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[00:00:03]

5:42 PM

[CALL TO ORDER]

IT IS JANUARY 13TH, 2025.

WELCOME TO THE FIRST WARD OF ADJUSTMENT MEETING OF THE NEW YEAR.

WE HAVE A QUORUM AND I HEREBY CALL THIS MEETING TO ORDER.

LET'S CALL THE RULE.

MELISSA HAWTHORNE.

PRESENT.

TOMMY EATS.

HERE.

JEFFREY BOWEN.

HERE.

YOUNG J KIM.

HERE.

BIANCA MEDINA LAW.

HERE.

JESSICA COHEN.

I AM HERE.

BRIAN POT? HERE.

JANELLE VAN? HERE.

MICHAEL VON OLAN HERE.

AND MY UNDERSTANDING IS THAT MAGGIE WAS BROKEN DOWN, BUT MIGHT SHE BE JOINING US LATER? NO.

OKAY.

SO SHE'S OUT.

GO.

IS THERE ANY PUBLIC COMMUNICATION? NOPE.

ALL RIGHT.

LET'S START WITH THE

[APPROVAL OF MINUTES]

ITEM ONE.

THIS IS APPROVAL OF THE MINUTES OF THE BOARD OF ADJUSTMENTS.

SPECIAL CALLED MEETING ON DECEMBER 9TH, 2024.

MOTION TO APPROVE.

OKAY.

I HAVE A MOTION TO APPROVE MADE BY VICE CHAIR HAWTHORNE.

SECONDED BY BOARD MEMBER BOWEN.

ANY DISCUSSION? OKAY.

CALL THE VOTE.

TOMMY YATES.

YES.

JESSICA COHEN.

YES.

MELISSA HAWTHORNE? YES.

YOUNG CHEM? YES.

BRIAN PETITE.

YES.

JEFFREY BOWEN? YES.

JANELLE VAN ZANT? YES.

YES.

MICHAEL NELLON? YES.

AND BIANCA MEDINA.

LEAL? YES.

ALL RIGHTY.

THAT PASSES UNANIMOUSLY.

OKAY.

WE HAVE SOME

[Items 2 & 4]

POSTPONEMENT REQUESTS FOR TONIGHT.

OKAY.

ITEM TWO C 16 20 24 0 0 0 1.

THIS IS A SIGNED VARIANCE CASE FOR MICHAEL EVERETT FOR ROWDY DURHAM.

63 20 EDWARD BLUESTEIN BOULEVARD.

THEY'VE ASKED FOR A POSTPONEMENT TO MARCH 10TH AND THAT REQUEST HAS BEEN MADE BY THE NEIGHBORHOOD UNIVERSITY HILLS.

ITEM FOUR, THIS IS A PREVIOUSLY POSTPONED VARIANCE.

CAN YOU SEE? 15, 20, 24 0 0 3.

ONE.

VICTORIA HASE FOR AUSTIN AREA SCHOOL FOR DYSLEXICS.

2 6 1 5 AND A HALF HILLVIEW ROAD.

THEY HAVE REQUESTED A POSTPONEMENT TO FEBRUARY 10TH, 2020, 25.

THESE ARE WRONG.

25 FOR THE LAST ONE TOO.

2025.

SO WE'RE CLEAR POSTPONING TO MARCH OF 2025.

OKAY.

AND ITEM FIVE? YES.

C 15 20 24 0 0 4 0.

THIS IS, UH, LEAH BOJO FOR CHRISTO 600 CUMBERLAND ROAD AND 26 10 AND 26 12 SOUTH FIRST STREET.

THEY'VE REQUESTED A POSTPONEMENT TILL FEBRUARY 10TH, 2025, I BELIEVE.

UH, ITEM FOUR AND FIVE, I BELIEVE THIS WAS TO FURTHER WORK WITH THE NEIGHBORHOOD AND WAS REQUESTED BY THE APPLICANT.

ANY OTHER WITHDRAWALS OR POSTPONEMENTS? I DON'T, I DON'T KNOW IF WE NEED TO, AS WE HAVE PEOPLE HERE THAT MAY WISH TO SPEAK.

HAS ANYONE SIGNED UP TO SPEAK ON EITHER? OKAY.

THAT'S A YES.

UM, SO, BUT HOW CAN YOU STEP UP TO THE PODIUM? FIRST PERSON? RAISE YOUR HAND PLEASE.

AND, UH, MADAM CHAIR, YOUR HONOR, STATE YOUR NAME FOR THE RECORD REAL QUICK.

AND, AND YES.

WHICH ITEM ARE YOU SPEAKING ON? YES, UM, I, ITEM NUMBER FIVE, MY NAME'S PATTY SPRINKLE.

[00:05:01]

I'M THE PRESIDENT OF GALINDO ELEMENTARY NEIGHBORHOOD ASSOCIATION.

ITEM FIVE.

I JUST WANT TO JUST SPEAK TO THE POSTPONEMENT.

WE KNOW THAT THEY REQUESTED IT.

UM, HANG ON JUST A SECOND.

I'M JUST GONNA PULL THAT ONE OFF THE GENERAL VOTE AND WE'LL GET BACK TO IT.

YOU'RE OKAY.

IS THERE ANYONE HERE TO SPEAK ON ITEM FOUR? ITEM TWO.

OKAY.

DO YOU NEED A MOTION? WE'LL GET BACK TO YOU IN JUST A MINUTE.

WHY DON'T WE, DO YOU NEED A MOTION? MOTION FOR TWO AND FOUR? I'D LIKE TO MAKE A MOTION TO POSTPONE ITEMS TWO AND FOUR TO THE FEBRUARY.

IS THAT 10TH? MARCH 10TH FOR ITEM MARCH 10TH, ITEM TWO AND FEBRUARY 10TH FOR ITEM FOUR.

AND THEY'RE BOTH THE 10TH.

HOW ABOUT THAT 2025.

MOTION TO POSTPONE.

DO I HAVE A SECOND? SECOND.

OKAY.

SO AGAIN, THIS IS A MOTION TO POSTPONE ITEM TWO TO MARCH 10TH, 2025.

AND ITEM FOUR TO FEBRUARY 10TH, 2025.

LET'S GO AHEAD AND CALL THE VOTE.

TOMMY YATES.

YES.

JESSICA COHEN.

YES.

MELISSA HAWTHORNE.

YES.

YOUNG CHEM? YES.

BRIAN PETITE.

YES.

JEFFREY BOWMAN? YES.

JANELLE VANZANT.

YES.

MICHAEL LIN? YES.

AND BIANCA MEDINA.

AL? YES.

OKAY.

THOSE TWO CASES ARE POSTPONED 13TH RIGHT NOW.

OKAY.

SO WHAT WE'RE GOING TO DO IS WE'RE GOING TO DISCUSS THE POSTPONEMENT ONLY FOR C 15 20 24 0 0 4 0.

THIS IS 600 CUMBERLAND ROAD IN 26 10 AND 26 12 SOUTH FIRST STREET.

MADAM CHAIR, I THINK YOU NEED TO SWEAR IN THE PUBLIC.

OH, YOU KNOW WHAT? I AM WAY OUTTA ORDER.

YOU'RE RIGHT.

THANK YOU.

I SKIPPED STUFF.

OH, YES, BECAUSE I WAS TRYING TO HURRY.

UH, SO WE DID THAT.

WE DID THAT.

UH, JUST A REMINDER TO EVERYONE, PLEASE TURN OFF YOUR CELL PHONES, PUT 'EM ON VIBRATE FOR HOWEVER LONG THIS TAKES.

UH, HOPEFULLY WON'T BE TOO LONG.

IF YOU HAVE ANY QUESTIONS ABOUT YOUR, UH, PARKING VALIDATION, UH, YOU SHOULD HAVE GOTTEN A LITTLE PRINTOUT WHEN YOU PULLED IN THROUGH THE GATE.

AND THERE ARE SOME LITTLE PRINTOUTS OVER HERE WITH ANOTHER LITTLE QR CODE SCAN ONE, SCAN THE SECOND ONE, IT'LL LET YOU OUT FOR FREE.

UH, FOR EVERYONE WHO IS GOING TO BE GIVING TESTIMONY TONIGHT, I NEED YOU TO PLEASE STAND AND REMAIN.

AND WHAT I'M GONNA ASK YOU TO GIVE YOUR OATH OF AFFIRMATION, DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? YES.

ALRIGHT, THANK YOU VERY MUCH.

LET'S SEE.

OKAY, NOW WE CAN JUMP

[5. C15-2024-0040 Leah M. Bojo for Chris Affinito 600 Cumberland Road and 2610 & 2612 South 1st Street]

INTO ITEM FIVE.

IF THINGS HAVE BEEN PROPERLY DONE AND I'M NO LONGER GETTING SCOWLED AT.

THANK YOU ELENE.

APPRECIATE YOU, LOVE MY STAFF.

AND AGAIN, THIS IS FOR 600 CUMBERLAND ROAD 26 10 26 12 SOUTH FIRST, AND THIS IS JUST GOING TO BE FOR THE POSTPONEMENT.

DO WE HAVE ANYONE HERE, UH, FROM THE APPLICANT? OKAY.

SO WE'RE GONNA LET HER GO FIRST.

OKAY.

IF THAT'S OKAY.

GOOD EVENING.

TAMARIA DAVIS FROM THE JENNER GROUP.

UM, WE'RE RESPECTFULLY REQUESTING A POSTPONEMENT.

THIS IS OUR FIRST REQUEST FOR A POSTPONEMENT ALSO, UM, DUE TO THE SHORT DS.

AND WE WOULD LIKE FOR IT TO BE, UM, IN FEBRUARY SO THAT WE CAN REGROUP WITH OUR TEAM INTERNALLY TO SEE IF THERE'S ANY CHANGES THAT WE WOULD LIKE TO MAKE TO THE REQUEST.

ALRIGHTY.

THANK YOU.

AND I BELIEVE YOU WANTED TO SPEAK IN OPPOSITION AND THIS CAN ONLY BE ABOUT THE POSTPONEMENT.

THAT'S CORRECT.

NOT ABOUT THE MARRIAGE, THAT'S THE CASE.

THAT'S, THAT'S CORRECT, YES.

AND, UM, JUST THAT WE, WE ARE READY TO GO TONIGHT THAT, UM, I DID SPEAK WITH THE APPLICANT AGENT ON TUESDAY.

DIDN'T SPEAK WITH HER, BUT TEXTED AND SHE, YOU KNOW, WANTED TO TALK.

AND I SAID, IF YOU HAVE SOMETHING NEW TO CONVEY, WE'RE HAPPY TO HEAR IT.

UM, I DIDN'T HEAR BACK FROM HER, FROM HER UNTIL FRIDAY AFTERNOON, SO I FELT IT'S A LITTLE BIT OF A SHORT NOTICE.

WE ARE, OF COURSE, YOU KNOW, NOT GETTING PAID FOR THIS.

AND SO I JUST WANT TO JUST LET YOU KNOW, WE HONOR YOU THE REQUEST, YOU KNOW, WHATEVER YOU THE BOARD DECIDES TO DO, WE UNDERSTAND THAT THAT FIRST REQUEST THAT THEY PUT IN, UM, DIDN'T HAPPEN BECAUSE THERE WAS A LACK OF A QUORUM.

AND THAT FIRST REQUEST WAS BECAUSE THEY HAD TO POSTPONE BECAUSE THEY DIDN'T COME TO THE NEIGHBORHOOD THE FIRST TIME.

SO THAT'S WHY THAT HAPPENED.

SO

[00:10:01]

WE JUST, WE JUST WANNA BE TREATED WITH RESPECT HERE IN THIS PROCESS AND, AND TO LET YOU ALL KNOW THAT WE TOOK THIS VERY SERIOUSLY AND WE ARE READY, YOU KNOW, TO GO TONIGHT.

AND WE FEEL IT'S A PRETTY SIMPLE CASE.

SO THANK YOU.

THAT'S ALL I WANTED TO SAY.

THANK YOU FOR YOUR TIME.

THANK YOU VERY MUCH.

THANK YOU.

IS THERE ANYONE ELSE SPEAKING IN OPPOSITION? GOT ABOUT A MINUTE AND A HALF LEFT.

ANYONE ELSE SPEAKING IN OPPOSITION? NOPE.

OKAY.

LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND OPEN IT UP TO DISCUSSION ON POSTPONEMENT ONLY, NOT THE MERITS OF THE CASE.

I WILL START BY SAYING, TRADITIONALLY WHEN WE ONLY HAVE NINE BOARD MEMBERS, AND I, I, I FEEL REALLY BAD SAYING THIS 'CAUSE I KNOW THERE'S A LOT OF Y'ALL IN THE CROWD TONIGHT, BUT WHEN WE ONLY HAVE NINE MEMBERS, I REALLY LIKE TO GIVE FOLKS A FAIR SHAKE.

UH, FULL BOARD IS 11, UH, WITH ONLY NINE MEMBERS HERE, IT WOULD REQUIRE EVERY SINGLE PERSON TO VOTE YES.

AND IT DOESN'T GIVE ANY LEEWAY AT ALL.

AND I'VE ALWAYS FELT THAT'S A LITTLE UNFAIR, SO I'M GOING TO BE SUPPORTING IT.

I'LL MAKE A MOTION FOR THE POSTPONEMENT.

I, I THINK, UM, I DON'T THINK THAT I'D BE REALLY OPEN TO A POSTPONEMENT PAST FEBRUARY 10TH.

