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[00:00:01]

IT IS 5:37 PM

[CALL TO ORDER]

ON DECEMBER THIR 12TH, DECEMBER 12TH, 2022.

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

WE'RE A LITTLE LIGHT ON MEMBERS, SO I'M GOING TO CALL THE INITIAL RULES SO WE CAN GET STARTED AND DO A COUPLE OF QUICK HOUSEKEEPING ITEMS AND THEN WE'LL PROBABLY NEED TO RECALL THE ROLE ONCE WE HAVE MORE MEMBERS JOIN.

SO, VERNELL, LET'S CALL THE ROLL.

TOMMY YATES.

BROOKE BAILEY HERE.

JESSICA COHEN.

I AM HERE.

MELISSA HAWTHORNE.

BARBARA MACARTHUR.

DARYL PRUIT.

AUGUSTINA RODRIGUEZ.

HERE.

YOU'RE RICHARD SMITH.

HERE.

MICHAEL VON OLAN.

HERE.

NICOLE WADE.

CARRIE WALLER.

HERE.

KELLY BLOOM.

AND MARCEL GARZA HERE.

SO THAT'S 1, 2, 3, 4.

THAT'S SEVEN SEVEN'S.

ENOUGH TO GET STARTED.

OKAY.

UH, JUST A COUPLE OF QUICK REMINDERS FOR THE FOLKS IN THE AUDIENCE TONIGHT.

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

AFTER YOUR CASE IS OVER, PLEASE TAKE YOUR DISCUSSION OUTSIDE THE LOBBY.

IF YOU HAVE ANY QUESTIONS FOR THE STAFF, PLEASE EITHER EMAIL OR CALL ELAINE TOMORROW.

UH, TRY NOT TO BUG HER PLEASE AFTER YOUR CASE, CUZ SHE'S TRYING TO KEEP TRACK OF THE NEXT ONE.

UM, WHEN YOU'RE ADDRESSING THE BOARD, IF YOU'RE SPEAKING TO THE BOARD TONIGHT, PLEASE SPEAK DIRECTLY TO THE BOARD.

DO NOT ADDRESS OPPOSITION OR OTHER PARTIES, UH, PARKING TICKETS.

IF YOU GOT YOUR PARKING TICKET FROM THE PARKING GARAGE, THERE'S A LITTLE CLAMSHELL OVER THERE AND A SIGN SHEET.

PLEASE TAKE YOUR PARKING TICKET OVER TO THE CLAMSHELL, GIVE IT A STAMP AND WRITE THE NUMBER ON THE PIECE OF PAPER AND YOUR PARKING WILL BE VALIDATED.

OKAY.

FOR EVERYONE WHO IS GOING TO BE GIVING TESTIMONY TONIGHT, I'M GONNA ASK YOU TO PLEASE STAND AND I'M GONNA ASK YOU TO GIVE YOUR OATH OF AFFIRMATION.

SO IF YOU'LL BE SPEAKING FOR THE BOARD, PLEASE STAND UP.

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

ALL RIGHT.

THANK YOU VERY MUCH.

OKAY, GOOD.

SORRY, ONE SEC Y'ALL.

WE'RE GONNA GO OVER A COUPLE QUICK THINGS.

IT'S THE APPROVAL OF MINUTES.

WE'LL START

[APPROVAL OF MINUTES]

THERE CUZ WE CAN GET THAT DONE WITH SIX.

THIS IS ITEM ONE, APPROVAL OF MINUTES.

UH, IT'S APPROVING THE MINUTES OF THE BOARD OF ADJUSTMENT FROM NOVEMBER 14TH, 2022.

DO I HAVE A MOTION? I MOVE TO APPROVE AND TOMMY IS UP.

SO IF WE, WE NEED TO RECALL THE ROLL SO THAT HE CAN VOTE ON THE MINUTES.

PERFECT.

THAT'S ONE MORE STEP IN THE RIGHT DIRECTION.

THANKS FOR CATCHING THAT.

OKAY.

SO I'M JUST GONNA QUICKLY RECALL THE ROLL.

TOMMY EIGHTS HERE.

PERFECT.

BROOKE BAILEY? HERE.

JESSICA COHEN.

HERE.

AUGUSTINA RODRIGUEZ.

HERE.

RICHARD SMITH.

HERE.

MICHAEL VLAN? YES.

HERE.

CARRIE WALLER.

HERE.

MARCEL GARZA.

HERE.

2, 3, 4, 5.

THIS TO EIGHT.

OKAY.

FOR THE MINUTES WE HAVE A MOTION TO APPROVE MADE BY BOARD MEMBER BAILEY.

SECONDED BY A BOARD MEMBER VAN OLAN.

TOMMY EIGHTS

[00:05:03]

AYE.

BROOKE BAILEY? YES.

JESSICA COHEN.

YES.

AUGUSTINA RODRIGUEZ? UH, I'M ABSTAINING.

RICHARD SMITH.

I'M ABSTAINING ALSO.

MICHAEL? YES.

CARRIE WALLER.

YES.

MARCEL GARZA.

YES.

THAT'S SIX.

SIX FOR THE MINUTES, RIGHT? MM-HMM.

CLOSE.

VERY CLOSE.

MOVING ON.

OKAY.

I'M GOING TO TAKE A LITTLE LIBERTY WITH THE AGENDA SIMPLY BECAUSE WE'RE SHORT SOME BOARD MEMBERS RIGHT NOW.

I'M GOING TO MOVE THE RECONSIDERATION KEYS TO THE FRONT.

CAN WE DO THE WITHDRAWALS AND POSTPONEMENTS FIRST? OH, WE CAN DO WITHDRAWALS WITH YOU.

WELL, IT'S JUST ANNOUNCING SINCE WE DON'T HAVE TO VOTE ON THAT ONE.

UH, ITEM TWO, DISCUSSION OF

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

STAFF AND APPLICANT REQUEST FOR POSTPONEMENT AND WITHDRAWALS.

WE HAVE ONE WITHDRAWAL, WHICH

[3. C16-2022-0004 Apple Tree Holdings LLC, Tony Nguyen 4507 N IH 35 SVRD NB]

IS KEITH NUMBER MADAM CHAIR.

IT'S ITEM THREE.

ITEM THREE C 16 DASH 2022 DASH 0 0 4.

45 0 7 NORTH I 35.

SERVICE ROUTE ROAD NORTHBOUND.

OKAY.

ANY DISCUSSION? ALL RIGHT, MOVING ON BACK TO THE RECONSIDERATION.

THIS IS GOING TO BE FOR ITEM EIGHT

[8. C15-2022-0061 Nikelle Meade for Cortlandt Chalfant 1401 E. 3rd Street]

C 15 20 22 0 0 6 1.

AND WE'LL BE STARTING BY VOTING ON WHETHER OR NOT WE'RE GOING TO RECONSIDER THE KEYS.

SO IF THERE'S GOING TO BE A MOTION, IT HAS TO BE A MOTION TO RECONSIDER THE KEYS AND WE CAN VOTE ON THAT WITH SIX.

SO DO I HAVE A MOTION? SO MOVED.

SO SECONDED.

SO I HAVE A MOTION TO RECONSIDER THE KEYS MADE BY BOARD MEMBER VAN OWEN.

SECONDED BY BOARD MEMBER BAILEY.

LET'S CALL THE VOTE VOTES.

THAT'S WHAT WE ALREADY TOLD HER.

YOU WEREN'T GONNA PARTICIPATE.

THAT'S FINE.

TOMMY AINS.

OKAY.

THAT'S FINE.

THAT'S PERFECTLY FINE.

SHE'S FINE? YES.

OKAY.

OKAY.

GOOD LUCK WITH THE BABIES.

BROOKE BAILEY? YES.

JESSICA COHEN? YES.

OKAY.

AUGUSTINA RODRIGUEZ.

THANKS.

YES.

RICHARD SMITH? YES.

MICHAEL VLAN? YES.

CARRIE WALLER.

YES.

AND MARCEL GARZA.

OH, HE'S ABSTAINING ON THIS ONE.

SO WE'LL JUST CUT THAT OFF.

SO THAT'S 1, 2, 3, THAT'S SEVEN.

BUT WE'RE STILL NOT GONNA HAVE TO VOTE ON IT.

OKAY.

SO JUST HANG ON CUZ WE DON'T HAVE ENOUGH QUITE YET.

UH, YES, WE'RE GOING TO RECONSIDER THE KEYS, BUT WE DON'T HAVE ENOUGH TO ACTUALLY HEAR THE KEYS.

SO I'M GONNA JUMP TO THE VERY END OF THE AGENDA AND WE'LL GO OVER THOSE FEW ITEMS FIRST WHILE WE KEEP OUR FINGERS CROSSED AT ONE MORE BOARD.

MEMBER JOINS.

DARRYL JUST SHOWED UP.

DALE PRUIT JUST SHOWED UP.

OH, GOOD.

BUT WHERE ARE YOU? I SEE HIS NAME AND THEN I SAW HIM FOR A SECOND.

NOW I SEE.

OH, I SEE AT HIM AT THE BOTTOM.

OKAY.

I SAW HIM FOR JUST A SECOND.

THERE HE IS.

HI DARYL.

I'M HERE.

OKAY.

SO THAT GIVES US A E TO, TO VOTE WITH, BUT IT MEANS HE HAS TO GIVE ALL EAT.

DO WE WANNA TRY AND WAIT FOR ONE MORE? WE CAN GO FOR THE, AT LEAST THE RECONSIDERATION BECAUSE IT'S VERY STRAIGHTFORWARD.

MADAME CHAIR.

OKAY.

I'M OKAY WITH THAT TOO.

AND ALL RIGHT, SO I'M GONNA RECALL THE ROLL.

YES, AGAIN, SORRY EVERYONE, WE HAVE TO DO THIS EVERY TIME.

ALL.

OKAY, SO THIS IS AGAIN FOR ATTENDANCE.

TOMMY AINS.

YES.

BROOK BAILEY.

HERE.

JESSICA COHEN.

I'M HERE.

AUGUSTINA RODRIGUEZ.

HERE.

RICHARD SMITH? YES.

MICHAEL VLAN? YES.

HERE.

DARL PRUIT.

HERE.

CARRIE WALLER.

HERE.

AND MARCEL GARZA HERE.

TWO FOUR.

OKAY.

GOOD ENOUGH FOR NOW.

ALL RIGHT.

UH, WE ARE DARL JUST TO CATCH YOU UP REAL QUICK.

WE'RE GOING TO THE END OF THE AGENDA.

ITEM EIGHT.

WE VOTED TO RECONSIDER ITEM EIGHT.

AND, UH, WE'RE GONNA GO AHEAD AND HEAR THAT CASE NOW,

[00:10:01]

SO WE HAVE ENOUGH FOLKS IF YOU WANNA COME ON UP, PLEASE.

MADAM, MADAM.

