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[CALL TO ORDER]

[00:00:04]

CALL THE BUILDING AND STANDARDS COMMISSION MEETING TO ORDER FOR JANUARY 24TH, 2024.

UH, LET THE RECORD REFLECT THAT THE TIME IS NOW 6:40 PM MY NAME IS SHADY AND I'M THE CHAIR OF THE BUILDING AND STANDARDS COMMISSION.

AT THIS TIME, I'LL CALL, ROLL AND ASK FOR THE COMMISSION MEMBERS WHO ARE PRESENT TONIGHT TO, TO PLEASE SIGNIFY THAT YOU'RE HERE.

AND A QUICK REMINDER TO OUR COMMISSIONERS THAT ARE REMOTING IN.

PLEASE MAKE SURE TO TURN YOUR CAMERA ON AND KEEP IT ON AT ALL TIMES SO THAT WE CAN MAINTAIN QUORUM.

AND ALSO, UH, PLEASE REMEMBER TO SEND IN YOUR SIGN IN SHEET IF YOU HAVEN'T ALREADY DONE SO.

UM, IF YOU PREFER, YOU CAN CERTAINLY EMAIL MS. ALI JUST TO CONFIRM THAT YOU ARE ATTENDING TONIGHT'S MEETING.

OKAY.

SO BEFORE THE CASES ARE CALLED,

[PUBLIC COMMUNICATION: GENERAL ]

THE COMMISSION WILL, UM, ENTERTAIN PUBLIC COMMUNICATION ON ITEMS THAT ARE NOT ON TONIGHT'S AGENDA.

EACH SPEAKER WILL BE ALL ALLOTTED THREE MINUTES OR SIX MINUTES FOR THOSE PEOPLE THAT ARE REQUIRING INTERPRETATION SERVICES.

TONIGHT, THE COMMISSION WILL CONDUCT A HEARING FOR FIVE CASES ON THE POSTED AGENDA.

THE COMMISSION WILL CONSIDER THREE CASES FROM THREE PROPERTIES, AS WELL AS TWO APPEALS.

THE CASES WILL BE CONSIDERED IN THE ORDER IN WHICH THEY APPEAR ON THE AGENDA.

HOWEVER, THE COMMISSION MAY TAKE A CASE OUT OF ORDER IF IT'S APPROPRIATE.

ALL ATTENDEES AT THIS HEARING ARE REQUIRED TO OBSERVE APPROPRIATE DECORUM AND CIVILITY SO AS NOT TO IMPAIR THE COMMISSION'S ABILITY TO CONDUCT BUSINESS CODE REVIEW.

ANALYST MELANIE ALI WILL CALL EACH CASE ON THE AGENDA, FOLLOWED BY TESTIMONY DEVELOPMENT SERVICES DEPARTMENT.

STAFF WILL ALSO BE AVAILABLE TO AN, TO ANSWER ANY QUESTIONS WHEN YOUR CASE IS CALLED, THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT NEAR THE PODIUM, OR IF YOU'RE PARTICIPATING REMOTELY, PLEASE REMEMBER TO UNMUTE YOUR PHONE OR YOUR MIC.

THANK YOU.

OKAY.

THANKS.

WHEN, WHEN YOUR CASE IS CALLED, THE REPRESENTATIVE OF THE PROPERTY MUST COME FORWARD AND TAKE A SEAT NEAR THE PODIUM.

AND IF YOU'RE PARTICIPATING REMOTELY, PLEASE DO UNMUTE YOUR MIC OR YOUR PHONE.

THE CITY WILL PRESENT ITS EVIDENCE FIRST AND ITS WITNESSES.

YOU OR YOUR REPRESENTATIVE MAY THEN ASK THE WITNESSES ANY QUESTIONS ABOUT THEIR TESTIMONY.

AFTER THE CITY HAS PRESENTED ITS EVIDENCE AND WITNESSES, YOU'LL HAVE AN OPPORTUNITY TO PRESENT YOUR OWN WITNESSES AND EVIDENCE.

YOU'LL HAVE A TOTAL OF FIVE MINUTES TO PRESENT YOUR CASE.

WHEN THE TIMER INDICATES THAT YOUR TIME IS UP, YOU MUST FINISH YOUR SENTENCE AND CONCLUDE YOUR PRESENTATION.

WE'LL, OUR DESIGNATED TIMEKEEPER FOR TONIGHT, PLEASE INTRODUCE YOURSELF, JAMES CANEZ FOR DEVELOPMENT SERVICES.

THANK YOU.

AFTER YOU AND THE CITY HAVE PRESENTED EVIDENCE AND WITNESSES, THE COMMISSION MAY THEN ASK QUESTIONS OF EITHER SIDE.

AFTER THE COMMISSION MEMBERS ASK QUESTIONS, I WILL ALLOW OTHER INTERESTED PERSONS WHO ARE PRESENT TO PRE TO OFFER RELEVANT TESTIMONY ABOUT THE CASE.

BOTH SIDES AND THE COMMISSION MAY THEN ASK QUESTIONS OF ANY ADDITIONAL WITNESSES, AFTER WHICH THE OWNER OR THE APPELLANT MAY SUMMARIZE THIS OR CASE.

UM, AFTER ALL THE EVIDENCE AND TESTIMONY IS CONCLUDED, THE COMMISSION WILL DISCUSS THE CASE AND VOTE ON A DECISION.

THE COMMISSION'S DECISION WILL BE ANNOUNCED TONIGHT, AND A COPY OF THE DECISION WILL BE MAILED TO YOU.

A DECISION OF THE COMMISSION IS FINAL AND BINDING UNLESS APPEALED TO DISTRICT COURT WITHIN 30 DAYS AS PROVIDED IN THE TEXAS LOCAL GOVERNMENT CODE.

IF YOU HAVE QUESTIONS ABOUT TONIGHT'S PROCEDURE, PLEASE ASK YOUR QUESTIONS WHEN YOUR CASE IS CALLED.

UM, AND I ALSO WANTED TO GO BACK TO THE, UH, COMMISSIONERS.

I WOULD LIKE TO CALL ROLL TO SEE WHO'S HERE.

AND, UM, FOR THE COMMISSIONERS REMOTING IN, UM, AS I SAID, PLEASE REMEMBER TO SEND IN THE SIGN IN SHEET OR IF YOU PREFER, YOU CAN EMAIL SPECIFICALLY SAYING, I WILL BE ATTENDING THE MEETING VIRTUALLY AND HAVE NO CONFLICT OF INTEREST RELATED TO ANY ITEM ON THE AGENDA.

PLEASE USE THOSE SAME WORDS.

THANK YOU.

ALL RIGHT.

UM, SO GOING DOWN THE LIST.

COMMISSIONER TOAD, UH, HERE.

THANK YOU.

COMMISSIONER BENIGNO IS ABSENT.

COMMISSIONER SELIG HERE.

THANK YOU.

COMMISSIONER FRANCIS.

HERE.

COMMISSIONER, UH, LUIS OLUGO.

HE, HE'S GOING TO BE HERE, BUT HE'S RUNNING LATE.

AM I RIGHT? YES.

THANK YOU.

COMMISSIONER SUGAR

[00:05:01]

HERE.

COMMISSIONER CAMPBELL HERE.

THANK YOU.

AND WE ALSO HAVE FIRE MARSHAL STEVEN TRUDEL HERE.

THANK YOU.

ALL RIGHT.

UM, I'M GOING TO GO AHEAD AND, UM, HAVE WITNESSES WHO IS TESTIFYING TONIGHT TO TAKE AN OATH.

ANY PERSON THAT WANTS TO PRESENT TESTIMONY BEFORE THE COMMISSION, IN ANY CASE, INCLUDING THOSE REMOTING IN, PLEASE STAND UP AND RAISE YOUR RIGHT HAND SO THAT YOU MAY BE SWORN IN.

THANK YOU.

DO EACH OF YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL PROVIDE THIS EVENING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? IF SO, PLEASE SIGNIFY BY SAYING I DO.

I DO.

THANK YOU.

IF THERE'S NOTHING ELSE, WE'LL PROCEED TO CONSIDER THE AGENDA ITEMS THAT ARE BEFORE THE COMMISSION THIS EVENING AND OH, THE MINUTES.

OH, OKAY.

ALL RIGHT.

WE HAVE SOME PUBLIC COMMUNICATION.

DO WE HAVE MR. JANA CARAN ONLINE? YES.

UH, RAJ.

THAT'S HIS FIRST NAME? YES, HE IS ONLINE.

HE JUST NEEDS TO UNMUTE HIMSELF.

UH, OKAY.

MR. JAN RAJA, IF YOU COULD PLEASE PRESS STAR SIX TO UNMUTE YOURSELF.

THANK YOU.

AND DO WE ALSO HAVE, UH, BARRAJ, JAN RAAN? THEY'RE BROTHERS, RAJ.

AND, UH, WE HAVE NOW RAJ, I'M HERE TOO.

.

HELLO, MR. JENNA RAJA.

UM, IS IT TWO OF YOU ON THE SAME LINE, OR JUST OH, I SEE BOTH OF YOU NOW.

OKAY.

I'M HERE.

ALL RIGHT, THANK YOU.

YEAH, WE ARE ON DIFFERENT LINE.

OKAY.

SO YOU MAY PRESENT WHAT YOUR REQUEST IS TO THE COMMISSION TONIGHT.

CAN YOU HEAR ME? OH, UH, ROGER, ARE YOU GONNA GO? OKAY.

CAN YOU REPEAT THAT, PLEASE? UH, OKAY.

YEAH.

UH, RAJ, CAN YOU HEAR ME? UH, YES, WE CAN HEAR YOU, SIR.

UH, START, BAILEY.

OKAY.

START STILL ON MUTE, RIGHT? STAR SIX.

IS IT STAR SIX TO UNMUTE? YES.

STAR SIX TO UNMUTE? YES.

OKAY.

YEAH, WE, WE'LL GET STARTED.

UH, SO, UH, SIR OR MADDEN, RIGHT? SO WE HAVE THREE, UH, CL 20, 21, 0 5, 0 1, 6, 3 C 20, 21, 0 5, 0 3, 9, 3, AND 20, 21, 0 5, 0 1, 8, 0.

SO WE RECENTLY GOT TWO INVOICES FOR AROUND 150 K, RIGHT, WHICH ALMOST GAVE US A HEART ATTACK.

AND WE STILL HAVE SLEEP SLEEPLESS NIGHTS.

AND NOT TO MENTION THAT THIS IS THE FIRST TIME WE ARE SEEING THE INVOICE FOR SALE.

UH, IF YOU HAVE TO PAY ANYTHING BEYOND THE DOLLAR, WE HAVE INVESTED IN THIS BUILDING, WHICH IS IN EVERY DIRECT TRAFFIC NEIGHBORHOOD.

WE'LL NOT BE ABLE TO UPLOAD IT, AND THEN WE HAVE TO SELL THE RENTAL AT A HUGE LOSS.

UH, WE ARE PUTTING IN A REQUEST TO THE AGENDA FOR THE FUTURE.

