[00:00:02]
[CALL TO ORDER]
IS 5:36 PM ON, UH, MONDAY, FEBRUARY 13TH.UH, HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER.
THE ONE THING I FORGOT WAS A PEN.
HAS EVERYBODY ON THE DIAS SIGNED IN ON THE SIGN IN SHEET? PASS THIS DOWN FOR ME PLEASE.
JUST A COUPLE QUICK REMINDERS FOR EVERYONE IN THE AUDIENCE, PLEASE TURN OFF YOUR CELL PHONES OR PUT THEM ON VIBRATE.
UH, AFTER YOUR CASE IS OVER, PLEASE TAKE ANY DISCUSSION OUT INTO THE LOBBY.
SAVE QUESTIONS FOR STAFF TILL TOMORROW.
UM, WHEN YOU'RE ADDRESSING THE BOARD, PLEASE ADDRESS US DIRECTLY IF THERE'S ANY OPPOSITION.
DON'T TALK TO EACH OTHER, JUST TO THE BOARD.
AND I DON'T THINK WE'RE GONNA NEED A BREAK TONIGHT.
IT'S REALLY, UH, PARKING TICKETS.
IF YOU HAVE YOUR PARKING TICKET AND YOU HAVEN'T GOTTEN IT STAMPED YET, THERE'S A LITTLE CLAMSHELL DEVICE OVER HERE WHERE YOU WALKED IN.
MAKE SURE YOU STAMP YOUR TICKET, WRITE DOWN THE NUMBER SO THAT YOUR TICKET, OUR PARKING WILL BE VALIDATED WHEN YOU LEAVE.
FOR EVERYONE WHO'S GOING TO BE GIVING TESTIMONY TONIGHT, I'D LIKE TO ASK YOU TO PLEASE STAND.
I'M GONNA HAVE YOU TAKE AN OATH OF AFFIRMATION.
DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? PERFECT.
WE'RE GOING TO START WITH ITEM ONE.
WELL, UH, LANE, IS THERE ANY PUBLIC COMMUNICATION GUESSING PART? OKAY.
[APPROVAL OF MINUTES]
ONE, WHICH IS THE APPROVAL OF THE MINUTES FROM JANUARY 9TH, 2023.I MOVE TO APPROVE THE MINUTES.
WE HAVE A MOTION TO APPROVE MADE BY BROOKE BAILEY, SECONDED BY VICE CHAIR HOFFLER.
LET'S CALL THE ROLL, OR SORRY.
IT'S YAY NA, IT'S A YES OR NO.
UM, I'M SORRY, BUT YOUR MICROPHONE, WE ARE HAVING A HARD TIME HEARING YOU.
THE OTHER MICROPHONE SEEM TO BE OKAY, BUT YOURS IS A LITTLE BIT, UM, THERE'S FEEDBACK ON IT.
IS THAT ANY BETTER? CAN YOU TRY AGAIN? TESTING, TESTING.
[00:05:01]
CLOSE TO IT? MM-HMM.IT IS KIND OF HIGH CUZ I CAN HEAR A RING ON IT, BUT THAT'S BETTER.
THAT'S BETTER RIGHT NOW WHEN YOU, WHEN YOU MOVE BACK FROM IT.
OH, WHEN I MOVE BACK FROM IT? OKAY.
CAN EVERYBODY IN THE AUDIENCE STILL HEAR ME? OKAY.
IT'S, JUDY ISN'T, WELL, USUALLY I HAVE TO BEND OVER THE THING, YOU KNOW.
NEXT ITEM ON THE AGENDA WILL BE ITEM TWO.
UH, DISCUSSION OF STAFF AND APPLICANT REQUESTS FOR POSTPONEMENT AND WITHDRAWAL OF PUBLIC HEARING CASES.
UH, THERE ARE NO POSTPONEMENTS.
SO WE'RE GOING TO MOVE ON TO ITEM THREE.
UM, BEFORE YOU COME UP, IF THE BOARD IS WILLING, I WOULD LIKE TO MOVE THE VOTE FOR THE RECONSIDERATION UP TO THE BEGINNING OF THE AGENDA.
IF THERE'S NO, NO OPPOSITION, SIMPLY SO WE CAN VOTE ON THE RECONSIDERATION.
IF WE DO DECIDE TO HAVE THE RECONSIDERATION, WE CAN HAVE IT AT THE NORMAL TIME.
IN ITEM FOUR, IS THERE ANY OBJECTION TO VOTING ON JUST THE RECONSIDERATION? OKAY.
[5. C15-2023-0001 David Webber for Gale Giger 906 Ebony Street (part 1 of 2)]
NONE FOR ITEM FIVE C 15 20 23 0 0 1, DAVID WEBER AND GAL GEIGER 9 0 6 AVENUE STREET.WE'RE GOING TO TAKE A VOTE SIMPLY ON THE RECONSIDERATION, NOT THE MERITS OF THE CASE.
SO THAT IS A MOTION TO RECONSIDER MADE BY BOARD MEMBER VAN OLAND.
DO I HAVE A SECOND? I'LL SECOND.
WAS THAT A BOARD MEMBER OF BLOOM? YES.
OKAY, LET'S CALL THE VOTE AGAIN.
THIS IS A MOTION TO RECONSIDER.
I'M GOING TO PASS AND COME BACK TO ME.
I'M LOOKING AT THE LETTER FOR RECONSIDERATION THAT SAYS THAT NOT ONLY ARE THEY REQUESTING RECONSIDERATION, BUT THEY HAVE REVISED DOWN A REQUEST BECAUSE THEY RECOGNIZE THAT SOME OF THE SPACE REQUESTED IN THE VARIANCE DIDN'T ACTUALLY REQUIRE A VARIANCE.
SO ARE WE VOTING ON JUST RECONSIDERING WHAT THEY HAVE PREVIOUSLY SUBMITTED? WE'RE WE'RE VOTING ON RECONSIDERING BASED ON THE NEW INFORMATION.
UH, RE NOTICING WAS DONE WITH THE NEW INFORMATION.
MICHAEL VLAN BASED ON WHAT I SAW IN THAT, UH, LETTER ITEM 0 5 4.
I DON'T KNOW THAT THAT WAS ENOUGH.
SO WE WILL RECONSIDER THAT UNDER ITEM FIVE AFTER THREE AND FOUR.
I DIDN'T GIVE SOMEONE A FAIR SHAKE.
[3. C16-2023-0001 Mike McHone for Jean LeFebvre 2200 Guadalupe Street]
OKAY.[00:10:01]
RIGHT.DO YOU HAVE A PRESENTATION? I AM GOING TO DO IT SIMPLY BY TALKING TO YOU.
YOU HAVE ALL OF YOUR INFORMATION IN OUR BACKUP.
I FIND THAT, UH, I DO IT BETTER IF I'M NOT TRYING TO FUMBLE WITH THE
STATE YOUR NAME FOR THE RECORD AND FIVE MINUTES.
MIKE MCCONE REPRESENTING THE CHURCH OF SCIENTOLOGY AT AUSTIN.
THEY HAVE ASKED ME TO SPEAK TONIGHT BECAUSE OF MY LONG LONG ASSOCIATION WITH THE WEST CAMPUS.
UH, THE CHURCH IS ONE OF 18 CHURCHES IN THE SMALL LITTLE AREA OF WEST CAMPUS, AND THE REQUEST IS FOR THE ILLUMINATION SOLELY OF AN EXISTING EXTERIOR WALL SIGN THAT ON THEIR, THAT'S ON THEIR NEWLY CONSTRUCTED THIRD FLOOR OF THEIR BUILDING.
THE HISTORY OF THIS CASE IS AFTER 40 YEARS OF BEING THERE, THEY DECIDED THEY NEEDED TO REMODEL AND ADD, UH, AN ADDITIONAL SPACE IN 2018.
SO PART OF THAT, UH, RECONSTRUCTION RESULTED IN NEW SIGNAGE NEEDING TO BE HAD.
SO IN 2018, THEY FILED THE NECESSARY PERMITS AND STAFF DECIDED THEY NEEDED THREE SEPARATE PERMITS.
ONE FOR 22ND STREET, THE VERBIAGE, ONE FOR GUADALUPE STREET, THE VERBIAGE, AND THEN SEPARATE SIGN FOR THE SYMBOL.
SO THEY GOT THOSE, THEY PUT 'EM UP AND THEY WERE READY TO GO ON.
UNFORTUNATELY, IN 2019, A UH, SIGN AND PART OF THE AMENDMENT OF THE UNIVERSITY NEIGHBORHOOD OVERLAY, THE SIGN ORDINANCE WAS INADVERTENTLY, UH, MODIFIED.
I'M SURE THAT THIS BOARD IS VERY FAMILIAR WITH, UH, THESE REQUESTS.
AND THE SITUATION WAS THAT IN 2020, THE NATIONAL CHURCH OF SCIENTOLOGY SAID, WE'VE GOT TO, UH, CHANGE OUR LOGO.
THEY RECEIVED A PERMIT IN NOVEMBER OF 2020, BUT THE ILLUMINATION WAS DENIED.
THEY'RE BACK HERE TONIGHT ASKING THAT THE ILLUMINATION BE ALLOWED, UH, IN KEEPING WITH OTHER BUSINESSES IN THE NEIGHBORHOOD AND IN KEEPING WITH A UNIFIED SYMBOL AND VERBIAGE SIMILAR TO OTHER AREAS AND OTHER BUSINESSES ON THE DRAG THAT HAVE THOSE.
AND SO THAT IS, WE'VE SENT YOU, UH, PICTURES OF ALL THE BUSINESSES ON THE DRAG.
MANY OF THEM I KNOW THAT YOU RECOGNIZE AS BEING, UH, ONES YOU'VE SEEN HERE BEFORE.
UH, AND WE THINK THAT THIS IS A VERY STRAIGHTFORWARD REQUEST.
THE, UH, SIGN IS, THE NEW SYMBOL IS UP.
IT JUST NEEDS TO HAVE THE ILLUMINATION.
THEY JUST NEED TO HOOK IT UP AND IT'LL WORK.
SO I'M HERE TO ANSWER ANY QUESTIONS.
I HAVE THREE FOLKS THAT HAVE COME TO HEAR FROM THE, UH, CHURCH OF SCIENTOLOGY, IF YOU HAVE ANY, UH, QUESTIONS OF THEM.
AND I'LL YIELD BACK MY BALANCE OF MY TIME TO YOU.
UH, IS THERE ANY OPPOSITION? OKAY, SEEING NONE, LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.
UH, IS THERE ANY DISCUSSION, A MOTION, UH, BOARD MEMBER BAILEY? I JUST HAVE A QUICK QUESTION WITHOUT THIS SIGN.
HOW MANY OTHER SIGNS IN TOTAL ARE ON THIS BUILDING THAT ARE ILLUMINATED? JUST THE, THE LETTER SIGNS.
AS IN YOUR BACKUP PACKAGE ON PAGE 14, I BELIEVE.
I, WELL, I SAW THE PHOTOS OF IT AND I SAW SOME OF IT, BUT I DIDN'T SEE, UM, THE LAYOUT OF ALL THE SIGN.
I JUST DIDN'T SEE ANYTHING THAT SAID ALL THE SIGNS.
SO YES, THOSE, I JUST WANTED TO VERIFY THAT THOSE WERE THE ONLY TWO SIGNS.
AND, UM, I DON'T REALLY HAVE A PROBLEM WITH THIS.
THE ONLY PROBLEM I HAVE IS THIS ONE SIGN ISN'T REALLY WAYFINDING.
I MEAN, THERE'S ALREADY LARGE SIGNS THAT SAY, YOU KNOW, SCIENCE CHURCH OF SCIENTOLOGY.
AND SO IT JUST SEEMS MORE LIKE AN ADVERTISING SIGN TO ME.
I MEAN, I GET, IT'S PART OF THEIR BRANDING AND LIKE I SAID, I DON'T HAVE A HUGE PROBLEM WITH THIS, BUT THIS ONE WE'RE, WE'RE TURNING INTO LAS VEGAS ON THE DRAG, BUT, UM, WHICH BOTHERS ME, BUT THAT'S REALLY THE MAIN ISSUE I HAVE WITH THIS.
THERE ARE OTHER BRANDING SIGNS.
I THINK WE'RE ALREADY LAS VEGAS ON THE DRAG
UH, I'LL MAKE A MOTION TO APPROVE.
MADE BY BOARD MEMBER HAWTHORNE.
[00:15:01]
BOARD MEMBER VON OLIN.ARE THERE ANY OTHER QUESTIONS OR DISCUSSION? BOARD MEMBER SMITH? YEAH, I KNOW IN SOME OF THESE NINE CASES WE HAVE, UM, MADE SURE THAT THERE'S A TIMER ON SO THAT THEY DON'T STAY LIT ALL NIGHT.
UM, AND I DIDN'T SEE ANYTHING IN THE MATERIALS THAT INDICATED ANYTHING ABOUT THAT.
I KNOW THAT THERE WAS SOME INFORMATION ABOUT THE, THE HOURS THAT THE CHURCH IS OPEN.
UH, I, I WOULD SUGGEST WE LIMIT THE ELIMINATION TO THOSE HOURS.
UH, IS THAT A FRIENDLY AMENDMENT? SURE.
UH, LET, CAN I JUST, UH, ASK REAL QUICK, SO DID YOU HAVE ANY PLANS TO, UH, MAYBE DECREASE LUMINOSITY OR TURN THE SIGN OFF AFTER A CERTAIN HOUR? I DON'T KNOW OF ANY MYSELF.
MAYBE THERE'S SOMEBODY IN THE AUDIENCE THAT CAN ANSWER THAT IF YOU'D LET THEM.
IF THERE'S SOMEONE WHO CAME WITH YOU WHO COULD ANSWER, ANSWER THAT.
BUT I CAUTION THAT, UH, NOT TO GO DIRECTLY TO THE ABSOLUTELY.
IN, BECAUSE WE NEED TO KEEP THE SIGNS ON FOR LIGHTING DURING, WHILE PEOPLE ARE EXITING THE BUILDING.
AND THOSE, SOME OF THOSE GO UP 10 O'CLOCK.
USUALLY WE GO LIKE AN HOUR OR TWO AFTER THE LAST FINAL CLOSING OF THE DOOR.
AND THAT'S KIND OF MY CONCERN.
AND WOULD WE BE ENFORCING SOMETHING, UH, ON THE CHURCH OF SCIENTOLOGY THAT WE WOULDN'T BE ENFORCING ON ANY OTHER? WELL, WE, WE HAVE DONE ON THE PERIMETER OF THE CAMPUS AREA, MORE DOWN TOWARDS LIKE THE 31ST STREET.
AS OPPOSED TO DIRECTLY OFF CAMPUS.
BUT THE PROBLEM IS, IS THAT THE SIGNS, UM, BOARD MEMBER SMITH, THE SIGNS ARE ALREADY INSTALLED.
AND THIS IS JUST FOR THE SYMBOL.
CORRECT? I SO TO PUT THE LIMITATION JUST ON THE SYMBOL.
YEAH, THAT'S, IT'S, UM, WHILE I, I'M OPEN, I DON'T, I DON'T KNOW THAT, THAT I CAN MAKE THAT BE AN ALIGNMENT IN MY THOUGHTS.
OH, THE OTHER ISSUE THAT I, THAT I PARTICULARLY POSSIBLY SEE IS, UM, I DON'T KNOW HOW THE CHURCH OPERATES.
UH, YOU KNOW, I MEAN, I WAS RAISED ROMAN CATHOLIC.
I KNOW HOW THEIR CHURCHES OPERATE.
THEY LIKE TO STAY NOTICE AT NIGHT AND STUFF IN CASE SOMEBODY'S TRANSIENT COMING OUT.
THAT'S THE WAY IT USED TO BE GROWING UP.
I DON'T KNOW ABOUT, NOW I'M NOT MUCH FOR ORGANIZED RELIGION ANYMORE, BUT I WILL SAY IF THE, IF IT, IF YOU GUYS TAKE PEOPLE IN DURING THE EVENINGS OR SOMETHING, IF SOMEBODY, IT'S A FREEZE, IT'S A BAD NIGHT, WHATEVER, SOMEBODY NEEDS TO COME TO THE CHURCH FOR REFUGE OR WHATEVER THE CASE MAY BE.
AND I KNOW IT'S JUST THE LOGO, THE SIGN WILL STILL BE UP.
BUT THAT, THAT, UM, THAT, AND GOING BACK TO, UM, MELISSA'S COMMENT ALSO TO SHUT ONE DOWN AND PEOPLE WHO ARE FAMILIAR WITH THAT PARTICULAR, UH, ORGANIZED RELIGION MAY LOOK FOR THAT SIGN TO COME IN OFF THE, OFF THE STREETS.
I DON'T, SO I DON'T, MAYBE IF IT WAS ON THE OUTSKIRTS BY RESIDENTIAL AREAS, I THINK I WOULD, THAT WOULD PROBABLY BE MORE REASONABLE, MR. SMITH.
BUT I DON'T KNOW IF IT, IT'S FAIRLY NECESSARY THIS TIME, BUT IT'S YOUR FRIENDLY AMENDMENT.
MY MY COMMENT TO THAT WOULD BE, I MEAN I, WE, I THINK WE'VE IDENTIFIED AND AGREED THAT THE, THAT THE ADDITIONAL LOGO IS JUST MORE IN THE NATURE OF ADVERTISING.
THE REMAINDER STAYS ON THEN, UH, YOU KNOW, YOU GET THE IDENTIFICATION THAT YOU WANT.
THAT WE, BUT LOOK, I'M, I'M JUST, I IT IS VEGAS.
AND, UM, YOU KNOW, I GUESS WE'LL HAVE GAMBLING THERE SOON, MAYBE.
WELL, AND WELL, AND TO, TO KIND OF REITERATE ON HIS POINT, THE, THERE OTHER LETTERING IS KIND OF BACK LIT WHERE THIS ONE IS LIT.
SO IT IS A DIFFERENT LIGHTING.
AT LEAST THAT'S WHAT THE, THE RENDERING LOOKS LIKE.
HANG ON, LET ME GO TO THAT RENDERING.
UH, I'M GONNA GO AHEAD AND INTERRUPT EVERYONE REAL QUICK.
BECAUSE I THINK WHAT WE HAVE HERE IS, IS, IS IS NOT REALLY A FRIENDLY AMENDMENT ANYMORE, BUT AN AMENDMENT THAT WE MAY NEED TO VOTE ON.
UH, SO WHAT WE HAVE IS WE HAVE A MOTION TO AMEND, TO INCLUDE, UH, EITHER, I DON'T KNOW, WOULD YOU SAY, UH, A, A TIME CUTOFF OR DARK SKY LIGHTING COMPLIANT? OR HOW WOULD YOU LIKE TO PHRASE YOUR AMENDMENT BOARD MEMBER SMITH? I'D BE FINE WITH THE TIME CUTOFF.
UH, DO WHAT TIME DOES IT IS IT IS ACRYLIC AND IT'S BACK LIT.
THE SIGN, THE WHOLE THING IS BACK LIT ACRYLIC AND BACK LIT.
[00:20:01]
IT'S NOT, IT'S NOT L E D, IT'S JUST BACKLIT.IT'S NOT INTERNALLY ELIMINATED.
