* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [CALL TO ORDER] [00:00:03] PM ON OCTOBER 9TH, 2023. I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER AT 5:30 PM PROMPTLY. IMPRESSIVE. I KNOW IT'S BEEN A WHILE. IT'S VERY IMPRESSIVE. OKAY. UH, WE DO HAVE A QUORUM. I'M GONNA GO AHEAD AND CALL THE ROLL. UH, TOMMY'S NOT HERE YET. JESSICA COHEN. I AM HERE. MARCEL GARZA. IS HE IN TONIGHT? HE IS NOT. I, I BELIEVE THAT KELLY IS EITHER MARCEL OR MICHAEL. NOT SURE WHICH ONE IS KELLY. MARCEL OR MICHAEL? I AM, I'M MARCEL. OH, YOU ARE MARCEL MARC. OKAY. MELISSA HAWTHORNE PRESENT YOUNG CHEM. OH. OH, WE LOST HER. OKAY. WE'LL COME BACK TO HER. BRIAN BOTIN HERE. MARGARET, STAN, MAGGIE. SORRY. HERE. THAT'S FINE. HERE. UH, JEFFREY BOWEN. PRESENT. JANELLE VENZA. HERE. MICHAEL BONO IS OUT. KELLY BLOOM HERE. AND SUZANNE VALENTINE. PRESENT. SUPER. OKAY. UH, HAS EVERYBODY ON THE DA SIGNED THE SIGNIN SHEET? PRESS IT DOWN THIS WAY. MADAM CHAIR. SIGN. WHAT ABOUT YOUNG DUKE? KIM, YOU WANNA OH, THERE, SHE'S, OKAY. I'LL WAIT UNTIL WE CAN SEE HER PICTURE. AND THEN TOMMY IS TOMMY. TOMMY IS, TOMMY IS, UH, BOARD MEMBER KIM HAVING PROBLEMS WITH HER? . OKAY. SHE CAN HEAR YOU. OKAY. UH, FOR THE AUDIENCE, PLEASE TURN OFF YOUR CELL PHONES OR PUT THEM ON VIBRATE AFTER. IS YOUR, AFTER YOUR CASE IS OVER, PLEASE TAKE YOUR DISCUSSION OUTSIDE OF THE LOBBY. IF YOU HAVE ANY QUESTIONS, CONTACT THE BOARD LIAISON ELAINE, TOMORROW PLEASE. VIA EMAIL OR PHONE WHEN YOU'RE ADDRESSING THE BOARD. PLEASE SPEAK DIRECTLY TO THE BOARD. IF THERE'S ANY OPPOSITION, DO NOT TALK TO EACH OTHER. UH, PARKING TICKETS. UH, WHEN YOU WALKED IN, UH, THERE ARE SOME LITTLE QR CODES NEXT TO THE SIGN-IN BOOK OVER HERE. GRAB ONE OF THOSE LITTLE QR CODES. WHEN YOU EXIT THE PARKING GARAGE, YOU'LL HAVE TO SHOW THE PARKING TICKET YOU TOOK TO GET IN, AND THEN YOU'LL SCAN THAT LITTLE QR CODE AND IT'LL, THAT'S YOUR VALIDATION FOR EVERYONE. THANK YOU. UH, AND I'M GOING TO ACKNOWLEDGE THAT, UH, BOARD MEMBER KIM IS NOW ON VIDEO AND HAS JOINED US ON THE VIRTUAL DIOCESE. OKAY. FOR ANYONE WHO'S GOING TO BE GIVING TESTIMONY TODAY, WOULD YOU PLEASE STAND AND TAKE YOUR OATH OF AFFIRMATION? DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? THANK YOU. HAVE A SEAT. [APPROVAL OF MINUTES] OKAY. FIRST ITEM ON THE AGENDA WILL BE MEETING MINUTES FROM SEPTEMBER 11TH, 2023. MOTION TO APPROVE. I'LL SECOND THAT. WE HAVE A MOTION TO APPROVE MADE BY A BOARD MEMBER HAWTHORNE, SECONDED BY BOARD MEMBER POTE. ANY DISCUSSION? SEEING NONE WOULD TAKE THE VOTE. JESSICA COHEN. YES. MELISSA HAWTHORNE. YES. YOUNG J KIM? YES. BRIAN POTI. YES. MAGGIE ANI. ABSTAINING. JEFFREY BOWEN? YES. JANELLE VAN ZANT? YES. KELLY BLOOM? YES. AND SUZANNE VALENTINE? YES. OKAY. IS YOUR MICROPHONE ON NOW? IT IS. THERE WE GO. . MADAM CHAIR. YES. SO CAN I CONFIRM WHAT OUR SUPER MAJORITY NUMBER IS FOR TONIGHT? EIGHT. EIGHT. IT WILL BE EIGHT. SO BECAUSE WE'RE STILL ONE BOARD MEMBER. SHORT. YEAH. UH, TOMMY. OKAY, SO TOMMY IS OUR, OUR TOMMY'S NOT TOMMY WON'T BE MAKING IT, IT LOOKS LIKE. OKAY. 7 1 2 3 4, 5, 6, 7 8. THAT LEAVES US WITH NINE. THAT'S FINE. JUST, JUST WANTED TO KNOW BEFORE WE STARTED GOING SOMEWHERE. OKAY. MOVING ON. [2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda.] UH, DISCUSSION OF ITEM TWO. DISCUSSION OF STAFF AND APPLICANT. REQUEST FOR POSTPONEMENT WITHDRAWAL OF PUBLIC HEARING CASES POSTED ON THE AGENDA. THERE ARE NO WITHDRAWALS OR POSTPONEMENTS. NEW VARIANCE. [3. C15-2023-0039 James McCloskey 12501 Ondara Drive] [00:05:01] CASE ITEM THREE C 15 20 23 0 0 3 9. JAMES MCCLOSKEY 1, 2, 5 0 1 ON DARA DRIVE. COME UP TO THE PODIUM, YOU'LL STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES ONCE WE GET YOUR PRESENTATION PULLED UP. OKAY. JAMES MCCLOSKEY. UH, NEXT SLIDE PLEASE. UH, FIRSTLY, THANK YOU EVERYONE. I APPRECIATE YOUR TIME. UM, THE REQUEST FOR THE VARIANCE IS SO WE CAN BUILD A SMALL SWIMMING POOL. THE POOL WILL REQUIRE ADDITIONAL IMPERVIOUS COVER OF UP TO 225 SQUARE FEET. SO THAT'S A LITTLE LESS THAN 2% INCREASE OF IMPERIOUS COVER. UH, YOU CAN SEE FROM THE RENDERING DOWN THE BOTTOM THERE, IT'S A REALLY SIMPLE POOL, NO DECKING, JUST COPING, UH, TO TRY AND MINIMIZE THE FOOTPRINT OF THE POOL. YOU CAN SEE ON THE RIGHT HAND SIDE, THAT'S THE EASEMENT. THAT'S THE CITY OF AUSTIN CEMENT EASEMENT THAT IS ON OUR PROPERTY. UH, THAT EASEMENT IS AROUND 