UH, UH, YOU KNOW, UH, YEARNING FOR PENALTY RELIEF.

UH, WE BOUGHT THIS PORTEX IN, IN JANUARY, 2020 BY PULLING IN MONEY BETWEEN THE TWO OF US BROTHERS TO SAVE FOR OUR FAMILIES RETIREMENT.

WE ARE NOT, UH, BIG REAL ESTATE DEVELOPERS, INVESTORS.

WE ARE NOT LOCAL TO AUSTIN, AND WE RELIED HEAVILY ON, ON REAL ESTATE, UH, PROPERTY MANAGERS.

RIGHT? SO WHEN WE BOUGHT THE PROPERTY IN 2020, WE WANTED TO MAINTAIN AND OWN THIS PROPERTY FOR A LONG TERM.

UH, BUT AS OF TODAY, YOU KNOW, WE HAVE NO PENDING CODE VIOLATIONS, AND WE MANAGED TO HIRE A PROFESSIONAL PROPERTY MANAGER, UH, TO SERVICE THE BUILDING.

RIGHT? UH, SO, YOU KNOW, ALSO INVESTED NOT TO MENTION, YOU KNOW, CLOSE TO ZERO INCOME THAT WE HAD IN 2020 AND 2021.

WE STILL WANT TO HOLD AND MAINTAIN THIS BUILDING FOR A LONG TERM.

RIGHT? SO HERE ARE SOME ISSUES.

WE, WE HAD AND WANTED TO REQUEST SOME HEARING FOR PENALTY RELIEF.

OKAY.

UH, BUILDING WAS ALREADY IN THE BUILDING, WAS ALREADY IN THE REPEAT OFFENDER PROGRAM EVEN BEFORE WE BOUGHT IT.

AND MOST OF THE ISSUES, I LATER WERE ALREADY EXISTING.

WE WERE NOT INFORMED BY EITHER THE SELLER OR THE LISTING AGENT.

WE DIDN'T KNOW HOW

[00:10:01]

TO GET THE PERMITS, INCLUDING THE PM UH, CONTRACTORS WOULDN'T BE BECAUSE THE AREA AND ISSUES WOULD RESURFACE.

WE WOULD FIX WINDOWS, AND IT COULD BE BROKEN AGAIN THE NEXT DAY OR WEEK DUE TO THE NEIGHBORS.

UH, AND TWO UNITS HAVE NOT PAID RENT FOR 12 MONTHS, WILL NOT EVEN LET US INTO THE UNIT BASED ON COVID.

RIGHT.

MR. UH, LASTLY, OUR PM WAS SIX.

MR. GINA CORRECTION.

I'M SORRY TO INTERRUPT YOU.

SO I JUST WANTED YOU TO SUMMARIZE YOUR REQUEST BECAUSE YOU WILL HAVE A CHANCE IF THE COMMISSIONERS DECIDE THAT, UM, WE CAN HEAR YOUR REQUEST AT THE NEXT MEETING OR ANY OTHER MEETINGS YOU'LL HAVE A CHANCE TO GO INTO.

MM-HMM.

MORE DETAILS, SO, OKAY.

YEAH, I, I'LL JUST TAKE A 30.

I'LL JUST TAKE A 32ND, UH, CLOSING STATEMENT THEN.

THANK YOU.

UH, SO IN CLOSING, RIGHT, UH, I, I WOULD LIKE TO SAY WE HAVE INVESTED SO MUCH TIME, EFFORT, AND MONEY INTO THE RENTAL.

UH, WE STILL HAVE MORE EXPENSES TO REPLACE.

OUR HVAC WAS STOLEN LAST WEEK, AND TWO OF OUR UNITS WERE TRASHED AFTER WE GOT THE TENANTS EVICTED.

UH, WE REALLY CAN'T AFFORD ANY MORE EXPENSES ON OUR PENALTIES, AND WE REQUEST TO DISCUSS, UH, THE ISSUE FURTHER AND REQUEST A FURTHER YEAR FOR A HUNDRED PERCENT PENALTY RELEASE.

THANK YOU.

ALL RIGHT.

THANK YOU SO MUCH FOR SUMMARIZING THAT.

IS THERE ANYTHING ELSE THAT YOUR BROTHER WANTS TO ADD? UH, HE IS NOT ABLE TO, UH, UNMUTE HIMSELF, BUT, UH, BUT, UH, YOU KNOW, UH, THAT'S PRETTY MUCH WHAT WE, UH, YOU KNOW, WANTED, WE WANTED US TO SAY.

I MEAN, LIKE, UH, YOU KNOW, WE WERE TAKEN ADVANTAGE OF BEING, UH, OUT OF STATE INVESTORS.

AND THEN, UH, THIS, A THIRD PROPERTY MANAGER.

THE FIRST TWO PROPERTY MANAGERS FLED OUR MONEY AND TOOK ALL THE MONEY AND, UH, YOU KNOW, THEY WERE NOT DOING ANYTHING.

AND MY BROTHER RA, HE'S BEEN WORKING VERY CLOSELY WITH, UH, THE INSPECTORS FOR THE LAST TWO YEARS, UH, TO GET EVERYTHING ADDRESSED BY HIMSELF, WHICH INCLUDES LIKE, YOU KNOW, WEEKLY PHONE CALLS ALL UP, AND WE WOULDN'T EVEN, WE DIDN'T EVEN GET CONTRACTORS TO COME INTO THE AREA BECAUSE, YOU KNOW HOW, UH, UH, ROUGH IT WAS.

SO, UH, WE STILL NOT THERE YET.

WE WERE HOPING THAT, UH, YOU KNOW, THIS IS SOMETHING WE JUST GOING TO GET FRESH START.

UH, BUT YOU KNOW, I, I HAVE TO SAY SINCE WE GOT IT, WE HAVEN'T BEEN ABLE TO, UH, HAVE A, A GOOD, UH, SEVEN HOURS OF SLEEP.

OKAY.

WELL, WE'LL HAVE THE COMMISSIONERS TAKE YOUR REQUEST INTO CONSIDERATION, UM, AND YOU WILL BE NOTIFIED OF THAT DECISION.

OKAY.

THANK YOU FOR THANK YOU.

CALLING IN.

ALL RIGHT.

WE CAN PROCEED WITH, UM, THE, YEAH.

OH, CHAIR.

JUST FOR THE RECORD, UM, THOSE CASES THAT HE WAS REQUESTING, UM, TO HAVE HEARD FOR PENALTY RELIEF ARE ALL IN COMPLIANCE WITH THE BSC ORDER.

THEY JUST OWE PENALTIES.

OKAY.

THANKS FOR CLARIFYING THAT.

MM-HMM, , UM, I'LL GO AHEAD AND ACKNOWLEDGE ONE OF THE COMMISSIONERS THAT JUST GOT HERE.

UM, COMMISSIONER, PASTOR LUGO.

THANK YOU.

UM, CAN WE MAKE SURE HE'S RECORDED AS BEING PRESENT AND, AND CHAIR

[APPROVAL OF MINUTES]

BEFORE WE MOVE ON? WE HAVE THREE SETS OF MINUTES THAT NEED TO BE APPROVED.

UH, THE SEPTEMBER MINUTES THAT WERE AMENDED, THEY WERE NOT APPROVED IN OCTOBER, WE MADE AN AMENDMENT TO THOSE, AND THEN THE OCTOBER 24TH, 2023 REGULAR MEETING MINUTES.

AND THE DECEMBER 1ST SPECIAL CALLED MEETING MINUTES.

OKAY.

UM, I THINK WE'LL NEED A COUPLE OF MINUTES FOR THE COMMISSIONERS TO BE ABLE TO OKAY.

TOOK A LOOK.

ARE THOSE ALL IN OUR FOLDERS? THEY'RE ALL IN THE GOOGLE DRIVE FOLDER AND IN YOUR READERS, AND, UH, YOU DO NOT HAVE TO BE PRESENT TO, FOR, TO THE RESPECTIVE MEETINGS IN ORDER TO VOTE.

OKAY.

THANK YOU.

ALRIGHT, CHAIR, MAY I ASK A CLARIFYING QUESTION? OF COURSE.

GO AHEAD.

UM, QUESTION TWO, UM, UM, UM, THAT STAFF, CAN WE DO ONE MOTION TO APPROVE THEM ALL AND VOTE OF THEM AS ONE AS SUCH? OR DO WE NEED ONE MOTION FOR, UM, IF YOU'RE GOING TO BE AMENDING THE MINUTES, AND I DO BELIEVE THERE WAS AN AMENDMENT, UM, FROM THE SEPTEMBER MEETING, I WOULD RECOMMEND DOING THAT SEPARATELY.

BUT IF THE OTHERS ARE NOT GOING TO BE AMENDED, THEN YOU CAN DO THAT AS ONE MOTION AND I'LL ADD TO THE SEPTEMBER MINUTES.

UM, WERE NEVER, THEY WERE VOTED ON, BUT THERE WAS, THEY WERE NOT SECONDED, SO WE NEVER DID HAVE AN APPROVED SET OF MINUTES FOR THE SEPTEMBER MEETING EITHER.

OKAY.

I WAS WONDERING ABOUT THAT.

I WASN'T HERE FOR THAT ONE.

OKAY.

WELL, UM, HAS ANY, HAS EVERYBODY HAD A CHANCE TO LOOK AT THE MINUTES FROM SEPTEMBER, OCTOBER AND ALSO FROM DECEMBER, MELANIE? SO,

[00:15:01]

I'M SORRY, CHAIR MEL.

SO THE SEPTEMBER ONES HAVE ALREADY BEEN AMENDED OR NOT? YES.

THE, THE AMENDMENTS WERE THAT, UM, YOU HAD BEEN RECORDED AS PRESENT AND MAYBE YOU WERE ABSENT, I BELIEVE.

YES.

AND, UH, MR. BENOS VOTE WASN'T COUNTED BECAUSE HE NEVER TURNED IN HIS, UH, SIGN IN SHEET AND THEN WE DIDN'T HAVE A SECOND ON THE VOTE EITHER.

SO THERE WERE THREE THINGS THAT REASONS WHY WE'RE VOTING TONIGHT.

OKAY.

MADAM CHAIR? YES, I MOVE.

APPROVAL OF THE SEPTEMBER 27TH, 2023, OCTOBER 25TH, 2023, AND SPECIAL CALL MEETING DECEMBER 1ST, 2023 MINUTES.

UH, COMMISSIONER FRANCIS, I'M SORRY, IF I MAY RECOMMEND, UM, IF WE COULD DO A MO UH, OF SEPARATE VOTE FIRST ON THE SEPTEMBER 27TH, 2023 MINUTES AS AMENDED.

UH, AND THEN LET'S HAVE A VOTE ON THAT, AND THEN THERE CAN BE A SEPARATE MOTION ON THE OCTOBER AND THE DECEMBER MINUTES.

OKAY.

SO WE'RE NOT AMENDING THEM TONIGHT.

WE MADE A CORRECT CLERICAL CORRECTION.

