[CALL TO ORDER]
[00:00:04]
I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER, SORRY, 5 51 ON JULY 8TH, 2024.
LET'S GO AHEAD AND CALL THE ROLE.
DID IT WORK? NO, THE RED LIGHT SHOULD COME ON.
MARCEL GARZA YOUNG KIM YOUNG JU KIM, I THINK YOU'RE MUTED.
DANIEL, CAN YOU TRY TO HELP YOUNG CHEW KIM WITH THAT PLEASE.
OKAY, LET'S COME BACK TO YOUNG J KIM.
LET'S SEE IF WE CAN HEAR YOU NOW.
YOUNG J KIM, CAN YOU HEAR US DROP OFF? UH, CTM IS SAYING DROP OFF AND REJOIN THE MEETING.
I DON'T KNOW IF SHE CAN HEAR US OR, OKAY.
LET'S GO AHEAD AND GET STARTED WITH THE BASICS.
UH, IS THERE ANY PUBLIC COMMUNICATION? NO.
[APPROVAL OF MINUTES]
WILL START WITH ITEM ONE, THE APPROVAL OF THE MINUTES FROM THE BOARD OF ADJUSTMENT, REGULAR MEETING ON JUNE 10TH, 2024.WE HAVE A MOTION TO APPROVE MADE BY VICE CHAIR HAWTHORNE.
OKAY, LET'S GO AHEAD AND TAKE THE VOTE.
[00:05:24]
ANY LUCK WITH YOUNG J KIM? SHE RECONNECTING OR, OR? OKAY.WE'RE JUST GONNA PROCEED WITHOUT FOR A MINUTE.
ALSO, WHEN YOU GET A CHANCE, I'M NOT GETTING ANY POWER TO THIS PLUG RIGHT HERE TO POWER MY LAPTOP.
SO WE'RE GOING TO START WITH ITEM TWO.
ITEM TWO, HUH? IT'S ON JESUS CHRIST.
OR MAYBE IF WE COULD GET THE TEXT ON THIS TABLET BIGGER WHERE I CAN READ IT.
[2. C15-2024-0015 David Chace for Chris and Shannon Renner 1306 Rockcliff Road ]
ALL RIGHT.THIS IS A RECONSIDERATION CASE.
DAVID CHASE FOR CHRIS AND SHANNON RENNER.
DO I HAVE A MOTION? I WILL GO AHEAD AND READING THE ROOM.
MAKE A MOTION TO DENY SECONDED BY BOARD MEMBER BOWEN.
UM, LEMME TRY TO SEE IF I COULD FIND THE HEADPHONE.
'CAUSE I COULD, WHEN I RECORD MY AUDIO, OH, WE, WE CAN ACTUALLY HEAR YOU.
SO GO AHEAD AND UNMUTE YOURSELF JUST SO WE CAN DOUBLE CHECK.
CAN YOU HEAR ME? OKAY? PERFECT.
SO FOR THE RECORD, I'M GOING TO ACKNOWLEDGE THAT BOARD MEMBER KIM IS NOW ON THE DAAS.
SO WE HAVE A MOTION TO DENY MADE BY MYSELF, CHAIR COHEN.
SECONDED BY BOARD MEMBER BOWEN.
I'M GOING TO ABSTAIN 'CAUSE I MISSED A DISCUSSION.
I'M GONNA VOTE YES, MADAM CHAIR.
BUT I DID GO BACK AND TAKE, TAKE A LOOK AT THE VIDEO.
I SAW WHERE IT WAS GRANTED COVERING THE AREAS OF THE EXISTING HOUSE, THE CURRENT SETBACKS, WHICH WERE FOR THE EXISTING HOUSE CONFIGURATION THAT ALREADY ENCROACH INTO THE SETBACK AND THAT YOU TIED IT TO THESE DRAWINGS.
SO BASED ON THAT, I'M, I THINK THAT WAS A FAIR ACT.
THAT RECONSIDERATION IS DENIED.
[00:10:01]
ITEM THREE.THIS IS A POSTPONED CASE FROM LAST MONTH, C 15 20 24 0 0 1 8.
WALTER OLDEN, 9 2 1 EAST 52ND STREET.
IS MR. OLDEN ONLINE OR HE'S ONLINE? IS HE UNMUTED? CAN YOU HEAR ME OKAY? WE CAN HEAR YOU NOW.
DOES HE HAVE A PRESENTATION? IF WE COULD? YES.
CAN I RAISE A PRESENTATION NOW? HANG ON ONE SECOND, MR. ODEN, WE'LL GET YOU OUR PRESENTATION PULLED UP.
UH, YOU WON'T BE ABLE TO SEE WHAT WE'RE SEEING AND THERE'S LIKE A SLIGHT DELAY.
MADAM CHAIR, YOU DIDN'T DO THE OATH FOR ALL THE PUBLIC.
OKAY, BEFORE WE START, MR. OLDEN, I HAVE TO READ ONE THING.
THANK Y'ALL FOR Y'ALL'S PATIENCE.
UH, EVERYONE WHO'S GOING TO BE GIVING TESTIMONY TONIGHT, CAN Y'ALL HEAR ME OKAY? FOR EVERYONE WHO'S GOING TO BE GIVING TESTIMONY TONIGHT, IF I COULD GET YOU TO PLEASE STAND AND TAKE YOUR OATH.
DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? OKAY, THANK YOU.
I I SHOULD PROBABLY, SINCE I'M HERE AND I MISSED THIS BEFORE, UH, PLEASE PUT YOUR CELL PHONES ON VIBRATE AFTER YOUR CASE IS OVER.
IF YOU HAVE QUESTIONS, CONTACT THE BOARD LIAISON ELAINE RAMIREZ TOMORROW WHEN YOU'RE ADDRESSING THE BOARD, SPEAK DIRECTLY TO THE BOARD.
IF THERE'S ANY OPPOSITION, DO NOT SPEAK TO EACH OTHER.
UH, WE MIGHT NEED TO TAKE A BREAK TONIGHT.
IF WE DO, THAT'LL BE AROUND EIGHT O'CLOCK.
UH, PARKING, UH, VALIDATION FOR THIS FACILITY.
THERE'S A LITTLE STAMP THING ON THAT TABLE BACK THERE.
JUST SIGN IN AND IT'LL PUT ANOTHER BARCODE ON YOUR TICKET THAT IT'LL SCAN WHEN YOU'RE GIVEN IN.
SAME FOR ALL THE BOARD NUMBERS.
SO IF YOU NEED YOUR PARKING VALIDATED, THAT'S WHERE YOU DO IT.
[3. C15-2024-0018 Walter Olden 921 E 52nd Street]
MR. OLDEN, C 15 20 24 0 0 1 8 FOR 9 2 1 EAST 52ND STREET.DO WE HAVE THAT PRESENTATION? THERE IS NO AUDIO ON THAT PRESENTATION.
I WAS GONNA TALK THROUGH IT, BUT YOU SAID I CAN'T SEE THAT AS I WALKED THROUGH.
SO WE ARE ON YOUR FIRST SLIDE.
WHEN YOU'RE READY FOR US TO MOVE TO THE NEXT SLIDE, JUST SAY NEXT SLIDE IT, I THINK IT'S ALREADY TIME, SO TIME TO 15 SECONDS EACH TIME.
SO, SO BASICALLY I HAVE OWNED THIS HOUSE SINCE 1984.
THE ORIGINAL PLOT THAT THIS LAND WAS SIX LOTS.
WE HAVE THE CHURCH MEMBERS WHO ARE ON THE OTHER FOUR LOTS THAT ARE SITTING IN THE AUDIENCE TODAY.
THEY'VE BEEN MY NEIGHBORS FOR MANY ALL THE WHOLE TIME.
ANYWAY, I AM ASKING TO, UM, WAVE SOME VARIANCES OKAY.
FOR MY PROPERTY SO THAT I CAN REDO THE GARAGE, REMODEL THE GARAGE, AND THEN ADD AN APARTMENT ON TOP OF THAT.
AND I'M ASKING FOR VARIANCES THAT AGAINST THE DEAD ALLEY THAT IS NOT THERE.
SO, UM, THAT IS, I HAVE 300 YEAR OLD OAK TREES WITH HUGE CRITICAL ROOT ZONES THAT KINDA LIMIT ANYTHING ELSE I CAN DO.
SO I TRY TO SAVE THESE, KEEP THESE TREES AND FIND LIVING ORDER AND, UH, MAKING MY HOUSE THAT MUCH MORE BEAUTIFUL.
SO AS YOU CAN SEE THE PRESENTATION GOING BY, YOU CAN SEE SOME OF THE DIFFERENT AREAS OF, UH, THE PROPERTY WHERE THE ALLEYWAY WAS SUPPOSED TO BE.
ALLEYWAY IS BLOCKED FURTHER DOWN ON THE OTHER EDGE OF THE BLOCK.
IT WILL, I DOUBT IF IT'LL EVER BE USED AS AN ALLEY.
AND THAT'S PRETTY MUCH WHAT I'M TRYING TO DO.
YOU CAN SEE THE DESIGN FOR WHAT I'M TRYING TO BUILD OVER THERE.
AND, AND I THINK THAT PRETTY MUCH IF YOU GUYS HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER THOSE QUESTIONS.
IS THERE ANY OPPOSITION? SEEING NONE.
LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND OPEN IT UP FOR DISCUSSION
[00:15:01]
QUESTIONS.I, I DO HAVE A QUESTION IN REGARDS TO, UM, THE STRUCTURAL PORTION OF THE GARAGE THAT YOU'RE PLANNING ON ATTACHING TO.
HAVE YOU HAD THAT KIND OF VERIFIED YET SINCE YOU'RE GONNA BE ATTACHING OR ARE YOU ATTACHING TO THAT WALL? YOUR DRAWINGS INDICATE THAT YOU ARE? SO, SO BASICALLY THE, THE, THE ONE WALL WALL IS GONNA BE THE FRONT FRONT WALL THAT'LL HAVE TO BE REINFORCED TO DO THAT WITH A GARAGE DOOR.
IS, IS, YES, WE WILL BE ATTACHING ATTACHING TO THAT.
DID THAT ANSWER YOUR QUESTION? YES.
THANK YOU MADAM CHAIR, BOARD MEMBER BY NOLAN.
AND WHAT IS THE DISTANCE FROM THAT BACK CORNER ON, UH, ON YOUR DRAWING? WELL, LEMME GO BACK UP HERE.
MY FINGERS DON'T WORK ON YOUR DRAWING FROM THE BACK OF THE CORNER OF THE ADDITION WHERE IT'S REALLY CLOSE TO THAT WOODEN DECK, WHAT IS THE DISTANCE BETWEEN THAT AND THE HOUSE THAT, THE MAIN HOUSE IN FRONT? SO, SO FROM THE DECK TO THE EDGE, THE CORNER OF THE HOUSE IS FOUR FEET, ONE INCH.
AND I WOULD SAY DIAGONALLY TO THE HOUSE.
I WOULD SAY THAT'S PROBABLY LIKE EIGHT FEET.
ANY QUESTIONS? I HAVE A QUESTION FOR STAFF AND I DON'T HAVE MY BOOK IN FRONT OF ME.
MAYBE MELISSA COULD HELP ME OUT WITH THIS.
ISN'T THERE A REQUIRED DISTANCE OF 15 FEET FROM ANY ADDITION TO THE MAIN STRUCTURE IN THE HOUSE? I'VE BEEN GONE FOR WHILE I CAN.
YEAH, I CAN GET THAT INFORMATION FROM YOU.
I WANNA SAY THAT MAY HAVE CHANGED WITH THE HOME, BUT I'M NOT, I THAT'S RIGHT.
AND I WASN'T HERE WHEN HE PASSED AWAY.
YEAH, I'D HAVE TO GET BACK WITH YOU.
MELISSA, DO YOU HAVE ANY INSIGHT? I DON'T, I DON'T REMEMBER, UM, WITH WHAT THE CHANGES THAT JUST HAPPENED, WHETHER THAT GOT ALTERED.
WELL THEN MY QUESTION FOR THE, UH, APPLICANT, WHAT IS, UH, WHAT IS YOUR EXTERIOR SIDING GONNA BE ON THAT? I NOTICED IT'S VINYL SIDING ON THE GARAGE RIGHT NOW.
WHAT ARE YOU PROPOSING FOR THE EXTERIOR OF THE ADDITION? IT IS GONNA BE HARDY BOARD.
WHEN I REDID THE MAIN PART OF THE HOUSE WITH HARD BOARD, I DIDN'T WANNA DO ANYTHING TO THE GARAGE BECAUSE I WAS HOPING TO BE ABLE TO REMODEL THE GARAGE ONCE I GOT THAT ONE PART OF MY REMODEL.
SO YOUR HOUSE IS ALSO WITH HARD BOARD AS WELL? CEMENT BOARD.
YEAH, IF YOU SAW THE PICTURES, I'M, LOOK, I'M TRYING TO FIND IT RIGHT NOW.
YEAH, BUT IT'S THE DISTANCE BETWEEN THE TWO STRUCTURES, WHICH IS LIKE AN ADDITIONAL I THINK IT'S, YEAH, IT'S NOT IN 4 92.
BEEN UPDATED LIKE IN MUNI CODE YET.
[00:20:20]
I DON'T KNOW THAT THIS HAS BEEN UPDATED ON UNICODE.AND IT'S, UH, WHAT IT LOOKS LIKE HOME ONE HAS BEEN UPDATED IN MUNI CODE.
YEAH, BUT NOT HOME TWO AND IT, BECAUSE HOME TWO DOESN'T GO INTO EFFECT UNTIL AUGUST.
BUT ONLY HOME ONE WOULDN'T MATTER HERE SINCE IT'S A LARGER LOT.
RIGHT? THAT'S, YEAH, IT'S 50, CORRECT.
BUT WE'RE TALKING ABOUT THE DISTANCE BETWEEN THE TWO AND IF YOU LOOK IN 25 2 7 73 UNDER F TWO C, IT'S 15 FEET.
I BELIEVE IT CAN, ELAINE, DO YOU WANNA DOUBLE CHECK ME THERE? IT'S 25 2 7 7 3 F TWO C IS WHAT I THINK IS APPLICABLE.
ISN'T THE REAR SETBACK ADJACENT TO AN ALLEY? YEAH, BUT HE IS ASKING FOR ZERO FEET AND IT'S FIVE.
YEAH, IT'S MARKED AS 10 ON THE, WELL IT'S 10.
IT, BUT IT SHOULD BE FIVE, FIVE TO ZERO.
BUT THAT'S ONLY FOR A SINGLE LESS THAN 15 FEET.
SO I THINK HE NEEDS TO BE POSTED FOR MORE LANGUAGE.
FOR WHAT? FOR THE DISTANCE BETWEEN THE TWO STRUCTURES? YEAH, IT'S LESS THAN 15 FEET, WHICH LET ME GO BACK AND LOOK.
IT'S NOT MENTIONED ON THAT ONE.
AM I READING IT CORRECTLY? UH, I'M READING YOU'RE TALKING ABOUT F TWO C.
I, I'M UNDERSTANDING THAT TO MEAN THAT THEY CAN MODIFY TO, UH, MODIFY AN EXISTING CARPORT OR GARAGE TO CREATE, TO PROVIDE THE CLEARANCE, BUT IT DOESN'T LIKE LI LIMIT THE CLEARANCE OR SHRINK THE CLEARANCE.
SO THE CODE PREVIOUSLY READ THAT THERE WAS 15, YOU HAD TO HAVE, I BELIEVE IT WAS 15 FEET BETWEEN STRUCTURES.
IT IS PRIMARILY FOR FIRE OR SAFETY.
AND I DON'T MEAN TO THROW A FLY IN MENT THERE, BUT, UH, I JUST WOULD RATHER HIM HAVE EVERYTHING HE NEEDED AS OPPOSED NOT A OBJECT.
I, I FOUND IT UNDER HOME AMENDMENTS.
IT SAYS SEPARATION REQUIREMENTS FOR SEPARATION REQUIREMENTS BETWEEN UNITS.
UM, ZONING REGULATIONS NO LONGER REQUIRE A MINIMUM SEP SEPARATION BETWEEN THE UNITS.
IS THAT IN HOME ONE OR HOME TWO? IT JUST SAYS HOME AMENDMENTS.
I'M NOT SURE WHICH ONE THAT'S IN ON THE, I'M ASSUMING ONE THE HOME AMENDMENTS.
WHICH DROPDOWN DID YOU FIND THAT UNDER THERE? I JUST GOOGLED HOME AMENDMENT CITY OF AUSTIN HOME AMENDMENTS AND I, I BROUGHT IT UP AND THAT AND ALL THE, THE ENTIRE HOME TECHNICAL QUESTION IS KICKING IN ON AUGUST.
I'M NOT GONNA BUST THIS POOR MAN'S CHOPS FOR THAT.
I MEAN IF IT'S, IF IT'S ALREADY AN AMENDMENT THAT'S GONNA BE IMPLEMENTED IN AUGUST, MADAM CHAIR, I'LL MAKE A MOTION TO APPROVE.
UH, THE HARDY, THE HARDY, IN FACT HE'S GOT HARDY
[00:25:01]
BOARD ON BOTH THE HOUSE AND HE'S ANTICIPATING PUTTING IT ON THIS ADDITION.HARDY BOARD DOES HAVE A CERTAIN FIRE, UM, FIRE, UH, RATING AS WELL.
BOARD MEMBER BOWEN? UH, YES MA'AM.
UH, ONE OTHER QUICK QUESTION THEN ON, SINCE THE BACK WALL IN THE GARAGE IS GOING TO BE, ALL THE SIDINGS GONNA PROBABLY COME OFF, IS THAT CORRECT? UH, APPLICANT, SO, YES.
THEN WHAT ABOUT THE REST OF YOUR, THE OTHER TWO SIDES OF YOUR, ARE THOSE, IS THAT GONNA BE TAKEN OFF TO AND REDONE ALSO? OR IS THAT, UH, OH, ARE YOU TALKING ABOUT THE OUTSIDE? EVERYTHING, EVERYTHING IS GONNA BE TAKEN OFF THE OUTSIDE TO BE ABLE TO CREATE WHAT WE NEED TO CREATE.
UH, AND MAKE SURE THAT THE STRUCTURE IS STRONG AND, AND YES, BECAUSE I WOULD IMAGINE THAT THIS GARAGE WAS ORIGINALLY BUILT IN 15, WELL, IT, IT MAY BE BETTER SHAPE THAN SOME OF THE STUFF WE'RE GETTING BUILT RIGHT NOW, BUT THAT'S A DIFFERENT OPINION.
BUT, UH, I'M JUST CONCERNED ABOUT THE FIRE.
I'M GONNA MAKE SURE IT'S IN MUCH BETTER SHAPE THAN, YEAH.
THAN, THAN SOME OF THE SHAPE IS BEING DONE NOW, THAT'S FOR SURE.
YEAH, I I JUST HAD MY CONCERNS OVER, UH, MAKING SURE THAT, UM, FIRE'S GONNA BE SATISFIED WITH THAT SINCE YOU'RE CONNECTING THAT TO IT AND, AND MAKING SURE ARCHITECTURALLY IT LOOKS, LOOKS THE SAME ALSO.
SO THAT'S, THAT'S ONE OF MY QUESTIONS.
I CAN ACCEPT THAT AS A FRIENDLY YES.
I'M GONNA MAKE SURE IT'S GONNA LOOK EXACTLY LIKE THE, MY MAIN HOUSE.
I AM NOT HEARING ANYTHING, UH, AND MICHAEL BONO AND IS, UH, CONTEMPLATING THE HARDSHIP AS HE HAS TO READ THAT INTO THE RECORD BEFORE WE CAN TAKE A VOTE, SO, OKAY.
I WAS JUST NOT HEARING ANYTHING.
IT'S, WE CAN'T SEE AT THE SAME TIME IN YEAH, IT LOOKS LIKE HOME 1 25 2 7 7 3 B THREE.
IT SHOULD BE FIVE ZERO FOR THAT REAR SETBACK.
5 2 0 AND THEN THE SEPARATION OF THE BUILDINGS.
IT'S BEEN STRUCK, SO IT'S NOT EVEN HERE ANYMORE.
AND THIS IS BUILDING BACKWARDS.
WELL, WE HAVE A MOTION TO APPROVE IN A SECOND.
DO YOU WANNA GO AHEAD WITH BINDINGS THEN? WE'LL GO AHEAD AND VOTE.
REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THEIR LOT HAS THREE HERITAGE PECAN TREES THAT ARE EACH OVER A HUNDRED YEARS OLD, BUT THREE DIAMETERS OF 28 INCH, 32 INCH, AND ANOTHER 32 INCH.
THEREFORE, THE CRITICAL ROOT ZONES MAKE THE EXPANSION VERY LIMITED.
THEY WOULD LIKE TO RETAIN THE EXISTING NON-COMPLIANT JO, UH, GARAGE AS PART OF THEIR BUILDING FOOTPRINT.
THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT THE SPACE AVAILABLE TO CONSTRUCT ON THEIR PRO THEIR PROPOSED GARAGE APARTMENT IS VERY LIMITED BECAUSE OF THE CRITICAL ROOT ZONES OF THE THREE EXISTING PECAN TREES.
THE HARDSHIP IS NOT GENERAL TO THE AREA WHICH THE PROPERTY IS LOCATED BECAUSE THEIR PROPERTY IS A CORNER LOT WITH NON-COMPLIANT GARAGE LOCATION THAT WAS BUILT IN THE 1950S AND LIMITED AREA AVAILABLE FOR DEVELOPMENT THAT WILL NOT IMPOSE ON HALF CRITICAL ROOT ZONES OF THE, OF THE HERITAGE TREES AREA CHARACTER.
THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATION OF THE ZONING DISTRICTS IN WHICH THE PROPERTY IS LOCATED.
BECAUSE THE GARAGE WAS BUILT IN THE FIFTIES AND HAS BEEN ESTABLISHED IN THE NEIGHBORHOOD FOR MORE THAN 20 YEARS, THE REMODEL THAT THEY'RE PLANNING WILL NOT INTERFERE WITH ANY OTHER PROPERTY OWNERS AS WELL.
AND THERE WAS A FRIENDLY AMENDMENT
[00:30:01]
FROM COMMISSIONER BOWEN THAT THE GARAGE DURING THE REMODEL PROCESS BE REC RESIDED WITH HARDY PLANK SIDING.OKAY, AGAIN, THIS IS A MOTION TO APPROVE MADE BY MYSELF, SECONDED BY BOARD MEMBER JUAN OLAND, UH, WITH A, I THINK YOU SWITCHED THAT.
OH, YOU, I DID MADE BY MY BOARD MEMBER BY NOLAN AND SECONDED BY MYSELF WITH A FRIENDLY AMENDMENT TO, OR THAT THE REMODEL BE DONE WITH FIRE RESISTANT PRODUCT.
THE EXTERIOR EXTERIOR REMODEL BE COMPLETED WITH FIRE RESISTANT PRODUCT.
WITH YOU BOARD MEMBER BOWEN? THAT OKAY WITH YOU? YES.
OKAY, LET'S GO AHEAD AND VOTE.
YOUR VARIANCE HAS BEEN GRANTED.
THANK Y'ALL FOR YOUR PATIENCE.
WE'RE PROBABLY GONNA BE MUDDLING THROUGH THE HOME AMENDMENTS A LITTLE BIT HERE.
UH, JUST THIS IS PAINFUL FOR US AS IT IS FOR YOU, I PROMISE.
[4. C15-2024-0019 David Chace for Michael and Caroline Hinson 2913 Westlake Cove]
ITEM FOUR C 15 20 24 0 0 1 9.DAVID CHASE FOR MICHAEL AND CAROLINE HINSON.