IT'S SOLID AND IT JUST LIKE THE REST OF THE SIGN.
YEAH, JUST LIKE THE OTHER LETTERING.
IT'S NOT SUPPOSED TO STAND OUT AT ALL.
IS THERE AN ENTRANCE? I'M SORRY.
I, WELL WE'VE STILL GOT THE MOTION FOR THE AMENDMENT.
UH, SO LET'S FIND OUT IF WE HAVE A SECOND ON THAT FIRST.
DO I HAVE A SECOND ON THE, UH, TIME TO CUT OFF AMENDMENT? I THINK I'D BE MORE COMFORTABLE WITH THE NIGHT SKY COMPLIANT.
SO JUST FYI CUZ I WOULD LIKE TO GET THE APPLICANT'S OPINION ON THAT FOR DARK SKY COMPLIANCE.
I HAVEN'T HAD THE TIME TO DO THE MATH ON YOURS.
MAY I ASK ONE QUESTION? UH, YEAH, GO AHEAD.
IS THERE AN ENTRANCE DOOR OR SOMETHING ON THAT CORNER WHERE THAT LOGO IS? YES, THAT'S WHERE THE MAIN ENTRANCE IS THERE AT THE CORNER OF 22ND IN GUADALUPE.
UH, VICE CHAIR, COULD YOU SEE IF ANYONE ELSE HAS QUESTIONS FOR A MINUTE WHILE I LOOK THIS UP? BECAUSE MOSTLY DARK SKY COMPLIANCE IS IN, UH, RELATION TO ECMS AND I GOTTA SEE IF THERE'S SOMETHING HERE ON THESE.
OH, IT'S PROBABLY IN THE DESIGN STANDARDS AND SECTION 2.6 AS WELL.
OH, IT, IT'S NOT ACTUALLY IN OUR CODE YET.
OH, IT'S IN THE STATE CODE, BUT NOT, NOT THE CITY CODE.
UM, GERALD, DO YOU WANNA ASK QUESTIONS? IS IT ABOUT THE, IS IT ABOUT THE AMENDMENT OR THE MOTION? BECAUSE I HAVEN'T, UH, WELL I JUST, I JUST WANTED EVERYBODY TO, TO KNOW.
I THINK THERE WAS SOME ISSUE ABOUT THE HOURS OF OPERATION.
THEY, THERE'S A LETTER AT PAGE 28 IN THE BACK OF MATERIALS THAT EXPLAINS THEIR, UH, HOURS OF OPERATION.
NINE TO 10, 9:00 AM TO 10:00 PM MONDAY THROUGH FRIDAY AND SATURDAY AND SUNDAY 9:00 AM TO 6:00 PM IF THAT INFORMATION HELPS
BECAUSE I KNOW THERE'S, UH, THAT'S MR. V OLAND HAS INDICATED THERE ARE OTHER CONSIDERATIONS HERE.
HELLO? UM, I'M JEAN LAFA AND I HAVE NOT BEEN SWORN IN, BUT I DO PROMISE TO TELL THE TRUTH.
ONE IS THAT THE SIGN THAT WE HAD BEFORE WAS APPROVED AS A LIGHTED SIGN.
THE SYMBOL SIGN WAS APPROVED AS A LIGHTED SIGN.
THIS IS SIMPLY TO CHANGE OUT THE SYMBOL.
THAT'S THE ONLY DIFFERENCE IS THAT THE CHURCH DECIDED TO CHANGE THE SUM REASON THAT WE'RE NEEDING A VARIANCE BECAUSE THE PREVIOUS SYMBOL WAS APPROVED.
THE SECOND THING IS, IS AS TO OUR HOURS OF OPERATION, YES, WE OPERATE FROM 9:00 AM TILL 10:00 PM DURING THE WEEK AND FROM 9:00 AM TILL 6:00 PM ON THE WEEKENDS.
WE DO HAVE EVENTS AT THE CHURCH.
AND WHEN WE DO HAVE THOSE EVENTS, WE WOULD HAVE THE SIGNAGE LIT AS WE SIGNAGE LIT AS WELL.
SO I WANTED YOU TO KNOW THAT IF YOU SAW ON A SATURDAY NIGHT THAT AT 10 30 AT NIGHT IT WAS STILL LIT, THAT WOULD BE BECAUSE THAT WE ARE HAVING AN EVENT THERE.
AND WE DO HAVE COMMUNITY EVENTS AS WELL AS CHURCH EVENTS.
SO SOMETIMES WE WOULD HAVE THE, THE CHURCH OPEN FOR THOSE COMMUNITY EVENTS AS WELL.
AND I'LL BE GLAD TO ANSWER ANY OTHER QUESTIONS THAT YOU HAVE ON THAT.
ACTUALLY, YOU HAVE A, I HAVE A QUESTION.
UM, SORRY, JUST WANNA MAKE SURE I HEARD THAT RIGHT.
YOU WERE SAYING THAT THERE WAS A SIGN THERE.
AND THEN Y'ALL REBRANDED? YES, I HAVE THE LOGO.
SO IT'S JUST A NEW LOGO, BUT BECAUSE OF THE MISTAKE IN THE UNO ORDINANCE AMENDMENT? THAT'S EXACTLY RIGHT.
THAT PREVIOUS SYMBOL SIGN WAS APPROVED.
UH, LET ME GET BACK TO THE MOTION REAL QUICK.
SO BOARD MEMBER SMITH, I THINK THIS IS GONNA QUALIFY AS WHAT'S CONSIDERED A LUMINOUS ZONE FOUR.
UH, WHICH IS ALREADY LIKE REALLY BRIGHT 160, UH, CANDELA PER SQUARE METER.
UH, CUZ GUADALUPE IS JUST CRAZY BRIGHT ALREADY.
[00:25:01]
OR THAT BACK FLIP? I'M SORRY.THAT SOUNDS ALMOST LIKE L E D.
AND THAT, THAT'S FOR, THAT'S THE CLOSEST I CAN COME TO IT THOUGH.
IT IS BEHIND, WHICH IS ACCORDING TO MAKE IT CONSIDERABLY, CONSIDERABLY DIMMER.
I I MEAN MAYBE IT PROBABLY MADAM CHAIR A GRADUAL BRIGHTNESS REDUCTION.
NO, THAT WOULDN'T WORK FOR BACKLIT EITHER.
IT'S PROBABLY GONNA BE UNDER THE, UH, I B C OR THE, WHAT IS THE, THE ELECTRICAL.
UH, THAT'S PROBABLY WHAT, HOW THIS ONE'S GONNA BE RATED BECAUSE IT'S NOT L E D, IT'S BACK LIT.
YEAH, THAT'S WHAT I'M THINKING TOO.
AND I'M NOT EVEN SEEING LIKE, CLEAR GUIDELINES ON BACK LIT, UH, LIGHTING.
DO YOU, DO YOU BY CHANCE, DO ANY OF Y'ALL KNOW HOW BRIGHTON IS OR NO, I'M SORRY.
I DON'T, I I I DON'T KNOW HOW, SO IT'S KIND OF LIKE WHEN FOR BACKLIT, I DON'T KNOW HOW WE CAN APPLY ANY OF THESE STANDARDS WITHOUT USING A CURFEW.
WELL, BUT I MEAN IT'S IT'S INDIVIDUALLY LIT, NOT IT, IT'S A BACK LIT ON A SOLID YEAH.
WHICH IS LIKE YOU WOULD DO ON A SCENIC ROADWAY.
SO I DON'T, I DON'T KNOW HOW YOU WOULD DO SOMETHING.
MORE STRINGENT THAN WHAT YOU WOULD DO ON A SCENIC ROADWAY.
AND MADAM CHAIR, AS A MATTER OF FACT, IT DOES STATE THE SIGN IS INTENDED TO BE INSTALLED IN ACCORDANCE WITH REQUIREMENTS OF ARTICLE 600 OF THE N E C.
SO THEY'RE NOT, YOU KNOW, THAT'S FOR THE NATIONAL ELECTRIC CODE, NOT THE, NOT THE, UH, DARK SKIES.
LIKE I SAID, MORE TO PUT IT UNDER DARK SKIES IS GONNA BE, IT'S, YEAH, I DON'T THINK IT REALLY, I DON'T KNOW.
IT'S UNDER A THOUSAND WATTS IN TOTAL ON THE LEDS.
I MEAN THAT IT'S NOT VERY BRIGHT, ESPECIALLY IF IT'S BEHIND A, A PLACARD.
I MEAN A, A PLASTIC, IT'LL BE VERY MUTED.
UH, I WOULD SUGGEST THAT YOU HAVE A CAPABILITY OF DIMMING, BUT THAT'S ALL UNDER A THOUSAND WATTS TRANSLATES TO, I MEAN IT'S, THIS IS BRIGHTER ALSO LIKE 2,500 LUMEN LIGHTS BOARD MEMBERS.
YOU MEAN MY, COULD YOU RECER ACTION OVER HERE.
HELP ME OUT A LITTLE HERE CUZ I'M STRUGGLING.
UH, YEAH, I, IT'S, LOOK, IT'S NOT A BIG DEAL FOR ME.
I'M JUST, I JUST WAS WANTED TO, I WE'VE HAD THE DISCUSSION.
I MEAN, UM, MAYBE I SHOULD JUST WITHDRAW THE, WITHDRAW THE PROPOSED AMENDMENT, UH, FRIENDLY OR OTHERWISE
I MEAN, NORMALLY, YOU KNOW, I'M ENVIRONMENTALIST.
I SUPPORT DARK SKY COMPLIANCE.
I'M TOO, DON'T KNOW HOW TO APPLY IT HERE.
UH, AND ALSO THAT SOUNDS LIKE, SOUNDS LIKE MINE.
SO YOU'RE WITHDRAWING THE AMENDMENT MADAM CHAIR.
ALSO THE FACT THAT THEY ALREADY HAD A PERMIT FOR A BACK LIT LIGHT ONCE.
IT'S JUST A ACTUAL CHANGE OF, OF THE, WELL, I GET CALL YOUR LOGO.
IT'S A CHANGE OF THE LOGO, BUT IT'S STILL GONNA BE LIT THE SAME AS WHAT WAS THERE.
OH, I FEEL I'VE MADE IT VERY CLEAR WHERE I STAND ON THAT
UH, I FEEL LIKE WE SHOULD JUST PASS THESE NOT HAVING TO HEAR ANYTHING, BUT WE'RE NOT SO CAN I DO THAT? I HAD, I HAD ONE OTHER QUESTION.
BOARD MEMBER PUT, UH, WE'RE TALKING ABOUT THE PREVIOUS LET GO.
UH, AND IT WAS APPROVED TO BE LIGHTED.
I WAS WONDERING IF WE KNEW, OR IF, IF THE APPLICANT KNOWS HOW LARGE THAT PREVIOUS SIGN THE SYMBOL WAS.
CUZ THIS IS LIKE 144 SQUARE FEET.
THEY'RE THEY'RE THE SAME SIZE.
JUST A, IT'S JUST A REALLY A CHANGE IN THE SHAPE OF THE LOGO ITSELF AS JEAN POINTED OUT.
IT WAS ALREADY, THANK YOU THERE.
WELL, WE DO HAVE A MOTION TO APPROVE MADE BY BOARD MEMBER HAWTHORNE.
SECONDED BY BOARD MEMBER BON OLAN.
SO WHY DON'T WE GO AHEAD AND TAKE THE VOTE, BECAUSE I THINK WE WE'RE WELL, HOW ABOUT IF I DO SOME FINDINGS? I DO SOME FINDINGS.
HOW IF I DO SOME FINDINGS, FINDINGS OVER HERE, I FEEL SOME, SOME FINDINGS COMING ON THE GRINNING OF THIS EXPERIENCE WILL NOT HAVE A SUBSTANTIAL ADVERSE IMPACT UPON NEIGHBORING PROPERTIES BECAUSE OTHER NEIGHBORING PROPERTIES HAVE ILLUMINATED SIGNAGE.
THE SIGNAGE FOR THIS BUILDING IS ILLUMINATED AND THE PREVIOUS LOGO WAS ALSO ILLUMINATED AND PERMITTED.
GRINNING VARIANCE WOULD NOT PROVIDE THE APPLICANT WITH
[00:30:01]
A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHER SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED BECAUSE THERE ARE OTHER PROPERTIES IN THE SAME AREA THAT ALSO HAVE ILLUMINATED LOCOS AND ILLUMINATED SIGNAGE.MOTION TO APPROVE MADE BY BOARD MEMBER HAWTHORNE.
SECONDED BY MY MICHAEL VAN OLAN.
YOUR VARIANCE HAS BEEN GRANTED.
THANK YOU SO MUCH FOR YOUR PATIENCE AND HAVE A GREAT NIGHT, Y'ALL.
[4. C15-2023-0003 Stanley Martin 1104 Lorrain Street]
ITEM FOUR.UH, ITEM NUMBER FOUR C 15 20 23 0 0 0 3.
STANLEY MARTIN FOR 1104 LORRAINE STREET.
MR. MARTIN, ARE YOU HERE? YES.
LET'S GET, UH, YOUR PRESENTATION IS UP.
PLEASE STATE YOUR NAME FOR THE RECORD.
WHEN YOU WANT TO ADVANCE THE SLIDE, JUST LET HIM KNOW.
GOOD EVENING, MEMBERS OF THE BOARD AND THANK YOU FOR YOUR TIME AND CONSIDERATION HERE.
UH, MY NAME IS STAN MARTIN AND I ALSO HAVE HERE, UH, THIS EVENING MY WIFE KAREN, THREE OF OUR FIVE, UH, TEENAGERS.
AND, UH, MY FATHER, LIEUTENANT COLONEL RETIRED RON MARTIN.
SO AS YOU LOOK AT THE SLIDE, OUR, UH, OUR HOME IS JOURNEY LOOKED LIKE THIS PHOTO SINCE I BOUGHT THE HOUSE IN 2005.
UH, OTHER THAN OCCASIONAL CHANGES FOR PAINT, UM, OUR FAMILY HAS LIVED, UH, GROWN UP, UH, IN THE HOUSE FOR 18 YEARS, UH, TO INCLUDE MY DAD LIVING THERE IN THE IN-LAW SUITE FOR THE PAST FIVE YEARS, UH, THROUGH THE PANDEMIC.
UNFORTUNATELY,
AND, UM, THOUGH THE, UH, HOUSE WAS WATER AND SMOKE DAMAGED, UH, WE WERE SAFE AND THEY PREVENTED THE SPREAD OF THE DAMAGE TO THE REST OF THE NEIGHBORHOOD.
AS YOU CAN SEE, UH, IT'S BEEN, UH, SOMETHING OF A YEAR.
SO, UH, TO RECOVER FROM THIS, WE'VE EVALUATED HOW TO UTILIZE, UH, OUR HOME TO, TO, TO MEET OUR FAMILY NEEDS GOING FORWARD.
AND SO, UH, WE'RE HERE TO FORMALLY REQUEST AN INCREASE IN THE GROSS, UH, FLOOR AREA FROM, UH, 28 0 8 SQUARE FEET TO 29 58 SQUARE FEET.
UH, 150 SQUARE FOOT INCREASE, UH, 3% F A R.
SIR, THIS IS OBVIOUSLY THE FORMAL, UH, REQUEST DESCRIPTION.
UM, I WILL NOT READ THE WHOLE THING TO THE, TO THE BOARD HERE, UH, BUT I WOULD JUST HIGHLIGHT THE FOLLOWING ITEMS. UM, THE INCREASE WE FEEL IS UNIQUE TO THE AREA, UH, DUE TO THE NEIGHBORHOOD AREA'S, SMALL LOT SIZE, UH, THIS IS A REASONABLE REQUEST AND REASONABLE REQUEST, UH, HAVE BEEN GRANTED FAR INCREASES IN THE NEIGHBORHOOD AT APPROXIMATELY ABOUT 25%, AS I'LL SHOW IN A SLIDE IN JUST A MOMENT.
UM, WE THINK THAT AN EXCLUSION HERE WOULD BE SOMETHING OF AN ANOMALY FOR A A, A VALID USE CASE.
[00:35:01]
SPECIFIC CONFIGURATION OF THIS, UH, PROPERTY LACKS ADA ACCESSIBILITY BETWEEN AND, UM, AND WITHIN THE RESIDENCE ITSELF.AND I'LL ALSO SHOW THE SLIDE, UM, WE DON'T THINK THAT OUR REQUEST IS GENERAL TO THE NEIGHBORHOOD IN THE AREA IN THE SENSE THAT GENERALLY ATTACHED ATTACHED IN-LAW SPACES LIKE THIS HAVE COMMON ACCESSIBILITY WITHIN THE SPACE.
UM, SO THIS IS NOT COMMON, UM, UH, CONFIGURATION.
AND AS I SAID, IT DOESN'T CURRENTLY MEET AN ADA PRACTICE.
UM, UH, YOU KNOW, PRACTICES, EXCUSE ME.
UM, OUR, OUR REQUEST, I THINK WE SUPPORT SEVERAL CLARKSVILLE AND, UH, OLD WEST AUSTIN NEIGHBORHOOD ASSOCIATION COMMUNITY GOALS.
UH, WE ARE MAINTAINING THE HISTORICAL NATURE AND STREETSCAPE.
THIS CHANGE IS NOT VISIBLE TO THE PUBLIC AT ALL.
UH, IT SUPPORTS MULTI-GENERATIONAL HOUSING, UH, ADA COMPLIANCE, I'VE SAID A COUPLE OF TIMES.
AND IT DOES FINALLY INCORPORATE THE, THE RESIDENTS INTO MORE OF A CONTINUOUS UNIT.
UM, TO HELP THIS REQUEST, I'VE INCLUDED A FEW SLIDES FOR ORIENTATION, SIR.
UM, THIS IS A TOP DOWN SNAPSHOT OF THE SURVEY AND I'VE HIGHLIGHTED THE BACK OF THE STRUCTURE.
THE, THE BASE OF THE PAGE IS THE FRONT OF THE HOUSE OR THE STREET.
THE HIGHLIGHT IN THE BACK WITH THE ARROW POINTING TOWARDS IT IS THE AREA OF REQUEST COMPLETELY INVISIBLE TO THE PUBLIC.
UM, THIS DIAGRAM, SNAPSHOT AND, AND ACTUAL PHOTOS OF THIS SPACE, UH, REALLY REFLECT THAT WE'RE TALKING ABOUT A SMALL SPACE THAT'S ALREADY MOSTLY ENCLOSED, IF YOU WILL.
IT'S THE SECOND STORY OVERHANGS, THIS SMALL PORTION OF THE DECK THAT WE ARE TRYING TO FULLY ENCLOSE.
AND AS YOU CAN SEE, UH, THE APARTMENT ACCESS IS AT THE FAR END OF THE PHOTO.
THAT, UH, THIS WOULD BE THE ADA ACCESS HALLWAY FROM THE IN-LAW SUITE TO THE MAIN COMMON AREA OF THE KITCHEN AREA.
GO AHEAD AND TAKE AN EXTRA 30 SECONDS.
DON'T GIVE AN EXTRA 30 TO THE OPPOSITION.
THIS IS A TOP DOWN VIEW THAT JUST SHOWS THAT, UH, THE OVERHANG WOULD BE CONVERTED INTO THIS OPEN SPACE, UM, TO ACCESS.
