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[CALL TO ORDER]

[00:00:02]

IT IS 5:39 PM ON MAY THE EIGHTH, 2023.

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

LET'S CALL THE ROLL.

TOMMY AIDS DEAR JESSICA COHEN.

I AM HERE.

MELISSA HAWTHORNE? HERE.

BRIAN POTI.

HERE.

AUGUSTINA RODRIGUEZ.

SHE OUT.

SHE'S OUT.

OKAY.

MARGARET SHANI HERE.

AND YOU GOT IT.

.

RICHARD SMITH.

HERE.

JANELLE.

VINCENT.

HERE.

MICHAEL ON OLAN IS OUT.

NICOLE WADE.

HERE.

KELLY BLOOM HERE.

AND MARCEL GARZA HERE.

OKAY.

WE HAVE A QUORUM.

UH, WELCOME TO OUR NEW MEMBERS.

UH, GIVE YOU ALL AN OPPORTUNITY TO SPEAK TOWARDS THE END OF THE MEETING.

IF YOU HAVE ANY REMARKS, COUPLE OF QUICK HOUSEKEEPING RULES.

UH, PLEASE TURN OFF YOUR CELL PHONES OR PUT THEM ON VIBRATE AFTER YOUR CASE IS OVER.

PLEASE TAKE, WELL, THERE'S ONE CASE JUST WHEN YOU'RE DONE TOMORROW, CONTACT ELAINE IF YOU HAVE ANY QUESTIONS.

UM, WHEN YOU'RE ADDRESSING THE BOARD, PLEASE SPEAK DIRECTLY TO THE BOARD IF THERE'S OPPOSITION OR IN FAVOR.

DO NOT ADDRESS EACH OTHER.

OKAY.

UM, WE'RE NOT GONNA NEED TO TAKE A BREAK TONIGHT.

PARKING TICKETS.

UH, MAKE SURE YOU GET YOUR PARKING TICKET STAMPED.

THERE'S A LITTLE CLAMSHELL OVER HERE BY WHERE YOU ENTER.

JUST PUT IT IN THERE, STAMP IT, WRITE YOUR NUMBER ON THE LITTLE PAPER, AND YOU WON'T HAVE TO PAY FOR PARKING.

UM, AM I ANYTHING? OKAY.

ANYONE WHO'S GOING TO BE GIVING TESTIMONY TONIGHT, I NEED YOU TO PLEASE STAND.

I'M GONNA HAVE YOU TAKE AN OATH.

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

ALL RIGHT.

THANKS SO MUCH.

OKAY.

WE'LL START WITH PUBLIC COMMUNICATION.

IS THERE ANY PUBLIC COMMUNICATION, ELAINE? PUBLIC COMMUNICATION? NOPE.

NOBODY SIGNED UP.

OKAY.

GET THAT OUTTA THE LANE.

[APPROVAL OF MINUTES]

ITEM ONE.

APPROVAL OF THE MINUTES FROM APRIL 10TH, 2023.

MOTION TO APPROVE.

I HAVE A MOTION TO APPROVE MADE BY BOARD MEMBER HAWTHORNE.

SORRY.

VICE CHAIR HAWTHORNE.

DO I HAVE A SECOND? I'LL SECOND.

THANK YOU.

HAVE TO UPDATE THIS.

OKAY.

AGAIN, IT'S THE MOTION TO APPROVE.

SECONDED BY BOARD, OR MADE BY VICE CHAIR HAWTHORNE.

SECONDED BY BOARD MEMBER SHERIFF STANNY AND TOMMY AINS.

YES.

JESSICA COHEN.

YES.

MELISSA HAWTHORNE.

YES.

BRIAN POTI.

YES.

MARGARET SHANI.

SHANI.

GOD, LET'S HEAR IT.

GO AGAIN.

.

RICHARD SMITH? YES.

JANELLE VEK.

YES.

NICOLE WADE.

I'LL AB STAIN BECAUSE I WAS ABSENT.

OKAY.

KELLY BLOOM? YES.

AND MARCEL GARZA EPSTEIN WASN'T HERE.

OKAY.

MINUTES ARE APPROVED.

ITEM

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

TWO, DISCUSSION OF STAFF AND APPLICANT REQUESTS FOR POSTPONES AND WITHDRAWALS OF PUBLIC HEARING CASES.

UH, WE HAVE NONE BECAUSE THERE'S ONLY ONE CASE.

LUCKY.

SO WE'RE JUST GONNA SKIP THAT.

[3. C15-2023-0024 Micah King for Thomas Neal Hull 1502 Hillmont Street]

MOVING ON.

ITEM THREE.

SO NEW VARIANCE CASE C 15 20 23 0 0.

TWO FOUR.

MICAH KING FOR THOMAS HALL.

15 TWO HELLMONT STREET.

I THINK YOU HAVE A PRESENTATION, RIGHT? YES.

SO JUST GIVE US A SEC.

CAN YOU

[00:05:01]

GET YOUR PRESENTATION PULLED UP? AND YOU KNOW THE DRILL.

STATE YOUR NAME FOR THE RECORD.

FIVE MINUTES, YADA YADA.

GOOD EVENING, CHAIR AND BOARD MEMBERS.

UH, MICAH KEEN WITH HUSH BLACKWELL ON BEHALF OF THE APPLICANT.

UH, GOOD TO SEE YOU ALL TONIGHT, INCLUDING SOME NEW FACES.

SO THIS IS A VARIANCE REQUEST FOR 1502 MONT STREET, AND THE VARIANCE IS FOR A NEW HOMESTEAD RESIDENCE.

AND WE ARE ASKING FOR IT DUE TO UNIQUE SITE CONSTRAINTS, UH, INCLUDING HERITAGE AND PROTECTED TREES IN THEIR CRITICAL ROOT ZONES IN LARGE CANOPIES AND SUBSEQUENT IMPACT TO BUILDABLE AREA.

UH, IMPAIRMENT OF VISIBILITY AND ACCESS TO NATURAL LIGHT AND NEED TO IMPACT, UH, IMPACTS TO, TO SLOPES GREATER THAN 15%, UM, DUE TO SOME LOCALIZED DRAINAGE ISSUES.

UM, AND YOUR BACKUP ARE EIGHT LETTERS OF SUPPORT FROM NEIGHBORS WHO LIVE ON THE STREET.

UM, AND THERE'S ALSO VERBAL SUPPORT FROM ADDITIONAL NEIGHBORS NEARBY.

I'M TRYING TO GET THIS CLICKER TO WORK.

OKAY.

SO THE, UH, VARIANCES FOR A SELLER AND BUYER WHO ARE LONG-TERM NEIGHBORHOOD RESIDENTS, UH, WITH A SELLER HAVING PURCHASED A HOME NEARLY A QUARTER CENTURY AGO, UH, BECAUSE OF HIS CARE AND CONCERN FOR THE NEIGHBORHOOD AND HIS NEIGHBORS, UH, HE WISHES TO SELL TO A LOCAL BUYER WHO WILL REBUILD SOMETHING THAT WILL BE RESPECTFUL OF HIS NEIGHBORS, UM, WHICH IS AS SHOWN ON THE DEPICTED, UH, DEPICTED ON THE PROPOSED PLANS, AND AS EVIDENCED BY THE SUPPORT FROM THE NEIGHBORS.

UH, THIS IS A MAP OF THE PROPERTY LOCATION JUST SOUTH OF, UH, MARTIN SPRINGS ROAD AND JUST WEST OF SOUTH OF MAR BOULEVARD.

UH, THIS IS A MAP TO SHOW THE AREA ZONING TO SHOW THAT WE BACK UP THE REAR OF THE PROPERTY TO THE PROPERTY THAT, UM, IS ALLOWED TO GO TO HIGHER, MUCH HIGHER IN FACT, THAN WHAT WE'RE REQUESTING, WHICH IS 37 FEET.

UM, INSTEAD OF THE MAXIMUM ALLOWED OF 32 FEET.

SO PROPERTY BEHIND US CAN GO UP TO 60 OR 90 FEET.

UH, THAT'S THE EXISTING STRUCTURE, UH, VIEW OF THE PROPOSED STRUCTURE.

IF THE VARIANCE IS APPROVED, UH, THE VARIANCES REQUESTING ARE TO GO ABOVE THE, UH, SUBCHAPTER F RESIDENTIAL DESIGN AND COMPATIBILITY STANDARDS HEIGHT LIMIT OF 32 FEET TO 37 FEET, AND TO EXCEED THE REVERSE STEP PLANE FOR, UM, THREE FEET, TWO INCHES.

AND I HAVE A EXHIBIT TO HELP ILLUSTRATE THAT, UH, REASONABLE USE.

UM, THE REGULATIONS UNREASONABLY CONSTRAIN THE ABILITY OF THE OWNER TO HAVE ADEQUATE HOUSING TO MEET THEIR LONG TERM NEEDS, UH, FOR A GROWING FAMILY.

DUE TO THE, UH, STATE OF THE HOUSE, IT DOESN'T MAKE SENSE TO RENOVATE IT AND IT WOULDN'T MEET, UH, THEIR NEEDS.

UM, ANYWAYS, UM, THE REASONABLENESS INCLUDES A CAN EVER DESIGNED TO ALLOW FOR REDUCED IMPACT OF SLOPES AND CRITICAL ROOT ZONES, AND IT WOULD SHIFT THE HOUSE MAIN LIVING AREA AND MASSING TO THE REAR OF THE PROPERTY, UH, KEEPING THE FRONT OF THE PROPERTY COMPLIANT WITH THE HEIGHT LIMITS.

UM, AND WE WOULD BE UTILIZING MUCH LESS THAN, UH, THE BUILDABLE TENT AREA UNDER SUBCHAPTER F UH, IN ORDER TO HONOR THE INTENT OF THOSE STANDARDS.

THE HARDSHIP IS UNIQUE TO THE PROPERTY.

UM, IT HAS A UNIQUE COMBINATION OF LIMITED BUILDABLE AREA, INCLUDING PROTECTED HERITAGE TREES, UH, LARGE CRITICAL ROOT ZONES AND TREES.

ACCESS, UH, TO NIGHT LIGHT BEING LIMITED, UH, SLOPING TOPOGRAPHY, UM, AND STREET STORY CONDOM MILLION VIDEOS TO THE REAR WITH A COMBINED WITH A 3,450 FEET.

SORRY, I'M TRYING TO GET THROUGH A LOT OF CONTENT QUICKLY.

, UH, THIS SLIDE SHOWS THE, UH, CRITICAL ROOT ZONES, UH, THE HALF AND FULL CRITICAL ROOT ZONES OF THE TREES, UH, THAT COMPLETELY ENVELOPED THE PROPERTY.

UH, THESE PHOTOS SHOW THE, UH, LIMITED, UM, VISIBILITY FROM THE STRUCTURE, UM, AS WELL AS THE, THE TREES AND HOW THEY ARCH OVER THE EXISTING STRUCTURE, UM, AND HAVE BUILT UP AROUND IT OVER THE PAST, UH, 70 YEARS SINCE THE HOUSE WAS CONSTRUCTED.

