Dec 09, 2024 Board of Adjustment

YOU'VE ALREADY REQUESTED.

SO AS MANY OF YOU COULD SEE HERE, WE HAVE NINE BOARD MEMBERS TONIGHT.

FOR ANY CASE REQUIRING A SUPER MAJORITY, WE REQUIRE ALL NINE BOARD MEMBERS TO VOTE YES.

TRADITIONALLY, WHEN THIS HAS HAPPENED, I LIKE TO GIVE FOLKS THE OPTION TO POSTPONE THEIR KEYS TO THE NEXT MONTH IF THEY WANT TO.

IF THEY DON'T WANNA RISK, UH, ONE NO.

BECAUSE IF ONE BOARD MEMBER VOTES NO, YOUR VARIANCE IS DENIED.

UH, IF YOU'RE HERE WITH A FULL BOARD WHERE WE HAVE ALL 11 MEMBERS, YOU HAVE TWO BOARD MEMBERS OF WIGGLE ROOM.

SO WOULD ANYONE LIKE TO POSTPONE THEIR KEYS TO JANUARY? I'VE ALREADY REQUESTED.

SO ANYONE ELSE? OKAY, SO, UH, ELAINE HAS SOME POSTPONEMENTS.

YEAH, I'VE GOT IT.

JUST SOME QUICK HOUSEKEEPING NOTES.

PLEASE TURN OFF YOUR CELL PHONES OR PUT THEM ON VIBRATE.

AFTER YOUR CASE IS OVER, PLEASE TAKE YOUR DISCUSSION OUT TO THE LOBBY.

IF YOU HAVE QUESTIONS, YOU CAN EMAIL THE BOARD LIAISON TOMORROW OR CALL HER.

IT'S ELAINE.

UH, HER NUMBER'S ON THE WEBSITE, AUSTIN TEXAS.GOV.

FORWARD SLASH BA.

UH, WHEN YOU'RE ADDRESSING THE BOARD, SPEAK DIRECTLY TO THE BOARD IF THERE'S ANY OPPOSITION, DO NOT SPEAK TO EACH OTHER.

ONLY SPEAK TO THE BOARD, JUST LIKE A COURTROOM.

UH, WE'RE GONNA TAKE A BREAK TONIGHT ABOUT EIGHT O'CLOCK FOR ABOUT 15 OR 20 MINUTES.

'CAUSE WE'VE GOT A PRETTY FULL CASE LOAD AND, UH, PARKING TICKETS.

SO WHEN YOU WALKED IN BY THE FRONT DOOR, THERE'S THESE LITTLE SLIPS OF PAPER WITH A QR CODE ON THEM.

WHEN YOU CAME INTO THE GARAGE.

IT SHOULD HAVE PRINTED YOU A TICKET WITH A QR CODE.

WHEN YOU GO OUT, YOU SCAN YOUR TICKET FIRST, AND THEN YOU SCAN THIS LITTLE SLIP AND YOUR PARKING WILL BE VALIDATED.

IF I COULD HAVE EVERYONE WHO IS GOING TO BE GIVING TESTIMONY TONIGHT, THAT'S ANYBODY WHO'S GOING TO BE SPEAKING BEFORE THE BOARD TO PLEASE STAND AND GIVE.

I'M GONNA HAVE YOU TAKE YOUR OATH OF AFFIRMATION.

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

ITEM ONE, APPROVAL OF THE MINUTES FOR THE BOARD OF ADJUSTMENT SPECIAL CALLED MEETING ON NOVEMBER 14TH, 2024.

LET'S START WITH

[APPROVAL OF MINUTES]

SO MOVED.

SECOND.

I GOT A MOTION TO APPROVE MADE BY BOARD MEMBER V OLAND.

SECONDED BY VICE CHAIR HAWTHORNE.

LET'S GO AHEAD AND TAKE THE VOTE.

MICHAEL VAN OLIN? YES.

AL YES.

THAT'S APPROVED.

MADAM, MADAM CHAIR, BEFORE YOU CALL THE FIRST CASE, CAN WE DO THE POSTPONEMENTS NOW THAT IT'S NOT AN AGENDA ITEM? IT MAKES IT A LITTLE DIFFICULT.

I I GOT THIS.

YOU GOT IT.

WELL YOU MAY HAVE IT IN A MINUTE, .

UH, SO CLEARLY, I'M SURE Y'ALL CAN HEAR THAT I'M JUST GETTING OVER BEING SICK AND MY VOICE IS GETTING A LITTLE ROUGH.

SO I MAY HAVE THE VICE CHAIR TAKE OVER THE MEETING FOR A LITTLE BIT AFTER A COUPLE CASES IF IT STARTS TO GIVE OUT ON ME.

[00:05:01]

SIGNED VARIANCE CASES THAT AREN'T CONTESTED, THAT HAVE REQUESTED POSTPONEMENTS.

SO LET'S START WITH, WE HAVE TWO

[Items 7 & 8]

THAT IS GOING TO BE WHERE? PAGE TWO C 16 20 24 0 0 0 2.

WAIT, UH, MICHAEL WHALEN.

1, 2 2 2 1.

NORTH MOPAC AND C 16 20 24 0 0 0 1.

MICHAEL EVERETT FOR ROWDY DURHAM.

63 20 ED BLUESTEIN BOULEVARD SOUTHBOUND.

AND THIS WILL BE, UH, TO POSTPONE TO JANUARY.

DO YOU GIMME THE LINE? JANUARY 13TH.

JANUARY 13TH.

SO DO YOU HAVE A MOTION? SO MOVED.

I WON'T BE PARTICIPATING ON THE 1 2 2 1 NORTH MOPAC.

BUT I'LL VOTE ON THE OTHER ONE.

SO THIS IS A MOTION TO POSTPONE TO JANUARY 13TH, 2025, MADE BY BOARD MEMBER BOWEN SECONDED BY BOARD MEMBER OLIN.

AND LET'S CALL THE VOTES.

JESSICA COHEN.

MELISSA HAWTHORNE? YES.

ON THE ONE? YES.

ON ONE, BUT ABSTAINING FROM TWO.

YEP.

WHICH IS LITERALLY ONE AND TWO.

THE CASE NUMBER .

ISN'T THAT FUNNY? UH, YOUNG .

MICHAEL VAN OLAN? YES.

AL YES.

THOSE TWO CASES ARE POSTPONED TO JULY 3RD OR TO JANUARY 13TH.

THAT HAVE REQUESTED POSTPONEMENT.

WE HAVE TWO MORE CASES

[Items 3 & 4]

ELAINE, WHAT WAS THE FIRST ONE? IT'S IN THE PREVIOUS ONE.

UM, THE FIRST ONE IS ITEM THREE C 15 DASH 2024 DASH 0 0 3 1 26 15 AND A HALF HILLVIEW ROAD.

THE APPLICANT IS REQUESTING A POSTPONEMENT TILL THE JANUARY 13TH, 2025 MEETING.

SO IS THERE ANY OPPOSITION TO THIS POSTPONEMENT OR DISCUSSION REQUESTED? NO.

AND WHAT WAS THE OTHER ONE? AND THE SECOND ONE IS ITEM FOUR C 15 DASH 2024 DASH 0 0 4 0 600 CUMBERLAND ROAD 26 10 AND 26 12 SOUTH FIRST STREET.

UM, THE NEIGHBORHOOD IS REQUESTING A POSTPONEMENT.

UH, GINA IS REQUESTING A POSTPONEMENT TILL JANUARY 13TH, 2025.

IS THERE ANY OPPOSITION TO THIS POSTPONEMENT? I CAN'T FOLLOW MY OWN RULES.

SORRY.

MY CHILD.

MADAM CHAIR.

MADAM CHAIR TOMMY YATES IS, UH, ON, OKAY, I'M GONNA GO AHEAD AND RECOGNIZE THAT TOMMY YATES HAS JOINED US ON THE DIOCESE VIRTUALLY.

SO THAT PUTS US AT 10.

SO FOR ITEMS THREE AND FOUR, THIS IS TO POSTPONE TO JANUARY 13TH, 2025.

MOTION TO POSTPONE.

DID YOU NEED THAT? YES.

DID YOU NEED A SECOND? YEP.

SECOND.

SO AGAIN, MOTION, OR THIS IS A MOTION TO POSTPONE TO JANUARY 13TH, 2025, MADE BY VICE CHAIR HAL LAUREN.

SECONDED BY BOARD MEMBER BONIN.

[00:10:01]

AND JESSICA COHEN? YES.

AND TOMMY S YES.

THOSE ITEMS ARE POSTPONED.

LET'S START WITH ITEM

[2. C15-2024-0028 Haim Joseph Mahlof for Wendy Jo Peterson 1406 S 3rd Street]

TWO C 15 20 24 0 0 2 8.

HIM, JOSEPH MALOFF FOR WENDY JOE PETERSON, 1 4 0 6 SOUTH THIRD STREET.

IF I COULD GET YOU TO COME UP TO THE DAIS, WE'LL PULL UP YOUR PRESENTATION, UH, TO THE PODIUM HERE.

I SAID, AND GIVE US A SECOND WHILE WE GET YOUR PRESENTATION PULLED UP.

PLEASE, UH, STATE YOUR NAME FOR THE RECORD.

YOU'LL HAVE FIVE MINUTES TO SPEAK.

WHEN YOU WANNA GO TO THE NEXT SLIDE, JUST SAY NEXT SLIDE.

HI, MY NAME IS, UH, JOSEPH MALO.

UM, HERE, I'M HERE TODAY TO GO OVER OUR, UH, PROJECT THAT WE'RE DOING ON SOUTH THIRD TREE.

WE CAN GO ON TO THE NEXT.

SO I'LL WALK YOU THROUGH THIS PRESENTATION, UM, THROUGH THE PROJECT THAT WE'RE ACTUALLY THINKING TO PERFORM.

THE PROJECT IS PRETTY MUCH GONNA BE, UH, 10 FOOT EXTENSION FROM THE SECOND STORY WE CAN PASS ON TO THE SECOND NEXT SLIDE.

SO, A FEW, UH, DETAILS ABOUT THE HOUSE.

THE CURRENTLY THE HOUSE IS STANDING AT 16, UH, 1600 SQUARE FOOT ON A LOT SIZE OF ABOUT 2200 SQUARE FOOT.

UM, THE EXISTING HOUSE INCLUDES TWO BEDROOM, TWO AND A HALF BATHROOMS AND, AND A CARDBOARD.

AND, AND LACKS REALLY A MAIN COMMON AREA FOR THE HOMEOWNER TO BE ABLE TO INVITE GUESTS.

OUR PLAN IS TO TRY TO PRESERVE AS MUCH AS THE HOUSE AND HISTORY OF THE HOUSE AS POSSIBLE AND TRY TO OVERCOME THE CHALLENGES OF WORKING WITH A SMALLER LOT.

OUR GOAL IS TO PRETTY MUCH HAVE A MORE, UH, FUNCTIONAL OUTDOOR SPACE FOR THE HOMEOWNER.

SO, REPEATING THE SAME THING.

UM, PRETTY MUCH THE HOMEOWNER IS, UM, CURRENTLY LIVING OUT OF STATE.

SHE'S A MILITARY FAMILY.

UM, PLANNING ON MOVING BACK HERE TO AUSTIN.

UM, ONCE THIS, HOPEFULLY THIS CONSTRUCTION CAN GET DONE.

UM, REALLY AGAIN, GOAL BEING TO MAKE IT MORE FUNCTIONAL AND MORE USABLE.

BACKYARD, UH, FRONT YARD.

NEXT PRESENTATION.

SO HERE WE CREATED A, A 3D MOCKUP OF THE, UH, PROJECT WE'RE, WE'RE PLANNING ON PERFORMING.

WHAT YOU CAN SEE IS, UM, WE CURRENTLY HAVE A WINDOW WHERE THEIR CURRENT SLIDER DOOR IS.

WE PLAN ON CONVERTING THAT WINDOW TO A SLIDING DOOR AND PRETTY MUCH ADDING THE SECOND STORY DECK.

UM, THE THING THAT I WANTED TO POINT OUT IN THIS PICTURE IS THAT THE DECK IS ACTUALLY INSIDE.

UM, THE CURRENT FENCE THAT YOU CAN SEE IN THE RENDERING IS ACTUALLY EXISTING.

SO WE DON'T WANNA PULL ANY FURTHER THAN THE EXISTING FRONT PORCH.

SO EVERYTHING IS STILL INSIDE THE, THE FRONT YARD.

UM, DIFFERENT PERSPECTIVE OF THIS, UH, DECK.

UM, IF YOU LOOK ON THE HOUSE ON THE LEFT, YOU'LL ALSO NOTICE THAT THEY CURRENTLY HAVE A DECK AS THERE AS WELL.

UM, AGAIN, UM, MAIN THING POINTING OUT IN THE PICTURE IS HOW FAR THE HOUSES ACTUALLY IS FROM THE STREET LINE, UM, AND THAT THE DECK IS STILL WITHIN THE EXISTING PERIMETER OF THE ACTUAL FRONT PORCH.

YOU CAN NOTICE HOW CLOSE THAT PROPERTY IS TO THE ACTUAL FRONT OF THE HOUSE.

UM, SO THE PROJECT VARIANT IS FOR THE SECOND STORY DECK.

THE SECOND STORY DECK THAT WE'RE PLANNING ON ADDING ON IS 350 SQUARE FOOT.

UM, SO OUR GOAL, OUR ADDITION IS TO EXTEND BEYOND THE 15 FOOT FRONT SETBACK, BUILDING SETBACK BY APPROXIMATELY 3.6 FOOT THREE AND A HALF FOOT.

NEXT SLIDE, .

SO HERE I'M BASICALLY SHOWING YOU JUST AERIAL FOOTAGE OF THE EXISTING PROPERTIES.

UM, THE ONE MARKED OBVIOUSLY IN BLUE IS OUR CURRENT PROPERTY.

AND THE ONE ON THE LEFT, RIGHT, UH, LEFT HAND SIDE, YOU'LL NOTICE 14 0 4, UM, UH, SOUTH THIRD STREET.

UM,

[00:15:01]

NEXT SLIDE HERE.

WE CREATED, UM, UH, SETBACK AVERAGING TO REFLECT, UM, HOW CLOSE THE PROPERTIES ON THE NEIGHBORING ARE AS WELL.

AND SHOWING OUR FRONT SETBACK, UM, BASICALLY INDICATING 20 FOOT 0.5 INCHES FROM THE FRONT.

OUR DECK IS, UM, GONNA BE 10 FOOT EXTENDING OUT, LEAVING US WITH ONLY A 10.5 FOOT, UM, FRONT SETBACK.

UM, A NOTE TO ADD TO THIS, THAT THE DECK THAT WE'LL BE ADDING ON WILL ACTUALLY LINE UP WITH THE EXISTING PROPERTY ON FACING ELIZABETH STREET.

SO THAT'S THE ONE ON 14 0 3, UM, FACING SOUTH THIRD STREET.

SO WE'RE ACTUALLY LINING UP PERFECTLY WITH THE SIDE HOUSE.

SO, UM, THE CURRENT, AGAIN, DECK VARIANT, WHAT WE'RE BASICALLY RUNNING FOR.

UM, SEE IF THERE'S ANY OTHER NOTE LOOKING AT THE PROPERTY.

UM, GOING, UH, THINKING THROUGH WITH MY ARCHITECT AND WITH THE HOMEOWNER TRYING TO COME UP WITH CREATIVE DESIGNS AND ALTERNATIVE IDEAS FOR THIS PROJECT WAS A BIT CHALLENGING DUE TO, UH, THE LOT BEING SO, UM, SO TINY COMPARED TO THE HOUSE.

SO OUR GOAL WAS TO DO THAT.

BUT I THINK THAT'S PRETTY MUCH IT.

IS THERE ANY OPPOSITION? SEEING NONE.

LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.

OPEN IT UP TO QUESTIONS TO BOARD MEMBERS, BOARD MEMBER BOWEN.

UM, YOU'VE GOT HERE IN YOUR HARDSHIP THAT IT'S UNIQUE PROPERTY.

I, I REALLY AM HAVING A HARD TIME SEEING WHAT'S SO UNIQUE BASED UPON EVERYTHING ELSE THAT'S AROUND.

SO I'M, I'M HAVING A HARD TIME UNDERSTANDING WHAT THE REAL HARDSHIP IS ON THIS.

UH, YEAH, JUST 'CAUSE YOU WANT TO ADD A DECK ONTO THE FRONT.

