[CALL TO ORDER]
[00:00:06]
WE WERE GOING TO CALL THIS MEETING IN ORDER, IN SESSION FOR THE BOARD OF ADJUSTMENTS FOR THE CITY OF AUSTIN.AND WE ARE AT THE CITY HALL COUNCIL CHAMBERS.
DO WE HAVE TO TELL THAT ADDRESS EVERYTHING? WE, IT'S NOT LIKE WE DON'T KNOW WHERE WE ARE.
YOU HAVE TO, YOU HAVE TO SAY LOCATION.
WELL, THANK YOU, OUR LOVELY ASSISTANT THAT LETS US KNOW WHERE WE ARE.
WE WILL START OFF THIS MORNING OR THIS AFTERNOON.
WE'RE GONNA CALL THE MEETING OR WE'VE ALREADY DONE THAT, SO LET'S DO THE ROLL.
UH, BOARD MEMBER ALHARBRA, ARE YOU HERE, SIR? HERE.
BOARD MEMBER MEDINA LIAL, WHERE ARE YOU? YOU'RE NOT ON SCREEN.
I'M, UM, TRYING TO FIGURE OUT MY CAMERA.
BOARD MEMBER KIM, NICE TO SEE YOU, YOUNG LADY.
UH, BOARD MEMBER HAWTHORNE, NICE TO SEE YOU, YOUNG LADY ALSO.
UH, BOARD MEMBER ABDULLAH, GOOD TO SEE YOU, SIR.
UM, VICE CHAIR SARASTANI, I SEE YOU HERE.
THANK YOU VERY MUCH FOR BEING HERE TONIGHT, YOUNG LADY.
AT LEAST LAST TIME I CHECKED, I WAS.
BRIAN, UH, WE NEED BRIAN TO PLEASE STATE THAT HE'S HERE.
I'M SORRY? BRIAN NEEDS TO PLEASE STATE THAT HE'S HERE.
I DIDN'T HEAR HIM SAY YES, SO, UM - YEAH, I'M, I'M HERE.
AND, UH, BOARD MEMBER VALENTINE, ARE YOU HERE, YOUNG LADY? I'M HERE.
THANK YOU FOR SHOWING UP TONIGHT.
WHAT ABOUT CHAIR BOWEN? I'M SORRY, MA'AM? IS CHAIR BOWEN HERE? CALL YOURSELF HERE.
UH, WE'RE GONNA REMIND THE AUDIENCE NOW, EVERYBODY JUST PLEASE TURN OFF YOUR CELL PHONES AND PUT THEM WHERE THEY CAN'T BE HEARD.
UM, ALSO, IF YOU HAVE, UH, AFTER YOUR CASE IS OVER, PLEASE TAKE ANY OF YOUR DISCUSSIONS OUTSIDE INTO THE LOBBY.
IF YOU HAVE ANY QUESTIONS ABOUT YOUR CASE, YOU CAN EMAIL MS. RAMIREZ OR YOU CAN GIVE HER A CALL TOMORROW.
UM, WHEN ADDRESSING THE BOARD, YOU'RE SPEAKING TO THE BOARD, NOT ANYBODY ELSE AT THAT POINT IN TIME.
UH, WE USUALLY WILL TAKE A BREAK AROUND 8:00 FOR ABOUT 10 MINUTES.
AND NOW IT'S OUR TIME TO DO THIS ADMINISTRATING OF THE OATH.
OKAY? SO, ALL OF THOSE THAT ARE GONNA BE SPEAKING TONIGHT ON REGARDS TO A CASE, IF YOU'LL PLEASE RISE AND DO THE, WE'RE GONNA DO THIS OATH HERE.
UH, DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? OKAY.
SHERIFF, CAN YOU PLEASE CALL BIANCA NOW THAT WE CAN SEE HER? I'M SORRY, MA'AM? CAN YOU PLEASE ROLL CALL BIANCA NOW THAT WE CAN SEE HER? OH, OKAY.
OH, SHE'S ON ANOTHER CAMERA TOO.
MS. BIANCA, YOU'RE HERE, CORRECT? HERE.
SO YOUR VOICE CAME THROUGH ONE SCREEN, BUT I SEE YOU ON ANOTHER SCREEN.
TECHNOLOGY'S A WONDERFUL THING.
[APPROVAL OF MINUTES]
MOVING ON.SO I HAVE A FIRST BY BOARD MEMBER HAWTHORNE.
I HAVE A SECOND BY BOARD MEMBER MCCLELLAN.
WE WILL NOW TAKE A VOTE ON THAT.
YOU HAVE TO SPEAK UP A LITTLE BIT IN THE MICROPHONE, SIR, SO THEY CAN HEAR YOU.
BOARD MEMBER, UH, MEDINA LIAL? YES.
UH, BOARD MEMBER MCCLELLAN? YES.
UH, BOARD MEMBER HAWTHORNE? YES.
UH, BOARD MEMBER ABDULLAH? YES.
UH, BOARD ME - OR CHAIR, VICE CHAIR SARASTANI? YES.
[00:05:01]
BOARD MEMBER POTEET? YES.AND BOARD MEMBER VALENTINE? YES.
MR. CHAIR, DO WE HAVE ANY CITIZEN COMMUNICATION? WE DO NOT HAVE, UH, ACCORDING TO THE NOTE, WE HAVE NO CITIZEN COMMUNICATIONS.
THAT WAS MY NEXT THING TO GO TO THERE, ACCORDING TO MY LITTLE LIST HERE.
UM, YOU TOLD ME WE DIDN'T HAVE ANYBODY, MS. RAMIREZ, IS THAT CORRECT? OKAY.
SO WE HAVE NO PUBLIC COMMUNICATIONS.
DO WE HAVE ANY QUE - DO WE HAVE ANY S - UH, ANY CASES THAT ARE REQUESTING POSTPONEMENT WITHDRAWAL? NO, SIR.
SO YOU HAVE THIS LITTLE CHECKLIST THING THAT YOU GO DOWN, SO...
UM, SINCE WE HAVE NOTHING THAT'S BEEN, UH, WITHDRAWN OR POSTPONED, WE'RE GONNA MOVE ON
[2. C15-2026-0041 Luke and Cherry Scarmardo 8402 Kimble Cove]
TO OUR CASES.UM, SO WE'RE GONNA START OFF WITH OUR VERY FIRST ONE.
OKAY, WE'RE GONNA CALL CASE C152026-0041, 8402, UH, KIMBALL, UH, COURT.
AND THAT'S, UH, YOU'RE GONNA HAVE TO PRONOUNCE YOUR LAST NAME FOR ME, SAKARMI? KIMBALL COVE.
WELL, DO WE HAVE ANYBODY ON THIS ONE TONIGHT? IS THAT ON, ON A...
WE HAVE THAT ONE ON VIRTUAL, DON'T WE? HE IS ONLINE? OKAY, GREAT.
ALL RIGHT, SIR, YOU HAVE A - TONY, CAN YOU PLEASE SPEAK? SIR, CAN YOU INTRODUCE YOURSELF? LUKE, YOU READY TO GO? YOU GOT TO SPEAK UP, SIR.
YOU'RE GOING TO HAVE TO PRONOUNCE YOUR LAST NAME FOR ME.
SIR, WE'RE HAVING A PROBLEM HEARING YOU.
CAN YOU HEAR ME? CAN YOU HEAR US? YES, I CAN HEAR YOU NOW.
SCARMADO? OKAY, MR. SCARMARTA, IF YOU - YES.
YOU HAVE A PRESENTATION AND YOU'RE READY TO GO? YES.
OKAY, SO YOU GOT FIVE MINUTES FOR YOUR PRESENTATION, SIR.
WE, WE'RE, WE'RE VERY PATIENT PEOPLE, SO YOUR PRESENTATION IS UP ON SCREEN.
CAN YOU HEAR US NOW? WE CAN'T WORK IT.
CAN YOU HEAR ME NOW? I CAN HEAR YOU NOW.
CAN YOU HEAR ME NOW? I CAN HEAR YOU NOW.
SO YOUR PRESENTATION IS UP ON THE SCREEN.
SO YOU'VE GOT FIVE MINUTES FOR YOUR PRESENTATION, SIR.
HOW ABOUT IF YOU TURN OFF THE TV OR THE RADIO OR THE COMPUTER THAT IS TALKING AT THE SAME TIME, BECAUSE I BET YOU THAT'S CONFUSING.
IT'S, IT'S, IT'S JUST THEY'RE TAKING US ON.
YEAH, TURN THE VOLUME OFF ON YOUR TV.
YOU CAN WATCH IT, BUT JUST TURN THE VOLUME DOWN WHERE YOU CAN'T HEAR, HEAR YOUR BACKUP.
I WOULD LIKE TO PUT A ONE CAR CARPORT ON THE FRONT OF MY HOUSE.
AND, UM, I WANTED, AND I WANNA...
[00:10:01]
IS.TURN OFF THE TV OR THE RADIO OR THE COMPUTER THAT - TURN OFF THAT.
JUST TURN OFF THE SOUND TO IT.
YOU CAN WATCH, BUT YOU CAN TURN, YOU NEED TO TURN THE SOUND OFF.
ELAINE, IS THERE AN OPPOSITION TO THIS CASE? DID WE LOSE HIM? OKAY.
SO WHY DON'T WE JUST GO AHEAD AND WE'LL MOVE ON TO THE NEXT ONE FOR THE RECORD.
WELL, MR. CHAIR, IS THERE, IS THERE SOMEBODY ELSE TO SPEAK IN FAVOR OR IN OPPOSITION TO THIS CASE? I AM NOT SHOWING...
IS THERE ANYBODY HERE IN OPPOSITION OR S - IN SUPPORT OF, UH, 8402, UH, KIMBALL COVE? NOT SEEING ANY.
SO IF YOU WANTED TO, I WOULD MAKE A MOTION TO APPROVE - OKAY.
UH, IT MIGHT MAKE THIS A LITTLE MORE STREAMLINED, BUT I THINK YOU WOULD NEED TO...
UH, I'M LOOKING AT LEGAL TO MAKE SURE I CAN...
BUT YOU WOULD NEED TO CLOSE PUBLIC HEARING - RIGHT.
FOR ME TO DO THAT AFTER CALLING FOR ANYBODY IN FAVOR OF ANYBODY IN OPPOSITION.
NO, THAT'S, THAT'S A GOOD IDEA.
WHY DON'T WE GO AHEAD AND CLOSE THE PUBLIC HEARING UNLESS YOU'RE GONNA TRY TO GET THEM BACK OR - I THINK THAT MIGHT BE VERY EXCITING, BUT HOW ABOUT IF I JUST MAKE A MOTION AND - THAT'S GOOD.
LET'S, LET'S HAVE A MOTION TO CLOSE OR WE'LL CLOSE THE PUBLIC HEARING ON THAT.
AND DO I HAVE A MOTION? UH, I'LL MAKE A MOTION FOR APPROVAL.
SO I'M GONNA DO FINDINGS - OKAY.
UNLESS ANYBODY HAS ANY QUESTIONS.
LET ME GET THIS MARKED SO I DON'T GET, UH, MS. ELAINE ALL, ALL OVER ME.
I SAW COREY SECOND IT, BUT WAS IT MS. VALENTINE, DID YOU SECOND? I DID, BUT IT, IT'S EITHER.
YOU GET TO BE SECOND ON THIS ONE, OKAY? THANK YOU VERY MUCH.
AND LET'S GO AHEAD AND DO THE FINDING.
ARE THERE ANY QUESTIONS BASED UPON THE INFORMATION THAT'S BEEN PROVIDED? SO I'M GONNA ASK THAT OF ANY OF THE BOARD MEMBERS.
DO WE CARE, LIKE, THERE'S, THERE ACTUALLY IS A GARAGE WITH JUST A WALL IN BETWEEN.
HOW DO WE FIGURE THAT IN? LIKE, TO WHAT EXTENT IS IT A HARDSHIP IF ALL THEY HAVE TO DO IS REMOVE A WALL TO HAVE A GARAGE AGAIN? LIKE - WELL...
DO WE CARE? IT'S A CONVERTED SPACE, IS MY UNDERSTANDING.
THERE'S NO PICTURE OF THAT, BUT THERE'S NOTHING ON THE RECORD SHOWING THAT IT'S A CONVERTED SPACE.
UM, AND IF THEY PURCHASED THE PROPERTY IN 81, IT WAS ALREADY CONVERTED, IS WHAT I READ.
AND I JUST DON'T KNOW WHAT THAT MEANS.
AND I ALSO - MY GARAGE IS A PLAYROOM, BUT I COULD JUST PULL THE CARPET OUT AND DRIVE A CAR INTO IT WITHOUT AN ISSUE.
I LOOKED AT - LIKE, TO WHAT EXTENT IS IT CONVERTED? IT, IT SAYS IT'S A, A STORAGE AREA AND A SMALLER ONE-THIRD GARAGE SPACE THROUGH INSTALLATION OF A PERMANENT INTERIOR WALL.
SO IT'S ELIMINATED THE ABILITY TO PARK A VEHICLE INSIDE THAT STRUCTURE.
I GUESS WHAT I'M SAYING IS IT'S NOT THAT HARD TO TEAR OUT A WALL.
LIKE, I'M NOT, I'M NOT SEEING...
I'M NOT FEELING THE HARDSHIP PERSONALLY, BUT I'M, I'M OPEN TO...
OBVIOUSLY, OTHER PEOPLE FEEL DIFFERENTLY AND WE CAN JUST MOVE FORWARD WITH THE VOTE IF I'M GONNA BE THE ONLY NO.
WELL, APPARENTLY OUR LEGAL STAFF IS NOW COMING TO THE MICROPHONE, SO.
HEY, ERICA LOPEZ, ASSISTANT CITY ATTORNEY.
IF THERE'S GONNA BE SUBSTANTIVE DISCUSSION, I WOULD RECOMMEND THAT YOU HAVE THE SUBSTANTIVE DISCUSSION WHILE THE PROPERTY OWNER IS - YES, MA'AM.
SO IF, IF THERE ARE QUESTIONS, IT MAY BE POSSIBLE TO JUST TABLE THIS ITEM AND TRY TO GET THE PROPERTY OWNER ONTO IT AND MOVE ON TO YOUR OTHER CASES AND SEE IF YOU CAN GET A PROPER CONNECTION WITH THE PROPERTY OWNER, OR ALTERNATIVELY, YOU CAN POSTPONE THE CASE TO THE NEXT MEETING.
DO I HAVE A SECOND ON THE POSTPONEMENT? 'CAUSE WE'VE ALREADY GOT A CURRENT MOTION TO APPROVE IT AS IT IS.
ARE, ARE WE POSTPONING - CAN I, CAN I SPEAK...
SPEAK TO THE MOTION FIRST? SURE.
LET'S SPEAK TO THE FIRST MOTION.
WE DON'T HAVE A PROBLEM POSTPONING IT, AND I FELT LIKE THAT THEY WERE REALLY
[00:15:01]
STRUGGLING.AND, UH, WHEN I WENT AND, UH, A LOT OF TIMES I'LL LOOK ON GOOGLE JUST TO LOOK AROUND THE PROPERTY AND THEY'RE ON A CUL-DE-SAC AND I ALSO LIVE ON A CUL-DE-SAC AND THAT CAN BE A LITTLE DIFFICULT WHEN YOU HAVE A SETBACK BECAUSE THEY'RE ON THE CURVE.
UM, SO THEY'RE NOT IN ALIGNMENT WITH OTHER PEOPLE THAT HAVE STRAIGHT UP LOTS.
THERE'S ANOTHER PERSON WITH A CARPORT RIGHT IN FRONT OF THEIR ALREADY DONE GARAGE.
AND SO IT'S NOT IMPEDING SOMEONE'S VISUAL.
A LOT OF TIMES, SETBACK IS FOR A VIS- VISUAL BEING ABLE TO GET IN AND OUT OF THE DRIVEWAY AND SUCH, BUT YOU'RE ON A CUL-DE-SAC, YOU'RE THE ONLY PERSON YOU'RE IMPEDING IS YOURSELF OR, YOU KNOW, YOUR NEIGHBOR RIGHT THERE.
UM, I CAN SUPPORT THE POSTPONEMENT, UH, MOTION.
I JUST THINK THAT IT WAS PRETTY STRAIGHTFORWARD.
AND WITH MICHAEL NOT HERE, I WAS JUST, LIKE, OUT THE GATE, LET'S GO.
UH, SO, UH, WHATEVER THE BOARD'S PLEASURE IS, I CAN, UH, WITHDRAW MY MOTION OR SUPPORT THE POSTPONEMENT OR CONTINUE ON MY MOTION.
UM, CHAIR, THERE'S A QUESTION OF PROCEDURE MADE FOR LEGAL.
IF WE POSTPONE IT, THAT'S FOR NEXT MEETING.
IF WE TABLE IT, IT COULD BE DONE THIS MEETING.
UH, THAT'S WAY, UH, MY UNDERSTANDING IS WE CAN TABLE IT.
IT COULD BE LATER ON IN THE MEETING TO WHERE WE COULD GET THEM BACK IN, IN, UH, BACK ON THE LINE TO SEE HOW THAT GOES, UH, VERSUS POSTPONING.
UM, HONESTLY, UM - I WOULD BE IN FAVOR OF TABLING BECAUSE WE MIGHT BE ABLE TO GET THIS DONE.
UM, I'M, I'M ALSO KIND OF ALONG THAT LINE TO SEE IF WE WANTED TO TRY TO GET THEM BACK.
SO HOW ABOUT IF YOU REOPEN THE PUBLIC HEARING - YEAH, LET'S, UH, LET'S...
GIVE THEM AN OPPORTUNITY TO ANSWER - OKAY.
WE'RE GONNA REOPEN THIS BACK UP AND, UM, HOPEFULLY, UM, WE'RE GONNA TURN THE VOLUME DOWN ON OUR TV, IF YOU'RE WATCHING, AND SO THAT YOU CAN ACTUALLY HEAR WHAT'S GOING ON, AND WE'LL GO FROM THERE.
SO ARE YOU WITH US, SIR? I'M, I'M RIGHT HERE WITH YOU.
I AM IN, UH, I DON'T, I DON'T, UM, I CAN'T UNDERSTAND WHY YOU CAN'T HEAR ME.
I THINK IT'S A VERY BIG DELAY.
WELL, WE CAN HEAR YOU NOW, SIR, BUT WE WERE GETTING A LOT OF ECHO BACK BASED UPON THE FACT THAT I GUESS YOU HAD SOMETHING GOING ON IN THE BACKGROUND.
YEAH, I'M IN THE OTHER PART OF THE HOUSE - OKAY.
AWAY FROM MY COMPUTER WHERE I WAS WATCHING THAT.
SO DO YOU WANNA GO AHEAD AND PICK UP WHERE YOU LEFT OFF ON YOUR, UH - SURE.
WELL, MY HARDSHIP IS THAT, UM, THAT THE, THE GARAGE WHEN, BEFORE WE BOUGHT THIS HOUSE BACK IN 1981, THEY HAD, THEY HAD CONVERTED PART OF THAT GARAGE INTO STORAGE AND LIVABLE SPACE BACK, UH, ABOUT TWO THIRDS OF THE GARAGE.