UH, SO I CERTAINLY HOPE THAT, UM, YOU CAN DO WHAT YOU NEED TO DO AND THAT WE CAN BE HERE ON FEBRUARY 10TH.

AND I'LL BE HERE FOR THE RECORD.

WE DON'T GET PAID EITHER, .

UH, YEAH, I KNOW.

AND, AND, AND THERE'S NO DINNER EITHER OR EVEN A, YOU KNOW, BOTTLES OF WATER.

NOTHING .

BUT, UH, I REALLY APPRECIATE Y'ALL COMING OUT AND YOUR COMMUNITY SUPPORT AND INTEREST AND, UH, UH, WHEN I SAW EVERYBODY THERE, I WAS KIND OF LIKE, OH, NO ONE, NO ONE GOT THE MEMO THAT THERE WAS A POSTPONEMENT REQUEST.

AWESOME.

SO THANK YOU.

SO MOTION TO POSTPONE TO FEBRUARY 10TH, 2025 HERE AT CITY HALL.

IS THERE A SECOND? I'LL RELUCTANTLY SEC SECOND THAT ADAM CHAIRS, BUT I'M ALSO IN AGREEMENT NO LONGER THAN THE FEBRUARY 10TH.

OKAY.

SO THIS IS A MOTION TO POSTPONE TO FEB 10TH, 2025.

ANY OTHER QUESTIONS, COMMENTS? BOARD MEMBER YATES, KIM? NOTHING.

OKAY, LET'S GO AHEAD AND CALL THE VOTE.

TOMMY YATES.

YES.

JESSICA COHEN.

YES.

BUT I WILL SAY WITH THIS MANY PEOPLE HERE, I WILL NOT BE SUPPORTING ANOTHER POSTPONEMENT AND I DON'T CARE IF SOMEONE'S HOUSE IS ON FIRE.

MELISSA HAWTHORN? YES.

YOUNG J KIM? YES.

BRIAN POTENT.

YES.

JEFFREY BOWEN? YES.

JANELLE VANZANT.

YES.

MICHAEL VAN OLAN? YES.

BIANCA MEDINA.

LEAL? YES.

OKAY.

THAT IS POSTPONEMENT.

IT'S BEEN GRANTED TO FEBRUARY 10TH, 2025.

THANK YOU GUYS FOR COMING OUT TONIGHT.

I REALLY APPRECIATE Y'ALL.

Y'ALL SHOULD GO EAT DINNER TOGETHER, SOME GREAT PLACES RIGHT AROUND THE CORNER NOW THAT YOU'RE ALL HERE AND OUTTA THE HOUSE.

THANK YOU.

UH, ALL RIGHT, MOVING ON.

SO, MADAM, MADAM CHAIR, UH, I AM NOT GONNA PARTICIPATE ON ITEM THREE, SO I'M GONNA LEAVE THE DA.

OKAY.

THANK YOU.

VICE CHAIR.

LET'S MOVE ON TO, IF I CAN FIND, WHERE DID ITEM THREE GO? SORRY, ONE SECOND.

ONE SECOND.

OH, TOTALLY PUT IT OVER THERE.

TWO.

OKAY.

ITEM THREE, THIS

[3. C16-2024-0002 Michael J. Whellan for Mark Worsham 12221 N. Mopac Expressway Service NB (Part 1 of 2)]

WILL BE ASSIGNED VARIANCE.

THIS IS C 16 20 24 0 0 0 2 MICHAEL J WILLIN FOR MARK WORSHAM.

1, 2, 2, 1.

NORTH MOPAC EXPRESSWAY SERVICE NORTHBOUND.

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

THANK YOU CHAIR.

UH, MEMBERS OF THE BOARD, MICHAEL WHALE ON BEHALF OF THE APPLICANT, ST.

DAVID'S HEALTHCARE IS REQUESTING ASSIGNED VARIANCE TO IMPROVE THE SIGNAGE SITUATION AT THE NORTH AUSTIN MEDICAL CENTER, PARTICULARLY ON THE MOPAC EXPRESSWAY SERVICE ROAD, WHICH IS DESIGNATED A SCENIC ROADWAY DE DESI ASSIGNED DISTRICT.

[00:15:01]

THIS IS NOT WORKING.

THERE WE GO.

OKAY.

THANK YOU.

THE VARIANCES ST.

DAVID'S HEALTHCARE IS SEEKING ARE PRIMARILY FOCUSED ON THE THREE SIGNS ALONG THE MOPAC EXPRESSWAY SERVICE ROAD, WHICH IS WHERE MOST PEOPLE APPROACH THE HOSPITAL AND MEDICAL FACILITIES.

I WILL, I WILL REVIEW EACH OF THOSE SIGNS INDIVIDUALLY IN A MOMENT.

THEY'RE LABELED ONE, TWO, AND THREE ON THE MAP THAT YOU SEE HERE.

ST.

DAVID'S HEALTHCARE IS ALSO SEEKING A VARIANCE FROM TWENTY FIVE TEN ONE TWENTY FOUR B, WHICH LIMITS LOTS TO ONLY ONE FREESTANDING SIGN EACH TO ALLOW FOR SIGNAGE AT EACH ENTRANCE BETTER, ENSURING THAT THOSE WHO ARE SEEKING HELP CAN QUICKLY GET TO THE CORRECT HOSPITAL ENTRANCE.

PLEASE NOTE THAT OTHER THAN THE THREE ON THE SERVICE ROAD, THE OTHER SIGNS ARE NOT SEEKING ANY A MATERIAL VARIANCE THAT IS ST.

DAVID'S IS NOT SEEKING MORE HEIGHT, ILLUMINATION, OR GREATER SIZE FOR THE FIVE SIGNS THAT ARE NOT ON THE MOPAC SERVICE ROAD.

AS YOU MAY HAVE EXPERIENCED WHEN A PERSON IS IN A MEDICAL EMERGENCY, MAPPING LOCATION SERVICES ON A PHONE DO NOT ALWAYS GET YOU TO THE CORRECT FRONT DOOR.

PAIRED WITH THE REALITY THAT TYPICALLY PEOPLE ARE FRIGHTENED AND STRESSED IN THESE SITUATIONS.

CONFUSING NAVIGATION ONLY ADDS TO THE CHAOS OF THE MOMENT.

THE GOAL OF THIS VARIANCE IS TO IMPROVE WAY FINDING IN THESE STRESSFUL SITUATIONS, ESPECIALLY ALONG THE SERVICE ROAD.

WE ARE GONNA START WITH LOCATION ONE AT CEDAR BEND ON THIS MAP, WHICH YOU CAN SEE OVER ON THE LEFT, THE PROPOSED SIGN AT CEDAR BEND WILL BE SLIGHTLY LARGER THAN THE EXISTING SIGN, BUT WILL REMAIN BELOW THE MAXIMUM ALLOWABLE HEIGHT AND SQUARE FOOTAGE FOR LOCATION ONE ST.

DAVID'S HEALTHCARE, SEEKING A VARIANCE TO ALLOW INTERNAL FACE ILLUMINATION AND TO MOVE THE SIGN CLOSER TO THE RIGHT OF WAY THAN ALLOWED UNDER THE CODE JUST BY VERY LITTLE BIT.

BOTH OF THESE VARIANCES ARE INTENDED TO IMPROVE NAVIGATION ALONG THE SERVICE ROAD UNDER VARIOUS CONDITIONS, INCLUDING AT NIGHT AND DURING STORMS WHEN LIGHT IS LOW, NOTE THAT THE SIGN'S EXISTING LOCATION IS ALREADY RIGHT UP AGAINST THE RIGHT OF WAY.

SO THE VARIANCE FOR RIGHT OF WAY PROXIMITY IS JUST TO ALLOW THE NEW SIGN TO BE PLACED IN THE SAME LOCATION.

THE IMAGE IN THE TOP RIGHT IS THE CURRENT SIGN AND THE MOCK-UP BELOW SHOWS THE PROPOSED DESIGN, THE EXISTING CONDITIONS AND PROPOSED SIGN MOCK-UPS ARE IN THE BACKUP.

SO ALL THIS IS IN THE BACKUP, SO I'M GONNA GO TO THE NEXT SIGN AT THE MAIN ENTRANCE OR LOCATION TWO, THE PROPOSED SIGN WOULD NEED FOUR VARIANCES AS IT IS TWO FEET NINE INCHES TALLER THAN THE 12 FOOT MAX HEIGHT, STILL UNDER 15 FEET AND 47 SQUARE FEET LARGER THAN THE 64 SQUARE FOOT MAX AREA.

IT DOES HAVE INTERNAL FACE ILLUMINATION AND WOULD BE PLACED CLOSER TO THE CURB TO HELP WITH VISIBILITY AS CAR CARS APPROACH FROM THE SERVICE ROAD.

I SHOULD MENTION THAT THE SIGN, UH, DESIGN IS ALSO AN UPDATE TO CORRESPOND WITH THE ST.

DAVID'S HEALTHCARE SIGNS AT OTHER HOSPITAL CAMPUSES.

HERE YOU CAN SEE THE EXISTING PUBLIC UTILITY EASEMENT.

IT OVERLAPS WITH THE EXISTING MAIN ENTRANCE SIGN LOCATION.

THERE ARE OVERHEAD LINES HERE, AND WE ARE WORKING WITH AUSTIN ENERGY TO ENSURE THAT THIS NEW SIGN HAS PROPER CLEARANCE FROM THOSE SIGNS, WHICH IS WHY WE NEED TO MOVE THE SIGN CLOSER TO THE CURB.

THERE'S SOME REDDY REDUNDANCY WITH THESE SLIDES, BUT WE WANTED TO INCLUDE DIFFERENT ANGLES AND DAY TIME LIGHTING CONDITIONS.

NOTE THAT THESE PHOTOS DO NOT INCLUDE NIGHTTIME CONDITIONS, BUT YOU CAN SEE EVEN IN A CLOUDY CONDITIONS, THE EXISTING SIGN IS DIFFICULT TO SEE AGAINST THE TREES.

HERE YOU CAN SEE THE EX, UH, SORRY, THERE IT IS.

HERE YOU CAN SEE THE EXISTING AND PROPOSED SIGN SIDE BY SIDE, WHICH HIGHLIGHTS THE ADVANTAGES OF THE PROPOSED SIGN.

LOCATION THREE IS AT MOPAC AND PARK BEND.

BECAUSE OF EXPANSION OF THE HOSPITAL, THERE IS A WOMEN'S CENTER AND CHILDREN'S EMERGENCY ROOM, WHICH REQUIRES DRIVERS TO TURN ONTO PARK BEND BEFORE REACHING THE MAIN ENTRANCE.

WE BELIEVE THAT THE PROPOSED SIGN AT LOCATION THREE OFFERS IMPROVED WAYFINDING TO THE DIFFERENT EMERGENCY ROOMS AND DEDICATED WINGS WHEN COMPARED TO THE CURRENT SIGN.

THE VARIANCE, THE VARIANCES ASSOCIATED WITH THE SIGN ARE ADDITIONAL HEIGHT, ONE FOOT AND 11 INCHES, TWO ADDITIONAL SQUARE FEET AND INTERNAL FACE ILLUMINATION AND RELIEF FROM THE SETBACK REQUIREMENT TO ALLOW THE NEW SIGN TO BE PLACED IN APPROXIMATELY THE SAME LOCATION AS THE EXISTING SIGN SIDES 20 TO 22.

AS YOU CAN SEE, THE EXISTING SIGN CAN BE PARTIALLY BLOCKED BY CARS AT THE INTERSECTION, AND THE MUTED COLOR SCHEME MAKES THE SIGN HARD TO SEE AGAINST THE TREES AND LANDSCAPING.

THE SIGN FOLKS ALSO INCLUDED THIS SLIDE TO REMIND US OF SOME OF THE OTHER SIGNS ALONG THE NORTH MO UH, ALONG NORTH MOPAC SEVERAL POLE SIGNS THAT ARE MUCH TALLER AND INTERNALLY ILLUMINATED OVER 20 FEET INCLUDE THE CHICK-FIL-A BIG LOTS, WENDY'S, AND TACO CABANA.

WITH THAT, I'M AVAILABLE TO ANSWER, UH, ANY QUESTIONS.

THAT'S ALL I GOT.

THANK YOU VERY MUCH.

UH, AGAIN, THE ONLY THING I WOULD JUST END WITH IS, UH, THE LOCATION OF THAT ONE AND THREE ARE JUST APPROXIMATELY GONNA BE AT THE SAME LOCATION.

THE ONE THAT WE'RE MOVING CLOSER TO THE PROPERTY LINE IS BECAUSE OF THOSE ELECTRIC LINES IN THE MAIN LOCATION.

THANK YOU.

THANK YOU VERY MUCH.

ALL RIGHT.

IS THERE ANY OPPOSITION? CAN YOU SEE NONE? I'M GONNA GO AHEAD AND CLOSE THE PUBLIC HEARING, AND IF Y'ALL DON'T MIND, I HAVE SOME QUESTIONS FOR THE APPLICANT.

[00:20:05]

I HAVE A FEW QUESTIONS.

SO IT'S BEEN A HOT MINUTE SINCE I WAS AN EMT, BUT I REMEMBER ONE SPECIFIC NIGHT WHERE I WAS TRANSPORTING A PATIENT FROM BRACKENRIDGE TO BROOKS ARMY MEDICAL CENTER IN SAN ANTONIO.