UM, JUST, YEAH, I'M HAVING SOME ISSUES WITH THIS.

UM, THAT WASN'T A QUESTION, WAS THIS STATEMENT.

ALSO YOU HAVE DOWN HERE ON, ON HARDSHIP, UNDER B IT SAYS, UM, BECAUSE OUR HOUSE IS, IS SET BACK MUCH FARTHER TO THE BACK COMPARED TO THE OTHER PROPERTIES IN THE AREA.

I'M HAVING A HARD TIME SEEING THAT.

CAN YOU EXPLAIN TO ME WHAT, WHERE, WHERE THAT DIFFERENCE IS? 'CAUSE WHEN I LOOK AT IT ON A GOOGLE MAP AND LOOK AT SOME OF THE OTHERS, I'M NOT SEEING WHERE THIS IS ACTUALLY, YES.

I'M HAVING A HARD TIME DEALING WITH THIS ENTIRE PROCESS HERE.

SO CAN YOU EXPLAIN TO ME WHY WE'RE YES.

HOW FAR BACK IT IS VERSUS THE OTHER PROPERTIES? UNFORTUNATELY, A BOARD MEMBER, I DON'T HAVE OFF THE TOP OF MY HEAD.

I SHOULD HAVE CAME WITH THAT, THE EXACT SIZE OF HOW FAR THE, THE ACTUAL LOT IS STARTING FROM THE ACTUAL STREET.

UM, I BELIEVE MY PREVIOUS MEASUREMENT WAS I MEASURED ABOUT EIGHT OR 10 FOOT ACTUALLY.

SO THE LOT IS STARTING FURTHER IN AND THAT'S WHAT I'M REFERRING TO IN THAT I CAN, UM, SEND BACK THE SPECIFIC ON THE DOT MEASUREMENT, BUT THAT'S WHAT I'M REFERRING TO.

AND I GOT ONE LAST QUESTION.

YOU REFERRED TO THE HISTORY OF THE HOUSE.

UM, WHAT IS THAT HISTORY THAT YOU'RE REFERRING TO? UM, JUST AN OLDER HOUSE.

JUST AN OLDER HOUSE BEING THERE.

WE DON'T WANNA OBVIOUSLY MODIFY IT OR CHANGE ANY OF THE EXISTING HOUSE.

AND YES, THAT'S WHAT I'M REFERRING TO.

PRETTY MUCH THE ONLY WAY TO GET A MORE FUNCTIONAL, THE REASON I'M SPECIFYING THAT IS THE ONLY WAY IN MY EYES TO GET A MORE FUNCTIONAL, UM, OUTDOOR LIVABLE SPACE WOULD BE TO DEMOLISH THE HOUSE AND BRING IT UP TO STANDARDS SO WE CAN ACTUALLY MAKE A BACKYARD USABLE.

UM, I DUNNO IF THAT ANSWERS.

SO IT'S, IT'S NOT UP TO, IT'S NOT UP TO STANDARDS.

UM, YES, THE LOT IS, UM, THE HOUSE IS 1600 SQUARE FOOT ON A LOT.

THAT'S ONLY 2200 SQUARE FOOT.

SO IT DID NOT MEET ANY, UM, UH, IN PREVIOUS COVERAGE.

IT DOES NOT MEET, UM, THE ACTUAL SIZE OF THE HOUSE IS ACTUALLY TOO BIG FOR THE LOT.

WHEN WAS THIS BUILT? UM, I NEED TO LOOK, GIVE YOU THE EXACT EXACT ONE.

I BELIEVE THIS IS, YOU CAN CHECK TCAD REAL QUICK.

[00:20:02]

OTHER QUESTIONS? MADAM CHAIR? I HAVE A QUESTION.

BOARD MEMBER VANEL, YOU MENTIONED, UH, UH, YOU MENTIONED THE ACTUAL, UM, SETBACK USING, UH, UH, THE, A SETBACK AVERAGING.

YOU DID THAT, IS THAT CORRECT? AND THAT WOULD TO USE YOUR, TO USE THE, UH, TO USE THE SETBACK AVERAGING TO DETERMINE HOW MUCH YOU NEED, THAT WOULD GIVE YOU A 10 FOOT, 10 POINT 10 AND A HALF FOOT LIST.

JUST ROUNDED 10 AND A HALF FOOT DECK.

BUT YOU WANT A 20 FOOT NO.

THEN PLEASE EXPLAIN THAT.

SO THE REASON WE INITIALLY CREATED THE SET BOOK SETBACK AVERAGING IS IT, THE HOUSE ON THE RIGHT HAND ARE VERY, VERY CLOSE TO THE FRONT AS YOU CAN SEE ON THE PRESENTATION.

AND, UM, WE INITIALLY THOUGHT WE CAN CREATE A SETBACK AVERAGING, BUT THOSE HOUSES THAT ARE FACING 14 ZERO, UH, FACING SOUTH THIRD STREET ARE ACTUALLY TECHNICALLY ADUS.

SO THEY FALL UNDER A SIDE SETBACK, UM, REGULATION.

SO WE COULDN'T USE THEM FOR A SETBACK AVERAGING, IF WE WERE ABLE TO USE THEM FOR A SETBACK AVERAGING, WE WOULDN'T ACTUALLY EVEN NEED ANY TYPE OF VARIANT.

UM, BY CODE YOU HAVE TO USE THE FRONT OF THE LOT FROM ELIZABETH.

UM, SO OUR CURRENT SETBACK IS, WE CURRENTLY HAVE 20 FOOT FROM THE HOUSE TO THE FRONT.

OUR DECK IS 10 FOOT, SO WE'RE ONLY LEAVING 10 FOOT FIVE INCHES OF SETBACK.

APPROXIMATELY AN IN HERE FROM THE CURB OF SETBACK OR FROM THE CURB, FROM THE SETBACK FROM, WE HAVE 20 FOOT TO THE SETBACK.

I'M BUILDING 10 FOOT INTO IT.

SO I'M BASICALLY TAKING FOUR, FOUR FOOT APPROXIMATELY INTO THAT, INTO THE, INTO THE 15 FOOT THAT'S SUPPOSED TO BE.

SO I'M BUILDING, I'M BUILDING ABOUT FOUR AND A HALF FOOT INTO THAT SETBACK.

THAT'S SUPPOSED TO BE 15.

SO THIS HOUSE WAS BUILT IN 2008.

YEP.

ON A SMALL LOT.

REALLY SMALL LOT.

THAT'S WHAT, THAT'S WHERE I'M HAVING A LITTLE BIT OF A HARD TIME BECAUSE I'M WITH COMMISSIONER BOWEN.

NUMBER ONE, IT'S A STANDARD RECTANGULAR LOT.

SO THE CONFIGURATION OF THE LOT IS NOT AN ISSUE.

THAT'S NOT A, SO THAT HARDSHIP GOES AWAY.

THE OTHER ISSUE THAT, THAT I'M ALSO FINDING IS THAT THE, IN THE HARDSHIP, IT MENTIONS THE SIZE OF THE LOT AND THE SIZE OF THE LOT HAS NEVER BEEN A HARDSHIP EITHER.

AND SO, I'M SORRY, BUT WHAT I'M SEEING HERE IS I'M SEEING AS, UH, A PREVIOUS COMMISSIONER USED TO SEE 10 POUNDS AND A FIVE POUND BAG.

BACK IN 2008.

SOMEBODY MAXED OUT ALL THE SPACE HE POSSIBLY COULD ON THIS LOT, AND NOW YOU'VE GOT NO, YOU KNOW, BUT YOUR HARDSHIPS NOT GETTING THERE.

AND I WISH I COULD HELP YOU, BUT IT'S STILL, UH, THE HARDSHIP, NOT, NOT JUST NOT GETTING YOU THERE.

I'M LOOKING AT TCAT AND I'M SEEING TWO PORCHES AND UNCOVERED DECK AND THIS, SO THIS WOULD BE AN ADDITIONAL DECK.

THERE'S CURRENTLY NO DECK OVER THERE, SO WE'RE ADDING IT FROM ZERO.

WHAT'S ON THE BACK? ? WHAT'S ON THE BACK? WHAT'S ON THE BACK OF THE PROPERTY? MM-HMM .

UM, JUST OF THE BUILDING OF THE HOUSE GRASS.

VERY LITTLE A WALKING PATH AROUND THIS.

THERE'S, THERE LOOKS LIKE ON THE SURVEY THAT THERE MAY BE A DECK THERE, NO, NO DECK.

AND THEN THERE'S THE FRONT COURTYARD AREA THAT'S ALREADY THERE.

AND THEN THE FIRST FLOOR HAS A LIVING ROOM ON IT.

JESUS, THAT'S SMALL.

UM, MADAM CHAIR, I'M LOOKING AT THE SATELLITE VIEW.

THIS, THAT IT COVERS BASICALLY THE WHOLE LOT.

I DON'T SEE A DECK.

THEY GOT SOLAR.

AND YOU'D BE BUILDING THIS WHICH SIDE?

[00:25:01]

THE FRONT, FRONT SIDE.

THAT'S THE EAST OUT OVER THE DRIVEWAY OR WHERE WAS THAT? CORRECT.

UH, I, I HAVE A QUESTION JUST TO, TO FOLLOW UP ON THE BACK.

UH, GO AHEAD.

BOARD MEMBER VAN Z.

UM, SO, OH, SORRY.

I JUST WANNA BE CLEAR.

THE BACK OF THE HOUSE BACKS UP BASICALLY TO THE END OF THE LOT.

AND SO THERE'S, IS THERE LIKE, THERE'S NOTHING REALLY BEHIND IT.

NO ROOM FOR ANYTHING BEHIND IT.

LOOKING AT SATELLITE, IT LOOKS LIKE A COUPLE PEOPLE'S WIDTH.

LIKE MAYBE, I'M NOT SURE IF THE LOTS WERE DIVIDED AT SOME POINT OR AS CLOSE AS THOSE TWO BUILDINGS ARE TO EACH OTHER.

THAT WOULDN'T SURPRISE ME.

QUESTIONS, OTHER QUESTIONS? I HAVE A QUESTION.

UM, I GUESS I COULD USE SOME HELP WITH CLARITY ON THE SETBACK AVERAGING, UM, REFERENCING THE BOWLING CREEK NEIGHBORHOOD ASSOCIATION DOCUMENT OR THERE, UM, NOTING THAT THEY MET WITH THE APPLICANT IN OCTOBER AND UM, THEY SAID THAT THEY, THEY SUPPORT THE CASE IF SETBACK AVERAGING IS USED TO ACCOMPLISH THE, YOU KNOW, THE ASK HERE.

UM, BUT WHEN, WHEN WE ASKED ABOUT IT ORIGINALLY, I, I THINK THERE'S STILL SOME CONFUSION ON THE SETBACK AVERAGING, AT LEAST I'M STILL CONFUSED ON.

I THINK THAT, SO IF YOU LOOK AT THE SETBACK AVERAGING THAT, UH, THERE'S ONLY ONE HOUSE THAT'S ADJACENT AND YOU CAN ONLY TAKE IT IN THE BLOCK AND THE OTHER HOUSES ARE ON ELIZABETH AND THEY HAVE A SECONDARY UNIT BEHIND THEM AND THEY HAVE A DIFFERENT SETBACK 'CAUSE IT'S A SIDE YARD SETBACK, NOT A FRONT YARD SETBACK.

AND THEY'RE ALSO LARGER LOTS.

SO THIS IS KIND OF LIKE A SMALL LOT AMNESTY LOT.

SO THEY MAXED OUT THE SMALL LOT AMNESTY LOT AND NOW WANT MORE.

WHICH I THINK MY CONCERN IS, IS, OKAY, IF WE'RE GONNA HOME AND WE'RE GONNA HOME ONE HOME TWO AND WE'RE GONNA PUT ALL THIS STUFF OUT THERE, HERE'S YOUR FIRST, IT'S NEVER ENOUGH.

I MEAN, IF, YOU KNOW, HAVING THESE TINY HOUSES AVAILABLE OR A MODERATE SIZE HOUSE AVAILABLE, I MEAN, SO I'M ONLY TO GO WITH THE FLOW OF WHAT EVERYBODY ELSE FEELS, BUT I I'M, I'M MORE INCLINED TO A NO, I DON'T KNOW IF THAT NECESSARILY ANSWERED YOUR QUESTION FOR ME IT'S MORE, THIS IS A MAXED OUT IC HOUSE THAT WAS BUILT LITERALLY TO THE LIMIT FOR 60% OR 6 65 FOR A MILLENNIUM MISSING.

JUST NO ROOM LEFT TO BUILD MM-HMM .

AND THEN, YOU KNOW, OWNER COMES IN LATER NOT REALIZING THAT, YOU KNOW, THERE'S NOWHERE ELSE TO BUILD AND WANTS TO BUILD.

AND THEN LIKE HOW MUCH DO WE GIVE AFTER THAT? SO I MEAN, YEAH, THAT ANSWERS MY, UM, YEAH, IT HAS COURTYARD, IT HAS A LIVING ROOM.

MADAM CHAIR.

I CAN COUNT THE PRETTY GOOD AND UH, MY EXPERIENCE TELLS ME WHERE THIS IS THE DIRECTION IT'S GOING.

YOU'RE A NICE GUY.

YOU LOOK LIKE YOU REALLY TRIED TO DO YOUR HOMEWORK AND YOU MET WITH THE NEIGHBORHOOD ASSOCIATION AND EVERYTHING.

BUT I'M GONNA HAVE TO MAKE A MOTION TO DENY 'CAUSE I DON'T, I DON'T SEE HIM HAVING THE VOTES HERE TO MAKE IT AND I REALLY CAN'T SUPPORT THE HARDSHIPS AS THEY ARE.

AND I'LL SECOND THAT.

SO THAT'S, UH, A MOTION TO DENY MADE BY BOARD MEMBER V OLAND SECONDED BY BOARD MEMBER BOWEN.

AND I MADE AN EFFORT TO TRY TO MAKE THE BOARD GUIDE THE BOARD TO BE A LITTLE MORE OF A YES BOARD THAN A NO BOARD.

AND JUST SIMPLY BECAUSE IT'S MORE POSITIVE, I'M GONNA MAKE A SUBSTITUTE MOTION FOR MOTION TO APPROVE, EVEN THOUGH I'M, I'M NOT GOING TO VOTE FOR IT, BUT IF WE GET TWO DENIALS, IT'S GOING TO FAIL.

BUT I WOULD RATHER HAVE A MOTION TO APPROVE THAN A MOTION TO DENY IF SOMEONE WOULD BE WILLING TO SECOND

[00:30:02]

TELL, OKAY, SO THIS IS A WHY YOU HAVE TO MAKE FINDINGS.

ALRIGHT.

IN YOUR KIND OPTIMISTIC ORDER.

I'M OKAY WITH IT.

I'LL TAKE IT.

LET ME, , I'LL DO IT FOR YOU SINCE YOU HAVE NO VOICE IF YOU WANT.

SEE, YOU'RE SO NICE.

EVEN THOUGH I'M NOT FEELING IT, I DOESN'T MEAN I WON'T HELP A HELP A FELLOW OUT.

I'LL TAKE YOU OUT FOR DINNER NEXT WEEK.

LADY OUT.

PARDON? REASONABLE USE ZONING REGULATIONS.

A THE PROPERTY DO NOT ALLOW FOR A REASONABLE USE AS THIS LOT HAS LIMITED OUTSOURCE OUTDOOR SPACE MAKE IT IMPRACTICAL FOR A TYPICAL RESIDENTIAL USE SUCH AS RECREATING OR OUTDOOR GATHERING HARDSHIP.

THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY BASICALLY DUE TO THE SPECIFIC LOT, LOT SIZE AND WITH THE SIZE OF THE HOUSE.

AND I WOULD ALSO ADD THAT BECAUSE THERE'S ONLY TWO STRUCTURES FACING THIS SI THIS STREET ON THIS SIDE, THAT IT IS THE FRONT SETBACK, SETBACK AVERAGING IS NOT ALLOWED.

THE HARDSHIP IS NOT GENERAL AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE THE HOUSE IS SET BACK FROM THE STREET IN ORDER TO MEET THE SETBACK REQUIREMENTS.

AND SO THERE IS VERY LITTLE SPACE OTHER THAN THE HOUSE ON THE LOT AREA CHARACTER.

THE VARIANCE WILL NOT ALTER THE CHARACTER, THE AREA ADJACENT TO THE PROPERTY.

