[00:00:05]
[CALL TO ORDER]
AWESOME.OKAY, LET'S GET EVERYONE'S FACES BACK ON, PLEASE.
WE GOTTA GET A QUORUM WITHIN THREE MINUTES.
LET'S START WITH BROOK BAILEY HERE.
I HOPE YOU HAD A GOOD NEW YEAR.
KIM, I'M GONNA GO OVER A COUPLE OF QUICK HOUSEKEEPING RULES FOR Y'ALL.
UM, AGAIN, PLEASE PUT YOUR CELL PHONES ON VIBRATE, UH, AFTER YOUR CASE IS OVER.
IF YOU HAVE QUESTIONS, PLEASE WAIT TILL TOMORROW.
CONTACT ELAINE BY EMAIL OR BY PHONE.
UH, THERE IS SOME OPPOSITION TONIGHT.
SO IF YOU ARE ADDRESSING THE BOARD, PLEASE MAKE SURE TO ADDRESS THE BOARD.
UM, YOUR PARKING TICKETS, IF YOU HAVEN'T GOTTEN YOUR PARKING TICKET STAMPED YET, THERE'S A LITTLE CLAMSHELL OVER HERE TOWARDS THE EXIT.
ON YOUR WAY OUT, PLEASE WRITE DOWN YOUR TICKET NUMBER, INSERT IT INTO THE CLAMSHELL, GIVE IT A LITTLE STAMP, AND THAT WAY YOUR PARKING WILL BE VALIDATED.
EVERYONE WHO'S GOING TO BE GIVING TESTIMONY TONIGHT, I NEED YOU TO PLEASE STAND AND I'M GOING TO HAVE YOU TAKE YOUR OATH.
DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? THANK YOU VERY MUCH, AND BE SEATED.
[APPROVAL OF MINUTES]
START WITH ITEM ONE, WHICH IS THE APPROVAL OF THE MINUTES FROM DECEMBER 12TH, 2022.I HAVE A MOTION TO APPROVE MADE BY BOARD MEMBER VAN OLAN.
DO I HAVE A SECOND? I'LL SECOND.
SECONDED BY VICE CHAIR HAWTHORNE.
MOVING ON TO ITEM TWO, DISCUSSION
[2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda.]
OF STAFF AND APPLICANT REQUESTS FOR POSTPONES AND WITHDRAWALS.THERE ARE NO POSTPONES OR WITHDRAWALS TONIGHT, CORRECT? LANE? CORRECT.
WE'RE GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARINGS, AND I'M GOING TO
[4. C15-2023-0002 Hector Avila for Sue Jacobs 5801 Sierra Madre]
ASK THAT WE MOVE ITEM FOUR UP IN THE PLACE OF ITEM THREE.IT'S A QUICK SWITCH IN THE AGENDA.
UH, SO I GUESS A MOTION TO CHANGE THE AGENDA IF NO ONE HAS ANY OBJECTION.
WE'LL GO AHEAD AND TAKE THAT CASE FIRST QUICKLY.
UH, BOARD MEMBER MACARTHUR, COULD YOU EXPLAIN THE REASON FOR THAT? UH, IT'S, UH, EXTREMELY QUICK TO CASE.
IF YOU'D LIKE TO DISCUSS IT, WE CAN TAKE IT IN ORDER.
YEAH, NO, I JUST WANNA THE AGENT FOR NUMBER ONE, NUMBER FOUR.
COULD YOU REPEAT THAT FOR ME? I'LL BE THE AGENT FOR NUMBER FOUR.
MR. AVILAN? WE, BECAUSE THAT'S A HYBRID MEETING, HUH? OR SHE WAS ACTUALLY SAYING SOMETHING.
BOARD MEMBER MACARTHUR, COULD YOU REPEAT
[00:05:01]
WHAT YOU SAID? ARE YOU OKAY WITH, OR ARE YOU OBJECTING? NO, I, I, I'M OKAY WITH IT.SO WE'RE GOING TO HEAR ITEM FOUR C 15, 20 23 0 0 0 2.
SO, UH, YES, MR. AVILA, IF YOU COULD COME UP TO THE, THE PODIUM OR THE DI OR THE YES.
PODIUM AND STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE, OKAY.
SO I'M GONNA GIVE YOU A COUPLE OPTIONS HERE.
UH, I THINK EVERYBODY'S PRETTY MUCH ON THE SAME PAGE, JUST LOOKING AT FACES.
UH, YOU CAN GIVE YOUR PRESENTATION.
YOU ARE OF COURSE WELCOME TO DO SO, BUT IF YOU WOULD LIKE TO SKIP THAT PART OF IT, I THINK THERE'S A MOTION READY TO BE MADE ALREADY.
MY NAME IS HECTOR AVILA, REPRESENTING THE OWNER.
AND, UH, WE'RE JUST ASKING FOR NINE INCHES ON A INCHES ON A, ON A LITTLE TRIANGLE.
PART OF THE HOUSE THAT GOT BUILT 1965, WE RECEIVED EMAILS FROM CONCERNED PEOPLE, BUT THEY WERE TALKING ABOUT THE DERE RESTRICTIONS THAT YOU CAN ONLY HAVE ONE HOUSE PER LOT.
BUT WHAT I'M DOING IS WE'RE PROPOSING A SUBDIVISION AFTER WE GET THE VARIANCE, CUZ WE DON'T GET THE VARIANCE.
WHY DO A SUBDIVISION AND, UM, EVERYTHING THEY WERE CONCERNED ABOUT, WE CAN MEET CUZ THEY WERE SAYING ABOUT A HUNDRED FEET FURNISHED FOR WHERE THE HOUSE IS.
WE DID AN ANGLE, SO WE'RE GETTING A HUNDRED FEET OF FURNISH.
AND THEN THEY WERE SAYING THAT HE CAN ONLY HAVE ONE HOUSE PER LOT AND WITH THE NEW LOT WE DON'T, WE JUST HAVE ONE HOUSE PER LOT.
AND THAT WAS THEIR MAIN CONCERN THAT THEY HIGHLIGHTED ON THAT DERE RESTRICTION WHEN THEY SENT IT TO US.
IS THERE ANY OPPOSITION? SEEING NONE.
LETS GO AHEAD AND CLOSE TO THE, TO THE HOUSE.
DID SHE SPEAKING IN FAVOR OR AGAINST? SHE JUST CAME TO US.
UH, FOR THOSE OF YOU, UH, VIRTUAL, THERE ARE TWO LOVELY, ADORABLE SMALL CHILDREN WHO ARE GONNA BE BORED OUT OF THEIR MIND.
LET'S CLOSE THE PUBLIC HEARING, YOUR HONOR.
I BETCHA HE WANTS TO TALK IN THE MICROPHONE.
HE'S LOOKING LIKE IT TOO, DOESN'T HE? SO, UH, I BELIEVE, UH, I SAW A LOOK THAT SOMEONE MIGHT WANT TO MAKE A MOTION ON THIS CASE.
UH, RICK HAS A QUESTION, BUT I'LL MAKE A MOTION TO APPROVE.
YEAH, JUST QUICKLY, CAN WE, UM, ATTACH TO THE MOTION THAT IT'S ONLY FOR THAT ONE CORNER OF THE HOUSE? NOT FOR THE ENTIRE LOT.
ALRIGHT, WELL, I MEAN, OR LOTS.
YOU'LL, YOU'LL, WHEN YOU MAKE THE MOTION, TUCK IT ON THERE.
SO DO YOU HAVE A MOTION BOARD MEMBER BY NORMAN? YES.
SO WE HAVE A MOTION TO APPROVE, UH, WITH THE RESTRICTION THAT IT'S, UH, ONLY FOR THAT LOT.
ONLY FOR THAT CORNER OF THE LOT.
ONLY THE PART OF THE HOUSE THAT IS CURRENTLY EN ENCROACHING HOUSE.
ONLY THE COR THE PART OF THE HOUSE THAT'S CURRENTLY ENCLOSED ONLY FOR THAT CORNER OF THE LOT.
AND IT'S SECONDED BY VICE CHAIR HAWTHORNE.
QUESTIONS? ANYONE BEFORE WE TAKE THE VOTE? WE GOT DO FINDINGS.
REASONABLE USE THE ZONING REGULATION.
DARRY, DID YOU HAVE YOUR HAND UP? I DID.
UM, LOOKING AT THIS, UH, FLAT OR SURVEY MAP WE HAVE HERE, UM, ARE WE, WE'RE ONLY TALKING ABOUT THAT, UH, SOUTHWEST CORNER BECAUSE THE NORTHWEST CORNER IS ALSO WITHIN 25 FEET.
UH, YEAH, THE, THE, JUST THE ONE CORNER.
CAN WE BE MORE SPECIFIC? WE NEED TO PUT THIS IN THE NOTES WHEN THAT THEY, THAT THEY, THAT THEY CAN HAVE A SETBACK.
