[00:00:03]
EVERYONE, IT IS 5:37 PM ON JULY 10TH, 2023.
[CALL TO ORDER]
THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER.I'LL GO AHEAD AND CALL THE ROLL.
I'LL JUST WAIT ON HER FOR NOW.
WELCOME BOARD MEMBER VALENTINE.
CONGRATULATIONS ON YOUR APPOINTMENT.
WE'RE GONNA GO OVER A COUPLE OF QUICK HOUSEKEEPING NOTES.
UH, FOR THOSE OF YOU HERE ON THE DS, PLEASE MAKE SURE YOU'VE SIGNED IN ON THE ATTENDANCE SHEET.
FOR THOSE OF YOU IN THE AUDIENCE, PLEASE TURN OFF YOUR CELL PHONES OR SET THEM TO VIBRATE AFTER YOUR CASE IS OVER.
UH, PLEASE TAKE YOUR DISCUSSION OUTSIDE TO THE LOBBY.
IF YOU HAVE QUESTIONS, YOU CAN CONTACT THE BOARD LIAISON LEE, UH, ELAINE TOMORROW.
LET'S SEE, UH, WHEN YOU'RE ADDRESSING THE BOARD, UH, SPEAK DIRECTLY TO THE BOARD MEMBERS.
IF THERE'S ANY OPPOSITION, DON'T SPEAK TO EACH OTHER.
IF YOU DID NOT GET YOUR PARKING VALIDATED.
UH, COME UP HERE TO THE FRONT.
THEY'LL GIVE YOU A LITTLE, I ALREADY LOST MINE.
THEY'LL GIVE YOU A LITTLE STICKER, UH, WHICH HAS A BARCODE ON IT.
YOU TAKE YOUR TICKET, WHICH YOU HAVE ALREADY, SCAN IT ON YOUR WAY OUT, AND THEN SCAN THE LITTLE BARCODE WE GIVE YOU TO, AND IT'LL JUST OPEN AND LET YOU OUT FOR FREE.
EVERYONE WHO IS GOING TO BE GIVING TEST TESTIMONY TONIGHT, IF I COULD GET YOU TO PLEASE STAND, I'M GOING TO HAVE YOU TAKE YOUR OATH OF AFFIRMATION.
DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? OKAY.
UH, NOTE TO BOARD MEMBERS, BECAUSE WE DO HAVE A FULL DS TONIGHT, WHICH I'M VERY HAPPY TO SEE.
UH, FOR THE QUORUMS SAKE, JUST A REMINDER, IF YOU DO HAVE A QUESTION, PLEASE RAISE YOUR HAND AND WAIT TO BE CALLED ON.
UH, I WANNA MAKE SURE WE DON'T LOSE OUR VIRTUAL MEMBERS TONIGHT.
IT'S FIRST TIME SINCE THE PANDEMIC WHERE WE'VE HAD MORE PEOPLE IN PERSON THAN VIRTUAL.
WELL, IF YOU'RE INTO THIS KIND OF WONKY STUFF.
OKAY, SO LET'S MOVE ON TO PUBLIC COMMUNICATION.
DIANA, IS THERE ANY PUBLIC COMMUNICATION? NOPE.
[APPROVAL OF MINUTES]
APPROVAL OF THE MINUTES FROM THE BOARD OF ADJUSTMENT MEETING ON JUNE 12TH, 2023.BEFORE WE DO ANYTHING, I'D LIKE TO ADDRESS THAT BOARD MEMBER HAWTHORNE, SORRY.
VICE CHAIR HAWTHORNE HAS JOINED US ON THE NESS.
I GUESS I'LL THROW OUT A MOTION.
I MAKE A MOTION TO APPROVE THE MINUTES.
SECONDED BY MICHAEL VAN NOLAN.
ANY DISCUSSION? ALL RIGHT, LET'S TAKE THE VOTE.
DONNIE? UH, DO YOU PREFER MARGARET OR MAGGIE? CUZ I'VE SEEN IT WRITTEN BOTH WAYS NOW.
[00:05:01]
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 POSTPONEMENTS OR WITHDRAWALS.I DON'T BELIEVE WE HAVE ANY POST POSTPONEMENTS OR WITHDRAWALS.
[3. C15-2023-0023 Richard Mathias for Tom Blank 1205 Bickler Road ]
THREE.RICHARD MATHIAS FOR TOM BLANK.
IF I COULD GET YOU TO COME UP TO THE PODIUM, STATE YOUR NAME FOR THE RECORD.
WE'LL PULL UP YOUR PRESENTATION, AND THEN YOU'LL HAVE FIVE MINUTES TO SPEAK.
GOOD EVENING, MADAM CHAIR AND BOARD MEMBERS.
MY NAME IS RICHARD MATHIAS, AND I REPRESENT THE OWNER AND APPLICANT IN THIS, UM, SIDE YARD VARIANCE REQUEST.
I'M WAITING FOR MY PRESENTATION.
AND I'M ASSUMING YOU'LL JUST, I I PROMPT YOU.
YOU CAN GO AHEAD AND GO TO THE NEXT SLIDE.
UH, BOARD MEMBERS, THIS IS A SURVEY SHOWING THE VARIOUS DETAILS O OF THIS APPLICATION.
THE, THE PROPERTY OUTLINED IN GREEN IS A SUBJECT PROPERTY.
UM, THE PROPERTY TO THE NORTH ADJOIN, WHICH WOULD BE PLANNED TOP OUTLINED IN BLUE, IS THE ADJOINING PROPERTY OWNER.
UM, NEXT TO THE SUBJECT PROPERTY, YOU'LL NOTICE A HIGHLIGHTED WORD THERE IN A RED BOX STATED RESERVE.
THAT'S A 14 FOOT, 14 AND A HALF FOOT STRIP THAT WHEN THIS SUBDIVISION WAS DONE MANY, MANY YEARS AGO, THAT STRIP WAS SIMPLY LEFT UNPLATTED.
WE DON'T EVEN KNOW WHO OWNS IT.
IT'S NOT OWNED BY THE CITY OF AUSTIN.
NONETHELESS, AND I SPOKE TO SOME OF THE NEIGHBORS THERE, PARTICULARLY GEORGE WINTERS, WHO OWNS THE PROPERTY OF ADJOIN US TO THE NORTH, UH, OUTLINED IN BLUE, HE SAID, YEAH, IT'S ALWAYS BEEN THAT WAY AND PEOPLE JUST WALK DOWN IT AND GO TO THE CREEK.
BUT ANYWAY, I'M POINTING IT OUT BECAUSE IT'S ONE OF THE UNIQUE CHARACTERISTICS OF THIS APPLICATION IN THAT WE DON'T HAVE AN ADJOINING PROPERTY OWNER OR AN ADJOINING PROPERTY THAT COULD EVER BE DEVELOPED.
UH, ON THAT SIDE, WHICH IS WHERE WE'RE ASKING FOR THE VARIANCE, UM, THE CROSS HATCHED AREA IS THE PROPOSED CARPORT.
WE ARE ASKING THAT THAT CARPORT BE PLACED BETWEEN THE BUILDING AND THE, UM, NORTH PROPERTY LINE, WHICH IS HALF OF IT, FIVE FEET IS A SIDE YARD SETBACK.
UM, THE, YOU CAN SEE THERE'S A 60 INCH HERITAGE TREE, WHICH PREVENTS US FROM MOVING THE BUILDING, THE MAIN BUILDING, NOT THAT WE'D WANT TO, BUT IF WE HAD THAT OPTION, WE, WE CERTAINLY COULD CONSIDER IT.
BUT THEN THERE'S A 22 INCH PROTECTED TREE SHOWN IN THE BACK.
UM, THERE'S A LOT OF FLAT WORK BEHIND THE HOUSE.
THERE'S AN ACCESSORY BUILDING ALONG THE REAR OF THE PROPERTY.
UM, AND THAT'S A REAL NICE COURTYARD AREA BACKYARD.
AND WE WITH A LARGE PROTECTED TREE THERE IN THE MIDDLE OF IT.
UM, THAT'S THEN YOU CAN SEE, UH, UH, ADJOINING US TO THE NORTH ON THE, UH, GEORGE WINTER'S PROPERTY, UH, THERE IS A ENCLOSED GARAGE, WHICH SITS ON HIS PROPERTY LINE.
THAT'S HIS REAR PROPERTY LINE.
BY THE WAY, THAT SHOULD BE A 10 YEARS, A 10 YEAR, 10 FOOT REAR SETBACK.
UH, THAT'S AN EXISTING STRUCTURE, FULLY ENCLOSED SITTING ON THE PROPERTY LINE.
UH, THE PROPERTY TO THE SOUTH OF US, AS YOU CAN SEE, IS CERTAINLY WELL WITHIN THE SETBACK AREA.
SO THAT JUST GIVES YOU A SENSE OF THE SUBJECT PROPERTY AND WHAT'S AROUND IT.
THIS IS IN A GRAPHIC THAT I PUT TOGETHER, UM, RUNNING FROM ACADEMY DRIVE TO, I FORGET THE STREET ON THE SOUTH THERE, BUT ALL THE, THE SUBJECT PROPERTIES IN YELLOW.
ALL THE RED BUILDINGS ARE ALL BUILDINGS THAT ARE NON COMPLYING OR NONCONFORMING, I SHOULD SAY, IN THAT THEY
[00:10:01]
VIOLATE THE BUILDING SETBACKS EITHER SIDE YARDS OR REAR YARDS.SO THIS IS NOTHING, UM, IT'S, IT'S PRETTY TYPICAL OF THE NEIGHBORHOOD.
THIS IS JUST A KEY MAP, AND I'M ASSUMING YOU HAVE THIS IN YOUR BACKUP MATERIAL.
THIS IS A KEY MAP, WHICH IF YOU GO TO THE NEXT, INDICATES THE PHOTOGRAPHS THAT I NUMBERED JUST TO SHOW YOU PHYSICALLY RATHER THAN JUST GRAPHICALLY.
AGAIN, I'M NOT GONNA GO THROUGH ALL OF THESE.
YOU CAN SEE HERE IS THE, UH, ADJOINING PROPERTY OWNER TO THE NORTH WHERE HIS PARKING, UH, HIS, HIS GARAGE IS ON THE PROPERTY LINE.
THAT AREA WHERE THAT DUMPSTER IS, IS THAT 14 FOOT RESERVE TRACK.
AGAIN, YOU CAN SEE THE ADJOINING PROPERTY TO THE SOUTH OF US BUILT ON THE PROPERTY LINE, ESSENTIALLY.
UH, MOST OF THE STRUCTURES ARE, THEY'RE EITHER LIVING STRUCTURES WITHIN THE SETBACKS OR THEY'RE FULLY ENCLOSED GARAGES.
THEY'RE EITHER ON THE REAR SETBACKS OR THEY'RE ON THE SIDE SETBACKS.
THAT ONE'S NOT ON THE PROPERTY, BUT TWO OR THREE FEET OFF OF IT.
AND I'M JUST, YOU CAN SEE THE GARAGE IN THE BACK THERE.
THAT'S ON THE PROPERTY LINE, THE SIDE YARD.
AND I'M NOT, AND YOU CAN JUST CONTINUE.
THIS IS JUST TO GIVE YOU A SENSE VISUALLY THAT THERE ARE A NUMBER OF NON-CON, NON-CONFORMING, UM, USES THERE THAT ARE NO DIFFERENT THAN WHAT WE'RE TRYING TO ACCOMPLISH HERE.
UM, IF YOU COULD JUST WRAP IT UP IN LIKE ONE SENTENCE, PLEASE.
YEAH, I WAS JUST GONNA, I'M JUST GONNA SAY, I THINK IT'S, IT'S CLEAR THAT, THAT THE REASONABLE USE OF THE PROPERTY, THE ZONING AND THE HISTORIC LANDMARK COMMISSION WON'T LET US PUT THE PARKING IN FRONT OF THE BUILDING.
IT EITHER NEEDS TO BE IN THE REAR OR ON THE SIDE.
IT MEANS IT'S NOT QUITE AS BAD OR BULKY AS A STRUCTURED, UM, UM, A BUILDING.
BUT THE PLACEMENT OF THE BUILDING, UM, THE EXISTING BUILDING SITE IMPROVEMENTS, THE PROTECTED INHERITANCE TREES DO NOT PROVIDE THE ROOM NECESSARY FOR PLACEMENT IN THE REAR YARD.
THAT'S THE LONG AND SHORT OF IT.
I'D BE HAPPY TO ANSWER ANY QUESTIONS.
IS THERE ANY OPPOSITION? OKAY, LET'S CLOSE THE PUBLIC HEARING.
I SAW BOARD MEMBER VON OLEN FIRST.
I, I'VE LOOKED AT YOUR, EVERYTHING THAT YOU'VE GOT IS REASONABLE.
BASICALLY WHAT I'VE SEEN, AND I'VE SEEN THE LETTERS THAT YOU HAVE OF SUPPORT IN YOUR PACKET.
BUT ALL THE LETTERS OF SUPPORT MANSION, RENDERINGS AND CARPORT PLANS THAT THEY HAVE SEEN THAT THEY'RE IN APPROVAL OF.
BUT WE DON'T HAVE ANY GRANDS IN OUR PACKET.
DO YOU HAVE ANY WITH YOU OR, I, I APOLOGIZE.
IT NEVER DAWNED ON ME TO PROVIDE YOU THAT.
SO CAN YOU DESCRIBE THE, I IT'S NOT A, IT'S NOT AN UNREASONABLE TO ASK AND CONSIDERING YOU THAT YOU HAD THAT PROPERTY NEXT TO ME, AND I DON'T KNOW HOW EVERYBODY ELSE FEELS, BUT I, I I CAN SUPPORT THIS.
I'M HAVING A HARD TIME HEARING YOU, SIR.
I DON'T HAVE A, I DON'T HAVE AN ISSUE WITH IT MYSELF.
I CAN SUPPORT IT BECAUSE OF THAT EMPTY LOT THAT YOU HAVE NEXT DOOR.
THE QUESTION THAT I HAVE IS, WHAT'S THE CARPORT GONNA LOOK LIKE? YEAH, IT'S GONNA BE, UM, UM, A IT WON'T BE ATTACHED TO THE BUILDING, BUT IT'LL BE JUST AS, AS MINIMAL DISTANCE FROM THE BUILDING AS WE CAN, UH, WITH, UM, UM, POST SUPPORTS.
LET ME SAVE YOU, SAVE YOU A LITTLE BIT OF TIME.
IS IT GONNA BE OPEN ON THREE SIDES? YES.
IS THIS GONNA BE AN OVER THE TOP? YES.
WITH BASICALLY THE, THE POST OPEN THAT, THAT I CAN SUPPORT.
AND THE ONLY OTHER THING THAT I WOULD SUGGEST, EVEN THOUGH I KNOW THERE'S NOBODY ON THAT OTHER SIDE, IS MAYBE SOME GUTTERS ON THAT ONE SIDE, BECAUSE WE DO HAVE AN ISSUE ABOUT DUMPING WATER ON SOMEBODY ELSE'S PROPERTY.
YOU KNOW WHAT I'M SAYING? I UNDERSTAND.
UH, MADAM CHAIR, IF I'M FINE AND I'LL MAKE A MOTION TO APPROVE.
WE HAVE A MOTION TO APPROVE MADE BY BOARD MEMBER ON OLIN.
SECONDED BY VICE CHAIR HAWTHORNE.
UH, MORE DISCUSSION QUESTIONS.
STAN, WHAT'S THE CURRENT PARKING SITUATION? THEY'RE JUST PARKING OUT FRONT.
THEY'RE PARKING ON THE SIDE WHERE THE CARPORT WOULD GO.
AND THAT'S WHAT THEY'RE TRYING TO DO.
IS THERE A SLAB ALREADY THERE? I'M TAKING IT.
SO IT WOULD INCREASE IMPERVIOUS COVER.
DOES THAT AFFECT? UH, IT WILL NOT.
OTHER QUESTIONS? OR MEMBER SMITH OR EIGHTS? NO.
[00:15:01]
OKAY.I'M GONNA CALL THE VOTE REASON.
I REMEMBER HOFF, I JUST SAW THERE'S LIGHT BACKUP THAT I DIDN'T SEE.
IT WAS JUST, WHEN'S THAT LOOKING AT IT? OKAY.
THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR A REASONABLE USE BECAUSE THE NCCD ZONING REGULATION AND HISTORIC LANDMARK COMMISSION PROHIBITS THE PLACEMENT OF PARKING IN FRONT OF THE BUILDING.
THE ZONING REGULATIONS ALSO DO NOT ALLOW THE PLACEMENT OF A COVERED CARPORT WITHIN THE SIDE YARD SETBACK HARDSHIP.
THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT THE EXISTING BUILDING SITE IMPROVEMENTS AND PROTECTED TREE LOCATED ON THE LOT DOES NOT PROVIDE SPACE FOR THE CARPORT OUTSIDE OF THE SETBACK.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE THE EXISTING BUILDING, AGAIN, SIDE IMPROVEMENTS ARE PROTECTED.
ONE OF THE EXISTING BUILDINGS ON THE LOT WAS LEGALLY CONSTRUCTED WITHIN THE SIDE YARD SETBACK.
THERE IS ALSO A 14 FOOT STRIP OF LAND BETWEEN THE SUBJECT SIDE PROPERTY AND THE ADJOINING LOT REAR PROPERTY LINE THAT PROHIBITS DEVELOPMENT 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 A PROPERTY IS LOCATED BECAUSE OF THE 14 FOOT STRIP OF LAND BETWEEN THE SUBJECT TRACT AND THE ADJACENT PROPERTY.
AND THAT'S GONNA BE IT RIGHT THERE.
AGAIN, THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER BY OLIN.
SECONDED BY BOARD MEMBER HAWTHORNE.
YOUR VARIANCE HAS BEEN GRANTED.
[4. C15-2023-0025 Charles Dunigan for Paul Le 6506 Hergotz Lane]
BE ITEM FOUR C 15 20 23 0 2 5.IS MR. DUNNIGAN VIRTUAL DIANA OR ELAINE? YES.
WE CAN, WE HAVE YOUR PRESENTATION PULLED UP.
UH, WHEN YOU WANT TO ADVANCE FORWARD TO THE NEXT SLIDE, SIMPLY SAY NEXT SLIDE.
IF YOU'RE WATCHING, UH, VIA AT X N OR IF YOU'RE WATCHING ONLINE, THERE'S GOING TO BE A SLIGHT DELAY BETWEEN WHAT WE SEE AND WHAT YOU SEE.
BUT REST ASSURED THAT WHEN YOU SAY NEXT SLIDE, I'LL BE ENSURING THAT THE SLIDE MOVES FORWARD.
SO PLEASE STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES.
I AM REPRESENTING THE OWNER PAUL LEAF FOR THIS VARIANCE REQUEST FOR SIZE, LOT, SIZE AND WIDTH.
UM, I GUESS NEXT SLIDE AFTER THE ENTRY SLIDE.
UM, THIS SLIDE SHOWS THE EXISTING SURVEY OF THIS LOT.
IT'S A SMALL LOT DIRECTLY ADJACENT TO THE COLORADO RIVER, JUST SOUTH OF THE COLORADO RI RIVER.
UM, THIS NEXT SLIDE, THIS LOT RECEIVED A LAND STATUS DETERMINATION IN 2013.
UM, AN EXISTING HOME WAS ON THE LOT, UM, AND WHICH WAS BUILT IN 1920 AND, UH, WAS DEMOLISHED FOR MY, FOR MY CLIENT.
PAUL LEE PURCHASED THE PROPERTY.
UM, WE SUBMITTED PLANS TO BUILD A NEW, UM, SINGLE FAMILY HOME.
[00:20:01]
OF COMMENTS FOR BUILDING PERMIT, UM, WE WERE, IT WAS DETERMINED WE NEEDED A BOARD OF ADJUSTMENTS, LOT SIZE AND, UM, WITH VARIANCE.UM, WE HAD ATTORNEYS LOOK AT THE LOT AND TRY TO DETERMINE PLATTING DATE BECAUSE WAS PER SUBSTANDARD LOTS.
IF WE DETERMINED THE PLATTING DATE BEFORE 1946, UM, WE COULD, UH, RECEIVE AN EX EXEMPTION FOR THIS.
UM, AND THE TWO ATTORNEYS AND THE SURVEYOR BOTH COULD NOT ESTABLISH PLATTING, UM, DATE OR WHEN THE LOT WAS ESTABLISHED.
THEY FOUND SOME MAPS DATING BACK TO THE LATE 18 HUNDREDS THAT SHOWED ERGOTS, UH, ACTUALLY SHOWED A ROAD, BUT, UM, THE RIGHT OF WAY WAS NOT ACTUALLY ESTABLISHED UNTIL IN 1940S, WHICH BISECTED THIS LOT, WHICH CREATED THIS SUBSTANDARD LOT.
UM, AGAIN, THE BUILDING WAS BUILT IN THE 1920S.
UH, AND THEN, UH, ALSO THE, UM, SURVEYOR FOUND THAT, OR DETERMINED THAT WHEN THIS RIGHT OF WAY WAS ESTABLISHED, IT CREATED THIS, THIS NEW LOT ON THE NORTH SIDE, WHICH WAS, UM, THEN, THEN DEEMED SUBSTANDARD.
HOWEVER, THE SF THREE CODE WAS NOT ESTABLISHED AT THAT TIME.
AND SO ESSENTIALLY IT WAS A SMALLER LOT THAT THEN ONCE THE CODE WAS ESTABLISHED, DEEMED IT SUBSTANDARD FOR ANY FUTURE DEVELOPMENT.
UM, THERE, UH, ARE A FEW FACTORS THAT WE THINK, UM, WOULD, UH, ALLOW THIS VARIANCE TO BE APPROVED.
ONE IS THE EXISTING HOME ON THE LOT WAS BUILT IN 1920.
UM, AND THE ROADWAY THAT WAS, THAT WAS LEADING TO THIS, UM, WAS DEDICATED IN 1940.
THE RIGHT OF WAY WAS THUS DEEMING THIS SUBSTANDARD.
AND THE, UH, THE ZONING SF THREE WAS NOT ESTABLISHED UNTIL AFTER THIS LOT WAS, UM, WAS ESTABLISHED BY THE RIGHT OF WAY DEDICATION IN THE FORTIES.
UM, IT SEEMS LIKE THERE ARE SOME OTHER LOTS IN THE AREA THAT ARE SUBSTANDARD THAT MAY HAVE A SIMILAR, UH, HISTORY THAT HAVE SMALLER SUBSTANDARD LOT SIZES.
