* 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. [00:00:04] EVENING [CALL TO ORDER] EVERYONE. THE TIME IS 5:37 PM ON SEPTEMBER 8TH, 2025. I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER. WE HAVE A QUORUM. LET'S CALL THE ROLL. TOMMY A, IS HE HERE? YES. BOARD MEMBER A. WE ARE NOT HEARING YOUR AUDIO. UH, I HEARD IT FOR A SECOND, BUT NO, STILL NOTHING. CAN YOU MUTE IT? THERE YOU GO. THERE WE GO. THERE YOU GO. OH, . DON'T MOVE. WHATEVER YOU DID. THAT'S PERFECT. . OKAY. JEFFREY BOWEN. HERE. SAMIR BARING. HERE. BIANCA MEDINA. LEAL. HERE. YOUNG J KIM. HERE. BRIAN POTI. HERE. MAGGIE TON. HERE. MICHAEL VAN OLIN IS OUT. AND WHO'S FILLING IN? COREY? YEP. HERE. UH, COREY ARCHER MCCLELLAN HERE. OKAY. AWESOME. IS THERE ANY PUBLIC COMMUNICATION? MADAM CHAIR, YOU DIDN'T CALL MADAM VICE CHAIR HAWTHORNE. SORRY. YOU DID NOT CALL MADAM CHAIR. OH. OR MYSELF. VICE CHAIR HAWTHORNE HERE. AND I'M YOUR CHAIR. JESSICA COHEN. I'M HERE. YEAH. THANK, THANKS FOR THAT, ELAINE. APPRECIATE IT. UH, IS THERE ANY PUBLIC COMMUNICATION? NO, MA'AM. OKAY. MOVING ON [APPROVAL OF MINUTES] TO ITEM ONE, THE APPROVAL OF THE MINUTES FROM THE BOARD OF ADJUSTMENT MEETING ON AUGUST 11TH, 2025. DO I HAVE A MOTION? MOTION TO APPROVE. SECOND. IS THERE ANY DISCUSSION? OKAY. AGAIN, THAT WAS A MOTION TO APPROVE MADE BY VICE CHAIR HORNE, SECOND BY A BOARD MEMBER ARCHER MCCLELLEN. DID, DID I ASK YOU THIS LAST TIME? MCCLELLAN. OKAY. BY BOARD MEMBER MCCLELLAN, TOMMY AES? HERE, UH, THIS IS ON THE MINUTES. OH, YES. EXCUSE ME. I'M SORRY. BEARING, YES. JEFFREY BOWEN. YES. JESSICA COHEN. YES. MELISSA HBO. YES. YOUNG J KIM? YES. BIANCA MEDINA. AL? YES. THAT'S BRIAN PETIT? YES. MAGGIE STONY. UH, I'LL ABSTAIN. OKAY. AND CORY MCCLELLAN? YES. OKAY. THAT, THOSE MINUTES ARE ACCEPTED. OKAY. MOVING ON [2. C16-2025-0005 Jonathan Perlstein for Elizabeth McFarland 4700 Weidemar Lane ] TO THE PUBLIC HEARINGS. WE'RE GOING TO START WITH ITEM TWO, WHICH IS A NEW SIGNED CASE. JUST A REMINDER TO THE BOARD, OR FOR THOSE OF YOU THAT ARE NEW, THIS IS A CASE THAT DOES NOT REQUIRE A SUPER MAJORITY. IT ONLY REQUIRES A SIMPLE MAJORITY TO PASS. IN THIS CASE, IT WILL BE SIX. THIS IS GOING TO BE C 16. MADAM CHAIR, I'M NOT GONNA PARTICIPATE IN THIS CASE, SO I'M GONNA GO OUT TO THE LOBBY. OKAY. LET'S SHOW VICE CHAIR HAWTHORNE UPSTANDING FROM THIS CASE. MADAM CHAIR. ALSO, YOU NEED TO, UM, HAVE THEM ALL SWORN IN. MAN, I'M JUST OFF MY GAME TONIGHT. THANK YOU. UH, ELAINE, I PROMISE Y'ALL IT IS USUALLY WAY MORE ORGANIZED THAN THIS. I EVEN HAVE A BOOK THAT TELLS ME WHAT TO DO. SO, REAL QUICK, I DON'T THINK WE'RE GONNA NEED IT, BUT IF THE CASES GO LONG, WE DO RECESS ABOUT 8:00 PM A COUPLE OF QUICK NOTES. PLEASE TURN OFF YOUR CELL PHONES OR PUT THEM ON VIBRATE AFTER YOUR CASE IS HEARD. IF YOU HAVE ANY QUESTIONS, PLEASE GO OUT TO THE LOBBY TO DISCUSS. YOU CAN CONTACT ELAINE TOMORROW VIA EMAIL OR PHONE. UH, WHEN YOU'RE ADDRESSING THE BOARD, PLEASE SPEAK DIRECTLY TO THE BOARD IF THERE IS OPPOSITION OR IN FAVOR. DO NOT SPEAK TO EACH OTHER, ONLY TO THE BOARD, UH, PARKING [00:05:01] TICKETS. SO FOR YOUR PARKING VALIDATION WHEN YOU CAME INTO THE GARAGE, YOU SHOULD HAVE GOTTEN A PRINTED QR CODE. UH, UP HERE BY WHERE YOU CAME IN ON THIS STONE WALL, ARE SOME SECONDARY QR CODES THAT ARE SMALLER. WHEN YOU LEAVE THE PARKING GARAGE, YOU'LL SCAN THE TICKET IT GAVE YOU, AND THEN YOU'LL SCAN THAT TINY QR CODE AND IT WILL VALIDATE YOUR PARKING. OKAY. FOR ANYONE WHO IS GOING TO BE GIVING TESTIMONY BEFORE THE BOARD TONIGHT, I NEED YOU TO PLEASE STAND AND TAKE YOUR OATH. AFFIRMATION. DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? OKAY, THANK YOU. OKAY. WE'VE DONE THE MINUTES. NO STAFF PRESENTATIONS. NOW. SIGN CASE ITEM TWO C 16 20 25 0 0 0 5. JONATHAN PEARLSTEIN FOR ELIZABETH MCFARLAND. 4 7 0 0. WE DEMAR LANE. UH, COME ON UP TO ONE OF THE SMALL TABLES SLASH BLOCKADE AND PICK A MICROPHONE. PUSH THE BUTTON. OKAY. UH, AND IS THIS THEIR PRESENTATION? YES. OKAY. UH, YOU'LL HAVE FIVE MINUTES. PLEASE STATE YOUR NAME FOR THE RECORD. UH, JONATHAN PEARLSTEIN FOR A TEXT. MEDICAL CONSULTANTS. UM, YEAH, SO THE, UM, MY PRESENTATION IS PRETTY SELF-EXPLANATORY. SO ON THE, UH, SITE MAP, YOU CAN SEE THE, UH, SIGNS ON THERE, WHICH IS THE RED MARKS THAT WE'RE ASKING FOR THE VARIANCE FROM, UM, ON THIS, THE BUILDING FACE AREA THAT WE'RE TALKING ABOUT, IT'S OVER 35,000 SQUARE FEET. UM, IF YOU WANT TO GO TO THE NEXT PICTURE, SO THAT, THAT IS THE SIGN, UM, THAT WAS UP ON THE TOP PART FACING 35 I 35. AND, UH, UM, SHELBY LANE. UM, NONE OF THE SIGNS FACE THE RESIDENTIAL SIDE. THEY'RE ALL, UM, CSC, UH, CS, UM, CO AND LI AND CSNP. WE DID, UH, SPEAK TO THE NEIGHBORHOOD ASSOCIATION. MARIO CANTU, I THINK HIS NAME WAS IN, IN, WE WAS IN SUPPORT OF IT. UM, UM, NEXT, NEXT SLIDE. AND THAT'S, UH, THE SIGN. CAN YOU SPEAK UP A LITTLE BIT? I'M HAVING A HARD TIME HEARING YOU. YEAH, SORRY. I JUST GOT OVER A HORSE THROAT. UM, THAT'S THE SIGN FACING SHELBY LANE. AND THEN THE NEXT ONE, AND THAT'S THE SHELBY LANE SIGN AND GO TO THE NEXT ONE. AND THAT'S THE DIRECTION IT FACES TOWARDS 35 OF THAT SIGN. AND THEN THE NEXT SIGN IS, UH, IT'S IN A LINE, A KIND OF A, UM, IN A, IN A CORNER AREA FACING SOUTH. UM, IF YOU GO TO THE NEXT SIDE, THAT'S, THAT'S THIS SIDE, THAT, AND THE NEXT ONE, SORRY. AND YOU CAN SEE IT UP THERE ON THE RIGHT IN THE LITTLE CANTILEVER SIDE. AND THIS IS ON WEDEMEYER AS WELL. UH, NEXT SLIDE. AND THERE YOU CAN SEE IT ON WEDEMEYER LANE. AND THEN THE NEXT SLIDE. AND THAT'S THE WAY IT FACES. AND YOU CAN SEE IT BLOCKS OUT THE PARKING GARAGE THERE AND THE BUILDING BLOCKS OUT ANY LIGHT THAT WOULD COME FROM, YOU KNOW, TO THE RESIDENTIAL AREA ON THE OTHER SIDE AND THE NEXT ONE. OKAY. YEAH, THAT'S IT. ALL RIGHT. THANK YOU VERY MUCH. AND THEY ARE, UM, I DIDN'T GET A CHANCE TO PUT IT IN THERE, BUT THEY ARE HALO LIT SIGNS. UM, BACK LIT SIGNS IS KIND OF WHAT THEY LOOK, I DON'T KNOW IF YOU WANNA SEE THIS, BUT THIS IS WHAT THEY LOOK FOR. UNFORTUNATELY, BECAUSE IT'S NOT IN THE BACKUP, WE CAN'T LOOK AT IT. THAT'S OKAY. BUT YOU HAVING SAID THAT, THOSE ARE BACKLIT SIGNS. YEAH. IS PART OF THE RECORD. OKAY. YEAH, THEY'RE HALO BACKLIT SIGNS. OKAY. IS THERE ANY OPPOSITION? SEEING NONE. LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING. OPEN IT UP TO DISCUSSION QUESTIONS. BOARD MEMBER PETITE, I, I NOTICED IN YOUR BACKUP YOU HAD EXAMPLES OF OTHER SIGNS THAT WERE LARGER, UH, AND IN PREEXISTING HAD HAD A WHAT? I'M SORRY. SO IN, IN THE BACKUP, THERE ARE LIKE EXAMPLES OF OTHER SIGNS ON RIVERSIDE YES. WITH LARGER SIGNS. YES. DID THOSE NOT REQUIRE VARIANCE BECAUSE THEY WERE IN COMMERCIAL ZONING, OR WHAT, WHATS THE THAT'S, THAT'S [00:10:01] CORRECT. YEAH. OKAY. SO IT'S JUST MF SIX THAT REQUIRES THIS. IT WAS JUST SHOWING THE SIZE OF IT COMPARED TO THE BUILDING. GOTCHA. YEAH. I, I WAS SURPRISED THAT THERE WAS EVEN, IT WAS EVEN NECESSARY TO GET A VARIANCE FOR THIS. UM, BUT YEAH, IT'S JUST, YEAH, THIS PARTICULAR PROJECT HAD TO GO TO COUNCILS FOR SPECIAL APPROVAL AND STUFF LIKE THAT, SO, YEAH. I