* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:24] . 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 AM NOT SEEING ANYTHING IN THE ACTUAL PRESENTATION THAT WAS ANY DIFFERENT THAN WHAT WE'VE SEEN HERE TONIGHT. WHAT WHAT SHE'S TALKING ABOUT IS I THINK THE OPPOSITION FROM THE, SOME OF THE NEIGHBORS. GOT YOU. OKAY. SO AGAIN, MICHAEL, UH, YOU MADE, UH, SOME OVERTURES ABOUT POSTPONEMENT. IS THAT EMOTION? YES, SIR. MR CHAIR, I'LL MOVE TO POSTPONE. OKAY. I'LL SECOND, I'LL SECOND THAT CAUSE I'D LIKE TO SEE MORE INFORMATION ON THE DIFFERENCES AND WHAT HE'S ASKING FOR. OKAY. SO WE HAVE A SECOND BY BROOK EMOTION BY MICHAEL VON [01:05:01] OLIN, UM, TO POSTPONE UNTIL JUNE H IS THAT WHAT WE'RE LOOKING AT? YES. OKAY. SO MAYBE ANSWER SOME OF THOSE QUESTIONS IN THE LATE BACKUP YEAH. AND FROM THE NEIGHBORS. YEAH. AND ADDRESS THAT AS WELL. SO MORE SPECIFIC, UM, NOTION OF WHAT IS ACTUALLY BEING PROPOSED AND, UH, AND LOOKING AT WHAT WAS, WHAT OUR CRITERIA WAS BEFORE OR ARE, ARE, UM, MMM, UH, PROVIDED THAT, SO THAT WE HAD ON THERE BEFORE, UM, AS WELL. UH, YASMIN. YEAH. AND I, AND WHEN HE COME, WHEN HE COME BACK, I WOULDN'T BE PARTICULARLY INTERESTED IN THE ARTICULATION OF ANY DRAINAGE ISSUES THAT WAS RAISED BY THE OPPOSITION. OKAY. ALL RIGHT. VERY GOOD. ALRIGHT, ANY OTHER DISCUSSION? ALL RIGHT. SO, UH, WE HAVE A MOTION TO, UH, POSTPONE IT UNTIL JUNE 8TH, UM, BY MICHAEL, RON OLIN AND, UM, A SECOND. MY BROOKE, UM, ALL IN FAVOR, RIGHT? SO IT LOOKS LIKE, OH, MOST THAT ARE HERE. ALL RIGHT. UH, DO YOU NEED THOSE UP THERE ANY LONGER? UM, LA, UM, NO, JUST MARTHA. I KNOW WHERE, OH, I'LL DO IT. EVEN IF THIS IS NOT IN MY, UM, DO I STILL VOTE? EVEN IF I'M NOT SUPPOSED TO BE ON THIS ONE? ACTUALLY, YOU ARE. ALL RIGHT. OKAY. OKAY. SO, OH, THIS IS THE ONE THAT WAS LATE, LIKE ME PARTICIPATING. YOU JUST, OKAY. YES. SO MARTHA, WHAT IS YOUR VOTE? YES. OKAY. ALL RIGHT. VERY GOOD. THANK YOU. ALL RIGHT, SO WE'VE, UH, WE WILL, UH, HEAR THIS CASE AGAIN ON, UM, EIGHT. ALRIGHT, THANK YOU. OKAY, MOVING ALONG. OKAY. LOTS OF PAPER HERE. SO, ALRIGHT. HAS BEEN WITHDRAWN. SO WE'RE MOVING ON TO [Item I4] AND UM, THE CASE IS UM, C 15 DASH 2020 DASH ZERO ZERO ONE NINE. THIS IS DARRYL DAYDEN OR ADMIN. UM, BUT, UH, 26 OH FOUR EAST SIXTH STREET. UM, AND THE APPLICANT IS REQUESTING A VARIANCE, UH, UH, REGARDING FENCES AS ACCESSORY