UM, LASTLY ON THE LAST SLIDE, UM, WE WENT, UH, WE'VE LOOKED AT DATA.
THIS IS JUST DATA POINTS ON FAR EXCEPTIONS IN THE IMMEDIATE VICINITY.
WE'VE, WE'VE GONE DOOR TO DOOR IN THE NEIGHBORHOOD OBTAINING LETTERS AND REVIEW WITH THE, UH, I GUESS MY NEIGHBORS HAVE, YOU KNOW, 18 YEARS.
AND THIS, UH, THIS PARTICULAR LETTER IS OF SUPPORT IS FROM OLD WEST AUSTIN NEIGHBORHOOD ASSOCIATION, JUST REFLECTING THAT COMMUNITY.
AND IF I COULD JUST GET YOU TO WRAP IT UP IN ONE THAT, THAT'S, IT'S, UH, APPRECIATE THE TIME, UH, SURE.
AND WE'RE LOOKING FORWARD TO MOVING BACK IN WITH YOUR HELP.
IS THERE ANY OPPOSITION? SCENE NINE.
I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING AND QUICKLY SAY FOR THE SIX OF YOU WATCHING ON A T X N AND ANYBODY IN THE AUDIENCE, IF YOU KNOW A FIREFIGHTER EMT, NEXT TIME YOU HEAR THAT THEY NEED A PAY RAISE, I WANT YOU TO THINK ABOUT THIS BECAUSE YOU NEVER KNOW THAT YOU NEED 'EM UNTIL YOU REALLY, REALLY NEED 'EM.
AND THEN YOU'RE GLAD THEY'RE THERE.
THEY'RE VERY IMPORTANT AND WE'RE NOT PAYING THEM TO SIT AROUND.
WE'RE PAYING THEM TO WAIT AND SHOW UP WHEN YOU NEED A I'S JUST, SORRY, MY SOAPBOX, UH, BOARD MEMBER LAN WHAT TO ADD TO THAT? UH, FIREFIGHTERS ARE NORMALLY YOUR FIRST RESPONDERS REGARDLESS OF WHAT EMERGENCY YOU'RE AT.
SO, UH, BUT UH, I LOOKED AT THIS AND I WENT OVER IT QUITE A BIT.
I, I THINK THE ASK IS VERY MINIMAL.
I KNOW HOW WE ARE ABOUT FARS, BUT 150 SQUARE FEET, IT'S, IT'S EXISTING, IT'S THERE.
THEY'RE JUST CLOSING IN AN EXISTING AREA.
UH, I'M GONNA MAKE A MOTION TO APPROVE.
SO I DO HAVE A, I HAD PROBABLY SECOND IT, BUT I'M GONNA STARE AT BROOKE CUZ IT'S IN HER NEIGHBORHOOD.
WAS THAT A QUESTION OR A SECOND? YEAH, I HAD A QUESTION.
I CAN, I CAN HOLD OFF ON MY QUESTION LOOKING FOR THAT SECOND TWO FINGERS.
I'LL SECOND IT, BUT I, I HAVE A QUICK QUESTION.
UM, ABOUT, IT'S ABOUT THE MINIMUS.
UM, ON THIS, I SEE THAT THE DOOR IS ABOUT HALFWAY DOWN, THIS OPENING THAT YOU WANNA ENCLOSE.
WOULD YOU BE OPENING OPEN TO JUST ENCLOSING, TO JUST PASS THAT DOOR TO MINIMIZE THE SQUARE FOOTAGE THAT YOU'RE ASKING FOR? UH, WE'VE,
[00:40:01]
IT, IT WOULD, UM, IT WOULD BE EASIER IF IT WAS JUST OPEN INTO THE WHOLE OPEN SPACE, I GUESS IS HOW OUR APPROACH HAS BEEN.SO I, I'D ASK THAT WE'VE RECEIVED THE FULL CONSIDERATION AND IT'S, IT'S, IT'S, UH, IT, IT'S THAT THAT SPACE IS APPROXIMATELY 10 FEET OF LENGTH.
I'M VERY FAMILIAR WITH THAT STREET.
MY GRANDPARENTS USED TO LIVE ON IT
SO, UM, I WAS JUST TRYING TO MINIMIZE YOUR ASK BECAUSE IT'S, UM, IT MAKES IT EASIER FOR IT TO PASS SOMETIMES WHEN, UM, IT'S MINIMIZED, UM, TO, YOU KNOW, INSTEAD OF ASKING FOR MORE, ASKING FOR JUST WHAT YOU NEED.
AND SO THAT'S WHY I WAS ASKING THAT.
I MEAN, I'VE ALREADY SECONDED THE MOTION, SO I'M FINE WITH, SORRY, ONE SEC.
UH, BOARD MEMBER PUT MY QUESTION RELATED TO WHERE THE OVERHANG IS, DOES NOT APPEAR TO GO ALL THE WAY TO THE, TO THE CORNER OF THE HOUSE.
SO I'M TRYING TO FIGURE OUT, IT LOOKS LIKE YOU'RE GONNA BE ENCLOSING MORE THAN WHAT IS SHOWN AS THE, AS THE COVER ON ITEM ON PAGE 13.
CAN YOU TELL ME HOW MUCH FURTHER OUT YOU'RE TALKING ABOUT GOING UNTIL YOU REACHED THAT, UH, CORNER, THAT BACK CORNER OF THE HOUSE? SURE.
I'M, I'M, I'M SPECIFICALLY LOOKING AT, AT PAGE 14, I'M SORRY.
IS THIS 13 OR 14? UH, I'M SORRY.
YEAH, I WAS LOOKING AT THE BACKUP MATERIALS IN THE PRESENTATION MATERIALS.
IT IS PAGE FIVE, BOTTOM OF PAGE FIVE.
SEE THAT GRAY, SEE THE GRAY AREA THERE WHERE YOU'VE GOT THE OVERHANG AND THAT DOESN'T GO ALL THE WAY TO THE BACK CORNER.
SO HOW MUCH, IN ADDITION TO WHAT WE SEE THERE ON THAT PICTURE, AREN'T WE TALKING ABOUT BEING ENCLOSED? IT, IT, IT'S A GOOD QUESTION.
IT IS TRULY JUST THAT SECOND FLOOR OVERHANG AND THE, THE, FOR THE ORIENTATION FOR THAT PHOTO THAT I TOOK MY BACK IS AGAINST THE FENCE TO MY NEIGHBOR.
SO THAT IS THE EDGE OF THE HOUSE YOU'RE SEEING WHERE THAT THOSE TWO FANS ARE SITTING AND THAT, THAT LAST LITTLE BRICK THAT IS THE EDGE OF THE HOUSE.
I WAS, I WAS GONNA SAY IT'S STILL, I'M STILL OKAY WITH IT CUZ IT'S UH, IT'S, IT'S A VERY SMALL ASK AND, UH, SO EVERY TIME I HEAR THE WORD DI MINIMUS, I THINK OF BRIAN
I DON'T KNOW IF HE WATCHES LISTEN TOO, BUT I THINK IT IS A VERY SMALL ASK.
DON'T SEE THE, UH, OUR, UH, REMOTE PARTICIPANTS REAL QUICK, PLEASE.
AND I THINK ANOTHER THING MADAM CHAIR, JUST TO CLOSE UP WITH IS THE FACT THAT OHANA IS GOOD WITH IT.
THEY, THEY ARE VERY DILIGENT ABOUT AND VERY TIGHT ON WHAT THEY, THEY SUPPORT.
AND ALSO THE NEIGHBORS ARE VERY SUPPORTIVE BOARD MEMBER.
MACARTHUR, DO YOU HAVE A QUESTION? YEAH, I JUST HAD A QUICK QUESTION ON THE DRAWING ITEM.
OH FOUR FOUR OF THE PRESENTATION IT SAYS EXISTING STRUCTURE AND PROPOSED BUILDING.
BUT I UNDERSTAND, ARE YOU BUILDING A NEW BUILDING OR ARE YOU JUST REPAIRING THE FIRE DAMAGE BECAUSE OF THE WORDING ON THIS SPOT? UM, THE STRUCTURE IS THERE.
THE STRUCTURE SURVI, THE, THE SHELL IF YOU WILL SURVIVED THE FIRE THE ENTIRE INSIDE OF THE MAIN STRUCTURE.
THE MAIN HOUSE HAS BEEN GUTTED DUE TO SMOKE AND WATER DAMAGE.
BUT WE'RE, WE'RE NOT BUILDING, WE'RE NOT EXPANDING THE SIZE OF THE HOUSE, THE INTERIOR OF THE HOUSE IN ANY WAY.
SO NO TOTAL DEMOLITION OF THE FRONT? NO.
IS THAT WALL AND EVERYTHING STILL THERE? I'M SORRY, THE WALL AND EVERYTHING IN THE PICTURE IS STILL THERE.
I'M WAIT, I'M SORRY, WHICH WALL? JUST, I WANNA MAKE SURE YES, THE WALLS ARE STILL THERE ON THE PICTURE.
WE WERE JUST LOOKING AT WHERE THE FANS ARE IN THE BACK DOOR.
THAT, THAT'S A PICTURE I TOOK LIKE A FEW WEEKS AGO OR OKAY.
TWO MONTHS AGO BEFORE HANDING IT TO ELAINE.
UH, MA'AM, BOARD MEMBER BLOOM.
UM, SO ON THE BACKUP ON, SORRY, I'M, MY SCREEN IS VERY SMALL.
UM, AND IT'S SHOWING THE EXISTING BUILDING, PROPOSED BUILDING, IT LOOKS LIKE THE SIDE OF THE BUILDING, I DON'T KNOW WHAT DIRECTIONS IS, IS ACTUALLY IN THE SETBACK ON THE SIDE YARD SIDE.
UM, AND IF THAT'S THE CASE AND YOU'RE EXTENDING THE PROPERTY, THE STRUCTURE FARTHER BACK WITH YOUR ENCLOSURE, YOU'RE POTENTIALLY OUT OF COMPLIANCE WITH THE SETBACK.
[00:45:01]
THAT BEEN ADDRESSED? I DO NOT BELIEVE WE ARE IMPACTING A SETBACK ITEM, BUT I THINK WE SHOULD THE RIGHT PICTURE JUST TO MAKE SURE WE'RE, WE'RE ALL THINK THAT IN 25 TO WANNA MAKE SURE THAT I'M, IS IT 5 31? YOU CAN EXTEND 5 13, 31 13.IS THIS THE PICTURE MA'AM? YOU'RE, YOU'RE REFERRING TO? JUST MAKE SURE NO, NO, IT'S UM, BACKUP ITEM.
IT'S FOUR EIGHT, IT'S SHEET C ZERO THREE SITE PLAN IN THE BACKUP.
YEAH, THAT'S ITEM 48 IN THE BACK, WHICH HE MAY OR MAY NOT HAVE.
AND IT MAY BE THAT A TOP, THAT ONE OF THE TOP DOWN VIEWS MIGHT, UH, MAYBE EVEN, UM, MY SNAPSHOT OF THE, OF THE SITE SURVEY MIGHT BE THE EASIEST WAY TO ADDRESS THAT QUESTION.
WELL I THINK IT'S JUST, UM, YEAH, WELL BARBARA'S QUESTION EARLIER, EARLIER ABOUT THE WHAT WAS BEING BUILT THAT CLARIFIED IF, IF THIS HELPS RIGHT HERE.
SO JUST FOR THE FRONT OF THE HOUSE, THE STREET IS AT THE BASE AND I HAVE NEIGHBORS ON EITHER SIDE AND A NEIGHBOR LOT EIGHT TO THE REAR.
SO THE HIGHLIGHTED BLUE IS THE, IS THE OVERHANG THAT WE'RE JUST TRYING TO FULLY ENCLOSE.
WE'RE NOT EXTENDING THE BUILDING IN ANY WAY TOWARDS A PERIMETER.
BUT YOU'RE ENCLOSING A STRUCTURE THAT'S ENCROACHING IN THE SETBACK.
AND I BELIEVE COMMISSIONER HAWTHORNE, UM, CLARIFIED THAT MIGHT BE THE ANSWER TO MY QUESTION.
THAT'S NOT THE DRAWING THAT'S SHOWING THE SETBACK ISSUE THOUGH.
UH, WHAT I'M THINKING OF IS IN THE NONCONFORMING SECTION, NON COMPLYING SECTION, SO YOU CAN CONTINUE IT FOR, COME ON, HELP ME OUT ELAINE.
I THINK 8 99 OR FOUR, SORRY, WHAT WAS THAT, ELAINE? 25 TO 8 99 OR 8 94.
IT'S IN THE NON-COMPLIANCE SECTION WHERE YOU CAN CONTINUE IT A CERTAIN DISTANCE NOT TO EXCEED A CERTAIN DISTANCE IF YOU'RE IN A, IF YOU'RE IN A YARD.
UM, I GET, I GET NON-COMP COMPLYING AND NON-COM FORMING SWITCHED IN MY HEAD.
UM, SO I HAVE TO LOOK AT THEM BOTH.
OH, 25 2 9 63 IS NON-COMPLIANT.
SO IN 5 31, 5 13 IS THE OPENNESS OF YARD EXCEPTIONS OPENNESS OF REQUIRED YARDS 25 2 5 13.
IS THAT WHAT Y'ALL ARE TALKING ABOUT OR WHAT Y'ALL TALKING ABOUT POTENTIALLY? NO, WE'RE TALKING ABOUT IF SHE, IF HE'S IN THE SETBACK, HE CAN EXTEND IN THE SETBACK.
I DON'T THE, THE F A R AND THE SETBACK ARE LIKE TWO DIFFERENT ISSUES.
CHAIR HAWTHORNE, ARE WE VICE CHAIR? UM, ARE YOU TALKING ABOUT 25 2 963 E THAT'S OH, THAT'S OR F THINK I AM BUT ME AND ME AND UH, MONICA MODIFICATION AND MAINTENANCE NON-COMPLIANCE STRUCTURE OF UH, BUT YOU'RE NOT TALKING ABOUT THE HEIGHT OF A BUILDING.
YOU'RE TALKING ABOUT THE LENGTH.
SO THAT IS 25 2 963 F I BELIEVE DOES NOT EXTEND FURTHER INTO THE REQUIRED YARD SETBACK THAN THE EXISTING NON-COMPLIANT PORTION OF THE BUILDING EXCEPT FOR VERTICAL CHANGE AND FINISH FLOOR ELEVATION ALLOWED UNDER SUBSECTION TWO.
I'M SORRY BECAUSE IT'S COVERING THE EXISTING PORCH ALREADY? NO, IT'S NUMBER TWO F 2 25 2.
THE ADDITIONAL LENGTH OF A MODIFIED PORTION OF THE BUILDING DOES NOT EXCEED THE LESSER OF 50% OF THE LENGTH OF THE EXISTING NON-COMPLIANT PORTION OF THE BUILDING.
OR 25 FEET MEASURED FROM THE EXISTING BUILDING.
SO IF THAT APPLIES THEN, THEN THEY'RE GOOD.
THAT APPLIES TO THE SETBACK AND HE'S HERE FOR THE FAR RIGHT.
SO IT GOES UNDER THE NON-COMPLIANT CUZ HE'S ALREADY IN THE SETBACK SO HE CAN EXTEND IN THE SETBACK.
HE JUST DOESN'T HAVE THE FAR TO DO IT.
AND, AND THE BUILDING, THE RESIDENTIAL REVIEWER WILL APPLY THAT IN THEIR PERMIT.
LIKE THEY'LL NOTE ALL OF THAT IN THE PERMIT THAT'S EXISTING.
I JUST WANTED TO MAKE SURE WE DIDN'T HAVE A POSTING ISSUE.
IF YOU COULD JUST FOLLOW ANY OF THAT.
SORRY, I WAS MUTTERING I WAS TRYING TO REMEMBER THE NUMBERS.
[00:50:01]
OKAY.IF I COULD SEE MY REMOTE PARTICIPANT.
UH, BOARD MEMBER PR I HAD A QUESTION.
UM, AS I READ THROUGH THE APPLICATION MATERIALS, IT LOOKS LIKE YOU, YOU, YOUR FAMILY CONSTRUCTED THIS, UH, ADDITION IN LIKE 2014 2015.
WE DID THAT WITH THE PREVIOUS BOARD'S APPROVAL.
I'M SORRY, I DON'T REMEMBER THE NAME OF THE, THE PREVIOUS BOARD THAT HAS EXISTED THEN.
WELL, I'M TRYING TO FIGURE OUT, UM, IT, IT LOOKS LIKE YOU DESIGNED IT AND GOT APPROVAL OR BASICALLY HAVING ACCESS FROM THAT APARTMENT INTO THE BEDROOM AND THEN AROUND, THROUGH THE BEDROOM INTO THE KITCHEN LOOKS TO ME LIKE YOU'RE JUST TAKING ADVANTAGE OF THIS SITUATION TO CHANGE THE ACCESS THAT YOU BASICALLY USED AS THE BASIS FOR GETTING APPROVAL OF THE CONSTRUCTION DEPARTMENT IN THE FIRST PLACE.
SO CAN YOU EXPLAIN WHY THERE'S NOW A NEED TO CHANGE ACCESS FROM THE WAY YOU HAD IT DESIGNED WHEN YOU ORIGINALLY HAD IT APPROVED? YEAH, ABSOLUTELY.
ON YOUR, YEAH, ON YOUR PRESENTATION.
I THINK IT'S PAGE SIX, RIGHT? SO, UH, YOU, YOU, UH, CORRECT IN THAT, UH, THIS IN-LAW SUITE WAS ADDED BY US IN 20 14, 20 15.
THE BOARD AT THE TIME REQUIRED US TO, UH, BRING THAT SPACE UNDERNEATH THE OVERHANG.
UH, AT THE TIME, UM, UH, MY DAD AND HIS WIFE AT THE TIME WHO'S A, UH, GOING THROUGH CANCER TREATMENT, UH, WERE LIVING WITH US IN THAT BEDROOM.
UH, AND MY FAMILY AND I LIVED IN THE REST OF THAT HOUSE AND WE BUILT THAT SPACE FOR THEM WHILE LIVING IN IT.
SO TO TO YOUR QUESTION IS, UH, IT WAS AT THE TIME THE BEST, UH, WE COULD ACCOMPLISH WITH THE BOARD'S GUIDANCE AND REQUEST.
UM, BUT IT REALLY DID NOT, WE DID NOT ANTICIPATE THE CURRENT NEED, WHICH IS TRUE ADA ACCESS, WHERE WE HAVE A WHEELCHAIR ACCESS, THAT RED APPROACH WITH, UH, FIVE TEENAGERS AND, UH, YOU KNOW, AND SEVERAL ADULTS IS JUST NOT A PRACTICAL, IT'S JUST NOT PRACTICAL.
AND IT'S, LIKE WE SAID, THE OVERHANG THAT IS MOSTLY ENCLOSED ALREADY GIVES A TRUE ADA ACCESS AND BRINGS THE TWO PIECES OF THE HOUSE INTO MORE OF A CONTINUOUS UNIT THAN, UH, A, A PASS THROUGH A BEDROOM.
SO IS THE, IS THE DOOR GOING INTO THAT PROPOSED AREA? IS IT WIDER THAN THE DOOR THAT'S GOING INTO THE BEDROOM? FOR THE CURRENT ACCESS, YES.