AND IT WAS VERY, VERY FOGGY AND WE WERE DRIVING AS FAST AS WE COULD EVEN HAD TO TURN OUR LIGHTS OFF BECAUSE IT WAS SO FOGGY.

AND WHEN WE GOT THERE, I ENDED UP DRIVING AROUND THIS ONE LOOP THREE DIFFERENT TIMES UNTIL I CALLED THE EMERGENCY ROOM.

YEAH.

AND THEY TOLD ME WHICH STREET I WAS SUPPOSED TO TURN ON.

AND THERE LO AND BEHOLD, OUT OF THE DARKNESS WAS A BRIGHT SHINING RED EMERGENCY LIGHT.

WOULD THESE SIGNS HELP EMTS WHO ARE UNFAMILIAR WITH THE REGION WAY FIND THEIR WAY TO THE ER? YEAH, I, WE, WE THINK SO.

UM, LET ME, CAN YOU, I THINK WHAT HAPPENED IS THE ADDITION OF THE CHILDREN'S EMERGENCY ROOM, UM, UH, I HAVE TO GO BACK TO THE BEGINNING REAL QUICKLY, HAS, UH, CREATED, SO THERE'S, UH, UH, THERE'S AN EMERGENCY YOU CAN GET TO, THERE'S A CHILDREN'S, YOU CAN'T SEE IT VERY WELL, YOU COULD SEE IT IN YOUR BACKUP, BUT THE CHILDREN'S EMERGENCY ROOM IS, UH, OVER TO THE RIGHT WHERE THE FERAL CUL-DE-SAC AREA, IT SAYS CHILDREN'S ED.

YOU CAN BARELY SEE IT IN THE, AND THEN THE REGULAR ADULT EMERGENCY ROOMS OVER ON THE LEFT.

NONE OF THESE SIGNS ARE ILLUMINATED RIGHT NOW, AND THAT IS ONE OF THE CONCERNS.

UM, YEAH.

THANK YOU.

THAT WAS VERY HELPFUL.

NICE.

UM, AND, UH, I THINK IT'S FINE.

THE OTHER SIGNS, WERE NOT SEEKING ILLUMINATION ON THE OTHER SIGNS AT ALL, BUT THE SIGNS ON THE EXPRESSWAY, WHICH ARE THE SERVICE ROAD, ARE THE PRIMARY LOCATION.

SO THESE WILL NOW BE ILLUMINATED PRIMARILY BECAUSE OF CONDITIONS ON THAT COULD BE RAINY OR STORMY OR FOGGY.

UM, WE'RE ASKING FOR THAT.

WE'RE, WE'RE NOT SEEKING MUCH HEIGHT, AS YOU'VE SEEN.

THE HEIGHT DIFFERENCE IS NOT MUCH, A LITTLE BIT MORE SQUARE FOOTAGE ON THAT MAIN ONE.

BUT I THINK THE CONCERN IS MAKING SURE PEOPLE, THEIR PHONE MIGHT TELL 'EM WHERE THE HOSPITAL IS, BUT NOT NECESSARILY WHERE THE RIGHT ENTRANCE IS AND MAKING SURE PEOPLE TRY TO HIT THE RIGHT, UM, THE ENTRANCE.

AND SO ON THE THIRD, ON THE FIRST ONE THAT THEY SEE WHEN THEY'RE COMING, WE HAVE THE MAIN ENTRANCE, OBVIOUSLY WITH THE EMER, THE MAIN EMERGENCY ROOM, BUT WE'VE TRIED ON THIS PARTICULAR SIGN, WHICH IS THAT FIRST ONE ON THE SERVICE ROAD WHERE IT SAYS CHILDREN'S EMERGENCY.

WE'VE TRIED TO EMPHASIZE THAT IT'S EMPHASIZED IN THE EXISTING SIGN TOP RIGHT HAND CORNER, BUT IT'S NOT ILLUMINATED.

AND, UH, WE'RE TRYING TO GIVE THAT DID YOU WANT ELIMINATION? WE DO WANT ELIMINATION ON THESE SIGNS.

JUST ON, ON THESE THREE, NOT ON THE OTHER ONES.

OKAY.

OKAY.

UM, AND THIS IS FOR, UH, NORTH AUSTIN MEDICAL CENTER.

RIGHT? THIS IS THE NORTH AUSTIN MEDICAL CENTER.

SO THIS IS THE ONE WHERE THE ER IS ON THAT WEIRD RIGHT SIDE WHERE IF YOU DON'T TAKE THAT LITTLE DRIVEWAY INN.

RIGHT, RIGHT.

SO IT'S LIKE THE FRONT ENTRANCE, IT'S LIKE WAY OVER ON THE LEFT.

IT'S ON THE LEFT.

YEAH.

IT'S THE ONE, UH, IF HE'LL TAKE THE, IF HE'LL TAKE THE MOUSE AND SHOW HIM WHERE IT'S THE ADULT ED IS ON THE, UH, LEFT HAND SIDE.

UH, YEAH, RIGHT THERE.

THAT'S THE ADULT ED HAVE A, THE CHILDREN'S ED SCOPE, THE UNIT THERE TOO.

OKAY.

THAT, THAT'S IT FOR ME.

I'M CONVINCED.

THANKS.

ANY OTHER QUESTIONS? UH, BOARD MEMBER BOWEN? UM, FIRST OFF, I, I REALLY APPRECIATE THIS AFTER HAVING DEALT WITH SIGNS IN THE PAST ON SOME THINGS, BUT I'VE, I'VE REALLY GOT SOME QUESTIONS OR REALLY SOME ISSUES WITH YOUR, WITH YOUR PAPERWORK BASED UPON YOUR REQUESTING FOR IN ONE CASE, UH, ON ITEM B, UH, ONE, IT SAYS, ALLOWED UP TO 112 SQUARE FEET, YET ON THE PRESENTATIONS YOUR SQUARE FOOTAGE IS ON, ALL THESE DIFFERENT UNITS ARE UNDERNEATH THAT.

UH, SO I, I'M, I'M CONCERNED THAT THERE IS GOING TO BE, UH, A MISINTERPRETATION TO, SO TO SPEAK, BASED UPON WHAT, WHAT YOU'VE REQUESTED IN YOUR PAPERWORK VERSUS WHAT YOU HAVE ON YOUR PRESENTATION, UH, THAT THERE MAY END UP BEING SOME, UH, MAYBE SOME ISSUES AND THAT NOT BEING FOLLOWED THROUGH FOR THIS VARIANCE.

I'M GONNA LET APRIL ROMERO BROWN, THERE'S A REASON FOR THAT.

OKAY.

HI, APRIL ROMERO BROWN ON BEHALF OF THE APPLICANT.

UH, I BELIEVE THAT THE LARGEST SIGN THAT WE ARE SEEKING, WHICH IS THAT MIDDLE ENTRANCE IS 111 SQUARE FOOT SQUARE FEET.

SO I JUST GAVE IT A ONE FOOT BUFFER JUST FOR DESIGN CHANGES OR WHAT ENDS UP BEING PRINTED.

WELL, BUT YOU'RE, BUT IN THIS, IT'S NOT SPECIFYING WHICH ONE YOU'RE ACTUALLY TALKING ABOUT.

I SEE.

AND IT COULD BE INTERPRETED AS ALL OF THEM ARE DONE JUST AS EXACTLY AS IN YOUR DOCUMENTATION.

AND, AND I HATE TO BE A STICKLER ABOUT DOCUMENTATION, BUT WHEN YOU'RE ASKING US TO PROVIDE YOU WITH A VARIANCE

[00:25:01]

AND THEN SOMETHING GOES WRONG WITH THE WHOLE PROCESS.

NOW, NOW WE'RE THE ONES THAT'S BASICALLY, WHEN YOU TALK ABOUT IT, WE'RE, I DON'T KNOW IF WE'RE REALLY ON THE HOOK, BUT WE'VE NOW PROVED SOMETHING THAT'S BECOME VERY UNCLEAR BECAUSE I'LL BE VERY HONEST WITH YOU, I WENT AND LOOKED AT THE SITE MM-HMM .

UM, BECAUSE I HAD ENOUGH INF I HAD ENOUGH CONFUSION BASED UPON WHAT I WAS SEEING THROUGH THE PRESENTATION AND THE OTHERS THAT I DIDN'T UNDERSTAND WHAT YOU WERE DOING WITH THE OTHER FIVE SIGNS.

SURE.

UM, I SAW THINGS I THAT, UM, I DON'T PARTICULARLY AGREE WITH THE MAIN SIGN BEING MOVED OUT BECAUSE I THINK IT'S GOING TO BE AN IMPEDANCE TO, UH, FOR PEOPLE BEING ABLE TO WATCH THE, THE HIGH SPEED TRAFFIC, AS YOU NOTED IN YOUR PRESENT OR IN IN YOUR DOCUMENTATION, THAT CAN ACTUALLY MISS THAT TURNING BLOW RIGHT THROUGH IF THEY'RE NOT CAREFUL.

UM, ALSO AT THE MAIN SIGN, UH, YOU, YOU SHOW A PICTURE THAT THE POWER LINES ARE RIGHT OVER THE SIGN, AND THAT'S NOT TRUE POWER.

THOSE THAT THAT SIGN IS OFF THE POWER LINE.

IT MAY BE WITHIN THE EASEMENT.

YES.

BUT IT IS NOT DIRECTLY UNDERNEATH THE SIGN AS YOUR, AS YOUR ILLUSTRATION SHOWS.

SO THERE AGAIN, WAIT FOR THE QUESTION, QUESTION PLEASE.

I'M SORRY.

THERE AGAIN, I, I HAVE SOME ISSUES WITH THE WAY THIS WHOLE THING IS PUT TOGETHER AND UNLESS A LOT OF THIS IS CORRECTED, UM, I AM NOT IN TUNE TO DOING THAT.

I WILL AGREE THAT THERE, THAT THE SIGNAGE NEEDS SOME ISSUES THAT THE DARK COLOR, THEY ALL NEED TO BE A BRIGHTER COLOR.

I DON'T KNOW WHAT COLOR THEY'RE GOING TO BE, WHETHER OR NOT THEY'RE, UH, AS WHAT THEY'RE SHOWING IN THE PRESENTATION IF THEY'RE GONNA BE A BRIGHTER COLOR SO THAT THEY CAN BE SEEN.

BUT, UH, YES, THEY CAN BE KIND OF MUTED THE MAIN SIGN, UH, THE HOSPITAL ITSELF, THEY COULD HAVE REMOVED SOME OF THOSE PONS IN FRONT OF THEM TO, TO ALLEVIATE SOME OF THEIR OWN ISSUES THEIRSELVES.

BUT THERE AGAIN, I, I HAVE MAJOR ISSUES WITH, WITH THE WAY YOUR SQUARE FOOTAGES DON'T LIGHT UP AND SOME OF THE OTHER STUFF.

SURE.

SO I'LL START WITH YOU HAVE A QUESTION? OH, SPECIFICALLY? WELL, MY QUESTION SPECIFICALLY IS, WELL, I I'M JUST GONNA SAY I CAN'T, I'M NOT GONNA, I'M NOT GONNA PROVE A VARIANCE BASED UPON, UH, BECAUSE I'M NOT SEEING A COMPREHENSIVE, UH, IT, IT'S, IT'S TOO BROAD AND IT CAN BE TAKEN TOO MUCH BECAUSE YOU'RE DEALING WITH THREE SIGNS.

IF YOU'RE GONNA CORRECT THAT, THAT'S FINE, BUT AT THIS POINT IN TIME, I'M, I'M NOT GONNA, 'CAUSE WHAT I'M HEARING IS A FRIENDLY AMENDMENT TO TIE IT SPECIFICALLY TO EACH SIDE.

WELL, I'M, I JUST LIKE TO SEE PAPERWORK AND I'D LIKE TO SEE THINGS THAT COME TO US THAT ACTUALLY MATCH UP AND LINE UP VERSUS NOT HAVING, UM, HOW DO I SAY THIS? IT NOT MATCHING EXACTLY WHAT IS BEING SHOWN OR PROVIDED BECAUSE THERE ARE SOME OF US THAT DO GO LOOK AT SOME OF THESE WHEN WE'RE CONFUSED.

SO, UH, FRIENDLY AMENDMENT OR NOT.

I JUST THINK IT COULD HAVE BEEN, IT COULD HAVE BEEN REVIEWED PRIOR TO, UM, I'M SORRY, CAN YOU PULL UP, UH, ONE OF THE BOARD MEMBERS HAS TO BE SHOWING RIGHT NOW 'CAUSE WE'RE UNDER QUORUM.

THANK YOU.

BRING THAT PRESENTATION.

UM, YEAH, I THINK WE CAN BRING IT DOWN NOW, LIKE, UH, BOARD MEMBER BENZA, UH, UH, SORT OF ALONG LIKE TO MAYBE RESOLVE THIS ISSUE.

'CAUSE I, I TEND TO AGREE THOSE SIGNS ARE TERRIBLE AND I'VE GONE OUT TO THE MATERNITY CENTER MULTIPLE TIMES TO VISIT FRIENDS THAT HAVE DRIVEN PAST IT AND BEEN THERE MULTIPLE TIMES AND STILL DRIVEN PAST IT.

YEAH.

