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[00:00:03]

EVERYONE, IT IS 5:37 PM ON JULY 10TH, 2023.

I HEREBY CALL

[CALL TO ORDER]

THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER.

WE HAVE A QUORUM GOING.

I'LL GO AHEAD AND CALL THE ROLL.

TOMMY YATES HERE.

JESSICA COHEN.

I AM HERE.

MELISSA HAWTHORNE.

SHE OUT HERE.

I'LL JUST WAIT ON HER FOR NOW.

BRIAN PETIT HERE.

MARCEL GARZA HERE.

WE USED TO BEING LAST HERE.

MARGARET SHETANI.

HERE.

RICHARD SMITH.

HERE.

JANELLE VANZANT.

HERE.

MICHAEL VAN OLEN HERE.

AND SUZANNE VALENTINE HERE.

WELCOME BOARD MEMBER VALENTINE.

CONGRATULATIONS ON YOUR APPOINTMENT.

OKAY.

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.

THIS IS HOW WE'RE TRACKED.

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.

ADDRESS THIS DIRECTLY.

UH, PARKING TICKETS.

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.

OKAY.

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.

THANK YOU VERY MUCH.

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.

IT'S KIND OF EXCITING.

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.

OKAY.

ITEM ONE,

[APPROVAL OF MINUTES]

APPROVAL OF THE MINUTES FROM THE BOARD OF ADJUSTMENT MEETING ON JUNE 12TH, 2023.

COMMENTS, MOTIONS.

ACTUALLY, HOLD ON.

BEFORE WE DO ANYTHING, I'D LIKE TO ADDRESS THAT BOARD MEMBER HAWTHORNE, SORRY.

VICE CHAIR HAWTHORNE HAS JOINED US ON THE NESS.

I, SO THAT HER VOTE COUNTS.

THAT'S IMPORTANT.

OKAY.

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.

TOMMY YATES.

YES.

JESSICA COHEN.

YES.

MARCEL GARZA HERE? UH, YES.

SORRY.

MELISSA HAWTHORNE.

I'M GONNA ABSTAIN.

OKAY.

QUIET.

BRIAN PETIT.

YES.

MARGARET ANI? YES.

RICHARD SMITH? YES.

JANELLE VAN Z? YES.

MICHAEL VAN OLEN? YES.

AND SUZANNE VALENTINE.

I'M GONNA ABSTAIN AS WELL.

OKAY.

STILL PASSES.

UH, BOARD MEMBER SHERIFF.

DONNIE? UH, DO YOU PREFER MARGARET OR MAGGIE? CUZ I'VE SEEN IT WRITTEN BOTH WAYS NOW.

MAGGIE, PLEASE UNDERSTOOD.

.

MOVING ON TO PUBLIC HEARINGS.

ITEM

[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.

SO WE'LL MOVE ON TO ITEM

[3. C15-2023-0023 Richard Mathias for Tom Blank 1205 Bickler Road ]

THREE.

ITEM THREE C 15, 20 20 3023.

RICHARD MATHIAS FOR TOM BLANK.

1205 BICKLER ROAD.

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.

ONE SEC.

I'LL GO AHEAD.

THERE WE GO.

AND I'M ASSUMING YOU'LL JUST, I I PROMPT YOU.

YOU'LL GO TO THE NEXT SLIDE.

THANK YOU.

OKAY.

YOU CAN GO AHEAD AND GO TO THE NEXT SLIDE.

OKAY, THAT LOOKS GREAT.

THANK YOU SO MUCH.

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 ON THE TCAD RECORDS.

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.

YOU CAN GO TO THE NEXT SLIDE.

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.

NEXT SLIDE, PLEASE.

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.

YOU CAN GO TO THE NEXT SLIDE.

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.

NEXT SLIDE PLEASE.

AGAIN, YOU CAN SEE THE ADJOINING PROPERTY TO THE SOUTH OF US BUILT ON THE PROPERTY LINE, ESSENTIALLY.

NEXT SLIDE.

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.

NEXT SLIDE, PLEASE.

THAT ONE'S NOT ON THE PROPERTY, BUT TWO OR THREE FEET OFF OF IT.

SIDE YARD.

NEXT SLIDE PLEASE.

AND I'M JUST, YOU CAN SEE THE GARAGE IN THE BACK THERE.

THAT'S ON THE PROPERTY LINE, THE SIDE YARD.

NEXT SLIDE, PLEASE.

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.

OKAY.

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.

THIS IS A CARPORT.

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.

ALL RIGHT.

THAT'S THE LONG AND SHORT OF IT.

