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[CALL TO ORDER ]
IT IS 5 35.WELCOME TO THE BOARD OF ADJUSTMENTS MEETING FOR MAY 11TH.
WE NOW LOOK LIKE WE HAVE WHAT WE NEED FOR A QUORUM, AND WE WILL START OFF BY, WE'LL GO AHEAD AND GET THIS MEETING STARTED.
SO WE'RE GOING TO START WITH, OKAY.
I THOUGHT TOMMY WAS, HE WAS SIGNED UP TO BE HERE, BUT I GUESS HE'S NOT SO, SO TOMMY IS
WE'LL COME BACK AND CHECK HIM IN.
UH, MAGGIE, MAGGIES, YOU'RE HERE.
ARE YOU DONE? OKAY, BRIAN, I SEE YOU'RE HERE.
AND THEN MS. VALENTINE, I SEE YOU'RE HERE.
THANK YOU SO MUCH FOR SHOWING UP TONIGHT.
AND WHEN TOMMY GETS HERE, I GUESS WE'LL CALL HIM.
SO, AND IS CHAIR BOWEN HERE? YES, I AM.
YES, WE DID CHECK THAT THING OFF THERE.
SO, UH, UH, YEAH, SOMETIMES YOU HAVE TO FORGET THAT YOU'RE ACTUALLY HERE, SO.
UH, FOR EVERYBODY THAT'S IN THE GALLERY, UH, PLEASE MAKE SURE YOU TURN OFF YOUR CELL PHONES.
WE'RE GOING DOWN THIS CHECKLIST HERE, UM, AFTER YOU'RE, IF YOU'RE PART OF A CASE.
AND AFTER THAT CASE IS OVER, PLEASE TAKE YOUR DISCUSSIONS OUTSIDE.
UH, IF YOU HAVE ANY QUESTIONS REGARDING WHAT HAPPENED ON THIS CASE, PLEASE FEEL FREE TO, UH, CALL MS. MS. ELAINE TOMORROW.
UM, WHEN YOU'RE ADDRESSING THE BOARD, PLEASE SPEAK TO THE BOARD.
NOBODY ELSE AT THAT TIME, AND IT'S ONLY WHEN WE SPEAK TO YOU, IT'S ONLY TO ANSWER TO A ANSWER QUESTIONS OR ASK QUESTIONS, UH, FOR PARKING.
IF WE ALL, SOME OF US THAT HAVE BEEN HERE MANY TIMES, FOR THOSE THAT HAVEN'T, THERE'S A PARKING PASS UP THERE TO GET YOU, UH, GET OUTTA JAIL FREE CARD UP THERE.
SO YOU'LL SCAN YOUR BIG ONE THAT YOU GOT WHEN YOU CAME IN, AND THEN SCAN THAT ONE.
IF NOT, THEN YOU'LL END UP HAVING TO PAY.
UM, HOW MANY PEOPLE ARE HERE TO GIVE TESTIMONY TONIGHT? OKAY.
IF YOU ALL, IF YOU WILL ALL RISE UP PLEASE, SO THAT WE CAN GIVE YOU THIS OATH.
UH, DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE? CORRECT.
AND TO THE BEST OF YOUR KNOWLEDGE? YES.
ALL RIGHT, SO FIRST WE'RE GONNA START OFF WITH THE
[APPROVAL OF MINUTES ]
APPROVAL OF THE MINUTES.DO I HAVE A MOTION TO APPROVE THE MINUTES? SO MOVED.
SO MS. MS. BOARD MEMBER HAWTHORNE SECONDED.
AND BOARD MEMBER VON OWEN DID THE MOTION.
ANY QUESTIONS, COMMENTS? NOPE.
JEFFREY BOWEN? YES, SHE IS NOT HERE.
OKAY, MOVING ON DOWN THE LINE.
WE'RE GONNA MOVE TO OUR FIRST CASE.
LET'S SEE, SIR, WE TO DO, TELL ME IF I'M MISSING SOMETHING.
YES, POSTPONEMENTS AND WITHDRAWALS.
NO POSTPONEMENTS AND THE GERMANS.
DO WE HAVE ANY CITIZENS COMMUNICATION? DO WE HAVE NO, WE HAVE NO SOME CITIZENS COMMUNICATIONS ACCORDING TO MY LIST HERE, SO WE WILL MOVE ON.
JUST GONNA GET IT IN THE RECORD.
UM, THIS IS MY FIRST TIME RIDING THIS TRICYCLE, SO
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WE A BREAK.UM, ALL RIGHT, SO WE'VE GOT THAT PORTION DONE.
[2. C16-2026-0005 Jim Wittliff for Alvin Momin 5001 Nuckols Crossing Road ]
GOING TO, UM, GO TO OUR FIRST CASE.SO WE'RE GOING TO DEAL WITH OUR FIRST CASE FOR THE NU FOR THE NIGHT.
IT'S GONNA BE C 16 2 0 2 6 DASH 0 0 0 5 5 0 0 1.
AND I THINK WE HAVE A VIRTUAL SPEAKER ON THIS, IS THAT CORRECT? YES, JIM WHITLOW.
AND JUST BECAUSE HE'S VIRTUAL, YOU WANNA MAKE SURE HE TAKES THE OATH VIRTUALLY.
UH, MR. WHITLOW, ARE YOU THERE? I AM.
UH, I NEED TO GO AHEAD AND READ YOU YOUR, UH, THE STATEMENT FOR MAKING SURE IT'S YOUR TESTIMONY.
SO, DO YOU SOLEMNLY SWEAR TO AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE? CORRECT.
AND TO THE BEST OF YOUR KNOWLEDGE? YES, I DO.
YOU WILL HAVE, UH, FIVE MINUTES FOR YOUR PRESENTATION.
UH, GOOD EVENING, MR. CHAIR AND BOARD MEMBERS.
UH, MY NAME IS JIM TIFF, AND I'M SPEAKING ON BEHALF OF THE PROPERTY OWNER, MILESTONE RETAIL, LLC.
WE ARE SEEKING A VARIANCE FROM SECTION 25 DASH 10 DASH 1 28 B AS IN BOY OF THE LAND DEVELOPMENT CODE.
UH, IT STATES, UH, VERY SUCCINCTLY, ONE FREESTANDING SIGN IS PERMITTED PER LOT, AND THAT IS BECAUSE THIS PROPERTY IS, IS ZONED L-R-C-O-M-P, AND IT'S IN A COMMERCIAL NEIGHBORHOOD DISTRICT.
UM, I WOULD IMAGINE THAT THE INTENT OF THE CODE WAS AN ASSUMPTION THAT MOST LR NEIGHBORHOOD COMMERCIAL RETAIL SITES ARE GONNA BE MUCH SMALLER IN SIZE, PROBABLY ON THE NEIGHBORHOOD OF A QUARTER ACRE, UP TO MAYBE AN ACRE IN SIZE.
THIS TRACK, HOWEVER, IS MUCH LARGER.
IT HAS 825 FEET OF FRONTAGE ON KNUCKLES CROSSING, 322 FEET OF FRONTAGE ON TERRY ROAD.
THAT'S ALMOST A QUARTER MILE OF ROADWAY FRONTAGE.
UH, A GAS STATION IS BEING CONSTRUCTED THERE, UH, ALONG WITH SOME, UH, UH, RETAIL TENANT SPACE NEXT TO THE CONVENIENCE STORE.
SO THE, UH, THE, UH, INFORMATION THAT IS INCLUDED IN YOUR PACKET, YOU CAN SEE WHAT THE SITE LOOKS LIKE.
UH, THERE'S AN AERIAL, UH, THAT SHOWS IT.
AND AS I SAID, IT'S, IT'S MUCH LARGER THAN A TYPICAL LR UH, NEIGHBOR, UH, UH, UH, COMMERCIAL, UH, RETAIL SITE WOULD BE.
AND, UH, THEY'RE PROPOSING A GAS STATION.
THE SIGN THAT WE ARE ALLOWED BY CODE, UH, IS UP TO 20 FEET TALL AND UP TO A HUNDRED SQUARE FEET.
AND WE WOULD, WE ARE PROPOSING TO USE THAT TO, TO ADVERTISE THE, THE GAS BRAND AND THE GASOLINE PRICES.
AND YOU HAVE AN, UH, YOU HAVE A COPY OF THAT PROPOSED SIGN IN YOUR PACKET.
HOWEVER, THERE'S ALSO GONNA BE RETAIL TENANT SPACE THERE WITH, UH, BETWEEN FOUR AND SIX RETAIL TENANTS, DEPENDING ON HOW MUCH SIZE EACH ONE TAKES.
AND WE WOULD LIKE AN OPPORTUNITY TO BE ABLE TO JUST HAVE A SIGN THAT LISTS THE NAME OF THE CENTER AND THE, THE TENANTS, THE RETAIL TENANTS THAT ARE THERE.
WE THINK, UH, THAT, UH, THE GAS STATION SIGN WILL BE CLOSER TO THE CORNER AT THE, AT THE, UH, CLOSEST DRIVEWAY AND NEAR THE SECOND DRIVEWAY.
WE'RE PROPOSING A FREESTANDING MULTI-TENANT SIGN, WHICH WOULD ALSO COMPLY WITH THE MAXIMUM 20 FOOT ALLOWABLE HEIGHT AND THE MAXIMUM 100 SQUARE FEET.
UM, I BELIEVE THAT, UH, UH, THE, THE TWO SIGNS THAT WE'RE PROPOSING, UH, WOULD BE HARMONIOUS WITH TRAFFIC.
THEY WOULD BE HARMONIOUS WITH THE SITES LR ZONING, HARMONIOUS WITH THE RESIDENTIAL SURROUNDING ZONING AND WITH AESTHETICS.
AND I'LL CUT IT SHORT, AND IF, IF YOU HAVE QUESTIONS, I'M HAPPY TO ANSWER THEM.
IS THERE ANY OPPOSITION? OKAY.
SEEING NONE, WE WILL CLOSE THE PUBLIC COMMENT.
UH, DO YOU WANT TO RECOGNIZE TOMMY BEFORE WE START IT? YEAH, I WAS GOING TO, I WAS JUST REMINDED TO, UH, RECOGNIZE TOMMY, BUT SINCE
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I DON'T KNOW IF YOU GOT THE WHOLE CASE HERE, DID YOU GET ALL OF THE CASE, TOMMY? UH, I LISTENED AND I WAS ABLE TO GET THE CASE.UH, BUT, UH, THANK YOU, UM, FOR, UH, UM, NOT FORGETTING ABOUT ME,
NO, NO, I THANK YOU VERY MUCH.
SO YOU ARE NOW HERE, IS THAT CORRECT? YOU'RE NOW PRESENT? YES.
ANY OTHER QUESTIONS? NO COMMENTS.
THE BOARD MUST DETERMINE THE EXISTENCE OF SUFFICIENCY OF AND WEIGHT OF EVIDENCE SUPPORTING THE FINDINGS DESCRIBED BELOW.
IN ORDER TO GRANT YOUR REQUEST FOR VARIANCE, THE BOARD MUST MAKE ONE OF OR MORE OF THE FINDINGS DESCRIBED UNDER ONE, TWO, AND THREE.
AND THE BOARD MUST THEN MAKE THE FINDING DESCRIBED IN ITEM FOUR BELOW.
I CONT, UH, THE VARIANCE IS NECESSARY BECAUSE THE STRICT ENFORCEMENT OF THE ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE CONSIDERING THE UNIQUE FEATURES OF THE SITE, SUCH AS DIMENSIONS, LANDSCAPING, OR TOPOGRAPHY.
BECAUSE THE LARGE TRACK CONTAINS 8.36 ACRES OF LAND WITH 825 LINEAR FEET OF FRONTAGE ON KNUCKLES CROSSING AND 320 LINEAR FEET ON ONTARIO ROAD.
BECAUSE OF THE LARGE SIZE OF THE SITE, A GAS STATION CONVENIENCE STORE WITH FOUR RETAIL TENANTS IS PROPOSED, AND A SECOND FREESTANDING SIGN LOCATED AT THE SECOND DRIVEWAY WILL ALLOW THE SITE RETAIL TENANTS TO BE LISTED.
THE GROUNDING OF THIS VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSES OF THIS SIGN ORDINANCE, BECAUSE DUE TO THE LARGE SIZE OF THE TRACK, THIS SITE WILL CONTAIN A GAS STATION CONVENIENCE STORE, ALONG WITH FOUR ADDITIONAL RETAIL TENANTS AND GRANTING THE VARIANCE.
NUMBER FOUR, GRANTING THE VARIANCE WILL NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY A SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED BECAUSE THIS IS A LARGE TRACK CONTAINED IN 8.36 ACRES AND NEARLY A QUARTER MILE OF FRONT ROADWAY FRONTAGE.
ONE FREESTANDING SIGN WITH A HUNDRED SQUARE FEET OF SIGN AREAS, NOT ADEQUATE SIGNAGE FOR THE PROPOSED GAS STATION AND TENANT LIST.
WE WILL NOW TAKE A VOTE ON THAT.
UH, YOUR, YOUR VARIANCE HAS BEEN AWARDED.
[3. C15-2026-0013 Mike Mchone for CJ + BP 2713 Hemphill, LLC 2713 Hemphill Park ]
ON.OKAY, SO OUR NEXT CASE IS C 15 2 0 26 DASH 0 1 3 27 13 HEMP HILL PARK.
AND WE HAVE, LET'S SEE, DO WE HAVE SOMEBODY PRESENTING ON THIS ONE TONIGHT? YE YES.
PLEASE STATE YOUR NAME FOR THE RECORD, PLEASE.
I'M REPRESENTING THE OWNERSHIP OF THIS PROPERTY ON HEMPHILL PARK IN NEAR THE UNIVERSITY OF TEXAS.
AND OF THE VARIANCES WE ARE REQUESTING CONCERNING A LOT SIZE TO DECREASE IT FROM THE 8,000 SQUARE FEET IS REQUIRED TO 7,771 AND 0.41, DECREASE THE MINIMUM FRONT YARD SETBACK FROM 15 FEET TO FIVE FEET AND REDUCE THE PARKING REQUIREMENT IS REQUIRED BY THE NCCD FROM 24 TO 14.