THANK YOU VERY MUCH FOR YOUR PATIENCE TONIGHT AND HERE IN THIS CASE AT 29 13 WESTLAKE COVE.
I'M REPRESENTING THE OWNERS WHO WISH THEY COULD BE HERE, BUT THEY'RE OUT OF STATE.
I HAVE, UH, ARCHITECT SAM BIRCH HERE IF YOU HAVE ANY, UH, NUANCED ARCHITECTURAL QUESTIONS AS WELL.
BUT WE'RE HERE FOR AN EXISTING, UH, PRIMARY RESIDENCE LOCATED, UH, IN A SMALL ENCLAVE OF, OF HOMES ALONG WESTLAKE COVE, UM, ON LAKE AUSTIN.
AND WE WANT TO, UH, EXPAND AN EXISTING, UH, ONE AND TWO STORY HOUSE TO BE MOSTLY TWO STORY.
UM, I'M RUNNING THROUGH SOME PICTURES AND SOME OVERLAYS GIVE YOU A QUICK, UM, UH, UH, OVERVIEW.
UM, YOU CAN SEE THE SURVEY, YOU CAN SEE THE JAGGED BOAT DOCK AND, UH, LINE ALONG THE WATER.
AND REALLY THE ISSUE IS, IS THAT THIS HOUSE WAS CONSTRUCTED USING CITY OF AUSTIN APPROVED PERMITS STARTING AROUND 2006, 2008 TIMEFRAME.
AND THERE WERE A SERIES OF PERMITS THAT WERE ISSUED BY THE CITY, UH, TO PREVIOUS OWNERS, UH, FOR VARIOUS THINGS, POOLS, THE HOUSE ITSELF, REMODELS, ET CETERA.
AND, UM, THEY WERE ALL APPROVED INCORRECTLY.
AND THAT IS TO SAY THAT THE, THE SHORELINE MEASUREMENT WHEN MEASURED PER THE CODE REQUIREMENT FROM THE SHORELINE, WHICH IS THE 4 92 0.8 CONTOUR, WAS MEASURED INCORRECTLY.
SO THE 75 FOOT SHORELINE SETBACK THAT APPLIES TO THIS LOT, WHICH IS YOU SEE IN YOUR PICTURE HERE, UM, IN THE RED SQUARE, THE LEFT PORTION OF THAT REAR FACADE OF THAT BUILDING FACADE IS, UH, WHEN DONE, WHEN MEASURED CORRECTLY IS ENCROACHING.
AND THEREFORE EVERY SINGLE APPLICATION THAT WAS APPROVED BY THE CITY STAFF BETWEEN ORIGINAL APPLICATION AND AS LATE AS 2017 TIMEFRAME, THE MEASUREMENTS WERE WRONG.
THE THE SITE PLANS ARE WRONG, THE IMPERVIOUS COVER NUMBERS ARE WRONG.
SO WHAT WE HAVE NOW, WHEN IT'S DONE CORRECTLY PER THE CODE AND THE PROCEDURES LAID OUT BY STAFF OVER THE PAST 25, 30
[00:35:01]
YEARS, UM, ESPECIALLY SINCE YOU KNOW THE ADOPTION OF LA ZONING IN THE EARLY EIGHTIES, YOU HAVE A, A SITUATION WHERE NOBODY, NO MATTER IF NO, UH, WORK IS EVEN PROPOSED ON THIS SITE, UM, YOU CAN'T DO ANYTHING WITHOUT A VARIANCE.AND SO WHAT THEY WOULD LIKE TO DO IS ADD A SECOND STORY TO ABOUT, TO THE REMAINDER OF THE HOUSE.
RIGHT NOW, ABOUT 35 OR 40% OF THE EXISTING HOUSE IS, UM, UH, UH, TWO STORY.
AND THEY WANT TO FILL IT OUT AND MAINTAIN THEIR FIVE FOOT SETBACKS ON THE SIDE, REDUCE THE IMPERVIOUS COVER FROM APPROXIMATELY 54% TO AROUND 47, 40 6% IMPERVIOUS COVER WHEN THE ALLOWED 35%.
AND THEY HAVE A VERY SMALL ENCROACHMENT IN THAT 75 FOOT SHORELINE SETBACK.
SO HERE'S A LIST OF ALL THE PERMITS THAT WERE APPROVED, UH, NOT TO MENTION ALL THE SUBSEQUENT INSPECTIONS BY ALL THE DIFFERENT TRADES THAT WERE ALL INSPECTED, COED, UH, APPROVED, AND, AND THEN THE NEXT PERMIT WAS ISSUED AND SO ON AND SO FORTH.
SO WHAT WE'RE HERE TO DO TONIGHT IS AT THE VERY LEAST, IS TO, UH, UH, SORT OF CLEAN THE SLATE SO THEY CAN AT LEAST DO SOMETHING, EVEN IF THEY CHOSE TO DO NOTHING, SOMETHING NEEDS TO BE DONE TO PROVIDE REMEDY TO, TO UNCLOUD THE TITLE TO THIS EXISTING PROPERTY.
BUT WHAT WE WOULD LIKE TO DO, AND I HAVE THIS FOR YOU HERE, THESE ARE JUST ALL THE HISTORY OF THE PERMITS, AND I'LL TRY TO GET TO THE RENDERINGS AS QUICK, AS QUICK, AS QUICK AS I CAN.
UM, TRYING, TRYING, TRYING FOR MY TIME RUNS OUT.
UH, IT'S NOT WORKING, IT'S NOT.
I'LL GIVE YOU A LITTLE EXTRA TIME.
UM, YES SIR, THERE'S A, THERE'S A 3D RENDERING THAT SHOWS THE EXISTING, UH, IN WHITE WITH THE GREEN, UH, PROPOSAL, UH, ABOVE IT.
AND IT GIVES YOU A VERY CLEAR IDEA OF WHAT WE'RE PROPOSING.
AND OF COURSE, IN THE STACK OF THE PACKET THAT YOU HAVE, THERE IS A, UM, UH, A BREAKDOWN ON A SITE PLAN WITH PROPOSED THE OUS COVER.
UM, PROPOSING THE FIVE FOOT SETBACKS REMAIN.
WE'RE EVEN PROPOSING TO REMOVE AN ENTIRE COBBLESTONE DRIVEWAY THAT'S BEAUTIFUL AND TURN IT INTO STRIPS, UH, FOR THE PORTIONS THAT WE CAN TO REDUCE AS MUCH AS PERVIOUS COVER, UH, WITH SOME SORT OF, UM, UH, YOU KNOW, UH, GIVE SOMEWHERE WHERE WHEREVER WE CAN FIND IT.
UM, AND SO WHERE THERE ARE FIVE FOOT SETBACKS, WE WANT TO GO UP, WE WANT TO GO UP ABOVE THE GARAGE AND WE WANNA REDUCE THE IMPERVIOUS COVER AND WE WANT TO VERY, UH, BRIEFLY ENCROACH INTO THE SO FOOT REBACK SHORELINE SETBACK.
UNFORTUNATELY, I HAVE TO CUT YOU OFF.
DON'T, OF COURSE WE DON'T HAVE A BUZZER HERE.
UH, JUST LET'S GO AHEAD AND, UH, IS THERE ANY OPPOSITION? NO.
THEN LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND I'LL START WITH THE FIRST QUESTION.
THE 3D DIAGRAM YOU WERE REFERRING TO.
THERE ARE SEVERAL IN THE BACKUP.
UH, CAN YOU TELL US WHICH VIEW YOU, YOU HAD IN YOUR PRESENTATION? THERE'S A RIGHT LEFT FRONT AND REAR WITH THE GREEN PROPOSED.
THEY'RE ALL, WELL, ANYTHING THAT'S GREEN IS NEW ON, ON THOSE RENDERINGS THAT'S PROPOSED UNDER THIS, UH, VARIANCE REQUEST.
THOSE ARE ITEMS FOUR 14 THROUGH FOUR 16.
ANYTHING THAT'S WHITE IS EXISTING TO REMAIN ON THE SITE PLAN.
UH, THE 2D SITE PLAN VIEW, UH, SHOWING THE SHORELINE MEASUREMENT WE'RE PROPOSING A 50 FOOT SHORELINE SETBACK REDUCED FROM 75 FOR THAT REAR FACADE PORTION YOU SAW ON THE RED SQUARE, UH, PICTURE TO ACCOMMODATE THAT WHOLE FACADE.
AND THERE'S A SECOND FLOOR, UH, FOUR OR FIVE FOOT DEEP RAILING EXISTING THAT, UH, WE, WE THOUGHT IT WOULD JUST BE CLEANER TO PROPOSE A 50 FOOT STEP BACK RIGHT IN FRONT OF THAT FACADE AND THEN IT COULD JUMP BACK TO 75 FOOT AS REQUIRED BY THE CODE.
WHEN YOU LOOK AT THE SHORELINE, IT IS SO IRREGULARLY SHAPED, UNUSUALLY IRREGULARLY SHAPED THAT THE CODE REQUIRES YOU TO MEASURE THIS, IN THIS CASE 75 FOOT IN ALL DIRECTIONS.
WHAT I DISCOVERED PEOPLE HAD DONE IN THE PAST, PRIOR APPLICANTS IS THEY HAD SIMPLY JUST WENT TO THE PROPERTY LINE, YOU KNOW, SOME 10 FOOT OUT IN THE WATER BEYOND THE SHORELINE AND JUST MEASURED 75 FOOT
[00:40:01]
BACK AND DRAWN IT AT AN ANGLE AND THEN SORT OF PUT THE POOL IN THE HOUSE BEHIND IT.BUT THAT'S NOT THE WAY YOU DO IT.
IT'S NEVER BEEN DONE THAT WAY.
UH, OTHER QUESTIONS? BOARD MEMBER BOWEN.
SO ARE ALL THE PERMITS, PAST PERMITS, ARE THEY CLEAR, FREE AND CLEAR NOW? THEY'RE ALL, THERE'S NO, THERE'S NO OPEN PERMITS OUT THERE.
THEY WERE ALL FINAL AND ISSUED CERTIFICATE OF OCCUPANCIES.
SO, AND THEY DIDN'T REQUEST ANY VARIANCES ON THOSE AS TO THEY JUST SAID, WE SCREWED UP AND GAVE YOU A PERMIT AND IT VIOLATED.
THEY DIDN'T SAY THE FIRST PART.
WE DISCOVERED IT, UH, WHEN WE WENT THROUGH THE DESIGN PROCESS, I DUG IT UP AND SAID, WHAT'S THE PROBLEM? WHY ARE THEY SO OUT OF, UH, SYNC WITH THE REQUIREMENTS AND DISCOVERED THE HISTORY? WELL, NO MATTER WHO, WHO MESSED UP, WHETHER IT WAS THE ENGINEER THAT, OR THE ARCHITECT THAT DOES, DID THE ORIGINAL DESIGNS ON THOSE THAT THAT DIDN'T MEET THE REQUIREMENTS.
IT'S, IT'S STILL THERE WAS AN ISSUE WITH THAT, CORRECT? YES, SIR.
SO EVEN THOUGH THEY WERE ISSUED, BUT THERE AGAIN, I'M JUST TRYING TO MAKE SURE THAT OUT OF THAT LIST OF PERMITS THAT EVERYTHING IS ACTUALLY CLOSED.
OKAY, SIR, IN, IN YOUR PACKET, THERE'S A, THERE'S A THREE PAGE OF THE CITY OF AUSTIN PUBLIC SEARCH WITH ALL, AND YOU CAN SEE THEY'RE ALL FINALED OUT.
IT WAS A LITTLE BITTY TO TRY TO READ AND BLOW UP AND, AND GO FROM THERE.
SO THAT, THAT'S THE REASON FOR ASKING THE QUESTION.
VERSUS SEEING WHAT IT SAYS ON A PIECE OF PAPER.
SO MR. CHASE, BASICALLY WHAT YOU'RE SAYING HERE AND WHERE I CAN'T SEE THAT LITTLE RED LIGHT AND WHERE, UM, COMMISSIONER BOWEN IS GOING, ALL PERMITS HAVE BEEN, EVEN THOUGH ALL PERMITS HAVE BEEN CLOSED ON IT, YOU GOT YOUR CO AND YOUR CERTIFICATE OF OCCUPANCY AND EVERYTHING IN ORDER TO DO ANY REMODELING OR ANYTHING AT ALL BECAUSE OF SOME OF THE ERRORS AND MISSTEPS ALONG THE WAY, YOU STILL NEED THESE THREE VARIANCES BECAUSE YOU'VE GOT HVAC FOOTPRINTS IN THE FIVE FOOT SIDE SETBACK.
YOU HAVE HVH FOOTPRINTS ALSO, UH, IN A ANOTHER AREA AND TO PARTIALLY REDUCE THAT SHORELINE AND THE, UH, WHAT I SEE OF THE REDUCED IMPERVIOUS COVER, YOU'RE BASICALLY REDUCING A 6.5%.
BUT THOSE ARE THE THREE MAJOR THINGS BASED ON WHAT I'M SEEING IN YOUR, UH, REASONABLE USE AND YOUR HARDSHIP THAT YOU'RE ASKING FOR SO THAT YOU CAN DO SOME REMODELING.
BECAUSE IT'S STILL ON THERE, MADAM CHAIR.
I KNOW IT'S A, IT'S A CONFUSING AND IT, IT IS A COMPLICATED, UH, CASE.
I LOOKED AT IT, UM, SEVERAL TIMES TRYING TO GET, UM, HIS HARDSHIP, I HIS HARDSHIP.
I, I FIRMLY BELIEVE IS LEGITIMATE TRYING TO GET IT WORDED IN AN APPROPRIATE WAY THAT, YOU KNOW, IT WAS A LITTLE CHALLENGE.
UM, I'M GONNA, I'LL DO THE BEST I CAN, BUT I'M GONNA MAKE A MOTION TO APPROVE.
I'LL SECOND THAT, BUT I NEED YOU TO TIE IT TO A DRAWING.
MADAM CHAIR, IF THERE'S NO OTHER, UH, QUESTIONS, I CAN TRY TO READ THESE, UH, FINDINGS WHILE MELINDA ADDS A FRIENDLY AMENDMENT OF TYING IT TO A DRAWING BECAUSE I'M GONNA BE OPEN TO DOING THAT.
ANYHOW, DO YOU WANNA, DO YOU WANNA LOOK AT IN THE ADVANCE PACKET 4 4 9 4 9? I'M NOT, I'M NOT SURE WHAT OPTION B MEANS.
UM, I THINK WE'RE SITE PLAN OPTION B SEVEN.
I I DO HAVE ONE OTHER QUESTION.
ONE MORE BOEING, I ACTUALLY FOUR EIGHT.
YEAH, I WAS GONNA SAY FOUR EIGHT'S BETTER THAN FOUR NINE.
IS EVERYTHING BEEN DISCOVERED ON THIS? YES SIR.
IF YOU APPROVE IT, WHAT YOU SEE IS WHAT'S GOING TO GET BUILT BASED ON YOUR RECORD OF BEING UP HERE.
AS LONG AS YOU HAVE DAVID, AS LONG AS I'VE BEEN UP HERE, I'M PRETTY SURE IT'S GONNA BE, UH, FAIRLY, IT'S GONNA BE BUILT AS ACCORDINGLY.
WE'RE GONNA TIE FOR, UH, TAKE A LOOK AT YOUR PRESENTATION, PAGE FOUR EIGHT TO IT, AND THAT'LL BE TIED TO YOUR, UH, APPROVAL.
[00:45:02]
I, I APPRECIATE THAT.IS IT THE PRESENTATION OR IS IT THE ADVANCED PACKET? IT'S, UH, OH AND ADVANCED PACKET.
THE PRESENT PRESENTATION PACKAGE.
IT SAYS FOUR EIGHT DOWN IN THE RIGHT HAND CORNER.
IT SAYS EXHIBIT TWO AND THAT'S WHERE, YEAH, IT'S, IT'S FOUR EIGHT.
EXHIBIT TWO, PROPOSED SITE PLAN.
NOW THIS IS GONNA BE A CHALLENGE, BUT I'LL DO THE BEST I CAN.
ORIGINALLY, UH, THERE IS ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR A REASONABLE USE BECAUSE THE PROPERTY ORIGINALLY CONSTRUCTED IN 2006 ON SUBSTANDARD, LOT LESS THAN ONE ACRE REQUIRED BY AUSTIN ZONING REGULATIONS AND THE CURRENT REQUEST TO REMODEL THE INTERIOR AND ADD A SECOND FLOOR ABOVE THE EXISTING FIRST FLOOR TO BETTER ACCOMMODATE GROWING FAMILY AND MOBILITY ISSUES IN THE CONTEMPORARY LAYOUT.
THAT WILL BE HIS REASONABLE USE HARDSHIP.
THIS IS GONNA BE THE TRICKY ONE.
A HANDFUL OF NON-COMPLIANCE ISSUE CURRENTLY PROHIBITING ANY ADMINISTRATIVE REMEDY.
THE OWNER IS FORCED TO SEEK REMEDY FROM THE BOA.
THE GROSS SIDE AREA OF THE LOT IS IN CONFLICT.
IN THE PROPOSED REMODEL, I ADDITIONAL THE PROPOSED REMODEL ADDITION PROPOSES TO ADD A SECOND FLOOR TO PORTIONS OF AN EXISTING FIRST FLOOR RESIDENCE IN ORDER TO ALLOW FOR FLOOR PLAN SUITED FOR THE OVERALL USE OF THE PROPERTY.
NO ADMINISTRATIVE REMEDY IS AVAILABLE TO THE PROPERTY GIVEN A SERIES OF ERRORS APPROVED BETWEEN 2006 AND 2017, WHICH THE ATTACHED EXHIBITS REFLECT MISTAKES AND CONFLICTING INFORMATION WAS FOUND INSIDE THE CITY OF AUSTIN.
AMANDA ENTRIES FOR THIS PROPERTY, DESPITE THE PRIOR ERRORS ON THIS PROPERTY, THEY NOW, WHICH NOW HAVE RESULTED IN A LIST OF ERRONEOUS APPROVALS, WHICH PROHIBIT THE PROPERTY FROM BEING FROM ANY IMPROVEMENTS, SANS RELIEF FROM THE BOARD OF ADJUSTMENTS.
THEREFORE, A VARIANCE IS REQUIRED.
THE HARDSHIP IS THAT WITHOUT THE BOARD OF ADJUSTMENTS, VARIANCE IS APPROVAL.
NO WORK, NO REMODELING, NO UPDATING CAN BE DONE ON ITS PROPERTY.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE THE APPLICANT NOR HOMEOWNER WAS AWARE OF ANY PROPERTY IN THE AREA OR IS AWARE OF ANY PROPERTY IN THE AREA WHICH IS EXPERIENCED TO THIS DEGREE OF ERROR SPANNING AL ALMOST 12 YEARS AREA CHARACTER.
THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY, WILL NOT IMPAIR THE PURPOSE OF THE REGULATION OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED.
BECAUSE THE REQUESTED VARIANCES FOR THE PARTIAL SWORN REDUCTION, REDUCED SIDE YARD SETBACKS AND ALLOWING THE REDUCTION OF THE IMPERVIOUS COVERAGE ALL WILL HAVE ZERO ADVERSE IMPACT TO THE ADJACENT PROPERTIES.
MADAM CHAIR, THAT WORKS FOR ME.
OKAY, AGAIN, THIS WE DONE BETTER, BUT
ITEM FOUR EIGHT, MARKED AS EXHIBIT TWO, PROPOSED SITE PLAN.
WHO'S, SORRY, THAT'S, OH, WERE YOU CALLING TRUMAN? YEAH.
I WAS LIKE, WHO'S CALLING ME? I, SORRY.
TRUMAN GRABBED A TOY AND IT WAS PRETTY FUNNY BECAUSE LIKE AS SOON AS YOU CALLED THE BOAT, TRUMAN GRABBED A TOY AND CAME WALKING IN THE BOY TRUMAN.
[5. C15-2024-0022 Gerardo Maximiliano Martinez, PE 1012 Vargas Road ]
ON TO ITEM FIVE C 15 20 24 0 0 2 2.[00:50:01]
TO BE GERARD GERARDO, MAXIM MILANO MARTINEZ 4 1 0 1 2 VARGAS ROAD.ONCE WE HAVE YOUR PRESENTATION UP, OKAY.
STATE YOUR NAME FOR THE RECORD PLEASE.
HELLO, MY NAME IS MAX MILANO MARTINEZ.
THANK YOU BOARD MEMBERS FOR YOUR TIME HERE TO TALK ABOUT THE, UH, SUBDIVISION AT 10 12 VARGAS.
IT'S A 12,460 SQUARE FOOT LOT THAT WE'RE PROPOSING TO SUBDIVIDE INTO TWO 6,200 SQUARE FOOT LOTS.
UH, GONNA SHOW YOU GUYS, I THINK THIS WORKS.
SO THIS IS A SORT OF A MAP OF THE NEIGHBORHOOD THAT SHOWS THE CHARACTER AND THE SIZES OF, OF ALL THE SF THREE LOTS IN THE NEIGHBORHOOD ARE BETWEEN SIX AND 7,000 SQUARE FEET.
UM, THIS LOT IS LOCATED ON THE CORNER OF MONTANA AND VARGAS, UM, AND HAS 89.4 0.5 FEET OF FRONTAGE ALONG VARGAS.
SO WE'RE HERE TO ASK FOR A VARIANCE TO ALLOW FOR TWO SINGLE FAMILY LOTS WITH LESS THAN 50 FEET OF FRONTAGE EACH.
AND I WANTED TO DISCUSS TWO HARDSHIPS THAT WE'RE FACING.
UM, THE FIRST ONE IS MONTANA ROAD.
UM, I REACHED OUT TO A TD TO DISCUSS WHAT IT WOULD TAKE TO REDEVELOP THIS TO HAVE PROPER FRONTAGE WIDTH ON MONTANA.
UM, THEY POINTED OUT THAT IT'S NOT IN THE A SMP, THEY HAVE NO PLANS TO DEVELOP IT.
AND THAT DEVELOPING IT WOULD BE CHALLENGING BECAUSE IT TAKES MORE RIGHT OF WAY, UH, TO DO PROPER TURNAROUND.
LIKE A CUL-DE-SAC WOULD TAKE ABOUT 96, I THINK, UH, DIAMETER, UH, TO DO THE TURNAROUND, UM, OR KIND OF A CUT INTO ONE OF THE SIDES TO ALLOW FOR TURN FOR VEHICLES TO TURN AROUND AND NOT MANEUVER IN THE RIGHT OF WAY.
UM, AND ACTUALLY OPENED IT UP TO THE POSSIBILITY OF RIGHT OF WAY VACATION.
UM, WHICH IS OUTSIDE OF MY CONTROL BECAUSE I NEED THE NEIGHBORS THAT ARE, ARE ACROSS FROM MONTANA TO BUY IN AS WELL.
I DON'T HAVE CONTROL OVER THAT AND THEY DON'T REALLY SEEM TO BE, UH, MOTIVATED TO DO SO.
UH, THEN THE NEXT OPTION TO LOOK INTO WAS TO DO A FLAG LOT.
UM, AND A FLAG LOT DOESN'T WORK ALONG VARGAS BECAUSE THE PORTION OF THE FLAG DOESN'T COUNT TOWARDS THE MINIMUM SITE AREA OF, OF, UH, 57 50.
AND I DON'T HAVE ENOUGH LOT AREA TO DO THAT.
UM, LET ME SEE IF WE GOT SOME MORE HERE.
