTHER QUESTIONS? I HAVE ONE, IF NO ONE ELSE DOES.
SO I KNOW THERE WAS, I HAD A QUESTION ABOUT WHETHER OR NOT THIS SAYS IT'S GOING TO BE AN ATTACH.
[00:35:01]
YOU'RE GONNA TOUCH IT WITH A WALKWAY.IS THAT TO LIKE MEET WITH IRC TO, TO, UH, MEET DE ATTACHED DESCRIPTION? YES.
THE DEED RESTRICTIONS REQUIRE, UH, THE DEEDS NOT REALLY OUR PURVIEW.
I'M THINKING NO, BUT I DON'T WANNA VIOLATE THE DEED RESTRICTIONS EITHER, SO THAT'S WHY I WOULD DO THAT.
SO IT HAS TO BE ATTACHED BECAUSE YOU'RE DOING IT ATTACHED BECAUSE OF THE DEED? BECAUSE OF THE DEED RESTRICTION.
BUT IT'S, BUT THE ONLY SPOT THE, THE GARAGE CAN PHYSICALLY FIT IS WHERE I'M SHOWING IT ON THE PLAN.
THEN I'LL HAVE A RATHER MINIMAL CONNECTION JUST TO MEET THE DEED RESTRICTION.
DO YOU HAVE ANY PICTURES OR PLANS SHOWING HOW THE TWO WILL BE CONNECTED YET? NO, BUT I PLAN TO MAKE KIND OF A COLON A.
THIS IS A MOTION TO APPROVE REASONABLE USE THE PROPERTY.
WAS PLANNED WITH A RESTRICTED COVENANT IN 55.
REQUIRE RESIDENCE TO FRONT SUITE BRUSH DRIVE AND SPECIFICALLY CALLS OUT A 25 FOOT FRONT BUILDING LINE SETBACK ON SWEEP BRUSH AND 10 FOOT REAR SETBACK ON MATTHEWS LANE.
13 IS IN IRREGULAR SHAPED LOT PLAT IN 68 WITH RESTRICTIONS TO REQUIRE RESIDENCE JUST TO FRONT SWEET BRUSH AND ESTABLISHES A 10 FOOT REAR SETBACK.
THE ZONING CODE ALLOWS FOR A GARAGE GUEST HOUSE TO BE CONSTRUCTED ON THIS PROPERTY, BUT THE WAY ITS CONSTRAINTS ARE SET UP, IT'S UNABLE TO DO SO.
THE HARDSHIP, UH, FOR THIS PROPERTY IS UNIQUE TO THE PROPERTY AND THAT THE LOT IS IRREGULARLY SHAPED.
CONTAINS SEVERAL LARGE HERITAGE, HERITAGE AND PROTECTIVE TREES.
TYPOGRAPHY AND IS IRRE IRREGULAR SHAPED LOT AS WELL.
THE HARDSHIP IS NOT GENERAL TO THE AREAS THAT, TO THE AREA SINCE LOT 13 IS THE ONLY LOT BETWEEN SWEET BRUSH DRIVE AND MATTHEW'S LANE WITHOUT THE ALLOWABLE 10 FOOT SETBACK FROM MATTHEWS DRIVE AREA CHARACTER.
THE AREA I'M NOT GONNA GO INTO MULTIPLE SURROUNDING PROPERTIES ALSO CONTAIN THE STRUCTURES NEAR THE 25 FOOT TO MATTHEWS DRIVE AND WITHIN, UH, 10 FEET GROUNDING.
THE VARIANCE WOULD WOULD BE IN COMPATIBILITY WITH THE OTHER PROPERTIES IN THE AREA, MANY OF WHICH AREAS CONTAIN STRUCTURES NEAR AND THE 25 FEET TO MATTHEWS.
THIS ONE WAS A LITTLE SPACED OUT, SO I BELIEVE THAT'S IT.
SO MOTION TO APPROVE MADE BY BOARD MEMBER BY O SECONDED BY BOARD MEMBER BAILEY, LET'S CALL THE VOTE.
[6. C15-2022-0061 Nikelle Meade for Cortlandt Chalfant 1401 E. 3rd Street]
NEXT ITEM WILL BE THE PREVIOUS POSTPONE.THIS IS C 15 20 22 0 60 ONEAL MEAD FOR COURTLAND CHILD FUND.
AND IF YOU'LL JUST STATE YOUR NAME FOR THE RECORD, YOU'LL HAVE FIVE.
DO YOU HAVE A PRESENTATION? YES, WE DO.
GOOD EVENING BOARD MEMBERS, ALICIA TAMI FOR NAEL MEAD.
UH, WE HAVE THE PROPERTY OWNER HERE, CORTLAND, SHE FONT WITH NEXUS PRIVATE CAPITAL.
WE ALSO HAVE THE SURVEYOR HERE IN PERSON.
AND THEN WE HAVE THE ARCHITECT BECKY JEANS ON THE PHONE IF YOU HAVE QUESTIONS.
SO YOU CAN GO AHEAD AND, UH, SO WE'RE, WE'RE JUST, JUST A LITTLE BACKGROUND HERE.
WE'RE RETURNING TO YOU AFTER DISCUSSING THESE PLANS WITH THE COMMUNITY BY NOW, YOU KNOW THE PROPERTY HISTORY AND WE'VE PROVIDED THAT HISTORICAL BACKUP AT YOUR REQUEST AS WELL.
WE ARE HAPPY TO REPORT THAT THE NEIGHBORHOOD DISCUSSIONS WERE POSITIVE AND HELPED US CREATE A PROJECT THAT THE COMMUNITY CAN BE PROUD OF INSTEAD OF WHAT'S THERE CURRENTLY.
LEE, UH, WE RECEIVED A UNANIMOUS VOTE OF SUPPORT FROM THE EAST CAESAR CHAVEZ NEIGHBORHOOD PLAN CONTACT TEAM AT THEIR MEETING ON SEPTEMBER 21ST.
AND YOU HAVE IN YOUR BACKUP THREE LETTERS OF SUPPORT.
ONE FROM THE NEIGHBORHOOD ASSOCIATION, ONE WITH THE NEXT DOOR NEIGHBOR, AND THEN ONE FROM ANOTHER NEIGHBOR, UM, IN THE NEIGHBORHOOD WHO JUST APPRECIATED THE PROJECT.
SO WITH THAT, YOU CAN GO TO THE FIRST SLIDE.
[00:40:01]
IS TO REMOVE THE STRUCTURE THAT'S THERE NOW AND CONSTRUCT TWO UNITS, THE SINGLE FAMILY RESIDENCE AND ACCESSORY DWELLING UNIT.BUT TO DO THAT WE WILL NEED A VARIANCE, UH, TO REDUCE THE STREETSIDE YARD SET FROM 15 FEET TO 10 FEET.
AND NOT THAT YOU NEED A REMINDER, BUT HERE IS WHAT'S THERE CURRENTLY.
AND THIS IS WHAT WE ARE PROPOSING TO BUILD.
THIS IS JUST A CONCEPTUAL MODEL HERE.
THIS IS WHAT WE TALKED WITH THE NEIGHBORHOOD ABOUT.
YOU CAN JUST SEE THE, THE BUILDING PLAN HERE TO HAVE A UNIT A AND A UNIT B.
SO WHY DO WE NEED THIS VARIANT? SO THE ZONING REGULATIONS DON'T ALLOW FOR REASONABLE USE.
THEY WOULD ONLY PERMIT A STRUCTURE THAT'S 15 FEET WIDE AND APPROXIMATELY 32% BUILDABLE AREA.
AND THAT WIDTH JUST DOESN'T ALLOW FOR A FUNCTIONAL LAYOUT OF INTERIOR ROOMS. NEXT SLIDE.
THE HARDSHIP IS UNIQUE TO THE PROPERTY BECAUSE THIS PROPERTY'S A SUBSTANDARD LOT AND IT'S 35 FEET WIDE WITH A 15 FOOT SETBACK ON THE SIDE.
THE HARDSHIP NOT GENERAL TO THE AREA BECAUSE THERE ARE OTHER LOTS IN THE AREA THAT HAVE THE ABILITY TO ACHIEVE THE BUILDING COVERAGE WITHOUT THAT LARGER SETBACK ON THE SIDE, UH, WE, THEY DON'T HAVE THE SAME CONSTRAINTS THAT WE HAVE.
WE'RE A NARROW SUBSTANDARD CORNER LOT WITH SUCH A LARGE SETBACK ON ONE SIDE THAT IT JUST DOESN'T ALLOW US TO REACH THAT, THAT 40% BUILDING COVERAGE THAT'S ALLOWABLE BY THE ZONING REGULATIONS.
THE APPROVAL WOULD NOT ALTER THE CHARACTER OF THE AREA BECAUSE IT'S, IT'S NOT UNCOMMON FOR STRUCTURES TO BE PLACED IN THE SETBACKS IN THIS NEIGHBORHOOD.
AND THAT ADDITIONAL WIDTH GIVE ALLOWS THE DESIGN TO BE ARCHITECTURALLY APPEALING AND TO ACTUALLY BLEND IN WITH THE AREA CHARACTER.
SO, AND THE REASON WE KNOW THAT, UH, WE KNOW THIS IS BECAUSE WE ACTUALLY CONDUCTED A STUDY AND MOST OF THE STRUCTURES ALONG NAV SOTO SIT SOMEWHERE WITHIN THAT 15 FOOT SETBACK ALONG, UH, NAV SOTO.
AND IF YOU'LL GO TO THE NEXT SLIDE, WE JUST CREATED A LITTLE CHART SO YOU CAN VISUALLY SEE THAT THE MAJORITY OF THE SET, A MAJORITY OF THE STRUCTURES SIT WITHIN FIVE TO 10 FEET OF THAT SETBACK, WHICH IS WHAT WE'RE REQUESTING A FIVE FOOT, UH, VARIANCE TO BE 10 FEET AWAY INSTEAD OF 15 FEET AWAY.
AND WITH THAT, THAT ENDS MY PRESENTATION AND WE'LL JUST, WE RESPECTFULLY REQUEST APPROVAL OF OUR VARIANCE.
I'M AVAILABLE FOR QUESTIONS, AS IS THE PROPERTY OWNER, THE ARCHITECT, AND THE SURVEYOR.
IS THERE ANY OPPOSITION? SEEING NONE.
LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING BOARD MEMBER OF ON OLEN.
FIRST OF ALL, THANKS FOR GETTING WITH THE NEIGHBORHOOD ASSOCIATIONS AND WORKING WITH THEM.
I'M FINALLY A RESOLUTION TO THIS TRO ABSOLUTELY.
BECAUSE WE ALL WERE SORT OF WONDERING HOW THIS WAS GOING TO END UP.
UH, MY QUESTION TO YOU, TO THE ARCHITECT, TO THE CONTRACTORS AND THE OWNER, I'M MORE THAN WILLING TO MAKE A, A MOTION TO APPROVE THIS.
