May 13, 2024 Board of Adjustment

UH, LET'S GO WITH TOMMY YATES.

HERE.

JEFFREY BOWEN.

HERE.

MELISSA HAWTHORN? HERE.

I AM DEFINITELY HERE.

BRIAN POTE? HERE.

JANELLE VAN HERE.

SUZANNE VALENTINE HERE.

AND I WOULD LIKE TO WELCOME OUR NEWEST APPOINTED MEMBER FROM DISTRICT TWO, BIANCA.

AH, MEINA.

LEAL.

DID I SAY THAT CORRECTLY? HOPEFULLY YES.

HERE.

FEEL FREE TO SAY HELLO.

GIVE SOME WORDS IF YOU'D LIKE.

OH, SURE.

THANK YOU SO MUCH.

UH, MY NAME IS BIANCA MEDINA LIAL.

THE A IS THE MIDDLE NAME INITIAL .

I AM REPRESENTING COUNCIL MEMBER FUENTES AND DISTRICT TWO, AND I'VE BEEN ON A COUPLE OF BOARDS IN THE PAST AND AM LOOKING FORWARD TO REPRESENTING THIS DISTRICT AND, UM, CONTRIBUTING TO OUR GREAT CITY OF AUSTIN.

THANK YOU FOR JOINING THE BOARD OF ADJUSTMENT.

UH, IS THERE ANY PUBLIC COMMUNICATION? ELAINE? NO.

NONE.

[APPROVAL OF MINUTES]

LET'S START WITH ITEM ONE, THE APPROVAL OF THE MINUTES.

UH, APPROVE THE MINUTES OF THE BOARD OF ADJUSTMENT REGULAR MEETING ON MARCH 11TH, 2024, AND THE SPECIAL CALL MEETING ON FEBRUARY 22ND, 2024.

DO I HAVE A MOTION? MOVE APPROVAL.

SECOND.

I HAVE A MOTION TO APPROVE MADE BY BOARD MEMBER BOTTE WITH A SECOND BY VICE CHAIR HAWTHORNE.

AND BIANCA MEDINA? YES.

AND SUZANNE VALENTINE? YES.

SUPER.

MADAM, MADAM CHAIR.

UH, MADAM CHAIR TOMMY YATES WAS NOT VISIBLE DURING THAT.

TOMMY, WE'RE NOT SEEING YOUR VIDEO AGAIN.

CAN YOU SEE ME NOW? YES, WE CAN.

I APOLOGIZE.

IT'S OKAY.

CAN YOU JUST SAY YES AGAIN WHILE ON CAMERA, PLEASE? YES.

SO WE KNOW YOU'RE NOT BEING HELD AT GUNPOINT TO APPROVE THE MINUTES.

THE SECOND SLIDE IS SHOWING YOU, UM, WHAT THE EXISTING CONDITIONS ARE.

THAT PASSES UNANIMOUSLY.

[2. C15-2024-0013 Bhavani Singal for Veronica Lew 3701 Robbins Road]

THIS IS DISCUSSION ACTION ON C 15 20 24 0 0 1 3.

PNI SINGAL FOR VERONICA LOU 3 7 0 1 ROBINS ROAD.

MS. INGAL, IF YOU COULD STEP UP TO THE PODIUM.

STATE YOUR NAME FOR THE RECORD, PLEASE.

SURE.

AND YOU WILL HAVE FIVE MINUTES.

YEP.

UM, MY NAME IS PAANI SINGLE.

I AM THE ARCHITECT FOR THE PROJECT AND HERE, UM, REPRESENTING THE CLIENTS.

UM, THIS IS THE LOU FAMILY RESIDENCE.

WE'VE BEEN HERE BEFORE FOR A VARIANCE FOR THEIR HOME.

UM, NOW WE ARE HERE FOR THEIR BOAT DOCK.

UM, THAT IS AN EXISTING NON-COMPLIANT STRUCTURE THAT WAS BUILT BEFORE 1984.

UM, UH, DO WE HAVE THE PRESENTATION? DO YOU GUYS HAVE THE PRESENTATION VISIBLE? YEAH.

OH, THANK YOU.

UM, SO JUST TO KIND OF ORIENT YOU, UM, ON THE SITE,

[00:05:01]

THIS IS CURRENTLY HOW THE BOAT DOCK EXISTS.

IT'S TOO SHORT.

UM, FROM THE WATERLINE TO THE BOTTOM OF THE DECK IS NOT ENOUGH HEIGHT.

IT'S ABOUT SEVEN FEET.

SO WE CAN'T REALLY USE IT FOR MODERN DAY BOATS.

UM, AND IT'S COMING APART.

IT NEEDS TO BE REBUILT.

UM, AT FIRST WE THOUGHT WE COULD JUST REBUILD IT AS IS, BUT AFTER WE SAW THE CONDITION IT'S IN, IT NEEDS TO JUST BE TAKEN DOWN AND REBUILT.

AND WE'RE HOPING TO BE ABLE TO REBUILD IT IN ITS CURRENT LOCATION BECAUSE THE IMPACT OF MOVING IT INTO THE 10 FOOT SETBACK IS GONNA HAVE, UM, ENVIRONMENTAL, THE WETLANDS WILL GET IMPACTED IN THE AIR IN, UM, RIGHT IN FRONT OF THE PROPERTY AGAINST THE, THE EDGE OF THE WATER.

UM, A FEW NEW PIECES THAT WE'VE BEEN ABLE TO GATHER SINCE WE SUBMITTED THIS PRESENTATION IS A LETTER FROM THE NEIGHBOR SUPPORTING THE CONSTRUCTION OF THIS BOAT DOCK BECAUSE HE WANTS TO DO THE SAME ON HIS SIDE.

AND THE SECOND ITEM THAT WE HAVE GOTTEN IS AN ARBORIST REPORT THAT SAYS THAT IT IS AN ARIZONA ASH.

IN FACT, THAT IS ON ITS WAY OUT.

IT'S AT, AT THE END OF ITS, UM, LIFESPAN.

UM, SO THIS IS KIND OF GIVING YOU THE EXISTING CONTEXT.

AND THEN FOR THE NEXT SLIDE WE'RE TRYING TO SHOW, UM, WHAT WOULD IT DO TO THE WETLANDS IF WE DID MAKE IT CODE COMPLIANT.

SO THE TOP IMAGE IS SHOWING YOU WHAT WE PLAN ON DOING IN THE CURRENT LOCATION, UM, BASICALLY REBUILDING IT IN THE EXISTING FOOTPRINT.

AND THEN THE SECOND ONE IS SHOWING YOU WHAT IT WOULD IMPACT THE WETLANDS BY LIKE 43 SQUARE FEET, UM, IF WE SHIFTED THE, UM, BOAT DOCK OVER THE NEXT SLIDE.

UM, AND THEN OF COURSE WE'VE MET WITH SEVERAL ENGINEERS ALL TRYING TO PROVE THAT IT WILL HAVE SIGNIFICANT IMPACT ON THE WETLANDS.

AND WE'VE SPOKEN WITH, WE'VE ENGAGED ENVIRONMENTAL ENGINEERS, UM, A BOAT DOCK ENGINEER, AND THEN SPOKEN WITH, UM, SEVERAL CITY OF AUSTIN, UM, FOLKS IN THE WATERSHED DEPARTMENT, ET CETERA.

AND THEY ALL AGREE THAT MOVING THE BOAT DOCK WOULD IMPACT THE, UM, THE WETLANDS IN THE AREA.

UM, SO THIS IS A CRITICAL ENVIRONMENTAL FEATURE MAP THAT WE GOT FROM OUR, UM, ENVIRONMENTAL ENGINEER.

AND IT'S TRYING TO SHOW US THE WETLANDS ONE AND TWO THAT EXIST CURRENTLY ON THE SITE.

THE NEXT SLIDE IS SHOWING YOU SOME PHOTOGRAPHS OF THE, OF THE WETLANDS THAT WE'RE TRYING TO PROTECT.

UM, THE MAP ON THE TOP RIGHT CORNERS, BASICALLY IDENTIFYING THE POINTS WHERE THE PHOTOGRAPHS ARE TAKEN.

SO ONE AND TWO ARE, UM, YOU KNOW, DIRECTLY REFERENCING PHOTOGRAPH ONE, PHOTOGRAPH TWO.

AND UM, IT, WE HAVE LISTED ELEPHANT EAR, UM, MEXICAN PRIMROSE WILLOW.

THESE ARE JUST A FEW OF THE SPECIES THAT WE'RE TRYING TO PROTECT.

UM, THE NEXT SLIDE WE'LL SHOW YOU, UM, MORE PHOTOS OF THE WETLANDS, WHICH IS NUMBER THREE.

THE, IF YOU FOLLOW DOT THREE, THAT'S SHOWING YOU, UM, MORE ELEPHANT EAR.

AND THEN PHOTOGRAPH FOUR IS SHOWING A GENERAL VIEW OF THE SITE CONDITION NEAR LAKE AUSTIN.

ON THE NEXT SLIDE, FIVE AND SIX MORE CONTEXT OF THE SITE.

UM, THE NEXT SLIDE, AND THIS IS WHAT WE ARE PROPOSING, UM, ELEVATED, UM, BOAT DOCK SO THAT WE CAN BE ABLE TO HOUSE A PROPER BOAT.

SLIPS HAVE BEEN MADE WIDER AND IT'S ALL WITHIN THE FOOTPRINT.

SO WE'RE REARRANGING THE EXISTING CONCRETE WALKWAY TO MAKE IT A LITTLE BIT NARROWER, UM, TO ALLOW WIDER BOAT SLIPS.

AND THEN TRYING TO KEEP THE CURRENT CONCRETE STEPS DOWN TO THE WATERLINE AND THE BULKHEAD IN ITS CURRENT LOCATION WITHOUT REMOVING THEM.

SO HENCE REDUCING THE IMPACT ON THE WETLANDS.

AND THAT'S IT.

UH, WITH 12 SECONDS TO SPARE.

YEP.

IS THERE ANY OPPOSITION? SEEING NONE.

LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND OPEN IT UP TO QUESTIONS.

BOARD MEMBER BOWEN, I JUST HAVE A COMMENT.

THANK YOU FOR ADDING AN ELEVATION.

SURE.

BECAUSE WE GET A LOT OF STUFF UP HERE AT TIMES TO WHERE IT REALLY HELPS TO HAVE PICTURES FOR THOSE OF US THAT, THAT DO BUILD THINGS TO MAKE SURE THAT WE'RE TRYING TO GET UNDERSTANDING.

BUT I WANTED TO TELL YOU, THANK YOU VERY MUCH FOR THE, FOR THE ELEVATION SHOT.

IS IT AND CAN IT NOT BE DREDGED OR, UM, IS THERE, THERE ARE ENVIRONMENTAL CONCERNS ABOUT DREDGING IT OR NO? THERE, SO FAR NOTHING HAS BEEN BROUGHT TO OUR ATTENTION BY ENGINEERS.

I DID HAVE A QUESTION REGARDING THE, THE ISSUE WITH THE WATER DEPTH NEAR THE DOCK.

UH, HOW SHALLOW

[00:10:01]

SO, SO HOW SHALLOW IS IT OR IS IT THE HEIGHT THAT'S BECOME A PROBLEM? UM, IT'S THE HEIGHT BECAUSE IT'S THE HEIGHT.

HEIGHT.

IT'S JUST, IT'S OLD.

THEY DON'T, BOATS WEREN'T AS FANCY AND STYLING .

WHAT HAVE A 76 CHRIS CRAFT? THAT WOULD PROBLEM.

NO, PROBABLY WOULDN'T.

IT'S JUST THE HEIGHT OF THAT ROAD DOCK.

BIGGER BOAT.

SHE'S NOT, I MEAN, THEY'RE NOT ASKING DREDGES USUALLY TO PULL IT OUT FARTHER.

, WE HAD TO DRED OUR DOCK LIKE UNDERNEATH IT 'CAUSE THE KEEL WAS TOO DEEP.

KEPT HITTING MUD TILT, MAKE A MOTION FOR APPROVAL AND SECONDED BY I'LL SECOND.

SECONDED BY BOARD MEMBER BOWEN.

SORRY MARCEL.

HE BEAT YOU TO IT.

ALRIGHT.

ANY OTHER DISCUSSION? BUT I HAVE TO SAY, I AM PRETTY OLD FASHIONED, SO I APPRECIATE THE HAT REMOVAL.

MS. BAKER WOULD'VE I I NOTICED IT WAS ON WHEN I SAW MYSELF, SO I TOOK IT OFF.

MS. BAKER WOULD'VE HAD A MOMENT, BUT, OKAY.

REASONABLE USE ZONING AND REGULATIONS APPLICABLE TO PROPERTY DO NOT ALLOW FOR A REASONABLE USE AS THE EXISTING BOAT DOCK WAS ERECTED SOME TIME AGO, AND IT DOES NEED TO BE REPLACED.

AND AS BOTH IT AND THE NEIGHBORING BOAT DOCK ARE ADJACENT TO EACH OTHER AND IN THE SETBACK, UM, STRICT COMPLIANCE TO THE CODE TO RELOCATE, IT WOULD AFFECT EN ENVIRONMENTAL IMPACT AS OPPOSED TO JUST LEAVING IT WHERE IT'S THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY.

AS THE BOAT DOCK HAS BEEN IN THE SAME LOCATION FOR MORE THAN 40 YEARS AND THE WETLANDS ARE, ARE VERY WELL ESTABLISHED NEXT TO IT.

THE HARDSHIP IS NOT GENERAL AREA IN WHICH THE PROPERTY IS LOCATED.

AS A LOT OF THE SURROUNDING PROPERTIES HAVE ADJACENT COMPLYING BOAT, DOCKS AREA CHARACTER, THE VARIANCE WILL NOT ALTER THE CHARACTER.

THE AREA ADJACENT TO THE PROPERTY WILL NOT IMPAIR THE USE OF ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED.

AS DOCK WILL BE IN THE SAME LOCATION.

THE NEIGHBOR ALSO HAS A DOCK ALL ON THAT SHARED LOT LINE AND REBUILDING IT IN THE SAME LOCATION WILL NOT ALTER THE CHARACTER OR THE USE OF THE PROPERTY.