AND SO IT'S ABOUT A ONE-THIRD OF A CAR GARAGE THAT, UM, IS THE GARAGE.
AND THE, UM, BOTH THE SIDES OF THE HOUSE ARE ON A CUL-DE-SAC, AND MY NEIGHBORS ARE PRETTY CLOSE TO ME, UH, WITHIN FIVE FEET OR ABOUT FIVE FEET ON ONE SIDE AND FIVE FOOT NINE ON THE OTHER SIDE, UH, WHERE THE, THE OTHER SIDE IS NOT ACCESSIBLE WITH A CAR BECAUSE IT'S MY FRONT YARD.
AND AROUND, YOU, YOU'D HAVE TO DRIVE THROUGH MY FRONT YARD TO GET AROUND TO PUT A CARPORT ON THE SIDE, ON THE LEFT SIDE.
ON THE RIGHT SIDE, IT'S JUST GOT FIVE FOOT WITH A FENCE RIGHT THERE THAT BELONGS TO MY NEIGHBOR.
AND, UM, FOR EASEMENT RIGHTS AND EVERYTHING ELSE, THERE'S JUST NO ROOM FOR A CARPORT ON THAT SIDE EITHER.
BUT, YOU KNOW, UM, I, I THINK THAT THE HOUSE NEEDS TO HAVE, UM, SOME - I WANTED TO KNOW WHY YOU COULDN'T TAKE THE WALL OUT.
WELL, WE CAN'T REALLY TAKE THE WALL OUT BECAUSE THE HOUSE IS ONLY A THOUSAND SQUARE FEET, AND WE ARE LIVING IN, UM, LESS THAN A, ABOUT ALMOST A THOUSAND SQUARE FOOT OF LIVING SPACE WITH THE GARAGE BEING PART OF THE LIVING SCA - SPACE.
AND, UH, THAT WAS CONSTRUCTED WAY BACK IN THE '60S.
AND SO, THIS IS WHAT WE'RE STUCK WITH, AND WE'VE BEEN PARKING OUT THERE IN THE SUN AND THE RAIN AND EVERYTHING FOR YEARS, AND I WANNA BUY A NEW CAR AND I WANNA PUT IT UNDER A CARPORTED AREA SO THAT IT CAN BE PROTECTED FROM THE ELEMENTS.
WE HAVE A LOT OF HAILSTORMS NOWADAYS AND THINGS LIKE THAT, AND THE SUN AND THE RAIN AND EVERYTHING,
[00:20:01]
IT JUST DETERIORATES THOSE CARS TO DEATH.AND I'D LIKE TO CARRY ON WITH MY LIFE WITH A VEHICLE THAT I CAN TRUST AND THAT I HAVE TO PAY FOR.
AND, UM, I KNOW THAT'S NOT A HARDSHIP, BUT THAT'S MY PROBLEM.
IS THAT IT, SIR? UM, WELL, THAT'S, YEAH, AND, AND THERE'S NOT MUCH ELSE.
THERE'S NOWHERE TO PUT A CARPORT IN THE FRONT.
THE, UM, SETBACK IS FOUR AND A HALF FEET FROM MY GARAGE DOOR, AND, UM, THAT'S SERIOUSLY NOT ENOUGH ROOM TO PUT A CARPORT IN.
SO, UM, UH, I'M GONNA BUILD THE CARPORT OVER THE EXISTING DRIVEWAY, AND IT'S GOING TO, UM, BE ATTACHED TO THE HOUSE AND FOLLOW THE ROOF LINES AND THINGS LIKE THAT.
SO IT LOOKS LIKE IT'S BEEN THERE AND WANTS TO BE THERE, NOT A TEMPORARY SITUATION.
UM - AND THAT'S ABOUT, THAT'S ABOUT IT.
WELL, WE'RE GONNA ASK NOW TO SEE IF THERE'S, UH, UH, SINCE YOU'VE PROVIDED US WITH THAT INFORMATION, WE'RE GONNA SEE IF THERE'S ANY OPPOSITION.
UM, THERE'S NO OPPOSITION OUT THERE.
SEEING NONE, WE WILL NOW CLOSE THE PUBLIC HEARING ON THAT AND OPEN IT UP FOR ANY QUESTIONS FROM THE BOARD MEMBERS AND, UH, GO FROM THERE.
JUST STAY ON THE LINE JUST IN CASE, UH, BOARD, UH, CHAIR, VICE CHAIR SARASTA, YOU HAVE A QUESTION.
UM, THANKS FOR BEING HERE, UM, MR. SCARMATO.
I KNOW THIS IS, UH, TRICKY, UM, AND CAN BE INTIMIDATING, UM, COMING BEFORE THE BOARD AND EXPLAINING YOUR SITUATION.
UM, THANK YOU FOR TELLING US A BIT MORE ABOUT THE LIVING SPACE.
UM, I JUST, UH, FOR THE RECORD, UM, BOARD MEMBER HAWTHORNE HAD MENTIONED THAT A COUPLE DOORS DOWN THERE IS ALREADY AN EXISTING CARPORT IN FRONT OF A GARAGE.
IS THAT TRUE THAT YOUR NEIGHBOR ALREADY HAS A CARPORT? YEAH, WE HAVE A COUPLE OF, UH, CARPORTS.
ONE OF THEM IS VERY TEMPORARY DOWN THE OTHER END OF THE COVE, UH, AND GOING INTO THE COVE.
AND THEN THERE'S ONE RIGHT ON THE COVE ACROSS, ADJACENT FROM US THAT'S, THAT'S, UM, UH, THEY BUILT A WHILE BACK AND IT'S A ONE CAR CARPORT TOO.
YEAH, THAT'S, UM, THAT'S HELPFUL.
UH, FOR, FOR THE REST OF THE BOARD, I'M, I'M ON BOARD WITH, UH, APPROVING IF Y'ALL WANNA MAKE THE MOTION AGAIN.
I, I JUST HAD A QUESTION ABOUT THE POSTING LANGUAGE BEFORE WE PROCEED.
UM, I NEED TO LOOK FOR JUST A SECOND.
WHILE WE'RE WAITING, IS THERE ANY OTHER QUESTIONS? OKAY.
SO - I MEAN, THE DRAWING LOOKS CORRECT, ELAINE, SO I, I'M GONNA MAKE A MOTION FOR APPROVAL.
WE HAVE A MOTION ON, FOR APPROVAL BY, UH, BOARD MEMBER HAWTHORNE.
WE HAVE A SECOND BY, UH, BOARD MEMBER VALENTINE, IF THAT'S STILL GOOD, MA'AM? CORRECT.
ZONING REGULATIONS APPLICABLE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THE 25 SETBACK ON A CUL-DE-SAC, UH, I- IS A LITTLE BIT DIFFICULT WITH THE CURVE IN, IN THE, UH, ROADWAY THAT ACTUALLY ON A, UM, ON A STANDARD LOT WOULD BE STRAIGHT ACROSS.
AND SO IT IS DIFFICULT TO FIGURE OUT HOW TO FIT SOMETHING, UH, BUILT AT THAT AGE WITHOUT PUTTING OVER THE EXISTING DRIVEWAY AND WITH HAVING THE DRAINAGE EASEMENT ON ONE SIDE, UH, AND HAVING THE DRIVEWAY LOCATED, UH, WHERE IT IS, IT'S NOT PRACTICABLE.
THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY AS THE HOUSE IS ON A CUL-DE-SAC AND THE PROPERTY LINE IS CURVED AT THE FRONT.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE MOST HOMES IN THE NEIGHBORHOOD HAVE EITHER GARAGE OR CARPORTS AND ARE NOT, UH, UH, AFFLICTED WITH THE CURVE, UH, AT THE FRONT.
AREA CHARACTER, THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF ADJACENT CONFORMING PROPERTY, WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED AS THE CARPORT WILL ALIGN WITH THE EXISTING DRIVEWAY, AND I SURE HOPE THAT IT'S MADE OF MATERIALS, UH, SIMILAR TO THE HOUSE.
[00:25:01]
AND, UH, I WOULD LIKE TO - YES.ADD A CONDITION THAT THERE BE, UH, GUTTERS ON THE SIDE OF THE CARPORT THAT FACES YOUR NEIGHBOR AND THE DRAINAGE EASEMENT.
YES, I ALREADY HAVE THAT IN PLANS.
AND THAT IT REMAIN OPEN ON THREE SIDES.
AND THAT, THAT CONCLUDES MY FINDINGS.
THANK YOU, SIR, FOR YOUR HELP.
WE'RE GONNA VOTE NOW, OKAY? OKAY.
WE'RE GONNA VOTE NOW ON THAT, SIR, OKAY? SO THAT'S THE MOTION.
THAT'S THE, UH, THAT'S THE FINDINGS.
SO WE'RE GONNA, WE'RE GONNA TAKE A VOTE ON THAT.
UH, I HAD A REQUEST FROM STAFF TO TIE IT TO THE SITE PLAN - YEAH.
I DON'T HAVE IT OPEN ANYMORE, SO IT'S GONNA TAKE ME JUST A SECOND.
I THINK IT'S ITEM TWO OF EIGHT ON THE, ON THE EVENTS PACKET.
UM - YOU GOT A DIFFERENT PAGE.
SORRY, THE COMPUTER IS NOT AS FAST AS - I ALSO SEE TWO OF EIGHT.
I DON'T KNOW WHY, BUT IT KEEPS WANTING TO PULL UP.
SINCE I SHUT SOMETHING, IT WANTS TO PULL UP, UH, SEPTEMBER'S AGENDA.
WE'RE GONNA DO THIS ONE MORE TIME.
WE'RE GONNA START OFF WITH, UH, BOARD MEMBER EL HA- HARBOR.
UH, BOARD MEMBER MCCLELLAN? YES.
UH, BOARD MEMBER HAWTHORNE? YES.
UH, VICE CHAIR SARASTANI? YES.
UH, BOARD MEMBER VALENTINE? YES.
MR. SCARMANDO, UH, YOU'VE BEEN AWARDED YOUR, UH, VARIANCE ON THAT, SIR.
CHAIR, CAN YOU PLEASE READ IT AGAIN? THE MOTION - I'M SORRY, MA'AM? CAN YOU PLEASE READ THE MOTION AND THE CONDITIONS, PLEASE, JUST SO WE CAN MAKE SURE WE GET IT CORRECT? SO THE MOTION WAS FOR APPROVAL? YEAH, THE MOTION WAS FOR APPROVAL.
UH, TYING IT TO PAGE TWO OF EIGHT AND HAVING IT BE OPEN ON THREE SIDES WITH GUTTERS ON, WITH GUTTERS REQUIRED ON THE SIDE THAT FACES THE NEIGHBOR WITH THE DRAINAGE EASEMENT.
IS THAT, IS THAT SUCCINCT ENOUGH? YES.
YOU CAN GO BACK AND WATCH THE REST OF US ON TV NOW.
WELL, I'M GLAD WE GOT THAT ONE OUT OF THE WAY.
THAT WAS CERTAINLY INTERESTING NOW, WASN'T IT? YES, THAT WAS EXCITING.
I FELT LIKE I WAS ON THE WALTONS THERE FOR A MINUTE.
[3. C15-2026-0043 Di Yang Shi 7606 Creston Lane]
MOVE TO, UH, ITEM, AGENDA ITEM NUMBER THREE.UH, C152026-00437606 CRESTON LANE.
UH, I'M GOING TO SAY THE YANG SHAI.
OH, I, YES, I'M HERE IN PERSON.
[00:30:01]
MY BIRTH NAME.UH, AND I'M A RESIDENT AND HOMEOWNER AT 7606 CRESCENT LANE.
AND THIS IS MY PRESENTATION FOR A TALLER FENCE, UH, FOR MY VARIANCE REQUEST.
UM, SO I'VE BEEN LIVING IN MY PROPERTY FOR SEVEN YEARS.
UM, I REALLY LOVE MY NEIGHBORHOOD.
UH, UNFORTUNATELY, THERE, UH, THEN THE BACK OF MY, UH, SORRY, TO THE BACK OF MY, UH, PROPERTY IS THIS, UH, CONDOMINIUM COMPLEX.
AND I'VE HAD SOME TROUBLE WITH, UH, THOSE NEIGHBORS.
UH, SO I HAVE A BRIEF SUMMARY OF SOME OF THE INCIDENTS THAT WE'VE HAD.
UH, THERE'S BEEN PRETTY REGULAR LITTERING, UH, GOING OVER THE FENCE.
UM, I HAVE SOME THINGS LISTED THERE.
THE BABY DIAPERS WERE THE WORST, BUT THERE'S ALSO BEER BOTTLES AND, UH, BAGS OF TRASH AND OTHER THINGS.
UM, I HAVE A NOTE THERE THAT WE CAUGHT LIKE A, IT WAS LIKE A SIX OR SEVEN-YEAR-OLD CHILD HAVING NO ISSUES JUST THROWING THINGS, UH, OVER THE FENCE.
AND I'VE MADE CALLS THROUGH 311, BUT THEY HAVEN'T BEEN ABLE TO HELP OUT, UM, FOR THE REASONS I LISTED THERE.
UH, I'VE ALSO BEEN HARASSED, UH, BY, UH, THESE NEIGHBORS.
UH, ONE TIME I WAS HAVING A FIRE.
UH, I USUALLY JUST HAVE IT ONCE A YEAR WHEN IT'S COLD OUT.
UM, AND THEY WERE NOT WILLING TO CLOSE THEIR WINDOWS, I SUPPOSE.
AND THEY, UH, SORT OF HARASSED ME AND MY FRIENDS, UH, OUT OF ENJOYING MY OWN BACKYARD.
UM, AND THERE'S BEEN SOME OTHER ISSUES AROUND THAT AS WELL.
AND THEN FOR PRIVACY AND FUNCTIONALITY, UM, WE'LL HAVE NEIGHBORS JUST STARE.
UH, SO I HAVE MOST OF MY, MY LIVING ROOM AND LIKE THE MAIN BEDROOMS THAT FOLKS LIVE IN.
ALL THE WINDOWS FACE THE BACK.
UM, AND SO WE'LL HAVE OUR NEIGHBORS, UH, JUST STARE BASICALLY THROUGH OUR WINDOWS AND WE'VE HAD TO BLOCK PRETTY MUCH ALL OF THEM OUT FOR THE LAST SEVEN YEARS.
AND, UH, I FINALLY, UH, THE OTHER DAY, LIKE, ONE OF THE NEIGHBORS WAS JUST STARING IN AND THEN ONE OF MY HOUSEMATES WAS ALSO TALKING ABOUT HOW IT'S AN ISSUE AND OTHER THINGS.
BUT, UM, SO SOME COMMENT ON THIS, UH, I BELIEVE THIS IS BECAUSE, UH, OF SOME WEIRD GRADE ISSUES AND THE BACK, UH, COMPLEX BASICALLY BEING BUILT EVEN ABOVE THEIR ELEVATED GRADE.
UH, I MAKE A NOTE THERE THAT WHEN I SEE MY NEIGHBORS, THEY CAN ESSENTIALLY, IT'S ALMOST LIKE THEIR WAIST IS AT THE TOP OF THEIR FENCE, WHICH IS TWO FEET HIGHER THAN MY FENCE, AND THEY CAN LIKE LEAN ON IT.
UH, AND, UH, FRANKLY FOR MY FENCE, I THINK IT'S ONLY LIKE ONE FOOT ABOVE THEIR FOOT LEVEL AND THEY COULD JUST WALK OVER THAT THEY WANTED TO.
UM, AND, UH, UM, I WOULD LIKE TO JUST MAKE SOME OTHER NOTES REAL QUICKLY, WHICH IS, UH, I ACTUALLY HAVE LIKE, I THINK THREE OR FOUR NEIGHBORS THAT ARE NEIGHBORING MY BACKYARD.
SO WHEN I MENTIONED THIS, IT'S NOT JUST ONE NEIGHBOR, IT'S LIKE A SET OF, UH, IT'S BECAUSE THEIR PROPERTIES ARE A LITTLE SMALLER.
UM, AND THEN, OH, NEXT SLIDE, PLEASE.
UM, SO BRIEFLY, UH, THIS IS JUST A PHOTO.
I ACTUALLY TOOK THESE LAST WEEK.
UH, AND AGAIN, THIS IS TRASH THAT WAS FOUND.
UH, THE, IN THE TOP LEFT IS KIND OF THE VIEW WHEN I'M RIGHT UP AT THE FENCE AND YOU CAN SEE THAT THEY CAN, IT'S STILL, THAT'S JUST THE FIRST FLOOR THERE THAT KIND OF TOWERS OVERVIEW.
AND THEN THE SECOND, UH, THE PHOTO ON THE TOP RIGHT IS ME FROM MY LIVING ROOM.
AND YOU CAN, THERE'S A BIT OF GLARE, BUT YOU CAN SEE LIKE OVER THE TOP HALF OF THEIR TV AND THEY CAN VERY EASILY, LIKE EVEN SITTING DOWN, JUST LOOK STRAIGHT INTO MY WHOLE HOUSE.
UM, SO I TRIED MY BEST TO MAKE AN ILLUSTRATION OF THIS.
IT IS SORT OF, UH, YOU KNOW, A LITTLE SIMPLIFIED, BUT, UH, THE DIMENSIONS ARE ROUGHLY, I'M NOT A SURVEYOR, BUT ROUGHLY CORRECT.
UH, I PUT A LITTLE LABEL THERE THAT THE ONE SQUIGGLY IS MY BEST GUESS OF CONDITIONS, AND THEN THE TWO SQUIGGLIES IS LIKE, UH, AS FAR AS I KNOW, LIKE QUITE TRUE.
BUT ESSENTIALLY, UH, YOU CAN SEE THAT I HAVE A SIX-FOOT FENCE.
UH, AND THEN THEIR FENCE IS ABOUT TWO, ABOUT TWO FEET HIGHER THAN MY FENCE.
UH, AND MY BEST GUESS OF CONDITIONS IS THAT, UH, FROM WHAT I'VE SEEN IS THAT THEIR GRADE IS ELEVATED, BUT THEN, UH, THEY HAVE LIKE AN ELEVATED DECK AND EVEN JUST MAYBE FOUNDATION FROM THE, UH, CONDO.
IT'S BECAUSE THIS COMPLEX IS LIKE, IT SPANS LIKE OUR WHOLE LOT.
SO I THINK THEY JUST BUILT IT ON A SINGLE GRADE ACROSS THAT.
AND THEN LIKE IN BASICALLY IN MY PROPERTY SPECIFICALLY, IT'S JUST SIGNIFICANTLY HIGHER TO THE POINT WHERE AGAIN, LIKE CHILDREN CAN JUST THROW THINGS OVER AND THEY CAN EASILY JUST KIND OF HONESTLY HOP IT IF THEY WANTED TO, LIKE WITHOUT MUCH EFFORT.
UH, AND I MADE A NOTE THERE THAT I DON'T THINK MY NEIGHBORS ARE LIKE SEVEN, EIGHT FEET TALL, UH, MOST LIKELY, UH, OR AT LEAST NOT ALL OF THEM.
UM, I'M ALMOST OUT OF TIME HERE.