GOTCHA. THANK YOU. BOARD MEMBER BOWEN, UH, I WAS HAVING A HARD TIME HEARING YOU. UH, YOU DID SAY THAT YOU HAD TALKED TO THE NEIGHBORHOOD? YES. YES. AND WHAT WAS THEIR RESPONSE? THEY WERE, THEY WERE FINE WITH IT. NONE OF THE SIGNS AFFECT THERE. NO LIGHT POLLUTION WOULD AFFECT THE RESIDENTIAL AREAS. OKAY. YOU ARE AWARE THAT THERE'S A, IN THE BACKUP THAT YOU DID GET A LETTER OF OPPOSITION FROM SOMEBODY IN THE NEIGHBORHOOD? OH, I'M NOT SURE. I SPOKE TO THE, I, I'M NOT AWARE OF THAT. I SPOKE TO MARIO CANTU, WHO'S THE NEIGHBORHOOD ASSOCIATION PERSON WHO CONTACTED ME. OKAY. UM, AND AGAIN, NONE OF THESE SIGNS, UH, FACE ANY OF THE RESIDENTIAL AREAS, THEY ALL FACE COMMERCIAL AREAS. YEAH, NO, I, I UNDERSTAND THAT. THANK YOU, SIR. APPRECIATE IT. YES, SIR. UM, I THINK THAT'S ALL I'VE GOT RIGHT NOW. UH, JUST FYI, THAT BACKUP WAS FILED TODAY IS LATE BACKUP, WHICH IS PROBABLY WHY YOU HAVEN'T SEEN IT YET. BUT THERE IS A LETTER OF OPPOSITION. OH, OKAY. VIRTUAL MEMBERS. I DON'T THINK I SAW THE LETTER. UM, IT WAS JUST FILED TODAY, YOU SAID, UH, IF YOU GO TO AUSTIN TEXAS.GOV/BOA, UH, CLICK ON THE MEETING DOCUMENTS, IT'LL BE UNDER ITEM TWO, UH, LATE BACKUP SEPTEMBER EIGHT. AND IT'S A STANDARD LETTER OF OPPOSITION. THE PRIMARY CONCERN SEEMS TO BE LIGHT POLLUTION. OH, I SEE IT NOW. THANKS. SURE, SURE. I DID HAVE A COUPLE OF QUESTIONS. IS IT ALSO YOUR INTENT TO LIGHT THE LEASING OFFICE SIGN? THE, THOSE, THOSE DIDN'T REQUIRE, THOSE DIDN'T, THOSE WERE UNDER 35 SQUARE FEET. OKAY. YEAH. SO YES. YES. I'M LOOKING FOR LIKE ADDITIONAL LIGHT. YES. I MEAN, IT'S TOUGH. A BUILDING THIS SIZE, UH, SEEMS TO ME ANYTHING YOU PUT ON IT, IT'S GONNA LOOK LIKE A POSTAGE STAMP UNLESS IT'S, YOU KNOW, A COUPLE HUNDRED FEET WIDE. UM, YEAH. YES. WOULD YOU BE OPEN TO A CONDITION LIKE DARK SKY COMPLIANT LIGHTING OR, UH, A TIMER THAT TURNS IT OFF AT LIKE MIDNIGHT? UM, I DON'T BELIEVE THAT THAT'S A, FOR THE LEASING SIGNS FOR ALL THE SIGNS OR, UM, ESPECIALLY THE ONES THAT ARE GONNA BE AT THE TOP OF THE BUILDING. YEAH. SO THE, THESE SIGNS ARE NOT THE, THE HALO BACKLIT. THEY DON'T CREATE ANY, ANY, WE DIDN'T, UM, THEY DIDN'T EVEN REQUIRE PHOTOMETRICS BECAUSE THEY CREATED NO LIGHT POLLUTION. ALL THE LIGHT POLLUTION'S GONNA COME FROM THE PEOPLE'S BALCONIES AND STUFF ON THE OTHER SIDE FACING THE RESIDENTIAL AREA. AND AT NIGHT. UM, YOU KNOW, PEOPLE THAT NEED TO FIND THIS PARTICULAR PROPERTY, BECAUSE IT IS SUCH A BIG PROPERTY, THOSE SIGNS KIND OF POINTED OUT WHERE THEY ARE. IT'S GONNA BE THE ONLY PROPERTY OVER TWO STORIES FOR FIVE BLOCKS. IT'S GONNA BE HARD TO MISS. WELL, YEAH. AND LIKE I SAID, ALL OF THE, THESE SIGNS, THE ONLY REA REASON WE CAME FOR THE VARIANCE IS ALL THESE SIGNS DO FACE AREAS THAT ALL THIS TYPE OF SIGNAGE IS ALLOWED BOARD MEMBER CHAIR STONING. UM, SO I HAVE TO SAY, I'M HAVING LIKE A LITTLE BIT OF A PHILOSOPHICAL PROBLEM WITH THIS ONE BECAUSE THE, THE ARGUMENT SEEMS TO BE THAT BECAUSE YOU'RE BORDERING A DIFFERENT ZONING DISTRICT, YOU SHOULD GET THE ADVANTAGE OF THAT ZONING DISTRICT SIGNED. NO, NO, I'M SORRY. BUT IN REALITY, I MEAN, YOUR ZONING HAS A SPECIFIC SIGN DISTRICT ASSIGNED TO IT, AND I, I DON'T, I'M NOT REALLY HEARING LIKE A GOOD REASON TO CHANGE THAT. AND EVEN, EVEN THE, THE ABUTTING TERRITORY, THE ABUTTING AREA THAT YOU'RE TALKING ABOUT, YOU CAN HAVE A BIGGER SIGN THERE, BUT YOU STILL HAVE TO HAVE A LOW SIGN. THEY HAVE, THEY HAVE REQUIREMENTS ABOUT HOW HIGH THE SIGN CAN BE. SO TO ME, IT'S SORT OF LIKE YOU'RE ASKING FOR YOUR OWN SPECIAL, YOUR OWN SPECIAL TYPE OF ZONING FOR NO REAL GOOD REASON. SO, SO THIS BUILDING, THIS AREA WE'RE TALKING ABOUT IS 35,000 SQUARE FEET. SO THESE SIGNS ARE VERY COMPARABLE TO, TO THE SIGNS ON THE, ON OTHER PROPERTIES, THE SAME PROPERTIES THAT I PROVIDED IN THERE. THEY'RE NOT, WE'RE NOT GOING BIGGER OR SMALLER THAN, THAN OTHER PROPERTIES OF THIS SIZE. SO THAT, THAT'S KIND OF RIGHT. AND THEY ARE HALO. I MEAN, THEY ARE HALO LIT. SO ALL THE LIGHTING AS FAR AS LIGHTING GOES, THAT THERE'S NO, UH, LIGHT POLLUTION FROM THESE SIGNS, THE, [00:15:01] THE BACK OF THE SIZE. I WISH I WOULD'VE GIVEN YOU THIS ONE. 'CAUSE I MEAN, IT'S BARELY EVEN VISIBLE. I MEAN, EVEN NOT TALKING ABOUT THE LIGHT, THE LIGHT POLLUTION, LIKE THE SIZE ITSELF. LIKE, IT SEEMS TO ME THAT WHEN THE LAND DEVELOPMENT CODE WAS PUT TOGETHER FOR THIS TYPE OF ZONING, THEY WANTED A PARTICULAR SIZE SIGN. AND, AND THE REALITY IS THAT YOUR BUILDINGS THAT HAVE THE BIGGER SIGNS IN THE OTHER LOCATIONS ARE IN COMMERCIALLY ZONED LOCATIONS. SO IT'S DIFFERENT. SO THIS SIGN WAS ALSO, UH, YOU KNOW, REVIEWED AS A COMMERCIAL PROPERTY. AND THOSE OTHER, THAT PARTICULAR MULTIFAMILY IS FOR LIKE, SMALLER SIZE APARTMENT COMPLEXES, LIKE GARDEN STYLE, APARTMENT COMPLEX, SMALLER SIZE, THINGS LIKE THAT, WHICH IS THE, UM, IS WHAT THAT ORDINANCE WAS KIND OF DESIGNED FOR. IS THAT, IS THAT YOUR THOUGHT, MADAM CHAIR? I'M CURIOUS WHAT YOU THINK. YOU JUST MAKING AN ARGUMENT AS TOWARDS INTENT. WE, THAT'S NOT SOMETHING WE CAN REALLY TAKE INTO CONSIDERATION BECAUSE WE ARE A QUASI-JUDICIAL BOARD. WE CAN ONLY FOLLOW WHAT'S SET OUT IN ORDINANCE. YEAH. I JUST, I'M NOT AS MUCH AS IT'S APPRECIATED. YEAH. AND I, AND I GET LIKE, I, NO MATTER WHAT THE ZONING IS, SOMEONE'S GONNA BE ON THE EDGE, RIGHT? LIKE, YOU'RE ALWAYS GONNA HAVE ONE ZONING DISTRICT THAT LOOKS ONE WAY AND ANOTHER ONE THAT BUTTS UP AGAINST IT LOOKS ANOTHER WAY. AND THAT, AND I, I JUST DON'T SEE THAT, LIKE, JUST BECAUSE YOU'RE ON THE EDGE OF A DISTRICT, YOU SHOULD GET THE ADVANTAGE OF THE A BUDDING DISTRICTS ZONING SETUP. SO I, I'M GONNA BE A NO ON THIS ONE, PROBABLY, UNLESS I GET MY MIND CHANGED. BOARD MEMBER BOWEN, UH, THANK YOU. I, I REMEMBER MY OTHER QUESTION NOW, BECAUSE, UH, IN YOUR APPLICATION, BECAUSE IT IS LISTED AS MS SIX OR YEAH. MULTIFAMILY SIX. UM, IT REQUIRE, IT SAYS THAT YOU, THAT YOU'LL HAVE A SIGN AT AT YOUR APPROACHES. ARE YOU, THESE ARE ALSO ON TOP OF THOSE THAT ARE GOING ON THE APPROACHES ALSO, UH, FOR THE, THE DRIVEWAYS? OH, YEAH. THE, LIKE THE SAYING, THE GARAGE AND ALL THAT STUFF. WE, WELL, WE ONLY HAVE TWO SI, TWO LARGE, TWO SIGNS THAT ARE, UH, RIGHT ADVERTISED THE PROPERTY BECAUSE IT, IT SPECIFICALLY SAY STATES, UH, THAT, UH, THAT THERE'S SUPPOSED TO BE, UH, SIGN AREA CANNOT EXCEED 35 FEET. AND THEY'RE ALSO, THERE'S SUPPOSED TO BE AT EACH ONE OF THE CURB CUTS IS PERMITTED. SO YOU STILL HAVE THOSE TWO SIGNS, PLUS YOU'RE ASKING FOR THESE EXTRA THREE. THAT'S CORRECT. OKAY. THAT'S, YEAH, BECAUSE I'M, I'M IN AGREEANCE WITH, UM, MY FELLOW BOARD MEMBER OVER THERE ABOUT THE FACT THAT YOU'RE ZONED AS ONE THING, AND YET YOU'RE COMING AND ASKING, JUST BECAUSE YOU BACK UP TO A DIFFERENT ZONE DOESN'T MEAN THAT YOU GET THE RIGHT FOR, FOR, FOR SIGNAGE BASED UPON THE ZONE THAT IS NEXT TO YOU. SO THAT'S WHERE I'VE BEEN HAVING AN ISSUE WITH THIS, UH, THIS WHOLE PROCESS. SO I AGREE THAT, UH, I'M ALMOST A NO ON THIS JUST BASED UPON OVER AND ABOVE AND USING SOME OTHER TYPE OF JUSTIFICATION, I GUESS. SORRY. YEAH. WHAT, WHAT WOULD THE HARDSHIP BE THAT YOU BUILT YOUR, A REALLY BIG