IT WILL NOT IMPAIR THE USE OF ADJACENT CONFORMING PROPERTY WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THE PROPOSED DECK IS DESIGNED TO BE IN HARMONY WITH THE EXISTING ARCHITECTURE AND STYLE OF THE NEIGHBORHOOD.

AND IT WILL BE CONSTRUCTED WITH THE MATERIALS AND FINISHES OF THE CURRENT HOUSE IN THE OTHER HOMES IN THE AREA.

THE END.

SO AGAIN, UH, THIS IS A SUBSTITUTE MOTION MADE BY, UH, CHAIR COHEN, SECONDED BY BOARD MEMBER EATS.

SHE, 1, 2, 3.

THAT MOTION IS DENIED.

THANK YOU FOR ALL YOUR HARD WORK AND SORRY WE HAD TO POSTPONE YOU SO MANY TIMES.

WELL, YOU WEREN'T KIDDING.

THESE THINGS WORK AMAZING.

THAT'S WHY I'M, THANK YOU.

NO, I HAVE, UM, A BECAUSE I GOT CEDAR REALLY BAD.

I HAVE A, LIKE A LITTLE BOWL BESIDE MY BED, REMEMBER? GOOD.

REVIEWERS MAY HAVE SUGGESTED AN ERROR THAT THIS REQUIRES A VARIANCE BECAUSE WE DON'T THINK IT DOES.

ITEM

[5. C15-2024-0041 Thomas M. Schiefer and Meghann Elena Rosales 1607 West 10th Street ]

FIVE C 15, 20 24 0 0 4.

ONE.

THOMAS M SER AND MEGAN.

ELENA ROSALES.

1607 WEST 10TH STREET.

HELLO Y'ALL.

THANKS FOR, UH, TAKING A LOOK AT MY CASE TONIGHT.

I REALLY APPRECIATE Y'ALL'S WORK.

UH, MY NAME'S THOMAS SHEEFER.

I'M THE OWNER OF 1607 WEST 10TH STREET.

UM, THE VARIANCE I'M ASKING FOR IS AN INCREASE IN OUR ALLOWABLE IMPERVIOUS COVERAGE TONIGHT.

UM, I'LL BE DISCUSSING THREE HARDSHIPS, WHICH I TH WHICH I THINK ARE PRETTY UNIQUE TO OUR PROPERTY.

UM, IF YOU'LL REFERENCE PAGE THREE THROUGH SIX, OH WAIT, SORRY, I'M GONNA INTERRUPT YOU FOR ONE SECOND.

YEP.

LET'S STOP THE CLOCK.

THIS IS THE ONE.

THIS IS THE ONE, THIS IS THE ONE.

THIS, THIS IS THE, THIS IS THAT.

SO I'M GOING TO GIVE YOU AN OPTION.

UH, OUR LEGAL STAFF WAS GOING THROUGH THIS CASE AND THEY THINK THAT THE

[00:35:01]

WE THINK IT FALLS UNDER A SMALL AMNESTY, UH, WHICH, WHICH IS IN NEIGHBORHOOD THAT A PURPOSE COVER BY DEFAULT.

UM, I WAS GOING TO GIVE YOU THE OPTION TO, WE COULD HEAR YOUR CASE TONIGHT IF YOU WANT, OR YOU COULD POSTPONE, WE COULD POSTPONE IT TILL NEXT MONTH.

AND YOU MEET WITH LEGAL AND, UH, OUR BOARD, OR SORRY, WITH THE BOARD LIAISON, AND THEY WOULD MEET WITH THE REVIEWER TO FIND OUT LIKE WHY, UH, THAT WAS RECOMMENDED.

AND IF YOU DON'T NEED IT AS WE SUSPECT YOU DON'T, THEN YOU WOULD JUST WITHDRAW THE CASE.

UM, SO THE MATTER CHAIR, THE CASE, THE, THE CODE SECTION IS 25 2 14 0 6, WHICH IS IN THE NEIGHBORHOOD PLAN.

AND THE NEIGHBORHOOD PLAN KEEPS THE SMALL LOTT AMNESTY, EVEN THOUGH WITH THE HOME TWO AMENDMENT 40 DID NOT STRIKE, DIDN'T TOUCH IT, DIDN'T STRIKE IT.

SO IT 20, YOU MAY WANNA KEEP THAT CHIP IN YOUR POCKET.

THAT'S WHY I'M GONNA SAY THIS AGAIN.

25 2 14 0 6.

I DON'T HAVE A PEN.

I'M GONNA, I'M GONNA WRITE THAT DOWN THOUGH.

I'M JUST SAYING I'LL THE VIDEO, YOU CAN EMAIL ELAINE TOMORROW OR YOU CAN ALSO, YOU KNOW, WATCH THE VIDEO.

SO IF YOU, WE HEAR THE CASE, I'M WORRIED THAT YOU WON'T BE ABLE TO GET A REFUND.

I LOVE THAT IDEA.

I'VE BEEN TOLD YOU'RE NOT GONNA GET A REFUND EITHER WAY.

WELL, THE, THE, WE DON'T KNOW FOR SURE THE OTHER, THE OTHER ISSUE, I, I MAKE A STAND IT, YOU GO, IF YOU PROCEED AND YOU GET A VARIANCE AND THEN YOU NEED ANOTHER VARIANCE TO COME BACK, TAKING TWO BITES OF THE APPLE IS VERY HARD TO DO.

YES, SIR.

SO IF YOU'RE ABLE TO UTILIZE, UH, THE AVENUES THAT THEY JUST PRESENTED TO YOU AND KEEP THAT POSSIBLE VARIANCE NEED IN YOUR POCKET, HOPEFULLY YOU DON'T NEED ONE, THEN IT, IT'LL BE MUCH OKAY.

TO YOUR ADVANTAGE.

I WILL.

BUT AGAIN, I DON'T, I DON'T KNOW IF YOU'RE IN SOME KIND OF A RUSH IF THERE'S A TIME CONSTRAINT.

SO I WANTED TO GIVE YOU THE OPTION.

YEAH, I MEAN THE, THE ONLY RUSH IS THAT SINCE I'M NOT, I'M NOT A BUILDER BY TRADE OR I'M NOT IN THIS WORLD.

IT'S JUST WE'VE BEEN GOING AT THIS FOR A YEAR NOW.

I KNOW.

I'M SO SORRY.

AND, UM, ALL WERE ASKED LIKE SUCH A TINY HOUSE, SUCH A SMALL BASIC ADDITION AND I'VE REACHED OUT MULTIPLE TIMES TO THE CITY TO TRY TO FIGURE OUT WHAT THAT INFORMATION IS, SPECIFICALLY THE IMPERVIOUS COVER.

I'VE DISCUSSED THAT SO MANY TIMES.

I EVEN HAD A FRIEND WHO OWNS HIS OWN PERMITTING COMPANY TO HELP ME THROUGH THIS.

AND WE STILL ARE ALL CONFUSED.

SO I'M, I'M GONNA LISTEN TO Y'ALL.

I THINK IT SOUNDS LIKE Y'ALL TELL ME WHAT THE ADVICE TO TAKE, UM, WHAT ARE MY NEXT STEPS IF I GO AHEAD AND JUST LEAVE NOW.

SO, SO WHAT I'LL DO, I'LL DO IS I'LL MAKE A MOTION TO POSTPONE THIS TO JANUARY 13TH.

AND I'LL SECOND THAT.

YOU'LL, WE'LL, WE'LL GET IT POSTPONED.

YOU CALL ELAINE TOMORROW.

OR EMAIL AND, AND FOLLOW UP AND BE LIKE, HEY, LET THEM MEET WITH THE REVIEWERS.

THEY'LL COME TO A DETERMINATION AND THEN YOU CAN DECIDE WHERE TO GO FROM THERE.

WELL, I APPRECIATE WORST FEES.

IT'S JUST 30 EXTRA DAYS.

SURE.

BEST CASE IS YOU WITHDRAW AND SAVE YOUR VARIANCE REQUEST FOR ANOTHER DAY IF YOU NEED ANOTHER ONE.

I APPRECIATE.

BEFORE YOU MAKE THAT MOTION THOUGH, MADAM CHAIR, UM, I DO WANT TO COMMEND YOU BECAUSE YOU DID YOUR HOMEWORK ON THIS.

YOU HAVE SUPPORT FROM BOTH, UH, THE CLARKSVILLE NEIGHBORHOOD ASSOCIATION AND FROM ANA.

SO IT, IT BODES VERY WELL FOR YOU IF THAT THAT AVENUE DOESN'T WORK OUT FOR YOU.

THAT YOU YOU DID A GREAT JOB.

IT JUST ALL 30 DAYS.

YOU DID A GREAT JOB.

I REALLY APPRECIATE THAT.

HOPEFULLY YOU CAN GET YOUR DEPOSIT.

I'M NOT VERY SMART.

THIS WAS HARD, BUT I'VE LEARNED A LOT.

I'VE LEARNED A LOT.

IT'S BEEN, NO, IT WAS A REALLY GOOD PACKET.

IT HAD EVERYTHING THAT IT NEEDED IN IT.

AND I, I, YOU KNOW, AND, UH, OUR LOVELY LEGAL ERICA OVER THERE IS THE ONE WHO CAME UP WITH THE 'CAUSE 'CAUSE I THINK IT DOES WITH THE HOME ONE, THE HOME TWO, THE CONFLICTING, NOT EVERYTHING GOT UPDATED.

SURE, SURE.

I ACTUALLY THOUGHT YOU DID NEED IT AND I WAS OKAY WITH IT, SO, OKAY, GREAT.

AND I'LL ADD THIS AS A, AS A GUY THAT BUILDS, YOU NEED TO MAKE SURE YOU GOT ALL OF YOUR I'S DOTTED AND T'S CROSSED BEFORE YOU GET INTO THIS, BECAUSE THIS COULD GET REAL STICKY REAL QUICK, JUST, WELL, IT DOESN'T FIT THIS AND IT DOESN'T FIT THAT.

SO MOTION, I'M GONNA GO AHEAD AND MAKE A MOTION TO POSTPONE I SECOND ITEM FIVE TO JANUARY 13TH, 2025.

SECONDED BY VICE CHAIR HOFF FORM.

ARE THERE ANY QUESTIONS? NO.

[00:40:01]

SO THIS IS POSTPONED UNTIL JANUARY 13TH.

UH, FOLLOW UP WITH THE LINK TOMORROW PLEASE.

THANKS, Y'ALL APPRECIATE IT.

ITEM SIX C 15 20 24 0 0 4, 2 SCOTT JACOBS FOR 2003 DALE STREET.

TEXAS MONTHLY HAD A LITTLE ARTICLE ON Y'ALL TODAY.

MOVING ON TO

[6. C15-2024-0042 Scott Jacobs 2003 Arpdale Street]

IF YOU'LL JUST COME UP TO THE PODIUM, STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES FOR YOUR PRESENTATION.

KNOW, CURRENTLY IT'S, IT'S PERMIT I THINK IS A, IS A SECONDARY STRUCTURE.

MY NAME'S SCOTT JACOBS.

I AM THE OWNER OF 2003 DALE STREET.

UM, THIS IS A PHOTO OF THE PROPERTY THAT WE CAN COME BACK TO IF THERE ARE ANY QUESTIONS.

NEXT.

SO THE VARIANCE THAT I AM REQUESTING TODAY IS, UH, THERE ARE TWO, I GUESS THREE VARIANCES.

ONE IS TO DECREASE THE MINIMUM, MINIMUM SIDE SETBACK FROM FIVE FEET TO FOUR FEET TO DECREASE THE MINIMUM LOT SIZE FROM, UH, 57 50 SQUARE FEET TO 5,500 SQUARE FEET.

AND I BELIEVE THIS IS IN RELATION TO IT BEING TWO FAMILY USE.

AND THEN THE, UM, SECOND ONE FOR THAT IS TO DECREASE THE MINIMUM REAR SETBACK FROM, UM, I'M NOT SEEING IT, BUT IT'S, UH, FROM 10 FEET TO FIVE AND A HALF FEET.

AND SO, UH, BELOW IS A SITE PLAN OF THE BUILDING, WHICH HAS BEEN, ITS IN ITS CURRENT CONFIGURATION SINCE THE 1990S.

NEXT, UM, NOW I'M GONNA JUST TALK ABOUT THE FEW, UH, UNIQUE CHARACTERISTICS OF THE PROPERTY.

SO, UM, TCAD HAS, HAS THE PROPERTY SQUARE FOOTAGE OF 57, UH, 52.

UM, AND I, I PURCHASED THIS HOUSE IN, IN 2012 AND AS RELYING ON TCA AND, AND BOUGHT THIS WITH THE INTENT OF, OF HAVING A, A TWO FAMILY, UM, TWO FAMILY USE ON THE PROPERTY.

UM, NEXT PLEASE.

THERE'S A, THERE'S A MINOR, UH, REDUCTION IN LOT SIZE.

SO MOST PROPERTIES IN THE SUBDIVISION WERE PLATTED IN THE 1940S AND 1950S AT 6,000 SQUARE FEET, UM, OR MORE.

AND SO THEY WERE UNAFFECTED WHEN THIS, UH, MINIMUM LOT SIZE OF 57 50 WENT INTO EFFECT.

UM, IT APPEARS THAT AT SOME POINT, UM, AFTER MY PROPERTY WAS BUILT, THAT A PORTION OF THE LOT WAS SOLD RESULTING IN, IN THIS DEFICIENCY.

UM, AND SO THIS DEFICIENCY WASN'T RECOGNIZED UNTIL, UNTIL RECENTLY.

AND I BELIEVE THIS IS UNIQUE, UH, WITHIN THIS AREA.

UM, THIS SPECIFIC BUILDING THAT WE'RE DISCUSSING TODAY WAS A GARAGE THAT WAS BUILT WHEN THE HOUSE WAS BUILT IN 1949.

AND IT WAS CONVERTED IN THE 1990S.

I'VE, I'VE, UH, DONE A TREMENDOUS AMOUNT OF KIND OF PRIVATE INVESTIGATION RESEARCH THAT ALL POINTS TO, UM, WHEN IT WAS CONVERTED, INCLUDING THERE ARE SOME PERMITS THAT SUPPORT THIS BACKUP AS WELL.

UM, BUT, UH, PORT RECORD KEEPING AND, UH, KEPT THIS FROM, FROM BASICALLY BEING FOUND UNTIL, UM, UNTIL RECENTLY THAT IT WASN'T PROPERLY PERMITTED AS A, UM, AS A SECOND FAMILY HOME.

UM, AND SO BECAUSE THIS STRUCTURE WAS BUILT IN 1949, THESE SETBACKS THAT I'M DISCUSSING HAVEN'T CHANGED SINCE, UM, IT WASN'T ORIGINALLY BUILT.

AND SO I FEEL LIKE THAT IS ALSO UNIQUE TO THIS SPECIFIC CASE.

NEXT, PLEASE.

UM, OVER 80% OF THE OWNERS WITHIN 300 FEET ARE IN SUPPORT OF THIS VARIANCE.

THERE HAVEN'T BEEN ANY RECORDED PROBLEMS OR CONSTRAINTS OR COMPLAINTS WITH THE STRUCTURE USED AS IN A DU OR A SECOND FAMILY HOME.

UM, AND, UH, THE NEIGHBORS DID NOT FEEL LIKE THIS WAS AN ISSUE.

NEXT, UM, AND THEN SUPPORT FOR APPROVAL.

THERE'S NO HISTORY OF ISSUES, NO COMPLAINTS HAVE BEEN RECORDED USING IT AS TWO SEPARATE HOMES.

UM, AND THIS HAS BEEN VERIFIED FOR THE, BY THE OPEN RECORD REQUEST.

UM, IT'S AN EXISTING STRUCTURE.

UM, IT'S BEEN USED AS A, IT'S BEEN USED AS A, AS AN A DU OR SECOND FAMILY USE, UH, FOR OVER 30 YEARS.

AND, UM, THIS WOULD ALSO, UH, ADD TO THE AFFORDABLE HOUSING STOCK.

UM, NEXT, AND I GUESS THE LAST, THE LAST THING IS, LIKE I SAID, I, I DID BUY THIS HOUSE WITH INTENT FOR TWO FAMILY USE.

UM, YOU KNOW, THEY CALL THESE MOTHER-IN-LAW SUITES FOR A REASON.

AND MY MOM, UH, RECENTLY WAS DIAGNOSED WITH PARKINSON'S.

