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[00:00:04]

AND GENTLEMEN, IT

[CALL TO ORDER]

IS 5:41 PM I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER.

WE HAVE A QUORUM.

I'M GOING TO CALL THE ROLL.

SORRY.

DIDN'T MEAN TO CUT YOU OFF, MELISSA.

I'M JUST WAS ENTERTAINING MYSELF UNTIL WE START.

YOU ARE ENTERTAINING.

ME TOO.

OKAY.

TOMMY'S WELL.

TOMMY'S HERE.

TOMMY, I CAN SEE YOU, BUT I CAN'T HEAR YOU.

DO YOU HAVE, IF YOU TAP, CAN YOU TRY YOUR MIC ONE MORE TIME? UH, HERE.

OH, THERE YOU GO.

PERFECT.

PERFECT.

THANKS, TOMMY.

JESSICA COHEN.

I AM HERE.

MARCEL GARZA.

HERE.

MELISSA HAWTHORNE HERE.

WELCOME TO OUR NEWEST APPOINTMENT BOARD MEMBER YOUNG JU KIM.

WELCOME HERE.

THANK YOU.

BRIAN PETITE HERE.

UM, MAGGIE CALLED OUT.

ELAINE, SHE'S SICK.

OKAY.

SHE WAS JANELLE VAN HERE.

MICHAEL VON OLIN HERE.

AND KELLY BLOOM HERE.

SUPER.

SO THIS IS 2, 3, 4, 5, 6, 7, 9 RIGHT OUT OF 10.

GOOD ENOUGH.

HAVE ALL THE BOARD MEMBERS ON THE DIOCESE SIGNED THE SIGN-IN SHEET? YEAH.

EVERYBODY'S GOOD.

SUPER.

OKAY.

JUST SOME QUICK HOUSEKEEPING NOTES FOR THE SIX OF US OR SO.

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

IF YOU HAVE ANY QUESTIONS, WAIT TILL TOMORROW AND EMAIL OR CALL ELAINE THE BOARD LIAISON.

UH, WHEN YOU'RE ADDRESSING THE BOARD, PLEASE SPEAK DIRECTLY TO THE BOARD MEMBERS.

DO NOT SPEAK TO ANYONE IF THERE'S ANY OPPOSITION OR ON THE SIDE OF YOU.

UM, YOUR PARKING VALIDATION IF YOU PARKED IN THE PARKING GARAGE BELOW CITY HALL, OVER BY THE DOOR THERE, THERE ARE SOME LITTLE SLIPS OF PAPER WITH A QR CODE ON THEM.

MAKE SURE YOU GRAB ONE OF THOSE.

WHEN YOU GO OUT, YOU SCAN YOUR TICKET AND THEN YOU SCAN THE LITTLE PIECE OF PAPER WE HAVE IN HERE AND YOUR PARKING'S VALIDATED.

OKAY.

SO FOR EVERYONE WHO IS GOING TO BE GIVING TESTIMONY TONIGHT, I NEED YOU TO PLEASE STAND TO TAKE YOUR OATH.

T ONE.

OKAY.

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

THANK YOU VERY MUCH GUYS.

OKAY.

WE'LL BE STARTING WITH ITEM ONE, THE, OR IS THERE ANY PUBLIC COMMUNICATION? NO.

OKAY.

SORRY.

UH, STARTING WITH ITEM

[APPROVAL OF MINUTES]

ONE, APPROVAL OF MINUTES FROM JULY 10TH, 2023.

MOTION TO APPROVE? YES.

OKAY.

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

SECOND.

SORRY.

VICE CHAIR HAWTHORNE WITH A SECOND FROM BOARD MEMBER V O.

ANY DISCUSSION? OKAY, LET'S CALL THE VOTE.

TOMMY YATES.

YES.

JESSICA COHEN.

YES.

MARCEL GARZA.

YES.

MELISSA HAWTHORNE.

YES.

YOUNG J KIM? YES.

BRIAN POTE? YES.

MARGARET? OH, NOPE, SHE'S NOT HERE.

OOPS.

JANELLE VAN Z? YES.

MICHAEL V. NOLAN? YES.

AND KELLY BLOOM? YES.

SUPER.

OKAY.

AND I'M SORRY I DIDN'T ASK THIS OR, UH, EARLIER BOARD MEMBER KIM HAS, HAVE YOU BEEN SHOWN HOW TO USE THE MICROPHONE AND HOW TO SWITCH BETWEEN THE ROOM AND THE POLICING? WE TRY, YEAH.

MARCEL, REMEMBER MARCEL SHOWED ME.

SUPER.

THANK YOU.

THANKS.

OKAY,

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

ITEM TWO.

DISCUSSION OF STAFF AND APPLICANT REQUEST FOR POSTPONEMENT AND WITHDRAWAL OF PUBLIC HEARING CASES POSTED ON THE AGENDA.

WE HAVE TWO POSTPONEMENTS.

UH, I THINK IT'S, UH, ITEM SIX AND EIGHT.

THAT WILL BE ITEM SIX C 15, 20 23, 0, 0, 3, 4, 5, 1, 1.

[00:05:06]

LANSING DRIVE POSTPONING TILL 9 11 20 23.

AND ITEM EIGHT C 15, 20 23 0, 0 2, 7 1 3 0 5 SOUTH SIXTH STREET.

ALSO POSTPONING TILL SEPTEMBER 11TH, 2023.

SO ITEM SIX NEEDS TO BE RE NOTIFIED.

THE POSTING LANGUAGE IS FLIPPED.

IT'S FLIPPED.

SO THE, THE ACTUAL RESULT IS A FIVE FOOT STEP BACK, BUT WHAT IS POSTED IS A 20 FOOT STEP BACK.

FOOTSTEP BACK.

YEAH, I SAW THE TWO.

I WASN'T SURE ABOUT THAT.

SO I DON'T THINK THAT THAT IS CLEAR TO THE APPLICANT.

UM, I THINK THAT THE APPLICANT BELIEVES POSTING LANGUAGE IS SUFFICIENT AND I JUST WANTED TO SAY IN THE MICROPHONE THAT IT IS NOT, AND IF IT'S NOT RE NOTIFIED THAT WE WILL NOT BE ABLE TO HEAR THE CASE AND ITS CURRENT CONFIGURATION.

ELAINE, COULD YOU PLEASE PASS THAT ON TO THE APPLICANT? ELAINE HAS PASSED THAT ON.

OKAY.

I, I AM THINKING THAT SHE NEEDED BACKUP THAT SOMEONE ELSE BESIDES ELAINE, IT WILL NEVER PASS IT THE WAY IT'S SUPPOSED TO BE.

SUPER.

AND WE'VE, UH, MAYBE HAVE WE, UH, REFERRED HER TO, UH, SITE REVIEW, GO TO D S D, GET SOME FREE HELP.

WELL, YOU KNOW, IT, IT JUST, SOMETIMES PEOPLE ARE PEOPLE, UM, SO I THINK ELAINE JUST NEEDED SOMEBODY TO SAY IT BESIDES HER, SO I DID SUPER.

OKAY.

SO SIX AND EIGHT.

I HAVE A MOTION, MOTION TO POSTPONE ITEM SIX AND EIGHT TILL SEPTEMBER 11TH, WHICH FEELS REALLY WEIRD TO BE HAVING A PUBLIC HEARING ON SEPTEMBER 11TH.

I'VE ASKED TO PUT UH, ANNOUNCEMENTS BACK ON THE AGENDA, AT LEAST FOR THAT NIGHT.

WE CAN HASH IT OUT WITH THE CLERK LATER 'CAUSE SOMETHING SHOULD BE SAID.

OKAY.

POSTPONE.

OKAY, SO DO I HAVE A SECOND? MICHAEL VON NOLAN.

OKAY, THIS IS A MOTION TO POSTPONE ITEM SIX AND EIGHT TO SEPTEMBER 11TH, 2023.

TOMMY YATES? YES.

JESSICA COHEN.

YES.

MARCEL GARZA.

YES.

MELISSA HAWTHORNE.

YES.

YOUNG CHEM? YES.

BRIAN PETITE.

YES.

JANELLE VAN ZANT? YES.

MICHAEL NULIN? YES.

AND KELLY BLOOM? YES.

SUPER.

ANOTHER QUESTION I SHOULD ASK BOARD MEMBER.

KIM, AM I PRONOUNCING YOUR NAME CORRECTLY? YES.

OKAY.

LAST NAME.

KIM.

UM, FIRST NAME? Y J.

YEAH, JUST MAKING SURE.

THANK YOU.

OKAY, MOVING ON.

WE'RE GONNA GO TO, WHERE DID YOU THE VERTICAL ONE GO? HOW

[3. C16-2023-0003 Shana Gardner for Marco Veneziano 2270 Guadalupe Street]

DID JUST SIGN ITEM NUMBER THREE THERE? IT'S ITEM THREE C 16, 20 23 0 0 0 3.

SHANA GARDNER FOR MARCO ANO ANO HOPEFULLY DIDN'T BUTCH THAT TOO BADLY.

2, 2 7 0 GUADALUPE STREET.

.

WHY DID I LOOP IT WHILE THAT'S REALLY, UH, IT'S THE APPLICANT IN PERSON.

OH, COME ON UP TO THE PODIUM.

WE'LL GO AHEAD AND PULL YOUR PRESENTATION UP AND THEN I'LL READ.

IS THIS FOR, UH, EIGHT TWO EIGHT CALL AND TRACE? NO, THIS IS FOR 2270 GUADALUPE STREET.

OH, OKAY.

I'M SORRY.

SHANA GARDNER.

IS SHE ON THE PHONE OR MAYBE WEBEX? NO.

DO WE HAVE ANYONE FOR THE SIGN VARIANCE CASE FOR FOXTROT ON THE PHONE? ELAINE, BY CHANCE, DO YOU KNOW IF THEY WERE COMING IN PERSON OR DIALING IN ON THE PHONE? THOMAS HOBBS, CAN YOU UNMUTE YOURSELF?

[00:10:08]

OKAY.

CAN EVERYBODY HEAR ME NOW? YEAH, WE CAN HEAR YOU NOW HEAR.

OKAY, GREAT.

THANK YOU.

UH, WE DO HAVE YOUR PRESENTATION SPEAKING.

SORRY, ONE SEC.

WE HAVE THE PRESENTATION PULLED UP.

IT'S GONNA BE ABOUT A 32ND DELAY FROM WHEN YOU SEE IT AS OPPOSED WHEN WE SEE IT.

SO IF YOU JUST SAY NEXT SLIDE, WHEN YOU'RE READY TO GO TO THE NEXT SLIDE, I'LL MAKE SURE IT ADVANCES FORWARD.

OKAY.

SO STATE YOUR NAME.

SURE, THAT SOUNDS GREAT.

STATE YOUR NAME FOR THE RECORD, PLEASE AND YOU'LL HAVE FIVE MINUTES.