YEAH, SO THERE'S A ZONING MAP.
I THINK WHEN IT WAS ORIGINALLY PLATTED IT WAS THOUGHT OF A CORNER LOT.
I THINK THAT'S WHY IT'S MUCH BIGGER THAN ALL OF THE OTHER LOTS ON THAT STREET.
UM, BUT WE REALLY BELIEVE THAT THAT SUBDIVIDING INTO TWO LOTS BETTER MEETS THE, THE INTENT OF THE NEIGHBORHOOD, IF YOU WILL.
UM, SO JUST TO JUST SUMMARIZE THE, THE TWO HARDSHIPS WERE THE FLAG LOT, NOT A LOT NOT BEING BIG ENOUGH FOR FLAG LOTS AND, UM, MONTANA NOT BEING FEASIBLE TO DEVELOP.
IS THERE ANY OPPOSITION? SEEING NONE, LET'S CLOSE THE PUBLIC HEARING.
I DON'T HAVE A QUESTION, BUT I'LL MAKE A MOTION TO APPROVE.
SORRY, WHO WAS THAT SECOND? MELISSA.
ANY OTHER QUESTIONS? DISCUSSION BOARD MEMBER BOWEN.
NOPE, THAT'S WHAT THIS TIME IS FOR.
NO, I, UH, BASED ON OUR RECENT CHANGES MM-HMM.
SO LIKE HOME TWO? WELL, ONE AND TWO, I MEAN, HOME TWO IS AN OPTION, BUT IT, IT, THE SMALLER LOTS ONLY ALLOW FOR ONE UNIT ON EACH OF THE LOTS.
SO I THINK WITH, WITH TWO 6,000 SQUARE FOOT LOTS WITH HOME ONE, YOU COULD POTENTIALLY GET TWO HOUSES ON EACH OF THOSE LOTS.
[00:55:01]
NOT ENOUGH IMPERVIOUS COVER, BUT HOME TWO THAT ALLOWS FOR SMALLER LOTS LIMITS TO ONE.THAT'S MY UNDERSTANDING AT LEAST.
YEAH, I I, BECAUSE I REALIZE THIS WAS OUT PRIOR TO SOME OF THAT, BUT IT'S, AND NOTHING'S BEEN WASHED OUT YET.
I WAS JUST KINDA CURIOUS AS TO, BECAUSE YOU COULD JUST REALLY KIND OF DIVIDE IT UP AS YOU WITHOUT HAVING TO, SOUNDS LIKE GO THROUGH SOME OF THIS PROCESS HERE, ESPECIALLY UNDER HOME ONE SINCE IT, THE LOT COULD HAVE BEEN SMALLER.
I I BELIEVE THAT FOR SMALLER LOTS, UM, YOU'RE CAPPED AT ONE HOME PER, PER LOT.
SO I, I, AND I THINK THIS WAS JUST A, A BETTER OKAY.
IT JUST, IT WAS JUST A CURIOUS YEAH, IT WAS TOO LATE.
YOU, YOU ALREADY COMMITTED SO YOU PAID ALL THAT MONEY.
IF I ANY COMMENT? MAD CHAIR, BOARD MEMBER VAN.
I'M GLAD YOU ASKED A QUESTION BECAUSE WHEN YOU ASKED THAT QUESTION YOU CONFIRMED WHAT MY THOUGHTS WERE WAS BY BREAKING IT UP INTO TWO LOTS.
I WAS OUT THERE IN EAST AUSTIN THIS WEEKEND, SO I I WAS PASSED BY THAT ONE IN THE ONE ON CANTERBURY.
I SAW ANOTHER ONE ON CANTERBURY, BUT, UM, UH, YOU'LL BE ABLE TO GET FOUR HOMES OUT THERE VERSUS ONLY BEING ABLE TO GET TWO ON ONE BIG LOT.
THEY MIGHT HAVE BEEN A LITTLE BIT BIGGER BECAUSE OF YOUR FLOOR PLAN OR YOUR, YOUR FOOT FAR YOUR FOOT AREA RATIO, BUT YOU WOULD'VE ONLY GOT TWO INSTEAD OF FOUR.
AND THE SHORTAGE THAT WE HAVE IN HOUSING, ESPECIALLY ON THE EAST SIDE, I THOUGHT YOU MADE A GOOD, A WISE CHOICE WITH THAT, BUT THANK YOU FOR CONFIRMING.
DEPENDING HOW SMALL THEY WANNA BUILD, YOU REALLY COULD FIT THREE IF YOU WANNA DO LIKE 8 50, 900.
I COULD LIVE IN THAT
UH, I'M WORKING WITH A LOT OF ARCHITECTS IN TOWN ON DIFFERENT PROJECTS THAT ARE TRYING TO DO THE THREE HOMES.
I'M A CIVIL ENGINEER IN TOWN AND THE IMPERVIOUS COVER REALLY IS KIND OF LIMITING 'CAUSE OF THE DRIVEWAY AND EVERYTHING.
UM, BUT WE COULD TRY, WE CAN TRY AND THERE'S ALWAYS US
IMPERVIOUS COVER VARIANCES ARE REALLY HARD TO GET SORT OF, BUT UH, BUT WHO NEEDS A CAR?
WHO NEEDS A CAR? REASONABLE USE THE, UH, THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THE EXISTING HAS HAVE THREE LOT HAS 12,470 SQUARE FOOT OF LAND AREA.
THERE IS ENOUGH LAND AREA TO CREATE TWO TO CREATE TWO SF THREE LOTS ABOVE 5,750 SQUARE FEET TO PROVIDE MORE HOUSING IN THE NEIGHBORHOOD.
HOWEVER, HE WAS SHORT A FEE, WHAT I THINK IT WAS, UH, FOUR FEET OR SOMETHING.
THE HARDSHIP FOR WHICH A VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT THE SUBJECT PROPERTY WAS SIZED TO BE A CORNER LOT.
THE SUBDIVISION ALONG FRONT FRONTAGE ALONG MONTANA ROAD IS NOT FEASIBLE.
A FLAG LOT IS NOT FEASIBLE ON THIS LOT BECAUSE THE FLAG PORTION OF THE SUBDIVISION DOES NOT COUNT TOWARDS THE TOTAL LOT AREA AND THERE'S NOT ENOUGH AREA TO COMPLETE TWO STANDARD SF THREE LOTS.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE THE SUBJECT TRACT IS CONFIGURED IN SUCH A WAY THAT IT'S LARGE ENOUGH FOR TWO STANDARD SF THREE LOTS, BUT NOT WIDE ENOUGH TO PROVIDE THE REQUIRED 50 FOOT FRONTAGE AREA CHARACTER.
THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY.
IT WILL NOT IMPAIR THE PURPOSE OF THE REGULATION OF THE ZONING DISTRICT, DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE VARGAS ROAD IS MADE UP MOSTLY OF 6,000 TO 8,000 SQUARE FOOT SINGLE FAMILY LOTS AND THEY ARE PROPOSING TO SUBDIVIDE AN EXISTING 12,000 SQUARE FOOT LOT INTO TWO 6,000 FOOT LOTS.
DOING SO WILL NOT IMPAIR CO A'S ZONING INTENT FOR THIS AREA.
AGAIN, THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER VON OLIN.
LET'S CALL THE VOTE AND I'M GONNA CHANGE IT UP THIS TIME AND START AT THE BOTTOM.
OKAY, THAT VARIANCE IS GRANTED.
[6. C15-2024-0020 Ian Wilson 2215 Canterbury Street ]
ITEM SIX.THIS WILL BE C 15 20 24 0 0 2 0.
AND WILSON 4 2 2 1 5 CANTERBURY STREET.
[01:00:07]
HELLO.OKAY, STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES.
THIS IS OUR FIRST VARIANCE AND HOPEFULLY LAST.
SO THANK YOU FOR BEARING WITH US.
UH, WE'RE AT SEEKING A VARIANCE FOR THE FRONT SIDE STREET AND INTERIOR SIDE YARD SETBACKS.
WE REQUEST THAT THEY ARE MADE TO MATCH THE EXISTING STRUCTURE IN ORDER FOR US TO CONDUCT A SIGNIFICANT SORELY NEEDED RENOVATION AND BUDGET, ALLOWING ADDITION.
WE'RE THE THIRD OWNERS IN THE LAST A HUNDRED YEARS.
THERE'S A LOT THAT NEEDS TO BE FIXED AND WE LOVE IT.
WE DON'T WANT TO PRESERVE ITS CHARACTER AND AS MUCH OF THE STRUCTURE AS WE CAN.
THE QUICK HISTORY IS THAT THE LOT WAS PLOTTED IN 1915.
IT'S PART OF BENSON'S SUBDIVISION.
THE HOUSE WAS BUILT IN 1918 AND THEN IT WAS EXPANDED PROBABLY TWICE.
THERE'S VERY LIMITED PERMIT HISTORY THAT WE CAN SEE.
UH, AND THERE'S A CARPORT THAT WAS BUILT ALONG THE WESTERN FACE, WHICH IS THE OPPOSITE SIDE FROM THIS PERSPECTIVE.
THE RIGHT IN THE SURVEY, UH, THAT WAS BUILT AFTER 1948, OR SORRY, 84, BUT BEFORE 97, UH, FRONT YARD SETBACK, UH, THIS IS THE HOUSE IS VIEWED FROM THE FRONT ACROSS CANTERBURY AS NOTED IN THE TOP RIGHT.
THE HOUSE IS ABOUT 20 FEET FROM THE PROPERTY LINE, ROUGHLY WHERE THAT FENCE IS.
AND ABOUT 36 FEET FROM THE CLOSEST CURB.
THIS IS ACROSS MILDRED, THE SIDE STREET.
THE HOUSE IS NINE FEET FROM THE PROPERTY LINE AND ABOUT 24 FEET FROM THE CURB.
UM, JUST NOTE, THE CITY INSTALLED RETAINING WALL AND THEN THIS IS THE INTERIOR SIDE YARD.
UH, THE CARPORT GOES UP TO THE PROPERTY LINE WAS AS MENTIONED, BUILT AFTER 84, BEFORE 97.
AND THAT SOUTHERN PORTION OF THE HOUSE THAT YOU CAN SEE IN THE RIGHTMOST IMAGE GOES UP THREE AND A HALF FEET AWAY FROM THE PROPERTY LINE.
UH, BUT WE'RE PLANNING TO PULL THAT BACK TO FIVE FEET.
AND THE HARDSHIPS THAT WE SEE IS THAT, OR RATHER, UM, YOU DON'T SEE ANY ALTERNATIVES, UH, GIVEN THE SIZE, NUMBER AND LOCATION OF THE TREES ON OR AROUND THE LOT.
YOU SAW ALL THAT LOVELY GREEN IN THE FIRST IMAGE.
THE PLATTED LOT SIZE IS REALLY, DOESN'T HAVE MUCH TO DEVELOP ON WITH THE CURRENT CORNER LOT SETBACKS.
UH, AND THAT DRIVEWAY WAS CITED ON THE WEST FACE OF THE PROPERTY LINE, WHICH MEANS THAT THERE'S JUST 15 FEET ON ONE SIDE THAT CAN'T BE DEVELOPED 10 FEET ON THE OTHER.
UM, AND SO WHAT WE'RE SEEKING TO DO AFTER THIS IS TO KEEP THE RIGHTMOST PORTION OF THE HOUSE AS YOU SEE IT.
UH, WE WANNA PRESERVE IT, UH, LARGELY AS IT IS.
SOME MINOR CHANGES MIGHT HAPPEN UH, AS WE UNCOVER WHAT SINS WERE DONE TO THE HOUSE IN THE PAST.
LIKE SOME OF THE WINDOWS WERE SWAPPED FOR SMALLER AND WORSE ONES.
THE MIDDLE SECTION OF THE HOUSE, AS YOU SEE THAT YELLOW LINE, THAT WOULD BE RAISING THE ROOF OF ONE OF THE 1960S ERA ADDITIONS TO MATCH UP WITH THE ORIGINAL 1918 SECTION.
AND THAT ALSO WOULD BE PARTIALLY IN THE SETBACK, MAKING IT A LITTLE BIT TALLER.
AND THEN THE BACK PORTION OF THE HOUSE, THAT SECOND FLOOR WOULD BE COMPLETELY WITHIN SETBACKS AND WOULD BE PULLED BACK AWAY FROM THE HERITAGE TREE ON THE SOUTH END OF BASICALLY INCHES AWAY FROM THE SOUTH END OF THE HOUSE.
AND WE DON'T ACTUALLY HAVE A SPEC.
DID I MAKE THAT SOUND? YEAH, IT'S OKAY.
UM, UH, WE DON'T ACTUALLY HAVE A SPECIFIC DRAWING FOR THE CARPORT YET.
BE BASICALLY WANNA KEEP THE CURRENT THING, UM, BUT JUST MAKE IT LESS LONG.
IT'S CURRENTLY 60 FEET LONG, SO LIKE THREE CARS LONG BLOCKS, A WHOLE BUNCH OF LIGHT, IMPERVIOUS COVER, ET CETERA.
UM, AND OBVIOUSLY WORK AROUND THE CRITICAL ROOT ZONES AND ANYTHING ELSE? UH, I WAS SMART ENOUGH TO WATCH THE MAY CASE AND THESE WERE THE FOUR STIPULATIONS THAT YOU ALL HAD FOR THAT CARPORT.
SO COME TO THE AREA, APPROPRIATE SCALE, THREE SIDES OPEN, ACCOMMODATING FOR OUR NEIGHBOR'S FENCE THAT RUNS ALONG ONE SIDE OF IT, UM, AND GUTTERS OR WHATEVER OTHER MITIGATION FOR PREVENTING RUNOFF.
UM, SOMEBODY MENTIONED LAST TIME A SOLAR PERGOLA.
THAT'S ALSO SOMETHING WE'RE OPEN TO EXPLORING.
UM, SO KIND OF, IT DOESN'T EXIST AS A DRAWING BECAUSE WE'RE REALLY, WE JUST WANT SOME WAY TO KEEP FALLING BRANCHES FROM HITTING CARS.
UM, AND THERE'S SOME EXISTING CARPORTS.
UH, THE ONE ON THE LEFT IS OURS.
THE ONE IN THE CENTER IS ACROSS CANTERBURY AND THE ONE ON THE RIGHT IS ACROSS MILDRED STREET FROM US.
UM, I THINK THAT HOUSE ON THE RIGHT ACTUALLY JUST GOT A DEMO PER PERMIT PULLED FOR IT.
SO ONE FEWER BUNGALOW IN THE NEIGHBORHOOD AND THAT IS ALL FOR ME.
[01:05:03]
OKAY.UH, WE SPOKE WITH THE NEIGHBORHOOD ASSOCIATION AND ALL OF OUR NEIGHBORS, I DUNNO WHETHER ANY OF THEIR LETTERS CAME IN IN TIME, BUT WE'VE TALKED TO EVERYBODY.
IS THERE ANY OPPOSITION? SEEING NONE, LET'S CLOSE THE PUBLIC HEARING.
I OPEN IT UP TO QUESTIONS OR A MOTION.
UH, MADAM CHAIR, I HAVE A QUESTION.
IN YOUR PACKET YOU HAD A LETTER AND YOU WERE TALKING ABOUT THE PRE THIS BEING PRELIMINARY DRAWINGS AND RENDERINGS.
UH, AND SO THERE ARE EXCERPTS FROM YOUR LATEST REVISION.
YOU EXPECT, AND IT SAYS HERE, AND I QUOTE, WE EXPECT ELEMENTS OF THE DESIGN TO CHANGES.
WE REFINE THE DESIGNS, BUT WE DO NOT PLAN TO CHANGE THE FOOTPRINT OR ROOF LINE OF THE ORIGINAL 1918 SECTION 8 19 18 SECTION.
ANY FOOT PLAN, FLOOR PLANS OR SIMILAR AREA NOT SUBMISSIONS FOR PERMITTING.
I UNDERSTAND THAT, BUT MY QUESTION TO YOU IS WHEN YOU'RE MA MAKING THAT STATEMENT, YOU'RE TALKING ABOUT YOUR, YOUR INTERIOR REMODELING NOT ANY ADDITIONS OR ADD-ONS TO THE EXISTING BUILDING.
SO, UM, THE, ONE OF THE DISCLAIMERS ON THE DRAWINGS ARE JUST THE STANDARD THAT OUR ARCHITECTS INCLUDE.
SHE SAID IT'S FINE TO SUBMIT THEM.
UM, THE REASON THAT I DIDN'T WANT TO COMMIT TO THOSE BEING THE EXACT FINAL DRAWINGS IS THAT WE'RE WORKING ON HOW FAR BACK FROM THE TREES WE NEED TO BE ON THE SOUTH EDGE OF THE HOUSE.
UM, SO I DON'T KNOW WHETHER WE'RE GONNA BE, SO WE'RE CURRENTLY MAYBE SIX INCHES AWAY FROM THE TREE.
I DON'T KNOW WHETHER THEY'RE GONNA PULL BACK TO FOUR FEET OR SIX FEET.
THAT'S SOMETHING THAT WE'RE GONNA WORK WITH THE, THE ARBORIST ABOUT HOW FAR EXACTLY THAT PORTION OF THE STRUCTURE IS PULLED BACK.
SO THAT FOOTPRINT MIGHT CHANGE JUST GETTING SMALLER.
BUT WHAT WE'LL DO IS SEE WE CAN, HERE'S, HERE'S WHERE I'M GOING WITH THIS.
WE HAVE NEVER GRANTED A VARIANCE, BASICALLY AN OPEN CHECKBOOK WITH A LOT OF VARIABLES.
WE CAN GRANT YOU, BASED ON WHAT I'M HEARING YOU SAY HERE NOW ON THE RECORD, WE CAN GRANT YOU A VARIANCE FOR WHAT YOU'RE ASKING FOR HERE.
IF YOU DECIDE TO PULL BACK AND MAKE IT LESS, THAT'S FINE, BUT YOU CANNOT CONTRIBUTE TO MAKING IT MORE OH YEAH.
THE, THE ONLY BECAUSE THAT ONLY THING WE DO IS PULL BACK ONLY WE GRANT WHAT YOU HAVE HERE.
YOU AND, AND YOU WANNA MAKE IT A LITTLE BIT MORE, YOU'RE TALKING ABOUT COMING BACK.
YEAH, BUT YOU CAN'T, YOU CAN'T INCREASE THE NON-COMPLIANCE.
WE WERE TOLD THAT JUST SO WHAT YOU KNOW, AND YOU HAVE IT ON RECORD PERTAINING TO YOUR CARPORT NOW.
AND LIKE I SAID, I WAS OVER THERE, I SAW SAW I, AS A MATTER OF FACT, I'M FAMILIAR WITH THAT PROPERTY.
'CAUSE ABOUT 15 YEARS AGO WE DID THAT RETAINING WALL IN THAT A DA RAMP WHEN THEY FIRST CAME OUT AND THE A DA STUFF DID BACK WHEN I HAD A BUSINESS.
SO, UM, YOUR CARPORT, THE, THE ISSUE ABOUT YOUR CARPORT IS THE SAME, SAME TYPE OF SITUATION.
UM, IT, IT IS PROBABLY SINCE YOU'RE POSTED ASKING FOR A VARIANCE FOR THE CARPORT THAT YOU HAVE IN HERE AND YOU POSTED, YOU HAVE IT IN YOUR PACKET, WE CAN GRANT AND YOU WANNA MAKE IT LESS, YOU'RE TALKING ABOUT POSSIBLY MAKING LESS, BUT YOU HAVEN'T COMMITTED TO IT YET IN, IN OUR PACKET.
HEAR ME OUT BEFORE YOU ANSWER.
UM, BECAUSE WE CAN GRANT YOU THE, THE, THE, THE VARIANCE BASED ON WHAT YOU HAVE ON ITEM SIX OF 27.
UH, AND, AND HAVE THOSE CRITERIA, WHICH BY THE WAY I GIVE YOU, COMMEND YOU FOR DOING YOUR HOMEWORK ON THAT.
UM, WITH THAT CRITERIA, IF YOUR ARCHITECT DECIDES TO MAKE IT SHORTER BECAUSE YOU'RE ONLY WANTING FOR ONE CAR INSTEAD OF THREE CARS, THAT'S OKAY.
BUT IF YOU WANT MAKE ANYTHING BIGGER, DIFFERENT, THEN YOU'RE GONNA HAVE TO COME BACK AND ASK FOR ANOTHER VARIANCE.
I JUST WANT YOU TO UNDERSTAND, I'M HAPPY TO SAY UNDER 30 FEET I'M HAPPY.
I'M, I'M HAPPY TO COMMIT TO WHATEVER NUMBER IS COMFORTABLE FOR ANYBODY.
THE WAY, IF I WAS YOU, I WOULD GO AHEAD AND TAKE YOUR VARIANCE AND THEN THAT WAY IF THEY WANNA MAKE IT SHORTER, LET 'EM MAKE IT SHORTER.
IT'S AN OLD RANGER CREED WE HAD IN THE MILITARY.
IT'S BETTER TO HAVE AND NOT NEED THAN NEED AND NOT HAVE.
SO YOU CAN ALWAYS MAKE IT SMALLER.
YOU JUST CAN'T MAKE IT MORE NON-COMPLIANT.
'CAUSE I THINK WHAT YOU'RE ASKING FOR IS LEGITIMATE.
I THINK YOU HAVE, BASED ON THE WAY THAT HOUSE WAS BUILT, UH, UH, AND IT'S BEEN ADDED ON, THIS IS VERY COMMON FOR HOUSES IN EAST AUSTIN AND, AND THE 28 YEARS THAT I WAS THERE IN EAST AUSTIN, IT'S VERY COMMON THAT THROUGH GENERATIONS THEY WERE HANDED DOWN TO FAMILY AND THEN SOMEBODY OR SOMEBODY MOVED IN AND THEY ADDED ONTO IT.
BACK IN THOSE DAYS THERE WAS MAYBE 10 CODE ENFORCEMENT AGENTS AND THEY DIDN'T COME TO EAST AUSTIN THAT MUCH.
NOW THROUGH THIS LAST 10, 15 YEARS, YOU KNOW, WE'RE SEEING
[01:10:01]
A MORE DEVELOPMENT, MORE, YOU KNOW, BUILDING IN THE EAST AUSTIN.SO WE HAVE MANY MORE CODE ENFORCEMENT AGENTS AS WELL.
AND THIS HAPPENS TO BE ONE OF THOSE HOUSES THAT WAS BUILT BACK IN THE DAY AND THEN A LITTLE BIT WAS ADDED ON HERE AND A LITTLE BIT WAS ADDED ON THERE UNTIL FINALLY YOU'VE GOT WHAT YOU'RE DEALING WITH TODAY.
BUT I COMMEND YOU FOR TRYING TO KEEP AT LEAST THE, BECAUSE THAT, THAT, THAT IS A GOOD SIZED HOUSE ON A CORNER LOT AND IT'S A, IT, IT ADDS TO THE AREA CHARACTER OF CANTERBURY.
CANTERBURY IS A VERY, USED TO BE A VERY ACTIVE, SOCIALLY ACTIVE NEIGHBORHOOD BOARD MEMBER VAN OWEN, WHAT I'M HEARING IS, SOUNDED A LOT LIKE A MOTION.
SEE, I WAS GONE FOR, YOU MISSED ME THE FOR THE LAST TWO MEETINGS, SO I HAD TO MAKE UP FOR IT HERE AND I'LL SECOND THAT MOTION.
AND I MISSED YOU A LOT WHILE YOU WERE GONE.
OTHER QUESTIONS OR DISCUSSION? OKAY.