WHAT THEY'RE ASKING FOR FROM BELL AVENUE WOULD PROBABLY BE THE EASIEST AND MOST CLEAR WAY TO DO THAT ON THE SOUTHWEST CORNER
[00:10:01]
OR, YEAH.THEY ALSO HAVE IT MARKED ON YEAH, I WAS GONNA SAY WE CAN CITE THAT PAGE AND I WAS CALLING IT UP RIGHT NOW.
WHERE PAGE, PULLING UP THAT PAGE.
YEAH, I JU I HIGHLIGHTED THE TINY LITTLE CORNER.
AND THAT'S ALL WE'RE ASKING FOR.
TIED TO PAGE FOUR AS DRAWN SOUTHWEST CORNER.
OH, IT'S ON ITEM ITEM FOUR, PAGE EIGHT.
WHICH IS THE SOUTH SOUTHWEST CORNER.
OH, IT'S REALLY KIND OF SOUTH.
YOUR SURVEY SAYS, I'LL JUST CALL THE PAGE INTO THE RECORD.
IT MIGHT BE THE SOUTHEAST CORNER.
REASONABLE USE IS ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR A REASONABLE USE BECAUSE THE CODE READS FRONT SETBACK NEEDS TO BE 25 FOOT.
AND AS IS THE HOME PRESENT ON THE PROPERTY.
SINCE 1965 AT 24 3 HARDSHIP, THE HARDSHIP FOR WHICH VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT THIS HOUSE IS BUILT ON AN ANGLE WITH A VERY SMALL CORNER OF THE HOME, BUILT IN, IN 25 FOOT SETBACK, IT INTRUDES NINE INCHES INTO THE SETBACK BUILT IN 1965 ON THE CORNER LOT.
THEY'RE ALSO THE VERY LARGE STREET PRESENCE IN THE AREA.
UH, THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE 57 YEARS AGO, THIS HOME WAS BUILT AND HAS BEEN EXISTING THE SAME WAY FOR 57 YEARS.
AREA CHARACTER, THE VARI 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 REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED, BECAUSE AGAIN, THIS HOUSE HAS BEEN IN THE SAME PLACE FOR 57 YEARS AND IT'S NOT GONNA BE MOVED IN THE FUTURE.
AND I DO WANT TO REFERENCE PAGE FOUR OF EIGHT TO DESIGNATE THE CORONER IN QUESTION.
DID YOU DO AREA OF CHARACTER? YES, I DID.
SO CAUSE THE HOUSE'S BEEN SEVEN YEARS.
WAIT, THAT'S GOOD ENOUGH FOR ME.
SO AGAIN, THIS IS A MOTION TO APPROVE, UH, TIED TO PAGE FOUR OF EIGHT IN THE BACKUP, UH, AS DRAWN, UH, MADE BY BOARD MEMBER VON O SECONDED BY BOARD MEMBER HAWTHORN.
THANK YOU SO MUCH FOR YOUR TIME.
[3. C15-2023-0001 David Webber for Gale Giger 906 Ebony Street]
THREE C 15 20 23 0 0 0 1.DAVID WEBER FOR GAIL GEIGER, 9 0 6 EBONY STREET.
LET'S GET YOUR PRESENTATION PULLED UP.
AND, UM, IT'S A COMPLICATED CASE, SO I APOLOGIZE IN ADVANCE FOR HAVING TO READ MY NOTES.
JUST GIVE US ONE SECOND ONCE WE'VE GOT THAT PULLED UP.
[00:15:52]
OKAY.STATE YOUR NAME FOR THE RECORD, PLEASE AND YOU'LL HAVE FIVE MINUTES.
I'M DAVID WEBER FROM WEBER STUDIO ARCHITECTS REPRESENTING GAIL GEIGER, THE OWNER OF 9 0 6 70 EAST STREET.
UM, YOU, AND IF YOU WANNA CHANGE SLIDES JUST TO TELL HIM NEXT SLIDE.
OKAY, I'LL, I'LL, I'LL DO THAT.
I, I THINK OUR CASE, UH, IS FAIRLY COMPLICATED AND I'VE TRIED TO PUT IT IN AS CLEAR AN EXPLANATION AS I COULD.
SO I'M GONNA, AS I SAID, I'M GONNA READ, PLEASE ACCEPT MY APOLOGIES FOR, UH, READING.
SO FIRST OF ALL, WHAT WE'RE TRYING TO DO TODAY IS WE'RE TRYING TO ADDRESS, UH, WHAT IS A SEEMING, UH, INEQUITY ASSOCIATED WITH THE BASEMENT EXEMPTION.
AND THE FIRST, THE AT GRADE ATTACHED GARAGE EXEMPTION FOR SITE, UH, FOR THIS SITE, WHICH HAS A STEEP SLOPE FROM THE STREET BACK TO THE BACK.
UM, AND THE INEQUITY, THE SEEMING INEQUITY COMES FROM THE FACT THAT THE SITE IS SLOPED FROM THE STREET TO THE BACK OF THE LOT VERSUS FROM THE STREET DOWN TO THE BACK OF THE LOT.
UM, UH, SO IN IN PARTICULAR, IN OUR CASE, WE'RE WANTING TO ADD A BASEMENT.
UM, THE PORTION OF THE BASEMENT CONTEMPLATED TO BE UNDER THE EXISTING FOOTPRINT IS ACTUALLY IN COMPLIANCE PER SUB-CHAPTER F.
SO THAT'S NOT ACTUALLY OUR CONCERN.
THE BIGGER CONCERN IS THE USE OF THAT, REGARDLESS OF HOW WE WOULD LIKE TO USE IT.
UM, IN ALL CASES WE WOULD NEED TO CONTINUE TO BE, WE WOULD CONTINUE TO REQUIRE, UH, WE, WE'D BE REQUIRED TO MAINTAIN THE GARAGE THAT YOU SEE HERE IN THE SLIDE IN ITS CURRENT LOCATION, WHICH IS UP A STEEP SLOPE FROM THE STREET, UH, WHICH IS A POINT OF SIGNIFICANT CONCERN FOR OUR OWNERS AND ACTUALLY A NEIGHBOR WHO WROTE A LETTER, LETTER IN FAVOR OF WHAT WE'RE PROPOSING IN THE VARIANCE.
UM, AND, BUT THAT IS THE ONLY WAY WE'D BE ABLE TO USE, MAKE USE OF THE EXEMPTION FOR AN ATTACHED GARAGE THAT IS, UH, THE EXEMPTION THAT WE WE CURRENTLY USE THAT ALLOWS US TO STAY AT OUR FLOOR AREA RATIO LIMIT.
CURRENTLY, IF WE WERE GONNA PUT THE GARAGE UNDERNEATH, WHICH IS WHAT OUR INTENTION IS, UM, IT WOULD ACTUALLY CAUSE THAT GARAGE THAT WE WOULD LIKE TO ENCLOSE THAT YOU SEE IN THE SLIDE, IF THAT WOULD CAUSE OUR FLOOR AIR RATIO TO GO ABOVE WHAT'S ALLOWABLE.
UH, EVEN THOUGH OUR MASSING WOULD BE EXACTLY IDENTICAL TO WHAT YOU'RE SEEING HERE, UM, THERE'S NOT, FROM WHAT I'M AWARE OF, ANY EXEMPTION IN SUBCHAPTER F THAT ALLOWS AN AT GRADE GARAGE EXEMPTION AND IT'S ASSOCIATED MASSING OR FLOOR AREA RATIO.
UM, WHEN ONE CAN SUCCESSFULLY PUT A BASEMENT, UH, CONFIGURATION SUCH AS THE ONE WE ARE INTENDING TO DO, AND AS A CONSEQUENCE, IT MEANS THAT, UH, WE ARE REWARDED MORE FOR HAVING THE GARAGE IN ITS CURRENT CONFIGURATION THAN WHAT WE WOULD PREFER, WHICH IS TO CONVERT THAT GARAGE THAT YOU SEE INTO A ROOM AND HAVE OUR ACTUAL GARAGE BELOW GRADE IN A BASEMENT.
UH, AS A CONSEQUENCE OF THIS SEEMING, UH, PREFERENCE IN SUBCHAPTER F TO HAVE THE GARAGE UP AT THAT ELEVATED PLATE, UH, UH, ELEVATED LOCATION, IT ACTUALLY PUTS US, UM, WE BELIEVE THAT'S NOT IDEAL OR IT'S THE INTENDED CONSEQUENCE OF SUBCHAPTER F AND HENCE OUR REQUEST FOR THE VARIANCE TO CONVERT THAT SPACE TO A ROOM AND HAVE THE, THE, THE FULL SPACE OF THE BASEMENT, WHICH IS NOT GONNA COUNT TOWARDS F A R USED AS THE GARAGE.
IT'S A LITTLE BIT OF A COMPLICATED CASE.
THE BOTTOM LINE IS WE'RE ALMOST OBLIGATED TO KEEP THAT AS A GARAGE, UM, BECAUSE THAT'S THE EXEMPTION THAT ALLOWS US TO BE AT OUR FLOOR AIR RATIO.