BUT, UM, WERE LIKELY ESTABLISHED BEFORE SF THREE ESTABLISHED THIS LOT SIZE, UH, PRECEDENT.
SO WITH THESE FACTORS, WE, UH, ASK FOR VARIANCE FOR LOT SIZE AND WIDTH.
IS THERE ANY OPPOSITION? LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.
OPEN DISCUSSION BOARD MEMBERS QUESTIONS.
DOES THE SMALLER SIZE OF THE LOT POSE ANY PARTICULAR ARCHITECTURAL CHALLENGES IN DESIGNING THE NEW BUILDING? IT DID.
HOWEVER, WE HAVE ALREADY RECEIVED A, WE, WE THINK THE RIGHT OF WAY.
THE OTTS LANE RIGHT OF WAY WAS ESTABLISHED AFTER, OBVIOUSLY THE BUILDINGS WERE BUILT ON THIS, UM, ON THESE, THE NORTH SIDE.
AND SO OUR SETBACKS WERE ALL, WE, WE'VE ALREADY COME BEFORE THE BO A, UM, TO ESTABLISH OR TO GET A BEARING BACK, CUZ THAT WAS, THE EXISTING SETBACK WAS ABOUT 10 FEET.
SO YEAH, IT, IT HAS REQUIRED US TO DESIGN A SMALLER FOOTPRINT.
AND SO THERE'S THIS, WE'RE WE'RE UNDER OUR F A R, ET CETERA, BUT THAT'S BECAUSE WE'RE JUST TRYING TO BUILD A SMALL SINGLE FAMILY HOME.
SO, SO MY QUESTION TO YOU IS, IF IF WE GRANT THIS VARIANCE, THEN THIS IS WILL BE THE ONLY VARIANCE THAT YOU THINK YOU'RE GONNA NEED, EVEN IF WE PUT A 0.4 F A R, UH, MAXIMUM AMOUNT.
I'LL MAKE A MOTION TO APPROVE.
I HAVE A MOTION TO APPROVE MADE BY BOARD MEMBER VAN NOLEN.
THAT'S BY VICE MADAM CHAIR, BUT THAT, THAT'S WITH A NO MORE THAN A 0.4 F A R.
WITH VICE CHAIR HAWTHORNE, UH, WITH THE CONDITION OF A 0.4 F A R.
MORE QUESTIONS? VIRTUAL MEMBERS.
[00:25:01]
Y'ALL GOOD? OKAY.IF FINDINGS REASONABLE, USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THE CITY REVIEWERS, EVEN THOUGH THE CITY REVIEWERS DEEMED THIS LOT SUBSTANDARD DUE TO THE LOT SIZE, AND BECAUSE THERE IS A RECORD OF THIS AND PLATTED, PRIOR TO 1946, IT WAS DIVIDED.
THE ORIGINAL LOT WAS DIVIDED WITH THE STREET RIGHT OF WAY AND RESULTING LOT DID NOT MEET THE CRITERIA FOR A SUBSTANDARD LOT OUTLINED IN 25,294.
THE HARDSHIP FOR WINDSHIELD VARIANCE IS REQUESTED, IS UNIQUE TO THE PROPERTY IN THAT THE ORIGINAL LARGER PROPERTY WHICH WAS DIVIDED BY THE CITY ROW AND THE LACK OF DOCUMENTATION OF THE LOT PLAING DOES NOT SHOW THE RECORD OF THIS RE REPLANT.
THE, THIS RESULTED IN A LOT THAT HAS CURRENT LAND DETERMINATION, STATUS OF LEGAL TRACT AND MEETS LOT SIZE REQUIREMENTS TO BE A SUBSTANDARD LOT PRE 1946, BUT IT DID NOT MEET THE CRITERIA OF 25 2 9 43 B.
THE HARDSHIP IS NOW GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE THE LAND STATUS AND PLOTTING OF NEAR PLOTTING OF NEARBY PROPERTIES IN THE GENERAL AREA VARIES.
AND THERE ARE HOMES BUILT ON THEIR PROPERTIES AREA CHARACTER.
THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATION OF THE ZONING DISTRICTS IN WHICH THE PROPERTY IS LOCATED.
BECAUSE THE ADJACENT PROPERTY IS UNDEVELOPED TO THE WEST SIDE AND A HOME IS ALL HAS BEEN DEMOLISHED ON THE ADJACENT PROPERTY TO THE EAST MADAM CHAIR.
AGAIN, THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER VON OLIN.
SECONDED BY VICE CHAIR HAWTHORNE.
AND THAT IS WITH THE 0.4 F A R? CORRECT.
WITH THE CONDITION OF 0.4 F A R? YES, MA'AM.
NEXT TO THE ITEM FIVE C 15, 20, 23 0, 0, 25.
CHARLES DUNNIGAN, OR WHOOPS, I AM READING THE WRONG THING.
[5. C15-2023-0026 Perry Hunt for Bilal Khan 15 Margranita Crescent]
C 15 20 23 0 0 2 6.MADAM CHAIR, THIS LIAISON, UH, BILAL WILL ACTUALLY BE PRESENTING THIS CASE AND SHE IS VIRTUAL.
WE'LL GET YOUR PRESENTATION PULLED UP.
PRESENTER, CAN YOU PLEASE UNMUTE YOURSELF? MR. CONNER, YOU'RE THERE? CAN YOU GUYS HEAR ME? AH, YES SIR.
UH, DID YOU HEAR MY LITTLE SPEECH BEFORE? UH, IF YOU'RE WATCHING ONLINE, THERE'LL BE A LIGHT, A SLIGHT DELAY WHEN WE ADVANCE THE SLIDES, BUT WE'LL, WE'LL BE RIGHT ON TRACK.
SO PLEASE STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES TO SPEAK.
AND MY FIRST LIGHT IS UP THERE BECAUSE I CAN'T SEE IT.
YOUR FIRST LIGHT IS MY NAME AND HOME ADDRESS.
WE'RE ON THE SLIDE THAT HAS YOUR NAME AND THE ADDRESS.
SO WHEN YOU'RE READY, GO AHEAD, STATE YOUR NAME AND YOU'LL HAVE FIVE MINUTES.
MY NAME IS BILAL KHAN AND I LIVE AT 15 MAR GRANITA CREPT.
I'M THE OWNER AND MY CASE NUMBER IS THERE ON THE FIRST SLIDE.
I AM REQUESTING, UH, VARIANCE REQUEST TO INCREASE THE FAR FROM 40% TO 42.6%.
[00:30:01]
UH, CURRENTLY I HAVE A CARPORT THAT I WOULD LIKE TO CHANGE INTO A CAR GARAGE.UH, WHEN THIS HOUSE WAS BUILT INITIALLY, UH, IT DID NOT HAVE ENOUGH CAR TO BUILD A GARAGE, THUS A CARPORT WAS BUILT.
HOWEVER, MY CARPORT KEEPS FLOODING AND WATER KEEPS PULLING UP IN THE CARPORT, CREATING A SAFETY ISSUE FOR ME AND MY FAMILY.
UH, DOES I NEED BOARD'S HELP? NEXT SLIDE, PLEASE.
UH, THE HARDSHIP EXISTS BECAUSE OF THE FLOODING ISSUE, AND IT'S NOT COMMON TO THE, UH, NEIGHBORHOOD.
UH, THUS I'M REQUESTING TO BE ABLE TO CHANGE CARPORT INTO A CAR GARAGE FROM FAR, UH, 40% TO FAR OF 42.31%.
UH, CURRENTLY THE CARPORT AND THE HOUSE LOOKS LIKE A TYPICAL HOUSE WITH A CARPORT.
THERE'S A GARAGE DOOR ON THE OUTSIDE.
ONCE WE FINISH IT, IT'S NOT GOING TO CHANGE ANYTHING ELSE.
UH, IT'S NOT GOING TO CHANGE ANY STRUCTURES OF THE NEARBY PROPERTIES OR ANY REGULATION OF THE ZONING DISTRICT.
UH, THE GROUND IMPACT IMPERVIOUS COVER, UH, NOTHING WILL BE INCREASED.
THE ROOF IS GOING TO STAY THE SAME.
THE PARKING, THERE'S NO ISSUE WITH THE PARKING, SO I'LL JUST MOVE ON.
AND THIS IS JUST, UH, AS A OWNER, UH, FOR THE LAST TWO YEARS.
EVERY TIME IT RAINS, MY CARPORT, FLOODS, AND THE WATER SITS ON IT CREATES A SAFETY ISSUE FOR MY YOUNG CHILDREN WHO HAVE ACTUALLY SLIPPED A COUPLE TIMES.
AND ME BEING A CRITICAL CARE PHYSICIAN, I'VE SEEN THE WORST OF THE WORST.
UH, THE WAY OF THE ANGLE IS THAT IT FACES TOWARDS THE HOUSE.
SO WHEN IT RAINS, THE WATER GOES AND HITS THE WALL OF THE HOUSE.
ONCE WE'VE DISCOVERED THIS ISSUE, WE ACTUALLY HAD TO OPEN THE BOTTOM WOOD OF THE HOUSE AND THE SHINGLES AND DRY THE WALL OUT FOR A FEW WEEKS.
WE THEN HAD TO PUT NEW WOOD AND SHINGLES AND REPAINT THE HOUSE.
WE HAVE ACTUALLY DONE THIS COUPLE OF TIMES SO FAR.
UH, THE ANGLE OF THE DRIVE IS NOT ENOUGH TO PUT NEW DRAIN ON THE CAR PORT.
WE HAD AN ENGINEER COME LOOK AT IT AND HE MENTIONED THAT YOU CANNOT DO IT.
UH, DOES THE WATER KEEPS DRAINING TOWARDS THE HOUSE.
UH, WE THEN PUT ACTUALLY A CEMENT ON TOP OF THE CARPORT TO FACE IT AWAY FROM THE HOUSE.
IT WORKED A FEW MONTHS, THEN IT START CRACKING BECAUSE OF THE WEIGHT OF THE CARS AND IT START HAVING POPPING AREAS AND, AND, AND POTHOLES AND THE WATER STILL START GOING TOWARDS THE HOUSE.
THUS, WE HAD TO BREAK THIS WHOLE THING APART.
THEN WE HAD ANOTHER CONTRACTOR CAME TO THE HOUSE TO PUT THE BLINDS KIND OF SCREAMED.
HOWEVER, WHEN IT GETS WINDY, IT FORMS LIKE A WIND TUNNEL AND, UH, WATER.
WHEN IT'S THUNDERSTORMING, IT COMES AROUND IT AND BELOW IT THAT THE CAR, UH, PORT, FLOODS IN AND DEFEATED THE PURPOSE.
CURRENTLY, THE HOUSE HAS TEMPORARY SCREENINGS, HIT ALL AROUND THE CARDBOARD, AND IT, EVERY TIME IT RAINS, I TRY TO GET HOME QUICKLY.
I SWEEP THE WATER OUT OF MY CARPORT SO IT DOESN'T, UH, HURT MY WALLS.
CURRENTLY, THE CARDBOARD HAS TWO OPEN SIDE.
IT ALREADY HAS LIGHTING GARAGE DOOR, EVERYTHING IS INSTALLED.
UH, WE DO NOT NEED ANY MORE CONCRETE AREA OR ANY MORE ROOFING.
UH, WE WE'RE NOT GONNA CHANGE ANYTHING THAT'S GONNA AFFECT THE HOUSE OR THE NEIGHBORS.
UH, WE HAVE WASTED AROUND $10,000 SO FAR DOING ALL THIS STUFF WITHOUT A GOOD RESULT.
SO WHAT I'M REQUESTING THE BOARD IS TO CREATE JUST A LITTLE BIT MORE SAFE ENVIRONMENT FOR ME AND MY THREE CHILDREN AND HAVE A SOLUTION FOR MY HARDSHIP, WHICH IS UNIQUE TO MY SITUATION AS I'VE TRIED OTHER WAYS AND I'VE FAILED TO SOLVE THIS ISSUE.
AND I'M TRYING TO FIND A WAY BY PUTTING TWO WALLS WITH TWO WINDOWS ON THE SIDE, ONE WINDOW ON THE BACK WITH A DOOR.
SO IT'S A PERMANENT SOLUTION AND THE WATER DOES NOT COME INSIDE THE CURRENT CARPORT.
AND SO I CAN JUST FIX IT ONCE AND FOR ALL.
UH, THUS I'M REQUESTING THE BOARD'S APPROVAL SO WE CAN JUST SOLVE THIS ISSUE AND, AND BE DONE WITH THIS.
AND, AND THE PICTURES ARE ALL ATTACHED.
ON THE OTHER PART TOO, WITH THE ADDENDUM, UH, IT SHOWS THE PICTURES OF THE HOUSE, THE CARPORT, ALL THE FLOODING PICTURES I HAVE.
UH, JUST I'VE TAKEN THESE PICTURES OVER THE LAST COUPLE YEARS SO YOU CAN ACTUALLY SEE HOW MUCH DAMAGE IT HAS DONE AND ALL THE STUFF YOU HAVE GONE THROUGH REPAIRED.
IS THERE ANY OPPOSITION? PLEASE COME TO THE PODIUM.
STATE YOUR NAME FOR THE RECORD
[00:35:01]
AND YOU'LL HAVE FIVE MINUTES.UH, GOOD EVENING, MADAM CHAIR.
I'M HERE REPRESENTING THE WEST AUSTIN NEIGHBORHOOD GROUP THIS EVENING.
UH, MY ORGANIZATION HAS VOTED TO OPPOSE THIS.
UM, OUR OPPOSITION IS BASICALLY ON, WE HAVE SYMPATHY FOR, FOR HIS PROBLEM, BUT OUR OPPOSITION'S BASED ON THE HARDSHIP.
WE DON'T REALLY SEE THAT FOR US.
WE DON'T, WE CAN'T QUITE SEE THE HARDSHIP WHEN THIS HOUSE WAS BUILT.
UH, AND THE, BY THE WAY, THE BUILDER IS THE APPLICANT IN THIS MATTER.
WHEN THIS HOUSE WAS BUILT, THEY MADE A DESIGN CHOICE TO PUT A CARPORT RATHER THAN THE GARAGE TO BUILD.
WE'RE NOT, WE'RE NOT AVE, IT'S HOW MANY SQUARE FEET CAN YOU BUILD? AND THAT'S WHAT THEY DECIDED TO DO.
A CARPORT, THEY COULD ONLY GET SO MUCH.
THEY COULDN'T GET, THEY, THEY RIGHT, RIGHT AT RIGHT AT 40%.
UH, CARPORTS ARE SUSCEPTIBLE TO WATER COMING INTO THEM.
IT, THE MAIN PROBLEM HERE, IT SEEMS TO US IS THE WAY THE CARPORT OR THE, THE FOUNDATION OR THE DRIVEWAY ITSELF WAS, WAS BUILT.
IT, WE DON'T UNDERSTAND WHY VARIANCE IS NECESSARY HERE.
WE THINK THAT, YOU KNOW, YOU CAN, THEY CAN MAYBE EITHER PUT A DRAIN ACROSS TO CATCH THE WATER BEFORE IT GOES INTO THE CARPORT.
YES, IT'S GONNA BE OPEN ON THE SIDE.
THEY CAN PUT A LITTLE STEM WALL THERE.
UH, I JUST, UH, TO US WE DON'T SEE IT.
THEY'RE PARTICULARLY A HARDSHIP.
WE THINK THESE ARE ALMOST LIKE SELF-IMPOSED.
AND I NOTICED IN, IN THE APPLICATION, THEY TALKED ABOUT THE, THE MCMANSION ORDINANCE BEING THE HARDSHIP.
AND THAT'S, I MEAN, ANYWAY, UH, AND THERE ARE SIMILAR SITUATED PROPERTIES ALONG THAT STRETCH OF, OF MARKITA CRESCENT.
UH, AND THEY DO HAVE, THEY HAVE CARPORTS THAT ARE OPEN ON THE SIDE.
AND WE DO THINK THIS WILL SET A PRECEDENT.
UH, AGAIN, WE'RE NOT, WE'RE SYMPATHETIC.
THIS IS OUR NEIGHBOR, BUT IT'S, I DON'T THINK THAT, UH, VARIANCE IS THE CORRECT WAY.
OUR PO POSITION IS THE VARIANCE IS NOT THE CORRECT WAY TO, TO ADDRESS THE PROBLEM.
THERE, THERE ARE WAYS I THINK THAT THERE COULD, CAN BE DONE.
AND, UH, THANK YOU FOR YOUR SERVICE TO THE COMMUNITY.
I WAS, I WAS ACTUALLY, I'VE SEEN SEVERAL OF YOUR MEMBERS BEEN HERE FOR DECADES.
I JUST CAME OFF THE HISTORIC LANDMARK COMMISSION AFTER EIGHT YEARS.
I KNOW THAT Y'ALL, UH, YOU MUST LIKE WHAT YOU'RE DOING.
MR. CON, YOU WILL HAVE TWO MINUTES FOR REBUTTAL.
UH, UH, THANK YOU FOR THAT INFORMATION AS WELL.
UH, TO, TO THE GENTLEMAN, UH, JUST SO THAT YOU KNOW, I MEAN, THIS IS GOING ON FOR TWO YEARS.
THIS IS NOT AN ISSUE THAT WE TRIED FOR A COUPLE MONTHS.
UH, YOU KNOW, IT TAKES WEEKS AND WEEKS OF TIME TO RIP THE WALL OUT, PUT A NEW WALL NEXT TO THE HOUSE.
IT TAKES TIME TO PUT A NEW CEMENT LEVEL ON THE CARDBOARD, MAKE SURE IT WORKS, WAIT FOR IT TO START BREAKING, THEN REMOVE IT.
AND THERE'S NO, THE, YOU'RE ABSOLUTELY RIGHT.
THE, IT'S THE LEVEL OF THE SLAB THAT'S NOT STRAIGHT.
UH, I, I DON'T HAVE ENOUGH MONEY OR I'M ABLE TO DO IT.
I HAVE LITERALLY TRIED AND TALKING TO ENGINEERS, FIGURING OUT WAYS AND, AND, AND TRIED VARIOUS WAYS FOR TWO YEARS.
AND I DON'T WANT MY KIDS FALLING ALL OVER.
I DON'T WANT MY HOUSE DESTROYED 20 YEARS FROM NOW.
UH, I'M A FULL-TIME MEMBER OF THIS COMMUNITY.
I'VE BEEN A PHYSICIAN FOR YEARS AND, AND THIS IS MY HOME.
AND I WANT TO COME TO A SAFE HOME WHERE MY KIDS ARE SAFE AND THEY'RE YOUNG AND I DON'T WANT THEM SLIPPING.
AND I HAVE TALKED TO ENGINEERS AND CONTRACTORS OVER THE TWO YEARS, AND THIS WAS THE LAST RESORT THAT WE CAME UP WITH.
THERE'S MANY HOUSE ON THAT STREET THAT HAVE CARPORTS AND CAR GARAGES.
AND, AND MY NEIGHBORS ARE BOTH IN AGREEMENT THAT I NEED TO DO THIS.
UH, SO IT'S NOT SOMETHING THAT WE HAVE NOT TRIED BEFORE OR, OR NOT TALKED TO OTHER PEOPLE OR CONTRACTORS OR ENGINEERS.
THERE'S JUST NO OTHER SOLUTION.
UH, IT IS NOT TO MAKE MY PROPERTY HAVE MORE VALUE OR ANYTHING.
THIS IS TRULY A, A LONG-TERM SOLUTION TO CREATE JUST ONE-TIME SOLUTION FOR ME.
SO I DON'T HAVE TO WORRY ABOUT THIS AND MAKE SURE MY KIDS ARE SAFE.
UH, WE'RE NOT INCREASING THE SLAB, WE'RE NOT INCREASING THE CEILING.
IT'S, IT'S GONNA LOOK EXACTLY THE SAME WAY IT LOOKS RIGHT
[00:40:01]
NOW.YOU'LL JUST HAVE ONE WALL ON THE SIDE WITH TWO WINDOWS, WHICH IS GONNA MATCH EXACTLY WITH THE HOUSE AND THE BACK ITSELF.
IT WILL NOT DISTURB THE COMMUNITY IN ANY WAY.
WE'RE GONNA GO AHEAD AND CLOSE THE PUBLIC HEARING.
MADAM CHAIR, I'M GONNA START WITH BOARD MEMBER VAN NOLAN.
HAVING BEEN A CONTRACTOR OWNING MY OWN COMPANY, DOING COMMERCIAL AND RESIDENTIAL FOR 28 YEARS BEFORE I RETIRED AND SWINGING A HAMMER ALL THE WAY BACK TO WHEN I WAS 16.
I CAN TELL YOU RIGHT NOW, LOOKING AT SECTION FIVE 15 AND SECTION FIVE 17, WHO, WHOEVER YOU HIRED TO PUT THAT FLOOR STONE IN THERE WOULD'VE NEVER WORKED FOR ME.
BUT THE WAY THAT THE QUALITY OF THAT WORK IS SO BAD.
AND NUMBER ONE, YOU CAN DON'T USE FLOOR STONE IN ORDER TO BUILD UP A SLAB.
YOU THAT YOU CAN USE A NON CHEW GOUT.
THERE'S OTHER ADHESIVES THAT YOU CAN USE THAT IT WILL NOT CRACK THAT YOU MIX WITH YOUR, YOUR CONCRETE IN ORDER TO DO IT.
THE OTHER THING IS, IS IT NEEDS TO BE ONE INCH TO TWO INCHES IN ORDER FOR IT TO BOND TO THE EXISTING CONCRETE.
THE CONCRETE UNDERNEATH IT NEEDS TO BE SCARIFIED SO THAT IT CAN ADHERE.
AND THEY ALSO MAKE ADHESIONS THAT GO THROUGH IT.
SO BASED ON WHAT I'VE SEEN IN YOUR PICTURES, 5 22, 5 24, 5 23, 5 23 CLEARLY SHOWS THE SLAB IS SLOPING TOWARDS THE HOUSE.
AND, UH, THE BEST THING THAT I WOULD RECOMMEND, AND I CAN'T SUPPORT YOUR VARIANCE TO ENCLOSE IT FOR THAT REASON, BECAUSE I CAN SEE WHERE A PIECE OF FLASHING CAN GO.
WHERE UNDERNEATH YOU THE, UH, SIDING THAT YOU TORE OUT IN ONE OF YOUR, IN ONE OF YOUR PICTURES THERE, YOU'VE RUN A SOLID PIECE OF FLASHING ALL THE WAY DOWN THAT'S GONNA KEEP THE WATER FROM GOING INTO YOUR HOME.
