* 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. [00:00:01] IT'S, UH, FIVE 30. UH, LOOKS LIKE WE GOT A REALLY BIG CROWD TONIGHT, SO GLAD TO SEE EVERYBODY ON THE SCREEN. UM, SO I GUESS WE'LL NEED TO GO AHEAD AND CALL THIS TO ORDER. UH, NO, WE GOT SOME THAT SICK, TOMMY CALLED IN SICK. SO WE WERE AT 10 AND THAT CUT US DOWN TO NINE. AND NOW WE'VE GOT BIANCA, BIANCA RUNNING LATE. UM, HELLO VIRTUAL MEMBERS. UH, OUR LOVELY AND TALENTED STAFF HAS DECIDED THAT WE NEED YOUR ATTENDANCE SHEETS. IF YOU COULD SEND THOSE IN, THAT WOULD BE GREATLY APPRECIATED. THANK YOU. RIGHT. CORRECT. UH, BOARD MEMBER BIANCA MEDINA. BIAL IS RUNNING LATE, SAID SHE WOULD BE ABOUT 10 MINUTES, 15 MINUTES LATE. SO REALLY, WE GOT QUORUM. AND I SEE OUR, I SEE OUR LEGAL PERSON. SORRY, I SHOULD PROBABLY TURN ON MY MICROPHONE. AND THANK YOU EVERYBODY FOR BEING HERE TONIGHT. THAT'S ON VIRTUAL. THANK YOU. AND OUR STUDIO AUDIENCE. SO IF WE ONLY HAVE NINE PEOPLE, WE'RE, WE'RE MISSING ONE. WE ONLY HAVE NINE PEOPLE. THAT MEANS YOU HAVE TO HAVE ALL NINE VOTES FOR YOUR VARIANCE TO PASS. SO IT WOULD BE A TIME TO DECIDE WHETHER OR NOT YOU WANTED TO POSTPONE FOR A CHANCE AT A LARGER BOARD, BECAUSE THE BOARD IS 11 PEOPLE AND IT'S A SUPER MAJORITY BOARD. SO YOU HAVE TO HAVE NINE OUT OF 11 VOTES FOR SOMETHING TO PASS, AND NO ONE CAN MAKE THAT DECISION FOR YOU. I'M JUST, YEAH, JUST OFFERING THAT AT THE BEGINNING BEFORE WE START. OKAY. WELL, HELLO. YES. GOOD AFTERNOON, CHAIR. UM, JUST, AND I BELIEVE, UH, OUR COMMISSION OR BOARD LIAISON MAY HAVE ALREADY EXPLAINED SINCE WE DO HAVE A QUORUM THAT WE'RE ONLY AT EIGHT MEMBERS AND WE'RE WAITING FOR OUR NINTH MEMBER TO ARRIVE TO ACTUALLY BEGIN THE CASES. UM, YOU ALL CAN AT LEAST COMMENCE WITH THE PORTIONS THAT ONLY REQUIRE WITH THE PORTIONS OF THE MEETING THAT ONLY REQUIRE A QUORUM OF MEMBERS. UM, AND THEN ONE, SO IF YOU'LL, IF, SINCE YOU'VE ALREADY CALLED THE MEETING ORDER TO ORDER, YOU CAN AT LEAST BEGIN WITH THE PUBLIC COMMUNICATIONS APPROVAL OF THE MINUTES. AND THEN SIMPLY MAKE AN ANNOUNCEMENT THAT WE WILL BE REORDERING THINGS WHILE WE WAIT FOR OUR NINTH MEMBER. OKAY. THANK YOU, MA'AM. THANK YOU. OKAY. SO EVERYBODY SHOULD HAVE HEARD THAT, BUT, UH, WE'RE GONNA GO AHEAD AND WE'RE GONNA PROCEED WITH AT LEAST THE OPENING AND DO OUR MINUTES, GET THAT APPROVED, AND ALSO JUST, UH, GO THROUGH THE THINGS THAT THE, THE BOARD CAN DO WITH THE, THE AMOUNT OF PEOPLE THAT'S HERE FOR QUORUM. AND THEN WE WILL MOVE ON FROM THERE. SO SINCE WE STARTED THIS, UH, WE WE'RE GONNA TAKE UP THE MINUTES. AS OF, I GUESS WE NEED TO GO AHEAD AND DO OR DO THE ROLL CALL. DO THAT. SO LET ME DO THE, UH, ALL THE TIME. I THOUGHT I ALREADY DID IT. IT WAS FIVE 30. WE DID THAT. OKAY. [CALL TO ORDER] ALL RIGHT. WELL, WE'LL OFFICIALLY START AT 5 36 IN THE