IT'S, IT'S MEANT TO BE DESIGNED FOR EXTERIOR PASS THROUGH.
UM, WITH, AND, UH, SO WITH THAT OVERHANG, THE DOOR IS THERE, IT'S AN EXTERIOR DOOR, RIGHT WHERE THE, THE LETTER O AND THE WORD OVERHANG IS, YOU SAW IT IN THE PICTURES.
UH, THAT WOULD BE THE, YOU KNOW, CLOSED, YOU KNOW, PRIVACY DOOR AND THEN THE HALLWAY ACCESS WOULD LEAD RIGHT INTO AN OPEN KITCHEN.
AND, UM, MS. BAILEY, THAT'S PART OF THE REASON WE ARE LOOKING TO JUST KEEP IT SIMPLE.
THAT'S JUST A HALLWAY INTO THAT SPACE THAT'S WIDE OPEN.
SO, I'M SORRY, SO TO GO BACK TO WHAT YOU JUST SAID, SO ARE YOU GOING TO REMOVE SOME OF THE WALL IN THE KITCHEN? THE, THE, WHERE THE, SO IT WON'T BE TWO DOORS, IT'LL BE ONE DOOR AND THEN AN OPENING.
OH, YOU'RE GONNA REMOVE THAT EXTERIOR WALL IN THE KITCHEN RIGHT WHERE THE EXTERIOR WALL, WHERE THE WORD KITCHEN SITS RIGHT NOW? YES.
ISN'T IT, WE'RE JUST GONNA, THAT'S GONNA GO AWAY.
IT'S JUST GONNA BE AN OPEN SPACE DOWN THAT HALLWAY INTO THE KITCHEN.
IT'S JUST A HALLWAY BASICALLY.
I SEE THAT, UM, YOU ASKED FOR A SHORT TERM RENTAL TYPE ONE ON THIS PROPERTY.
ARE YOU RENTING IT OUT AS AN S T R? IT HAS BEEN USED THAT WAY.
UH, RIGHT NOW IT'S VACANT CUZ IT'S GUTTED.
BUT YES, WE HAVE USED IT THAT WAY SINCE, UH, 2013 WE GO ON VACATION AND RENTED OR SOMETHING ALONG THOSE LINES.
[00:55:02]
MY DAD, LIKE I SAID, LIVED IN THE IN-LAW SUITE FOR THE PAST FIVE YEARS.UM, WE'VE JUST BEEN OUT OF THE PROPERTY FOR THE, UM, THE FIRE.
I HAD TO MOVE HIM OUT, UH, BECAUSE OF THE CONSTRUCTION THAT'S GONNA OCCUR.
SO
SO WE, WHEN YOU'RE RENTING IT AS AN S T R, ARE YOU RENTING THE IN-LAW SUITE AS AN S T R OR THE HOUSE IS AN S T R? UH, WE'VE, WE'VE, UH, RENTED THE HOUSE, THE, THE MAIN PORTION.
SO YOU'LL STILL WANT TO HAVE THE ACCESS FROM THE IN-LAW SUITE INTO THE MAIN HOUSE? IT, IT, IT IS, YES.
I WOULD, THIS ISN'T ON A REGULAR BASIS, THIS IS JUST WHEN YOU'RE OUT OF TOWN THAT YOU RENT THE ENTIRE PROPERTY IS WHAT YOU'RE SAYING? WELL, JUST THAT, THAT MAIN BOX, UH, WHEN WE HAVE RENTED IT, UM, WE'VE NOT RENTED THE, THE IN-LAW SUITE EVER.
YOU'VE NEVER RENTED THE IN-LAW SUITE? YEAH, ONLY THE MAIN HOUSE.
AND YES, IT'S, WHEN WE, QUICK, QUICK QUESTION FOR ME THEN.
IS THE EXTERIOR DOOR, UH, THAT LEADS OUT TO THE CURRENT, UH, PATIO FROM THE IN-LAW SUITE GOING TO, UH, REMAIN? OR IS THAT GOING TO BE REMOVED AS WELL TO TURN INTO A TRUE HALLWAY? OR IS IT GONNA BECOME A PRIVACY DOOR OR? WE WERE GONNA LEAVE A A, WE WERE GONNA LEAVE A DOOR THERE FOR PRIVACY.
WHAT ABOUT THE DOOR? THE CURRENT ACCESS, THE CURRENT ACCESS DOOR THAT GOES INTO THAT BEDROOM, I GUESS? UH, RIGHT.
UM, I THINK RIGHT NOW BY DESIGN WE WERE LEAVING IT, UH, BUT UH, IT WOULD NOT NECESSARILY BE REQUIRED.
ARE THERE PLANS TO MAKE THE IN-LAW SUITE PART OF YOUR S STR R NOW OR NO.
NO, THAT'S, THAT'S STRICTLY THE, THE MAIN HOUSE.
HOW MANY DAYS DO YOU THINK A YEAR YOU'VE, UH, HAD IT ON LEASED OUT AS AN SDR JUST IN THE LAST X NUMBER OF YEARS? IT'S VARIED.
UH, WE'VE, UM, UH, WHEN THE KIDS WERE YOUNGER IT WAS, YOU KNOW, MAYBE A HANDFUL OF TIMES, YOU KNOW, AND YEARS BEFORE THE PANDEMIC, UH, PRETTY FREQUENTLY WAS TRAVELED AND THEN PANDEMIC DROPPED, OBVIOUSLY NOTHING.
AND AFTER THAT, A HANDFUL OF TIMES.
AND THEN SINCE THE FIRE OBVIOUSLY NOT AT ALL, AND WE HAVE NOT RENTED THE, THE, THE APARTMENT IN THE BACK OUT THAT WAY, IS THAT LIKE 10 DAYS A YEAR OR A HUNDRED DAYS A YEAR? UH, I, WE'VE DONE ACL WEEKENDS AND SOUTH BY, UM, AND THEN, YOU KNOW, A COUPLE OF FOOTBALL WEEKENDS KIND OF THING WHERE WE GO DO SOMETHING ELSE.
I JUST NEED TO CONFER WITH LEGAL REAL QUICK.
I AM THINKING AN EASY SOLUTION TO THIS MIGHT BE TO IMPOSE A CONDITION OF NO STR R AND THE IN-LAWS SUITE.
BUT I'M GOING TO LEAN ON THE EXPERIENCE OF SOME OF, UH, THE BOARD MEMBERS WHO'VE BEEN ON THE BOARD A LITTLE LONGER TO DETERMINE IF WE CAN DO THAT SINCE THAT'S NOT WHAT THE REQUEST IS FOR.
I THINK THINK IT'S GONNA BE HARD BECAUSE THEY'RE INCORPORATING THE IN-LAW SUITE INTO THEIR HOME BY PUTTING IN A, AN INTERIOR HALLWAY.
I'M NOT REALLY SURE HOW YOU COULD YEAH, THAT'S KIND OF, IT'S NO LONGER GOING TO BE TWO SEPARATE UNITS.
YEAH, THAT'S KIND OF WHERE I WAS THINKING TOO.
DOES MAINTAINING THE DOOR THERE ASSIST SYSTEM SOME WAY? OKAY, NOW I, AND AND, AND TO BE HONEST, THE WAY YOU DO YOUR S STR IS YOU DON'T RENT IT OUT FULL-TIME.
YOU'RE OWNER OCCUPIED, RIGHT? AND I'M, WE CAN REQUEST THAT YOU DON'T EVER DO THE SUITE FULL-TIME.
UM, I DON'T KNOW IF YOU COULD BECAUSE YOU'RE, I DON'T KNOW IF YOU COULD OR COULDN'T, BUT
[01:00:01]
I THINK IT WOULD BE HARD BECAUSE IT'S NOW INCOR YOU'RE INCORPORATING IT INTO YOUR I MAIN STRUCTURE, BUT I'M HAVING A PROBLEM WITH TOO, I DON'T KNOW.IS THAT THE STREET WHERE THE COLONELS STAYING? YES SIR.
FIVE YEARS SINCE HIS WIFE PASSED AWAY.
I DON'T THINK THE COLONEL'S GOING ANYWHERE.
YOU KNOW WHAT, I'M JUST GONNA, I'LL LEAVE IT BE THEN.
I WAS JUST TRYING TO MAKE IT IT EASIER FOR EVERYONE.
I DON'T PERSONALLY HAVE A PROBLEM WITH THAT.
I MEAN, I'M, I'M OPEN TO ANY REASONABLE FRIENDLY AMENDMENT, BUT I I, THE REASON THAT I'M GOOD WITH THIS PRIMARILY IS BECAUSE I DO KNOW THAT AANA IS REALLY HEAVY ON THIS STUFF.
AND IF THERE WAS ANY ISSUES WITH IT, THEY WOULD NOT HAVE SURPRI PROVIDED A LETTER OF SUPPORT.
NO, I DON'T HAVE A PROBLEM WITH IT.
I WAS JUST HOPE I DIDN'T REALIZE HE WAS GONNA OPEN UP THE KITCHEN WALL.
IF HE COULD HAVE JUST DONE IT TO THE, WHERE THAT DOOR IT WAS, YOU KNOW, IF THAT WAS ALL HE WAS DOING THAT, THAT WOULD PROBABLY DROP IT DOWN TO A HUNDRED SQUARE FEET INSTEAD OF 150.
BUT, BUT I, I DON'T HAVE AN ISSUE WITH IT, BUT I BETCHA AFTER THE FIRE AND EVERYTHING THAT THEY'VE BEEN THROUGH THAT SHE'D REALLY LIKE A NEW KITCHEN.
OH NO, THAT'S NOT WHAT A REBUILD.
BUT I DIDN'T REALIZE THEY WERE TAKING OUT THE WALL.
AND SO THEY, THEY'RE BASICALLY WHAT THEY'RE DOING IS PUSHING IT OUT.
THEY'RE PUSHING OUT THE WHOLE HOUSE.
SO THERE ARE, THERE ALWAYS LIKE A WHOLE ARMY OF THEM THERE TOO FOR A FEW MORE YEARS ANYWAYS, TILL THEY ALL GO OFF TO SCHOOL.
WE DON'T MAKE IT TOO COMFORTABLE.
YES, WE NEED, THEY NEED TO GO ELSEWHERE.
CAN I RECALL THE QUESTION? UH, I JUST THOUGHT I'D THROW OUT REAL QUICK BECAUSE OUR ILLUSTRIOUS SUPER DILIGENT FORD LIAISON FOUND UNDER 25,000 2 901.
UH, THE IN-LAW SUITE IS CONSIDERED, UH, WHAT IS IT? ELDERLY.
IT'S CONSIDERED AN ACCESSORY APARTMENT.
SO IT CAN'T BE RENTED OUT UNDER THE S ST R SHOULD PUT EVERYONE'S MIND AT EASE ABOUT THE S ST R ISSUE.
SO, AND YES, I'VE GOTTA CALL THE QUESTION.
HOW DID YOU FIND REASONABLE USE? THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR A REASONABLE USE BECAUSE OF, BECAUSE THEY PREVENT CONFIGURATION, ALLOWING INTERIOR PASTURE BETWEEN THE SINGLE FAMILY RESIDENT COMMON AREA AND THE ACCESSORY UNIT.
HARDSHIP TO HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN, INTO, IN, IN THAT, DUE TO THE SMALL LOT SIZE OF VARIANCE IS REQUIRED IN ORDER TO ADDRESS THE FUNCTIONAL RESIDENTIAL USAGE.
THE CURRENT CONFIGURATION IS LACKING INTERIOR ACCESS TO THE COMMON AREAS WHICH RESTRICTS THE TREATMENT AS AN INTERIOR ADA ACCESSIBILITY UNIT.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE BUILDING CONFIGURATION AND CURRENTLY USING AN EXTERIOR EXPOSED DROP FROM THE ATTACHED ACCESSORY UNIT TO THE MAIN STRUCTURE, COMMON AREA IS NOT COMMON FOR SINGLE FAMILY RESIDENCE 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 DISTRICT IN WHICH A PROPERTY IS LOCATED BECAUSE THE PROPOSED VARIANCE IS IN THE REAR OF THE PROPERTY WITH NO PUBLIC VISIBILITY AND SIMPLY COMPLETES THE ENCLOSURE OF AN EXISTING OVERHAND DECK USING EXISTING MATERIALS AND SIMILAR TO MAINTAIN THE LOOK AND CHARACTER OF THE STRUCTURE.
AGAIN, THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER VAN NOLAN.
INSTRUCTED BY BOARD MEMBER BAILEY.
AND I JUST WANNA ALSO SAY ONE OF THE REASONS, UM, I'M FOR THIS IS YOU'VE OWNED THIS HOUSE FOR A LONG TIME AND HOW IT'S EVOLVED IS HOW A HOME, A MULTI-GENERATIONAL HOME SHOULD EVOLVE LITTLE BY LITTLE THROUGHOUT THE YEARS.
YOU KNOW, YOU JUST, IT'S NOT LIKE YOU JUST DID THIS RECENTLY AND AND ARE NOW ADDING ON AGAIN AND THAT YOU HAVE VERY STRONG NEIGHBOR AND NEIGHBORHOOD ASSOCIATION SUPPORT MEANS A LOT TOO.
AND THANK YOU YOUNG PEOPLE CUZ Y'ALL LOOK BORED.
AND GOOD LUCK WITH YOUR RECONSTRUCTION.
THANK FOR THE, BUT YOU DID GREAT.
[5. C15-2023-0001 David Webber for Gale Giger 906 Ebony Street (part 2 of 2)]
ITEM FIVE, THIS IS GOING TO BE[01:05:01]
C 15 20 23 0 0 0 1.DAVID WEBBER FOR GAIL GEIGER, 9 0 6 EBONY STREET RECONSIDERATION.
NOW BEFORE WE GET YOU STARTED, I MADE A MISTAKE, Y'ALL, UH, WHICH WAS POINTED OUT TO ME BY LEGAL, UH, IF WE TAKE THE VOTE TO RECONSIDER, WE HAVE TO IMMEDIATELY HEAR THE KEYS AFTERWARDS.
SO BECAUSE WE DID IT OUTTA ORDER, WE HAVE TO RETAKE THE VOTE ON THE MOTION TO RECONSIDER.
SO SORRY THAT WE HAVE TO GO THROUGH THAT AGAIN.
BUT WE'RE GONNA HAVE TO RE REDO THE VOTE ON THE MOTION TO RECONSIDER.
SO, AND I, I, I HAD A POINT OF ORDER ON THAT THOUGH MADAM CHAIR.
IF, IF IN FACT I'VE NOW CHANGED THEIR APPLICATION, WE'RE NOT REHEARING WHAT WE HEARD BEFORE.
AND THAT'S, THAT'S THE ISSUE THAT I HAD ABOUT WHETHER WE'RE VOTING TO REHEAR SOMETHING OR WHETHER WE'RE NOW GOING TO HEAR SOMETHING COMPLETELY DIFFERENT.
AND I UNDERSTAND THERE MAY BE, THERE MAY BE NO ISSUE WITH POSTING BECAUSE THEY'RE ASKING FOR LESS, BUT THEY'RE NOT TECHNICALLY ASKING US TO RECONSIDER WHAT THEY APPLIED FOR.
UH, AND WERE DENIED LAST, LAST TIME.
SO THAT, THAT'S ACTUALLY A QUESTION I HAD AS WELL.
AND I DISCUSSED WITH ELAINE, OH, LOOKS LIKE VICE CHAIR HAWTHORNE HAS A RESPONSE.
WELL, SO IF YOU APPLY FOR A VARIANCE AND YOU ARE DENIED, YOU CAN'T APPLY FOR A VARIANCE AT THAT PROPERTY FOR A YEAR.
SO WHILE THEY HAVE IN THEIR ADDITIONAL INFORMATION IN REQUESTING FOR RECONSIDERATION, THEY HAVE, HAVE ALTERED IT TO A LOWER REQUEST AS PART OF THEIR ADDITIONAL INFORMATION FOR THE RECONSIDERATION.
SO I WOULD THINK THAT WOULD BE THE ONLY WAY THAT WE WOULD BE ABLE TO CURE IT BEFORE A YEAR PERIOD HAD GONE BY.
AND IF YOU ASK FOR THE RECONSIDERATION FOR THE CODE WITHIN THE, I BELIEVE IT'S 10 DAYS, THEN I THINK THEY HAVE, THEY HAVE MET, UM, THEIR CRITERIA.
SO COULD I GET A, I'M NOT FROM LAWYER LEGAL, PLEASE.
UH, ERICA LOPEZ, ASSISTANT CITY ATTORNEY.
I THINK THE DECISION BEFORE THE BOARD IS TO RECONSIDER WHAT THEY PREVIOUSLY HAD HEARD.
UM, I THINK MAYBE THE APPLICANT HAS INCLUDED INFORMATION WHERE THEY MIGHT ACCEPT LESS, KIND OF, IF YOU THINK ABOUT IN A, UM, BACK AND FORTH WHILE YOU'RE, WHILE YOU'RE GOING THROUGH THE CASE, SOMETIMES YOU ASK THE APPLICANT CAN YOU REQUEST LESS IMPERVIOUS COVER? AND THAT WOULD BE KIND OF THE, THE CASE.
BUT THE DECISION, I BELIEVE THAT THE APPLICANT IS ASKING IS FOR THE BOARD TO RECONSIDER WHAT THEY HAD PREVIOUSLY MADE.
UM, AND THEY MAY HAVE HAD INDICATED THAT THEY MIGHT, UM, DURING THE DISCUSSION HAVE LESS, BUT ULTIMATELY THAT'S THE DECISION THAT THEY'RE ASKING THE BOARD TO RECONSIDER.
DOES THAT ANSWER EVERYONE'S QUESTIONS? SO THE MOTION TO RECONSIDER IS STILL ON THE ORIGINAL CASE, BUT UH, THEY HAVE PUT INTO THE RECONSIDERATION THAT THEY'RE WILLING TO ACCEPT MUCH LESS AND THEY'VE CHANGED THE DESIGN AS PART OF THEIR NEW INFORMATION.
SO LET'S RETAKE THAT VOTE REAL QUICK.
SO WE'RE, WHY ARE WE RETAKING THIS VOTE? BECAUSE IN OUR, IN OUR BYLAWS, IT ACTUALLY SAYS IF WE'RE GOING TO RECONSIDER A CASE, THE KEYS HAS TO BE HEARD IMMEDIATELY AFTER THE VOTE FOR RECONSIDERATION.
SO WE WERE SUPPOSED TO HEAR IT RIGHT AFTER.
YEAH, WE SHOULDN'T HAVE TAKEN IT OUT OF ORDER.
THAT HAPPENS THAT'S ONE OF THOSE.
WELL, WE WE'RE SUPPOSED TO TAKE ACTION IMMEDIATELY AFTER WHICH THE ACTION COULD HAVE BEEN TO POSTPONE IT TO ANOTHER DAY.
OR WE SHOULD HAVE THAT'S RIGHT.
WE COULD, WE COULD HAVE MOTIONED TO TABLE IT TO ITEM FIVE.
THAT'S PROBABLY HOW WE SHOULD HAVE DONE IT.
WELL, WE CAN THINK ABOUT IT AFTER THIS MOMENT.
LET'S JUST DO THE ROLL AND DO IT OVER AGAIN.