I KNOW I CAN GET THE, THE HARDSHIPS TO WHERE IT NEEDS TO BE.
BUT ARE, ARE YOU PREPARED TO BE ABLE TO, TO BE LIMITED TO THE FACT THAT THE PROJECT IS NOT TO DEVIATE FROM THE RENDERINGS ON PAGE SIX, UH, SIX OF 11 AND OR FROM THE FLOOR PLANS OF SIX OF 10.
CAN YOU WORK WITH IT WITH WHAT YOU PRESENTED HERE? BECAUSE I, I CAUGHT THE WORD BEING A FORMER BUILDER AND A CONTRACTOR, I CAUGHT THE WORDS, YOU KNOW, RENDERINGS, I KNOW IT'S RENTING AND I, AND I DO AND I AM FULLY AWARE THAT THE FIELD DICTATES SOMETIMES WHAT YOU CAN, YOU KNOW, BUT AS LONG AS IT STAYS RELATIVELY CLOSE TO THIS FLOOR PLAN ON ITEM SIX 10 AND THE RENDERING THAT'S PROVIDED ON SIX 11, BECAUSE I BELIEVE THAT IS ALSO WHAT YOU SUPPORT FROM THE NEIGHBORHOOD ASSOCIATION IS PROBABLY BASED ON IF YOU GUYS ARE GOOD TO GO AND, AND COMMIT TO THAT, I WILL MAKE, I WILL MAKE A MOTION AND IF LEGAL ALLOWS ME, I'LL MAKE THAT MOTION WITH THAT, WITH THAT CRITERIA.
WE ARE, WE ARE OKAY WITH THAT BOARD MEMBER.
HE MAY WANNA SPEAK ON THE RECORD TO THAT AS WELL, UH, IF YOU HAVE QUESTIONS.
[00:45:01]
I, I'D LIKE TO HEAR, HEAR HIM COMMITTHAT'S WHAT I'M GOING TO MAKE SURE OF AT LEAST, CUZ, BECAUSE THAT'S, THAT'S GONNA BE THE CRITERIA THAT I MAKE MY MOTION.
WE, WE HAVE NO OBJECTION TO THAT STIPULATION.
WE STIPULATED THAT WE WOULD, MY NAME'S HAN.
I'M THE MANAGING MEMBER OF NEXUS PRIVATE CAPITAL.
THE RELUCTANT OWNER OF THIS PROPERTY, I MIGHT ADD.
THIS IS NOT, UH, TALK ABOUT AN ALRO.
IT'S HIT US HARDER THAN, THAN YOU MIGHT IMAGINE.
SO, UH, WE'VE STIPULATED TO THE COMMUNITY THAT WE WILL STICK TO THESE FLOOR PLANS AND THE RENDERING.
UM, WE SPENT A LOT OF ENERGY GETTING TO THIS POINT, YOU KNOW? OH YES.
MORE THAN YOU TYPICALLY DO TO BEFORE A, A HEARING LIKE THIS.
I WILL SAY THAT THE ONLY THING THAT WOULD CAUSE US TO COME BACK IN THE FUTURE IS IF WE SUBSEQUENTLY HAVE A PROBLEM WITH AUSTIN ENERGY AND THE RELOCATION OF A, OF A POWER LINE.
UH, THERE'S SOME QUESTION IN MY MIND.
THEY'VE GIVEN US A LETTER INDICATING THAT WE'RE OKAY.
BUT I SUSPECT WHEN WE SUBMIT PLANS, WE MAY SEE THAT RISE AGAIN.
SO WE WOULD WORK WITH THE COMMUNITY, WE'D WORK WITH THIS BOARD.
ANYBODY ELSE? SO OTHER THAN THAT, I'M FAMILIAR WITH THAT AREA, THAT NEIGHBORHOOD AND MY BUSINESS WASN'T THAT FAR FROM THERE FOR THE LAST 30 YEARS PLUS YEARS.
SO I KNOW, I KNOW WHAT YOU'RE TALKING ABOUT AND BASED ON WHAT I RECALL, THERE'S PROBABLY A COUPLE GOOD SPOTS FOR DROPS FOR YOUR CAR.
OTHER THAN THAT, NO PROBLEM AT ALL.
I'LL MAKE A MOTION TO APPROVE.
DID YOU ON SECOND HOP ON, UH, DID YOU WANT, WHAT WAS THE CONDITION YOU WANTED TO TIE THAT TO OR IS THERE YEAH, WHICH RENDERING THE, YEAH, THE MOTION TO APPROVE IS CONTINGENT UPON THE PROJECT, NOT DEVIATING.
I MEAN, THERE'S, THERE MAY BE A LITTLE BIT BUT NOT DEVIATING MUCH FROM, UH, THE RENDERING THAT IS ON PAGE SIX 10 AND THE FLOOR PLAN, OR I MEAN SIX 11 AND FLOOR PLANS THAT ARE PRESENTED IN THE PACKAGE ON SIX 10.
I'M AWFULLY FOND OF THE COLOR AS WELL.
SO THIS IS A MOTION TO APPROVE MADE BY MICHAEL VAN OLEN.
MR. MELISSA, I KNOW FINDINGS DON'T, UH, WITH, UH, THE CONDITION OF ONLY MINOR, UH, DEVIATION FROM THE RENDERING ON SIX 11 AND WHAT ON 6 6, 6 10 AND SIX 11.
AND, UH, SIX 10 IS THE FLOOR PLAN.
FINDINGS, PLEASE, SIR, I THINK THERE WAS, WE'VE GOT SOME QUESTIONS.
ARE THERE MORE QUESTIONS? YES, THERE ARE.
AND THEN I, I SEE BOARD MEMBER APPROVE.
SO MY QUESTION IS, THIS IS A DIFFERENT VARIANCE THAN THE ONE PRESENTED IN JULY.
SO, UM, IS IT OKAY IF WE SUBSTITUTE VARIANCES AND THEN JUST PASS IT UNDER THE SAME CASE? UH, WASN'T THE RE NOTIFIED ELAINE? SO YEAH, I BELIEVE THIS WAS RE NOTIFIED.
YES, IT WAS RE NOTIFIED IN OCTOBER.
AND, UH, BOARD MEMBER PERT, I HAD A REAL QUICK QUESTION.
AND THE OTHER THING I'D OFFER A FRIENDLY AMENDMENT THAT THE, UH, WOULD INCLUDE REMOVAL OF THE EXISTING NON-COMPLIANT STRUCTURE.
THEY'RE GONNA HAVE TO DO THAT TO BUILD THIS ONE, BUT I JUST WANNA STATE THAT THAT'S, THAT'S TOTALLY ACCEPTABLE.
IS THERE ANY OBJECTION TO THE FRIENDLY AMENDMENT? NO.
IS THAT EVERYTHING? BOARD MEMBER MACARTHUR? YES, I'M DONE.
BOARD MEMBER PER, I JUST HAD A REAL QUICK QUESTION FOR THE OWNER.
UM, I SEE ON THE, ON THE DESIGN THAT YOU'RE USING DRIVEWAY STRIPS.
IS THAT TO COME WITHIN YOUR IMPERVIOUS COVER LIMITATIONS OR IS THERE A PARTICULAR REASON FOR THAT PARTICULAR DESIGN? UH, ELEMENT COVERAGE IS TIGHT.
IT'S A QUESTION FOR THE ARCHITECT.
UM, DON'T HAVE AN ABSOLUTE ANSWER, BUT MORE THAN LIKELY THAT IS THE CASE.
UH, IT, THE COVERAGE IS VERY TIGHT.
THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR A REASONABLE USE BECAUSE THE REGULATIONS ONLY PERMITTED STRUCTURE APPROXIMATELY 15 FEET WIDTH WITH 32% BUILDABLE AREA ON THE, ON THE LOT.
THIS WIDTH IS NOT ADEQUATELY ALLOW FOR THE FUNCTIONAL LAYOUT OF THE INTERIOR ROOMS OR FORCES CREATION OF A STRUCTURE THAT DOES NOT BLEND IN WELL WITH THE COMMUNITY STANDARD HARDSHIP FOR THE, UH, HARDSHIP.
THE HARDSHIP FOR WHICH VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT IT RESULTS FROM THE PROPERTY BEING A SUBSTANDARD LOT AS STATED ABOVE.
AND THAT IS ONLY 30 FEET, FEET, 35 FEET WIDE, LOCATED ON A CORNER LOT SUBJECT TO 15 FOOT STREETSIDE SETBACKS.
[00:50:01]
IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE OTHER LOTS IN THE AREA THAT ARE EITHER SUBSTANDARD LOTS OR CORNER LOTS ARE ABLE TO ACHIEVE THE 40% BUILDING COVERAGE LIABLE AREA CHARACTER.THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY.
IT WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH PROPERTY IS LOCATED BECAUSE IT IS COMMON FOR STRUCTURE TO BE LOCATED WITHIN THE SETBACKS IN THIS PARTICULAR NEIGHBORHOOD, INCLUDING MANY STRUCTURES WITHIN 10 FEET OR LESS OF THE STREET.
AND I'LL JUST LEAVE IT AT THAT.
SHE WOULD LIKE A FRIENDLY AMENDMENT OF NOTHING MORE THAN FOUR, FOUR FFA.
AND AGAIN, THANK YOU FOR WORKING WITH EVERYBODY.
THIS THING HAS BEEN HANGING OUT HERE FOR A YEAR OR MORE.
I MEAN, AS PAINFUL AS IT IS, BUT THE OTHER ONE, AT LEAST SOME REASONABLENESS HAS PREVAILED.
SO JUST FOR THE RECORD, I WASN'T THE BUILDER, WASN'T THE I KNOW YOU WEREN'T
WE DO, WE SAW THAT IN A PACKET.
WHY SHE SAY WHY SHE COME OUTTA HERE
I WILL BE SURE TO TELL HER THAT.
THIS IS GOING TO BE A MOTION TO APPROVE MADE BY MICHAEL VNO, SECONDED BY MELISSA HAWTHORNE.
UH, WITH THE CONDITIONS OF ONLY MINOR DEVIATION FROM THE FLOOR PLAN LISTED ON ITEM SIX 10 AND THE RENDERING IN SIX 11 WITH A FRIENDLY AMENDMENT MADE BY BOARD MEMBER MACARTHUR.
THAT WOULD INCLUDE THE REMOVAL OF THE EXISTING NONCOMPLIANCE STRUCTURE AND A SECOND FRIENDLY AMENDMENT FROM BOARD MEMBER HAWTHORNE LIMITING IT TO FOUR A R.
AND THANK YOU SO MUCH FOR COMING UP WITH THE DESIGN THAT WORKS AND WORKS WITH THE NEIGHBORHOOD BECAUSE THIS HAS BEEN, IT'S GONE ON FOR SEVERAL YEARS.