THE ONLY OTHER NOTE I'LL MAKE IS THAT, UH, MY INTENTION IS FOR THIS TO JUST BE IN THE BACK OF THE PROPERTY, UM, AND THEN A LITTLE BIT ON THE SIDE SO THAT THERE'S NOT THIS LIKE WEIRD DROP OFF FROM A 10-FOOT FENCE TO A SIX-FOOT FENCE.
UM, AND, UM, YEAH, I'VE, AGAIN, I GUESS JUST TO SUMMARIZE, I'VE HAD THESE PROBLEMS OVER THE LAST SEVEN YEARS.
I'VE TRIED TO, MY BEST TO DEAL WITH THEM AND ACCOMMODATE.
UM, AND I DON'T KNOW THAT THERE'S ANY ALTERNATIVE I HAVE, SO I'M JUST SEEKING RELIEF IN A SORT OF A FUNCTIONAL FENCE THAT'S EQUIVALENT TO WHAT EVERYONE ELSE IS PROVIDED.
[00:35:01]
OKAY.IS THERE ANYBODY ELSE HERE IN SUPPORT OF THIS? ANY OPPOSITION? YES, SIR.
YOU'RE WITH THE OPPOSITION OR SUPPORT? PROBABLY.
PLEASE STATE YOUR NAME FOR THE, UM, FOR THE RECORD.
UH, YOU HAVE TO - YOU GOTTA PUSH THE BUTTON.
I, UH, RESIDENT AT, UH, SUMMERWIND CONDOS, WHICH IS DIRECTLY ADJACENT BEHIND, UH, THE SUBJECT PROPERTY.
I'M A, UH, RESIDENTIAL APPRAISER.
I'VE BEEN ON THE, UH, UM, SUMMERWIND HOA, UH, BOARD PRESIDENT SINCE 2010.
IN MY OPINION, NO HARDSHIP EXISTS.
UM, THAT PICTURE HE HAD OF THE GRADE IS VERY NOT, NOT TRUE.
IT'S PROBABLY ABOUT SIX INCHES.
I DO HAVE PICTURES FROM MY POINT OF VIEW.
SO MY, MY POINT IS NO HARDSHIP CURRENTLY EXISTS.
UH, HE HAS THE SAME UTILITY OF HIS PROPERTY WITHOUT A 10-FOOT FENCE.
UM, A 10-FOOT FENCE WOULD GREATLY BLOCK SUNLIGHT, ALSO BREEZE.
I, UH, I CAN SHOW YOU A PICTURE.
I DON'T KNOW IF I CAN PRESENT THIS OR NOT, BUT 10-FOOT FENCE WOULD COMPLETELY COVER ANY, ANY OF MY, UM, SIDELINE.
UM, I'VE LIVED THERE SINCE 2010, LIKE I SAID, AND, UM, AS A, AS A, UH, RESIDENTIAL APPRAISER, I CAN TELL YOU FIRSTHAND THIS WILL DECREASE THE PROPERTY VALUE.
UM, A 10-FOOT FENCE, MY, MY BACK PATIO IS ONLY ABOUT FIVE FOOT FROM THE FENCE.
SO A 10-FOOT FENCE WOULD SEEM LIKE AN INSTITUTION AND, UM, IT, IT WOULD BE VERY CLAUSTROPHOBIC, SO IT WOULD TAKE AWAY FROM MY PROPERTY VALUE.
IT WOULD ALSO BE NOT UNIFORM, UM, WITH ALL THE OTHER FENCES AND GO AGAINST THE INTENT OF THE ORIGINAL ZONING RESTRICTIONS.
UM, THIS WOULD ALSO CREATE A P- PRECEDENCE FOR OTHER NEIGHBORS.
UM, THERE'S A UTILITY EASEMENT, UH, THAT CURRENTLY EXISTS, AND CURRENTLY THE, THE CABLE LINE, I MEASURED IT, IS, IS 10 FOOT FROM, FROM THE GRADE.
SO HIS, HIS FENCE WOULD RUN INTO THE CABLE LINE THAT CURRENTLY EXISTS.
HIGH WINDS COULD PUSH IT OVER.
UM, AND MOST IMPORTANTLY, I HAVE THREE CHILDREN.
UH, NOW THEY JUST SIT INSIDE, PLAY VIDEO GAMES ALL DAY.
WHEN THEY WERE IN DIAPERS, I NEVER THREW DIAPERS OVER THE THING, SO I DON'T KNOW WHAT HE'S TALKING ABOUT THERE, BUT, UM - YOU NEED TO ADDRESS US, SIR, PLEASE.
UM, IT WOULD CAUSE A FIRE HAZARD, IN MY OPINION.
UH, THERE WOULD LIMIT THE EGRESS IF THERE WAS A FIRE.
THEY, THERE'S NO WAY THEY COULD CLIMB A 10-FOOT FENCE.
UM, IT, FROM WHAT I'VE SEEN, THE PROPERTY IS A SHORT-TERM RENTAL.
I'VE SEEN A BUNCH OF PEOPLE IN, IN, DIFFERENT PEOPLE IN AND OUT OF THERE.
SO MY, MY PROPERTY IS 100% OCCUPIED BY ME.
UM, THERE'S NO BUSINESS, UH, WHATSOEVER.
UM, AND, AND LIKE I SAID, THE, NO HARDSHIP EXISTS IN MY OPINION.
UM, BUT THAT'S F- FROM MY POINT OF VIEW.
HE HAS CURRENTLY SIX, UH, LARGE, UH, CREPE MYRTLES THAT ALLOW PRIVACY, BUT ALSO ENCROACH ON MY PROPERTY.
UM, AND, AND IN MY OPINION, PRIVACY IS NOT A, IS NOT A HARDSHIP.
AND YOU CAN ALSO SEE INTO HIS BACKYARD FROM THE TOP, UH, WINDOW.
AND I CAN SAY, UH, THE FIRE ISSUE, MY NEIGHBOR, SHE HAS MOVED OUT.
SHE, SHE CALLED ME OUT SEVERAL TIMES FOR HAVING A BARBECUE PIT AT THE POOL.
SHE HAS SINCE MOVED OUT, SO THAT'S NO LONGER AN ISSUE.
UH, IS THERE ANY OTHER, UM, OPPOSITION IN THIS CASE? OKAY.
UH, WE NOW GET TO OFFER YOU TWO MINUTES FOR, TO, UH, REBUT.
UM, I GUESS IF I MAY BEGIN, SORRY, I DID NOT TAKE NOTES OF ALL THE POINTS, BUT THE FIRST IS THAT, UH, IT IS
[00:40:01]
NOT A SHORT-TERM RENTAL.UM, I DO HAVE HOUSEMATES THAT ARE TENANTS, BUT, UH, IT IS, UH, THEY LIVE THERE FOR RATHER LONG LEASES.
I'M NOT SURE HOW YOU'RE AWARE OF THEIR MOVEMENTS, UNLESS YOU CAN SEE OVER THE FENCE, UM, AND INTO MY PROPERTY.
UH, BUT THE, I GUESS I WILL SAY THAT, UM, I...
SO AGAIN, I, I DID MENTION THAT THERE ARE THREE OR FOUR NEIGHBORS THAT BORDER THAT PRO - BACK PROPERTY.
I DON'T KNOW EXACTLY WHO IS DOING WHAT.
UM, IT'S NOT MY INTENTION TO, LIKE...
AND I, I GUESS I CAN'T EVEN CLAIM THAT ALL OF THEM HAVE AN ELEVATED PATIO TO THE BACK.
I JUST KNOW THAT SOME OF THEM DO, AND I HAVE FOUND TRASH THROWN ACROSS THE BACK AMONGST...
AND I'VE SEEN MULTIPLE NEIGHBORS, UH, FROM DIFFERENT PROPERTIES, LIKE, STARING INTO MY HOME AT ANY GIVEN TIME.
UM, I'M HAPPY TO COME UP WITH SOME JOINT SOLUTION TO TRY AND MAKE THIS WORK, BUT I, UH, YEAH, I'M OPEN TO SUGGESTIONS.
UH, THE ONLY OTHER THING IS, UM, I HAVE NOT GOTTEN AND MEASURED OUT UP TO THE ELECTRICAL LINES FOR THE FIRED HAZARD SORT OF, UH, CLAIM.
I BELIEVE THEY'RE MUCH HIGHER THAN 10 FEET BECAUSE I WAS LOOKING AT BUILDING SOMETHING BACK THEN, UH, AND I WAS AWARE THAT THEY CAN'T COME WITHIN 15 FEET OF THE ELECTRICAL LINES, UH, BUT I DON'T HAVE ANY MEASUREMENTS FOR THAT AT THIS CURRENT TIME.
UM, AND THEN, UH, SORRY, I'M TRYING TO THINK OF WHAT ELSE THERE WAS TO ADDRESS.
UM, OH, I, I, I DO BELIEVE THAT FOR THE SORT OF ACCESS TO A VIEW, UM, AS THE GENTLEMAN MENTIONED, YOU KNOW, THERE'S A SECOND STORY, MINE'S ALREADY BLOCKED OUT.
OF COURSE, I KNEW THAT MOVING IN, BUT I ALSO DON'T KNOW IF YOU CAN HAVE REASONABLE EXPECTATION OF, LIKE, A VIEW WHEN YOUR, LIKE, PATIO'S RIGHT UP AGAINST THE FENCE IN THE FIRST PLACE.
UM, BUT, UH, I GUESS THAT'S MY TIME.
UH, SEEING THERE'S NOBODY, NO MORE OPPOSITION, WE'VE READ, WE'VE DONE THROUGH ALL THE COMMUNICATIONS.
WE'RE NOW GOING TO, UH, CLOSE THE, UH, COMMUNICATIONS ON THIS AND THEN OPEN IT UP FOR QUESTIONS, UH, FOR BOARD MEMBERS.
CAN I KICK THINGS OFF? I'M SORRY? CAN I KICK THINGS OFF? CAN I KICK OFF QUESTIONS? SURE, GO AHEAD.
OKAY, UH, THIS IS - BOARD MEMBER MCCLELLAN.
UH, THIS IS FOR THE OPPOSITION.
DID YOU MENTION THAT YOU'RE ON THE HOA FOR THE ADJACENT COMMUNITY? SUMMER WIN, UH, HOA PRESIDENT SINCE 2010.
UH, H- HAS, HAS IT BEEN BROUGHT TO YOUR ATTENTION PREVIOUSLY THAT THE TRASH WAS AN ISSUE OF CONCERN TO ADJACENT PROPERTIES? WE'VE NEVER HEARD THAT FROM, UH, ANOTHER NEIGHBOR.
I WANTED TO ADD ALSO, UM, WE REPLACED THE FENCE RECENTLY, ABOUT A YEAR AGO, AND IT WAS PROPOSED AMONG EVERYBODY TO INCREASE THE HEIGHT, AND IT WAS VOTED UNANIMOUSLY TO KEEP THE HEIGHT THE SAME HEIGHT.
SO MY, MY NEXT QUESTION THEN IS, NOW THAT WE'VE ESTABLISHED THAT THERE IS SOME SORT OF TRASH ISSUE AND IT'S NOT YOU, SO IT'S ONE OF THE THREE REMAINING UNITS, CAN YOU, AS THE HOA PRESIDENT, DO SOMETHING WITHIN THE COMMUNITY TO SOLVE THE TRASH ISSUE? I, I'M NOT AWARE OF A TRASH ISSUE.
WELL, NOW THAT WE'VE ESTABLISHED THAT THERE'S A TRASH ISSUE AND NOW THAT WE HAVE PICTURES ON THE RECORD OF A TRASH ISSUE, IS THAT SOMETHING THAT YOU AS THE HOA PRESIDENT CAN ADDRESS? IF YOU DON'T WANT THE FENCE, THEN THE OTHER OPTION IS ADDRESS IT WITHIN YOUR COMMUNITY.
WE NEED TO RESPECT OUR NEIGHBORS.
I, I'M VERY, UH, RESPECTFUL OF THAT.
I'M JUST SAYING THAT MIGHT BE HEARSAY BECAUSE HE COULD HAVE PUT THAT MAT BACK THERE AND SAID IT WAS TRASH.
I, I DON'T, I DON'T SEE WHY SOMEBODY WOULD THROW TRASH OVER THE FENCE INTO HIS YARD.
THAT DOESN'T MAKE ANY SENSE TO ME.
I DON'T SEE WHY HE WOULD THROW TRASH IN HIS BACKYARD AND BLAME IT ON SOMEONE ELSE.
SO I'M ASKING - TO, TO GET THE VARIANCE.
IT COSTS $3,500 TO COME HERE AND DO THIS.
I DON'T THINK HE WANTS TO SPEND THAT MONEY JUST FOR FUN.
I DON'T, I DON'T KNOW HOW TO ANSWER YOUR QUESTION.
I WILL BRING IT UP, BUT I DON'T SEE WHY ANYBODY WOULD THROW TRASH OVER A FENCE.
RESPECTFULLY, BASED ON YOUR ANSWER, I DON'T KNOW IF I BELIEVE THAT, BUT I WILL TABLE MY REMAINING QUESTIONS FOR NOW.
YES, MA'AM, BOARD MEMBER HAWTHORNE.
YOU KNOW, IN SOME CASES, I THINK FENCES DO MAKE GREAT NEIGHBORS.
SO I AM, I AM, UH, SYMPATHETIC.
UM, WHAT I'M GONNA DO IS AT THE END OF MY STATEMENT, I AM GONNA MAKE A POSTPONEMENT, UH, MOTION FOR THERE TO BE TIME FOR THE, THE PARTIES TO COMMUNICATE.
SO I THINK THERE ARE A LOT OF WAYS TO SOLVE YOUR PROBLEMS.
[00:45:01]
THERE'S NOT A HEIGHT LIMIT FOR AN ORNAMENTAL FENCE, AND AN ORNAMENTAL FENCE COULD HAVE VINES ON IT, AND YOU COULD BE 50 FEET TALL AS LONG AS IT HAD AN OPEN RATIO OF ONE TO FOUR.AND SO I'M JUST, I'M GONNA TALK FOR A MINUTE AND THEN YOU CAN DIGEST AND THEN WE'LL GET, WE'LL GET TO THE GOOD STUFF.
BUT, YOU KNOW, THE CREPE MYRTLES, UH, YOU KNOW, EVERGREEN TREES, MOUNTAIN LAURELS, ALL OF THAT, I KNOW THAT, UM, NOT TO RAT ON MY NEIGHBOR, BILL, BUT MY NEIGHBOR, BILL, LIKES TO GO OUT IN HIS BOXER SHORTS EVERY MORNING AND GET THE PAPER.
AND THERE IS SOME THINGS THAT YOU CANNOT UNSEE, AND SO I HAVE A, LIKE, A LITTLE ROW OF MOUNTAIN LAURELS BECAUSE BILL AND HIS BOXERS IS NOT SOMETHING I WANNA SEE BEFORE COFFEE.
SO
BUT IF YOU HAVE A HOMEOWNER'S ASSOCIATION AND HE'S BEEN HAVING A PROBLEM FOR AN EXTENDED PERIOD OF TIME, IF, IF THERE'S NO WAY FOR YOU ALL TO COMMUNICATE, I'M GONNA ENCOURAGE YOU TO COMMUNICATE.
I'M GONNA MAKE A MOTION TO POSTPONE, WHAT'S THE JANUARY DATE, ELAINE? IT IS JANUARY 11TH.
UH, SO BEING THAT IT IS, YOU KNOW, THE HOLIDAYS WITH THANKSGIVING AND CHRISTMAS, I'M GONNA MAKE A MOTION TO POSTPONE THIS CASE UNTIL JANUARY 11TH.
UM - NO? IF WE POSTPONE, THEN THERE'S GONNA BE A FEE INVOLVED.
UM - IF I POSTPONE IT FROM THE DIAS? TO JANUARY - TO A DATE CERTAIN? YES, BECAUSE THAT IS MORE THAN 60 DAYS.
UM, YEAH, FROM NOW UNTIL JANUARY 11TH IS 63 DAYS, SO THERE WILL BE A RE - UH, RENOTIFICATION FEE INVOLVED.
UH, WHEN I'M DOING IT FROM THE DIAS - SORRY, IT'S FOR THE CODE.
SO THEN THE DECEMBER DATE IS WHAT? IT IS DECEMBER 14TH.
I'M GONNA MAKE A MOTION TO POSTPONE THIS CASE TO DECEMBER 14TH, AND I WOULD LIKE THE HOMEOWNER'S ASSOCIATION TO TRY TO COME UP WITH SOME, SOME AMICABLE, LIKE, FOR Y'ALL TO ALL TALK AND COME UP WITH SOMETHING, OR ELSE WHEN WE COME BACK ON DECEMBER 14TH, I'LL MAKE A MOTION FOR APPROVAL.
THIS IS NOT A TIME FOR US TO DIALOGUE.
THIS IS JUST MY MOTION, AND I DON'T KNOW IF I EVEN HAVE A SECOND, BUT IT, THIS SHOULD BE SOLVABLE AMONG, AMONGST ADULTS.
AND THERE IS A POINT WHERE FENCES MAKE GOOD NEIGHBORS.
THAT'S JUST, THAT'S JUST A FACT.
I'VE BEEN UP, BEEN HERE QUITE A FEW TIMES, QUITE A FEW DAYS.
I'VE BEEN HERE WHERE I APPROVED A FENCE BECAUSE THEY SHOT HIS DOG WITH BUCKSHOT IN THE FACE.
SOMETIMES FENCES MAKE GOOD NEIGHBORS, AND THAT'S A FACT.
SO THAT IS MY MOTION TO POSTPONE TO DECEMBER 14TH FOR THEM TO HAVE AN OPPORTUNITY TO COMMUNE.
I HAVE A COUPLE QUESTIONS BEFORE WE PUSH ON WITH THAT.
I DON'T, I DON'T HAVE A SECOND, SO.
ANYBODY ELSE GOT A QUESTION? I'LL SECOND IT.
THAT WAS, UH, VICE CHAIR? YES, SIR.
SO MY QUESTION IS THIS TO OUR OPPOSITION...
I'M SORRY, SIR, WHAT WAS YOUR NAME AGAIN? JUSTIN.
WHAT WAS YOUR LAST NAME? JUSTIN - WEAVER.
MR. WEAVER, UH, JUST LOOKING AT THE PICTURES HERE, UM, IT LOOKS LIKE YOUR FENCE...
IS THAT FENCE SIX FOOT ALREADY? YOUR FENCE? THE HOA FENCE? YES, SIR.
BECAUSE, UH, LOOKING AT THE PICTURES, UM, THAT HAVE BEEN PRESENTED, IT SHOWS, UM, THAT THERE'S ACTUALLY, UH, YOUR FENCE IS ABOVE THE OTHER FENCE.
SO THUS THE QUESTION, UM, THAT'S WHAT I WANTED TO DOUBLE CHECK ON THAT.
UM, I WILL AGREE WITH, UH, BOARD MEMBER HAWTHORNE THAT FENCES NEED TO BE ALSO MAKE GOOD NEIGHBORS, UM, BEING IN THAT SITUATION RIGHT NOW.
UH, AND I ALSO TAKE IN ACCOUNT, UH, BOARD MEMBER MCCLELLAN'S POINT OF CONTENTION ON THIS.
UH, WE HAVE A FIRST AND WE HAVE A SECOND FOR A POSTPONEMENT ON THIS.