UM, SO I GUESS FOR YOU, APRIL, I'M WONDERING, CAN, CAN Y'ALL JUST CLARIFY SPECIFICALLY, UH, THE VARIANCES THAT Y'ALL ARE REQUESTING ARE THE ONES THAT WERE AND MR. WAYLAND'S PRESENTATION? YES.

SO IF, IF A MOTION TO APPROVE WERE DONE WITH THOSE, UH, PARAMETERS THAT WOULD BE SUFFICIENT TO YOU ALL? YES, ABSOLUTELY.

WE'RE COMFORTABLE WITH DIRECTION THAT TIES THE VARIANCE SOUGHT ON EACH OF THE EXHIBITS THAT WE SH I KNOW WE JUST TOOK DOWN THE PRESENTATION, BUT THAT HAS THE EXISTING SIGN IN THE CORNER, THAT SLIDE, AND THEN THE MOCKUP.

WE'RE VERY COMFORTABLE WITH DIRECTION THAT ASSIGNS THE VARIANCES TO EACH SIGN AS SHOWN ON THAT EXHIBIT.

BECAUSE I SAY I LIKE WHEN YOU'RE, YOU'RE, UH, MR. BOW, WHEN YOU'RE TALKING ABOUT, UH, WHY THEY'RE ALL TIED TOGETHER, I THINK IT WOULD BE, I IT'S A HOSPITAL.

I DON'T SHOULD THEY HAVE TO PAY FOR THREE SEPARATE REQUESTS? RIGHT.

NO, I, I I HAVE NO PROBLEM WITH IT.

I THINK SIGNAGE SHOULD BE VERY CLEAR AS TO WHERE WE NEED TO GO, THOSE TYPE OF THINGS.

UM, ALSO, ALL OF THOSE SIGNS ARE, HAVE GOT LIGHT SWITCHES ON 'EM.

SO THEY ARE, THERE'S ACTUALLY POWER TO ALL THOSE ACTUAL LIGHTS THERE NOW.

UM, BUT UM, AGAIN, I'M THE ONE THAT I, ARE Y'ALL DEAD SET AND WANTING TO PUSH THAT ONE AT THE MAIN ALL

[00:30:01]

THE WAY OUT TO THE ROAD? YEAH, SO WE, AND WE HAVE, WE DON'T HAVE IT UP, BUT UH, WHEN WE SUBMITTED OUR APPLICATION INTO AUSTIN ENERGY, THEY CAME BACK AND WE HAD TO GO AND ACTUALLY DO A NEW SURVEY.

BECAUSE YOU'RE CORRECT, THE OVERLY THE HOVER RED HEADLINES MAYBE A LITTLE BIT SHIFTED OFF, BUT THEY ARE WITHIN THE UTILITY EASEMENT.

AND SO WE CAN'T GET APPROVAL UNLESS WE'RE OUTSIDE AND UNLESS WE'RE IN COMPLIANCE WITH THE, UH, CLEARANCE REQUIREMENTS FROM AUSTIN ENERGY.

OKAY.

SO WE CANNOT HAVE THAT SIGN THERE.

WE CANNOT REPLACE IT.

IT'LL BE OUTTA COMPLIANCE AND AUSTIN ENERGY WON'T APPROVE IT.

OKAY.

SO YOU HAVE TO MOVE IT.

WELL, THAT WOULD'VE BEEN NICE TO KNOW THAT Y'ALL DIDN'T MEET THE COMPLIANCE WITH AUSTIN ENERGY WHEN YOU DID THAT VERSUS JUST SAYING, WE WANT TO OCH IT OUT.

IF IT DOESN'T MEET IT, THEN PLEASE.

FOR ME IT'S EASIER TO JUST SAY, AUSTIN ENERGY WON'T LET US PUT IT THERE.

SO THAT DOES IT.

WHAT, HOW DOES IT MEET TRANSPORTATION NOW? IS IT TOO FAR STICKING OUT FOR TRANSPORTATION FOR A HINDRANCE FOR THE ROAD? IT, THAT WOULD JUST BE, UH, UH, JUST GOES INTO THE R THE SIGNAGE OF THE RIGHT OF WAY REQUIREMENTS.

WE HAVE, WE WOULD ACTUALLY HAVE TO, IT GETS A LITTLE MORE COMPLICATED.

WE ACTUALLY WOULD THEN HAVE TO WORK WITH THE STATE ONCE WE GET THIS VARIANCE BECAUSE IT IS TEXT DOT RIGHT OF WAY.

SO IT STARTS, WE, THIS IS KIND OF STEP ONE AND THEN STEP TWO WITH THE TRANSPORTATION, UH, APPROVALS WILL COME AFTER WE HAVE APPROVAL FROM, IF WE WERE TO GET IT FROM THE BOA, SO WE GO HERE, THEN WE HAVE TO GO WORK WITH TECH OPS SINCE IT'S THERE RIGHT OF WAY.

OKAY.

IF, IF I CAN MAYBE ASK A CLARIFYING QUESTION.

IS THIS IN ANY WAY RELATED TO THE ORDINANCE THAT WAS, OR THE, THE CHANGE THAT WAS PASSED BY AE THAT EXPANDED THE AMOUNT OF DISTANCE, THE SIGNS AND, AND, UH, STRUCTURES HAVE TO BE FROM THE, OKAY, I FIGURED THAT'S WHAT TRIGGERED IT.

THAT'S CORRECT, YES.

OKAY.

UH, WHO ELSE? VIRTUAL MEMBERS.

ANY QUESTIONS? I HAVE A QUESTION.

UM, WE, YOU GUYS HAD MENTIONED LIGHTING, UM, TO BETTER ELIMINATE THE SIGNS.

UM, ARE YOU SUGGESTING LIKE A BACK LIT OR HOW ARE YOU PLANNING TO ELIMINATE THE SIGNS BETTER THAN ITS CURRENT CONDITION? SO TO YOUR POINT, BOARD MEMBER BOWEN, THEY CURRENTLY HAVE AN EXTERNAL UPLIGHT INTO IT.

UH, WE ARE TRYING TO, WE WERE SEEKING INTERNAL ILLUMINATION.

SO RIGHT NOW, PER THE SIGN CODE FOR SCENIC ROADWAYS, YOU CAN ONLY HAVE INDIVIDUAL LETTERS INTERNALLY ILLUMINATED.

WE WOULD LIKE TO HAVE THE ENTIRE THING ILLUMINATED AS ONE.

OKAY.

ANY OTHER QUESTIONS? MADAM CHAIR, BOARD MEMBER VAN? IT'S SOUNDING TO ME LIKE THE CLARIFICATION IS THERE FOR WHY IT'S NOT UNDER THE WIRES OR THE WIRE ISSUE.

THE LIGHTING AS WELL, WHICH I BELIEVE THE INTERNAL ILLUMINATION IS GONNA BE BETTER.

BUT WHERE ONE B DOES SAY WHERE, WHERE SPECIFICALLY, UH, WHICH SHEET OR WHAT NUMBER ARE YOU CALLING THE LIGHT? I MEAN, THE SIGN THAT YOU WANT TO TAKE TO 1 1 12 SQUARE FEET, THAT WOULD BE, IF YOU LOOK AT THE SLIDES, IT IS LOCATION TWO LOCATIONS.

YEAH.

IF YOU LOOK IN THE TOP LEFT OF EACH OF THE EXHIBITS, THEY HAVE IN RED THE VARIANCES THAT ARE REQUESTED.

SO YOU'LL HAVE IN THAT TOP LEFT SQUARE, YOU'LL SEE WHAT THE SIGN, WHAT THE CODE ALLOWS.

AND THEN ON THAT RIGHT COLUMN IN THE TOP LEFT, YOU'LL SEE WHAT WE'RE SEEKING.

LOCATION TWO ON SHEET.

WHAT, WHAT SHEET NUMBER IS THAT PRESENTATION? ? YEAH.

APOLOGIES.

THAT'S OKAY.

IT SHOULD BE SIGNED 11.

YEAH.

SIGN 10 OR 11? NO, THE SHEET, IT'LL HAVE A SHEET NUMBER UP AT THE TOP OF YOUR PRESENTATION.

WE, I'M SORRY, I DON'T KNOW IF YOURS DOES, BUT ALWAYS FOR NINE, SLIDE NINE SHOULD BE SLIDE NINE.

SO IF YOU HAVE THE PRESENTATION, IF THAT'S WHAT IT IS THAT YOU'RE LOOKING AT, CAN WE PULL UP SLIDE NINE REAL QUICK PLEASE? JUST TO THAT, LET'S MAKE SURE THAT'S THE RIGHT ONE.

AND THERE WE GO.

OKAY.

YES.

YEAH, WE CAN BLOW THAT UP THERE.

SO YOU'LL SEE HERE ON THE TOP LEFT, WHAT IS ALLOWED IS IN THE LEFT HAND COLUMN, THE RIGHT.

OKAY.

BUT WHAT I'M TRYING TO GET, SEE, I DON'T HAVE IT ON MY SCREEN HERE.

ITEM THREE NINE.

OKAY, THANK YOU.

YOU CAN TOUCH THE LITTLE DOODLE BOBBER AND HIT A TX 10 AND IT'LL SHOW UP ON YOUR, IT JUST CAME UP JUST NOW, BUT BEFORE ALL I HAD WAS, WAS, UH, CITY OF AUSTIN.

YEAH.

OKAY.

THAT'S, THAT'S WHAT I'M LOOKING FOR BECAUSE MY QUESTION NEXT IS TO MY FELLOW COMMISSIONER, IF WE, UH, THEY'VE CLARIFIED THE ISSUE ABOUT IT BEING UNDER THE WIRES AND WHY, WHY IT CANNOT, WHAT'S TRIGGERING THAT.

BUT IF WE MAKE THE, THE MOTION FOR B ONE B TO INCREASE THE MAXIMUM SIGN ON THE LOT FROM 64 FEET TO, UH, MAXIMUM LOT TO ONE 12 SQUARE FEET FOR LOCATION TWO

[00:35:01]

ONLY ON SHEET ON ITEM THREE OF NINE, DOES THAT GET YOU THERE? UH, COMMISSIONER, UH, YEAH.

THAT, THAT DOES.

AND BUT STILL AGAIN, UH, ITEM B OR B ITEM TWO WHERE IT SAYS INCREASE THE OVERALL HEIGHT FROM 12 FEET TO 17 FEET AS REQUESTING, UM, WHEN I WENT THROUGH ALL OF, ALL OF THESE, YOU HAD NONE OF THEM REQUESTING 17 FEET.

YOUR VARIOUS HEIGHTS WERE, UM, BASED UPON, UH, YOU HAD ONE THAT YOU WERE GONNA GO, UH, 10 FOOT 10 TALL, YOU WERE GONNA GO 14, NINE, YOU HAD ANOTHER ONE THAT YOU WERE GONNA DO, UM, ON THOSE THREE.

AND THE OTHER ONE WAS GOING TO GO, YOUR PRESENTATION SHOWS, UH, 1311.

SO YES, I'M, I DON'T, I DON'T MEAN TO GET IN WEEDS ON THE DETAIL.

NO, THAT'S FINE.

BUT THE DETAIL NEEDS TO BE ATTENDED TO.

YEAH, SURE.

UM, SO I'LL SAY, WELL, FIRST I'LL SAY THE ONE 11 MAKES SENSE HERE.

I WILL ALSO NOTE THAT WE ARE ASKING FOR ADDITIONAL SQUARE FOOTAGE BOARD MEMBER VAN OLIN, UM, AT LOCATION THREE.

SO WE WOULD NEED, IF WE WERE GOING TO TIE IT LOCATION TWO AND THREE.

YES.

SO THAT'S, THAT'S WHY I'M COMFORTABLE WITH DIRECTION THAT IS TIED TO THIS SLIDE.

PARTICULARLY, IT SHOWS EACH OF THE VARIANCES THAT ARE REQUESTED BY LOCATION.

OKAY.

UM, AND THEN AS FAR AS THE CONDITION, THE, THE, UH, THE NEXT ONE WHERE, UH, COMMISSIONER HAS CONCERNS ABOUT IT, WHICH IS LEGITIMATE, I FEEL ABOUT YOUR HEIGHT.

YES.

AND THAT CAME, THIS, THE NUMBERS HAVE GOTTEN MORE SPECIFIC AS WE'VE HAD THESE CONVERSATIONS WITH AUSTIN ENERGY.

SO WHEN WE INITIALLY PUT IN OUR APPLICATION, WE WERE LOOKING AT A 17 FOOT PILLAR TO GET ABOVE THE TRAFFIC AT THE FIRST INTERSECTION.

UM, BUT WE HAVE REDUCED THAT SINCE, UM, ONCE WE DID THE SURVEY AND WORKED WITH AUSTIN ENERGY, WE REDUCED THE HEIGHT.

SO AGAIN, WE ARE COMFORTABLE REDUCING THAT TO SHOW WHAT IS ON THESE EXHIBITS.

IT WAS A, YEAH, THERE, MICHAEL WAYLAND ON BEHALF OF THE APPLICANT, THERE WAS A POSTPONEMENT OF THE FIRST HEARING, RIGHT.

BECAUSE OF AUSTIN ENERGY'S CONCERN, WHICH IS WHAT PROMPTED A POSTPONEMENT AND A RESURVEY AND COMMUNICATION TO FIGURE OUT EXACTLY WHAT WOULD BE ACCEPTABLE.

