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[00:00:24]

.

OKAY.

SO, UH, WE'LL CALL TO ORDER.

ARE WE READY TO, OR DO WE NEED TO WAIT FOR A CITY CLERK TO DO ANYTHING? YOU CAN BE DONE.

YOU'RE READY? OKAY.

THANK YOU.

SO, UM, I'M CALLING TO ORDER THE, UM, BOARD OF ADJUSTMENT MEETING FOR, UM, MAY 11TH, 2020, UH, WE ARE DOING OUR FIRST VIDEO CONFERENCE, SO YOU WILL BEAR WITH US, UH, OTHER BOARD MEMBERS AND, AND THE GENERAL PUBLIC.

THIS IS EXTRAORDINARY CIRCUMSTANCES.

I MEAN, WE WISH EVERYONE WELL DURING THE CRISIS THAT WE'VE BEEN EXPERIENCING.

UM, THE TIME IS 5:35 PM.

WE HAVE A QUORUM PRESENT.

UH, LET'S GO AHEAD AND I WILL CALL THE ROLL.

AND AGAIN, UM, I DON'T KNOW IF WE NEED TO DO THIS VERBALLY OR IF WE CAN DO THIS WITH JUST THE GREEN TO SAY THAT YOU'RE HERE.

SO BROOKE, BAILEY, SHE'S HERE.

ALL RIGHT.

JESSICA COHEN.

I'M HERE, HERE, UH, OUT OF CAROLL.

OKAY.

I SEE HER SCREEN, BUT I DON'T SEE HER.

SHE'S STILL OKAY.

UM, MELISSA.

ALRIGHT.

UH, WILLIAM HODGE HERE.

ALRIGHTY.

UM, I AM HERE, DON LAYTON, BURWELL, UH, AROUND MCDANIEL HERE.

ALRIGHT.

UH, DARRYL PRUITT HERE.

UH, YASMEEN SMITH HERE.

ALRIGHT.

UH, MICHAEL VAN OLIN HERE.

ALRIGHT.

AND KELLY BALLOON.

WE SEE YOU THERE.

ALRIGHT.

AND MARTHA GONZALEZ.

SHE WITH US YET.

OKAY.

SHE WILL BE OUR ALTERNATE TONIGHT FOR THE CASES THAT UH, WE NEED TO HAVE AN ALTERNATE SPORT.

ALL RIGHT.

UM, THE, UM, AS THE CLERK HAD SAID THAT THE, UH, THE STRUCTURE OF THE MEETING IS A LITTLE BIT DIFFERENT.

SO WE'RE GOING TO BE HEARING THE ANYONE IN OPPOSITION OF THE CASES UPFRONT AND THEN WE WILL HEAR THE UH, APPLICANTS WHEN THE CASES, UM, UH, AS THE CASE HAS PROCEEDED AS THEY COME UP.

UM, SO, UM, THERE'S UM, I'M REFERRING BACK TO MY CHEAT SHEET HERE.

UH, DO WE NEED TO DO THE OATH? ELAINE, DO YOU KNOW OR LEE, THIS IS LEE FOR THE LAW DEPARTMENT.

I DON'T, I DON'T BELIEVE NECESSARY FOR THIS.

OKAY.

ALRIGHT, THANK YOU.

UM, SO, UH, THE

[Item A]

UH, FIRST ITEM THAT WE HAVE ON OUR AGENDA AND WE CAN GO AHEAD AND JUST TAKE CARE OF THIS IS THE APPROVAL OF THE MARCH 9TH, 20, 20 MINUTES DRAFT MINUTES.

UM, IF YOU ARE IN FAVOR OF THAT, PLEASE HOLD UP A GREEN.

ALL RIGHT THEN PLEASE, PLEASE HOLD IT UP UNTIL WE TELL YOU TO PUT IT DOWN YES.

UNTIL WE ASK YOU TO PUT IT DOWN.

SO GREAT.

I WILL BE ABSTAINING.

MR. TRUMP.

I'VE GOT A VOTE OF EIGHT THAT I CAN SEE.

UM, SO THAT PASSES RIGHT.

AND IF YOU'LL HOLD THEM, HOLD THEM BACK UP THERE.

JUST ONE MORE JUST TO INDULGE ME HERE CAUSE I'M ALSO TRYING TO, OKAY.

THAT'S BROOKE, JESSICA, UH, UH, WILLIAM HALEY AND MICHAEL IS ABSTAINING AND ROM AND DARYL.

ALL RIGHT.

ALL RIGHT, VERY GOOD.

THAT PASSES.

THANK YOU SO MUCH.

ALRIGHT,

[00:05:01]

THE, UH, SO, UH,

[Item B]

ELAINE, SHOULD WE TALK ABOUT POSTPONEMENTS AND WITHDRAWALS FIRST BEFORE WE GO TO THE OPPONENTS? OKAY.

UM, YES.

NOTHING.

YEAH.

YES.

LET'S DO THE POSTPONEMENTS AND THE WITHDRAWALS.

OKAY.

ALL RIGHT.

VERY GOOD.

ALL RIGHT, SO, UH, FOR TONIGHT, UM, THE, UM, ITEMS THAT WE HAVE ARE, UM, C1, THERE WAS A REQUEST FOR POSTPONEMENT FROM GAVINO, UH, FERNANDEZ WITH, UH, THE NEIGHBORHOOD ASSOCIATION ON THAT'S ON ITEM .

MMM.

LET ME GIVE, LET ME GIVE THE WHOLE THING HERE THAT , THAT SH 2020 DASH ZERO ZERO ZERO ONE THAT'S JASON, SOME WORK FOR CAPITAL METRO TRANSPORTATION AUTHORITY.

UH, JULIE BAR, THIS IS FOR NINE OH ONE AND 11 1109 1211 EAST FIFTH STREET AND 1300 1304 EAST FOURTH STREET.

UM, THE OTHER ITEMS THAT WE HAVE OR CONSIDERATION, UH, I THREE IS UH, UH, NOTED TO BE WITHDRAWN BY THE APPLICANT AND YES, THAT LOOKS, LET ME SEE.

WAS THAT IT ELAINE? I GOT IT DONE.

IT'S ITEM THREE, SAVE 15 DASH 2020 DASH ZERO ZERO ONE EIGHT 34 18 NORTH LAMAR BOULEVARD.

OKAY.

REQUESTING WITHDRAWAL FOR THAT ONE.

OKAY.

SO WE HAVE ONE POSTPONEMENT REQUEST AND ONE WITHDRAWAL.

IS THAT CORRECT? THAT'S CORRECT.

UM, THE APP, THE APPLICANT, FOUR ITEMS SEEM, ONE IS UNAWARE OF THE REQUEST FOR POSTPONEMENT BECAUSE THE REQUEST FOR POSTPONEMENT CAME IN REALLY LATE IN THE AFTERNOON.

OKAY.

AND, AND THE UH, PERSON MAKING THE REQUEST FOR POSTPONEMENT IS NOT ON THE PHONE, CORRECT? NO, HE JUST EMAILED.

UM, HE WAS THE PRESIDENT FOR THE NEIGHBORHOOD ASSOCIATION REQUESTING A POSTPONEMENT.

OKAY.

ALL RIGHT.

SO LET'S, LET'S TAKE YES.

YEAH.

SO I'M NOT PARTICIPATING ON ITEMS, CORRECT? CORRECT.

THAT WILL BE MARTHA.

AND MARTHA IS NOT WITH US RIGHT NOW AS IT IS ASSIGNED CASE.

IT'S NOT SUPER MAJORITY.

SO I THINK YOU'RE FINE TO MAKE YOUR DECISIONS AS YOU.

OKAY.

ALL RIGHT.

SO LET'S TAKE A, LET'S TAKE FIRST, WHICH IS THE CASE TO BE WITHDRAWN.

ALL IN FAVOR.

RAISE YOUR GREEN CARD.

ALRIGHT.

AND IS THERE, UM, ANYONE AGAINST THAT? OKAY.

SO LET ME GET ALL OF THIS WRITTEN DOWN HERE.

THIS IS BROOKE.

JESSICA OUGHTA.

THANK YOU MELISSA.

OKAY.

WILLIAM, MYSELF ROM.

THANK YOU ROOM.

UH, DARRYL PRUITT'S.

YES.

THANK YOU.

UM, AND MICHAEL, WHERE ARE YOU MICHAEL? I LOST YOU.

OKAY.

THERE YOU ARE.

THANK YOU.

AND, UM, KELLY, THANK YOU.

AND BY THE WAY, KELLY IS FILLING IN FOR VERONICA RIVERA UP TONIGHT AND UM, WE, UM, HE ASKED ME, UH, ARE YOU IN FAVOR? OH, THERE YOU ARE.

ALRIGHT, LOVELY.

THANK YOU.

ALRIGHT, SO THAT PASSES, WE WILL WITHDRAW, UM, ITEM I THREE AND UM, THE OTHER, UH, ITEM A UP FOR POSTPONEMENT REQUEST.

AND AGAIN, THIS WAS A LATE REQUEST.

IT CAME AFTER THE DEADLINE.

UH, YOU GUYS PROBABLY SAW THE, UM, EMAIL FROM ELAINE EARLIER TODAY.