NEIGHBOR'S BEEN GREAT TO WORK WITH.
HE HAD TO STEP OFF THE DI OH, HE'S OFF, HE'S ABSTAINING FROM THIS ONE.
SO YOU'RE VERY GRANTED, THANK YOU FOR YOUR PATIENCE.
AND, UH, THANKS FOR WORKING WITH THAT NEIGHBOR NEXT DOOR.
HE, HE REALLY HAD THE BOW END OF THE STICK THERE FOR A WHILE.
BRYCE GOT THE SHORT END OF THE LOT, NINE VOTES AND HE'S BEEN GREAT.
[8. C15-2022-0071 Micah King for Daniel Mitchell 2311 Lafayette Avenue]
ITEM EIGHT, THIS WILL BE C 15 20 22 0 71 MICAH KING FOR DANIEL MITCHELL, 2311 LAFAYETTE AVENUE, MADAME CHAIR AND BOARD MEMBERS MICAH KING WITH HUSH BLACKWELL ON BEHALF OF THE APPLICANT.AND, UM, WE ARE HERE, UH, COMING BACK AFTER, UH, RE NOTICING THIS CASE.
UM, ALSO HAVE HEIDI GOBEL THE ARCHITECT, UH, WITH ME TONIGHT.
UH, FORMER ALUMNUS OF THE BOARD WHO HEIDI GOBLE.
AND, UH, IF I COULD GO TO THE NEXT SLIDE PLEASE.
SO, AS A REMINDER, THE PURPOSE OF THIS IS TO REPLACE THE REAR UNIT, WHICH IS A NON-COMPLIANT NON-CONFORMING USE, UH, WITH A MODERN NEW STRUCTURE THAT WOULD ACCOMMODATE THE OWNER'S NEED, UM, FOR ADEQUATE HOUSING.
UM, WE REPOSTED THIS TO CLARIFY THAT, UM, THE REAR HOUSE WOULD BE DESIGNATED AS THE PRINCIPAL STRUCTURE AND THE FRONT HOUSE, WHICH WE WOULD PRESERVE, UH, WOULD SERVE AS THE SECONDARY UNIT.
UH, AGAIN, THIS IS, UH, NEAR, UM, NEAR MAINER ROAD AND DEAN KEATON, KIND OF BY EL CHILE.
[00:55:01]
KEATON.UH, BACK UP TO MF THREE ZONING.
IT'S 948 SQUARE FEET, UH, BUILT IN, I THINK 1948, A LOT OF 48.
UM, AND WE WOULD LIKE TO PRESERVE THIS HOUSE.
UM, IT'S JUST NOT SUFFICIENT FOR THE OWNERS, UH, NEEDS WITH HIS CHILDREN AND HOME OFFICE.
THIS IS THE REAR UNIT THAT WE PROPOSED TO DEMOLISH AND REBUILD.
UM, IT'S ENCROACHING ON THE SIDE SETBACK BY ABOUT FIVE FEET AND ON THE REAR SETBACK AS WELL.
UM, AND IT'S ALSO, UM, A NON-CONFORMING USE.
IT USED TO BE TWO UNITS, UH, ONE ON THE BOTTOM FLOOR, ONE ON THE TOP FLOOR.
UM, SO THE VARIANT RE REQUESTS ARE TO, UH, HAVE THE PRINCIPAL STRUCTURE IN THE REAR.
UH, AND THEN THE SIZE INCREASE ON THE SECOND VARIANCE REQUEST, UM, IS SIMPLY SO THAT THE FRONT STRUCTURE DOESN'T BECOME A NONCONFORMING OR A NON-COMPLIANT STRUCTURE.
OUR VARIANCE IS TO KEEP IT EXACTLY THAT.
UM, SO THAT WE'RE NOT OUT OF COMPLIANCE.
UM, WE DO COMPLY WITH ALL OF THE FLOOR AREA RATIO, MINIMUM OR MAXIMUM AND PERVIOUS COVER, MAXIMUM BUILDING COVER, AND ALL OTHER SIDE OF DEVELOPMENT REGULATIONS.
CLARIFYING THE REAR HOUSE TO BE DEMOLISHED, UM, AND DESIGNATING THE FRONT HOUSE AS THE ADU, UM, AND SHOWING THE, UM, SOME OF THE SITE CONSTRAINTS, THE 50 FOOT WIDE LOT, UH, THE PROTECTED TREE.
UH, IT'S ACTUALLY A HERITAGE, UH, PECAN TREE.
UM, AND THEN THE ISSUE WITH HOW DO WE GET ACCESS TO THE REAR, UM, THAT SORT OF THING.
UH, THIS SHOWS THE LIMITED SPACE BETWEEN THE EXISTING STRUCTURES TODAY AS WELL AS THE PECAN TREE.
AND IN TERMS OF CONDITIONS, YOU CAN SEE BEHIND THE EXISTING REAR UNIT, A THREE STORY MULTIFAMILY BUILDING.
UM, SO IN RE APPROVING THIS VARIANCE, IF YOU WERE TO DO SO AND REBUILDING THE REAR STRUCTURE, IT'LL BE MOVED AWAY FROM THAT MULTIFAMILY BUILDING TO COMPLY WITH THE REAR SETBACK REQUIREMENTS AND ALSO WOULDN'T BE LOOMING OVER ANY OTHER, UM, SINGLE FAMILY PROPERTY.
UM, JUST ANOTHER PHOTO OF THAT BUILDING.
UM, REASONABLE USE, UM, HAS TO DO WITH WANTING TO HAVE ADEQUATE LIVING SPACE, UM, AND PRESERVE THE FRONT HOUSE, UH, WHICH IS A POLICY THAT COUNCIL HAS SUPPORTED.
UM, IT IS A WAY TO, UM, MAINTAIN THE CHARACTER OF THE NEIGHBORHOOD, UM, AND SOLVE, UH, SOME NONCONFORMING USE, NON COMPLYING, UH, ENCROACHMENTS FROM THE SETBACKS, UM, AND REALLY HAS NO NEGATIVE IMPACT.
UH, THE HARDSHIP IS UNIQUE AT THIS PROPERTY.
UM, IT HAS TWO SMALL, VERY OLD STRUCTURES THAT ARE BOTH NON COMPLYING.
UM, A A THREE STORY MULTI-FAMILY IS IMMEDIATELY TO THE REAR, UM, AND WE'RE CONSTRAINED BY THE FRONT 25 FOOT SETBACK, UH, SIDE AND REAR SETBACK, A 24 INCH HERITAGE PEON TREE, AND CRITICAL ROOT ZONES.
UH, THE HARDSHIP IS NOT GENERAL TO THE AREA.
UH, YOU DON'T SEE THIS EXACT CONFIGURATION THROUGHOUT THE NEIGHBORHOOD.
UM, WHEN THERE WERE, WAS THAT KIND OF CONFIGURATION, WHAT YOU'VE SEEN IS THE HOUSE BE DEMOLISHED, UH, IN A NEWER, LARGER ONE PUT IN ITS PLACE AND WE'LL BE AVAILABLE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
ALL RIGHT, THANK YOU VERY MUCH.
IS THERE ANY OPPOSITION? HEARING NONE.
LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND START WITH QUESTIONS.
CHECKING THE SCREEN FIRST THIS TIME.
VIRTUAL MEMBERS, NO LOOKING LEFT LOOKING BOARD MEMBER OF ONE NOLEN.
I APPRECIATE GIVING EVERYBODY ON A SCREEN.
THE FIRST SHOT IT FOR SEVERAL CHAIRMANS UP HERE.
THEY ALWAYS LOOK TO THE RIGHT FIRST.
AND SO I SORT OF TEND TO JUMP ON IT.
UM, ON, ON THIS PARTICULAR, ON THIS PARTICULAR HOUSE HERE, BASICALLY WE'VE GOT TWO NON-CONFORMING HOUSES ON THIS PROPERTY.
SO IN THE PROCESS OF DOING THIS, YOU ELIMINATE ONE NON-CONFORMITY HOUSE.
YOU'RE GONNA BUILD IT ACCORDING TO ZONING REQUIREMENTS
[01:00:01]
AND IN WHICH AT THE SAME TIME WILL BRING THE FRONT STRUCTURE INTO CONFORMITY BECAUSE OF THE VARIANTS INVOLVED.AND I KNOW WE'VE PASSED MANY OF THESE, UH, TYPE OF SITUATIONS RECENTLY TO PRESERVE THE HISTORICAL HOMES THAT ARE IN THE FRONT AND ALSO TO, FOR, UH, PRESERVING THE AREA CHARACTER, UH, AND PROVIDING ADDITIONAL HOUSING IN THE CITY.
THE ONLY THING I'M GONNA MAKE A MOTION TO APPROVE, BUT THE ONLY THING THAT I WOULD PROBABLY REQUEST, WELL, YOU'RE GONNA BE, YOU'RE, YOU'RE MAKING THE DISTANCE.
SO IT, IT LOOKS TO ME LIKE AS IF, UH, YOU'RE GONNA HAVE THE RESIDENTIAL LOCATION AT LEAST 10 FEET TO THE REAR SIDE OF THE PRINCIPAL STRUCTURE IS REQUIRED.
SO YEAH, SO AS LONG AS YOU CAN MAINTAIN THAT AND THEN ANYTHING, YOU'RE PROBABLY GONNA DO MODERN CONSTRUCTION WITH HARDY PLANK OR WHATEVER THE CASE MAY BE, A FIRE RESISTANT MATERIAL.
IT'S ONE OF THE ONES THAT WE'RE STARTING TO PUSH ON EVERYTHING WHEN WE FLIP THESE AROUND JUST FOR SAFETY, HEALTH AND SAFETY SITUATION.
I'LL MAKE A MOTION TO APPROVE.
I JUST MAKE A FRIENDLY AMENDMENT TO CONSTRAIN THE A R TO 0.4.
ANY OTHER FRIENDLY AMENDMENTS USAGE? ALL RIGHT.
I WAS JUST GONNA MENTION THAT IF, IF BOARD MEMBER BON OLEN WANTED TO DISCUSS THE SHORT TERM RENTAL SITUATION, IF YOU WANNA MAKE A FRIENDLY RE, RE UH, AMENDMENT, UH, COMMISSIONER PRUITT, I'M MORE THAN ACCEPTABLE TO IT.
WE NORMALLY DO, SO I'M GOOD WITH IT.
I MEAN, LONG TERM RENTALS ARE MUCH BETTER FOR THE CITY THAN SHORT TERM RENTALS, SO MOST DEFINITELY THAT'S ACCEPTED.
SO BOARD MEMBER PRUIT, THAT'S SAYING FRIENDLY AMENDMENT SAYING FRIENDLY AMENDMENT FOR NO STR.