IN ADDITION TO THAT EXEMPTION, UH, OR IN ADDITION TO THAT VARIANCE, WE ACTUALLY ARE ASKING FOR ADDITIONAL SQUARE FOOTAGE OUT BEYOND THE FOOTPRINT OF THE EXISTING GARAGE FOR THE BASEMENT, UM, TO ALLOW TWO CARS TO BE OFF STREET PARKED IN THE GARAGE, BUT ALSO TO ENABLE UP TO
[00:20:01]
A THIRD PAR OFF STREETE PARKING AS OUR CLIENTS ANTICIPATE, UH, STARTING A FAMILY HERE.AND AT SOME POINT THERE MIGHT BE A NEED FOR A THIRD CAR.
THIS IS OUR WAY OF BOTH ACCOMMODATING THE REQUIRED OFF STREETE PARKING AND ACTUALLY MORE OFF STREETE PARKING.
ULTIMATELY, IF WE CAN MAKE THE SPACE FOR THE TWO CARS IN THE G IN THE GARAGE IN THE BASEMENT, THAT WOULD ENABLE THE DRIVEWAY TO BE THAT THIRD CAR, THIRD OFF-STREET PARKING SPACE.
NOW, TYPICALLY, UH, FOR HAVING THE, A ADDITIONAL GARAGE SPACE WOULD PUT US OUT OF COMPLIANCE AGAIN, HENCE THE REQUEST FOR THE VARIANCE FOR THAT AS WELL.
TO HAVE A BASEMENT EXEMPT FROM, UH, FLOOR AREA RATIO CALCULATIONS, IT WOULD HAVE TO BE UNDERNEATH ADDITIONAL SPACE.
BUT THE REALITY IS WE DON'T NEED ADDITIONAL SPACE MORE THAN THE ONE CAR GARAGE THAT YOU SEE IN THE, THE IMAGE THERE.
HENCE OUR REQUEST FOR JUST THE BASEMENT TO EXTEND PAST THE FOOTPRINT OF THE HOUSE ABOVE, WHICH WOULD BE A GREEN ROOF, A LAWN, UH, UP TO THE RIGHT OF THE DRIVEWAY THAT YOU SEE THERE.
I PROMISE, PROMISE
UH, WE HAVE ADDITIONAL SQUARE FOOTAGE THAT WE ARE TRYING TO CAPTURE BY EXPANDING AN EXISTING ATTIC EXEMPTION INTO A FULL-BLOWN, UH, UH, INTO AN 80 SQUARE FOOT EDITION.
WE HAVE AN ADDITIONAL, UH, SQUARE FOOTAGE THAT'S ALREADY BEEN CALCULATED AS PART OF THAT FLOOR AREA.
SORRY, I GOTTA CUT YOU OFF THERE.
IS THERE ANY OPPOSITION? SEEING NONE.
LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.
IS THERE ANYBODY ON THE PHONE? OPPOSITE.
LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND MOVE INTO QUESTIONS.
I NEEDED MORE DETAILS ABOUT THIS CASE CUZ I WAS CONFUSED.
UM, THIS LOT IS 5,171 SQUARE FEET, SO IT'S A SUBSTANDARD LOT ZONED SF THREE.
AND I DON'T, I CAN'T FIND ANY VARIANCE THAT WAS GIVEN TO IT FOR THE HOUSE TO BE BUILT.
IS IT HISTORICAL? SO I NEED TO KNOW ABOUT THAT BECAUSE IT WAS JUST BUILT IN 2019 20 AND I WANNA FIND OUT HOW IT WAS APPROVED.
AND THE SECOND THING I NOTICED, I LOOKED AT THE BUILDING PERMIT AND THE BUILDING PERMIT THAT THEY ASKED FOR SAID THAT THE ACTUAL HOUSE RIGHT NOW HAS 2,720 SQUARE FEET AND THAT THAT LITTLE OFFICE HAS 392 SQUARE FEET.
BUT, UM, TAX RECORDS SAYS IT'S ONLY 1843RD SQUARE FEET.
SO I WONDER IF THAT 877 SQUARE SQUARE FOOT DIFFERENCE IS JUST EXEMPTIONS YOU GOT IN THE CODE.
SO I WONDERED, YOU EDIT UP ALL THE EXEMPTIONS YOU ALREADY HAVE IN YOUR PROPOSED SQUARE FEET, WHAT THAT SQUARE FOOTAGE WILL BE AND WHAT THE F A R YOU'RE REALLY REQUESTING IS.
CAN CAN YOU ASK THE THAT'S A QUESTION FOR ME.
CAN YOU ASK THE QUESTION ONE MORE TIME? I CAN, I CAN TELL YOU GENERALLY NOW, THE ONE THING I WILL, YOU KNOW, I DO A LOT OF PROJECTS IN AUSTIN MM-HMM.
HOWEVER, THE, BECAUSE IT'S A SUBSTANDARD LOT, THIS SITE WAS ABLE TO HAVE THE MINIMUM OR THE MAXIMUM SQUARE FOOTAGE OF 2300.
WHICH IS ABOVE THE, THE 0.4 F A A R ALREADY.
SO THEY ARE ALREADY AT THAT 2300 SQUARE FEET OF USABLE SPACE.
SO NOTWITHSTANDING WHAT MIGHT HAVE BEEN WRITTEN IN THE ORIGINAL, UH, A APPLICATION BUILDING APPLICATION, WE'VE ACTUALLY RUN THE NUMBERS MULTIPLE TIMES AND THEY ARE RIGHT AT THE 2300 SQUARE FOOT LIMIT.
THE REST OF THE COVERED SPACE IS DUE TO EXEMPTIONS THAT ARE ALLOWABLE PER SUBCHAPTER F SO FOR EXAMPLE, THE AT GRADE ATTACHED GARAGES, ONE OF THE EXEMPTIONS, UH, OUTDOOR COVERED PORCH SPACES, THERE'S NOT A LIMIT TO THAT.
UH, OR THERE IS A LIMIT TO THAT AS LONG AS YOU, UH, IF A CAR CAN REACH IT, IF A CAR CANNOT ATTACH TO IT OR CAN'T DRIVE UP ONTO IT, THERE'S, UH, LESS OF A LIMIT.
WE'VE GOT A SECOND FLOOR COVERED PORCH THAT IS ACTUALLY ALREADY CALCULATED INTO THE 2300 SQUARE FEET THAT WE'RE TRYING TO ACTUALLY ENCLOSE AT THIS POINT, WHICH IS WHAT SUBJECT OR F HAD ORIGINALLY CONTEMPLATED WHEN IT CREATED THAT REQUIREMENT FOR COUNTING THAT SQUARE FOOTAGE.
SO THE NEW SQUARE FOOTAGE WE ARE REQUESTING TODAY IS IT'S 550 SQUARE FEET, 200 SQUARE FEET OF THE GARAGE THAT'S CURRENTLY GARAGE TODAY THAT WE WOULD CONVERT TO LIVING SPACE AN ADDITIONAL 140 SQUARE
[00:25:01]
FEET OR 130 SQUARE FEET OF ADDITIONAL GARAGE IN THE BASEMENT, BECAUSE THAT WOULD BE COUNTED OUTSIDE OUR NORMAL F A R AND THEN 139 SQUARE FEET OF AN EXISTING FIRST FLOOR PORCH THAT'S IN THE BACK CORNER OF THE HOUSE.AND THEN, LIKE I SAID, WE HAVE AN ATTIC EXEMPTION SPACE THAT WE WOULD LIKE TO JUST MAKE A LITTLE BIT TALLER.
UM, AND THAT WOULD BE ACTUALLY THE ONLY MODIFICATION TO THE BUILDING ENVELOPE.
AND THAT WOULD BE AN INCREASE OF ABOUT 80 SQUARE FEET.
40 SQUARE FEET IS ALREADY COVERED UNDER THE ATTIC EXEMPTION.
SO IT'S REALLY ADDING 40 SQUARE FEET OF ADDITIONAL SPACE FOR OUR CLIENTS' USE.
SO WHEN YOU ADD THOSE TOGETHER, THE 200 PLUS ONE 30 PLUS ONE 40 PLUS 80, IT'S 550 SQUARE FEET.
DID THAT ANSWER YOUR QUESTION? BOARD MEMBER MACARTHUR? UH, NOT ENTIRELY BECAUSE, UM, I'M, I'M, I'M ASSUMING THEN PERHAPS THE BUILDING PERMIT IS WRONG.
I'M CONFUSED WITH 500 SOMETHING MORE SQUARE FEET THAT'S PUTTING THE HOUSE AT LIKE 3,700 SQUARE FEET.
DO YOU KNOW WHAT THE F A R IS? UH, THE, WHAT YOU'RE PROPOSING? THE NET F A R IS WOULD BE 28 50.
IF WE GO BASED ON THE CALCULATIONS AS SUBCHAPTER F DEFINES F A R, WE, WE DIDN'T INCLUDE THE SQUARE FOOTAGES OF THE EXCEPTIONS BECAUSE THEY'RE EXCEPTIONS AND THEY DON'T COUNT TOWARDS THE F A R.