UH, THIS AGAIN SHOWS THE UNIQUENESS OF THE SITE, HOW THIS PROPERTY, UNLIKE ONES THAT ARE ADJACENT TO IT, IS COMPLETELY ENVELOPED IN TREES, UH, THAT WE WISH TO PROTECT, UM, AND BACKS UP TO A VERY LARGE STREET STORY CONDO BUILDING, UM, THAT SPANS THE ENTIRE, UH, VIEW FROM, UH, LEFT TO RIGHT OUT OF THE REAR.

UH, THIS MAP SHOWS THE SLOPES ARE ON THE PROPERTY, UH, SHOWING 15% SLOPES ARE GREATER ON, UH, BOTH THE REAR, UH, AND BOTH SIDES.

UH, GENERALLY, PROPERTIES IN THIS AREA DON'T HAVE THE SAME COMBINATION OF THE, THE FACTORS I MENTIONED, UH, INCLUDING CRITICAL ROOT ZONES, TOPOGRAPHY, UH, LIMITED ACCESS TO NATURAL LIGHT, AND VERY WIDE CONDOMINIUM BUILDINGS TO THE REAR ON PROPERTY ZONE MF FIVE.

UH, THE FRONT PART OF THE HOUSE, UM, WOULD NOT, UH, APPROVAL, WOULD NOT AUTHOR THE CHARACTER AREA, UH, BECAUSE THE FRONT WOULD HONOR THE INTENT, UM, AND REGULATIONS OF SUBCHAPTER F UH, BY KEEPING A HEIGHT LOWER WITH A SLOPE FRONT, UM, OF THE HOUSE.

AND SO THE SCALE AND MASSING

[00:10:01]

WILL BE SWAPPED TO THE REAR, UH, WHERE IT BACKS UP TO THE PARKING AREA FOR THE CONDOS.

UH, THIS SHOWS THE, UH, ON THE TOP WHAT WE'RE PROPOSING WITH APPROVAL.

AND THE BOTTOM CHOSE THE MASKING AS SEED FROM THE SIDE.

UM, THAT'S ALLOWED UNDER CURRENT ZONING, UH, APPROVAL.

I'LL STOP THERE, BUT WE'LL BE AVAILABLE FOR ANY QUESTIONS, SO THANK YOU.

OKAY, THANK YOU VERY MUCH.

IS THERE ANY OPPOSITION? WHO WISHES TO SPEAK? ANYBODY? IS THERE ANYBODY ON THE PHONE? NO OPPOSITION.

OKAY.

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

YES.

AND THEN START WITH QUESTIONS.

IF THERE IS SIGNED UP, CAN WE SPEAK IN FAVOR? UH, I GUESS SINCE THERE'S NO OPPOSITION, IF THERE, WOULD EVERYONE BE OKAY IF WE REOPEN THE PUBLIC HEARING OR IS THERE ANY OPPOSITION TO REOPENING THE PUBLIC HEARING FOR MADAM CHAIR? THERE'S NO, FOR A LIMITED, THERE'S, UM, SPEAKERS AND SUPPORT FROM WHAT I UNDERSTAND, BUT NOT A IN OPPOSITION OPPOSITION THAT I KNOW OF.

OKAY.

OKAY.

SINCE NO ONE'S SUPPOSED TO REOPENING THE PUBLIC HEARING, UM, FOR A LIMITED, GIVE IT A TIMEFRAME.

YEAH.

TECHNICALLY IT SHOULD HAVE BEEN FIVE MINUTES SPLIT BETWEEN EVERYONE.

SO HOW MANY OF YOU WOULD LIKE TO SPEAK IN FAVOR? TWO, THREE.

UH, LET'S DO, HOW ABOUT A MINUTE, 15 A PIECE? DOES THAT WORK? OKAY.

UH, WHO WANTS TO GO FIRST? OKAY.

COME ON UP TO THE PODIUM PLEASE.

I'LL NEED YOU TO STATE YOUR NAME FOR THE RECORD, AND THEN YOU'LL HAVE A MINUTE AND 15 SECONDS.

HELLO, UH, BOARD MEMBERS.

UH, MY NAME IS KIMBERLY COHOS.

I'M A LICENSED ARCHITECT AND A REALTOR, AND I LIVE SIX HOUSES AWAY FROM 1502 HELLMONT.

I KNOW LYDIA, WHO IS WANTING TO PURCHASE THE PROPERTY, UM, AS SOMEBODY WHO REALLY IS FOR THE NEIGHBORHOOD.

AND SO I SEE THAT SHE JUST WANTS TO DO SOMETHING THAT'S GOOD FOR THE NEIGHBORHOOD.

I THINK THAT'S SOMETHING WE SOMETIMES FORGET WHEN PEOPLE ARE ASKING FOR A VARIANCE.

UM, THERE IS A SOMETHING SHE SPEARHEADED 7 87 COALITION.COM, WHICH IS FIGHTING AGAINST THE PUDS THAT ARE BEING RUBBER STAMPED IN OUR NEIGHBORHOOD AND BUILDING TOO LARGE.

AND WHAT SHE'S TRYING TO DO HERE, I THINK IS SOMETHING VERY REASONABLE.

UM, THE NEIGHBORHOOD IMPACT, I JUST WANNA SAY NEIGHBORHOOD ON, ON BOTH SIDES OF THIS PROPERTY.

THAT'S WHAT I WAS MOST CONCERNED ABOUT WHEN I LOOKED AT IT.

AND THEY HAVE BOTH EXPRESSED SUPPORT FOR THE PROPERTY CHANGING IN THE WAY THAT THEY WANNA CHANGE IT.

AND I THINK THE ARCHITECTS AND THE, AND, UM, THE OWNER HAVE DONE A FANTASTIC JOB AT FIGURING OUT HOW TO CHANGE THE PROPERTY FOR THE BETTER.

UM, AND LYDIA HAS ACCOMMODATED, UH, THE NEIGHBOR ON ONE SIDE IS EVEN 18 FEET, NINE INCHES AWAY INSTEAD OF JUST BEING FIVE INCHES AWAY FROM THEIR PROPERTY.

UM, SO ANYWAY, THANK YOU.

I JUST WANTED TO SAY THIS IS, UH, UH, THREE FEET, NINE INCHES, AND THIS IS WHAT WE'RE TALKING ABOUT.

WE'RE TALKING ABOUT BUILDING INTO THE MCMANSION TENT THIS MUCH.

OKAY.

ALL RIGHT.

THANK YOU.

THANK YOU VERY MUCH.

UH, WHO'D LIKE TO GO NEXT? SAME THING.

COME UP TO THE PODIUM, STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE A MINUTE AND 15 SECONDS.

HELLO, MY NAME IS CHRISTOPHER GILL.

I AM, UM, LYDIA'S PARTNER AND A HOPEFUL PURCHASER OF THIS HOME.

UM, BUT I'M ALSO A LICENSED REAL ESTATE BROKER.

AND, UM, WHEN LOOKING AT THE INTERPRETATION OF HARDSHIPS, ONE THAT I'VE HAD A LOT OF PERSONAL EXPERIENCE WITH IS WORKING WITH FORECLOSURE AND PRE FORECLOSURE HOMES.

AND I'VE SEEN THE VERY DIRECT DAMAGE IN HARDSHIP THAT'S CREATED WHEN A PROPERTY IS NOT DESIGNED FOR THE AREA AND ACCOMMODATES CURRENT BUILDING DESIRES AND STANDARDS.

AND A LOT OF THE REQUESTS THAT WE'RE MAKING ARE AROUND TRYING TO ENSURE THAT THE AMOUNT THAT WE ARE INVESTING, UM, AS A YOUNG COUPLE, IS GOING TO A PRODUCT THAT WE ARE GOING TO, UM, SEE A GOOD INVESTMENT IN OVER THE LONG TERM.

AND JUST REALLY TRYING TO OPTIMIZE A, A PRODUCT THAT'S OBVIOUSLY GOOD FOR THE NEIGHBORHOOD.

UM, BUT THAT MAKES SENSE FOR US LONG TERM AND I APPRECIATE YOUR CONSIDERATION.

THANK YOU.

WE'D LIKE TO GO NEXT.

COME ON UP.

STATE YOUR NAME FOR THE RECORD IN MINUTE 15.

HI, JANE SANTIAGO.

UM, ALTHOUGH I AM SECRETARY OF THE CNA BOARD, I'M HERE IN MY PERSONAL CAPACITY AS A NEIGHBOR AROUND THE, UH, LOCATION THAT WE WERE TALKING ABOUT.

UM, SO I JUST WANTED TO SAY THAT IT IS PUBLIC KNOWLEDGE, THE MINUTES IN THE CNA BOARD MEMBER MEETINGS, AND WE HAVE NOT, TO MY KNOWLEDGE, HAD

[00:15:01]

A, UM, VARIANCE REQUEST IN OUR NEIGHBORHOOD WITH SO MUCH NEIGHBOR SUPPORT OR ANY NEIGHBOR SUPPORT AT ALL.

UM, I THINK THAT WE WERE NOT ABLE AS A BOARD TO SPEAK AND SUPPORT, UM, ONLY DUE TO, UH, SOME INTERESTING POLITICS IN ALL HONESTY.

BUT, UM, WE AS A NEIGHBORHOOD, UM, THE STREET SEEMS TO SUPPORT, NOT SEEMS, DOES SUPPORT THE VARIANCE AND THE VARIANCE IS ONLY IN THE BACK OF THE HOUSE.

UM, AGAIN, SO I JUST WANTED TO STATE THAT THERE HAS BEEN NO OPPOSITION FROM PEOPLE DIRECTLY AFFECTED BY THIS REQUEST.

THANK YOU VERY MUCH.

ANYBODY ELSE? YEAH.

HI EVERYBODY.

MY NAME IS JOHN HALLICK.

I'M THE ARCHITECT AND JUST WANTED TO BE HERE IN CASE THERE'S ANY TECHNICAL QUESTIONS OR THINGS LATER ON.

SO THANK YOU, OBVIOUSLY IN FAVOR OF THE PROJECT AS WELL, .

THANK YOU.

SINCE THAT WAS ONLY 20 SECONDS, WE CAN ADD THE REST OF IT.

55 SECONDS UNDER YOURS IF YOU'D MIND.

SO STATE, BRING YOUR NAME FOR THE RECORD AND WE'LL DO, UH, TWO MINUTES.

DOES THAT WORK? HI, UH, MY NAME IS LYDIA ZEN.

UM, THE, UH, ONE OF THE APPLICANTS ON THE PROPERTY, ALONG WITH MY PARTNER CHRISTOPHER.

UM, I AM, I'VE LIVED IN THE NEIGHBORHOOD SINCE 2014.

UM, ON A, ON A VERY PERSONAL LEVEL, THEY ARE, THEY ARE BUILDING, AS KIMBERLY MENTIONED, A VERY LARGE PUT BEHIND MY HOUSE, WHICH IS, UM, SORT OF CAUSED ME TO WANT TO RELOCATE, BUT THE NEIGHBORHOOD MEANS A LOT TO ME.