YOU GET A GOOD QUALIFIED CONTRACTOR WHO KNOWS WHAT HE'S DOING, AND HE CAN BUILD UP THE CONCRETE USING THE PROPER TECHNIQUES, AND HE CAN SLOPE THAT AWAY FROM YOUR HOME.
AS FAR AS CLOSING IT IN, I DON'T, I DON'T SEE A, EXCUSE ME, I DON'T SEE A PROBLEM WITH YOUR SCREENING THE SIDE OR SOMETHING, OR EVEN PUT A LITTLE CURB WALL THERE.
BUT AS FAR AS ENCLOSING IT, YOU'VE ALREADY, YOU ALREADY TOOK AN EXEMPTION ON HIS PROPERTY.
UH, IT'S, UH, THAT WAS PART OF THE AGREEMENT.
UM, I MEAN, IT WOULD'VE PUSHED YOU OVER TO OVER THE 4.4 F A R AND I JUST CANNOT SUPPORT IT.
IT'S A SELF-CREATED HARDSHIP BY THE CONTRACTOR THAT BUILT THAT FOUNDATION.
AND EITHER YOU NEED TO TAKE IT UP WITH THEM OR YOU NEED TO JUST GO AHEAD AND PUT A PROPER CAP ON THERE AND HAVE IT DONE PROPERLY.
MADAM CHAIR, UH, I'LL LET EVERYBODY ELSE SPEAK, BUT I CANNOT SUPPORT THIS VICE CHAIR HAWTHORNE.
I'M JUST GONNA MAKE A MOTION FOR DENIAL.
AND I MEAN, THERE WAS AN, I MEAN, IT SAYS IN THE HARDSHIP, WE CHOSE THIS EXEMPTION AND WE MAXED IT OUT.
THEY'RE BASED ON DESIGN DECISIONS.
AND THESE, THIS IS COMPLETELY SOLVABLE.
I, I GUESS IT'S ALL IN WHO YOU GONNA CALL, YOU KNOW, TO, TO FIX A PROBLEM.
WHILE IT MAY SEEM DE MINIS, IF EVERYBODY ON THE STREET COMES IN TO ENCLOSE THEIR CARPORT AND HAS THE SAME PROBLEM, ARE YOU GONNA FEEL THAT IT'S DE MINIMUS WHEN YOU GET, YOU KNOW, THE ENTIRE WEST AUSTIN, UH, NEIGHBORHOOD GROUP WHERE, YOU KNOW, AND, AND YOU MAY FEEL DIFFERENTLY.
AND THAT'S ALL RIGHT WITH ME, BUT I'M MAKING A MOTION FOR DENIAL AND I'M PRETTY LIBERAL.
DO I HAVE A SECOND? DO SECOND.
IF YOU HADN'T SECONDED IT, I WOULD HAVE, BECAUSE WHAT I'M SEEING HERE IS A HOUSE THAT'S BEEN MAXED OUT ON ITS F A R AND I SEE PAVERS GOING UP TO THE GARAGE.
THIS IS, THIS IS ANOTHER CASE OF SOMETHING BUILT TO THE ABSOLUTE POSSIBLE MAXIMUM.
AND THEN THIS IS HOW WE LOOKING TO DO STUFF LATER ON, WHICH OVER THIS, HOW WE GO OVER AFFORDABLE HOUSING IS BECAUSE MCMANSION ISN'T TOUGH ENOUGH IN SOME CASES.
I MEAN, YOU MAX IT OUT BOARD MEMBER SHERIFF STA SO I, I PRETTY MUCH AGREE WITH WHAT Y'ALL ARE SAYING, AND I, I DO SYMPATHIZE WITH THE HOMEOWNER.
UM, BUT I ALSO SORT OF FEEL THAT, I MEAN, I'M GLAD THAT IT'S FIXABLE.
LIKE I'M GLAD TO HEAR WHAT YOU SAID THAT IT'S FIXABLE.
BUT I ALSO SORT OF FEEL THAT EVEN IF IT WEREN'T FIXABLE, IT'S STILL A PROBLEM THAT WAS CREATED BY THE BUILDER.
AND I DON'T THINK THAT OUR JOB IS TO BAIL OUT BUILDERS WHEN THEY BUILD POOR QUALITY COMMS. I, I WOULD ALSO SUPPORT A MOTION TO DENY BOARD MEMBER SMITH OR EIGHTHS.
DO Y'ALL HAVE QUESTIONS? YEAH, I HAVE A QUESTION.
UH, IT'S ACTUALLY A QUESTION FOR THE, UH, PERSON
[00:45:01]
WHO SPOKE IN OPPOSITION.UH, I WONDER IF YOU COULD COME BACK TO THE PODIUM.
I'M JUST WONDERING, I MEAN, UH, IT SOUNDS LIKE THERE'S A GENERAL CONSENSUS THIS COULD HAVE BEEN RESOLVED.
AND I'M JUST WONDERING, UH, DID Y'ALL APPROACH, DID THE NEIGHBORHOOD ATTEMPT TO HELP THIS GENTLEMAN SOLVE THIS PROBLEM? WE TALKED, I, I, WE, FIRST I KNEW ABOUT THIS VARIANCE WAS LAST FRIDAY.
UH, IT, AND IT SAID IT WAS BEING REIFIED.
UH, SO I DON'T, I DIDN'T GET THE ORIGINAL ONE.
I CHECKED THE, WE HAVE A POST OFFICE BOX.
I CHECK IT EVERY TWO OR THREE DAYS.
UH, THIS FIRST I KNEW ABOUT IT.
I DID REACH OUT TO THE APPLICANT, WHICH IS DAVID WEEKLY HOMES.
UH, AND THEY DID NOT CALL ME BACK.
UH, SO AT THAT POINT, MY NEIGHBORHOOD ASSOCIATION'S MEETING TONIGHT, UH, I ASKED MY BOARD, I I, I FORWARDED EVERYTHING THAT WAS PRESENTED, THE APPLICATION.
I MADE A RECOMMENDATION TO HIM THAT I, I WAS HAVING TROUBLE SEEING THE HARDSHIP.
SOME OF OUR BOARD MEMBERS ARE ARCHITECTS, OR AT LEAST ONE IS AN ARCHITECT.
AND HE AGREED WITH PRETTY MUCH AS MR. BON NOLAN SAID, THAT THESE ARE THINGS THAT AS THIS, UH, SHAW, UH, THAT THESE ARE, THESE ARE THINGS THAT A BUILDER CAN, COULD ADDRESS FOR THEM.
UH, AND WE, SO WE VOTED ELECTRONICALLY ON THIS.
UH, DOES THAT ANSWER YOUR QUESTION, SIR? AGAIN, I, I UNDERSTAND THE PROBLEM.
I JUST DON'T THINK BOARD, I DON'T THINK OF VARIANCE FROM THE BOARD OF ADJUSTMENT IS THE CORRECT, OR AT LEAST THAT'S OUR POSITION.
AND WE'RE NOT TRYING TO TELL YOU YOUR JOB, BUT, UH, NO, I, I'M, I THINK THERE'S A, THERE'S, UH, YEAH, I MEAN THERE IS A DIFFERENCE BETWEEN GETTING A VARIANCE AND WHETHER OR NOT IT'S JUSTIFIED AS A VARIANCE AND THE NEIGHBORHOOD HELPING THIS GENTLEMAN SOLVE THE PROBLEM IF HE NEEDS THE HELP OF THE NEIGHBORHOOD.
UH, THAT'S ALL I'M RAISING HERE.
SOUNDS LIKE HE'S PUT A LOT OF MONEY INTO THIS.
APPARENTLY IT'S A LOT OF MONEY DOWN THE DRAIN.
UM, BUT I REALLY WOULD LIKE, YOU KNOW, IN ADDITION TO OPPOSING, I'D LIKE TO HEAR THE NEIGHBORHOOD SAY, WELL, WE'RE GONNA DO WHAT WE CAN TO HELP THEM.
SO, CUZ I, YOU KNOW, I'VE HAD KIDS, I MEAN, A LOT OF US HAVE KIDS.
I UNDERSTAND, I UNDERSTAND THE CONCERN ABOUT KIDS FALLING, BUT THAT'S A DIFFERENT ISSUE THAN THE VARIANCE.
I JUST, I JUST WANNA MAKE THAT CLEAR FROM MY PER PERSPECTIVE.
UH, QUICK QUESTION FOR BOARD MEMBERS SINCE WE'VE GOT SOME NEW ONES.
IS ANYBODY HERE AN ARCHITECT, ANYBODY ON THE BOARD, AN ARCHITECT OR HAVE EXPERIENCE WITH RESIDENTIAL DESIGN? MAN? OH GEEZ, I GOT ONE SPACE LEFT.
I'M GONNA KEEP WORKING ON THAT.
UH, IT, IT WOULD BE INCREDIBLY HELPFUL TO HAVE, I MEAN, WE GET DRAINAGE, UH, WE GET A CIVIL ENGINEER AND ARCHITECT, CIVIL ENGINEER AND ARCHITECT DISTRICT.
I MEAN, I CAN TELL YOU WHAT'S BUILDABLE.
AND BASED ON YOUR EXPERIENCE, ARE THOSE, THOSE ARE THE ONLY DESIGN OPTIONS TO FIX IT? WELL, THAT'S IT.
I MEAN WE'VE DONE A LOT OF WORK, UH, WITH UH, THESE TYPE OF SITUATIONS.
ESPECIALLY WHEN WE DID ALL THE ENVIRONMENTAL WORK FOR AUSTIN ENERGY WHERE WE HAD TO USE MAKE CONTAINMENT AREAS AND WE HAD TO, WE HAD TO PUT CAPS ON, ON SLABS IN ORDER TO KEEP THE HAZARDOUS MATERIAL AND CONTAIN THEM, KEEP 'EM IN CONTAINMENT.
AND WE USE THAT PROCESS THAT I WAS JUST SAYING, I FEEL BAD THAT THE GUYS, I KNOW CONSTRUCTION IS EXPENSIVE RIGHT NOW AND I FEEL BAD THAT HE PAID $10,000 FOR THAT GARBAGE HE'S GOT THERE.
CUZ I, BECAUSE I CAN, THE WAY THAT LOOKS RIGHT THERE, IF MY MAN WOULD'VE DONE THAT, I'D HAVE FIRED HIM ON THE SPOT.
WE'VE CHIPPED IT UP AND WOULD'VE COME BACK AND DONE IT AGAIN.
BECAUSE JUST FOR THE, FROM THE QUALITY OF WORK THAT WAS DONE THERE IN OUR INDUSTRY CALLED S**T AND GET, AND THAT'S WHAT HAPPENED.
THAT'S, I DON'T KNOW HOW ELSE TO DESCRIBE IT.
THAT'S HOW BAD IT LOOKED TO ME.
I WAS APPALLED AT THE WORK AND I FEEL BAD, BAD FOR THE GENTLEMAN.
SEE, THIS IS WHY WE SIT TOGETHER OVER HERE.
THIS, WELL, IT WAS WORSE WHEN I WOULD COME RIGHT OFF THE FIELD AND I'D COME IN, BUT I'VE, I'VE HAD A COUPLE YEARS TO COME UP.
I MEAN, AND YOU KNOW, THERE'S OTHER WAYS, BUT YEAH, IT'S, THERE'S OTHER WAYS TO FIX IT.
YOU COULD PUT, UM, BUT A HOMEOWNER'S WARRANTY COVERS SOMETHING LIKE THIS.
MAYBE BASED ON OUR SUGGESTIONS, IT MAY COVER IF HE'S GOT A HOMEOWNER'S WARRANTY, HIS HOMEOWNER'S INSURANCE MAY EVEN COVER IT BECAUSE IT COULD CAUSE POTENTIAL DAMAGE.
I MEAN, BECAUSE I'M SYMPATHETIC.
IT DEPENDS ON WHERE THE WATER'S COMING FROM.
IF THE WATER'S COMING FROM THE ROOF ITSELF, YOU COULD PUT A GUTTER ON IT AND DIRECT THE WATER TO YOUR LANDSCAPE.
IF THE WATER'S COMING FROM THE BACKYARD, YOU COULD PUT A LANDSCAPE BURN UP.
I MEAN, YOU COULD PUT A LITTLE STEM WALL UP.
THERE'S SO MANY WAYS THAT YOU COULD FIX IT.
[00:50:01]
A DESIGN CHOICE YOU MADE AND NOW YOU JUST WANT, YOU KNOW, EVERYBODY ELSE TO SUCK IT UP.THERE WOULD BE, YOU'RE RUBBING OFF.
THE BEST ONE THOUGH, IS WHEN MICHAEL SAYS YOU CAN PAINT IT WHITE, BUT IT'S STILL A COW FOR ME.
WHEN HE SAYS THAT, THEN YOU KNOW, IT'S ABOUT TO GET REAL.
SO I GUESS, UM, THE ONE THING THAT I'M, I'M KIND OF MY ONE HESITATION ON LIKE JUST OUTRIGHT SAYING NO WOULD, RIGHT.
I I KNOW I, YEAH, JUST, UH, YOU JUST CUT OUT.
UM, I'M LIKE, I, I FEEL LIKE I'M MISSING SOME INFORMATION ABOUT LIKE HOW OLD THE HOUSE IS, LIKE WARRANTY, STUFF LIKE THAT BECAUSE I, ON, ON THE ONE HAND, LIKE I, I LIKE THE LAWYER AND ME IS LIKE, YEAH, GO AFTER YOUR BUILDER.
UH, BECAUSE THAT'S THE ISSUE A COUPLE OF YEARS, RIGHT? ISN'T THAT WHAT HE SAID? DOC? DR.
CONN, HOW OLD IS YOUR HOME? IS HE MUTED? OR IF YOU COULD ANSWER THE QUESTION MAINLY.
AND I'M SORRY, I DIDN'T KNOW THE NAME AND IT JUST GOT OF MY MIND.
THE, THE, THE PERMITS WERE PULLED IN 2017.
KHAN, I DON'T KNOW IF HE WAS THE FIRST OWNER, WHICH I THINK HE IS, THAT HE WAS 2019.
CUZ MY, MY THOUGHT PROCESS IS LIKE RIGHT, HOW OLD IS THE HOME? HOW LONG HAS HE HAD THE HOME? HOW LONG HAS THIS BEEN AN ISSUE? UM, AND, AND SORT OF WHAT ACTUALLY, LIKE ONE OF THE THINGS I'M SAYING IS I HEAR WHAT HE'S SAYING ABOUT WHAT HE'S DONE TO FIX IT.
BUT I FEEL LIKE THERE'S NOT A LOT OF EVIDENCE.
LIKE I DON'T SEE PICTURES OF THE CRACK CONCRETE OR THAT SORT OF THING.
UM, AND SO MY MORE CAUTIOUS SELF IS SORT OF INCLINED TO LIKE, CUZ IF WE DENY THEN HE CAN'T REALLY COME BACK AND ASK FOR THIS AGAIN.
UH, HE CAN ASK FOR RECONSIDERATION IF IT'S WITHIN SORT OF, WITHIN LIKE 10 DAYS.
SO I DON'T KNOW, MAYBE THIS IS OVERLY GENEROUS, BUT MY INCLINATION WOULD BE TO SAY LIKE, LOOK, CAN WE TABLE IT AND GIVE HIM SOME TIME TO ACTUALLY LOOK AT WHAT HIS OTHER OPTIONS ARE.
UM, SO IT'S NOT TOO, SO TABLE ITEMS HAVE TO BE HANDLED WITHIN THE SAME MEETING.
I, I MEAN, BECAUSE RIGHT NOW, JUST LOOKING AT THE ROOM, YOU DON'T HAVE THE VOTES FOR AN APPROVAL.
I, AND YEAH, AND I'M NOT INCLINED TO APPROVE, BUT ALSO I, LIKE, I, I COULD SEE A UNIVERSE WHERE, UH, HE GOES BACK AND LOOKS AND MAYBE HE DOESN'T HAVE RECOURSE AGAINST HIS BUILDER AND THAT SORT OF THING.
AND THEN HE'S KIND OF IN THIS BAD SPOT AND HE, HE DIDN'T LIKE RIGHT.
SO I AM WILLING TO BE OVERLY GENEROUS AND SECOND TO POSTPONING, IF THAT'S WHAT YOU WANT.
JUST, DO YOU, DO YOU THINK THE ANSWER WILL BE ANY DIFFERENT IN 30 OR 60 DAYS? IS THAT THE, THE TERM OF A, THE FULL TERM OF A POSTPONEMENT? YES.
UH, MR. KHAN, DO YOU, WHAT INFORMATION, DR.
KHAN, WHAT DO YOU THINK YOU CAN COME BACK WITH IN 60 DAYS? I CAN, I CAN TRY.
I, I, I DON'T KNOW THE RULES OF THE BOARD, BUT I, I DO HAVE COUPLE, UH, JUST MORE INFORMATION IF, IF YOU'RE WILLING TO HEAR.
BUT I, I DON'T KNOW HOW THIS WORKS.
NO, UNFORTUNATELY PUBLIC HEARING TO CLOSE.
SO WE, YOU CAN ONLY ANSWER QUESTIONS AT THIS TIME.
UH, YES, I, I I WILL TRY TO GIVE YOU GUYS MORE INFORMATION TO THE QUESTIONS THAT WERE RAISED AND, AND WE TALKED ABOUT THE SAME THINGS, UH, THAT YOU GUYS ARE SUGGESTING AND I CAN COME BACK WITH THOSE ANSWERS TO MAYBE TRY TO CHANGE BOTH MIND.
SO ARE YOU MAKING A MOTION? YEP.
I'M GONNA MAKE A SUBSTITUTE MOTION TO POSTPONE TO AUGUST OR SEPTEMBER.
LET'S GO SEPTEMBER AND THAT WOULD BE THE 11TH.
WHICH, UM, BOARD MEMBER SHERIFF SONYA, I'M JUST, UM, SO BOARD MEMBER OF ENZA, ARE YOU LOOKING FOR HIM TO GO AND FIND OUT IF HIS STATUTE OF LIMITATIONS HAS RUN? I THINK YEAH.
IS THAT WHAT YOU'RE TRYING TO FIGURE OUT? UM, YEAH, I, YEAH.
WHETHER THE STATUTE OF LIMITATIONS HAS RUN IN THE NIGHT, I THINK I WOULD WANNA SEE SORT OF WHAT ADDITIONAL, LIKE YOU SAY YOU CONSULTED WITH AN ENGINEER INSURANCE.
LIKE I, I WANNA SEE RECORD OF LIKE SORT OF WHY IS THIS, IS THIS THE ONLY SOLUTION? IT SOUNDS LIKE IT MIGHT NOT BE, BUT LIKE, UM, WHAT HAS LED YOU THERE? UH, CUZ I THINK IF THAT IS IN FACT THE CASE, I THINK WE WOULD NEED TO SEE SOME EVIDENCE OF THAT.
SO WE HAVE A, OH, SORRY, UH, BOARD MEMBER VALENTINE.
SO I SAID I WASN'T GONNA SAY ANYTHING YET, BUT I UH, DO ACTUALLY REALLY FEEL QUITE A BIT OF SYMPATHY, ESPECIALLY, UM, GIVEN THE FACT THAT, YOU KNOW, IT DOES RAIN SIDEWAYS SOMETIMES HERE IN TEXAS AND THERE I AGREE.
UH, IS IT, UH, MEMBER BENZA, IS THAT RIGHT? UM, THAT A LITTLE MORE TIME TO LOOK AT OTHER RECOURSES.
[00:55:01]
REALIZED THAT THE FAR IS, WAS MAXED OUT AT THE TIME, BUT BEING ABLE TO, UM, GIVE SOME MORE TIME MAY BE, UH, THE BEST COURSE OF ACTION HERE.UM, BECAUSE ALSO AGREEING WITH THE CONTRACTOR, UM, AND HIS EXPERTISE THAT, UM, THIS IS A CHALLENGE THAT I WOULD LIKE TO SEE THE HOMEOWNER, UM, YOU KNOW, BE ABLE TO RESOLVE IDEALLY, UH, WITHOUT A VARIANCE.
BUT I, I THINK THAT'S A FAIR SOLUTION.
BOARD MEMBER SHERIFF STA UM, BEFORE WE MOVE FORWARD WITH THE VOTES, UM, I JUST WANNA ASK THE APPLICANT, WHEN DID YOU DISCOVER THE PROBLEM? WAS IT RIGHT WHEN YOU MOVED IN OR WAS IT FARTHER DOWN THE LINE IF YOU COULD PINPOINT IT? UH, YES MA'AM.
IT WAS ABOUT TWO YEARS AFTER BUYING THE HOUSE.
SO THE WARRANTY FOR THE CONCRETE WAS STILL THERE, THUS THE HOME BUILDER IS HELPING ME WITH THIS.
AND YOU NOTIFIED THE HOME BUILDER AS SOON AS, UM, AS SOON AS YOU DISCOVERED THE PROBLEM? UH, YES.
UM, AND, AND WE HAVE TRIED ALL THE THINGS THAT YOU HAVE SAID, BUT YES, TWO YEARS AGO.
THIS, THIS IS JUST FOR YOU AND FOR POSTERITY, BUT ONE THING BUILDERS WILL OFTEN DO IS THEY'LL WORK WITH YOU BECAUSE THAT YOUR, YOUR STATUTE OF LIMITATIONS IS STILL TOLLING WHILE THEY WORK WITH YOU.
SO THEY'LL WORK WITH YOU, THEY'LL RUN OUT THE, THE CLOCK AND THEN YOU CAN'T SUE THEM ANYMORE.
AND ANYONE ELSE WHO OWNS A HOME, KEEP THAT IN MIND.
SO AGAIN, THIS IS A SUBSTITUTE MOTION TO POSTPONE TO SEPTEMBER 11TH MADE BY BOARD MEMBER SHERIFF STAI, SECONDED BY MYSELF.
IT WAS ACTUALLY, UH, MADE BY BOARD MEMBER VAN Z VAN ZANT.
I WAS JUST TESTING TO SEE IF Y'ALL WERE PAYING ATTENTION TO SEPTEMBER 11TH.
OKAY, LET'S GO AHEAD AND CALL THE VOTE AGAIN.
MOTION TO POSTPONE TO SEPTEMBER 11TH.
I'M NOT INCLINED TO, BUT IF THAT'S THE, YOU KNOW, THE MAJORITY, I, I JUST DON'T SEE, I MEAN, HE CAN ALWAYS SUBMIT FOR RECONSIDERATION WITHIN 10 DAYS IF HE HAS ADDITIONAL INFORMATION.