SO JUST TO, WELL, JUST TO BE CLEAR, THE SEPTEMBER 27TH MINUTES, UH, THERE NEEDS TO BE A MOTION TO APPROVE THOSE AS THEY'VE PREVIOUSLY BEEN AMENDED.

UM, AND THEN A VOTE NEEDS TO BE TAKEN ON ON THAT MOTION.

AND THEN WE CAN MOVE INTO A SECOND MOTION ON THE OCTOBER AND THE DECEMBER MINUTES.

OKAY.

I'LL CHAIR, AMEND MY MOTION TO WITHDRAW THOSE THREE DATES AND JUST APPROVE THE SEPTEMBER 27TH, 2023 MINUTES.

OKAY.

WE HAVE A MOTION FROM COMMISSIONER FRANCIS FOR THE SEPTEMBER MINUTES.

ANYBODY HAVE QUESTIONS? SECOND? OKAY, WE HAVE A SECOND AS WELL.

SO UNLESS THERE ARE ANY COMMENTS, WE'LL GO AHEAD AND TAKE THE VOTES.

SO, COMMISSIONER OLUGO AYE.

COMMISSIONER CAMPBELL? AYE.

COMMISSIONER FRANCIS.

AYE.

AND I'M IN FAVOR, COMMISSIONER SESTAD.

AYE.

COMMISSIONER SHART AYE.

AND COMMISSIONER SIG.

AYE.

THANK YOU.

ALL RIGHT.

THAT MOTION THAT, UM, THOSE MINUTES ARE ADMITTED.

NOW WE'RE LOOKING AT THE ONES FOR OCTOBER AND DECEMBER 1ST, I MOVE TO APPROVE THE MEETING MINUTES FOR THE OCTOBER 25TH AND DECEMBER 1ST SPECIAL CALLED MEETING.

THANK YOU.

WE HAVE A MOTION AND I'D SECOND WHO SECONDED.

COMMISSIONER SUGAR .

THANK YOU.

ALL RIGHT.

DO WE, DO WE HAVE ANY COMMENTS? AMENDMENTS? SO, SORRY, I, I BELIEVE THAT THE OTHER, UM, MEETING MINUTES FOR APPROVAL WOULD BE AUGUST 23RD MEETING.

THAT, THAT, THAT'S AT LEAST WHAT WE HAVE.

AUGUST OPEN IT UP.

OH, OKAY.

SORRY.

I, I MISREAD, UM, OCTOBER 25TH.

OKAY.

YES.

SORRY, THAT WAS JUST DIFFERENT DATES ON IT.

.

YEAH, THE COVER'S WRONG.

OKAY, UNDERSTOOD.

YES.

OH, REALLY? OKAY.

SO WE DO HAVE A MOTION TO ADMIT THE MINUTES FROM OCTOBER 25TH AS WELL AS DECEMBER 1ST, 2023.

AND WE HAVE A SECOND BY, UH, BY FROM COMMISSIONER SUGAR.

ALRIGHT, SO WE'RE GOING TO CALL THE VOTE IF THERE ARE NO QUESTIONS.

COMMISSIONER SLUGO.

UH, AYE.

THANK YOU.

COMMISSIONER CAMPBELL.

AYE.

COMMISSIONER FRANCIS.

AYE.

AND I'M IN FAVOR, COMMISSIONER TOAD AYE.

AND COMMISSIONER SHUGART.

AYE.

COMMISSIONER SIG, I'M IN FAVOR.

THANK YOU.

SO WE'VE ADMITTED THE MINUTES, ALL THE MINUTES FROM LAST YEAR, .

ALL RIGHT.

OKAY.

AND CHAIR BEFORE I'D LIKE TO POINT OUT ONE LAST THING BEFORE WE CALL, BEGIN CALLING THE CASES, ITEMS TWO AND SIX HAVE COME INTO COMPLIANCE AND ARE BEING PULLED FROM THE AGENDA THIS EVENING.

THIS IS REGARDING 5,800 WELLINGTON DRIVE, WHICH IS AN APPEAL AND 2121 BURTON DRIVE, BUILDING FOUR.

UNIT ONE 14.

GREAT, THANK YOU.

THAT'S GOOD NEWS.

OKAY, SO ITEM NUMBER

[2. Case Number: OL 2018-151137]

TWO ON THE AGENDA.

CASE NUMBER OL 2018 1 503 7 IS AN APPEAL REGARDING THE RENTAL REGISTRATION IS SUSPENSION AT AT A REPEAT OFFENDER PROGRAM PROPERTY LOCATED AT 51 5800 WELLINGTON DRIVE, ALSO KNOWN AS MUELLER PLACE APARTMENTS.

THIS APPEAL HAS BEEN WITHDRAWN BY THE APPELLANTS AND WILL NOT BE HEARD, SO I'M JUST STATING THAT ON RECORD.

OKAY.

SO THAT ONE TOO.

OKAY.

ALRIGHT, I JUST NEEDED TO STATE THAT ON THE RECORD.

SO, UM, ITEM NUMBER THREE ON THE AGENDA IS AN APPEAL REGARDING 6 9 1 1 MOONMAN DRIVE.

THE CASE

[3. Case Number: CV 2023-126552]

NUMBER IS CV 20 23 1 26 5 5 2.

THE CASE CAN BE FOUND IN THE AZURE BLUE BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.

THIS APPEAL BEGAN AS A COMPLAINT ABOUT UNSANITARY CONDITIONS AT THE PROPERTY, WHICH WERE CONFIRMED BY DEVELOPMENT SERVICES DEPARTMENT AND LED TO THE CITATION OF AN ADDITIONAL CODE VIOLATION.

THE OWNER FILED AN APPEAL OF THE NOTICE OF VIOLATION, WHICH IS WHY WE ARE HERE TONIGHT.

HERE'S SOME FACTS ABOUT THE CASE.

[00:20:01]

THE INITIAL COMPLAINT DATE IS AUGUST 31ST, 2023.

THE NOTICE OF VIOLATION INCLUDED ONE STRUCTURE, MAINTENANCE VIOLATION, AND ONE PROPERTY ABATEMENT VIOLATION.

THE PROPERTY ABATEMENT DEFICIENCY HAS BEEN CLEARED IN YOUR READERS OR GOOGLE DRIVE FOLDER, YOU'LL FIND STAFF EXHIBITS ONE AND TWO.

EXHIBIT ONE CONTAINS THE PROPERTY OWNER'S APPEAL LETTER, THE COMPLAINANT CASE HISTORY, A COPY OF THE TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, AFFIRMING OWNERSHIP MAPS OF THE PROPERTY, NOTICES FOR TONIGHT'S HEARING, PROOFS OF MAILING AND POSTINGS.

AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO F AND DEVELOPMENT SERVICES DEPARTMENT.

RECOMMENDATION SUPERVISOR JOSEPH LUCAS IS HERE TONIGHT TO PRESENT THE CITY'S CASE AND WILL TESTIFY TO THE SPECIFICS PRIOR TO THE APPEAL SUPERVISOR.

LUCAS, PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING, CHAIR AND COMMISSIONERS.

UH, MY NAME IS JOSEPH LUCAS.

I'M A CODE SUPERVISOR FOR THE DEVELOPMENT SERVICES DEPARTMENT CODE DIVISION, UH, SOUTH AUSTIN NEIGHBORHOOD ENFORCEMENT TEAM.

UH, THE COMPLAINT FOR 69 11 MOON MOUNT DRIVE ORIGINATED ON AUGUST 31ST, 2023 THROUGH A THREE ONE ONE CALL CONCERNING TREE LIMB DEBRIS IN THE FRONT YARD FOR MANY MONTHS.

AUSTIN CODE INSPECTOR DONNA DUNN RESPONDED TO THE PROPERTY AND OBSERVED THE TREE LIMB DEBRIS, UH, THAT WAS DESCRIBED IN THIS COMPLAINT.

INSPECTOR DUNN ALSO OBSERVED A CARPORT STRUCTURE THAT WAS OBVIOUS TO BE IN THE FRONT YARD SETBACK.

A CORNER POST FOR THE CARPORT IS CLOSER TO THE ROAD THAN THE FIRST EXPANSION, UH, JOINT IN THE DRIVEWAY, AND THEN THIS WOULD BE CONSIDERED PART OF THE RIGHT OF WAY AND MEASURED CLOSER THAN 10 FEET FROM THE CURB.

UH, THE FRONT YARD SETBACK FOR SSF THREE ZONING, WHICH THIS HOME IS, IS, UH, 25 FEET.

SO THE CARPORT'S AN OBVIOUS VIOLATION.

THE RESIDENCE ALSO HAD, UH, WALLS SIDING A DOOR AND WINDOWS WHERE THE GARAGE DOORS WOULD APPEAR TO HAVE BEEN.

A SEARCH OF THE AMANDA DATABASE SHOWED THAT THERE WERE NO PERMITS EVER ISSUED FOR THE REMOVAL OF THE GARAGE DOORS AND NEW WALLS, DOORS, WINDOWS TO BE ADDED TO THE STRUCTURAL FRAMING WHERE THE GARAGE DOORS HAD BEEN LOCATED.

ACCORDING TO THE ORIGINAL BUILDING PERMIT, WHICH WAS NUMBER OH 4 4 7 3 5, THIS RESIDENCE WAS BUILT IN.

19, WAS DESCRIBED AS A ONE STORY FRAMED RESIDENCE WITH BRICK VENEER AND ATTACHED GARAGE.

UH, OBVIOUSLY THE GARAGE WAS GONE.

NOW, UM, IT IS UNKNOWN WHEN THE ORIGINAL WORK TO REMOVE THE GARAGE DOORS AND REPLACE THEM WITH WALL SIDING, WINDOWS AND DOORS WAS DONE.

BUT THE EARLIEST GOOGLE STREET VIEW PHOTOS THAT I CAN FIND SHOW THAT THEY WERE REMOVED IN THE NOVEMBER OF 2007, UH, PHOTOS THAT, UH, GOOGLE POSTED ONLINE.

THE VIOLATION OF IPMC 3 0 1 0.4 WAS INCLUDED IN A DEFICIENCY TO OBTAIN A PERMIT FOR THE WORK THAT WAS PERFORMED PREVIOUSLY WITHOUT A PERMIT.

THIS REMEDY, THE REMEDY IS TO OBTAIN THE PROPER PERMITS FOR THE WORK PERFORMED WITHOUT A PERMIT ON THE GARAGE AS WELL AS THE CARPORT.

I'LL NOW GO OVER THE PHOTOS TO SHOW YOU HOW THE, UH, PROPERTY APPEARED.

PHOTO TWO A IS SHOWING THE ADDRESS 69 11 IN THE DRIVEWAY.

UM, AND YOU CAN SEE SOME FROM A DISTANCE.

YOU CAN SEE SOME TREE LIMBS IN THE FRONT YARD UP ON THE LEFT.

NEXT PHOTO, UH, TWO B IS SHOWING, UH, THE ORIGINAL COMPLAINT, PART OF THE ORIGINAL COMPLAINT OF TREE LIMBS AT THE ROAD.