AND I, UM, I'M ON THE EXECUTIVE COMMITTEE.

I'M ACTUALLY THE PRESIDENT OF THE ZONING COMMITTEE, WHICH MAY ALLUDE TO WHY WE DIDN'T SPEAK ON, ON THE SUBJECT.

UM, THIS PROPERTY IS REALLY CHALLENGING.

I KNEW IT WAS CHALLENGING WHEN I FIRST SAW, BUT THE MORE THAT WE DUG INTO IT, THE MORE CHALLENGING IT GOT.

YOU CAN REALLY SEE FROM THAT GOOGLE EARTH IMAGE, UM, HOW MANY TREES ARE ON THERE AND HOW MUCH CANOPY IS ON THERE.

AND I DON'T THINK THERE'S ANYTHING ANYWHERE NEAR IT THAT'S, UH, THAT HAS THAT MUCH CANOPY.

THERE'S ALSO SLOPES ON BOTH SIDES OF THE PROPERTY.

AND, UM, IN FACT, THE NEIGHBOR TO THE EAST IS IN LITIGATION WITH THE NEIGHBOR TO THEIR EAST OVER CONSTRUCTION BECAUSE THE SLOPING CAUSED DRAINAGE ISSUES ON HER PROPERTY.

SO THAT'S WHY WE WORKED SO HARD WITH THE NEIGHBOR TO THE EAST TO MAKE SURE WE CAME UP WITH A DESIGN THAT REALLY WORKED FOR HER BECAUSE HER HOUSE HAS ALREADY BEEN DAMAGED BY CONSTRUCTION ON THE OTHER SIDE.

UM, I ALSO WANTED TO SAY THAT THIS PROPERTY'S SAT ON THE MARKET FOR EIGHT MONTHS.

UM, WE LOOKED IT UP LAST YEAR.

THE AVERAGE TIME ON THE MARKET WAS 27 DAYS IN OUR NEIGHBORHOOD.

SO THAT REALLY DOES GIVE YOU AN IDEA THAT THIS IS, THIS IS NOT, THIS IS VERY, VERY DIFFICULT.

WE WORKED VERY, VERY HARD TO JUST COME UP WITH SOMETHING THAT MATCHES THE CHARACTER OF THE NEIGHBORHOOD THAT DEALS WITH THE SLOPING, THAT DEALS WITH THE TREES, THAT DEALS WITH, UM, ALL THE VARIOUS ISSUES.

UM, AND I TRULY BELIEVE BECAUSE IT HAS THAT ON THE MARKET SO LONG, THAT IF THIS VARIANCE IS NOT GRANTED BECAUSE THERE'S JUST NOT REALLY A REASONABLE USE FOR THE PROPERTY, IT WILL SIT THERE, UH, LONGER AND LONGER, WHICH DOESN'T BENEFIT THE SELLER OR THE BUYER OR REALLY ANYBODY IN AUSTIN, CUZ WE HAVE THE HOUSING SHORTAGE .

UM, I, IN SOME, I WOULD JUST SAY THAT I THINK THIS IS A REALLY UNIQUE SITUATION BECAUSE IT'S NOT ONE THING, IT'S THE TALISMAN, IT'S THE, IT'S THE SLOPES, IT'S THE TREES ALL ADDING TOGETHER.

AND I THANK YOU ALL FOR YOUR TIME.

THANK YOU VERY MUCH.

OKAY.

AND AGAIN, SINCE THERE'S NO OPPOSITION, LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND NOW WE'LL MOVE TO QUESTIONS FROM BOARD MEMBERS BY CHAIR HAWTHORNE.

WELL, I, I GUESS I AM, I'M PROBABLY NOT GOING TO BE THE MOST EXCITING PERSON IN THE ROOM, BUT I GUESS I'LL BE THE MOST EXCITING PERSON IN THE ROOM.

SO I LIVE IN THE AREA AND I DON'T SEE THIS LOT BEING ANY DIFFERENT THAN MY LOT.

AND MY LOT HAS 14 OAK TREES ON IT.

IT HAS SLOPE IN THE BACK.

AND I DON'T HAVE A POOL.

I, I MEAN, I LIVE RIGHT BY BARTON SPRINGS POOL.

I, I THINK THAT SOME OF THIS IS A DESIGN CHOICE, UM, AND I THINK THAT, YOU KNOW, THE STYLE, UH, WITH THE ATTIC EXEMPTIONS AND SUCH, HAVING A FLAT ROOF MAKES IT WHERE IT DOES PROTRUDE INTO THE TENT AND WITH PERHAPS A DIFFERENT DESIGN CHOICE, IT ACTUALLY WOULD NOT.

SO I WOULD PROBABLY NOT BE JUMPING OUT HERE.

I WOULD, UM, OFFER A POSTPONEMENT IF SOMEONE WANTED TO TAKE A PENCIL TO IT AND KIND OF FIGURE THAT OUT.

UH, BUT I DO THINK THAT THEIR DESIGN CHOICE MADE HERE THAT COULD BE DONE DIFFERENTLY WHERE IT ACTUALLY WOULDN'T NEED A VARIANCE BOARD MEMBER SMITH.

YEAH, I, UH, I JUST HAD A QUESTION.

I'M ASSUMING THAT THE CONDOS,

[00:20:02]

UH, WERE BUILT AFTER THE HOUSE, UH, APPLICANT.

COULD YOU COME UP AND ADDRESS THAT, PLEASE? YES, THAT'S, THAT'S CORRECT.

THE HOUSE WAS BUILT IN, I THINK 1949 AND THE CONDOS WERE BUILT IN 82, I BELIEVE.

OKAY, THANK YOU.

YEAH.

UM, I HAD SOME SIMILAR CONCERNS WHEN I FIRST LOOKED AT THIS ABOUT, YOU KNOW, BEING DESIGN CHOICE AND EVERYTHING ELSE.

BUT I, YOU KNOW, UM, B IT SEEMS LIKE THERE IS A HARDSHIP CREATED BY THE, UH, UH, TO SOME EXTENT BY THOSE CONDOS.

UM, SO, UM, I DON'T KNOW IF THAT TECHNICALLY QUALIFIES AS THE HARDSHIP REMIND OUT OF THE LAND ITSELF, BUT IT SEEMS LIKE, UH, NOT CLOSE.

SO BOARD MEMBER AB BLOOM, UM, I AGREE WITH BOARD MEMBER HAWTHORNE.

IF THIS IS A BRAND NEW STRUCTURE, I'M NOT CONVINCED THAT THERE AREN'T DESIGN CHOICES THAT COULD BE MADE TO ELIMINATE, OR AT THE VERY LEAST REDUCE THE SIZE OF THE ASK.

IN ADDITION, UM, HAVE YOU GIVEN ANY THOUGHT TO STRATEGIC TREE TRIMMING? DO, DID I MISS THAT IN THE PRESENTATION OR THE PACKET? YES.

SO, UM, THERE COULD BE SOME STRATEGIC TRIMMING, UM, JUST TO LIKE A, A WINDOW SIZE PART IN, IN PLACES TO, TO OPEN UP SOME LIGHT.

UM, BUT WE'RE LIMITED, I THINK 25%, UM, REMOVAL OF CANOPY.

UM, AND WE WANT TO PROTECT THE TREES AS MUCH AS POSSIBLE IN TERMS OF A DESIGN CHOICE.

UM, SURE WE COULD POTENTIALLY, UM, GO LOWER, BUT THEN WE WOULD NOT BE ADDRESSING THE HARDSHIP OF THIS REALLY, UM, IMPACTED LIGHT AND VISIBILITY AND THE ADDED HIGHS GIVES US THE OPPORTUNITY TO, UM, CANDLE LEVER OVER THE REAR PART OF THE PROPERTY WHERE THE SLOPE IS, UM, WHICH IS OF CRITICAL CONCERN BECAUSE OF THAT SLOPE, UM, ISSUE WHERE WE DON'T WANT TO CHANGE THE NATURAL GRADE AND CAUSE DRAINAGE ISSUES AND, AND WE WANNA PROTECT THOSE CRITICAL ROOT ZONES, UM, THAT EXIST AT THAT PART OF THE PROPERTY.

OKAY.

I WOULD SUPPORT A POSTPONEMENT BY THE WAY, JUST FYI FOR ANYBODY, BOARD MEMBER SHANI.

UM, SO HAVING WENT THROUGH THE PRESENTATION, I THINK I UNDERSTAND WHAT Y'ALL ARE TRYING TO DO, LIKE MOVING THE MASS OF THE BUILDING TOWARD THE BACK TO ACCOUNT FOR THE, THE TREE COVER.

BUT I THINK I DON'T FULLY UNDERSTAND HOW THE DESIGN ADDRESSES THE DRAINAGE ISSUE.

CAN YOU SPEAK IN MORE DETAIL ABOUT THAT? YEAH, UM, ACTUALLY, COULD WE BRING THE, UH, ARCHITECT UP TO TALK ABOUT THE CANON LEVERING AND HOW THAT HELPS? YEAH, THANK YOU.

AND NO, AGAIN, OUR GOAL, I MEAN, WE WENT THROUGH MANY, MANY ITERATIONS ON THIS AND I THINK AS MICAH POINTED OUT, THERE WAS JUST A TON OF SIGHT CHALLENGES.

THE SLOP BEING ONE, THE CRITICAL ROOT ZONES BEING ANOTHER, AND REALLY VOLUMETRICALLY, YOU CAN SEE THAT THE NEW PROPOSED HOUSE IS IN A SIMILAR LOCATION, UM, KIND OF GROWS OUT OF THE EXISTING HOUSE BECAUSE THAT'S WHERE THE TREE CANOPY HAS BEEN ESSENTIALLY, YOU KNOW, UM, OPENED UP RIGHT FROM THE, FROM THE HISTORY.

SO WE'RE ESSENTIALLY GROWING OUT OF THAT EXISTING FOOTPRINT AND THEN CANTILEVERING BACK BECAUSE AGAIN, WHICH IS A CHALLENGE TO THE OWNER AS WELL STRUCTURALLY AND COST-WISE TO DO THAT CANTILEVERING.

BUT AGAIN, IF WE BRING FOUNDATIONS BACK INTO THAT SLOPE ZONE, WE'RE SEVERELY IMPACTING THE DRAINAGE.

AND I THINK IF YOU CAN, THE DIA SECTIONAL DIAGRAM THAT SHOWS WE POTENTIALLY COULD FILL THE WHOLE FOOTPRINT OF THE SITE AT GRADE WITH A HOUSE, BUT THEN YOU'RE SLOPING ALL OF YOUR DRAINAGE AWAY TOWARDS YOUR NEIGHBORS AND, AND THEN AGAIN TOWARDS THE BACK.

SO YOU'RE KIND OF CREATING, UM, A SIMILAR ISSUE TO THE NEIGHBORHOOD ON THE EAST.