UM, BUT IT CAME AFTER THE DEADLINE YESTERDAY.

AND AGAIN, IT'S A REQUEST FOR POSTPONEMENT FROM, UH, THE BARRIO NEATO, UM, NEIGHBORHOODS.

SO IS THERE A MOTION ON THAT? DO WE NEED TO HEAR FROM THE APPLICANT SINCE THEY WERE UNAWARE OF THIS? I WAS WONDERING THE SAME THING.

[00:10:01]

OKAY.

ALL RIGHT.

IT IS THE APPLICANT FOR C ONE, LET ME FLIP OVER TO HERE.

SO I HAVE JASON, UH, SOME ALERT OR A YES ON THAT IF I HOPE I'M SAYING YOUR NAME CORRECT OR IS HE AVAILABLE? YOU, YOU GOT THAT CORRECT.

AND JASON THUMB BLURRED WITH ENDEAVOR AS PRESENT.

OKAY.

OKAY.

AND SO, UH, ARE YOU, UH, THERE'S BEEN A REQUEST FOR POSTPONEMENT, UM, WOULD YOU LIKE TO SPEAK TO THAT JUST TO POSTPONE MY PART? NOT, NOT, UH, NOT THE CASE ITSELF.

SURE.

WELL, THIS IS, THIS IS THE FIRST I'VE HEARD OF THAT OR HEARD FROM DAVINA ON THIS SUBJECT, BUT, UM, YOU KNOW, WE'RE REALLY DOING THIS SOMEBODY, HALF OF OUR RETAIL TENANTS WHO ARE, UH, YOU KNOW, NEED ALL THE HELP THEY CAN GET, ESPECIALLY IN THESE TIMES.

BUT WE WOULD, UH, WORK, WE'RE OPEN TO ENTERTAINING TO POSTPONE UNTIL JUNE, IF THAT'S THE REQUEST.

OKAY.

I THINK THAT THAT IS THE REQUEST FROM, UH, MR. FERNANDEZ, SO.

ALRIGHT, THANK YOU.

UM, OKAY, SO BOARD, IT'S BACK TO US.

UM, THE APPLICANTS TO, UM, I'LL MAKE THE MOTION AND THAT'S OKAY.

THAT WAS BROOKE.

YES.

OKAY.

THANK YOU.

ALRIGHT, SO, UH, ALL IN FAVOR OF THE POSTPONEMENT UNTIL JUNE.

UH, RAISE YOUR GREEN CARD.

ALL RIGHT.

AND IT LOOKS LIKE IT IS UNANIMOUS AND WITH MELISSA, I'M OUT.

SO THAT HAS BEEN POSTPONED TO ALL RIGHT.

VERY GOOD.

AND UH, WAS THERE ANYONE AGAINST THAT? I GUESS I SHOULD ASK.

OKAY.

ALL RIGHT.

SO, UH, C ONE WILL BE POSTPONED UNTIL JUNE.

OKAY.

MEETING.

ALRIGHT.

UH, MOVING ALONG HERE.

UM, THE NEXT ITEM WILL BE, UM, THE, THE LISTENING TO, UH, THE, UH, FOLKS THAT ARE IN OPPOSITION, THE FIRST CASE.

AND SO WE'RE GOING TO JUMP AROUND A LITTLE BIT.

OKAY.

UH, SO WE'RE GOING TO TAKE AGAIN THE REQUEST TO SPEAK FROM, UH, FOLKS WHO WERE IN OPPOSITION OF THE CASES AND THE FIRST CASE THAT WE ARE GOING TO CONSIDER FOR A HEARING THE OPPOSITION.

AND THEN WE'LL HEAR THE APPLICANT LATER IN ORDER, UH, IS, UH, ITEM I

[Item I5 (Part 1 of 2)]

FIVE AND THAT IS C 15 DASH 2020 DASH ZERO ZERO 20.

THIS IS JENNIFER.

HELEN ARE HANDLING, SORRY, OR DURHAM TRADING PARTNERS, UH, 12 OF 14.

OH THREE EAST THIRD STREET.

AND UH, THE PERSON, UM, IN OPPOSITION IS A BRYCE.

ALISON, ARE YOU AVAILABLE TO SPEAK TO THAT? YES, I'M HERE.

OKAY, GO AHEAD.

YOU'VE GOT THREE MINUTES.

OKAY.

OKAY.

UM, YEAH, SO, UH, THIS IS FOR THE PROPERTY AT 1400, ONE EAST THIRD STREET.

I OWN THE ADJACENT PROPERTY AT 14 OF THREE EAST THIRD STREET.

UH, THIS IS A VARIANCE REQUEST.

UH, THERE IS A FIVE FOOT INTERIOR SETBACK VARIANCE.

UH, THEY'RE REQUESTING A SETBACK TO BE AT 2.7 FEET INSTEAD.

UM, ACCORDING TO THE, THE PETITIONARY CITING THAT THERE IS A, UH, UM, A UNIQUE, UH, UNIQUE HARDSHIP SAYING THAT BECAUSE IT'S A CORNER UNIT, THERE IS A, UM, 15TH STREET SIDE, UM, 15, 15 PIZZA BACK FROM THE SIDE ON SAYING THAT THEY NEEDED THIS.

UH, AND CERTAINLY WE'RE WORRIED ABOUT THIS BECAUSE IT'S, THIS, UH, DOESN'T SEEM TO BE A, UH, UM, AN ISSUE.

IT'S, IT'S, IT APPEARS THERE SHOULD HAVE BEEN IN, UH, EARLIER CATCHING OF THIS AND THE APPROVAL OF THE SITE PLAN.

IF THAT WAS THE CASE, UH, THERE COULD HAVE BEEN, UH, APPROVAL AT THE, UH, BOTH THE FOUNDATION AND FRAMING STAGE OF THIS, UH, BY BOTH THE BUILDER AND THE INSPECTOR THAT SEEMED TO NOT HAVE BEEN CAUGHT.

UM, BUT APPARENTLY THE BUILDING HAS GONE UP ANYWAYS WITH THIS ENCROACHMENT IN PLACE.

[00:15:01]

UM, I DON'T BELIEVE THERE'S A UNIQUE HARDSHIP IF A TRUE VARIANCE WAS NEEDED, IT COULD HAVE COME AT THE EARLIER REQUEST AND NEITHER REQUESTED FROM THE, UH, THE OTHER SIDE OF THE HOUSE WHERE THERE'S MUCH MORE SPACE.

SO THIS APPEARS TO ME JUST TO BE A MISTAKE IN THE, UH, IN THE BUILDING PROCESS THAT UNFORTUNATELY WAS, UH, WAS NOT TAUGHT.

UM, I ALSO DO FEEL THAT THIS DOES CREATE A NEGATIVE EFFECT ON MY PROPERTY AS WELL.

THIS IS A, A RATHER LARGE MULTITENANT PROPERTY.

IT LOOKS, APPEARS TO BE A DUPLEX THAT IS TWO AND A HALF, TWO STORIES HIGH PLUS A ROOFTOP DECK.

SO IT'S EXTREMELY TALL AND BY DEAN THERE'S EXTRA TWO AND A HALF FEET, UH, CLOSER TO MY PROPERTY IN A, IT DEFINITELY INVADES ON MY PRIVACY.

IT BLOCKS A LOT MORE SUNLIGHT AND, UM, AND REALLY JUST THAT I BELIEVE WILL HAVE A NEGATIVE EFFECT ON THE VALUE OF MY PROPERTY.

UM, IN ADDITION, THERE ARE ALSO, UH, TWO EXTERIOR DOORS ON THAT ADJACENT SIDE OF THE PROPERTY THAT WITH A 2.7 FLIP SETBACK, WHICH IS LIKELY REALLY 32 33 INCHES.

I DON'T EVEN BELIEVE THAT THE DOORS CAN FULLY OPEN WITHOUT ACTUALLY GOING PAST THE PROPERTY LINE.

UM, SO I'M EXTREMELY WORRIED ABOUT THAT AS WELL.

UM, IT'S UNFORTUNATE THAT IT'S GOTTEN TO THE STAGE AND THE BUILDING PROCESS, BUT, UM, I'M JUST, UH, EXTREMELY CONCERNED ABOUT THE NEGATIVE EFFECT ON MY, ON MY HOUSE ITSELF AND JUST THE INVASION OF PRIVACY THAT THAT KIND OF CREATES WITH THE ENCROACHMENTS.

AND, UM, UM, UH, ALSO WORRY THAT, THAT, UH, I DON'T WANT TO SEE ANY NEGATIVE PRECEDENT SET TO WHERE WE'RE NOT PAYING ATTENTION TO SETBACKS IS, IS, UH, APPROVED OR CONDONED.

SO I REALLY APPRECIATE THE, UH, THE THOUGHTS AND UH, AND LISTENING TO ME ON THIS.

UM, I HAD PICTURES AND STUFF READY, BUT I DON'T KNOW, I WOULD SHARE THOSE IN THE PHONE IN ONLY KIND OF A KIND OF PLACE.

BUT UM, BUT THIS DOES SEEM TO BE, YOU LIVED IN THAT HOUSE WITH KATIE, CERTAINLY CLOSE TO THE PROPERTY LINE, SO THANK YOU SO MUCH FOR CONSIDERING THIS.

