[CALL TO ORDER]
[00:00:03]
HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER.
DO WE HAVE A QUORUM? 1, 2, 3, 4.
WE'RE MISSING, UH, ELAINE DANKO RESIGN OFFICIALLY BY EMAIL OR PHONE OR, YEAH, HE, HE RESIGNED OVER THE PHONE, BUT I TOLD HIM HE NEEDED TO SEND A RESIGNATION LETTER.
WELL, WE'VE GOT 1, 2, 3, 4, 5, 6, 7, 8, 9.
UM, I, I DON'T KNOW WHAT'S GOING ON, BUT A COUPLE OF OUR MEMBERS WERE HAVING TROUBLE WITH THEIR EMAIL.
HE'S ONE OF 'EM AND HE CANNOT LOG ON UNTIL 6:05 PM 'CAUSE IT LOCKED HIM OUT TILL THAT TIME.
LET'S GO AHEAD AND CALL THE ROLE.
I AM JESSICA COHEN, YOUR CHAIR.
AND CORY, DO YOU PREFER BOTH OF YOUR LIKE THE FULL HYPHENATED NAME PRONOUNCED? UH, JUST MCCLELLAN.
IS THERE ANY PUBLIC COMMUNICATION? NO, MA'AM.
[APPROVAL OF MINUTES]
FIRST ITEM IS APPROVAL OF THE MINUTES FOR THE BOARD OF ADJUSTMENT MEETING ON MAY 12TH, 2025.GOT A MOTION TO APPROVE MADE BY VICE CHAIR HAWTHORNE.
SECONDED BY BOARD MEMBER BOWEN CALLED THAT VOTE I.
I WAS ONLY MENTIONED FOUR TIMES, SO I WILL SAY YES.
WE'LL MAKE SURE YOU'RE MENTIONED NEXT TIME SO IT'S FAIR.
ALL RIGHT, SO IT MOVES ON TO PUBLIC HEARINGS.
THIS IS PREVIOUS POSTPONED CASES C 15 20 25 0 0 0 7 J HARGRAVE FOR HANS B 6 0 1 CUNY AVENUE.
WE NEED TO DO THE SWEARING IN OF THE, OH, YOU KNOW WHAT? PUBLIC AND THEN POSTPONEMENTS OR REQUEST.
IT'S BECAUSE WE'VE HAD MORE THAN ONE MEETING IN A DAY.
SORRY, WE'RE GONNA POSTPONE THAT PART FOR ONE SECOND.
THIS SHOULD BE OVER QUICK TONIGHT.
WE ONLY HAVE TWO CASES, SO WE'RE NOT GONNA NEED A BREAK.
UH, PLEASE TURN OFF YOUR CELL PHONES OR PUT THEM ON VIBRATE.
PLEASE TAKE YOUR DISCUSSION OUTSIDE OF THE LOBBY AND TOMORROW YOU CAN REACH OUT TO THE BOARD LIAISON.
UH, WHEN ADDRESSING THE BOARD, PLEASE SPEAK DIRECTLY TO THE BOARD, NOT TO ONE ANOTHER AND PARKING VALIDATION.
SO YOU SHOULD HAVE GOTTEN A LITTLE, UH, QR CODE ON A PIECE OF PAPER WHEN YOU DROVE INTO THE GARAGE.
THERE ARE SOME LITTLE QR CODES ON SMALLER PIECES OF PAPER OVER HERE BY THE DOOR WHERE YOU WALK IN.
WHEN YOU GO OUT THROUGH THE GARAGE, YOU SCAN THE BIG ONE AND THEN THE LITTLE ONE.
AND IT WILL VALIDATE YOUR PARKING FOR ANYONE WHO'S GOING TO BE GIVING TESTIMONY BEFORE THE BOARD TODAY.
SO IF YOU'RE GONNA BE SPEAKING BEFORE THE BOARD, I NEED YOU TO PLEASE STAND, I'M GOING TO GIVE YOU YOUR OATH FOR TESTIMONY.
DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY WE'LL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE?
[00:05:02]
ALRIGHT, THANK YOU.I HEARD ONE LITTLE VOICE THAT SOUNDED A LITTLE YOUNG TO BE GIVING TESTIMONY, BUT WE DON'T BAR ANYONE.
[2. C15-2025-0007 Jay Hargrave for Hans Vaziri 601 Kinney Avenue ]
OKAY.SO NOW WE MOVE BACK TO C 15 20 25 0 0 0 7 J HARGRAVE S 6 0 1 CUNY AVENUE.
THE APPLICANT IS REQUESTING A POSTPONEMENT ON THIS CASE TILL THE JULY 14TH MEETING.
THE APPLICANT IS RE REQUESTING A POSTPONEMENT TO JULY 14TH.
WELL, UH, ARE YOU HERE TO SPEAK ABOUT THE POSTPONEMENT IF YOU HAVE QUESTIONS? I'M JAY GRA.
UH, SO YOU, YOU, YOU STILL GET, DID A CHANCE TO SPEAK FOR YOUR POSTPONEMENT IF YOU'D LIKE.
WE WOULD LIKE TO POSTPONE UNTIL WE HAVE A CHANCE TO SPEAK WITH ALL THE INTERESTED PARTIES UNTIL JULY 14TH.
IS THERE ANY OPPOSITION? OKAY.
IF I CAN GET YOU TO GO AHEAD AND TAKE A STEP BACK AND IF, IF YOU'D LIKE TO SPEAK AGAINST THE POSTPONEMENT, THIS WILL ONLY BE TOWARDS THE POSTPONEMENT.
YOU CANNOT SPEAK TO THE MERITS OF THE CASE.
THIS IS JUST WHETHER OR NOT YOU ARE FOR OR AGAINST THE POSTPONEMENT ONLY.
PLEASE STATE YOUR NAME FOR THE RECORD.
LORRAINE ATHERTON HERE FOR THE ZILKER NEIGHBORHOOD ASSOCIATION ZONING COMMITTEE.
OUR, UH, CHAIRPERSON DID, UH, DID MEET WITH MR. HARGRAVE LAST WEEK.
AND, UH, UH, THERE'S NO PROGRESS TO BE MADE.
UH, MR. HARGRAVE INDICATED THAT HE THINKS HE, HE CAN BUILD THE, UH, THE ADDITION, UH, ACTUALLY WITHOUT A VARIANCE AND WE THINK HE SHOULD WITHDRAW AND PURSUE THAT OPTION.
ARE THERE ANY OTHER SPEAKING IN OPPOSITION? HE, YOU WILL HAVE THREE MINUTES.
UH, STATE YOUR NAME FOR THE RECORD, PLEASE.
I GO BY MIKE BECAUSE THAT'S JUST EASIER FOR EVERYONE TO SAY.
UH, I LIVE IN OWN UNIT 24 AT THE VILLAS OF LOS CANYON.
I SHARE A, UH, PROPERTY LINE WITH, UH, 6 0 1 KINNEY.
UM, AND SO I HAVE A LOT OF INTEREST IN THIS CASE BECAUSE I BELIEVE THAT THE PLAN WILL ACTUALLY DESTROY MY HOME VALUE.
BUT, UH, TWO MONTHS AGO I WAS ACTUALLY STOOD UP HERE AND I ARGUED FOR A POSTPONEMENT SO THAT THE APPLICANT AND THE OWNERS WOULD HAVE TIME TO WORK WITH US AND THE INTERESTED OTHER PARTIES, INCLUDING THE ZNA.
AND IN THAT TIME, THERE HAS BEEN CLOSE TO ZERO EFFORT ON THE APPLICANT'S PART.
UM, WE'VE MANAGED TO HAVE TWO MEETINGS WITH HIM.
THE FIRST ONE STARTED OFF KIND OF POSITIVE, SOME SUGGESTIONS ABOUT WAYS WE COULD MOVE FORWARD.
AND BY THE TIME WE HAD A SECOND ONE OVER A MONTH LATER, THE POSITION HAD CHANGED TO, THERE IS NO WAY BUT THEIR WAY.
AND SO I WOULD ACTUALLY CONTEND THAT THEY ARE NOT OPERATING IN GOOD FAITH, THAT THIS POSTPONEMENT WILL JUST WASTE THE TIME OF ALL OF MY NEIGHBORS THAT HAVE TURNED UP IN SUPPORT OR IN OPPOSITION TO THIS, UH, THING.
SO I WOULD URGE THE, THE BOARD TO CONSIDER ACTUALLY HEARING THIS CASE TODAY.
ANYONE ELSE? COME ON UP TO THE PODIUM.
STATE YOUR NAME FOR THE RECORD.
WE STILL HAVE A MINUTE OR TWO.
I AM ALSO A HOMEOWNER, BUT I'M ALSO THE PRESIDENT OF THE, UH, UH, VILLA'S, UH, HOMEOWNERS ASSOCIATION BOARD.
AND I WOULD AGREE WITH LORRAINE THAT, UH, I SEE NO REASON TO POSTPONE BECAUSE, UH, BASED ON A, OUR ATTEMPT TO MEET WITH, UH, THE HOMEOWNER'S REP, THE, UH, THE, UH, OWNER'S REPRESENTATIVE, THERE HAS BEEN LITTLE OR NO INDICATION OF INTEREST IN, UH, ANY KIND OF SOLUTION THAT WOULD ACCOMMODATE THE, THE VILLAS.
IT HAS BEEN, AS LORRAINE SAID, OUR WAY OR THE HIGHWAY.
AND SO I SEE NO BENEFIT IN A POSTPONEMENT.
[00:10:01]
YOU VERY MUCH.IS THERE ANYBODY ELSE? OKAY, MR. HARGRAVE, YOU HAVE TWO MINUTES FOR REBUTTAL.
DO YOU WANNA ADD ANYTHING ELSE? I THINK I'M GOOD.
I'VE REQUESTED FOLLOW UP MEETINGS WITH BOTH INDIVIDUAL RESIDENTS FROM THE VILLAS AS WELL AS THE ZILKER NEIGHBORHOOD ASSOCIATION.
AND SO THOSE RESPONSES HAVE NOT BEEN FORTHCOMING.
SO I DON'T AGREE THAT WE HAVEN'T BEEN WILLING TO DISCUSS THE ISSUE WITH THEM, WHICH WE'RE COMPLETELY WILLING TO LISTEN TO THEIR ISSUES AND TRY TO ADDRESS 'EM IF THERE'S ANY POSSIBILITY OF DOING SO.
LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.
OPEN IT UP TO THE BOARD FOR QUESTIONS OR DEBATE.
MADAM CHAIR, BOARD MEMBER VAN NOLAN.
I THINK 60 DAYS IS MORE THAN ADEQUATE TIME FOR THEM TO HAVE GOTTEN TOGETHER.
I ALSO MADE A, A DIRECT REQUEST TO HAVE A LADDER PERTAINING TO THE EASEMENT THAT HE'S ATTEMPTING TO BUILD ACROSS.
AND I'LL GO BACK TO THAT AGAIN.
WE CANNOT GRANT A VARIANCE FOR SOMEBODY TO BUILD ACROSS A SEWER EASEMENT.
WE, WE DON'T HAVE THAT AUTHORITY AND I DON'T SEE THAT IN MY PACKAGE EITHER.
I, MYSELF PERSONALLY, DON'T FEEL THAT, UM, ANOTHER POSTPONEMENT IS GONNA MAKE ANY DIFFERENCE.
I'M CONCERNED THAT, UH, WE'RE GONNA COME BACK AGAIN AND WE'RE GONNA HAVE THE SAME TYPE OF SITUATION.
THE ZILKER NEIGHBORHOOD ASSOCIATION IS, WE'VE BEEN DEALING WITH THEM FOR OVER TWO DECADES THAT I'VE BEEN UP HERE.
AND, UH, AND THEY, THEY'RE VERY THOROUGH AND USUALLY THEY'RE VERY OPEN TO COMPROMISE AND TO WORK SOMETHING OUT.
AND I'M NOT SEEING IT UNDER THIS CIRCUMSTANCE.
I'M GONNA MAKE A MOTION TO HEAR THE CASE AND I'M SURE YOU CAN TELL BY THE TONE OF WHERE I'M COMING FROM, WHERE I'M AT ON THIS CASE.
BUT I'M GONNA MAKE A MOTION TO HEAR THE CASE BECAUSE I DON'T, I DON'T FEEL THAT THERE IS A GENUINE ATTEMPT TO COMPROMISE OR TO RESOLVE ANYTHING FOR EITHER THE NEIGHBORS OR FOR MR. HARGRAVE.
THE OTHER CONCERN I HAVE IS THIS, UH, CASE IS VERY SIMILAR TO A CASE THAT, UH, CASES THE CITY COUNCIL WAS TAKEN UP ON THEIR LAST CITY COUNCIL MEETING.
