Oct 12, 2026 Board of Adjustment

UH, BOARD MEMBER MEDINA.

AL, WHERE AT? AND I NEED THE OTHER TWO PEOPLE ON CAMERA, PLEASE.

HERE.

GOOD TO SEE YOU YOUNG LADY.

BOARD MEMBER MCCLELLAN HERE.

BOARD MEMBER KIM HERE.

BUT I'M STRUGGLING WITH MY VIDEO.

I CAN'T SEEM TO, I DON'T SEE THE OPTION TO TURN ON MY VIDEO.

WELL, WE'LL GET OUR TECHNICAL DEPARTMENT ON THERE.

REAL QUICKLY.

THANK YOU SO MUCH, MA'AM FOR BEING HERE TODAY.

BOARD MEMBER HAWTHORNE HERE.

UH, BOARD MEMBER ABDULLAH HERE.

GOOD TO SEE YOU, SIR.

LIKEWISE.

UH, WE'RE, UH, VICE CHAIR ANI, I SEE YOU THERE.

HERE.

BOARD MEMBER ATE HERE.

UH, BOARD MEMBER VON OLEN HERE.

AND THEN BOARD MEMBER BOWEN? YES.

AND BOARD MEMBER VALENTINE.

IF YOU CAN TURN YOUR CAMERA ON, MA'AM, THAT WOULD BE GREAT.

WE HAVE 10 MEMBERS, SO WE HAVE ENOUGH FOR QUORUM.

SO THANK YOU EVERYBODY FOR SHOWING UP TONIGHT.

LET'S SEE IF WE CAN GET THROUGH THIS.

WE'RE GONNA GO AHEAD AND DO, UH, THE MINUTES.

UM,

[APPROVAL OF MINUTES]

UH, DO I HAVE A MOTION TO APPROVE THE MINUTES? MOTION TO APPROVE.

SECOND.

BOARD MEMBER HARBERT? YES.

BOARD MEMBER MEDINA AL? YES.

BOARD MEMBER MCCLELLAN? YES.

UH, BOARD MEMBER KIM? SHE IS RESTARTING HER COMPUTER.

OH, SHE'S RESTARTING.

WE'LL COME BACK TO THAT.

UH, BOARD MEMBER HAWTHORNE.

APPROVE THE MINUTES.

UH, BOARD MEMBER ABDULLAH? YES.

BOARD MEMBER STAN OR VICE CHAIR? YES.

BOARD MEMBER POTI? YES.

BOARD MEMBER VON OLAND? YES.

I'M GOING TO ABSTAIN SINCE I WAS NOT HERE.

SO, WAITING ON MS. KIM.

WE CAN ACTUALLY COME BACK TO THAT.

SO, UH, THE NEXT THING THAT WE HAVE IS, WHERE'S MY LIST? DO WE WANT TO TAKE CARE OF THAT, UH, THAT, UH, WITHDRAWAL.

NOW? DO WE HAVE ANY, UH, POSTPONEMENTS? WE ACTUALLY HAVE A POSTPONEMENT.

I WAS GONNA GET THE WITHDRAWAL FIRST, THEN WE CAN DO THE POSTPONEMENT.

HOLD, HOLD ON CHAIR.

APOLOGIES FOR INTERRUPTING.

WE ACTUALLY HAVE AN ACTIVE VOTE STILL.

I'M SORRY, BECAUSE YOU ALL HAD STARTED VOTING ON APPROVAL OF THE MINUTES.

ISN'T TECHNOLOGY WONDERFUL?

AND I UNDERSTAND THAT WE'RE WAITING FOR BOARD MEMBER KIM, BUT WE DO TECHNICALLY HAVE A OKAY.

WE CAN WAIT AN ACTIVE VOTE.

[00:05:05]

WE MUST COMPLETE OUR ACTION PRIOR TO MOVING FORWARD.

SHE'S TAKING CARE OF US.

NO, NO.

I'M GOOD.

I'M GLAD SOMEBODY'S GOTTA TAKE CARE OF US.

I HAVE THE SECRET PHONE NUMBER NOW.

DO YOU DON'T SHARE IT? YOU NEED IT? I'VE GOT IT.

I WILL.

OR AT LEAST ON THIS PIECE OF PAPER I DO.

I, IF YOU WANT, YOU CAN GET THE POCKET.

I JUST CARVE IT IN THE TABLE OVER THERE.

I THINK THEY MIGHT FROWN ON THAT.

WHAT DO YOU PUT THE NEW GUY IN THE CORNER AND BY HIMSELF? I, I, I'M SORRY.

I HAD NO, I HAD NO CONTROL OVER THAT.

THAT, THAT IS.

OH, HONEY, THAT'S SO SAD.

WELL, I, I THINK YOU HAVE TO PAY THE PIPER FOR THAT, SO IT'S OKAY.

WE'LL, WE'LL, WE WILL SHARE.

SO THE, UM, IN ORDER TO PASS THE MINUTES, YOU DO NOT NEED A SUPER MAJORITY VOTE.

SO PERHAPS WHEN SHE GETS BACK ON, YOU COULD CALL HER IN AS BEING IN ATTENDANCE AND WE COULD PASS THE MINUTES AND KEEP MOVING.

DOES THAT WORK, SONYA? YES.

THAT'S WHAT THE LATEST.

OH, JUST CHECKING.

WE'RE ON THE SAME PAGE.

YOU GUYS IN THE UT CLASS? YES.

WHY YOU COME TO OUR MEETING? 'CAUSE IT'S SHORTEST.

IS THAT WHAT IT IS? OH, WE'RE THE COOLEST.

YOU DID, YOU DID GET AN ACTUAL EIDE TICKET TO COME IN HERE TO RIDE THIS RIDE.

MM-HMM .

THERE'S ONLY A FEW OF US IN HERE THAT UNDERSTANDS THAT EIDE TICKET.

RIGHT? I'M NOT THAT COOL, APPARENTLY.

YEAH, I, WELL, I MEAN, WE HAD VERY FEW RERIDE TICKETS WHEN I WAS A KID GROWING UP.

SO, CHAIR, SHE, HI.

I AM SORRY ABOUT THE DELAY.

I'M ON NOW.

NO, WE'RE GLAD TO SEE YOU HERE.

THANK YOU SO MUCH.

SO WE GOT YOU AS HERE.

WE GOT YOU ON THE MO UH, THE MOTION FOR THE MINUTES WAS STILL GOOD? YES.

PUBLIC COMMUNICATIONS.

YEP.

LET'S DO THE PUBLIC COMMUNICATIONS.

UH, WE DO WE HAVE ANYTHING MS. ELAINE FOR PUBLIC COMMUNICATIONS? NOBODY SIGNED UP.

NOT ON MY SHEET, NO.

SO WE GOT NO THERE.

GOOD JOB.

AND WE WILL MOVE ON TO, OKAY, HERE COMES THE REMINDER.

SO FOR THE AUDIENCE, PLEASE, UH, TURN OFF YOUR CELL PHONES, PUT 'EM ON VIBRATE.

UM, IF YOU HAVE, YOU'RE HERE FOR A CASE.

IF AFTER YOUR CASE IS OVER, PLEASE TAKE YOUR DISCUSSION OUTSIDE TO THE LOBBY.

IF YOU HAVE ANY QUESTIONS ABOUT YOUR CASE, YOU CAN EMAIL OR CALL MS. RAMIREZ TOMORROW.

YOU WANNA WAVE AT THEM SO WE KNOW WHO YOU ARE.

UH, WANTING ADDRESSING THE BOARD, UH, WHEN ADDRESSING THE BOARD, SPEAK TO THE BOARD, NOT TO ONE ANOTHER.

UH, THE BOARD, WE WILL USUALLY TAKE A EIGHT O'CLOCK A BREAK AT EIGHT O'CLOCK FOR ABOUT 10 MINUTES.

IF WE HAVE ANYBODY THAT'S GOING TO BE TESTIFYING TONIGHT OR GIVING, UH, OPPOSITION OR SUPPORT, WOULD YOU PLEASE RI RISE UP SO WE CAN DO THE SWEARING IN? IF YOU'RE SPEAKING IN FRONT OF THE BOARD TONIGHT, YOU PLEASE.

YOU NEED TO STAND UP AND TAKE OUR, OUR LITTLE OATH.

DO YOU SOLEMNLY SWEAR AND AFFIRM THAT THE TESTIMONY YOU'LL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? OKAY.

GOOD DEAL.

SO LET'S DEAL WITH THIS WITH WITHDRAWAL.

YOU'VE ALREADY APPROVED THE MINUTES, WE'VE DONE THE PUBLIC COMMUNICATION.

[4. C15-2026-0034 Ricca Keepers for Trent Trawick 14200 Flat Top Ranch Road]

UH, CASE NUMBER C 15 2 0 2 6 0 0 3 4 3 4 14 200 FLATTOP RANCH ROAD HAS BEEN WITHDRAWN.

OKAY? OKAY.

NOW WE WILL CHECK TO SEE IF THERE'S ANY POSTPONEMENTS.

WE HAVE ONE.

WE WILL CALL THAT CASE.

C FIFTEEN TWO ZERO TWO SIX DASH 0 0 3 6 IS REQUESTING A

[00:10:01]

POSTPONEMENT.

IS THERE ANYBODY HERE TO SPEAK ABOUT THE POSTPONEMENT? OKAY.

DO I HAVE A MOTION TO POSTPONE? MOTION TO POSTPONE.

WHO DID THE SECOND? OH, YOU DID CHAIR.

YOU GOT THAT POSTPONE UNTIL NOVEMBER 9TH.

UH, WE'LL GET RIGHT TO THAT.

YOU WANNA DO THAT? NOVEMBER 9TH? THAT THE NEXT DATE? LET ME LOOK ON HERE.

THAT'S THE REQUEST.

THEY'RE ASKING TO POST.

OH, THAT'S WHAT THEY'RE ASKING FOR.

YEP.

THAT'S THE NEXT DATE.

SO NOVEMBER THE NINTH.

SO WE HAVE A MOTION TO POSTPONE TILL NOVEMBER THE NINTH.

UH, WE'LL READ THE ROLL HERE.

UH, BOARD MEMBER HARBOR.

HARBOR.

I'M WORKING ON IT, BUD.

NO, YOU'LL GET IT.

UM, YES.

BOARD MEMBER MADINA AL THIS IS ON THE POSTPONEMENT? YES.

UH, BOARD MEMBER ABDULLAH? YES.

VICE CHAIR ANI? YES.

BOARD MEMBER PETITE? YES.

UH, BOARD MEMBER OF V OWEN? YES.

AND CHAIR BOWEN? YES.

YOUR POSTPONEMENT HAS BEEN AWARDED, SIR, NOW ACTUALLY MOVING ON TO THE GOOD CASES NOW.

[2. C15-2026-0029 Stephen Hawkins for Agustin Gonzalez 3011 Westlake Drive]

OUR FIRST CASE FOR TONIGHT IS GOING TO BE C 15 2 26 0 2 9 3 0 1 1 WESTLAKE DRIVE.

JOHN, IT'S FITZER, RIGHT? ARE YOU ONLINE, SIR? YES, SIR.

HELLO, CAN YOU HEAR ME? YES, SIR.

CAN, THANK YOU VERY MUCH.

UH, AND I UNDERSTAND YOU HAVE A PRESENTATION, SIR? I DO.

UH, YOU HAVE FIVE MINUTES FOR YOUR PRESENTATION, AND WHENEVER YOU'RE READY TO GO, SIR, YOUR PRESENTATION IS ON THE SCREEN FOR US.

GOOD EVENING, EVERYONE.

MY NAME IS JOHN SITTER WITH AQUA PERMITS.

I WANT TO START BY THANKING THE BOARD FOR GIVING OUR FIRM THE TIME NEEDED TO PREPARE OR RESPONSE TO YOUR QUESTIONS FROM OUR HEARING.

TO RECAP, OUR FIRM IS CURRENTLY PERMITTING A SITE PLAN FOR A NEW BOAT DOCK AT 30 11 WESTLAKE DRIVE.

WE ARE SEEKING A VARIANCE FROM LAND DEVELOPMENT CODE 25 TO 1176 A ONE WHICH STATES A DOCK MAY EXTEND UP TO 30 FEET FROM THE SHORELINE INTO THE LAKE, EXCEPT THAT THE DIRECTOR MAY REQUIRE A DOCK TO EXTEND A LESSER OR GREATER DISTANCE FROM THE SHORELINE IF DEEMED NECESSARY TO ENSURE NAVIGATIONAL SAFETY.

OUR PROPOSED DESIGN HAD THE LENGTH THAT EXTENDS 50 FEET AND ZERO INCHES FROM SHORELINE TO REPLACE THE EXISTING DOCK.

IN THE PREVIOUS HEARING, THERE WERE SOME QUESTIONS REGARDING THE ENGINEERING CALCULATIONS THAT THE BOARD BROUGHT TO OUR ATTENTION.

WE HAVE DETERMINED THAT THE NEW DOCK MUST EXTEND 50 FEET FROM SHORELINE BASED ON THE FOLLOWING EVIDENCE.

WE'VE PROVIDED THE BOARD WITH AN ENGINEERING REPORT SUBMITTED IN ADVANCE OF THIS HEARING, WHICH I HOPE IS INFORMATIVE.

WE WANTED TO ENSURE OUR CALCULATIONS WERE COMPLETELY TRANSPARENT AND SOLID.

WE WORKED WITH DANIEL HAM OF HUDSON POINT CONSULTING GROUP, WHO IS A PROFESSIONAL CIVIL ENGINEER AND EVALUATING THE EXISTING LAKE BOTTOM PROFILE AGAINST OUR PROPOSED DOC AND DREDGING DESIGNS.

WHAT YOU'RE SEEING NOW IS A CROSS SECTION OF THE SYMMETRY OF LAKE AUSTIN IN THE AREA WHERE WE ARE PROPOSING THE NEW BOAT DOCK.

TO BREAK DOWN THIS CROSS SECTION, WE HAVE A DREDGE AREA OF 32 SQUARE FEET, WHICH IS SHOWN IN THE HATCH POLYGON AT THE BOTTOM RIGHT.

IF YOU EXTEND THAT POLYGON ACROSS THE DOCKS, 21 FOOT WIDTH, WHICH IS WITHIN THE COFFER WALLS PROPOSED ON THE SIDE OF THE DOCK, THAT GIVES A TOTAL OF 672 CUBIC FEET OF EXCAVATED MATERIAL.

IF YOU DIVIDE THAT BY 27, YOU ARRIVE AT 24.89 CUBIC YARDS, WHICH ROUNDS CLEANLY TO OUR LIMIT OF 25 CUBIC YARDS, MAINTAINING THE 50 FOOT DISTANCE FROM THE SHORELINE, GUARANTEED THAT WE STAY RIGHT AT OR BELOW THAT 25 CUBIC YARD LIMIT.

THE MAXIMUM ALLOWED AMOUNT OF DREDGE PER CODE, BRINGING THE DOCK IN TOWARDS SHORELINE BY EVEN A FOOT, WOULD SEND THE DREDGING CALCULATIONS ABOVE 25 CUBIC YARDS.

THIS SECTION OF LAKE IS VERY SHALLOW, CLOSER TO THE SHORELINE, AND THAT IS WHY WE'RE SPEAKING TO PERMIT THE NEW DOCK OUTSIDE OF THAT SHALLOW AREA FOR NAVIGATIONAL SAFETY.

[00:15:01]

THIS IS NOT UNUSUAL FOR THIS SECTION OF LAKE AT 30 15 WESTLAKE DRIVE.

THE EXISTING DOCK EXTENDS ABOUT 57 FEET INTO THE SHORELINE.

WE'RE RIGHT NEXT DOOR AT 3009.

WESTLAKE DRIVE THE BOARD OF ADJUSTMENT, GRANTED A VARIANCE IN 2019, ALLOWING THEIR DOCK TO EXTEND 62 FEET.

THOUGH THERE IS SOME HISTORICAL EVIDENCE TO THE HARDSHIP INHERENT IN THE SECTION OF THE LAKE AT OUR PROPOSED 50 FOOT LENGTH, WE ARE SEEKING THE ABSOLUTE MINIMUM DEVIATION FROM THE CODE IN ORDER TO STAY UNDER THE DREDGING LIMITS AND PROVIDE SAFE USAGE OF THE WATERWAY.

OUR DESIGN ALSO WILL REDUCE THE OVERALL NON-CONFORMING LENGTH OF THE EXISTING DOCK BY 34 FEET, FOUR INCHES, WHICH SHOULD HELP NAVIGATION IN THAT AREA FOR ALL BOAT TRAFFIC.

PLEASE.

THANK YOU SO MUCH FOR YOUR TIME AND YOUR CONSIDERATION, AND I HOPE THAT WE WERE ABLE TO CLEAR UP ANY QUESTIONS THAT YOU MIGHT HAVE HAD HERE, AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT STILL HAVE.

IS THERE ANY OTHER SUPPORT FOR THIS? UM, THIS PARTICULAR CASE, SEEING NONE.

IS THERE ANY OPPOSITION? OKAY.

SEEING NONE.

UM, ANY MOVEMENT TO, UH, CLOSE THE, YOU WANNA CLOSE THE PUBLIC HEARING? YES, MA'AM.

CLOSE THE, UH, THE, THE ACTUAL, YEAH.

CLOSE THE, UM, WHY AM I DRAWING A BLANK? ALL OF A PUBLIC HEARING.

PUBLIC HEARING I TO WRITE THAT NOTE DOWN, I JUST, YOU KNOW, ONE OF THOSE THINGS, IT WAS JUST, SOMETIMES IT JUST GETS STUCK IN THERE.

WELL, YOU KNOW, WHEN YOU MISS A MONTH, YOU JUST, IT'S LIKE A WHOLE VACATION, ISN'T IT? YES.

IT'S ALMOST LIKE A VACATION.

SO, ALRIGHT.

UH, MOVE TO CLOSE THE, UH, THE PUBLIC HEARING.

WE HEAR A MOTION.

IT'S NOT A MOTION, IT'S NOT A MOTION.

WELL, WE CLOSED IT THEN.

DAMN.

YOU CAN DO IT.

YOU HAVE THE POWER.

I HAVE THE POWER, I FEEL LIKE.

YEAH, WHATEVER.

OKAY, SO WE'RE GONNA CLOSE THE PUBLIC CON, UH, MEETING.

ANY QUESTIONS FROM THE BOARD MEMBERS? I'M GONNA MAKE A MOTION TO APPROVE.

BUT I, I'LL SECOND THAT.

UM, DO I HAVE AN OPPORTUNITY TO ASK A COUPLE QUESTIONS SINCE YOU'VE DONE THAT NOW? OKAY.

UM, ONE OF MY QUESTIONS REGARDS, UH, I NOTICED THAT IN YOUR DRAWINGS YOU CALL FOR, UH, SLIP SHEETING DOWN, UH, DOWN TWO OF THE SIDES? OR IS IT ALSO ACROSS THE FRONT? UH, JUST ALONG THE SIDES.

THAT'S THE COFFER WALLS.

AND SO ONE OF MY OTHER QUESTIONS IS, UM, BASED UPON JUST REVIEWING YOUR PLANS, WHEN YOU GET READY TO PUT IN YOUR TAKE OUT THE OLD DOCK AND YOU'RE STARTING TO PUT IN ALL OF YOUR GRANITE BLOCKS, ARE YOU DOING THAT FROM THE SHORELINE OR ARE YOU DOING THAT FROM, UH, FROM A BARGE.

FROM A BARGE.

SO THE EXCAVATION THAT YOU'RE TAKING OUT FOR THAT IS GOING TO GET PLACED WHERE, YOU MEAN THE REMOVAL OF WHAT'S CURRENTLY THERE? YES, CORRECT.

IT'LL BE REMOVED VIA BARGE AS WELL.

SO YOU'RE NOT GONNA DUMP IT BACK UP ON THE GROUND, YOU'RE JUST GONNA DIG IT OUT AND STICK IT ON THE BARGE.

MM-HMM.

UM, ONE OF MY OTHER QUESTIONS I HAVE IS THAT, YOU KNOW, YOU, YOU BASED IN HERE THAT YOU'VE GOT, UH, THAT THE, UH, THE CRAFT NEEDS, UH, MODERN CRAFT NEEDS, UH, 42 INCHES OF DRAFT, BUT BASED UPON SOME CALCULATIONS I DID, I'M LOOKING AT 39 INCHES.

I'M KIND OF CONFUSED.

YOU'RE USING THE 42 INCHES VERSUS, UH, YOU KNOW, SAYING THAT YOU GOTTA HAVE AT LEAST 42 INCHES, BUT THE MOST YOU'RE DIGGING OUT IS REALLY, UM, UH, IS NOT, IT'S ONLY DOWN TO 33.

UH, IT, YEAH, UH, 30, IT'S RIGHT AT 39 INCHES.

BUT YOU'RE ASKING FOR THAT.

YOU HAVE TO HAVE 42 INCHES OF DRAFT.

IS THAT GONNA BE SUFFICIENT? I BELIEVE SO.

YOU KNOW, WE'RE TRYING TO MAKE IT USABLE FOR ALL SORTS OF DIFFERENT WATERCRAFT.

UM, SO THE MEAN AVERAGE IS 42.

UM, THAT IS, YOU KNOW, ALSO ALLOWING FOR LAKE FLUCTUATIONS, WHICH THE CAN CHANGE DAY TO DAY.

UM, I WAS JUST LOOKING AT, I WAS COMING UP WITH ROUGHLY 22 CUBIC FEET, UM, OUT TO, OUT TO THE 35 FOOT RANGE THAT WOULD STILL GET YOU YOUR 20, ROUGHLY YOUR 20 FEET THAT YOU'D NEED FOR THAT.

UM, YEAH, 'CAUSE LOOKING AT, WHEN I WENT BACK THROUGH, AND I KNOW I QUESTIONED THE CALCULATIONS ON THAT, UH, JUST KIND OF LOOKING AT THAT, I WAS, I WAS REALLY CONCERNED ABOUT THIS BEING ALL THE WAY OUT.

UM, 'CAUSE EVEN FROM 15 FEET OUT TO, UH, 35 FEET BASED UPON YOUR, UM, SURVEY,

[00:20:01]

DID Y'ALL LOOK AT HOW FAR YOU COULD GO IN IF YOU MOVED IT INSTEAD? WE DID.

AND THAT'S IN THE ENGINEERING REPORT.

YOU'LL SEE THAT THE FURTHEST OUT DISTANCE OF 50 FEET, UM, IF WE GO ANY CLOSER TO SHORELINE, WE'RE GOING TO EXCEED THAT 25 CUBIC YARD LIMIT OF DREDGE.

UM, SO THAT IS WHY WE'VE HAD IT POSITIONED AT 50 FEET.

