* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:05] EVERYONE, IT IS [CALL TO ORDER] 5:43 PM I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER. WE HAVE A QUORUM. LET'S CALL THE ROLL. I'LL GIVE ONE SECOND FOR BOARD MEMBER EIGHT SIM BOARD MEMBER SMITH TO JUMP ON. OKAY, WELL WILL JUST START WITH ME THEN. JESSICA COHEN. I'M YOUR CHAIR AND I'M HERE. MARGARET, CHAIR TANI HERE. I GOT IT. RIGHT, RIGHT. YES. ARA RICHARD SMITH IS NOT ON THE TOMMY EIGHT. I'M HERE. SUPER. RICHARD SMITH. YOU ANSWER RICHARD SMITH? YES. HERE. OKAY. SUPER. JANELLE VANZANT HERE. MICHAEL VON OLIN. HERE. KELLY BLOOM. IS KELLY HERE. OH. OH. HI. I'M HERE, BUT I'M HAVING SOME AUDIO ISSUES. THAT'S OKAY. I HEAR YOU NOW. UH, AND MARCEL GARZA HERE. OKAY, SO IT LOOKS LIKE WE HAVE NINE TONIGHT. UH UH DID YOU CALL ME? I ? NO, NO ON PURPOSE BECAUSE I'VE GOT TO WRITE YOUR NAME DOWN. GHOST BOARD MEMBER. WHAT IS YOUR LAST NAME AGAIN? POTE. POTI. YES. WHY DIDN'T I HAVE THAT WRITTEN DOWN FOR THIS TIME? BECAUSE I NEED TO UPDATE MY THING. SO JUST WRITE AND I'M HAVE TO CHANGE. WELL, WE ONLY HAVE ONE CASE TO VOTE ON. AND IS ANYBODY NEW? NO, THAT'S EVERYBODY, RIGHT? THAT'S NINE. 1 2, 4, 6 7 8 9. THAT'S NINE. OH YEAH. OKAY. GOOD TO GO. ALL RIGHT. A COUPLE OF HOUSEKEEPING RULES BEFORE WE START, EVEN THOUGH I'M PRETTY SURE YOU GUYS KNOW THEM ALREADY. UM, TURN OFF CELL PHONES, PUT 'EM ON VIBRATE. UH, CASE IS OVER. CONTACT ELAINE, UH, WHEN YOU'RE ADDRESSING THE BOARD, SPEAK TO THE BOARD. AND I'M SURE YOU'RE FAMILIAR WITH THE NEW PARKING TICKET SYSTEM, BUT IF YOU HAVE ANY QUESTIONS, FEEL FREE TO ASK ANYONE WHO'S GOING TO BE GIVING TESTIMONY TONIGHT. PLEASE STAND. DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? SUPER. THANKS SO MUCH GUYS. OKAY, LET'S START WITH ITEM ONE, THE APPROVAL [APPROVAL OF MINUTES] OF THE MINUTES. DO YOU HAVE A MOTION? WE'LL MOVE TO APPROVE. WE HAVE A MOTION TO APPROVE. MADE MY BOARD MEMBER GO. I'M SORRY. AND WHO WAS THAT SECOND? THAT'S ME, RICHARD, AND A SECOND BY BOARD MEMBER SMITH. ANY COMMENTS? DEBATE? OKAY, LET'S CALL THE VOTE. TOMMY IT? YES. AND JESSICA COHEN? YES. JANELLE VANZANT. YES. MARGARET SHANI. YES. MICHAEL VAN OLAN. I'M GONNA ABSTAIN. I WASN'T HERE LAST. ABSTAINING. OKAY. UH, KELLY BLOOM. YES. MARCEL GARZA. YES. AND I'M NOT FORGETTING, PUT POTTI. I KNOW THE LAST TIME I FORGOT THE FIRST NAME NOW. BRIAN. I'M SORRY. BRIAN. BRIAN POTTI AND BRIAN PORTEE. YES. YES. THANK YOU. SORRY. SO THAT'S UNANIMOUS. I'M SORRY. IT'S ALL GOOD. IT TAKES ME LIKE SEVEN TRIES. EXCUSE ME ONE SECOND. ROLLING. OH, OKAY. UH, SO NO PUBLIC COMMUNICATION TONIGHT. UH, THEY RAN THE WRONG MEETING APPARENTLY. SO THE BOARD OF ADJUSTMENT ISN'T GONNA GET ITS FIRST PUBLIC COMMUNICATION IN A DECADE. LET'S MOVE ON. I WAS SUPER EXCITED. UH, ITEM TWO, DISCUSSION [2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda.] OF STAFF AND APPLICANT REQUEST FOR POSTPONEMENT AND WITHDRAWAL OF PUBLIC HEARING CASES POSTED ON THE AGENDA. SO WE'VE HAD A [00:05:01] NOTICING ISSUE WITH OUR THIRD PARTY NOTICING PROVIDER, AND WE ARE GOING TO HAVE TO POSTPONE ALL NEW CASES TO NEXT MONTH. I'M GOING TO READ THOSE OFF HERE. UH, THIS WILL BE FOR JULY 10TH. SO WE'VE GOT C 15 20 23 0, 23 FOR 1205 BICKLER ROAD C 15 20 23 25 FOR 65 0 6 HERTS LANE C 15 20 23 0, 26 FOR 15 MARITA CRESCENT AND C 15 20 2327, 4 13 0 5 SOUTH SIXTH STREET. DO WE NEED TO TAKE A MOTION ON THAT? BECAUSE IT WAS A NOTIFYING ISSUE. I DON'T THINK WE DO THAT. PAUSE UNDER LIKE CLA CLARA, RIGHT? YEAH, IT'S STA IT'S HANDLED THE STAFF LEVEL. OKAY. SO WE'LL BE POSTPONING THOSE TO JULY 10TH. MOVING ON TO OUR SINGLE CASE FOR THE EVENING, C 15 20 23 0 24. [7. C15-2023-0024 Micah King for Thomas Neal Hull 1502 Hillmont Street] MICAH KING FOR THOMAS NEAL HALL. 15 TWO MONT STREET. KING, IF YOU COULD COME UP THE PODIUM, STATE YOUR NAME FOR THE RECORD, WE'LL GET YOUR PRESENTATION PULLED UP, BUT YOU'LL HAVE FIVE MINUTES. YES. AND GOOD AFTERNOON CHAIR AND BOARD MEMBERS. MICAH KING WITH HUSH BLACKWELL ON BEHALF OF THE PPLICANT. UH, THANK YOU FOR HAVING ME BACK AND, UM, GO AHEAD AND GET STARTED. SO, UH, UH, JUST TO RECAP, THIS IS THE PROPERTY, UH, 1502 HILL STREET, UH, SHOWN, UM, CIRCLED IN RED WITH, UM, ZONING CATEGORIES, UH, WITH DIFFERENT MAXIMUM HEIGHTS TO THE REAR. UM, AN UPDATE FROM OUR PREVIOUS HEARING. SO WE WENT BACK AND WORKED EXTENSIVELY WITH OUR ARCHITECTURAL TEAM AND THE APPLICANT TO SEE IF WE COULD REDUCE OUR, OUR, UH, VARIANCE REQUEST AT ALL. UM, DESPITE MANY ITERATIONS ALREADY. UM, AND WHILE IT REQUIRED SOME SACRIFICE, WE DID REDUCE OUR PROPOSED HEIGHT VARIANCE BY SIX INCHES AND REDUCE THE, UH, PROPOSED ENCROACHMENT INTO THE REAR SET BAG PLANE, UH, BY, UH, AN ENTIRE FOOT. UH, WE ALSO REDUCE OUR IMPERVIOUS COVER IN THE OUTDOOR SPACE, EVEN THOUGH WE'RE NOT ASKING FOR A VARIANCE FROM THAT. UM, AND WE ADDED RAINWATER GARDENS IN A RAINWATER COLLECTION SYSTEM, UH, TO HELP WITH DRAINAGE. AND, UM, SO THAT, THAT'S THE AMENDED AND REDUCED VARIANCE REQUEST THAT I MENTIONED. UM, SO WE'RE ASKING TO EXCEED BUILDING HEIGHT, UM, GOING FROM 32 TO 36 AND A HALF, UH, UNDER SUBCHAPTER F AND THEN, UH, GOING OUTSIDE THE REAR SET BACK PLANE JUST A LITTLE BIT, UH, ON THE REAR. UM, BUT OVERALL NOT UTILIZING THE VAST MAJORITY OF THE SUB-CHAPTER F BUILDABLE CHAIN AREA. UM, PREVIOUS DESIGN ITERATIONS, UM, THAT WAS, WAS REQUESTED LAST TIME. UM, LITTLE BIT HARD TO SEE, BUT HOPEFULLY YOU SEE ALL THIS IN THE BACKUP MATERIALS. UM, DIFFERENT DESIGN ITERATIONS WOULD'VE REQUIRED GREATER IMPACTS TO SLOPES TO BUILD TO, UH, TREES INCLUDING HERITAGE AND PROTECTED TREES IN THEIR CRITICAL ROOT ZONES AND CANOPIES, UM, WOULD'VE IMPACTED THE NATURAL GRADE GREATER THAN, UH, OUR PROPOSED DESIGN. UM, AND AS A REMINDERS, THERE'S BEEN LOCALIZED FLOODING AND DRAINAGE ISSUES IN THE AREA THAT HAS RESULTED IN LITIGATION THAT WE'RE TRYING TO AVOID WITH THIS DESIGN. UM, AND BY GOING UP AND HAVING A CAN OF LEVER DESIGN, WE AVOID, UH, THOSE ISSUES, UM, AND ACHIEVE, UH, A LIVABLE SPACE FOR THE CLIENT. UH, ON THE TOP IS THE PROPOSED MASSING, UH, SO THAT YOU CAN SEE IT IN RELATION TO THE CONDOS TO THE REAR. UM, SO PRETTY MINIMAL COMPARED TO WHAT'S UH, ALLOWED. SO LET'S SHOW HOW REASONABLE THIS IS WHEN WE'RE TALKING ABOUT THE SPIRIT AND INTENT OF SUBCHAPTER F BEING DESIGNED TO PRESERVE THE CHARACTER OF TRADITIONAL