UM, AND YOU CAN SEE THEY'RE DRIED OUT.

THEY'VE OBVIOUSLY BEEN THERE FOR A BIT.

YOU CAN ALSO SEE THE FRONT OF THE CARPORT, WHICH IS A METAL TYPE OF STRUCTURE WITH A METAL TYPE OF ROOF ON IT, UH, RIGHT UP AGAINST THE SIDEWALK AND, UH, BEFORE THE EXPANSION JOINT.

NEXT PHOTO, IT'S A CLOSER UP PHOTO SHOWING THE ACTUAL, UH, SUPPORT FOR THE CARPORT THAT IS, UH, SET IN CONCRETE RIGHT THERE, UH, UH, OFF THE SIDEWALK IN THE ACTUAL RIGHT OF WAY.

NEXT PHOTO, UH, 2D IS SHOWING MORE TREE BRANCHES AND, UH, TREE DEBRIS IN THE FRONT YARD, WHICH WAS THE REASON FOR OUR ORIGINAL CALL OUT THERE.

NEXT PHOTO, THIS PHOTO SHOWS, UM, MORE OF THE CARPORT AND HOW LONG IT IS, IT'S ACTUALLY ATTACHED TO THE STRUCTURE.

UM, AND YOU CAN SEE THAT THERE'S A DOOR AND STUFF IN FRONT OF THIS WHITE VEHICLE IN THE DRIVEWAY AND SOME WINDOWS WHERE GARAGE DOORS USED TO BE.

NEXT PHOTO, UH, THIS IS JUST ANOTHER PHOTO SHOWING, UH, WHAT THE WALL LOOKS LIKE NOW THAT USED TO BE GARAGE DOORS, UH, FROM A DIFFERENT, UH, ANGLE.

[00:25:01]

NEXT PHOTO.

OKAY, THAT IS THE END OF MY, UH, PRESENTATION.

I AM AVAILABLE FOR ANY QUESTIONS.

STAFF, STAFF ASKED THE COMMISSION TO ADMIT EXHIBIT ONE AND TWO A THROUGH TWO F, WHICH INCLUDES STAFF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OTHER RELEVANT DOCUMENTS AS WELL AS DEVELOPMENT SERVICES.

RECOMMENDATION STAFF ALSO REQUESTS THAT THE COMMISSION ADOPT THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR THIS CASE AND DENY THE APPEAL, THEREBY UPHOLDING THE REMAINING DEFICIENCY WITHIN THE NOTICE OF VIOLATION.

THANK YOU.

I'LL GO AHEAD AND ADMIT EXHIBIT ONE AND EXHIBITS TWO A THROUGH TWO F.

UM, AND I BELIEVE WE HAVE, UH, MS. CORA ON THE PHONE FOR THIS PROPERTY.

AND MR. ARIA AND CHAIR, I BELIEVE THEY HAVE AN EXHIBIT AS WELL.

OH, THEY DO? I DIDN'T SEE THAT.

IS IT ALSO CODED BLUE? YES.

YES.

OKAY.

YES.

I'LL GO AHEAD AND ADMIT THE APPELLANT'S EXHIBITS AS WELL, UM, IN ANTICIPATION THAT THERE ARE NO OBJECTIONS, CORRECT.

NO OBJECTIONS FROM STAFF ON THAT.

I HAVE NO OBJECTION.

OKAY.

THANK YOU.

UM, DO WE HAVE A MS. NICOLE CORUM ON THE PHONE? SHE WAS ONLINE, BUT, UH, HER, THE CALL DROPPED, SO I'M TRYING TO CALL HER AGAIN.

OKAY, THANK YOU.

I THINK WE CAN START WITH MR. MR. ARIA, ARE YOU COMFORTABLE STARTING OFF ON YOUR OWN? UM, SURE.

I, I DON'T REALLY KNOW WHAT TO SAY, BUT, HELLO? OH, I THINK SHE'S HERE.

HELLO? HELLO.

WE CAN HEAR YOU.

OKAY, GREAT.

I'M SORRY I MISSED THE BEGINNING OF, UM, I MISSED THE BEGINNING.

I HAD TO GET OFF THE CALL, SO, BUT I'M BACK.

OKAY, NOT A PROBLEM.

THANKS FOR JOINING US.

UM, YOU ARE GOING TO BE SPEAKING ON BEHALF OF MR. ARIA BEFORE HE JOINS IN, IS THAT RIGHT? YEAH, UM, THAT'S FINE.

OKAY.

WELL, YOU MAY PROCEED.

DID YOU GET A CHANCE TO HEAR, UM, STAFF'S PART OF THE DISCUSSION TONIGHT? I DID NOT.

IF YOU GUYS COULD QUICKLY JUST GO OVER IT AGAIN.

I WAS ON THE LINE FOR LIKE ALMOST 35, 40 MINUTES PRIOR TO, AND SO I HAVE TO JUMP OFF.

I HAVE ANOTHER CALL, BUT GO AHEAD.

UM, IF YOU GUYS CAN REVIEW REALLY BRIEFLY.

OKAY.

THEY'RE ESSENTIALLY ASKING FOR THE COMMISSIONERS TONIGHT TO DENY THE APPEAL.

YOU, YOU UNDERSTAND WHAT THE APPEAL IS FOR, RIGHT? UM, YEAH, THE APPEAL WOULD BE FOR WHAT THEY'RE CONSIDERED TO BE ENCROACHMENT, CORRECT.

I APOLOGIZE, HAS SHE BEEN SWORN IN? OH, YEAH.

I WAS ON THE PHONE WHEN YOU GUYS SWORE IN.

HAD EVERYBODY STAND.

I WAS HERE, I WAS PRESENT.

I WAS JUST NOT .

SHE, SHE WAS ONLINE DURING THE SWORN IN PROCESS, BUT THEN DROPPED LATER.

OKAY.

YES, I WAS HERE FOR THE SWEAR.

OKAY, GREAT.

THANKS FOR CHECKING .

UM, YES, SO IT'S GOOD.

SO YOU UNDERSTAND THAT EVERYTHING HAS TO BE DONE ACCORDING TO THE OATH THAT YOU TOOK.

SO YOU CAN GO AHEAD AND TELL US WHY YOU ARE APPEALING TONIGHT, AND THEN IF YOU HAVE ANY QUESTIONS FOR STAFF, THEY'LL BE ABLE TO ANSWER THAT AS WELL.

RIGHT.

SO, SO THE PURPOSE OF THE APPEAL AND THE REASON WHY WE WERE APPEALING WAS BECAUSE, UM, IN 2020 AT THE PURCHASE AND THE TIME OF A HOME PURCHASE, NONE OF THE VIOLATIONS WERE, UM, BEKNOWNST TO THE NEW HOMEOWNER TO AKASH.

AND BEYOND THAT, THE ENCROACHMENT OF THE ENCROACHMENT OF, OF LIKE THE, THE CARDBOARD IS SOMETHING THAT'S BEEN ESTABLISHED AND, AND BEEN AT THAT RESIDENCE FOR OVER 15 YEARS.

UM, FOR HIM TO HAVE TO DEMOLISH IT UNDER A FIXED INCOME AND STUFF, JUST, HE CAN'T AFFORD TO DO IT.

AND IN ADDITION TO, IN ADDITION TO THE SECONDARY PORTION OF THE GARAGE, UM, THE CHANGES THAT, THAT ARE MADE THERE, SAME THING CLIENT DOESN'T IS IS, YOU KNOW, FINANCIALLY DESOLATE, UM, POST THE PANDEMIC AND CAN'T AFFORD TO MAKE THE CHANGES.

BUT THE CHANGES WERE ESTABLISHED OVER 15, 20 YEARS AGO, AND THERE WERE NEVER ANY VIOLATIONS, UM, PRIOR TO THIS.

THE, UM, THE OVERGROWN LAWN AND ALL OF THESE THINGS THAT WERE THERE, UM, CONSIDERING THE PROPERTY TO LOOK AS IF FOR PEER THIS WAS MAKING AN MAINTENANCE IS, UH, THE ONLY, UM, IS THE ONLY ISSUE THAT THE CLIENT HAS HAD REPAIRED AND CLEANED UP AND FIXED.

AND SO THOSE ARE THE REASONS WHY HE, UM, WAS ASKING THAT YOU GUYS GO AHEAD AND VACATE THE VIOLATION.

THAT'S WHY HE APPEALED.

OKAY.

SO YES, I THINK WE UNDERSTAND COMMISSIONERS.

WERE YOU ABLE TO HEAR EVERYTHING? SORT OF, YEAH.

ALL RIGHT.

UM, DOES MR. ARIAT, DO YOU WANNA ADD

[00:30:01]

ANYTHING TO THAT? UM, YEAH, IF, IF I COULD JUST CLARIFY SOME THINGS.

OKAY.

UM, THE BRANCHES AT THE CURB, UH, THEY WERE THERE BECAUSE OF THE CITY BRUSH COLLECTION, WHICH OCCURRED ON THE THURSDAY OF THAT WEEK OF THE COMPLAINT.

UM, UM, IN ADDITION, UM, I'M THE FIFTH OWNER OF THAT HOUSE.

UM, IT WAS OWNED BY MULTIPLE GENERATIONS OF A MILITARY FAMILY.

THE OWNER OF THAT FAMILY WAS IN A WHEELCHAIR, WHICH IS WHY THE CARPORT WAS BUILT ORIGINALLY AND WHY I PURCHASED THE HOUSE FOR A DISABLED MEMBER OF MY FAMILY, WHICH IS WHO WILL BE MOVING IN WITH ME.

UM, I'VE DONE CONSIDERABLE REPAIRS ON THAT HOME MYSELF ALREADY.

UM, REPLACING THE WATER HEATER, UM, I, IT'S MY FIRST HOME.

MY ENTIRE LIFE SAVINGS IS IN THE DOWN PAYMENT OF THAT HOME.

UM, I WORK IN THE SERVICE INDUSTRY.

I ACTUALLY WORK ACROSS THE STREET AT THE AUSTIN FILM SOCIETY THEATER AS A BARTENDER.

UM, I DO NOT MAKE, LIKE THE COST OF DEMOLISHING THAT CARPORT IS, EXCEEDS MY ANNUAL INCOME.

UM, IN TERMS OF LIKE THE LANDSCAPING, ALL OF THAT HAS BEEN CHANGED.

YOU COULD SEE THAT IN THE PHOTOS THAT I PROVIDED AS WELL.

UM, I ACTUALLY DID ALL THAT MYSELF USING MULCH FROM THE CITY YARD.

UM, YEAH, I, NONE OF, UM, THE CARPORT ITSELF IS LIKE LISTED ON TCAD AS BEING AN ORIGINAL CONSTRUCTION TO THE HOUSE, WHICH I ALSO INCLUDED.

UM, IT'S ALSO INCLUDED ON THE ORIGINAL SURVEY OF THE HOME, WHICH WAS PROVIDED TO ME WHEN I BOUGHT THE HOME.