BECAUSE MY MAIN CONCERN IS THE SAFETY OF, OF BEING OUT THERE JUST BECAUSE OF THE NAVIGATIONAL ISSUES.

UM, IT'S NOT LIKE THIS IS, UH, SOMETHING NEW FOR US, SO.

SURE.

UM, WE HAVE, I MEAN, THE, IF IT MAKES ANY DIFFERENCE, UH, THE DOCKS ON EITHER SIDE OF THIS DOCK, UM, ARE BOTH GOING TO BE STICKING OUT ABOUT 10 FEET FURTHER THAN 50 FEET ALREADY.

SO, UM, AND THE CURRENT DOCK IS AT 84 FEET AND FIVE INCHES, SO WE'RE ACTUALLY REDUCING IT BY AROUND 35 FEET.

UM, SO THAT SHOULD IMPROVE NAVIGATION IN THE AREA CONSIDERABLY.

WELL THEN I'VE GOT MY QUESTIONS ANSWERED.

ANYBODY OTHER QUESTIONS? CHECKING OUT.

DON'T SEE ANY, I HAVE A MOTION ON THE, ON THE TABLE TO ACCEPT THIS.

AND I DO HAVE A SECOND.

SO, AND THAT WAS, UH, BOARD MEMBER HAWTHORNE WITH THE MOTION AND NO, THAT WAS, UH, VICE CHAIR, SHERIFF DUNNING VICE CHAIR WITH THE MOTION.

AND I WAS THE SECOND VICE ONE.

YOU WERE THE SECOND.

SORRY ABOUT THAT FINDINGS ALL.

SO WE NEED TO GET SOME FINDINGS.

FINDINGS.

UM, LET'S SEE.

THE ZONING REGULATIONS APPLICABLE TO THIS PROPERTY DO NOT ALLOW FOR REASONABLE USE, UM, BECAUSE THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT, UH, THERE IS THE, UM, A VERY, UH, SHALLOW DROP FROM THE SHORE DOWN TO THE, UM, DOWN TO THE, UH, RIVER BED, WHICH WOULD CREATE THE NEED FOR MORE DREDGING THAN IS ALLOWED UNDER THE CODE.

UM, IT IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED, UM, BECAUSE, UH, THIS IS A UNIQUE ASPECT OF THIS, UH, RE AREA.

AND THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY, AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED.

UH, BECAUSE THERE ARE ALREADY SOME PROPERTIES NEARBY THAT HAVE DOCKS EXTENDING EVEN FARTHER.

UM, THIS CHANGE ACTUALLY REDUCES THE LENGTH OF THE DOCK.

UM, AND, UH, THE RIVER IS WIDE ENOUGH AT THIS POINT THAT WE DON'T NEED TO BE CONCERNED ABOUT, UH, NAVIGABILITY ISSUES.

DID WE GET ALL THAT MR LINE? SORRY, WHAT WAS THAT? DID YOU GET ALL THAT THAT YOU NEEDED? YES.

OKAY, GREAT.

ALRIGHT, SO WE'LL GO AHEAD AND, AND DO THE VOTE ON THAT.

WE'RE GONNA START WITH OUR NEW BOARD MEMBER JOSEPH AL HARBOR.

UH, BOARD MEMBER MCCLELLAN.

THE LENGTH THAT HE'S GOING OUT.

BOARD MEMBER HAWTHORNE? YES.

BOARD MEMBER.

ADULLA CHAIR.

I DID HAVE A QUESTION.

CAN I ASK THAT RIGHT NOW FOR, FOR THIS BODY? MORE? MORE? UM, WELL, I CAN UNDERSTAND THAT THE, THE, UM, THIS IS ACCORDING TO THE, UH, PRESENTER, THIS IS KIND OF GENERAL TO THE AREA ISN'T, AND HE SHOWED US TWO OTHER, UH, PROPERTIES.

SO, UM, UH, I'M NO LONGER IN THE ROOKIE, SO YOU CAN PROBABLY LEARN WITH ME.

I WOULD ASK MAYBE SOME OF THE MORE SENIOR PEOPLE OR PEOPLE WHO ARE IN THE FIELD, UM, OR EVEN LEGAL ISN'T THIS GENERAL TO THE PROPERTY BECAUSE THERE'S MORE THAN THERE'S TWO OR MORE PROPERTIES.

WELL, I MEAN, THERE'S A STRETCH OF LAKE AND IT'S SHALLOW IN THAT AREA, AND HE'S ACTUALLY DECREASING

[00:25:01]

AND SO, AND THE, AND IN SIMILAR VARIANCES, WE ACTUALLY APPROVED IN SOME CASES, AND I THINK, UM, YOU CAN SEE IN HIS PRESENTATION THAT THERE WAS ACTUALLY ONE APPROVED FOR 60 FEET.

RIGHT, RIGHT, RIGHT.

IN THAT STRETCH.

SO WHILE WE'RE NOT ALLOWED TO TAKE THAT INTO ACCOUNT THOUGH, RIGHT? WHAT WE DO FOR OTHER PROPERTIES? NO, BUT THE DREDGE VOLUME, I THINK THE OFFSET OF THE DREDGE VOLUME.

SO IF HE DOES NOT GET THIS VARIANCE, THEN HE HAS TO GO TO THE ENVIRONMENTAL BOARD AND GET A VARIANCE TO DREDGE MORE THAN THE ALLOWED CUBIC YARDAGE.

AND THAT IS PROBABLY MORE DETRIMENTAL TO THE LAKE.

AND IF YOU LOOK AT THE LAKE, THE WIDTH OF THE LAKE IN THAT AREA, I MEAN, WE'RE IN SUCH A DROUGHT THAT THE LAKE'S JUST GETTING SHALLOWER AND SHALLOWER.

I MEAN, WE'VE HAD MOMENTS OF REPRIEVE IN THIS DROUGHT CYCLE, BUT NOT, NOT, IT'S EITHER DROUGHT OR FLOOD, YOU KNOW, ONE OR THE OTHER AROUND HERE.

AND SO WHILE IT IS GENERAL, IT'S NOT GENERAL, IT IS SPECIFIC TO THE PROPERTY AS WELL.

BUT I'D HAVE SOMETHING TO ADD TO THAT CHAIR IF I CAN.

SURE.

GO AHEAD.

SO, SO I THINK YOUR POINT'S WELL TAKEN BOARD MEMBER AND SOMETHING THAT I THOUGHT A LOT ABOUT AS WELL.

UM, I THINK THE REASON, MY INTERPRETATION IS THAT THE REASON THAT THAT'S IN THERE IS BECAUSE IF SOMETHING IS SO GENERAL TO A LARGE AREA THAT WE COULD HAVE JUST, THE CITY COULD HAVE JUST CHANGED THE CODE FOR THAT AREA, THEN IT DOESN'T MAKE SENSE TO GRANT A VARIANCE.

RIGHT? SO FOR ME, IT COMES DOWN TO HOW BIG THE AREA IS.

IF WE'RE TALKING JUST ABOUT A LITTLE STRETCH ON THE SIDE OF, YOU KNOW, A SIDE OF THE LAKE, THEN WE'RE NOT GONNA CHANGE THE CODE FOR THAT WHOLE SECTION.

BUT THAT'S, THAT'S HOW I THINK ABOUT IT.

IF IT'S NOT A BIG ENOUGH REGION THAT YOU COULD ACTUALLY LEGISLATE FOR IT, THEN A VARIANCE IS APPROPRIATE.

AND I THINK THAT'S TRUE HERE.

BOARD MEMBER .

WELL, I AGREE WITH, UH, COMMISSIONER MAGGIE, THE IT, THAT, AND ALSO IF YOU TAKE LOOK IN THE GENERAL TO THE AREA, IT, YOU HAVE TO LOOK AT PERSONALLY MYSELF, I LOOK AT IT MORE THAN JUST THE PROPERTY.

SO IF IT'S LIKE GENERAL IN THE NEIGHBORHOOD, BUT IN THIS CASE, WE'RE LOOKING AT THE, AT THE, AT THE LAKE NORMALLY ON DOCKS, I'M VERY RETICENT ABOUT PASSING VARIANCES FOR PEOPLE TO BE, GO BEYOND WHAT OUR LIMITS ARE.

BUT IN THIS CASE, TAKING THE AREA, HE'S BASICALLY SANDWICHED BETWEEN ONE DOCK ON ONE SIDE IS 56 FEET AND YOU DOCK ON THE OTHER SIDE IS 62 FEET.

HE'S GONNA BE 50 FEET, HE'S BACK IN.

SO IT'S SORT OF, IT, IT IN, IF YOU WANNA USE THE GENERAL TO THE AREA.

I THINK IT PASSES THE MUSTARD TEST ON, ON THAT ASPECT.

AND, AND ON THAT, EVEN THOUGH MOST OF OUR VARIANCE IS, WELL, NOT MOST, I LEGALLY ALL OF OUR VARIANCES ARE JUST FOR THAT PROPERTY ALONE.

AND, AND ON THAT POINT, ONE OF THE THINGS LOOKING AT THIS, AND ONE OF THE REASONS, UM, I LOOK AT, I LOOK AT THE CALCULATIONS BECAUSE THAT'S WHAT I'VE HAD TO DO IN THE PAST IS LOOK AT CUTS AND FILLS AND THESE TYPE OF ISSUES.

UM, I DO APPRECIATE, UM, THE FACT THAT THEY'VE GOT SLIP SHEETING COMING DOWN THE SIDES TO HELP KEEP ANYMORE FROM COMING BACK IN.

BUT THIS, WE DON'T WANNA MAKE SURE THAT WE'RE NOT RELIEVING PEOPLE WITH RESPONSIBILITY OF MAINTAINING FOR THEIR AREAS.

UM, AND I THINK THAT'S, THAT'S AN IMPORTANT THING.

WELL, WE DID HAVE THAT ONE DOCK, MR. CHAIR, WHERE IT WAS A MAINTENANCE ISSUE, CORRECT? CORRECT.

AND THAT'S ONE OF THE ISSUES THAT I KEEP GOING BACK TO AND LOOKING AT IT, IS, IS THIS A MAINTENANCE ISSUE THAT WE'RE HAVING TO DEAL WITH VERSUS A NECESSITY? CORRECT.

UM, THE FACT THAT THERE'S ACTUALLY MORE IN THIS ENTIRE DRAWING, UH, WHEN YOU START REVIEWING THE DRAWING THAT THEY'RE TAKING THEIR OLD, UH, PEER OUT AND ADDING IN A NEW BULKHEAD OF, OF BIG GRANITE BLOCKS.

THUS THE QUESTION OF, OKAY, WHAT ABOUT THIS EXTRA? AND I ACTUALLY ASK, UH, WATERSHED, IF YOU'RE DIGGING SOMETHING OUT WITH AN EXCAVATOR, IS THAT KIND OF GETS YOUR DREDGING OR NOT? AND WHEN THE LAKE WAS SUPPOSED TO BE DRAWN DOWN GOING, HOW DOES THAT FIT WITHIN THIS WHOLE REALM OF MAINTENANCE VERSUS THE REST OF IT? SO I, I APPRECIATE EVERYBODY'S QUESTIONS IN LOOKING AT THIS, AND I'M, I JUST ALWAYS LOOK AT THE CALCULATIONS AND GOING, UH, SOMETIMES THOSE DON'T LOOK LIKE THEY ADD UP VERY MUCH FOR ME.

SO ANYWAY.

BUT DOES THAT ANSWER YOUR QUESTION? IT DOES.

THANK YOU FOR EVERYONE'S EXPLANATION AND EDUCATION TO ME.

UH, VICE CHAIR STAN, BACK ON THE VOTE? YES.

A BOARD MEMBER VON OLAND? YES.

BOARD MEMBER PETITE? YES.

[00:30:02]

AND CHAIR BOWEN? YES.

CHAIR, IF YOU CAN JUST RECALL THE VOTE COUNT.

YOU DON'T HAVE TO RETAKE THE VOTE.

JUST RECALL THE VOTE COUNT SINCE Y'ALL STARTED A DISCUSSION IN THE MIDDLE OF VOTING.

JUST RECALL THE VOTE COUNT BEFORE.

WELL, THE VOTE COUNT IS, YOU WANT JUST THE YESES OR YOU WANT EVERYBODY, IT, IT'LL BE LIKE 10 TO ZERO IS WHAT YOU'LL SAY, CORRECT? YES MA'AM.

SO IT IS ALL, UH, YES ON THIS FOR ALL OF THE MEMBERS.

AND WE HAVE ACTUALLY 10 MEMBERS TODAY.

SO YOU HAVE RECEIVED YOUR, UH, VARIANCE ON THIS, SIR.

IS THAT LIKE THE SIX TIMES THE CHARM? WELL, YOU KNOW, IT IS WHAT IT IS.

UH, BUT NO, THAT'S, UH, I THINK IT'S A GOOD DISCUSSION TO BE ABLE TO HAVE THAT BECAUSE WE HAVE, UH, WE'VE HAD HOW MANY DOC CASES LATELY? OVER THE LAST COUPLE OF MONTHS? WE'VE HAD SEVERAL.

SO I, I WILL SAY FOR THE NEW MEMBER THAT WE ACTUALLY HAVE SOME OF OUR TRAINING MATERIALS ONLINE AND THERE WAS A BIG ONE FOR LAKE AUSTIN AND WE GET THESE BOAT DOCK CASES THEY USED TO A LONG TIME AGO TO THE PARKS BOARD NAVIGATION COMMITTEE.

AND BECAUSE IT'S IN THE LAND DEVELOPMENT CODE, THEY GO TO THE BOARD OF ADJUSTMENT NOW.

SO IT WAS KIND OF NEW TO ALL OF US.

AND LA ZONING IS PRETTY COMPLICATED.

AND, AND WE ACTUALLY DID, UM, HAD A TRAINING, WELL IT WAS KIND OF A TRAINING, BUT WE HAD BRIEFING ON THE ACTUAL, HOW THEY ACTUALLY GO ABOUT DOING THE DREDGING.

SO WE HAD AN UNDERSTANDING OF THAT PROCESS OF IT, HOW IT'S DONE, IT'S CAUGHT IN BAGS, THEY DO ALL THE OTHER KIND OF STUFF.

AND I THOUGHT THAT WAS, THAT WAS RE 'CAUSE I WANTED TO KNOW HOW THEY DID IT ALSO.

SO.

UH, IS THAT RE IS THAT RECORDED ANYWHERE? YES, IT IS.

IT'S ACTUALLY ON THAT CASE THAT WE DID IT.

WAS THAT IN DECEMBER OR JANUARY? I THINK IT WAS DECEMBER OF LAST YEAR.

GONNA MOVE ON NOW TO OUR AGENDA ITEM NUMBER THREE.

WE CAN GET YOU THAT INFORMATION IF YOU'D LIKE.

SO DID OUR STUDENTS LEARN ANYTHING TODAY? OKAY, GREAT.

UM, BECAUSE THOSE ARE ACTUAL ISSUES THAT SOME OF US ARE VERY CONCERNED ABOUT, ESPECIALLY WHEN THEY, UM, IF YOU GO BACK AND LOOK AT THAT ONE THAT WE DID, THEY TALKED ABOUT WHAT, HOW THEIR DREDGING PROCESS ACTUALLY WORKED AND WHAT THEY, HOW THEY ACTUALLY TOOK CARE OF THAT BY BAGGING IT UP, PUMPING IT UP IN, UP ON THE BANKS AND CORDING IT OFF.

THAT WAS EXTREMELY INTERESTING FOR ME AT LEAST.

SO, ALRIGHT, WE'RE

[3. C15-2026-0030 Xiao Huang 2805 Saratoga Drive]

UH, CASE NUMBER C 15 2 0, I MEAN, SORRY, 2 0 2 6 DASH ZERO THREE, UH, 28 0 5 SARATOGA DRIVE.

AND GUESS WHAT? IT'S ANOTHER ONE, UH, OUT AT THE LAKE.

STEP ON UP, SIR.

IS IT MR. HONG OR, I'M SORRY, MISS WHAT? SORRY.

OKAY, TAKE IT.

YOU HAVE A PRESENTATION? I SEE IT UP.

HELLO? OKAY.

UH, AND YOU'RE GONNA HAVE FIVE MINUTES FOR, UH, FOR YOUR PRESENTATION.

OKAY? YES.

UH, GOOD EVENING EVERYONE.

UM, THANK YOU FOR GIVING ME THE OPPORTUNITY HERE TO SPEAK, UH, TONIGHT.

UM, I'M, UH, I'M, MY NAME IS XO JUAN.

I'M THE OWNER OF 2 8 0 5 SARATOGA DRIVE.

UM, I'M REQUESTING A VARIANCE, UH, TO REDUCE THE FRONT YARD SETBACK FROM 40 FEET TO SEVEN FEET.

UH, I UNDERSTAND.

THAT SOUNDS SIGNIFICANT.

UH, SO I WOULD LIKE TO BRIEFLY EXPLAIN THE HISTORY OF THE PROPERTY.

UM, THE HOUSE, ACCORDING TO THE RECORD, IT WAS BUILT IN 1970.

UM, EVEN THOUGH WITHOUT, UM, SPECIFIC SETBACK REQUIREMENTS BACK THEN, THE PROPERTY LINE OF THE HOUSE WAS ACTUALLY 15 FEET AWAY FROM THE STREET.

AND THE LATER CITY OF AUSTIN, UM, INCORPORATED NEIGHBORHOOD INTO, UH, ITS UNLIMITED PURPOSE JURISDICTION.

UM, SO THE CURRENT, UM, SETBACK REQUIREMENTS FOR THE FRONT YARD IS 40 FEET, AS SHOWN ON THE SLIDE.

UM, THE RED LINE IS 40 PLUS 15, WHICH IS 55 FEET AWAY FROM THE STREET.

AND THE, THAT PUTS THE MAJORITY OF THE EXISTING, UH, BUILDING

[00:35:01]

IN THE SETBACK AREAS.

UH, I PURCHASED THE HOUSE IN 2020 IN JUNE, 2024, AND I HIRED A DESIGNER AND A STRUCTURAL ENGINEER AND THE GENERAL, UH, CONTRACTOR TO WORK ON THE REMODELING.

UM, THE SURVEY AT THAT TIME ONLY SHOWED THE 15 FEET, UH, SETBACK.

SO THE DESIGNER WAS NOT AWARE OF THE 40, UH, 40 FEET REQUIREMENTS.

UM, AND THE DESIGN PROPOSED BUILDING A FRONT DECK, UH, AS A NEW ENTRANCE TO REPLACE THE EXISTING FIREPLACE AND ALSO, UM, ELIMINATING THE ENTRANCE ALONG THE SARATOGA DRIVE THROUGH THE SIDE PATIO.

AND THE DRAWINGS WERE FINALIZED IN FEBRUARY ON 2025.

AND THE NEW ENTRANCE WAS CONSTRUCTED IN JUNE, 2025.

AND UNFORTUNATELY, THE GENERAL CONTRACTOR'S, UH, APPLICATION FOR THE BUILDING PERMIT WAS REJECTED BECAUSE THIS EXTERIOR, UH, DECK WAS INCLUDED IN THE INTERIOR DECK APPLICATION.

UH, I WASN'T AWARE OF THE REJECTION, UH, UNTIL THIS YEAR IN MAY.

UH, AND I'VE BEEN WORKING TO BRING THIS PROJECT INTO COMPLIANCE, UM, UM, SINCE THEN.

UH, NEXT SLIDE PLEASE.

SO, UM, THE NEW DECK, UH, AS SHOWN IN THE RED BOX, UM, IT'S ONLY FOUR, FOUR FOOT, UH, FOUR FOOT WIDE.

AND, UH, EVEN WITH THE VARIANCE APPROVED, IT WOULD BE, UH, 22 FEET AWAY FROM THE STREET.

UH, I RESPECTFULLY ASKED THE BOARD TO CONSIDER THE, THE AGE OF THE HOUSE AND, UH, THE HISTORY OF THE NEIGHBORHOOD, UH, THE EXISTING LAYOUT AND, UH, THE LIMITED SCOPE OF THIS REQUEST.

UH, THANK YOU FOR YOUR TIME AND, UH, CONSIDERATION.

THANK YOU MA'AM.

UM, IS THERE ANY, ANY OTHER SUPPORT, DO WE HAVE ANY OPPOSITION? OKAY, AT THIS POINT WE WILL CLOSE THE PUBLIC COMMENT AND OPEN IT UP FOR QUESTIONS.

BOARD MEMBERS.

ANY QUESTIONS? YES, SIR.

GO AHEAD.

I'M GONNA MAKE A MOTION TO APPROVE.

I'LL SECOND IT.

AND, UH, I WANTED TO ASK YOU, DID YOU WRITE YOUR FINDINGS? SORRY? DID YOU WRITE YOUR FACT FINDINGS? THE FINDINGS? UH, I, UH, YEAH, THE, THE DESIGNER AND I WROTE IT TOGETHER.

YOU DID A GOOD JOB.

I THINK YOU DID A GOOD JOB THERE.

IT, IT, IT'S VERY CLEAR.

IT'S NOT, IT'S THE PLACEMENT OF YOUR HOUSE.

IT'S NOT YOUR PORCH.

I, I DO HAVE A QUICK QUESTION.

UM, DID I UNDERSTAND THAT THE DECK HAS ALREADY BEEN BUILT? YES, SIR.

IN JUNE, 2025.

YEAH, I WAS JUST TRYING TO, SO, SO BASICALLY THE PERMIT WAS NOT ALLOWED AND THEN HE BUILT THE STUFF AND YET YES, SIR.

SO HE GOT, SO THERE WAS NO INSPECTIONS OR ANYTHING? EVERYTHING, YOU'RE NOW HAVING TO FIX EVERYTHING THAT GOT MESSED UP.

YES, SIR.

, NO, BEEN THERE, DONE THAT.

I, I GET IT.

UM, JUST, I WANTED TO MAKE SURE I WAS CLEAR ON MY OWN THOUGHTS, SO MM-HMM .

DO YOU WANNA THROW 'EM UNDER THE BUS? NO, I'M NOT, NOT GOING DOWN THAT ROAD.

JUST, UH, I HAVE A FEELING WE'RE GONNA SEE MORE OF THAT HERE COMING UP PRETTY SOON, SO.

THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY, AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH A PROPERTY IS LOCATED BECAUSE THE REQUESTED VARIANCE IS LIMITED TO A MODEST ENTRY PORT INTENT INTENDED SOLELY TO PROVIDE SAFE ACCESS TO AN EXISTING RESIDENCE.

SO, FINDINGS.

FINDINGS, PLEASE, SIR.

REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR A REASONABLE USE BECAUSE THE STRICT ENFORCEMENT WOULD PREVENT A SAFE AND FUNCTIONAL PRIMARY ENTRANCE.