1500 SQUARE FEET. SO FOR CONTEXT, 1500 SQUARE FEET ON MY PROPERTY IS ABOUT 35% OF MY IMPERVIOUS COVER ALLOWANCE. SO IT'S A REALLY BIG, UM, IT'S A REALLY BIG, UH, PIECE AGAINST US. NEXT SLIDE, PLEASE. YOU CAN SEE HERE ON THE, ON OUR SURVEY THAT IT ACTUALLY WASN'T COUNTED AGAINST OUR IMPERVIOUS COVER. UM, SO WE ALWAYS ASSUMED WE'D BE ABLE TO GET A POOL. SO IF WE USE THE, YOU KNOW, APPROVED SURVEY NUMBER THERE, UH, WITH THE POOL, WE WOULD BE WELL BELOW THE 40% ALLOWANCE. UM, WHEN WE STARTED TALKING TO THE CITY, THEY THEN HAD SAID, UM, THAT WE DID NEED TO COUNT THIS, UH, EASEMENT AGAINST OUR IMPERVIOUS COVER. NEXT SLIDE, PLEASE. SO BECAUSE OF THAT, THAT TAKES OUR IMPERVIOUS COVER, UM, BASED ON OUR, YOU KNOW, WITH NO ADDITIONS OR IMPROVEMENTS TO 53%. SO WE HAVE NO ALTERNATIVE WITHOUT THIS VARIANCE. UM, OBVIOUSLY POOLS ARE REALLY COMMON. IT'S REASONABLE USE TO EXPECT TO HAVE. AND YOU CAN SEE HERE MOST OF OUR NEIGHBORS, OR MANY OF OUR NEIGHBORS DO HAVE THEM. UH, THE POOL THAT I'VE HIGHLIGHTED GREEN WITH THE BORDER, THEY ALSO BACK UP TO THE DETENTION POND. AND SO THEY HAVE AN EASEMENT, BUT THE EASEMENT IS GRASS. UM, SO IT DIDN'T COUNT AGAINST IMPERVIOUS COVER. AND SO THEY WERE ABLE TO BUILD A POOL AND QUITE, YOU KNOW, QUITE A LARGE ONE. UH, NEXT SLIDE, PLEASE. UM, YOU KNOW, IT'S A UNIQUE HARDSHIP IN THE SENSE OF IT'S A REALLY STRANGE AND PROBLEMATIC, YOU KNOW, LOT CONFIGURATION. BASICALLY IT'S BECAUSE WE HAVE THE EASEMENT BEHIND OUR HOME. THEN WE HAVE AN EASEMENT THAT'S ON OUR PROPERTY AND IT'S CEMENT AND IT'S NOT EXCLUDED FROM THE IMPERVIOUS COVER. UM, SO IT'S REALLY RARE. UM, NEXT SLIDE PLEASE. THIS IS SHOWING, THERE'S TWO OTHER PROPERTIES THAT BACK UP TO THE DETENTION POND. BOTH OF THOSE HAVE EASEMENTS, BUT THEY'RE ALL GRASS. SO AGAIN, NO IMPACT TO, TO THEIR IMPERVIOUS COVER. AND ONE OF THEM HAS A POOL. UH, NEXT SLIDE PLEASE. THIS IS FROM THE POOL BUILDER. UH, HE WAS THE PREVIOUS PRESIDENT OF THE, UH, POOL AND SPAR ASSOCIATION FOR THE AUSTIN CHAPTER. AND HE SAID IN HIS 18 YEARS, HE'S NEVER ENCOUNTERED SOMETHING LIKE THIS, DOESN'T EXPECT IT TO BE DUPLICATED. UM, HE ALSO SAID THAT THE SIZE OF OUR POOL, THE IMPERVIOUS COVER REQUIRED IS ABOUT HALF OF WHAT MOST POOLS WOULD, YOU KNOW, REQUEST. UM, SO JUST HIGHLIGHTING THAT WE'RE TRYING TO DO, YOU KNOW, THE SMALLEST THING WE CAN. NEXT SLIDE PLEASE. UM, CERTAINLY WON'T ALTER THE CHARACTER OF THE AREA. UH, PROPERTY'S FULLY, FULLY FENCED. WE HAVE NO NEIGHBORS ON TWO SIDES 'CAUSE OF THE DETENTION POND. UM, WE HAVE ABOUT 30 NEIGHBORS THAT KNOW WAY MORE ABOUT IMPERVIOUS COVER THAN THEY EVER WANTED TO. AND THEY'VE ALL SIGNED A LETTER OF SUPPORT SAYING THEY'RE HAPPY FOR, YOU KNOW, FOR US TO GET THE INCREASE. EVEN THE CIRCLE C HOMEOWNERS ASSOCIATION, UM, I'VE MET AND DISCUSSED WITH THEM AND THEY WERE ALSO HAPPY FOR US, US TO GET THE INCREASE IN OUR IMPERVIOUS COVER ALLOWANCE GIVEN THE DETENTION POND AND THE CIRCUMSTANCES. NEXT SLIDE, PLEASE. UM, SO THIS IS THE DETENTION POND THAT'S IMMEDIATELY BEHIND THE HOUSE. SO THERE'S NO OTHER, UM, NO OTHER HOMES OR ANYTHING BETWEEN OUR HOUSE, THE ENTIRE AREA, AND BLOCKS AROUND OR SLOPED DOWN TO THIS DETENTION POND. UM, YOU KNOW, MY WIFE IS A PUBLIC SCIENCE TEACHER IN THE AREA. UH, WE'RE ENVIRONMENTALLY RESPONSIBLE, SO WE WANTED TO MAKE SURE THAT THIS WOULDN'T HAVE ANY IMPACT. UM, NEXT SLIDE PLEASE. UM, WE MET WITH VARIOUS CITY TEAMS WHO WERE EMPATHETIC AND ENCOURAGED US, SO THAT'S WHY WE'RE HERE. UM, THE, THE LAND USE REVIEW TEAM SAID THAT THIS WILL NOT CREATE ANY ADVERSE IMPACT. UM, AND WE HAD AN ENVIRONMENTAL ENGINEER ASSESSMENT THAT BASICALLY AGREED SAYING, YOU KNOW, BECAUSE OF THE POOL SO SMALL, BECAUSE OF THE, THE SERIOUS, UM, SLOPE AND GRADIENT, UM, THAT BASICALLY THERE'LL BE NO IMPACT ON, ON THE SURROUNDING AREA. AND SO IT DOESN'T IMPAIR THE PURPOSE OF THE REGULATION. UH, FINAL SLIDE PLEASE. THIS IS JUST KIND OF [00:10:01] SHOWING THAT SAME THING THAT, YOU KNOW, THERE'S A LOT OF SLOPING, SO A SMALL POOL WON'T IMPACT, UM, THE REGULATION. BASICALLY IT GOES FROM NINE 20 OR NINE 18 WHERE THE POOL WOULD BE DOWN TO ABOUT 9 0 6. SO IT'S A PRETTY SEVERE GRADE. UM, AND THE DETENTION POND ARE CONSIDERED, I GUESS, BEST PRACTICE TO DEAL WITH INCREASED IMPERVIOUS COVER. UM, WHICH I THINK IS WHY BOTH TEAMS APPROVED IT. THAT'S ALL HAVE. ALRIGHT, THANK YOU VERY MUCH. THANK YOU. IS THERE