BUT I THINK THE, THE CONCERN THAT, UH, COMMISSIONER BOWEN HAS AND I DO AS WELL, IS THAT WE'RE NOT GIVING A BLANKET VARIANCE SO THAT ALL SIGNS CAN GO UP TO 17 FEET.

ABSOLUTELY.

YOU SEE, AND UNLESS THEY'RE, UNLESS IT'S, IT'S QUALIFIED, THEN THAT WE'RE PRETTY MUCH GIVING A BLANK CHECK TO THAT.

THAT'S FROM OUR, FROM I TOTALLY UNDERST UNDERSTAND.

YEAH.

SO, UM, IF THERE'S GONNA BE MULTIPLE HEIGHTS FOR DIFFERENT, UH, FOR DIFFERENT SIGNS, UH, AND I WOULD LIKE TO PASS THIS TODAY.

UH, I MAY REQUEST THAT WE TABLE THIS AND GIVE THEM AN OPPORTUNITY TO GO BACK AND POINT, BECAUSE I'M NOT GONNA DO YOUR WORK FOR YOU.

NO, NO, NO.

ILL, MAYBE I CAN, CAN, I'LL HELP YOU.

I CAN SIMPLIFY IT A LITTLE.

BUT WHAT IS YOUR TALLEST SIGN? I, I, I THINK I CAN DO THIS IN 30 SECONDS, COMMISSIONER.

OKAY.

HERE'S LOCATION ONE.

IT'S CEDAR BEN, NO HEIGHT VARIANCE, NO SQUARE FOOTAGE VARIANCE.

SO SOLELY THE INTERNAL FACE ILLUMINATION AND THE, WELL, HERE'S, HERE'S THE, HERE'S THE ISSUE WITH THAT, SIR.

AND I APPRECIATE WHAT YOU'RE DOING BECAUSE THAT'S EXACTLY WHAT I WANT.

I UNDERSTAND.

CAN WE TIE, WHY DON'T WE JUST TIE IT TO, EXCUSE ME ONE SECOND.

I HAVE THE FLOOR, THE REASON I'M BRINGING THIS UP IS BECAUSE I'VE GOTTA READ THAT INTO THE RECORD.

UNDERSTOOD.

OKAY.

SO YOU TELLING ME I DON'T EVEN KNOW WHAT I HAD FOR LUNCH YESTERDAY.

I, I UNDERSTAND.

OKAY.

SO, UH, WHAT I WANNA DO IS GIVE A LITTLE BIT OF A BREAK OF TIME HERE.

WE CAN TAKE THE NEXT CASE YOU CAN PERFECT.

WRITE THAT DOWN.

PERFECT.

AND WE CAN LOOK AT IT AND READ IT INTO THE RECORD.

BECAUSE IF YOU TELL ME I'M GONNA BUTCHER IT, I TOTALLY, TOTALLY RESPECT THAT.

PREPARED TO DO THAT.

WE'LL, IF WE A TABLE, WE'LL TAKE, WE'LL STEP OUT AND WE'LL WRITE OUT EXACTLY.

DO YOU WANT US TO DO IT BY LOCATION, THE CORRESPOND WITH THE MAP? OR DO YOU WANT US TO CALL IT MOPAC AND CEDAR PARK? CEDAR BEND MOPAC, IF YOU HAVE THE DIAGRAM THERE, WE DO, UH, THE SAME ONE THAT WE'RE, WE'RE GONNA LOOK AT ITEM THREE OF NINE ON.

CORRECT.

OKAY.

WE WE'RE GONNA LOOK AT THE LOCATION FOR TWO AND THREE.

AND YOU DO IT ON THAT, ON THAT, UH, UM, UH, THAT PAGE THEN WE CAN NOT ONLY READ THAT INTO THE RECORD, BUT WE CAN GIVE THAT TO STAFF SO THAT THEY HAVE IT FOR THEIR RECORD TOO, SO THAT THERE'S NO CONFUSION.

OKAY.

AND, UH, SO I MEAN, I WOULD LOVE, BECAUSE I SUPPORT, I ALWAYS SUPPORT SIGNAGE FOR EMERGENCY SITUATIONS, HEALTH AND SAFETY IS NUMBER ONE.

SOME OF THE OTHER ONES ALONG THE SCENIC ROAD, NOT, NOT SO MUCH, BUT, UH, IF SO, IF I WOULD LIKE TO MAKE A MOTION THAT WE TABLE IT AND TAKE THE NEXT CASE AND THEN COME BACK TO THEM TO GIVE THEM AN OPPORTUNITY TO CLARIFY THAT SO THAT BOTH COMMISSIONER BOWEN AND EVEN MYSELF, WE WE'RE COMFORTABLE WITH, WITH WHERE YOU'RE COMING, WHAT, WHAT YOUR NEEDS ARE TO MEET YOUR NEEDS.

PERFECT.

SO ARE YOU SAYING THAT YOU WANT HIM TO PUT THE LOCATION ON THESE, UH, ON THESE PRESENTATION PAGES SO THAT THE LOCATION IS TIED INTO THE ASK FOR THE SIGN? YES.

[00:40:02]

YES.

BECAUSE OTHERWISE WE'RE GONNA, HE'S GOT DIFFERENT SIZES AND I KNOW WE COULD TAKE, I DON'T FEEL COMFORTABLE AND I DON'T THINK COMMISSIONER BOND FEELS COMFORTABLE WITH SAYING, WELL, WE'RE GONNA A MAXIMUM NOT TO EXCEED 17 FEET.

'CAUSE THAT MEANS EVERY SINGLE SIGN CAN GO 17 FEET.

THEN IF I COULD GO BACK TO MY ORIGINAL QUESTION, HOW TALL IS YOUR TALLEST SIGN? THAT WOULD BE AT LOCATION TWO.

IT'S 14 NINE, I BELIEVE.

YEAH, 14 FEET, NINE INCHES FOR THE SAKE OF EXPEDIENCY.

WOULD 14 NINE BE ACCEPTABLE FOR HEIGHT? WELL SEE.

BUT THAT'S JUST FOR ONE SIGN THAT YOU HAVE.

CORRECT.

IF, IF WE BLANKET ALL OF THEM AT 14, CAP THEM AT 14, NINE, I'M NOT COMFORTABLE WITH THAT BECAUSE I'M NOT SURE WHERE THESE OTHER SIGNS ARE GONNA BE SITTING AT 14, NINE, WHETHER THAT'S GONNA EVEN BE, UH, ADEQUATE OR NOT.

I MEAN, WE'VE NEVER DONE THAT BEFORE.

NORMALLY WE'VE ALWAYS HAD THEM BECAUSE SIGNAGE, SIGNAGE IS A, A SPECIAL CASE.

AND SO WE'VE NORMALLY HAD THEM SPECIFY EACH SIGN WHAT HEIGHT, BECAUSE EACH ONE HAS DIFFERENT NEEDS.

AND IF YOU GIVE A BLANKET TO IT, THEN I MEAN, I'M, I WOULD EVEN SUGGEST WHEN YOU WRITE THAT DOWN, MAKE IT 15 FEET.

BECAUSE I KNOW PEOPLE SETTING POSTS AND SIGNS ARE GONNA BE OFF A LITTLE BIT, BUT I'M NOT COMFORTABLE WITH THE, WITH I, I WOULD LIKE TO HAVE EACH SIGN HAVE ITS HEIGHT AND IF YOU'RE LIKE SIX FEET ROUND UP, YOU KNOW, ROUND UP A LITTLE BIT SO THAT YOU GOT SOME WIGGLE ROOM, BUT HAVE EACH SIGN SPECIFIC TO WHAT HEIGHT THEY WANT, BECAUSE WE'VE NEVER DONE IT THE OTHER WAY.

OKAY.

I THINK WE CAN DO THAT IN FIVE MINUTES IF WE CAN JUST TAKE A BREAK.

YEAH.

YEAH.

UH, VIRTUAL BOARD MEMBERS, DO Y'ALL HAVE ANY QUESTIONS? NO, I MEAN, I ALSO HAVE SIMILAR QUESTIONS BEFORE, UM, BOARD MEMBER BOWEN HAD BROUGHT IT UP, SO I'M GLAD WE'RE ADDRESSING IT NOW.

THAT WOULD MAKE ME FEEL MORE COMFORTABLE.

ANYBODY ELSE IN THE DAAS? IS THERE ANY OBJECTION TO TABLING THE MOTION TILL AFTER THE NEXT CASE? SO MADAM CHAIR, IT'S ME, ELAINE, SO WE WON'T BE ABLE TO ACCEPT ANYTHING.

UM, A DOCUMENT, HE, Y'ALL CAN READ IT INTO THE RECORD.

HE CAN READ IT INTO THE RECORD, BUT BECAUSE WE'RE HYBRID, WE CAN'T ACCEPT IT SINCE WE DON'T HAVE ALL BOARD BOARD MEMBERS HERE.

OR Y'ALL CAN POSTPONE IT TO GET DOCUMENTATION SO WE CAN ADD IT.

OKAY.

I WILL READ IT INTO THE RECORD, BUT I WAS, THAT'S ALL WE CAN DO IS YEAH, AND THAT'S OKAY BECAUSE ONCE IT'S IN THE RECORD, YOU CAN TAKE IT OFF THE VIDEO.

OKAY.

YEAH.

BUT I JUST DIDN'T WANT TO, BUT SEE, I THINK READING WOULD BE FINE.

WE DON'T HAVE TO SCAN IT IN OR ANYTHING.

YEAH.

OKAY.

SO LET'S SET THAT ASIDE FOR JUST A MINUTE AND GO TO FOUR SIX, ITEM

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

SIX AND I'LL WAIT FOR VICE CHAIR TO GET BACK UP ON THE DY HERE.

THIS IS GOING TO BE A C 15 20 24 0 0 4 1 THOMAS ER AND MEGAN ELENA ROSALES 1 6 0 7 WEST 10TH STREET.

HEY.

HI.

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

THANK YOU GUYS FOR, UH, HEARING MY CASE.

MY NAME'S THOMAS SHEER AND I AM, UH, SPEAKING ON BEHALF OF MY HOME THAT ME AND MY WIFE MEGAN ROSALES LIVE IN AT 1607 WEST 10TH STREET.

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

UM, THE FIRST ONE, IF YOU PLEASE REFERENCE PAGES THREE THROUGH SIX OF THE PACKET I, THAT I, UH, TURNED IN THREE THROUGH SIX WILL SHOW THE DEED AND LAND STATUS DETERMINATION.

AND WHAT THAT SHOWS YOU IS THAT OUR, OUR, OUR LOT IS VERY UNIQUE AND SMALL, PARTLY BECAUSE THE CITY, UM, WIDENED THE STREET ON, UH, WIDENED 10TH STREET AND USED PART OF THE PROPERTY, THE, THAT PROPERTY DURING THAT TIME.

ON PAGE 2 0 3 OF THE DEED, IT STATES THAT IN 1945 OR 71, I'M GUESSING AT 71, I CAN'T READ THE DATE.

UM, BUT KNOWING THE HISTORY OF THE NEIGHBORHOOD AND THE CITY NOT REALLY RECOGNIZING THE NEIGHBORHOOD, UM, UNTIL AT LEAST THE FIFTIES, I'M GUESSING IT'S 71.

MR. SHEER, I'M GONNA INTERRUPT YOU AND YEAH, PAUSE YOU FOR ONE SECOND.

I DID NOTICE THAT YOU HAVE A PRESENTATION SUBMITTED.

DID YOU WANT US TO PULL THAT UP ON THE SCREEN FOR YOU? YEAH, I'M SORRY.

I DON'T REALLY KNOW HOW IT WORKED.

I JUST, I JUST SUBMITTED THE PRESENTATION TO ELAINE.

THAT'S OKAY.

AND, UH, YEAH, SO LIKE, YEAH, SO WHEN YOU'RE READY FOR HIM TO ADVANCE TO THE NEXT SLIDE.

GOT IT.

JUST LET HIM KNOW NEXT SLIDE AND COOL.

YEP.

THANKS Y'ALL.

I APPRECIATE IT.

OKAY, GO AHEAD.

UM, SO YEAH, UH, UH, PAGES THREE THROUGH SIX ARE THE DEED AND, AND LAND STATUS DETERMINATION.

AND IT WILL SHOW THOSE THINGS THAT I WAS DISCUSSING THAT UM, IN 1971

[00:45:01]

THE PROPERTY WAS PURCHASED FOR $200 TO WHITE IN 10TH STREET.

THIS LEFT THE LOT.

UM, AND THE CURRENT INHABITANT DURING THAT TIME, JUST EXTREMELY SMALL LOT SIZE AND IN REDUCING THE TOTAL, UM, BUILDING COVER AND IMPERVIOUS COVER HARDSHIP NUMBER TWO, WHICH I THINK IS PROBABLY THE MOST UNIQUE TO THIS LOT PORTIONS OF OUR NEIGHBOR'S PROPERTY ARE ENCROACHING ONTO OUR PROPERTY TAKING APPROXIMATELY 202 SQUARE FEET AWAY FROM OUR TOTAL ALLOW ALLOWABLE BUILDING AREA.

UM, OUR NEIGHBOR'S LIVING ENTIRE LIVING ROOM AND ENTIRE DRIVEWAY ARE CURRENTLY ON OUR PROPERTY.

UM, WE ARE GOOD FRIENDS WITH OUR NEIGHBORS.