I HAVE A PRESENTATION I WOULD LIKE TO GO THROUGH IF I CAN FIGURE OUT HOW THIS WORKS.
THIS IS, HEMPHILL PARK IS A SHORT STREET ADJACENT JUST NORTH OF THE UNIVERSITY OF TEXAS, AND IT IS BOUND, HAS A OFF JUST OFF OF GUADALUPE STREET.
THERE'S AMPLE, UH, HOUSING OF FOR STUDENTS OR, AND THERE'S LOTS OF HOUSING FOR STUDENTS IN THE NEIGHBORHOOD, INCLUDING THE HELEN KIRBY HALL HALL ON THE NORTH END AND ANCHORED BY, WHICH IS A PRIVATE DORMITORY AND NOW A SCHOOL
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THAT WAS BUILT IN THE THIRTIES FOR UNIVERSITY STUDENTS.THE VILLAS OF GUADALUPE IS ACROSS THE STREET.
AND HELEN, THE AMETRI DORMITORY OF THE UNIVERSITY OF TEXAS IS ON THE SOUTH END.
THE NEXT, LET'S SEE IF THIS SLIDE, IS THAT IT? NOPE.
THIS IS AN, UH, AERIAL VIEW, UH, THE LITTLE DOT RIGHT THERE ON HEMPHILL PARK.
IT'S THE LITTLE RED DOT, LET YOU KNOW WHERE IT IS IN RELATION TO THE VILLA ON GUADALUPE AND THE UNIVERSITY OF TEXAS AREA.
AND THE SRD DORMITORY FOR STUDENTS IS ON THE EAST OF THE SITE.
THIS SLIDE SHOWS YOU THE VARIOUS ZONING CATEGORIES, UH, THAT ARE, UH, REAL ADJACENT TO THIS.
YOU HAVE THE UNIVERSITY NEIGHBORHOOD OVERLAY DISTRICT, WHICH IS A DENSITY, INCREASED BONUS INCREASE AREA JUST TO THE WEST.
UH, THE VILLAS HAPPENS TO BE ONE OF THE PREMIER PROPERTIES THAT TRIGGERED THE WHOLE ORDINANCE, BUT IT IS LOCATED ON THE, UH, ADDRESS ACROSS THE STREET IN THE NUNA DISTRICT AND THE UT CAMPUSES TO THE SOUTH.
THE LOT IS CURRENTLY A VACANT LOT.
THE TWO OLD HOUSES THAT WERE ON IT WERE DILAPIDATED AND SUBJECT TO, UH, REMOVAL NOTICES AND VI VARIOUS VIOLATIONS.
THE NEXT GIVES YOU THE HARDSHIPS THAT WE'RE FACING.
THE GRAY AREA SEWN ON THIS SLIDE IS ALL A, UH, EASEMENT FOR THE SEWER SYSTEM OF THE CITY OF AUSTIN, THEREFORE UNTOUCHABLE.
UH, THE BUILDING SITE IS THEN VERY CONSTRICTED, PLANNING TO BUILD FOUR SIX BEDROOM APARTMENTS THAT WILL BE LEASED TO UNIVERSITY STUDENTS THAT ARE WITHIN A HALF BLOCK OF THE CAMPUS.
THE NEXT SLIDE, TRYING TO GET TO THAT ONE WOULD SHOW YOU THE SETBACK REQUIREMENTS VARIANCE.
UH, THIS SITE IS SLOPED EXTREME, AND WITH THAT, UH, EASEMENT IN THE BACK, WE HAVE TO SORT OF MOVE IT SOMEWHERE.
AND WHAT WE'RE TRYING TO DO IS USED THE FLAT AREA IN THE FRONT OF THE SITE FOR ACCESS.
SO WE DO NOT HAVE A BIG DROP OFF FOR, UH, NOT ALLOWING, WE CAN ALLOW REAL EASY HANDICAP ACCESS, BUT AT THE SAME TIME WE HAVE AMPLE AREA DUE TO THE STREET AND THE SIDE, UH, RIGHT OF WAY AND THE FIVE FEET THAT WE'RE GIVING TO CREATE A, UH, NICE PEDESTRIAN WAY WITH LANDSCAPING AND EVERYTHING.
THE FINAL SLIDE I'LL GIVE YOU AND GIVE YOU BACK A MINUTE, AND I HOPE IS A VIEW OF THE ARTIST RENDERING OF THE KIND OF PRO PROJECT.
THIS IS GONNA BE SHOWING THE TREES, UH, THAT ARE IN THE EASEMENT THAT WILL STAY THERE, THE DRIVEWAY THAT IS ON THE PROPERTY THAT WILL GO DOWN TO THE UNDERNEATH PARKING AND THE STREETS SCAPE.
THAT WILL BE LANDSCAPED WITH THE ZERO ESCAPE AND IRRIGATION TO MAKE SURE WE HAVE A PLEASANT AREA TO WALK.
AND THAT, UH, CONCLUDES MY PRESENTATION AND BE HAPPY TO ANSWER ANY OF YOUR QUESTIONS.
IS THERE ANY OPPOSITION IN REGARDS TO THIS CASE? SEEING NONE, WE WILL NOW CLOSE THE PUBLIC COMMENT AND WE WILL BE NOW OPEN UP FOR ANY QUESTIONS.
OR MIKE, I DON'T HAVE A PROBLEM WITH THE LOT SIZE REQUIREMENTS OF THE SETBACK, UH, VARIANCES PERSONALLY MYSELF.
BUT THE PARK AND PARKING IS CRITICAL DOWN IN THE UNIVERSITY AREA.
YOU'RE ASKING FOR A 50% REDUCTION IN, IN, UH, PARKING, UH, GOING FROM 24 TO 12, UH, 24 TO 14 SPACES.
AND SO I GUESS WHERE I'M COMING FROM IS, CAN YOU SQUEEZE ANY MORE PARKING IN THERE? NOT REALLY, SIR.
AND I WOULD POINT OUT THAT THIS, UH, NCCD IS IN VARIANCE WITH THE CITY OF AUSTIN, WHICH IS, UH, ELIMINATED ALL PARKING REQUIREMENTS.
AND OVER 40% OF THE STUDENTS NO LONGER DRIVE CARS, AND WE'RE ONLY A BLOCK A HALF A BLOCK AWAY FROM THE UNIVERSITY.
WELL, I SEE AND I SEE WHERE YOU'RE COMING FROM.
TWO, TWO OF, UH, MY, MY, BECAUSE YOU KNOW, IN THE PAST WITH PREVIOUS BOARD MEMBERS THAT WE'VE HAD UP HERE, THEY SAY YOU'VE GOT A CLEAN SLATE.
YOU COULD BUILD EVERYTHING THAT YOU JUST WON'T BE ABLE TO BUILD AS BIG AS YOU WANTED BECAUSE IT'S AN EMPTY LOT.
UH, I ALSO AM AWARE THAT, UH, THE UNIVERSITY AREA, THE NEIGHBORHOOD ASSOCIATION DOES WANT TO HAVE MORE AFFORDABLE HOUSING WITHIN THAT DISTRICT, YOU KNOW, WITHOUT REALLY TEARING UP THEIR NCCD AND THEN THE PLANS THERE.
[00:20:01]
WAY YOU CAN GET, I MEAN, YOU GOT 14, YOU CAN'T SQUEEZE 2, 3, 4 MORE OUT OF THERE.OUR OUR PROBLEM IS THERE IS THAT, UH, WE GET INTO A SITUATION WHERE WE'RE UP AGAINST AND PARKING OVER AN EASEMENT THAT, UH, WE DON'T BELIEVE THAT THE CITY WOULD ALLOW US TO DO.
SO WE'RE, WE'RE JUST REALLY CONSTRICTED.
AND WE BELIEVE THAT THE, BASED UPON OUR ANALYSIS OF THE STUDENTS THAT WE'RE TRYING TO SERVE, THEY WILL, THEY WILL NOT HAVE, THIS WILL BE AN ADEQUATE NUMBER OF CARDS.
ANYBODY ELSE? I I HAVE A QUESTION.
UH, BOARD MEMBER HAWTHORNE? UH, YES.
MR. MCCONE, DO YOU HAVE ANY, UH, NEIGHBORHOOD SUPPORT LETTER? I KNOW YOU'RE PRETTY ACTIVE OVER THERE AND COULD EASILY HAVE DONE THAT.
THE, UH, NEIGHBORHOOD ASSOCIATION OF WHICH I'M INVOLVED WITH, UH, HAS LONG SUPPORTED THE, UH, UH, TYPE OF THE UNIVERSITY NEIGHBORHOOD OVERLAY KIND OF PROPOSAL AND PROJECTS.
AND IT WILL BE, IT'S NOT SO THEY DID NOT COMMENT.
UH, I HAVE NOTIFIED THE, UH, IN THE NORTH UNIVERSITY NEIGHBORHOOD ASSOCIATION, WHICH THIS PROPERTY'S LOCATED IN, AND THEY HAVE NOT COMMENTED EITHER THERE.
UH, SO THERE'S NO AND NO ACTIVE LETTER FROM THEM AND NO, AND NO OPPOSITION.
AND, UH, WHEN DID, WHEN DID YOU NOTIFY THEM? UH, I, I NOTIFIED THE CHAIR OF THE CAN PACK WHO IS, AND HE HAS NOTIFIED THEM.
AND WE HAVE, I JUST EXCHANGED THAT KIND OF A DISCUSSION, BUT, UH, THERE'S BEEN NOBODY INTERESTED IN THIS BECAUSE WE ARE CLEANING UP A VERY BAD SITUATION THAT WOULD EXISTING IN THE EXISTING PROP, THE DILAPIDATED PROPERTIES.
JUST BECAUSE I KNOW THAT YOU'RE VERY CONNECTED WITH THIS.
NEXT TIME YOU COME ABOUT THIS, COULD YOU PLEASE PROVIDE SOMETHING IN WRITING? UM, WE JUST RECENTLY HAD A CASE IN THAT AREA THAT'S A LITTLE DICEY AND, AND WOULD HAVE PREFERRED THAT IN THE BACKUP THAT THERE WAS BEING THAT THIS IS IN THE NCCD PROPER AND NOT IN THE UNO SECTION, THOUGH IT IS SURROUNDED BY LIKE TYPE BUILDINGS AND HALF A BLOCK AWAY.
I TH I THOROUGHLY UNDERSTAND THE PERSPECTIVE, BUT IN THE NICEST WAY, YOU KNOW BETTER.
WELL, LET ME ASSURE YOU THAT I KNOW THE PEOPLE WHO IS THE
I, I'VE KNOWN, UH, PETER AND HIS FAM.
I'VE KNOWN PETER'S FAMILY FOR A LONG, LONG TIME.
I'M JUST NEXT TIME IF, IF YOU WOULD.
JUST THAT LITTLE EXTRA WOULD'VE MADE THIS SO MUCH EASIER.
ARE THERE ANY OTHER QUESTIONS? UH, I'LL MAKE A MOTION FOR APPROVAL.
SECOND MOTION FOR APPROVAL BY BOARD MEMBER HAWTHORNE.
SECONDED BY BOARD MEMBER VON OWEN.
SEEING NONE, I GUESS WE WILL NOW CALL FOR READING OF IT.
SO REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO PROPERTY DO NOT ALLOW FOR REASONABLE USE AS THE LOT SIZE AND CONFIGURATION FOR THIS PIECE OF PROPERTY WAS ESTABLISHED PRIOR TO THE NCCD AND WITH THE GRADE CHANGE AS WELL AS THE, UH, WATER AND WASTEWATER EASEMENT THERE, IT, UH, REALLY DOES TIGHTEN THE SITE.
THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY.
ITS MOST LAWS IN THE AREA ARE ALREADY DEVELOPED IN THIS PROPERTY IS NOW VACANT AND IS ENCUMBERED BY THE LARGE TREES AS WELL AS THE EASEMENT AND IS HALF A BLOCK FROM CAMPUS.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED.
AS MO AS MOST LOTS DON'T HAVE THE SUBSTANTIAL GRADE DIFFERENCE FROM FRONT TO BACK.
THE VARIANCE WILL NOT ALTER THE CHARACTER.
THE AREA ADJACENT TO THE PROPERTY WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED.
AS THIS STRUCTURE WILL BE IN BETWEEN TWO STRUCTURES OF SIMILAR SIZE AS WELL AS BEING A HALF A BLOCK FROM, UM, LITERALLY UT AND VERY MUCH WILL BE, UH, STUDENT HOUSING THAT IS NEEDED.
PARKING NEITHER PRESENT NOR ANTICIPATED.
FUTURE TRAFFIC VOLUMES GENERATED BY THE USE OF SITE OR THE USES OF OF USES OF SITES IN THE VICINITY REASONABLY
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REQUIRE STRICTER LEVEL INTERPRETATION ENFORCEMENT OF THE SPECIFIC REG REGULATION.BECAUSE THE PROJECT IS HALF A BLOCK NORTH OF UT AND MOST OF THE TRIPS WILL BE PEDESTRIAN ORIENTED.
THE GRANTING OF THE VARIANCE WILL NOT RESULT IN THE PARKING OR LOADING OF VEHICLES ON PUBLIC STREETS IN SUCH A MANNER AS TO INTERFERE WITH THE FREE FLOW OF TRAFFIC ON THE STREETS.
BECAUSE THERE IS PARKING BEING PROVIDED AND DUE TO THE DESIGN, IT'LL HAVE A ONE WAY DIRECTION AND IT'LL BE ADEQUATELY PROVIDED ONSITE.
THE GRANTING OF THE VARIANCE WILL NOT CREATE A SAFETY OR HAZARD OR, UH, ANY OTHER CONDITION INCONSISTENT WITH THE OBJECTIVES OF THIS ORDINANCE.