NEIGHBORHOODS. UM, IT'S GONNA BE LOWER IN HEIGHT THAN AS ALLOWED AS VIEWED FROM THE FRONT OF THE PROPERTY. UM, AND REALLY TRYING TO TO RESPECT THE CHARACTER OF THE AREA. UM, BENEFITS INCLUDE, BUT I MENTIONED AVOIDING THE CRITICAL ROOT ZONES AND SLOPES AND TREES. UM, WE HAVE A LOT OF SUPPORT FROM THE NEIGHBORS ON THE STREET. UM, NINE LETTERS OF SUPPORT IN TOTAL, I THINK IN ADDITION TO OTHER SUPPORT, UM, FROM SOME NEARBY RESIDENTS AND THAT SHOULD BE IN YOUR BACKUP MATERIALS AS WELL. UM, AND SO IMMEDIATELY ADJACENT AND ACROSS THE STREET NEIGHBORS, UM, IT'S A VIEW OF SOME OF THE TREES ON THE PROPERTY. YOU CAN SEE THEY HAVE VERY LARGE, UH, TREES EXTENDING OVER THE SETBACK AREAS. UM, THE, WHILE THE HOUSE, YOU KNOW, HAS BEEN THERE FOR MANY DECADES, THE [00:10:01] TREES HAVE GROWN UP OVER THE HOUSE AND WE WANNA PRESERVE THOSE AS MUCH AS POSSIBLE. UM, AND SO IT'S CREATED SOME REALLY UNIQUE, UM, DESIGN CONSTRAINTS FOR US, UM, WITHOUT GOING AND ASKING FOR A TREE VARIANCE CUZ WE DO WANNA PROTECT THOSE TREES AND PROTECT THE SLOPES. UM, ANOTHER UNIQUE, UH, CONDITION, UM, IT'S FOR THIS PROPERTY, YOU CAN SEE HOW SHROUDED WE ARE BY THE TREES THAT COMPLETELY ENVELOPE THE, THE PROPERTY. UM, UNLIKE OTHER PROPERTIES IN THIS AREA, UM, INCLUDING THE, THAT IN CONJUNCTION WITH BASICALLY A 450 FOOT THREE STORY TALL WALL BEHIND US WITH THE PARKING AREA AND FIRE LANE, UH, FOR SOME FROM SOME CONDOS. AND WE DO HAVE A LETTER OF SUPPORT FROM ONE OF THE OWNERS OF THOSE UNITS. UM, HERE YOU SEE THE SLOPES ON THE AREA, SO SLOPES NOT JUST ON ONE SIDE BUT ON THREE SIDES. UM, AND THAT'S ONE THING THAT WE'RE DEALING WITH AND THAT'S DRIVING THIS VARIANCE REQUEST. AND THEN YOU CAN SEE THE CRITICAL ROOT ZONES OF ALL THE TREES AROUND THE PROPERTY AND THEIR CANOPIES. UM, HARDSHIP BEING UNIQUE TO THE PROPERTY INCLUDES WHAT WE DISCUSSED, INCLUDING A 34 INCH CEDAR ELM AND A 30 INCH LIFE OAK TREE. UH, VERY LARGE CANOP PEAS, UM, THAT WE CAN TRIM SOME BUT ARE LIMITED ON HOW MUCH WE CAN TRIM, UM, AND DON'T WANT TO TRIM, TRIM AS MUCH AS POSSIBLE. UH, VERY LARGE CRITICAL ROOT ZONES, UH, AND SLOPES WITH RUNOFF CONCERNS, UM, INCLUDING THE, UM, SETBACKS AND EASEMENT, UH, SEVERAL PUB PUBLIC UTILITY EASEMENTS. UM, REASONABLE USE, UH, WITHOUT THE VARIANCE APPROVAL, UM, WE WOULDN'T BE ABLE TO PROVIDE ADEQUATE HOUSING TO MEET THE NEEDS OF THE OWNERS. UM, THE HOUSE AS IT IS, IS NOT REALLY IN A LIVABLE STATE. UM, IT'S BEEN ON THE MARKET FOR I THINK 291 DAYS NOW. UM, PEOPLE HAVE LOOKED AT THIS HOUSE AND GET SCARED OFF AND RUN OFF BY IT BECAUSE OF THE CHALLENGES THAT COME WITH REBUILDING ON THIS PROPERTY, UH, THEREBY CAUSING FINANCIAL HARDSHIP TO THE OWNER AS WELL. UM, WE'VE DONE MULTIPLE DESIGN ITERATIONS, INCLUDING WITH TWO DIFFERENT ARCHITECTURAL GROUPS. UM, AND WHAT WE'VE PRESENTED IS THE BEST WE CAN COME UP WITH TO PROVIDE THE NEEDS FOR A GROWING FAMILY, UM, AND STILL RESPECT THE THE AREA CHARACTER. UM, AND I'LL BE AVAILABLE FOR ANSWERING ANY QUESTIONS YOU MIGHT HAVE, UM, AS WELL AS THE PROSPECTIVE NEW OWNER AND THE ARCHITECT IS HERE AS WELL. THANK YOU. THANK YOU VERY MUCH. IS THERE ANY OPPOSITION? OKAY, LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND LET'S START THE DISCUSSION EVERY HAVE QUESTIONS OR MEMBER SHARE. STUNNING. UM, SO I APPRECIATE THE AMOUNT OF TIME AND RESOURCES THE OWNER HAS PUT INTO CREATING A DESIGN THAT WORKS WITH THE SPACE AND WORKS WITH THE NEIGHBORHOOD. UM, I WAS JUST WONDERING, HOW DID Y'ALL REDUCE THE HEIGHT? ASK WHAT'S THE CHANGE TO THE DESIGN THAT, TO, TO REDUCE THE HEIGHT? UM, SO WHAT WE DID IS BASICALLY REDUCED. YOU WANNA SPEAK TO THAT JOHN? UM, SO I THINK I CAN ANSWER THAT, BUT I DON'T WANNA GET THIS WRONG. YEAH, NO WORRIES. IT, I IS IT JUST THE LOWER CEILING AND THE UPSTAIRS FRONT OF THE HOUSE? NO, NO, PLEASE COME UP TO THE, GEEZ, THIS IS JOHN HALLECK WITH RIOS ARCHITECTURE. COME UP THE PODIUM AND STATE YOUR NAME FOR THE RECORD PLEASE. YEAH, MY NAME IS JOHN HALLECK, UM, PRINCIPAL AT RIOS ARCHITECTURE. WE'RE WE'RE THE, UH, DESIGN TEAM ON THE PROJECT. UM, YEAH, NO, TO ADDRESS YOUR QUESTION. YES, ESSENTIALLY SEVERAL THINGS. I MEAN, WE WORKED WITH THE STRUCTURAL ENGINEER TO LOOK AT THE ASSEMBLIES. I MEAN, AGAIN, A REALLY CHALLENGING SITE TO OBTAIN REASONABLE USE WITH THE CANTILEVERING OVER THE STEEP SLOPES AND THE CRITICAL ROOT ZONES. AND ESSENTIALLY TRYING TO NAVIGATE THE MASS OF THE HOUSE INTO THAT FREE ZONE THAT YOU SEE ON THE GOOGLE MAP. SO YEAH, LOWERED SOME CEILING HEIGHTS, UM, AGAIN, WHICH WAS REALLY AGAINST WHAT OUR CLIENT WANTED TO DO, BUT KIND OF AGAIN, TRIGGERING THIS BASED ON OUR CONVERSATION LAST TIME, WE WANTED TO TRY TO TRY TO TIGHTEN THINGS UP AS MUCH AS WE COULD. SO THANK YOU. BOARD MEMBER VAN OLAN. SO BASICALLY WHAT YOU DID WAS YOU, UH, ARE YOU USING A PREFAB TRUST SYSTEM AND YOU GUYS CHANGED THE PITS OF THE ROOF FOUR 12 TO THREE 12 OR SOMETHING? IS THAT WHAT YOU DID? WE'RE LOOKING AT A COUPLE DIFFERENT KIND OF A HYBRID, PROBABLY A STEEL AND WOOD AND WHICH TRIGGERS SOME DEPTH THAT OBVIOUSLY WITH WHEN YOU START TO ADD MECHANICAL SYSTEMS FLOWING THROUGH THERE. AND UM, SO YEAH, WE JUST TRY TO TIGHTEN UP THE TRU TRUST DEPTHS. YEAH, OKAY. SURE. WITHOUT INCURRING AND YOU'RE GONNA BE OKAY WITH, THE REASON I'M ASKING IS, IS BECAUSE UH, WHEN HAVING BEEN A CONTRACTOR, WHEN YOU'RE BUILDING SOMETHING LIKE THIS AND YOU START LOWERING YOUR TRUST HEIGHT AND IT'S, IT CHANGES YOUR ENGINEERING, IT CHANGES YOUR LOW BEAR MM-HMM. , IT ALSO CHANGES YOUR ABILITY TO GET YOUR H V A C SYSTEMS UP THERE AND THERE, YOUR HEATING, HEATING EXCHANGE AND YOUR DUCTWORK. [00:15:01] ARE YOU GUYS GONNA HAVE ENOUGH ROOM? I MEAN, I MEAN, AND YOU, YOU KNOW, THIS IS, WELL IS ANYBODY PROBABLY, I MEAN THE, THE TIGHTER YOU MAKE THAT ASSEMBLY SOMETIMES THE MORE EXPENSIVE IT GETS AND SO WE WERE JUST TRYING TO MAINTAIN THE FLEXIBILITY WITH THE SYSTEM WITH MATERIAL COSTS AND THINGS LIKE THAT BEING WHAT THEY ARE SO THAT WE COULD YEAH. YOU KNOW, MAINTAIN A DESIGN THAT WORKED FOR THE CLIENTS AND, AND SHRUNK THAT ASSEMBLY AS MUCH AS WE COULD. AGAIN, RESPONDING TO FEEDBACK FROM, FROM LAST, LAST MONTH. SURE. YEAH, SURE. AND JUST A FOLLOW UP ON THAT QUESTION, I THINK THAT GOING BACK TO OUR ORIGINAL VARIANCE REQUEST WOULD GIVE US DESIGN FLEXIBILITY TO HAVE A LITTLE MORE BREATHING ROOM. YEAH. UM, BUT THIS IS WHAT WE'RE DOING