AFTERNOON. THIS IS, UH, JULY THE 13TH, 2026. AND WE ARE AT CITY CHAMBERS. CITY HALL, CHAMBERS. AND IT'S THE BOARD OF ADJUSTMENTS. IS THAT ENOUGH? GOOD. ALL RIGHT. EVERY DAY'S A NEW ADVENTURE UP HERE. SO, UH, WE WILL START FROM THAT PROCESS. WE WILL NOW CALL THE ROLE, UM, LET ME SEE. EVERYBODY'S ON SCREEN, SO I'LL CALL IT OUT. BOARD MEMBER YATES IS OUT SICK. OKAY. BOARD MEMBER BARING. I SEE YOU'RE HERE, SIR. I'M HERE VIRTUALLY? YES, SIR. OKAY. UH, JEFFREY BOWEN IS HERE. JESSICA COHEN IS OUT. UH, BOARD MEMBER HAWTHORNE HERE. UH, BOARD MEMBER KIM HERE. [00:05:01] UH, BOARD MEMBER BIANCA MEDINA. AL WILL WAIT ON HER. UH, BOARD MEMBER VON OWEN IS OUT BOARD MEMBER POTE HERE. OKAY. UH, BOARD MEMBER ABDULLAH HERE. UH, BOARD MEMBER STAN IS OUT. UH, BOARD MEMBER VALENTINE. SURE. OKAY. AND BOARD MEMBER OF MCCLELLAN HERE. OKAY. ALRIGHT, SO WE GOT THAT. LET'S GO [APPROVAL OF MINUTES] AND WE'LL MOVE TO THE MOTION OR TO THE MINUTES. DO I HAVE A MOTION TO, TO APPROVE MINUTES. MOTION TO APPROVE. I'M SORRY. I'M SORRY, MA'AM. YES, MA'AM. MOTION TO APPROVE. OH, MOTION TO APPROVE. DO I HAVE A SECOND? SECOND. SECOND. OKAY, GREAT. I GOT A SECOND. SECOND AND I HAVE AN APPROVAL. OKAY, LET'S TAKE THE VOTE ON THAT. SO LET'S SEE. TOMMY YATES IS NOT HERE. SO THAT'S GOING TO BE HERE. BOARD MEMBER BARING? YES. OKAY. JEFFREY BOWEN. YES. COHEN IS NOT HERE. BOARD MEMBER HAWTHORNE? YES. BOARD MEMBER. KIM? YES. UH, SHE'S STILL NOT HERE YET? UH, HE'S NOT HERE. BOARD MEMBER PETIT? YES. OKAY. BOARD MEMBER ABDULLAH? YES. SHE'S NOT HERE. BOARD MEMBER VALENTINE? YES. AND BOARD MEMBER MCCLELLAN? YES. OKAY. THAT PASSES. WE'LL [6. June 8, 2026, Board of Adjustment activity report] NOW MOVE ON. WE'RE GONNA SKIP TO, UM, WE'RE NOW GONNA SKIP TO THE, ON THE AGENDA, IF YOU'LL GO DOWN. WE'RE GOING TO, UM, BECAUSE OF WAIT, WE'RE WAITING ON ONE MORE PERSON. WE'RE GOING TO LOOK AT THE, UM, UH, HERE WE GO. OUR ACTIVITIES REPORT. DID EVERYBODY LOOK AT THAT? NO QUESTIONS, NO COMMENTS ON THE ACTIVITY REPORT SINCE WE DON'T HAVE TO VOTE ON THAT. UM, IT IS THE MOST BEAUTIFUL ACTIVITY REPORT EVER. THANK YOU. IT IS INTERESTING TO NOW THAT I'VE GOTTA DO A REPORT THAT GOES WITH THAT. SO, ALRIGHT, SO NOW WE'RE GONNA HAVE TO DO, UM, LET'S, DO WE HAVE ANY PUBLIC COMMUNICATIONS SIGNED UP? NO, SIR. WE DON'T. OKAY. NO PUBLIC COMMUNICATIONS. SO WE'VE SKIPPED RIGHT THROUGH THAT. WE'VE DONE THE APPROVAL OF THE MINUTES AND I GUESS WE'RE NOW JUST GOING TO HAVE TO SIT HERE AND WAIT TO SEE IF WE'RE GONNA GET OUR EXTRA MEMBER. FOR THOSE THAT ARE NOT AWARE, WE ARE, WE ARE SHORT A COUPLE MEMBERS TONIGHT. UM, SO WE WILL BE ABLE TO DEAL WITH, UM, DUE TO NOT HAVING ENOUGH AS BOARD MEMBER, UH, HAWTHORNE ADVISED FOR THOSE THAT ARE HERE, THAT, UH, WE OFFER THE OPPORTUNITY TO POSTPONE DUE TO THE FACT THAT WE HAVE TO HAVE A MINIMUM. 