THANK YOU.

MY NAME IS THOMAS HOBBS AND I'M WITH, UH, ION ART SPEAKING ON BEHALF OF SHAYNA GARDNER AND OUR CLIENT FOXTROT MARKET.

AND, UM, JUST REALLY QUICKLY, UH, LADIES AND GENTLEMEN ON THE BOARD, I'M JUST IN FRONT OF YOU TODAY TO, UM, TALK ABOUT AND ASK FOR A VARIANCE FOR ILLUMINATED SIGNAGE.

UH, IT'S SECTION H OF THE UNIVERSITY AND NEIGHBORHOOD OVERLAY ZONING DISTRICT, UH, PORTION OF THE SIGN CODE.

UM, DONE THIS BEFORE, UH, DOING IT AGAIN TODAY, HOPEFULLY TO GET A VARIANCE FOR OUR CLIENT.

UH, I'LL QUICKLY GO THROUGH THE SLIDE.

UH, PRESENTATION ONE OR THE COVER SHEET JUST KIND OF SHOWS OUR CLIENT'S BRANDING, WHICH IS PRETTY UNIVERSAL TO AUSTIN.

THE, UH, GUADALUPE LOCATION IS GONNA BE THE FOURTH LOCATION THAT OPENS.

NEXT SLIDE.

THE PRE THIS THE APPROVED SITE PLAN, UH, OVER NEXT, UH, UNIVERSITY CO-OP, UH, KIND OF SHOWS YOU THEIR SECTION OF THE BUILDING, UH, WHICH IS NOW ADDRESSED AT 20 TO 70 GUADALUPE.

NEXT SLIDE.

HER PHOTO'S TAKEN, UH, TIME OF ACQUISITION BY OUR CLIENT.

UH, ELEVATIONS LOOK A LOT DIFFERENT NOW.

EVERYTHING'S BEEN RENOVATED.

UM, AND SO JUST TO KIND OF GIVE THE BOARD AN OVERVIEW OF THE BUILDING, UH, THAT MY CLIENT AND I ARE WORKING WITH, UH, NEXT SLIDE.

THIS IS THE SIGNAGE THAT WE'RE ASKING FOR TODAY.

UM, UP TOP WE HAVE A SET OF, OF NEON CHANNEL LETTERS, SINGLE STROKE, PRETTY DISCREET, UH, AND ONE SMALL BLADE SIGN ALSO ILLUMINATED.

NEXT SLIDE.

THIS IS THE MOCKUP OF THE ELEVATIONS.

UM, AND SO YOU CAN SEE THE FOX TROTT LETTERS UP TOP ON TOP OF THE AWNING.

AND THEN, UM, THE BLADE SIDE WOULD BE, THE BLADE SIDE WOULD BE ON THE CORNER OF THE BUILDING THERE TO THE RIGHT.

NEXT SLIDE.

OH, SHOULD HAVE, UH, LOOKED AHEAD.

HERE'S THE DETAIL OF THE BLADE SIGN AND NEXT SLIDE, JUST THE PROPERTY PROFILE OVERVIEW.

AND NEXT SLIDE COMPETING SIGNAGE.

UH, WE FILL OUT THAT SINCE OUR CLIENT, UH, IS A GROCERY STORE AND SERVES FOOD AND DRINKS, UH, IN BETWEEN THE HOURS OF SEVEN TO 10, UM, THEY HAVE COMPETING SIGNAGE THAT KIND OF PUTS THEM IN A HARDSHIP.

AND WE KIND OF OUTLINED SOME OF THESE LOCATIONS HERE ON THE LAST SLIDE AND I'LL CLOSE BY SAYING, UH, SO, UH, OTHER, APART FROM THE ILLUMINATED SIGNAGE, UH, CLAUSE AND THE, AND THE LANGUAGE, UH, EVERYTHING DOES MEET PERMIT REQUIREMENTS.

THANK YOU, SIR.

ALRIGHT, THANK YOU.

ALL RIGHTY.

THANK YOU VERY MUCH.

IS THERE ANY OPPOSITION? SEEING NONE.

I'M GOING TO CLOSE THE PUBLIC HEARING DISCUSSION BOARD MEMBER VAN OLAN.

BASICALLY, UH, WHAT I'D LIKE TO ASK IS ON THIS, THE MURAL SIDE OF THE BUILDING, YOU'RE JUST GONNA HAVE THE SMALL, UH, THE SMALL, UH, FOXTROT SIGN.

JUST A LITTLE, WHAT IS IT? 30 BLADE SIGN? WHAT? THE BLADE SIGN? NO, THAT'S A, UH, THE BLADE, THE BLADE SIGN FROM WHAT I UNDERSTAND IS GONNA GO ON GUADALUPE, ON THE GUADALUPE SIDE.

YEAH, I READ THAT WRONG.

AND THEN THE BLADE, AND THEN THE LITTLE FOX SHOT SIGN WAS GONNA GO ON THE SIDE.

THAT'S THE WAY I SAW IT.

ON PAGE 4, 5 5, UH, I BELIEVE THIS IS, UH, ITEM THREE 10 SHOWS THE FOXTROT SIGN ABOVE THE DOOR, THE BLADE SIGN ABOVE THE DOOR.

AND THEN ON PAGE 11, 3 11, IT SHOWS THE NORTH SIDE

[00:15:02]

SIGN.

AND THAT'S BASICALLY A, A DARK BLACK, UH, BACKGROUND WITH A, A LIGHTED LIGHT AND FOX TROTT.

IS THAT CORRECT, SIR? UM, LET ME SEE.

I'M LOOKING AT MY ELEVATIONS NOW.

I DO BELIEVE THE FOXTROT LETTERS, UH, THE LARGE FOXTROT LETTERS, UH, DO FACE GU LOOP, UH, AND THEN THE BLADES SIGN WOULD FACE, WELL IT DOES FACE GUADALUPE, BUT IT WOULD BE MOUNTED ON THE ELEVATION THAT IS ON, UH, FACING 23RD.

SO IT'S THE MURAL THAT FACES THAT PLAZA ON 23RD.

STILL THERE.

IF YOU LOOK THE THE SITE, THE LATEST SITE PHOTOS I'VE SEEN, THAT MURAL IS NO LONGER THERE.

THE WHOLE, UH, THIS, THIS, THE ELEVATIONS THAT WE'RE LOOKING AT TODAY, UM, ARE BLANK WHITE WALLS WITH, UH, NEW AWNINGS.

OH, THAT'S TRASHING FOR EACH ELEVATION.

YEAH.

PAINTING OVER THE, YEAH, PAINTING OVER THE MURAL AND JUST LOSES YOU VOTES.

.

THIS IS, THIS IS AUSTIN.

I LOVE MURALS.

THIS IS AUSTIN, TEXAS, AND THAT MURAL WAS PRETTY COOL.

YES.

UH, I, I AGREE.

I DO AGREE.

AND, UH, YOU KNOW, IT'S INTERESTING.

OUR CLIENT IS, UH, IN TUNE WITH THAT.

UH, AND THEY HAVE, UH, OTHER LOCATIONS ACROSS TOWN, UH, FIRST AND ANNIE'S A GOOD EXAMPLE WHERE THEY'VE BROUGHT BACK SOME MURALS, UH, AND UH, THAT MIGHT BE ON THE AGENDA FOR THEM, UH, AT THIS LOCATION AS WELL.

PERMITS, UH, YOU KNOW, PENDING FOR THAT, WELL GET, GETTING BACK TO MY QUESTION.

THE BLADE SIGN THEN IS ON THE MIRROR.

I'M LOOKING AT, UH, PAGE THREE OF EIGHT.

AND, UH, I CAN SEE, UH, IN THE CENTER PICTURE, TOP CENTER PICTURE, I SEE A PINK SECTION THERE.

I WAS UNDER THE IMPRESSION THAT FOX TROTT WAS GOING, THE BLADE SIGN WAS GONNA GO THERE AND, AND THE ILLUMINATED FOX TROTT LETTER SIGN WAS GONNA GO THERE AND THE BLADE SIGN WAS GOING TO GO ON THE SIDE.

ARE, ARE YOU TELLING ME THAT THE FOX TROTT, THE ILLUMINATED LETTER FOX TROTT SIGN IS GONNA GO ON THE, WHERE THE MURAL USED TO BE ON THAT SIDE? UM, SO, UH, I'M SORRY FOR THE CONFUSION.

SO THAT, THAT THE PHOTO, THAT SLIDE THAT YOU'RE LOOKING AT, THE PHOTO AT THE TOP CENTER WITH THE PINK BOX, UH, YEAH, THAT'S GONNA BE THE, THE HORIZONTAL SET OF FOX HORIZONTAL SET OF FOXTROT LETTERS.

OKAY.

THE PICTURE RIGHT UNDERNEATH IT, THE SMALL PINK BOX SHOWS THE LOCATION OF THE BLADE SIGN.

OKAY.

SO AGAIN, IT LOOKS TO ME, BASED ON WHAT YOU JUST SAID, THAT THE FOXTROT ILLUMINATED LETTERS ARE GONNA GO RIGHT UNDERNEATH THE DOORWAY, RIGHT, RIGHT.

ON WHAT LOOP SIGN.

RIGHT.

BUT THEN THAT LITTLE THING, THE CORRECT.

OKAY.

AND THE QUESTION I'M GONNA ASK, AND I I'M GONNA STICK MY NECK OUT THERE A LITTLE BIT, IS, HAS HAVE, HAS YOUR CLIENT THOUGHT ABOUT PUTTING THE FOX TROTT ILLUMINATED SIGN LETTER SIGN ON THE 23RD SIDE OF THE BUILDING? AND THE REASON I'M ASKING THIS IS 'CAUSE THAT'S THE DARK SIDE OF THE BUILDING.

YOU HAVE THAT LITTLE STREET LAMP THERE, BUT OVERALL THAT'S A PRETTY DARK AREA.

THAT'S A, THAT'S AN INTERESTING QUESTION.

UH, NO, THEY HAVEN'T.

I KNOW THAT THEY HAVE SOME OTHER, UH, I THINK THEY HAVE SOME OTHER THINGS PLANNED FOR THE AREA, INCLUDING A POSSIBLE, UH, REWORKED MURAL FOR THAT AREA.

AND ALONG WITH, AND I THINK THEY ARE DOING SOME, UH, ADDING SOME MORE LIGHTING THERE TO THAT SIDE OF THE BUILDING.

BUT, UM, AS FAR AS THE PRIMARY SIGNAGE, WHICH WOULD BE THE FOXTROT LETTERS, THE, THE HORIZONTAL SET, I THINK THAT THEY'D WANT THAT.

UH, IT'S MY UNDERSTANDING THEY WANT THAT TO BE PROMINENT THERE ON GUADALUPE.

AND THAT MAKES PERFECT SENSE.

AND I, I SUPPORT THAT.

THAT MAKES PERFECT SENSE.