WE ARE NEIGHBORLY PEOPLE, WE'RE COMMUNITY MEMBERS IN OUR COMMUNITY AND WE DON'T WANT TO GO THROUGH THE COSTLY AND VERY UNNEIGHBORLY PROCESS OF HAVING THEM TEAR THEIR HOUSE DOWN SO THAT WE CAN HAVE MORE IMPERVIOUS COVER TO BUILD.

UM, THAT BEING SAID, THE DEVELOPER WHO DID BUY THE HOUSE RIGHT BEFORE WE BOUGHT IT DID GO THROUGH THAT PROCESS AND SUED THE FAMILY WHO HAD BEEN THERE FROM THE BEGINNING.

UM, AND THEY WERE THE ONES WHO BUILT THE HOUSE.

WE'RE NOT GONNA BE DOING THAT OBVIOUSLY.

SO THAT'S WHY WE'RE HERE TODAY.

IF THAT WASN'T THE CASE, WE WOULDN'T HAVE TO BE HERE 'CAUSE WE'D BE UNDER COMPLIANCE WITH HOW MUCH WE'RE TRYING TO BUILD ON THE PROPERTY.

UM, AND THAT IS ON PAGE SEVEN THROUGH EIGHT, YOU'LL SEE OUR SURVEY.

UM, AND YOU'LL SEE ALSO THE NEIGHBORING PROPERTY LINE ENCROACHMENT ON NUMBER EIGHT.

AND THEN, UM, THE THIRD, UH, THE THIRD HARDSHIP, WHICH IS UNIQUE TO THIS PROPERTY IS THAT PRE HOME TWO AMENDMENT, UM, THAT JUST PASSED THE CITY.

OUR HOME WAS UNDER SMALL LAW AMNESTY AND UNDER THE CLARKVILLE NEIGHBORHOOD PLAN, UH, WHICH ALLOWED FOR 65% PERVIOUS COVERAGE.

I KNOW LAST MONTH WHEN WE POSTPONED IT WAS BECAUSE WE WERE TRYING TO FIGURE OUT IF THAT ACTUALLY IS THE CASE, SPOKE TO THE REVIEWER, AND THAT IT DOES SEEM TO BE THE CASE THAT EVEN THOUGH WE HAD 65% PREVIOUS COVER, NOW WE, EVEN THOUGH WE'RE UNDER THAT NEIGHBORHOOD OVERLAY, YOU GO BACK TO THE ORIGINAL 45%.

I GUESS I DON'T UNDERSTAND IT 'CAUSE IT SEEMS LIKE IF YOU'RE TRYING TO HAVE MORE BUILDING ON A PROPERTY, YOU WOULD WANT TO HAVE MORE IMPERVIOUS COVER.

I'M NOT GETTING INTO THAT.

I DON'T REALLY UNDERSTAND IT, BUT THAT'S WHAT, AFTER A YEAR AND A HALF OF A YEAR OVER A YEAR OF TRYING TO, TO FIGURE THIS PROCESS OUT, THAT'S WHERE WE'RE AT.

AND SO I JUST WANNA MOVE FORWARD AND TRY TO SAY WE'RE GONNA ASK FOR A VARIANCE.

UM, IF YOU LOOK AT PAGE, IF YOU REFERENCE PAGE NINE THROUGH 19, YOU'LL SEE OUR APPROVED PLANS AND THE STAMP PLANS FOR THE HISTORIC LANDMARK COMMISSION.

SO WE'VE ALREADY BEEN THROUGH THAT PROCESS, UM, AND GOT THOSE APPROVED PLANS 'CAUSE OUR HOUSE IS A HISTORICALLY DESIGNATED HOME.

UM, AND FINALLY, UM, I'D LIKE TO JUST POINT OUT, UM, PAGES 21 THROUGH 24, YOU'LL SEE COMMUNITY SUPPORT, CLARKSVILLE COMMUNITY DEVELOPMENT CORPORATION, AND THE AWANA OLD WEST AUSTIN NEIGHBORHOOD ASSOCIATION HAVE BOTH WRITTEN LETTERS.

UH, I KNOW THE CLARKSVILLE COMMUNITY DEVELOPMENT CORPORATION 'CAUSE I WORK WITH THEM.

THE OLD WEST AUSTIN NEIGHBORHOOD ASSOCIATION ACTUALLY REACHED OUT TO ME TO ASK IF THEY COULD SUPPORT IT.

UM, SO, UM, YEAH, JUST WANTED TO THROW THAT IN THERE.

UM, LET'S SEE.

HAD A BEAUTIFUL PAPER PRINTED OUT SO I COULD ACTUALLY SEE, AND I FORGOT IT.

SO I'M LOOKING AT MY PHONE HERE.

YEAH.

FINAL NOTES.

THE HOUSE WAS IN COMPLETE DISREPAIR WHEN ME AND MY PARTNER BOUGHT IT.

WE, WITH OUR OWN TWO HANDS BROUGHT IT BACK TO THE RIGHTFUL GLORY THAT IT WAS.

WE DIDN'T HIRE ANYBODY, WE JUST KNEW HOW TO BE HANDY AND WE WENT THROUGH THAT PROCESS.

ALRIGHT, THANK YOU VERY MUCH.

THANK YOU, ALLALL.

IS THERE ANY OPPOSITION? OKAY, SEEING NONE, LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.

I HAVE A QUESTION FOR BOARD MEMBER VAN NOLAN, VICE CHAIR .

HAVE Y'ALL EVER HEARD OF OANA REACHING OUT TO ANYBODY TO SUPPORT SOMETHING? YES.

YES.

I ACTUALLY USED TO LIVE, I MEAN, NOT LIVE.

IT FEELS LIKE I LIVED THERE.

I WORKED IN OLD WEST AUSTIN FOR 17 YEARS AND THEY'RE ACTUALLY VERY LOVELY PEOPLE.

OH YEAH.

JUST, YEAH.

IT'S AWESOME.

I THINK, UH, I THINK IT WAS A REALLY GOOD PACKAGE THAT YOU PUT TOGETHER.

YES.

THANK YOU.

AND, UH, I'M, I'M INCREDIBLY PROUD THAT YOU SAVED THIS HOUSE AND LIKE TO MAKE A MOTION FOR APPROVAL.

THANK YOU.

SECOND.

APPRECIATE IT.

DID YOU, DID I HEAR A SECOND? SECOND.

SECOND.

UH, ANYBODY DOWN ON THIS END QUESTIONS? VIRTUAL MEMBERS QUESTIONS? NO.

OKAY.

FINDINGS, PLEASE.

SONY REGULATIONS AFTER THE PROPERTY DO NOT ALLOW FOR A REASONABLE USE.

[00:50:01]

JUST GONNA MAKE SURE I DON'T GET IN TROUBLE HERE.

I, I THINK, I THINK THAT HOME ONE AND HOME TWO, AS THEY WERE WRITTEN INDEPENDENTLY AND THEN COLLABORATED TOGETHER, UH, MAYBE HAD SOME UNINTENDED CONSEQUENCES FOR SMALL LOT AMNESTY.

UM, WELL, IT COULD BE COVERED IN THE NEIGHBORHOOD PLAN.

I THINK THAT IT IS, UH, A LITTLE GAME OF TWISTER AND I THINK THAT, UH, IN KEEPING THIS HOUSE AND MAKING THE ADDITION TO THE BACK WITH THE, UM, NEIGHBOR'S ENCROACHING IMPROVEMENTS, I THINK THIS IS A VERY REASONABLE ASK.

AND SO I THINK THAT THE NEW HOME TO REMOVE THE SMALL LOT AMNESTY FOR JUST A SINGLE FAMILY AS OPPOSED TO THE PRESERVATION PORTION OF IT.

AND SO I THINK THAT A VARIANCE IS AN ORDER.

THE HARDSHIP FOR THE WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY AS IT IS ILLEGAL LOT.

IT HAS THE EXISTING ENCROACHMENT, IT HAS A HISTORIC HOUSE, AND, UH, ALL OF THESE COMPLICATIONS MAKE IT INCREDIBLY UNIQUE TO THAT PIECE OF PROPERTY.

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

YEAH.

AND, AND THEN THE ROAD EXPANSION MAKES IT EVEN MORE INTERESTING.

UM, I'D SAY IT'S NOT GENERAL TO THE AREA.

AS YOU DON'T USUALLY SEE YOUR NEIGHBOR'S HOUSE, YOUR NEIGHBOR'S LIVING ROOM IS USUALLY NOT ON YOUR PROPERTY.

UH, THE VARIANCE WILL NOT ALTER THE CHARACTER.

THE AREA ADJACENT TO THE PROPERTY 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 AS, UH, THE LANDMARK COMMISSION HAS, UH, HAS ALREADY APPROVED THE ADDITION TO THE HOUSE, THE FRONT FACADE REMAINS AND THE, AND THE WORK IS STRICTLY TO THE REAR OF THE PROPERTY.

AND SO THERE SHOULD BE NO VISUAL IMPACTS FROM NEIGHBORING PROPERTIES FROM THE FRONT PORTION FROM THE STREET.

THE END AGAIN, THIS IS A MOTION TO APPROVE MADE BY VICE CHAIR HAWTHORNE, SECONDED BY A BOARD MEMBER VON OLIN.

IT'S CALL THE VOTE.

TOMMY S YES.

JESSICA COHEN.

YES.

THANK YOU FOR REACHING OUT THE NEIGHBOR'S GREAT PRESENTATION.

MELISSA HAWTHORNE.

YES.

YOUNG J KIM? YES.

BRIAN POTENT.

YES.

JEFFREY BOWEN.

YES.

JANELLE VENZA.

YES.

MICHAEL VAN NOLAN? YES.

AND BIANCA MEDINA LAYOFF? YES.

OKAY.

CONGRATULATIONS.

YOUR PARENTS IS GRANTED.

THANKS SO MUCH.

I'LL APPRECIATE IT.

HAVE A GOOD NIGHT.

YOU TOO.

MADAM CHAIR.

I KNOW THAT YOU'RE GONNA TAKE THE CASE THAT I'M NOT PARTICIPATING IN.

I'D KIND OF LIKE TO SKEDADDLE.

IS THERE SOMETHING FURTHER IN THE AGENDA THAT YOU NEED MY INPUT ON? DO YOU WANNA GO? SINCE THE SIGN CASE IS JUST A SIMPLE MAJORITY AND IT'S, UM, AND IT'S COLD IN HERE.

IT IS COLD IN HERE.

NO.

ALL WE'VE GOT IS A DISCUSSION OF THE MONTHLY ACTIVITY REPORT AND AGENDA, WHICH IS A BEAUTIFUL REPORT.

THANK YOU LADIES.

OKAY.

SO YEAH, NO, IF YOU WANNA GO.

OKAY.

HAPPY NEW YEAR EVERYBODY.

THANK YOU.

VICE CHAIR HAWTHORNE SHOWING VICE CHAIR HAWTHORNE STEPPING OFF THE DIOCESE.

ALL RIGHT, SO LET'S PICK UP ITEM THREE AGAIN.

THIS IS C 16 20 24 0 0 0 2.

MR. WAYLAN, ARE Y'ALL READY OR DO YOU NEED ME TO LOOK AT A COUPLE OTHER AGENDA ITEMS FIRST? UH, MICHAEL STEP.

HUH? MICHAEL STEP, OH, MAYBE A MOMENT OF PERSONAL PRIVILEGE.

YEAH.

A A MOMENT OF, WELL, 1, 2, 3, 4, 5.

WE, ONE MORE MINUTE.

OKAY.

YEP.

LET'S GO AHEAD AND I'LL TAKE A POINT OF PERSONAL PRIVILEGE.

WE'LL TAKE THE AGENDA OUT OF ORDER.

LET'S LOOK

[7. Discussion of the December 9, 2024, Board of Adjustment activity report]

AT ITEM SEVEN, DISCUSSION OF THE DECEMBER 9TH, 2024 BOARD OF ADJUSTMENT ACTIVITY REPORT.

ANY DISCUSSION OR COMMENT? BIG THANK YOU TO MY FAVORITE STAFF MEMBERS.

HAPPY NEW YEAR.

NO DISCUSSION.

UH,

[00:55:03]

I DON'T WANNA JUMP INTO EIGHT NINE YET 'CAUSE I HAVE A FEELING THOSE ARE GONNA TAKE A LITTLE BIT LONGER AND I FEEL LIKE WE'RE CLOSE TO RESOLVING THIS.

I'LL TELL YOU WHAT I'M GONNA DO.

TIME IS 6 37.

LET'S TAKE A FIVE MINUTE RECESS.

MEET BACK HERE AT 6 42.

SO FIVE MINUTE RECESS.

FIVE.

I'M GONNA HEREBY CALL THIS MEETING BACK IN ORDER.

UM,

[3. C16-2024-0002 Michael J. Whellan for Mark Worsham 12221 N. Mopac Expressway Service NB (Part 2 of 2)]

MR. WAYLON, DO YOU HAVE THE, UH, DOCUMENTS WRITTEN OUT THAT BOARD MEMBER VAN NOLAN ASKED FOR? I, I DO, BUT I'VE BEEN TOLD THAT I CAN'T HAND ANY NEW MATERIAL.

I CAN READ INTO THE RECORD.

RIGHT.

THE INFORMATION IS WHAT I'VE BEEN TOLD.

DO YOU WANT ME TO WAIT FOR COMMISSIONER VAN? WHERE DID YOU GO? IT'S JUST THERE.

OH NO.

YES PLEASE.