I DON'T BELIEVE THERE ARE OTHER CASES LIKE THIS IN THE, IN THE AREA.

AND JUST THE SIZE OF THIS JUST SEEMS TO BE A CASE WHERE A BUILDER TRIES TO BUILD, UM, TOO LARGE FOR THE LOT OR DID NOT PROPERLY FOLLOW THE SITE PLAN.

UM, AND EITHER EITHER TASTE IT, IT SHOULDN'T HAVE GOTTEN TO THIS STAGE, PLEASE REQUEST THAT IT NOT BE APPROVED.

THANK YOU.

ALL RIGHT, THANK YOU.

UH, ARE THERE ANY QUESTIONS OF THE OPPOSITION BEFORE THEY GO OFF THE PHONE LINE? YEAH, I HAVE.

SORRY.

UH, YEAH.

BROOKE.

YES.

UM, DID YOU NOTICE ANYTHING WHEN IT WAS BEING BUILT THAT IT SEEMED CLOSER THAN IT SHOULD BE? WAS THIS ISSUE BROUGHT UP? IS IT SEEMS LIKE THAT IT IS VERY CLOSE TO THE PROPERTY LINE, YOU KNOW, IT, IT, IT DID SEEM VERY CLOSE.

I, UH, I WAS ASSUMING THAT THE SITE PLAN WAS BEING FOLLOWED AND THAT THE, UH, UM, UH, THE, UH, UH, YOU KNOW, THAT THEY WERE FOLLOWING AND ABIDING BY ALL THOSE RULES.

I WAS, YOU KNOW, GREW, GREW, WORRIED ABOUT THAT.

I DIDN'T EVEN SEE THE NOTICE POSTED FOR THIS VARIANCE BECAUSE IT WAS ON THE GROUND.

AND SO, UM, I'M LUCKY THAT I WAS ABLE TO CATCH THE LETTER, BUT I DIDN'T RECEIVE ANYTHING ABOUT A VARIANCE OR REQUESTS OR ANYTHING ABOUT THAT EARLIER IN THE PROCESS.

SO I WAS ASSUMING THAT, UM, YOU KNOW, BOTH THE BUILDER WAS FOLLOWING THE SITE PLAN AND THAT THE INSPECTION PROCESS I TRUST IN AUSTIN DO TO MAKE SURE THAT IT'S FOLLOWED AS WELL.

AND UM, AND SO THIS VARIANCE CAUGHT ME BY.

RIGHT.

OKAY.

ANY OTHER QUESTIONS OF THE OPPOSITION? AND I WAS, I HAD A COUPLE OF QUESTIONS IF THAT'S ALL RIGHT.

YEAH.

SO WHEN I LOOKED AT THE CASE, IT SAYS THAT THAT IT VARIES A LINE, THE PROPERTY LINE, YOUR LEASE TWO DOORS ON THAT SIDE.

SO I AM WORRIED ABOUT THE DOORS ACTUALLY ENCROACHING INTO THE NEIGHBOR'S PROPERTY.

AND THEN I'M ALSO WONDERING ABOUT THE WRITING OF THE WALL ON THAT SIDE WITH HOW CLOSE IT IS TO THE PROPERTY LINE.

UH, SO SIR, HOW FAR IS YOUR HOUSE FROM THE PROPERTY LINE? UH, MY HOUSE IS, SHOULD BE ABOUT RIGHT AT THE FIVE FOOT SETBACK LINES.

OKAY.

SO IT IS PRETTY CLOSE AND THE, THE NEW PROPERTY EXTENT, IT IS EXTREMELY LONG.

SO IT EXTENDS ME ALMOST PRETTY MUCH THE ENTIRE LENGTH OF MY OPEN BACKYARD.

SO, UM, FULLY, FULLY ADJACENT TO IT.

YEAH.

THANK YOU, SIR.

ALL RIGHT, THANK YOU.

ANYONE ELSE HAVE ANY QUESTIONS OF THE OPPOSITION? ALRIGHT.

UH, SO WE WILL RELEASE,

[00:20:01]

UH, THEN, UM, MR, UH, ALISON, UH, APPRECIATE YOUR TIME.

THANK YOU FOR WAITING.

UM, AND AGAIN, UM, WE WILL UH, TAKE THAT YOUR COMMENTS UNDER CONSIDERATION WHEN WE, UH, ACTUALLY OFFICIALLY HEAR THE CASE, UM, LATER, SO APPRECIATE YOUR INDULGING US HERE.

THANK YOU SO MUCH.

APPRECIATE IT.

ALRIGHT.

ALRIGHT.

UH, MOVING ALONG, THE NEXT CASE THAT WE HAVE, UH, SOMEONE IN OPPOSITION, UH, TO IS

[Item P3 (Part 1 of 2)]

UH, ITEM A P THREE THAT IS READ IT HERE.

UM, IT IS A THREE C 15 DASH 2020 DASH ZERO ZERO ZERO THREE, UH, DAVID, CAN YOU SEE THE LOW C FOR ADDISON? TOM, THIS IS 34 OH NINE NEIL STREET.

UM, AND UH, IT IS, UH, TOPAZ MIC, UH, MIC GARGLE.

IS THAT, DID I SAY THE NAME CORRECTLY? NO.

OKAY.

CLOSE ENOUGH.

OKAY.

SORRY ABOUT THAT.

CAN YOU SAY FOR THE RECORD? OH.

MCGARIGGLE TOPAZ.

MCGARIGGLE.

ALL RIGHT, THANK YOU.

ALRIGHT.

ALRIGHT, YOU'VE GOT THREE MINUTES.

UM, AND THEN THERE MAY BE SOME QUESTIONS FROM THE BOARD.

SOUNDS GREAT.

UH, SOME, UH, I'M THE NEIGHBOR PROPERTY IN QUESTION.

THEY'RE ASKING FOR A VARIANCE TO MAKE THE LOSS, I THINK 33 FEET WIDE AND UM, YEAH, FIRST OFF, THANKS FOR LETTING ME SPEAK.

I WAS UNAWARE THAT YOU HAD TO SIGN IN A DAY IN ADVANCE AS WERE A LOT OF OTHER PEOPLE IN THE NEIGHBORHOOD WHO PROBABLY WOULD'VE LIKED TO HAVE SPOKEN IN OPPOSITION AND Y'ALL MADE AN EXCEPTION FOR ME DUE TO THE UNUSUAL TIME.

SO THANK YOU SO MUCH FOR THAT.

UM, AND UH, SO YEAH, I'M KIND OF SPEAKING FOR EVERYBODY IN THE NEIGHBORHOOD INCLUDING YOU KNOW, NO ONE ON MY BLOCK SUPPORTS THE VARIANTS BUT NO ONE IN THE NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION TO THE EXPERIENCE.

IF YOU NEED A LETTER FROM THEM, I CAN PROVIDE THIS.

UM, IT'S KIND OF A CONFUSING ONE TOO.

SO THERE'S BEEN SOME CONFUSION ON IT, BUT WE FEEL THE PROPOSED BAVARIANS AND SUBDIVISION GOES AGAINST THE CHARACTER OF THE NEIGHBORHOOD.

WHEN I MOVED IN, WE WERE SURROUNDED BY THREE HOUSING MONEY SIDE OF US.

THIS VARIANCE GOES THROUGH WITH THE DEVELOPMENT ON ALL SIDES OF US.

WE'LL BE SURROUNDED BY 15 HOUSES.

SO IT WENT FROM 15, FROM THREE TO 15 HOUSES THAT THE APPLICANT HAS STATED THAT THERE WILL BE NO NEGATIVE IMPACT ON THE SURROUNDING PROPERTY, THAT I'M THE NEIGHBOR AND THERE WILL BE A DRIVEWAY RUNNING ALONG OUR PROPERTY LINE.

CAN I BE, YOU KNOW, INSTEAD OF TWO HOUSES, FOUR HOUSES, IF THEY GET THE VARIANCE.

UH, SO YOU KNOW, WITH POTENTIALLY AS MANY AS EIGHT CARS DRIVING ALONG IN AND OUT, PULLING IN AND OUT ALL DAY, THIS SOUNDS MORE LIKE A ROAD THAN A DRIVEWAY TO ME.

AND, UH, DEFINITELY NOT QUOTE UNQUOTE NO NEGATIVE IMPACT.

UH, IT JUST SEEMS MUCH MORE REASONABLE TO HAVE A TWO HOUSE MINIMUM ON THIS LOT.

I'VE LIVED IN THE NEIGHBORHOOD FOR 15 YEARS AND THIS IS NOT THE QUIET LOW TRAFFIC NEIGHBORHOODS I'VE GROWN TO LOVE.

UH, IN ADDITION, THERE'S A SCHOOL A BLOCK AWAY, THIS ADDED TRAFFIC SEEMS LIKE THEY JUST HAVE CHILDREN, MANY OF THEM WALK TO WALK TO SCHOOL AND THERE'S ALREADY A LOT OF KIND OF CONGESTION AND PARKING ISSUES ALREADY FROM THE SCHOOL.

UH, AND LASTLY, THERE'S AN ACRE FOR SALE NEXT TO 34 OH NINE THAT IS GOING TO BE DEVELOPED.