AND I SUPPORT THAT.

I WAS JUST LOOKING AT, AND IT'S VERY UNUSUAL, ESPECIALLY FOR US UP HERE TO EVEN ASK TO ADD AN ADDITIONAL SIGN.

THAT'S USUALLY, USUALLY, USUALLY WE'RE DENYING THEM.

WE'RE NOT ADDING THEM, BUT I'M JUST THINKING OF, I KNOW THAT AREA AND, UH, I KNOW THAT PLAZA AREA CAN BE PRETTY DARK AT NIGHTS, AND THAT'S WHY I THOUGHT THE ADDITIONAL ILLUMINATION COULD BE A SAFETY FACTOR AS WELL.

DID HE GET YOUR QUESTION ANSWERED? DID HE GET YOUR QUESTION ANSWERED, MA? BOARD MEMBER GARZA, I, I DON'T REALLY HAVE AN ADDITIONAL COMMENT.

I WAS JUST GOING TO CLARIFY THE WAY I UNDERSTOOD THE SIGN LOCATIONS, AND IT SEEMS THAT THE BLADE SIGNS ON THE, UH, BRICK FACADE NOT REALLY AFFECTING THE MURALS.

SO, UM, NO REAL ADDITIONAL

[00:20:01]

COMMENT.

UH, JUST THE MURAL, THE MURAL'S GONE.

YEAH, THE MURAL'S GONE.

JUST F Y I Y'ALL, UH, CODES AND ORDINANCE, UH, SORRY, CODES AND JOINT JOINT CODES AND ORDINANCES HAS INITIATED, UH, A CHANGE TO THE, UH, ORDINANCE, THE UNO, UH, SIGN ORDINANCE BECAUSE THIS WAS AN ACCIDENT THAT WAS NEVER SUPPOSED TO HAVE BEEN PUT IN FOR UNO, BUT IT WAS, UH, BUT SHOULD HOPEFULLY BE MAKING IT TO PLANNING COMMISSION RIGHT AFTER BUDGET AND THEN GET KICKED UP TO COUNCIL SO WE DON'T HAVE TO DEAL WITH THIS ANYMORE.

.

YEAH.

WELL, I DON'T HAVE A PROBLEM WITH IT THAT WE JUST LEARNED THAT LAST PLANNING COMMISSION MEETING.

DO I HAVE ANY QUESTIONS FROM VIRTUAL BOARD MEMBERS? BOARD MEMBER BLOOM? OH, NO, THAT'S KAT, DO YOU HAVE A MOTION? I'LL MAKE A MOTION TO APPROVE.

I WAS JUST SORT OF HOPING THAT, I WAS JUST SORT OF HOPING THAT THERE WOULD BE SOMETHING THAT WOULD BE ABLE TO GRANT MORE LIGHTING, BUT, UM, WE'RE GONNA HAVE TO GO ON A HOPE AND A PRAYER THAT THEY PUT AM MURAL THERE AND MAYBE ILLUMINATE IT.

YOU KNOW, I'M I, I'LL SECOND IT.

I'M REALLY SAD THAT THAT MURAL'S GONE AND IT HAD BEEN THERE FOR DECADES.

IT WAS A GREAT MURAL, BUT PART OF THE WHOLE AUSTIN ICONIC CULTURE ON THE DRAG.

OH, IF I COULD VOTE AGAINST THIS JUST BECAUSE HE TOOK DOWN THE MURAL, I WOULD, BECAUSE THAT'S JUST, I, I STILL MIGHT, UH, I MEAN, WE'RE LOSING, KEEPING AUSTIN WEIRD.

I ALSO WANNA ECHO THE SIGNAGE ILLUMINATION.

I'VE BEEN A STUDENT AT, I'VE BEEN A STUDENT AT UT AND I WALKED DOWN THAT 23RD STREET AND IT'S QUITE DARK.

AND I FEEL LIKE THE SWITCHING THE TWO SIGNAGE WOULD ACTUALLY ADD, IMPROVE THE SAFETY OF THE ALLEY.

AND, UM, I THINK IT'S WORTH THINKING ABOUT AND CONSIDERING, UM, THE GUADALUPE SIGN IS PLENTY ILLUMINATED, AND I THINK A NON ILLUMINATED SIGN FOR FOXTROT COULD BE SUFFICIENT WITH THE, WITH THE MORE THE I ICON, ICON, UM, FOXTROT, UM, ON THAT EAST FACADE COULD BE SUFFICIENT IN MY OPINION.

UH, UN UNFORTUNATELY, IT'S NOT REALLY THE ASK.

OH, OKAY.

UH, WELL, I, WE, WE CAN'T REALLY ASK, BUT A CHANGE WHERE THEIR SIGNS ARE AND LIKE, I DON'T REALLY, I THINK MADAM CHAIR, IT WOULD PROBABLY FALL UNDER AN ADDENDUM IF WE WERE TO ASK THEM TO SWITCH THE SIGNS, BUT I'M NOT SURE THAT THAT'S WHAT THE CLIENT YEAH, I DON'T THINK THE CLIENT WOULD AGREE TO IT.

I MEAN, THAT'S WHY I WAS ASKING THEM THEM, IF THEY HAD THOUGHT ABOUT PUTTING A BLADES D UH, LETTER SIGN OR A LETTER SIGN, AN ADDITIONAL SIGN, WHICH FOR US UP HERE TO SAY, HEY, PUT ANOTHER SIGN UP IS REALLY, I DON'T THINK I'VE EVER DONE THAT IN ALL THE YEARS WE'VE BEEN UP HERE, BUT I THINK IN THIS CIRCUMSTANCE, IT, IT WOULD, IT WOULD MEET HEALTH AND SAFETY CRITERIA FOR THAT 23RD STREET DARK AREA.

I MEAN, I DON'T KNOW.

I THINK PROBABLY AT THIS POINT, HONESTLY, THESE, THESE CASES, YOU KNOW, THE APPLICANT REALLY WANTED TO, THEY COULD JUST WAIT A YEAR, YOU KNOW, INSTALL THE LIGHTING AND NEVER TURN IT ON UNTIL COUNSEL REMOVES THIS ORDINANCE FROM, WELL, I'LL SAY IT WAS A, IT'S A VACANT SPACE NOW, AND THERE'LL BE A BUSINESS OPERATING OUT OF IT.

AND I W I MEAN, WE, I'VE SEEN THE OTHER FOX TROTT LOCATIONS IN TOWN AND THEY SEEM TO WANT TO CATER TO AN OUT OUTDOOR CLIENT BASE.

SO I IMAGINE THEY HAVE SOME PLANS TO KIND OF SPRUCE UP THE OUTSIDE.

AND I, I THINK SAFETY WISE, HAVING AN OPEN BUSINESS IS PROBABLY SAFER THAN NOT.

RIGHT ON.

OKAY, SO I DO HAVE THE MOTION TO APPROVE MADE BY BOARD MEMBER VAN OLIN SECONDED BY MYSELF.

I'M GONNA GO AHEAD AND CALL THE VOTE FINDINGS.

FINDINGS.

OKAY.

THAT'S WHAT WE'RE GONNA DO.

THE BOARD MUST DETERMINE THE EXISTENCE OF SUFFICIENCY OF AND WEIGHT OF EVIDENCE SUPPORTING FINDINGS DESCRIBED BELOW.

IN ORDER TO GRANT THE REQUEST FOR A VARIANCE, THE BOARD MUST FIRST MAKE ONE OTHER OR MORE OF THE FINDING DESCRIBED UNDER ONE, TWO, AND THREE BELOW THE, THE BOARD MUST THEN MAKE THE FINDING DESCRIBED IN ITEM FOUR BELOW.

IF THE BOARD CANNOT MAKE THE REQUIRED FINDINGS, IT CANNOT APPROVE ASSIGNED VARIANCE.

I CONTEND.

WELL, YOU CONTEND THAT THE ENTITLEMENT TO THE REQUESTED VARIANCE IS BASED ON THE FOLLOWING FINDINGS.

ONE, THE VARIANCE IS NECESSARY BECAUSE OF STRICT ENFORCEMENT OF ARTICLE PROHIBITS A REASONABLE AND OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE CONSIDERING THE UNIQUE FEATURE OF THE SITE, SUCH AS DIMENSIONS, LANDSCAPING, OR TOPOGRAPHY.

BECAUSE BY STRICTLY ENFORCING THE CODE, BARRING THE INSTALLATION OF ILLUMINATED SIGNAGE, THE CLIENT IS AT A DISADVANTAGE FROM THE OTHER BUSINESSES IN THE NEARBY AREA THAT OFFER SIMILAR SERVICES.

THEN I'M JUST GONNA JUMP STRAIGHT TO FOUR.

I'M NOT GONNA READ THE OTHER ONES.

GRANTING THE VARIANCE WOULD NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHERS SIMILARLY

[00:25:01]

SITUATED OR POTENTIALLY SIMILARLY SITUATED BECAUSE MOST OF THE BUSINESSES IN AND ON THE WA LOOP ON THE DRAG SURROUNDING BLOCKS ALREADY ENJOY THE BENEFIT OF ILLUMINATED SIGNAGE TO DIRECT POTENTIAL CUSTOMERS TO THEIR BUILDING.

SO MADAM JOE.

SUPER.

OKAY.

CALLING THE VOTE AGAIN.

THIS IS A MOTION TO APPROVE MADE BY A BOARD MEMBER BY NOLAN, SECONDED BY MYSELF.

TOMMY AES? YES.

JESSICA COHEN.

YES.

MARCEL GARZA.

YES.

MELISSA HAWTHORNE.

YES.

YOUNG CHEM? YES.

BRIAN PETIT.

YES.

JANELLE VANZANT.

YES.

MICHAEL VAN OLIN? YES.

AND KELLY BLOOM? YES.

OKAY.

CONGRATULATIONS.

YOUR VARIANCE IS GRANTED.

UH, THANK YOU MEMBERS OF THE BOARD AND I WILL BE SURE TO PASS ON YOUR MESSAGES ABOUT THE MURAL, UH, THE, UH, THE PREVIOUS ONE AND, UH, FUTURE ONES TO COME AT THIS LOCATION.

WE APPRECIATE IT.

THANK YOU VERY MUCH.

IT'S JUST ONE OF THOSE THINGS THAT WE'RE LOSING SOME OF THE FABRIC OF KEEP AUSTIN WEIRD, AND I, I REALLY KIND OF LIKED THIS AS WEIRD.

SAME HERE.

I AGREE.

UH, THANK YOU SO MUCH.

OKAY, NEXT

[4. C15-2023-0029 Stephen Hawkins for Austin Rowing Club 74 Trinity Street]

ITEM.

ITEM FOUR C 15 20 23 0 0 2 9.

STEVEN HAWKINS FOR THE AUSTIN ROWING CLUB, 74 TRINITY, TRINITY STREET.

GIVE US A SECOND.

WE'LL GET YOUR PRESENTATION PULLED UP.