I CAN LET, UH, COMMISSIONER BOWEN ELABORATE ON THAT.
BUT HAVING DONE A LOT OF CONSTRUCTION, ESPECIALLY ON GRADES LIKE THIS, AND WE'VE DONE IT FOR THE CITY OF AUSTIN DOWN THERE AT THE END OF OLD TORF, WHERE IT WAS 30, 40 FEET HIGH AND TAKES QUITE A BIT OF GEOTECHNICAL WORK AND, AND SOIL STABILIZATION AND WHAT HAVE YOU, AND EVEN THOSE AREN'T ALWAYS PROVEN TO BE FOOLPROOF WHEN THE, THE ELEMENTS START TO COME AND THERE'S FLOODING AND THEY'RE SLOUGHING OUT.
SO I DON'T, I'M JUST NOT COMFORTABLE WITH, UH, WITH POSTPONING.
AGAIN, I DON'T WANT TO GET INTO THE MERITS OF THE CASE 'CAUSE I KNOW LEGAL'S GOING TO MAKE THAT PERFECTLY CLEAR, BUT I WOULD LIKE TO HEAR IT SO THAT WE CAN SEE HOW THE OTHER COMMISSIONERS FEEL ABOUT IT.
SO WHAT I'M HEARING IS YOU'RE MAKING A MOTION TO DENY THE POSTPONEMENT TO DENY THE POSTPONEMENT.
IS THERE A SECOND THE CASE? I'LL, I'LL SECOND IT.
SO WE'LL DO THAT AS A MO A MOTION TO DENY THE POSTPONEMENT MADE BY BOARD MEMBER VAN OLAND, SECONDED BY BOARD MEMBER TON.
ARE THERE ANY QUESTIONS OR DID Y'ALL HAVE ANY? I THINK FURTHER THEN LET'S GO AHEAD AND VOTE ON THAT.
SO AGAIN, THIS IS FOR THE, TO DENY THE POSTPONEMENT CORRECT.
[00:15:01]
OKAY.SO WE WILL BE HEARING THIS CASE TONIGHT.
SO AGAIN, THIS IS GOING TO BE C 15 2 25 0 0 0 7 J HARGRAVE FOR HENS MISSOURI 6 0 1 CUNY AVENUE.
AGAIN, JAY HARGRAVE FOR THE VISA.
UM, MY APOLOGIES ON THE EASEMENT VACATION.
I DIDN'T PROVIDE THAT BECAUSE OF THE REQUEST TO POSTPONE.
I CAN PROVIDE THAT NOW WITH A USB IF YOU'D LIKE, BUT I UNDERSTAND THAT'S NOT AN OPTION.
UM, WOULD LIKE TO SAY THAT THE PROJECT, THE CURRENT HEIGHT OF THE PROJECT IS 27 FEET.
WE ARE NOT INCREASING THE HEIGHT OF THE PROJECT.
AND THE ADDITION IS GONNA BE 10 FEET LOWER THAN THAT.
I'M HERE BECAUSE WE WERE UNDER THE BELIEF THAT WE WOULD BE ABLE TO MEASURE THE ADDITION AS A SEPARATE STRUCTURE RATHER THAN USING THE AVERAGE ADJACENT GRADE, UM, DATU AS DESCRIBED IN THE LDC.
AND THAT EXCEPTION IS REFERRED TO AS A STEPPED OR TERRORIST BUILDING, WHICH WHEN WE WENT BACK TO PLAN REVIEW, WE ASKED FOR A DEFINITION OF THAT AND THEY SAID, WELL, WE DON'T HAVE ONE, BUT WE REACH OUT TO OTHER CODES AND GENERAL SUPPORT DATA AND THEY REJECTED OUR ASSERTION THAT IT IS A STEPPED OUR TERRORIST BUILDING WITHOUT SIDING THAT CODE.
SO THAT IS WHY WE'RE IN FRONT OF THE BOARD TONIGHT, NOT BECAUSE WE WANNA INCREASE THE HEIGHT OF THIS STRUCTURE TO 42 FEET, BUT THAT IS AN ADMINISTRATIVE, UM, REQUEST, IS THAT WE HAVE TO DO THAT IN ORDER TO BUILD THE ADDITION IN THE REAR OF THE PROJECT, WHICH IS AGAIN, ABOUT 10 FEET LOWER THAN THE CURRENT HEIGHT OF THE BUILDING.
WE HAD RECEIVED OR HEARD CONCERNS FROM RESIDENTS, NOT DIRECTLY, BUT THROUGH OTHER RESIDENTS, THAT THEY WERE CONCERNED ABOUT EROSION AND FIRE HAZARD.
AND JUST A GENERAL CONCERN ABOUT CALIFORNIANS COMING IN, COMING IN AND DESTROYING THE CHARACTER OF THE NEIGHBORHOOD, WHICH I DON'T BELIEVE THOSE ARE RELEVANT TO WHAT WE'RE ASKING FOR.
WE ARE SIMPLY TRYING TO, TO BUILD WHAT WE'RE ENTITLED TO DO.
AND THE STRUGGLE IS THAT WE ARE FORCED WITH THE, THE AVERAGE ADJACENTS GRADE THAT'S APPLIED TO THE EXISTING STRUCTURE.
AND I DON'T THINK THAT THAT HAS BEEN CLEARLY PRESENTED TO THE NEIGHBORHOOD.
UM, ARE THE, THE NEIGHBORS AT THE VILLAS BEHIND THE PROPERTY.
SO WE HAVEN'T, WE HAVEN'T BEEN PRESENTING OUR POSITION AS OUR WAY OR THE HIGHWAY WHERE WE HAVE JUST SAID THAT WE HAD PURSUED OTHER OPTIONS FOR AN ADMINISTRATIVE APPRO APPROVAL AND WE WOULD CONTINUE TO PURSUE THOSE IF THIS PROVED TO BE A DEAD END PATHWAY.
SO I AM OPEN TO QUESTIONS FROM THE NEIGHBORHOOD AND I DON'T KNOW WHAT Y'ALL WANNA DO ABOUT THE VACATION OF THE EASEMENT.
I CAN PROVIDE THE USB IF YOU'D LIKE OR SEND IT LATER AS BACKUP.
UNFORTUNATELY, IF IT HASN'T ALREADY BEEN, UH, SUBMITTED INTO THE BACKUP BY THE DEADLINE, WE CAN'T SEE IT.
'CAUSE WE HAVE NO WAY TO POST IT TO THE PUBLIC.
THAT IS ANOTHER REASON FOR POSTPONEMENT.
[00:20:05]
OKAY.IS THERE ANY OPPOSITION? STEP ON UP TO THE DAIS SINCE YOU'RE GOING FIRST.
UM, AND I, AS I MENTIONED EARLIER, SHARE, UH, A PROPERTY LINE WITH 6 0 1 KINNEY.
UM, I HAVE A LOT OF INTEREST IN THIS CASE BECAUSE THE CURRENT PLANS WILL NEGATIVELY IMPACT MY PROPERTY VALUE SIGNIFICANTLY.
IT COMPLETELY DESTROYS ANY TYPE OF PRIVACY WE HAVE IN OUR MAIN BEDROOM AND IN OUR MAIN BATHROOM.
THE WINDOWS OF THIS BEDROOM WILL LOOK OUT ON OF THE PROPOSED STRUCTURE, WILL LOOK OUT ONTO OUR BABY'S NURSERY.
AND THERE'S NOT MUCH WE CAN DO ABOUT THIS.
WHEN WE MET WITH JAY, UM, HE SUGGESTED PERHAPS THEY COULD SWITCH OVER TO SLOT WINDOWS AT THE TOP OF THE STRUCTURE THAT WOULD GIVE US OUR PRIVACY BACK.
NEXT TIME WE MEET WITH HIM, HE SAYS WE CAN DO CLUMPING BAMBOO.
THAT'S THE ONLY SOLUTION HERE THAT HE WAS WILLING TO ACCEPT.
UM, AND WHILE I HAVE A LOT OF CONCERNS ABOUT THIS STRUCTURE, I THINK I ALSO HAVE CONCERNS ABOUT THE PROCESS WE'RE ENGAGED IN.
UH, I'VE LEARNED A LOT ABOUT WHAT Y'ALL DO OVER THE LAST TWO MONTHS.
UM, AND ONE THING I REALLY APPRECIATE ABOUT WHAT Y'ALL HAVE UP ON YOUR WEBSITE IS HOW CLEAR THE RULES ARE.
I ACTUALLY BELIEVE THAT THE APPLICANT HAS COMPLETED THIS APPLICATION IN A DEGREE OF BAD FAITH.
ONE EXAMPLE OF THIS IS THAT THE DRAWING SUBMITTED ON PAGE 12 OF ITEM TWO AS PART OF THIS MEETING, UH, DOES NOT SHOW THE TRUE ROOF LINE.
UH, THIS ENTIRE CONVERSATION IS PREDICATED ON A 27 FOOT ROOF.
THIS BUILDING HAS A ROOF MUCH HIGHER THAN THAT.
UM, YOU CAN LOOK AT PICTURE THREE ON PAGE 17.
THIS IS A PICTURE TAKEN BY JAY HIMSELF, AND YOU'LL SEE THAT THERE IS A WOOD AND STEEL STRUCTURE THAT'S PERMANENTLY AFFIXED TO THE TOP OF THIS BUILDING.
BY MY UNDERSTANDING OF THE DEFINITION OF HEIGHT FOR BUILDINGS, THIS NOW SETS THE HEIGHT AT THAT I WOULD GUESS AT LEAST EIGHT FOOT TALLER THAN THEY'RE SUGGESTING IT.
IT'S, UM, AS ANOTHER EXAMPLE OF THIS KIND OF BAD FAITH BEHAVIOR, UH, YOU'LL NOTICE THAT IN THE PACKET THAT JAY SUBMITTED, THERE ARE CONFLICTING SITE PLANS ON PAGE 11.
THE PROPOSED EDITION IS MUCH LARGER THAN THE PROPOSED EDITION DISPLAYED ON PAGE 15.
I HAVE CONCERNS THAT I DON'T ACTUALLY KNOW, WHICH IS REALLY BEING SUBMITTED, SO I CAN'T IMAGINE THAT WE CAN HAVE A LEGITIMATE CONVERSATION ABOUT THE TRUE IMPACT OF THIS BUILDING.
UH, THERE ARE ALSO PATENTLY FALSE STATEMENTS, UM, LIKE THE ADDITION IS NOT VISIBLE FROM THE STREET WITH LIMITED VISIBILITY FROM ADJACENT PROPERTIES.
FRANKLY, THE PROPOSED STRUCTURE WILL BE VERY VISIBLE TO US.
IT RUNS 72 FOOT NORTH SOUTH, WHICH SPANS THE ENTIRE LENGTH OF MY HOME, ALMOST HALF OF MY NEIGHBOR'S HOME AT NUMBER 23, AND SOME OF MY NEIGHBOR AT NUMBER 25.
UH, THIS BUILDING ALSO STANDS APPROXIMATELY 45 FOOT ABOVE OUR GROUND FLOOR.
ITS ROOF WILL BE APPROXIMATELY 20 FOOT ABOVE OUR BUILDING'S ROOF, MEANING IT WILL BE VISIBLE FROM AT LEAST HALF OF THE HOMES IN OUR COMMUNITY.
THERE IS JUST NO WAY THAT THIS CAN BE HONESTLY DESCRIBED AS HAVING LIMITED VISIBILITY.
THIS APPLICATION HAS BEEN COMPLETED IN BAD FAITH.
IT'S ON THIS BASIS THAT I REQUEST THAT YOU, THE BOARD JUST DENY THIS APPLICATION.
THIS WILL GIVE THE VISA AND JAY TIME TO RECONSIDER THEIR OPTIONS, FIRE THE NECESSARY VARIANCES AND NOT SUPERFLUOUS ONES SUCH AS THIS, THAT ARE DISTRACTING FROM THE MAIN POINT, WHICH IS THEY ARE ALREADY OUT OF COMPLIANCE ON THEIR EXISTING STRUCTURE.
I YIELD ANY OF MY TIME TO FOLLOWING SPEAKERS.
STATE YOUR NAME FOR THE RECORD AGAIN, PLEASE.
UH, LORRAINE ATHERTON WITH THE ZILKER NEIGHBORHOOD ASSOCIATION ZONING COMMITTEE.
UM, THE, UH, THIS APPLICATION DOES NOT MEET THE FINDINGS FOR REASONABLE USE HARDSHIP AND AREA CHARACTER AS DESCRIBED IN THE, UH, LETTER IN YOUR PACKET FROM THE ZILKER NEIGHBORHOOD ASSOCIATION.