AS THE ONSITE PARKING WILL BE ADEQUATE FOR THE TENANTS AS WELL AS, AS A LOT OF STUDENTS THESE DAYS ACTUALLY DON'T BRING CARS TO SCHOOL, THE VARIANCE WILL RUN WITH THE USE.
SO THE USES TO WHICH IT PERTAINS, IT SHALL NOT RUN WITH THE SITE BECAUSE ANY CHANGES WOULD REQUIRE A NEW SITE PLAN.
THAT LAST PART AGAIN, UH, THAT YOU WERE JUST TALKING ABOUT.
NOT GOING, NOT GOING WITH THE SITE.
CAN YOU REPEAT THAT SO I CAN MAKE SURE MY NOTES? UH, THE, ANY CHANGES PROPOSED WOULD REQUIRE A NEW SITE PLAN SUBMITTAL.
WHICH WOULD HAVE DIFFERENT PARKING REQUIREMENTS.
I GUESS WE WILL NOW READ THE VOTE.
[4. C15-2026-0014 Dillon Tuttle for Roger Plourde 2727 Exposition Boulevard]
WE'RE GONNA GO TO ITEM NUMBER FOUR.THIS IS GONNA BE C 15 226 0 0 1 4.
THIS IS 27 27 EXPEDITION BOULEVARD, UM, PARKING LOT FOR Z'S ICE CREAM.
DO WE HAVE A SPEAKER? YES, WE DO.
LET ME GET RID OF THIS SECOND.
AND I GUESS YOU HAVE A PRESENTATION? WE DO.
UH, YOU HAVE FIVE MINUTES FOR YOUR PRESENTATION.
I'M A SENIOR PRINCIPAL AT MICHAEL SHU OFFICE OF ARCHITECTURE.
I'M THE ARCHITECT REPRESENTING THE OWNER ON 20 27 27 EXPOSITION BOULEVARD.
WE ARE HERE REQUESTING A VARIANCE FROM SECTION 25 DASH TWO DASH FOUR 90 2D, UH, REQUIREMENT FOR A 10 10 FOOT FRONT YARD SETBACK.
AND WE'RE SEEKING A VARIANCE FROM THE SECTION TO ALLOW FOR A THREE FOOT FRONT YARD SETBACK ALONG A PORTION OF THE PROPERTY.
UH, THE REQUIRED FRONT YARD SETBACK PREVENTS THE CONSTRUCTION OF A SAFE AND FUNCTIONAL PEDESTRIAN ACCESS POINT FROM THE PUBLIC RIGHT OF WAY DUE TO THE EXISTING ELEVATION CHANGE BETWEEN THE PUBLIC RIGHT OF WAY AND THE FINISHED FLOOR ELEVATION.
A LIMITED ENTRY STAIR AND PORCH ARE PROPOSED TO ENABLE SAFE INGRESS AND EGRESS AND PROVIDE CONNECTIVITY TO THE PUBLIC RIGHT OF WAY.
THE HARDSHIP IS THE EXISTING SITE TOPOGRAPHY CREATES A SIGNIFICANT VERTICAL ELEVATION CHANGE BETWEEN THE ADJACENT PUBLIC RIGHT OF WAY AND FINISHED FLOOR ELEVATION.
THIS CONTI CONDITION NECESSITATES USE OF A STAIR AND OR A RAISED LANDING TO PROVIDE A SAFE AND FUNCTIONAL PEDESTRIAN ACCESS THE STEEP SLOPE AND RESULTING GRADE DIFFERENTIAL OR INHERENT PHYSICAL CHARACTERISTICS OF THE PROPERTY THAT LIMIT THE ABILITY TO APPLY, COMPLY WITH THE FRONT YARD SETBACK WHILE STILL PROVIDING REASONABLE ACCESS.
THE ELEVATION CHANGE BETWEEN THE PUBLIC RIGHT OF WAY AND FINISHED FLOOR ELEVATION IS NOT TYPICAL SURROUNDING COMMERCIAL PROPERTIES, WHICH GENERALLY HAVE MORE DIRECT AND LEVEL ACCESS CONDITIONS.
AS A RESULT, NEIGHBORING PROPERTIES ARE NOT SUBJECT TO THE SAME CONSTRAINTS REQUIRING VERTICAL ACCESS SOLUTIONS WITHIN THE FRONT YARD SETBACK AREA.
THE PROPOSED IMPROVEMENTS WILL MAINTAIN A PEDESTRIAN ORIENTED STREET SCAPE AND WILL NOT
[00:30:01]
INTRODUCE ADDITIONAL BUILDING MASS WITHIN THE FRONT YARD SETBACK.THE PORCH AND STAIR ARE DESIGNED TO REMAIN OPEN IN CHARACTER WITHOUT ENCLOSED WALLS, PRESERVING THE VISIBILITY THROUGH THE SETBACK AREA AND MAINTAINING AN UNOBSTRUCTED RELATIONSHIP BETWEEN THE PROPERTY AND PUBLIC RIGHT OF WAY.
THE PROPOSED IMPROVEMENTS ARE LIMITED IN HEIGHT AND EXTENT CONSISTENT WITH THE SCALE AND CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
AND WE BELIEVE THIS DESIGN, UH, MEETS THE, UM, QUALIFICATIONS OF THE ZONING CODE.
UH, WE STILL MAINTAIN OUR FIRE SAFETY AND EMERGENCY ACCESS.
UH, WE MAINTAIN LIGHT AIR AND OPEN SPACE AND PROVIDES AN OPEN SPACE THAT IS USABLE FOR PEDE OCCUPANTS AND PEDESTRIANS.
WE BELIEVE THAT THE PROPOSAL, UM, MAINTAINS THE PEDESTRIAN CHARACTER OF THE NEIGHBORHOOD AND IMPROVES THE EXPERIENCE FOR THE COMMUNITY BY OFFERING USABLE OPEN SPACE RATHER THAN AN ASPHALT PARKING LOT.
UH, WE BELIEVE THAT OUR, UH, DESIGN MAINTAINS, UH, TRAFFIC VISIBILITY AND PUBLIC SAFETY, UM, THAT OUR PROPOSAL IS DESIGNED TO REMAIN OPEN IN CHARACTER WITHOUT ENCLOSED WALLS, UM, PRESERVING THE VISIBILITY THROUGH THE SETBACK AREA AND MAINTAINING AN UNOBSTRUCTED RELATIONSHIP BETWEEN THE PROPERTY AND PUBLIC RIGHT OF WAY.
UH, AND MOST IMPORTANTLY, OUR PROPOSAL IS A LOW IMPACT IMPROVEMENT THAT SITS ABOVE THE SITE GRADING AND DOES NOT DISTURB THE FLOW OF WATER OR DRAINAGE.
UM, AND SO WE, UH, INDEED THE EXISTING ASPHALT COULD BE REMOVED, UM, TO PROVIDE ADDITIONAL IMPERVIOUS AREA BELOW THE PROPOSED DECK.
UM, SO IN SUMMARY, WE BELIEVE THIS IS A LIGHT TOUCH IMPROVEMENT THAT BENEFITS BOTH THE PROPERTY AND THE NEIGHBORHOOD.
UM, IF, IS THERE ANY OPPOSITION OUT THERE? OKAY.
PLEASE STATE YOUR NAME FOR THE RECORD.
GOOD EVENING, UH, BOARD OF ADJUSTMENT.
I'M HERE REPRESENTING WEST AUSTIN NEIGHBORHOOD GROUP.
UH, FIRST I WANT TO THANK YOU ALL FOR YOUR SERVICE TO THE COMMUNITY.
I'VE ACTUALLY SET ON THE BEHIND THE DESK LIKE THAT, UH, ON THE HISTORIC LANDMARK COMMISSION.
SO I KNOW THAT IT'S, UH, IT TAKES UP YOUR TIME AND EFFORT.
UM, WE VOTED ELECTRONICALLY TO OPPOSE THIS.
WE, UH, OFFERED THE, UH, APPLICANT, UH, WE, OUR NEIGHBOR MEETS, UH, WEDNESDAY.
WE OFFERED TO LET THEM COME TALK TO US.
UH, THEY, THEY ELECTED JUST TO GO AHEAD AND COME TO THE HEARING TONIGHT.
THIS, UH, THIS, THIS DECK IS, THEY STARTED CONSTRUCTION ON THIS.
WE BECAME, UH, WE BECAME AWARE OF WHAT'S GOING ON OVER THERE BESIDES SEEING THE EQUIPMENT.
UH, THEY BROKE A WATER LINE AND PUT ONE OF THE BUSINESSES THERE, STARBUCKS COFFEE OUTTA BUSINESS FOR A DAY.
UH, THEY WERE, THEY WERE RED TAGGED.
UH, THEY'VE HAD TO FILE A SITE PLAN EXEMPTION.
UH, AGAIN, BUT I PUT THAT ASIDE.
IT, UH, THERE IS, THEY TALK ABOUT NEEDING TO ACCESS.
THERE IS A DECK THERE RIGHT NOW.
Z'S ICE CREAM HAS A FUNCTIONING DECK.
IT HAS A FUNCTIONING WAY TO GET UP TO THAT DECK.
IT'S BEEN FUNCTIONING THAT WAY THAT THAT CENTER'S DECADES OLD.
UH, AND WE DO HAVE A, BESIDES THAT WE DIDN'T, WE TRIED TO FIND A HARDSHIP, UH, TO ADD A NEW, ADD A DECK, A BRAND NEW DECK.
IF THIS WAS DONE, YOU KNOW, WITH ASKING FOR PERMITS UP AHEAD BEFOREHAND, WE'RE NOT REALLY SEEING, WE COULD NOT ASCERTAIN A REAL HARDSHIP.
I KNOW THAT'S SOMETHING THAT'S USUALLY LOOKED FOR.
UH, AND WE DO HAVE A CONCERN ABOUT TRAFFIC.
EXPOSITION BOULEVARD IS EXTREMELY BUSY STREET.
UH, RIGHT ACROSS, RIGHT ACROSS FROM THIS, UH, THIS BUSINESS IS A, UH, A LARGE ELEMENTARY SCHOOL.
UM, IT, THIS KIND OF, IT TAKES UP, THERE'S, THERE WAS, THEY TALKED ABOUT THERE WAS A 10 FOOT FROM, UH, THERE'S A 10 FOOT ASPHALT DRIVE IN THERE THAT'S BEEN TAKEN.
I, AT LEAST THAT'S VISIBLY TO ME.
IT LOOKS LIKE THE DECOMPOSED GRANITE'S ALREADY BEEN PUT ON THE GROUND.
UH, WE HAVE, THIS IS GONNA BE, THERE'S A, THERE'S A BIGGER PICTURE SORT OF HERE.
UH, THIS IS Z'S ICE CREAM WANTS TO EXPAND OUR OPERATION TO, FOR BEER AND WINE.
UH, IT'S GONNA BE A A AND THE, THE, THE APPLICANTS SHOW, THEY SHOW THREE FOOD TRUCKS IN THERE.
UM, IT WILL REALLY KIND OF, YOU KNOW, UH, HOW IT AFFECTS THE REST OF THE CENTER.
I DON'T, I'M NOT GONNA TALK, TALK TO THAT.
UH, THE TENANTS, WE HAVEN'T REALLY, WE HAVEN'T REACHED OUT TO THE TENANTS BECAUSE THEY ARE TENANTS OF THE LANDLORD.
AND THE LANDLORD'S THE ONE TO ASK THEM FOR THE, FOR THE VARIANCE HERE.
UM, IT, THERE ARE RESIDENTIAL NEIGHBORHOODS ACROSS THE STREET.
IF PEOPLE START TRYING TO CROSS, THAT'S GONNA BE A LITTLE BIT OF A HAZARD BECAUSE THERE'S A THREE FOOT, THREE FOOT SIDEWALK AND THEN BUSY
[00:35:01]
STREET.UH, IT, AND, AND THE EXPOSITION ALSO IS KIND OF A SEMI BLIND CORNER.
IF YOU'RE COMING FROM THE SOUTH, UH, HEADING UP TOWARDS 35TH STREET, AS YOU COME UP THE STREET, IT DROPS TO THE RIGHT, UH, AND BENDS TO THE RIGHT AND DROPS THERE.
RIGHT NEXT TO THE SHOPPING CENTER, THERE IS A SMALL LITTLE OFFICE COMPLEX.
THEY HAVE A DRIVEWAY THAT'S RIGHT THERE.
UH, AND THEN, LIKE I SAID, RIGHT ACROSS THE STREET IS A RESIDENTIAL AREA.
YOU HAVE PEOPLE, IT'S, IT COULD BE A LITTLE, A LITTLE SKETCHY TO TRY TO CROSS THAT STREET FROM THE RESIDENTIAL AREAS INTO THAT INTO, BECAUSE, YOU KNOW, FOOD TRUCKS DRAW PEOPLE, UH, BEER IN WINE, DRAW PEOPLE, UH, THERE'S AGAIN, THERE'S ONLY SO LIMITED PARKING IN THIS PARKING LOT, UH, AS IT IS RIGHT NOW.
AND SO THAT, THAT LOT'S GONNA FILL UP.
PEOPLE GONNA WANT FIND A PLACE TO PARK.
PEOPLE WANT TO GO IF THEY HAVE TO, THEY'LL CROSS THE STREET.
WE HAVE A VERY GOOD EXAMPLE, OUR NEIGHBORHOOD FLOWS, UH, WINE BAR AND ALL DAY PIZZA, WHICH IS BASICALLY AROUND THE CORNER ON 35TH STREET.
AND, UH, PECOS, UH, YESTERDAY I DROVE BY.
THERE MUST HAVE BEEN 75, 80 CARS THERE.
UH, THEY'RE PARKED ON THE STREET.
THEY DON'T HAVE PARKING THERE.
BUT AGAIN, THESE ARE CONCERNS THE NEIGHBORHOOD ASSOCIATION HAS.