ANY OPPOSITION? SEEING NONE. LET'S CLOSE THE PUBLIC HEARING DISCUSSION. VICE CHAIR HAWTHORNE. I IS JUST GONNA MAKE A MOTION FOR APPROVAL. SECOND DISCUSSION OR MEMBER STAN? UM, EXCUSE ME. I JUST WANTED TO ASK, UM, ON ON PAGE 10 OF THE PRESENTATION, YOU REFERENCED AN EMAIL FROM THE LAND USE REVIEW FOLKS. YEAH. THEY SAY THAT THEY'RE, THEY MENTIONED THAT THEY CC'D THE ENVIRONMENTAL REVIEW FOLKS. DID YOU HEAR FROM THEM AS WELL? HE WAS ON PARENTAL LEAVE. GOTCHA. UM, AND SO HE DID DISCUSS IT WITH, UM, HIS BOSS AND SHE THOUGHT THERE WOULD BE NO IMPACT, BUT HE WAS ON PARENTAL LEAVE, SO HE DIDN'T RESPOND A AROUND IT. I'D ALSO TALKED WITH RICARDO, MR. RICARDO. SO WE WERE ABLE TO HAVE LIKE A DIALOGUE. I SHOWED HIM ALL THE PHOTOS, SO I WASN'T ABLE TO GET ANY, UM, ANY OTHER RESPONSE. OKAY. YEAH. BUT I DID TALK TO RESIDENTIAL REVIEW AND THEY WERE VERY ENCOURAGING TO PROCEED. OKAY. GOTCHA. UM, IF I COULD JUST SAY I, I THINK I MIGHT BE IN THE MINORITY HERE BASED ON THE MOTION, BUT I'M NOT REALLY SEEING, UM, I'M NOT REALLY SEEING HOW THIS, HOW THIS DOESN'T DEFEAT THE PURPOSE OF THE REGULATION. I DON'T THINK THAT ACCOUNTING FOR THE DRAINAGE ACTUALLY MAKES UP FOR, UM, TAKING AWAY THE AMOUNT OF WATER THAT WOULD BE DRAINING INTO THE SOIL. UM, SO I WOULD PROBABLY BE VOTING NO AGAINST THIS ONE BOARD MEMBER BOWEN. WELL, I'M, I'M, I'M ALL FOR IT. AFTER LOOKING AT THIS AND LOOKING AT HOW THE CITY HAS GOT, HAS CONCRETED THE EASEMENT GOING BACK TO THEIR DETENTION POND, UM, I WOULD ALSO PROBABLY POINT OUT THAT, UH, UNDER THE DRAINAGE SERVICE FEES THAT YOU'RE PROBABLY PAYING FOR THE CITY'S CONCRETE. I AM. AND THAT COUNTS AGAINST YOURS AND YOU'VE ACTUALLY BEEN PAYING THE BILL YEAH. FOR THAT. YEAH. FOR THOSE THAT ARE NOT AWARE UNDER THE DRAINAGE, UH, SERVICE FEES, ANY CONCRETE OR IMP PREVIOUS COVER, WE AS RESIDENTS HAVE TO PAY THAT FEE. SO, UM, SO I AM, I'M ALL FOR GIVING HIM THE VARIANCE ON IT, EVEN BASED UPON THE SIZE OF THE POOL AND THE FACT THAT THE CITY HAS PUT A CONCRETE STRIP RIGHT ACROSS HIS PROPERTY. SO, UM, AND IN FACT THAT REALLY WITH THE WAY HIS STUFF SLOPES AND EVERYTHING ELSE, EVERYTHING RUNS RIGHT BACK INTO THE, INTO THE, THE DETENTION POND. UM, SO I'M, I'M, I'M ALL FOR GIVING IT, GIVING HIM THE VARIANCE. THANK YOU. BOARD MEMBER VALENTINE. THE ONLY QUESTION THAT I HAVE IS THAT, UM, IT LOOKS LIKE THE CITY MADE SOME OF THE SIMILAR EASEMENTS, NOT CONCRETE, RIGHT? CORRECT. YEAH. SO THEY ACTUALLY HAVE THE GRASS SWALE YEAH. GOING TO THE SAME LOCATION. THEIRS IS JUST A GRASS. UM, BUT FOR SOME REASON YOURS IS CONCRETE. EXACTLY. YEAH. SO EASEMENTS AREN'T COMMON, BUT THOSE ONES ARE GRASS MM-HMM. . SO IF MINE WAS GRASS, I'D HAVE NO PROBLEM. SO THEY HAVE GRASS AND IT DOESN'T COUNT AGAINST THEIR IMPERVIOUS COVER. UM, AND TO YOUR POINT, I DO HAVE TO PAY, I ACTUALLY DECREASED ALL MY BINS THINKING MY, YOU KNOW, TO BE RESPONSIBLE AND MY BILL WENT UP BECAUSE OF THE EASEMENT. UM, SO YEAH, TYPICALLY THEY'RE GRASS SO THEY DON'T COUNT. BUT THIS IS CEMENT FOR WHATEVER REASON AND, AND DOES COUNT AGAINST. OKAY. YEAH. THANK YOU. YEAH. SO BOARD MEMBER HAWTHORNE. SO, UH, MY LOGIC IS IN 25 2, 5 56, A, B, AND D, THERE WAS PROVISION IF YOU WERE PLATTED BEFORE JANUARY 2ND, 1989. AND SOME OF THESE NEWER SUBDIVISIONS DON'T GET TO ENJOY THIS ADMINISTRATIVE PROVISION, BUT IT IS BASICALLY IF YOU'RE SINGLE FAMILY AND YOU'RE NEXT TO OPEN SPACE AND THAT OPEN SPACE DOESN'T CONTAIN A SIGNIFICANT AMOUNT OF IMPERVIOUS COVER, LIKELY TO BE NOT DEVELOPED WITH A SIGNIFICANT AMOUNT OF IMPERVIOUS COVER TWICE THE AREA OF THE ADJACENT LOTS. I MEAN, AND THIS ACTUALLY MEETS ALL OF THE CRITERIA THAT, THAT YOU COULD ADMINISTRATIVELY APPROVED UP TO 55% AND NOT HAVE TO COME TO THE BOARD. AND SO HIS PLA DATE, I THINK IS IN 2012. YEP. BUT HE'S IN THE SAME POSITION. AND SO MY LOGIC IS, IS THAT THE CODE AFFORDED THE OLDER SUBDIVISIONS, WHICH WERE ALLOWED 55% UP UNTIL LIKE [00:15:01] 1984, UM, THAT GAIN. AND I THINK YOU DID A GREAT JOB PUTTING TOGETHER THROUGH YOUR PACKET AND TALKING TO YOUR NEIGHBORS AND YOUR HOMEOWNERS ASSOCIATION, ALL THAT. SO I'M GONNA MAKE A MOTION FOR APPROVAL AND I AM GOING TO START ON, UH, FINDING A FACT IF THAT'S OKAY, SINCE MICHAEL IS HERE NOW THAT, IS THERE ANY OTHER DISCUSSION OR QUESTION? I JUST WANNA CLARIFY. SO, SO THE IDEA IS THAT THE, THE DRAINAGE POOL BEHIND THE LOT IS NOT ALLEVIATING THE