SAYING OKAY, WITH ADDED COST, WITH ADDED ENGINEERING PROBLEMS, WE THINK WE CAN MAKE THIS WORK. BUT IT WOULD BE NICE TO HAVE THAT EXTRA SIX INCHES BACK BOARD MEMBER AB UM, YEAH, I WAS TRYING TO GET MORE INFORMATION ABOUT THE OTHER LAYOUTS THAT YOU LOOKED AT. CAUSE THANK YOU FOR PROVIDING SOME OF YOUR, YOUR INTERIM CONCEPTS. BUT THE CONCEPTS YOU'VE PROVIDED IN THE PACKET AS FAR AS I CAN SEE, UM, AND I'M LOOKING AT PAGE SEVEN OF SEVEN. YEAH. PAGE SEVEN. NO, IT'S PAGE EIGHT OF ITEM SEVEN. PAGE SEVEN OF ITEM SEVEN. UM, IT DOESN'T REALLY GIVE ME A LOT OF INFORMATION ABOUT EXACTLY WHAT YOU LOOKED AT. I MEAN, IN TERMS OF LIKE, SAY RELOCATING THE, THE USES WITHIN THE STRUCTURE. UM, I DON'T KNOW IF YOU HAVE MORE INFORMATION AVAILABLE BECAUSE WHERE I'M GOING WITH THIS IS THAT, UM, LOOKING AT YOUR PRESENTATION YOU'RE TALKING ABOUT, UM, WELL, LIKE ONE OF THE EXAMPLES, AND THIS IS PAGE 25 OF THE PRESENTATION, UM, YOU KNOW, NINE AND NINE AND A HALF FOOT CEILING HEIGHTS WITHIN EACH FLOOR, WHICH IS GREAT, BUT I DON'T REALLY BELIEVE YOU CAN CALL THAT UNLIVABLE. IF YOU WENT WITH SOMETHING LIKE EIGHT OR EIGHT AND A HALF, UM, IT'S NOT IDEAL. OF COURSE, YOUR PRIORITY IS TO HAVE SOMETHING LIKE A NINE AND A HALF FOOT SEAL PLATE THEN, YOU KNOW, YOU, YOU MIGHT HAVE TO CUT BACK SOMEWHERE ELSE IN ORDER TO MAKE IT. AND, AND RIGHT NOW I'M NOT SEEING IN THESE OTHER CONCEPTS ENOUGH INFORMATION FOR ME TO, TO UNDERSTAND WHAT SORTS OF TRADE OFFS YOU LOOKED AT IN COMING UP WITH THIS PLAN. YEAH. ANY MORE DETAIL? SURE. UM, I'M TRYING TO FIND THAT EXHIBIT, BUT, UM, IN THE MEANTIME, UM, I THINK PART OF THAT GOES TO, YOU KNOW, WHAT ARE THE COMMON CEILING HEIGHTS, WHAT'S REASONABLE IN THIS AREA, TYPICALLY HIGHER, UM, FOR THE NEWER BUILDS. UM, AND THAT, AND THAT'S KIND OF WHAT'S EX EXPECTED AND WE UNDERSTAND. UM, BUT I THINK THE REASONABLENESS GOES TO WHERE CAN WE GET THAT LIVING SPACE THAT WE NEED WITHOUT IMPACTING THESE SLOPES AND THE TREES AND THE, AND THE, AND THE SLOPES. SO, UM, OKAY. I I DIDN'T CATCH QUITE ALL OF THE WORDS YOU WERE SAYING TOO, SO I APOLOGIZE FOR THAT. I HAD A LITTLE BIT OF DID YOU, OH YEAH, NO PROBLEM. I'M HAVING A LITTLE BIT OF, UM, COPY AUDIO AS WELL. SO IT'S, UH, IS THERE SOMETHING SPECIFIC YOU, YOU WANTED TO SEE BOARD MEMBER OF THEM? WELL, I WANTED TO KNOW IF THERE WAS MORE TO LOOK AT THAN, UM, WHAT'S ON PAGE SEVEN IN THE PACKET? UM, IT'S JUST SHOWING A FOOTPRINT. OH, NOT REALLY LIKE A LAYOUT. UM, AND IT, AND IT IS JUST ONE, IT'S NOT SHOWING MULTI MULTIPLE STORIES OR I THINK THERE WERE SOME MORE EXHIBITS. YEAH. THAT WE CUT SOME OF THEM FOR BREVITY CUZ WE WERE ALREADY SO LOW SLUNG ON THE PAGE LENGTH. BUT ARE THERE QUESTIONS? DISCUSSION? JUST A CLARIFYING QUESTION. OH, AND I REMEMBER THE FIRST NAME, BUT VEZ, BOARD MEMBER VEZ, UH, YEAH, SO I'M LOOKING AT, UM, THIS IMAGE, I GUESS ITEM SEVEN, NUMBER FIVE, THAT'S SHOWING THE EXISTING HOUSE'S FOOTPRINT AS COMPARED TO THE CURRENT FOOTPRINT. CAN YOU SPEAK A LITTLE BIT TO, BECAUSE IT LOOKS LIKE THE EXISTING HOUSE IS ACTUALLY EATING UP MORE SPACE, UM, THAN THE, THE PROPOSED FOOTPRINT. CAN YOU SPEAK A LITTLE MORE TO LIKE WHY THAT DESIGN CHANGE? UM, YES, THIS, UM, MAYBE WE CAN PULL UP THE PRESENTATION A LITTLE BIT. UM, GO TO THAT. OH, IS THIS THE ONE YOU'RE REFERRING? OKAY. YES. [00:20:01] SO THE RED'S THE EXISTING AND THEN THE GREEN, UH, IS, THAT'S PROPOSED. UM, AND PART OF WHAT IS DRIVING, UH, THE FOOTPRINT IN ADDITION TO THE TREES AND EVERYTHING IS, IS REALLY IMPORTANT FOR THE NEIGHBOR, THE ADJACENT NEIGHBOR TO THE, TO THE EAST, WHICH IS ON THE BOTTOM PART OF THE SCREEN. UM, TO HAVE A BIGGER SETBACK, UM, BECAUSE OF THOSE HISTORICAL SLOPE ISSUES, UM, AND DRAINAGE RUNOFF THAT SHE'S IN LITIGATION ABOUT. UM, AND BECAUSE OF THE TREES, ONE OF THOSE PHOTOS YOU SAW EARLIER WHERE THERE'S A REALLY BIG TR TREE LIMITS HORIZONTAL CLOSE TO THE GROUND IS IN THAT AREA IN THE BACKYARD. SO WE'RE TRYING TO PUSH AWAY FROM THAT. UM, AND UM, WE WANTED TO, YOU KNOW, OF COURSE NOT ASK FOR ANY VARIANCE FROM THE FRONT STEP BACK. SO WE'RE WELL BELOW WHAT OUR MINIMUM SETBACK REQUIREMENTS ARE. UM, I'M GONNA TO GIVE THAT EXTRA BREATHING ROOM. DID THAT ANSWER YOUR QUESTION? SORRY, THAT'S A LITTLE BIT THAT THAT ABSOLUTELY DOES IT. WHAT I'M HEARING IS LIKE Y'ALL HAVE KIND OF TAKEN A MORE REASONABLE, LIKE A SMALLER FOOTPRINT IN IT'S VERY CONSERVATIVE. YES. MM-HMM. BOARD MEMBER POTE. UH, JUST A PROCEDURAL QUESTION, WE CAN APPROVE EITHER THE REVISED VARIANCE REQUEST TONIGHT OR THE, UH, THE, THE ORIGINAL REQUEST, RIGHT? CORRECT. GOOD TO KNOW. WELL, I'LL, I MEAN, I THINK YOU ALL REMEMBER I WAS ALREADY FOR VOTING FOR THIS ONE, SO, SORRY, JUST PROCEDURAL. YOU HAVE TO NO WORRIES. WAIT TO BE CALLED ON. BUT SORRY, GO AHEAD. ARE YOU JUST COMMENTING OR DID YOU HAVE A QUESTION? UH, JUST COMMENTING, I'M, I'M TOTALLY ON BOARD WITH VOTING FOR THIS ONE. UM, I WOULD ACTUALLY BE ON BOARD WITH VOTING FOR THE ORIGINAL VARIANCE TOO, IF ANYBODY ELSE'S. UM, BUT I'M CURIOUS TO HEAR WHAT EVERYONE ELSE THINKS. IS THAT A MOTION? UH, NO, IT'S NOT A MOTION. I WOULD'VE BEEN A SECOND. YES. , I'LL MAKE THE MOTION. SO IS THAT A MOTION TO APPROVE? THAT'S A MOTION TO APPROVE THE ORIGINAL OR THE AMENDED, KNOWING THE CONSTRUCTABILITY OF IT. AND AFTER SEEING, AND I'VE REVIEWED THE ENTIRE PACKAGE, THE TREES AND THE, AND THE TOPOGRAPHY ARE PROBABLY THE TWO TOP, UH, HARDSHIPS THAT WE'VE RUN ACROSS HERE NOW UP HERE. AND SO I DON'T THINK THE SIX INCHES IS NECESSARY. UH, SO, UM, YOU KNOW, I DON'T THINK I, I KNOW WHAT IT COSTS TO RE REMANUFACTURE TRUSSES AND, AND TO TRY TO CUSTOM CUT SOME OF THESE ROOFS AND STUFF AND LIKE THAT. I THINK IT'S AN UNDUE BURDEN, ESPECIALLY SINCE IT'S SUCH A SMALL ASK. ANYHOW, WE'RE ASKING FOR FIVE FEET AND WE'RE ASKING FOR THREE FEET, 10 INCHES. AND, AND I KNOW WITH THESE SLOPING THE SLOPING TOPOGRAPHY, WE'VE, WE'VE GRANTED MORE THAN THAT IN THE PAST, EVEN THOUGH EACH CASE IS UNIQUE IN AND OF ITSELF. BUT I WILL MAKE A MOTION TORU TO APPROVE, APPROVE THE ORIGINAL OR WHAT THEY'VE BROUGHT TO US IS AMENDED. I'M GONNA APPROVE THE ORIGINAL CUZ I DON'T THINK IT'S A MOTION TO APPROVE THE ORIGINAL. DO I HAVE A SECOND? EACH TIME YOU GO TO AN I'LL START, NO OFFENSE, BUT YOU GO TO AN ARCHITECT TO HAVE 'EM REJO AND THEN YOU HAVE TO, WHEN YOU'RE DEALING WITH TRUSSES AND ROOF HEIGHTS, YOU'RE ALSO