* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [CALL TO ORDER] [00:00:04] 5:39 PM ON APRIL 14TH, 2025. I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER. WE HAVE A QUORUM. WE'RE GONNA GO AHEAD AND CALL THE ROLE. I AM YOUR CHAIR. JESSICA COHEN. I'M HERE. VICE CHAIR. MELISSA HAWTHORNE. HERE. TOMMY YATES, BOARD MEMBER A. HERE. THERE WE GO. THANK YOU SO MUCH. UH, JEFFREY BOWEN. HERE. SAMIR BURING HERE. WOULD YOU LIKE TO SAY A LITTLE SOMETHING? WELCOME TO THE BOARD. OH, UH, THIS IS MY FIRST BOARD OF ADJUSTMENT MEETINGS, SO I'M HAPPY TO BE HERE. AND, UM, YEAH, LOOKING FORWARD TO TAKING ON THIS RESPONSIBILITY. SO, SUPER. WELL WELCOME. BIANCA MEDINA LEAL. HERE. YOUNG J KIM. HERE. BRIAN POTID. HERE. NICO LOKO HERE. I SAID YOUR NAME RIGHT? RIGHT. I DID. WOULD YOU LIKE TO SAY A LITTLE SOMETHING? UM, YEAH, THIS IS ALSO MY FIRST, UH, BOARD THAT I'VE EVER BEEN ON, SO I'M REALLY EXCITED TO, UH, SERVE THE PEOPLE OF AUSTIN. WE'RE EXCITED TO HAVE YOU. THANKS SO MUCH. MAGGIE. STAN HERE. MICHAEL VON OLIN HERE. IS THAT COREY ARCHER? DO WE HAVE COREY ARCHER YET? MANAGER. HE'S AN ALTERNATE. NOT YET. HE'S AN ALTERNATE, BUT HE'S SO, YEAH, HE'S NOT, BUT HE IS HERE IN THE OH, HI. IN THE AUDIENCE. NEXT TIME. NEXT TIME. OKAY. WE'LL CROSS THAT. AND THEN, SO WHAT DOES THAT PUT US AT? 10? THAT'S 11. OH MY GOD. REALLY DON'T, YEAH, I DON'T WANNA JINX IT. IT'S THE FIRST TIME WE'VE HAD 11 IN A WHILE, SO I'M SUPER EXCITED ABOUT IT. ALL RIGHT. SO A COUPLE OF QUICK REMINDERS. UH, BOARD MEMBERS. HAVE YOU ALL SIGNED THE SIGN IN SHEET IF YOU ARE HERE IN PERSON? YES. OKAY. SUPER. UH, FOR THE AUDIENCE, PLEASE TURN OFF YOUR CELL PHONES OR PUT THEM ON VIBRATE. AFTER YOUR CASE IS OVER, PLEASE TAKE ANY DISCUSSION OUT TO THE LOBBY. IF YOU HAVE QUESTIONS, YOU CAN CALL THE BOARD LIAISON TOMORROW. THE NUMBER IS@AUSTINTEXAS.GOV SLASH BOA. UH, WHEN YOU'RE ADDRESSING THE BOARD, SPEAK DIRECTLY TO THE BOARD. IF THERE IS ANYONE WITH YOU WHO IS OF AN OPPOSING PARTY, DO NOT SPEAK TO EACH OTHER, ONLY TO THE BOARD, UH, PARKING. IF YOU, UH, PARKED IN THE PARKING GARAGE HERE AT CITY HALL, THE VALIDATION IS A LITTLE SCRAP OF PAPER WITH A QR CODE ON IT. SO YOU WILL HAVE BEEN GIVEN A QR CODE ON YOUR TICKET WHEN YOU DROVE IN. WHEN YOU GO OUT, SCAN THAT AND THEN SCAN THE LITTLE, THE SECOND QR CODE WE HAVE OVER HERE. AND THAT WILL VALIDATE YOUR PARKING. I DON'T THINK WE'RE GONNA NEED TO TAKE A BREAK TONIGHT. SO I'M GONNA ASK EVERYONE WHO IS GOING TO BE GIVING TESTIMONY BEFORE THE BOARD TONIGHT. THAT MEANS IF YOU'RE GONNA BE SPEAKING BEFORE THE BOARD TONIGHT, PLEASE STAND AND I NEED TO SWEAR YOU IN. 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. YES. SUPER. THANK YOU. GO AHEAD AND HAVE A SEAT MOVING TO, OH, ACTUALLY, IS THERE ANY PUBLIC COMMUNICATION, ELAINE? NOPE. OKAY. MOVING TO ITEM [APPROVAL OF MINUTES] ONE, APPROVAL OF THE MINUTES FROM MARCH 10TH, 2025. DO I HAVE A MOTION? SO MOVED. SECOND. SO, MOTION TO APPROVE, MADE BY A BOARD MEMBER VAUGHN OLIN, SECONDED BY VICE CHAIR HAWTHORN. ANY DISCUSSION? OKAY, LET'S TAKE THE VOTE AND, BECAUSE I'M NOT GOING OFF MY VOTE, ACTUALLY. TOMMY S YES. JESSICA COHEN. YES. MELISSA HAWTHORNE. YES. YOUNG J KIM? YES. BRIAN POTENT? YES. MAGGIE ANI. YES. JEFFREY BOWEN? YES. MICHAEL VAN OLAN? YES. BIANCA MEDINA. AL YES. SAM BING. YES. AND NICO OSCO? YES. OKAY. THOSE MINUTES ARE APPROVED. [2. C15-2025-0007 Jay Hargrave for Hans Vaziri 601 Kinney Avenue] OKAY. MOVING ON TO THE PUBLIC HEARINGS. ELAINE, DO WE HAVE REQUESTS FOR POSTPONEMENTS OR WITHDRAWAL? UM, WE DO HAVE REQUESTS FOR POSTPONEMENT FOR ITEM TWO FROM THE NEIGHBORS, FROM THE NEIGHBORHOOD [00:05:01] FOR ITEM TWO, UM, THAT THEIR LETTERS ARE IN THE LATE BACKUP. OKAY. SUPER. GOT IT. ALL RIGHT. SO NEIGHBORHOOD HAS REQUESTED, OR THE NEIGHBORS HAVE REQUESTED A POEM. IT LOOKS LIKE THERE'S TWO. I AM OPEN TO ENTERTAINING IT. IF SOMEONE WOULD LIKE TO MAKE A MOTION. DO YOU WANNA ASK THE APPLICANT IF IT'S, I FIGURE WE'RE, WE'RE PROBABLY GONNA HAVE FOLKS WANTING TO SPEAK ON THIS ANYWAY. UM, IS IT A DISCUSSION IF THE APPLICANT IS UNWILLING? IT'S A DISCUSSION. POSTPONEMENT. FAIR. SO, UH, LET'S SEE. J HARGRAVE FOR C 15, 20 25 0, 0 0 7 6 0 1. KENNY AVENUE J ARE YOU HERE? SO WHAT WE'LL DO IS WE'LL GIVE YOU YOUR FIVE MINUTES, BUT WE'RE GONNA TALK ABOUT THE POSTPONEMENT. ARE YOU OPEN TO A POSTPONEMENT? I AM, BUT I'M ALSO PREPARED TO DISCUSS ANY OF THE INFORMATION THAT WOULD BE SUBMITTED. KEN, HOW MUCH DID THEY ON THE FLOOR ASK FOR? CAN YOU HEAR ME? YES, SIR, I CAN. OKAY. SO I'M REPRESENTING THE, THE OWNERS AND THE RESIDENCE OF 6 0 1 KENNY AVENUE, AND I'M THE ARCHITECT AND CONTRACTOR FOR THE ORIGINAL STRUCTURE AS WELL AS THE PROPOSED ADDITION. AND COULD I JUST GET YOU TO STATE YOUR NAME FOR THE RECORD REAL QUICK, PLEASE? J HARGRAVE SUPER. OKAY. WE, WE ARE NOT WANTING TO INCREASE THE HEIGHT OF THE BUILDING. WE'RE, WE'RE GONNA TALK ABOUT THE POSTPONEMENT FIRST BEFORE WE GET INTO THE MERITS OF THE CASE. OKAY. UH, SO THERE'S BEEN A REQUEST FROM THE NEIGHBORHOOD TO OR FROM THE NEIGHBORS TO POSTPONE TILL MAY 12TH, WHICH WOULD BE OUR NEXT MEETING. THAT'S 30 DAYS. ARE YOU OPEN TO, TO THAT POSTPONEMENT? WHY ARE WE POSTPONING? BECAUSE THEY ASKED TO HISTORICALLY SPEAKING, WHETHER IT'S THE APPLICANT OR THE NEIGHBORHOOD. IF SOMEONE ASKS FOR A POSTPONEMENT, WE GENERALLY GRANT IT ONCE AND AFTER THAT YOU HAVE TO GIVE A PRETTY GOOD REASON. BUT IF YOU'RE OPPOSED TO IT, WE CAN DISCUSS, WE CAN HAVE A HEARING ON THE POSTPONEMENT AND THEN YOU COULD PRESENT WHY YOU DON'T WANT IT. AND THEN THEY ALSO GET TO PRESENT WHY THEY DO, UH, ONLY BECAUSE OF OUR TIMEFRAME, WE WANNA MAKE SURE THAT WE, UM, ARE ABLE TO MOVE FORWARD IN OUR BUILDING PERMIT. OKAY. SO ARE YOU OPPOSED TO THE POSTPONEMENT BECAUSE OF THAT? OKAY. SUPER. 