SO, , THANK YOU SO MUCH.

I'D BE HAPPY TO ANSWER ANY QUESTIONS.

IS THERE ANY OPPOSITION? OKAY, LET'S CLOSE THE PUBLIC HEARING.

OPEN IT UP TO QUESTIONS.

I SAW BOARD MEMBER VON OLEN FIRST.

OKAY.

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.

YES.

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.

UH, I DO NOT.

UM, OKAY.

IT NEVER DAWNED ON ME TO PROVIDE YOU THAT.

UH, AND I DO APOLOGIZE.

OKAY.

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 SAID I, EXCUSE ME.

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.

UH, DESCRIPTION.

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.

IT'S JUST NOT COOL.

YOU KNOW WHAT I'M SAYING? I UNDERSTAND.

OKAY.

UH, MADAM CHAIR, IF I'M FINE AND I'LL MAKE A MOTION TO APPROVE.

SECOND.

OKAY.

WE HAVE A MOTION TO APPROVE MADE BY BOARD MEMBER ON OLIN.

SECONDED BY VICE CHAIR HAWTHORNE.

UH, MORE DISCUSSION QUESTIONS.

BOARD MEMBER.

STAN, WHAT'S THE CURRENT PARKING SITUATION? THEY'RE JUST PARKING OUT FRONT.

THEY'RE PARKING ON THE SIDE WHERE THE CARPORT WOULD GO.

GOTCHA.

IT'S JUST NOT COVERED.

IT'S JUST NOT COVERED.

AND THAT'S WHAT THEY'RE TRYING TO DO.

YOU GOT IT.

KEEP IT OUT OF THE HOT SUN.

YEAH.

THANK YOU.

SURE.

THANK YOU.

UH, QUICK QUESTION.

IS THERE A SLAB ALREADY THERE? I'M TAKING IT.

NO, THERE'S NOT.

SO IT WOULD INCREASE IMPERVIOUS COVER.

DOES THAT AFFECT? UH, IT WILL NOT.

IT WILL NOT.

OKAY.

THAT'S CORRECT.

OTHER QUESTIONS? OR MEMBER SMITH OR EIGHTS? NO.

YOU GUYS GOOD?

[00:15:01]

OKAY.

I'M GONNA CALL THE VOTE REASON.

GO AHEAD.

READ.

OH, WAIT, WAIT.

UH, SORRY.

HANG ON ONE SEC.

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.

OKAY.

MY SECOND STANDS.

OKAY.

REASONABLE USE.

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.

TREES LOCATED ON THE LOT.

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.

MADAM CHAIR.

OKAY.

AGAIN, THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER BY OLIN.

SECONDED BY BOARD MEMBER HAWTHORNE.

CALL THE VOTE.

TOMMY YATES.

YES.

JESSICA COHEN.

YES.

MARCEL GARZA? YES.

MELISSA HAWTHORNE.

YES.

BRIAN POIT? YES.

MAGGIE SHETANI.

YES.

RICHARD SMITH? YES.

JANELLE VANZANT? YES.

MICHAEL VAN OLEN? YES.

AND SUZANNE VALENTINE? YES.

OKAY.

CONGRATULATIONS.

YOUR VARIANCE HAS BEEN GRANTED.

THANK YOU.

BOARD MEMBER.

HAVE A GOOD EVENING.

NEXT WILL

[4. C15-2023-0025 Charles Dunigan for Paul Le 6506 Hergotz Lane]

BE ITEM FOUR C 15 20 23 0 2 5.

CHARLES DUNNIGAN FOR PAULINE.

65 0 6 HERTS LANE.

IS MR. DUNNIGAN VIRTUAL DIANA OR ELAINE? YES.

HE IS VIRTUAL.

MM-HMM.

, DO WE HAVE HIM ON THE LINE? MR. DUNNIGAN, DO YOU UNMUTE YOURSELF? I'M, I'M HERE.

CAN YOU HEAR ME? YES, SIR.

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.

ALL RIGHT.

GOOD EVENING, COMMISSIONERS.

MY NAME IS DANIEL DUNNIGAN.

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.

UM, AND ON THE SECOND ROUND

[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.

NEXT SLIDE.

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.

UH, NEXT SLIDE.

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.

THANK YOU.

THANK YOU VERY MUCH.

IS THERE ANY OPPOSITION? LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.

OPEN DISCUSSION BOARD MEMBERS QUESTIONS.

BOARD MEMBER CHAIR.

STAN.

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.

GOT IT.

THANK YOU.

BOARD MEMBER VAN NOLAN.