AND I'M CONCERNED THAT GIVING A VARIANCE FOR 3,409 AND LETTING IT ONLY BE 33 FEET WIDE, WE'LL SET A PRECEDENT FOR THE NEIGHBORHOOD THAT HAS HISTORICALLY BEEN LARGER LOSS THAN FARMLAND.

UH, THANKS FOR LISTENING AND TAKING MYSELF AND THE NEIGHBORS CONCERNS INTO CONSIDERATION.

ALL RIGHT, WELL THANK YOU.

UM, SO ARE THERE ANY QUESTIONS OF UH, UH, MR UH, GURGLE MCGARIGGLE YES.

JUST QUICKLY BECAUSE ONE OF THE REASONS THAT WE POSTPONED IT WAS ASKING FOR NEIGHBORHOOD INPUT.

SO ARE YOU SAYING THAT YOU WERE NOT CONTACTED BY MR , THE APPLICANT? YES.

THEY CONTACTED US AND WE HAD A NEIGHBORHOOD ASSOCIATION MEETING AND, BUT UH, AND THE NEIGHBORHOOD ASSOCIATION IS AN OPPOSITION TO IT, BUT I DIDN'T KNOW, I DIDN'T KNOW HOW IT WAS GOING DOWN OR ANYTHING.

THEY, THAT THE APPLICANTS CONTACTED US, UH, LIKE A DAY OR TWO AGO AND SAID THAT IT WAS GOING TO BE A ZOOM MEETING SLICES THAT MORE PEOPLE COULD TALK.

AND THEN I, WHEN I FOUND OUT TODAY THAT ONLY, YOU KNOW, THAT WE COULDN'T, THEY MADE AN EXCEPTION FOR ME, BUT I DIDN'T THINK I COULD GET ANYBODY ELSE ON HERE.

BUT THE NEIGHBORHOOD ASSOCIATION IS, IS AN OPPOSITION.

OKAY.

THANK YOU.

THANK YOU.

YEAH,

[00:25:01]

I CAN GET A LETTER IF YOU NEED.

.

OKAY.

THANK YOU.

ALRIGHT.

YES, THANK YOU.

ANYONE ELSE HAVE ANY QUESTIONS FOR MR MCGARIGGLE? OKAY.

UH, SEEING NONE.

AND JESSICA, YOU MAY WANT TO MUTE YOUR MICROPHONE IN THE INTERIM HERE.

UH, SO, UM, THAT IS, UH, THE LIST OF FOLKS TO SPEAK RELATIVE TO, UM, OPPOSITION TO THE CASES.

SO, UH, WITH THAT SAID, UH, I'D LIKE TO MOVE FORWARD WITH THE, UH, CASES FOR OUR AGENDA.

AND THE

[Item C2]

FIRST ONE THAT WE HAVE IS, UH, ITEM C T.

THIS IS, UH, UH, C 16 DASH 2020 DASH ZERO ZERO TWO.

UM, THIS IS, UH, I'LL CASH A PATEL OR LION, UH, VELD, UH, THIS IS A FEW THOUSAND, UH, UH, UH, SORRY, 2,600 BROCKTON DRIVE.

SO IF THE APPLICANT IS AVAILABLE, YOU'LL HAVE FIVE MINUTES TOTAL TO MAKE YOUR PRESENTATION.

HI, GOOD EVENING.

THIS IS MATT WILSON.

ARE YOU ABLE TO HEAR ME? YES.

THANKS SO MUCH FOR EVERYONE'S TIME AND CONSIDERATION FOR THIS CASE.

UH, AGAIN, MATT WILSON, I'M WITH CHANDLER SIDES.

THE CASE THAT WE'RE LOOKING AT TONIGHT IS FOR THE HILTON GARDEN INN AT 2,600 BROCKTON AVENUE.

LIKE TO NOTE BEFORE THE START OF, UH, GOING THROUGH THE SLIDES THAT, UH, THE OWNER HAS DECIDED TO REMOVE THE MONUMENT SIGN FROM THE VARIANCE REQUEST.

UH, BUT WE WERE STILL MOVING FORWARD WITH THE REQUEST FOR THE TWO WALL SIGNS.

I HAVE, UH, JUST A VERY SHORT PRESENTATION, UH, ONLY FOUR PAGES TO DETAIL.

UH, THE REQUEST OF WHAT WE'RE LOOKING TO ACCOMPLISH AT THE HOTEL.

UM, SINCE THE VIDEO'S A LITTLE DELAYED, I'LL JUST GO PAGE BY PAGE.

PAGE ONE, UH, REFLECT THE OVERHEAD VIEW OF THE PROPERTY, UM, WITH THE TWO WALL SIGNS LABELED AS A AND B ON THE EAST AND WEST ELEVATIONS.

PAGE TWO REFLECTS THE WEST ELEVATION SHOWING THE PLACEMENT OF THE SIGN AT THE TOP OF THE BUILDING.

PAGE THREE REFLECTS THE WALL SIGN AT THE TOP OF THE SOUTH ELEVATION.

.

PAGE FOUR IS THE DETAILED SPEC PAGE SHOWING THE SIZES.

UM, LETTER CONSTRUCTION, ILLUMINATION DETAIL AND SO FORTH AND SUCCINCTLY JUST JUST TO, UH, TELL YOU WHAT THE CASE IS FOR IS FOR THE SIZE OF THE, UM, TWO WALL SIGNS SINCE THE MONUMENT HAS NOW BEEN DELETED, WHICH WE FEEL ARE APPROPRIATELY SCALED AND FALL IN LINE WITH THE DESIGN AND SCALE OF THE OTHER SIGNS IN THE AREA AND THE SURROUNDING BUSINESSES.

THEY ARE UH, ADHERING TO THE NATIONAL BRAND STANDARDS FOR THE HILTON GARDEN INN, WHICH IS PART OF THE HILTON HOTEL COLLECTION AND THEY ARE ILLUMINATED WITH LEDS.

THEY'RE 217 SQUARE FEET WHEN BOXED IN, UH, THE HEIGHT OF THE LOGO BEING SIGNIFICANTLY LARGER THAN THE HEIGHT OF THE LETTERS.

SO THERE'S QUITE A BIT OF DEAD SPACE IN THERE WHEN BOX AROUND THAT THEREFORE IS THE REASON WE'RE COMING TO THE BOARD TO ASK FOR REQUESTS FOR THE ADDITIONAL SQUARE FOOTAGE.

I'M HAPPY TO ANSWER ANY QUESTIONS.

UM, BUT THAT SUMMARIZES THE REQUEST TONIGHT FOR THE TWO WALL SIGNS WITH THE MONUMENT SIGN BEING DELETED FROM THE REQUEST.

THANK YOU FOR YOUR TIME AND CONSIDERATION.

OKAY.

IF YOU'LL BE SURE AND BE AVAILABLE.

CAUSE I'M SURE THERE'LL BE SOME QUESTIONS FROM THE BOARD, UM, ON THAT.

OKAY.

UM, SO, UH, MELISSA SEE YOU HAVE YOUR HAND UP.

SO I, I WOULD TAKE IT THAT THE REQUEST MEETS THE COMMERCIAL STANDARDS AND THIS VARIANCE IS JUST BECAUSE THE UNOS STANDARDS WERE ADOPTED IN NORTH BURNET GATEWAY AND THAT THIS IS, UH, WE'LL PROBABLY SEE QUITE A FEW OF THESE.

SO NORTH BURNET GATEWAY

[00:30:01]

IS 1400 ACRES AND IT HAS A LOT OF ZONING IN IT TO CREATE THESE ACTIVE EDGES FOR PEOPLE TO WALK AROUND JUST LIKE YOU DO IN CAMPUS AREA WITH YOUR LITTLE SHOPS AND SUCH.

AND IT, IT ALLOWS FOR SOME REALLY LOW SCALE DENSITY SIGNAGE.

I DON'T KNOW THAT THIS AREA HAS QUITE CAUGHT UP TO THAT YET.

I WOULD, MMM.

MY THOUGHT IS TO MAKE A MOTION FOR APPROVAL.

MMM.

PENDING A SECOND.

BUT THAT IS, THAT IS WHY.

OKAY.

UH, YES, UH, KELLY AND THEN WILLING.

YEAH.

WELL YOU'LL HAVE TO UNMUTE.

I THINK I'M MUTED.

I HAVE TO.

OKAY.

UM, DOES THE AGENDA ITEM FOR THIS REQUEST ADEQUATELY CONVEY WHAT IT'S ABOUT? BECAUSE WHEN YOU READ IT, IT DOESN'T SAY ANYTHING ABOUT INCREASING THE SIZE, IT JUST REALLY CONVEYS THAT IT'S MORE ABOUT AN ILLUMINATION.

IT'S AN ILLUMINATION REQUEST.

YEAH, THAT'S TRUE.

THE, THE UM, UM, WELL AT LEAST THE NOTE HERE, IT SAYS A TWO, MMM.

217 SQUARE FOOT SIGNS.

SO, UM, YEAH, I THINK IT BEGS THE QUESTION AS TO WHAT IS ALLOWED.