DEALING WITH INJURED STRUCTURAL ENGINEERING. AND I JUST DON'T THINK THAT'S, UH, THAT'S A BURDEN THAT NEEDS TO BE PUT ON THE APPLICANT. YOU NEED THIS OTHER DISCUSSION FOR OR AGAINST BEFORE WE TAKE THE VOTE. OKAY. LET'S TAKE THE VOTE. DO YOU WANT, UH, FINDINGS, PLEASE? OKAY. REASONABLE USE. THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THESE REGULATIONS DON'T, UH, THE EXISTING HOME IS IN THE DECLINING STATE AND THE REPLACEMENT OF THE HOMESTEAD RESIDENCE WOULD BE BOXED IN AND HAVE VERY LIMITED LIGHT VIEWS DUE TO THE SURROUNDED PROTECTED HERITAGE TREES AND LARGE CANOPIES. AND IT'S A REL RELATIVELY LIMITED BUILDABLE AREA HARDSHIP. THE HARDSHIP FOR WHICH A VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT, IN THAT MOST OTHER PROPERTIES DO NOT HAVE THE SAME COMBINATION OF A LOT WITH LIMITED BUILD BUILDABLE AREAS SURROUNDED BY SO MANY PROTECTED HERITAGE TREES AS WELL AS THE, THE TOPOGRAPHY, THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE THE HEART, WELL, YOU GUYS SHOULD KNOW, YOU REPEATED THE, THE FINDINGS . SO I'M READING THE FINDINGS AND I'M REPEATING THEM AGAIN. THE HARDSHIP IS NOT GENERAL TO THE AREA BECAUSE MOST OTHER PROPERTIES DO NOT HAVE THE SAME COMBINATION OF LOT WITH RELATIVELY SMALL BUILDABLE AREA AND ENTIRELY SURROUNDED BY PROTECTED HERITAGE TREES AREA CHARACTER. THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED. BECAUSE THE HEIGHT INCREASE WOULD ONLY BE FOR THE REAR PART OF THE STRUCTURE. THE FRONT OF THE HOUSE WILL BE STEPPED BACK FROM THE FRONT BY USING A TIERED LAYER DESIGN. AS SUCH, THE SCALE AND MASSING WILL BE SWAPPED FROM THE FRONT OF THE PROPERTY TO THE UPPER REAR. [00:25:01] THE SMALL PORTION ON THE TOP FLOOR THAT WOULD GO BEYOND THE REAR SETBACK PLANES BACKS UP TO THE PAVED PART OF A LARGE CONDOMINIUM PROPERTY THAT SERVES AS A FIRE LANE AND PARKING AREA, SO WOULD NOT IMPOSE UPON ANY NEIGHBORS. THAT'S IT, MADAM CHAIR. OKAY. AGAIN, THIS IS A MOTION TO APPROVE THE ORIGINAL VARIANCE THAT'S PRESENTED MADE BY A BOARD MEMBER, JUAN OWEN, SECONDED BY BOARD MEMBER SHANI AND MADAM CHAIR. I WOULD PROBABLY HAVE A DIFFERENT VIEW EXCEPT YOU GUYS ARE BACKED UP TO THE, THAT THE, THE CONDO AREA BEHIND YOU. YEAH. AND SO, YOU KNOW, I, I DON'T THINK IT'S NECESSARY AND I WILL SAY THIS, APPRECIATE YOUR ATTEMPT AND YOU'RE TRYING TO REALLY CUT THINGS DOWN AND I DID WATCH THE VIDEO AND I SAW WHAT PEOPLE WERE ASKING FOR. I JUST THINK THAT IT'S A REASONABLE ASK. THANK YOU. HEY, LET'S CALL THE VOTE. TOMMY YATES. YES. JESSICA COHEN. YES, I AGREE WITH BOARD MEMBER BON OLAND. BY THE WAY, I THINK WHEN YOU HAVE THIS KIND OF A SUPPORT FROM THE NEIGHBORHOOD, REGARDLESS IF YOU'RE ON THE BOARD OF THE NEIGHBORHOOD ASSOCIATION OR NOT, THAT IT STILL SPEAKS VOLUMES. SO I WOULD'VE SUPPORTED THIS ORIGINALLY AS WELL. BOARD MEMBER POTI? YES. UM, SHERIFF STAN? YES. SORRY GUYS, I'M ALL OUT OF ORDER. BOARD MEMBER SMITH. BOARD MEMBER SMITH. OH, I'M SORRY. DIDN'T HEAR YOU. YEAH, I'M, UH, DEFINITELY FOR THIS, UH, I WAS FOR LAST TIME. AND, UH, I JUST WANNA COMMENT AND SAY, UH, YOU KNOW, AS A TREE PERSON, AWESOME JOB. UH, BOARD MEMBER VINCENT? YES. BOARD MEMBER OF JUAN OLAN. YES. BOARD MEMBER BLOOM? UH, NO. I, IT'S A LOVELY DESIGN, BUT I, I I DON'T, I'M NOT SATISFIED THAT WE NEED THE VARIANCE. OKAY. BOARD MEMBER GARZA? YES. AND I THINK THAT'S COVERED. IT MUST HAVE BEEN 1, 1, 2, 3, 4, 5, 6, 7, 8, 9. OKAY. YES, THAT IS EIGHT YESES. ONE. NO, UH, CONGRATULATIONS. YOUR PARENTS IS GRANTED. THANK YOU MADAM CHAIR. BOARD MEMBERS APPRECIATE YOUR TIME. PATIENCE. IT'S A GREAT FACE. OKAY, MOVING ON. NOW THAT THE HEAVY LIFTINGS OUT OF THE WAY, WE'RE GONNA MOVE ON TO DISCUSSION ITEMS. ITEM EIGHT, DISCUSSION [8. Discussion of the May 8, 2023 BOA activity report] OF THE, UH, WHAT WAS IT? WE IN JUNE, MAY 8TH, 2023, OR, SORRY, IT'S MAY, 2023 ACTIV, OR IS IT JUNE? NO, THE J JUNE ACTIVITY REPORT. YES. MAY 8TH, 2023. UH, ACTIVITY REPORT. ANY DISCUSSION? WE LOVE YOU. WELL DONE. ELAINE AND DIANA, THANK YOU. IF WE DON'T SAY IT ENOUGH. YES. NO, IT'S, WELL, IT WAS WELL DONE. THANK YOU. COOKIES. I WILL SEND YOU COOKIES. YOU KNOW, I WILL. THANK Y'ALL FOR EVERYTHING. UH, ITEM NINE. DISCUSSION REGARDING [9. Discussion regarding future training for board members] FUTURE TRAINING FOR BOARD MEMBERS. IT'S LOOKING LIKE WE'RE STILL ONE SHORT, BUT I THINK MAYBE AT THIS TOO SHORT OF JULY, PUSH IT OFF TILL JULY AND IF WE DON'T HAVE NEW MEMBERS BY THEN, JUST WE'LL HAVE TO SCHEDULE IT FOR AUGUST, BUT WE, WE CAN'T PUSH IT BACK FOREVER. LIKE, UH, BOARD MEMBER POTE, THE NEXT CITY COUNCIL MEETING IS JULY 20TH. RIGHT. SO WE WON'T BE GETTING ANY NEW BOARD MEMBERS UNTIL AUGUST AFTER THIRD EARLIEST. OKAY. THERE IT IS. THAT I THINK THAT'S RIGHT. THAT'S RIGHT. SUMMIT, RIGHT? WELL, YEP. AND THEN, AND THEN THEY'RE NOT GONNA HAVE TIME FOR BOARD MEMBERS BECAUSE THEY'RE GOING TO BE INTO A BUDGET. SO ELAINE, IF YOU'LL JUST SEND ME A LIST OF THE SPOTS WE'RE MISSING AND I'LL TRY TO CALL IN SOME FAVORS. WHY AND WHY NOT HAVE, UH, THE BOARD MEMBERS THAT ARE PRESENT. I MEAN, IT'S A LITTLE UNFAIR FOR THEM TO HAVE THE NEW BOARD MEMBERS GO THROUGH A TRAINING AND THEN WHOEVER COMES ON THE LAST TWO, THEY CAN HAVE A TRAINING TOO. I THINK GETTING THE CLERK'S OFFICE TO DO ONE TRAINING IS GOING TO BE DIFFICULT ENOUGH. TWO MIGHT BE, WELL, WE GOTTA MAKE 'EM SOME COOKIES OR SOMETHING. I MEAN, THEY ALWAYS, THEY'VE BEEN PUTTING ON THESE THINGS FOR [00:30:01] THE LAST 15 YEARS, 20 YEARS. ELAINE. THIS IS, THIS IS LIKE AN IN PERSON, NOT A VIRTUAL ASSESSMENT. I FIND THAT THESE TRAININGS GO BETTER IN PERSON AND ALSO HELPS THE BOARD MEMBERS MEET EACH OTHER BECAUSE THERE'S SOME INSTITUTIONAL KNOWLEDGE THAT CAN BE SHARED. SURE. UH, WHEN YOU'RE HAVING TO DO A HYBRID MEETING IN THE BULLPEN, WHICH ARE IN THE BACK WHERE WE'D BE DOING IT, IT'S A LOT MORE COMPLICATED BECAUSE THERE'S ONLY ONE MICROPHONE FOR, UH, US TO USE AND THEN TO HAVE TO NAVIGATE WITH THE, UH, DO THEY, UM, DO THEY HAVE TO LIKE PREP ALL THE MATERIALS STILL? LIKE THEY HAVE TO DESIGN THE TRAINING? OR IS IT JUST A MATTER OF GIVING IT? NO. SO WHAT IF WE, WHAT IF THEY DO IT ONCE? WE HAVE THE NEW LIKE LATER, BUT WE GET THE MATERIALS SOONER SO WE CAN THEM, THE MATERIALS ARE AVAILABLE ALREADY. OH, OKAY. THAT THEY'RE ONLINE. UH, AND ELAINE DID, DID YOU SENT THE LINKS TO THOSE? CORRECT. SOME