May 12, 2025 Board of Adjustment

1, 2, 3, 4, 5, 6, 7, 8, 9.

WHOOPS.

OUT.

AND SUZANNE VALENTINE HERE.

THAT'S NINE.

OKAY, MOVING ON.

IS THERE ANY PUBLIC COMMUNICATION? NOPE.

[APPROVAL OF MINUTES]

ITEM ONE.

APPROVAL OF THE MINUTES FROM APRIL 14TH, 2025.

DO I HAVE A MOTION? MOTION TO APPROVE.

AND JUST SECOND FROM BOARD MEMBER BOEING.

ANY COMMENT? LET'S VOTE.

UH, YOU GOTTA MAKE SURE TO HIT YOUR MICROPHONE ON.

I VOTE TO APPROVE THE MINUTES.

UH, JEFFREY BOWEN? YES.

UH, SUZANNE VALENTINE? YES.

THE MINUTES ARE APPROVED.

MADAM CHAIR.

UH, I AM NOT GONNA PARTICIPATE IN THE NEXT CASE.

SO I'M GONNA LEAVE THE DAAS.

SO LET'S GO AHEAD AND GET THE ANNOUNCEMENTS OUT OF THE WAY.

MADAM CHAIR AT ME.

UM, WE NEED TO DO THE POSTPONEMENTS WITHDRAWALS AND THEN, UM, THE OATH.

BUT COULD YOU HANG ON? WHAT DO YOU THINK? I WAS JUST DOING MISS IMPATIENT.

SHE'S LOUISE.

FOR THOSE OF YOU IN THE AUDIENCE TONIGHT, UH, GONNA GO OVER A FEW QUICK NOTES.

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

AFTER YOUR CASE IS OVER, PLEASE GO OUTSIDE INTO THE LOBBY.

IF YOU HAVE ANY QUESTIONS, YOU CAN CONTACT ELAINE, THE BOARD LIAISON TOMORROW VIA EMAIL OR PHONE WHEN YOU'RE ADDRESSING THE BOARD.

IF YOU'RE A SPEAKER TONIGHT, SPEAK DIRECTLY TO THE BOARD.

IF THERE'S ANY OPPOSITION, DO NOT SPEAK TO EACH OTHER.

UH, PARKING VALIDATION.

YOU SHOULD HAVE GOTTEN A LITTLE QR CODE ON A PIECE OF PAPER WHEN YOU PULLED INTO THE PARKING GARAGE.

THERE IS A SECOND LITTLE STICKER OVER HERE BY WHERE YOU WALKED IN, WHICH HAS A SECOND QR CODE.

WHEN YOU LEAVE THE GARAGE, YOU'LL SHOW THE FIRST ONE AND THEN THE SECOND ONE AND YOU'LL BE VALIDATED.

LET'S, UH, FOR EVERYONE WHO'S GOING TO BE GIVING TESTIMONY TONIGHT, I'M GONNA NEED YOU TO TAKE YOUR OATH.

SO IF YOU COULD PLEASE STAND UP, IF YOU'RE GONNA BE SPEAKING TO THE BOARD TONIGHT.

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.

OKAY, SO BEFORE WE GO ANY FURTHER, WE ONLY HAVE NINE BOARD MEMBERS TONIGHT.

UH, THE BOARD OF ADJUSTMENT IS A, A BOARD THAT REQUIRES A SUPER MAJORITY FOR A VOTE.

SO IF YOU HAVE AN APPLICATION IN FOR A VARIANCE OR SPECIAL EXCEPTION TONIGHT, YOU NEED ALL NINE BOARD MEMBERS TO SAY YES.

IT MEANS ONE NO, AND YOU CAN'T COME BACK FOR A YEAR.

SO IF YOU WOULD LIKE, TRADITIONALLY WHAT WE DO IS WE OFFER A POSTPONEMENT TO THE NEXT MONTH WHEN WE MIGHT HAVE MORE BOARD MEMBERS.

IT'S AN ADDITIONAL 30 DAYS.

THERE'S NO PENALTY FOR IT OTHER THAN YOU STILL CAN'T BILL.

BUT IT IS AN OPTION IF ANYBODY WOULD LIKE TO TAKE IT.

[00:05:01]

MADAM CHAIR.

SO THE SIGNS ARE NOT SUPER MAJORITY, THEY'RE JUST STRAIGHT MAJORITY.

DO WE HAVE ANY SIGN CASES? WE HAVE ONE SIGN CASE, WHICH IS THE ONE ON, NOT WHICH THE SIGN CASE.

THAT DOES NOT MATTER.

IT'S ONLY SIX FOR THE SIGN CASE.

AND IF YOU DON'T GET ALL OF THEM, YOU CAN ASK FOR RECONSIDERATION AT THE NEXT MEETING IF YOU ASK WITHIN 10 DAYS.

THAT'S FAIR.

SORRY, I'LL QUIT HELPING NOW.

THANKS FOR A VICE CHAIR.

ITEM TWO C 16, 20 25 0 0 3.

GEEZ, LOUISE.

UH, WHAT SHE'S SAYING IS LIKE, IF YOU GET DENIED TONIGHT, YOU CAN, UH, PUT IN AN APPLICATION FOR RECONSIDERATION, WHICH IS ASKING THE BOARD OF ADJUSTMENT TO REHEAR THE CASE.

RECONSIDER THE CASE.

THE CAVEAT IS YOU DO HAVE TO PROVIDE NEW EVIDENCE AND THERE'S A RECONSIDERATION FEE AND A FEE, WHICH KNOWING THE CITY PROBABLY IS NOT SMALL.

UH, SO ANY TAKERS ON THE POSTPONEMENTS? ALRIGHT.

UH, FOR THE BOARD, DOES EVERYBODY SIGN THE SIGN IN SHEET THAT'S HERE ON THE DIOCESE? YES.

GOOD.

ALL RIGHT, LET'S GET STARTED THEN.

[2. C16-2025-0003 Colton Gohlke for Ascension Seton-Maria Vinhais 4900 Mueller Boulevard]

COLTON GOLDKEY FOR ASCENSION SETON 4,900 MUELLER BOULEVARD.

YOU, ME TO COME UP? SORRY.

UH, YEAH.

BIGGER, BIGGER HARDSHIPS.

IF YOU'RE, IF YOU'RE GOING TO BE SPEAKING, COME UP TO THE DAAS, YOU'LL STATE YOUR NAME FOR THE RECORD.

UH, WE'LL HAVE FIVE MINUTES TO SPEAK.

WHEN YOU WANT TO MOVE TO THE NEXT SLIDE, SLIDE THAT YOU SEE BEHIND ME, JUST SAY NEXT SLIDE AND THEY'LL, THIS THING DOESN'T WORK OR THAT WORKS TOO.

UH, COLTON GOLDKEY WITH LOUIS SIGN REPRESENTING ASCENSION MEDICAL GROUP.

UH, THE, I'M JUST GONNA GO TO THE NEXT SLIDE.

APPLICANT IS REQUESTING A SIGN VARIANCE FROM THE LAND DEVELOPMENT CODE SECTION 25 DASH 10 DASH ONE 30 COMMERCIAL SIGN DISTRICT REGULATIONS B TO ALLOW ONE FREESTANDING SIGN MAXIMUM ALLOWED TO ADDING AN ADDITIONAL 10 FREESTANDING SIGNS TOTAL OF 11 IN ORDER TO ERECT FREESTANDING SIGNS FOR ASCENSION SEED MEDICAL CENTER AND THE MEALER DEVELOPMENT.

HERE'S A SITE MAP SHOWING THE LOCATIONS OF EACH, UH, IN THE TOP RIGHT CORNER.

LOOKS LIKE IT'S KIND OF COVERED UP, BUT THERE'S TWO IN THE FAR TOP RIGHT CORNER AND THEN ONE RIGHT TO THE LEFT OF THAT STOP BUTTON.

UM, AND THEN THERE'S THE OTHERS ON THE BOTTOM.

UH, LAST TIME I DID THIS, I KIND OF HAD A EXPLANATION OF ALL OF 'EM, BUT I KNOW Y'ALL WANTED THE DETAILS MORE THAN ME BERRIN, SO I JUST WENT AHEAD AND, UH, THREW ALL THE DIFFERENT SIGNS ON HERE.

UM, THIS ONE'S GONNA HAVE A OVERALL HEIGHT OF EIGHT FOOT THREE WITH THE ACTUAL SIGNAGE IS GONNA BE SEVEN FOOT EIGHT WITH THE WIDTH OF SIX FOOT SEVEN.

THIS IS THE SAME THING OVERALL HEIGHT OF EIGHT FOOT THREE, BUT WE HAVE THE SIGN HEIGHT THAT'S SEVEN FOOT EIGHT AND THE WIDTH OF SIX FOOT SEVEN.

THIS ONE'S SAME SITUATION, SAME, SAME.

THIS ONE'S A LITTLE BIGGER.

OVERALL HEIGHT OF 11 FEET WITH THE SIGN HEIGHT BEING AT 10 FOOT FIVE AND THE WIDTH BEING SIX FOOT SEVEN.

THIS ONE IS THE SAME AS THE OTHERS WITH THE EIGHT FOOT THREE.

OVERALL HEIGHT, SEVEN FOOT EIGHT HEIGHT.

AND SO SIX FOOT SEVEN WIDTH.

THIS ONE'S ONE OF THE BIGGER ONES IS THE SMALLER ONE.

UH, ONE TO TWO FREESTANDING SIGNS IS NOT SUFFICIENT, UM, TO DIRECT PATIENTS THROUGHOUT THE PROPERTY.

UM, IN CASE OF EMERGENCY, UH, FROM THE NORTH, SOUTH, OR WEST ENTRANCES.

IN CASE OF EMERGENCY, IT'S IMPORTANT FOR A PATIENT TO FIND THE NEEDING, UH, THE NEEDED BUILDING ASAP.

MULTIPLE FREESTANDING SIGNS WILL INCREASE EXPOSURE AND HELP NAVIGATION THROUGH THE 23.8 ACRE PROPERTY.

MULTIPLE FREESTANDING SIGNS WILL INCREASE TRAFFIC FLOW THROUGHOUT THE PROPERTY AND SURROUNDING STREETS.

OTHER HOSPITALS WITHIN THE CITY OF AUSTIN HAVE MORE THAN TWO FREESTANDING SIGNS.

SETTING OF PRECEDENCE, WE BELIEVE, UH, THAT BEING THE ST.

DAVID'S MEDICAL CENTER, THE 38TH ASCENSION ONE THAT, UM, I FOUGHT FOR BACK IN JANUARY.

AND THEN THE ST.

DAVID'S SOUTH AUSTIN MEDICAL CENTER.

ANY QUESTIONS? ALRIGHT, THANK YOU VERY MUCH.

ALRIGHTY.

ADAMANT ABOUT THE FACT OF WE NEED CLEAR HOSPITAL SIGNS, THOSE TYPE OF THINGS.

IS THERE ANY OPPOSITION? SEEING NONE, LET'S CLOSE THE PUBLIC HEARING, OPENING IT UP TO QUESTIONS FROM THE BOARD, BOARD MEMBER BOWEN.

THANKS.

I APPRECIATE IT.

ABSOLUTELY.

SO LET ME START BY, I'M VERY, UM,

[00:10:01]

'CAUSE WHEN PEOPLE ARE PANICKING, THEY'RE TRYING TO GET THERE.

UM, SO YOU'RE NOT ADDING ADDITIONAL SIGNS, YOU'RE JUST CHANGING OUT WHAT'S EXISTING THERE.

YES, SIR.

WE'RE JUST REFACING EVERYTHING THAT'S THERE.

'CAUSE YOU HAD THE PART IN THERE ABOUT ADDITIONAL, WHICH THERE, THERE MAY BE SOME SLIGHT CHANGES, UM, REGARDING CHANGES.

UH, IF I CAN, I MEAN, IT'S ALREADY OFF, BUT I BELIEVE THERE'S A FEW OF THEM THAT ARE BEING SLIGHTLY BIGGER.

DO YOU NEED TO GO BACK TO YOUR PRESENTATION? IF WE, IF WE CAN.

I'M NOT A HUNDRED PERCENT ON THAT, BUT I'M PRETTY SURE THEY'RE ALL GONNA BE LIKE, FOR LIKE, YEAH, I NOTICED THERE'S ONE THAT'S YOU, YOU WERE MOVING TO SIGN BECAUSE IT GOES TO NOWHERE.

SO YEAH.

SO, SO THIS CASE, THE OVERALL HEIGHT THE SIGN IS, IS FOUR FOOT FOUR OF THE EXISTING.

YOU CAN SEE THAT ON THE TOP LEFT.

UM, AND THEN THE NEW SIGN'S GONNA BE 11 FEET.

SO IN MOST CASES, WE'RE ACTUALLY GETTING SMALLER.

UH, SAME CASE SCENARIO HERE.

THIS ONE REFACING THE EXACT SAME.

UM, THIS ONE'S GETTING SMALLER, EXACT SAME SIZE.

THIS ONE IS GONNA BE BIGGER, SAME SIZE, SMALLER, SMALLER, SMALLER, SMALLER.

SO OVERALL THEY'RE ALL DECREASING, BUT THE LETTER IS, LETTERS ON THE SIGN IS INCREASING.

WELL, I ACTUALLY WENT TO THE SITE YESTERDAY BECAUSE I WAS KIND OF CONFUSED AND I WAS GOING THAT WAY, SO I SURE I, MY, ONE OF MY QUESTIONS IS, ARE THESE COLORS CHANGING FROM GRAY TO THIS WHITE? UH, YES.

SO THEY, THEY WERE GOING WITH THAT DARKER GRAY.

NOW THEY WANT A MORE WHITE LOOK TO REALLY MAKE THE LETTERS POP.

NO, THAT'S GOOD.

BECAUSE THAT THEY NEED TO STAND OUT BECAUSE YES, SIR.

YOU'VE GOT TREE ISSUES UP THERE THAT BLOCK A LOT OF THESE.

YES SIR.

AND NOBODY CAN REALLY SEE THEM.

WHICH PROVIDES ME SOME CONCERN AS TO THAT.

BUT, UM, THAT'S NOT PART OF WHAT'S HERE.

BUT THAT, THAT IS, UH, AN ISSUE FOR ME, UH, MAKING SURE THAT THEY'RE NICE AND BRIGHT SO THAT PEOPLE CAN SEE WHAT'S GOING ON.

AND, UM, I DON'T KNOW HOW YOU GO ABOUT ADDRESSING THE BLOCKAGE FROM THE TREES THAT I KNOW THAT'S GONNA BE A DIFFERENT ISSUE, BUT, UM, I DO HAVE SOME CONCERNS OVER THAT.

SO.

WE'LL, WE'LL BE TRIMMING THOSE TOO.

IT'S, IT'S PART OF OUR SCOPE WITH THE CUSTOMER.

BUT IF, IF IT'S AN ISSUE FOR YOU, I JUST WANNA LET YOU KNOW WE .

YEAH, NO, IT IS JUST, I'M JUST TRYING TO MAKE SURE THAT PEOPLE ARE, WHEN YOU'RE IN A PANIC TRYING TO FIND THESE, 'CAUSE THERE'S SEVERAL OF THEM THAT I, I FOUND THEM TO BE KIND OF CONFUSING.

ABSOLUTELY.

UM, AS ANOTHER THING I WOULD, I WOULD SUGGEST THAT YOU TALK TO YOUR CUSTOMER ABOUT THAT.

THERE'S NO SIGNS ACTUALLY ON 51ST STREET POINTING TO JUST EVEN THE LITTLE BLUE SIGNS THAT SAYS HOSPITAL INTO, NO, THIS IS OUT ON 51ST STREET.

ACTUALLY POINTS GOING BACK INTO THE THING TO WHERE, 'CAUSE IF YOU DIDN'T KNOW THAT THERE WAS A HOSPITAL THERE AND YOU'RE LOOKING FOR ONE YES SIR.

IT WOULD GO FROM THERE.

UM, ACTUALLY YOU, YOU ANSWERED WHAT MY, WHAT MY QUESTIONS AND MY CONCERNS WERE WAS THAT IT, IT JUST SHOWS IN YOUR DOCUMENTATION YOU HAD ADDITIONAL ONES AND I WANTED TO MAKE SURE THAT YOU WERE JUST ACTUALLY DOING EXISTING FOR EXISTING AND GO FROM THERE.

SO YES, SIR.

THAT'S IT.

SUPER.

ARE THERE OTHER QUESTIONS OR DO I HAVE A MOTION? I KNOW MELISSA'S NOT HERE.

MICHAEL'S NOT HERE.

SOMEONE'S GONNA HAVE TO READ THE FINDINGS.

I, I'LL WAIT.

I AM WOULD, IF I MAKE A MOTION THEN I HAVE TO READ THE FINDINGS.

THE FINDINGS.

I MIGHT BE, DO YOU GUYS WANT ME TO DO IT ONE TIME FOR YOU? AND UNDERSTAND THAT AS CHAIR, I'M NOT TRYING TO INFLUENCE THIS.

I'LL TRY IT.

I'LL MAKE THE MOTION TO ACCEPT THEIR OKAY.

TO ACCEPT THIS.

THAT'S THE MOTION TO APPROVE.

I'LL SECOND HIS MOTION MADE BY BOARD MEMBER BOWEN.

SO YEAH, IT'LL BE IN THE BACKUP.

IN THE BACKUP.

AND I THINK IT'S ON PAGE OR ON PART ONE FOR THEM.

OVER IT, AND THEN HAVE THIS WAITING.

IT'S IN PART ONE.

IT'LL BE UNDER THE APPLICANT'S STATEMENT.

PAGE FOUR.

SO, UH, ITEM TWO SLASH FOUR VARIANCE FINDINGS.

SO SEE THIS IS GOOD PRACTICE FOR THE NEW MEMBERS.

HAVE THAT PAGE READY AND OFF TO THE SIDE OPENING ITS OWN TAB.

OR IF YOU'RE USING PAPER, SET IT OFF NEXT TO THE SIDE AND THAT WAY YOU CAN MAKE THE MOTION, HAVE DISCUSSION

[00:15:01]

AND ALL YOU HAVE TO DO IS START WITH NUMBER ONE.

YOU KNOW, IT'S JUST THE, THE THREE DIFFERENT THINGS.

THE FIRST, IT'S ON THE FIRST ONE, ADVANCED PACKET MAY 12TH, PART ONE, PAGE FOUR.

YOU CAN ALSO DO A CONTROL F IN SEARCH FOR FINDINGS.

VARIANCE FINDINGS.

GO DOWN PAGE.

START WITH NUMBER ONE.

YOU HAVE TO DO THIS ONE, BUT THIS ONE DOWN.

THERE'S THREE DIFFERENT ONES YOU'VE GOTTA DO AREA CHARACTER.

FINE.

THANK YOU FOR YOUR PATIENCE.

ABSOLUTELY.

WE HAVE NOT HAD THE BOARD TRAINING YET.

THAT'S NEXT MONTH.

THAT'S ALL GOOD.

SINCE THIS IS MY FIRST TIME, PLEASE BE GENTLE WITH ME.

SO, ALL RIGHT.