UM, UH, IN ADDITION, THE PROPOSED CONSTRUCTION ON A STEEP SLOPE COULD DAMAGE THE HOMES IN THE CANYON BELOW, UH, EVIDENCED IN LETTERS OF OPPOSITION SUBMITTED BY THE RESIDENTS OF LAS CANYON AND THE PRESENTATION ON SLOPE FAILURE SUBMITTED BY MEGAN MEISENBACH.
UH, ONE INTENT OF THE APPLICABLE ORDINANCE, WHICH TIES THE HEIGHT LIMIT TO THE SLOPE AVERAGE IS TO DISCOURAGE CONSTRUCTION ON STEEP SLOPES SUCH AS THIS
[00:25:01]
GRANTING THIS VARIANCE, THEREFORE IMPAIRS THE PURPOSE OF THE ORDINANCE.ACCORDING TO THE SITE PLAN APPLICATION, THE OWNERS WISH TO ADD 2,455 SQUARE FEET AND A SWIMMING POOL TO A HOUSE THAT ALREADY HAS A TOTAL GROSS FLOOR AREA OF 4,369 SQUARE FEET.
THEY'VE CHOSEN A DRAMATIC DESIGN FOR THE ADDITION THAT EXTENDS OVER THE ENVIRONMENTALLY SENSITIVE SLOPE BEHIND THE HOUSE DIRECTLY ABOVE THE VILLAS OF LOS CANYON CONDOMINIUMS. THE CONDOS COULD BE THREATENED BY EROSION AND FLOODING IF THIS IS A, IF THE, UH, OWNERS ARE ALLOWED TO REMOVE THE VEGETATION AND DAMAGE THE SLOPE.
IT'S THE OWNERS' DESIGN CHOICES THAT HAVE TRIGGERED THE RECALCULATION OF THE HEIGHT.
THE OWNERS COULD ADD A SECOND FLOOR TO THE SOUTH WING OF THE EXISTING HOUSE OR ADD ON TO THE NORTH SIDE OF THE HOUSE WITHIN THE CODE.
AND SO THEY CANNOT CLAIM THAT THEY HAVE BEEN DENIED REASONABLE USE AND HARDSHIP.
UH, IN THE SAME SAME VEIN, UH, THE HARDSHIPS ARE ENTIRELY SELF-IMPOSED.
THEY ASSERT THAT A LARGE LIVE OAK IN THE GEOLOGY OF THE STEEP SLOPE OF THE CANYON QUALIFIES ED AS HARDSHIPS UNIQUE TO THE PROPERTY.
BUT THOSE GEOLOGICAL CONDITIONS AND THE PRESENCE OF THE PROTECTED TREES ARE COMMON TO PROPERTIES SOUTH OF BARTON SPRINGS ROAD, INCLUDING PROPERTIES ALONG AND IN LOS CANYON, THROUGHOUT OAKEY HEIGHTS NORTH OF TREADWELL, ALONG SOUTH LAMAR AND BARTON SPRINGS ROAD, ALONG THE NORTHERN SEGMENT OF BLUE BONNET ON LUND ABOVE AZ MORTON, WEST OF RAB ROAD THROUGHOUT BARTON HILLS.
AS NOTED ABOVE, A LARGE HOUSE HAS ALREADY BEEN BUILT ON THE SITE WITHIN THE CODE, UNDER THE CONDITIONS THAT EXISTED WHEN THE SITE WAS PURCHASED.
THEREFORE, THERE IS NO QUALIFYING HARDSHIP.
NEXT, AND AGAIN, JUST STATE YOUR NAME FOR THE RECORD.
SO AS I MENTIONED BEFORE, I AM A HOMEOWNER, BUT I'M ALSO THE PRESIDENT OF THE, UH, OF THE HOMEOWNERS ASSOCIATION.
AND WE ARE 30 SEPARATE HOMES, BUT WE'RE ONE COMMUNITY.
AND, UM, WHAT AFFECTS ONE HOME OR TWO HOMES IN THE COMMUNITY ALSO IMPACTS THE WHOLE COMMUNITY.
UH, AND AS, AS LORRAINE SAID, 6 0 1 KINNEY IS ALREADY A SIGNIFICANTLY LARGE HOME.
BUT THIS ADDITION WOULD, WOULD HAVE A SIGNIFICANT ADDITIONAL IMPACT ON THE COMMUNITY IN MANY WAYS, WHICH WE CAN'T EVEN PREDICT TODAY.
UH, SO WHAT I WANNA IMPRESS IS THIS MAY SERVE ONE HOMEOWNER AT 6 0 1 KENNY, BUT IT WOULD BE A DISSERVICE TO THE 30 ADDITIONAL HOMEOWNERS THAT LIVE BEHIND IT IN VIC, IN THE VOLC FOR THE REASONS THAT MIKE AND LORRAINE BOTH EXPLAINED.
AT A MINIMUM, IT WOULD REDUCE OUR PRIVACY AND OUR HOME VALUES, BUT IT WOULD HAVE MANY OTHER IMPACTS BOTH MENTIONED TODAY AND THOSE THAT HAVEN'T EVEN BEEN THOUGHT OF.
UH, BASED ON, AS I MENTIONED, OUR COMMUNICATIONS WITH THE HOMEOWNER, THE 6 0 1 KINNEY OWNERS REPRESENTATIVE, NO SOLUTION HAS BEEN PUT FORWARD THAT WOULD BE ANYWHERE CLOSE TO ACCEPTABLE.
UH, AND THE IMPRESSION WE'VE GOTTEN IS JUST THAT THIS IS GONNA BE FORCED ON THE COMMUNITY AND PARTICULARLY ON US, UH, WHICH I FIND, AS MIKE SAID, SORT OF A, UH, AN UNACCEPTABLE PROCESS AND, UM, AND, AND NON SOLUTION.
IS THERE ANYBODY ELSE? HI, JUST, UH, STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE THREE MINUTES.
UM, I'M, UH, MIKE'S NEIGHBOR IN UNIT 23.
ONE OF THE THREE UNITS MOST AFFECTED BY THE, UH, UH, BY THE PROJECT.
I, UM, I'M SPEAKING IN THREE DIFFERENT, UH, FROM THREE DIFFERENT PERSPECTIVES.
ONE, UM, AS ONE OF THE HOMES THAT'S MOST AFFECTED.
SECOND AS, UH, AS A, UH, UH, HOA BOARD MEMBER.
AND THIRD, AS A FORMER FIREFIGHTER AND PRESIDENT OF, UH, I WAS PRESIDENT FOR EIGHT YEARS OF TRAVIS COUNTY EMERGENCY SERVICES DISTRICT 14.
AND AS I LOOK AT THIS, UH, FROM A FIREFIGHTER'S PERSPECTIVE,
[00:30:01]
UH, I HAVE TWO MAIN PROBLEMS. IT'S A HUGE SAFETY ISSUE IN MY, UH, IN, FROM MY POINT OF VIEW.ONE, UM, THE ADDITION OF THIS IMPERVIOUS COVER, WE'VE ALREADY HAD FLOODING IN, IN UNITS, UH, UH, BEFORE, YOU KNOW, THE IMPERVIOUS COVER ISSUE IS GONNA MAKE THAT WORSE.
BEING ABLE TO ACCESS, UH, FROM THE BACK OF THE BUILDING TO FIGHT A FIRE, UH, IS VERY LIMITED.
THERE'S TWO FENCES, SO YOU'VE GOT 10 FEET FROM, UH, FROM THE PROPERTY LINE.
SO GETTING DOWN THAT SLOPE, BEING ABLE TO FIGHT, YOU KNOW, YOU'RE BASICALLY SHOOTING WATER STRAIGHT UP.
AND IF THERE'S ANY WIND, IT'S, YOU KNOW, IT'S GONNA BE VERY, UH, IT'S GONNA BE VERY DIFFICULT TO FI TO FIGHT THAT FIRE.
SECOND, GOING BACK, IF THEY GO TO, UH, MY PATIO TO FIGHT THE, UH, THE, THE FIRE, UH, IT'S, IT'S LIMITED.
IT'S ONLY 20 FEET, SO YOU'RE STILL GOING TO BE SHOOTING WATER STRAIGHT UP.
THAT IS ALMOST, YOU KNOW, IF THERE WERE A FIRE, IT WOULD BE IN MY, IN MY ESTIMATION, IMPOSSIBLE NOT TO FLOOD, UH, SOME OF THE UNITS, UH, JUST TO PROTECT THE, UH, UH, JUST TO BE ABLE TO FIGHT THAT FIRE.
VERY SIMILAR TO, I THINK, YOU KNOW, THE BIG FIRE THAT HAPPENED AT THE TALISMAN, UM, A COUPLE, UH, MONTHS AGO, UH, IN FEBRUARY WHERE, YOU KNOW, IF FIRE GOES THERE, THERE'S A LIMITED ABILITY TO BE ABLE TO CONTAIN IT TO ANY UNITS.
SO YOU'VE GOT BOTH FIRE ISSUES AND YOU'VE GOT FLOODING ISSUES.
UH, MR. HARGRAVE, YOU ALL HAVE TWO MINUTES FOR REBUTTAL? I, YES.
UH, CITY OF AUSTIN HAS REVIEWED THIS FOR LDC COMPLIANCE, INCLUDING AUSTIN FIRE AND ENVIRONMENTAL IN TERMS OF EROSION.
AND I WILL POINT OUT THAT WE ARE OBLIGATED BY STATE LAW TO PROTECT A CHASING PROPERTY FROM WATER RUNOFF ACROSS PROPERTY BOUNDARIES.
WE'RE NOT GONNA IMPACT THE ACCESS BETWEEN THE TWO PROPERTIES IN TERMS OF WHATEVER ACCESS IS THERE.
IN TERMS OF FIRE, WE'VE TALKED TO THE VILLAS IN TERMS OF CHANGING FENESTRATION TO PRESERVE PRIVACY.
I THINK THE COMMENT THAT MAY HAVE BEEN MISCONSTRUED WAS WHEN I FIRST MET WITH THE VILLAS, I WAS TOLD THAT THEY WERE GONNA, THE HOA OF THE VILLAS WAS GONNA JUST REJECT THE, THE PROJECT WHOLESALE.
AND SO WHEN I TALKED TO REPRESENTATIVE LAST OR SENT HER AN EMAIL, IT WAS, IF YOU WILL CONSIDER NOT REJECTING THIS PROJECT, I WILL WORK WITH YOU GUYS TO COME UP WITH A SOLUTION THAT WORKS FOR EVERYBODY.
AND I DON'T THINK THAT THAT IS ACTUALLY A MY WAY OR THE HIGHWAY STATEMENT.
AND I WILL POINT OUT THAT WHAT WE'RE ASKING FOR IS WITHIN OUR ENTITLEMENT OTHER THAN WHAT WE'RE UP AGAINST, WHICH IS THE AVERAGE ADJACENT GRADE ISSUE, WHICH WE HAD UNDERSTOOD.
WE HAD AN EXCEPTION FOR, WHICH WE DON'T WANNA FIGHT WITH THE BUILDING OFFICIAL BECAUSE THAT'S A, A WHOLE NOTHER ARGUMENT.
WE DON'T BELIEVE THAT THEY HAVE THE, THE BACKUP MATERIAL TO MAKE THAT DETERMINATION.
LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.
DO YOU HAVE YOUR HAND RAISED OR WERE YOU SCRATCHING? OH, I WAS GOING TO PUT, THEN YOU RAISED HIS HAND.
UM, SO THE, THE HEIGHT PART, I JUST WANNA MAKE SURE I UNDERSTAND.
IT'S THE EXISTING STRUCTURE THAT IT DOES NOT COMPLY WITH THE HEIGHT, BUT THE PROPOSED STRUCTURE DOES.
THAT'S A QUESTION FOR THE APPLICANT.
SO THIS CONDITION IS CREATED BY THE, THE DATA, THE MEASUREMENT LINE THAT IS ESTABLISHED BY THE TWO POINTS OF THE
[00:35:02]
BUILDING FOOTPRINT, THE HIGH POINT AND THE LOW POINT.AND BECAUSE OF THE ADDITION IS NOW ON THE SLOPED AREA, IT LOWERS THAT ONE POINT.
WHAT PUSHES THAT DATUM DOWN? SO THE, THE CURRENT BUILDING ORIGINALLY WAS MEASURED AT 27 FEET.
IT IS NOW MEASURED AT 42 FEET WHEN YOU USE THAT DATU.
IT'S THE DATU THAT HAS BEEN LOWERED.
WHICH WOULD THEN MAKE THE ORIGINAL BUILDING NOT IN COMPLIANCE.
UM, MY OTHER QUESTION WAS, UM, WOULD THE PROPOSED BUILDING, UM, INCLUDE A SPRINKLER SYSTEM? NO, THE A FD REVIEWED IT FOR THAT.
WE HAVE ENOUGH WATER FLOW FOR THAT.
