* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] TIME [CALL TO ORDER] IS 5:39 PM ON AUGUST 11TH, 2025. I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER. WE HAVE A QUORUM, ALTHOUGH NOT A FULL ONE. LET'S GO AHEAD AND CALL THE ROLE. JESSICA COHEN. I'M YOUR CHAIR. I'M HERE. MELISSA HAWTHORNE, VICE CHAIR JEFFREY BOWEN. PRESENT. BIANCA'S OFFLINE. YOUNG JEW. KIM. PRESENT BRIAN POT. HERE. SAMUEL BARING. BIANCA. BIANCA MEDINA LEAL. HERE. MAGGIE. STAN. MICHAEL VON OLAN HERE. AND WHO AM I MISSING? TOMMY AES. AH, TOMMY AES HERE. SO I GET FOR JUMPING AROUND WHO SENT ME AND CORY ARCHER, UH, ALTERNATE CO. COREY ARCHER RIGHT HERE. HAVE WE MET? WE'VE MET ONCE. YES. I SEE THE AMOUNT RIGHT HERE. YOU SAID MAGGIE'S JOINING? YES. OKAY. THAT'S 1, 2, 3, 5, 6, 7, 8, 9. OKAY. JUST A FEW QUICK NOTES. FOR THOSE OF Y'ALL IN THE GALLERY, PLEASE TURN OFF YOUR CELL PHONES OR PUT THEM ON VIBRATE. UM, AFTER THE CASE IS OVER, PLEASE TAKE YOUR DISCUSSION OUTSIDE THE LOBBYING. IF YOU HAVE ANY QUESTIONS, YOU CAN CALL OR EMAIL THE BOARD LIAISON TOMORROW. WHEN YOU ARE ADDRESSING THE BOARD, PLEASE SPEAK DIRECTLY TO THE BOARD. DO NOT SPEAK TO ANY OF THE OPPOSITION OR IN FAVOR. DON'T SPEAK TO EACH OTHER. UH, I DON'T THINK WE'RE GONNA NEED A BREAK TONIGHT. UH, PARKING TICKET. SO WHEN YOU CAME INTO THE PARKING GARAGE, IF YOU PARK IN THE PARKING GARAGE, YOU GOT A LITTLE QR CODE TICKET OVER HERE BY WHERE YOU WALKED IN ARE SOME SMALL QR CODES. WHEN YOU LEAVE, YOU'LL SCAN YOUR TICKET THAT YOU TOOK WHEN YOU CAME IN, AND YOU'LL SCAN THAT LITTLE QR CODE OVER THERE AND THAT'LL VALIDATE YOUR PARKING TICKET. OKAY. IF YOU'RE GOING TO BE GIVING TESTIMONY TO THE BOARD TONIGHT, I NEED YOU TO PLEASE STAND AND GIVE YOUR OATH OF TESTIMONY. QUESTION BEING PRESENTER. IS THAT TESTIMONY? YES. ANYONE WHO'S GOING TO BE SPEAKING TO THE BOARD FAVOR, OPPOSITION APPLICANT. JUST STAND. AND DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? THANK YOU VERY MUCH. OKAY. MOVING ON TO PUBLIC COMMUNICATION. ANYONE SIGNED UP FOR PUBLIC COMMUNICATION? DOES NOT LOOK LIKE IT. NO, MA'AM. OKAY. SO WE'LL MOVE ON TO ITEM [APPROVAL OF MINUTES] ONE, APPROVAL OF THE MINUTES OF THE BOARD OF ADJUSTMENT FROM JULY 14TH, 2025. MOTION TO APPROVE. SECOND. WHO IS THE SECOND? OKAY, COURTNEY. SO I HAVE A MOTION TO APPROVE MADE BY VICE CHAIR HAWTHORNE AND A SECOND BY COREY ARCHER. ANY DISCUSSION? OKAY, LET'S CALL THE VOTE. TOMMY YATES. YES. JEFFREY BOWEN. YES. JESSICA COHEN. I WAS NOT HERE LAST MONTH, BUT I DID WATCH THE VIDEO. SO I AM COMFORTABLE VOTING. YES. MELISSA HAWTHORN. YES. YOUNG J KIM? YES. BIANCA MEDINA. AL? YES. MICHAEL VANOLIN? YES. BRIAN PETIT. YES. AND CORY ARCHER? YES. OKAY, LET'S POST APPROVED. OKAY. 1, 2, 3, 4, 5, 6, 7, 8, 9. STILL NO. MAGGIE, HAVE WE HEARD FROM BOARD MEMBER ANI? SHE'S STATING THAT SHE'S STILL GETTING A MESSAGE THAT THE MEETING CAN'T START, SO SHE'S NOT GONNA BE ABLE TO JOIN. OKAY. SO [00:05:04] FOR APPLICANTS TONIGHT, FOR ITEMS TWO, THREE, AND FOUR, BECAUSE THERE ARE ONLY NINE BOARD MEMBERS, I'M GOING TO GIVE THE OPTION TO TAKE A POSTPONEMENT WITHOUT IT GOING AGAINST YOU IN ANY WAY. UH, THE REASON I OFFER THAT IS BECAUSE THIS BOARD REQUIRES A SUPER MAJORITY TO PASS ANY VOTES. SO THAT'S NINE OUT OF 11 MEMBERS. THERE ARE ONLY NINE OF US HERE. SO IF ONE PERSON IS HAVING A BAD DAY, THAT MEANS YOU DON'T GET YOUR VARIANCE AND YOU HAVE TO WAIT A WHOLE NOTHER YEAR BEFORE YOU CAN APPLY AGAIN. YOU CAN'T COME BACK IN 10 DAYS FOR RECONSIDERATION, BUT IT, IT'S UP TO YOU WHETHER YOU WANNA TAKE THAT RISK OR NOT. SO IS THERE ANYONE WHO WOULD LIKE A POSTPONEMENT ON THEIR CASE? OKAY, LET'S GET STARTED WITH NINE. THINK BOARD MEMBER EIGHT HAD A QUESTION. I'M SORRY. I THINK BOARD MEMBER EIGHT HAD A QUESTION. UH, YES. BOARD MEMBER EIGHT. GO AHEAD. UH, YES. I WAS JUST WANTED TO SAY I GOT THE SAME, UH, MESSAGE THAT, UH, ANI DID, AND I HAVE WEBEX ON MY PHONE, SO I JUST SWITCHED, UH, UH, PLATFORMS AND I WAS ABLE TO GET ACCESS. INTERESTINGLY, THAT IS THE PROBLEM I HAD WHEN I WAS IN AND I SWITCHED MY PHONE AND I WAS ABLE TO CONNECT. SO I'M ON MY PHONE AS WELL. I GOT A, THE SAME MESSAGES. OH, TECH SAVVY MAN. YOU GUYS ARE CRAFTY. I'M TELLING YOU. I GOT MY HATS OFF TO YOU. GOOD. I JUST GOT IN THE CAR AND CAME OVER ONE OF THESE DAYS. I'M GONNA SEE TOMMY IN PERSON. I DON'T THINK I'VE EVER ACTUALLY MET TOMMY. LET'S GET STARTED WITH ITEM TWO C 15, 20, 25 0 0 2 5. I, I'M NOT SURE WE'RE NOT SUPPOSED TO SPEAK. I DUNNO IF HE'S ABLE TO LOG IN OR I WE'RE COMING. OKAY. I TELL YOU WHAT, WHY DON'T YOU COME UP TO THE MIC REAL QUICK AND TELL ME YOUR NAME FOR THE RECORD. YES, I'M TOM. PRESS THE BUTTON. I I'M TOM DAVIS AND I DON'T KNOW IF OUR CONSULTANT'S TRYING TO LOG IN OR WHAT, UM, BUT IF, IF, UH, HE'S NOT ABLE TO JOIN BECAUSE OF TECHNICAL DIFFICULTIES, I THINK WE WENT TO POSTPONE. OKAY. HIS NAME IS JOHN AND IT'S FOR TWO PROPERTY JOHNSON. JOHN, YOU GOT HIM LINE. OKAY. SUPER. ALL RIGHT. SO FIRST CASE WILL BE [2. C15-2025-0025 George McQueen 506 Terrace Drive ] ITEM TWO C 15 20 25 0 0 2 5. GEORGE MCQUEEN 5 0 6 TERRACE DRIVE. YOU COULD, UH, COME UP TO THE, NOT PODIUM, THE DESKS. AND PICK, PICK A SEAT. ANY SEAT. PICK, PICK A SEAT. ANY SEAT? UH, PUSH A BUTTON. TELL US YOUR NAME FOR THE RECORD AND, OH. ALL RIGHT. HERE I AM. GOOD EVENING. MY NAME IS GEORGE MCQUEEN. MY ADDRESS IS 5 0 6 TERRACE DRIVE. UM, HANG ON ONE SEC. DO WE HAVE A PRESENTATION? I DO HAVE A PRESENTATION. I DON'T KNOW IF, UM, THERE IT IS. OKAY. AND WHEN YOU'RE READY, JUST TELL HIM NEXT SLIDE AND HE'LL ANSWER THE NEXT SLIDE. YEAH, THIS IS THE COVER SLIDE. I'LL, I'LL JUST DO A BRIEF. HELLO. UM, FIRST, UH, THANK YOU, UM, FOR BEING HERE. UM, REGARDLESS OF THE OUTCOME, I APPRECIATE THIS IS WHAT YOU GUYS DO. UM, SO, UH, I'M, UM, IN A LITTLE BIT OF A, UH, SITUATION WITH THIS, UM, BACK GARAGE. UM, UH, SEE, YOU CAN SEE, WELL, NEXT SLIDE PLEASE. UM, IT'S BEEN THERE FOR 90 PLUS YEARS, UM, I GUESS TECHNICALLY 95 YEARS. AND, UM, FULL DISCLOSURE, MAYBE A BIT OF A CONFESSION. I'M A BUILDER, SO I, IN MY SPARE TIME, I'VE BEEN REPAIRING THIS GARAGE. UM, I DID GET A PERMIT LAST YEAR FOR REPLACING THE, UH, SIDING AND THE, UM, THE ROOF. UM, IT CLEAR, UM, MY ADDRESS IS IN A LOCAL HISTORIC DISTRICT. NO, ACTUALLY IT'S NOT. IT'S AN NATIONAL REGISTER HISTORIC DISTRICT. SO WE HAD, UM, HISTORIC PRESERVATION OFFICE, UH, APPROVED THIS AS WELL. SO, UM, NEXT SLIDE, PLEASE. UM, I GUESS THIS IS A LITTLE BIT OF A HISTORICAL CONTEXT. UM, THE GARAGE SHOWED UP IN THE 1935 SANDBAR MAP. IT WAS FIVE YEARS OLD THEN, UH, NEXT SLIDE PLEASE. UM, UH, SAYS IT WAS BUILT IN 1930. UM, NEXT SLIDE, PLEASE. UM, AND THIS IS A LAYOUT OF MY PROPERTY OR THE, THE