WE DON'T HAVE TO TALK ABOUT IT.
SO AGAIN, THIS IS REVOTING ON THE MOTION TO RECONSIDER, UH, C 15 20 23 0 0 1.
[01:10:01]
NO.NOW WE ARE GOING TO IMMEDIATELY PICK UP THE ITEM AND START WITH THE RECONSIDERATION.
DO YOU HAVE A PRESENTATION? YES.
SO IF WE COULD GET HIS PRESENTATION PULLED UP.
AND WE'LL HAVE YOU STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES.
MY NAME IS DAVID WEBER FROM WEBER STUDIO ARCHITECTS.
UH, AGAIN HERE TO REPRESENT THE OWNER, UH, GIL GEIGER AND HIS WIFE JACQUELINE THOMPSON.
UM, I, UH, UH, THANK YOU FOR HEARING US AGAIN.
I HAVE NOT HAD TO DO MANY BOARD OF ADJUSTMENT, UH, HEARINGS BEFORE, SO I'M NOT, UH, EXACTLY REALLY WELL SKILLED AT MAKING A CLEAR CASE.
AND I THINK THAT THAT, UH, WAS PART OF WHAT HAPPENED LAST TIME.
IT WAS, UH, A CONFUSING CASE CUZ THERE WERE A LOT OF DIFFERENT THINGS THAT WE ULTIMATELY REALIZED EITHER DIDN'T FIT IN A VARIANCE AT ALL.
SO, AND OTHER THINGS THAT WE JUST REALIZED WERE REALLY NOT THINGS THAT WE NEEDED TO PURSUE.
SO WE ACTUALLY DID SCALE BACK THE REQUEST TO ONE REQUEST, UM, THAT WE HOPE WILL BE A LITTLE BIT CLEARER IN WHAT WE'RE, UH, TRYING TO ASK TODAY.
SO WE DID ACTUALLY REACH OUT TO ELAINE TO UNDERSTAND THE BEST METHOD OF DOING IT, AND WE WERE, UH, ADVISED THAT THIS IS THE ROUTE TO GO FOR THE RESUBMISSION.
SO THAT'S THE ROUTE WE TOOK, BUT IT IS INDEED A SCALED BACK, UM, UH, SIGNIFICANTLY SCALED BACK REQUEST.
I WOULD LOVE TO JUST GO TO THE SECOND SLIDE, WHICH ESSENTIALLY EXPLAINS OUR SITUATION.
UM, THE IMAGE ON THE LEFT IS OUR SITUATION BECAUSE WE HAVE A SLOPE THAT SLOPES DOWN TOWARDS THE STREET AND A VERY NARROW LOT.
WE ACTUALLY, UH, ARE ABLE TO FIT A BASEMENT, A COMPLIANT BASEMENT, BUT THE ONLY PLACE ON THE ENTIRE SITE THAT WE CAN DO IT IS ON THE FRONT OF THE HOUSE, FACING THE STREET.
UM, EVEN THOUGH IT COMPLIES, PUTTING A BASEMENT ALONG THE FRONT, UM, WOULD REQUIRE US TO NOT BE ABLE TO ACCESS THE CARPORT UP ABOVE.
OBVIOUSLY THAT IS NOT, UH, THAT'S NOT FEASIBLE.
THEY, THEY BUILT THIS HOUSE A FEW YEARS AGO WHEN THEY BUILT THE HOUSE.
THEY WERE NOT CONTEMPLATING HAVING A FAMILY.
I'VE HAD MANY CLIENTS OVER THE YEARS THAT HAVE STARTED OFF THEIR RELATIONSHIP, NOT ANTICIPATING THAT THEY WERE NECESSARILY GONNA HAVE A FAMILY, AND THEN LATER CHANGED THEIR MIND.
AND THAT APPEARS TO BE THE CASE WITH, UH, GAIL AND JACQUELINE.
I'M NOT CERTAIN IF THEY'RE GONNA HAVE FIVE CHILDREN LIKE THE GENTLEMAN BEFORE US, BUT MY UNDERSTANDING IS THAT THEY DO WANT TO EXPAND, UM, HAVE A FAMILY AND CONTINUE TO BOTH WORK FROM HOME, WHICH IS WHAT THEY BOTH DO CURRENTLY.
THE IMAGE ON THE LEFT DOES NOT REQUIRE VARIANCE.
THE PROBLEM IS, OBVIOUSLY THE HARDSHIP THAT WE ARE TRYING TO, UH, EXPLAIN HERE IS THAT WE CAN'T GET UP INTO THE OFF-STREET REQUIRED PARKING.
AND SO OUR REQUEST IS QUITE SIMPLE.
WE CAN FIT THE PARKING AND OUR CLIENTS ARE COMFORTABLE WITH TANDEM PARKING.
SO THE IMAGE ON THE RIGHT SHOWS TANDEM PARKING IN THE BASEMENT, BUT THE SPACE THAT WE LOSE IN THE BASEMENT, WHICH THEY WOULD LIKE TO BE ABLE TO USE AS THEY EXPAND, THEIR FAMILY IS LOST.
AND SO WE WOULD JUST WANT TO SWAP THE, THE SPACE IN THE BASEMENT THAT WE WOULD LOSE TO A PARKING SPACE WITH THE SPACE UP ABOVE.
NOW, THE CURRENT SPACE UP ABOVE THE IMAGE ON THE LEFT THAT YOU SEE THE CAR UP ABOVE IS 250 SQUARE FEET ROUGHLY, AND IT COMPLIES WITH A, A CARPORT.
UH, THE SPACE ON THE RIGHT, THE, THE REQUEST WE'RE MAKING IS FOR ONLY 200 SQUARE FEET BECAUSE THE NEW CONFIGURATION, IF WE PUT THE CAR IN THE BASEMENT AS YOU'RE SEEING THERE WOULD ONLY BE NEEDING, UH, WOULD ONLY BE, WOULD ONLY QUALIFY AS A GARAGE TO REQUIRE, UH, TO, TO ENABLE OFF-STREET PARKING, WHICH IS ONLY A 200 SQUARE FOOT EXCEPTION.
SO WE DON'T FEEL LIKE WE NEED THE, THE ENTIRE 251 SQUARE FEET.
WE JUST WOULD LIKE TO BE ABLE TO GET THE 200 SQUARE FEET THAT WE LOSE IN THE, IN THE, UH, BASEMENT TO BE ABLE TO ACCOMMODATE THAT SECOND CAR.
UM, NOW SEPARATELY, WE HAVE MULTIPLE, UH, WE, WE DO, OUR CLIENTS SPEND A LOT OF TIME REACHING OUT TO THE NEIGHBORS AND GOT A LOT OF LETTER, A LOT OF LETTERS OF SUPPORT IN THE PREVIOUS SUBMISSION, WHICH WAS ACTUALLY LARGER.
THIS IS A MUCH SMALLER SUBMISSION.
SO OUR HOPE IS THAT, UM, UH, THAT WILL BE A LITTLE BIT MORE PALATABLE TO THE NEIGHBORHOOD.
AND THEN THE OTHER THING THAT'S A SIDE NOTE, IT'S NOT TECHNICALLY A HARDSHIP, IS THEIR DRIVEWAY CURRENTLY IS SO STEEP, WHICH YOU SAW IN THE IMAGE BEFORE THIS ONE.
THE, THE CURRENT DRIVEWAY IS SO STEEP THAT THEY ACTUALLY DON'T USE IT FOR OFF-STREET PARKING BECAUSE EVERY TIME THEY GET OUT OF THEIR CAR, THEIR, THEIR CAR DOOR HITS THEIR SHIN.
AND SO THEY END UP DOING THE VERY THING THAT OFF-STREET PARKING IS SUPPOSED TO SOLVE.
[01:15:01]
END UP PARKING ONE OF THEIR CARS ON THE STREET AS IT IS BECAUSE THEIR DRIVEWAY IS, IS WOW COMPLIANT.THAT'S NOT TECHNICALLY A HARDSHIP.
AND WE'RE HOPING THAT THIS SOLUTION WILL HELP, UM, UH, ADDRESS THAT.
BUT THE HARDSHIP IS THAT ON THE LEFT IMAGE, WE OBVIOUSLY CAN'T LEVITATE THE CAR.
AND ON THE IMAGE ON THE RIGHT, WE ARE REQUESTING AN 8.7% INCREASE OVER OUR 2300 SQUARE FEET OF GROSS FLOOR AREA, UH, IN THE 200 SQUARE FOOT EDITION.
AND WE DON'T KNOW HOW TO GET THE PARKING TO WORK OTHERWISE IS REALLY THE REQUEST.
IS THERE ANY OPPOSITION? ANYONE ON THE PHONE? ELAINE? NO OPPOSITION.
SEEING NONE, LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING BOARD MEMBER VAN OLAN, I KNOW THIS IS IN IS, IS IN THE BOATING CREEK, UH, NEIGHBORHOOD.
AND, UH, JUST LIKE AANA IS VERY ACTIVE WITH AANA AND WITH THEIR NEIGHBORHOOD.
HAVE YOU GOTTEN ANY SUPPORT FROM THE, HAVE YOU TAKEN THIS IN FRONT OF THE, UH, NEIGHBORHOOD ASSOCIATION VOTING CREEK? THEY, THEY OPPOSED AN INCREASE PREVIOUSLY AND WE DIDN'T THINK THAT, UH, WE DIDN'T BRING THIS NEW ONE TO THE NEIGHBORHOOD, UM, BECAUSE THEY SEEMED PRETTY CLEAR THAT THEY DIDN'T WANT TO SET A PRECEDENT.
HOWEVER, WE HAVE MULTIPLE NEIGHBORS, SOME WHO'VE SERVED ON THE ZONING COMMISSION OF THE NE OF THE BOLTING CREEK NEIGHBORHOOD WHO ACTUALLY SPOKE, UH, IN SUPPORT.
WELL, ONE OF THE THINGS IS IT WOULDN'T SET A PRECEDENT BECAUSE EACH CASE, JUST FOR YOUR INFORMATION, EACH CASE THAT WE TAKE, WE TAKE BASED UPON ITS OWN MERITS.
SO EACH LOT IS INDIVIDUAL, EACH EACH, UH, REQUIREMENT, UH, IN ORDER TO GET A VARIANCE FOR THOSE LOTS WILL BE UNIQUE IN AND OF THEIR OWN AS WELL.
AND SO, UH, I THINK, UH, IF YOU WERE ABLE TO TAKE IT TO THE BOING CREEK, UH, NEIGHBORHOOD, UH, IN A AND SUBMIT THIS ONE, I PERSONALLY MYSELF, NOW I'M A PRO PROPERTY KIND OF RIGHTS KIND OF GUY AS LONG AS IT DOESN'T AFFECT THE NEIGHBORS OR THE NEIGHBORHOOD, BUT THEY HAVE BEEN THROUGH SO MUCH THERE.
IT'S TOO BAD YOU DIDN'T DO IT AT THE BEGINNING, BUT, UM, I THINK THAT YOU MIGHT WANT TO CONSIDER POSTPONING AND REVISITING WITH THEM.
IS THAT A, IS THAT A MOTION? BECAUSE I'LL SECOND THAT AND THEN JUST SO THAT YOU CAN, JUST SO THAT YOU CAN GET A FEEL FOR WHERE THEY'RE AT ON IT.
I DON'T THINK YOU ASK IS IS TWO, UH, UNREASONABLE? 200 SQUARE FEET IS BASICALLY 10 FOOT BY 20 FEET LONG.
UH, ONE CONCERN THAT I DID HAVE, IF YOU COULD BRING UP THAT LAST, UH, PICTURE THAT YOU HAD, UH, THE, THE RENDERING, THE NEXT ONE.
THAT ONE THERE, ONE OF THE THINGS THAT I'M NOTICING HERE, THERE'S, THERE'S A COUPLE THINGS THAT CAUGHT MY ATTENTION AS A CONTRACTOR.
ONE IS I CAN SEE WHERE THE CAR ON THE LEFT, YOU CAN SEE WHERE THE CAR IS UPSTAIRS.
AND WHAT YOU WANNA DO IS YOU WANNA ELIMINATE THAT LARGE ANGLE OF, UH, THE DRIVEWAY AND CLOSE THAT AREA WITH THE CAR.
AND THEN IT LOOKS TO ME LIKE YOU'RE BASICALLY GONNA USE THE FOUNDATION OR SOMETHING AS, AS A CARPORT.
I SEE A CAR IN FRONT OF THE OTHER CAR.
I ALSO HAPPEN TO SEE ALL THAT ENCLOSURE THAT'S ON THE LEFT OF IT.
WHAT'S ALL THAT? THAT'S THE ENCLOSED BASEMENT THAT WE ARE TRYING TO DO.
SO IN EITHER CASE, WE'RE TRYING TO BUILD ENCLOSED BASEMENT, BUT IT IS, IT DOES, IT IS BASEMENT THAT COMPLIES AND THAT'S HOW THEY'RE, YEAH.
SO WHAT, YOUR SITUATION IS ONLY IMPACTING THE 200 SQUARE FEET OF THE, THE CAR IN FRONT OF YOU.
THEY'RE STILL PUTTING IN A BASEMENT.
I CAN, AND IT'S, IT, I'LL PROBABLY GET CHEWED OUT FOR SAYING THIS, BUT I CAN, I CAN FEEL THE WINDS.
I'VE BEEN UP HERE LONG ENOUGH, I MEAN, A VERY LONG TIME.
AND SO I THINK YOU WOULD PROBABLY, IT WOULD SERVE YOU WELL TO TRY TO PRESENT, DO A PRESENTATION FOR THE BOATING CREEK NEIGHBORHOOD ASSOCIATION AND GET THEIR APPROVAL.
UH, I'M WILLING TO MAKE A MOTION TO APPROVE.
UH, I DON'T HAVE THAT BIG OF AN ISSUE WITH IT.
I ALSO SAW YOUR LETTER WHERE, WHERE YOU, YOU HAVE THE SMALL LOT.
I'M GONNA GO BACK HERE, PUT THIS UP HERE AGAIN.
WHERE YOU HAVE THE FACT THAT YOU ALREADY, YOU GUYS WERE ALREADY ALLOWED TO EXCEED THE CURRENT, UH, F A R SIMPLY BECAUSE OF THE BEING THE SMALL LOT ISSUE.
AND SO IT, IT MIGHT BE A PRETTY BIG, UH, PUSH HERE.
[01:20:01]
TO YOU.UH, I DON'T KNOW IF I HAVE A SECOND, I'LL MAKE A MOTION TO APPROVE.
UH, BUT YOU GOTTA ROLL THE DICE.
ARE YOU SUGGESTING THAT, THAT WE WE COULD WITHDRAW AND TRY AND POSTPONE? NO, NOT WITHDRAW.
JUST POSTPONE AND, AND, AND, AND SET UP AN APPOINTMENT WITH THE BOATING CREEK NEIGHBORHOOD.
I THINK IF YOU GOT THERE, BUY-IN, YOU WOULD PROBABLY GET, HAVE BETTER CHANCES FOR AN APPROVAL.
I'M STICKING MY NECK WAY OUT HERE NOW, YOU KNOW, BUT, UH, I CAN'T GUARANTEE YOU ANYTHING.
I'M JUST SAYING THAT, UH, IF YOU DIDN'T HAVE, IF YOU CHANGED YOUR, AND I'VE SEEN THIS HAPPEN MANY TIMES.
IF YOU'VE CHANGED YOUR ASK AND YOU'VE, YOU KNOW, UH, BROUGHT IT DOWN SOMEWHAT, SOME OF THE NEIGHBORHOOD ASSOCIATIONS ARE MORE THAN, MORE THAN HAPPY TO APPROVE IT AS WELL AS SINCE YOU HAVE SOME OF THE NEIGHBORS THAT BELONG TO THAT ASSOCIATION THAT ALREADY YOU SAY YOU HAVE LETTERS HERE TO APPROVE.
UH, IF I COULD SEE MY REMOTE BOARD MEMBERS REAL QUICK PLEASE.
AND SO FIRST WE HAVE A MOTION TO APPROVE MADE BY MO.
DO I HAVE A SECOND? FIRST? THAT'S WHERE WE NEED TO START.
I'M GONNA OFFER AN ALTERNATE, UH, MOTION TO POSTPONE TO THE MARCH MEETING.
UH, WHAT'S THE DATE ON THAT, ELAINE? MARCH.
AND THEN WE'LL GO INTO SOME QUESTIONS OR DO FIRST DO I HAVE A SECOND? SECOND, MELISSA.
AND THEN WE'LL START WITH, UH, BOARD MEMBER BLOOM, FOLLOWED BY BOARD MEMBER BAILEY.
AND THEN I WILL GET TO THE, UH, REMOTE FOLKS.
SO CAN YOU CONFIRM WITH YOUR NEW PROPOSAL THAT THE BASEMENT IS NOT GOING TO EXTEND PAST THE FOOTPRINT OF THE CURRENT STRUCTURE? IT IS AS THE, OF THE CURRENT FOOTPRINT OF THE HOUSE.
IT, IT, IT'S NOT ALLOWED TO AND IT'S NOT GOING TO, WE WOULDN'T PROPOSE THAT.
YEAH, WE'RE NOT PROPOSING THAT NOW.
I, THAT WAS, YEAH, THAT WAS FOOLISH OF US.
I THINK FOR ME, ONE OF THE PROBLEMS I HAVE IS IF, IF THIS WAS ALREADY A GARAGE AND ALL YOU WERE DOING IS MOVING THAT IT'S NOT, IT'S A CARPORT BECAUSE YOU, THIS WAS ALL YOU COULD BUILD AND THAT WAS ALREADY WITH AN EXCEPTION TO YOUR F A R AND THIS IS A NEW HOUSE.
SO MY BIG PROBLEM WITH THIS IS, AND YOU'RE ALREADY DOING A BASEMENT, SO JUST DO THE BASEMENT AND LEAVE THIS ALONE BECAUSE, BECAUSE HONESTLY FOR ME IT'S TOO MUCH OF AN ASK.
AND SO HOPEFULLY YOU CAN GET GOLDEN CREEK ON.
BUT I WILL TELL YOU RIGHT NOW, AS MICHAEL WAS SAYING, YOU WANNA KNOW HOW THE WINDS ARE BLOWING.
AND I, I'M, I'M KIND OF THINK THAT I'M PROBABLY NOT THE ONLY ONE.
IF THAT WAS ALREADY A GARAGE, I WOULDN'T HAVE A PROBLEM WITH THIS CUZ IT WOULD ALREADY BE AN ENCLOSED STRUCTURE.
AND YOU'RE ALREADY EXCEEDING YOUR F A R AND SO, SO I, I UNDERSTAND EXACTLY WHAT YOU'RE DOING.
AND SO, UM, I REALLY DO UNDERSTAND, I UNDERSTOOD YOUR PRESENTATION LAST TIME ALSO, AND I UNDERSTAND THE CODE.
BUT WHAT I'M SAYING IS, MY ISSUE WITH THIS IS, AND THAT'S JUST, I'M JUST MAKING A STATEMENT.
I'M NOT ASKING YOU A QUESTION.
OKAY? SO WHEN YOU GO TO BALD CREEK, YOU'RE GONNA HAVE TO CONVINCE SOMEONE LIKE ME THAT YOU KNOW, THAT THIS IS SO THAT I, SO THAT I UNDERSTAND THOUGH, IT'S MM-HMM.