AND SO OUR GOAL WAS TO SHIFT THE HOUSE TO THE WEST, UM, AND, AND KIND OF BUILD IT UP INTO THAT TREE CANOPY VOID ESSENTIALLY, UM, TO CREATE THE LEAST IMPACT WE FELT ON THE, ON THE SITE.

SO, UM, I THINK THERE'S SOME THINGS ISSUED THERE WE'RE DOING STRUCTURALLY THAT YOU'LL SEE IN THE, IN THE SECTION TO MAKE THAT HAPPEN, WHICH IS AGAIN, A COST TO THE OWNER.

SO, SO IF I'M UNDERSTANDING CORRECTLY, IT'S ABOUT NOT PUTTING FOUNDATION IN YEAH.

ON THE SLOPE.

IT'S ESSENTIALLY REALLY NOT PUTTING A FOUNDATION IN THE SLOPE.

OKAY.

IF I COULD FOLLOW UP ON THAT REALLY QUICKLY, PLEASE.

UH, WOULD THE APPLICANT BE OPEN TO SOME ADDITIONAL FLOOD MITIGATION RAINWATER CAPTURE? YES.

OKAY.

YEAH, I THINK SO.

BOARD MEMBER WILLIAM, UM, I JUST HAD A

[00:25:01]

QUESTION FOR PROBABLY THE MORE SENIOR BOARD MEMBERS, BUT ARE LIGHT AND VISIBILITY CONSIDERED HARDSHIPS? I DON'T THINK IT WOULD BE THE, THE, THE LIGHT PART ITSELF.

I THINK IT WOULD BE THE TREES.

TREES.

I CONSIDERED HARDSHIPS.

I DON'T THINK LIGHT AND VISIBILITY ARE A HARDSHIP.

NO, THANK YOU.

THAT'S MY OPINION.

YEAH, I THINK IF I COULD, YOU KNOW, OFFER, I MEAN, MELISSA, YOU MENTIONED THAT, UM, BOARD MEMBER HAWTHORNE, THAT YOUR SITE ALSO HAD SIGNIFICANT AMOUNT OF TREES.

I THINK THE SCALE OF THIS SITE ALSO AND THE AMOUNT OF TREES ON IT, I MEAN, AGAIN, IT'S A 5,000, UM, PLUS SQUARE FOOT LOT.

SO YOU KNOW, WHEN YOU START TO DO THE CAP, THE MATH AND YOU START TO PULL IN THE SETBACKS, YOU'RE REALLY, REALLY LIMITED TO A SMALL AREA TO BUILD IN.

AND THEN THAT SMALL AREA IS STILL, IS ALSO IMPACTED BY CANOPY.

I I ACTUALLY HAVE A SPLIT LEVEL HOUSE THAT, THAT GOES WITH THE LAND AND IT FITS IN THE TREES AND YEAH, I MEAN, BUT I DON'T SEE THIS ANY DIFFERENT THAN ANY OTHER LOT.

I JUST DON'T SEE, I, I PERSONALLY DON'T SEE A POOL AS SOMETHING THAT IS NECESSARY.

I, I MEAN, THERE ARE A LOT OF LOVELY THINGS ABOUT THIS DESIGN.

I'M JUST SAYING I THINK THAT, I DON'T THINK IT'S NECESSARY.

WELL, I THINK THE POOL, WE SHOULD PROBABLY TRY TO MAINTAIN A QUESTION AND ANSWER FORMAT.

SURE, SURE, SURE.

BOARD MEMBER SHERIFF DON, UM, I NOTICED THAT THERE WAS ONE, UM, SUPPORT FROM AN OWNER OF A UNIT IN THE CONDO, UM, BLOCK.

HAVE THERE BEEN ANY OTHER, HAS THERE BEEN ANY OTHER SUPPORT FROM THE CONDO? SO, UM, THEY WERE ALL, UM, WITHIN THE NOTICE AREA, UM, THAT'S, WE ONLY HEARD BACK FROM ONE AND IT WAS SPORT.

GOTCHA.

OKAY.

YEAH, I MEAN, I THINK, I THINK I DISAGREE WITH BOARD MEMBER HAWTHORNE.

I THINK THAT Y'ALL HAVE PUT A LOT OF EFFORT INTO WORKING WITH THE SITUATION YOU HAVE.

OKAY.

I'M LOOKING FOR QUESTIONS OR A MOTION.

I'M, I'M WILLING TO MAKE A MOTION TO POSTPONE IT, BUT I'M WILLING TO SECOND THAT.

BUT, UH, I MEAN, JUST IN COUNTING, JUST IN COUNTING, WE'RE NOT GOING THERE TONIGHT, SO INCLINED TO AGREE SO THAT WE'RE GIVEN AN OPPORTUNITY FOR SOMEONE TO RETOOL IT.

UM, I DO THINK THAT TREES ARE VALUED, HIGHLY VALUED IN MY WORLD.

I, I HAVE 14 OAK TREES ON MY LOT THAT'S NOT COUNTING, YOU KNOW, OTHER TREES.

SO I HIGHLY VALUE THE TIME SPENT TO PROTECT AND HONOR THE TREES.

I, I JUST, JUST ANOTHER WHITE FREEZER BOX.

CAN WE, CAN WE TRY TO APPROVE FIRST AND THEN MOTION TO, TO RESPOND? I'M SORRY.

CAN, CAN I MAKE A MOTION TO APPROVE? SO YES.

SO YOU WOULD BE MAKING A SUBSTITUTE MOTION TO APPROVE? YES.

OKAY.

SO WE HAVE A SUBSTITUTE MOTION TO APPROVE BY BOARD MEMBER SHANI, DO I HAVE A SECOND? SO, JUST, JUST TO CLARIFY, SO IF THAT MOTION FAILS THOUGH, THAT WOULD EFFECTIVELY KILL THE OPPORTUNITY.

OH, CORRECT.

SO, RIGHT.

SO IF WE, IF WE MOTION TO APPROVE AND IT FAILS, WE CAN'T POSTPONE, IS THAT WHAT YOU'RE SAYING? AH, THEN I, THEN I RESEND MY, IT'S DENIED, IT'S DENIED TO COME BACK CONSIDERATION THE SUPER MAJORITY BOARD, WHICH IS WHY WE KIND OF ALL GOTTA GOTCHA.

SAY OUR THOUGHTS AND GET THERE.

I I TRY TO JUST THROW MINE OUT THERE REALLY FAST SO THAT EVERYBODY KNOWS WHAT I'M THINKING.

UM, YEAH.

AND IT'S KIND OF HARDER WHEN WE'RE REMOTE.

YEAH.

IT IS MUCH HARDER WITH EVERYONE REMOTE, RIGHT? CUZ YOU REALLY DON'T GET TO SEE AN EXPERIENCE.

BUT IT, IT WORKS.

I, I MEAN WELCOME TO THE, THE POST PANDEMIC WORLD.

WELL, YEAH, IT'S KIND OF HARD CUZ LIKE, YOU DON'T REALLY HAVE A SENSE FOR HOW ANYONE WHO'S VIRTUAL IS.

IT'S A LITTLE HARDER.

BUT WE'LL DISCUSS ALL THIS DURING THE TRAINING PORTION OF THE AGENDA.

OKAY.

WELL, I'LL RESCIND MY MOTION FOR NOW, BUT I'M INCLINED TO APPROVE IT.

I APPRECIATE YOUR BRAVERY AND I'M NORMALLY A, A GO GIRL.

IT'S JUST, I, I DO LIVE OVER HERE AND I DO DRIVE.

I DID NOT DRIVE BY THIS SIDE.

I, I WOULD PULL A MICHAEL VON OLIN AND TELL YOU I WAS JUST OVER THERE THE OTHER DAY.

UH, BUT I'M NOT GONNA DO THAT.

BUT I DO LIVE OVER THERE AND I MEAN, IT'S RIGHT THERE BY BARON SPRINGS POOL.

I, I I JUST FIND THAT TO BE KIND OF FUNNY.

OKAY,

[00:30:01]

SO WE DO HAVE THE MOTION TO POSTPONE.

UH, LET'S SEE.

UH, SO, UM, THERE'S GOOD NEWS AND BAD NEWS.

I WON'T BE OUT FOR THE JUNE MEETING, SO I WILL MAKE A MOTION TO POSTPONE IT UNTIL JUNE AND THEN MAYBE YOU CAN GET AN ALTERNATE WHO HAS A DIFFERENT OPINION.

SO THAT WILL BE JUNE 12TH.

SO THIS IS A MOTION TO POSTPONE UNTIL JUNE 12TH.

CAN I, CAN I ASK A PROCEDURAL QUESTION? I'M SORRY.

UH, YES.

IF THE MOTION TO POSTPONE FAILS, WHAT HAPPENS? UH, THEN WE CONTINUE TO DEBATE UNTIL ANOTHER GOT IT.

UH, MOTION IS MADE THAT CAN BE AGREED ON.

UH, QUESTION.

I, I I'LL SECOND THE, THE POSTPONEMENT WAS THERE A SECOND? YEAH, YOU'RE RIGHT.

OKAY.

WELL, UM, A POSTPONEMENT IS NOT A SUPER MAJORITY THOUGH.

YEAH, THAT'S JUST SIX.

IT'S, IT'S JUST A SIMPLE MAJORITY.

THE, THE HARD PART IS THE SUPER MAJORITY WHERE WE ALL KIND OF, AND I THINK THAT'S KIND OF WHAT MAKES THINGS BETTER IN THE LONG RUN.

MM-HMM.

.

AND WE USUALLY ACTUALLY APPROVE MOST OF OUR REQUESTS AT SOME POINT, JUST WHAT THEY ARE.

DOES ANYONE HAVE ANY OTHER ADDITIONAL COMMENTS BEFORE WE VOTE ON THE POSTPONEMENT NOTES? SOMETHING YOU'D LIKE TO SEE BEFORE THEY COME BACK NEXT MONTH SO THAT YOU'RE NOT WONDERING WHAT THEY SHOULD DO? UH, IT FEELS THAT, UM, THE BOARD MIGHT LIKE TO SEE SOME OF THE EARLY ITERATIONS THAT WHAT IT LOOKS LIKE TO LIVE WITHIN THE TENT AND WHAT THOSE SACRIFICES TO THE AESTHETIC AND FEATURES AND THE LONG TERM LIVABILITY OF THE PROPERTY ARE.

AND THAT, I THINK THAT WOULD BE A GOOD JUXTAPOSITION TO, TO THE, THE CURRENT ASK.

I CAN CERTAINLY DO THAT.

THANK YOU.

UH, BACK TO THE ROOM.

SORRY, ONE SEC.

UH, ANYTHING FROM MY VIRTUAL BOARD MEMBERS? BOARD MEMBER? WADE? SORRY I COULDN'T GET MY CELL ON MUTE.

UM, I'M STILL SERVING AS A HOLDOVER, SO I'M NOT SURE IF I'LL EVEN BE HERE NEXT MONTH.