AND I, I REALIZE THAT THIS IS NOT A TRUE HEART.

THIS IS, THIS IS NOT A HARDSHIP, BUT I DO PLAN TO MOVE HER INTO THAT UNIT.

AND, UM, YOU

[00:45:01]

SO BEING ABLE TO HAVE A, A SINK, UM, A SECOND SINK WOULD, UM, CERTAINLY HELP SITUATIONS LIKE THIS TREMENDOUSLY, UM, FOR, FOR THIS TYPE OF USE.

SO I GUESS I WILL OPEN IT TO THE BOARD FOR QUESTIONS.

I GUESS THE LAST SLIDE SHOWS, UM, SHOWS THE, THE STRUCTURE AND I THINK THAT'S THE END OF THE PRESENTATION.

IS THERE ANY OPPOSITION? SEEING NONE.

LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.

OPEN IT UP TO QUESTIONS.

MADAM CHAIR, BOARD MEMBER VINYL OLIN.

I SEE HERE IN MY NOTES.

FIRST OF ALL, YOU DID, YOU, YOU DID A GOOD PRESENTATION.

I ALSO SEE YOU DID YOUR HOMEWORK WITH THE, UH, ZUKO NEIGHBORHOOD ASSOCIATION.

SO APPRECIATE THAT.

THAT MEANS A LOT COMING IN FRONT OF US.

UM, I SEE IN MY NOTES THAT, UH, UH, YOUR REQUEST IS ALSO TO ALLOW TWO DWELLING UNITS.

THE EXISTING GARAGE BUILT IN 1949 WAS CONVERTED INTO A DWELLING IN THE EARLY 1990S WITHOUT A PERMIT.

AND IT STATES HERE THAT THE GOAL FOR THIS VARIANCE WOULD BE TO PROPERLY PERMIT IT AS AN ACCESSORY DWELLING SO THAT YOU CAN DO WHATEVER YOU NEED TO DO.

IS THAT CORRECT? THAT'S CORRECT, YES.

OKAY, MADAM CHAIRMAN, I'M GONNA MAKE A MOTION TO APPROVE.

SO I'M JUST THROWING IT OUT THERE.

SO THIS, I'M SORRY, SECOND.

THIS NEIGHBORHOOD LETTER, IT'S NOT ZUCKER NEIGHBORHOOD.

THIS IS, IT'S A FRIENDS OF ZUCKER.

THAT'S THE AURA GROUP.

JUST POINT THAT OUT.

SO I'M GONNA GO AHEAD AND TAKE A MINUTE TO POINT OUT TO EVERYBODY 'CAUSE I REMEMBERED THIS CASE, UH, FROM 2021 C 15 20 21 0 0 6 7, WHERE WE GRANTED, UH, 5,500 SQUARE FEET, UH, LIMITING BUILDING COVERED OF 40% AND PUR, SORRY, BUILDING COVER TO 40% AND LIVING IMPERVIOUS COVER TO 45% FAR AT 0.4 TO ONE WITH NO FURTHER ENCROACHMENT OF ACCESSORY STRUCTURE AND LIMIT TO 15 FEET IN THE HEIGHT AND A SINGLE STORY.

AND, AND THAT'S WHAT WE GRANTED JUST TWO YEARS AGO AS AN, AS AN ACCESSORY STRUCTURE.

DO YOU KNOW IF YOU HAVE THE SAME LEVEL OF SUPPORT FROM THE CURRENT HOMEOWNERS AS YOU DID FROM THE HOMEOWNERS WHO LIVED THERE PREVIOUSLY? I DON'T KNOW IF I HAVE THE SAME SUPPORT.

AND SO WHAT, SO WHAT THIS ONE IS, FROM WHAT I'M UNDERSTANDING, IS TO ALLOW IT TO BE PERMITTED AS AN ACCESSORY STRUCTURE AND TO, TO CLEAR UP THE PERMITTING PROCESS.

AND YOU ARE, YOU, YOU'RE DOING SOME REMODELING OR UPDATING PERMIT ON IT? IT'S PERMIT PERMIT.

SO YOU CAN PULL A PERMIT.

SO WHAT HAPPENED IS IN 2020, THE, WHEN SNOWMAGEDDON BASICALLY TOOK OUT MY HOUSE BECAUSE OF A FLOOD REMEDIATION, AND SO WENT BACK TO GET PERMITS, AND THAT'S WHEN A LOT OF THIS BUBBLED UP.

AND, AND SO THE VARIANCE WHEN WE WENT THROUGH THIS LAST TIME WAS TO PERMIT IT AS AN ACCESSORY, UH, LIVING AS AN ACCESSORY LIVING UNIT, UM, UH, RESTRICTING IT TO ONE SINK.

AND TODAY I'M ASKING FOR THESE SPECIFIC VARIANCES.

I WENT TO THE CITY TO FIGURE OUT, UM, PERMITTING TO FIGURE OUT WHAT I NEEDED TO RESTORE ITS USE FROM THE RESTORE ITS USE THAT HAD BEEN RESTORE THE WAY I HAD BEEN USING IT BEFOREHAND, WHICH IS AS A SECOND FAMILY UNIT.

AND SO THAT'S WHAT THIS IS.

SO, UM, THAT IT'S REALLY, I THINK THAT THE APPROVAL OF THIS WOULD ALLOW ME TO ADD A SECOND SINK TO THE, TO THE, UH, STRUCTURE.

AND THERE, I STILL HAVEN'T COMPLETED THE CONSTRUCTION BECAUSE I'VE BEEN HOLDING OUT TO TRY TO FIGURE THIS LAST PIECE OF IT BIT.

I HAVE ONE QUESTION.

UH, GO AHEAD, VICE CHAIR.

SO DO YOU PLAN ON KEEPING THE STRUCTURE THAT IS THERE? YES, IT IS, IT IS NOT MOVING.

UM, I'M ACTUALLY, UH, IN THE MIDDLE OF, OF THAT REHAB RIGHT NOW.

SO I, I'VE DONE THE RE REPLACE THE SIDING THAT WAS NEEDED PER, PER CODE.

AND, UM, I'VE DONE SOME OF THE, SOME OF THE, UH, THEY, THEY'VE STARTED SOME OF THE CONSTRUCTION, BUT IT'S NOT COMPLETE.

IF YOU KNOW, I'M GONNA JUMP OVER.

I ALSO HAD SOME QUESTIONS ABOUT SOME OF THE SIGNATURES, UH, FOR SUPPORT MM-HMM .

WHEN WE STARTED AUDITING THEM, STILL THERE WITH IT.

SECOND, UH, SOME OF THESE FOLKS HAVEN'T LIVED AT THESE ADDRESSES IN FOUR OR FIVE YEARS.

HOW OLD ARE THESE? THESE, UH, THESE ARE WHEN I, WHEN I DID THE FIRST VARI, WHEN I DID MY FIRST, UH, VARIANCE REQUEST.

SO THERE USED TO BE A, THERE USED TO BE A, A THING WHERE YOU COULD GET YOUR, UM, WHERE YOUR LIKE PAYMENT TO THE BOARD OF VARIANTS WOULD BE REFUNDED OR, OR DIMINISHED TO LIKE A FEW HUNDRED DOLLARS IF YOU'RE ABLE TO SHOW THEM THESE SIGNATURES.

AND SO THAT'S WHEN I DID IT.

SO THEY'RE NOT RECENT.

UM, BUT THEY, WHEN I DID THE FIRST, UM, WHEN I DID THE FIRST, UH, SET OF APPROVALS AND THAT WAS REQUIRED, THAT'S WHEN I GOT THEM.

[00:50:01]

I DON'T KNOW HOW MANY OF THEM HAVE MOVED, BUT I WOULD BE WILLING TO GO BACK AND, AND GET THAT SUPPORT.

I DIDN'T HAVE ANY OPPOSITION.

THE ONLY SIGNATURES THAT I DIDN'T HAVE ANY OPPOSITION, THE ONLY SIGNATURES THAT I WEREN'T ABLE TO GET WERE JUST FROM NOT BEING ABLE TO CONTACT THE HOMEOWNERS OR THEM NOT BEING THEM, NOT BEING THEM, NOT BEING HOME.

SO, UM, YOU KNOW, I HAD A WHOLE MAILING SITUATION TO, TO GET A LOT OF THAT WHERE I WOULD MAIL THESE FORMS AND GIVE THEM PRE, PRE-LABELED RETURN ENVELOPES TO GET THOSE LETTERS OF SUPPORT.

UM, BUT I DIDN'T, I, WHEN I WAS GOING AROUND FIRST ASKING, AND FOR THESE, IT DIDN'T, UH, THERE WASN'T ANYONE THAT SAID, YOU KNOW, THAT'S, THAT'S NOT A GOOD IDEA.

I WOULDN'T APPROVE, I WOULDN'T, WOULDN'T FEEL COMFORTABLE WITH THAT.

AND I THINK THE REASON FOR THAT IS THAT THERE IS NO CHANGE TO THE PRIOR USE OF IT AS A, AS AN A DU.

WELL, I MEAN, THERE WAS ONE LETTER OF OPPOSITION FROM, UH, LORRAINE ATHERTON.

SO I MEAN, WE, WE CAN GO INTO, I MEAN, I THINK THAT'S A, COULD BE ANOTHER, ANOTHER STORY, BUT, UM, I THINK THERE'S A, A, YOU KNOW, DEEPER A, A DEEPER STORY BETWEEN LORRAINE AND, AND, UM, ONE OTHER SET OF NEIGHBORS.

BUT I DON'T, I, I DON'T KNOW IF THAT'S WORTH BRINGING UP, BUT I'M HAPPY TO TALK ABOUT IT.

NO, I, IT JUST MENTIONED THERE WAS ONE OPPOSITION , RIGHT? UH, BOARD MEMBER BOWEN.

YOU HAD A QUESTION? UH, WELL ACTUALLY IT KIND OF FALLS WITHIN THE SAME, UH, AND I'M SORRY TO HEAR ABOUT YOUR MOTHER.

UM, A VERY GOOD FRIEND OF MINE'S GOT PARKINSON'S.

IT'S RIGHT AROUND THE CORNER FROM YOU.

SO ARE YOU PLANNING ON MAKING MODIFICATIONS? NO.

TOWARDS THAT? NO.

UM, WIDEN, I MEAN, NO, I WIDEN DOORWAYS AS IN THE PHOTO MY MOM'S USES A WALKER.

SO, UM, JUST HAVING A RAMP, LIKE WHEN I'M, I'M REDOING THE LANDSCAPING AND THE, THE, UM, THE WALKUP WILL BE A RAMP.

AND SO THAT'S ONE OF THE BENEFITS.

THIS PROPERTY IS ALL ONE LEVEL.

UM, IT DOESN'T HAVE ANY STEPS FROM THE FRONT WALKWAY BACK TO THE BACK TO THE HOUSE.

'CAUSE I SAW THE PICTURE OF THE ONE SET OF STEPS YEP.

ON THE ONE SIDE AND THAT DECK HAS BEEN COMPLETELY REMOVED.

UM, OKAY, SO THAT DECK'S BEEN REMOVED? YEAH.

THE DECK'S BEEN REMOVED AND UM, THERE'S JUST ONE STEP.

UM, SO NO OTHER INTERIOR MODIFICATIONS SUCH AS A WALK-IN SHOWER TYPE SITUATION, ANYTHING LIKE THAT? NO.

SO YOU GOT A TUB IN IT NOW, OR A WALK-IN SHOWER.

A TUB? IT'S GOT A TUB, YEAH.

'CAUSE I, UM, OKAY, THANKS MADAM CHAIR, BOARD MEMBER VAN, I HAVE A QUESTION FOR, FOR YOU BY WAY, IF WE WERE TO MAKE THIS, UM, VARIANCE WITH THE SAME RESTRICTIONS THAT WE DID ON THE PREVIOUS ONE IN 2021, THE FAR BASICALLY FLORIDA AREA RATIO AND STUFF, YOU CAN WORK WITH THAT WITHIN THAT? YEAH, ABSOLUTELY.

ABSOLUTELY.

I'M THERE.

SAME IMPERVIOUS COVER RESTRICTIONS, SAME, SAME IMPERVIOUS COVER RESTRICTIONS AND THE SAME FARM.

BECAUSE BASICALLY WHAT THE YOUNG MAN IS DOING IS HE WANTS TO DO SOME INTERIOR REMODELING, BUT HE CAN'T, THE PERMITS ARE ALL SCREWED UP ON IT.

HE DOESN'T WANT TO EXPAND THE, THE FOOTPRINT.

HE DOESN'T WANT TO INCREASE ANY IMPERVIOUS COVER AND BLESS YOUR HARD FOR COMING HERE.

I'D HAVE THROWN A SINK IN IT, BUT, YOU KNOW, THAT'S JUST ME.

UH, SO I, I REALLY THINK THAT, UH, HIS ASK IS VERY MINIMAL AND IT, IT'S ALSO GONNA HELP HIM IF HE DOES NEED TO COME BACK AND HE DOES NEED TO PUT IN A WALK-IN SHOWER FOR HIS MOTHER AND HE HAS TO PULL A PLUMBING PERMIT FOR THAT, WELL THEN, YOU KNOW, HE WON'T HAVE THE HASSLE OF THE PERMIT ISSUE OF HANGING OVER THE TOP OF HIM.

SO I'M STILL, I'M STILL GOOD WITH IT.

I I WOULD JUST THINK THAT, UH, WE HOLD HIM TO THE SAME FAR AND THE SAME PREVIOUS COVER RESTRICTIONS WE DID ON THE FIRST ONE.

I HAVE A QUICK QUESTION FOR EITHER STAFF OR MAYBE Y'ALL TWO WHO HAVE BEEN ON HERE A LITTLE LONGER THAN ME.

UH, IF WE GRANTED THE REQUEST TO LOWER THE MINIMUM LOT SIZE DOWN TO 5,500 SQUARE FEET IN 2021, WHY ARE WE DOING IT AGAIN HERE? NO, I'M NOT.

SHE DIDN'T, SO VARIANCES ARE GOOD FOR ONE YEAR AND HE DIDN'T USE IT, SO WE'RE BACK TO GET IT AGAIN.

WELL, VARIANCES ARE GOOD FOR A YEAR WITH THE PROJECT THEY'RE DOING AT THE TIME.

LIVING UNIT WITH THE KEY DIFFERENTIATOR OF BEING ABLE TO ADD A SECOND SINK.

SO HE'S DOING SOMETHING DIFFERENT NOW.

DIFFERENT NOW.

IT DOESN'T GO.

YEAH, IT DOESN'T GO.

WHAT IS, WHAT IS DIFFERENT? I THINK THIS IS THE, THIS THIS IS LIKE AN ADDITIONAL, THIS IS TO, SO IT WAS PERMITTED THE LAST REDUCTION TO 5,500 SQUARE FEET, UH, PERMITTED TO BE AN ACCESSORY LIVING STRUCTURE INSTEAD OF AN ACCESSORY

[00:55:01]

THAT IS THE ONLY DIFFERENCE IN THIS SCENARIO.

AND, AND SO BECAUSE THIS IS A, A NEW VARIANCE FOR THAT SPECIFIC REQUEST, THAT'S WHY THE MINIMUM LOT SIZE HAS TO BE REQUESTED AGAIN.

AND I'M ONLY REPEATING WHAT THE ZONING OFFICE TOLD ME.

SO SOMEONE STABBED, DOES ANYONE HAVE A BAT? SO I CAN JUST SMACK MYSELF IN THE HEAD A FEW TIMES.

WHO MAKES THESE ROLLS? , SORRY.

OH, IT'S GONNA GET MORE INTERESTED WITH HOME ONE HOME TOO BECAUSE THEY'RE JUST YEAH.

THROWING THE GATES OPEN AND LETTING THE HORSES RUN OUT OF THE BARN.

SO, WELL, ANY QUESTIONS THAT WE HAVE TO ACTUALLY HAVE CODE WORDS THAT WENT TOGETHER? YES.

ANY QUESTIONS FROM MY VIRTUAL BOARD MEMBERS? I HAVE A QUESTION AND MORE FOR THE BOARD.

UM, AS IT STANDS, I I DON'T HAVE AN OBJECTION, BUT I HAVE ONE QUESTION REGARDING THE SUPPORT AND THE OBJECTIONS BECAUSE IT'S FROM 2021, IS THAT AN ISSUE OR DOES IT HAVE TO BE UPDATED OR ARE WE FINE WITH THAT BEING FROM 2021? I'M FINE.