UM, I DO THINK THAT THERE'S A SOLUTION OUTSIDE OF THIS.
WHY DON'T YOU JUST COME BACK TO ME AND OKAY.
YOU KNOW, I WON'T, I WON'T TIP IT OVER, BUT I I'M NOT GOING TO, I'M NOT GONNA JUST JOIN THE HERD CUZ EVERYBODY'S ALL BRIAN PETTI I'LL JOIN THE HERD.
WHY? I SAID BY MICHAEL MARK, MAGGIE SHARE SUNNY, UH, YES.
I'M GONNA BE A YES ON THIS AND I, I, IT'S MY EXPECTATION THAT SINCE THE, UH, OPPOSING GROUP, UM, CUZ THEY JUST GOT WORD OF THIS, THAT THEY WILL HELP SINCE THEY HAVE SOME IDEAS, UH, HELP THE APPLICANT TO TRY TO FIGURE OUT A WAY SO THAT FRANKLY WE DON'T HAVE TO HEAR IT AGAIN.
BECAUSE THERE'S A SOLUTION THAT'S, THAT'S BEEN DEVELOPED AND, UH, UH, YOU KNOW, NEIGHBORS HELP NEIGHBORS.
SO YES, IT'S A YES FOR SURE ON THE POSTPONEMENT BOARD.
MAN, I DON'T WANT, I UNDERSTAND WHERE EVERYBODY'S COMING FROM.
I RESPECT EVERYBODY'S OPINION.
I EXPECT WHAT I, I RESPECT WHAT, WHAT THEY'RE TRYING TO ACCOMPLISH, BUT I DON'T REALLY SEE WHERE IT'S GONNA CHANGE ANYTHING.
UM, I DON'T WANT TO BE THE DICK OF THE GROUP AND SAY, DOC, I'M GOING TO VOTE NO.
BUT I CAN'T SUPPORT IT BECAUSE I CAN'T SEE, EVEN IF HE DOES, IF HE FINDS OUT HE'S GOT SOMETHING DONE OR IT'S SOME RECOURSE FROM INSURANCE OR FROM HIS, UH, UH, WARRANTY OR SOMETHING, HE WILL BE ABLE TO DO THAT.
AND, AND CLEARLY THE GENTLEMAN'S A DOCTOR.
I WOULD THINK HE WOULD'VE DONE IT.
SOMETIMES IT TAKES TENACITY WITH CONTRACTORS, AND THIS IS WHERE I'M GONNA THROW MY FORMER INDUSTRY RIGHT UNDER THE BUS CONTRACTORS WILL DO EXACTLY WHAT COMMISSIONER MAGGIE HAD STATED.
THEY'LL TRY TO OUT RUN, UH, RUN OUT THE CLOCK ON YOU AND YOU GOTTA REALLY STAY ON HIM REAL HARD AND YOU GOTTA, BUT YOU GOTTA BE PREPARED TO THROW THAT HAND GRENADE IF YOU HAVE TO.
I'M GONNA HAVE TO VOTE NO BECAUSE I JUST DON'T SEE WHERE IT'S GONNA CHANGE ANYTHING.
AND EITHER WAY HE GOES, HE'S GONNA HAVE TO, THE ONLY WAY TO FIX THAT SLAB
[01:00:01]
FOR THE REST OF THE MEMBERS.UH, AND I'VE ACTUALLY BEEN ON MY HANDS AND KNEES DOING THIS.
SO THE ONLY WAY TO REALLY FIX THAT SLAB IS TO CHIP UP THAT LITTLE, I CAN SEE WHERE THEY FEATHERED IT OUT AND IT'S TOO THIN.
IT THAT IS GONNA CRACK AND IT'S GONNA, IT'S GONNA SCARIFY, IT'S GONNA COME UP.
THE ONLY WAY TO FIX IT IS TO REALLY RUN A PIECE OF, OF FLASHING DOWN THE SIDE UNDERNEATH HIS SIDING.
FLASHING IS THE ALUMINUM THAT COMES OUT, KEEPS IT FROM GOING IN THE HOUSE AND CHIP IT DOWN SO THAT IT'S ROUGH.
USE A CONCRETE ADHESIVE, BUILD IT UP A MINIMUM OF AN INCH, TAPE IT OFF TO THE OTHER SIDE, AND THEN REALLY THAT'S THE ONLY OPTION HE'S REALLY GONNA HAVE IN CLOSING IT.
UH, I CAN'T, THERE'S NO WAY I CAN SUPPORT IT.
NOT WITH, UH, THE EXEMPTION ALREADY.
SO I'M GONNA HAVE TO BE A NO ON THIS ONE.
AND SUZANNE VALENTINE? I VOTE YES.
AND THEN BACK TO VICE CHAIR HAWTHORNE.
SO I, I DON'T THINK IT'S, I HAVE TO AGREE WITH MICHAEL THAT I DON'T THINK IT'S GONNA CHANGE.
UM, AND HE CAN SMITH RECONSIDERATION AND I HONESTLY, WHILE THE NEIGHBOR MAY HAVE AN IDEA, AND THEY, THEY OBVIOUSLY JUST GOT NOTIFIED ON FRIDAY BECAUSE THAT'S WHEN NOTICES GO OUT ON VARIANCES.
WHILE THEY MAY HAVE SOME IDEAS THAT THEY CAN OFFER, I DON'T SEE THAT THIS IS THEIR SOLUTION TO SOLVE.
UM, BUT, YOU KNOW, BEING NEIGHBORS, THEY CAN OFFER THEIR OPINION, BUT, YOU KNOW, THAT MIGHT COME DOWN TO A LIABILITY ISSUE FOR THEM AS WELL.
SO I, SORRY, I'VE HAD LIKE THE WORST COUGH, SO I'M, I'M PERHAPS NOT AS LIGHTHEARTED AS NORMAL, BUT UH, I'M GONNA SAY, UH, NO.
THE VOTE IS EIGHT FOUR TO AGAINST THE MOTION TO POSTPONE PASSES TILL SEPTEMBER 11TH, DR.
KHAN, I'M GOING TO SUGGEST THAT YOU REACH OUT TO MR. TALLETT OR THE WEST AUSTIN NEIGHBORHOOD GROUP.
THEY MAY HAVE SOME SUGGESTIONS FOR YOU, BUT IF NOT, WE'LL SEE YOU BACK ON SEPTEMBER 11TH.
THANK YOU SO MUCH FOR EVERYONE'S HELP.
AND I, I JUST TO SAY I DON'T REALLY SEE THAT THIS IS, IS THE NEIGHBORHOOD'S ISSUE.
BUT THEY MIGHT HAVE A GOOD IDEA.
I MEAN, THEY'RE REAL NICE PEOPLE AND THEY ARE, AND THEY'VE GOT A ARCHITECTS AND THEY HAVE LOVE THE RESOURCES.
FABULOUS ARCHITECT OVER THERE THAT HAPPENS TO BE ON THEIR BOARD THAT I ADMIRE GREATLY.
I'M SURE I WILL BE IN BIG TROUBLE FOR THAT.
[6. C15-2023-0027 JP Sullivan for Mayo C. Cuellar 1305 S 6th Street]
ON.TELL JOE I SAID HI,
JP SULLIVAN FOR MAYO C QUELLER.
1305 SOUTH SIXTH STREET IS MR. SULLIVAN VIRTUAL? YES.
MR. SULLIVAN, CAN YOU HEAR US? ARE YOU ON THE LINE? JP, CAN YOU UNMUTE YOURSELF? THAT WAS VERY KIND, VERY NICE WAY TO DO THAT.
I'M SURE YOU'VE DONE THIS BEFORE.
SORRY, HAD TO, SO I'M GETTING MYSELF.
UH, WE'RE ON YOUR FIRST SLIDE WHEN YOU'RE READY TO MOVE THE NEXT SLIDE SLIGHTLY.
THERE'LL BE A SLIGHT DELAY BETWEEN WHEN YOU SEE IT AND BETWEEN WHEN WE SEE IT, BUT FEEL FREE TO JUST KEEP MOVING.
PLEASE STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES.
UM, I'M REPRESENTING THE PROPERTY OWNER AT 1305 SOUTH SIXTH STREET.
WE ARE REQUESTING A VARIANCE FROM THE 50 FOOT RIGHT AWAY FRONTAGE REQUIREMENT FOR A SINGLE FAMILY LOT.
UM, WE ONLY HAVE 47 FEET OF FRONTAGE.
UH, THIS IS JUST A SITE LOCATION MAP.
IT'S IN THE GOLDEN CREEK NEIGHBORHOOD.
SONY MAP, SS THREE, ALL, ALL AROUND US.
FULLY DEVELOPED OLD NEIGHBORHOOD.
[01:05:01]
1894, SO, UH, PRETTY HISTORIC.UM, AND WHEN IT WAS PLATTED IT WAS ONLY 25, 25 FOOT WIDE LOTS.
UM, MOST OF THESE LOTS NOW HAVE BEEN KIND OF FRANKENSTEIN COMBINED.
A LOT OF THEM ARE JUST, UH, TWO LOTS BEING MARRIED TOGETHER.
OURS IS KIND OF UNIQUE WHERE THE ORIGINAL PROPERTY OWNER HAD, UM, ROUGHLY LIKE HALF THIS BLOCK AND THEN SOLD OFF PORTION.
SO, UM, THE CURRENT SITE IS ALL OF LOT 16, UM, A PORTION OF LOT 15 AND A PORTION OF BLOCK 17 AS WELL AS HALF OF THE ALLEY THAT USED TO BE, UM, BISECTING BLOCK 10.
UM, ALL OF HALF OF THE FRONTAGE OF THAT ALLEY WAS VACATED AND IS NOW PART OF OUR PROPERTY DUE TO THOSE, UM, ILLEGAL SUBDIVISION, SO TO SPEAK, WHERE THE ORIGINAL OWNER JUST DID A BOUNDARY LINE AGREEMENT WITH HIS NEIGHBORS TO GRANT THEM SOME OF HIS PROPERTY.
UM, OUR SITE CANNOT, UH, OBTAIN A LAND STATUS DETERMINATION OR EXEMPTION FROM PLATING.
UM, THE PLAN FOR THIS PROPERTY IS JUST, UM, TO DEMOLISH THE EXISTING HOUSE AND BUILD A NEW ONE.
UM, AND THEN IN ORDER TO GET A BUILDING PERMIT, YOU EITHER NEED A PLATTED LOT THAT ENCOMPASSES THE ENTIRE SITE.
OUR LAND SET OF DETERMINATION.
UM, WE CAN'T GET THE LAND SET DETERMINATION, SO WE HAVE TO PLA BUT WE CAN'T PLA UNLESS WE MEET CODE REQUIREMENTS AND THE, THE ONLY CODE REQUIREMENT WE CANNOT MEET IS THE 50 FOOT RIGHTWAY FRONTAGE.
I THINK I SPOKE ABOUT A BIT OF THIS, BUT ORIGINALLY STUFF PROVIDED 1894.
WE USED TO HAVE ALL OF LOT 15 WAS GRANTED TO, UM, OUR SOUTHERN NEIGHBOR IN 2006.
15 FEET OF LOT 17 WAS GRANTED TO OUR NORTHERN NEIGHBOR, I WANT TO SAY IN THE EIGHTIES OR NINETIES.
UM, THAT LEFT US WITH 47 FEET OF LOT WIDTH AND THEN DUE TO THE ALLEY VACATION IN CONJUNCTION WITH ALL THAT, UM, WE CANNOT COMPLY WITH A LOT WITH MINIMUM OR KIDS.
UM, AND THEN PROBABLY NEXT SLIDE AGAIN TO WHERE IT, IT SHOWS THE PROPOSED PLAT.
UM, THAT'S JUST FOR, FOR YOUR REVIEW, BUT BASICALLY JUST TRYING TO CREATE ONE LOT THAT ENCOMPASSES ALL OF THE FOUR DIFFERENT PARCELS, TAX PARCELS THAT CURRENTLY MAKE UP THE, UM, SITE.
UM, AND THEN PROVIDED A ARCHITECTURAL SITE PLAN OVERLAID ON OUR PLAT THAT, THAT SHOWS OUR PLANS.
IT'S JUST A SINGLE FAMILY HOME WITH A BACK DECK AND A POOL, AND THEN A SMALL, UM, DETACHED OFFICE SLASH UM, ANA SLASH GUEST ROOM.
UM, AND THEN LAST THING I WOULD SPEAK TO IS OUR SITE IS CURRENTLY NON-COMPLIANT WITH IMPERVIOUS COVER.
UM, AND WE WILL BE REDUCING, WE'LL BE REMOVING 30% OF THE IMPERVIOUS COVER ON THE SITE WITH THE REDEVELOPMENT.
IT WILL BECOME COMPLIANT WITH SF THREE REQUIREMENTS OF 45% IMPERVIOUS COVER.
AND THEN I ALSO NOTICED ON THE AGENDA THAT, UM, ONE OF OUR, ONE OF THE NEIGHBORS, UH, OPPOSED, BUT THE OPPOSITION WAS KIND OF IN INFORMATIVE THAT THEY WOULD LIKE TO REQUEST THAT OUR SIDE SETBACK FROM THEIR LOT COMPLY WITH OUR PROPERTY LINE AND NOT THE FENCE LINE.
AND I WOULD LIKE TO CONFIRM THAT THAT'S THE CASE.
AND THAT'S WHAT, UM, DURING BUILDING PERMIT REVIEW, THEY WILL LOOK AT, THEY, THEY DON'T CARE ABOUT FENCES, THEY CARE ABOUT PROPERTY LINES.
SO WE'LL BE FULLY COMPLIANT WITH ALL OTHER CODE REQUIREMENTS.
SO THERE'LL BE FIVE FOOT SIDE SETBACK, 25 FOOT FRONT SETBACK AND FOOT REAR SETBACK.
IS THERE ANY OPPOSITION? SEEING NONE.
LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.
SO I SEE YOU HAVE THIS INTERESTING CON CONUNDRUM AND I WAS WONDERING WHEN YOU, UM, APPLY FOR YOUR SUBDIVISION IF YOU, UM, WOULD OFFER BALANCE OF ATTRACT SOLUTION TO THESE TWO ADJACENT NEIGHBORS THAT HAVE THE PORTION SINCE YOU'RE GOING TO BE APPLYING FOR RESUB ANYWAY? YES.
AND, AND WE HAVE TO DO, UH, BALANCE OF TRACK.
UM, NEITHER OF THE NEIGHBORS HAVE, UM, WE BASICALLY HAVE TO OFFER THEM THE OPPORTUNITY TO JOIN IN IN OUR SUBDIVISION.
UH, NEITHER OF THEM HAVE, UH, EXPRESSED THAT THEY WISH TO JOIN.
[01:10:01]
UM, AND THEN, BUT THEY, WE CAN'T TAKE AND GET 50 FEET OF THE REQUIRED FRONTAGE.AND JUST FROM EITHER OUR NEIGHBOR BECAUSE THEY ARE, THEY'RE BOTH CURRENTLY DEVELOPED.
AND I UNDERSTAND, AND I'M JUST SAYING THAT MOST OF THE TIME ON BALANCE OF THE TRACK ISSUES, PEOPLE DON'T TAKE THE TIME TO EXPLAIN THE ACTUAL WHAT YOU'RE TRYING TO DO.
AND SO GETTING A BALANCE OF THE TRACK WAIVER LEAVES THEM STILL IN THE SAME ROTTEN POSITION THEY WERE IN BEFORE.
AND IF IT IS AN OPPORTUNITY TO CLEAN UP THIS LITTLE MESS RIGHT HERE, THAT WOULD BE A VERY KIND THING TO DO, TO TAKE THE TIME AND EXPLAIN IT IN A WAY THAT THEY UNDERSTAND.
I MEAN, I KNOW, I KNOW IN MY NEIGHBORHOOD THAT, YOU KNOW, I HAVE TO EXPLAIN WHAT SF THREE MEANS.
SO BALANCE OF THE TRACKS MAY BE A VERY OBLIQUE CONCEPT, BUT I MEAN, YOU'RE GONNA BE THERE ANYWAY.
YOU ALREADY KNOW WHAT THE ISSUE IS AND IT WOULD FIX IT FOR THEM DOWN THE ROAD.
UH, WOULD YOU LIKE ME TO RESPOND TO THAT? NO, I WAS JUST MORE WAS, UM, HAVING A MOMENT.
IT WAS, IT WAS RELATIVELY LONG AND SHORT ALL AT THE SAME TIME.
BOARD MEMBER WENT ON THIS PROPERTY.
YOU HAVEN'T, YOU'RE, YOU'RE DOING, YOU'VE DONE YOUR LAYOUT ON IT.
YOU'VE GOT, UH, YOUR LAYOUT OF YOUR, WHAT YOU WANNA PUT ON THE TRACK.
I HEARD YOU SAY THAT YOU WERE ALREADY EXCEEDING IMPERVIOUS COVER.
I'M PUTTING IT DOWN IN THE PRESENT CONDITION.
UM, BECAUSE IF THIS WAS TO BE GRANTED, I COULD NOT SUPPORT ANOTHER VARIANCE FOR IMPERVIOUS COVER.
UH, SO THIS IS JUST WHAT WE WERE JUST DISCUSSING.
WE HAD THE DUPLEX THAT WAS OPEN, PEOPLE PUTTING EVERYTHING ON A POSTED STAMP OF A LOT.
AND THEN THERE'S NO ROOM FOR ANY EXPANSION.
THERE'S NO ROOM FOR ANYTHING ELSE TO GO ON THERE.
IF THE LOT DOES GET SOLD AND SOMEBODY ELSE COMES IN TO PURCHASE THAT LOT AND SAY THEY WANNA ADD A ROOM FOR A BABY OR CHILD OR A GROWING FAMILY, THEY'RE UNABLE TO DO SO.
UH, SO I WOULD HIGHLY CAUTION YOU AGAINST, UH, RUNNING YOUR, UM, PREVIOUS COVERS OVER THE ACCEPTED AMOUNT.
YEAH, WE'RE, WE HAVE NO PLANS TO.
YEAH, CUZ CURRENTLY IT'S STILL IN A DESIGN STAGE, SO TO COME BACK HERE AND SOME OF US THAT ARE LONG IN THE TOOTH HAVE VERY LONG MEMORIES TO COME BACK AND REQUEST A VARIANCE.
IT WILL BE, WE WILL REMEMBER IT.
AND I REALLY DON'T HA WANT TO GO THROUGH A DENIAL UNDER THAT.
PRETEXT VIRTUAL BOARD MEMBERS.
ANY QUESTIONS? BOARD MEMBER POTT, JP JUST TO CLARIFY THE HISTORY HERE, SO YOU MENTIONED THAT PART OF LOT 15 AND LOT 17 WAS GRANTED, UH, TO, OR PARTS OF YOUR LOT WERE GRANTED TO LOT 15 AND 17.
WAS THAT JUST A LEGAL DETERMINATION OR WAS THAT PROPERTY SOLD OR WHAT WAS THE HISTORY THERE? UM, YEAH, BASICALLY, I'M REALLY NOT SURE IF IT WAS SOLD OR NOT OR FOR WHAT COST, BUT IT WAS A BOUNDARY LINE AGREEMENT TO WHERE BOTH PROPERTY OWNERS AGREED TO SHIP THEIR BOUNDARY LINES.
AND IT WAS DONE SO LONG AGO THAT ALL THESE PROPERTIES HAVE BEEN DEVELOPED BASED ON THEIR NEW PROPERTY LINE LAYOUT.
SO EVEN IF WE WANTED TO, UM, OR COULD GET THE 50 FEET, WE WOULD NEVER GET THAT SUBDIVISION APPROVED WITHOUT DEMOLISHING THOSE UNITS BECAUSE THEY'RE ALREADY BUILT UP TO THE FIVE FOOT ZONING SETBACK.
SO YOU CAN'T CREATE A SUBDIVISION THAT WOULD CREATE A NEED FOR LIKE A, A SIDE SETBACK VARIANCE OR ELSE I'D BE, WE'D HAVE TO COME BACK TO THE BOARD AGAIN AND ASK FOR A, UM, A VARIANCE TO THE, THE SIDE SETBACK.
AND IT WOULD REQUIRE BOTH THOSE INDEPENDENT NEIGHBORS TO AGREE TO IT, WHICH, WHICH THEY WANT IT.
WE'VE BEEN IN CONTACT WITH THE, THE OWNER TO THE NORTH OR TO THE SOUTH, BUT THE OWNER TO THE NORTH, UM, WHO WE SENT A LETTER FOR THE, UM, BALANCE OF TRACT ISSUED TO.
AND IT WAS, UH, PRETTY LENGTHY.
I I FEEL LIKE I GAVE A PRETTY DECENT EXPLANATION ON IT.
OUR, OUR SOUTHERN NEIGHBOR DID RESPOND, UM, AND WE ADDRESSED THEIR CONCERNS WITH THE, UM, DEFENSE ISSUE, BUT OKAY.
DID THAT, DID THAT ANSWER YOUR QUESTION? I'M SORRY.
OTHER QUESTIONS? OR MOTION BOARD BOARD MEMBER VON OLIN? I NOTICE YOU'RE IN THE BODING CREEK NEIGHBORHOOD PLAN.
DID YOU HAPPEN TO GET WITH THE BODE BOING CREEK NEIGHBORHOOD ASSOCIATION? THEY ARE VERY ACTIVE AND
[01:15:01]
I DIDN'T SEE ANYTHING IN MY PACKET REFERENCING ANY TYPE OF MEETING WITH THE NEIGHBORHOOD NEIGHBORHOOD ASSOCIATION OR ANYTHING.HAVE YOU GOTTEN AN OPINION FROM THEM? OH, WE HAVE NOT GOTTEN, UM, AN OPINION.
I'LL BE MAKING A MOTION TO POSTPONE THEN I SECOND IT.
UH, SORRY, I DIDN'T SAY THAT VERY LOUD.
I'M MAKING A MOTION TO POSTPONE, UH, TO AUGUST.
AND I'M GOING TO ADVISE PROBABLY ALONG WITH BOARD MEMBER BON OLAND THAT YOU REACH OUT TO THE NEIGHBORHOOD GROUP.
WILL DO, I'D BE INTERESTED AS WELL AS AN UPDATE ON THE BALANCE OF THE TRACT ISSUES.
I KNOW IT'S HARD TO, TO TAKE THE TIME TO REALLY EXPLAIN, BUT I'D REALLY APPRECIATE IT.