ELAINE, CAN YOU SPEAK TO THAT? AND IF YOU'RE A MEMBER OF THE PUBLIC, YOU MAY NOT KNOW.

I MEAN YOU'D HAVE TO LOOK IT UP AND THAT'S REASONABLE TO EXPECT IN THE AGENDA.

BUT YEAH, I CAN'T SPEAK TO THAT.

I DON'T REVIEW THE SIGNS THAT WOULD BE FOR SIERRA FLORES WHO'S ASSIGNED REVIEWER.

SO I REALLY CANNOT SPEAK TO THAT.

OKAY.

ALL RIGHT.

THANK YOU.

UM, SO, UM, I SAW, UH, WILLIAM, DID YOU HAVE YOUR, YOU ENDED UP, YES, I WAS ACTUALLY JUST SAYING THAT.

LISTEN MOONS, I SECOND.

OH, OKAY.

SO YOU'RE SECONDING, UH, WELL THIS IS ALL RIGHT.

UM, SO A BROOK.

YES.

UM, SO FOLLOWING UP ON KELLY'S, CAUSE I HAD THE SAME CONCERN IS THE, IS THE ACTUAL ASK WRONG BECAUSE IT DOESN'T SAY, OH, LET'S SAY THINGS THAT IT'S ASKING FOR IT TO BE ILLUMINATED.

IT SAYS NOTHING ABOUT ASKING FOR MORE, MORE WORK FOOTAGE.

I DON'T, I DON'T ACTUALLY THINK IT'S AN ASS FOR MORE SCHOOL VINTAGE.

I THINK IT'S AN ELIMINATION ASK BECAUSE THE, YOU KNOW, STANDARDS DON'T ALLOW ILLUMINATION OVER A CERTAIN HEIGHT.

AND SO WHEN COUNCIL ZONED NORTH BURDICK GATEWAY, IT WAS ACTUALLY IN ONE BIG ACTION.

THAT ZONE 1400 ACRES MEAN, OH, I UNDERSTAND THAT.

IT'S JUST THAT THE APPLICANT WAS SAYING THAT IT WAS, UM, FOR SIZE HERE.

I'M GOING TO LOOK UP THE SIGN CODE.

WOW.

WELL, SO MAYBE THAT'S A QUESTION OF THE APPLICANT RIGHT NOW.

IF WE CAN GET THE APPLICANT TO SPEAK TO THAT.

YES.

MATT WILSON AGAIN HERE, UM, FROM MY UNDERSTANDING, AND I COULD BE WRONG, BUT I WAS UNDERSTANDING FROM THE NEIGHBORHOOD OVERLAID THAT A HUNDRED SQUARE FEET, UM, WAS THE MAX AREA AND FREESTANDING SIGNS WERE NOT ALLOWED, WHICH IS PER THE, UH, UNO.

SO THAT'S WHY WE HAD COME TO THE BOARD FOR REQUESTS.

NOW THAT FREESTANDING SIGN THAT'S PROHIBITED IN THE OVERLAY DISTRICT HAS BEEN REMOVED.

UM, BUT I DID NOT SEE ANYTHING SPECIFIC TO THE ILLUMINATION.

UH, IN REGARDS TO SECTION 25 DASH 10 DASH ONE 33 OF THE OVERLAY DISTRICT.

UM, BUT, AND THEN IT FALLS IN THAT NORTH NORTH BURNETT GATEWAY AS WELL.

OKAY.

THANK YOU.

INFORMATION.

I KNOW AT THE TIME YEAH, MIKE MICHAEL VANILLIN THE END, THE POSTING, IT DOES SAY TWO, 217 SQUARE FEET ALL ASSIGNED.

I UNDERSTAND WHERE BROOKE'S COMING FROM.

THE PEOPLE MIGHT NOT KNOW THAT THEMSELVES, BUT IF THEY HAD CONCERN IT MOST DEFINITELY COULD HAVE BEEN LOOKED UP.

THE OTHER, UH, I HAVE A QUESTION FOR THE APPLICANT.

THE ONLY THING THAT'S GOING TO BE LIT BEYOND ON THAT, UM, ON THE SIDE, ON THOSE SIGNED ARE THE ACTUAL LETTERS.

IS THAT CORRECT? THAT IS CORRECT THOUGH.

THE LETTERS AND THE LOGO, THE WHITE ELEMENTS OF THE LOGO DO LUMINAE AND EACH INDIVIDUAL LETTER.

OKAY.

THAT'S ALL MR CHAIR.

OKAY.

ALL RIGHT.

THANK YOU.

UH, AND SO THIS IS QUESTION FOR LEE.

UM, LEE, CAN YOU SPEAK TO THE, THE POSTING ISSUE AS TO WHETHER OR NOT THIS HAS REALLY BEEN CORRECTLY POSTED BECAUSE IT LOOKS AS I READ IT, IT DOES LOOK LIKE IT'S ASKING FOR ILLUMINATION.

NOT AN INCREASE IN SIGN AREA.

YEAH, A CHAIR.

MR CHERIF.

I THINK IT'S, IF IT HAS TO

[00:35:01]

DEAL WITH ANOTHER PORTION.

OKAY.

LEE, WE HEARD NONE OF THAT.

YOU'RE, YOU WERE BUFFERING THE WHOLE TIME.

YOU WANT TO TRY THAT AGAIN CAUSE WE DIDN'T HEAR ANY OF THAT.

OKAY.

CAN YOU, CAN YOU, CAN YOU HEAR ME NOW? YES.

MY RECOMMENDATION WOULD BE IF THE ILLUMINATION PORTION HERE, WE LOST THE AGAIN.

OKAY.

OKAY.

LET'S SEE.

WE GET LEAD BACK ON HERE.

MELISSA, YOU ARE MUTED.

IT LOOKS LIKE YOU'RE TALKING.

YEAH, SO I WAS TRYING TO SAY, LEE, WHAT I, WHAT I SEE IS THAT WE'RE POSTED OR YEAH, 25 TEN ONE 33 G AND WE PROBABLY NEED TO BE POSTED FOR ONE 33 C AS WELL BECAUSE HE SAYS YOU CAN ONLY BE 150 FEET.

I MEAN 150 SQUARE FEET AND WHEREAS 17 HERE PLAY, YOU NEED SOME OF THESE TOO.

OKAY.

ALRIGHT.

ALRIGHT.

SO, UH, SO GIVEN THAT UH, UM, DID YOU WANT TO CHANGE YOUR MOTION? UH, WELL MICHAEL, DO YOU HAVE SOMETHING TO ADD THERE? POSTPONE BECAUSE I COULD, I COULD UNDERSTAND LEE ENOUGH TO SAY THAT YES, IT'S CORRECT THAT IT'S, IT SHOULD BE POSTPONED.

HE WOULD RECOMMEND FOR US TO POSTPONE AND I AGREE WITH HIM AS WELL.

LOOKING BACK AT IT, IT'S, AND G I THINK I'LL MAKE THAT MOTION.

SO, SO WE HAVE AN ALTERNATE MOTION TO POST AND THERE'S A SECOND BY MELISSA.

SO ARE YOU REMOVING YOUR ORIGINAL? OKAY.

ALL RIGHT.

SO WE HAVE A MOTION TO POSTPONE, UH, UNTIL JUNE 1ST SO THAT WE CAN VET THE, UH, UH, MAKE SURE THAT IT IS CORRECTLY, UM, LISTED IN THE AGENDA.

UM, SO ALL IN FAVOR DON? THAT'S JUNE 8TH.

JUNE 8TH.

ALL RIGHT, THANK YOU TO OUR JUNE 8TH MEETING.

ALRIGHT, WE'VE GOT, UH, LET ME, LET ME GO DOWN THE LIST HERE.

HER HOME.

JUNE.

OKAY, SO WE'VE GOT A, UH, BROOKE, YES.

UH, JESSICA, YES.

WHEN I CAN'T, OH, THERE WE ARE.

OKAY.

AND ATA.

THANK YOU.

MELISSA? YES.

WILLIAM HODGE? YES.

UM, ME.

S ROM.

YES.

UH, DARYL? YES.

YASMEEN YES.

OKAY.

WHEN I CAN'T SEE YOU, IT'S SOMETIMES HARD FOR ME TO TELL.

UM, MICHAEL? YES.

AND KELLY? YES.

THANK YOU.

ALRIGHT.

ALRIGHT, SO, UH, WE WILL UM, REVISIT THIS ON AT OUR JUNE 8TH MEETING.

ALRIGHT, THANK YOU.

AND, AND LEE, SORRY ABOUT THAT.

UM, CAN YOU GUYS HEAR ME NOW? I JUST DIALED IN SO I'M ON THE PHONE NOW.

YES.

YES.

CAN YOU YES.

THANK YOU.

UM, YEAH, YOU JUST STARTED BUFFERING RIGHT AWAY.

OKAY.

UM, LET'S GO ON TO VARIANCES FOR NEW PUBLIC HEARINGS.

UH, THE FIRST ITEM

[Item I1]

IS, UH, ITEM I ONE.

THIS IS C 15 2020 DASH ZERO ZERO ONE FOR RODNEY BENNETT FOR WENDY H DURHAM, UH, 28 15 GLENVIEW AVENUE.

AND UH, RODNEY, ARE YOU AVAILABLE? YES, SIR.