BUILDING? IF I COULD JUMP IN ON THAT. WOULD YOU MIND IF I INTERRUPTED? BECAUSE I HAVE A SUGGESTION. I'M, I'M GONNA SUGGEST BECAUSE I'M, I'M STARTING TO GET A FEELING HERE THAT THIS EXPERIENCE DOESN'T HAVE THE SUPPORT IT NEEDS THAT WE POSTPONE THIS FOR A MONTH BECAUSE I, I, I DON'T HAVE A PROBLEM WITH THE SUN. I DON'T HAVE A PROBLEM WITH THE LIGHT OR THE CONDITIONS WE COULD PUT ON IT. I HAVE A PROBLEM WITH HOW I AND MY BOARD WOULD FALL INTO A PROBLEM AREA BY APPROVING THIS KIND OF HARDSHIP BECAUSE IT'S, IT'S NOT A HARDSHIP AS DEFINED UNDER STATE LAW. UM, WE CAN'T TAKE INTO ACCOUNT ANY OTHER PROPERTIES THAT HAVE SIMILAR SIGNS. EACH, EACH VARIANCE IS UNIQUE FOR THE LOT OF THE PROPERTY THAT IT'S ON. SO I, I THINK THE BEST BET RIGHT NOW WOULD BE TO POSTPONE THIS FOR 30 DAYS AND ASK YOU TO COME BACK WITH SOME DIFFERENT FINDINGS. THAT'S THE PAGE TWO OF THE APPLICATION. IT'S LIKE AS TO WHAT YOUR HARDSHIP REALLY IS. UH, IS THERE, UH, A LOT OF DISTANCE THAT WOULD MAKE WAYFINDING HARD? IS THERE, THERE, THERE COULD BE A A HUNDRED REASONS I JUST DON'T KNOW OF. BUT THE ONLY THING YOU'VE LISTED THAT, THAT IS EVEN REMOTELY, UH, A HARDSHIP WOULD BE IS, IS THAT IT WOULDN'T BE VISIBLE BECAUSE OF THE LARGE SCALE AREA OF THE STRUCTURE. UM, THE REST OF IT DOESN'T REALLY HELP THE CASE, UNFORTUNATELY, AS MUCH AS I WOULD LIKE IT TO, WE'RE, WE'RE VERY BOUND BY STATE LAW. UM, SO I'M GONNA GO AHEAD AND MAKE A MOTION TO POSTPONE THIS TO THE NEXT MEETING, WHICH IS OCTOBER 13TH. [00:20:01] 13TH, UH, 2025. IS THERE A SECOND? I DUNNO IF HE'S SECOND. OKAY. WELL, IF, IF NOT, YOU KNOW. OKAY. SO AGAIN, MOTION TO POSTPONE TO 10 13 25. LET'S TAKE THE VOTE. TOMMY YATES. YES. BEARING BARING. YES. JEFFREY BOWEN? UH, YES. JESSICA COHEN. YES. VICE CHAIR IS ABSTAINING YOUNG GKE? YES. BIANCA MEDINA. AL? YES. BRIAN PETIT. YES. MAGGIE? SHE? YES. AND CORY MCCLELLAN? YES. OKAY. SO THIS IS GOING TO BE POSTPONED TO OCTOBER 13TH. MADAM CHAIR, WHO SECOND DID THAT? UH, SECOND FOR THAT WAS TOMMY YATES. OKAY. THANK YOU VERY MUCH. THANK YOU MEMBERS. OKAY. UM, I'M GONNA JUMP IN REAL QUICK. TAKE [Items 4 & 5] A POINT OF PRIVILEGE. THE APPLICANT'S FOR ITEMS FOUR AND FIVE. UH, STEVEN HAWKINS FOR TOM DAVIS, JR. 1752 CHANNEL ROAD, CHANNEL ROAD. THAT'S C 15 20 25 0 0 2 6 AND 0 0 2 7 HAVE CALLED IN, UH, STATING THEY HAVE AN EMERGENCY AND CANNOT MAKE IT TO THE MEETING AND HAVE REQUESTED A POSTPONEMENT. UH, I KNOW WE HAVE PEOPLE HERE IN THE AUDIENCE THAT WANT TO SPEAK IN OPPOSITION. I DON'T WANT THEM TO HAVE TO SIT THROUGH ANOTHER CASE IF THEY DON'T HAVE TO. SO I WOULD LIKE TO MAKE A MOTION TO POSTPONE, UH, ITEM FOUR C 15 20 25, 2 6. AND ITEM FIVE C 15, 20 25. 2 7 2. OCTOBER 13TH, 2025. IS THERE A SECOND? I'LL SECOND THAT. OF BOARD MEMBER MCCLELLAN. AND THAT'S ME AS THE MOTION MAKER. THAT BE ITEMS FOUR AND FIVE. OKAY. ANY DISCUSSION? LET'S TAKE THE VOTE. TOMMY ES? YES. SAMIR BEHRING. YES. JEFFREY BOWEN. UH, YES. JESSICA COHEN? YES. VICE CHAIR HAWTHORN? YES. YOUNG JEW. KIM? YES. BIANCA MEDINA. LEAL? YES. BRIAN PETIT. YES. MAGGIE SHEI? YES. AND CORY MCCLELLAN? YES. OKAY. SO THIS CASE IS GOING TO BE POSTPONED TO OCTOBER 13TH, 2025. AND THANKS TO EVERYONE WHO CAME TO SPEAK TONIGHT. SORRY, YOU HAD TO COMFORT OF IT. OKAY. THANK YOU, SIR. ALL RIGHT. LET'S JUMP BACK TO ITEM THREE, [3. C15-2025-0018 Gary Cooley 3123 Edgewater Drive ] WHICH IS A NEW VARIANCE CASE. THIS IS GOING TO BE C 15 20 25 0 0 1 8. GARY COOLEY FOR THREE. 1 2, 3 EDGEWATER DRIVE. GO AHEAD AND COME UP TO THE BARRICADE. UH, PICK A MICROPHONE, PUSH THE BUTTON. STATE YOUR NAME FOR THE RECORD, AND YOU'LL HAVE FIVE MINUTES. YEAH. I'M GARY COOLEY. I'M HERE WITH MY WIFE SHERRY. AND WE'RE THE OWNERS OF 31 23. EDGEWATER. I'LL GO TO THE NEXT SLIDE. YEAH. SO, UM, THANK YOU FOR YOUR TIME. UH, YOU KNOW, REALLY AT THE HARDEST REQUEST IS RESTORING REASONABLE AND SAFE USE OF OUR PROPERTY. I'M GONNA PAUSE YOU FOR 30 SECONDS. COULD YOU TAKE THAT MICROPHONE AND JUST BEND IT A LITTLE MORE TOWARDS YOU AND YEP, THERE. THANK YOU. UH, CURRENTLY OUR HOME HAS NO COVERED PARKING, UH, WHICH MEANS CARS AND BELONGINGS ARE EXPOSED, AND MORE IMPORTANTLY, FAMILY MEMBERS HAVE TO CROSS THE YARD IN THE DARK AND IN BAD WEATHER IN ORDER TO REACH THEIR VEHICLES. AN ATTACHED GARAGE KIND OF SOLVES OUR PROBLEM BY PROVIDING SECURE DIRECT ACCESS TO OUR PROPERTY. UH, WE BELIEVE WE HAVE A UNIQUE HARDSHIP IN THE APPLICATION OF RESTRICTIONS OF LAKE AUSTIN ZONING FOR ONE ACRE, LOTS BEING APPLIED TO A MUCH SMALLER LOT, ONE THIRD OF AN ACRE. AND SECONDLY, THAT THE HOME LOCATION RELATIVE TO THE SUBDIVISION PROPERTY LINES, PUTS THE, THE CONSTRUCT, THE PRO THE HOUSE AT THE VERY BACK OF THE LOT, WHICH CREATES, UH, ADDITIONAL HARDSHIPS. UH, THE COMMUNITY IS [00:25:01] VERY SUPPORTIVE OF THE PROJECT. UH, WE'VE, UH, WENT AND TALKED TO EVERYBODY AND RECEIVED, UM, SUPPORT LETTERS FROM EVERYONE. SO WE WERE REQUESTING TWO SEPARATE VARIANCES. ONE TO INCREASE THE IMPERVIOUS, UH, COVERAGE FROM 35 TO 45%. AND THEN THE REAR INSIDE SETBACKS FROM 20 TO 10. AND FROM 10 TO FIVE, WE GO TO THE NEXT SLIDE. AGAIN, JUST A QUICK OVERVIEW OF THE PROJECT. SIMPLY LOOKING TO REMOVE AN EXISTING DECK, UH, AND THEN REPLACE THAT WITH, UM, A GARAGE AND SOME ADDITIONAL STORAGE, UH, WHICH FALLS IN LINE WITH THE SETBACKS OF THE EXISTING STRUCTURE AND JUST SIMPLY SQUARES OFF THE BUILDING. NEXT SLIDE. UH, JUST A QUICK, UH, FEW, UH, VISUALS HERE. THERE'S A VERY OBVIOUS SPOT FOR A, A GARAGE, UH, ALONG WHERE THERE'S ALREADY A DRIVEWAY THAT LEADS UP TO THAT LOCATION. NEXT SLIDE. AGAIN, A FEW ADDITIONAL, UH, VISUALS HERE, AND THEN NEXT SLIDE. AND THEN WE'LL SKIP OVER THIS ONE. THIS IS THE EXISTING STRUCTURE. UH, HERE'S WHAT THE, THE PROPOSED PROJECT IS. UH, AND AS YOU CAN SEE AT THE VERY SIMPLE, UM, FOR THE BOTTOM RIGHT, JUST ADDING TWO CAR GARAGE, UH, WITH A COUPLE STORAGE ROOMS, UH, THE ROOF LINE MEETS WITH THE EXISTING HOME. SO IT VERY MUCH FALLS IN LINE WITH THE EXISTING STRUCTURE. NEXT SLIDE. UM, SO WE WILL NEED TO INCREASE THE IMPERVIOUS BARRIER UP TO 45%. UM, THE MIDDLE COLUMN THERE REPRESENTS WHAT IT WOULD BE REQUIRED. UH, IT WOULD BE, UH, 40% WITH THE REMOVAL OF THE WOOD DECKS. IN THE ADDITION OF THE GARAGE. UH, IN OUR VARIANCE REQUEST, WE HAVE ASKED UP TO 45% JUST TO PROVIDE A LITTLE MORE ROOM, UH, AS WELL AS WE MAY WANT TO ADD SOME ADDITIONAL, UM, LANDSCAPING, WHICH WE HAVE NOT DESIGNED YET. SO RATHER THAN COMING BACK FOR ADDITIONAL VARIANCE, WE ASKED FOR AN ADDITIONAL 5% BEYOND THAT. NEXT SLIDE. UH, THE BASIS OF THE, UH, HARDSHIP IS REALLY AROUND THE APPLICATION OF LA ZONING. AS YOU CAN SEE, UH, IT IS INTENDED FOR, UH, LOTS THAT ARE ONE ACRE IN SIZE. THEY HAVE SETBACKS OF 10 AND 20 AND 35%. UH, THE PROPOSED PROPERTY IS ONLY ONE THIRD OF AN ACRE. UH, SO YOU CAN SEE THAT THOSE SETBACKS, UH, BECOME QUITE ONEROUS TO, TO A MUCH SMALLER LOT AND ARE FALL MUCH MORE IN LINE WITH SF ONE AND TWO ZONING. SO LOOKING AT THE PROPERTIES IN THE AREA, ONLY THREE OF THE NEARBY PROPERTIES EVEN MEET THE MINIMUM REQUIREMENT OF ONE ACRE. UH, 10 AND 20 FEET