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[00:00:06]

EVENING EVERYONE.

THE

[CALL TO ORDER]

TIME IS 5:41 PM ON SEPTEMBER 11TH, 2023.

I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER.

WE HAVE A QUORUM.

AND LET'S CALL THE ROLL.

TOMMY YATES IS, UH, NOT LOGGED IN YET.

IS HE STILL OKAY? JUST KEEP ME UPDATED.

JESSICA COHEN.

I AM HERE.

MARCEL GARZA.

HERE.

MELISSA HAWTHORNE.

HERE.

YOUNG.

JU KIM? HERE.

HERE.

HERE.

.

BRIAN POTI.

HERE.

MAGGIE IS OUT.

JEFFREY BOWEN HERE.

WELCOME TO THE BOARD, SIR.

THANK YOU.

JANELLE VANZANT.

HERE.

MICHAEL VAN OLAN HERE.

AND KELLY IS OUR ALTERNATE.

YEAH.

KELLY BLOOM HERE.

OKAY.

30 SECONDS Y'ALL.

ALL RIGHT.

A FEW QUICK HOUSEKEEPING NOTES.

UH, PLEASE TURN OFF YOUR CELL PHONES ARE PUT THEM ON VIBRATE.

AFTER YOUR CASE IS OVER, PLEASE TAKE THE DISCUSSION OUTSIDE.

IF YOU HAVE A QUESTION.

UH, WAIT TILL TOMORROW AND YOU CAN EITHER CALL THE BOARD LIAISON ELAINE OR SEND HER AN EMAIL.

SHE'S REALLY GOOD ABOUT RESPONDING QUICKLY.

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

IF THERE'S ANY OPPOSITION, DON'T TALK TO EACH OTHER JUST TO US.

AND I DON'T THINK WE'RE GONNA NEED IT TONIGHT, BUT IF WE SOMEHOW GO PAST EIGHT, WE MAY TAKE A BREAK.

PROBABLY NOT.

UH, PARKING VALIDATION.

SO SOME OF YOU MAY HAVE NOTICED WE HAVE NEW PARKING VALIDATION SYSTEM OVER THERE, BUT THE DOOR WHERE YOU WALKED IN ARE SOME SMALL WHITE PIECES OF PAPER WITH A QR CODE ON THEM.

TAKE ONE OF THOSE WITH YOU WHEN YOU LEAVE, SCAN THE TICKET YOU GOT AND THEN SCAN THAT AND YOU WON'T HAVE TO PAY.

THAT'S YOUR VALIDATION.

OKAY? ALL RIGHT, TOMMY ON.

PERFECT.

OKAY, I'M GONNA GO BACK TO THE ROLE AND ACKNOWLEDGE THAT TOMMY'S HERE.

BUT TOMMY, I NEED YOU TO STAY HERE FOR THE RECORD, PLEASE.

HERE.

THANK YOU.

YOU DID IT TOMMY.

ONE, TWO.

YOU DID IT.

4, 5, 6, 7.

GOOD JOB.

9, 10, 4, 5.

AND THAT PUTS US AT 10.

SO WE'RE FULL.

OKAY.

THAT MAKES ME HAPPY.

OKAY.

IF YOU'RE GOING TO BE GIVING TESTIMONY TONIGHT, COULD I GET YOU TO PLEASE STAND AND I'M GONNA SWEAR YOU IN.

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

BE SEATED.

OKAY.

MOVING ON TO THE AGENDA, WHICH I DID NOT PRINT BY CHAIR.

WELL, WE'RE GONNA START OFF WITH THE

[APPROVAL OF MINUTES]

APPROVAL OF THE MEETING MINUTES FROM AUGUST 14TH, 2023.

MOTION TO APPROVE.

I HAVE A MOTION TO APPROVE MADE BY VICE CHAIR HAWTHORNE.

I SECOND AND A SECOND BY BOARD MEMBER VAN NOLAN.

NOPE.

MARCEL.

MARCEL.

MARCEL.

AH, MARCEL.

FAST ON THE I STEPPED.

GOOD JOB.

GOOD JOB.

MUST HAVE MADE THE MOTION.

MARCEL MAKES THE SECOND.

ANY COMMENT OR DISCUSSION? OKAY, LET'S VOTE.

TOMMY YATES.

YES.

JESSICA COHEN.

YES.

MARCEL GARZA? YES.

YES.

EISSA HAWTHORNE.

YES.

YOUNG J KIM? YES.

BRIAN POTI.

YES.

MAGGIE IS OUT.

JEFFREY BOWEN.

I'M GOING TO ABSTAIN.

OKAY.

SINCE I WASN'T HERE.

JANELLE VANETTE.

YES.

MICHAEL VLAN? YES.

AND KELLY BLIM? YES.

OKAY.

MINUTES ARE APPROVED.

[00:05:08]

KEEP MOVING ON TO ITEM.

OH, SORRY.

THAT WAS ITEM ONE.

DID I SAY THAT WAS TWO ITEM ONE? THAT WAS

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

ITEM ONE, ITEM TWO, PUBLIC HEARINGS, DISCUSSION OF STAFF AND APPLICANT REQUEST FOR POSTPONEMENT AND WITHDRAWAL PUBLIC HEARING CASES POSTED ON THE AGENDA.

SO, UH, WE HAVE ONE POSTPONEMENT.

IT WILL BE ITEM EIGHT C 15, 20 23 0 0.

3 4 4 5 1, 1 1.

LANSING DRIVE REQUESTING A POSTPONEMENT BY THE APPLICANT TO DECEMBER 11TH.

DO YOU NEED A MOTION FOR THAT? I DO NEED A MOTION FOR THAT.

I WAIT BECAUSE THEY'RE GONNA HAVE TO RE-NOTICE FOR THAT ONE.

OKAY.

I WILL MAKE THAT MOTION TO POSTPONE TO DECEMBER 11TH.

I'LL SECOND MARCEL'S.

GETTING ALL EXCITED OVER THERE.

OKAY.

SO THAT IS A MOTION TO POSTPONE TO DECEMBER 11TH, MADE BY VICE CHAIR HAWTHORNE, SECONDED BY A BOARD MEMBER.

GARZA.

ANY COMMENT OR DISCUSSION? OKAY.

HEARING NONE, LET'S GO AHEAD AND VOTE ON IT.

TOMMY AINS.

YES.

JESSICA COHEN.

YES.

RELUCTANTLY.

MARCEL GARZA? YES.

MELISSA HAWTHORNE.

YES.

YOUNG J KIM? YES.

BRIAN POTENT.

YES.

JEFFREY BOWEN? YES.

JANELLE VAN Z? YES.

MICHAEL VLAN? YES.

AND KELLY BLOOM? YES.

OKAY.

THAT IS POSTPONED UNTIL DECEMBER 11TH.

MOVING ON TO

[3. C15-2023-0036 Kathy and Ross Wilson 806 W. James Street]

ITEM THREE.

THIS WILL BE A NEW VARIANCE CASE FOR C 15 20 23 0 0 3 6.

KATHY AND ROSS WILSON.

4 8 0 6 WEST JAMES STREET.

PLEASE STEP UP TO THE PODIUM.

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

DO YOU HAVE A PRESENTATION? YES.

HANG ON ONE SECOND.

LET'S GET YOUR PRESENTATION PULLED UP BEFORE WE GET YOU STARTED.

OKAY.

THAT'S IT.

ALL RIGHT.

MY NAME IS ROSS WILSON.

I AM THE PROPERTY, OR MY WIFE AND I ARE THE PROPERTY OWNER OF 8 0 6 WEST JAMES STREET AND THE APPLICANT.

TONIGHT WE ARE SEEKING A VARIANCE TO LAND DEVELOPMENT CODE, UH, 25 2 4 92, UH, WHICH IS SITE DEVELOPMENT REGULATIONS FOR SSF THREE LOT MINIMUM INTERIOR, OR, SORRY, MINIMUM INTERIOR LOT WIDTH, UH, WHICH IS 50 FEET.

OUR LOT IS 46 FEET.

SO THAT IS OUR REQUEST IS FOR A VARIANCE TO 46 FEET.

UM, THE LOT CURRENTLY HAS A SINGLE FAMILY HOME ON IT.

UM, AND WE, UH, WILL BE, UM, REMOVING OR DEMOING THE EXISTING RESIDENCE IN BUILDING NEW, UM, UNDER THE SSF THREE REGULATIONS.

I'VE PROVIDED, EXCUSE ME, A SURVEY HERE ON THE FIRST SLIDE OF THE PRESENTATION.

UM, ON THE SECOND, UH, SLIDE OF THE PRESENTATION IS A SITE PLAN SHOWING THE EXISTING HOME.

IF YOU COULD JUST FLIP OVER TO THE NEXT SLIDE IS THE EXISTING HOME IS SHOWN IN RED.

UM, AND THE DARKER GRAY IS WHERE THE PROPOSED NEW, UM, SITE PLAN.

UH, THIS ALLEY, THIS, UH, LOT IS ALLEY LOADED.

SO THERE'S A DETACHED GARAGE OFF THE ALLEY, UM, AND A SINGLE FAMILY RESIDENCE ON THE FRONT PART OF THE LOT, UM, SLIGHTLY WIDER THAN THE EXISTING HOME.

BUT DUE TO THE TREES ON SITE, UH, BASICALLY THE SAME FOOTPRINT OF THE EXISTING HOME AND THERE ARE SOME STATS THERE FOR THE EXISTING HOME VERSUS WHAT IS PROPOSED.

UM, WE, UH, WILL BE, UH, ABIDING BY THE OTHER REQUIREMENTS IN THE LAND OF DEVELOPMENT CODE FROM BUILDING COVERAGE AND PRODUCE COVER F A R.

UM, JUST WANTED TO SHOW THAT ON THE NEXT SHEET.

EXCUSE ME ON THE NEXT SLIDE.

OH, UM, IF YOU COULD GO ONE MORE SLIDE HERE.

OH, WELL STEP BACK ONE.

SO THIS DIDN'T PRINT RIGHT.

WE'VE GOT A P D F ISSUE.

I BELIEVE IN YOUR LATE BACKUP, YOU HAVE A, A SLIDE THAT ACTUALLY HAS THE MAP UNDERNEATH IT ALL.

THIS IS INTENDED TO SHOW, THIS IS THE BLOCK OF WEST JAMES STREET IN BETWEEN BOLD AVENUE AND SOUTH THIRD STREET.

THESE ARE THE LOTS, UM, IN RED,

[00:10:01]

UM, THAT ARE MIN LESS THAN 50 FEET WIDE, THAT HAVE HOMES THAT HAVE BEEN BUILT IN THE LAST EIGHT YEARS.