MR CHAIRMAN, CAN YOU HEAR ME? YES.

OKAY.

YES, MR CHAIRMAN,

[00:40:01]

MEMBERS OF THE BRADY BUNCH.

I'M RODNEY BENNETT HERE TONIGHT TO PRESENT TO YOU 28 FEET, 15 GLENVIEW FOR WENDY DURHAM.

UM, I'M REQUESTING THE VARIANCE TO EXCEED THE FAR, UM, FROM 54 EXISTING FAR TO 55 IN ORDER TO CONSTRUCT AN EXTERIOR ELEVATOR.

UM, THE ELEVATOR IS ACCESS TO THE INTERIOR OF THE HOUSE, NOT FROM THE OUTSIDE.

UM, THE ELEVATOR IS NEEDED SO THAT A MEMBER OF THE FAMILY CAN EXIT THE SECOND FLOOR.

UM, THEY DO HAVE A DISABILITY.

THE HOUSE WAS PERMITTED, I DON'T KNOW HOW LONG AGO, BUT THEY JUST HAD A, UH, A PERMIT TO ENCLOSE A PORCH, UM, EXISTING PORCH.

AND THEY WERE ALLOWED TO DO THAT BECAUSE THE FAR WAS ALREADY EXCEEDING.

HOWEVER, THIS ISN'T TRUE ADDITION AND WE HAVE LETTERS IN SUPPORT, FIVE OF THEM AS WELL AS A LETTER OF NO OPPOSITION FROM THE BRIGHTWOOD NEIGHBORHOOD ASSOCIATION.

SO I WOULD HUMBLY REQUEST FOR Y'ALL TO CONSIDER THIS REQUEST FOR A GRANT.

I'M AVAILABLE SHOULD YOU HAVE ANY QUESTIONS? OKAY.

THANK YOU.

UH, YEAH, IF YOU'LL HANG ON THE LINE, THERE MAY BE SOME, UH, QUESTIONS.

UH, SO, UH, RODNEY THERE WAS, UH, IT WAS NOT CLEAR AND YOU DIDN'T SPEAK TO IT, BUT, UM, UH, HOW THEY GOT TO THE 54.

DO YOU KNOW WHEN THAT HOUSE WAS BUILT? I DO NOT KNOW WHEN THE HOUSE WAS BUILT.

NO.

UM, IT HAD OF BEEN BEFORE THE MCMANSION ORDINANCE.

WELL, BUT EVEN BEFORE THE MCMANSION ORDINANCE, THE ZONING ORDINANCE, UM, AT AN FAR OR SF THREE OF 45, WASN'T IT MELISSA, YOU'RE SAYING? NO.

YEAH, IT HAD AN IMPERVIOUS COVERAGE OF A BUILDING COVERAGE OF 40.

OKAY.

ALL RIGHT.

AND CONSIDERATION THE SECOND FLOOR, YOU THREEISH 81 TO 83 ISH.

IT CHANGED.

IT WAS 55% BEFORE THEN.

OKAY.

ALRIGHT.

ALRIGHT.

ALL RIGHT.

SO, UH, ANY QUESTIONS OF THE APPLICANTS? OKAY.

SEEING NONE, UH, IS THERE, UH, ANY, UH, MOTION I'LL MAKE THE MOTION TO OCCUR.

UH, THIS IS JESSICA.

YES.

OKAY.

THANK YOU.

AND THAT WAS ON A THANK YOU.

OKAY.

WHEN I LOOK AWAY, I JUST HEAR VOICES, SO I HEAR VOICES ANYWAY.

ALRIGHT.

UH, SO, UM, WE HAVE A MOTION TO APPROVE, UH, AND UH, UH, BY, UH, JESSICA COHEN AND A SECOND BUYOUT OF CAROLL.

UH, AND, UM, THE, THE THING THAT I WOULD SAY IS THIS IS A SMALL ASK IN, IN THE BIG PICTURE, AND IT, UH, WILL, UH, APPARENTLY PROVIDE A LEVEL OF, UH, ACCESSIBILITY FOR A DISABLED PERSON.

SO, UM, THAT TO ME IS A MMM.

I DON'T, I DON'T HAVE ANY HEARTACHES ABOUT THAT.

ANY OTHER DISCUSSION? OKAY.

UH, SO WE'LL TAKE A VOTE.

THIS IS TO, UH, SUPPORT THIS.

OKAY.

SO WE'VE GOT FINDING, FINDING FINDINGS.

MELISSA, WHAT FINDINGS? OH, I'M SORRY.

YES, THANK YOU.

THANK YOU.

ALRIGHT.

UH, SO WE NEED FINDINGS.

JESSICA YOU'RE GOING TO DO GREAT.

JESSICA HAVE YOU, HAVE YOU EMITTED YOUR COMPUTER AUDIO? OKAY.

WE'RE NOT HEARING YOU AT ALL, JESSICA,

[00:45:35]

WHILE WE'RE WAITING FOR JESSICA, THIS IS A BIT OF AN ASIDE, BUT IN POLIAN DYNAMITE, THERE'S A GREAT SONG CALLED I LOVE TECHNOLOGY.

WANT SOME HELP? YEAH.

IF YOU WOULD.

UH, MELISSA, UH, JUST, I'M JUST PROUD THAT SHE WAS MAKING A MOTION AND I WAS GONNA SIT HERE AND, AND, UH, SO LET'S, LET'S MOVE ON TO THE, BECAUSE WE'VE GOT A HARD STOP AT 10 O'CLOCK, AND I WANT TO BACK.

OH, YOU'RE BACK.

DID IT WORK? CAN I HEAR YOU JESS? ALL RIGHT.

CAN Y'ALL HEAR ME? NO.

YES, NO IDEA WHAT JUST HAPPENED SO MUCH FOR THAT FANCY EXPENSIVE MICROPHONE, RIGHT? SORRY.

NO, I'VE GOT TO GET BACK TO THE FINDINGS.

REASONABLE USE.

THE HOME EXCEEDED THE FAR LIMIT PRIOR TO THE ADOPTION OF EFFORT.

OUR ORDINANCE IN THE ORDINANCE TO START CONSIDERATION, THE NEED TO SEE THE FDR IF IT IS FREE ACCESS OR IS IT JUST NEEDED TO ACCESS THE SECOND FLOOR OF THE HOME BY A PERSON WITH DISABILITY.

AND BECAUSE MOST PEOPLE DO NOT HAVE DISABILITIES HOVERING THE STAIRS CAUSE IT'S NOT AREA CHARACTER EFFECTIVE BECAUSE IT'S NOT, THE SETBACK IS VERY SMALL IN RELATION TO THE STRUCTURE OF THE MORE, ALMOST HALF OF THE PARK.

I HAD A CHANGE THERE.

ONE MORE PART.

I'M SUPPOSED TO MELISSA.

YEAH.

UH, REASONABLY USE HARDSHIP, UM, CHARACTER AND ERA CHARACTER.

YES.

OUR HOUSE WAS, THE HOUSE WAS BUILT IN 2004 PRIOR TO THE MCMANSION ORDINANCE, WHICH ESTABLISHED THE FAR LIMIT.

OH, IT WAS BUILT IN 2004.

OKAY.

ALRIGHT.

ALRIGHT.

SO, UH, WE HAVE A MOTION, UH, BY JESSICA AND A SECOND BY, UH, OUT OF CAROLL, UH, TO SUPPORT THOSE VARIANTS AS, UM, UH, PROPOSED.

UH, ALL IN FAVOR PUT UP YOUR GREEN, RIGHT.

SO, RIGHT.

I'M STILL LOOKING HERE, RIGHT? YEAH.

ARROW THROUGH THE DISMISS.

MICHAEL VON OLIN KELLY BLOOM.

ALRIGHT, THAT PASSES.

YOU GOT YOUR VARIANCE.

THANK YOU.

YEAH, THERE YOU GO, BABY BENNET.

MAKING FUN OF THE BRADY BUNCH NOW.

ALRIGHT, MOVING ON TO, UM, LET, JUST MAKE A LITTLE NOTE HERE.

[Item I2]

UM, ITEM, UH, I TO, THIS IS UH, UH, AND UH, WILLIAM IS ABSTAINING FROM THIS.

UH, IF YOU'RE ABSTAINING, UH, CAN YOU JUST CLICK OFF YOUR VIDEO FOR, FOR THE SHORT TIME? I JUST THINK THAT MIGHT BE A GOOD PROTOCOL.

OKAY.

SO THIS IS A , UH, C 15 DASH 2020 DASH ZERO ZERO ONE SIX.

THIS IS FOR VIDEO AT A 40 13 CLAWSON ROAD.

AND, UH, IT'S A VARIANCE REQUEST, UH, TO DECREASE THE MINIMUM A LOT WITH FROM 50 FEET.

UH, WHICH IS THE REQUIRED, UM, TO 34.8 FEET REQUESTED FOR THE FRONT LOT AND 49.82 FEET REQUESTED FOR THE REAR LOT IN ORDER TO SUB DIVIDE

[00:50:01]

THE CURRENT LOT INTO TWO LOTS AND BUILD TWO SINGLE FAMILY HOMES AND TWO, UM, NEW DWELLING UNITS ON A LOT.