UM, I JUST, I FIND IT ODD AND, AND A LITTLE BIT UNFAIR TO MAKE ME RESPONSIBLE FOR DEMOLISHING A STRUCTURE THAT'S EXISTED SINCE I WAS IN HIGH SCHOOL AND LIVED IN A DIFFERENT STATE.

I WAS 17 YEARS OLD WHEN IT WAS CONSTRUCTED ACCORDING TO, UM, YOUR RECORDS THAT YOU'VE PROVIDED.

UM, WHAT ELSE CAN I SAY? UM, YEAH, I JUST, IT'S A LITTLE CONFUSING TO ME THAT THE CITY DIDN'T HAVE A PROBLEM WITH IT FOR 15 PLUS YEARS UNTIL I MOVED IN.

UM, THAT'S KIND OF A, A POINT THAT I WOULD LIKE TO MAKE.

UM, OKAY.

THANK YOU.

UM, YEAH, THAT'S GOING TO BE A TOUGH ONE FOR THE COMMISSIONERS, I BELIEVE.

UM, CHAIR.

YES.

UM, JUST ONE.

GO AHEAD.

UH, COMMISSIONER, UM, THANK YOU CHAIR.

UM, THE, UM, UH, THE GENTLEMAN REFERRED TO PHOTOS AND DOCUMENTS THAT I DO NOT BELIEVE WERE MADE AVAILABLE TO US.

DO YOU ALL HAVE ACCESS TO THOSE? YES, IT'S ACTUALLY JUST THE PLAT.

UM, IT'S, UM, IT'S THE SURVEY AND THE PLA IT'S ON THE LIGHT BLUE.

YEAH.

YEAH.

I MEAN, I'M LOOKING AT THAT AND THAT ONLY HAS THE, THAT THAT JUST HAS THE, THE MOON LIKE THAT JUST HAS THE LIGHT LAYOUT OF THE HOUSE AND RELEVANT INFORMATION.

IT DOESN'T HAVE A, THE OTHER STUFF DOES IT, IF YOU SEE THE, UM, EXHIBITS ONE AND TWO THAT SHOWS YOU THE TAX OFFICE'S, UM, HISTORY OF OWNERSHIP AND EVERYTHING.

AND YOU'LL ALSO SEE THAT THE PICTURE OF FROM STAFF, I BELIEVE THAT SHOWS THAT THAT PORT HAS BEEN THERE.

UM, WHERE IS THE SECOND PICTURE THAT HE REFERRED TO WHERE HE HAD CLEARED THINGS UP? OH, WHERE HE CLEARED THINGS UP.

OKAY.

YEAH.

I'M SPECIFICALLY THE, THE ATTACHMENTS THAT, UH, HE WAS TALKING ABOUT, THIS WAS THE ONLY THING SUBMITTED TO US WAS THIS ONE PHOTO.

OKAY.

UM, NO, I, I SUBMITTED FOUR DIFFERENT, UH, DOCUMENTS IN THE EMAIL, SO WE DIDN'T GET THE OTHERS.

WE JUST SAW.

UM, MR. ARIA, JUST TO MAKE SURE I UNDERSTAND, YOU SAID THAT YOU CLEARED UP THE OTHER VIOLATIONS IS WHAT YOU WERE REFERRING TO, CORRECT? YEAH, THE, THE OVERGROWN, UM, THE BRANCHES AND ALL THAT.

UM, I SUBMITTED FOUR PHOTOS, UM, WITH THE LAST MEETING THAT WAS, UH, CANCELED.

AND THEN I SUBMITTED THE SAME, UH, PHOTOS AS WELL FOR THIS ONE.

UM, BASICALLY I COVERED THE LAWN, CUT ALL THE GRASS, COVERED THE LAWN WITH MULCH, UM, PUT AN EDGING OF, UH, ROCKS AROUND THE BORDER, UM, OF THE LAWN.

UM, AND ALL THE BRANCHES ARE OBVIOUSLY REMOVED AND THEY WERE TAKEN BY THE CITY THAT WEEK, UM, AS PART OF THE LARGE BRUSH COLLECTION.

OKAY.

THANK YOU.

COMMISSIONER OLUGO.

I THINK IF YOU LOOK IN THE REPORT AND I'LL LET STOP SPEAK AS WELL.

, I THINK IN THE REPORT IT DOES CONFIRM THAT, CONFIRM INSPECTION REPORTS.

YEAH.

UH, I WAS JUST, UH, A LITTLE BIT CONFUSED THROUGH THE MISALIGNMENT OF, OF THE,

[00:35:01]

THE, UM, EXHIBITS THAT HE CLAIMED WERE IN THE, IN, IN THAT HE SUBMITTED VERSUS WHAT I WAS SEEING ON MY END, BUT YEAH.

THANK YOU.

OKAY.

YOU'RE WELCOME.

ALL RIGHT.

SO ANY COMMENTS, QUESTIONS FROM THE COMMISSIONERS, EITHER TO THE OWNERS OR TO STAFF? MADAM CHAIR? YES.

COMMISSIONER, STILL STAFF, GO AHEAD.

THANK YOU, MADAM CHAIR.

I HAVE QUESTIONS FOR, UM, I GUESS, UH, FOR SUPERVISOR LUCAS.

UH, SO THE SUPERVISOR, THE, THE OWNER IS EXPRESSING CONCERN WITH THE, UM, POTENTIAL COST OF DEMOLITION.

UM, ARE YOU, BUT MY UNDERSTANDING IS THAT THE REQUIREMENTS OF 3 0 1 0.4 THAT WHEN WORK UN PERMITTED WORK HAS BEEN PERFORMED, THERE'S SORT OF A, THE REQUIREMENT THAT A PERMIT BE OBTAINED RETROACTIVELY.

DO WE HAVE A, A SENSE OF WHAT THE OUT-OF-POCKET IS ON JUST THAT PROCESS ALONE TO HAVE AN ENGINEER COME IN AND LOOK AT IT AND THAT SORT OF THING? UM, I WOULDN'T KNOW, SIR, BUT WHEN THEY, UM, WHEN THEY WOULD SUBMIT AN APPLICATION FOR, TO OBTAIN A PERMIT, THERE WOULD BE A, A LENGTHY REVIEW BY THE DEVELOPMENT SERVICES DIVISION.

UM, AND THIS WOULD NOT PASS BECAUSE OF THE ZONING ISSUES OF THIS BEING IN THE FRONT YARD SETBACK, WHICH IS OBVIOUS.

SO THEY WOULD NOT BE ABLE TO OBTAIN A PERMIT FOR THIS.

OKAY.

AND I GUESS THAT WAS MY, MY FOLLOW UP QUESTION.

UH, I THINK YOU'VE ALREADY ANSWERED IT THOUGH.

IT'S UNLIKELY THAT ANY SORT OF VARIANCE WOULD BE AVAILABLE TO SOMEONE WHO FINDS HIMSELF IN THIS SITUATION FOR ENCROACHING THE RIGHT OF WAY AND SO FORTH.

I CAN'T SPEAK ABOUT THE BOARD OF ADJUSTMENTS ON ISSUING A VARIANCE FOR THAT.

UM, IT'S, IT'S A COSTLY, UH, DEAL TO APPLY FOR A VARIANCE AND THEY HAVE TO HAVE A HARDSHIP FOR THAT TO, UM, TO BE APPROVED.

AND, UH, HARDSHIP CANNOT BE ABOUT FINANCES.

I SEE.

THERE HAS TO BE SOME SORT OF, UM, PHYSICAL ATTRIBUTE TO THE PROPERTY THAT, YOU KNOW, MADE THEM DO THIS PARTICULAR THING.

OKAY.

THANK YOU, SUPERVISOR.

THANK YOU, MADAM CHAIR.

THANK YOU.

UM, THOSE ARE GREAT QUESTIONS.

I HAD THE SAME, I HAD THE SAME QUESTIONS.

COMMISSIONER CAMPBELL, GO AHEAD.

UH, CAN I, CAN I FOLLOW UP ON THAT? SURE.

UH, TO YOUR UNDERSTANDING, WOULD, AND, UH, MR. CARIA HAS EXPRESSED THAT THIS IS IN PART DUE TO, UM, THAT THE PART OF THE REASON HE BOUGHT THE PROPERTY WAS DUE TO, UH, A DISABLED FAMILY MEMBER.

WOULD THAT POTENTIALLY QUALIFY AS THE KIND OF HARDSHIP THAT WOULD JUSTIFY? UH, I, I'M NOT PART OF THE BOARD OF ADJUSTMENTS.

UM, I DON'T KNOW WHAT THEIR, UH, WHAT THEIR CRITERIA WOULD BE, BUT I JUST KNOW THEY HAVE TO HAVE A HARDSHIP OF SOME SORT.

UNDERSTOOD.

THANK YOU.

OKAY.

UM, OH, COMMISSIONER SHUGART, GO AHEAD.

YEAH, I GUESS I, JUST TO CLARIFY, THE MAIN ISSUE WITH THIS CARPORT IS THAT IT IS IN THE FRONT YARD SETBACK OF THE PROPERTY AND IT'S ATTACHED TO THE STRUCTURE AND IT'S, UH, PROBABLY OVER 200 SQUARE FEET, UH, IF WE WERE TO MEASURE IT, WHICH ALL WOULD REQUIRE PERMITS.

YEAH.

UM, I GUESS, UH, I MEAN THERE HAS BEEN, AT LEAST RECENTLY IN COUNCIL THE PASSING OF HOME PHASE ONE, WHICH I THINK REDUCED THE FRONT YARD SETBACK TO 15 FEET WITH THE POTENTIAL TO REDUCE IT EVEN MORE.

SO I'M JUST SAYING LIKE, IF WE CAN CLARIFY THAT IT IS A SETBACK ISSUE, THERE IS A POTENTIAL THAT IF HOME PHASE TWO PASSES IN A COUPLE MONTHS, THEN IT PROBABLY WOULDN'T BE AN ISSUE ANY LONGER.

THAT I BELIEVE PART OF THAT WOULD MOSTLY BE ACCURATE, BUT IT'S ALSO IN THE RIGHT OF WAY.

OKAY.

OH, THOSE POSTS, LIKE YOU SAID, THOSE FRONT POSTS ARE IN THE RIGHT OF WAY.

SO THAT WOULD HAVE TO BE DEALT WITH NORMALLY, TRANSPORTATION DEPARTMENT DEALS WITH ANYTHING, A STRUCTURE THAT'S IN THE RIGHT OF WAY, UH, BUT THAT WOULD BE A CONCERN.

OKAY.

THANK YOU.

OKAY.

UM, AND COMMISSIONER OLUGO.

THANK YOU, CHAIR.

UM, SO I WANTED TO VERIFY A FEW THINGS TO MAKE SURE THAT I UNDERSTAND THE SORT OF SEPARATE ISSUES AT PLAY.

UM, YOU MENTIONED ZONING, YOU, THAT'S TO DO THE SETBACK OF ANY STRUCTURE THAT IS BUILT FOR THE PROPERTY.