'CAUSE OUR TIMELINE THEN WHAT WE'LL DO IS WE'LL GO AHEAD AND START HEARING THE CASE, BUT WE'RE GOING TO HEAR POSTPONEMENT FIRST. SO YOU'LL HAVE FIVE MINUTES TO PRESENT WHY YOU DON'T WANT THIS POSTPONED. YOU CAN'T TALK ABOUT THE MERITS OF THE CASE ITSELF. LIKE CAN'T TALK ABOUT THE HIGH, CAN'T TALK ABOUT YOUR VARIANCE. THIS IS ONLY ABOUT THE POSTPONEMENT. IF WE DON'T POSTPONE, THEN WE'LL DISCUSS THE CASE. OKAY? OKAY. OKAY. SO LEMME JUST GET THE TIMER UP AND YOU'LL HAVE FIVE MINUTES TO TELL US WHY YOU OPPOSE THE POSTPONEMENT. WE HAVE BEEN WORKING ON THIS PROJECT FOR OVER FIVE YEARS AS A RESULT OF, NOT THIS, BUT OTHER, UH, UM, LAND RELATED ISSUES, EASEMENTS. AND MY CLIENTS ARE NOT WANTING TO POSTPONE THE PROJECT ANY LONGER THAN THEY HAVE TO. THEY WOULD LIKE TO KNOW WHAT THEIR OPTIONS ARE AND ABLE TO MOVE FORWARD. AND AS WELL AS WE HAVE A, A, UM, PENDING PERMIT REVIEW, BUILDING PLAN REVIEW THAT WE FEEL LIKE WE NEED TO RESPOND TO IN REGARDS TO THIS ISSUE. OKAY. IS THAT IT? YEP. OKAY. SUPER. IF I COULD GET YOU TO HAVE A SEAT FOR JUST A MINUTE, UM, FOR THOSE SPEAKING IN OPPOSITION, THOSE WHO SIGNED UP IN OPPOSITION TO THE CASE, Y'ALL ARE GOING TO NEED TO PICK ONE OR TWO PEOPLE TO COME UP AND SPEAK AGAINST THE OPPOSITION. YOU'LL BE THE FIRST SPEAKERS AND YOU'LL HAVE FIVE MINUTES FOR THE POSTPONEMENT. FOR THE POSTPONEMENT ONLY. THIS IS THE SAME RULES THAT APPLY. MADAM CHAIR, LEGAL LEGAL'S GIVEN ME A SHAKE. COME MS. LOPEZ, TELL ME WHY YOU'RE SHAKING YOUR HEAD. UH, SORRY. MADAM CHAIR, ERICA LOPEZ, ASSISTANT CITY ATTORNEY. EVERYBODY [00:10:01] WHO IS SIGNED UP TO SPEAK STILL GETS TO SPEAK, STILL GETS TO SPEAK, BUT WE ONLY GIVE FIVE MINUTES TO THE FIRST, SO EVERYBODY HAS TO HAVE A MOMENT TO SPEAK, EVEN IF IT TAKES MORE THAN FIVE MINUTES. AND THEN THE FIRST TWO GET THE LONGEST PART. IT'S TRADITIONALLY WE'VE DONE IT, THEN EVERYBODY GETS SHORTER AFTER THAT. DO I HAVE TO GIVE EVERYBODY THE SAME AMOUNT OF TIME? NEVER DONE THAT BEFORE. EVERYBODY SHOULD HAVE A CHANCE TO SPEAK MADAM CHAIR. UM, I WANNA LET YOU KNOW THERE'S THREE PEOPLE ON VIRTUALLY IN OPPOSITION TO SPEAK AS WELL. OKAY. WHY DON'T WE TAKE THEM FIRST? I'M OPEN WITH THAT. DID, DID EVERYONE, I'M ASSUMING THEY HEARD WHAT I, THE INSTRUCTIONS LIKE, IS THERE SOMEONE ONLINE WHO WANTS TO START FIRST? DO WE HAVE NAMES OF OUR YES, WE HAVE, UM, JENNIFER MARTIN, KEVIN KIN AND TED SCHREINER. HOW ABOUT WE START WITH JENNIFER MARTIN. MS. MARTIN, ARE YOU ONLINE? CAN YOU HEAR US? I HEAR THERE. JENNIFER MARTIN. OKAY, GO AHEAD. AND WHAT WE'RE GONNA BE DOING, JUST IN CASE YOU DIDN'T HEAR, IS WE'RE GONNA BE TALKING ABOUT WHY Y'ALL WANT THE POSTPONEMENT TILL NEXT MONTH POSTPONING OF THE CASE. I, FOR, FOR ME PERSONALLY, I ONLY GOT THE NOTICE ABOUT SEVEN DAYS AGO, AND SO I HAVE NOT HAD A PROPER AMOUNT OF TIME, I FEEL, TO LOOK INTO THE FULL RAMIFICATIONS VISUALLY OR ENVIRONMENTAL THAT THEY'RE PROPOSING. OKAY. SUPER. IS THAT IT? YES. THANK YOU. OKAY. UH, NEXT WE HAVE KEVIN KIN. KEVIN KIN. YEAH. GREAT. HI. HI, EVERYBODY. KEVIN KIN HERE. UH, ALSO FOLLOWING UP, UH, ON JENNIFER'S, YOU KNOW, DON'T FEEL WE'VE HAD AN APPROPRIATE OR REASONABLE AMOUNT OF TIME, UH, TO ASSESS SUCH MATERIAL IMPACT TO OUR COMMUNITY. UM, ALSO, YOU KNOW, I WALK BY THAT HOUSE EVERY DAY AND I THINK THEY'VE FAILED TO COMPLY WITH THE REGULATIONS REGARDING POSTING FOR SUCH A VARIANCE. UM, IT LITERALLY IS HIDDEN UNDER LEAVES, LAID FLAT ON THE GROUND, NOT VISIBLE AT ALL. SO NOT SURE HOW THAT'S COMPLIANT IN ANY WAY. OKAY. THANK YOU VERY MUCH. THIRD NAME. UH, THE LAST ONE WE HAVE IS TED, MR. SCH SWER. CAN YOU HEAR US? YES, I CAN HEAR YOU. IT TOOK ME A MINUTE TO, UH, UNMUTE MYSELF. CAN YOU HEAR ME? UH, SURE. CAN PLEASE STATE YOUR NAME FOR THE RECORD AND GO AHEAD AND TELL US WHY YOU OPPOSE THE POSTPONEMENT? SURE. UH, YES, THIS IS TED SWER. UM, AS I UNDERSTAND IT, THE, THE PRIMARY CODE SECTION THAT APPLIES HERE IS THAT TITLE 25 5 DASH 1.1, WHICH, UH, YOU KNOW, IS CALLED INTENT. UH, AND I'M SURE YOU ALL ARE VERY FAMILIAR WITH IT, BUT IT SAYS IT'S, YOU KNOW, THAT WHAT YOU ARE DOING IS INTENDED TO MINIMIZE THE IMPACT OF NEW CONSTRUCTION REMODELING AND ADDITIONS TO EXISTING BUILDINGS ON, ON SURROUNDING PROPERTIES. AND THE STANDARD IS DESIGNED TO PROTECT THE CHARACTER OF LOST SINCE OLDER NEIGHBORHOODS BY ENSURING THAT NEW CONSTRUCTION ADDITIONS ARE COMPATIBLE IN SCALE, IN BULK WITH THE EXISTING NEIGHBORHOOD. AND IT SEEMS TO ME THAT THIS SITUATION IS SORT OF EXACTLY WHAT THAT CODE IS DESIGNED TO ADDRESS. AND I THINK THE REASON I WOULD SUGGEST THAT A, A POSTPONEMENT MAKES SENSE IS MY QUESTION IS WHETHER THE BOARD HAS HAD THE OPPORTUNITY TO REALLY SEE THE IMPACT THAT THIS CON ADDITION WOULD HAVE ON THE PROPO ON THE PROPERTY, PARTICULAR PROPERTY BEHIND IT. UH, AND TO ASSESS WHETHER THE, YOU KNOW, ENVIRONMENTAL AND OTHER, UH, RAMIFICATIONS HAVE REALLY BEEN LOOKED AT. IF THEY HAVE, THEN, UH, I'D LIKE TO HEAR THAT. BUT FROM WHAT I UNDERSTAND, I THINK THERE IS A LOT OF DILIGENCE THAT STILL NEEDS TO BE DONE TO, TO REALLY APPRECIATE AND MAKE A, A, UH, ASSESSMENT ON THAT CODE SECTION . OKAY. THANK YOU VERY MUCH. OKAY. SO I GUESS WE'LL START WITH THE AUDIENCE. DO WE HAVE A LIST OR IS THERE A, WOULD SOMEONE LIKE BE BRAVE AND GO FIRST? IS THERE A PRIMARY SPEAKER? SURE. IF YOU'LL STEP UP TO THE PODIUM. STATE YOUR NAME FOR THE RECORD. [00:15:01] UH, MY NAME IS PHAM. MICHAEL. ARI. I GO BY MIKE BECAUSE THAT IS A LOT EASIER FOR EVERYONE TO SAY. UH, AND I JUST WANNA MAKE SURE I'M CLEAR ON WHAT I'M TALKING ABOUT HERE. ARE WE STILL TALKING ABOUT THE POSTPONEMENT? THAT'S, THIS IS ONLY THE POSTPONEMENT. WHY DO Y'ALL WANT THE POSTPONEMENT? UH, AS PER MY, UH, NEIGHBORS, THANK YOU FOR CALLING IN. UM, I WOULD REQUEST A POSTPONEMENT SO THAT, UH, THE ARCHITECT CAN WORK WITH OUR HOA TO UNDERSTAND AND, AND COME UP WITH SOMETHING THAT'S, UH, COMPATIBLE FOR BOTH PARTIES. I'M UNDER THE IMPRESSION THAT THIS ARCHITECT HAS NOT REACHED OUT TO OUR HOA BOARD THAT THERE'S BEEN NO CONTACT ABOUT THIS WORK, WHICH TO TED'S POINT DOES NOT FALL WITHIN, UH, CODE. AND, UH, I THINK THERE'S A, WE DON'T MEAN TO DEPRIVE THE, THE VISA SERIES OF THEIR DREAM HOME IN AUSTIN, BUT WE WOULD LIKE AN OPPORTUNITY TO ENSURE THAT IT DOESN'T INFRINGE ON AS, UH, A POSTPONEMENT WOULD FACILITATE THAT CONVERSATION IF, UH, MR. HARGRAVE WOULD BE WILLING TO REACH OUT TO US TO, TO FACILITATE THAT. OKAY. THAT'S ME. THANK YOU VERY MUCH. WHO'D LIKE TO GO NEXT? DO WE HAVE A LIST? DID YOU EMAIL IT TO, HOW ABOUT IF YOU'RE, IF YOU'RE WANTING TO SPEAK, YOU SAID YOU CAN COME UP AND GET IN THE NEXT CHAIRS SO THAT YES. I, I DID NOT PUT MY NAME ON THE LIST. UH, MY NAME IS KEN SATTERLEY AND I'M THE PRESIDENT OF THE BOARD OF THE ASSOCIATION OF VILLAS AT LOSS CANYON. WE AB BOUGHT THE PROPERTY IN QUESTION, UH, AND WHILE WE WERE NOTICED PROPERLY BY Y'ALL, UH, THERE HAS BEEN NO COMMUNICATION BETWEEN THE APPLICANT, THEIR ARCHITECT, OUR BOARD, AND, UH, LIKE MOST THINGS, I THINK THAT'S