SO IT WOULD BE THE 2300 SQUARE FEET THAT'S THE EXISTING PLUS THE 550 SQUARE FEET WE'RE PROPOSING.
I AM GONNA MOVE ON TO BOARD MEMBER BAILEY.
UM, BECAUSE YOU'RE ASKING FOR OVER 3000 SQUARE FEET.
SO THAT DOESN'T MATCH UP EITHER.
AND I JUST, UM, I JUST DON'T NEED TO MAKE A COMMENT.
UM, I DIDN'T SEE ANY HARDSHIP.
YOU DIDN'T REALLY GIVE ANY LEGAL HARDSHIP.
WE HAVE TO FIND A LEGAL HARDSHIP WHEN WE MAKE THESE DECISIONS.
YOU TALKED ABOUT CLIMATE CHANGE, YET YOU'RE ASKED, YOU KNOW, ADDING 700 SQUARE FEET, WHICH KIND OF GOES AGAINST THAT IN THREE CARS INSTEAD OF ONE.
BUT, UM, BUT EVEN THAT IS NOT WHAT WE CAN CONSIDER AS A HARDSHIP.
THOSE ARE OUTLINED BY LEGAL RECOMMENDATION OR LEGAL BOUNDARIES THAT WE HAVE TO GO BY.
AND I DID NOT SEE ANYTHING IN YOUR BACKUP THAT GAVE ME A HARDSHIP THAT I CAN, I CAN, UM, SUPPORT THIS WITH.
AND THAT'S WHAT I HAVE TO GO BY.
WHAT'S THERE IS CODE AND WHETHER, YOU KNOW, WE LIKE CODE OR DON'T LIKE CODE IS IRRELEVANT.
IT, WE HAVE TO FOLLOW CODE AND WE ALSO HAVE TO FOLLOW, UM, FIND, YOU KNOW, OUR FINDINGS, WHICH REQUIRES US TO FIND SPECIFIC HARDSHIPS.
AND I HAVE NOT SEEN ANY OF THOSE IN YOUR BACKUP OR IN YOUR PRESENTATION.
SO I'M, I'M HAVING A VERY HARD TIME WITH THIS AND I HAVE SOMEBODY ELSE CAN HELP ME OUT OR NOT.
UM, THAT'S JUST MY COMMENTS QUESTION.
A QUESTION BOARD MEMBER BLOOM.
UM, I'M THINKING THAT HE WAS POSSIBLY SAYING THAT THE HARDSHIP WAS ABOUT THE SLOPE BEING IN THE WRONG DIRECTION, BUT THAT DOESN'T PROVIDE ANY SORT OF HARDSHIP.
I, AND I DON'T ACTUALLY ACCEPT IT, BUT EVEN IF I DID, THAT DOESN'T REALLY EXPLAIN OR JUSTIFY IN CLOSING THE SPACES THAT ARE CURRENTLY UNENCLOSED.
UM, WHAT I WOULD REALLY LIKE TO SEE, BECAUSE I AGREE THIS IS A COMPLICATED CASE, IS VERY CLEARLY STATED WHAT THE F A R IS NOW WHAT'S ASSOCIATED WITH THE PROPOSAL.
YOU KNOW, AND YOU CAN TAKE THE EXCEPTIONS, YOU KNOW, FOR LIKE IN THE ATTIC OR WHATEVER, BUT RIGHT NOW IT'S LIKE THE TERMINOLOGY THAT I SEE IN THE BACKUP IS ALL THIS IS COVERED, THIS, YOU KNOW, PERCENT COVERAGE.
THAT TO ME IS NOT NECESSARILY A FLOOR AREA RATIO FROM WHAT I'VE BEEN ABLE TO PUT TOGETHER.
YOU'RE ALREADY OVER THE FLOOR AREA RATIO.
YOU'RE GOING TO BE INCREASING WHAT YOU'RE OVERING OVER WHAT YOU'RE OVERAGE OF THE FLU RATIO JUST BY ENCLOSING AREAS THAT ARE CURRENTLY NOT, UM, ENCLOSED WITHOUT EVEN GETTING TO THE ISSUE OF, OF THE GARAGE.
UM, SO I DON'T KNOW IF THAT HELPS, BUT, UM, SORRY.
BUT YEAH, TO ME THERE'S A LOT OF LACK OF CLARITY IN, IN WHAT THE JUSTIFICATION IS FOR THE THINGS THAT ARE BEING ASKED AND WHAT EXACTLY IS BEING ASKED FOR.
BOARD MEMBER MACARTHUR, I DID CALCULATE THAT THIS IS A 30% INCREASE, WHICH IS SUBSTANTIAL.
IT'S NOT LIKE A FEW INCHES OR ANYTHING.
THIS IS A VERY, VERY SUBSTANTIAL INCREASE.
AND I TOO, UM, THE HOUSE MIGHT BECOME MORE DESIRABLE TO THE OCCUPANTS, BUT I DON'T SEE THE HARDSHIP EITHER NOW.
[00:30:01]
I THINK, YOU KNOW, THE BOARD COULD RECONSIDER IF YOU PRESENT, UM, A HARDSHIP.UH, ONLY IF THEY HAVE QUESTIONS FOR YOU.
SO, SO IN THE BACKUP, THERE'S ACTUALLY A LETTER FROM THE BOLAND CREEK NEIGHBORHOOD ASSOCIATION THAT ACTUALLY LISTS OUT HOW MUCH F A R IS ACTUALLY, IT ACTUALLY HAS THE MATH IN IT.
UM, BECAUSE IT WAS A SUBSTANDARD THOUGHT AND IT WAS ALREADY GIVEN A MAXIMUM OF MORE THAN 0.4 F A R.
UM, THERE'S NOT A LOT HERE THAT MAKES THIS ATTRACTIVE.
JUST GOING TO STATE THAT BACK.
SO YOU'RE REALLY GONNA HAVE TO LOOK FOR SOME HARDSHIP.
I'M GONNA MAKE A MOTION FOR A POSTPONEMENT AND GIVE YOU AN OPPORTUNITY TO TRY TO DO THAT BECAUSE THIS WAS A SUBSTANDARD LOT AND WAS ABLE, LIKE NORMALLY WHEN WE LOOK AT VARIANCE CASES HERE, WE WOULD, IF IT WAS A SUBSTANDARD LOT, WE WOULD LINK IT TO THE 0.4, NOT TO THE 2300.
SO FROM THAT VIEWPOINT, YOU'RE ALREADY THERE, UH, YOU ALREADY GOT MORE THAN MOST PEOPLE, SO YOUR HARDSHIPS ARE GONNA HAVE TO BE REALLY GOOD.
AND, AND I MEAN, THE, THE HOUSE WAS JUST BUILT.
THIS ISN'T LIKE YOU'RE TAKING A, YOU KNOW, AN EXISTING CUTE LITTLE BUNGALOW.
THIS HA THIS IS A BRAND NEW HOUSE AND IT'S ALREADY THREADED THE NEEDLE.
GOTTEN EVERY EXEMPTION KNOWN TO MANKIND.
I MEAN, WHETHER IT SLOPES THIS WAY OR THAT WAY, I MEAN, YOU KIND OF KNOW WHAT YOU BOUGHT WHEN YOU BOUGHT IT.
SO I JUST WANTED TO SAY IT ALL OUT LOUD AND I'M SURE DARRELL HAS SOMETHING TO SAY, BUT YOU NEVER KNOW.
WELL, I, I ECHO MELISSA'S CONCERNS AND HER ISSUES.
ONE OF THE OTHER ISSUES I HAVE, UM, IS THAT CURRENTLY RIGHT NOW, IF THE MATH IS COMING OUT CORRECTLY, AND I HAVE ALL THE FAITH IN THE WORLD IN BOTH KELLY AND BARBARA, IF, IF IT IS THEN IT'S CURRENTLY TECHNICALLY AN EXISTING NON-COMPLIANCE STRUCTURE BEING OVER THE ALLOWABLE MAXIMUM FAAR RIGHT NOW, CURRENTLY AS A SETS.
AND ONE OF THE THINGS IS WE, WE HISTORICALLY HAVE NOT, AND I DON'T BELIEVE IT, WE CAN EVEN PASS A REQUEST TO INCREASE NON-COMPLIANCE OKAY.
AND NON-COMPLIANCE, THE ISSUE.
AND SO I'M GONNA SECOND THE MOTION TO, UH, TO POSTPONE TO GIVE YOU AN OPPORTUNITY TO GO BACK AND TAKE A LOOK AT THIS.
UH, YOU MAY WANT TO GET TOGETHER WITH STAFF AS WELL TO SEE WHAT THEY CAN, MIGHT BE ABLE TO HELP YOU WITH.
UH, I, I DO FEEL LIKE YOU SORT OF HAVE A QUASI HARDSHIP WITH YOUR, WITH THE TOPOGRAPHY, BUT, UM, I, I STILL HAVE SOME CONCERNS ALSO.
AND I THINK THERE'S GONNA BE A LOT MORE INFORMATION IT'S GONNA BE NEEDED FOR EVERYBODY BEFORE THE I AND AS I COUNT RIGHT NOW, YOU, YOU REALLY, I'D PREFER YOU TO GIVE AN OPPORTUNITY TO POSTPONE IT.