SO WE WENT THROUGH THAT REVIEW.
UH, BOARD MEMBER BOWEN, MR. HARGRAVE, I IMAGINE THERE'LL BE SEVERAL QUESTIONS FOR YOU.
SO I WAS HAVING A, I WAS HAVING A PROBLEM, AND THANK YOU FOR ASKING THE QUESTION ABOUT THE HEIGHT, BECAUSE YOUR ORIGINAL REQUEST WAS THE 42 FEET.
NOW YOU'RE CHANGING THAT REQUEST.
IS THAT, WHICH DID I UNDERSTAND THAT RIGHT? THAT YOU WERE LOOKING FOR 10 FEET LESS? BECAUSE I WAS ALSO LOOKING AT THE DRAWINGS FROM YOUR ORIGINAL PRESENTATION.
THERE WAS A DIFFERENCE IN THERE.
WE, WE ARE NOT CHANGING THAT REQUEST.
IT WAS RECOMMENDED THAT THAT IS THE MOST DIRECT WAY TO REQUEST A VARIANCE IS NOT A RELIEF FROM THE AVERAGE ADJACENT GRADE, BUT TO INCREASE THE MAXIMUM HEIGHT TO 42 FEET.
SO THE BACK, THE BACK BUILDING THAT YOU'RE PLANNING ON WANTING TO BUILD THAT ELEVATION OF 30, ROUGHLY 32 FEET.
THAT IS, IS THAT CORRECT? NOW? YES.
IS PER WHAT THE DRAWINGS ARE SHOWING? CORRECT.
UM, BASED ON THE, THE NEW AVERAGE ADJACENT GRADE.
SO I'M, I'M JUST TRYING TO MAKE SURE I'M, I'M CLEAR IN MY MIND WHAT WHAT YOU'RE, BECAUSE YOU ALSO SAID SOMETHING, UH, ABOUT, UH, PURSUING A DIFFERENT AVENUE.
WE, YOU, WELL, HANG ON, LET ME FINISH REAL QUICK.
AND THEN I'LL, BECAUSE YOU SAID THIS IS PERMITTING HAS ALREADY SAID, WHAT, WHAT WAS, WHAT WAS IT THAT PERMITTING HAS SAID THAT YOU HAD TO COME TO GET A VARIATION FOR, IN ORDER TO PURSUE? BECAUSE YOU, IT APPEARS THAT YOU'RE SAYING THAT EVERYBODY SIGNED OFF ON THIS, EXCEPT FOR NOW YOU HAVE TO HAVE A VARIATION AND THAT'S, MAYBE THAT'S WHAT'S CONFUSING ME, RIGHT? BECAUSE OF THE, EVERYTHING HAS BEEN APPROVED EXCEPT FOR THE HEIGHT OF THE EXISTING BUILDING, WHICH BASED ON THE NEW AVERAGE ADJACENT GRADE IS 42 FEET INSTEAD OF THE ORIGINAL 27 FEET.
SO IT CREATES THE NEW AVERAGE ADJACENT GRADE CREATES A NON-COMPLIANT STRUCTURE FROM THE ORIGINAL COMPLYING EXISTING STRUCTURE.
SO THEN, THEN WHAT I'M UNDERSTANDING, BASED UPON WHAT YOU'VE PRESENTED THIS TIME AROUND, IS THAT DO YOU REALLY NEED THE, THE, THE VARIANCE WE DO BECAUSE OF THAT TECHNICALITY AND THAT THE, THE DATA, THE MEASURE MEASUREMENT DATU HAS MOVED DOWN ESSENTIALLY BELOW THE GRADE BY ABOUT 15 FEET.
SO, UM, SO WHEN THE CITY APPROVED THIS WITH THAT SEWER LINE RUNNING THROUGH THERE, WE VACATED, THAT WAS VACATED WITH A NEW EASEMENT, UH, CREATED BY AUSTIN WATER.
SO I'M, YOU KNOW, WE ORIGINALLY ASKED YOU FOR THAT INFORMATION THAT WOULD'VE BEEN REALLY GREAT TO HAVE THAT INFORMATION YOU DID, EVEN THOUGH IT'S NOT HERE NOW.
UH, BUT THERE WAS A LOT OF CONCERNS OVER THAT.
UH, I DO HAVE SOME CONCERNS BASED UPON THE LAST, UH, AS WATCHING THE LAST, UH, ISSUE WITH A, A SIMILAR PROPERTY THAT WAS TALKING ABOUT WITH THE, THE WAY THE SLOUGH IS WITH THAT ENTIRE, UM, THE BUTA, UH, FORMAT.
NOT SEEING, YOU KNOW, LOOKING AT THAT BECAUSE OF THE ROCK AND THE FACT
[00:40:01]
THAT I'VE ALSO HAVE AN ISSUE WITH THE FACT THAT SOME OF YOUR, YOUR PRESENTATION DRAWINGS OR I SEE A POOL, BUT THEN I DON'T SEE A POOL AND HOW THAT'S GOING TO IMPACT THE ACTUAL.SO I'M, I'M REALLY, I'M REALLY HAVING A HARD TIME WANTING TO ALLOW THIS BECAUSE OF THE, BECAUSE OF THE, SOME OF THE INFORMATION, THE WAY IT'S, IT'S BEEN PRESENTED, BECAUSE I'M NOT GONNA PUT MYSELF OUT ON A LIMB, UM, SHOULD THE SIDE OF THAT HILL SLOUGH OFF AND END UP IN THE, IN SOMEBODY'S HOUSE DOWN THERE AND KILL SOMEBODY.
SO, UM, YOU'VE ANSWERED MY QUESTIONS.
UH, A ELAINE, I'M TRYING TO GET THE AUSTIN BUILD CONNECT.
I WANNA SEE THOSE COMMENTS THAT HE WAS TALKING ABOUT.
WELL, LET TELL YOU WHERE I'M AT ON IT BECAUSE I MAY SAVE YOU A LITTLE BIT OF TIME 'CAUSE I'M GONNA MAKE A MOTION TO DENY.
NUMBER ONE, VARIANCES AREN'T ENTITLEMENTS.
UH, NOBODY'S ENTITLED TO AN A VARIANCE.
WE GIVE IT INDIVIDUALLY BASED ON EACH INDIVIDUAL PROPERTY, THEIR NEEDS AND THE HARDSHIPS THAT ARE PROVIDED.
UH, I'M A LITTLE BIT CONCERNED THAT I HEARD QUOTE, IT'S NOT A HEIGHT ISSUE.
WE'RE NOT ASKING FOR ADDITIONAL HEIGHT, BUT YET OUR PACKET AND THE POSTING CLEARLY SAYS THEY'RE REQUESTING ADDITIONAL HEIGHT.
UH, WE GAVE 60 DAYS POSTPONEMENT FOR INFORMATION TO COME FORTH AND TO WORK THINGS OUT THAT DIDN'T HAPPEN.
UH, I STILL HAVEN'T GOTTEN TO A LEVEL OF COMFORT HERE AS IT RELATES TO BOTH THE INFO, INFO INFORMATION PROVIDED AND THE ISSUE STATED NOT AT THIS MEETING, BUT ALSO AT THE SAME AT AT THE PREVIOUS MEETING AS WELL.
AND WE ALL TOOK OUR TRAINING TODAY, OUR REFRESHER TRAINING TODAY, AND UNDER THE CATEGORY OF SPIRITING OF THE ZONING OF THE ZONING ORDINANCE, IT SAID, QUOTE, A VARIANCE SHOULD HAVE MINIMAL OVER ALL IMPACT ON NEIGHBORING PROPERTIES AND THE COMMUNITY SIDING.
ALL OF THESE THINGS AND THE SAFETY ISSUES AND EVERYTHING.
I'M GONNA MAKE A MOTION TO DENY, OR I HAVE ONE QUESTION FOR LEGAL.
UH, DO WE HAVE THE OPTION TO ALLOW MR. HARGRAVE TO WITHDRAW HIS REQUEST FOR A VARIANCE TO WORK OUT HIS ISSUES AND THEN TO HE CAN COME BACK AND IF HE NEEDS A VARIANCE OR IF HE CAN BUILD IT WITHOUT A VARIANCE, UH, DO WE HAVE THE ABILITY TO OFFER THAT TO HIM, THEN HE'LL HAVE ALL THE TIME HE NEEDS TO WORK WITH THAT WITH THE NEIGHBORHOOD AS WELL.
ERICA LOPEZ, ASSISTANT CITY ATTORNEY.
UM, THE, THE QUE THE QUESTION AS I UNDERSTAND IT IS, DOES THE APPLICANT HAVE THE ABILITY TO WITHDRAW THEIR APPLICATION? YES, IT'S THEIR APPLICATION, BUT IT HAS TO BE THEIR DECISION CORRECT.
UM, AND, BUT RIGHT NOW THE DECISION BEFORE THE BOARD IS WHETHER TO APPROVE OR DENY THE, OR DENY.
UM, AGAIN, I'M GONNA MAKE A MOTION TO DENY THIS.
THIS IS, I'M A PRO PROPERTY RIGHTS KIND OF GUY.
I SAID THAT IN OUR TRAINING MEETING, AS LONG AS THIS DOESN'T HAVE A NEGATIVE OR A POTENTIAL DANGEROUS OR DETRIMENTAL IMPACT TO THE PEOPLE SURROUNDING HIM OR THE NAME THEIR ADJACENT NEIGHBORS, THIS CLEARLY DOES IN MY, IN MY BOOK.
AND SO THEREFORE I'LL MAKE A MOTION TO DENY.
I DIDN'T SEE IF IT WAS YOUR VICE CHAIR HAWTHORNE FIRST.
THIS IS A MOTION TO DENY MADE BY A BOARD MEMBER BY OLAND.
AND NORMALLY I DON'T LIKE MOTIONS TO DENY AND I GENERALLY CHANGE THEM TO MOTION TO APPROVE.
BUT JUST BASED ON THE EVIDENCE I'VE SEEN SO FAR, IT'S, IT'S A LITTLE RARE.
I'M GONNA, INSTEAD OF MAKING A SUBSTITUTE, I THINK SUPPORT THIS ONE.
ARE THERE ANY OTHER QUESTIONS? HE SAID, JUST SO WE'RE ALL CLEAR, FOR THE NEW FOLKS, MOTION TO DENY IS TO DENY THE VARIANCE AS OPPOSED TO WHERE IF NOT ENOUGH PEOPLE VOTED YES ON AN APPROVE, IT WOULD BE DENIED.
SO YES IS NO, YES, IS NO QUESTION FOR LEGAL.
EVEN THOUGH THE PUBLIC HEARING IS CLOSED, I, I MAY HAVE ACCIDENTALLY OVERHEARD SOMEONE SUGGESTING THAT THEY'D BE WILLING TO WITHDRAW.
IF I WERE TO DRAG THIS OUT FOR A MINUTE, WOULD THEY HAVE THE OPPORTUNITY TO DO THAT TO, I'M SORRY, WITHDRAW.
CAN YOU ELABORATE ON WITHDRAW?
[00:45:02]
I, I DON'T KNOW IF THE, IF THE APPLICANT HAS THE ABILITY TO WITHDRAW THE APPLICATION BEFORE WE MAKE A RULING, THE DECISIONS BEFORE THE BOARD RIGHT NOW REOPEN THE CASE? YES MA'AM.DEBATING ON MAKING A SUBSTITUTE TO POSTPONE.
I'M GONNA MAKE A, I'M GONNA, THAT'S ALRIGHT, ROBERT, I'M GONNA, I'M GONNA CALL THE QUESTION MADAM CHAIR.
I HATE TO DO IT, BUT I'LL CALL THE QUESTION.
IS THERE A SECOND? DO YOU HAVE A SECOND? NO, YOU HAD TO ACTUALLY CALL THE QUESTION.
HE CALLED THE QUESTION TO CALL THE QUESTION.
UH, IS THERE ANY OPPOSITION TO CALL THE QUESTION? OKAY, LET'S TAKE A VOTE.
UH, AGAIN, THIS WILL BE A MOTION TO DENY MADE BY BOARD MEMBER VON OLAND.
SECONDED BY BOARD MEMBER BOWEN.
UH, TOMMY, UH, I'D LIKE TO RECOGNIZE THAT TOMMY EATS HAS JOINED US ON THE DAAS.
SO, UH, I'LL COME TO YOU LAST, TOMMY, SINCE WE STARTED LATE.
THAT MOTION, OR SORRY THAT VARIANCE IS DENIED.
NO, HE CAN REAPPLY IN A CERTAIN AMOUNT OF TIME.
IS THAT CORRECT? YOU HAVE ATTENDS TO FILE FOR WITH NO INFORMATION CONSIDERATION IF YOU WOULD LIKE TO DO SO.