WHERE COMPROMISE IS REACHED. THAT IS WHERE, UH, THE COLLECTIVE CAN COME TOGETHER AND REACH AN AGREEMENT AND GIVING US THE APPROPRIATE BREAK IN TIME, WHICH I THINK YOU SAID YOUR NEXT MEETING WAS MAY 12TH? 12TH OR SOMETHING. I MEAN, WE'RE, WE'RE TALKING ABOUT A FEW WEEKS. A COUPLE OF WEEKS. UM, MANY OF US HAVE BEEN IN THE REAL ESTATE BUSINESS AND THE DEVELOPMENT BUSINESS FOR YEARS. DEALS TAKE A LONG TIME TO GET DONE. UH, THE FACT THEY'VE BEEN WORKING ON THIS FOR FIVE YEARS IS ASTOUNDING. UH, BUT WE ARE ONLY JUST RECENTLY AWARE OF IT, AND I THINK GIVING US A COUPLE OF WEEKS TO ENCOURAGE REQUEST A MEETING WITH THE APPLICANT'S TEAM, I THINK WOULD RESULT IN A VERY POSITIVE OUTCOME FOR EVERYBODY. SO THAT'S OUR POINT. OKAY, THANK YOU. UM, UH, L ATHERTON, UH, WITH THE, UH, A MEMBER OF THE ZILKER NEIGHBORHOOD ZONING COMMITTEE, WHEN I, UH, LOOKED UP THIS, UH, FIRST FOUND OUT ABOUT THIS AND LOOKED UP THE ORIGINAL, UH, THE SITE PLAN APPLICATION ON FRIDAY MORNING, I ASSUMED THAT THE APPLICANTS HAD CONTACTED THE LOS CANYON ASSOCIATION, UH, UH, AND WORKED OUT, UH, AN AGREEMENT WITH THEM. I WAS HORRIFIED TO DISCOVER THIS MORNING THAT THEY HAD NO CONTACT AT ALL. UH, AND, UM, UH, I WOULD URGE YOU TO, TO GIVE THE GRANT THE NEIGHBORS THE MAXIMUM TWO MONTH POSTPONEMENT BECAUSE THEY NEED TO GET, GET THEIR OWN ENGINEER AND GET THEIR OWN, UH, LEGAL REPRESENTATION AND PREPARE TO, UM, TO, UH, CHALLENGE, UH, ANY, UH, CITY, UH, BUILDING PERMIT THAT'S ISSUED FOR ANY OF THE PROPERTIES ABOVE LOST CANYON. THIS IS A REAL SERIOUS PROBLEM, AND THEY, THESE, THESE HOMEOWNERS, UH, NEED, UH, THE MAXIMUM AMOUNT OF TIME TO MAKE UP FOR THE, THE THREE MONTHS THAT, UH, THE, UH, APPLICANT HAS, UH, NEGLECTED TO CONTACT THEM. THANKS. THANK YOU. DO WE HAVE A LIST OF PEOPLE WHO SIGNED UP? GO AHEAD, SIR. UH, GO, GO, GO AHEAD. YEP. JUST STEP RIGHT UP. HELLO, MY NAME'S DAN MCCLELLAN. I'M ALSO A RESIDENT OF THE LOST, UH, UH, THE LOST CANYON VILLAS OF LOS CANYON. AND YEAH, WE REALLY DO NEED A, A POSTPONEMENT [00:20:01] SO THAT WE CAN GATHER THE INFORMATION IN LOOKING AT THE, I GUESS, THE ARCHITECTURAL PLAN THAT WENT WITH IT. THE PART THAT HAD A LOT OF PHOTOGRAPHS WHEN THEY INCLUDED PHOTOGRAPHS OF WHAT WAS BEHIND THE, WE'RE NOT IN THEM. AND YET, IF YOU STAND AT THE LINE THAT WAS PROPOSED TO WHERE A BUILDING WILL BE EXTENDED, THE HEIGHT IT, IT'S RIGHT THERE. IT'S 10 FEET AWAY FROM OUR PROPERTY LINE. SO WE, IT WAS SURPRISING NEGLECT TO LEAVE US OFF OF THAT PLAN BECAUSE WE'RE PART OF A, WE'RE THE ALCON'S FAULT RUNS ALONG THERE. IT'S ONE OF THE PLACES THAT IT, IT'S EXPOSED AND WE'RE IN A, IT'S A LITERALLY A REAL NATURAL CANYON. SO THERE'S HABITAT AND A LOT OF CONSIDERATIONS TO BE MADE, AND THAT'S WHY WE HOPE YOU'LL ALLOW THE POSTPONEMENT. SO, THANK YOU. THANK YOU. NEXT, IS THERE ANYONE ELSE? POSTPONEMENT. POSTPONEMENT. OKAY. UH, MR. HARGRAVE, YOU'LL HAVE TWO MINUTES TO REBUT. YOU HAVE ANYTHING ELSE TO ADD, MR. HARGRAVE? I DON'T. YOU DON'T? OKAY. THEN LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING. OPEN IT UP TO QUESTIONS. BOARD MEMBER, UH, SHERIFF STA UM, CAN WE FIND OUT, LIKE FROM STAFF OR SOMETHING WHEN THE NOTICE WAS SENT, ACTUALLY SENT OUT FROM DSD TO THE NEIGHBORS? YOU COULD FIND OUT FROM ME. OKAY. 10 DAYS. SO THE STAFF SUBMITTED IT WELL IN ADVANCE, BUT THE AGENCY THAT SENDS OUT THE NOTIFICATION GENERALLY AWAITS FOR THAT 10 DAY MARK AND SENDS IT OUT THEN 10 DAYS PRIOR TO THE HEARING AS THIS POSTMARK BY THAT DAY. PRIOR TO TODAY'S HEARING? YES. OKAY. GOT IT. THANK YOU. SURE. OTHER QUESTIONS? MADAM CHAIR? UH, VICE CHAIR HAWTHORNE? I, I'LL MAKE A MOTION FOR THE POSTPONEMENT, BUT I DO, ACTUALLY I AM, I'M LOOKING AT A CALENDAR. SORRY, I SHOULD HAVE LOOKED BEFORE. I, ARE YOU LOOKING AT THE MAIN MEETING, WHICH IS THE 12TH? NO, MA'AM. JUNE IS THE NINTH. THE NINTH. UM, SO I'M GONNA MAKE A MOTION FOR POSTPONEMENT UNTIL JUNE 9TH. I WILL SAY, AS PART OF MY MOTION, UH, THAT IT APPEARS THAT THERE'S A WASTEWATER EASEMENT THAT RUNS, UH, THROUGH THE BACK OF THAT PROPERTY. AND THAT I'M CONCERNED THAT THAT'S AN ACTIVE WASTEWATER LINE, UH, JUST LIVING IN THE GENERAL AREA. UM, AND I'M NOT SURE THAT IT COULD BE VACATED. I, UM, I ALSO, YOU KNOW, THERE'S A LOT OF DIFFERENT WAYS THAT YOU CAN SKIN SOMETHING AND JUST IN LOOKING AT THE CASE, FIND IT REALLY HARD WITH PEOPLE WHO WANT POOLS THAT ARE RIGHT THERE BY BARTON SPRINGS. IT JUST, IT JUST KILLS ME EVERY TIME. BUT I DO LIVE IN BARTON HILLS. I DO UNDERSTAND TERRAIN. I LIVE ON SLOPE. UH, I AM, I'M OPEN TO HEARING THE CASE. I'M JUST WORRIED THAT THAT WASTEWATER EASEMENT IS AN ACTIVE LINE. UH, THERE'S A LOT OF WEIRDNESS THAT HAPPENS IN TRYING TO GET UTILITY IN THIS AREA. AND SO, UM, I WOULD WANT TO KNOW THAT WHEN WE HEAR THE CASE AND FIGURED IF I SET IT INTO THE MICROPHONE WHILE THERE WAS ENOUGH TIME, THERE'D BE ENOUGH TIME TO INVESTIGATE THAT. SO MY MOTION IS TO, TO POSTPONE TILL JUNE 9TH. OKAY. ARE THERE ANY OTHER QUESTIONS OR ADDITIONS BEFORE WE GET THE SECOND? BECAUSE I, I ALSO NOTICED THAT AS WELL, THE, THAT EASEMENT ON THE BACKSIDE AND S ALSO NOTICED THAT THERE'S A CO THAT THE SURVEYOR MARKED ON THERE, AND I CAN'T FIND IT. AND I LOOKED PRETTY HARD. I BLEW IT UP. AND FOR, SO I'D LIKE TO SEE WHERE THAT'S AT. A CONDITIONAL OVERLAY DID YOU SAY? OR? OH, NO, IT, IT'S A, A COVER. IT'S, IT'S A, A CLEAN OUT ACCESS. OKAY. ? NO, IT'S STATIC. ADDITIONAL. CAN WE, WE CAN'T EVEN DO THAT IN THIS. ANY OTHER QUESTIONS OR BOARD MEMBER VAN NOLAN? THERE WASN'T A SECOND TO MY MOTION, SIR. UH, NO, NOT YET. I, THAT'S WHERE I WAS GONNA GO. I WANTED, I WANT TO, I'M, [00:25:01] I WAS READY TO HEAR THIS CASE TONIGHT BECAUSE ONE THING THAT I WANT TO MAKE SURE THAT OUR NEW MEMBERS KNOW, WE DO NOT HAVE THE AUTHORITY TO GRANT A VARIANCE FOR SOMEBODY TO BUILD OVER AN EASEMENT OR OVER UTILITIES. WE DON'T HAVE IT. OKAY. AND IT'S ILLEGAL TO DO SO. SO, UM, THIS IS PRIMARILY FOR THE ARCHITECT. UH, I WAS READY TO MAKE A MOTION TO DENY, LET THEM GO BACK AND DO WHATEVER THEY HAVE TO DO. BUT FOR THE ARCHITECT, I WILL SECOND THAT MOTION. BUT INFORMATION THAT I'M GONNA WANT TO SEE, NUMBER ONE IS I'M GONNA WANT TO SEE CITY DOCUMENT, UH, INFORMING US WHETHER THAT HAS BEEN VACATED OR WHETHER IT'S ACTIVE OR NOT, AND WHAT IS THE IMPACT IT'S GONNA HAVE. THE OTHER THING THAT I WANT TO, WOULD LIKE TO SEE IS, WHAT ARE YOU DOING TO MITIGATE RUNOFF AND