GO FIGURE SOMETHING OUT AND BRING US BACK MORE INFORMATION AND LISTEN TO WHAT THE, THE, UH, THE MEMBERS HAVE TO SAY BECAUSE THOSE ARE THE ONES YOU HAVE TO CON CONVINCE.
BOARD MEMBER BAILEY, IF WE'RE GOING TO POSTPONE THIS, AND I GET IT, BUT THEY WOULD'VE TO DO A MASSIVE REDESIGN OF WHAT THEY WANT TO DO.
AND IT SEEMS TO ME THAT THIS APPLICANT WANTS A VERY SPECIFIC DESIGN.
UM, AND I CAN TELL I FROM, FOR ME, IT WOULD HA I DON'T KNOW WHAT YOU COULD DO BECAUSE I THINK YOU'RE ALREADY MAXED OUT.
UM, SO I'M NOT REALLY SURE THAT, THAT YOU'D HAVE TO DO SOMETHING REALLY DIFFERENT FOR ME TO SUPPORT IT.
UM, SO I'M NOT GONNA REALLY THAT MUCH FOR THE POSTPONEMENT, BUT I'LL GO ALONG WITH IT.
THAT WAS ALL ALMOST A SUBSTITUTE MOTION THERE.
UH, BOARD MEMBER RODRIGUEZ, DO I SEE YOUR HAND GO UP? NOPE.
I AM ALSO INCLINED NOT TO SUPPORT THIS AT THIS TIME.
I'M NOT SEEING A REAL HARDSHIP.
UH, IF THE HOUSE WASN'T SO NEW, JUST A COUPLE OF YEARS OLD, I MIGHT FEEL DIFFERENTLY.
THIS SEEMS TO ME LIKE AN ASKING OF, OH, WE BOUGHT THIS, OR MAYBE WE BUILT THIS AND THEN CHANGED OUR MIND.
AND THAT'S NOT REALLY THE KIND OF THING WE'RE SUPPOSED TO SUPPORT.
[00:35:05]
IT SEEMS LIKE MAYBE I COULD, I COULD GET ON BOARD WITH THE TOPOGRAPHY HARDSHIP, BUT YOU WOULD HAVE TO PRESENT IT MUCH BETTER.I'M HONESTLY DEBATING WHETHER OR NOT WE SHOULD DO A MOTION TO DENY THIS.
AND IF I DON'T HAVE A SECOND, THEN MAYBE IT WON'T WORK.
BUT ACTUALLY I THINK I'M GONNA GO AHEAD AND MAKE A SUBSTITUTE MOTION TO DENY.
ANY OTHER QUESTIONS? SO IF WE DENY IT, I JUST WANT TO, SO IF WE DENY IF WE, IF WE HAVE A VOTE AND IT GETS DENIED, YOU HAVE 10, IS IT 10 DAYS? 10 DAYS FOR A RECONSIDERATION FOR TO FILE FOR RE RECONSIDERATION AND YOU WOULD HAVE TO HAVE ADDITIONAL INFORMATION, NEW INFORMATION, OR YOU WOULD HAVE TO PROVE THAT THE BOARD AIRED, WHICH, YOU KNOW, WE LOVE THAT.
RIGHT? BUT I, I'M JUST TELLING YOU RIGHT NOW.
SO IF THIS IS A SUBSTITUTE MOTION THAT GOT MADE, I MADE THE POSTPONEMENT POSTPONEMENT BROOK SAID SHE COULD POSTPONE, BUT SHE WASN'T THRILLED.
SO WE'RE GONNA VOTE ON THIS MOTION FIRST.
I'M JUST EXPLAINING SO THAT YOU UNDERSTAND.
SO YOU, SO THE CLOCK STARTS, IF THIS MOTION PASSES, IF THIS MOTION DOESN'T PASS, THEN IT GOES BACK TO THE, THE FIRST MOTION TO VOTING ON THE POSTPONEMENT, WHICH IS, AND THEN IT MAY NOT PASS.
IT SEEMS LIKE A LOT OF PEOPLE WANNA POSTPONE.
BUT THE WAY IT'S CURRENTLY WRITTEN, I'M JUST TRYING TO EXPLAIN IT.
THANK SOMETIMES EVERYTHING MOVES SO FAST AND YOU'RE JUST KIND OF LIKE, THANK YOU.
SO WE HAVE A MOTION TO DENY MADE BY BOARD MEMBER COHEN, SECONDED BY BOARD MEMBER.
PUT, LET'S GO AHEAD AND CALL THE VOTE.
NOT THAT I DON'T AGREE WITH YOU, BUT I I'D LIKE TO GIVE HIM A CHANCE.
IT'S GONNA BE, YOU'RE GONNA BE PUSHING A ROCK UP A HILL.
I'M GONNA, I'M GONNA GO AHEAD AND SAY NO TO GIVE YOU AN OPPORTUNITY TO DO IT.
YOU'RE TRYING TO PUSH A CAMEL THROUGH, THROUGH THE EYE OF A NEEDLE HERE, OKAY? SO, OKAY, I APPRECIATE IT.
SO YOU HAVE TO HAVE NINE AND 11 TO GET A VARIANCE.
SO ON THE DENIAL, IF YOU DO THE MATH, THAT THAT WAS MORE THAN TWO FOR, FOR WHO? THIS, THIS REQUIRES A SUPER MAJORITY TO PASS, WHICH IS NINE VOTES OUT OF 11.
SO IF YOU DO WANT TO CONSIDER RECONSIDERATION, THINK ABOUT EVERYTHING YOU HEARD HERE.
GO BACK, WATCH THE VIDEO ONLINE, YOU CAN GO TO AUSTIN TEXAS.GOV/BOA.
YOU CAN TALK TO ELAINE TOMORROW AND SHE CAN HELP YOU OUT.
BUT AS FOR NOW, YOUR VARIANCE IS DENIED.
[5. Discussion of the December 12, 2022 BOA activity report ]
DISCUSSION ITEM NUMBER FIVE.THIS IS DISCUSSION OF THE DECEMBER 12TH, 2022 BOA ACTIVITY REPORT.
QUESTIONS, COMMENTS, APPLAUSE FOR OUR LEVEL.
[6. Discussion of the Board Members term-expirations]
OKAY, UH, ITEM SIX.THERE WAS SOME DISCUSSION LAST TIME, BRIEF DISCUSSION OR QUESTIONS FOR NEW BUSINESS ON, UH, BOARD MEMBER TERM EXPIRATIONS.
UH, OUR LOVELY, UH, APPOINTED ATTORNEY FOR THE BOARD, MS. ERIC LOPEZ SENT AN EMAIL OUT TO EVERYONE EARLIER, OR I THINK SENT IT TO ELAINE WHO SENT IT ALL TO US AND HOPEFULLY EVERYBODY GOT A CHANCE TO READ THAT.
BUT LET'S GO AHEAD AND OPEN THAT UP FOR DISCUSSION.
I'M SURE THERE ARE STILL QUESTIONS.
I GOT THE LAST EMAIL THAT TRIED TO ANSWER THE OTHER TWO QUESTIONS, EXCEPT THAT IT WAS PRETTY AMBIGUOUS WHEN IT SAID, UM, WHEN I WAS ASKING ABOUT, BECAUSE WHEN I WAS OFF THE BOARD, THE MAYOR, UM, I WAS OFF THE BOARD BECAUSE THE MAYOR REQUESTED IT, BUT THEN KATHY TOBO PUT ME BACK ON THE BOARD LIKE FOUR TO SIX MONTHS LATER.
SO I DID NOT SERVE CONCURRENTLY,
[00:40:03]
UH, BOARD.BAILEY, I WILL, UH, CORRESPOND WITH YOU IN A SEPARATE EMAIL.
I MEAN, I, I HAVEN'T REAPPLIED TO BE HONEST.
I WAS JUST CURIOUS BECAUSE, YOU KNOW, SO YES, IF I, IF I COULD HEAR FROM YOU, I'D APPRECIATE IT.
UH, JUST WHY, IN CASE YOU MISSED THE EMAIL GUYS, IT'S EIGHT YEARS REGARDLESS OF WHO APPOINTED YOU.
UH, AND IT'S A CONSECUTIVE, OR WHAT IS IT? FOUR CONSECUTIVE TERMS, RIGHT? EIGHT YEARS.
BUT IT HAS TO BE CONSECUTIVE, HUH? HUH? DEPENDS ON THE ELECTION CYCLE.
IT DEPENDS ON THE ELECTION CYCLE.
LIKE THIS IS A TWO YEAR ELECTION CYCLE.
WELL, BUT THE TERMS ARE ALWAYS TWO YEARS.
IT USED TO BE NO, THE TERMS ARE TWO YEARS.
THE, THEY USED TO BE FOR THE, UH, FOR THE TERM, YOUR TERM ROUNDED CON CONSECUTIVELY WITH THIS TERM OF THE APPOINTING COUNCIL MEMBER.