USES TO INCREASE THE HEIGHT PERMITTED FROM SIX FEET FEET, WHICH IS REQUIRED TO EIGHT FEET REQUESTED IN ORDER TO MAINTAIN A RECENTLY CONSTRUCTED FENCE ALONG AN ALLEY, UM, ON THE EAST SIDE PROPERTY ON THE EAST SIDE. PROPERTY LINE IN SF, UH, THREE NP, UM, HOLLY NEIGHBORHOOD PLAN. SO IF WE CAN HERE, UM, THE APPLICANT, UH, DARRELL BADDEN OR DATING . YEAH. GOOD AFTERNOON. UH, TODAY I'M REQUESTING A VARIANCE TO HAVE A FENCE THAT EIGHT FEET ON THE NORTH SIDE OF THE PROPERTY LINE, WHICH FACES THE ALLEY DUE TO THE CITY OF AUSTIN OWNING THE ALLEY AND MY WIFE AND I NEEDING PERMISSION FROM THE CITY DUE TO IT BEING AN EASEMENT FOR SARAH TO A SECTION 25 TO 809 E OF THE CODE. THERE'S A FEW REQUIREMENTS THAT WE MEET. AND ALL THIS IS STEMMING FROM THE FACT THAT WE RECENTLY CONSTRUCTED A SWIMMING POOL AND IF THE FENCE WAS AT SIX FEET, A CHILD OR A PERSON WOULD BE AT A HIGHER RISK OF CLIMBING THE FENCE AND CAUSING SOME SORT OF HAZARDOUS SITUATION. UM, AND WORKING THROUGH THIS, WE, WE'VE OBTAINED, UM, APPROVAL FROM BOTH NEIGHBORS. UH, ONE OF THE NEIGHBORS IS A COMPLEX OF EIGHT, UM, OWNERS. ALL EIGHT OF THE OWNERS HAVE CONSENTED, INCLUDING OUR PROPERTY OWNER TO THE WEST, WHICH IS DAVE HUBER. AND ALL THIS HAS BEEN SUBMITTED TO AT LEAST IN ADDITION, UM, THERE'S A CHANGE OF GRADE BETWEEN THE WEST PROPERTY AND THE EAST PROPERTY OF MORE THAN TWO FEET. AND LIKE I MENTIONED, THERE'S A UTILITY LIGHT POLE. UM, UH, RIGHT NEXT TO OUR FENCE, WHICH COULD ALLOW A CHILD TO CLIMB OVER AND POSSIBLY GET IN OUR SWIMMING POOL. SO, UH, WOULD THAT JUST WANNA OPEN IT UP TO ANY QUESTIONS IF THERE THERE ARE. OKAY. ALRIGHT. WITH THAT, WE'LL CLOSE THE PUBLIC HEARING. UM, I HAD A QUESTION FOR THE APPLICANT. SO THE EIGHT FOOT FENCE, IS IT ONLY ALONG THE ALLEYWAY [01:10:01] OR IS IT ON, UM, BOTH OF THE SIDE YARDS AS WELL. THE FENCE ON THE SIDE YARDS, UM, STARTS AT SIX FEET AND ENDS, UM, I THINK AROUND SEVEN FEET. SO THE, WE TAKE THE AVERAGE OF THAT ONE, SO WE'RE NOT NEEDING AN EXEMPTION FOR, FOR THAT. OKAY. AND, AND, AND ONE OF THE REASONS FOR, UM, UH, REQUIRING THE VARIANCES BECAUSE THE ONE NEIGHBOR THAT CANNOT SIGN OFF ON THIS IS THE CITY OF AUSTIN ON THE ALLEYWAY. IS THAT CORRECT? THAT'S CORRECT. AND LAST WEEK WE RECEIVED A CALL FROM AUSTIN ENERGY, UM, DISCUSSING THE FENCE AND WHAT THEY NEEDED IN TERMS OF REQUIREMENTS TO