THE EXISTING HOME AT 28 0 5.

SARATOGA PREDATES CURRENT SETBACK REQUIREMENTS AND ITS FIXED LOCATION MEANS ANY PRACTICAL FRONT ENTRY WOULD EXTEND BEYOND THE SETBACK LINE HARDSHIP.

THE HARDSHIP FOR WHICH VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT THE HOME WAS LEGALLY BUILT IN THE SEVENTIES BEFORE CURRENT CITY OF AUSTIN SETBACK REQUIREMENTS APPLIED ITS FIXED LOCATION ON A CORNER LOT CREATES A PREEXISTING PHYSICAL CONSTRAINT THAT PREVENTS THE COMPLIANT AND CURRENT ENTRANCE REQUIREMENTS.

THIS HARDSHIP RE RESULTS FROM LATER ZONING CHANGES NOT FROM ANY ACTION BY THE PROPERTY OWNER.

THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE IT ARISES FROM THE SPECIFIC PLACEMENT OF THE 50-YEAR-OLD HOME ON A CORNER LOT WHERE THE EXISTING STRUCTURE CONFLICTS WITH THE CURRENT SETBACK REQUIREMENTS ON BOTH STREET FRONTAGES BECAUSE THE FIXED, BECAUSE THE HOME'S FIXED LOCATION AND ELEVATED ENTRY CANNOT COMPLY WITH MODERN SETBACKS REGARDLESS OF ORIENTATION.

THIS IS A SITE-SPECIFIC PHYSICAL CONSTRAINT NOT SHARED BY NEIGHBORING PROPERTIES AREA CHARACTER.

THE VARIANCE WILL NOT ALTER

[00:40:01]

NO, IT WAS, I I WISH THEY WERE ALL LIKE THAT.

PRETTY STRAIGHTFORWARD.

THAT'S IT, MR. CHAIR.

'CAUSE EVEN AS I'D LOOKED THROUGH IT AND I WAS GOING THROUGH IT AND I'M GOING, OH, THIS SOUNDS LIKE THIS WAS A ISSUE OF, AND NOW SOMEBODY WAS HAVING TO CLEAN THE MESS UP.

SO THANK YOU MAMIE.

YOU DID A REALLY GOOD JOB.

REALLY APPRECIATE IT.

SO WE'LL NOW CALL THE VOTE.

BOARD MEMBER.

OR YOU SHOULD MIX, MIX IT UP.

SO THE POOR GUY ON HIS FIRST DAY DOESN'T HAVE TO GO FIRST EVERY DAY.

I DIDN'T DO THAT.

TALK TO HER.

YOU CAN DO IT ANY WAY YOU WANT.

YOU'RE THE CHAIR.

WE'LL COME BACK TO YOU, SIR, ON THAT.

OR IF YOU WANNA GO AHEAD AND SAY YOUR YEAH.

UH, I NEED SOME TIME TO THINK ABOUT THIS.

GOOD.

UM, ALL RIGHT, WE'RE GONNA GO THAT, UH, BOARD MEMBER MEDINA.

LEON? YES.

BOARD MEMBER MCCLELLAN? YES.

BOARD MEMBER ABDUL? YES.

VICE CHAIR ANI? YES.

BOARD MEMBER POTI? YES.

BOARD MEMBER V OLIN? YES.

AND CHAIR BOWEN? YES.

AND BACK TO BOARD MEMBER HAR.

NO, BUT IF YOU HAD A QUESTION, PLEASE WE'RE, WE'RE ALL HERE TO HELP SHARE AND LEARN AND GO FROM THERE.

THAT'S YEAH, I WAS GONNA SAY, BUT THIS ONE IS PRETTY STRAIGHTFORWARD.

IT REALLY WAS.

BUT I MEAN, HE SHOULDN'T CALL YOU FIRST EVERY TIME ON YOUR FIRST DAY.

SORRY.

THAT'S OKAY.

I AT LEAST HAVE A SENSE OF HUMOR.

THIS IS THE FUN SIDE, REMEMBER? YEAH.

YEAH, I RECALL.

IT'S OKAY.

WE'LL MAKE SURE YOU'RE NOT, YOU KNOW, WE'LL GET YOU CLOSER IN.

YEAH, THERE'S ALWAYS NEXT MONTH.

SO MA'AM, YOUR VARIANCE HAS BEEN AWARDED.

WE REALLY DO APPRECIATE YOU COMING AND HAVING A THANK YOU SO MUCH.

MEMBERS OF THE BOARD.

THANK YOU SO MUCH.

DO I DARE ASK THE CLASS NOW? WHAT DID THEY LEARN FROM THAT? WELL, THAT'S OKAY.

THERE'S GONNA BE PORTIONS OF THIS.

SORRY.

YOU WERE INCOGNITO JULY SAID SOMETHING.

EXACTLY.

SO THERE.

SORRY ABOUT THAT.

SO THE MORAL OF THE STORY IS MAKE SURE YOU GET YOUR DANG PERMITS SO YOU'RE NOT IN THIS BIND.

TRUE.

ALL RIGHT, MOVING ON.

[5. C15-2026-0035 Victoria Goodman & Mark Sainsbury 4523 Avenue G]

CASE.

C 15 2 0 2 6 0 0 3 5.

45 23 AVENUE, G, MS. GOODMAN, AND MR. IS IT SANDBURG? OKAY, GOOD.

YOU WILL HAVE FIVE MINUTES FOR YOUR PRESENTATION AND WE WILL GO FROM THERE.

SO PLEASE GO AHEAD.

THANK YOU FOR BEING HERE TONIGHT.

UM, THIS REQUEST FOR A VARIANCE IS FOR OFFENSE, BUT WE HAD TO CONSTRUCT WHEN WE WERE FORTUNATE ENOUGH TO BE ABLE TO ACQUIRE THE PROPERTY JUST TO THE NORTH OF OUR EXISTING PROPERTY.

AND WE HAVE A SWIMMING POOL, SO WE NEEDED TO PUT IN A GOOD FENCE THAT WOULD BE SAFE.

REQUIRES THE MAXIMUM HEIGHT TO BE EIGHT FEET.

UM, SO YOU'LL SEE THAT, UM, THE NEW PROPERTY IS THE AREA OR NOT, NOT THE RECTANGLE AT THE VERY TOP OF THE SURVEY, BUT THE NEXT ONE DOWN, THE ONE THAT'S JUST BELOW THE RED LINE, THAT'S OUR NEW PROPERTY.

AND THAT'S WHERE WE HAD TO PUT IN A FENCE IN ORDER TO MAKE SURE OUR POOL DIDN'T CAUSE ANY TROUBLES.

SO THE FENCE FOR WHICH WE'RE REQUESTING A VARIANCE IS MARKED IN RED.

IT'S THE NORTHERN BOUNDARY OF OUR NOW NEWLY COMBINED PROPERTY.

AND THE EASTERN, THE NEW BIT OF EASTERN SIDE, THE TURQUOISE MARKING IS FOR A FENCE THAT WAS BUILT MANY YEARS AGO AND WHICH RECEIVED A VARIANCE IN 2009.

THE STRUCTURE OF THE REQUESTED NEW FENCE IS EXACTLY THE SAME AS THIS STRUCTURE OF THE FENCE FOR WHICH WE GOT A VARIANCE.

IT CONSISTS OF A SIX FOOT SOLID FENCE SURMOUNTED BY THREE FOOT OF TRELLIS FRONT FENCE.

SO THIS BRINGS THE TOTAL HEIGHT TO NINE FEET, WHEREAS CODE

[00:45:01]

SO, UM, HERE AS IS US BUILDING THE POOL MANY, MANY YEARS AGO, THIS IS REALLY JUST BACKGROUND INFORMATION AND THERE'S THE OLD FENCE, WHICH WAS JUST A SIX FOOT FENCE.

UH, SO WE HAD TO INCREASE THE HEIGHT OF THE FENCE.

THERE IT IS, WITH ITS TRELLIS.

SO THAT'S WHAT WE DID MANY YEARS AGO, AND AS I SAY, WE GOT A VARIANCE FOR THAT NEXT SLIDE.

AND THAT'S HOW IT LOOKS TODAY.

AND THAT'S ANOTHER SHOT OF HOW THE OLD FENCE LOOKS TODAY.

SO THAT WAS ALL BACKGROUND.

NOW WE GO TO THE NEW FENCE.

THERE IT IS.

IT MATCHES EXACTLY THE OLD FENCE.

SIX FOOT SOLID AND THREE FOOT TRELLIS.

AND, UM, THAT IS THE NORTHERN PART OF THE NEW FENCE, SO AGAIN, IT MATCHES THAT SAME STRUCTURE.

THIS IS, UH, LOOKING AT THE NORTHERN FENCE FROM THE NORTH.

AND SO IT'S ON THE OTHER SIDE.

AND I THOUGHT YOU WOULD LIKE TO SEE WHAT A SIX FOOT FENCE WOULD'VE LOOKED LIKE IF IT HAD JUST BEEN A SIX FOOT FENCE AND HOW EASY IT MIGHT HAVE BEEN FOR A CHILD TO CLIMB OVER IF WE'D LEFT THINGS AS THEY WERE.

SO THAT'S WHAT THE THREE FOOT TRELLIS IS MEANT TO DO.

IT'S MEANT TO MAKE IT HARDER FOR CHILDREN TO CLIMB OVER.

UH, THIS PHOTOGRAPH IS PARTLY TO SHOW THE, UM, THE NEIGHBOR'S NINE FOOT FENCE.

IT'S ON, IT'S WHERE THE ARROW IS POINTING.

THAT'S, UM, BEEN OBVIOUSLY BEEN THERE FOR A LONG TIME.

SO IT SHOWS THAT NINE FOOT FENCES ARE COMMON IN THE NEIGHBORHOOD, APART FROM THE FACT THAT OF COURSE OUR PREVIOUS FENCE WAS ALSO A NINE FOOT FENCE, THE ONE WE BUILT MANY YEARS AGO.

AND THAT'S JUST A CLOSER UP VERSION OF THE NEIGHBOR'S NINE FOOT IN OUR FENCE FOR WHICH WE'RE ASKING THE VARIANCE IS JUST VISIBLE ON THE RIGHT OF THE PHOTO.

SO, UM, THE HARDSHIP IN THE TECHNICAL SENSE IS THAT WE HAVE AN INGROUND SWIMMING POOL WITH NO COVER AND OPEN ALL THE YEAR.

THE NINE FOOT FENCE HELPS PREVENT CHILDREN ACCESSING THE POOL AND POSSIBLY HARMING THEMSELVES, AND A LOWER FENCE WOULD BE LESS SAFE.

WE CONSULTED OUR IMMEDIATE NEIGHBORS BEFORE CONSTRUCTION.

THEY REGARD THE NEW FENCE AS AN EFFECTIVE SAFETY MEASURE AND THEY'RE STRONGLY SUPPORTIVE.

THEY LIKE THE LOOK OF IT TOO.

SO WE VERY MUCH HOPE THAT WE CAN KEEP IT.

ALL RIGHT, THANK YOU.

UH, DO YOU HAVE ANY OTHER SUPPORT OR IS THERE ANY OPPOSITION TO THIS? NOT SEEING ANY.

WE WILL NOW CLOSE THE, WE WILL NOW CLOSE THE PUBLIC, UM, COMMENTS ON THIS AND OPEN IT UP FOR QUESTIONS.

I MOVE.

I'LL SECOND I HAVE A QUESTION.

SO MY QUESTION ACTUALLY COMES BACK DOWN TO I AND I I SEE THE SUPPORT AND LOOK, I'M A GUY THAT WILL DEAL WITH THESE FENCES ALL DAY.

UM, HOW DID Y'ALL GET CAUGHT? I MEAN, YOU CAME FROM ASKING FOR A VARIANCE, IT MEANS SOMEBODY TURNS YOU IN BECAUSE IT'S OVER.

UM, UH, APPARENTLY SOMEBODY WE DON'T KNOW WHO SAID THAT IT WAS OUT OF CODE.

UH, THAT, THAT WAS PART OF MY QUESTION WAS TRYING TO FIGURE OUT, BECAUSE IT'S BEEN THERE, YOU'VE BEEN DOING IT FOR THIS PURPOSE.

UM, AND I GUESS ONE OF THE OTHER QUESTIONS THAT I DO HAVE IS DO YOU PER THE, THE FENCE CODE, IT WAS SUPPOSED TO BE THAT IF YOU HAVE, UM, THAT YOU HAD TURNED IN SOME TYPE OF LETTER THAT SAYS YOUR A NEIGHBOR AGREES OR WHATEVER THE CASE IS, THAT'S FOR EIGHT FEET? THAT'S FOR EIGHT FEET.

IT'S FOR EIGHT FEET.

AND THEN YOU WOULDN'T NEED A VARIANCE IF YOU HAD YOUR ADJACENT NEIGHBOR, THEN YOU WOULDN'T NEED IT IF IT'S RIGHT.

CHILD MIGHT FIND IN CLIMBING THE FENCE.

I KNEW THAT THAT WAS, TRYING TO GET THAT CLEAR IN MY HEAD WHETHER OR NOT WE, BECAUSE YOU DON'T HAVE TO DEAL WITH ONE THAT GOES WITH TRANSPORTATION.

SO, OKAY.

SO GOT A FIRST AND I GOT A SECOND.

UH, THIS VARIANCE, UM, THE REASONABLE USE, THE ZONING REGULATIONS IS APPLICABLE TO THE PROPERTY, DO NOT ALLOW FOR A REASONABLE USE BECAUSE THAT THE SWIMMING POOL COULD POTENTIALLY BE A HAZARD.

SAFETY REQUIRES A HIGHER THAN NORMAL FENCING AND A THREE FOOT ORNAMENTAL TOPPING DISCOURAGES CLIMBING WHILE NOT DRAINING A VISUAL BARRIER HARDSHIP FOR WHICH THE VARIANCES REQUEST IS UNIQUE TO THE PROPERTY.

IN THAT THE IN-GROUND SWIMMING POOL IS OPEN YEAR ROUND.

THE THREE FOOT TRELLIS ABOVE THE SIX FOOT SOLID FENCE GREATLY ADDS TO THE DIFFICULTY A

[00:50:01]

THE FENCE FOR WHICH THE VARIANCE IS SOUGHT IS AN EXTENSION OF THE EXISTING FENCE ON THE EASTERN BOUNDARY.

AND THE HARDSHIP IS NOT GENERAL TO THE AREA WHICH IN WHICH THE PROPERTY IS LOCATED BECAUSE IT IS ON THE SOUTHERN NEIGHBOR'S IS ON OUR SOUTHERN NEIGHBOR.

IT'S, IT'S ON THE SOUTHERN NEIGHBOR'S PROPERTY, UH, 4 5 1 7 AVENUE G.

AND THEY SHARE, UM, THE REQUEST OR SHARES A FENCE WITH THE, WITH A THRILLIST, UH, RECEIVED IN THE VARIANCE RECEIVED IN 2009.

AND THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY AND WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY BECAUSE THIS FENCE, UM, UH, THE, THE NEIGHBORS ON THE EAST HAVE ALREADY ESTABLISHED CLIMBING VINES ON THE TRELLIS.

AND, UH, IT'S, UH, DOESN'T AFFECT THE TREES.

SO THOSE ARE MY FINDINGS.

I HAVE A NOTE TO PLEASE REPEAT THE MOTION AND THE SECOND AND THE SECOND MOTION.

AND WHO SECOND THE MOTION THAT WAS? I DID, UH, IT WAS, UH, MS. HAWTHORNE THAT DID THE SECOND AND BOARD MEMBER ABDULLAH DID THE, UH, FIRST DID THE MOTION.

IS THAT WHAT YOU NEEDED, MS. ELAINE? OKAY.

JUST TELEPATHIC THING.

IT'S ALSO CALLED TEXTING.

SO, OKAY.

THEN WE WILL NOW GO AHEAD AND TAKE THE VOTES ON THAT AND WE WILL MAKE SURE THAT WE'RE NOT EMBARRASSING OUR NEW GUY.

SO WE WILL GO WITH, UH, BOARD MEMBER VOLA.

I'M GONNA, I'M GONNA MAKE A MOTION TO APPROVE.

I DON'T LIKE THE FACT THAT THE FENCE WAS ALREADY BUILT.

I MEAN, I'M GONNA VOTE TO APPROVE, BUT I DON'T LIKE THE FACT THE FENCE WAS ALREADY BUILT.

NORMALLY THAT SORT OF, YOU KNOW, TAPS ME A LITTLE BIT TO COME AND ASK FOR FORGIVENESS.

THEY'D RATHER PERMISSION, EVEN THOUGH, BUT I UNDERSTAND BECAUSE YOU GOT THE PREVIOUS ONE.

THE REASON I, I THINK IT'S A, IT'S A GOOD, IF YOU WOULD'VE COME BEFORE US BEFORE YOU BUILT THE FENCE, I WOULD'VE APPROVED IT ALSO BECAUSE THE RUNNERS THAT YOU SHOW ON PAGE, UH, 5, 17, 18, AND 19, I KNOW WHEN I WAS A KID, THAT'S THE FIRST THING WE WENT THROUGH TO CLIMB A FENCE.

SO, AND THEN ALSO ON PAGE 15 AND 16, I COULD SEE THE TWO TREES THO THAT WAS ON THE OUTSIDE OF THE FENCE.

SO YOU COULD SEE THE TREES THAT A 10, 11, 12-YEAR-OLD BOY, ESPECIALLY BOYS, YOU KNOW, WE LIKE TO CLIMB TREES.

SO IT IS A SAFETY ISSUE.

I THINK IT'S A GOOD CALL.

SO I'LL VOTE YES.

NO, THANK YOU, SIR.

THAT'S, THAT'S THE REASON FOR THE, OKAY.

UH, BOARD MEMBER POTI YOUR TURN.

UH, VICE CHAIR ANI? YES.

BOARD MEMBER ABDULLAH? YES.

BOARD MEMBER HAWTHORNE? YES.

AND I WANNA SAY YOUR BACKYARD IS MAGIC.

IS JUST MAGICAL.

UH, BOARD MEMBER KIM? YES.

AND BOARD MEMBER MEDINA LIAL? YES.

AND BOARD MEMBER AL HARBOR? YES.

AND THEN MYSELF? YES.

UH, CASE NUMBER C 15 DASH 2 0 26 0 3 7 7 14 POST OAK.

YOUR VARIANCE HAS BEEN APPROVED.

UM, TAKE SOMEBODY'S RESPONSE VERY SERIOUSLY.

NOW I'M NOT GONNA ASK YOU ANY QUESTIONS.

[7. C15-2026-0037 Shesh Aandahl for Soren Aandahl 714 Post Oak Street]

AND YOU'RE GONNA HAVE TO HELP ME WITH YOUR LAST NAME THERE PLEASE.

ANDAL.

OKAY, THANK YOU.

AND SINCE YOU HAD A LITTLE BIT OF PROBLEM WITH THE MICROPHONE, YOU MIGHT WANNA MOVE IT A LITTLE BIT CLOSER TO YOU.

AND WE HAVE FORMER BOARD MEMBER.

OH, SO YOU'RE BRINGING IN THE BIG GUNS.

IS THAT THE PROBLEM HERE? NO, NO, NO, NO, NO, NO, NO.

MY FRIEND TOO.

THAT WORKS.

SHE'S, SHE'S RUNNING THE SHOW HERE.

OKAY, GREAT.

SO NICE TO HAVE YOU BACK.

WE HAVEN'T MET YOU BEFORE AS THE BOARD, SO THERE WE GO.

SO WE'LL SEE.

WHAT WOULD I DO WITHOUT HER? TURNED IT ON.

GREAT.

YOU GOT FIVE MINUTES FOR YOUR, UH, PRESENTATION.

MY NAME IS SHANDAL AND THIS PROPERTY IS VERY SPECIAL TO ME.

I FOUND THIS BEAUTIFUL SMALL LOT TUCKED AWAY ON THE BACK OF A CREEK AND ON A DEAD END STREET,

[00:55:01]

SECONDS FROM THE CITY.

PERFECT.

I ORCHESTRATED THE ARCHITECTURAL PLAN OF A NEW HOUSE TO BE BUILT.

I DESIGNED THE FLOOR PLAN, I BUILT THE HOUSE AND NOW I'M HERE TRYING TO GET A VARIANCE.

WELL, IT JUST SEEMS LIKE TOO MUCH FOR A MOTHER TO DO.

YOU GUESSED IT.

THE OWNER'S, MY SON.

LET'S LOOK AT THE PHOTOS.

NUMBER ONE PHOTO, THE SUBJECT HOUSE.

OH, THE SUBJECT HOUSE IS HIGHLIGHTED HERE.

UH, RIGHT IN THE CENTER.

I DON'T, CAN YOU SEE THE HIGHLIGHT? IT'S RIGHT IN THE CENTER AND ON THE BACK OF THE HOUSE.

IT, THE VARIANCE IS A REQUEST TO MAKE THE EXISTING BALCONY INTO BEDROOM CONDITIONED SPACE NUMBER TWO.

UM, THIS IS A FRONT OF THE HOUSE Q RIGHT.

UM, NUMBER THREE, THIS IS THE REAR OF THE HOUSE.

IF YOU LOOK ON THE RIGHT HAND SIDE, UM, IT'S A ONE STORY RESIDENCE AND NO ONE IN THE ONE STORY RESIDENCE CAN SEE THE BALCONY ON THE, SORRY, ON THE RIGHT HAND SIDE.

THAT WAS THE LEFT.

ON THE, UH, RIGHT HAND SIDE IS A TWO STORY AND A THREE STORY ON THE SAME LOT.

VERY SMALL AMOUNT, UM, OF VISIBILITY FROM THERE TO THE BALCONY.

THIS IS, UM, NUMBER FOUR.

THIS IS A BACKYARD VIEW OF THE CREEK AND THE YEAR-ROUND GREEN.

SO FANTASTIC.

NUMBER FIVE.

THIS IS THE ONLY PART OF THE SECOND FLOOR BALCONY THAT THE NEIGHBOR CAN SEE.

IT'S ABOUT FIVE FEET.

FIRST OF ALL, I THINK THE GOOD NEWS ABOUT THIS VARIANCE IS THAT IT'S SIMPLY CHANGING AN ALREADY EXISTING BALCONY SPACE TO BEDROOM SPACE.

SECOND, THIS CHANGE CAN ONLY BE MINUTELY SEEN FROM JUST ONE NEIGHBOR.

THIRD, THIS REQUEST COMPLIES WITH ALL LDC SETBACK CODES.

THE FOOTPRINT OF THE HOUSE IS NOT BEING EXPANDED AT ALL.

FOURTH, THERE'S NO NATURE, NO HOME CHARACTERISTICS, NO NEIGHBORHOOD ALTERATIONS OR IMPACTS.