UH, JUST TO SHOW THERE'S PRECEDENT OF THIS IN THE NEIGHBORHOOD.

UM, OUR, OUR LOT IS THERE IN THE MIDDLE, IN BLUE.

UM, AND THEN THE LAST ITEM IN THE PRESENTATION IS A LETTER OF SUPPORT FROM THE B C N A, UM, ZONING COMMITTEE, OR SORRY, THE P C N A, UM, STEERING COMMITTEE, UH, FOR THE VARIANCE REQUEST.

THAT'S ALL I HAVE.

ALL RIGHTY.

THANK YOU VERY MUCH.

IS THERE ANY OPPOSITION? SEEING NONE.

I'M GOING TO CLOSE THE PUBLIC HEARING AND WE'LL OPEN IT UP TO DISCUSSION.

OH, I SEE LOTS OF HANDS RIGHT OFF THE BAT.

UH, BOARD MEMBER VAN NOLAN, YOU WERE FIRST VICE CHAIR.

NEXT.

WE'RE TALKING BARELY FOUR FEET HERE.

AND CLEARLY SINCE THERE'S AN EXISTING HOME THAT'S ON THE LOT RIGHT NOW THAT'S BEEN RECEIVING, UH, UTILITIES AND EVERYTHING ELSE IN THE PAST, IT'S BEEN INTENDED TO BE DEVELOPED AS A SINGLE FAMILY HOME.

AND SO I'M GONNA MAKE A MOTION TO APPROVE.

SECOND, I DID HAVE ONE QUESTION.

WHAT YEAR WAS THE SUBDIVISION? I SAW IT WAS VOLUME.

VOLUME, LIKE ONE .

YEAH.

I CAN'T ANSWER THAT QUESTION AND CAN SEE THAT.

IT'S, IT'S ON THE SURVEY.

I THOUGHT SOMEWHERE VOLUME ONE, PAGE ONE 12.

.

THAT'S AN OLD, THAT IS AN OLD SUBDIVISION THAT THAT COULD, COULD HELP YOU A LOT 'CAUSE THEN YOU WOULD PREDATE AND YOU MIGHT NOT HAVE HAD TO COME HERE.

GOTCHA.

THAT WAS JUST MY BONUS ON TOP.

THANK YOU.

ANY OTHER QUESTIONS OR DISCUSSION? VIRTUAL MEMBERS? NO.

OKAY.

REASONABLE USE.

THANK YOU.

THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THEY CAN'T BUILD A SINGLE FAMILY RESIDENCE ON SITE, WHICH IS ALLOWED IN THE APPLICABLE ZONING.

DISTRICT USE IS CONSISTENT WITH THE ADJACENT PROPERTIES IN THE AREA.

HOWEVER, HARDSHIP, THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT THE LOT AS PLATTED IS 46 FEET WIDE.

IT DOES NOT ALLOW FOR REASONABLE USE OF THE PROPERTY.

UNDER CURRENT REGULATIONS, THE PROPERTY CANNOT BE DEVELOPED UNDER SF THREE ZONING REQUIREMENTS FOR SINGLE FAMILY RESIDENCE.

THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE IT'S NOT GENERAL TO THE AREA BECAUSE THERE ARE LOTS OF, LOTS WITH VARYING WIDTH, SOME OF WHICH MEET SF THREE ZONING STANDARDS IN THIS AREA.

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 USE IS CONSISTENT WITH ADJACENT PROPERTIES AND ALLOWED WITH ANY APPLICA ZONING DISTRICT.

THAT'S IT, MADAM CHAIR.

OKAY.

AGAIN, THIS IS A MOTION TO APPROVE MADE BY, UH, BOARD MEMBER JUAN OLAND, SECONDED BY VICE CHAIR HAWTHORNE AND I'D, LET'S CALL THE VOTE.

TOMMY YATES.

YES.

JESSICA COHEN.

YES.

MARCEL GARZA.

YES.

MELISSA HAWTHORNE.

YES.

YOUNG CHEM? YES.

BRIAN POTT.

YES.

JEFFREY BOWEN.

YES.

JANELLE VENZA.

YES.

MICHAEL VAN NOLAN? YES.

AND I DO WANT TO COMMEND YOU FOR GOING TO BODE CREEK NEIGHBORHOOD ASSOCIATION, GETTING THEM INVOLVED BECAUSE THEY ARE VERY, VERY ACTIVE.

SO HE'S STILL MY THUNDER.

I WAS GONNA THROW THAT IN AT THE END.

, YOU DID IT RIGHT.

THANK YOU.

YES.

AND KELLY BLOOM? YES.

OKAY.

COULD YOU, CONGRATULATIONS.

UH, YOUR VARIANCE HAS BEEN GRANTED.

YOU'VE BEEN CALLING IN TOMMY.

LEAVE TOMMY OUT.

DID YOU GET TOMMY? DID I GET YEAH, I GOT TOMMY.

HE SAID YES.

OKAY.

THIS, YOU MUST HAVE BEEN VERY QUIET THERE.

HE'S THE VERY FIRST ONE.

OKAY.

MOVING ON TO

[4. C15-2023-0037 Jim Wittliff for Pinaki Ghosh 3013 Royster Avenue]

ITEM FOUR.

THIS IS GOING TO BE C 15 20 23 0 0 3 7.

JIM WHITT FOR PANGO.

HOPE I PRONOUNCE THAT RIGHT.

3 0 1 3 ROYSTER AVENUE COMMISSIONERS.

MY NAME IS JIM TIFF AND I'M ONE SECOND MR. TIFF, LET'S GET YOUR PRESENTATION PULLED UP.

OH NO, I DON'T HAVE A PRESENTATION.

GOOD.

NEVERMIND.

SO I, UM, I TRIED DOING SOME

[00:15:01]

TIME TRAVEL AND I HAD A LOT OF TROUBLE WITH TIME TRAVEL AND IT'S BECAUSE I COULDN'T DO THE TIME TRAVEL.

I'M HERE.

IT'S MY ONLY ALTERNATIVE.

SO MR. GO'S PROPERTY IS A PLATTED LOT THAT CONTAINS 5,172 SQUARE FEET.

AND IT WAS PLATTED 76 YEARS AGO IN 1946.

IT'S ALWAYS BEEN THAT SIZE.

FIRST THING I LOOKED AT WAS, WAS THERE A RIGHT OF WAY TAKE? 'CAUSE THEN I COULD HAVE SAID, HEY, IT'S STILL LEGAL, BUT NOPE, THAT WASN'T THE CASE.

IT ALWAYS WAS THIS SIZE.

SO, UM, HERE'S WHY THE TIME TRAVEL THING WAS A PROBLEM.

BECAUSE THE CITY OF AUSTIN AND L D C 25 2 9 43 B ONE ALLOWS SUBSTANDARD LOTS TO BE AS SMALL AS 4,000 SQUARE FEET.

HOWEVER, THEY HAD TO BE PLANTED PRIOR TO MARCH 14TH, 1946.

AND THIS ONE WAS RECORDED ON APRIL 5TH, 1946, THREE WEEKS LATER.

SO IF I COULD HAVE ZOOMED BACK IN TIME, I WOULD'VE SAID, HURRY UP, DO IT FASTER.

DO IT FASTER.

BECAUSE THEN WE COULD HAVE BEEN OKAY.

BUT THE CITY OF AUSTIN DID NOT START REGULATING PLATTS IN THEIR E T J UNTIL 1951.

SO THEY HAD NO IDEA WHAT FUTURE AUSTIN WAS GONNA REQUIRE.

THIS WAS A PLATTED LOT.

IT'S ALWAYS BEEN A PLATTED LOT.

HE WANTS TO PUT A MANUFACTURED HOME ON THERE AND HAVE A, A HOME FOR SOMEBODY TO RENT AT AN AFFORDABLE PRICE.

AND UH, I WENT FOR A 2 45 THINKING, HEY, THAT'S THE WAY TO DO THIS.

AND THEY SAID, NOPE, GO TO YOUR FAVORITE PLACE, THE BOARD OF ADJUSTMENT.

SO I'M HERE AND I DON'T KNOW WHAT ELSE TO TELL YOU GUYS, EXCEPT, HEY, IT'S ALWAYS BEEN THAT SIZE AND PEOPLE HAVE ALWAYS PAID THEIR TAXES ON THIS THING.

SO PLEASE ALLOW HIM TO PUT A MANUFACTURER HOME ON THERE.

THANK YOU.

THANK YOU.

IS THERE ANY OPPOSITION? HEARING NONE.

I WILL CLOSE THE PUBLIC HEARING MADAM CHAIR.

OKAY.

'CAUSE YOU KNOW WHERE I'M AT ALREADY.

SO WOULD YOU PLEASE PASS ON TO MR. GOSHA? I'M SORRY YOU HAD TO WASTE HIS MONEY.

YEAH, IT, IT, IT, IT'S A SLAM DUNK HERE.

CLEARLY THE TWO, THREE WEEKS DIFFERENCE.

AND BY THE WAY, JIM, IT'S THE ONLY WAY WE GET TO SEE YOU NOWADAYS.

SO IF WE HAVEN'T SEEN YOU IN PROBABLY SIX MONTHS TO A YEAR, I WOULD SAY, BUT, UH, BUT IF YOU COULD TIME TRAVEL THAT'S RIGHT.

WE COULD SEE HIM MORE.

OKAY.

ANYHOW, I'M GONNA MAKE A MOTION TO APPROVE.

I REALLY, IT'S A SMALL ASK.

SECOND, IT'S BEEN PLATTED THIS WAY.

IT'S, UH, REALLY IF IT WOULD'VE BEEN THREE WEEKS, HE'S ABSOLUTELY CORRECT.

IT WOULD'VE BEEN ALREADY CONSIDERED ALLOWABLE.

SO TO ME IT'S A PRETTY MUCH NON NON-STARTER.

I MAKE A MOTION TO APPROVE.

SECOND.

OKAY.

WHICH WAS SECONDED BY VICE CHAIR HAWTHORNE.

ANY QUESTIONS OR COMMENT OR, OKAY, THAT'S GOOD.

I FIGURE BETWEEN THE DIRECTION PLANNING COMMISSION AND COUNCIL IS TAKING ON SMALLER LOT SIZES AND THE FACT THAT THIS IS JUST A FEW WEEKS, LIKE AGAIN, SERIOUSLY, I WISH THERE WAS A WAY WE COULD REFUND MONEY FOR THIS.

'CAUSE THIS IS A, THIS IS NOT A WASTE OF TIME.

'CAUSE I BELIEVE IN DUE PROCESS, BUT IT'S SOMETHING THAT SHOULDN'T HAVE HAD TO HAPPEN.

ALL RIGHT, LET'S GO.