I WOULD LIKE TO SEE YOU GUYS GET THIS THING WORKED OUT.
UM, I WOULD NOT PERSONALLY GO FOR A 10-FOOT FENCE, BUT I AM WITHIN THE RIGHTS TO SAY YOU CAN GO TO EIGHT FOOT, UH, BECAUSE THAT IS WITHIN THE CODE, BUT YOU DO HAVE TO HAVE A LETTER STATING THAT FROM THE NEIGHBOR THAT THAT IS ACCEPTABLE.
IF Y'ALL CAN'T GET THIS WORKED OUT, THEN
[00:50:01]
I GUESS WE'LL HAVE TO FIGURE SOMETHING ELSE OUT.BUT HE HAS SOME CONCERNS, AND I THINK THEY NEED TO BE TAKEN INTO CONSIDERATION.
SO, UM, SOME DISCUSSION WOULD GO A LONG WAY IN THIS ENTIRE PROCESS.
WE'RE NOT HERE TO SETTLE NEIGHBORHOOD DISPUTES, BUT, UM, IT SURE SEEMS LIKE WE COULD HAVE SOME OPEN COMMUNICATIONS BECAUSE HE WOULDN'T HAVE HAD TO COME ALL THE WAY TO THIS EXTENT AND SPEND THE MONEY THAT HE NEEDED TO, TO COME TO GET A VARIANCE ON THIS, UM, BASED UPON THIS ISSUE IF IT WOULDN'T HAVE BEEN TO BE RESPONS - UH, TO BE SOMEWHAT REAL, UH, CORRECTED, SO TO SPEAK.
OKAY? SO I HAVE A FIRST, I HAVE A SECOND.
DO YOU HAVE ANOTHER QUESTION? OKAY.
EVERYBODY GOOD FOR US POSTPONEMENT UNTIL - I THINK MADAM VICE CHAIR HAS A QUESTION.
I JUST HAVE ONE MORE QUESTION.
I SECONDED THE, THE MOTION, BUT, UM - VICE CHAIR.
I JUST WANTED TO CLARIFY SOMETHING WITH THE, UM, OPPOSITION.
I KNOW, UM, YOU HAD POINTED OUT, OR YOU HAD, YOU KNOW, CLAIMED THE, THE IMAGES WERE INCORRECT.
UM, CAN YOU VERIFY WHETHER THERE IS THAT TWO FOOT DIFFERENCE IN, UH, BASE LEVEL HEIGHT, LIKE THE GRADE, THE GRADE IS ACTUALLY DIFFERENT? 'CAUSE TO ME, I MEAN, THAT ITSELF IS ALREADY A HARDSHIP.
LIKE, I'M SORT OF WITH, WITH, UH, THE CHAIR THAT, LIKE, ALMOST BY RACE, YOU GET AN EIGHT BECAUSE YOU GOT THAT TWO FOOT DIFFERENCE.
OKAY, SO EVEN SIX - OF, OF - GO AHEAD, MA'AM.
OF DIFFERENCE IN THE HEIGHT OF THE YARDS? FROM WHAT I CAN TELL, YES.
BUT THEN THAT DOES, UM, THAT DOES RAISE THE QUESTION OF WHY IS THE...
IF THEY'RE BOTH SIX FOOT FENCES, WHY IS ONE - THERE, THERE'S A SIX FOOT GRADE.
YOU'RE SAYING IT'S ONLY SIX INCHES HIGHER? YES.
WHAT HE'S SAYING IS SEEMS HIGHER, PEOPLE SEEM TALLER, WHATNOT.
I HAVE A PATIO BUILT, WHICH COMES OFF, DIRECTLY OFF MY PATIO THAT IT'S ABOUT SIX, IT'S ABOUT FOUR INCHES ABOVE GRADE, SO I GUESS THAT, THAT ABOVE, WITH THE SIX INCHES ON HIS SIDE, THAT'S ABOUT A FOOT ABOVE HIS FENCE, I GUESS, IF THAT MAKES SENSE.
YEAH, THAT IS, THAT IS JUST VERY DIFFERENT THAN THE DRAWING.
SO WE HAVE KIND OF LIKE A FAT QUESTION HERE OF, LIKE, HOW DIFFERENT IS IT REALLY? 'CAUSE IN THE DRAWING, IT'S TWO FOOT DIFFERENCE AT BASE LEVEL PLUS, LIKE, A FOUR OR FIVE FOOT PATIO.
SO I'M, I'M JUST TRYING TO GET A BETTER...
AND, UH, HOPEFULLY Y'ALL JUST WORK IT OUT, BUT IF YOU, IF AND WHEN, I GUESS WHEN Y'ALL COME UP BACK NEXT MONTH, UM, I WOULD LIKE, THIS IS, I GUESS, MORE FOR THE, THE APPLICANT, BUT I WOULD LIKE SOME CLARIFICATION, MAYBE PICTURES, I DON'T KNOW, SOMETHING...
UH, THERE SEEMS TO BE AN OPEN QUESTION OF HOW DIFFERENT THE HEIGHT BETWEEN THE TWO PROPERTIES ACTUALLY IS.
CAN WE GET THAT PICTURE PUT BACK UP ON THE PRESENTATION, UH, THREE? IT'S ITEM THREE OF THREE.
OKAY, THE, THE ONE THAT SAID B IN THE TOP, AS YOU'RE LOOKING AT IT, WOULD BE YOUR LEFT HAND.
UM, THERE'S A DIFFERENCE RIGHT THERE BETWEEN THE, THE TOP OF THE FENCE ON THE, UH, OPPOSITION SIDE VERSUS THE FENCE ON THE APPLICANT'S SIDE.
THAT LOOKS LIKE IT'S MORE IN ABOUT...
EVEN IN THIS PICTURE, THAT LOOKS LIKE THAT'S MORE THAN, UH, SIX INCHES.
SO I WOULD, I, I WOULD SUGGEST MAYBE A TAPE MEASURE OUTSIDE WHEN YOU DO IT.
AND I WOULD ALSO SUGGEST, YOU KNOW, THIS IS THE SPIRIT OF THE SEASON.
I KNOW THAT YOU'RE ON OPPOSITE SIDES, BUT I HOPE THAT YOU CAN CONVERSE WITH KINDNESS AND GET THROUGH THIS.
I WANNA KNOW WHAT HAPPENED TO COMPATIBILITY STANDARDS AND WHY THERE'S A SET OF CONDOMINIUMS BACKING UP WITHIN - RIGHT.
THAT CLOSE TO A SINGLE FAMILY HOME IN THE FIRST PLACE.
BUT, YOU KNOW, WHAT DO I KNOW? UH, I'M JUST HERE FOR THE PARTY.
SO, UH, I, I SET THE MOTION OUT TO GIVE YOU TIME TO TALK TO EACH OTHER.
I HOPE YOU CAN TRY TO DO THAT WITH KINDNESS.
I MEAN, IF HE'S HAD THIS PROBLEM FOR THIS LONG, UM, MAYBE IT WAS A TENANT OR AN OWNER THAT, THAT WAS IN ONE OF THE OTHER CONDO UNITS, BUT SOMEHOW THERE OUGHT TO BE A WAY TO WORK THIS OUT, WHETHER IT'S THE, THE CONDOS PUTS AN EIGHT-FOOT FENCE ON THEIR STRETCH, IF THERE IS THAT TWO-FOOT DIFFERENCE, OR WHETHER OR NOT HE GETS A 10-FOOT FENCE, OR WHETHER OR NOT WE PLAN A BUNCH OF MOUNTAIN LAURELS.
I DON'T KNOW WHAT THE SOLUTION IS.
I JUST HOPE THAT YOU TAKE THE OPPORTUNITY, AND SORRY, THANKSGIVING'S GONNA BE IN THE WAY, BUT I DON'T THINK HE SHOULD HAVE TO PAY MORE MONEY FOR RE-NOTIFYING WHEN HE'S ALREADY SHELLED OUT WHAT HE HAS.
[00:55:01]
OH, BOARD MEMBER VALENTINE.UM - IT'S THE SHADOW BEHIND YOU.
I ACTUALLY HAD A QUESTION FOR, UM, BOARD MEMBER HAWTHORNE.
YOU MENTIONED THE ORNAMENTAL FENCES, AS LONG AS THEY'RE NOT SOLID, RIGHT, THAT'S A - RIGHT.
AN ORNAMENTAL FENCE WITH VINES COULD BE A SOLUTION TO THE PROBLEM.
JUST WANTED TO CON - IT JUST...
CONFIRM THAT BEFORE WE TAKE OUR VOTE.
WELL, THE MOTION IS TO POSTPONE.
I JUST WANTED TO CLARIFY THAT.
I MEAN, ORNAMENTAL FENCE AND THEN YOU CAN PLANT VINES, YOU KNOW, BUT YEAH, YOU KINDA HAVE TO BE ONE OF THOSE PEOPLE.
I, I PERSONALLY HAVE, UH, PEGGY MARTIN ROSES ON MINE.
SINCE WE'RE DONE, LET'S HAVE A VOTE ON THIS FOR THE POSTPONEMENT ONLY.
BOARD MEMBER MEDINA LIAL? YES.
UH, BOARD MEMBER HAWTHORNE? YES.
UH, BOARD MEMBER, UH, VICE CHAIR SARASTANI? YES.
UH, BOARD MEMBER VALENTINE? YES.
THIS CASE HAS BEEN POSTPONED UNTIL DECEMBER 14TH.
UH, I WOULD ALSO SUGGEST THAT MAYBE A DIFFERENT PICTURE ALSO WITH, UH, SOME TYPE OF ELEVATION CHANGE BETWEEN HIS FENCE AND YOUR FENCE TO SEE WHAT THAT ACTUAL MEASUREMENT IS.
THAT WOULD BE ALSO VERY HELPFUL FOR US, OKAY? SO YOU GET TO COME BACK AND WE GET TO REDO THIS ON DECEMBER THE 14TH, AND THERE WAS NO EXTRA CHARGE FOR THAT, SIR, SINCE YOU'VE ALREADY PAID OUT THE MONEY.
OKAY? SORRY IT'S - GO AHEAD, SIR.
SORRY, IT'S NOT GONNA BE RESOLVED TONIGHT.
YEAH, IT'S NOT GONNA GET RESOLVED TONIGHT.
I'M SORRY, SIR? NO, I'M SORRY.
NO, WE'RE, WE'RE ALREADY DONE.
SORRY, WE'RE JUST TRYING TO HELP YOU ALL - WE'RE TRYING TO WORK THIS OUT.
DOESN'T BODE WELL, DOES IT? JUST SOLVING PROBLEMS. OKAY.
[4. C15-2026-0044 Billy Blackburn for Avery Construction LLC 2106 East 8th Street]
ALL RIGHT, UH, OUR NEXT CASE, C152026, UM, 0044, UH, 2106 EAST 8TH STREET.GIVE ME JUST A SECOND HERE, MR. BLACKBURN, SO I CAN PULL UP YOUR INFORMATION FOR MYSELF.
SO, OKAY, YOU HAVE FIVE MINUTES TO, UH, DO YOUR PRESENTATION, SIR.
UH, GOOD EVENING, CHAIR AND BOARD MEMBERS.
I AM THE AGENT FOR AVERY CONSTRUCTION, LLC, THE OWNER OF 2106 EAST 8TH STREET.
WE'RE ASKING FOR ONE VARIANCE, A SMALL DECREASE IN THE MINIMUM LOT SIZE, SO THIS LOT COULD HAVE TWO UNIT RESIDENTIAL USE, LIKE, USE - UNIT RESIDENTIAL USE, EXCUSE ME, LIKE THE LOTS AROUND IT.
PROPERTY'S LOT 15 BLOCK 22 OF GRANDVIEW PLACE OUTLINED HERE ON THE BLOCK BETWEEN MILL STREET AND PROSPECT AVENUE WITH A 15-FOOT ALLEY AT THE REAR.
THE LOT IS 45 FEET WIDE AND ABOUT 125 FEET DEEP, AND TODAY IT HAS A ONE-STORY HOUSE BUILT AROUND 1920.
THE STANDARD LOT FOR TWO-UNIT USE, UH, CURRENTLY IS 5750.
UH, SEALED 2026 SURVEY MEASURES THIS LOT AT 5627.
THAT'S 122 SQUARE FEET SHORT, ABOUT 2%, AND IT'S THE ONLY THING KEEPING THIS LOT DOWN TO ONE UNIT.
WE'RE NOT ASKING FOR ANY SETBACK, HEIGHT, FAR, OR IMPERVIOUS COVER VARIANCE.
THE TWO UNITS WILL MEET EVERY OTHER SF3 STANDARD.
FOUR PHYSICAL CONDITIONS WORKED TOGETHER ON THIS LOT.
FIRST, ITS SIZE WAS SET BY THE ORIGINAL GRANDVIEW PLACE PLAT RECORDED IN DECEMBER OF 1913, LONG BEFORE TODAY'S STANDARDS.
SECOND, THERE ARE TWO PROTECTED HACKBERRIES, NUMBER 13, ON THE FRONT EAST CORNER, NUMBER 14 ON THE FRONT WEST SIDE.
THE CRITICAL ROOT ZONES OVERLAP ACROSS THE FRONT OF THE LOT AND CONSTRUCTED, CONSTRUCTION IS RESTRICTED INSIDE OF THEM.
UM, THIRD, THE LOT ISN'T RECTANGULAR.
IT'S A SKEWED PARALLELOGRAM, SO THE SIDELINES MEET THE STREET AT ABOUT 97
[01:00:01]
AND 83 DEGREES.AND FOURTH, THERE ARE OVERHEAD UTILITY LINES RUNNING ALONG THE REAR ALLEY, RIGHT WHERE THE SECOND UNIT AND ITS PARKING WILL GO.
SO TOGETHER THESE PUSH THE BUILDABLE ARROWER, BUILDABLE AREA INTO A ANGLED BAND KIND OF IN THE MIDDLE OF THE LOT.
UM, WE TOOK THE OWNER'S CITY APPROVED BUILDINGS FROM ANOTHER PROJECT OVER ON 10TH STREET ABOUT THE SAME SIZE AND PLACED THEM ON THIS LOT.
BOTH UNITS SIT INSIDE THE 20 FOOT FRONT, FIVE FOOT SIDE AND FIVE FOOT REAR SETBACKS.
NOTHING IS BUILT INSIDE THE HALF ROOT ZONES OF TREES 13 AND 14.
IMPERVIOUS COVER IS 39% AGAINST A 45% LIMIT.
BUILDING COVERAGE IS 34 AGAINST 40 AND FLOOR AREA IS JUST SHY OF 3,200 SQUARE FEET, WHICH IS WHAT'S ALLOWED.
SO FOR OUR REASONABLE USE AND HARDSHIP, UH, REASONABLE USE, STANDARD SF3 LOTS HERE HAVE TWO UNITS.
THIS ONE CAN'T ONLY BECAUSE OF THAT 122 SQUARE FOOT SHORTFALL FROM A 1913 PLAT.
ON HARDSHIP, THIS LOT COMBINES THE SHORTFALL WITH PROTECTED TREES ACROSS THE FRONT, SKEWED SHAPE AND OVERHEAD LINES IN THE ALLEY.
MANY NEIGHBORS WERE BUILT OUT BEFORE TREE PROTECTION APPLIED.
THE HARDSHIP COMES FROM THE LAND EXCLUSIVELY.
SO TWO UNITS ON THIS, ON ONE LOT IS ALREADY A COMMON PATTERN OVER HERE.
UM, CITY PERMIT RECORDS SHOW SECOND UNITS DIRECTLY ACROSS 8TH STREET AT 2103, 2107 AND 2109, ALL THE ONES YOU SEE OUTLINED IN RED HERE.
UM, A SECONDARY DWELLING AT 211 EAST 9TH STREET AND A TWO UNIT PROJECT AT 814 PROSPECT, WHICH IS ON THE SAME BLOCK.
THE ONE AT 211 EAST 9TH STREET HAS TWO UNITS ON JUST A 5608 SQUARE FOOT LOT.
ACCORDING TO THE APPRAISAL DISTRICT, THAT'S 142 SQUARE FEET UNDER THE STANDARD, WHICH IS A BIGGER SHORTFALL THAN WHAT WE'RE ASKING FOR VARIANCE ON HERE TODAY.
UM, ALSO IN 2015, THE BOARD ALSO GRANTED A SETBACK VARIANCE AT 2101 EAST 9TH STREET ON THIS BLOCK SO ITS PROTECTED TREE COULD STAY.
HERE ARE SOME PHOTOS FROM ABOUT TWO WEEKS AGO, UH, ON THE LEFT OF THE SUBJECT PROPERTY TODAY WITH THE 1920 HOUSE, YOU CAN SEE A MATURE FREEZE, MATURE TREES OUT FRONT.
UM, SEE THE CITY NOTICE AS WELL.
IN THE MIDDLE IS 2107 EAST 8TH STREET DIRECTLY ACROSS THE STREET WITH A AND B UNITS AND ON THE RIGHT IS OUR LOT.
UM, TO THE LEFT WE HAVE SOME TWO UNIT HOMES AS WELL.
OUR REQUEST CLEARLY FITS WHAT'S ALREADY HERE AND WON'T AFFECT ANY NEIGHBOR'S USE OF THEIR PROPERTIES.
SO IN ADDITION TO THE PREVIOUSLY MENTIONED UH, PROPERTY ON 9TH STREET WITH 142 FOOT VARIANCE, THEN 2021 THIS BOARD ALSO APPROVED A VERY SIMILAR REQUEST AT 1207 TAYLOR STREET.
UM, THAT WAS A SF3NP LOT ZONE JUST UNDER 5750 WHERE PROTECTED TREES LIMITED THE BUILDABLE AREA.
SO WE'VE BUILT SIMILAR UNITS UM, ACROSS EAST AUSTIN.
UH, THIS IS AN EXAMPLE OF THE 2312 EAST 10TH STREET WHICH WE SHOWED YOU THE PLANS FOR HERE.
SO OUR REQUEST IS TO DECREASE THE LOT MINIMUM FROM 5750 TO 5627 TO ALLOW A TWO UNIT RESIDENTIAL U- USE.
UH, WE BELIEVE THE FINDINGS ARE REASONABLE FOR A HARDSHIP AND CHARACTER ARE ALL MET.
HAPPY TO ANSWER ANY QUESTIONS.
UH, ANY OTHER SUPPORT? ANY OPPOSITION? SEEING NONE AT THIS TIME, WE WILL NOW CLOSE THE PUBLIC COMMENT AND OPEN IT UP FOR QUESTIONS.
UH, MR. BLACKBURN, IT'S GOOD THAT YOU REFERENCE THOSE BUT WE DON'T LOOK AT PRIOR CASES AS TO WHAT THEY WERE APPROVED AS.
SO JUST, JUST AS A MEMORY THING FOR YOU.
JUST WE HAVE THAT QUITE A BIT.
WE HAVE TO LOOK AT IT FROM THE MERITS OF ITS OWN CASE.
JUST TO, JUST TO LET YOU KNOW THAT.
ANY QUESTIONS? YES MA'AM, UH, VICE CHAIR.
SO I'M HAVING LIKE SOME HEARTBURN ABOUT THIS ONE AND I FEEL CONFLICTED.
I LIKE THE IDEA OF PUTTING, YOU KNOW, THESE TWO UNITS HERE.