PROPERTY. UH, YOU CAN SEE THAT THE GARAGE AND THE CARPORT ARE IN THE SETBACK. UM, THE FIVE FOOT SETBACK, AND THEY ALWAYS HAVE [00:10:01] BEEN. UM, SO, UH, I'VE LEARNED THAT THE CARPORT DIDN'T HAVE A, THE CARPORT. UM, THE NEXT SLIDE PLEASE. OH, AND THEN WE HAVE TREES, UM, KIND OF BIG HERITAGE OAK TREES THAT ARE KIND OF STRADDLING THOSE AREAS. UM, NEXT SLIDE PLEASE. SO, UH, THIS SHOWS THE CANOPY OF THE TREES. UM, THE, THE, THE, THE LIGHT BLUE OUTLINE IS THE CARPORT AND THE GARAGE COMBINED. UM, NEXT SLIDE PLEASE. UH, SO, UM, IN REPAIRING THE, THE, UM, THE GARAGE, I'VE, I'VE DONE IT IN SITU THE SAME, UH, THE SAME LOCATION. UM, I DID UPGRADE THE MATERIALS FROM, UM, BOARD AND BATTEN TO, UM, UM, WOOD BOARD AND BATTEN TO CEMENT FIBER BOARD AND BATTEN. AND THEN I WENT BACK WITH A, UH, AN VENTED OR A DISTRESSED, UM, CALLED CORE 10 ROOFING. UM, NEXT SLIDE PLEASE. SO, THIS IS WHERE I GOT IN, IN A PICKLE IS THAT, UM, IN THE RE REPAIRING THE INSIDE, UH, STARTED TO GET, UM, UH, UNCOVERED REPAIRS THAT HAVE BEEN DONE, OR ADDITIONS THAT HAVE BEEN DONE IN THE PAST THAT WERE CONCEALING SUBSTANTIAL DAMAGE. SO, UM, BEING A BUILDER, I'VE, UH, REPAIRED EVERYTHING THAT WAS DAMAGED. BUT, UM, SO YOU CAN SEE WHEN I GOT THE HOUSE, IT HAD KIND OF WALL COVERING ON IT OR GOT THE GARAGE, IT HAD WALL COVERING ON IT, AND THEN I STARTED PEELING IT BACK AND IT WAS JUST KIND OF UNSAFE AND BEYOND REPAIR OR BEYOND SALVAGE IN SOME PLACES. SO I, UM, UH, UH, MADE IT STRUCTURALLY SOUND, EVEN WITH THE GUIDANCE OF A STRUCTURAL ENGINEER. BUT I ONLY GOT A PERMIT FOR THE, UM, SIDING AND THE ROOFING. SO, UH, NEXT SLIDE PLEASE. UM, I TRIED TO DO IT IDENTICAL TO THE LAYOUT, BUT, UH, THE, THE, THE INSPECTOR WASN'T REALLY HAPPY WITH THAT. HE'S LIKE, YOU SAW THE NEW FRAMING, AND HE SAID, MY WORK EXCEEDED THE SCOPE. UM, AND THEN HE ALSO SAID THAT THIS, UH, CARPORT DIDN'T HAVE A PERMIT. SO IF I NEEDED TO GET A PERMIT, I'D HAVE TO EITHER GET A VARIANCE TO KEEP THE CARPORT OR DEMOLISH THE CARPORT. UM, IN THAT RIGHT PHOTO, YOU ALSO SEE WE HAVE A LITTLE ABOVE GROUND POOL. UM, WELL, WE HAD, BECAUSE HE SAID WE NEED TO GET A PERMIT FOR THAT TOO. AND SO, UM, WE TOOK THAT DOWN 'CAUSE THAT WAS EASY. IT WAS JUST A RUBBER POOL. I BUILT A LITTLE WOOD FRAME AROUND IT. SO, UM, ANYWAY, UH, SORRY. NEXT SLIDE. I THINK THAT'S KIND OF WHERE, OKAY. YEAH. UM, WE'RE NOT TRYING TO, UH, OFFEND THE NEIGHBORS. IN FACT, WE'RE TRYING TO BE, UM, IN CHARACTER AND COHESIVE WITH IT. UM, I JUST, UH, I KNEW BETTER, BUT I THOUGHT I COULD GET A PERMIT FOR THE OUTSIDE AND THAT WOULD BE GOOD. BUT WHEN I STARTED DOING THE WORK, I REALLY HAD TO GET INTO THE STRUCTURAL AND, UM, FIGURING WHEN I WAS INSIDE, I WAS GONNA BE, UM, UH, OKAY WITHOUT GETTING A FULL BUILDING PERMIT. BUT NOW I NEED TO GET A FULL BEARING PERMIT. SO, WHICH IS WHY I'M HERE TO, UM, ASK FOR THE VARIANCE TO REDUCE THE SETBACK FROM FIVE FEET TO ONE FEET, ONE FOOT. UM, SO I CAN KEEP THE, THE GARAGE AND THE CARPORT, THE POOL'S GONE. BUT, UM, MAYBE SOMEDAY WE CAN AFFORD A POOL, A ROAD POOL, AND A PERMIT. SO, UM, I DON'T KNOW. I, I, I REACHED OUT TO MY NEIGHBORS. I, I, I WAS TRYING TO BE, I HELPFUL. I THINK SOME MAY HAVE SUPPORTED IT. I DON'T HAVE REALLY ANY, ANY KNOWN ENEMIES IN THE NEIGHBORHOOD. I'M QUITE INVOLVED IN THE NEIGHBORHOOD. SO, UH, I WASN'T TRYING TO PETITION ANYONE, BUT HOPEFULLY THE NEIGHBORS ALL AGREE THAT, UM, IT IS KIND OF A, A BENIGN REQUEST OR AT LEAST KIND OF, UM, REASONABLE REQUEST. UH, I THINK THAT'S ALL I HAD IN MIND TO SAY. THANK YOU. THANK YOU. PERFECT TIMING. YOU'VE HAD TWO SECONDS LEFT. OH MY GOODNESS. OKAY. IS THERE ANY OPPOSITION? SEEING NONE. LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING. OPEN IT UP TO QUESTIONS. DO YOU MIND IF I GO FIRST? HAS THE SLAB CHANGED AT ALL? I HAD TO REPAIR THE SLAB, SO I HAD TO, UM, ADD, ADD SOME CONCRETE IN THE, IN THE, THE, THE PERIMETER. I MEAN, AS FAR AS FOOTPRINT. OH, THE FOOTPRINT. NO, IN FACT, I REDUCED IT A LITTLE BIT 'CAUSE THERE WAS A STRANGE BUMP OUT IN THE BACK THAT DIDN'T MAKE SENSE. SO I JUST, IT WOULD LOOK LIKE THE STATE OF UTAH. AND NOW IT LOOKS LIKE THE STATE OF COLORADO , SO. OKAY. UH, WHAT ABOUT THE BUILDING ITSELF? IS IT TALLER OR WIDER TECH? UH, NO, NOT WIDER. TECHNICALLY IT'S A LITTLE TALLER BECAUSE IT WAS SAGGING A LOT. AND SO IN RAISING IT BACK UP TO THE PROPER PITCH, IT HAS A 12 SIX PITCH THAT, UM, IT, IT LIKE MATCHES MY HOUSE. SO IT, IT, UM, OKAY. THANK YOU. IT LOOKS, IT LOOKS, IT LOOKS A LITTLE TALLER, BUT, OKAY. NO, NO. THANK YOU. BOARD MEMBER VAN NOLAN, FIRST OF ALL, I DON'T KNOW IF YOU REALLY NEED A PERMIT FOR AN INFLATABLE TEMPORARY POOL THAT YOU GET IT SIGN, SO, BUT THAT YOU CHECK IT OUT. OH, I DON'T WANT IT. I DON'T WANT FOUR INCHES TOO DEEP . SO, UM, WHAT I NOTICED ON SHEET SHEET TWO OF FIVE IS THAT EVERYTHING ALONG THAT RIGHT HAND SIDE IS ON IT ENCROACHES INTO THE SIDE YARD SETBACK. BUT WHAT ALSO CAUGHT MY ATTENTION IS YOUR GLASS HOUSE AND YOUR SHED ALSO ENCROACHED IN THE REAR YARD SETBACK. [00:15:01] AND SO BEING IS THAT WE'RE HERE SHORT SHORT, UH, A FULL A FULL, UM, I WAS GONNA MAKE A MOTION TO, UH, NOT TO DENY, TO POSTPONE YOU SO THAT MAYBE WE COULD POST IT SO THAT YOU CAN GET, IF YOU DO ANYTHING TO THAT SHED, OR IF YOU DO ANYTHING TO YOUR GLASS HOUSE, YOU'RE GONNA BE BACK HERE AGAIN ASKING FOR ANOTHER VARIANCE BECAUSE YOU'VE, YOU'VE GOT, YOU'VE GOT THOSE TWO ITEMS AND IF THOSE TWO ITEMS HAVE BEEN THERE AND YOU CAN SHOW THAT THEY'VE BEEN THERE FOR A LONG TIME, I DON'T THINK, UH, ANYBODY'S REALLY GONNA BE OPPOSED TO YOU PACKAGING IT ALL IN ONE AND GETTING IT TAKEN CARE OF. THE, AS FAR AS THE BUILDING ITSELF IS CONCERNED, UH, BEING THAT YOU'RE STILL ON THE SAME FOOTPRINT AND YOU HAVEN'T REALLY, UM, YOU HAVEN'T REALLY EXPANDED THE FOOTPRINT IN NON NON-CONFORMING, UH, STRUCTURE, I DON'T THINK WE'LL HAVE A, I MEAN, I DON'T HAVE A PROBLEM SUPPORTING YOUR VARIANCE. UH, I WOULD LIKE TO HAVE A TREE SURVEY ONE YOU CAN CALL THE CITY. THEY'LL COME OUT AND DO YOU AN OFFICIAL TREE SURVEY. 