OH, JESSICA, I HAD A QUESTION.

YES, YES, YES.

KELLY BLOOM.

SORRY.

BOARD MEMBER BLOOM.

I DON'T KNOW WHAT THE F A R ON THIS IS, BUT DON'T WE USUALLY LOOK AT A 0.4 F A R CAP ON THESE TYPES OF VARIANCES? IF THAT IS A FRIENDLY AMENDMENT, IT IS ACCEPTED.

ALRIGHT, THEN IT IS AS WELL ACCEPTED.

OKAY.

MAY I, MAY I SAY WE WILL COMPLY WITH THE 0.4 F A R BASED ON THE SQUARE FOOTAGE? YEAH.

THANK YOU.

KELLY'S KEEPING US ON TRACK.

OKAY, SO THIS IS A MOTION TO APPROVE, UH, WITH THE CONDITION OF A 0.4 F A R MADE BY BOARD MEMBER JUAN OLAND, SECONDED BY VICE CHAIR HOR.

LET'S CALL THE VOTE REASONABLE USE.

OH, LET'S CALL THE FINDINGS.

THAT'S WHAT WE'RE GONNA CALL.

THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DID NOT ALLOW FOR REASONABLE USE BECAUSE THIS LOT WAS PLOTTED IN 19, PLOTTED IN 1946 CONTAINS 5,172 SQUARE FEET.

AND VARIOUS PROPERTY OWNERS HAVE PAID PROPERTY TAXES ON THIS LOT FOR THE PAST 76 YEARS.

THIS IS ONE OF 29 LOTS PLOTTED AS SUCH IN THE AL GROSSER EDITION SUBDIVISION HARDSHIP.

THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS, IS UNIQUE TO THE PROPERTY IN THAT FOR SUBSTANDARD LOTS THAT WERE RECORDED PRIOR TO MARCH 14TH, 1936, THE L D C ALLOWS SUBSTANDARD LOTS TO BE AS SMALL AS 4,000 SQUARE FEET.

HOWEVER, THIS PLOT WAS RECORDED ON APRIL 5TH, 1946,

[00:20:02]

THREE WEEKS LATER, AND THEREFORE WAS MUST CONTAIN 5,750 SQUARE FEET.

HOWEVER, THE CITY OF AUSTIN ALSO DID NOT BEGIN REGULATING SUBDIVISIONS IN THE E T J UNTIL 1951.

SO THERE WAS NO WAY OF KNOWING THAT THIS LOT WOULD BE BUILDABLE IN FUTURE AUSTIN AT THE TIME IT WAS PLATTED.

THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE THIS IS ONLY ONE OF 29 PLATTED LOTS IN, IN THE AREA OF OYSTER ADDITION AREA OF CHARACTER.

THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATION OF THE ZONING DISTRICT IN WHICH PROPERTY IS LOCATED BECAUSE THEY ARE WILLING TO COMPLY WITH ALL THE REQUIREMENTS, INCLUDING SETBACKS, IMPERVIOUS COVER, FLORIDA AREA RATIO.

AND, AND THIS LOT HAS REMAINED IN ITS CURRENT SIZE SINCE 1946.

THANK YOU, JIM.

OKAY, SO AGAIN, MOTION TO APPROVE ADDITION OF 0.4 FA R MADE BY BOARD MEMBER BY NOLAN.

SECONDED BY MELISSA HOR.

AND THE VOTE.

TOMMY AES.

YES.

JESSICA COHEN.

YES.

MARCEL GARZA.

YES.

MELISSA HAWTHORNE.

YES.

YOUNG CHEM? YES.

BRIAN POTE.

YES.

JEFFREY BOWEN.

YES.

JANELLE? YES.

AND MICHAEL OL? YES.

AND KELLY BLOOM? YES.

OKAY.

CONGRATULATIONS.

VARIANCE GRANTED.

THANK YOU.

AND SINCE I DON'T GET TO SEE YOU GUYS VERY OFTEN, UM, CAN I JUST SAY THAT, I DON'T KNOW IF YOU'RE AWARE OF THIS, BUT BEFORE CROWBAR WERE INVENTED, CROWS HAD TO DRINK AT HOME.

THANKS FOR THAT LITTLE TIP.

I'M STEALING THAT.

I'M PUTTING IT ON TIKTOK IN CASE YOU NEEDED YOUR TIME MACHINE AND A CROWBAR.

IT COULD HAVE BEEN SEEN AT BOARD OF ADJUSTMENT ON THIS DAY.

2023.

THANKS JIM FOR THAT.

ALRIGHT, MOVING ON.

ITEM

[5. C15-2023-0038 Dennis Gross for Kara Salmanson 4207 Cat Mountain Drive]

FIVE SHALL BE C 15 20 23 0 0 3 8.

DENNIS GROSS FOR KARA SSON SALMONSON 4 2 0 7 CAT MOUNTAIN DRIVE.

SO CAN WE JUST HOLD ON JUST A SECOND? SO CAN, CAN YOU TAKE A MINUTE? 'CAUSE THIS IS PROBABLY THE FIRST SPECIAL EXCEPTION CASE THAT, UM OKAY.

OUR NEW BOARD, THAT OUR NEW BOARD MEMBERS HAVE HEARD.

AND SO SPECIAL EXCEPTION IS NOT THE SAME AS A VARIANCE.

IT DOESN'T HAVE THE SAME HARDSHIP PROVISIONS.

IT'S THAT IT'S EXISTED.

ELAINE, YOU WANNA HELP ME OUT? YES.

IT'S EXISTED FOR 25 PLUS YEARS AND THE SAME, UH, SAME STRUCTURE, SAME CONFIGURATION, NO ADDITIONAL REMODEL TO IT.

UM, AND IT HASN'T BEEN ALTERED IN ANY WAY, SHAPE OR FORM.

SO JUST DIFFERENT.

AND SO I JUST WANTED TO TAKE A MINUTE AND JUST TELL YOU THAT IT DOESN'T HAVE THE SAME HARDSHIP PROVISIONS AND THAT IT, IT SHOULD HAVE A LIFE SAFETY REPORT, UH, FROM INSPECTIONS THAT SAYS THAT NOTHING BAD'S GONNA HAPPEN HERE.

AND THAT IS A SPECIAL EXCEPTION.

SO IT'S SUPPOSED TO HAVE A LIFE SAFETY INSPECTION REPORT FROM THE INSPECTOR.

HOWEVER, THE INSPECTOR APPROVED IT AND FINALED IT.

SO THERE IS NO INSPECTION REPORT.

THERE IS A C O FOR IT, BUT THERE IS, I DID NOTICE A MICROPHONE.

AUSTIN.

AND RAISE YOUR HAND.

GO AHEAD, .

I DID NOTICE THAT AUSTIN ENERGY DID DO A SAFETY SERVICE REPORT OUT THERE AND IT APPARENTLY INSPECTED THAT DECK, WHICH IS UNDER CONCERN WHEN THEY WENT OUT THERE.

SO I THINK, UM, I THINK THAT WOULD PROBABLY GET THEM WHERE THEY NEED TO BE.

ELAINE.

YEAH.

AND, AND THE C OF O IS IN THE PACKET, CORRECT? IT'S IN THERE.

OKAY.

ANY QUESTIONS FOR YOUR BOARD MEMBERS? WE'RE JUST TRYING TO HELP YOU MR. GROSS.

WE DON'T SEE THESE THAT OFTEN, SO.

OKAY.

WELL IT HAS A DIFFERENT, IT'S A C 15, NOT A C 16.

LIKE THERE'S A DIFFERENT WELCOME EVERYBODY.

FIRST SPECIAL EXCEPTION CASE.

YEAH, I WAS, I WAS ACTUALLY GONNA SAY THAT WHAT YOU SAID, BUT OKAY.

BECAUSE MS. RAMIREZ SAID THAT YOU DON'T SEE IT VERY OFTEN, SO WELL, AND IN FACT WE HAD TO GET THE INSPECTOR OUT THERE TWICE BECAUSE HE SAID, WE DON'T KNOW WHAT WE'RE SUPPOSED TO BE INSPECTING, BUT MAKE SURE THAT AHEAD THERE'S A SAFETY PROBLEM.

THEN IF YOU HANG ON PLEASE, YOU NEED TO STATE YOUR NAME FOR THE RECORD.

I'M SORRY.

SO WE KNOW WHO'S TALKING.

AND SO WE CAN START YOUR TIME.

THAT'S MY FAULT.

MY NAME IS DENNIS GROSS AND I'M A GENERAL CONTRACTOR AT, UH, AND BECAUSE I HAVE HAD THE MOST INTERACTION WITH CITY STAFFERS ON THIS, UH, I, UH, AM SPEAKING ON BEHALF OF MS. SSON FOR THIS,

[00:25:01]

UH, BOARD OF ADJUSTMENT REQUEST.

AND, UM, UH, AND I DON'T HAVE A PRESENTATION BECAUSE MOST OF WHAT YOU NEED, I THINK ALL OF WHAT YOU NEED IS IN YOUR ADVANCED PACKET.

UM, AND, UH, AND AS YOU SAID, THE, UH, SPECIAL EXCEPTION, THIS DECK HAS BEEN IN PLACE FOR ABOUT 28 YEARS.

AND, UM, WE DID HAVE, UH, CITY INSPECTOR, IN FACT, THE SUPERVISOR CAME OUT SINCE THE INSPECTOR DIDN'T REALLY KNOW WHAT HE WAS LOOKING FOR.

THE SUPERVISOR CAME OUT AND, UH, PROVIDED A CERTIFICATE OF OCCUPANCY OCCUPANCY, WHICH HE FELT WAS, UM, PASSING FOR LIFE SAFETY.

UM, SO OUR REQUEST IS NOT FOR, UH, CONSTRUCTION RELATED TO THIS DECK OR ADDING TO IT IN ANY WAY.

IN ANY WAY.

UM, OUR CON OUR REQUEST IS REALLY JUST TO LEAVE IT AS IT IS TO LEAD THINGS THE WAY THEY ARE AND, UM, NOT DEMOLISH IT AND PUT IT IN A LANDFILL.

THIS CAME UP BECAUSE WE APPLIED FOR A BUILDING PERMIT TO DO SOME REMODELING ON THE, ON, UH, MS. SEL MANSON'S HOME.

AND THE ONLY COMMENT THAT THE, UH, PLAN REVIEW CAME BACK WITH WAS THAT THERE'S A DECK THERE THAT'S NOT IN COMPLIANCE WITH THE SETBACK REGULATIONS.

AND SO THEREFORE HERE WE ARE.