SITUATION JUST BECAUSE IT'S ABSORBING THE DRAINAGE, BUT BECAUSE YOUR THOUGHT IS THERE'S SO MUCH OPEN SPACE THERE THAT IT DOESN'T MATTER THAT WE'RE COVERING UP SOME GRASS AND IN THE PLOT, BASED ON THE WAY THE ORDINANCES ARE WRITTEN. I THINK THAT THE 225 SQUARE FEET IS A DE MINIMIS AMOUNT BEING THAT IT'S ALREADY GOING TO DETENTION POND IN THAT AREA, A SLOPE TO RECEIVE THE WATER AND TO FILTER IT ON THE WAY DOWN. YEAH. I JUST, I JUST, I'M NOT SEEING THAT. I MEAN, IF I, IF I HAD A BACKYARD THAT WAS ALL CONCRETE AND HAD A THREE DEGREE SLOPE AND THEN I HAD A LOT NEXT DOOR THAT WAS EMPTY AND WAS A DRAINAGE POOL, HOW WOULD THAT, I I LIVE ON A LOT THAT IS ADJACENT TO THE BARTON CREEK GREENBELT, AND SO I, THERE'S A LOT OF OPEN SPACE BACK THERE. UM, NOT THAT I HAVE THOUGHT ABOUT USING, PUTTING MORE IMPERVIOUS COVER ON MY LOT. 'CAUSE I'M, I'M AN AVID GARDENER. UH, I'M JUST SAYING THIS WOULD BE A PROVISION THAT, BECAUSE MY LOT WAS PLATTED BEFORE 1989, I COULD DO, YOU COULD GO UP TO 55, I COULD GO UP TO 55% ADMINISTRATIVELY. AND I'M IN THE S O S ON AS WELL AS THIS. UH, I MEAN, SO, UM, I THINK THAT THE PACKET WAS WELL PUT TOGETHER AND I THINK THAT HIS LOGIC IS, AND THAT HE'S MADE IT A VERY SMALL REQUEST THAT IT'S REALLY TO THE COPING. UM, NOT, YOU KNOW, THE 15 THOUSANDS, 15,000 GALLON LAP POOL. UM, IT, IT'S, UM, IT'S A DIPPING POOL AND IT WAS JUST 107. AND I DO THINK THAT THAT'S REASONABLE REQUEST THOUGH. YOU KNOW, I HAVE A WHOLE OPINION ON PRIVATE POOLS BECAUSE I JUST GO DOWN TO BARTON SPRINGS MYSELF. UM, BUT, AND THAT'S A WHOLE, LIKE, YOU DON'T WANT TO PUSH THAT BUTTON. IF I COULD JUST, I WILL SAY I JUMP IN REAL QUICK ALSO MAYBE TO HELP YOU SWALLOW IT A THE PILL A LITTLE BIT EASIER. FROM MY PERSPECTIVE, THE REASON I SECOND THIS SO QUICKLY IS BECAUSE THIS ISN'T A CHOICE HE MADE. THE EASEMENT WAS DONE BY THE CITY. RIGHT. SO FOR, FROM MY PERSPECTIVE, THIS IS A TAKING FROM THE CITY. THEY CHOSE TO PAVE THIS ONE EASEMENT OUT OF THE DOZENS OF EASEMENTS AROUND IT. I DON'T THINK IT'S FAIR FOR US TO ASK A HOMEOWNER TO PAY AND CONTINUE PAYING FOR THIS EASEMENT. I THINK I HAVE A PRETTY GOOD HISTORY OF BEING PROBABLY THE STRICTEST MEMBER ON THE BOARD ABOUT IMPERVIOUS COVER. I'M THE FIRST ONE TO BAN, TO RAIN WATER RECAP, WHATEVER I CAN DO TO TRY TO OFFSET ANY IMPERVIOUS COVER INCREASE WE ALLOW. AND THIS IS ONE OF THE RARE TIMES WHERE I ACTUALLY FEEL COMFORTABLE ENOUGH WITH THAT DETENTION POND BEHIND IT THAT I, I FEEL THAT HONESTLY, I WOULD'VE PROBABLY GIVEN HIM MORE IF HE HAD ASKED MORE SO THEY COULD HAVE BUILT A DECK. HMM. INTERESTING. IT IT'S JUST ONE OF THOSE REALLY. YEAH. IT'S ONLY BECAUSE, YEAH, I SEE THE REASONING I DO. I JUST CITY DID THIS. I JUST FEEL LIKE THAT'S, THAT'S PART OF BUYING PROPERTIES IS YOU HAVE EASEMENTS, YOU KNOW, YOU HAVE TO WORK AROUND THEM. LIKE THAT'S, I DON'T YEAH, IF I COULD ADD ON, ON MY SURVEY. I'M SORRY. SORRY. YOU CAN'T. OH, OKAY. SORRY. ONLY QUESTION IT'S QUESTION ANSWER. I'M SORRY. IT'S OKAY. YOUR PACKET WAS REALLY GOOD. I DO AGREE. YOUR PRESENTATION WAS GREAT PACKAGE. I, I APPRECIATE IT. I PUT A LOT OF TIME INTO IT REALLY THOROUGH. AND THEN YOU ADD ON THE HOMEOWNERS ASSOCIATIONS AGREEMENT ALONG WITH 27, UH, LETTERS OF APPROVAL FROM NEIGHBORS AND ESPECIALLY IN A NEIGHBORHOOD LIKE CIRCLE C WHERE THEY'RE REALLY STRICT ABOUT THIS. AND I'M, I'M, THAT'S, THAT'S MY REASONING BEHIND IT AND I TOTALLY UNDERSTAND IF YOU'RE NOT COMFORTABLE WITH IT. OH, UH, BOARD MEMBER VALENTINE. YES. UH, ONE OF THE THINGS THAT IS MAKING IT, UM, EASY FOR ME, BESIDES THE FACT THAT THERE'S THE SO FEW THAT ARE CONCRETE, UM, S SWALES THERE IS THAT, UM, WHEN YOU PUR WHEN HE PURCHASED THE PROPERTY, THE SURVEY INDICATED THAT THE EASEMENT WAS NOT INCLUDED IN HIS IMPERVIOUS COVER. AND, UM, WAS THAT THE SURVEYOR'S MISTAKE? I DON'T KNOW. BUT I DO KNOW THAT WHEN HE PURCHASED THE HOME, HE PURCHASED IT WITH THE UNDERSTANDING THAT HE WOULD HAVE THE IMPERVIOUS COVER AVAILABLE TO, TO BUILD THIS POOL. AND THEN I ALSO AGREE THAT WITH THE DETENTION, UH, POND BEHIND IT, UM, AND THE PURPOSE OF THE CONCRETE SOIL IS TO MOVE THE WATER ALONG, IT'S NOT TO LET IT GO DOWN. UM, THAT, UH, I I WOULD ALSO APPROVE [00:20:02] BOARD MEMBER BLOOM. YEAH, I AGREE THAT THIS, UH, I DON'T BELIEVE THIS IS A SELF-CREATED HARDSHIP. I ALSO, JUST LOOKING AT GOOGLE AERIALS, THERE'S ANOTHER, UM, CONCRETE COVERED