SO, UM, WE FIND THAT ON THE FINDINGS, THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT, UH, THE ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNAGE ON THE SITE CONSIDERING THE UNIQUE FEATURES OF THE SITE, SUCH AS DIMENSIONS, LANDSCAPE, AND TOPOGRAPHICAL.

BECAUSE NUMBER ONE, FREESTANDING SIGNS IS NOT ENOUGH TO EFFICIENTLY LOCATE THE ENTRANCE OR THE BUILDING THAT A CITIZEN MAY NEED IN CASE OF AN EMERGENCY.

MULTIPLE FREESTANDING SIGNS LOCATED AROUND THE PROPERTY WITH HELP ELIMINATE THIS ISSUE.

UH, NUMBER TWO, UH, GRANT, UH, THE GRANTING OF THIS VARIANCE WILL NOT HAVE A SUBSTANTIAL ADVERSE IMPACT ON NEIGHBORING PROPERTIES BECAUSE WITH THIS VARIANCE, THE ADDITIONAL FREESTANDING SIGN SIGNS WILL INCREASE, UH, TRAFFIC FLOWS.

SINCE THE BUILDINGS WILL BE EASIER TO LOCATE, IT WILL ALSO BE HELPFUL IN CASE OF AN EMERGENCY, THE INDIVIDUALS WILL BE ABLE TO FIND THE APPROPRIATE BUILDINGS QUICKER.

AND THEN NUMBER FOUR.

OH, NUMBER FOUR, UH, WE GRANT THIS, UH, GRANTING THIS VARIANCE WILL NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHER SIMILAR SITUATED OR POTENTIAL, POTENTIALLY SIMILAR SITUATED BECAUSE THERE ARE MANY OTHER HOSPITALS IN THE CITY OF AUSTIN THAT HAVE MULTIPLE FREESTANDING SIGNS.

WITH THE APPROVAL OF THIS VARIANCE, THE APPLICANT WILL BE EQUAL TO THE OTHER HOSPITALS IN THE AREA.

PERFECT.

WELL DONE.

AND JUST TO NOTE ON THIS GUYS NEW MEMBERS, IF, IF THE FINDINGS TEND TO BE VERY VERBOSE AND SOMETIMES WE WILL HAVE APPLICANTS THAT WILL DO THAT UP TO HALF A PAGE, EVEN IT HELPS TO READ BEFOREHAND SO THAT YOU CAN SUMMARIZE IT AND KEEP THE FINDINGS SHORTER, BUT STILL APPLICABLE TO THE CASE.

SO AGAIN, THIS IS A MOTION TO APPROVE MADE BY JEFFREY BOWEN, SECONDED BY SUZANNE VALENTINE.

LET'S GO AHEAD AND CALL THE VOTE.

MELISSA HAWTHORNE IS OFF THE ABSTAINING YOUNG J KIM? YES.

ALRIGHT.

OKAY, I'M GONNA SKIP HERE.

YOUR SIGNED MARY AND APPROVED.

THANK YOU FOR YOUR TIME.

OR, SORRY, GRANTED, GRANTED SAY GRANT.

YES, IT'S GONNA COME BEFORE COMPLIANCE.

WE'LL TALK ABOUT IT LATER.

MOVING ON.

ITEM THREE HAS BEEN WITHDRAWN.

YOU, YOU'LL NOT BE HEARING THAT.

CASE.

ITEM FOUR

[4. C15-2025-0005 Maximiliano Martinez for Death and Taxes 2136 E 7th Street]

C 15 20 25 0 0 5.

MAX ANO MARTINEZ FOR DEATH IN TEXAS.

2 1 3 6 EAST SEVENTH STREET.

YOU COULD STATE YOUR NAME FOR THE RECORD AND YOU WILL HAVE FIVE MINUTES.

[00:20:02]

HELLO.

HELLO, MY NAME IS MIKE SIMUL.

MILANO.

UM, HOPE EVERYONE'S HAVING A GOOD EVENING.

I'M GONNA SUMMARIZE WHAT WE WENT THROUGH LAST TIME AND THEN I'LL GO OVER MY FINDINGS SINCE THEN.

UH, WE ARE ON EAST SEVENTH STREET NEAR PETAL ON A SITE THAT HAS TRADITIONALLY BEEN OPERATED AS A RESTAURANT FOR THE LAST 30, 40 YEARS.

UH, THE NEW OWNERS LOOKING TO RENOVATE THE EXISTING RESTAURANT AND ADD A SECOND FLOOR.

THE CHALLENGE AND THE VARIANCE THAT WE'RE REQUESTING IS FOR 25 6 4 7 4 B AND 25 6 4 7.

UH, I THINK ONE B SORRY, MISSED MY NOTES.

AND, UM, WE ARE ASKING FOR A VARIANCE FROM THE ONSITE A DA SPACE.

UM, BECAUSE OF THE HARDSHIP BEING, THERE'S A BIG TOPOGRAPHIC CHANGE BETWEEN THE ALLEY AND SEVENTH STREET.

UM, AND WE DEEMED THAT IT WASN'T REALISTIC TO PROVIDE A DA PARKING ON SITE.

SO WHAT WE'RE DOING IS, APART FROM ADDING THE OTHER REQUIRED A DA SPACES NEXT DOOR, WE'RE ADDING THE ONE THAT'S SUPPOSED TO BE ON OUR SITE ON THEIR SIDE AS WELL.

SO I'M GONNA SHOW YOU GUYS A SITE PLAN OF WHAT THAT WOULD LOOK LIKE.

SO OUR SITE IS ON THE LEFT HERE.

I'VE DRAWN IN RED WHAT THE ONSITE A DA CAN LOOK LIKE.

AND YOU'LL SEE THAT THE SLOPES ARE, ARE EXCEEDING THE A DA LIMITS.

AND I'VE SHOWN WHERE THEY'LL BE NEXT DOOR.

SO OUR PLAN INCLUDES THE ACCESSIBLE SPACES THAT ARE REQUIRED BY OUR RESTAURANT AS WELL AS THE EXISTING USE NEXT DOOR AND THEIR ACCESSIBLE, UH, SPACES.

SO OVERALL, UM, WE HAVE SIX SPACES NEXT DOOR.

LAST TIME WE, I WAS HERE, WE ALL AGREED THAT, THAT THIS WAS A GOOD PLAN AND Y'ALL WERE LOOKING FOR AN AGREEMENT BETWEEN THE TWO OWNERS TO MAKE SURE THAT, THAT AT LEAST ONE OF THOSE SPACES WAS GONNA BE USED.

UM, I WENT ON A BIT OF A WILD GOOSE CHASE AND DETERMINED THAT IT WASN'T A RESTRICTED COVENANT NEEDED OR A PRIVATE AGREEMENT, BUT IT WAS ACTUALLY A JOINT USE ACCESS EASEMENT THAT WOULD WORK.

UM, THE TROUBLE THAT I RUN INTO IS THAT I CAN'T HAVE THE LEGAL DEPARTMENT REVIEW THE JOINT USE ACCESS UNTIL STAFF, SOMEONE FROM STAFF SENDS IT TO THEM.

MEANING THAT I NEED TO SUBMIT A SITE PLAN EXEMPTION OR A SITE PLAN TO HAVE THE LEGAL DEPARTMENT REVIEW IT, UH, FOR RECORDATION.

SO IT WAS SORT OF THE CART BEFORE THE HORSE.

UM, SO I HAVE SORT OF TWO OPTIONS THAT I THINK WILL WORK IS THE FIRST ONE BEING THAT WE APPROVE THE VARIANCE WITH THE CONDITION THAT THE JOINT USE ACCESS IS RECORDED WITH THE EASEMENT OR WITH THE, UH, JOINT USE ACCESS THE, WITH THE SITE PLAN EXEMPTION OR OPTION TWO, REVISIT THE NECESSITY FOR THE JOINT USE ACCESS EASEMENT, UM, AND HAVE THE APPROVED SITE PLAN EXEMPTION.

WHAT WILL, WHICH WILL LOOK SIMILAR TO THIS.

IT'LL SHOW THE PARKING PLAN ACT AS THE ENFORCEMENT OF THE PARKING NEXT DOOR.

I THINK THAT THIS OPTION WOULD HELP US SAVE TIME, YOU KNOW, FRANKLY.

AND, UM, IT'LL MAKE OUR LIVES A LOT EASIER.

AND I, AND I THINK THE INTENT IS THE SAME, BUT I'LL LET YOU GUYS DECIDE WHICH OPTION YOU GUYS THINK IS BEST.

UM, AND I'LL OPEN UP FOR ANY QUESTIONS.

ALL RIGHTY.

LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.

OPEN IT UP TO QUESTIONS VICE CHAIR HORNE.

UH, I'LL MAKE A MOTION FOR APPROVAL WITH THE CONDITION THAT THE JOINT USE ACCESS EASEMENT IS REVIEWED AND EXECUTED RECORDED PRIOR TO CO MM-HMM .

REASONABLE USE ZONING ROOM.

MAGGIE, DON'T YOU MS. MICHAEL ALREADY? I ALREADY MISS HIM AND IT'S THE FIRST TIME.

SO JOINT USE, ACCESS APPROVED BEFORE THE CO.

REQUESTED IS UNIQUE TO THE PROPERTY AS THE SITES MAIN ACCESS IS ALONG SEVENTH STREET, THERE IS AN ELEVATION DIFFERENCE OF 10 FEET BETWEEN SEVENTH STREET AND THE ALLEY.

RECORDED, EXECUTED, RECORDED BEFORE APPROVED, RECORDED AND EXECUTED.

REASONABLE USE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR A REASONABLE USE AS THE EXISTING BUILDING IS GOING TO BE REMODELED AS WELL AS IN ADDITION PROVIDED.

AND THERE IS A ELEVATION CHANGE FROM THE FRONT TO BACK THE PROPERTY.

AND IF ANY PARKING IS PROVIDED, THEN IT MUST INCLUDE AN ACCESSIBLE SPACE.

UM, AND THE TWO SIDES HAVE WORKED TOGETHER JOINTLY FOR YEARS.

AND, UH, THIS WILL NOT CHANGE WITH THE JOINT USE OF ACCESS EASEMENT FOR THE HANDICAP SPACE, THE HARDSHIP FOR WHICH THE VARIANCE IS REQUEST

[00:25:01]

SO THE SLOPE MAKES IT SMOKE SLOPE AND THE SMALL SIDE AREA DO NOT REALLY ALLOW FOR, UH, AN ACCESSIBLE PARKING SPACE OR ROUTE ALONG ON, ON THAT PARTICULAR PART OF THE POSTAGE STAMP.

THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED AS SEVENTH STREET IS A MAJOR CORRIDOR, AND I'M SORRY, I'M GONNA PAUSE FOR JUST A SECOND.

AND TOPOGRAPHY DOES CHANGE ALONG, UH, SEVENTH STREET AND IT IS NOT UNCOMMON TO ACTUALLY SEE THAT THE ALLEY SIDE BE HIGHER OR LOWER.

UM, IN THIS AREA, AREA CHARACTER, THE VARIANCE WILL NOT ALTER THE CHARACTER OF 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 DI DISTRICT IN WHICH THE PROPERTY IS LOCATED AS THE SITE WILL CONTINUE TO FUNCTION AS IT HAS WITH THE ACCESSIBLE PARKING ADJACENT THE END.

AGAIN, THIS IS A, UH, MOTION TO APPROVE WITH A CONDITION OF JOINT USE, ACCESS BEING APPROVED, RECORDED, AND EXECUTED BEFORE THE CO MADE BY VICE CHAIR HAWTHORNE.

SECONDED BY BOARD MEMBER STAN, LET'S CALL THE VOTE.

AND, SORRY SAMIR, YOU'RE GOING TO TO BE FIRST EVERY TIME.

'CAUSE TOMMY'S OUT.

SAMIR MARRYING? YES.

JEFFREY BOWEN.

I ACTUALLY HAD A QUESTION, BUT, UH, IT'S WITH HER CONDITION.

SURE.

I'LL GO WITH, I'LL GO WITH IT.

ALRIGHTY.

YOUR VARIANCES GRANTED.

CASES C 15 20 25 0 0 1 0.

BOARD MEMBERS.

THANK YOU FOR YOUR HARD WORK.

YOU DID A GOOD JOB.

NEXT CASE.

MOVING ON.

MOVING ON TO DO VARIANCE

[5. C15-2025-0010 Adam Stephens 801 West 29th Street]

ADAM STEVENS, 8 0 1 WEST 29TH STREET.

YOU'LL STEP UP TO THE DIOCESE.

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

UM, ADAM STEVENS, UH, ON THE OWNER WITH MY WIFE MAGGIE, WHO'S HERE.

AND WE ALSO HAVE OUR ARCHITECT HERE, UH, MIKE HALE.

SO THE HOUSE IN QUESTION WAS BUILT IN 1925 AND APPEARS TO, UH, RETAIN THE ORIGINAL FOUNDATION AND FOOTPRINT AS WELL AS THE 1925 WIRING AND PLUMBING.

UH, MOST RECENTLY THE HOUSE WAS USED AS OFFICES FOR BREEDS HARDWARE.

UM, OUR PLANS ARE TO RETAIN THE, TO REMODEL THE HOUSE, RETAIN THE EXISTING FOOTPRINT, AND RETURN THE HOUSE TO A RESIDENTIAL USE, AND CONVERT THE EXISTING ATTIC SPACE INTO LIVING SPACE WHILE MOD, UH, MODERNIZING ALL THE PLUMBING AND ELECTRICAL SYSTEMS. OUR, UM, HARDSHIP AND OUR ISSUE IS AT THE PROPERTY IS SLOPED.

AND, AND, OH, THERE WE GO.

SO YOU CAN SLOPE FRONT TO BACK AND THAT RESULTED IN A LARGER THAN TYPICAL CRAWLSPACE OF SIX FOOT ONE INCHES.

AND, UM, PER CITY CODE SECTION 3, 3, 4, ANY SPACE OVER FIVE FEET IN HEIGHT CONTRIBUTES TO THE FLORIDA AREA RATIO AND PER CITY CODE SECTION 3 3 3 B, ANY HABITABLE SPACE BELOW GRADE, UM, SUCH AS THIS SPACE, DOES NOT COUNT TOWARDS THE FAR.

HOWEVER, THIS SPACE CANNOT BE CONVERTED TO HABITABLE SPACE SINCE IT'S LESS THAN SEVEN FEET TALL.

SO IRONICALLY, IF THE SPACE WAS LARGER, IT WOULD NOT COUNT TOWARDS THE FAR.

SO, UM, HOWEVER, DUE TO, UM, THE UNIQUE CONSTRUCTION OF THE FOUNDATION, THE HEIGHT OF THE CRAWL SPACE CANNOT BE INCREASED WITHOUT DISMANTLING THE HOUSE.

THE, UH, UNLIKE OTHER 1920S BUNGALOWS, WE TYPICALLY SEE THE HOUSE, THE FOUNDATION IS A SINGLE CONCRETE POUR ALL AROUND THE PERIMETER WITH THE CONCRETE AT THE BASE.

UM, SO WE CAN'T JUST JACK IT UP OR DIG IT OUT TO MAKE THE SPACE HABITABLE.

SO, UM, THE SCENARIO WAS DESCRIBED AS UNIQUE BY CITY PLAN REVIEW STAFF, AND THE SITUATION WAS REVIEWED BY MULTIPLE SENIOR STAFF, INCLUDING PLANS EXAMINER, MANAGER MYRA RIVIERA, AND ULTIMATELY, UM, PLAN EXAMINER.

MIKE PERTA RECOMMENDED APPLYING FOR THIS VARIANCE.

[00:30:01]

OUR GOAL IS TO MAINTAIN THE ORIGINAL CHARACTER OF THE HOUSE AS MUCH AS POSSIBLE.

AND POST REMODEL THE HOUSE WILL FIT IN WELL WITH THE NEIGHBORHOOD.

SO THERE'S THE HOUSE AS IT SITS, SHOWING THE SLOPE FROM ALL FOUR SIDES AND BLOWN UP OF THE ELEVATION CHANGE FRONT TO BACK.

AND THAT'S THE, THE DIMENSIONS OF THE CRAWLSPACE IN QUESTION.

AND THEN THEIR PLANS TO, UM, REMODEL THE HOUSE WITH THE ATTIC DORMERS FOR, UM, ADDITIONAL LIVING SPACE UPSTAIRS.

UM, THE HOUSE WILL FIT IN, UH, WITH THE CHARACTER OF THE NEIGHBORHOOD DIRECTLY BEHIND THE HOUSE.

UH, 2 8 3 6 SODO IS A NEW, UH, 12-YEAR-OLD, UH, NEW CONSTRUCTION HOUSE.

IT'S TWO STORIES DIRECTLY.

NEXT DOOR IS A BUNGALOW THAT HAD A SIMILAR REMODEL IN ADDITION ADDED TO IT AND DIRECTLY ACROSS THE STREET, SAME, SAME BUNGALOW WITH THE REMODEL, AN ADDITION ACROSS THE STREET.

SO, YOU KNOW, OUR GOAL IS TO MAINTAIN THE HOUSE AS IT IS AND MAINTAIN THE CHARACTER OF IT AS MUCH AS WE CAN WHILE RE UH, RETURNING IT TO A RESIDENTIAL USE.

SO, UM, THAT'S ALL I HAVE, SO IF YOU HAVE ANY QUESTIONS FOR MYSELF OR OUR ARCHITECT, PLEASE JUST LEMME KNOW.

ALL RIGHTY.

LET'S OPENING UP THE QUESTIONS AND I'LL LOOK LEFT FIRST THIS TIME.

NOTHING LOOKING RIGHT.

WELL, I'VE GOT SOMETHING TO SAY.

THANK YOU SO MUCH FOR NOT DEMOLISHING THAT ADORABLE LITTLE HOUSE AND PRESERVING A LITTLE PIECE OF AUSTIN.

OH, THANK YOU.

BUT THIS, THIS IS, IN MY OPINION, NOT THE KIND OF HOUSE THAT THE MCMANSION ORDINANCE WAS MEANT TO AFFECT.

UH, I WAS KIND OF SURPRISED TO SEE IT ON, ON THE LIST OF OUR AGENDA AND I WAS LIKE, OH, OKAY.

SO I, OH, VICE CHAIR LER.

MOTION TO APPROVE.

THERE WE GO.

DO YOU HAVE A SECOND BOARD MEMBER? A SECOND BOARD.

MICHAEL'S NOT HERE.

SOMEBODY'S GOT, SOMEONE'S ALWAYS GONNA HAVE TO SECOND FEEL FREE.

GUYS, JUST I'LL SECOND THE MICROPHONE.

ANY OTHER QUESTIONS? FINDINGS, REASONABLE USE ZONING REGULATIONS HAPPEN TO THE PROPERTY, DO NOT ALLOW FOR REASONABLE USE AS THE HOUSE HAS BEEN EXISTING SINCE 1925.

UH, THE CRAWL SPACE IS NOT A HABITABLE SPACE, BUT COUNTS TOWARDS FAR THOUGH IT, IT'S NOT CONVERTIBLE.

AND, AND WHILE IT DOESN'T MEET THE TRUE DEFINITION OF THE BASEMENT, IT IS, IT IS DEFINITELY A UNIQUE SITUATION.

THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY AS THE SITE SLOPE SIX FEET OR SEVEN OR SIX FEET OVER A DEPTH OF 83 FEET OR 7% SLOPE.

AND IT ALSO DROPS ON THE OTHER SIDE ON A 9% SLOPE.

AND THE SLOPE INCREASE A TALLER THAN NORMAL CRAWL SPACE.

THE HARDSHIP IS NOT GENERAL AREA IN WHICH THE PROPERTY IS LOCATED AS I DON'T THINK I'VE ACTUALLY EVER SEEN, UH, A CRAWL SPACE OF THIS NATURE IN, IN THIS AREA.

AND I'VE BEEN HERE QUITE SOME TIME.

SO I WOULD SAY IT'S, IT'S NOT GENERAL, UH, AREA CHARACTER.

THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT.

THE PROPERTY WILL NOT IMPAIR THE USE OF ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED AS THAT HOUSE WILL REMAIN MOSTLY IN ITS ORIGINAL CONFIGURATION FROM 1925 WITH THE, UH, EXCEPTION OF SOME DORMERS ADDED IN THE ATTIC SPACE.

UM, AND SO IT WILL REMAIN IN CHARACTER WITH THE OTHER, UH, STRUCTURES.

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

SECONDED BY BOARD MEMBER BOWEN.

IT'S CALLED THE VOTE.

CONGRATULATIONS FOR VARIANCES GRANTED.

ALRIGHTY.

ROBERT CHEATHAM, 2 74 LA MESA DRIVE.

ITEM SIX

[6. C15-2025-0011 Robert Cheatham 2704 La Mesa Drive]

C 15 20 25 0 0 1 1.

[00:35:03]

DID I PRONOUNCE YOUR LAST NAME CORRECTLY? HOPEFULLY, YES.

UH, STATE YOUR NAME FOR THE RECORD.

YOU'LL HAVE FIVE MINUTES TO SPEAK.

MY NAME'S ROBERT CHEATHAM AND I'M ASKING FOR A FRONT PORCH VARIANCE, UH, AT 27 0 4 LA MESA DRIVE.

AND NEXT SLIDE PLEASE.

SO I HAVE A SINGLE FAMILY CRAFTSMAN STYLE HOME BUILT IN 1948 WITH A SETBACK OF 24 FEET, UH, EIGHT INCHES.

ABOUT 40 YEARS LATER, THE CITY ANNEXED IT FROM THE COUNTY AND INTRODUCED LAND CODE INCLUDING A 25 FOOT SETBACK CLAUSE.

THIS MAKES MY HOME CLASSIFIED AS LEGALLY NON-CONFORMING AND HAS CREATED A HARDSHIP.

AS CITY PLANNING REVIEW INDICATED THAT ONCE A HOME IS CONSIDERED LEGALLY NON-CONFORMING THAT IT CAN'T BE BUILT TO CURRENT CODES WHICH ALLOW FOR A 15 FOOT SETBACK PER LDC 25 DASH TWO DASH 1602 D.

I CHOSE NOT TO TEAR DOWN THE HOME AND KEEP THE CRAFTSMAN STYLE CONSISTENT WITH THE NEIGHBORHOOD AND, UH, JUST FEELS LIKE A LOT OF PEOPLE AROUND ME AREN'T DOING THAT AND THEY ARE GETTING, UM, LESS SETBACKS WHILE I'M STUCK WITH THE 25 FOOT, UM, THE HOUSE IN FRONT OF ME, UH, BESIDE ME, BEHIND MY HOUSE, FIVE HOUSES.

IN FACT, RIGHT BEHIND MY HOUSE, I'LL HAVE LESS THAN 25 FOOT SETBACKS AND I'M JUST ASKING FOR CONSISTENCY THROUGH THE NEIGHBORHOOD AND THE ABILITY TO GO, UH, THREE FEET PAST THE 25 FOOT SETBACK.

NEXT SLIDE PLEASE.

SO THE ASK IS FOR THREE FOOT VARIANCE FROM LAND DEVELOPMENT CODE 25 DASH TWO DASH 4 92, WHICH WOULD REDUCE MY SETBACK FROM 25 FOOT TO 22 FOOT.

UM, THE NEW PORCH DESIGN IS CONSISTENT WITH THE HOUSE AND THE ARCHITECTURE AND THE STREET AND A LARGER FRONT PORCH WOULD, UM, JUST MAKE IT LOOK MORE CONSISTENT NOW THAT SO MANY PEOPLE AROUND ME HAVE THE LARGER PORCHES AND LESS SETBACKS AS WELL.

UM, SO HERE'S A SITE MAP MY HOME RIGHT THERE WITH THE RED, UM, DOT OVER IT.

MY NEIGHBOR DIRECTLY TO THE NORTH HAS AN 18 FOOT SETBACK ACROSS THE STREET.

HAS A 16 FOOT DIRECTLY BEHIND ME.

THERE ARE 16, 22, 21, 21, AND THEN EVEN SOME MORE ON THE OTHER SIDE OF STACY THAT I DIDN'T INCLUDE BECAUSE THE MAP WASN'T BIG ENOUGH, BUT JUST IS SHOWING THAT WITHIN 250 FEET OF MY HOUSE, THERE'S SEVEN HOMES THAT HAVE LESS OF A SETBACK.

AND I'M JUST ASKING FOR, UH, A SIMILAR ABILITY.

NEXT SLIDE, PLEASE.

UM, I THINK THAT THE VARIANCE WOULD ALLOW MY HOUSE TO BE CONSISTENT WITH THE NEIGHBORHOOD AND HAVE A BASIC FUNCTIONING PORCH, UM, INCLUDING A COMMUNITY ASPECT.

BEING, BEING ABLE TO INVITE MY NEIGHBORS OVER TO ACTUALLY HAVE A CUP OF COFFEE ON THE FRONT PORCH, THAT'D BE NICE.

UM, SHELTER IS MY CURRENT FRONT PORCH.

MY RAIN COMES IN THE FRONT DOOR AND HITS, HITS THE MAIL AND ALL OF THAT.

I'D, I'D LOVE TO HAVE A SCREEN DOOR FOR THE TEXAS BUGS, BUT IF I WANTED A SCREEN DOOR NOW ON MY FRONT PORCH, I WOULD HAVE TO RETREAT DOWN THE STEPS TO BE ABLE TO OPEN IT MUCH LESS IF I NEEDED TO PUT A BABY STROLLER OR A WALKER OR ANYTHING LIKE THAT FOR, UM, ANY AGING PARENTS OR ANYTHING LIKE THAT.

SO I'D JUST LIKE TO HAVE ACCESSIBLE ENTRY AND A LITTLE BIT MORE SAFETY AND MORE CONSISTENCY WITH THE NEIGHBORHOOD.

AND, UM, THAT'S ALL I HAVE.

THANK YOU FOR YOUR CONSIDERATION.

ABOUT TWO AND A HALF TO ALMOST THREE FEET AND THEN PUTTING IN A NEW ONE.

LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND OPEN UP TO QUESTIONS LOOKING LEFT BOARD MEMBER BOWEN.

UH, REAL QUICK, UM, LOOKING AT YOUR ONE DRAWING WHERE YOU'VE GOT IT KINDA SHOWING, YOU'RE SHOWING NEW CONCRETE WALK, HOW MUCH, AND, AND I'M CONCERNED THAT YOU, I DON'T KNOW WHAT YOUR IMPIOUS COVER CURRENTLY IS, THAT YOU MAY BE INFRINGING ON THAT AND I DON'T WANNA SEE YOU HAVE TO COME BACK BASED UPON THAT ISSUE.

SO MY QUESTION IS HOW MUCH CONCRETE WALK YOU'VE GOT VERSUS THE DECOMPOSED GRANITE THAT YOU'RE PLANNING ON ADDING SO THAT IT KEEPS YOU FROM COMING BACK AND ASKING FOR A VARIANCE ON, UH, IMPERVIOUS COVER? YES SIR.

IT'S A GREAT QUESTION.

SO THE, UM, THE NEW CONCRETE WALKWAY THERE WOULD BE JUST REPLACING THE EXACT SAME DIMENSIONS OF THE EXISTING CONCRETE WALKWAY.

THE REASON FOR THE DEMO AND MOVING THE CONCRETE WALKWAY OVER IS IF I EXPANDED MY PORCH FROM FOUR TO SEVEN AND A HALF WIDE RIGHT, THE SIDEWALK WOULD BE COMING UP ONTO THE SIDE OF IT, NOT SYMMETRICAL RIGHT THROUGH THE MIDDLE OF IT LIKE IT IS RIGHT NOW.

SO WE'LL JUST BE DEMOING THE OLD THREE FOOT WALK, UH, SIDEWALK, MOVING IT OVER

[00:40:01]

SO THERE WOULDN'T, YEAH, I WAS LOOKING AT THE SIDE THAT YOU GOT YOUR DRAWING HERE SHOWS IT KIND OF LIKE ALL THAT'S ALL NEWS CONCRETE GOING OUT TO THE SIDES OF IT VERSUS THAT'S THAT WAS MY KIND OF MY CONCERN.

AND, AND I'VE REVIEWED THE, UM, THE METRICS FOR BUILDING AREA LOTS AND PURPOSE COVERAGE AND EVERYTHING AND WILL BE IN COMPLIANCE.

ALRIGHT.

AYE, CHAIR MOTION TO APPROVE.

SECOND, THAT, THAT'S A MOTION TO APPROVE WITH A SECOND BY BOARD MEMBER OT FINDINGS.

PLEASE.

REASONABLE USE ZONING RE REGULATIONS.

APPLICANT PROPERTY DO NOT ALLOW FOR REASONABLE USE AS THE HOUSE IS BUILT IN 1948.

AND, AND SINCE IT WAS ANNEXED, IT WAS CONSIDERED EXISTING NON-CONFORMING AS IT HAS A 24 FEET EIGHT INCH SETBACK.

BUT CURRENT CODE WOULD PERMIT A NEW HOUSE TO HAVE A 15 FOOT SETBACK UNDER 25 D TO 1602 D.

AND, UH, BECAUSE HE'S NON-CONFORMING, UH, IT'S, IT'S A LITTLE ODD THAT HE'S NOT ALLOWED TO ENJOY A 15 FOOT SETBACK.

THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT HE'S PRESERVING HIS HOUSE AND MAKING IT LIVABLE AND MORE ENJOYABLE FOR THE NEIGHBORS.

THE HARDSHIP IS NOT GENERAL TO THE NEIGHBORHOOD IN WHICH THE PROPERTY IS LOCATED AS, UH, SEVERAL HOUSES.

LET ME THINK ABOUT THAT FOR ONE SECOND.

AS YOU DON'T SEE MANY EXISTING NON-CONFORMING HOUSES, UH, WITHIN THE AREA, THE AREA CHARACTER, THE VARIANCE WILL NOT ALTER CHARACTER.

THE AREA ADJACENT TO THE PROPERTY WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED AS SEVERAL HOUSES IN THE NEIGHBORHOOD ALL ENJOY A SMALLER SETBACK AND, AND EXTENDING THE FRONT PORCH WILL JUST BRING, UH, A MORE OPENNESS AND, AND GENERAL NEIGHBORLY FEELING TO THE AREA.

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

SECONDED BY BOARD MEMBER PETIT.

LET'S CALL THE VOTE BEARING.

UH, SUZANNE VALENTINE? YES.

YOUR VARIANCE IS GRANTED.

BOARD MEMBER VALENTINE.

THANK YOU AGAIN FOR FILLING IN TONIGHT.

OF COURSE.

ITEM SEVEN

[7. C15-2025-0012 Brendan McEntee for Dessau Lutheran Cemetery-Kent Saathoff 13300 Dessau Road]

C 15 20 25 0 0 1 2.

BRENDAN MCKENTY FOR DESAL LUTHERAN CEMETERY, KENT SOFF, 1 3 3 0 0 DESAL ROAD.

GOOD EVENING EVERYBODY.

MY NAME IS ALEXANDER HOMBRE.

UH, I'M A CIVIL ENGINEER WITH CARLSON BRISON DUR.

UH, WE ARE A LOCAL LAND DEVELOPMENT FIRM.

WE OFFER ENGINEERING AND SURVEYING SERVICES AND A LOT OF TIMES THAT INCLUDES, UH, PROCESSING AND PERMITTING FINAL PLATS WITH VARIOUS JURISDICTIONS.

UH, ONE SUCH FINAL PLAT IS ONE THAT WE'RE WORKING THROUGH, UH, ON 13 300 DESSAU ROAD.

IT'S A FULL PURPOSE CITY OF AUSTIN FINAL PLOT.

AND, UH, I BELIEVE WE'VE IDENTIFIED A HARDSHIP IN TRYING TO GET THIS PERMITTED WITH THE CITY.

SO I'M JUST GONNA SKIP HERE.

UH, THIS IS JUST AN OVERVIEW OF THE SITE.

TO GIVE YOU SOME CONTEXT.

YOU CAN SEE DESAL ROAD IS NORTH, SOUTH HOWARD LANE IS EAST, WEST, UP THERE.

AND IN BOLD IS OUR EXISTING LOT CONFIGURATION.

THE TOP LOT THERE, THE NORTH MOST LOT IS OWNED BY THE CORNERSTONE BAPTIST CHURCH.

UH, THERE ISN'T MUCH ON THERE EXCEPT FOR THOSE TWO STRUCTURES TO THE LEFT.

THOSE ARE THE BUILDINGS THAT ARE USED BY THE CHURCH AND THEY'RE SERVED BY THAT GRAVEL ACCESS ROAD.

UH, LEADING TO THE BUILDINGS.

BELOW THAT, WE HAVE TWO LOTS THAT ARE OWNED BY THE DESAL LUTHERAN CEMETERY ASSOCIATION.

ALTHOUGH THE CEMETERY IS CONTAINED TO THE MIDDLE MOSTS LOT, THE LOT NEXT TO IT IS ACTUALLY VACANT.

THERE USED TO BE SOME SORT OF STRUCTURE THERE THAT WAS REMOVED A FEW YEARS AGO AND THEN THAT LONG LOT BELOW IT IS OWNED BY A LADY NAMED PATRICIA AND THERE'S NOT MUCH ON THERE, JUST SOME ABANDONED SHACKS AND WHATNOT.

AND THEN A 5G TOWER RIGHT UP

[00:45:01]

AGAINST THE ROAD.

UM, SO IF WE SKIP TO THE NEXT SLIDE HERE.

THIS IS TO GIVE SOME FURTHER CONTEXT ON THE EXISTING ZONING AND LOT ACREAGES.

SO IN 2023, UH, AN ORDINANCE WAS PASSED THAT CHANGED THE GREEN LOT OWNED BY THE CHURCH AND THE BLUE LOT OWNED BY PATRICIA TO MF FOUR ZONING WITH THE INTENT OF COMBINING THOSE LOTS AND THEN DEVELOPING SOME SORT OF, UH, MULTIFAMILY, UH, COMPLEX, PROBABLY AN APARTMENT COMPLEX.

AND THE RED THERE IS WHAT'S OWNED BY THE CEMETERY.

IT WAS NOT INCLUDED IN THIS REZONING ORDINANCE AND IT RETAINS ITS ORIGINAL, UH, ZONING CLASSIFICATION.

THE ONE ON THE LEFT WAS CREATED IN THE YEAR 2000 AND ASSIGNED DRH, WHICH IS DEVELOPMENT RESERVE HISTORICAL, I BELIEVE THIS IS 'CAUSE OF THAT, UH, BUILDING THAT I MENTIONED.

THERE WAS SOME SORT OF, UH, BUILDING WITH HISTORICAL SIGNIFICANCE THAT WAS USED BY THE CH UH, CEMETERY AND THEN, UH, LATER RELOCATED.

SO DRH, BUT IT IS VACANT AND THEN THAT MIDDLE LOT IS ZONED DR AND I APOLOGIZE, THERE'S A TYPO IN THIS SLIDE.

IT'S ACTUALLY 1.37 ACRES.

UH, BUT THAT IS JUST THE BASE DR ZONING.

IT WAS ESTABLISHED IN 1977 WHEN THE CEMETERY WAS ORIGINALLY CONSTRUCTED.

SO, UM, YOU CAN KIND OF SEE HERE THAT JUST RIGHT OFF THE BAT WITHOUT ANY ZONING CLASSIFICATION, THAT'S NOT A CONFORMING LOT.

NEITHER OF THEM ARE IN THE RED.

UH, THERE'S NO FRONTAGE TO A PUBLIC ROAD AND THEY'RE, THEY'RE QUITE TINY.

UH, I THINK THIS MAY HAVE BEEN JUST BECAUSE OF MORE LENIENT CODES BEING ESTABLISHED.

UM, THE ZONING IS APPROPRIATE BECAUSE THERE'S NO, UH, RESIDENTIAL INDUSTRIAL COMMERCIAL PROPOSED ON THERE.

UH, HOWEVER THEY DO CURRENTLY EXIST IN A NON-CONFORMING USE.

UH, AND I THINK THE, THE HARDSHIP THAT WE'RE FACING COMES FROM UH, LDC 25 DASH TWO DASH 4 92, WHICH KIND OF SETS THE MINIMUM LOT REQUIREMENTS FOR, UH, THE VARIOUS ZONING CLASSIFICATIONS FOR DR.

THE MINIMUM LOT SIZE REQUIRED IS 10 ACRES AND THE MINIMUM LOT WIDTH IS A HUNDRED FEET.

SO IF WE COME HERE, THIS IS KIND OF THE FINAL PLOT THAT I MENTIONED THAT WE'RE TRYING TO GET PROCESSED WITH THE CITY OF AUSTIN.

UH, WE'RE MEETING THE INTENT OF THE MULTIFAMILY ZONING ORDINANCE BY COMBINING THOSE TWO LOTS, UH, AS SHOWN IN THE PURPLE.

AND WE ARE DOING OUR BEST TO CLEAN UP THE EXISTING, UH, UNFORTUNATE CONFIGURATION THAT WE HAVE WITH THOSE CEMETERY LOTS BY EXTENDING A FLAG LOT TO DESAL ROAD AND COMBINING THE TWO CEMETERY LOTS.

AND THEN THAT GREEN THERE IS TO ACCOMMODATE THAT EXISTING CHURCH STRUCTURE THAT WE LOOKED AT IN THAT, UH, PREVIOUS SLIDE.

SO THERE WOULD BE A SHARED ACCESS DRIVE OVER THE RED AND THE GREEN THAT KIND OF LEADS TO THE CHURCH AND THE CEMETERY WITH AN EASEMENT OVER IT FOR ACCESS.

UH, HOWEVER, BECAUSE OF THAT LDC UH, 25 DASH TWO DASH 4 92, ANY ATTEMPT TO SUBDIVIDE THIS TRIGGERS A, UH, A VIOLATION OF THE MINIMUM LOT SIZE.

AND WE, WE TALKED QUITE A BIT ABOUT, UH, THIS WITH THE CITY SUBDIVISION DEPARTMENT WITH JUAN ENRIQUEZ AND, UM, JOEY GARZA AND THEY JUST, THEY CAN'T GRANT US LENIENCY 'CAUSE IT'S THEIR OWN RULE.