MAKE IT EASILY ACCESSIBLE FOR THE, FOR THE UTILITY CREW TO SERVICE THE POLE. AND, UH, I BELIEVE THE MEMBER OF CITY OF, I'M SORRY, AUSTIN ENERGY HAS SUBMITTED HIS APPROVAL AS WELL, THAT WE, UH, ARE MEETING THAT CRITERIA. OKAY. ALL RIGHT. THANK YOU. THERE MAY BE ADDITIONAL QUESTIONS, UH, OTHER MEMBERS. ALRIGHT. UH, MICHAEL, MR CHAIRMAN, AFTER LOOKING AT THE PICTURES THAT HE HAS OF THE POLL, I'LL CLOSE. THAT POLL IS TO THE FENCE AND THE FACT THAT HE JUST STATED THAT IT'S AVERAGE FROM SIX FOOT TO SEVEN FOOT. I'M WILLING TO MAKE A MOTION TO APPROVE A SEVEN FOOT FENCE. EIGHT FOOT I THINK IS A LITTLE BIT MUCH, A LITTLE BIT OF A STRETCH FOR THAT ONE. THAT POLE IN THE BACK WHERE THE YARN COMES OUT, USED TO INSTALL THESE POLES FOR AUSTIN ENERGY YEARS AGO IS, IS PRETTY HIGH UP FOR KIDS NOT GOING TO BE ABLE TO GIVE ME UP IF HE SHIMMIES UP AT KOREA. SO COLE ALONG THERE, I'D BE VERY SURPRISED, BUT I THINK SEVEN FOOT IS MORE THAN ADEQUATE AND I'M WILLING TO MAKE A MOTION TO APPROVE A SEVEN FOOT FENCE FOR HIM AND IT'LL ALSO KEEP IT CONSISTENT ALL THE WAY AROUND THE PROPERTY. OKAY. UM, SO WE HAVE A MOTION AND BROOKE, I SEE YOU WAVING YOUR HAND AND I SEE A YES FROM MELISSA AT BROOKE. WILL YOU JUMP IN JUST, JUST REAL QUICK. UM, WHAT IS THE RULE WITH POOL? IS IT THE, UM, A SAFETY RULE ON FENCES WITH UM, YARDS WITH POOLS? IS THAT AN EIGHT FOOT? IT ISN'T A BIRD IF YOU HAVE CONSENT FROM YOUR NEIGHBOR, BUT HE HAS, BUT IT DOESN'T HAVE TO BE A SOLID EIGHT FOOT. IT COULD GO UP TO EIGHT FEET ACTUALLY. AND IF THERE IS A BONAFIDE SAFETY CONCERN, WE HAVE PASSED THEM IN THE PAST. THEY'RE THE BONAFIDE SAFETY CONCERN. THE ONLY THING ON THE OUTSIDE OF THIS FENCE, UNLESS HE INSPIRED HER MAN, IS THAT TELEPHONE POLE AND THAT TELEPHONE POLE IS THAT EVEN THE ARM THAT COMES OFF OF THAT TELEPHONE POLE IS EIGHT FEET HIGH. UH, OH, IT'S FINE. I WAS JUST CLARIFYING. I WAS JUST CLARIFYING WITH THE SWIMMING POOL ISSUE. CAN I ADD ONE MORE THING AS THE APPLICANT? YEAH. UH, ACTUALLY, UH, AGAIN, UNLESS THERE'S QUESTIONS OF YOU. UM, UH, SO, UH, WE'VE CLOSED THE PUBLIC HEARING, SO IF ANY OF THE MEMBERS HAVE QUESTIONS WE CAN, YOU CAN SPEAK RIGHT. I HAD A COMMENT. IF YOU LOOK AT PAGE 10 OF THE APPLICATION, DARRYL, YOU NEED TO SPEAK UP. I'M SORRY. ALL RIGHT. IF YOU LOOK AT PAGE 10, YOU CAN SEE THAT THE, UH, THE POOL IS ACTUALLY A, THERE'S