FINDINGS, PLEASE REASONABLE USE THE ZONING ACT ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE IT PREVENTS THE MAIN, IT PREVENTS MAINTENANCE AND IMPROVEMENTS REQUIRED TO PRESERVE THE ORIGINAL CHARACTER OF A HUNDRED PLUS YEAR OLD STRUCTURE HARDSHIP.
THE HARDSHIP FOR WHICH A VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT THE AGE IN THE SITTING OF THE STRUCTURE ORIGINAL PORTION BUILT IN 1918 BEFORE CITY CODE IS NOW SITTING HAS WAS CONSTRUCTED IN THE SETBACKS.
THE LOCK CONFIGURATION WAS A CORON WITH A 48 AND A HALF FOOT WIDTH AND THE TOPOGRAPHY ELEVATIONS CHANGED DOWN MILDRED TOWARDS TOWN LAKE.
NOT TO MENTION THAT THEY HAVE HERITAGE TREES ON THEIR LOTS AND THEIR NEIGHBOR'S LOTS WITH CRITICAL ROOT ZONES.
CROSSING OVER THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE IT ONLY APPLIES TO A HISTORIC HOMES PLACED BEFORE ZONING AREA CHARACTER.
THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR USE OF THE ADJACENT CONFORMING PROPERTY, WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED LOCATED BECAUSE THE VARI THE VARIANCE WILL MEMORIALIZE THE EXISTING CONDITIONS OF THE PROPERTY, WHICH HAVE NOT BEEN IMPAIRED FOR ANY USE FOR BY ANY OTHER ADJACENT PROPERTY FOR DECADES.
THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER VON OLIN, SECONDED BY VICE CHAIR HAWTHORNE.
SHE IS PRETTY AWESOME, ISN'T SHE? I APOLOGIZE.
I I NORMALLY AM REALLY GOOD ABOUT NOT CALLING A RECESS THIS EARLY, BUT I HAD A LOT OF SPRITE, SO I'M GOING TO CALL A RECESS
THE TIME IS 7:19 PM I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT.
[7. C15-2024-0023 Miki Agrawal 1607 Kenwood Avenue]
WILL BE ITEM SEVEN C 15 20 24 0 0 2 3.THIS IS GOING TO BE MICKEY AGRA WALL.
OKAY, I'VE GOT YOUR PRESENTATION PULLED UP.
PLEASE STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES.
UM, THANK YOU ALL FOR YOUR TIME THIS EVENING.
UM, MY NAME IS MICKEY, AND UM, JUST TO GIVE YOU A LITTLE BIT OF CONTEXT, UM, I WAS LIVING IN, UH, LAKE TRAVIS, UM, FOR A FEW YEARS AND THEN MOVED TO TRAVIS HEIGHTS AFTER, UH, MY MARRIAGE ENDED.
AND I MOVED IN WITH, WITH MY, TOOK MY 6-YEAR-OLD AND WANTED TO BE CLOSER TO TOWN AND, UM, TO BE CLOSER TO COMMUNITY.
AND, UM, YOU KNOW, IN THE KIND OF FLURRY OF THAT EXPERIENCE, I FOUND THIS HOUSE AND IT WAS RIGHT NEXT TO, YOU KNOW, SEVERAL OF MY FRIENDS.
[01:15:01]
IT WITHOUT, UM, YOU KNOW, AND KNOWING THAT THERE WAS A LOT OF ISSUES WITH IT, BUT NOT KNOWING LIKE HOW BIG THE ISSUES WERE.I KNEW THAT THERE WAS A BROKEN FENCE AND MOLDY SIDING AND THINGS LIKE THAT, THAT WE COULD FIX.
BUT, UM, I HIRED A CONTRACTOR INITIALLY AND HE, AND, AND HE, I MEAN, I I WAS JUST REALLY VULNERABLE AT THE TIME, SO HE TOOK MY MONEY AND RAN WITH IT AND IT WAS, I'M SURE YOU HEAR THOSE STORIES ALL THE TIME.
UM, SO I BROUGHT IN A NEW CONTRACTOR AND HE HAD, BY THE WAY, THE OLD CON CONTRACTOR HAD PROMISED PERMITS AND ALL OF THAT.
AND SO, UM, SO I, I GOT A NEW CONTRACTOR AND IN THE PROCESS OF GETTING THE NEW CONTRACTOR, WE UNCOVERED A LOT OF ISSUES WITH THE HOUSE.
UM, AND SO THE FIRST MAJOR ONE IS THAT THE STRUCTURE WAS ALREADY NON-COMPLIANT.
THEY HAD AN A DU THAT WAS ACTUALLY ALSO SET WITH THE WRONG LOT LINES.
OH, LET, LEMME GO TO THE, UM, LEMME JUST GO TO THAT RIGHT AWAY.
UH, LEMME JUST GO TO THAT FIRST PIECE.
SO THE FIRST ISSUE IS THAT, UM, THE LOT LINES OF THE PROPERTY ARE IN THE SQUARE, AND YET THE ADDITIONAL DWELLING UNIT IS OUTSIDE OF THAT SQUARE.
AND SO SINCE 1978, UM, EVEN LOOKING AT THE PRO PROPERTY PROFILE REPORT, IT WAS ILLEGALLY SUBDIVIDED, NOT PROPERLY SUBDIVIDED.
SO WE'VE BEEN, FOR LAST TWO YEARS, I'VE BEEN TRYING TO FIX THESE ISSUES.
AND, UM, THERE WAS A FRONT FENCE, UM, ON, ON IN THE FRONT, RIGHT, WHICH WAS THE DILAPIDATED FENCE.
AND BY THE WAY, THIS HOUSE WAS BUILT IN 1938 AND, UM, AND THE LAST 25 YEARS WAS OWNED BY, BY A LOCAL AUSTIN BAND, BAND MATES.
AND, UM, AND SO THEY, THEY'D KIND OF, YOU KNOW, IT WASN'T, IT WAS VERY NOT WELL KEMPT.
AND SO I, I, I GOT RID OF THE, THE FRONT FENCE 'CAUSE IT WAS JUST BROKEN AND DILAPIDATED AND RECITED THE, THE HOUSE.
AND, AND INSTEAD I JUST, INSTEAD OF HAVING THE A DU BE SEPARATE FROM THE MAIN HOUSE, 'CAUSE I HAVE A 6-YEAR-OLD, I JUST CONNECTED THEM AT THE VERY TOP.
AND THEN, AND THEN, AND THEN, UM, THE BOTTOM PART WHERE THE, WHERE THE FRONT FENCE WAS, I JUST TURNED, LIKE ADDED THAT LITTLE AREA THAT PUT IN FRONT OF THE ADDITIONAL DWELLING UNIT AS LIVABLE SPACE.
'CAUSE THIS LOT IS ALSO SUPER TINY.
AND, UM, BECAUSE IT WAS ILLEGALLY SUBDIVIDED, IT, UM, DIDN'T FALL UNDER THE SMALL LOT AMNESTY.
UM, WHICH ALLOWS FOR CONSTRUCTION ON LOTS THAT ARE SMALLER THAN STANDARD ZONING REQUIREMENTS.
UM, SO BECAUSE OF THE ILLEGAL SUBDIVISION THAT OCCURRED IN 1978, THIS LOT DOESN'T QUALIFY FOR THE AMNESTY.
AND SO, YOU KNOW, WE'RE, WE'RE BEING PUNISHED RIGHT NOW FOR A DECISION MADE OVER FOUR DECADES AGO.
AND IT'S JUST, IT'S REALLY FRUSTRATING.
SO WE'VE BEEN TRYING TO, YOU KNOW, JUST HAVE THIS HOME, HAVE A FRESH START OVER THE LAST COUPLE OF YEARS AND IT'S BEEN SO, SO, SO HARD AND SO MUCH MONEY LOST AND, AND SPENT.
UM, AND SO, UM, YOU KNOW, WITHOUT THE ABILITY TO IMPROVE OR DEVELOP THE PROPERTY, IT IS JUST LIKELY THIS HOUSE LOT WOULD SIT VACANT AND, AND DETERIORATE JUST LIKE MANY SMALL LOTS IN AUSTIN.
IT WOULD JUST, IT WOULD JUST HAVE A NEGATIVE IMPACT ON THE SURROUNDING NEIGHBORHOOD.
AND WHAT WE'VE BEEN TRYING TO DO WAS ALSO MAINTAIN THE HISTORIC AESTHETIC OF THE HOME.
AND SO WE, WE, WE COULDN'T REALLY BUILD ON IT, SO WE JUST, WE JUST EXTENDED THE ROOF LINE A LITTLE BIT, MADE THE, REPLACED THE FENCE WITH, WITH EXTENDING THE WALL AND JUST CONNECTED THE WALL AT THE TOP.
AND, UM, AND I, AND I'M, I'M JUST, I'M ASKING FOR VARIANCES BECAUSE OF, UM, OF THESE, OF THESE ACTUAL STRUCTURAL, THE HARDSHIPS WITH THE LOT LINES AND, UM, AND, AND, AND JUST, IT, IT ALREADY HAVING, UM, THAT, THAT THE A DU NOT BEING IN THE PROPERLY SUBDIVIDED.
SO IT'S JUST, I JUST, I JUST WANT A FRESH START, YOU GUYS.
I JUST, IT'S JUST BEEN, IT'S BEEN SUCH A FRUSTRATING PROCESS TO GO HERE AND GO THERE AND TALK TO THESE PEOPLE AND TALK TO THOSE PEOPLE.
AND I'M, I'M JUST TRYING TO LIKE BUILD A PLANE WHILE I FLY, WHILE I'M RAISING MY KID.
AND, AND, AND SO I'M JUST, YOU KNOW, UM, SO YEAH, WE, WE, WE, WE DIDN'T MOVE THE SETBACKS BY THE WAY.
THE SETBACKS REMAINED THE SAME.
IT WAS ALREADY THIS WAY BEFORE WE GOT IT.
WE DIDN'T MOVE IT FURTHER BACK.
WE DIDN'T MOVE IT TO THE SIDE FURTHER.
SO, UM, AND, AND WITH REGARDS TO, TO THE IMPERVIOUS COVERAGE, UM, INCREASING, YOU KNOW, ONE OF THE IDEAS WAS TO PUT A CISTERN THAT CAN COLLECT WATER AND UM, AND, AND, AND, AND SUPPORT THE PERVIOUS COVERAGE.
SORRY TO INTERRUPT YOU FOR FIVE MINUTES, ROB, IF YOU'D LIKE TO JUST WRAP IT UP IN ONE SENTENCE.
UM, SO
[01:20:01]
OKAY, SEEING NONE, LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.OPEN IT UP TO QUESTIONS BOARD MEMBER OF, ON OWEN ON A ROLL TONIGHT.
I DO, I DO HAVE A QUESTION FOR HER.
WHAT DO ON PA ITEM SEVEN THREE WHAT, UH, ITEM SEVEN THREE IN YOUR PRESENTATION.
SO, AND YEARS I DIDN'T, I DIDN'T HAVE THE LIBERTY TO TAKE AS MUCH TIME AS I NORMALLY TAKE ON THESE.
SO WHAT I'M SEEING ON YOU BEFORE YOU HAVE AN EXISTING ROOF STUDIO NUMBER THREE, AND THEN YOU HAVE THE EXISTING MAIN FRAME.
IF I'M UNDERSTANDING YOU CORRECTLY BY YOUR DESCRIPTION OF WHAT YOU JUST STATED, WHAT YOU'RE TRYING TO DO IS TAKE THE BEFORE EXISTING MAINFRAME EXISTING ROOF STRUCTURE AND BEDROOM FRAME AND MAKE IT INTO THE DIAGRAM ON THE RIGHT.
UM, SO IT'S JUST CONNECTING THEM AND IT, IT'S, IT'S NOT, YEAH.
AND, AND YOU DON'T HAVE ANOTHER A DU ON THIS PROPERTY? I DON'T SEE ANYTHING.
I SAW THE, IT WAS JUST THAT ONE.
JUST YOU SEE A ONE STORY FRAME BUILDING, THAT'S THE ONE THAT YOU JUST WANT TO JOIN INTO IT COR CORRECT.
AND THEN ON THE, ON THE FRONT, JUST CLOSE IT OFF.
AND THEN YOU ALSO, I SEE WHERE THAT IS.
AND THEN YOU ALSO, UM, BECAUSE CLEARLY YOU HEARD WHAT I SAID ABOUT IMPERVIOUS COVER.
BUT, UH, YOU'RE, YOU TALKING ABOUT, UH, ADDING A CISTERN TO COLLECT THE, TO COLLECT ANY WATER, UH, YOU'RE, 'CAUSE UH, YOU'RE ASKING FOR ABOUT A 20% INCREASE ON THE IMPERVIOUS COVER.
REQUEST MADAM CHAIR, IF THERE'S NO OPPOSITION IN MY FELLOW COMMISSIONERS ARE OKAY WITH IT, I'LL MAKE A MOTION TO APPROVE.
IT'S GONNA, IT'S, IT'S, A LOT OF IT'S, YOU'RE PUTTING A LOT ON A SMALL LOT, BUT, BUT WHERE YOU'RE AT, WE'RE NOT, AUSTIN PROPERTY IS NOT GETTING A WHOLE LOT OF OPPORTUNITIES TO HAVE LARGER LOTS.
AND THEN WITH THE HOME COMING IN TOO, I SUSPECT IT'S GONNA GET EVEN TIGHTER.
SO, UM, IF THERE'S NO OPPOSITION, THEN THE FELLOW COMMISSION THINK I'LL MAKE A MOTION TO I'M TO OFFSET THAT ADDITIONAL IMPERVIOUS COVER.
'CAUSE EVEN IF WE PUT LIKE MADE WATER CAPTURED, IT'S STILL GONNA ADD A LOT MORE.
IT'S GONNA ADD EVEN MORE IMPERVIOUS COVER.
AND THAT'S, UH, THAT'S WHERE, UH, SHE WAS, UH, I DID WANT IT IN THE RECORD THAT SHE WAS WILLING TO MITIGATE THROUGH EITHER PLACEMENT OF CISTERN, RAIN GARDENS IN YOUR LANDSCAPE YEAH.
ANYTHING TO OFFSET THAT IMPERVIOUS COVER ISSUE.
BECAUSE THAT'S, THAT'S WHERE A LOT OF THE COMPLAINTS COME IN.
BUT, UM, I THINK WHAT'S GONNA HAVE TO HAPPEN WITH A LOT OF THESE, A LOT OF THESE OPPOSITION PEOPLE THAT ARE IN OPPOSITION, UM, A LOT OF 'EM ARE NOT F FAMILIAR OR HAVE NOT MADE THEM FAMILIAR WITH THE DIRECTION THAT THE HOME ONE AND HOME TWO ARE GOING IN.
I'M VERY SURPRISED THAT WE ONLY HAD THAT, THAT ONE SET OF OPPOSITION.
UH, NOR I WAS EXPECTING COMING IN HERE TODAY TO HAVE QUITE A BIT OF OPPOSITION ON ALL OUR CASES.
WELL THE ONLY THING THAT REALLY REMAINS WITH, WITH HOME TWO IS THE IMPERVIOUS COVER REQUIREMENTS.
SO THAT, THAT'S THE ONLY ONE THAT, BUT THEY CONCERNS ME IN THE LEAST.
AND IT'S FUNNY THAT THEY LEFT THE IMPERVIOUS COVER IN BECAUSE YOU CAN'T HAVE IT BOTH WAYS.
YOU CAN'T PUT MORE STUFF ON A LOT.
AND THEN EXPECT IT NOT TO IMPACT THE IMPERVIOUS COVER.
IT'S JUST, THAT'S UNREALISTIC.
BUT HEY, YOU KNOW, I'M JUST, I HAD A, I HAD THE, I HAD A COUPLE QUESTIONS, IF YOU DON'T MIND.
SO IN THE PRESENTATION ON SEVEN FOUR, SO YOU HAVE THE EXISTING RESIDENCE AND THEN YOU HAVE THE ONE STORY FRAME BUILDING.
AND I GET THAT YOU'RE CONNECTING 'EM.
I, I DON'T UNDERSTAND WHERE THE SUNROOM AREA CAME FROM.
THAT WAS, THAT WAS JUST, IT WAS ALREADY A, A SCREEN AND PORCH.
WE JUST, IT WAS ALL DILAPIDATED AND MOLDY AND WE JUST REPLACED IT WITH A GLASS.
INSTEAD OF IT BEING A, A SCREEN AND PORCH, WE JUST PUT A GLASS ENCLOSURE SO THAT IT WOULD BE PROTECTED AND WE'LL GET MOLDY.
'CAUSE BOTH MY SON AND I ARE EXTREMELY ALLERGIC TO MOLD.
SO THE SURVEY, SO THE SURVEY'S INACCURATE? NO, IT'S, IT'S THE SA IT'S THE SAME.
IT WAS JUST, IT'S PART OF THAT.
[01:25:01]
IT'S NOT, IT, IT'S, IT'S EXACTLY THE SAME SIZE AS WHAT IT, WHAT IT ALREADY WAS BEFORE I GOT IT.IT HASN'T, WE HAVEN'T CHANGED THE SIZE OF IT IN ANY WAY FROM IN THE, IN THAT BACK IN THAT THE PORCH REPLACED WITH A, THE LITTLE GLASS ENCLOSURE SO THAT THERE WAS NO POSSIBILITY FOR MOLD.
SO ON SEVEN FOUR YOUR BOX IS NOT THE SAME.
THERE'S NOTHING THERE IN FRONT OF THE A DU.
THERE'S NOTHING IN FRONT OF THE A DU.
CAN SOMEBODY, I, I MEAN, I DON'T KNOW WHAT YOU SET UP, WHAT I, RIGHT.
WHAT I SEE MELISSA UHHUH IS TAKING A LOOK AT, UH, ITEM SEVEN FOUR WHERE IT, WHERE IT SAYS COVERED CONCRETE.
CORRECT ME IF I'M WRONG IN ASSUMING THAT'S WHAT YOU'RE SAYING IS ENCLOSED NOW WITH GLASS, THE COVERED CONCRETE, THE YEAH.
AND SO THEN, UH, WHAT I DO SEE HAPPENING IS ONCE THE ONE STORY, THIS IS BASED ON WHAT I'M SEEING HERE.
NOW, THE ONE STORY FRAME, ONE STORY FRAME BUILDING ON ITEM SEVEN FOUR IS JOINED TO THE EXISTING BUILDING.
THEN IT ALSO EXTENDS THE ROOF LINE OF THE ONE STORY FRAME RESIDENCE TO THE END OF THAT.
SO IT'S GONNA BECOME ONE BIG SQUARE VERSUS YEAH, EXACTLY.
SO THAT AREA THAT WHERE, WHERE THE GREEN TYPE IS SAYING ONE STORY, FRAME BUILDING IS ACTUALLY GONNA BE INSIDE THE HOME.
CORRECT? A ACTUALLY IT ALREADY IS.
'CAUSE SHE'S SAYING HER OLD CONTRACTOR THAT SHE HAD ALREADY DID THIS WORK, IT'S ALREADY DONE FRAME FRAMED IT.
AND THAT'S WHY WE, WE, AND THAT'S WHY SHE'S COMING FOR A VARIANCE BECAUSE BECAUSE HE, HE TOOK, TOOK MY MONEY, RAN AND THEN LEFT ME WITH A TELLING ME HE GOT PERMITS.
I EVEN HAVE THE, THE LEGAL, LIKE MY LAWYER LETTER HERE THAT SHOWS THAT WE'RE SUING HIM AND LOOKING FOR HIM.
IT'S BEEN JUST THE MOST DEVASTATING PROCESS.
AND WELL, THAT'S ONE OF THE, QUITE FRANKLY, THAT'S ONE OF THE REASONS WHEN I WAS ON THE EXECUTIVE BOARD FOR THE A GC, THAT WE WERE TRYING TO GET LICENSING FOR CONTRACTORS IN TEXAS.
'CAUSE ANYBODY WITH A PICKUP TRUCK, I KNOW A NAIL GUN HANGS A SHINGLE ON THE MAGNETIC SIGN ON THE SIDE OF HIS TRUCK.
AND ANY, THEY WANT TO CALL THEMSELVES A CONTRACTOR.
AND IT'S ONE OF THE BIGGEST PET PEEVES I HAD IS BEING ASSOCIATED WITH, YOU KNOW, LIKE A USED CAR SALESMAN, YOU KNOW, WITH THESE GUYS THAT, UH, THAT DO THIS TYPE OF STUFF.
UH, COMMISSIONER BOWMAN HAS A QUESTION.
MADAM CHAIR, COMMISSIONER BOWMAN, WYN BALDWIN, JUST DON'T CALL ME LATE FOR SUPPER.
UH, SO FROM WHAT I UNDERSTAND NOW, IS THAT BASED ON SEVEN THREE, THE SUNROOM IS NOW ENCLOSED? YES, IT WAS.
THE SCREEN AND PORCH WAS NOW ENCLOSED.
SO WAS IT IT IT BUT IT HAD A COVER OVER IT? YES.
SO YOU'VE NOW TAKEN THE SCREENS OUT.
DO YOU HAVE AN ACTUAL PERMIT FOR THAT? FOR THAT WORK? I THOUGHT, I THOUGHT, I MEAN, I REALLY, I I I JUST GAVE HIM MONEY AND HE JUST TOLD ME I HAVE IT HERE.
AT ONE OF THE POINTS IN THE LEGAL DOCUMENT, IT SAYS YOU PROMISED PROPERTY CITY PERMITS AND THEY WERE NOT FILED, WHICH IS WHY I NOW HAVE A PROPER CONTRACTOR.
SO, SO DO YOU HAVE, HAVE YOU STARTED ANY PRO OR ANY, HAVE YOU DONE ANY OF THE THINGS GOING TOWARDS TRYING TO GET OF COURSE A PERMIT? OF COURSE.
WE'VE, WE'VE GONE
WE HAVE AN ARCHITECTURE, ALL THE DIFFERENT COMMITTEES.
WE, WE HAVE, WE NOW WE HAVE A PERMIT.
I'M ACTUALLY TALKING ABOUT GOING TO ACTUAL THE PERMIT DEPARTMENT, NOT THE HISTORIC COMMISSION AND ALL OF THESE OTHER, OH, WE HAVE ENGINEER JOINT.
YEAH, WE HAVE ALL THE STAMPED, AND I'LL, I'LL GO AHEAD AND SPEAK, UM, IS GOING THROUGH THE PERMITTING PROCESS.
THEY JUST REJECTED HER BECAUSE SHE NEEDS A VARIANCE.
SO ELLIE, THAT'S WHERE I WAS TRYING TO GO, WAS WHERE, WHERE ARE WE AT IN THE PROCESS? BECAUSE I'M GONNA HAVE A HARD TIME GOING, I NEED YOU, I NEED YOU.
YEAH, NO, SHE GOT REJECTED AND THEY GAVE HER COMMENTS.
AND ONE OF THE COMMENTS WAS THAT SHE NEEDED TO COME GET A, UH, BOARD OF ADJUSTMENT.
BUT, UM, I'VE BEEN DOWN THERE ROAD ON THE PERMITS SINCE I DO BUILD.
UM, AND YES, I UNDERSTAND THE, THE COMPLEXITIES OF THIS.
UM, BUT THERE'S A REALTOR THAT, THAT IF YOU USED ONE IS PARTIALLY BLAMED FOR THIS TOO.
SO NOT ALL CONTRACTORS ARE BAD, BUT IN THIS CASE, YES, YOU'VE GOT SCREWED.