UH, WE DON'T, AGAIN, IF THIS WAS COMING TO YOU AS A BLANK BLANK SLATE, WE'D LIKE TO EXPAND OUR DECK INTO THE, INTO THE, THE 10 FOOT SETBACK THAT WE WOULD HAVE A PROBLEM WITH IT.
THEN WE HAVE AGAIN, UH, THIS IS, UM, THE HARDSHIP HERE BASICALLY WITH, IS SELF-IMPOSED.
I MEAN, THAT'S THE DECK IS, YOU KNOW, THEY'VE DONE, IT LOOKS LIKE THEY'VE DONE ELECTRICAL WORK THERE LOOKS, I KNOW THEY'VE DONE SOME SORT OF PLUMBING WORK.
UH, THEY'VE DONE SOME DECONSTRUCTION.
AND I'M HERE FOR ANY QUESTIONS.
UH, MA'AM, YOU GET TWO MINUTES FOR, UH, ANY TYPE OF, UH, REBUTTAL.
UH, OBVIOUSLY WE WANT TO MAKE A, A CONDITION THAT REALLY SERVES THE NEIGHBORHOOD.
UM, AND SO OUR, UH, PROPOSITION REALLY WAS FOR, I MEAN, WE, WE DO BELIEVE THAT WE CAN AND STILL INSTALL, YOU KNOW, LANDSCAPE INTO THIS SETBACK.
AND SO WE WANTED TO MAKE SURE THAT, UM, THE DECK WAS SOMETHING THAT FELT ACCESSIBLE, THAT WE WERE STILL PROVIDING, YOU KNOW, GUARDRAIL AND SAFETY PROTECTIONS, YOU KNOW, ADDING THINGS LIKE LIGHTING TO MAKE SURE THAT IT WAS, UM, YOU KNOW, FRIENDLY IN THE EVENINGS AS WELL TOO.
SO WE DO BELIEVE THAT WE'VE TAKEN ALL OF THAT INTO CONSIDERATION WHILE, UM, YOU KNOW, UH, SITTING A LITTLE BIT MORE LIGHTLY ON THE LAND AND NOT, YOU KNOW, WE ARE, WE ARE CHANGING AN EXISTING PARKING CONDITION.
UH, CARS CAN ESSENTIALLY DRIVE THROUGH THIS AREA.
SO THE PEDESTRIAN FLOW, UH, WOULD BE ALSO AGAINST CARS WITHIN THAT ZONE, UM, AS AN EXISTING.
SO WE DO BELIEVE THAT WE'RE PROVIDING AN EASIER ACCESS INTO THE CENTER AND A SAFER PLACE FOR THE COMMUNITY.
WE'LL NOW, UH, GET A MOTION TO, UH, CLOSE THE PUBLIC COMMENT.
DO YOU NEED, DO YOU NEED A MOTION, SIR? I DO.
I, WELL, DO WE HAVE A QUESTIONS? THAT'S THE, OKAY.
SO I DO HAVE A QUESTION, MR. TWILA? YES, MA'AM.
NICE TO SEE YOU AS ALWAYS, ALWAYS NICE TO SEE YOU, MA'AM.
WELL, I WONDER ONE DAY WHEN SOMEBODY ELSE IS GONNA COME, I, I WONDER I HAVE, I HAVE SOMEBODY BEHIND ME THAT SHE'S NOT ABLE TO COME TONIGHT, BUT SHE'S COMPARED TO ME.
SHE'S, UH, LIKE THE SNAKE IN THE BAG SHOOK UP.
AND SO, OH, WELL,
UM, SO YOU INVITED THEM TO COME TALK TO Y'ALL ABOUT THE PROJECT? WE ASKED.
WE ASKED THEM AND, AND, AND IT WAS SHORT NOTICE, BUT THEN WE HAD, UH, WE DIDN'T FIND OUT ABOUT THIS EXACTLY AND WE, YES, WE DID ASK THEM AND, AND THEY, THEY SAID, I'M NOT GONNA SPEAK FOR THEM.
I'M SORRY ABOUT THAT, MR. ETTE.
IT, THE COMPUTER KEEPS TELLING ME I HAVE POOR VOICE QUALITY, SO I KEEP GETTING CLOSER.
SO IF I LOOK LIKE I'M LEERING AT YOU NO, NO, PLEASE.
IT'S JUST, JUST BECAUSE OF THE MICROPHONE.
UH, SO I READ THE LATE BACKUP OF OPPOSITION AND THERE WERE PEOPLE THAT WERE CONCERNED ABOUT THE VISIBILITY, ABOUT TRAVELING DOWN EXPOSITION WITH THE PLACEMENT OF THE FOOD TRUCKS IS, THAT WAS ONE CONCERN.
[00:40:01]
THEN THERE IS A GRADE CHANGE THERE.AND I MEAN, IT, IT IS AN OLDER SHOPPING CENTER.
IT'S NICE TO SEE SOMEONE INVEST IN THE PROPERTY AND TRY TO BRING IT INTO, YOU KNOW, A MORE, UH, UPTODATE FEEL.
UH, SO I, I KIND OF GIVE THAT TO THE APPLICANTS IN THAT THEY'RE TRYING TO DO THAT.
I, I AM CONCERNED ABOUT THE VISIBILITY.
AND THEN ARE THERE ANY CROSSWALKS THERE? UH, THIS MIGHT BE A BETTER QUESTION FOR THE APPLICANT.
I BELIEVE THERE IS A CROSSWALK, UH, JUST AT THE SCHOOL, LIKE JUST TO THE, UH, SOUTH, I THINK THAT'S THE SOUTH.
AND THEN THE PLACEMENT AT THE FOOD TRUCKS, IS THAT GOING TO BLOCK THE VISIBILITY OF THE ACTUAL BEING ABLE TO CROSS EXPOSITION? PEOPLE DO TRAVEL DOWN TO EXPOSITION AT A, A, UM, FAIRLY, UH, FAST PACE.
UH, I UNDERSTAND IT IS, IT IS ALSO SCHOOL ZONE AS WELL TOO.
BUT, UM, THOSE ARE ALSO EXISTING PARKING, PARALLEL PARKING SPACES.
SO WE BELIEVE IT'S AN EXISTING CONDITION IN THAT ZONE.
SO A CAR VERSUS A FOOD TRUCK HAS A LOT HIGHER HEIGHT.
UM, I, NOT SURE HOW I FEEL ABOUT THIS.
I, I REALLY WISH THAT YOU GUYS HAD TAKEN THE TIME TO MEET WITH THE NEIGHBORHOOD.
UM, I'M GONNA MAKE A MOTION TO POSTPONE FOR THAT OPPORTUNITY TO HAPPEN.
UM, HAS THE CONSTRUCTION ALREADY BEGUN? UH, YES.
AND DID WE, DID YOU KNOW ABOUT THE NEED FOR THE VARIANCE PRIOR TO THAT? WE DID NOT.
SO, UM, IF, IF THE CONSTRUCTION'S BEGUN AND YOU DID NOT GET THE VARIANCE, WOULD YOU JUST REPAIR IT, NOT HAVE THAT AS A DECK, BUT JUST KEEP IT AS DECOMPOSED GRAD FOR SOME OTHER USE, I SUPPOSE? UH, YES.
SO IT'S REALLY JUST A MATTER OF A DECK VERSUS, AGAIN, A LANDSCAPE IMPROVEMENT, WHICH WE WOULD DO, YOU KNOW, DECOMPOSE GRANITE AND STILL BE ABLE TO DO SOME SEEDING AND LANDSCAPING AS WELL.
SO IF THE VARIANCE WAS NOT GRANITE, YOU, YOU WOULD HAVE, I GUESS, SEATING THERE, BUT AT THE SAME LEVEL OF THE PARKING LOT RIGHT NOW? IS THAT WHAT YOU MEAN? WE WOULD HAVE TO REVAMP SOME OF THE CIRCULATION THAT AGAIN, CURRENTLY TAKES IT EASILY FROM THE RIGHT OF WAY INTO THE SITE TO MOVE THAT WITHIN THE SETBACK.
BUT WE WOULD BE ABLE TO, AND, AND, UH, MEDIATE SOME OF THE GRADE DIFFERENTLY THROUGH A LANDSCAPE, UH, DG TERRORIST IMPROVEMENT.
AND THEN IF, IF THE VARIANCE WAS GRADED AND THERE'S FOOD TRUCKS ON THE RENDERING, IS THAT ACTUALLY WHAT, IS THAT JUST SORT OF A HYPOTHETICAL OR ONE POSSIBILITY OR, UH, THOSE ARE, THOSE ARE WITHIN NOT THE AREA WHERE ASKING FOR THE VARIANCE.
SO THAT'S WITHIN THE EXISTING GRADE LOCATION.
UM, AT, SO JUST ADDING DECOMPOSED GRANITE.
THE VARIANCE SUGGEST FOR THIS LITTLE SECTION WHERE THE CORRECT RAISED DECK WOULD BE CORRECT.
I SHOULD HAVE CLARIFIED THAT, YES.
NO, THAT, THAT, THAT'S HELPFUL.
'CAUSE I ACTUALLY DRIVE PAST THIS AREA SEVERAL TIMES A WEEK.
SO, UH, WE'RE ESSENTIALLY MEDIATING FROM THE EXISTING GRADE OVER AT THAT PORTION AND JUST TRYING TO AGAIN, SIT LIGHTLY ON THE EXISTING CONDITION RATHER THAN OKAY.
YEAH, THANKS FOR, FOR CLARIFYING THAT.
DO YOU HAVE A QUESTION THERE FOR, WELL, ACTUALLY, I DON'T HAVE A QUESTION.
MY PROBLEM THAT I'M HAVING, UH, NUMBER ONE IS THEY DON'T HAVE A HARDSHIP.
AND THIS IS AN A WANT, NOT A NEED.
UH, I ALSO HAVE A PROBLEM WHEN PEOPLE ARE COMING TO ASK FOR FORGIVENESS INSTEAD OF ASKING FOR PERMISSION WHEN ON SOME OF THESE ITEMS. AND I HAPPEN TO KNOW THAT EVEN IF THERE'S DECOMPOSED METAL, UH, DECOMPOSED GRANITE IN THE AREA THAT THEY TORE UP FROM THE PARKING LOT HAVING BEEN IN THIS BUSINESS, IT IT, YOU REMOVE IT WITH A BOBCAT AND PAY, PUT THE PAVEMENT BACK DOWN, PUT THE ASPHALT BACK DOWN.
I KNOW THERE'S A, A MOTION TO POSTPONE ON THE, ON, UH, THE DAIS.
UH, I, I'M READY TO MAKE A SUBSTITUTE MOTION TO, UH, TO DENY, UH, BEFORE WE DO THAT, CAN I ASK A QUESTION? IT'S JUST NOT, THIS IS NOT A READING, THIS IS NOT A HARDSHIP.
AND ONE SECOND, MELISSA, PLEASE.
THE READING, THIS IS NOT A, A HARDSHIP AND THE HARDSHIP THAT THEY HAVE HERE ISN'T REALLY GERMANE TO THE ASK.
AND BASED ON WHAT I SAW IN THEIR PRESENTATION, UH, ACCESS TO THE DECK THAT THEY HAVE CURRENTLY COULD BE, INSTEAD OF PUTTING, HAVING AN ADDITIONAL DECK IN THE STAIRS THAT COULD COME ALL THE WAY OUT TO THE SIDEWALK, WHICH I ALSO HAVE A PROBLEM, THEY'RE GONNA LOSE THAT PARKING SPACE THAT'S THERE AS WELL.
AND I'M GONNA, I'LL PUT THAT OUT THIS OUT THERE RIGHT NOW, I DON'T CARE WHAT CITY COUNCIL HAS PASSED THROUGH HOME AND, AND DONE AWAY WITH THE PARKING REQUIREMENTS,
[00:45:01]
IF IT COMES TO PARKING, I'M NOT GONNA BE GIVING UP PARKING SPACES BECAUSE IT'S, IT, THEY DON'T UNDERSTAND THE UNINTENDED CONSEQUENCES.IF YOU'VE EVER GONE DOWN EAST SIXTH STREET AND EAST, EAST, FIFTH AND EAST, YOU KNOW, UH, ANY PLACE IN TOWN, JUST ABOUT NOW WHERE THEY'RE BUILDING A LOT OF MULTI-FAMILY AND A LOT OF SMALL BUSINESSES AND A LOT OF BOUTIQUE PLACES, THERE'S NO PLACE TO PARK.
AND THEN THERE'S ALSO NO, YOU CAN BARELY GET BY AND IT'S STARTING TO BECOME, ESPECIALLY DOWN ON EAST FIFTH STREET AND EAST SIXTH STREET, AND THAT'S WHERE I SPEND MOST OF MY TIME.
IT'S A, IT IS STARTING TO BECOME ALMOST A SAFETY HAZARD, FIRE TRUCKS AND OTHER THINGS.
IT'S A, IT'S A WANT, IT'S NOT A NEED.
THEN THE HARDSHIPS JUST ARE NOT GETTING THERE.
THE TOPOGRAPHY HAS ALWAYS BEEN THERE.
UM, I'LL LET, UH, MELISSA ASK A QUESTION, BUT I'M PREPARED TO MAKE A MOTION TO DENY.
THE OTHER END, THE OTHER IT WAS ACTUALLY MAGGIE.
YEAH, MAGGIE HAS, OH, I'M SORRY MAGGIE.
UM, SO MY QUESTION, SO WHAT I'M SORT OF SEEING HERE IS THAT THE, THE INCLINE, I ACTUALLY COULD SEE THAT BEING A HARDSHIP FROM AN ACCESSIBILITY POINT OF VIEW.
SO THIS IS MEANT TO BE A PUBLIC BUSINESS.
I'M IMAGINING SOMEONE IN A WHEELCHAIR TRYING TO GET UP THAT HILL AND I JUST, I, I COULD SEE IT BEING AN ISSUE, BUT I DON'T SEE A RAMP ON THE RAISED DECK.
SO I LIKE, I DON'T SEE THAT THERE'S A SOLUTION TO WHAT COULD POTENTIALLY BE A HARDSHIP.