AM I CORRECT IN SAYING THAT THE TERM THAT USED TO FOR TWO YEARS, THAT'S THE WAY IT'S BEEN FOR THE LAST CHAIR, COHEN? I'M GONNA HAVE TO LOOK INTO THAT QUESTION.
IT'S JUST TWO YEARS, WHICH MIGHT BE A MISTAKE.
UH, I THINK WHAT HAPPENED IN THE PAST MADAM CHAIR, WAS THERE WAS NEVER ENOUGH PEOPLE TO SERVE ON BOARDS.
I MEAN, COMING BACK AND, AND I'VE BEEN ON SEVERAL OF 'EM, THIS ONE I WILL SAY FOR 16 YEARS.
AND SO I'M ONE OF THE ONES THAT, YOU KNOW, I'M UP THERE FOR, UH, FOR POSSIBLE, UH, ENDING MY TERM.
BUT I DID RECEIVE A ME, UH, AN EMAIL FROM THE CLERK AS I WAS SITTING HERE 30 MINUTES AGO SAYING THAT THEY'RE GOING TO PUT IN A, THAT, UH, THERE'S GONNA BE A, A MOTION INTO THE, UH, NEXT, UH, COUNCIL MEETING FOR, UH, TO WA TO WAIVE YEAH, THE ORDINANCE, CHURCH AND WAIVING.
BUT HIS, IT, WHAT HAPPENED WAS, CAUSE I I, ON, ON THE OTHER BOARDS THAT I SERVED AS WELL, CONSTRUCTION BOARD BACK ALL THE WAY RUNNING WAS CALLED OMBA, WHICH IS NOW DSM B R, WHICH IS NOW THE MINORITY BUSINESS, BLAH, BLAH, BLAH BOARD.
I MEAN, AND SEVERAL OF THEM, THEY COULD NEVER REALLY GET ENOUGH PEOPLE TO, TO FULFILL THOSE SEATS.
SO WHEN PEOPLE WERE APPOINTED ON BOARDS, THEY WERE ALLOWED TO JUST HISTORICALLY CARRY ON BECAUSE, YOU KNOW, WE WERE SMALL, SMALL, MUCH SMALLER TOWN BACK THEN AS WELL.
UH, NOW WITH, WITH THE MORE PEOPLE GETTING INVOLVED IN THE LOCAL POLITICS, I THINK THERE'S MORE MORE PEOPLE.
AND SO NOW THEY'RE STARTING TO BRING THAT UP.
BUT HISTORICALLY WAS YOU JUST, YOU'RE, YOU WERE ON THERE, YOU KNOW, FROM COFF CONCERN.
I MEAN, I'VE BEEN CALLING AROUND TRYING TO SEE WHO FOLKS WHO'D BE INTERESTED IN SERVING FOR THE NEW COUNCIL MEMBERS.
AND WHEN YOU'VE SEEN HOW LONG IT TAKES FOR US TO GET JUST AN ALTERNATE, SOMETIMES COULD TAKE SIX, EIGHT MONTHS.
I MEAN, THERE'S SO MANY BOARDS AND COMMISSIONS, IT'S VERY DIFFICULT FOR, I MEAN, I FEEL BAD FOR THESE PEOPLE CUZ THEY GOTTA COME UP WITH HOW MANY BOARDS AND COMMISSIONS ARE THERE? HUNDRED AND 56, RIGHT? I MEAN, LIKE SOMEWHERE YOU NEED 156 PEOPLE.
IT'S, SO, IT'S LIKE A WELCOME TO A CITY HALL, WHERE'S YOUR HUNDRED 56 PEOPLE? YEAH.
YOU KNOW, AND THIS IS A VERY NICHE BOARD, SO, WELL WE'RE, WE'RE SOVEREIGN.
WE'RE, WE'RE, WE'RE ONE OF THE FEW SOVEREIGN BOARDS, WHICH, UH, ALSO RUNS BY THE STATE LAW AS WELL AS THE CITY LAW.
SO THERE'S, THERE'S A LOT OF, UH, PEOPLE SOMETIMES ARE A LITTLE BIT INTIMIDATED TO SERVE.
BUT THAT'S HOW I DON'T BE SCARED FOR THE SIX OF YOU WATCHING THIS TONIGHT.
WE HAVE APPLY FOR THE BOARD OF ADJUSTMENT.
WE HAVE A GOOD MAKEUP NOW AND WE HAVE SOME REALLY GOOD, UH, PEOPLE ON OUR, OUR, OUR COMMISSION NOW AS WELL AS GOOD, UH, BACKUPS FOR US AS WELL.
WHEREAS HISTORICALLY, IF WE HAD IT, IF ONE PERSON WAS OUT, MAN THE MEETING WAS OFF AND IT WAS, IT WAS REALLY BAD.
SO HOPEFULLY WE CAN MAINTAIN THIS GOING FORWARD.
I PERSONALLY, MYSELF, AND THIS IS MY PERSONAL OPINION, I DON'T SEE WHY IT'S SUCH A BIG THING TO HAVE A, TO LIMIT PEOPLE WHO CARE TO SERVE.
OKAY? SO WE'RE GIVING UP OUR OWN PERSONAL TIME TO BE HERE.
UH, SO THAT SHOWS A CERTAIN AMOUNT OF DEDICATION AND, AND CONCERN FOR THE QUALITY OF LIFE ISSUES HERE IN THE CITY OF BOSTON.
BUT ALSO IT'S UM, ONE OF THOSE TYPE OF, OF THINGS WHERE WHEN YOU HAVE THAT TYPE OF TURNOVER, YOU LOSE THE HISTORICAL CONTEXT, THE INFORMATION AND, AND THE EXPERIENCE OF WHERE THE CITY HAS BEEN AND WHAT HAS TAKEN US TO GET HERE.
AND IT'S, AND SO WHEN YOU BRING NEW PEOPLE ON, UH, AND YEAH, MELISSA AND I WERE TALKING TO US ABOUT THIS, OGS THE OLD, OLD FOLKS, YOU KNOW, BUT YOU KNOW, TO BRING, TO CATCH PEOPLE ON UP.
IF YOU, IF YOU END UP TAKING THE
[00:45:01]
MAJORITY OF THE BOARD AND MAJORITY OF THE PEOPLE THAT HAVE THE HISTORICAL CONTEXT AND AND REMOVE THEM, YOU'RE REINVENTING THE WHEEL OVER AND OVER.YOU HAVE TO GO THROUGH ALL THESE LEARNING CURVES AND PAINS AGAIN.
SO THAT'S JUST MY PERSONAL VIEW.
BUT, UH, NO, NO, I AGREE WHOLEHEARTEDLY.
COMING FROM A COMPLETELY NON LAND USE ORIENTED BACKGROUND, THIS WAS A VERY STEEP LEARNING CURVE FOR ME WHEN I FIRST JOINED THE BOARD.
WELL I, I'M GLAD TO SEE THAT COUNCIL HAS BECOME CREATIVE WITH AT LEAST ADDRESSING THE ORDINANCE AS IS.
SO MYSELF PERSONALLY, I'M, I'M WILLING TO SERVE AS LONG I SERVE AT THE PLEASURE OF MY COUNCIL MEMBER.
I'M WILLING TO SERVE AS LONG AS SHE WANTS ME TO SERVE OR, AND I MUST BE DOING SOMETHING CUZ THEY KEEP PULLING ME BACK.
GLAD WE'RE, WE'RE LIKE THE SALT AND THE PEPPER.
WE GO ON THE TABLE AT THE SAME TIME.
YOU TAKE THE, YOU TAKE THE SALT OR THE PEPPER.
WE'RE GOING BOARD MEMBER MACARTHUR.
I KIND OF HAVE A STAFF QUESTION.
SO WAS THE STAFF, HAS THE STAFF IN THE PAST LOOKED AT PEOPLE WHO'VE SERVED FOR EIGHT YEARS AND SAID, OKAY, YOU NEED TO GET AN EXEMPTION OR WHAT OR IS THIS A NEW POLICY COMING UP OR? EXACTLY.
I HAVEN'T HEARD ABOUT THIS BEFORE.
I THINK THIS STARTED WITH TEN ONE IF I'M CORRECT.
SO I THINK IT STARTED WITH TEN ONE AND BECAUSE TEN ONE HAS BEEN ON A THE CALENDAR, I THINK THEY'RE NOW TO THE POINT WHERE CATCHING UP.
YEAH, BECAUSE THERE WAS EXEMPTION FOR THE FIRST TWO YEARS OR FOR THE COUNCIL MEMBERS THAT DREW THE TWO YEAR SHORT STRAWS.
AND NOW WE'RE AT THE FIRST FULL EIGHT YEAR, TWO FOUR YEAR TERMS OR FOUR, TWO YEAR TERMS. SO I, I THINK THAT'S WHAT DID IT.
MS. LOPEZ HAS GIVEN ME A LOOK LIKE SHE'S GONNA HAVE TO RESEARCH THAT.
I'D LIKE MS. LOPEZ TO JUST YEAH, LOOK, LOOK INTO, I'M ERIC LOPEZ, UM, ASSISTANT CITY ATTORNEY.