UP AND HELLO.

OKAY.

STATE YOUR NAME, CAN YOU FOR THE RECORD, HEAR AND YOU'LL HAVE FIVE MINUTES.

OKAY, GREAT.

UH, GOOD EVENING.

I'M NA STEPHEN HAWKINS.

I AM, UH, MARK EATON.

I'M A MEMBER OF THE BOARD OF THE AUSTIN MARINE CLUB.

I'M JOINED HERE THIS EVENING BY THE PEOPLE THAT REALLY RUN THE PLACE.

ELIZABETH BAR IS OUR EXECUTIVE DIRECTOR.

CAROL BAXTER IS OUR GENERAL MANAGER, AND AUBREY RUDDER IS OUR GENERAL MANAGER FOR RENTAL OPERATIONS.

WE ARE REQUESTING A VARIANCE TO RECONFIGURE AN EXISTING DOCK UP TO 120 FEET FROM THE LADY BIRD LAKE SHORELINE.

ONE SET OF DOCKS IS CURRENTLY PERMITTED TO BE A HUNDRED.

THAT'S ON THE FIRST SLIDE THERE.

UH, ONE SET OF DOCKS IS PERMITTED TO BE 113 FEET, SEVEN INCHES FROM THE SHORE.

THAT'S THE TWO DOCKS AT THE RIGHT IN THE PICTURE, UH, THAT ARE USED FOR OUR ROWING SHELLS.

THESE ARE NOT THE SUBJECT OF THIS REQUEST, IT'S THE OTHER, UH, ONES TO THE LEFT THAT NEED TO BE RECONFIGURED.

THE MIDDLE DOCKS ARE CURRENTLY PERMITTED TO BE 84 FEET, 11 INCHES, AND THE ONES AT THE END ARE CURRENTLY PERMITTED TO BE 110 FEET THREE INCHES.

THE NEXT SLIDE PLEASE A LITTLE BIT ABOUT US.

A R C BROUGHT ROWING TO AUSTIN IN 1981, AND WE'RE THE ONLY NON-PROFIT BOATING ORGANIZATION ON THE LAKE.

WE HAVE A TERRIFIC STAFF AND THEN VOLUNTEERS FROM OVER 500 ROWING CLUB MEMBERS WHO RUN ALL THE REGATTAS ON THE LAKE AND PROVIDE STEWARDSHIP OF OUR SHORELINE, INCLUDING CLEANUPS WITH KE BOSS AND BEAUTIFUL IN THE SIERRA CLUB.

WE'RE BEST KNOWN FOR OUR ROWING PROGRAMS, BUT WE ALSO RUN A GROWING RENTAL OPERATION FOR KAYAKS AND PADDLEBOARDS.

MUCH OF OUR RECENT GROWTH HAS BEEN IN OUTREACH PROGRAMS FOR UNDERSERVED YOUTH VETERANS AND THE DISABLED WHERE WE WORK WITH OVER 40 OTHER ORGANIZATIONS, INCLUDING THE BOYS AND GIRLS CLUBS, BALLOR GAMES, AND THEN DIRECTLY WITH SCHOOLS AND REC CENTERS IN PARTS OF TOWN WHERE MOST KIDS HAVE NEVER HAD ACCESS TO RIVERPORT.

WE HAVE SOME GREAT BOATHOUSE PARTNERS, INCLUDING RETRO BOAT RENTALS AND A CAFE, AND WE PROVIDE BIRTHING SPACE TO THE DRAGON BOAT AND OUTRIGGER CANOE CLUBS.

OUR ORIGINAL BOATHOUSE WAS TORN DOWN TO MAKE WAY FOR THE WALL CREEK TUNNEL, AND WE MOVED INTO THE WALL CREEK BOATHOUSE AT THE END OF 2012.

THE BOATHOUSE AND THE DOCKS WERE BUILT BY THE CITY.

WE OPERATE THEM UNDER A MANAGEMENT AND OPERATIONS AGREEMENT WITH PAR.

IN ADDITION TO RECREATION AND OUTREACH BENEFITS, WE PROVIDE OVER HALF A MILLION DOLLARS IN DIRECT MONETARY BENEFIT TO THE CITY THROUGH CONCESSION FEES, TAX REVENUE FROM REGATTAS AND SALES TAX.

NEXT SLIDE PLEASE.

THE CONTEXT FOR OUR REQUEST YOU'VE SHOWN ON THIS NEXT SLIDE.

AND IF I CAN DIRECT YOUR ATTENTION TO THE CONTOUR MAP AT THE LEFT.

THE MOST SALIENT FEATURE HERE IS THAT ALL OF OUR DOCKS ARE AT THE BOTTOM OF THE STEEP HILL.

SO WE HAVE HEAVY SILTING OF OUR SHORELINE RESULTING IN 15 TO 45 FEET OF SHALLOWS FROM THE 429 FOOT CONTOUR LINE.

THIS MEANS WE HAVE TO ACCESS OUR FLOATING DOCKS BY RAMPS THAT GO OVER THESE SHALLOWS FROM BULKHEADS ON THE SHORE.

WE CURRENTLY HAVE THREE DOCK AREAS, EACH WITH THE BULKHEAD RAMP AND THEN FLOATING DOCKS.

THE ROWING DOCKS ARE INSTALLED, WERE INSTALLED BY THE CITY, SO TWO OF THE LAUNCH DOCKS.

THESE ARE ACCESSED FROM BULKHEAD NUMBER TWO, AND THE DIAGRAM THERE,

[00:30:01]

BULKHEAD NUMBER THREE WAS ALSO INSTALLED BY THE CITY, BUT IT WAS SUPPOSED TO BE TEMPORARY TO ALLOW ROWING FROM OUR ORIGINAL DOCKS WHILE THE BOATHOUSE WAS BEING BUILT.

WHO WAS SUPPOSED TO REMOVE BULKHEAD NUMBER THREE AND WHEN WAS NEVER REALLY CLEAR AND IT ENDED UP BEING USED FOR THE RENTAL PROGRAM WITH DOCK WITH BOATS STORED ON THE BULKHEAD.

WE WERE TOLD BY WATERSHED THROUGH PARD A COUPLE OF YEARS AGO THAT IT WAS TIME FOR THE BULKHEAD TO BE REMOVED AND THE RIPARIANS UNRESTORED TO ITS ORIGINAL CONDITION.

THE PICTURE AT THE RIGHT SHOWS THIS AREA WITH THE RENTAL DOCKS AND THEN SOME KAYAKS STORED ON THE BULKHEAD.

IT ALSO SHOWS THE SHALLOWS, WHICH SUPPORT A LOT OF PLANT LIFE.

THE PROJECT BEING PERMITTED NOW, AND YOU SEE THE, UH, SITE PLAN CORRECTION NUMBER THERE, UH, HAS THREE PARTS RECONFIGURATION OF THE DOCKS TO MOVE ALL RENTAL CRAFT ONTO FLOATING DOCKS, REMOVAL OF BULKHEAD NUMBER THREE AND RIPARIAN ZONE RESTORATION.

THE DOCK PLAN BEING PERMITTED AS SHOWN IN THE NEXT SLIDE.

UH, AS YOU CAN SEE, THE UH, LAUNCH OF RENTAL DOCKS WILL BE COMBINED INTO ONE CONNECTED DOCK STRUCTURE ACCESSED PRIMARILY THROUGH BULKHEAD.

NUMBER TWO, CUSTOMERS WILL COME DOWN THAT RAMP AND GO TO EITHER THE RETRO BOATS ON ONE SIDE OR TO KAYAKS AND PADDLEBOARD RENTALS ON THE OTHER.

THE KAYAKS WILL BE STORED ON TWO LONG DOCKS PARALLEL TO THE SHORE, AND THE PADDLEBOARDS WILL BE STORED ON ONE LARGER DOCK PERPENDICULAR TO THE SHORE.

WE WILL ALSO ADD FACILITIES FOR BETTER ACCESS FOR DISABLED PEOPLE, INCLUDING A HOIST STRAIGHT DOWN THE RAMP AND A KAYAK SLIP ATTACHED TO THE PADDLEBOARD STORAGE DOCK.

THE LAUNCHES WILL BE MOVED TO THE END, AND WE'VE ALSO BEEN ASKED BY THE AUSTIN POLICE DEPARTMENT TO PROVIDE A BIRTH FOR ONE OF THEIR PATROL BOATS.

WE'VE ALREADY STARTED WITH RIPARIAN ZONE RESTORATION AND WE'VE GAINED, UH, ENGAGED A REGISTERED ACCESSIBILITY SPECIALIST FOR THE A D A COMPLIANT FEATURES.

NEXT SLIDE, PLEASE.

UH, OUR VARIANCE REQUEST IS BASED ON THE NEED FOR A LITTLE MORE DISTANCE FROM THE SHORE FOR THE NEW COMBINED STRUCTURE TO ALLOW SAFE OPERATION AND NAVIGATION OF THE RENTAL CRAFT AND RESTORATION OF THE RIPARIAN ZONE.

WRAP IT UP IN ONE SENTENCE FOR ME, PLEASE.

PARDON ME? WRAP IT UP IN ONE SENTENCE FOR ME, PLEASE.

YES.

UM, RIGHT, SO WE NEED A LITTLE BIT OF EXTRA ROOM FOR THE, UH, DISABLED FACILITIES.

THERE ARE PLENTY OF PRECEDENCE FOR THE REQUEST AND THERE'S NO IMPEDIMENT TO OTHER NAVIGATION.

THANK YOU VERY MUCH.

IS THERE ANY OPPOSITION? OKAY, SEEING NONE, WE'RE GONNA OPEN IT UP FOR QUESTIONS.

LET ME JUST MAKE Y'ALL AWARE THAT WE DO HAVE A REPRESENTATIVE FROM CITY STAFF.

UH, JEFF CLEMEN, OR SORRY, JOHN CLEMENT.

SORRY.

HI, JOHN WITH, UH, W P D IS HERE.

IF WE HAVE, UH, QUESTIONS ABOUT THE LAKEFRONT LOOKING FOR HANDS QUESTIONS BOARD MEMBER OF VAN OLIN, I NOTICE THAT A LOT OF ITEMS ON THE SITE APPLICATION ARE STILL PENDING OR IN PROGRESS.

UH, EXCUSE ME.

I I DIDN'T CATCH THAT.

I SAID I NOTICE A LOT, UH, A LOT OF ITEMS ON YOUR SITE APPLICATION THAT YOU INCLUDED IN YOUR PACKAGE ARE STILL PENDING OR IN PROGRESS.

AND I, I JUST WANTED TO STATE FOR THE RECORD THAT IF PASSING THIS VARIANCE IS NOT GONNA RELEASE THE APPLICANT FROM ANY OF THE RESPONSIBILITY OF RESOLVING ALL THE COMMENTS, ALL THE REQUIREMENTS, OR THE PENDING RESPONSES IN THAT, IN THAT SITE PLAN, I DID NOTICE THAT YOU GUYS HAVE, UH, UH, SHEET PAGE SEVEN 10 ON 0 4 22.