IS THERE, IS THERE A RAMP THAT I'M JUST NOT SEEING OR IS IT JUST A STAIRCASE ON THE RAISED DECK? THAT'S A QUESTION FOR THE APPLICANT.
THE ACCESSIBLE ROUTE IS ON THE, THE KIND OF PLAN SOUTH SIDE.
SO THROUGH, ALONG WHERE THE FOOD TRUCKS ARE AND THEN INTO THE PROPERTY, AND THEN THERE'S AN EXISTING SIDEWALK AND RAMP UP TO THE DOORS OF THE PROPERTY AND THE EXISTING SEATING.
BUT SO THE, SO SOMEONE WHO IS IN A WHEELCHAIR IS STILL GONNA HAVE TO GO UP, GO UP THE STEEP INCLINE, UH, THEY WOULD GO AROUND TO THE OPPOSITE END.
I'M JUST, I DON'T REALLY KNOW WHAT THE GRATE IS OF.
SO I KNOW THAT YOU'RE BUILDING THE DECK BECAUSE THERE'S A VERY STEEP PORTION IN THAT CORNER.
BUT IS IT, DOES IT CONTINUE TO BE THAT STEEP ALL THE WAY DOWN WHERE THE FOOD TRUCKS, LIKE THE FOOD TRUCK, RIGHT? NO, IT TAPERS TO IT'S FLAT THERE.
AND, AND I HAVE A QUESTION ALSO.
UM, SO DID YOU HAVE TO HAVE A PERMIT TO DO WHAT YOU'VE ALREADY WHAT Y'ALL ALREADY STARTED? YES.
SO AND THEY GAVE YOU A PERMIT? I BELIEVE SO.
I I GOT A SHAKING HEAD BEHIND YOU.
YOU DON'T HAVE A PERMIT? WE NOT, WE'RE WE'RE APPLYING FOR A PERMIT.
COME, PLEASE COME UP AND SPEAK AND STATE YOUR NAME FOR THE RECORD, PLEASE.
I'M THE OWNER OF THE PROPERTY AND, UH, IT IS MY FAULT THAT WE STARTED WITHOUT A PERMIT.
SO HAVE YOU STARTED THE APPLICATION PORTION? YES.
AND THEY'VE NOW TOLD YOU YOU NEED A VARIANCE? YES, THAT'S RIGHT.
SO I AM VERY MUCH IN ATTUNED WITH THE FACT OF NOT SEEING A HARDSHIP, BUT UH, ALSO THE FACT THAT, UM, I, I HAVE SOME SAFETY CONCERNS OVER THE FACT THAT YOU'RE TAKING OUT AN ACCESS FOR POSSIBLE FIRE TRUCKS, SAFETY, WHATEVER THE CASE IS ON THAT OTHER SIDE.
UM, SO I AM, I AM VERY MUCH IN TUNED WITH, UH, WITH BOARD MEMBER VAN OWEN ON SOME OF THESE ISSUES THAT ARE GOING ON BECAUSE IT'S KINDA LIKE YOU'RE, YOU'RE ASKING FOR PERMISSION AFTER YOU'VE ALREADY STARTED.
UM, TRUST ME, I'M VERY WELL AWARE OF THAT IN SOME CASES.
UM, SO BECAUSE, SO SINCE YOU HAVEN'T EVEN BEEN, SO YOU DON'T EVEN HAVE ANY, ANY APPROVAL FROM THE FIRE DEPARTMENT WHATSOEVER AS FOR ACCESS, THOSE TYPE OF ISSUES? YES.
AS IT RELATES TO THE FIRE ACCESS THAT ALL STAY MAINTAINED.
AND AS IT RELATES TO SAFETY IN THIS AREA CURRENTLY, WHERE THIS SECTION OF THE PROPERTY I WOULD CHARACTERIZE AS CURRENTLY UNSAFE, IT'S AN AREA WHERE IF YOU'VE BEEN THERE, IT'S PEOPLE WILL TURN IN OFF EXPOSITION AND THEN TRY TO TURN RIGHT AND GET STUCK.
THERE WILL BE PEOPLE THAT GO IN THERE AND IT'S ACTUALLY A TWO-WAY STREET AND THEY WILL GET STUCK AND IT WILL CAUSE JAMMING GOING BOTH WAYS.
SO AGAIN, I'M NOT, OBVIOUSLY I'M NOT A FIRE EXPERT RIGHT FAR FROM IT, BUT THAT JAMMING IN THE FIRE LANE ACTUALLY CREATES A HAZARD TO FIRE TRUCKS GETTING IN AND OUT OF THE FIRE LANE.
ANY OTHER QUESTIONS? YES, SIR.
CAN I, CAN I SECOND MELISSA'S MOTION? UH, I WAS ACTUALLY GONNA DO THAT TOO, BUT GO AHEAD MAGGIE.
YOU CAN DO IT, BUT I, I, THE REASON I WANNA SECOND, AND THIS IS A QUESTION FOR THE APPLICANT, I SEE A LOT OF THE, UH, IT'S KIND OF SPLIT.
YOU HAVE A LOT OF PEOPLE WHO OBJECT AND PEOPLE ARE VERY SUPPORTIVE OF THIS.
[00:50:01]
IT, I SEE A LOT, ALL THE MORE LATE SUBMISSIONS.MAYBE THIS IS A QUESTION FOR, UM, MS. RAMIREZ, BUT IF WE GIVE YOU A POSTPONEMENT, WOULD THAT BE, UH, WOULD WE GET MORE, UM, OPPORTUNITY? WOULD YOU, DO YOU THINK YOU'LL GET MORE OPPORTUNITY TO SEE MORE VOICES IN THE COMMUNITY? YEAH, THAT'S A QUESTION TO YOU.
I MEAN, I THINK THAT, UM, UH, I'VE TALKED TO MANY PEOPLE IN THIS NEIGHBORHOOD ABOUT DOING SOMETHING LIKE THIS AND THERE IS TREMENDOUS EXCITEMENT ABOUT IT.
GETTING THOSE SAME PEOPLE TO GO AND TAKE THE TIME TO FIND THE NUMBERS, TO REFERENCE AND SEND THE EMAILS AND DO THE THINGS THAT THEY HAVE TO DO HAS ALWAYS BEEN A CHALLENGE FOR ME IN THINGS LIKE THESE.
BUT I CAN ABSOLUTELY GO AND, AND, YOU KNOW, UH, MAKE THE STATUS KNOWN TO THE COMMUNITY AND SEE IF IT'LL COME OUT AND, AND, AND DO THE WORK TO SUPPORT IT.
UM, UM, DO YOU THINK YOU'LL GET, ARE THERE MORE PEOPLE WHO OBJECT TO IT AND WOULD THERE BE MORE, GIVING IT MORE TIME? WOULD YOU BE ABLE TO, UM, KIND OF GATHER THAT AND BRING THAT TO OUR ATTENTION THAT WE POSTPONE IT? I, I WOULD LIKE TELL THAT WEST AUSTIN NEIGHBORHOOD GROUP, I'M NOT, I'M NOT PRIVY TO THE, TO YOUR BACKUP AND WHAT'S IN FRONT OF YOU.
UH, I DO KNOW AT LEAST ONE, AT LEAST AT LEAST ONE PROPERTY OWNER, WELL, COUPLE OF THEM, UH, THEY HAVE PROPERTIES THERE, NOT IN DEEP IN THE NEIGHBORHOOD, NOT PEOPLE THAT WOULD COME TO COME TO THIS USE.
UH, YOU KNOW, AGAIN, OUR POSITION IS THEY HAVE A VERY FUNCTIONING DECK RIGHT THERE NOW.
THEY HAVE ACCESS TO THAT DECK RIGHT NOW.
IF THEY NEED TO PUT A RAMP, THEY CAN PUT IT RIGHT THERE WHERE THE DECK IS RIGHT NOW.
UM, BUT SURE WE CAN, UH, I, WE HAVE MEMBERS, NEIGHBOR ASSOCIATION MEMBERS DIRECTLY ACROSS THE STREET IN THAT NEIGHBORHOOD.
I'M SURE THEY'LL, THEY, THEY'RE, AGAIN, I DON'T KNOW WHAT'S IN FRONT OF YOU, BUT I'M, I'M SURE THEY WILL WEIGH IN THEIR CONCERNS.
AND I GUESS THE LAST QUESTION, I, I MEAN, I WOULD BE, UH, I WOULD BE, UM, IN FAVOR OF POSTPONEMENT AS WELL.
UM, MY, MY QUESTION, UH, TO THE APPLICANT, UM, IS AN OWNER, THE SCHOOL, YOU SAID THERE'S A SCHOOL NEARBY.
IS THERE ANY ISSUES WITH THAT WITH SAFETY OR EMERGENCY VEHICLES BEEN GOING IN OR NO, NOT, I MEAN, NOT THAT I CAN IDENTIFY.
QUESTION TO THE OWNER WHILE YOU'RE HERE.
SO WHEN YOU SAID THE FIRETRUCK GET JAMMED UP, DO YOU MEAN THAT LITTLE SECTION OF THE PARKING LOT THAT'S BETWEEN STARBUCKS AT EXPOSITION WHERE IT'S KIND OF LIKE ONLY ROOM FOR ONE CAR TO GO BY? YEAH, SO I, BY THE WAY, WHEN I SAY I DON'T WANT, I DON'T WANNA BE ON RECORD SAYING THAT THAT FIRE TRUCKS GET JAMMED UP.
I MEAN THAT IS A CHOKE POINT THAT, BECAUSE I'M FAMILIAR WITH THAT PARKING LOT.
I THINK THE FIRST TIME I DROVE THROUGH THERE I WAS LIKE, THIS IS A WEIRD DESIGN.
SO THE FIRE LANE, THE FIRE LANE GOES AROUND THE BACK OF THE PROPERTY.
SO YOU GO IN OR YOU GO IN OFF OF EXPEDITION, YOU GO AROUND THE BACK OF THE PROPERTY.
THAT IS THE, THAT IS OUR FIRE LANE.
SO THE TWO ENTRYWAYS, THE ONE THAT'S NORTH OF ZEDS WHERE THE FIRE LINE IS YEAH.
TO CARS OR TRUCKS TO ACCESS THE BACK OF THE BUSINESSES.
THE ONE TO THE SOUTH OF STARBUCKS THAT IS, UH, A LITTLE BIT OF A WIDER ENTRYWAY THAT'S STAYING OPEN, THAT'S ALSO STAYING.
IT WOULD JUST BE THE LITTLE, IT'S LIKE A PASS THROUGH.
AND ACTUALLY, UM, IN THAT, IN THAT AREA, I CAN PERSONALLY HAVE A, YOU KNOW, I PERSONALLY OBSERVED THAT BEING A DANGEROUS PLACE JUST FOR ME, LIKE ME BEING, AND I DON'T THINK YOU NEED THE VARIANCE THOUGH, TO CLOSE THAT OFF TO VEHICLES THOUGH, RIGHT? NO, NO, NO.
WE CAN, AGAIN, THE VARIANCE IS, IS ONLY FOR THE, A SMALL PORTION OF THE DECK, UH, SETTING THE VARIANCE FROM, OR THE SETBACK FROM 10 FOOT, THREE FOOT FROM 10 FOOT TO THREE FOOT.
I I GUESS I'LL EXCUSE THE O THE SAME QUESTION I ASKED THE APPLICANT EARLIER.
WHAT WOULD HAPPEN IF THE VARIOUS WAS TODAY? LIKE WHAT WOULD YOU DO WITH THAT SECTION OF THE PARKING LOT? IT WOULD JUST HAVE TO BE A SMALLER DECK.
IT WOULD, AND WE WOULDN'T HAVE, WE WOULDN'T HAVE THE ACCESS POINT AS WE HAVE IT CURRENTLY DESIGNED.
I'M GONNA ASK ONE MORE QUESTION BEFORE I, UH, GO BACK TO, TO BOARD MEMBERS SAR.
UM, SO YOU DON'T EVEN KNOW IF YOU HAVE, HAVE Y'ALL EVEN TRIED TO TURN IT IN FOR PERMITTING YET AND HAVE BEEN TOLD THAT YOU NEED A VARIANCE OR THEY Y'ALL HAVEN'T DONE ANYTHING AT ALL YET? NO, WE'RE IN FOR PERMIT AND WE'RE, WE'VE BEEN TOLD THAT WE NEED A VARIANCE.
AND WHAT DID THEY SAY THAT YOU NEEDED THE VARIANCE FOR? FOR THE SETBACK? JUST FOR THE SETBACK.
JUST FOR THE DECK STRUCTURE OR, THAT'S HOW I READ THE COMMENT ON THAT.
SO, BUT IT'S ONLY GONE TO A CERTAIN POINT IN THE PROCESS AND IT'S BEEN STOPPED.
YOU'RE NOT WAITING ON VARIANCE, IS THAT CORRECT? ON THE PERMITTING CORSET? I WOULD THINK THEY ARE WAITING ON A VARIANCE BECAUSE THEY WOULDN'T BE ABLE TO GET A SITE PLAN OR SITE PLAN EXEMPTION APPROVAL WITHOUT IT.
I WAS JUST TRYING TO FIND OUT WHETHER OR NOT THAT THEY, YOU KNOW, STILL WORKING ON OTHER ISSUES
[00:55:01]
THAT GO ALONG WITH THAT.YOU WANTED TO DO YOUR OH YEAH, I WAS JUST GONNA SECOND, UH, UH, BOARD MEMBER HAWTHORNE'S MOTION TO POSTPONE.
UM, MY THOUGHT HERE IS THAT IF THERE ARE A LOT OF OBJECTIONS, I WANNA GIVE THE APPLICANT A LITTLE MORE TIME TO TALK WITH THOSE FOLKS AND SEE IF ANY KIND OF COMPROMISE CAN BE REACHED, UM, BEFORE WE MOVE FORWARD.
I WANNA ENCOURAGE PEOPLE TO, YOU KNOW, TAKE CARE OF THEIR PROPERTY, MAINTAIN THEIR PROPERTY, AND BEAUTIFY THEIR PROPERTY.