I, THE CITY CLERK'S OFFICE IS WORKING WITH, UM, AN INFORMING COUNCIL MEMBERS OF THIS EIGHT YEAR TERM LIMITATION THAT'S IN CODE.
AND I THINK IT'S PROBABLY JUST THE MECHANICS OF THE TEN ONE SYSTEM KIND OF GOING THROUGH.
AND SO THAT'S WHY THIS IS PROBABLY COMING UP AT THIS TIME.
ANY OTHER QUESTIONS OR DISCUSSION BEFORE WE MOVE ON? WELL, I, I JUST HAVE A COMMENT SINCE MY TERM EXPIRES AT THE END OF FEBRUARY AND IT WILL ACTUALLY BE MY FOURTH TERM AS AN ALTERNATE.
AND THIS ALL APPLIES TO ALTERNATES AND THE NEW MAYOR WAS JUST SWORN IN AND I WAS ORIGINALLY APPOINTED BY MAYOR ADLER.
I DON'T KNOW WHAT THE ODDS ARE OF GETTING ANY SORT OF EXTENSION ARE, BUT SINCE I'M AN ALTERNATE AND I MIGHT NOT BE NEEDED NEXT MONTH, I WANTED TO AT LEAST SAY RIGHT NOW THAT, UM, IT'S BEEN A PLEASURE BEING PART OF THE BOARD AND WORKING WITH ALL OF YOU.
AND I HOPE I CAN STILL KEEP IN TOUCH WITH ALL OF YOU.
BUT, WELL, THERE IS A CARRYOVER PERIOD FOR FOR HOW LONG IS THAT ERICA? UH, EVER FOREVER.
WE'RE NEVER LETTING GO OF KELLY GETS NO REPLACEMENT.
DON'T THEY GET LIKE 90 DAYS OR I, UH, I DON'T KNOW OFF THE TOP OF MY HEAD, SO I'D HAVE TO LOOK INTO THAT.
I THINK IT, IT'S JUST LIKE 60 OR 90.
WELL THE, BUT THERE, THERE'S AN AUTOMATIC UH, GRANTED EXTENSION, UH, IF THERE'S NO ONE APPOINTED YET.
AND THAT KIND OF GIVES THE COUNT THE NEW COUNCIL MEMBERS THE LITTLE LEEWAY, UH, TO FIND A GOOD PERSON TO FILL THOSE SPOTS, UH, IF THEY DON'T HAVE SOMEONE ALREADY.
AND I, I THINK WE'LL BE SEEING THAT.
LIKE FOR ME, I DIDN'T EVEN START TILL I THINK, UH, APRIL MIGHT HAVE EVEN BEEN ME, EVEN THOUGH THE APPOINTMENT WAS IN FEBRUARY.
CUZ THEN THERE'S TRAINING INVOLVED, ESPECIALLY FOR THESE SOVEREIGN BOARDS AND RIGHT.
THEY HAVE TO GET TRAINING AND SWORN IN BEFORE THEY GET DIFFERENT TO THE SEAT.
IS SITTING THERE EMPTY? I DON'T, I DON'T THINK IT'S LIMITED TO 60 OR 90 DAYS.
I THINK IT'S UNTIL THE NEXT PERSON'S APPOINTMENT, BUT, BUT ERIC WILL KNOW BETTER THAN I BY THE NEXT FEW.
NOT GONNA MS. LOPEZ JUMP THERE.
ANYONE ELSE? AND KELLY, I WILL BEG WHOEVER I HAVE TO TO MAKE SURE YOU GET REAPPOINTED SOMEHOW.
WELL, WELL THAT'S VERY KIND OF YOU
[7. Discussion of future training for board members]
ITEM SEVEN, DISCUSSION OF FUTURE TRAINING FOR BOARD MEMBERS.I THINK I RECALL THIS, UH, POPPING UP ON OUR AGENDA PRETTY MUCH EVERY JANUARY FOR THE PAST FOUR YEARS.
AND I'M BETTING ELAINE, UH, WANTED TO TALK ABOUT THAT A LITTLE BIT.
DID THAT SOMETHING YOU WANNA DISCUSS OR? UH, GENERALLY, UH, IT'S GONNA BE FOR THE NEW BOARD MEMBERS.
THIS IS ALSO A LITTLE BIT, UH, I THINK MOST OF US, EXCEPT FOR MAYBE MR. GARZA, WHO IS, UH, ONE OF OUR ALTERNATES HAVE BEEN
[00:50:01]
HERE FOR AT LEAST TWO YEARS AT THIS POINT.UH, CARRIE, HAVE YOU BEEN HERE TOO? NO.
YOU'RE A NEW ALTERNATE APPOINTMENT, AREN'T YOU? AND BARBARA, AREN'T YOU? REPLACEMENTS I'VE BEEN WORKING ON TWO YEARS.
IS THERE ANY ADDITIONAL TRAINING YOU GUYS WOULD LIKE TO SEE OR MAYBE SOMETHING, UH, THAT YOU'D LIKE CLARIFIED THAT WE COULD ARRANGE? USUALLY, UH, AND I DON'T ARE IS TRAINING GONNA GO TO BACK IN PERSON? ELAINE, DO YOU KNOW, OR I, I'M NOT SURE.
UH, CLARK'S OFFICE WILL PROBABLY KEEP IT ONLINE.
UH, I HAVE A QUESTION ON TRAINING.
SO I GUESS IT KIND OF STARTS WITH HOW MANY PEOPLE ARE ACTUALLY GOING OFF THE BOARD AND HOW MANY NEW MEMBERS ARE YOU GOING TO HAVE COMING ON? CUZ IT DOESN'T REALLY, I I THINK YOU NEED TO WAIT UNTIL THE NEW MEMBERS ARE ALL SEATED BEFORE YOU GO START DOING SOME TRAINING.
SHE'S 100% AND IT'S LOOKING LIKE IT MIGHT BE THREE OR F DEFINITELY THREE.
YEAH, I WAS JUST GONNA SUGGEST, AT LEAST FOR MYSELF, UH, IT SEEMS LIKE A LOT OF OUR DENIALS ARE BASED ON HARDSHIP OR THE FAILURE TO ESTABLISH HARDSHIP.
AND I I WOULD BE INTERESTED IN A FOCUSED TRAINING ON, UM, THAT ISSUE.
LIKE, UH, CAN WE DRILL THAT DOWN A LITTLE? MAYBE LIKE, SINCE THERE ISN'T PRECEDENT BUT OTHER PREVIOUS HARDSHIPS, WHAT DEFINES A HARDSHIP OR MAYBE OTHER BOARD OF ADJUSTMENT RULINGS OR, WELL, UH, ELAINE DID, DID THE TRAINING THAT MR. LLOYD DID, DID, DID IT GET RECORDED? IS IT AVAILABLE? YEAH, I I HAD EMAILED THAT ALL TO Y'ALL AFTER THAT TRAINING SESSION, SO ALL OF Y'ALL SHOULD HAVE HAD IT, BUT IF Y'ALL DON'T HAVE IT, I CAN SEND IT OUT AGAIN.
WHY DON'T WE JUST SEND IT OUT AS A REFRESHER AND YEAH, IF YOU, IF WE, I I DON'T REMEMBER THAT, BUT IF WE DO HAVE THAT, THAT'D BE GREAT.
IT JUST SEEMS TO ME, I, FOR FOR ME IT'S, IT SEEMS LIKE SOME OF OUR DECISIONS ARE, UM, INCONSISTENT ON THE HARDSHIP ISSUE.
IT'S, IT'S, I THINK IT'S UNFORTUNATELY THE NATURE OF THE BEAST.
UH, A LOT OF THESE DECISIONS ARE, ARE BASED ON OUR JUDGMENT.
UM, ADAM CHAIR, EACH LOT IS DIFFERENT.
BOARD MEMBER LAN, DO YOU WANNA COMMENT ON THAT? YES.
IF I CAN ALSO ADD TO THAT, IT, SOME OF THAT'S FE IT FEELS THAT WAY BECAUSE EACH CASE AND IT'S HARDSHIP IS, IS TAKEN INDIVIDUALLY AND IS PREDICATED ON THAT PARTICULAR PROPERTY THAT WITH THAT LOCATION, WHATEVER, THAT, YOU KNOW, I MEAN THE OH TWO ARE ALIKE, SO SOMETIMES IT DOES FEEL LIKE IT'S SOMEWHAT INCONSISTENT, BUT REALLY WE CAN ONLY APPLY, UH, OUR DECISIONS TO THAT ONE PIECE OF PROPERTY.
AND SOMETIMES PEOPLE LIKE TO COME IN AND SAY A PRECEDENT HAS BEEN SET AND YOU REALLY, IT REALLY, WE DON'T, WE DON'T SET PRECEDENT UNLESS IT'S AN INTERPRETATION CASE.
SO IT'S, IT MAY FEEL LIKE THAT.
AND I USED TO FEEL LIKE THAT WHEN I FIRST GOT ON THE BOARD AS WELL.