SEEM REASONABLE FOR A LARGE ONE ACRE LOT, BUT IF YOU WOULD APPLY THOSE TO THOSE SMALLER LOTS, IT BECOME SOMEWHAT, UH, ONEROUS FOR US TO BE ABLE TO, TO DO ANYTHING. ADDITIONALLY, 35% IMPERVIOUS COVERAGE ON THE, UH, THE ONE ACRE LOT ACCOUNT EQUATES TO 15,000 SQUARE FEET, AND WE'RE ONLY LOOKING FOR 5,000 SQUARE FEET. UH, NEXT SLIDE. THE SECOND ASPECT OF THE HARDSHIP THERE IS THAT THIS, UH, THERE WAS A PREVIOUSLY DETACHED GARAGE THAT WAS PART OF THIS PROPERTY, UH, WHEN THE PROPERTY WAS SUBDIVIDED, UH, THAT WAS TURNED INTO AN ADDITIONAL, UH, HOUSE, UH, ON ANOTHER LOT. UM, BUT IT LEFT THE CURRENT STRUCTURE, UH, POSITIONED AT THE VERY BACK END OF THE LOT AND NEAR THE PROPERTY LINES. SO, WHICH IS PRESENTING A, A BIT OF A CHALLENGE. SO, NEXT SLIDE. UH, WE HAVE APPROACHED, AGAIN, ALL OF OUR NEIGHBORS, UH, AND WE HAVE PROVIDED LETTERS OF SUPPORT, UH, AND HAVE PROVIDED THAT IN THE ADVANCED PACKAGE. OKAY, NEXT SLIDE. SO, PARDON MY ARTISTIC FLARE THERE, BUT, UH, AGAIN, THIS IS SOMETHING THAT WE FEEL IS A VERY SIMPLE PROJECT. UM, JUST WE'RE REMOVING A DECK. UH, WE'RE REPLACING IT WITH A TWO CAR GARAGE AND STORAGE ROOMS THAT WOULD ALIGN WITH THE EXISTING STRUCTURE. UH, WE DO BELIEVE THAT THERE'S, UH, A SPECIFIC, SPECIFIC HARDSHIP BECAUSE OF THE ZONING AND BECAUSE OF THE SUBDIVISION OF THE PROPERTY AND WHERE IT SITS. UM, YOU KNOW, THE, THE HOUSE WILL, WILL FALL IN LINE WITH THE CURRENT DESIGN. AND WE HAVE, UH, COMMUNITY SU, EXCUSE ME, COMMUNITY SUPPORT, UH, BECAUSE I INTERRUPTED. IF YOU NEED AN EXTRA 15 SECONDS TO LIKE WRAP IT UP. WE'VE, WE'VE TRIED VARIOUS OPTIONS, UM, TO TRY TO MAKE IT ALL FED, BUT THIS WAS THE, THE COMBINATION THAT WOULD REQUIRE THESE VARIANCES. SO WE THANK YOU VERY MUCH FOR YOUR CONSIDERATION. ALL RIGHTY. THANK YOU VERY MUCH. IS THERE ANY OPPOSITION? OKAY. SEEING NONE, LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING. OPEN IT UP TO QUESTIONS. UH, BOARD MEMBER MEDINA LEAL. THANK YOU. UM, I SAW THAT YOU REACHED OUT TO A COUPLE OF NEIGHBORS AND THEY RESPONDED IN WRITING WITH THEIR SUPPORT. I, I WAS WONDERING IF YOU WERE ABLE TO DO THE SAME WITH THE NEIGHBOR IN THE BACK THAT YOU MENTIONED IT, UM, WAS ORIGINALLY PART OF THE LOT AND THEN SUBDIVIDED 31 0 2. YEAH. I DON'T KNOW IF YOU, AGAIN, THE PRESENTATION COULD BE PULLED UP, BUT YEAH. YEAH, ABSOLUTELY. WHAT PAGE WOULD YOU LIKE? UH, GO BACK ONE. SO, UH, IF YOU LOOK AT THE MAP THERE, UH, EVERY [00:30:01] SINGLE ONE OF THOSE THAT ARE ADJACENT PROPERTIES, WE'VE REACHED OUT TO EACH ONE OF THEM AND THEY'VE PROVIDED THEIR LETTERS THERE. THERE'S A UNIQUE PROPERTY, I'M NOT SURE WHAT IT IS. IT'S ASSOCIATED WITH A WATER TREATMENT FACILITY THAT'S RIGHT BEHIND. IT'S A PUBLIC BUILDING, SO THERE'S NO ONE TO CONTACT THERE. SO, BUT EVERYBODY, YES, THE PERSON BEHIND ME THAT ORIGINALLY WAS PART OF THE, THE LANDOWNER, UH, APPROVED IT. OKAY. THANK YOU. VICE CHAIR HAWTHORNE. SO DID YOU BUY THE LOT AFTER IT WAS SUBDIVIDED? YES. OKAY. THANK YOU. BOARD MEMBER ANI. UM, SO I THINK THIS IS A PRETTY REASONABLE REQUEST. UM, I, I'M REALLY JUST CURIOUS ABOUT THAT. THE LANDSCAPING OPTIONS, THAT EXTRA 5%. COULD YOU TELL US A LITTLE BIT MORE ABOUT WHAT WOULD REQUIRE IMPERVIOUS COVER IN TERMS OF LANDSCAPING? UH, IT, IT, WE MAY BE, UH, HAVE A SLIGHTLY LARGER PATIO. UH, WE'RE GOING TO DO, UM, DEPENDS ON HOW THE DESIGN FALLS OUT, BUT A A LITTLE BIT ON THE FRONT. AND THEN ON THE SIDE WE MAY HAVE A, A LITTLE BARBECUE AREA, SO WE'RE NOT GONNA NEED THE 45%, I CAN TELL YOU THAT MUCH. UH, I JUST DIDN'T WANT TO HAVE A, A PROBLEM WITH HAVING TO COME BACK OVER ONE OR 2%. MM-HMM . GOTCHA. OKAY. THANK YOU. BOARD MEMBER BOEING? UH, YES SIR. THANK YOU. UM, I DO HAVE A QUESTION. I, I WAS LOOKING AT YOUR, YOUR, UM, SITE PLAN AND ONE PORTION. THEY WERE SHOWING A TREE BEING IN THE CORNER AT THE BACK PART OF THE LOT AND LOOKING AT YOUR PICTURES. IT WAS TAKEN OUT ALREADY. TH THOSE TREES HAD TO BE REMOVED UNDER A TREE PERMIT BECAUSE THEY WERE DISEASED AND DYING. OKAY. SO, WELL THAT WAS, THAT WAS PART OF MY QUESTION WAS WHETHER OR NOT YOU HAD HAD A, RECEIVED A PERMIT ON THE, BASED UPON WHAT SOME OF THE INFORMATION, UH, JUST TRYING TO MAKE SURE THAT THAT WAS, UH, RELEVANT TO THIS. SO TRYING TO UNDERSTAND WHAT'S GOING ON WITH THAT. UM, OTHER THAN THAT, I DON'T THINK I HAVE ANY OTHER QUESTIONS, SO, THANK YOU. VIRTUAL MEMBERS. ANY QUESTIONS? BOARD MEMBER YOUNG CHEM. SO JUST TO CLARIFY, THE GARAGE YOU'RE PROPOSING WILL SIT ON THE EXISTING, WHERE THE DECK CURRENTLY EXISTS? IT THE CORRECT, THE SQUARE FOOTAGE IS NOT INCREASING. UH, I'M SORRY, I MISSED THAT LAST PART. THE, THE SQUARE FOOTAGE, IT'S THE SAME FOOTPRINT, BASICALLY. IT, IT, IT, IT IS, UM, OVER TO THE SIDE, BUT IS, I DON'T KNOW IF WE CAN PULL UP THE, THE PICTURE. I THINK IT'S, UH, THREE OR FOUR THAT WILL THEN, UH, GO UP. ONE MORE. I THINK IT IS UP ONE MORE UP, UP. JESSICA. SORRY. UH, ONE MORE THE OTHER DIRECTION. THERE WE GO. UH, YEAH, IT, IT, IT, IT IS RELATIVE TO THE FIVE FOOT SETBACK. UM, BUT WE ARE GONNA ADD ADDITIONAL STORAGE. WE WILL TAKE IT BACK TO THE, THE 10 FOOT. SO IT IS REMOVING THE DECK AND IT IS ADDING SOME ADDITIONAL SPACE. BUT FOR THE, THE SIDE SETBACK, IT IS IN LINE AND WILL MEET EXACTLY WHERE IT IS TODAY. SO THAT'S WHAT'S INCREASING, INCREASING THE IMPERVIOUS COVER BECAUSE OF THE ADDITIONAL THINGS YOU'RE ADDING BEHIND THE GARAGE? CORRECT. THANK YOU. VICE CHAIR HAWTHORNE, SIR, WHAT YEAR WAS THE SUBDIVISION? WHEN DID THAT OCCUR? UH, 58. I BELIEVE IT WAS THE TWO LOTS SPLIT IN 1958. YES. I'D LIKE TO MAKE A MOTION FOR APPROVAL FOR THE ENTIRE 45% OR LESS. WELL, HOW ABOUT IF WE START THERE AND IF ANYBODY HAS AN AMENDMENT, YOU CAN FEEL FREE TO ADD IT. I HAVE ANOTHER QUESTION. GO AHEAD. I, I COULD NOT FIND THE LETTER FROM THE NEIGHBOR BEHIND WHICH YOU'D BE UP, UM, WHERE YOU'RE ASKING TO REDUCE THE 10 FOOT TO A FIVE FOOT 31 0 2. I SEE. FIVE LETTERS. UNLESS I'M MISSING THE SIX, IT'S BOB SKOLL. OKAY. IS IT NOT IN THE ADVANCED PACKET? NOT THAT I'M CURRENTLY SEEING, BUT I'LL LOOK AT. SO IT'S 3 1 0 2 IN NIAGARA. MM-HMM . I SEE CONRAD, LISA CROSS, ROY RYAN, AND THAT'S IT. OKAY. I I, I CERTAINLY HAVE THE LETTER. UM, [00:35:01] AND I DUNNO IF IT DIDN'T MAKE IT INTO THE PACKAGE SOMEHOW, BUT I CERTAINLY HAVE IT AND CAN PRESENT IT. AND I THINK, UH, SWEARING THAT UNDER OATH WOULD MAKE IT ACCEPTABLE. OKAY. I WAS MOST CURIOUS ABOUT THAT ONE. 