IS THAT CORRECT? FOR THAT STRUCTURE BEING IN THE FRONT YARD SETBACK? YES.

YES.

THAT'S, SO, UM, GETTING ADJUSTMENTS FOR ZONING WOULD BE MAYBE DIFFICULT.

AND THEN THERE'S A RIGHT OF WHAT IS THE, UM, WHAT IS THE SORT OF RADIUS FOR THE RIGHT OF WAY? LIKE HOW FAR DO YOU HAVE BACK, DO YOU HAVE TO BE? IT DIFFERS ON IN, IN DIFFERENT NEIGHBORHOODS DEPENDING ON IF THERE'S A SIDEWALK AND EVERYTH THE THINGS.

UH, BUT ALL THE UTILITIES ARE IN THE RIGHT OF WAY, NORMALLY THAT FIRST EXPANSION JOINT AND THE DRIVEWAY IS WHERE THE RIGHT OF WAY ENDS.

MM-HMM, .

AND BECAUSE THIS IS ON, BECAUSE IT'S NOT ON THE SIDEWALK, RIGHT? CORRECT.

I GUESS IT, IS IT JUST TOO CLOSE? IS IT, DOES IT DO CAN'T BE WITHIN A FEET OF

[00:40:01]

IT OR, OR WHAT EXACTLY IS THE IT'S, IT'S IN THAT SECTION OF THE RIGHT OF WAY BETWEEN THE EXPANSION JOINT AND THE ROAD.

AH, OKAY.

NOT JUST THE POLE, THE ACTUAL STRUCTURE, THE ROOF, THE FRAMING GOES INTO THAT RIGHT OF WAY AREA.

OKAY.

I SEE WHAT YOU MEAN.

AND SO THEN, IS THERE AN ALTERNATIVE OTHER THAN DEMOLITION TO BE ABLE TO, TO GET THIS DONE? UH, MY SUGGESTION WOULD BE IF, IF ZONING WERE TO CHANGE AND MAKE THE FRONT YARD SETBACK 15 FEET OR 10 FEET, UH, THEY COULD TAKE IT TO THAT POINT, UM, EVENTUALLY.

I MEAN, IT WOULD HAVE TO BE, IT'S METAL.

SO I'M SURE IT COULD BE, UM, FABRICATED TO, TO WORK BECAUSE IT'S WELDED TOGETHER.

MM-HMM, .

AND THEN, SO THEN IF, IF THE SETBACKS WERE CHANGED, THEN THE ONLY THING THAT WOULD MATTER WOULD BE, UM, THE RIGHT OF WAY INFRINGEMENT, IS THAT CORRECT? THAT'S WHAT'S CURRENTLY THERE.

NOW WE DON'T KNOW THE REST OF THE VIOLATIONS FOR THE INSIDE OR FOR THE WALL.

MM-HMM.

, THAT'S ALL, UH, UH, SUBJECT TO A COMPLETE REVIEW.

MM-HMM.

.

AND THAT'S WHY WE WENT WITH THE VIOLATION OF OBTAIN A PERMIT BECAUSE, UM, THEY, WE KNOW THAT IT'S NOT GOING TO PASS UNTIL HE SATISFIES THAT FRONT YARD SETBACK, I FRANCIS.

SO THE TWO ISSUES ARE THE CARPORT AND THEN THE GARAGE CONVERSION.

CORRECT? CORRECT.

AND, AND I CAN'T CALL IT A GARAGE CONVERSION BECAUSE I, I DON'T KNOW WHAT'S BEEN DONE INSIDE, BUT THERE WAS NO PERMIT PULLED.

THERE WAS NO PERMITS TO REMOVE GARAGE DOORS AND MAKE IT WALLS AND WINDOWS AND DOORS AND SIDING.

AND WHAT DOES CODE REQUIRE? PE SO CODE BASICALLY SAYS IF YOU'RE GOING TO DO THIS SORT OF WORK ON YOUR HOME, YOU'RE REQUIRED TO PULL A PERMIT WITH THE CITY, HAVE INSPECTIONS.

YES.

ACTUALLY, OLD IN YOUR WORDS, GARAGE CONVERSION, WHICH IS WORK WITHOUT PERMIT.

UH, THOSE ARE QUITE COMMON.

UM, AND THERE IS A, A BUILDING PERMIT APPLICATION FOR SUCH A PROJECT, AND AT THE CONCLUSION OF THAT REVIEW, THERE'S INSPECTIONS DONE FOR LIFE SAFETY ISSUES.

SO THAT COULD BE AN OPTION POSSIBLY TO GO THROUGH THAT PROTOCOL AND TO SEE IF EVERYTHING WAS IN COMPLIANCE.

IS THAT CORRECT? THERE, THERE WOULD BE TWO DIFFERENT PERMITS.

OKAY.

TO, TO SATISFY THIS.

SO THAT WOULD TAKE CARE OF THAT ISSUE TO KIND OF GO THROUGH THAT PERMITTING.

OKAY.

CORRECT.

AND THE OTHER ISSUE THEN IS THE CARPORT.

THE CARPORT, AND THE FACT THAT IT'S IN THE RIGHT OF WAY.

AND, AND BECAUSE IT'S A STRUCTURE THAT'S ATTACHED TO THE, TO THE STRUCTURE TO THE HOUSE, AND IT'S MORE THAN 150, 200 SQUARE FEET.

200 SQUARE FEET.

OKAY.

BUT E EVEN IF IT'S LESS THAN 200 SQUARE FEET, IF IT'S ATTACHED TO THE MAIN STRUCTURE, IT STILL REQUIRES A PERMIT.

SO JUST AS A FOLLOW UP.

SO IF IT WAS 200 SQUARE FEET AND YOU DISCONNECTED IT FROM THE HOUSE, DOES HE GET THERE? IF IT'S UNDER 200 SQUARE FEET, IT IS DISCONNECTED FROM THAT HOUSE.

, I'M JUST THINKING OUT LOUD WITH YOU, , TRYING TO FIGURE OUT HOW WE CAN WORK SOMETHING OUT HERE, HOW, FIGURE OUT HOW WE CAN GET YOU SENATOR.

MAKES SENSE.

TRYING TO FIGURE OUT HOW WE CAN GET YOU INTO, INTO COMPLIANCE.

I MEAN, OBVIOUSLY COMPLIANCE, UM, IT DOES MAKE SENSE.

UM, I JUST WANT TO SAY THOUGH, I, I'M A BARTENDER.

I'M NOT IN THE BUSINESS OF CONSTRUCTION.

LIKE, HONESTLY, EVERYTHING YOU GUYS ARE SAYING ABOUT, UM, WELDING AND FABRICATION, UM, I MEAN, IT, IT FRANKLY SOUNDS A LITTLE INSANE TO ME.

UM, I AM THE FIFTH OWNER OF THIS HOUSE.

THERE'S BEEN FOUR OTHER PEOPLE DOING CONSTRUCTION IN THIS HOUSE BEFORE ME.

UM, SOME OF THEM, YOU KNOW, LIVED THERE BEFORE I WAS EVEN BORN.

SO, YOU KNOW, I JUST WANNA POINT THAT OUT IF I MAY.

ALSO, I JUST WANT YOU THE COMMISSION TO UNDERSTAND THAT WE ARE NOT A PROACTIVE AGENCY.

FOR THE MOST PART.

WE RESPOND TO COMPLAINTS.

UM, AND IN THIS PARTICULAR SITUATION, MORE THAN LIKELY THERE WAS NO COMPLAINTS AT THIS PROPERTY UNTIL WE GOT THE COMPLAINT FROM 3 1 1 ABOUT THE BRUSH.

AND WHEN WE GO THERE, IT'S OUR JOB TO, UM, WHEN YOU SEE AN OBVIOUS VIOLATION, WE DO TAKE IN ENFORCEMENT ACTION ON THAT.

UM, I'M NOT SAYING THAT THIS GENTLEMAN CREATED THIS PROBLEM, HOWEVER, IT, UH, HE PURCHASED IT LIKE THAT.

UM, AND THERE'S NO DUE DILIGENCE TO VERIFY THAT PERMITS WERE EVER MADE OR PULLED, IS THERE? NO, THANK YOU.

JUST I'LL HAVE TO ACKNOWLEDGE YOU BEFORE THIS.

THANK YOU.

UM, SUPERVISOR LUCAS, UM, COMMISSIONER LUCCO, GO AHEAD.

AND THEN I HAVE A COUPLE OF QUESTIONS MYSELF.

SO TO VERIFY THERE'S NO LAW REQUIRING A DISCLOSURE OF CODE VIOLATIONS AT POINT OF SALE OR BY, BY OR ANY, ANY, ANYTHING LIKE THAT? THERE WERE NO CODE VIOLATIONS WHEN HE PURCHASED THE PROPERTY, IF I'M NOT MISTAKEN, BECAUSE THERE WERE NO INSPECTIONS ON IT TO REVEAL THE, UM, SO WE HAD NOT CREATED A VIOLATION BECAUSE WE WERE UNAWARE OF SUCH PROBLEM.

MM-HMM.

UNTIL WE GET A CALL ABOUT RUSH IN

[00:45:01]

THE FRONT YARD.

YES, SIR.

BUT IT'S, YOU CAN, THERE'S OUR, OUR PERMITTING PERMITTING SYSTEM IS PUBLIC RECORD.

UM, AND IT'S READILY AVAILABLE ONLINE WHERE YOU CAN SEE EVERY BUILDING PERMIT THAT'S BEEN PULLED FOR A PROPERTY.

MM-HMM.

.

SO AS A PURCHASER IN AUSTIN, IT'S EASY TO DO THAT RESEARCH AND SEE IF THERE'S PROBLEMS WITH THE HOME THAT YOU'RE GONNA BUY.

THANK YOU.

UM, UM, I HAVE A QUESTION FOR YOU, MR. ARIA.

SO YOU ACQUIRED THE PROPERTY IN APRIL, 2020, IS THAT CORRECT? IN, UH, I BELIEVE, I BELIEVE IT WAS FEBRUARY OF 2020.

FEBRUARY OF 2020.

HAVE YOU DONE ANY IMPROVEMENTS ON THE PROPERTY SINCE THEN, OR WERE ALL THESE IMPROVEMENTS DONE PRIOR TO YOU OBTAINING THE PROPERTY? UM, THE, THE GARAGE ESPECIALLY I, I KNOW THE PORT WAS DONE PRIOR TO YOU.

UM, THAT GARAGE CONVERSION WAS ALSO DONE PRIOR TO YOU OBTAINING THE PROPERTY.

THE, THE GARAGE DOOR REMOVAL AND CHANGE, UM, ACCORDING TO TAD HAPPENED IN 1979.

OKAY.

ALRIGHT.

UM, SO YOU HAVEN'T DONE ANY OF THESE IMPROVEMENTS, I SUPPOSE IS MY MAIN QUESTION.

I PERSONALLY HAVE DONE NO IMPROVEMENTS TO THE HOUSE BESIDES REPLACING, UM, FAULTY APPLIANCES SUCH AS A WASHING MACHINE AND THE WATER HEATER AT THIS POINT.