THE END AGAIN, THIS IS A MOTION TO APPROVE MADE BY VICE CHAIR HAWTHORNE.

SECONDED BY BOARD MEMBER BOWEN.

AND SUZANNE VALENTINE? YES.

YOUR VARIANCE IS GRANTED.

REMAIN, UH, FIVE FOOT ON THE RIGHT PROPERTY LINE OR THE EASTERN PROPERTY LINE.

MOVING

[3. C15-2024-0015 David Chace for Chris and Shannon Renner 1306 Rockcliff Road]

ON.

ITEM THREE C 15 20 24 0 0 1 5 DAVID CHEESE FOR CHRIS AND SHANNON RENNER.

1 3 0 6 ROCKCLIFF ROAD.

UH, MY NAME'S DAVID CHASE.

I'M REPRESENTING THE PROPERTY OWNER AT 1306 ROCKCLIFF ROAD.

UH, WE'RE SEEKING A, UH, THREE SETBACK VARIANCES FOR AN EXISTING SINGLE FAMILY RESIDENCE TO BE REPLACED.

UM, I'LL, I HAVE A LOT OF DATA IN MY PACKET, UM, BUT WHAT I'D LIKE TO DO IS RUN THROUGH THE POWERPOINT AND PERHAPS RUN BACK THROUGH SOME IMAGES TO ORIENT YOU WITH THE PROPERTY SO YOU CAN UNDERSTAND WHAT'S HAPPENING OUT THERE.

SO WE'RE ASKING FOR A PARTIAL FRONT SETBACK REDUCTION ON THE 40 FOOT FOR A PORTION OF IT TO BE REDUCED DOWN TO 20 FOOT FOR THE FRONT, UH, PROPERTY LINE TO

[00:15:01]

AND TO REDUCE THE 25 FOOT SHORELINE SETBACK AROUND THE CUT AND SLIP ONLY, WHICH IS HOUSED WITHIN AN EXISTING NONCOMPLIANT ATTACHED BOATHOUSE DOWN TO ZERO BECAUSE THE 25 FOOT MEASUREMENT FROM THAT POINT ENCROACHES INTO THE HOUSE.

SO THIS IS THE PLAT.

IT'S A 1950S ERA RESIDENCE BUILT ON ROCKCLIFF ROAD.

IT WAS ANNEXED IN 1968.

IT WAS, UM, UH, BROUGHT INTO THE CITY IN 68, PLATTED IN 77, 78.

THE IMAGE ON YOUR LEFT SHOWS THE TRUE BUILDABLE AREA WITH THE FRONT 40 FOOT SETBACK, THE 25 FOOT REAR SHORELINE SETBACK.

AND THE 10 FOOT SIDE SETBACKS ARE APPLICABLE UNDER, UH, LA ZONING.

THE LARGE CIRCLE AT THE TOP OF THAT TO THE LEFT ADJACENT TO THE, UH, LAKE IS THE TREE, UH, PROTECTED TREE.

AND YOU CAN SEE THE UNUSUAL Y FOOTPRINT OF THE ORIGINAL 1958 STRUCTURE.

UH, SO THAT GREEN AREA IS REALLY THE BUILDABLE AREA INSIDE THE SETBACKS.

AND ON THE RIGHT, THE GREEN AND THE BROWN IS WHAT'S CALLED THE NET SITE AREA.

WHEN YOU CALCULATE THE LA ZONING, UM, IMPERVIOUS COVER METHODOLOGY PER THE CODE AND THE PINK IS WHAT IS THE BOAT DOCK IN THAT IMAGE PLUS THE 25 FOOT SETBACK FROM THE BOAT DOCK.

THIS IS A COPY OF THE NOTES THAT I TOOK WHEN I MET WITH STAFF PRIOR TO FILING FOR THE VARIANCE.

THE YELLOW, UH, SIMPLY OUTLINES THE PROPOSED VARIANCES.

UH, SO THE PARTIAL REDUCTION, UH, FROM 40 TO 20 ON THE FRONT, UH, FIVE FOOT ON THE RIGHT SIDE OF THAT IMAGE.

UM, THE YELLOW AROUND THE BOAT SLIP, UH, INSIDE THE BOAT SLIP COVER, UH, IS THE REDUCTION FROM 25 TO ZERO WHILE THE RE THE REST OF THE SHORELINE 25 FOOT SETBACK REMAINS AS IS.

AND OF COURSE, 10 FOOT ON THE SIDE, ON THE LEFT SIDE TO REMAIN AS IS.

UM, I CAN COME BACK TO THESE.

UH, HERE'S AN EXISTING SETBACK, UH, AND IMPROVEMENT.

YOU CAN SEE THE HOUSE AND THE Y SHAPE.

UH, THE DRIVEWAY IS ALL THE WAY TO THE RIGHT, THE HOUSE AND THE ATTACHED CAR CARPORT AND, UH, ATTACHED, UH, BUTT HOUSE BEHIND IT, OVER THE WATER, UM, ARE ALL ORIGINAL AND OBVIOUSLY WITHIN THE RED, WHICH IS THE 25 FOOT SHORELINE.

THE GREEN IS THE SIDE AND FRONT SETBACKS, AND OF COURSE WE HAVE TREE FRONT AND REAR.

AND WE HAVE A SEPTIC FIELD TO THE LEFT IN THE, UH, FRONT YARD.

THIS IS THE PROPOSED SETBACKS WITH THE SAME FOOTPRINT.

SO WE WANT TO TAKE THE HOUSE DOWN 100% AND PUT IT BACK IN THE SAME LOCATION WE WANT.

WE'RE NOT TOUCHING THE ATTACHED DOCK OR THE CUT IN SLIP OR THE MANMADE SLEW THAT PROVIDES ACCESS TO THE MAIN BODY OF THE LAKE.

WE JUST WANT TO TAKE THE HOUSE DOWN AND PUT IT BACK IN WHERE IT'S, UH, CURRENTLY, UH, LOCATED.

AND SO HERE'S JUST SOME CALL OUTS, THE HERITAGE TREES, THE, UH, SEPTIC FIELD, UH, AGAIN, THE LOCATION OF, UH, OF THE FOOTPRINT OF THE HOUSE, THE PERIMETER OF THE HOUSE.

YOU CAN SEE THE CURVED LINE SHOWING THE 25 FOOT MEASUREMENT AND HOW MUCH IT, IT, IT ENCROACHES OR THE HOUSE ENCROACHES INTO THAT SETBACK, WHICH DID NOT EXIST.

THE SETBACK DID NOT EXIST WHEN THE HOUSE WAS BUILT.

IT WAS APPLIED THROUGH LA ZONING IN THE EARLY EIGHTIES.

AND BEFORE THAT IT WAS CHAPTER 13 ZONING, WHICH WAS SIMPLE GROSS SLOT AREA, 10 FOOT REAR SETBACK, FIVE FOOT SIDE SETBACKS, 25 FOOT SETBACK FRONT.

THE HOUSE CURRENTLY SITS ABOUT 23 FEET AT ITS CLOSEST POINT FROM THE FRONT PROPERTY LINE ON ROCKCLIFF.

HERE'S SOME IMAGES OF, UH, RANDOM, UH, VARIANCES APPROVED, UH, RIVER CREST NEIGHBORHOOD ON THE RIGHT SIDE.

UH, THE, UH, ROCKCLIFF AND CHANNEL LANE AREA AND THE TORTUGA TRAIL LANE TORTUGA TRAIL AREA ACROSS THE LAKE.

UH, JUST RANDOM 27 ODD VARIANCES APPROVED BY THIS, BY THIS COMMITTEE FOR, UH, AN ARRAY OF ISSUES THAT ARE VERY SIMILAR.

HERE'S A IMAGE OF THE HOUSE FROM THE LAKE.

UH, THAT'S TIME.

OH, I'M SORRY.

THAT'S AN EV EMAIL THE DINGS INSTEAD OF A BUZZER.

OH, I'M SO SORRY.

THAT'S OKAY.

WELL, UH, IF YOU COULD JUST WRAP IT UP IN ONE SENTENCE.

YES, MA'AM.

UM, CAN I TAKE IT TO THE LAST SLIDE AND JUST LEAVE IT THERE VISUALLY? SURE.

SO YOU CAN SEE IT.

UM, AND I'M HAPPY TO GO BACK THROUGH THIS.

UH, THIS LAST SLIDE I THINK CAPTURES

[00:20:04]

SO REASONABLE USE ARE, THANK YOU.

ADVERSE IN OUR, UH, OKAY.

IS THERE ANY OPPOSITION? OKAY.

YOU'RE SEEING NONE.

LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND OPEN IT UP TO QUESTIONS.

THE VICE CHAIR HAWTHORNE.

WELL, I'M NOT REALLY SURE HOW TO SAY, UH, MR. CHASE, YOU'RE CONFUSING ME.

UM, BUT, SO I DON'T HAVE AN ISSUE WITH THE CUT IN OF, UH, ZERO FEET.

BUT IF YOU'RE TAKING THE HOUSE COMPLETELY DOWN THE FRONT SETBACK, I WAS JUST A LITTLE, I MEAN MEAN, 'CAUSE YOU HAVE A HERITAGE TREE ON THAT SIDE, WHY COULDN'T YOU, INSTEAD OF HAVING THE STRANGE SHAPE THAT THE HOUSE CURRENTLY IS, IF IT'S NOT GONNA BE THERE ANYMORE, WHAT IS THE TIE TO THE FRONT SETBACK? WELL, THAT LEFT SIDE OF THE HOUSE, UH, WHEN WE'RE FACING IT FROM THE STREET, UM, ENCROACHES SUBSTANTIALLY INTO THE 40 FOOT SETBACK.

AND WE, UH, WE DON'T HAVE MUCH, WE CAN'T MOVE ANY FURTHER TO THE LEFT BECAUSE OF THE SEPTIC OR THE HERITAGE TREE.

AND WE SIMPLY JUST WANT TO REPLACE IT MORE LIKE 99% OF THE EXISTING FOUNDATION AND, AND, UH, LOCATION OF, OF THE HOUSE WITH THE EXCEPTION OF ROUNDING SOME EXTERIOR CORNERS HERE AND THERE.

WE WANT TO PUT IT BACK IN THE SAME LOCATION.

SO YOU'RE KEEPING THE FOUNDATION.

WELL, I THINK WE HAVE TO REPLACE IT BECAUSE OF ITS AGE.

WELL, STEVE REPLACE IT.

WE HAVE TO, WE HAVE TO REPLACE IT.

WE HAVE TO RIP IT OUT RIGHT.

AND PUT IT BACK.

AND EVEN IF WE, UH, AS OPPOSED TO A BLANK SLATE WHERE IT WAS LIKE 1230 ROCK CLIFF IS TWO LOTS OVER VACANT LOT.

THERE'S SOME LATITUDE TO MOVE.

THAT VARIANCE WAS GRANTED IN DECEMBER OF 2020, I BELIEVE, UM, FOR A SHORELINE SETBACK.

UH, WE JUST WANT TO PUT THE HOUSE BACK WHERE IT IS.

AND THE ONLY WAY TO DO THAT IS THROUGH SETBACK VARIANCES.

AND WE THOUGHT THAT THE PARTIAL SETBACK VARIANCES ON THE FRONT MAINTAIN THE FIVE THAT'S BEEN IN THAT WASN'T LEGALLY ALLOWED UNTIL 2014, UH, CODE AMENDMENT AND REDUCE AROUND THE, THE CUT IN WOULD BE THE SIMPLEST WAY TO EFFECTUATE THAT CHANGE.

SO ALLOWING THAT FRONTAGE, I MEAN, IF YOU WERE TO USE SETBACK AVERAGING, WOULD THIS BE NORMAL OR WOULD THIS BE CLOSER? THAT STREET HAS A, UH, A A, AN ARRAY OF MEASUREMENTS OF HOUSES THAT ARE ALL KINDS OF DISTANCES, UH, TO MEASURED FROM THE STREET.

UM, THERE ARE MULTIPLE HOUSES OF DIFFERENT KINDS OF SHAPES AND SIZE AND AGES IN PROXIMITY, UH, TO BOTH THE SHORELINE AND THE FRONT PROPERTY LINE.

UM, UH, UH, TECHNICALLY I DON'T, I DON'T KNOW IF YOU'RE ASKING THIS, BUT TECHNICALLY WE CANNOT SET BACK AVERAGE THERE.

OH, I KNOW.

I'M JUST ACT ASKING VISUALLY, OH, IS THIS GOING TO BE AREA CHARACTER? ABSOLUTELY.

IS THIS GOING TO BE YES.

SOMETHING THAT IS YES MA'AM.

I, I, I BELIEVE SO.

I'VE, I'VE PERSONALLY REPRESENTED SEVERAL CASES ON ROCKCLIFF ALL THE WAY DOWN THROUGH CHANNEL LANE, WHICH CONNECTS ALL THAT TO THE COUNTRY CLUB.

AND, UH, THERE ARE 12, 15,000 SQUARE FOOT HOUSES.

THERE ARE HOUSES LIKE THIS THAT ARE PROPOSED TO BE, THAT ARE EXISTING 2,500.

WE'RE PROPOSING TO PUT UP A TWO STORY AT APPROXIMATELY 5,500, 5,000 SQUARE FOOT ON THE EXISTING FOOTPRINT.

I WOULD SAY YES, IT'S VERY IN KEEPING, IN FACT, THE HOUSE NEXT TO US SITS ON A HIGHER GRADE.

IT'S TWO STORY WITH A BUMP OUT COVERED CARPORT.

AND, UM, I, I WOULDN'T SAY THAT IT OVERSHADOWS THIS PROPERTY, BUT IT'S CERTAINLY IS HIGHER.

AND THE PICTURES REFLECT THAT WHEN, WHEN WE TOOK THE PICTURE FROM THE LAKE, YOU COULD SEE THE HOUSE THAT'S HIGHER.

AND SO IT WOULD CERTAINLY BE IN KEEPING, AND AGAIN, IT WOULD ONLY BE JUST THAT ONE PORTION OF THE LEFT SIDE BECAUSE THEY ARE KEEPING THE SAME SHAPE THAT Y SHAPE FOOTPRINT.