BUT AS IT TURNS, TURNS OUT AFTER I STARTED TO WRAP MY HEAD AROUND THE FACT THAT EACH, EACH UNIQUE CONDITION, EACH UNIQUE PROPERTY, WHATEVER THE HARDSHIP MAY BE, TOPOGRAPHY ON ONE, MAY BE A BONAFIDE HARDSHIP.
IF YOU TAKE A LOOK AT THE TOPOGRAPHICAL MAP ON IT VERSUS TOPOGRAPHY ON ANOTHER ONE THAT'S ON A SLOPE ISN'T BECAUSE MAYBE IF YOU TAKE A LOOK AT THE TOPOGRAPHICAL TOPOGRAPHICAL MAP, IT'S, THEY'RE SPREAD OUT MORE.
SO YOU KNOW, IT, IT SEEMS LIKE IT SOMETIMES IS, BUT THEN THE CASES MAY BE SIMILAR BUT NO TWO LOTS, NO TWO HARDSHIPS ARE EVER 100% LIKE UNIQUE OR, OR, OR SORRY THE 100% THE SAME.
THEY ARE ALL UNIQUE OR AT LEAST THAT'S HOW WE'RE SUPPOSED TO BE TREATING THEM.
EACH, EACH ONE IS ITS OWN ISOLATED LITTLE THING.
AND AGAIN, YOU KNOW, MAYBE SIMILAR BUT I, I'VE NEVER SEEN TWO THAT ARE EXACTLY THE SAME UNLESS THEY MIRROR EACH OTHER.
ONE THE HOUSE THAT FACED THE HOUSE.
ANY OTHER NO SENSE TRAINING RELATED QUESTIONS OR DISCUSSION? MADAM CHAIR.
I DO WANT TO THOUGH, I DO WANNA SUPPORT UH, COMMISSIONER SMITH THOUGH THAT, YOU KNOW, I THINK THAT HAVING A, A BRIEFING ON ON HOW, CUZ I,
[00:55:01]
IT CAN BE BETTER EXPLAINED AND I CAN EXPLAIN IT SITTING HERE, BUT I, I DO WANNA SUPPORT HIM ON, ON HIS DESIRE TO HAVE, YOU KNOW, SOME BACKGROUND, SOME MAYBE INFORMATION, ADDITIONAL INFORMATION AND TRAINING ON, ON THE HARDSHIPS BECAUSE THEY ARE, THEY ARE SOMEWHAT SUBJECTIVE AS WELL.ELAINE, IS THAT SOMETHING YOU COULD SET UP WITH, UH, DSD AND LEGAL? AGAIN, I'M NOT GONNA DO ANY OF THAT, BUT, BUT AFTER THE NEW APPOINTMENTS? YEAH.
CAUSE THERE'S NO POINT IN DOING IT BEFOREHAND, BUT I DON'T EXPECT THIS TO BE SET UP IN A WEEK.
I I'M PRETTY SURE THEY'RE GONNA WANNA SCHEDULE THIS IN LIKE JULY OR SOMETHING.
YEAH, I MEAN IT'S, IT'S JUST HARD LIKE NOT HAVING NEW BOARD MEMBERS TO LIKE AGREE ON A DATE.
SO THAT'S GONNA BE HARD FOR ME TO SCHEDULE, UM, RIGHT NOW, BUT I'LL DEFINITELY SEE IF THEY CAN PUT THAT CUZ THEY'RE PROBABLY GONNA WANNA DO JUST ONE TRAINING, SO I'LL SEE IF THEY CAN PUT THAT ALL INTO ONE TRAINING OKAY.
SO WHAT I'D LIKE TO ADD ON TO BOARD MEMBER SMITH THING IS, YOU KNOW, THE HARDSHIPS ARE ACTUALLY DEFINED IN STATE LAW, RIGHT? THERE'S FIVE HARDSHIPS WE CAN CONSIDER AND UM, SO I'D REALLY LIKE THOSE FIVE THINGS TO BE IN THE PRESENTATION WHEN THE NEW BOARD MEMBERS ARE SITTING.
I DON'T THINK IT'S LIKE ARBITRARY.
I MEAN WE'RE SUPPOSED TO FOLLOW STATE LAW RIGHT? IN HOW WE DETERMINE HARDSHIP.
IT'S NOT AN ARBITRARY POLICY DECISION FOR US.
I, I WOULD SAY THAT THERE ARE THINGS WE CAN CONSIDER, IT'S NOT ARBITRARY, BUT OUR DETERMINATION IS, IS VERY MUCH A GRAY AREA OF WHAT YOU MAY CONSIDER A HARDSHIP FOR SOMEONE I MAY NOT OR VICE VERSA.
SO I I I DIDN'T MEAN TO IMPLY IT WAS ARBITRARY, BUT IT'S, IT IS DEFINITELY NOT A BLACK OR WHITE DECISION.
I, I THINK THAT'S FAIR TO SAY, RIGHT? MM-HMM.
I JUST KNOW THAT THE PRESENTATION THAT WE HAD FROM WHERE MR. LLOYD SPECIF SPECIFICALLY WENT OVER HARDSHIP, IT WAS WAS PRETTY GOOD.
SO YEAH, IT, IT WAS RECORDED AND SO I, I HOPE THAT WE CAN TAKE ADVANTAGE OF THAT UNTIL WE GET TO NEW TRAINING,
ANY OTHER UH, QUESTIONS OR DISCUSSIONS? OKAY, ITEM EIGHT,
[8. Discussion and possible action regarding an update on the resolution sent to council for the BOA Applicant Assistance Program (BAAP). ]
EAT DISCUSSION AND POSSIBLE ACTION REGARDING AN UPDATE ON THE RESOLUTION SENT TO COUNCIL FOR THE BOARD OF ADJUSTMENT APPLICANT ASSISTANCE PROGRAM.UM, SO OF COURSE WHEN EVERYBODY KNOWS THERE'S HALF A NEW COUNCIL RIGHT NOW, I HAVE EMAILED ALL OF THEM AND THEN STARTED CALLING AND FOUND OUT THAT MOST OF THEM DON'T EVEN HAVE THEIR EMAILS SET UP YET.
SO I DON'T HAVE A REAL UPDATE OTHER THAN UH, LOOKS LIKE COUNCIL MEMBER HARPER MADISON WILL BE PICKING IT UP.
UH, TALK TO HER AND I'LL BE BRIEFING HER CHIEF OF STAFF TOMORROW AND HOPEFULLY WE CAN GET THIS ONTO THE AGENDA AND GET THEM TO ADOPT THE PROGRAM AND GET IT STARTED, UH, BY MAYBE MARCH.
THANK YOU FOR ALL YOUR HARD WORK ON THAT.
I'M SORRY THAT IT HAS BEEN A APPEAL
A APPEAL BOTH WAYS IN THE SNOW.
[9. 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)]
KEY ITEM NINE DISCUSSION.UM, POSSIBLE ACTION BY THE BOARD BASED ON THE WORKING GROUP UPDATE ON PROPOSED CHANGES TO BO APPEALS.
SO WE DISCUSSED THIS AND WE WANNA SEE IF KELLY IS STILL ON.
HOPEFULLY KELLY WILL BE WITH US AND WE'RE GONNA MEET WHEN SHE FINDS OUT.
THAT'S PROGRESS CHICKEN STAND.
THE WORKING DOESN'T HAVE TO BE ON THE BOARD TO BE ON THE WORKING GROUP.
YEAH, WE FOUND OUT WE COULD APPOINT PEOPLE.
WHAT CUZ SHE, THE, SHE ACTUALLY ASKED CAN ALTERNATES BE IN A WORKING GROUP? AND THE ANSWER WAS ANYBODY CAN BE ON THE WORKING GROUP.
SO THAT'S GOOD THEN WE DON'T HAVE TO WORRY ABOUT THAT, KELLY.
SO YES, PLEASE MEET, PLEASE DISCUSS.
ITEM 10, DISCUSSION OF FUTURE AGENDA ITEMS, STAFF REQUESTS, POTENTIAL SPECIAL CALL MEETINGS AND OUR WORKSHOP REQUESTS.
ANY NEW BUSINESS FUTURE AGENDA ITEMS. ONE SEC.
SHOULD I PUT THE DISCUSSION OR ANNOUNCEMENTS ON FOR THE NEXT AGENDAS
[01:00:01]
SO WE CAN, WE CAN GET THAT WITHOUT AN ANSWER OR, UM, I, OKAY.AND THEN THAT LOOKS LIKE IT'S IT FOR TONIGHT.
UH, AGAIN, HAPPY NEW AREAS WITH EVERYONE.
THANK YOU SO MUCH FOR YOUR TIME.
THE TIME IS 6:56 PM THIS MEETING OF THE BOARD OF BOARD OF ADJUSTMENT IS HERE BY ADJOURNED.
Y'ALL HAVE A GOOD SQUEEZING TIE, KISS AND SLOW CHARLES ALL THE STEREO HOLDING BUT LETTING GO FALL IN BACK LOVE WITH YOU CAUSE YOU.