'CAUSE IT IS SUPER MAJORITY, WE HAVE TO HAVE NINE VOTES. AND SINCE YOU'RE RIGHT THERE, IF YOU'RE WILLING TO DEAL WITH THAT, WE'VE ALWAYS, SINCE I'VE BEEN ON THE BOARD FOR ABOUT THREE AND A HALF YEARS NOW, WE'VE ALWAYS PROVIDED THAT, UM, TO MAKE SURE THAT, UM, TO MAKE SURE EVERY APPLICANT HAD THEIR OPPORTUNITY TO BE TREATED FAIRLY ON THAT. SO, UM, I GUESS WE CAN ASK NOW. CAN WE GO AHEAD AND, AND ASK IF THERE'S ANYBODY HERE THAT WANTS TO SPEAK FOR A POSTPONEMENT ON THEIR PARTICULAR CASE CHAIR? MA'AM? UH, I, I HAD A QUESTION FOR LEGAL. OKAY. WHAT IS OUR TIME LIMIT FOR WAITING, WAITING FOR THE, FOR OUR NINTH MEMBER? WHAT, WHAT TIME DO WE HAVE TO CALL IT? BECAUSE I HONESTLY, I NEVER RECALLED SEEING A TIME THAT SAID IT. IT IS IN THE, I KNOW IT'S IN THE BYLAWS AND I THINK IT SAID SOMETHING LIKE 30 MINUTES. I THINK IT'S 2020. SO, SO TECHNICALLY WE HAVE 30 MINUTES FROM THE TIME THAT, SO TECHNICALLY THE MEETING STARTS AT FIVE 30, SO WE HAVE 30 MINUTES TO ACTUALLY BEGIN THE MEETING. WE DON'T HAVE A RULE PER SE AS FAR AS HOW LONG WE CAN, UM, I GUESS POSTPONE. [00:10:01] NO, NO. I DON'T WANNA SAY POSTPONE, BUT HOW LONG WE CAN AT LEAST RECESS? UH, RECESS. THANK YOU. THE MEETING IN ORDER TO WAIT FOR OUR MEMBER, BUT I WOULD CAUTION THAT PROBABLY GOING OVER 30 MINUTES MIGHT PAUSE ISSUES SINCE AT LEAST THAT IS A STANDARD WE ALREADY HAVE IN OUR RULES. SO I WOULD CAUTION AGAINST GOING ANYTHING OVER THE 30 MINUTES. OKAY. THANK YOU VERY MUCH. YEAH. 'CAUSE I ACTUALLY READ THAT TODAY IT WAS GOING REFRESHING AND TRYING TO FIND OUT. OH YEAH, WITHIN ONE HALF HOUR QUORUM, UH, FOR A MEETING DOES NOT CONVENE WITHIN ONE HALF HOUR OF THE POSTED TIME FOR THE MEETING, THEN THE MEETING MAY NOT BE HELD, SO, OKAY. ALL RIGHT. I'M SORRY. OH, WE DID? OKAY, GREAT. SO I GUESS I NEED TO, ONCE I CAN SEE HER ON THE SCREEN, NEED TO GET TO MAKE SURE SHE CALLED OR GET HER CHECK IN FOR ROLL CALL BOARD MEMBER. I'M NOT SEEING HER UP HERE YET. ARE, ARE YOU ASKING MY ROLL CALL? OKAY. THERE'S, CAN YOU HEAR ME OKAY. BOARD MEMBER, UH, MEDINA. LEO, ARE YOU THERE? YEAH, HERE. CAN YOU HEAR ME OKAY? YEAH, I CAN HEAR YOU. JUST CAN'T SEE YOU, THAT'S ALL. SO, UM, I GUESS YOU ARE NOW PRESENT, SO WE'LL, WE'LL CHECK YOU OFF FOR THAT. SO, ALRIGHT. BUT THAT ONLY GIVES US, THAT DOES GIVE US NINE AND SO WE NEED TO GO AHEAD AND, UM, WHICH CASE ARE YOU GUYS HERE FOR? UH, THE MOUNT AL. OKAY. ARE YOU GUYS WANTING OR Y'ALL WILLING TO POSTPONE OR DO Y'ALL WANT TO GO AHEAD AND PROCEED TONIGHT? I'M SORRY. OKAY. ALL RIGHT. WELL THEN IF THEY'RE WILLING TO PROCEED, THERE IS NUMBER TWO ON VIRTUAL. I'M SORRY, THE FIRST CASE, IS IT ON VIRTUAL? UH, IS THE, I'M NOT HAVING IT. WE DON'T HAVE ANY CASES ON VIRTUAL AT ALL. YES, MA'AM. YEAH, THAT MIGHT BE A GOOD QUESTION TO ASK. ALRIGHT. UM, OUR