NOTHING THAT CHANGES REALLY ANYTHING IN THE NEIGHBORHOOD OR THE COMMUNITY.

D FIFTH CONDITIONING, CONDITIONING, THIS EXISTING SPACE FULLY COMPLIES WITH THE LDC CODE OF GROSS FLOOR AREA.

MAXIMUM 55%.

IN SUMMARY, MAKING THIS BALCONY SPACE INTO CONDITION SPACE IS WELL AFFORDABLE, A AFFORDABLE SOLUTION FOR THIS FAMILY'S NEEDS FOR MORE BEDROOM SPACE.

FOUR YEARS AGO THERE WERE A FAMILY OF TWO ADULTS.

NOW THEY'RE A FAMILY OF FIVE, THREE NEW CHILDREN.

IT ALSO KEEPS THEM IN THIS AMAZINGLY COVETED LIFESTYLE OF BEING ABLE TO WALK FIVE MINUTES TO THEIR OFFICE, FIVE MINUTES TO A BILINGUAL SCHOOL ON BOLDEN, SEVEN MINUTES TO BUTLER PARK PLAYGROUND.

AND LASTLY, AND VERY IMPORTANTLY, IT'S ONLY FIVE MINUTES STROLL ON FRIDAY NIGHT TO TERRY BLACKS.

OKAY, THANK YOU MA'AM.

IS THERE ANY OTHER SUPPORT YOU GOT? UM, I'VE, I I'M, I WILL SPEAK IN SUPPORT OF THIS.

UM, I WILL SAY THAT, UM, THE ADDITION IS NOT, IT'S IN THE BACK OF THE HOUSE.

IT'S IN, IT'S, AS YOU UNDERSTAND, WE'RE ENCLOSING A, UH, AN EXISTING BALCONY THAT'S ALREADY THERE.

THE FOOT, WE'RE NOT EXPENDING THE FOOTPRINT, THE IMPERVIOUS COVER, THE BUILDING, UH, BUILDING COVERAGE.

NONE OF NONE OF THAT IS CHANGING.

IT'S JUST, IT'S ALL HAPPENING ON THE SECOND FLOOR ABOVE THE GROUND.

AND I THINK I INCLUDED IN THE PACKET A, UH, SOME COMMUNICATION FROM THE, THE FLOODPLAIN PEOPLE.

AND THEY ARE AKAY WITH THIS BECAUSE IT'S, YOU KNOW, 15 FEET UP IN THE AIR.

THANK YOU MA'AM.

IS THERE ANY OPPOSITION? SEEING NONE, WE WILL NOW CLOSE THE PUBLIC COMMENT AND OPEN UP FOR QUESTIONS.

AND I HAVE A QUESTION.

I HAVE A QUESTION.

GO AHEAD, YOUNG LADY.

WITH EXEMPTIONS? THAT'S CORRECT.

SO THIS IS A SMALL LOT.

AND SO YOU ALREADY GOT THE MCMANSION 2300 SQUARE FEET

[01:00:02]

I I WAS NOT THE ARCHITECT FOR THE, OR THE HOUSE THAT'S THERE NOW.

I'M THE ARCHITECT FOR THE, UM, ADDITION.

BUT YOU, YOU ARE CORRECT.

FAR IS A LITTLE DIFFICULT FOR ME BECAUSE IT'S REALLY HARD TO PROVE HARDSHIP FOR FAR FROM, FROM MY PERSPECTIVE.

'CAUSE IT'S ABOUT MASSING.

WHILE I UNDERSTAND THIS ONE IS ON THE BACK OF THE HOUSE AND, AND DOES NOT ADD TO THE STRUCTURE.

UM, BUT YOU HAD SAID SOMETHING ABOUT THE LDC ALLOWING 55% MM-HMM .

WERE WOULD SAY MORE ABOUT THAT.

UM, WELL YOU CAN TALK ABOUT THAT.

BUT THE 55% IS, UH, WE ARE COMPLIANT WITH THE VARIANCE.

IN OTHER WORDS, TO, TO THE CURRENT SMALL LOT.

YOU, YOU KNOW, SO YOU'RE TALKING ABOUT IMPERVIOUS COVER, I CAN SHOW YOU WHERE THAT IS.

YOU'RE TALKING ABOUT IMPERVIOUS COVER, NOT FAR.

WE'RE TALKING ABOUT FAR, WE'RE TALKING ABOUT FAR.

THE STATUTE HAS BOTH THE REQUIREMENT THAT IT NOT BE GREATER THAN 55% FAR AND THE UNIT SIZE NOT BE GREATER THAN THE 2300.

SO SHE'S SAYING SHE'S COMPLIANT WITH THE, THAT PIECE, BUT SHE STILL NEEDS A VARIANT FOR THE OH THANKS.

VARIANCE FOR THE 2300 PIECE.

BUT THE, THE 0.55 FAR UM, ALLOWANCE HAS BEEN, UM, UH, I JUST HAD, THE WORD IN MY HEAD HAS BEEN ENDORSED BY THE CITY FOR, UM, A TWO UNIT DEVELOPMENT AND FOR CERTAIN SMALL LOT DEVELOPMENTS.

AND SO WE ARE HOPING TO, UM, BE ABLE TO TAKE ADVANTAGE OF THAT.

I SEE.

SO MY QUESTION IS ALONG THAT SAME LINE, BECAUSE I NOTICED THAT IT SAID THAT THE MAXIMUM UNIT SIZE WAS 2300 SQUARE FEET, BUT YET YOU WERE ALREADY EXCEEDING THE 2300 SQUARE FEET.

WAS THERE A VARIANCE FOR THAT? NO.

THERE, THE CURRENT HOUSE COMPLIES WITH, WITH THE OLD SUBCHAPTER F IT, IT, IT NOW UNDER THE SMALL LOT, WE ARE NOT, YOU CAN'T DO BOTH SUBCHAPTER F AND THE SMALL LOT AT THE SAME TIME.

SO JUST WHEN IT WAS PERMITTED, THERE WERE CERTAIN EXEMPTIONS THAT WERE ALLOWED UNDER SUBCHAPTER F AND IT CAME IN RIGHT AT 2300 SQUARE FEET WITH THOSE EXEMPTIONS.

AND NOW THE EXEMPTIONS GET ADDED BACK IN BECAUSE WE WERE ADVISED TO BE UNDER THE SMALL LOT PART OF THE CODE, WHICH WAS CAME, CAME ON BOARD, I DON'T KNOW, SOMETIME IN THE LAST COUPLE YEARS.

BUT YOU WERE OVER UNDER SUBCHAPTER F IS THAT NO, WE WERE COMPLIANT BECAUSE CERTAIN PORTIONS OF THE HOUSE WERE EXEMPTED CERTAIN.

SO THERE, OKAY.

I THAT'S SO YOU COULD TAKE ATTIC, YOU COULD TAKE BASEMENT, YOU COULD TAKE OKAY.

CARPORT GARAGE.

'CAUSE THAT'S WHY I WAS TRYING TO FIGURE OUT WHAT, RIGHT.

THAT'S WHERE I WAS.

THAT'S LIKE HOW DID WE GET HERE? YEAH, BECAUSE WHEN YOU, SO YEAH, ALL THOSE HAD TO KIND OF COME BACK IN.

SO YOU, YOU WENT FROM MCMANSION TO THIS OTHER SECTION.

IT'S, IT, WE GOT CAUGHT IN THE MIDDLE OF SOMETHING HERE THAT IT OKAY.

IT'S REALLY, I I WASN'T, I HAD NO IDEA WHEN I STARTED.

UM, OKAY.

INTERESTING.

YEAH, IT IS INTERESTING THAT THE, UH, THOSE TWO SENTENCES 0.55 AND THE, THE THEN THE LIMITING NEXT SENTENCE, FOUR RIGHT NEXT TO EACH OTHER AND, AND THEY'RE JUST CRASHING INTO EACH OTHER.

UM, SO IT'S, IT'S A, IT'S AN AND NOT A OR .

'CAUSE I STARTED DOING THE MATH AND I'M GOING, WAIT, THIS, THIS, WELL, I, I ACTUALLY LINKED AT THE PERMIT APPLICATION 2017 AND I WAS LIKE, HOW THE HELL DID YOU DO THIS? UHHUH UHHUH.

AND THEN I WAS LIKE, WELL WAIT, 'CAUSE WHAT? OKAY.

VARIATIONS HAVE MAYBE HAVE BEEN DONE SIMILAR.

ARE THERE ANY OTHER QUESTION? I MEAN I'S NO, GO AHEAD.

I'LL JUST ADD, I'M, I'LL ECHO BOARD MEMBER HAWTHORNE HERE THAT I'M NOT REALLY SEEING THE HARDSHIP.

I THINK THE WAY THE ORDINANCE IS WRITTEN, THEY DO PUT A CAP AT 2300.

THEY COULD HAVE LEFT THAT OFF IF THEY INTENDED FOR 55% TO BE SUFFICIENT.

AND I, I'M, I'M NOT THERE.

I HAD A QUESTION ON A SIMILAR POINT I WAS LOOKING AT THE HARDSHIP DOCUMENTATION ON THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE THE LOTS IN THE AREA HAVE NUMEROUS VARIATIONS.

I GUESS MY QUESTION WOULD BE, WHAT SORT OF VARIATIONS ARE THERE ON NEARBY PROPERTIES? HAS THIS BEEN DONE NEARBY AS WELL? THEY'RE ALL DIFFERENT SHAPES AND SIZES.

SOME ARE WIDER, SOME ARE LONGER, SOME ARE LARGER.

UM, THIS ONE IS BECAUSE IT BACKS UP TO THE CREEK OR IS ALL DIAGONAL.

UM, HAS KIND OF A, I GUESS I DON'T HAVE CONTEXT ON WHAT OTHER TYPES OF

[01:05:01]

WELL, SO YOU HAVE TO THINK ABOUT THIS ONE AND IT'S OVER HERE AND A LOT OF THE SUBDIVISIONS ARE REALLY OLD AND SOME OF THEM EVEN PREDATE THE CITY EXISTING.

AND SO YOU HAVE, UH, ALL KINDS OF, UH, DIFFERENT DIFFERING THINGS.

SO DID YOU MEET WITH THE NEIGHBORHOOD ASSOCIATION? JUST BECAUSE I, I KIND OF FEEL THAT WAY AND I, AND I HEAR VICE CHAIR KIND OF FEELS THAT WAY.

I'D LIKE TO MAKE A MOTION FOR POSTPONEMENT AND PERHAPS YOU CAN MEET WITH THE NEIGHBORHOOD ASSOCIATION.

SURE.

AND AS, UH, AND YOUR LOT SIZE VERSUS, AND HOW THE, YOU KNOW, 'CAUSE YOU ARE SWITCHING FROM MCMANSION TO THIS OTHER AND THAT, THAT REALLY JUST CONFUSED ME.

'CAUSE I WAS JUST LIKE, HOW IS IT THIS AND NOT THAT WHEN THE 2300 IS ALMOST MAGICALLY WHERE YOU'RE AT, WHICH WAS KIND OF INTERESTING JUST IN GENERAL.

UM, SO I DON'T KNOW IF ANYONE CAN SUPPORT MY POSTPONEMENT REQUEST.

ANY OTHER QUESTIONS? I'LL SECOND THAT.

OH, YOU'LL SECOND THAT.

SO I GOT A MOTION AND A SECOND FOR A POSTPONEMENT.

ANY OTHER QUESTIONS? OKAY.

SEEING NONE, I GUESS WE WILL, WE WILL TAKE UP AND VOTE ON THE POSTPONEMENT.

SO IN ORDER FOR YOU TO MAKE SURE, UH, CHECK WITH, UH, I GUESS IT'S, UH, POLAND AND GET WITH THOSE, UM, IT, IT'S NOT LIKE WE HAVEN'T HAD OTHER SMALL LOT ISSUES IN THAT AREA TOO.

SO IT IS QUITE COMMON.

SO POSTPONE TILL NOVEMBER 9TH.

UH, SO THAT POSTPONE IS TILL NOVEMBER 9TH.

IS THAT AN ACCEPTABLE DATE? I, I GUESS IT DEPENDS ON THE NEIGHBORHOOD ASSOCIATION AND WHEN THEY MEET AND, OKAY.

IF, IF THEY, IF THEY AREN'T AVAILABLE, THEN I, I'LL MAKE ANOTHER MOTION FOR ANOTHER DATE AND WE CAN OKAY.

SO WE WILL TAKE A VOTE ON THAT, ON THE POSTPONEMENT.

AND THAT WAS MADE BY, UH, BOARD MEMBER HAWTHORNE.

IT WAS SECONDED BY THE VICE-CHAIR, SIR.

THAT, DID YOU GET THAT MR. LANG? OKAY, GOOD.

SORRY, I DIDN'T, DIDN'T WANNA SCREW YOU UP HERE.

SO WE WILL DO AS, UH, BOARD MEMBER HAWTHORNES LIKES TO DO WITH, UH, LET'S CHANGE THIS UP A LITTLE BIT.

SO, UH, BOARD MEMBER POTE WHAT SAY YOU SIR? ON THE POSTPONEMENT? I WOULD SAY YES.

THANK YOU SIR.

UH, BOARD MEMBER OR CHAIR? VICE CHAIR SARAI? UM, I SAY YES AND JUST REALLY WORK ON BUILDING UP THAT, UM, THAT'S, UH, HARDSHIP.

YES, I AGREE WITH THAT.

UH, BOARD MEMBER ABDULLAH? YES.

UM, I THINK I'M JUST SAY IF, IF YOU CAN PUT THAT LIKE IN A ONE PAGER, UH, FOR ME, IT WOULD BE REALLY HELPFUL.

UH, BOARD MEMBER MEDINA AL? YES.

BOARD MEMBER VON OLIN? YES.

AND BOARD MEMBER L HARBOR? YES.

AND THEN MYSELF.

BOARD MEMBER BOWEN? YES.

ON THAT.

SO WE WILL SEE YOU BACK ON THE NINTH.

LET US KNOW IF THERE'S NOT AN ISSUE OKAY.

AND WE CAN DO THAT AGAIN.

APPRECIATE YOUR TIME.

ON WHETHER OR NOT YOU NEEDED AN ADDITIONAL REQUEST OTHER THAN TWO SIGNS? WE'RE CONFIDENT WE CAN HANDLE THAT AT, AT THE PERMITTING STAGE.

LET'S SEE, WHAT TIME IS 6 44.

OKAY, MOVING RIGHT ALONG.

OKAY, WE'RE GONNA MOVE ON TO OUR NEXT CASE, WHICH IS, UH, LET'S SEE, CASE NUMBER C 16 TO, UH, C 16 2 26 0 7.

UH, 6 2 0 WESTLAW LANE.

UH, MR. ANDERSON, THAT YOU COULD JOIN US THIS EVENING.

MR. CHAIR, DO YOU HAVE A PRESENTATION, SIR? YES, SIR.

MR. CHAIR, UH, MEMBERS OF THE BOARD, MY NAME IS DAVE.

MAY, MAY I ASK A QUESTION BEFORE HE GOES THROUGH.

SO THIS IS A FLAG LOT.

DID YOU DO THE CALCULATIONS FOR THE SIGN FACE AREA

[01:10:01]

SO WE COULD, I'M JUST SAYING YOUR FRONTAGE IS FRONTAGE, IS THIS THIS BIG? AND YOU ONLY GET SO MANY SQUARE FEET PER UNDERSTOOD.

IF YOU HAVE TO COME BACK, , I'M TELLING YOU RIGHT NOW, THIS FEE, I'M JUST TRYING TO SAVE YOU SOME WORDS IF YOU NEEDED TO LOOK AT THAT.

OR WE COULD TAKE THE NA NEXT CASE AND YOU CAN LOOK AT THAT.

'CAUSE IF YOU NEED ADDITIONAL OTHER THAN TWO, YOU'RE NOT POSTED THAT WAY.

UH, UNDERSTOOD.

LET ME CHECK.

THANK YOU FOR THAT.

LET ME CON, UH, CONVENE VERY QUICKLY WITH MY CLIENT.

I'M ALSO THE NEXT CASE, SO, OKAY, WELL THEN WE'LL, ONE MOMENT PLEASE.

JUST GET, I'LL BE VERY QUICK.

PARDON? OKAY.

I JUST WANNA MAKE SURE THAT YOU DON'T, I MEAN, YOU'D HAVE TO PAY AGAIN.

AND, AND FOR OUR STUDIO AUDIENCE PROBABLY NEED TO PAY ATTENTION WHEN IT COMES TO SIGNS AND FLAG LOTS.

THOSE ARE TWO KEY WORDS.

NOT THAT THERE'LL BE A TEST AFTER THIS, BUT MAKE SURE YOU UNDERSTAND WHAT A FLAGGED LOT IS.

SO, SIGN FACE AREA IS CALCULATED ON YOUR FRONTAGE FOR A FREESTANDING SIGN.

SO, AND THIS IS A SCENIC, SO IT'S VERY SMALL, BUT YOU ONLY WHEN YOU HAVE A FLAG LOT, SO YOU GOT A BIG LOT AND IT COMES OUT LIKE OKLAHOMA OR SOMETHING, THEN YOU ONLY GET TO COUNT THAT TOWARDS YOUR CALCULATION FOR THE SIGN.

I SEE WHERE THAT RIGHT OVER AND SCIENCE.

WELL, WE HAVE THE UT CLASS IN THE BACK.

THAT'S OUR STUDIO AUDIENCE THERE.

IT'S FOR REFERENCES OUR WAVE TO THE CROWD.

YEAH, THERE WE GO.

NO, WE'RE GLAD YOU'RE HERE.

THIS IS, UH, MS. HAWTHORNE, UH, MR. CHAIR.

UM, I WOULD RESPECTFULLY REQUEST, UH, TO BE MOVED TO THE ITEM AFTER THE, AFTER THE NEXT ITEM WHILE HE CALCULATE.

WHILE HE CALCULATES.

CAN WE JUST TABLE THIS ITEM THEN? YES, SIR.

UH, YES MA'AM.

WE CAN SURE.

TABLE THIS ITEM.

WE NEED TO, WE NEED TO HAVE A MOTION TO TABLE IT.

MOTION TO TABLE.

MOTION TO TABLE UNTIL THE NEXT CASE.

DO WE HAVE SECOND? SECOND? OKAY.

I HAVE A MOTION TO TABLE AND A SECOND.

WE NEED TO TAKE A VOTE ON THAT.

NO.

ALL THOSE IN FAVOR.

ARE THERE ANY OBJECTIONS TO TABLING THIS MATTER? SEEING NONE, THIS ITEM IS TABLED.

I'M LEARNING FROM SOMEBODY ELSE THAT I WATCH.

CAN YOU REPEAT THE MOTION PLEASE? WATCH ONCE IN A WHILE, SO, OKAY.

PARDON? CAN YOU REPEAT THE MOTION, PLEASE? IT WAS TO, TO TABLE THE ITEM UNTIL OUR NEXT ITEM IS COMPLETED.

GOT IT.

WHO SECOND IT? I'M SORRY.

UH, I THINK ABOUT HALF OF US DID, UH, BOARD MEMBER MCCLELLAN AND BOARD MEMBER HAWTHORNE.

NOT IN THAT ORDER.

CASE IS C 15 DASH 2 0 26 DASH 0 4 0 17 0 3 PASADENA DRIVE.

YOU READY SIR? LEMME CALL THIS NEXT CASE SINCE WE HAVE ONE TABLED.

OUR NEXT

[9. C15-2026-0040 David J. Anderson for Eric Joseph Exelbert & Jessica Lea Boyer 1703 Pasadena Drive]

UM, MR. ANDERSON, YOU'LL TRY THIS AGAIN.

OF A, AN APPROXIMATE 344 ADDITIONAL SQUARE FEET.

LET'S TRY THIS AGAIN.

MR. MR. CHAIR AND BOARD MEMBERS, MY NAME IS DAVE ANDERSON, REPRESENTING THE OWNERS OF 1703 PASADENA DRIVE.

AS YOU CAN SEE THESE, THIS IS, UM, A LOT ON A VERY, UH, CONSISTENT, UH, VERY, UM, UH, A A VERY CONSISTENT LOT SIZE, UH, SUBDIVISION ZONED SF THREE.

YOU CAN SEE THE EXISTING LAYOUT AS IS SHOWN ON YOUR SCREEN.

UM, FROM A SAFETY AND SECURITY PERSPECTIVE, UM, I THINK THAT, UH, A HOMEOWNER'S ABILITY, UH, TO PROVIDE, UH, SAFETY AND SECURITY, UM, FOR THEIR HOME, UM, IS PARAMOUNT WHEN THINKING ABOUT REASONABLE USE TO PROVIDE A SECURE AREA FOR VEHICLES AND BELONGINGS, UH, AND TO PROVIDE A SAFE ENVIRONMENT FOR FAMILY AND LOVED ONES.

SO LET'S TALK A LITTLE BIT ABOUT, UM, SUB CHAPTER F WHAT WE'RE HERE TO SEEK A VARIANCE FROM THE TOTAL FAR ALLOWED IS 29 59.

THE PROPOSED FAR IS 33 OH FEET.

33 0 3.

WE'RE LOOKING AT THE POSSIBILITY, UH, THE REQUEST

[01:15:01]

WHEN I WENT BACK AND LOOKED AT THIS, UH, AFTER WE WERE CONTACTED, UH, I WENT BACK, UM, AS MANY OF YOU WERE AROUND AS SUBCHAPTER F CAME, CAME, UH, CAME OUT AND, AND I LOOKED AT THE INTENT.

UH, THE INTENT.

UH, I SUMMARIZED IN FOUR BULLETS.

REGULATE, BUILDING, BULK AND SCALE, PROTECT NEIGHBORHOOD CHARACTER, MITIGATE ENVIRONMENTAL INFRASTRUCTURE IMPACTS AND PRESERVE LIGHT, AIR AND PRIVACY.

THE SCALE OF THE HOME IS CONSISTENT WITH THE NEIGHBORHOOD.

THE REQUEST IS FOR A MODEST 344 SQUARE FEET TO THE FAR.

THE BUILDING MASSING ISN'T CHANGED.

OTHER HOMES ON THE STREET AND IN THE NEIGHBORHOOD HAVE ENCLOSED GARAGE SPACE.

THE REQUEST DOES NOT CHANGE ALLOWABLE BUILDING FOOTPRINT, THUS IT DOES NOT IMPACT STORMWATER FLOWS.

UM, AND IT HAS NO IMPACT ON NEIGHBORING YARDS OR BLOCK ACCESS TO LIGHT AND AIR.

UH, THE NEIGHBORHOOD HAS ADOPTED THE CITY'S GARAGE PLACEMENT STANDARDS AND THE PROPOSED MOD WILL REMAIN CONSISTENT WITH THOSE REQUIREMENTS.