UH, THEY WOULD BE REQUIRED TO, TO REMOVE THE EXISTING AND REPLACE WITH A BRAND NEW ONE UP TO CODE.

YES, MA'AM.

BOARD MEMBER BOWEN.

UM, REAL QUICK, I JUST, I'M JUST CURIOUS ON YOUR, UH, 3000 SQUARE FOOT SEPTIC SYSTEM, YOU'RE PLANNING ON REUSING THE SAME ONE OR YOU'RE GOING TO, WHAT, WHAT IS THE,

[00:25:02]

SO, BUT IT WOULD TAKE UP THE SAME AMOUNT OF SQUARE FOOTAGE? YES, SIR.

UM, YEAH, THAT'S REALLY THE ONLY THING I HAD WAS JUST CURIOUS ON YOUR, YOUR BUILDING BIGGER SO TO SPEAK, WHETHER OR NOT THE SYSTEM, WHAT, WHAT WAS GONNA HAPPEN WITH THAT SYSTEM.

SO YES, SIR.

WE DID THE MATH SINCE YOU, YOU WERE SO CLOSE TO THE LAKE.

YES, SIR.

WE DID THE MATH AND THAT'S AS FAR AWAY FROM THE WATER WE COULD GET IT.

AND THAT'S, THAT'S, UH, THE, THE, UH, THE SIZE IT HAS TO BE.

OKAY, THANK YOU.

YES, SIR.

BOARD MEMBER POTI, I MAY HAVE MISSED IT IN THE BACKUP, BUT DO YOU HAVE THE SUPPORT OF THE NEIGHBOR ON THE, UH, SIDE SETBACK OR THE, THE NEIGHBOR THAT WILL BE IMPACTED BY THE SIDE SETBACK EXPERIENCE? WE HAVE, WE HAVE MY CLIENT, THE OWNER, UH, HAS SPOKEN TO THE HOA PRESIDENT TWICE, UH, WITH NO OPPOSITION FROM THE HOA THAT HE OR THAT INDIVIDUAL THAT HE KNOWS OF.

HE HAS NOT HEARD FROM THE NEIGHBOR THAT YOU'RE ASKING ABOUT.

WE HAVEN'T, UM, WE HAVEN'T ENGAGED HIM, BUT WE HAVEN'T HEARD ANYTHING.

THE SIGN HAS BEEN UP IN THE YARD AND IT'S, I THINK AN HOA OF APPROXIMATELY EIGHT OR NINE HOMES, UH, ONE OF WHICH IS A VACANT LOT OR, OR MAYBE TWO.

BUT, SO NO, WE HAVE NOT HEARD FROM THEM, UM, SINCE WE STARTED THIS.

SOUNDS GOOD.

THANKS.

VIRTUAL MEMBERS.

ANY QUESTIONS? I HAVE A QUICK ONE.

HAVE YOU SPOKEN WITH THE NEIGHBOR DIRECTLY IN FRONT OF THE HOUSE WHO FILED THE OPPOSITION IN, IN FRONT OF THE HOUSE? IT'S, UH, 4 2 2 1.

HIDDEN CANYON CREEK MAYBE.

IS THAT THEIR BACK SIDE? IT LOOKS LIKE THE, IT'S DIRECTLY SOUTH.

I, I HAVE, I HAVE NOT.

THIS IS THE FIRST I'VE HEARD AND I'VE INQUIRED TO SEE IF THERE WERE ANY, AND I JUST HAVEN'T HEARD BACK ON THAT.

BUT I, UM, I'M FAMILIAR WITH THAT NEIGHBORHOOD THAT, THAT STREET AND THAT NEIGHBORHOOD SITS ON A HIGH BLUFF WAY UP HIGH.

THEY HAVE TO TAKE TRAMS IF THEY HAVE THEM TO GET DOWN, YOU KNOW, SEVERAL HUNDRED FEET TO THE WATER.

SO THEY'RE IN A TOTALLY DIFFERENT NEIGHBORHOOD WAY UP HIGH.

I DON'T SEE HOW THEY WOULD BE IMPACTED, UH, BY, WHAT WE'RE TRYING TO DO IS WE'RE CERTAINLY, UM, NOT BLOCKING ANYONE'S VIEW OR THERE'S NO RUNOFF OR WE'RE NOT IMPEDING ANYONE'S ABILITY TO USE, UH, THE CLUSTER DOCK FACILITY THAT IS, UH, BEHIND US THAT BELONGS TO THAT NEIGHBORHOOD.

BUT, BUT NO, WE HAVE NOT HEARD FROM ANYBODY.

ACTUALLY, IT WAS FILED LATE BACK UP, SO I'M GUESSING IT JUST GOT SENT IN.

ELAINE, WHEN, DO YOU KNOW WHEN THIS, UH, OPPOSITION WAS SENT IN THE LETTER? THE OPPOSITION LETTER WAS THAT OPPOSITION TODAY.

WE WAS NOT ONE LETTER TODAY, IT WAS TODAY.

SO I, IT WAS FIRST I'VE HEARD, I'VE ASKED TWICE, BUT THIS IS THE FIRST I'VE HEARD OF THAT.

UM, I DO KNOW ON A, ON A SEPARATE CASE AT 1230 ROCKCLIFF, TWO LOTS OVER, UM, A COUPLE YEARS AGO WHERE I REPRESENTED THAT CASE AND THE BOARD APPROVED A NEW CONSTRUCTION ON A VACANT LOT.

THERE WAS SOME OPPOSITION FROM THE SAME NEIGHBORHOOD UP ABOVE.

AND THE SORT OF CONSENSUS FROM THAT BOARD DISCUSSION WAS NO ONE'S REALLY IMPEDED.

NO ONE'S REALLY, UM, BEING ADVERSELY IN, UH, AFFECTED BY WHAT'S HAPPENING DOWN BELOW ON THE WATER LEVEL WHEN THEY'RE WAY UP HIGH IN THAT NEIGHBORHOOD.

UM, I'M NOT, I'M NOT SAYING THAT THEY DON'T HAVE ANY MERIT TO WHAT THEY'RE SAYING.

I JUST DON'T SEE THE CONNECTION.

QUESTIONS VICE CHAIR.

UM, I'LL MAKE A MOTION FOR APPROVAL.

DO I HAVE A SECOND? I SECOND SECONDED BY A BOARD MEMBER.

IT'S GOING TO TAKE ME A MINUTE TO KIND OF WEED THROUGH THIS.

WAS, UH, LEGALLY PLATTED IN 1976.

I WASN'T GONNA, AS YOU ARE COMPLETELY DETAILED IN YOUR RUN-ON MATERIAL, IT'S GONNA TAKE ME A WHILE TO WEAVE THROUGH IT, BUT I'LL GET THERE.

ZONING REGULATIONS APPLICABLE PROPERTY DO NOT ALLOW FOR A REASONABLE USE AS THE HOME WAS CONSTRUCTED IN 1958 AND IT

[00:30:01]

THE HOUSE PARTIALLY ENCROACHES INTO THE FRONT SETBACK AND PARTIALLY INTO THE EASTERN SIDE SETBACK AND INTO THE REAR SHORELINE SETBACK.

SO THIS MOTION WILL BE FOR THE REAR SHORELINE SETBACK TO BE ZERO AT THE LOCATION AND THE LENGTH OF THE EXISTING CUT AND SLIP PERIOD THAT THE FRONT SETBACK WILL BE REDUCED.

SHOULD PROBABLY START WITH THIS, SORRY.

AS IT IS LONG, THE FRONT SETBACK WILL BE MODIFIED TO 20 FEET WHERE THE EXISTING STRUCTURE IS ONLY FOR THAT PROTRUSION.

AND THEN THE EASTERN SIDE YARD SETBACK DECREASE TO FIVE FEET WITH THE CONFI WITH THE EXISTING HOUSE CONFIGURATION.

SO IF THE HOUSE GETS LONGER, THEN IT NEEDS TO COMPLY TO 10 FEET, NOT FIVE FEET.

IF IT'S BIGGER THAN THE HOUSE THAT'S THERE NOW, YES MA'AM.

AND YOU COULD PROBABLY TAKE THAT FROM ELAINE.

IS THERE A PAGE IN EITHER THE PRESENTATION OR THE BACKUP THAT YOU WOULD PREFER TO ATTACH TO A VISUAL FOR THOSE WORDS? I, I JUST DIDN'T KNOW IF YOU WANTED TO ATTACH A VISUAL TO THE LOCATIONS ON ANY PARTICULAR PAGE OF THE BACKUP .

I KNOW THAT'S WHAT I'M, THAT'S WHY I'M ASKING YOU WHICH ONE YOU WOULD PREFER.

'CAUSE YOU'RE THE ONE WHO'S GONNA HAVE TO ANSWER ANY STAFF QUESTIONS WHEN IT COMES IN.

I'M GONNA KEEP GOING AND YOU, YOU TELL ME WHAT PAGE YOU WANNA ATTACH TO IT.

SO I'M GONNA GO BACK TO ZONING REG REGULATIONS.

APPLEWOOD PROPERTY DO NOT ALLOW FOR A REASONABLE USE AS THERE'S AN EXISTING STRUCTURE ON THE LOT.

THE LOT IS ACTUALLY ODDLY CONFIGURED AND NOT ACTUALLY SQUARE.

AND THERE IS A EXISTING CUT-IN BOAT SLIP IN THE 25, UH, FOOT SHORELINE SETBACK WITH THE HERITAGE TREES AND THE SEPTIC FIELD IN THE FRONT.

UM, AND ON THE SIDES, IT REALLY MAKES IT HARD TO SHIFT THE HOUSE INTO SOME OTHER CONFIGURATION.

UM, SO WITH THE CONFINES OF THE EXISTING STRUCTURE MODIFYING THE SETBACKS TO ALLOW FOR, UH, A REBUILD, THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY AS THE LOT IS ODDLY SHAPED.

THERE'S HERITAGE TREES.

THERE'S, UH, MOST OF THE LOTS ARE ACTUALLY DEEPER ALLOWING THIS SECTION OF ROCKCLIFF.

AND, UM, BECAUSE IT DOES HAVE AN EXISTING STRUCTURE OF THAT AGE, IT IS PROBABLY A, A BETTER TO RECONSTRUCT AS OPPOSED TO TRY TO REMODEL.

UH, A HOUSE OF THAT AGE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED.

SO I DON'T, YOU'LL YOU WON'T SEE ANOTHER ONE EXACTLY LIKE THIS.

I MEAN, THEY'RE ALL A LITTLE DIFFERENT, BUT THIS ONE IS ACTUALLY NOT AS DEEP AS MOST OF THE LAKE AUSTIN LOTS.

UM, MOST OF THEM ARE ACTUALLY MUCH, MUCH DEEPER THAN THIS.

AND SO AREA CHARACTER AND THE VARIANCE WILL NOT ALTER THE CHARACTER, THE AREA ADJACENT TO THE PROPERTY, BUT NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED AS THE HOUSE ALREADY EXISTS WITH THESE SETBACKS IN

[00:35:01]

ITS CURRENT, UM, LIFE.

UM, I KNOW THERE'S TOO MUCH HERE, DAVID.

EITHER THAT OR YOU SHOULD BOLD THE STUFF YOU REALLY THINK'S GOOD.

SORRY, I AM TRYING TO PICK OUT SOMETHING.

THE REMODELING REPLACEMENT OF THE EXISTING HOUSE TO A, A NEWER HOUSE LOCATED IN THE SAME FOOTPRINT WILL BE ACTUALLY IN ALIGNMENT WITH OTHER STRUCTURES ALONG ROCKCLIFF.

THERE HAVE BEEN A NUMBER OF VARIANCES OVER TIME AS THE LAKE AUSTIN OVERLAY WITH ALL THE SLOPE AND OTHER ITEMS. THE SLOPE MAP CATEGORIES AND SUCH MAKE IT VERY DIFFICULT TO ACTUALLY, UM, REMODEL.

AND AS THIS LOT IS LESSER THAN THE LA ZONED, UH, MOST LA ZONED PROPERTIES, IT SHOULD BE COMPLETELY IN ALIGNMENT WITH THE OTHER STRUCTURES ALONG ROCKCLIFF THE END.

OKAY, SO I'M THINKING, UH, 3 17, 7 THROUGH NINE OF THE PRESENTATION SINCE IT EXPLAINS THE DIFFERENT SETBACK ADJUSTMENTS, UH, THAT WOULD, AND I WOULD LIKE TO ATTACH SEVEN THROUGH NINE THROUGH THE PRESENTATION FOR CLARITY SEVEN THROUGH NINE OF THE PRESENTATION OR BACKUP THE PRESENTATION WITH, WITH THE UNDERSTANDING THAT THE AREAS OF ENC, THE AREA FOR THE DECREASE ON THE FRONT AND THE SIDE ARE ONLY FOR THE AREAS OF THE HOUSE THAT ALREADY ENCROACH.

TIE TWO, PRESENTATION SEVEN THROUGH 9, 3 7.

ARE YOU COMFORTABLE WITH THAT, ELAINE? YES, MA'AM.

CAN MISS, DON'T YOU MS. MICHAEL? MA'AM, DON'T YOU MS. MICHAEL? OF COURSE.

I MS. MICHAEL.

I'M SURE HAVING TO WORK OVER HERE.

MOTION TO APPROVE MADE BY VICE CHAIR HAWTHORNE, SECONDED BY BOARD MEMBER BOWEN.

UH, THIS IS A MOTION TO APPROVE TIED TO THE PRESENTATION AGES, UH, 3 7, 3 8, AND THREE NINE.

IT'S CALLED THE VOTE, BUT, BUT CLEARLY THE, THE MOTION IS FOR ONLY THE AREAS OF THE EXISTING HOUSE THAT ENCROACH.

WHILE THOSE DRAWINGS CLEARLY SHOW WHERE THE SETBACK IS, IT'S NOT TAKING THE ENTIRE FRONTAGE DOWN OR THE ENTIRE SIDE.