UM, AND, UH, THERE ARE PHOTOS IN YOUR PACKET WHICH SHOW THAT I THINK IN ADDITION TO THE LIFE SAFETY THAT WITH THE SPECIAL REQUEST, WE HAVE TO SHOW THAT IT DOESN'T IMPACT ANY NEIGHBORS.

AND THE PHOTOS IN YOUR PACKET SHOW THAT IT'S REALLY NOT VISIBLE FROM THE STREET NOR VISIBLE FROM ANY NEIGHBORS.

IN FACT, THERE ARE SOME NEIGHBORS THAT HAVE THE SAME DECK CONFIGURATION AS THIS, THAT ARE BUILT RIGHT UP TO THE FENCE.

UM, AND, UH, IF SO, IF MS. SSON IS NOT GRANTED THE ADJUSTMENT, THE ONLY OPTION WOULD BE TO DEMOLISH THE DECK AND THEN, YOU KNOW, REBUILD IT IN COMPLIANCE.

AND, AND THAT WE FIGURE WOULD ADD ABOUT, UH, 60 YARDS OR OVER NINE TONS OF MATERIAL TO LANDFILL.

UM, WHICH OF COURSE SEEMS UNNECESSARY.

THERE IS ONE LETTER OF OBJECTION IN THE, UH, IN THE FILE AND I CAN'T, I JUST, I DIDN'T KNOW THAT THAT WAS THERE UNTIL THIS AFTERNOON.

AND I CAN'T SPEAK TO MR. ROONEY'S OBJECTION OF COURSE, BUT I, I THINK THAT IT MIGHT BE THAT HE JUST DIDN'T QUITE UNDERSTAND WHAT WE WERE DOING BECAUSE I DID SPEAK WITH A COUPLE OF NEIGHBORS WHO CALLED ME AND THEY THOUGHT THAT WE WERE ASKING FOR AN EXCEPTION TO DO SOME CONSTRUCTION, YOU KNOW, THAT WAS OUT OF COMPLIANCE, WHICH WE'RE NOT.

UH, AND WHEN SHE UNDERSTOOD THAT IT WAS JUST TO LEAVE THINGS THE WAY THEY ARE, SHE WAS COMFORTABLE WITH THAT AND WAS WILLING TO, AND THEN SAID, I'LL GO TALK TO MY NEIGHBORS.

'CAUSE THEY ASKED ME QUESTIONS ABOUT IT.

SO, UM, UH, SHE WAS COMFORTABLE WITH THAT.

AND, UM, AND ALSO HIS LOT.

IT TURNS OUT THAT MR. ROONEY'S LOT, UM, THERE IS NO, THERE IS NO ENCROACHMENT IN THE PART OF MS. S MANSON'S LOT THAT ABUTS HIS LOT.

AND THAT CAN BE SEEN, UH, FROM THE SURVEY.

SOME OF THE SURVEYS THAT ARE IN YOUR ADVANCED PACKET.

UH, HIS LOT IS NUMBER 27.

UM, AND IF YOU WANT ME TO POINT IT OUT TO YOU, I CAN, BUT BASICALLY THAT'S WHAT WE'RE ASKING FOR IS TO LEAVE THINGS THE WAY THEY ARE SO THAT MS. SSON CAN DO SOME REMODELING TO THE HOUSE ITSELF.

OKAY, THANK YOU VERY MUCH.

IS THERE ANY OPPOSITION? HEARING NONE.

LET'S CLOSE THE PUBLIC HEARING AND DISCUSSION.

BOARD MEMBER BOWEN WELCOME.

AND I WILL HAVE TO REFER TO MY ESTEEMED COLLEAGUES THAT HAVE BEEN HERE LONGER THAN I SINCE THIS IS MY FIRST NIGHT.

BUT AS I WAS GOING THROUGH THIS, I NOTICED, BECAUSE I'M KIND OF ATTENTION TO DETAIL ON SOME THINGS THAT ON THE SURVEY THEY WERE SHOWING THE, UM, THE SETBACK ON THE BACK, ACTUALLY GOING THROUGH THE POOL AT 15 FEET VERSUS THE CONSTRUCTION DRAWINGS, WHICH WERE SHOWING IT AT 10 FEET.

AND I DON'T KNOW IF THAT'S A, THAT COULD BE AN ISSUE AT SOME POINT.

UH, REAR SETBACK WAS 10 FEET AND IT MAY, THAT MAY BE A PLAT ISSUE AND OR A DEEDED RESTRICTION ISSUE.

SO I, I JUST DIDN'T WANT IT WHEN I SAW THAT I, IT KIND OF JUST THREW A RED FLAG UP FOR ME GOING, IT IS AN ODD CONFIGURATION.

AND JUST IN GENERAL OF THE PROPERTY, I MEAN, MOST LOTS THAT YOU SEE ARE SQUARE AND IT'S KIND OF, OF NOT, IT'S NOT A KITE.

IT'S, UH, IT'S LIKE SOME, I DON'T EVEN KNOW WHAT'S THE RIGHT WORD FOR THAT.

DO YOU SEE, THEY TAUGHT US ALL THAT IN SCHOOL, AND I CAN'T EVEN COME UP WITH A WORD THAT MEANS THAT, BUT THAT'S NOT, UH,

[00:30:01]

I BET YOU THAT THAT'S EITHER, UM, EITHER LIKE A DEEDED RESTRICTION OR A PLATT.

AND, AND BASED UPON WHEN I LOOKED AT THE SURVEY, I LOOKED AT IT AS MORE LIKE IT CAME FROM THE PLAT, THAT FIRST ONE THERE MM-HMM.

, BUT THEN NOTICING THAT THERE WAS A DIFFERENCE IN THE CONSTRUCTION DRAWINGS THAT WERE PROVIDED IN THIS BEING 10.

MAY I SPEAK? UH, THAT WASN'T REALLY A QUESTION, OR DID YOU, DO YOU HAVE A SPECIFIC QUESTION FOR THE APPLICANT OR JUST MORE COMMENTARY? WELL, THE, THE QUESTION IS I DON'T, I, I SEE THAT AS, YOU KNOW, IF THAT'S GONNA BE AN ISSUE OR NOT.

I, YOU KNOW, THERE AGAIN, THIS IS MY FIRST TIME HERE ON THIS, IN THIS RODEO, SO JUST TRYING TO GO, I DON'T WANT TO SEE THIS COME BACK AT SOME POINT IN TIME BASED UPON SOMETHING ELSE.

AND I THINK PROBABLY WHILE THAT MAY BE IMPORTANT THAT WE CAN'T REALLY ADDRESS IT RIGHT NOW OTHER THAN TO NOTIFY HIM BECAUSE WE DIDN'T NOTICE FOR IT ON THE DISCUSSION.

SO IS THERE A WAY, BUT SOMETHING HE CAN, IS THERE A WAY TO ASK AND SEE, IS THERE A WAY TO CLARIFY THAT, SIR? THAT'S A GOOD ONE.

NOW HE ASKED YOU A QUESTION.

OKAY.

? YEAH, YEAH.

UM, THE, UH, PLAN REVIEWER, UH, WE DID ORIGINALLY THE SURVEY SHOWED 15 FEET, OR THE ARCHITECT'S DRAWING SHOWED 15 FEET.

THE PLAN REVIEWER, UM, ACTUALLY AS PART OF HIS COMMENTS CAME BACK AND SAID, PLEASE CORRECT THIS TO 10 FEET.

AND SO THAT'S WHY THERE'S A DISCREPANCY, I THINK ON THE, UH, ON THE DRAWING.

OKAY.

AND THEN WAY I WOULD GO, MADAM CHAIR, IF I MAY, SPECIAL EXCEPTIONS REALLY ARE TAKING INTO ACCOUNT THAT EVEN THOUGH THIS, UH, PROPERTY HAS BEEN BUILT OUT, YOU KNOW, THE PAST, THE EASEMENTS AND WHAT HAVE YOU, THAT HAS BEEN IN THAT CONDITION FOR MORE THAN 25 YEARS, AND THEREFORE IT SORT OF COME, BECOMES THE NORM.

UH, IN, IN THIS PARTICULAR NEIGHBORHOOD, WHICH USED TO BE E T J BACK IN THE DAY, UM, IF YOU TAKE A LOOK IN AT THE AERIAL, YOU'LL SEE A LOT OF THOSE PROPERTIES ARE THERE THAT, BUT THEY DO QUALIFY FOR THE SPECIAL EXCEPTION FOR THAT MATTER.

I'M GONNA MAKE A MOTION TO APPROVE.

UH, AND FOR OUR BOARD MEMBERS, WHEN WE DO A SPECIAL EXCEPTION, UH, WE HAVE TO READ INTO THE RECORD, UH, SECTION 25 2 4 76 OF SPECIAL EXCEPTIONS, WHICH WE DON'T HAVE IN OUR, IN OUR BACKUP RIGHT NOW.

I HAPPEN TO FIND IT, THAT'S WHY I STUCK MY NECK OUT AND I SAID, OKAY, I'LL GO FOR IT.

YOU KNOW? 'CAUSE EVERYBODY ELSE HAD, IF YOU WOULD'VE MADE A SPECIAL EXCEPTION, YOU'D HAVE BEEN REQUIRED TO DO THESE FINDINGS AND YOU'D HAVE BEEN, OH, UH, YOU KNOW, IT'S, I IT GETS A LITTLE HOT WHEN YOU CAN'T FIND YOUR FINDINGS.

SO, MADAME CHAIR, HAVING SAID THAT, I'M, I'LL MAKE A MOTION TO APPROVE AND I'LL READ THE SPECIAL EXCEPTIONS INTO THE RECORD IF, UH, IF WE'RE GOOD TO DO I HAVE A SECOND.

I'LL SECOND IT.

I HAVE A QUESTION.

OKAY, GO AHEAD.

BOARD MEMBER KIM.

UM, THIS REQUEST IS BASED ON THE DECK THAT WAS, HAD BEEN ESTABLISHED AND BUILT FOR A WHILE.

DOES IT, IT'S A QUESTION, I GUESS MORE FOR THE BOARD.

DOES IT MATTER THAT THE PERMIT IS STILL PENDING? ACTUALLY, I DID LOOK AT THAT AND I BROUGHT THAT QUESTION UP TO STAFF AS WELL.

AND, AND THERE IS A, 'CAUSE I SAW THE SAME THING.

THERE IS AN APPROVED, UH, UH, PERMIT AND IT ALSO ALREADY HAS A COMPLETED C E O, UH, CERTIFICATE OF OCCUPANCY.

IT WOULD NOT BE ABLE TO GET IN A CERTIFICATE OF OCCUPANCY IF THAT HAD NOT BEEN RESOLVED, IF IT WAS STILL PENDING.

OKAY, GREAT.

THANK YOU.