I I DON'T SEE A NEED TO, TO REVISIT THAT.

THE EXTERIOR STRUCTURE DOESN'T CHANGE.

I MEAN IF HE'S NOT TEARING IT DOWN AND HE'S, IT'S THE SAME STRUCTURE AS LONG AS THE SAME CONDITIONS APPLY.

SINK.

SO YOU CAN HAVE A GUEST HOUSE ON YOUR PROPERTY WHEN YOU RENT IT, THEN IT IS A LIVING UNIT.

NOT AN ACCESSORY TO YOUR DOMAIN.

EVEN THOUGH THESE, I THOUGHT HOME TWO CHANGED THAT DIDN'T, IT DIDN'T HOME TWO CHANGE.

CAN I GET OPINION FROM LEGAL JUDGE? HOW ABOUT IF WE MOVE THIS ONE FORWARD AND THEN LOOK IT UP AND THEN FIND OUT AFTERWARDS, THEN WE CAN, YEAH, THEN WE CAN, WELL I MEAN, DOES IT CHANGE? I BROKE DOWN HOME.

I DON'T UNDERSTAND.

YEAH, THAT'S THE FIRST THING I THOUGHT TOO.

BUT I TRY TO TRUST MY RESIDENTIAL REVIEWERS.

THEY USUALLY, WELL IF RESIDENTIAL REVIEW SEND HIM HERE AGAIN AND WE GIVE HIM THE SAME CONDITIONS AGAIN.

ALRIGHT, WELL THEN WE'LL HAVE DONE OUR JOB AND WE'LL MOVE ON TO THE NEXT ONE.

BOARD MEMBER VAN.

AND YOU MADE THE MOTION.

WAS THERE A SECOND? I DID.

I SECOND.

REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THE EXISTING ACCESSORY DWELLING WAS CONSTRUCTED FIRST IN 1949 AS A GARAGE AND REMODELED INTO A DWELLING IN THE 1990S.

PERMIT HISTORY SUGGESTS THAT THE STRUCTURE BEGAN IN 90 WHEN THE PROPERTY WAS PURCHASED BY THE CURRENT OWNER IN 2011 HARDSHIP.

THE HARDSHIP FOR THE VARIANCE IS REQUEST IS UNIQUE TO THE PROPERTY IN THAT NOT ALL THE LOTS IN THE AREA HAVE STRUCTURES BUILT IN 1949 THAT WERE CONVERTED INTO ACCESSORY DWELLINGS IN THE NINETIES FOR CONSTRUCTION RECORD KEEPING AND FOR PERMIT.

I WON'T GO INTO THAT.

UH, UH, RESULTED IN THE OWNER INHERITING AN UNPERMITTED ACCESSORY DWELLING.

THE STRUCTURE AND FOUNDATION HAVE BEEN IN PLACE SINCE 1949.

SO NOTE, SO SETBACKS CANNOT CHANGE THE CONSTRUCTION TO ERADICATE THE ISSUE WOULD CAUSE UNWARRANTED NOISE, WASTE DISTURBANCE, AND TRAFFIC IN THE AREA.

THE HARDSHIP IS NOT GENERAL IN THE GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE LOTS IN THIS, THIS AREA DO NOT HAVE A GARAGE BUILT IN 49 IN THE REAR OF THEIR PROPERTY THAT ARE SUFFICIENT SIZE TO BE USED AS ACCESSORY DWELLINGS AREA OF CHARACTER.

THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATION OF THE ZONING DISTRICTS IN WHICH PROPERTY IS LOCATED.

BECAUSE THE FRONT RESIDENCE ALSO BUILT IN 1949 IN THE REAR RESIDENCE HAVE EXISTED IN A CURRENT CONFIGURATION SINCE THE 1990S AND SUCH HAVE BEEN KEEPING WITH THE CHARACTER OF THE NEIGHBORHOOD.

AND I WOULD ALSO LIKE TO ADD THE FRIENDLY AMENDMENT, UH, THE BUILDING COVER OF 40% FAR FOUR TO ONE 15 FEET IN HEIGHT LIMIT AND SINGLE STORY ONLY, AND NO FURTHER ENCROACHMENT.

OH, NO FURTHER ENCROACHMENT.

THERE YOU GO.

I THINK THAT THAT'S IT.

DID I GET IT? DID I GET, DID I GET IT ALL, JESSICA? YEAH.

JUST PUTTING IT IN MY NOTES.

I'LL BRING THAT THAT'S WHY YOU'RE LOOKING.

IT'S BASICALLY THE CONDITIONS ON THE DECISION SHEET FROM 2021.

MADAM CHAIR, I ALSO THINK THAT STAFF WANTED US TO TAKE A BREAK.

JUST MAKE SURE I DOCUMENT THAT.

AND THEN ALONG WITH THE E

[01:00:19]

JUST WE GOTTA VOTE FIRST.

I'M JUST TELLING YOU BEFORE YOU START ROLLING.

OH, SHE TOLD ME SEVEN TIMES.

I PROMISE I GOT IT SEVEN TIMES.

THIS IS A MOTION TO APPROVE MADE BY VICE HAWTHORNE.

SECONDED BY BOARD MEMBER VALENTINE.

I I THINK THAT WAS MICHAEL.

WAS IT YOU? WAS IT MIC? OOPS, SORRY.

THIS IS A MOTION TO APPROVE MADE BY A BOARD MEMBER V OLIN SECONDED BY BOARD MEMBER VALENTINE, UH, FOR REDUCING THE MINIMUM LOT AREA FROM 57 50 TO 5,500 AND REDUCING THE REAR SETBACK FROM 10 FEET TO 5.5 FEET WITH THE CONDITIONS FROM THE 2021 BOARD DECISION FOR C 15 20 21 0 0 6 7 OF A BUILDING COVER LIMITED TO 40% IMPERVIOUS COVER, LIMITED TO 45% FAR AT 0.4 TO ONE, AND NO FURTHER ENCROACHMENT OF ACCESSORY STRUCTURE, UH, AND LIMIT TO 15 FEET IN HEIGHT AND A SINGLE STORY.

C 15, 20, 21, 0, 0 6, 7 FOR THOSE CONDITIONS.

YOUR VARIANCE HAS BEEN GRANTED.

THANK YOU VERY MUCH EVERYONE.

ELAINE AND DIANE, DID Y'ALL CATCH ALL OF THAT? DO I NEED TO REPEAT IT? YOU'VE GOT IT.

YOU GOOD? OKAY.

ON TO ITEM NINE C 15 20 24 0 0 3 7.

UH, THE TIME IS 6:53 PM WE'RE GOING TO TAKE A VERY SHORT RECESS.

20 MINUTES.

WE'LL BE BACK AT 6 35 7 15 19:00 PM SORRY ABOUT THAT.

I DIDN'T HEAR ABOUT CALL THIS MEETING OF THE BOARD ADJUSTMENT BACK TO ORDER.

WE'RE GONNA MOVE

[9. C15-2024-0037 Charles Harrell for John Steven Rubin 4521 Merle Drive ]

CHARLES HAROLD FOR JOHN STEVEN RUBIN, 4 5 2 1 MERLE DRIVE.

CAN GIVE US JUST A SECOND, WE'LL GET YOUR PRESENTATION PULLED UP.

OH, SURE.

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

OKAY, THANK YOU.

UH, I'M CHARLES HARRELL.

I'M HERE ON BEHALF OF, UH, THE OWNER WHO IS HERE.

UH, SIMON PAGE.

UH, SIMON ACTUALLY, UH, BOUGHT THE PROPERTY FROM, UH, JOHN RUBIN.

SO, UM, AND THEY ARE, AND THEY ARE RELATED.

SO, UH, THAT'S WHY WE'RE HERE TODAY.

WE ARE HERE TO, UH, GET A VARIANCE FOR, UH, THE, UM, TO MAINTAIN AN EXISTING CARPORT THAT IS ON THE LOT, UM, THAT INCLUDES THE HOUSE AND, UH, SOME RENTAL PROPERTIES IN THE BACK.

UH, THIS PICTURE REPRESENTS THE, UM, THE, THE LOT IN, UM, BACK IN 2007, OCTOBER, 2007.

UM, YOU SEE THE STRUCTURE THERE AMONGST THE, THE MATURE TREES.

AND, UH, YOU SEE THE DRIVEWAY ON THE LEFT AS WELL AS THE UNDEVELOPED LAND ON THE RIGHT.

THE, UH, THE HOUSE IS A THREE BEDROOM, TWO BATH HOUSE FURTHER BEHIND THAT.

SO THE HOUSE IS BUILT IN 1948.

SO, UH, NEXT SLIDE PLEASE.

THIS IS A CURRENT PHOTO THAT WAS, UH, OR ALMOST CURRENT.

IT'S MAY 20, UH, 24.

UH, YOU CAN SEE THE, UM, THE, THE CARPORT IS THERE.

IT'S BEEN, UH, THERE'S RED STAIN ON IT NOW, AND THERE'S A FENCE THAT RUNS ALONG THE RIGHT SIDE OF THE PROPERTY.

AND, UM, YOU'LL SEE THAT THERE IS THE DRIVEWAY, A SINGLE LANE DRIVEWAY THAT HEADS BACK TO THE, UM, RENTAL PROPERTIES IN THE BACK.

AND, UH, THERE ARE, ARE, ARE NOW TO THE RIGHT OF THE FENCE.

THERE ARE NEWER SINGLE FAMILY HOMES, UH, THAT

[01:05:01]

HAVE BEEN DEVELOPED SINCE OBVIOUSLY 2007.

UH, NEXT SLIDE, PLEASE.

UH, HERE'S A SURVEY OF THE LOT.

YOU CAN SEE IT'S A RELATIVELY NARROW LOT.

UH, THE DRIVEWAY IS ACROSS THE TOP, A PART OF THE RECTANGLE THERE.

I HIGHLIGHTED IN YELLOW, THE EXISTING CARPORT.

THE HOUSE IS, UH, IN THE, BASICALLY IN THE MIDDLE OF THE LOT.

AND THEN THE, UH, RENTAL PROPERTIES ARE IN THE BACK.

AND THIS IS A CLOSEUP OF THE CARPORT THAT IS THE FRONT VIEW ON THE LEFT SIDE AND ON THE RIGHT SIDE IS A SIDE VIEW.

YOU CAN SEE THE MATURE TREES ON, UH, THEY'RE JUST RIGHT, RIGHT AROUND THAT.

UM, WE'RE VERY FORTUNATE WE HAVE A TREE.

NICE TREE LOT.

UH, HERE'S A LIST OF THE BASIC DETAILS OF THE LOT, THE ZONING, OF COURSE.

UM, I'LL NOTE THAT IT'S A VERY NARROW LOT.

WE HAVE MATURE TREES, A DUPLEX IN THE BACK, A SINGLE LANE DRIVEWAY THAT'S APPROXIMATELY, UH, 10 FEET WIDE.

AND THE EXISTING CARPORT, UH, WHICH IS, UH, SET BACK 43, ALMOST FULL 44 UH, FEET FROM THE FRONT OF THE, UH, PROPERTY LINE.

AND THE CARPORT IS ACTUALLY 27 POINT, UH, AND 27 FEET, SIX INCHES IN FRONT OF THE BUILDING FACADE.

UM, ANOTHER UH, MEASUREMENT THAT'S IMPORTANT IS THE, UH, THE HOUSE ITSELF IS SET BACK 95, UH, FEET, FOUR INCHES FROM THE CURB ON MERLE STREET.

UH, NEXT SLIDE PLEASE.

THIS IS A BLOWUP OF THE SURVEY I WANTED TO POINT OUT.

YOU CAN SEE THE, UM, THE CARPORT THERE HIGHLIGHTED IN YELLOW.

UH, I NOTED THERE THE, WHERE THE TREES ARE, THE MATURE TREES RIGHT AROUND THE, UM, THE CURRENT CARPORT AND THE RED BOX WITH THE HASHES IS A LOCATION THAT AN ALTERNATE, UM, CARPORT COULD BE BUILT.

HOWEVER, WE DO NOT LIKE THAT IDEA BECAUSE IN ORDER TO, TO GET TO ACCESS THAT PARTICULAR ALTERNATE LOCATION, WE WOULD, UH, WOULD POSSIBLY LOSE SOME TREES BECAUSE THE DRIVEWAY WOULD GO RIGHT TO WHERE THE, THE BEAUTIFUL TREES ARE.

SO, UM, THAT, UH, THE IMPACTING OF THE TREES IS NOT SOMETHING THAT WE WANT TO, WE, WE WANT TO, DON'T WANT TO TAKE DOWN ANY TREES AT ALL.

THIS SLIDE, UH, SHOWS YOU AN AERIAL VIEW.

THE CIRCLE SHOWS THE, UH, ADDRESS OF THE HOUSE AND THE, UM, BOX WITH THE X THAT THE CARPORT IS LOCATED UNDERNEATH THOSE TREES.

YOU CAN SEE AT THIS POINT THERE ARE SIX SINGLE FAMILY HOMES THAT BACK UP TO THE FENCE AND, AND THE CARPORT IS IN THEIR BACKYARDS.

UH, WE FEEL LIKE THAT WOULD BE A, A REAL, A REAL ISSUE WITH, WITH NEIGHBORS THAT IF WE HAD TO LOSE ANY TREES TO BUILD A, BUILD A, UH, YOU KNOW, PUT A DRIVEWAY IN.

SO THAT'S WHY WE'RE HERE.

WE'RE ASKING FOR A VARIANCE TO KEEP THE EXISTING STRUCTURE AS IT IS.

AND, UM, AND AGAIN, IT'S BEEN THERE A SIGNIFICANT AMOUNT OF TIME, AND I, THERE, I I DON'T THINK THERE'S ANY OPPOSITION TO THIS WHATSOEVER IN THE NEIGHBORHOOD.

UH, ANOTHER THING IS THE, UH, DOWN THE LINE, I THINK.

UM, CAN I GET YOU TO WRAP IT UP IN ONE SENTENCE PLEASE? YES.

UH, UH, THE OWNER HAS BEEN IN, IN AUSTIN FOR 18 YEARS.

HE PLANS TO LIVE IN THE HOUSE.

IT WAS FORMERLY A RENTAL, AND HE PLANS TO LIVE IN THE HOUSE AND EVENTUALLY EXPAND.

AND THE DRIVEWAY ALLOWS ACCESS TO PARKING FOR THE UNITS LOCATED BACK OF THE LOT.

IS THERE ANY OPPOSITION? SEEING NONE.

LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.

UH, I'LL START.

HOW LONG HAS THE CARPORT BEEN THERE? UH, WE DON'T KNOW FOR SURE, BUT, UH, WE, WE HAVE THE, THE, THE, THE, UH, PICTURE FROM 2007.

WE THINK IT WAS DONE SIGNIFICANTLY BEFORE THAT.

THE HOUSE WAS BUILT IN 1948, BUT WE'RE NOT SURE WHEN THAT CARPORT WAS INITIALLY PUT IN THERE.

CAN THERE ANY OTHER QUESTIONS? MAD CHAIR AND HE JUST BOUGHT THE HOUSE.

WHEN DID HE BUY THE HOUSE? UH, THE HOUSE WAS TRANSITIONED TO SIMON, UH, EARLY SEPTEMBER THIS YEAR.

IS THAT WHEN IT GOT FLAGGED? UH, WELL WE ACTUALLY WERE LOOKING TO DO A LITTLE, UH, AN EXPANSION TO THE, THE MAIN HOUSE ON THE PROPERTY.

AND WE WENT IN FOR PERMIT AND THEY, AND THEY FLAGGED THIS AS, OKAY, WELL THIS IS AN UN PERMITTED STRUCTURE, SO WE'RE, WE'RE THEREFORE DECIDED TO GO FOR THE VARIANCE.

MADAM CHAIR.

UH, OKAY.

ARE YOU GONNA DO IT 'CAUSE THE FOLLOW? YEAH.

I'M GONNA MAKE A MOTION TO APPROVE.

I'LL SECOND REASONABLE USE.

THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THE SHAPE OF THE LOT IS NARROW

[01:10:01]

THE EXISTING CARPORT IN THE FRONT OF THE HOUSE HAS BEEN EXISTING SINCE PR PRIOR TO 2007.

THE HOUSE WAS TRANSITIONED IN 2023 HARDSHIP.

THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE.

TO THE, TO THIS PROPERTY IN THAT THE LAYOUT OF THE UNITS ON THE NARROW LOT IS UNIQUE TO THIS PARTICULAR LOT AND IT DOESN'T AFFECT ANYONE ELSE.