STAFF MEMBER JUST REMINDED ME TO LET YOU GUYS KNOW IF YOU WANT TO PROCEED. IT WILL TAKE ALL NINE VOTES ALSO IF IT IS DENIED AND YOU COME BACK AND THERE'LL BE ANOTHER APPLICATION FEE AND IT HAS TO BE DONE WITHIN 10 DAYS. SO IF Y'ALL ARE READY TO, IF YOU'RE READY TO PROCEED AND Y'ALL WANT TO DO THAT, THEN WE NEED TO GET YOU TO STAND UP AND DO, UH, A SWEARING IN FOR THE, FOR YOUR TESTIMONY AND GO FROM THERE. YOU DO UNDERSTAND IT. OKAY. OKAY. WELL, WHILE YOU'RE DOING THAT, THEN WE'RE GONNA GO AHEAD AND DO THE POSTPONEMENT FIRST. NOT Y'ALL'S, BUT WE'LL, Y'ALL HAVE A SEAT. WE'LL GO FROM THERE. I'M SORRY MA'AM. [Items 2, 4, & 5] ALL SO LET'S, UH, LET'S DO THE POSTPONE, BUT THEN FOR, UH, AGENDA ITEM NUMBER TWO, THAT WOULD BE C 15, UH, 2 0 2 6 0 2 3. UH, DO I HAVE A MOTION TO POSTPONE? MOTION TO POSTPONE? SECOND. THEY'RE REQUESTING A POSTPONEMENT TO THE AUGUST 10TH MEETING. SORRY, AUGUST WHEN? YEAH. POSTPONED TO AUGUST. YES. AUGUST 10TH. I'M SORRY. GUESS WE NEED THE DATE ON THAT. AUGUST 10TH. AUGUST 10TH, OKAY. OKAY. YEP. AUGUST 10TH. WE ALSO HAVE, UM, TWO MORE CASES THAT ARE REQUESTING A POSTPONEMENT UNTIL AUGUST 10TH. OKAY. THAT, THAT WOULD BE 63 0 2 SHADOW VALLEY DRIVE, C 15 20 26, 0 0, 27 [00:15:03] AND, AND 2101 DALE STREET, C 15 DASH 2021. UH, THE THREE CASES ARE REQUESTING A POSTPONEMENT TO THE AUGUST 10TH MEETING DUE TO LACK OF BOARD MEMBERS. OKAY. I I'M HAVING A HARD TIME HEARING HER UP HERE. OKAY, SORRY ABOUT THAT CHAIR BOWEN IT IS, UM, ITEM TWO, YOU ALREADY CALLED 2205 CORY ROAD, C 15 DASH 2026 DASH 0 0 2 3. ITEM 4 63 0 2 SHADOW VALLEY DRIVE, C 15 DASH 2026 DASH 0 0 27. AND ITEM 5 21 0 1 ARDO STREET, C 15 DASH 2026 DASH 0 21. UH, THE THREE CASES ARE REQUESTING A POSTPONEMENT TILL THE AUGUST 10TH MEETING DUE TO LACK OF QUORUM FOR VOTING PURPOSES. OKAY. SO WE CAN, WE CAN DO A POSTPONEMENT ON ALL OF THEM ALL AT ONE TIME. OKAY. SO WOULD THAT MOTION, WOULD THAT CARRY FOR ALL OF THOSE LEGAL I WOULD INCLUDE IN MY MOTION TO POSTPONE ALL, ALL OF THE ITEMS JUST SPREAD INTO THE RECORD BY A LOVELY STAFF PERSON. YEAH, IT'D BE ITEM TWO CURRENTLY. ITEM TWO, ITEM FOUR, ITEM FIVE. I THINK THAT MAKES THIS A ONE TRICK PONY NIGHT. I THINK IT DOES. AND YOU'RE WILLING TO MAKE YOUR MOTION SECOND? YEP. OKAY, GREAT. ALRIGHT. ALRIGHT, SO WE WILL NOW GO FOR A ROLL CALL VOTE ON THAT OR I GUESS I COULD JUST SAY, DOES ANYBODY HAVE A PROBLEM WITH THAT? IF ANYBODY OBJECTS TO IT AND DO IT ON A CONSENT TYPE DEAL? CORRECT. DO I NEED ROLL CALL? DO THE ROLL CALL. THANK YOU MA'AM. OKAY. ALRIGHT, WELL LET'S SEE. TOMMY YATES IS NOT HERE. BOARD MEMBER BARING? YES. YES. OKAY. BOARD MEMBER BOWEN? YES. COHEN'S NOT HERE. UH, BOARD MEMBER HAWTHORNE? YES. BOARD MEMBER KIM? YES. UH, BOARD MEMBER. BIANCA MELL MEDINA LEE? YES. OKAY. OH, WAS NOT HERE. BOARD