WELL, AND HE APPLIED FOR A REMODEL PERMIT FOR THE HOUSE, AND HE ASKED TO HAVE THE SPECIAL EXCEPTION IN ORDER FOR THE REMODEL PERMIT TO GET IT APPROVED.

SO IT'S PART OF HIS PROCESS IS HE HAD TO WAIT FOR US.

OKAY.

THANK YOU FOR THE CLARIFICATION.

BOARD MEMBER BOWEN, WHICH THEN BRINGS UP THIS QUESTION FOR YES, OUR NOTED ESTEEMED COLLEAGUES HERE IN THE PROCESS OF HAVING TO PROVIDE MAINTENANCE TO THE DECK, REPLACING WHATEVER THE CASE IS, WILL THAT SETBACK BE ACCEPTED AS UNDER THE SPECIAL CONDITIONS? YES.

VERSUS COMING BACK TO THE, TO THE NORM? NO.

YES, SIR.

IT WOULD BE ACCEPT IT WOULD BE ACCEPTABLE TO, AS LONG AS THEY DO NOT INCREASE THE FOOTPRINT.

OKAY.

IT DOESN'T CREATE ANY MORE, UH, I GUESS, UH, DISCREPANCY AS THAT, THAT'S A NO CHANGE.

SPECIAL EXCEPTION.

YEAH.

IT STAYS THE WAY IT IS.

YEAH, THAT THAT'S FINE.

IT WAS JUST A CLARIFICATION FOR YEAH, IT'S JUST FOR THE NON-CONFORMING USE AS IS THE FOOTPRINT.

AS IS.

YES, SIR.

AND IT'S, UH, IT IS APPLICABLE TO SOME THINGS AND NOT APPLICABLE TO OTHERS.

SO IT IS FOR THE SETBACK AND IT'S

[00:35:01]

FOR THIS USE.

AND THEN THERE ARE SOME THINGS THAT WON'T FIT IN THIS CATEGORY THAT THEN ARE VARIANCE AND THAT'S WHY ELAINE IS REALLY SMART AND TAKES CARE OF US SPECIAL.

DO I GET CREDIT FOR THAT, ELAINE? OKAY.

THANK YOU.

FINDINGS? YES.

SPECIAL EXCEPTIONS SUBJECT TO THE LIMITATIONS ON THE SECTION B OF THIS SECTION.

THE BOARD OF ADJUSTMENT MAY GROUND A SPECIAL EXCEPTION FOR THE EXISTING RESIDENTIAL STRUCTURE OR PORTION OF AN EXISTING STRUCTURE THAT VIOLATES A SETBACK REQUIRED UNDER CHAPTER 25 TO ZONING.

THE BOARD MAY GRANT A SPECIAL EXCEPTION UNDER SUBSECTION A OF THIS SECTION.

IF THE RESIDENTIAL USE FOR WHICH THIS SPECIAL EXCEPTION IS THOUGHT SOUGHT IS ALLOWED IN AN SSF THREE OR MORE RESTRICTIVE ZONING DISTRICT, THE BUILDING OFFICIAL PERFORMS AN INSPECTION AND DETERMINES THAT THE VIOLATION DOES NOT POSE A HAZARD TO LIFE HEALTH OR PUBLIC SAFETY.

AND THE BOARD FINDS THAT THE VIOLATION HAS EXISTED FOR AT LEAST 25 YEARS, OR AT LEAST 15 YEARS IF APPLICABLE, FOR A SPECIAL EXCEPTION IS SUBMITTED ON OR BEFORE JUNE 16TH, 2013, WHICH I GUESS WE CAN ELIMINATE THAT SECTION OF THAT AREA NOW, BUT WE HAVE TO READ IT INTO THE RECORD.

THE USE IS PERMITTED.

USE THE USES OF PERMITTED USE OR NON-CONFORMING USE.

THE STRUCTURE DOES NOT SHARE A LOT WITH MORE THAN ONE OTHER PRIMARY RESIDENCE.

AND GRANTING A SPECIAL EXCEPTION WOULD NOT ALTER THE CHARACTER OF THE AREA, IMPAIR THE USE OF THE ADJACENT PROPERTY THAT IS DEVELOPED IN COMPLIANCE WITH CITY CODE OR GRANT, A SPECIAL PRIVILEGE THAT IS INCONSISTENT WITH OTHER PROPERTIES IN THE AREA OR IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.

A SPECIAL EXCEPTION GRANTED UNDER THIS SECTION APPLIES ONLY TO THE STRUCTURE OR PORTION OF A STRUCTURE FOR WHICH THE SPECIAL EXCEPTION IS GRANTED AND DOES NOT RUN WITH THE LAND, MAY NOT AUTHORIZE AN INCREASE IN DEGREE OF NON-COMPLIANCE OR EXCUSE COMPLIANCE WITH MINIMUM HEALTH AND SAFETY REQUIREMENTS, AND MAY NOT AUTHORIZE A REMODEL OR ADDITION TO THE EXISTING STRUCTURE EXCEPT TO THE EXTENT REQUIRED BY THE BUILDING OFFICIAL TO MEET THE MINIMUM LIFE AND SAFETY REQUIREMENTS.

A STRUCTURE GRANTED FOR SPECIAL EXCEPTION UNDER THIS SECTION SHALL BE TREATED AS A NONCOMPLIANCE STRUCTURE STRUCTURE UNDER CHAPTER 25 2.

ARTICLE EIGHT, NONCOMPLIANCE STRUCTURES.

MADAM CHAIR.

THAT'S IT.

OKAY.

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

SECONDED BY VICE CHAIR HAWTHORNE.

CALL THE VOTE.

TOMMY AIDS.

YES.

JESSICA COHEN.

YES.

MARCEL GARZA.

YES.

MELISSA HAWTHORNE.

YES.

YOUNG J KIM? YES.

BRIAN POTENT.

YES.

JEFFREY BOWEN.

YES.

JANELLE ZI.

YES.

MICHAEL LIN? YES.

AND KELLY BLIM? YES.

OKAY.

CONGRATULATIONS.

YOUR SPECIAL EXCEPTION IS GRANTED.

THANK BOARD MEMBER BOWEN.

DO YOU PREFER JEFFREY OR JEFF? JUST DON'T CALL ME LATE FOR SUPPER.

OKAY.

THERE IT IS.

MOVING ON.

ITEM SIX

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

C 15 20 23 0 0 2 6.

PRAIRIE HUNT FOR ALCON.

15, MARGARITA CRESCENT.

I THINK THERE'S A PRESENTATION NAME FOR THE RECORD AND HE'S PULLING IT UP RIGHT NOW.

GREAT.

DAVID LONG WITH DAVID WEEKLY HOMES ON BEHALF OF MR. CONN AND HIS FAMILY.

AND YOU'LL HAVE FIVE MINUTES.

AWESOME.

SO MR. CONN WAS HERE, UM, LAST MONTH AND MADE A PRESENTATION, AND WE'LL GO THROUGH THIS PRESENTATION REAL QUICK.

NEXT SLIDE, PLEASE.

UH, THIS LOT OVER IN TERRYTOWN, THERE'S A VARIANCE REQUEST FOR F A R BEING FROM 40% TO 42.6.

UH, THE IDEA IS TO CONVERT AN EXISTING CARPORT INTO A COVERED GARAGE TO A, TO A LATENT DEFECT THAT WAS BUILT BY DAVID WEEKLY HOMES ON HIS HOME.

NEXT SLIDE.

EFFECTIVELY WHAT IS OCCURRING IS WATER IS COLLECTING ON HIS FRONT, ON HIS CARPORT FROM A WINDBLOWN RAIN, THAT WINDBLOWN RAIN, THE WATER WILL CREEP UNDERNEATH THE SOLE PLATE ON THE HOME AND GET INTO THE HOME.

NEXT SLIDE PLEASE.

THE ISSUE WAS DISCOVERED A COUPLE OF YEARS AGO.

WE'VE TRIED SEVERAL DIFFERENT METHODS TO, UH, WHAT I WOULD CONSIDER TEMPORARY METHODS TO TRY TO MITIGATE THE WATER GETTING INTO MR. KHAN'S HOME WITH NO SUCCESS.

NEXT SLIDE.

UM, THERE IS NOT ENOUGH ANGLE FROM THE EXISTING CARPORT.

THERE'S ABOUT A HALF INCH TO THREE QUARTER INCH DEVIATION, WHICH IS TYPICALLY NORMAL IN A CONCRETE FOUNDATION FROM THE EDGE OF THE FOUNDATION TO WHERE THE PLATE SITS.

UH, ON THE COMMON WALL OF THE HOME, UH, THERE WAS A, A, AN ATTEMPT TO PUT DOWN SOME TEMPORARY, UM,

[00:40:01]

CONCRETE THAT CHIPPED UP, DID NOT MITIGATE THE WATER.

WATER STILL PULLED WATER STILL CREPT UNDER THE HOME.

NEXT SLIDE.

UM, AND CURRENTLY THERE'S A TEMPORARY SCREENING ON THE HOME.

IT'S JUST BASICALLY SOME TWO BY FOURS AND PLASTIC THAT MR. KAHN HAS IN PLACE THAT IS KEEPING THE WATER FROM GETTING ON THE CARPORT, AND HE HAS NOT HAD AN ISSUE SINCE, BEEN THERE FOR SEVERAL MONTHS.

NEXT SLIDE.

UM, AGAIN, TALKS ABOUT THE PLASTIC SCREENING AND THE RAINWATER.

NEXT SLIDE.

UM, CURRENTLY, UH, WE HAVE, AGAIN, WEEKLY HOMES AND MR. KAHN, WE'VE TRIED TO COME IN AND MITIGATE THIS TO NO SUCCESS.

NEXT SLIDE.

UH, THE DRAWING ON THE LEFT HAND SIDE, THE FOUNDATION WAS DESIGNED, UH, BY OUR ARCHITECT WITH A 12 INCH DROP ON THE CARPORT.

SO THE EFFECT OF THE HOUSE SLAB WAS HERE, 12 INCHES LOWER SHOULD HAVE BEEN THE CARPORT.

THOSE PLANS WENT TO OUR ENGINEER, THIRD PARTY ENGINEER.

THE ENGINEER DESIGNED THE FOUNDATION LEVEL, MEANING THE CARPORT AND THE HOUSE WERE ON THE SAME LEVEL, WHICH IS A, A MAJOR FLAW.

THE BUILDER, AND IT WENT THROUGH THE CITY OF BOSTON WAS REVIEWED AND THE CITY OF BOSTON DID NOT CATCH THE DEVIATION IN THE ARCHITECT SET OF DRAWINGS AND THE ENGINEERED SET OF DRAWINGS, THE 12 INCH DROP, WHICH HAVE, WHICH KEPT US ALL OUT OF TROUBLE HERE, HOME WAS BUILT BUILDER, DIDN'T CATCH IT.