BUT I THINK YOUR, YOUR PERSON THAT HELPED SIDE BY THIS
[01:30:01]
FOR YOU DIDN'T DO YOU ANY FAVORS EITHER THE PERMITS? UM, THEY, THEY SHOULD, YEAH.THEY SHOULD HAVE BEEN THE, YEAH.
SO YOU'RE STILL, YOU ARE WORKING ON PERMITS.
YOU CAN'T GET A PERMIT WITHOUT VARIANCE.
THE OTHER QUESTION I HAVE IS THE FLOOR THAT GOES, ARE THESE PEER AND BEAM OR ARE WE ON CONCRETE? WHAT ARE WE DOING? BECAUSE I TRYING TO MAKE SURE I UNDERSTAND PEER AND 'CAUSE OF, I AGREE WITH YOU ON THE, IF YOU'RE TRYING TO PUT IN SOME WATER CATCHMENTS AND YOU'RE TRYING TO USE SOME RAIN GARDENS TO HELP ACCOMMODATE IMPERVIOUS COVER.
THOSE ARE GREAT THINGS TO BE ABLE TO DO.
UM, BUT I'M JUST TRYING TO MAKE SURE I'M UNDERSTANDING WHETHER OR NOT YOU'RE, HISTORICALLY THERE'S SOME OF THOSE IN THERE THAT ARE ON P AND BEAM VERSUS CONCRETE.
NOT THAT IT REALLY MAKES A DIFFERENCE, BUT IT SURE WOULD MAKE CONNECTING.
BUT YOU HAVE NOT CONNECTED THE LITTLE BUILDING TO THE BIG BUILDING YET? WE HAVE, WELL, IT, YOU ALREADY HAVE IT.
SO IS IT ON A CONCRETE SLAB OR IS IT ON WOOD? DO YOU KNOW WHAT? A PIER AND BEAM, UH, P AND BEAM.
SO THAT, AND, AND THE ORIGINAL, THE ORIGINAL LITTLE BUILDING WAS ALSO ON PIER AND BEAM AS WELL.
WELL, SO THERE'S ACTUALLY LIKE ISSUES WITH THE HOUSE THAT WERE NOT COMPLIANT, THAT WE ACTUALLY FOUND OUT AND WE RE WE MADE THEM COMPLIANT.
YOU KNOW, AND SO THERE WAS SURE.
I I THINK WHERE WE'RE TRYING TO GO WITH IT IS NOBODY, I, I MEAN PERSONALLY MYSELF, I ALREADY MADE A MOTION TO APPROVE.
SO I, I I, I SEE WHERE YOU'RE COMING FROM.
I THINK WE'RE JUST TRYING TO UNDERSTAND WHERE WE'RE AT IN IT.
AND WHAT I'M HEARING COMMISSIONER BOWEN SAY IS, AND STAFF AND ELAINE WAS HELPING TO CLARIFY, IS THAT YOU HAD A CONTRACTOR THAT CAME IN AND DID A LOT OF THIS WORK AND NOW YOU'RE GOING, YOU'RE BASICALLY, HOW DO I SAY IT? YOU'RE TRYING TO UNSCREW THE POOCH.
YOU KNOW WHAT I MEAN? YOU'RE DEFINITELY, YOU, YOU'RE TRYING TO GET THE PERMITS AND, AND DO IT THE RIGHT WAY.
YOU GET PROPER INSPECTIONS SO THAT YOU CAN GET A CERTIFICATE OF OCCUPANCY.
IS THAT CORRECT? SO ELAINE, MY QUESTION TO YOU IS THAT IS THE PROCESS THAT SHE'S, SHE'S UP AGAINST RIGHT NOW.
SHE HAS TO GET A VARIANCE IN ORDER TO GET THE PERMITS.
AND THEN ONCE SHE GETS THE PERMIT, SHE WILL GET THE CITY INSPECTION, GO THROUGH THE INSPECTION PROCESS, AND THEN THAT WAY SHE'LL BE ABLE TO, TO FINISH HER.
BUT, BUT THE FRAMING AND THE ATTACHING OF THE BUILDINGS IS ALREADY THERE.
SO THE CONFIGURATION THAT IS CURRENTLY ON THAT PROPERTY IS THE ONE THAT WE'RE LOOKING AT IN ITEM SEVEN THREE WHERE IT'S ALREADY ALL ATTACHED.
WELL, I MEAN, THERE MIGHT BE BETTER DRAWINGS ON THAT V PACKET.
THAT'S WHAT I WAS TRYING TO LOOK AT.
UM, IF Y'ALL WANT TO TIE IT TO ANYTHING, BUT THAT'S EXACTLY WHAT SHE'S DOING.
SHE HAD AN EXISTING CONTRACTOR THAT SCREWED HER.
AND SO SHE HAD TO HIRE A NEW ONE AND HE'S TRYING TO FIX IT UP FOR HER.
UM, MY, MY ADVISOR AND THEY, THE PERMITTING PROCESS AND THEY DENIED OR THEY REJECTED HER AND ISSUED ALL THESE COMMENTS.
VARIANCE FOUR, I THINK I MIGHT BE ABLE TO SHED SOME.
AND THEY LISTED ALL THE VARIANCE REQUESTS THAT ARE ON THERE WERE WHAT THE, WHAT THEY REVIEWER LISTED THAT SHE NEEDED.
IS THIS ONE OF YOUR CONTRACTORS ARE ENGINEERS? YOU CAN CALL HIM UP TO SPEED.
WELL, YOU AIN'T GONNA LIKE IT TOO MUCH.
'CAUSE I WAS GONNA TELL HER HOLD 10% AND RETAINAGE ON YOU UNTIL THE JOB IS DONE.
HE'S, YEAH, HE'S REALLY, HE'S REALLY, DO ONE OF YOU GUYS WANNA COME UP AND ANSWER THESE QUESTIONS? I'D ONLY GIVE HIM HALF.
I, I DON'T KNOW IF THERE'S ANYTHING I I STILL HAVE ONE OTHER QUESTION.
MY OTHER QUESTION IS REALLY FOR THE BOARD HERE.
I'M JUST TRYING TO LOOK AT THIS FROM A DIFFERENT PERSPECTIVE IN GOING, WHAT ARE WE SETTING OURSELVES UP FOR WITH THE FUTURE OF THE HOME ONE AND TWO AND NOW HAVING OTHER ISSUES COME BEFORE US THAT ARE BEING DONE THAT DON'T HAVE PERMITS.
AND WE'VE ALREADY SEEN IT WHERE CASES HAVE BEEN PULLED OUT THAT MAYBE ONLY ONE OR TWO PEOPLE THAT HAVE BEEN ON THIS BOARD WERE PART OF WITH THAT.
YOU KNOW, THAT THAT WHOLE PROCESS AND, AND HAVING TO GO THROUGH THIS LIFE'S TOUGH.
BUT I DON'T WANT TO SEE US ALL GET INTO A SITUATION OF, YOU KNOW, THIS COMING BACK TO HAUNT US IN SOME CASES ON, WELL, YOU APPROVE THIS.
SO WHAT I WOULD SAY, IT'S GENERALLY SPEAKING, WE, WE PREFER GIVING PERMISSION AS OPPOSED TO GRANTING FORGIVENESS.
THAT'S SOMETHING THE BOARD HAS STOOD BY FOR A REALLY LONG TIME.
BUT I THINK MAYBE IN THIS CASE, BECAUSE IT IS A UNIQUE
[01:35:01]
SITUATION THAT IF SHE IS TRYING TO CORRECT, WHEN WE HAVE SEEN SIMILAR CASES, WE TEND TO GIVE BENEFIT OF DOUBT FIRST TIME AROUND.IT'S NOT GUARANTEED BY ANY MEANS.
AND, AND REMEMBER THAT EACH PROPERTY IS DIFFERENT, SO IT DOESN'T SET A PRECEDENCE FOR ANYTHING.
UM, YOU MAY HEAR FOLKS COME UP HERE AND SAY, OH, WELL THIS PROPERTY THREE DOORS DOWN HAS DRIVEWAY JUST LIKE MINE, SAME HARDSHIP, AND THIS PROPERTY, FIVE DOORS.
WHEN THEY SAY THAT IT MEANS NOTHING.
THE HARDSHIP HAS TO BE SPECIFIC TO THAT PROPERTY THAT'S TIED TO IT.
EACH INSTANCE SHOULD STAND ON ITS OWN MERIT.
BUT WE HAD SOMEBODY EARLIER THAT HAD TRIED TO COME BACK AT US, AND THE REASON I ASKED THE QUESTION IS, YOU'RE ALL DONE.
YOU'RE ALL IN, YOU'RE NOT GONNA COME BACK.
YOU'VE, YOU'VE CHECKED EVERYTHING OUT.
AND IF YOU'D LIKE TO OFFER UP A FRIENDLY AMENDMENT TO TIE IT TO ONE OF THESE THINGS IN THE PRESENTATION, I'M SURE WE COULD DO THAT.
I HAVE A COMMENT TO COMMISSIONER BOWEN, THAT THAT MIGHT HELP THIS HISTORIC, UH, BOARD MEMBER VALENTINE WILL GET TO YOU.
BUT GO AHEAD, UH, BOARD MEMBER BOW AND, AND OFFER YOUR COMMENT.
UM, BECAUSE THE WORK HAS ALREADY BEEN DONE, UM, BY AN UNFORTUNATE SERIES OF EVENTS, THERE'S A PORTION OF YOUR HOME THAT ISN'T REALLY LIVABLE OR COMPLETED AT THIS POINT.
IS THAT WHAT I'M UNDERSTANDING? THERE'S SOME FRAMING, BUT NO FLOORING.
IT'S JUST NOT ABLE TO FINISHED, HAVEN'T BEEN ABLE TO LIVE AND FOR TWO YEARS.
AND I'M JUST LIKE TO DRIVE TO AN HOUR AND A HALF JUST TO GET TO MY, TO THE CITY.
IT'S LIKE SO YOU'RE IN THE SMALLER, UH, OR SORRY, THE, THE ORIGINAL PROPERTY? NO, I'M NOT EVEN LIVING IN IT BECAUSE I'M STILL COMMUTING FROM WAY UP NORTH BECAUSE I HAVEN'T HAD BEEN ABLE TO MOVE BECAUSE IT'S NOT, SO IT'S CURRENTLY NOT EVEN, EVEN, IT'S JUST VACANT LIVABLE FOR YOU.
LIKE I CAN'T EVEN, I DON'T EVEN KNOW IF ALL THE RAIN IS STORMS. LIKE I, I DON'T KNOW WHAT'S I, LIKE, I JUST NEED TO, TO MOVE IN.
SO IT'S NOT EVEN, IT'S NOT, I'M NOT EVEN, YEAH, YEAH.
BUT THE WORK WAS COMPLETED, SO WE'RE JUST TRYING TO UNDO WELL, WELL NOT JUST THE FRAMING.
BUT NOT, I, I, I STOPPED AS SOON AS WE FOUND OUT WE STOPPED AND WE WANNA GET THIS RIGHT AND WE WANNA DO IT THE RIGHT WAY.
AND IT'S JUST BEEN A SERIES OF MORE AND MORE AND MORE STUFF.
THAT THAT DOES ANSWER MY QUESTION.
AND THAT'S WHERE I'M GOING IN, IN RESPONSE TO COMMISSIONER, UH, BOWEN'S, UH, QUESTIONS HISTORICALLY, NO.
UH, AND I'M ONE OF THE BIG ONES.
I DON'T CARE FOR ASKING FOR FORGIVENESS INSTEAD OF PERMISSION, NUMBER ONE.
UH, NUMBER TWO, IN THIS SITUATION, IT'S CLEARLY EVIDENT BASED UPON THE TESTIMONY BY THE APPLICANT AS WELL AS STAFF THAT SHE IS TRYING TO DO THE RIGHT THING.
UM, AND THAT, UH, SHE, IN ORDER TO DO THE RIGHT THING, SHE'S GOTTA GO THROUGH THIS PROCESS.
SO I DO UNDERSTAND THAT, UH, WE DON'T SET PRECEDENCE BECAUSE LIKE YOU SAID, EACH ONE IS U EACH CASE IS UNIQUE IN ITS OWN AND IT'S GOT ITS OWN SET OF BACKING INFORMATION.
SO WE'VE HAD PEOPLE COME IN FRONT OF US BEFORE IN THE PAST HISTORICALLY, WHERE THEY WOULD SAY, HEY, YOU KNOW, WE NEED THIS AND WE, I JUST NEED THIS TO GET MY CO.
YEAH, WELL YOU BUILT THE WHOLE DARN THING WITHOUT, YOU KNOW, YOU'RE COMING OVER HERE AND ASKING FOR FORGIVENESS.
AND USUALLY THEY GET, THEY GET SPANKED PRETTY HARD OR THEY GET DENIED.
AND IT, AND I DON'T HAVE AN ISSUE MAKING A DENIAL, ESPECIALLY IF IT'S SOMEBODY WHO HAS A LOT OF EXPERIENCE.
IT'S A DEVELOPER OR IT IS A CONTRACTOR WHO SHOULD KNOW BETTER, UH, OR AN ARCHITECT, WHATEVER THE CASE MAY BE.
IN THIS SITUATION, I FIRMLY BELIEVE THAT, UH, YOU KNOW, SHE, SHE DIDN'T KNOW THE PROCESS WAS INFORMED THAT THE PROCESS WAS, WAS GOING TO BE ADHERED TO, AND CLEARLY IT WASN'T.
SO ANOTHER THING THAT, THAT HIS HISTORICALLY, WE SORT OF GIVE 'EM A LITTLE LEEWAY ON IS IF SOMEBODY BOUGHT A PROPERTY AND THE PROPERTY, NOW THEY HAVE THE ABILITY TO GO BACK AFTER THEIR REALTORS, BUT A LOT OF PEOPLE DON'T HAVE THE MONEY TO TAKE THESE PEOPLE TO.
AND YOU AND I BOTH KNOW IN OUR INDUSTRY, WHEN YOU GET LAWYERS INVOLVED, THEY'RE THE ONLY ONES THAT GET PAID.
SO, UM, SO A LOT OF TIMES WHAT WE'LL DO IS WE'LL TAKE THAT INTO CONSIDERATION AS WELL.
AND THIS, IN THIS CIRCUMSTANCE, I THINK IN ORDER FOR HER TO EVEN TRY TO DO THE RIGHT THING AND GET THE PERMITS AND GET THE INSPECTIONS, SHE'S GOTTA HAVE THE VARIANCE.
AND SO THAT'S WHY I AM, I'M IN SUPPORT OF PASSING THE VARIANCE FOR HER.
OKAY, SO I, I HAVE A COUPLE QUESTIONS.
VICE CHAIR, UH, BOARD MEMBER BENZA HAD HER HAND UP.
[01:40:01]
UH, I JUST, I JUST HAVE ONE QUESTION 'CAUSE SO I SO THE WORK, THE LAST CONTRACTOR, LIKE, HE MADE SOME PROMISES, HE SHOWED UP, HE DID SOME WORK AND THEN DISAPPEARED.DO YOU HAVE LIKE ANY RECORD OF ANY OF THAT AT ALL? I, I HAVE IT, I HAVE THE LEGAL DOCUMENT RIGHT HERE THAT SHOWS ALL THE THINGS THAT HE DID DO AND WHAT HE, WHAT HE FAILED TO DO.
WHICH ONE OF THEM IS DID NOT GET CITY PERMITS.
AND I DIDN'T, NO, I, I WAS JUST
ELAINE WAS THAT SUBMITTED INTO THE BACKUP? OKAY.
I COULD, I COULD, I COULD SUBMIT IT.
UNFORTUNATELY IT HAS TO BE SUBMITTED BEFORE THE DEADLINE SO IT CAN BE POSTED ONLINE SO THAT THE PUBLIC CAN VIEW IT AS WELL.
BUT WE CAN, YOUR TESTIMONY IS OKAY.
AND SO THAT'S THE IMPORTANT PART.
I JUST, I GUESS, UH, YOU KNOW, HOPEFULLY THIS NEVER HAPPENS TO YOU AGAIN, BUT I THINK IT WOULD BE BENEFICIAL IN THE FUTURE TO INCLUDE THAT SORT OF EVIDENCE.
'CAUSE OTHERWISE IT'S JUST ASKING US TO TAKE PEOPLE AT THEIR WORD THAT THEY HIRED A CONTRACTOR.
AND I THINK TO LIKE, SOME OF THE CONCERNS WITH LIKE, IF I, YOU KNOW, IF I WANTED TO BE SHADY, I COULD JUST BE LIKE, OH YEAH, I HIRED SOMEONE AND THEY, UH, RAN OFF ON ME.
'CAUSE THAT'S A STORY EVERYONE LIKE, WILL LIKELY BELIEVE.
SO NOT TO SAY NOTHING OF YOUR TRUTHFULNESS, BUT I THINK IN THE FUTURE I WOULD HOPE THAT WE COULD GET SOME EVIDENCE.
AND NORMALLY, AND WE DO HAVE THAT.
ALSO, I BELIEVE, I DON'T KNOW, MAYBE QUESTION FOR LEGAL CAN'T, IF A PERSON LIES UNDER OATH TO THE BOARD, CAN'T THEIR VARIANCE BE OVERTURNED? WELL, I, I'LL STEP IN REAL QUICK.
WE WILL ADD IT AS LATE, LATE BACKUP.
JUST, Y'ALL AREN'T GONNA SEE IT.
IT'LL JUST, IT'LL JUST BE IN THERE FOR REFERENCE FOR THE FUTURE.
THAT'S, IF Y'ALL EVER NEED IT, IT'LL BE ONLINE.
THAT SEEMS LIKE A GOOD SOLUTION.
SO, I MEAN, I UNDERSTAND THIS CIRCUMSTANCE, AND I MEAN, THIS IS, THIS IS A LOT OF HOUSED ON A VERY SMALL LOT AND I AM SYMPATHETIC, BUT IS THERE SOME PORTION THAT COULD GET YOU TO 60% IMPERVIOUS COVER? I, I CAN'T SPEND MORE MONEY.
I, I, I, I, I, I MEAN, THIS GUY RAN OFF WITH A HUNDRED PLUS THOUSAND.
LIKE, I, I CAN'T, I CAN'T CHANGE.
YOU GOT A GRAVEL DRIVEWAY AND YOU'RE PROPOSING, I MEAN, YOU GOT SIDEWALK HERE AND HERE AND WE DIDN'T, WE DIDN'T, AGAIN, CHANGE THE, THE, WE JUST JOINED IT AND THEN, AND, AND JUST MADE IT INTO A SQUARE.
SO, UM, I DON'T EVEN KNOW WHERE YOUR CHILD'S GONNA GO OUTSIDE AND THROW A BALL.
UH, MEAN THERE'S A PARK RIGHT DOWN THE STREET.
I I JUST DON'T WANNA GET INTO IT.
I AM, I AM SYMPATHETIC, BUT OVER 60% IS, IS MORE THAN I WOULD NORMALLY ENTERTAIN.
SO THAT'S WHY I WAS LOOKING AT IT.
WELL, UH, MELISSA, WHAT HAPPENS IF SHE TAKES, REMOVES THE DRIVEWAY AND PUTS RIBBONS IN? DOES THAT GET HER ANYWHERE OR, I MEAN, YOU KNOW, YOU GOT SIDEWALK, SIDEWALK STUFF, YOU GOT THE DRIVEWAY.
I MEAN, THERE'S, THERE'S A LITTLE HERE AND A LITTLE THERE THAT COULD PROBABLY GET IT THERE.
UM, I, I I, I'M THINKING ABOUT THE NEXT ONE AS WELL.
UH, JUST LIKE, UH, BOARD MEMBER BOWEN.
UM, YOU DO WHAT YOU DO AND I'LL THINK ABOUT WHAT I DO IF YOU'D LIKE TO OFFER THAT AS A FRIENDLY AMENDMENT.
OR DO YOU WANNA THINK ABOUT IT FOR A MINUTE, VICE CHAIR? I JUST DON'T KNOW.
I DON'T, I, YOU KNOW, I, I'M NOT THERE, SO I, I DON'T, I DON'T HAVE A FEEL FOR THE ROOM EITHER, SO WHY DON'T YOU JUST CALL ME LAST.
SO NOW I HAVE BOARD MEMBER DON'T CALL ME LATE FOR SUPPER.
AND BOARD MEMBER CALLED ME LAST.
UM, I ALSO WANTED TO EXPRESS CONCERN ABOUT IMPERVIOUS COVER.
UM, IN YOUR PRESENTATION YOU MENTIONED, UH, CISTERNS TO HELP MITIGATE, UM, MAYBE AMIDST THE OTHER ITEMS THAT WERE MENTIONED.
ARE THERE CURRENTLY ANY OTHER IDEAS OR, UM, SOLUTIONS
[01:45:02]
TO CONTEMPLATE? THERE'S A GRASS, THERE'S A BIG GRASS LIKE HILL IN, IN FRONT, SO THAT'S, THAT'LL ALL BE, WE'RE GONNA PUT GRASS AND SOIL THERE, SO THAT'LL BE A GOOD DRAIN AS WELL.UM, BUT WE, WE CAN, WE'RE GONNA, YEAH, WE CAN PUT A CISTERN TO MAKE SURE THAT IT COMPLIES WITH THE COVERAGE.
UM, IS THERE, UM, A, A CIVIL ENGINEER ENGAGED? YES.
UM, AND I GUESS, YOU KNOW, MAYBE AN AMENDMENT COULD BE CONSIDERED TO EXPLORE, UM, MORE CREATIVE SOLUTIONS WITH, YOU KNOW, DRAINAGE, UM, AND CERTAIN TYPES OF PAVERS.
UM, ANYWAY, JUST ECHOING WHAT WE'VE DONE, WHAT WE'VE DONE IN THE PAST, MELISSA, SINCE WE'RE BOTH THE OGS HERE, UH, WHAT WE'VE DONE IN THE PAST IS PRETTY MUCH GET JUST HELD GRANTED A VARIANCE WITH A PERCENTAGE OF IMPERVIOUS COVER AND THEN ALLOW THE ARCHITECT AND THE CONTRACTOR TO GET THERE.
SO IF, IF YOU'RE, UM, IF YOU WANNA TRY TO GET HER TO 60%, IF THAT'S YOUR, YOUR RED LINE THERE, THEN WE CAN ALWAYS MAKE THE APPROVAL CONTINGENT UPON 60% IMPERVIOUS COVER.
AND THEN HOWEVER SHE GETS THERE, SHE GETS THERE.
HOWEVER, THEY, WE'VE DONE THAT IN THE PAST.
IF YOU'RE COMFORTABLE WITH THAT.
WAS THERE A SECOND TO YOUR MOTION? I DIDN'T, NOT YET.
THERE WAS, BECAUSE I'M OPEN ALSO TO A POSTPONEMENT IF WE'D LIKE TO GIVE MORE TIME TO EXPLORE.
WELL, I'LL SECOND, THE ONLY REASON I'M HESITANT FOR A POSTPONE IS 'CAUSE IS IS IT DRIED IN, IS ANY OF IT DRIED IN OR IS IT JUST FRAMED? I, I'LL TELL YOU WHAT, WHY DON'T YOU COME ON UP TO THE MICROPHONE.
PLEASE STATE YOUR NAME FOR THE RECORD.
YOU GOT A COUPLE OF FORMER CONTRACTORS HERE.
YOU KNOW WHAT I'M SAYING? THAT'S, YEAH.
SO IT, IS IT FRAMED? IS IT THAT, IS THERE HOME EXPOSED? IS IT DRIED IN OR IS IT, I MEAN, IS IT, IT IT'S, IT'S FRAMED STATE YOUR NAME FOR THE RECORD FOR ME FIRST, PLEASE.