EASEMENTS IN THE NEIGHBORHOOD ON VICENZA DRIVE WHERE THE NEIGHBORS, THEY, THEY DO APPEAR TO HAVE A POOL. AGAIN, THIS IS JUST, UM, BASED ON GOOGLE AERIAL. UM, SO IT SEEMS LIKE THERE'S ALREADY, UM, I WOULDN'T SAY A PRECEDENT FOR IT, BUT THERE'S ALREADY A SITUATION WHERE THIS EXISTS WITHIN THE COMMUNITY AND MAY OR MAY NOT BE CREATING A PROBLEM, BUT THERE'S NO INDICATION THAT IT IS CAUSING A PROBLEM. SO, AND IN THIS CASE, BUT THE MORE IMPORTANT THING FOR ME IS THAT I DON'T BELIEVE THIS IS A SELF-CREATED ISSUE FOR, FOR THE HOMEOWNER. AND THEY'RE NOT ASKING FOR FOR MORE THAN THEY WOULD OTHERWISE BE ENTITLED TO. ANY OTHER QUESTIONS? DISCUSSION? I HAVE, UH, BOARD MEMBER BOWEN. I HAVE ONE OTHER QUESTION. AND THIS IS REALLY, I GUESS MAYBE FOR OUR ADULT SUPERVISION DOWN THERE. UM, HEY, HEY, HEY. I WAS ADULTING TODAY. I, I UNDERSTAND. THANK YOU VERY MUCH. UM, IF THIS IS GRANTED, WHICH I'M HOPING THAT IT DOES, THAT HE'S ALLOWED TO USE THE, THE CONCRETE DRIVEWAY AS FOR THE ACCESS IN WHICH TO MINIMIZE ANY OF THE CONSTRUCTION FOR MOVING OF THE EQUIPMENT AND THOSE, THOSE TYPE OF ISSUES, I DON'T KNOW IF THE CITY WILL SAY, YOU'RE NOT ALLOWED TO USE OUR CONCRETE EASEMENT, BUT I WOULD THINK TO MAKE THINGS A WHOLE LOT EASIER TO KEEP FROM DOING ANY MORE DAMAGE TO ANY OF THE PERVIOUS COVER, SINCE IT DOES RUN RIGHT ALONG HIS FENCE. THAT THAT, THAT HE'S ALLOWED TO USE THAT CONCRETE DRIVEWAY FOR PART OF THE CONSTRUCT FOR BEING ABLE TO GET HIS EQUIPMENT AND THOSE TYPE OF THINGS IN. I DON'T KNOW HOW THAT PLAYS INTO THIS, BUT, UM, I JUST WANTED TO BRING THAT OUT AND HOPING THAT MAYBE SOMETHING TO EXPLORE THAT WOULD BE NO, WE CAN'T NO, I'M, I'M JUST, THAT'S WHY I WAS, UH, SO IT'D PROBABLY BE PERMITTING, MAYBE, OR UNSURE SOMETHING TO THINK ABOUT. ACTUALLY. THAT'S, THAT'S SOMETHING I'M JUST, I'M JUST TRYING TO LOOK FORWARD AND GOING. OKAY. I'D HATE TO SEE AFTER HE GOES THROUGH AND GETS HIS PERMITTING, THEY'RE GONNA SAY, OH, AND YOU CANNOT USE THAT DRIVEWAY THAT'S ON HIS LAND. THAT COULD REMEDY, YOU KNOW, JUST, UH, RIGHT ON. TAKE IT OUTSIDE THE BOX HERE. OKAY. LET'S, UH, BOARD MEMBER BLOOM. AND THEN I WAS JUST GONNA SAY REGARDING THAT, SOMETIMES THESE ARE SIGNS THOUGH, WHERE THERE'S NO VEHICLES ALLOWED. I THINK THAT'S TOO DISCOURAGED, LIKE PEOPLE DUMPING THINGS, BUT IT MIGHT NOT BE LEGAL FOR THEM TO USE IT FOR THAT PURPOSE. I DON'T KNOW. IT WOULD BE SOMETHING THEY WOULD HAVE TO LOOK INTO. THANK YOU. LET'S GO AHEAD AND, UH, CALL THE FINDINGS PLEASE. ZONING REGULATIONS APPLICABLE PROPERTY DO NOT ALLOW FOR REASONABLE USE AS THERE IS A CONCRETE EASEMENT THAT'S LOCATED ON THE PROPERTY THAT, WELL, THERE'S AN EASEMENT LOCATED ON THE PROPERTY THAT IS, UH, CONCRETED AS OPPOSED TO OTHER EASEMENTS IN THE ADJACENT PROPERTIES. AND IN THE ORIGINAL PERMIT REVIEW IN 2017, THAT CONCRETE WAS NOT COUNTED TOWARDS THE IMPERVIOUS COVER, UM, LIMITATIONS OF THE LOT. UM, 25 2, 5 56, A, B, AND D ALLOW FOR AN ALLEVIATION OF IMPERVIOUS COVER FOR LOTS SF TWO AND SSF THREE LOTS THAT ARE ADJACENT TO OPEN SPACE THAT ARE, ARE NOT, UM, HIGHLY DEVELOPED. AND SO THE LOGIC OF, SORRY, I AM TOO MANY SCREENS. THE LOGIC THAT I'M USING IS, IS THAT, UM, SHOULD THIS BEEN A, A INNER CITY SUBDIVISION, THAT THIS WOULD'VE BEEN AN, AN ADMINISTRATIVE REMEDY AND WOULD NOT HAVE BEEN REQUIRED TO COME TO THE BOARD OF ADJUSTMENT AND HAD IT ORIGINALLY BEEN COUNTED IT, WHAT HE WOULD'VE, HE WOULD'VE KNOWN AT THAT TIME A PURCHASE. THE HARDSHIP FOR WHICH THE VARIS IS REQUESTED IS UNIQUE TO THE PROPERTY AS THE EASEMENTS IN, IN THE ADJACENT AREA ARE NOT CONCRETED SOLELY THIS ONE. AND AS [00:25:01] THIS GOES BACK TO A DE DETENTION POND, IT MAKES THE REQUEST A MINIMUS. THE HARDSHIP IS NOT GENERAL, THE AREA IN WHICH THE PROPERTY IS LOCATED AS, AGAIN, THE EASEMENT IS CONCRETED AND THE OTHER ONES ARE NOT. AND IT, IT MAKES FOR AN ODD CONFIGURATION. HE'S ALSO ON A CUL-DE-SAC, WHICH ALSO MAKES FOR AN ODD CONFIGURATION AS HE'S GOT A BITE, UH, YOU KNOW, A CIRCULAR BITE OUT OF THE FRONT OF HIS LOT. WHERE UPON OTHER LOTS IN THE AREA HAVE A STANDARD RECTANGULAR SHAPE. THE VARIANCE WILL NOT ALTER THE AREA. THE CHARACTER ADJACENT TO THE PROPERTY WILL NOT IMPAIR THE USE OF ADJACENT CONFORMING PROPERTIES AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT. AS THE IMPROVEMENTS WILL BE PLACED BEHIND HIS LOT, THEY WILL DRAIN TO THE DETENTION POND. HE