[3. C15-2025-0019 Kathryn and Rafael Reyes 7211 Ridge Oak Road ]
NEXT ITEM WILL BE ITEM THREE C 15 20 25 0 0 1 9.PLEASE STATE YOUR NAME FOR THE RECORD.
UH, LET'S GET YOUR PRESENTATION PULLED UP AND YOU'LL HAVE FIVE MINUTES.
DO I, IS SOMEONE DO HAVE THE CONTROLLER WITH YOU? OR YOU CAN JUST SAY NEXT SLIDE WHEN YOU'RE READY.
THANK YOU ALL, UH, FOR GIVING US THE OPPORTUNITY TO SPEAK TODAY AND SHARE OUR STORY.
I'M A HOMEOWNER AT 72 11 RIDGE OAK ROAD.
UM, MY HUSBAND AND I HAVE FIVE CHILDREN, THREE OF WHOM ARE HERE TODAY.
UM, THEY RANGE IN AGES FROM NINE MONTHS TO 18.
UM, SO I'M HERE TO RESPECTFULLY REQUEST A VARIANCE FOR OUR FENCE HEIGHT, UH, FOR OUR HOME.
SO FIRST I WANTED TO QUICKLY EXPLAIN HOW WE GOT HERE TODAY.
UM, THIS HAS SEEMINGLY BEEN A PROCESS THAT HAS KIND OF BEEN GONE ABOUT BACKWARDS AS WE ARE ALL STUDENTS OF LIFE AND LEARNING.
AND I'VE LEARNED QUITE A BIT THE LAST MONTH SINCE BUILDING THIS FENCE.
UM, WE HAVE WORKED REALLY HARD IN TURNING OUR HOME INTO OUR HOUSE, INTO A HOME FOR OUR FAMILY AND OUR CHILDREN.
UH, THIS YEAR WE SHIFTED OUR FOCUS TO THE OUTDOOR AREA AS OUR FAMILIES CONTINUE TO GROW.
AND WE HAVE THREE YOUNG KIDS THAT CONTINUOUSLY PLAY IN THE BACKYARD, UH, AT OUR HOME.
SO THIS IS OUR FIRST TIME EVER BUILDING A FENCE AS WELL AS LIVING IN AN HOA NEIGHBORHOOD.
AND SO, IN SPEAKING WITH VARIOUS NEIGHBORS ABOUT OUR FENCE, UH, WE, WE CAME TO LEARN THAT THERE ARE HANDFULS OF FENCES IN OUR NEIGHBORHOOD THAT ARE OVER SIX FEET, UP TO EIGHT FEET.
UM, SO THE NEIGHBORHOOD, THE NEIGHBORS THAT WE SPOKE TO SORT OF SET THE PRECEDENT TO US AND WE BUILT OUR FENCE, UH, IN AN EFFORT TO CREATE A SAFE ENVIRONMENT AS WELL AS THE PRIVACY OF OUR HOME.
WE WERE GIVEN, UH, WE WERE THEN INFORMED THAT WE HAD TO SUBMIT APPLICATION TO OUR HOA TO THE ARCHITECTURAL COMMITTEE, TO WHICH WE QUICKLY DID, UH, THEY GAVE US CONTINGENT APPROVAL UPON, UH, NEIGHBOR GRANTS.
AND SO, UH, THEN A WEEK LATER THEY, THEY RESCINDED THEIR, UH, APPROVAL, UH, BASICALLY DISCLAIMING THEIR AUTHORITY.
OH, YOU CAN GO TO THE NEXT SLIDE, SORRY.
UH, THIS IS A LETTER FROM OUR HOA
[00:50:01]
AND A CC DISCLAIMING THEIR AUTHORITY TO MAKE SUCH A DECISION TO APPROVE OR DENY A FENCE HEIGHT VARIANCE.SO THEY DIRECTED US TO RECEIVE A BOARD OF ADJUSTMENT AND APPLY FOR THAT TO WHICH WE DID WITHIN A DAY.
SO THAT IS HOW WE ARE HERE TODAY.
UM, SO I'D LIKE TO QUICKLY, NEXT SLIDE PLEASE.
UM, I WANTED TO ADDRESS EACH REQUIREMENT DIRECTLY BASED ON OUR FENCE HEIGHT.
UM, NUMBER ONE, THE HARDSHIP IS DUE TO UNIQUE CONDITIONS THAT ARE NOT GENERALLY A APPLICABLE TO OTHER PROPERTIES.
OUR LOT HAS A HIGHER FINISHED FLOOR ELEVATION COMPARED TO ADJACENT LOTS, CREATING A DOWN DOWNWARD SLOPE TOWARD OUR REAR AND SIDE NEIGHBORS WITHIN 50 FEET OF THE PROPERTY LINES.
THIS ELEVATION DIFFERENCE COMBINED WITH THE PROXIMITY OF NEIGHBORING TWO STORY HOMES, SOME AS CLOSE AS 10 TO 12 FEET FROM OUR FENCE LINE, CREATES A SIGNIFICANT VISIBILITY INTO OUR YARD AND LIVING SPACES AND VICE VERSA.
THE STANDARD SIX FOOT FENCE FAILS TO ADDRESS THIS UNIQUE PRIVACY CHALLENGE.
WE ARE THE ONLY LOT IN THE NEIGHBORHOOD WHOSE FRONT YARD SHARES 100% OF THE ADJACENT NEIGHBOR'S REAR PROPERTY LINE.
THIS PARTICULAR NEIGHBOR IN THE FRONT ACTUALLY SPLIT THE COST OF THE FENCE WITH US BECAUSE HE DESIRES AND EXPERIENCES A SIMILAR HARDSHIP GIVEN THAT WE CAN SEE DIRECTLY INTO HIS BACKYARD AND LIVING SPACES FROM OUR HOME.
SO I, I ALSO HAVE A SUPPORT LETTER FROM THIS NEIGHBOR AS WELL.
THE HARDSHIP IS NOT SELF-IMPOSED.
THE SLOPE, FINISHED FLOOR ELEVATION OF OUR HOME LOCATION OF NEIGHBORING STRUCTURES AND PLACEMENT OF THE MATURE TREES ALONG OUR BACK FENCE LINE ALL PREDATE OUR REQUEST.
IN FACT, THE MATURE TREES WITH THE LOW CLIMBABLE LIMBS HAVE ACTUALLY BEEN USED BY OUR CHILDREN TO CLIMB THEM AND SIT UP ON TOP OF THE REAR FENCE, UH, IN THE PAST.
YOU CAN PROBABLY GO TO THE NEXT SLIDE AT THIS POINT.
THIS IS A QUICK IMAGE, THE YELLOW DOT SHOWS OUR HOME.
AND THEN THIS IS FROM THE CITY WEBSITE SHOWING THE ORANGE SHOWS A GRADE OF OVER 15% SLOPE.
SO AS YOU CAN SEE FROM OUR REAR NEIGHBORS IN OUR FRONT YARD AND THEN A CORNER IN OUR BACKYARD EXPERIENCES IS SIGNIFICANT NATURAL GRADE, NATURAL GRADE SLOPE.
UM, AND THEN YOU CAN ALSO SEE THE HOUSES ARE RED DOTS OR RED SQUARES TO SHOW THE PROXIMITY OF THE HOMES TO OUR HOME.
UM, AND THEN, THEN I MENTIONED THE HARDSHIP NOT BEING SELF-IMPOSED BECAUSE WE DID NOT PUT THESE TREES HERE.
WE DID NOT LIFT OUR HOUSE 40 INCHES ABOVE THE GROUND.
IT WAS PREEXISTING WHEN WE MOVED IN.
UM, OUR CHILDREN HAVE SCALED THE FENCE IN THE BACKYARD POSING A SAFETY RISK FOR US.
UH, YOU CAN GO ONTO THE NEXT SLIDE PLEASE.
SO THIS IS AN EXAMPLE OF THE TWO TREES THAT WE HAVE ALONG OUR FENCE LINE.
UH, THIS IS SHOWING NOT ONLY IS THERE REDUCED PRIVACY, WE SHARE A HUNDRED PERCENT OF OUR REAR ADJACENT FENCE LINE WITH OUR REAR NEIGHBOR.
AND SO EACH OF US VIEW DIRECTLY INTO OUR BACKYARD IN OUR HOMES, UH, MORE SPECIFICALLY OUR PRIMARY BEDROOM.
OUR LIVING ROOM, KITCHEN, AND DINING AREA ARE ALL WINDOWED AREA ALONG OUR COMPLETE THE BACKSIDE OF OUR HOME.
I HAVE A LOT TO SAY, UM, SINCE WE SUMMARIZE IT IN ONE SENTENCE.
SINCE WE HAVE BUILT THIS FENCE, WE HAVE DRASTICALLY IMPROVED OUR HARDSHIP.
UH, WE HAVE DRASTICALLY DECREASED THE LIGHT TEST.
IS THERE ANY OPPOSITION? STEP UP TO THE PODIUM.
PLEASE STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES.
I AM THE REAR NEIGHBOR AT 63 0 8 PONCHO PASS.
I'VE BEEN A RESIDENT THERE FOR 13 YEARS AND WAS BORN HERE IN THE CITY OF AUSTIN.
NEVER HAD A PROBLEM WITH, UH, ANY NEIGHBORS BEFORE UNTIL THIS NINE AND A HALF FOOT FENCE GOT BUILT IN MY BACKYARD.
IT'S FUNNY, THEY REQUESTED EIGHT AND A HALF, OR SORRY, EIGHT FOOT FOUR, BUT MEASURED FROM MY SIDE OF THE FENCE AND THE NATURAL GROUND.
IT'S ACTUALLY NINE FOOT SIX INCHES.
UH, AND I HAVE PICTURES TO PROVE THAT.
I'M ALSO FIND IT INTERESTING THAT THE LAND DEVELOPMENT CODE OBVIOUSLY SAYS THAT A PROPERTY LINE FENCE HAS TO BE SIX FEET.
UM, AND THEN YOU DO HAVE THE OPTION TO GET IT UP TO EIGHT FEET IF YOU GET NEIGHBOR CONSENT.
THEY DO NOT HAVE MY CONSENT, NOR DO THEY HAVE THE CONSENT OF THE NEIGHBOR NEXT TO ME ON THIS SIDE, NOR THE NEIGHBOR ON THIS SIDE.
THEY HAVE THAT ONE THAT THEY SPLIT THE FENCE WITH.
THEY NEVER CAME TO ME AND ASKED FOR, YOU KNOW, ANY RECOMMENDATIONS.
WE DIDN'T HAVE ANY TYPE OF DISCOURSE ABOUT THE FENCE UNTIL ONE DAY I WALKED OUT AND SAW 10 FOOT POLES.
AND, UH, SO I CONTACTED THE ARCHITECTURAL COMMISSION AT OUR HOA.
THEY SAID, YEAH, THAT DOESN'T FLY FOR THE HOA RESTRICTIONS EITHER.
UM, I SAID, WELL, Y'ALL WANNA CALL 'EM AND TELL 'EM BEFORE THEY SPEND ALL THIS MONEY AND BUILD THIS GIANT FENCE.
AND, UH, SO THE HOA PRESIDENT CALLED AND SAID, HEY GUYS, JUST SO YOU KNOW, YOU CAN'T BUILD THIS.
AND UH, THEY WILLFULLY IGNORED AND COMPLETED THE FENCE.
AND THEN AFTER THAT THEY DECIDED TO COME AND TALK TO ME AND, YOU KNOW, TRY TO BULLY ME INTO JUST ACCEPTING THE FACT THAT I HAVE TO LOOK AT TWO FENCES
[00:55:01]
NOW.UM, THEY ALSO REFUSE TO ACKNOWLEDGE THE EXISTENCE OF BLINDS AND CURTAINS AS A STANDARD SOLUTION TO WINDOW PRIVACY.
UH, THEY CLAIM A UNIQUE HARDSHIP, WHICH THEY DO NOT HAVE BECAUSE THERE ARE OTHER, UH, PROPERTIES INCLUDING MY OWN, THAT HAVE FINISHED FLOOR ELEVATIONS THAT ARE HIGHER.
WERE ALL BUILT ON HILLS THERE IN SOUTHWEST AUSTIN.
THIS IS KIND OF THE NORMAL CONDITION OF THE NEIGHBORHOOD.
AND THEY CLAIM THAT SIX FOOT FENCE IS A SAFETY HAZARD 'CAUSE THEIR CHILDREN CAN CLIMB OVER IT.
UH, WELL NOW THEY BUILT IT UP TO OVER NINE FEET.
SO NOW IF THEIR CHILDREN CLIMB THE SAME TREE, THEY'VE ACTUALLY EXACERBATED THE HAZARD BECAUSE NOW THEY COULD FALL OFF FROM NINE AND A HALF FEET INSTEAD OF SIX FEET.