ACTUALLY AN ADU BETWEEN THE BACK FENCE AND THE POOL. SO I DON'T KNOW IF THAT MAKES A DIFFERENCE TO ANY OF THE MEMBERS, BUT THAT'S SOMETHING THAT WE'VE GOT TO MAYBE TAKE A LOOK AT ALSO. OKAY. THANK YOU. ANY ONE ELSE? WE HAVE EMOTION BUT NO SECONDS AT THIS POINT. MELISSA, IS THAT A SECOND? OKAY. MELISSA, IT HAS SECONDED MICHAEL'S MOTION. IS THERE ANY MORE DISCUSSION? ANY MORE QUESTIONS OF THE APPLICANT? OKAY. HEARING NONE. UM, YEAH, THE REASONABLE USE, THE ZONING REGULATION TO AFRICA WOULD HAVE PROPERTY TO NOT ALLOW FOR THE REASONABLE USE BECAUSE THEY ARE CONSTRUCTING A POOL AND HAVE UNDERGONE PERMITTING PROCESS FOR THE POOL WITH THE CITY HARDSHIP. THE HARDSHIP FOR WHICH A VERY INTENSE REQUEST IS UNIQUE TO THE PROPERTY IN THAT THERE'S UTILITY POLE LOCATED RIGHT ACROSS OUTSIDE OF THE FENCE THAT A CHILD, A PERSON COULD USE TO JUMP OVER A SIX FOOT TALL FENCE. THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH A PROPERTY'S LOCATED, BECAUSE AGAIN, THEY'RE NOT SURE IF THE SECTION APPLIES SINCE IT FALLS WITHIN THE CITY ORDINANCE. NONE OF THE SURROUNDING PROPERTIES HAVE ELECTRICAL UTILITY POLES LOCATED RIGHT OUTSIDE OF THEIR FENCE AREA. CHARACTER. THE VERY INTO, WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH PROPERTY IS LOCATED. BECAUSE IT'S SEVEN FOOT CHAIN, SEVEN FOOT FENCE WILL NOT CHANGE THE CHARACTER OF THE BACK ALLEY. MANY OF THE PROPERTIES HAVE SOLID, TALL FENCES FACING [01:15:01] THE BACK ALLEY. THAT'S IT. OKAY. ALL RIGHT, SO WE'VE GOT A, UH, MOTION TO APPROVE, UH, WITH A MAXIMUM HEIGHT OF SEVEN FEET, UM, UH, BY MICHAEL VAN OLIN A SECOND BY MELISSA HOSTELWORLD. LET'S TAKE A LOOK. OKAY. SO, UM, DARRYL, YOU'RE THERE. SO WE'VE GOT IS BROOKE? YES. JESSICA. UH, ALYSSA, UH, WILLIAM, UM, YEAH, YOU GUYS MEAN THERE YOU ARE. AND KELLY. AND AM I MISSING KELLY? OH, THERE YOU ARE. SORRY. OKAY, VERY GOOD. SO YOU GOT YOUR VARIOUS WITH UH, UH, SOME SLIGHT AMENDMENT. ALRIGHT, MOVING ON TO ITEM. [Item I5 (Part 2 of 2)] UM, I FIVE, THIS IS, UH, AGAIN, UH, ONE THAT UH, WILLIAM YOU WERE ABSTAINED FROM. IS THAT CORRECT? YEAH. SO MY, CAN YOU SEE ME OR CAN YOU STAND ME OR CAN YOU NOT? I CAN SEE YOU NOW. OKAY. I'M HAVING AN ISSUE ON MY END. SO HOW ABOUT NOW? YOU'RE, YOU'RE, YOU'RE GONE. ALL RIGHT, THANK YOU. SO YOU CAN JUST TURN YOUR MIC OFF. THERE YOU GO. DON IS ABSTAINING FROM THIS CASE