'CAUSE I THINK THAT'S THE NEIGHBOR THAT WOULD BE MOST IMPACTED BY THIS. YES. YEAH, I, I, I AGREE. WHEN WE WENT AND APPROACHED HIM FOR CONSENT, HE, HE UNDERSTOOD THE SITUATION AND, AND SIGNED OFF ON IT. OKAY. THANK YOU. WHAT, WHAT WAS HIS NAME? BOB SKOLL. S-O-K-O-L, BOARD MEMBER SHERIFF STA UM, I'M MORE INCLINED TO DO A APPROVE JUST THE 40% PERSONALLY, IF ANYBODY IS ON BOARD WITH THAT. OR, OR MAYBE WE COULD DO LIKE A RAINWATER CAPTURE THING AND APPROVE THE 45%. I WILL ADMIT THAT IS SOMETHING I WAS GOING TO ASK TO BE A FRIENDLY AMENDMENT. UH, IF YOU'RE GONNA DO REDWATER CAPTURE, I WOULD SUGGEST 41% BECAUSE THEY'RE STILL GONNA HAVE A, HAVE TO HAVE A SLAB TO PUT THE AS CISTERNS ON. OKAY. I OFFER THAT AS A FRIENDLY AMENDMENT. UH, IT HASN'T BEEN SET YET. I CAN GET A SECOND. SO SECOND. OKAY. SO SECONDED BY JEFFREY BOWEN. DOES ANYBODY HAVE ANY, I I DO HAVE A QUESTION I READ THROUGH, SINCE YOU'RE KIND ENOUGH TO GIVE ME THE AUSTIN LAKE ESTATES DOCUMENT IN THIS DOCUMENT, IT ACTUALLY CALLS OUT A 10 FOOT SETBACK ON THE INTERIOR SIDEWALK. AND YOUR HOUSE IS ALREADY BUILT TO THE BACK AT A 10 FOOT. I DON'T HAVE AN ISSUE WITH THAT. SO I'M WONDERING, SIR, IN LOOKING AT THIS DOCUMENT WHERE IT CALLS OUT A 10 FOOT INTERIOR SIDE SETBACK, ARE THERE OTHER HOUSES IN THIS VICINITY THAT ALSO HAVE A FIVE FOOT SETBACK? UH, I HAVE SEEN OTHER HOUSES THAT ARE RIGHT ON THE PROPERTY LINE. I COULD SAY I HAVEN'T MEASURED THEM ALL. IT'S AN OLDER SUBDIVISION. SO IT'S, IT'S, IT'S A BIT OF . IT PROBABLY THE WILD WEST THERE. IT'S A LOT OF DIFFERENT PROPERTIES AND IN A LOT. SO I JUST AM ASKING THE QUESTION, UH, THAT IS YOUR RESTRICTION TO BEAR. SO IF IT IS AN ISSUE FOR YOU TO HANDLE IT LATER, THEN YOU SHALL. ALL RIGHT. IF, ARE YOU READY? DO YOU ACCEPT THE FRIENDLY AMENDMENT OR DO YOU WANNA, HOW ABOUT IF I GET THE FINDINGS OUT AND THEN WE CAN ROCK PAPER SCISSORS OVER THE AMENDMENT? 'CAUSE I HEARD 40, 41 RAIN WATER. NO RAIN WATER, BECAUSE WE HAVE TO HAVE THE MOTION SETTLED BEFORE WE CAN DO FINDINGS. WE TAKE AMENDMENTS. BUT WHAT IS YOUR FRIENDLY AMENDMENT BOARD MEMBER? MY AMENDMENT IS 41% WITH RAINWATER CAPTURE, PLEASE. THANK YOU. . QUESTION FOR LEGAL. SO I HAVE A MOTION AND A SECOND. CAN I PROCEED WITH FINDINGS ON THE MOTION AND THE SECOND AND THEN ENTERTAIN AMENDMENTS AFTER? OR DID THE AMENDMENTS HAVE TO COME BEFORE I ACTUALLY MAKE MY REASONING? ERICA LOPEZ, ASSISTANT CITY ATTORNEY. I WOULD RECOMMEND THAT THE BOARD HEAR THE FINDINGS FIRST, AND THEN HAVE THE MOTION ON THE TABLE AND THEN AMEND THE MOTION. OKAY. OR, BUT DISCUSS, THAT'S NO LONGER A FRIENDLY AMENDMENT. THAT'S AN ACTUAL AMENDMENT TO A MOTION FRIENDLY AMENDMENT IS ACCEPTED BEFORE THE MOTION IS VOTED ON. WELL, I JUST, I HAVE A LOGIC TO MY MOTION THAT MIGHT YEAH, NO, THAT, THAT'S FINE. SAY NO, YOU DON'T ACCEPT THE FRIENDLY AMENDMENT AND WE'LL JUST DO IT AS AN AMENDMENT. IT'S FINE. OKAY. GO AHEAD. FINDINGS. I'M JUST GONNA PROCEED AND THEN THANK YOU ERICA. WE CAN GET THERE. I'M NOT OPPOSED TO THE IDEA. I JUST, WHAT IS IN MY MIND IS NOT ANYTHING THAT WE'VE DISCUSSED, BECAUSE [00:40:01] THIS IS AN OLDER SUBDIVISION. THIS WAS LIKELY ZONED TO SF TWO AT THE POINT WHERE THE BUILDING WAS BUILT. AND SF TWO HAS A 10 FOOT SETBACK, HAS A, HAS A 10 FOOT REAR SETBACK, HAS A FIVE FOOT SIDE YARD SETBACK, AND HAS A 45% IMPERVIOUS COVER. AND SO HE GOT IN THE LAKE AUSTIN OVERLAY NOW, BUT HE DOESN'T MEET THE CRITERIA. SO THIS WAS ALL MY LOGIC, BUT, ALL RIGHT. REASONABLE USE ZONING REGULATIONS. APPLICANT PROPERTY DO NOT ALLOW FOR A REASONABLE USE AS THE SUBDIVISION OCCURRED IN THE LATE FIFTIES AND WAS LIKELY ZONED SF TWO AT THE TIME THAT IT, IT WAS ACTUALLY CONFIGURED AND IS A SMALLER LOT AND NOT ACTUALLY SUBDIVIDED IN ALIGNMENT WITH THE LA ONE ACRE LIMITATION. UH, THE HARDSHIP FOR WHICH THE VARIANCES REQUEST IS UNIQUE TO THE PROPERTY AS YOU'RE APPLYING LA ZONING IMPERVIOUS COVER AND SETBACK RULES ON SMALLER LOTS THAT WERE NOT REALLY DESIGNED FOR THAT. AND DUE TO THE SUBDIVISION THAT OCCURRED IN THE LATE FIFTIES, THE ORIGINAL GARAGE THAT WAS THERE WAS PLACED ON THE ADJACENT PARCEL PARCEL. SO IT MAKES IT HARD TO IMPROVE THE LOT. THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED. AS THE HOUSE IS SET FURTHER BACK ON THE LOT, MAKING AN ADDITION, UH, RATHER DIFFICULT BECAUSE OF THE FRONT YARD SETBACK ALSO, UH, REQUIRED AN LA ZONING. AND THERE IS AN EXISTING DRIVEWAY THAT WOULD BE IN ALIGNMENT WITH THIS PROPOSED ADDITION. AND IT DOES TAKE OUT SOME EXISTING IMPERVIOUS COVER AND ALLOWS FOR THE PLACEMENT. THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY. WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED AS THE GARAGE ADDITION WILL BE CONSISTENT WITH THE ARCHITECTURAL STYLE AND THE ROOF LINE. AND IN PARTICULAR, THE REAR SETBACK IS ALREADY AT 10 FEET. AND ALL THE ADJACENT PROPERTY OWNERS HAVE BEEN CONSULTED ABOUT THE PROJECT AND IN, AND ARE IN ALIGNMENT WITH THE VISION. THE END. OKAY. NOW YOU CAN AMEND, SO BOARD MEMBER CHAIR, STANDING NOW, YOU'D HAVE TO MAKE A MOTION, MOTION TO AMEND, AMEND, AND THEN STATE YOUR AMENDMENT. OKAY. UH, SO I MAKE A MOTION TO AMEND, UM, THE WAIT, WAIT. AMEND THE VARIANCE, AMEND THE MOTION, UM, AMEND THE CURRENT MOTION TO AMEND THE CURRENT MOTION TO APPROVE, UH, A VARIANCE UP TO 40%, UH, IMPERVIOUS, OR SORRY, 41% IMPERVIOUS COVER, UM, WITH THE CONTINGENCY THAT, UM, THE OWNERS WILL INSTALL RAINWATER CAPTURE. OKAY. DO I HAVE A SECOND? SECOND. OKAY. I'D REALLY LIKE TO HAVE THE RAINWATER CAPTURE EQUATED INTO SOME KIND OF NUMBER, UM, AT THAT POINT. SO, SO I'M, I'M OPEN TO THAT. MY, MY THINKING HERE IS THAT UNLESS SOMEONE PLEASE CHECK MY MATH, BUT EVEN THOUGH WE'RE JUST TALKING ABOUT 5%, THAT'S STILL LIKE SOMETHING LIKE 720 SQUARE FEET. SO, AND IF THAT'S WRONG, PLEASE TELL ME. BUT IT SEEMS LIKE A LOT OF AREA RIGHT, TO JUST GIVE, JUST IN CASE. SO I'M TRYING TO THAT'S FINE. REDUCE THAT. I, I, I AM OPEN TO THE AMENDMENT. I JUST WANTED TO GET MY LOGIC OUT. YEAH. AS IT WAS NOT SOMETHING WE HAD, WE WERE ALL TALKING ABOUT OR LOOKING AT IT IN THAT VIEWPOINT. UM, SO IF THAT, WELL, I, I SEE SOME QUESTIONS NOW BECAUSE WE'RE ON A, THE MOTION FOR AN AMENDMENT. WE HAVE TO OPEN IT BACK UP FOR DISCUSSION. SO BOARD MEMBER BOWEN, DID YOU HAVE A QUESTION? SO, YEAH, I, MY QUESTION IS RELATING TO THE RAINWATER COLLECTION, BECAUSE IF YOU LOOK AT THIS IN THE VERY FRONT OF THE HOUSE IS WHERE THEIR SEPTIC SYSTEM IS, UM, DUMPING TOO MUCH IN A CERTAIN AREA, LIKE THAT COULD IMPEDE THEIR CURRENT SEPTIC SYSTEM. I, I DO UNDERSTAND. I'M JUST TRYING TO GET A BETTER CLARIFICATION AS TO WHAT TYPE OF WATER COLLECTION WE'RE LOOKING FOR. BECAUSE EVEN ON THE BACKSIDE, BECAUSE IT'S VERY, IT'S VERY SHALLOW ACROSS THAT BACKSIDE, ARE WE THEN TRYING TO DIVERT TO THE, TO THE EAST SIDE OF THE PROPERTY CLOSER TO THE ROAD BECAUSE OF THE VERY SHALLOW BACK NOW? SO THAT'S MY SPECIFICALLY CA CAPTURES GENERALLY CISTERNS. LIKE OKAY, SO THAT'S YEAH. [00:45:01] WELL, A BIG GIANT BARREL. ARE WE BARREL BARREL, YEAH. IF WE'RE TALKING, IS IT IF WE RUN TYPE OF RAIN HARVESTING? YEAH, IT'S, WE WANT A CAPTURE SYSTEM. RIGHT. OKAY. SO THAT'S, I WAS JUST TRYING TO GET THAT CLARIFICATION. YEAH, AND I'M, I'M OPEN TO, I'M, I, I'M HAPPY TO SPECIFY, BUT I'M OPEN TO INPUT FROM THE BOARD MEMBERS ON WHAT THAT WOULD LOOK LIKE. OKAY. I'M GOOD. I'M JUST TRYING TO FIGURE OUT WHAT YOU WANT. SO VICE CHAIR, DID YOU WANNA CALCULATE NUMBERS ON THAT? 5,000? OKAY. WE USED TO HAVE THIS HANDY LITTLE CHART THAT, YEAH. WHATEVER HAPPENED TO THAT. YEAH, THAT WOULD BE A REALLY GOOD THING TO HAVE RIGHT NOW. SO WAIT, WHAT ARE WE TRYING TO CALCULATE? SORRY. THE, THE SIZE OF THE GALLONS OF THE RAINWATER CAPTURE REQUIRED IN ORDER TO GIVE HIM A NUMBER THAT HE HAS TO