SETBACK REDUCTION, JUST THERE IS WHERE THE HOUSE ALREADY DOES MOTION TO APPROVE, TIED TO PRESENTATION PAGES 3 7, 3 8, 3 9, COVERING ONLY THE AREAS OF THE EXISTING HOUSE AND CURRENT SETBACKS.

WOULD THAT BE FOUNDATION? UM, NO.

'CAUSE HE'S GONNA BE ROUNDING IT OUT.

I, I THINK THE I INTENT, I MEAN, IF HE'S GOT AN EVE, I, I CAN GO WITH THE EVE.

I, I MEAN, I'M NOT, I'M NOT, BUT THE GENERAL CONFIGURATION, RIGHT? I MEAN OF, AND IF THAT DOESN'T WORK, THEN YOU CAN PULL IT ON OVER AT THAT 40 FEET JUST A LITTLE BIT MORE.

YES, SIR.

THERE ARE, UH, SMALL PARTS OF THE CARPORT THAT DO ENCROACH INTO THE 40 FOOT MM-HMM.

AND ON THE SIDE, THE CARPORT AND THE STORAGE AND BEYOND ALSO AS WELL.

I WANNA MAKE SURE THAT THAT'S OKAY.

THAT'S IN THE EXISTING HOUSES CONFIGURATION AND THAT ENCROACHMENT IS ACCEPTABLE TO ME.

NOW I DON'T KNOW HOW THE REST OF THE BOARD FEELS,

[00:40:02]

BUT I DID MY PART.

TIED PRESENTATION 3 7 3 9.

ONLY THE AREAS OF THE EXISTING HOUSE IN CARPORT WITH OKAY, LET'S CALL THE VOTE.

AND SUZANNE VALENTINE? YES.

YOUR VARIANCE HAS BEEN GRANTED.

C 15 20 24 0 0 1 7 ADA CORRAL FOR AISLE FRANK.

ITEM FOUR

[4. C15-2024-0017 Ada Corral for Isle Frank 1422 Corona Drive]

1, 4, 2, 2 CORONA DRIVE.

GOOD TO SEE.

IT'S BEEN A HOT MINUTE.

HI, HOW ARE YOU? UM, MY NAME IS ADA RE I SEE ALL OUR NEW FACES.

I'M HERE TODAY REPRESENTING MY CLIENTS, ILSA AND TIM, AND WE'RE HERE TO REQUEST A VARIANCE TO BE ABLE TO KEEP AND MODIFY AN EXISTING NONCOMPLIANT STRUCTURE.

THIS FOR REFERENCE IS A PICTURE OF THE EXISTING HOUSE AND THE CARDBOARD ON THE LEFT IS THE ONE WE ARE TALKING ABOUT.

THIS SITE PLAN, AS YOU CAN SEE IT HERE, HAS TWO EXISTING CARPORTS.

SO THERE'S A STRUCTURE IN THE BACK THAT IS IN THE ORANGE SHADE.

IT'S A CARPORT THAT IS ORIGINAL TO THE HOUSE AND WAS BUILT IN 1954.

AND THEN THERE'S A SECOND CARPORT, WHICH WE CAN ONLY TELL BASED ON GOOGLE IMAGES THAT IT WAS BUILT BETWEEN 1997 AND 2003.

SO IT'S BEEN THERE FOR A WHILE, BUT IT WAS NOT BUILT WITH A PERMIT AND IT IS NOT COMPLIANT.

THE EXISTING SUPPORTS FOR THE CARPORT ARE RIGHT ALONG THE PROPERTY LINE ON, ON THEIR PROPERTY, BUT THEN THE ROOF EXTENDS ONE FOOT OVER THE PROPERTY LINE TO THE NEIGHBOR'S YARD.

SOME OF THE EXISTING CONDITIONS THAT WE ARE LOOKING AT, AT, ON THIS SITE IS THAT THERE ARE TWO, THERE'S TWO TREES IN THE BACKYARD THAT EVEN THOUGH THEY'RE NOT PROTECTED, THEY'RE STILL SIGNIFICANT AND THEY'RE TREES THAT OUR CLIENT WOULD LIKE TO KEEP.

AND WE AGREE WITH THAT.

THERE'S ALSO EXISTING SOLAR PANELS AND THE SOLAR PANEL INFRASTRUCTURE, WHICH IS LOCATED OPTIMALLY WHERE THE, THE IS COMING IN FROM THE ELECTRIC LINES AND ALSO WHERE IT SHOULD BE POSITIONED FOR THE SUN.

AND WE'RE LOOKING AT THESE THINGS AS WE ARE LOOKING TO, TO FIND THE IDEAL LOCATION TO PUT AN ADDITION TO THIS HOUSE.

THIS HOUSE IS 1100 SQUARE FEET.

IT ONLY HAS ONE BATHROOM AND TWO BEDROOMS AND YOU KNOW, THAT WAS REASONABLE 50, MAYBE 70 YEARS AGO, BUT IT'S NOT REALLY SUITED FOR A GROWING FAMILY IN THIS TIME.

SO WE ARE TRYING TO, UH, DESIGN A MODEST ADDITION FOR THEM.

FOR THIS PARTICULAR CLIENT, THIS NEEDS TO BE A ONE STORY EDITION.

ONE OF OUR CLIENTS HAS SIGNIFICANT BACK ISSUES AND HAS HAD SEVERAL SUR SURGERIES.

SO GOING UP IS NOT AN OPTION FOR US.

AND AS WE TRY TO MAINTAIN THE LOCATION OF THE TREES AND THE SOLAR PANELS, THIS GRAY AREA THAT WE'RE SHOWING IN THE BACK IS REALLY THE ONLY PLACE WHERE WE CAN FIND TO BE ABLE TO PLACE THIS ADDITION FOR THEM.

AND BY DOING THAT WE WOULD HAVE TO ELIMINATE THE EXISTING CARPORT THAT IS ORIGINAL TO THE HOUSE, WHICH IS THAT ONE IN THE BACK THAT WE'RE SHOWING DASH THERE.

AND THAT LEAVES ONLY THE EXISTING NONCOMPLIANCE STRUCTURE FOR CARS.

WE TRY TO EXPLORE WHAT IT WOULD LOOK LIKE TO DESIGN A COMPLIANT CARPORT FOLLOWING ALL THE RULES IN THIS NEIGHBORHOOD.

WE ARE ABLE TO BE FORWARD OF THE HOUSE, SO WE COULD BE RIGHT AGAINST THE 25 FOOT SETBACK.

UM, AND WE CAN OVERHANG, OVERHANG THE ROOF TWO FEET OVER THE PROPERTY.

UM, SORRY, THE FIVE FOOT SIDE YARD.

UM, BUT THAT WOULD REQUIRE ENCROACHING INTO EXISTING CONDITION SPACE.

WE DON'T THINK THAT'S A GREAT SOLUTION FOR MANY REASONS.

ONE, THAT IT WOULD BE REALLY DISRUPTIVE TO THE EXISTING PORTION OF THE HOUSE, BUT IT ALSO WILL CHANGE THE CHARACTER OF THE HOUSE BY MODIFYING THE EXISTING FACADE.

WHAT WE ARE PROPOSING IS THAT WE KEEP THE STRUCTURE WHERE IT IS IN THE SAME DIMENSIONS AS IT IS AND THAT WE MODIFY IT SO THAT WE'RE NO LONGER OVERHANGING THAT ONE FOOT INTO THE NEIGHBOR'S YARD.

UH, WE HAVE APPROVAL FROM THE NEIGHBOR, UM, NEXT DOOR.

THEY ARE OKAY WITH THIS.

WE ARE

[00:45:01]

OPEN TO MODIFYING THE MATERIALS TO MAKE THIS MORE FIRE RESISTANCE SO THAT IT DOESN'T CAUSE ANY ISSUES WITH OUR NEIGHBOR.

UM, IT'S A VERY, VERY SIMPLE STRUCTURE.

UM, WE HAVE NOT EVALUATED THIS WITH A STRUCTURAL ENGINEER, SO WE DO WANNA LEAVE OPEN THE POSSIBILITY THAT WE'RE ABLE TO MODIFY IT IN CASE THE SUPPORTS NEED TO BE A LITTLE BIT STRONGER TO SUPPORT THE ROOF OR HAVE MOMENT CONNECTIONS OR ANYTHING ELSE LIKE THAT AT.

SO WHEN I HAVE SAT ON THE OTHER SIDE OF THIS PODIUM, THERE HAS BEEN A LOT OF DISCUSSIONS ABOUT CARPORTS AND WHETHER THEY ARE REALLY, WOULD IT REALLY BE A HARDSHIP NOT TO HAVE A CARPORT? AND WE WANNA REALLY PRESENT TO YOU THAT THINGS HAVE REALLY CHANGED DRASTICALLY OVER THE LAST FEW YEARS AND THAT A CARPORT IS A NECESSARY AMENITY TO A HOUSE.

AND IT'S SOMETHING THAT MOST PEOPLE IN AUSTIN ARE ABLE TO HAVE.

UM, WE HAVE SEEN A LOT OF INCIDENCES OF LARGE HAIL.

THIS PARTICULAR NEIGHBORHOOD GOT THREE INCH HAIL JUST A FEW MONTHS AGO, AND IT'S SOMETHING THAT CAUSES SIGNIFICANT DAMAGE IF YOU HAVE, IF YOU DON'T HAVE A PLACE TO BE ABLE TO PUT YOUR CAR.

UH, THE OTHER THING IS THAT OUR CLIENT WOULD LIKE TO HAVE AN ELECTRIC VEHICLE.

IT IS THE CITY OF AUSTIN'S STR, UM, GOAL OF TRANSPORTATION ELECTRIFICATION TO HAVE 40% OF ALL VEHICLES BE ELECTRIC BY 2030.

THIS REALLY IS NOT IDEAL IF YOU HAVE AN EXPOSED SITUATION WITH A CAR.

IT'S GETTING BLASTED BY THE HEAT AND THE SUN ALL THE TIME.

AND THAT'S IT.

THERE'S MANY CARPORTS THAT LOOK VERY SIMILAR TO THIS IN THE NEIGHBORHOOD.

AND THIS IS THE LETTERS OF SUPPORTS.

WE ALL RIGHT.

THAT'S THE NEW BELL, BY THE WAY.

NOT A BUZZER ANYMORE.

IS THERE ANY OPPOSITION? SEEING NONE.

LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.

DO WE HAVE ANY QUESTIONS? IF NOT, I'LL START.

IS A THANK YOU BY THE WAY FOR ENGAGING THE NEIGHBORS.

IT LOOKS LIKE YOU REMEMBERED ALL THE TRICKS THAT WE ASKED FOR WHEN YOU WERE ON THE BOARD.

UH, AND UH, WHEN YOU, WHEN YOU ARE SAYING THAT YOU MIGHT NEED TO MODIFY, YOU'RE TALKING ABOUT THE FRONT CARPORT, RIGHT? CORRECT.

THE, THE BACK CARPORT WE NEED TO DEMOLISH IN ORDER TO BUILD THE ADDITION.

SO WE WOULD MODIFY, AT THE VERY LEAST TO RETRACT THE ROOF SO THAT IT'S NOT OVERHANGING INTO THE NEIGHBOR'S YARD, AND THEN POTENTIAL MODIFICATION TO, UM, BEEF UP THE SUPPORTS IF NEEDED.

JUST BECAUSE WE HAVEN'T HAD A, AN ENGINEER LOOK AT IT YET.

UH, IS THAT SOMETHING YOU'VE DISCUSSED WITH THE NEIGHBOR WHO SEEMS TO BE ON BOARD BASED ON THE LETTER? YES.

AND WE WILL KEEP THE SAME AESTHETIC IS ESSENTIALLY JUST CHANGING THE WOOD SUPPORTS TO STEEL.

POSSIBLY THAT WOULD ALSO MAKE IT MORE FIRE RESISTANT, BUT PULLING IT BACK OUT OF OR CLOSER TO THE, UH, SLAB OUT OF THAT, UH, THE NEIGHBOR'S SIDE OF THE PROPERTY.

RIGHT? YEAH.

SO IT WOULDN'T BE IN THEIR YARD.

THREE SIDES OPEN GUTTERS ALONG THE PROPERTY LINE.

UH, DO YOU HAVE GUTTERS? NO GUTTERS, BUT IF THAT MAKES A DIFFERENCE, WE CAN CERTAINLY JUST ALIGN THE PROPERTY LINES FOR THE DRAINAGE AS YOU PULL IT BACK.

I THOUGHT MICHAEL WAS HERE FOR A MINUTE.

WELL, YOU KNOW, I'M CHANNELING MICHAEL TONIGHT.

I'M TRYING TO CHANNEL MICHAEL EXCEPT FOR, I HAVEN'T SAID ANY OF MICHAEL'S GREAT WITTICISMS YET.

SO IF THIS CONTINUES MUCH LONGER, I'LL HAVE TO .

SO MICHAEL IS BIG ON THREE SIDES OPEN AND GUTTERS ALONG THE SIDE THAT YOU SHARE WITH THE NEIGHBOR.

SO IT'S THREE SIDES OPEN FOR SURE.

AND IF WE ARE MODIFYING THAT EDGE TO BRING IT BACK, WE CAN CERTAINLY ADD A GUTTER.

YEAH, I'LL GO AHEAD AND MAKE A MOTION TO APPROVE.

I'LL SECOND IT.

OH, GO AHEAD.

BY ALL MEANS.

I I HAVE A QUESTION BECAUSE YOU STATED THAT YOU'RE, Y'ALL HAVEN'T DESIGNED YET WHAT YOU'RE GONNA DO WITH THAT BACK, THE NEW ADDITION ON THERE, BUT YOU SAID SOMETHING ABOUT ADDING A BATHROOM IN THERE.

UM, WITH THE WAY THAT YOU'VE CURRENTLY GOT CONCRETE AND THOSE TYPE OF THINGS RIGHT THERE, HAS THERE BEEN ANY CONSIDERATION HOW YOU'RE GONNA RUN THE SEWER LINE THAT'S GONNA GO FROM THAT BACK? YES.

WE, UM, MY ARCHITECTURAL PRACTICE HAS BILLED OVER 50 OF THESE ADDITIONS.