FLOODING FOR THE PEOPLE THAT ARE DOWN DOWNHILL FROM THEM? WHAT IS THIS DOING TO IMPERVIOUS COVER AS WELL? SO THESE ARE SOME OF THE CONCERNS THAT I HAVE, UM, BECAUSE WE DON'T LIVE IN A VACUUM, AND I'M A PRO PROPERTY RIGHTS KIND OF GUY, BUT YOU HAVE TO BE AT LEAST RESPECTABLE TO THE PEOPLE THAT, UH, THAT YOU LIVE AT, AROUND YOU. SO I WOULD LIKE TO SEE WHAT THE STATUS IS OF THAT EASEMENT. IS IS IT ACTIVE, IS IT NOT? AND IF IT IS, IT'S, IT'S A MOOT POINT BECAUSE I, I WILL NOT BE PARTY TO PASSING THAT OF VARIANCE FOR THAT SECONDARY, WHAT ARE WE DOING ABOUT DRAINAGE, EROSION, RUNOFF, THINGS OF THAT NATURE FOR THE PEOPLE FURTHER DOWN, DOWN THE HILL. BECAUSE LOOKING AT THE TOPO ON THAT, AND I WAS GONNA DRIVE BY IT TODAY UNTIL I SAW THE EASEMENT, I WAS PREPARED TO TAKE ACTION ON IT TODAY. BUT, UM, THAT'S, UH, EVERYTHING'S GONNA, IF ALL OF THAT VEGETATION IS GONE, THERE'S ALSO THE POTENTIAL OF MUD SLIDING DOWN INTO THESE FOLKS' HOMES. AND I CAN'T, I'M NOT GONNA SUPPORT THAT, UH, JUST FOR THE NEW MEMBERS. UM, IT'S NOT THAT WE LEGALLY CAN'T GRANT THE VARIANCE WE COULD, BUT IF THIS EASEMENT CAN'T BE BUILT ON, WE'D BE GRANTING A VARIANCE ON SOMETHING THAT THEY COULDN'T BUILD. AND WE DON'T NORMALLY DO THAT BECAUSE IT'S POINTLESS, THE POINTLESS VARIANCE. AND THEN WHAT HAPPENS IS WE GET USED GOING BACK SAYING, WELL, I'VE GOT A VARIANCE YES. SO I'M GONNA BILL HERE, THEN IT'S GONNA END UP IN COURT. AND IT'S NOT PRETTY FOR ANYTHING. EXACTLY. SO I, I DON'T WANNA BE PARTY TO THAT. AND WE'RE NOT APPEALABLE TO ANYWHERE ELSE. WE'RE APPEALABLE TO DISTRICT COURT. RIGHT. DOES NOT GO TO CITY COUNCIL. CITY COUNCIL CANNOT OVERTURN THE BOARD OF ADJUSTMENT. ONLY DISTRICT COURT. SO I DO HAVE A MOTION TO POSTPONE, UH, MADE BY VICE CHAIR HAWTHORNE, SECONDED BY MICHAEL VON OLIN TO JUNE 9TH. IS THERE ANY OTHER DISCUSSION OR QUESTION? VIRTUAL BOARD MEMBERS? NO, BUT THANK YOU, UH, BOARD MEMBER VON OLIN. I HAD THE SAME QUESTIONS, AND I ALSO THOUGHT THAT POSTPONING FOR GIVING THEM TWO MONTHS, UH, WAS A GOOD IDEA. AND MADAM CHAIR, YES. UH, PART OF MY POSTPONEMENT ALSO IS THE ARCHITECT IS TO GET TOGETHER WITH THAT NEIGHBORHOOD AND THAT NEIGHBORHOOD. SO HOA, BECAUSE THEY'RE DIRECTLY IMPACTED. IF YOU CAN'T GET TOGETHER WITH 'EM, I'LL BE LOOKING FOR YOU IN TWO MONTHS. SO, OKAY. ANY OTHER DISCUSSION? ALL RIGHT, LET'S GO AHEAD AND CALL THE VOTE AGAIN. THIS IS A MOTION TO POSTPONE TO JUNE 9TH, 2025, MADE BY VICE CHAIR HAWTHORNE. SECONDED BY BOARD MEMBER VAN NOLAN. TOMMY YATES. YES. JESSICA COHEN. YES. MELISSA HAWTHORNE. YES. YOUNG J KIM. YES. BRIAN POTE. YES. MAGGIE ANI. YES. JEFFREY BOWEN. YES. MICHAEL VON OLAN. YES. BIANCA MEDINA. AL YES. UH, SAMIR BURING. YES. AND NICO NICOLO. SOKO SAKOS. YES. TACO SAKO. SAKO. SAKO. I HAD IT RIGHT THE FIRST TIME. NO. SUPER. ALL RIGHT. SO THAT IS POSTPONED TILL JUNE 9TH. THANK YOU EVERYONE. UH, YOU'LL, YOU WON'T BE RENO. SO PUT IT ON YOUR CALENDARS. MOVING ON [3. C15-2024-0048 Maximiliano Martinez, PE for Shaun Vembutty 4013 Clawson Road ] TO ITEM THREE C 15 20 24 0 0 4 8. MAXIMI MARTINEZ, PE FOR SEAN DY 4 0 1 3 CLAWSON ROAD. IF I COULD GET YOU, DO YOU HAVE A PRESENTATION? GIVE US JUST A SECOND WHILE WE GET THAT PULLED UP. YEAH, SIR. I WANTED TO JUST POINT OUT THAT WE HAVE TWO NEW BOARD [00:30:01] MEMBERS MM-HMM . SO YOU PROBABLY NEED TO, WHILE, WHILE WE MAY HAVE ASKED YOU FOR SPECIFIC ITEMS, YOU'RE PROBABLY GONNA NEED TO DO YOUR FULL PRESENTATION. FOR OUR BENEFIT OF OUR NEW MEMBERS, I'LL DO MY BEST. WELCOME NEW BOARD MEMBERS. I DID WATCH THE FEBRUARY PRESENTATION YOU GAVE FROM THAT MEETING ONLINE, SO, OH, SUPER. LET SOON HOPE IT WAS ENTERTAINING. LET'S GO AHEAD AND LET, LET HIM GET STARTED. SO, STATE YOUR NAME FOR THE RECORD, PLEASE. YOU'LL HAVE FIVE MINUTES. YES. MY NAME IS MIKE ANA MARTINEZ. THANK YOU GUYS, UH, FOR YOUR TIME TODAY. APPRECIATE IT. UM, THE VARIANCE WE'RE ASKING FOR IS, UM, TO ALLOW FOR A LOT TO HAVE LESS THAN 50 FEET, UM, UP FRONT AND IN THE BACK, UM, FOR THE SUB PROPOSED SUBDIVISION THAT WE'RE DOING AT THIS SITE. UM, WE SPOKE LAST TIME ABOUT WHAT KIND OF DENSITY, UM, THE NEIGHBORS, THE NEIGHBORING PROPERTIES HAVE, AND THAT WAS ONE OF THE THINGS YOU GUYS ASKED FOR, WAS TO COME UP WITH A, A MAP OF WHAT'S OUT THERE TODAY AND THE CHARACTERISTICS OF THE NEIGHBORHOOD. AND THE OTHER THING YOU GUYS ASKED TO, FOR ME TO LOOK INTO WAS THERE WAS TWO, UH, NEIGHBORS THAT WERE AGAINST THIS VARIANCE. SO WE, WE ALSO DID HAVE SOME COMMUNICATION WITH THEM. UM, SO I'LL WALK YOU THROUGH THE PRESENTATION TODAY. UM, AND I THINK IT'LL KIND OF GO OVER, YOU KNOW, WHAT THE ORIGINAL ASK WAS. UM, I, I HOPE TO ANSWER ALL YOUR QUESTIONS. SO WHAT I DID IS I CAME UP WITH THIS MAP WHERE ALL OF THE PROPERTIES THAT ARE OUTLINED IN RED HAVE A HIGHER DENSITY OR CAN HAVE A HIGHER DENSITY BASED ON HOME ONE THAN OUR PROPOSED LOT. SO OUR PROPOSED LOT, I THINK IT'S APPROXIMATELY 4,338 SQUARE FEET PER PROPOSED UNIT. AND YOU CAN SEE ALL THE, ALL THE LOTS THAT HAVE RED OUTLINES EITHER HAVE THAT OR MORE. UM, THE OTHER THING THAT I POINTED OUT WAS IN THIS AREA AND REALLY CLOSE TO, ADJACENT TO OUR LOT, ACTUALLY, THE LOTS THEY'RE HIGHLIGHTED IN RED HAVE RECENTLY GONE THROUGH ZONING CHANGES FROM SF THREE TO SF FIVE, SF SIX, AND MF TWO, I BELIEVE. UM, SO GIVES YOU AN IDEA OF THE DIRECTION THAT THIS NEIGHBORHOOD IS GOING. IT'S, IT'S A BLOCK AWAY FROM 1 8 3 OR THE, THE HIGHWAY THERE. UM, SO THERE'S MORE HOUSING COMING TO THIS AREA. BEN WHITE. BEN WHITE, YES. THANK YOU. UH, SO I'LL GO TO THE NEXT SLIDE. I REACHED OUT TO THE NEIGHBORS. THEY BOTH, UH, ARE ADJACENT NEIGHBORS ON MORGAN LANE. AND WHEN TALKING TO THEM, I REALIZED THAT THE HIGHER DENSITY IS REALLY GONNA BE FELT, NOT BECAUSE OF THE AMOUNT OF UNITS THAT WE'RE PROPOSING, BUT BECAUSE THEIR REAR YARD IS OUR SIDE YARD. SO THEY HAVE A 10 FOOT SETBACK TO THEIR PROPERTY LINE, AND OUR PROPOSED CONDITIONS ONLY HAVE FIVE PER CODE. UM, SO THIS MAP HERE IS WHAT WE CAN BUILD TODAY, AND YOU CAN SEE THAT IT DOES FEEL TIGHT JUST BECAUSE OF THE NATURE OF OUR LOT BEING THE SIDE YARD. UM, AND I THINK THAT'S WHAT THEY WERE CONCERNED ABOUT, IS THESE BIG FOOTPRINTS THAT ARE RIGHT UP AGAINST THE HOUSES ON MORGAN. I THINK OUR PROPOSED CONDITIONS, YOU'LL SEE THAT THEY'LL HAVE SMALLER FOOTPRINTS BECAUSE OF THE IMPERVIOUS COVER LIMITATIONS AND DON'T REALLY GIVE A, A, A TIGHTER DENSITY FEEL TO THE HOUSES