[00:00:04]
[CALL TO ORDER]
IS 5:41 PM I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER.DIDN'T MEAN TO CUT YOU OFF, MELISSA.
I'M JUST WAS ENTERTAINING MYSELF UNTIL WE START.
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.
WELCOME TO OUR NEWEST APPOINTMENT BOARD MEMBER YOUNG JU KIM.
SO THIS IS 2, 3, 4, 5, 6, 7, 9 RIGHT OUT OF 10.
HAVE ALL THE BOARD MEMBERS ON THE DIOCESE SIGNED THE SIGN-IN SHEET? YEAH.
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.
SO FOR EVERYONE WHO IS GOING TO BE GIVING TESTIMONY TONIGHT, I NEED YOU TO PLEASE STAND TO TAKE YOUR OATH.
DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? PERFECT.
WE'LL BE STARTING WITH ITEM ONE, THE, OR IS THERE ANY PUBLIC COMMUNICATION? NO.
[APPROVAL OF MINUTES]
ONE, APPROVAL OF MINUTES FROM JULY 10TH, 2023.WE HAVE A MOTION TO APPROVE MADE BY BOARD MEMBER HAWTHORNE.
VICE CHAIR HAWTHORNE WITH A SECOND FROM BOARD MEMBER V O.
ANY DISCUSSION? OKAY, LET'S CALL THE VOTE.
MARGARET? OH, NOPE, SHE'S NOT HERE.
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.
[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.
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.
SO THE, THE ACTUAL RESULT IS A FIVE FOOT STEP BACK, BUT WHAT IS POSTED IS A 20 FOOT STEP BACK.
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.
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.
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.
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, SO DO I HAVE A SECOND? MICHAEL VON NOLAN.
OKAY, THIS IS A MOTION TO POSTPONE ITEM SIX AND EIGHT TO SEPTEMBER 11TH, 2023.
ANOTHER QUESTION I SHOULD ASK BOARD MEMBER.
KIM, AM I PRONOUNCING YOUR NAME CORRECTLY? YES.
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.
WHY DID I LOOP IT WHILE THAT'S REALLY, UH, IT'S THE APPLICANT IN PERSON.
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.
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.
UH, WE DO HAVE YOUR PRESENTATION SPEAKING.
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.
STATE YOUR NAME FOR THE RECORD, PLEASE AND YOU'LL HAVE FIVE MINUTES.
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.
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.
HER PHOTO'S TAKEN, UH, TIME OF ACQUISITION BY OUR CLIENT.
UH, ELEVATIONS LOOK A LOT DIFFERENT NOW.
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.
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.
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.
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.
AND THEN THE BLADE, AND THEN THE LITTLE FOX SHOT SIGN WAS GONNA GO ON THE SIDE.
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.
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.
PAINTING OVER THE, YEAH, PAINTING OVER THE MURAL AND JUST LOSES YOU VOTES.
THIS IS AUSTIN, TEXAS, AND THAT MURAL WAS PRETTY COOL.
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.
THE PICTURE RIGHT UNDERNEATH IT, THE SMALL PINK BOX SHOWS THE LOCATION OF THE BLADE SIGN.
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.
BUT THEN THAT LITTLE THING, THE CORRECT.
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.
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.
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.
[00:20:01]
COMMENT.UH, JUST THE MURAL, 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.
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.
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 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.
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.
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.
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.THIS IS A MOTION TO APPROVE MADE BY A BOARD MEMBER BY NOLAN, SECONDED BY MYSELF.
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.
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.
[4. C15-2023-0029 Stephen Hawkins for Austin Rowing Club 74 Trinity Street]
ITEM.STEVEN HAWKINS FOR THE AUSTIN ROWING CLUB, 74 TRINITY, TRINITY STREET.
WE'LL GET YOUR PRESENTATION PULLED UP.
STATE YOUR NAME, CAN YOU FOR THE RECORD, HEAR AND YOU'LL HAVE FIVE MINUTES.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
THE, I THINK THAT THE RESTORATION OF THE RIPARIAN ZONE WILL HAPPEN WITH
[00:35:01]
THE PROJECT.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 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.
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.
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.
I'M PRETTY SURE IT'S GONNA BE BUILT PROBABLY LIKE A MARINA DOCK.
IF NOT, THEY'LL BE, BE FLOATING DOWN.
THERE COULD BE WASTE LOWER UP, DOWN, DOWN THE LAKE THERE.
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.
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.
JOHN, THANKS SO MUCH 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.
[5. C15-2023-0033 George Ducas for Chuong Thai-Lazaro & Christian David Lazaro 828 Falkland Trace]
CASE.GEORGE DCAS FOR T LAZARO AND CHRISTIAN DAVID LAZARO, E TWO EIGHT FALIN TRACE.
HOPEFULLY I PRONOUNCED THAT CORRECTLY.
[00:40:01]
I WANNA, I WANNA THANK THE BOARD FOR THE GENEROSITY OF ALLOWING ME TO BE HERE.COULD YOU STATE YOUR NAME FOR THE RECORD, PLEASE? AND WE'LL HAVE FIVE MINUTES.
I DID HAVE A SLASH THERE IT IS.
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.
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.
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.
UH, THIS IS A PARTIAL RELEASE OF EASEMENT THAT PASSED.
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.
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.
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.
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.
UH, I WENT AHEAD AND MEASURED ALL OF THIS.
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.
AND THESE ARE THE CALCULATIONS I RAN FOR EVERY COLUMN.
AND ON THE INSIDE YOU'LL SEE THAT THE SOIL IS EVEN WITH THAT THREE FOOT LINE.
AND, UH, TO THE RIGHT IN THAT WHITE BUILDING THERE ON THE BOTTOM RIGHT SLIDE, THAT'S WHERE A SWIMMING POOL EXISTS.
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.
AND WITH A SIX FOOT FENCE, I'D HAVE ONE FOOT TO GET OVER AND IT'S ABOUT NINE INCHES AWAY.
THESE ARE LETTERS FROM THE, UH, UH, NEIGHBORS, UH, THAT ARE REQUIRED AS PART OF THE CODE.
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.
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.
AND AGAIN, UH, MORE PHOTOGRAPHS OF THE TELEPHONE POLE AND THE WOOD STUMP.
AND THERE ARE MEASUREMENTS THAT I TOOK SHOWING YOU HOW CLOSE THE FENCE AND THE WOOD STUMP ARE TO THE WALL.
YOU'RE ABOUT NINE INCHES AWAY.
IF THAT WERE A SIX FOOT WALL, WE COULD GET OVER JUMPING ONE FOOT.
SO THERE'S A TRIANGULATION THERE WHERE A PERSON CAN STAND IN MORE THAN ONE LOCATION.
GRAB THE WALL AND CLIMB OVER IT.
[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.
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.
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.
IS THERE ANY OPPOSITION POSITION? SEEING NONE.
LET'S CLOSE THE PUBLIC HEARING AND OPEN IT UP FOR QUESTIONS.
UM, THERE WAS A MENTION, I BELIEVE IN THE PACKET ABOUT IMPERVIOUS COVERAGE.
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.
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.
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.
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.
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.
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.
SO YOU'RE CAL YOU'RE CALCULATING FROM RESPECT TO THE STUMP? YEAH.
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
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.
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.
[00:50:01]
ANY FENCE OR TELEPHONE POLE NEXT TO IT.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.
NOW, BECAUSE THIS IS NOT A FINISHED PROJECT, WILL THESE SLOTS BE TOUCHING? YES.
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.
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.
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.
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.
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.
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.
VICE CHAIR DID, DID YOU CALL FOR ANY OPPOSITION AND CLOSE THE PUBLIC HEARING? YES.
'CAUSE 'CAUSE THIS IS THE, THIS IS QUESTION AND ANSWER TIME.
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.
I'LL, I'LL YIELD APOLOGIES FOR THAT BY CHAIR YIELD THE FLOOR.
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.
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.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.
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.
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.
SO JUST TO READ THAT INTO THE RECORD.
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.
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.
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.
WE'VE ALREADY BLOWN NINE MONTHS OR EIGHT MONTHS OR WHATEVER IT IS.
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.
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.
BUT HERE IN THIS ROOM BEFORE THE BOARD OF ADJUSTMENT, YES, YOU'RE SUPPOSED TO GIVE PERMISSION, NOT ASK FORGIVENESS.
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.
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.
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.
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.
WE CAN ALSO REDUCE IT TO EIGHT FEET IF YOU LIKE.
PREFER NOT TO TEAR IT ALL DOWN.
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 ARE SEVEN SOMETHING, SOME ARE EIGHT ONE AND SOME ARE EIGHT FOUR.
I PICK THE WORST CONDITION, WHICH IS ON THE CORNER.