'CAUSE WHAT YOU HAVE HERE LOOKS TO ME LIKE IT'S SOMETHING THAT WAS PUT INTO YOUR PRESENTATION. IT'S NOT A REAL TECHNICAL SEED, UH, UH, TREE, UM, SURVEY BECAUSE THE, THE TREES, THE ROOTS OF THE CRITICAL ROOT ZONE AND THE SECONDARY CRITICAL ROOT ZONE, THAT'S BONAFIDE HARDSHIP. OKAY. SO, UH, WHAT I'M TRYING TO DO IS PUT YOU IN A GOOD POSITION HERE TO, TO ACHIEVE WHAT YOU'RE TRYING TO ACHIEVE. SO, UM, I'M GONNA LET THE REST OF THE OTHER MEMBERS TALK ABOUT IT, BUT, UH, I, I WOULD BE WILLING TO, AND ELAINE, LET ME ASK YOU SOMETHING TO DO A REPOSTING, DOES HE NEED TO HAVE A, WELL, HE'S GONNA HAVE TO POSTPONE FOR THIS SIDE, BUT WHAT I NOTICE ACROSS THE BACK, HE'S GOT AND LEGALS HERE. UM, WILL, CAN I JUST POSTPONE IT AND IT CAN BE REPOSTED OR DOES IT HAVE TO GO THROUGH THE WHOLE FORMAL PROCESS? HOW, HOW DOES THAT WORK? YEAH, IT'S GONNA HAVE TO GO THROUGH THE PROCESS. MEANING IT'S GONNA BE, NEED TO BE REPOSTED. HE'S GONNA HAVE TO REDO THE APPLICATION TO INCLUDE IT, AND HE'S GONNA HAVE TO PAY THE, THE FEE FOR REIFICATION. UM, THE ONLY THING I CAN TELL YOU IS THE REASON WHY NOBODY HAS SAID ANYTHING TO HIM IS BECAUSE EACH STRUCTURE IS LESS THAN 200 SQUARE FEET. OH, OKAY. UM, SO THEY'RE PROBABLY NOT MAKING HIM PERMANENT BECAUSE IT'S LESS THAN 200 FEET AND THEY'RE EXISTING NON-CONFORMING AND THEY'RE EXISTING NON-CON COMPLYING. OH, OKAY. UM, HOWEVER, BOARD MEMBER VAN NOLAN IS RIGHT, GEORGE, THAT IF YOU DO ANYTHING TO THOSE STRUCTURES, A PERMIT MAY BE REQUIRED AT THAT TIME. SO IT'S SOMETHING YOU MIGHT WANNA QUICKLY RETHINK ON WHETHER YOU WANNA ADD IT TO YOUR VARIANCE REQUEST OR NOT. YES. IN MY OPINION, I DO AGREE WITH HIM. BUT IF YOU DON'T EVER PLAN ON DOING ANYTHING WITH 'EM AND YOU PLAN ON LEAVING THEM AS IS, AGAIN, A PERMIT'S NOT REQUIRED, SO NO ONE CAN FORCE YOU TO GET A PERMIT. 'CAUSE THEY'RE LESS THAN 200 SQUARE FEET EACH. OKAY. I DO HAVE SOME. I I REALLY APPRECIATE THAT FEEDBACK AND, UM, THAT'S VERY GENEROUS OF YOU TO, UH, CONSIDER THAT EXTRA. UM, BUT TO BE HONEST, THOSE ARE REALLY BAD SHAPE. THE SHEDS ARE REALLY IN BAD SHAPE, UM, HARDLY WORTHY OF HOLDING, COVERING MY BICYCLES. UM, SO THEY'RE GOOD FOR COVERING MY BICYCLES, KEEPING IT FOR RAIN. BUT IF, IF THEY'RE IN THE WAY AND THEY DON'T, UM, THEY CAN'T STAY. I'M, I'M ACTUALLY, IT WOULD BE WELL, YOU'LL BE FINE WITH 'EM AS LONG AS YOU DON'T DO ANYTHING TO 'EM. OKAY. YEAH. YOU KNOW. OKAY. I WAS, I'M PREPARED TO DEMOLISH THEM. OKAY. UM, IF THEY NEED TO BE DEMOLISHED. UM, I, I, I'VE KIND OF GOTTEN A BIT OF, UM, LOOK, AUSTIN ENERGY ASKED FOR A SURVEY LAST WEEK AND WE HUSTLED TO GET ANOTHER SURVEY JUST FOR THE, THE, THE BUILDINGS. YEAH. AND SO THAT WAS $1,500 MORE. UM, JUST, AND, UM, SO, UH, I THOUGHT THAT ACTUALLY THE SURVEY SAID, THEY SAID THAT WAS FIVE FEET. SO ONE OF THE SHEDS DOES ENCROACH. UM, BUT LIKE I SAID, BOTH OF THOSE ARE KIND OF JUST BARELY, THEY'RE LIKE DIRT GROUND AND LAKE, ALMOST LIKE LEAN TWOS. UM, I MEAN, ONE WAS MAYBE A POTTING ANYWAY, SO, UH, IF YOU'RE NOT GONNA, IF, LET ME SAVE YOU SOME TIME HERE. OKAY. IF YOU'RE NOT GONNA DO ANYTHING TO 'EM, OTHER THAN LEAVE YOUR BIKES IN AND ONCE THEY FALL DOWN, YOU'RE GONNA GET RID OF THEM. YEAH. THEN IT'S NOT EVEN WORTH BRINGING IT UP. THAT'S KIND OF OKAY. ONE, ONE QUESTION I DID HAVE THOUGH IS I NOTICED, AND, AND I ALSO NOTICED IN THE BACK, UH, THE, THE LATE BACKUP THAT YOU'VE BEEN WORKING ON THIS FOR ALMOST 12 MONTHS AND IT WAS NEVER BROUGHT TO YOUR ATTENTION, UH, PRIOR TO 12 MONTHS. I MEAN, THE, THE INSPECTOR SHOULD HAVE RED TAGGED YOU OR STOPPED YOU FROM CONSTRUCTION AS SOON AS HE SEE YOU EXCEEDING THE, THE, THE LIMITS. YEAH. WELL, IT WAS MY PARTIALLY MY FAULT BECAUSE I DIDN'T EVEN CALL FOR THE FIRST INSPECTION TILL SEVERAL MONTHS, UM, TILL SEVERAL MONTHS INTO IT. YEAH. I THOUGHT IT WAS JUST GONNA BE, OH, LOOK, NEW SIDING, NEW ROOFING, GREAT. BE ON YOUR WAY. AND THEN, YOU KNOW, I'M ACTUALLY FRIENDS, NOT FRIENDS. I KNOW THE INSPECTOR. AND SO MAYBE I WAS A LITTLE TOO CHIT CHATTY AND I WAS SHOWING OFF THE WORK, AND HE WAS LIKE, WELL, YOU'VE GOT STRUCTURAL [00:20:01] HERE AND YOU GOT, AND I WAS LIKE, YEAH, I GUESS YOU CANNOT SEE THAT NOW. WELL, I DON'T KNOW HOW LONG YOU'VE BEEN A BUILDER. I DID IT WELL ON MY OWN COMPANY, WELL PAST 30 YEARS. AND I KNOW MR. BOWEN EXCEEDS ME IN THAT, IN THOSE, THOSE AREA, IN THAT, UH, AMOUNT OF TIME. BUT IT'S THE SAME THING THAT AL WE ALSO LIKE TO TELL PEOPLE WHEN THEY COME UP HERE THAT SOMETIMES LESS IS MORE, YOU KNOW, I, I BELIEVE SO. UM, IN, IN THE, UM, BACK AND FORTH, I GO WITH THE, WITH THE INSPECTORS, I DO RESPECT THAT THEY'RE TRYING TO DO A BETTER JOB. AND I WAS LIKE, YOU'RE RIGHT. I, I I REPLACED THAT. YOU THOSE THAT, NO, YOU DIDN'T DO ANY ELECTRICAL IMPROVEMENTS OR PLUMBING OR ANYTHING LIKE THAT? NO. IT'S JUST A, JUST A, IT JUST WENT FROM BEING A STORAGE SHED TO A, A FALLING DOWN STORAGE SHED TO A, UM, A STANDING UP STORAGE, STORAGE SHED. SO, OKAY, MAYBE SOMEDAY I'LL GET A PERMIT TO GET ELECTRICAL TO IT, BUT RIGHT NOW IT'S JUST, UM, YEAH, KIND OF JUST DRY A DRY SPACE. WELL, I'M GONNA LET THE OTHER MEMBERS SPEAK AND THEN WE'LL SEE ABOUT MAKING A MOTION HERE. ALL RIGHT. OTHER QUESTIONS? VIRTUAL MEMBERS? DO I HAVE A MOTION? MADAM CHAIR? I WAS GONNA MAKE THE POSTPONEMENT, UH, FOR THE TREE SURVEY, BUT HAVE, AFTER DISCUSSING THIS WITH THE GENTLEMAN HERE, UM, I, I REALLY DON'T SEE WHERE THIS IS GONNA BE AN INCUMBENT UPON ANYBODY. I'M GONNA MAKE A MOTION TO APPROVE. I'LL SECOND KEITH. I HAVE A MOTION TO APPROVE MADE BY VICE CHAIR, OR SORRY, MADE BY A BOARD MEMBER. BUN OLAND, SECONDED BY VICE CHAIR HAWTHORNE. 1, 2, 3, 4, 5, 6, 7. UH, BOARD MEMBER MARTINA AL. WE ARE NOT SEEING YOU ON CAMERA. AH, OKAY. SO ARE THERE ANY OTHER QUESTIONS OR ARE WE OKAY TO CALL THE VOTE? HOW ABOUT SOME FINDINGS? FINDINGS? OH MAN. SEE, IT'S BEEN A WHILE. . LET ME GO BACK HERE. I TAKE ONE MONTH OFF AND IT OFF, OFF. I'M TELLING YOU, THE BRAIN TURNS TO CELLO. OKAY. WE ALL JUST WANTED TO TELL YOU THAT IT WAS OKAY FOR YOU TO TAKE IT OFF AND NOT LIKE CALL IN FROM YOUR VACATION. I TRIED. OKAY. REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE LDC 25,289 ALLOWS FOR VEHICLE STORAGE AND ALLOWS HOUSEHOLD STORAGE BUILDINGS ALLOWING THE STRUCTURE TO REMAIN IN THE SETBACK, DOES NOT PROVIDE A SPECIAL PRIVILEGE, BUT PROVIDES EQUAL OPPORTUNITIES FOR VEHICLE AND HOUSEHOLD STORAGE HARDSHIP. THE HARDSHIP FOR WHICH THIS, WHICH THE VARIANCE IS REQUESTED IS UNIQUE. HERE WE GO. IS UNIQUE TO THE PROPERTY THAT THERE ARE THREE HERITAGE OAK TREES DIAMETERS OF 24 INCHES OR GREATER ON THIS PROPERTY ADJACENT TO THE STRUCTURES. HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE A SIMILARLY SIZED PROPERTY THAT DOES NOT HAVE HERITAGE OAK TREES WOULD NOT HAVE HAD THIS HARDSHIP AND COULD HAVE REASONABLY CONSTRUCTED OR RELOCATED THE GARAGE AND CARPORT OUTSIDE OF THE SETBACKS AREA OF CHARACTER. THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH PROPERTY IS LOCATED BECAUSE THE PROPOSED RENOVATIONS DO NOT CHANGE THE FOOTPRINT OR SIZE OF THE STRUCTURES AND DO NOT CHANGE THE USE OF THE STRUCTURES. THAT'S IT. MADAM CHAIR, AGAIN, THIS IS A MOTION MADE BY A BOARD MEMBER BY OWEN, SECONDED BY VICE CHAIR HAWTHORN. LET'S CALL THE VOTE. TOMMY EIGHTS. YES. JEFFREY BOWEN. YES. JESSICA COHEN. YES. MELISSA HAWTHORN. YES. YOUNG J KIM? YES. BIANCA MEDINA. AL YES. MICHAEL