CHAIR.

NICOLE.

NICOLE.

NICOLE.

WADE JUST LOGGED IN.

OKAY.

ACTUALLY, YEAH.

SO HANG ON ONE MORE SECOND.

AND MADAM CHAIR, JUST, JUST BEFORE YOU CALLED THE ROLL AGAIN, AGAIN, UH, IS THERE ANY OPPOSITION TO THE RECONSIDERATION OUT THERE IN THE CROWD? UH, NOT THAT I'M AWARE OF.

OKAY.

BECAUSE I'M GONNA ASK HIM IF HE COULD JUST REFRAIN FROM DOING A FULL PRESENTATION AND IF I COULD COMMENT ON IT AND POSSIBLY OKAY.

I'LL FIND OUT TO GET TO IT.

ALL RIGHT.

LET'S CALL THE ROLL ONE MORE TIME.

TELL ME.

YES.

BROOKE BAILEY.

HERE.

JESSICA COHEN? HERE.

DARRELL PR.

HERE.

AUGUSTINA RODRIGUEZ? HERE.

RICHARD SMITH.

HERE.

MICHAEL VLAN? HERE.

NICOLE RAIN? HERE.

CARRIE WALLER HERE.

AND MARCEL GARZA HERE.

OKAY.

UH, BEFORE WE START ON ITEM EIGHT, IS THERE ANY OPPOSITION ON THE PHONE OR IN THE HOUSE? MADAM CHAIR.

I DON'T THINK THERE'S OPPOSITION, BUT HIS ARCHITECT IS ON THE LINE AND SHE DOES WANT TO SPEAK.

OKAY.

SHE WANTED TO SPEAK LAST TIME AND SHE DOES WANT TO SPEAK.

OKAY.

I THINK IT'S GONNA PROBABLY, SHE'S NOT GONNA NEED TO SPEAK BECAUSE WE HAVE HER LETTER.

MADAM CHAIR AND YEAH, I SPOKE WITH THE FRIENDLY AMENDMENT MAKER ON, I MADE THE MOTION TO APPROVE A PASS UNANIMOUSLY.

UH, THERE WASN'T A FRIENDLY AMENDMENT MADE AND THIS, THERE WAS A LITTLE BIT OF CONFUSION ON, NORMALLY WE PUT A FOUR F A R ON SOME OF THESE PROJECTS.

RIGHT.

BUT THIS LOT IS UNIQUE IN THAT IS SO SMALL.

SMALL 20.

RIGHT.

WE ALSO MADE THE STATEMENT THAT IT WAS TO INCLUDE THE DRAWINGS, THE ELEVATIONS, AND EVERYTHING THAT WAS AGREED TO BY THE NEIGHBORHOOD ASSOCIATION.

WELL, IF YOU DO THAT, THEN THAT CONFLICTS WITH THE POINT FAR.

SO IT, THERE THERE WAS A CON DO YOU HAVE A MOTION DRAWN UP ALREADY? OH, I CAN, I CAN WHIP IT OUT QUICK.

SO LET ME JUST ASK YOU THIS, WOULD YOU BE, BECAUSE WE HAVE TO OFFER YOU THE OPPORTUNITY FOR A FULL FIVE MINUTES, WOULD YOU BE WILLING TO WAIVE THAT SO WE CAN JUST RECONSIDER THIS? OKAY.

OKAY.

OKAY.

SO, SO IS THERE ANY OPPOSITION? NO.

OKAY.

LET'S CLOSE THE PUBLIC HEARING.

DO I HAVE A MOTION? OKAY.

I MOVE TO APPROVE, UH, AS PER THE DRAWINGS AND THE ELEVATIONS AS SUBMITTED AND ELIMINATE THE POINT FOR F A R BECAUSE I DO AGREE WITH THE, UH, LETTER AS IT AS IT IS STATED.

DOES ANYONE HAVE ANY QUESTIONS ABOUT IT? SO THIS, WE, WE MADE A MISTAKE BY ADDING THE POINT FOR F A R AS A CONDITION, EVEN THOUGH THE LOT IS EXTREMELY, EXTREMELY SMALL, AND IT, IT, WE, IT COME, IT COMES INTO CONFLICT WITH THE ADDITIONAL CONDITION WE PUT ON TO FOLLOW THE DESIGNS AS WAS PRESENTED TO THE NEIGHBORHOOD.

RIGHT.

AND THOSE ARE LIKE AT 2300? YES.

THAT'S STILL, THAT IS STILL THE CAP, SO YES.

YES.

SO IT IS STILL, IT'S NOT THAT THERE'S NO CAP, RIGHT? CORRECT.

IT'S THAT WE ARE NOT HOLDING THEM TO THE 0.4.

POINT FOUR.

OKAY.

CORRECT.

OKAY.

DO I HAVE A SECOND? SECOND.

I'LL SECOND.

OKAY.

SO THIS IS A MOTION TO APPROVE THE RECONSIDERATION IN MADAM CHAIR.

IF THE ARCHITECT, IF SHE DOES FEEL THAT SHE WOULD LIKE TO, YEAH.

CAN WE ASK HER IF SHE'D LIKE TO TALK? I DON'T, BEFORE WE GO ANY FURTHER.

WE SORT OF MISSED HER THE LAST TIME.

YEAH.

AND I REALLY WANNA GIVE HER A CHANCE TO SPEAK IF SHE WANTS TO TALK.

THERE YOU GO.

THANK YOU.

HI, CAN YOU HEAR ME? YEAH, WE CAN HEAR YOU.

THIS IS BECKY JAMES.

HI.

UH, WHAT I WANTED TO SPEAK ON LAST TIME WAS JUST THIS PARTICULAR POINT ABOUT THE CONFLICT WITH THE CODE AND, AND THE DESIGN IS PRESENTED.

SO I, I'M OKAY, UH, WITH EVERYTHING WHERE YOU GUYS STAND RIGHT NOW.

.

THANK YOU.

SURE, NO PROBLEM.

AND THANKS FOR YOUR PATIENCE ON THAT.

NO PROBLEM.

THANK YOU.

OKAY.

AND MUCH FOR THE, THIS IS JUST TO REMOVE THE 0.04 F A R.

THE REST OF THE CONDITIONS REMAIN THE SAME.

THE REST OF THE CONDITIONS REMAIN, REMAIN THE SAME.

MY MOTION FROM BEFORE WILL ALSO REMAIN THE SAME, AND SO WILL MY FINDINGS.

OKAY.

MAKES CITY EVEN EASIER.

OKAY.

SO AGAIN, THIS IS THE MOTION TO APPROVE BASED ON THE ORIGINAL FINDINGS WITH THE ORIGINAL CONDITIONS, WITH THE EXCEPTION OF THE REMOVAL OF THE 0.4 F A R CONDITION.

CORRECT.

LET'S GO AHEAD AND TAKE THE VOTES.

WAIT CHAIR BEFORE YOU VOTE.

WHAT, WHAT DATE WAS THE MEETING THAT THE ORIGINAL FINDINGS WERE ON? UH, THAT'S A GREAT LAST ONE.

NOVEMBER 14TH.

YES.

THANKS.

THE, FROM NOVEMBER, THE FINDINGS FROM NOVEMBER 14TH.

DOES THAT COVER EVERYTHING LEGALLY? OKAY.

VERY GOOD.

LET'S TAKE THE VOTE.

TOMMY AINS.

[00:15:02]

YES.

BROOKE BAILEY.

YES.

JESSICA COHEN.

YES.

DARRELL PRUITT.

PUT YES.

AUGUSTINA RODRIGUEZ.

I ABSTAIN.

STEIN RICHARD SMITH.

YES.

MICHAEL VANK.

YES.

NICOLE WADE.

YES.

CARRIE WALLER.

YES.

AND MARCEL GARZA.

OH, HE'S STANDING, RIGHT.

SO THAT'S TWO, BUT THAT'S STILL 1, 2, 3, 4, 5, 6, 7.

THAT'S EIGHT.

WE'RE GOOD RECONSIDERATION.

GRANTED.

SORRY ABOUT THAT.

THANK YOU FOR YOUR PATIENCE.

THANK YOU.

HAVE A HAPPY HOLIDAYS.

CAN I SAY THAT LEGALLY? I DON'T KNOW.

OKAY.

JUST MAKING SURE.

LET'S SEE.

OKAY.

SO WE SHOULD HAVE ENOUGH TO MOVE ON WITH THE REST OF THE CASES FROM HERE.

22 0 61.

ALL RIGHT.

AND LET'S GO BACK TO THE BEGINNING AND WE'LL PICK IT UP WITH ITEM FOUR.

[4. C15-2022-0086 Ryan McElroy 5212 Evans Avenue]

THIS WILL BE C 15 20 22 0 0 86.

RYAN MCLE, MCELROY, MCELROY, 52 12 EVANS AVENUE.

PLEASE COME UP TO THE PODIUM.

STATE YOUR NAME FOR THE RECORD.

DO YOU HAVE A PRESENTATION? I DO, YES.

IF WE COULD GET THAT PRESENTATION PULLED UP PLEASE.

BEAUTIFUL.

AND YOU'RE SEEING WHAT I'M SEEING.

EXCELLENT.

OKAY, PERFECT.

YEAH, WHAT YOU SEE HERE IS WHAT WE'LL BE SEEING THERE.

AND THEY'LL BE SEEING IT ON THE VIRTUAL SCREENS AS WELL AT HOME.

OKAY, GREAT.

OKAY.

STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES.

EXCELLENT.

UH, GOOD EVENING.

MY NAME IS RYAN MCELROY.

UH, I'M THE OWNER OF 52 12 EVANS.

I ALSO OWN SOME LOCAL AREA BUSINESSES, THUNDERBIRD COFFEE AND BIRD, BIRD BISCUIT, UH, THAT ARE VERY CLOSE TO THIS PROPERTY.

MY FAMILY'S OWNED IT SINCE 1977 AND I ACTUALLY LIVED THERE IN 2018 AND 19, UH, AND HAD BEEN THE SOLE OWNER FOR ABOUT A YEAR, 52 12 EVANS, AS YOU CAN SEE FROM THE SURVEY, WAS P PLOTTED AS TWO LEGAL LOTS.

UH, OUR GOAL THIS EVENING IS TO GET, UH, BARBARIANS, UH, APPROVED TO DISAGGREGATE LOTS 19 AND 20 BACK TO THEIR ORIGINAL FORM.

WE'RE SEEKING A VARIANCE FROM CODE SECTIONS 25 2 14 0 6 AND 25 2 9 43.

THE BIG QUESTION, OF COURSE, IS WHAT IS THE HARDSHIP? UM, IN DEFINING THE HARDSHIP, WE'RE ACTUALLY GONNA REFERENCE A CASE THAT CAME BEFORE THIS BOARD IN FEBRUARY OF 2018 FOR, UH, 1116 THIRD STREET.