UH, SO THEY SUGGESTED THAT WE STOP BY HERE AND JUST KIND OF, I, I DO BELIEVE IT'S A BIT OF A HARDSHIP JUST BECAUSE THE CONDITION EXISTED BEFORE WE TOUCHED IT.

UH, I THINK IT WAS CREATED WHEN THE CODE WAS A BIT MORE LENIENT AND WE'RE JUST KIND OF LOOKING FOR SOME RELIEF TO, UH, PROCESS THIS SUBDIVISION TO CARRY OUT THE INTENT OF THAT, UH, MF FOUR ZONING ORDINANCE THAT WAS APPROVED BY THE CITY.

SO I THINK A VARIANCE TO THE MINIMUM LOT SIZE AND A LOT, UH, A VARIANCE TO THE MINIMUM LOT WIDTH IS WHAT WE ARE AFTER, PARTICULARLY FOR THOSE DR.

THE LOT SIZE, ARE YOU MAKING IT NON COMPLYING BY THE SUBDIVISION BECAUSE YOU'RE GOING TO BE APPLYING FOR SOME KIND OF CONSTRUCTION ON THE MF FOUR THAT'S LEFT.

LET'S GO AHEAD AND OPEN IT UP TO QUESTIONS.

VICE CHAIR, HAWTHORN, UH, I HAVE A QUESTION.

SO I UNDERSTAND YOUR PREDICAMENT, BUT CAN YOU TELL ME IF YOUR LOT THAT YOU'RE CREATING FOR THE CORNERSTONE BAPTIST CHURCH COMPLIES TO MF FOUR ZONING FOR IMPERVIOUS COVER BUILDING COVERAGE, SETBACKS, ET CETERA? YES, MA'AM.

SO WE ARE NOT PROPOSING ANY NEW IMPROVEMENTS ON THAT LOT.

AND WE SUBMITTED THIS FINAL PLAT TO THE CITY OF AUSTIN AND THE ONLY, UH, COMMENT OR VIOLATION THAT CAME BACK TO US WITH, UH, WAS FOR THAT MINIMUM LOT SIZE.

UH, WHEN WE GO TO PROCESS A SITE PLAN, IT WILL ONLY BE FOR THAT MF FOUR TRACK THAT'S SHOWN IN PURPLE.

WE WE'RE NOT TRYING TO DO ANY, UH, ALTERATIONS TO THE CHURCH TRACT OR THE CEMETERY TRACT.

WE JUST WANT TO KIND OF CARVE OUT A PATH FOR THEM TO HAVE FRONTAGE TO THE PUBLIC ROAD.

I KNOW, UM, I, I THINK YOU'RE ASKING ME ABOUT THE, THE SHARED ACCESS DRIVE AND WHETHER OR NOT THAT'LL BE A VIOLATION.

WELL, IN YOUR RECONFIGURING MM-HMM .

YOU'RE TAKING THE CHURCH SITE DOWN TO A MUCH SMALLER LOT AND THERE'S ZONED MF FOUR.

SO ARE YOU MAKING, BESIDES THE ACCESS, BESIDES

[00:50:01]

IN PURPLE.

BUT I'M ASKING YOU IF YOU'RE MA IF IN THE NICEST WAY ARE YOU BREAKING THE GREEN? I DON'T BELIEVE WE ARE BECAUSE IT IS WITHIN THE MF FOUR ZONING, UH, LIMITS, WHICH GIVES IT A PRETTY HIGH ALLOWABLE IMPERVIOUS COVER.

UH, THERE'S LOTS OF GREEN SPACE THERE THAT WE WOULDN'T BE DEVELOPING OVER WITH ANY SORT OF ACCESS ROAD.

SO I, I DON'T THINK THAT WE WOULD BE, UH, VIOLATING ANY IMPERVIOUS COVER REQUIREMENTS, BUT THAT, THAT'S A STONE THAT WE WOULD PROBABLY UNCOVER AS WE GET CLOSER TO SITE PLANNING.

BUT JUST FROM AN INITIAL FEASIBILITY, IT SEEMS LIKE WE'RE OKAY.

SO YOU'RE ONLY ALLOWED 55% BUILDING COVERAGE AND 65% IMPERVIOUS COVER.

ON MF FOUR.

SO BY SHRINKING THE GREEN, I'M JUST, MY CONCERN IS THAT YOU'RE MAKING IT MORE NON-COMPLIANT.

CAN I JUMP IN? OH YEAH.

UH, CAN YOU SURE.

CAN I JUMP IN? YES.

UH, PLEASE STATE YOUR NAME FOR THE RECORD.

CAN YOU GO BACK TO THIS? YOU TELL US WHO THIS PERSON IS? REAL QUICK CASE.

THIS IS BRENDAN MCKENTY.

HE WAS ACTUALLY THE APPLICANT.

UH, HE'S ALSO AN ENGINEER AT CARLSON BRISSON DUR.

OH, UH, YEAH, WE'RE BOTH LISTED.

I WAS BRENDAN MCT, I'M A CIVIL ENGINEER WITH CARLSON BRISON DUR.

I GUESS LET, LET ME CLARIFY, MELISSA, YOUR QUESTION, CAN YOU GO BACK TO THOSE PROPOSED ZONING? I CAN, CAN WE HAVE THE PRESENTATION BACK UP? CAN YOU GO TO THE PROPOSED ZONING? SURE.

SO TO AN, TO ANSWER YOUR QUESTION, THE THE RESIDUAL TRACK THAT'S GOING TO RESIST FOR THE GREEN IS WITHIN THE NEWLY C CREATED MF FOUR ZONING THAT WAS PASSED IN 2023.

THE SITE PLAN IS NOT GOING TO TOUCH THAT.

SO C THE, THE EXISTING CHURCH REMAINS IN ITS EXISTING USE WITHIN THE MF FOUR ZONING.

TO ANSWER YOUR SPECIFIC QUESTION, DO I FEEL LIKE WE'RE PINNING THEM IN? IS IT IF AND WHEN THEY COME BACK AT A SUBSEQUENT TIME TO DEVELOP THAT THEY WILL BE PLACED IN A HARDSHIP? NO, MS FOUR IS AN APPROPRIATE STOP GAP FOR THEM.

UH, THEY HAVE SUFFICIENT IMPERVIOUS COVER AND THAT EXISTING DEVELOPMENT THAT IS CURRENTLY TODAY, PROBABLY AN EXISTING GRANDFATHER, NON NON-CONFORMING USE, WILL NOT BE HARMED BY THIS PROPOSAL.

THIS IS REALLY FOCUSING ON THE DR, WHICH HAS THE 10 ACRE MINIMUM RIGHT.

WITH THE REST, BUT WHAT WE ARE NOT LEAVING THE RESIDUAL, UH, IN, IN ANY SORT OF HARDSHIP, NOR DO WE EXPECT THAT WE'RE GONNA HAVE TO COME BACK WITH FUTURE VARIANCES IF AND WHEN THE, THE, UH, CHURCH WOULD GO THROUGH A DEVELOPMENT PROCESS.

WHAT THIS DOES THOUGH IS IT ALLOWS THEM, RIGHT NOW THEY'RE ON SEPTIC WITH WELLS AND IT DOES ALLOW THEM AS PART OF THIS DIVISION, ALL OF A SUDDEN WE WOULD AFFORD THEM THE OPPORTUNITY TO WORK WITH AUSTIN WATER AND TO GET SOME, TO GET INTO A MORE APPROPRIATE UTILITY SYSTEM.

SO THEY DO BENEFIT FROM THIS DIVISION, ALTHOUGH THEY'RE NOT REALLY DIRECTLY IMPACTED RATHER THAN A HARDSHIP.

I HAVE A LONG MEMORY.

ABSO ABSOLUTELY.

SO, SO I JUST WANNA SAY IT'S A, IT'S A VERY FAIR QUESTION AND I, THAT'S WHY I WANTED TO MAKE SURE WE ADDRESSED IT.

SHE REMEMBERS EVERYTHING.

BUT YES, WE DON'T, WE'RE NOT CREATING A HARDSHIP AS A RESULT OF THIS REQUESTING RELIEF FROM ANOTHER HARDSHIP.

YES, MA'AM.

THANK YOU FOR THAT CLARIFICATION.

UH, I, UH, I AM REMINDED OF A, OF A MS. BETTY BAKER STORY, WHICH I WILL TELL YOU ALL AFTER THE MEETING JUST BECAUSE SHE HAD A VERY LONG MEMORY AND SHE HAD THIS FINGERNAIL AND, UH, IT'S A GOOD STORY.

THREE YEARS AGO, SHE SAYS, DIDN'T I HEAR THIS CASE BACK IN 2008? REAL STORY.

BALANCE OF THE TRACK.

IT WAS BALANCE OF THE TRACK.

SO, UM, OTHER QUESTIONS.

VIRTUAL BOARD MEMBERS, DO I HAVE A MOTION BOARD MEMBER? BOEING, DO YOU HAVE A QUESTION? UH, UH, GIMME JUST A SECOND.

I I OPENED TOO MANY TABS.

IT IS A COMPLICATED ONE.

I OPENED TOO MANY TABS AND I CLOSED THE ADVANCE PACKET.

I I DO HAVE A QUESTION.

BOARD MEMBER BOEING.

SO RIGHT NOW, THE INTENT IS TO COMBINE THESE TRACKS FOR FUTURE USE, NOT FUTURE USE.

UH, IF WE LOOK AT THE WAY THAT THEY ARE CURRENTLY SITUATED, THE MF FOUR ZONING COVERS THE ENTIRETY OF THE GREEN AND THE ENTIRETY OF THE BLUE.

CORRECT.

SO WHEN WE ESTABLISH THIS PURPLE LOT, IF WE WERE TO TAKE UP THE ENTIRETY OF THE GREEN AND THE ENTIRETY OF THE BLUE, THERE WOULD BE NO WAY IN THE FUTURE FOR THIS CEMETERY TO RECEIVE FRONTAGE TO DUST ALL ROAD AND FOR THOSE BUILDINGS IN THE BACK TO RECEIVE FRONTAGE.

[00:55:01]

I'LL MAKE A MOTION TO APPROVE.

I TELL YOU, I MS. MICHAEL .

I SECOND THAT.

I'LL, MICHAEL AND I USUALLY DOWN HERE AND WE USUALLY, I'M FEELING A LITTLE ATTACKED, ENTERTAIN OURSELVES.

, I, UH, I GIVE YOU A SECOND NOW.

GOOD FINDINGS, REASONABLE USE THE ZONING RE REGULATIONS.

ALU PROPERTY DO NOT ALLOW FOR A REASONABLE USE AS, UH, DR.

ZONING TRACKS REQUIRE 10 ACRE MINIMUM AND A HUNDRED FOOT OF LOT WIDTH.

AND AS THEY ARE LANDLOCKED UNDER, UM, A CURRENT CONFIGURATION, UH, GIVING THEM ACCESS TO DESSAU IS, IS WHAT IS WHAT IS NEEDED.

THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS SO UNIQUE TO THE PROPERTY IS THAT WHILE THE TWO LOTS EXIST IN THE CONFIGURATION AND, AND HAVE AMICABLY GOTTEN ALONG, IN ORDER TO ACTUALLY MAKE IT LEGAL, THEY NEED TO HAVE SOME KIND OF ACCESS AND, AND, UH, RELIEF ON LOT SIZE IN ORDER TO BE ABLE TO GET BACK THERE.

THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE CONFIGURATION IS LOCATED BECAUSE YOU DON'T USUALLY SEE A CEMETERY LOT BURIED IN THE BACK .

AND, UH, AND IT PROBABLY WORKS IN ASSOCIATION WITH THE CHURCH AND, AND IT'S PROBABLY JUST FINE.

THE VARIANCES WILL NOT ALTER THE CHARACTER THERE 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 THE VARIANCE WOULD ALLOW, UH, A SUBDIVISION AND ACCESS TO A PROPERTY THAT HAS BEEN LANDLOCKED FOR A NUMBER OF YEARS AT THE END.

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

IT'S CALLED THE VOTE.

WITH THE NOTE THAT I AM OLD ENOUGH TO HAVE WATCHED POLTERGEIST IN THE THEATERS AND YOU SHOULD USE IT AS A HANDBOOK.

IF Y'ALL ARE GONNA GO BUILDING STUFF AROUND THERE OR LET US KNOW SO WE CAN SAVE OUR HOUSES.

UH, MELISSA HAWTHORNE.

YOUR VARIANCE IS GRANTED.

DONNA CARTER, BERLIN SHERMAN 3 5 0 5 GREENWAY STREET.

MOVING ON TO ITEM EIGHT

[8. C15-2025-0013 Donna Carter for Lynn Sherman 3505 Greenway Street]

C 15 20 25 0 0 1 3.

AND GIVE US JUST A SECOND TO GET YOUR PRESENTATION PULLED UP.

BRINGING HIS IMPERVIOUS COVER OVER THE 45%.

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

I'M DONNA CARTER, UM, WITH CARTER DESIGN ASSOCIATES AND I SURE HOPE MELISSA HAS A LONG MEMORY.

AND I TOO MS. MICHAEL ON THE DAIS.

UM, THIS IS A REQUEST FROM VARIANCE, UH, FROM LDC 25 2 4 92 IMPERVIOUS COVER, UH, 45% AND WE'D LIKE TO MAINTAIN THE EXISTING 54.5 IMPERVIOUS COVER OF THE SF TWO CONP RESIDENCE THAT IS CURRENTLY ON THE SITE.

UM, FRONT YARD SETBACK OF 25 FEET.

AND UM, WE WOULD LIKE TO MOVE AN EXISTING CARPORT COLUMN WITHIN THE ORIGINAL CARPORT SETBACK AND THAT WOULD REQUIRE A SETBACK OF 23 FEET.

WE ARE A LEGAL NONCONFORMING USE, THEREFORE WE NEED THIS VARIANCE IN ORDER TO MOVE THE COLUMN.

UM, FOR THAT CARPORT.

I SURE HOPE I HAVE THE RIGHT BUTTONS HERE.

I DO.

THIS IS A FAIRLY CONFUSING SITE PLAN, BUT THE THING TO NOTE IS THE BLUE AREA TO THE NORTH THAT IS AN EASEMENT THAT'S BEEN RECORDED WITH THE COUNTY.

IT WAS PART OF THE SUBDIVISION AND THEN PART OF THE SUBSEQUENT BUILDING PERMITS FOR THE TWO STRUCTURES THAT SHARE THAT EASEMENT.

THAT EASEMENT IS SOLELY BORN ON THE LEGAL LOT OF MY CLIENT AND THEREFORE THAT EASEMENT, WHICH IS COVERED WITH DRIVEWAY NOW, IS WHAT IS

[01:00:01]

THAT EASEMENT CAN'T BE CHANGED, AS YOU'LL SEE IN THE PHOTOGRAPHS.

IT, IT DOES PROVIDE ACCESS TO THE HOUSE NEXT DOOR AND IT PROVIDES ACCESS TO THAT DR TO WHERE THEY PARK THEIR CARS.

IN TERMS OF WHAT WE'RE PLANNING ON DOING, THE LITTLE TINY GRAY AREAS ARE A LITTLE HARD TO SEE ARE ESSENTIALLY WHAT WE'RE ADDING.

IT'S A LITTLE AREA TO, FOR STORAGE AND IT'S A CLOSET AT THE END.

WE WILL BE TAKING OUT THE AREAS IN THE LARGE BLUE CIRCLES, REMOVING IMPERVIOUS COVER THAT IS ALREADY THERE, UM, IN TERMS OF SOME LANDSCAPE.

UM, AND WE ARE DOING THAT, WHICH IS WHAT ALLOWS US TO HAVE THE SMALL ADDITIONS AND STILL STAY WITHIN OUR EXISTING IMPERVIOUS COVER.

WHOOPS.

LET'S GO BACK.

UM, IN THE RIGHT HAND CORNER, WE ARE TAKING AWAY A SHED.

UM, THAT IS WHERE SOME WATER, UM, RECLAIM OR COLLECTION EQUIPMENT WILL BE, UM, IN THAT BACK CORNER, UH, TO THE RIGHT, JUST NEXT TO EXHIBIT B.

BUT THAT WILL BE THERE.

THE PHOTOGRAPHS SHOW.

UM, FIRST OF ALL, ONE OF THE OTHER HARDSHIPS THAT'S NOT A HARDSHIP, IT'S A REALLY WONDERFUL THING, IS THAT THERE ARE EXTREMELY LARGE TREES ON THE SITE, BOTH ON OUR SITE AND OFF OF OUR SITE, WHICH IT IMPACT ANYWHERE THAT WORK CAN BE DONE ON THE SITE.

UM, BUT WE ALSO SEE ON THE LOWER RIGHT HAND CORNER, THAT'S WHERE YOU START TO SEE THAT JOINT ACCESS.

AND YOU SEE IT'S ACTUALLY THE FRONT ENTRANCE OF THE HOUSE NEXT DOOR.

SO AGAIN, WE CAN'T CHANGE THAT.

UM, THAT'S PART OF THE, THE ORIGINAL EASEMENT.

IT'S PART OF THE CONSTRUCTION NOW.

THE HISTORY, IT, IT WAS A RE RE SUBDIVISION OF A HISTORIC, UM, BAKER PROPERTY.

UM, IT, THE DRIVEWAY IS ACTUALLY THE EXISTING DRIVEWAY THAT EXISTED FOR THE LARGEST STATE.

UM, THERE IS THIS JOINT USE AGREEMENT.

IT IS PERPETUAL AGREEMENT.

UM, IT WAS PUT IN THE PLACE AT THE TIME OF THE DEVELOPMENT AND IT WAS MADE PART OF THE BUILDER AND DEVELOPMENT, UH, AGREEMENTS.

UM, THE 1981 CITY CODE 13 2 1 26 SUBSECTION F AND H OUTLINED HOW UM, YOU COULD HAVE CONSTRUCTION AND HOW YOU WOULD USE THAT EASEMENT.

AND UM, IT ALSO DESCRIBED THAT THE LOT THAT WAS UNBURDENED BY THE EASEMENT HAD TO BE CONSTRUCTED AND HOW THE JOINT USE SHOULD BE ADDRESSED, UM, WHEN INTERPRETING THE LAND CODES.

AND IT ACTUALLY GAVE CREDIT TO OUR SITE AT, IN 1981 FOR HAVING PROVIDED THE EASEMENT FOR THE REST OF THE SUBDIVISION.

UM, THE, THE CONSTRUCTION OF THE HOUSES WERE DULY PERMITTED AND UM, BASICALLY FOLLOWED THE, UM, RULES OF THE TIME.

SO OUR ISSUES ARE THAT WE DO HAVE AN EXISTING DRIVEWAY, UM, AND IT DOES EXCEED THE IMPERVIOUS COVER.

UM, WE ARE, OUR SUBJECT PROPERTY IS BURDENED WITH THIS JOINT USE DRIVEWAY.

NO OTHER PROPERTY IN OUR AREA IS BURDENED WITH THAT EASEMENT AND THAT EASEMENT IS SOLELY ON OUR PROPERTY.

AND ALL OF THE NEGATIVE EFFECTS UNDER THE CURRENT ZONING ARE BORN BY THIS, UH, PROPERTY.