DID YOU CATCH THAT MR. SULLIVAN? UH, I DID.
I CAN, I CAN PROVIDE A COPY OF THE CERTIFIED LETTERS THAT I SENT TO BOTH OF THOSE.
UM, AND IF YOU, IT'S A REALLY SIMPLE THING AND I I IT'S, IT'S JUST HARD TO EXPLAIN TO SOMEBODY IN TERMS THAT THEY CAN UNDERSTAND.
IT'S, IT'S ABOUT PIE AND PIE THAT GOT A PIECE ATE OUT OF IT, AND NOW YOU CAN'T PUT THE PIE ON THE TABLE.
YOU HAVE TO MAKE NEW PIE OR CALL IT COBBLER.
UM, AND PEOPLE JUST DON'T UNDERSTAND.
I, I JUST HAD SOMEBODY GET ONE OF MY FRIENDS TO SIGN A BALANCE OF THE TRACK WAIVER AND IT ENDED UP COSTING HER A LOT OF MONEY.
AND IF SOMEBODY HAD JUST TAKEN 10 MINUTES TO REALLY EXPLAIN IT TO HER, SHE'D NEVER ASSIGN IT, YOU KNOW.
I WAS LIKE, YOU DID WHAT? ANY OTHER QUESTIONS OR DISCUSSION? OKAY.
UH, AGAIN, THIS IS A MOTION TO POSTPONE TO AUGUST 14TH, 2023 MADE BY CHAIR COHEN, SECONDED BY MY BOARD MEMBER VAN OLAN.
I WOULD, AS I WOULD ASSUME THAT, YOU KNOW, UH, WHEN WE CONSIDER THIS AGAIN AND KNOW BACK TO BOARD MEMBER LEN'S COMMENT THAT, UH, WE MAKE A CONTINGENT ON, UH, YOU KNOW, PROPER COMPLIANCE WITH THE IMPERVIOUS COVER.
IT IS VALENTINE, RIGHT? VALENTINE.
SO THIS WILL BE POSTPONED TILL AUGUST 14TH.
[7. C16-2023-0002 Michael J Whellan for Mark Worsham 901W. Ben White Boulevard]
ITEM WILL BE ITEM SEVEN C 16 20 23.TWO MICHAEL WHALEN FOR MARK WORSHAM.
9 0 1 WEST BEN WHITE BOULEVARD.
MADAM CHAIR, JUST SO THAT YOU KNOW, UM, MADAM CO-CHAIR, UM, ACCUSED YOURSELF FROM THIS ONE.
YEAH, JUST IT'S ON JUST SO IT'S ON THE RECORD.
DAVID'S HEALTHCARE, GO TO THE NEXT SLIDE, PLEASE.
I'M HERE BEFORE YOU TONIGHT TO LAY OUT OUR REQUEST FOR A VARIANCE TO ACCOMMODATE AN EMERGENCY ROOM WAYFINDING SIGN AT THE SOUTH AUSTIN MEDICAL CENTER, ALSO KNOWN AS ST.
DAVID'S SOUTH RAY COLLINS, CHAIR OF THE SOUTH MANCHACA NEIGHBORHOOD CONTACT TEAM IS ALSO HERE TONIGHT IN SUPPORT OF OUR REQUEST BEHIND ME.
DAVID'S HAS AN EXISTING WAYFINDING SIGN ON THE PROPERTY, BE AS WE WILL DISCUSS, AND AS YOU WILL HEAR DIRECTLY FROM MR. COLLINS, THE SIGNS VISIBILITY IS OBSTRUCTED BY THE SURROUNDING TREE, THE TREE LINE CAUSING ISSUES FOR PEOPLE WHO ARE LOOKING FOR THE EMERGENCY ROOM IN SITUATIONS WHERE SECONDS MATTER.
THE CODE VARIANCE IS NEEDED DUE TO THE TOPOGRAPHICAL HARDSHIP ON THE SITE.
THE HOSPITAL SITS ATOP A 20 FOOT RETAINING WALL POSITIONED RIGHT ALONG THE FRONTAGE ROAD OF HIGHWAY 71.
[01:20:01]
THE PROPOSED RENOVATED SIGN WOULD MEASURE 35 FEET IN HEIGHT, WHICH WOULD BE COMPLIANT WITH CURRENT COAT IF THE HOSPITAL WERE SITUATED AT THE STREET FRONTAGE GRADE RATHER THAN A TOP THE RETAINING WALL.HERE'S AN AERIAL VIEW OF THE HOSPITAL.
SO YOU CAN SEE WHERE THE EXISTING SIGN IS IN COMPARISON TO NEW SIGN TO THE NEW SIGN.
THE NEW SIGN WOULD BE SIX FEET AWAY, VIRTUALLY IN THE SAME LOCATION FOR CONSISTENCY THAT'S RIGHT THERE UP AGAINST THE FRONTAGE.
HERE YOU CAN SEE THE EXISTING SIGN AT THE TOP OF THE RETAINING WALL, UH, FOR REFERENCE.
AS YOU CAN SEE, THE SIGN BLENDS IN WITH THE SURROUNDING TREE LINE AND IS SOMEWHAT LOST VISUALLY.
NOTE ALSO THAT THE GRADE CHANGE UP HAPPENS ABRUPTLY AT THE STREET FRONTAGE LEAVING NO ROOM AT GRADE FOR THE SIGNAGE.
THIS IS ILLUSTRATIVE, UH, COMPARISON OF THE EXISTING AND PROPOSED SIGNS AT SCALE.
YOU CAN SEE THAT THE PROPOSED SIGN WOULD HAVE AN AREA OF 253 SQUARE FEET, WHICH IS COMPLIANT WITH CURRENT CODE.
AS I MENTIONED, THE HEIGHT WOULD BE 35 FEET, WHICH IS THE ALLOWED HEIGHT FOR SIGNS THAT ARE AT STREET GRAY.
THE REQUESTED VARIANCE WOULD ALLOW SIGNS TO BE 35 FEET TALL FROM THE BASE OF THE SIGN, WHICH WOULD ACCOMMODATE THE ABRUPT TOPO TOPOGRAPHICAL CHANGE THAT OCCURS AT THE FRONTAGE ROAD.
HERE'S ANOTHER ILLUSTRATION SHOWING HOW THE NEW SIGN WOULD DIFFER FROM THE EXISTING SIGN.
AND HERE IS A PHOTO SHOWING HOW THE ROAD CURVATURE AT THE SITE COMBINED WITH THE TREE LINE MEANINGFULLY OBSTRUCTS THE SIGNS VISIBILITY.
AS YOU CAN SEE, HOW THE ADDITIONAL HEIGHT AND INCREASED SQUARE FOOTAGE WOULD ELEVATE THE SIGN AND MAKE IT MORE VISIBLE TO EMERGENCY ROOM PATIENTS AND FIRST RESPONDERS COMING 70 PLUS MILES PER HOUR DOWN THE HIGHWAY.
AND THIS IS THE EXISTING VIEW OF DRIVERS COMING DOWN THE FRONTAGE ROAD.
THE SIGN IS TRULY DIFFICULT TO SEE AND IS ALMOST FULLY OBSTRUCTED BY TREES.
AS WE, AS WE'VE DISCUSSED, AND AS YOU CAN SEE, GRANTING THE REQUESTED VARIANCE WOULD SIGNIFICANTLY APPROVE THE SIGNS VISIBILITY AND RAISE IT ABOVE THE TREE LINE.
THIS PHOTO DEMONSTRATES THAT GRANTING THE VARIANCE WOULD NOT HAVE A NEGATIVE IMPACT ON SURROUNDING PROPERTIES OR BUSINESSES.
AS THE HOSPITAL TAKES UP SUCH A LONG PIECE OF FRONTAGE AND THERE ARE NO OTHER SIGNS OR BUSINESSES IN THE IMMEDIATE VICINITY, THIS VARIANCE ALSO WOULD NOT GIVE THE HOSPITAL SPECIAL PRIVILEGE NOT ENJOYED BY OTHERS FOR TWO REASONS.
FIRST, AS YOU CAN SEE, THE RETAINING WALL ONLY EXISTS ALONG THE HOSPITAL'S PROPERTY LINE, MEANING OTHER NEARBY PROPERTIES ARE AT OR, OR, OR ARE CLOSE TO THE STREET FRONTAGE GRADE AND ARE NOT IMPACTED BY ABRUPT CHANGES IN TOPOGRAPHY.
SECOND, THE PROPOSED SIGN WOULD BE 35 FEET TALL, WHICH IS IN COMPLIANCE WITH CURRENT CODE.
IF IT WAS AT GRADE, A BUSINESS SITUATED AT THE STREET GRADE, FOR EXAMPLE, COULD BUILD A SIGN OF THIS HEIGHT BY RIGHT.
NEXT SLIDE ON THE SCREEN IS A RECAP OF OUR REQUEST, AND I'M NOW GOING TO PASS IT OVER TO RAY COLLINS, CHAIR OF THE SOUTH MIN CHAKA NEIGHBORHOOD CONTACT TEAM, WHO I BELIEVE IS RIGHT BEHIND ME.
CHAIR, STATE YOUR NAME FOR THE RECORD, PLEASE.
I CHAIR THE SOUTH MAN CHECK NEIGHBORHOOD PLAN CONTACT TEAM.
IN YOUR LATE BACKUP, MRS. RAMIREZ HAS PROVIDED YOU A LETTER FROM OUR SECRETARY, UH, REPORTING A VOTE THAT WE TOOK IN FAVOR OF THIS SIGNED VARIANCE.
AND TO THAT, I'LL ADD THAT SOMETIME BACK.
I WAS FOLLOWING AN AMBULANCE BEARING MY SPOUSE AND THE DRIVER MISSED THE TURN ONTO JAMES CASEY.
IS THERE ANY OPPOSITION? CAM I'M GONNA GO AHEAD AND CLOSE THE PUBLIC HEARING.
AND SORRY MICHAEL, I'M STARTING THIS TIME BECAUSE THIS IS ONE OF THOSE RARE OCCASIONS WHERE A, I'M GONNA TALK ABOUT MY PAST.
AND B, THE FACT THAT I HAVE ZERO EXPERIENCE IN LAND DEVELOPMENT COMES IN REALLY, REALLY HANDY.
THAT HOSPITAL SIGN HAS SUCKED SINCE I WAS AN EMT IN 1998.
NOW IT'S A LOT EASIER TO FIND YOUR WAY TO A HOSPITAL WITH GPS AND YOU GET TO KNOW A HOSPITAL AFTER A WHILE.
BUT A PERFECT EXAMPLE IS ME DRIVING A PATIENT TO BROOKS ARMY MEDICAL CENTER FOR THE FIRST TIME IN SAN ANTONIO AND NOT BEING ABLE TO FIND THE EMERGENCY ROOM FROM THE FREEWAY AGAIN.
EASIER NOW, BUT I'D ALSO LIKE TO POINT OUT I'VE BEEN IN A PLACE WHERE I WAS SO POOR THAT I HAD TO MAKE A CAN OF MIXED VEGETABLES FROM THE FOOD BANK LAST FOR THREE DAYS.
AND WHEN YOU'RE IN THAT LEVEL OF POORNESS, WHEN YOU, WHEN YOU'RE THAT DESTITUTE INTERNET ON YOUR PHONE, THAT'S A PRIVILEGE.
SO THIS IS A SIGN, THIS IS AN IMPORTANT TIME WHEN YOU'RE ON THE FREEWAY AND YOU'RE TRYING TO FIGURE OUT WHERE, WHERE YOU'RE GOING AND PEOPLE ARE REALLY, REALLY STRUGGLING AND IT'S THE MOST PANICKED YOU'VE EVER BEEN IN YOUR LIFE CUZ SOMEONE'S HURT OR SICK OR DYING, THIS THING WILL HELP.
THIS IS ONE OF THE RARE TIMES YOU'LL HEAR ME SAY, NO MATTER WHAT, I WILL VOTE FOR THIS.
AND I HOPE EVERYBODY ELSE DOES THE SAME, BUT YOU GOT MY SUPPORT.
[01:25:01]
SO BOARD MEMBER OF VAN OLEN WE'RE BEING PICKED UP OFF THE HIGHWAY THREE TIMES OFF OF MOTORCYCLES.YEAH, I KNOW WHAT IT'S LIKE WHEN THEY MISS IT TWICE.
I GOT HIT BY DEER, SO, UH, MY WIFE SAYS IT DOESN'T MATTER.
SO, BUT, UH, I'M GONNA MAKE A MOTION TO APPROVE.
THE BOARD MUST DETERMINE THE EXISTENCE OF SUFFICIENCY, OF WEIGHT OF EVIDENCE SUPPORTING THE FINDINGS DESCRIBED BELOW.
IN ORDER TO GRANT YOUR REQUEST FOR THE VARIANCE, THE BOARD MUST FIRST MAKE ONE OF THE ONE OR MORE OF THE FINDINGS DESCRIBED BE BELOW UNDER ONE, TWO, AND THREE.
AND THE BOARD MUST MAKE THE FINDING DESCRIBED IN AN ITEM FOUR.
THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCE ENFORCEMENT OF THE ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE CONSIDERING THE UNIQUE FEATURES OF THE SITE SUCH AS DIMENSION LANDSCAPING OR TOPOGRAPHY.
BECAUSE OF THE TOPOGRAPHER TOPOGRAPHICAL CHANGES FROM A 20 FOOT RETAINING WALL CREATE A HARDSHIP FOR COMPLIANCE WITH SECTION TWENTY FIVE, TEN ONE, TWENTY THREE B.
AND AS IT SIGNIFICANTLY REDUCES MAX SIGN HEIGHT AND COMPARISON TO SIGN OF LINE WITH THE STREET FRONTAGE GRADE.
THIS, THIS EXISTING SIGN IS ALSO PARTIALLY OBSTRUCTED BY DENSE TREE COVERED.
IT'S FURTHER IMPACTED BY THE ROAD CURVATURES CARS APPROACH AT A VERY HIGH RATE OF SPEED, EXACERBATING THE IMPACT OF VISUAL OBSTRUCTION AND LACK OF VISIBILITY.
I'M NOT GONNA READ TWO, BUT I WILL READ THREE.
THE GRANTING OF THIS VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSES OF THE SIGN ORDINANCE BECAUSE SECTION TWENTY FIVE TEN ONE EIGHTY FOUR SEEKS TO PROTECT THE SAFETY AND EFFICIENCY OF THE CITY'S TRANSPORTATION SYSTEM BY REDUCING CONFUSION AND DISTRACTIONS TO PE, PEDESTRIANS AND MOTORS.
IMPROVING THE VISIBILITY OF THE EMERGENCY ROOM WAY, FINDING SIGN, REDUCES CONFUSION AND HELPS MOTORS NAVIGATE THE EMERGENCY ROOM MORE QUICKLY AND EFFICIENTLY.
AND FOR GRANTING THE VARIANCE WILL NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHER SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED BECAUSE OTHER SIDES ARE NOT FACED WITH THE SAME SIGNIFICANT AND ABRUPT CHANGES TO TOPOGRAPHY.
AGAIN, THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER VAN OLIN, SECONDED BY MYSELF.
VICE CHAIR HAWTHORNE WILL BE ABSTAINING.
YOUR VARIANCE HAS BEEN GRANTED FOR NEW MEMBERS.
THIS IS ALSO PART OF OUR DUTY.
WE JUST DON'T DO ZONING CASES.
YOU'RE GONNA LEARN MORE ABOUT SIGNS THAN YOU EVER WANTED TO KNOW.
[8. C15-2023-0028 Jeremy Siltala for Terry Eaton and Robert Williams III 900 W North Loop Boulevard]
C 15 20 23.WHERE WE'RE AT? UH, WHAT TIME IS IT? 7 8, 9.
I THINK THIS ONE MIGHT END UP BEING A LONG ONE.
EVERYBODY OKAY TO PUSH ON? DOES ANYBODY NEED A BREAK ON THE BOARD? GOOD.
JEREMY S FOR TERRY EATON AND ROBERT WILLIAMS III 900 WEST NORTH LOOP BOULEVARD.
MAKING A GOOD TIME? GOOD EVENING, MADAM CHAIR BOARD MEMBERS, STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES.
SORRY, I GO BY JASPER THOUGH, JEFF.
I'M JASPER SLO WITH LAND STRATEGIES REPRESENTING THE PROPERTY OWNERS ROBERT WILLIAMS AND TERRY EATON OF EATON FINE ART.
OUR CLIENTS APPROACHED US TO CHANGE THE OFFICIAL USE FROM ADMINISTRATIVE, UH, SORRY, CHANGE THE OFFICIAL USE TO ADMINISTRATIVE AND BUSINESS OFFICES.
AND DURING THE SITE PLAN DUE DILIGENCE PROCESS, WE DISCOVERED THESE TWO VARIANCES WOULD BE REQUIRED.
OUR CLIENT IS REQUESTING A VARIANCE FROM 25 2 10 67 H TO REDUCE THE SETBACK FROM NINE FEET TO FIVE FEET FOR PARKING AND TO 5 2 10 62 C TO REDUCE THE REAR AND SIDE BUILDING SETBACKS FROM 17 AND A HALF FEET TO 11 AND FIVE FEET
[01:30:01]
FOR THE NORTH AND WEST PROPERTY LINES RESPECTIVELY FOR THE EXISTING AND PROPOSED IMPROVEMENTS.UH, THE SITE IS JUST WEST OF THE INTERSECTION OF NORTH LAMAR.
THE CURRENT ZONING IS LIMITED OFFICE MIXED USE NEIGHBORHOOD PLAN WITH A LIMITED OFFICE FUTURE LAND USE DESIGNATION.
THERE ARE COMMERCIAL ZONING DISTRICTS TO THE EAST, NORTHEAST, AND SOUTH WITH SINGLE FAMILY ZONING TO THE WEST AND NORTH.
A SKYLAND SUBDIVISION WAS PLATTED IN 1930 AND AN EXCEPTION TO PLATING WAS APPROVED IN 2006.
THIS IS A CURRENT AS-BUILT PROPERTY SURVEY SHOWING EXISTING SITE CONDITIONS.
AND A SITE PLAN IS CURRENTLY IN REVIEW TO PAVE THE EXISTING PARKING AREA AT THE REQUIRED SIDEWALK AND LANDSCAPE IMPROVEMENTS.
AND HERE'S THE SITE PLAN AND REVIEW.
AND HERE'S A GRAPHIC REPRESENTATION OF THE SETBACKS FOR PARKING SHOWN IN GREEN AND STRUCTURES SHOWN IN RED AND ORANGE DUE TO THE WIDTH OF THE LOT AND EXISTING AUSTIN ENERGY INFRASTRUCTURE ON THE EAST EASTERN SIDE OF THE PROPERTY.
THE REQUIRED PARK IMPROVEMENTS CANNOT BE PLACED ELSEWHERE ON THE SITE IN STRICT COMPLIANCE WITH THE COMPATIBILITY SETBACKS.
OTHER ADJACENT LOTS ARE LARGER, WHICH CAN MAKE STRICT COMPLIANCE MORE FEASIBLE.
THE REQUEST IS NECESSARY TO PAVE THE EXISTING PARKING AREA, ADD THE REQUIRED SIDEWALK AND LANDSCAPE IMPROVEMENTS IN ACCORDANCE WITH COMMERCIAL SITE STANDARDS.
HERE'S THE BUILDING ENTRANCE AND THE EXISTING CONCRETE PATIO AND COURTYARD.
AND YOU'LL NOTICE THAT THE EXISTING FENCE AND VEGETATION SCREEN THE SUBJECT PROPERTY FROM VIEW OF ADJACENT PROPERTIES.
THIS IS THE PROPOSED PARKING LOT AND THESE IMAGES SHOW THE LOCATION OF THAT PARKING LOT AND THE ADA SIDEWALK.
HERE'S THE EXISTING FIVE FOOT SIDE SETBACK, AND AGAIN, THE FENCE AND VEGETATION SCREEN.
THE SUBJECT PROPERTY FROM THE VIEW OF THE ADJACENT DUPLEX.
AND THIS IS THE REAR 11 FOOT SETBACK.
UH, AGAIN, FENCE AND VEGETATION SCREEN, THE PROPERTY, AND HERE THE ADJACENT PROPERTIES, UH, TO THE EAST AND WEST ON THE SIDES.
UH, ADJACENT TWO STORY BUILDINGS ARE SIMILAR HEIGHT TO THE SUBJECT PROPERTY.
AND HERE'S SOME ADJACENT, UH, NEIGHBORHOOD CONTEXT SHOTS THAT SHOW THE ADJACENT PROPERTIES TO THE EAST AND SOUTH ARE MULTI-FAMILY, RESIDENTIAL, COMMERCIAL AND MIXED USE, WHICH IS THE CAMDEN HEIGHTS, UH, V M U BUILDING ON THE CORNER THERE.
UH, THE VARIANCE REQUEST IS CONSISTENT WITH THE AREA'S DEVELOPMENT PATTERN AND NEIGHBORHOOD CHARACTER.
AND IF APPROVED, THE EXISTING STRUCTURE WILL BE USED AS AN OFFICE BUILDING TO SERVE NEIGHBORHOOD AND COMMUNITY NEEDS IN ACCORDANCE WITH THE LIMITED OFFICE ZONING AND THE BRENTWOOD HIGHLAND NEIGHBORHOOD PLAN.
NOTE THAT ADMINISTRATIVE AND BUSINESS OFFICES IS A PERMITTED USE IN THE LL ZONING DISTRICT.
NO CHANGES ARE PROPOSED TO THE EXISTING STRUCTURE AND THE WE REQUEST IS ONLY NECESSARY TO PAY THE EXISTING PARKING AREA AT THE REQUIRED ADA SIDEWALK AND LANDSCAPE IMPROVEMENTS IN ACCORDANCE WITH COMMERCIAL SITE STANDARDS.
THANK YOU FOR CONSIDERATION AND I CAN TAKE ANY QUESTIONS.
IS THERE ANY OPPOSITION? SEEING NONE.
LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.
OPEN TO DISCUSSION BOARD MEMBER VAN.
I'LL MAKE A MOTION TO APPROVE.
MOTION TO APPROVE MADE BY BOARD MEMBER VAUGHN OWEN.
SECONDED BY VICE CHAIR HAWTHORNE.
DISCUSSION QUESTIONS? I GUESS THE ONLY QUESTION THAT I DID HAVE, IT'S BECAUSE YOU'RE USING THE EXISTING BUILDING.