AND I ALSO WANTED TO JUST MAKE SURE AND STATE FOR THE RECORD THAT THIS VARIANCE WILL ONLY APPLY TO ITEM FIVE, U THREE ON FOUR OF 22, WHICH IS BASICALLY JUST THE VARIANCE JUST FOR THE DISTANCE OF THE DOCK GOING OUT.

I'M SURE YOU'RE AWARE OF THAT.

RIGHT.

OKAY.

BECAUSE SOMETIMES WE GRANT VARIANCES AND PEOPLE SAY, WELL, MAN, I GOT CARTE BLANCHE.

NO, THIS ONLY APPLIES TO THAT SINGLE ITEM, ITEM FIVE ON THREE.

OKAY.

WE UNDERSTAND.

WHICH IS A DISTANCE.

I DON'T, I DON'T SEE ANY ISSUES WITH IT OTHER THAN, YOU KNOW, UM, THEY DO HAVE SUPPORT FROM STAFF ON A LOT OF THESE ITEMS. I'M GONNA GO AHEAD AND MAKE A MOTION TO APPROVE.

I'LL SECOND THAT.

I'LL SECOND THAT.

OKAY.

SO WE HAVE A MOTION TO APPROVE MADE BY BOARD MEMBER VON OLAND, SECONDED BY VICE CHAIR HAWTHORN DISCUSSION QUESTION TO ANYONE.

THE ONLY OTHER COMMENT I'D MAKE IS SOME OF THOSE PICTURES HAS SOME STUFF THAT NEED TO BE CLEANED UP OUT THERE.

SO I MEAN HOPE, HOPEFULLY YOUR STAFF AND EVERYBODY CAN MAINTAIN THE WATER QUALITY WE, WE HAVE GOING ON THERE.

YOU KNOW, I LOOK AT THE PICTURES, UH, LADY BIRD LAKE.

SORRY, I'M SORRY.

LADY BIRD LAKE.

LADY BIRD LAKE.

YES.

THE, I THINK THAT THE RESTORATION OF THE RIPARIAN ZONE WILL HAPPEN WITH

[00:35:01]

THE PROJECT.

YES.

SO IT, IT, AND THERE IS, THE LAKE IS VERY WIDE THERE, WHICH THE INTENT OF THE CODE IS FOR NAVIGATION OF THE LAKE.

SO CORRECT.

YOU THINK IT'S A, OKAY.

I'M INCLINED TO AGREE.

OKAY.

SO ANY OTHER DISCUSSION? FINE.

OH, I, WELL, BOARD MEMBER GARZA, EXCUSE ME.

THE, UH, I, I'M, I I I LOVE THAT WE'RE CONSIDERING THIS.

MY, MY ONLY QUESTION IS JUST THE CONSIDERATION OF WHERE THE LIGHT RAIL WILL LAND.

AND I, I, I KNOW THAT'S A WHOLE X NUMBER OF YEARS IN THE FUTURE, BUT WILL THESE STRUCTURES BE ABLE TO BE REPURPOSED OR REUSED IF, IF THE RELOCATION POTENTIALLY OCCURS? THAT'S A, THAT'S A GREAT QUESTION.

VERY MUCH ON OUR MIND.

SO, UH, THIS, THIS DOCK DESIGN IS MADE TO BE RECONFIGURED.

AS YOU MIGHT BE AWARE, UH, THERE WAS A RESOLUTION PASSED AT CITY COUNCIL IN CONJUNCTION WITH THE LIGHT RAIL PLANS TO PROVIDE A LOCATION FOR THE AUSTIN ROWING CLUB FURTHER DOWN THE RIVER.

AND WE'VE DESIGNED THESE DOCKS WITH THAT IN MIND.

FANTASTIC.

THANKS.

DON'T THINK SO.

ANY OTHER QUESTIONS? DISCUSSION BOARD MEMBER VAN OWEN.

I KNOW THIS IS PROBABLY, I KNOW YOU'VE PROBABLY ALREADY TAKEN THIS INTO CONSIDERATION, BUT SINCE I WAS HERE FOR THE MEMORIAL DAY FLOOD WHEN WE HAD PIANOS FLOATING DOWN THE RIVER AND NOBODY THOUGHT IT WAS GONNA GET THAT HIGH, I'M SURE YOU'VE ACCOMMODATIONS TO ACCOMMODATE THE WATER LEVEL.

GOOD.

RIGHT? THAT'S, THAT'S ALL.

I'M PRETTY SURE IT'S GONNA BE BUILT PROBABLY LIKE A MARINA DOCK.

IF NOT, THEY'LL BE, BE FLOATING DOWN.

RIGHT.

THERE COULD BE WASTE LOWER UP, DOWN, DOWN THE LAKE THERE.

OKAY.

AT LEAST THEY'LL STOP AT THE DAM.

YEAH, THAT'S HOPEFULLY REASONABLE.

USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THE 15 TO 30 FOOT BUFFER OF MUD AND WETLAND COUPLED WITH THE GENERAL SLOPE INTO THE WATER PROHIBITS COM COMFORTABLE NAVIGATION.

FURTHERMORE, PART, THE WATERSHED DE WATERSHED DEPARTMENT AND TRAIL CONSERVATORY HAVE REQUEST REQUESTED FOR A STORAGE OF KAYAKS AND SUVS BE REMOVED FROM THE SHORELINE AND ONTO THE DOCKS HARDSHIP.

THE HARDSHIP FOR WHICH A VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT NO OTHER DOCK ON LADY BIRD LAKE HAS THE EXPANSIVE WETLANDS COUPLED WITH GENERAL SLOPES ONTO THE LAKE ALONG THE HIKE AND BIKE TRAIL.

REESTABLISHING THIS SHORELINE IN COORDINATION WITH THE WATERSHED DEPARTMENT PART AND TRAIL CONSERVANCY IS ESSENTIAL TO SLOWING THE MASSIVE, MASSIVE AMOUNT OF EROSION THAT IS CONCERNED THAT IS OCCURRING.

THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH A PROPERTY IS LOCATED BECAUSE THE LOCATION OF THE AUSTIN ROARING ROWING CLUB IS AT A BEND OF LADY BIRD LAKE THAT COLLECTS MORE SEDIMENT ALONG THE SHORE THAN THE AVERAGE POINT ON THE LAKE 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 VARIANCE WILL ENABLE THE EXPANSION OF THE WETLAND ALONG THE SHORELINE IN AND OUT OF THE WATER.

ALL OF THE PROPOSED CONSTRUCTION WILL OCCUR ON THE WATER FROM A BARGE AND NO IMPACT WILL OCCUR ON THE PROPERTY.

I'M GONNA LET IT GO WITH THAT MADAM CHAIR.

OKAY.

SO AGAIN, THIS IS A MOTION TO APPROVE MADE BY A BOARD MEMBER, BON OLAN, SECONDED BY VICE CHAIR HAWTHORNE.

I'M GOING TO CALL THE VOTES AND I'M GOING TO START AT THE BOTTOM THIS TIME SO TOMMY DOESN'T HAVE TO GO FIRST.

.

SO, BOARD MEMBER KELLY BLUE.

YES.

MICHAEL VAN OLAN.

YES.

JANELLE VAN Z.

YES.

BRIAN PETITE.

YES.

UH, YOUNG J KIM? YES.

MELISSA HAWTHORNE.

YES.

MARCEL GARZA.

YES.

JESSICA COHEN? YES.

AND TOMMY IS? YES.

OKAY.

CONGRATULATIONS.

YOU'RE VERY CRAT.

THANK YOU.

AND, UH, THANK YOU.

WATERSHED PROTECTION.

YEAH.

JOHN, THANKS SO MUCH FOR COMING.

THANK YOU FOR COMING.

JUST IN CASE WE HAD SOME QUESTIONS.

WE DON'T GET A LOT OF CITY STAFF NOT THANK YOU, BUT THANK HIM 'CAUSE HE OVER TIME, OVER TIME, HE'S A CHAMP FOR COMING DOWN FOR YOUR CAUSE.

NO, THEY'RE JUST GONNA MAKE YOU TAKE OFF TWO HOURS TOMORROW.

RIGHT, .

THANKS AGAIN.

ALL RIGHT.

NEXT

[5. C15-2023-0033 George Ducas for Chuong Thai-Lazaro & Christian David Lazaro 828 Falkland Trace]

CASE.

ITEM FIVE C 15 20 23 0 0 3 3.

GEORGE DCAS FOR T LAZARO AND CHRISTIAN DAVID LAZARO, E TWO EIGHT FALIN TRACE.

HOPEFULLY I PRONOUNCED THAT CORRECTLY.

OKAY.

[00:40:01]

I WANNA, I WANNA THANK THE BOARD FOR THE GENEROSITY OF ALLOWING ME TO BE HERE.

THANK YOU VERY MUCH.

COULD YOU STATE YOUR NAME FOR THE RECORD, PLEASE? AND WE'LL HAVE FIVE MINUTES.

GEORGE JAMES DUGAS.

I'M AN ARCHITECT.

REGISTER HERE IN AUSTIN.

THANK YOU.

GO AHEAD WHEN YOU'RE READY.

OKAY.

I DID HAVE A SLASH THERE IT IS.

OKAY.

FAULKLAND TRACE IS IN PFLUGERVILLE, BUT IT'S ALSO IN THE JURISDICTION OF AUSTIN.

UM, I'M TRYING TO FILE FOR OUR CLIENT, UH, DAVID CHRISTIAN LAZAR, WHO'S HANDICAP AND ALSO FOR, UH, JUNE LAZAR, UH, UNDER THE REGULATIONS CODE 25 DASH 2 8 9 9.

I BELIEVE OUR CLIENT, UH, COMPLIES WITH ALL THE REQUIREMENTS FOR THAT.

NEXT SLIDE, PLEASE.

A NEXT SLIDE.

OKAY.

THIS IS THE HOUSE.

THEN THEY GOT A MORTGAGE ON THEIR HOME TO BUILD.

AND THE CONTRACT DIDN'T FLY, APPLY FOR ANY PERMITS, SO I WENT THROUGH A MASSIVE, UH, COMMENT REPORT I'VE BEEN WORKING ON FOR ABOUT EIGHT MONTHS, AND WE'VE MADE GREAT PROGRESS.

NEXT SLIDE.

NEXT SLIDE.

UH, YOU SEE THIS IS A FLOOR PLAN OF THE HOUSE.

IT REQUIRED A PARTIAL RELEASE OF EASEMENT.

UH, IT ALSO GOT HAD SETBACK PROBLEMS. WE'VE SOLVED EVERYTHING.

THE ONLY THING LEFT IS THIS VARIANCE.

NEXT SLIDE, PLEASE.