ON MORGAN LANE. SO FROM WHAT CAN BE DONE TODAY AND WHAT COULD BE DONE WITH THIS VARIANCE, ONE OF THE THINGS THAT WE'RE WILLING TO COMPROMISE THAT WITH SPEAKING WITH THE NEIGHBORS AND A A, A CONDITION ON APPROVAL WOULD BE TO HAVE A SECOND STORY, FIVE ADDITIONAL FIVE FOOT SETBACK. SO ANYTHING ABOVE ONE STORY WOULD BE 10 STORY, 10 FEET BACK. I THINK THAT WILL, THAT WILL KIND OF HELP, UH, EASE THE, YOU KNOW, THE, THE SETBACKS THAT ARE CURRENTLY THERE. NOW, UH, AND THEN WHAT I ALSO DID IS I WENT ON SITE AND I TOOK PICTURES OF, AND YOU CAN SEE THE LOCATION MAP REGARDS TO WHERE THIS SITE IS JUST ACROSS THE STREET. THE TYPE OF DEVELOPMENT THAT'S BEING DONE IS CLEARLY NOT SINGLE FAMILY. THIS IS LIKE A THREE UNIT DEVELOPMENT THERE. AND THEN OVER HERE IT'S LIKE EIGHT HOUSES BUILT IN A, A FEW LOTS THERE. IT MAKES IT SEEM MORE LIKE ITS OWN LITTLE NEIGHBORHOOD THERE. UM, SO I, I THINK WITH THIS ADDITIONAL INFORMATION, IT JUST, IT MAKES IT CLEAR THAT THIS VARIANCE WOULDN'T REALLY CHANGE THE CHARACTER, THE CURRENT CHARACTER, AND THE FUTURE CHARACTER OF THIS NEIGHBORHOOD, AND ARE WILLING TO GIVE THE ADDITIONAL FIVE FOOT SETBACKS ON THE SECOND STORY, I THINK IS A GOOD COMPROMISE ON OUR PART. AND I'LL OPEN UP TO QUESTIONS NOW. ALL RIGHT. THANK YOU VERY MUCH. IS THERE ANY OPPOSITION? SEEING NONE. LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING. OPEN IT UP THE QUESTIONS, AND VICE CHAIR HAWTHORNE. SO I WENT BACK AND I LOOKED AT THE 2022 CASE THAT WE APPROVED AND THE CONDITIONS OF THAT MM-HMM . AND ONE OF THE CONDITIONS [00:35:01] WAS, UH, THAT THE SUBDIVISION BE COMPLIANT WITH THE SOUTH MAR FLOOD MITIGATION PLAN. EXCUSE ME, WHAT MITIGATION PLAN? THE SOUTH LAMAR FLOOD MITIGATION PLAN. OKAY. UH, WHICH WAS 10% CAPTURE, EVEN THOUGH IT WAS SINGLE FAMILY, IT WAS, IT WAS RATHER DENSE AND THAT, UH, TRASH BE SCREENED FROM THE FRONT. OKAY. I MEAN, IF YOU'RE PROPOSING BASICALLY WHAT, WHAT AMOUNTS TO SIX UNITS, UHHUH, BY THE SUBDIVISION, UH, ARE THOSE TWO CONDITIONS THAT YOU COULD, IS IS IT 10% ADDITIONAL CAPTURE OR JUST IN GENERAL? THE DECISION SHEET ISN'T VARY, UM, SPECIFIC BECAUSE DURING THE SUBDIVISION PROCESS, BECAUSE HALF OF THE SITE FLOWS AWAY FROM THE STREET, WE'RE GONNA HAVE TO DETAIN NO MATTER WHAT DURING THAT PROCESS, YOU'RE GONNA PROCESS HAVE TO DO DETENTION. OKAY. YEAH. AT LEAST FOR THE HALF, FOR THE HALF OF THE BACK. THE OKAY. IF YOU'RE, IF YOU HAVE TO DO DETENTION, THEN I, I THINK I'M COMFORTABLE WITH THAT. UM, BEING THAT YOU ARE GONNA HAVE SIX STRUCTURES, UM, CAN YOU HAVE SOME IDEA OF HOW YOU'RE GONNA DEAL WITH ALL THAT TRASH? I DON'T THINK THAT I COULD SPEAK ON THAT. I WOULD ASSUME THAT, THAT THEY WOULD HAVE, UM, BINS AND THEN THEY ROLL 'EM OUT ON TRASH DAY, JUST LIKE ANY OKAY. OTHER DEVELOPMENT. ALL RIGHT. I, I'M JUST KIND OF READING THROUGH THE, THE OLD, UM MM-HMM . THE CONDITIONS OF APPROVAL PREVIOUSLY GRANTED WERE THAT IF YOU HAD A SEPARATE GARAGE STRUCTURE, THAT THAT WOULD BE LIMITED TO A SINGLE STORY, BUT IT DOESN'T LOOK LIKE YOU HAVE A SEPARATE STRUCTURE THAT IT'S ALL ATTACHED. THERE. MOST LIKELY WILL BE SEPARATE GARAGES ON EACH HOUSE, BUT THEY WILL ALL BE ATTACHED. OKAY. YEAH. MM-HMM . ALL RIGHT. THOSE ARE MY QUESTIONS. THANK YOU, MADAM CHAIR. BOARD MEMBER, I'LL DEFER TO JEFF FIRST AND THEN, UH, BOARD MEMBER BOWEN. UH, YES, SIR. I, I WENT BACK TO, UH, REVIEW THE TAPES, SO TO SPEAK FROM, FROM THE LAST CONVERSATION THAT WE HAD. AND I DIDN'T NOTICE THAT THERE WAS A COUPLE OF THE I ITEMS THAT WERE REQUESTED BY THE OTHER BOARD MEMBERS, SUCH AS THE DISCUSSION ABOUT FIRE ACCESS MM-HMM . ALSO THE, UH, UH, YOU DID SAY YOU MET WITH THE NEIGHBORS, BUT I'M ALSO KIND OF CURIOUS, UH, YOUR SLIDE HAS CHANGED. THERE WAS A QUESTION REGARDING THE EXISTING, WHAT'S ON YOUR, ON YOUR ORIGINAL PRESENTATION OF THE EXISTING HOUSE ON THE, ON THE PROPERTY MM-HMM . UH, THAT THERE WAS A QUESTION AS WHETHER OR NOT THAT WAS GONNA BE DEMOED. UH, TRYING TO GET THOSE COUPLE OF QUESTIONS ANSWERED MM-HMM . FOR, FOR NOT ONLY MYSELF, BUT FOR THE OTHER BOARD MEMBERS, BUT SURE. SO, UH, CAN YOU GIVE US AN UPDATE AS TO THAT, THOSE QUESTIONS THAT WERE ASKED? SO THE FIRST ONE WAS FIRE. UM, THIS WILL, THESE SMALLER INFILL PLAT PROJECTS THAT WE'VE BEEN DOING DON'T HAVE A 25 FOOT DRIVE TO ALLOW FOR FIRE TRUCK TO GO IN. SO WHAT THE FIRE DEPARTMENT'S BEEN DOING IS ANY STRUCTURE THAT'S FURTHER THAN 150 FEET FROM THE CURB REQUIRES SPRINKLERS. SO THE, ALL THE HOUSES THAT ARE PROPOSED, I THINK, I THINK MAYBE THE LAST FOUR WILL HAVE SPRINKLERS. THAT'S THE RULE THAT, THAT AUSTIN FIRE IS GIVING US DURING SUBDIVISION. OKAY. UH, I THINK I, I REMEMBER THE, THE LAST QUESTION WAS ABOUT, UM, THE, YOUR THE HOUSE. YEAH. YOUR DRAWING THAT OR YOUR, I THINK YOUR, UM, FAST FOUR PRESENTATION FOR THE, UH YEAH. SHOWS THE HOUSE THERE THAT WAS, UH, BECAUSE OF THE, UH, THERE WAS A 12 FOOT, IT WAS ACTUALLY, IT SHOWS ON THERE IN YOUR ORIGINAL DOCUMENTS, UM, THAT SHOWS THAT IT WAS 12 FEET OFF THE PROPERTY LINE. MM-HMM . BUT YOUR DRIVEWAY WAS LIKE 15 FEET. I NOTICED THAT YOUR DRIVE, UH, THAT YOUR OTHERS GOT KIND OF A LITTLE BIT OF A NOTCH IN THERE. I THINK THAT QUESTION CAME BECAUSE WE, WE DIDN'T HAVE A PROPOSED SORT OF PRELIMINARY SITE PLAN SO THAT THAT HOUSE IN THE FRONT WILL BE REMOVED. OKAY. AND WE WILL, WE WILL PROPOSE THREE HOMES IN THAT FIRST LOT THAT KIND OF WORK AROUND THE EXISTING CRITICAL ROOT ZONES OF THOSE TREES. SO THEY'LL BE PROTECTED. SO ARE, AND I'M NOT TRYING TO PUT YOU ON THE SPOT, BUT ARE YOU AWARE THAT THERE'S NO HOUSE ON THAT PROPERTY? AS OF NOW? THE, THERE'S TWO LOTS. AS OF NOW. YOU MEAN IT'S BEEN DEMOLISHED SINCE WE SPOKE? WELL, OR THERE ISN'T, UH, OUTTA DUE DILIGENCE AND BEING CURIOUS AS TO WHAT GOES ON ON THE, ON THE PROCESS. UH, I DROVE BY THERE AND THERE IS NO, THERE IS NO HOUSE ON THAT PROPERTY AND IT'S BEEN GONE FOR QUITE A WHILE. 