YOU CAN'T SHIFT THE BUILDING AROUND.
GOTTA WORK AROUND WHAT YOU GOT.
VIRTUAL MEMBERS, UH, BOARD MEMBER SMITH.
YOU ARE GOING TO BE BASICALLY, UH, PUTTING, PUTTING A CEMENT, CEMENT OR CONCRETE, UH, PARKING FACILITY WHERE IT'S CURRENTLY GRAVEL AND YOU'RE GONNA BE EXPANDING THE, EXPANDING THE PROP, THE PARKING, MORE PARKING.
THE CITY REQUIRES THE PARKING TO BE PAVED IN ACCORDANCE
[01:35:01]
WITH ALL THE VARIOUS COMMERCIAL STANDARDS THAT GRAVEL PARKING IS UNACCEPTABLE, DOES NOT MEET THE REQUIREMENTS.AND WHAT IS THE BUSINESS THAT YOU'RE, UH, THAT WILL BE THERE? IT'S CALLED EATON FINE ART.
THEY'RE, UH, ART CURATORS AND CONSULTANTS.
BOARD MEMBER CHAIR STA UM, I UNDERSTAND THAT THE, YOU'RE REQUESTING THE REDUCTION OF THE SIDE SETBACK, BUT I'M, I DON'T UNDERSTAND THE REAR SETBACK REDUCTION.
WHAT IS THAT FOR? AND THE REASON I ASK IS CUZ THERE'S RESIDENTIAL PROPERTY UP THERE.
IT IT'S STILL 17 AND A HALF FEET ON THE NORTH AND THE SIDE AND THE BUILDING'S CURRENTLY AT 11, WHICH IS OBVIOUSLY LESS THAN 17 AND A HALF.
SHOULD PROBABLY GO BACK TO THAT SLIDE.
IT WAS REALLY HELPFUL TO HAVE THE, THE PICTURE.
OPEN TO A, UH, FRIENDLY AMENDMENT.
WELL, SINCE WE'RE INCREASING, WHAT'S THE, WHAT'S THE PURPOSE COVER LIMIT FOR, IS THERE ONE? IT'S, THERE IS, IT'S LIKE 70%.
WELL, BECAUSE THEY HAVE THOSE BEAUTIFUL SOLAR PANELS ON TOP OF THE BUILDING THAT JUST CAUGHT MY HEART.
NO, I'M NOT THAT WORRIED ABOUT IT.
IT DEPENDS ON THE, THE PROJECT, WHETHER HE IS SUBJECT TO DETENTION AND WATER QUALITY GOING THROUGH.
THE HARDSHIP FOR WHICH A VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY AND THAT DUE TO THE LOT SIZE WITH CONFIGURATION OF THE EXISTING STRUCTURES AND ASSOCIATED INFRASTRUCTURE, THE REQUIRED PARKING SIDEWALK AND LANDSCAPE IMPROVEMENTS WOULD NOT BE ABLE TO BE PLACED ELSEWHERE ON THE SITE.
IN, IN STRICT COMPLIANCE WITH SINGLE FAMILY RESIDENTIAL COMP COMPATIBILITY, SETBACKS, THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE OTHER LOTS WITHIN THE SKYLAND SUBDIVISION ARE, ARE LARGER AND ALLOW STRICT COMPLIANCE WITH COMPATIBILITY, SETBACKS, 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 AND WHICH A PROPERTY IS LOCATED BECAUSE THE OWNER SEEKS TO USE THE EXISTING BUILDING AND ASSOCIATED INFRASTRUCTURE AS AN OFFICE BUILDING TO SERVE NEIGHBORHOOD OR COMMUNITY NEEDS IN ACCORDANCE WITH THE COMMERCIAL L O M U ZONING.
AGAIN, THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER JUAN OWEN.
SECONDED BY BOARD MEMBER HAWTHORNE.
YOUR, YOUR, UH, YOUR PRESENTATION WAS CONCISE TO THE POINT.
YOU HAD ALL THE ANSWERS, SO I COMMEND YOU ON THAT.
OKAY, LAST BUT NOT LEAST, ITEM NINE
[9. C15-2023-0031 Kefetew S Selassie 607 Oakland Avenue]
C 15 20 23 0 0 31.I'M GONNA TRY NOT TO BUTCHER THIS, BUT I'M PROBABLY GONNA TU SALA.
AND IS THIS GOING TO BE VIRTUAL APPLICANT? YES, HE IS VIRTUAL.
JUST TO RUN THROUGH IT REAL QUICK, UH, YOUR PRESENTATION IS PULLED UP.
THERE'S GOING TO BE A SLIGHT DELAY IF YOU'RE WATCHING E T X N OR IF YOU'RE WATCHING, UH, STREAMING ONLINE BETWEEN WHEN YOU SEE THE SLIDE CHANGE AND WHEN WE SEE THE SLIDE CHANGE.
[01:40:01]
READY FOR THE NEXT SLIDE, JUST SAY NEXT SLIDE AND WE'LL BE ABLE TO SEE IT RIGHT AWAY.PLEASE STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES FOR YOUR PRESENTATION.
AND, UM, THANK YOU FOR THE OPPORTUNITY TO, UH, UH, PRESENT MY, UH, MY CASE, UH, IN THIS FORM.
UM, I WOULD, UM, ON THE FIRST SLIDE, AS YOU CAN SEE, JUST WANT TO GIVE YOU CONTEXT ON, UM, WHERE WE STARTED, UH, THE, THE GARAGE IN QUESTION THAT, UH, WE RENOVATED, UH, USED TO LOOK LIKE WHAT YOU SEE ON THIS SLIDE.
I, I HAVE SHARED, UM, I HAVE SHARED A SERIES OF CONTENT IN THE PACKAGE.
UM, BUT, UH, WHAT I WOULD, UH, WANT TO ASK HERE, HERE IS, UH, FOR CONSIDERATION ON OUR INTENT AND, AND HOW WE GOT HERE.
UH, THIS GIVES YOU, UH, CONTEXT ON, UM, WE TOOK OWNERSHIP OF, UH, CONSTRUCTION OF OUR INNOVATION.
UH, IT TOOK US, UH, NOW, UH, WE ARE FINISHING OUR, OUR THIRD YEAR.
UM, WE, WE DID, UH, WORK WITH SEVERAL CONTRACTORS.
UM, AND WHAT IT PRESENTED WAS, UM, THAT WE WERE FACED WITH SERIES OF CHANGE ORDERS AND, UM, HIGH LEVEL OF AMBIGUITY BECAUSE THE HOUSE CONDITION WAS IN A VERY BAD CONDITION.
AND, AND OUR INTENTION WAS, UH, TO REALLY RENOVATE THE SCENE, UH, GROUND UP AND WE STORE IT.
UM, AND, UH, IT WAS JUST NOT MAKES SENSE FINANCIAL TO, UH, TO BE ABLE TO.
SO, SO WE TOOK THE OWNERSHIP AND, AND, UM, AND, UH, WE WERE BEEN, WE'LL BE MANAGING IT THE LAST, THE LAST THREE YEARS.
UH, THIS SLIDE SHOWS, UM, UH, BEFORE AND AFTER.
AND IT ALSO GIVES YOU CON CONTEXT ON, UM, OUR LEVEL OF, UH, PARTNERSHIP AND COMMITMENT WITH WHETHER IT WAS DST OR AUSTIN ENERGY OR, UM, OR WITH, UH, WITH HISTORIC PORT.
UM, WE'VE DONE SIGNIFICANT WORK.
UM, AND, UH, I WOULD SAY THAT, UM, AS AN ENGINEER, THIS BUILDING WAS, IS OVER-ENGINEERED.
WE DID NOT LEAVE ANYTHING FOR CHANCE.
WE ALSO WERE INTO IT, INTO RESTORING, UH, MORE THINGS THAN, THAN, THAN EVEN THE HISTORIC BOARD REQUIRED.
UH, SO, UH, AT THIS POINT, WE, WE, UM, WE HAVE COMPLETED, LIKE, I'M GIVING YOU A LITTLE BIT MORE CONTEXT ON THE, ON THE, ON THE MAIN HOUSE ALSO, UH, BECAUSE THAT'S, UH, NOT JUST, NOT JUST THE GARAGE.
SO IF WE, AND, AND THIS SHOWS OUR COMPLIANCE TO ALL THE ASKS THAT WE'VE HAD SO FAR.
UM, DESPITE, DESPITE OUR BEST EFFORT, UH, WE, WE, UH, WE MADE A MISTAKE, UH, AND WE TAKE THAT OWNERSHIP ON THE GARAGE.
UM, WHEN WE RESTORED, UH, WE DID NOT, UH, UH, WE DID NOT KEEP THE SETBACK EVEN THOUGH THAT IT IS BETTER THAN WHAT THE ORIGINAL GARAGE WAS.
UM, BUT, UM, I MADE THE MISTAKE ON THAT.
UM, AND NOW I'M, I'M ASKING, UH, FOR SUPPORT ON, UM, ON, UM, ON A VARIANCE.
UM, THIS SLIDE OUTLINES, UM, ALL THE, THE CONSTRAINTS THAT, THAT WE WERE JUGGLING OR BALANCING.
UM, AS, AS OUTLINED ON THE, ON THE SLIDE, UM, WE WERE PROTECTING THE TREE, BALANCING THE DISTANCE.
UH, FROM THAT, UH, WE WERE ALSO ALLOWING, UH, CIRCULATION SPACE, UH, BECAUSE THERE'S NO WAY TO GET BACK TO THE BACKYARD.
UM, AND EVEN IF THERE IS REPAIR, UH, FOR POWER LINES OR ANYTHING, UH, I WANTED TO MAKE SURE THAT WE, WE GIVE ENOUGH SPACE.
UH, THERE WAS ALSO, UM, UM, UH, THE TOP FOR THE, FOR THE SEWER LINE, THE OLD SEWER LINE, WHICH IS LATER ON, IT'S CHANGED.
WE LEARNED THAT WE NEED TO PUMP IT TO THE FRONT, BUT I WANTED TO MAKE SURE THAT WE CLEAR, WE CLEAR, HAVE ENOUGH SPACE FOR THAT.
UM, SO, AND, AND, AND THE LAST ONE IS A USABILITY.
UM, FROM A USABILITY PERSPEC PERSPECTIVE, WE WANTED TO, TO GET, UM, UM, SOME LEVEL OF FUNCTIONALITY WITH THE GARAGE.
SO THAT THOSE ARE THE CONSTRAINTS THAT WE MANAGED ACROSS.
UM, WE BELIEVE THAT WE BALANCED, WE HAVE A BALANCED VIEW.
[01:45:01]
IT DOESN'T SOLVE THE, THE MISTAKE, UH, THAT WE MADE ON THE, FROM THE SETBACK PERSPECTIVE.UM, NEXT SLIDE SHOWS, UH, THE SURROUNDING AREA.
UH, OUR NEIGHBORS, UH, IN THE BACK, UM, WITH, UH, LESS THAN, UH, LESS THAN, UM, UH, LESS THAN FIVE FOOT, UM, SETBACK.
UM, MR. S INTERRUPT, BUT YOUR FIVE MINUTES IS UP.
CAN YOU PLEASE WRAP IT UP IN ONE SENTENCE? YES.
UM, I, I, I THINK, UH, WE HAVE SUPPORT FROM, UH, FROM OUR, UH, UH, UH, SURROUNDING, UM, NEIGHBORS.
AND WE ARE READY NOW BOTH WITH, UH, AUSTIN ENERGY AND, AND ALSO, UH, PERMIT APPROVAL FOR, FOR THE GARAGE, UH, PENDING THE DECISION FROM THE BOARD.
IS THERE ANY OPPOSITION? SEEING NONE.
LET'S CLOSE THE PUBLIC HEARING, UH, QUESTIONS.
SO IF I'M LOOKING AT THIS CORRECTLY, BASED ON YOUR LAYOUT, YOUR PLANS HERE, YOUR BEFORE AND AFTER.
THE GARAGE IS ESSENTIALLY IN THE SAME PLACE AS THE OTHER ONE.
JUST, I MEAN, WE'RE TALKING INCHES HERE, BUT IT LOOKS TO ME LIKE IT SEEMS TO BE PRETTY CLOSE TO THE SAME FOOTPRINT AS THE OLD GARAGE.
IS THAT CORRECT? IT'S A LITTLE BIGGER.
Y Y YES, ACTUALLY, UH, SIR, UH, ON THE BACK, UH, YES.
SO I SAW THE DIFFERENCE IN THE BACK.
THE SETBACK WAS, THE SETBACK WAS ONLY TWO FEET.
NOW WE HAD THE SETBACK OF SEVEN FEET.
AND NORMALLY WHEN SOMETHING'S ALREADY BUILT, YOU KNOW, WE GET A LITTLE, A LITTLE UPSET HERE, BUT YOU CLEARLY, UH, WERE MORE THAN FORTHCOMING WITH ADMITTING THAT YOU MADE THE MISTAKE AND ACCEPTING THE RESPONSIBILITY OF YOUR MISTAKE ON THAT ASPECT.
AND BEING THAT, THAT IT'S REALLY PRETTY MUCH CLOSE TO BEING IN THE SAME, UH, FOOTPRINT AS THE OLD ONE.
AND YOU DID INCREASE THE, THE, UH, REAR YARDS.
I'M GONNA MAKE A MOTION TO APPROVE.
WE HAVE A MOTION TO APPROVE MADE BY BOARD MEMBER VAN OLEN, SECONDED BY VICE CHAIR HOR, I'M GOING TO HAVE TO ASK, UH, WITH THE SEWER LINE AND WITH ELECTRICITY WITH ITS OWN METER, IS THIS, IS THIS SOMETHING THAT'S GOING TO BE USED FOR STORAGE OF CARS AND TOOLS, OR IS THIS GOING TO BE LIVED IN IT'S, NO, IT'S CAR.
JUST IN CASE I'D LIKE TO MAKE A FRIENDLY AMENDMENT.
I, I WOULD LIKE TO SAY INTO THE RECORD, LOOKING AT THE PICTURE, I DON'T KNOW HOW ANYONE WOULD'VE THOUGHT YOU COULD HAVE REMODELED THAT STRUCTURE, THE OLD ONE,
SO I'M NOT SURPRISED THAT YOU'RE HERE, BUT I, I THANK YOU FOR NOT TEARING DOWN THE, THE NICE, CUTE LITTLE BUNGALOW AND PUTTING THE EFFORT THAT YOU DID INTO IT.
UM, AND THEN, UH, YEAH, I SAW A PICTURE OF THAT GARAGE.
I WAS LIKE, NOBODY COULD HAVE REMODELED THAT
ANY QUESTIONS? DISCUSSION? OKAY, THIS FIND IS REASONABLE USE.
THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR A REASONABLE USE BECAUSE THE ORIGINAL SEW TAP LOCATED LESS THAN TWO FEET FROM THE, THE TASK GARAGE.
LEFT ELEVATION FOUNDATION STRUCTURE AFFECTED THE LIMITS OF THE SIDE SETBACK.
ACCESS TO THE BACKYARD FRONT LEFT CORNER GARAGE IS APPROXIMATELY FIVE FEET FROM DECK POST.
AND THE ONLY ACCESS TO THE BACKSIDE OF THE LOT FOR UTILITY REPAIR AND OTHER TASKS WITH THE SMALL LIFTER CRANE WAS AFFECTED IN THE LIMITS OF THE REAR SETBACK HARDSHIP.
THE HARDSHIP FOR WHICH A VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT PROTECTING CRITICAL ROOT ZONE.
FOR 26 INCH LIBO LOCATED APPROXIMATELY 20 FEET FROM THE FRONT ELEVATION OF THE REBUILD, ATTACHED GARAGE CONSTRAINED AND LIMITED THEM TO SUPPORT APPROXIMATELY 6 9, 6 FOOT NINE REAR SET SETBACK VERSUS 10 FEET.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE THE ORIGINAL DETTA GARAGE AND OTHER ASSEMBLY STRUCTURE IN THE AREA ARE LOCATED WITH WELL WITHIN, IN SIGNIFICANTLY LESS THAN A 10 FOOT SETBACK.
UH, AND I WOULD SAY I WOULD ALSO STATE AS, UH, COMMISSIONER HAWTHORNE SAID THE OLD GARAGE COULD NOT BE REMODELED AREA OF CHARACTER.
THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT ADJACENT CONFORMING PROPERTY, AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH A PROPERTY IS LOCATED.
BECAUSE A, IT'S BETTER THAN BEFORE.
NEWLY RENOVATED DETACHED GARAGES, IMPROVED SETBACK IN THE REAR, AND NO SIGNIFICANT CHANGE TO
[01:50:01]
THE SIDE SETBACK ON THE SOUTH.AND I'LL LET IT GO AT THAT MA'AM CHAIR.
AGAIN, THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER V OLIN, SECONDED BY VICE CHAIR HAWTHORNE WITH THE FRIENDLY AMENDMENT OF NOS, NO SHORT TERM RENTALS MADE BY MYSELF.
YOUR VARIANCE HAS BEEN GRANTED.
WELL, THANK YOU VERY MUCH, MUCH FASTER THAN I THOUGHT IT WAS GOING TO WITH SO MANY BOARD MEMBERS, NEW BOARD MEMBERS.
I WOULD BE TEAM ON THIS END GOING HOME.
[10. Discussion of the June 12, 2023 BOA activity report On-Line Link: Item10 MONTHLY REPORT]
ALL RIGHT.ITEM 10, DISCUSSION OF THE JUNE, MICHAEL, JUNE 12TH, 2023 BOARD OF ADJUSTMENT ACTIVITY REPORT.
UM, I DID WANNA TOUCH ON GREAT JOB.
UH, OF COURSE AS ALWAYS ELAINE AND, UH, DIANA, I DID WANNA MENTION ONE THING, SINCE WE'RE LOOKING AT THIS, UH, THE NUMBERS LOOK PRETTY GOOD TO ME.
WE'RE GRANTING MORE THAN WE'RE DENYING, WHICH MAKES ME HAPPY, YOU KNOW, TRYING TO SUPPORT PERSON'S PROPERTY RIGHTS.
BUT WE'RE STILL, I'M STILL SEEING A LOT OF POSTPONES.
AND I KNOW I POSTPONE, I SECOND TO POSTPONEMENT TONIGHT, BUT I JUST WANTED TO THROW OUT THERE, IF YOU THINK SOMETHING IS STILL GONNA BE VOTED NO NEXT MONTH, JUST GO AHEAD AND SAY NO.
UH, DON'T DO, I'M LOOKING VOTE DIRECTIONS, SIR.
I'M JUST THROWING THAT OUT THERE BECAUSE WE'VE BEEN LUCKY SO FAR WHERE, WHERE OUR AGENDAS HAVE BEEN KIND OF LIGHT, BUT IT IS NOT ALWAYS THE KEYS.
THERE WILL BE NIGHTS, WE'VE HAD NIGHTS WHERE WE'VE HAD 13, 14, 15, 18 PIECES WHERE WE'LL BE HERE EXTENDING THE TIME AND VICE CHAIR HAWTHORNE.
IT'S JUST SOMETIMES THEY CAN GO GET INFORMATION AND SOMETIMES, YOU KNOW, LIKE I KNOW THAT ELAINE IS AWESOME AND ELAINE TELLS PEOPLE YOU SHOULD GO WATCH A BOA MEETING.
YOU SHOULD SEE WHAT IT IS THAT THEY'RE LOOKING FOR.
YOU SHOULD LOOK AT OTHER PEOPLE'S APPLICATIONS.
BUT SOMETIMES THEY DON'T DO THOSE THINGS.
AND IF THEY REALLY CAN GET IT TOGETHER OR SEE THAT, YOU KNOW, I REALLY HAD ANOTHER WAY TO SOLVE THIS AND I CAN WITHDRAW THIS CASE IN THE KINDER WORLD, POSTPONEMENT IS IF I CAN'T SEE ANY WAY, IT IS VERY RARE FOR ME TO MAKE A DENIAL MOTION.
SO IF I CAN'T SEE ANY OTHER WAY, YEAH, I'M JUST GONNA PULL THE BANDAID.
BUT, AND AGAIN, I'M NOT SAYING YOU SHOULDN'T POSTPONE AT ALL, BUT IT'S NOT WHAT I'M ADVISING.
CUZ A LOT OF TIMES, ESPECIALLY ON THESE RESIDENTIAL CASES, THESE FOLKS NEED OUR HELP.
YOU KNOW, UH, IF THEY DON'T HAVE A FANCY ATTORNEY, YOU KNOW, REPRESENT THEM OR AN ARCHITECT TO HELP 'EM OUT.
SO A LOT OF TIMES THEY'LL BE DOING IT THEMSELVES, ESPECIALLY IF THEY'RE JUST TRYING TO COME INTO COMPLIANCE.
SO I'M JUST SEEING, BUT IF YOU THINK IT'S GONNA BE A NO, AND I'M NOT SAYING THAT TONIGHT'S CASE, NO.
AND, BUT IF IT'S GONNA BE A NO, FEEL FREE TO MAKE THAT, YOU KNOW, NO VOTE.
[11. Discussion regarding future training for board members]
REGARDING FUTURE TRAINING FOR BOARD MEMBERS.ALENE, DO I NEED TO CALL THE CITY CLERK AND FIND OUT WHY? SUDDENLY IT'S ACTUALLY, YOU KNOW WHAT I WANT HISTORY.
CAN I GET HISTORY FROM BOARD MEMBER BY NOLAN, VICE CHAIR HAWTHORNE? WE'VE USED THE BULLPEN ONCE WHILE I'VE BEEN ON THE BOARD FOR TRAINING AND SUDDENLY IT'S A PROBLEM ACCORDING TO THE CLERK'S OFFICE.
HAS THAT BEEN USED IN THE PAST THAT WE'VE USED THE, OR 5 0 5? UH, WE WOULD, WE WOULD, WE'VE USED THE BULLPEN IN THE PAST AND THEN WE'VE ALSO HAD THE MEETING ROOM AT 5 0 5 COURT AND SPRINGS AS WELL.
SO WERE, YOU HAVE THE PLANNING COMMISSION CODES AND ORDINANCES MEETING.
WE'VE DONE IT IN THIS CONFERENCE ROOM.
UM, I, I WENT THROUGH OUR OLD AGENDAS EVERY YEAR DURING COVID.
UM, IN 20 20 19 THERE'S AN ACTUAL SPECIAL CALLED MEETING ON THE AGENDA WITH, WITH AN AGENDA FOR IT.