UM, BUT I THOUGHT THE PRESENTATION WAS GREAT.

I APPRECIATED ALL OF THE COMMUNITY SUPPORT.

UM, ONE OF THE THINGS THAT I DID HEAR FROM THE PROPERTY OWNERS WAS THINKING ABOUT THEIR PERSONAL INVESTMENT IN THE PROPERTY AND, YOU KNOW, REP RECAPTURING THAT LONG TERM.

AND AS A BOARD MEMBER, WHAT I'M MORE CONCERNED ABOUT IS, IS THE VARIANCE A BIG ASK? AND ARE WE TRYING TO FIT WITHIN THE CONFINES OF REASONABLE USE VERSUS HIGHEST AND BEST USE.

SO THE EXTENT I AM HERE NEXT MONTH, THAT'S WHAT I'LL BE LISTENING FOR.

OKAY.

SO AGAIN, THIS IS A MOTION TO POSTPONE TILL JUNE 12TH MADE BY VICE CHAIR HAWTHORNE.

SECONDED BY CHAIR COHEN.

LET'S GO AHEAD AND CALL THE VOTE.

TOMMY AIDS.

YES.

BRIAN POTEN.

YES.

JESSICA COHEN.

YES.

MELISSA HAWTHORNE.

YES.

JANELLE VANZANT.

YES.

AUGUSTINA RODRIGUEZ.

SHE'S OUT.

I'M SO SORRY.

YOU HAVE KELLY AND YOU HAVE MARC.

YEAH.

MARKER CHAIR.

I'M NOT SURE WHO IS WHICH.

? YES.

RICHARD SMITH.

YES.

NICOLE WADE.

YES.

KELLY BLUE.

YES.

AND MARCEL GARZA? YES.

OKAY.

THIS IS GONNA BE POSTPONED TILL JUNE 12TH.

THANK YOU GUYS.

APPRECIATE ALL THE TIME.

THANK YOU.

THANK YOU.

BOARD.

WELL THIS IS GONNA BE A QUICK ONE TONIGHT, IT LOOKS LIKE.

MOVING ON.

[4. Discussion of the April 10, 2023 BOA activity report]

DISCUSSION ITEMS. UH, ITEM FOUR, DISCUSSION OF THE APRIL 10TH, 2023 B L A ACTIVITY REPORT.

DISCUSSION IS, Y'ALL ARE AWESOME.

THIS IS THE MOST BEAUTIFUL REPORT EVER.

YOU GET ALL THE COOKIES.

.

ANY QUESTIONS OR OTHER DISCUSSION BEFORE WE MOVE ON? OKAY, ITEM

[5. Discussion regarding future training for board members]

FIVE.

DISCUSSION REGARDING FUTURE TRAINING FOR BOARD MEMBERS.

SO I THINK WE ARE WAITING FOR A NEW APPOINTMENT FOR BOARD MEMBER WADE.

UH, YOUR DISTRICT TWO, RIGHT? NO, YEAH.

YOUR DISTRICT TWO, RIGHT? FOR BETH? YEAH.

AND THEN I THINK EVERYBODY ELSE HAS BEEN REAPPOINTED EXCEPT FOR THE MAYOR'S STAFF, RIGHT.

AND D FOUR.

D FOUR.

THEY'RE WORKING ON IT.

SO THEY, SO THEY KEEP

[00:35:01]

TELLING ME, UM, AND, AND THEN OUR ALTERNATES.

IT WOULD BE REALLY NICE IF OUR ALTERNATES WERE REAFFIRMED.

I THINK SINCE WE'RE TALKING ABOUT TRAINING, IS THERE, ARE THERE ANY QUESTIONS FROM NEW BOARD MEMBERS ABOUT PROCEDURAL INFORMATION OR, OR ABOUT WHAT YOU'D LIKE TO SEE IN, IN TRAINING? OKAY.

IF NOT, I THINK WE SHOULD PROBABLY, OH, GO AHEAD.

BOARD MEMBER PATI.

IS THIS CONCERNING, UH, LIKE UPDATING EXISTING TRAINING THAT HAS ALREADY BEEN SIGNED? NO.

NO, THIS WOULD BE FOR NEW MEMBER TRAINING.

OKAY.

NEW MEMBER AND REFRESHER FULL OF MEMBERS IF THEY WANT TO PARTICIPATE.

GOTCHA.

IS IS THERE LIKE A LIST TO CHOOSE FROM OR LIKE, DOES THIS TRAINING NEED BE CREATED? SO YOU, YOU DID THE, THE CITY TRAINING TO BE ON A BOARD, RIGHT? BUT BOARD OF ADJUSTMENT IS A SPECIALTY BOARD THAT DEALS WITH THE LAND DEVELOPMENT CODE AND HOPEFULLY YOU'VE OPENED IT AND KNOW ABOUT IT.

YES, AND THAT WOULD BE, THAT WOULD MAKE ME INCREDIBLY HAPPY.

BUT THAT'S NOT ALWAYS THE CASE.

UM, AND WE, WE, WE DEFINITELY COULD USE A RESIDENTIAL ARCHITECT ON THIS BOARD.

I COULD TELL YOU MORE THAN WORDS, UH, BECAUSE YOU GET INTO THE SETBACK PLANE, THE HABIT, ALL THE, UH, EXCITING STUFF.

SO WE, UH, THE LAST, BECAUSE OF COVID, OUR LAST TRAINING MATERIALS ARE AVAILABLE ONLINE, UH, WHICH GO OVER HARDSHIP.

UH, SOME OF THE LAKE AUSTIN INFORMATION.

YEAH.

FROM WATERSHED.

UH, ELAINE, DID YOU SEND THAT OUT TO ALL THE NEW BOARD MEMBERS? I THINK'S ONLY ONE.

OKAY.

DID YOU WERE THE ONLY ONE THAT WASN'T HERE LAST TIME, SO YOU PROBABLY DIDN'T GET IT.

SO HE WAS, ELAINE IS WONDERFUL AND ELAINE, COULD YOU MAKE SURE, UH, A FEW WEEKS AGO.

OKAY.

FIRST MEETING YOU MAKE ME HAPPY.

UM, SO THERE'S THAT.

BUT JUST IN GENERAL, UM, WE COULD ASK FOR OTHER THINGS.

THAT DOESN'T MEAN THEY'LL GIVE IT TO US, BUT THEY'LL, THEY'LL CERTAINLY ENTERTAIN IT AND TRY, UM, WITH THE PANDEMIC AND THE ABILITY TO HAVE VIRTUAL IN SOME CASES HAS BECOME MUCH EASIER TO GET A GROUP OF PEOPLE TOGETHER.

BUT A LOT OF TIMES THE TRAINING IS KIND OF INTERESTING CUZ IT'S TEAM BUILDING AND UH, WE'VE, WE'VE UM, I THINK DONE MORE, DONE MORE TRAINING THAN MOST PEOPLE .

UH, SO, UH, THE TEAM BUILDING IS ACTUALLY THE BEST PART.

I I DON'T THINK WE SHOULD KEEP WAITING ON A D FOUR APPOINTMENT.

SO I THINK HOW ABOUT WE SCHEDULE THIS FOR NEXT MONTH IF BOARD MEMBERS HAVE THE AVAILABILITY? I, I MEAN OH YEAH, CUZ WELL YOU'LL BE OUT NEXT MONTH.

MICHAEL WILL BE BACK.

HOW ABOUT JULY? WOULD JULY WORK FOR YOU? JULY OR AUGUST? I I MEAN JUST GIVE AN OPPORTUNITY FOR EVERYBODY TO DO IT AND THEN HOPEFULLY WE CAN KEEP TAPING THEM.

CUZ I MEAN, THINGS CHANGE, BUT THEY DON'T NECESSARILY CHANGE THAT MUCH.

RIGHT.

I CAN TELL YOU THE LAKE AUSTIN CASES ARE THE HARDEST AS, AS WELL AS THE MCMANSION CASES.

OKAY.

SO THEN LET'S SAY IN FOR JULY, THAT SOUNDS GOOD TO ME.

RIGHT AFTER JULY 4TH, WE'RE ALL BEING JUST CELEBRATED AND HAPPY AND I TRY TO HAVE FUN.

.

ALL RIGHT, MOVING ON.

ITEM

[6. Discussion regarding Senate Bill 491]

SIX.

DISCUSSION REGARDING SENATE BILL 4 91.

SO THE LATEST UPDATE ON THAT ONE AND THERE WAS ACT, I DIDN'T THINK THERE WAS GOING TO BE ONE.

UH, THIS WAS RECOMMITTED TO, OH, UH, RECOMMITTED TO COMMITTEE ON, UH, THE SIXTH, WHICH WAS LAST FRIDAY.

UH, SO THIS MAY ACTUALLY BE GOING SOMEWHERE.

WE'LL KEEP AN EYE ON IT AND I'LL KEEP Y'ALL UPDATED.

THAT IS THE, UH, FYI, THAT'S THE BILL REGARDING THE HEIGHT RESTRICTIONS.

INSERT MUNICIPALITIES CALLED THE SKYSCRAPER BILL, BUY SOMETHING .

OKAY, GOOD TO KNOW.

UH, LET'S SEE, DID ANYONE HAVE ANY QUESTIONS OR IS THAT GOOD ENOUGH INFORMATION FOR NOW? SUPER ITEM SEVEN,

[7. Discussion regarding House Bill on minimum lot size]

UH, IS GOING TO BE WHAT THE AGENDA SAID.

DISCUSSION REGARDING HOUSE BILL AND MINIMUM LOT SIZE.

THOSE ARE GOING TO BE HOUSE BILL, UH, 39 21 AND SENATE BILL 1787.

AND THOSE ARE ACTUALLY MAKING GOOD HEADWAY.

UH, THE, UH, SENATE BILL HAS BEEN PLACED ON THE INTENT CALENDAR AND THE HOUSE BILL,

[00:40:01]

UH, COMMITTEE REPORT HAS BEEN SENT TO CALENDAR, SO I'M SURE WE'LL BE SEEING THOSE IN THE HOUSE FLOOR SOON.

MADAM CHAIR, CAN YOU CALL OUT THOSE HOUSE BILL NUMBERS AGAIN PLEASE? YES.

UH, FOR ITEM SEVEN, IT'S GOING TO BE SENATE BILL 1787 AND HOUSE BILL 39 21, BOTH, WHICH WILL DIRECTLY IMPACT BOARD OF ADJUSTMENT.

AND THEN FOR ITEM SIX, SENATE BILL 4 91, THAT'S ON THERE.

ANY QUESTIONS OR LET'S UPDATE ON THOSE.

OKAY, MOVING ON.

WHERE DID MY, WHAT'S OUT OF ORDER? OKAY, ITEM E DISCUSSION, IMPOSSIBLE ACTION.

REGARDING WORKING GROUP FOR BA RULES OF PROCEDURE.

I THINK WE SHOULD PROBABLY TAKE ITEM 11 OUT OF ORDER HERE SO WE CAN GET AN UPDATE FROM LEGAL ON VACANCIES AND OUR ALTERNATES.