THE CARPORT WAS EXISTING PRIOR TO THE TRANSITIONING OF THE PROPERTY TO THE CURRENT OWNER.

THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE THIS HOG HARDSHIP DOES NOT AFFECT THE GENERAL AREA AS IT IS SPECIFIC TO THE LOT.

AND IT HAS BEEN IN EXISTENCE FOR SINCE 2007, AT LEAST.

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 PROPERTY IS LOCATED BECAUSE THE EXISTING CARPORT IS LOCATED FULLY ON THE LOT AND IN NO WAY AFFECTS ADJACENT CONFORMING PROPERTY.

IT ALSO HAS BEEN IN EXISTENCE SINCE PRIOR TO 2007.

DO YOU HAVE A PENDING AMENDMENT? OKAY, AGAIN, THIS IS A MOTION TO APPROVE MADE BY A BOARD MEMBER BY OWEN.

SECONDED BY CHAIR COHEN.

MICHAEL VAN OWEN? YES.

AL YES.

ITEM IS ITEM 10 C 15 20 24 0 0 4 5.

CONGRATULATIONS.

YOUR VARIANCE HAS BEEN GRANTED.

I NEED A MAGIC THROAT THINGY.

OKAY, NEXT

[10. C15-2024-0045 Justin Belmore 913 Capitol Court ]

JUSTIN BELMORE 9 1 3 CAPITAL COURT.

IT LOOKS LIKE WE'VE GOT YOUR PRESENTATION PULLED UP.

SO GO AHEAD AND STATE YOUR NAME FOR THE RECORD.

YOU'LL HAVE FIVE MINUTES.

APPRECIATE IT.

MY NAME IS JUSTIN BELMORE, UH, OWNER AND APPLICANT OF 9 1 3 CAPITAL COURT.

GENERAL OVERVIEW OF THE PRESENTATION.

I'LL GO INTO PROPERTY, LOCATION AND GENERAL SUBDIVISION, UH, OVERVIEW AS WELL AS SOME AREA CHARACTERISTICS.

QUICK OVERVIEW OF THE VARIANCE REQUESTED AND THE, UH, HARDSHIP.

AND THEN THE INITIAL CONCEPT DESIGN.

SO THE VARIANCE THAT WE'RE REQUESTING TODAY, OR I'M REQUESTING TODAY, IS TO REDUCE THE MINIMUM LOT SIZE FROM 57 50 TO 51 58, THE ACTUAL LOTS, UH, SQUARE FOOTAGE OF MINE IN ORDER TO DO A TWO UNIT STRUCTURE.

SO HERE'S THE PROPERTY LOCATION WE'RE INSIDE OF MOPAC AND 35 JUST SOUTH OF KANIG STREET AND NORTH OF 45TH STREET, JUST NORTH OF THE THE TRIANGLE.

HERE'S THE ORIGINAL PLAT.

AS YOU NOTICE, UH, OR HATCHED IN, IN RED, THERE IS, UH, MY LOT, LOT 19 WITH A FRONT COURT OF 26 UH, FEET.

IT'S BEEN UNCHANGED.

UM, ALTHOUGH CAPITAL COURT HAS GONE THROUGH A LOT OF TRANSITION IN 108 YEARS OF HISTORY, I'M PLEASED TO SEE THAT NO LONGER THE ASYLUM GROUNDS IS MY NEIGHBOR.

UM, UH, BUT A LOT OF POSITIVES HAVE COME.

ALRIGHT, SO YOU, ON THE RIGHT IS THE, UH, THE ZONING MAP OF MY NEIGHBORHOOD AND ON THE LEFT IS A BLOWN UP AERIAL OF THE, UH, CIRCLED IN, UH, WHAT'S HIGHLIGHTED THERE IS THE RESIDENTIAL OR THE REMAINING RESIDENTIAL LOTS ON CAPITOL COURT.

THERE'S 19 RESIDENTIAL LOTS REMAINING, UH, OF THE 33 14 HAVE BEEN REZONED OR RE PLATTED INTO MULTIFAMILY OR COMMERCIAL.

ON THE LEFT, IF YOU NOTICE, BLOWN UP, THERE'S A, UH, SIX STORY PARKING GARAGE THAT'S, THAT IS, UH, FOR THE HEALTH, THEIR STATE HEALTH FACILITIES.

UM, AND THEN THAT'S A, A DRIVEWAY DIRECTLY BEHIND MY HOUSE.

AND COINCIDENTALLY THERE'S A, UH, FIRE HYDRANT DIRECTLY BEHIND.

UH, AND THEN ANOTHER FIRE HYDRANT ON MY NEIGHBOR'S LOT JUST TO THE EAST.

AND NINE, THOSE ARE JUST SOME EXISTING 80 USED IN THE FRONT WITH A SHARED DRIVEWAY, PRIMARY UNIT IN THE BACK AND THEN IN GREEN.

SO HERE'S, UH, THE ORIGINAL PLA AND THEN KIND OF SOME OF THE, UH, EVOLUTION OF CAPITAL COURT.

AND I'LL WORK QUICKLY, CLOCKWISE BLOCKED IN AND BLUE ON THE NORTH SIDE.

UH, ON THE NORTHERN BLOCK.

THE FIRST FIVE LOTS HAVE BEEN REZONED INTO COMMERCIAL.

AND NOW OUR EXISTING, UH, COMMERCIAL RETAIL, UH, THE TWO LOT SIX AND SEVEN, THAT'S MULTIFAMILY.

UH, LOOKS LIKE A SINGLE RESIDENCE TO ME.

AND THEN, UH, EIGHT

[01:15:01]

THAT'S THE MOST RECENT CONSTRUCTION ON MY LOT AND WHAT I'M SEEKING TO DO, THIS WAS DONE UNDER THE OLD NEIGHBORHOOD PLAN, WHICH IS A PRIMARY UNIT IN THE FRONT, A DU IN THE BACK SERVICED BY, UH, A SINGLE GARAGE.

AND, UH, OH, AND I HIGHLIGHTED, UH, THE FOUR CUL-DE-SAC LOTS THERE.

THOSE WERE RE PLATTED INTO THREE.

UM, MY LOT 19 LOT 20 AND LOT 14 ARE THE ONLY LOTS ON CAPITOL COURT BELOW 57 50.

ALL THE OTHER LOTS PER PUBLIC RECORDS APPEAR TO BE GREATER THAN 57 50.

THE RECTANGULAR.

UH, ACTUALLY NEXT SLIDE.

UH OH, IT'S THE NEXT ONE.

BUT , IT'S ALRIGHT.

ALRIGHT, SO HERE'S THE HARDSHIP.

UM, WHICH AGAIN IS JUST, UH, TO REDUCE THAT MINIMUM LOT AREA.

UM, MY HARDSHIP IS THAT I'M ON A CUL-DE-SAC.

I HAVE A TRIANGULAR SHAPE LOT WITH A VERY NARROW LOT FRONTAGE OF 26, UM, 26 FEET.

UH, THE TWO, UM, THE TWO IMAGES ON THE LEFT, UM, THAT KIND OF JUST SHOWS YOU WHAT MY, UH, MY NEIGHBORS CAN DO WITHOUT A VARIANCE.

THEY CAN GO IN AND DO THREE UNITS.

UM, AND THEN ON THE RIGHT THERE, THAT'S AN EXAMPLE IN THE CODE OF WHAT, YOU KNOW, A, UH, A CUL-DE-SAC LOT COULD DO.

THEY COULD DO A FLAG LOT.

BUT BECAUSE MY LOT IS SO NARROW, I, I BELIEVE, UH, I'M FAIRLY CERTAIN THAT IT WOULD REQUIRE ADDITIONAL VARIANCES, AT LEAST IMPERVIOUS COVER WITHIN THE FRONT SETBACK IF YOU WERE TO REDUCE THE, THE AREA IN THE FRONT.

ANY FURTHER? NEXT SLIDE.

SO THIS IS THE PROPOSED DEVELOPMENT.

UM, YOU KNOW, AS YOU SEE ALL THE PERCENTAGES ON THE LEFT THERE, 54.8 FAR, UM, THAT'S BELOW THE MAX ALLOWABLE OF 55%.

UM, AND IF YOU ADD UP THAT 20, UH, 2,831 SQUARE FEET DIVIDED BY 51 58, THAT'S WHERE YOU COME UP WITH 54, UH, 0.8%.

SO ALL OF THIS IS ALL THE IMPERVIOUS COVERAGE, BUILDING COVERAGE, UM, AND FAR ARE BASED OFF THE ACTUAL LOT AREA.

UM, AND THEN ONE OTHER NOTE THAT I'LL POINT OUT IS, UH, THERE IS 10 FEET SEPARATION BETWEEN THE TWO UNITS.

UM, AND WITH THAT I'LL STOP AND OPEN FOR QUESTIONS.

IS THERE ANY OPPOSITION? YEAH.

THAT YOU'VE LIVED THERE HOWEVER LONG YOU LIVED.

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

QUESTION FOR STAFF.

HOW IS THIS NOT FALL UNDER HOME TWO HMM.

MAY I ADDRESS? OH, DO YOU HAVE AN ANSWER FOR THAT? I, I DID ASK AND THEY SAID HOME TWO DOES NOT REMOVE THE 51 OR 57 50 57 50 THAT, UM, THAT, YOU KNOW, UH, IN ORDER, IN ORDER TO DEVELOP, YOU WOULD HAVE TO SUBDIVIDE AND THAT WOULD ADD COST TIME.

AND LIKE I MENTIONED EARLIER, ADDITIONAL VARIANCES, WHETHER IT'S, UH, THE FRONT SETBACK, IMPERVIOUS COVERED, MINIMUM LOT SIZE, I BELIEVE ALL OF THOSE.

THAT'S ALL RIGHT THOUGH.

SO FOR THE, FOR HOME TWO, UNLESS THE EXISTING MOD IS ALREADY UNDER, UH, 57 50 A SUBDIVISION APPLICATION REQUIRED, BUT IT'S NOT REQUIRED IF IT'S UNDER 57 50, WHERE ARE YOU AT? YOU'RE AT A 50.

I'M 51 58.

51 58.

I THINK THAT WAS ADDRESSED IN HOME TOO.

SO THAT'S UNDER LEGAL OPINION CODE SECTION.

COME ON.

BRAINIAC CODE SECTION.

I'M WORKING OF COURSE.

UH, ERICA LOPEZ, ASSISTANT CITY ATTORNEY HOME ONE WAS ADDING THE NUMBER OF UNITS THAT COULD BE BUILT ON A LOT HOME TWO ADJUSTED FOR THE, UM, LOT SIZE IF YOU WERE BUILDING ONE HOME.

IT'S MY UNDERSTANDING, BASED ON THE APPLICANT'S PRESENTATION, HE'S PROPOSING TWO UNITS ON ONE LOT.

SO ONE HOME, ONE THOUGHT WE WROTE THAT.

SO WE, LIKE I HAD ABOUT, I THOUGHT WE HAD WRITTEN THAT.

HAVE YOU LOOKED AT THIS UNDER HOME ONE? YEAH, WE DID AND WE WERE TOLD THAT WAS NOT APPLICABLE.

THAT AND THEN, UH, I WAITED FOR HOME TWO THINKING THAT THAT WOULD CREATE THE AVENUE, UH, FOR ME TO APPLY WITHOUT A VARIANCE.

UM, AND THE RESPONSE FROM CITY STAFF WAS, NO, YOU'RE STILL GONNA REQUIRE VARIANCE BECAUSE HOME TWO DID NOT REDUCE, UM, THE MINIMUM LOT SIZE FOR TWO OR THREE UNIT USES.

AND YOU ARE GONNA MEET THE FAR REQUIREMENT AND PREVIOUS COVER REQUIREMENTS.

YES, SIR.

UM, I, I DO HAVE A CONCERN OVER THE, THAT 10 FOOT BECAUSE OF, UH, FIRE.

HAVE YOU LOOKED AT THAT WITH THE FIRE DEPARTMENT? UH, IF THAT, MY UNDERSTANDING IS IF YOU HAVE 10 FEET SEPARATION, THEN THERE IS NO FIRE SUPPRESSION, UH, NECESSARY.

BUT, UH,

[01:20:01]

THEY CHANGED IT ALSO.

WELL, THEY, THEY TOOK OFF THE SEPARATION FROM OUR ZONING CODES.

LIKE, BUT FOLLOW THE TECHNICAL CODE 15, WHICH IS JUST YOU BUILDING IRC.

AND WHAT, WHAT'S THE, UH, SO BUT WAIT, YOU SAID THEY'RE ATTACHED THOUGH, RIGHT? NO, THEY'RE NOT.

NORE DE DETACHED.

THEY'S 10 FEET SEPARATION FROM THE TWO UNITS.

UNITS.

WHAT YOU, WHAT ARE BUILDING YOUR EXTERIOR WITH? EXCUSE ME SIR, WHAT ARE YOU GONNA USE ON THE EXTERIOR? ON THE EXTERIOR? UM, LIKE BUILDING MATERIALS? YEAH.

UH, I, I DON'T KNOW YET.

DALE.

PROBABLY, UH, SOME TYPE OF A CEMENT HIDE PLANK TYPE CEMENT BOARD.

HE'S HAD, UH, WE'VE GOT SOME CONCEPTS DRAWN UP.

YOU'RE GONNA HAVE TO COME TALKING.

SORRY.

COME UP TO THE MICROPHONE.

STATE YOUR NAME FOR THE RECORD FOR US, PLEASE.

I'M, I'M DALE THORNTON AND I'M WORKING WITH HIM HELPING HIM, UM, WORK THROUGH THE PROCESS.

AND SO YOU'RE TALKING ABOUT A CEMENT BOARD, LIKE A HARDY PLANK OR SOMETHING OF, OF THAT NATURE.

HARDYS HARDY BOARD SIDING.

HE'S JUST GOT SOME CONCEPTS, BUT WE'D HAVE TO WORK THROUGH THAT.

BUT THAT'S A STYLE THAT LOOKS LIKE IT WORKED REALLY WELL THERE.

ONE THING THAT I THINK IS VERY IMPORTANT IS YOU LIVED THERE HOW LONG? EIGHT SE SEVEN YEARS.

SEVEN YEARS.

AND TENDS TO CONTINUE TO LIVE THERE AS WELL.

SURE.

AND THAT'S SURE.

AND I, AND I, I DO APPRECIATE THAT NOTE.

UH, I THINK THE CON THE ONLY CONCERN THAT ANYBODY HAD, 'CAUSE IT, IT CAUGHT MY ATTENTION TOO, WAS THE PROXIMITY OF THE TWO BUILDINGS.

IT USED TO BE YOU HAD TO HAVE 15 FEET, UM, BETWEEN THE TWO, BETWEEN THE TWO BUILDINGS FOR FIRE, YOU KNOW, FIRE SAFETY.

UM, NOW I, FROM WHAT I UNDERSTAND, SOME OF THAT HAS CHANGED AS YOU, INTERNATIONAL RESIDENTIAL COACHES, WHATEVER.

YEAH, IT'S IN THE BOOK, BUT, UH, THE, THE CITY IS, UH, IS SORT OF, UH, GOTTEN A LITTLE LOOSE ON THAT.

THIS, THIS IS A, I MIGHT ADD THIS IS AN EXTREMELY CHALLENGING LOT TO TRY TO GET BY WITH THE .

WELL, I, I AGREE.

THE HARD I AGREE WITH THE HARDSHIP AND EVERYTHING.

I MEAN, PERSONALLY, I WAS GONNA MAKE A MOTION TO APPROVE BECAUSE YOU HAVE A LEGITIMATE HARDSHIP WITH THE, WITH THE SHAPE OF THE LOT, THE IRREGULAR SHAPE OF THE LOT.

AND I UNDERSTAND THAT.

UH, THE ONLY CONCERN THAT I CAN TELL, YOU NEED ALL THE VOTES UP HERE AND IF SOMEBODY HAS A CONCERN, YOU, YOU KNOW, I WANT TO, I WANNA SEE IF WE CAN ADDRESS IT TO GET YOU ROLLING THERE.

BIT.

MAY I ADD ONE THING TO THAT NOTE, SIR? UM, WE STOPPED AT THIS POINT IN THE CONCEPT DESIGN ON THE LAST SLIDE WHERE I WAS REFERENCING 10 FEET SEPARATION.

UH, THAT'S MY BUILD.