THE PROBLEM I'M HAVING IS THAT THE VARIANCE YOU'RE ASKING FOR IS A VARIANCE SPECIFICALLY ON MINIMUM LOT SIZE, BUT A LOT OF THE HARDSHIPS THAT YOU REFERENCE ARE ABOUT PROTECTED TREES, THINGS LIKE THAT.
THAT STUFF MAKES SENSE FOR LIKE A SETBACK VARIANCE, BUT IT DOESN'T FEEL LIKE IT MAKES A LOT OF SENSE TO ME FOR A MINIMUM LOT VARIANCE, RIGHT? LIKE IF SOMEONE COULD, SOMEONE FROM DOWN THE STREET COMES TO US AND SAYS, "HEY, I'M A FEW HUNDRED FEET SMALLER, SQUARE FEET SMALLER THAN THE REQUIRED SIZE FOR TWO UNITS." WHAT IS REALLY THE DIFFERENCE HERE BETWEEN...
LIKE IS IT ALWAYS THE CASE THAT IF YOU'RE JUST A COUPLE HUNDRED SQUARE FEET SHORT,
[01:05:01]
WE SHOULD JUST GIVE YOU THE VARIANCE? LIKE I'M, I WANT THIS FOR YOU, BUT I'M HAVING TROUBLE, I'M HAVING TROUBLE, UH, GETTING OVER, LIKE GETTING OVER THAT PROBLEM.LIKE WHY IS IT DIFFERENT HERE? WHY SHOULD WE LET YOU BUILD TWO UNITS ON A SMALLER LOT SIZE HERE AND NOT SOMEWHERE ELSE? OF COURSE.
UM, IS NOW MY TIME TO RESPOND? NO, GO AHEAD.
IT'S WHAT THE, THIS IS THE QUESTIONS PORTION OF IT.
UM, SO YEAH, LIKE I SAID BEFORE, IT'S NOT JUST THE, THE SMALL LOT.
IT'S A FEW THINGS THAT ARE WORKING TOGETHER TO CREATE THE HARDSHIP.
UH, THE HARDSHIP WILL BE RESOLVED BY THE VARIANCE THAT REDUCES OUR, OUR LOT MINIMUM SO WE CAN BUILD THOSE TWO UNITS.
AND AGAIN, IT'S NOT THE SIZE OF THE BUILDING THAT, UM, BLOCKS THE SECOND UNIT, IT'S THE LOT AREA.
SO, UM, YEAH, IT'S KIND OF THE COMBINATION OF THOSE FEW HARDSHIPS WORKING TOGETHER THAT CREATE THE BUILDABLE AREA WITHIN OUR SPECIFIC LOT SMALLER THAN WHAT SIMILAR LOTS HAVE IN THE SAME PLAT.
SORRY, MAYBE I'M MISUNDERSTANDING, BUT MY UNDERSTANDING IS THAT THERE'S A MINIMUM LOT SIZE FOR YOU TO BE ABLE TO EVEN HAVE TWO UNITS ON THIS, ON THIS PROPERTY.
SO GET RID OF THE TREES, PRETEND THERE ARE NO HERITAGE TREES, PRETEND THERE'S NO UTILITY LINE ISSUE.
YOU'RE STILL, YOU STILL HAVE THE SAME ISSUE, RIGHT? YOU STILL WANNA BUILD TWO UNITS ON A PIECE OF PROPERTY THAT'S TOO SMALL FOR THEM UNDER THE CODE.
AND I'M, I'M, I'M, I'M NOT S...
I MEAN, I HOPE ONE OF THE OTHER BOARD MEMBERS CAN HELP ME.
LIKE I'M NOT, I'M JUST NOT SEEING HOW I CAN JUSTIFY IT HERE.
IF WE DIDN'T HAVE THOSE OTHER HARDSHIPS, I WOULD STILL BE HERE TODAY ASKING YOU GUYS FOR THE VARIANCE.
UH, WHAT I THINK IS USEFUL TO TAKE NOTE OF IN THIS CASE IS THAT IT IS NOT JUST THE FACT THAT THIS LOT WAS PLATTED WAY BEFORE THESE, UH, REGULATIONS AND STANDARDS EXISTED, BUT THE OTHER PHYSICAL FEATURES OF THAT LOT THAT ADD TO THAT SPECIFIC HARDSHIP.
DOES THAT ANSWER YOUR QUESTION? OKAY.
'CAUSE YEAH, IF WE JUST LET THE TREES DISAPPEARED AND EVERYTHING ELSE, YEAH, I DO STILL THINK THAT WE, WE HAVE A, A CASE TO APPLY FOR THAT VARIANCE HERE JUST TO, UH, ENJOY THE SAME BENEFITS THAT EVERYBODY ELSE IN OUR NEIGHBORHOOD CLEARLY HAS BEEN ENJOYING.
IT'S DEFINITELY LIKE WITHIN THE CHARACTER OF THE, THE AREA AND EVERYTHING.
UM, I'M JUST STRUGGLING TO DISTINGUISH, YOU KNOW, I'M NOT, WE'RE NOT ALLOWED TO GIVE SOMEONE A PRIVILEGE THAT OTHER PEOPLE WITH A SIMILAR LOT DON'T, DON'T ENJOY, RIGHT? SO THAT'S, THAT'S WHERE I'M STRUGGLING A LITTLE.
I THINK PROBABLY THE BE- BEST EXAMPLE WOULD BE THE ONE I MENTIONED, UH, PREVIOUSLY WHERE THEY HAVE ACTUALLY A LARGER SHORTFALL ON THEIR LOT SIZE.
AND, UM, THERE WAS OTHER SIMILAR CASES THAT I SAID, I DON'T KNOW IF I'M ALLOWED TO MENTION THEM, UM, THAT THERE WAS OTHER HARDSHIPS AS WELL, INCLUDING TREES.
SO I, I JUST THOUGH THAT INFORMATION WAS USEFUL.
AND ONCE AGAIN, WE'RE BACK TO, THIS IS WHERE WE END UP WITH A PROBLEM WHERE WE CONSTANTLY END UP WITH PEOPLE MENTIONING OTHER CASES THAT MAY HAVE HAD - YEAH.
BUT WE DON'T HAVE EVERYTHING EXACTLY AS TO WHAT THAT VARIANCE WAS ACTUALLY PROPOSED ON, WHAT, WHAT WITH THE ENTIRE - UH-HUH.
THUS, THE REASON WHY WE HAVE TO LOOK AT THOSE ON A SEPARATE BASIS.
SO, SO, UM, IF YOU'RE THROUGH THERE, VICE CHAIR, I GOT A COUPLE QUESTIONS REAL QUICK.
MIGHT I SOMEHOW - I'M SORRY, MA'AM? CAN I GET IN ON THIS DANCE PARTY? SURE.
SO, IN MY OPINION, THE, THE ISSUE IS THAT THE LOT SIZE IS 5750, AND THE PLAT IS IN, FROM 1913.
SO, UP UNTIL, UH, RECENTLY, IT WOULD'VE HAD TO HAVE BEEN 5750 TO BUILD ONE HOUSE.
SO, HE WOULD'VE NEEDED A VARIANCE REGARDLESS, AND HIS PLAT WAS FROM 1913.
SO, IN MY MIND, THE HARDSHIP IS THE AGE OF THE PLAT, AND THAT IF YOU LOOK IN CONTEXT, BECAUSE I'M A NERD, AND I GOTTA PULL UP GOOGLE AND LOOK AT THE STREET, AND IF YOU LOOK AT THE STREET, THIS ISN'T JUST AN ISOLATED INCIDENT.
THIS IS, THAT STREET IS PRETTY MUCH ALMOST ALL, UM, TWO-FAMILY RESIDENTIAL ON IT.
SO, I, I DON'T SEE THAT HE'S DOING ANYTHING UNUSUAL, AND I THINK THAT THE HARDSHIP IS THE FACT THAT BEFORE THE CITY WAS THE CITY, IN 1913, THERE WAS A PLAT.
AND SO, AND BEING THAT THE RULES HAVE CHANGED, THEN IT BECOME MORE, UM, LIBERAL.
AND BECAUSE THEY'RE MORE LIBERAL, HE WOULD'VE NEEDED A VARIANCE 10 YEARS AGO JUST TO BUILD A HOUSE.
NOW HE NEEDS A VARIANCE TO BUILD TWO RESIDENT - TWO-FAMILY RESIDENTIAL, WHICH IS PRETTY STANDARD DOWN THAT STREET.
UM, I THINK YOU DID GOOD - GOT IT.
THAT'S REALLY HELPFUL, BOARD MEMBER.
AND I THINK YOU DID A REALLY GOOD JOB AND, ON YOUR PRESENTATION, AND I,
[01:10:01]
I GIVE YOU CREDIT FOR COMING UP WITH YOUR 1913 PLAT.UH, AND YOU ALSO MANAGED TO GET THROUGH ALL OF THAT.
I DON'T KNOW IF YOU BREATHED THE ENTIRE TIME.
SO, UH, I'M SURE THAT SOMEBODY ELSE HAS QUESTIONS, BUT I'LL MAKE A MOTION FOR APPROVAL.
WELL, LET ME DO MY QUESTION REAL QUICK.
UH, SO, BASED UPON WHAT I READ, AND I'M VERY S - I'M VERY MUCH A STICKLER ON TRYING TO MAKE SURE WHAT IS IT THAT WE'RE ACTUALLY ASKING FOR, YOU'RE ACTUALLY GOING TO DEMO THE OTHER HOUSE.
IS THAT CORRECT? THAT'S CORRECT.
THAT WOULD HAVE BEEN NICE TO HAVE THAT UP FRONT FOR THOSE OF US THAT ARE CONSTRUCTION GUYS THAT GO, "WE'RE GONNA WIPE OUT THE WHOLE THING AND START ALL OVER." JUST, JUST A POINT OF REFERENCE, WANTING TO MAKE SURE I WAS CLEAR ON THAT.
UM, SO, I AGREE WITH WHAT, UH, BOARD MEMBER HAWTHORNE SAID, BASED UPON...
AND WE'VE ALREADY DONE SOME SMALL, SOME SMALL LOT ISSUES IN THE PAST, BASED UPON BEING ABLE TO BUILD ON THOSE, EVEN FOR SINGLE FAMILY.
WE, WE'VE HAD SOME OF THOSE CASES ON A SEPARATE INCIDENT, BUT THEY WERE AT LEAST SMALL LOT COMING TO BE ABLE TO PUT ON THERE, BASED UPON OLDER REFERENCES.
UM, SO, THAT WAS MY ONLY QUESTION, WAS MAKING SURE THAT IF WE SEE YOU AGAIN, AT LEAST LET SOME OF US KNOW THAT WE ARE GOING TO DO THAT.
IT'S ON ITEM 47 OF THE ADVANCED PACKET UNDER SITE CONDITIONS.
HE HAS TO, UM, THAT THE EXISTING IMPROVEMENTS ARE GOING TO BE REMOVED UNDER A SEPARATE DEMOLITION PERMIT.
WELL, I MUST HAVE MISSED THAT, BUT I WAS LOOKING FOR THE WORD.
WE'RE GOING TO DEMO EVERYTHING AND GO RIGHT OFF THE BAT.
SO, THAT WAS WHAT I WAS LOOKING FOR.
UM, ANY OTHER QUESTIONS? DO I HAVE A MOTION? I GOT IT.
SO, I HAVE A MOTION - DON'T YOU MISS MICHAEL? DON'T YOU MISS MICHAEL? I MISS MICHAEL.
I HAVE A MOTION BY BOARD MEMBER HAWTHORNE SECONDED BY VICE CHAIR THERASTANI.
PLEASE, YOUR FINDINGS, YOUNG LADY.
ZONING REC - REGULATIONS APPLICABLE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE...
THIS IS THE ONE PART THAT I DON'T LIKE IS THE FLIP OVER TO THE OTHER SECTION WHERE EV - ALL THE WORDS AREN'T TOGETHER, IF THAT MAKES SENSE.
SO, SOMETIMES LESS IS A LITTLE BIT MORE FOR ME, JUST FOR NEXT TIME.
SO, UH, LOT 15 WAS CREATED IN THE ORIGINAL GRANDVIEW PLACE PLAT, WHICH WAS, UH, IN 1913, VOLUME THREE, PAGE 17.
AND AS THE SUBDIVISION WAS INTENDED TO PROVIDE FOR SINGLE FAMILY ZONING AND, AND HOUSES THAT WOULD LATER BECOME INTO THE CITY, THIS LOT FALLS SHORT, UH, 122 SQUARE FEET.
AS IT IS A DE MINIMIS ASK, UM, I THINK THAT IT IS A REASONABLE USE TO ALLOW TWO FAMILY RESIDENTIAL ON THAT LOT.
THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY AS IT HAS SOME PHYSICAL CONSTRAINTS AND IN KEEPING THE TREES AND SUCH, IT STILL IS A 1913 PLAT AND IT STILL IS SLIGHTLY SHORT, BUT IT WAS ALWAYS INTENDED FOR SINGLE FAMILY ZONING.
AND NOW THAT WE HAVE CHANGED SINGLE FAMILY ZONING, I THINK IT IS ONLY APPROPRIATE FOR THE 122 SQUARE FEET TO BE CONSIDERED DE MINIMIS.
THE HARDSHIP IS NOT GENERAL AREA IN WHICH THE PROPERTY IS LOCATED, AS WHILE THERE ARE OTHER LOTS ON GRANDVIEW, GRANDVIEW PLACE, THIS ONE IS, IS APPARENTLY, UH, A LITTLE NARROWER BECAUSE MOST LOTS ARE 50 FEET WIDE AND THAT 50 FEET AND THAT FIVE FEET DIFFERENTIAL MAY BE PART OF WHY THIS LOT'S A LITTLE SHORT.
THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTIES.
IT WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED, AS MOST OF THE BLOCK IS, UM, IS TWO FAMILY RESIDENTIAL AND THIS WOULD BE, UM, IN ALIGNMENT WITH THAT, WITH THE, UH, PRESERVATION OF THE MORE MATURE TREES.
IN FACT, IT MIGHT BE EVEN NICER.
AND, AND HE DOESN'T REALLY HAVE A DRAWING BECAUSE HE USED, UM, IMAGES FROM ANOTHER SET OF PLANS.
SO I THINK THAT, UM, THE ONLY CONDITION IS,
[01:15:01]
IS, UH, WITHIN REASON FOR THE TREES TO BE PRESERVED.I MEAN, ACT OF GOD, LIGHTNING, WHATEVER THOSE, THOSE WOULD BE A PAST, BUT KEEPING THE HERITAGE TREES OR THE PROTECTED TREES WOULD BE A PART OF THE VARIANCE APPROVAL OR THE MOTION.
THANK YOU, MA'AM, FOR PUTTING ALL THAT TOGETHER IN THE SPUR OF THE MOMENT.
UH, BOARD MEMBER MEDINA LIAL? YES.
UH, BOARD MEMBER MCCLELLAN? YES.
UH, BOARD MEMBER HAWTHORNE? YES.
UH, BOARD MEMBER VALENTINE? YES.
YOUR VARIANCE HAS BEEN GRANTED, SIR.
THANK YOU FOR YOUR PRESENTATION AND, UH, COMING BEFORE US TONIGHT.
UH, WE'RE GONNA GIVE EVERYBODY JUST A 10-MINUTE BREAK HERE, IF WE CAN.
WE'LL SEE YOU BACK HERE AT, UH, 7:01.
EVERYBODY GETS TO GO HAVE A POTTY BREAK.
[5. C15-2026-0036 Richard T Suttle, Jr. for Erin Booth Derbas 4107 Lakeplace Lane]
OUR NEXT CONTESTANT IS SITTING IN THE HOT SEAT FOR SOME REASON, UM, AND WE WILL GO FROM THERE.SO WE WILL START OFF WITH THIS NEXT CASE HERE, WHICH IS, UH, CASE C1520260036, MR. SUTTLE.
AND I TAKE IT YOU HAVE A PRESENTATION.
I'M HERE ON BEHALF OF THE APPLICANT.
I'M IN THE S - THE, THE LUCKY SEAT.
THE FIRST GUY GOT OFF PRETTY LIGHT, SO I'M GONNA SIT IN THIS SEAT.
THE, THE OTHER TWO GUYS, A LITTLE DIFFERENT.
UM, AND BEFORE I DIVE INTO THE PRESENTATION, THIS ONE'S COMPLICATED.
YOU'LL SEE AT THE END WHY I, I FIND IT INTERESTING, BUT YOU SEE THIS A LOT WHERE MY CLIENT APPARENTLY BOUGHT A PROBLEM THAT THEY DIDN'T KNOW ABOUT.
UM, IT, WE'VE BEEN RESEARCHING IT NOW FOR ABOUT TWO YEARS TRYING TO GET TO THE BOTTOM OF IT.
BUT WHAT HAPPENED, I, I'M GONNA START AT THE, THE END OF THE STORY AND GO ALL THE WAY BACK AND THEN, AND THEN WALK THROUGH THE PRESENTATION.
STOP ME IF I, IF I GET CONFUSING, BECAUSE I WILL.
SO IN 2024, MY CLIENT GOT RED TAGGED FOR A TROLLEY THAT GOES DOWN FROM A HOUSE TO, TO LAKE AUSTIN.
UM, THE, I THINK THE REASON IT GOT RED TAGGED IS BECAUSE YOU REALLY COULDN'T SEE IT UNTIL 2022 WHEN SOME MAINTENANCE WAS DONE ON IT AND SOME OF THE, UH, FOLIAGE AROUND IT WAS CLEARED.
AND TROY, THE LAKE GUY, SAW IT AND SAID, "MAN, I DON'T SEE A RECORD FOR, FOR A PERMIT ON THIS.
YOU NEED TO GO GET THIS FIXED." SO WE'VE BEEN TRYING TO RESEARCH IT AND FIX IT FOR THE LAST TWO YEARS, AND WE JUST ABOUT DECIDED THAT RATHER THAN DO GYMNASTICS, WE'RE JUST GONNA ASK FOR THE VARIANCE AND SEE IF WE CAN GET IT.
AND YOU'LL SEE WHY AS, AS I GET, AS I GO BACKWARDS.
UM, TRAMS OR TROLLEYS OR MECHANICAL ACCESS ALONG THE LAKE WERE BASICALLY PROHIBITED IN 2014.
AND BEFORE THAT, THEY, THEY, THEY HAD A DEFINITION OF 2010, BUT THIS PERMIT GOES WAY BACK BEYOND THAT.
THE FIRST INSTANCE THAT WE CAN FIND A HISTORY ON THIS PARTICULAR MECHAN - ME- MECHANICALIZED ACCESS TO THE LAKE IS IN 2001, MORE THAN, UH, 25 YEARS AGO.
IT SHOWS UP AS A TROLLEY ON TCAD.
UM, BEST WE CAN TELL, THAT'S PROBABLY WHEN IT WAS INSTALLED.
HOWEVER, UH, THERE WAS A BOAT DOCK INSTALLED IN 99, AND HERE'S THE ENTRY.
BEFORE THAT, THERE WERE SEVERAL OWNERS, BUT BEFORE THAT, WILLIE NELSON OWNED THIS PIECE OF PROPERTY.