AND IT WAS THE EXACT SAME SITUATION OF A, OF A LOT THAT HAD HAD ONE HOUSE BUILT OVER TWO LEGALLY APPLIED LOTS IN THAT MEANING.

UH, WHEN PROMPTED TO DEFINE THE HARDSHIP BOARD MEMBER VAN OLAN SAID, UH, AND I QUOTE, THE AGGREGATION OF THE LOTS WAS CAUSED UNINTENTIONALLY BY FORMER OWNERS BUILDING A HOUSE OVER THE PROPERTY.

LINE 52 12 EVANS HAS THE EXACT SAME HARDSHIP AS THAT THAT CASE DID.

AND AS I MENTIONED, THE VARIANCE WAS APPROVED.

UH, SO WE'RE GONNA MOVE TO THE NEXT SLIDE.

THE SECONDARY PART OF THE HARDSHIP OF 52 12 EVANS, UH, THAT'S NOT GENERAL TO THE AREA, IS ITS EXTREME COMMERCIAL CHARACTER.

SO FIRST OFF, AS YOU CAN SEE IN THIS EAST 30, EAST 53RD STREET, FOR THOSE WHO DON'T KNOW IS NORTH LOOP, THEY'RE THE SAME THING.

IT'S JUST, UH, AN ALTERNATE NAME.

AND ALL OF THE BROWN THAT'S RUNNING ALONG THAT CORRIDOR IS, UH, MIXED USE, UH, FOR THE FUTURE LO THE FUTURE LAND USE MAP.

SKIPPING TO THE NEXT SLIDE, YOU CAN SEE THAT 52 12 EVANS IS IN A PARTICULAR SITUATION, THOUGH NOT EVEN THE SAME AS ALL OF THOSE THAT WERE BROWN ON THE PREVIOUS SLIDE.

AND THE REASON IS THE BACK OF THE PROPERTY IS EFFECTIVELY THE PARKING LOT FOR HOME SLICE PIZZA.

SO I, I ACTUALLY WAS LIVING IN THAT HOUSE WHEN THEY OPENED, AND IT IS AN EXTREMELY BUSY PARKING LOT, AS I'M SURE ANYONE WHO HAS BEEN TO HOMES SLICE KNOWS HOW GOOD IT IS.

UH, IT'S AN AMAZING BUSINESS, BUT IT ABSOLUTELY DOES CREATE AN ADDITIONAL HARDSHIP FOR THIS PARTICULAR PROPERTY.

AND THEN ONE MORE SLIDE, IF WE SKIP FORWARD, YOU CAN SEE HERE JUST A DIFFERENT VIEW OF IT, HOW MUCH THE PARKING LOT PLAYS INTO 52 12 EVANS EXPERIENCE.

UM, AND I WOULD SAY IF YOU BUILT A TRADITIONAL LIKE AB THAT I THINK YOU COULD DO BY RIGHT.

THE BACK HOUSE WOULD, UH, HAVE SEVERELY LIMITED PRIVACY BECAUSE IT WOULD FACE OUT ONTO A PARKING LOT.

AND SO WE'RE WORKING TO, UM, TRY TO AVOID THAT OUTCOME.

SO I, WE HAVE

[00:20:01]

HERE TODAY, UH, BRIAN BEDROSIAN, HE'S THE VICE PRESIDENT OF THE NORTHWOOD NEIGHBORHOOD ASSOCIATION.

HE'S GONNA TALK A LITTLE BIT ABOUT THE NEIGHBORHOOD CHARACTER, VISION AND, UM, THE SUPPORT CUZ IT'S BEEN BROADLY SUPPORTED BY THE ADJACENT NEIGHBORS AND THE ASSOCIATION.

MY NAME IS BRIAN BEDROSIAN.

I'M THE VICE PRESIDENT OF THE NOR NORTH LOOP NEIGHBORHOOD ASSOCIATION.

UM, I AM HERE TO SUPPORT, UH, MR. MCELROY IN HIS PURSUIT OF THE DISAGGREGATION OF THE SLOT.

HE CAME BEFORE US WITH HIS ARCHITECTS, UH, SEVERAL MONTHS AGO.

AND IN OUR LAST MEETING ON NOVEMBER 2ND, UH, WHERE'S A MOTION TO VOTE TO SUPPORT, UH, MR. MCELROY.

AND IT WAS UNANIMOUSLY VOTED, UH, TO SUPPORT HIM, WHICH IS WHY I'M HERE.

OUR, UH, NEIGHBORHOOD PLAN ACTUALLY ANTICIPATES THIS LOT AS HAVING MORE OF AN URBAN CHARACTER AND ACTING AS A BUFFER BUFFER TO THE MORE SUBURBAN LOTS.

AS YOU GET DEEPER INTO THE NEIGHBORHOOD, IT'S LOCATION ADJACENT TO NORTH LOOP AND NOW TO, UH, HOME SLICED PIZZA.

SPEAK TO THAT.

UM, OUR NEIGHBORHOOD HAS, UH, LOTS THAT ARE BUILT OR ARE PARTITIONED LIKE MR. MCELROY'S, UH, AND WE SEE THIS AS A WAY TO, UH, PROVIDE A DIFFERENT TYPE OF HOUSING.

THE AB UNITS ARE GREAT, UM, AS ANOTHER AFFORDABLE OPPORTUNITY IN OUR NEIGHBORHOOD, BUT IT'S, IT TENDS TO BE FOR POSSIBLY A FAMILY IN THE FRONT AND A SMALL RENTER IN THE BACK.

THIS UNLOCKS THE OPPORTUNITY TO ACTUALLY HOUSE TWO SEPARATE, UM, FAMILIES ON THIS SAME LOT.

DENSIFIES THE AREA OF THE NEIGHBORHOOD THAT WE LIKE TO SEE MORE DENSE.

UM, AND WE JUST VERY MUCH WOULD LIKE TO SUPPORT THE PROPERTY OR THAT PROJECT.

WE HAVE ABOUT 50 SECONDS.

WE HAVE FOUR MINUTES AND 14 OR 15 SECONDS.

I THINK WE'RE, WE'RE DONE.

OKAY.

IS THERE ANY OPPOSITION SCENE? NONE.

LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND LET'S OPEN IT UP TO DISCUSSION BOARD MEMBER SMITH.

I JUST, UH, HAVE A POINT OF CLARIFICATION FOR MYSELF.

I'M, I'M IN, IN FAVOR OF APPROVING THIS, BUT, UM, I NOTICED THAT THE NEIGHBORHOOD ASSOCIATION, I BELIEVE IN THEIR LETTER, SAID THAT THEY APPROVED IT AS, UM, YOU KNOW, FOR THE, FOR THE TWO SINGLE FAMILY HOMES THAT, UH, ARE BEING PROPOSED HERE.

AND I'M JUST, UH, WANT SOME CLARIFICATION BECAUSE, UH, I DON'T KNOW IF WE WOULD BE APPROVING IT FOR THE ACTUAL, DIVIDING IT BACK INTO TWO SEPARATE LOTS TO BE DONE WITH WHAT, WHAT HE WANTS OR PARTICULAR CONFIGURATION THAT, UH, THAT'S BEEN PROPOSED WITH THE TWO SINGLE FAMILY HOMES.

I, I CAN SPEAK TO THAT.

I'M ACTUALLY PLANNING ON BUILDING THESE MYSELF.

SO THAT'S, WE'RE GONNA BUILD IT AS THE DRAWINGS THAT ARE IN THE BACK.

I FORGET THE EXACT PAGE NUMBERS, BUT TOWARDS THE BACK THERE'S SOME RENDERINGS AND RIGHT.

AS YOU KNOW, RENDERINGS WILL CHANGE, BUT THE, THE FOOTPRINT OF THE BUILDINGS IS INTENDED TO BE EXACTLY THAT, I GUESS FROM THE NEIGHBORHOOD ASSOCIATION'S, UH, STANDPOINT.

ARE YOU, ARE YOU OKAY WITH IT GIVEN THE, THE FACT THERE'RE GONNA BE TWO SINGLE FAMILY HOMES OR YOU JUST OKAY WITH DIVIDING IT IN, UH, INTO TWO LOTS? I BELIEVE THAT THE, THE VOTE FROM THE NEIGHBORHOOD ASSOCIATION ON THE EVENING WE VOTED WAS BASED ON THE TWO BUILDING STRUCTURES THAT RYAN HAD PUT ON THE PROPERTY.

UM, I'M NOT SURE THAT IT NECESSARILY WOULDN'T HAVE GAINED THE SAME SUPPORT, BUT I CAN ONLY SPEAK TO WHAT WE VOTED ON, WHICH WAS BASED ON THE DRAWINGS THAT HE HAD PROVIDED US.

OKAY.

MR. MCELROY IS THERE COULD, COULD YOU BE A LITTLE MORE SPECIFIC WHICH RENDERING, RENDERING YOU'RE REFERRING TO AND, OH YEAH, I APOLOGIZE.

SURE.

SO IT'S, IT'S ON THAT IT'S ON FOUR 14, THEY'RE ALL THE SAME, BUT IF PAGE 12 WOULD BE A GOOD EXAMPLE.

YEAH, YEAH.

OR IT WORKS FOR ME AND ALSO PAGE FOUR 14 AND FOUR 15 AND THEY MAY BE NUMBERED A LITTLE BIT DIFFERENTLY, BUT IT'S, UH, YOU KNOW, THESE ONES THAT I'M TALKING ABOUT, I DON'T KNOW IF YOU CAN SEE IT FROM THERE.

RIGHT.

SO I'M LOOKING IN THE, THE PACKAGE AND THEN YOU CAN, THERE'S THE, THERE'S A, THERE'S A, YOU KNOW, LAYOUT ALSO THERE'S A ON PAGE, UM, THERE'S AN OVERHEAD SCHEMATIC OF THE FLOOR PLAN, UM, ON WHAT'S LABELED PAGE EIGHT ON OURS, IT'S PAGE FOUR 14 OF THE ORIGINAL SUBMITTAL.

MM-HMM AND THEN PAGES PAST THAT SHOULD HAVE VARYING, YEAH.

LOOKING FURTHER QUESTIONS OR A MOTION, UH, BOARD MEMBER PRITT, I WAS WONDERING IF YOU WERE GOING TO NEED A, ANY SORT OF, UH, VARIANCE FOR THE HEIGHT IT LOOKS LIKE, UH, LOOKS LIKE YOU'VE GOT LIKE TWO AND A HALF STORIES OR SO THERE.

UH,

[00:25:01]

NO SIR, I DON'T BELIEVE SO.

OKAY.

THANK YOU MADAM CHAIR.

BOARD MEMBER VAN NOLAN.

HE IS CORRECT.

WE DID HAVE ONE SIMILARLY TO THIS.

YOU QUOTED ME CORRECTLY AND I'LL MAKE A MOTION TO APPROVE.