YOU MIGHT WANT TO THINK OF WHAT YOU'RE GONNA SAY CUZ LES IS MORE IN THESE SITUATIONS.
I DON'T THINK THAT WAS REALLY A QUESTION THOUGH.
MAY I JUST SEEK A CLARIFYING QUESTION? SURE.
IS THAT TO AS TO THE FRONT STRUCTURE OR THE REAR STRUCTURE? BOTH.
THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE REGULATIONS UNREASONABLY CONSTRAINED THE ABILITY OF THE OWNER TO HAVE ADEQUATE SAFE HOUSING TO MEET THEIR NEEDS WITHOUT DEMOLISHING AND REPLACING AN EXISTING FRONT HOUSE WHICH WAS CONSTRUCTED IN 1948 HARDSHIP.
THE HARDSHIP FOR WHICH A VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT THE HARDSHIP IS UNIQUE TO THE PROPERTY CUZ IT HAS TWO VERY OLD STRUCTURES THAT ARE BOTH LEGALLY NON-COMPLIANT.
THAT THIRD STORY, MULTI-FAMILY BUILDINGS IMMEDIATELY TO THE REAR OF THE PROPERTY AND THE OPTIONS FOR WHERE TO PROVIDE SAFE AND ADEQUATE NEW HOUSING THAT WILL HELP THE OWNER REMAIN IN PLACE OR CONSTRAINED BY THE NARROW WIDTH OF THE LOT COMBINED WITH THE LOCATION OF THE HOUSES AND REQUIRED TO THE SHAPE OF THE LOT HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE MANY NEARBY FRONT HOUSES HAVE EXTENDED, EXPANDED IN SIZE OR HAVE ROOM TO EXPAND WITHOUT THE BUILDABLE SPACE BEING SQUEEZED BETWEEN 25 FOOT SETBACK AND THE 24 INCH HERITAGE TREE AREA CHARACTER.
THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY, WILL NOT IMPAIR THE PURPOSE OF THE REGULATION OF THE ZONINGS DISTRICT IN WHICH PROPERTY IS LOCATED BECAUSE THIS, THIS VARIANCE WILL NOT ALTER THE AREA'S CHARACTER.
AS A MATTER OF FACT, IT WILL KEEP THE AREA CHARACTER WITHIN WITH COMPLIANCE BY ALLOWING THE THE 1948 UH, BUILDING TO EXIST IN THE FRONT AND ALSO BRING IT WITHIN COMPLIANCE.
AGAIN, THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER GLENN OLAND.
SECONDED BY BOARD MEMBER BAILEY WITH A FRIENDLY AMENDMENT BY BOARD MEMBER MACARTHUR TO LIMIT A R TWO 0.4 AND A FRIENDLY AMENDMENT FROM BOARD MEMBER PRUIT FOR NO STR ON EITHER, UH, BUILDING.
[01:05:02]
YES.AND THANK YOU FOR WORKING SO HARD TO MAINTAIN THAT FRONT STRUCTURE.
KEEP THOSE NEIGHBORHOOD LOOKS GOING.
UH, VICE CHAIR HAWTHORNE? YES.
YOUR VERY GRANTED, THANK YOU SO MUCH FOR YOUR PATIENCE AND HAVE A GREAT NIGHT.
[9. C15-2022-0067 Jose Minguell 2614 Canterbury Street]
ITEM WILL BE A RECONSIDERATION CASE.JOSE MANUEL, 26 14 CANTERBURY STREET.
SO FIRST LET'S START, DO I HAVE A MOTION TO RECONSIDER? SO MOVED.
THIS IS A MOTION TO RECONSIDER MADE BY MICHAEL VAN OLEN, SECONDED BY TOMMY SS CALL THE VOTE.
I'M GONNA COME BACK TO THIS VICE.
I'M GOING TO SAY IT'S NOT GONNA MAKE A DIFFERENCE, SO I'LL JUST SAY YES.
JUST SO WE TRY TO GIVE IT A PER CHANCE.
UH, THAT'S FIVE VOTES THAT DID NOT MAKE ENOUGH.
UH, VOTES FOR RECONSIDERATION.
SO WE'RE GOING TO MOVE ON TO THE NEXT ITEM, WHICH WILL BE ITEM
[10. C15-2022-0060 Victoria Haase for CMCBH2 Company, LLC 1609 Matthews Lane]
10 C 15 20 22 0 0 6 0.SO THIS IS AGAIN A RECONSIDERATION.
IS THERE A MOTION TO RECONSIDER? WE ALREADY VOTED TO RECONSIDER.
SO WE ALREADY VOTED TO RECONSIDER.
THIS IS THE POSTPONEMENT OR THE RECONSIDERATION.
OKAY, SO NOW WE'RE HEARING THAT PRESENTATION.
I'M WELL YOU RUN THIS FOR ME TONIGHT, PLEASE.
IT'S, IT'S BEEN ONE HECK OF A NOVEMBER, I'LL TELL YOU THAT MUCH.
BOARD MEMBERS VICTORIA HASSI WITH THROWER DESIGN ON BEHALF OF THE LANDOWNER.
UM, SO, UM, WE CAME BEFORE Y'ALL A FEW MONTHS AGO WITH, UH, REQUESTING VARIANCES TO COMPATIBILITY, UM, SINCE THE, THE SUBJECT TRACT IS ADJACENT TO PROPERTIES THAT HAVE COMMERCIAL AND INDUSTRIAL USES.
AND WE DO APPRECIATE THE OPPORTUNITY FOR RECONSIDERATION THIS EVENING.
THE SITE CANNOT ACHIEVE REASONABLE USE DUE TO COMPATIBILITY REGULATIONS AND THE OTHER VARIOUS HARDSHIPS THAT YOU SEE.
UH, HERITAGE TREES, CRITICAL WATER, QUALITY ZONE, PUBLIC UTILITY EASEMENTS.
UM, AND SO AGAIN, WE, WE THANK YOU FOR ALLOWING US TO COME BACK AND, UH, HAVE THIS RECONSIDERED.
IF APPLIED APPROPRIATELY, THIS IS WHAT THE COMPATIBILITY BUFFERS WOULD BE.
WITH THE RED AREA BEING THE NO BUILD AREA, WHICH IS, UH, RIGHT ON THE PROPERTY LINE WITH THE SINGLE FAMILY HU SINGLE FAMILY USE THAT IS SHOWN ON THE LEFT HAND SIDE OF THE SCREEN.
UM, THE PROPOSED DEVELOPMENT ON THE RIGHT HAND SIDE OF THE SCREEN IS FAR BEYOND THE COMPATIBILITY BUFFER AREAS THAT YOU SEE IN RED, YELLOW, AND GREEN.
AND SO APPLIED APPROPRIATELY AS IT SHOULD BE.
THIS PROPOSED DEVELOPMENT IS FAR WITHIN THE, UM, REQUIREMENTS OF MEETING THE COMPATIBILITY, UH, REQUIREMENTS.
SO WITH VARIOUS SITE CONSTRAINTS, UM, THERE, THERE, IT DOES CREATE A HARDSHIP AND IMPEDES THIS PROPERTY FROM REASONABLE DEVELOPMENT WITH A LOSS OF NEARLY 60% OF DEVELOPABLE AREA AND THE COMPATIBILITY SETBACKS ACCOUNT FOR A SIGNIFICANT PORTION OF THE BUILDABLE AREA THAT IS LOST FOR THIS PROJECT.
SO THESE ARE VARIOUS, UH, MF TWO PROJECTS IN THE SOUTH AUSTIN AREA THAT HAVE A REASONABLE USE WITH AN AVERAGE
[01:10:01]
OF 17 UNITS PER ACRE.WITHOUT THE VARIANCES THAT WE'RE REQUESTING TONIGHT, WE CANNOT ACHIEVE A REASONABLE USE OF 10 UNITS AS ADOPTED BY COUNCIL OR, UM, WHAT WOULD BE CONSIDERED REASONABLE USE ACCORDING TO THESE OTHER MF TWO PROJECTS IN, IN THE SOUTH AUSTIN AREA THAT HAVE UNITS AVERAGING AT 1800 SQUARE FEET.
AS PROMISED, THE ARCHITECT, UH, REWORKED THE SITE AND WAS ABLE TO REDUCE THE AMOUNT OF ENCROACHMENT INTO THE COMPATIBILITY SETBACKS AS SHOWN HERE.
THESE ARE SOME 3D RENDERINGS THAT DEMONSTRATE THE SCALE OF THE PROPOSED DEVELOPMENT AS IT RELATES TO THE COMMERCIAL, THE ADJACENT COMMERCIAL USE AND THE NEAREST SINGLE FAMILY USE, WHICH IS SHOWN IN GREEN ON THE LEFT HAND SIDE OF THE SCREEN.
SO, DROPPING THE RENDERING INTO A STREET VIEW, YOU CAN SEE THAT THE SINGLE FAMILY USE IS THE YELLOW HIGHLIGHTED IN YELLOW ON THE, UH, LEFT HAND SIDE OF THE SCREEN.
IT CAN HAVE TODAY TWO STORIES OR TWO AND A HALF STORIES, 35 FEET IN HEIGHT BY RIGHT, UM, WHICH WOULD BE MUCH TALLER THAN THE PROPOSED DEVELOPMENT THAT WE'RE ASKING, WHICH IS CAPPED AT 31 FEET IN HEIGHT.
THE REQUESTED HEIGHT FOR 31 FEET, FEET IS MUCH LESS AND, UH, THAN WHAT IS ALLOWED ON THOSE SINGLE FAMILY, SINGLE FAMILY PROPERTIES IN THE AREA TODAY.
NEXT SLIDE FURTHER, THERE IS A DEGREE OF TOPOGRAPHIC CHANGE.
THE SINGLE FAMILY HOUSES SIT AT A HIGHER ELEVATION THAN THE PROPOSED DEVELOPMENT AT TWO AND A HALF STORIES IN 35 FEET.
THE SINGLE FAMILY DEVELOPMENT COULD BE MUCH TALLER ON THE VISUAL PLANE THAN THE PROPOSED DEVELOPMENT AT 31 FEET DOWN THE HILL.
THESE ARE THE TOPOGRAPHIC LINES ADDED IN, AND YOU CAN SEE THAT THE SINGLE FAMILY BLO TO THE EAST IS IN SOME AREAS, SIX TO ALMOST 10 FEET HIGHER IN TOPOGRAPHY THAN THE PROPOSED DEVELOPMENT.
UM, THE COMPATIBILITY VARIANCES WILL NOT IMPEDE THE PRIVACY OF THE SINGLE FAMILY HOMES IN THIS AREA, ESPECIALLY BECAUSE THIS PROPERTY IS 130 FEET AWAY, AT LEAST 130 FEET AWAY FROM THE NEAREST SINGLE FAMILY USE.