NOW, I WAS GONNA SPIN A TAIL THAT OVER SOME MEDICINAL BOTANICALS, MAYBE WILLIE CAME UP WITH THIS TRAM DEAL AND BUILT IT,
[01:20:01]
MAYBE WITH PERMITS, MAYBE WITHOUT, BUT WE, WE DON'T KNOW THAT FOR SURE BECAUSE WE CAN ONLY TRACE IT BACK TO 2001.THIS IS A LOT THAT WAS ACTUALLY PLATTED IN 1915.
UH, AND NOW I'LL JUST DIVE INTO THE PRESENTATION.
THAT'S BASICALLY HOW THE LOT LAYS OUT.
THAT'S THE TOP OF THE, OF THE TROLLEY THAT IT'S BEEN THERE AT LEAST 25 YEARS, POSSIBLY LONGER.
YOU CAN SEE IT'S HEAVILY TREED AND IT'S VERY STEEP AS IT GOES DOWN.
THAT'S KIND OF TOWARDS THE BOTTOM OF IT.
YOU COULD SEE WHERE IN ORDER TO GET TO THIS ON A, WITH USING PEDESTRIAN ACCESS, YOU'D BASICALLY BE REPELLING DOWN SOME OF THESE STEEP SLOPES.
AND THEN THIS IS WHERE IT HITS THE BOAT DOCK AT THE BOTTOM.
THERE ARE SOME STAIRS THAT GO DOWN HERE, BUT THEY WEAVE OUT ONTO THE ADJOINING PROPERTY OWNER AND THEN COME BACK IN AS KIND OF A SWITCHBACK.
AND THERE IS AN EASEMENT TO DO THAT, BUT THEY'RE SKINNY, THEY'RE CONCRETE, AND THERE'S OVER 100 STEPS TO DO IT.
THIS JUST SHOWS YOU WHERE THIS, UM, MECHANICAL ACCESS LAYS OUT IN THE GREEN.
THAT'S WHERE IT'S LAYS OUT ON THE LOT.
AND THE VARIANCES THAT WE NEED ARE TO PERMIT MECHANICAL PEDESTRIAN ACCESS IN LAKE AUSTIN ZONE AND TO PERMIT DEVELOPMENT ON A SLOPE OF GREAT, OF, UH, MORE THAN 35%.
THE REASONABLE USE, UH, PORTION OF THIS, IT DOESN'T ALLOW FOR A REASONABLE USE BECAUSE YOU'VE JUST, YOU FLAT CAN'T GET TO IT WITHOUT GOING ON SOMEBODY ELSE'S PROPERTY AND COMING BACK AND YOU, YOU CAN'T GET STAIRS DOWN TO IT.
IT'S, IT'S UNIQUE TO THE PROPERTY IN THAT SOME OF THE LOTS ALONG LAKE AUSTIN HAVE A, A SLIDER SLOPE.
THIS ONE LITERALLY ALMOST HAS, UH, IN SOME INSTANCES, I DON'T UNDERSTAND HOW YOU CAN SAY THIS, BUT THE ENGINEER TELLS ME IT'S 1500% SLOPE, WHICH HE TELLS ME IS 90, 90 DEGREE SLOPE.
I DON'T UNDERSTAND MATH, SO I DON'T GET THAT EITHER, BUT, UM, THE ONLY WAY YOU CAN TRANSVERSE THIS IS TO GO DOWN THIS MECHANICAL SLOPE UNLESS YOU GO OFF ONTO THE OTHER PERSON'S PROPERTY.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH IT'S LOCATED BECAUSE THERE ARE OTHER AREAS ALONG THE LAKE THAT HAVE A MORE FRIENDLY WAY TO GET DOWN TO THE LAKE.
THIS ONE JUST HAPPENS TO BE ALONG A VERY STEEP AREA.
IT WON'T AFFECT THE AREA CHARACTER BECAUSE BASICALLY YOU CAN'T SEE THIS.
WHEN YOU GO BACK TO THE, UH, PICTURES, WHICH WE'LL, WE'LL END UP WITH, IT'S, IT'S NOT GONNA AFFECT ANYBODY NEARBY.
IT'S, IT'S NOT GONNA ALTER THE CHARACTER.
AND IN FACT, OUR NEXT DOOR NEIGHBOR HAS A TRAM.
THAT IT? YOU GOT W- WRAP IT UP IN ONE MORE MINUTE? ARE YOU DONE? I'M DONE.
ANY, UH, SUPPORT? ANY OPPOSITION? UH, SEEING NONE, WE WILL NOW CLOSE THE PUBLIC COMMENT AND OPEN IT UP FOR QUESTIONS.
WHO'S GOT THE FIRST ONE? I GOT ONE OVER HERE.
SO WE ALL, TRAMS ARE NOT WILDLY POPULAR.
IS YOUR INTENTION TO KEEP THIS TRAM AS IT IS, OR ARE YOU RENOVATING THE TRAM? NO, KEEP IT AS IS.
IT WAS ACTUALLY RENOVATED, I THINK, IN 2022.
THAT'S PROBABLY WHAT GOT US IN TROUBLE.
DOES ANYBODY ELSE HAVE ANY QUESTIONS? WELL, YOU ANSWERED MY ONE QUESTION THAT I HAD, UH, WAS, UH, YOU KNOW, WHEN WAS IT INSTALLED, WHICH YOU'VE ANSWERED THAT.
UM, AND I GUESS YOU'VE DONE THE RENOVATION ON IT.
UM, I DO HAVE ONE OTHER QUESTION.
DOES ANYBODY ELSE INSPECT THE TRAMS SINCE THIS IS A NEW, NEW WORLD FOR ME ON THIS? IS THERE ANY OTHER TYPE OF INSPECTIONS ON TRAMS? NOT THAT I'M TRYING TO PUSH FOR ONE, I'M JUST ASKING THE QUESTION.
I, I DON'T WANNA SEE SOMEBODY ELSE HAVING TO HAVE ANOTHER PERMIT FOR SOMETHING THAT, UM, THAT'S ON THEIR PRIVATE PROPERTY.
SO IT'S ALREADY BEEN RE - IT'S ALREADY BEEN RENOVATED, COMPLETELY GONE BACK THROUGH, SO NO QUESTIONS ABOUT SAME FOOTPRINT, ANYTHING ELSE.
AND SO - WE'RE HAPPY TO LIMIT IT TO THE, JUST WHAT'S OUT THERE TODAY.
OUR DEAL WITH THE INSPECTOR WAS WE'LL GO FIGURE OUT IF THERE WAS A PERMIT.
IF THERE WASN'T, WE'LL GET ONE.
WELL, I, I'M NOT SAYING THEY'RE, I'M JUST ASKING THE QUESTION.
I'M ASSUMING THAT YOU, KNOWING THIS CITY AND THE WAY THAT THEY LIKE TO PERMIT THINGS, UM, WE WILL GO FROM THERE.
DO I HAVE A MOTION? I'LL MAKE A MOTION FOR APPROVAL IN THE EXISTING CONFIGURATION TO REMAIN.
DO I HAVE A SECOND? OH, WE HAVE A QUESTION OVER HERE.
[01:25:01]
MR. SETTLE, H - YOU MENTIONED THE NEXT DOOR NEIGHBOR HAS ONE OF THESE TRAMS? YES.UM, HOW O - HOW COMMON ARE THESE TRAMS IN THIS GENERAL AREA, DO YOU KNOW? I MEAN, ARE THERE, UM, IS IT MULTIPLE TRAMS? YOU KNOW - NOT COMMON.
I'M NOT REAL FAMILIAR WITH THIS STRETCH OF THE LAKE.
I KNOW ON AREAS WHERE IT'S VERY STEEP, TRAMS ARE ABOUT THE ONLY WAY YOU CAN DO IT.
UM, I DON'T KNOW IF THAT ANSWERS YOUR QUESTION OR NOT, BUT - YEAH.
YOU JUST DON'T KNOW THE NUMBER.
I, YOU JUST MENTIONED THE NEXT DOOR NEIGHBOR HAD ONE, SO I WAS WONDERING, IS IT LIKE A VERY COMMON THING? YEAH.
AND I DON'T WANNA GET ANYBODY IN ANY TROUBLE, BUT HE, HE'S GOT ONE BECAUSE HIS PROPERTY IS VERY SIMILAR TO OURS.
I'M TRYING TO FIGURE THAT OUT MYSELF.
WELL, I, I'VE GOT THE MAN RIGHT THERE THAT CAN EXPLAIN IT IF YOU WANT, BUT I, IT'S BORING, I'LL TELL YOU.
NO, I'VE, I'VE DONE A LOT OF SURVEYING IN MY TIME AND BEEN AROUND THIS BUSINESS QUITE A LONG TIME.
I, I'M JUST LOOKING AT A 1500 DEGREE ANGLE.
I'M GOING, OKAY, HOW THE HELL COME UP WITH IT? NO, NO, IT'S 1500%.
I HAVE A SECOND FROM BOARD MEMBER ABDULLAH.
ANY MORE QUESTIONS? ANY QUESTIONS FROM THE OFFSITE GALLERY THAT WE REALLY MISS YOU GUYS? OKAY.
REASONABLE USE, ZONING REGULATIONS APPLICABLE PROPERTY DO NOT ALLOW FOR REASONABLE USE.
GONNA HAVE TO THINK ABOUT THIS ONE FOR A SECOND.
SHORELINE SETBACK AREA RESTRICTIONS AND ADDITIONAL DEVELOPMENT STANDARDS BASED ON SLOPE ARE ONLY APPLICABLE TO PROPERTIES LOCATED IN THE LA DISTRICT.
WITHOUT THE VARIANCE, THE PROPERTY OWNER WOULD NOT HAVE ACCESS TO ALL AREAS OF THE PROPERTY FOR THIS EXISTING TRAM AND ITS EXISTING CONFIGURATION.
THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY.
I AM NOT SAYING 1500% IN THE MICROPHONE, SO JUST FORGET THAT.
THE TOPOGRAPHY OF THE PROPERTY BETWEEN THE ROSES AND LAKE AUSTIN IS SLEE - STEEPLY SLOPED AND TREED, AND AS THE, UH, TRAM IS ALREADY IN EXISTENCE, IT WOULD PROBABLY DO MORE ENVIRONMENTAL DAMAGE TO REMOVE IT THAN AS, THEN THERE WOULD BE A STRIP GOING DOWN TO THE LAKE, WHICH WOULD THEN MAKE THINGS A LOT WORSE.
AND AS IT IS EXTREMELY DIFFICULT TO ACCESS THE PROPERTY WITHOUT THE TRAM, I BELIEVE THAT THAT IS, UH, A UNIQUE CONDITION.
THE HARDSHIP IS NOT GENERAL IN THE AREA IN WHICH THE PROPERTY IS LOCATED AS NOT ALL PROPERTIES ALONG THIS PORTION OF THE LAKE HAVE SUCH A SHEER VERTICAL CLIFF VERS- VERSUS A SLOPE.
AREA CHARACTER, THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY WILL NOT IMPAIR THE USE OF ADJACENT CONFORMITY PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED AS THESE VARIANCES WOULD NOT ALTER ANYTHING AS THE TRAM IS IN EXISTENCE.
IT'S HEAVILY TREATED AND NOT VISIBLE PRETTY MUCH FROM ANYWHERE OTHER THAN THE EAGLE EYE INSPECTOR.
UH, AND SO I THINK THAT IT WOULD JUST BE IN CHARACTER WITH THE PROPERTY, THE END.
SO YOU'RE GONNA MAKE THAT EAGLE EYE INSPECTOR PART OF THE...
UH, YOU KNOW, YOU COULD DELETE THAT PART.
UM, DO YOU WANT A DRAWING PAGE THERE, ELAINE, OR ARE WE JUST, ARE WE GOOD? LET ME SEE.
DO WE NEED TO PUT THE PLAT IN THERE? I DON'T, I THINK WE'RE PROBABLY GOOD WITH THAT.
I, I THINK, UH, I THINK IF YOU WERE GONNA NEED SOMETHING TO REFERENCE, IT WOULD BE, UH, UH, THE, IT'S REALLY, UH, SHEET 14 OF 18 OF THE ADVANCE PACKAGE THAT JUST SHOWS THE HIGHLIGHTED AREA OF THE TRAM.
NO EXPANSION, EXISTING TRAM TO RE OKAY.
[01:30:02]
IS THE CONDITION.YOU GOOD, MS. MS. ELAINE? YEP.
I STILL THINK IT WORKS FOR ME.
I COULDN'T, COULDN'T TELL WHETHER OR NOT YOUR HEAD WAS YES, I, I'M GOOD OR NOT, SO THERE.
SEEING THE MOTION, I WILL TAKE A VOTE ON THAT.
WELL, LET'S GO BACKWARDS FOR ONCE.
UH, BOARD MEMBER ABDULLAH? YES.
BOARD MEMBER MEDINA LEAL? YES.
UH, BOARD MEMBER EL HARBOR? YES.
AND MYSELF, JEFFREY BOWEN, YES.
UM, AND - WHAT ABOUT YOUNG JIM? OH, DID I MISS KIM? YES, MA'AM.
I THOUGH, NO, I MESSED UP SOMEWHERE.
NOW YOU MAY LEAVE THE HOT SEAT, SIR.
YOU HAVE YOUR VARIANCE BEEN GRANTED.
THANK YOU, MA'AM, FOR CATCHING ME ON THAT.
[6. C15-2026-0037 Shesh Aandahl for Soren Aandahl 714 Post Oak Street]
WE HAVE ONE MORE CASE.SOMEBODY ELSE GET THEIR MOTION, JUJU GOING? I THINK WE'VE SEEN THESE YOUNG PEOPLE HERE BEFORE, ONE TIME BEFORE.
CASE NUMBER C152026-0037714 POST OAK.
HOW ARE YOU GUYS AGAIN? HI, BACK AGAIN.
ARE Y'ALL READY FOR YOUR PRESENTATION? UH, ARE YOU EVER READY FOR THIS?
MY NAME IS SHESH ANDAL, AND THANK YOU FOR GIVING US ANOTHER OPPORTUNITY TO CHAT WITH YOU.
UM, WE'RE GONNA TALK ABOUT HARDSHIPS.
THE SUBJECT PROPERTY HAS SEVERAL SIGNIFICANT PHYSICAL, TOPOGRAPHICAL, AND RESTRICTIVE LIMITATIONS WHICH CREATE HARDSHIPS FOR MODIFYING THIS HOUSE.
THE FOLLOWING IS A LIST OF THE PHYSICAL HARDSHIPS THAT DENY REASONABLE USE OF THE SUBJECT PROPERTY.
NUMBER ONE IS LOTS, NOT, IS THE LOT IS SMALL.
NUMBER TWO, THE LOT IS SUBJECT TO BOTH THE CITY OF AUSTIN 25-YEAR AND 100-YEAR FLOODPLAIN REGULATIONS.
THESE RESTRICTIONS AND REGULATIONS HAVE STRICTLY LIMITED THE ENTIRE LOCATION OF THE CURRENT HOUSE, LEAVING NO ROOM FOR ADDITIONAL LOT COVERAGE.
UM, IF WE COULD GO TO, UM, PHOTO NUMBER FIVE.
AND PHOTO NUMBER FIVE IS A MAP OF THE FLOODPLAIN.
PHOTO NUMBER FIVE IS A FLOODPLAIN AND...
AND THIS MAP IS OF THE PROPERTY AND THE PORTION OF THE PROPERTY THAT YOU SEE AT THE, UH, THE DARKER AREA IS A 100% FLOODPLAIN AREA.
IT IS UNUSABLE AND UNBUILDABLE.
THE REST OF THE PROPERTY, WHICH IS A KIND OF PEACHY LOOKING THING, UM, IS, UH, THE ENTIRE LOT IS SUBJECT TO, THAT PART IS IN SUBJECT TO 25% FLOODPLAIN RESTRICTION.
SO, AH, THE WHOLE PROPERTY IS RESTRICTED BY THE FLOODPLAIN REGULATION.
NUMBER THREE, A SIGNIFICANT PORTION OF THE REAR, UH, LOT AREA IS RESTRICTED BY THE CITY OF AUSTIN DEDICATED, UH, DRAINAGE EASEMENT.
LET'S LOOK AT THE, UH, PHOTO NUMBER...
THE, UM, THIS EASEMENT COVERS OVER 800 SQUARE FEET, AND I'M GONNA HAVE TO SHOW YOU THE PRETTY PINK ONE I DID.
I SHOULD'VE GIVEN IT TO YOU, BUT HERE'S THE PRETTY PINK ONE.
CAN YOU, CAN THE ONES THAT ARE HERE SEE IT? NO.
UM, I, I'M SORRY, BUT THE WHOLE AREA FROM THE BACK, THE BACK WHERE IT HAS THAT, UM, THE, THE FIRST LINE AND FROM THE FIRST LINE TO THE VERY, THE CORNER IS RESTRICTED BY THE DRAINAGE EASEMENT.
[01:35:03]
UM, THIS EASEMENT COVERS OVER 800 SQUARE FEET OF THE PROPERTY WITH A WHOLE LONG LIST OF RESTRICTIONS AND NO CAN-DOS.CERTAINLY NO BUILDING FOR SURE.
NO FLOWER BEDS, NO TREES, NO FANS, RESTRICTIONS ON EVERYTHING, MAYBE NOT GRASS.
THIS AREA IS TOTALLY UNUSABLE.
OH, WHERE DID THAT GO? WHERE? OH, THIS BEACH IS UNDER HERE BURIED? SORRY.
HAVE I USED UP MY WHOLE FIVE MINUTES? MUST BE IN HERE, HE SAYS.
AND THERE'S YOUR LETTER FROM BOLDEN CREEK.
SO, UH, NUMBER, UM, FOUR IS A LOT HAS AN UNUSUAL AND SIZABLE TOPOGRA - BRAC - TOPOGRAPHICAL AREA WHERE THERE IS A STEEP DROP-OFF AT THE REAR OF THE SUBJECT LOT THAT SIGNIFICANTLY RESTRICTS THE USE OF LOT.
PLEASE LOOK AT PHOTO NUMBER FOUR.
PHOTO NUMBER FOUR SHOWS YOU...
YOU SEE THE BALCONY WAY UP THERE AT THE TOP? THAT'S A BALCONY WE'VE BEEN TALKING ABOUT.
THIS IS A VERY STEEP, SLOPED AND DANGEROUS DROP ON THE BACKYARD OF THE PROPERTY.
THIS IS A GEOGRAPHICAL AND PHYSICAL HARDSHIP THAT TOTALLY BLOCKS ALL FUTURE DEVELOPMENT.
NUMBER FIVE, NOT ON THE PRESENTATION.
PHOTO NUMBER THREE, PHOTO NUMBER THREE SHOWS, UM, TWO PROTECTED TREES THAT ARE CIRCLED ON THE BACK REAR AND ON THE FRONT.
THAT SHOWS THE TWO PROTECTED TREES THAT ARE RESTRICTED, THE PLACEMENT OF THE ORI - HAVE RESTRICTED THE PLACEMENT OF THE ORIGINAL HOUSE.
ONE IS DEAD, THE OTHER IS RESTRICTED.
UM, THERE, HE'S TELLING ME GO TO THE LETTER BECAUSE I'M RUNNING OUT OF TIME.