WE HAD THE SAME SITUATION BEFORE, BUT I'M GONNA MAKE A MOTION TO APPROVE AS PER THE TWO SINGLE FAMILY HOMES PER THE RENDERING FOOTPRINTS.

SO THAT WAY IF YOU HAVE TO CHANGE INTERIORS YOU CAN, BUT THE FOOTPRINTS ON PAGE 4 14, 4 15 AND 60 AS A CONTRACTOR.

I KNOW THE FIELD DICTATES YOU MIGHT, AS LONG AS YOU STAY IN THE FOOTPRINT, YOU'LL BE GOOD.

ABSOLUTELY.

WE STILL HAVE TO GET BUILDING PLANES APPROVED AS WELL.

SO , THESE ARE I'LL SECOND INITIAL DESIGNS.

UH, WAS THAT BOARD MEMBER RODRIGUEZ? YEP.

OKAY.

SO THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER RON OLIN, SECONDED BY AUGUST SENIOR RODRIGUEZ.

I KNOW.

DON'T REMIND ME ABOUT FINDINGS.

I GOT IT.

BUT THIS IS TO APPROVE, UH, AS LONG AS IT MAINTAINS THE FOOTPRINT PER THE RENDERINGS ON 4 14, 4 15 AND FOUR 16 IN THE BACKUP.

CORRECT.

YOU WANNA DO JUST 4 14 4 FOURTEENS FINE FINDINGS, PLEASE REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THESE LOTS WERE LEGALLY PLATTED AND THE APPLICANT IS SEEKING A REINSTATEMENT OF THE ORIGINAL PLAT HARDSHIP.

THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT EVEN THOUGH THE LOTS WERE LEGALLY PLATTED IN EARLY AUSTIN, HIS AUSTIN'S HISTORY, THE HOUSE HAD BEEN BUILT OVER THE PROPERTY LINE HAD IT NOT BEEN BUILT OVER THE PROPERTY LINE AND BEEN REMOVED PRIOR TO 2007 OR HAD AN A DIFFERENT BUILDING PERMIT APPLICATION SUBMITTED PRIOR TO 2016.

THE LOTS COULD HAVE BEEN DEVELOPED WITH THE ENTITLEMENTS THAT THE ORIGINAL PLAT PROVIDED, WHICH IS WHAT WE ARE DOING HERE.

THE HARDSHIP IS GENERAL TO THE AREA IN WHICH A PROPERTY IS LOCATED BECAUSE THERE ARE VERY FEW OF THESE NARROW LOTS REMAINING BETWEEN THE LARGE COMMERCIAL DISTRICTS AND ARE DESIGNATED IS MU AND THE FLUME THAT ARE NOT ALREADY BEING USED AS COMMERCIALLY MULTI-FAMILY OR TWO FAMILY RESIDENTIAL 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 AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATION OF THE ZONING DISTRICTS IN WHICH PROPERTY IS LOCATED BECAUSE THE VARIANCE REQUEST WILL ADHERE TO THE AREA CHARACTER.

AND THIS AREA IS A MIX OF SINGLE FAMILY RESIDENTIAL, TWO FAMILY, RESIDENTIAL, AND MULTI-FAMILY.

AND I DO WANNA, UH, EXPRESSED MY APPRECIATION FOR GETTING TOGETHER WITH THE NEIGHBORHOOD ASSOCIATION AND GAINING THEIR SUPPORT AS WELL.

THANK YOU.

OKAY, SO ONE MORE TIME.

THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER BY NOLAN, SECONDED BY BOARD MEMBER RODRIGUEZ TIED TO, UH, WITH THE FOOTPRINT CHARGED THE RENDERING ON FOUR 14 IN THE BACKUP.

I'M GONNA GO AHEAD AND CALL THE VOTE.

TOMMY YS.

YES.

BROOKE BAILEY.

YES.

JESSICA COHEN.

YES.

WOULD ALSO LIKE TO SAY GOOD JOB ON THE NEIGHBORHOOD BECAUSE NOT JUST GOOD BUT WELL SPOKEN AND GAVE EVERY BEST REASON I COULD EVER ONCE.

SO, YAY.

THANK YOU.

UH, DARRELL PRUITT? YES.

AUGUST RODRIGUEZ? YES.

GOOD JOB.

RICHARD SMITH? YES.

MICHAEL VLAN.

YES.

NICOLE WADE? YES.

CARRIE WALLER? YES.

AND MARCEL GARZA? YES.

OKAY.

YOUR VARIANCE HAS BEEN GRANTED.

THANKS SO MUCH.

EVENING CHECKING ON YOU WHEN I GO TO HOME.

SLICE NOW.

YEAH, THERE YOU GO.

.

THANK YOU AND HAVE A HAPPY HOLIDAYS Y'ALL.

YOU WELCOME.

MOVING ON.

[5. C15-2022-0087 Samuel Berniard 1303 Harvey Street]

ITEM FIVE, THIS IS GONNA BE C 15 20 22 87 SAMUEL ARD 4 13 0 3 HARVEY STREET.

GIVE US JUST A SECOND TO GET YOU OUR PRESENTATION PULLED UP, .

OKAY.

STATE YOUR NAME FOR THE RECORD PLEASE AND YOU'LL HAVE FIVE MINUTES.

SURE THING.

IT'S SAM BERNARD.

I'M THE HOMEOWNER AT 1303 HARVEY STREET.

HAVE MY WIFE DIANA BERNARD WITH ME AS WELL.

UH, LET'S GO TO THE NEXT SLIDE IF YOU DON'T MIND.

SO TODAY WE'RE, UH, SEEKING A VARIANCE FROM THE FRONT YARD SETBACK, WHICH IS CURRENTLY 25 FEET ON THE PROPERTY TO 10.4 FEET.

UH, A LITTLE BIT OF UNIQUE SITUATION THAT I'LL EXPLAIN QUICKLY HERE.

SO WE HAVE A COMPLETED FRONT PORCH DECK REMODEL THAT'S

[00:30:01]

PICTURED ON THE RIGHT AND YOU CAN SEE THE PREVIOUS STATE OF IT, UH, ON THE LEFT.

UM, WE'RE WORKING WITH RESIDENTIAL REVIEW ON A RED TRACK OF PERMIT APPROVAL FOR THIS.

UM, BASICALLY THE DECK WAS BUILT IN THE SAME FOOTPRINT AS THE PREVIOUS DECK WITH THE A STEPS ADDED ON THE FRONT.

UM, AND IF YOU COULD GO TO THE NEXT SLIDE PLEASE.

SO THE UNIQUE ISSUE WITH OUR PROPERTY IS THAT IT WAS ORIGINALLY BUILT IN 1947.

IT WAS REMODELED IN 2011.

AND AS THE STRUCTURE EXISTS RIGHT NOW, THE 25 FOOT SETBACK IS WHERE THE RED LINE IS SHOWN HERE.

SO IT'S ABOUT FIVE FEET INTO THE, THE FRONT LIVING ROOM OF THE PROPERTY.

UM, SO BECAUSE OF THIS, YOU KNOW, THE SIZE OF THE DECK, UH, BASED ON SQUARE FOOTAGE DIDN'T REQUIRE PERMIT, BUT BECAUSE WE HAVE THE ADDED STEPS, WE'VE BEEN ADVISED, UH, THAT WE DO NEED THIS SETBACK ADJUSTMENT, UM, SO WE CAN GET IT APPROVED.

UM, NEXT SLIDE PLEASE.

EXCUSE ME ONE SECOND.

YEAH, SURE.

MADAM CHAIR, IS THERE ANY OPPOSITION TO THIS? IS THERE ANY OPPOSITION NOT BACK ON? IS THERE ANY OPPOSITION POSITION? COULD YOU BRING ON MY BOARD MEMBERS FOR ONE SEC? ? I'M GONNA GO AHEAD AND PAUSE THAT.

OH, YOU PAUSED IT FOR ME.

THANK YOU.

FROM THE FOLKS AT HOME, UH, DO Y'ALL WANT TO HEAR THE WHOLE CASE, WHICH IS ABSOLUTELY YOUR RIGHT OR IS THERE ANY OPPOSITION IF THERE WAS A MOTION TO APPROVE MADE BEFORE HE FINISHED? BASICALLY WHAT I'M SEEING IS THAT THAT PORCH WAS BUILT YEARS AGO.

IT'S THE SAME FOOTPRINT.

NOTHING HAS REALLY CHANGED OTHER THAN THE WRAPAROUND STEPS AND IT'S A HEALTH AND SAFETY ISSUE.

AND ANYTIME THIS IS, IT IS ALSO JUST FOR YOUR, HANG ON ONE SECOND PLEASE.

BOARD MEMBER O LET'S FIND OUT IF ANYONE, CAUSE I KNOW SOMETIMES WELL THIS IS FOR THEM, IS THAT, UH, ANYTIME YOU GO TO, UH, IMPROVE SOMETHING OR ANYTHING LIKE THAT, IT AUTOMATICALLY TRIGGERS IT AUTOMATICALLY.

YOU GOTTA GO GET A VARIANCE EVEN THOUGH IT'S BEEN NON-COMP COMPLYING STRUCTURE LIKE THAT UNDERSTOOD FOR YEARS.

SURE.

AND SO THAT'S WHAT I WAS TRYING TO SHARE WITH MY BOARD MEMBERS.

SO IF ANYBODY'S GOT ANY QUESTIONS ON WHY I'M WILLING TO MAKE A MOTION TO APPROVE AND LET Y'ALL GO HOME AND HAVE AN EARLY NIGHT, THAT'S, THAT'S WHERE I'M COMING FROM.

OKAY.

SO JUST JUST SO YOU'RE AWARE THAT MR. BERNARD, YOU ABSOLUTELY HAVE THE RIGHT TO FINISH YOUR FULL FIVE MINUTES OF WHAT YOU STILL HAVE THREE MINUTES AND 41 SECONDS.

OKAY.

UM, NO, I MEAN, I THINK I'VE LAID IT OUT PRETTY MUCH, I GUESS, YOU KNOW, THE ONLY OTHER THING IS THAT THE PROPERTY NEXT DOOR IS THE 1301 HAS THE SAME STEPS AND THEY HAD A VARIANCE APPROVED.

SO, YOU KNOW, IT'S CONSISTENT WITH THE NEIGHBORHOOD AND LIKE YOU SAID, THE, THE ONLY DIFFERENCE IN IT, IT IS THE, UH, FRONT FACING STEPS DOWN FROM THE PORCH AND IT EXISTS ON TOP OF THE ORIGINAL CEMENT PORCH.

FROM 1947, IT WAS BUILT.

OKAY, HANG ON ONE SEC.

BOARD MEMBER PUT, DID YOU WANNA, I WANTED TO ASK YOU ONE QUESTION ON PAGE TWO OF YOUR PRESENTATION ON THE OVERVIEW THERE.