SO THAT MAKES NO SENSE TO ME EITHER.
UM, THEY ALSO CLAIMED IN THEIR PACKET THAT THERE WAS A DOG ON MY SIDE OF THE FENCE THAT WAS A SAFETY HAZARD.
MY DOG WAS 12 YEARS OLD AND PASSED AWAY IN JANUARY.
AND, UM, SO THERE IS NO DOG HAZARD ON MY SIDE THAT THEY'RE REPRESENTING.
UM, THEY ALSO CLAIM THE VARIANCE WILL HAVE A POSITIVE EFFECT ON ADJACENT PROPERTIES.
I DO NOT FEEL AS POSITIVE FOR ME TO HAVE TO LOOK AT TWO FENCES.
I HAVE A STANDARD SIX FOOT VERTICAL FENCE CONSISTENT WITH THE NEIGHBORHOOD, AND THEN THEY BUILT A HORIZONTAL FENCE.
SO NOW I HAVE, YOU KNOW, TO LOOK AT DIFFERENT, UH, ORIENTATION OF BOARDS AND I DON'T HAVE A PROBLEM WITH THE ORIENTATION OF THE BOARDS IF THEY WERE AT SIX FEET AS THE CITY CODE AND AS OUR HOA RESTRICTIONS REQUIRE.
UM, IT SHOULD ALSO BE NOTED THAT ALL OF THEIR VISUALS DO NOT INCLUDE MY BACK FENCE.
THERE'S A VERY GOOD REASON FOR THAT BECAUSE IT'S BUILT TO NINE FEET AND SIX INCHES, NOT THE EIGHT FOOT FOUR THAT THEY ARE CLAIMING FOR THEIR, UH, VARIANCE HERE.
AND I DUNNO IF I CAN SHOW SOME PICTURES IF THAT WOULD PLEASE THE BOARD, BUT THAT'S ME STANDING NEXT TO THE FENCE.
YOU CAN SEE I'M FIVE FOOT 10, 5 11 ON A GOOD DAY.
AND, UH, THAT'S 42 INCHES OF HEIGHT DIFFERENCE RIGHT THERE AS MEASURED BY A STANDARD TAKE MEASURE.
SO THAT'S A OVERALL, UH, DEGRADED VIEW FROM MY BACKYARD.
I'M GONNA PAUSE YOU FOR JUST ONE SECOND.
UH, BECAUSE WE HAVE NO WAY TO, UH, SHOW THAT TO OUR VIRTUAL MEMBERS, I DON'T THINK WE CAN ALLOW THAT TO BE ADMITTED.
IS THAT, IS THAT CORRECT? YEAH.
SO UNFORTUNATELY WE CAN'T USE THAT AS PART OF THE BACKUP.
IT'S, I PROMISE YOU IT'S NINE SIX
YOU KNOW, THEY WILLFULLY IGNORE THE RULES.
THEY CAN CONTINUE TO BULLY OUR HOA, THE OTHER NEIGHBORS AND, YOU KNOW, JUST MISREPRESENT INFORMATION TO ALL OF US.
UM, NOW THEY'RE TRYING TO BASICALLY BULLY YOU GUYS INTO A VARIANCE THAT DOESN'T EVEN FIT WITHIN THE, THE CURRENT CODE OF THE CITY OF AUSTIN.
UM, AND I HAVE MY DOUBTS THAT, UH, IF THIS VARIANCE IS A, YOU KNOW, DENY THAT THEY'LL EVEN ADDRESS THE FENCE OPTIONS BACK TO SIX FEET UNLESS ENFORCED BY THE CITY OF AUSTIN.
AND UNFORTUNATELY, THAT'S WHERE WE'RE AT IN THIS PROCESS AND I WISH IT WASN'T THIS WAY.
I YIELD MY TIME TO ANY OTHER OPPOSITION.
IS THERE ANY OTHER OPPOSITION? COME ON UP TO THE PODIUM? NO, NO RUSH.
STATE YOUR NAME FOR THE RECORD.
UM, I LIVE IN THE NEIGHBORHOOD, UH, SO I'VE BEEN WATCHING THIS FENCE GO UP AND I'VE BEEN SURPRISED ABOUT THE WHOLE PROCESS.
UM, I DON'T OBJECT TO THE FENCE, UH, THE STYLE OF THE FENCE, BUT I DO, I AM CONCERNED ABOUT THE FACT THE, THE PRECEDENT THAT IT WOULD SET IN THE WHOLE NEIGHBORHOOD.
UM, AS SHE STATED, UM, OUR WHOLE NEIGHBORHOOD, THERE ARE THREE MAIN STREETS AND THERE'S A CONSIDERABLE SLOPE THAT GOES THROUGH THE WHOLE NEIGHBORHOOD.
AND SO 99% OF THE HOUSES IN THIS NEIGHBORHOOD HAVE A SLOPE ISSUE.
AND SO I'M AFRAID THAT WITH THIS VARIANCE, ANY IT, WHAT WHAT WOULD PREVENT ALL OF THE OTHER HOUSES FROM DOING THE SAME THING AND THAT WE'RE GONNA END UP WITH A NEIGHBORHOOD THAT THEY'RE ALL EIGHT OR NINE FOOT FENCES EVERYWHERE AND THAT'S NOT NEIGHBORLY.
SO I'M JUST CONCERNED ABOUT THE PRECEDENT.
IS THERE ANY OTHER OPPOSITION? SEEING NONE, THE APPLICANT WILL GET A TWO MINUTE REBUTTAL.
ARE YOU SPEAKING IN OPPOSITION OR DO YOU WANNA SPEAK FOR PART OF THE REBUTTAL? I REBUTTAL.
I'LL TRY TO MAKE IT, IT'S UP TO SECONDS.
YOU CAN SPLIT THE TIME IF YOU WANT.
[01:00:02]
UM, FIRSTLY, OUR HOA DID NOT FIRST DENY OUR FENCE.THEY APPROVED OUR FENCE CONTINGENT ON NEIGHBOR APPROVAL.
I JUST WANTED TO CLEAR UP SOME THINGS THAT WERE MENTIONED.
THREE OF FOUR OF OUR NEIGHBORS DID PROVIDE LETTERS OF SUPPORT BESIDES TRAVIS.
UM, OUR GRADE SHOWS SLOPE ON OUR YARD TO SHOW THE AREA OF OUR YARD ON OUR SIDE, TO WHICH A CITY INSPECTOR CAME OUT AND MEASURED OUR FENCE.
GIVEN THE HEIGHTS THAT I PROVIDED FOR THIS, THIS VARIANCE REQUEST, SHE RECOMMENDED THAT WE SUBMIT THE BOA ALONG WITH OUR HOA TO WHICH WE DID, UM, BULLYING OUR NEIGHBORS.
I-I-I-I-I HAVE TO ADDRESS THAT.
I'M SIMPLY STATING FACTS HERE AND REQUESTING, UM, FAIR PROCESS ACROSS ALL NEIGHBORS AND NOT JUST SELECTIVE ENFORCEMENT AND NOT, UH, CONFLICT OF INTEREST BECAUSE OPPOSING OPPOSING NEIGHBORS ARE FRIENDS WITH BOARD MEMBERS ON THE HOA, UM, I ALSO WANNA MENTION THAT OUR DAUGHTER DID CLIMB THE BACK FENCE AND SPOKE TO OUR REAR NEIGHBOR'S BABYSITTER TO FIND OUT THAT THEIR DOG DID PASS AWAY.
I, WE HAVE OTHER ADJOINING NEIGHBORS WITH DOGS THAT I'M REFERRING TO IN MY APPLICATION.
I AM NOT REFERRING TO TRAVIS'S DOG BECAUSE MY DAUGHTER CLIMBED THE FENCE TO SPEAK TO HIS KID'S BABYSITTER ON THE OTHER SIDE TO LEARN THAT PIECE OF INFORMATION.
CAN YOU PLEASE STATE YOUR NAME FOR THE RECORD? YOU'LL HAVE 41 SECONDS.
UH, I JUST WANTED TO SPEAK TO THE, UH, TO THE OPPOSITION THAT, UH, WE WOULD BE SETTING THE PRECEDENTS, BUT THERE'S CURRENTLY A NUMBER OF EIGHT FOOT FENCES IN OUR NEIGHBORHOOD THAT HAVE BEEN APPROVED BY THE HOA AND YOU KNOW, WE'VE BEEN FOLLOWING THE HO A'S DIRECTION COMING HERE AND WE EVEN SUBMITTED A FORMAL REQUEST WITH THE HOA TO PROVIDE US WITH THE HISTORY OF APPROVAL, HISTORY OF EIGHT FOOT FENCES IN, IN, IN GREATER.
AND THAT, THAT, UH, THAT REQUEST HASN'T BEEN MET YET.
TODAY IS ACTUALLY THE FINAL DAY FOR IT AND IT HASN'T BEEN MET.
SO THERE ARE OTHER FENCES IN THE NEIGHBORHOOD.
UH, AS, AS FAR AS OUR SITUATION, I SEE AT FIVE MINUTES THERE IS A, A ADJACENT HOME THAT IS 10 FEET WITHIN OUR SIDE PROPERTY AND THERE'S NO OTHER HOME IN OUR NEIGHBORHOOD THAT HAS THAT.
LET'S CLOSE THE PUBLIC HEARING.
I HAD A QUESTION FOR THE APPLICANT ABOUT THE HOA APPROVAL AND IN THE BACKUP IT SAYS THAT THEY DO NOT APPROVE BASED ON THE, THE NEIGHBOR'S SUPPORT OR LACK THEREOF.
CAN YOU CLARIFY THAT? YEAH, THE HOA SUBMITTED AN INITIAL APPROVAL, UM, AND THEN THIS WAS THEIR, THEIR, THEY RESCINDED THE APPROVAL.
I CAN ALSO PROVIDE THAT, UM, AND EMAIL IT TO WHOEVER I NEED TO EMAIL.
UM, THIS WAS JUST THE FINAL STATEMENT THAT THEY GAVE US THE DIRECTIVE TO END UP HERE TODAY.
BOARD MEMBER BOWEN? OH, UH, YEAH, GO AHEAD.
UH, BOARD MEMBER TONIO, WAS THAT YOU WAVING YOUR HAND OR ITCHING? YEAH, SORRY, I, YEAH, NO, DOUG, GO AHEAD.
I SAW YOU FIRST QUESTION FOR THE APPLICANT.
UM, YEAH, SO, SO THIS IS ACTUALLY MY ZIP CODE.
UM, I'M FAMILIAR WITH HOW THE YARDS ARE.
UM, I'D LIKE THE APPLICANT TO SPEAK A LITTLE BIT MORE TO WHAT Y'ALL CONSIDER TO BE THE HARDSHIP HERE BECAUSE BASED ON THE PICTURES THAT I'M LOOKING AT, YOU KNOW, I'M LOOKING AT ZILLOW, I'M LOOKING AT WHAT YOU SUBMITTED.
I'M JUST, I'M NOT REALLY SEEING THAT THERE'S MUCH DIFFERENT ABOUT YOUR YARD THAN ANYBODY ELSE.
UM, SO IF YOU COULD SPEAK TO THAT HARDSHIP PIECE A LITTLE BIT MORE.
UM, I'M NOT, I'M NOT GETTING THERE RIGHT WHERE, WHERE I'M AT CURRENTLY.
I MEAN, WE HAVE TO BREAK APART THE YARD IN ESSENTIALLY FOUR DIFFERENT SECTIONS BECAUSE WE HAVE FOUR ADJOINING NEIGHBORS.
THE FRONT YARD SPECIFICALLY, WE SHARE A HUNDRED PERCENT OF OUR FRONT PROPERTY LINE WITH OUR ADJACENT NEIGHBOR.
NO OTHER HOUSE IN THE NEIGHBORHOOD EXPERIENCES THAT YOU CAN SEE.
THAT SPACE THAT WE, WE SHARE THAT PARTICULAR FENCE LINE WITH THAT NEIGHBOR WITH IS OVER 15% GRADE.
IF YOU LOOK AT THE, THE IMAGE THAT I SHARED IN MY PRESENTATION, THERE'S A, A SIGNIFICANT SLOPE IN THAT AREA THAT CAUSES US TO HAVE DIRECT VISIBILITY INTO THAT PARTICULAR NEIGHBOR'S YARD, HIS COMPLETE YARD, UM, AND HIS LIVING ROOM SPACES.
THE SECOND NEIGHBOR ON THE CORNER, UM, AND I'M SPEAKING ABOUT NEIGHBORS THAT ARE IN APPROVAL OF THIS FENCE BECAUSE THEY TOO AGREE THAT OUR FINISHED FLOOR ELEVATION BEING AT 48 INCHES ABOVE THE GROUND IN ADDITION TO THE NATURAL GRADE OF THE SLOPE IS WHAT CREATES THE HARDSHIP BECAUSE OF THE LACK OF PRIVACY AND THE DIRECT SIGHT LINES THAT WE HAVE INTO THEIR HOMES AND YARDS.