UH, ENGINEER DIDN'T CATCH IT ON THEIR INSPECTION, THE HOME WAS BUILT.

WE HAVE THE ISSUE.

UH, DO YOU HAVE A LETTER, UM, FROM ANOTHER THIRD PARTY ENGINEER? NOT THE ORIGINAL ENGINEER ON THE HOME.

OBVIOUSLY THEY MADE SOME MISTAKES, UH, ON THE CORRECTION.

AND THE CORRECTION IS SUGGESTED TO CLOSE IN AND COMPLETELY WEATHERIZE THIS AREA, DISALLOWING ANY OF THE WATER TO COME IN, AND THEN, WHICH WOULD SEAL THIS SPACE OFF SO THAT THAT WATER DOESN'T COME IN CHIPPING OF THE CONCRETE, WHICH WAS SUGGESTED.

I THINK SOMEONE ON THE COMMITTEE HAD SUGGESTED CHIPPING THE CONCRETE UP.

THIS IS A POST TENSION FOUNDATION.

THERE'S CABLES IN THIS SLAB.

THEY'RE, THEY'RE HIGH STRENGTH STEEL CABLES.

THEY'RE TENSION TO 33,000 P SS I THEY RUN FRONT TO BACK AND SIDE TO SIDE.

THOSE CABLES RESIDE ABOUT AN INCH TO AN INCH AND A HALF BELOW THE SURFACE OF THE CONCRETE IN ORDER TO CHIP THIS DOWN TO GET WATER TO SHED OFF THIS.

SO IT DOESN'T GET INTO MR. CONN HOME.

WE NEED TO, WE NEED TO CHIP DOWN PROBABLY CLOSE TO THREE INCHES AT A MINIMUM.

THE FLAW THERE IS WE'RE CHIPPING BELOW THE CABLES.

YOU'LL CREATE A COLD JOINT IN THE SLAB, THAT COLD JOINT WHEN YOU DETENTION OR RETENSION THE CABLES COULD POTENTIALLY CAUSE A FOUNDATION FAILURE AND POP THAT CAP OFF OF THAT FOUNDATION, WHICH WE HAVE BIGGER ISSUES AT THAT POINT.

THAT IS THE REASON WHY THE, THE SUGGESTION IS TO COME IN AND THEN PUT THE WALLS IN, CLOSES OFF, WATERPROOF IT ON THE EXTERIOR, AND KEEP THE WATER FROM EVEN GETTING INTO THE SPACE.

AND I DO HAVE OUR ENGINEER, I THINK HE'S ON THE PHONE AS WELL AS ARCHITECT THAT DESIGNED THIS.

DO YOU HAVE ANY QUESTIONS FOR THOSE GUYS AS WELL? OKAY, THANK YOU VERY MUCH.

YES, MA'AM.

IS THERE ANY OPPOSITION? OKAY, SIR, I COULD GET YOU TO STEP BACK AND, UH, GOOD EVENING, MADAM CHAIR, MEMBERS OF THE BOARD ADJUSTMENT.

UM, FIRST I'D LIKE TO THANK YOU FOR YOUR SERVICE TO THE CITY.

UH, HAVING SAT ON A COMMISSION RECENTLY FOR EIGHT YEARS, IT CAN BE FUN, BUT IT ALSO TAKES YOUR TIME.

UM, AND FOR THE RECORD, NAME BLAKE, WE KNOW WHO YOU ARE.

YEAH.

MY NAME IS BLAKE TOLLETT.

I'M HERE REPRESENTING TONIGHT, WEST AUSTIN NEIGHBORHOOD GROUP.

WE ORIGINALLY PUT A LETTER OF OPPOSITION IN HERE.

I CAME TO THE JULY MEETING AND I'M HERE TONIGHT.

UH, WHEN THIS HOUSE WAS DESIGNED, THEY MADE A SPECIFIC DECISION TO PUT A CARPORT INSTEAD OF AN ENCLOSED GARAGE.

BY DOING THAT, THEY GOT 200, I THINK 250 SQUARE FEET OF EXTRA HABIT HABITABLE SPACE IN THIS NEIGHBORHOOD AND THAT AREA, YOU'RE TALKING RESALE, RESALE ANYWHERE FROM 500 TO A THOUSAND DOLLARS A SQUARE FOOT.

SO THERE'S MONEY INVOLVED HERE.

UM, CARPORTS BY THEIR DESIGN ARE OPEN TO THE ELEMENTS.

THIS IS A TANDEM CARPORT.

YOU, YOU, I'VE BEEN IN A CARPORT.

I'VE HAD A CARPORT IN THE PAST IN MY LIFE.

WHEN I WAS RENTING PROPERTY, WHEN I FIRST CAME DOWN HERE, WATER COMES IN.

UH, THERE ARE, I DON'T THINK THE CAR, THAT EFFECT IS THE CARPORT IS TRULY A, A HARDSHIP HERE.

I THINK THAT'S A DESIGNED DECISION MADE UP FRONT.

YOU LIVE WITH WHAT YOU DECIDE.

NOW AS FAR AS THE, THE SLOPE OF THE GARAGE, THAT'S VERY UNFORTUNATE.

UH, I, BUT I DON'T THINK, UH, THERE ARE WAYS TO MITIGATE THIS.

THEY COULD PUT A LITTLE ON THE, ON THE, ON THE OPPOSITE, THE, THE SIDE AWAY FROM THE HOUSE.

IT'S OPEN.

NOW, SUPPOSEDLY THEY COULD PUT

[00:45:01]

A LITTLE RETAINING WALL THERE.

THERE'S A SIX FOOT WOODEN FENCE ON JUST ON THE OTHER SIDE OF THAT OPENING.

SO THERE'S NO REAL WATER COMING IN THAT WAY.

THEY HAVE A GARAGE DOOR IN THE FRONT.

THEY CAN PUT THAT GARAGE DOOR IN THE BACK.

THAT WOULD PROBABLY STOP THIS, THE WIND AND THE RAIN COMING IN.

THAT WAY THEY CAN PUT A LITTLE BARRIER UP THERE.

THE HOUSE I LIVE IN NOW, LIVED IN OVER 40 YEARS, HAS A WALKOUT BASEMENT.

WHEN IT RAINS HARD, THE WATER COMES UNDER THE DOOR OF THE BASEMENT AND IT COMES INTO, UH, COMES INTO MY LITTLE BASEMENT.

I GET UP THERE.

WHEN IT RAINS HARD, I GET A BROOM AND I SWEEP IT OUT.

THAT'S VERY MINOR.

IT'S, THAT'S NOT THAT HARD.

UH, THEIR ENGINEER REPORT SAID THEY'RE LOOKING FOR A PERMANENT FIX.

UM, THIS IS A MINOR HAZARD AND MINOR PROBLEM, AT LEAST IN THAT'S, AT LEAST IN OUR OPINION.

I JUST DON'T THINK IT QUITE RISES TO THE LEVEL OF HARDSHIP, I THINK.

AND I DO THINK IT WOULD, THERE IS SOME DIFFERENCES HERE.

UH, AGAIN, THERE'S A, THERE'S A PROBLEM ON THE BUILDING, BUT WHEN YOU START COUNTING CARPORTS AS HARDSHIPS, YOU'VE GOT CARPORTS ALL THROUGH THE CITY.

PEOPLE HAVE MADE DECISIONS, ESPECIALLY ON THESE NEW BUILDINGS.

I'LL HAVE A CARPORT.

I GET 250 EXTRA SQUARE FEET OF HABITABLE SPACE.

AND THEN MAYBE I WANT TO ENCLOSE IT.

UH, ANYWAY, THAT'S MY ASK OR NOT ASK.

IT'S JUST OUR OPPOSITION.

IT'S UP TO Y'ALL.

AGAIN, THANK YOU FOR YOUR SERVICE.

THANK YOU.

OKAY.

YOU WILL HAVE TWO MINUTES FOR A REBUTTAL.

I WOULD SAY THAT, UH, WATER, GETTING INTO ONE'S HOME IS A PRETTY BIG DEAL.

UM, UNFORTUNATELY FOR, FOR MR. CONN, UH, HE'S HAD SEVERAL RAIN EVENTS WHERE HE'S HAD A SIGNIFICANT AMOUNT OF WATER THAT HAS DAMAGED THE INTERIOR OF HIS HOME.

THIS IS A LATENT DEFECT.

THIS IS THE PEOPLE THAT MADE THESE ERRORS ARE NO LONGER HERE AT THIS COMPANY.

AND I AM HERE TO TRY TO HELP MR. KAHAN.

THE ONLY WAY VIA MY ENGINEER AND MY ARCHITECT THAT I CAN GIVE HIM A LONG-TERM SOLUTION TO CORRECT THIS ISSUE WITH HIS HOME, IS FOR US TO COME IN AND CLOSE THIS CARPORT.

I KNOW THIS IS A VERY DIFFICULT DECISION.

MR. KAHN LIKES HIS CARPORT.

WHAT HE DOESN'T LIKE IS RAIN COMING INTO HIS HOME AND WATER GETTING INTO HIS HOME.

I THINK FOUR TIMES IF, IF UNDERSTOOD BEFORE WE PUT UP THE PLASTIC.

THE PLASTIC TO ME IS AN EYESORE AND A NUISANCE FOR HIM.

AND IT'S, TO ME, IT'S NOT ACCEPTABLE AND WE JUST WANT TO CLOSE IT IN AND KEEP WATER FROM GETTING INTO HIS HOME.

WE'RE TRYING TO DO THE RIGHT THING FOR MR. CONN.

OKAY.

ARE YOU DONE? I'M DONE.

OKAY.

YES, MA'AM.

THANK YOU VERY MUCH.

I'M GOING TO CLOSE THE PUBLIC HEARING.

THANK YOU, MADAM CHAIR.

UM, WE BOARD MEMBER LIN, FIRST OF ALL, I'D LIKE TO ADDRESS SOMETHING BECAUSE, UH, I WENT AND LOOKED AT LAST MONTH'S MEETING AGAIN MYSELF, BECAUSE SOMETIMES I'M NOT QUITE SURE IF WHAT I'M BEING TOLD IN THE LETTER IS WHAT I ACTUALLY SAID IN THE LAST MEETING.

AND I THINK WHAT I WAS SAID WAS TAKEN OUT OF CONTEXT AND MISCONSTRUED AND ACTUALLY SPUN A LITTLE BIT BECAUSE NEVER DID I SAY TO CHIP THAT SLAB DOWN AN INCH OR TWO INCHES.