UM, OKAY.

SO, SO HANG ON, LET ME GO AHEAD AND CLOSE THE PUBLIC HEARING.

I JUST WANTED TO MAKE SURE NO ONE HAD ANY OPPOSITION TO HIM, UH, US ASKING HIM TO FINISH EARLY IF HE WANTED TO.

SO IF WE DON'T HAVE THAT, IS THERE ANY OPPOSITION? ALL RIGHT.

SEEING NONE, LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING NOW.

BOARD MEMBER PRUITT, HOW MUCH CLOSER TO THE SIDEWALK IS YOUR, YOUR NEW DECK THAN THE THE OLD EXISTING ONE WAS? UH, THERE ACTUALLY ISN'T A SIDEWALK IN FRONT OF OUR PROPERTY THAT'S JUST, WELL, THOSE ARE JUST PAVERS.

UH, IF YOU SEE THAT IN THE PICTURE, BUT THERE'S, THERE'S NO SIDEWALK ON OUR PROPERTY.

OKAY.

BUT HOW FAR OUT, HOW FURTHER, HOW MUCH FURTHER OUT HAS YOUR, HAS YOUR DECK EXTENDED THERE TOWARDS THOSE? OKAY, THE ADDITIONAL, YEAH, IT'S ABOUT 3.3 FEET.

YEAH.

FURTHER.

OKAY.

AND THAT'S WHAT I WANTED TO KNOW.

THANK YOU.

NO PROBLEM.

ANY OTHER QUESTIONS? CAN YOU BUILDING A BOARD MEMBER VAN OLAN, BUT IS ENTERTAINING MAKING A MOTION? I'LL MAKE A MOTION TO APPROVE A OKAY.

MOTION TO APPROVE.

DO YOU HAVE A SECOND? A SECOND.

I'LL SECOND BECAUSE I LOOKED UP AND DOWN THAT STREET AND IT'S IN LINE WITH ALL THE HOUSES ALONG THE STREET.

SO.

ALL RIGHT.

THIS IS A MOTION TO APPROVE MADE BY A BOARD MEMBER BY NOLAN, SECONDED BY BOARD MEMBER BAILEY.

BOARD MEMBER OWEN BYS REASONABLE USE.

THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THE 25 FOOT YARD SETBACK BACK LANDS FIVE FEET INSIDE THE HOUSE.

STRUCTURE HARDSHIP.

THE HARDSHIP FOR WHICH VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT THE ORIGINAL CONSTRUCTION OF THE PROPERTY WAS DONE ON THE PREVIOUS CODE ALONG THE STRUCTURE AND FRONT DECK TO BE BUILT IN AN AREA WITHIN, WITHIN THE 25 FOOT SETBACK.

AS IT EXISTS, THE DECKING MATERIALS USED IN THE 2011 REMODEL OF THE FRONT PORCH OF THE HOME REQUIRED IMMEDIATE REPLACEMENT FOR SAFETY REASONS.

MY HARDSHIP IS BASED ON HEALTH AND SAFETY REASONS.

THE HARDSHIP IS NOT, IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE THE FRONT PORCH C IS CONSISTENT WITH THE PLACEMENT AND RELATION TO THE SETBACKS TO HOMES IN MCKINNEY HEIGHTS

[00:35:01]

AND HARVEY STREET 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 AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THE SQUARE FOOTAGE OF THE EXISTING DECK WAS NOT CHANGED IN THE CURRENT FRONT DECK.

REMODELED.

THAT'S IT MADAM CHAIR.

OKAY, LET'S GO AHEAD AND CALL THE VOTE.

TOMMY AINS.

YES.

BROOKE BAILEY.

YES.

JESSICA COHEN.

YES.

DARRELL PRUITT.

YES.

AUGUSTINA RODRIGUEZ? YES.

RICHARD SMITH? YES.

MICHAEL VLAN? YES.

NICOLE WADE? YES.

CARRIE WALLER? YES.

AND MARCEL GARZA? YES.

OKAY.

CONGRATULATIONS.

YOUR VARIANCE HAS BEEN GRANTED.

HAPPY HOLIDAY.

GOOD, THANKS.

YOU TOO.

MOVING ON.

ITEM

[6. C15-2022-0088 Drew Padgett for Homebound Texas Propco II 705 E 50th Street]

SIX C 15 20 22 0 0 8 8.

DREW PAGET FOR HOMEBOUND TEXAS.

PROP CODE 2 7 0 5 EAST 50TH STREET.

ARE THEY ON THE PHONE? YOU HEAR ME? OKAY? AH, YES.

I'M SORRY.

ONE SEC.

LET'S GET YOUR PRESENTATION PULLED UP.

SO IF YOU'RE WATCHING ONLINE, WHEN YOU'RE READY TO CHANGE THE SLIDE, GO AHEAD AND TELL US NEXT SLIDE AND WE'LL CHANGE IT.

THERE'S GONNA BE ABOUT A 32ND DELAY BETWEEN WHAT WE SEE AND WHAT YOU SEE, BUT REST ASSURED THAT I'LL LET YOU KNOW IF THIS SLIDE DOESN'T CHANGE WHEN YOU ASK.

OKAY.

SO PLEASE.

FANTASTIC.

YEAH, THE, UH, YOUR PRESENTATION'S PULLED UP.

PLEASE STATE YOUR NAME FOR THE RECORD AND YOU WILL HAVE FIVE MINUTES.

DREW PAGET'S HAVING A LITTLE BIT OF TECHNICAL DIFFICULTY.

SO MY NAME IS BRADY RENNER AND I'LL BE SPEAKING ON HER BEHALF AND READY TO START THE PRESENTATION WHEN YOU ARE, WE'RE READY WHEN YOU ARE.

GREAT.

WELL, THE FIRST SLIDE IS JUST THE TITLE SLIDE.

SO IF YOU CAN NAVIGATE TO SLIDE NUMBER TWO.

I'M WHAT, SO MY NAME'S BRADY.

I WORK WITH HOMEBOUND AND AT 7 0 5 EAST 50TH STREET WE WENT THROUGH, UM, WE WENT THROUGH THE CITY OF AUSTIN PROCESS AND WE HAD TWO GREAT COMMENTS FROM THE CITY AND THEY WERE IN A LITTLE BIT OF A CONFLICT.

ONE OF 'EM WAS THAT THE MAXIMUM FRONT YARD SETBACK IS 30 FEET FOR THIS NEIGHBORHOOD.

AND OUR CURRENT HOME SETBACK IS ALREADY VIOLATING THAT CUZ WE'RE AT 34 FOOT SIX.

AND WE ALSO HAVE THIS BEAUTIFUL HERITAGE PECAN THAT I THINK PROBABLY WHEN THE HOME WAS BUILT WAS A LOT SMALLER.

IT'S NOW GROWN UP, UM, AND IT'S TAKING UP A LITTLE BIT MORE ROOM.

SO WE HAVE THESE TWO SETBACKS THAT ARE SORT OF IN CONFLICT.

SO IF YOU GO TO THE, THE SECOND PAGE OR THE, THE NEXT SLIDE, I'LL KIND OF DEMONSTRATE THE HARDSHIP.

SO, YOU KNOW, UH, BETWEEN THE FRONT YARD SETBACK OF 25 FOOT AND 30 FOOT, UM, AND THAT HALF CRITICAL ROOT ZONE OF THAT TREE WE'RE LEFT WITH A REALLY SMALL FRONTAGE AREA.

IT'S ONLY ABOUT 14 FEET WIDE AND IT, IT CREATES A VERY, VERY AWKWARD HOUSE PLAN.

SO OUR CURRENT SOLUTION IS TO, UM, ASK FOR A LITTLE BIT OF AN EXTENSION ON THE, UM, MAX SETBACK AND TRY TO GET US TO 40 FOOT TO 10 INCHES, WHICH TO PROVIDE A LITTLE CONTEXT IS REALLY ONLY ADDING ABOUT SIX FEET TO WHAT OUR CURRENT ESTABLISHED SETBACK IS.

AND THAT'S REALLY JUST TO HELP US RESPECT THE GROWTH OF THAT TREE AND MAKE SURE WE'RE NOT ENCROACHING ON THAT HALF CRITICAL ROOT ZONE.

THE NEXT PAGE KIND OF ELABORATES A LITTLE BIT FURTHER OF, OF WHY THIS IS A HARDSHIP.

UM, IT KIND OF JUST BLOCKS OUT WHAT THE THEORETICAL FLOOR PLAN OF A HOME THAT WOULD HAVE TO PERTAIN TO THOSE RULES WOULD LOOK LIKE.

AND AS YOU NOTE THAT IF WE HAD A GARAGE OR CARPORT UP THERE, THAT ENTRY AND THE REMAINDER OF THE HOME WOULD JUST BE SUCH A, SUCH AN ODD SPACE.

THE ENTRY WOULD BE MAYBE FOUR OR FIVE FEET WIDE, ABOUT A 15 FOOT LONG HALLWAY UNTIL YOU COULD GET BACK TO THE BULK OF THE REST OF THE HOME.

SO WE'RE, WE'RE HOPING THAT, UH, TO PREVENT ANY ODD-SHAPED HOMES, ON THE STREET, WE CAN KIND OF EASE INTO THAT SETBACK A LITTLE BIT.

SO IF YOU GO TO THE, THE NEXT SLIDE, I WANTED TO PROVIDE JUST A, A LITTLE ADDITIONAL CONTENT FOR DOWN THE STREET.

THE NEXT SLIDE AFTER THAT SHOWS OUR CURRENT CONTEXT, WHICH IS THE, A PICTURE OF THE HOME FROM GOOGLE STREET VIEW AND OUR CURRENT SURVEY THAT SHOWS THAT WE'RE AT 34 AND A HALF FEET, UM, BACK FROM THE CURB.

THE NEXT SLIDE SHOWS, UH, ANOTHER LOT AT SIX 11 EAST 50TH, WHICH IS JUST DOWN THE STREET, A LITTLE LESS THAN A HUNDRED FEET AWAY.

THAT HAS A MUCH FURTHER SETBACK.

IT LOOKS LIKE IT'S ABOUT 128 FEET BASED ON GOOGLE EARTH.

AND THE FOLLOWING SLIDE FOR THAT HAS A, A LOT THAT'S A LITTLE BIT FURTHER AWAY, BUT ON THE SAME STREET AT FIVE 11 EAST 50TH AND IT'S GOT A 77 FOOT

[00:40:01]

BACK SETBACK IF YOU'RE MEASURING FROM GOOGLE EARTH.

SO WE JUST KIND OF LOOKED AT THAT BECAUSE WE WANTED TO MAKE SURE THAT WE WERE RESPECTING THE CHARACTER OF THE NEIGHBORHOOD.