UM, OUR CORNER NEIGHBOR IN THE BACK, THEIR SETBACK IS ABOUT 10 FEET FROM OUR FENCE LINE.
UM, HE SAID HIMSELF THAT WHEN HE'S COOKING IN THE KITCHEN AND HE LOOKS UP, HE CAN SEE US EATING AT, AT OUR DINNER TABLE.
SO HE, HE HAS TOLD US POST BUILD THAT HE APPRECIATE THAT PARTICULAR SECTION OF THE FENCE BEING HIGHER BECAUSE IT PROVIDES US BOTH THE PRIVACY THAT,
[01:05:01]
THAT, YOU KNOW, WE SHOULD RIGHTFULLY HAVE IN OUR OWN HOMES.UM, AND THEN IN THE BACKYARD, THE BIGGEST CONCERN IN THE, IN THE REAR ADJACENT YARD, UH, FENCE LINE IS THE TWO TREES.
THAT WOULD BE THE HARDSHIP FOR THAT PARTICULAR ONE BECAUSE WE HAVE SPECIFIC INSTANCES WHERE OUR KIDS KIDS HAVE CLIMBED THOSE TREES.
AND THEN OUR NEIGHBOR'S FENCE, THE WAY THAT HE HAS IT BUILT IS VERTICAL PICKETS WITH HORIZONTAL PICKETS ON THE BACK, WHICH THEY'VE USED AS A LADDER TO CLIMB ON THE CAPPED PORTION OF THE FENCE.
UH, HAVING THAT CAPPED PORTION ALLOWS FOR A SEATING AREA.
GIVEN THAT WE HAVE THREE KIDS UNDER SEVEN YEARS OLD, OUR TEENAGERS ARE THE ONES, YOU KNOW, THE ORIGINAL ONES TO START CLIMBING THESE FENCES.
THEY HAVE SINCE MODELED THAT BEHAVIOR AND WE'VE HAD TO DETER THEM FROM DOING THAT WITH OUR ADDED FENCE.
IT HAS PREVENTED THEM TO, THERE'S NO CAP TOP.
THEY CAN'T PHYSICALLY CLIMB THE, THE HORIZONTAL PICKETS BECAUSE THEY'RE NOT SPREAD APART IN A WAY THAT THEY CAN USE AS A LADDER.
UM, AND THEN OUR OTHER REAR NEIGHBOR, I'M SORRY, NOT REAR, OUR OTHER SIDE NEIGHBOR, UH, IS ON THE UPWARD SLOPE.
SO HE LOOKS DIRECTLY DOWN ON US.
UM, ALL OF US HAVE VISION INTO OUR LIVING SPACES AND THREE OF THE FOUR, LIKE I MENTIONED, ARE IN SUPPORT OF THIS BECAUSE WE ALL, WE ALL AGREE THAT JUST THE EXTRA TWO FEET, WHICH IS THE MINIMUM DEVIATION, UH, ALLOWED IS, IS MUTUALLY BENEFICIAL.
SO IS THE FENCE, SORRY, IS THE FENCE AROUND YOUR ENTIRE PROPERTY THEN? CORRECT.
WE HAVE A, IT'S, WE RE WE REDID THE FENCE IN PORTIONS.
WE ACTUALLY DIDN'T HAVE A REAR FENCE FOR OVER A YEAR AT THIS POINT.
WE TOOK IT DOWN AFTER THE FREEZE AND IT EXPERIENCED DAMAGE, UH, BECAUSE IT WAS REALLY OLD.
UM, SO WE'VE ACTUALLY BEEN USING OUR REAR, UH, NEIGHBOR'S FENCE FOR SOME TIME.
UM, BUT THE FENCE HEIGHT THAT I HAVE REQUESTED UP TO EIGHT FOUR, UM, IS NOT EIGHT FOUR ON ALL OF THE SIDES.
IT'S EIGHT FOUR IN PARTICULAR AREAS.
BUT AS, AS I SHARED IN THE ADVANCED PACKET, UM, YOU CAN SEE THAT THERE'S DIFFERENT FENCE HEIGHTS THAT ARE AS LOW AS SIX FEET, 10 INCHES IN SOME AREAS DEPENDING ON GIVEN SLOPE AND THINGS LIKE THAT.
AND UM, THEN JUST ANOTHER QUICK FOLLOW UP QUESTION.
YOU HAD MENTIONED THAT YOU FEEL THE HARDSHIP FOR THE REAR, THE REAR PORTION OF THE FENCE IS THE CLIMB ABILITY, UM, AND YOU KNOW, NOT HAS SAFETY HAZARD FOR YOUR KIDS.
UM, BUT IT SOUNDS LIKE THAT'S BEEN ADDRESSED LARGELY IN THE DESIGN WITH THE VERTICAL PANELS, NOT SO MUCH THE HEIGHT.
IS THAT TRUE OR AM I MISSING SOMETHING? WELL, IF IT'S, IF IT MATCHES THE FENCE ON THE BACKSIDE, OUR NEIGHBOR'S FENCE, HIS FENCE IS CAPPED SO IT ALLOWS FOR A SEATING AREA.
SO IT'S BASICALLY A TWO BY FOUR SET ON THE HORIZONTALLY TO WHERE IT CREATES A SHELF FOR THEM TO SIT ON.
UM, THAT IS THE MAIN CONCERN WITH THE REAR FENCE.
THERE'S OBVIOUS PRIVACY ISSUES AND HARDSHIP ISSUES AS WELL AS LIGHT TRESPASS.
JUST ON FRIDAY EVENING AT 1:00 AM WE WOKE UP TO HIS EDISON STRING BULB LIGHTS BEING ON UNTIL 1:00 AM WHICH COMPLETELY ILLUMINATED OUR ENTIRE BEDROOM SINCE OUR BEDROOM HAS THREE WINDOWS IN THE BACK OF OUR HOUSE.
UM, SO IT HAS GREATLY DECREASED THE LIGHT TRESPASS THAT WE EXPERIENCED PRIOR.
SO YOU'RE SAYING THAT THE, THE ENTIRE FENCE ACTUALLY BLOCKS ALL OF THAT LIGHT? IT REDUCES IT GREATLY.
IT DOES NOT SOLVE THE PROBLEM, BUT WE'RE NOT GOING TO START BUILDING TO MATCH HIS EDISON STRING BULB LIGHTS.
IT'S, THAT WOULD CREATE A 16 FOOT FENCE TO COVER ALL OF THAT LIGHT.
BUT IT, PRIOR TO THAT IT, I HAVE PICTURES, BUT IT JUST HAPPENED.
SO I HAVE DOCUMENTATION POST DEADLINE, BUT UM, IT HAS GREATLY REDUCED THE LIGHT TRESPASS REALLY ON ALL SIDES.
BUT IF WE'RE TALKING DIRECTLY ABOUT THE REAR FENCE LINE, THAT IS ANOTHER PIECE OF IT AS WELL.
THANK YOU FOR THOSE ADDITIONAL DETAILS.
BOARD MEMBER BOWEN, UH, THANKS FOR COMING HERE TONIGHT.
ONE, AND YOU JUST ADDRESSED IT WAS THE LIGHT.
SO I TAKE IT THAT THERE'S NO BLINDS ON THE WINDOWS.
WE DO HAVE BLINDS ON THE WINDOWS.
WE HAVE PICTURES OF THE BLINDS CLOSED AND THE LIGHT STILL ILLUMINATING OUR BEDROOM.
WELL, 'CAUSE I WAS LOOKING AT THE ORIGINAL, UH, YOUR ORIGINAL PACKAGE AND WAS LOOKING AT SOME OF THOSE TYPE OF THINGS.
SO, UM, SO AT WHAT POINT DID ANYBODY, OR DID YOU LOOK AT WHAT THE ACTUAL CITY, UM, FENCE REGULATION IS? THAT SAYS THAT THE MAXIMUM GRADE, UM, MAXIMUM HEIGHT IS SEVEN FEET.
'CAUSE THAT'S IN THE, THAT'S ACTUALLY IN THE CODE.
RIGHT? SO WHEN WE MET WITH THE CITY, WE MADE AN APPOINTMENT AS SOON AS WE FOUND OUT ABOUT CITY CODE AND HOA, ALL OF THE THINGS.
UH, THIS WAS IN MAY, WE CALLED THE CITY, MADE AN APPOINTMENT, WE SPOKE TO THE CODE INSPECTOR THAT CAME OUT.
UM, AND THEY RECOMMENDED THAT WE GET A BOARD OF ADJUSTMENT BASED
[01:10:01]
ON, WE ARE KIND OF EXPLAINING THE REASONING WHY.UM, AND HE MENTIONED THAT THERE ARE AREAS IN OUR YARD THAT WOULD VALIDATE A SEVEN FOOT FENCE GIVEN OUR TREES AND OUR, THE STEP DOWN THE GRADE BEING GREATER THAN A FOOT OR WHATEVER THE CODE MENTIONS THERE.
UM, BUT FOR AN EIGHT, EIGHT FOOT FENCE, HE RECOMMENDED US TO GO TO THE BOARD OF ADJUSTMENT.
SO DID Y'ALL EVER CONSIDER A STEP TYPE FENCE TO FOLLOW THE GRADE TO WHERE IT MET THE ELEVATION AT THE GRADE VERSUS JUST MAKING SURE THAT IT'S STEPS YOU HAD ONE TOP ALL THE WAY ACROSS IT IS STEPPED, IF WE ACTUALLY FOLLOWED THE BOTTOM, THE, THE BOTTOM PART OF OUR GRADE, IF WE MET, IF WE HAD SIX FEET DOWN HERE AND IT WENT ALL THE WAY ACROSS THE TOP WOULD BE FOUR FEET, 10 INCHES.
THE TOP OF IT BEING THAT YOU COULD STEP IT UP AND KEEP THE SAME OVERALL HEIGHT AS IT FOLLOWS THE CONTOUR SO THAT YOU HAD SEVEN FEET AT THE BACK ABOVE GRADE AND IT, IT CONTOURS AND HAVING THAT STEP, LIKE, UH, IT SHOWS RIGHT IN ONE OF THE, IN ONE OF THE, WHERE THE CONTRACTOR SHOWED YOU THE DIFFERENT STYLES OF FENCES MM-HMM
THAT'S IN YOUR, IN YOUR APPLICATION PACKAGE.
UH, BECAUSE THAT, THAT THERE WOULD'VE AT LEAST PROVIDED YOU WITH A, FOLLOWING THE TERRAIN AND ALSO BEING ABLE TO, UH, YOU KNOW, KEEP THAT, GET THAT HEIGHT THAT YOU WANT BECAUSE, UH, IF IT'S NINE FOOT SIX BASED UPON THE PICTURE THAT WE SAW UP ON THE SCREEN.
I, I SAW A PICTURE ON THE SCREEN THAT WAS PROVIDED, UH, THROUGH OUR AUDIO, OUR VISUAL PEOPLE THERE.
AND THAT FENCE IS WELL OVER EIGHT FOOT TALL.
SO I'M, I'M ACTUALLY IN THE CONSTRUCTION BUSINESS AND UNDERSTAND THESE TYPE OF THINGS.
SO IT WAS ALSO PART OF THE LAST, UH, FENCING, UH, BEING INVOLVED WITH THE LAST, UH, CHANGES TO THE FENCE CODES HERE.
SO I'M, I'M HAVING A, I'M ACTUALLY HAVING A REAL HARD PROBLEM WITH THIS BASED UPON, UM, IT ALSO STATES.
AND SO HOPEFULLY I WOULD ASSUME THAT THE CODE PERSON WOULD'VE POINTED YOU IN THE DIRECTION OF, OF THOSE CODES.
SO DID, WAS THE FENCE BUILT AFTER TALKING TO AUSTIN CODE? NO.
SO YOU BUILT THE FENCE PRIOR TO TALKING WITH THE CODE PERSON THAT CAME OUT, RIGHT, BECAUSE WE DID NOT KNOW ABOUT CODE THE CITY AUSTIN CODE BEFORE BUILDING THE FENCE.
WE WENT BASED ON OUR DISCUSSIONS WITH NEIGHBORS THAT HAVE OTHER EIGHT FOOT FENCES IN THE NEIGHBORHOOD.
THIS IS OUR FIRST FENCE BUILD.
THIS IS, YEAH, BUT I, YEAH, I, UM, BUT SO, SO THE MEASUREMENT ON OUR SIDE IS EIGHT ONE AND IT, IT'S EIGHT THREE IN THE MIDDLE AND THEN IT'S SEVEN 10 CONTEXT ONLY IF YOU HAVE A QUESTION REGARDING THE FENCE, I OH, PLEASE DO YOU HAVE, IF YOU WANT TO HEAR IT.