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.

IS THAT CORRECT? CORRECT.

I'LL MAKE A MOTION TO APPROVE.

I'LL SECOND.

I HAVE A MOTION TO APPROVE MADE BY BOARD MEMBER VAN NOLEN.

SECONDED.

THAT'S BY VICE MADAM CHAIR, BUT THAT, THAT'S WITH A NO MORE THAN A 0.4 F A R.

RIGHT.

WITH VICE CHAIR HAWTHORNE, UH, WITH THE CONDITION OF A 0.4 F A R.

OKAY.

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.

9 43 B HARDSHIP.

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.

OKAY.

AGAIN, THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER VON OLIN.

SECONDED BY VICE CHAIR HAWTHORNE.

LET'S CALL THE VOTE.

TOMMY S YES.

JESSICA COHEN.

YES.

MARCEL GARZA.

YES.

MELISSA HAWTHORNE.

YES.

BRIAN POIT.

YES.

MAGGIE STAI.

YES.

RICHARD SMITH? YES.

JANELLE VANZANT.

YES.

MICHAEL VAN OLEN? YES.

AND THAT IS WITH THE 0.4 F A R? CORRECT.

WITH THE CONDITION OF 0.4 F A R? YES, MA'AM.

AND SUZANNE VALENTINE? YES.

OKAY.

CONGRATULATIONS, SIR.

YOUR VARIANCE IS GRANTED.

HAVE A GREAT EVENING.

THANK YOU.

NEXT TO THE ITEM FIVE C 15, 20, 23 0, 0, 25.

CHARLES DUNNIGAN, OR WHOOPS, I AM READING THE WRONG THING.

LET'S TRY THAT AGAIN.

[5. C15-2023-0026 Perry Hunt for Bilal Khan 15 Margranita Crescent]

C 15 20 23 0 0 2 6.

PERRY HUNT FOR BILAL KHAN.

15 MARGARITA CRESCENT.

MADAM CHAIR, THIS LIAISON, UH, BILAL WILL ACTUALLY BE PRESENTING THIS CASE AND SHE IS VIRTUAL.

OKAY.

GIVE US JUST A MOMENT.

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.

WE CAN HEAR YOU NOW.

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.

OKAY.

AND MY FIRST LIGHT IS UP THERE BECAUSE I CAN'T SEE IT.

I APOLOGIZE.

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.

OKAY.

OKAY.

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.

UH, NEXT SLIDE PLEASE.

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.

NEXT SLIDE, PLEASE.

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, PLEASE.

UH, NEXT SLIDE PLEASE.

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.

NEXT SLIDE PLEASE.

THE PARKING, THERE'S NO ISSUE WITH THE PARKING, SO I'LL JUST MOVE ON.

NEXT SLIDE, PLEASE.

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.

AND IT WORRIES ME.

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.

NEXT SLIDE, PLEASE.

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.

NEXT SLIDE, PLEASE.

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.

UH, CURRENTLY THE HOUSE.

UH, NEXT SLIDE PLEASE.

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.

NEXT SLIDE, PLEASE.

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.

NEXT SLIDE, PLEASE.

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.

UM, THAT'S ALL I HAVE.

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.

OKAY.

THANK YOU VERY MUCH.

THANK YOU.

IS THERE ANY OPPOSITION? PLEASE COME TO THE PODIUM.

STATE YOUR NAME FOR THE RECORD

[00:35:01]

AND YOU'LL HAVE FIVE MINUTES.

GOOD EVENING.

UH, GOOD EVENING, MADAM CHAIR.

MEMBERS OF THE BOARD.

UH, MY NAME IS BLAKE ETTE.

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.

BASICALLY.

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.

BUT I'M NOT AN ENGINEER.

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.

THANK YOU FOR YOUR ATTENTION.

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.

SO THANK YOU, .

IT'S ONE WORD FOR IT.

THANK YOU.

OKAY.

SENT BACK TO OKAY, APPLICANT.

MR. CON, YOU WILL HAVE TWO MINUTES FOR REBUTTAL.

OKAY.

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.

I CANNOT REPLACE THAT SLAB.

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'VE LITERALLY FAILED.

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.

OKAY, DR.

KHAN, YOUR TIME IS UP, SIR.

OKAY.

OKAY.

OKAY.

THANK YOU.

WE'RE GONNA GO AHEAD AND CLOSE THE PUBLIC HEARING.

MADAM CHAIR, I'M GONNA START WITH BOARD MEMBER VAN NOLAN.

OKAY.

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.