AND IF THEY HAD A REALLY RIGID 25 TO 30 FOOT SETBACK ACROSS THAT STREET, WE WOULD'VE PROBABLY CHANGED, CHANGED OUR DESIGN A LITTLE BIT, BUT NOTICING THAT IT'S A LITTLE FLUID AND THAT IT'S, IT'S GONNA CREATE KIND OF A VERY ODD SHAPED HOME IF WE, IF WE HAVE TO CONFORM TO THAT 25 TO 30 FOOT SETBACK FOR THE, THE FRONT OF THE HOME, WE'RE GONNA BE, UM, YOU KNOW, UH, I THINK RESPECTING THE NEIGHBORHOOD AND RESPECTING THAT CONTRARY A LOT MORE IF WE GO WITH OUR PROPOSED DESIGN.

AND I BELIEVE THAT'S, THAT'S IT FOR ME.

OKAY.

IS THERE ANY OPPOSITION? SEEING NONE.

LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.

I ALREADY SEE A HAND ON THE DIAS BOARD MEMBER 1 0 1.

YES, SIR.

I HAVE A QUESTION.

SO WHAT YOU'RE ASKING FOR IS, YOU'RE ASKING BASICALLY FOR A VARIANCE TO GO FURTHER BACK, NOT TO ENCROACH INTO THE, INTO THE EASEMENT, BUT TO MOVE FURTHER AWAY FROM IT.

IS THAT CORRECT? YES, SIR.

I'LL MAKE A MOTION TO APPROVE.

YES.

I'LL SECOND.

CAN YOU, THAT'S A MOTION TO APPROVE MADE BY BOARD MEMBER VI NOLAN, SECONDED BY BOARD MEMBER BAILEY, DO YOU WANNA SPEAK TO YOUR MOTION? WELL, I JUST FEEL THAT IF HE, IF THEY'RE NOT ENCROACHING INTO THE EASEMENT, THEY'RE ACTUALLY JUST GOING BACK BY SIX FEET IS, I MEAN, IT'S NOT REALLY GONNA IMPACT ANY OF THE SURROUNDING NEIGHBORS OR ANYBODY THAT'S, UH, THAT'S LIVING ALONG THAT, THAT STREET.

AND SO I, IN ORDER TO PROTECT THE CRITICAL ROOT ZONE, WHICH IS A BONAFIDE HARDSHIP, I WOULD PREFER THAT THEY MOVE IT BACK RATHER THAN TRYING TO JUGGLE IT AROUND.

IT.

IT, I WOULD PROBABLY FEEL DIFFERENT IF THEY WERE GOING INTO IT, BUT EVEN STILL A CRITICAL ROOT ZONE OF A, OF A HERITAGE TREE IS STILL A BONAFIDE HARDSHIP.

AND I JUST WANTED TO MAKE A COMMENT BECAUSE WE DID HAVE ONE LETTER IN THE BACKUP OPPOSITION THAT TALKED ABOUT PARKING ON THE STREET AND STUFF, BUT I DON'T KNOW IF THEY HAD SEEN ALL THE SITE PLANS.

THIS WILL ACTUALLY ADD MORE PARKING BECAUSE THERE'S GOING TO BE THE PARKING IN THE BACK FOR THE ADU PLUS THE DRIVEWAY'S GOING TO BE LONGER, SO THERE'S ACTUALLY GONNA BE MORE PARKING THAN THERE IS CURRENTLY ON THIS PROPERTY.

SO JUST TO SPEAK TO THE PERSON, IF THEY'RE WATCHING THIS THAT HAD THE LETTER OF OPPOSITION, I DON'T THINK IT'S GONNA CHANGE THE CHARACTER OF THE NEIGHBORHOOD FOR YOU OR YOUR CHILDREN WALKING PAST THE SCHOOL VIRTUAL BOARD MEMBERS.

ANY QUESTIONS OR, OKAY.

REASONABLE USE.

THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THE PROPOSED PRO, UH, LET'S SEE.

IN ORDER TO ADHERE TO NCCD REQUIREMENTS, THE PROJECT WOULD VIOLATE A HERITAGE PECAN, UH, PE CONTRARY CRITICAL ROUTE ZONE.

CITY REVIEWERS HAD MADE IT CLEAR THE HERITAGE PECAN WOULD NOT BE MITIGATED AND THEREFORE THEY WILL NEED TO MOVE THE HOUSE BACK A LITTLE BIT IN ORDER TO ACCOMMODATE THAT HARDSHIP.

THE HARDSHIP FOR WHICH VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY AND THAT THE SPACE BETWEEN THE 25 AND 30 FOOT RANGE BETWEEN THE TREE CRITICAL ROUTE ZONE AND THE PROPERTY LINE LEAVES THEM WITH ONLY 14 FEET OF FRONTAGE.

THE HARDSHIP FOR IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE THE CURRENT HOME AS WELL AS AT LEAST TWO OTHERS IN A 500 FOOT RADIUS HAVE THE SAME MAXIMUM SETBACK OR ORDINANCE ORDINANCE AND HAVE BEEN MOVED BACK AS WELL.

OKAY.

AGAIN, THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER VON OLAND.

DID I CLOSE THE PUBLIC HEARING? ERIC CHARACTER NOT AREA CHARACTER? YES.

YES.

OH, I'M SORRY MAAM, I'M SLIPPING IT HERE.

AREA CHARACTER.

THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMANT PROPERTY, WILL NOT IMPAIR THE PURPOSE OF THE REGULATION OF THE ZONING DISTRICT IN WHICH PROPERTY IS LOCATED BECAUSE AGAIN, PER THE ATTACHED PRESENTATION, IMPORTANCE MADE NUMBER TWO ABOVE THE NEIGHBORHOOD, ESPECIALLY ON THIS STREET, HAS VARYING DEGREES OF CONSISTENCY IN SETBACKS.

OKAY, NOW AGAIN, THIS WAS A MOTION TO APPROVE MADE BY BOARD MEMBER BON NOLAN.

SECONDED BY BOARD MEMBER BAILEY.

LET'S CALL THE VOTE.

TOMMY AES.

YES.

BROOKE BAILEY.

YES.

JESSICA COHEN.

YES.

DARYL P YES.

AUGUSTINA RODRIGUEZ.

YES.

RICHARD SMITH.

YES.

MICHAEL VLAN.

YES.

NICOLE WADE.

YES.

CARRIE WALLER.

YES.

AND MARCEL GARZA? YES.

OKAY.

CONGRATULATIONS.

YOUR VARIANCE IS GRANTED.

[00:45:01]

THANK YOU SO MUCH AND HAVE A HAPPY HOLIDAYS.

THANK YOU.

MOVING ON.

I'M LOVING THIS NIGHT Y'ALL.

ITEM SEVEN

[7. C15-2022-0089 Tyler Rush for Mark Pearson 1202 W. 9th Street, 900 Blanco Street and 901 Shelley Avenue]

C 15 20 2289.

TYLER RUSH FOR MARK PEARSON.

12 0 2 WEST NINTH STREET, 900 BLANCO STREET, AND 9 0 1 SHELLEY AVENUE.

GOOD EVENING, TYLER RUSH WORKS WITH ME.

UM, I'M HUGH JEFFERSON, RANDOLPH AND ARCHITECT FOR THE HOMEOWNERS AT 1202 WEST NINTH STREET.

UM, IT'S A UNIQUE PROPERTY AND IF WE COULD SHOW THE FIRST IMAGE, JUST GIVE US ONE SEC THERE.

OH, WE'LL GET YOU PULLED UP.

SO THOSE ARE THE MAIN POINTS.

I THINK THE IMAGES WILL KIND OF EXPLAIN THEM EVEN BETTER.

SO NEXT ONE.

SO AS YOU CAN SEE, WE'RE BETWEEN SHELLY AVENUE WEST NINTH AND BLANCO.

SO IT'S A LONG SKINNY PROPERTY SURROUNDED BY THREE STREETS NEXT.

AND IT'S WITHIN THE CASTLE HILL HISTORIC DISTRICT, WHICH HAS ITS OWN SET OF DESIGN GUIDELINES.

NEXT, AND YOU MOVING CLOSER, YOU CAN SEE A BIT MORE CLEARLY.

UH, THE PROPERTY, UH, CONSISTS OF THREE STRUCTURES.

THERE'S TWO HOUSES AND A CARRIAGE HOUSE, WHICH IS JUST A TWO-STORY GARAGE, WHICH IS HISTORIC.

AND SO THE REALLY, THE CHARACTER IS THAT IT, UM, KIND OF IN ITS FORM AND USE IS REALLY LIKE A, A SINGLE FAMILY HOUSE.

UH, THE HOUSE ON THE CORNER OF BLANCO AND NINTH IS, IT'S ALL ON THE SAME PROPERTY, BUT IT'S BEING, UH, ONE FAMILY LIVES THERE.

AND THEN OUR PROPOSAL IS REALLY HAS TO DO WITH THE MIDDLE HOUSE AND THEN THE CARRIAGE HOUSE, WHICH IS TO THE LEFT, WRONG SHELLY NEXT.

AND WHAT YOU CAN SEE HERE IS THAT THE THREE STRUCTURES, AND AGAIN, WE'RE NOT REALLY PROPOSING TO DO ANYTHING WITH THE HOUSE ON, ON THE RIGHT ALONG THE CORNER OF NINTH AND BLANCO.

UH, BUT ALL THREE STRUCTURES ENCROACHED NOT ONLY INTO THE COMPATIBILITY SETBACK OF 15 FEET AT THE NORTH, UH, BUT THEY ALSO ENCROACH INTO THE FIVE FOOT, WHICH IS MORE THE STANDARD RESIDENTIAL SIDE YARD SETBACK.

THE NEXT, SO THIS DIAGRAM SHOWS THE RESTRICTIONS AND IT HAPPENS TO BE RIGHT WHERE THE LINE IS ON THE MONITORS.

UH, THE BLACK LINE IS A SMALL YELLOW FOOTPRINT EXACTLY IN THAT SPOT.

UM, BUT THE DESIGN GUIDELINES SAY THAT YOU CANNOT BUILD A STRUCTURE IN FRONT OF HISTORIC STRUCTURE.

IT HAS TO BE ONE THIRD OF THE WAY BACK.

AND THAT NOT ONLY, NOT ONLY IS THE, UH, THE MAIN MIDDLE HOUSE, BUT ALSO THE CARRIAGE HOUSE AND THAT THE BLUE, UH, AREA THERE IS SHOWING WHAT IS THE COMPATIBILITY SETBACK FROM A NEIGHBORING SINGLE FAMILY USE PROPERTY, WHICH IS TO THE NORTH.

SO NEXT, SO ORIGINALLY WE INTERPRETED THE HISTORIC GUIDELINES THAT YOU COULD BUILD IN FRONT OF ONE OF THE TWO SIDES OF HISTORIC STRUCTURE.