PROVIDE. BUT, YOU KNOW, 5,000 GALLONS IS A, A VERY LARGE TANK. AND, AND IF HE CAPTURED THE WATER OFF THE ROOF IN THE AREA, SO HE'S GOT A SQUARE FOOTAGE. CAN I ASK A QUESTION? YEAH. IF, IF, IF I WERE TO MY REQUEST. NO, SORRY. NO, NO. SORRY. I SHOULDN'T HAVE SAID YES. IT, IT, IT IS OUR TURN TO DISCUSS. DON'T YOU LOVE PROCEDURE ? SORRY, THAT WAS MY FAULT. I APOLOGIZE. YOU DIDN'T DO ANYTHING WRONG. IT WAS ME. WHAT'S, I MEAN, I'M ALSO OPEN TO APPROVING AN AMENDMENT TO JUST THE 40,000 AND NOT GOING ABOVE, OR SORRY, 40,000, 40%, 40% AND NOT GOING ABOVE 40%. BUT IF WE GO ABOVE 40%, I'D LIKE SOME KIND OF RAINWATER CAPTURE. WHAT WAS THE 5,000 GALLON, UH, CALCULATION BASED ON LIKE A CERTAIN AMOUNT OF RAIN. HOLD ON ONE SECOND Y'ALL. AND LET'S ADDRESS WHO WE'RE TALKING TO AND JUST DO IT ONE AT A TIME SO WE DON'T GET ANYTHING LOST. UH, BOARD MEMBER POTI. BOARD MEMBER, UH, MCCLELLAN OR ARCHER, SORRY. THAT'S MCC. MCCLELLAN OR MCCLELLAN, SORRY. UH, HOW DID YOU GET THE 5,000 NUMBER FOR THE GALLONS? UH, I PUT IN 720 SQUARE FEET, TWO GALLONS IN GOOGLE. AND THAT WAS THE ANSWER THAT IT GAVE ME. OH, SO JUST, OKAY, GOTCHA. LIKE AN DOESN'T OFFSET CALCULATION, RIGHT? YES. BOARD MEMBER STAN. YEAH. I DON'T THINK THAT IT HAS TO EQUAL, EQUAL THE AMOUNT, LIKE EQUAL THAT 5%. WHAT I WAS SAYING WITH THAT 5% OF THE PROP OF THE IMPERVIOUS COVER OR 5% IMPERVIOUS COVER WAS JUST THAT THE DIFFERENCE BETWEEN 40% IMPERVIOUS COVER AND 45% IMPERVIOUS COVER IS SIGNIFICANT. AND THEREFORE, YOU KNOW, IT WOULD BE NICE TO HAVE SOME COMPENSATION FOR THAT. JUST FOR CLARIFICATION, BECAUSE IT IS A CONDITION WE'RE IMPOSING. IT CAN BE NOT WHATEVER WE WANT IT TO BE, BUT WE CAN BE GENERIC AND SIMPLY SAY RAINWATER CAPTURE. BUT THAT MEANS, YOU KNOW, PUT A BUCKET UNDER. RIGHT. UH, THAT'S MORE WHAT I HAD IN MIND. BUT IF YOU'RE LIKE, IF YOU HAVE AN IDEA OF SOMETHING LIKE A STANDARD OH, DOES JUST HANG ON JUST A SECOND. UM, AND I WAS LOOKING THROUGH THE CHAIR BOOK TOO, AND I DON'T HAVE THAT EITHER. WE USED TO, BUT I, I'M HERE, WE MAY HAVE THE CALCULATIONS. I SWORN. SO WE HAVE A CHART FROM WATERSHED THAT EQUATES, UH, IMPERVIOUS COVER TO GALLONS. ELAINE, IF YOU HAVE THAT TOO, WOULD YOU MIND EMAIL. EMAIL? SHE'S EMAILING IT OUT. EMAIL TO EVERYBODY PLEASE. SHE'S EMAILING IT OUT. I JUST HAD HER SEND IT TO MY PHONE SO I COULD READ IT NOW. SO 700 GALLONS? 700 IN PREVIOUS COVER. SQUARE BEAT. 700 IS 1,820 GALLONS. THAT IS STILL A LOT FOR THAT ADDITION AREA BEING THAT HE'S GOT A DECK AND THAT HE'S PUTTING A STRUCTURE THERE. SO I WOULD THINK SOMETHING FAIR WOULD BE IN THE MIDDLE BECAUSE HE'S ALREADY GOT THE DECK AND HE'S PUTTING A GARAGE WHERE THE YEAH, IT GETS A LITTLE BIGGER. WOULD BE 900 GALLONS. DOES THAT SOUND FOR THE AMENDMENT MAKER TO PROVIDE 900 GALLONS OF RAINWATER COLLECTION OFF THE ROOF OR ANYWHERE? 'CAUSE HE CAN'T PUT IT IN THE FRONT. 'CAUSE THAT'S WHERE THE SEPTIC FIELD IS. SO HE IS GOTTA TAKE IT OFF THE ROOF. SO IF HE DID TWO [00:50:01] ON EACH SIDE, I'M, YEAH, I HAVE NO PROBLEM WITH 900. I'M TRYING TO FIGURE OUT WHETHER WE REALLY NEED TO HOLD HIM TO EVEN THAT HIGH NUMBER. RIGHT. OKAY. LIKE I'M, IF YOU WANNA IT'S YOUR AMENDMENT. YOU CAN, I WAS JUST TRYING TO THROW, YEAH, I DON'T THINK I, I DON'T THINK I PREFER TO SPECIFY SOMETHING LIKE THAT. I THINK I JUST WANT TO SAY HE NEEDS TO CONDUCT SOME KIND OF RAINWATER CAPTURE. SORRY, THAT'S MY COMPUTER. IT'S ALL OF US. OKAY. ARE ARE YOU ASKING TO AMEND THE AMENDMENT TO ADD A SPECIFIC NUMBER TO LEAVE IT OPEN AND GENERIC? I, I DON'T, IF YOU DON'T TELL 'EM WHAT TO DO, THEN THEY GO TO RESIDENTIAL REVIEW AND THEN THEY CALL ELAINE AND THEN ELAINE AND THEN WE TRY TO COME UP, YOU KNOW, LIKE YOU COULD GO BUY A BARREL AT HOME DEPOT. THAT'S THIS BIG. OKAY. I AT MY HOUSE HAVE ONE LOT BIGGER THAN THAT. BUT I ALSO, UH, YEAH. SO I THINK I, I'M NOT COMFORTABLE WITHOUT HAVING SOME KIND OF DIRECTION AS OPPOSED TO, SO FIRST LET ME ASK A BUCKET BOARD MEMBER. STAN, ARE YOU OKAY WITH 900 GALLONS? I, YOU CAN MAKE IT LESS. I'VE JUST GIVEN YOU WHAT WAS ON THE CHART AND MY LOGIC OR, AND I AM, I AM OKAY WITH 900 GALLONS. OKAY. YES. SO WHAT I'M GONNA ASK THEN, BECAUSE THIS HAS BEEN SECONDED, TECHNICALLY IT BELONGS TO THE BODY. BUT IF THERE'S NO OPPOSITION BOARD MEMBER, SHERIFF SONIC CAN WITHDRAW THE AMENDMENT AND REPHRASE IT WITH THE SPECIFICATION OF 900 GALLONS. DOES ANYBODY HAVE A PROBLEM WITH THAT? ANY OPPOSITION? OKAY. SO THE AMENDMENT WILL BE WITH, UH, 41% IMPERVIOUS COVER, RAINWATER CAPTURE SYSTEM OF 900 GALLONS. OKAY. AND BOARD, OH, HANG ON. BOARD MEMBER MCCLAR. I DON'T, I DON'T, SHE MAY NOT SECOND THAT ANYMORE. I DON'T LIKE THE AMENDMENT. I DON'T, I AM, I'M PREPARED TO JUST ACCEPT WHAT HE'S ASKING FOR. I DON'T THINK WE, A A 900 GALLON TANK IS GIGANTIC. WELL, IT DOESN'T HAVE TO BE A 900 GALLON TANK. IT CAN BE TWO. WHAT CAN I PROPOSE? CAN I PROPOSE JUST A, A GRANT OF 40,000 WITHOUT TALKING ABOUT THE RAINWATER CAPTURE? 40%. 40%. 40%. SORRY, I KEEP SAYING THOUSAND, 40%. 4%. YEAH. SO RATHER THAN, RATHER THAN THE 45%. 40% AND NO RAIN ISSUE. OKAY, SURE. OKAY. SO THAT'S STILL GONNA NEED A SECOND. I'LL SECOND THAT SECOND. WHO SAID FIRST? WAS THAT BOARD MEMBER PETIT? I THINK THAT WAS TOMMY. I, I, I THOUGHT LIKE HE, I THINK BOARD MEMBER BOTIE BEAT HIM TO IT BY JUST A HAIR. ANYBODY? SO TOMMY, YOU'RE GONNA HAVE TO STEP UP YOUR GAME. . IT'S, IT'S THE LAG. OKAY. SO THAT REMOVES THE RAINWATER CAPTURE. AND THIS WOULD BE JUST ACCEPTING, UH, IMPERVIOUS COVER AT 40%. OKAY. AND THAT WAS SECONDED BY BOARD MEMBER POTE. IS IS THERE ANY DISCUSSION QUESTION? I HAVE A QUESTION. DOES 40%, WOULD THAT ALLOW FOR THE GARAGE TO BE BUILT? YES. THAT'S A QUESTION FOR YOU. YES. YES. SO CAN I, IF I COULD BEFORE WE, IT'S SORRY, THIS IS THAT LESS IS MORE THING. I KNOW, BUT THIS IS THAT LESS IS MORE PART WHERE WE ALL TALK. SO I'M GONNA GIVE IT ONE MORE TRY AND I'M GONNA SAY, HOW ABOUT IF WE SPLIT THE BABY AND MAKE IT 42.5%? OKAY. SO AGAIN, THAT WOULD BE A NEW AMENDMENT. IS THERE ANY OPPOSITION TO, SO I WANNA MAKE AN AMENDMENT TO, TO, TO MY MOTION. IS THERE ANY OPPOSITION TO BOARD MEMBER CHAIR? SORRY, WITHDRAWING THAT AMENDMENT TO EDIT IT. NO. OKAY. SO NOW THIS IS A NEW AMENDMENT. I DID NOT MAKE UP ROBERT RULES. AREN'T YOU ALL GLAD YOU'RE NOT THE CHAIR? I AM REALLY GLAD I'M NOT THE CHAIR IN THAT JESSICA HAS REALLY GOOD ATTENDANCE. 'CAUSE I CAN TELL YOU I GOT A CHEAT SHEET RIGHT HERE. I ALREADY LOOKED AT WITH ROBERT. RULES OF ORDER. WE'RE RIGHT GOING. CAN I ASK A QUESTION? YES. SO [00:55:01] BOARD MEMBER HAWTHORNE, WHAT IS VICE? VICE VICE YEAR? HAWTHORNE. WHAT WAS YOUR REASON FOR CHANGING FROM 40 TO 42 AND A HALF? WELL, I STARTED AT 45. SHE WENT TO 40. NOW I'M GOING TO THE MIDDLE. 'CAUSE IF YOU, IF YOU MAKE AN ADDITION AND YOU WANNA HAVE A BARBECUE AREA OR YOU WANNA HAVE, I MEAN, IT'S NOT GOOD TO HAVE A GRILL ON THE GRASS. IT'S, IT'S USUALLY GOOD TO HAVE IT ON SOME KIND OF IMPERVIOUS, YOU KNOW, A DECK AT THE LEAST. AND IT GIVES ROOM FOR ERROR WHERE HE DOESN'T HAVE TO COME BACK. THAT IS MY LOGIC. BUT YOU HAVE, BUT INSTEAD OF ME GOING UP, YOU HAVE TO UNDERSTAND I'M GOING DOWN, NOT UP. I, I, I THINK THE ARGUMENT IS, IS BECAUSE OF THE, THE AGE OF THE SUBDIVISION. 