UH, THAT EXEMPTION WAS SUBSEQUENTLY ELIMINATED AS AN UNINTENDED CONSEQUENCE OF THE HOME INITIATIVE AMENDMENTS.

UM, THE REQUESTED VARIANCE WOULD ADDRESS THIS RECENT REGULATORY CHANGE WHILE ALLOWING A GARAGE DESIGN THAT REMAINS COMPATIBLE WITH THE SURROUNDING NEIGHBORHOOD AND CONSISTENT WITH THE INTENT OF GARAGE PLACEMENT STANDARDS.

SO, UM, AS I KNOW, UH, IS MOST IMPORTANT TO YOU, LET'S TALK ABOUT THE THRESHOLD VALUES FROM A REASONABLE USE PERSPECTIVE.

UM, THE INCREASE IN ALLOWED FAR WOULD ALLOW THE SECURE PROTECTION OF FAMILY'S PERSONAL PROPERTY AND VEHICLES FROM THEFT AND WEATHER.

UM, ENCLOSING EXISTING CARPORT GARAGE SPACE TO PROVIDE A FULLY ENCLOSED ONE CAR GARAGE IS A STANDARD REASONABLE RESIDENTIAL AMENITY AJOY BY SURROUNDING PROPERTIES.

UM, AND IT DOES NOT INTEND, DOES, DOES NOT CHANGE THE INTENT OF THE PROPERTY.

FROM A HARDSHIP PERSPECTIVE, THIS LOT IS A LITTLE BIT SMALLER THAN SURROUNDING LOTS ABOUT 400 SQUARE FEET.

AND THERE IS A 30 FOOT SETBACK ON THE EAST PROPERTY LINE, WHICH IS THE FRONT PROPERTY LINE STANDARD IS 25 FEET.

SO IF YOU DO SOME MATH, YOU'RE LOOKING AT, UH, 400 SQUARE FOOT, UH, REDUCTION IN LOT SIZE PLUS ABOUT 268 SQUARE FEET, UM, OF REDUCED LOT SIZE BASED ON THE INCREASE IN FRONT YARD SETBACK, THAT'S 668 SQUARE FEET.

UH, WE'RE ASKING FOR A MODEST 344 SQUARE FEET, WHICH IS 50, AROUND 50% OF, UH, THAT REDUCED AREA.

UM, AS I'VE DISCUSSED, PROPOSED DEVELOPMENT REMAINS RESIDENTIAL, IT'S COMPLIANT WITH OTHER DEVELOPMENT STANDARDS CONSISTENT WITH THE NEIGHBORHOOD, DOES NOT CHANGE BUILDING MASSING, UH, AND OTHER HOMES ON THE STREET AND IN THE NEIGHBORHOOD HAVE ENCLOSED GARAGES.

UH, WE HAVE SEVERAL, UM, LETTERS IN YOUR BACKUP OF, UH, FROM NEIGHBORS WHO HAVE SENT IN CORRESPONDENCE IN SUPPORT OF THE REQUEST.

UM, AND WITH THAT, I WILL END MY PRESENTATION.

THANK YOU, SIR.

IS THERE ANY OTHER SUPPORT FOR THIS? IS THERE ANY OPPOSITION? NOT SEEING ANY OPPOSITION? YES, THERE IS OPPOSITION.

I'M SORRY.

YES, THERE IS OPPOSITION.

OH, THERE IS.

IT LOOKS LIKE SHE'S ONLINE.

THAT'S RIGHT.

I'M SORRY.

IT WAS HERE ON MY THING.

AND IT HAS ONE SIDE THAT HAS, THEY'RE VERY CLOSE TOGETHER UNDER THE CODE, THE LAND USE CODE SUBSECTION F SECTION 3.3 GROWTH FLOOR AREA DEFINES A CARPORT AS HAVING TWO OPEN WALLS.

SO, UH, MS. PANTEL, ARE YOU ONLINE? YES.

CAN YOU HEAR, CAN YOU HEAR ME? YES, MA'AM.

MY NAME IS SUSAN PANTEL.

I LIVE AT 1 7 0 5 PASADENA DRIVE NEXT DOOR TO THE APPLICANT.

AND I AM OPPOSING THE VARIANCE REQUEST.

THE HOUSE WAS COMPLETED IN OCTOBER, 2025, AND THEN THAT, AT THAT TIME IT HAD A GARAGE.

WHAT IT HAS NOW, IT NEVER HAD A CAR PORTED.

IN JANUARY OF 2026, THE CONTRACTOR WAS ISSUED A VIOLATION NOTICE FOR ILLEGALLY CONVERTING A CARPORT TO A GARAGE.

THE REASON THAT THEY CLAIM THEY WERE BUILDING A CARPORT INSTEAD OF A GARAGE IS BECAUSE THEY'RE ENTITLED TO ADDITIONAL 450 SQUARE FEET UNDER THE ORDINANCE.

THE HOUSE IS THE FIRST OF ALL, THE GARAGE HAS A AUTOMATIC FRONT DOOR, GARAGE DOOR.

IT HAS TWO SOLID WALLS AND A SOLID ROOF.

[01:20:01]

AND THE OPEN WALLS NEED TO BE 80% OPEN.

SO ACCORDING TO THAT DEFINITION, THERE ARE NO OPEN WALLS ON, ON THIS GARAGE.

THE HOUSE IS VERY LARGE.

IT'S, UH, TWO STORIES, FIVE BEDROOMS, FOUR BATHROOMS, 3,800 SQUARE FEET IN TOTAL.

AND IF THEY WANTED TO BUILD A GARAGE, THEY COULD EASILY HAVE TAKEN THAT SQUARE FOOTAGE OUT OF THE LIVING AREA.

UH, THERE'S THE CLAIM THAT OTHER PEOPLE ON THE STREET HAVE A GARAGE.

ACTUALLY, MANY OF THE HOUSES ON THE STREET DON'T HAVE GARAGES, BUT THOSE THAT DO ARE IN COMPLIANCE WITH THE 40% BAR REQUIREMENTS.

THERE'S NO UNUSUAL PHYSICAL CONSTRAINT ON THE PROPERTY.

THE LAND IS FLAT.

THERE'S NOTHING THAT SHOULD REQUIRE A, A VARIANT.

THE HOUSE, AS I SAID IT QUITE LARGE, THE GARAGE IS APPROXIMATELY 14 FEET FROM MY BEDROOM WINDOW, AND THE ADDED MASS HAS ALREADY REDUCED THE AIRFLOW AND THE LIGHT TO THE HOUSE THAT I LIVE IN.

SO IF THEY WERE TO PUT CONCRETE ON THAT WALL THAT'S VERY CLOSE TO MY BEDROOM, THAT WOULD ADD ADDITIONAL MATH.

I CONTACTED THE, THE STAFF PERSON IN DEVELOPMENT SERVICES WHO'S RESPONSIBLE FOR REVIEWING THIS PERMIT APPLICATION.

AND HE TOLD ME THAT IF YOU DON'T APPROVE THE ADDITIONAL SQUARE FOOTAGE, THERE ARE STILL OPTIONS, UH, THAT HE CAN WORK WITH THE APPLICANT ON.

SO THEY MAY CLAIM THAT, YOU KNOW, YOU HAVE TO DO IT OR, OR, OR NOTHING, BUT THAT'S NOT THE CASE.

ACCORDING TO THE STAFF PERSON, THE THE HOUSE RECEIVED TWO ADDITIONAL EXEMPTIONS FROM THE MCMANSION ORDINANCE.

THE, THOSE TWO OTHER EXEMPTIONS WERE LEGAL, BUT INCLUDING THOSE TWO EXEMPTIONS AND THE GARAGE, THE TOTAL SQUARE FOOTAGE, THE TOTAL FAR COMES TO 52% OF THE EXISTING FAR IS NOT 40%, IT'S 52% BECAUSE OF THREE EXEMPTIONS, INCLUDING THE, INCLUDING THIS GARAGE.

PARADIS IS A LARGE COMPANY.

THEY'RE BUILDING HOUSES ALL OVER THE NEIGHBORHOOD, ALL OVER AUSTIN.

THEY KNOW WHAT THE RULES ARE, AND I DON'T BELIEVE THAT THIS WAS A MISTAKE THAT THEY UNINTENTIONALLY CLAIMED TO BE BUILDING A CARPORT AND THEN BUILT THE GARAGE.

I ENCOURAGE YOU NOT TO, NOT TO APPROVE THIS VARIANT AND NOT TO ENCOURAGE THIS TYPE OF BEHAVIOR FROM THE APPLICANTS.

THANK YOU, MA'AM.

AND I JUST WANNA SAY THERE ARE PHOTOS.

THERE ARE PHOTOS AND THE VIOLATION NOTICE, UH, WERE SUBMITTED AS ATTACHMENTS.

THANK YOU VERY MUCH, MA'AM.

SLIGHTLY SMALLER AND SLIGHTLY MORE CONSTRAINED SITE.

DO WE NEED, UM, YEAH, YOU DO YOU GET TO HAVE SOME TYPE OF REBUTTAL, SIR? YES.

GET TWO MINUTES FOR THAT.

THANK YOU, MR. CHAIR.

UM, WHAT I WOULD SAY IS, UH, TO THE, UM, TO THE NEIGHBOR THAT TALKED ABOUT SIZE OF THE HOME, UH, WE DID RECEIVE TWO EXISTING EXEMPTIONS AND ARE COMPLIANT WITH THOSE.

UH, I CANNOT SPEAK TO INTENT AT THIS TIME OF WHETHER, UH, THE BUILDER WAS INTENTIONAL, UH, IN, IN HOW THEY HANDLED, UH, THE DESIGN.

UH, YES, THERE'S A NOTICE OF VIOLATION.

THAT'S WHEN WE WERE CONTACTED.

THAT'S WHY WE ARE HERE.

UM, SO THERE'S NO TRYING TO HIDE THE BALL.

UM, WHAT I WOULD SAY AGAIN, IS THAT THERE IS AN ADDITIONAL, UH, FRONT YARD SETBACK THAT WE'RE TRYING TO COMPLY WITH.

AND THEN THE, THE SQUARE FOOTAGE OF THE LOT IS SLIGHTLY SMALLER THAN THOSE LOTS AROUND IT ON AVERAGE, UM, ACCORDING TO THE INFORMATION THAT, UH, I WAS PROVIDED.

SO, UM, WE DO HAVE A

[01:25:01]

UH, AND WHAT WE'RE ASKING TO DO, UH, IS, IS, IS SOMETHING THAT MANY OF THE HOMES IN THE NEIGHBORHOOD ARE ALLOWED TO DO.

ANY OTHER OPPOSITION SUPPORT? OKAY, THIS HEARING NONE, WE WILL NOW CLOSE THE PUBLIC HEARING AND OPEN IT UP FOR QUESTIONS.

ANY QUESTIONS? UH, I HAVE A QUESTION.

GO AHEAD, MA'AM.

UM, FOR THE APPLICANT'S, UM, CAN YOU CONFIRM THAT THE HOME WAS COMPLETED AT THE END OF 2025? IF YOU'LL GIVE ME A MOMENT TO LOOK AT MY NOTES.

OF COURSE.

THE PLAN REVIEW WAS IN 2025.

YEAH, SO, SO LIKELY THAT IS, I'M LOOKING, GO AHEAD.

THE REASON THAT I I ASK IS BECAUSE, YOU KNOW, ONE OF, ONE OF THE PIECES OF YOUR PRESENTATION, SO I'LL SAY I'M, I'M HAVING TROUBLE APPROVING THIS ONE.

UM, ESPECIALLY BECAUSE THE HOUSE WAS BUILT SO RECENTLY, AND I SORT OF AGREE WITH THE PERSON, UM, OPPOSING THE APPLICATION THAT THIS ALL COULD HAVE BEEN FIGURED IN, IN THE DESIGN WHEN IT WAS BUILT.

UM, THE ONE PIECE THAT HAD ME SORT OF LIKE, WELL, MAYBE THERE'S SOMETHING, THERE WAS YOUR STATEMENT THAT THE HOME ORDINANCE HAD INADVERTENTLY CHANGED SOMETHING, BUT THE HOME ORDINANCE WAS PASSED WELL BEFORE THIS BUILDING WAS COMPLETE.

SO, UM, I'M FINDING IT DIFFICULT TO, TO, UM, APPROVE THE APPLICATION.

SO THEY TOOK AWAY ONE OF THE EXEMPTIONS IN MCMANSION, IF NOT A COUPLE, WHEN THEY WERE CRAFTING HOME.

UH, ANY OTHER QUESTIONS? BOARD MEMBER ABDUL, UM, WAS THE SIGN THAT TALKED ABOUT THIS BOARD OF ADJUSTMENT AND, UM, THE NEIGHBORS CAN GIVE COMMENT EITHER FOR OR AGAINST IT.

WAS IT, UH, WASHED AWAY IN THE RAIN RECENTLY WHERE IT WASN'T THERE? IS THERE A CERTAIN TIME OF TYPE OF DAYS, I GUESS, DOES THAT QUESTION FOR STAFF, HOW LONG DOES THAT SIGN HAVE TO BE UP THERE? I MEAN, IT'S SUPPOSED TO BE UP TILL THE MEETING, BUT IF IT GETS BLOWN AWAY OR WHATEVER, IT'S UP, IT'S UP TO THE HOMEOWNER OR THE APPLICANT TO MAKE SURE AND REPOST IT.

BUT AS LONG AS WE POST IT, THAT'S ALL THAT MATTERS.

WE HAVE PROOF OF IT.

THAT'S WHAT COUNTS IS THAT IT WAS POSTED.

SO THERE'S NOT A TIMEFRAME.

I MEAN, IT'S POST TO STAY UP TO THE MEETING DATE, BUT WE CAN'T HELP IF NATURE TAKES ITS COURSE OR WHATEVER HAPPENS TO IT.

IS THAT CORRECT? LEGALLY? UM, IS THAT I WOULD ASK.

I MEAN, IT IS.

IS THERE A CASE LAW OR, UH, ABOUT THAT? WHAT WAS THE QUESTION AGAIN? THE SIGN.

THE SIGN.

IS THERE A CASE? WHAT DID YOU, WHAT WAS YOUR A CASE LAW OR PRECEDENT? YEAH, WE UPLOAD IT TO, UH, AMANDA.

SO IT'S ON THERE SHOWING THERE'S A PICTURE AND THE, I THINK THAT OPPOSITION SHOWED THAT IT WAS, UM, POSTED.

'CAUSE WE, WE UPLOADED TO THE SYSTEM SO THEY'RE ABLE TO SEE.

AND THAT NEIGHBOR TOOK A PICTURE OF IT AS WE HAD POSTED IT.

SO IT'S, IT WAS UP THERE, RIGHT.

NO, NO.

I WAS WONDERING, IS THERE LIKE ANY PRECEDENT OR CASE LAW THAT SAYS IT HAS TO BE UP FOR THE FULL TIME OR IS THERE NOT THAT NOT THAT I'M AWARE OF BOARD MEMBER, BUT I CAN CERTAINLY LOOK INTO IT.

SO IF IT WASHES AWAY AND STUFF, IT DOESN'T AFFECT THE, IT DOESN'T AFFECT THE VALIDITY OR THEY HAVE TO REPO, THEY HAVE TO RETAKE IT, UH, FOR ANOTHER AMOUNT OF TIME? NOT THAT I'M AWARE OF.

I BELIEVE IT, IT, THE MATTER IS IF IT WAS POSTED.

UM, I HAVE A QUESTION REGARDING, UM, WELL, IT, WHAT ABOUT THE, WHAT IS A SETBACK ISSUE THAT YOU'RE CURRENTLY DEALING WITH? THERE'S A RECORDED DOCUMENT THAT SAYS THE FRONT YARD SETBACK FOR THIS PROPERTY IS 30 FEET INSTEAD OF THE STANDARD 25.

AND WHAT, UH, THIS IS IN, IS THIS IN THE WEST AUSTIN NEIGHBORHOOD AREA? IT'S NOT.

I THINK IT'S THE NORTHERN FACING WALL IS ENCLOSED OR NOT AT THIS TIME.

SO, UM, YEAH, 'CAUSE I'VE GOT SOME, BECAUSE THE TWO STORY BASICALLY HAS BEEN BUILT AND NOW YOU'VE GOT, YOU'RE TRYING TO ENCLOSE THE GARAGE, BUT YOUR PERSON OR THE, UM, OPPOSITION SAID IT'S ALREADY, IT'S ALREADY BASICALLY ENCLOSED.

IT'S NOT A CARPORT, IT JUST, IT'S NOT OPEN ON TWO SIDES.

IS THAT CORRECT? GARAGE DOOR? MY UNDERSTANDING IS THE GARAGE DOOR HAS BEEN REMOVED.

WE HAVE BEEN IN CONTACT WITH THE, UM, CODE ENFORCEMENT FOLKS, UH, AND IN ORDER TO COME HERE AND HAVE THIS DISCUSSION WITH YOU, I DON'T KNOW WHETHER THE,

[01:30:02]

SO WE TOOK THINGS OFF IN ORDER TO COME HERE? NO, WE TOOK THINGS OFF WHEN WE GOT A NOTICE OF VIOLATION AND DISCUSSED THIS WITH, WITH THE CODE ENFORCEMENT OFFICER.

THAT'S MY UNDERSTANDING.

JUST, UH, JUST TRYING TO GET SOME CLARIFICATION.

ANY OTHER QUESTIONS? NOPE, I HAVE A QUESTION.

UM, I GUESS I'M JUST TRYING TO FOLLOW THE STORY OF WHAT'S CONSTRUCTED, WHAT'S NOT CONSTRUCTED.

SO WHAT WE'RE SEEING IN THE PACKET IS AN ENCLOSED SPACE WITH A GARAGE DOOR.

BUT WE'RE SEEING THAT THE GARAGE DOOR IS THE ONLY PIECE THAT'S BEEN REMOVED, BUT THE DOOR, THE WALLS HAVE BEEN BUILT UP.

UM, THE STUCCO WALLS THAT APPEAR TO BE PART OF THE HOUSE, IT'S, SO IT DOESN'T HAVE A POST LIKE A TYPICAL CARPORT? IS THAT WHAT I'M HEARING? RIGHT.

MY UNDERSTANDING IS THAT, UH, GOING BACK TO MY DISCUSSIONS WITH THE APPLICANT, MY UNDERSTANDING IS THAT THE, UH, ONE ENCLOSED WALL, UM, WHICH IS A WALL IN QUESTION, IS, IS CURRENTLY ENCLOSED.

THERE WAS A GARAGE DOOR THAT WAS ALSO, UH, INSTALLED.

THAT GARAGE DOOR HAS BEEN REMOVED AND ANY, UH, REMOVAL OF THAT WALL, UM, WE, WE, UM, WANTED TO COME AND HAVE THIS DISCUSSION WITH THE BOARD OF ADJUSTMENT BEFORE WE WOULD UNDERTAKE THAT EXPENSE.

AND WE'VE, LIKE, LIKE I SAID, WE'VE BEEN IN, IN CONTACT WITH CODE ENFORCEMENT, IT LET THEM KNOW WE WERE COMING HERE TO SEEK THIS RELIEF.

MR. CLEAR.

SO THE PHOTO THAT I'M SEEING IN THE OPPOSITION PACKET, WHICH, WHICH IS, WHICH I DON'T HAVE THE LATE BACKUP ON PAGE NINE OF 20, UM, THAT IS THE FRONT FACADE OF THE PROPERTY.

IS THAT RIGHT? I DON'T HAVE THE, SORRY.

IT'S OKAY.

I'M LOOKING, LEMME SEE IF I CAN FIND IT BECAUSE I DON'T SEE MANY PHOTOS OF THE FRONT FACADE IN THE APPLICATION THAT WAS SUBMITTED TO US FROM YOU GUYS.

SO I'M JUST LOOKING AT THE BACKUP AS REFERENCE AND THE GOOGLE MAP HAS THE YEAH, PRE, UH, SO LIKE PRIOR TO THE NEW CONSTRUCTION.

SO THAT'S THE ONLY INFORMATION I HAVE OF THE FRONT FACADE.

I'M HAPPY TO, TO, UH, GO BACK TO MY CLIENT AND, AND GET CLARIFICATION ON THAT, BUT I DON'T HAVE IT WITH ME AND I HAVE NOT SEEN THE OPPOSITIONS BACK UP.

GOTCHA.

I UNDERSTAND.

I GUESS, UH, NOT TO BEAT A DEAD HORSE, BUT THE PHOTO THAT I'M SEEING LOOKS LIKE IT DOESN'T LOOK LIKE A CARPORT.

IT LOOKS LIKE IT'S PART OF A HOME WITH THE GARAGE DOOR THERE.

AND I UNDERSTAND THE GARAGE DOOR HAS BEEN REMOVED, BUT FROM, WE ONLY SEE THE FRONT FACADE, SO I CAN'T TELL IF IT'S REALLY A POST IN THE FRONT OR IF IT'S LIKE A STUCCO WALL THAT CONTINUES ON THE SIDE.

SO I GUESS I WAS TRYING TO FIGURE OUT, UM, WHETHER THE INTENT WAS A CARPORT OR WHETHER IT WAS REALLY TO BE PART OF THE HOME.

UM, SO I GUESS THAT'S WHAT I WAS TRYING TO UNDERSTAND BECAUSE THE APPLICATION SAID IT WAS SUPPOSED TO BE A CARPORT.

UM, BUT, SO I GUESS I, THAT'S WHAT I'M TRYING TO FIGURE OUT AT THIS POINT.

UNFORTUNATELY, I DON'T HAVE INFORMATION, UH, RELATED TO THAT AT THIS TIME.

IF I MAY.

IT LOOKS LIKE I'M, I'M LOOKING AT THE PHOTO AND THE S SURVEY IN THE BACKUP, AND YOU CAN SEE THROUGH THE SIDEWALL, MEANING LIKE THERE IS NO SIDEWALL TO THE, UH, GARAGE, OR AT LEAST THERE WASN'T AT THE TIME OF THIS PHOTO.

BUT I'M GONNA, I'M GONNA MAKE A MOTION TO DENY, OH, SORRY BRIAN, I THOUGHT YOU WERE DONE.

I'LL SECOND THAT MOTION.

GO FOR IT.

TRYING TO GET TO YOU, MA'AM.

SO, ALL RIGHT.

I HAVE A MOTION ON THE TABLE TO DENY, AND I ALSO HAVE A SECOND ON THAT.

WE READY FOR A VOTE ON THAT? OKAY.

I HAVE A MOTION TO DENY BY VICE CHAIR ANI.

WE HAVE A SECOND BY BOARD MEMBER HAWTHORNE.

QUESTION? I MEAN, UH, JUST YOU CAN PROPOSE AN ALTERNATE MOTION, BUT I PROBABLY WOULDN'T VOTE FOR IT.