THESE ARE EIGHT CASES, SIMILAR CASES, WHERE THE BOARD APPROVED RELAXATIONS TO COMPATIBILITY STANDARDS.
WITHIN RECENT YEARS, ALL BUT ONE WERE ADJACENT TO SINGLE FAMILY ZONED LOTS, AND SIX OF THOSE HAD AN ACTUAL SINGLE FAMILY USE.
THERE ARE TWO CASES WHEREBY COMPATIBILITY STANDARDS WERE TRIGGERED BY CIVIC USES, WHICH WAS A CHURCH AND A SCHOOL.
NONE OF THESE CASES HAVE THE DEGREE OF HARDSHIP THAT 1609 MATTHEWS LANE HAD.
AND ALL THESE CASES HAD SIMILAR CONDITIONS IN THAT THE PROPERTY WAS SUBJECT FOR REDEVELOPMENT.
UNDERSTANDING THAT SUCCESSFUL PRIOR CASES DO NOT WARRANT AUTOMATIC APPROVAL.
EVERY PROPERTY AND SITUATION IS DIFFERENT.
NOT ALL PROPERTIES ARE EQUAL AND NOT ALL HARDSHIPS ARE EQUAL.
1609 MATTHEWS HAS SIGNIFICANT HARDSHIPS, ESPECIALLY WHEN COMPARED TO THE RECENT CASES ABOVE.
WE APPRECIATE THE BOARD'S WILLINGNESS TO RECONSIDER THIS CASE, AND WE, UH, RESPECTFULLY REQUEST SUPPORT OF THESE VARIANCES.
IS THERE ANY OPPOSITION? SEE, NONE UNLESS, UH, YES, THERE'S TWO PEOPLE.
DO WE HAVE THEM ON THE PHONE LINE? YES.
SO ARE Y'ALL BOTH TOGETHER? BECAUSE YOU CAN EITHER, UH, DIVVY UP THE TIME EQUALLY AT TWO AND A HALF MINUTES EACH.
YOU GET FIVE MINUTES TOTAL FOR THE OPPOSITION, OR UNLESS YOU GUYS HAVE SOME SORT OF, UH, PREVIOUS ARRANGEMENT AND ONE WOULD LIKE A LITTLE MORE TIME THAN THE OTHER.
DO Y'ALL KNOW EACH OTHER OR, OH, YEAH.
UM, DO YOU WANNA SPLIT IT DOWN THE MIDDLE? I DON'T THINK, KAREN, YOU CAN GO FIRST IF YOU WANT.
AND I'LL TAKE, TAKE WHAT YOU LEAVE ME.
PLEASE STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES.
IS KAREN SPEAKING FIRST OR IS RUTH UP TO Y'ALL? OKAY, I'LL GO AHEAD.
I'D LIKE YOU TO BRING UP SLIDE 10 87.
I LIVE IN THE AREA AND I OWN AN AFFORDABLE RENTAL DUPLEX ON MATTHEWS LANE.
[01:15:01]
IF IT IS SUSTAINABLE, AFFORDABLE, AND CONSISTENT WITH THE NEIGHBORHOOD, THIS WOULD BE A GREAT PROJECT.IF IT WAS CLOSE TO A TRANSIT CORRIDOR, IT IS NOT.
NOR DOES IT MEET THE NEED FOR AFFORDABLE HOMES.
THE CLAIM THAT BUILDING MORE DENSELY WILL MAKE THE UNITS CHEAPER IS FALSE.
THE ECONOMIES OF SCALE MAY BE TRUE FOR MAKING WIDGETS, BUT THE REAL ESTATE MARKET HAS ITS OWN RULES.
THESE HOMES WILL SELL AT THE MARKET RATE, AND THREE AFFORDABLE UNITS WILL BE DEMOLISHED IN THE PROCESS.
PROCESS AND THE BACKUP MATERIALS.
MS. HASE OFFERS A NUMBER OF CASES AS EXAMPLE, SIMILAR TO THIS.
THOSE ADDRESSES ARE ALL ALONG OR MO, ARE MOSTLY ALONG TRANSIT CORRIDORS.
MATTHEWS LANE IS NOT ALL TOF LAMAR OR KANIG LANE.
IT IS A 25 MILE AN HOUR NEIGHBORHOOD STREET WITHOUT STORM WATER DRAINAGE OR SIDEWALKS ON THE SOUTH SIDE.
12 NEIGHBORS HAVE FILED OBJECTIONS.
THE TIMELINE ON THIS PROJECT SAYS A LOT ABOUT THE UNREALISTIC BUILDING PLANS AND REAL ESTATE FRENZY OF LAST YEAR.
TCAD THE HO THE LOT WAS PURCHASED IN 2021 IN APRIL.
THEY DID RE THEY REQUESTED TO REZONE IT 10 MF THREE AND BUILD 14 HOMES.
THAT WAS DENIED AT THE JULY 21ST, 2021 COUNCIL MEETING.
MF TWO WITH THE CO FOR 10 HOMES WAS APPROVED BY AUGUST.
THE PROPERTY WAS BACK ON THE MARKET.
NO HOMES WERE BUILT WHEN THE REQUEST FOR A VARIANCE WAS CONSIDERED IN JULY, THE HOUSE, THE LOT WAS STILL ON THE MARKET.
THERE'S BEEN TWO POSTPONEMENTS AND CAREFUL CONSIDERATION BY THE BOARD AT ITS SEPTEMBER MEETING.
NOW IT'S BACK WHEN DOES NO MEAN NO.
THE CONDITIONS THAT THE OWNER IS CALLING HARDSHIPS ALL EXISTED WHEN HE BOUGHT THE PROPERTY.
THE CRITICAL WATER QUALITY ZONE, THE TREES, THE PUBLIC UTILITY AND DRAINAGE EASEMENT, THEY WERE ALL THERE.
AND THE, THE GROUP OF PLANO INVESTORS SHOULD HAVE REVEALED THEM IN THEIR DUE DILIGENCE.
THEY'RE ARE COMMON TO MANY LOTS IN THE AREA.
CMB CH TWO HAS REASONABLE USE OF THE PROPERTY WITHOUT THE VARIANCES GRANTING THE VARIANCES WOULD CAUSE HARDSHIP FOR NEIGHBORS.
FOR EXAMPLE, THE FLOODING THAT IS PICTURED IN 10 87.
UM, AND AS BOARD ME MEMBER MACARTHUR STATED, THE HARDSHIPS ARE SELF-IMPOSED.
AND PLEASE OPPOSE THE VARIANCE IF YOU MUST APPROVE PLACE RESTRICTIONS ON THE VARIANCE SO THAT CMB CH TWO CANNOT JUST FLIP THE DIRT LIKE MANY OTHER INVESTORS ARE DOING.
I APPRECIATE YOUR VOLUNTEER WORK.
UH, KAREN FERNANDEZ, I THINK IS THE OTHER REGISTERED SPEAKER.
RIGHT? ARE YOU ON THE LINE? CAN YOU HEAR ME OKAY? WE CAN HEAR YOU NOW.
AS YOU KNOW, THIS IS KAREN HERNANDEZ AND I'M THE CURRENT PRESIDENT OF THE MATTHEWS LANE NEIGHBORHOOD ASSOCIATION.
THE ASSOCIATION IS OPPOSED TO GRANTING THIS VARIANCE.
WHEN I LAST ADDRESSED THE BOARD REGARDING THE PROPERTY, I WENT THROUGH THE HISTORY OF THE CASE AND ALL THE REASONS WE WERE IN OPPOSITION.
I WOULD JUST LIKE TO REMIND YOU THAT THE NEIGHBORHOOD ORGANIZATIONS SPOKE AT LENGTH WITH THE OWNERS REPRESENTATIVE, MISS HASI, ABOUT THE LIMITATIONS OF THE LOTS, LIKE THE TREES, THE DRAINAGE, AND THE UTILITIES.
THEY'RE VERY COMMON TO THE LOTS HERE.
THEY THOUGHT THAT THEY COULD STILL PLAN THE 10 UNITS AND, AND ALL THE SETBACKS BE UPHELD.
NOW WE'RE HERE AGAIN, AS WITH THE LAST MEETING WAS POINTED OUT THAT WANTING NINE UNITS RATHER THAN 10 IS NOT A HARDSHIP.
THE PROPERTY NEXT DOOR IS A SMALL NEIGHBORHOOD SELF STORAGE MADE UP OF THREE ONE STORY METAL BUILDINGS TUCKED AWAY BEHIND THEIR HERITAGE OAK TREES.
MR. CRANE IS NOT THE ONLY NEIGHBOR TO HAVE A BUSINESS ON THE LOT BECAUSE BEFORE 1984 WHEN WE WERE ANNEX, WE WERE ALLOWED TO HAVE CERTAIN SMALL BUSINESSES ON THESE RESIDENTIAL LOTS.
IF HE WERE TO SELL TOMORROW, THAT WOULD NOT BE THE CASE.
THE PROPERTY COULD EASILY BE UTILIZED TO BUILD BEAUTIFUL HOMES, WHICH IS A MORE LUCRATIVE OPTION.
AND INDEED, THE ONLY THING THAT COULD BE DONE WITH THE LOT, IF YOU WERE TO GRANT THIS VARIANCE, IT CREATES A HARDSHIP FOR MR. CRANE, WHICH IS WHY WE ARE ASKING YOU TO DENY THE REQUEST.
THANK YOU FOR ALLOWING ME TO SPEAK TODAY, AND I THANK YOU FOR YOUR SERVICE TO THE COMMUNITY.
UH, MS. HASSI, YOU WILL HAVE TWO MINUTE REBUTTAL.
[01:20:01]
PROPERTY HAS BEEN ON THE MARKET, UM, AS THE NEIGHBORHOOD SAID, BUT THAT IS FOR THE PURPOSES OF GAINING INVESTORS TO MAKE THIS DEVELOPMENT HAPPEN.ONCE WE FINALLY GET TO THAT STAGE, UM, WE ARE NOT INCREASING THE IMPERVIOUS COVER WITH THIS VARIANCE REQUEST.
THE IMPERVIOUS COVER WILL MEET ALL THE REQUIREMENTS ACCORDING TO THE LAND DEVELOPMENT CODE FOR MF TWO.
SO THIS REDEVELOPMENT WITH OR WITHOUT VARIANCES WILL NOT INCREASE AND MAKE IMPERVIOUS COVER AND DRAINAGE WORSE.
AND IN FACT, THIS DEVELOPMENT WILL BE REQUIRED TO DEAL WITH THEIR DRAINAGE, MUCH LIKE U UNLIKE ALL OF THE OTHER DEVELOPMENT THAT HAS HAPPENED IN THIS NEIGHBORHOOD IN THE PAST SEVERAL DECADES.
SO WE DON'T BELIEVE THAT IT, IT WON'T NEGATIVELY IMPACT THE NEIGHBORHOOD IN TERMS OF DRAINAGE AND IMPERVIOUS COVER.