'CAUSE THERE'S [00:40:01] ALL GRASS WHERE THE FOOTPRINT OF THE HOUSE WOULD'VE BEEN. GOTCHA. SO THAT, THAT KIND OF, THAT JUST KIND OF TRIGGERS THINGS IN MY MIND GOING, I'M KIND OF CONFUSED AS TO WE'RE ASKING FOR A VARIANCE AND YET YOU'RE SHOWING ME SOMETHING IN A DOCUMENT MM-HMM . AND IT'S NOT THERE. YEAH. CALL. AND THEN THAT BRINGS UP THE OTHER PORTION OF IT WHERE, UH, THE AMOUNT OF TREES THAT'S ON THE, UM, AND LOOKING AT THIS LAST PRESENTATION HERE, YOU'RE ONLY SHOWING ROUGHLY FOUR TREES, UH, IN THIS WHOLE PROCESS. AND ACTUALLY BASED UPON YOUR OWN DRAWING, UM, I COUNTED NUMEROUS TREES. MANY OF, THERE WERE SEVERAL OF THOSE, AT LEAST FOUR OF 'EM THAT WERE WITHIN THE, THAT MET THE HERITAGE REQUIREMENTS, UHHUH PLUS, UH, NUMEROUS OTHER TREES THAT WERE 10 INCHES OR GREATER UHHUH AND ONLY FOUR THAT WERE SMALLER THAN 10 INCHES. YEAH. SO, UM, I GOT MORE QUESTIONS MM-HMM . THAT HAVEN'T REALLY BEEN ADDRESSED. HMM. AND I CAN WALK YOU THROUGH EACH OF THOSE QUESTIONS. WELL, I, I JUST NEED TO KIND OF UNDERSTAND WHAT, WHAT IS IT THAT YOU'RE DOING? IF YOU'RE CLEAR CUTTING THE WHOLE LOT, THEN WHY DON'T YOU JUST TELL US THAT YOU'RE DOING THAT IT'S NOT UPDATED VERSUS, UM, YOU KNOW, WHAT'S REALLY AND, AND WHAT'S GOING ON. GOTCHA. YEAH, I'M APOLOGIZE FOR THE CONFUSION ON, ON YOUR PART AND MY PART. I, I DON'T THINK, UH, WE WERE EVER SAYING THAT WE'RE NOT GOING TO CLEAR CUT THE LOT I WE'RE GONNA FOLLOW THE TREE. I WAS JUST GUESSING BECAUSE I, I DON'T, I DON'T REALLY KNOW. MM. THE PLAN IS TO BUILD, UH, SINGLE FAMILY HOMES ON THIS LOT. UM, I WENT OUT ON SITE LOOKING AT THE NEIGHBORHOOD AND, AND, AND WORKING MAYBE OFF AN OLD SURVEY THAT I MISSED AT THE HOUSE THAT WAS THERE IS NOT THERE ANYMORE. AND REGARDLESS, IT WOULD'VE BEEN REMOVED IF IT WAS STILL THERE. UM, AS FAR AS THE TREES, I'M CALLING OUT THE TREES THAT ARE ABOVE 16 INCHES JUST BECAUSE THAT'S WHAT SINGLE FAMILY, UH, REVIEW WILL LOOK FOR. UM, BUT WE'RE NOT, WE'RE NOT SAYING WE'RE GONNA REMOVE TREES WITHOUT GOING THROUGH, THROUGH THE PROCESS. AND IF WE DO REMOVE 'EM AND HAVE TO MITIGATE, WE WOULD, BUT WE'RE NOT PROPOSING TO REMOVE ANY, ANY HERITAGE TREES. UH, YOU'LL SEE ON THE, ON THE PROPOSED SITE PLAN THAT WE'RE WORKING AROUND THERE. AND ANYTHING THAT WOULD ENCROACH ON THE HALF CRITICAL ROOTS ZONE WOULD'VE TO BE KINDA LEVERED, UM, TO MEET THE PRESERVATION CRITERIA OF THE ECM. MM-HMM . AND I BRING THIS UP PRIMARILY BECAUSE THAT'S BEEN A MAJOR CONCERN LATELY OVER HEAT ISLAND EFFECT, ALSO FOR LACK OF IMPERVIOUS COVER, WHICH ARE STILL DOING SOME ADJUSTINGS, UH, TO THOSE TYPE OF ISSUES. MM-HMM . UM, AND UNTIL THOSE ADJUSTMENTS ARE, ARE ACTUALLY ON THE BOOKS, I THINK THOSE ARE QUESTIONS THAT MAYBE MANY OF US HERE ON THE BOARD MAY WANT TO KNOW MM-HMM . AND UNDERSTAND WHAT, WHAT'S ACTUALLY GONNA TRANSPIRE. 'CAUSE YOU KNOW, AS YOU, AS YOU REMEMBER, WE GAVE YOU A POSTPONEMENT MM-HMM . BASED UPON THE FACT OF THERE WAS INFORMATION THAT WE WERE REQUESTING AND KIND OF LOOKING AT BECAUSE OF, OF SOME OF THE QUESTIONS THAT WE HAD MM-HMM . UM MM-HMM . SO I'M JUST, I'M NOT TRYING TO PUT YOU ON THE SPOT, I'M JUST TRYING TO GO, YOU KNOW, IT'S KIND OF DIFFICULT TO MAKE A DECISION WHEN WE'RE NOT PROVIDED INFORMATION. THAT IS, THAT IS ABSOLUTELY IN MY MIND. I NEED INFORMATION SO THAT I CAN MAKE AN INTELLIGENT DECISION WHEN IT COMES TO THIS TYPE OF THING. I'M WITH YOU. I THINK, UH, I THINK WE'RE ON THE SAME TEAM THERE. THE VARIANCE THAT WE'RE ASKING FOR IS A LOT WITH, WE'RE NOT ASKING FOR ADDITIONAL IMPIOUS COVER OR TO REMOVE TREES THAT, UH, WOULD REQUIRE SPECIAL PERMITTING TO DO. SO. I THINK 45% IS ALLOWED TODAY AND 45% WILL BE ALLOWED IF THIS IS GRANTED OR NOT. SO I, I, I THINK THAT WHAT WE'RE ASKING FOR HERE IS, IS THE WIDTH AND NOT REALLY WHAT IS GONNA BE BUILT. UM, BUT I, I THINK WE HAVE A GOOD IDEA OF WHAT WILL BE BUILT BASED ON THE PROPOSED, UM, SIP PLAN THAT I SHARED. BUT YOU WOULD AGREE THAT THERE, THERE'S, THAT THESE ARE RELEVANT QUESTIONS TO THE ENTIRE, UH, TO THE ENTIRE PROPOSAL, WHAT YOU'RE, WHAT YOU'RE SHOWING US AND, AND TRYING TO SEE WHERE WE ACTUALLY LOOK AT THINGS. YES, DEFINITELY. OKAY. YEAH. BOARD MEMBER CHAIR STUDY. GO FOR IT. I'LL SECOND . UM, I JUST WANNA SAY, I THINK, UH, YOU KNOW, THE BIGGEST QUESTION THAT I HAD HAD THE LAST TIME AROUND WAS ABOUT HOW THE REST OF THE NEIGHBORHOOD LOOKED WHEN IT COMES TO DENSITY MM-HMM . UM, I THINK THE PICTURES YOU HAVE PROVIDED HAVE BEEN MORE THAN ENOUGH, UM, ON THAT FRONT. AND I THINK THE ASK IS REALLY REASONABLE. SO, UM, THANK YOU FOR COMING BACK AND [00:45:01] I BE APPROVAL IF SOMEONE MAKES A MOTION. THANK YOU. VIRTUAL BOARD MEMBERS. ANY QUESTIONS? DISCUSSION? I I, I'M NOT SURE IF I HAVE A STATEMENT OR A QUESTION, BUT I WAS LOOKING AT THE EXAM LIKE THE OTHER, THE DIRECTION YOU SAY THE NEIGHBORHOODS MOVING TO WHERE OTHER PROPERTIES HAVE ALSO DIVIDED INTO TWO LOTS. UM, BUT LOOKING AT THE SURVEY, IT APPEARS THAT THE ONES THAT HAVE DIVIDED ARE MUCH WIDER ALREADY TO BEGIN WITH, WHEREAS YOUR LOT APPEARS MUCH MORE NARROW. AND I GUESS THE QUESTION I HAD WAS, UM, WHAT, HOW DOES, HOW DOES, AND THIS IS A SPECULATION BASED ON WHAT I SAW, 'CAUSE THERE'S NO MEASUREMENTS OF THOSE LOGS. HOW DOES YOUR LOG COMPARE TO THE ONES THAT HAVE BEEN DIVIDED? WHAT'S THERE AS COMPARED TO WHAT YOU'RE PROPOSING? IF, YOU KNOW THE, I COULD SPEAK TO THE, THE MINIMUM WIDTH REQUIRED WOULD BE 65. UM, AND OURS IS 50. SO 15 FEET OF DIFFERENCE IS THE, IS THE GENERAL, I THINK THE ONE ACROSS THE STREET IS CLOSER TO 65. YES. MM-HMM . BUT YOU ARE PROPOSING TO HAVE THE FRONT TO BE 35. AND SO I GUESS I'M TRYING TO COMPARE WITH WHAT BEFORE YOUR DIRECTION YOU'RE GOING WITH YOU WITH THE LOT, WITH THE OTHER EXAMPLES YOU'RE SHOWING AND WHAT ARE THEIR WIDTHS, UM, IN RELATION TO WHAT YOU'RE WANTING. YEAH, SO THE, THE, THE WIDTHS FOR THE ONES THAT DO NOT REQUIRE VARIANCE ARE 50 FEET. AND WE'RE PROPOSING THE, THE 35 FEET. UH, SO IT'S A 15 FOOT DIFFERENCE. IT IT, THEY WILL BE SHARING A DRIVEWAY SO THAT IT DOESN'T FEEL AS TIGHT, I THINK, TO THE HOUSES THAT ARE BUILT. 