MEMBER POTI? YES. AND BOARD MEMBER ABDULLAH? YES. OKAY. NOT HERE. BOARD MEMBER VALENTINE? YES. AND BOARD MEMBER MCCLELLAN? YES. OKAY. THAT THERE PASSES, SO THAT GETS ALL THREE OF THOSE PUT OUT OF THE WAY. OKAY. WELL WE'RE GOING TO DO OUR, GET YOU GUYS TO STAND UP AND DO THE, DO THE SOLEMNLY SWEAR THING. LEMME GET TO THAT PAGE HERE REAL QUICK PLEASE. SO, UM, ALSO AS A REMINDER, PLEASE TURN, TURN OFF WHAT, TURN OFF YOUR CELL PHONES, HOPEFULLY YOU DON'T HAVE ONE ON AND THEN WE'LL GO FROM THERE. SO UNDER THE OATH, UH, DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? OKAY, GREAT. ALRIGHT, [3. C15-2026-0024 Linda Sullivan for Bennett Leventhal & Young Shin Kim 3408 Mount Bonnell Road] SO WE ARE LOOKING AT CASE C 15 2 0 26 DASH 0 24. UH, THE OWNER IS BENNETT LEVENTHAL, IS THAT CORRECT? UM, AND THIS IS 34 0 8 MOUNT BONNE ROAD AND, UM, YOU'LL HAVE FIVE MINUTES FOR YOUR PRESENTATION. UM, I'M NOT SEEING ANY OBJECTIONS, BUT WE WILL ASK IF THERE'S ANY OPPOSITION TO THAT. SO IF YOU WOULD LIKE TO BEGIN, DO YOU HAVE A PRESENTATION? NOTHING OTHER THAN THE ADVANCED PACKET THAT WE SUBMITTED TO Y'ALL. OKAY, SO IT'S IN THE PACKET. FLIP OVER TO THAT. OKAY, GO AHEAD. UH, YOU GUYS ARE ON TIMER. THANK YOU, SIR. YOU MAY PROCEED, MA'AM. GOOD EVENING. MY NAME IS LINDA SULLIVAN AND I'M HERE WITH JACK BIGBY FROM MATT FICUS ARCHITECTURE. WE'RE HERE ON BEHALF OF THE PROPERTY OWNERS, BENNETT LEVENTHAL AND HIN KIM TO REQUEST A VARIANCE TO INCREASE THE MAXIMUM ALLOWABLE IMPERVIOUS COVERAGE FROM 45% TO 51%. THE CURRENT IMPERVIOUS COVERAGE FOR THE LOT IS 56.25%. A BRIEF HISTORY OF THE PROPERTY IN 1979, A SINGLE FAMILY [00:20:01] RESIDENCE WAS CONSTRUCTED AT 3 4 0 8 MOUNT BONNELL ROAD. A POOL AND SPA WERE ADDED AT THE REAR OF THE RESIDENCE WITH PERMIT IN 1985. THE 1985 POOL PERMIT EXPIRED AND NOTES MADE BY RESIDENTIAL REVIEW AND BUILDING INSPECTIONS. CONFIRMED THAT THE POOL AND SPA PASSED FINAL INSPECTIONS IN AUGUST OF 2008 IN CONJUNCTION WITH A PERMIT THAT WAS ISSUED FOR THE REMODEL OF THE RESIDENCE. BENNETT AND YOUNGSHIN HAVE APPLIED FOR A BUILDING PERMIT TO REMOVE THE EXISTING POOL, CONSTRUCT A NEW POOL, AND REMODEL THE EXISTING PORCHES AND DECKS ON THE REAR OF THE STRUCTURE. A PORTION OF THE EXTERIOR PORCH WILL BE CONVERTED TO CONDITIONED AREA. THE PROPOSED PLAN MEETS BUILDING COVERAGE AND FAR RESTRICTIONS AND PROPOSES AN OVERALL REDUCTION OF 482 SQUARE FEET OF IMPERVIOUS COVERAGE. WITH THE PROPOSED REDUCTION, THE IMPACTS ARE ESTIMATED TO BE 49.94%, WHICH IS LESS THAN THE INITIAL REQUEST IN THE VARIANCE APPLICATION. ADDITIONAL DISCUSSIONS SURROUNDING IMPERVIOUS COVERAGE HAVE TAKEN PLACE WITH THE OWNERS AND PERVIOUS CONCRETE COULD BE USED FOR THE FRONT WALKWAY, WHICH COULD FURTHER REDUCE THE IMPACT. THE PACKET SUBMITTED FOR YOUR REVIEW DETAILS. THE