UM, AND I JUST WANNA SAY THAT, UM, IF YOU READ MY BACKUP, MY LETTER SENT A WHILE BACK, BUT WE DID MAKE, MAKE IT KNOWN DURING PUBLIC HEARINGS AT COMMISSION THAT THIS CASE, THIS PROPERTY WOULD BE A PARTICULARLY, UM, INTERESTING CASE TO REQUEST A BOARD OF ADJUSTMENT VARIANCE BECAUSE OF THE SITUATION WITH THE PROPERTIES ADJACENT BEING SINGLE FAMILY ZONED, BUT COMMERCIALLY DEVELOPED AND USED FOR THE PAST SEVERAL DECADES.
SO, UM, COMPATIBILITY WAS INTENDED TO PROTECT SINGLE FAMILY HOMES.
SINGLE FAMILY HOMES ARE NOT WHAT IS BUILT NEXT DOOR.
COMMERCIAL USES ARE NOT THE, UM, FOCUS OF COMPATIBILITY PROTECTIONS.
AND, UM, I ALSO HAVE RON AVAILABLE TO ANSWER QUESTIONS AS WELL.
LET'S CLOSE THE PUBLIC HEARING AND WE'LL START WITH QUESTIONS FROM, OKAY.
BOARD MEMBER PR AND A QUESTION FOR THE APPLICANT.
I, I WOULD LIKE, I I I DID NOT HEAR OR NOT ANYTHING NEW, AND SO I WAS WONDERING IF THERE WAS ANYTHING NEW OTHER THAN WHAT WE'D HEARD PREVIOUSLY THAT, THAT YOU CAN POINT ME TO THAT YOU PRESENTED TONIGHT? CAUSE I, I DON'T BELIEVE I'VE HEARD ANYTHING NEW.
YES, COMMISSIONER, THE NEW INFORMATION THAT WE PROVIDED WAS, UM, MORE COMPLETELY SPELLED OUT IN THE BACKUP LETTER, THE MEMORANDUM THAT WAS PROVIDED TO, UH, THE C TO THE BOARD.
UM, BUT MORE SPECIFICALLY THE LOOKING AT OTHER CASES AND WHAT IS CONSIDERED TO BE REASONABLE USE.
UM, AND ALSO LOOKING AT COMPATIBILITY AND WHAT THE INTENT, UH, THE ORIGINAL INTENT OF COMPATIBILITY WAS AND HOW IT IS, UH, NOT ACCURATELY APPLIED IN THIS SITUATION.
ONE THING THAT I'D LIKE TO KIND OF REMIND EVERYONE IS THIS PROPERTY WAS REZONED FOR 10 UNITS.
SO THEY'RE NOT DOING ANYTHING, ANYTHING THAT IT, COUNCIL HAD AN INTENT WHEN THEY REZONED THIS PROPERTY THAT LIMITED IT TO 10, BUT THEY WERE LOOKING TO GET HOUSING ON THIS PROPERTY.
THIS WASN'T WHAT THE DEVELOPER CAME UP.
THEY ACTUALLY ASKED FOR MORE AND THE COUNCIL REIGNED IT BACK TO 10.
AND BECAUSE THEY WANT, THAT IS WHAT THEY WERE LOOKING FOR ON THIS PROPERTY, WHICH IS, SO NOW THAT IS THE CODE ON THIS PROPERTY.
I MEAN, WE HAVE DONE SO MANY CASES WHERE HERITAGE TREES ARE TAKEN INTO CONSIDERATION IN PLACEMENT OF, OF HOW THINGS ARE LAID OUT ON A PROPERTY.
SO I, I STILL FEEL THE SAME AS I DID LAST TIME.
I THINK THIS IS A GOOD PROJECT.
I THINK AT 31 FEET THEY'RE DOING EVERYTHING THEY CAN TO ABIDE BY WHAT THE COUNCIL INTENDED FOR THIS PIECE OF PROPERTY.
AND SO I WILL BE SUPPORTING IT AGAIN.
I'M SORRY, WERE YOU FINISHED? BOARD MEMBER BAILEY.
I THINK MY CONCERN IS CLEARLY THE PROPERTY NEXT TO IT IS NOT GONNA BE REDEVELOPED AS COMMERCIAL.
IF IT'S A STORAGE SHED IN ITS OWN RESIDENTIAL, IT WILL BE REDEVELOPED RESIDENTIAL.
UM, MY CONCERN OR THE SETBACKS NOT THE HEIGHT.
MY CONCERN IS THE SETBACKS FROM THESE PROPERTIES.
UM, I DON'T THINK THE SET CUTS ARE SETBACKS ARE ADEQUATE FOR THE REDEVELOPMENT OF THE STORAGE FACILITY PROPERTY.
AND I'M, YOU COULD PROBABLY BUILD 10 UNITS, BUT YOU KNOW, MAYBE NOT OF 1800 SQUARE FOOT EACH AS THE EXAMPLES WERE, YOU MIGHT BE ABLE TO BUILD 10 UNITS THAT ARE SMALLER AND MIGHT BE MORE AFFORDABLE.
SO THE SETBACKS, THE HEIGHT IS NOT MY CONCERN, BUT THE SETBACKS
[01:25:01]
ARE CONCERNING ME.BOARD MEMBER BILLY, I JUST TWO THINGS ON THAT.
WE CAN'T PLAN THIS PROPERTY BASED ON WHAT WE THINK MIGHT HAPPEN ON A FUTURE PROPERTY, CUZ WE DON'T KNOW THEY COULD COME BACK AND REZONE IT MULTI-FAMILY AND BE FINE.
THAT WE REALLY CAN'T MAKE OUR DECISION ON WHAT MIGHT HAPPEN ON A PROPERTY NEXT DOOR.
CUZ WHO KNOWS, WHO KNOWS WHAT THE MARKET'S GONNA DO, WHO KNOWS WHAT THE OWNER'S GONNA DO.
AND THE OTHER THING IS, IF WE'RE LOOKING FOR FAMILY SIZED HOUSING FOR PEOPLE, YOU KNOW, TO STAY IN TOWNHOUSES AND SINGLE FAMILY, THEY HAVE TO, WE HAVE TO GET SOME BIGGER, I DON'T, I'M GET SO TIRED OF AFFORDABLE HOUSING BEING STUDIOS IN ONE OR TWO BEDROOMS. SO I ACTUALLY AM GLAD THAT THEY'RE 1800 SQUARE FEET CUZ THEN IT ALLOWS THREE BEDROOM UNITS THAT A FAMILIES COULD COME INTO AND MAYBE A FOUR BECAUSE IT IS A TOWNHOUSE STYLE LAYOUT.
AND THEN THERE ARE SOME THAT ARE SINGLE BUILDINGS.
AND THAT'S JUST, THAT'S JUST ME.
I JUST, JUST, BUT I WILL SAY IN THE PAST, WE HAVE NEVER SPECULATED ON WHAT A NEIGHBORING PROPERTY OWNER MIGHT, MAY OR MAY NOT DO WITH HIS PROPERTY IN THE FUTURE BECAUSE WE JUST DON'T KNOW.
AND IT COULD BE MULTIFAMILY, IT COULD BE AN APARTMENT BUILDING NEXT DOOR.
ANY OTHER QUESTIONS I'D LIKE TO THROW OUT THAT, AT LEAST FROM MY PERSPECTIVE, EVERY UNIT THIS SIZE WE CAN BUILD ON THE WEST SIDE IS ONE LESS FAMILY THAT'S GENTRIFIED OUT OF THEIR SINGLE FAMILY HOME ON THE EAST SIDE.
SO I 100% SUPPORT THIS EVEN IF IT IS MARKET.
BROOKE, IF YOU WANNA MAKE A MOTION, I'LL SECOND IT.
I I SUPPORTED IT BEFORE, I'LL SUPPORT IT NOW.
BECAUSE THIS IS WHAT I HEAR CONSTANTLY.
IS NIMBY, EVERYBODY WANTS HOUSING.
EVERYBODY WANTS AFFORDABLE HOUSING.
EVERYBODY WANTS TO BUILD A, A, YOU KNOW, ADDITIONAL UNITS, BUT NOT IN MY BACKYARD, NOT NEXT TO ME.
AND THEY'RE GONNA, THEY'RE GONNA NEED TO MEET ALL THE DRAINAGE ISSUES.
THEY'RE GONNA NEED TO DESIGN IT IN ORDER TO MEET ALL THOSE CRITERIA.
AND I STILL FEEL AS I FELT IN THE FIRST, THE FIRST TIME, THE RAILROAD TRACKS AND THE TREES AND EVERYTHING ARE LEGITIMATE HARDSHIPS.
SO, UM, YOU KNOW, AND, AND I WILL STATE THIS, I'VE STATED IT BEFORE, I'LL STATE IT AGAIN.
I TOOK FLACK FOR IT BEFORE AND I DON'T CARE IF I TAKE FLACK AGAIN.
I'M NOT HERE TO ENFORCE HOMEOWNER ASSOCIATION RULES.
I'M NOT HERE TO ENFORCE DEED RESTRICTIONS.
THAT'S NOT WHAT I'VE BEEN, UH, APPOINTED FOR.
AND SO, AND IT'S ALSO QUITE FRANKLY, ILLEGAL FOR ME TO DO SO FROM THE DIAS.
SO WE CAN'T, WE CAN'T BASE I I TRY TO RESPECT THOSE THINGS, REALLY TRY TO GIVE 'EM A LOT OF CREDENCE AND TRY TO RESPECT HOMEOWNER'S FEELINGS.
LORD KNOWS I'VE, YOU KNOW, HAVEN'T BEEN LIVING IN THE EAST SIDE FOR MY TIME AND LIVING WHERE I'M LIVING NOW.
I I I I EMPATHIZE, BUT THAT'S NOT MY JOB.
AND IF, IF WE ARE GONNA GET SERIOUS ABOUT HOUSING IN THE CITY OF AUSTIN AND A MANNER WITHOUT JUST BLOWING SMOKE UP EVERYBODY'S ASS, WE'RE GONNA HAVE TO MAKE SOME HARD DECISIONS.
AND SO, EXCUSE ME, THAT WAS A, THAT WAS A CONSTRUCTION SLIP, BUT THAT WAS A, WE ARE GOING TO VIOLATION, MAKE SOME HARD DECISIONS THAT SOME PEOPLE ARE QUITE FRANKLY ARE GOING TO BE UPSET ABOUT.
AND, UH, WE'VE BEEN UP HERE LONG ENOUGH TO TO KNOW THAT'S, THAT COMES WITH THE TERRITORY.
SO I WILL MAKE A SECOND TO SUPPORT THE MOTION.