'CAUSE THEY'LL, THEY'LL ALL BE ON THE SAME DRIVEWAY SO THAT THE FLAG OF THE, OF THE LOT IN THE REAR, THE WILL ACTUALLY BE THE FULL 50 FEET OF WIDTH, IF THAT MAKES SENSE. MM-HMM . I THINK SO. YEAH. MADAM CHAIR, BOARD MEMBER VAN NOLAN, I'M ACTUALLY CLEARLY, YOU KNOW, THERE'S BEEN A VARIANCE GRANTED ON THIS ONE MM-HMM . BEFORE, PREVIOUSLY. AND YOU KNOW WHAT THOSE, UH, WHAT THE, UH, CONDITIONS WERE ON THOSE, YOU, YOU'RE STILL FAMILIAR WITH CONDITIONS THAT WERE ON THOSE AS WELL, WHICH I KNOW ONE OF 'EM, YOU'RE GONNA HAVE TO DO YOUR ON ONSITE WATER RETENTION ANYHOW. SO THAT'S, YOU'VE ADDRESSED THAT ISSUE. BUT I THINK WE HAD A, WE ALSO HAD, UM, THE CONDITION OF, WHAT WAS IT? THREE. SO THE PREVIOUS CONDITIONS WERE 0.4 FAR. MM-HMM . THE GARAGE ON BOTH UNITS STAY AT ONE STORY, WHICH IF THE GARAGES ARE IN, IN THE STRUCTURES, THEN IN THAT THE FLOOD MITIGATION CAPTURE AND A SCREENED AREA FOR TRASH RECEPTACLES BEHIND THE PROPERTY LINE MM-HMM . AND, UH, I MADE THAT MOTION. YEAH. SO, YEAH. SO WHERE I'M GOING WITH IT IS THE PROPERTY HASN'T CHANGED. MM-HMM . CLEARLY BETWEEN THE TWO OF US. I'VE JUST GOTTEN A LITTLE OLDER, BUT I HAVEN'T CHANGED . UM, ARE, CAN YOU ACCEPT THE, THE VARIANCE WITH THOSE SAME CONDITIONS THAT WE HAD ON PREVIOUSLY TODAY WHEN MY AND IF NOT SELL ME WHY YOU CAN'T ? WELL, WHEN, WHEN MY CLIENT APPROACHED ME TO DO THIS, I, AND HE WAS LIKE, IT'S GONNA BE A SLAM DUNK. IT'S BEEN APPROVED BEFORE. I SAID, THAT'S NOT THE CASE. . UM, I THINK ANYTHING THAT WAS DECIDED BEFORE I WASN'T A PART OF, SO I'M NOT SURE WHY IT WAS DECIDED FOR. I WOULD HAVE, I WOULD LEAVE IT TO THE BOARD TO, TO DO THAT MOTION. YOU KNOW, AND I, I THINK THE ONLY ONE THAT I'M NOT PREPARED ON IS A 0.4 FAR. I DON'T KNOW WHAT THAT REALLY TRANSLATES TO. SO I WOULDN'T BE ABLE TO SPEAK TO THAT TODAY. UM, BUT I CAN SAY THAT, THAT WE CAN, IF, IF YOU GUYS WANT THE 10 FOOT ON THE SECOND STORY, THAT THE FIVE FOOT ON THE SECOND STORY THAT I'M PROPOSING. YEAH. AND THE TRASH RECEPTACLES THAT WORKS FOR ME. I JUST CAN'T, I THINK I CAN AGREE TO THE 0.4 F FA R TODAY. OKAY. OKAY. I'LL MAKE A MOTION TO APPROVE. I'LL SECOND THAT. WITH WHICH CONDITIONS? WITH THE FRIENDLY AMENDMENT FOR THE FIVE ADDITIONAL FOOT SETBACK ON THE SECOND STORY AND A SCREENED AREA FOR TRASH BEHIND THE PROPERTY LINE. SO 10 FOOT SETBACK [00:50:01] FOR SECOND STORY, FIVE FOOT SETBACK EVERYWHERE ELSE HE DOESN'T, HE HAS TO ACCEPT THE AMENDMENT IN ORDER FOR, HE MADE THE MOTION. I'M OFFERING AN AMENDMENT HE HAS TO ACCEPT. SO THE POINT FIRST FAR IS NOT PART OF THIS MOTION. RIGHT? I I DID NOT INCLUDE THAT. OKAY. THAT IS NOT IN ALIGNMENT WITH HOME BECAUSE FAR WAS INCREASED BOARD MEMBER TON. YEAH. I JUST, I DON'T GET THE TRASH RECEPTACLE THING. WHY DO WE CARE SO MUCH? WELL, I JUST, IF YOU GO DRIVE DOWN THERE, WELL CLAWSON IS LIKE A REALLY BUSY ROAD AND ALL OF THE TRASH CANS OUT IN THERE, LIKE IT'S NARROW. MM-HMM . SO HAVING SOME PLACE WHERE SIX HOUSEHOLDS CAN ACTUALLY PUT IT WHERE IT'S NOT OUT IN THE STREET ALL THE TIME. IT WOULD, IF I REMEMBER CORRECTLY, IT WAS ALSO A REQUEST OF THE NEIGHBORHOOD PEOPLE THAT HAD CAME AND SPOKE ABOUT THE MM-HMM . BACK IN THE DAY. IT'S, WHICH WHO KNOWS WHERE THEY, I THINK WE'VE HEARD THIS, THIS PARTICULAR TRACT MORE THAN ONCE TOO. AND THESE, THIS IS JUST OF THE CONDITIONS, THE FLOODING AND HAVING SOMEWHERE FOR THAT TO GO IS THE ONLY THING I HAVE A CONCERN ABOUT. YEAH. I JUST, I JUST DON'T SEE, IS IT JUST THE DENSITY THING? LIKE THE FACT THAT THERE ARE TWO SINGLE FAMILY HOMES THERE INSTEAD OF ONE YOU'RE TALKING ONE MORE TRASH CAN, THERE'S SIX. OH THERE'S GONNA BE MORE THAN TWO THERE. SIX, SIX HOMES. NOT TWO, NOT THREE, SIX. YEAH. SO THE VARIANCE ALLOWS, SO HOME THEY COULD HAVE THREE. SO BY THIS SUBDIVISION THEY NOW CAN HAVE SIX. RIGHT. RIGHT. 18 CANS. I HAVE A QUESTION BOARD MEMBER. BING. UH, YEAH. I MEAN THE TRASH CANS, I DON'T, THERE'S ONLY GONNA BE AN ISSUE ON TRASH DAY THOUGH, RIGHT? I MEAN I USED TO LIVE AT A, ONE OF THOSE TOWNHOUSE COMPLEXES IN HOUSTON WHERE IT'S A BUNCH OF TOWNHOUSES IN ONE LOT AND EVERYBODY JUST KEEPS THEIR TRASH CANS AT THEIR HOUSE UNTIL TRASH DAY. THAT'S WHY I'M KIND OF WONDERING WHAT WOULD THAT EVEN MEAN? A SCREENED AREA FOR ALL TRASH RECEPTACLES JUST BEHIND THE PROPERTY LINE. IT WAS PART OF THE DECISION SHEET THROUGH PEOPLE WHO CAME OUT THAT HAD CONCERNS ABOUT OTHER PROPERTY IN THE AREA. AND IF YOU'VE EVER DRIVEN ON CLAWSON, IT IS LIKE WHEN YOU GO OVER THE DAM LIKE RED BUD, HOW NARROW THAT IS. THAT'S, BUT THIS IS LIKE A HILL AND YOU KNOW, YOU GOT 18 TRASH CANS IN THE ROAD SOMEWHERE TO PUT THEM THAT ISN'T IN THE ROAD. MM-HMM . IT'S ESSENTIALLY TO KEEP THEM FROM BEING STORED ON THE ROAD OR AT THE FRONT OF THE PROPERTY. IT'S NOT THAT IMPORTANT TO ME. IT WAS IMPORTANT TO THE NEIGHBORS WHO CAME OUT IT. THIS IS LIKE, I THINK WE'VE HEARD THIS CASE AND APPROVED IT NOW OR TRYING TO APPROVE IT SEVERAL TIMES. I DON'T THINK THAT THE 20, IN 2022 WE HEARD IT. MM-HMM . AND NOW WE HAVE A NICE YOUNG MAN WHO'S HERE EARNESTLY TRYING TO GET THERE AND, AND SO I'M BEING SUPPORTIVE. IT WAS JUST ONE OF THE THINGS THAT THE NEIGHBORS HAD ASKED FOR. SO I'M TRYING TO REMEMBER THAT. MM-HMM . AND I DID MAKE THE MOTION IN 2022, WHICH WOULD'VE ALLOWED TWO HOUSES AND TWO ACCESSORY HOUSES. SO FOUR UNITS. SO THIS IS FOR SIX. OKAY. ANY OTHER QUESTIONS FOR, AND HE STILL HASN'T ACCEPTED MY AMENDMENT, SO I ACCEPTED BOARD MEMBER. OF COURSE I'M GONNA ACCEPT . OH, UH, JUST HAVE A HI YOU SMALL CLARIFICATION FOR WE, WE SAID THAT AT THE SECOND STORY WE WOULD DO A 10 FOOT SETBACK, CORRECT. SECOND STORY AND BEYOND. 'CAUSE THERE'S THREE STORIES ON ALL. I JUST WANT TO BETTER UNDERSTAND THAT ONE. YES, THAT WOULD BE CORRECT. SECOND STORY AND BEYOND. OKAY. THANKS. UM, MS. LOPEZ, DO I NEED TO CLARIFY THAT IN THE CONDITION OR IS IT JUST ASSUMED THAT IF I PUT SECOND STORY AND BEYOND, DO I HAVE TO PUT IN BEYOND JUST ERIC KLO LOPEZ, ASSISTANT CITY ATTORNEY? I WOULD RECOMMEND AIRING ON THE SITE OF OVER INCLUSIVITY TO MAKE SURE THAT THE BOARD'S CONDITIONS ARE REFLECTED. ESPECIALLY SINCE THIS IS FOR A SUBDIVISION APPLICATION. AND THEN THEY WILL HAVE TO DO A SUBSEQUENT BUILDING PERMIT. SO TO MAKE SURE THAT THE CONDITIONS ARE ACCURATELY REFLECTED, I WOULD ADD THAT ADDITIONAL, UM, UH, LANGUAGE. IT COULD BE A JENGA THING, SECOND STORY AND, AND HIGHER. DOES THAT WORK FOR YOU? SECOND STORY AND HIGHER. SO UNLESS YOU LIKE MOST LIGHT YEAR, IT CAN BE BEYOND MEAN. . I MEAN WE COULD JUST GIVE HIM 10 FOOT ON THE SECOND STORY AND LET HIM HAVE FIVE [00:55:01] ON THE THIRD STORY OR PROVIDE SOME SHADE. THAT WOULD BE JENGA. THERE'S ONLY ALREADY A JENGA BUILDING IN TOWN. . ANY OTHER QUESTIONS? UH, BOARD MEMBER PORTEE, JUST A QUESTION FOR THE APPLICANT. WOULD THAT, UH, SETBACK WE WERE JUST REFERRING TO WOULD BE OKAY FOR THE PROJECT? YES. YES. THAT WAS DISCUSSED WITH THE NEIGHBORS. OKAY, GREAT. THANK YOU FOR TALKING TO THE NEIGHBORS. REASONABLE USE. THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THE EXISTING SF THREE LOT HAS 19,907 SQUARE FEET OF LAND AREA. THERE'S ENOUGH LAND AREA TO CREATE TWO SF THREE LOTS ABOVE THE 57 50 AND TO PROVIDE MORE HOUSING IN THE NEIGHBORHOOD HARDSHIP. THE HARDSHIP FOR