'CAUSE IT WAS IN THE FIFTIES, UH, WHEREAS BEFORE THIS LOT WOULD'VE BEEN SF TWO. SF TWO IS ALLOWED 45% NORMALLY, WHICH IS WHERE THE 45% CAME FROM, FROM VICE HAWTHORNE. BUT TRYING TO MEET YOU IN THE MIDDLE, UH, AND NOT JUST YOU, ME AS WELL, BECAUSE I'M VERY BIG ON THESE RULES BECAUSE THESE ZONING LAWS WERE CREATED TO PREVENT RUNOFF AND DRAINAGE INTO LIKE, THIS IS AN ENVIRONMENTAL FACTOR AND, AND WHAT WE'RE DOING IS WE'RE PROTECTING THE LAKE. SO, BUT I'D BE OKAY WITH 42 AND A HALF IF YOU ARE, IT GIVES THEM A LITTLE BIT TO WORK WITH, BUT NOT JUST A WHOLE BUNCH OF EXTRA LAYING AROUND. OKAY. SO IS IS, ARE YOU OKAY WITH 42 AND A HALF? UM, FOR THE FLEXIBILITY? SURE. MM-HMM . I'M, I WAS REALLY HAPPY WITH THE RAINWATER CAPTURE AND 40%. I'M JUST KIND OF TRYING TO, IT DOESN'T PRECLUDE HIM FROM DOING RAINWATER CAPTURE BECAUSE A LOT OF US ARE VERY SENSITIVE ABOUT THE WATER. I HAVE RAINWATER CAPTURE. I'M NOT REQUIRED TO DO IT. IT DOESN'T MEAN HE CAN'T DO IT, JUST MEAN THEY'RE NOT GONNA LOOK FOR IT ON THE PLANS. YEAH. AND IT'S A GREAT WAY TO SAVE MONEY. WATERING YOUR YARD AND YOUR LANDSCAPING THAT YOU WANNA PUT IN. MA'AM. WATER THE TREES. CAN I SAY SOMETHING REAL QUICK? ABSOLUTELY. IF Y'ALL DO RAINWATER COLLECTION, Y'ALL HAVE TO BE VERY SPECIFIC BECAUSE IF NOT, LIKE MELISSA WAS SAYING, THEY'RE GONNA GO TO RESIDENTIAL REVIEW. RESIDENTIAL REVIEW'S GONNA COME TO ME AND ASK ME EXACTLY WHAT Y'ALL APPROVED. SO WHATEVER Y'ALL DECIDE, IT HAS TO BE VERY SPECIFIC. SO THERE ARE NO ISSUES IN RESIDENTIAL REVIEW BECAUSE IF THERE ARE, HE'S GONNA HAVE TO COME BACK TO YOU GUYS TO GET SOME SPECIFICATIONS. I THINK WE'RE JUST LOOKING AT 42.5% IN PREVIOUS COVER RIGHT NOW. I WAS GONNA ADD SOMETHING. I WAS GONNA GO BACK TO THE 41% WITH 400 GALLONS. I COULD DO THAT. OKAY. SO , THAT'S, THAT'S A DIFFERENT AMENDMENT ALTOGETHER. WHAT WE'D HAVE TO DO FIRST IS, IS VOTE ON BOARD MEMBER STAN'S AMENDMENT AND THAT EITHER PASS OR FAIL AND THEN YOU CAN ADD THAT ADDITIONAL AMENDMENT TO CHANGE IT DOWN TO 41. UH, WOULD YOU DO, WHAT ABOUT MY AMENDMENT TO MY MOTION? TWO AMENDMENTS ON THE MOTION BEFORE BOARD MEMBERS? UH, SHERIFF STANNIS WAS 41%. 40, 42 0.5. DID YOU AGREE TO 42.5 OR DO YOU WANT YES, I AGREED TO 42.5. OKAY, SO 42.5, NO RAINWATER CAPTURE. OKAY. I WAS SPEAKING TO HER ORIGINAL ONE OF 41%. I WAS JUST ADDING THE SPECIFIC, UM, AMOUNT OF GALLONS OF PROPOSING 400. THAT WAS A GOOD SUGGESTION. THAT'S PROBABLY WHERE I WOULD'VE GONE. THREE OR 400 GALLONS, LIKE JUST BIG TANK. BUT I THINK, UH, OH, UH, LEGAL. UH, WOULD YOU, DO YOU HAVE SOMETHING TO WEIGH IN ON, ON, ON THIS CONVERSATION? YES. UH, ERICA LOPEZ, ASSISTANT CITY ATTORNEY. I, I JUST WANNA CLARIFY, WHAT IS THE MOTION? THE MOTION THAT IS ON THE TABLE WAS VICE CHAIR HAWTHORNE'S ORIGINAL MOTION OF 45%. 45% NO CONDITIONS. NO CONDITIONS. AMENDMENT BY BOARD MEMBER SHERIFF STA THIS IS ON THE TABLE, WHICH HAS NOT YET BEEN VOTED ON. CORRECT. OKAY. 42.5%. SO THAT WOULD NEED TO BE EITHER VOTED UPON FIRST AND THEN MM-HMM . AMENDED BE YES. I JUST WANNA KEEP TRACK OF ALL YES. THE DIFFERENT MOTIONS THAT ARE, ARE GOING ON BECAUSE I KNOW THERE'S A LOT OF DISCUSSION. I TRUST ME, I GOT THIS. SOUNDS GOOD. THANK YOU. BECAUSE NOW IT'S ALL FORMAL. OKAY. SO WHAT WE, VICE HORNE, CAN I TAKE A SECOND AND EXPLAIN TO HIM ONE THING? YOU HAVE TO HAVE NINE VOTES, SO WE'RE DISCUSSING FOR YOUR BENEFIT. THANK YOU. OKAY, SO THE CURRENT MOTION ON THE TABLE IS A MOTION TO AMEND, UH, [01:00:01] FROM 45% TO 42.5% IMPERVIOUS COVER. UH, LET'S GO AHEAD ALONG WITH THE SIDE, THE SIDE AND REAR SETBACK MO REDUCTION, I'M SORRY, ALONG WITH THE SIDE AND REAR SETBACK REDUCTION ALONG WITH THE SIDE AND REAR SETBACK REDUCTION. YES. OKAY. SO LET'S VOTE ON THE AMENDMENT FIRST, WHICH IS TO CHANGE THE IMPERVIOUS COVER FROM 45% TO 42%. 42.5. 42.5%. THIS VOTE WILL BE ONLY ON THE AMENDMENT. OKAY. AND THEN WE WILL VOTE ON THE REGULAR MOTION, UH, UNLESS THERE'S A BOARD MEMBER. MCC LOOK LIKE YOU HAVE A QUESTION. THIS IS WITH OR WITHOUT THE RAIN WATER. WITHOUT, THIS IS, UH, A MOTION BY BOARD MEMBER ANI, YOU STILL SECONDING THIS? YES. SECONDED BY BOARD MEMBER POTI TO DECREASE THE MAIN MOTION IMPERVIOUS COVER FROM 45% TO 42.5%? NO. OKAY. SO LET'S VOTE ON THAT REAL QUICK. AGAIN, THIS IS JUST ON THE AMENDMENT, NOT ON THE MOTION. OKAY. OR SORRY, THE MAIN MOTION TO CLARIFY. UH, TOMMY, ITS YES. SAMIR BARING. WAIT, SO I WANNA CLARIFY. WE'RE VOTING ON THE MOTION. IT JUST LOWERS FROM 45 TO 42.5%, BUT WE'RE NOT ADDING ANY SPECIFIC RAINWATER HARVESTING REQUIREMENTS, CORRECT? CORRECT. OKAY. YES. I, I VOTE FOR THAT. OKAY. JEFFREY BOWEN, GIMME A MOMENT PLEASE. OKAY. MELISSA HAWTHORNE. YES. YOUNG JEW. KIM, JUST SO I'M CLEAR, UM, SAYING YES TO THIS, IF I STILL WANT THAT AMENDMENT AFTER THIS, WHAT, WHAT, HOW SHOULD I VOTE ON THIS? YOU WOULD MAKE A MOTION TO AMEND AND IT WOULD BE ON SOMETHING NOT IMPERVIOUS COVER. LIKE IT COULD BE RAINWATER CAPTURE IF YOU WANTED TO ADD RAINWATER CAPTURE OR IT COULD BE SOMETHING REGARDING THE SETBACKS, BUT IT COULDN'T BE FOR IMPERVIOUS COVER THEN? NO. OKAY. ACTUALLY, MADAM CHAIR, SHE CAN MAKE AN AMENDMENT FOR THE IMPERIOUS COVERAGE AS WELL. SHE CAN MAKE ANY FRIENDLY AMENDMENT TO DECREASE AS LONG AS IT DOESN'T GO OVER THE 45% THAT HE'S REQUESTING. BUT THAT WOULD JUST BE A NO VOTE ON THE CURRENT IF THE MAJORITY OF THE BOARD APPROVES. YEAH. UH, MS. LOPEZ COME UP HERE ON THAT ONE. FOR ME, WAY I'M READING THIS. IF IT'S AN AMENDMENT FOR IMPERVIOUS COVER AND WE APPROVE THAT AMENDMENT, THEN THAT MOTION STICKS WITH THAT AMENDMENT. WE CAN'T AMEND THAT PART AGAIN. NO, THAT'S, UH, NOT CORRECT. CORRECT. UM, SO I'LL, I'LL EXPLAIN THE, THE ROBERT'S RULES FOR THE MOTION AMENDING. I KNOW THERE'S BEEN A LOT OF DIFFERENT AMENDMENTS. SO YOU HAVE THE MAIN MOTION THAT, UM, UH, VICE CHAIR HAWTHORNE HAD PUT OUT ON THE TABLE. AND THEN WE HAVE THE PRIMARY AMENDMENT, WHICH IS BY, UH, BOARD MEMBER ANI THAT YOU CAN VOTE ON THEN, THEN IT WOULD BE THE, AND THEN THERE WOULD BE A SECONDARY AMENDMENT AND YOU CANNOT AMEND PAST THE SECONDARY AMENDMENT. THANK YOU. WOULD THAT SECONDARY AMENDMENT BE LIMITED TO 42.5 OR DOES IT GO BACK TO 45? IT WOULD BE ON THE MAIN MOTION. IT WOULD BE WHATEVER THE MAKER OF THE SECONDARY AMENDMENT WOULD LIKE TO MAKE. BUT YOU ARE CORRECT THAT IT WOULD MAYBE BE REOPENING THE IMPERVIOUS COVER ISSUE, BUT MAYBE THE IMPERVIOUS COVER AMOUNT WOULD BE DIFFERENT IF THERE WERE OTHER CONDITIONS PLACED ON IT. BUT YES, THE MAKER OF, IF THERE WAS A MAKER OF A SECONDARY AMENDMENT, THEY COULD CHANGE THE AMOUNT OF IMPERVIOUS COVER. BUT AS ELAINE SAID, THEY CANNOT INCREASE MORE THAN 45%, WHICH IS WHAT IS NOTICED. OKAY. THANK YOU. HOPEFULLY THAT ANSWERED EVERYONE'S QUESTION. WE'RE LEARNING SO MUCH TODAY. MM-HMM . SORRY. WE'RE LEARNING SO MUCH TODAY ABOUT ROBERT'S RULES. YES. WE DON'T USUALLY AMEND THIS MUCH. OKAY. SORRY, I DIDN'T HEAR A BOARD MEMBER, KIM, WHAT YOUR RESPONSE WAS. SO I