HAS APPROVAL FROM THE HOMEOWNER'S ASSOCIATION AND, AND QUITE A FEW OF THE MAJORITY OF THE NEIGHBORS, UM, AND IS OF A MODERATE SIZE. UH, AND I FEEL THAT THE REQUEST IS DE MINIMIS. THE END AGAIN, THIS IS A MOTION TO APPROVE MADE BY VICE CHAIR HOFF LAUREN, SECONDED BY CHUCK COHEN. I'M GONNA CALL THE VOTE. JESSICA COHEN. YES. MELISSA HAWTHORN. YES. YOUNG J KIM? YES. BRIAN PETITE. YES. MARGARET CHAIR. YES. JEFFREY BOWEN. YES. JANELLE VAN ZANT. YES. KELLY BLOOM? YES. SUZANNE VALENTINE? YES. OKAY. CONGRATULATIONS. YOUR VARIANCE HAS BEEN GRANTED. GREAT. THANK YOU VERY MUCH. THANK, THANK YOU FOR THE VERY GOOD PACKET. THANK YOU. IT, IT WAS EASY TO, TO DO. AND, UH, NOW WE ALL KNOW ABOUT 25 2 5 56. THANK YOU VERY MUCH. OKAY. SLEEP BIRD CODE. BEFORE WE STEP INTO [4. C15-2023-0026 Perry Hunt for Bilal Khan 15 Margranita Crescent] OUR NEXT AGENDA ITEM FOR THE NEW BOARD MEMBERS, UH, LITTLE BIT OF INFORMATION. THIS IS A RECONSIDERATION CASE. RECONSIDERATION CASE IS A CASE THE BOARD HAS HEARD PREVIOUSLY WHERE THE APPLICANT HAS COME AGAIN TO ASK US TO RECONSIDER. THE VOTE TO RECONSIDER IS SIX. UH, THAT, THAT'S JUST A VOTE. IT'S IN OUR RULES AND PROCEDURES. SIMPLE MAJORITY, SIMPLE MAJORITY. SO FOR TONIGHT, THAT MEANS IF THERE ARE THREE NO'S, THE RECONSIDERATION IS NOT GRANTED AND WE WON'T HEAR THE KEYS. SO THE FIRST VOTE IS SIMPLY WHETHER OR NOT WE'RE GOING TO RECONSIDER THE KEYS. IF THE ANSWER IS YES, IF WE GET ENOUGH VOTES, THEN WE WILL HEAR THE CASE, THE CONTENTS OF THE CASE, THE CONTENT OF THE CASE. BUT THE INITIAL VOTE IS NOT ON THE MERITS OF THE CASE. IT IS SOLELY ON WHETHER OR NOT WE FEEL THERE'S ENOUGH NEW INFORMATION FOR RECONSIDERATION. OKAY. SO YES MEANS WE WILL, WELL, IT DEPENDS ON THE MOTION. SO FIRST, SOMEONE WILL HAVE TO MAKE A MOTION TO RECONSIDER. SOMEONE WILL HAVE TO SECOND JUST LIKE NORMAL AND THEN WE TAKE A VOTE ON IT. OKAY. SO THIS WILL BE FOR C 15 20 23 0 0 2 6. PERRY HUNT FOR BILAL. K 15 MARGARITA CRESCENT. THIS IS A RECONSIDERATION CASE, SO I WOULD NEED A MOTION TO RECONSIDER. SO CAN YOU ALSO IDENTIFY THE, THE, SO THERE ARE TWO WAYS. SO YOU EITHER HAVE TO PROVIDE ADDITIONAL INFORMATION OR PROVE THAT THE BOARD AIRED. WHAT PAGES IN THE 87 PAGES OF BACKUP ARE THOSE ITEMS ON? ELAINE, PLEASE. IT SHOULD BE AT THE BEGINNING OF THE CASE. THAT'S HOW WE DO IT. WE ADD ON. YEAH, I'M JUST, SO IT'S JUST FOUR THROUGH SEVEN OR IF IS THE FOLLOWING, OR IS THE FOLLOWING CORRESPONDENCE WITH, WITH, I'M JUST TRYING TO FIGURE OUT IF ALL OF THIS COR CORRESPONDENCE, UM, FOLLOWING THE LETTER WITH THE EXHIBIT IS ALSO TO PAGE 24. YES. OR IS THAT STRICTLY IT'S FOUR THROUGH NINE. FOUR THROUGH NINE. YES. OKAY. SO THERE'S A LOT FROM NINE THROUGH 24. [00:30:10] OKAY. JUST BECAUSE I PERSONALLY FEEL EVERYONE DESERVES A FAIR SHAKE BEFORE THE BOARD OF ADJUSTMENT. I'M GOING TO MAKE A MOTION TO APPROVE, EVEN THOUGH I THE RECONSIDERATION, EVEN THOUGH I DON'T THINK THERE'S GOING TO BE A SECOND. I'M GOING TO JUST OPEN IT UP THERE SECOND. OKAY. I'M SORRY. I DON'T THINK THERE'S GONNA BE ANY NEW INFORMATION THAT'S GONNA CHANGE MY, UM, I DON'T EITHER. WHILE I, I APPRECIATE YOUR BIG HEART. UM, I KNOW, I, I, I GOTTA SAY THERE'S MORE THAN ONE WAY TO FIX THIS. I DO UNDERSTAND THAT THERE'S PROBABLY ONLY ONE WAY THAT'LL MAKE SOMEBODY HAPPY. I DO THINK THERE'S MORE THAN ONE WAY TO FIX IT. I, I UNDERSTAND. BUT, UH, THE MOTION'S ON THE FLOOR. SO ANY QUESTIONS, DISCUSSION ABOUT IT PERSONALLY? I'M GOING TO BE VOTING. NO, I VOTED NO THE FIRST TIME. I'M NOT CHANGING IT. I THINK THIS IS A SELF-CREATED HARDSHIP AND, UH, I DON'T THINK THAT'S GOING TO CHANGE. I AGREE. ANYBODY VIRTUALLY COMMENT, DISCUSSION? OKAY. LET'S CALL THE VOTE. THIS IS A MOTION TO APPROVE MADE BY CHAIR COHEN. SECONDED BY BOARD MEMBER VALENTINE. MADAM CHAIR, IT'S NOT A MOTION TO APPROVE. IT'S A MOTION TO, A MOTION TO RECONSIDER. THANK YOU. SORRY. YOU'RE RIGHT. MOTION TO RECONSIDER. OKAY. JESSICA COHEN? NO, MELISSA HAWTHORNE. SO YOU MADE A MOTION AND THEN VOTED AGAINST YOUR MOTION? I OWN MOTION, YES. I'M TRYING TO BE FAIR. I JUST WANTED TO MAKE SURE THAT I UNDER UNDERSTOOD. I'M TRYING TO FAIR, UNDERSTOOD YOUR BIG HEART ALL THE WAY THROUGH. YOU DESERVE A SHOT. MAYBE THE REST OF THE BOARD DOESN'T AGREE WITH ME. ALL RIGHT. I I'M A NO VICE CHAIR HAWTHORNE VOTE? NO. NO. OKAY. YOU'RE A NO. OKAY. YOUNG G KIM? UM, I JUST WANTED TO MAKE A