DOES ANYONE HAVE ANY OBJECTION TO THAT? NO, MA'AM.

OKAY.

SO LET'S GO AHEAD AND MOVE TO ITEM 11

[11. Discussion and possible action regarding Board vacancies]

INSTEAD, WHICH IS DISCUSS DISCUSSION AND POSSIBLE ACTION REGARDING BOARD VACANCIES.

AND MS. LOPEZ, IF YOU COULD GIVE US AN UPDATE, UH, UH, OUR ANSWERS TO OUR QUESTIONS FROM THE LAST MEETING, PLEASE.

UH, GOOD EVENING EVERYONE.

ERICA LOPEZ, ASSISTANT CITY ATTORNEY.

UH, THERE WAS A COUPLE QUESTIONS ABOUT VACANCIES AND THE ROLES OF ALTERNATES.

SO I WANTED TO PROVIDE SOME CLARIFYING COMMENTS.

UH, FIRST OF ALL, A VACANCY MODIFIES THE THRESHOLD NUMBER OF VOTES REQUIRED TO REACH A SUPER MAJORITY.

WHEN A BOARD MEMBER IS UNABLE TO ATTEND A MEETING, AN ALTERNATE MAY SIT IN THE PLACE OF A REGULAR BOARD MEMBER.

WHEN I SAY A REGULAR BOARD MEMBER, I MEAN A BOARD MEMBER WHO IS ELIGIBLE TO SERVE UNDER, UM, BECAUSE THEY ARE COMPLYING WITH SUBSECTION G OF CITY CODE SECTION TWO DASH ONE DASH 21.

THIS IS THE ELIGIBILITY AND REMOVAL AND IT PROVIDES THAT A BOARD MEMBER MAINTAINS ELIGIBILITY WHEN THEY HAVE COMPLETED THE REQUIRED BOARD TRAINING, COMPLIED WITH PUBLIC FINANCIAL STATEMENTS, COMPLIED WITH ATTENDANCE REQUIREMENTS, UM, AND THE RESIDENCY REQUIREMENTS.

THERE WAS A QUESTION ABOUT HOW ALTERNATES CAN BE USED.

UM, THE ALTERNATES, AGAIN, CAN BE USED WHEN A BOARD MEMBER IS UNABLE TO ATTEND THE MEETING.

THEY CAN SIT IN THE PLACE OF A BOARD MEMBER.

UM, IF THE BOARD WANTS TO CHANGE THE CURRENT USAGE, WE RECOMMEND, UH, THE BOARD CAN MAKE A RECOMMENDATION TO COUNSEL TO CHANGE THE CITY CODE SO THAT AN ALTERNATE BOARD MEMBER CAN BE ALLOWED TO SIT IN THE PLACE OF A BOARD MEMBER WHO IS NO LONGER HOLDING OVER.

UH, THERE ALSO WAS A QUESTION ABOUT THE RULES OF PROCEDURE.

DID YOU WANT ME TO TALK ABOUT THAT CHAIR OR WAIT TILL THE NEXT ITEM? UM, WOULD YOU LIKE OR IMPACT HOW WE WOULD, SORRY? WOULD IT IMPACT HOW WE USE OR UTILIZE, UH, WELL THIS, THIS OUR ALTERNATES IN REGARDS TO, YEAH, THIS ONE WAS, THIS ITEM WAS RELATED TO THE VACANCIES AND THE QUESTION WAS RELATED TO THE RULES OF PROCEDURE, WHICH IS A DIFFERENT ITEM.

SO OUR DISTRICT FORCEY YES.

HAS GONE PAST THE THREE MEETINGS PLUS TWO AND PLUS TWO.

MM-HMM.

.

SO AT THIS POINT, SUPER MAJORITY IS EIGHT.

THAT IS CORRECT.

AND AT THIS POINT THEN WE SHOULD ONLY HAVE 10 MEMBERS SEATED UNLESS WE HAVE A CHANGE.

WE CHANGE OUR RULES AND PROCEDURES TO ALLOW OUR, WHICH IS WHAT WE WERE TRYING TO DO LAST MEETING, TO UTILIZE AN ALTERNATE FOR A VACANT SEAT IN ORDER TO HAVE THE SUPER MAJORITY STAY AT NINE.

BUT IF THE SUPER MAJORITY GOES TO EIGHT, THEN WE SHOULD ONLY HAVE 10 MEMBERS ON THE DICE.

AND I THINK IN ORDER TO CHANGE THAT, WE WOULD NEED A, A CODE AMENDMENT RIGHT.

COUNCIL WOULD NEED TO MAKE A CODE AMENDMENT SO THE BOARD COULD RECOMMEND PROVIDE A RECOMMENDATION TO COUNCIL TO CHANGE THAT.

SO THERE'S ONE TOOL WE COULD USE.

WE COULD USE A, A RESOLUTION TO COUNSEL, UH, REQUESTING THAT CHANGE BE MADE.

UH, I CAN ALSO TAKE IT TO PLANNING COMMISSION AND UH, ASK THAT THEY SEND IT TO CODES AND ORDINANCES.

SO PLANNING COMMISSION DOES TITLE 25.

THIS IS DOES THAT, OH, YOU'RE RIGHT, THAT'S TWO.

MM-HMM.

, THIS IS CHAPTER TWO.

SO THIS IS, WHICH GO STRAIGHT TO COUNCIL.

MM-HMM.

, WHAT, WHAT IS OUR PATH FOR THAT? SEND THE RESOLUTION DIRECTLY TO COUNCIL MM-HMM.

AND CONTACT THEM DIRECTLY.

MM-HMM.

ASKING PERSON.

OKAY.

THAT'S THE FIRST.

HAVEN'T DONE THAT

[00:45:01]

ONE BEFORE.

IT SHOULD BE INTERESTING.

WELL, IT, IT, SUPER, SUPER MAJORITY IS A HARD, I MEAN WE ALL HAVE PRETTY BUDGET THRESHOLD.

YEAH.

IT'S A VERY HIGH THRESHOLD.

SO WE REALLY HAVE TO AGREE.

AND THAT'S PART OF, YOU KNOW, HERE WE ARE FROM ALL DIFFERENT DISTRICTS, ALL DIFFERENT OCCUPATIONS, ALL DIFFERENT PERSPECTIVES.

AND THAT'S PART OF THE SUPER MAJORITY PROCESS AND, AND THE VIEW OF HARDSHIP AS BY STATE LAW AND CITY CODE.

UH, AND IT IS INTERESTING CUZ IF YOU GO BACK AND LOOK AT THE STAFF REPORT ON HOW MANY THINGS WE APPROVE, BELIEVE IT OR NOT, WE ACTUALLY APPROVE ALMOST EVERYTHING.

I MEAN REALLY, IT'S JUST SOMETIMES NEEDS A LITTLE TWEAK HERE AND THERE.

OR THEY SEE THAT THEY MAY NOT HAVE NEEDED THAT VARIANCE.

UM, AND I DO WANNA CLARIFY THAT THEY ARE STILL ACHIEVING A SUPER MAJORITY UNDER THE EIGHT VOTES.

IT'S EIGHT OUT OF 10.

RIGHT.

IT'S JUST WHETHER OR NOT WE HAVE 11 PEOPLE SEATED, UH MM-HMM.

BY HAVING THE, THE THE TWO AND THEN THE THREE IS NOT YOUR NORMAL MATH OR CIRCUMSTANCE.

AND WE DON'T USUALLY HAVE AN A, A POSITION NOT FILLED FOR THE LENGTH OF TIME WE HAVE.

USUALLY IF, IF SOMEONE LEAVES BECAUSE I'M CIRCUMSTANCE, JOB, WHATEVER IT IS, USUALLY THAT SEAT IS FILLED WITHIN 90 DAYS, TYPICALLY.

SO THIS IS AN UNUSUAL CIRCUMSTANCE AND I'VE BEEN ON THE BOARD WAY TOO LONG, , WHICH I'VE SEEN ALMOST ALL CIRCUMSTANCES AND I HAVE NOT SEEN THIS ONE YET.

WHY? WHY IS IT TAKING SO LONG TO FILL A SEAT? I MEAN, I GUESS YOU CAN'T OPINE ON THAT, BUT THAT WOULD GO UNDER.

BUT FOR THE WISDOM OF COUNCIL IS NOT OURS TO QUESTION.

BUT YOU THE ONE WHO WOULD WANT TO EVEN TRY, TRY TO EXPLAIN, INTERPRET OUR COUNCIL MEMBERS' THOUGHTS AND DIRECTIONS.

I LET THEM GIVE THAT DIRECTION TO ME AND I FOLLOW IT AS I SHOULD AS THEIR APPOINTMENT.

UH, IT JUST, IT SEEMS SORT OF CRAZY TO ME TO CHANGE THE CITY CODE TO MAKE ALTERNATES FILL IN FOR MISSING BOARD MEMBERS.

WELL, I MEAN, YOU'RE TALKING, SO, OKAY, SO SAY IT WAS, SO I, I HAVE A PLANNED VACATION ON MY BUCKET LIST.

BEEN WANTING TO GO FOR 15 YEARS.

SO WHAT IF THAT WERE LINE AND YOU, YOU COULDN'T FILL IT AND THEN THAT BROUGHT YOUR NUMBER DOWN? WELL, YEAH, NO, I UNDERSTAND THAT PART.

BUT THAT'S A FILLING IN A TEMPORARY ABSENCE.

YEP.

WHICH I WOULD SAY THAT, UH, BOARD OF ADJUSTMENT IS ACTUALLY ONE OF THE HARDEST, UH, BOARDS TO FIND APPOINTMENTS FOR.

WE'RE VERY NICHE BOARD, RIGHT.

UH, THERE'S NOT A LOT OF ROOM FOR ACTIVISM HERE.

IT'S, IT'S VERY BLACK, WHITE UNDER HARDSHIP WITH GRAY IN THE MIDDLE.

IT'S US AS THE JUDGES AND THERE IS A TIME COMMITMENT TO IT.

AND YOU HAVE TO BE VERY KNOWLEDGEABLE OR AT LEAST SMART ENOUGH TO BE ABLE TO INTERPRET CHAPTER 25, WHICH IS JUST HORRIBLE.

UH, IT'S LONG, COMPLICATED CONFLICTING RULES.

MM-HMM.

, YOU KNOW, THAT REQUIRE STAFF INTERPRETATIONS AND UH, A LOT OF THE TIMES IT'S HARD TO GET PEOPLE TO DO IT.

MM-HMM.

.

SO, UH, THIS, THIS ISN'T THE FIRST TIME WE'VE, BUT I FEEL LIKE IF YOU, IF YOU MADE IT SO THAT AN ALTERNATE COULD FILL THAT SLOT, THERE'D BE EVEN LESS INCENTIVE TO APPOINT SOMEONE CUZ IT WOULD JUST RIDE.

IT'S GONNA JUST RIDE ANYWAY.

.

YEAH.