AND MARTHA'S FILLING IN, CORRECT. SO MARTHA, ARE YOU, YEAH, THERE YOU ARE. OKAY. ALL RIGHT, VERY GOOD. SO THIS IS, I FIND, UH, THIS IS C 15 DASH 2020 DASH ZERO ZERO 20. UH, THIS IS JENNIFER, UH, HANDLING FOR YOUR OWN TRADING PARTNERS. UM, FOILS, UH, AND, UH, THIS IS AT 1401 EAST THIRD STREET, UH, AND IS A VARIANCE FROM SECTION 25 DASH TWO DASH A FOUR NINE TWO SITE DEVELOPMENT REGULATIONS FROM SETBACK REQUIREMENTS TO DECREASE THE MINIMUM INTERIOR SIDE SET BACK FROM FIVE FEET REQUIRED TO 2.77 FEET REQUESTED IN ORDER TO COMPLETE A SINGLE FAMILY RESIDENCE IN SF THREE NP, UH, ZONING DISTRICT. UH, THIS IS EAST CESAR CHAVEZ, UM, NEIGHBORHOOD PLAN AND WE DID, UH, HERE, UM, THE NEXT DOOR NEIGHBOR, UH, IN OPPOSITION OF THIS EARLIER. SO I'M LOOKING AT TO SPEAK ON THIS ONE AS DAVID CANCELED. OKAY. ALL RIGHT. THANK YOU. SO GOOD EVENING BOARD CHAIR. PAY THE CASELOADS TO SPEAK ON BEHALF OF PROPERTY OWNER. THANK YOU FOR LETTING US TALK ABOUT THIS PROJECT. UM, I, UH, OF COURSE HEARD THE OPPOSITION SPEAK AND APPRECIATE THE POINTS AND I HAVE SOME COUNTERPOINTS FOR THAT AND I'LL TRY TO WEAVE THEM INTO MY BRIEF PRESENTATION. UH, ESSENTIALLY WHAT WE HAVE IS A, UH, DUPLEX TYPE STRUCTURE ON A SMALL LOT, UH, IN EAST AUSTIN ON A CORNER LOT THAT BACKS UP TO AN ALLEY AS WELL. AND THE, UH, THE UNIT WAS PERMITTED AND IT WAS BUILT IS PASSED ALL INSPECTIONS, BUT WITH THE EXCEPTION OF THE FINAL INSPECTION, UH, BECAUSE IT WAS AT THAT POINT THAT IT WAS NOTICED THAT THERE WAS A FOOTPRINT ISSUE. SO IT WAS BUILT, UH, IT WAS, IT WAS BUILT PER BUTT DESIGN AND IT WAS APPROVED CORRECTLY BY THE CITY OF AUSTIN, UM, ON THE PHONE AS WELL AS DEREK DICKSON, WHO'S THE SURVEYOR WITH WATERLOO SURVEYORS THAT DID THE SURVEYOR SURVEYING UP AND DOWN AND AROUND THE IMMEDIATE AREA. AND, UM, WHAT I UNDERSTAND, AND DEREK CAN SPEAK TO THIS AT ANY TIME, UM, WHAT I UNDERSTAND IS THAT THERE WERE SIGNIFICANT ISSUES WITH THE PROPERTY MONUMENT UP AND DOWN THE ALLEY AND IN THE IMMEDIATE AREA. AND SO THERE WAS CONFUSION AS TO WHAT SURVEY AND WHAT AND WHERE THE PROPERTY PINS ACTUALLY WERE AND HOW, AND WHEN THAT OCCURRED IS SOMETHING I'LL DEFER TO MR. DIXON ON IF HE'D LIKE TO SPEAK TO THAT AFTER I'M DONE. BUT I WILL SAY THAT WHAT I KNOW IS THAT THE FACTS ARE THAT THE PROPERTY WAS PERMITTED. IT WAS DESIGNED. UH, WE DO HAVE, UH, A, I'LL PARAPHRASE A