SO YOU'RE NOT, FOR ME, YOU'RE NOT REALLY SWAPPING BECAUSE THAT'S AN OPEN CAR PORT.
UM, YOU'RE NOT, IF THAT WAS ALREADY A CLOSED IN GARAGE, I PROBABLY WOULDN'T HAVE A PROBLEM WITH THIS CUZ IT'S ALREADY AN ENCLOSED SPACE AND YOU'RE JUST SWAPPING UNDERNEATH FOR THAT.
BUT, AND, AND ENCLOSING UNDERNEATH.
BUT YOU'D ALREADY HAVE, YOU WOULDN'T HAVE THE EXEMPTIONS THAT YOU'RE, YOU'RE GETTING.
BUT, BUT THE BASEMENT, I DON'T HAVE A PROBLEM WITH YOU BUILDING A BASEMENT.
JUST KEEP WHAT YOU'RE HAVING AND JUST BUILD YOUR BASEMENT AND KEEP YOUR CARPORT IN DRIVEWAY.
UM, I DON'T KNOW IF THERE WAS AN ISSUE WITH THE DESIGN TO START IS THE REASON THEY DON'T USE THE DRIVEWAY.
I DON'T KNOW IF THERE WAS, THEY WERE ALREADY ALL, ALL THE WAY UP ON THEIR F A R SO THEY COULDN'T ENCLOSE IT AND THEY CAN'T DO SOME OF THESE THINGS, BUT IT'S A NEW HOUSE AND, AND THEY SHOULD HAVE THOUGHT ABOUT FUTURE OR, I DON'T KNOW, MAYBE IT'S NOT A BIG ENOUGH HOUSE.
UM, BECAUSE FOR ME, I THINK THAT, YOU KNOW, IT'S, IT'S MAXED OUT FOR ME.
AND SO, UM, THAT'S JUST SOMETHING THAT YOU NEED TO THINK ABOUT WHEN YOU GO IN FRONT OF BOLDEN.
I THINK MELISSA HAS A REBUTTAL FOR ME.
I, I JUST, IT'S A, IT'S A CHANGE TO THE MASSING.
AND SO YOU NEED TO LOOK AT THE CONTEXTUAL MASSING ON THE STREET BECAUSE REALLY WHAT YOU'RE PROPOSING BY DROPPING IT.
AND I MEAN, THIS ISN'T AN EXISTING HOUSE, THAT YOU'RE ADDING SOMETHING IN THE BACK THAT NOBODY SEES AFTER A FIRE.
AND I MEAN ALL, YOU KNOW ALL THAT, THAT THEY'VE BEEN THROUGH.
THIS IS A BRAND NEW HOUSE AND IF YOU WANNA GO DRIVE DOWN AZ MORTON AND YOU WANNA LOOK AT A TOUGH DRIVEWAY, I GOT EVERY DAY I DRIVE BY SOME REALLY TOUGH DRIVEWAYS.
[01:25:01]
MEAN, WHAT WAS DESIGNED ORIGINALLY VERSUS WHAT IS NOW? SO WHEN YOU LOOK AT THIS AND YOU LOOK AT, I MEAN, YOU'RE, IF YOU LOOKED AT THE VOTE FOR RECONSIDERATION, YOU NEED NINE OUT OF 11 VOTES TO GET A VARIANCE APPROVED.SO IF YOU JUST LOOK AT HOW MANY PEOPLE DID OR DIDN'T WANT TO TO RECONSIDER THE CASE, THAT MIGHT HAVE BEEN A CLUE.
SO HAVING, UM, GOLDEN CREEK BE SUPPORTIVE OF YOUR REQUEST IS CERTAINLY GOING TO BE SOMETHING THAT IN THE CONTEXT OF IT.
BUT I'M JUST SAYING INFORMATIONALLY, YOU PROBABLY NEED TO TAKE A LOOK AT THE BLOCK AND THE MASSING ON THE BLOCK AND HOW YOU'RE NOT DIFFERENT OR HOW YOU'RE SIMILAR TO EVERYBODY ELSE, THAT THIS IS NOT A REQUEST.
BECAUSE IN, IN TRYING TO LOOK JUST AT GOOGLE, I MEAN, IT LOOKS LIKE EVERYBODY ELSE ACCOMMODATED THEIR PARKING WELL OFF STREET AND THEY'RE MASSING TO MASSING.
IT'S HARD TO TELL BECAUSE THE STREET SLOPE AND YOU'RE MASSING.
SO, AND YOU KNOW, I DIDN'T LIKE GO BEYOND THE HOUSES RIGHT THERE, BUT THAT WOULD BE MY SUGGESTIONS TO YOU IF YOU WERE IN SEARCH OF SOMETHING THAT MIGHT MAKE THIS A LITTLE BETTER.
AND TO FOLLOW UP ON WHAT VICE JOE HAWTHORNE WAS SAYING, UH, PART OF MY JOB UP HERE ALSO IS KIND OF TO READ FACES AND TO SEE WHICH WAY THE WIND IS BLOWING.
AND EVEN IF, UH, BOARD MEMBER BON OLIN'S MOTION TO APPROVE HAD GOTTEN A SECOND, I WOULD'VE MADE A MOTION TO POSTPONE JUST TO TRY TO KEEP YOU A LITTLE MORE TIME.
I VOTED NO AGAINST THIS THE FIRST TIME I'M INCLINED TO VOTE YES.
BUT SAME AS I THINK WHAT YOU'RE HEARING FROM EVERYONE ELSE, I WOULD DEFINITELY NEED TO SEE SOME, SOME KIND OF ACKNOWLEDGEMENT, UH, FROM THE GOLDEN CREEK ASSOCIATION.
THE, THE, THEY'RE REALLY VERY GOOD AND I THINK THEY'RE VERY REASONABLE.
BUT YOU KNOW, THAT'S GREAT ADVICE ACTUALLY.
SO, AND OUR, MY CLIENT JUST SAID THAT HE WOULD BE VERY COMFORTABLE WITH A POSTPONE, BUT THEN THAT'S JUST TO BE CLEAR, THAT'S THE VOTE THAT'S CURRENTLY ON THE TABLE THAT'S GOT, YES.
AND WE'RE VERY COMFORTABLE WITH THAT.
SO, VIRTUAL MEMBERS, ANY QUESTIONS BEFORE WE TAKE A VOTE ON POSTPONEMENT? OKAY, LET'S CALL THE VOTE.
THIS IS A MOTION TO POSTPONE TO MARCH 13TH, 2023, MADE BY, UH, BOARD MEMBER COHEN.
SECONDED BY BOARD MEMBER HAWTHORNE.
AND IF YOU'RE NOT SURE IF, BECAUSE UP HERE WE THROW A LOT AT YOU.
THIS WILL BE ON VIDEO ON THE CITY BOARD OF OUR ADJUSTMENTS WEBSITE.
I, I WE KNOW, WE KNOW WHERE TO FIND IT.
WE ARE GOING TO POSTPONE TILL MARCH 13TH, 2023.
IF YOU NEED MORE TIME, YOU CAN CALL AND REQUEST A POSTPONEMENT AND WE'LL VOTE ON IT THEN.
WE, I APPRECIATE YOUR REHEARING THE CASE AND THANK YOU FOR THE, UH, HELPFUL INPUT.
[6. Discussion of the January 9, 2023 BOA activity report]
SIX, DISCUSSION OF THE JANUARY 9TH, 2023 BOARD OF ADJUSTMENT ACTIVITY REPORT.THE LAST COUPLE OF MONTHS HAVE BEEN VERY SMALL.
[7. Discussion of the Board Members term-expirations]
UH, DISCUSSION OF THE BOARD MEMBERS' TERM EXPIRATION.SO WE HAD ASKED FOR SOME CLARIFICATION FROM LEGAL LAST TIME ON TERMS. DID, DID, DID EVERYBODY GET THEIR QUESTIONS ANSWERED, WHETHER BY EMAIL OR PHONE OR, YES.
ARE THERE ANY OTHER QUESTIONS REGARDING TERM LIMITS? YEAH.
OR WHETHER YOU'RE STUCK WITH ME OR NOT.
I COULD BE FREE IN THE WORLD AND NO.
I WILL, I WILL PERSONALLY CALL YOUR COUNCIL MEMBER.
AND I COULD BE FREE IN THE WORLD.
[8. Discussion of future training for board members]
[01:30:01]
EIGHT.UH, DISCUSSION OF FUTURE TRAINING FOR BOARD MEMBERS.
UM, I'M GONNA SUGGEST WE JUST LEAVE THIS ON THE AGENDA UNTIL WE START SEEING NEW BOARD MEMBERS BEING APPOINTED BY THE NEW COUNCIL MEMBERS.
UH, DOES ANYONE HAVE A PROBLEM WITH THAT? ANY OPPOSITION? WELL, YOU, I, I DON'T HAVE A PROBLEM WITH IT.
I JUST, UNTIL WE KNOW WHO THEY ARE AND EVERYBODY TAKES THEIR TRAINING, IT'S YOU, YOU GOTTA GATHER EVERYBODY.
WE'LL PICK THAT UP AT THE NEXT MEETING.
[9. Discussion and possible action regarding an update on the resolution sent to council for the BOA Applicant Assistance Program (BAAP)]
UH, ITEM NINE, DISCUSSION AND POSSIBLE ACTION REGARDING AN UPDATE ON THE RESOLUTION SIGNED TO COUNCIL FOR THE BOARD OF ADJUSTMENT APPLICANT ASSISTANCE PROGRAM ON FEBRUARY 9TH, 2023.ITEM 41 ON THE CITY COUNCIL'S AGENDA WAS PASSED UNANIMOUSLY.
THE BOARD OF ADJUSTMENT APPLICANT ASSISTANCE PROGRAM HAS BEEN SENT BACK TO CITY STAFF AND ELAINE, I'M ASSUMING THEY'LL GET WITH YOU TO LIKE TRAIN HOW TO DO IT.
UH, IT'S NOT GONNA BE AUSTIN ENERGY ANYMORE.
IT'S GONNA BE AUSTIN PUBLIC HEALTH, WHO'S GOING TO BE, UH, CERTIFYING APPLICANTS UNDER THE CRITERIA.
THEY ADDED A COUPLE OF THINGS THAT WE DIDN'T HAVE BEFORE.
UH, LIKE I THINK IT WAS VETERAN HOUSING.
UM, ONE OTHER THAT I DON'T REMEMBER OFF THE TOP OF MY HEAD.
AND THEY ALSO ADDED, INTERESTINGLY ENOUGH, A REQUIREMENT TO COME UP WITH FUNDS FOR PRO BONO LEGAL ASSISTANCE FOR APPLICANTS WHO ALSO PRETTY QUALIFY.
SO THEY'LL BE ABLE TO GET LEGAL HELP AS WELL.
IT TOOK EVERYBODY, I, I TAKE MY HAT OFF TO OUR ESTEEMED CHAIR FOR ALL OF HER HARD WORK OVER A VERY LONG TIME AND FRUSTRATING PROCESS.
NOW BELIEVE THAT TOOK TWO YEARS.
THIS IS SUCH, I CAN BELIEVE IT TOOK TWO YEARS.
I'VE BEEN HERE MORE THAN YEAH, I BELIEVE IT ONLY TOOK TWO YEARS.
ANY QUESTIONS, DISCUSSION ON THAT ONE? NO.
[10. 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)]
10, DISCUSSION AND POSSIBLE ACTION BY THE BOARD BASED ON THE WORKING GROUP UPDATE ON PROPOSED CHANGES TO BOARD OF ADJUSTMENT APPEALS.I THINK, UH, LAST TIME Y'ALL HAD SAID Y'ALL HAD PLANNED TO MEET BOARD MEMBER MACARTHUR FIRE AWAY.
OH, EVERYBODY IN THEIR BACKUP WE MET AND, UH, DARRELL LOOKED AT IT AND WE CAME UP, UH, WITH IDEAS THAT YOU SHOULD BE ABLE TO LOOK AT IN YOUR BACKUP.
I WON'T READ THE WHOLE THING CUZ IT'S A PAGE AND A HALF.
BUT, UM, ONE OF THE PRIME POINT, OUR MAIN CONCERN WAS EQUITY.
THE CONCEPT OF EQUITY IN STAFF DECISIONS.
AND IT'S VERY HARD TO APPEAL A STAFF DECISION IF YOU DON'T EVER KNOW IF ONE WAS MADE.
AND SO WE INCLUDED THE IDEA THAT FOLLOWED FOR A LOT OF OTHER THINGS IN THE CITY THAT NOTICES ARE SENT.
AND WE LISTED THE TYPICAL NOTICES THAT ARE ON THE CITY'S WEBSITE.
EVERYTHING UNDERLINING THAT WEBSITE ARE LINKS SO YOU CAN READ IT YOURSELF.
SO WHEN, UM, THE STAFF MAKES A DECISION, PEOPLE SHOULD BE NOTIFIED OF THEIR DECISIONS SO THAT THEY HAVE TIME.
AND THEN THE OTHER THING WE THOUGHT WAS THAT, UM, EVEN WHEN PEOPLE APPEALED THE ADMINISTRATIVE, THE ADMINISTRATORS SAID, WELL, YOUR APPEALS TOO LATE, SO TOO BAD.
AND YET THE BOARD SHOULD HAVE THE, THERE ARE REASONS WHY AN APPEAL CAN BE ACCEPTED IN A LATER TIMEFRAME AND THE BOARD SHOULD MAKE THAT DECISION AND NOT STAFF.
AND THE LAST THING WE HAD IS A ZONING INTERPRETATION APPEAL IS PRICED AT $2,654.
AND THAT'S NOT AN EQUITABLE FEE FOR LOWER INCOME PEOPLE AND MAYBE SOME MIDDLE INCOME PEOPLE, MAYBE WE COULD HAVE A SLIDING SCALE OR SOME OTHER STANDARD.
SO A LOWER FEE WOULDN'T BE QUOTE MISUSED, BUT IT WOULD BE.
SO ALL PEOPLE IN ALL AREAS COULD TAKE ADVANTAGE OF THAT AND NOT JUST THE WEALTHIER PEOPLE.
SO OUR PRESENTATION, SO IF I COULD JUMP ON THAT LAST PART REAL QUICK, JUST FOR SOME CLARIFICATION.
I DO KNOW THAT THE LAW REQUIRES US TO, OR REQUIRES THE CITY TO BE PAID FOR WHAT'S CALLED THE COST OF SERVICE.
SO SLIDING SKILL DOESN'T REALLY WORK BECAUSE THE, I I DID TRY THAT WITH THE BOARD OF ADJUSTMENT APPLICANT ASSISTANCE PROGRAM.
BUT WHAT I THINK WOULD WORK HERE, JUST AS A SUGGESTION TO THE WORKING GROUP, UM, WOULD BE AN AMENDMENT TO THE BOARD OF ADJUSTMENT APPLICANT ASSISTANCE PROGRAM TO, UH, INCLUDE, UH, AN EXTRA LINE OR AN EXTRA SECTION REGARDING INTERPRETATION
[01:35:01]
APPEALS.BECAUSE RIGHT NOW IT'S ONLY COVERING SPECIAL, UH, EXCEPTIONS AND HARDSHIP VARIANCES.
LIKE THAT'S, THOSE ARE THE TWO THINGS THAT WERE DEFINED IN THE RESOLUTION.
SO THERE'S ROOM TO ADD ON INTERPRETATION APPEAL TO GET THOSE SAME FOLKS WHO QUALIFY UNDER THAT SAME CRITERIA ADDED IN.
AND THAT WOULD BE A NICE LITTLE STEP.
I THINK, I'M NOT SURE, SORRY, MY BRAIN'S THINKING IN MY MOUTH OPENED
THEY'RE SO ON AN APPEAL THOUGH, YOU'RE TALKING ABOUT THE ASSISTANCE PROGRAM.
IT'D BE CERTIFIED BY AUSTIN PUBLIC HEALTH.
THIS IS KIND OF LIKE A DIFFERENT BEAR.
UM, THIS IS A LOT OF TIMES YOU'LL SEE A NEIGHBORHOOD ASSOCIATION WILL FILE A CASE FOR INTERPRETATION OR APPEAL OF THE DECISION.
AND I MEAN, YOU KNOW, MY THOUGHTS ON THIS ARE, ARE I DON'T THINK IT'S RIGHT THAT SOMEBODY SHOULD TAKE, YOU KNOW, A NEIGHBOR ASSOCIATION, WHATEVER, CHARGES $10.
SO THERE'S SOMETHING THAT HAPPENS FOR SOMEBODY TO FILE AN APPEAL.
THERE IS A A I A POINT OF BEING WRONGED ABOUT THIS IS JUST NOT RIGHT.
AND THEN ON TOP OF THAT, IT'S GONNA COST YOU ABOUT $3,000 TO CHASE THIS TURBO WHEEL WITH YOUR $10 DUES TIMES.
YOU KNOW, IT'S JUST, IF YOU GET TO THE POINT WHERE YOU HAVE HIT THE CHRIS ROCK MOMENT OF THAT AIN'T RIGHT AND THEN YOU GET HIT WITH YOUR 2,700 AND WHATEVER, THERE ARE THINGS THAT THE CITY DOES THAT ARE FOR THE GOOD OF THE CITIZENS.
AND I, I FEEL STRONGLY ABOUT THE ASSISTANCE PROGRAM, BUT I FEEL VERY STRONGLY ABOUT THIS, THAT IF A SAY IF A REGISTERED NEIGHBORHOOD ASSOCIATION FILES THE APPEAL VERSUS AN INDIVIDUAL FILES THE APPEAL OR YOU KNOW, SOME WAY THAT WE COULD TRY TO UPDATE THE CODE.
AND I'M SORRY I DIDN'T PARTICIPATE THOUGH.
HE SAID THAT DEFINITELY SOUNDS LIKE SOME GREAT ADVICE FOR THE WORKING GROUP OF YEAH, AND AND I'LL SAY THAT, UH, SORRY, ONE SEC.
YEAH, I JUST WANTED TO SAY THAT THE, YOU KNOW, THESE INTERPRETATION APPEALS ARE REALLY DIFFERENT SORT OF THINGS THAN, UH, REQUESTS FOR VARIANCES, REQUESTS FOR SPECIAL EXCEPTIONS, THOSE SORTS OF THINGS.
UM, AND, AND I'M NOT SURE THAT IT IS A GOOD FIT FOR THE ASSISTANCE PROGRAM BECAUSE THEN YOU'RE, YOU ARE HAVING THE CITY PAY FOR BASICALLY BOTH SIDES OF THE ARGUMENT.
YOU'RE HAVING THEM PAY STAFF
AND THEN YOU'RE HAVING THE CITY PAY FOR SOMEBODY CHALLENGING THE, UH, THIS DECISION OF, OF CITY STAFF.
AND, AND I, I JUST DON'T THINK THAT THAT WOULD NECESSARILY WORK.
I WOULD POINT OUT THAT IN, UH, THE GOVERNMENT, LOCAL GOVERNMENT CODE TWO 11.010, UH, SPECIFICALLY ABOUT APPEALS TO BOARDS OF ADJUSTMENT, IT SAYS THAT THE, UH, THE PERSON APPEALING HAS TO FILE WITH THE BOARD AND THE OFFICIAL FROM WHOM THE APPEAL IS TAKEN, THE NOTICE OF APPEAL STATING THE GROUNDS FOR THE APPEAL.