SO WE, WE HAVE OUR CONTRACTORS THAT WE WORK WITH THAT WE KNOW HOW TO DO THIS SO WELL, THAT WASN'T, THAT WASN'T MY QUESTION.

MY QUESTION IS BASICALLY YOU'RE GONNA END UP HAVING TO TEAR OUT PART OF YOUR DRIVEWAY YES.

TO YES.

WE CAN MODIFY, WE'LL, WE'LL MODIFY THE DRIVEWAY.

WE MIGHT BE ABLE TO BRING IT THROUGH THE INSIDE BECAUSE WE'RE DOING SOME CHANGES TO THE KITCHEN TOO, TO, TO UPGRADE APPLIANCES.

JUST, I'VE ALSO SEEN THE PROBLEM WITH GETTING TOO CLOSE TO PROPERTY LINES WHEN YOU HAVE COLUMNS AND THOSE TYPE OF THINGS.

UM, SO WE WILL BE, UM, MODIFYING THE SLAB AS NEEDED TO ACCOUNT FOR ANY SEWER.

AND IN, IN THE PAST IN SOME POTENTIAL, IN SOME PROJECTS WE'VE HAD TO HAVE LIFT STATIONS BECAUSE OF HOW IT DRAINS.

SO WE ARE, UM, AWARE OF ALL THOSE POSSIBILITIES.

YEAH, BECAUSE I, I JUST HAVE A PROBLEM.

IT'S NOT I HAVE A PROBLEM, IT'S

[00:50:01]

YOU'VE ALREADY GOT AN OVERHANG THAT'S NOW OVERHANGING INTO THE PROPERTY WITH MICHAEL'S THROUGH, THROUGH CHANNELING THE ADDITION OF THAT, UM, GUTTER ALONG THAT SIDE THERE.

THAT MAY END UP HAVING TO CAUSE YOU TO PULL THAT BACK JUST A LITTLE BIT SINCE THE GUTTER CAN'T OVERHANG.

UH, WHEN MELISSA MENTIONED THAT, UH, WHAT CAME TO MY MIND IS THAT WE COULD DO AN INTEGRATED, UM, GUTTER RIGHT AT THE EDGE OF THAT ROOF AND KEEP IT ALL IN LINE.

I JUST, UM, AS SOMEBODY THAT BUILDS, IT'S THOSE THINGS THAT YOU POP IN YOUR MIND WHEN YOU'RE GOING VERIFICATION IS TO MAKE SURE THEY'RE NOT CROSSING YEAH.

PROPERTY LINES, ALL THAT KIND OF STUFF.

UM, I THINK THAT THAT WAS THE LAST QUESTION I HAD WRITTEN DOWN ON MY NOTES, SO THANK YOU.

ANY OTHER DISCUSSION? OKAY.

MAR MARCEL HERE.

OH, SORRY.

GO AHEAD.

I SAID A QUESTION, HOW DID THE, UM, DID THE SOLAR PANELS DO HOLD UP TO THE HAILSTORM? I WAS JUST KIND OF CURIOUS ABOUT THAT.

MANY, MANY IN THE AREA DID NOT.

I BROUGHT IT UP WITH MY, UH, BOARD MEMBERS AT ONE OF OUR TRAININGS, BUT THERE'S A TEXAS HOUSE BILL 35 26, WHICH, UH, RELATES TO SOLAR PERGOLAS.

AND THIS MIGHT BE AN INTERESTING ONE TO, UH, TO LOOK AT FOR, FOR YOU IN THE FUTURE BECAUSE, UM, IT, IT, IT, IT SEEMS TO ME THAT, UM, THIS MIGHT BE THE PERFECT APPLICABLE CASE FOR APPLYING THIS BILL.

SO IT'S MAYBE SOMETHING TO, TO LOOK AT IN THE FUTURE FOR THE CARPORT.

THAT'S A GOOD IDEA.

ESPECIALLY IF THEY'RE ALREADY INTO SOLAR AND ELECTRIC.

LET ME GO AHEAD AND GET ON WITH THE FINDINGS.

REASONABLE USE THE PLACEMENT OF THE EXISTING HOUSE ON THE LAW HOUSE ON THE LOT DOES NOT ALLOW REASONABLE SPACE FOR A NEW SETBACK COMPLIANT PARKING STRUCTURE WITHOUT DEMOLISHING EXISTING CONDITION SPACE.

REMOVING THE EXISTING CARPORT WOULD DEPRIVED THIS RESIDENCE OF A COMMON RESIDENTIAL AMENITY.

A HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY AND THAT THE HARDSHIP, UH, IN ORDER TO BUILD A SETBACK COMPLIANT CARPORT, THE OWNERS WOULD NEED TO DEMOLISH EXISTING PORTIONS OF THEIR HOUSE.

HARDSHIP IS NOT GENERAL IN THE AREA, UH, WHICH THE PROPERTY IS LOCATED BECAUSE MOST HOUSES IN THE NEIGHBORHOODS HAVE CARPORTS OR GARAGES AREA, CHARACTER VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA.

SINCE MANY PROPERTIES HAVE SIMILAR CARPORTS AND SIMILAR CONFIGURATIONS THROUGHOUT THE NEIGHBORHOOD, THE CARPORT'S BEEN IN PLACE FOR OVER 20 YEARS.

IT'S VERY SIMPLE.

USES MATERIALS COMMON TO THE AREA AND IS OF AN APPROPRIATE SCALE.

THE CARPORT WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS.

THAT IS, IT IS NOT A HABITABLE SPACE, IT'S AN OPEN STRUCTURE.

SO AGAIN, THIS IS THE MOTION TO APPROVE WITH GUTTERS ON THE NEIGHBOR SIDE OF THE CARPORT.

UH, THAT'S ON THE PROPERTY LINE.

IS THAT THE EAST SIDE? THE WEST, UH, YEAH.

LET PUT SOME PULL BACK UP THE WEST.

SECONDED BY VICE CHAIR HAWTHORNE.

AGAIN WITH GUTTERS ON THE WEST SIDE.

THE NEIGHBOR SIDE OF THE FRONT CARPORT.

JANELLE VAN ZANDT? YES.

BIANCA MEDINA.

LEAL? YES.

SUZANNE VALENTINE? YES.

YOUR VARIANCES GRANTED.

AND THEN THE NEXT ISSUE WAS SOMEBODY SAID A, A NEIGHBOR HAD A POSTER SO I GOT THE OWNER TO CONTACT HIM AND HE SOME ITEMS FOR US TO FIX AND WE TRY TO FIX 'EM TO THE BEST OF OUR ABILITY.

GOOD TO SEE YOU AGAIN.

MOVING ON.

ITEM

[5. C15-2024-0007 Hector Avila for Joel Beder and Joe Yu 1503 Robert Weaver Avenue]

FIVE C 15 20 24 0 0 0 7.

HECTOR ELA FOR JOEL BETTER.

AND JOE YU 1 5 0 3 ROBERT WEAVER AVENUE.

GOOD EVENING.

MY NAME'S HECTOR AVILA.

I WAS HERE LIKE TWO MONTHS AGO FOR THE MEETING AND ONE COMMISSIONER REQUESTED AN ELEVATION DRAWING OF WHAT THE GARAGE WOULD LOOK LIKE, SO WE PROVIDED SOME THAT WILL LOOK COMPATIBLE TO THE EXISTING HOUSE.

THEN ANOTHER COMMISSIONER WANTED, UH, TO SEE IF I COULD DO SETBACK AVERAGING, BUT I PULLED OUT A PLANO METRIC MAP AND IT DOESN'T SHOW THAT IT WOULD HELP THIS CASE.

SO I DIDN'T WANT THE OWNER TO SPEND A LOT OF MONEY ON A SURVEYOR AND SURVEY 10 LOTS.

[00:55:01]

BUT I HAVE THE OWNER RIGHT HERE THAT WANTS TO TALK ABOUT ALL THAT AND THAT'S IT.

IS THERE ANY OPPOSITION WE HAVE? NO, HE'S FOUR.

SCENE NONE.

LET'S GO.

OR DID YOU WANT TO SPEAK? YOU STILL HAVE THREE MINUTES AND 47 SECONDS LEFT.

HE CAN SPEAK.

GO AHEAD JOE, JUST COME ON UP.

STATE YOUR NAME FOR THE RECORD PLEASE.

HE DID A STATE YOUR NAME FOR THE RECORD.

MY HEARING IS BAD.

I'M SORRY.

, COULD YOU STATE YOUR NAME FOR THE RECORD PLEASE? JOEL BEATER.

AND YOU HAVE THREE MINUTES AND 30 SECONDS.

GO AHEAD.

REALLY KIND OF GOT CONFUSED WITH THE LONG DRIVEWAY THAT SHOWED IT AS 80 FEET.

UH, GOOD EVENING, BOARD OF ADJUSTMENT MEMBERS.

MY NAME IS JOEL BEATER.

I'M A SERVICE CONNECTED DISABLED VETERAN.

MY HUSBAND AND I PURCHASED 1503 ROBERT WEAVER AVENUE IN DECEMBER, 2019.

AS OUR RETIREMENT HOME, ONE OF OUR RETIREMENT GOALS IS TO BECOME INVOLVED IN AUSTIN COMMUNITY, CIVIC AND VOLUNTEER ACTIVITIES.

MY HUSBAND VOLUNTEERS REGULARLY WITH CHOIRS THE FESTIVAL BEACH COMMUNITY GARDEN, WHICH IS ADJACENT TO OUR HOME AND THE AUSTIN PUBLIC LIBRARY.

AND WE BOTH REGULARLY UH, MEET AS MEMBERS OF THE AUSTIN FRONT RUNNERS.

UH, THE FRONT RUNNERS ARE SUPPORTERS OF THE, OUR BIG SUPPORTERS OF THE ANNEN ROY BUTLER HIKE AND BIKE TRAIL.

THE CURB CUT AND ACCOMPANYING DRIVEWAY WAS IN PLACE WHEN WE PURCHASED OUR HOME.

WE'VE MADE NO ALTERATIONS TO IT.

WE WANT TO ADD AN ATTACHED GARAGE TO THE FRONT OF THE HOUSE TO ALLOW US TO A, ACCESS OUR VEHICLES DURING INCLEMENT WEATHER, GIVING US A BETTER OPPORTUNITY TO SAFELY AGE IN PLACE.

THE EXISTING HOME IS 1,218 SQUARE FEET.

THE LOT SIZE IS 58 79 SQUARE FEET.

THE PROPOSED GARAGE ADDITION IS FOUR 40 SQUARE FEET.

THE ABDO ABNORMAL TRAPEZOID SHAPE OF THE LOT REQUIRED AN ODD PLACEMENT OF THE STRUCTURE ON THE LOT WHEN IT WAS ORIGINALLY BUILT, CREATING A VERY LIMITED BUILDABLE AREA.

TO ADD THE GARAGE, WE NEED A REDUCTION IN THE FRONT SETBACK OF 11 FEET, REDUCING SETBACK FROM 25 TO 14 FEET.

THE ODD AND UNIQUE CONFIGURATION OF THE LOT MAKES FOR A STEEP DISADVANTAGE FOR REASONABLE USE FOR THE BUILDABLE AREA ON THE LOT.

ROBERT WEAVER AVENUE IS UNIQUE IN THAT ALL THE HOUSES ARE ON A SMALL CUL-DE-SAC, WHICH IS SET BACK FROM KAMAL STREET.

THERE'S NO DIRECT ACCESS TO A TYPICAL STREET.

ACCESS IS VIA THE CUL-DE-SAC, WHICH ACCESSES KAMAL.

WE'VE MET WITH OUR NEIGHBORS.

WE'VE REVIEWED WHAT WE UNDERSTAND FROM THE BOARD OF ADJUSTMENT, UH, ON 11 MARCH.

AND WE'RE CONFIDENT THAT ALL THE CONCERNS OF THE NEIGHBORS AND THE BOA HAVE BEEN ADDRESSED APPROPRIATELY.

OUR INTENTION IS NOT TO DEVIATE FROM THE EXISTING CHARACTER AND CHARM OF THE NEIGHBORHOOD.

WE PROPOSED ROOFING MATERIALS SIMILAR IN DESIGN MATERIAL AS THE EXISTING ASPHALT SHINGLE.

OUR LOT LINE IS SET BACK FURTHER FROM THE STREET THAN ANY OF THE OTHER HOMES ON ROBERT WEAVER.

ADDING A GARAGE WITH THE PROPOSED REDUCED SETBACK WILL STILL MEAN THAT THE GARAGE IS A LONG DISTANCE FROM THE ACTUAL STREET.

ADDING THE GARAGE WILL ALSO REDUCE SOME OF THE NEED TO UTILIZE THE COMMON AREA PARKING IN THE CUL-DE-SAC.

WE HAVE NO INTENTION OF ALTERING THE EXISTING DRIVEWAY OR ANY OF THE EXISTING WALKWAYS.

THE ONLY CONCRETE THAT'S ADDED IS FOR THE FOUNDATION OF THE GARAGE EDITION.

THE UPDATED PROPOSAL FROM OUR CONTRACTOR INCLUDED THE FOOTPRINTS OF TWO HERITAGE TREES, NEITHER OF WHICH ARE ON OUR PROPERTY.

WE HAVE NO INTENTION OF HARMING THE TREES.

OUR CONTRACTOR DETAILED THE STEPS THAT WOULD BE TAKEN TO PREVENT THE TREES FROM BE BEING NEGATIVELY IMPACTED.

THANK YOU VERY MUCH FOR CONSIDERING OUR REQUEST.

IS THERE ANY OPPOSITION? SEEING NONE.

LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.

OPEN IT UP TO QUESTIONS.

BOARD MEMBER BOWEN, UH, MR. A, IT'S, IT'S AVI RA AVILA, AVILA AVILA.

MR. AVILA, I I JUST HAVE, UM, ON YOUR UPDATED DRAWING THAT YOU PUT ON THERE, THAT'S, THAT'S SHOWN, UH, ON ONE OF THE PAGES THAT SAYS UP UPDATED SITE PLAN.