BUT SAM, YOU DIDN'T MAKE A MOTION YESTERDAY AND YOU CAN CHANGE THAT, UH, THREE LETTER WORD OFF OF THE RECORD.
YEAH, I'M, I MOVED TO APPROVE THE RECONSIDERATION.
IS THAT ALL I NEED TO DO OR DO I NEED TO READ OUT THE WHOLE THING FOR THE RECONSIDERATION? WE NEED, IT'S JUST THE MOTION TO APPROVE THE RECONCILIATION OR THE MOTION TO APPROVE THE ORIGINAL VARIANCE.
YEAH, IT'S THE MOTION TO APPROVE THE ORIGINAL VARIANCE.
YOU ALREADY GET THE ORIGINAL, SO YEAH, IT'S MOTION TO APPROVE THE ORIGINAL VARIANCE.
I MOVE TO APPROVE THE ORIGINAL VARIANCE.
SO ARE YOU USING THE SAME FINDINGS AS PREVIOUSLY? YES.
I, I MOVED TO APPROVE THE ORIGINAL VARIANCE USING THE SAME FINDINGS AS PREVIOUSLY.
WHAT DO YOU HAVE NEW FINDINGS? SORRY, BUT WELL, IT'S THE FINDINGS THAT WE HAD BEFORE.
BUT, BUT IT DIDN'T, THE PLAN CHANGE.
[01:30:01]
EVERYTHING A LITTLE BIT FURTHER OUT OF THE SETBACK, RIGHT? YES, THEY DID.YEAH, WE TIED IT TO A SITE BANK AND 14, SO THEY MOVED SOME OF THEM TO 14.
RON, COULD YOU PLEASE COME UP? AND SO I WOULD GO, I WOULD LIKE TO SUBMIT INTO THE RECORD A FRIENDLY AMENDMENT IF I MAY, ITEM ON THE, UH, THE SETBACKS THAT ON PAGE 10 OF 17.
AND, UH, I'M ASKING, I'M ALSO ASKING YOU GUYS, THAT'S PRETTY MUCH WHAT YOU'VE GOT GOING RIGHT NOW, I NOTICED.
SO, UH, BARBARA, WE COULDN'T GET ALL OF THE SETBACKS THAT ADDRESSED THAT.
I KNOW YOU HAVE A CONCERN ABOUT, BUT AT LEAST SOME OF THEM WERE MOVED OUT 14 FEET.
I'M SORRY, RIGHT FROM THE ORIGINAL ASK YES, FROM THE ORIGINAL ASK 14 FEET, CORRECT.
UM, BUT BARBARA HAD HER HAND UP AND SO DOES DARRELL.
UH, AND IF YOU COULD ONE SEC, UH, BOARD MEMBER MACARTHUR AND PRU, IF I COULD JUST ASK, I, I KNOW THERE WAS SOME CONCERN ABOUT FLOODING FROM THE NEIGHBORHOOD.
UH, DO, DO YOU HAVE PLANS FOR ANY TYPE OF, UH, STORM WATER INFRASTRUCTURE, GREEN STORM WATER INFRASTRUCTURE, RAINWATER CAPTURE, FLOODWATER MITIGATION, UH, CHAIR RON THROWER REPRESENTING THE LANDOWNER? WE HAVE PLANS FOR ALL OF THAT.
THAT'S GONNA COMPLY TO THE CURRENT CODE, WHICH WE'RE GONNA HAVE PONDS.
IF GSI IS A REQUIREMENT, WE'RE GONNA HAVE GSI.
UH, THERE'S NOT GONNA BE ANY, UH, THERE'S NOT GONNA BE ADDITIONAL FLOODING THAT'S GONNA BE OCCURRING.
WE WILL, UH, BE RETAINING THE FLOWS THAT LEAVE THE SITE PER CITY CODE.
SO FLOODING IS A NON-ISSUE IN MY MIND.
I JUST WANTED TO MAKE SURE WE ADDRESSED THAT.
UH, MY COMMENT WAS, UM, I HAVE TO ADDRESS THE NIMBY COMMENT BECAUSE THIS WAS A SINGLE FAMILY ZONED LOT IN THE MIDDLE OF A NEIGHBORHOOD THAT'S BEEN UP ZONED TO HAVE 10 STRUCTURES.
SO I WOULD HARDLY CALL THE PEOPLE SPEAKING AGAINST THE VARIANCE NIMS BECAUSE THEY'VE ACCEPTED A WHOLE LOT MORE DENSITY IN THEIR AREA.
AND I THINK THAT THEIR CONCERNS MAY, MAY BE CONSIDERED AS VALID.
UH, COMMISSIONER MCCARTHY, THAT WASN'T ADDRESSED AT THESE PARTICULAR PEOPLE.
I WAS USING THAT AS A GENERAL COMMENT ACROSS THE CITY.
IT, IT HAPPENS ALL OVER ACROSS THE CI CITY.
IT WAS NOT DIRECTED AT THESE, THIS PARTICULAR NEIGHBORHOOD.
WE SEE IT IN NEIGHBORHOODS ALL OVER.
SO IT WASN'T DIRECTED AT THESE PEOPLE IN SPECIFICALLY BOARD MEMBER PUT THE, THE ISSUE I SEE IS THAT WE REALLY HAVEN'T RECEIVED ANYTHING NEW.
WHAT WE'VE RECEIVED IS, OH, PLEASE, PLEASE, PLEASE GIVE IT TO ME.
UH, I DON'T THINK THAT THIS BOARD CAN, CAN LEGITIMATELY MAKE A FINDING THAT WITHOUT HAVING 10, 1800 SQUARE FEET STRUCTURES ON THIS PROPERTY, THAT, THAT THEY CANNOT HAVE A REASONABLE USE.
THAT IS THE REQUIREMENT THAT WE HAVE TO FIND IN ORDER TO GRANT A VARIANCE.
UH, THEY CAN GET RID OF ONE UNIT, THEY CAN REDUCE THE SQUARE FOOTAGE OF THE 10 UNITS.
I DON'T BELIEVE THAT THEY HAVE MET THE STANDARD.
I I I I FIND VERY INTERESTING THE LETTER THAT THEY'VE SUBMITTED WHERE THEY BASICALLY SAY, WELL, ALL OF THIS HARMONY AND COMPATIBILITY, IT'S JUST IRRELEVANT.
IT'S IRRELEVANT BECAUSE WHILE IT'S TIED TO ZONING AND THE, THE LOT NEXT TO US IS SINGLE FAMILY ZONING, THAT BECAUSE THE USE IS SOMETHING ELSE, THAT EVERYTHING ELSE IS JUST IRRELEVANT.
AND THAT THE CITY ALWAYS INTENDED FOR US TO BE ABLE TO, TO PUT 10, 1800 SQUARE FOOT STRUCTURES ON THIS, ON THIS PROPERTY.
IT IS, UH, IT, IT, IT, IT, UH, BASICALLY IGNORES THE FACT THAT THE COMPATIBILITY STANDARDS ARE BASED ON THE ZONING AND NOT THE USE.
THE CITY COULD VERY WELL CHANGE THE RULES AND SAY THAT COMPATIBILITY IS BASED ON SOME USE THAT IS ADJACENT TO YOUR PROPERTY.
THEY SAID IT IS BASED ON THE ZONING.
YOU HAVE ALL OF THE LETTERS, UH, OPPOSING THIS IN THE BACKUP MATERIALS.
UH, I DON'T THINK THAT THEY MET THEIR, UH, BURDEN TO SHOW THAT WITHOUT GETTING 10, 1800 SQUARE FOOT STRUCTURES ON THIS PROPERTY, THEY CAN'T HAVE A REASONABLE USE.
AND SO I DON'T SEE ANY REASON TO CHANGE MY VOTE FROM BEFORE, UH, ON THIS MATTER.
IF I COULD REAL QUICK, I WOULD JUST LIKE TO POINT OUT, I THINK THE CITY DID TRY TO
[01:35:01]
CHANGE IT, AND THAT WAS CALLED CODE NEXT AND IT DIDN'T WORK.BUT I THINK THAT WAS THE ORIGINAL INTENT FOR COMPATIBILITY TO CHANGE IT.
UM, AND MADE CHAIR, IF I MADE THE NEW INFORMATION WAS ON ITEM OF, UH, 10 17 WHERE THEY INCREASED THAT SETBACK FROM SEVEN FEET TO 10 FEET AND THEY INCREASED, UH, THE OTHER SETBACK FROM 13 FEET TO 14 FEET.
SO THAT WAS NEW INFORMATION WE DID NOT HAVE RIGHT IN OUR OTHER PACKAGE.
MR. THOR, DOES THAT COVER ALL THE NEW INFORMATION? NO, IT DOES NOT.
COULD, COULD YOU PLEASE JUST REITERATE, UH, EVERYTHING'S DIFFERENT THAT'S DIFFERENT BETWEEN THIS CASE AND THE LAST CASE? SURE.
THE NEW INFORMATION, TWO DIFFERENT, UH, TWO SEPARATE ITEMS HERE.
ONE OF 'EM IS THE, THE CODE CITATION OF WHAT IS THE REQUIREMENT FOR REASONABLE USE.
AND IT IS SOLELY BASED OFF OF OTHER SIMILARLY SITUATED PROPERTIES WITH SIMILAR ZONING IN THE AREA AND WHAT IS THEIR DENSITY.
THAT'S WHY WE SHOWED MANY EXAMPLES OF OTHER PROJECTS THAT HAD MULTIFAMILY OWNING THAT WERE ALLOWED GREATER DENSITY AND LARGER UNITS.
AND SO IF THEY'RE ALLOWED, IF THAT'S REASONABLE USE ON THOSE PROPERTIES, THEN REASONABLE USE ON OUR PROPERTY IS JUST AS COUNCIL HAS STATED, WHICH IS 10 UNITS.
I WOULD ALSO LIKE TO POINT OUT THAT THE COMPATIBILITY SECTIONS THAT ARE ADDED INTO OUR LETTER, UM, THESE ARE THE COMPATIBILITY CODE AT THE TIME WHEN THAT PROPERTY WAS ANNEXED.
AND I THINK THAT'S VERY RELEVANT TO THE SITUATION BECAUSE IF YOU LOOK AT THE COMPATIBILITY SECTION, IT IS ALL ABOUT WHAT IS THE USE OF THE PROPERTY NEXT DOOR AND OR WHAT IS THE ZONING ON THE PROPERTY NEXT DOOR.
BUT IF YOU LOOK UNDER THE DEF DEFINITION OF COMPATIBILITY FOR THE PURPOSE STATEMENT, THE COMPATIBILITY STANDARDS ARE INTENDED TO PRESERVE AND PROTECT SINGLE FAMILY RESIDENTIAL NEIGHBORHOODS.
THIS COMMERCIAL PROPERTY NEXT DOOR WAS NEVER PART OF THIS SINGLE FAMILY NEIGHBORHOOD.