AND THEN IN 2021, THE ONE WE HAD DURING COVID, THAT WAS VIA WEBEX, THE REMOTE ONE, BUT WITH IT STILL HAD A SPECIAL CALL MEETING LISTED.
DO WE NEED TO HAVE AN A OR HAVE, HAS THAT TRADITIONALLY BEEN DONE WHERE AN AGENDA HAD BEEN POSTED? IF YOU'RE, I MEAN IT'S THE, THE QUORUM.
SO IT DOES HAVE TO, IT HAS TO BE NOTIFIED AS A
[01:55:01]
MEETING.BECAUSE I MEAN, WE'RE ALL TOGETHER AND I MEAN PART OF IT IS, I'M SORRY.
I MEAN, YOU KNOW, DO YOU KNOW HOW MANY OF THESE TRAININGS I'VE BEEN TO? I MEAN 77
CUZ I WAS ON A, PROBABLY MORE CUZ I WAS ON ANOTHER BOARD.
OH, THAT'S, YEAH, A COUPLE OF THEM ACTUALLY.
SO, UM, IT'S A, IT'S A TEAM BUILDING THING AS MUCH AS IT DOES TRAINING THING.
SO IT'S, IT'S NOT JUST, I MEAN THERE'S INFORMATION ONLINE.
I MEAN, YOU COULD OPEN THE LAND DEVELOPMENT CODE, YOU COULD LOOK AT THINGS, YOU COULD, YOU KNOW, THERE'S A LOT OF THINGS YOU COULD DO, BUT PART OF IT IS THE TRAINING, BUT PART OF IT IS, YOU KNOW, LEARNING THE STAFF THAT'S AT THE CITY THAT'S GIVING YOU THE, THE PRESENTATION, THE ITEMS THAT WE FIND OF INTEREST THAT PERHAPS WOULD BE A GOOD TRAINING QUESTION FOR LEGAL REAL QUICK.
SO YES, TECHNICALLY IT'S A QUORUM, BUT IF WE'RE NOT DISCUSSING PUBLIC BUSINESS, DO WE HAVE TO NOTIFY THIS ERICA LOPEZ ASSISTANT CITY ATTORNEY? THE MEETING HAS TO BE OPEN TO THE PUBLIC TRAINING EVEN THOUGH IT'S TRAINING.
IF A MEMBER OF THE COURT IS PRESENT, UM, IT HAS TO BE OPEN TO THE PUBLIC.
AND ELAINE IS, IS AVAILABLE HERE THAT IT HAS BEEN OPEN TO THE PUBLIC, UM, IN PREVIOUS SESSIONS WHETHER OR NOT THE MEMBERS OF THE PUBLIC ATTENDED IS IT? OR COULD ATTEND, SAY, BY GETTING THROUGH A BADGED LOCKED DOOR? UM, I WILL SAY OVER ALL THE TRAINING THAT WE WENT THROUGH, THEY WERE SO EXCITING THAT NOBODY CAME EXCEPT FOR THE MEMBERS.
WELL, OKAY, HERE'S MY QUESTION THEN.
UH, WE HAD A, THE CITY CLERK'S OFFICE HELD A REFRESHER TRAINING SESSION FOR ALL BOARDS AND COMMISSIONS MEMBERS.
IF, AND WHICH DID HAPPEN, SIX OR MORE MEMBERS HAD SHOWED UP AT THE SAME TIME FOR THAT REFRESHER TRAINING CLASS.
THAT'S A QUORUM, RIGHT? SHOULDN'T THAT HAVE BEEN NOTIFIED? WELL, IT'S NOTIFIED, IT'S POSTED ON OUR WEBSITE AS AN AVAILABLE THAT WASN'T A MEETING, NOT NOTICE LIKE SOMETHING GOES OUT IN THE MAIL.
BECAUSE WHO, YOU GONNA NOTICE WHAT I MEAN WHEN I SAY NOTICE, I'M TALKING ABOUT POSTED AS AN AGENDA ON THE B C I C B C I C BOARDS AND COMMISSION INFORMATION, SOMETHING OR ANOTHER.
HERE'S, YOU KNOW, I DON'T VENMO, SO, UH, B C I C.
WHAT ARE YOU GOING TO, LIKE, WHAT, OKAY, I'M JUST SAYING IT HAS TO GET POSTED AS SOMETHING THAT'S HAPPENING.
WE'VE NEVER HAD ANYBODY SHOW UP FOR OUR TRAINING.
IT'S NEVER BEEN, BEEN POSTED BEFORE 2019 THAT I COULD FIND.
AND IT PROBABLY WAS POSTED IN 2019 BECAUSE OF COVID.
I DON'T KNOW THAT WAS PRE COVID.
I LIKE, I WENT BACK A DECADE AND I, I COULDN'T FIND ANY POSTERS FOR I I DID NOTICE THAT IN THE BACKUP THERE WAS SOMEBODY WHO HAD A BUNCH OF OLD VARIANCES IN THERE THAT MICHAEL AND I ARE ON FROM LIKE A LONG TIME AGO.
I WAS LIKE, WITH THE DECISION SEATS, I WAS LIKE, COULD YOU PUT OUR PICTURES BACK THEN WITH THE DECISION SEATS?
SO LANE, WHAT, WHAT DO WE NEED TO MAKE THIS HAPPEN? AND ACTUALLY, ACTUALLY TO BE FAIR, HONESTLY, HONESTLY, I REALLY DON'T KNOW.
UM, LIKE MELISSA HAS SAID, WE DID HAVE TO POST IT.
I WAS NEVER UNDER THE IMPRESSION OR GIVEN THE IMPRESSION THAT THE, IT WAS AN OPEN PUBLIC MEETING BECAUSE IT WAS JUST A REFRESHER TRAINING FOR THE BOARD MEMBERS.
I'M BEING TOLD NOW BY CITY CLERK'S OFFICE THAT IT WAS AND HAS ALWAYS BEEN OPEN TO THE PUBLIC.
UM, AND IF WE ARE GOING TO HAVE MORE THAN SIX BOARD MEMBERS, IT IS A CORPSMAN.
IT HAS TO BE OPEN TO THE PUBLIC AND MADAM CHAIR BOARD MEMBER.
AND I AGREE WITH EVERYTHING THAT ELAINE JUST SAID AND PRIOR TO ELAINE COMING ON BOARD DOING A FANTASTIC JOB.
AND WE EVEN HAD A FORMER CHAIRWOMAN WHO WAS OUR LIAISON FOR A WHILE.
AND THEN, I MEAN I CAN GO BACK FOUR OR FIVE LIAISONS.
NOBODY EVER MENTIONED IF IT WAS POSTED OR NOT.
WE JUST WERE TOLD SHOW UP AT THIS DAY AND HAVE A MEETING.
NOW THAT WE'RE AT THIS JUNCTURE, I DON'T SEE THE HARM IN POSTED YET.
I MEAN, IF SOMEBODY DOESN'T HAVE SOMETHING BETTER TO DO AND THEY WANT TO COME AND WATCH, WATCH THE TRAINING, IT, IT'S ALSO GOOD FOR THEM TO MAYBE LEARN SOMETHING NERDING OUT AT CITY HOME.
BUT IT'S NOT REALLY THE MOST MAYBE THE WANNA VOLUNTEER DECIDING THING THAT I THINK SOMEBODY'S
[02:00:01]
GONNA COME.I UNDERSTAND NOW THAT YOU KNOW THINGS THE WAY THINGS, AND I JUST HAD THIS QUESTION ASKED TO ME EARLIER TODAY.
THINGS OF THE WAY THE CITY COUNCIL AND THE WAY THE COMMISSIONERS DID THINGS IN THE PAST, YOU KNOW, HAVE CHANGED DRAMATICALLY.
AND SO, UM, TAKING IN THAT CONTEXT, I DON'T SEE WHERE IF POSTING IT IS REALLY GONNA HO DO ANY HARM, HARM.
I, I DON'T, IF SOMEBODY WANTS TO COME UP AND I UNDERSTAND WHY THEY'RE, THEY'RE WORRIED ABOUT THE WHOLE FORUM THING.
THEY'RE SAYING WE CAN'T MEET IN THE BULLPEN CORRECT.
UM, WHAT THEY ARE SAYING IS BECAUSE IT HAS TO BE A POSTED MEETING CUZ WE'RE HAVING A FORUM, WE CANNOT HAVE IT THIS TRAINING SESSION IN THE BULLPEN.
I DISAGREE WITH BECAUSE WE HAVE HAD TRAINING YES.
IN THE BULLPEN, BUT APPARENTLY, SORRY, I'M BEING TOLD, I'M BASICALLY NOT TELLING THE TRUTH.
UM,
IT HAS TO BE COUNCIL CHAMBERS, I THINK.
HOW DOES PLANNING COMMISSION CODES AND ORDINANCES HAVE A MEETING IN THAT ROOM BACK THERE? UM, WELL FIRST OF ALL, MELISSA AND ELAINE, I CAN VOUCH FOR YOU THAT I KNOW WE HAVE.
UNLESS NO DOUBT IN MY MILITARY MIND, I WAS THERE AT THE MEETING.
SO, YOU KNOW, IF THEY, THEY'RE TELL YOU, YOU KNOW, THEY'RE QUESTIONING YOU ON YOUR, UH, VALIDITY.
I'LL, I'LL CALL B******T ON THAT.
BUT WE HAVE MICHAEL, WE HAVE DONE IT OVER THERE.
UH, THREE, WHAT'S THAT? THREE, THREE TIMES THREE CRISIS.
THREE GOT THE THREE BLUE LIGHT.
BUT ANYHOW, UH, THE, THE, THE WHOLE, SEE THAT'S WHAT HAPPENS WHEN I START TALKING CONSTRUCTION AGAIN, MAN, I GET BACK OUT IN THE FIELD AND I MIGHT GO THAT IN A GUTTER.
MY WIFE TELLS ME THE SAME THING.
YOU'VE BEEN HANGING WITH THE GUYS IN THE FIELD OR WHAT? SO ANYHOW, NO, I JUST GOT BACK FROM BOA, BUT, UM, WHAT ABOUT 5 0 5 BARTON SPRINGS? WE USED TO HAVE THAT ROOM UPSTAIRS, THAT BIG TRAINING ROOM WHERE WE USED TO HAVE THERE ONE OR NO, THAT'S, WE CAN NO LONGER DO THAT BECAUSE THEY'RE HYBRID MEETINGS.
UM, NO, STEPHANIE WITH CITY CLERK'S OFFICE IS TELLING ME THAT WE CAN ONLY HAVE 'EM AT CITY COUNCIL CHAMBERS AT PDC, THE NEW AUSTIN ENERGY BUILDING OR H R D LEARNING RESOURCE CENTER.
THOSE ARE THE ONLY OPTIONS WE HAVE BECAUSE IT IS HYBRID.
WE CAN'T WHAT ABOUT THE B C ROOM ACROSS THE HALL? I'M SORRY, THE, THE BOARDS AND COMMISSIONS' ROOM ACROSS THE HALL FROM THE COUNCIL CHAMBER.
CAN WE DO IT THERE? UM, I'M ASSUMING I'M, HOLD ON JUST A MINUTE.
OR WE COULD JUST LET PEOPLE COME BACK TO THE BULLPEN IF THEY REALLY WANNA COME, BUT THAT WILL NEVER HAPPEN.
WELL HOW, HOW DOES THAT MEETING NOT OCCUR? I MEAN HOW DOES C OJC, I MEAN IT DOES, BUT YES, SO WE CAN DO CITY COUNCIL CHAMBERS, BOARDS AND COMMISSIONS MEETING ROOMS AND OR THE AUSTIN ENERGY BUILDING, THE PDC BUILDING OR THE H R D LEARNING RESOURCE CENTER.
WHERE'S THE HRD? YOU'RE TALKING ABOUT THE TAJ MAHAL OF, DO YOU KNOW THE TAJ MAHAL? THAT'S WHAT WE USED TO CALL IT WAS THE TAJ MAHAL BACK IN THE DAY.
NO, CUZ AUSTIN ENERGY IS MOVED TO MUELLER.
WELL, ELAINE, LET ME GET WITH YOU OFFLINE AND WE'LL FIGURE OUT WHERE WE'RE GONNA HAVE IT AND THEN WE'LL SEND OUT, UH, EMAIL TO EVERYBODY.
SPEAKING OF, DOES EVERYBODY HAVE THEIR EMAIL? EVERYBODY CAN LOG INTO THEIR EMAIL.
I REALLY NEED EVERYONE TO BE CHECKING THEIR EMAILS PLEASE.
UM, ALSO, ARE Y'ALL WANTING IT IN THE EVENING OR ARE Y'ALL OKAY WITH DURING THE DAY? I KNOW EVERYBODY HAS A JOB, BUT I'M JUST ASKING, UM, BECAUSE OF AVAILABILITY ONE TIME.
SOMETIMES THE EVENING'S NOT AVAIL AVAILABLE, SO I'M JUST NEEDING TO KNOW, DOES EVERYBODY PREFER THE EVENING OR ARE Y'ALL OKAY WITH A DAY TRAINING? I CAN'T DO GENERALLY A MORNING TRAINING EVER.
I I THINK DAY, I'M TALKING ABOUT LIKE PROBABLY AFTER LUNCH SOMETIMES.
YEAH, THE PAST USUALLY THE MORNING OR I'VE DONE IT SO I ALREADY HAVE A HARD TIME GETTING A MORNING.
I MEAN I'M ALL RIGHT IF YOU'RE DOING IT IN THE AFTERNOON, BUT LIKE I HAVE STUFF ON THE CALENDAR THROUGH SEPTEMBER.
THAT'S WHY I'M ASKING, THAT'S WHY I'M ASKING.
I'M LIKE A LITTLE POPULAR GIRL, SO, YOU KNOW, DO YOU REALLY NEED THE TRAINING? BUT YOU WANNA BE THERE FOR THE BOND, BUT WELL, WE, WHY DON'T WE SEE WE CAN, I DON'T, YOU KNOW, I NO I DON'T.
BUT IT'S A TEAM BUILDING THING.
THAT'S THE HELP POINT OF IT IS, YOU KNOW, ROW, ROW, ROW THE BOAT.
WE ALL GOTTA, AND I MEAN MICHAEL AND I COULD LIKE, UM, YEAH, WE INTRODUCE EVERYBODY HERE TO A COOL THING CALLED A DOODLE POLL.
[02:05:01]
UH, IT'S GONNA SEND AN EMAIL TO YOU WITH A LINK, CLICK ON IT AND IT'LL LET YOU CHOOSE OPTIONS FOR TIMES.I THINK YOU BETTER CHECK WITH LEGAL WHETHER YOU CAN DO THAT OR NOT.
AND ARE YOU KIDDING ME? THAT COMMENT FROM ELAINE ABOUT CHECKING THE EMAIL YOU DIRECTED AT ME? CUZ I'VE NEVER CHECKED THE DARN THING.
AND SHE'S ALWAYS SENDING ME AN EMAIL SAYING, MICHAEL CAN YOU PLEASE, YOU KNOW, CHECK EMAIL CAN EMAIL YOU.
PLEASE TELL ME DON'T YOU KNOW.
SO I TRY TO CHECK THEM, BUT YOU KNOW, DON'T WORRY EARLY ON WE GOT LOBBED SO MUCH.
I JUST LIKE, SHE SENDS 'EM TO ME TOO.
I'LL JUST SAY YOU'RE NOT THE ONLY ONE, MICHAEL.
IT IS 85% OF THE BOARD THAT DOESN'T CHECK THEIR EMAILS.
OKAY, LET'S MOVE ON TO ITEM 12.
UH, ELAINE AND I WILL PICK A DATE ON 11 AND GET BACK TO YOU ON THAT AND SUGGESTING TIMES ARE SOME TIMES END DATE.
[12. Discussion and possible action regarding working group for BOA Rules of Procedure and Bylaws]
DISCUSSION AND POSSIBLE ACTION REGARDING THE WORKING GROUP FROM B A RULES OR FOUR BLE RULES OF PROCEDURE AND BYLAWS.THIS IS CARRYOVER FROM LAST TIME.
WE DIDN'T HAVE THE APPROPRIATE LANGUAGE IN THE POSTING TO CREATE A WORKING GROUP TO CHANGE THE RULES OF PROCEDURE AND BYLAWS.
WE WERE TALKING ABOUT, UH, EITHER MAKING A BYLAW CHANGE TO ALLOW, UH, ALTERNATES, UH, CONTINUE TO SERVE FOR VACANT POSITIONS, WHICH WOULD TAKE A CODE AMENDMENT OR, OR SOME OTHER METHOD OF, UH, MAKING SURE THAT THERE WERE ALWAYS 11 BOARD MEMBERS PRESENT.
SO I THINK THERE WAS SOME INTEREST IN FROM BOARD MEMBERS WHO WANTED TO SERVE ON THAT WORKING GROUP.
I THOUGHT BOARD MEMBER SHARES.
I THOUGHT, I THOUGHT WE HAD MOVED TO, WE WERE GENERALLY INTERESTED IN TAKING A LOOK AT THE BYLAWS, BUT ON THAT PARTICULAR ISSUE, WE CAN'T CHANGE ANYTHING BECAUSE IT'S SET AT THE CONSTITUTIONAL LEVEL, LIKE A BYLAWS CLEANUP Y'ALL.
BUT YEAH, THINK, I THINK PEOPLE WERE STILL INTERESTED IN JUST YEAH.
DOING A CLEANUP OF THE BYLAWS.
OKAY, SO, SO INSTEAD OF SOMETHING SELF FOCUSED, MAYBE A LITTLE, BUT, UH, COMMISSIONER VAN Z MADE A VERY GOOD POINT THAT TO TAKE ON THE ENTIRE BYLAWS AND RULES AND PROCEDURES RIGHT.
AND AT OUR LAST MEETING SHE HAD SUGGESTED THAT WE COULD TAKE MAYBE SOME OF THE CRITICAL POINTS YEAH.
AND JUST ADDRESS THOSE OR ADDRESS THEM AND CLEAN THEM UP AS AS WE GO BECAUSE WE DON'T KNOW WHAT'S GONNA COME DOWN WITH THE NEW ZONING AND THE CHANGES THAT WE HAVE GOING ON, WHICH IS WHERE I WAS HEADED NEXT.
DID YOU HAVE A SUGGESTION ON, DOES ANYBODY HAVE A SUGGESTION ON THINGS THAT MIGHT NEED TO BE CLEANED UP OTHER THAN LIKE GENERAL BAD GRAMMAR AND DICTION? WE, WE WEREN'T DISCUSSING THE CODE INTERPRETATIONS, APPEALS APPEALS APPEAL PROCESS.
UM, THAT'S THE NEXT, THAT, THAT WILL BE THE NEXT ITEM.
YEAH, I THINK, I THINK MAYBE WE JUST TABLE THIS FOR NOW BECAUSE REALLY THE WHOLE REASON WE WERE TALKING ABOUT IT WAS THE, THE, UM, ALTERNATE ISSUE.
I THINK WE SHOULD FOCUS ON THE APPEALS QUESTION, WHICH IS A DIFFERENT AGENDA ITEM.
I'M ALMOST TO THE POINT WHERE IT'S LIKE I WANT LEGAL IN THE CLERK'S OFFICE TO TELL US WHAT QUORUM IS AT THE BEGINNING OF THE MEETING BEFORE WE DO ANYTHING
I, I MEAN NO OFFENSE, BUT IT'S, IT'S KIND OF ALMOST RIDICULOUS NOW.
OH, WHICH, THANK YOU FOR REMINDING ME.
WE'RE A SEMI JUDICIOUS BODY AND YOU KNOW, WE'VE HAD TOO MANY PEOPLE ON THE DS.
WE'VE HAD, UH, YOU KNOW, PEOPLE NOT HAVING GONE ALL THE WAY THROUGH TRAINING.
I MEAN, QUICK QUESTION FOR LEGAL.
UH, LAST TIME YOU HAD SAID THAT THERE, OR MAYBE NOT LAST TIME, TWO TIMES AGO, LEGAL HAD SAID THAT THE REASON THE SEAT WAS ABLE TO BE FILLED BY AN ALTERNATE FOR BOARD MEMBER NIL WAS BECAUSE HE RESIGNED.
BUT THEN LATER IT WAS CLARIFIED THAT WAS THERE WERE SOME EXCEPTIONS TO THE RULE AND IT TURNS OUT HE FILED THE NEXT DAY TO BE A LOBBYIST WITH THE CITY.
WOULD THAT HAVE IMPACTED HIS ABILITY OR OUR ABILITY TO KEEP PUTTING AN ALTERNATE IN THAT SPOT ON CARRYOVER? SO I, I'M GONNA HAVE TO THINK ABOUT THAT QUESTION.
IT'S, IT'S KIND OF A LITTLE DIFFICULT TO, TO ANSWER RIGHT AWAY, BUT THE, THE TOPIC THAT YOU ARE DISCUSSING IS WHETHER OR NOT TO CREATE A WORKING GROUP FOR THE RULES AND PROCEDURES.
UM, IF YOU WANT TO, I CAN RESPOND TO YOUR QUESTION IN A SEPARATE EMAIL CORRESPONDENCE OUT TO THE BOARD.
JUST CURIOUS TO KNOW CUZ WE'RE GONNA HAVE TO FIGURE THIS OUT ONE WAY OR ANOTHER.
WELL, AND IT'S, IT'S JUST BEING THAT WE'RE A SEMI JUDICIOUS BODY AND WE ARE
[02:10:01]
APPEALABLE TO DISTRICT COURT, I THINK IT KIND OF MATTERSWELL, I MEAN, I THINK WE NEED TO IDENTIFY THE ISSUE AND I THINK OKAY, YOU KNOW, IT IT IS IT THAT, YOU KNOW, WE NEED VERIFICATION FROM THE CLERK'S OFFICE OR IS IT WE NEED VERIFICATION FROM LEGAL OR, I MEAN, BUT SEE, AND THEN THAT TAKES US BACK TO THE WORKING GROUP.
IS THIS SOMETHING WE NEED TO CHANGE THROUGH OUR BYLAWS OR, RIGHT.
I MEAN, I THINK IT'S JUST A CONCERN BECAUSE, YOU KNOW, WHILE IT MAY BE ONE CASE OR IT MAY BE FIVE CASES, I MEAN IF YOU, IF SOMEONE PROBLEM IS THE APPEAL PERIOD IS X LONG.