UM, I

[01:00:01]

'CAUSE IT DIDN'T REALLY MATCH THE PICTURES OF, OF THAT COURTYARD PARKING AREA.

AND I I JUST WANTED TO, JUST FOR CLARIFICATION, IT, IT GOT CONFUSION, IT GOT CONFUSING.

HERE'S THE DEAL.

UH, ONE OF THE NEIGHBORS WAS CONCERNED THAT THE BUILDER HAD DREW UP THAT DRIVEWAY THE WRONG WAY.

AND I SAID, DRAW IT HOW IT IS AND IT'S EIGHT FEET.

SO THEY WERE THINKING WE WANTED A 20 FOOT FOOT DRIVEWAY AND THE RIGHT OF WAY, BUT THAT'S NOT THE CASE.

AND WE'LL HAVE TO FIGURE IT OUT LATER HOW A CAR CAN DRIVE INTO THE DRIVEWAY.

WELL WHAT I WAS TALKING ABOUT IS ACTUALLY YOU'RE SHOWING ON ONE OF YOUR DRAWINGS, THE ONE THAT IS STATED UP AT THE TOP IN RED UPDATED SITE PLAN.

AND IT SHOWS THAT THE LENGTH OF THE EXISTING DRIVEWAY IS 80 FEET LONG VERSUS WHAT YOU HAVE ON THE PAGE PRIOR TO THAT SHOWING THAT BASICALLY IT WAS ONLY 14 FEET.

SO THERE WAS SOME CONFUSION WHEN I THEN I HAD TO GO BACK AND LOOK AT THE PICTURES AND I'M, I'M JUST FOR CLARIFICATION, JUST FOR SIMPLIFICATION.

YOU KNOW, IT MAKES IT EASIER FOR SOME OF US WHEN WE'RE SEEING A CONFLICT TO TRY TO UNDERSTAND WHAT DANIEL, COULD YOU PULL UP 5 24 FROM THE BACKUP PLEASE? THAT MIGHT BE A MISTAKE FROM THE BUILDER ON THAT DIAGRAM.

I SEE BOTH EXISTING DRIVEWAY, EIGHT FOOT TO REMAIN.

OH, MAYBE THAT'S THE WIDTH.

I'M NOT SURE.

BUT THEN I ALSO SEE THE 80 FOOT, SO I'M NOT SURE MADAM CHAIR, IS THAT THE ONE YOU'RE TALKING ABOUT? BOARD MEMBER BOWEN? THE FIVE, UH, UPDATED SITE PLAN 24.

IT SAYS, IT SAYS UPDATED SITE PLAN.

IT'S UH, C NINE OF ONE.

UH, AND UP AT THE TOP IT JUST SHOWS I, I JUST, MATT MADAM CHAIR, I'M I'M GONNA INTERRUPT REAL QUICK.

HE WILL, UH, DANIEL WILL NOT BE ABLE TO PULL IT UP 'CAUSE THEY DIDN'T SUBMIT A PRESENTATION.

THERE IS NO PRESENTATION THAT'S JUST IN THE BACKUP.

SO, UM, IF YOU LOOK AT FIVE OF 12.

AND IF YOU LOOK AT, UH, EIGHT, EIGHT SHOWS THE CONFIGURATION OF THAT DRIVEWAY.

SO THIS IS PROBABLY THE PAGE THAT SHOULD HAVE BEEN LABELED AS UPDATED CYCLONE.

AND THAT'S, THAT WAS MY CONFUSION GOING.

WHAT WAS IT? 'CAUSE LOOKING AT PICTURES AND LOOKING AT DIFFERENT THINGS, I'M JUST GOING, IT SEEMED LIKE THERE WAS A LOT OF DRIVEWAY AS IT, WE HAD TO MAKE A LOT OF ADJUSTMENTS 'CAUSE HIS NEIGHBOR WAS TELLING US, DO THIS, DO THAT, AND WE JUST WANTED TO PLEASE HIM.

AND SO THE DRIVEWAY IS ACTUALLY ONLY EIGHT FEET.

AND THE FIRST SIDE PLAN WE SUBMITTED IT HAD LIKE GRAVEL OR SOMETHING SHOWING AND IT WAS ALMOST 22 FEET WIDE AND THE NEIGHBOR HATED THAT.

SO I TOLD THE BUILDER, GET RID OF THE GRAVELS AND JUST SHOW THE EIGHT FEET WIDE DRIVEWAY WHERE ROBBER WEAVER RIGHT AWAY IS.

OR YOU PROBABLY DON'T NEED A GARAGE.

SO WHEN YOU GET A GET ONE THAT'S POSTPONED.

TYPICALLY ALL OF THE MATERIAL THAT'S AT THE FRONT OF THE PACKET IS THE NEWER INFORMATION.

UM, AND WHEN YOU GO BACKWARDS AND YOU LOOK THROUGH IT, THEN THE OLDER STUFF IS TOWARDS THE BACK, WHICH BECOME, CAN BECOME VERY CONFUSING.

UM, WE'VE HAD A COUPLE CASES WHERE WE HAD ONE THAT WAS IN THE, THE CHURCH, THE LIFE, WHATEVER, AND THE BACKUP WAS UN MERCIFUL.

AND SO EVERY TIME YOU GET THE OLD BACKUP WITH THE NEW BACKUP.

SO I THINK THAT, UH, ITEM EIGHT ADDRESSES THE CONFIGURATION OF THE ROAD IN THE EXISTING TREES.

THOUGH THE RIBBON STRIPS ALONG THE FRONT OF THE HOUSE ARE COMPLETELY, UM, I'M TRYING TO THINK OF A MORE POLITE WORD THAN THE ONE THAT WANTS TO COME OUT OF MY MOUTH.

UM, I AM CHANNELING MICHAEL THOUGH, SO HIS CURSE WORDS ARE VERY TAME.

JUST REMEMBER THAT.

WELL, THEY'RE KIND OF STUPID.

THE LITTLE RIBBONS ARE STUPID.

UH, BECAUSE IF YOU'RE COMING FROM AN EIGHT FOOT DRIVEWAY, YOU NEED TO FIGURE OUT HOW TO MANEUVER WITHIN YOUR OWN PROPERTY

[01:05:01]

SO, UM, THAT'S JUST, THAT JUST CAME FLYING OUT OF THERE NOW, DIDN'T IT? AND THE TRUTH, THEY DIDN'T EVEN NEED RIBBONS.

WE HAVE PLENTY OF IN PREVIOUS COVER TO WHERE THEY COULD HAVE BEEN SOLID, BUT I DON'T KNOW WHY THEY DID THAT.

I HAVE NO EXCUSE FOR THOSE RIBBONS.

IT'S A FAD.

AND I, YOU KNOW, I DON'T KNOW WHY IT'S A FAD BECAUSE IT'S REALLY UGLY.

YEAH, IT'S, AND YOU KNOW, YOU CAN, YOU CAN PUT THAT UP THERE WITH THE WHITE HOUSE ARCHITECTURE FOR ME TOO.

I I AM REALLY NOT A FAN OF THAT EITHER.

THANK YOU, SIR.

APPRECIATE IT.

YOUR CLARIFICATION.

'CAUSE THAT, LIKE I SAID, IT WAS JUST THANK YOU.

UH, WE TRIED TO DO EVERYTHING THAT WE WERE TOLD AND NO, THAT'S FINE.

IT WAS JUST LOOKING AT ONE THAT SAID EIGHT FOOT.

YOU SCROLL BACK THROUGH JUST KIND OF REMEMBERING AND YOU'RE LOOKING AND GOING, WELL WAIT A MINUTE.

I GOT A CONFLICT HERE.

I APPRECIATE ALL YOUR QUESTIONS.

I'M, I'M MARCEL, HOW ARE YOU FEELING ABOUT MAKING A MOTION? WELL, I HAVE SOME QUESTIONS ABOUT THE, THE PARKLAND ASPECT OF THIS.

YEAH, I DID.

I COULDN'T FIND THE PARKING PARK.

YOU COULDN'T FIND ONE? NO.

YEAH, I WAS LOOKING EITHER AND I DIDN'T SEE ANYTHING.

YEAH, I SAW THAT.

I SAW THAT STATEMENT.

I SAW THAT STATEMENT AND I KEPT LOOKING FOR A POCKET PART GOING, WHERE IS IT? I DON'T SEE IT.

I DON'T GET IT.

I SEE THE PICTURE THAT, THAT WAS SENT WITH THAT EMAIL JUST TRYING TO DO DUE DILIGENCE.

YEAH, BUT I DIDN'T, I DIDN'T FIND ANYTHING EARLIER WHEN I WAS LOOKING AT THIS.

SO EITHER, UH, CAN CAN YOU SPEAK TO THAT? AT LEAST PUT IT ON THE RECORD.

THERE WAS A, A CLAIM MADE BY OPPOSITION THAT PART OF THIS, THE DRIVEWAY WOULD CUT ACROSS, UH, AN AREA THEY'RE USING AS A POCKET PARK AND THAT IT WAS DONATED.

UH, SO THIS IS AT, THAT'S NOT OUR PROPERTY? NO, IT'S THAT DRIVEWAY IS THE CITY OF OWN CITY.

HOW ABOUT IF YOU, HOW ABOUT IF I ANSWER, HOW ABOUT IF, SO THIS IS THE REDEVELOPMENT OF, UH, THE RBJ CENTER AND THERE'S A PARK AT THE CORNER OF HASKELL AND CUOMO THAT WILL BE PART OF THE FINAL CONFIGURATION OF THE PROJECT.

AND SO THIS IS ADJACENT TO THAT.

OH, THAT'S WHAT THEY'RE TALKING ABOUT.

ACTUALLY, I THINK, I THINK IF YOU LOOK AT ITEM FIVE OF 15 AUSTIN OAK 68, UH, IMAGE.

THERE'S A, YEAH, THAT'S WHAT IT'S LOOKING.

1, 2, 3, 4, 5, 6, 7, 8, 9, 10 OH HOMES THAT WERE BUILT AS PART OF THE ORIGINAL, UH, HU PROJECT, I BELIEVE IT WAS.

AND WE KIND OF CARVED OUT A GREEN SPACE.

I KNOW THIS AREA PRETTY WELL AND THE, IT REALLY DOESN'T SEEM LIKE THAT IS A PARK, BUT, UM, THAT'S WHAT THAT LITTLE MAP SAYS.

THANKS MARCEL.

I THINK MARCEL WOULD KNOW THIS SPACE, YOU KNOW, AND I'M, I'M LOOKING AT THAT.

I, THAT'S THE IMAGE I WAS LOOKING AT AS WELL.

AND I'M LIKE, IT SAYS PARK, BUT I DON'T KNOW WHAT THIS ACTUALLY CAME FROM.

I MEAN IT'S NOT OR RIGHT, BUT BUT ALSO ADJACENT.

THERE'S A PARK RIGHT ON THE OTHER SIDE OF IT BECAUSE THIS IS THAT OLD, YOU REMEMBER WHERE THE HEALTH DEPARTMENT BUILDING WAS? YEAH.

AND THE ONE THAT THE EXISTING DRIVEWAY IS ALREADY GOING OVER.

AND UH, SO THIS IS THAT WHOLE REDEVELOPMENT AND THEN THESE, THESE HOMES ARE RIGHT HERE OFF OF COMA AND RIGHT THERE BY FESTIVAL BEACH.

AND I MEAN THIS IS A NICE LITTLE SLICE OF HEAVEN.

AND WHAT ABOUT THE CLAIM THAT THE PLANNED GARAGE WOULD BE INSIDE OF THE CRITICAL ROOT ZONE OF THE HERITAGE OAK ON THE, IS THAT ON THE, LEMME GET BACK TO THIS MAP THAT ON THE WEST SIDE, THOSE TREES ARE PRETTY FAR FROM THE GARAGE, BUT HE WAS COMPLAINING ABOUT THE HERITAGE ROOT ZONE WAS THAT DRIVEWAY AND THE RIGHT OF WAY

[01:10:06]

HOW DID YOU JUST THE EXISTING DRIVEWAY.

WELL THERE'S A 46, THE T ONE IS A 46 INCH LIVE OAK, WHICH IS PRETTY IMPRESSIVE.

YEAH, BUT WE'RE NOT TOUCHING, THAT'S WHY I TOLD THEM TO REDUCE IT TO EIGHT FEET THE WAY IT IS.

AND DON'T PUT NOTHING ON THAT.

WHERE THE RIGHT OF WAY IS.

THAT'S CLOSE TO THAT TREE.

JESSICA, YOU GOT IT? UH, I JUST HAVE ONE UH, I GUESS A QUESTION.

SO WE KNOW THERE'S ONE NEIGHBOR OF THE, THE 10 THAT IS IN OPPOSITION.

UM, I, I FEEL LIKE I RECALL IN THE ORIGINAL, ORIGINAL TIME WE LOOKED AT IT TWO MONTHS AGO, THAT THERE WAS LETTERS OF SUPPORT, BUT I CAN'T FIND THEM IN THIS CURRENT PACKAGE.

ARE ARE THEY IN THERE? THEY'RE TOWARDS THE END.

YEAH, THEY'RE ALL HERE.

THERE'S QUITE A FEW OF THEM.

I I THINK THAT'S GONNA BE THE, FOR ME THAT THAT'S, THAT'S THE BIG THING.

'CAUSE THIS IS BASICALLY A 10 UNIT SUBDIVISION DEVELOPMENT.

THAT PRIVATE LITTLE COMMUNITY THAT, THAT SHARES A LITTLE PARKING AREA.

AND WHAT IS A PARK? UM, THAT, YOU KNOW, A LOT OF THESE FAMILIES HAVE BEEN HERE FOR A LONG TIME.

THEY'RE DRIVING ACROSS THE PARKLAND ONTO THE, YOU KNOW, PARKLAND IN QUOTES TO WHERE THEY HAVE THEIR LITTLE PARKING STRIP NOW.

SO IF THE NEIGHBORS ARE IN, IN, IN OVERWHELMINGLY IN SUPPORT, THEN I SUPPORT THE NEIGHBORS IN THIS CASE.

I'M IMPRESSED Y'ALL GOT AN LLC TO SIGN OFF ON THIS.