DID YOU BRING THAT SLIDE UP REAL QUICK, PLEASE? YEP.

THAT'S MY BUILDER AND ARCHITECT'S, UH, INTERPRETATION OF THE CODE.

WE HAVEN'T GONE THROUGH FORMAL RE REVIEW.

I'M FUNDING THIS OUT OF POCKET AND DON'T WANT TO SPEND TOO MUCH IN THE DESIGN ONLY TO FIND OUT THAT WE HIT A DEAD END.

WE, WE GOT TO, OH, THIS IS NOT MINE.

UH, THANK YOU .

AND, AND SO WE'RE LIKE, HEY, YOU KNOW, WE HAVE A CONCEPT PLAN.

UH, WE GOT TOLD THAT WE CAN'T PROCEED WITH THIS DESIGN.

IF IT REQUIRES VARIANCE, AN ADDITIONAL FIVE FEET SEPARATION, I'LL, I'LL MAKE ONE OF THE UNITS SMALLER.

IT'S ITEM 10.

WELL NOW THAT WE HAVE THAT ON THE RECORD, UH, I'M OKAY WITH MAKING A MOTION TO APPROVE.

HE'S, HE'S ON THE RECORD THAT, YEAH, THEY, THEY WILL MAKE, IF THAT'S NOT ALLOWED, THEN THEY WILL ACCOMMODATE AND BUILD IT TO CODE, WHATEVER THAT DISTANCE IS GONNA BE.

THAT'S RIGHT.

YES, SIR.

OKAY, THEN I'M GOOD WITH IT.

I'LL MAKE A MOTION TO APPROVE.

THAT WAS THE FIRST THING THAT FLAGGED ME ON THIS.

I GOT A MOTION TO APPROVE ME BY BOARD MEMBER BY NOLAN SECOND.

BYE.

VICE CHAIR .

REASONABLE USE THE ZONING REC.

ANYBODY ELSE HAVE ANY QUESTIONS? MASTER CHAIR.

I WAS GONNA SAY, ANY OTHER QUESTIONS? I WAS JUST ROLLING.

SO .

OH, UH, I MEAN WE USUALLY DO ASK IF LIKE YOUR NEIGHBORS HAVE HAD ANY INPUT ON SOMETHING LIKE THIS.

I, I'VE ONLY HAD ONE NEIGHBOR REACH OUT AND UM, AND I DON'T KNOW IF I SHOULD SAY HIS NAME, BUT HE, YES, HE WAS IN SUPPORT.

UH, I DON'T KNOW WHAT HE SUBMITTED TO THE BOARD.

UH, BUT YOU KNOW, FACE TO FACE HE SAID HE WAS .

THERE WAS ONE LETTER OF SUPPORT, ONE YOU HAVE ONE IN SUPPORT AND ONE OPPOSITION.

SO IN MY BOOK IT CANCELED OUT.

I'M RULING WITH IT.

AND HE IS KIND OF IN THAT, NOT REALLY, YOU KNOW, HE'S KIND OF IN BETWEEN THE STATE HOSPITAL, THE STATE HOSPITAL AND UH, YEAH, MAYBE, UH, THE, THE DEATHS WERE BLIND.

ONE OF THOSE, RIGHT.

THAT'S CLOSE BY.

IT'S A TRO BY THE TRIANGLE.

AND JUST A WEIRD SHAPE.

UH, BOARD MEMBER BOW, UH, COMMISSIONER VANOWEN.

MY ONLY QUESTION IS REALLY, IS, IS THE FIRE, IS MY FIRE ISSUE AND I, UM, YOU CAN MAKE A FRIENDLY AMENDMENT.

UH, COMMISSIONER.

YEAH, I JUST WANNA MAKE SURE THIS MEETS THAT THIS IS DONE ONLY AND ONLY IF THE FIRE DEPARTMENT, THOSE PEOPLE SIGN OFF ON THIS SAYING.

'CAUSE I KNOW THERE'S A LOT OF CONTROVERSY RIGHT NOW OVER WHAT THE FIRE CODE SAYS VERSUS WHAT THE COUNCIL'S TRYING TO PUSH THROUGH.

UM, BEING AROUND THIS FOR A LONG TIME AND MAKING SURE THAT NO FIREFIGHTER GETS HURT DUE TO A SHORT SPAN BETWEEN TWO BUILDINGS, THAT THAT'S,

[01:25:01]

SO COMMISSIONER BOND, WOULD IT BE OKAY WITH YOU IF WE HAVEN'T I HAVE THE ANSWER.

I SORRY.

'CAUSE LIKE THESE PLANNING COMMISSION MEETINGS WENT ON FOREVER.

IT'S UH, A ONE HOUR OF SEPARATION BETWEEN TWO STRUCTURES.

SO HE, REGARDLESS OF WHETHER THERE'S A LOT MINE OR NOT, SO HE'D HAVE TO HAVE A ONE HOUR SEPARATION ON ONE WALL AND, AND ON THE EXTERIOR WALL ON ONE AND THE EXTERIOR WALL ON THE OTHER.

IF HE YEAH, IF HE'S USING THE CEMENT, CEMENT SACIOUS BOARD OR HARDY YEAH, IT THAT IS HARDY SHOULD MEET THE ONE HOUR THAT IT SHOULD, I MEAN IT MAY HAVE A OPENING LIMITATION, BUT RIGHT.

I I THINK THAT IF THE FIRE DEPARTMENT APPROVES THE PLAN.

YEAH, I I I WAS GOING TO SUGGEST, UH, COMMISSIONER BOWING, IF YOU'D LIKE TO MAKE A FRIENDLY AMENDMENT THAT, UH, THAT IT MEETS, NOT, NOT CITY CODE, BUT FIRE CODE.

THEN I, I, 'CAUSE IT SOUNDS TO ME LIKE HE'S, HE'S OPEN TO MEETING THAT.

SO YEAH, I, I'M JUST, I'M VERY CONCERNED JUST ABOUT THE FIRE CODE ITSELF.

I OKAY.

THAT'S, IT'S, IT'S, IT'S A LIFE SAFETY ISSUE FOR ME.

WE WON'T COME BACK FOR A VARIANCE ON THE FIRE CODE.

WE'LL WE'LL DESIGN THE STANDARD CODE.

I'M GOOD.

ANYTHING ELSE? MADAM CHAIR? REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DID NOT ALLOW FOR REASONABLE USE BECAUSE THE RESTRICTION IS AS APPLIED TO THIS PROPERTY, INTERFERED WITH THE REASONABLE USE OF THE PROPERTY, CONSIDERING THE UNIQUE SETTLING OF THE PROPERTY AND IN, IN ITS ENVIRONMENT, THE HARDSHIP FOR WHICH A VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT THE IRREGULAR SHAPE OF THE LOT IT WHICH WAS PLATTED IN 1916 BEFORE THE CITY ADOPTED THE MINIMUM LOT STANDARDS IS LOCATED ON THE CUL-DE-SAC, WHICH CAUSES THE SHAPE TO BE TRIANGULAR AND SLIGHTLY SMALLER IN ONE AREA IN THE AREA THAN OTHER LOTS WITHIN THE SUBDIVISION.

THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE OF THE 20 RESIDENTIAL LOTS WITHIN THE CAPITAL COURT SUBDIVISION, SIX LOTS ARE IMPACTED BY CUL-DE-SAC.

ONLY THREE HAVE A LOT AREA BELOW THE SUB 5 7 50 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 REGULATIONS OF THE ZONING DISTRICT IN WHICH PROPERTY IS LOCATED.

BECAUSE THE ORIGINAL CAPITAL COURT SUBDIVISION WAS COMPRISED OF 33 SINGLE FAMILY LOTS SINCE PLATING 11.

SINGLE FAMILY LOTS WERE REZONED TO COMMERCIAL STRIP RETAIL AND AUTOMOBILE REPAIR PARK.

WELL, THERE YOU DON'T HAVE A PARKING, SO THAT'LL BE FINE.

THAT'LL, I'LL STOP THERE MADAM CHAIR.

AGAIN, THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER BY OWEN, SECONDED BY VICE CHAIR HAWTHORNE.

JANELLE VAN ZANT? YES.

MICHAEL LAN? YES.

LOYAL? YES.

CONGRATULATIONS.

YOU'RE VARIANCE HAS BEEN GRANTED.

THANK YOU ALL VERY MUCH.

HAVE A GREAT NIGHT.

BEST OF LUCK.

HAPPY HOLIDAYS.

UH, ELAINE, COULD YOU MAKE A NOTE, UM, I'M GONNA FOLLOW UP WITH YOU AFTERWARDS ON THIS TO SEE IF WE CAN DETERMINE WHY THAT DIDN'T QUALIFY FOR EITHER HOME OR HOME TWO, SO I CAN BRING IT TO PC AND MAYBE GET THAT TWEAKED A LITTLE BIT.

IT'S THE LOT SIZE JESSICA, BUT SEE I THOUGHT WE HAD ADJUSTED FOR THAT.

NO, THAT'S ONLY IF YOU'RE GOING TO SUBDIVIDE AND MAKE A SMALL LOG THAT THEN SOMEBODY'S GONNA WANT TO COME PUT A SECOND STORY EDITION IN THE FRONT AND 'CAUSE IT'S NOT BIG ENOUGH.

11 C 15 20 24 0 0 4 7 BANI SINGAL FOUR DARRELL SR 4 9 0 6 LINWOOD STREET.

FOR FUTURE AGENDA ITEM, IF YOU DON'T MIND.

OH, DID I SAY THAT OUT LOUD? .

THESE ARE JUST THINGS I THINK.

ALRIGHT.

UH, ITEM

[11. C15-2024-0047 Bhavani Singal for Darrell Azar 4906 Lynnwood Street]

GOOD EVENING.

UM, I ACTUALLY HAVE THE HOMEOWNER WITH ME WHOSE MOTHER WAS BORN IN THIS HOUSE.

SO WE'RE TALKING ABOUT A HOUSE THAT'S BEEN IN THE FAMILY FOR GENERATIONS.

COULD YOU STATE YOUR NAME FOR THE RECORD PLEASE? YES, HAVANI SINGLE.

I'M THE ARCHITECT FOR THE PROJECT.

AWESOME.

AND YOU'LL HAVE FIVE MINUTES.

ALRIGHT.

UM, SO WE ARE HERE TODAY TO UM, GET VARIANCE ON UM, UH, PRIVATE RESIDENCE IN ON LINWOOD AVENUE.

UM, THE FIRST MAP IS TRYING TO SHOW YOU THE CONTEXT

[01:30:01]

OF IT.

SO IT'S ON LINWOOD, BUT RIGHT BEHIND IT IS, UM, TYLER STREET.

AND THAT KIND OF ENDS AT THE END OF THE STREET IF WE CAN SEE.

SO THERE'RE REALLY ONLY TWO HOUSES BELOW THE REC RECTANGLE THAT ARE SORT OF CONSIDERED THROUGH LOTS.

SO WHAT WE ARE HERE FOR TODAY IS, UM, A VARIANCE ON SETBACKS AND, UM, SINCE THIS, WE WENT TO THE CITY WHEN WE STARTED THIS PROCESS TRYING TO DIG UP INFORMATION ON THE EXISTING A DU.

AND SINCE IT WAS BUILT BACK IN 1946, THERE WERE NO RECORDS OF IT.

UM, AND IT WAS CONVERTED INTO AN A DU IN 19 PRIOR TO 1984.

SO NEXT SLIDE PLEASE.

UM, THIS IS A LITTLE, UM, NARRATIVE FROM THE CLIENT.

THE PROJECT IS ABOUT KEEPING A FAMILY TOGETHER.

THEY HAVE OWNED AND LIVED ON THIS PROPERTY FOR FOUR GENERATIONS.

MR. AZAR WANTS TO REMODEL THE GARAGE, A DU TO BE A HABITABLE RESIDENCE FOR HIS DAUGHTER, A FIRST YEAR TEACHER AT GRAHAM ELEMENTARY SCHOOL.

IT WAS BUILT IN 1937 IN ITS CURRENT LOCATION, ANNEXED BY 1946.

BEFORE TYLER WAS A STREET BEFORE ALL THE HOMES AROUND IT, WITH THE EXCEPTION OF HISTORIC RANCH HOUSE 14, SORRY, 4 8 1 1 SINCLAIR AVENUE.

THE SLAB OF THE STRUCTURE WAS POURED BY THE CURRENT OWNER'S GRANDFATHER, A MASTER CEMENT FINISHER.

AND IT IS STRONG AND A VALUABLE ASSET.

THIS PROJECT WILL NOT CHANGE THE STRUCTURES DISTANCE FROM THE STREET OR THE POWER LINES.

AND AUSTIN ENERGY HAS REVIEWED AND APPROVED THE DESIGN.

THE FAMILIES RESPECTFULLY REQUESTING SETBACK VARIANCES SIMILAR TO THOSE GRANTED TO IMMEDIATE NEIGHBORS.

THOSE NEIGHBORS AND OTHERS HAVE WRITTEN LETTERS SUPPORTING THE VARIANCES.

SO HERE'S SOME AERIAL VIEWS THAT WE WERE ABLE TO UNCOVER THAT YOU CAN SEE IN 1977, THE EXISTING A DU WHERE IT WAS IN 1984.

THE LITTLE BUMP THAT YOU SEE IS WHERE THE CURRENT RESTROOM IS, THAT LITTLE JOG THAT YOU SEE.

, HERE'S SOME OF THE EXISTING CONDITIONS.

UM, MY CLIENT IN THE RIGHT SIDE PHOTO, HE LIVED, I MEAN BACK THEN CAMERAS, YOU KNOW, HE DUG THROUGH MANY, MANY PHOTOS TO FIND ONE IMAGE TO SHOW THAT THAT HOUSE EXISTED BACK IN THE DAY.

UM, THIS IS THE CURRENT CONDITION, THAT'S THE CURRENT, UM, RESTROOM THAT WE'RE TRYING TO RESTORE.

THE HOUSE CURRENTLY IS, UM, THE CURRENT IMPERVIOUS COVERAGE ON THE LOT IS 32.65%.

AND WITH, UM, AS WE GO FORWARD, I'LL TELL YOU MORE ABOUT THE NEW IMPERVIOUS.

SO THE NEXT SLIDE PLEASE.

UM, THIS IS AGAIN TRYING TO SHOW YOU WHAT THE THROUGH LOT CONDITION IS.

UM, NEXT SLIDE.

UH, THIS IS THE EXISTING CONDITIONS.

YOU CAN SEE THERE'S A CURRENT KITCHEN IN THERE.

THERE'S A CURRENT, UM, BATHROOM.

SO ALL OF THIS SHOULD ADD UP TO IT BEING AN EXISTING A DU, BUT BECAUSE OF LACK OF DOCUMENTATION, WE CAN'T USE THAT CASE.

UM, THIS IS TRYING TO SHOW YOU THAT THIS IS WHAT THE CURRENT STRUCTURE LOOKS LIKE.

SO HE HAS A VERY CHARMING, UM, LOT.

HE HAS A GUARD GREENHOUSE, HE HAS A SHED AND A VEGETABLE GARDEN.

AND THIS LITTLE A DU IS SITTING RIGHT THERE.

SO IF WE WERE TO MOVE IT IN COMPLIANCE WITH THE NEW SETBACKS, THAT'S THE AREA WE WOULD HAVE TO TAKE OUT FROM THE FRONT FACING TYLER STREET AND PUSH IT TO THE BACK.

THAT WOULD IMPACT HIS WHOLE YARD SPACE.

THESE ARE SOME OTHER VARIANCES THAT WERE BEING GRANTED IN THE NEIGHBORHOOD.

FOUR, UH, 49 0 4 LINWOOD AND 2202 WEST 49TH STREET.

GO FROM 15 FEET TO THREE FEET AND THE SIDE FROM FIVE TO 2.4 FEET.

THIS IS A PROPOSED DESIGN.

WITH THIS DESIGN.

THE NEW IMPERVIOUS CO COVER GOES TO 42 POINT 17%.

UM, WE'RE ADDING A GRAND TOTAL OF 299 CONDITIONED SQUARE FEET.

UM, THERE IS A CARPORT EDITION AND WITH THAT THE IMPERVIOUS, BASICALLY THE SQUARE FOOTAGE IS 511 SQUARE FEET.

UM, SO THE CURRENT ROOF LINE, AS YOU CAN SEE FROM THE EXISTING PHOTOS, WE'RE MAINTAINING THAT DUE TO THE CONVERSATION WITH AUSTIN ENERGY.