SO IF YOU FIND OUT A YEAR LATER THAT WE WEREN'T DOING IT CORRECTLY, EVEN THOUGH WE THOUGHT WE WERE, THEN WHAT HAPPENS TO THE PEOPLE THAT MIGHT BE AGGRIEVED IF IT WOULD'VE JUST PASSED ANYWAY I MEAN, YOU, YOU DO THE VOTE COUNT AND TAKE OUT OR ADD OR WHATEVER.
AT THAT POINT, I MEAN, YOU KNOW, WE'RE TALKING ABOUT FOUR OR FIVE CASES, BUT IF FOUR OR FIVE CASES WHERE SOMEBODY WAS NOT SERVED WELL OR OVER SERVED, MAYBE MIGHT BE A GOOD WORD.
UM, YOU KNOW, THAT'S THE PROBLEM.
IT'S NOT A, IT JUST SEEMS LIKE IT CAN'T BE THIS HARD.
I THINK, UH, BOARD MEMBER SHERIFF STAN, I MEAN, IS IT, IS IT OUR RESPONSIBILITY TO ASSESS THAT? LIKE, ISN'T THAT LEGAL'S RESPONSIBILITY AND WOULDN'T THEY LET US KNOW IF WE WERE IN A SITUATION WHERE WE DIDN'T HAVE QUORUM? APPARENTLY NOT ONE WOULD THINK.
SO IF SOMEONE COULD APPEAL SOMETHING AFTERWARDS, UNFORTUNATELY, SO I'VE ALSO BEEN ON THE BOARD WHERE WE'VE HEARD A CASE THAT WENT TO DISTRICT COURT AND DISTRICT COURT DIRECTED IT BACK TO THE BOARD AFTER SOMEONE TRIED TO GET SOMETHING TO THE BOARD FOR TWO AND A HALF YEARS AND THEN DISTRICT COURT FOUND THE CITY NOT TO BE IN COMPLIANCE AND FORCED THAT CASE TO COME BACK TO PORT OF ADJUSTMENT.
SO HOW WOULD YOU KNOW IF YOU WERE IN GOOD, YOU KNOW, HOW WOULD, IF, IF SOMETHING GOT PASSED AND, AND THERE WAS A PROBLEM WITH THE VOTE COUNT, HOW WOULD YOU KNOW YOU WERE AGGRIEVED AND THAT COULD HAPPEN.
I MEAN, I'VE SEEN IT HAPPEN TWO AND A HALF YEARS FROM NOW, YOU KNOW? YEAH.
I JUST, I DON'T THINK WE, I GUESS I JUST FEEL LIKE WE DON'T NEED TO BE THE LAWYERS FOR THE BOARD OF ADJUSTMENTS.
IT'S WHY WE GET OUR OWN, WE'RE QUASI-JUDICIAL.
WE'RE DIFFERENT THAN EVERY OTHER SOVEREIGN BOARD.
SO YOUR ISSUE IS THAT LEGAL MISSED THIS, RIGHT? NO, MY IS, BUT THERE'S NO WAY TO FIX THAT.
I WANT TO MAKE SURE THAT WHOMEVER COMES BEFORE US IS AN APPLICANT GETS A FAIR HEARING AS WELL AS SUPERMAJORITY THAT ARE NOT, IS BASED ON THE NUMBER OF VACANCIES OR SEATS FILLED.
SO THE ISSUE IS THAT THE LAW IS TOO COMPLEX FOR US TO LIKE UNDERSTAND WHILE WE'RE ON THE DIOCESE AND APPLY.
IT'S A LITTLE, I THOUGHT, I THOUGHT LEGAL UH, GAVE US AN EMAIL ON THIS A WHILE BACK.
I THINK IT'S JUST HARD TO UNDERSTAND.
I MEAN, WOULD YOU, MAYBE WE CAN REQUEST A TRAINING THAT'S LIKE SOMETHING WE CAN ABSORB MORE.
WELL, I MEAN I THINK IT COMES MORE FROM, WE'VE HAD OPINIONS THAT ARE DIFFERENT FROM LEGAL, FROM THE CLERK'S OFFICE.
SO WHEN YOU DO SOMETHING AND THEN ALL OF A SUDDEN IT'S DIFFERENT AFTER YOU'VE BEEN DOING IT.
LIKE IT'S NOT, I MEAN YEAH, I CAN READ THAT WAS CLEAR.
BUT WHAT HAPPENED TO THE YEAR BEFORE OR THE YEAR BEFORE RIGHT.
WHEN IT WAS COMPLETELY DIFFERENT.
IT, IS IT REALLY THAT HARD TO TELL US? IT'S, IT'S A, WE'RE ONLY BOUND TO FOLLOW WHAT THE CURRENT, IT'S NOT THE STATUS OF THE LAW IS RIGHT FROM THE CITY.
I DON'T THINK WE'RE SUBJECT TO CITY LAW AS IT'S PRESENTED TO US.
SO, AND I'M GONNA INTERRUPT REAL QUICK CUZ I THINK WHAT WE'VE DONE IS WE'VE KIND OF STRAY INTO ITEM 14 HERE.
SO WE'RE JUST GONNA JUMP AND INCLUDE THIS CONVERSATION AS PART OF ITEM
[14. Discussion and possible action, including but not limited to bylaws changes, rules of procedure changes, and resolutions regarding board terms, vacancies, and use of alternates]
14, WHICH WE DID PUT ON THE AGENDA TO DISCUSS VACANCIES, BOARD TERMS, ALTERNATES.SO JUST, JUST SO WE'RE COVERED LEGALLY FOR DISCUSSING SOMETHING THAT WAS NOTICED.
UH, I'M OKAY WITH TABLING 12 FOR NOW.
IF NO ONE HAS ANY OBJECTIONS UNTIL I'M SURE THAT WOULD BE AWESOME.
[02:15:01]
A TIME THAT WE CAN DETERMINE WHAT WE WANNA CLEAN UP ABOUT RULES AND PROCEDURES.MAYBE I'LL GO THROUGH THEM MYSELF.
I I ALSO THINK TOO, YOU GOTTA HAVE TIME TO TRY 'EM ON AND, AND WE HAVE A LOT OF NEW MEMBERS AND, AND MAYBE, WE'LL MAYBE THEY'LL NOTICE SOMETHING THAT THEY SEE NEEDS TO BE FIXED.
COULD BE PART OF DON'T AND AND MENTION IT BE DISCUSSED COULD BE PART OF THE TRAINING.
IT'S NORMALLY BROUGHT IN DURING TRAINING AS WELL.
SO IT IN ORDER, IN ORDER FOR OUR NEW MEMBERS TO REALLY, TO BE ABLE TO ACTIVELY PARTICIPATE IN A MEANINGFUL WAY.
IT, THAT'S PART OF THE TRAINING PROCESS IS WE GO THROUGH OUR RULES AND PROCEDURES, ROBBERY RULES OF ORDERS, NOT JUST, WE DON'T JUST GO THROUGH THE ZONING AND ORDINANCES.
AND SO IN ORDER TO ADDRESS THIS, UH, ITEM 12, I THINK IT'S, UH, IMPORTANT THAT ALL OF OUR NEW MEMBERS AS WELL AS I'LL, I'LL GO, I WON'T HAVE NOTHING BETTER TO DO, BUT, UH, TO BE REFRESHED AND, AND TO UNDERSTAND WHAT ARE THE CURRENT RULES AND PROCEDURES.
I MEAN, SOME OF US HAVE BEEN UP HERE LONG ENOUGH THAT THEY'RE LIKE BRANDED IN OUR FOREHEAD, BUT, UH, AND BEFORE WE CAN DECIDE WHAT NEEDS TO BE CLEANED UP OR ADDRESSED OR AS COMMISSIONER VAN Z SAID, ISSUES THAT ARE CRITICAL, I THINK WE SHOULD ALL BE PRETTY COMFORTABLE AND KNOWLEDGEABLE ABOUT THEM.
AND, AND YOU KNOW, THE TRAINING MAY BE, THE TRAINING MAY BE MORE THAN ONE SESSION.
I MEAN IT'S, YEAH, WE'VE HAD SEVERAL.
IT'S A LOT TO COVER AND YOU KNOW, IT MAY BE IT MAYBE WE SHOULD DO MORE THAN, BECAUSE NOW WE TAKE ON THE LAKE ORDINANCE.
WELL, SO WE TAKE ON LAKE ZONING.
WE, HOW MANY, I MEAN, HOW MANY OF THE COMM THE CURRENT COMMISSIONERS ARE FAMILIAR WITH THE LAKE ORDINANCES HAVEN'T SEEN AND HOW THE ENVIRONMENTAL, THE ENVIRONMENTAL USED TO ALSO BE HANDLED BY SOMEBODY ELSE TOO.
AND NOW IT'S BECOME PART OF THE ORDINANCE.
IT'S PARTS AND NAVIGATION BOARD.
SO WE TAKE CARE OF SIGNS, WE TAKE CARE OF VARIANCES, WE TAKE CARE OF INTERPRETATIONS, WE TAKE CARE OF LANES LAKE, THE LAKE AND DOCKS AND THINGS OF THAT NATURE.
SO THAT, THAT IN, IN THE, EVEN THE, UH, THE UH, RULES AND PROCEDURES AND EVERYTHING ELSE CALL IT ALL TIES TOGETHER.
IT'S ALL PART OF THE TRAINING.
SO I, I MEAN PER, EVEN PERSONALLY MYSELF, I WOULD ENJOY HAVING A REFRESHER ON THE LAKES AND THE DOCKS AND THE ENVIRONMENTAL ASPECT OF IT.
SLOPE CATEGORIES AND NET SIDE AREA VERSUS GROWTH SIDE AREA SLOPE.
I MEAN I JUST, THE LAKE PORTION COULD JUST BE, YOU KNOW, ONE SLOPE LAKES.
JUST LAKES COULD PROBABLY BE CATEGORIES.
AND THEN IT'S UH, YOU KNOW, NET SIDE AREA VERSUS GROSS SIDE AREA AND BE GRAVEL.
WE'LL PROBABLY PULL THAT OFF THE AGENDA FOR NEXT TIME.
I MAY OR MAY NOT LEAVE ON THE AGENDA FOR NEXT TIME IF NO ONE HAS ANY OBJECTIONS.
[13. 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)]
AGAIN, WORKING GROUP.DO WE, DO WE WANNA TRY TO DO A WORKING GROUP TO WORK ON APPEALS? YOU KNOW, I STILL THINK IT'S A REALLY GOOD TOPIC AND I STILL THINK WE SHOULD AND I HOW SO ARE WE ONLY WAITING FOR ONE MORE BOARD MEMBER? YES.
D FOUR STILL HASN'T MADE AN APPOINTMENT, BUT THEY'RE WORKING ON IT AND THEY HAVE SOME GOOD NAMES.
THEY SAID I TALKED TO THEM TODAY.
WELL I THINK THAT, I DO THINK THAT IT IS SOMETHING THAT THE TRAINING AND THEN THE WORKING GROUP SHOULD KICK OFF AFTER THE TRAINING.
I MEAN, ONCE EVERYBODY KIND OF HAS MORE ORIENTATION TOO.
AND WE'VE ALREADY GOT FOUR NEW MEMBERS HERE NOW, SO I'D LIKE TO RIGHT.
GET THE TRAINING GOING SOONER RATHER THAN LATER.
SO WE'LL POSTPONE THAT ONE AGAIN ONE MORE TIME IF THERE'S NO OBJECTIONS.
[15. Discussion of future agenda items, staff requests and potential special called meeting and/or workshop requests]
ITEM 15.FUTURE AGENDA ITEMS, STAFF REQUESTS, POTENTIAL SPECIAL CALL MEETINGS, ANYTHING.
UM, I DON'T REMEMBER HOW THE GOING, YOU KNOW, YOU KNOW, WE'VE, WE'VE ADDED THE S STR LIMITATION ON A, A NUMBER OF, UM, OF VARIANCES AND I WAS JUST REALLY KIND OF CURIOUS OF HOW THAT'S ACTUALLY ENFORCED.
IF IT'S ENFORCEABLE, YOU KNOW, AND, UM, NEVER WE HAVE IT.
IT COULD JUST BE A, A DISCUSSION BETWEEN US OR SOMEONE ELSE TO EXPLAIN, EXPLAIN IT NEXT TIME.
YEAH, I CAN TO YOU ABOUT THAT AFTER THE, THE GENERAL CONSENSUS IS, IS THAT IF THEY, UNDER THE, UNDER THE CURRENT ORDINANCES, IF YOU'RE GOING TO BE, OR IF YOU'RE GOING TO HAVE ANTR, YOU'RE SUPPOSED TO REGISTER IT WITH THE CITY THAT THAT PERMIT WOULD BE DENIED IF THE BOARD OF ADJUSTMENT HASN'T PUT ANY NO T R CONDITIONS.
BUT WHERE, WHERE IS THE, DO YOU NEED TO PUT THAT ON THE AGENDA? OR IS YEAH.
AND, AND I WAS ABOUT TO SAY, WE'LL HAVE TO, SO ARE WE GETTING AGENDA
[02:20:01]
ITEMS FOR DISCUSSION? ARE WE GETTING IN TROUBLE? OKAY.JUST MAKING SURE STRS FOR NEXT TIME.
ENOUGH TROUBLE FOR DON'T, YOU KNOW, I CHECK EVERY HOUR AGAIN, WHY DON'T DO, INSTEAD OF STRS, WHY DON'T WE DO IT AS CONDITIONS? YEAH.
A DISCUSSION ON CONDITIONS THAT WE CAN LEGALLY PLACE ON CERTAIN, UH, VARIANCES.
I DEFINITELY, I'M CURIOUS HOW THAT'S ACTUALLY ENFORCED.
WELL, I THINK WE'LL GO OVER THAT IN THE TRAINING AS WELL.
ANY OTHER FUTURE AGENDA ITEMS? NO, I'M GOING TO VEGAS IN A FEW WEEKS.
WE TALK ABOUT IT WHEN I COME BACK.
THAT CAN BE ON THE, YOU WANNA TALK ABOUT YOUR UP HERE EVERY MEETING, YOUR SELF-SERVICE PASSWORD.
I, I GUESS WE MUST ALL WORE OUR OUT.
WHEN WE HAD TO ACTUALLY, ACTUALLY LOG INTO THE COMPUTER.
THERE'S A, AND SO NOW ALL OF A SUDDEN WE HAD SELF-SERVICE PASSWORD.
[Additional Item 1]
AGENDA ITEMS. ITEM 16, UH, REQUESTED BY OUR AMAZING BAR LIAISON DISCUSSION REGARDING THE SELF-SERVICE PASSWORD AND 90 DAY EXPIRATION.YOU SHOULD HAVE RECEIVED AN EMAIL FROM THE CITY CLERK'S OFFICE.
EVERYONE, UH, DISCUSSING THE 90 DAY, UH, PASSWORD EXPIRATION FUND.
FACT, YOU CAN CHANGE YOUR PASSWORD RIGHT HERE ON THE S BY LOGGING INTO ONE OF THESE COMPUTERS.
WELL, THERE'S A WHY, WHY DO YOU A REALLY COMPLICATED EXTERNAL PASSWORD CHANGE THING? DIDN'T MAKE IT EXPIRE EVERY 90 DAYS.
I CAN'T EVEN REMEMBER MORE, BUT I WASN'T GONNA MENTION IT CUZ I WANT PEOPLE TO COME IN HERE.
YOU LEARN SO MUCH BY STARING AN APPLICANT IN THE FACE.
WHAT? IT'S, UH, EVERY 90 DAYS IT'S GONNA EXPIRE EVERY 90 DAYS.
YOUR PASSWORD'S GOING TO EXPIRE.
I CAN YOU CHECK MY EMAIL ONCE OR TWICE DURING THAT TIME? ELAINE, DO YOU, DO YOU HAVE THAT EMAIL? THAT'S WHAT I WAS GONNA SAY.
NOT THIS CHECKING YOUR EMAILS BECAUSE YOUR PASSWORD WILL EXPIRE EVERY 90 DAYS AND YOU HAVE TO RESET IT.
SO I CAN'T USE THAT AS AN EXCUSE THAT I DIDN'T CHECK MY EMAIL.
SO WHAT THEY'VE DONE IS, IS THEY'RE USING OFFICE 365.
IT'S A MICROSOFT PRODUCT AND THEY'RE, THERE'S A LINK NOW THAT'S IN THAT EMAIL, MY SIGN IN MICROSOFT.COM THAT, UH, REQUIRES YOU TO CHOOSE TWO METHODS OF AUTHENTICATION.
OKAY, SO
THE AUTHENTICATOR CA APP IS A, A, AN EXTERNAL THIRD PARTY APP YOU CAN PUT ON YOUR PHONE, UH, THROUGH GOOGLE.
IT'S CALLED GOOGLE AUTHENTICATOR.
AND WHAT YOU DO IS YOU USE YOUR PHONE TO TAKE A PICTURE OF A QR CODE AND THEN IT ENTERS IT INTO YOUR PHONE.
AND BEFORE YOU CAN LOG, YOU'LL PUT YOUR USERNAME AND PASSWORD AND THEN YOU'LL HAVE TO PUT THE NUMBER THAT'S IN THE APP ON YOUR PHONE.
IT'LL, IT'LL TEXT YOU AS WELL BECAUSE YEAH, I DON'T, VENMO, COME ON.
I DON'T KNOW IF THE TEXTING IS GOING BOARD NUMBER VALENTINE.
SO I JUST, I MEAN, LITERALLY TODAY JUST DID THIS.
AND IF YOU GET STUCK, JUST ASK ME.
I'M ABLE TO GET INTO THE EMAIL.
AND I DIDN'T, I MEAN, YOU CAN, I DID YOU HAVE TO DO IT HERE? NO, I MESS IT.
I MEAN, I DON'T, I I LITERALLY, I HAVEN'T CHANGED MY PASSWORD YET.
SO WE'LL HAVE, THAT'S A DIFFERENT THING.
BUT I DIDN'T HAVE THE CITY OF AUSTIN EMAIL THIS MORNING.
I GOT ONE YEAH, THE EMAIL THIS AFTERNOON.
SO YOUR AND I HAD TO USE THE QR CODE AND A NUMBER AND IT WAS REALLY, IT'S NOT FINE.
SO IT WAS THOUGH I DID LOG IN HERE.
BUT THERE'S ALSO THE PASSWORD PORTAL, PASSWORD RESET.MICROSOFT ONLINE.COM.
SO IF YOU DO LOCK YOUR YOURSELF OUT, YOU CAN GO RESET YOUR PASSWORD AND UNLOCK YOUR ACCOUNT.
AND AGAIN, THAT'S COVERED ON THE EMAIL.
IF YOU HAVE A QUESTIONS, THE NUMBER FOR CTM, UH, THE CTM HELP DESK IS IN THERE, OR IF WE HAPPEN TO BE HERE, I CAN OPEN A TICKET FOR YOU.
ANY OF US CAN OPEN A TICKET FOR SOMEONE ELSE.
REALLY GOOD EXPLAINING THIS AND IT, YEAH, IT'S, IT'S VERY, VERY EASY.
YOU'RE GOING TO HAVE TO HAVE TWO FACTOR AUTHENTICATION AND, UH, YOU ARE GOING TO NEED TO RESET YOUR PASSWORD ON A REGULAR BASIS.
UH, SO MY 90 DAYS IS TICKING RIGHT NOW.
YEAH, IF YOU LOG INTO THE COMPUTER HERE, IT WILL TELL YOU WHEN YOU'RE GETTING CLOSE.
I'M NOT SURE WHAT THEY HAVE IS SET AT, BUT USUALLY IT'S WITHIN SEVEN TO 10 DAYS YOU'LL GET A NOTICE THING.
YOUR PASSWORD'S EXPIRING SOON.
UM, FOR CITY EMPLOYEES IT'S SEVEN DAYS.
SO IT STARTS NOTIFYING YOU AT SEVEN DAYS AND, AND IT DOES IT EVERY DAY UNTIL YOU CHANGE IT THE SIX DAY.
IF YOU STILL HAVEN'T CHANGED IT, IT'LL BE LIKE COMPUTER, THAT'S ONLY IF YOU'RE GONNA EXPIRE DAYS.
SO IT COUNTS DOWN EVERY DAY UNTIL YOU CHANGE THAT PASSWORD ONLY ON A CITY COMPUTER.
AND WE'RE ONLY GONNA SEE THAT IF WE'RE ON THE DIA.
SO JUST CHANGE YOUR PASSWORD EVERY THREE MEETINGS, IT'LL BE FINE.
[02:25:01]
UH, ITEM[Additional Item 2]
17, I SHOULD PROBABLY CHANGE MY PASSWORD WHILE I'M HERE.DISCUSSION AND POSSIBLE ACTION REGARDING THE BOARD'S ANNUAL INTERNAL REVIEW REPORT.
AND I THOUGHT I HAD TILL NEXT MONTH.
I'M NOT GONNA MISS IT THIS YEAR.
I'M ALREADY ON THE NAUGHTY LIST FROM LAST YEAR.
UH, OR I'LL HAVE IT TO BOTH Y'ALL LIKE BY THE END OF THIS WEEK, PROBABLY BY TOMORROW.
UH, ALL THIS IS, IT'S A REQUIREMENT FOR THE CHAIR TO, UH, KEEP TRACK OF ALL THESE THINGS THAT ARE IN OUR MONTHLY BOARD REPORT, WHICH IS SUPER AWESOME.
LIKE HOW MANY, UH, APPEALS DID WE HAVE? HOW MANY IN THE PAST YEAR FROM, UH, WHAT IS IT? JULY, 2022 TO JUNE, 2023.
HOW MANY POSTPONED, HOW MANY DENIES HOW MANY APPROVALS? AND IT JUST, IT, IT, IT LETS COUNCIL AND CITY STAFF DETERMINE HOW MUCH IS A BOARD OF COMMISSION ACTUALLY DOING.
SO IT'S, IT'S ONE OF THE WAYS WE ARE JUDGED.
ANY QUESTIONS ON THAT, QUIN? ALL RIGHT.
THE TIME IS 8:03 PM UH, THANK YOU EVERYONE.
THAT WOULD BE THE ONE THING THAT, THAT YOU'LL LEARN AT THE TRAINING IS NO MATTER WHAT IS ON THE AGENDA, YOU ACTUALLY HAVE TO TAKE AN ACTION ON EVERY ITEM ON THE AGENDA FOR THE MEETING TO END EVERY SINGLE ONE
SO WHEN YOU'RE STARING AT THE AGENDA, IT'S 8:03 PM THIS MEETING OF THE BOARD OF ADJUSTMENT IS HEREBY RIGHT ADJOURNED.