WE ARE REMOVING SOME IMPERVIOUS COVER AS WE'RE GOING AND WE'RE GONNA BE MAINTAINING THE REST OF THE LOT.

LEGAL, YOU DID APPROVE THIS LAST TIME BECAUSE OF SOME OTHER CIRCUMSTANCES WE WERE UNABLE TO COMPLETE UH, OUR CONSTRUCTION, UH, AND GET A PERMIT BEFORE IT EXPIRED.

ARE THERE ANY QUESTIONS? ALRIGHT, THANK YOU VERY MUCH.

LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.

OPEN IT UP TO QUESTIONS AND WE'LL START WITH BOARD MEMBER BOWMAN.

OKAY, SO WE'VE SEEN THIS BEFORE.

YOU HAVE SEEN THIS BEFORE AND YOU APPROVED IT BEFORE.

I THOUGHT I WAS HAVING A DEJA VU MOMENT WHEN I RAN .

IS IT THE SAME? IT'S EXACTLY THE SAME.

THERE HAVE BEEN NO CHANGES.

SO WE, SO OUR PERMIT RAN OUT, PERMIT RAN OUT, AND THAT'S ALL ON ME.

AND I DIDN'T READ THE LITTLE TICKLER, UM, IN MY CALENDAR THAT SAID CALL THE CITY.

WELL THEN THERE WILL BE PUNISHMENT AT THE END OF THIS FOR NOT DOING THAT.

EXACTLY.

UM, I, BECAUSE WHEN I LOOKED AT THIS I WENT, I'VE SEEN THIS BEFORE.

NO.

WAS IT A DREAM OR WAS I JUST NO, YOU HAVEN'T SEEN THIS BEFORE 'CAUSE YOU WEREN'T HERE.

I THINK WE'VE SEEN SOMETHING LIKE THIS BEFORE.

YEAH, IT IS SOMETHING WE'VE SEEN.

WELL AND YOU MIGHT HAVE SEEN THE OTHER HOUSES ACTUALLY.

'CAUSE THIS IS A VERY INTERESTING

[01:05:02]

OF THE HISTORIC ESTATE.

SO I KNOW I'VE SEEN, YEAH.

ALRIGHT, NEVERMIND.

YOU'VE ANSWERED MY QUESTION.

I DIDN'T KNOW IF I WAS LOSING MY MIND OR WHAT.

SO THANK YOU VICE CHAIR.

SO CAN I JUST MAKE THE MOTION AND USE THE FINDINGS FROM THE LAST VARIANCE OR DO I HAVE TO READ THE FINDINGS QUESTION? PARALEGAL , IF I COULD GET YOU TO JUST STEP TO YOUR RIGHT FOR JUST A MOMENT, PLEASE.

UH, ERICA LOPEZ, ASSISTANT ATTORNEY.

IF YOU COULD PLEASE REREAD THE FINDINGS FOR THE RECORD.

VICE CHAIR.

JUST WANTED TO TRY TO MAKE MY LIFE A LITTLE EASIER THERE FOR A SECOND.

UM, SO I'LL MAKE A MOTION FOR APPROVAL.

I HAVE A QUICK QUESTION, PLEASE.

UH, WHO SAID THAT? UH, OR MEMBER MEDINA.

LEON? YES.

UM, WHEN IT WAS PREVIOUSLY PASSED, UH, WERE THERE ANY CONDITIONS? RAINWATER COLLECTION? RAINWATER COLLECTION.

DID I MAKE THAT ONE? YEAH, I THINK I DID.

OH, SO WOULD WE KEEP THE SAME CONDITION? YEAH, THAT'S WHY I WAS JUST GONNA TRY TO DO THE EASY AND WHAT WE SAID BEFORE THING.

UM, MS. CARTER, DID YOU INCLUDE THE PREVIOUS YES, I DID.

I'M GETTING THERE AND I REWROTE THEM A LITTLE BIT.

IF YOU WANT ME TO HAND ME MY PAPER, HAND YOU MY PAPERS.

I WAS JUST LOOKING FOR THE, THESE ARE SOME REALLY PRETTY HOUSES.

YEAH, IT'S, UH, IT IN THE LANDS WHERE EVERYBODY'S TEARING EVERYTHING DOWN AND BUILDING THE FREEZER BOX HOUSE THAT'S WHITE.

IT IS SO REFRESHING THAT ON THIS PARTICULAR AGENDA, IT'S REALLY ABOUT THE HOUSE THAT'S THERE AND MAKING THE HOUSE PROUD.

SO I AM, I AM PLEASED AT THIS AGENDA AND THAT I, I WISH WHILE WE'RE MAKING ALL OF THESE THINGS EASIER FOR EVERYBODY ELSE, THAT IT SHOULD BE EASIER TO PRESERVE A HOUSE.

AND, UH, I DO MISS MS. BAKER HECK OF A LOT, AS DO I.

ALL RIGHT, SO I'M JUST GONNA START HERE.

DID I GET A SECOND? IS THAT, WAS THERE A SECOND? I'LL SECOND.

I STOPPED YOU AND ASKED A QUESTION.

OKAY, SO THAT'S A SECOND REASONABLE USE.

THE ZONING REGULATIONS A TO THE PROPERTY DO NOT ALLOW FOR A REASONABLE USE BECAUSE THE SUBJECT PROPERTY PROVIDES ACCESS TO THE ADJACENT PROPERTIES REDUCING A SIGNIFICANT PORTION OF IMPERVIOUS COVER IN ORDER TO PROVIDE ACCESS FOR THE NEIGHBORS.

UM, AND THAT, AND THAT DRIVE IS COMPLETELY COUNTED AGAINST THIS LOT.

HARDSHIP.

THE HARDSHIP FOR WHICH THE VARIANCES REQUESTED IS UNIQUE TO THE PROPERTY AS THE BUILDING AND THE DRIVEWAY ARE PERMITTED AND CONSTRUCTED.

AND WHEN THE HISTORIC ESTATE WAS, WAS DIVIDED, THIS JOINT ACCESS EASEMENT.

UM, I DO HAVE ONE QUESTION.

WHY ARE YOU MOVING THE POST TO THE CARPORT? BECAUSE THE TURN INTO THE DRIVEWAY FOR A LARGER TRUCK IS A LITTLE TOO SMALL.

, YOUR, YOUR TRUCK DON'T WANNA GO LIKE THAT.

WE ACTUALLY HAD SOMEBODY ONE TIME AND HE CAME FOR A VARIANCE AND HE JUST SAID, I NEED IT 'CAUSE MY TRUCK DON'T WANT TO GO LIKE THAT.

AND HE SAID THAT IN THE MICROPHONE.

AND IT, THAT IS, I DO HAVE A VERY LONG MEMORY, BUT IT WAS ONE OF THE MORE EPIC MOMENTS OF, UH, OF IT.

AS THE CODE HAS CHANGED SINCE THE ORIGINAL SUBDIVISION OCCURRED AND THAT IT IS BORN DIRECTLY ON THIS PARTICULAR PROPERTY.

SO THE REASONABLE USE AS THE UNDER REASONABLE USE FOR, FOR THE FIRST ITEM, I ALSO NEED TO ADD SOMETHING FOR THE SETBACK.

AND IT WOULD BE THAT THE CARPORT IS TO REMAIN IN PLACE AND THE ONLY, THE COLUMN IS MOVING.

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

AS YOU DON'T SEE MANY JOINT ACCESS DRIVEWAYS THAT GO THROUGH A PROPERTY THAT COMPLETELY GET COUNTED UNDER ONE LOT, AND, UM, YOU DON'T.

AND THE ANGLE IN ORDER TO GET INTO THE CARPORT IS A LITTLE EXTREME.

THE HARDSHIP IS NOT GENERAL THERE IN WHICH THE PROPERTY IS LOCATED

[01:10:03]

AND THE NATURAL SITE CONDITION, DRAINAGE PROTECTED TREES, AND, UH, JUST MAKE IT A LITTLE BIT DIFFICULT IN ORDER TO PROVIDE MITIGATION AREA CHARACTER.

THE VARIANCE WILL NOT ALTER THE CHARACTER.

THE AREA ADJACENT TO THE PROPERTY WILL NOT IMPAIR THE USE OF ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE ZONING REGULATIONS OR THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED AS REALLY, THE VARIANCES IS ACTUALLY DI MINIMIS IN NATURE, CONSIDERING THE LARGER, UM, HISTORIC SITE.

AND THAT FOR THE IMPERVIOUS COVER, THEY'RE GOING TO PROVIDE RAINWATER HARVESTING OR RAINWATER COLLECTION IN PROPORTION TO THE AMOUNT THAT THEY'RE CONSTRUCTING.

DEANNE.

OKAY, SO THIS IS A MOTION TO APPROVE WITH THE CONDITIONS OF A RAINWATER CAPTURE SYSTEM BEING INSTALLED AND A CONDITION THAT THE CARPORT REMAINS IN PLACE, ONLY THE COLUMN CAN MOVE MADE BY VICE CHAIR HAWTHORN.

SECONDED BY BOARD MEMBER MEDINA LAYAL.

VERY NICE REMINDER MS. CARTER.

YOU'RE VERY GRANTED.

VERY NICE TO BE HERE, BUT I HOPE I DON'T HAVE TO COME BACK ON THIS ONE AGAIN.

WELL, YOU, YOU PUT TOGETHER A VERY GOOD PACKET.

AGAIN.

I GET SOME PRETTY GOOD TIME HERE.

I ITEM

[9. C15-2025-0014 Greg Ulcak for City of Austin-Austin Energy (Brandy Teague) 1111 West Slaughter Lane]

NINE.

C 15, 20 25 0, 0 1 4.

GREG OAC FOR CITY OF AUSTIN ENERGY.

OH, CITY OF AUSTIN, AUSTIN ENERGY.

BRANDY, T ONE ONE.

ONE ONE WEST SLAUGHTER LANE.

SHE IS NOT GONNA MAKE YOU COME WITH HER.

I SEE HOW THIS IS.

I'LL BRING HIM UP FOR A QUESTION.

YOU, YOU DON'T LOOK LIKE GREG.

THAT'S ALL I NEED.

NO.

HI, I AM BRANDY TEAGUE.

I WORK WITH AUSTIN ENERGY AND I'LL BE PRESENTING, UM, THIS CASE FOR YOU.

ALRIGHT, PROCEED.

CAN I SEE IF THIS WORKS? OH, IT DOES WORK.

UM, AESTHETIC IMPROVEMENT.

I'M GONNA GO THROUGH THESE FIRST SLIDES PRETTY QUICKLY DUE TO TIME.

UM, AUSTIN ENERGY PROVIDES POWER IN THE, UM, LOCAL AREA SUBSTATION.

THIS IS AN EXAMPLE OF OHIO SUB STATION, UM, WORKS IN THE DISTRIBUTION OF POWER.

I'M GONNA GO STRAIGHT TO THE MEAT OF THIS PRESENTATION.

AUSTIN ENERGY IS PROPOSING A 12 FOOT HIGH SOLID WALL FENCE, WHICH IS A PRECAST, UM, REINFORCED CONCRETE PANEL WALL.

WE'RE PROPOSING THIS WALL ALONG THE WEST AND SOUTH SIDES OF THE SLAUGHTER LANE SUBSTATION.

THIS WALL WE'RE PLACING AN EXISTING AGED CHAIN LINK FENCED, PROVIDE INCREASED SECURITY AND SAFETY FOR THE HIGH VOLTAGE, UM, ELECTRIC SUBSTATION, UM, HELPING KEEP THE LIGHTS ON IN THE AREA AND ALIGN WITH AUSTIN ENERGY'S, UM, HIGH SECURITY STANDARDS FOR ALL NEW SUBSTATIONS.

UM, WILL BE EXISTING OF A PRECAST, UM, CONCRETE PANEL CONSTRUCTION CONSISTENT WITH TYPICAL WALLS.

AUSTIN ENERGY IS INSTALLING AT OTHER SUBSTATIONS ACROSS THE CITY OF AUSTIN, AND IT WILL ALSO INCLUDE A SMALL MO STRIP, UM, CENTERED ON THE WALL TO PROTECT THE WALL FROM, UH, WEEDS.

UM, AND THIS WALL MORE WILL ALSO ADDRESS NEIGHBORHOOD COMPLAINTS FROM NEIGHBORS, UH, WITH REGARDS TO THE NOISE OF THE EQUIPMENT AND THE VIEW OF THE SUBSTATION.

THE SUBSTATION WAS INSTALLED PRIOR TO THE NEIGHBORHOOD, DEVELOPED CLOSELY AROUND IT.

HERE IS AN IMAGE OF AERIAL, AERIAL OF THE SUBSTATION, JUST A CLOSE IN VIEW OF THE SUBSTATION.

THE WALL, UM, IS PROPOSED TO BE ON THE WEST AND SOUTH SIDES, AND IT WILL REPLACE IN THE SAME PLACE AS THE EXISTING CHAIN LINK FENCE.

AND YOU SEE HOW CLOSE THE NEIGHBORHOOD, UM, HOUSING HAS DEVELOPED AROUND THE SUBSTATION, UM, THAT WAS BUILT IN THE SEVENTIES.

HERE IS AN EXAMPLE OF, OR NOT EXAMPLE.

HERE IS THE EXISTING CHAIN LEAK EXPENSE.

YOU CAN SEE, UM, THE NEIGHBORS HAVE AN EXISTING, UH, FENCE OF THEIR OWN.

YOU CAN SEE OUR, UH, DISTRIBUTION RUNNING ALONG IN THE NEIGHBOR'S YARD AND AN IN AN EASEMENT

[01:15:02]

HERE.

THIS IS AN EXAMPLE OF ONE OF THE WALLS THAT WE STALL, UM, IN OUR SUBSTATIONS THROUGHOUT THE CITY.

I JUST WANNA GIVE YOU A VISUAL EXAMPLE.

AND IT'S 12 FEET TALL AND IT'S BEEN, UM, THE PAINT'S BEEN CHOSEN TO MATCH THE NEIGHBORHOOD.

OKAY, I'M GONNA GIVE YOU SOME PROPERTY CONTEXT.

THIS SUBSTATION IS LOCATED BEHIND RESIDENTIAL LOTS AND IS BORDERED BY WOODEN AREAS TO THE NORTH AND EAST.

THE WHOLE SOLID WALL FENCE DOES NOT FRONT A STREET.

THE EXISTING HOMES AND TREES ALONG THE STREET SCREEN THE WALL FROM PUBLIC VIEW.

THE WALL IS SET BACK FROM THE NEIGHBORHOOD PROPERTY, AND AGAIN, IT'S GONNA GO IN THE SAME PLACE AS THE EXISTING CHAIN LINK FENCE.

WE'RE GONNA GO INTO SOME OF THE RISK THAT WE'VE SEEN WITH THE SUBSTATIONS.

UM, THE SUBSTATION PRESENTS A SERIOUS, UH, SAFETY HAZARD FOR UNAUTHORIZED INDIVIDUALS, UM, UNFAMILIAR WITH THE DANGERS OF HIGH VOLTAGE EQUIPMENT.

SO WE'RE TRYING TO KEEP PEOPLE OUT THAT DON'T KNOW HOW TO WORK, HOW TO BEGIN A SUBSTATION.

UM, IT'LL INCREASE, UM, THE, THE INCREASE IN UNAUTHORIZED ACTIVITY AND TRESPASSING IN THE NEIGHBORHOOD.

UM, DUE TO SOME UNHOUSED POPULATIONS HAS CAUSED CONCERN.

UM, SINCE 2020 THERE HAVE BEEN NINE PLUS RECORDED BREAK-INS WITH INCIDENTS OF PROPERTY DAMAGE AND OR THEFT.

UM, I JUST IN THE RECENT, IN THE RECENT, UM, THEN, UH, SORRY.

IN RESPONSES TO RECENT DOMESTIC ATTACKS AND SUBSTATIONS ACROSS THE COUNTRY, AUSTIN ENERGY HAS UPGRADED THE PERIMETER FENCE REQUIREMENTS AS WELL.

IN ADDITION, TAKING IN ACCOUNT THE PREVIOUS BREAK-INS AT THE SUBSTATIONS AS WELL.

UM, OUR NEW, UM, OUR SUBSTATIONS ARE NOW REQUIRED TO HAVE A 12 FOOT TALL NON-SCALABLE FENCE OR WALL.

THIS DESIGN IS INTENDED TO DETOUR CLIMBING AND UNAUTHORIZED ACCESS TO THE SUBSTATION.

I'M GONNA TALK ABOUT THE COMMUNITY IMPACT AND SUPPORT.

REPLACING THE CHAIN LINK FENCE WITH THE DECORATIVE 12 FOOT SOLID WALL FENCE WALL IMPROVES THE VISUAL APPEAL FOR THE NEIGHBORS.

CURRENTLY, UM, THERE'S BEEN SOME POINTS ABOUT HOW THEY DON'T LIKE LOOKING AT THE SUBSTATION AND THE CHAIN LINK FENCE.

UM, IT'LL ALSO HELP REDUCE NOISE AND LIGHT POLLUTION.

UH, THE WALL WILL SERVE AS A SOUND BARRIER TO HELP MITIGATE THE SUBSTATION EQUIPMENT NOISE.

UM, THEREFORE HELPING THE NEIGHBORS, UM, WITH THE LESS NOISE.

WE'VE HAD SIGNIFICANT NEIGHBORHOOD ENGAGEMENT WITH THE RESIDENTS, UM, SPECIFICALLY TO RESIDENTS, UH, ADJACENT TO THE PROPERTY ON THE SOUTH AND WEST.

THEY HAVE VOICED LONGSTANDING CONCERNS ABOUT THE SUBSTATION APPEARANCE AND NOISE.

AUSTIN ENERGY'S, UM, PUBLIC ENGAGEMENT TEAM HAS CONTACTED THE NEARBY NEIGHBORS, AND WE'VE ALSO HAD COMMUNITY OUTREACH MEETINGS, INCLUDING ONE IN DECEMBER, 2023, WHERE WE'VE RECEIVED POSITIVE FEEDBACK AND SUPPORT FOR THIS WALL.

OKAY, IN CONCLUSION, THIS PROPOSED 12 FOOT WALL SOLID FENCE ENHANCES THE SECURITY AND SAFETY AND HELPS US KEEP THIS AREA POWERED.

UM, PROVIDES AESTHETIC AND NOISE BUFFERING BENEFITS TO THE NEIGHBORHOOD, UH, REFLECTS THE COMMUNITY INPUT AND ALSO HELPS PROTECT, MEET AND MEET THE NATIONAL INFRASTRUCTURE PROTECTION STANDARDS.

AND AGAIN, THIS WALL HAS BEEN INSTALLED THROUGHOUT MANY SUBSTATIONS THROUGHOUT, UM, THE CITY OF AUSTIN.

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

BOARD MEMBER BOEING.

UM, SO I ONLY SEE THIS IS ONLY ON ONE ON TWO SIDES.

UH, YET ARE Y'ALL GONNA COME BACK LATER TO, TO ADD TO THIS? BECAUSE YOU'VE ALREADY SAID THAT YOU, YOU KNOW, BECAUSE OF SECURITY ISSUES MM-HMM .

AND YOU'VE ALREADY HAD SOME INCIDENTS OVER THERE WITH SOME BREAKING IN SOME THEFT.