OF THEM, LIKE THE LA ZONING, THE WATERFRONT TRAINING WE HAD? UH, YEAH, THAT, THAT SHOULD BE IN YOUR EMAIL. OKAY. OKAY. I'M SURE IT IS. IT'S STILL, I DON'T KNOW. I FIND LOOKING AT IT ON A PROJECTOR AND HAVING SOMEONE FROM WATERSHED GOING OVER IT 10 MAKES A DIFFERENCE. I AGREE. I WAS JUST TRYING TO FIND A HAPPY MEDIUM BETWEEN THE THINGS YOU'RE TRYING TO BALANCE HERE. AUGUST IS, YEAH, I CAN BAKE 'EM COOKIES, MAN. . I ACTUALLY BAKED 'EM THE OTHER DAY. I FIGURED IT OUT. WELL, WHY DON'T WE JUST SAY FOR, WE'LL, WE'LL, ELAINE, WHY DON'T WE JUST GO AHEAD AND TRY TO GET THIS ON THE BOOKS FOR AUGUST. I KNOW THEY REQUIRE AT LEAST 30 DAYS NOTICE FOR THESE. LET'S GO AHEAD AND GET IT SCHEDULED AND THEN IF I CAN PULL SOME STRINGS, THEN WE'LL SEE WHAT, WHAT WE CAN COME UP WITH. OKAY. ITEMS 10 AND 11. WE, WE CAN JUST SCRATCH THIS OFF NOW BECAUSE THEY'RE DEAD. MUCH LIKE THE LAST LEGISLATIVE SESSION. UH, ITEM 12, [12. Discussion and possible action regarding working group for BOA Rules of Procedure and Bylaws] DISCUSSION AND POSSIBLE ACTION REGARDING WORKING GROUP FOR B B A RULES AND PROCEDURE AND BYLAWS. SO I THINK LAST TIME WE HAD SOME DISCUSSION ON WHETHER OR NOT WE WANTED TO CLEAN THINGS UP A BIT. UH, MAYBE CREATE A WORKING GROUP, BUT I THINK THIS IS WHAT WE'RE GONNA HAVE FOR THE NEXT TWO MONTHS. WAS ANYONE INTERESTED IN DOING RULES OR PROCEDURES OR BYLAW CLEANUP CHANGES? WHY ARE YOU LOOKING AT ME ? WOW. OKAY. SO I THINK WE CAN JUST TAKE THOSE OFF THE NEXT AGENDA AND WE'LL CALL OUT WHERE IT'S AT FOR NOW. OKAY. ITEM [13. Discussion and possible action regarding an update on the resolution sent to council for the BOA Applicant Assistance Program (BAAP).] 13, DISCUSSION AND POSSIBLE ACTION REGARDING AN UPDATE ON THE RESOLUTION SENT TO COUNCIL FOR THE BOARD OF ADJUSTMENT APPLICANT ASSISTANCE PROGRAM. IT IS WITH GREAT PRIDE AND PLEASURE THAT I ANNOUNCED THE ORDINANCE FOR THE BOARD OF ADJUSTMENT AFRICAN ASSISTANCE PROGRAM WAS PASSED. ITEM FOUR, LAST CITY COUNCIL, SORRY, TWO CITY COUNCIL MEETINGS AGO. AND WE'LL BE GOING INTO EFFECT IN OCTOBER OF THIS YEAR. SO, GREAT. IT DOESN'T REALLY AFFECT US AS BOARD MEMBERS THAT MUCH, BUT ELAINE, SORRY ABOUT THE EXTRA WORK. HAVE FUN. LET ME KNOW IF YOU HAVE ANY ISSUES. DON'T TRY TO HELP US, SMOOTH THEM OUT. OKAY. AND THIS ONE AFTER WHAT, TWO YEARS AND FOUR MONTHS CAN FINALLY COME OFF THE AGENDA. AND YOU DID A GOOD JOB, MADAM CHAIR. YEAH. PUSHING THAT THROUGH. YOU DIDN'T LET UP ON IT. SO MY HAT'S OFF TO YOU. IT'S LIKE A FIVE ALL TIME. WHAT? AND IF THAT'S WHAT IT TAKES TO PASS SUCH A SMALL ORDINANCE, YOU KNOW, DON'T EVEN GET ME STARTED. ALL RIGHT. ITEM 14, DISCUSSION. [14. Discussion and possible action by the Board based on the Working Group update on proposed changes to BOA Appeals.] IMPOSSIBLE ACTION BY THE BOARD. BASED ON THE WORKING GROUP UPDATE ON THE PROPOSED, I SHOULD HAVE CROSSED THIS OFF. SO WE DO HAVE SOME NEW MEMBERS. WAS THERE ANY INTEREST FROM ANYONE, UH, IN PICKING UP THE RECOMMENDATIONS MADE BY THE PREVIOUS WORKING GROUP AND TWEAKING THEM MORE IN REGARDS TO APPEALS AND THE COST? WE'RE JUST TRYING TO MAKE, UH, THE BOARD A LITTLE MORE ACCESSIBLE TO EVERYBODY, ESPECIALLY FOLKS THAT DON'T MAKE, YOU KNOW, SIX FIGURES OR EVEN, YOU KNOW, 80 K A YEAR, WHICH APPARENTLY IS LIKE CONSIDERED POVERTY NOW. WHERE WAS IT? I, MADAM CHAIR. I I DO KNOW KELLY, I DON'T MEAN TO PUT YOU ON THE SPOT, SWEETHEART, BUT I'M, UM, WHERE WAS IT LEFT AFTER DARRELL AND, UH, MARVEL, UH, KELLY SENT AN EMAIL OUT BOARD MEMBER BLOOM SENT AN EMAIL TO EVERYBODY, UH, WITH THE RECOMMENDATIONS FROM THE WORKING GROUP. DID I GET THAT? WE'RE TRYING TO CREATE A NEW WORKING GROUP, RIGHT? YES. BECAUSE WE DISSOLVED THE OLD ONE. I'M, I'M WILLING TO BE OR, OR, OR IF IF THERE ARE RECOMMENDATIONS, SUGGESTIONS TO PICK UP, YOU'RE WILLING TO GET IN ON THAT? YEAH. OKAY. SO THAT'S ONE. OKAY. WELL FIRST WE WOULD DO, WE NEED A MOTION TO CREATE THE WORKING GROUP AND WE NEED TO SET FORWARD THE TASK IT'S GOING TO BE DOING AND THEN WE HAVE TO VOTE ON IT. BUT WE CAN DO THAT BY A VOTE OF AFFIRMATION. UM, SO I'LL GO AHEAD AND MAKE A MOTION TO CREATE A WORKING GROUP [00:35:02] TO YOU. OH, SHOULD I PRAISE IT? LET'S SAY MADAM CHAIR, BEFORE YOU DO THAT, SINCE YOU HAVE ON HERE POSSIBLE ACTION TO AMEND BO A RULES PROCEDURE AND BYLAWS. THIS, UH, ITEM, WHICH IS APPEALS, IS IN OUR RULES AND PROCEDURES AND BYLAWS. BYLAWS, OKAY. SO, UH, I MEAN, DO YOU WANT TO KILL THREE? BUT IT'S ABOUT THE COST AND THE COST IS HANDLED AT THE COUNCIL AND THE STAFF LEVEL. IT'S NOT REALLY, THAT PART'S NOT IN OUR, WELL, UH, THIS, IF I'M NOT MISTAKEN, THE BOA APPEALS ISSUE WAS MORE ABOUT HOW WE ARE NOTIFIED ABOUT AN IF THERE'S AN APPEAL. HOW, UH, NO, THIS ONE WAS THE ONE THAT, UH, VICE CHAIR HAWTHORNE BROUGHT UP WHERE SHE FELT THAT NEIGHBORHOOD ASSOCIATIONS WERE STILL BEING CHARGED THESE EXORBITANT PRICES FOR THE COST OF SERVICE. AND IF YOU'RE ON A NEIGHBORHOOD ASSOCIATION OR AN HOA, WHAT YOUR DUES ARE ONLY LIKE MAYBE 30 OR $40 A MONTH. OKAY. SO, SO THIS, UH, THIS ONE, THIS, THIS APPEALS DOESN'T FALL UNDER BECAUSE I KNOW AT ONE TIME WE HAD A DISCUSSION THAT STAFF WAS BEING NOTIFIED THAT SOMEBODY WANTED TO APPEAL, BUT IT WASN'T GETTING TO THE BOARD. AND SO, UM, I MIGHT BE CONFUSING THE TWO. I DON'T KNOW IF WE EVER RECTIFIED THAT CHAIN OF COMMAND HOW IT WENT AS WELL. I'M SORRY, I MISSED THAT LAST PART. I WAS TRYING TO DO TWO THINGS AT ONCE AND IT DIDN'T WORK OUT. I KNOW I SHOULD HAVE STOPPED. PLEASE. UM, I WASN'T, I, THERE WAS ANOTHER ISSUE THAT WE HAD GOING ON, HOW THE CHAIN OF COMMANDER, HOW THE, HOW THE COMMUNICATION WENT WHEN AN APPEAL WAS MADE. CUZ SOMETIMES APPEALS WERE MADE TO STAFF AND THEY WOULDN'T COME TO, TO THE RIGHT, THE BOARD. SO THAT, I GUESS THAT WOULD BE A BYLAW CHANGE AS WELL. OR AT LEAST A OR YEAH, RULES OF P RULES. PROCEDURE. RULES OF PROCEDURES. AT LEAST AT A MINIMUM. UH, THE COST, THE COST CAN BE ADDRESSED IN IT AS WELL. BUT THERE WAS A, I DO KNOW THAT THAT WAS A SEPARATE ISSUE THAT, UH, PREVIOUS CHAIRS ALSO HAD THAT AN APPEAL WOULD BE FILED, AN APPLICANT WOULD BE TOLD, SORRY, TOO BAD, TOO LATE, WHATEVER THE CASE MAY BE, DOESN'T QUALIFY. OR THEY WERE NOT NOTIFIED THAT, UH, THE APPEAL HAD BEEN TAKEN CARE OF ADMINISTRATIVELY. AND SO THERE WAS THIS COMMUNICATION BREAKDOWN AND THERE, I THOUGHT THAT'S WHAT PART