THERE IS A LACK OF SERVICES IN THIS AREA, SO I THINK SERVICES ARE IMPORTANT, BUT I ALSO FEEL LIKE SAFETY AND LOOKING AT HOW THE CROSSINGS WORK AND THE, THE LINE OF SIGHT, UH, ISSUES.
'CAUSE BY BRINGING THAT FORWARD AND HAVING IT BE RAISED AND HAVING THE FOOD TRUCKS PARTICULARLY LINED UP THERE JUST KIND OF MAKES ME A LITTLE NERVOUS.
AND THAT IS AN ELEMENTARY SCHOOL RIGHT THERE.
AND I THINK, UM, THAT, UH, YOU KNOW, YOU HAVE A, A, A REALLY GOOD GROUP OF NEIGHBORS IN THE WEST AUSTIN NEIGHBORHOOD GROUP THAT ARE ALWAYS WILLING TO TALK AND COME TO SOME KIND OF SOLUTION AND THEY JUST HAVE PERSPECTIVES THAT PERHAPS YOU'RE NOT THINKING OF AS YOU DON'T LIVE THERE.
AND, UH, I WOULD, I WOULD ENCOURAGE YOU TO TAKE ADVANTAGE OF THEIR, THEIR KINDNESS.
I MEAN, I MEAN, WE ALL HAVE MOMENTS WHERE WE'RE NOT THAT, BUT, UH, IN MY EXPERIENCE IS THAT, THAT THEY ACTUALLY ARE GENERALLY VERY WELCOMING AND THEY COULD PROBABLY HELP YOU WITH THE SOLUTION AS WELL.
CAN I ASK ANOTHER QUESTION TO THE, UH, PROPERTY OWNER? SO, SO THANK YOU BOARD MEMBER HAWTHORNE.
'CAUSE THAT, THAT DID GET ME THINKING MORE ABOUT YOUR COMMENT TO THE OWNER.
SO IF SOMEBODY, LET'S SAY THIS, THIS VARIANCE WAS GRANTED, YOU BUILT THE HIGHER DECK UP TO THE SIDEWALK.
IF SOMEBODY WAS EXITING THAT NORTHERN EXIT AND THEY'RE, WOULD THEY BE ABLE TO SEE THE CARS COMING NORTHBOUND ON EXPOSITION? YEAH.
THERE, THERE WOULD BE A LINE OF SIGHT.
THERE, THERE'S, THEY'RE, THEY'RE SUFFICIENT.
I MEAN, YOU HAVE THE, YOU HAVE THE, SORRY, YOU HAVE THE SIDEWALK, RIGHT.
WHICH IS PUBLIC AND THEN YOU HAVE A SETBACK, RIGHT? AND THEN THAT'S YOUR LINE OF SIGHT.
SO YOU COME TO THE STREET AND YOU CAN SEE LEFT AND YOU CAN SEE RED, SOME VISUALS THAT WOULD SHOW THAT MIGHT BE HELPFUL.
YEAH, I MEAN I, AND I, I, I KIND OF AGREE WITH, WITH BOARD RUBBER VAN OLAN HERE.
LIKE, I, I HONESTLY LIKE THE DESIGN.
BUT I, I THINK IT, IT'S GREAT TO HAVE AN EXPANDED PATIO.
I THINK I, I THINK THAT'S, I IT'S ACTUALLY GOOD TO TAKE THOSE PARKING SPOTS OUTTA SERVICE.
'CAUSE THAT IS A DANGEROUS CHOKE POINT.
BUT I JUST, I DON'T, I WONDER IF THERE REALLY IS A HARDSHIP AND IF YOU REALLY NEED A VARIANCE TO, TO MAKE A BIGGER SEATING AREA THERE.
SO THAT'S, THAT'S SOMETHING YOU COULD KIND OF FIGURE OUT IN THE POSTPONEMENT IF THERE'S, UM, WELL REMEMBER THAT, THAT'S WHERE I WAS COMING FROM.
YOU'RE STILL GONNA GET A DECK.
IT'S JUST NOT GONNA BE AS BIG OF A DECK.
BUT IT'S ALSO A SITUATION WHERE THESE HARD, AND I I WILL SAY THIS.
IF THE, IF THE MOTION FOR POSTPONEMENT CARRIES, I WILL, I'LL VOTE TO POSTPONEMENT AS WELL BECAUSE THERE'S NO, NO NEED IN VOTING NO IF IT'S NOT GONNA CARRY.
BUT I WILL SAY THIS, YOUR HARDSHIP AIN'T GONNA CUT IT.
AND SO WHEN YOU COME BACK THE NEXT TIME, IF I, YOU, YOU NEED TO MEET WITH WANG.
FIRST OF ALL, THEY'RE A VERY ACTIVE NEIGHBORHOOD ASSOCIATION AND, UM, THOSE, THE, THE COMMUNITY THERE, THEY'LL, THEY'LL FILL THIS ROOM HERE WITH THE OPPOSITION.
YOU, YOU NEED TO REALLY WORK WITH THE NEIGHBORHOOD.
BUT THE, UM, THE HARDSHIP THAT YOU'VE GOTTEN WRITTEN HERE, FROM A LEGAL STANDPOINT, I COULDN'T EVEN SUPPORT IT BECAUSE YOU'RE, YOU'RE ASKING TO GO INTO THE EASEMENT, YOU DON'T NEED TO.
AND YOU, YOU CAN STILL ADD ONTO YOUR DECK, BUT YOU'RE JUST NOT GONNA ADD ONTO YOUR DECK ALL THE WAY THREE FEET UP.
YOU SEE WHAT I'M SAYING? SO THE HARDSHIP HAS TO BE THE TOPOGRAPHY ISSUE THAT YOU SHOWED IN YOUR PRESENTATION.
ALSO, UH, THAT TOPOGRAPHY TECHNICALLY ISN'T A HARDSHIP BECAUSE YOU'VE ALREADY GOT A DECK ON THAT TYPE OF TOPOGRAPHY WITH ELEVATION THERE, YOU SHOWED IT IN YOUR PRE PRESENTATION.
SO TAKE SOME TIME, UH, TO WORK ON THAT HARDSHIP AND GET WITH THE NEIGHBORHOOD ASSOCIATION BECAUSE I, YOU KNOW, YOU I'M GONNA BE A HARD SELL GUYS.
IT'S JUST, IT'S JUST THAT'S WHERE WE ARE NOWADAYS.
UM, SO SINCE CONSTRUCTION WAS STARTED WITHOUT A PERMIT, UM, WHEN WAS THE PERMIT APPLIED FOR, DO YOU KNOW? APPROXIMATELY RECENTLY OR LIKE, I DON'T KNOW WHEN ALL THIS STARTED.
I CAN, WE CAN PROBABLY FIND IT.
I, I WOULD SAY WITHIN THE LAST MONTH OR SO.
[01:00:01]
POSTPONEMENT, WE WON'T KNOW QUITE THE DISPOSITION OF THAT PERMITTING.WE MIGHT STILL NOT HAVE THAT INFORMATION DEPENDING ON HOW LONG WE POSTPONE FOR.
UM, JUST KIND OF DEPENDS ON HOW LONG IT TAKES FOR THAT.
SO I, I WOULD SAY THAT THAT'S RIGHT.
ALTHOUGH I WOULD ALSO SAY THAT I'M NOT TOTALLY QUALIFIED TO ANSWER THE QUESTION.
UM, THAT'S JUST SO THAT YOU'RE AWARE.
I FEEL LIKE, UM, UNLESS THEY'VE BEEN LIKE, SURE, THIS IS A SLAM DUNK PERMIT, I, I DON'T KNOW WHAT THE STATUS OF THAT IS.
UM, SO IT'S KIND OF HARD FOR US TO SAY SURE.
WE CAN AGREE WITH THAT WHEN WE DON'T EVEN KNOW IF THE WHOLE PROJECT IS PERMITTED.
SO MORE INFORMATION IS DEFINITELY A NEED AT THIS POINT, I THINK.
WELL THEN I GUESS WE HAVE A, WE HAVE A FIRST, UH, WE HAVE A MOTION BY BOARD MEMBER HAWTHORNE FOR A POSTPONEMENT SECONDED BY, UH, MAG ANI.
ANYBODY ELSE IN? OKAY, I GUESS WE WILL NOW TAKE A VOTE ON THAT.
I'M SEEING A FINGER OVER THERE.
WE NEED A DATE FOR POSTPONEMENT.
HOW MUCH DO YOU THINK OUR NEXT AVAILABLE MEETING? YEAH.
UM, AND THEN THERE'S JULY 13TH.
JUST KEEP IN MIND IF Y'ALL POSTPONE UNTIL JULY 13TH, THAT'S 60 TO EIGHT DAYS OUT.
SO THEY WOULD BE REQUIRED TO PAY A REIFICATION FEE.
NOTICES WOULD HAVE TO BE SENT OUT.
I, I WOULD LIKE TO AMEND MY MOTION TO POSTPONE TO JUNE 8TH.
IS THAT ALL RIGHT WITH YOU? MAY 2ND.
IS THAT, IS THAT, THINK YOU'RE GONNA GIVE IT ENOUGH TIME TO BE ABLE TO GET WHAT Y'ALL NEED TO GET DONE? YES.
THIS IS FOR, UH, A MOTION FOR POSTPONEMENT TILL JUNE 8TH, SECONDED.
OR BY MELISSA HAWTHORNE, BY BOARD MEMBER HAWTHORNE, SECONDED BY, UH, MAG C.
BOARD MEMBER OF THAT, UH, C AND I GUESS WE WILL GO AHEAD AND CALL A VOTE.
WE WILL BE RESETTING THIS SO THAT YOU GOT POSTPONEMENT UNTIL, UH, TWO, TWO, THE EIGHTH.
I WOULD HOPEFULLY SUGGEST THAT YOU GUYS GET WITH WANG AND GET THIS THING WORKED OUT SO THAT, UM, THEY HAVE BEEN VERY, THEY'VE BEEN VERY SUPPORTIVE OF NEIGHBORHOOD THINGS AND AS, UH, BOARD MEMBER HAWTHORNE MENTIONED, AND ALSO BOARD MEMBER VAN OWEN, UM, YOU PROBABLY NEED TO REACH OUT AND TALK WITH THEM SOONER THAN LATER.
[5. C15-2026-0017 Mike McHone for Brian Copland 57 N IH35 Service Road NB]
ON.SO OUR NEXT CASE IS C 15 2 0 2 6 DASH 0 1 7.
THIS IS 57 NORTH IH 35 SERVICE ROAD NORTHBOUND.
UH, I THINK WE'VE SEEN THIS YOUNG MAN BEFORE, HAVEN'T WE? YOU GET A, YOU GET A TWO FOR ONE TONIGHT, DIDN'T YOU? YES, SIR, I DID.
UH, UH, WHEN YOU HAVE A, A BUSINESS AND FRIENDS CALL YOU AND SAY, YOU KNOW, THE CASE YOU DID BACK IN 2016, UH, QUOTE, A VERY FAMOUS, UH, NEW YORK YANKEE PHILOSOPHER, IT'S DEJA VU ALL OVER AGAIN.
THE, UH, STATE OF TEXAS HAS COME BACK INTO THIS POOR LOT AND WHACKED IT GOOD AND TAKEN AWAY, UH, A PORTION OF THE LOT.
APPLICANT IS REQUESTING A VARIANCE FROM THE LAND DEVELOPMENT CODE SECTION 25 2 7 7 9 SMALL LOTS, SINGLE FAMILY USE FOR AN F ONE'S LOT SIZE REQUIREMENT TO DECREASE THE LOT SIZE FROM 1800 SQUARE
[01:05:01]
FEET TO 1,493 SQUARE FEET, F FOUR TO SETBACK FRONT YARD FROM 10 FEET TO FIVE FEET.AND THE LAND DEVELOPMENT CODE FESTIVAL BEACH SUBDISTRICT REGULATIONS, IMPERVIOUS COVER REQUIREMENTS TO, UH, INCREASE THE FROM 40% MAXIMUM TO 60% REQUESTED.
AND WE'LL START OFF WITH THE, UH, I'M MIKE MCCONE REPRESENTING THE OWNERSHIP.
AND THIS IS, LIKE I SAY, 2016 CAME BEFORE THE BOARD OF ADJUSTMENT WITH A VERY SIMILAR REQUEST.
A HOUSE WAS BUILT, A VERY NICE TWO STORY HOUSE WAS BUILT ON THE LOT.
AND, UH, THEN THE STATE OF TEXAS DECIDED THAT THEY NEEDED TO HAVE A FRONTAGE ROAD THAT WIDENED AND BUILT A VERY LARGE FREEWAY AS THEY EXPANDED IH 35 THROUGH THE CENTER CITY.
THIS, UH, SHOWS YOU THE, UH, OUTLINE OF THE LOT, UH, AS APPROVED, WHICH IS THE BLACK LINE RUNNING UP TOWARD THE SIDEWALK ON THE NORTH AND DOWN AND BACK TO THE ALLEY.
AND THE LONG FRONTAGE OF THE BUILDING IS THE LONG DI MENTION IS THE FRONTAGE, AND IT USED TO BE SAN MARCO STREET.
NOW IT'S GOT THAT, UH, ABBREVIATION OF THE HIGHWAY 35 NORTH.
THE RED LINE REPRESENTS THE DIMINISHED LOT SIZE.
THE GRAY THERE IS THE, UH, IT STATE OF TEXAS LEFT US WITH THE SLAB.
SO WE HAVE THE SLAB OF THE NEW, THE OLD HOUSING UNIT.
THE, UH, NEXT SLIDE SHOWS THE PROPOSED BUILDING FITTING ON THIS NEW SMALLER LOT.
IT WILL BE THREE STORIES, BUT IT ALL FITS THERE, UH, GIVES A LITTLE BIT OF LAND, UH, AND, UH, WE BELIEVE THIS IS A ADEQUATE AND USE OF THE PROPERTY.