I GUESS AT LEAST IN, IN MY EXPERIENCE, NOT JUST HIS CHAIR, BUT LIKE EVEN BEFORE, YEAH.

UH, I THINK WHAT IT TOOK ONE OF OUR OTHER COUNCIL MEMBERS TILL AUGUST, UH, TO APPOINT A BOARD MEMBER.

IT, IT JUST, IT HAPPENS.

YEAH.

I MEAN THEY HAVE LIKE 250 APPOINTMENTS TO MAKE.

YEAH.

I MEAN IT'S SOME INCREDIBLE AMOUNT.

I GET THAT.

AN AND IT'S NOT AN EASY UH, I MEAN WE'RE UH, SEMI JUDICIOUS BODY.

IT'S NOT YEAH.

AND WE'RE WORN.

BUT TO ME, LIKE THE FACT THAT THERE ARE ALTERNATES IS ALREADY A CONCESSION, RIGHT? LIKE THERE'S EITHER SOMEONE APPOINTED OR THERE'S NOT.

LIKE WE HAVE ALTERNATES WHEN THERE'S A TEMPORARY ABSENCE, BUT IF NOW WE'RE GONNA HAVE ALTERNATES EVEN WHEN SOMEONE HASN'T BEEN APPOINTED YET, LIKE, I DON'T KNOW, IT SHOULD MEAN SOMETHING TO APPOINT SOMEONE.

AND IF IT DOESN'T BECAUSE YOU CAN JUST FILM WITH AN ALTERNATE, THEN I FEEL LIKE YOU JUST GO ON FOR A REALLY LONG TIME WITHOUT EVER APPOINTING ANYONE.

WELL, WE'VE GONE ON FOR A VERY LONG TIME WITHOUT SOMEBODY APPOINTING SOMEONE.

RIGHT.

AND THEN IT'S EIGHT INSTEAD OF NINE.

AND THAT, THAT'S YOUR MAIN CONCERN, RIGHT? IS THAT IT'S FALLING BELOW THAT NINE THRESHOLD.

WELL, THE CONCERN IS, IS THAT THERE'S THE THREE ABSENCE RULE AND THEN THE TWO FROM STATE LAW.

YEAH.

AND THEN, YOU KNOW, SO YOU'RE GOING ALONG THINKING YOU'RE FILLING A SEAT WITH THE ALTERNATE AND THEN COMES TO THE QUESTION, DO WE HAVE TOO MANY PEOPLE ON THE DIAS? YEAH.

LIKE, I MEAN, SO DOES THAT MEAN WE NEED TO

[00:50:01]

CHECK THE STATUS WITH THE CLERK'S OFFICE EVERY MONTH ON OR WITH LEGAL ON EVERY MONTH ON WHAT OUR MEMBERSHIP COUNT IS? BECAUSE IT, IT IS CONFUSING CUZ RIGHT NOW, LIKE POOR NICOLE'S IN A HOLDOVER AND SO SHE'S JUST SERVING BECAUSE SHE'S A NICE PERSON AND THAT'S THE RIGHT THING TO DO.

BUT YOU KNOW, SHE MAY HAVE HER BUCKET LIST TRIP PLANNED.

UH, AND YOU KNOW, OUTTA HERE, UH, IT HAPPENS, UH, IT IS HARDER WITH 11 PEOPLE TO MANAGE.

THERE'S ALWAYS, EVERY MONTH WE ALWAYS USE AN ALTERNATE EVERY SINGLE MONTH FOR SOME REASON.

I MEAN, ESPECIALLY WITH COVID, UM, THERE'S NOT A MONTH THAT GOES BY THAT IT'S THE STRAIGHT UP 11 OR 10 RIGHT.

OR, YOU KNOW, WHATEVER IT IS NOW.

UM, SO IT'S BEEN THIS ROVING.

SO I THINK OUR CONCERN WAS MORE AS WE HAVE BEEN USING AN ALTERNATE AND WHERE WE USING AN ALTERNATE INCORRECTLY AND, AND WHAT, UNFORTUNATELY THE ONLY RESPONSE STATUS IS LIKE, YOU CAN'T APPEAL TO COUNSEL YOU, IT GOES STRAIGHT TO DISTRICT COURT IF WE MAKE A MISTAKE RIGHT.

BUT WE'RE TRYING TO CLARIFY THIS.

YEAH, THAT MAKES SENSE.

THAT MAKES SENSE THAT WE'RE TRYING TO CLARIFY IT.

I THINK I JUST, I HESITATED A LITTLE TO CHANGE IT AS OPPOSED TO JUST TRYING TO UNDERSTAND IT.

I PERSONALLY WOULD LIKE TO SEE IT SIMPLER.

YEAH.

JUST TO MAKE LESS WORK FOR FREE.

THAT'S THAT'S SO TRUE FOR LIKE ALL THE, THE FEDERAL SYSTEM THAT WE LIVE IN, RIGHT? IT'S LIKE LAWS UPON LAWS UPON LAWS AND THEY INTERACT IN ODD WAYS.

AND I THINK THAT'S TRUE.

AND JUST IN ORDER TO MAKE IT SIMPLE, SIMPLE LESS WORK FOR EVERYBODY, IT'S LESS WORK FOR THE CLERK'S OFFICE.

IT'S LESS WORK FOR OUR STAFF.

IT'S LESS WORK FOR ME OR WHOEVER'S CHAIR AT THE TIME.

IF WE KNOW IT'S GOING TO BE CONSISTENT AND THE APPLICANTS, UH, OR OPPOSITION KNOW THAT IT'S GOING TO BE CONSISTENT.

THERE ARE ALWAYS GOING TO BE 11 PEOPLE THAT ARE SHORT OF SOMEONE, JUST NOT ENOUGH PEOPLE TO FILL.

YEAH.

LIKE, UH, WE HAVE HAD 10 A FEW TIMES SIMPLY BECAUSE OF ABSENCES, THREE ALTERNATES HERE AND STILL NOT ENOUGH PEOPLE.

MM-HMM.

.

BUT I WOULD RATHER RISK THAT THAN DOING, YOU KNOW, NINE OR 10 EVERY SINGLE TIME.

UH, ONCE YOU START LOWERING THE THRESHOLD FOR THE VOTES, YOU KNOW, YOU'RE, YOU'RE KNOW, YOUR YOUR, YOUR NUMBER OF, OF PEOPLE WHO CAN SAY NO GETS SMALLER MM-HMM.

, UH, AS THAT SUPER MAJORITY NUMBER DWINDLES MM-HMM.

.

SO WITH EIGHT AND 10 IT'S STILL, YOU KNOW, YOU COULD, IT'S A LITTLE HARDER BUT NOT AS BAD.

BUT THEN IF YOU START, LIKE WE, LET'S SAY WE DON'T GET TWO APPOINTMENTS MM-HMM.

, YOU KNOW, AND NOW WE'RE DOWN TO SEVEN AND THEN WHAT'S SUPPOSED TO DO ? WELL, I WAS GONNA JUST COMMENT.

ELAINE MAY HAVE, UH, THE NUMBERS IN HER HEAD, BUT I THINK I'VE BEEN ON FOR A YEAR AND, AND KELLY PROBABLY LONGER THAN I, AND THERE HASN'T BEEN A MONTHLY MEETING WHERE ELAINE HASN'T ASKED FOR FOR US.

YES.

AND J JUST RELATED NOTE, ELAINE HAPPENS TO LIKE Y'ALL VERY, VERY MUCH FOR SAYING YES ALL THE TIME.

SO THANK YOU ALTERNATES, ALL OF YOU.

YOU WENT TO THE, TO THE GOOD LIST.

UH, YOU KNOW, MS. MARCEL DOESN'T HAVE HAVE IT EASY LIKE WORKS RIGHT THERE .

OH.

YOU KNOW, SO HE'S LIKE, BUT KELLY'S LIKE OUR LONG-TERM CHAMP FOR THE ALWAYS AVAILABLE.

BUT AGAIN, THIS IS JUST MY PERSONAL PER PREFERENCE.

I WOULD PREFER TO, FOR IT TO BE CLARIFIED EXACTLY HOW WE CAN USE THEM.

WE DON'T HAVE TO ASK EVERY TIME.

YEAH.

UH, THIS, THIS ONE HAS KIND OF RABBIT HOLDED.

IT'S SWAYING INTO A, UM, CONFUSING PUZZLE THAT WE'VE HAD TO LIKE UNTANGLE.

YEAH.

SO THE CHALLENGE IS TRYING TO FIND A WAY TO SIMPLIFY IT WITHOUT ACTUALLY CHANGING STATE LAW.

RIGHT, RIGHT.

IS THE PROBLEM.

AND I THINK WE CAN DO THAT THROUGH MAYBE A CODE CHANGER.

I DON'T KNOW, A BYLAW CHANGE STATE LAW WE'RE TRYING TO CHANGE.

I THINK IT'S, IT'S GONNA BE THE WELL PART YOU'RE TRYING TO CHANGE, BUT I THINK THAT'S WHERE I GET A LITTLE CONCERNED.

LIKE THE, THE, THE CHANGE THAT WE HAVE HAD OUR FINGERTIPS TO CHANGE CITY LAW.

I DON'T, I DON'T LIKE THE IDEA OF ALTERNATES BEING ABLE TO SERVE IN THE, IN, DURING A, THE VACANCY.

I THINK IT MAKES SENSE TO HAVE ALTERNATES FOR A TEMPORARY ABSENCE.

I THINK IT DOES NOT MAKE SENSE TO HAVE ALTERNATES WHEN THERE'S NO ONE APPOINTED TO THAT POSITION.

I WOULD PREFER, WITH ALL DUE RESPECT, PLEASE DON'T TELL YOUR COUNCIL MEMBER THAT WHEN YOU'RE WATCHING THIS .

I WOULD PREFER THAT OUR COUNCIL MEMBERS MAKE THEIR APPOINTMENTS RIGHT BY MARCH 1ST.

I THINK WE'D ALL, WE'D ALL PREFER THAT.

YEAH.

UNFORTUNATELY THAT'S, YOU KNOW, BUT YOU KNOW, IF I CAN'T, IF I CAN'T HAVE THAT KELLY'S BACKGROUND IN IS IN TRANSPORTATION, MARCEL'S IN REAL ESTATE, THEY'RE GOOD.

THEY'VE BEEN, THEY'VE TAKEN THE TRADE AND YOU CAN'T REMEMBER IT WOULD BE THE FINANCIAL FORMS MONTHS, FIVE MONTHS BEFORE THE ALTERNATES WOULD, YOU KNOW, EVEN HAVE AN ISSUE WHEN THERE'S A VACANCY.

RIGHT.

SO IT'S AFTER THAT FIVE MONTHS.

YEAH.

THAT'S, THAT'S REALLY THE DIFFICULT PART IS NOT, THAT'S, THAT'S WHAT FRUSTRATES ME IS THAT WHAT'S CAUSING

[00:55:01]

THE ISSUE IS SOMETHING THAT'S OUT OF OUR CONTROL.