AREAS OF EXISTING REMOVED AND PROPOSED IMPACTS. THE HARDSHIP FOR THIS LOT IS PRIMARILY DUE TO THE LOT BEING DEVELOPED PRIOR TO THE CURRENT LAND DEVELOPMENT LAND DEVELOPMENT CODE. BUT LEGALLY WITH PERMITS, THE IMPACT OF THE NEIGHBORHOOD CHARACTER IS MINIMAL, AS MINOR CHANGES WILL BE TAKING PLACE ON THE FRONT OF THE RESIDENCE IN THE FORM OF A NEW ROOF, WINDOWS AND DOOR REPLACEMENTS IN THE SAME SIZE AND LOCATIONS AND REMOVAL OF HARDSCAPE IN THE FRONT YARD. JACK BIGBEE WILL BE ABLE TO ANSWER ANY DESIGN QUESTIONS RELATIVE TO THE PROPOSED PROGRAM, AND WE THANK YOU FOR YOUR TIME AND CONSIDERATION. OKAY. SO THAT'S YOUR PRESENTATION. SO DO I HAVE A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVED. OKAY. SECOND, SECOND, SECOND. ALL RIGHT. SO THE PUBLIC HEARING IS NOW CLOSED AND WE NOW WILL OPEN IT UP FOR QUESTIONS. AND I HAVE A QUESTION FOR THE LEGAL SINCE WE'VE BEEN DOWN THIS ROAD, LIKE LAST TIME THEIR APPLICATION SAYS THAT THEY WERE AT 51% AND NOW THEY'VE, THAT HAS BEEN CHANGED. HOW DOES THAT AFFECT THE DOCUMENTATION SINCE THEY'RE NOW LESS? LESS, BUT THEIR DOCUMENTATION SAYS, UH, THAT THEY WERE WANTING TO REDUCE IT DOWN TO 51%, THEY'RE NOW LESS THAN THAT. SO MY QUESTION IS LESS IS. OKAY. WELL, I I GET LESS. MORE IS NOT, YEAH, LESS IS. OKAY. UH, I GUESS, AND SINCE YOU'VE, UM, BOARD MEMBER HAWTHORNE SINCE YOU'VE BEEN HERE, UM, SINCE IT DOESN'T MATCH WHAT THEY'VE ACTUALLY SUBMITTED, WHAT DO WE DO OR DO WE JUST SCRATCH IT AND GO THROUGH AND SAID, HEY, THEY'VE CHANGED IT. SO IS THE, SO ARE YOU AT 49.94% IS, SO THAT IS ON, I'M SORRY. COULD YOU PAGE 12? YES. IN THE MICROPHONE FOR THE RECORD CHECK BIG B UH, YES. OKAY. IF YOU DON'T MIND, WOULD YOU, UH, STATE YOUR NAME FOR THE RECORD, SIR? SO, UH, MY NAME IS JACK BIGBY. UH, YES, UH, WE ARE AT 49.94%, WHICH IS SHOWN ON PAGE 12 OF THAT. AND I'M LOOKING AT THE APPLICATION THAT SAYS THAT, UH, THEY WERE GOING FROM, YOU KNOW, FROM 56 DOWN TO 51. UM, I'M JUST CURIOUS HOW THAT, IF IT'S, YOU CAN, WE CAN DO A, AN EXCHANGE LIKE THAT THAT'S LESS THAN WHAT THE DOCUMENTATION CALLS FOR. YES, CHAIR. SO MY CONCERN WOULD BE IF THEY WERE ADVOCATING THAT THEY ARE INCREASING BEYOND WHAT THEY'VE, UH, NAMED IN THEIR APPLICATION, BUT SINCE THEY ARE PROPOSING LESS THAN WHAT THEY'VE EVEN PROPOSED IN THEIR APPLICATION AND THEY ARE HERE TESTIFYING UNDER OATH, THIS TESTIMONY IS, IS SOMETHING THAT THE BOARD CAN CONSIDER WHEN MAKING ITS DETERMINATION TONIGHT. OKAY. YEAH, I JUST, I JUST WANTED TO MAKE SURE I GOT THAT ON THE, ON THE RECORD. OKAY. ANY, UH, SO OPEN IT UP FOR ANY QUESTIONS. I'LL MAKE A MOTION FOR APPROVAL. OKAY. SECOND, WE'RE BECOMING A REGULAR TANK TEAM HERE. MICHAEL'S [00:25:01] NOT HERE OR SEEING NO, I I I IT'S RATHER NICE TO, TO, UH, TO HAVE THAT GOING ON HERE. SO REASONABLE USE THE ZONING REGULATIONS. APPLICANT PROPERTY DO NOT ALLOW FOR REASONABLE USE. 