AND THEN HIS QUESTION, AND, UH, YEAH, SHE HIRED ME TO, AFTER THE OLD CONTRACTOR, UH, DISAPPEARED RIGHT AWAY.
I DON'T KNOW EXACTLY WHAT WAS THE NO, I DON'T SPEAK DE I SPEAK HEBREW.
WHAT'S THAT TRIBE? I'LL, I'LL TRANSLATE IN A MINUTE, BUT I'M TRYING TO COMMUNICATE WITH HIM IN A WAY THAT YOU CAN, HUH? SPANISH.
OH, YOU DON'T SPEAK SPANISH? NO, I SPEAK HEBREW.
WE'RE, WE'RE A LITTLE BIT OFF THERE.
WELL, I SPEAK, WHAT I'M ASKING IS, IS THE ROOF, IS THERE A ROOF ON THE STRUCTURE? IS IT DRIED WITH TAR PAPER ON IT OR SHINGLES? IS IT DRIED IN? YES, IT'S DRIED IN.
AND THE ONLY THING I DID WHEN I ARRIVED IS TO, UM, TRY TO HELP HER TO GET EVERYTHING BY COAT.
I, I BROUGHT MY, UH, ARCHITECT, MY ENGINEER, UH, WE BROUGHT A THIRD PARTY INSPECTION COMPANY TO MAKE SURE THAT ALL THE MEPS, UH, IS CORRECT.
UH, WE FIXED ALSO SOME PARTS OF THE FOUNDATION THAT WAS DONE WRONG.
UH, WE DID PUT, UH, THE ROOF IN THE SHINGLES JUST TO MAKE SURE THAT THE HOUSE IS NOT, UH, UH, GETTING LIKE, UH, WATER INSIDE IT.
UM, AND JUST FOR THE RECORD, IT'S, IT'S, IT'S EXTRA MONEY SHE NEEDS TO PAY JUST TO, TO FIX THIS STUFF THAT YEAH.
BUT THAT, THAT'S WHERE I WAS GOING WITH IT, BECAUSE IT'S EASY FOR US TO POSTPONE WHEN IT'S A LARGE DEVELOPER.
I DON'T MIND POSTPONING IN THIS TYPE OF CIRCUMSTANCE.
30 DAYS CAN MAKE A WORLD OF DIFFERENCE, ESPECIALLY IF WE WOULD'VE HAD THE HURRICANE WHIP UP THIS WAY A LITTLE BIT CLOSER.
WE WOULD'VE BEEN IN, IN BIG TROUBLE.
UM, MADAM CHAIR, I REALLY DON'T WANT TO MAKE A MOTION TO POSTPONE.
I'M WILLING TO ROLL THE DICE ON THIS.
AND THEN WITH THE, WITH THE CONTINGENT THAT, UH, THE, THE IMPERVIOUS, THE MAXIMUM ALLOWED FOR IMPERVIOUS COVER BE BROUGHT DOWN TO, WHAT WAS YOUR RED LINE, MELISSA? 60.
AND THEN HOWEVER THEY GET THERE, THAT'S FINE BECAUSE, UH, UH, I MEAN, HE'S ALREADY GOT AN ARCHITECT.
THEY'VE GOT PEOPLE LINED OUT AND THEY CAN FIND A WAY TO BE, I MEAN, WE'RE TALKING 0.37%.
I'M SURE HE'LL, AN ARCHITECT WILL BE ABLE TO GET YOU THERE WITHOUT ADVERSELY AFFECTING YOUR DESIGN.
AND IS THAT INCLUDING THE, UH, IC MITIGATION ALONG WITH GET IT DOWN TO 60% AND HAVE
[01:50:01]
SOME MITIGATION? HOWEVER THEY, HOWEVER THEY YEAH, I'D STILL LIKE HER TO HAVE THE CISTERN.BUT, BUT, UH, THE MAXIMUM ALLOWED TO BE AT 60%.
THAT'S WHERE WE, SO CAN WE TIE A, A SPECIFIC NUMBER? THE, UM, CASE REVIEWERS ASKING FOR A SPECIFIC NUMBER.
SO 60% TIMES 14, 17 POINT 70 SQUARE FEET.
THE LOT SIZE IS 31, 50 POINT 54 SQUARE FEET.
AND THEY'RE ASKING FOR SPECIFIC IMPERVIOUS COVERAGE NUMBER IF Y'ALL ARE GONNA CHANGE IT, 50.
YEAH, THAT'S WHAT WE'RE GONNA CHANGE.
WE'RE GONNA CHANGE NOT TO EXCEED 60%.
SO, OKAY, SO 60% TIMES 31, 50 POINT 54.
SO, SO THAT AMOUNTS TO LIKE EIGHT SQUARE FEET.
IS THAT WORTH IT? LIKE IF, IF THIS IS ALREADY BUILT, I'M WONDERING IF THIS IS GONNA, WELL, THAT COULD BE FOR NO MATERIAL.
THAT COULD BE VERY SIMPLY TAKING, SO BE 18 FOUR FOOT SIDEWALK AND MAKING IT A THREE FOOT.
BUT IF IT, IF THAT'S THE RED LINE WHERE MELISSA'S AT IN ORDER TO GET A UNI UNANIMOUS, UH, 1880, IT WOULD BE 1890 0.32.
SO IN, IN REALITY, IF WE'RE GOING TO HAVE THAT MOMENT ABOUT MY 60%, WE'RE TALKING ABOUT A THREE BEDROOM HOUSE ON A 31 50 SQUARE FOOT LOT THAT WAS BUILT WITHOUT ANY PERMITS.
SO IF I WANT 60%, AND, YOU KNOW, YOU CAN CALL ME LAST IF Y'ALL DON'T WANNA DO THAT, THAT IS FINE WITH ME.
ME, I'M TRYING TO, I'M I'M COOL WITH YOU.
BUT I MEAN, I THINK, I THINK IF THEY CAN FIGURE EVERYTHING ELSE OUT, YEAH, THEY CAN FIGURE OUT 0.37%.
SO THAT'S MY MOTION, MADAM CHAIR.
I DON'T KNOW IF WE'RE GONNA GET IT HAND, BUT WE'RE GONNA ROLL THE DICE.
UH, CHAIRMAN POTI SAID THAT SEEMS, OR THEY'RE, SORRY, BOARD MEMBER POTIS SAID THAT JUST FEELS LIKE PRETTY ARBITRARY IF IN FACT THESE THINGS ARE ALREADY IN PLACE.
IF, IF WE SAID WE WANTED IT GO TO GO DOWN TO LIKE 55%, THEN LIKE THAT'S A MATERIAL DIFFERENCE.
BUT I THINK THIS IS IMMATERIAL AND COULD HAVE A SIGNIFICANT AMOUNT OF COST.
WELL, WHERE, WHERE I'M AT ON IT IS, UH, I'VE BEEN IN THIS ARENA A LONG TIME AND I SENSE THE CONCERN OVER THE IMPERVIOUS COVER AND WHETHER YOU, THEY SAW CUT EIGHT FEET LONG, ONE FOOT OFF OF THE SIDEWALK.
AND THAT'S WHAT IT TAKES TO GET HER WHAT SHE NEEDS.
I MEAN, I DON'T WANT, I DON'T WANT TO PUSH THE ISSUE OF GOING WITH THIS, THAT THE POSSIBILITY OF LOSING TWO VOTES.
UH, ONE OF THE THINGS WE'LL BE DISCUSSING LATER ON IS, UH, THE VOTING PROCESS FOR THE BOARD OF ADJUSTMENT.
AND ONE OF THE THINGS I'M GOING TO BE ADDRESSING IS READING THE ROOM.
AND I THINK WHAT'S BEING IMPLIED IS THAT THE VOTES MAY NOT BE THERE WITHOUT THIS.
I'LL, I'LL, I'LL SUPPORT IT AS IS BECAUSE I WANT IT TO PASS.
BUT JUST PUTTING THAT OUT ON BOARD MEMBER BOWEN.
AND IT, AND I'M BASED UPON WHAT SHE HAS SAID WAS THAT YOU WERE, YOU'RE PLANNING ON PUTTING IN A CISTERN SYSTEM.
HAVE YOU BUDGETED FOR IT OR IS THAT JUST A WISH? IT, IT'S, IT'S, I I WANT, I I'M, I'M DOING, I WANNA DO WHATEVER IT TAKES TO MAKE THIS HAPPEN.
THAT THAT'S NOT THE QUESTION, THE QUESTION.
I, I, I WILL, THE QUESTION IS, I WILL PUT ONE IN, HAVE YOU BUDGETED FOR? I HAVE NOT.
BUT I, I, BUT, BUT YOU STARTED THE RESEARCH.
I STARTED THE RESEARCH AND WE'RE LOOKING INTO IT, AND I'M, I'M GONNA, IF THAT'S WHAT IT TAKES, I'LL, I'LL DO IT.
I, I'M JUST, I'M JUST TRYING TO GET A CLARIFICATION FOR MY MIND.
I HAVEN'T, I HAVEN'T BUDGET, I'VE NOT BUDGETED FOR IT.
THAT'S, THAT'S WHAT I NEEDED TO KNOW.
CAN YOU AFFORD IT? CI SISTER? I MEAN, I, I DON'T, I DON'T KNOW HOW THIS WHOLE THING HAS BEEN SO MUCH, MUCH, BEEN LIKE A UNDERSTAND.
THE, THE REASON THAT I'M ASKING THE QUESTION IN THAT MANNER IS BECAUSE IF YOU DO HAVE THE ABILITY TO AFFORD IT EVEN, AND REALLY CAN, IF I CUT THE, LET, LET'S BE, LET'S BE CLEAR HERE.
CI CISTERN SYSTEMS CAN BE PRETTY BIG.
TAKE MY HOUSE PERSONALLY, MYSELF, I WENT OVER TO SAM'S AND I'VE GOT THESE BIG 55 GALLON DRUMS OF, UH, THAT CATCH RAINWATER TO COME OFF THE GUTTERS.
I GOT ONE ON EACH CORNER OF MY HOUSE AND THE GARAGE AND EVERYTHING ELSE.
AND BELIEVE ME, I CAN WATER MY WIFE'S GARDEN FOR, YOU KNOW, ALMOST A MONTH WITH WHAT I COLLECT OFF OF ONE BIG STORM.
[01:55:01]
CAREFUL THAT WE'RE NOT USING TERMINOLOGY THAT IS GONNA BACK YOU INTO A CORNER.THOSE, THOSE THINGS ARE A COUPLE HUNDRED DOLLARS A PIECE, YOU KNOW, AND YOUR MAN CAN SET IT UP JUST WHEN THEY DO THE GUTTER AND THEY FINISH OUT THE HOUSE.
SO BE CAREFUL BECAUSE WHEN YOU'RE TALKING ABOUT A CISTERN SYSTEM, THAT'S A DIFFERENT ANIMAL.
OH, THEN I'LL, I COLLECT, THAT'S ENGINEER.
I'LL COLLECT THE, I'LL DO YOUR WATER COLLECTION.
IT'S MUCH BETTER TO GO BY BECAUSE YOU'RE ON THE RECORD.
SO THEN I, I, I'M SORRY, I THOUGHT A CISTERN WAS THE COLLECTION.
I WAS JUST, UH, THAT BECAUSE I WAS USING YOUR TERMINOLOGIES OKAY.
VERSUS A RAIN COLLECTION COLLECTOR SYSTEM.
AND, UM, A TOTALLY ENGINEERED CISTERN SYSTEM IS A YES.
AND, AND EVEN RAIN GARDENS, I MEAN, WE'RE TRYING TO, I'M, I'M, I'M WITH MELISSA JUST TRYING TO BE ABLE TO DO THAT BECAUSE EVEN A VERY SMALL RAIN GARDEN, WHICH THE CITY OF AUSTIN HAS SOME REBATE PROGRAMS ON AND THOSE TYPE OF THINGS, OR THEY DID TAKE ADVANTAGE OF IT, UM, THAT, I'M JUST TRYING TO LOOK AT THIS AND GO ON.
WHAT'S THE BEST WAY TO GET YOU WHAT YOU NEED, BUT ALSO TRY TO HELP UNDERSTAND, BECAUSE THE CISTERN IS TOTALLY DIFFERENT THAN RAIN COLLECTION.
DO THE RAIN COLLECTION SYSTEM MUCH DIFFERENT.
PRICING BOARD MEMBER VAN OLAND, WOULD YOU BE OKAY WITH MOTION TO APPROVE MAX IMPERVIOUS COVER 60% WITH IMPERVIOUS COVER MITIGATION OF RAINWATER COLLECTION RAIN GARDENS.
THANK ABOUT EVERYONE OKAY WITH THAT? YEAH.
ANY OTHER DISCUSSION? ARE WE READY TO CALL THE VOTE? WELL, I HAVE TO READ THE FINDINGS.
READ THE FINDINGS THAT SHOULD REASONABLE USE THE ZONING REGULATIONS A TO THE PROPERTY SECOND.
THAT'S, UH, BOARD MEMBER VALENTINE WAS THE SECOND.
THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THE LAW EXCEPTIONALLY SMALL AT 3001 50 SQUARE FEET, SIGNIFICANTLY SMALLER THAN THE STANDARD 6,000 SQUARE FOOT LOT.
THIS MAKES IT EXTREMELY CHALLENGING TO BUILD A LIVABLE STRUCTURE UNDER CURRENT ZONING REGULATIONS.
HARDSHIP, THE HARDSHIP FOR WHICH VARIANCE IS REQUEST.
IT IS UNIQUE TO THE PROPERTY, AND THAT THE PROPERTY IS UNIQUELY CONSTRAINED BY ITS SIZE AND SHAPE.
IT IS A SUBDIVIDED LOT OF 31 50 SQUARE FEET, MUCH SMALLER THAN TYPICAL LOT SIZE IN THE AREA.
THE LOT HAS A SIGNIFICANT SLOPE.
FURTHER COMPLICATING CONSTRUCTION AND COMPLIANCE WITH ZONING REGULATIONS.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE MOST PROPERTIES IN THE AREA DO NOT FACE THE SAME SIZE AND TOPOGRAPHICAL CONSTRAINTS AREA.
THE VARIANCE WILL NOT ALTER 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 REGULATION OF THE ZONING DISTRICT IN WHICH A PROPERTY IS LOCATED BECAUSE THE PRO PROS CONSTRUCTION AIMS TO MAINTAIN THE HISTORIC CHARACTER AND INTEGRITY OF THE AREA.
AGAIN, WE HAVE A MOTION TO APPROVE MADE BY BOARD MEMBER RON OLAND, SECONDED BY BOARD MEMBER VALENTINE, WITH THE CONDITIONS OF A MAXIMUM IMPERVIOUS COVER OF 60% AND IMPERVIOUS COVER MITIGATION CONSISTING OF RAINWATER COLLECTION AND RAIN GARDENS.
YES, I'M GOING TO SKIP MYSELF AND GO LAST.
I DON'T LIKE THIS ONE, BUT I THINK WE, WE GOT THERE.
I THOUGHT I WAS GONNA GO LAST.
JESSICA, YOU WANNA GO LAST? YEAH, I'M GONNA MAKE YOU GO BEFORE ME.
UM, I'D LIKE TO ABSTAIN ON THIS ONE.
SO IT'S, UH, 1, 2, 3, 4, 5 IN THE BOARD OF ADJUSTMENT AND ABSTENTION IS A NO, NO, IT, IT DOESN'T COUNT TOWARDS THE VOTE.
[02:00:01]
4, 5, 6, 7, 8, 9.CHAIR COHEN, ERIC LOPEZ, ASSISTANT CITY ATTORNEY.
AN ABSTENTION IS NOT, UH, FOR FAVOR, NOR AGAINST, SO AN ABSTENTION DOESN'T COUNT TOWARDS THE VOTE.
BUT IF WE DON'T COME UP WITH NINE VERSUS SUPER MAJORITY BECAUSE OF AN ASSUMPTION, THAT'S ESSENTIALLY A NO NO, IT JUST IS A FAILURE TO GET THE NINE VOTES.
SO SAME, SAME OUTCOME, BUT DIFFERENT REASON.
SO WHAT IS THE COUNT, JESSICA? IT'S NINE.
THERE'S ONE ABSTENTION, RIGHT? I I I'LL VOTE YES.
I, AND I'LL VOTE YES BECAUSE OF THE 60%, BECAUSE THAT'S THE SAME THING I WOULD'VE DONE ON A SUBSTANDARD LOT OVER IN EAST AUSTIN AS OPPOSED TO WHAT HAPPENED IN TRAVIS HEIGHTS.
[8. Discussion of the June 10, 2024, Board of Adjustment activity report]
WILL BE ITEM EIGHT.AND SO OUR DISCUSSION ITEMS, THIS IS DISCUSSION OF THE JUNE 10TH, 2024 BOARD OF ADJUSTMENT ACTIVITY REPORT.
ANY COMMENTS OR QUESTIONS? AGAIN? VERY WELL DONE, YOUR HONOR.
I'LL GO AHEAD AND THANK Y'ALL IN ADVANCE FOR THIS, BECAUSE I WILL BE USING THIS FOR MY ANNUAL INTERNAL REVIEW REPORT, WHICH WILL BE TO Y'ALL BEFORE JULY 30TH.
SO IT WILL BE SUBMITTED ON TIME.
Y'ALL CAN SEE THAT AT THE NEXT MEETING.
UH, BASICALLY ALL THAT IS, IS JUST A, A REPORT OF ALL THE CASES WE HEARD, HOW MANY POSTPONEMENTS WE HEARD, HOW MANY MEETING CANCELLATIONS WE HAD, AND, UH, THAT GETS SENT UP TO CITY COUNCIL AND STAFF SO THEY CAN KEEP A RECORD OF, UH, EVERYTHING WE HEARD IN ONE, LIKE WHERE'S GONE? ONE
RECORD? YEAH, THAT AGGREGATED RECORD.
[9. Discussion of BOA Applicant Assistance Program]
NINE, ITEM NINE, DISCUSSION OF THE BOARD OF ADJUSTMENT APPLICANT ASSISTANCE PROGRAM.DID EVERYBODY GET A CHANCE TO LOOK AT THE LINK FOR THE BACKUP FOR THE APPLICANT ASSISTANCE PROGRAM? YES, MA'AM.
SO THE REASON I WANTED TO INCLUDE THIS ON THE AGENDA IS THIS SOMETHING THE BOARD OF ADJUSTMENT WORKED FOR REALLY, REALLY HARD SEVERAL YEARS BACK.
ESSENTIALLY WHAT THE APPLICANT ASSISTANCE PROGRAM IS, IT'S A PROGRAM SIMILAR TO THE, UH, AUSTIN ENERGY CUSTOMER ASSISTANCE PROGRAM.
ESSENTIALLY, THERE ARE GOING TO BE CLIENTS WHO WERE PREVIOUSLY UNABLE TO COME BEFORE THE BOARD OF ADJUSTMENT, JUST SIMPLY BECAUSE OF FINANCIAL, UH, RESTRICTIONS.
THEY'RE, THEY'RE EITHER, IT'S A, YOU KNOW, LOWER SOCIOECONOMIC CLASS, LOWER INCOME, BUT IT, IT'S VERY EXPENSIVE TO COME BEFORE THE BOARD OF ADJUSTMENT, UH, RESIDENTIAL HOMESTEAD.
IT'S ALMOST A THOUSAND DOLLARS AFTER NOTIFICATIONS COMMERCIAL.
IT'S, UH, 3,900 NOW, OR 3,800 IF I REMEMBER CORRECTLY.
SOMETHING CLOSE TO THAT, DON'T, DON'T, DON'T QUOTE ME ON THOSE EXACT NUMBERS.
BUT THE APPLICANT'S ASSISTANCE PROGRAM IS FOR, UH, APPLICANTS WHO MEET CERTAIN CRITERIA, UH, WHETHER THEY'RE ON WIC OR SNAP OR, UH, DISABILITY, UH, SOME VETERANS PROGRAMS. BUT IT, IT, IT'S A PROGRAM WHERE A, UH, CERTAIN AMOUNT OF THE GENERAL FUND IS SET ASIDE TO COVER THOSE BOARD OF ADJUSTMENT FEES.
AND ALSO THEY HAVE, UH, ACCESS TO LEGAL AID, UH, THAT'S PAID FOR THROUGH THE SAME FUND.
AND I, UH, WE, WE DON'T REALLY, I'VE ASKED LEE NOT TO LET US, US KNOW WHEN THOSE CASES ARE, BECAUSE I DON'T WANT US TO BE BIASED, BUT I DO HAVE TO KEEP TRACK OF THEM AFTERWARDS, UH, SO THAT I KNOW THAT THEY CAME AND I JUST WANTED TO MAKE SURE EVERYONE WAS AWARE OF THAT PROGRAM.
UH, DID YOU, DO YOU HAVE A QUESTION BOARD MEMBER VAN ZANT? DO, DO WE, I'M CURIOUS AS TO LIKE, SORT OF WHAT DEGREE OF UTILIZATION OF THAT PROGRAM IS
[02:05:01]
HAPPENING AND UH, OR LIKE, IS IT COVERING PEOPLE ENOUGH TO WHERE IT'S SOMETHING THAT'S, THAT, UH, IS ACTUALLY USEFUL TO THEM OR IN ITS CURRENT FORM? SO TO PARTIALLY ANSWER THAT QUESTION, UM, THAT NUMBER WILL BE INCLUDED IN MY ANNUAL INTERNAL REVIEW REPORT.I, I DON'T KNOW THE EXACT NUMBER YET.
I WILL HAVE THAT NUMBER FROM ELAINE AND I'LL BE ABLE TO PRESENT IT TO Y'ALL THE NEXT MEETING.
I THINK IT'S EITHER TWO, MAYBE THREE, I'M NOT SURE.
BUT THIS IS THE FIRST YEAR THAT IT HAS BEEN IN, IN EFFECT.
IT JUST, UH, WENT INTO EFFECT LAST OCTOBER AND WE HAD SOMEONE UTILIZE IT ALMOST IMMEDIATELY AFTER, WHICH SHOWS ME IT IS SOMETHING THAT IS NEEDED.
AND IT WAS FOR LOCAL SMALL, IT WAS JUST A FAMILY.
IT WASN'T, IT WASN'T FOR DEVELOPERS OR ANYTHING LIKE THAT, SO.
IT ONLY APPLIES TO HOMESTEADERS.
TO BE CLEAR, IT'S, IT'S NOT LESS, UH, CONCERNED ABOUT ITS NEED AND MORE JUST TO MAKE SURE THAT LIKE, IN ITS PRESENT FORM, IT'S LIKE ACTUALLY FUNCTIONALLY SERVING THAT PURPOSE.
IT'S VERY EXCITING EVERY TIME.
IT WAS VERY, IT WAS VERY EXCITING BECAUSE AS THE FEES WENT HIGHER AND HIGHER, YOU GOT TO SEE MORE LAKE AUSTIN CASES THAN YOU DID PEOPLE THAT, YOU KNOW, WHEN YOU'RE TALKING ABOUT SPENDING A COUPLE THOUSAND DOLLARS WHERE YOU MIGHT HAVE HAD A CONSTRUCTION ISSUE AND YOU COULD SOLVE WITH THAT THOUSAND, COUPLE THOUSAND DOLLARS INSTEAD OF COMING FOR A VARIANCE ON SOMETHING THAT WAS DI MINIMUS.
UM, SO IT IS PRETTY EXCITING AND JESSICA AND OTHERS WORKED REALLY HARD TO GET IT.