OF THIS GROUP WAS ALSO WAS TO WORK OUT THAT COMMUNICATION LAPSE THAT THAT WAS HAPPENING BETWEEN STAFF AND THE BODY. THE DI THE BOARD. UH, QUICK QUESTION FOR LEGAL, PLEASE. HAS A QUESTION. IF THIS INCREASES THE COST OF SERVICE, IS THAT GOING TO HAVE TO BE A BYLAW CHANGE OR IS THAT SOMETHING WE COULD INCORPORATE INTO OUR RULES OF PROCEDURE? WELL, I'M NOT MISTAKEN IF IT INCREASES THE COST OF SERVICE. IT, IT'S GOTTA GO THROUGH FINANCE COMMITTEE AT CITY COUNCIL. THAT'S WHAT I'M THINKING TOO AT ERICA LOPEZ'S, ASSISTANT CITY ATTORNEY. I DON'T BELIEVE THAT THE BYLAWS CAN ADDRESS THE COST OF SERVICE. CORRECT. YEAH. IT'S PROBABLY NOT THE APPROPRIATE MECHANISM. SO WE COULD MAYBE DO A RESOLUTION TO COUNSEL REQUESTING THESE CHANGES, BUT WELL THE CHANGE, THE CHANGE ON THE CHANGES ON THE COMMUNICATION LINE OF COMMUNICATION CAN BE DONE WITH THE GROUP AND WITH THIS CLIENT BECAUSE THAT'S JUST GONNA BE STOPPED. BUT THAT'S JUST COMMUNICATION LINES. NOW ANYTHING HAVING TO DO WITH INCA IN THE, THE INCREASE OF COST? YES, WE WOULD HAVE TO DO A RE UH, WE WOULD HAVE TO DO A REQUEST AND A RESOLUTION AND PUT TOGETHER SOMETHING THAT GOES THROUGH THE AUDIT FINANCE COMMITTEE TO MAKE SURE THAT, THAT IT'S OKAY WITH THEM CUZ THAT THERE'S A CERTAIN AMOUNT OF COST, RIGHT? WHEN SOMEBODY DOES APPEAL, THAT IS USUALLY ADMINISTRATIVE AND EVERYTHING ELSE. NOTIFICATIONS, EVERYTHING IS COVERED BY THAT FEE. AND SO WE WOULD HAVE TO MAKE SURE THAT, YOU KNOW, WHATEVER WE WERE GOING TO REQUEST THAT IT DOESN'T IMPACT THAT. SO IT'S GOTTA GO TO FINANCE AUDIT COMMITTEE. THEN FOR FINANCE AUDIT COMMITTEE, IT GOES TO COUNCIL FOR FULL RATIFICATION AND THEN WE GET AN OKAY ON IT. IT'S SORT OF LIKE WHAT YOU DID WITH YOUR, I HATE TO SAY IT BECAUSE I KNOW HOW LONG YOU PUSHED ON THAT THING ON ITEM NUMBER 13 THAT YOU PUSHED THROUGH THAT YOU SAW HOW LONG WE, SAME PROCESS, ANYTHING HAVING TO DO WITH MONEY HAS TO GO THROUGH THAT SAME PROCESS. IT SOUNDS TO ME LIKE THAT'S A, A DIFFERENT WORKING GROUP THAN THE ONE FOR THE RULES AND PROCEDURES, RIGHT? YEAH. THAT'S SORT OF A DIFFERENT YEAH. PROJECT. YEAH. SO ONE FOR APPEALS, ONE FOR, THERE USUALLY AREN'T A WHOLE LOT OF VOLUNTEERS. VOLUNTEERS THOUGH, BUT , YEAH. WELL THAT'S, IT'S GONNA TURN INTO ONE WORKING GROUP. THE WORST, SORRY, FRIENDS AT, YEAH. UH, I WAS JUST GONNA SUGGEST MAYBE, UH, BECAUSE THE IDEA OF WRITE A WORKING GROUP FOR ALL OF THE RULES AND PROCEDURES AND BYLAWS IS A MUCH BIGGER ASK FOR A GROUP OF PEOPLE THAN MAYBE PICKING A PRESSING THING WITHIN THAT SUBSET AND ASKING FOR PEOPLE TO LIKE KNOCK OUT ONE CHUNK AT A TIME. FAIR ENOUGH. [00:40:01] OKAY. SO UNDER ITEM 12, WE DO HAVE THE POSSIBLE ACTION, UH, REGARDING A WORKING GROUP. SO WE COULD CREATE A WORKING GROUP SPECIFICALLY TO ADDRESS, UH, APPEALS AND COMMUNICATION FROM STAFF. UH, MAYBE WE COULD LOOK INTO LIKE THE NUMBER OR, UH, OF APPEALS THAT ARE, YOU KNOW, HANDLED ADMINISTRATIVELY OR ARE DENIED OR NOT OF TIME. AND UH, WOULD ANYONE BE INTERESTED IN SERVING ON SUCH A WORK OF, UH, BOARD MEMBER BLOOM? YEAH, SORRY. UM, YEAH, SO WE ONLY REALLY HAD ONE MEETING OR THE PREWORK GROUP, UM, BUT WE DID TOUCH ON BOTH PROCEDURAL ISSUES AND THE ISSUE OF COSTS, UM, REGARDING THE COST. IN MY NOTES IT SAYS A ZONING INTERPRETATION DEAL IS $2,600. UM, BUT WE NOTED THAT, YOU KNOW, NOT ONLY IS THAT LIKE THAT'S IT, THAT'S THE FEE. THERE'S ALSO THIS IDEA THAT THERE MIGHT BE LIKE A KNOWLEDGE GAP AS WELL. LIKE IF YOU'RE ABLE TO AFFORD A PROFESSIONAL CONSULTANT TO ADVISE YOU CAN'T PAY THE FEE, THEN YOU'RE VERY LIKELY NOT GOING TO BE ABLE TO PAY FOR THAT CONSULTANT AS WELL. SO WE WERE STARTING TO GO IN THAT DIRECTION ON THE DISCUSSION. BUT THEN REGARDING PROCEDURES, IT WAS, UM, UH, THE BIG ISSUE THAT WE HAD TALKED ABOUT WAS JUST THE NOTIFICATION PERIOD. UM, SO IF THERE HAS BEEN A, A STAFF DECISION THAT SOMEBODY IN THE PUBLIC MIGHT HAVE AN INTEREST IN, HOW DO THEY EVEN FIND OUT ABOUT IT? UM, AND WE WEREN'T THAT SURE THAT, UM, THE PROCESS FOR PROVIDING THAT NOTIFICATION WAS COVERING ALL OF THE POTENTIALLY, YOU KNOW, AFFECTED PARTIES. I MEAN, I KNOW THERE'S A SPECIFIC DEF DEFINITION OF WHO GETS NOTIFICATION OF WHAT, BUT THAT, UM, THAT MIGHT NOT NECESSARILY APPLY IN SOME OF THESE CASES. AND IN OUR NOTES, WE'VE GOT A LIFE AUSTIN AMPHITHEATER AS AN EXAMPLE, UM, THAT, THAT THE NOBODY ELSE FOUND OUT ABOUT, YOU KNOW, THE DECISION OF BEYOND THE APPLICANT UNTIL THE 20 DAY PERIOD HAD EXPIRED. SO, SO I MEAN, I I WOULD SAY YOU COULD DIVIDE IT UP, BUT, UM, I THINK THEY'LL END UP OVERLAPPING ON THE DISCUSSION ANYWAY, JUST BECAUSE OF TRYING TO FIGURE OUT WHO THE EVOLVED PARTIES ARE AND, AND WHAT THEIR INTERESTS IN THE PROCESS ARE, BECAUSE THE, THE TWO ARE SORT OF OF INTERTWINED. UH, WE'RE GONNA RUN OVER EACH OTHER. UM, AND IF I MAY ADD MADAME CHAIR, WE'VE HAD THIS ITEM OF ACTION TO AMEND BAA RULES AND PROCEDURES AND BYLAWS ON THE AGENDA. AT LEAST ALMOST EVERY CYCLE, EVERY ELECTION CYCLE, EVERY, YOU KNOW, AND I AGREE WITH COMMISSIONER BENZA, IT DOESN'T, I, I'VE PERSONALLY MYSELF, THE, ALL THE YEARS BEING UP HERE, WE, WE'VE NEVER REALLY DONE LIKE A WHOLE BIG REVAMP. IT'S BEEN, THIS ITEM SORT OF CAME TO BE A PROBLEM. LET'S ADDRESS IT. THIS ITEM CAME TO BE A PROBLEM, LET'S ADDRESS IT. BECAUSE TO TRY TO TAKE ON THE, THE RULES AND PROCEDURES AND OR THE BYLAWS IS LIKE COMMISSIONER VAN SAID, THAT'S A BIG, BIG BITE. IF I COULD JUST CLARIFY THE WORDING IS, IS DELIBERATELY VAGUE TO GIVE US THE ROOM WE NEED TO BE ABLE TO USE IT OKAY. AS AN AGENDA ITEM TO WORK ON ANY TYPE OF, UH, BYLAW OR RULES AND PROCEDURES, UH, WORKING GROUP. SO IT WAS, I LEFT IT INTENTIONALLY VAGUE, BUT IT'S, IT'S NOT NECESSARILY MEANING ANY AND ALL ALL, OKAY. IT JUST GIVES US THE, THE TOOL WE NEED TO BE ABLE TO SAY, OKAY, WE'D LIKE TO START TO BE ABLE TO ADDRESS CERTAIN ISSUES THAT ARISE. RIGHT. OKAY. THAT SOUNDS GOOD. THAT'S WHY YOU'RE THE CHAIR . IT'S ALL ABOUT HOW THE PUBLIC READS IT. SO . OKAY, SO FOR TONIGHT, UH, I KNOW BOARD MEMBER SHERIFF STEIN SAID THAT, THAT SHE HAD AN INTEREST IN BEING IN A WORKING GROUP. IS THERE ANYONE ELSE AS FAR AS JUST, UH, THE, THE APPEAL AND THE NOTIFICATION PORTION AS, UH, AS IT WOULD BE PHRASED IN THE BYLAWS OR RULES OR PROCEDURES? WOULD ANYONE ELSE BE INTERESTED IN THE NETWORKING GROUP? OUR BOARD MEMBER BLOOM? DO YOU THINK IT WOULD BE BETTER TO WAIT TILL NEXT MONTH AND INTEGRATE THE TWO OF THESE TOGETHER SO THAT IT COULD TOUCH ON EVERYTHING AGAIN? I MEAN, I, AGAIN, LIKE I SAID, I FEEL LIKE THERE'RE GONNA BE A LOT OF OVERLAP, BUT I MEAN, THAT'S JUST THE DIRECTION HE AND OUR GROUP, OR EXCUSE ME, WORKING GROUP WAS GOING. UM, AND NEW WORKING GROUP MIGHT HAVE A COMPLETELY DIFFERENT IDEA THAT WOULD ALSO BE WORTH EXPLORING. SO, UM, YES, THAT'S NOT A VERY HOPEFUL ANSWER. SORRY, BUT [00:45:01] YEAH. WELL, IF THERE ARE NO OBJECTIONS, I'M GOING TO SUGGEST WE WAIT TILL NEXT MONTH SO THAT I CAN LANGUAGE IT PROPERLY ON THE AGENDA AND THEN WE CAN CREATE A WORKING GROUP THAT WILL TAKE BOTH OF THESE ITEMS AND ALLOW US TO PICK IT BACK UP AND START DISCUSSING IT AGAIN. IT'S WAITED, YOU KNOW, A BAZILLION YEARS. 