IF I WERE TO FILL THAT IN WITH SOIL, IT WOULD BE EIGHT FEET.
UH, BUT YES, WE CAN GO AND CHOP IT DOWN A FEW BRICKS IF YOU WANT.
WHAT ABOUT SEVEN FEET? UH, SEVEN FEET.
I THINK GOING, I, I, I'D RATHER BE MORE ON THE, ON THE, ON THE SAFE SIDE.
I, I AM TRULY WORRIED ABOUT SOMEONE CLIMBING THE FENCE AT THIS POINT AFTER HAVING LOOKED IT OVER.
AND, UH, I MEAN SEVEN FEET WOULD, WOULD BE, UH, JACKHAMMERING CONCRETE TOO.
IS THAT THE RETAINING WALL THAT YOU, THAT YOU HAVE THE FENCE SITTING ON? IS IT BUILT ON THE PROPERTY LINE OR IS IT BACK BEHIND? IT'S A LITTLE BIT BACK FROM THE PROPERTY LINE.
HOW MUCH BACK WOULD YOU ESTIMATE? I WOULD SAY ABOUT A, MAYBE LIKE AN INCH.
UH, THAT RETAINING WALL IS EXEMPT FOR ENGINEERING DRAWINGS BECAUSE IT'S ONLY FOUR FEET LESS THAN FOUR FEET FROM THE TOP TO IN THE CONCRETE.
BECAUSE WHAT MY INITIAL THOUGHT WAS, IF YOU HAD MORE ROOM, I THINK YOU WOULD PROBABLY TWO THINGS.
NUMBER ONE, YOU'D PROBABLY HAVE A BETTER CHANCE OF GETTING AN EIGHT FOOT FENCE IF IT WAS A SOLID WOOD EIGHT FOOT FENCE.
SO I THINK WHAT, WHAT I'M HEARING FROM MY FELLOW COMMISSIONERS IS THAT REALLY YOU GOT A FIVE FOOT FENCE BECAUSE IT'S ON TOP OF THREE FEET OF RETAINING
[01:05:01]
WALL.AND THAT'S WHERE THEY'RE COMING BACK WITH THE FACT THAT SOMEBODY CAN STAND ON A RETAINING WALL, KICK A LEG UP AND KICK OFF.
YOU KNOW, THAT'S, I THINK THAT'S WHERE THE MISCOMMUNICATION HERE IS COMING IN SOMEWHAT.
UM, NOW AS FAR AS EIGHT FOOT FENCE AND BEING TOPOGRAPHY, AND I'VE PUT IN MANY, MANY FENCES FOR THE PARKS DEPARTMENT, ZILKER PARK, EVERY PLACE ELSE, SCHOOLS EVERYWHERE AROUND THE CITY OF AUSTIN FOR THE CITY OF AUSTIN.
AND I KNOW THAT EVERYBODY LIKES TO HAVE A NICE STEADY STRAIGHT LINE, BUT THEY CAN ALSO BE STAIR STEPPED.
AND NOW THAT WE HAVE AN, WE ALSO HAVE AN EXPERIENCED ARCHITECT ON THE DAIS.
WE, WE, YOU KNOW, IT'S EASY TO STAIR STEP YOUR SECTIONS DOWN SO IT DOESN'T LOOK LIKE MM-HMM.
I UNDERSTAND THAT, BUT, UH, MY, MY, IT IS, IT'S, UH, THIS IS GONNA BE A HARD ONE, UH, BECAUSE I'M NOT SURE WHERE YOU'RE AT ON THE IMPERVIOUS COVER.
DON'T, DON'T COMMENT ON IT, BECAUSE I DON'T WANT, IF, IF WE PASS THIS VARIANCE, I WILL SAY, IF IT COMES BACK IN FRONT OF, AT LEAST MYSELF PERSONALLY, AGAIN, I'M GONNA HAVE A HARD TIME PASSING ANOTHER VARIANCE ON IT.
I WILL MAKE A MOTION TO APPROVE BASED ON EIGHT FEET, UH, OKAY.
I THINK THE LETTER IN, IN MY PACKET STATES, YOU'RE WILLING TO DO THAT.
I THINK THAT'S A REASONABLE COMPROMISE.
UH, I DON'T, I FEEL FOR THE, UH, THE HOMEOWNERS, I UNDERSTAND THEIR SITUATION, I FEEL FOR THEIR HEALTH AND THEIR, THEIR DISABILITIES.
E BUT I, EVEN THOUGH WE CAN'T TAKE THOSE INTO CONSIDERATION THAT'S RIGHT.
TO ME, THIS IS JUST MORE OF, UM, AN, A COMPROMISE TO AT LEAST NOT BURDEN THEM WITH ANY ADDITIONAL THANK YOU.
AND I'M ALSO BASING THAT ON, ON YOUR STATEMENT THAT THE, THOSE FENCE PANELS ARE GONNA BE SOLID.
AND ONE OF THE THINGS THAT I WOULD RECOMMEND IS PROBABLY MOVING THE PANEL OUT A LITTLE BIT.
OKAY, SIR, I'M SORRY, I'M GONNA INTERRUPT REAL QUICK.
IF HE DOESN'T APOLOGIZE, PLEASE.
THEN I, SINCE YOU AND SINCE YOU DID SAY YOU COULD DO THAT, UH, I WOULD MAKE A, A, THE, THE, THE, UH, MOTION BASED UPON MOVING THE PANELS OUT.
SO IT'S MORE FLUSHED SO YOU DON'T HAVE A STEP TO STEP ON.
'CAUSE OTHERWISE IT DEFEATS THE, THE WHOLE PURPOSE OF HAVING IT AS A SAFETY FENCE.
SO, SO IS THAT PART OF YOUR MOTION? THAT WILL BE PART OF MY MOTION.
AND MOVE THE FENCE TO THE OUTSIDE OF THE PANELING WALL TO MOVED FLUSH WITH THE OUTSIDE OF THE WALL.
THEREFORE, IT'LL BE ONE CONTIGUOUS, ONE CONTIGUOUS PANEL PLANE.
A LEVEL PLANE, NOT A FOOTHOLD.
WHICH IS THE SAME AS A CHAIN LINK FENCE OR A DEADWOOD TREE.
AND IF WE'RE DOING THIS FOR SAFETY, THEN THAT'S THE, THAT'S THE WAY IT SHOULD BE DONE.
WITH THE PANELS MOVING OUT, BEING SOLID, UM, AND AT EIGHT FEET.
AND, AND I DO FEEL LIKE THAT IS BEING INCREDIBLY GENEROUS.
BOARD MEMBER POTE, WAS THAT A SCRATCH OR A HAND RAISE? SCRATCH.
ANY OTHER QUESTIONS OR DISCUSSION? FEEL THAT WAY MYSELF, BRIAN.
THE ZONING, THE ZONING REGULATIONS MAY APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR A REASONABLE USE BECAUSE THE PRESENCE, UH, LET'S SEE THE PRESENCE OF THE SPA AND POOL AND THE LOWER FENCE WOULD BE HAZARD TO THE AREA.
SINCE THERE ARE ADJACENT STRUCTURES THAT CAN BE USED TO THE NORTHEAST AND NORTHWEST TO TRAVERSE THE LOWER FENCE HARDSHIP, THE HARDSHIP FOR THE VARIANCE YOU REQUESTED IS UNIQUE TO THE PROPERTY IN THAT.
AND I'M GONNA SWITCH THESE AROUND BECAUSE I THINK YOUR HARDSHIP IS BETTER EXPLAINED.
UNDER B, THE PROPERTY HAS A STEEP SLOPE.
THE FENCE IS USED TO STABILIZE ACCESSIBILITY AND MOBILITY BY RETAINING FLAT GROUNDS.
AND THE FENCE ALSO PROTECTS AGAINST A PA POTENTIAL HAZARDOUS HEALTH AND SAFETY CONDITIONS BECAUSE OF A SPOOL AND PA SPOT.
THE DEFENSE ALSO PROTECTS AGAINST ADJACENT STRUCTURES THAT ALLOWS OTHERS TO TRAVERSE A LOWER FENCE.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH A PROPERTY IS LOCATED BECAUSE THE PROPERTY HAS A POOL AND SPA AND FALLS UNDER THE SECTIONS OF FENCES AND ACCESSORY USES PARTS ONE AND TWO.
AND THE FENCE IS TO MINIMIZE THE SECURITY PROBLEMS AND HAZARDOUS ISSUES.
THE CLIENT REQUESTS PERMISSION TO USE THE PROP PROPERTY WITHOUT ENCUMBRANCES AND ALSO HAS APPROVAL OF THE NEIGHBORHOOD AREA CHARACTER.
THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF ADJACENT CONFORMING PROPERTY, AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED.
[01:10:01]
PROPERTY OF MASON AND CONSTRUCTION, THE FENCE BLENDS WELL WITH THE ARCHITECTURE OF THE NEIGHBORHOOD.I WILL LEAVE IT AT THAT MADAM CHAIR.
SO THIS IS A MOTION TO APPROVE AT EIGHT, AN EIGHT FOOT FENCE.
AND HAVING THE WOODEN PANELS MOVED, FLUSHED TO THE OUTSIDE OF THE RETAINING WALL MADE BY BOARD MEMBER VON OLAND, SECONDED BY VICE CHAIR HAWTHORN.
I'M GONNA GO AHEAD AND CALL THE VOTE.
PERSONALLY, I'M VERY MUCH WITH VICE HAWTHORN.
I THINK BAD FENCES MAKE BAD NEIGHBORS, AND I AM SYMPATHETIC TO THE APPLICANT'S PLEA.
YOU KNOW WHAT, I'M GONNA, WE'RE GONNA COME BACK TO YOU.
UM, MARCEL GARZA,
I THINK SINCE I-PHONE, I THINK THAT SINCE I ADDED TO SOME OF THE CONDITIONS THAT I FEEL THAT I MUST VOTE.
I AM NOT A FENCE SYMPATHETIC INDIVIDUAL, BUT I WILL VOTE YES SINCE I WENT SINCE MICHAEL WAS GALLANT AND, AND MADE THE MOTION.
UM, I WAS ALSO TORN, UH, WITH THIS CASE, BUT I THINK, YOU KNOW, UM, MICHAEL'S COMMENTS AND SOME OF THE OTHER SAME CONCERNS THAT, UM, I HAD RAISED BY OTHERS, I THINK IT'S ADDRESSING THE PRIMARY THINGS I WAS CONCERNED ABOUT.
BUT ALSO AMBIVALENT, BUT YES, SO THAT'S BACK TO ME.
NO, I SIMPLY, BECAUSE I AM ADAMANTLY OPPOSED TO EIGHT FOOT FENCES AND IT'S NOT GOING TO DENY YOUR, YOUR VARIANCE, BUT, UH, FOR THE RECORD, I'M JUST VERY AGAINST TALL FENCES, SO THAT'S GOING TO BE EACH ONE.
THANK YOU SO MUCH AND HAVE A GREAT EVENING.
I THANK THE BOARD FOR ITS WONDERFUL COMPROMISE.
IF I MAY COMMENT, THAT WAS PROBABLY THE HARDEST FENCE, UH, CASE WE'VE HAD VARIANCE THAT WE HAD.
EIGHT FOOT FENCES NORMALLY DON'T HAPPEN AND WE ALL FEEL PRETTY MUCH THE SAME WAY ABOUT THEM, BUT UNDER THE CIRCUMSTANCES, I JUST FELT THERE WAS A REASONABLE COMPENSATION.
YEAH, I WAS PRETTY SYMPATHETIC TOO.
I NEED TO LOOK UP A PARLIAMENTARY PROCEDURE REAL QUICK.
SO I, I NEED TO ADDRESS SOMETHING FROM ITEM THREE.
AND I THINK THE ONLY WAY WE CAN DO THAT IS WITH A RECONSIDERATION, BUT THAT'S NOT, I'M JUST GONNA, THE CITY COMES AFTER ME ABOUT IT.
THE GUY WHO JUST PRESENTED ITEM THREE.
HE SAID, PLEASE PASS THE MESSAGE ONTO THE BOARD THAT THE ICONIC MURAL AT 2270 GUADALUPE IS STAYING, UH, IT'S ACTUALLY IN THE CLIENT'S LEASE TO PRESERVE IT.
AND HE JUST WANTED TO SHARE THAT.
'CAUSE I WAS GOING TO PROBABLY THROW, UH, LEGAL OUT THERE IN FRONT OF US BY SEEING IF I COULD HAVE MADE IT A CONDITION OF PASSING THE VARIANCE.
[01:15:01]
TO MAKE A MOTION TO WITHDRAW AND RECONSIDER AND ATTACH IT AS A, UH, CONDITION OF THE VARIANCE THAT THE MURAL STAYS? WE COULD DO THAT IF YOU WANTED.SO YOU, ME TO, WELL, THEN SHE WANTS US TO CHANGE THE TOPIC 'CAUSE IT'S, WE'VE CLOSED THE I KNOW.
THAT'S WHY I SAID I COULD MAKE A MOTION TO THIS IS TRUE.
WITHDRAW AND RESEND OUR PREVIOUS ACTION.
I'M WILLING TO, TO SECOND IT IF YOU WANNA DO THAT.
AND IT WOULD REALLY BE NOT THERE VERY MUCH FINE.
ISN'T IT ALREADY A CONDITION OF LIKE, DID YOU JUST SAY THEIR LEASE DIDION? I, I'M, I'M, I'M JUST MESSING WITH HER.
SHE, SHE'S BEING MELISSA MESSING YOU GIRLS KIND OF THING.
[7. C15-2023-0035 Tisha Ritta for Melissa Maynard 8003 Parkdale Drive]
C 15, 20 23 0 0 3 5.KEISHA RITA FOR MELISSA MAYNARD.
I, DID I SAY IT PLEASE? 8,003 PARKDALE DRIVE.
DID I SAY THAT CORRECTLY? TISHA RETA.
GIMME JUST, UH, YOUR PRESENTATION IS UP.
STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES TO PRESENT.
UM, I'M THE APPLICANT AND REPRESENTED ON BEHALF OF THE OWNER FOR 8 0 0 3 PARKDALE DRIVE.
UH, OUR TEAM IS CURRENTLY WORKING WITH THE CITY'S RESIDENTIAL REVIEW DIVISION TO OBTAIN RETROACTIVE PERMIT APPROVAL.
THE PREVIOUS OWNER OF THE PROPERTY RECONSTRUCTED THE CARPORT IN THE SAME LOCATION AND FOOTPRINT AS BEFORE.
HOWEVER, DUE TO THE IMPROVEMENTS, A NEW VARIANCE IS REQUIRED.
THE INITIAL DWELLING WAS CONSTRUCTED IN 1964, FEATURING A SEPARATE CARPORT PRESENTED.
HERE ARE SURVEYS OF THE REFERENCE PROPERTY, CALLING OUT THE DISTANCE BETWEEN THE CARPORT AND FRONT PROPERTY LINE BEFORE AND AFTER THE ENHANCEMENTS UNDERTAKEN ON THE PRE-EXISTING CARPORT.
IN 2006, A VARIANCE IN BUILDING PERMIT WAS GRANTED FOR THE ADDITION OF A NEW DETACHED CARPORT TO DECREASE THE FRONT SETBACK REQUIREMENT FROM 25 FEET TO 16 FEET SIX INCHES.
THE CURRENT, THE CURRENT VARIANCE QUEST AIMS TO REDUCE THE MINIMUM FRONT SETBACK REQUIREMENT FROM 25 TO 17 FEET IN ORDER TO PRESERVE THE EXISTING CARPORT.
THIS, THIS SLIDE HIGHLIGHTS A LIST OF EIGHT NEIGHBORING PROPERTIES ON PARKDALE DRIVE THAT SHARE THE CHARACTERISTIC CHARACTERISTIC OF HAVING A CARPORT, MAKING THIS CARPORT ALIGN WITH THE ESTABLISHED FEATURES OF THE SURROUNDING NEIGHBORHOOD.
HERE IS A COMPILATION OF PICTURES SHOWCASING THE EIGHT ADJACENT PROPERTIES MENTIONED IN THE PREVIOUS SLIDE.
UH, IT IS EVIDENT THAT THESE CARPORTS WERE CONSTRUCTED A WHILE BACK, AS WELL AS THE OVERALL AESTHETIC MATERIALS INSTRUCTORS APPEAR OUTDATED.
THE PROPERTY AND CARPORT DEPICTED HERE IS THE IMAGE THAT PERTAINS TO THE CURRENT VARIANCE REQUEST.
NOTABLY, THE ENHANCEMENTS MADE TO THIS PREEXISTING CARPORT SERVE TO MAINTAIN ITS FUNCTIONALITY AND PROVIDE SAFETY FOR THE HOMEOWNERS AND THEIR VEHICLES WHERE NO GARAGE EXISTS.
THIS HAS BEEN ACHIEVED BY FORTIFYING THE STRUCTURE WITH MATERIALS THAT PROVIDE BETTER SUPPORT AND ADHERE TO CURRENT BUILDING CODES, WHILE ALSO ENHANCING ITS OVERALL APPEAL.