I MEAN, THAT THIS WAS NO EASY.
IT, IT TOOK TWO AND A HALF YEARS
BUT NO, AND THAT, THAT'S REALLY WHY WE WERE NOTICING LIKE, IT WAS LIKE LAKE AUSTIN KEYS, LIKE DOC BOTOX, BOTOX, BOTOX, AND LIKE, I'M LIKE, WHERE ARE ALL MY FOLKS ON THE EAST SIDE WHO ARE GETTING RED TAGGED? AND YOU KNOW, A LOT OF 'EM ARE JUST TEARING STUFF DOWN INSTEAD OF TRYING TO FIX IT OR COME GET A VARIANCE.
[10. General discussion of fees and voting requirements for Board of Adjustment variances, special exceptions, and interpretation appeals for new members]
TO, TO DISCUSS THAT BECAUSE IT'S SORT OF TIES INTO, UH, THE NEXT THING WE'RE GOING TO DISCUSS, WHICH IS ITEM NINE.SO, OR SORRY, ITEM 10, THE GENERAL DISCUSSION OF FEES AND VOTING REQUIREMENTS FOR BOARD OF ADJUSTMENT VARIANCES, SPECIAL EXCEPTIONS AND INTERPRETATION APPEALS FOR NEW MEMBERS.
SO I'M HOPING EVERYBODY CLICK THE LINK AND LOOKED AT SOME OF THE FEES ON THERE.
LET ME GO AHEAD AND GET THIS PULLED UP REAL QUICK.
'CAUSE I DON'T THINK, OR, UH, DANIEL, CAN Y'ALL PULL UP A LINK FROM THE AGENDA FOR ITEM 10? WOULD THAT BE POSSIBLE TO PUT ON THE SCREEN IF IT'S OKAY, IF NOT, IT'S THE ONE MARKED BOA FEE SCHEDULE.
I, ANYWAYS, WHILE HE IS LOOKING AT THAT.
SO JUST REAL QUICKLY, LET'S GO OVER IT.
UH, FOR VARIANCE, COMMERCIAL VARIANCE, THE BASE FEE IS $3,455.
THE NOTIFICATION FEE IS 261 90.
THERE'S A 4% TECH SURCHARGE FEE AND AN AUSTRIAN ENERGY FEE, WHICH TOTALS FOR 4,127 AND $50.
OKAY? SO IT'S, IT'S A PRETTY DECENT CHUNK OF MONEY WE'RE TALKING ABOUT.
NOW FOR RESIDENTIAL HOMESTEADERS, THE VARIANCE BASE FEES, $500 BASE NOTIFICATION FEE IS 2 61 90.
NOTICING WILL BE, UH, OR SHOULD BE IDENTICAL BETWEEN THE TWO.
UM, THERE'S A 4% TECH SURCHARGE FEE AND THE AUSTIN ENERGY FEE FOR A TOTAL OF $1,000 54, OR SORRY, 1050 $4 AND 38 CENTS.
SO THAT'S FOR RESIDENTIAL VARIANCE.
AND, AND THE REASON I WANTED TO BRING THESE UP IS BECAUSE ONCE A PERSON GETS RED TAGGED, OR ONCE A PERSON APPLIES FOR VARIANCE, THEY HAVE TO STOP BUILDING.
THEY HAVE TO PAY THIS MONEY AND THEY CAN'T DO ANYTHING ELSE
[02:10:01]
UNTIL WE HEAR THEIR CASE.SO IF WE END UP POSTPONING SOMETHING, WHICH IS LIKE WHAT MICHAEL WAS TALKING ABOUT EARLIER, IF WE END UP POSTPONING SOMETHING THAT'S COSTING THEM, THEY CAN'T BUILD, UH, LIKE FOR EXAMPLE, THIS WOMAN, IF HER ROOF HADN'T BEEN COVERED, THAT COULD HAVE BEEN RAIN COMING IN.
YOU KNOW, YOU'VE GOT CONTRACTORS WHO'VE PAID FOR MATERIALS, THEY WEREN'T GETTING REIMBURSED, YOU KNOW, ESPECIALLY IF THEY'RE OUT OF POCKET ON IT.
SO I THINK IT'S REALLY IMPORTANT TO TRY TO REMEMBER, UH, THAT THESE FOLKS CAN'T DO ANYTHING UNTIL WE MAKE A DECISION.
SO LOOKING AT THE SPECIAL EXCEPTIONS FOR COMMERCIAL, RESIDENTIAL IS THE SAME COST, UH, ZONING, INTERPRETATION AND APPEALS, WHICH ARE A LITTLE DIFFERENT.
UH, INTERPRETATION APPEALS ARE WHERE CITY STAFF SAYS, WE BELIEVE THE CODE APPLIES THIS WAY.
AND, UH, AN INTERESTED PARTY OR AN APPLICANT WILL SAY, NO, WE DON'T THINK CITY STAFF INTERPRETED THAT CORRECTLY.
AND WE WOULD LIKE THE BOARD OF ADJUSTMENT TO ALSO LOOK AT IT AND TELL US IF THEY EITHER AGREE WITH STAFF OR NOT.
AND THAT COST IS $3,188 AND 46 CENTS.
AND THAT, THAT'S FOR ANYTHING THAT'S, IT'S RESIDENTIAL, IT'S COMMERCIAL.
THIS COULD BE A, A VERY, UH, LOW INCOME HOMEOWNERS ASSOCIATION OR MAYBE A NEIGHBORHOOD GROUP OR A CONTACT TEAM WHERE THEY JUST DON'T HAVE THE KIND OF MONEY.
SO I THINK IT'S IMPORTANT, AGAIN, THAT WE UNDERSTAND THESE FEES WHILE WE'RE VOTING.
NOT, NOT THAT WE NEED TO TREAT, OR ACTUALLY I SHOULD SAY THAT WE, WE CAN'T TREAT FINANCE AS A HARDSHIP.
COST ISN'T A HARDSHIP, BUT IT IS SOMETHING TO KEEP IN MIND.
YOU KNOW, WE'RE NOT HERE TO PUNISH PEOPLE.
WE'RE HERE TO GRANT RELIEF FROM THEIR HARDSHIP.
SO HAVING LOOKED AT THAT, LOOKING AT OUR BOA RULES AND PROCEDURES, HOPEFULLY EVERYONE'S READ THE BYLAWS AND THE RULES AND PROCEDURES.
I WANTED TO TALK ABOUT VOTING.
AND I'M, I'M NOT CALLING ANYONE OUT.
DON'T FEEL BAD IF YOU VOTED THIS WAY.
WE REQUIRE A SUPER MAJORITY, THAT'S STATE LAW.
IT REQUIRES NINE PEOPLE IN ORDER FOR US TO PASS A VARIANCE OR A SPECIAL EXCEPTION.
WHEN WE HAVE A BOARD THAT'S FULL, LIKE WE DO RIGHT NOW, ALL 11 SEATS ARE APPOINTED.
SO WE REQUIRE SUPER MAJORITY OF NINE.
AND ABSTENTION IS AN ABSTENTION AS OUR, OUR BOARD ATTORNEY SAID.
BUT FOR ALL INTENTS AND PURPOSES, IT'S A NO.
SO I WAS GOING TO SUGGEST THAT IF YOU ARE, SAY, UNABLE TO ATTEND A MEETING, EVEN SOMETHING AS SIMPLE AS THE MINUTES, WATCH THE VIDEO FROM THE MONTH BEFORE.
YES, IT'S REALLY LONG AND A LITTLE BIT DRY AND NOT THE MOST ENTERTAINING THING IN THE WORLD, BUT IT COULD OFFER VALUABLE INSIGHT, ESPECIALLY IF A CASE IS POSTPONED OR IF YOU HAVE TO HEAR A RECONSIDERATION.
UM, IT'S, THIS IS JUST MY PERSONAL OPINION, WE ARE APPOINTED TO DO A JOB.
AND IF YOU'RE GONNA SAY NO, SAY NO.
IF YOU'RE NOT COMFORTABLE VOTING FOR IT, YOU KNOW, SAY NO.
IF YOU ARE COMFORTABLE VOTING FOR IT, SAY YES AND, AND, AND, AND NOT SAYING YOU CAN'T ABSTAIN, YOU CAN.
UM, AND ERICA, IS THERE, IS THERE ANY REAL REPERCUSSION FROM THAT IF WE WERE TO GET TAKEN TO COURT, LIKE UNDER ABSTENTION? IT JUST COUNTS AS LIKE A ERICA LOPEZ ASSISTANT CITY ATTORNEY.
THERE IS NO NOTHING IN THE BYLAWS IN STATE, IN THE CITY CODE THAT PROHIBITS A BOARD MEMBER FROM ABSTAINING.
THE STATE STATE LAW REQUIREMENT IS, UM, A SUPER MAJORITY VOTE NINE TO PASS.
IF YOU WANT TO ABSTAIN, AGAIN, THIS IS JUST ME, MY MY PERSONAL FEELINGS.
WE HAVE A JOB TO DO AND, AND WE SHOULD AT LEAST TRY TO DO IT.
UH, BUT I WANTED FOLKS TO UNDERSTAND THAT IF YOU DO ABSTAIN AND WE DON'T GET THOSE NINE VOTES, THAT IT'S STILL GOING TO BE A DENIAL WITH THE EXCEPTION OF SIGNED CASES, UH, SIGNED CASES.
BY THE WAY, WE ARE THE SIGNED VARIANCE BOARD AS WELL.
I'M NOT SURE IF EVERYBODY KNEW THAT.
'CAUSE WE HAVEN'T HAD A SIGNED CASE RECENTLY, BUT THAT'S THE SIMPLE MAJORITY.
[02:15:01]
UM, DOES ANYONE HAVE QUESTIONS ABOUT VOTING OR, OR THE FEE STRUCTURES OR, OR VICE CHAIR? YEAH, GO AHEAD.I JUST KIND OF WANTED TO ADD THAT.
UH, SOMETIMES, I MEAN, THERE'S CRITERIA FOR RECUSAL AND THEN THERE'S WHAT YOU'RE NOT COMFORTABLE WITH.
TYPICALLY, IF I'M NOT COMFORTABLE VOTING ON A CASE, I DON'T PARTICIPATE IN THE CASE.
I ACTUALLY LEAVE THE DAIS AND I LET PEOPLE KNOW IN ADVANCE.
UM, AND, AND LIKE TONIGHT WHEN THERE WAS SOMETHING THAT I WAS NOT COMFORTABLE WITH, BECAUSE WE'VE HAD A LOT OF CASES WITH SMALL LOTS AND THEY SEEM TO SOMEHOW ALWAYS BE OVER IN EAST AUSTIN, UM, THAT, YOU KNOW, I, I THREW OUT WHAT WOULD MAKE ME MORE COMFORTABLE.
I MEAN, IT SEEMS LIKE THE ONLY SACRED COW LEFT ON THE PLANET WITH HOME ONE AND TWO IS IMPERVIOUS COVER.
AND YOU KNOW, HERE, YOU KNOW, YOU GOT A THREE BEDROOM HOUSE,
UH, YOU KNOW, LIKE, UH, YOU COULD PROBABLY GET THAT DOWN TO WHAT I WOULD, YOU KNOW, UH, A LOT OVER THAT WOULD'VE HAD A, A SUPPORT LETTER FROM THE NEIGHBORHOOD ASSOCIATION WITH IT, UH, OVER IN, IN CERTAIN AREAS OVER IN EAST AUSTIN BECAUSE THEY REALLY WANT HOME OWNERSHIP.
SO I, I THREW OUT THE CONDITION THAT WOULD, THAT WOULD HELP SOMEONE UNDERSTAND YOU COULD GET TO NINE VOTES IF, IF YOU INCORPORATED THIS AMENDMENT.
SO THERE'S NOTHING WRONG WITH ADDING YOUR OPINION.
UH, REGARDLESS OF WHETHER SOMEONE FELT LIKE IT WAS RIDICULOUS FOR EIGHT FEET OR NOT, IT WAS A NUMBER THAT I COULD LIVE WITH.
AND I, I THOUGHT THAT SOME OF, YOU KNOW, I COULD GO ON ABOUT THE REST OF THE CASE, BUT I WON'T.
UH, I'M JUST SAYING, SO FOR ME, IF I'M NOT GONNA PARTICIPATE, I DON'T PARTICIPATE THE ENTIRE CASE.
I DON'T JUST LIKE SURPRISE, UM, THERE AT THE END.
AND THERE'S NOTHING WRONG WITH SAYING NO AND HAVING A POSITION.
I MEAN, THAT'S PART OF WHAT MAKES THE BOARD I THINK GOOD IS THAT WE'RE ALL A MIX OF PEOPLE AND WE ALL HAVE DIFFERENT OPINIONS.
AND WHEN WE COME TOGETHER AND MAKE A DECISION, SOMETIMES IT'S A BETTER DECISION JUST BY HAVING THE MIX.
I MEAN, I, I'VE BEEN ON THE BOARD WITH A LOT OF DIFFERENT PEOPLE AND, UH, THERE'S A REASON I STICK WITH MICHAEL
UH, AND I CHAIR, IF I REMEMBER CORRECTLY, RECUSALS ARE REQUIRED TO LEAVE THE DAIS.
AND ABSTENTIONS, HISTORICALLY, WE'VE A LOT OF HORSE TRADING, YOU KNOW, BACK AND FORTH.
UH, IF IT USED TO BE, ESPECIALLY WHEN THERE WAS ONLY SEVEN MEMBERS ON THE COUNCIL.
CERTAIN COUNCIL MEMBERS HAD, UH, THEY HAD THEIR FAVORITE THINGS THAT THEIR, YOU KNOW, THEY HAD THEIR LITTLE BABIES THAT THEY WANTED TO, TO, TO REALLY PUSH A LOT, YOU KNOW, AND A LOT OF TIMES, UH, I, I MEAN, THANK GOD IN ALL MY YEARS UP HERE, I'VE ONLY HAD ONE COUNCIL MEMBER THAT HAS EVER ASKED ME TO REALLY GO IN, UH, ONE DIRECTION OR, OR PAY CLOSE ATTENTION TO THE NO PARKING SITUATION OR THE BICYCLE TYPE STUFF.
AND HE WAS, HE WAS A GOOD MAN.
NEVER TOLD ME HOW TO VOTE, NEVER ASKED ME HOW TO VOTE, BUT I, BUT HE MADE IT VERY CLEAR THAT THOSE WERE HIS ITEMS THAT HE RAN ON HIS PLATFORM AND THOSE WERE SENSITIVE TO HIM.
UH, AND SOMETIMES WHEN WE'RE MAKING OUR DECISIONS, UH, SOME OF THEM CAN GET VERY COMPLICATED.
BUT WHEN WE KNOW THAT WE HAVE COUNCIL MEMBERS, UH, MY COUNCIL MEMBER IS VERY SENSITIVE ABOUT THE WHOLE, WHERE THE DIRECTION THE ZONING IS GOING.
UH, SHE'S NEVER ASKED ME TO VOTE A CERTAIN WAY.
UH, BUT I DO KNOW PERSONALLY MYSELF HOW SHE FEELS AND HOW SHE STANDS IN.
AND QUITE FRANKLY, I'M IN AGREEMENT WITH ABOUT 99% OF IT.
SO THEREFORE IT'S, IT'S NOT AN ISSUE.
BUT WHEN ISSUES DO COME UP THAT ARE SOMEWHAT QUESTIONABLE, IT'S NOT UNCOMMON THAT WE DO SOME NEGOTIATING OR, OR SOME, WHAT I CALL HORSE TRADING BACK AND FORTH WITH EACH OTHER.
SO IF, IF SOMEBODY'S SITTING THERE AND YOU DON'T REALLY, YOU CAN'T QUITE GET THERE BECAUSE THERE'S SOMETHING THERE THAT HASN'T COME UP.
IT'S, IT'S REALLY IMPORTANT THAT WE'RE ABLE TO COMMUNICATE AND AT AT LEAST ARTICULATE WHAT OUR CONCERNS ARE.
'CAUSE IT ALSO HELPS THE REST OF US ON THE DIOCESE BE ABLE TO COME UP WITH SOLUTIONS IN ORDER TO EITHER MAKE SOMETHING PASS OR NOT.
I DON'T, I, I WANT TO SAY THIS ON THE RECORD BECAUSE
[02:20:02]
I KNOW I MAKE THE MAJORITY OF, OF THE MOTIONS I ALWAYS HAVE.I'VE BEEN IN THIS POLITICAL ARENA FOR, FOR DECADES.
UH, AND SO, AND MUCH MORE HAIRIER THAN THIS ONE.
CAPITAL METRO, BELIEVE ME, THAT WAS A WHOLE OTHER ANIMAL THERE GETTING LIGHT RAIL HERE.
BUT THE, THE, UM, WHEN I WANT ALL OF THE MEMBERS TO KNOW WHEN, IF YOU DON'T VOTE MY WAY, I DON'T TAKE IT PERSONALLY.
UH, YOU KNOW, OF COURSE I'D LIKE TO HAVE YOUR VOTES WHEN WE GO THAT WAY.
BUT, YOU KNOW, IF IT DOESN'T HAPPEN, I DON'T TAKE IT PERSONALLY.
AND, AND I MAY SUPPORT, I MAY SUPPORT YOU.
AND THIS HAS HAPPENED, UH, WITH THE CURRENT MEMBERS AS WELL, THAT THEY WON'T SUPPORT ME ON AN ITEM, BUT THEY'LL NOW SUPPORT THEM ON AN ITEM.
AND MAYBE I WON'T SUPPORT 'EM ON ANOTHER ITEM.
NONE OF THIS IS TO BE TAKEN PERSONAL.
AND, AND WE HAVE TO KEEP IN MIND THAT WHAT WE'RE TRYING TO DO, THE WHOLE PURPOSE FOR US BEING HERE IS TO HELP ALLEVIATE AND TO, UH, GIVE REDRESS TO SITUATIONS THAT HAVE TRANSPIRED WITHIN THE CITY'S ZONING, UH, CAPACITY OVER DECADES.
I MEAN, WHEN I WA WHEN I WAS IN EAST AUSTIN WHEN I LIVED AND I HAD MY PROPERTY THERE, BELIEVE ME, YOU DIDN'T, I I WALKED MY GIRLS TO THEIR, THEIR MY WIM, MY ADMINISTRATIVE ASSISTANT TO THEIR CARS PACKING A 45.
THAT'S HOW ROUGH IT WAS BACK THEN.
I HAD TO HAVE ASKED THE MAYOR PRO TEM TO HAVE THEM PUT BULLETPROOF GLASS IN, IN THE LIGHTS SO THEY WOULDN'T SHOOT 'EM OUT BEFORE THEY DO A DRIVE BY.
'CAUSE I WOULD WORK LATE AT NIGHT.
I'VE SEEN IT GO FROM THAT TO NOW, YOU KNOW, WALK AROUND THE CORNER AND GO, GIMME STUFF SOME, A LA LATTE OR WHATEVER THE CASE MAY BE.
SO WE'RE, WE'RE COMING UP AND NOW WITH THE NEW HOME ISSUE COMING UP, I DO WANNA SAY THIS AS WELL, I'LL GET OFF MY SOAPBOX.
WE'RE GONNA END UP PROBABLY HAVING QUITE A FEW INTERPRETATIONS COME OUR WAY.
AND FOR THE NEW MEMBERS, JUST KEEP IN MIND THAT WHEN WE DO AN INTERPRETATION THAT'S CRITICAL TO DO YOUR HOMEWORK.
BECAUSE ESSENTIALLY WHAT WE'RE DOING IS WE'RE WRITING CODE AT THAT POINT.
WHEN WE MAKE A DECISION ON AN INTERPRETATION, IT BECOMES CODE.
OKAY? SO, UH, WE HAVE TO BE VERY CAREFUL WITH THOSE IN THAT ASPECT.
BUT, UH, OTHER THAN THAT, I MEAN, THIS IS ONE OF THE, ONE OF THE BEST BOARDS TO BE ON, IN MY OPINION, BECAUSE WHAT WE DO HERE IMPACTS THE QUALITY OF LIFE IN AUSTIN.
AS, UH, AS CHAIR, PART OF MY JOB IS, IS NOT JUST READING OFF THE AGENDA AND RUNNING THE MEETING.
IT'S, IT'S, IT'S READING THE ROOM.
AND BY READING THE ROOM, I'M TALKING ABOUT HOW VOTES ARE GOING AND THEN TRYING TO DIRECT US TO RESOLUTION.
BECAUSE I BELIEVE EITHER WAY, WHETHER IT'S A DENIAL OR AN APPROVAL, I PREFER FOR US TO DO IT THAT NIGHT INSTEAD OF HAVING TO POSTPONE SOMEONE.
UH, PART OF WHAT MICHAEL WAS SAYING WITH THE HORSE TRAINING IS IF YOU'RE, IF YOU'RE READING THE ROOM, IF YOU'RE SITTING HERE AND YOU'RE SEEING THAT SOMETHING YOU SUPPORT OR DON'T SUPPORT, MAYBE DOESN'T HAVE THE VOTES, THAT'S WHERE BARTERING CONDITIONS COME IN.
WELL, WOULD YOU ACCEPT A FRIENDLY AMENDMENT FOR IMPERVIOUS COVER MITIGATION? WOULD YOU ACCEPT LIMITING TO 5,427 SQUARE FEET INSTEAD OF 5,600? IT, IT'S THESE LITTLE THINGS THAT THESE LITTLE NEGOTIATIONS THAT CAN ACTUALLY HELP STILL GRANT AT LEAST A REASONABLE USE OF, OF, OF LAND OF, IN A HARDSHIP SITUATION.
INSTEAD OF SAYING, NO, SORRY, YOU'RE JUST STUCK AND YOU CAN'T BUILD AT ALL.
SO I THINK THAT'S ALSO SOMETHING TO KEEP IN MIND.
UH, WHEN WE'RE HEARING THESE CASES, BOARD MEMBER VAN FIRE, YOU HAVE A QUESTION? I, I HAD A QUESTION ABOUT THE, LIKE THE ABSENT, IF A MEMBER'S ABSENT OR LIKE LEAVES THE DA, FOR EXAMPLE, UM, DOES, DOES THAT LOWER THE NUMBER OF VOTES? WE NEED TO CLEAR THE HURDLE BECAUSE FUNCTIONALLY, ISN'T IT JUST RECUSAL? DOESN'T THE RECUSAL OFFICIAL RECUSAL LOWERS THE NUMBER? YES.
IF A, A ERIC LOPEZ, ASSISTANT CITY ATTORNEY, IF A BOARD MEMBER IS LEGALLY REQUIRED TO RECUSE THEMSELVES, WHICH IS OUTLINED IN CITY CODE, UM, THEN THE VOTING THRESHOLD IS LOWERED.
BUT ONLY IF A, IF THEY ARE LEGALLY REQUIRED TO, OR IF WE HAVEN'T FILLED ALL THE SORT OF ABSENCES WITH ABSTENTIONS ARE, OH, NO, I'M NOT SAYING ABSTENTIONS.
I'M SAYING LIKE, IF SOMEONE'S JUST ABSENT, WE DON'T GET ENOUGH ALTERNATES.
SO IF THEY'RE OH, IF THEY'RE NOT HERE, NO, NO, IT'S, SO THAT'S WHAT
[02:25:01]
HAPPENED LAST TIME.IF WE DON'T HAVE NINE PEOPLE HERE, CAN'T PASS ANYTHING, WE CAN'T PASS ANYTHING.
BUT SIGN VARIANCES, WHICH IS WHY EVERYTHING GOT POSTPONED FROM THE, UH, JUNE MEETING.