AND BY THE WAY, BACK IN 1979 WHEN I WAS A YOUNG BUCK, I USED TO ACTUALLY RUN THE MACHINE THAT PULLED THAT TENSION ON POST TENSION CABLES FOR MULTIFAMILY UNITS, WHICH WE HAD A LOT MORE POUNDAGE PRESSURE.

I KNOW WHAT IT'S LIKE WHEN A CABLE SNAPS AND YOU'RE IN THE PIT WITH THE, WITH THE TENSIONER.

SO, YOU KNOW, YOU WATCH YOUR LIFE FLASH BEFORE YOUR EYES.

SO I'M VERY FAMILIAR WITH POST TENSION CABLES AS, UH, UH, SLABS AND FOUNDATIONS AS WELL.

I NEVER DID SAY TO CHIP IT DOWN ONE INCH TO A HALF AN INCH.

IT'S NOT NECESSARILY NECESSARY TO DO THAT.

AND AGAIN, I'M GONNA GO BACK AND YOU CAN ACTUALLY GO TO THE AUSTIN ENERGY BUILDING THAT'S ON KANIG LANE.

AND YOU CAN TAKE A LOOK AT THE, THE WORK THAT WE DID THERE FOR CONTAINMENT SITUATIONS, FOR HAZARDOUS MATERIAL AND VEHICLES.

THEY HAD TO COME IN AND BE DECON ON THEM WHERE WE HAD TO PUT AN INCH AND A HALF TO TWO INCH CAP ON IT.

AND SO REALLY WHEN YOU, WHAT I WAS TALKING ABOUT IS YOU BASICALLY ROUGH UP AND CHIP UP THAT CONCRETE.

YOU USE A CONCRETE ADHESIVE.

AND THE WAY THAT WE DID IT, BECAUSE, UH, THEY WERE PUTTING, THEY HAD LIFT TRUCKS THAT WERE DRIVING ON THERE, WHICH ARE BASICALLY EIGHT TIRE MASSIVE VEHICLES.

WELL OVER A TON OR TWO.

DRIVING ON THOSE, ON THOSE, UH, AREAS IS WE ALSO PUT OUR CONCRETE ADHESIVE IN THE CONCRETE THAT WE USED OURSELF.

SO NOT ONLY DID WE PAINT IT ALL OVER THE, THE ROUGHED UP CONCRETE,

[00:50:01]

WE MIXED IT IN THE CONCRETE AND WE WENT WITH A ONE INCH TO TWO INCH CAPPED AND SLOPED IT ON OUT SO THAT ALL, ANYTHING THAT CAME OFF THAT WAS HAZARDOUS MATERIALS WENT INTO A CERTAIN DIRECTION FOR CONTAINMENT.

THIS IS WHAT I'M TALKING ABOUT THAT STILL, I STILL FEEL CAN BE DONE ON THIS HOME.

UH, AND SO THE ENGINEER'S, UH, LETTER THAT I'M LOOKING AT, AND I UNDERSTAND IT'S A LATENT DEFECT IN DESIGN, AND THAT'S WHERE, UM, COMING TO ASK FOR A VARIANCE MIGHT BE THE EASIEST WAY OUT.

BUT, UH, THE, THE, AND I'M SORRY SIR, YOU'RE THE BUILDER.

YOU'RE THE RESPONSIBILITY LIES WITH THE BUILDERS TO RESOLVE THIS SITUATION.

THEY HAVE ALREADY TAKEN A WAIVER THAT INCREASED THEIR SQUARE FOOTAGE ALREADY.

THE HOUSE IS MAXED OUT, THE PROPERTY IS MAXED OUT.

AND I STILL, I'M STILL FIRMLY BELIEVE THAT THERE IS A, A ALTERNATIVE WAY TO BE ABLE TO TAKE CARE OF THIS.

AND THIS LETTER THAT FROM THIS ENGINEER IS REALLY, UH, UH, I DON'T, IT, IT TOTALLY SPINS EVERYTHING.

SO IT'S NOT QUITE WHAT WE, UH, IT ISN'T, AS A MATTER OF FACT, IT'S NOT WHAT I SAID IN, IN THE VIDEO AT LAST MONTH'S MEETING.

ALSO, THE OTHER ISSUE THAT WE ASKED FROM MR. UH, FROM THE, UH, UH, APPLICANT WAS, UH, AND THIS CAME FROM COMMISSIONER VAN ZANT TO, AS SHE ASKED ABOUT WHAT CAN BE DONE UNDER HIS HOME WARRANTY, WHAT CAN BE DONE UNDER HIS POTENTIAL INSURANCE, HOMEOWNER'S INSURANCE, AND COMMISSIONER MAGGIE, WHO'S NOT HERE TONIGHT, ASKED THAT SAME THING ABOUT THE, ABOUT THE HOMEOWNER'S INSURANCE.

SO IF THEY'RE, IF THEY'RE GONNA HAVE TO SPEND ADDITIONAL MONEY, UH, TO HAVE IT CORRECTED, THAT'S WHERE THAT NEEDS TO COME FROM.

BUT I, I'M STILL WHERE I'M AT LAST MONTH AND I'LL MAKE A MOTION TO DENY.

AND NOW THAT WE HAVE ANOTHER CONSTRUCTION SPECIALIST UP ON, ON THE DAIS, I THINK, UH, MAYBE, UH, IT'LL BE, IT'LL BE CONFIRMED THAT I'M NOT JUST, I'M NOT JUST BEING CRAZY ABOUT THIS.

I KNOW WHAT I'M TALKING ABOUT.

IT, IT CAN BE CAPPED AND IT, THE TAPER, IT CAN BE TAPERED AWAY.

OKAY.

WHAT, WITH THE MOTION ON THE FLOOR, IS THERE A SECOND? UH, BOARD MEMBER BOWEN GOT IT.

FIRST KEY DISCUSSION, MORE QUESTIONS.

UH, BOARD MEMBER BLOOM AND THEN BOARD MEMBER BOWEN.

UM, YEAH, SO I WATCHED THE VIDEO FROM LAST MONTH SINCE I WASN'T THERE.

AND ONE THING THAT STRUCK ME ABOUT THE, THE ASK IS THAT THE, THE, THE F A R OVERAGE IS NOT CREATED JUST BY THE GARAGE.

IF YOU'RE ABLE TO SUBTRACT F A R ELSEWHERE FROM YOUR SITE, THEN YOU MAY BE ABLE TO DO THE GARAGE.

AND ONE THING YOU MIGHT CONSIDER IS JUST HAVING A SINGLE CAR ENCLOSED GARAGE RATHER THAN A TANDEM GARAGE.

THAT MAY BE ENOUGH TO, TO ADDRESS YOUR DRAINAGE ISSUE.

UM, BUT YOU WOULD AGAIN, HAVE TO SACRIFICE SOME OF THAT, THAT COVERED PARKING THAT YOU CURRENTLY HAVE IN ORDER TO DO IT.

BOARD MEMBER BOWEN, UH, YES, THANK YOU.

UM, BEING THAT THIS IS MY FIRST TIME HERE, I DID GO BACK AND REVIEW THE, UH, ACTUAL VIDEO FROM THE LAST TIME THIS WAS BROUGHT UP.

AND, UM, AS, 'CAUSE AS I WAS READING THIS, I SAW THAT IT WAS POSTPONED.

I WANTED TO COME BACK AND LOOK AT THIS.

AND YES, I'VE BEEN IN THE BUSINESS OVER 40 YEARS.

UM, AND JUST FOR THE RECORD, MY LAST CONCRETE PLACEMENT WAS TWO BUILDINGS THAT WERE 70 FEET WIDE BY, WELL OVER A HUNDRED FEET EACH.

ALL OF THEM WITH KNOCKOUTS FOUR DOORS.

SO EVERYTHING HAD TO BE SLOPED, TAPERED, EVERYTHING DONE ALONG THAT LINE.

AND ALSO, JUST AS A COMMENT, I KNOW THIS IS NOT DAVID WHEATLEY'S FIRST TIME BUILDING A HOUSE.

MY QUESTIONS COME UP.

THESE ARE MY OWN QUESTIONS IN MY OWN MIND GOING, WHERE WAS THE SITE SUPERVISION AND AT WHAT POINT WAS SOMEBODY GOING TO MAKE SURE THAT THE CARPORT WAS ACTUALLY HAD ENOUGH SLOPE ON IT TO GET THE WATER OFF OF IT VERSUS HAVING A BIRD POND ON IT? SO I I, I DO AGREE THAT IT IS A LATENT CONSTRUCTION DEFECT.

UH, WHICH REALLY COMES BACK TO THE SAME THING.

HOW MANY GARAGES WITH THE HOUSE HAS DAVID WEEKLY BUILT THAT HAS GOT SOME TYPE OF DROP? IT'S PLAIN AND CLEARLY SHOWN ON THIS, ON THE DRAWINGS THAT WERE SUBMITTED HERE, WHICH WOULD BE, I'M ASSUMING THE SAME DRAWINGS THAT WERE DONE, UM, AS FOR THE, WHO REVIEWED THE CONCRETE OR THE STRUCTURAL DRAWINGS FOR THE CONCRETE THAT WAS AT THAT OFFICE.

SO THE FACT THAT THEY'RE NO LONGER BEING USED, THAT THAT'S NEITHER HERE NOR THERE.

BUT THE POINT OF IT IS, THIS IS NOT THEIR FIRST RODEO DOING THIS.

AND I

[00:55:01]

FIND IT VERY DIFFICULT TO GIVE AN EXCEPTION FOR THIS BASED UPON THE FACT THAT THEY PUSHED THE LIMITS ON THE F A R ALREADY HAVING THAT CHOICE BEING STATED IN THE DOCUMENTS ALREADY.

AND, UM, I CANNOT SUPPORT GIVING, UM, GIVING YOU THAT.

THAT'S THE REASON I SECONDED THAT.

SO, UM, AND THERE ARE PRODUCTS OUT THERE THAT, AND I'VE DONE 'EM WITH MYSELF ON SOME PROJECTS WITH SOME ROADS TO WHERE YOU CAN PUT THE ADDITIVES DOWN TO MAKE SURE CHIP IT JUST A LITTLE BIT TO ROUGH IT UP AND TO GET CONCRETE, FRESH CONCRETE TO STICK.

NOW WHETHER IT'S POST TENSION OR NOT, UH, SORRY.

UH, SOMEBODY SHOULD HAVE BEEN THERE AND NOTICED THIS AT THE TIME THAT THE SLAB WAS POURED BEFORE Y'ALL STARTED FRAMING AND SAID, GENTLEMEN, WE HAVE A PROBLEM HERE.

SO THAT'S WHY I'M HAVING A HARD TIME WITH THIS WHOLE PROCESS.