2020. HOW LONG? 2022 IS WHEN THIS FIRST CAME UP, I THINK. WELL, THIS PARTICULAR ONE. YEAH, THIS, SO ANOTHER MONTH, THE BOARD, IT'S GOVERNMENT. IT'S NOT DESIGNED TO BE QUICK. SO I THINK WE'LL TABLE THIS TILL NEXT MONTH AND I'LL WORK ON THE LANGUAGE TO MAKE SURE WE CAN GET THAT WORKING GROUP DONE. UH, IF I'M NOT MISTAKEN, AND I'M NOT GOOD ON TIME, I'VE ALWAYS FIGURED TIME WAS A MAN-MADE CONSTRUCT IN ORDER TO KEEP THINGS IN A LINEAR FASHION. SO I'M NOT THAT, I'M SORRY, BAD MICHAEL, THAT I KNOW IT COUNTS, UH, CHE. BUT ANYHOW, UM, THE, UH, I'M NOT SURE HOW MANY YEARS AGO IT, IT WAS, BUT I DO KNOW THERE WAS A TIME THAT WE LITERALLY WENT THROUGH EVERYTHING ON THE, ON THE BOARD, THE RULES OF PROCEDURES AND THE BYLAWS. AND THAT WAS, UH, REALLY EXCITING. I HAVE SOME SUGGESTIONS I PLAN ON MAKING FOR THAT IN AUGUST. I'M, YEAH, SO I DON'T THINK, THINK WE NEED TO VISIT THE ENTIRE THING, BUT ADDRESS IT THE WAY COMMISSIONER BANZA BROUGHT IT UP. I THINK IT'S BETTER THAN WHAT WE DID BACK THEN. . YEAH, I, UH, I PROMISE I'M MORE LIKELY TO VOLUNTEER IF I KNOW WHAT THE, WHAT THE BITE IS, WE'LL NARROW IT DOWN A LITTLE BIT. THAT WORKS FOR ME. OKAY. LET'S MOVE ON TO [15. Discussion and possible action regarding Board vacancies] ITEM 15, DISCUSSION AND POSSIBLE ACTION REGARDING BOARD VACANCIES. I THINK WE'VE ALREADY KIND OF TOUCHED ON THAT ALREADY. UM, WE STILL NEED TO COME UP WITH SOME, THE LANGUAGE WE HAD ORIGINALLY PROPOSED AND VOTED ON WAS, UH, UH, OVERRULED BY LEGAL BECAUSE IT CONFLICTED WITH THE STATE CONSTITUTION. UM, OH, WE'RE TALKING ABOUT, WE'RE TALKING ABOUT, UH, VACANCIES. THE VACANCIES SO THAT WE COULD GET ALTERNATE. I'M HOP YOU ALREADY HAD TO SOLVED BY THE TIME I GOT . UM, NOPE. UH, I READ, UH, I LITERALLY WAITED AND SAID WE SHOULD WAIT UNTIL BOARD MEMBER OF AN OLAN GOT SIGNED. . I SAID THAT I READ THE, UH, EMAIL THAT WAS SENT FROM THE CLERK'S OFFICE AND ALL FROM ALSO FROM LEGAL. AND AFTER REVIEWING IT, I DON'T SEE A WAY BECAUSE IT CONFLICTS IT WITH, WITH, UH, CHARTER AND WITH, UH, WITH STATE LAW. I DON'T SEE A WAY AROUND JUST, WE JUST NEED TO BUCKLE UP AND ROLL WITH IT. UH, THE SAD THING ABOUT IT IS, IS WHAT IT DOES TO US AS FAR AS, YOU KNOW, TRYING TO MAKE QUORUMS AND TRY TRYING TO PASS VARIANCES. BUT I DON'T SEE REALLY A WAY AROUND AROUND IT BECAUSE EVEN, EVEN BY DOING WHAT WAS SUGGESTED TO ME AFTER DIGGING INTO A DEEPER AND FINDING OUT HOW WE CAN'T CONFLICT WITH STATE, STATE LAW, RIGHT? YEAH. I DIDN'T SEE ANY WAY WE COULD DO IT EITHER. SO WE'RE JUST GONNA HAVE TO MATRIX IT AND GO WITH IT, YOU KNOW? I MEAN, JUST ALWAYS STAY ON OUR, STAY ON OUR COUNCIL MEMBERS AND CONTINUE TO, I'M NOT GONNA USE THE WORD LOBBY, BUT CONTINUE TO CONTACT THEM TO, TO GET SOMEBODY APPOINTED. BUT IT ALL, IT DOES LEAD BACK TO HOW HARD IT IS FOR COUNCIL MEMBERS TO FIND PEOPLE TO WANNA SERVE. GIVING UP THEIR TIME AND TIME IS THE ONLY THING THAT YOU'VE GOT THAT, YOU KNOW, THAT'S YOUR MOST VALUABLE COMMODITY. YOU CAN'T GET IT BACK. SO, ESPECIALLY ON THIS BOARD. YES. WELL WE USED TO BE HERE TILL MIDNIGHT. I WAS SHARING WITH BRIAN AND THAT WAS ON A REGULAR BASIS. AND LIKE I SAID, I THINK AS WE START SEEING LAND DEVELOPMENT CODE CHANGES COMING THROUGH, WHICH, CUZ I KNOW THERE ARE A BUNCH IN THE PIPELINE, UH, THAT HAVE BEEN KIND OF REARING THEIR HEADS AT PLANNING COMMISSION. SO I THINK AS WE SEE MORE OF THESE, UH, WE'RE GONNA START SEEING MORE VARIANCE REQUESTS AND POSSIBLY EVEN MORE APPEALS OR OUR INTERPRETATIONS I GUESS TOO, AS IT, YOU KNOW, OF PEOPLE LIKE, WELL WHAT EXACTLY DOES THIS MEAN? AND WELL THAT'S, UH, I WAS HAVING A DISCUSSION EARLIER BEFORE THE MEETING. THAT'S HOW A LOT OF ZONING IS WRITTEN HERE NOW IS IT'S USUALLY DONE ON AN INTERPRETATION. WE MAKE AN INTERPRETATION THAT BECOMES CODE AND THAT WAS THE BIGGEST FEAR THAT WE HAD WITH CODEX THAT UH, IT WAS THE CONSULTANTS HAD PUSHED IT THROUGH SO FAST THAT THERE WAS GONNA BE A LOT OF INTERPRETATIONS. CUZ EVEN MYSELF READING IT, I COULD SEE WHERE, YOU KNOW, IF I PUT ON MY RESIDENTIAL HAT HAT LIKE A REG [00:50:01] RESIDENTIAL TAXPAYER, I CAN SEE IT ONE WAY AND IF I PUT ON MY GENERAL CONTRACTOR AND CONSTRUCTION HAT, I CAN SEE THAT IT COMPLETELY INTERPRETED, COMPLETELY DIFFERENT. I THINK WHEN YOU GUYS STEER THE CONVERSATION BACK TOWARDS THE VACANCIES THOUGH, BEFORE SOMEONE, WELL WE'RE JUST GONNA HAVE TO ROLL WITH IT. WE GOT A OLD MILITARY TERM, SUCK IT UP AND DRIVE ON. I MEAN THAT'S, I DON'T KNOW, I I, I TRIED TO RESEARCH AND DO SOME ADDITIONAL RESEARCH ON IT AND I JUST CAN'T SEE GETTING AROUND. I DID TOO, IF YOU WANNA PASS A BILL, I DID THAT THE 73 LETTER SESSION I DID I FOR IT, BUT IT'S A LONG HOLD OF ROAD. YOU'RE BUSY WITH A LOT OF OTHER STUFF AT THE CAPITOL. LET'S LEGISLATIVE SESSION. OKAY, UM, LET'S GO AHEAD AND MOVE ON THEN. OH, ONE MORE THING THOUGH. I THINK WE AMENDED OUR PROCEDURE, UH, THAT MEETING AND IT SOUNDS LIKE WE HAVE, IF WE'RE TALKING ABOUT CLEANING UP OUR PROCEDURE AND BYLAWS, IT SOUNDS LIKE WE HAVE SOMETHING HANGING OUT THERE THAT NEED NOT BE. IT IS INVALIDATED BY LEGAL. SO JU SO DO WE NEED TO ACTUALLY VOTE TO PULL THAT OFF NOW? THAT'S A GOOD QUESTION. I DON'T THINK WE DO, BUT IT'S LEGAL BECAUSE IT WAS ALWAYS SUPPOSED TO BE TEMPORARY. IT WAS LIKE A TEMPORARY AT ERIC LOPEZ, ASSISTANT CITY ATTORNEY. IT'S STILL YOU GRA YOU THE BOARD HAD VOTED TO AMEND THE BYLAWS SO THEY WOULD HAVE TO VOTE TO CHANGE THEM. MATTER TO RESCIND. MM-HMM. . SO I WILL MAKE A MOTION TO REMOVE THAT AMENDMENT FROM ONE SECOND. THE RULES OF PROCEDURE, UH, THE, OH, SORRY. AND I SHOULD PROBABLY SPECIFY WHAT MEETING WAS THAT DONE