VON OLIN? YES. BRIAN POTE. YES. MAGGIE. OH, NO, MAGGIE DID NOT MAKE IT. UH, AND COREY ARCHER? YES. OKAY. CONGRATULATIONS. YOUR VARIANCE IS GRANTED. UM, I'M KIND OF, I'M, IT'S BEEN A PROCESS. THANK YOU VERY MUCH. I, UM, YOU'RE WELCOME. THANK YOU. ALL RIGHT. YOU MADE IT, YOU MADE IT, AND YOUR PRESENTATION PACKET WAS REALLY GOOD. THANK YOU. UM, I ALSO WANTED TO GIVE A SHOUT OUT TO THE LIAISON, MR. RAMIREZ, WHO HAS GOT VERY, VERY HELPFUL AND, UM, NOT OVERLY, BUT VERY HELPFUL. UM, AND, AND PATIENT . SHE'S VERY AWESOME. SHE'S VERY AWESOME. WE'RE VERY LUCKY. YEAH. UH, THANK YOU. OKAY. UH, C 15 20 25 0 0 2 6 AND C 20 25 0 0 2 7 [00:25:03] APPEAR TO BE NEXT DOOR TO EACH OTHER. ARE THESE TWO CASES FOR THE SAME OWNER, ELAINE, OR, UM, FROM WHAT I UNDERSTAND, THEY'RE TWO SEPARATE OWNERS, SO, BUT IF THEY HAVE ONE, UM, CONTRACT, YES. OKAY. SO WE'LL HAVE TO HEAR THEM SEPARATELY THEN. OKAY. SO, SO THEY ARE, BUT THEY'RE ON THE SAME SITE PLAN, LIKE THEY HAVE THE SAME SITE PLAN THEY'RE USING FOR BOTH. OH, THEY, YES. IT IS THE SAME SITE PLAN. YEAH, THEY HAVE THE SAME SITE PLAN. OKAY. SO I THINK YOU CAN HEAR 'EM TOGETHER. I THINK WE SHOULD HEAR THEM SEPARATELY. I'M SORRY. I THINK WE SHOULD HEAR, HEAR 'EM SEPARATELY. YEAH, THAT'S KIND OF WHERE I'M LEANING TO. OKAY. LET'S START WITH ITEM THREE [3. C15-2025-0026 Stephen Hawkins for Red Bud Partners, LP 1750 Channel Road ] C 15 20 25 0 0 2 6. STEPHEN HAWKINS FOR RED BLOOD PARTNERS 1 7 5 0 CHANNEL ROAD IS MR. HAWKINS ONLINE. IT'S ACTUALLY JOHN FIT, OR VICTOR, SORRY. JOHN CHER, YOUR LAST NAME, BUT HE'S VIRTUAL AND HE'S ONLINE. OKAY. MR. FIT, IF I COULD GET YOU TO STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES. IT PLEASE PRESS STAR SIX TO UNMUTE. CAN YOU HEAR ME NOW? WE CAN HEAR YOU NOW. SORRY ABOUT THAT. YES. MY NAME IS JOHN, ER I'LL BE PRESENTING TONIGHT ON BEHALF OF AQUA PERMITS. OKAY. IF I COULD GET YOU TO WAIT ONE MOMENT, PLEASE. COULD WE GET HIS PRESENTATION PULLED UP PLEASE? OKAY. SO IF YOU'RE WATCHING ON ETXN, WHAT YOU'LL BE SEEING WILL HAVE A 15 TO 32ND DELAY AFTER WHAT WE'RE SEEING. MM-HMM . SO AS YOU'RE GIVING YOUR PRESENTATION, IF YOU'LL JUST LET US KNOW NEXT SLIDE, WE'LL ADVANCE THIS SLIDE FOR YOU. SURE. OKAY, GO AHEAD. YOU'LL HAVE FIVE MINUTES. NO PROBLEM. THANK YOU. ALL RIGHT. UM, WELL, HELLO TO THE BOARD OF ADJUSTMENTS AND THANK YOU FOR TAKING THE TIME TO HEAR THE CASE THAT WE HAVE TONIGHT. WE HAVE TWO PRESENTATIONS FOR YOU. THEY'RE SIMILAR AS THEY BOTH PERTAIN TO A VARIANCE FROM THE SAME LINE OF CODE. UM, SO I'M GONNA KEEP THESE AS BRIEF AS POSSIBLE SO YOU DON'T HAVE TO HEAR ME SAY THE SAME THING TWICE. UM, NEXT SLIDE PLEASE. ALL RIGHT. SO WE'RE NOW LOOKING AT 1750 CHANNEL ROAD. UM, HERE'S A QUICK VIEW TAKEN FROM THE CITY OF OPTUM GEOGRAPHICAL INFORMATION SERVICES WEBSITE OR GIF. UM, I'LL BE REFERENCING THIS IMAGE AND CORRESPONDING DATA THROUGHOUT THE PRESENTATION. NEXT SLIDE, PLEASE. ALL RIGHT. SO WE'RE SEEKING A VARIANCE FROM LAND DEVELOPMENT CODE 25 DASH TWO DASH 1176 A ONE WHICH STATES THAT A DOCK MAY EXTEND UP TO 30 FEET FROM THE SHORELINE INTO THE LAKE, EXCEPT THAT THE DIRECTOR MAY REQUIRE A DOCK TO EXTEND A LESSER OR GREATER DISTANCE FROM THE SHORELINE IF DEEMED NECESSARY TO ENSURE NAVIGATION SAFETY. AND WE'RE SEEKING A VARIANCE TO ALLOW FURTHER THE PERMITTING AND CONSTRUCTION OF A DOCK 37 FEET AND THREE INCHES FROM THE SHORELINE IN OODLE LAKE. NEXT SLIDE PLEASE. UM, HERE, THE AERIAL VIEW 1750 CHANNEL ROAD IS LOCATED JUST DOWNSTREAM LOST COUNTRY CLUB. IT'S SEEN HERE. UM, THE UNINTENDED CONSEQUENCES OF LIVING DOWN THE RIVER FROM A GOLF COURSE IS LOTS OF SEDIMENT AND RUNOFF, WHICH I'LL TOUCH ON LATER. UM, NEXT SLIDE PLEASE. OKAY. SHOWN HERE IS THE FIGHT HAS SEEN TODAY AND AN IMAGE TAKES FROM THE CITY OF AUSTIN, GIF. THE EXISTING BOAT DOCK WAS CONSTRUCTED IN THE EARLY 1980S AND IS A GRANDFATHERED STRUCTURE. UM, THE EXISTING BOAT DOCK EXTENDS 37 FEET AND NINE INCHES FROM FURTHEST POINT FROM THE SHORELINE. IT IS BEING REPLACED WITH A NEW BOAT DOCK IN THE SAME GENERAL LOCATION AND FOOTPRINT AS THE EXISTING. NEXT SLIDE PLEASE. THIS IMAGE SHOWS THE NEIGHBORING DOCKS ALONG THE STRETCH OF LAKE CHANNEL TAKEN FROM THE CITY OF AUSTIN, GIF. UM, THE NEIGHBORING BOAT DOCKS WERE CONSTRUCTED BETWEEN 1960 AND 1980 AND OUR GRANDFATHERED NONCONFORMING STRUCTURES. FOR THE MOST PART, THESE DOCKS HISTORICALLY HAVE BEEN CONSTRUCTED TO EXTEND GREATER THAN 30 FEET FROM THE SHORELINE AS THE DEPTH OF THE LAKE IS TOO [00:30:01] SHALLOW TO OPERATE A FUNCTIONAL BOAT DOCK AT THE 30 FOOT LENGTH FROM SHORELINE. UM, MODERN WATERCRAFT REQUIRES AT LEAST FOUR FEET OF WATER DEPTH TO OPERATE, AND THIS AREA OF THE WATER DEPTH IS TOO SHALLOW INSIDE OF THE 30 FOOT STEP BACK. AND I JUST WANNA POINT OUT TO YOU THAT DOCKS DIE EITHER SIDE OF THIS PROPERTY ARE EXTENDING INTO THE LAKE GREATER THAN 30 FEET FROM THE SHORELINE. NEXT SLIDE PLEASE. OKAY. THE MAXIMUM LENGTH FROM THE SHORELINE ALLOWED FOR BOAT DOCK AND THE LDC IS INSUFFICIENT IN ITS APPLICATION FOR THIS PROPERTY. UM, DUE TO THE EXISTING SHALLOW LAKE CONDITIONS ALONG THE STRETCH OF LAKE AUSTIN, THE DOCK WILL NEED TO BE CONSTRUCTED AT A GREATER LENGTH THAN THE ALLOWABLE 30 FEET FROM SHORELINE IN ORDER FOR THE DOCK TO BE ACCESSIBLE VIA MODERN WATERCRAFT. THAT RUNNING GROUND NOW, DREDGING OF THE LAKE BED IS RESTRICTED TO 25 CUBIC YARDS PER ADDRESS BY CODE. SO YOU CAN ONLY DREDGE 25 CUBIC YARDS PER SITE IN THIS LOCATION. THE AMOUNT OF DREDGE NEEDED TO CREATE BASIC NAVIGABILITY WOULD GREATLY EXCEED THAT AMOUNT, AS YOU CAN SEE BELOW WHAT THE EXHIBIT I'VE SHOWN. UM, THEREFORE, BUILDING DEEPER INTO THE LAKE IS A REQUIREMENT. NEXT SLIDE PLEASE. OUR PROPOSED SITE PLAN, WHICH IS CURRENTLY REVIEWED, PROPOSES A NEW BOAT DOCK WITH A LENGTH OF 37 FEET AND THREE INCHES FROM SHO LINE. AT ITS LONGEST POINT, THIS DESIGN DOES NOT INCREASE THE NONCONFORMITY OF THE EXISTING STRUCTURE. THE NEW DOCK WILL ACTUALLY REDUCE THE CURRENT NONCONFORMING LENGTH INTO THE LAKE BY SIX INCHES. UH, THIS NEW BOAT DOCK WILL BE FUNCTIONAL FOR MODERN WATERCRAFT AS ITS PROPOSED LENGTH, AND THE DOCK DESIGN WILL NOT EXTEND FURTHER THAN NOR IMPEDE ACCESS TO ANY OF THE NEIGHBORING DOCKS. NEXT SLIDE PLEASE. THE PROPOSED BOAT DOCK DESIGN CONFORMS TO ALL OTHER REQUIREMENTS OF LAND DEVELOPMENT CODE AS CLEARED 95% OF THE MASTER COMMON REPORT FROM THE DEVELOPMENT SERVICES DEPARTMENT, AND IT'S CONTEMPORANEOUS IN DESIGN AND APPLICATION TO NEIGHBORING DOCKS. ON THIS STRETCH OF LAKE, THE OWNER IS NOT ASKING FOR ANYTHING GREATER THAN THEIR LEGALLY GUARANTEED ACCESS TO THE SHORELINE FRONTAGE ON LAKE AUSTIN IN A SAFE MANNER. UM, THERE ARE NO HARMFUL ENVIRONMENTAL CONSEQUENCES