SF THREE.

YES, MR CHAIRMAN.

UH, I BELIEVE WHAT THIS IS AND I WAS JUST TO SAVE TIME FOR EVERYBODY CAUSE WE'RE ON A TIME CRUNCH.

I BELIEVE THIS WAS A VARIANCE THAT WE GRANTED EXACT SAME THING IN 2018 AND IT EXPIRED.

AND BASED ON WHAT I SAW THE 2018 DOCUMENTS AND THESE DOCUMENTS, IT'S THE SAME.

VERY TRUE.

GRANTED LAST YEAR IS NOT, IS THERE SOMETHING DIFFERENT ON THAT DAY? IT'S VERY DIFFERENT THAN WHAT THEY WERE CONDITIONED ON THE OTHER VARIANTS THAT I THINK SHOULD BE PUT ON THIS ONE AS WELL.

BUT BECAUSE YOU PUT THOSE THERE AS WELL.

YES.

AND SO, BUT I JUST WANTED TO MAKE SURE THAT IT WAS ONE THAT WE GRANTED IN 2018 WITH YOUR CONDITIONS.

OKAY.

SO JUST SO THAT EVERYBODY WAS FAMILIAR WITH IT AND THOSE CONDITIONS ARE THAT VARIANTS.

IT'S IN THE BACKUP.

IT SHOWS IT IN THE BACKUP THAT WHAT WAS GRANTED AND WHAT THE CONDITIONS WERE.

OKAY.

ALRIGHT.

VERY GOOD.

UM, SO, UM, WE HAVE, UH, CHRIS, UH, PELINO UH, TO SPEAK OF UM, BEHAVE.

SO WE IN FAVOR OF THE, UH, THE, UH, VARIANTS ON THIS.

YEP.

I'M HERE.

CAN YOU HEAR ME? YES.

OKAY.

THANK YOU.

WELL, UM, WHOEVER WAS POINTING OUT THAT IT'S THE EXACT SAME VARIANCE APPLICATION.

THANK YOU FOR THAT.

UM, I DID, UH, I BOUGHT THIS PROPERTY OVER THREE YEARS AGO AND A LITTLE OVER TWO YEARS AGO APPLIED TO SUBDIVIDE IT AND IT'S MY FIRST TIME DOING THIS.

THEN THE LAND DEVELOP THE LAND USE.

PEOPLE SUGGEST THAT I FIRST GET A VARIANCE BEFORE I SUBMIT THE SUBDIVISION APPLICATION.

I WENT OUT INTO THE NEIGHBORHOOD FOR A MONTH AND I SPOKE TO AND GOT OVER 90, 80% OF MY NEIGHBORS TO SIGN AND SUPPORT AS I MET THEM.

SUBMITTED, YOU GOT PROOF THAT WITH THOSE CONDITIONS AND THEN UNFORTUNATELY THE LAND USE BOOKS HAVE TAKEN SO LONG IN REVIEWING MY SUBDIVISION APPLICATIONS AND THAT EVERYTHING TIMED OUT AND EXPIRED.

SO I'M BACK AT 14 TODAY TO ASK YOU TO RENEW EXACTLY THE SAME THING.

I HAVE ABSOLUTELY NO PROBLEM WITH THE SAME CONDITIONS AS LAST TIME.

THEY WERE VERY REASONABLE AND THINGS THAT PLAN TO DO ANYWAY.

SO YOU KNOW, IN THE INTEREST OF TIME I'LL LEAVE IT AT THAT UNLESS YOU GUYS HAVE ANY QUESTIONS.

OKAY.

ALL RIGHT.

WELL WE MADE A THANK YOU FOR YOUR PRESENTATION AND FOR KEEPING IT SHORT.

OKAY.

UH, ANY QUESTIONS OF THE APPLICANTS? ALL RIGHT, SEEING NONE.

AND MARTHA ARE YOU THERE FOR THIS ONE? YES, DON.

MARTHA WILL BE FILLING IN FOR THIS ONE.

YEAH, I JUST DIDN'T SEE HER ON THE SCREEN HERE, SO .

OKAY.

UH, WELL WE'LL, WE'LL, WE'LL WAIT FOR MARTHA TO SHOW BACK UP.

SO, UM, ANY, UH, ANY MOTION DISCUSSION? BROOKE, I COULD SEE YOUR LIPS MOVING, BUT I CAN'T HEAR YOU NEED, SORRY.

I'M TRYING TO FIND THE TEXT OF THE PREVIOUS VARIANTS BECAUSE WHAT HE FILLING IS FOR LIVING UNITS, THE PREVIOUS VARIANTS, ONE THE CONDITION IS, IS THAT THE GARAGE MUST STAY ONLY GARAGES AND THERE'S A STAY SINGLE STORY.

SO LET FIND THAT THOSE CONDITIONS, BECAUSE I DO WANT THOSE SAME CONDITIONS ON THIS ONE IF WE'RE JUST DOING THE SAME BARRIER.

SO AS SOON AS I FIND THAT I'LL HOP BACK ON.

RIGHT.

THIS IS THE APPLICANT.

MAY I CLARIFY SOMETHING? YEAH.

OH YEAH.

YEAH.

I APOLOGIZE.

I DO THINK THERE IS ONE SLIGHT UH, DIFFERENTIAL NOW THAT THAT'S MENTIONED IN WHAT I SUBMITTED AS A PROPOSED, THE PROPOSED LAYOUT AND THE ORIGINAL, THE ORIGINAL WAS PROPOSING TWO MAIN UNITS TO EIGHT TWO SENSORY DWELLING IN IT.

AND THEN TWO GARAGES AS WELL.

I'VE GOTTEN RID OF THE GARAGES ALTOGETHER.

IT'S JUST FOUR HOUSES BUT PUTTING A CONDITION IN THAT IF ANY GARAGE WERE BUILT, THAT THERE'S NO LIVING SPACES STILL FINE WITH ME.

OKAY.

THAT'S, THAT'S NOT GOOD.

WELL, YOU ASKED ME, DID YOU HAVE A QUESTION? CAN'T HEAR YOU.

CAN YOU HEAR ME NOW? YEP.

YEP.

ALL RIGHT.

SO I JUST WANT TO MAKE SURE I UNDERSTAND CORRECTLY.

SO THE PREVIOUS EXPERIENCE WAS FOR TWO DWELLINGS, TWO GARAGES, MAKING SURE THAT YOU COULD ONLY HAVE TWO DWELLINGS AND SHE GARAGES

[00:55:02]

AND THEN YOU REPLACED IT WITH FOUR DWELLINGS.

AND, AND THE ASK IS WHERE THERE'S FOUR DWELLINGS.

WHEN ONE OF THE RULES TO YOUR LAST SPIRITS WAS THAT IT STAYED TO, TO MY UNDERSTANDING THAT CORRECTLY, UH, SLIGHTLY, ALMOST.

UM, THE ORIGINAL, THE ORIGINAL PROPOSED CATCH HAD TWO MAIN DWELLINGS TO ACCESSORY DWELLING AND TWO, THE IS SIX, SIX ACTUAL STRUCTURES ON THE TWO LOTS.

UM, S THE THREE ALLOWS THAT ON EACH SLOT.

THE, UM, ONE OF THE CONDITIONS THAT WAS OPPOSED WAS IF I DO BUILD A GARAGE, IT COULD BE NO LIVING SPACE ABOVE THAT.

AND I HAVE NO PROBLEM WITH THAT AT THE MOMENT.

MY THINKING IS I'M NOT EVEN GONNA BOTHER WITH THE GARAGES WITH WHY THE NEW PROPOSED SKETCH ONLY SHOWS THE FOUR DWELLING UNITS.

UM, BUT IF I AGAIN, WERE TO APPLY FOR A BUILDING PERMIT FOR A GARAGE, THE CONDITION THAT YOU WOULD PUT IN THERE ABOUT NO LIVING SPACE ABOVE IT WOULD BE APPLIED AND FINE WITH ME.

I JUST DON'T THINK I NEED THE GARAGES ANYMORE.

SO AGAIN, IT'S TWO SF, THREE LOTS EACH ALLOW A MAIN AND AN ADU.

AND I WAS CONSIDERING ADDING A GARAGE WITH JUST THE THREE ALSO ALLOWS THAT.

NOW I'M NOT THINKING OF IT.

BROOKE, WERE YOU ABLE TO MAKE ANY HEADWAY ON FINDING STUFF? YES, I DID.

UM, LET ME READ THESE CONDITIONS.

LET ME READ WHAT WE VOTED ON BEFORE AND WHAT WE PASSED.

OKAY.

THE VARIOUS REQUESTS, UM, DID INCREASE THE MINIMUM WIDTH FROM 50 FEET TO 35 FEET IN ORDER TO SELL TO BUY THE CURRENT LAWN INTO TWO LOTS AND BUILD TWO NEW SINGLE FAMILY HOMES AND TWO NEW SECOND ON EACH LOT.