CAN I FINISH THIS PART OF IT OR DO I HAVE TO...
WHAT'S THAT? YEAH, YOU CAN - I WOULD GO FOR THE LETTER.
SO THE MOST IMPORTANT, PROBABLY ONE OF THE MOST IMPORTANT THINGS IS THAT THE, UH, BOARD OF, THE BOARD OF, UM, THE BOLDEN CREEK NEIGHBORHOOD ASSOCIATION GAVE US SOME REALLY GOOD NEWS AND HAS TOLD US THAT THEY HAVE FORMALLY REVIEWED OUR ARCHITECTURAL PLANS AND HAVE GIVEN THIS PROJECT UNANIMOUS ENDORSEMENT.
ANY OTHER SUPPORT? ANY OPPOSITION? OKAY.
SEEING NONE, UH, WE WILL NOW CLOSE THE PUBLIC COMMENT AND OPEN IT UP FOR QUESTIONS.
VICE CHAIR, YOU GOT ANY QUESTIONS? YES, MA'AM.
UM, I FEEL LIKE THIS IS MY THEME TONIGHT.
BUT, UH, SO Y'ALL ARE LOOKING TO INCREASE THE SQUARE FOOTAGE THAT YOU'RE ALLOWED, CORRECT? YES.
FROM 2300 TO 2800 OR SOMETHING LIKE THAT.
500 SQUARE FEET MORE, RIGHT? YES.
THE HARDSHIPS, THE HARDSHIPS THAT YOU'VE PRESENTED ARE ABOUT WHERE YOU COULD PUT THAT SPACE, RIGHT? YOU CAN'T EXPAND THE FOOTPRINT OF THE HOUSE, RIGHT? YES, THAT'S RIGHT.
BUT THE REAL QUESTION IS, WHY, WHY IS 2300 NOT ENOUGH, RIGHT? LIKE, WHEN THE HOUSE WAS BOUGHT, BUILT, WHATEVER, THAT WAS THE LIMIT.
WHY ARE Y'ALL NEEDING 500 SQUARE FOOT? WHY ARE YOU NEEDING THAT EXTRA SPACE? I THINK THAT HEIDI CAN, UH, TALK ABOUT THIS, BUT THE PERMIT WAS UNDER A DIFFERENT PERMIT ALTOGETHER.
SO THE ATTACHED GARAGE WAS 234 IN THE ATTIC SPACE, WHICH IS NOT NORMAL SPACE.
IT'S, IT'S, UM, YOU KNOW, NOT COMPARED TO OTHER SPACE, I DON'T BELIEVE, BECAUSE IT'S, UH, DEFICIENT.
SO THE DIFFERENCE OF WHAT WE'RE ASKING IS ACTUALLY 183 SQUARE FEET.
SO YOU'RE SAYING THERE'S 403 SQUARE FEET THAT'S CURRENTLY COUNTED TOWARD YOUR, YOUR SQUARE FOOTAGE THAT SHOULDN'T COUNT? IS THAT WHAT YOU'RE SAYING? THE, THE PROJECT WAS ORIGINALLY PERMITTED, I DON'T KNOW WHAT, HOW MANY YEARS AGO, UNDER SUBCHAPTER F, THE MCMANSION REQUIREMENTS, AND THAT HAD THAT 2,300 SQUARE FOOT CAP, AND THEN THERE
[01:40:01]
WERE SOME EXEMPTIONS.THE GARAGE WAS EXEMPTED AND THE ATTIC SPACE WAS EXEMPTED.
AND NOW UNDER THE SMALL LOT RULES, SUBCHAPTER F IS TOSSED OUT THE WINDOW, SO THAT SQUARE FOOTAGE COMES BACK IN AND THEN THE - I SEE.
ENCLOSED BALCONY THAT WE'RE LOOKING TO ADD IS 218, IF I'M LOOKING AT MY SITE PLAN.
AND REMIND ME, REMIND ME OF THE STORY.
SO Y'ALL GOT THE PERMIT BACK WHEN IT WAS ALLOWED, BUT THEN YOU DIDN'T MOVE FORWARD WITH THE PROJECT? IT'S STILL - OH, THE PERMIT...
I WASN'T INVOLVED IN THE PERMIT.
THE, THE PERMIT WAS TO BUILD THIS HOUSE ON THIS LOT.
THERE WAS ANOTHER HOUSE THAT WAS REMOVED, AND SO THIS HOUSE WAS BUILT UNDER PERMIT, UNDER SUBCHAPTER F AND WAS ALL GOOD, AND NOW JUST LIFE CHANGES AND, UH - GOT IT.
THEY'RE KINDA LOOKING TO TAKE ADVANTAGE OF THE SECOND FLOOR BALCONY THAT'S UP IN THE AIR TO KIND OF ENCLOSE THAT.
SO YOU'RE SAYING UNDER THE RULES BACK WHEN THE HOUSE WAS BUILT, THAT EXTRA 400 SQUARE FEET SHOULDN'T COUNT, BUT UNDER THE RULES AS THEY EXIST NOW, IT COUNTS.
AND YOU'RE TRYING, AND YOU'RE TRYING TO GET ANOTHER 500...
YEAH, THIS ONE'S LIKE A, LIKE ALMOST LIKE A PHILOSOPHICAL QUESTION TO ME, LIKE, LIKE...
I, I THINK, UH, AND OF COURSE THE RESIDENTIAL DESIGN AND COMPATIBILITY COMMISSION DOESN'T EXIST ANYMORE, BUT THIS WOULD'VE BEEN A PERFECT CASE FOR THEM.
UM, AND OF COURSE THEIR WATCHWORD IS COMPATIBILITY, AND I THINK THAT'S A BIG POINT BECAUSE THIS THING IS NOT...
IT'S ON THE BACK OF THE HOUSE AND IT'S BEHIND THE ROOF AND THE BOLDEN NEIGHBORHOOD, UH, BOLDEN CREEK NEIGHBORHOOD FOLKS, UH, THINK THAT IT'S COMPATIBLE, BUT - UH-HUH.
WE, WE'D RATHER BE BEFORE THAT COMMISSION.
FAR AS EASY, AS FAR AS HARDER TO PROVE, UM, BUT YOU DID GET CAUGHT BETWEEN MCMANSION AND NOW THIS SMALL LOT, AND SO YOU HAD EXEMPTIONS THAT DON'T EXIST, AND NOW HERE YOU ARE.
UH, BUT THE REQUEST DOES FALL WITH THE, UH, THE, UH BASE AREA.
CAN YOU GET TO THE MICROPHONE, MA'AM, SO WE CAN HEAR YOU? I THINK, I THINK THEY'RE - RIGHT.
IF YOU READ THAT CODE SECTION, I- IT'S JUST THAT, IT'S THAT LAST LITTLE 20...
IT'S A, IT'S A ITEM D BECAUSE WE DO...
IT SAYS, IT, IT GIVES YOU, IT GIVES, IT OPENS THE DOOR AND SAYS.
55% IS ALLOWED, AND WE ARE AT THAT POINT WHERE YOU DESIGNED THIS VERY SPECIFICALLY TO COMPLY WITH THAT.
WE, WE WERE, WE WERE GONNA DO SOME OTHER THINGS, BUT WE PULLED BACK, UM, AND, UM, BUT IT'S THAT 2,300 SQUARE FOOT KIND OF WHERE I, WHY...
I, I DON'T, I, I CAN'T FIGURE OUT WHY THAT'S THERE.
RIGHT, BECAUSE IT, IT KIND OF...
I, I, I SPENT SOME TIME RUNNING THE NUMBERS AND YOU HAVE TO HAVE A REALLY S...
JUST THE WAY THE NUMBERS WORK, UM, IT, IT'S A, IT'S A VERY STRANGE CAP.
55 HAS BEEN ENDORSED FOR TWO FAMILY USE THROUGHOUT THE CITY.
UM, PEOPLE ARE DOING IT EVERY DAY, UM, BUT FOR SOME REASON ON THIS LOT, IT, IT, IT'S, IT'S...
WE'RE, WE'RE, WE'RE RUNNING INTO A, A JAM.
YEAH, BECAUSE I, UM, I HAD A ORIGINAL QUESTION ON THIS BEFORE BECAUSE BASED UPON THE 2300 THAT WAS, IS WHAT IT'S CALLING FOR NOW, EVEN LOOKING AT, YOU WERE SITTING AT 2,668 FEET PRIOR TO THAT, BUT THEN AGAIN, YOU JUST SAID BECAUSE OF SUBCHAPTER F, THEY WERE COUNTING OTHER THINGS.
OKAY, SO YOU ANSWERED MY QUESTION FROM THE OTHER, FROM THE LAST TIME Y'ALL WERE HERE.
UM, SO WE HAVE A CONFLICT BETWEEN WHAT WAS VERSUS WHAT IS NOW.
SO THAT ANSWERED MY QUESTION THAT I ACTUALLY HAVE.
ARE THERE ANY OTHER QUESTIONS THAT YOU CAN DO? I MEAN, MY QUESTION'S MORE FOR THE REST OF THE BOARD.
IF WHEN YOU BUY A PROPERTY, THE LAW IS ONE THING, AND YOU WANNA DO SOMETHING THAT'S NOW NOT ALLOWED UNDER THE NEW RULES, DO WE CONSIDER THAT A HARDSHIP? LIKE, I'M...
I GET, I GET WHY YOU WANT THE SPACE.
SOME- SOMEWHAT I WOULD CONSIDER THAT A HARDSHIP BECAUSE, YOU KNOW, YOU WENT IN UNDER A SET OF RULES, YOU HAD SOME EXEMPTIONS THAT...
AND HERE, IT EVEN ALLOWS UP TO 0.55 IN THE ACTUAL CODE LANGUAGE, BUT THEN IT, IT - TAKES IT AWAY.
IT THEN TAKES IT AWAY AT THE END.
SO IT, AND IT'S ALMOST LIKE THE MINIMUM THAT YOU COULD GET UNDER MCMANSION
[01:45:01]
WAS THE 2300.AND NOW, THAT'S SAYING IT'S THE MAXIMUM, AND IT'S THROWN IN AT THE END OF THE CODE SECTION.
AND SO, IF THEY MEET THE 0.55, AND IT...
SO, FAR IS ABOUT MASSING AND WHAT IT IS THAT YOUR NEIGHBORS SEE.
AND AS THIS IS BEHIND THE HOUSE IN SUCH A STRANGE TOPOGRAPHIC AREA BEHIND THE ROOF, IT'S NOT A MASSING ITEM THAT ACTUALLY, AREA CHARACTER-WISE, ALTERS.
AND I THINK JUST BECAUSE THEY HAD EXEMPTIONS THAT NOW THEY DON'T, AND, AND THE CODE ACTUALLY SAYS.
55, BUT THEN ROLLS IT BACK, IT'S KIND OF AN ODD ONE.
IT'S ACTUALLY A LANGUAGE ISSUE.
YOU'LL NEVER HAVE THIS CHANCE AGAIN.
NO ONE'S EVER - I DON'T THINK I'VE EVER SEEN...
AND, YOU KNOW, I'VE SEEN QUITE A FEW THINGS TO HAVE MCMANSION AND THEN HAVE THIS SWITCH OVER LIKE THIS, THIS...
WELL, THE FACT THAT YOU'RE TAKING THE EXISTING PORCH AND NOW YOU'RE GOING TO ENCLOSE IT, YOU KNOW, I KIND OF LOOK AT IT AS SAYING, OKAY, UM, IT'S ON THE BACKSIDE.
YEAH, THERE'S A, THERE'S A CONFLICT BETWEEN WHAT WAS, WHAT IS, AND NOW WE'RE JUST TAKING IN, JUST TAKING OUTSIDE SPACE, UH, THAT YOU'RE USING AND NOW YOU'RE GONNA AIR CONDITION IT.
I DON'T REALLY HAVE A PROBLEM, BUT IT'S - CLEAN UP AISLE NINE.
I'M SORRY, MA'AM? CLEAN UP, AISLE NINE.
AND I THINK WE'VE EVEN DISCUSSED OVER THE LAST COUPLE YEARS THE AMOUNT OF, UH, ISSUES THAT WE'RE GOING...
THAT WE'VE BEEN, UM, HAVING WITH, JUST LIKE THE EARLIER ONE ABOUT SIZE OF THE LOTS AND GOING FROM THERE.
UH, ANY OTHER QUESTIONS FROM? ALL RIGHT.
WELL, I'LL, UH, I'LL PROVIDE BOARD MEMBER HAWTHORNE SOME RELIEF AND MAKE A MOTION TO APPROVE THIS ONE.
NOW WE'LL SEE IF I CAN STUMBLE THROUGH THESE, UH, THESE FINDINGS.
ANY OTHER QUESTIONS FROM ANY OTHER BOARD MEMBERS? OH YEAH, ANY OTHER QUESTIONS? OKAY.
UM, THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE, UM, BECAUSE OF A CHANGE IN THE REGULATIONS, UM, FROM BACK WHEN THE CONSTRUCTION WAS FIRST PERMITTED, UM, TO NOW.
UH, AND THE SUBJECT PROPERTY IS SMALL.
UH, THERE ARE ALSO A NUMBER OF OTHER CONSTRAINTS, INCLUDING, UH, THE FACT THAT THE LOT IS PARTIALLY IN A 25-YEAR AND 100-YEAR FLOODPLAIN.
UH, THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT THE OWNERS HAVE BEEN KIND OF CAUGHT BETWEEN, UM, SOME CHANGING CODE THAT DIDN'T REALLY MAKE MUCH SENSE FOR THIS LOT.
UM, AND THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED, UM, BECAUSE, UH, THE LOTS IN THE AREA HAVE NUMEROUS VARIATIONS, UM, AND THIS ONE HAS SOME UNIQUE CONSTRAINTS.
UM, IMPORTANTLY, THE ADDED, UH, SQUARE FOOTAGE WILL BE IN THE BACK AND HIDDEN FROM NEIGHBORS.
UM, SO IT'S NOT GOING TO BE VISIBLE FROM ADJACENT PROPERTIES, UH, WITH THE EXCEPTION OF ONE SMALL SECTION FACING ONE NEIGHBOR.
IT'S NOT REALLY DE MINIMIS, BUT THE FACT THAT THEY'RE, UM, JUST ENCLOSING AN EXISTING PATIO SPACE MAKES IT, UM, A REASONABLE ASK.
I LIKE THE END BECAUSE THAT WAY Y'ALL KNOW THAT I'M DONE KIND OF - THAT'S RIGHT.
TRYING TO WEAVE MY WAY THROUGH.
I DIDN'T LIKE EVERYBODY'S LIKE, "SHE DONE? SHE DONE." YEAH.
WE WILL NOW TAKE A VOTE ON THIS AND WE'LL GO FROM THERE.
I HAD ONE QUESTION, MAYBE A CONSTRUCTION QUESTION.
NOW THAT IT'S ENCLOSED, IS THERE ANY ISSUES THAT THE FOUNDATION OR THE PIERS ARE GONNA BE ABLE TO WITHSTAND? WE, WE'VE, WE'VE ALREADY HAD STRUCTURAL ENGINEERS LOOK AT IT.
WE'RE GONNA REFRAME THE FLOOR, BUT THE, THE...
THERE'S LIKE EIGHT BY EIGHT STEEL POSTS BACK THERE WHERE WE'RE...
YEAH, AND DRI - AND DRILLED PIERS.
WE'RE, WE'RE NOT, WE'RE LEAVING THAT THERE.
SO THERE'S NO ISSUES OF, UM - NO ISSUE.
THE CONSTRUCTI - THAT'S A GOOD QUESTION FOR CONSTRUCTABILITY.
THAT'S A STRUCTURAL ENGINEER QUESTION THAT SAID YOU'VE ALREADY HAD THAT CHECKED OUT, HOPEFULLY.
[01:50:01]
YOU STILL HAVEN'T GOT IT PERMITTED, SO - YEAH.SO WE'LL NOW TAKE A VOTE ON THIS.
UH, BOARD MEMBER MEDINA LIAO? YES.
AND THIS WAY I DIDN'T MISS MS. KIM THIS TIME.
UH, BOARD MEMBER HAWTHORNE? YES.
UH, BOARD MEMBER ABDULLAH? YES.
UH, VICE CHAIR SARASTANI? YES.
UH, BOARD MEMBER VALENTINE? YES.
YOUR VARIANCE HAS BEEN GRANTED.
HOPEFULLY YOU LEARNED SOMETHING FROM THIS FROM THE LAST.
ARE YOU? OH, YOU ARE NOT IN NEXT WEEK.
OH, THAT MEANS YOU'RE GONNA FILL OUT AN APPLICATION FOR MORE OF ADJUSTMENT? WE HAVE AN OPENING.
WELL, GLAD YOU GUYS GOT, GOT TO COME BACK AND, UH, GO BACK THROUGH THIS PROCESS AGAIN.
UH, LET ME FIND MY AGENDA WHEREVER THE...
IT'S UNDER THAT, THAT RIGHT THERE.
SO OUR LAST COUPLE OF ITEMS. THAT IS THE MOST BEAUTIFUL STAFF REPORT EVER.
ONCE AGAIN, OUR FINE STAFF AND THEY'RE OUT...
[7. October 12, 2026, Board of Adjustment activity report]
LET'S SEE.ITEM NUMBER EIGHT, REPORT ON THE WORKING GROUP.
I GUESS WE'RE STILL CARRYING THAT OVER.
IS THAT CORRECT? I DON'T SEE THAT ON THE AGENDA.
THEN WE HAD A LONG DISCUSSION ABOUT THIS LAST TIME.
I'M, I'M SORT OF ADVOCATING FOR TAKING IT OFF BECAUSE I THINK THERE'S NOT REALLY MUCH TO BE DONE RIGHT NOW, BUT - I THINK YOU'RE RIGHT.
ANYBODY SAYING NO? I CAN SEE CAN SHAKE HEADS, SO THAT ONE IS NOW TO BE REMOVED.
[9. Discussion and action to consider initiating changes to the Board of Adjustment’s Rules of Procedure, and provide direction to the City Attorney’s Office.]
OKAY.NUMBER NINE, DISCUSSION AND ACTIONS TO CONSIDER INITIATING CHANGES ON THE BOARD OF ADJUSTMENT RULES PROCEDURES AND PROVIDE DIRECTION FOR, TO THE CITY ATTORNEY'S OFFICE.
UM, AS I TALKED TO, UH, BOARD MEMBER ABDUL ABOUT THIS, THIS WAS IN REGARDS TO THE GIVING OF TIME.
WAS THERE A SPECIFIC LANGUAGE THAT YOU WANTED US TO SEE? YEAH.
I MEAN, IF YOU CAN PULL IT UP IF...
I DON'T KNOW IF THAT'S POSSIBLE WITH IT.
IT'S, UM, JUST THE ONE SUGGESTION I HAD WAS JUST THE NO.
I MEAN, LEGAL, UH, DO YOU HAVE ANY THOUGHTS ABOUT YOU'RE SHAKING YOUR HEAD VIGOROUSLY? I, I'M NOT SEEING THE WORDS WHERE I CAN REACH THEM FROM HERE.
ERICA LOPEZ, ASSISTANT CITY ATTORNEY.