SO I THINK PART OF THIS IS JUST BEING ABLE TO LET PEOPLE KNOW, AND MAYBE WE NEED TO HAVE SOME SORT OF, UM, I DON'T KNOW, SOME BUDGET ITEM FOR, FOR, YOU KNOW, HATE TO SAY IT'S PR, BUT I MEAN PUBLIC, UH, PUBLIC UH, UH, INFORMATION THAT, YOU KNOW, IF YOU HAVE A PROBLEM WITH A, WITH AN INTERPRETATION AND KIND OF PUTTING ASIDE THE ISSUE OF DID YOU FIND OUT ABOUT IT BECAUSE IT WAS, YOU KNOW, UH, PUBLICLY MADE, UM, THAT YOU NEED TO FILE WITH THE BOARD.
YOU KNOW? AND, AND I THINK THAT THAT'S IMPORTANT THAT PEOPLE UNDERSTAND THAT THEY NEED TO FILE THEIR APPEAL, THEY NEED TO FILE IT WITH THE BOARD AND WITH THE OFFICIAL WHOSE DECISION THEY'RE COMPLAINING ABOUT.
UH, AND I THINK THAT THAT WOULD HELP A LOT.
AND THAT DOESN'T REALLY GET INTO THE, THE ISSUE OF THE, THE, THE FEES AND ALL OF THAT.
I THINK THAT CITI JUST NEEDS TO TAKE A LOOK AT THAT AND REALLY FIGURE OUT IS THE COST OF SERVICE IN AN APPEAL REALLY THE SAME AS THE COST OF SERVICE OF, YOU KNOW, LIKE DOING A VARIANCE REQUEST? CUZ THAT'S SORT OF, ISN'T ABOUT THE SAME AMOUNT THAT SOMEBODY PAYS FOR A FILING FEE FOR A VARIANCE REQUEST.
[01:40:01]
UM, MAYBE COMMERCIAL, UH, BUT NOT, NOT RESIDENTIAL.RESIDENTIAL IS JUST OVER 800 AFTER NOTICING IT'S 500 AND LIKE, UH, ALMOST FOR SOMETHING WITH NOTICING.
RIGHT? SO I THINK MAYBE, MAYBE KIND OF AS AN INTERIM, WHAT WE MIGHT DO IS, UH, MAYBE PASS A RESOLUTION, YOU KNOW, URGING THE CITY TO, TO LOOK AT ITS COST OF SERVICE OR THESE VARIOUS THINGS THAT COME BEFORE THE BOARD, THE VARIANCES, THE SPECIAL EXCEPTIONS AND THE, UH, AND THE APPEALS AND, AND, AND REALLY KIND OF GET A HANDLE ON EXACTLY HOW MUCH THAT IS AND, AND HOW MUCH FLEXIBILITY THERE MIGHT BE THERE FOR PEOPLE WHO REALLY JUST CAN'T AFFORD, YOU KNOW, KIND OF MONEY THAT WE'RE TALKING ABOUT.
I WILL SEND, UH, THE RESOLUTION THAT I USED AS A TEMPLATE, UH, TO THE WORKING GROUP AND THAT WILL BE PART OF Y'ALL'S JOB TO COME UP WITH THE RESOLUTION TO PRESENT TO THE BOARD TO VOTE ON BOARD MEMBER BAILEY.
YEAH, I THINK THE OTHER THING WITH THIS IS, UM, YOU'RE REALLY GO GOING TO HAVE TO WORK CLOSELY WITH LEGAL CUZ INTERPRETATIONS BRING IN THE LEGAL DEPARTMENT INTO THE PROCESS.
UM, YOU HAVE SOMEBODY, YOU HAVE LEGAL COUNSEL REPRESENTING US AND STAFF AND SO IT, IT, HOWEVER IT WORKS OUT HAS TO BE WORDED KIND OF.
I MEAN, I THINK, I THINK IT'S A HORRIBLE PROCESS RIGHT NOW.
I CAN'T STAND THAT WE ONLY GIVE THE PEOPLE 20 DAYS AND THEY DON'T EVEN KNOW SOMETHING HAPPENED.
I THINK IT, THE WHOLE THING DOES NEED TO BE REVAMPED, BUT WE ALSO HAVE TO WORK WITH LEGAL TO MAKE SURE THAT ANY, ANYTHING WE'RE DOING WILL PASS MUSTER ONCE Y'ALL PUT IN ALL THE WORK.
SO I, I, I WOULD THI I WOULD JUST SAY AS YOU GO ALONG, HAVE MARKERS IN YOUR PROCESS THAT YOU DISCUSS WITH LEGAL, YOU KNOW, WHERE YOU ARE, WHAT YOU'RE LOOKING AT AND, AND GOING FORWARD IS THIS, ARE WE ON THE RIGHT TRACK? IS THIS SOMETHING THAT WE CAN EVEN WRITE? AND THAT WOULD JUST BE MY ADVICE AS YOU'RE GOING FORWARD.
YEAH, I WAS JUST GONNA SAY THAT ONE OF THE OTHER POINTS WE TALKED ABOUT WAS THE SOCIETY OF KNOWLEDGE EQUITY.
THAT A LOT OF THE PEOPLE WHO MIGHT BE BENEFITING FROM WHAT WE'RE TALKING ABOUT DON'T REALLY UNDERSTAND THE PROCESS.
EVEN IF THEY DO FIND OUT ABOUT THINGS IN TIME.
NOW YOU CAN OFFSET THAT BY PAYING FOR A PROFESSIONAL TO REPRESENT YOU.
BUT THAT GOES BACK TO, THAT'S EVEN MORE OF A FINANCIAL BURDEN.
SO YOU MENTIONED SOMETHING ABOUT PRO BONO LEGAL SUPPORT THROUGH THE APPLICATION APPLICANT ASSISTANCE PROGRAM.
UM, I, I DON'T KNOW IF THERE'S ROOM FOR SOMETHING LIKE THAT IN THIS PROCESS, BUT IT SEEMS LIKE THAT WOULD BE A POTENTIAL WAY TO ADDRESS THIS KNOWLEDGE EQUITY ISSUE.
SO I JUST WANTED TO BRING IT UP AS A POINT OF CONSIDERATION.
CHAIR, I WANTED TO, I AGREE WITH DARRELL'S, UH, UH, POINT OF VIEW AS WELL AS BROOKS AND KELLY'S ONE.
THE THING ABOUT INTERPRETATIONS AND APPEALS ON INTERPRETATIONS, WHEN WE MAKE A DECISION ON INTERPRETATION, IT AFFECTS EVERYTHING CITYWIDE.
IT DOESN'T JUST AFFECT THAT ONE CASE.
AND WHICH WAS ONE OF MY CONCERNS WITH CODE NEXT WAS WE, IT WAS SO MODELED THAT WE WERE GONNA BE BASICALLY WRITING A CODE BY INTERPRETATION.
BECAUSE WHEN AN INTERPRETATION IS DECIDED, THAT BECOMES CODE.
SO I THINK WE HAVE TO ALSO BE VERY CAREFUL, UH, WHEN WE START GETTING INTO THAT POSITION.
UH, AND I UNDERSTAND DARRELL'S AN ACCOMPLISHED ATTORNEY, SO HE UNDERSTANDS AND MR. SMITH DOES IT WELL, THEY'RE, THEY UNDERSTAND HOW YOU CAN'T REALLY HAVE LEGAL REPRESENTING BOTH SIDES, BOTH PARTIES IN A SITUATION LIKE THAT.
BUT, UH, MY MAIN CONCERN IS THAT, UH, INTERPRETATIONS AND APPEALS ARE COMPLETELY DIFFERENT FROM VARIANCES.
SO WE JUST NEED TO KEEP THAT IN MIND AS WE, WE MOVE FORWARD.
WE, WE ESSENTIALLY WRITE CODE WHEN WE MAKE A DECISION ON AN INTERPRETATION AND MAYBE CALL A COUPLE OTHER CITIES TO SEE HOW THEY HANDLE IT.
DID Y'ALL CATCH THAT? MAYBE CALL UP OTHER CITIES TO SEE HOW THEY HANDLE IT.
I WAS ALSO GONNA SUGGEST IF YOU GUYS, IN REGARDS TO THE TIMING SECTION OF THIS, UH, IF YOU HAVE A SUGGESTION THAT YOU THINK IT SHOULD BE CHANGED TO AGAIN, PUT THAT IN THE RESOLUTION, UH, IN THE FIRST DRAFT AND LET THE BOARD, YOU KNOW, TALK ABOUT IT, DISCUSS IT, VOTE ON IT.
I MEAN, I, I HAD SUPPORT CHANGING THAT 100%.
THE PROBLEM WITH THAT IS THAT, THAT THAT DEADLINE IS SET BY STATUTE, IT'S NOT SET BY THE CITY.
OH, IS THAT A STATE STATUTE? YEAH.
IF YOU LOOK AT, UM, I SEE, UM, UH, TWO 11.010 B OF THE LOCAL GOVERNMENT CODE SAYS THE PERSON APPEALING HAS TO FILE YOUR APPEAL WITH THE BOARD AND THE OFFICIAL
[01:45:01]
TWO 10, I'M SORRY.SAYS THE APPEAL MUST BE FILED NOT LATER THAN THE 20TH DAY AFTER THE DECISION IS MADE.
SO YOU'RE, YOU'RE KIND OF, YOU'RE KIND OF STUCK THERE BY, BY STATUTE, UH, THE, THE, THE CAN WE GET CREATIVE WITH LIKE, SO IT'S 20 DAYS TO FILE, BUT MAYBE WE COULD, IS THERE SOMEWHERE THERE'S NO MIS LOPEZ THAT'S STATE LAW REQUIRED TO HEAR IT WITHIN A CERTAIN AMOUNT OF TIME AFTER OH, WE'VE, WE'VE BEEN FILED, WE'VE BEEN, UM, WE'VE GONE AROUND AND AROUND ON THAT.
THIS IS, UH, WE'VE GOTTEN TRIED TO GET FREE ALWAYS UPDATED, UH, TO TIGHTEN ITT.
LET ME TELL YOU WITH REGARD TO INTERPRETATION APPEALS TWO 11.010 D ALSO SAYS THAT THE, IN THE APPEAL HAS TO BE HEARD AND DECIDED NOT LATER THAN THE 60TH DAY AFTER THE DATE THE APPEAL IS FILED.
SO BY STATUTE YOU HAVE BASICALLY 80 DAYS TO RESOLVE THE ISSUE IF IT'S AN INTERPRETATION APPEAL.
AND THAT'S ALL SET BY STATUTE.
WHAT ABOUT MAKING CHANGES TO NOTICING? RIGHT.
NOTICE, NOTICE THE REQUIREMENT WHERE LIKE YOU SPAM THE ENTIRE AFFECTED AREA LIKE THE DAY AFTER AN APPEAL IS FILED.
BUT I GUESS THAT DOESN'T HELP IF NO ONE KNOWS THIS.
IF SOMETHING'S CHANGED THAT THEY, BUT IF YOU DON'T KNOW THEN IT, IT, THE, PROBABLY THE PL THE PRIME EXAMPLE IS THE LIFE AUSTIN CASE WHERE THEY ASKED TO BE HEARD AND THEY WERE, THEY WERE NOT SCHEDULED AND THEY SUED TO BE HEARD AND THEN, UH, UH RIGHT.
UM, WHICH IS A VERY, VERY LONG CASE.
CODE GOT CHANGED IN RESPONSE TO THIS CASE.
UM, IT, IT WAS VERY LONG AND I'M PROBABLY GONNA GET IN TROUBLE.
SO I I'M JUST GONNA STOP TALKING ABOUT IT.
WELL, I DON'T, I DON'T MIND TALKING ABOUT IT CUZ THIS IS THE REASON WHY I WAS, I WAS HAPPY TO BE ON THIS WORKING GROUP.
UH, THE LAW SAYS THAT THE OFFICIAL, UPON RECEIVING NOTICE OF APPEAL, THEY SHALL IMMEDIATELY TRANSMIT TO THE BOARD ALL THE PAPERS CONSTITUTING THE RECORD OF THE ACTION THAT IS APPEALED.
WHAT HAS HAPPENED, AT LEAST IN THAT CASE, AND I DON'T KNOW IF IT'S HAPPENED IN OTHER CASES, IS THAT THE STAFF MEMBERS OF ONE OR MORE STAFF MEMBERS MADE THE DECISION NOT TO FORWARD THE PAPERS TO THE BOARD OF ADJUSTMENT BECAUSE THEY MADE THE DETERMINATION THAT THE APPEAL HAD BEEN FILED UNTIMELY, WHICH UNDER OUR BYLAWS, DARRYL, IS A DETERMINATION THAT BOARD SHOULD BE MAKING DARRELL I'M GONNA INTERRUPT OUR ATTORNEYS ADVISED THAT IF WE'RE GONNA CONTINUE DISCUSSING THE LAW, THAT WE SHOULD CONSIDER AN EXECUTIVE SESSION AT THE NEXT MEETING.
WELL, I'M JUST SAYING THAT THAT CHAPTER TWO 11 OF THE LOCAL GOVERNMENT CODE, I THINK IS GOING TO, UM, KIND OF REDUCE OUR DISCRETION ON WHAT WE MIGHT BE ABLE TO DO IN TERMS OF TIMEFRAMES, AT LEAST FOR INTERPRETATION APPEALS.
UH, AND, AND WE'LL, WE'LL DISCUSS THAT WITHIN THE WORK.
I WANNA GO BACK TO THE NON-LEGAL PART OF WHAT HE SAYING YEAH.
OF WHAT THE NON-LEGAL PART AS THAT STAFF IN THE PAST HAS MADE DECISIONS FOR US ON WHAT WE SHOULD HEAR.
YOU KNOW, LIKE STAFF WILL GET A, AN APPEAL, BUT THEY'LL DECIDE THAT IT'S NOT A WORTHY APPEAL FOR WHATEVER REASONS.
AND MAYBE IT'S NOT, MAYBE IT IS.
WELL, WAIT, WHY DOES STAFF GET TO MAKE THAT DECISION? WELL, BECAUSE THEY CAN GET, THEY CAN GET LIKE A LOT OF REQUESTS FOR APPEAL AND SOME OF THEM ARE NOT VALID AS, BUT WHAT WE TRIED TO GET IN THE PAST IS EITHER IS FOR THEM TO SEND US EVERYTHING, BUT THEN THEY SAID THAT'S QUITE A BIT.
BUT SOMEHOW WE NEED TO HAVE SOME SORT OF GATEKEEPER OF THIS BOARD THAT WORKS WITH STAFF TO HELP WITH WHAT, HOW THOSE DECISIONS ARE MADE BECAUSE STAFF MAKES ALL THOSE DECISIONS FOR US.
NOT SAYING THAT THEY'RE WRONG OR RIGHT.
UM, BUT I DO WISH THAT MAYBE WE WOULD HAVE A SAY IN SOME OF THOSE.
UM, BUT I'M NOT SAYING THAT WE SHOULD HEAR EVERY SINGLE ONE THAT THEY GET INQUIRIES ON BECAUSE THEY, WE PROBABLY SHOULDN'T.
BUT MAYBE IF SOMEHOW THEY COULD AT LEAST DO AN EMAIL OR A CALL TO THE CHAIR AND VICE CHAIR OR SOMETHING TO WHERE, YOU KNOW, THERE CAN BE A DISCUSSION BETWEEN STAFF AND SOMEBODY ON THIS BOARD AT THE BEGINNING OF THAT APPEALS PROCESS INSTEAD OF, UM, LIKE THE LIFE CHURCH ONE WORD STAFF SAID, NO, THIS ISN'T A VALID APPEAL WHERE IT WAS IT AND IT ENDED UP BEING A THREE YEAR CASE FOR US.
BUT, AND, AND A LOT OF HEARTACHE FOR A LOT OF PEOPLE.
SO I THINK THAT'S WHERE THE PROCESS MAYBE, UM, THE WORKING GROUP CAN LOOK AT HOW CAN STAFF AND THE BOARD WORK TOGETHER.
UM, THIS IS ONE PART OF IT TO WHERE WE, WE KNOW WHAT APPEALS HAVE BEEN FILED AND MAYBE COULD BE AN INVOLVED IN THAT DECISION ON WHAT'S A VALID APPEAL AND WHAT'S NOT.
[01:50:01]
DOESN'T HAVE A HUNDRED PERCENT CONTROL OVER THAT.CUZ THAT, BECAUSE THAT WAS HOW THIS ALL STARTED WAS WAS STAFF MADE A DECISION AND WAS SUED FOR IT.
UM, AND THEN WE REALIZED, WOW, HOW MANY ARE WE NOT SEEING? BUT WE'VE NEVER PROGRESSED PAST THAT.
BUT I ALSO DON'T WANT TO DISCOUNT THE WORK THAT STAFF DOES OF WEEDING THROUGH THESE BECAUSE, YOU KNOW, MY UNDERSTANDING IS THAT, YOU KNOW, THEY, PEOPLE WILL CALL AND SAY, HEY, CAN WE APPEAL THAT DECISION? BUT THERE, THERE WERE, THERE'S PARAMETERS IN WHO CAN AND WHO CAN'T.
WE HAD TO DEFINE WHAT AN INTERESTED PARTY WAS AND IS WHAT IT IS AND ISN'T, UM, WHO NOT AN INTERESTED PARTY, BUT A IS IT AN INTERESTED IT'S A WHAT? AGGRIEVED PARTY.
OR, BUT BUT YOU HAD TO HAVE STANDING STANDING, YEAH.
THAT'S WHAT THE WORD I'M THINKING.
SO, UM, WE CHANGED A LITTLE BIT WHAT STANDING IS, BUT YOU, WE NEED TO, I THINK, UM, LOOK AT, AT HOW STANDING IS DEFINED ON WHO CAN FILE AN APPEAL AND WHO CAN'T WAS THE OTHER ISSUE.
AND ALSO, YOU KNOW, THAT THE, SOMEBODY SOMEHOW THE BOARD HAS, MAYBE IT IS THE WORKING GROUP CONTINUES AND THEY WORK WITH STAFF WHEN SOMEBODY FILES AN APPEAL TO SAY, YEAH, THIS REALLY ISN'T A VALID APPEAL, OR HEY, WHY DON'T WE JUST GO AHEAD AND BRING THAT IN FRONT OF THE BOARD.
I, I'D PERSONALLY LIKE TO SEE THAT TOO.
I MEAN, AT LEAST JUST A NUMBER.
YOU KNOW, LIKE, OR LIKE, OR MAYBE THIS CASE WAS APPEALED, WE DENY OR DIDN'T DETERMINE IT WAS AN INVALID APPEAL BASED ON BLOCK, YOU KNOW, JUST TO GIVE US, SOMETIMES IT WAS HARD IN HAVING THE CONVERSATION PREVIOUSLY.
IT WAS HARD BECAUSE A LOT OF TIMES PEOPLE WOULD CALL AND ASK QUESTIONS MM-HMM.