SIMILAR TO THE PREVIOUS 2016 VARIANCE REQUEST, I GARNERED SUPPORT FROM THE RESIDENTS OF PARKDALE DRIVE, THOUGH PERSON THROUGH PERSONAL CONVERSATIONS WITH THESE HOMEOWNERS.
THEY EXPRESSED TO ME THEIR ENDORSEMENT FOR THE NEW AND APPROVED CARPORT, WHICH ADDS TO THE OVERALL ATTRACTIVENESS AND APPEAL TO THE PROPERTY AND NEIGHBORHOOD.
THE PROVIDED SCREENSHOT WAS EXTRACTED FROM THE CITY'S PRO PROPERTY PROFILE SITE, UH, DISPLAYING A LIST OF CARPORT VARIANCES THAT WERE GRANTED APPROVAL IN 2006.
DETAILED INFORMATION REGARDING EACH OF THESE CASES IS PROVIDED BELOW THE IMAGE.
UH, A SIGNIFICANT MAJORITY OF THESE REQUESTS WERE APPROVED FOR A FRONT SETBACK, SMALLER THAN 17 FEET.
17 FEET, WHICH ALIGNS WITH THE VARIANCE WE ARE CURRENTLY ASKING FOR.
THANK YOU FOR YOUR TIME AND CONSIDERATION.
HAPPY TO ANSWER ANY QUESTIONS.
IS THERE ANY OPPOSITION? SEEING NONE.
I'M GOING TO CLOSE THE PUBLIC HEARING AND JUST WANTED TO START WITH A LITTLE TIDBIT OF INFORMATION.
I'M NOT TRYING TO BURST YOUR BUBBLE, BUT NO, IT DOESN'T MATTER WHAT THE OTHER PROPERTIES HAVE.
EVERY PROPERTY IS CONSIDERED UNIQUE IN FRONT OF THE BOARD OF ADJUSTMENTS, SO WE HAVE TO TREAT IT LIKE IT'S ITS OWN INDIVIDUAL UNDERSTOOD ENTITY.
SO, QUESTIONS BOARD MEMBER BY NOLAN.
BOY, YOU'RE JUST JOHNNY ON THE SPOT TODAY, AREN'T YOU? MY QUESTION IS, HOW DID THE, THE DIFFERENCE BETWEEN THE 2006 PERMIT VARIANCE AND WHERE THE EXISTING CAR REPORT TODAY, HOW DID THAT HAPPEN? HOW DID THAT COME ABOUT? HOW DID THAT COME ABOUT? UM, THE PROPERTY WAS RECENTLY PURCHASED BY A NEW OWNER, UM, WITHIN THE PAST SIX MONTHS, THAT PREVIOUS OWNER
[01:20:01]
REMODELED THE INSIDE OF THE HOME AND REDID THAT CARPORT.UM, AND THIS NEW OWNER PURCHASED IT.
UM, DURING THAT TIME, SHE REACHED OUT TO ME, UM, AND NEEDED TO DO A RETROACTIVE REMODEL.
AND DURING THAT REVIEW, THE CARPORT REMODEL WAS DISCOVERED DURING THE CITY REVIEW.
THAT'S, I WAS CURIOUS ABOUT THAT.
'CAUSE I DID SEE THE PICTURE THAT YOU HAD WHERE YOU HAD THE OLD HOUSE AND YOU HAD THE NEW HOUSE AND I WAS LIKE, BY THE FANCY CARPORT YOU GOT THERE.
AND THAT CONTRACTOR COMPLETED ALL OF THAT WORK WITHOUT PERMITS AND THEN SOLD THE HOUSE.
DAMN CONTRACTORS I TELL YOU CAME TONIGHT.
WELL, UH, I DON'T HAVE A PROBLEM WITH IT KNOWING THAT, 'CAUSE I ALSO DID LOOK, AND I NOTICED IT STATED IN YOUR, THE AFFIDAVITS THAT THE, THERE WAS A, IT WAS ORIGINALLY, CARPORT WAS ORIGINALLY CONSTRUCTED IN 64.
THERE WERE CARPORTS WERE POPPING UP LIKE CRAZY BACK IN THE EARLY EIGHTIES OUT THERE.
UM, WELL, SO I DIDN'T KNOW IF IT WAS ALL THE WAY.
I REMEMBER CODE ENFORCEMENT GOT REAL EXCITED ONE YEAR AND WE ENDED UP YES.
HEARING MORE CARPORT CASES THAN ANYTHING ELSE.
DO YOU WANT ME TO SEPARATE YOU TWO
WE'RE HAVING FUN OVER HERE, BUT THAT WAS TRUE.
WE HAD AS A, AS WE WENT FROM A SLEEPY LITTLE COLLEGE TOWN AND OUR, OUR CODE ENFORCEMENT GREW.
WE WERE DOING CARPORTS EVERY WEEK, EVERY MONTH.
BUT, UM, UH, THAT, THAT WAS WHERE I WAS GOING WITH IT.
I WAS WONDERING IF THE CURRENT OWNER DID IT, IF THE PRIOR OWNER WHO REMODELED AND DID IT.
I'M NOT ONE FOR PUNISHING A NEW OWNER FOR SOMETHING THAT THEY BOUGHT, EVEN THOUGH THAT I THINK THAT IF THEY'RE INTELLIGENT ENOUGH TO BUY IT AND WITH THE, UH, WITH THE, UH, CIVIL, WITH THE PLAT PLATTS AND EVERYTHING, THAT THEY SHOULD BE ABLE TO, UH, CATCH SOME OF THESE THINGS.
BUT IN THIS CIRCUMSTANCE, I'M GONNA MAKE A MOTION TO APPROVE, UH, PROVIDED THAT IT STAYS OPEN ON THREE SIDES.
AND I DIDN'T, DON'T RECALL IF THERE WERE GUTTERS ON IT ALREADY, BUT, UM, IF THERE WAS GUTTER RAIN GUTTERS ON THE SIDES, OH, I'LL HAVE, I'M NOT SURE.
BECAUSE THAT'S GONNA BE A CONDITION.
I ALWAYS PUT THAT AS A CONDITION WHEN I MAKE A MOTION FOR CARPORTS BECAUSE I FEEL IT'S VERY IMPORTANT.
THIS ONE HAS GOT A PITCH ON IT.
AND SO IF IT'S GOT A PITCH ON IT TO KEEP THAT WATER FROM HITTING INTO YOUR NEIGHBOR'S YARD, A LITTLE BIT OF COURTESY IS BY PUTTING GUTTERS ON IT.
AND THEN THE REASON THAT I WILL MAKE THE MOTION ALSO TO CON CONDITION IT UNDER THE THREE SIDES STAY OPEN IS BECAUSE I DON'T WANT, I, NO, I'VE BEEN UP HERE A LONG TIME AND PEOPLE SEEM TO FORGET SOMETIMES.
I REMEMBER WHEN THEY CAME AND ASKED FOR A CARPORT VARIANCE AND NOW THEY'RE BACK ASKING FOR ANOTHER VARIANCE BECAUSE THEY CAN CLOSE THE CARPORT AND THEY WANT ANOTHER CARPORT.
MY MEMORIES SOMETIMES CAN BE VERY LONG.
SO I JUST WANNA MAKE SURE THAT IT STAYS OPEN ON THREE SIDES.
UM, THE CARPORT IS TO REMAIN ACID.
I'M SORRY, THAT WASN'T A QUESTION.
YEAH, SO THAT WOULD BE A CONDITION OF MY HEAD CONDITION OF, UH, GUTTERS ON ALL SIDES.
UH, OR ON THE, ON THREE SIDES.
YEAH, ON THE, JUST ON THE ADJACENT SIDE WITH THE, FOR THE NEIGHBOR.
WELL, ACTUALLY THE, I'M GOING WITH ALL THREE SIDES BECAUSE IT'S ALREADY, THAT PICTURE RIGHT THERE LOOKS PRETTY GOOD THE WAY IT IS PRETTY FANCY.
AND YES, JIM DUNT DID ASK FOR THAT VARIANCE BACK IN THE DAY.
SO, SO GUTTERS THREE SIDES AND THREE SIDES.
STAY OPEN ON THREE SIDES AND GUTTERS.
OTHER QUESTIONS? I'M, I'M JUST CURIOUS ABOUT WHY IT'S THREE SIDES OF THE GUTTERS, BECAUSE THAT'S REALLY A CARPORT.
THE WAY THE CARPORT IS CONSTRUCTION, IT, IT'S BUTTED UP TO UP, IT'S BUTTED UP TO THE HOUSE.
SO THAT FOURTH SIDE IS ALREADY ENCLOSED.
THE REASON I ALWAYS ASK FOR THREE SIDES TO STAY OPEN IS BECAUSE PRI, THAT'S HOW THE CAMEL'S NOSE GETS UNDER THE TENT.