COMMENT BEFORE I VOTED. UM, SURE. AND THE NEW INFORMATION THAT WAS SUBMITTED, I FEEL LIKE, UH, THE OWNER REALLY HUNG ONTO THE ONE POSSIBLE PROPOSED SOLUTION FROM LAST TIME. AND I THINK AS BOARD MEMBER HAWTHORNE HAD MENTIONED, I THINK THERE'S MULTIPLE WAYS TO APPROACH THIS. AND I WOULD REALLY LIKE MORE THOUGHT INTO HOW TO, YOU KNOW, APPROACHING THIS, HOW TO RESOLVE THE PROBLEM. AND I FEEL LIKE I HAVEN'T SEEN THAT IN A NEW PACKET. AND UNFORTUNATELY MY ANSWER WILL SAY NO BOARD MEMBER. PETIT BY PETIT? NO. MAGGIE ANI? NO. JEFFREY BOWEN? UH, NO. JANELLE VINCENT? NO. KELLY BLOOM? NO. AND SUZANNE VALENTINE? NO. OKAY. THE CASE WILL NOT BE RECONSIDERED. MOVING ON. DISCUSSION [5. Discussion of the September 11, 2023 BOA activity report ] ITEMS, DISCUSSION OF THE SEPTEMBER 11TH, 2023 B O A ACTIVITY REPORT. COMMENTS. YAY. IT'S BEAUTIFUL. THIS REPORT IS VERY BEAUTIFUL. I I I HAVE A COMMENT. I AM HAPPY AND PROUD, HONORED TO ANNOUNCE THAT STARTING NEXT MONTH WE WILL BE INCLUDING NEW CASES WITH, WITH THE APPLICANTS WHO HAVE QUALIFIED FOR THE BOARD OF ADJUSTMENT APPLICANT ASSISTANCE PROGRAM. SO THIS WILL BE PART OF ALL MONTHLY REPORTS GOING ON. WE WILL HAVE OUR FIRST CASE, UH, WITH AN APPLICANT NEXT MONTH. DON'T KNOW WHO WE'RE NOT SUPPOSED TO BE TOLD SO IT STAYS FAIR. BUT I'M JUST REALLY EXCITED THAT WE'RE GETTING TO USE THIS PROGRAM 'CAUSE WE WORKED REALLY HARD ON IT. I THINK IT'S PRETTY AWESOME. YEAH, I'M KIND OF JAZZED ABOUT IT AND ONLY TOOK TWO YEARS. AT LEAST TWO YEARS. I KNOW. OKAY. ANY OTHER QUESTIONS? COMMENTS? OKAY. [6. Discussion regarding future training for board members] ITEM SIX. DISCUSSION REGARDING FUTURE TRAINING FOR BOARD MEMBERS. ELAINE, I WAS ABLE TO SECURE THE ONE AND ONLY DATE THEY HAVE FOR BOARDS AND COMMISSIONS, WHICH IS THE DAY OF OUR ACTUAL BOARD MEETING. NOVEMBER 13TH. UM, I WAS ACTUALLY ABLE TO SECURE THE ROOM FROM ONE TO FOUR [00:35:01] 30. OKAY. SO IT'LL BE HYBRID, VIRTUAL IN PERSON, FOR ANYBODY THAT'S ABLE TO MAKE SENSE. OKAY. SO FOR EVERYONE, WHAT THIS IS, THIS IS JUST A, UH, COUPLE OF PRESENTATIONS BY STAFF. WE LEARN A LITTLE BIT ABOUT LIKE, UH, UH, LA ZONING WATERFRONT, DIFFERENT TYPES OF, UH, MAYBE IMPERVIOUS COVER HEARINGS. WE MIGHT HEAR JUST KIND OF A VERY GENERAL OVERALL BRIEFING OF THE BOARD OF ADJUSTMENT, OUR DUTIES AND THE TYPE OF CASES WE MIGHT SEE. TEAM BUILDING. TEAM BUILDING. YES. AND IF YOU COME IN, THERE WILL EVEN BE SOME FOOD THAT I WILL BE PROVIDING. 'CAUSE I'M A NICE PERSON AND I REALLY WANT YOU TO COME IN TEAM BUILDING, GET TO KNOW YOUR FELLOW BOARD MEMBERS, ASK QUESTIONS. 'CAUSE THIS IS LIKE THE PERFECT TIME FOR Y'ALL TO ASK QUESTIONS THAT WE CAN'T ASK DURING THE MEETING BECAUSE WE CAN'T DISCUSS ANYTHING DURING THE MEETING THAT'S NOT ON THE AGENDA DURING TRAINING. IT'S A LITTLE MORE OPEN, YOU KNOW, IT HAS TO BE B O A RELATED, BUT IT'S STILL TRAINING GREAT TIME TO GET QUESTIONS ANSWERED. YOU KNOW, HARDSHIP. ALL THE LITTLE NUANCES OF THIS IS SUPER MAJORITY. THIS IS MAJORITY THIS SPECIAL EXCEPTION THING IS RECONSIDERATION RECONSIDERATIONS. EXACTLY. YOU KNOW, WHAT YOU'RE LOOKING AT AS FAR AS THE CONTENT OF THE CONSIDERATION. 'CAUSE THERE'S QUITE A LENGTHY EMAIL CHAIN AFTER THE LETTER THAT IT'S NOT REALLY, UM, IS, YOU KNOW, TRYING TO KEEP YOUR VIEW JUST ON THE NEW MATERIAL AS OPPOSED TO THAT'S WHY I ASKED THE QUESTION. 'CAUSE THERE WAS, YEAH, IT'S THESE LITTLE THINGS, BUT THIS IS A GREAT OPPORTUNITY TO LEARN THAT ALSO. IT WOULD BE BE THE FIRST IN PERSON TRAINING SINCE THE PANDEMIC. SO ALSO SUPER EXCITED. 'CAUSE PEOPLE AGAIN, SO IT'S, IT'S INTERESTING AND IT PROBABLY THE MOST INTERESTING USUALLY TO ME IS, UH, THE LA ZONING AND THE INTENT OF THE LA ZONING AND THEN THE BOAT DOCK ONE AND THEN, UH, LAND CAPTURE. UH, AND THE EXPLANATION ABOUT LANE CAPTURE IS, IS INTERESTING. UM, LA ZONING CASES ARE HARD FOR ME AND IF THEY'RE HARD FOR ME, UM, I MEAN, ESPECIALLY NOW THAT WE DON'T HAVE AN LA ZONING LIKE EXPERT ON THE BOARD. SO, WELL, WE, WE DON'T HAVE A CIVIL ENGINEER. WE DON'T. OR A RESIDENTIAL ARCHITECT OR, BUT WE DO HAVE A RESIDENTIAL ARCHITECT. WE DO. I THINK WE HAVE TWO. WHAT? NO, WE DON'T. WE HAVE ONE. NO, WE'RE NOT AN ARCHITECT. NO. WAIT. DISTRICT FOUR REPRESENTING. THAT'S THE ONLY THING. WE DON'T PRACTICE OUR FIRM. YOU DON'T PRACTICE. OH, OKAY. ALL RIGHT. YEAH. THERE YOU WITH ANYBODY, MAN. ALL RIGHT. I, I TRIED TO, YOU