'CAUSE THE SITE WAS ORIGINALLY DEVELOPED IN 1979 PER PRIOR TO CURRENT LAND DEVELOPMENT CODE RESTRICTIONS, WHICH AT THAT TIME WOULD'VE ALLOWED 55% IMPERVIOUS COVER DUE TO THE EXISTING IMPERVIOUS COVER, WHICH IS LEGAL AND NON-COMPLIANT, THE ADDITIONS WOULD NOT BE ABLE TO BE PERMITTED. AND BEING THAT THERE IS A REDUCTION, BRINGING IT CLOSER TO NOW THE 45% AT 49.94%, UH, WHICH I WILL TIE TO, UH, DOCUMENTS PAGE 11 AND PAGE 12 OF THE ADVANCED PACKET, IF THAT IS HELPFUL. LOVELY. ELAINE? YES, MA'AM, THAT'LL BE PERFECT. THE HARDSHIP FOR WHICH THE VARIANCES REQUESTED IS UNIQUE TO THE PROPERTY AS THERE IS SOME EXTREME TOPOGRAPHY AND THE RETAINING WALLS ARE NECESSARY FOR ANY IMPROVEMENT ON THE REAR OF THE LOT. THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED. AS THE PROPERTY WAS DEVELOPED LEGALLY AND IN COMPLIANCE AT THE TIME THAT IT WAS CONSTRUCTED AREA CHARACTER, THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED. AS THERE IS AN OVERALL REDUCTION IN IMPERVIOUS COVER AS WELL AS SO MANY CARING FOR A PROPERTY AND ACTUALLY, UH, UPGRADING IT. SO THE PROPOSED ADDITIONS MO MOST ARE IN THE REAR OF THE STRUCTURE AND THE OVERALL REDUCTION WILL HAVE A POSITIVE IMPACT THE END. OKAY. ALRIGHT. THANK YOU MA'AM. UH, WE WILL NOW PROCEED WITH A VOTE ON THIS. OKAY. BOARD MEMBER, DID YOU, DID YOU CALL FOR OPPOSITION SOMEWHERE IN THERE? I DID NOT CALL FOR OPPOSITION. I DIDN'T REALLY SEE ANY OPPOSITION THINK, BUT I GUESS I, I DO NEED TO ACTUALLY CALL FOR OPPOSITION. SO IS THERE ANY OPPOSITION TO THE VARIANCE ON THIS CASE? AND THEN I HAVE TO THINK, YOU HAVE TO CLOSE THE PUBLIC. I HAVE TO CLOSE THAT, YES. SO HEARING NONE, WE WILL NOW CLOSE THIS OPEN OR THE, THE OPPOSITION PORTION OF THIS AGAIN, CORRECT. SORRY. NO, I'M, I'M BACKSEAT DRIVING. SORRY. NO, THAT'S GOOD. I, I NEED A BACKSEAT DRIVER AND, UH, I THINK YOU HAVE TO CLOSE THE PUBLIC HEARING AND CLOSE THE PUBLIC HEARING OF ANY OF NO OPPOSITION. . OKAY. SO THERE YOU GO. NOW WE'LL PROCEED WITH THE VOTE. IT'S REALLY KIND OF A GOOFY NIGHT TONIGHT. YOU KNOW, IT. HEY MA'AM, WE'RE, WE'RE, WE'RE GOING AND WE HAVE A MOTION ON THE FLOOR. YOU KNOW, YOU SIT THERE AND YOU PLAN THIS FOR THE DAY AND THEN IT ALL FALLS APART AND YOU, WHEN YOU GET HERE, IT'S KINDA LIKE, OKAY, WHAT'S NEW IN THE WORLD? IT'S HARDER THAN IT LOOKS. YES. UH, IT, IT ACTUALLY IS. IT REALLY IS. I PROMISE. YES, SIR. I DO HAVE ONE QUESTION ON PAGE EIGHT OF 18. THIS IS FOR BOTH OF YOU. I SEE THE PROPOSED IS 49.83%. I, IT'S A SMALL PERCENTAGE DIFFERENCE. IS THAT A TYPO? IS THAT IN THE 49.83 THAT YOU SEE THAT 49? DO YOU SEE THAT? UH, I DON'T HAVE THE ON WHAT, WHAT PAGE? IT'S 18 EIGHT OF EIGHT 18 ON OURS. IT'S, UH, HIGHLIGHTED ON WITH RED. IT'S ON YOUR DRAWING. IT'S