SO THEN, UH, SO MY, MY LARGER QUESTION IS, UH, SECTION F OF OUR, UM, IS IT BYLAWS, ARTICLE FIVE, SECTION F? UM, THERE'S LIKE A PART THAT SAYS, AND THAT HAS CONFUSED ME FOR A WHILE.
IS IT ARTICLE FIVE? SECTION F? IT SAYS ABSENCES.
VOTE REQUIRED RECONSIDERATION SAY, HANG, HANG, HANG, HANG.
I'M, I'M JUST IN THE WRONG IT.
SECTION F THREE B SAYS, IF A MEMBER IS ABSENT AND THE VOTE OF THAT MEMBER ADDED TO THE NUMBER VOTING FOR THE APPLICANT WOULD EQUAL THE MINIMUM NUMBER OF AFFIRMATIVE VOTES REQUIRED TO APPROVE A REQUEST, THE MOTION SHALL BE REGARDED AS A VOTE TO POSTPONE ACTION AND CONTINUE CONSIDERATION OF THE MATTER TO THE NEXT MEETING.
SO WHERE DOES THAT SPECIFICALLY, THAT THAT IS LITERALLY WHAT HAPPENED IN JUNE.
BECAUSE AGAIN, WE DIDN'T HAVE ENOUGH PEOPLE TO REACH THAT SUPER MAJORITY BECAUSE OF ABSENCES.
SO WE LITERALLY JUST HAD TO POSTPONE EVERYTHING.
SORRY, I'M GONNA STEP IN AT THREE.
SO SAY IF WE, IF WE HEARD A CASE AND WE GOT TO THE END AND THEY JUST, AND THEY KNEW WE ONLY HAD NINE PEOPLE AND YOU NEEDED NINE PEOPLE IN ORDER FOR A VARIANCE TO PASS, IF OUT OF 11, SAY WE ONLY HAVE ONE ALTERNATE, SO WHEN ONE PERSON IS, IS ALL WE CAN FILL IN FOR, SO IF SOMEBODY WENT TO THE BARE MINIMUM NINE OR SAY 10, AND THEN TWO PEOPLE VOTED A AGAINST IT, BUT SAY THAT THE PERSON WHO WAS ABSENT SAY THAT THAT COULD HAVE MADE IT PASS, THEN IT GETS, IT CAN GO TO THE NEXT MEETING.
NOT, NOT THAT WE DIDN'T HAVE QUORUM.
IN ORDER TO FUNCTION AS A BOARD.
THANK YOU FOR, FOR CLARIFYING THAT.
'CAUSE I WAS CONFUSED ABOUT THAT.
AND THEN I THINK THE SECOND THING IN TERMS OF, UH, POSTPONEMENT THOUGH THAT I WANTED TO TOSS OUT IS THAT LIKE, THIS PROCESS IS EXPENSIVE AND DELAYING PEOPLE FOR A MONTH IS EXPENSIVE.
BUT ALSO IF WE MAKE AN, UH, AN ACTUAL DENIAL, THEY HAVE TO LIVE WITH THAT.
SO SOMETIMES THERE IS LIKE A STRATEGIC DECISION.
IF YOU'RE READING THE ROOM AND YOU THINK IT MIGHT, YOU HAVE SOME LEGS WITH SOME MORE INFORMATION THAT LIKE, I THINK, I DON'T KNOW IF I, I CAN'T DECIDE FOR THE HOMEOWNER OBVIOUSLY, BUT LIKE, I WOULD THINK SOME OF, SOME OF THE HOMEOWNERS WOULD PROBABLY PREFER IT IF WE KICKED IT TO GIVE THEM A SHOT AS OPPOSED TO LIKE MAKING THEM HAVE TO WAIT UNTIL THEY'RE ABLE TO APPLY AGAIN.
IF THERE'S ONLY NINE, TRADITIONALLY WHAT I'VE DONE AND WHAT CHAIRS BEFORE ME HAVE DONE IS OFFER AN OPTION LIKE, HEY, THIS WON'T COUNT AGAINST YOU BECAUSE WE, WE DO TRACK HOW MANY POSTPONEMENTS ARE ASKED FOR.
LIKE, ESPECIALLY IF IT'S COMING FROM THE APPLICANT FOR SOME REASON OR ANOTHER.
UH, BUT I I, I'M ALMOST ALWAYS, IF IT'S THAT LOW, WE'LL SAY HE ONE VOTE TAKES YOU OUT, SO WOULD YOU RATHER WAIT TILL NEXT MONTH? AND WE HAVE A FULL BOARD.
OH, I'M SAYING EVEN IN THE EVENT OF A FULL BOARD, LIKE THAT WAS A BIT OF A NON SEQUITUR I SUPPOSE.
BUT LIKE, UH, JUST GENERALLY ON THE SUBJECT OF POSTPONEMENTS IS LIKE, YES, IT'S EXPENSIVE AND ALSO THEY CAN, THEY CAN ASK FOR RECONSIDERATION WITHIN 10 DAYS, 10 BUSINESS DAYS.
WE CAN JUST TANK A RECONSIDERATION IF WE DON'T LIKE IT, IT'LL BE THE NEXT MONTH, THE NEXT MEETING.
BUT IF THEY HAVE ADDITIONAL INFORMATION OR MY FAVORITE, THE BOARD AIRED.
YEAH, IT'S NEW EVIDENCE OR BOARD, BOARD AIRED.
I, I WOULD SAY THOUGH, IF, IF, IF YOU'RE GONNA VOTE NO NOW, YOU'RE PROBABLY GONNA VOTE NO NEXT MONTH.
TWO, UH, I MEAN, OF COURSE, YOU KNOW, I'M ALWAYS WILLING TO ENTERTAIN A POSTPONEMENT, BUT PERSONALLY I'M NOT GONNA MAKE ONE IF A MOTION FOR ONE.
IF YOU'RE JUST GONNA, IF I'M GONNA VOTE NO FORM NEXT MONTH AS WELL, LIKE, MIGHT AS WELL GET IT OVER WITH.
I THINK THAT THE SCENARIO THOUGH WOULD BE BECAUSE I AM THE ALTERNATE, YOU'RE WELCOME.
IF I WERE NOT HERE AND OUR OTHER, UM, OFFICIAL BOARD MEMBER MAYBE WOULD'VE VOTED, UM, A DIFFERENT WAY THAN A POSTPONEMENT MIGHT MAKE SENSE IN THAT CASE.
IS THAT WHERE YOU WOULD GIVE THE HOMEOWNER POSSIBLY A IF WE, WE'VE DONE THAT BEFORE TOO.
LIKE IF, YOU KNOW, CERTAIN BOARD MEMBERS ARE GOING TO VOTE A CERTAIN WAY AND, OR, OR MAYBE WE DON'T KNOW, BUT I DON'T EVEN KNOW THE OTHER BOARD MEMBER WHO I'M FILLING IN FOR TODAY.
SO, YOU KNOW, POSSIBLY, YEAH, I THINK THAT'S THE SCENARIO THAT'S ALWAYS, I'VE, I'VE HAD MY ALTERNATES VOTE COMPLETELY OPPOSITE DIRECTION.
I WOULD'VE GONE, BUT YOU KNOW, THAT'S, I DON'T TALK TO THE PARENTS.
AND I, AND WE, WE JUST HAVE TO TRUST THAT THEY'RE GOING TO DO THEIR HOMEWORK
[02:30:01]
AND DO THE, MAKE THE BEST CALL THAT THEY CAN.I WAS OUT OF TOWN AND I WATCH MY ALTERNATE AND I LOOK AT A CASE, AND TO ME, I WOULD, I WOULD SEE IT ONE WAY, BUT CLEARLY THEY DIDN'T AND THEY WENT THE OPPOSITE WAY.
SO I, I STILL THINK THAT, UH, WE HAVE A LOT OF GOOD, AND THANK YOU, BY THE WAY, FOR BEING HERE.
WE, WE DO HAVE A LOT OF GOOD QUALIFIED PEOPLE.
THIS BOARD IS REALLY STARTING TO DEVELOP, UH, BECAUSE WE'VE HAD SUCH A BIG CHANGE OVER, UH, IN THESE, IT'S IN THESE PAST COUPLE OF YEARS.
IT'S REALLY STARTING TO DEVELOP.
AND, AND BY THE WAY, I, I JUST MET YOU TONIGHT TO WELCOME ON BOARD.
UM, IT'S, UH, IT'S STARTING TO DEVELOP AND GET THEIR LEGS.
I KNOW IT'S ALWAYS IN, IT'S ALWAYS INTIMIDATING WHEN YOU FIRST GET IN HERE OR LIKE, WHAT HAPPENED TO ME.
AND THEN HE SAID, DO YOUR FINDINGS.
MICHAEL AND I HAD NO FRICKING IDEA WHAT THE, WHAT, WHAT FINDINGS WERE.
AND THE CHAIRMAN AT THE TIME JUST SORT OF RELISHED IN MY EMBARRASSMENT, BUT I, I, I WASHED, WALKED, UH, SWAM MY WAY THROUGH IT.
UM, CAN I INTERRUPT YOU REAL QUICK? YES.
DOES EVERYONE UNDERSTAND WHAT THE FINDINGS ARE? IT'S THOSE THREE THINGS LISTED ON THE APPLICATION.
JUST 'CAUSE IF YOU EVER MAKE A MOTION, IF YOU'RE THE MOTION MAKER, THAT'S YOUR JOB TO READ THE FINDINGS.
YOU CAN ABBREVIATE THEM, UH, IF THEY'RE LONG.
LIKE SOME WE LIKE, LIKE SOME PEOPLE MIGHT DO.
UM, AND, AND ALSO TOO, IF YOU, IF YOU WANNA STEP OUT THERE AND YOU'RE NOT, YOU'RE NOT FEELING OVERLY SURE YOU, YOU CAN, YOU CAN ASK FOR HELP AND WE'LL, WE'LL SUPPORT YOU AND, AND TRY TO, UM, HELP WITH FINDINGS.
OR IF THAT'S, YOU KNOW, THAT'S WHAT WE NEED TO DO.
IT'S JUST MORE AS A BOARD, THE BOARD DE DEVELOPS A PERSONALITY.
I MEAN, I'VE BEEN ON THE BOARD WITH A LOT OF DIFFERENT PEOPLE AND IT IS THE MIX THAT MAKES IT, IT IT IS.
I MEAN, IT'S JUST LIKE WE'VE HAD A GREEN COUNCIL, WE'VE HAD PRO DEVELOPMENT COUNCILS, WE'VE GOT, YOU KNOW, WHATEVER THIS COUNCIL IS, I MEAN, THINGS CHANGE.
BUT AS A GROUP WE DEVELOP OUR OWN KIND OF, AND, AND I DO THINK THAT THAT MAKES THINGS BETTER.
SO IF THERE'S SOMETHING THAT, I MEAN, JUST IN TRYING TO READ THE ROOM, ESPECIALLY WITH THE VIRTUAL EXPERIENCE, IT'S REALLY HARD TO READ THE ROOM.
'CAUSE WE'RE NOT TOGETHER, ALL OF US.
AND SO, YOU KNOW, YOU'RE TRYING TO FIGURE OUT WHETHER YOU'RE DOING A SERVICE TO THE, TO THE PERSON THAT'S HAD TO WAIT, YOU KNOW, WHATEVER, FOUR OR SIX WEEKS TO GET THERE.
AND THEY MAY HAVE A BIG PROBLEM AND THEY, AND IT, IT MAY BE, YOU KNOW, THEY'RE UPSIDE DOWN.
UM, I AM EXCITED THAT WE'VE GOT THE ASSISTANCE PROGRAM BECAUSE IT SEEMED LIKE WE, WE LOST REALLY OUR WAY IN TRULY TRYING TO HELP PEOPLE.
'CAUSE WE'RE REALLY HERE TO HELP THE CITIZENS.
AND IF, AND WE JUST WERE, YOU KNOW, BECOMING THE LAKE AUSTIN, UM, CASE BOARD, WHICH IS KIND OF BORING, COMPLICATED, AND BORING ALL AT THE SAME TIME.
AND THERE ARE A LOT OF OUR MATERIALS FROM, UH, PAST TRAININGS THAT MIGHT BE AVAILABLE.
UM, I'M SURE THATM ELAINE OR LONELY AND TALENTED, ELAINE COULD SEND OUT A LINK TO WHERE ALL THOSE MATERIALS ARE.
SOME OF THEM ARE LINKED IN THIS AGENDA SO THAT YOU COULD KIND OF, UM, SINCE THE PANDEMIC, I THINK THAT A COUPLE OF OUR TRAININGS WERE TELEVISED OR RECORDED.
I THINK SHE SENT THAT OUT, UH, MONTH, MONTH AND A HALF AGO, TWO MONTHS.
SO EVERYBODY SHOULD HAVE HOPEFULLY A COPY OF THAT, BUT YOU CAN ALWAYS ASK FOR IT IF YOU DON'T.
AND BOARD MEMBER BY NOLAN, DID YOU WANNA JUMP BACK IN AND FINISH UP WHERE YOU WERE GOING? PARDON? DID YOU WANNA JUMP BACK IN AND FINISH WHERE YOU WERE GOING BEFORE I COULD JUMP? OKAY.
YEAH, IT'S, IT IS REALLY GOOD TO, TO HAVE A LOT OF INTELLIGENT PEOPLE SERVING ON THE BOARD.
HISTORICALLY, IF PEOPLE ABSTAIN FROM VOTING, IF THEY LIVE NEAR A PROPERTY, BECAUSE GIVEN THAT IT'S, UH, LIKE LET'S SAY YOU HAD THREE BOARD MEMBERS LIVE ON THE SAME BLOCK AND THEN A CASE
[02:35:01]
COMES UP ON THAT BLOCK, IF THEY ALL ABSTAINED, THEN IT WOULD FAIL, WHICH WOULD BE SUBPAR.I I THINK MAYBE BECAUSE EACH BOARD MEMBER IS APPOINTED BY A DIFFERENT DISTRICT, THAT THAT'S PROBABLY, UH, AN A BIT OF A STRETCH TO, TO EXPECT TO HAPPEN.
UM, I THINK THERE, THERE HAVE BEEN BOARD MEMBERS BEFORE THERE HAVE BEEN NOTICED, UH, ABOUT I, I GUESS THE HYPOTHETICAL SIDE, DO PEOPLE TYPICALLY ABSTAIN IF THEY LIVED NEAR A PROPERTY? AND WHAT I SEE THIS ARE WE TALKING ABOUT IS HOW COMFORTABLE ARE HE, THEY ONLY WE HAD IN THE PAST AS A BOARD MEMBER ABSTAIN BECAUSE HE WAS ON AN HOA MM-HMM.
OF A, OF, YOU KNOW, OF A, OF A CASE THAT CAME BEFORE US THAT WAS IN HIS NEIGHBORHOOD AND HE WAS ON THE, ON THE HOA AND HE DID ABSTAIN.
SIMPLY LIVING DOWN THE BLOCK FROM SOMEBODY, I DON'T THINK IS REALLY CAUSE FOR YOU TO HAVE TO, UNLESS YOU JUST FEEL IT IN YOUR HEART GATE, YOU KNOW, OR AGAIN, YOU WANNA MAKE SURE THAT THERE'S NO PERCEPTION OF IMPROPRIETY.
THAT BY ALL MEANS, THAT'S IT, THAT'S YOUR PREROGATIVE.
BUT IF WE REALLY HAVEN'T HAD THAT, LIKE, UH, I SAID, I DON'T KNOW THIS 15, 16, I DON'T KNOW HOW, HOW LONG I'VE BEEN ON HERE NOW ANYMORE, BUT IT'S, IT'S, I DON'T THINK, I THINK IT'S ONLY BEEN A COUPLE OF TIMES.
I THINK IT'S ONLY BEEN A COUPLE OF TIMES, BUT IT'S BECAUSE THE BOARD MEMBER ACTUALLY SERVED ON THAT HOA WHERE THE PROPERTY WAS IN QUESTION.
I I THINK WHAT YOU'D NEED TO REALLY ASK YOURSELF IS, IS IT'S, IT'S A MATTER OF THE ETHICAL CONSIDERATIONS.
DOES IT MAKE YOU UNCOMFORTABLE? DOES IT, WOULD IT GIVE A A, AN IMPRESSION OF IMPROPRIETY? IS IT LOOK A LITTLE BIT SHADY? IF, IF YOU WERE TO PARTICIPATE ON A CASE, DO YOU HAVE A FINANCIAL INTEREST THAT MAYBE DOESN'T MEET THE RECUSAL BAR BUT STILL, YOU KNOW, MAYBE YOU SHOULDN'T PROBABLY VOTE ON THIS.
THEN AGAIN, IT'S, IT'S A PERSONAL CHOICE EACH BOARD MEMBER HAS TO MAKE.
UH, I I THINK MAYBE, UH, BECAUSE WE ARE ONE OF THE FEW SOVEREIGN BOARDS THAT WE'RE, WE'RE HELD TO A BIT OF A HIGHER STANDARD.
AND BECAUSE WE ARE ONLY APPEALABLE TO DISTRICT COURT, THE IMPORTANT PART TO REMEMBER IS THAT IF WE DO END UP WITH A CASE IN DISTRICT COURT, THEY'RE NOT GOING TO JUDGE, OR I WOULD SAY MOSTLY IN, IN THE PAST, THEY HAVEN'T JUDGED ON THE MERITS OF THE CASE AS MUCH AS HOW THE MEETING WAS RUN AND WHETHER OR NOT THE RULES OF PROCEDURE AND BYLAWS ARE FOLLOWED ALONG WITH, OF COURSE, THE ZONING LAWS WERE BEING ADHERED TO OR, OR GRANTED THE PROPER VARIANCE FROM.
BUT MOSTLY, AT LEAST FOR THE ABSTENTION PART, IT'S ABOUT ETHICS.
SO WHEN YOU GO TO SIGN IN, THERE'S A PIECE OF PAPER THAT GOES WITH THE SIGN IN THAT TALKS ABOUT RECUSAL.
AND IF YOU HAVE TO RECUSE, THERE'S A FORM YOU HAVE TO FILL OUT, GET NOTARIZED AND GET IT TO THE CLERK'S OFFICE.
SINCE YOU GOT YOUR PACKET ON FRIDAY, IT'S DUE, YOU HAVE TO GET IT THERE BEFORE OR FIVE ON MONDAY.
UM, JUST IN CASE YOU NEEDED TO KNOW THAT.
SO, UM, I HAVE PROBABLY, BESIDES MICHAEL, I HAD TAKEN THE TRAINING, UH, MORE THAN ANY HUMAN POSSIBLE.
UM, AND I'VE BEEN ON OTHER BOARDS AND MY TRAINING WAS ALWAYS DONE BY LEGAL.
AND SO I THINK MY FAVORITE PERSON, NO OFFENSE, ERICA OR ANYTHING, OR CITY CLERK'S OFFICE WAS ACTUALLY MARTY TERRY AND MARTY TERRY WOULD SAY, IF IT WERE IN THE PAPER, WOULD YOU FEEL UNCOMFORTABLE HAVING TO EXPLAIN YOURSELF? SO, I MEAN, REALLY IT'S, IT'S WHETHER SHE WOULD JUST SAY YOU HAVE A GUT CHECK.
I MEAN, I WORK IN THE CONSTRUCTION BUSINESS.
I PROBABLY HAVE MORE INFORMATION ON A LOT OF PROPERTY JUST BECAUSE I MAY HAVE TOUCHED IT 10, 15 YEARS AGO.
DOES THAT MEAN I CAN'T VOTE ON IT? NO.
UM, I, IF I DON'T HAVE ANY FINANCIAL INTEREST IN IT, IT'S BEEN, YOU KNOW, OVER X PERIOD OF TIME, UM, IT DOESN'T MEET THE CRITERIA.
I TYPICALLY, I TYPICALLY WILL PARTICIPATE IN SOMETHING IF IT'S SOMETHING I FEEL WEIRD ABOUT, I'LL SAY IT AND I'LL SAY IT IN ADVANCE, AND THEN I DON'T PARTICIPATE IN THE CASE AT ALL.
I JUST, I LEAVE THE DA OR TURN OFF THE SCREEN OR HOWEVER THAT WORKS.
SO YOU, I THINK YOU CAN ONLY ANSWER IT FOR YOURSELF.
UM, BUT KEEP IN MIND, AT THIS POINT, WE HAVE ONE ALTERNATE FOR 11 PEOPLE.
AND, UH, YOU KNOW, IT'S IN ORDER FOR THE CITIZENS TO GET HURT, WE, WE GOTTA BE PRESENT.
[02:40:01]
BE REALLY NICE, UM, MR. MAYOR, IF YOU COULD GIVE US ANOTHER TWO ALTERNATES SO THAT, YOU KNOW, IN THE LAND OF EVERYBODY BEING SICK AND, UH, GIVING EACH OTHER GERMS AND VACATIONS AND BABIES AND OTHER THINGS, YOU KNOW, THAT WE COULD, WE COULD HAVE A LITTLE MORE FILL IN.BUT, UH, THAT'S NOT WHERE WE ARE RIGHT NOW.
AND TRUMAN IS TIRED OF THIS NOW.
TRUMAN HAS BEEN OVER AND, UH, AND DOING THE LEAKY LEAKY.
SO I I I'M GONNA HAVE TO BUG OUT PRETTY SOON.
AND HUMOROUSLY ENOUGH, THE AUSTIN TEXAS.GOV WEBSITE IS DOWN.
AND THIS, THIS WAS THE LAST ITEM.
SO, UH, BOARD MEMBER VINCENT, CAN YOU GIMME THAT NUMBER FOR THE BYLAW? WAS IT, YOU SAID IT WAS SEVEN FII CLOSED IT ALREADY.
WELL I THINK THAT WAS THE LAST ITEM ON THE, UH, AGENDA THERE.
THAT IS, IT'S NOT THE, THE LAST MADAM CHAIR.
IT, IT WAS ARTICLE SEVEN ITEM OR F YEAH, SEVEN F OKAY.
JUST 'CAUSE I WANNA GO BACK AND REVIEW THAT ONE.
ARE THERE ANY OTHER, I I GOT YOU IF YOU WANT IT.
THE, SHE'S TALKING ABOUT THE, SORRY, SECTION I WAS TALKING ABOUT.
UH, IT'S UH, ARTICLE FIVE, SECTION F, SUBSECTION THREE, UH, B IS THAT IN THE, WHAT WAS THE PROCEDURE? PAGE 14? YEAH, SORRY, PAGE 14 OF THE RULES OF PROCEDURE.
OKAY, ARE THERE ANY OTHER QUESTIONS, COMMENTS, HYPOTHETICALS ABOUT VOTING AND ATTENDANCE AND OUR PURPOSE AS THE BOARD OF ADJUSTMENT? NO.
THANK Y'ALL, EVERYONE FOR THAT DISCUSSION.
[11. Discussion and possible action regarding the Board’s Annual Internal Review Report (July 1, 2023-June 30, 2024) to Council]
ITEM 11, UH, DISCUSSION AND POSSIBLE ACTION REGARDING THE BOARD'S ANNUAL INTERNAL REVIEW REPORT.I WILL HAVE IT DONE BEFORE THE JULY 30TH DEADLINE AND WE CAN DISCUSS IT NEXT MONTH.
SO WE'LL JUST TABLE THIS TO NEXT MONTH, PLEASE.
ANY FUTURE AGENDA ITEMS OR ANNOUNCEMENTS? ALRIGHT, IT IS 8:48 PM IS THERE DAYLIGHT LEFT? 'CAUSE THAT WOULD BE AWESOME.
I HEREBY CALL THIS MEETING ADJOURNED.