UM, CAN I MAKE A COMMENT CHAIR? YES, SIR.

CAN WE POSTPONE TO SEE, UM, GET ALL THE FACTS AND FIRM UP THAT

[01:35:01]

I DON'T THINK THE STATE OF THE CARPORT OR THE GARAGE ACTUALLY MATTERS.

WHAT MATTERS TO ME IS THAT THE HOUSE WAS BUILT AT THE END OF LAST YEAR AND THEY COULD HAVE DESIGNED IT TO COMPLY WITH THE CODE.

THERE'S NO HARDSHIP HERE.

AGREED.

IT'S, IT'S ALSO THE FACT THAT IF, IF OUR PREVIOUS, UH, UM, COMMISSIONER BRIAN KING WAS STILL UP HERE, OH, IT SAID THEY'RE PUTTING 10 POUNDS IN A FIVE POUND BAG.

THIS PROPERTY'S BEEN MAXED OUT.

IT HAD TWO EXEMPTIONS.

UH, THREE, THE EXISTENCE FAR IS ALREADY PUSHING IT OVER THE TOP.

I MEAN, THERE, GOING BACK TO WHAT COMMISSIONER HAWTHORNE SAID, PROVING A HARDSHIP FOR ADDITIONAL FAR IS REALLY, REALLY HARD.

IT'S REALLY, REALLY HARD.

I'M NOT SEEING IT IN THIS ONE.

I'M NOT SEEING ANY IN THE INFORMATION I GOT.

AND THEN AGAIN, OF COURSE, I ALWAYS HAVE A HEARTBURN, AS I STATED BEFORE, WHEN PEOPLE COME TO US AND THEY ALREADY BUILD SOMETHING, ESPECIALLY A BUILDER WHO KNOWS BETTER, WHO HAS ARCHITECTS AND ENGINEERS AND SHOULD KNOW THE PROCESS IN THE CITY OF AUSTIN, IF THEY'RE GONNA DO BUSINESS IN THE CITY OF AUSTIN, GOES AHEAD AND SOMETHING AND THEN COMES AND TRIES TO ASK FOR FORGIVENESS INSTEAD OF PERMISSION.

THAT IS, FOR THE LAST 20 PLUS YEARS I'VE BEEN SITTING ON THIS BOARD, IT DRIVES ME CRAZY.

AND SO I'VE BEEN SITTING ON MY HANDS OVER HERE LETTING EVERYBODY ELSE CHEW ON THIS ONE.

BUT I CAN'T GET THERE.

I JUST CAN'T.

IT'S, UH, I, I EXPRESSED THE SAME THING TO THE COUPLE THAT CAME UP FOR THEIR FENCE.

THEY HAD ALREADY BUILT IT.

I DO KNOW, AND I WAS ON THE BOARD WHEN WE PASSED THAT PREVIOUS FENCE, UH, VARIANCE.

AND I DO RECOGNIZE THE SAFETY ISSUE AND THAT'S, THAT'S THE ONLY REASON.

BUT I DID WANT TO LET THEM KNOW ALSO THAT THEY, THEY CUT IT REALLY CLOSE, RIGHT, RIGHT THERE FOR ME PERSONALLY AS A COMMISSIONER ON THIS BODY TO BE APPROVING THINGS AFTER PEOPLE HAVE ALREADY BUILT THEM.

AND IT'S, YOU KNOW, WE'RE ALL ADULTS UP HERE, AND THE, THE PEOPLE, THE APPLICANTS ARE ADULTS AND THEY NEED TO, THEY SHOULD KNOW BETTER BEFORE THEY COME.

THEY SHOULD DO DUE DILIGENCE JUST LIKE EVERYBODY ELSE DOES.

SO I WILL, I, EITHER WAY IT GOES.

IF YOU, IF YOU WANNA GO THE POSTPONEMENT, I PROBABLY WILL NOT SUPPORT THAT EITHER.

COMMISSIONER ABDUL, YOU KNOW, IT, I JUST, UH, ENOUGH IS ENOUGH.

SOMETIMES IT JUST, UH, IT JUST, IT GOES THERE.

WE'RE GOOD.

SO WE HAVE A MOTION TO DENY.

SECONDED, UH, WE WILL NOW RETAKE A VOTE ON THAT.

UM, WE'RE GONNA START WITH, UH, BOARD MEMBER POTE.

AGAIN, THIS IS ON THE MOTION TO DENY.

SO THAT WAS YES, SIR.

UH, BOARD MEMBER ABDULLAH? NO, NO.

ON THE POSTPONEMENT? I MEAN NO, NO.

ON THE DENIAL? CORRECT.

BOARD MEMBER HAWTHORNE? YES.

UH, BOARD MEMBER KIM? YES.

UH, BOARD MEMBER MEDINA AL? NO.

AND I DO WANNA ADD, UM, A QUESTION SLASH COMMENT.

WHAT WOULD THE ALTERNATIVE BE? UM, YOU KNOW, JUST TO HAVE THIS HOME WITHOUT A GARAGE ENCLOSURE AND HAVE THEM TAKE OUT WHAT LOOKED LIKE WOOD S SLIDING ON THE SIDE.

I KNOW WE HAVE ONE CONCERNED, OR A COUPLE OF CONCERNED NEIGHBORS.

WE ALSO HAVE A NEIGHBOR IN SUPPORT, AND I JUST WONDER LIKE WHAT OTHER NEIGHBORS WOULD, I MEAN, IT, IT JUST WOULD SEEM UNFINISHED.

UM, AND I DON'T KNOW THAT IT WOULD GO WITH, YOU KNOW, THE, THE CHARACTER OF THE SURROUNDING AREAS.

DETERMINED? UH, BOTH ON THE STREET AND IN THE NEIGHBORHOOD IN GENERAL? UH, I THINK, UH, YOU WOULD HAVE TO GO BACK TO, UH, AND BOARD MEMBERS, IF I'M MISSTATING, PLEASE CORRECT ME, BUT YOU'D HAVE TO GO BACK TO CONSTRUCTION DATES TO LOOK AT WHAT, UH, RULES WERE IN PLACE WHEN THOSE, UH, OTHER HOMES THAT MAY HAVE GARAGES FULLY ENCLOSED GARAGES IN A SIMILAR SITUATION WERE BUILT.

THANK YOU, MA'AM.

UH, BOARD MEMBER? A HUB? I DON'T KNOW.

CAN I ASK A QUESTION AT THE SURE.

UM, I THINK EARLIER, UH, YOU HAD BROUGHT UP SOMETHING ABOUT NEARBY PROPERTIES.

I GUESS THIS IS SORT OF WHAT, UH, SIMILAR TO THE COMMENT THAT WAS JUST MADE THAT ALSO HAD, UH, GARAGES.

I GUESS MY QUESTION IS LIKE, HOW IS THAT DETERMINED? HOW MANY NEARBY PROPERTIES, IS IT CONSIDERED LIKE A PLENTY OF PROPERTIES NEARBY? IS IT ON THE STREET OR IN THE NEIGHBORHOOD GENERALLY THAT ALSO HAVE GARAGES? LIKE HOW IS THAT

[01:40:01]

THAT'S A GOOD ANSWER.

? YES, MA'AM.

IT WAS INTERESTING.

WHEN I LOOKED AT THIS CASE, I WENT AND LOOKED ON GOOGLE JUST TO SEE, BECAUSE I LOOKED DOWN THE STREET AND EVERY ONE OF 'EM, EXCEPT FOR I THINK MAYBE TWO, WAS A RANCH HOUSE WITH A CARPORT, EVERY SINGLE ONE OF THEM IN A ROW.

AND WHEN I PULLED THIS UP, IT'S A ONE STORY RANCH HOUSE WITH A CARPORT.

SO THEN I KNEW WHEN I WAS READING THE APPLICATION, AND IT SAID TWO STORY, THAT IT WAS OBVIOUSLY A NEW BUILD.

SO THAT'S WHEN I WENT AND LOOKED AT THE PERMIT HISTORY.

SO DEPENDING ON WHEN GOOGLE DID THE PICTURE, IT SEEMED TO ME THAT A CARPORT WAS A GENERAL TO THE AREA FOR THOSE HOMES.

NOW THEY COULD ALL BE TORN DOWN AND THE LAST YEAR IT ALL BE BUILT, BUT THEY DIDN'T DESIGN THE IN AND IF IT WAS AMENITY IMPORTANT TO A BUYER, THEY MAXED IT OUT.

THEY TOOK EVERY EXEMPTION THAT THEY COULD.

SO DEPENDING ON THE AREA, YOU JUST HAVE TO DECIDE FOR YOURSELF.

SO WITH A VARIANCE, BECAUSE WE'RE SUPER MAJORITY BOARD, YOU HAVE TO HAVE NINE VOTES OUT OF 11 FOR SOMETHING TO PASS.

SO AT THE POINT WHERE YOU HAD TWO OR THREE THAT WERE NOT IN FAVOR, IT WAS, IT WAS OVER MS. IF I MAY, AM I, AM I RIGHT THAT WE NEED EIGHT RIGHT NOW BECAUSE WE HAVE A VACANCY AND EIGHT, WE NEED EIGHT HOURS.

TEN EIGHT, EIGHT OUTTA 10.

YES MA'AM.

YOU'RE, YOU'RE, UNLESS THEY'RE DOING THAT FOR THREE MEETINGS, HOLDOVER, AND THEN WE, WE DON'T HAVE EIGHT YET.

JUST BECAUSE, UM, THERE'S THAT HOLDOVER PERIOD.

THEY HAVE A THREE, THREE MEETING HOLDOVER.

SO WE'RE ACTUALLY STILL NINE UNTIL MAYBE NEXT MONTH OR THE MONTH AFTER.

AND THAT WAS GONNA BE MY QUESTION IS WHAT WAS THE LIMITATIONS ON THIS ONE? AND HE CAN COME AND ASK FOR RECONSIDERATION WITHIN 10 DAYS IF HE HAS ADDITIONAL MATERIAL OR FEELS LIKE THE BOARD AIRED.

I, MR. CHAIR, MAY I? YES, I HAVE A DISH.

UH, I HAVE NEW INFORMATION.

UM, OKAY, WELL I STILL GOT TWO OTHER VOTES TO TAKE.

YOU WANNA SAVE THAT FOR YOUR YEAH, BECAUSE YOU GOTTA HAVE NEW INFORMATION.

NINE VOTES IN ORDER FOR SOMETHING TO PASS.

I'M JUST SAYING IF YOU NEED NEW INFORMATION, YOU MIGHT CONSIDER THAT.

MR. ANDERSON.

AND IS THIS NEW INFORMATION BEING ABLE TO BE CHAIR? YOU'LL HAVE TO FINISH THE VOTE COUNT FIRST.

I'M SORRY, MA'AM.

YOU'LL HAVE TO FINISH THE VOTE COUNT.

THAT'S CORRECT.

WE NEED TO FINISH THE VOTE.

SO, SIR, YEAH, UH, I THINK, I THINK THAT KIND OF ANSWERED MY QUESTION, JUST BECAUSE THE OPPOSITION HAD SAID SOMETHING KIND OF DISPUTING.

THAT, SO I THINK THAT, SO ARE YOU IN FAVOR OF THE DENIAL OR AGAINST THE DENIAL AFTER HEARING THIS? I WOULD SAY YES.

YOU'RE AGAINST THE, I MEAN YOU'RE FOR THE DENIAL.

SO THAT IS A YES.

AND THE CHAIR ALSO GOES FOR THE DENIAL.

ON THE DENIAL AND BOARD MEMBER VON NOLAN? YES.

OH, I'M SORRY.

YES, YOU'RE RIGHT.

I FORGOT YOU YOUNG MAN.

SO YOU GET ME ALL SCREWED UP HERE ON THIS STUFF.

SO YES.

SO RIGHT NOW WE HAVE EIGHT, UH, FOR THE DENIAL AND TWO AGAINST, UH OH, HERE COMES LEGAL.

SO, BECAUSE TELL ME THAT STATE LAW AND THE BOARD'S RULES AND PROCEDURES ONLY REQUIRE A SUPER MAJORITY FOR APPROVAL.

APPROVAL OF A VARIANCE.

A SIMPLE MAJORITY VOTE IS LEGALLY SUFFICIENT TO DENY.

BECAUSE EFFECTIVELY, IF YOU WERE TO FLIP THIS TO A MOTION TO APPROVE, THERE WOULD NOT BE THE SUFFICIENT NUMBER OF VOTES REQUIRED TO ACHIEVE A SUPER MAJORITY.

CORRECT.

OKAY, THANK YOU, MA'AM.

APPRECIATE THAT.

SHE'S ON IT.

OKAY, SO THAT'S IT.

SO FAT LADY HAS SUNG, I'M SORRY, I SAID THE FAT LADY HAS SUNG.

SO YOU CAN ASK FOR RECONSIDERATION WITHIN THE NEXT 10 DAYS IF YOU HAVE NEW INFORMATION.

WE DO HAVE NEW INFORMATION OR FEEL THE BOARD HAS AIRED.

[01:45:02]

SORRY TO BREAK YOUR STRIDE.

AND YOU, NOW YOU'RE GONNA GO BACK TO YOUR SIGN.

I AM .

WHICH IS FROM A MOTION TO TABLE.

DO WE NEED, ANYBODY NEED A BREAK? SEVEN 20, TAKE A 10 MINUTE.

THIS IS THE LAST CASE.

THIS LAST CASE.

LET'S MARK IT.

I JUST, I WANTED TO ASK, OKAY.

SO, OKAY, NEXT CASE,

[8. C16-2026-0007 David J. Anderson for QT South, LLC 620 West Slaughter Lane]

THIS IS C 16 2 0 2 6 0 0 0 7 6 20, WEST SLAUGHTER LANE.

UH, MR. ANDERSON IS SPEAKING ON BEHALF OF THE APPLICANT.

YOU GO FOR IT.

POSTPONE.

WELCOME BACK, MR. HENDERSON.

IS IT JUST TWO, JUST TWO SIGNS WE UNDER? WE UNDERSTAND THAT, UH, SIZE LIMITATIONS MAY COME INTO PLAY BASED ON FRONTAGE, AND WE ARE, UH, IF WE NEED TO COME BACK AND, UM, ADDRESS THAT SEPARATELY, WE WILL DO SO.

THANK YOU VERY MUCH FOR THAT, UH, POINT OF POINT OF INFORMATION.

UH, THERE'S VISUAL SEPARATION.

SO ARE WE ASKING FOR A POSTPONEMENT? NO, NO.

WE'RE GONNA GO FORWARD.

WE'RE GONNA GO FORWARD OKAY.

WITH THE REQUEST HERE.

UH, AND IF WE NEED TO COME BACK, UH, FOR A VARIANCE ON SIGN SIZE, IF WE ARE SUCCESSFUL THIS EVENING AND NEED TO COME BACK ON A VARIANCE FOR SIGN SIZE, WE WILL DO SO.

UH, AND APPRECIATE THE BOARD'S, UH, UNDERSTANDING AND THEIR GUIDANCE ON THAT DIFFICULT ISSUE.

SO, UH, LET'S GET STARTED.

MY CLOCK JUST STARTED.

HERE IS THE PROPERTY ON SLAUGHTER.

UH, AND YOU'LL SEE SOUTH FIRST, UH, TO THE EAST.

THERE YOU'LL SEE THE FLAG LOT THAT, UH, UH, BOARD MEMBER, UH, HAWTHORNE, UH, DISCUSSED CLOSEUP OF THIS, OF, OF THE LOT.

UH, SO TWO ARTERIAL RATHER BUSY ROADS.

UH, AND WE'RE, UM, WE'RE LOOKING TO MAKE SURE THAT, UM, THE BUSINESS IS VISIBLE ZONING, UM, MAP AS SUCH.

UH, HERE IS THE PROPOSED SITE PLAN.

YOU'LL SEE QUICK TRIP INSIDE THE BLUE LOT LINE IN THE, UH, LOWER LEFT PORTION OF THE, UH, SLIDE.

YOU'LL SEE THE PROPOSED SIGN, UH, SIZE DIMENSIONS.

CURRENTLY WHAT WE ARE ASKING FOR IS A FREESTANDING SIGN ON SLAUGHTER.

AND BECAUSE WE HAVE AN ADDITIONAL, UM, UH, BUSY ROAD ON SOUTH FIRST, WE HAVE CREATED A FLAG LOT TO HELP ADDRESS THAT VISIBILITY ISSUE.

YOU'LL ALSO NOTICE IN THIS SLIDE SOME RATHER LARGE TREES IN THE LOT TO OUR EAST OR NORTHEAST, UM, THAT FURTHER PREVENT VISIBILITY.

SO, UH, THE REQUEST, AS I MENTIONED, UH, THE CODE STATES TWENTY FIVE TEN ONE TWENTY FOUR B STATES THAT ONE FREESTANDING SIGN IS PERMITTED ON A LOT.

WE'RE REQUESTING A VARIANCE FROM, UH, B, UH, TO, TO ALLOW, UM, TO PERMIT TWO FREESTANDING SIGNS ON A SINGLE LOT.

UH, OF PARTICULAR INTEREST, UH, HERE, UH, ARE THE LIMITS OF THE SCENIC ROADWAY OVERLAY, UH, FROM THE CITY'S GIS, UH, PER LDC 25 10 81 3 C.

UH, SO AS YOU CAN SEE, WE ARE OUTSIDE OF THE, UM, LIMITS OF THAT SCENIC ROADWAY OVERLAY.

UM, LOTS OF WORDS HERE.

UM, I'M GONNA SUMMARIZE, IF YOU HAVE QUESTIONS, I'M HAPPY TO ANSWER THEM.

SPECIAL PRIVILEGE, AS YOU KNOW, UH, SIGN VARIANCES HAVE DIFFERENT THRESHOLDS THAN OTHER BOARD OF ADJUSTMENT ZONING, UH, REQUESTS.

UH, I DON'T BELIEVE THAT WE HAVE ANY SPECIAL PRIVILEGE.

ONLY ONE SIGN LIES WITHIN THE SCENIC ROADWAY SIGN DISTRICT OVERLAY BOUNDARIES, UH, THE SAME REQUIREMENT

[01:50:01]

WE DO HAVE UNIQUE SITE CONSTRAINTS.

WE'RE ON TWO MAJOR ROADWAYS, UH, CONFIGURED IN A KIND OF A FUNKY WAY, AND WE HAVE APPRECIABLE VEGETATION IN BETWEEN.

SO THERE'S NO WAY TO SEE THE PROPERTY FROM, UH, FROM SOUTH FIRST, UM, GOING DOWN, UH, ENFORCEMENT OF THE REQUIREMENT PREVENTS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNAGE, DUAL FRONTAGE CONFIGURATION, LOT DEPTH, LOT CONFIGURATION, DENSE VEGETATION IN BETWEEN.

AND FROM AN OPERATIONAL SAFETY PERSPECTIVE, UM, WE HAVE MULTIPLE VEHICULAR INGRESS EGRESS POINTS THAT SERVE KIND OF HIGH SPEED TRAFFIC DE DEPENDING ON HOW YOU, UH, DEFINE HIGH SPEED.

SO WE FEEL THAT THIS IS AN APPROPRIATE, UM, SIGN PLACEMENT SCENARIO.

UH, GRANTING THE VARIANCE WILL NOT HAVE A SUBSTANTIALLY ADVERSE, UH, EFFECT ON NEIGHBORING PROPERTIES.

LOW PROFILE DESIGNS, THE SIGNS, AS THEY CURRENTLY ARE, ARE BELOW THE MINIMUM SIGN DIMENSIONS, BOTH IN HEIGHT AND AREA.

IF YOU THINK ABOUT SCENIC ROADWAYS.

WHAT WE'RE TRYING TO PREVENT FROM A CODE PERSPECTIVE IS THE PROLIFERATE PROLIFERATION OF SIGNS.

UH, AND WE HAVE, UH, VERY, UH, WE HAVE SIGNS THAT ARE, UH, SEPARATED SIGNIFICANTLY, UH, AND YOU CAN'T SEE EACH, UH, SIGN BECAUSE OF THE VEGETATION AND MATURE TREES.

UH, TWO OF THEM ARE HERITAGE TREES.

SO THERE'S, THOSE ARE NOT TREES THAT WE COULD JUST GO AND CUT DOWN.

UM, GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE PURPOSES OF THIS CHAPTER.

WE'RE PRESERVING THE VISUAL CHARACTER BECAUSE YOU CAN'T SEE TWO SIGNS AT THE SAME TIME.

UH, WE'RE COMPATIBLE, UH, THE PROPOSED LOW PROFILE MONUMENT SIGNS, UM, LIKE I SAID, THEY'RE BELOW THE MINIMUM AND HEIGHT AND SIZE AND I, I MENTIONED THE INTENT OF THE CODE THERE.

SO, UH, THERE'S NO SPECIAL PRIVILEGE.

IT PREVENTS A REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNAGE.

THE VARIANCE DOES NOT HAVE A SUBSTANTIALLY ADVERSE EFFECT AND DOES NOT SUBSTANTIALLY CONFLICT WITH THE PURPOSES OF THIS CHAPTER.

THANK YOU, SIR.

UH, IS THERE ANY SUPPORT OR OPPOSITION TO THIS CASE? NOT SEEING ANY.

WE WILL NOW CLOSE IT FOR PUBLIC COMMENT AND OPEN UP THE FLOOR FOR QUESTIONS.

MR. CHAIR? YES, SIR.

I, I'LL MAKE A MOTION TO APPROVE.

I'LL SECOND IT.

I HAVE A MOTION TO, TO APPROVE.

AND A SECOND.

WE HAVE A MOTION TO APPROVE BY BOARD MEMBER VON OLAND.

AND WE HAVE A SECOND BY BOARD MEMBER HAWTHORNE.

WE WILL READ THE MINUTES OR THE, OKAY.

THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THE ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON SITE CONSIDERING THE UNIQUE FEATURES, FEATURES OF THE SITE, SUCH AS DIMENSION LANDSCAPING, TOPOGRAPHY.

UH, AS THIS IS A VERY LARGE ROADWAY, YOU HAVE TWO ARTERIALS AND ANY WAY TO MANEUVER IN AND OUT OF THE SITE, PARTICULARLY TO GET TO THE TRAFFIC LIGHT.

IF YOU WERE GONNA TRY TO TAKE A LEFT OUT OF THAT ONE DRIVEWAY, YOU WOULD BE LOST.

I MEAN, UH, IT IS REALLY, UH, DEPENDING ON TRAFFIC, IT CAN BE VERY HIGH SPEED OR VERY NO SPEED.

UMING OF THE VARIANCE WOULD NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHERS SIMILARLY SITUATED OR POTENTIALLY SIM SIMILARLY SIT SITUATED AS THERE AREN'T VERY MANY FLAG LOTS IN THE AREA.