I GUESS THEN I'LL GO AHEAD AND MAKE A MOTION TO APPROVE.

UM, ONE SECOND.

I HAVE A QUESTION.

UM, I COULDN'T TELL FROM THE MAP 'CAUSE THERE'S A LOT OF TREES, UH, FROM THE PHOTOS OF, IS IT IS A GARAGE OR IS THAT COMMON IN THIS NEIGHBORHOOD.

EXCUSE ME.

ASK ME THE QUESTION AGAIN.

I WAS JUST WONDERING IF HAVING A GARAGE IS IN, IN LINE WITH COMMON CHARACTER OF THE NEIGHBORHOOD.

NOT, I CANNOT ANSWER THAT QUESTION 'CAUSE I WOULD HAVE TO GUESS ON IT.

BUT, UM, THIS CUSTOMER'S, THIS OWNER NEEDS A GARAGE.

HE'S, HE'S HANDICAPPED VETERAN AND HE NEEDS THE GARAGE FOR THE BAD WEATHER AND ALL THAT.

AND IF, IF WE DIDN'T HAVE THAT BUMP FROM THE, FROM THE STREET UP NORMAL BUMP, WE WOULD'VE BEEN PERMITTED BY NOW.

I WOULD SAY IT'S UNFORTUNATE, BUT UN WE CAN'T REALLY CONSIDER THAT AS PART OF THE HARDSHIP.

THAT'S TRUE.

BUT I DO THANK YOU FOR YOUR SERVICE, SIR.

BUT THE, THE BUMP OF THE RIGHT OF WAYS IS WHAT GAVE ME THE HARDSHIP.

'CAUSE WE DON'T HAVE THE SPACE THAT THEIR HOUSE SITS AS FAR BACK AS IT CAN TAKE A LOOK.

YOUNG.

JAY, I'LL, I'LL COMMENT.

UM, I'LL SAY THAT IT IS NOT NECESSARILY COMMON IN THIS SET OF 10.

THEY SHARE A, A KIND OF PARKING LOT UHHUH.

BUT, UM, YOU KNOW, THESE HOMES WERE BUILT IN THE FIFTIES.

UM, I DON'T THINK THAT THIS COMMUNITY HAD MUCH CAR OWNERSHIP AT THAT TIME.

IT, IT WAS AN AFFORDABLE HOUSING DEVELOPMENT AT THE TIME AND IT HAS CHANGED, UM, OVER TIME WITH FAMILIES THAT HAVE LIVED THERE FOR A LONG TIME.

UM, I GUESS I'LL STOP THERE.

UH, SO I'M LOOKING AT GOOGLE MAPS JUST TO TAKE A QUICK SIM SWING THROUGH HERE AND YEAH, I SEE EXACTLY HOW THIS WAS BUILT.

NONE OF THESE WERE, THIS WASN'T DESIGNED TO HAVE DRIVEWAYS.

THESE ARE ALL REALLY, REALLY TIGHT TOGETHER.

NO, SORRY, MELISSA.

I'LL MAKE THE MOTION.

I'LL MAKE IT.

UM, I JUST DON'T KNOW WHAT'S GONNA HAPPEN TO IT AFTER I MAKE IT.

[01:15:03]

SO UNDER THE CURRENT, OKAY, HERE, LET ME JUST LIKE WIDEN BACK FOR A MINUTE UNDER WHAT IS, WHAT IS PROPOSED ON THURSDAY? IS ANY OF THIS GONNA MATTER? NO, BECAUSE SOIL AND GREEN IS PEOPLE AND THURSDAY IS JUST PEOPLE EATING PEOPLE.

THAT'S SO FAIR.

SO I MEAN, I CAN MAKE THIS MOTION AND I'LL SECOND IT SINCE WE'RE LOOKING AT CURRENT CODE THAT'S GETTING THROWN IN THE TRASH CAN.

DOES IT REALLY MATTER? IT DOES NOT.

NO, IT DOES NOT.

BUT WE'RE NOT SUPPOSED TO SAY THAT WE'RE SUPPOSED TO JUDGE ON CURRENT CODE.

SOYLENT GREEN.

IT'S PEOPLE.

ALL RIGHT.

SO I'M GONNA MAKE A MOTION.

I'M GONNA TRY TO FEEL IT TOO.

ANY REGULATIONS APPLICANT PROPERTY DO NOT ALLOW FOR REASONABLE USE AS THIS HAS A VERY ODD LOT CONFIGURATION AS WELL AS A VERY ODD STREET CONFIGURATION.

AND IN, IN HAVING SUCH A TRAPEZOIDAL SHAPE, IT WOULD BE VERY DIFFICULT WITH THE CURRENT HOUSE PLACEMENT TO OFFER ANY KIND OF COVERED PARKING.

THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY.

ONE MOMENT PLEASE.

YOU NEED GRANT.

I'M MAKING A MOTION.

I'M MAKING A MOTION TO GRANT.

MY HELPER IS HELPING EVEN THOUGH I'M TRYING TO PUT MY, WHAT IS IT, SIZE 11 IN MY SIZE SEVEN SHOE.

I'M, I'M, I'M THINKING.

NOT GENERAL.

THE HARDSHIP, WHICH THE VARIANCES REQUESTED, IS UNIQUE TO THE PROPERTY IN, IN SOME WAYS IN THAT THE TRAPEZOIDAL SHAPE MAKES IT VERY DIFFICULT TO, TO HAVE ANY KIND OF PROTRUSION IN THE FRONT YARD.

THE HARDSHIP IS NOT GENERAL AREA IN WHICH THE PROPERTY IS LOCATED AS IT IS GREATLY AFFECTED BY HERITAGE TREES THAT ARE NOT WITHIN THE PROPERTY LINE.

I REACH FOR THAT.

I WANT CREDIT.

THE VARIANCE WILL NOT ALTER THE, THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED AS THE EXISTING DRIVEWAY WILL REMAIN IN ITS CONFIGURATION.

AS WELL AS, UM, AS WELL AS THE SCREENING FOR THE HERITAGE TREES THAT ARE NOT ACTUALLY LOCATED ON THE PROPERTY AND WILL BE BUILT IN A MANNER OF, OF MATERIALS OF THE EXISTING HOUSE.

THE END.

AGAIN, THIS IS A MOTION TO APPROVE MADE BY VICE CHAIR HAWTHORNE.

SECONDED BY BOARD MEMBER BOWEN.

LET'S GO AHEAD AND CALL THE VOTE.

TOMMY AINS.

JESSICA COHEN.

I'M GOING TO ASK, WE COME BACK TO ME AND AS CHAIR, I CAN DO THAT.

MARCEL GARZA? YES.

MELISSA HAWTHORN.

I'LL GO TO THE END.

I THINK IT'S, IT'S GOING TO PASS.

YOUNG J KIM, CAN I, UM, LIKE NOT VOTE ON IT OR ABSTAIN OR, YES, YOU CAN.

[01:20:02]

ANYWAYS.

WHAT WAS THE VOTE? COUNT RIGHT NOW? IT'S, UH, ONE ABSTENTION WITH, UH, ME AND YOU WAITING AND, UH, SO WITH ONE? YES.

SO IT NEEDS EIGHT OR IT NEEDS, WE NEED NINE NOW BECAUSE WE HAVE 11 WITH THE D TWO APPOINTMENT.

SO IT'S NINE.

WE'RE BACK TO A FULL BOARD.

SUPER MAJORITY.

SO HOW MANY BOATS DO WE HAVE RIGHT NOW? MM-HMM.

EIGHT.

SO THEY NEED ONE MORE.

YOU SHOULD GIVE IT TO 'EM.

I DID THE HARD WORK.

YOU DID? OH, I, I DON'T KNOW NECESSARILY THAT I AGREE.

THIS IS REALLY A HARDSHIP.

THIS IS A CUTE LITTLE NEIGHBORHOOD.

AND THERE A TIME WHEN AUSTIN IS TRYING TO GET PEOPLE OUT OF CARS AND ONTO PUBLIC TRANSIT AND INTO OTHER MODES OF TRANSPORTATION.

THIS LOOKS LIKE THE PERFECT LITTLE COMMUNITY NOT TO HAVE A DRIVEWAY IN, BUT, AND, UM, EVEN THOUGH IT'S UNRELATED, I ABSOLUTELY RESPECT YOUR SERVICE AND THE TIME YOU PUT IN FOR OUR COUNTRY.

AND THAT DOES WEIGH ON ME A LITTLE BIT.

AND IT SHOULD, BUT IT DOES.

AND THE DRIVEWAY'S THERE.

AND I THINK AS LONG AS YOU GUYS CAN MAKE SURE THAT THE CRITICAL ROOT ZONE OF THAT TREE IS PROTECTED, THEN I WILL VERY RELUCTANTLY VOTE.

AND THEN MELISSA HAWTHORNE.

BUT THE VARIANCE HAS PASSED.

YOUR VARIANCE IS GRANTED.

THUMBS UP.

YOU'RE GOOD.

THANK YOU VERY MUCH FOR YOUR TIME.

I REALLY NEED TO WATCH THAT SILENT GREEN MOVIE, .

HOLD, HOLD UP.

HOLD IT.

IT'S WHAT I ACTUALLY THINK.

UH, I THINK, I MEAN, IF YOU WATCH IT, YOU'LL, YOU'LL TOTALLY GET THE PARALLEL YOU'LL LIKE, BUT THAT WAS, IT'S REALLY OLD.

IT'S HARD TO SAY.

HEY, THAT MADAM CHAIR.

NO.

MADAM CHAIR.

2, 1, 2, 3, 4, 5, 6, 7, 8, 9 2 BECAUSE OH, WE'RE MISSING SOMEONE.

I DON'T THINK THAT PASSED.

YOU DON'T THINK? WHAT, WHAT, WHAT THAT WAS NINE.

WHAT? OH WAIT, ONE ABSTENTION.

ABSTENTION GOES WITH THE MAJORITY.

OH, DOESN'T IT? WAIT, WE'RE BACK.

IT'S MICHAEL.

YEAH, WE'RE 10.

WELL, WE DON'T HAVE MAGGIE.

MAGGIE.

MINE AND MICHAEL ARE SO IT DIDN'T PASS SOMEONE FROM THE, IS IT SOMEONE FROM THE QUESTION FOR LEGAL? SOMEONE FROM THE MAJORITY PARTY CAN MAKE A MOTION TO RECONSIDER.

I'LL MAKE A MOTION TO RECONSIDER.

I HAVE TO FIND OUT.

LET ME ASK LEGAL FIRST.

I THINK IT ACTUALLY HAS TO BE WITH ROBERT'S RULES.

I THINK IT HAS TO BE MELISSA.

SO I'LL MAKE A MOTION TO RESCIND OUR PREVIOUS ACTION.

I'LL SECOND.

'CAUSE I WANT TO JUST IN CASE ANYONE WHO VOTED NO OR OBSCENE WANTS TO CHANGE THEIR MIND, LET'S, I'LL MAKE A MOTION TO RESCIND OUR PREVIOUS ACTION.

AND THEN I'M GONNA MAKE THE SAME MOTION AGAIN AFTER THAT VOTE FOR THE MOTION THAT I JUST MADE SO THAT WE CAN TAKE ANOTHER VOTE AS WE'RE 11 MEMBER BOARD AND WE NOW HAVE TO HAVE NINE VOTES TO PASS ANYTHING.

AND I TAKE RESPONSIBILITY FOR THAT BECAUSE I MISCOUNTED.

SO, BECAUSE I MISCOUNTED, UH, I WANT TO RETAKE THE VOTE WITH THE UNDERSTANDING THAT WE'RE REQUIRED TO HAVE, HAVE NINE AND WE ONLY HAVE 10 MEMBER HERE.

WE HAVE TO RESCIND IT FIRST IN ORDER TO MAKE ANOTHER.

WE'RE ORDER TO MAKE ANOTHER ACTION.

WE'RE GONNA, I WILL SECOND THE MOTION.

THIS IS A MOTION TO RESCIND THE ACTION ON ITEM FIVE C 15 20 24 0 0 0 7.

LET'S GO AHEAD AND VOTE ON THAT, PLEASE.

AND SUZANNE VALENTINE, THIS IS JUST TO RESENT SO WE CAN REVOTE.

AND I I AM YES.

FOR THE RETENTION

[01:25:01]

THAT'S SUPER MAJORITY.

IS IT A SUPER MAJORITY VOTE ON THE RECONSIDERATION OR JUST A PLAIN MAJORITY? ERIC LO LOPEZ, ASSISTANT CITY ATTORNEY.

THIS IS A PROCEDURAL MATTER, SO IT'S JUST MAJORITY VOTE.

MAJORITY.

YEP.

I JUST FOUND .

SO I'D LIKE TO MAKE A MOTION TO MAKE THE PREVIOUS, THE PREVIOUS, PREVIOUS MOTION AGAIN WITH THE SAME FINDINGS.

AGAIN, THE, FOR YOUR PURPOSES, ELAINE, THAT WAS AN EIGHT.

ZERO NOSE TO ABSTENTIONS FOR THE RESCIND.

WHO WERE THE, THE TWO AB ABSTENTIONS, WHICH THAT WOULD BE, WHO WAS YOUR THE WERE OR WAS THE ABSTENTIONS? WERE BIANCA MEDINA.

SO JUST SO WE'RE CLEAR THIS TIME, WE ARE AN 11 MEMBER BOARD.

NOW.

OUR SUPER MAJORITY HAS GONE FROM EIGHT TO NINE.

NINE VOTES ARE REQUIRED TO PASS.

WE HAVE 10 BOARD MEMBERS HERE TODAY BECAUSE MICHAEL BON OLIN IS OUT AND MAGGIE HAD A BABY.

CONGRATS MAGGIE, BY THE WAY, ON YOUR NEWBORN ACCOUNT.

AND IF YOU'RE WATCHING US, YOU REALLY NEED TO NOT WATCH US.

JUST HAVE TO MAKE THIS ONE.

ALL RIGHT.

SO WE NEED A SECOND FOR THIS, THIS MOTION.

WE ONLY HAVE MELISSA MOTIONING.