UH, THE CONDITIONS WHERE THAT GARAGE ON BOTH UNITS STAY IS ONE STORY WITH NO HABITABLE SPACE AND THAT SUBDIVISION BE COMPLIANT WITH THE SOUTH LAMAR FLOOD MITIGATION PLAN, EVEN PRESENT CAPTURE, EVEN THOUGH SINGLE FAMILY USE IS AND THIS WOULD NOT OTHERWISE BE REQUIRED AND THAT A SCREED AREA FOR ALL TRASH RECEPTACLES BEHIND THE PROPERTY LINE BE PLANNED OR AT SUBDIVISION AND ADDED AT CONSTRUCTION.

AND SO THAT IS, THAT WAS OUR DECISION.

AND I HAVE A QUESTION OF THE APPLICANT TO, UH, LOOKING AT, UM, I TO, UM, UH, 11 THAT CHOSE BASICALLY FOR, UH, MATCHING FOOTPRINTS, UH, WITH, UH, THE SECONDARY UNITS HAVING 1100 SQUARE FEET AND THE MAIN, UH, PRIMARY UNITS HAVING 1700.

SO I ASSUMING THEY'RE TWO STORY AND EACH ONE HAS A SINGLE CAR ATTACHED GARAGE, IS THAT CORRECT? THAT IS THE CURRENT PLAN.

BUT AGAIN, UM, IT ALL, IT'LL ALL DEPEND ON WHAT THE PERMITTING DEPARTMENT ALLOWS ONCE WE, ONCE WE DO THE ARC, THE PERMITS.

OKAY.

SO THESE, THIS IS JUST A CONCEPTUAL PLAN.

YEAH, ABSOLUTELY.

OKAY.

ALRIGHT.

ALL RIGHT.

UH, ANY OTHER QUESTIONS? DISCUSSION? YEAH, JUST A QUICK QUESTION ON THE TREES.

ARE ANY OF THOSE TREES PROTECTED THAT YOU'RE TAKING OUT? NONE OF THE TREES THAT ARE BEING REMOVED TO PROTECT ANY PROTECTED TREES ARE BEING, UM, KEPT AND WORKED INTO THE LANDSCAPE.

THANK YOU.

YEAH, BECAUSE THERE ARE A NUMBER OF TREES ON HERE, 23 INCH LIVE OAK, 19 AND A HALF INCH LIVE OAK.

OKAY.

A BUNCH OF LIVE OAKS, IT LOOKS LIKE, AS WELL AS SOME ELMS IN THAT.

SO ONE OF THE REASONS I LOVE THE PROPERTY.

OKAY, WELL BECAUSE YOU'RE SOUGHT, YOUR CONCEPTUAL SITE PLAN DOESN'T, AND THIS IS AGAIN FROM AUGUST, 2017 SO I MAY BE LOOKING AT THE WRONG ONE HERE, BUT IT, UH, IT DOESN'T REALLY REFLECT ANY OF THE, IN TERMS OF THE TREES AND, AND WORKING AROUND THAT.

THE CONCEPTUAL PLAN WAS MORE TO GIVE YOU AN IDEA OF HOW THE LOCK WAS SPLIT WITH THE RED LINE, NOT PLACEMENT OF BUILDINGS.

GOT IT.

OKAY.

ALRIGHT.

UM, I'M MICHAEL, WHERE ARE YOU NORMALLY DON'T PASS VARIANTS ON CONCEPTUALS? IT'S GOTTA BE WHAT? THIS IS GOING TO GO TO THE PLANNING DEPARTMENT.

WHAT'S GOING TO GET APPROVED? I'M REAL HESITANT TO OPEN UP A CHECKBOOK ON SOMETHING THAT COULD BE CHANGING, ESPECIALLY SINCE IT'S GONE FROM JUST, YOU KNOW, A COUPLE OF YEARS, YOU KNOW, THE UNITS WITH THE SIDE

[01:00:01]

GARAGE, IT'S, THERE'S BEEN A DRAMATIC CHANGE ON IT.

I WOULD FEEL BETTER IF WE POSTPONE THIS ONE AND HAVE THEM COME BACK WITH SOMETHING THAT'S, UH, THAT HE'S GOING TO GO FOR APPROVAL AND ON IT THROUGH PLANNING RATHER THAN SAY, WELL, THIS IS CONCEPTUAL AND WE GRANTED A VARIANCE AND THEN IT CAN CHANGE ANYWHERE ALONG THE LINE.

UM, ONCE, YOU KNOW, IT'S JUST GIVING, IN MY OPINION, IT'S GIVING SOMEWHAT OF AN OPEN CHECKBOOK ON, I DON'T HAVE ANYTHING THAT I CAN SAY PER PAGE SO-AND-SO, THIS IS WHAT HE'S GOING, THIS IS WHAT THE VARIANCE IS BASED ON.

I NEED SOMETHING MORE SOLID.

THAT'S JUST WHERE I'M STANDING THERE.

OKAY.

UM, AND, AND, AND I WOULD JUST PIGGYBACK THAT TO SAY, YOU KNOW, OR, UH, THAT, I MEAN, THE ASK IS REALLY FOR A VARIANCE FROM THE SUBDIVISION REQUIREMENTS, RIGHT? BECAUSE THEY'RE ESSENTIALLY WRITING A FLAG LOT, UH, WHICH MAKES THE FRONT LOT NONCOMPLIANT, UH, WITH THE WIDTH THAT'S NEEDED.

AND THEN IT NARROWS DOWN AT THE, AT THE BACK.

BUT IT'S, IT'S, YOU KNOW, SO, SO RIGHT NOW, UH, HE COULD DEVELOP IT AS A, A SINGLE FAMILY LOT.

IT'S, IT'S THE, UH, VARIANCE IS BEING TRIGGERED BECAUSE HE IS TRYING TO SUBDIVIDE IT TO DOUBLE THE AMOUNT OF, OF DWELLINGS ON THERE.

ALRIGHT.

HEY, I APOLOGIZE TO JUMP IF I MAY JUST INTERJECT AS PART OF THE SUBSTITUTE.

DO THE APPLICANT YES, I'VE BEEN DIRECTED, NOT THAT I CAN'T DO A SITE PLAN IS DONE UNLESS WE HAVE A QUESTION.

WE'RE, WE'RE UH, I SHOULD HAVE SAID WE'RE CLOSING THE PUBLIC HEARING.

SORRY.

THIS IS, THIS IS ALL NEW TERRITORY FOR US HERE.

SO, SO IF WE HAVE QUESTIONS OFF OF YOU, WELL, WE'LL ASK.

ALL RIGHT, MICHAEL, GO AHEAD.

I WANTED TO ASK BROOKE, HOW DOES YOUR, BECAUSE I DON'T HAVE THE MULTIPLE SCREENS OPEN, HOW DOES YOUR, UM, CRITERIA THAT YOU ACQUIREMENTS THAT YOU HAD ON, ON THE LAST ERRAND PERTAIN TO THIS? I THINK HE ATTACHED THE GARAGE IS, IF I'M NOT MISTAKEN.

HOW DO YOU FEEL ABOUT, UH, YOUR REQUIREMENTS THAT YOU HAD ON YOUR LAST, LAST QUESTION I WOULD, I'D LIKE TO KNOW IS, IS THERE AN INCREASE IN FAR HE'S TAKEN OUT THE GARAGES, BUT HE'S ADDED MUCH LARGER SECOND UNITS.

BUT I DON'T KNOW IF THAT, BUT BECAUSE THAT'S NOT REALLY WHAT WE'RE, THE VARIANCE IS NOT FOR IMPERVIOUS.

IT'S IS IT IS GOING TO CHANGE THE AREA OF CHARACTER.

THAT STREET IS ALL SMALL SINGLE FAMILY, SINGLE STORY HOMES.

BUT I THINK IT'S ALREADY CHANGING.

SO I DON'T KNOW HOW I FEEL ABOUT THIS.

YOU KNOW, I IN SOME WAYS WOULD LIKE A LITTLE MORE INFORMATION AS FAR AS WHAT THE CHANGES ARE BECAUSE HE IS DOING CHANGES.

THIS ISN'T EXACTLY THE VARIANTS THAT WE VOTED ON BEFORE.

AND, UM, BUT THEN AGAIN, IT IS VOTING ON THE LOT ON THE SUBDIVISION, NOT ON THE, YOU KNOW, HE'S NOT ASKING FOR ANY OTHER VARIANCES AS FAR AS THE STRUCTURES.

WELL, AND I THINK MICHAEL MAY HAVE HAD A, UH, UH, PROPOSED, UH, MOTION ON THAT VEHICLE.

DID YOU LOOK AT THE LIGHT BACKUP BY CHANCE AT THE LATE NIGHT BACKUP.

OKAY.

IS THERE SOMETHING THAT YOU SAW IN THERE, MELISSA? YES.

I JUST DIDN'T SAY IT WHEN I WENT OVER CASES THIS WEEKEND, SO I WAS JUST POINTING IT OUT.

THERE WAS ACTUALLY A QUITE LENGTHY LAID BACK UP.

OKAY.

SHARE ROPE WITH THE LATE BACKUP GUYS.

Y'ALL WILL GET AFTER 10:00 AM THE DAY OF THE MEETING BECAUSE APPLICANTS ARE SUBMITTING IT AFTER THE DEADLINE DATE.

SO Y'ALL WILL ACTUALLY RECEIVE IT THE DAY OF THE MEETING.

BUT I