THE ONE SIDE WILL BE ENCLOSED AND THE NEXT THING YOU KNOW, THE NEXT SIDE SIDES IT CLOSED GARAGE.
AND THEN IT'S GOT A NICE GARAGE FACADE WITH WINDOWS ON IT.
AND THEN IT'S A BEDROOM AND THEY KICK A DOOR INTO IT.
OH, I, I WAS MEANING FOR IT MORE FOR THE GUTTERS.
OH, THE, THE, THE REASON I ASKED FOR THE GUTTER IS 'CAUSE THIS ONE IS NOT A FLAT ONE.
AND SO SINCE IT'S PITCHED, IT'S BUTTED UP, IT'S GONNA BE UP AGAINST THE NEIGHBOR'S PROPERTY LINE.
AND SO THEREFORE THE WATER, THE EROSION ON A GOOD HEAVY STORM, IT'LL CLEAR OUT AND IT WILL ERODE THE SOIL ON THE PROPERTY'S LINE.
SO IT'S JUST MORE OF, MORE OF, UH, BEING CONSIDERED OF THE NEIGHBOR.
WOULD YOU TYPICALLY PUT, UH, CAN YOU HANG ON PLEASE? UH, GUYS, JUST A BLANK.
YOU DO NEED TO RAISE YOUR HAND AWAY FOR ME TO CALL ON YOU BECAUSE WE DO HAVE OTHER BOARD MEMBERS WITH QUESTIONS.
BOARD MEMBER POTID, JUST ON THE, THE GUTTERS ON PRE SIDES QUESTION, UH, DOES IT MAKE SENSE FOR THE GUTTERS TO BE ON THE FRONT GIVEN THAT THE NO ROOF SLOPES LIKE AN A-FRAME
[01:25:01]
TO THE, THE SIDES? NO, I DIDN'T MEAN FOR THREE SIDES.MY CONTRACTOR, SO YEAH, NO, I DIDN'T, I DIDN'T MEAN FOR THREE SIDES.
I MEANT ON THE SIDE, ON THE PROPERTY, THE PROPERTY LINE SIDE, THE OPTION FOR THEM TO PUT IT ON THE OTHER SIDE IS UP TO THEM.
IF THEY WANNA RUN THROUGH THE RAIN TO GET TO THE FRONT DOOR, THAT'S, THAT'S THEIR CALL, YOU KNOW, I MEAN, BUT THE, AT LEAST ON THE, THE, UH, PROPERTY SIDE, THE NEIGHBOR'S SIDE.
SO YOU'RE CHANGING THAT TO BE JUST ON THE PROPERTY LINE SIDE? YEAH, I'M GOOD WITH THAT FOR THE GUTTERS.
I I'M THE TRANSLATOR OVER HERE.
THAT'S WHY I'M ALWAYS IN TROUBLE ON THE PROPERTY LINE SIDE.
BOARD MEMBER GARZA FOR YOU GOT, I GOTCHA.
DID YOU HAVE A QUESTION BOARD MEMBER KIM? NOPE.
I, I HAD A QUESTION THAT MAYBE, UH, ONE OF MY MORE EXPERIENCED BOARD MEMBERS CAN HELP ME WITH AND, 'CAUSE I'M SURPRISED IN THE FIVE YEARS I'VE BEEN ON HERE, I'VE NEVER SEEN A CASE WHERE, WHERE IT'S CHANGED LIKE THIS, WHERE IT'S GONE FROM A FLAT ROOF TO A SLOPED ROOF.
'CAUSE LOOKING AT LIKE GOOGLE MAPS AND THE PICTURES OF THE OTHER CARPORTS ON THIS STREET, I DON'T SEE ANY OTHER SLOPED ROOFS.
DOESN'T THAT FALL UNDER CHANGING THE AESTHETICS OF THE NEIGHBORHOOD? MAYBE BOARD MEMBER OR VICE CHAIR HAWTHORNE? SO I, I THINK IT ACTUALLY KIND OF GAVE IT A LITTLE STYLE.
I MEAN, OH NO, I THINK IT LOOKS GREAT, BUT I JUST, RIGHT.
I MEAN, I THINK IT ACTUALLY GAVE IT A LITTLE STYLE, BUT, SO THEY CAME, THEY GOT A VARIANCE FOR A CARPORT THAT WAS BUILT WITHOUT A PERMIT THAT HAD BEEN THERE SINCE THE SIXTIES.
AND IT WAS FLAT AND IT WAS UGLY.
AND THE THING ABOUT A CARPORT IS IT'S HELD UP BY FOUR POSTS.
YOU, YOU TAKE THE POSTS AWAY, THERE'S CARPORT'S GONE.
I MEAN, SO THERE'S NO WAY YOU CAN RECONSTRUCT A CARPORT IF YOU TAKE, I MEAN, YOU GONNA HOLD IT
SO I THINK IT ACTUALLY WAS AN IMPROVEMENT AESTHETICALLY AND WITH THE SUPPORT FROM THE NEIGHBORING PROPERTIES, I, I THINK IT WAS A, BUT DOESN'T THE, THE SLOPED ROOF MAKE IT OUT OF CHARACTER? 'CAUSE THE REST ALL FLAT.
I KNOW THAT THAT'S, THAT WAS THE STYLE AND THE SIXTIES.
YEAH, IT WAS, BUT WELL, I, I MEAN, I GUESS IT, IT WOULD, THEY ALL ENCROACH.
THAT TO ME THAT MAKES IT, I THINK YOU HAVE A VALID POINT, BUT I DON'T KNOW THAT IT MAKES A DIFFERENCE.
I DON'T, YEAH, NO, THE NEIGHBORS SIGNED OFF ON IT, SO I'M NOT AGAINST THIS.
I WAS JUST, I DON'T THINK IT REALLY ALTERS THE CHARACTER OF THE NEIGHBORHOOD AS MUCH AS IT SORT OF, AND WE HAVE TO BE VERY CAREFUL WITH WHAT I'M GONNA SAY BECAUSE I DON'T WANT US TO DO A BUNCH OF VARIANCES.
BUT IT ACTUALLY STEPS, YOU KNOW, I MEAN IT'S AN IMPROVEMENT STYLES CHANGE OVER TIME, ARCHITECTURALLY AND EVERYTHING ELSE AESTHETICALLY.
AND SO IT ACTUALLY BRINGS THE CHARACTER OF THE NEIGHBORHOOD UP A LITTLE BIT.
SO MAYBE THE REST OF 'EM GOTTA STEP UP THEIR GAME, BUT HOPEFULLY THEY DON'T COME FOR A VARIANCE IN THE PROCESS OF DOING SO.
YOU MADE THAT MOTION TO APPROVE CORRECT.
UM, I DID WANNA TAKE A MINUTE AND REMEMBER MR. JIM BENNETT FOR THOSE VICE CHAIR.
THAT I DON'T KNOW IF JIM, JIM WAS THE ZONING DEPARTMENT AT THE CITY OF AUSTIN UNTIL HE RETIRED.
AND THEN HE, AND HE ACTUALLY WAS THE, THE STAFF PERSON THAT PRESENTED TO US HERE AT THE BOARD OF ADJUSTMENT.
AND SO SUSAN WALKER DID, AND THEN JIM RETIRED AND WENT TO PRIVATE AND HE WAS A CARD, UH, LIKE NO OTHER.
AND IF YOU SMOKE LIKE A CHIMNEY COULD BE MEAN AS A SNAKE.
BUT DO YOU THINK THAT ONE'S OKAY FOR THE F C C? MR. BENNETT WAS A RARE BREED THAT, YOU KNOW, BACK TO KEEPING AUSTIN WEIRD.
AND HIS SON, EVERY NOW AND AGAIN, YOU'LL SEE HIS SON RODNEY PRESENT.
ARE THERE ANY OTHER QUESTIONS BEFORE WE VOTE? FINDINGS, REASONABLE USE.
THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR A REASONABLE USE BECAUSE THE ORDINANCE PREVENTS PROPERTY FROM BEING REASONABLE AS THE CARPORT IS BE, HAS BEEN ERECTED AND USED FOR AN EXTENDED PERIOD OF TIME.
THE HARDSHIP FOR WHICH VARIANCE IS RE REQUESTED IS UNIQUE TO THE PROPERTY IN THAT THIS PARTICULAR CARPORT HAS BEEN ERECTED AND WAS ALREADY EXISTING TO THE NEW HOMEOWNERS AND BUYERS.