I'VE FIRED HIM IMMEDIATELY.

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.

AND YOUR PROBLEM IS SOLVED.

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.

I DON'T SEE A HARDSHIP.

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.

THOSE ARE DESIGN DECISIONS.

FA R VARIANCES ARE VERY HARD.

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.

OKAY.

DO I HAVE A SECOND? DO SECOND.

I'M GOING.

OKAY.

SECOND.

BY BOARD MEMBER VAN NOLAN.

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.

AGREE.

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.

BOARD MEMBER SMITH.

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.

UH, YES SIR.

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.

YES, SIR.

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.

YEAH.

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.

IT'S LIKE, OH, I'M SORRY.

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.

I REALLY DO.

THIS IS WHAT HAPPENS.

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.

I I AM I JUST, RIGHT.

BUT I MEAN, CAN'T SUPPORT IT.

IT'S NOT A REAL HARDSHIP.

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.

THAT'S KIND WHAT I WANTED.

BUT YOU TOOK AN EXEMPTION.

IT WAS

[00:50:01]

A DESIGN CHOICE YOU MADE AND NOW YOU JUST WANT, YOU KNOW, EVERYBODY ELSE TO SUCK IT UP.

I'M SORRY.

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.

UH, YEAH.

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.

OKAY, THERE WE GO.

I'LL JUST LEAN FORWARD.

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.

UH, AND UH, DR.

KHAN, I DON'T KNOW IF HE WAS THE FIRST OWNER, WHICH I THINK HE IS, THAT HE WAS 2019.

I'M THE FIRST OWNER.

OKAY, THANK YOU.

OKAY.

SO 2019.

OKAY.

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.

RIGHT.

UH, HE CAN ASK FOR RECONSIDERATION IF IT'S WITHIN SORT OF, WITHIN LIKE 10 DAYS.

YEAH.

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.

MM-HMM.

, WHAT I'M HEARING IS YOU WOULD BE POSTPONE ASKING FOR A SUBSTITUTE MOTION, LIKE A MOTION TO POSTPONE.

I, I MEAN, BECAUSE RIGHT NOW, JUST LOOKING AT THE ROOM, YOU DON'T HAVE THE VOTES FOR AN APPROVAL.

YEAH.

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.

HE TOOK IT OVER IN 2019.

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.

I DON'T KNOW.

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.

OKAY, NO PROBLEM.

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 MOTION, MOTION.

MOTION.

I'M GONNA MAKE A SUBSTITUTE MOTION TO POSTPONE TO AUGUST OR SEPTEMBER.

LET'S GO SEPTEMBER AND THAT WOULD BE THE 11TH.

OKAY.

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.

YEAH.

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.

OKAY.

OKAY.

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.

I

[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.

ABSOLUTELY.

ABOUT OVER TWO YEARS AGO.

UM, AND, AND WE HAVE TRIED ALL THE THINGS THAT YOU HAVE SAID, BUT YES, TWO YEARS AGO.

YEAH.

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.

SO JUST KEEP THAT IN MIND.

AND ANYONE ELSE WHO OWNS A HOME, KEEP THAT IN MIND.

OKAY.

ALL RIGHT.

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.

MY APOLOGIES.

I KNEW THAT.

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.

TOMMY EIGHTS.

YES.

JESSICA COHEN.

YES.

MARCEL GARZA.

YES.

MELISSA HAWTHORNE.

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.

YES.

WHY? I SAID BY MICHAEL MARK, MAGGIE SHARE SUNNY, UH, YES.

YES.

RICHARD SMITH.

YEAH.

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.

MEMBER BENZA? YES.

UH, MICHAEL VAN NOLAN.

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.

HE'S EDUCATED.

HE IS A VERY INTELLIGENT MAN.

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 CAN'T SUPPORT IT.

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.

THERE'S, THERE'S NO WAY.

NOT WITH, UH, THE EXEMPTION ALREADY.

SO I'M GONNA HAVE TO BE A NO ON THIS ONE.

OKAY.

AND SUZANNE VALENTINE? I VOTE YES.

YES.

OKAY.

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.

OKAY.

OKAY.

THE VOTE IS EIGHT FOUR TO AGAINST THE MOTION TO POSTPONE PASSES TILL SEPTEMBER 11TH, DR.

SEPTEMBER 11TH.

UH, 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.

OKAY? WILL DO.

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.

NO, NO.

BUT THEY MIGHT HAVE A GOOD IDEA.

I MEAN, THEY'RE REAL NICE PEOPLE AND THEY ARE, AND THEY'VE GOT A ARCHITECTS AND