UNIQUE OF THE VARIANCE. IN FACT, THE PROPOSED DEVELOPMENT WILL SERVE TO MAINTAIN EXCELLENT WATER QUALITY BY MINIMIZING DISTURBANCE TO THE LAKE BED ANYTIME YOU DREDGE DISTURBANCE IS INEVITABLE. UM, NEXT SLIDE PLEASE. OKAY. AND VARIANCES HAVE BEEN GRANTED FOR SIMILAR CIRCUMSTANCES IN RELATION TO THIS LINE OF CODE BY THE BOARD OF ADJUSTMENTS IN THESE FOLLOWING CASES THAT YOU'LL SEE IN WHICH THE PROPOSED VOTE DOCS EXTENDED GREATER . IF I COULD GET YOU TO WRAP IT UP IN ONE SENTENCE, PLEASE. YOUR TIME'S UP. I AM ALL DONE. ALRIGHT, NEXT SLIDE PLEASE. THANK YOU VERY MUCH. IS THERE ANY OPPOSITION? THANK YOU. WE DO. I DON'T KNOW IF WE HAVE ANYBODY HERE AT THE CITY HALL, BUT WE DO HAVE OPPOSITION VIRTUALLY. HER NAME IS NELLY SLADEN. IS MS. SLADEN ON THE LINE? JOAQUIN, MS. SLAYTON, IS SHE UNMUTED OR SHE DO STAR SIX. ONE MORE TIME. CAN YOU HEAR ME? WE CAN HEAR YOU NOW. IF I COULD GET YOU TO PLEASE STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES. HELLO, MY NAME IS NELLIE SLADEN AND WE ARE AN AFFECTED PROPERTY OWNER, UM, THAT ARE SIMPLY THREE DOCKS AWAY FROM THE PROPOSED SITE. WE OBJECT TO THIS VARIANCE REQUEST VERY STRONGLY. WE ARE URGING THE BOARD DENY THIS REQUEST BECAUSE THIS IS AN EXCESSIVE AND UNJUSTIFIED USE OF, UH, THE EXISTING FOOTPRINT TO BUILD UP. UH, THE APPLICANT IS REQUESTING TO INCREASE THE DOCK LENGTH FROM 30 FEET TO 37 FEET AND THREE INCHES. THAT IS 25% MORE THAN PERMITTED BY THE CODE. I HAVE, UH, REQUESTED SOME MATERIALS TO BE CONSIDERED. UM, UH, IF YOU COULD REFERENCE PACKET TWO OF, UH, THIS CASE NUMBER. I HAVE SOME PICTURES SHOWING THE LOCATION AND THE IMPACT ON, UM, THE VIEWS, THE SURROUNDING VIEWS, AND ALSO NAVIGATION. MS. SLATE, I'M GONNA INTERRUPT YOU REAL QUICK. IT'S LATE BACKUP NUMBER TWO IN EACH PACKET. LATE BACKUP NUMBER TWO. YES. IT SAYS LATE BACKUP NUMBER TWO. JUST ONE SECOND, MA. GIVE US A SEC TO GET IT PULLED UP. SURE. [00:35:18] DID EVERYONE FIND IT? I'VE GOT IT. I THINK WE'RE GOOD TO GO. OKAY. GO AHEAD. YES, MA'AM. THANK YOU. THANK YOU. YES. SO IN THE VERY FIRST PICTURE, WHAT, UH, WHAT IS SHOWING IS THAT THERE'S A PUBLIC RAMP AT THAT LOCATION AT THE 360 BRIDGE. AND THIS.IS DIRECTLY IN VIEW OF THE, UM, ICONIC VIEWS OF THE 360 OVERLOOK. UH, IT'S IN A VERY CONGESTED, VERY, VERY BUSY AREA OF THE LAKE. UH, THE PUBLIC BOAT RAMP, UH, TRAFFIC IS COMING TOWARDS, UM, 17 15, 17 52, AS WELL AS A LOT OF TRAFFIC THAT COMES FROM THE PARTY COVE. IT'S A NO WAKE ZONE. UH, AND AS SOON AS THEY PASS, AS SOON AS VOTERS PASS THAT NO WAKE ZONE, THEY TEND TO ACCELERATE VERY, VERY RAPIDLY. AND YOU CAN SEE IN PICTURE TWO THAT THERE IS A CURVE. SO WHERE THEY'RE PROPOSING TO HAVE THIS, UH, LONG EXTENDED, UM, DOCK IS AT A CURVE. AND WE, UH, ACTUALLY ARE TWO DOCKS AWAY. UH, OUR DOCK IS WITHIN 30 FEET, UH, 32 FEET OF THE SHORELINE. UH, AND WE HAVE WITNESSED MANY NEAR MISS ACCIDENTS IN THAT LOCATION AS PEOPLE SPEED UP. AND THERE'S AN, UH, ONCOMING BOAT TRAFFIC THAT IS, UM, SUPPOSED TO BE ON THE OTHER SIDE OF THE LAKE, BUT A LOT OF PEOPLE JUST STAY ON, ON OUR SIDE OF THE LAKE. AND THE ON TRAFFIC IS COMING FROM DOWNSTREAM, UPSTREAM. AND SO THIS CREATES A LOT OF ISSUES, UM, AND PROBLEMS. UM, WE ALSO HAVE A LOT OF JET SKIERS AROUND THIS AREA. SO WHAT THE, UH, APPLICANT IS ATTEMPTING TO DO IS USE A CURRENT EXISTING FOOTPRINT FOR A, AN UNCOVERED, AN UNCOVERED, UM, PIER. SO IT'S NOT A DOCK, IT'S A PIER. AND THEY'RE, UH, ATTEMPTING TO BUILD A BOAT DOCK, UH, WITH MULTIPLE STORIES. SO CURRENTLY IT'S ONE LEVEL, IT'S NOT TWO STORIES, IT'S PROPOSED. AND, UH, THE, WHAT WILL HAPPEN IS WHEN YOU ADD HEIGHT TO IT, THAT AFFECTS THE VISIBILITY. IT AFFECTS THE VISIBILITY AROUND THE CURVE TO SEE ONCOMING TRAFFIC. ALSO, IT'S EXTENDING 25% MORE THAN THE STANDARD SHORELINE. AND ALL THE NEW BOAT DOCKS THAT HAVE BEEN BUILT IN THIS AREA ON, UH, WHICH WITH A FALSE STATEMENT THAT THE NEIGHBORING DOCKS DO NOT, UM, THAT, THAT THERE'S ALL THE NEIGHBORING DOCKS ARE PAST 30 FEET. THAT IS NOT CORRECT BECAUSE WE JUST BUILT OUR DOCK AND WE CONFORM TO THE CODE. AND IN FACT, WE HAD A MUCH, MUCH BIGGER FOOTPRINT. BUT WE RECOGNIZED THAT IF WE COULD WENT WITH THAT, UH, BIGGER FOOTPRINT, IT WOULD IMPACT THE, THE VIEW IT WOULD IMPACT THE LAKE COMMUNITY. IT WOULD, UM, BLOCK AND IRREPARABLY DAMAGE THE CHARACTER AND VALUES OF THE SURROUNDING HOMES. AND MORE IMPORTANTLY, IT WOULD BE AN EYESORE TO THESE ICONIC VIEWS THAT AUSTIN HAS BEEN SO LUCKY TO HAVE. SO A TWO STORY DOCK OR A MULTI-STORY DOC USING THE EXISTING FOOTPRINT OF A PEER TO ME AND TO OUR NEIGHBORS IS, UH, VERY OBJECTIONABLE. AND THE VARIANCE SHOULD BE DENIED. THEY HAVE NOT. UH, THE SECOND THING IS THAT THEY HAVE STATED THAT THIS IS IN, IN ORDER FOR THEIR BOAT TO BE ABLE TO BE DOCKED. WELL, FIRST OF ALL, THERE'S NO BOAT DOCKING THERE. SECOND OF ALL, IF THEY WANT TO, AND AS EVERYBODY ELSE HAS, WE ALL STAY WITHIN THE 30 FEET. AND, UH, YOU KNOW, THAT IS OTHERWISE, IF EVERYBODY, UH, SAYS, OKAY, WELL I CAN'T GET MY NEW MODERN BOAT IN AND I NEED TO BE 16 FEET OUT FROM THE, UM, SHORELINE AND BUILD MY DOCK 16 FEET OUT, WHAT IS THAT GOING TO DO TO OUR LAKE COMMUNITY? THAT MEANS THAT EVERY BOAT IS GOING TO BE STICKING OUT. OKAY. AND THEN THE SECOND THING IS MS. MS. LYNN, I NEED YOU TO WRAP IT UP IN ONE SENTENCE. YOU'RE OUT OF TIME. OKAY. THE OTHER CONCERN IS THAT ALL THESE DOCKS DO HAVE 30 FEET FROM THE SHORELINE EXCEPT FOR THE VERY LAST FEW. AND AS YOU CAN SEE IN THOSE PICTURES, THOSE ARE ONE OR TWO STORIES. NONE ARE THREE STORIES. ALL RIGHT. THANK YOU VERY MUCH. ALL RIGHT. THE APPLICANT WILL HAVE TWO MINUTES FOR REBUTTAL. OKAY. HEY, UH, THANKS KELLY. APPRECIATE [00:40:01] IT. I KNOW THAT YOU, UH, WENT THROUGH THE LEGAL CHANNELS TO GET YOUR VOTE, DOCK PERMITTED, AND WE HAVE NO OBJECTION TO THAT AT ALL. THE ONLY REASON WE'RE PROPOSING THIS VARIANCE IS FOR NAVIGABILITY AND SAFETY PURPOSES, THOUGH THE SITE PLAN CURRENTLY IN REVIEW HAS BEEN DESIGNED TO MEET ALL CODE REQUIREMENTS FOR BOTH DOCS ON LATE AUCTION. AND THAT SITE PLAN HAS BEEN APPROVED BY ALL REVIEWERS AT THIS POINT, UH, AT THE DFG. AND OUTSIDE OF THIS VARIANCE HAS CONFORMED TO ALL HEIGHT, WIDTH AND OTHER DESIGN REQUIREMENTS FROM A CODE REVIEW PERSPECTIVE. UM, IF YOU WERE TO LOOK INTO THE CASE, AS I MENTIONED IN MY PRESENTATION, IN ALL THOSE CASES, VARIANCES WERE APPROVED TO THE LAKE BEING SHALLOW, AND THE VOLUME OF TRUDGING MEETING FOR NAVIGABILITY BEING UNALLOWABLE BY CODE AS A SAFETY MEASURE HERE, UM, THERE'S A REASON THE DOCKS ON EITHER SIDE OF THESE TWO PROPERTIES HAVE HISTORICALLY BEEN FURTHER OUT THAN 30 FEET FROM THE SHORELINE. UM, AND THAT'S THE HARDSHIP OF LIVING ON THE SECTION OF THE LAKE, WHICH I KNOW THE NEIGHBORS ARE