BRIEF STATEMENT FROM, UM, FROM MR. HODGE WHO SPOKE ONLY AS AN ARCHITECT WHO, [01:20:01] UH, IN WRITING EARLIER, UH, THAT, UH, HE, HE WAS, HE DID NOT SEE ANY ISSUE WITH THE DOORS AS THEY'VE BEEN, UH, BROUGHT TO YOUR ATTENTION IN THE WAY THAT IT WAS DESIGNED IN RELATION TO ENCROACHING INTO A SIDE PROPERTY LINE. UH, SO THAT'S THAT, THAT'S THE FIRST I'VE HEARD OF THAT, BUT, UH, PARAPHRASING MR HODGE'S STATEMENT, THAT'S WHAT HE SAID IN TERMS OF HIS DESIGN OF THIS PARTICULAR, THIS PARTICULAR, UH, UH, STRUCTURE, THE STRUCTURE OTHERWISE COMPLIES WITH ALL, UM, SF THREE MCMANSION REGULATIONS. UM, I WOULD NOT SAY IT'S EXTREMELY TALL. I THINK THAT'S A BIT OF A STRETCH AS YOU KNOW, AND MAKE SAN CANARY, YOU'RE, YOU'RE CAPPED AT A 30 FOOT HEIGHT. BUT I DO UNDERSTAND THE CONCERN OF ITS PROXIMITY TO SOMEONE'S HOUSE AND, UH, TO THEIR PROPERTY LINE. UH, AND UH, I WOULD SAY AS WELL THAT ALSO, IT'S NOT UNCOMMON TO, TO BE LESS THAN FIVE FEET FROM YOUR PROPERTY LINE IN EACH, IT'S VERY SPOT. WE HAVE IT SITUATE FOR THE PROPERTY PIN. SIMPLY OR SO OUT OF SORTS THAT IT TOOK A MONUMENTAL EFFORT TO FIGURE OUT WHERE TO PUT THE BUILDING TO BEGIN WITH US. SO WE JUST HAVE A MISTAKE ON OUR HANDS. WE'RE TRYING TO CORRECT. OKAY. UM, YES, THANK YOU. AND DID YOU, YOU SAID THE, UH, YOU HAD THE SURVEYOR THAT YOU WANTED TO YES SIR. I BELIEVE HE, I KNOW HE CHECKED INTO THE CALL EARLIER. HE WAS ON. OKAY. DON, DO YOU WANT TO HEAR FROM HIM? IT IS DEREK NIXON. WHAT WE STILL HAVE, YEAH, WE STILL HAVE SOME TIME. SO LIKE IF HE WANTS TO SPEAK TO LIKE, SURE. I'M HERE. IF YOU WANT TO HEAR FROM HIM. WELL, JUST AS PARDON ME, YOU SHOULD GO AHEAD. YES, I'M NOT GOING TO BOARD DETAILS AND GO INTO THE PROPERTY CORNERS AND ISSUES WE HAVE. I THINK DAVID SPOKE TO IT CLEARLY ENOUGH. A LONG STORY SHORT, THERE WAS AN ISSUE, THE FOOTPRINT OF THE BUILDING AND EVERYTHING NEVER MOVED. IT WAS THE PROPERTY MINE. IT WAS DECIDED LATER ON, NEAR THE END OF IT. ACTUALLY AT THE END OF CONSTRUCTION. IT WAS DETERMINED TO BE, UM, AN ERROR. THE BUILDING ITSELF HAS NEVER MOVED. UM, THERE IS A LOT OF INCORRECT MONUMENTATION UP AND DOWN THIS PROPERTY AND HAD TO TAKE US QUITE A WHILE TO, UH, RESOLVE THE ISSUE ONCE IT WAS DISCOVERED. BUT, UH, I ACTUALLY BROUGHT UP THE ISSUE MYSELF, UM, WHEN I DISCOVERED IT AND NOTIFIED THE PROPERTY OWNER AND THAT STARTED THIS, UH, THIS