ON YOUR, UH, IT'S WHERE IT SAYS IMPERVIOUS COVER PERCENTAGE, UH, DOWN THERE IN THE RED BOX JUST ABOVE THE GROSS AREA OF, OF FLOOR RATIO SHOWS THE PROPOSED AT 48 OR 49.83 IS WHAT I SEE. UH, ON WHAT PAGE? PAGE EIGHT OF 18 AND THE, UH, EIGHT. OKAY. YEP. IT SAYS, UH, AN IMPERVIOUS COVER PERCENTAGES, UH, AREA OF THE PROPERTY ON THE FAR RIGHT HAND SIDE UNDER THE PROPOSED IT SAYS IMPERVIOUS AT 49.83. [00:30:03] SO JUST, JUST FOR A MARGIN OF ERROR, UH, I TIED IT TO PAGE 11 AND PAGE 12. SO I'M COMFORTABLE WITH IT GOING DOWN TO 49.94. UH, YOU KNOW, THERE MIGHT BE AN EXTRA STEPPING STONE, RIGHT? WELL, I MEAN, YOU KNOW, THAT'S, YEAH, BECAUSE, UH, EVEN ON THAT ONE, THERE'RE ON PAGE 11 THAT'S EXISTING. THAT'S PRETTY, THAT'S A PRETTY STEEP BLUFF BACK THERE. THAT'S, YEAH, THAT'S, UH, I GUESS Y'ALL ARE ALSO RAISING GOATS AT THE SAME TIME. SO YEAH. 49 POINT. YEAH, IF YOU TIED IT TO PAGE 12, BECAUSE IT DOES SAY 49.94 THERE, THEN, IS THAT ACCEPTABLE, SIR? YEAH, I, I WAS IS THAT JUST A TYPO OR WAS THAT I WAS, NO, BUT I MEAN A GOOD CATCH. OKAY. ALRIGHT. NO, NO ISSUES. THANK YOU. YEAH, THE, THE DOCUMENT WILL NEED TO BE UPDATED TO MEET THIS 49.94. OKAY. THANK YOU. OKAY. ALRIGHT. OKAY, GREAT. SO LET'S GO AHEAD AND WE'LL TAKE THE, UH, TAKE THE VOTE ON THIS. OKAY. BOARD MEMBER BARING? YES. OKAY. BOARD MEMBER BOWEN? YES. BOARD MEMBER HAWTHORNE? YES. UH, BOARD MEMBER KIM? YES. UH, BOARD MEMBER MEDINA. LEO. LEO? YES. OKAY. UH, BOARD MEMBER PETITE? YES. UH, BOARD MEMBER ABDULLAH? YES. AND BOARD MEMBER VALENTINE? YES. AND BOARD MEMBER MCCLELLAN? YES. 2, 3, 5, 6, 7, 8, 9. AND YOU GOT ALL NINE AND SHE SAYS, BE STILL MY HEART. CONGRATULATIONS. YEAH. AND THANK YOU VERY MUCH, BIANCA. YOUR HAIR LOOKS AMAZING. THANK YOU. SO THANK YOU FOR, UH, PARTICIPATING IN OUR, IN OUR VERY SHORT CLASS TONIGHT. SO THANK YOU VERY MUCH. YEAH. THANK YOU FOR YOUR ATTENTION. AND I DID, I DID, UH, YOUR DRAWINGS I THOUGHT WERE VERY WELL DONE ON AS A BUILDING GUIDE. CHAIR BOWEN, SEEING SOME OF THE STUFF. CHAIR BOW, WE NEED TO REDO THE COUNT 'CAUSE EVERYBODY'S FACES NEED TO BE SEEN VIRTUALLY. I'M SORRY, MA'AM. WHEN THEY VOTE, YEAH, SHE'S THERE. NO, NO, NO, BUT I, SHE NEEDS TO HAVE HER . SORRY, I'M, I'M DUPLICATED. OH, OKAY. SHE'S BOTH, YEAH, SHE'S, SO, SHE HAS MIKE ON ONE AND PICTURE ON THE OTHER. OKAY. WE'RE GOOD? YES. ALL RIGHT. THANK YOU MA'AM. ALRIGHT. RUBEN. HENCE I NOTICED THE HAIRCUT. OKAY. I, I WAS TRYING TO FIGURE OUT WHERE THAT WAS COMING FROM. NO, NO. SO SHE HAD THE GORGEOUS LONG, BUT THIS LOOKS REALLY NICE. OKAY. ALRIGHT. THANK YOU VERY MUCH. UH, APPRECIATE IT. ALRIGHT, SO SEEING THAT THERE'S NO, ANY OTHER BUSINESS I MOVE FOR ANYBODY WANTING TO, UH, DO [Items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his 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.