THE EXISTING LOCATION OF THE HOUSE AND LAYOUT OF THE SITE PREVENT THE CARPORT FROM BEING PLACED ELSEWHERE ON THE LOT.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE AGAIN, THE CARPORT HAS EXISTED AT THIS LOCATION FOR A, AN
[01:30:01]
AN EXTENDED PERIOD OF TIME AND HAS NOT CREATED PROBLEM FOR SURROUNDING 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 DISTRICT IN WHICH THE PROPERTY IS LOCATED.
BECAUSE THIS, THIS PARTICULAR CARPORT WILL ACTUALLY ADD TO THE CHARACTER OF THE AREA DUE TO THE FACT IT'S ALSO BEEN ERECTED FOR AN EXTENDED PERIOD OF TIME.
IT'S CONSISTENT WITH SEVERAL ADJACENT PROPERTIES ON PARKDALE DRIVE.
AGAIN, THIS IS A MOTION TO APPROVE, UH, WITH THE CONDITIONS OF GUTTERS ON THE PROPERTY LINE SIDE.
AND THAT THREE SIDES STAY OPEN, MADE BY BOARD MEMBER JUAN OWEN.
SO THAT FINISHES OUR HEAVY LOAD FOR THE NINE OR ACTUALLY NOT SO HEAVY, UH,
[9. Discussion of the July 10, 2023 BOA activity report]
ITEM NINE, DISCUSSION OF THE JULY 10TH, 2023 B L A MONTHLY ACTIVITY REPORT.AND I GOT IT IN ON TIME, I THINK, WAS IT ON TIME ELAINE? YEAH, IT WAS LIKE RIGHT SQUEAKER, LIKE MIDNIGHT QUESTION.
BUT THE BOARD ACTIVITY REPORT HELPED ME DO MY ANNUAL CHAIR REPORT FOR THE CLERK'S OFFICE.
I'LL LET Y'ALL PICK THE FLAVORS THIS TIME.
ANY OTHER DISCUSSION? QUESTION, COMMENTS? NOPE.
[10. Discussion regarding future training for board members]
10.DISCUSSION REGARDING FUTURE TRAINING FOR BOARD MEMBERS.
I'M SORRY THAT I HAVEN'T FOLLOWED UP ON THIS SOONER.
WHERE ARE WE AT ON THAT BULLPEN ISSUE? ANY PROGRESS? NO.
CLERKS STILL BEING WE CAN USE THIS ROOM, THAT ROOM ACROSS THE WAY? NO.
OR MS. LOPEZ QUESTIONS PLEASE.
SO WE CAN USE WHY, WHY IS THIS A PROBLEM NOW? WHY IS THIS A PROBLEM NOW? DO YOU DO, ARE YOU AWARE OF THE SITUATION? I'M NOT SURE IT'S A LEGAL PROBLEM, BUT MAYBE A LOGISTICAL PROBLEM BECAUSE IF YOU WANT TO HAVE, UM, THERE'S ONLY CERTAIN ROOMS IN CITY HALL THAT HAVE, UM, CAPABILITY FOR STREAMING.
SO IF IT'S, IT MAY BE POSSIBLE TO REACH BACK OUT TO THE CLERK'S OFFICE TO SEE IF, IF EVERYBODY ATTENDS IN PERSON, WHETHER OTHER ROOMS WOULD BE AVAILABLE.
NOT SURE IF THAT'S BEEN EXPLORED, BUT THIS IS NOT A LEGAL ISSUE.
THAT WAS ACTUALLY QUITE NICE ACTUALLY.
I WAS TOLD IT WAS A LEGAL ISSUE THAT WE HAD TO NOTICE IT AND ALLOW THE PUBLIC IN, WHICH WE NOTICED LAST TIME, BUT IT WAS IN THE BULLPEN.
THAT WAS THE TRAINING I WENT THROUGH TWICE NOW.
SO IT'S MY UNDERSTANDING THAT THERE ARE ONLY TWO ROOMS IN CITY HALL THAT HAVE CAPABILITIES FOR STREAMING OF BOARD MEMBERS.
AND SO, UM, IF YOU HAD WANTED EVERY BOARD MEMBER TO ATTEND PHYSICALLY, THAT MIGHT OPEN UP OTHER OPTIONS.
BUT AGAIN, THAT IS NOT A LEGAL ISSUE.
BOARD MEMBER OF VAN OWEN, WE USED TO HAVE, UH, BOARD MEETINGS AND ALSO INTERPRETATION MEETINGS AT 5 0 5 UP ON THE EIGHTH FLOOR, IF I'M NOT MISTAKEN.
AND THEY HAD STREAMING CAPABILITY THERE.
NOW IT MAY HAVE CHANGED SINCE THEY DID THIS WHOLE BIG THING OUT AT WELL LITTLE MEAN DECO CENTER.
BUT, UH, THEY USED, WE USED TO HAVE OUR INTERPRETATION MEETINGS AND WE USED TO HAVE A COMPLETE BOARD MEETING UP THERE AT RIGHT HERE ACROSS THE STREET.
WE, WE DID THAT ONE THE FEBRUARY OF THE STORM, REMEMBER? CORRECT.
AND SO WHY IT WOULD WE BE ABLE, THAT MAY BE A QUESTION, WILL WE BE ABLE TO HAVE IT THERE AND THEN THAT WAY THEY CAN STREAM AS WELL? IT DOESN'T NECESSARILY HAVE TO TO BE, I FEEL IN CITY HALL, YEAH, WE LIKE THE WHOLE TERM OF CITY HALL.
[01:35:01]
BUT IF THE PUBLIC WANTS TO JOIN THAT ROOM OVER THERE, WHERE WE'VE HELD MEETINGS IS CAPABLE OF, OF UM, I THINK THEY REMODELED ENTERTAINING QUITE A FEW PEOPLE.I THINK THEY REMODEL, BUT IT REMODELED.
SO THAT'S WHERE IT BECOMES LOGISTICAL ISSUE.
IT'S BECAUSE IT'S I THINK, TRADITIONALLY MOST CONVENIENT FOR BOARD MEMBERS TO COME TO CITY HALL, TAKE THEIR TRAINING AND THEN GO STRAIGHT INTO THE MONDAY NIGHT MEETING.
OH, I SEE WHAT YOU'RE TRYING TO, AND THAT'S WHY I THINK IT'S A LEGAL ISSUE BECAUSE IT, IT WOULD APPARENTLY NOW IS A VIOLATION OF TOMA IF WE DID IT THAT WAY.
NOT IF IT NOT, IF IT'S POSTED.
I DON'T SEE HOW IT COULD BE A VIOL THAT'S VIOLATION ARGUMENT OF TOMA IF IT'S POSTED.
AND, AND THE PUBLIC DOES KNOW THAT THERE IS NO, IT'S UP TO THEM IF THEY WANT TO SHOW UP.
BUT IF IT'S POSTED APPROPRIATELY, I DON'T SEE HOW THAT COULD BE IMPACTED BY.
AND WE DEFINITELY DIDN'T VIDEO THE LAST TWO TIMES OR EVEN AUDIO.
THERE WAS NO RECORDING OF THOSE TRAININGS THE LAST TWO TIMES.
I, I DON'T KNOW THAT THEY WEREN'T RECORDED, LIKE JUST AUDIO RECORDED.
THEY WERE, I MEAN WE, WE WEREN'T VERY HIGH TECH A A LONG TIME AGO.
NO, THIS I WAS APPOINTED IN 20.
SO HOW DOES, HOW DOES CODES AND ORDINANCES MEET BACK THERE? I MEAN, IS THAT NOT WHAT HAPPENS? DO THEY NOT MEET IN THAT ROOM BACK THERE? UH, WHERE DOES CODES AND ORDINANCES MEET? DO YOU KNOW WHERE CODES ORDINANCE CODES ARE? I DON'T KNOW.
I'D HAVE TO LOOK AT THEIR VIDEO.
OH, EVEN ACROSS THE WAY OVER THERE.
I'M JUST SAYING WHEREVER THEY MEET SHOULD BE JUST THE SAME AS THIS.
I MEAN, I GUESS SO THE REASON FOR THE TRAINING, I'M GOING BACK TO THIS IS, IS THAT IT'S TEAM BUILDING AND SO PART OF PART OF HAVING THE TRAINING IS FOR US TO ALL BE TOGETHER.
SO WHAT'S CHANGED? WELL, WE DID DO, WE DID ACTUALLY HAVE SOME STUFF THAT WAS RECORDED AND ONLINE AND AVAILABLE FOR THE, THE AGENDA AND THE BACKUP THAT WAS PRESENTED TO US WATERSHED.
I THINK THAT I HAVE TWO DIFFERENT THINGS.
THERE'S YOUR ISSUE AND THEN THERE'S MY ISSUE, WHICH ARE SLIGHTLY SIMILAR, BUT I THINK THEY'RE REALLY TWO DIFFERENT THINGS.