YOU'RE GONNA RAISE THE OTHER, THE CHAIN LINK FENCE TO 12 FEET ALSO.

WELL, THAT IS A, THAT IS A GOOD QUESTION.

SO WE'RE ONLY DOING THE WALL PART, LIKE THE SOLID WALL PART ON THE NEIGHBORING SIDES ON THE WEST AND SOUTH AS IT IS VERY EXPENSIVE TO INSTALL A SOLID WALL.

AND SO THERE IS, THERE IS A FENCE PROPOSED ON THE OTHER, OTHER SIDES, BUT IT'S WOODED.

WHAT? I'M SORRY, BUT IT'S WOODED ON THAT SIDE SO IT'S NOT A VISUAL.

YEAH'S.

THERE'S A 100 FOOT SETBACK BETWEEN THE PROPERTY LINES AND THE NEIGHBORHOOD.

UM, ON THE, IT'D BE ON THE EAST SIDE, EAST, EAST AND SOUTH.

OH, I GOT WAIT NORTH.

YEAH, THE WOODS IS ON THE EAST SIDE.

THE NEIGHBORHOODS ON THE SOUTH AND ON THE WEST.

AND THEN, AND THEN THERE'S AN EMPTY, THE LOT IS EMPTY.

SO IT'S A BIG CITY LOT.

LET ME GO BACK.

CAN I GO BACK AND SHOW YOU THAT PICTURE? AND, AND THE REASON I ASK IS BECAUSE WE'RE GONNA GET THE VARI.

IF YOU'RE GONNA GET THE VARIANCE, THEN WHAT STOPS FROM HAVING TO COME BACK TO DO THIS AGAIN? BECAUSE YOU'RE GONNA END UP, SO THAT'S WOODED ON THAT SIDE.

SO THEY CAN DO A CHAIN LENGTH FENCE, HAS NO LIMITATION.

YOU COULD PUT A HUNDRED FOOT TALL CHAIN

[01:20:01]

LINK FENCE.

WELL, DOES THE QUESTION, DOES THE QUESTION, IF YOU'RE GOING TO ADD CHAIN, WE ALREADY HAVE A CHAIN EXISTING.

WE ALREADY HAVE THE FENCE INSTALLED ON THE OTHER SIDE.

OOPS, SORRY.

ON THE OTHER SIDE THERE'S A, BUT THERE'S A HUNDRED FOOT WOODED SETBACK TO THE NEXT PROPERTY.

THERE'S WOODS IN BETWEEN THE TWO.

SO IT, THERE'S NO, I YEAH, I GOT THAT.

THEY'RE SPENDING THE MONEY ON THE MM-HMM .

ON THE NEIGHBORS.

NO, I, I GOT THAT.

BUT THEY'VE ALREADY SAID THAT THEY HAD A PROBLEM WITH MM-HMM .

BREAKING IN BECAUSE OF THE HOMELESS CAMPS THAT ARE IN THAT AREA.

TRUE.

AND SO I, I'M JUST TRYING TO PREVENT YOU GUYS HAVING TO COME BACK AGAIN.

IF THAT'S ALL YOU'RE GONNA DO IS JUST DO THE TWO, THAT'S FINE.

I'M JUST, I'M JUST CURIOUS BECAUSE YOU, YOU'RE STATING THINGS MM-HMM .

SAYING THAT WE HAVE THIS ISSUE.

ARE YOU GOING TO RAISE THE, THE REMAINING PART OF THE CHAIN LENGTH HIGHER, I'M GONNA SAY, VERSUS WHAT YOU ALREADY HAVE, WHICH LOOKS LIKE IT'S ONLY PROBABLY EIGHT FEET.

THAT SIDE IS EIGHT FEET ON THAT SIDE.

THE EXISTING FENCE ON THAT SIDE IS EIGHT FEET.

'CAUSE WE HAVEN'T TOUCHED IT SINCE.

I DON'T KNOW WHEN.

AND SO WE'VE ALREADY RAISED, THE OTHER, OTHER FENCE HAS BEEN UPGRADED ON THE, ON THE EAST SIDE.

OH, I'M HORRIBLE WITH THIS.

I'M SORRY.

YOU'RE ACTUALLY DOING GREAT NORTH AND EAST.

YOU'RE ACTUALLY DOING GREAT.

SO NORTH AND EAST ? YEAH.

THIS SIDE.

THIS SIDE OR THIS SIDE? THIS SIDE.

WHEN YOU'RE LOOKING AT IT FROM THE ROAD, YOU'RE GONNA BE SAYING IT'S GONNA BE ON THIS SIDE OF YOU AND THE FRONT AND THE, OH, LOOKING AT IT FROM THE ROAD.

UM, I'M ACTUALLY LOOKING AT IT AS I'M STANDING IN THE SUBSTATION FACING NORTH.

IF YOU'RE STANDING IN THE SUBSTATION, IT WOULD BE ON YOUR EAST TO THE NORTH IS GONNA BE YOUR CHAIN LINK.

SO I GUESS THE QUESTION, YOU'VE ALREADY UPGRADED THAT FENCE.

ON THE, ON THE SOUTH, ON THE, ON THE EAST AND THE NORTH.

DANG IT.

NORTH.

DANG IT.

I'M NEVER GONNA GET THAT.

LET ME LOOK AT A PICTURE ON THE NORTH AND EAST.

THE NORTH AND THE EAST.

YOU'VE ALREADY UPGRADED THE FENCE TO 12? YES.

SO I HAVE ONE QUESTION.

IT'S MORE A CODE QUESTION BECAUSE WE DON'T NORMALLY GET A REQUEST FROM AUSTIN ENERGY ON THE 12 FOOT FENCE.

AND IF YOU'VE BEEN INSTALLING THEM ALL OVER TOWN, I'M CURIOUS AS TO HOW YOU GOT HERE NOW.

SO PREVIOUS STAFF, OH LOOK, CAN I INVITE HIM UP? CURRENTLY WE'RE INSTALLING HIM WITH ALL THE NEW SUBSTATIONS LIKE, UH, MUELLER.

MUELLER.

YOU CAN INVITE HIM UP.

PLEASE STATE YOUR NAME FOR THE RECORD.

GREG OCK CIVIL LAND GROUP.

UM, FEEL FREE TO PULL UP, MIC UP SO YOU'RE COMFORTABLE.

UH, SO YES, WE'VE BEEN ON THE NEW SUBSTATIONS AROUND TOWN.

WE'VE BEEN INSTALLING, UH, THE 12 FOOT FENCE, TYPICALLY THIS MASONRY FENCE, ALTHOUGH THERE'S A COUPLE OF OTHER, UH, LOCATIONS LIKE THE, THE RAINY STREET SUBSTATION THAT HAVE A DIFFERENT TYPE OF FENCE.

IT EIGHT? WE'VE ONLY SAW THEM AT THE NEW ONES.

JUST TO, YOU KNOW, I AM GONNA SAY MORE ARCHITECTURAL APPEASING FOR THAT PARTICULAR AREA.

UM, WE DO GO THROUGH THE TYPICAL SITE PLAN PROCESS AND THOSE WALLS ARE REVIEWED DURING THAT TIME.

WELL, BUT I MEAN, A SOLID FENCE IS ONLY ALLOWED TO BE SO TALL.

SO HOW I, I GUESS I'M JUST HAVING A A, THE CODE, THE CODE DOESN'T PERMIT A 12 FOOT FENCE, WHICH IS WHY YOU'RE HERE.

SO HOW ABOUT THE REST OF 'EM? BECAUSE, BUT THAT'S JUST, I PERHAPS THINK THAT THIS MIGHT BE A GOOD CODE CHANGE TO BRING TO CODES AND ORDINANCES FOR THE UTILITY IN, IN AN EFFORT TO BUFFER AND SCREEN, UH, ADJACENT PROPERTIES SHOULD BE ABLE TO DO THAT WITHIN A REASONABLE, AND, AND, BUT IT DOES MAKE ME WONDER HOW YOU GOT HERE FOR THIS.

SO ONE, IF YOU'RE INSTALLING THEM OTHER PLACES.

SO, SO THE REASON WE'RE HERE TODAY IS BECAUSE WE'RE ADJACENT TO A RESIDENTIAL, UM, RESIDENTIAL HOUSING, UH, SUBDIVISION VERSUS IF WE WERE ADJACENT TO COMMERCIAL.

UM, AND IN GENERAL, CO COMMERCIAL ONLY ALLOWS AN EIGHT FOOT FENCE.

THAT'S CORRECT.

SO IT'S A CODE THING.

I'M OKAY WITH WHAT YOU HAVE.

I'M OKAY WITH THE REASONING THAT YOU HAVE IT.

I THINK THAT THERE SHOULD BE A CODE CHANGE AND SHE GOES TO PLANNING COMMISSION TO CODES AND ORDINANCES.

AND SO I'M SUGGESTING THAT SHE TAKE THIS ITEM SO THAT PERHAPS THERE BE A CHANGE IN THE CODE.

'CAUSE I THINK IT'S GREAT THAT YOU'RE SPENDING THE MONEY BETWEEN YOU AND THE NEIGHBORS AND, AND THAT IT'S GOING TO BUFFER, GOING TO SCREEN AND GONNA DO ALL OF THOSE THINGS.

I DON'T HAVE A PROBLEM WITH IT.

I JUST WONDER WHY ALL OF A SUDDEN WE GET ONE WHEN WE PROBABLY HOW MANY SUBSTATIONS DO YOU HAVE? 58.

WELL, AND, AND SO, SO 20, DID DID Y'ALL DO THE SAME KIND OF 12 FOOT SOLID WALL FENCES AT THE OTHER SUBSTATIONS? OR IS

[01:25:01]

AT AT THE NEW SUBSTATIONS.

WE'VE SOLD THEM AT NEW SUBSTATIONS.

AND THEN THERE'S BEEN A COUPLE WHERE WE'VE HAD TO DO A WALL OR A HIGHER WALL OR FENCE.

AND I GUESS WE WEREN'T, ARE THEY BEING REVIEWED ON THE PERMITTING? WE WEREN'T REQUIRED TO COME BACK OR, WELL, WE'VE, UM, I DUNNO IF WE INSTALLED A WALL SOMEWHERE ELSE AFTER, AFTER PER FI FISCAL AS YES.

AFTERWARDS.

AND, AND SO WE, WE BROUGHT THAT ONE FORTH, BUT IT AGAIN WAS IN THE ZONING ON WHY WE WERE PERMITTED TO DO IT AT THAT TIME.

AND SO WE, I I, I, WE ASKED THE QUESTION.

I LOOK LOOKING AT A GIFT HORSE IN THE MOUTH.

I'M JUST SUGGESTING WE GET A CODE CHANGE IN THE WORK SO THAT YOU DON'T HAVE TO DO THIS AGAIN.

AND I'LL MAKE A MOTION FOR APPROVAL.

I'LL TAKE THAT WITH ME TOMORROW.

THANK YOU MAGGIE.

ANY OTHER QUESTIONS? S REASONABLE USE SONY REGULATIONS A TO PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THE CURRENT HEIGHT RESTRICTION DOESN'T, DOESN'T ACTUALLY KEEP UNAUTHORIZED PEOPLE FROM ENTERING THE SUBSTATION.

AND IT IS HIGH VOLTAGE EQUIPMENT AND CAN BE LIFE THREATENING.

THERE IS KNOWN FOR AN UNHOUSED POPULATION TRAVELING ALONG THE CREEK ON THE NORTH AND EAST SIDE AROUND THE SUBSTATION.

AND A SOLID, UH, 12 FOOT SOLID WALL FENCE.

WELL PROTECT THE HIGH VALUE ASSET WITHIN THE SUBSTATION AND, AND KEEP THE PUBLIC FROM ACCESSING THE SUBSTATION.

IT WILL ALSO HELP PROVIDE, UH, NOISE BUFFERING.

THE HARDSHIP FOR WHICH THE VARIANCES ARE REQUESTED IS A UNIQUE PROPERTY AS MOST PIECES.

MOST PROPERTIES ARE NOT A HIGH VOLTAGE ELECTRICAL SUBSTATION AND MOST PEOPLE ARE NOT AWARE OR ARE NOT UP ON THE EQUIPMENT AND, AND ITS POTENTIAL FOR DISASTER, UH, SHOULD IT BE TAMPERED WITH.

AND THE 12 FOOT SOLID WALL FENCE WILL ALSO HELP BLOCK INTERIOR SECURITY LIGHTING FROM THE NEIGHBORHOOD PROPERTIES.

THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED AS THIS SUBSTATION WAS BILLED PRIOR TO THE NEIGHBORHOOD GROWING AND AROUND IT.

AND, AND AT THE TIME THESE TYPE OF SECURITY, UH, CONCERNS WERE NOT RELEVANT.

BUT DUE TO RECENT HOMELAND SECURITY IN INCIDENTS, AUSTIN ENERGY HAS TO UP UPDATE THEIR PROTOCOLS.

ERIC CHARACTER, THE VARIANCE WILL NOT ALTER THE CHARACTER OF 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 ON WHICH THE PROPERTY IS LOCATED AS THE SOLID WALL FENCE WILL ACTUALLY BUFFER SCREEN AND PROVIDE A BETTER CONTINUITY FOR THE ADJACENT NEIGHBORS AT THE END.

SO AGAIN, THIS IS A MOTION TO APPROVE MADE BY VICE CHAIR HOR, SECONDED BY BOARD MEMBER CHAIR STAN CALLED THE VOTE.

BIANCA MEDINA LA YES.

BRIAN POTI? YES.

MAGGIE TON? YES.

CONGRATULATIONS, Y'ALL.

YOUR VARIANCE IS GRANTED.

I WILL TAKE THE STICKY C TOMORROW AND, UH, SEE IF WE CAN WORK SOMETHING OUT.

THANK Y'ALL VERY MUCH.

THANK YOU SO MUCH.

PUTTING UP MY DIRECTIONS.

YOU DO GREAT.

SHOULD YOU DO GREAT.

SHOULD HAVE TO BE SAME AS EVERYBODY ELSE.

MEAN DO WE HAVE TO PASS? THAT'S, THAT'S MY POINT.

WHAT ARE WE TALKING ABOUT? WHETHER OR NOT THEY GOT PAID? DO THEY HAVE TO PAY THE FEE? LIKE, WOW.

TAX? THAT'S WHAT I'M SAYING IS I GOT IT.

IS I'D RATHER 'EM SPEND THE MONEY ON THE WALL.

BE PICKING UP ITEM 10 C 15 20 25 0 0 1 5.

DOES IT MAKE ANY SENSE? ITEM 10 C 15 20 25 0 0 1 5.

RICHARD WEISS? YES.

I'M GONNA TAKE A MOMENT OF PERSONAL PRIVILEGE.

DO WE, I'LL BE RIGHT BACK.

I CAN WAIT.

, I'M GONNA STOP THERE.

WE'RE GONNA GO AHEAD AND CALL A FIVE MINUTE RECESS, UH,

[01:30:01]

FOR A QUICK BRIEF BREAK.

SO WE'LL MEET BACK AT 7:12 PM WE'RE IN RECESS.

7:13 PM RIGHT.

HEREBY CALL THE MEETING BACK TO ORDER.

UH, AGAIN, WE'RE GONNA

[10. C15-2025-0015 Richard Weiss for Kayo Asazu 4705 Rowena Avenue]

RICHARD WEISS ZA 4 7 0 5 ROWENA AVENUE.

HI, I'M RICHARD WEISS AND I'M HERE REPRESENTING THE AZU FAMILY AT 47 0 5 ROWENA, WE'RE SEEKING RELIEF FROM AN NCCD REGULATION IN ORDINANCE 2005 0 8 1 8 PART SEVEN DASH FOUR, WHICH STATES A TWO FAMILY RESIDENTIAL UNIT ON OR DUPLEX UNIT IS PERMITTED ON A LOT THAT IS 7,000 SQUARE FEET OR LARGER.

WHEN THE NCCD PASSED IN 2005, AUSTIN CITYWIDE REGULATIONS ALSO REQUIRED 7,000 SQUARE FEET FOR A TWO UNIT RESIDENTIAL.

BUT IN 2023, THE CITY OF AUSTIN AMENDED THESE REGULATIONS TO ALLOW UP TO THREE UNITS ON 57 50 SQUARE FEET.

WE'RE REQUESTING A VARIANCE TO REDUCE THE 7,000 SQUARE FOOT REQUIREMENT TO 6,038 SQUARE FEET FOR 47 0 5 ROWENA TO BUILD A GARAGE APARTMENT OVER THE EXISTING GARAGE.

EXISTING CONDITIONS 47 0 5 ROWENA, A LOT MADE UP OF PORTIONS OF FOUR.

ORIGINALLY PLATTED LOTS WAS BUILT IN 2014 AND PURCHASED BY THE AZU FAMILY OWNERS OF KME, A RESTAURANT THAT SERVES THE NEIGHBORHOOD.

THEY RAISE THEIR TWO CHILDREN HERE, AND AS OF THIS MONTH, THEY NOW HAVE TWO COLLEGE GRADUATES WHO ARE CONSIDERING MOVING BACK TO A MUCH LESS AFFORDABLE AUSTIN THAN THEY GREW UP IN.

THIS IS WHY THE CITYWIDE HOME ORDINANCE WAS ENACTED IN 2023.

THERE IS A MAIN HOUSE WHICH FACES ROWENA.

IF YOU LOOK AT THE MAIN HOUSE, PLEASE PAY ATTENTION TO THE HOW CLOSE, THE ADJACENT TWO STORY NON-CONFORMING GARAGES, AND THEN A SINGLE STORY GARAGE THAT FACES AVENUE F.

UM, HERE'S THE EXISTING SITE PLAN, UH, WITH THE HOUSE IN YELLOW AND THE GARAGE IN BLUE, WE'RE ASKING TO KEEP THE SAME GARAGE STRUCTURE THAT IN PLACE THAT IS SHOWN IN THE PHOTO, UH, IN THE BOTTOM CORNER.

REMOVE THE ROOF, ADD A SECOND STORY, AND THEN PUT BACK THE ORIGINAL ROOF TRUSSES.

BOOP.

THIS WILL AMOUNT TO A ROUGHLY 11 FOOT VERTICAL CHANGE.

NOTE THAT THE ADJACENT HOUSE IN THE PHOTO, UH, NEXT TO THIS ON THIS SIDE ALSO HAS A GARAGE WITH A SECOND STORY.

NOW LET'S REVIEW THE UNIQUE SET OF HARDSHIPS, WARRANTING OF VARIANCE AT 14 47 0 5.

REASONABLE USE.

UH, PLEASE FOLLOW ALONG WITH, UH, THIS GRAPHIC.

ROWENA IS THE ONLY RESIDENTIAL STREET IN ALL OF HYDE PARK, WHICH FRONTS AND BACKS A PUBLIC STREET AVENUE F.

THERE ARE SEVEN MID-BLOCK PROPERTIES SIMILAR TO 47 0 5 ROWENA AND ALL BUT ONE OF WHICH HAVE EITHER THE ENTITLEMENT FOR TWO UNITS OR HAVE UNITS THAT ARE NON-CONFORMING TO THE NCCD BECAUSE THE LOTS DO NOT MEET THE SQUARE FOOTAGE REQUIREMENT.