UH, THIS IS A PARTIAL RELEASE OF EASEMENT THAT PASSED.

NEXT SLIDE, PLEASE.

NEXT SLIDE, PLEASE.

UH, THIS IS A TOPOGRAPHIC SURVEY SHOWING THAT MOST OF THE FENCE LINE IS SLIGHTLY ABOVE EIGHT FEET, AND THAT'S THE REASON WE'RE WANTING EIGHT, UH, FEET, FOUR INCHES FOR, UH, THE PROPERTY.

NEXT SLIDE, PLEASE.

UH, THE, UH, THE PROPERTY ITSELF HAS NA UH, AUSTIN ON THE WEST SIDE, A NEIGHBOR ON THE EAST SIDE AND NEIGHBOR TO THE NORTH.

THEY'VE ALL SIGNED LETTERS OF APPROVAL EXCEPT FOR AUSTIN.

THAT'S WHY WE'RE HERE.

UM, AND, UH, ALSO THAT THERE'S A DROP IN GRADE OF THREE FEET FROM THE RE, THE, THE GARDEN WALL TO THE STREET LEVEL ON ALL SIDES.

NEXT SLIDE PLEASE.

NEXT SLIDE, PLEASE.

THIS IS THE OUTER WALL.

YOU CAN SEE THAT THAT'S ABOUT THREE FEET EVEN.

IT'S ABOUT ONE LESS THAN ONE FOOT UNDERGROUND, AND THERE'S A WOOD FENCE ABOVE IT.

UH, IF THIS WERE SIX FEET, WE'LL SEE HOW KIDS COULD CLIMB OVER ON THE NORTH SIDE.

NEXT SLIDE, PLEASE.

UH, I WENT AHEAD AND MEASURED ALL OF THIS.

UH, THE SURVEYOR DID TOO.

YOU CAN SEE IT.

IT'S EXACTLY THREE FEET.

NEXT SLIDE.

AND THEN I WENT EVEN TO CALCULATE THE, UH, THE HEIGHTS OF ALL THE FENCE LINES.

YOU'LL SEE THAT ON THE SOUTHWEST SIDE IS THE TALLEST PORTION, ABOUT EIGHT FEET, FOUR INCHES DUE TO EROSION.

REALLY, IF YOU HAD PUT SOIL IN THERE, YOU COULD EASILY GET IT TO EIGHT FEET.

NEXT SLIDE, PLEASE.

AND THESE ARE THE CALCULATIONS I RAN FOR EVERY COLUMN.

NEXT SLIDE, PLEASE.

AND ON THE INSIDE YOU'LL SEE THAT THE SOIL IS EVEN WITH THAT THREE FOOT LINE.

NEXT SLIDE, PLEASE.

AND, UH, TO THE RIGHT IN THAT WHITE BUILDING THERE ON THE BOTTOM RIGHT SLIDE, THAT'S WHERE A SWIMMING POOL EXISTS.

NEXT SLIDE PLEASE.

AND IT'S ABOUT 19 BY 15 FEET FROM THE BACKYARD.

YOU CAN SEE THAT THERE'S A FENCE THERE.

WE'LL SEE OTHER, THERE'S A WOOD STUMP AND A TELEPHONE POLE.

THAT, UH, FENCE IS ABOUT FOUR FEET HIGH, AND THE STUMP IS ABOUT FIVE FEET HIGH.

SO I COULD CLIMB ALL OF THAT.

AND WITH A SIX FOOT FENCE, I'D HAVE ONE FOOT TO GET OVER AND IT'S ABOUT NINE INCHES AWAY.

NEXT SLIDE PLEASE.

NEXT SLIDE.

THESE ARE LETTERS FROM THE, UH, UH, NEIGHBORS, UH, THAT ARE REQUIRED AS PART OF THE CODE.

NEXT SLIDE, PLEASE.

THIS IS A LETTER FROM, UH, THE, UH, HOMEOWNERS ASSOCIATION, AGREEING THAT THE FENCE IS GOOD.

AND ADDITION TO THAT, WE GOT ANOTHER LETTER ABOUT TWO WEEKS AGO FROM THE HOMEOWNERS.

NEXT SLIDE, PLEASE.

UH, IF YOU GO ON, THERE'S A LETTER HERE FROM, UH, UH, THE DOCTOR, OF COURSE, HE'S GOT, HAD A HEART ATTACK AND HE'S ALSO, UH, HAS SPINAL CORD INJURY.

THIS IS THE REASON FOR THE FLAT SURFACE AND THE PRIVACY FOR THIS INDIVIDUAL.

NEXT SLIDE PLEASE.

NEXT SLIDE.

AND AGAIN, UH, MORE PHOTOGRAPHS OF THE TELEPHONE POLE AND THE WOOD STUMP.

NEXT SLIDE, PLEASE.

AND THERE ARE MEASUREMENTS THAT I TOOK SHOWING YOU HOW CLOSE THE FENCE AND THE WOOD STUMP ARE TO THE WALL.

NEXT SLIDE.

UH, THERE'S ONE RIGHT THERE.

YOU'RE ABOUT NINE INCHES AWAY.

IF THAT WERE A SIX FOOT WALL, WE COULD GET OVER JUMPING ONE FOOT.

NEXT SLIDE PLEASE.

UH, THERE'S A STUMP.

IT'S, IT'S JUST AS CLOSE.

SO THERE'S A TRIANGULATION THERE WHERE A PERSON CAN STAND IN MORE THAN ONE LOCATION.

GRAB THE WALL AND CLIMB OVER IT.

NEXT SLIDE PLEASE.

NEXT SLIDE.

[00:45:01]

AND THIS SHOWS THE BACK OF THE YARD.

I JUST WANNA PUT IT, THE NEIGHBOR HAS A FENCE ON THE OTHER SIDE AND THERE'S A DROP DOWN THERE TOO.

SO THEY CAN BE CLIMBING FROM MULTIPLE LOCATIONS FROM THAT CHAIN LINK FENCE THAT GOES ACROSS.

NEXT SLIDE.

AND IF YOU COULD JUST WRAP IT UP IN ONE SENTENCE PLEASE.

I WOULD LIKE TO SAY THAT I WOULD GRANT THEM A VARIANCE BASED ON THE CONSENT OF THE NEIGHBORS.

THAT THE GRADE IS GREATER THAN THREE FEET.

THERE IS A SWIMMING POOL AND THERE'S A SECURITY RISK BECAUSE OF ACCESS.

THAT'S IT.

THANK YOU SO MUCH.

WANNA TO THANK THE BOARD FOR LISTENING TO ME? I HAVE PUT A LITTLE TIME INTO THAT PRESENTATION.

I THINK THERE'S A LOT OF INFORMATION IN.

THERE'S A GREAT PRESENTATION.

THANK YOU VERY MUCH.

IS THERE ANY OPPOSITION POSITION? SEEING NONE.

LET'S CLOSE THE PUBLIC HEARING AND OPEN IT UP FOR QUESTIONS.

BOARD MEMBER BLOOM.

UM, THERE WAS A MENTION, I BELIEVE IN THE PACKET ABOUT IMPERVIOUS COVERAGE.

OH YES.

UM, AND SO THAT, AND ALSO THE SETBACK ISSUE.

YOU, I THINK THE PACKET SAID YOU WERE WORKING OUT THESE ISSUES, YEAH'S THE BUT THE PRESENTATION YOU SAID YES.

HAVE BEEN WORKED OUT.

HOW HAVE YOU WORKED OUT THOSE ISSUES? OKAY.

ESPECIALLY THE IMPERVIOUS COVERAGE, BECAUSE IT LOOKS TO ME LIKE YOU NEED THE RETAINING WALL BECAUSE YOU LEVELED OUT AND PAVED OVER THAT SIDE YARD.

OR I GUESS THAT, WOULD THAT BE THE FRONT YARD? RIGHT.

UH, THE L THE IMPERVIOUS COVERAGE ISSUE WAS COVERED AT THE CITY MANAGER'S OFFICE LAST WEEK.

SO THEY'RE REVIEWING IT RIGHT NOW.

THERE'S ABOUT 400 TO 500 SQUARE FEET OF O EXTRA AREA.

IT IS NOT THAT MUCH, BUT THEY WOULD SAY THAT IT'S UNPRECEDENTED.

I THINK THE IDEA HERE IS THAT THE PRECEDENTS WOULD SET A GOOD EXAMPLE FOR THE CITY OF AUSTIN.

THIS INDIVIDUAL HAS TWO HANDICAPPED PROBLEMS. AND THAT I THINK THAT TAKING A POSITION ON THE SIDE OF HANDICAPPED PEOPLE WOULD BE A BENEFIT FOR ANY OTHER PEOPLE THAT WOULD WANT TO HAVE THE FREEDOM OF MOBILITY IN THEIR OWN HOME.

SO I'M THINKING THAT THIS HAS BEEN ESCALATED TO THE CITY MANAGER'S OFFICE.

THEY'VE BEEN KIND ENOUGH TO HEAR ME THERE.

AND THAT WAS DONE YESTERDAY.

WITH REGARD TO THE SETBACK.

IT CAN BE HANDLED EITHER BY REASONABLE ACCOMMODATION OR THROUGH THE CITY'S CODES.

IT HAS PASSED THE CITY CODE, THEREFORE, REASONABLE ACCOMMODATION WASN'T NECESSARY, BUT THE CITY WAS WILLING TO GRANT IT.

UH, SO THAT WAS, UH, ONE OF THE STEPS THAT WAS TAKEN THERE.

THE PARTIAL RELEASE OF EASEMENT ON THE NORTH SIDE HAS BEEN GRANTED.

SO FOR ALL THE THINGS THAT WE NEEDED TO DO ON THIS PROPERTY TO MAKE IT PAST THE MASTER COMMENT REPORT, THE ONLY THING THAT'S LEFT IS THIS.

NOW, WITH REGARD TO IMPERVIOUS COVERAGE, WE COULD EASILY DEAL WITH THAT USING PERMEABLE COVERAGE, WHICH WOULD ACCOMMODATE THE CITY CODE, BUT OKAY.

THAT, THAT'S, SO I COVERED ALL, JUST TO CLARIFY AGAIN, THAT THE REASON WHY YOU HAVE A RETAINING WALL IS BECAUSE YOU NEEDED TO PAVE OVER OR TO LEVEL OUT AND PAVE YES.

THAT YARD.

YES.

WE DON'T WANT, UH, THE INDIVIDUAL WITH TWO CONDITIONS TO BE WALKING ON A SLOPE THAT SLOPES THREE FEET.

SO ORIGINALLY THE HOUSE, ONE MORE QUESTION THEN, THEN I'LL LET OTHERS HAVE A CHANCE.

YES.