IT IS NOT PART OF THEIR SUBDIVISION.
IT IS A PIECE OF PROPERTY THAT WAS DEVELOPED COMMERCIALLY WEEKS PRIOR TO ANNEXATION, AND IT WAS GRANDFATHERED UP UNTIL THIS DATE.
IT IS, HAS A GRANDFATHERING SITUATION WHERE THEIR COMMERCIAL BUILDING IS FIVE TO SEVEN FEET AWAY FROM A SINGLE FAMILY'S OWN PROPERTY.
SO THERE'S THE HARM HARMONY THAT THE NEIGHBORHOOD IS SAYING IS OKAY THAT THAT COMMERCIAL BUILDING NEXT DOOR TO THEIR HOMES CAN BE FIVE TO SEVEN FEET AWAY.
BUT WE CAN'T HAVE A BUILDING THAT IS 10 TO 14 FEET AWAY FROM A COMMERCIAL BUILDING.
AND I HAVE TO POINT OUT, I HAVE TO GO ON RECORD THOUGH, I DON'T REALLY WANT TO DO THIS, BUT WE JUST SAW A CASE THAT WAS GRANTED UNANIMOUS APPROVAL BECAUSE THEY WERE NOT ABLE TO ACHIEVE THE MAXIMUM DEVELOPMENT POTENTIAL OF THEIR PROPERTY.
I DID NOT UNDERSTAND THE HARDSHIP ON THAT PARTICULAR CASE, BUT OUR PARTICULAR CASE HAS A LOT OF HARDSHIPS.
ANY OTHER QUESTIONS? I KNOW THIS IS PROBABLY KIND OF TOUGH FOR EVERYONE BECAUSE THIS KIND OF FEELS LIKE WE'RE MAKING A DECISION ON COMPATIBILITY AND, AND HOW IT'S DEFINED.
BUT I MEAN, AT LEAST FOR ME, THIS IS A SOMEWHAT EASY VOTE.
OH, FOR ME, IT'S NOT JUST COMPATIBILITY IS THE HARDSHIPS ON THE LOT THAT WE, AND THERE ARE HARDSHIPS THAT WE LOOK AT EVERY SINGLE MONTH.
DRAINAGE, EASEMENTS, HERITAGE TREES, AND HOW THINGS ARE POSITIONED ON A LOT.
AND ONCE AGAIN, COUNCIL DID CONSTRAIN THEM TWO 10 UNITS BY DOWN ZONING IT FROM WHAT THEY ORIGINALLY WANTED.
WAS IT TORTURE? IT WAS 17 WAS 17, I BELIEVE WAS THE ORIGINAL ASK.
ANY OTHER QUESTIONS, COMMENTS? OKAY.
SO THIS IS A MOTION TO APPROVE MADE BY A BOARD MEMBER BAILEY, SECONDED BY A BOARD MEMBER JUAN OLIN, WITH A FRIENDLY AMENDMENT.
TYING IT TO THE DIAGRAM ON 10 17.
WHO MADE THAT FRIENDLY AMENDMENT? I'M SORRY, I SHOULD HAVE WRITTEN IT DOWN.
UH, WELL THAT'S, THAT'S WHAT SHOWS THE, UH, THE, UH, CHANGES IN THE SETBACKS.
BUT SOMEONE SPECIFICALLY MADE A FRIENDLY AMENDMENT.
BUT I WILL BE WILLING TO ACCEPT A FRIENDLY AMENDMENT.
I WILL ACCEPT A FRIENDLY AMENDMENT.
TYING IT TO THE DIAGRAM, TYING APPROVAL TO THE DIAGRAM ON, UM, PAGE 10 17, SHOWING THE INCREASED SETBACKS FROM SEVEN TO 10 FEET AND 13 TO 14 FEET.
LET'S GO AHEAD AND HEAR THE FINDINGS, PLEASE.
USING THE FINDINGS FROM THE LAST MM-HMM.
[01:40:01]
THINK IN THE PAST WE'VE JUST DONE PREVIOUS FINDINGS BECAUSE THEY'RE IN THE RECORD.THANK YOU VERY MUCH AND HAVE A GREAT EVENING.
I'M SORRY, WHAT DID YOU SAY? THE FINDINGS.
THE FINDINGS FROM THE OCTOBER MEETING.
NO, THE FINDINGS FROM THE SEPTEMBER MEETING.
FINDINGS FROM THE SEPTEMBER MEETING BECAUSE OCTOBER'S WHEN WE VOTED ON THE RECONSIDERATION AND THEY POSTPONED UNTIL THE NOVEMBER WOULD BE THE FINDINGS.
SO IT WOULD BE THE FINDINGS FROM THE SEPTEMBER MEETING.
SEPTEMBER, UM, WHAT WAS THAT? IT'S LIKE AGES AGO.
AND THE, THE ORIGINAL FINDINGS ARE FROM THE SEPTEMBER 12TH MEETING OF THE BOARD OF ADJUSTMENT.
[11. Discussion of the October 10, 2022 BOA activity report]
11.GO FOR, THIS WILL BE DISCUSSION OF THE OCTOBER 10TH, 2022 VLA ACTIVITY REPORT.
EVERYBODY PUT YOUR HANDS TOGETHER FOR ELAINE AND DIANA COMES IN SUPER HANDY.
THEY ACTUALLY DO KNOW I WILL CUZ I SEND THEM COOKIES.
[12. Discussion and possible action regarding an update on the resolution sent to council for the BOA Applicant Assistance Program (BAAP). ]
ITEM 12 DISCUSSION AND POSSIBLE ACTION REGARDING AN UPDATE ON THE RESOLUTION SENT TO COUNCIL FOR THE BOA APPLICANT ASSISTANCE PROGRAM.I REGARD TO INFORM EVERYBODY THAT I HAVE NO UPDATE AT THIS TIME.
I HAVE BEEN PESTERING COUNSEL TO GET THIS BACK ONTO THE AGENDA, BUT THERE ARE CURRENTLY SOME MORE PRESSING ITEMS THAT THEY'RE TRYING TO GET PAST BEFORE THE LAST COUNCIL MEETING ON DECEMBER 13TH.
WE'LL SEE IF WE CAN GET THIS IN BEFORE THE NEW COUNCIL, UH, YOU KNOW, GET SWORN IN OR NOT.
UH, BUT I DON'T WANT TO MAKE ANY PROMISES.
THANK YOU FOR YOUR PERSISTENCE.
[13. 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)]
ITEM 13, UH, DISCUSSION AND POSSIBLE ACTION BY THE BOARD.BASED ON THE WORKING GROUP UPDATE ON PROPOSED CHANGES TO BOA APPEALS, UH, BOARD MEMBER MCARTHUR PRUIT OR BLOOM.
HAVE Y'ALL HAD A CHANCE TO MEET? NO.
UM, DO Y'ALL WANNA KEEP LOOKING AT THIS OR, OR SHOULD WE? COOKIES RESIN THE WORKING GROUP.
I THINK YOU SHOULD SEND THEM COOKIES.
I, YOU KNOW WHAT, SEND ME YOUR ADDRESSES.
I WILL SEND YOU COOKIES OR IF YOU GUYS WANNA MEET UP SOMEWHERE, I WILL, UH, NOT PAY FOR YOUR LUNCHES, BUT IF THE LUNCHES HAPPEN TO JUST MAGICALLY GET PAID FOR, YOU KNOW, JUST SAYING BOARD MEMBER BLOOM.
UM, I DON'T KNOW IF WORKING GROUPS NEED LIKE A, AN EQUIVALENT OF A CHAIRPERSON OR A LEADER, BUT IT MIGHT BE HELPFUL TO PICK ONE.
UH, SO UNDER OUR BYLAWS FOR A WORKING GROUP, THE WORKING GROUP OF MEMBERS CAN CHOOSE TO AND ELECT A CHAIRPERSON FOR THE WORKING GROUP, BUT THEY DON'T HAVE TO.
UH, VICE CHAIR, HOP, ROCK, PAPER, SCISSORS DID OR SOMETHING, UH, SO THAT SOMEONE TAKES THE LEAD, UH, BY ALL MEANS FEEL FREE.
IS THERE, UH, ONE PERSON OR ANOTHER? UH, BOARD MEMBER MACARTHUR? I HAVE SENT OUT SEVERAL EMAILS AND NOTICES, BUT I'VE NOT GOTTEN RESPONSE
MADAM CHAIR, WHAT I JUST PRESENTED KELLY WITH, I WAS LOOKING AT IT MYSELF FOR MY OWN REFRESHMENT, BUT I, I PRINTED IT UP AND I JUST GAVE IT TO KELLY.
UH, IF, IF WE ALL CHECK OUR MAIL, OUR CITY MAIL THERE WAS FROM STEPHANIE HALL, THERE WAS A, YEAH, CLARIFICATION THE EMAIL GROUPS AND COMMITTEES.
AND THAT MIGHT HELP GIVE THE, THE WORKING GROUP SOME, A LITTLE BIT OF DIRECTION OR UNDERSTANDING AND WHICH WAY TO GO.
SO WHAT HE'S REFERENCING SPECIFICALLY IS AN EMAIL THAT WAS SENT OUT BY STEPHANIE HALL,
[01:45:01]
UH, CITY CLERK'S OFFICE TASKED WITH BOARDS AND COMMISSIONS TODAY REGARDING, UH, WORKING GROUPS INSIDE OF, UH, BOARDS OR COMMISSIONS.UH, MAYBE THERE MIGHT BE SOME, UH, LANGUAGE THERE THAT COULD HELP Y'ALL, UH, FIGURE OUT HOW YOU WANT TO RUN THINGS.
ITEM 14, FUTURE AGENDA ITEMS. ANYTHING FOR THE FUTURE TO PUT ON THE AGENDA SCENE? NONE.
IT IS 7:44 PM OH, ACTUALLY, HANG ON ONE SECOND PLEASE, GUYS.
UH, LEGAL'S ASKED TO TALK WITH ME REAL QUICK.
I NEED TO CALL A FIVE MINUTE RECESS.
CAN YOU HANG ON ONE MOMENT PLEASE? WE'RE GONNA RECESS FOR FIVE MINUTES TILL 7 49.
I, I DID WANNA, WHILE SHE'S DOING THAT, TELL EVERYBODY PLEASE BE REALLY CAREFUL.
WE JUST GOT SOME REALLY NASTY GERMS OVER AT OUR HOUSE THAT, UM, APOLOGIES.
IT IS SEVEN FORTY SEVEN AND I'M GONNA CALL THE MEETING BACK TO ORDER.
THERE'S, WE CAN'T DO ANYTHING ABOUT IT ANYWAYS, SO IT IS 7:47 PM AND THE MEETING IS ADJOURNED.
MEANT TO TELL YOU THAT EARLIER.
UM, HAPPY THANKSGIVING EVERYONE.