THERE HE IS.

.

SO WILL WE HAVE TO WRITE IT DOWN AND THEN NO, READ IT BACK INTO THE RECORD OR THEY HAVE TO WRITE IT DOWN? WE CAN JUST REFERENCE.

OKAY.

YEAH.

GOT IT.

WELL, THEY'LL PROBABLY WATCH THE VIDEO TOMORROW.

SURE.

SNACKS.

OKAY.

OKAY.

MR. WHALEN, MIKE WAYLEN ON BEHALF OF THE APPLICANT, FIRST OF ALL, I WANT TO THANK COMMISSIONER BOWEN AND EVERYBODY FOR YOUR PATIENCE AND, UH, I THINK GETTING THE CLARIFICATION'S IMPORTANT AND WE'LL CERTAINLY BE SURE TO DO BETTER.

AND I APPRECIATE YOU.

SO APOLOGIES IN ADVANCE FOR THIS, UH, DELAY AND I APPRECIATE YOUR PATIENCE.

UM, I'M GONNA BE USING, I'M GONNA BE REFERENCING ITEM THREE SLASH DA AND I'LL USE A PAGE NUMBER PRESENTATION IN YOUR STAFF BACKUP.

YOU HAVE STAFF BACKUP AND THEN THE PRESENT, THE CURRENT PRESENTATION THAT WE'RE ALL USING, IS THAT, OKAY? WHICH ONE ARE YOU GONNA BE USING? THE PRESENTATION, THE PRESENT STAFF BACKUP PRESENT.

AND SO YOU'LL HEAR ME SAY ITEM THREE SLASH A PAGE NUMBER DASH PRESENTATION AS I'M GOING THROUGH IT.

PERFECT.

SO THE SPECIFIC IS, I'M, AGAIN, I'M USING THE INFORMATION IN THE, ON THE AGENDA SECTION, THE VARIANCES FOR 25 DASH 10 DASH 1 24 B TO ALLOW MORE FREESTANDING SIGNS FROM ONE MAXIMUM ALLOWED TO EIGHT REQUESTING.

AND THOSE ARE REPRESENTED ON ALL THE LOCATIONS ARE AT ITEM THREE SLASH TWO DASH PRESENTATION SECOND VARIANCE B TO TWENTY FIVE, TEN ONE TWENTY FOUR B ONE B TO INCREASE THE MAXIMUM SIGN AREA ON A LOT FROM 64 SQUARE FEET TO 112 SQUARE FEET FOR LOCATION TWO PER ITEM THREE SLASH NINE DASH PRESENT PRESENTATION AND TO 70 SQUARE FEET FOR LOCATION.

THREE PER ITEM THREE SLASH 19 DASH PRESENTATION, A VARIANCE TO 25 10 DASH 1 24 B TWO TO INCREASE THE OVERALL SIGN HEIGHT FROM 12 FEET TO 15 FEET FOR LOCATION TWO PER ITEM THREE SLASH NINE DASH PRESENTATION AND TO 14 FEET SIX INCHES FOR LOCATION.

THREE PER ITEM THREE SLASH 19 DASH PRESENTATION, A VARIANCE TO TWENTY FIVE TEN ONE TWENTY FOUR F TO ALLOW FOR INTERNALLY SIGN INTERNALLY SIGNED ILLUMINATION FOR THREE SIGNS FOR LOCATIONS ONE, TWO, AND THREE PER ITEM THREE SLASH TWO DASH PRESENTATION, WHICH IS THE MAP VARIANCE TO 25 10 DASH ONE 20 4G TO DE DECREASE SIGNS FROM THE RIGHT OF WAY OF AT LEAST 12 FEET TO THREE FEET FOR LOCATIONS ONE, TWO, AND THREE PER ITEM THREE SLASH TWO DASH PRESENTATION.

THE MAP A VARIANCE TO SECTION 25 2 1 91 E TO DECREASE THIS SETBACK OF 12 FEET FROM THE STREET RIGHT OF WAY TO ZERO FEET FOR LOCATIONS ONE, TWO, AND THREE PER ITEM THREE SLASH THREE DASH PRESENTATION, WHICH IS THE MAP, A VARIANCE TO SECTION 25 DASH TWO DASH 1 91 F1 TO INCREASE HEIGHT OF NOT MORE THAN 30 INCHES.

TWO PER ITEM OH SIX NINE DASH PRESENTATION, WHICH IS LOCATION TWO 15 FEET AND

[01:00:01]

TO 14 FEET SIX INCHES FOR LOCATION.

THREE PER ITEM THREE SLASH 19 PER PRESENTATION.

A VARIANCE TO 25, 2 DASH 1 91 TO F TWO TO REDUCE CLEARANCE OF AT LEAST NINE FEET TO ZERO FEET FOR LOCATION ONE, TWO, AND THREE PER ITEM THREE SLASH TWO PRESENTATION, WHICH IS THE MAP.

THAT'S IT.

SUPER.

DOES THAT WORK FOR Y'ALL? BOARD MEMBER ONE AND BOARD MEMBER BOWMAN? YES.

AWESOME.

I, I BELIEVE, UH, THE GENTLEMAN SAID ITEM THREE SLASH THREE DASH PRESENTATION, UH, WHEN REFERENCING THE SETBACK, AND I BELIEVE THAT SHOULD BE CORRECTED TO THREE SLASH TWO DASH PRESENTATION WHEN HE WAS TALKING ABOUT ALL THREE ITEMS. IT THAT IS CORRECT.

I APOLOGIZE.

UH, NICE.

THAT'S MY INABILITY TO READ.

SO IF YOU COULD JUST READ THAT IN AGAIN WITH THE CORRECTION PLEASE, MR. WARLOW.

THAT WOULD'VE BEEN ON, UM, WAS THAT ON THE LAST ONE THAT I JUST READ? I BELIEVE IT WAS WHEN YOU WERE TALKING ABOUT THE SETBACK.

OKAY.

SO THE SETBACK THEN THAT WOULD BE TWENTY FIVE TEN ONE TWENTY 4G TO DECREASE SIGNS FROM THE RIGHT OF WAY OF AT LEAST 12 FEET TO THREE FEET FOR LOCATIONS ONE, TWO, AND THREE PER ITEM THREE SLASH TWO DASH PRESENTATION.

AND ALSO I DIDN'T, AND ALSO 25 DASH 2 1 91 EE TO DECREASE THE SETBACK FROM 12 FEET FROM THE STREET RIGHT OF WAY TO ZERO FEET FOR LOCATIONS ONE, TWO, AND THREE PER ITEM THREE SLASH TWO DASH PRESENTATION.

AND ALSO ITEM 25 DASH TWO DASH 1 91 F TWO TO REDUCE CLEARANCE OF AT LEAST NINE FEET TO ZERO FEET FOR LOCATIONS ONE, TWO, AND THREE PER ITEM THREE SLASH TWO PRESENTATION.

SUPER.

THANK YOU VERY MUCH.

OKAY.

ARE THERE ANY OTHER QUESTIONS OR DO I HAVE A MOTION? I MAKE A MOTION TO APPROVE.

OKAY.

THIS IS A MOTION TO APPROVE MADE BY A BOARD MEMBER, RONALD.

AND DO YOU HAVE A SECOND? SECOND.

SECONDED BY A BOARD MEMBER, POTE.

THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THE ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE.

CONSIDERING THE UNIQUE FEATURES OF THE SITE SUCH AS DIMENSIONS, LANDSCAPING, OR TOPOGRAPHY, THE BOARD MUST DETERMINE THE EXISTENCE OF SUFFICIENCY, OF AND WEIGHT OF EVIDENCE SUPPORTING THE FINDINGS DESCRIBED BELOW.

IN ORDER TO GRANT YOUR REQUEST FOR A VARIANCE, THE BOARD MUST FIRST MAKE ONE OR MORE OF THE FINDINGS DESCRIBED UNDER ONE, TWO, AND THREE BELOW ON THE APPLICATION, I'M ONLY GONNA CITE ONE OF THEM.

UH, ITEM NUMBER THREE, SECTION 25 10 DASH ONE A FOUR.

THE GRANTING OF THIS VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THIS SIGNED ORDINANCE BECAUSE IT SEEKS TO, SEEKS TO PROTECT THE SAFETY AND EFFICIENCY OF THE CITY'S TRANSPORTATION SYSTEM BY REDUCING CONFUSION AND DISTRACTIONS TO PEDESTRIANS AND MOTORISTS.

IMPROVING THE VISIBILITY OF THE HOSPITAL'S EMERGENCY ROOM WAY, FINDING SIGNS, REDUCES CONFUSION, AND HELPS MOTORISTS TO NAVIGATE THE APPROPRIATE HOSPITAL WING MORE QUICKLY IN EFFICIENCY.

THE MADAM CHAIR.

OKAY.

AGAIN, THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER VON OLIN.

SECONDED BY BOARD MEMBER POTE.

LET'S CALL THE VOTE.

TOMMY YATES.

YES.

JESSICA COHEN.

BIG.

YES.

MELISSA HAWTHORNE, OR NOPE, SHE IS, SORRY.

OFF THE DESK AND NOT PARTICIPATING.

YOUNG J KIM? YES.

BRIAN POTE.

YES.

JEFFREY BOWEN.

YES.

JANELLE VANZANT.

YES.

MICHAEL VAN OLAN.

YES.

THANK YOU FOR THE CLARIFICATION.

AND BIANCA MEDINA, AL? YES.

UH, JUST AS A REMINDER, UH, WITH SIGN VARIANCES, THE SIMPLE MAJORITY IS SIX, AND THAT'S ALL WE NEED.

CONGRATULATIONS.

YOUR VARIANCE IS GRANTED.

UH, THANK YOU FOR INDULGING MY RE ATTENTIVENESS, SO TO SPEAK.

THANK YOU.

AND THANK YOU BOARD MEMBERS FOR LISTENING.

NO, NO, NO, NO.

NOT A PROBLEM.

OKAY,

[01:05:01]

SO THAT LEAVES US WITH ITEMS EIGHT AND NINE.

SO LET'S LOOK AT ITEM

[8. Discussion regarding removal of Item 13 from the December 9, 2024, Board of Adjustment agenda due to a concern that the posting language was too vague and therefore not in compliance with the Texas Open Meetings Act.]

EIGHT.

DID WE GET AN ANSWER FROM THE CLERK'S OFFICE, MS. LOPEZ? UH, ERICA LOPEZ, ASSISTANT CITY ATTORNEY? UM, NO.

THE CLERK'S OFFICE DID NOT PULL THAT ITEM.

THEY HAVE FLAGGED IT FOR A CONCERN AND TO MAKE THE BOARD AGENDA, IT WAS PULLED.

I WOULD SAY THAT IS PROBABLY AS VAGUE AN ANSWER AS YOU ACCUSE THE AGENDA ITEM OF BEING.

BUT OKAY,

[9. Discussion regarding the process used to adopt findings that are required for Board of Adjustment action. ]

LET'S JUST MOVE ON TO ITEM NINE.

THERE WAS A QUESTION, UH, FROM BOARD MEMBER VINCENT ABOUT WHY WE READ THE FINDINGS, THE WAY WE READ THEM, UH, BEFORE WE TAKE A VOTE.

AND I WANTED THIS, UH, AGENDA ITEM TO BE WRITTEN IN A WAY THAT SOMEONE WITH SOME INSTITUTIONAL KNOWLEDGE COULD ANSWER.

BECAUSE I ASKED THIS VERY SAME QUESTION WHEN I FIRST STARTED.

IT'S JUST BACK THEN WE DID STUFF AFTERWARDS.

WE WOULD LIKE GO GET FOOD SOMETIMES, OR NOT DISCUSS CASES, JUST DISCUSSING PROCEDURE, WHICH IS LIKE NOT THAT BIG A DEAL.

IT'S DIFFERENT.

SO MAYBE BOARD MEMBER VAN NOLAN.

IT WAS, IT'S ALWAYS HISTORICALLY BEEN DONE THAT WAY.

I MEAN, SINCE I'VE BEEN ON THE BOARD AND THE WAY IT PRECEDING THAT, WHEN I ASKED THE QUESTION, BECAUSE I ASKED THE SAME QUESTION TOO, THE FIRST TIME I WAS SUPPOSED TO READ FINDINGS, NOBODY SCHOOLED ME HOW TO READ FINDINGS OF WHAT THE PROCESS WAS AND, UH, A LITTLE HOT, YOU KNOW WHAT I MEAN? IT WAS A LITTLE PUT ON THE SPOT AND EVERYBODY, I MEAN, THE, THE OLD VETERAN STUFF, IT WAS HUMOROUS, BUT, UH, I NEVER FORGOT IT.

UH, THE REASON THAT WE READ IT THE WAY WE DO, WHAT I WAS TOLD IS BECAUSE THE PEOPLE, GENERALLY, THE PEOPLE THAT ARE OUT WATCHING US ON TV OR OUT IN THE PUBLIC, DON'T, THEY DON'T REALLY FULLY UNDERSTAND WHAT THE ACTUAL WORDING IS FOR THE ZONING, FOR ZONING VARIANCES.

AND SO BY READING IT INTO THE RECORD, IT CLARIFIES FOR ANYBODY WHO MAY BE WATCHING US OR WHO MAY NOT BE COMPLETELY FAMILIAR WITH HOW THE PROCESS WORKS, IT CLARIFIES TO THEM WHAT THE, WHAT A HARDSHIP IS.