KNOW, SUNNY SIDE UP, BUT DON'T WE HAVE A VACANCY STILL? YES. WE, WE HAVE ONE VACANCY. D TWO DISTRICT TWO. SO I CAN ONLY COUNCIL MEMBER DOES. WE'RE COUNTING ON YOU MAN. WE NEED RESIDENTIAL CIVIL ENGINEER. ALRIGHT, UH, ITEM [7. Discussion and possible action regarding bylaws changes, rules of procedure changes, and resolutions regarding board terms, vacancies, and use of alternates] SEVEN, NO UPDATE ON THIS. WE'RE INTO SOME LEGAL COMPLICATIONS BECAUSE THERE ARE STATE REQUIREMENTS THAT KIND OF CONFLICT WITH THE USE OF ALTERNATES, UH, THE MUNICIPAL LEVEL. SO I'M TRYING TO WORK THROUGH THAT AND I'LL GET BACK TO YOU ON THAT NEXT MEETING. [8. Discussion and possible action for adopting meeting dates for Jan. 2024-Dec. 2024] UH, OKAY. ITEM EIGHT, UH, MEETING DATES. SO EVERY YEAR FOR THE NEW MEMBERS, WE HAVE TO CHOOSE OUR MEETING DATES FOR THE NEXT YEAR AND PRESENT THEM TO THE CLERK SO THEY CAN RESERVE THE ROOM AND DO ALL THAT AWESOME STUFF. UH, THE LINK IN YOUR BACKUP SHOWS ALL THE DATES THAT ARE CURRENTLY BEING SUGGESTED. UM, DOES ANYBODY HAVE AN ISSUE WITH ANY OF THESE DATES OR WOULD YOU LIKE US TO CONSIDER MOVING A DANGER? UM, IS VETERANS DAY A CITY HOLIDAY? YES, IT IS. IF IT'S A CITY HOLIDAY, I WOULD SUGGEST THAT WE CONSIDER MOVING THAT THE MAY 13TH MEETING. YEAH. YEAH, THAT'S A GOOD POINT. 'CAUSE WE'RE NOT THAT, THAT LAST, UH, WHAT WAS IT LAST SEPTEMBER VETERAN'S DAY? WE HAVE, WE HAVE NOVEMBER 18TH SINCE IT CAN'T BE ON NOVEMBER 11TH. 'CAUSE NOVEMBER 11TH IS MONDAY. OH, IT MAY, IT MOVED. IT MOVED OVER THERE. OH YEAH. I JUST, IT SHIPPED IT UNDERNEATH. I WASN'T OKAY, I SEE WHAT YOU SAID. I WASN'T FOLLOWING. UM, CAN YOU LOOK AND SEE WHEN, WHEN THANKSGIVING IS, SO IT'S THE WEEK AFTER. IT'S THE WEEK AFTER. SO WE'RE NOT LIKE MAKING A PROBLEM TO MAKE ANOTHER PROBLEM. NO, WE'VE ALREADY, I JUST WANTED TO MAKE SURE THAT WE AREN'T, 'CAUSE THAT IS THANKSGIVING IS THE TRIFECTA AND, AND WE CANNOT BE IN THE WAY OF THE TRIFECTA. ARE ARE THERE ANY OTHER DAYS AVAILABLE IN MAY? I, I FEEL BAD SKIPPING A WHOLE MONTH. IT'S NOVEMBER. YOU HAVE TO LOOK OVER BECAUSE IT DIDN'T, [00:40:01] THE COLUMNS DIDN'T DO IT. JUSTICE VETERAN'S DAY IS IN NOVEMBER WHEN YOU OPEN IT. I KNEW THAT. I KNOW. AND THEN ALWAYS, ALWAYS KEEP IN MIND THAT DURING BUDGET WE CAN BE MOVED PRETTY. OH YEAH. RIGHT, RIGHT. SO THAT WAS THE ONLY ONE THAT I HAD ISSUE WITH. YEAH. THE, IT SHOULDN'T BE AN ISSUE. THANKSGIVING'S ON NOVEMBER 28TH. SO WE, WE MADE SURE TO LOOK INTO THAT BEFORE THE TRIFECTA LIVES ON. THAT'D BE, UH, THANKSGIVING, MY BIRTHDAY AND MY WEDDING ANNIVERSARY. YOU HAVE A PROBLEM WITH THAT. ALL HAPPEN IN THAT DO THE THIRD MONDAY THAT MONTH. DON'T MESS IT UP. VIRTUAL MEMBERS. YELLOW. Y'ALL OKAY WITH THE 18TH? I AM. OKAY. KELLY, YOU'LL PROBABLY BE HERE. KELLY'S ALWAYS HERE. SHE'S MY BRONX. LET'S DO THE 18TH FOR THAT ONE THEN. ELAINE, PLEASE. ON MARCH 11TH, UH, VICE CHAIR. I'M GONNA HAVE TO HAVE YOU PROBABLY CHAIR. WELL THEN THINK WE SHOULD MOVE MARCH 11TH. . IF THERE'S AN OPTION, IT'LL DEPEND ON THE CASELOAD. SOUTH BY IS TALKING ABOUT DOING, UH, MONDAY THIS YEAR. SO THAT WOULD BE MONEY FIRST. SORRY. THAT WOULD BE EITHER THAT OR KELLY. LOOK OUT . MICHAEL'S THE NEXT MOST EXPERIENCED MEMBER. YEAH, IT COULD BE MICHAEL. IT COULD BE MICHAEL OR KELLY. OR KELLY. MM-HMM. . OKAY. SO THAT'S DATES. UH, DO WE HAVE TO, WE JUST APPROVE THIS. WE DON'T NEED A MOTION FOR THIS, RIGHT? ELAINE? WE DON'T NEED A MOTION FOR THIS. WE JUST APPROVE IT. RIGHT? MOTION TO APPROVE. WAIT, DO WE, DO WE HAVE TO CLARIFY THAT? WE WANT THAT NOVEMBER 18TH, NOT NOVEMBER 11TH. SO, YES. THEN MOTION TO APPROVE MADE BY VICE CHAIR HOFFLER AND SECOND BY MYSELF WITH THE NOVEMBER 18TH DATE. WITH THE NOVEMBER 18TH INSTEAD OF THE NOVEMBER DAY BECAUSE IT'S VETERAN'S DAY. AND, AND I THINK WE CAN DO THIS ONE BY A VOTE OF AFFIRMATION. SO IS THERE ANY OPPOSITION? OKAY. APPROVED. ALL RIGHT. SIX 12. SIX 12. OH, WE GOT THREE MINUTES. NOBODY TALK. ALRIGHT. [9. Discussion of future agenda items, staff requests and potential special called meeting and/or workshop requests] UH, FUTURE AGENDA ITEMS, POTENTIAL SPECIAL CALL MEETINGS, WORKSHOP REQUESTS. GOING ONCE, GOING TWICE. IT IS 6:13 PM I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT ADJOURNED. THANK YOU. SHE MADE IT BY SIX 15 AND MADE IT LOOK. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.