AT? THAT WAS ON THE MAY. APRIL. APRIL, CORRECT. YEAH. SO THAT WOULD'VE BEEN REMOVED. THE AMENDMENT VOTED ON, UH, THE APRIL 10TH, 2023 MEETING WHICH AMENDED THE RULES OF PROCEDURE TO ALLOW ALTERNATES TO SERVE EVEN IF THERE WAS A TRUE VACANCY. DO YOU WANNA HAVE A SECOND OF CHANGE? SO I THINK WE COULD DO THIS ONE BY A VOTE OF AFFIRMATION. ARE THERE ANY OBJECTIONS? SEEING NONE THAT PASSES AND WE'LL REMOVE THAT FROM THE RULES OF PROCEDURE. . IT WAS A NICE DANCE, BUT YOU DID SOME GREAT WORK ON IT MICHAEL, AND THANK YOU FOR THAT. WELL, NO GUTS, NO GLORY. YOU DON'T KNOW UNLESS YOU TRY. OKAY, . OKAY. AND THAT ACTUALLY ITEM 16, DISCUSSION, [16. Discussion and possible action to amend the BOA Rules of Procedure or Bylaws.] IMPOSSIBLE ACTION TO AMEND THE BOARD OF ADJUSTMENT RULES AND PROCEDURES AND BYLAWS. SO WE JUST DID THAT ALL IN ONE VOW. SWOOP CROSSED OFF. 16, UH, 17 [17. Discussion and possible action on lawsuits resulting from BOA determinations.] IS DISCUSSION AND POSSIBLE ACTION ON LAWSUITS RESULTING FROM BEYOND DETERMINATIONS. I WAS CURIOUS ABOUT THAT ONE. WHY DO WE HAVE THAT? BECAUSE I WANNA KNOW WHEN, SO YOU'RE ASKING YOU, UH, BECAUSE, AND I THINK IT WOULD MAKE US A BETTER, AND I ERICA SEE THIS IS YOU'RE GOING TO, IF WE KNOW WE'RE BEING SUED AND WE KNOW WHAT THE OUTCOME IS AND WE WERE WRONG, I WOULD LIKE TO KNOW. SO WE DON'T MAKE THAT SAME MISTAKE. ERICA'S GETTING, SO BASICALLY I KNOW ERICA BEFORE YOU GET STARTED MM-HMM. . SO BASICALLY BECAUSE WHERE I'M GOING AND WE HAVE A LOT OF SHARP LEGAL MINDS UP HERE ON THIS DIAS AND ALSO WITH MR. SMITH OUT THERE IN, IN LAND, UH, I DON'T KNOW IF WE CAN DISCUSS THAT IN PUBLIC BECAUSE THAT'S, WOULDN'T THAT PUT US IN A, AFTER THE CASE HAS BEEN TRIED OR HEARD BY THE JUDGE AND DECISION'S BEEN MADE THAT WE NEED TO NOTIFY US OF THE OUTCOME. LIKE, HEY, YOU GOT SUED AND YOU WON, OR HEY, YOU GOT SUED AND YOU LOST. I, I THINK THAT WOULD BE LEGAL, RIGHT? PUBLIC INFORMATION AT THAT POINT. ERICA LOPEZ, ASSISTANT CITY ATTORNEY, WE WOULD INFORM THE BOARD, UH, THE LAW DEPARTMENT WOULD INFORM THE BOARD IF THERE WAS A CASE THAT WAS, UM, IF THERE WAS A CASE FILED AGAINST ONE OF THE BOARD'S DECISIONS AND THEN WE WOULD PRE, IT WOULD DEPEND ON THE LITIGATION ITSELF, BUT WE WOULD, UM, BE IN CONTACT WITH THE BOARD, UM, DURING THAT PROCESS OF THE LITIGATION. OKAY. SO DO WE NEED TO WRITE THAT IN ANYWHERE OR CAN THAT JUST NO, THAT'S, THAT WOULD BE OUR, THAT OUR OF STANDING PROCEDURE THAT WE WOULD OKAY, COOL. BUT IF WE'RE ERICA, PLEASE BEFORE YOU SIT DOWN, BUT IF WE'RE GONNA USE THIS FOR A LEARNING TOOL, CUZ IT, THIS IS WHAT I'M HEARING, CORRECT ME IF I'M WRONG, THAT YOU WOULD LIKE TO KNOW WHAT, WHAT THE OUTCOME WAS SO THAT WE COULD LEARN FROM IT AND MAYBE ADDRESS, I MEAN, SO WE WOULDN'T NECESSARILY NEED TO BE KNOWN AS IT PROGRESSES AS MUCH AS AS IT FINISHES AND WHAT THE OUTCOME WAS RIGHT AFTER IT'S DONE. OKAY. YEAH, HOLD ON. YEAH, WE WOULD KEEP YOU INFORMED DURING THE PROCESS. I DON'T WANNA SPECULATE ON A FUTURE CASE. THERE ARE NO CASES BEF THAT ARE CHALLENGING THE BOARD'S DECISION. [00:55:01] UM, SO RIGHT AS OF NOW. SO WE WOULD JUST KEEP THE BOARD INFORMED. OKAY. THANK YOU. THAT WORKS FOR ME. EVERYONE OKAY WITH THAT? OKAY. UH, ITEM 18, FUTURE [18. Discussion of future agenda items, staff requests and potential special called meeting and/or workshop requests] AGENDA ITEMS, DISCUSSION, FUTURE AGENDA ITEMS, STAFF REQUESTS, SPECIAL CALL MEETINGS, WORKSHOP REQUESTS, ANYTHING, ANYONE LOOKING AT MY VIRTUAL MEMBERS? NO, NOTHING. WOW. IT IS, OH, BOARD MEMBER BLUE. WAIT, SORRY, I JUST WANNA SAY I CAN'T MAKE A JULY MEETING BUT MAYOR WATSON APPOINTED ANOTHER ALTERNATE. SO I THINK THIS IS MY LAST MEETING. I'M NOT SURE, I KNOW I'VE SAID THIS BEFORE, BUT I WANTED TO SAY IT AGAIN CUZ THERE'S NEW PEOPLE ON THE BOARD THAT, UM, I'M BEEN VERY PROUD OF THE WORK THAT THIS BOARD HAS DONE AND I'M, UM, LOOKING FORWARD TO SEEING IT CONTINUE THAT COULD WORK WITH THE, UM, MEMBERS WHO ARE STAYING IN WITH THE NEW MEMBERS. AND IF YOU NEED ME TO HELP OUT WITH A WORKING GROUP OR SOMETHING, JUST REACH OUT. I'M PERFECTLY FINE WITH THAT. UM, I MEAN OBVIOUSLY IF YOU CAN'T FILL IT WITH OTHER BOARD MEMBERS, SO YEAH, THAT'S IT. I'M GOING TO HOPE THIS ISN'T YOUR LAST MEETING, BUT IF IT IS AS UNFORTUNATE AS THAT WOULD BE, I WANT YOU TO KNOW THAT IT HAS BEEN AN ABSOLUTE PLEASURE WORKING WITH YOU AND HAVING YOU ON THE BOARD. WELL, IT'S VERY KIND OF UNISON. UM, I'VE BEEN, I'VE BEEN VERY HAPPY WITH AND I HOPE YOU GET AN ALTERNATE TO DEDICATED, UH, SHOWING UP EVERY SINGLE MEETING. HAVE YOU THOUGHT OF APPLYING FOR THE OTHER VACANCIES? WE HAVE. I DON'T KNOW IF I CAN BECAUSE I'M TERMIN UH, SO I HAVE DOES TUR LIMIT APPLY TO ALTERNATES? I DON'T. LEGAL. YEAH, IT DOES. I ASKED ABOUT THAT. OH IT DOES? WELL YOU CAN'T, YOU CAN'T, YOU CAN'T DO SORT OF LIKE THE COUNCIL USED TO DO BACK IN THE DAY. THEY WOULD JUST RUN FOR ANOTHER SHEET IN A DIFFERENT DISTRICT. OH, . BUT IT WOULD STILL BE TERM LIMIT, BUT BUT THEY COULD ALWAYS SIGN A WAIVER. YEAH, I'D HAVE, LOOK AT THIS GUY OVER HERE AND HE'S BEEN HERE FOR LIKE 200 YEARS. . I'M GETTING LONG IN THE TOOTH. OH, I KNOW. DISTRICT IS PRETTY DESPERATE. HE'S SCARED TO NO PRESSURE OR NO DISTRICT COURT DISAPPOINTED YOUR DISTRICT COURT, RIGHT? YOU'RE NINE. NINE. SO IT'S FOUR THAT STILL AM BEFORE. ANYWAYS. OKAY, WELL THANK YOU VERY MUCH. BOARD MEMBER BLOOM. THANK YOU. HOPEFULLY WE SEE YOU NEXT TIME. IF NOT, THANK YOU. I I WOULD LIKE TO SAY SOMETHING TO KELLY. KELLY, I REALLY APPRECIATE YOUR TIME AND YOU ALWAYS BEING AVAILABLE TO ME WHEN I CALL YOU LAST MINUTE, LIKE YOU DON'T KNOW WHAT THAT MEANS TO ME. LOOKING FOR ALTERNATES, TRYING TO HAVE SOMEBODY FILL IN LIKE YOU MEAN THE WORLD TO ME WHEN I'M ABLE TO GET AHOLD OF YOU AND I KNOW YOU'RE GOING TO SAY YES. SO I REALLY, REALLY, REALLY TRULY APPRECIATE YOU. HAPPY UH, FUTURE AGENDA ITEM ANNOUNCEMENTS. PUT ANNOUNCEMENTS ON UH, RIGHT AFTER FUTURE AGENDA ITEMS SO THAT WE CAN DO STUFF LIKE THIS WITHOUT HAVING ANY TYPE OF CONFLICT. CUZ TECHNICALLY WE SHOULDN'T BE DISCUSSING IT RIGHT NOW I THINK CUZ IT WASN'T POSTED. BUT THANK YOU FOR YOUR SERVICE. IT IS 6:41 PM I CALL THIS MEETING WITH THE BOARD OF ADJUSTMENT ADJOURNED. THANK YOU EVERYONE. THANK YOU. FEW WRONG WHEN NOBODY I. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.