AND HOW DO YOU QUANTIFY OR QUALIFY A HARDSHIP? PEOPLE WHO COME DOWN HERE TO PROTEST SOMETHING, THEY, THEY, THEY'LL GO AHEAD AND READ IT AND THEY, THEY LOOK AT THE APPLICATION.

SO THEY HAVE AN IDEA OF WHAT, WHAT THE HARDSHIP OR WHAT QUALIFIES AS A HARDSHIP.

BUT PEOPLE WHO ARE LIKE ME, SOMETIMES I DON'T HAVE A SOCIAL LIFE, SO I'M AT HOME WATCHING CHANNEL SIX, RIGHT? THEY DON'T REALLY HAVE A FULL COMPREHENSION ON WHAT A HARDSHIP IS OR WHY WE'RE, WE'RE ACTUALLY DOING WHAT WE'RE DOING.

IT WAS ALSO BROUGHT, UH, TO MY ATTENTION BY PREVIOUS CHAIRMAN THAT WE DID IT THAT WAY BECAUSE THAT'S THE WAY IT'S DONE AT THE LEGISLATURE.

AND WE ARE A QUASI, UH, JUDICIAL BOARD WITH STATE REQUIREMENTS AS WELL AS, UH, LOCAL ORDINANCE OR LOCAL REQUIREMENTS.

THAT'S WHAT THEY TOLD ME.

THAT'S WHAT I'VE ALWAYS RAN WITH.

SO I'M GONNA ADD ON WHAT I WAS TOLD.

UH, I GOT INTO A DISCUSSION WITH OUR, UH, OUR, THE CHAIR AT THE TIME.

IT WAS, UH, BILL BURKHART, AND WE HAD A DIFFERENT, UH, LEGAL COUNSEL ASSIGNED TO US BY CITY HALL BACK THEN.

UH, BUT THE WAY IT WAS EXPLAINED TO ME, AND I I DID CHECK ON THIS, WE ARE REQUIRED BY STATE LAW TO READ THE FINDINGS.

AND IF A CASE FROM THE BOARD OF ADJUSTMENT GOES TO DISTRICT COURT, BECAUSE REMEMBER, WE CAN'T BE APPEALED TO CITY COUNCIL ONLY TO DISTRICT COURT.

IF IT DOES GO TO DISTRICT COURT, THEY DON'T, THE JUDGE DOESN'T MAKE A DECISION BASED ON THE MERITS ALONE.

MOST OF THE WEIGHT IS ON PROCEDURE.

WAS THE MEETING RUN ACCORDING TO THE STATE LAW BYLAWS, MUNICIPAL ORDINANCES, AND OUR RULES OF PROCEDURE.

AND IF THOSE THINGS ARE DONE

[01:10:01]

IMPROPERLY, THEN THERE'S A GREATER CHANCE FOR THE CASE BEING OVERTURNED.

SO FROM A LEGAL PERSPECTIVE, UH, THE ATTORNEY SAID IT'S BEST TO, TO READ EVERYTHING SPECIFICALLY, BECAUSE THEN THERE CAN BE NO DOUBT.

UH, THE OTHER ARGUMENT THAT WAS MADE BY THE CHAIR WAS THAT IF YOU AREN'T VERY SPECIFIC, THERE ARE SOME, UM, MORE, I THINK BACK THEN WHEN WE USED TO HAVE, YOU KNOW, 15, 20 CASES A NIGHT THAT MIGHT TRY TO STRETCH OUR VARIANCE BECAUSE IT WASN'T SPECIFIC ENOUGH.

SO THAT'S, THAT'S WHY WE READ THE ENTIRE FINDINGS.

AND, AND WHEN YOU MAKE A MOTION, IF YOU MAKE A MOTION, UH, OR IF YOU ARE THE MOTION MAKER, YOU WILL BE REQUIRED TO READ THE FINDINGS AND THAT THAT'S GOING TO BE THE HARDSHIP, THE AREA OF CHARACTER.

WHAT'S THE THIRD ONE, MICHAEL? IT'S A, THE, THE HARDSHIP, UH, IT WOULD BE THE HARDSHIP.

AND WHY? IT'S GENERAL TO THE GENERAL, GENERAL TO THE AREA.

GENERAL TO THE AREA AND THEN AREA CHARACTER.

YES.

ON SIGNAGE, WHAT WE DID TONIGHT, YOU CAN CHOOSE ONE OF THE THREE, BUT IT NEEDS TO BE ONE OF THOSE THREE, UH, REQUESTS REASONS, OR TECHNICALLY YOU COULD CALL IT A HARDSHIP FOR WHY THEY WANT THE SIGN REQUEST AS WELL.

AND NORMALLY WHAT I TRY TO DO, I, SINCE I WAS, UH, PUT ON THE, ON THE BOARD AND, UH, THE WAY THAT I WAS INDOCTRINATED BY FIRE, YOU KNOW, UH, I TRY TO MEET WITH NEW MEMBERS AND SHOW THEM HOW, HOW TO DO IT BECAUSE I, I DIDN'T LIKE IT WHEN I WAS BAPTISMAL BY FIRE MYSELF.

AND I DON'T THINK IT'S REALLY PROFESSIONAL ANYHOW.

SO I TRY TO, WHEN I, WHEN I SEE A NEW BOARD MEMBER, I USUALLY TRY TO SIT DOWN WITH THEM AND TELL THEM, LOOK, YOU'RE GONNA MAKE A MOTION AND WHEN YOU DO, THIS IS WHAT, WHAT YOU'RE GONNA HAVE TO DO.

WHEN I MADE MY MOTION, I THOUGHT IT WAS JUST, YEAH, THAT NEEDS IT.

OKAY.

AND THEN WHEN THEY TOLD ME FINDINGS, I HAVE TO SITTING IT WITH A ON MY FACE.

SO ESSENTIALLY, IF YOU'RE GONNA MAKE THE MOTION, MAKE SURE YOU HAVE YOUR ADVANCED PACKET PULLED UP AND SET ON HARDSHIP SO YOU DON'T HAVE TO GO LOOKING FOR IT.

IT'S RIGHT THERE.

AND AS YOU BECOME MORE PRACTICED WITH MAKING MOTIONS, YOU'LL FIND THAT SOME APPLICANTS, UH, HOW DO I ARE A BIT MORE VERBOSE IN DESCRIBING THEIR HARDSHIPS.

AND IT IS WITHIN YOUR RIGHT, FOR THE SAKE OF BREVITY TO ME.

SHORTEN, YES.

WHAT I, WHAT I WOULD, SINCE WE'RE ON THE SUBJECT, MADAM CHAIR, IF YOU DON'T MIND, WHAT I DO PERSONALLY MYSELF IS, UH, I WILL READ THE HARDSHIPS AND I'LL, I'LL LOOK.

WELL FIRST REVIEW THE CASE, THEN AFTER I REVIEW THE CASE, I'LL TAKE A LOOK AT THE HARDSHIPS AND, AND WHEN I SEE THE HARDSHIP, THERE ARE CERTAIN THINGS THAT I, MYSELF, PERSONALLY, NOW, THIS IS JUST ME PERSONALLY OVER THE YEARS OF BEING UP HERE THAT I, I AVOID, I DO NOT CITE ANYTHING HAVING TO DO WITH, UH, CITY STAFF OR CITY PERSONNEL BECAUSE IT'S JUST NOT, IT'S NOT APP.

IT'S NOT APPROPRIATE.

I DON'T, UM, I WILL NOT, IF THEY'RE BRINGING UP A, TRYING TO USE THE CODE AS A HARDSHIP, YOU CAN'T USE THE CODE AS A HARDSHIP.

UH, IT'S REALLY SAD THAT IF SOMEBODY, THEY'RE DOING IT FOR SOMEBODY BECAUSE SOMEBODY, LET'S JUST SAY SOMEBODY'S IN A WHEELCHAIR NEEDS ACCESS, WE CAN'T EVEN CONSIDER THAT.

WHICH, THAT'S, THAT'S A HARD ONE.

BUT, YOU KNOW, HOWEVER, HEALTH AND SAFETY WE CAN.

UM, AS YOU SAW HERE WITH MELISSA TONIGHT, MELISSA IS VERY WELL VERSED IN THE CITY CODE.

SHE KNOWS IT UPSIDE DOWN AND INSIDE OUT.

AND ACTUALLY MAKES ME LOOK GOOD SITTING OVER HERE.

'CAUSE SOMETIMES SHE'LL STEER ME IN THE RIGHT DIRECTION WITH HER HISTORICAL KNOWLEDGE.

BUT AS YOU SAW TONIGHT, SHE'S GOOD AT CRAFTING A HARDSHIP SEPARATE FROM WHAT THEY HAVE WRITTEN DOWN.

AND SO, BUT FOR THE NEW MEMBERS, IT'S, IT'S OKAY TO JUST TAKE CERTAIN PIECES OF IT.

THE WHAT'S REALLY GERMANE TOPOGRAPHY, TOP TOPOGRAPHY SHAPE OF THE LOTS, TREES, CRITICAL ROOT ZONES, IT'S VERY EASY TO JUST HIGHLIGHT THOSE OUT OF THERE.

AND YOU DON'T HAVE TO READ THE ENTIRE THING.

BECAUSE WE DID HAVE ONE, ONE PERSON WHO USED TO COME IN FRONT OF US ALL THE TIME, WHO TOOK SOME TIME OFF, WENT TO LAW SCHOOL, AND CAME BACK AND HE'D GIVE US TWO PAGES OF HARDSHIP.

SO IT, IT'S LIKE YOU, YOU WOULD, YOUR HEAD WOULD EXPLODE.

SO IT'S, IT'S, IT'S EASIER IF YOU REVIEW IT AND HIGHLIGHT IT.

AND THEN YOU CAN ALSO PUT IT IN YOUR OWN WORDS.

YOU CAN, YOU CAN REPHRASE IT INTO YOUR OWN WORDS AS LONG AS IT

[01:15:01]

STAYS, UH, STILL WITHIN THE, THE REQUIREMENTS OF MEETING THAT HARDSHIP.

AND WE'RE NOT AVOIDING CHANGING THE REQUEST CONCISE, BUT STILL VERY DESCRIPTIVE.

YES.

DID THAT ANSWER YOUR QUESTION WHILE WE'RE ON THE SUBJECT? OR ARE THERE ANY OTHER QUESTIONS ABOUT THE PROCESS USED TO ADOPT FINDINGS? ONE OF, ONE OF THE THINGS, MADAM CHAIR, AND YOU SAID IT TONIGHT, JUST SO THAT EVERYBODY KNOWS, WE, WE ALSO HANDLE ALL THE VARIANCES FOR SIGNAGE.

AND NOW, AS YOU KNOW, WE ARE ALSO TAKING ON LAKEFRONT, YOU KNOW, WATER QUALITY.

UH, BUT, UM, THE SIGNAGE IS PRIMARILY THE ONLY ONE.

SIGNAGE VARIANCE ARE THE ONLY ONE THAT, IT'S A MAJORITY VOLT.

SIMPLE, SIMPLE MAJORITY.

SIMPLE MAJORITY, I'M SORRY.

THAT'S CORRECT.

AS OPPOSED TO SUPER MAJORITY.

SO ANY CORRECT KEYS THAT, THAT REQUESTS A VARIANCE FROM ZONING IS GOING TO REQUIRE SUPER MAJORITY, WHICH CURRENTLY, MAYBE I SHOULDN'T HAVE EATEN THAT PAYDAY, UH, WHICH CURRENTLY IS AT NINE, EVEN THOUGH, UH, BOARD MEMBER GARZA IS RESIGNED 'CAUSE HE'S A CARRYOVER STATUS.

SO SORRY ABOUT THAT.

SO HOPEFULLY NEXT TIME, I, I THINK IT'LL BE NEXT TIME, AT THE VERY LEAST, THE TIME AFTER, UH, THAT'LL GET US DOWN TO EAT.

UNLESS SOMEONE'S BEEN APPOINTED.

AND I'M, I'M PUSHING OUR COUNCIL MEMBERS TO GET FOLKS APPOINTED.

WE SHOULD SEE THAT HAPPENING OVER THE NEXT COUPLE OF MONTHS, FEBRUARY AND MARCH.

AND THEN WE'LL TEACH THEM ABOUT ADOPTING THE FINDINGS.

BUT IN THE MEANTIME, IF AT THE NEXT MEETING, IF YOU WANNA MAKE A MOTION, FEEL FREE.

I MEAN, UH, I TRY NOT TO DO IT.

UH, JUST CHAIR CAN SOMETIMES INADVERTENTLY INFLUENCE A VOTE BY MAKING A MOTION.

SO I WAS JUST TOLD IT'S BETTER NOT TO MAKE A MOTION UNLESS NOBODY ELSE WILL DO IT.

SO I WOULD RATHER HAVE Y'ALL DO IT.

UH, IF IT'S, YOU KNOW, I THINK IT LOOKS A LITTLE BETTER AND IT'S A LITTLE CLEANER.

OKAY.

BUT I THINK THAT ANSWERS EVERYTHING.

AND THAT WAS, THAT WAS IT.

THAT WAS THE LAST ITEM ON THE AGENDA.

SO WITH THAT, THE TIME IS 7:07 PM THANK YOU EVERYONE, AND WELCOME BACK.

MEETINGS ADJOURNED.

THANK YOU.

GOOD NIGHT.