FAMILIAR WITH. UM, AND AGAIN, THE PROPOSED DOCK IS ACTUALLY REDUCING THE LENGTH OF THE DOCK INTO THE LAKE, UM, FROM WHAT IT CURRENTLY IS. OUR CLIENT IS DOING THE RIGHT THING BY GOING THROUGH THE PERMITTING PROCESS STEP BY STEP, AND THEY WANT TO LEGALLY PERMIT THEIR DOCKS TO ENSURE A SAFE HARBOR FOR THEIR FAMILY. UM, AND THIS AGAIN, PARENTS HAS REQUESTED SOLELY FOR NAVIGABILITY AND SAFETY REASONS. AND THAT, AND NOT OBSTRUCTING THE VIEW IS THE REAL MATTER AT HAND HERE TONIGHT. THANK YOU. YOU ALL RIGHT. THANK YOU VERY MUCH. LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING, OPENING IT UP TO QUESTIONS, VICE CHAIR HOR. UH, SO I HAVE A QUESTION FOR THE APPLICANT. SO YOU ARE HAVING A BOAT DOCK AND IT HAS A SECOND LEVEL THAT HAS A PARTIAL SHADE STRUCTURE ON TOP, IS THAT CORRECT? MM-HMM. THAT'S CORRECT. IT DOES HAVE A SECOND STORY. UM, I BELIEVE A HALF. SO IT'S JUST TWO STORY STRUCTURE. YEAH, THAT'S ACCURATE. TWO STORY WITH A HALF SHED ROOF. OKAY. COVERING HALF OF THE DOCK. OKAY. SO YOU'RE DECREASING THE LENGTH OF IT, BUT YOU ARE ADDING A SUNDECK WITH SHADE ON PART OF IT ABOVE IT, IS THAT CORRECT? MM-HMM . OKAY. THAT'S CORRECT. THANK YOU. BOARD MEMBER ARCHER. UM, JUST WANTED A BIT OF CLARIFICATION. WERE YOU SAYING THAT OF ALL THE PROPERTIES THAT ARE OVER 30 FEET, THAT ALL OF THOSE ARE APPROVED? LIKE THOSE WERE APPROVED OR THOSE ARE ALSO NON-CONFORMING CLARIFICATION? IT DOESN'T MATTER. WE, WE PASS THINGS HERE REGARDLESS OF WHETHER WE'VE GIVEN A VARIANCE TO A NEIGHBORING PROPERTY, THE HARDSHIP HAS TO BE UNIQUE TO THE PROPERTY THAT THIS SITS ON. SO YES, I UNDERSTOOD THAT, OR I UNDERSTAND THAT HE SHOWED US OTHER DOCKS, BUT NONE OF THOSE DOCKS MATTER. IT'S JUST ABOUT WHAT'S HAPPENING RIGHT HERE ON HIS PARTICULAR PIECE OF PROPERTY. BUT IF WE'VE GRANTED A VARIANCE FOR SIMILAR HARDSHIPS AND THE HARDSHIP EXISTS ON MULTIPLE PROPERTIES, THIS ISN'T THAT SOMETHING THAT WE NEED TO CONSIDER? NO. NO. UNDER THE LAW? NO, BECAUSE ACTUALLY THE WAY IT WORKS, EACH CASE STANDS ON ITS OWN MERITS. AND SO THEREFORE EACH, EACH CASE RUNS WITH THAT PARTICULAR HARDSHIP FOR THAT PARTICULAR PROPERTY. OKAY. THE OTHER PEOPLE MAY HAVE HAD DIFFERENT HARDSHIPS OR WHATEVER THE CASE MAY BE. OKAY. BUT NO, UH, IT, WE DON'T SET PRECEDENTS HERE. THE ONLY TIME WE SET PRECEDENT IS IF WE'RE DOING AN INTERPRETATION. OKAY. THEN THAT BECOMES CODE. OKAY. THANKS CHAIR. SO I THINK IT, IN SOME WAYS IT'S A LITTLE CONFUSING BECAUSE PRIOR TO THIS CODE SECTION BEING, BEING HEARD BY BOARD OF ADJUSTMENT, IT WAS ACTUALLY HEARD BY THE PARKS BOARD NAVIGATION COMMITTEE, NOT AS A, AT, THEY DID THESE VARIANCES, BUT BECAUSE IT WAS PART OF 25 2, THOSE RESPONSIBILITIES CAME OVER TO BOARD OF ADJUSTMENT. SO THERE MAY BE CASES THAT WERE DONE BY THEM THAT AREN'T IN INDEXED THE SAME WAY MM-HMM . SO IT IS INTERESTING. BUT IN WHEN YOU LOOKED AT THE YES. THAT A LOT OF THOSE STOCKS EXTEND PAST 30 FEET. YES, YOU'RE RIGHT. OKAY. UH, THEN I ONLY HAD ONE OTHER QUESTION. UH, NEVERMIND. I'M GOOD. THANK YOU. NOT A PROBLEM. BUT IT ISN'T, AND SOME OF THEM ALSO NEED ENVIRONMENTAL BOARD VARIANCES. WE'RE ONLY THE LDC PART, SO IF THEY WEREN'T HERE, THEN THEY'D NEED MORE DREDGE, [00:45:01] SO THEN THEY'D HAVE TO GO TO ENVIRONMENTAL BOARD. SO. OKAY. UH, MY ONLY OTHER QUESTION THEN WAS, UM, ASIDE FROM THE LENGTH, UH, EVERYTHING IS OKAY, HEIGHTWISE, THERE'S NO PROBLEMS. IT'S, IT'S PURELY THE LENGTH. OKAY, GREAT. ALL RIGHTY. SO HE IS DECREASING IT, BUT HE IS, HE'S ADDING, ADDING A SUN DECK OVER IT. RIGHT. BUT THE, THE, ANY CONCERNS ABOUT THE HEIGHT OBSTRUCTING A VIEW, IF IT CAN BE THAT HIGH, IT CAN BE THAT HIGH. CORRECT. SADLY, UH, OR NOT SADLY, VIEWS ARE NOT PROTECTED. OKAY. IN THE STATE OF TEXAS. YES. JUST MAKING SURE I UNDERSTAND IT CORRECT. UNLESS IT'S THE CAPITAL SOUNDS. UNLESS IT'S THE CAPITAL PERFECTLY. YEAH. UNLESS IT'S THE CAPITAL THAT, THAT'S IT. SO, UH, BOARD MEMBER BOW AND, AND WE'RE ONLY POSTED FOR ONE THING. UH, YEAH. I HAVE A QUESTION REGARDING, UM, LOOKING AT YOUR, YOUR ELEVATIONS. WE TALKED ABOUT YOUR DREDGING. UM, HAVE YOU CONSIDERED JUST DOING THE DREDGE FOR THE FOOTPRINT OF THE, DID YOU ESTIMATE THE AMOUNT OF CUBIC YARDS THAT WOULD BE DONE JUST EX JUST FOR THE FOOTPRINT OF THE DOCK? YEAH, SO I DON'T KNOW IF YOU HAVE THE PAGE ON THE PRESENTATION PULLED UP, BUT IF WE WERE JUST TO DREDGE 30 FEET OUT FROM THE SHORELINE, IT WOULD BE, I BELIEVE 32 OR 33, UH, CUBIC YARDS OF DREDGE MATERIAL JUST WITHIN THE ACTUAL DOCK SLIP ITSELF. AND THAT'S GONNA BE ABOUT SEVEN OR EIGHT CUBIC FEET OVER THE ALLOWABLE, UM, DREDGE MATERIAL TO BE TAKEN FROM THE LAKE BY CODE. UM, SO THERE'S A PROBLEM THERE. AND THEN IN ADDITION TO THAT, UM, IF WE WERE TO BUILD, I'M SORRY, I LOST MY TRAIN OF THOUGHT THERE. DOES THAT ANSWER YOUR QUESTION? UH, WELL, PART OF IT, BUT LOOKING AT THE, UH, LOOKING AT YOUR SURVEY THERE, THE, THE, THE FACT THAT YOU'RE PROBABLY NOT DRAFTING AS MUCH IN THE BACK VERSUS WHAT YOU HAD IN THE FRONT, JUST EVEN DOING A, A SLIGHT DREDGE IN THE FRONT TO GET IT DOWN A COUPLE OF FEET WOULD ALLOW YOU TO BRING THAT TOWARDS THE FRONT, ELIMINATING THE NEED TO BE OUT PAST THE 30 FEET. SURE, SURE. YEAH. I THINK THE ISSUE THAT I WAS TRYING TO, UM, COME UP WITH A WAY TO SAY IS THAT, LIKE I SAID IN MY PRESENTATION, WE'RE RIGHT DOWN THE LAKE BASICALLY FROM AUSTIN GOLF COURSE. UM, THEY WOULD HAVE TO DREDGE, IF WE WERE TO BUILD 30 FEET OUT FROM SHORELINE, IT WOULD BE, YOU KNOW, DREDGING ONCE OR TWICE A YEAR. AND JUST TO KEEP IT USABLE AS A DOCK. UM, AND EVERY TIME YOU DREDGE, YOU AFFECT THE ECOSYSTEM OF THE LAKE IN THAT AREA. SO, YOU KNOW, BUILDING OUT INTO THE LAKE NOT ONLY WILL MINIMIZE ANY DREDGING THAT MIGHT COME UP IN THE FUTURE, UM, IT DOESN'T PROPOSE ANY GREAT DISTURBANCE TO THAT AREA TODAY OR POSSIBLY SIX MONTHS TO A YEAR IN THE FUTURE. UH, OKAY. I HAVE A QUESTION. I GUESS THAT'S, THAT'S IT FOR RIGHT NOW. BOARD MEMBER, KIM. WELL, I GUESS, YOU KNOW, I HAD A QUESTION REGARDING THE DREDGING. UM, THE OTHER VARIANCE CASES YOU GUYS HAD MENTIONED THAT WAS APPROVED. IT'S NOT NEAR THE SITE THAT'S IN QUESTION, SO I'M JUST TRYING TO FIGURE OUT WHAT THE OTHER RESIDENTS THAT'S ADJACENT TO THEM, I'M GUESSING THEY HAVE SIMILAR DREDGING PROBLEMS OR 'CAUSE THEY, THEY'RE ONLY ADOPT PER CODE, RIGHT? OR THERE'S, YOU CAN ADDRESS THAT QUESTION TO THE OPPOSITION. UH, YEAH. YES. UM, CAN I ASK, UH, THE PERSON THAT'S HERE FOR THE OPPOSITION, UM, HOW ARE YOU GUYS ADDRESSING THE ADDRESS? IT SEEMS LIKE THAT'S THE ISSUE THAT THIS APPLICANT IS TRYING TO RESOLVE BY ADDING THAT ADDITIONAL SQUARE FOOTAGE. SO THAT QUESTION, IS IT ADDRESSED FOR, UH, MS. SLADEN? YES. UH, WELL, CAN YOU REPEAT THE QUESTION PLEASE? I GUESS