THE CARPORT IS THE DASH LINE.

IT'S HARD TO SEE.

OH, IT'S THE DASH LINE.

IT ENCROACHES SIX FEET PAST THE SETBACK LINE.

UH, WRAP IT UP IN ONE SENTENCE FOR ME PLEASE.

UM, WE WOULD LIKE TO REQUEST A VARIANCE FOR THE FRONT SETBACK TO

[01:35:01]

SO THE REAR, REAR SETBACK, I'M SORRY, THE REAR SETBACK ON THE THREE LOT? YES.

AND IT'S ALL BECAUSE WE'RE TRYING TO KEEP THESE YEAH.

LET'S HOLD OUR QUESTIONS TILL WE CLOSE PUBLIC HEARING PLEASE.

IS THERE ANY OPPOSITION? NO, BUT I DID SIGN UP TO, UH, TALK ABOUT IT JUST SO I CAN, MY PERSONAL DO.

OH, HANG ON.

BECAUSE EVERYTHING YOU SAY HAS TO BE RECORDED.

LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND FIRE AWAY WITH YOUR QUESTIONS.

UM, SO BECAUSE THEY WANNA DO A REMODEL, IT DOESN'T QUALIFY FOR A SPECIAL EXCEPTION UNLESS WE WERE DO THE SHOW.

DID YOU GO TO THE HISTORY CENTER TO LOOK FOR A PERMIT DOCUMENTATION? YEAH, WE DID NOT GO TO HISTORY CENTER.

WE SPENT A LOT OF TIME WITH, UM, THE CITY OF AUSTIN, JUST THE REVIEW DEPARTMENT PLAN REVIEWS.

SO JUST AS A AN ASIDE, UM, THEY DIDN'T REALLY KEEP DRAWINGS MM-HMM.

AT ALL.

NOTHING REALLY.

THE, A LOT OF THE ELECTRONIC DIDN'T REALLY HAPPEN UNTIL COVID, BUT ABOUT 1990 IS WHEN YOU FIND AND EVERYTHING, THEY STARTED TO COMPUTERIZE IN 1979, KIND OF PARTIALLY.

SO ANYTHING THAT'S DEFINITELY BEFORE 1980 HISTORY CENTER, THEY ARE ON PERMIT CARDS AND THEY HAVE SAND BOARD MAPS AND EVERYTHING.

AND SO IF YOU'RE REALLY DOING RESEARCH JUST FOR FUTURE REFERENCE AND IT'S SOMETHING BEFORE 1980, JUST GO TO HISTORY CENTER AND THEY'RE LOVELY AND THEY'D LOVE TO HELP YOU.

SOUNDS GOOD.

SO WHAT MADAM CHAIR? YEAH.

YEAH, GO AHEAD.

SO BASICALLY WHAT YOU'RE ASKING FOR, WHEN I LOOK AT, AT YOUR PRESENTATION, I LOOK AT YOUR DRAWINGS AND I, AND I VAGUELY REMEMBER ONE OF THOSE OTHER, ONE OF THE OTHER VARIANCES THAT WERE GRANTED.

UH, BUT YOU'RE IN THE SAME SITUATION WHERE YOU, YOU WANT TO TURN THE BACK UNIT INTO AN A DU, BUT IT'S ALREADY FACING ANOTHER STREET.

IT'S FACING, UH, TYLER MM-HMM .

I BELIEVE.

AND THE MAIN RESIDENCE IS FACING LINWOOD? CORRECT.

SO REALLY WHAT YOU'RE TRYING TO DO IS JUST GET TWO UNITS IN THERE.

THERE'S AN EXISTING SLAB WHERE THAT OLD IS AND YOU WANT TO UTILIZE THAT SLAB.

SO YOU'RE NOT GOING TO REALLY, UM, BE MOVING THE FOUNDATION OF THAT.

YOU'RE GONNA PRETTY MUCH BE BUILDING IT.

I THINK IT'S REASONABLE.

I DO RECALL US DOING SOMETHING SIMILAR IN THAT AREA WITH THE, WITH THE OTHER ONE.

HOWEVER, I DON'T QUITE REMEMBER.

UH, IT, TYLER WAS AN ALLEY, BUT NOW IT'S A CUL-DE-SAC.

IS THAT WHAT YOU SAID IN YOUR, IN THE DOCUMENTS HERE? OKAY.

WELL I CAN SEE WHY, PROBABLY WHY THEY HAD RECALLING THAT THE REAR YARD WHEN IT WAS AT ONE TIME IN ALLY.

I'M GONNA MAKE A MOTION TO APPROVE.

ARE THERE OTHER QUESTIONS BEFORE WE JUMP IN ON THIS ONE? UH, BOARD MEMBER BOWEN? UH, ACTUALLY MY QUESTION KIND OF, THERE WAS A COUPLE COMMENTS THAT I NOTICED IN HERE THAT SAID AUSTIN ENERGY TALKED ABOUT THE MATERIALS.

CAN OH YES, I CAN EX EXPLAIN PLEASE.

SO, UM, ORIGINALLY THE DESIGN OF THAT LITTLE GABLE PORTION IN THE FRONT THAT'S FACING TYLER WAS MEANT TO BE A SHED ROOF IN ORDER TO HELP THE CLIENT EASILY, BASICALLY STAIRCASE, HE'S BUILDING IT HIMSELF UP TO THE SECOND FLOOR AND FRAME THAT UP.

UM, BUT WHEN WE WENT TO AUSTIN ENERGY, WE'RE IN THE FIRST ROUND, UM, WE HAVE OUR COMMENTS, AUSTIN ENERGY BASICALLY STOPPED US AND TOLD US THAT, UM, EVEN THOUGH WE'RE CLEARING THE, THE RADIUS FROM THE POWER LINES, UM, THEY STILL DIDN'T WANT US TOUCHING IT 'CAUSE WE WERE IN THE SEVEN FOOT SIX EASEMENT THAT THEY'RE WANTING TO KEEP CLEAR FOR MOST NEW CONSTRUCTION.

BUT IN THIS CASE, SINCE THE HOUSE IS EXISTING, THEY'RE GONNA ALLOW US TO KEEP IT AS LONG AS WE JUST KEPT THE SH THE GABLE ROOF AND JUST PUT A NOTE THAT WE'RE GONNA REPLACE THE ROOFING AND UM, REPLACE THE EXTERIOR SIDING AND THAT'S IT.

BUT THE SHAPE AND THE UM, DIMENSIONS OF IT HAVE TO STAY THE SAME.

ONLY LOOK AT, YOU KNOW, THE THING THAT HAS TO DO WITH THEIR POWER LINES, WHAT'S THE CLEARANCE, THOSE TYPE OF ISSUES.

'CAUSE ACTUALLY I WAS CURIOUS AS TO, I I I DIDN'T KNOW THAT, UM, AUSTIN ENERGY WAS RECOMMENDING DIFFERENT TYPES OF MATERIALS.

THEY'RE NOT THEY OH, DID THEY? WELL, NO, AND THAT'S THE WAY I READ IT.

DID NOT VERSUS YEAH, THE WAY I READ IT WAS THAT THEY WERE RECOMMENDING IT WAS APPROVED MATERIALS.

OH.

AND SO I'M TRYING TO FIND OUT, OKAY, IF THEY WERE, WHAT WERE THOSE MATERIALS? BECAUSE NO, THEY ONLY LOOK AT CLEARANCES.

THEY

[01:40:01]

AND, UM, A TO GO BACK WITH THE SAME MATERIAL THAT YOU HAD RIGHT.

TO GO IT'S ASPHALTIC SHINGLE I'M TAKING.

AND SO METAL IT'S METAL.

IT'S A METAL.

AND O BE METAL AGAIN.

IT SHOWS A METAL ROOF ON.

AND SO THEY'RE WANTING YOU TO GO BACK WITH THE SAME ROOF MATERIAL, IS THAT THEY WANNA KEEP THE PITCHED EXACTLY WHERE IT IS.

THEY DON'T WANNA ELEVATE IT ALL.

LEMME INTERRUPT REAL QUICK.

Y'ALL, CAN YOU COME UP TO THE PODIUM, PLEASE STATE YOUR NAME FOR THE RECORD AND REPEAT ALL OF THAT.

I'M SORRY.

I ALREADY GOT IT BY THE WAY.

WE CAN TELL WHAT YEAR THAT PICTURE WAS TAKEN BY YOUR SHORTS AND YOUR ES I KNOW, I, I HAVE TO ADMIT, THAT WAS ME.

YOUR NAME FOR THE RECORD, PLEASE.

I HAD THOUGHTS ABOUT PERHAPS NOT INCLUDING IT, BUT IT'S ALL I HAD YOUR NAME PLEASE.

SO MY NAME IS DARRYL AZAR AND I'M THE HOMEOWNER.

AND, UH, MY GRANDPARENTS BOUGHT THIS PROPERTY IN 1937.

AT THAT TIME, UH, MY GRANDFATHER BUILT A GARAGE AND THAT WAS LIKE NINE YEARS BEFORE IT WAS IN THE CITY LIMITS.

AND AT THAT TIME, TYLER'S STREET DID NOT EXIST.

IT WAS A COW PASTURE FOR A DAIRY FARM.

AND SO HE BUILT IT RIGHT UP NEXT TO THE EDGE OF THE LOT BECAUSE THERE WERE NO REGULATIONS AND HE WANTED, IT'S A VERY NARROW LOT, ONLY 50 FEET WIDE.

AND HE WAS TRYING TO FREE UP SPACE.

SO THAT'S WHERE HE PUT IT.

AND UH, THAT'S WHERE IT IS TODAY.

AND, UH, THEN SOMETIME LATER TYLER STREET CAME AROUND.

THAT STRUCTURE, UH, THAT BUILDING WE'RE GONNA RE RENOVATE IS OLDER THAN EVERY OTHER BUILDING FOR BLOCKS AROUND IT EXCEPT FOR THE, UH, HISTORIC FARMSTEAD.

UH, THE MORE, UH, HANCOCK FARMSTEAD, WHICH IS CATEGORY FROM IT.

UH, SO IT PREDATES MY HOUSE PREDATES ALL THE OTHER HOUSES AROUND IT.

THERE'S SOME FROM 39.

MINE WAS BUILT IN 37, SO MY FAMILY'S BEEN THERE A LONG TIME.

UM, OF COURSE THINGS CHANGE, REGULATIONS CAME, BUT YOU KNOW, WE JUST WANNA KEEP THE, THE, THE SLAB INTACT BECAUSE IT'S VERY STRONG, IT'S VERY SOUND.

IT'S BEEN EXAMINED BY AN ENGINEER AND THEN MAKE IT HABITABLE FOR MY DAUGHTER SO SHE CAN CONTINUE TO LIVE.

AND AUSTIN SCHOOL TEACHERS JUST DON'T MAKE THAT MUCH MONEY.

SO, CORRECT.

THAT, THAT'S THE, THAT'S THE GOAL.

AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

IT WILL BE A METAL ROOF THAT GOES BACK UP.

I'M STILL GOOD WITH IT.

IS OH, IT SOUNDS, IT SEEMS TO ME LIKE THEY BASICALLY, THEY DON'T WANT IT TO GET ANY BIGGER OR ANY CLOSER TO THE, TO THE LINES.

YEAH, THAT'S KIND.

NO.

IS THERE GONNA BE A DEMO ON THIS? LIKE HALF THE BUILDING OR? WELL, THE, THE, THE SIDE THAT'S FURTHEST FROM THE STREET SETBACK, THAT WILL BE A SECOND STORY PUT ON IT FOR A BEDROOM AND THERE WILL BE SOME INCURSION INTO THE, UM, YOU KNOW, RIGHT NOW IT'S TOO CLOSE TO THE NEIGHBOR'S HOUSE.

UM, AND THEY HAVE SIGNED A LETTER OF SUPPORT SAYING THEY SUPPORT THIS PROJECT.

IN THE LOCATION WHERE A BUILDING HAS EXISTED FOR EIGHT DECADES.

AND THEN RIGHT ON THE OTHER SIDE OF THEM, MY NEIGHBORS BRIAN, UH, BRIAN DIGGS, UH, HE, HIS FRONT DOOR IS WITHIN THE SETBACK AND HE HAD TO GET A, A, A SUBSIZED LOT VARIANCE AND SIDE LOT AND STREET VARIANCE.

AND THAT WAS GRANTED A FEW.

SO I'M BASICALLY JUST ASKING, IT'S THE SAME THING MY NEIGHBORS HAVE GOTTEN, UH, SO THAT I CAN, YOU KNOW, MAKE MY PROPERTY HABITABLE FOR MY FAMILY.

WE DID A LITTLE RESEARCH ON IT AND THE OTHER LINWOOD PROPERTY WAS GRANTED WITHOUT RESTRICTION AND JUST TO MEET THE REST OF CODE AND ZONING REQUIREMENTS THAT YOU HAVE.

RIGHT.

SO I'M, I'M, I'M THERE WITH THE, UH, MOTION TO APPROVE.

ANY OTHER QUESTIONS? COMMENT.

SO CAN, UH, DID I SEE YOUR HAND, UH, BOARD MEMBER KIM? WAS THAT SCRATCH SCRATCHING YOUR NOSE? OKAY.

REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY.

DO NOT ALLOW FOR RE YES.

NOBODY SECONDED THAT MOTION.

OH NO.

SORRY.

THAT WAS A, THIS IS A MOTION TO APPROVE MADE BY, UH, BOARD MEMBER OWEN, SECONDED BY VICE CHAIR HAWTHORNE.

REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE WHEN A EXISTING GARAGE WAS BUILT IN THE 1930S, CURRENT SET BY CURRENT SETBACKS DID NOT APPLY.

SO IT WAS BUILT VERY CLOSE TO THE PROPERTY LINES HARDSHIP.

THE HARDSHIP FROM WHICH VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT TYLER STREET IS A SMALL CUL-DE-SAC THAT MAKES THIS PROPERTY A THROUGH LOT NOW, RATHER THAN A PROPERTY WITH ALLEY ACCESS, THE SETBACK FOR A THROUGH LOT IS 15 FEET AT EACH STREET, RATHER THAN THE FIVE FOOT SETBACK REQUIRED FROM AN ALLEY, THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH A PROPERTY IS LOCATED BECAUSE THERE ARE ONLY THREE THROUGH LOTS IN THAT AREA.

AREA CHARACTER.

THE PROPOSED A DU ADDITION IN THE BACK OF THE LOT IS

[01:45:01]

THAT'S IT, MADAM CHAIR.

ONE MORE TIME.

THIS IS A MOTION TO APPROVE MADE BY A BOARD MEMBER BY NOLAN, SECONDED BY VICE CHAIR HAWTHORNE.

YOUR VARIANCE HAS BEEN GRANTED.

12 OR IS IT 12? YEAH, YEAH.

APPRECIATE A LOT.

AND YOUR, SO CAN I MAKE A MOTION FOR ADOPT THE CALENDAR IN ITEM 12? CAN I JUST DO IT ITEM

[12. Discussion of the November 14, 2024, Board of Adjustment activity report]

NO, THAT'S THE SO THIS IS THE BOARD ACTIVITY REPORT THE CALENDAR.

WE ALREADY DID.

THAT'S THE REPORT WE DID THE CALENDAR LAST.

MY SISTER WAS IN TOWN BOARD OF ADJUSTMENT ACTIVITY REPORT UP TO NOVEMBER 14TH.

[FUTURE AGENDA ITEMS AND ANNOUNCEMENTS]

13? ITEM 13.

13 IS, YOU'VE BEEN SICK.

EVERYBODY HAVE A MERRY CHRISTMAS? AND A HAPPY NEW WAS DISCUSSION OF THE READING OF THE FINDINGS? YEAH.

WHY THE CLERK'S OFFICE PULLED UP.

CAN WE ADD THAT AS A FUTURE AGENDA ITEM PLEASE? AND REQUEST THAT WE HAVE A REPRESENTATIVE FROM THE CLERK'S OFFICE TO EXPLAIN THEMSELVES.

AND THEN I THINK THAT'S IT EVERYBODY.

MOTION AJOUR.

THANK YOU FOR YOUR SERVICE.

THANK YOU FOR YOUR VOLUNTEERING ON THE BOARD OF ADJUSTMENT.

HAPPY, HAPPY, HAPPY HOLIDAYS.

HAVE A HAPPY NEW YEAR AND WE'LL SEE YOU IN 2025.