AND WE WERE BUILDING, UH, THAT ORANGE FOOTPRINT SHOWS WE WERE ONE THIRD OF THE WAY BACK FROM THE MIDDLE HOUSE, BUT WE WERE PROPOSING TO BUILD A CONNECTING PIECE, UH, FOR THE FAMILY WHO'LL BE LIVING IN THE MIDDLE HOUSE.

THEY WANTED TO INCLUDE AND INCORPORATE, UH, THE SPACE, THE SQUARE FOOTAGE OF THE CARRIAGE HOUSE CONNECTED TO THAT MAIN HOUSE.

AND SO WHAT WE LEARNED THOUGH NEXT, THE NEXT SLIDE IS THAT YOU CANNOT BUILD IN FRONT OF THE EITHER OF THE TWO SIDES.

AND SO THAT LEFT US WITH LOT FOR YOUR POSSIBILITIES, LIKE IN THAT FIRST IMAGE.

SO WHAT WE'RE ASKING FOR IS TO BE ABLE TO BUILD WHERE THE PURPLE IS AND WHAT THE PROPOSAL IS THAT HAS BEEN APPROVED BY OHANA, APPROVED BY ALL THE ADJACENT NEIGHBORS, AND MOST IMPORTANTLY BY THE UH, CASTLE HILL HISTORIC DISTRICT.

UH, THE HIS AUSTIN, UH, HISTORICAL COMMISSION IS THAT WE WANT TO ROTATE THE CARRIAGE HOUSE.

RIGHT NOW THE RED RECTANGLE SHOWS WHERE IT IS AND WHAT WE'RE PROPOSING IS TO MOVE IT, UH, 90 DEGREES.

AND SO IT WOULD BE LOCATED FURTHER AWAY FROM THE SINGLE FAMILY HOUSE TO THE NORTH.

AND WHAT WE'RE PROPOSING TO BUILD IS NOT WITHIN THAT FIVE FOOT SETBACK.

SO IT WOULD BE, UH, AGAIN, FARTHER AWAY FROM THE NEIGHBOR IS WHAT WE'RE PROPOSING.

AND THAT HAS BEEN APPROVED THE NEXT, AND THIS IS WHAT IT LOOKS LIKE FROM NINE STREET AGAIN, WHAT YOU'LL SEE IS BEHIND THOSE CARS IS THE CARRIAGE HOUSE.

AND SO THAT ELEVATION IN THIS IMAGE NOW WOULD BE THE ONE THAT WOULD BE VISIBLE FROM SHELLY TO THE WEST NEXT.

SO AGAIN, WE'RE JUST REAL BRIEFLY SHOWING THIS IS WHAT WE ORIGINALLY HAD PROPOSED A BUILDING A STRUCTURE IN FRONT OF THAT CARRIAGE HOUSE TO AVOID PUTTING IT INTO THAT, UH, 15 FOOT COMPATIBILITY SETBACK FROM THE NORTH.

AND THAT WAS REJECTED BECAUSE IT WAS IN FRONT OF THE CARRIAGE HOUSE.

NEXT.

[00:50:01]

AND THIS IS WHAT WE'RE PROPOSING, AGAIN, THIS HAS BEEN APPROVED BY THE HISTORICAL COMMISSION AS WELL AS AANA AND THE NEIGHBORS.

AND SO IT'S TURNING THE BUILDING, WHICH IS YOU SEATED TO THE LEFT.

AND SO WHAT IS NOW THE SOUTH FACADE USED TO BE THE EAST FACADE AND WHAT HAD BEEN THE SOUTH IS NOW THE WEST, WE'RE JUST ROTATING AT 90 DEGREES.

AND UH, THAT ALLOWS US TO BUILD THAT CONNECTING ELEMENT.

UM, IT'S A, DOWNSTAIRS IS A SCREEN PORCH AND THEN UPSTAIRS IS ENCLOSED.

UM, BUT UM, THE NEXT, SO AGAIN, KIND OF GOING BACK TO THIS IMAGE, THE RED RECTANGLE IS WHERE THE CARRIAGE HOUSE CURRENTLY IS AND WHAT WE'RE PROPOSING IS TO MOVE THE CARRIAGE HOUSE, WHICH IS THE GRAY STRUCTURE TO THE LEFT.

AND THE ORANGE IS A NECKING.

THANK YOU.

THANK YOU.

OKAY.

IS THERE ANY OPPOSITION? BLESS YOU.

THANK YOU.

HEARING NONE.

I'M GONNA GO AHEAD AND CLOSE THE PUBLIC HEARING.

LET'S START WITH QUESTIONS.

I JUST HAVE A QUICK ONE BOARD MEMBER BAILEY, AND IT WAS IN THE HLC, THEIR CONDITIONS.

ARE YOU OKAY WITH ALL OF THE CONDITIONS HAVING AN ENGINEER LIFT AND MOVE IT NOT DECONSTRUCT THE CARRIAGE HOUSE? YES, WE ARE.

OKAY.

CUZ I, I WANT THAT ADDED INTO OUR VARIANCE.

WHO IT'S IN THE, IT'S IN THE LATE BACK UP THE LETTER.

YOU CAN MAKE IT A CONDITION, BUT WHERE ARE THE CONDITIONS? THEY'RE IN THE, OUR LATE BACKUP.

UM, THE LETTER FROM THE OHANA I THINK IS WHERE, OR OR IS IT FROM THE HLC? THERE IS A LETTER THAT IT, IT STATES THE CONDITIONS THAT THIS WAS PASSED ON.

CONSENT.

UM, HANG ON, LET ME, HOW ABOUT HAVE WE DONE THIS BEFORE? I'M ASSUMING YES.

THEIR EXISTING CONDITIONS.

I JUST WANNA MAKE SURE THAT WE ALSO INCLUDE THEM.

THEY'RE ALREADY PUT ON THEIR BUILDING PERMIT.

MR. LANDMARK COMMISSION HAS ALREADY ADDED THESE CONDITIONS FOR THEIR APPROVAL AND I JUST WANNA MAKE SURE IT ALSO MAKES IT INTO OUR VARIANCE.

THEY'RE, THEY'RE ALREADY THERE.

SO IS THAT A MOTION? SURE.

I MOVE TO APPROVE WITH THAT CON YOU KNOW, THAT WE MAKE SURE THAT CONDITIONS INCLUDED.

OH, YOU ALREADY DID THOUGH.

NO, I WAS GETTING SECOND JERSEY.

OH, OKAY.

I'M, I'M GONNA SHARE THE LOVE .

, DO YOU NEED TO FIND THAT? DID YOU FIND IT? I CAN BRING IT UP FOR YOU IF YOU NEED ME TO.

IT'S IN THE LATE BACK UP, UH, SUPPORT YES.

HAS THE BACK UP SUPPORT FROM THE OLD WEST AUSTIN NEIGHBORHOOD ASSOCIATION.

I'M SORRY.

BUT, BUT IN THE PRIOR HEARING WHEN THEY WERE AT HLC, HLC IS THE ONE THAT PUT THESE CONDITIONS ON THEM.

I JUST WANNA NOTE THAT WE ALSO SUPPORT THOSE CONDITIONS.

SO THEY'RE IN THE PUBLIC RECORD ALREADY.

IT'S YEAH, IT'S NOT THE ACTUAL HLC NO, BUT THAT IS THE PUBLIC RECORD BECAUSE THAT THEY'VE ALREADY BEEN TO HLC SO IT IS IN THE PUBLIC RECORD, BUT IT'S WHAT THEIR CONDITIONS ARE IN THAT LETTER FROM OHANA STATES.

WHAT THE HLC PUT THE CONDITIONS.

SO, UH, ERIC LOPEZ HAS LAW, SO BOARD MEMBER BAILEY.

YES.

THE CONDITIONS THAT YOU WANT WERE THAT THE CARRIAGE HOUSE IS MOVED UNDER STRUCTURAL ENGINEER SUPERVISION VIA LIFTING AND ROTATING THE STRUCTURE, NOT DECONSTRUCT AND REBUILD.

AND IF THERE'S A, IF, IF THERE'S A DEVIANCE FROM THE APPROVED PLANS THAT, OR ACTUALLY IF THERE'S A SIGNIFICANT DETERIORATION FOUND RESULTING IN THE NEED FOR DEVIANCE FROM THE APPROVED PLANS THAT THE CASE RETURNED TO THE HISTORIC LANDMARK COMMISSION FOR APPROVAL.

CAN WE, CAN WE DO THAT ONE? DO Y'ALL HAVE A PAGE NUMBER ON THAT FOR US? HEY, THAT IS IN THE ITEM SEVEN ONE LATE BACKUP.

YEP.

WELL THIS IS IN THE PUBLIC RECORD.

YEAH, YEAH.

THIS IS ALREADY ON IT.

ALL I WANT IS A NOTE ATTACHED THAT WE ALSO HAVE THAT IN OUR VARIANCE.

YES.

SO YOU'RE SAYING THAT I WANNA REFERENCE THOSE CONDITIONS.

I, I'M, YEAH, I'M TRYING TO THINK OF THE, OF A, A BOA VARIANCE BEING DEPENDENT ON ANOTHER BODY.

UH, IT'S NOT DEPENDENT ON IT, IT'S THE, I WANT NOTED THE CONDITIONS THAT HLC PUT ON THEIR APPROVAL.

I JUST WANT THAT IN OUR NOTES.

WE CAN, WE CAN ACTUALLY REPEAT THOSE CONDITIONS YES.

IN OUR VARIANCE.

SURE.

SO, SO WHAT IF IT'S, MAY MAKE A SUGGESTION.

WHAT IF WE SAY IF THERE IS A, UH, IF A DEVIANCE , CAN I HAVE A COUPLE MINUTES? DO YOU THINK ABOUT IT? OKAY, SORRY, DEVIL'S IN THE DETAILS AND WORDINGS.

I SEE A RAISED HAND ON WHAT IS HE? OH, THANKS RICHARD.

[00:55:01]

QUESTION BOARD MEMBER SMITH.

YEAH.

SO I'M HAVING A LITTLE TROUBLE UNDERSTANDING, UM, THE ALLEGED HARDSHIP.

HOW, HOW DOES THAT DEPRIVE THE PROPERTY OF REASONABLE USE? THE ALLEGED HARDSHIP IS THE COMBINATION OF A VERY NARROW OR A RELATIVELY NARROW LOT SURROUNDED, YOU KNOW, BY A THREE STREETS.

AND MOST IMPORTANTLY, THE INABILITY THROUGH THE HISTORIC NEIGHBORHOOD GUIDE DESIGN GUIDELINES TO BUILD IN FRONT OF EITHER THE SHELLY OR THE WEST NINTH STREET FACADE.

TH THOSE WERE ALL IN EXISTENCE WHEN THE, WHEN THE HOUSE WAS PURCHASED? I BELIEVE SO THE HOUSE WAS PURCHASED, UH, LAST YEAR OR EARLIER, UH, ABOUT A YEAR AGO.