IT IS CONSISTENT WITH THE NEIGHBORHOOD.
WE DID GO TO THE CITY AND WENT THROUGH A RESIDENTIAL REVIEW WITH THEM, UH, TO GET ALL OF THE VARIANCE REQUESTS IN ORDER THAT WE WOULD NEED.
UH, THEY WERE SUPPORTIVE OF THE IDEA OF A PUTTING A RESIDENCE BACK, UH, RATHER THAN HAVING A BLANK PIECE OF PROPERTY, WHICH WOULD CREATE SOME PROBLEMS WITH THE CITY'S, UH, SITUATION OF HAVING VACANT LOTS.
UH, THE INNER CITY, THE SETBACK REQUIREMENT.
UH, THIS NEXT SLIDE SHOWS YOU WHAT WILL HAPPEN, UH, SO THAT IT IS NOT AN IMPOSITION OR A SAFETY HAZARD WITH JUST A FIVE FOOT FRONT YARD THERE ALONG THE FRONTAGE ROAD BECAUSE THE HIGHWAY, NO, THE TDOT, I'LL CALL IT MY DAD WORKED FOREVER FOR THE HIGHWAY DEPARTMENT AND WE ALWAYS CALLED IT THE HIGHWAY DEPARTMENT.
THE TDOT IS PARTING IN A TEXDOT SHARED USED PATH.
UH, AND THERE WILL BE 19 FEET TOTAL DISTANCE BETWEEN THE PROPOSED RES, UH, RESIDENCE AND THE TEXDOT, UH, TRAVEL LANE.
SO IT'S, UH, ADEQUATE AND HAS A SIDEWALK IN THAT WOULD NORMALLY BE ON THE PROPERTY OR ADJACENT TO IT.
AND SO WE BELIEVE THIS WILL BE A, A BENEFIT TO THE PROPERTY AND ALLOW FOR ALL THE ALTERNATIVE METHODS OF TRANSPORTATION, UH, TO GET TO IT, AS WELL AS BE, UH, ACCESS VIA THE ALLEY ON THE REAR.
UH, AS FAR AS THE IMPERVIOUS COVER, IF WE GO TO THE NEXT SIDE, UH, THE LITTLE CALCULATIONS HERE WITH THIS SLAB THERE SITTING ON THE SITE, THAT REMAINS THE PORTION OF THE LOT THAT REMAINS.
IT'S NOW AT 63% IMPERVIOUS COVER.
AND WE ARE GOING TO, UH, TEAR OUT THAT SLAB, BUILD A NEW SLAB TO SUPPORT THE BUILDING AND GET A 60 DOWN TO 60% IMPERVIOUS COVER, WHICH IS ABOUT THE MINIMUM BUILDING SIZE WE CAN GET AND STILL HAVE SOMETHING TO BUILD.
UH, AND WE THINK THAT THIS, ALL OF HIS TAKINGS HAD CREATED A HARDSHIP THAT, UH, ALLOWS US, UH, CREATES A HA UH, A CHALLENGE, BUT AT THE SAME TIME A CHALLENGE BEING MET BY CREATIVE USE OF THE SITE AND BUILDING A COMPATIBLE NEW HOUSE THAT WOULD BE COMPATIBLE AND USEFUL FOR THE NEIGHBORHOOD AND THE CITY.
UM, THESE DIFFERENCES IN THE, UH, IMPORT COVER AMOUNT TO ABOUT 300 SQUARE FEET BETWEEN EXISTING.
AND WHAT WAS THAT? UH, THANK YOU SIR.
I, SORRY, I FORGOT TO TELL YOU THAT.
MAKE SURE YOU SPEAK YOUR NAME AT THE, AT THE BEGINNING OF THIS, BUT I SEE YOU GOT THAT IN THERE AT, AT SOME POINT.
IS THERE ANY OPPOSITION TO THIS? OKAY.
NOT SEEING ANY, I GUESS WE WILL NOW.
[01:10:01]
QUESTIONS? YES, SIR.I DON'T HAVE A QUESTION, BUT I WAS HERE IN 2016 WHEN IT CAME UP THE FIRST TIME.
AND SO, AND, AND THE SAME THING HAPPENED BACK THEN.
I THINK THEY CUT THE LOT AT THAT TIME ALSO.
AND SO I'M GONNA MAKE A MOTION TO APPROVE, UH, COMING BACK WITH A SMALL I'LL SECOND EXCUSE.
OH,
UM, I JUST HAVE A, I DON'T REALLY HAVE A QUESTION, BUT I'M, I'M REALLY CONCERNED OVER THIS.
UH, THE 60% ARE, ARE YOU GONNA BE ABLE TO MAKE THAT? 'CAUSE I KNOW THAT WE HAVE THAT OTHER REQUIREMENT IN THERE BASED UPON THE, THE BEACH, THE FEST, UH, FEST FESTIVAL BEACH.
UH, THEIR ISSUE, I MEAN, KIND OF BETWEEN A ROCK AND A HARD SPOT ON THIS AND TRYING TO EVEN GET THAT.
BUT WE BELIEVE THAT THIS IS A REASONABLE USE GIVEN THAT IT'S ONLY CHANGING IT BY A SMALL SQUARE FOOTAGE.
I MEAN, YOU COULD, IT WOULD HIT FOOT EASILY BETWEEN YOU AND I SIR, OF THE AMOUNT OF SQUARE FOOTAGE.
'CAUSE WE'RE DEALING WITH THE SMALL NUMBERS.
NO, AND I, I REMEMBER WHEN THERE WAS A BUILDING THERE BEFORE AND IT WAS LIKE, I WAS THERE ONE DAY AND IT'S, IT'S GONE THE NEXT DID YOU COME UP WITH YOUR, UH, QUESTION YET? I THINK YOU ACTUALLY HAD THE QUESTION.
IT WAS ABOUT IMPERVIOUS COVER.
SO THE FESTIVAL BEACH BEING SLIGHTLY DIFFERENT.
I DIDN'T MEAN TO TAKE IT AWAY FROM YOU.
MR. WELL, EVEN THE, THE REASON I I MADE THE MOTION TO APPROVE IS 'CAUSE WE DID HAVE 63% ON THE PREVIOUS ONE.
AND SO YOU, I'M, I'M FINDING IT PRETTY AMAZING THAT THEY'RE ABLE TO, THEY GOT THE LAND CUT DOWN AND THEY'RE ABLE TO BRING IT DOWN SO THAT, THAT, UH, GIVES ME A LITTLE BIT OF COMFORT.
I DO ALSO RECOGNIZE THAT ANY RUNOFF THAT COMES OFF THAT PROPERTY IS PROBABLY GOING TO 35.
IT'S GONNA GO DOWN THAT GUTTER AND GO THROUGH THE I 35 DRAINAGE SYSTEM.
UH, SO I DIDN'T, I DON'T THINK IT'S AN UNREASONABLE ASK FOR THIS PARTICULAR CASE.
'CAUSE YOU'RE, YOU'RE DEALING WITH THAT BRAND, THAT BRAND NEW STORM DRAIN THAT THEY'VE GOTTA CUT AND IT'S BEING CUT THROUGH THE PARKING OR GOING, BEING CUT THROUGH THE NEIGHBORHOOD DOWN THROUGH THERE, UH, TO WHERE IT COMES BACK IN.
SO I DON'T SEE ANY MAJOR ISSUE WITH THAT.
THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW REASONABLE USE BECAUSE THE PROPERTY WOULD HAS, EVEN THOUGH THE PROPERTY HAD BEEN GIVEN A SIMILAR VARIANCE, UH, CASE IN 2016 DUE TO THE TECH TAKEN BY TXDOT IN 2025, TDOT AGAIN TOOK 798 SQUARE FEET, EVEN 1493 SQUARE FEET OF A VERY IRREGULAR SHAPED LOT.
THE HARDSHIP, THE HARDSHIP OR THE VARIANCE IS REQUESTED, IS UNIQUE TO THE PROPERTY.
AND IS THAT THE CURRENT SMALL IRREGULAR SHAPED LOT WAS CREATED BY CONDEMNATION, BY TECH STOP FOR THE EXPANSION OF I 35.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE MOST LOTS IN, IN THE NEIGHBORHOOD DO NOT FRONT IH 35 FRONTAGE ACCESS ROAD AREA CHARACTER, THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORM ANY PROPERTY, AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATION OF THE ZONING DISTRICT, DISTRICT IN WHICH THE PROPERTY IS LOCATED.
BECAUSE MANY LOTS IN THE NEIGHBORHOOD ARE DEVELOPED WITH SMALL HOMES AND THE PROPOSED SINGLE FAMILY HOME IS COMPATIBLE WITH THE ADJACENT PROPERTY USES.
WE WILL NOW TAKE A VOTE ON THIS AND GO FROM THERE.
YOU'RE GONNA HAVE TO TELL ME AGAIN.
SAMIR, HOW DO YOU SEE? OH, SAMIR.
JUST WHEN I READ IT, IT DOESN'T, YEAH.
I'LL SPELL IT THE WAY IT LOOKS, THE WAY I HAVE TO PRONOUNCE.
UH, BOARD MEMBER HAWTHORNE? YES.
VON BOARD MEMBER VON OWEN? YES.
AND BOARD MEMBER VALENTINE? YES.
AND THEN BOARD MEMBER MCCLELLAN? YES.
WE APPRECIATE YOU COMING UP AND DEALING WITH THIS.
[01:15:01]
ALL RIGHT.[6. C15-2026-0010 David Anderson for Mark A Macaulay 4219 & 4201 S 1st Street ]
THIS IS A RECONSIDERATION.BASED UPON OUR RECONSIDERATIONS, THIS IS STRICTLY A SIMPLE MAJORITY AND WE ARE SUPPOSED TO FIRST MAKE SURE THAT EVERYBODY UNDERSTANDS WE NEED TO VOTE ON WHETHER OR NOT WE WANT TO RECONSIDER.
THIS IS ON, UM, THIS IS CASE NUMBER C 15 2 26 0 0 1.
THIS IS ON, UM, UH, WHERE'S THAT? THE ADDRESS IS, UH, 42 19 SOUTH.
UH, FIRST, YEAH, SOUTH FIRST STREET.
UH, WE LOOKED AT THIS ONE LAST TIME, LAST BOARD MEETING, AND THEY'VE COME BACK FOR A RECONSIDERATION WANTING US TO, TO RECONSIDER.
DIDN'T WE GRANT THIS THOUGH? WE DID.
WE, GRANTED, THIS IS A RECONSIDERATION.
WE GRANTED THIS, UH, AND WHAT WE, THE FINDINGS WERE, WE HAD 11 TO ZERO ON THIS AND IT WAS GRANTED ON THE, ON THE CONDITION, IT WAS A GAS STATION.
AGAIN, WE WERE DOING BACK TO THE, THE SAME QUESTION ABOUT THE NUMBER OF POSITIONS.
UH, IT WAS ALSO A HERITAGE TREE ON IT THAT WAS PART OF THE CONDITION THAT THE TREE BE PRESERVED.
AND, UH, WE HAD ONE OPPOSITION ON THAT, WHICH HAPPENED TO BE THE NEXT DOOR, UH, NEXT DOOR BUSINESS.
SO, UH, CHAIR BOWEN? YES, MA'AM.
JUST WANNA MAKE SURE PROCESS WISE, UH, JUST KIND OF GET A LITTLE REFRESH FOR MY MEMORY.
AND I'M NOT SURE WHETHER IT'S, UH, MS. LOPEZ OR MS. RAMIREZ.
UM, SO WE JUST READ THE BACKUP AND THEN WHETHER WE WANT TO RECONSIDER OR NOT, SOMEONE MAKES A MOTION AND A SECOND AND SUCH.
OR IS THERE ANY TYPE OF, UH, COMMUNICATION, UH, FROM THE APPLICANT OR THE, UM, AGGRIEVED PARTY? THE JUST PROCESS, JUST PROCESS WISE? YES, MA'AM.
THANK YOU FOR HELPING ME WITH THAT.
'CAUSE UH, RECONSIDERATIONS, YOU KNOW, WE'VE DONE A FEW AND IT'S, UH, THEY'VE BEEN FAR FEW BETWEEN.
SO TRYING TO GO BY MEMORY AND ALSO LOOKING AT WHAT I CURRENTLY HAVE.
SO, AND I SEE OUR LEGAL PERSON SITTING OUT THERE.
ERICA LOPEZ, ASSISTANT CITY ATTORNEY.
THE RECONSIDERATION REQUEST IS BASED ON WRITTEN MATERIAL ONLY.
THERE IS NO OPPORTUNITY FOR TESTIMONY.
IT'S JUST BASED ON WHAT WAS SUBMITTED TO Y'ALL.
SO WE CAN'T ASK ANY QUESTIONS OF EITHER THE PERSON SEEKING THE RECONSIDERATION OR THE OWNER UNLESS WE ACTUALLY GRANT IT.
UNLESS WE ACTUALLY OPEN THE HEARING OR THE RECONSIDER, CORRECT.
SO, UH, ANY MOTION TO RECONSIDER THIS? I WOULD, I WOULD BE, UM, WILLING TO, WE CAN'T ASK WHY WE'RE BEING, WHY IT'S BEING RECONSIDERED.
IS THAT CORRECT CHAIR? THAT IS CORRECT.
WELL, THERE'S WRITTEN MATERIAL.
IT'S WRITTEN MATERIAL IN YOUR BACKUP.
YEAH, BUT I DON'T SEE FOR MY, UH, FOR MYSELF, I DON'T SEE ANYTHING NEW IN THE WRITTEN MATERIAL.
IT HAS TO BE NEW MATERIAL THAT WE HAVEN'T ALREADY ADJUSTED IN PREVIOUS HEARINGS.
CAN YOU MAKE A MOTION TO NOT RECONSIDER A MOTION TO DENY? YEAH, I GUESS MOTION TO DENY.
THEN WE WILL TAKE A VOTE ON A MOTION TO DENY.