HAD ALREADY SAID NO, BUT AFTER HEARING OUR CITY ATTORNEY, UM, I WOULD LIKE TO PROPOSE A FRIENDLY AMENDMENT. UM, IS THAT, IS THAT SOMETHING I CAN DO? WE CAN'T DO THAT AT THIS POINT. OH, I SEE. WE, WE CAN VOTE ON IT AND THEN YOU CAN ADD AN ADDITIONAL AMENDMENT. OKAY, [01:05:01] THEN I WILL SAY NO. OKAY. THANK YOU. UH, BIANCA MEDINA LEAL, I AM STILL A LITTLE CONFUSED, BUT SEEING THAT THERE'S A NO, IT DOESN'T SOUND LIKE THIS IS GOING TO MOVE FORWARD. IS THAT THE CASE? UH, WE CAN NO NEEDS NONE? NO, THERE'S ONLY ONE. NOW IT'S NINE WHERE WE'RE 10. BUT THIS IS JUST TO AMEND THE PRIMARY MOTION. IT'S NOT SAYING YES OR NO TO THE PRIMARY MOTION. IT'S JUST TO AMEND WHAT IT LOOKS LIKE. IT'S LIKE WE'RE SCRATCHING SOME MOUNT RIGHT IN. SO, BUT WE CAN'T ADD AN AMENDMENT RIGHT NOW? NO, NOT RIGHT NOW. YOU CAN DO IT AFTER THIS. OKAY. BUT IF YOU DON'T LIKE THIS AMENDMENT, YOU CAN VOTE NO ON IT AND THEN WE CAN REDO ANOTHER AMENDMENT. OKAY? NO. OKAY. BOARD MEMBER POTE? YES. MAGGIE TON? YES. CORY MCCLELLAN? YES. UH, JEFFREY BOWEN. BACK TO YOU? YES. OKAY. AND I'M GOING TO VOTE YES, BUT THAT STILL FAILS BECAUSE IT IS EIGHT TWO. SO THAT AMENDMENT DID NOT PASS. SO NOW BOARD MEMBER KIM, WOULD YOU LIKE TO PROPOSE OR BOARD MEMBER MEDINA. LIA, WOULD YOU LIKE TO PROPOSE A DIFFERENT AMENDMENT? CURRENT MOTION. MAIN MOTION IS APPROVE THE SETBACKS AND 45% IMPERVIOUS COVER, WHICH IS THE ASK. YEAH, I, I KIND OF LIKED WHERE WE WERE GOING AS A GROUP IN THE BEGINNING, LIKE A MIX OF THE TWO, A 42% AND A 300 GALLON, UM, RECAPTURE. OKAY, I'LL SECOND THAT. THAT WAS 42% AND 300 GALLON RAINWATER CAPTURE. YES. OKAY. OKAY. IS THERE, AND YOU'RE GONNA SECOND THAT VICE CHAIR, MADAM CHAIR, WHO MADE THAT MOTION THAT WAS MADE BY A BOARD MEMBER, UH, BIANCA MEDINA AL SECONDED BY VICE CHAIR MELISSA HAWTHORN KEY. AND THAT IS FOR 42% WITH A 300 GALLON CAPTURE, UH, RAINWATER CAPTURE. I THINK WE HAVE THE UT PEOPLE BACK. I THINK THEY'RE WATCHING US AGAIN WHILE WE'RE STRUGGLING THROUGH THIS. NICE TO SEE YOU. SORRY, THIS ONE'S A LITTLE PAINFUL. I KNOW Y'ALL, BUT GOVERNMENT LAKE AUSTIN ZONING IS PAINFUL IF YOU'RE NOT THE SIZE OF THE LOT AND HAVE ALL THE CONDITIONS. OKAY, SO IS EVERYONE CLEAR ON THE AMENDMENT? ARE THERE QUESTIONS? THIS IS FOR 42% WITH A 300 GALLON RAINWATER CAPTURE SYSTEM. I DON'T KNOW IF I WOULD PUT THE WORD SYSTEM IN IT. OH, 300 GALLONS GALLON RAINWATER. CAPTURE, CAPTURE. AND I GOT A QUESTION. SO WE ASKED THIS EARLIER, 40% WILL LET HIM BUILD WHAT HE WANTS TO DO, BUT EVEN IF THE OWNER ONLY USES 40%, THIS, IF WE WERE TO GRANT THIS, UH, WITH THE AMENDMENT, WE'RE STILL REQUIRING THE RAINWATER HARVESTING AT 300, AT 300 GALLON TANK, EVEN IF HE ONLY STAYS TO 40%. CORRECT. OF IMPERVIOUS COVER. OKAY. QUESTION BOARD MEMBER BOWEN. OKAY. I'M LOOKING AT THE APPLICATION AND ON PAGE 12, IT, HE HAS DOWN THERE HE IS GOT HIS FRONT YARD CALCULATIONS, HE'S GOT HIS INTERIOR SIDE YARD CALCULATIONS. HE'S GOT HIS REAR YARD CALCULATIONS. I'M NOT SEEING ANYTHING FOR THE EXTERIOR SIDE YARD, WHICH WOULD PROVIDE, BASED UPON JUST LOOKING AT THE ROUGH DIMENSIONS THERE, THAT THAT WOULD PROVIDE MORE THAN ENOUGH, UH, FOR HIS IMPERVIOUS COVER. 'CAUSE HE'S JUST GOT, HE ACTUALLY, YOU, YOU DO NOT HAVE THAT ON THAT OTHER SIDE OF WHAT THAT THE ROADSIDE SIDE LISTED, WHICH WAS THAT ACCIDENTAL, UH, NOT AN EXPERT IN THIS AREA. SO I'M NOT SURE HOW TO RESPOND TO THAT. WELL, I'M JUST, I'M JUST ASKING THAT BECAUSE YOU'RE SHOWING, YOU'RE ONLY SHOWING ACTUALLY THREE PORTIONS OF YOUR YARD FOR YOUR IMPERVIOUS COVER VERSUS THE FOUR SIDES OF YOUR YARD OF IMPERVIOUS COVER. WHICH WERE YOU SEEING THAT MAYBE IT'S ON PAGE 12 OF YOUR APPLICATION, PAGE 12 OF 22, THE PRESENTATION OR THE, UH, YOUR APPLICATION. SO IT'D BE THE ADVANCED PACKET CARD. I'M JUST TRYING TO MAKE SURE I GOT THAT [01:10:01] CLARIFIED BECAUSE, UH, I'M JUST TRYING TO MAKE SURE THAT, THAT THE CLARIFICATION THERE. 'CAUSE I REALIZE YOU'RE AT 40% WITH WHAT YOU'VE GOT. YOU'RE TALKING ABOUT, I'M JUST TRYING TO MAKE THIS AS, AS SIMPLE AS POSSIBLE WITHOUT ADDING A BUNCH OF EXTRA CAVEATS. YEAH, I GONNA SAY THAT THE PERCENTAGE WAS BASED ON THE, THE, BASED ON THE SURVEY AND THE ON THE SURVEY WAS PROVIDED. OKAY. SO I, I'M HAVING TO ASSUME THAT THE SURVEY PICKED EVERYTHING UP AND SO IT WAS A SURVEY THAT ACTUALLY DID TO YOUR, IN PREVIOUS COVER CALCULATIONS. YES. OKAY. THAT'S, THAT, THAT, THAT HELPS. THANK YOU SO MUCH, SIR. ALL RIGHT. DO YOU, ANY OTHER QUESTIONS? OKAY. SO AGAIN, THIS IS THE PRIMARY AMENDMENT TO THE MAIN MOTION, 42% IMPERVIOUS COVER, 300 GALLON RAINWATER CAPTURE. LET'S GO AHEAD AND VOTE ON IT. TOMMY YATES? YES. OKAY. SAMIR BARING. YES. JEFFREY BOWEN. YES. JESSICA COHEN. YES. MELISSA HAWTHORN. YES. YOUNG J KIM? YES. BIANCA MEDINA. LEAL? YES. BRIAN POTID. YES. MAGGIE SHERIFF? YES. AND CORY MCCLELLAN? YES. OKAY. SO NOW WE ARE BACK TO THE MAIN MOTION, WHICH HAS NOW BEEN AMENDED. SO THIS IS, IT WAS ORIGINALLY 45%, BUT NOW THIS IS GOING TO BE THE SIDE AND REAR SETBACKS ALONG WITH 42% IMPERVIOUS COVER AND 300 GALLON RAINWATER CAPTURE. IS EVERYONE CLEAR ON THE MOTION? OKAY. LET'S GO AHEAD. AND THIS WILL BE TO APPROVE THE VARIANCE. SO LET'S GO AHEAD AND VOTE ON THAT. TOMMY YATES? YES. BEARING BARING. YES. JEFFREY BOWEN. IT'S 42 AND A HALF. 42. 42. 42. 42. 42. 42. 42. IT'S THE HITCHHIKER'S GUIDE TO THE GALAXY. THE ANSWER TO ALL 42. OKAY, WELL, I WANNA MAKE SURE YES, BECAUSE I 42 AND HALF, I HEARD 40 BACK. 42%. 300 GALLON RAINWATER CAPTURE. ALL RIGHT. IT JUST DAWNED ON ME. YEAH. 42 WE'RE GOOD. YES. UH, JESSICA COHEN? YES. MELISSA HAWTHORNE. YES. YOUNG J KIM? YES. BIANCA MEDINA. LEAL? YES. BRIAN POTE. YES. MAGGIE ANI. YES. AND COREY MCCLELLAN? YES. OKAY. CONGRATULATIONS. YOUR VARIANCE IS GRANTED. THANK YOU. THANK YOU VERY MUCH. THANK YOU FOR YOUR PATIENCE. THANK YOU. WHEW. THAT WAS FUN. NOW THAT WAS SOME, I HAD TO BREAK OUT MY ROBERT RULES OF ORDER. ELECTRONIC GUIDE. WELL, YOU KNOW, WHEN SHE COMES AND GIVES US THE EYE, YOU KNOW, WE'RE GETTING CLOSE. OKAY. SO NOW ITEM [6. Discussion of the August 11, 2025, Board of Adjustment activity report] SIX, UH, DISCUSSION OF THE AUGUST 11TH, 2025 BOARD OF ADJUSTMENT ACTIVITY REPORT. GREAT JOB. BEAUTIFUL AS ALWAYS, LADIES. THANK YOU. IT'S CRAZY INFORMATIVE. LIKE IF Y'ALL EVER, LIKE, JUST WHEN YOU'RE LOOKING AT THE BACKUP, LIKE GET BORED AND WANNA SEE THE KIND OF WORK WE'RE DOING. THIS IS IT. IT'S A, IT'S A SUMMARY OF ALL OUR YESES. UH, UH, HOW WE'VE BECOME MORE OF A YES BOARD THAN A NO BOARD, WHICH I'M PROUD TO HELP TAKE CREDIT FOR. LIKE, WE WORK WITH PEOPLE, WE HELP THEM GET WHAT THEY NEED WHEN THEY HAVE A HARDSHIP. VERY. YEAH. NO, IT'S BORING. OKAY. GREAT JOB GUYS. GREAT JOB. AND THEN FUTURE [FUTURE AGENDA ITEMS AND ANNOUNCEMENTS ] AGENDA ITEMS OR ANNOUNCEMENTS? WE ARE GONNA HAVE A NEW BOARD MEMBER FOR, UH, YES, WE ARE GETTING A NEW BOARD MEMBER FOR DISTRICT SIX. SURPRISE SURPRISE. OKAY. GOING ONCE, GOING TWICE. THE TIME IS 6:51 PM I HEREBY CALL THIS MEETING ADJOURNED. THANK YOU EVERYONE. THANK YOU. * 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.