LIKE IT WAS JUST A WHY IS, YOU KNOW, NOT TO BE TRITE OR ANYTHING, BUT, YOU KNOW, WHY IS THE SKY BLUE? WHY IS THIS SETBACK? THIS, WHY IS THIS, THIS WHY, YOU KNOW, WHY, WHY, WHY, WHY, WHY? MM-HMM.
YOU KNOW? SO LIKE HOW DO YOU EQUATE THAT INTO TRYING TO PROVIDE US INFORMATION ON WHAT HAPPENS? I MEAN, TYPICALLY A LOT OF OUR CASES ARE RESIDENTIAL.
MOST SOME OF THEM ARE COMMERCIAL.
IF THEY'RE COMMERCIAL, THEY HAVE A SITE PLAN, CASE MANAGER THEY MIGHT GET INFORMATION FROM.
BUT I'M JUST SAYING LIKE YOUR, YOUR GENERAL RESIDENTIAL IS WHERE YOU'RE GONNA GET THE MOST OF THESE FROM.
AND THEN HOW DO YOU, WHERE IS THE LINE? THIS IS JUST PART OF THE CONVERSATION WE'VE HAD PREVIOUSLY.
IT ISN'T DSD SUPPOSED TO ANSWER MOST OF THOSE QUESTIONS? DON'T THEY HAVE PEOPLE AVAILABLE? RIGHT? THEY DO, BUT I'M JUST SAYING, SO IF SOMEBODY CALLS YOU AND ASKS YOU TO EXPLAIN A SETBACK AND WHAT AN ENCROACHMENT IS ALLOWED TO THE SETBACK, THEN YOU HAVE THE NONCONFORMING OR NON COMPLYING PORTION OF THE SETBACK.
RIGHT? I MEAN, BY THE TIME YOU GET THROUGH WITH THAT, YOU MAY FEEL LIKE YOU HAVE ANSWERED THEIR QUESTION AND THAT THAT'S NOT AN APPEAL ITEM AND THAT MAY HAPPEN 18 TIMES A DAY.
SO REALLY WHAT TYPE OF, WHERE'S THE, IS THAT WHAT YOU'RE REFERRING TO BOARD MEMBER? UM, YES AND NO.
I'M REFERRING TO, UM, WHEN PEOPLE TAKE IT A STEP FURTHER AND SAY, I, YOU KNOW, I'D LIKE TO APPEAL THIS AND STAFF MAKES THE DETERMINATION WITHOUT US EVER BEING ABLE TO WEIGH IN, EVEN THOUGH I KNOW SOME OF THOSE ARE NOT VALID APPEALS TOO.
I MEAN, I THINK THAT, THAT THERE HAS TO BE A CERTAIN GATEKEEPER REQUIREMENT WHERE, YOU KNOW, IF IT DOESN'T MEET X, Y, AND Z, IT DOESN'T GO ANY FURTHER.
WE DON'T NEED TO HEAR ABOUT IT.
BUT IF IT, IF IT DOESN'T MEET X AND Y BUT MAYBE MEETS Z, THEN MAYBE AT LEAST CONFER WITH ONE OR TWO PEOPLE ON THIS BOARD, YOU KNOW, THAT ARE ASSIGNED TO THAT OR SOMETHING TO SEE IF MAYBE THAT'S SOMETHING THAT WE WOULD BE, FEEL LIKE IS VALID ENOUGH TO HEAR AS IT IS.
IT CAN BE ONLY Y IS VALID AND X AND YOU KNOW IT, YOU KNOW, THEY PICK WHAT'S VALID AND WHAT'S NOT.
I DO AND THEY WORK HARD, BUT IT WOULD NEED TO BE A SITUATION WHERE CERTAIN PARAMETERS ARE SET YES.
FOR WHAT, UH, WHAT CITY STAFF IS GOING TO HANDLE THEMSELVES.
AND THEN AS YOU SAID, EITHER A FLOW CHART, IF YES OR NO GO TO HERE OR SOMETHING THAT CHECKS OFF THE BOXES.
BECAUSE IT HAS TO BE DONE QUICKLY.
IF THEY CHECK OFF ENOUGH BOXES, THEN IT CAN BE FORWARDED TO THE CHAIR OR THE VICE-CHAIR YES.
BECAUSE SOME PEOPLE, IF THEY COME IN, THEY MAY NOT CHECK THOSE BOXES OFF.
THEIR ANSWERS ARE AS YOU STATED MM-HMM.
WHEREAS THEY'RE GONNA HAVE OTHER PEOPLE THAT NO MATTER WHAT ANSWER YOU GIVE THEM, THEY'RE NOT GONNA FEEL SATISFIED.
[01:55:01]
MEET A CERTAIN CRITERIA AND WITHIN THE PARAMETERS YES.BECAUSE I, THE STAFF, THEY DO AN EXCELLENT JOB.
NO DOUBT THEY DO, BUT THEY'RE ALSO PAID.
AND SO TO TAKE UP THIS BODY'S TIME IS THE, I'VE ALWAYS VE FELT VERY STRONGLY A PERSON'S TIME IS THE MOST VALUABLE ASSET THAT THEY HAVE.
AND SO WHEN YOU HAVE CITIZENS, UH, COMMISSIONS AND BOARDS AND PEOPLE WANT TO TAKE UP THAT TIME, THEY'RE ASKING FOR THEM TO GIVE UP THE MOST PRECIOUS COMMODITY THEY HAVE.
AND SO THEREFORE IT NEEDS TO BE VALIDATED THAT THIS IS REALLY WORTHWHILE.
FOR EVERY, BECAUSE YOU'VE BEEN ON HERE LONG ENOUGH, BROOKE.
SO WE EITHER, WE'VE COME SOME, IF I COULD JUST JUMP IN BECAUSE I'M, I'M MISSING ONE LITTLE PART OF THIS.
WHERE, WHERE IN ALL OF THIS ARE WE TALKING ABOUT INSERTING THIS, THIS TOOL OR THIS PACKAGE? WELL, THIS WOULD BE WHEN, WHEN THEY'RE FIRST FILING THE APPEAL.
WHEN, WHEN THEY, AS THEY'RE ACTUALLY FILING THE APPEAL FOR WELL, AS THEY'RE MEETING IT GETS TURNED DOWN.
WELL, I MEAN IT'S JUST, IT NEEDS TO BE IT WHEN THE APPEAL COMES IN, UM, BECAUSE IT IS A VERY FAST PROCESS.
IT HAS TO COME IN, WE HAVE TO HEAR IT, BOOM, BOOM, BOOM.
THERE'S, WE DON'T EVER KNOW, YOU KNOW, UH, IF HOW MANY APPEALS COME IN, WHAT APPEALS COME IN BECAUSE STAFF DOES DO A VERY GOOD JOB OF WEEDING THOSE OUT.
BUT THERE MIGHT BE SOME THAT WE MIGHT, WE MIGHT WANT TO HEAR.
SO IF, YOU KNOW, HAVE A CHECKOFF AND IF IT MEETS, YOU KNOW, ALL, IF IT DOESN'T MEET ANYTHING, IT'S GONE.
BUT IF IT MEETS X, Y YOU KNOW, MEETS SOME THEN AT LEAST PUT IT PAST THE CHAIR AND THE VICE-CHAIR OR SOMEBODY JUST TO SAY, HEY, YOU KNOW, THIS ONE NOT QUITE SURE ABOUT BECAUSE WHAT THE LIFE, AUSTIN, YOU KNOW, LIKE THEY SAID, THEY SUED BECAUSE THE STAFF MADE A DETERMINATION THAT THEY DIDN'T, THEY DIDN'T HAVE STANDING OR SOMETHING.
IT WAS, UH, THERE WAS AN ADMINISTRATIVE DECISION THAT HAD NO NOTICE.
SO THEY WERE APPEALING AN ADMINISTRATIVE DECISION PAST THE DATE, BUT THERE WAS NO NOTICE OF THE DECISION.
AND THE, AND THE HARD THING WITH THE INTERPRETATION CASES IS THEY'RE VERY RARE AND EACH ONE IS SO COMPLETELY DIFFERENT AND ALL THE REQUIREMENTS ARE GONNA BE DIFFERENT BECAUSE THEY'RE JUST, THEY'RE SO DIFFERENT.
BUT, BUT I THINK THAT THAT, AND THIS HAS BEEN THE THING THAT WE'VE STRUGGLED WITH.
WHAT, WHAT ARE THOSE REQUIREMENTS WHERE STAFF NEEDS TO, YOU KNOW, NOTIFY US, UH, THAT, THAT THEY EVEN HAVE THIS IN THE WORKS, WHETHER WE HEAR IT OR NOT.
WELL, SOME OF, IN SOME OF THE APPEALS, WE ALREADY HAVE CODE THAT ADDRESSES THEM, THAT THE CITIZENS THEMSELVES REALLY ACCEPT IT.
THEY JUST WANT TO HEAR IT FROM THIS BODY BECAUSE THEY FEEL LIKE THEY'RE NOT GETTING SHORT SHIFT.
WE GET MANSPLAINED RESPECT STAFF.
THEY DON'T FEEL LIKE SOMEBODY'S, YOU KNOW, THEY'RE NOT GETTING THEIR, THEIR DUE PROCESS OF BEING HURT.
BUT, UM, WOULD WE STILL, AT THE END OF THE DAY, WE JUST HAVE TO BE VERY CAREFUL BECAUSE AGAIN, WE ARE RIDING CODE.
SO, UH, WORKING GROUP, LOT OF NOTES THERE.
I THINK BY THE WAY, WORKING GROUP, IT'S ON VIDEO.
KELLY, DID YOU GUYS, UH, UH, BOARD MEMBER BLOOM? ONE LITTLE QUESTION.
IT IS ACTUALLY RELATED, BUT HAVE WE EVER HAD ANY CITIZENS COME AND SPEAK DURING OUR PUBLIC COMMUNICATION PART OF OUR AGENDA? NOT LAST BEEN ON THE BOARD.
I CAN COUNT ON ONE HAND AND HAVE MOST OF MY FINGERS LEFT
THAT WOULD BE AN OPPORTUNITY FOR SOMEBODY WHO FEELS AGGRIEVED TO TALK TO US DIRECTLY, EVEN THOUGH IT WOULD BE BEYOND THE 20 DAY DEADLINE FOR AN APPEAL.
BUT IN GENERAL, I, LIKE, I HAVEN'T BEEN TO ALL THE MEETINGS OF COURSE.
SO I DIDN'T KNOW IF THAT HAD HAD COME UP.
NO, BUT THAT'S WHY WE HAVE HAVE TO GET YOU ON HERE FULL TIME.
BUT I MEAN, I COULD ALWAYS TAKE THAT INFORMATION TO PLANNING COMMISSION.
YOU KNOW, THAT'S, THAT'S ACTUALLY CLOSE TO CODE CHAIN.
PART OF THE, PART OF THE HAVING CONVERSATION ABOUT SOMETHING THAT WAS AT THAT LEVEL OF APPEAL OR NOT COULD BE WHETHER OR NOT WE HEAR IT AS A CASE, COULD BE A SUBJECT THAT JUST MIGHT BE WORTHY OF CONVERSATION.
IF IT WAS THAT TO THE EDGE OF SOMETHING.
WHETHER IT'S, YOU KNOW, THAT PARTICULAR MOMENT IS GONE AND THERE'S A FORWARD THOUGHT.
I'VE GOT HABITABLE ADDICT SPACE IN PART OF OUR, A HABITABLE ADDICT IS PC REAL? YOU WHAT? HABITABLE ADDICT SPACE.
IT'S PART OF, WE'RE JUST UNDER DISCUSSION IN THE WORKING GROUP OF PC.
I CAN TELL YOU WE HAVE DONE SEVERAL.
AND, UH, AND THAT'S A SLIPPERY SLOPE RIGHT THERE.
WE'LL DISCUSS IT AT ANOTHER TIME.
[02:00:01]
IT WAS JUST, UM, I JUST REALLY WANTED TO CIRCLE BACKGROUND TO ONE OF THE MOST IMPORTANT THINGS AND WITH NO NOTICE, THERE'S NO KNOWLEDGE AND THEY'VE MISSED THE DEADLINE.AND SO ONE OF THE MOST FUNDAMENTAL THING IS THE CITY DOES HAVE A DUTY TO INFORM THE PUBLIC THE SAME WAY THEY INFORM THEM ABOUT OTHER ACTIVITIES.
I'M INCLINED TO AGREE WITH THAT.
I MEAN, HALF THE TIME, I DON'T KNOW STUFF'S COMING UNTIL IT SHOWS UP.
LIKE THERE'S STUFF THAT LITERALLY BLOCKS AWAY FROM MY HOUSE WHERE I SHOULD BE GETTING NOTICE AND DIDN'T.
AND THEN IT SHOWED UP BEFORE PLANNING CONVENTION.
I WAS LIKE, WAIT A MINUTE, I GET THAT.
I CAN'T SPEAK ON THIS, BUT I SHOULD HAVE AT LEAST BEEN NOTICED.
SO THAT'S HOW, THAT'S HOW LONG NOTICE TAKES TO GET OUT.
AND THEN, YOU KNOW, IF YOU'RE A NEIGHBORHOOD ASSOCIATION AND IT GOES TO YOUR ZONING CHAIR AND THEY HAVE KIDS OR DA DA OR YOUR NEXT MEETING IS, YOU KNOW, A MONTH AND A HALF FROM NOW, THAT'S HOW EVERYBODY, AND THEN, YOU KNOW, AND THEN THE CITIZENS TAKE THEIR TIME AND COME.
AND THAT'S WHY YOU ACTUALLY HAVE TO BE, YOU KNOW, BE KIND TO THE CITIZENS.
I MEAN, THEY'RE GIVING UP THEIR TIME.
THEY MAY OR MAY NOT UNDERSTAND THE, THE NOTICES.
IF YOU LOOK AT WHAT'S ON THE NOTICE, IT'S NOT EVEN UNDERSTANDABLE IF YOU DON'T SPEAK THAT LANGUAGE.
YOU'RE LIKE, WHAT IS THIS SAYING? MY NEIGHBOR'S AN AX MURDERER.
OH MY GOD, I SHOULD GO DOWN THERE.
OR, YOU KNOW, WHAT IS IT? AND, AND HONESTLY IT'S REALLY HARD.
THAT'S WHY I ALWAYS TRY TO BE NICE.
WELL I I, I LOVE WHAT YOU GUYS HAVE DONE SO FAR.
UH, LIKE I SAID, I'LL EMAIL YOU THE, THE INFORMATION FOR COST OF SERVICE AND WHERE LEGAL STANDS ON IT FOR US.
UH, SO THAT YOU GUYS COULD USE IT AS A GUIDELINE TO TRY TO FIGURE OUT MAYBE HOW TO LOWER THAT COST.
I'M NOT EVEN, I GUESS THAT'S SOMETHING Y'ALL WILL HAVE TO KEEP DISCUSSING.
MAYBE DIG INTO A LITTLE BIT DEEPER, TALK TO LEGAL ABOUT, UH, Y'ALL CAN ASK FOR OUR BOARD ATTORNEY TO JOIN YOU IN A WORKING GROUP SESSION TO OFFER LEGAL ADVICE ONLY, BUT WE'LL NEED TO SCHEDULE THAT THROUGH ELAINE.
SO WHOEVER IS IN CHARGE OF THE WORKING GROUP, YOU CAN GO THROUGH ELAINE FOR THAT.
I KNOW WE DON'T DO IT OFTEN, BUT CUZ WE MAY WANNA SET UP A TEAMS MEETING FOR THAT.
GET EVERYBODY IN THE SAME THING.
I'M NOT PART OF THAT WORKING GROUP THOUGH.
WOULD YOU BE OKAY WITH THAT? WITH THAT RIGHT.
DISCUSSING THE LEGAL ASPECTS OF HOW TO MAKE ME, UM, ADJUST TIMING OR NOTIFICATION.
I MEAN, CUZ THE ONLY CONSTRAINT WE HAVE IS THAT STATE LAW.
YEAH, I DON'T, I DON'T KNOW HOW YET.
I'LL, I'LL, I'LL I'LL LOOK INTO THAT.
LOOK AT THE, SOME OF THE STUFF WE'RE FED UP HERE, LIKE THERE'S LOOPHOLES EVERYWHERE.
WE JUST HAVE TO FIND IT AND WRITE IT AND THEN HOPE THE TEXAS LEDGE DOESN'T WRITE SOMETHING TO COUNTERACT IT.
WELL LET'S, LET'S GO AHEAD AND WRAP THAT FOR THIS EVENING.
[11. Discussion of future agenda items, staff requests and potential special called meeting and/or workshop requests]
ITEMS. UH, I DON'T KNOW IF ANYBODY WOULD BE INTERESTED.ANYBODY, ANYBODY KEEPING UP WITH THAT ONE? IT'S, UH, CITIES CAN'T DISCUSS IT.
YEAH, IT WOULD JUST BE, YOU CAN PUT IT AS IF YOU, I'M GONNA PUT IT AS THE FUTURE AGENDA ITEM, UH, TO DISCUSS PROPOSED SENATE BILL FOUR 19, WHICH PROBABLY WON'T MAKE IT OUT OF COMMITTEE, BUT JUST IN CASE.
IS THAT THE WHAT? NO, I CAN'T TALK ABOUT IT.
LEGAL JUST SAID WE CAN'T DISCUSS IT.
OH, I WASN'T GONNA TALK ABOUT IT.
I WAS GONNA TALK ABOUT THE PEOPLE THAT ARE SUBMITTING SOME OF THESE BILLS THAT DON'T LIVE IN A POPULATION DO NOT LEGAL IN TROUBLE.
I JUST WANNA TELL HIM STAY IN YOUR LANE.
SO, UH, WITH THAT THEN IT IS, UH, 7:41 PM AND I HEREBY CALL.
DID Y'ALL HAVE QUESTIONS OR ARE YOU WAVING? BYE-BYE.
UH, NICOLE OR SORRY, BOARD MEMBER WADE.
UM, I DON'T HAVE A QUESTION, BUT I JUST WANTED TO LET EVERYONE KNOW THAT
[02:05:01]
MY TERM HAS EXPIRED AS OF THIS MONTH.SO I WANTED TO THANK EVERYONE.
IT'S BEEN A PLEASURE SERVING WITH YOU GUYS AND I WISH YOU ALL THE BEST.
SO REMEMBER, FOR, FOR ANYONE WHO DOESN'T KNOW IF THEY'RE BEING REAPPOINTED OR MAY NOT BE REAPPOINTED, YOU STILL SERVE UNTIL YOUR APPOINTMENT IS MADE.
LIKE YOUR REPLACEMENT HAS TO BE THERE BEFORE YOU LEAVE.
AND, AND SO YOU GUYS HAVE AT LEAST HAVE YOU ADJOURN THE MEETING? NO, I DID NOT SAY ADJOURNED.
I STOPPED IT WHEN SHE STARTED RAISING HER HAND.
I SAID HERE THIS TIME I HEREBY AND I STOPPED THERE.
SO YOU GUYS HAVE UP TO 60 DAYS? UH, POSSIBLY MORE IF THERE'S BEEN NO APPOINTMENT.
SO YOU MAY BE BACK WHETHER YOU LIKE IT OR NOT.
HOW GONNA LET YOU GO? AND IF YOU HAVE ANY QUESTION, CALL, EMAIL ME OR EMAIL AT LANE.
IT'S NOW 7:42 PM I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT ADJOURNED.