OKAY.

AND YOU DID MENTION THAT YOU BELIEVE THAT DEMOLITION WOULD BE VERY COST PROHIBITIVE FOR YOU.

HAVE YOU ATTEMPTED TO GET ANY BIDS FOR DISMANTLING THE PORT AS OPPOSED TO, UM, THE WHOLE THING OR THE TWO DIFFERENT ISSUES? POTENTIALLY? DID YOU GET ANY BIDS? I GOT ONE QUOTE THAT, UM, WAS AROUND THE $29,000, UM, AMOUNT.

OKAY.

AND THAT WAS JUST FOR THE, THE PORT THAT WAS FOR THE CARPORT AND THE, UM, GARAGE, UH, WALL.

OKAY.

OKAY.

99,000.

AND I HAVE ANOTHER QUESTION, , I KNOW YOU PROBABLY EXPLORED ALL THIS OPTIONS, SO THAT'S WHY I WANT TO MAKE SURE THE COMMISSIONERS HEAR EVERYTHING TONIGHT.

UM, DID YOU TRY TO REC RETROACTIVELY GET THE NEEDED PERMITS AND THINGS LIKE THAT TO SEE WHETHER THERE COULD BE A VARIANCE THAT WILL BE APPROVED OR ANYTHING AT ALL? UM, I DID RESEARCH OTHER PROPERTIES IN THE AREA THAT HAD SIMILAR ISSUES.

THERE'S AROUND 42 OTHER HOUSES IN THE BUCKINGHAM RIDGE NEIGHBORHOOD THAT HAVE EXTREMELY SIMILAR ISSUES, UM, INVOLVING CARPORTS AND GARAGE DOOR CONVERSIONS.

WHAT DID YOU, WHAT WAS YOUR CONCLUSION? I'M SORRY, COULD YOU CLARIFY THAT? UM, YOU SAID YOU RESEARCHED ABOUT DIFFERENT PROPERTIES, BUT DID YOU SEE HOW THE OTHER PEOPLE WERE ABLE TO GET PERMITTED OR WERE THEY PERMITTED TO YOUR KNOWLEDGE? UM, I RESEARCHED SOME OF THEM, UH, SOME OF THE, UH, PUBLICLY AVAILABLE, UH, VARIANCE REQUEST DOCUMENTS ONLINE.

UM, THE MAJORITY OF THEM WERE GRANTED VARIANCES.

UM, I, AGAIN, I WORK IN THE FOOD AND BEVERAGE INDUSTRY.

I DON'T KNOW, LEGAL INFORMATION AND LANGUAGE.

I'M NOT VERY FAMILIAR WITH IT.

I DON'T REALLY HAVE ANY EXPERIENCE WITH IT.

I CAN'T HONESTLY SAY WITH CONFIDENCE IF I GAINED ANY REAL INFORMATION FROM LOOKING AT THOSE DOCUMENTS BESIDES THE FACT THAT THEY EXIST AND THAT OTHER PEOPLE HAVE DONE THIS TO THEIR HOUSES AS WELL.

AND I THINK ONE OF THE MAIN DIFFERENCES THAT IN ALL OF THOSE CASES THAT I DID LOOK UP, THE 42 THAT WERE AVAILABLE, ALL OF THOSE PEOPLE DID THE CONSTRUCTION THEMSELVES, WHICH IS NOT SIMILAR TO MY CASE FOR MY HOUSE.

OKAY.

SO, OKAY.

SO YOU HAVEN'T HAD ANY INTERACTIONS WITH THE PERMITTING DEPARTMENT OR ANYTHING? NO, NOT SINCE, UM, THIS PROCESS HAS STARTED, NO.

OKAY.

THANK YOU.

UM, IS THERE ANYTHING YOU WANTED MS. COCHRAN TO WEIGH IN ON REGARDING THIS PART OF THE DISCUSSION? I THINK SHE'S STILL ONLINE.

UM, UM, SHE, UH, TEXTED ME AND ASKED THAT I, UM, UH, REQUEST AN EXTENSION.

OKAY.

UM, THAT'S, THAT'S ALL THAT SHE REQUESTED.

OKAY.

SO, UH, YEAH, I THINK THIS ONE IS A TRICKY ONE AND VERY DIFFICULT ONE.

UM, I DON'T BELIEVE WE HAVE ALL OF THE INFORMATION WE NEED TONIGHT, UH, TO BE ABLE TO TO BE ABLE TO HELP YOU OUT WITH YOUR REQUEST, BECAUSE I THINK MAYBE THE COMMISSION SHOULD HAVE LIKED YOU TO COME WITH BIDS TO SHOW, OH, THIS WOULD HAPPEN IF I NEEDED TO DEMOLISH

[00:50:01]

OR MAYBE COME PREPARED WITH THE RESPONSE FROM THE PERMITTING DEPARTMENT.

THAT WOULD'VE BEEN VERY HELPFUL TO US TONIGHT, I THINK.

BUT I'LL GO AHEAD AND LET THE OTHER COMMISSIONERS ALSO COMMENT AND HAVE ADDITIONAL QUESTIONS, AND THEN WE MIGHT HAVE TO VOTE IN A COUPLE OF MINUTES.

AND HERE HAS OTHER EXHIBITS.

I'M SORRY.

HERE ARE THE OTHER EXHIBITS WE WERE ABLE, THIS IS WHAT THEONA SENTENCE.

OKAY.

WE'LL TAKE A A MINUTE TO LOOK AT THOSE.

IF I COULD EXPLAIN A LITTLE OF THIS DOCUMENT.

HERE IS THE MLS LISTING, UM, THAT WAS PROVIDED BY THE PREVIOUS SELLERS, WHICH DOES LIST THE CARPORT AS AN AMENITY OF THE HOME.

OKAY.

WE DON'T, I DON'T THINK WE, I THINK WE'RE ALL ON THE SAME PAGE AND IN AGREEMENT THAT YOU DID PURCHASE THE PROPERTY AS IS.

UM, I GUESS THE PROBLEM WE WOULD HAVE TONIGHT IS WHETHER THE YEAH, THAT'S IN OUR FOLDER.

THANK YOU.

YEAH, SO I THINK THE QUESTION AND THE CONCERNS WE'LL HAVE IS WHETHER YOUR, UH, I GUESS LACK OF KNOWLEDGE ABOUT WHETHER THE PERMITTINGS, WHETHER THE IMPROVEMENTS WERE DONE PROPERLY ACCORDING TO THE REQUIREMENTS OF, YOU KNOW, THE CITY OR NOT.

WHETHER WE SHOULD USE THAT AS A REASON TO SAY THERE SHOULDN'T BE ANY VIOLATION.

AND TYPICALLY I SEE THE SELLER'S DISCLOSURE HERE AND THERE'S ADDITIONAL DOCUMENT THAT THEY'RE SUPPOSED TO PROVIDE YOU SHOWING THE IMPROVEMENTS THAT WERE MADE.

UM, BUT SINCE THERE WERE FIVE DIFFERENT OWNERS, PROBABLY THE, THOSE PEOPLE THAT SOLD IT TO YOU COULD GET AWAY WITH THE FACT THAT THEY WEREN'T THE ONES THAT ACTUALLY MADE THE IMPROVEMENTS THEMSELVES.

BUT ULTIMATELY, THE RESPONSIBILITY WILL LIE WITH YOU AS THE BUYER.

SO, UM, IF I COULD, COULD ALSO ADD ALL, ALL PREVIOUS FOUR OWNERS.

YES.

UM, WERE ALL RELATED TO EACH OTHER, AND AT ONE POINT THEY ALL LIVED WITH EACH OTHER IN THE HOME BEFORE I PURCHASED THE HOME.

OKAY.

OKAY.

UM, YES, THIS IS RATHER UNFORTUNATE.

WE DO HAVE, I THINK OUR HANDS MIGHT BE TIED.

I THINK WE, YOU KNOW, WE DO HAVE SOME PARAMETERS WE HAVE TO WORK WITHIN.

SO, COMMISSIONER CAMPBELL, GO AHEAD.

UH, CHAIR, UH, IF I MAY, THIS REALLY SEEMS LIKE A SITUATION WHERE YOU SEEM TO BE A BIT OF A VICTIM OF CIRCUMSTANCE HERE.

FRANKLY, IT SEEMS LIKE THE ONLY REASON WHY THIS CODE VIOLATION WAS EVER DISCOVERED WAS BECAUSE OF A VERY BRIEF SITUATION INVOLVING SOME TREE BRANCHES, WHICH CERTAINLY SEEMS LIKE A VIOLATION.

CERTAINLY SEEMS REASONABLE ALSO, ACCORDING TO YOU, HAS BEEN RESOLVED AT THIS POINT.

UM, SO I MEAN, THAT, THAT KIND OF SEEMS NEITHER HERE NOR THERE AT THIS POINT, BUT PERSONALLY, I'D BE VERY UNCOMFORTABLE ABOUT ISSUING A, A SERIOUS PENALTY OR ANYTHING OVER THIS BECAUSE IT, IT DOESN'T SEEM TO BE A PUBLIC DANGER TO ANYONE.

I, I UNDERSTAND THAT IT DOES APPEAR TO BE A VIOLATION, GENUINELY, BUT NOT ONE THAT IS CAUSING HARM AND ONE THAT PERHAPS COULD EVEN BE RESOLVED BY AN ADJUSTMENT FROM THE ZONING DEPARTMENT.

UM, I, IN LIGHT OF THAT, I, I, I THINK THAT THE BEST MOVE HERE MIGHT BE TO TRY AND GET AN EXTENSION HERE, MOVE THIS TO A LATER MEETING, AND HOPEFULLY GIVE, UH, MR. CATIA SOME TIME TO PURSUE THAT ADJUSTMENT.

I, I, I'M NOT FAMILIAR WITH WHETHER THAT WOULD BE POSSIBLE, BUT I, I, I'D JUST FRANKLY LIKE TO GIVE YOU AS MUCH TIME AS POSSIBLE SO THAT WAY I, I MEAN, AGAIN, I, I FEEL VERY UNCOMFORTABLE ABOUT ISSUING A PENALTY FOR A SITUATION THAT DOESN'T SEEM TO BE CAUSING A REAL PUBLIC ISSUE AND ALSO DOES NOT SEEM TO BE YOUR FAULT.

MADAM CHAIR.

OH, I WAS GOING TO CLARIFY SOMETHING, BUT GO AHEAD.

I THINK YOU, YOU'RE ABOUT TO SAY THE SAME THING.

WELL, I WAS ACTUALLY JUST SEEKING RECOGNITION TO MAKE A MOTION.

I WAS GONNA PROPOSE THAT WE, WELL, I WAS GONNA MOVE THAT WE CLOSE THE PUBLIC HEARING, UH, BECAUSE I THINK THE CONVERSATION HAS ALREADY DRIFTED INTO DISCUSSION AND AWAY FROM Q AND A.

SO I SO MOVED.

I'LL SECOND.

ALRIGHT, SURE.