THREE OF THE SEVEN MID-BLOCK PROPERTIES AT SOME POINT WERE SUBDIVIDED INTO SIX MICRO LOTS THAT ARE SMALLER THAN ALLOWED IN THE NCCD GRANTING THEM AN ENTITLEMENT NOT AVAILABLE TO 47 0 5 ARENA, WHICH IS TWO UNITS.

THEN IF YOU LOOK, UH, THE, THERE'S A TWO UNIT AT, UH, 50 50TH STREET.

UH, THERE'S TWO UNITS ON A 59 68 SQUARE FOOT LOT, ONE OF WHICH FACES AVENUE F AND ONE OF WHICH FACES ROWENA.

THIS ALSO DOESN'T COMPLY WITH THE NCCD 47 0 5 ROWENA AND 48 10 AVENUE F ARE THE ONLY TWO LOTS THAT DO NOT EITHER HAVE A TWO UNIT ENTITLEMENT OR CURRENTLY HAVE TWO UNITS THAT DO NOT MEET THE NCCD REQUIREMENTS.

THIS IS UNIQUE TO THESE TWO LOTS AND THEREFORE WILL NOT SET A NEIGHBORHOOD PRECEDENT.

BUT WE BELIEVE THE CONDITION ABOVE DEMONSTRATES THAT 47 0 5 ROWENA IS UNABLE TO ENJOY THE SAME ENTITLEMENTS AS SIMILAR NEIGHBORING PROPERTIES BETWEEN THESE TWO STREETS.

WE BELIEVE THIS CREATES AN ACTIONABLE HARDSHIP FOR 47 0 5 ROWENA.

ADDITIONALLY, THIS IS THE BLOCK THAT ROWENA SITS ON.

IF YOU LOOK, UH, AT THE UPPER, UH, RIGHT HAND CORNER, 1 0 7, EAST 48TH STREET, AND 47 0 8 ROWENA COMBINED ARE THE SAME LOT SIZE AS 47 0 5 ROWENA.

BUT THIS SINGLE LOT HAS TWO ADDRESSES AND A SECOND STORY OVER THE GARAGE.

AND AGAIN, IS A, A NONCONFORMING USE.

ADDITIONALLY, THERE'S A DUPLEX AND A TWO SECOND, UH, A TWO UNIT SIZED, UH, LOT TO THE SOUTH WITH A TWO STORY GARAGE SIMILAR IN CHARACTER TO WHAT WE'RE PROPOSING NEXT DOOR.

WE BELIEVE THAT OUR VARIANCE REQUEST IS 100% IN CHARACTER WITH NOT ONLY THE SURROUNDING ARCHITECTURE AND USES, BUT WITH HYDE PARK NEIGHBORHOODS PLANNED GOLD TO QUOTE, FOSTER A GENUINE COMMUNITY OF NEIGHBORS OF EVERY AGE AND BACKGROUND AND THE CITYWIDE GOALS OF THE HOME ORDINANCE, WHICH DO NOT APPLY TO THE NCCD AS SUCH.

WE PRESENTED THIS VARIANCE REQUEST TO THE, THE NEIGHBORHOOD ASSOCIATION LAST MONDAY AND RECEIVED POSITIVE FEEDBACK.

[01:35:01]

HOPE YOU'LL ALSO SUPPORT THIS VARIANCE REQUEST.

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

VICE HORNE.

SORRY, I DIDN'T REALIZE MY MIC WAS OFF.

SO I HAVE A COUPLE QUESTIONS.

YOU'RE GOING TO MAINTAIN THE GARAGE.

WE ARE KEEPING THE EXACT SAME FOOTPRINT.

WE'RE KEEPING THE SLAB, WE'RE KEEPING THE ROOF TRUSSES, WE'RE TAKING THEM OFF, ADDING THE SECOND STORY ON TOP, PUTTING THE SAME ROOF TRUSSES BACK, AND THE ONLY ADDITIONAL IMPERVIOUS COVER WILL BE 35 SQUARE FEET FOR THE NEW STAIRWELL.

IT'S A WOOD STAIRWELL, SO IT'S COUNTS AS 50%.

SO YOU DIDN'T GET HIT WITH THE THROUGH LOT SETBACK WITH THE, WITH THE, I'M SORRY.

SO IT'S ON TWO STREETS.

SO YOU DIDN'T GET THE THROUGH LOT? WE WERE, WE, WE, THAT WAS NOT PRESENTED TO US.

WHEN WE UH, SUBMITTED THIS TO THIS, IT SAID THAT THERE WAS A 10 FOOT SETBACK ON THE REAR LOT, WHICH IS WHAT THE EXISTING GARAGES WE'RE NOT, WE'RE NOT INCREASING OR DECREASING THE CURRENT ENTITLEMENT.

BUT YOU'RE ON TWO STREETS.

SO IT'S ACTUALLY THE SAME SETBACK ON BOTH SIDES, BUT THE, THE, UH, GARAGE IS EXISTING ON THERE, SO I DON'T KNOW WHEN THAT RULE WAS.

BUT IF YOU TAKE THE WALLS AWAY OKAY, THEN IT'S NOT, IT'S WELL, WE'RE NOT TAKING THE WALLS AWAY.

WE'RE ADDING NEW WALLS ON TOP, BUT WE'RE KEEPING THE EXACT SAME.

THE, THE, THE GARAGE STRUCTURE'S NOT CHANGING.

HOW MANY, HOW MANY FEET? 11.

WELL, I MEAN, INCLUDING THE TRUSSES, IT WOULD BE 11 FEET INCLUDING, SO ELAINE, THE LOVELY AND TALENTED ELAINE RAMIREZ.

YES, MA'AM.

SO IS HE GONNA HAVE A THROUGH LOTT PROBLEM? UH, I'M NOT SURE HE WOULD HAVE TO SPEAK WITH RESIDENTIAL REVIEW.

BECAUSE I MEAN, IT WOULD BE AN EXISTING NON-CONFORMING OR NON-COMPLIANT.

I COULD ALWAYS GET THOSE TWO, WHICH SAYS YOU CAN'T INCREASE THE HEIGHT.

HOLD ON, LET ME GET TO MY CODE ONE MOMENT PLEASE.

YEAH, THIS IS, THIS IS SOMETHING THAT YOU WOULD'VE HAD TO DISCUSS WITH RESIDENTIAL REVIEW AND I TELL THEM THAT IN THE EMAIL I SEND THEM TO MAKE SURE THEY'VE DISCUSSED THIS WITH RESIDENTIAL REVIEW BEFORE THEY SUBMIT.

SO, SORRY, I'M THINKING, I'M JUST TRYING TO MAKE SURE YOU DON'T HAVE A PROBLEM.

I APPRECIATE THAT.

ANOTHER PROBLEM 'CAUSE THERE'S NON-COMPLIANCE STRUCTURES, BECAUSE I HAD A QUESTION ABOUT THE HEIGHT ALSO.

WOULD YOU BE ALL RIGHT IF WE MOVED ON TO BOARD MEMBER BOWEN WHILE YOU LOOKED THERE? SURE.

I'M JUST, YEAH.

UH, IN ALL FAIRNESS, I WAS AT THE MEETING FOR THE FIRE.

OH, EXCELLENT.

AND I HEARD YOUR PRESENTATION AND I ACTUALLY, THE FIRST THING THAT POPPED IN MY MIND WAS, ARE YOU GONNA MEET YOUR HEIGHT REQUIREMENT? ARE YOU GONNA BE OVER YOUR HEIGHT REQUIREMENTS? UH, WE WILL NOT.

UH, WE CHECKED IT, UH, WITH, UH, WE'RE, WE'RE, WE'RE STILL LESS THAN 25 FEET TO THE CENTER OF THE ROOF.

AND UNDER THE HOME ORDINANCE, THE, THE, UH, UM, TENT, UH, FOR MCMANSION DOESN'T APPLY.

AND, UH, THIS, UH, NCCD ORDINANCE WAS PUT IN PLACE BEFORE THE, UH, THE MCMANSION ORDINANCE.

SO IT WASN'T IN PLACE WHEN THE NCCD WAS, WAS, UH, FORMED.

AND SO, SO IT, IT MAY ONLY BE 10 FOOT SIX.

IT DEPENDS ON WHETHER OR NOT WE USE, UH, 18 INCH TRUSSES OR, OR 24 INCH TRUSSES.

WELL, MY, THE REASON IT CAME TO MY MIND WAS WHEN YOU SAID YOU'RE GONNA TAKE THE ROOF OFF AND PUT IT BACK ON, AND I UNDERSTAND EXACTLY THE REASON FOR DOING THAT.

'CAUSE THAT SAVES YOU THE MATERIALS AND EVERYTHING ELSE THAT DOING IT.

WHY TEAR UP GOOD TRUSSES.

BUT I I WAS CONCERNED THAT YOU'RE GOING TO GET OUTTA YOUR HEIGHT, YOUR, YOUR, AND THEN END UP WITH ANOTHER ISSUE.

YEAH, THAT'S THE, WE'VE RUN THE CALCULATIONS AND WE STILL MEET ALL OF THE HEIGHT REQUIREMENTS.

BUT THANK YOU.

SO BECAUSE IT'S AN NCCD AND THE HOME ORDINANCE DOESN'T AFFECT IT, I'M NOT FAMILIAR THAT FAMILIAR WITH THE NCCD.

SO I'M A LITTLE CONCERNED ABOUT THE THROUGH LOTT SETBACK, WHICH IS TYPICALLY THE SAME AS A FRONT YARD SETBACK ON A THROUGH LOTT.

BUT IF YOU ARE AN EXISTING NON-COMPLIANT STRUCTURE UNDER 25 2 9 63, YOU CAN MODIFY AN EXISTING NON-COMPLIANCE STRUCTURE UNDER

[01:40:02]

SUBSECTION E.

SO IT SAYS THE INCREASE IS MADE TO A PORTION OF THE BUILDING THAT DOES NOT EXCEED THE, UH, EXISTING MAXIMUM HEIGHT OF THE BUILDING, COMPLIES WITH THE YARD SETBACKS REQUIRED OF THIS TITLE.

THE INCREASE DOES NOT EXCEED 15% OF THE EXISTING MAXIMUM HEIGHT OF THE BUILDING.

AND AFTER MODIFICATION, THE HEIGHT OF THE MODIFIED PORTION OF THE BUILDING DOESN'T EXCEED, EXCEED THE EXISTING MAXIMUM HEIGHT OF THE BUILDING.

BUT I DON'T KNOW IF THAT'S DIFFERENT IN THE NCCD LITTLE, I DON'T THINK IT'S SPOKEN TO IN THE NCCD.

I DON'T THINK IT MAKES REFERENCE TO IT IN THE NCCD ON NON-COMPLIANCE STRUCTURES.

'CAUSE TYPICALLY AN NCCD IS ALMOST, ALMOST LITERALLY ITS OWN CODE WORLD.

WELL, I, I CAN'T SPEAK TO THAT, BUT, UH, ALL I CAN SPEAK TO IS THE, UH, IS THE REQUEST THAT WE'RE MAKING.

IF THAT CAUSES OTHER ISSUES, THAT CAUSES US TO COME BACK TO THE BOARD OF ADJUSTMENT, THEN WE'LL, WE'LL COME BACK.

BUT THIS IS THE ISSUE THAT WAS IDENTIFIED, UH, BY WHEN I HAD MY MEETING WITH STAFF.

LOOKING LEFT VIRTUAL MEMBERS QUESTIONS.

I CAN'T FIND ANYTHING IN THE IN CD IN CCD FOR WHAT IT'S WORTH, BUT OKAY.

CONTROL.

SO THEN IT WOULD JUST GO TO BASE CODE FOR NON-COMPLIANT.

SO I'LL MAKE A MOTION FOR APPROVAL.

BUT THESE CONCERNS, IF YOU END UP COMING BACK, REMEMBER THAT LONG MEMORY SPEECH I HAD? YES.

JUST A LITTLE WHILE AGO.

I'M GONNA GO, HEY, YOU KNOW THAT THING.

THERE IT IS.

SO I'LL MAKE A MOTION FOR APPROVAL AND THEN SOMEBODY ELSE IS DOING THE NEXT ONE.

NOT IT'S THE, NOT MICHAEL, NOT MICHAEL .

BUT SEE, MICHAEL'S USUALLY NEXT TO ME.

SEE YOU'RE WAY OVER THERE, .

HAVE A GARAGE APARTMENT AND A GARAGE THAT, THAT ACTUALLY FACES THE ALLEY.

REASONABLE USE THE ZONING REGULATIONS APPLICABLE PROPERTIES DO NOT ALLOW FOR REASONABLE USE BECAUSE THE CURRENT LOT DOESN'T ALLOW A REASONABLE USE BASED ON THE SURROUNDING LOTS.

AND AS THIS IS A VERY, UM, DIVERSE NEIGHBORHOOD WITH A LOT OF DIFFERENT, UM, OLDER HOMES, UH, OF ALL SORTS SHAPES AND SIZES AND DIFFERENT LOT CONFIGURATIONS, UH, THIS IS ONE OF THE FEW THAT IS ON TWO PUBLIC STREETS AND, UM, THE ADJACENT LOTS, UH, ALL ENJOY, UH, TWO FAMILY RESIDENTIAL.

THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY AS IT IS A DI MINIMUS REQUEST TO PUT A APARTMENT UNIT ABOVE THE EXISTING GARAGE.

AND THAT IT IS ONE OF, UH, TWO MID-BLOCK PROPERTIES THAT ACTUALLY HAVE, UH, PUBLIC STREET FRONTAGE.

THE HARDSHIP IS NOT GENERAL AREA IN WHICH THE PROPERTY IS LOCATED IS, THIS IS ONLY ONE OF SEVEN LOTS IN THE NCCD THAT FACES TWO RESIDENTIAL STREETS ON THE FRONT AND BACK AREA.

CHARACTER.

THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE ZONING, RE REGULATIONS OF THE, WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH OF THE PROPERTY IS LOCATED AS THERE ARE SEVERAL DUPLEXES AND TWO FAMILY RESIDENTIAL UNITS VISIBLE FROM THE PROPERTY.

AND THIS IS A VERY DIVERSE NEIGHBORHOOD WITH EVERYTHING FROM A HISTORIC HOME TO NEW BUILD.

AND IT IS NOT UNCOMMON TO HAVE A GARAGE OR A GARAGE APARTMENT PLACEMENT PLACEMENT TYPICALLY ADJACENT TO AN ALLEY.

BUT AS THIS PROPERTY IS ON TWO CITY STREETS, IT IS, IT IS DEFINITELY A LITTLE DIFFERENT, BUT IT IS QUITE IN CHARACTER IN THE AREA TO

[01:45:01]

SO I WOULD SAY THAT THIS IS THE SAME, THE END.

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

CONGRATULATIONS YOU ALL GRANT.

THANK YOU ALL.

HAVE A WONDERFUL EVENING.

ITEM 11

[11. C15-2025-0016 Linda Sullivan for Elizabeth & Jay Walker 3405 Mountain Top Circle]

C 15 20 25 0 0 1 6.

LINDA SULLIVAN FOR ELIZABETH AND JAY WALKER, 3 4 0 5 MOUNTAINTOP CIRCLE.

PLEASE STATE YOUR NAME FOR THE RECORD.

YOU'LL HAVE FIVE MINUTES.

MY NAME IS LINDA SULLIVAN AND I'M HERE ON BEHALF OF BETH AND JAY WALKER.

THE OWNERS OF 3 4 0 5 MOUNTAINTOP CIRCLE.

Y'ALL HAVE SEEN THIS ONE BEFORE.

IT'S BEEN A WHILE.

UM, THEY'RE REQUESTING A VARIANCE FROM THE LAND DEVELOPMENT CODE SECTION 25 2 4 9 2 THAT LIMITS IMPERVIOUS COVERAGE FOR A SINGLE FAMILY HOME TO BE NO MORE THAN 45% OF THE LOT.

UM, THE PROPOSED PROJECT HAS A TOTAL OF 47.9% OF THE LOT, WHICH IS 4 6 5 0.31 SQUARE FEET OVER THE 45% ALLOWANCE AS IT IS CURRENTLY DESIGNED AND IN REVIEW WITH RESIDENTIAL REVIEW CURRENTLY.

BIT OF BACKGROUND ON THE PROPERTY.

IN 1959, THE ORIGINAL RESIDENCE WAS CONSTRUCTED WITH MORE IMPERVIOUS COVERAGE ON THE SITE THAN WOULD BE ALLOWED TODAY.

IN 2011, THE CURRENT OWNERS, BETH AND JAY WALKER, PURCHASED THE PROPERTY AND THE IMPERVIOUS COVERAGE AT THAT TIME WAS AT 60.44% OR 9667.6 SQUARE FEET, 2477.35 SQUARE FEET OVER WHAT CURRENT CODE WOULD ALLOW FOR THAT BOT.

IN 2013, BETH AND JAY WALKER SUBMITTED A PERMIT REQUEST FOR A POOL AND DECK AND AN OVERALL REDUCTION OF THE IMPERVIOUS COVERAGE FROM 60.44 TO 53.9.

A VARIANCE REQUEST TO ALLOW THE IMPERVIOUS COVERAGE TO SIT AT 50.1 WAS GRANTED.

AT THAT TIME, UH, THE POOL AND DECK WERE CONSTRUCTED.

FILE INSPECTIONS ACHIEVED WITH BUILDING, WITH BUILDING, UH, INSPECTIONS DEPARTMENT.

IN 2018, A PERMIT REQUEST WAS SUBMITTED FOR A FRONT ENTRY ADDITION ATTACHED CARPORT AND COVERED PATIO EDITION WITH A TOTAL IMPERVIOUS COVERAGE OF 50% FLAT.

NO FORMAL REVIEW BY THE BOA WAS REQUIRED AT THAT TIME.

UM, THEY DID, THEY WERE ADVISED TO SUBMIT TO BOA AND THEN THEY WENT TO LEAN FELDS.

UM, AND SHE RESPONDED TO THEM WITH A NOTE QUOTE, THIS LOOKS GOOD TO ME, SHOWS WHAT BOA INTENDED WAS AND WHAT IS THERE NOW VERSUS WHAT THEY ARE PROPOSING.

LOOKS LIKE IT DOES MEET BOA INTENT AND THE PERMITS WERE ISSUED CONSTRUCTION COMPLETED AND FINAL INSPECTIONS ACHIEVED WITH BUILDING INSPECTIONS DEPARTMENT.

THAT BRINGS US TO TODAY 2025.

NEW PERMIT REQUEST HAS BEEN SUBMITTED TO ADD 140 SQUARE FEET OF CONDITIONED AREA TO THE RESIDENCE.

IT'S AT THE FRONT CORNER OF THE PROPERTY.

THEY'RE REALLY JUST HAVING A LITTLE BUMP OUT FOR A, A MASTER OR A, A PRIMARY SUITE ADDITION.

IT'S ENCLOSING A LITTLE BIT OF THE FRONT PORCH AREA.

THERE'S NO MORE FOUNDATION BEING POURED ON THE LOT.

IT'S CANTILEVERING OUT A COUPLE OF FEET FROM THE SIDE OF THE STRUCTURE.