I'M TRYING TO FORMULATE THE QUESTION PROPERLY, BUT THE WAY I UNDERSTAND IT, THE APPLICANT IS TRYING TO INCREASE THE, THE, TO SET 37 FEET BECAUSE THEY'RE TRYING TO SOLVE THE DREDGING OR THE PROBLEM AROUND DREDGING AND NOT TO DO IT EVERY YEAR, AND FOR THEM TO BE OUT CLOSER TO THE WATER. I'M UNDERSTANDING THAT THEY'RE, THAT'S HOW THEY'RE RESOLVING THAT PROBLEM. [00:50:02] YOU HAVEN'T BEEN, BUT THAT IS, OH, I'M SORRY. WE HAVE NOT BEEN DREDGING. WE DO NOT NEED TO DREDGE AND NONE OF OUR NEIGHBORS HAVE HAD TO DREDGE THIS IS THIS, THEY'RE THE ONLY ONES THAT ARE ALLEGING THAT THEY REQUIRE DREDGING. AND THE OTHER ISSUE IS THAT THEY CAN, UM, BUILD THE, I'M SORRY, MS, I'M GONNA HAVE TO INTERRUPT YOU. IF YOU COULD JUST ANSWER A QUESTION ABOUT THE DREDGING. LESS IS MORE SOMETIMES. THANK YOU. UM, YEAH, WE DO NOT DREDGE. UM, AND NONE OF THE TWO DOCKS DOWNSTREAM OF US HAVE TO DREDGE OR THE ONES UPSTREAM. DOES THAT ANSWER YOUR QUESTION? BOARD MEMBER, KIM? YES. THANK YOU. SUPER. THANK YOU. BOARD MEMBER JUAN OLIN. THAT WAS MADAM CHAIR. THAT WAS ONE OF THE CONCERNS I HAD BECAUSE EVEN ON SHEET, UH, PAGE THREE OF SIX OF THEIR PRESENTATION, IF YOU TAKE A LOOK AT, UH, WHERE THEY'VE GOT THE, THE ACTUAL, UH, TOPOGRAPHY OR THE BI, I CAN'T REMEMBER THE NAME OF IT AGAIN. BUT, UH, ANYHOW, THE, UH, THE, YEAH, THERE YOU GO. THE, THE AQUATIC TOPOGRAPHY. UH, IF YOU TAKE A LOOK ON SHEET 3 0 6, IF YOU JUST GO TO THE RIGHT TWO, UM, TWO DOCKS DOWN, YOU CAN SEE THERE'S A, THERE'S A BOAT, A MODERN DAY WATERCRAFT SITTING RIGHT THERE WITHIN THAT AREA OF THAT THAT, UH, WHERE THEY'RE SAYING THAT THEY, THEY CAN'T GET A BOAT IN. I'M FAMILIAR WITH THIS PART OF THE, THE LAKE, BECAUSE WHEN I HAD MY BOAT, I USED TO, I DON'T LIVE THAT FAR FROM THE 360 BRIDGE, UH, RIGHT OFF 22, 22. AND UH, I USED TO GO THERE ALL THE TIME WITH MY BOAT WHEN I HAD A, WHEN I HAD MY BOAT THERE. SO I'M FAMILIAR WITH THE AREA THAT THEY'RE TALKING ABOUT. COMING AROUND THAT CORNER IS SOMEWHAT QUESTIONABLE. THE CONCERN, ONE OF THE CONCERNS THAT I HAD IS WE'RE NOT ALLOWED TO, AND I, I MAY ASK A LEGAL FOR DEFINITION HERE, BUT WE'RE NOT ALLOWED TO INCREASE A NON-CONFORMING STRUCTURE. IS THAT CORRECT? AND SO, WELL, I KNOW IT'S CORRECT. SO, YOU KNOW, , IT'S AN EXISTING NON-CONFORMING STRUCTURE AND WE'RE NOT ALLOWED TO INCREASE. A NON-CONFORMING STRUCTURE IS ADDING. AND ACTUALLY, TECHNICALLY THIS IS A THREE STORY. IF YOU TAKE A LOOK AT THE DRAWINGS, NOT A TWO STORY. NO, THIS ONE'S TWO. THE ONE THE NEXT ONE, THE ONE NEXT, THE NEXT ONE'S THREE. OKAY, WELL, I GOT 'EM BACKWARDS, BUT, UM, IS BY ADDING THE SECOND STORY ON THIS ONE, AND I MIGHT AS WELL ASK THE QUESTION 'CAUSE I'M GONNA ASK IT FOR THE NEXT ONE. IS THAT CONSIDERED INCREASING A NON-CONFORMING STRUCTURE? YES. YEAH. CAN I? NO, NO, NO. THAT QUESTION WAS NOT ADDRESSED. THAT WAS ADDRESSED TO LEGAL, UH, ERICA LOPEZ, ASSISTANT CITY ATTORNEY. I WOULD NEED TO LOOK INTO THAT QUESTION. I JUST FOR SPECIFIC FOR BOAT DOCKS? YES. OKAY. THANK YOU. UM, MADAM CHAIR, I'M GONNA LET EVERYBODY ELSE SPEAK, BUT I'M, I AM, UH, REALLY TORN WITH THIS ONE A LITTLE BIT. UH, UNTIL I FIND OUT WHETHER WE ARE INCREASING A NONCONFORMING STRUCTURE, I REALLY CAN'T SUPPORT IT. AND SO THEREFORE, IF EVERYBODY ELSE IS DONE TALKING, I'LL MAKE A MOTION TO POSTPONE, UH, BECAUSE I REALLY, UH, I WOULD LIKE TO HAVE BE BE SURE THAT WE'RE DOING SOMETHING THAT'S WITHIN OUR PURVIEW. VICE CHAIR HAWTHORNE. SO HE IS ACTUALLY BUILDING A NEW BOAT DOCK, AND HE IS DECREASING THE FOOTPRINT OF WHERE THE BOAT DOCK IS. MM-HMM . SO IT IS A NEW BOAT DOCK. SO WHILE HE HAS A BOAT DOCK IN THIS LOCATION, I'M NOT EVEN TALKING ABOUT THE OTHER ONE IN THIS LOCATION. MM-HMM . IT, IT IS 37 FEET, NINE INCHES OUT. SO HE'S PULLING IT BACK HALF A FOOT, HALF A FOOT. MM-HMM . YEAH. BUT HE'S ALSO, SO WE'RE LOOKING AT IT, GETTING RID OF IT AND BUILDING, WE'RE LOOKING AT IT, NEW CONSTRUCTION, NEW NEW CONSTRUCTION OF A BOAT DOCK IN THAT LOCATION. OKAY. SO I DON'T, SO THE CARROT IS, I HAVE A DOCK, I'M, I AM MOVING IT BACK. TBTB. YEAH. BUT I AM BUILDING A NEW ONE. IT'S NOT, SO THEN WE'RE BACK TO THE, AS OUR FORMER COMMISSIONER, BRIAN KING USED TO SAY, IS WE'RE BACK TO WHERE THEY'RE STARTING WITH THE CLEAN SLATE. TECHNICALLY CORRECT. SO THEN WE'RE TO THE DREDGE. GOTCHA. IS, IS REALLY CONTRACT. WHICH [00:55:01] IS, WHICH IS IT? BECAUSE HE COULD PROBABLY GET A PERMIT WITHOUT ANYTHING FOR A TWO STORY DOCK IF IT WERE AT 30 FEET AND GO GET THE ENVIRONMENTAL VARIANCE FOR THE OTHER, WHAT WAS THAT? SEVEN, SEVEN FEET? YEAH. OR, OR, OR, OR, THERE YOU GO. I UNDERSTAND. THANK YOU. THAT'S THE QUESTION ABOUT THE DREDGING BASED UPON THE FOOTPRINT AND ACTUALLY NOT TAKING OUT ALL THE WAY DOWN TO THE FOUR FEET, BUT JUST THE AREA, BECAUSE THE FRONT OF THE BOAT, SINCE I WAS RAISED ON A RIVER AND LIVED ON ONE, THE DRAFT IS NOT YEAH. AS CORRECT. SO YOU'RE, THUS, THAT WAS THE REASON FOR ASKING THE QUESTION ABOUT THE DREDGING IN ORDER TO DO THAT. AND THE FACT THAT IT'S IN THAT CURVE IS NOT REALLY, THAT HAS TO GO TO THE ENVIRONMENTAL BOARD AND HAS TO MEET ALL THEIR CRITERIA. UM, YES. YES. UH, I'M ALREADY LOOKING AROUND THE ROOM AND SEEING THAT NINE IS PROBABLY NOT, WE'RE NOT QUITE THERE YET. SO I'M THINKING IF YOU STILL WOULD LIKE TO MAKE THAT MOTION FOR POSTPONEMENT THAT I, I WOULD SUPPORT THAT. I, I WOULD SAY THAT THIS IS A SUPER MAJORITY BOARD, AND SO YOU HAVE TO HAVE NINE, NINE VOTES FOR AT VARIANCES TO PASS. AND AT THIS POINT, AT, AT THIS MOMENT, THERE ARE ONLY 10 MEMBERS OF THE BOARD. BUT IT'S THIS VERY STRANGE THING BECAUSE THERE'S CARRYOVERS FOR, EVEN IF THE NUMBER WENT DOWN TO EIGHT, WHICH IS IT, NEXT MONTH, IT GOES DOWN TO EIGHT. I, I HAVE A THINK LOOKING INTO THAT TOO. CLARIFY. SO, BECAUSE I DON'T KNOW, , YOU'D HAVE TO GET EVERY SINGLE ONE OF US TO VOTE IN FAVOR OF THE EXPERIENCE. AND THAT'S A LITTLE DIFFICULT TO GET A FEEL. 