UH, THE MOTION WAS TO APPROVE.

JUST TO APPROVE.

SO WE HAVE A MOTION TO APPROVE MADE BY VICE CHAIR HOFF LAUREN.

AND WHO WAS THE SECOND? WAS THAT YOU JANELLE? OKAY.

SECONDED BY BOARD MEMBER VANZANT.

AND AGAIN, I APOLOGIZE, I GOT THAT COUNT WRONG.

IT'S BEEN SO LONG SINCE WE'VE HAD A FULL BOARD.

COUNCIL MEMBER FUENTES.

YOU'RE MY CURRENT HERO.

UH, SO LET'S GO AHEAD AND TAKE THE VOTE AGAIN.

TOMMY AINS.

JESSICA COHEN.

I'M GOING TO STICK WITH MY RELUCTANT.

AND MELISSA HAWTHORN.

UM, WELL, IT DOESN'T MATTER.

IT DOESN'T MATTER.

THE TWO EXTENSIONS, IT DOESN'T MATTER.

UH, SO CAN I MAKE A SUBSTITUTE MOTION NOW? NO, YOU HAVE TO VOTE FIRST.

SORRY.

NO, THE, THE MOTION ALREADY BELONGS TO THE BODY AND HAS BEEN SECONDED AND VOTED ON.

YOU CAN'T DO A SUBSTITUTE AT THAT POINT.

I MEAN, IT'S ALSO A MATTER OF HOW I VOTE.

SO I GONNA VOTE NO.

UM, BUT I WOULD MAKE A SUBSTITUTE MOTION TO POSTPONE IT SO THAT WE COULD ACTUALLY DISCUSS ABSTAINING, BECAUSE ABSTAINING HAS CRITERIA.

SO I THINK WHAT WE WOULD'VE TO DO IS RESCIND AGAIN AND VOTE TO POSTPONE.

BUT HOW MANY TIMES IS, WELL, I MEAN, YOU KNOW WHAT? WE HAVE FOUR CASES ON THE AGENDA.

IS IT REALLY THAT MUCH OF A HARDSHIP TO TAKE ANOTHER 10 MINUTES TO, TO GO THROUGH THE EXERCISE? I'M JUST SAYING, YOU KNOW, ABSTAINING HAS A CRITERIA AND I UNDERSTAND IT.

BUT, AND ALSO, I MEAN, AND AND AGAIN, AS EVEN THOUGH RELUCTANT, I, I FEEL THIS PROBABLY SHOULD HAVE PASSED, BUT WE CAN'T VOTE OVER AND OVER AGAIN EVERY SINGLE TIME WE DO THIS.

WELL, I KNOW, I, I'M JUST JIM.

I MEAN, IF YOU WANNA PUT THE MOTION ON THE TABLE, I, I'LL, I'LL VOTE TO SUPPORT FOR SENDING AND, AND FOR POSTPONEMENT, CAN WE, CAN WE DO THAT? I MEAN, AFTER, AFTER THURSDAY.

I MEAN, HE MAY NOT EVEN NEED A VARIANCE.

SO, I MEAN, SO I, I'LL MAKE A MOTION TO RECENT.

THAT'S MOST LIKELY.

[01:30:01]

THE PREVIOUS MOTION THAT I JUST MADE.

I SEE LEGAL MAKING A FROWNY FACE.

WELL, I MEAN WE COULD DO IT.

FROWNY FACE AND CRITERIA ARE TWO DIFFERENT THINGS FOR US.

MS. LOPEZ.

I, I I'M A LITTLE CONFUSED THERE.

THERE'S A MOTION THAT'S ON THE TABLE.

SO THE APPLICANT CAN APPLY FOR A RECONSIDERATION.

TRUE.

BUT IT FAILED IT.

SO WE'RE AN 11 MEMBER BOARD.

WE HAVE 10 PEOPLE HERE.

WE HAVE ONE ALTERNATE.

DO WE CURRENTLY ONLY HAVE ONE ALTERNATE? YES.

DO WE HAVE TWO PEOPLE OUT? SO WE HAVE TWO PEOPLE ABSTAINING.

I MEAN, THAT'S A EIGHT, 10 OR EIGHT TWO VOTES.

SO IT, IT COULDN'T PASS EITHER WAY.

IF WE HAVE TWO PEOPLE ABSTAINING, EVEN IF EVERYBODY VOTED FOR IT RIGHT.

UNDER OUR RULES, IT'S THE ABSTENTION DOESN'T CHANGE THE LEGAL REQUIREMENT.

BUT I'M JUST SAYING NINE.

YOU HAVE TO HAVE NINE OUT OF 11 FOR SOMETHING TO PASS.

WE ONLY HAVE 10.

WE ONLY HAVE ONE ALTERNATE.

IF YOU HAVE TWO ABSTENTIONS, IT COULD NEVER PASS.

CORRECT.

BUT THE BOARD VOTED.

THAT'S WHY I'M TRYING TO MAKE A MOTION TO RESCIND.

SO CAN WE MOTION TWICE BECAUSE WE DON'T LIKE THE OUTCOME.

I WOULDN'T RECOMMEND AGAINST RESCINDING TWICE BECAUSE YOU DIDN'T LIKE THE OUTCOME.

THAT, THAT'S KIND OF, THEN YOU CAN FILE FOR RECONSIDERATION WITHIN THE, IS IT 10 DAYS LIE.

ALTHOUGH MAY NOT BE NECESSARY AFTER THURSDAY.

WE'LL SEE.

WELL, SO I APOLOGIZE FOR THE CONFUSION, Y'ALL.

THE VARIANCE DID NOT PASS.

UH, JUST HANG ON.

WATCH THE COUNCIL MEETING THURSDAY WOULD BE MY ADVICE.

ALRIGHT, I THINK I NEED TO STEP AWAY FOR A MINUTE.

I'LL BE RIGHT BACK.

WE, WE STILL HAVE, I KNOW I'M JUST GONNA STEP AWAY FOR A MOMENT.

IS THERE ANYTHING I CAN SAY TO THE BOARD? NO, I'M SORRY.

THERE ISN'T CONCERNS.

NO, NO.

YOU CAN APPLY FOR RECONSIDERATION WITHIN 10 DAYS.

WE'VE BEEN GOING THROUGH THIS NOW FOR SIX, FIVE MONTHS.

I KNOW.

I'M VERY SORRY.

WE'VE SPENT THOUSANDS OF DOLLARS AND I DON'T UNDERSTAND.

I'M REALLY NOT .

IT'S, IT, I UNDERSTAND.

IT'S REALLY SHAMEFUL.

TO ITEM SIX, DISCUSSION OF THE MARCH 11TH, 2024 BOARD OF ADJUSTMENT ACTIVITY REPORT.

MOVING ON

[6. Discussion of the March 11, 2024, Board of Adjustment activity report]

ANY COMMENTS? THAT IS THE MOST BEAUTIFUL REPORT I HAVE EVER SEEN.

THANK YOU VERY MUCH LADIES.

AND I KNOW WE'RE COMING UP IN JUST A COUPLE MONTHS HERE ON WHEN I'M GONNA HAVE TO DO MY ANNUAL, SO I'M LOOKING FORWARD, LOOKING FORWARD TO DOING THAT WITH THIS AWESOME MONTHLY REPORT I GET.

THANK Y'ALL.

OKAY,

[7. Discussion and approval of Board of Adjustment FY25 Budget recommendations.]

ITEM SEVEN, DISCUSSION AND APPROVAL OF BOARD OF ADJUSTMENT FISCAL YEAR 25.

BUDGET RECOMMENDATIONS.

I THINK WE'RE TOO LATE ON THIS, AREN'T WE? YEAH, WE'RE TOO LATE.

WE'RE JUST GOING TO, IF NO ONE OBJECTS, UH, MARCELLE, DID YOU HAVE A QUESTION? I JUST HAD A QUESTION.

UM, IS THERE A FEE RELATED TO THE RECONSIDERATION? YES, THERE IS.

IS A IT'S PROBABLY FOR NOTICE IS OUR, IT'S OH, IT'S JUST A NOTICE FEE.

GOT IT.

UM, DOES OUR, OUR, UM, APPLICATION ASSISTANCE PROGRAM POTENTIALLY HELP IN THAT? IF THEY HAD QUALIFIED FOR IT, THEN THEY, YES, THEY WOULD BE ABLE TO USE IT FOR THAT.

I'VE ASKED ELAINE NOT TO TELL US ABOUT APPLICANT'S QUALIFYING FOR IT.

SO, SO THAT WE ARE NOT BIASED.

YEAH, WE CAN'T, YEAH, WE CAN'T.

UNDERSTOOD.

BUT THEY, BUT WHEN SOMEONE REACHES OUT TO YOU, THEY'RE, THEY SEE THIS PROGRAM AS AVAILABLE TO THEM IF THEY CHOOSE TO APPLY, RIGHT? I I ACTUALLY MAKE IT DOWN.

BUT UNFORTUNATELY CAN'T REALLY TALK ABOUT THIS RIGHT NOW 'CAUSE IT'S NOT LISTED ON THE AGENDA.

IF YOU'D LIKE TO BRING IT UP AT THE NEXT MEETING, I CAN ADD IT UNDER FUTURE AGENDA ITEMS, PLEASE.

THAT'D BE GREAT.

[01:35:01]

'CAUSE MAYBE, UH, WE'VE GOT A LOT OF NEW MEMBERS HERE.

WE CAN GO OVER THE BOARD OF ADJUSTMENT APPLICANT ASSISTANCE PROGRAM AND I WAS ON THAT WORKING GROUP SO I CAN BRING EVERYBODY UP TO SPEED, BUT WE'LL GET TO THAT IN A MINUTE.

FOR NOW.

UH, I'M GONNA TAKE THE BUDGET RECOMMENDATIONS OFF 'CAUSE WE MISSED IT DUE TO HAVING TO CANCEL THE APRIL MEETING.

ITEM EIGHT.

[8. Discussion and approval of Election of Officers]

EVERYBODY'S FUN.

ONE.

DISCUSSION AND APPROVAL OF ELECTION OF OFFICERS.

SO IN APRIL, ACCORDING TO OUR BYLAWS, WE'RE REQUIRED TO HOLD ELECTIONS FOR OFFICERS.

UH, THE BOARD OF ADJUSTMENT ONLY HAS TWO.

IT'S CHAIR AND VICE CHAIR.

UH, BECAUSE THAT MEETING WAS CANCELED, WE HAVE TO HOLD IT THIS MONTH.

SO I'LL GO AHEAD AND OPEN UP THE FLOOR.

SO SINCE WE'RE MISSING OUR 11, UM, AND I'M ASSUMING WE'RE VOTING TODAY AS WELL.

UM, AND WE, WE NEED TO DO THIS TODAY, CORRECT.

THIS MONTH.

AND IT'S A SIMPLE MAJORITY AND IT'S REALLY, WELL, I, IT'S REALLY NOT VERY NICE TO NOMINATE PEOPLE WHO AREN'T HERE.

I WAS GONNA NOMINATE MICHAEL.

LET FIND OUT THROUGH THE VIDEO.

I'D LOVE TO NOMINATE.

UH, WELL, I, OUR PRESIDENT, UH, COHEN TO UH, REMAIN AS, UH, AS CHAIR AND MELISSA HAWTHORNE AS VICE.

IF SHE WOULD LIKE TO REMAIN AS VICE AS WHERE AS WELL.

VICE CHAIR HAWTHORNE, DO YOU ACCEPT THE NOMINATION? I WILL NOT, NOT ACCEPTED.

I WILL BE OKAY EITHER WAY.

WHATEVER THE WILL OF THE BODY IS.

WELL, THANK YOU.

BOARD MEMBER GARZA FOR THE NOMINATION.

I'LL ALSO ACCEPT IT.

I WOULD JUST LIKE TO SAY FOR THE RECORD, JUST SO EVERYBODY KNOWS, IN CASE YOU WEREN'T PAYING ATTENTION, I HAVEN'T MISSED A SINGLE MEETING OF THE BOARD OF ADJUSTMENTS, WHICH IS WHY EVER SINCE I'VE BEEN APPOINTED, NOT ONE EVER, AND I HAVEN'T MISSED A MEETING AT THE PLANNING COMMISSION SINCE I'VE BEEN ELECTED AS CHAIR.

NOT ONE EVER.

AND SHE WENT ON VACATION TO HAWAII AND ACTUALLY GOT ON HER COMPUTER VIRTUAL AND WAS AT THE MEETING.

SO I I THEY HAVE ALL THE POWER TO YOU AND YOU WANNA KNOW WHY I WOULDN'T MIND BEING VICE CHAIR.

THERE YOU GO.

JESSICA'S GOT ONE OF THESE THINGS.

I'M GONNA MAKE HER RUN THE MEETING JUST, JUST TO TORTURE HER.

KEITH, UH, WELL LET'S START WITH, WITH, I GUESS LET'S JUST DO, I THINK SINCE NO ONE ELSE SEEMS, DOES ANYONE ELSE WANNA THROW IN? OKAY.

NO.

UH, I WILL, LET'S DO A A, A VOTE OF OF ACCLIMATION ACCLIMATION.

I, I GUESS IS THERE ANY OBJECTION TO ME? JESSICA COHEN, REMAINING CHAIR AND VICE OR OR MELISSA HAWTHORN.

REMAINING VICE CHAIR.

ANOTHER, ANOTHER YEAR.

WOO HOO.

JUST REMEMBER LONG RAIN .

JUST REMEMBER WHEN MICHAEL LEAVES.

I'M LEAVING.

I STILL THINK WE SHOULD HAVE NOMINATED HIM AND LET HIM FIND OUT THROUGH THE VIDEO.

YOU CAN'T, IT'S, IT'S, IT'S, IT'S POOR DOWN.

IT'S POOR.

EVERYTHING TO VOLUNTEER SOMEONE WHO'S NOT IN THE ROOM.

IT YEAH, AGREE.

IT'S JUST NOT IT, IT'S UNDER THE LIST OF DIDN'T YOUR MAMA EVER TELL YOU DON'T DO THAT.

IT WILL BE FUNNY THOUGH.