AND HAVING A VISUAL CONNECTION TO THE DRIVEWAY IN THE PROPOSED LOW SCALE SCENIC SIGN CRITERIA AS THE MAJORITY OF THE SIGN OF THE SITE IS IN THE SCENIC DISTRICT.

AND SO THEREFORE APPLIES.

I THINK THAT, UM, THE REQUEST IS, IS A MINIMAL REQUEST.

DE MINI DE MINIS DI MINIMUS.

THERE YOU GO.

IT'S DI MINIMIS THE END.

YOU HAVE THE MOTION, MS. ELAINE, YOU GOOD? OKAY.

DOUBLE CHECK THAT.

WE'LL NOW TAKE VOTE ON THAT.

WE'RE GOING TO START WITH, UH, BOARD MEMBER, UH, MEDINA AL? YES.

BOARD MEMBER MCCLELLAN? YES.

BOARD MEMBER ABDULLAH? YES.

UH, BOARD MEMBERS? UH,

[01:55:01]

VICE CHAIR STAN? YES.

UH, BOARD MEMBER POTI? YES.

BOARD MEMBER VON OLAND? YES.

AND CHAIR JEFF BOWEN? YES.

SO ONE OUTTA TWO, SIR.

THANK YOU, UH, BOARD MEMBERS, MR. CHAIR.

APPRECIATE IT.

ALL, SORRY TO RUIN YOUR STRIDE THERE AND FLIP YOU AROUND.

IT'S OKAY.

APPRECIATE THE, THE, UH, THE INFORMATION.

TO DO THE, UM, ACTIVITY REPORT.

ALRIGHT, LET'S GO THROUGH THIS PRETTY QUICK.

WE GOT OUR NOTICES.

UM, THE OTHER ITEMS THAT ARE ON OUR AGENDA, WHICH HAPPENS TO BE, UM, ITEM NUMBER 11, UH, OH, I GUESS WE NEED

[10. September 14, 2026, Board of Adjustment activity report]

UM, SHE DOES SUCH A FABULOUS JOB.

AND FOR THOSE THAT NEED TO UNDERSTAND IT, YOU NEED TO MAKE SURE YOU KEEP UP WITH THAT, THAT REPORT, BECAUSE AT THE END OF THE YEAR WHEN WE HAVE TO DO THIS, THEY'RE DOING SOMETHING DIFFERENT WITH THE REPORTS FOR THE OTHER PART, UH, FOR THE, UH, CLERK.

ITEM NUMBER 11, REPORT FROM THE WORKING GROUP ON THE OUTCOME OF THE BOARD OF ADJUSTMENTS DECISION ON KC 15 DASH 2 0 2 5 DASH 0 3 5 MAY DURING THE BOARD OF ADJUSTMENT MEETING ON NOVEMBER THE 10TH, SPECIFICALLY WITH SPECIFIC TO GUIDELINES GUIDANCE GIVEN TO THE STAFF REGARDING THE HABITABLE ATTIC AND HOW IT FIGURES INTO THE CALCULATIONS OF THE FAR IT'S BEEN OUT THERE.

[11. Report from working group on outcomes of BOA decision on Case No. C15-2025-0035 (made during BOA Meeting on November 10), specifically with respect to guidance given to staff regarding habitable attic space and how it figures into calculation of FAR.]

JUST TRYING TO FIGURE OUT SINCE, UH, BOARD MEMBER YATES IS NO LONGER WITH US, UM, ARE Y'ALL EVER GONNA REDO ANYTHING ON THIS? WHAT'S, UH, THE STATUS? YEAH, I THINK LAPS WE CHECKED IN, UM, THE FORMER CHAIR HAD BEEN SAYING THEY WERE LOOKING AT CHANGING SOME OF THE REGULATIONS AROUND THIS, SO WE HAD SORT OF PUT IT ON PAUSE, BUT THEN WE LOST THAT , I GUESS SHE HAD BEEN GOING TO THE, THE MEETINGS OF THE DEVELOPMENT BOARD.

SO I THINK WE'RE SORT OF IN A HOLDING PATTERN ON THIS UNLESS ANYONE FEELS STRONGLY ABOUT MEETING.

AGAIN, I'M OKAY TO DISSOLVE IT, BUT I KNOW, UM, BOARD MEMBER HOR AND BOARD MEMBER OR CHAIR BOWEN, YOU, YOU HAD BOTH BEEN INTERESTED IN IN MEETING ON THIS.

CORRECT? UH, I HAD SOME INTEREST ON THAT, BUT THEN AGAIN, IT WAS THE FACT THAT WE WERE TRYING TO TALK ABOUT THAT AND THEN WE WERE NEVER PART OF THE CONVERSATION TO FIGURE OUT WHAT WAS REALLY HAPPENING WITH THIS ENTIRE PROCESS.

SO, UM, DOES ANYBODY KNOW OF WHAT THEY'RE TRYING TO DO? YES MA'AM.

WE COULD JUST CHECK AND SEE WITH THE STAFF MEMBER FOR PLANNING COMMISSION CODES AND ORDINANCES AND JUST SEE IF IT'S, IF IT IS SOMETHING THAT THEY HAVE ON THE AGENDA.

UM, I'M, I, I HAVE NOT SEEN ANYTHING ON THEIR AGENDAS ON THAT.

AND TO BE VERY HONEST WITH EVERYBODY, UH, THE FACT OF ATTENDING A FEW OF THOSE MEETINGS OF JUST SITTING OVER IN THE CORNER LIKE SOMEBODY ELSE, UH, AND NOT BEING PART OF THE CONVERSATION OR HAVING ANY INPUT ON THE WHOLE PROCESS, THEY WERE KIND OF DOING THEIR OWN DEAL FAR WAS NEVER ON ANY OF THOSE ITEMS. BUT I DO CONTINUE TO WATCH ONE BECAUSE I GET THOSE.

BUT, UM, I CAN MAKE A POINT OF ASKING FORMER CHAIR, UH, COHEN IF, IF SHE KNOWS AND IF NOT, THEN I'M, I'M OKAY WITH TAKING IT OFF THE AGENDA AND PLACING IT BACK ON AS OPPOSED TO CARRYING IT OR WHATEVER.

WHATEVER YOU'RE COMFORTABLE WITH.

I MEAN, 'CAUSE TOMMY'S, TOMMY'S GONE.

THERE'S AN, THERE'S AN ELECTION IN NOVEMBER, WHO KNOWS WHO'S GONNA BE HERE.

DO WE REALLY WANNA CARRY YEAH, EXACTLY.

SO WE, SO THE ACTION WOULD BE EITHER TO TABLE OR TO WITHDRAW IT.

I'M ANYBODY, UH, UP FOR TABLING THIS SO MOVED.

WELL, WE JUST HAVE TO TAKE AN ACTION ON IT, WHETHER THAT'S TO MOVE IT TO THE FEBRUARY AGENDA OR SOMETHING, OR WE'D, WE'D HAVE TO.

WHAT'S GONNA, YOU KNOW, DO WE WANT TO KEEP THIS AS A TOPIC AND HAVE IT BE FOR THE FRESH NEW BOARD WHO WASN'T HERE FOR FIVE PAINFUL HOURS ON NOVEMBER 10TH, ? UM, OR DO WE WANT, YOU KNOW, IF THIS IS ALREADY WORKING THROUGH PLANNING COMMISSION THROUGH CO ORDINANCES, DO WE, DO WE NEED TO HAVE IT ON OUR AGENDA? NO, I THINK THOSE ARE GOOD POINTS.

AND AND JUST TO BE CLEAR, IT SOUNDS LIKE THERE'S A POSSIBILITY TO WITHDRAW FROM THE AGENDA ENTIRELY, AT LEAST FOR NOW, OR TO POSTPONE THE ITEM FOR THE FEBRUARY AGENDA.

IS THAT WHAT I'M HEARING? WELL, I, I'M JUST SAYING WE CAN'T, SO IT WAS A COMMITTEE, A WORKING GROUP, RIGHT.

AND THE PEOPLE ON THE WORKING GROUP, WE NOW LOST ONE, HE'S RESIGNED AND WE HAVE AN ELECTION NEXT MONTH.

WHO KNOWS

[02:00:01]

UH, BOARD MEMBER HAWTHORNE.

AND I THINK ULTIMATELY IT IS UP TO THE BOARD'S DISCRETION.

BUT YOU ALL CAN CHOOSE TO HAVE THIS ITEM WITHDRAWN OR REMOVED FROM THE AGENDA, AT LEAST UNTIL WE HAVE BETTER UNDERSTANDING OF WHAT THE NEW, WHAT THE BOARD'S COMPOSITION MIGHT LOOK LIKE, OR WHETHER PLANNING COMMISSION MIGHT TAKE SOME ACTION.

THAT MEANS YOU DON'T HAVE, SO I CAN REPORT BACK.

I, I MEAN, I'LL CALL JESSICA AND SEE IF SHE KNOWS IF IT WENT, YOU SAY IT HASN'T BEEN WHILE YOU WERE THERE, AND IF, IF NO, NOTHING'S HAPPENING AT THAT POINT ON THE NOVEMBER AGENDA, CAN WE MAKE A DECISION TO, TO ONE, ONE DIRECTION OR THE OTHER? IS THAT FAIR? ABSOLUTELY.

I THINK I'M GOOD WITH THAT FROM A LEGAL PERSPECTIVE.

TABLE IT UNTIL THE NOVEMBER AND, AND I HAVE NOT SEEN ANYTHING COME ACROSS THEIR AGENDAS BECAUSE I DO GET THOSE AGENDAS AND THERE HAS NOT BEEN ANY DISCUSSION OR I'LL ANY EVEN COMPLIMENT.

I'LL MAKE A POINT OF ASKING JESSICA.

SO WE HAVE A MOTION TO TABLE SECOND.

GOT A SECOND.

ANYBODY GOT A PROBLEM? THAT ALL IN FAVOR? ALL IN FAVOR? AYE.

THE ITEM IS NOW TABLED FOR THE TIME BEING.

DISCUSSION ON THE EXECUTIVE SESSION APPROVAL PROCESS AND THE NEED TO POST ON THE AGENDA IN ADVANCE OF SPECIFICS, .

MOVING ON TO NUMBER 12,

[12. Discussion on executive session approval process and the need to be posted on the agenda in advance with specifics]

SO TAKE IT AWAY, SIR.

UH, I DON'T KNOW WHERE WE ARE ON THAT.

WHEN WE WERE TALKING ABOUT THE, UH, EXECUTIVE, I KNOW WE WENT ROUND, WE, WE'VE TALKED ABOUT THIS A COUPLE OF TIMES AND I KNOW I WAS GONE LAST MONTH.

YOU WERE GONE THE MONTH BEFORE AND JUST TRYING TO MAKE SURE WE'RE, WE'RE BRINGING THIS UP.

UM, IT, I CAN GIVE AS TO WHERE WE ARE.

MAY, MAY I CHAIR? I THINK I OKAY.

THE RULES AND PROCEDURES.

UM, SO NO, THIS IS EXECUTIVE SESSION.

THE EXECUTIVE SESSION.

OH, YES SIR.

WE HAD, WE HAD THE CONVERSATIONS ABOUT, UH, BEING ABLE TO GO INTO EXECUTIVE SESSION.

WE HAD A PROBLEM WITH BEING ABLE TO HAVE, UH, SETTING EVERYTHING UP BECAUSE OF OUR, UH, YEAH.

HYBRID MEETINGS AND GOING FROM THERE.

AM I STILL ON THE KIND OF THE SAME QUEUE? I KNOW WE HAD A CONVERSATION ABOUT THIS ALSO.

AND I BELIEVE THAT I HAD LAW, WE HAD LAW HAD COME BACK OR I THINK IT WAS MYSELF.

YES, IT WAS MYSELF.

HELLO.

UM, I HAD COME BACK AND PROPOSED A, A SOLUTION THAT EVERYONE ON THE BOARD SEEMED TO BE IN AGREEMENT WITH, WHICH IS, IF WE HAVE, UH, IF WE KNOW THAT THERE'S AN APPEAL COMING DOWN.

'CAUSE I THINK THAT'S THE BIGGER CAUSE FOR CONCERN BECAUSE OF THE TIME CONSTRAINTS AND THE DEADLINE TO HEAR AN APPEAL, THEN AT THAT POINT WE'LL START MAKING PREPARATIONS TO MAKE SURE WE HAVE EVERYTHING READY FOR THE EXECUTIVE SESSION.

BUT IF IT'S FOR SOMETHING LIKE A, A VARIANCE WHERE WE CAN EASILY POSTPONE AND THERE'S A LOT MORE FLEXIBILITY THAN WE PROPOSE TO, TO POSTPONE.

BUT AGAIN, IT'S, IT'S TWO DIFFERENT WAYS OF HANDLING THE, THE TYPES OF CASES.

I THINK WE'VE RESOLVED THAT.

AND, AND I DID WATCH THAT, SO I APPRECIATE THAT.

UM, UM, MS. HERRERA, UM, AND, UM, THANK YOU CHAIR.

I, I KNOW IN THE OPEN MEETINGS ACT.

UM, AND THANK YOU FOR WORKING ON THAT.

I KNOW THAT WAS A LOT OF WORK FROM MS. RAMIREZ AND YOU, SO I APPRECIATE IT.

EVEN THAT SMALL, IT MIGHT BE EASY TO, YOU KNOW, SUGGEST IT, BUT IT'S MANY MAN HOURS OF ACTUALLY DOING IT, SO APPRECIATE THAT.

BUT I KNOW THE OPEN MEETINGS ACT, WE'RE ALLOWED TO TALK ABOUT THINGS THAT AREN'T FOR SCHEDULING PURPOSES.

WE'RE ALLOWED TO TALK ABOUT WHAT COULD BE MAYBE IN THE FUTURE.

I HAD MENTIONED IN, IN EMAIL TO BOTH CHAIR AND MR. HERRA THAT THE RULES AND PROCEDURES, THERE'S THIS ONE CHANGE I HAD SUGGESTED, UM, WHERE IT WOULDN'T ACTUALLY AFFECT THE, THE LENGTH OF IT.

THE CHAIR OR THE VICE CHAIR STILL HAS, UM, TOTAL LEEWAY ON HOW TO SHORTEN A MEETING OR ELONGATED, BUT NOT ALLOWING PEOPLE TO, UM, BE ABLE TO TAKE TIME IN AND HAVE PEOPLE SAY, OH, WHERE THE TIME IS COMING FROM.

I THOUGHT IT'D BE A LITTLE BIT MORE EQUAL TO ALLOW, UH, EVERYONE TO HAVE THEIR THREE MINUTES OR TWO MINUTES, OR ONE MINUTES OR NO MINUTES, WHATEVER THE CHAIR DECIDES TO KEEP IT GOING, BUT NOT ALLOW SOMEONE TO KIND OF LIKE HOARD TIME TO SPEAK IN THOSE INTERPRETATION, UH, EXCUSE ME, THOSE APPEAL CASES.

UM, AND SO, UH, MAYBE IN THE FUTURE WE CAN HAVE THAT ITEM CHAIR BECAUSE I THINK THAT WOULD BE A, THERE'S NOTHING IN THE OPEN MEETINGS ACT THAT REQUIRES THAT, THAT, I KNOW YOU SAID YOU'RE GONNA RESEARCH IT, BUT I KNOW OF NO, UH, ISSUE WHERE YOU HAVE TO GIVE, UH, ALLOW A DONATION FOR TIME FOR, UH, PUBLIC COMMENT.

AND SO ANYWAYS, I MAYBE THAT COMES OUT, UH, FOR A VOTE.

I THINK THAT'S THE MAJORITY VOTE.

I BELIEVE IT'S NOT SUPER MAJORITY.

UM, I, I THINK I, I SEE YOU EXPRESSION ON YOUR FACE.

I THINK HE'S TALKING ABOUT ITEM 12 ON ITEM 11 WHERE YOU WERE TALKING ABOUT THE EXECUTIVE SESSION.

[02:05:01]

SO WE COULD TAKE THAT OFF THE AGENDA NOW AT THIS POINT.

BECAUSE THE LIMITA WE'VE DISCUSSED THE LIMITATIONS.

I JUST WANNA MAKE SURE WE'RE SETTLED ON 12 BEFORE WE MOVE ON TO BINGO.

THAT'S, THAT FELT LIKE WE JUST, I THINK 12 WAS, WAS A GREAT COMPROMISE.

'CAUSE IT REALLY WAS ABOUT THE APPEAL CASE AND BEING ABLE TO ASK QUESTIONS AND HAVING SUPPORT WHEN WE COULDN'T POSTPONE IT.

WE WERE JUST, WE WE HAD TO GO.

AND, UH, SO THAT WAS THAT.

I'M, I WAS VERY HAPPY WITH THAT ANSWER.

YEAH, BECAUSE I WAS GETTING CONFUSED 'CAUSE WE WERE NEXT ON 13.

13, WHICH IS THE ONE ABOUT THE TIME LIMIT RULES AND PROCEDURES.

SO 12 WE CAN, SOME OF US HIGHLIGHTED 12 HAS BEEN MR. CHAIR.

YES, SIR.

I THINK 12.

WE CAN TAKE OFF THE AGENDA THEN.

EVERYBODY'S FINE WITH THAT.

OFF AS MELISSA SAYS.

CORRECT.

BECAUSE WE HAVE A PROCESS SET UP FOR APPEALS, WHATEVER THE CASE IS.

THERE YOU GO.

SO IS THERE ANY OBJECTION TO REMOVING THIS, UH, ITEM NUMBER 12, WHICH WAS TALKING ABOUT THE APPEALS? NO OBJECTION.

AGREE WITH COMMISSIONER ABDULLAH THAT IF THERE'S NOTHING THAT REALLY STATES THAT, YOU KNOW, PEOPLE CAN OR CANNOT, THEN I THINK WHAT WHERE YOU WERE GOING IS YOU WANTED TO LEAVE IT UP TO THE DISCRETION OF THE CHAIR AND THE VICE CHAIR.

SO BE IT.

THANK YOU MS. LAN.

THEN ON ITEM 13, I

[13. Discussion of changes to BOA rules and procedures to limit time for registered speakers]

WHERE WERE YOU GOING WITH THAT? SO I GAVE YOU GUYS DON'T KNOW THIS, BUT IT WOULD BE A QUORUM ISSUE.

BUT I GAVE A SAMPLE OF WHAT I WOULD YOU, YOU HAVE TO ACTUALLY JUST PUT NO IN THE, UH, THE, I DON'T KNOW IF YOU EVER GOT A CHANCE TO READ IT OR CHAIR GOT TO READ IT, BUT I, I, I SENT, SUBMITTED SOMETHING TO YOU WHERE, UM, IN APPEAL CASES, UH, THE APPELLANT DOESN'T GET TO GET DONATION AT TIME.

THE RESPONDENT DOES NOT GET DONATION OF TIME.

BUT THE PUBLIC WHO'S OPPOSER, UH, UH, UH, WHO'S FOR OR AGAINST IT HAS A DONATION OF TIME.

AND SO MY ONLY ISSUE IS TO MAKE IT MORE EQUAL TO TAKE THAT, UH, UH, UH, ABILITY TO DO, HAVE A DONATION OF TIME.

AND IT DOESN'T, IT DOESN'T, UH, CUT IN ANY WAY AGAINST THE CHAIR'S PREROGATIVE TO S SHORTEN THE MEETINGS.

LIKE SAYING, OKAY, WE ARE, IT'S GOING TOO LONG.

LET'S GO TWO MINUTES, ONE MINUTES OR NO MINUTES.

BUT WHAT IT DOES IS, I THINK MAKES IT A LITTLE BIT MORE EQUAL.

AND THERE'S NOTHING IN THE OPEN MEETINGS THAT NIGHT REQUIRES THAT AS WELL.

I KNOW YOU SAID YOU'RE GONNA RESEARCH IT, BUT I KNOW OF NO ISSUE, UH, THAT REQUIRES A DONATION OF TIME.

SO I, MY SUGGESTION IS I CAN GIVE YOU THE EXACT ONE.

I'VE EMAILED IT TO YOU BEFORE, BUT IT'S IT JUST PUTTING NO, AND IT COULD BE CHANGED AGAIN.

I MEAN, IF, IF ANOTHER BOARD, UH, GROUPING DECIDES THEY WANT TO ALLOW A DONATION OF TIME, IT JUST, I FELT IT WAS KIND OF WEIRD WHERE PEOPLE HAVE TO RAISE THEIR HAND, WHO'S DONATING TIME.

IT'S KIND OF UNFAIR.

SOMEONE COULD KIND OF POUR IT ALL THE TIME.

SO, SO WHAT I'LL SAY TO THAT BOARD MEMBER IS I WILL GET WITH MR. RAMIREZ SO THAT WE CAN PUT THIS ON NEXT MONTH'S AGENDA, BUT HAVE IT CRAFTED SO THAT YOU ALL CAN GIVE US DIRECTION TO MAKE THAT CHANGE.

BECAUSE TECHNICALLY WE'RE NOT POSTED FOR YOU ALL TO GIVE US THAT DIRECTION.

SO WE'LL COME BACK, WE'LL HAVE IT APPROPRIATELY WORDED, AND THEN WHEN YOU GIVE US THAT DIRECTION, WE CAN GO BACK AND LOOK AT, AT CRAFTING THAT.

UM, AND ALSO REACH OUT.

AND IF YOU COULD PLEASE JUST RESEND THE CHAIR AND I YOUR EMAIL SO THAT WE HAVE IT AT THE TOP OF OUR INBOX.

I THINK THAT WOULD BE HELPFUL AS WELL.

I'LL DO THAT.

AND WHAT IS THIS? THANK YOU.

WHAT IS THIS CURRENT STATUS? I KNOW BACK IN THE EIGHTIES AND THE NINETIES, UH, EARLY TWO THOUSANDS, CITY COUNCIL, THEY ALLOWED THE DONATION OF TIME.

DO THEY STILL ALLOW I HAVEN'T SPLIT IN FRONT OF PLANNING COMMISSION DOES.

SO DOES ZONING AND PLATTING.

I THINK THAT IT WAS KIND OF LIKE A THEME TOWARDS THE OTHER BOARDS, RIGHT? SO CURRENTLY, UH, AT COUNCIL YOU HAVE TO SIGN UP FOR THE AGENDA FOR THE, FOR THE ITEM.

YOU THEN HAVE TO GO THROUGH YOUR PROCESS OF, OF ACTUALLY FOR COUNCIL GOING IN AND DONATING TIME.

IT HAS TO BE ANNOTATED LOGGED.

AND THEN THAT YOU ARE ALLOWED TWO MINUTES UP TO A GRAND TOTAL FOR CITY COUNCIL.

I BELIEVE IT WAS SIX.