SO, AND I WILL CONCUR.

NO, THAT WASN'T A QUESTION.

OKAY.

I DON'T DISAGREE.

BOARD MEMBER KIM.

I THINK, I THINK THERE'S A GENERAL FEELING OF WHAT, WHERE THIS DIRECTION IS LEADING AS FAR AS WHERE WE STAND.

UM, BUT FROM MY UNDERSTANDING OF THE SOLUTION THAT'S PROPOSED REGARDING WEATHERIZING AND BUILDING A CAR, UH, GARAGE, ENCLOSED GARAGE, I DON'T SEE HOW THAT'S ANY DIFFERENT THAN TRYING TO OTHERIZE THE EXISTING WALL THAT'S FACING THE CARPORT.

THAT'S, THAT'S INTERFACED WITH THE CARPORT.

AND I THINK THERE ARE STILL SOLUTIONS TO BE EXPLORED RATHER THAN TRYING TO BUILD A GARAGE.

SO I, I, I GUESS, I GUESS MY POSITION IS IT'S HARD TO SUPPORT THIS AS WELL.

THANK YOU.

VICE CHAIR.

I DO WANNA SAY I THANK YOU FOR COMING.

UM, AND YOUR EXPLANATION WAS VERY STRAIGHTFORWARD AND VERY TRUTHFUL AND, UM, YOU, YOU DEFINITELY GOT THE, THE BAD END OF THE DOG AND, UH, YOU TELL THE TRUTH.

SO I, I REALLY APPRECIATE THAT.

AND IT'S NOT A GREAT POSITION FOR ANY OF US TO BE IN, IS IN THIS.

I DO THINK THAT THERE ARE SOLUTIONS.

I DO THINK, UH, BOARD MEMBER BLUM BROUGHT UP A REALLY GOOD POINT IS, IS THAT IF IT WERE SMALLER, YOU COULD DO IT UNDER THE F A R THAT YOU HAD.

UM, I DO THINK THAT, YOU KNOW, A SMALL RETAINING WALL, SOME GUTTERS, UM, MOVING THE GARAGE DOOR, WHICH I DON'T THINK THERE SHOULD BE A GARAGE DOOR ON THE CARPORT IN THE FIRST PLACE.

SO, YOU KNOW, IT, IT GARAGE DOOR CARPORT, THEY DON'T REALLY GO TOGETHER FOR ME, BUT, YOU KNOW, CALL ME OLD FASHIONED.

SO I DO THINK THAT THERE ARE SOLUTIONS.

I JUST THINK THAT, UM, THAT THE HOMEOWNERS FOCUSED ON A SINGLE SOLUTION AND I DON'T THINK THAT THERE IS ONLY THAT SOLUTION.

SO I AM IN SUPPORT OF THE MOTION FOR DENIAL, WHICH I'M USUALLY PRETTY FLEXIBLE.

SO THERE YOU GO.

I DON'T OFTEN WEIGH IN ON MOTION TO DENY AS CHAIR, BUT THIS IS ONE OF THOSE CASES WHERE I FEEL IT'S IMPORTANT TO MENTION YET AGAIN WHERE WE, WE HAVE A CASE THAT'S EITHER BEEN BILLED OUT, IT'S THE MAX F A R, OUR MAX IMPERVIOUS COVER BY THE BUILDER AND THE HOMEOWNER IS PAYING FOR IT.

AND THAT'S NOT REALLY A HARDSHIP.

THAT'S A MISTAKE THAT WAS MADE THAT SHOULD HAVE BEEN CAUGHT AT THE TIME OF CONSTRUCTION.

I, I AM, I I'M NOT SURE THAT IT IS ON A HOMEOWNER DECISION THAT THEY BUILT IT MAXED OUT IN THE FIRST PLACE.

SO I DON'T KNOW THAT I'D SPREAD THAT ONE AROUND.

I'M ASSUMING ASSUME FAIR, BREAK IT DOWN.

I WON'T ACCUSE ANYONE.

SOMEBODY BUILT THE MAX F A R HEY, BY CHOICE, DON'T GET YOUR CROWBAR AND YOUR P GRAVEL CONFUSED.

BUT PETE GRAVEL BY CHAIR, PETE GRAVEL, MR. MAYOR, EITHER WAY, IT'S, IT'S NOT SOMETHING I'VE, I'VE EVER SUPPORTED.

IT'S DEFINITELY NOT, NOT SOMETHING I'M GOING TO SUPPORT NOW.

UH, I'VE HEARD, EVEN THOUGH LIKE I'M NOT A CONSTRUCTION EXPERT, I'VE HEARD SO MANY DIFFERENT POSSIBLE SOLUTIONS THAT CAME FROM PEOPLE THAT I TRUST WHO HAVE A LOT OF EXPERIENCE.

SO I I AM NOT GONNA BE ABLE TO SUPPORT THIS EITHER.

AND ARE THERE ANY OTHER QUESTIONS OR COMMENTS? VIRTUAL MEMBERS? NO.

OKAY.

SO MARCEL IS GONNA TRY TO BE NICE NOW.

NO, LOOK AT IT.

BOARD MEMBER GARZA.

WELL, HE, HE DID MENTION THAT THE THERE ENGINEER MIGHT BE ON THE CALL AND IT WOULD JUST BE, I FEEL LIKE IT'S

[01:00:01]

FAIR TO ALLOW THE ENGINEER TO, TO COMMENT ON, YOU KNOW, BEING ABLE TO, UH, WEATHERPROOF THAT INTERIOR WALL, EXTERIOR INTERIOR WALL OF THE, THE CARDBOARD.

DO DO YOU HAVE A SPECIFIC QUESTION FOR HIM OR? WELL, UM, YES.

MAYBE ENGINEER, COULD YOU PLEASE DISCUSS SOME OF THE OPTIONS WE WENT OVER AND TELL US? ENGINEER, COULD YOU PLEASE , HE'S SO NICE.

ADDRESS SOME OF THE QUESTIONS THAT WE'VE, HE'S THE NICE ONE OVER THERE.

PROPOSALS THAT WE'VE LOOK AT THAT PLEASE.

THANK YOU.

DO WE HAVE THE ENGINEER ON THE PHONE? OKAY.

I KNOW SOMETIMES IT HAS A LITTLE DELAY WHEN, WHEN YOU GET ADDED IN, WHEN YOU, UH, ARE ABLE TO, CAN YOU GIVE US YOUR NAME? UH, THIS IS MIKE SCANLON WITH NOEX ENGINEERING.

THANK YOU, SIR.

CAN YOU HEAR US? MIKE? HEAR YOU? CAN YOU HEAR ME? YES.

YES, WE CAN HEAR YOU.

OKAY.

NOT SURE IF YOU FOLLOWED THE CONVERSATION, BUT, UM, NO, IT WAS BREAKING UP AND IT WAS ASKING ME TO THE AUTOMATED TELECONFERENCE.

PEOPLE WERE TALKING TO ME WHILE Y'ALL WERE TALKING.

OH, OKAY.

ABOUT HOW I COULD UNMUTE.

SO I DIDN'T HEAR THE QUESTION OR ANYTHING.

I JUST KNEW THEY WANTED ME TO UNMUTE MYSELF.

HI MIKE.

UH, WE JUST HAD A QUESTION.

IF YOU COULD COMMENT ON, DO YOU THINK A CONCRETE, UM, TOPPER OF SOME SORT THAT CAN ADHERE TO THE EXISTING CARPORT WITH A MINOR SLOPE, UM, BE A POTENTIAL SOLUTION AS WELL AS ARE THERE ANY ADDITIONAL WEATHER PROOFINGS THAT, THAT YOU THINK MIGHT BE POSSIBLE SOLUTIONS TO THAT CAR CARPORT, EXTERIOR WALL? WHEN YOU'RE TALKING ABOUT A CONCRETE, UH, TOP AND A CAP, ARE YOU TALKING ABOUT TAKING THE EXISTING FOUNDATION AND ADDING THREE OR FOUR INCHES OF CONCRETE ON TOP OF IT? UH, WHO WANTS TO ENTER THAT BOARD MEMBER? EITHER ONE.

DO YOU WANNA GO FOR IT, JIM, OR YOU WANT ME? DO YOU WANT HIM TO GO FOR IT? GO AHEAD.

GO FOR IT.

OKAY.

WHAT I'VE DONE, AND WHAT I WAS SAYING IN THE PAST IS WHAT, AND WE'VE DONE THIS, AND I'VE ALSO BEEN IN CONSTRUCTION PROBABLY THE MAJORITY OF MY LIFE, BUT, UH, THE LAST 28, 30 YEARS, I WAS A GENERAL CONTRACTOR DOING EVERYTHING FROM SMALL CUSTOM HOMES TO MILLION DOLLAR HOMES TO AIRPORT TERMINALS, UH, BIOMEDICAL RESEARCH FACILITIES.

AND WE DO A LOT OF WORK FOR THE, UH, AUSTIN ENERGY, UH, HAZARDOUS MATERIAL EMERGENCY RESPONSE PROGRAM FOR 10 YEARS.

AND WHAT WE'VE DONE IN THE PAST IS WHEN WE'VE HAD TO USE, MAKE A CONTAINMENT CENTER WHERE WE HAD TO SLOPE THE SLAB IN ORDER TO HAVE THE HAZARDOUS MATERIAL.

AND THIS, THIS HAD, LIKE I SAID, LINE TRUCKS PULL UP ON IT, POLE TRUCKS PULL UP ON IT, THAT RAISED SEVERAL TONS.

UH, AND THEY WOULD HAVE TO PULL WITHIN THAT CONTAINMENT AREA IN ORDER TO BE DECON, DECONTAMINATED.

AND ALL OF THE WASH, WASH HAD TO GO TO A CERTAIN DIRECTION.

WE SIMPLY WENT IN THERE AND WE SCARIFIED OR ROUGHED UP AND CHIPPED IT.

YOU DON'T CHIP DOWN AN INCH OR TWO.

IT DOESN'T TAKE THAT, IT TAKES MAYBE A 16TH THROUGH AN EIGHTH OF AN INCH WITH A SPUD HAMMER CHIP IT ALL DOWN.

WE TAKE CONCRETE ADHESIVE.

THERE'S MANY OF 'EM ON, ON THE, UH, MARKET NOWADAYS, AND THEY'VE COME A LONG WAY SINCE I DID USED TO DO IT.

UH, YOU WOULD, YOU WOULD REALLY SLATHER THAT ON THERE AS WELL AS MIX IT IN WITH YOUR CONCRETE AND YOU WOULD GO WITH A ONE INCH TO TWO INCH CAP.

IT DOESN'T NEED TO BE THREE INCHES, DOESN'T NEED TO BE FOUR