WHICH VARIANCE IS REQUESTED IS UNIQUE IN THAT THE PROPERTY IS UNIQUE TO THE PROPERTY IN THAT THE SUBJECT TRACT IS CONFIGURED IN SUCH A WAY THAT IT'S LARGE ENOUGH FOR TWO STANDARD SF THREE LOTS, BUT NOT WIDE ENOUGH TO PROVIDE THE REQUIRED 50 FOOT OF FRONTAGE. THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH A PROPERTY IS LOCATED. BECAUSE THE SUBJECT SITE IS NARROW AND LARGER THAN MOST SITES WITHIN A 500 FOOT VICINITY 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 DISTRICTS IN WHICH THE PROPERTY IS LOCATED. BECAUSE THE AREA OF CLAWSON ROAD IS PRIMARILY FILLED WITH SINGLE FAMILY STYLE DEVELOPMENTS. THERE ARE SEVEN RESIDENTIAL FLAG LOTS LOCATED ACROSS CLAWSON ROAD WITHIN 500 FEET OF THE SUBJECT SITE. THAT'S IT. MADAM CHAIR, BEFORE I CALL THE VOTE FOR THE NEW MEMBERS, IF YOU MAKE A MOTION TO APPROVE SOMETHING OR TO POSTPONE SOMETHING, BUT, OR ANY MOTION OF THE VARIANCE, WE HAVE TO READ THE FINDINGS. THOSE ARE IN THE PACKET. UH, THEIR APPLICATION PACKET. SO THAT'S WHAT HE WAS DOING. ANYWAYS, AGAIN, THIS IS A MOTION TO APPROVE WITH A CONDITION OF A 10 FOOT SETBACK FOR THE SECOND STORY AND HIGHER FIVE FOOT EVERYWHERE ELSE. AND TRASH SCREENING MADE BY VICE CHAIR OR SORRY, UH, BOARD MEMBER VAN OWEN. SECONDED BY VICE CHAIR HAWTHORNE. TOMMY A YES. JESSICA COHEN. YES. SAMIR BARING. YES. MELISSA HAWTHORNE. YES. YOUNG Z KIM? YES. BRIAN POTIS. YES. MAGGIE ANI. YES. JEFFREY BOWEN. YES. NICOLO? YES. MICHAEL LIN? YES. THANK YOU. BIANCA MEDINA. AL? YES. OKAY. CONGRATULATIONS. YOUR VARIANCE IS GRANTED. THANK YOU GUYS. HAVE A GOOD NIGHT. YOU TOO. ALL VERY NICE. THIS IS THE MOST BEAUTIFUL REPORT I'VE EVER SEEN. BY OUR WONDERFUL [4. Discussion of the March 10, 2025, Board of Adjustment activity report On-Line Link: ITEM04 March 10, 2025-MONTHLY REPORT ] STAFF. MOVING ON TO ITEM FOUR. THESE ARE DISCUSSION ITEMS. THIS IS A DISCUSSION OF THE MARCH 10TH, 2025 BOARD OF ADJUSTMENT ACTIVITY REPORT. THANK Y'ALL SO MUCH. I USED THE, THE ACTIVITY REPORT EARLIER TODAY AS A MATTER OF FACT. AND I HAVE SOME QUESTIONS, WHICH I WILL BE GETTING TO Y'ALL ABOUT SOON. UH, ANY OTHER DISCUSSION ON ITEM FOUR? OKAY. FUTURE AGENDA [FUTURE AGENDA ITEMS AND ANNOUNCEMENTS] ITEMS. SO YOUR CHAIR IS A BAD CHAIR. I MADE A MISTAKE AND FORGOT WE WERE SUPPOSED TO HOLD ELECTIONS TONIGHT. SO COULD WE PLEASE HAVE THAT ADDED AS AN AGENDA ITEM FOR THE MAIN MEETING? WE WILL BE HOLDING ELECTIONS FOR CHAIR AND VICE CHAIR AND YOU CAN FIND MORE INFORMATION ABOUT THAT. AND OUR RULES OF PROCEDURE AND BYLAWS, WHICH ARE LINKED@AUSTINTEXAS.GOV SLASH BOA. VERY, VERY BOTTOM. MADAM CHAIR, FOR THE RECORD, I ALREADY LET STAFF KNOW I WON'T BE HERE FOR MADE MEETING. DON'T NOMINATE ME FOR ANYTHING. 'CAUSE I'M NOT GONNA ACCEPT. I TALKED WITH VICE CHAIR HORNE AND SHE WAS SAYING SHE'S TIRED OF THE JOB. OH, OKAY. SO I THINK IT'S, AND THAT IS NOT ACTUALLY WHAT HAPPENED. I ACTUALLY SAID THAT YOU WERE RETIRED AND TRAVELING A LOT AND THAT THAT WOULD BE A BAD IDEA. THANK YOU VERY MUCH. SO WE'LL HANDLE THAT NEXT. ADORE YOU 'CAUSE I, NEXT TIME. THANK YOU. UM, I WANTED TO ASK IF THERE'D BE ANY INTEREST ABOUT A FUTURE AGENDA ITEM WHERE WE SPELL OUT OUR TIME LIMITS FOR POSTPONEMENT CASES, IF THERE ARE A LOT OF SPEAKERS. UH, TRADITIONALLY SPEAKING, IF THERE ARE GONNA BE A LOT OF SPEAKERS ON LIKE AN APPEAL ITEM, WE GET A LIST BEFOREHAND. IF YOU'RE NOT SIGNED UP BY THE TIME WE START, THAT'S KIND OF IT. AND THEN WE WOULD LIMIT IT SIMILARLY TO WHERE THE PRIMARY SPEAKER WHO WANTED TO SPEAK WOULD GET A CERTAIN AMOUNT OF TIME. AND THEN ANY SPEAKERS AFTER [01:00:01] THAT WOULD BE LIMITED TO LIKE TWO OR THREE MINUTES. UM, CAN I ASK OUR ATTORNEY, MS. LOPEZ, IS THAT PERMISSIBLE TO HAVE DIFFERENT UM, I CAN ANSWER TIMES FOR YES. OKAY. WE CAN ABSOLUTELY SET OUR OWN RULES OF PROCEDURE. OKAY. BARRY, CAN YOU ASK THE QUESTION AGAIN? OH, AGAIN, CAN WE DO THAT HAVE LIKE DIFFERENT TIME LIMITS FOR DIFFERENT SPEAKERS ON TOPICS OR DO WE HAVE TO KIND OF APPLY THE SAME ONE TO EVERYONE? UH, I WILL LOOK INTO IT AND GET BACK TO Y'ALL. OKAY. BEFORE YOUR NEXT MEETING, I JUST WANNA MAKE SURE WE ALREADY HAVE THE RULE. OH, OKAY. FOR OTHER THINGS. JUST NOT FOR POSTPONEMENTS. IT'S THE SAME THING. CITY COUNCIL DOES PLANNING COMMISSION DOES, THE STATE HAS A, OR THE ATTORNEY GENERAL, AND I KNOW I'M BITE MY TONGUE THERE HAS OPINED THAT LIMITATIONS CAN BE SET BY A COUNCIL COMMISSION, OUR BOARD, BUT IT DOES HAVE TO BE VOTED ON. SO IT HAS TO BE IN A AGREED UPON TIME. UH, BECAUSE IT'S OUR RULES OF PROCEDURE, IT'S A LITTLE MORE INFORMAL. UH, WE CAN MAKE CHANGES TO OUR RULES OF PROCEDURE. WE CANNOT MAKE CHANGES TO OUR BYLAWS WITHOUT APPROVAL FROM CITY COUNCIL. IT HAS TO GO TO THE AUDIT AND FINANCE COMMITTEE. AND IF THEY AGREE TO IT, THEN THAT WOULD GO TO CITY COUNCIL AND THEY WOULD HAVE TO APPROVE ANY BYLAW CHANGES. BUT RULES OF PROCEDURE ARE JUST US, A BOARD MEMBER, BOWEN, UM, , I I IN, IN THE, WE GOTTA BE CAREFUL 'CAUSE I'M GETTING THE LOOK, WHICH MEANS WE SHOULD PROBABLY, I'M SO SORRY TO INTERRUPT. THIS IS A REALLY GREAT DISCUSSION, BUT IT BE BETTER FOR, FOR A FUTURE AGENDA ITEM OR FOR YOUR TRAINING ON JUNE 9TH. OR IF YOU HAVE ANY QUESTIONS IN BETWEEN, UM, WE COULD PUT, THAT MIGHT BE A POTENTIAL FUTURE AGENDA ITEM TO TALK ABOUT ALL THE RULES AND PROCEDURES OR THAT CAN ALSO WAIT TILL YOUR, UH, TRAINING. TRAINING. SO SORRY TO INTERRUPT. WE'RE NOT POSTED FOR DISCUSS. AM I PERMITTED TO REMIND, DISCUSS EVERYONE ABOUT THE TRAINING FOR THE NEW MEMBERS BECAUSE IT'S NOT LISTED ON THE AGENDA RIGHT NOW. YOU GUYS HAVE ALL YOUR ANNOUNCEMENTS. ERICA LOPEZ, ASSISTANT ASSISTANT, CITY ATTORNEY RIGHT NOW. YOU GUYS ARE DISCUSSING FUTURE AGENDA ITEMS. UM, BUT I'M SURE ELAINE COULD SEND OUT AN ADMINIS, UH, AN EMAIL REMINDING BOARD MEMBERS ABOUT THE TRAINING. BUT IT SAYS FUTURE AGENDA ITEMS AND ANNOUNCEMENTS, WHICH I FOUGHT FOR TO KEEP ANNOUNCEMENTS ON THERE. AND IT'S AN ANNOUNCEMENT I'M ANNOUNCING THERE'S A TRAINING FOR EVERYONE ON JUNE 9TH AT TWO. AT TWO. SO IT'S, IT'S BEFORE OUR MEETING, LIKE A REGULAR MEETING JUST TO COME IN A LITTLE EARLY. WE'LL GIVE YOU SOME LITTLE SNACKS AND GET TRAINED. BUT THAT'S THE ANNOUNCEMENT. IT'S A TEAM BUILDING EXPERIENCE. ANY OTHER FUTURE AGENDA ITEMS? MOTION TO ADJOURN IS 6:42 PM I HEREBY CALL THIS MEETING ADJOURNED. THANK YOU EVERYONE. . * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.