IT, UH, MOTION TO DENY BY BOARD MEMBER SARAH STAI.
SECONDED IT BY BOARD MEMBER HAWTHORNE.
WE WILL NOW TAKE A VOTE ON THAT.
SEE, I'VE GOT IT RIGHT THAT TIME.
UM, BOARD MEMBER ABDULLAH? NO.
[01:20:01]
MORE THAN ADMIT OUR SIMPLE MAJORITY.BUT I WILL ASK THE LAST TWO BOARD MEMBER VALENTINE.
AND THIS IS TO DENY THE RECONSIDERATION? YES, MA'AM.
AND BOARD MEMBER MCCLELLAN? NO.
WELL, EVEN BY SIMPLE MAJORITY THE, UH, THE YESS HAVE IT AS TO DENY THIS, THOUGH.
SO LOOKING AT THE REST OF THE AGENDA.
IF I SAY SO MYSELF, GREAT JOB CHAIR.
WELL, IT'S KIND OF NERVE WRACKING WITH YOU UP THERE AND EVERYBODY ELSE UP THERE KIND OF LOOKING AT ME, YOU KNOW, BUT THAT'S OKAY.
UH, THANK YOU FOR Y'ALL'S SUPPORT.
UH, SO ITEM NUMBER SEVEN, IT'S
[7. April 13, 2026, Board of Adjustment activity report ]
OUR MONTHLY REPORTS.EVERYBODY LOOK AT THOSE, OF COURSE, AS OUR BEAUTIFUL, OUR FABULOUS KEEPERS OF OUR BOARD DO A REALLY GOOD JOB WITH THAT.
[10. Approval of changes to BOA rules and procedures to limit time for registered speakers ]
AND DISCUSSION AND ACTION ITEMS. I HAD A QUESTION REGARDING ITEM NINE, WHICH IS APPROVAL OF TIME OF CHANGES FOR THE BOARD AND RULES, PROCEDURES FOR TIME LIMITS FOR REGISTERED SPEAKERS.UH, ANY QUESTIONS OR COMMENTS REGARDING THAT? WE PRETTY HAPPY WITH WHAT WE GOT.
I SEE A, A GROUP OF SILVER THERE, SIR, I CAN'T SEE ANYTHING YET.
OH, YOU CAN'T SEE ANYTHING? OKAY.
NO, ACTUALLY, UH, I HAVE NOTHING.
WELL, THANK YOU FOR YOUR FIRST, FIRST GO ROUND ON THE TRICYCLE.
YEAH, I, I EVEN KEPT ALL THREE WHEELS.
I THINK
YOU DID A GREAT JOB, BY THE WAY, FOR YOUR FIRST TIME OR ANYTIME.
UM, IF I REMEMBER THIS ITEM, I THINK, UH, I THINK IF IT'S EXACTLY THE SAME AS IT IS, I ACTUALLY, UM, WOULD BE FOR TREATING EVERYONE EQUALLY, WHERE EVERYONE GETS THREE MINUTES.
YOU DON'T HAVE TO SEE, RAISE PEOPLE, ASK PEOPLE TO RAISE THEIR HAND.
WHO'S GIVING TIME TO WHO? IT, IT, IN MY OPINION, IT, IT CAUSES, UM, SAYING SOMEONE'S GETTING NINE MINUTES, FOR EXAMPLE, OR HOWEVER LONG.
I DON'T KNOW IF THERE'S EVEN A MAX FOR ONE PERSON TO JUST KEEP HAVING PEOPLE RAISE THEIR HANDS.
IF THERE ARE, I'M SORRY, I'M THE MO I'M THE BIGGEST ROOKIE HERE.
UH, BUT WHAT I WOULD SAY IS I WOULD SAY THREE MINUTES.
EVERYONE, WE DON'T, IT MAY EVEN SAVE TIME.
I WOULD ACTUALLY ASK, MAYBE MS. RAMIREZ WOULD BE THE EXPERT ON THIS, BUT IT MAY ACTUALLY SAVE TIME BY KNOWING, JUST GIVE THREE MINUTES, THREE MINUTES, THREE MINUTES.
WE CAN LIKE LINE THEM UP AS OPPOSED TO FINDING WHO IS GIVING TIME AWAY AND STUFF.
AND, UM, YEAH, AND I THINK IF I, IF I REMEMBER CORRECTLY, IT'S LIKE, UH, YOU TREAT A CERTAIN AMOUNT AND THEN YOU START GOING DOWN TO TWO MINUTES AFTER THE AFTER NIGHT.
I DON'T, MY UNDERSTANDING, UH, THE FORMER CHAIR SAID THAT'S NEVER GOTTEN TO THAT POINT.
SO I, I THINK SOME THINGS ARE A LITTLE BIT MORE HEATED OR NOT.
BUT I GUESS ON ONE OF ONLY ONE OF 11 VOTES, I I WOULD ACTUALLY, UH, UH, VOTE TO TREAT EVERYONE EXACTLY THE SAME.
SO YOU DON'T HAVE TO ASK WHO'S GIVING TIME AND SOMEONE'S THREE MINUTES ISN'T, SHOULDN'T BE ANY LESS VALUABLE THAN SOMEONE ELSE'S.
SO THAT'S, THAT'S JUST MY 2 CENTS.
DID I MISS SOMETHING OR IS THERE, UH, LIKE ARE THERE RULES ON THE TABLE THAT WE'RE CONSIDERING OR WE'RE JUST TRYING TO HASH IT OUT RIGHT NOW? WELL, I, THAT WAS KIND OF MY QUESTION TO
'CAUSE I WAS KIND OF QUESTIONING THE SAME THING BECAUSE I WAS LOOKING AT THIS SAYING I HADN'T REALLY SEEN ANYTHING, ANY REAL DISCUSSION ON IT.
UH, GOING WAY BACK AND JUST TRYING TO FIGURE OUT WHAT, WHAT WAS, WAS, WHAT WAS THE ISSUE THAT WE HAD.
I KNOW WE HAD ISSUES WHEN WE HAD THAT ONE CASE THAT TOOK FOREVER, YOU KNOW, AND I DO AGREE THAT, UM, WE'VE HAD SOME TO WHERE IT'S DRUG ON TO WHERE WE NEED TO MOVE THE, THE ONES THAT ARE GOING TO BE KIND OF CONTENTIOUS AND OTHER PEOPLE HAD TO STAY ALL NIGHT TO GET CALLED UPON.
SO, UM, I'M, AS SOMEBODY THAT COMES, I THINK JESSICA, I THINK JESSICA HAD PUT THIS ON THERE AND SHE WANTED TO CAP TOTAL TIME OR SOMETHING FOR, UH, FOR PUBLIC, UM, TESTIMONY.
BUT I'M, I'M TRYING, I'M LOOKING UP THE RULES NOW.
I FORGET WHAT OUR CURRENT RULES ARE.
UM, AND GO BACK AND LOOK AT THAT.
HI, ERICA LOPEZ, ASSISTANT CITY ATTORNEY.
JUST TO CLARIFY, YOU ARE TALKING ABOUT ITEM NUMBER 10, CORRECT? UH, ACTUALLY NO.
I THINK NINE IS EXECUTIVE SESSION, RIGHT?
[01:25:01]
WELL, ON MY SHEET IT SAYS NUMBER NINE IS APPROVAL OF CHANGES TO BOARD OF ADJUST BOARD OF ADJUSTMENT RULES AND PROCEDURES TO LIMIT TIME FOR REGISTERED SPEAKERS.NUMBER 10 IS APPROVAL OF EXECUTIVE SESSION ON AGENDA TO ADVANCE WITH SPECIFICATIONS.
THAT'S, THAT'S WHAT I HAVE THE POSTED AGENDA.
YEAH, IT HAVE THE OPPOSITE TWO, HUH? WELL, SORRY.
THERE'S A DIFFERENCE BETWEEN THE POSTED AGENDA, ELAINE, WAS IT UPDATED ITSELF? MAYBE THE FIRST ONE WE WERE EMAILED WAS LATER.
REVIVE, I, I'M LOOKING AT THE ONE THAT'S ONLINE AND SO WE HAVE ITEM EIGHT NINE AND IT LOOKS TO ME LIKE WE'RE TALKING ABOUT 10, BUT IT DOESN'T LOOK LIKE THERE'S, THERE'S NOTHING CURRENTLY POSTED IN THERE.
YEAH, IT DOESN'T LOOK LIKE THERE'S UPDATED LANGUAGE TO BE ABLE TO VOTE ON ANY CHANGE.
JUST, JUST IN GENERAL, IF WE'RE TALKING ABOUT ITEM 10.
SO IF THERE WAS SOMETHING SPECIFIC THAT, OR PEOPLE WERE THINKING, AND I DON'T MIND THE THOUGHT THAT EVERYBODY GETS THREE MINUTES.
THE PROCEDURE IS FIVE MINUTES.
FIVE MINUTES AND THEN REBUTTAL UNLESS IT IS AN INTERPRETATION CASE OR, AND THEN THAT'S DIFFERENT.
SO I DON'T, THERE THERE ARE DIFFERENT TYPES OF THINGS AND I THINK I, I DON'T HAVE A PROBLEM WITH A THREE MINUTE THOUGHT UNTIL YOU GET TO 10 O'CLOCK.
AND IF WE'RE EXTENDING THE PUBLIC HEARING, THEN WE NEED TO HAVE SOME KIND OF, UM, YOU KNOW, I GET UP AT FIVE, SO BY 10 I'M USUALLY IN BED.
SO I KNOW THAT'S NOT VERY EXCITING, BUT IT'S THE TRUTH.
I'M JUST SAYING I, I AM FOR TREAT EVERYONE EQUALLY OTHER THAN AT SOME POINT WE, WE DO NEED TO HAVE, UM, SOME WAY TO BE DONE.
AND I HAVE BEEN AT BOARD MEETINGS, BOARD OF ADJUSTMENT MEETINGS THAT HAVE ENDED AT ONE AND TWO IN THE MORNING.
YOU ALL HAVE NEVER BEEN TO ONE THAT HAS ENDED AT TWO IN THE MORNING AND I PROMISE YOU IT HURTS.
SO, UM, I'M GOING TO APOLOGIZE FOR THE FACT THAT I HAD A PRINTED COPY AND I, WHEN I LOOKED AT THE UPDATED VERSION ONLINE RIGHT NOW IT'S AT, UH, ITEM NINE AND THAT WAS SUPPOSED TO BE THE, UH, MONTHLY REPORTS AND GO FROM THERE.
SO I GUESS THAT'S ON ME FOR MY, ONE OF THE TRICYCLE WHEELS FELL OFF AND I FELL OVER GOING BOOM.
SO I GUESS, UH, WE WILL PROCEED WITH THIS.
I WOULD SUGGEST, UH, AND I'LL GO BACK AND DOUBLE CHECK THE THE BYLAWS TO SEE IF THERE'S ANY OTHER CONVERSATION REGARDING THIS.
UH, ON THIS WHAT'S ON THE, WHAT WAS ON MY PRINTED COPY AND I APOLOGIZE AGAIN FOR NOT, UH, DOUBLE CHECKING.
WE WERE HAVING TROUBLE WITH CITY CLERKS POSTING AND I MUST HAVE SENT Y'ALL THE INCORRECT ONE.
WELL, I, YOU KNOW, HEY, I, THE CORRECT ONE IS POSTED ON THE BCIC WEBSITE, BUT I SENT Y'ALL THE WRONG ONE AND I PRINTED THE WRONG ONE.
I GUESS THERE WOULDN'T HAVE BEEN AC THERE WOULD NOT HAVE BEEN ACTION WE COULD HAVE TAKEN ANYWAY, RIGHT? IT'S JUST A DISCUSSION.
IT'S JUST A DISCUSSION OF THAT BECAUSE I KNOW THAT THERE WAS, UH, JESSICA HAD A CONVERSATION REGARDING SOME OF THE TIME LIMITS AND GO FROM THERE.
AND SO, UM, ON THAT, I GUESS WE WILL MOVE FORWARD AND I'M LOOKING FOR A MOTION TO ADJOURN.
OKAY, SO ARE YOU GOING TO ITEM EIGHT AND NUMBER ITEM NINE? I THINK YOU NEED TO TAKE AN ACTION ON THESE ITEMS ON THE POSTED AGENDA.
WELL, THERE ON THE POSTED AGENDA THAT'S ACTUALLY ON, ON THE LINE SAYS THAT IT'S THE MONTHLY REPORT.
AND ON THE ONE FOR THAT I GOT WRITTEN IN MY HAND, WHICH APPARENTLY HAS BEEN SUPERSEDED.
THEN, UH, I'M GONNA SAY LET'S, UM, ON ITEM,
[Items 8 & 9]
SO TAKE, SO ON ITEM EIGHT AND ITEM NINE, CAN WE TABLE THEM TO THE NEXT MEETING? YES MA'AM.I JUST WANTED, YEAH, WE NEED TO TAKE AN ACTION ON EVERY ITEM AND IF WE TABLE IT, IT WILL MOVE IT FORWARD TO NEXT MONTH AND THEN WE CAN KIND OF FIND OUR FEET.
YES, WE CAN, WE CAN GET THIS, WE CAN GET THIS FIGURED OUT AND GO FROM THERE.
THAT'S WHY I LOVE YOU BEING ON THIS THING TOO.
SO, WELL, SORRY I HAD A COLD AND I JUST DIDN'T WANT TO GET ANYBODY SICK AND SO I, I I DON'T PREFER VIRTUAL, BUT HERE I AM.
SO I'LL MAKE A MOTION TO ADJOURN.
ALL RIGHT, WE ARE NOW ADJOURNED.
THANK YOU VERY MUCH FOR PUTTING UP WITH ME.
NOW I GOTTA FIGURE OUT WHAT TO DO WITH THE MAYOR'S POSITION HERE.
[01:30:01]
TIME DID WE END? OKAY GUYS, THANKS A LOT.I LIKE SEEING YOU SMILE, TOMMY
ONE DAY YOU'RE, ONE DAY YOU'RE GONNA COME.