SO ARE, WHEN YOU SAY THAT THE WALL AS IT'S BUILT IS SCALABLE, IF IT'S TOO SHORT, ARE YOU CONSIDERING THAT THE DESIGN OF THE WALL WITH THE RETAINING WALL BASICALLY CREATES A STEP FOR SOMEBODY TO USE IN HELPING THEM TO CLIMB OVER THE WALL? UH, I'M SAYING AT THE NORTH SIDE, YOU CAN CLIMB OVER THE WALL.

IF YOU CHOOSE THE CHAIN LINK, ONE FENCE AND THE STUMPS, IT'S EASILY ABLE TO BE CLIMBED.

ALSO THAT AT SIX, A FENCE AT SIX FOOT WOULD BE VERY EASY TO GET OVER BECAUSE YOU'RE AT FIVE FEET ALREADY WITH ALL THE THINGS THAT ARE BACK THERE.

AND THEN ONE FOOT EXTRA SIX FEET I CAN EASILY GET OVER THAT FENCE TO RAISE IT TO EIGHT FEET WILL ENABLE THE CON THE SECURITY THAT WILL KEEP PEOPLE OUT AND SAFE FROM THE SWIMMING POOL.

OKAY.

SO YOUR FEET, YOUR FENCE? NO, THE CHAIN LINK IS FOUR FEET THOUGH, RIGHT? UH, THE, THE, UH, THE FENCE IS FOUR AND THE STUMP IS FIVE.

OKAY.

SO YOU'RE CAL YOU'RE CALCULATING FROM RESPECT TO THE STUMP? YEAH.

OKAY.

UM, IT JUST, IT SOUNDS LIKE THERE'S SOME FEATURES WITH THE, JUST THE DESIGN OF THE FENCE THAT ARE CONTRIBUTING TO THE ABILITY FOR SOMEONE TO WELL, NO, THE NEIGHBOR'S FENCE IS CONTRIBUTING IT.

THAT CHAIN LINK FENCE BELONGS TO THE NEIGHBOR.

THE STUMP IS NOT ON HER PROPERTY.

NO, I MEAN, BOARD MEMBER NOW I'LL LET SOMEBODY ELSE ANSWER, ASK QUESTIONS.

SO THANK YOU.

BOARD MEMBER BLIM, IF I COULD JUST INTERRUPT REAL QUICK AND I APOLOGIZE.

I, I THINK THAT, 'CAUSE I'M SEEING A LOT OF HANDS JUMPING UP OVER HERE FOR FOLKS WHO WANNA ASK THE QUESTION.

I, I, I THINK THE QUESTION IS WHETHER OR NOT A HORIZONTALLY SLOTTED FENCE WITH GAPS, WHICH BASICALLY MAKES IT A LADDER MM-HMM.

OFFSETS

[00:50:01]

ANY FENCE OR TELEPHONE POLE NEXT TO IT.

THE PROJECT WAS NOT FINISHED.

IT WAS ABANDONED BY THE CONTRACTOR.

AND THOSE EXTRA PIECES OF WOOD WERE NOT PUT IN.

SO THIS IS AN ABANDONED PROJECT.

THE FAMILY TOOK OUT A MORTGAGE ON THEIR HOME.

AND THE POOL AREA, EVEN THOUGH IT'S THERE, THERE'S, UH, STRUCTURAL DAMAGE.

THERE'S PAVEMENT THAT NEEDS TO BE FIXED.

I WOULD SAY, UH, THE WAY THE PROJECT IS NOW, THE, THERE WOULD BE AN SUBSTANTIAL INVESTMENT STILL FOR THE OWNER TO ACTUALLY FIX THAT.

IT IS A DREADFUL SITUATION AND SHE WOULD LIKE THE, THIS AND THE CITY TO ALLOW HER TO COMPLETE THIS PROJECT WITHOUT ENCUMBRANCE AND TAKE AWAY ALL THOSE THINGS THAT YOU MENTIONED.

RIGHT.

NOW, BECAUSE THIS IS NOT A FINISHED PROJECT, WILL THESE SLOTS BE TOUCHING? YES.

OKAY.

DOES THAT ANSWER Y'ALL'S QUESTION? NO.

BOARD MEMBER OF LIN, FIRST OF ALL, I HATE TO BE, I HATE TO BE THE ONE TO BE THE BEARER BAD NEWS.

BUT WE'VE HAD THIS COME UP BEFORE THE BOARD MANY, MANY TIMES.

UM, AND DISABILITIES AND THINGS OF THAT NATURE WE CANNOT TAKE UNDER CONSIDERATION.

THAT IS NOT, PLEASE EXCUSE ME, SIR.

EXCUSE ME.

YES.

EXCUSE ME.

LESS IS MORE AT THIS POINT.

OKAY? MM-HMM.

, I HAVE THE FLOOR.

WE ARE NOT, EVEN IF SOMEBODY WANTS TO BUILD A CARPORT IN ORDER TO PROTECT THEIR GRANDMOTHER WHO IS QUADRIPLEGIC IN A WHEELCHAIR AND HAS TO GO GET FROM THE HOUSE, WE CANNOT TAKE THAT UNDER CONSIDERATION.

MM-HMM.

.

AND THAT'S THE WAY THE STATE AND THE, THE LAWS WORK ON THE BOARD OF ADJUSTMENT.

THE SECOND THING IS LD, SECTION 25, 2 8 9 9 ACTUALLY APP APPLIES TO POOLS, OPEN POOLS, OPEN JACUZZIS, NOT ENCLOSED.

POOLS NOT ENCLOSED JACUZZIS.

SO THAT'S ANOTHER SITUATION THAT WE HAD THERE.

BUT, AND THEN I ALSO STILL HAD ANOTHER ISSUE BECAUSE IS, FIRST OF ALL, LET ME SAY, EVERYBODY KNOWS I WAS A CONTRACTOR FOR 30 YEARS MM-HMM.

.

AND I ALSO KNOW WHEN A PERMIT IS PULLED THAT THE OWNER, THE OWNER IS RESPONSIBLE TO ENSURING THAT ALL PERMITS ARE PULLED.

OKAY.

IT'S NOT THE CONTRACTOR'S RESPONSIBILITY, RIGHT.

CONTRACTOR USUALLY GOES OUT AND HE'LL BUILD WHATEVER AN ARCHITECT DRAWS OR AN ENGINEER STATES OR WHATEVER THE CASE MAY BE.

BUT IT, HE'S GOTTA PULL THE PERMITS.

BUT IT IS STILL THE OWNER'S RESPONSIBILITY TO ENSURE THAT EVERYTHING BUYS ACCORDING TO THE LAWS AND CODES.

THE OTHER CONCERN THAT I HAD IS THAT, UH, THE, AND I, I KNOW THIS IS WHERE KELLY WAS GOING, WHICH WAS BASICALLY, IT WAS ALMOST A SELF, UH, CREATED, UH, HARDSHIP BECAUSE THEY WENT IN AND THEY PUT IN THE THREE FOOT WALL AND THEN THEY BACKFILLED IT AND THEN IT CAME IN WITH PAVERS OVER THE TOP OF IT.

SO, AND I UNDERSTAND TRYING TO LEVEL IT OUT PERSONALLY MYSELF, LOOKING AT WHAT I DID.

AND I REVIEWED THIS SEVERAL TIMES BEFORE WE CAME IN SINCE THE PA I GOT THE PACKET LAST WEEK AND I DON'T THINK THAT WAS COMPLETELY NECESSARY TO DO.

MY LAST COMMENT I'M GONNA MAKE, AND I'LL TURN IT OVER TO OTHER, OTHER COMMISSIONERS, IS THAT I'M CONCERNED THAT YOU HAVE THE, UH, IMPERVIOUS COVER ISSUE IN FRONT OF THE CITY MANAGER, WHATEVER THE CASE MAY BE.

AND THAT'S FINE AND DANDY IF YOU CAN GET A, UH, A STAFF WAIVER, WHATEVER THE CASE MAY BE.

BUT MY CONCERN IS IF YOU DON'T, YOU MAY BE COMING BACK HERE FOR AN IMPERVIOUS COVER.

NO, UH, VARIANCE.

I NOT AS WELL.

I, I'M NOT.

OKAY.

I HOPE NOT BECAUSE ONCE I, I KNOW I, I MYSELF PERSONALLY, LIKE TO GET 'EM ALL TAKEN CARE OF IN ONE.

CAN I SPEAK TO THAT OR NO? YES.

OKAY.

UH, WAIT A MINUTE.

UM, I DON'T, I, I, SORRY.

VICE CHAIR DID, DID YOU CALL FOR ANY OPPOSITION AND CLOSE THE PUBLIC HEARING? YES.

OKAY.

'CAUSE 'CAUSE THIS IS THE, THIS IS QUESTION AND ANSWER TIME.

RIGHT.

THIS IS QUESTION AND ANSWER TIME.

AND YOU HAVE USED YOUR TIME AND I'M WAITING TO BE ABLE TO SPEAK SO I OKAY.

REALLY WOULD LIKE YIELD TO, I REALLY WOULD LIKE TO KIND OF, I WASN'T SURE IF THAT WAS A QUESTION FROM BOARD MEMBER LIN OR NOT.

WAS THAT MORE OF A STATEMENT? OKAY.

NO, NO, NO.

I'LL, I'LL YIELD APOLOGIES FOR THAT BY CHAIR YIELD THE FLOOR.

SORRY, GO AHEAD.

VICE CHAIR HAWTHORNE.

I KNOW I ASK YOUR QUESTION.

WELL, I, SO I, I'M NOT, I'M NOT A FENCE FAN.

I'M NOT A, I'M NOT AN EIGHT FOOT FENCE FAN.

I THINK THAT THAT'S PART OF BEING NEIGHBORS AND NEIGHBORLY IS BEING ABLE TO ACTUALLY TALK TO PEOPLE.

BUT, YOU KNOW, WE DID LIVE IN A PANDEMIC AND I TALKED TO THE WILSONS ON THE OTHER SIDE OF THE FENCE.

NO KIDDING.

I CAN'T MAKE THAT UP.

THE WILSONS.

UM, AND THEY ALSO LIKE PUT FLOWERS ON MY FRONT DOOR.

SO A FRONT FENCE IS REALLY SOMETHING I'M, I'M TOTALLY, UH, NOT IN FAVOR OF.

SO REALLY THE INTENT OF THE CODE WAS THAT FOR AN EIGHT FOOT FENCE WAS IF YOU HAD AN OPEN POOL WHERE A CHILD COULD EASILY GET IN.

SO YOU HAVE AN ENCLOSED BUILDING AND THEN THE DESIGN OF THE FENCE,

[00:55:01]

WHILE IT'S LOVELY AND I'M, I'M VERY TORN 'CAUSE IT'S, IF YOU KEEP INTERRUPTING OR WANTING TO INTERRUPT, YOU'RE NOT ENDURING YOURSELF TO THE CONVERSATION THAT WE'RE TRYING TO HAVE TO COME TO A CONSENSUS.

MM-HMM.