UM, THERE'S NO BACKUP PROVIDED IN THE, UM, IN THIS AGENDA.
UH, WE HAD RECEIVED YOUR LANGUAGE, BOARD MEMBER ABDUL, BUT, UM, WE HAVE TO TAKE DIRECTION FROM THE ENTIRE BOARD, NOT JUST AN INDIVIDUAL BOARD MEMBER.
SO THAT'S WHY WE HAVE THIS ACTION HERE.
SO IS IT POSSIBLE THEN FOR OUR NEXT AGENDA TO HAVE THE LANGUAGE SO THAT WE COULD ACTUALLY REVIEW IT? YES.
SO THE LAST MEETING, IT WAS A DISCUSSION OF POSSIBLE CHANGES TO THE RULES AND PROCEDURES, AND THIS IS DISCUSSION AND ACTION OF THAT.
AND IT SPEC- SPECIFIES DIRECTION TO GIVE BACK SO THAT THE, UM, UH, LAW DEPARTMENT CAN PROVIDE LANGUAGE FOR YOUR CONSIDERATION AND CAN EVALUATE IF THERE'S ANY LEGAL CONCERNS ABOUT THE CHANGES BEING PROPOSED.
SO CAN I MAKE A MOTION? I'M, I'M SORRY, THIS IS YOUR ITEM, AND IF I'M - NO, GO AHEAD.
I, I'M KIND OF LIKE A CUT TO THE CHASE KIND OF GAL.
SO CAN WE GET THE OLD LANGUAGE OF THE NEW LANGUAGE, UH, EITHER WITH STRIKE THROUGH SO THAT WE CAN REVIEW THAT AND THEN, UH, POST IT FOR DISCUSSION AND ACTION? YES.
YOU GUYS CAN MAKE A MOTION TO PROVIDE DIRECTION FOR - I AM MOVING THAT NOW.
UH, DIRECTION WOULD YOU GUYS LIKE TO CONSIDER? JUST, I, I WOULD RECOMMEND MAKING IT GENERALLY TO GIVE US FLEXIBILITY ON WHAT TO DRAFT.
I JUST WANT TO BE ABLE TO SEE THE LANGUAGE AND THERE'S NO LANGUAGE IN THE BACKUP.
SO RIGHT NOW IT SAYS INITIATING CHANGES TO THE BOARD'S RULES AND PROCEDURES.
[01:55:01]
DO YOU WANT CHANGES TO THE DONATION OF TIME? I DON'T.UH, SO ONE OF THE SUGGESTIONS, UH, MS. LOPEZ, WOULD BE, MY SUGGESTION WOULD BE NO...
I MEAN, I DON'T THINK THERE'S ANYTHING IN THE OPEN MEETINGS ACT THAT LIMITS OR REQUIRES DONATION OF TIME AND DONATION OF TIME FOR OPPOSITION FOR PUBLIC IS ONLY IN THE APPEAL PROCESS.
IS THAT CORRECT? THAT'S MY READING OF THE RULES AND PROCEDURES.
UM, I, I WILL SAY THAT THE CITY COUNCIL PROCEDURES ALLOW FOR THE DONATION OF TIME, AND SO ANY CHANGE TO THAT WOULD BE A DEVIATION FROM CITY COUNCIL PROCEDURES.
SO IT WOULD HAVE TO GO TO AUDIT AND FINANCE FOR US TO UPDATE? NO.
THOSE ARE CHANGES TO THE BYLAWS.
UM, I'M SAYING A PROPOSED CHANGE, AS I UNDERSTOOD IT, IF THE PROPOSED CHANGE IS TO PROHIBIT DONATION OF TIME, AND I...
LET ME POINT OUT THE SECTION THAT I BELIEVE THE BOARD MEMBER'S REFERENCING.
UH, WAS IT ARTICLE FIVE, SECTION C? IT'S, UH, IT'S A - OR...
SO THIS IS LIMITED TO AN, AN INTERPRETATION APPEAL.
UM, SO IT IS, UH, IF YOU LOOK AT THE BOARD'S RULES AND PROCEDURES, IT'S, UH, SUBSECTION D, ADMINISTRATIVE APPEALS 2C.
SO THAT'S, THAT'S THE SECTION I THINK THE BOARD MEMBER WISHES TO INITIATE CHANGES TO.
AND SO I, I WOULD ADVISE YOUR MOTION TO BE, UM, DIRECTION TO THE CITY ATTORNEY'S OFFICE ON WHAT OUTCOME YOU WANT TO ACHIEVE, AND THEN WE WILL COME BACK WITH SPECIFIC LANGUAGE TO, UM, CHAIR HAWTHORNE'S, UM, CONCERNS SO YOU GUYS CAN EVALUATE IT.
UM, AND THEN WE CAN PROVIDE ANY, UM, LEGAL COMMENTARY THAT WE HAVE TO THE PROPOSED CHANGES ONCE INITIATED BY THE BOARD.
SORRY, MR. CHAIR, IF I'M - NO, GO.
I'M ENJOYING THE CONVERSATION FOR ONCE.
SO, I MEAN, AT ANY TIME, UH, THE CHAIR CAN MAKE A DECISION TO SUSPEND THE RULE OF THE DAY AND, AND DO SOMETHING A LITTLE DIFFERENT AND COULD ALLOW THE DONATION OF TIME.
I DON'T WANT TO, UM, NOT HAVE THAT AS A POSSIBILITY.
UM, I THINK THAT BOARD MEMBER, AND HE CAN SPEAK FOR HIMSELF, BUT I THINK THAT HIS CONCERN IS, UH, YOU KNOW, WE HEARD A CASE, IT WAS FIVE HOURS LONG.
THAT'S A LONG TIME, ONE CASE, AND WE HAD OTHER CASES, AND, AND THEN, YOU KNOW, IT...
UM, PEOPLE THESE DAYS HAVE NOT BEEN HERE TILL 3:30 IN THE MORNING.
AND SO, UM, IT IS, IT'S KIND OF A SHOCK WHEN YOU'RE HERE LATE ONE NIGHT AND, AND YOU'RE NOT KIND OF ACCUSTOMED TO THAT, AND NOT THAT I WANNA BE HERE TILL 3:30 IN THE MORNING, BUT IF THERE'S A POSSIBILITY IN, IN HAVING THIS LANGUAGE CHANGED, BUT STILL ALLOWING FOR THE CHAIR TO MAKE A DECISION TO ALLOW THE DONATION OF TIME, GIVEN THE CIRCUMSTANCE OF AN APPEAL, I MEAN, IF WE HAD 200 PEOPLE IN HERE FOR THEM TO ALL TRADE THREE MINUTES, THAT MIGHT BE PRETTY HARD TO ACCOMMODATE.
NOT THAT IT ISN'T HARD FOR COUNCIL TO DO, UM, BUT THEY HAVE, THEY HAVE A LOT OF PEOPLE HELPING THEM, AND WE HAVE YOU, AND WE HAVE THE LOVELY LADIES OVER HERE.
AND SO, UM, I AM, I AM FOR LOOKING AT HIS PROPOSED AMENDMENT AS LONG AS IT IN THE DIRECTION THAT YOU TAKE IT, THAT IT STILL ALLOWS THE POSSIBILITY FOR THE CHAIR TO MAKE A, A DECISION OTHERWISE.
SO RIGHT NOW, UM, IN SUBSECTION C, IT TALKS ABOUT, YOU KNOW, THAT, THAT THE PUBLIC HEARING SHOULD GENERALLY FOLLOW THE PRINCIPLES.
SO IF THERE'S SOME DEVIATION THAT COULD BE MADE KIND OF ON A CASE-BY-CASE BASIS, DEPENDING ON THE CIRCUMSTANCES, I THINK AT THAT TIME, WE JUST NEED TO EVALUATE TO MAKE SURE THAT WHATEVER CHANGE, UM, IT IS VOTED ON BY THE BOARD AND ALSO STILL COMPLIES WITH THE OPEN MEETINGS ACT SO THAT EVERYBODY STILL HAS AN OPPORTUNITY TO SPEAK IF DESIRED AND ET CETERA.
AND, AND ALSO THAT THE BOARD IS, IT'S, UM, MAKING SURE THAT IT'S BASED ON A CONTENT NEUTRAL, UH, BASIS AND THAT IT'S MORE FOCUSED ON, LIKE, THE TIME AND THE MANNER OF THE MEETING AND MAKING SURE THAT THE MEETING IS RUNNING SMOOTHLY.
UM, SO THAT COULD BE DONE TODAY.
I DON'T THINK THAT A, A CHANGE IS NECESSARY, BUT IF YOU WANT TO INITIATE A CHANGE TO DAY THAT IS POSSIBLE
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UNDER THIS POSTING LANGUAGE.AND THEN JUST, UM, THE ACTION BEF - THAT THE BOARD WOULD MAKE WOULD JUST BE INITIATING A CHANGE, DIRECTING US TO SAY, "HEY, CAN YOU BRING BACK LANGUAGE THAT WOULD ACHIEVE X OUTCOME?" I THINK, AND THEN WE WOULD, UM, DRAFT LANGUAGE FOR YOUR CONSIDERATION, AND THEN AT THE NEXT MEETING, YOU WOULD VOTE ON THAT PARTICULAR LANGUAGE.
SO ITEM C2, YOU WANT TO STRIKE A WORD OR YOU WANT TO ADD? I, YEAH, I MEAN, I CAN GIVE, UH, UH, I'VE SAID IT A COUPLE OF TIMES IN THIS GROUP, BUT I'LL SAY MY THOUGHTS WERE THIS WERE, IT'S ACTUALLY 2C.
UM, IT'S ACTUALLY SECTION, I THINK, 52.
IT'S, UH, MY THOUGHTS WERE A COUPLE.
UM, IT DOESN'T TAKE ANY POWER AWAY FROM WHOEVER THE CHAIR IS, THE CHAIR OR THE VICE CHAIR.
THEY CAN QUICKER, THEY COULD, YOU KNOW, THEY SHUT DOWN OPEN, UH, PUBLIC COMMENT TO THINGS TO KEEP THINGS, UH, UH, TIGHT AND IT DOESN'T GO TOO LONG.
MY ONLY ISSUE WAS, UM, MAYBE IT'S, IT'S A CITY, UM, PROCEDURE OR POLICY, BUT THERE'S NOTHING IN THE OPEN MEETINGS THAT REQUIRES IT.
I NOTICED JUST MY OBSERVATION OF BEING ONE OF THE NEWER MEMBERS, YOU KNOW, IT TAKES SOME TIME TO SEE WHO'S DONATING TO WHAT, TO WHOM, AND YOU KEEP ADDING IT UP.
IT ALLOWS LIKE ONE PERSON TO KIND OF GANG UP TIME AND, YOU KNOW, TALK FOR 10, 20 MINUTES.
AND IF THEY'RE, I DON'T KNOW, MAYBE IF THEY'RE IN, THEY'RE IN THE IN GROUP OR IN THE HOA, THEY CAN KIND OF TALK THEIR, TALK THEIR PIECE.
HOWEVER, IT, THE PERSON WHO'S NOT IN IT WOULD NOT GET THE SAME AMOUNT OF TIME.
SO, UH, IT WAS MORE LIKE AN EQUITY, EQ- EQUALITY ISSUE AS WELL FOR ME.
UM, AND SO AGAIN, I, I, I THINK IT WOULD BE, UM, MAYBE EVEN THE, THE CHAIR CAN DECIDE TO DO OTHERWISE IF THEY WANT TO, BUT I THINK HAVING IT, HAVING THAT RULE IN THIS ONLY CASE, SO AGAIN, THE DONATION OF TIME ISN'T ALLOWED FOR THE APPELLANT OR APPEAL, UH, THE APPELLEE, IT'S NEVER ALLOWED DURING THE, UM, REGULAR BOARD MEETING, PUBLIC COMMENTS, OPPOSITION.
IT'S JUST IS ONE SCENARIO AND TAKING IT OUT I THINK WOULD MAKE IT A LITTLE BIT MORE EQUA - EQUITABLE AND EQUALITY FOR PEOPLE.
SO JUST THE COMMA WITH DONATION OF TIME ALLOWED? NO, I, I MEAN, MY, MY SUGGESTION, BUT, UH, UH, I THINK, UM, UH, MS. LOPEZ IS SAYING IT HAS TO GO TO THE LEGAL COUNSEL.
IT WAS JUST TO SAY NO, NO DONATION OF TIME ALLOWED.
IF YOU LIKE, IF YOU DO A FINE SEARCH, YOU'LL SEE IT SAYS NO DONATION FOR APPELLEES.
IT'S NO, NO DONATION FOR APPELLANTS AND IT JUST SAYS DONATION OF TIME IS ALLOWED FOR THE PUBLIC DURING THE APPELLEES.
SO IT JUST, IT WAS MAKING IT CONSISTENT INSTEAD.
SO JUST FOR REFERENCE, UH, LET ME BRING THIS UP.
THIS IS LOOKING AT, UH, ITEM TWO OR IT IS, UH, THE FORMAT, UH, FORMAT FOR APPEAL, APPEAL HEARINGS, AND IT IS ITEM, SUB ITEM C, AND IT SAYS COMMENTS BY CITIZENS IN SUPPORT OF OR IN OPPOSITION TO THE APPEAL, THREE MINUTES EACH WITH A DONATION OF TIME ALLOWED.
OKAY, I WANNA MAKE SURE EVERYBODY'S ON THE SAME WAVELENGTH HERE.
AT THE TOP OF THE PAGE, LITERALLY SECTION C.
IT THEN, WELL, THEN IT GOES ON, IT SAYS, "SUBJECT TO REASONABLE, REASONABLE LIMITS IMPOSED BY THE CHAIR TO SAVE TIME AND AVOID REDUNDANT AND IRRELEVANT TESTIMONY." AND THEN IT GOES DOWN TO THE NEXT ONE IN D.
JUST WANTING TO BRING THAT UP SO THAT EVERYBODY KIND OF UNDERSTANDS WHERE WE ARE IN THE SCHEME.
AND I WOULD JUST ADD, CHAIR, THAT, UH, I THINK, UH, I MEAN, MS. RAMIREZ CAN CORRECT ME IF I'M WRONG, SHE HAS TO FIND OUT WHO'S DONATING THE TIME.
IS THAT CORRECT? DO YOU HAVE TO ACTUALLY WRITE DOWN WHO'S RAISING THEIR HAND? IS THAT ACCURATE? NO? I DON'T THINK SO, BUT THE LAST APPEAL WE HAD, THEY MADE IT EASIER FOR US - OKAY.
UM, BY PROVIDING US THAT INFORMATION.
UM, AND PAST, UH, APPEALS, THEY, THEY DIDN'T DO THAT.
THEY WERE JUST DOING IT AMONGST THEMSELVES.
I JUST REMEMBER PEOPLE RAISING THEIR HAND AND THE CHAIR COHEN AT THE TIME WAS SAYING WHO'S RAISING THEIR HAND AND STUFF.
SO IT JUST, I JUST THINK IT'S A BUREAUCRAT.
IT MAKES THINGS GO EVEN A LITTLE BIT LONGER, I THINK.
UM, SO I THINK YOU JUST SIMPLIFY THINGS.
I MEAN, THE ONE OTHER THING OTHER THAN THAT, AGAIN, I DON'T KNOW WHAT, WHAT, THIS IS, I'M ONE OF 11 VOTES.
I THINK THIS MAY MAKE A LITTLE MORE EQUITABLE EQUALITY.
I JUST, LAST TIME I HAD SAID, SUGGESTED DOES THE STAFF OR LEGAL OR EVEN IT HAVE ANY OTHER SUGGESTIONS THAT WOULD MAKE THEIR LIVES EASIER AND MORE EFFICIENT AND EFFECTIVE THAT I, I WOULD ALSO PROBABLY, UM, UH, SUPPORT.
UH, BUT I DON'T KNOW IF ANY OF YOU THREE OR ANY, ANYONE HAD COME UP WITH SOMETHING.
I LIKE THE NO DONATION OF TIME.
SHE LIKED YOUR - OH, YOU LIKE, I LIKE.
GREAT, BUT, UH, IS THERE ANYTHING ELSE OTHER THAN THAT ONE ISSUE, MS. RAMIREZ, DIANE RAMIREZ, UM, I'M SORRY, I DON'T KNOW YOUR, I KEEP FORGETTING YOUR NAME.
NO, UM, WHAT WAS THAT NAME AGAIN? UMBER.
IS THERE ANYTHING THAT MAKE YOUR
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LIFE EASIER IN IT? KEEP THE PHONES AWAY FROM THE MICROPHONE.THAT WOULD, THAT WOULD BE WRAP IT UP.
OR MS. LOPEZ, ANYTHING? YOU BEEN HERE FOR A WHILE.
SO IS THERE ANYTHING LEGALLY THAT WOULD MAKE YOUR LIFE EASIER OTHER THAN US NOT BEING HERE? ANNOYING.
UH, I WOULD RECOMMEND, UH, FRAMING YOUR MOTION IN THE TERMS OF GENERAL DIRECTION INSTEAD OF SPECIFIC LANGUAGE.
FOR WHAT I, THE DONATION OF TIME OR JUST GENERALLY? JUST, JUST GENERALLY FOR THESE MOTIONS.
OKAY, BUT - FOR THIS MOTION, I WOULD RECOMMEND JUST SAYING I DIRECT THE CITY, UM, THE CITY ATTORNEY'S OFFICE TO COME BACK WITH LANGUAGE THAT, UH, ACHIEVES THE FOLLOWING X, AND THEN I CAN COME BACK AND DRAFT LANGUAGE FOR YOU GUYS AND PROVIDE A, AN AN ANALYSIS IF ANY OF THE CHANGES CREATE LEGAL CONCERNS.
CAN I SAY SO MOVE TO THAT? CAN I, IS THAT, I GUESS YOU, YOU DIDN'T MOVE, BUT LIKE - I'LL SECOND IT.
SO, SO, UH, IF I COULD HELP YOU CRAFT BOARD MEMBER ABDULLAH, YOU'RE ASKING FOR A MOTION TO AMEND THE RULES AND PROCEDURES TO AMEND THE, UH, FORMAT FOR APPEAL HEARING TO PROHIBIT THE DONATION OF TIME, BUT STILL ALLOW, UM, SOME FLEXIBILITY BY THE CHAIR.
AND LEGALLY SPEAKING THOUGH FOR YOUR JOB, SO ASIDE FROM THIS, IS THERE ANYTHING IN THE RULES, PROCEDURES THAT WOULD MAKE IT FOR, EASIER FOR YOU OR MS. HERRERA DOING YOUR JOB - NOT THAT...
SO WE'RE GONNA GET SOME LANGUAGE BACK TO REVIEW IT, GO FROM THERE.
ALL RIGHT? THERE WAS A MOTION.
IT MUST BE - WE HAVE TO, WE HAVE TO VOTE ON MOTION.
DAMN, THAT SILLY OLD VOTING THING, YOU KNOW? THAT WHOLE VOTE THING.
IS THERE ANY OBJECTIONS TO THAT MOTION? SEEING NONE, THEN IT'S, UH, THEN SO DIRECTED.
SO ANY OTHER BUSINESS? WE ARE ADJOURNED.
APPRECIATE Y'ALL COMING OUT TONIGHT.