AND THEY ARE PROPOSING A, AN ADDITION OF 147 SQUARE FEET OF CONDITIONED AREA TO THE RESIDENCE.

THE, THERE ARE FURTHER REDUCTIONS PROPOSED FOR THE COVERAGE AND IT WILL LOWER THE IMPERVIOUS COVERAGE TO 47.9, WHICH IS AN ADDITIONAL REDUCTION OF 336.94 SQUARE FEET.

AND THAT IS WHAT IS BEFORE YOU THIS EVENING.

A QUICK RECAP OF THE NUMBERS.

THE TOTAL LOT AREA IS JUST OVER 16,000 SQUARE FEET.

AND SINCE THE WALKERS HAVE OWNED THE PROPERTY, THEY HAVE MADE REDUCTIONS IN THE OVERALL IMPERVIOUS COVERAGE OF 2012 0.4 SQUARE FEET, UH, SORRY, 0.04 SQUARE FEET.

AND THE CURRENT SQUARE FOOTAGE OVER THE ALLOWABLE IS 465.31 SQUARE FEET WITH THE NEWLY PROPOSED PLAN, UM, THEY HAVE IN YOUR, IN YOUR LATE BACKUP PACKET, YOU SEE LETTERS FROM ALL OF THEIR ADJACENT NEIGHBORS.

THIS IS ON A CUL-DE-SAC, SO EVERY PERSON WHO LIVES ON THAT CUL-DE-SAC HAS, HAS WRITTEN A LETTER OF SUPPORT FOR THIS.

AND THERE'S ONE MORE PERSON THAT'S DOWN AT THE ENTRY OF THE CUL-DE-SAC.

UM, AND THAT'S REALLY ALL WE HAVE FOR YOU.

[01:50:01]

THANKS FOR YOUR TIME.

LET'S CLOSE THE PUBLIC HEARING.

OPEN IT UP TO QUESTIONS HOR WAIT, WAS THAT A BOARD MEMBER? ANI? YEAH.

SORRY, THAT WAS, THAT WAS BOARD MEMBER ANI.

LET'S START WITH, WITH YOU.

OH, THANK YOU.

UM, YEAH, QUICK QUESTION.

UM, THE HARDSHIP THAT YOU'RE CLAIMING SEEMS TO BE, YOU KNOW, ESSENTIALLY THE EXISTING PRE-EXISTING NON-CONFORMING, UM, YOU KNOW, IMPERVIOUS COVER ON THE LOT.

DO YOU KNOW IF THAT IS TRUE OF THE NEIGHBORS AS WELL? THAT THEY HAVE HOUSES THAT WERE APPROVED WITH GREATER IMPERVIOUS COVER THAN THE CURRENT CODE ALLOWED? THEY, MOST OF THEM HAVE A MUCH LARGER LOT.

THIS LOT WAS DIVIDED IN 1959 BEFORE TWO RESIDENTS WERE WERE BUILT.

THERE IS A RESIDENCE BEHIND IT THAT IS ON A MUCH SMALLER LOT.

THAT RESIDENCE IS WELL OVER.

ITS IMPERVIOUS COVERAGE AND BUILDING COVERAGE.

AND FAR THIS ONE IS STILL WITHIN, IN, WITHIN ITS LIMITS OF FLORIDA AREA RATIO AND BUILDING COVERAGE.

IT STILL HAS SOME WIGGLE ROOM, UM, BUT THE IMPERVIOUS COVERAGE HAS ALWAYS BEEN OVER.

THERE IS A VERY LONG DRIVEWAY THAT GOES TO THE BACK OF THE HOUSE.

THAT'S WHERE THE GARAGE CARPORT WAS ORIGINALLY DESIGNED FOR THE HOUSE.

AND SINCE THAT TIME THEY'VE TORN IT UP AND PUT RIBBONS IN AND GOTTEN RID OF A HUGE TERRACE THAT WAS IN THE BACK AND JUST KEPT CHIPPING AWAY AT THE IMPERVIOUS COVERAGE.

SO IT'S NOT TRUE FOR ALL THE OTHER LOTS ON THAT PARTICULAR CUL-DE-SAC BECAUSE THEY HAVE MUCH LARGER LOTS THAN THIS ONE.

UM, MY QUESTION IS, 'CAUSE I'M JUST LOOKING AT THE, THE SITE PLAN AND IT REALLY DOESN'T PROVIDE ME A LOT OF INFORMATION AS TO EXACTLY WHERE IS THIS ADDITION GOING.

THERE IS A LITTLE CUTOUT AT THE FRONT OF THE HOUSE WHERE THERE'S AN ENTRY AND THERE IS A, UH, COVERED AREA THERE RIGHT AT THE FRONT OF THE HOUSE AND IT'S BUMPING THAT OUT.

THAT'S WHERE THE PRIMARY SUITE IS.

AND TO THE LEFT THEY'RE RELOCATING THE, UM, TWO AIR CONDITIONING UNITS TO BEHIND WHERE THE POOL EQUIPMENT IS AND THERE'S GONNA BE A LITTLE CANTILEVERED AREA OFF OF THAT GOES AT ABOUT TWO FEET .

IT'D JUST BEEN NICE TO HAVE A LITTLE BIT MORE INFORMATION THAT I APPRECIATE THAT THE, THE ORIGINAL, WHAT WE ORIGINALLY SUBMITTED HAD THE ENTIRE PR PACKAGE IN IT.

AND WHEN I SEPARATED OUT THE SITE PLAN, I FAILED TO INCLUDE THAT, THAT'S MY FAULT.

SO THEY'RE GONNA MOVE THE TWO AIR CONDITIONERS BACK BEHIND THE POOL EQUIPMENT AND THEN BUMP OUT THAT AREA.

THAT'S WOULD BE BASICALLY TO THE LEFT, CORRECT? MM-HMM .

AND THEN AT THE FRONT IT'S JUST GONNA MATCH THE FRONT OF THE HOUSE IS GONNA BE A STRAIGHT LINE GOING ACROSS WHERE THAT'S THAT LITTLE KIND OF ALCOVE THAT GOES IN AT THE FRONT.

SO THAT LITTLE INDENTION AND WHERE IT SAYS MULCH RIGHT THERE, THEY'RE JUST GONNA BLOCK THAT OFF, MAKE AND MAKE IT, MAKE THAT A STRAIGHT LINE.

CORRECT.

IT, IT, THAT WOULD'VE BEEN A WHOLE UP MORE HELP TO YES.

I APOLOGIZE FOR THAT.

THAT'S PROVIDE THAT INFORMATION SO THAT WE HAD AN IDEA JUST EXACTLY WHAT WAS GOING ON SO WE WOULDN'T HAVE SOME OF THESE QUESTIONS.

SURE.

VICE CHAIR, I WAS JUST GONNA MAKE A STATEMENT THAT THE PACKET WAS A LITTLE LIGHT AND UH, I AGREE.

AND THAT, UM, YOU JUST SAT HERE AND RATTLED OFF EVERY NUMBER AND I'M NOT TRYING TO BE UNKIND, BUT PLEASE DON'T DO THAT AGAIN.

I APPRECIATE THAT.

I, I INTENDED TO INCLUDE THE ENTIRE PR PACKAGE AND IT MAY HAVE BEEN OVER, IT DIDN'T GET SUBMITTED PROPERLY.

YOU KNOW, THE NUMBERS AND THIS, THAT AND THE OTHER.

AND I ACTUALLY WAS HERE FOR THE LAST CASE.

REMEMBER THAT LONG MEMORY THING IN 2014? YES.

HERE I AM AGAIN.

I MAY NEED TO ACTUALLY RETIRE AND MOVE TO AN ISLAND.

NO, NO, NO, NO.

WE'LL HAVE NONE OF THAT TALK.

IT LOOK LIKE A, UM, I JUST HAD A COMMENT.

WELL, BUT I'M GOING TO SUGGEST TO EVERYONE ELSE THAT PERHAPS THIS VARIANCE MIGHT BE ONE OF Y'ALL'S TO MOVE AND REMEMBER, THE ONE THING ABOUT THE ITEMS ON THE AGENDA IS YOU CAN'T GO HOME UNTIL WE TAKE ACTION ON ALL OF THEM.

SO HERE'S ONE AND Y'ALL GO, I'LL MAKE A MOTION TO APPROVE.

YAY.

THEN I'LL SECOND IT.

UH, WHO WAS THAT SECOND? SECOND? THAT WAS SUZANNE SECOND.

SHE WAS THE FIRST.

SHOULD I GO AHEAD AND DO FINDINGS OR IS THERE MORE DISCUSSION? IS THERE ANY MORE DISCUSSION? THAT IS A GREAT QUESTION.

DOES

[01:55:01]

UM, YOU HAD MENTIONED THAT YOU HAD, UM, SUPPORT OF NEIGHBORS AND THAT THE BACKUP WAS SENT LATER.

IT'S THE LATE BACKUP ON THE WEBSITE.

OH, OKAY.

IT WASN'T UP BOARD SLASH BOA.

USUALLY WE GET THAT EMAILED, RIGHT? OR NO? NO, NOT FOR LATE, BECAUSE, UM, LIKE YOU SHOULD CHECK AT AROUND THREE 30 OR FOUR.

REFRESH, REFRESH, REFRESH.

SHE OUGHT TO MAKE SURE.

SO IT DOESN'T HAPPEN OFTEN.

SO BECAUSE THE NOTICE GOES OUT MM-HMM .

A LOT OF TIMES, YOU KNOW, PEOPLE WILL GET IT ON THURSDAY OR FRIDAY AND THE MEETING'S MONDAY MM-HMM .

SO IT'S PRETTY DIFFICULT TO GET IT POSTED.

UM, BACK IN THE OLDEN DAYS, THEY USED TO PRINT PAPER WITH LITTLE COLOR DRAWINGS AND EVERYTHING.

I KNOW.

AND THEN WHEN YOU GOT HERE, THERE WAS A WHOLE STACK OF LATE BACKUP THAT YOU GOT TO SORT AND PUT IN YOUR LITTLE BOOK.

UM, BOARD MEMBER VALENTINE.

I, I ALSO COULDN'T FIND THE LATE BACKUP.

I HAD TO REFRESH MY PAGE AND THEN IT WAS THERE.

SO, UM, LESSON LEARNED.

ANY OTHER QUESTIONS? ALRIGHT.

BOARD MEMBER SHARE FINDINGS, PLEASE.

OKIE DOKIE.

ALRIGHT.

FINDINGS, REASONABLE USE.

UM, SO, UH, THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE.

UH, BECAUSE THE SITE WAS ORIGINALLY DEVELOPED UNDER PRIOR ORDINANCES, BEFORE THE CURRENT IMPERVIOUS COVER REQUIREMENTS TO MEET CODE, A SIGNIFICANT AMOUNT OF IMPERVIOUS COVERAGE WOULD NEED TO BE REMOVED.

UM, AND THE OWNERS HAVE ACTUALLY BEEN REDUCING THE OVERALL IMPERVIOUS COVERAGE, UH, PERIODICALLY OVER THE PAST FEW YEARS.

UH, THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT, UM, THE PROPERTY IS, UH, WAS PLOTTED BACK IN 1959, IS SMALLER THAN THE SURROUNDING PROPERTIES.

AND AS SUCH HAS, UH, IMPERVIOUS COVERAGE, UH, NON-CONFORMING, UM, A NON-CONFORMING SITUATION WITH IMPERVIOUS COVERAGE.

UNLIKE THE LARGER, LARGER PROPERTIES, UH, SURROUNDING IT, UH, THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE AGAIN, IT IS A SMALLER AND, UM, A SMALLER PROPERTY THAT WAS PLATTED EARLIER THAN THE SURROUNDING PROPERTIES.

UM, THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE, UH, THE PROPOSED PLAN, UH, ACTUALLY DOES REDUCE THE IMPERVIOUS, UH, REQUEST A REDUCTION OF THE IMPERVIOUS COVERAGE FOR THE LOT.

UM, AND ALTHOUGH THE PROPOSED CHANGES ARE ON THE FRONT OF THE STRUCTURE, UM, IT WON'T CHANGE THE OVERALL LOOK OF, UH, THE BUILDING AS IT EXISTS.

THAT'S IT.

AGAIN, THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER SHERIFF STAI.

I AM ALSO GOING TO ADD FOR THE FUTURE, I WON'T SIGN OFF ON ANYTHING WITHOUT A PRESENTATION, BUT YES.

AND SUZANNE VALENTINE.

UM, EMOJIS ABOUT HOW MUCH I MISSED HIM.

YOUR VARIANCE HAS BEEN GRANTED.

OKAY, SO THAT IS ALL OF OUR CASES FOR THIS EVENING.

ITEM

[12. Discussion of the April 14, 2025, Board of Adjustment activity report]

12.

THIS IS A DISCUSSION ITEM.

UH, THIS IS DISCUSSION OF THE APRIL 14TH, 2025 BOARD OF ADJUSTMENT ACTIVITY REPORT, WHICH LOOKS AMAZING AS ALWAYS.

THANK YOU TO OUR AMAZING, AMAZING, AWESOME, SUPER COOL STAFF WHO ARE COMPLETELY DISTRACTED WITH THAT LAST CASE RIGHT NOW AND WRITING THINGS VERY FERVENTLY, BUT IT'S AMUSING TO WATCH.

SO, ANY OTHER COMMENT? ARE WE GOING TO GET OUT OF HERE? IT IS AMAZING.

AND I JUST WANNA SAY HOW MUCH I MS. MICHAEL VON OLIN.

ISN'T HE AWESOME? EVERYBODY REMEMBER HOW AWESOME HE IS? NEXT TIME DO WE STAND UP AND APPLAUD? TRY, YOU KNOW, I, I, I TEXTED HIM LITTLE,

[02:00:01]

THE ODE TO MICHAEL.

LITTLE, LITTLE EMOJI KISSY FACE.

IT WASN'T AN EMOJI.

THIS SAYS, WHERE THE HELL ARE YOU? WELL, SHE KNOWS WHERE HE IS.

VACATION.

WELL, I MEAN, HE, HE IS RETIRED.

HE DESERVES TO BE ABLE TO WANDER FREE ON THE EARTH.

OKAY, THEN LET'S MOVE ON TO

[13. Discussion and possible action regarding election of officers.]

ITEM 13.

DISCUSSABLE POSSIBLE ACTION ITEM.

UH, REGARDING ELECTION OF OFFICERS.

SO THIS IS MY BAD.

UH, WE ARE SUPPOSED TO HOLD OFFICER ELECTIONS IN APRIL, AND I MISSED IT BECAUSE I, IT'S A LITTLE QUICK ABOUT SIGNING OFF ON THE AGENDA, AND ONCE IT'S POSTED, UH, IT'S A LITTLE TOO LATE.

SO, UM, THE BOARD OF ADJUSTMENT HAS A CHAIR, VICE CHAIR, AND THAT'S IT.

THERE'S NO SECRETARY, THERE'S NO PARLIAMENTARIAN.

IT'S JUST THOSE TWO ROLES.

AND ANY DISCUSSION QUESTIONS? VOLUNTEERS, .

WE'RE WE'RE VOTING TONIGHT, RIGHT? YES.

RIGHT NOW, AFTER NOMINATIONS ARE MADE.

YOU REMEMBER THAT THING WHERE YOU GET TO GO HOME WHEN WE FINISH? THIS IS THE LAST ITEM.

I HAVE A QUESTION.

FIRE AWAY.

UM, IS OUR CURRENT CHAIR AND OUR CURRENT VICE CHAIR, ARE THEY, UM, WILLING TO CONTINUE TO SERVE IF NOMINATED? UH, I AM.

ARE YOU THINKING ABOUT IT? ARE YOU THINKING ABOUT, UH, I, I, YOU KNOW, SHE THINKS ABOUT IT.

SHE'S SO HEALTHY AND SHE'S ALWAYS HERE.

IT'S A PLEASURE.

, I NOMINATE MELISSA HAWTHORNE AS VICE CHAIR.

I, I'LL NOMINATE JESSICA COHEN AS CHAIR.

ISN'T THAT SWEET? BUT, UH, BEFORE WE TAKE THE VOTE, I, I WOULD LIKE TO JUST SUGGEST THAT MAYBE, UH, SOME OF Y'ALL THINK WHETHER OR NOT THIS WOULD BE A ROLE, UH, YOU'D BE INTERESTED IN, UH, BEING PART OF LEADERSHIP ON THIS BOARD.

NOT SAYING I'M STEPPING DOWN, JUST CAN'T BE HERE FOREVER, YOU KNOW, WE GET TERMED OUT EVENTUALLY.

YEAH, I GUESS THAT'S, NO, WE CAN JUST ALWAYS IGNORE THAT ROLE.

I DON'T START ME.

SO I THINK WE'LL JUST DO A GENERAL VOTE.

UH, IS THERE ANY OPPOSITION TO ME? JESSICA COHEN REMAINING YOUR CHAIR FOR ANOTHER TERM AND MELISSA HOR BEING VICE CHAIR FOR ANOTHER TERM.

THEN THAT CAN, CAN I ASK A QUESTION? IS TERM TWO YEARS OR, UH, NO.

NO, IT'S EVERY YEAR.

EVERY IT IS ONE YEAR.

JUST ONE YEAR CHECK.

SO OUR, OUR TERMS AS BOARD MEMBERS ARE TWO YEARS, AND THEN YOU GET REAPPOINTED BY YOUR COUNCIL MEMBER, BUT THE OFFICER POSITIONS WILL ALWAYS ONLY BE ONE YEAR.

OKAY? YEP.

ALL RIGHT, SO THAT PASSES.

THE ONLY OTHER THING I WOULD ADD ABOUT THAT IS THAT IF YOU ARE CONSIDERING RUNNING FOR CHAIR, UM, WELL NOT REQUIRED, IT IS STRONGLY RECOMMENDED THAT YOU ALSO ATTEND EVERY PLANNING COMMISSION MEETING, WHICH IS TWO TIMES A MONTH.

SO THERE IS SOME ADDITIONAL WORKLOAD YOU NEED TO BE ABLE TO UNDERSTAND THE ZONING STUDY, THE ZONING FOR THE CASES, THE PLANNING PERMISSION, AND KNOW HOW THE BOARD OF ADJUSTMENT INTERACTS.

BUT IT'S A BIT MORE OF A, OH, HOW DO I PUT THIS THING? IT'S NOT JUST RUNNING THE MEETING AS OPPOSED TO BOARD OF ADJUSTMENT, WHICH IS VERY, UH, BOSSY JUDICIAL.

THERE'S THIS, THERE'S NOT A LOT OF ROOM HERE FOR ACTIVISM.

IT'S THAT WE ARE LIKE, WE'RE JUDGES, WHEREAS PLANNING COMMISSION GETS TO BE A LITTLE MORE VOCAL ABOUT THINGS THAT WE MAY POSSIBLY BELIEVE IN.

UH, I FIND IT TO BE PERSONALLY VERY REWARDING.

AND IF WHEN STUFF GETS FIXED THAT WE FIND, ESPECIALLY IF WE'RE HEARING A LOT OF CASES, UH, YOU KNOW, IT DOES HELP THE CITY OVERALL AND SAVE PEOPLE TIME AND MONEY AND STUFF.