SO THE DESI, CASTLE HILL DESIGN GUIDELINES, I THINK ARE ABOUT 10 YEARS OR SO, MAYBE 15 YEARS OLD.

SO HOW IS WHAT YOU HAVE RIGHT NOW NOT A REASONABLE USE? HOW DOES THAT TO PRIVATE OR A REASONABLE USE, THE ABILITY TO CONNECT THE CARRIAGE HOUSE WITH THE MIDDLE HOUSE WAS LIMITED, UH, BECAUSE OF THE 15 FOOT COMPATIBILITY SETBACK AND THAT ALSO THE INABILITY TO BUILD ANYTHING IN FRONT OF THE CARRIAGE HOUSE.

WELL, I MEAN IN TERMS OF THE, THE, THE PURPOSE OF THE STRUCTURES.

I MEAN, I, I DON'T SEE THAT.

THE QUESTION IS HOW DOES, HOW DOES THE HARDSHIP DEPRIVE YOU OF A REASONABLE USE RIGHT NOW IN ITS CURRENT CONFIGURATION? YOU'RE SAYING IT DOESN'T HAVE A REASONABLE USE BECAUSE YOU CAN'T GET THAT STRUCTURE IN BETWEEN THE TWO HOUSES OR THE CARRIAGE HOUSE AND THE HOUSE.

I THINK THAT THE CLIENT HAD A GOAL OF UTILIZING THE SQUARE FOOTAGE OF THAT CARRIAGE HOUSE AND HAVE IT BEING CONNECTED, UH, TO THEIR MAIN HOUSE.

AND SO THAT WAS NOT, AGAIN, TO SORT OF JUST REPEAT THE INABILITY TO BUILD IN FRONT YET TO BE ABLE ONE THIRD OF THE WAY BACK.

SO IF YOU WERE TO LOOK, NOT ONLY CAN YOU NOT BUILD IN FRONT OF THE SOUTH FACE OF THE CARRIAGE HOUSE, BUT YOU'D HAVE TO BUILD ONE THIRD OF THE WAY BACK.

SO YOU'D END UP WITH LIKE A THREE FOOT WIDE, YOU KNOW, ZONE THAT YOU COULD BUILD BEFORE YOU GOT TO THE 15 FOOT SETBACK TO THE NORTH.

OR MAYBE TWO, LIKE TWO FOOT EIGHT INCHES OR SOMETHING.

BE PRECISE , UH, BOARD.

YEAH, I'M NOT GETTING IT.

.

SORRY.

THAT'S GARY.

ARE YOU FINISHED? I'M FINISHED.

I'M JUST SAYING, I'M JUST SAYING I DON'T, I DON'T GET IT.

I MEAN, I DON'T UNDERSTAND WHY THE HOUSE, I MEAN ALL THE, ALL THE CONFIGURATION.

I UNDERSTAND THE DESIRE TO, YOU KNOW, REMODEL, BUT I DON'T UNDERSTAND WHY, YOU KNOW, WHY WE WOULD GIVE A VARIANCE WHEN THERE'S NO, WHEN THERE'S ALREADY A REASONABLE USE FOR THE PROPERTY AND, AND THE HARDSHIP AND PARTICULARLY CAUSE THE HARDSHIP DOESN'T DEPRIVE IT OF THE REASONABLE USE.

OKAY.

UH, BOARD MEMBER BAILING ACCORDING TO LEGAL, UH, THE FIRST CONDITION ABOUT, UH, CARRIAGE HOUSE NOT BEING, OR BEING MOVED UNDER STRUCTURAL ENGINEER SUPERVISION VIA LIFTING AND ROTATING IS DOABLE.

NOT SURE ON WHETHER OR NOT WE CAN APPLY THE CONDITION, YOU KNOW, TO BE HONEST, IT DOESN'T MATTER THEY'VE ALREADY DONE IT AT, AT HLC.

I JUST WANTED TO NOTE SO THAT THEY WOULD REFERENCE BACK TO THAT.

SO IT, WHENEVER THEY GET THEIR BUILDING PERMIT, WE MAKE SURE THAT IT'S REFERENCED BACK TO THAT.

BUT FORGET IT.

JUST FORGET IT.

IT, IT SHOULDN'T BE THAT HARD, BUT ANYWAYS.

UM, BUT TO ANSWER RICHARD, UM, THAT LOT IS A VERY, UH, HAS THREE REAL STREETS.

IT'S NOT EVEN AN ALLEY AND THEY'RE ACTUALLY MOVING THE CARRIAGE HOUSE OUT OF THE SETBACK.

SO THEY'RE ACTUALLY IMPROVING THE CONDITION BY DOING THIS, BY MOVING IT OUTTA THE SETBACK TO THE NEIGHBORS.

AND ALSO IF HLC PASSED THIS ON CONSENT, I FEEL LIKE THEY FEEL LIKE THIS APPLICANT HAS DONE THEIR DUE DILIGENCE ON, ON, ON THE WORK THEY'RE GOING TO DO.

THAT'S JUST MY OPINION.

I THINK DARRELL HAD HIS HAND UP BOARD MEMBER PER DID YOU HAVE A QUESTION? YEAH, I DID HAVE A QUESTION.

I'M LOOKING AT YOUR, WERE PAGE 18 OF YOUR DOCUMENTATION, UM, YOUR, YOUR CURRENT PROPOSAL.

IT SHOWS THE PROPOSED EDITION AND IT SHOWS THE FOOTPRINT OF THE REQUESTED COMPATIBILITY VARIANCE IN PURPLE.

YOU SEE WHERE I'M AT THERE? CAN WE I KNOW IT IN MY HEAD.

I GET

[01:00:01]

THAT PULLED UP REAL QUICK PLEASE.

AND, UH, LEAVE A BOARD MEMBER PUTS FACE, UH, SO WE CAN SEE HIM ON THE VIDEO PLEASE.

18 SEVEN OF 18.

THERE WE GO.

GO.

YOU CAN GO BACK.

RIGHT THERE IT IS.

NO, THE ONE BEFORE RIGHT THERE.

THAT ONE.

SO IS IT YOUR TEST SEC BOARD MEMBER PUT, WE NEED TO BE ABLE TO SEE YOUR FACE.

YOU COULD SHRINK IT DOWN TO ONE IF YOU WANT.

LIKE WITH THOSE TOP RIGHT.

YEAH, VERY TOP.

THANKS.

GO AHEAD.

BOARD MEMBER P SO IS IT YOUR TESTIMONY THAT THE, I I'M CONCERNED ABOUT THE COMPATIBILITY VARIANCE IN PURPLE THERE, BUT IS THAT, DOES THAT RESULT IN LESS COMPATIBILITY, UH, REQUIREMENT THAN THE EXISTING STRUCTURE THE WAY IT IS RIGHT NOW? IF YOU WERE TO TURN IT AND THEN MAKE THIS CONNECTION AND THEN MY FOLLOW UP QUESTION WOULD BE WHATEVER YOU'RE GOING TO DO TO CONNECT, UH, IT APPEARS IS NOT GOING TO EXCEED THE HEIGHT OF WHAT THE CARRIAGE HOUSE AND THE MAIN HOUSE ARE AT THIS POINT.

I WANNA MAKE SURE THAT THAT'S CORRECT.

THE CONNECTING PIECE WILL BE LOWER THAN THE ROOFS THAN THE HEIGHT OF THE CONNECTING STRUCTURES, THE CARRIAGE HOUSE AND WE CALL THE BID HOUSE.

AND WHEN YOU LOOK AT IT, UH, THE, A GOOD PORTION OF WHAT IS THE PURPLE, THE FOOTPRINT OF WHERE WE ARE REQUESTING THE VARIANCE INTO THE COMPATIBILITY SETBACK IS THE CARRIAGE HOUSE ITSELF.

SO IT'S NOT NEW SQUARE FOOTAGE THAT WE'RE PROPOSING TO BUILD IN ADDITION TO THE CARRIAGE HOUSE ITSELF AND THE RED REC, THE RED RECTANGLE SHOWS WHERE THE CARRIAGE HOUSE CURRENTLY IS AND IT SHOWS TO THE DEGREE OF WHERE IT IS ENCROACHING INTO THE, UH, COMPATIBILITY.

THE COMPATIBILITY IN THIS DIAGRAM HAPPENS TO BE EXACTLY WHERE THE BLACK LINE IS BETWEEN, UH, THE UPPER SQUARES AND THE MONITORS.

OR ACTUALLY, I GUESS NOT ON YOUR IMAGE.

WHAT I'M LOOKING AT IT UP ON THE BIG SCREEN, IT'S COMPOSED OF NINE DIFFERENT SCREENS.

SO, BUT YOU CAN SEE WHERE THE DASH LINE IS.

YEAH.

OKAY.

THANK YOU .

ANY OTHER QUESTIONS? OKAY.

WELL WE DID HAVE A MOTION TO APPROVE MADE BY BOARD MEMBER BAILEY AND WITH THE FIRST CONDITION.

DO YOU WANNA LEAVE THAT ONE FOR SURE.

OKAY.

LOOK AT IT.

SO A MOTION TO APPROVE.

DID I HAVE A SECOND? SECOND.

OKAY.

SECONDED BY BOARD MEMBER OF JUAN OLIN.

OKAY, ANY OTHER QUESTIONS? OKAY, FINDINGS, PLEASE.

OKAY.

REASONABLE USE.

THERE ARE THREE EXISTING HISTORIC CONTRIBUTING STRUCTURES TO THE CASTLE HILL HISTORIC DISTRICT THAT ARE PROTECTED FROM DEMOLITION.

THESE THREE STRUCTURES ARE ALL CURRENTLY LOCATED WITHIN THE COMPATIBILITY SETBACK ON THE NORTH SIDE OF THE SITE.

CASTLE HILL.

HISTORIC DESIGN DISTRICT OR DISTRICT DESIGN STANDARDS DO NOT ALLOW ADDITIONS TO OBSCURE OR BLOCK THE HISTORIC STRUCTURES FROM PUBLIC STREET VIEW.

AND THIS PROPERTY HAS THREE PUBLIC STREETS.

THE COMBINATION OF THIS ONE THIRD RULE AND THE NORTH COMPATIBILITY SET BACK UP 15 FEET ONLY ALLOWS FOR A SMALL SEVEN SQUARE FOOT SLIVER OF DEVELOPMENT.

LET'S SEE, SEVERAL FACT THE HARDSHIP, THERE ARE SEVERAL FACTORS CONTRIBUTING TO THE HARDSHIP.

THREE HISTORIC STRUCTURES ARE PROTECTED FROM DEMOLITION AND ADDITIONS MUST BE IN COMPLIANCE WITH THE CASTLE HILL HISTORIC DISTRICT DESIGN STANDARDS.

THERE ARE