AND I SEE YOU JUMP AT THE BIT, BUT THAT THIS IS THE LESS IS MORE PART WHERE YOU LET US DIGEST AND WE KIND OF GO THROUGH OUR LITTLE PROCESS.

AND I KNOW THAT YOU COULD CORRECT ME AT EVERY SENTENCE THAT I SAY, BUT I DON'T FIND THAT TO BE A QUALITY EXPERIENCE FOR GETTING THE JOB DONE.

OKAY.

THANK YOU.

IN THE NICE THIS WAY .

SO NOW THAT I'VE LOST MY ENTIRE TRAIN OF THOUGHT, UM, IT, WHILE THE FENCE IS LOVELY AND IT, I REALIZE THAT IT IS INCOMPLETE, I DO FEEL LIKE IT WOULD BE EASY TO MODIFY TO COME DOWN TO EIGHT FEET IF THE ONE SECTION IS JUST THE CORNER AND THAT DEAD STUMP AND THE FENCE THAT'LL GO AWAY AT SOME POINT IS JUST A, SO I THINK I COULD GET MYSELF TO EIGHT FEET.

I DON'T THINK I CAN GET MYSELF TO EIGHT FOOT FOUR.

AND THAT'S WHAT I'M JUST PUTTING OUT AS A, AS A VOTING PERSON.

IF SOMEBODY WAS TO MAKE A MOTION SO THAT EVERYBODY'S CLEAR WHERE I STAND.

THANK YOU.

OKAY, MADAM CHAIR, JUST TO ADD TO HER COMMENT ITEM 0 5 8, THERE'S A LETTER FROM THE APPLICANT OR THE APPLICANT'S REPRESENT REPRESENTATIVE STATING THAT THE APPLICANT IS WILLING TO RENOVATE TO EIGHT FEET.

SUPER.

THANK YOU.

SO JUST TO READ THAT INTO THE RECORD.

OKAY.

UH, LOOKING FOR OTHER HANDS, DISCUSSION QUESTIONS, BOARD MEMBER BLOOM.

ALRIGHT, SO JUST TO BE CLEAR AND, AND THANK YOU FOR CLARIFYING MY, MY POINT OR EARLIER, JESSICA, WHAT I WAS TRYING TO SAY WAS, IF YOU'VE GOT A FIVE, EXCUSE ME, A THREE FOOT BRICK SORT OF BASE ALONG THE RETAINING WALL AND THEN YOU'VE GOT A FENCE ON TOP OF IT AND YOU'RE TALKING ABOUT A FIVE OR AN EIGHT FOOT FENCE TOTAL OR APPROXIMATELY THERE, YOU'RE TALKING ABOUT LIKE FIVE FEET OF THE ACTUAL WOODEN FENCE.

UM, AGAIN, YOU COULD STEP ON THE TOP OF THE RETAINING WALL, THE THREE FEET, AND THEN YOU EFFECTIVELY HAVE A FIVE FOOT FENCE BASED ON HOW YOU'VE DESIGNED THIS.

SO I DON'T KNOW IF WHAT YOU'RE ASKING FOR IS NECESSARILY GOING TO SOLVE ALL OF THE PROBLEMS YOU'RE SAYING THAT YOU'RE TRYING TO SOLVE WITH THIS FENCE.

THAT SAID, I DO AGREE.

I'M, I'M NOT IN FAVOR OF GOING ANY HIGHER THAN EIGHT FEET AT ALL AND I'M ALSO POTENTIALLY VERY INTERESTED IN SEEING HOW THE IMPERVIOUS COVERAGE ASK TURNS OUT.

'CAUSE THAT MAY HAVE AN IMPACT ON WHAT YOU'RE ABLE TO DO AS WELL.

THANK YOU.

BOARD MEMBER BLUM.

I I DID HAVE A QUESTION.

UM, A COUPLE ACTUALLY.

SO IF A, IF THE NEIGHBORS WITH THE CHAIN LINK FENCE WERE TO TEAR IT DOWN AND BUILD A SIX FOOT, UH, STANDARD WOULDN'T, UH, RESIDENTIAL PRIVACY FENCE, WOULD THAT CHANGE ANYTHING? IF THE NEIGHBORS DID WHAT BUILT A STANDARD SIX FOOT RESIDENTIAL WOODEN PRIVACY FENCE? I'M NOT SURE.

I'VE TALKED TO SOME OF THE NEIGHBORS AROUND THERE.

I DON'T KNOW THAT THEY'RE WILLING TO, TO CHANGE THAT.

UH, I, I'M TRYING TO HELP THIS FAMILY AS BEST I CAN.

I'M NOT TRYING TO TAKE ADVANTAGE OF THE CITY IN ANY SHAPE OR FORM.

I'M NOT LOOKING TO DO OF VARIANCE ON THE PAVING.

I HAVE A SOLUTION FOR THAT.

TIME IS OUR PROBLEM.

WE'VE ALREADY BLOWN NINE MONTHS OR EIGHT MONTHS OR WHATEVER IT IS.

OKAY.

THAT, BUT THAT'S NOT ANSWERING THE QUESTION ABOUT I I KNOW WHETHER THE FENCE, I KNOW I CAN'T SPEAK FOR THE NEIGHBORS ON WHAT THEY, THEY WILL OR WILL NOT DO.

BUT IF THEY DID, WOULD IT CHANGE ANYTHING? I'M SAYING THEY COULD.

I'M SAYING YOUR ARGUMENT IF THEY, THAT, THAT THIS IS A DANGER TO AN ENCLOSED POOL BECAUSE THERE'S A FOUR FOOT FENCE TELEPHONE POLE DOESN'T THIS ARGUMENT IF IS BASED ON EXISTING CONDITIONS.

THE REASON WHY I MADE THIS APPLICATION WAS SOLELY BECAUSE THERE IS A POOL, THERE ARE FEATURES IN THE CODE THAT IDENTIFY THIS AS A POSSIBILITY FOR CONSIDERATION.

NOTHING MORE, NOTHING LESS.

THAT IS IT AS SIMPLE AS THAT.

I'M NOT TRYING TO, UH, HYPOTHESIZE ON WHAT OTHER POSSIBILITIES THERE ARE.

ONLY ON THE EXISTING CONDITIONS, A CHILD COULD CLIMB UP THAT FENCE AS EASY AS IT IS AND CLIMB OVER.

NOW WITH REGARD TO SECURITY, NO ONE IS MORE CONCERNED ABOUT SECURITY THAN ME.

WHEN I WAS A YOUNG ARCHITECT, I WAS GOING TO FORT WORTH TO SEE THE WATER GARDENS AND I LOOKED AT THAT DRAINAGE THING AND I SAID, PHILIP JOHNSON SHOULD HAVE PUT A GRATE

[01:00:01]

DOWN THERE BECAUSE FROM THE TOP YOU CAN'T SEE ANYTHING BUT THAT NO ONE PUT A GRATE THERE.

AND ONE DAY SOME CHILD JUMPED IN THERE AND THE FATHER JUMPED IN THERE TO TRY TO SAVE AND THEY DROWN.

AND ONE GRATE COULD'VE SAVED THE LIVES JUST RIGHT UNDER THE WATER LEVEL COULD SAVE THE LIFE.

THERE'S A POOL THERE, THERE'S A DOOR THERE.

BUT ONE DAY THAT DOOR COULD BE OPEN AND SOMEBODY COULD CLIMB OVER AND ACCESS IT.

AND I'M TELLING YOU, FORESIGHT IS THE BEST REMEDY AND CURE TO, UH, TRAGEDIES.

AGREED.

BUT HERE IN THIS ROOM BEFORE THE BOARD OF ADJUSTMENT, YES, YOU'RE SUPPOSED TO GIVE PERMISSION, NOT ASK FORGIVENESS.

I'M NOT ASKING FOR THAT.

I'M TAKING A LOOK AT THE FACTS AS THEY ARE.

THERE'S A POOL, THERE'S A STUMP, THERE'S PLACES TO CLIMB OVER.

THE PROJECT IS NOT DONE WITH REGARD TO THE COMMENT ABOUT THE, THE, UH, SPACES IN BETWEEN.

AND ON THAT ALONE, I'M REQUESTING VARIANCE.

NOW IF THAT DOESN'T WORK, I WILL BE FORCED TO CUT THE FENCE DOWN IN ACCORDANCE TO THE CODE.

I'M PREPARED TO DO THAT, BUT I'M HERE JUST BECAUSE THOSE CONDITIONS MATCH CODE.

CAN YOU GIMME JUST A SECOND QUESTION FOR LEGAL.

CAN WE IMPOSE A CONDITION NOT RELATED TO THE VARIANCE REQUESTED? YES, SIR.

YES SIR.

HI, ERICA LOPEZ, ASSISTANT CITY ATTORNEY? NO, THE, UH, POWER BEFORE THE BOARD IS THE, IT'S RELATED TO THE REQUEST.

SO IT JUST HAS TO BE FOR THE VARIANCE, UM, REQUESTED IN A CONDITION, UM, RELATED TO THE VARIANCE THAT IS BEING REQUESTED.

SO RIGHT NOW THEY'RE REQUESTING A VARIANCE FROM THE HEIGHT.

THANK YOU MADAM CHAIR.

VICE CHAIR HAWTHORNE.

I HAVE ONE QUESTION.

IT'S A YES OR A NO.

SO THE PICTURES OF THE FENCE THAT IT, THAT ARE IN THE PACKET SHOW THAT THERE IS BASICALLY A RETAINING WALL AND THAT THE FENCE DOES NOT, UM, THE WOOD PORTION OF THE FENCE DOES NOT COME UP TO THE COLUMN FACE THAT IT IS, IT'S IN THE MIDDLE, I BELIEVE.

YEAH.

SO, SO ALL ALONG THAT WALL YOU CAN JUMP THE, THE RETAINING WALL? UH, I THINK SO.

BUT WE COULD MOVE IT TO THE OUTSIDE IF THE BOARD WISHES IF THAT THAT IS I'M OKAY WITH THAT.

THAT IS THE QUESTION.

THANK YOU.

YEAH, WE CAN DO THAT.

WE CAN ALSO REDUCE IT TO EIGHT FEET IF YOU LIKE.

THANK YOU.

WE CAN ALSO DO THAT.

I CAN MAKE ADJUSTMENTS.

WE JUST DON'T.

THANK YOU.

PREFER NOT TO TEAR IT ALL DOWN.

UNDERSTOOD.

OTHER QUESTIONS? DISCUSSION.

DO HAVE A MOTION? I I HAVE A QUESTION FOR THE APPLICANT BOARD MEMBER, IF YOU'RE WILLING TO REDUCE IT TO EIGHT FEET, HOW FAR ARE YOU WILLING TO REDUCE THE HEIGHT DOWN TO, UH, EIGHT FEET IS KIND OF AN AM IT'S EASILY DONE, BUT IT'S AN AMBIGUOUS THING.

'CAUSE AS YOU MOVE ALONG THE WALL, SOME PARTS