WELL NOW I'M REALLY CONFUSED BECAUSE IF YOU FOLLOW THE CONTOUR OF THE GROUND AND YOU BUILD UP FROM THAT POINT, YOU STOP AT SEVEN FEET AS PER WHATEVER THIS IS.
YOU'RE AT EIGHT FOOT FOUR, WHICH IS OVER, WHICH IS OVER THE REFERENCE POINT IN WHICH IT TALKS ABOUT IN HERE IN WHICH, BECAUSE I'VE ALREADY, I'VE ALREADY HAD NEIGHBORS IN MY OWN NEIGHBORHOOD BEEN TOLD BY CODE THAT THEY HAD TO TAKE AN EIGHT FOOT FENCE DOWN AND CUT IT DOWN.
AND YET I'M GETTING, I'M GETTING CONFLICTING THINGS NOW FROM CODE NOT FOLLOWING THEIR OWN CODE.
SO THE FACT THAT IT, IF A, WELL, OKAY, YOU, YOU'VE ANSWERED MY QUESTION.
I'M GONNA ELIMINATE SOME OF THIS CONFUSION.
FIRST OF ALL, THE HARDSHIP, IT DOESN'T GET US THERE BECAUSE YOU CANNOT USE THE CURRENT ZONING AS A HARDSHIP.
UH, WE HAVE PASSED, UH, FENCE HEIGHTS FOR HEALTH AND SAFETY REASONS IF THERE'S A SWIMMING POOL, ELECTRIC TRANSFORMER, ELECTRIC POLES.
BUT, UM, HAVING MY OWN KIDS CLIMB ON THE FENCE IS NOT A HEALTH AND SAFETY ISSUE THAT JUSTIFIES SUCH A LARGE FENCE.
IT'S MY RESPONSIBILITY AS A PARENT TO KEEP MY KIDS OFF THE FENCE.
AND I KNOW I'VE BEEN IN THAT POSITION BEFORE, OR THANK GOD THEY'RE CLIMBING TREES.
THAT'S A HEALTHY THING TO DO, BUT IT'S NOT, UH, THAT IS NOT, UH, A HARDSHIP.
UM, I ALSO HAVE AN ISSUE WITH THE FACT THAT THE FENCE IS ALREADY BUILT AND WE'RE COMING HERE INSTEAD OF ASKING FOR FORGIVENESS INSTEAD OF ASKING FOR PERMISSION.
I'M GONNA LET THAT ASIDE THOUGH.
THE MAIN THING IS, IS HISTORICALLY
[01:15:01]
ALL THE YEARS I'VE BEEN UP HERE, WE HAVE PASSED, UH, FENCE HEIGHTS FOR SEVEN FEET OR WHATEVER CONTINGENT UPON A TOPOGRAPHY.AND WHAT I SEE IN THERE, BASED ON SHEET THREE OR FIVE, THERE'S A TWO FOOT SLOPE.
IT'S THE 48 INCH FOUNDATION THAT BUILT THAT IS REALLY CREATING THE PROBLEM OF THE HOUSE AND THE LACK OF PRIVACY.
UH, WE HAVE GRANTED THEM IN THE PAST WHEN THEY'VE HAD ALL PEOPLE AROUND THEM, ALL THEIR NEIGHBORS SIGN OFF ON IT AND THEIR HOMEOWNERS ASSOCIATION OR THE NEIGHBORHOOD ASSOCIATION DEPENDING ON WHERE IT'S AT, WE HAVE NONE OF THAT HERE.
AND, UH, BASED ON THAT, UH, I MEAN NOW WHAT THEY CAN DO BASED ON G IS A SOLID FENCE, MAY BE CONSTRUCTED TO A MAXIMUM EIGHT FEET IN HEIGHT IF THE FENCE IS LOCATED ON OR WITHIN THE BUILDING SETBACK LINES.
SO THEY DO HAVE THE OPPORTUNITY TO GO WITH EIGHT FEET, BUT THEY'RE GONNA HAVE TO BRING IT IN ONTO THEIR PROPERTY ON WITHIN BUILDING SETBACK LINES.
I'M GONNA MAKE A MOTION TO DENY 'CAUSE I JUST CAN'T GET THERE.
AND I JUST GOT, I, AGAIN, IT GOES BACK TO THAT OTHER THING.
ALSO, THE SPIRIT OF THE ORDINANCE.
I DON'T KNOW IF I HAVE THOSE VOTES OR IF SOMEBODY WANTS TO DO SOMETHING ELSE BUT THIS FENCE IS IT, I'M SORRY, I JUST CAN'T, I CAN'T GET THERE ON THIS ONE.
BEFORE ANYONE THROWS A SECOND OUT THERE, IF I COULD JUST GET A COUPLE QUESTIONS IN.
UH, SO I HAVE A QUESTION FOR THE OPPOSITION.
IF I COULD GET YOU TO JUST STEP ASIDE FOR ME A SECOND PLEASE.
NOW, MADAM CHAIR, ALSO WHAT THEY CAN DO, IT JUST DAWNED ON ME, WHAT WE HAVE DONE IN THE PAST IS IT'S OKAY FOR THEM TO BRING THAT FENCE BACK DOWN TO SIX FEET.
THEY CAN DO A TWO FOOT LATTICE SECTION, BUT IT HAS TO BE LATTICE BECAUSE THERE'S CERTAIN CRITERIA TO GOING TO ALSO SUGGEST THAT
BECAUSE I MEAN, I UNDERSTAND THE COST OF IT ALL AND I UNDERSTAND WHERE THEY'RE COMING FROM.
I, I SYMPATHIZE OR REMEMBER, BUT ALSO I ALSO UNDERSTAND WHERE THE NEIGHBOR IS COMING FROM AND, AND FOR THE OTHER, UH, PERSON THAT WAS CONCERNED ABOUT PRECEDENT, OUR CASES ARE BASED UPON SINGLE PROPERTIES.
SO WE DON'T, IF WE PASS THIS OR DENY IT, IT HAS NO IMPACT ON ANY OTHER PROPERTY WITHIN THE CITY OF AUSTIN.
IT'S STILL CONSIDERED A SOLID FENCE.
THEY'D HAVE TO HAVE AN AN OPEN RATIO OF TWO TO FOUR.
FOR IT TO BE CONSIDERED ORNAMENTAL.
SO IF THEY DON'T HAVE THAT, YEAH.
BUT IT HAS TO BE NO, I KNOW THEY DON'T HAVE THAT NOW.
WELL, EVEN WITH THE LATTICE, IT'S STILL CONSIDERED A SOLID FENCE BECAUSE THE REST OF IT'S NOT, THE TRIANGLES ARE TOO SMALL.
AND NOT ONLY THAT, THE, UM, THE REST OF THE FENCE IS GONNA BE SOLID, SO IT HAS TO BE FROM GRAY.
OKAY, WELL THAT'S WHERE I'M AT.
WE GOT AWAY WITH IT FOR SEVERAL YEARS, BUT I GUESS NOT.
SO WHICH SIDE YOU'RE ON THE, THE, THE SOUTHERN SIDE.
THE REAR SIDE OF THEIR APARTMENT.
AND THE HAZARD, THAT WAS THE SUPPOSED HAZARD THAT WAS SUPPOSED TO BE IN YOUR YARD WAS THE DOG? YES.
THAT DIED IN JANUARY AND WASN'T A HAZARD ANYWAYS.
UM, AND THE, ARE THERE TREES ON YOUR SIDE? THEY'RE ON THEIR SIDE OF THE FENCE.
NO, BUT THE BUT THE FENCE WHERE THAT'S AT IS THE PROPERTY LINE THAT Y'ALL SHARE, RIGHT? YES.
THE PROPERTY LINE WE SHARE, THEY HAVE TWO TREES ON THEIR SIDE OF THE FENCE THAT EXTEND ACROSS THE FENCE OVER TO MY PROPERTY.
I'M, AND I NOTED THAT OUR HOA PRESIDENT WAS SUPPOSED TO CALL IN LES MOORE.
I'M, I'M, I'M STRUGGLING TO GET PAST F BECAUSE NONE OF THIS REALLY APPLIES.
IF EVERY, EVERY UH, OWNER PROPERTY THAT ADJOINS A SECTION OF THE FENCE DOESN'T GIVE WRITTEN CONSENT.
SO, UH, UH, VICE CHAIR YOU HAVE A QUESTION? UH, I HAD A COUPLE OF THINGS.
UH, I ACTUALLY WAS GONNA SECOND, UH, BOARD MEMBER VAN OLINS MOTION.
UM, I ACTUALLY, I KNOW LIVE IN A HOUSE AND MY NEIGHBOR BUILT UP THEIR PROPERTY ABOUT EIGHT FEET IN THEIR POOL WITH ALL THEIR CHILDREN.
ACTUALLY VIEWS DIRECTLY INTO MY HOUSE IN MY LIVING ROOM, MY DINING ROOM TOO.
YOU KNOW WHAT I DID? I PUT UP 3M FILM, IT REFLECTS BACK TO THEM SO THEY CAN SEE THEMSELVES AND THE TREES AND EVERYTHING.
SO, AND I ALSO HAVE THESE THINGS CALLED BLINDS.
UH, SO, UH, I, I, I SYMPATHIZE, BUT I DON'T SEE A HARDSHIP HERE.
[01:20:01]
UP, WHICH IS NOT QUITE CHARACTERISTIC, AND THAT SEEMS TO BE A TREND IN BUILDING CONSTRUCTION OF LATE WHERE, UH, INSTEAD OF HONORING THE SLOPE, YOU JUST BUILD IT UP, UH, SO THAT IT'S, UH, HIGH IN THE AIR.AND, AND THAT'S, THAT TWO FEET IS, IS THAT LIFTING RIGHT THERE? SO, UH, I WILL SECOND, UH, YOUR MOTION BOARD MEMBER LIN, ANY OTHER QUESTIONS? OKAY.
WE DO HAVE A MOTION TO DENY MADE BY BOARD MEMBER VAN OLIN, SECONDED BY VICE CHAIR HAWTHORNE.
IF THERE'S NO OTHER DISCUSSION, I'M GOING TO, SORRY, I HAVE A, I HAVE A, NO, I'M SORRY.
NO, THERE ARE NO MORE QUESTIONS.
WE DO HAVE WRITTEN, WRITTEN CONSENT FROM OUR NEIGHBORS THERE, SO IF THERE IS DOCUMENT, NO MORE QUESTIONS.
UH, WE'LL GO AHEAD AND CALL THE BOAT.
UM, THE, I THINK, UH, BOARD MEMBER VON OLIN, SOMEONE WAS READING OUT LOUD, UH, THE CODE THAT WE, YOU NEED ALL ADJACENT THAT'S YEAH.
ALL ADJACENT NEIGHBORS TO AGREE.
SO IT, IT CANNOT BE, YOU KNOW, IF ONE NEIGHBOR AGREES, THEN THAT SIDE GOES UP HIGHER.
JUST WANNA MAKE SURE I UNDERSTAND.
UH, I DON'T THINK WE'VE EVER DONE IT THAT WAY BEFORE.
UH, LIKE IT SPECIFICALLY SAYS BECAUSE THEN IT IMPACTS THE AREA OF CHARACTER.
IT MAY BE CONSTRUCTED OF EIGHT FEET IF EACH OWNER OF PROPERTY THAT ADJOINS A SECTION OF THE FENCE.
IT WOULD HAVE TO BE, I READ THAT AS ALL.
AGAIN, THIS IS A MOTION YOU DENY MADE BY BOARD MEMBER V OLAND, SECONDED BY VICE CHAIR HAWTHORN TOMMY YATES.
YOUR VARIANCE IS DENIED, BUT I WILL TELL Y'ALL YOU DO HAVE ATTENDEES TO FILE FOR RECONSIDERATION IF YOU HAVE NEW EVIDENCE.
SO IF YOU MAKE ANY CHANGES TO THE FENCE OR MAYBE IF YOU CAN WORK OUT A DEAL WITH YOUR NEIGHBOR TO MAKE SOME CHANGES, YOU CAN, CAN APPLY FOR RECONSIDERATION WITH THE LAND TOMORROW.
[4. Discussion of the May 12, 2025, Board of Adjustment activity report On-Line Link: ITEM04 May 12, 2025-MONTHLY REPORT]
WILL BE THE DISCUSSION OF THE MAY 12TH, 2025 BOARD OF ADJUSTMENT ACTIVITY.ANY DISCUSSION? GREAT JOB MAG.
OKAY, AND ANY FUTURE AGENDA ITEMS? I
THE TIME IS 7:16 PM I HEREBY CALL THIS MEETING ADJOURNED.