BUT I DO RECALL THAT WHEN WE HAD THE ENVIRONMENTAL, WHEN WE STARTED TAKING OVER THE WATERFRONT RIGHT.
VARIANCES, WE HAD TRAINING FOR THAT AND WE DID POST IT AND WE DID ALLOW, THERE WAS A FEW PEOPLE, CITIZENS THAT CAME, NOT MANY, BUT A COUPLE OF THEM DID COME, PEOPLE THAT WERE CONCERNED ALONG THE LAKE LINE.
UH, AND IT WAS RECORDED BUT IT WASN'T VIDEOED.
I THINK THE VIDEO ISSUE IS SO THAT FOLKS THAT ARE OUT HERE ON, YOU KNOW, THAT THEY'RE NOT HERE CAN BE ABLE TO ATTEND VIRTUALLY.
BUT BACK THEN, UH, WE DIDN'T GO THROUGH A PROCESS WHERE THE ACTUAL TRAINING WAS VIDEOED.
AND WE POSTED, IT WAS ON OPEN DIRECT, MET TOOMA AND THE PEOPLE.
WE HAD A FEW PEOPLE THAT CAME AND THAT'S WHY I WAS WONDERING WHY THERE, IT'S NOT POSSIBLE.
I THINK SOME OF THE CONS, THE ISSUE THAT WE WE'RE DEALING WITH IS BEING ABLE TO HAVE THOSE WHO WANNA ATTEND VIRTUAL ATTEND VIRTUAL.
I DON'T REALLY KNOW IF IT'S AN ISSUE OF THE TOOMA BECAUSE TOMA IS BASICALLY, YOU JUST POST IT, YOU'RE HAVING AN OPEN RECORD, YOU ARE HAVING AN OPEN MEETING, WHETHER, UH, IT COULD BE AT BURGER KING FOR GOD'S SAKE, AS LONG AS THE PUBLIC KNOWS WHERE IT'S GONNA BE.
THE ARGUMENT THAT, THAT THE CLERK'S OFFICE WAS MAKING IS THAT IT WAS A TOOMA ISSUE BECAUSE YOU HAVE TO BADGE IN TO GET TO THAT ROOM BACK THERE TO, TO GET TO THE BULLPEN.
WELL, NOT NECESSARILY BECAUSE OVER HERE ON THIS SIDE, OVER HERE WHERE WE GO IN NOW GRANITE YEAH.
WE EVEN HAVE TO, TO GET BACK IN.
WE HAVE TO GO COMPLETELY AROUND.
BUT, UH, I'VE ATTENDED MEETINGS WITH THE MAYOR AND WITH UH, THE MEDIA AND WITH EVERYBODY ELSE WHERE THEY, WHERE THEY JUST HAVE SOMEBODY STAND BY THAT DOOR OVER THERE, HOLD IT OPEN AND THEY NO, THEY DON'T HOLD IT OPEN.
'CAUSE YOU CAN'T HOLD IT OPEN.
'CAUSE IT AFFECTS THE SECURITY SYSTEM.
BUT WHEN SOMEBODY COMES, THEY OPEN THE DOOR FOR THEM AND THEY ENSURE THAT THEY COME, THAT THEY COME TO DIRECTLY BACK TO THE BULLPEN.
BUT THAT, THAT WOULD BE THE ONLY OTHER WAY IS TO, YOU WOULD HAVE TO HAVE ONE, ONE OF OUR STAFF AND LIAISON.
I HATE TO SAY ONE OF 'EM AT THAT DOOR TOO.
I DON'T THERE DO YOUR BADGES WORK ON THOSE DOORS BACK THERE? NO, HE HAS BUT YOU DON'T NEED A BADGE TO GET IN BACK THERE.
YEAH, IT'S, IT'S, IT'S A BADGE TO, I JUST WALKED BY.
AND THE DOORS ARE WIDE OPEN WITH A GREEN LIGHT ON.
THAT MIGHT BUT, BUT DOESN'T, CODES AND ORDINANCES.
I MEAN, THE LAST TIME I CAME TO A CODES AND ORDINANCE, IT WAS BACK THERE IN THE BULLPEN.
AND SO IT'S MATTER, I MEAN, WHAT'S SO DIFFERENT FROM THAT THAN THIS?
[01:40:01]
AND THAT REALLY IS OPEN TO THE PUBLIC.UM, AND I MEAN, IT'S NOT LIKE THERE AREN'T SECURITY GUARDS RIGHT THERE.
I MEAN, IF YOU NEED TO GET IN A PLACE, YOU'RE I'M GOING TO THE PUBLIC MEETING.
SO YOU HAD A QUESTION, ANSWER YOUR QUESTION ABOUT WHERE CODES AND ORDINANCES WILL FOR MEETING.
IT LOOKS LIKE THEY HOLD IT AT AUSTIN.
UM, WATER UTILITY BUILDING AT THE WALLER CREEK BUILDING.
SORRY, I'M STRUGGLING TO HEAR YOU.
UH, AUSTIN CODES AND ORDINANCES HOLDS THEIR MEETING AT THE WALLER CREEK BUILDING.
THE AUSTIN WATER UTILITY BUILDING ON 11TH STREET.
YEAH, WE COULD DO IT THERE AND WE COULD DO IT THERE.
AT LEAST IT, IT'S RIGHT THERE ON THE CREEK.
IT'S REALLY PRETTY CLOSE TO RIGHT HERE.
YOU GET ALL THAT ITALIAN MARBLE AT THE ENTRYWAY? I, I'LL CHECK INTO IT, BUT I DON'T THINK THAT WAS AN OPTION.
I, I'M, I'LL LOOK INTO, I DON'T KNOW.
CAN YOU WE ALSO DO WORK WITH THE CLERK'S OFFICE TO SCHEDULE A CALL WITH ME AND MAYBE, UH, MARS AND LET'S SEE IF WE CAN MAYBE COME TO SOME SORT OF AGREEMENT TO HAVE THE TRAINING SOMEWHAT CLOSE TO CITY HALL, NOT IN CITY HALL.
JUST, YOU KNOW, SET UP A MEETING FOR ME OR DO YOU WANT ME TO EMAIL HER MYSELF? YOU SAID WITH YOU MYRNA, WHO ELSE? JUST YEAH, OR IF STEPHANIE WANTS TO BE THERE, THAT'S FINE.
UM, I WILL, I'M JUST GONNA TELL YOU FROM WHAT I WAS TOLD CITY, UH, THIS ROOM PLANNING COMMISSION, THOSE WERE THE ONLY OPTIONS BECAUSE OF THE, THEY WANNA SEIZE THE B AND C ROOM.
THOSE WERE THE ONLY OPTIONS BECAUSE OF THE BOARDS AND COMMISSIONS ROOM ACROSS THE HALL.
I MEAN, THAT'S COMPLETELY ACCEPTABLE TO DO IT IN BOARDS AND COMMISSIONS IF IT HAS AVAILABILITY.
IT JUST SEEMS IT IS THE AVAILABILITY, I THINK IT'S GONNA BE A PROBLEM.
THE AVAILABILITY, I MEAN REALLY THE ONLY OPTION WHICH WE'VE DONE BEFORE IN THE PAST WAS LIKE TO HAVE A MEETING, HAVE TRAINING THE SAME DAY THAT WE HAVE A MEETING.
BUT IT WOULD BE EARLIER IN THE DAY.
AND I KNOW A LOT OF YOU HAVE JOBS, BUT THAT'S LIKE REALLY THE ONLY AVAILABILITY WE CAN ALWAYS FIND THAT WE'RE ABLE TO FIND.
UM, IF Y'ALL WANT IT IN THE EVENING, THAT'S GONNA BE DIFFICULT, BUT I CAN NO, NO.
CAN YOU LOOK INTO, UH, SEPTEMBER BEFORE THE 11TH MAYBE TO SEE IF WE CAN GET THAT ROOM AT LIKE TWO AROUND TWO? YEAH.
PLANNING COMMISSION THE WHAT ROOM? YEAH, ONE COMMISSION ROOM.
I JUST, I THINK IT WOULD BE BETTER TO HAVE A PLACE WHERE THERE'S A CENTRALIZED SCREEN WE COULD ALL FOCUS ON.
SO I I I DO THINK THAT THERE ARE TWO THINGS HERE.
THERE'S ONE ABOUT IT BEING OPEN TO THE PUBLIC AND THEN THERE'S ANOTHER ABOUT HAVING VIRTUAL ATTENDANCE.
AND SO IF THEY WERE, IF THERE WERE TWO SEPARATE THINGS, 'CAUSE HONESTLY THE TRAINING IS, IS FOR TEAM BUILDING AND WE WOULD, YOU KNOW, THERE'S LOTS OF WAYS TO DO THAT.