MR. MOORE.

GO AHEAD.

DIVISION MANAGER, ROBERT MOORE.

UM, YOU ARE NOT HERE TO, UM, RECOMMEND AN ORDER OR A PENALTY OR ANYTHING LIKE THAT.

WE'RE HERE BECAUSE OF AN APPEAL, AND SO WE JUST NEED THE COMMISSION TO EITHER SAY, YES, THERE IS A VIOLATION OR NO, THERE'S NO PENALTIES, THERE'S NO ORDERS, THERE'S NO NOTHING LIKE THAT.

RIGHT.

THANK YOU FOR CLEARING THAT UP.

THAT, THAT'S WHAT I WAS ABOUT TO SAY.

THAT

[00:55:01]

TONIGHT'S, UM, APPEAL IS ABOUT THE NOTICE OF VIOLATION ITSELF.

WE'RE NOT YET HEARING THE ACTUAL VIOLATIONS, SO THAT'S WHY I WAS GIVEN MR. UM, GUTTER SOME HINTS, THINGS THAT HE CAN PREPARE AHEAD WHEN THERE IS AN ACTUAL MEETING AND THIS PARTICULAR CASE COMES ON THE AGENDA.

OKAY.

DO YOU UNDERSTAND, UM, IF, IF YOU COULD JUST GO OVER VERY QUICKLY WHAT EXACTLY, UM, YOU SAID, UM, UH, CONSULTING WITH THE, THE PERMITTING PROCESS AND THERE WAS ONE MORE THING.

UM, I JUST SUGGESTED THAT IT MIGHT BE NICE TO KNOW ALL YOUR OPTIONS.

OKAY.

SO IF YOU GO IN THERE AND ASK THEM, HOW CAN I MAKE THIS, UM, HOW CAN I CORRECT THIS THING THAT I DIDN'T CAUSE BUT IT'S, IT'S FALLING ON MY LAP RIGHT NOW.

SO THEY MIGHT HAVE A PROCESS THAT YOU CAN RETROACTIVELY GET THIS THING PERMITTED, OR WORST CASE SCENARIO YOU MIGHT HAVE TO MOVE THINGS AROUND A LITTLE AND AT THAT POINT, MAYBE GET SOME BIDS FROM CONTRACTORS TO ACTUALLY SHOW US SO THAT WE ARE NOT JUST SPECULATING AT THAT POINT, BUT TONIGHT NOTHING'S HAPPENING.

THIS IS A NOTICE THAT I BELIEVE, UH, YOU KNOW, WE'RE GOING TO TAKE A VOTE TONIGHT ON IT BECAUSE OUR HANDS ARE TIED DEPENDING ON WHETHER A NOTICE OF VIOLATION WAS VALID OR NOT.

THAT'S ALL THAT'S HAPPENING TONIGHT, SO YOU STILL HAVE TIME TO FIND OUT ALL THE OPTIONS.

DOES THAT MAKE SENSE? YEAH.

OKAY.

SO WE HAVE A MOTION FROM COMMISSIONER SOAD TO CLOSE THE PUBLIC PART OF THE HEARING, UM, AND THEN THE COMMISSIONERS WOULD MAKE A DECISION.

AND WE HAVE A SECOND BY COMMISSIONER FRANCIS.

OKAY.

IS ANYBODY OPPOSED TO THAT OR SHALL WE? OKAY.

DO WE VOTE ON THIS? WE DON'T VOTE ON THIS PART.

DO WE? CLOSING THE PUBLIC PART OF THE HEARING? THERE'S NO NEED TO DO A ROLL CALL VOTE.

YOU CAN JUST, IF IS ANYBODY OPPOSED AND HEARING IS ANYONE OPPOSED? NO.

OKAY.

GREAT.

ALL RIGHT.

UM, CAN I JUST GIVE SOME ADVICE TO THE GENTLEMAN BEFORE WE MOVE ON? SURE.

GO AHEAD.

OKAY.

YOU'RE GONNA WANT TO EMAIL JESSICA COHEN, SHE'S THE CHAIR OF THE BOARD OF ADJUSTMENTS.

JUST TELL HER I TOLD YOU TO REACH OUT TO HER.

I'M FRIENDS WITH HER EMAIL.

UH, COUNCILMAN RYAN ALTER.

I'M, I'M SORRY, COMMISSIONER.

WE, WE CAN'T HAVE EX PARTE COMMUNICATIONS BETWEEN, UM, MEMBERS OF THE BOARD OR OF ANY COMMISSION WITH, UM, POTENTIAL APPLICANTS.

UM, THERE'S NO EX PARTE COMMUNICATIONS, SO SOUNDS GOOD.

PLEASE DO NOT REACH OUT DIRECTLY TO THE CHAIR.

PLEASE REACH OUT TO THE BOARD LIAISON.

UM, AND IF YOU HAVE ANY QUESTIONS, THANK YOU.

DON'T COMMIT CRIMES.

THANK YOU, COUNSEL.

YES.

WE HAVE TO KEEP THE CONFLICT OF INTEREST, SITUATION EXACTLY CLEAR.

THANK YOU, COUNSEL .

ALL RIGHT.

UM, COMMISSIONER CAMPBELL.

UH, WELL CERTAINLY, YOU KNOW, THAT KIND OF ASIDE, IT, IT SEEMS LIKE TONIGHT, UH, IT WOULD BE PRUDENT TO, UH, DENY THE APPEAL.

THAT DOESN'T MEAN THAT WE'RE IMPOSING A CIVIL PANEL KEY AT THIS TIME, BUT CERTAINLY I WOULD, I WOULD JUST HOPE THAT EVERYONE ELSE ON THE COMMISSION WOULD, UH, TRY AND GIVE MR. KARE SOME TIME AS THAT DOES COME UP.

BUT CERTAINLY IT SEEMS LIKE THE VIOLATION IS CORRECTLY NOTED AND, UH, WAS THE, THE NOTICE SEEMS VALID ESSENTIALLY, BUT I HOPE THAT WHEN THIS ACTUALLY COMES UP, WE WILL TRY AND GIVE A LOT OF LENIENCY INTO SPACE.

THANK YOU.

COMMISSIONER CAMPBELL.

NOTED.

COMMISSIONER FRANCIS.

I HAVE STAFF.

OH, IS IT COMMISSIONER SEK? DO YOU, OH, MR. MOORE.

I JUST HAD HEARD SOMETHING EARLIER.

I MEAN, YOU'LL NEVER SEE THIS CASE AGAIN.

I MEAN, IF WE CHOOSE TO PURSUE IT, IT WOULD BE WITHIN THE MUNICIPAL COURT OR THE ADMINISTRATIVE HEARING REALM.

UM, WORK WITHOUT PERMIT CASES, DON'T COME TO THE BUILDING OF STANDARDS COMMISSION.

THANK YOU.

THANK YOU.

YES.

THAT'S A GOOD POINT.

SO THIS IS REALLY ALL WE CAN DO WITHIN THE SCOPE OF TONIGHT'S, UM, APPEAL, BUT WE HAVEN'T MADE A DECISION YET.

GO AHEAD, COMMISSIONER FRANCIS.

I MOVE, MAKE A MOTION TO DENY THE APPEAL.

OKAY.

SECOND, WE HAVE A MOTION TO DENY THE APPEAL.

AND A SECOND, ANY FURTHER DISCUSSIONS OR SHOULD I CALL THE VOTE? I'LL CALL THE VOTE.

COMMISSIONER SEK.

I AYE.

OKAY.

COMMISSIONER SUG.

AYE.

COMMISSIONER STAN AYE.

AND, UM, RELUCTANTLY IN FAVOR, AND COMMISSIONER FRANCIS AYE.

COMMISSIONER CAMPBELL? AYE.

COMMISSIONER OLUGO? AYE.

OKAY, THANK YOU VERY MUCH.

THANK

[01:00:01]

YOU MR. ARIA, AND I WISH YOU ALL THE LUCK.

THE BEST OF LUCK WITH THE PROPERTY.

THANK YOU.

MM-HMM, ITEM NUMBER

[4. Case Number: CV 2023-125026]

FOUR ON THE AGENDA IS AN APPEAL REGARDING 8 1 0 3 FORBES DRIVE.

THE CASE NUMBER IS CV 20 23 25 26.

THE CASE CAN BE FOUND IN THE BLUE BOOKS IN YOUR READERS OR GOOGLE DRIVE FOLDER.

THIS APPEAL BEGAN AS A COMPLAINT ABOUT STRUCTURE MAINTENANCE CONDITIONS AT THE PROPERTY, WHICH WERE CONFIRMED BY DEVELOPMENT SERVICES DEPARTMENT AND LED TO THE CITATION OF AN ADDITIONAL CODE VIOLATION.

THE OWNER FILED AN APPEAL OF THE NOTICE OF VIOLATION, WHICH IS WHY WE ARE HERE TONIGHT.

HERE ARE SOME FACTS ABOUT THE CASE.

THE INITIAL COMPLAINT DATE IS SEPTEMBER 25TH, 2023.

THE NOTICE OF VIOLATION INCLUDED TWO STRUCTURE MAINTENANCE VIOLATIONS AND ONE PROPERTY ABATEMENT VIOLATION IN YOUR READERS OR GOOGLE DRIVE FOLDER, YOU'LL FIND STAFF'S EXHIBITS ONE AND TWO.

EXHIBIT ONE CONTAINS THE PROPERTY OWNER'S APPEAL LETTER, THE COMPLAINING CASE HISTORY, A COPY OF THE TRAVELS, TRAVIS CENTRAL APPRAISAL DISTRICT RECORD, AFFIRMING OWNERSHIP MAPS OF THE PROPERTY, THE REQUIRED NOTICES OF HEARING, PROOFS OF MAILING AND POSTINGS, AND EXHIBIT TWO, WHICH CONSISTS OF PHOTOGRAPHS MARKED AS EXHIBITS TWO A THROUGH TWO E, AND DEVELOPS DEVELOPMENT SERVICES.

RECOMMENDATION INSPECTOR SANDY VAN CLEVE IS HERE TO PRESENT THE CITY'S CASE AND WILL TESTIFY TO THE SPECIFICS PRIOR TO THE APPEAL.

INSPECTOR VAN CLEVE, PLEASE BEGIN YOUR TESTIMONY.

GOOD EVENING, MADAM CHAIR AND COMMISSIONERS.

MY NAME IS SANDY VAN CLEVE AND I AM THE ASSIGNED CODE OFFICER FOR THIS CASE THIS EVENING.

UH, THIS COMPLAINT ORIGINATED ON SEPTEMBER 26TH, 2023 THROUGH A THREE ONE ONE CALL CONCERNING THE FENCE THAT HAD FALLEN DOWN AT A SINGLE FAMILY RESIDENTIAL PROPERTY LOCATED AT 81 0 3 FORBES DALE DRIVE.

I INSPECTED THE PROPERTY ON SEPTEMBER 26TH, 2023 AND DID OBSERVE A PORTION OF THE FENCE WAS MISSING.

HOWEVER,