UM, AND PLANNING COMMISSIONS, DIFFERENT PLANNING COMMISSIONS A LITTLE BIT DIFFERENT, BUT THEY STILL HAVE ASKING FOR DONATIONS OF TIME AND ALSO FOR Z UH, ZONING AND PLANNING ALSO.

SO, SO BASICALLY THERE IS A FORMAT THAT IS THERE THAT CAN BE ADOPTED FOR THIS BODY AS WELL WITHOUT HAVING TO RECONSTRUCT A WHEEL.

CORRECT.

IF WE, IF WE WANTED TO GO INTO THAT, I THINK IT WOULD BE VERY EASILY TO ADOPT SOMETHING LIKE THAT IF WE NEEDED TO.

UM, BUT I HAVE A TENDENCY TO AGREE THAT SOME OF IT, AT LEAST IT NEEDS TO BE ANNOTATED AS TO WHO'S ACTUALLY AND MAKING SURE THAT THEY HAD SIGNED UP IN THAT PROCESS.

I KNOW THAT GETS TO BE KIND OF A PAIN, BUT THERE AGAIN, WE'RE, WE'RE ABLE TO HAVE PEOPLE SIGN UP AT THIS POINT RIGHT HERE.

WELL, AND ALSO AN APPEAL, I MEAN, 'CAUSE WE'RE PRETTY MUCH TALKING ABOUT THE APPEAL.

'CAUSE WE, WE HAD, WE HAD A LONG CASE AND YOU JUST HAVE TO IMAGINE FOR SOMEBODY TO APPEAL HOW MAD THEY HAVE TO BE .

WELL, THOSE ARE THEY

[02:10:01]

I'M SORRY, GO AHEAD.

I'M JUST SAYING, I MEAN, AND WE DON'T USUALLY GET THAT MANY.

I MEAN, OTHER THAN THE LAKE CASES WHERE, YOU KNOW, PEOPLE WHO LIVE IN GLASS HOUSES LIKE TO THROW ROCKS AT EACH OTHER.

UM, I'M JUST SAYING.

HMM.

OVER THE FENCE.

YEAH, OVER THE FENCE.

AND THEN THEY'RE NON-COMPLIANT FENCE ON THE OTHER SIDE.

YOU KNOW THAT ONE.

UH, BUT I'M JUST SAYING AN APPEAL IS, IS TOTALLY DIFFERENT FORMAT.

AND THE BOARD OF ADJUSTMENT, THE REGULAR HEARINGS FOR VARIANCE CASES ARE SET.

IT'S, IT'S FIVE, FIVE AND TWO.

I MEAN, AND YOU DON'T, YOU DON'T HAVE TO GIVE ANYBODY ELSE OVER THE FIVE MINUTES.

AND I KNOW WE'RE NOT SCHEDULED.

WE'RE NOT SCHEDULED.

BUT PRE, PRE PRE BRIEFLY.

WE'RE DISCUSSING.

WE'RE DISCUSSING, YEAH.

DISCUSS THE, WE'RE DISCUSSING THE ITEM.

BUT, UH, THE, UH, SO WHAT YOU JUST SAID, UH, UH, IN THE RULES OF BOARD AND PROCEDURE, UH, BOARD MEMBER HAWTHORNE IS EXACTLY WHAT, UH, APPELLANTS AND RESPONDENTS ARE NOT ALLOWED DONATION OF TIME UNDER THE RULES AND PROCEDURES.

RIGHT NOW, THE ONLY PEOPLE WHO ARE ALLOWED DONATION OF TIME ARE THE PUBLIC, UH, MEMBERS WHO ARE FOR AND AGAINST IT.

AND SO I WAS SUGGESTING THAT IT SAYS NO, IT ACTUALLY SAYS NO DONATION OF TIME ALLOWED FOR APPELLANTS, NO DONATION, ALLOWED TIME FOR RESPONDENTS.

AND NOW IT SAYS A DONATION OF TIME IS ALLOWED FOR THE PUBLIC.

AND SO, I WAS JUST GONNA PUT THE WORD NO.

AND O SO IN THE FUTURE, IF SOMEONE, THAT'S MY SUGGESTION, I, I MAY NOT GET THE VOTES, BUT THE, IN THE FUTURE THEY CAN JUST TAKE OUT THAT NO, AGAIN, AND ONCE AGAIN, THE PUBLIC CAN GET DONATION OF TIME.

COMMENTS? GO AHEAD MA'AM.

NOT AT, NOT AT THIS TIME.

SO DO WE WANT TO DEAL WITH THIS ONE LAST THING? I WAS SAY SORRY FOR I APOLOGIZE TO EVERYBODY.

NO, NO.

EXCEPT THE ROOKIE.

'CAUSE YOU'RE NEW.

UH, UM, I, HE'S A LITTLE BIT HAZING HERE.

UH, UM, IS, I KNOW EVERYONE HAS A LOT OF STUFF ON THEIR PLATE.

IS, UM, THIS IS TO, UH, MS. RAMIREZ AND, UH, DIANE RAMIREZ AND IT, AND ALSO YOU, MS. HERRERA AND MS. LOPEZ.

IS THERE ANYTHING IN THE RULES AND PROCEDURES THAT WILL MAKE YOUR LIFE EASIER THAT WE COULD PUT IN THERE OR MAKE YOUR JOB MORE EFFICIENT OR EFFECTIVE? UM, I THINK, YOU KNOW, YOU GUYS CAN THINK, YOU THREE COULD THINK ABOUT THAT OR YOUR TEAMS COULD THINK ABOUT THAT.

BUT THAT ALSO WOULD BE, UH, HELPFUL FOR ME AT LEAST.

I DON'T, AGAIN, I'M JUST ONE OF 11, UH, TO MAYBE VOTE AND PUT IT, PUT THAT IN.

SO IF YOU HAVE LANGUAGE, UH, THIS WAS A SMALL CHANGE.

IF THIS EVEN GETS APPROVED, IT'S JUST PUTTING AN NO IN THERE.

BUT THAT MIGHT BE A NEW SECTION OR A NEW THING AND I CAN, UH, WHATEVER THE CHAIR, UM, UM, WANT, WANTS, UH, ANY OF US TO DO.

I CAN HELP WITH THAT AND STUFF.

BUT, UH, PUTTING DOWN THE RULES AND PROCEDURES THAT MAKES YOUR LIFE EASIER, I, I WOULD BE, UH, SUPPORTIVE OF THAT.

I'M JUST LOOKING FOR, FOR THE 11TH PERSON TONIGHT, SO THAT THAT'S OKAY.

GOOD.

ANY OTHER ISSUES WITH THAT? OKAY.

SO WE'RE GONNA KIND OF COME UP WITH A COUPLE IDEAS ON THAT.

ALRIGHT, GREAT.

AND THE LAST ONE, ITEM 14.

SO WE'RE TABLING THAT TILL NOVEMBER 9TH.

ARE WE TABLING THIS ONE? ARE WE MOVING IT TO THE NOVEMBER 9TH AGENDA? PARDON? LET'S HAVING A HARD TIME HEARING YOU, ELAINE.

ARE, ARE WE MOVING THIS ITEM TO THE NOVEMBER 9TH AGENDA? YES, PLEASE.

PLEASE.

IT'S PROBABLY GONNA CHANGE TO LIKE DISCUSSION AND ACTION.

BUT NO, THANK YOU FOR THE CONVERSATION.

'CAUSE IT, IT'S, THAT MAKES IT VERY GOOD.

UH, 14 TO DISCUSSING A DISCUSSION REGARDING CONDITIONS OF APPROVAL AND VARIANCES REQUESTS, WHICH MAY INCLUDE REFERENCES TO PLANS, DRAWINGS, AND SERVE OR SURVEYS.

LAST ITEM IS,

[14. Discussion regarding conditions of approval of variance requests, which may include reference to plans, drawings, or surveys]

SO I APPRECIATE THE OPPORTUNITY TO GET SOME CLARIFICATION FROM STAFF.

UM, I DO WANT TO SHARE THOUGH THAT WHEN, UH, MS. LOPEZ AND I LOOKED AT SOME OF THE PAST MEETING MINUTES, IT ACTUALLY LOOKS LIKE THE BOARD HAS IN FACT TIED SOME OF THEIR VARIANCES TO PLANS OR TO SOMETHING IN THE BACKUP.

SO IT'S NOT ANYTHING NEW, BUT ESSENTIALLY WHAT STAFF IS REQUESTING IS THAT WHENEVER THE BOARD APPROVES A VARIANCE, AND I KNOW EVERY CASE IS DIFFERENT, SO THIS WOULD BE CASE DEPENDENT.

UM, CAN THE BOARD TIE ITS APPROVAL TO SOME KIND OF PLAN OR A SURVEY EXHIBIT THAT'S BEEN SUBMITTED, UM, BY THE APPLICANT AS PART OF ITS OF ITS APPROVAL OF THAT, THAT REQUEST? UM, I THINK THE MAIN THINGS THAT STAFF POINTED OUT WAS, NUMBER ONE, IT DOES GIVE THEM SOME TYPE OF VISUALIZATION, ESPECIALLY WHEN SOMETIMES IT'S MAYBE NOT ALWAYS AS CLEAR WHERE THE VARIANCE APPLIES OR, OR THE LENGTH OR THEY WANNA BE ABLE TO SEE IT.

APPARENTLY SOMETIMES, UM, REVIEWERS WILL SEE SLIGHT VARIATIONS BETWEEN WHAT'S BEEN APPROVED VERSUS WHAT THE APPLICANTS SUBMIT.

AND SO THEY'RE TRYING TO CATCH THESE DISCREPANCIES AT LEAST TO ASK QUESTIONS AND MAKE SURE THEY'RE, THEY'RE IN LINE WITH WHATEVER THE BOARD HAS APPROVED.

UM, AND SO THAT CAN HELP THEM AGAIN, RESOLVE SOME OF THESE DISCREPANCIES.

AND NUMBER TWO, IT ALSO HELPS STAFF DETERMINE WHETHER AN APPROVED VARIANCE ACTUALLY TIES INTO THE PROPOSED SCOPE OF WORK THAT

[02:15:01]

THE APPLICANT IS APPLYING FOR AT THE TIME OF PLAN REVIEW.

UH, AGAIN, STAFF WANTED TO EMPHASIZE, SOMETIMES IT'S VERY SIMPLE, SOMETIMES IT'S VERY STRAIGHTFORWARD AND THEY CAN SEE, OKAY, THIS IS WHAT THE BOARD GRANTED, THIS IS WHAT THE APPLICANT'S NOW SHOWING ME AT PLAN REVIEW.

NO QUESTIONS.

UM, BUT OTHER TIMES IT'S LESS CLEAR.

SO AGAIN, IT, IT JUST GOES BACK TO HELP US SEE WHAT YOU'RE SEEING AT THE TIME THAT YOU'RE APPROVING THIS, THIS REQUEST.

AND AGAIN, I DO WANNA EMPHASIZE THAT STAFF RECOGNIZES THIS ISN'T GONNA BE APPLICABLE IN EVERY CASE.

I THINK A LOT OF THE CASES THAT WE SAW THIS EVENING, FOR EXAMPLE, THINGS HAVE EITHER ALREADY BEEN BUILT OR MAYBE IT'S JUST VERY STRAIGHTFORWARD AND YOU CAN SEE IT.

BUT THERE MIGHT BE THOSE CASES WHERE THEY WOULD ASK, PLEASE USE YOUR DISCRETION AND MAYBE TIE IT TO SOMETHING WHERE YOU CAN, ONE OF THE THINGS THAT I THINK WOULD PROBABLY HELP, AND THIS IS FOR ALL OF OUR MEMBERS, UH, CURRENT AND NEW MEMBERS, IS WHEN WE DO MAKE THAT SORT OF, UH, CONDITION, NORMALLY WHEN, WHAT I CAN SPEAK FOR MYSELF PERSONALLY, WHAT I TRY TO DO IS IF I'M GONNA REFERENCE A PAGE, I'LL TAKE THAT PAGE OUT, I'LL MARK IT, AND THEN GIVE IT TO STAFF NOW.

AND ELAINE, I DON'T KNOW IF THAT WORKS WELL FOR YOU.

UH, BECAUSE REALLY THAT'S THE ONLY WAY THAT I SEE THAT ANY, ANY CONDITION THAT I MAY MAKE THAT IS REFERRED TO AN ITEM PAGE, WHATEVER IT MAY BE IN OUR PACKET, THE ONLY WAY THAT I CAN SEE IT GETTING BACK UP THE CHAIN TO REVIEW IS BY TRYING TO GIVE THAT TO, TO, UH, ELAINE OR DIANE.

THAT ABSOLUTELY WORKS LIKE THAT WORKS FOR US.

SO WE CAN, YES.

SO WHAT I WAS GONNA SUGGEST IS FOR, FOR US, THIS IS ON US NOW, WE SHOULD TAKE THAT RESPONSIBILITY.

IF WE'RE GONNA REFERENCE A PAGE, JUST TAKE THE PAGE OUTTA YOUR PACKET, OR IF YOU'RE AT HOME, PRINT IT AND BRING IT.

AND THEN THAT WAY WE CAN GIVE IT TO STAFF, AND STAFF CAN TAKE IT UP THE CHANNEL TO GIVE BACK TO.

SO THERE'S CLARIFICATION.

IT, IT GETS A LITTLE HARDER WHEN WE'RE, WHEN WE'RE CONDITIONING SOMETHING THAT REALLY THERE ISN'T A REFERENCE, A, A DRAWING OR A PLAN SET OR A SURVEY.

THAT'S WHEN IT GETS A LITTLE BIT HARDER.

BUT THEN IT'S ALSO, AGAIN, IT'S INCUMBENT UPON US AS THE COMMISSIONERS ON THIS BODY TO MAKE SURE THAT WHEN WE DO, UH, PRESENT THAT IT'S NOTHING TO TAKE AND WRITE IT ON THE BACK OF A PAGE.

I ALWAYS PRINT MY AGENDA OUT MYSELF ANYHOW, SO THAT I CAN TAKE NOTES AND, AND THEN PRESENT THAT TO ELAINE OR DIANA SO THAT THEY CAN GET IT.

AND I THINK THAT THAT WOULD PROBABLY HELP SOME OF THE, ALLEVIATE SOME, ALLEVIATE SOME OF THE, UH, CONFUSION WHEN WE'RE, WHEN WE'RE PUTTING CONDITIONS.

AND I, AND I WILL JUST QUICKLY ADD TO THAT FOR PURPOSES OF THE RECORD, BECAUSE WE ARE, WE DO HAVE AN ORAL RECORD AS WELL, UM, ANNOUNCING TO PAGE NU I THINK WE HAVE IT, THE PAGE NUMBER, CORRECT? YES.

WE REFERENCE THE PAGE.

REFERENCING THE PAGE NUMBER.

MM-HMM .

ARE, ARE WE TALKING WHEN WE'RE, WHEN YOU'RE SAYING WHEN STAFF IS SAYING THEY WANT US TO REFERENCE A DOCUMENT, DO YOU MEAN, I KNOW YOU SAID NOT EVERY TIME, BUT DO YOU MEAN IN GENERAL OR DO YOU MEAN ONLY WHEN WE'RE IMPOSING CONDITIONS ON THE APPROVAL? SO MY UNDERSTANDING IS THAT IT'S, IT'S KIND OF IN BOTH SITUATIONS.

SO, UM, AS A PER, AS A PERSON THAT OFTEN GETS A PHONE CALL EVERY NOW AND AGAIN, THAT GOES, YOU KNOW, THAT VARIANCE THAT WE, WHAT, YOU KNOW, 'CAUSE UH, SADLY, I REMEMBER I WASN'T GONNA NAME NAMES, YOU KNOW, I WASN'T GONNA, BUT YOU KNOW, OCCASIONALLY WE GET A VARIANCE WHERE WE'RE NOT DESIGNING IT FOR SOMEONE, WE'RE GIVING 'EM A PARAMETER.

AND SO THERE'S NOT GONNA BE A PAGE NUMBER THAT'S TRUE.

IT'S JUST SIMPLY GONNA BE, YOU KNOW, THE WEST WALL SETBACK, BLAH, BLAH, YOU KNOW, OR SOMETHING LIKE THAT.

WATER COLLECTIONS, YOU KNOW, WE'VE HAD, OR, UH, SO I, I THINK THAT WE CAN TRY TO REFERENCE IT.

UM, BUT ON OCCASION WE'RE GIVING THEM A BOX TO WORK WITH SO THAT THEY CAN DESIGN THEIR DREAM WHATEVER IN THE BOX.

SO WITHOUT TOO MUCH, RIGHT.

WITHOUT GETTING OVERLY PICKY, YOU KNOW, BUT WE HAVE APPROVED THINGS THAT THEN PEOPLE TURN IN A PLAN REVIEW AND THEY'RE NOT EVEN REMOTELY WHAT WE LOOKED AT.

AND SO I THINK WE'RE TRYING TO AVOID THAT, BUT WE, WE ARE TRYING TO NOT BE THE ARCHITECT AT THE SAME TIME.

NO, ABSOLUTELY.

AND, AND, AND IT IS A BALANCE, RIGHT? I I WE DO RECOGNIZE THAT STAFF RECOGNIZES THAT, UM, WHICH IS WHY IT'S, IT'S MORE OF, HEY, WHERE WE CAN, AS OPPOSED TO BOARD, YOU ARE BEING REQUIRED TO DO THIS EVERY SINGLE TIME.

UH, BECAUSE IT IS THAT BALANCE.

AND WE RECOGNIZE THAT YOU ALL HAVE TO, YOU ARE TAKING INTO CLEAR CONSIDERATION WHAT'S HAPPENING HERE AND WHAT'S BEING PRESENTED BEFORE YOU.

BUT TO YOUR POINT, UH, CHAIR, UH, COMMISSIONER VAN OLAN, WE MAY NOT ALWAYS HAVE IT WRONG.

IT'S A FREUDIAN OR MAY NOT ALWAYS HAVE SOMETHING .

CAN I ASK, UH, A CLARIFYING QUESTION

[02:20:01]

SO IN GENERAL, BUT ESPECIALLY IF THERE ARE CONDITIONS THAT ARE BEING IMPOSED.

UM, BUT AGAIN, THAT ASSUMES THAT THERE'S SOME TYPE OF DRAWING OR SOME TYPE OF, UM, SOME TYPE OF PLAN.

I THINK ONE OF THE THINGS STAFF DID MENTION WAS TO AVOID TYING ANYTHING TO A FULL PLAN SET, ALTHOUGH I'M NOT AWARE OF YOU ALL HAVING RECEIVED FULL PLAN SETS.

USUALLY IT'S SOME TYPE OF EXCERPT.

UM, BUT YES, WHERE POSSIBLE IN GENERAL, YEAH, SOMETIMES, SOMETIMES THEY DO RECEIVE, LIKE RARELY IT HAPPENS, THEY RECEIVE FULL PLAN SETS, BUT WE'RE NOT, THEY'RE NOT ASKING FOR THE PLAN SET.

THEY'RE LIKE ASKING FOR THE SURVEY IN GENERAL.

'CAUSE WE UNDERSTAND THE BOARD IS NOT REVIEWING AND CANNOT REVIEW A PLAN SET.

LIKE THEY ARE NOT REVIEWERS OR DESIGNERS TO DO THAT.

SO IT'S MORE LIKE JUST THE SURVEY, LIKE A GENERAL AREA.

'CAUSE SOMETIMES EVEN SOMETHING SIMPLE LIKE JUST A CARPORT, THE, THE, THE CHAIR, UH, THE REVIEWER WILL ASK, WELL, LIKE ARE THERE ANY CONDITIONS, LIKE DO THEY NEED TO DO ANY WATER CAPTURE OR DO THEY NEED TO DO ANY GUTTERS? LIKE, OR ANYTHING LIKE THAT? LIKE WHAT DO THEY NEED TO DO? OR IS, WAS IT SOMETHING SIMPLE? UM, SO YEAH, THAT'S ALL THEY WERE ASKING FOR.

JUST THE, FOR THE SIMPLICITY OF CLARIFICATION.

I, YOU KNOW, I THINK WE, I THINK WE DO A PRETTY GOOD JOB ON THAT JUST TO MAKE SURE.

AND I WOULD JUST ENCOURAGE EVERYBODY TO MAKE SURE, TO MAKE SURE IT'S VERY CLEAR FOR MISS ELAINE AND, AND, UH, FOR DIANE JUST TO BE ABLE TO, AND FOR ALL THE REST OF US TO MAKE SURE THAT WE'RE DOING THAT.

JUST TO MAKE SURE STAFF DOESN'T GET CONFUSED OVER OUR INTERPRETATIONS.

AND I'M NOT REFERRING TO YOU OR YOU, SO, OKAY.

IF WE APPROVE OUR CALENDAR? UH, THE 2027 CALENDAR, THE ANNUAL SCHEDULE? YES.

UH, WE GOOD WITH THAT ONE? YEP.

OKAY, GREAT.

SO THAT ONE THERE WE HAVE DISCUSSED AND TAKEN AND WE WILL, IT WILL BE REMOVED.

THANK YOU EVERYBODY FOR ALL Y'ALL'S COOPERATION AND LOOKING WITH THESE.

SOMEBODY WAS TELLING ME WE NEED TO GET THESE CLEANED OFF.

SO, UM, WE'RE NOW DOING THAT DUE DILIGENCE.

ARE THERE ANY OTHER QUESTIONS, COMMENTS, ANYTHING FOR THE FUTURE AGENDA ITEMS THAT YOU WOULD LIKE TO HAVE ADD ON? HOW ABOUT

[15. Approve the 2027 annual schedule of the Board of Adjustment.]

DID IS THERE ANY OBJECTIONS TO WHAT IS ON THE CALENDAR? I'LL MAKE A MOTION FOR APPROVAL.

SO WE HAVE A MOTION TO APPROVE THE CALENDAR BY BOARD MEMBER HAWTHORNE.

IS THERE A SECOND? WE HAVE TO ADJUST IT.

WE CAN DO, WELL, THEY'LL TELL US THAT WE HAVE TO.

I'LL SECOND.

OKAY, SO WE HAVE A SECOND.

IS THERE ANYBODY IN DENIAL ON THIS AND READY TO ACCEPT IT AS UH, THE MOTION HAS BEEN PROPOSED? I GOT, EVERYBODY'S GOT A GOOD THUMBS UP.

WE GOT GOOD UP THERE.

WE ARE, WE ARE LOOKING FOR AT, LOOK AT THAT 7 58.

HAD TO MAKE SURE I GOT THAT TIME IN THERE SO THAT I'M NOT GETTING, UH, THAT, UH, THAT QUESTION.

THANK YOU TO EVERYBODY.

APPRECIATE IT.

UH, THANK YOU.

WE LOST OUR UT STUDENTS.