I CERTAINLY HAVE GONE THROUGH QUITE A FEW TRAININGS OVER THE YEARS AND SO I KNOW THAT FOR ME IT'S ABOUT EVERYBODY COMING AND BEING TOGETHER AND, AND YOU KNOW, KIND OF FIGURING OUT HOW WE TOGETHER AS, AS ROW THE BOAT TOGETHER.
SO I AM HELPING, NO, I I CONCUR THE DIOCESE THAT THERE'S IT, CARRIE, SOME, THERE'S NO VIRTUAL THERE, THERE'S A GRAVITAS ASSOCIATED WITH THE DICE THAT MAKES IT MORE FORMAL AND YOU CAN'T ASK THOSE QUESTIONS THAT LIKE, INFORMAL QUESTIONS.
LIKE NOT ABOUT SPECIFIC CASES, BUT LIKE, OH, WHY DID YOU VOTE THIS WAY ON SUCH AND SUCH A CASE BECAUSE I DIDN'T UNDERSTAND SUCH AND SUCH A THING.
OR WHY WAS THIS GABLE TELLING ABOUT, YOU KNOW, WHATEVER.
I, I MEAN, AND YOU JUST DON'T KNOW HOW FRUSTRATING JIM BENNETT COULD HAVE.
COULD BE, YOU KNOW, YOU, YOU'D REALLY MISS THAT COLOR.
I LEARNED A LOT IN THAT TRAINING JUST SIMPLY BY ASKING ALL QUESTIONS.
AND THAT'S WHAT I'M HOPING RIGHT.
AGAIN, SORRY IF EVERYBODY DOES, I MEAN, I DON'T WANNA GO IF NOBODY ELSE WANTS TO GO.
I MEAN, I CAN STAY AT HOME AND PORT MEMBER IN, I'M SORRY GUYS, I'M FOCUSING THIS WAY, WAY.
BUT YOU CAN ALWAYS JUST CALL CHAIR AND I'LL, IT'S HARD TO DO.
OH, I, I'M, I'M CONTENT TO WAIT.
I MIGHT BE IN TRIAL THOUGH, SO I JUST CAN WE HAVE SOME ALTERNATIVE DATES? OH YEAH.
BUT UH, IF I AM IN TRIAL THAT WEEK, THEN I WOULDN'T BE ABLE TO ATTEND ON THE DAY.
SO MAYBE IF WE COULD JUST HAVE A COUPLE OF OPTIONS.
MAYBE WE CAN LOOK AT OCTOBER TOO THEN.
UH, TOMMY OR BRIAN OR KELLY, DO Y'ALL HAVE ANY QUESTIONS ABOUT THIS? SEE?
[01:45:02]
OKAY, WE'LL GO AT IT FROM THERE.AND THEN LET'S, LET'S SEE WHAT WE CAN DIG UP.
I'M GONNA GO AHEAD AND MOVE US ON TO,
[11 Discussion regarding the Self Service Password & 90 Day Expiration]
OH, I SHOULD HAVE KILLED THAT OFF.DOES ANYBODY HAVE ANY QUESTIONS ABOUT, UH, THE SELF-SERVICE PASSWORD AND THE 90 DAY EXPIRATION? NOT TODAY.
EVERYBODY GOOD ON THIS? EVERYBODY SQUARE? ALL RIGHT.
SO WE CAN TAKE THAT OFF THE AGENDA FOR NEXT TIME.
IS AN EYEBROW WITH THE EYEBROW AND GO.
BOARD MEMBER, KIM, DO WE HAVE, DO WE GET NOTIFICATION IN ADVANCE OF WHEN IT'S EXPIRING OR DO WE JUST LIKE, NO.
SO I UNDERSTAND FROM A SECURITY PERSPECTIVE WHY THEY'RE DOING THIS.
IT'S, IT'S A SAFETY ISSUE AND THEY'RE PROBABLY APPLYING IT GLOBALLY TO ALL CITY EMPLOYEES, UH, OR POLICY THAT'S CURRENTLY EMPLOYED TO CITY EMPLOYEES, TO THE BOARDS AND COMMISSIONS.
SO THE WAY YOU WOULD NORMALLY BE NOTIFIED IS THAT UH, MICROSOFT WINDOWS TALKS TO A BIG SERVER AND WHEN YOU LOG IN IT SAYS, OH, THIS PERSON'S PASSWORD IS GOING TO INSPIRE SUCH AND SUCH A DAY.
WE DON'T HAVE CITY LAPTOPS OR COMPUTERS.
SO I WOULD ADVISE EVERY TIME YOU COME IN, EVERY THREE MONTHS OR MAYBE EVEN EVERY TWO, WHEN YOU'RE HERE, LOG IN USING YOUR, UH, AUSTIN TEXAS.GOV LOGIN AND CHANGE YOUR PASSWORD.
'CAUSE OTHERWISE YOU HAVE TO CALL C T M, WHICH IS THE HELP DESK AND THEY CAN RESET IT FOR YOU.
BUT IT'S NOT USUALLY A QUICK PROCESS.
YOU'D LOVE TO ARGUE I HAVE NO, AND YOU CAN ALWAYS EMAIL, UH, ELAINE OR ME DIRECTLY, JUST NOT THE WHOLE BOARD AT ONCE AND BE HAPPY TO HELP.
'CAUSE WE CAN ALSO OPEN A TICKET FOR YOU THROUGH THE HELP DESK, LIKE BY US LOGGING IN.
SO I WOULD RUN INTO IT OVER THERE.
I'M SKIPPING ITEM 12 BECAUSE I NEED TO DISCUSS THIS WITH THE, THE AGENDA WORDING WAS CHANGED BECAUSE I DON'T THINK THIS GIVES US THE LEEWAY.
WHY DON'T WE TABLE IT UNTIL NEXT MEETING.
OH, AND PERHAPS THEN IT WILL APPEAR.
I DON'T KNOW THAT B O A CAN TABLE FOR A WHOLE MEETING.
CAN WE TABLE FOR A WHOLE MEETING? YOU CAN TABLE INDEFINITELY IF YOU'D LIKE.
YOU KNOW WHAT, LET'S TABLE TILL NEXT MEETING IF Y'ALL ARE OKAY WITH IT.
IS THERE ANY OBJECTION TO TABLING TILL NEXT MEETING? NONE.
TABLE TILL NEXT MEETING TABLE.
[13. Discussion and possible action regarding the Board’s Annual Internal Review Report (July 1, 2022-June 30, 2023) to Council]
13, DISCUSSION AND POSSIBLE ACTION REGARDING THE BOARD'S ANNUAL INTERNAL REVIEW REPORT.JULY 1ST, 2022 TO JULY JUNE 30TH, 2023.
UH, ANY FEEDBACK FROM THE CLERK ON THAT? ANYBODY HAVE QUESTIONS ON IT? I THINK WE DID A LOT BETTER AS A BOARD SAYING YES.
MORE YESES THAN NOS, WHICH MAKES ME HAPPY AND LESS POSTPONEMENTS THAN 2021.
ALSO MADE ME HAPPY 'CAUSE YOU CAN STICK LIPSTICK ON A BIG, BUT IF YOU'RE GONNA VOTE NO, JUST VOTE NO IS BEAUTIFUL.
THANK YOU FOR THIS FABULOUS REPORT AND SO WELL FORMATTED AND VERY INFORMATIVE.
I LITERALLY TOOK ALL THE INFORMATION FROM THE AWESOME REPORT.
UM, JUST WANTED YOU TO KNOW HOW MUCH I APPRECIATE THIS EFFORT.
[14. Discussion of future agenda items, staff requests and potential special called meeting and/or workshop requests]
OF FUTURE AGENDA ITEMS, STAFF REQUEST, AND POTENTIAL, POTENTIAL SPECIAL CALL MEETINGS AND OR WORKSHOP REQUESTS.SORRY, DID WE CATCH IT ALL? GONNA SAY IT.
IF YOU DON'T COME UP WITH SOMETHING, I'D LIKE TO ADD A NEW AGENDA ITEM.
IF SOMEONE WOULD BE WILLING TO SPONSOR WITH ME TO ADDRESS, HOW DO I PHRASE? DO YOU REALLY WANNA DO THIS ON THE CAMERA? IF YOU DO, I'M GLAD TO PARTICIPATE, BUT IT ONLY TAKES TWO PEOPLE TO PUT AN ITEM ON THE AGENDA.
AND NO, YOU KNOW WHAT, I'M GONNA WAIT JUST ONE MORE MONTH, BUT THIS LAST MONTH I'M JUST SAYING THAT SOMETIMES,
[01:50:02]
UM, LAST MONTH THAN LESS IS MORE.