'CAUSE SOMETIMES WE HAVE, UM, PEOPLE REMOTELY AND KIND OF GETTING A FEEL FOR EVERYBODY HERE. SO IT MIGHT BE IN YOUR BEST INTEREST, UH, TO HOPE FOR ANOTHER MEMBER TO UP YOUR ODDS FOR THAT NINE PEOPLE. SO IT'S CERTAINLY YOUR CHOICE. OR WE COULD MAKE A MOTION TO POSTPONE IT, OR YOU COULD REQUEST POSTPONEMENT. BUT THIS APPEARED TO ME THE CLEAR CUT OF THE TWO CASES THAT YOU HAVE HERE BACK TO BACK. MM-HMM . UM, BUT IT'S CERTAINLY YOUR PREROGATIVE. YOU CAN ROLL THE DICE IF YOU WISH. WELL, I, I WOULD JUST ASK FOR A LITTLE BIT OF CLARITY AS TO WHAT THE REASON IS FOR POSTPONEMENT BY THE BOARD. I DON'T THINK YOU HAVE NINE VOTES. AND ALSO SO THAT YOU CAN MAYBE GO BACK AND GET SOME INFORMATION PERTAINING TO THE DREDGING, BECAUSE I, I'M SEEING THAT BEING AN ISSUE WITH SE SEVERAL OF OUR MEMBERS HERE. I'D ALSO LIKE TO KNOW IF YOU MET WITH THE NEIGHBORS, BECAUSE THERE'S, UH, QUITE A BIT OF OPPOSITION THAT WAS SENT IN. YEAH, THE OPPOSITION CAME IN, UM, PRETTY RECENTLY, SO I HAVEN'T HAD A CHANCE TO MEET WITH ALL THE NEIGHBORS. OKAY. SO SEE, THIS WOULD GIVE YOU AN OPPORTUNITY. OPPORTUNITY, MADAM CHAIR. I'LL MAKE A MOTION TO POSTPONE. I'LL SECOND IT. OKAY. SO WE HAVE A MOTION TO POSTPONE MADE BY BOARD MEMBER VON OLAND, SECONDED BY VICE CHAIR HAWTHORNE. THANK Y'ALL. THERE. ANY OTHER QUESTIONS OR DEBATE? UM, MADAM CHAIR, THEY NEED TO, Y'ALL NEED TO PUT A DATE FOR THE POSTPONEMENT REQUEST. YEAH. UH, UH, BUT JUST A MOMENT PLEASE. BOARD MEMBER BOEING, UH, YEAH, I, I WOULD LIKE TO COMMEND THE FACT THAT YOUR DRAWINGS ACTUALLY PROVIDED SOME VERY USEFUL INFORMATION. I THINK THAT YOUR REASONABLE USE REALLY, YOU SHOULD HAVE BEEN ABLE TO SAY, TELL US RIGHT UP FRONT THAT YOU WERE REMOVING AND REPLACING, UH, WITH NEW VERSUS NOT. SO IT MADE IT KIND OF, UH, JUST, I, I, I LIKE TO HAVE A LOT OF TRANSPARENCY WHEN IT COMES RIGHT DOWN TO IT. IF YOU'RE REMOVING AND REPLACING OR, OR REBUILDING, YOU SHOULD TELL US THAT VERSUS TRYING TO GO THROUGH ALL THE PROBLEMS OF JUST, UH, DEALING, DEALING WITH THAT. BUT, UH, YOUR DRAWINGS AND STUFF ACTUALLY WERE VERY CLEAR AND I, I APPRECIATE THAT. SO THANK YOU. OKAY. SO THE NEXT MEETING IS GOING TO BE SEPTEMBER 8TH, 2025. SO IS, IS THAT YOUR MOTION MEMBER [01:00:01] IN A POSTPONEMENT TO SEPTEMBER 8TH, 2025. AND, AND I, I HAVE TO THANK YOU BECAUSE I, I ACTUALLY HAD TO LOOK UP, CAN YOU SAY IT? WATER, WATER TOPOGRAPHY FOR, FOR UNDERWATER TOPOGRAPHY. BAFFLE. UHHUH. LIKE TRIC. YEAH. UHHUH. EVEN AS A SURVEYOR, I HAD TO LOOK THAT UP AND GO, WHAT THE HELL IS THIS? SO, SO I THINK WHAT WOULD BE REALLY HELPFUL IS IF YOU HAD INFORMATION ABOUT WHAT IT WOULD TAKE TO DO THE DREDGE. YEAH. UM, VERSUS THE LENGTH. AND I DO REALIZE THAT YOU ARE DECREASING ON THIS PARTICULAR ONE. YOU ARE DECREASING THE FOOTPRINT OF WHAT IS THERE NOW. UM, AND I WOULD ALSO ENCOURAGE YOU TO TRY TO TALK TO THE NEIGHBORING PROPERTY OWNERS. UH, I DON'T, YOU KNOW, UM, I'LL JUST STOP AT THAT, THAT PART OF THE SENTENCE. I WON'T CONTINUE. YEAH. I THINK WE'RE GOOD. OCCASIONALLY, I, AS I GET OLDER, I GET SMARTER. OKAY. SO AGAIN, MOTION TO POSTPONE TO SEPTEMBER 8TH, 2025. LET'S GO AHEAD AND CALL THE VOTE. TOMMY EIGHTS. YES. JEFFREY BOWEN. YES. JESSICA COHEN. YES. MELISSA HAWTHORNE. YES. YOUNG J KIM? YES. BIANCA MEDINA. AL? YES. MICHAEL VAN OLIN. YES. BRIAN POTE. YES. AND CORY ARCHER? YES. OKAY. SO BEFORE WE HEAR THE NEXT CASE, I'M GOING TO GIVE YOU THE OPTION TO POSTPONE THE NEXT CASE AS WELL. IF YOU WOULD LIKE IT. IF YOU WANT TO PRESENT. WELL, SEEING IF HOW IT'S BASICALLY IN THE SAME WHEELHOUSE AS MY FIRST PRESENTATION, UM, WE WOULD BE HAPPY TO POSTPONE. OKAY. I THINK THAT'S PROBABLY, THAT IS A WISE DECISION, A WISE DECISION. UM, SO I'LL GO [4. C15-2025-0027 Stephen Hawkins for Tom Davis Jr. 1752 Channel Road] AHEAD AND JUST MAKE A, A MOTION TO POSTPONE ITEM FOUR TWO SEPTEMBER 8TH. SEPTEMBER 8TH, 2025. AND I'LL SECOND IT. AND SECONDED. BYE-BYE. CHAIR HAWTHORNE. SO I WILL SAY YOUR PACKET IS VERY GOOD. THE ONLY THING THAT IS NOT HERE IS THE DREDGE. SAME THING. UH, FOR ITEM FOUR, POSTPONED TO SEPTEMBER 8TH. UH, LET'S GO AHEAD AND VOTE ON IT. TOMMY YATES. YES. JEFFREY BOWEN. YES. JESSICA COHEN. YES. MELISSA HAWTHORNE. YES. YOUNG CHEM? YES. BIANCA MEDINA. AL YES. MICHAEL VON OLIN? YES. BRIAN POTE. YES. AND CORY ARCHER? YES. OKAY. THESE CASES ARE POSTPONED TO SEPTEMBER 8TH, 2025. THANK MADAM MUCH. MADAM CHAIR? YES. JUST FOR LEGAL'S, UH, REFERENCE. I, I WOULD LIKE IF YOU COULD, COULD JUST MAYBE SHOOT US AN, AN EMAIL OR SOMETHING ABOUT THAT SITUATION IN CASE IT POPS UP IN THE FUTURE. THANK YOU. AND MY NAME, MADAM CHAIR. I ALSO HAVE ANOTHER REQUEST. IS IT POSSIBLE THAT WE KNOW HOW MANY PEOPLE FOR SUPER MAJORITY FOR NEXT TIME? 'CAUSE I THINK WE GO FROM 11 TO 10 NEXT MONTH, BUT THERE'S THE THREE HOLDOVER, THEN THERE'S THE HOLDOVER. THEN, YOU KNOW, LIKE, IS THAT THREE MONTHS? IS IT FIVE MONTHS? I'VE ASKED THEM TO, UH, GIVE US A WRITTEN DOCUMENT THAT WE CAN USE THAT I CAN PUT BOTH IN THE CHAIR BOOK AND ATTACHED TO OUR RULES OF PROCEDURE SO THAT WE CAN REFERENCE IT. I JUST, I, YOU KNOW, I FEEL BADLY. YEAH. I I'M STILL CONFUSED BY, SO THAT THERE'S, YOU KNOW, WE'RE 11. WE'RE 10, BUT WE'RE NINE. BUT ARE WE EIGHT? IT'S OKAY. WE GET IT IN WRITING. ALL RIGHT. UH, MOVING ON TO ITEM [5. Discussion of the July 14, 2025, Board of Adjustment activity report] FIVE, DISCUSSION OF THE JULY 14TH, 2025 BOARD OF ADJUSTMENT ACTIVITY REPORT. I, FOR ONE, WOULD LIKE TO SAY THAT THESE MONTHLY ACTIVITY REPORTS ARE AMAZING AND I JUST USE THEM TO DO OUR ANNUAL REVIEW. SO THANK YOU. OH, UH, WHILE I'M THINKING ABOUT IT, ELAINE, COULD WE GET, UH, ON THE MONTHLY REVIEW, MAYBE NOT DIRECTLY THE MONTH AFTER, BUT TWO OR THREE MONTHS AFTER, IF WE COULD START KEEPING TRACK OF THE BOARD OF ADJUSTMENT APPLICANT ASSISTANT PROGRAM CASES? 'CAUSE I HAVE TO REPORT ON THOSE NOW. YES, WE ACTUALLY ARE ALREADY DOING THAT. OKAY. IT SHOULD BE ON THIS REPORT, RIGHT? IT WAS ON THE JULY REPORT. YEAH, IT SHOULD HAVE BEEN ON THE JULY REPORT. OKAY. SUPER. THANK YOU. IT IS AMAZING. THANK YOU LADIES. YOU TAKE SUCH GOOD CARE OF US. COOL, COOL, COOL. ANY OTHER DISCUSSION? NOPE. THEN WE HAVE THE BEAUTIFUL [6. Discussion and possible action regarding the Board’s Annual Internal Review Report (July 1, 2024-June 30, 2025) to Council] [01:05:01] ANNUAL REPORT. THAT IS QUITE STUNNING. THANK YOU. THAT IS LATE. THAT WAS LATE. BUT I, YOU KNOW, IT IS QUITE LOVELY. I FEEL VERY, UH, WELL, THANK YOU. AND IT, I MEAN, FOR THOSE OF YOU WHO ARE NEW, THE ANNUAL REPORT IS A SUMMATION OF ALL THE CASES WE DID IN THE PAST YEAR. UH, IF YOU'RE BORED AND YOU REALLY WANNA DIG INTO THE ARCHIVES OF THE BOARD OF ADJUSTMENT, LOOK AT OUR ANNUAL REVIEW NOW COMPARED TO, SAY, EVEN FIVE YEARS AGO OR 10 YEARS AGO. THE VERY, VERY DIFFERENT NUMBERS. LIKE WE'RE TALKING FROM IN THE HUNDREDS OF CASES PER YEAR DOWN TO THE TWENTIES AND THIRTIES. SO IT, DO YOU THINK UNTIL MIDNIGHT LIKE WE USED TO, OR ONE O'CLOCK IN THE MORNING? YEAH, I THINK WHERE WE ALWAYS HAVE TO EXTEND THE MEETING PAST 10, NO SETBACKS EVERY TIME, EVERY NIGHT, EVERY TIME. SETBACKS WERE PROBABLY, I THINK OUR, OUR BIGGEST, OUR LARGEST NUMBER OF CASES. SO I THINK THAT'S WHAT PROBABLY CHANGED TO AFFECT IT. UH, ANY FUTURE AGENDA ITEMS OR ANNOUNCEMENTS? ALL GOOD. OKAY. WELL THANK YOU SO MUCH. EVERYONE QUICK MEETING. UH, THE TIME IS I HAVE SOMETHING TO SAY, 6:46 PM I HEREBY CALL THIS MEETING ADJOURNED. THANK YOU VERY MUCH. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.