AND IN ORDER TO FIX IT, COME TO MY WORLD.

WE HAVE TO, WE HAVE TO WE HAVE TO FIX SOMETHING IN A WAY THAT, YOU KNOW, SOMETIMES I JUST DON'T LIKE, SOMETIMES DON'T LIKE THAT.

AND PERHAPS US TRYING TO FIX IT WILL CAUSE THE FIX TO HAPPEN.

OR AT LEAST DRAWING UP ATTENTION TO IT THAT RIGHT.

WE WON'T HAVE TO WORRY ABOUT ANYMORE THAT ALL OF A SUDDEN THAT PERHAPS MIGHT, THAT MIGHT, IT'S LIKE ON THEIR RADAR AS AN ISSUE.

RIGHT.

YEAH.

SOMETIMES IT'S LIKE BEING MARRIED ON OCCASION.

SOMETIMES IT'S BETTER FOR IT TO BE THEIR IDEA.

I'M GOING TO HAVE TO REMEMBER THAT , UH, VIRTUAL MEMBERS.

DO I SEE A HAND? I THOUGHT, I HOPE MY HUSBAND DID NOT HEAR ME SAY THAT.

, IT'S RECORDED FOREVER.

YOU'RE IN TROUBLE.

.

WELL, HE'S NOT GONNA GO BACK AND LISTEN TO IT, BUT IF HE DID LISTEN TO IT, I WILL BE IN SUCH TROUBLE.

OKAY.

SO NOW THAT WE HAVE SOME CLARIFICATION ON THAT, LET'S GO BACK

[8. Discussion and possible action regarding working group for BOA Rules of Procedure and Bylaws]

TO ITEM EIGHT.

UH, DISCUSSION IMPOSSIBLE.

ACTION.

THANK YOU MS. LOPEZ.

REGARDING THE WORKING GROUP, WE'RE NOT ON YES.

FOR BOA RULES OF PROCEDURE AND BYLAWS.

SO FOR THE RULES OF PROCEDURE AND BYLAWS, RULES OF PROCEDURE, WE MADE A CHANGE.

LAST MEETING.

UM, WE HAD ASKED FOR LEGAL TO RESEARCH AND DETERMINE WHETHER OR NOT THAT WAS GOING TO BE A VIABLE OPTION OR CHANGE THAT WE MADE.

IS IT, UM, ERICA LOPEZ IS AGAIN, ASSISTANT CITY ATTORNEY.

SO THE AMENDED RULE ADOPTED AT THE APRIL MEETING WOULD ALLOW AN ALTERNATE TO SIT IN PLACE OF A BOARD MEMBER WHO IS NO LONGER ELIGIBLE TO SERVE AND IS NO LONGER HOLDING OVER.

THE AMENDED RULE DOES NOT COMPLY WITH CITY CODE BECAUSE CITY CODE AS IT EXISTS CURRENTLY DOES NOT ALLOW AN ALTERNATE TO SIT IN THE PLACE OF A BOARD MEMBER WHO IS NO LONGER ELIGIBLE TO SERVE AND IS NO LONGER HOLDING OVER.

ARTICLE ONE SECTION B2, WHICH IS ON PAGE TWO OF THE RULES AND PROCEDURES, SAYS THAT THE RULES AND PROCEDURES CANNOT, CANNOT CONFLICT WITH CITY CODE.

CITY CODE SUPERSEDES THE RULES AND PROCEDURES.

THANK YOU VERY MUCH.

MM-HMM.

.

OKAY.

SO DO WE NEED TO DO ANYTHING WITH THAT AMENDMENT? I THINK WE'RE, WE'RE PROBABLY GONNA HAVE TO MAKE AN AMENDMENT OR TO TAKE A VOTE TO REMOVE THAT AMENDMENT BECAUSE IT'S SUPERFLUOUS AT THIS POINT.

YEAH.

YOU KNOW, I I HONESTLY WOULD POSTPONE THIS ITEM AND UNTIL MICHAEL'S BACK CUZ IT WAS MICHAEL'S.

AGREED.

AGREED.

AND, AND I DON'T KNOW IF THIS ISN'T BETTER AS A WORKING GROUP FOR PROCEDURES AND BYLAWS IN THIS DISCUSSION BECAUSE INCLINED TO AGREE.

YOU HAVE TO ADMIT THE THREE, THE TWO, THE, YOU KNOW, JUST IT'S WEIRD.

100% AGREE.

WELL, CAN WE JUST TAKE BACK THE AMENDMENT AND THEN THE WORKING GROUP CAN START FROM SCRATCH CUZ WE KNOW THIS AMENDMENT.

YES.

BUT I WOULD, I WOULD PREFER TO DO THAT WITH THE MOTION MAKER HERE.

OH, WHO? CUZ HE MOTION TO THE ACTUALLY AMEND AND, AND HE HAD UPLOADED HIS, HE OFFERED 900 PILES OF PAPER AND HAD HIGHLIGHTS AND FELT STRONGLY YES.

BUT CLEARLY DIDN'T READ THE CITY CODE.

IT'S OUT OF RESPECT.

I KNOW.

WE, WE WERE HOPING IT WOULD WORK.

YEAH.

I'LL LET Y'ALL SIT NEXT TO EACH OTHER AND DISCUSS THAT.

OKAY.

, I'M SURE IT WILL BE A REALLY VIBRANT DISCUSSION.

.

OKAY.

PARTY WILL CONTINUE.

LET'S JUST TABLE THAT TO THE NEXT MEETING.

THANK YOU.

UH, ITEM NINE ARE, WERE THERE ANY QUESTIONS? SORRY, VIRTUAL MEMBERS BEFORE WE MOVE ON? NO.

OKAY.

ITEM NINE,

[9. Discussion and possible action regarding an update on the resolution sent to council for the BOA Applicant Assistance Program (BAAP).]

DISCUSSION AND POSSIBLE ACTION REGARDING AN UPDATE ON THE RESOLUTION SENT TO COUNSEL FOR THE B O A APPLICANT ASSISTANCE PROGRAM.

I KNOW THAT I HAVE SAID THIS FOR LIKE 17 MEETINGS NOW IT'S ANY DAY NOW.

WE RECEIVED A UPDATE FROM, UH, CITY STAFF.

UM, AND WHERE DID IT GO? SORRY, ONE SEC.

UM, SORRY.

UH, ORIGINALLY IT WAS SUPPOSED TO BE HEARD, UH, BY COUNSEL ON MAY 4TH AND WHERE THEY WOULD'VE ADOPTED THE ORDINANCE CITY'S LEGAL REQUESTED AN EXTENSION A LITTLE MORE TIME TILL JUNE WHERE WE, WELL CITY STAFF'S BEEN PROMISED BY LEGAL THAT THEY'LL HAVE THE FINAL LANGUAGE TO PRESENT TO COUNCIL BY THEN.

SO WE'LL FOLLOW BACK UP ON THIS IN JUNE.

UM, IF I SEE IT ON THE COUNCIL AGENDA, I WILL LET ALL BOARD MEMBERS KNOW.

THANK YOU.

SO I STILL THINK IT'S A GREAT JOB, ALL THE WORK YOU PUT INTO IT AND I'M BE EXCITED WHEN IT ACTUALLY HAPPENS.

I, I, I TALKED TO YASMIN AND SHE'LL BE HERE FOR IT, SO THAT'S NICE.

SORRY, FORMER

[01:00:01]

BOARD MEMBER SMITH WHO ALSO HELPED AUTHOR THE RESOLUTION TO, UH, COUNSEL ON THAT.

OKAY.

UH, DISCUSSION ITEM

[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 IMPOSSIBLE ACTION BY THE BOARD BASED ON THE WORKING GROUP UPDATE ON PROPOSED CHANGES TO B O A APPEALS.

OKAY.

WE HAVE LOST BOARD MEMBER MACARTHUR AND BOARD MEMBER PRUITT PRUITT.

SO WE HAVE BOARD MEMBER BLOOM, UH, HERE IN A HOLDOVER FUNCTION FOR NOW.

UH, I GUESS, UH, WOULD ANYONE BE INTERESTED IN JOINING BOARD MEMBER BLOOM IF OTHERWISE, WE'RE GONNA GO WITH THE NOTES WE HAVE ON IT FROM LAST TIME AND YEAH, I, I RECOMMENDED LAST MONTH THAT YOU DID JUST BASICALLY DIS RESOLVE IT THIS ONE AND START A NEW ONE.

YES.

DISSOLVE.

OKAY.

YES, BECAUSE I HAVE NO IDEA WHAT MY STATUS IS GOING TO BE, UM, A MONTH FROM NOW.

OKAY.

RIGHT.

I, YEAH, NO, I WAS SURPRISED YOU'RE STILL HERE.

WELL, I'M, I'M GLAD YOU'RE STILL HERE.

YEAH, AND I'M GLAD THAT TECHNICALLY, UH, SO, SO HOW LONG, SORRY, MS. LOPEZ, HOW LONG CAN, CAN THE ALTERNATES HOLD OVER NOW? SO IS IT BECAUSE IT'S NOT A VA IS IT A VACANCY? IS IT NOT A VACANCY AT ERIC LOPEZ? ASSISTANT CITY ATTORNEY? SO THE ATTENDANCE REQUIREMENTS THAT APPLY TO THE REGULAR BOARD MEMBERS WOULDN'T NECESSARILY APPLY TO A ALTERNATE BECAUSE AN ALTERNATE, YOU KNOW, AS COMPARED TO A REGULAR BOARD MEMBER WHO HAS ATTENDANCE REQUIREMENTS TO MEET.

AND AN ALTERNATE MAY OR MAY NOT BE ASKED.

UM, SO WE WOULD JUST CONSIDER THEM THE SAME AS A CONSTITUTIONAL HOLDOVER.

SO THEY SERVE UNTIL A SUCCESSOR IS APPOINTED.

SO THE ATTENDANCE REQUIREMENT, ALTHOUGH IT'S NOT REALLY CLEAR BECAUSE AN ALTERNATE FUNCTIONS A LITTLE BIT DIFFERENTLY, THE ATTENDANCE REQUIREMENT WOULDN'T APPLY TO THEM.

THAT'S THE THREE MEETINGS AND THEN YOU GET THE 60 DAYS.

SO THEY JUST CONTINUE TO HOLD OVER.

SO, OKAY.

SO IT'S THE ATTENDANCE REQUIREMENT THAT MAKES OUR SPOTS THE YES.

THERE, THERE IS AN ATTENDANCE REQUIREMENT IN, UM, CITY CODE THAT SAYS THAT, UH, BOARD MEMBERS HAVE TO ATTEND THREE MEETINGS.

SO, UM, THE BOARD MEMBERS AS UM, UH, BOARD OF ADJUSTMENT BOARD MEMBERS, UM, FUNCTION IN A CONSTITUTIONAL HOLDOVER.

AND SO THAT CONTINUES TO GO ON UNTIL THEY HIT THE THREE, UNTIL THEY'RE NO LONGER ELIGIBLE TO