BALL ROLLING. OKAY. ALRIGHT. WAS THAT CLOSE? THE PUBLIC HEARING? SO I HAVE A QUESTION OF THE, THE UM, SURVEYOR. UH, SO, UH, DID YOU DO THE LAYOUT FOR THE SLAB OR THE FOUNDATION? SO YES, WE STAYED THE FOUR CORNERS OF THE BUILDING AND DID THE FORM SURVEY BEFORE THE SLAB WAS POURED BASED ON AN ORIGINAL, UH, PROPERTY LINE LAYOUT. IT WAS LATER DETERMINED TO BE INCORRECT. OKAY. RIGHT. MICHAEL, DID YOU HAVE YOUR HAND UP? YES, I DID. MR. CHAIR QUESTION FOR THE SURVEY AS WELL, AND YOU GUYS DIDN'T REVIEW IT. PREVIOUS SURVEY, I'M SURE YOUR SURVEYS, NOT THE FIRST SURVEY THAT'S BEEN DONE ON THAT PROPERTY. I SEE YOUR SURVEY IN MY PACKET, BUT I DON'T SEE ANY PREVIOUS SURVEYS. THERE HAD TO HAVE BEEN ONE DONE WHEN THE PROPERTY WAS SOLD. UH, YOU KNOW, THERE'S, THERE'S NUMEROUS TIMES THE SURVEYS ARE DONE ON PROPERTIES. YOU DIDN'T REVIEW ANY PREVIOUS SURVEYS TO DETERMINE WHETHER THESE PROPERTY LINES ARE ACTUAL ARE, ARE ACCURATE. OKAY. SO PROPERTY SURVEYS ARE PUBLIC RECORD, BUT DEEDS ARE, SO WE WENT TO THE PREVIOUS DEED TO DETERMINE IT AND THE PREVIOUS DEED WAS THEY SET OF BUILD NOTES WITHOUT A SKETCH. AND THE CALLS THAT WERE MADE WERE TO CHAIN LINK FENCE POSTS THAT NO LONGER EXISTS. SO WE HAD NO ACTUAL MIND MUTATION THAT STILL EXISTED FROM THE ORIGINAL DATE. AND THERE WAS NO NOTHING, NOTHING WAS SAID. THERE WAS NO, I MEAN YOU DIDN'T GO OUT TO THE, GO DOWN TO THE END OF THE BLOCK AND HIT THE MAJOR PAN AND GPS IT OFF OF THERE. WELL SURE. WE WENT UP AND DOWN BOTH, UH, THIRD STREET AND EPISODE AND THE ALLEYWAY AND FOUND VARIOUS PINS AND THAT'S WHAT WE USE TO CONSTRUCT THE PROPERTY ORIGINALLY. UM, WHEN WE GOTCHA THE SURVEY, WE WENT BACK OUT THERE, UH, THE CREW FOUND ADDITIONAL PINS AND THREW A RED FLAG WHEN THOSE DIDN'T MATCH SOME OF THE PREVIOUS CORNERS. AND LIKE DAVID, UH, UH, MENTIONED EARLIER, THERE ARE SEVERAL TENS [01:25:01] MONUMENTS ON THE STREET ON THIRD STREET THAT DON'T LINE UP WITH CORRECT PROPERTY LINES. AND SO THEY THREW US OFF. SO THEN HOW DID YOU FIND THIS, THESE, THE LAYOUT THAT YOU HAVE NOW, HOW DID YOU FIND IT COME TO THIS ONE THAT I'M LOOKING ON ONE FIVE, 10, WE WENT SEVERAL BLOCKS IN EVERY DIRECTION, LITERALLY SEVERAL BLOCKS TO FIND THINGS THAT MATCHED THE L ON A BLOCK CORNERS. WE WENT AND MEASURED THE OVERALL BLOCK LINES, UH, PLUS THE RIGHT OF WAY WITH, UH, FOR SEVERAL BLOCKS TO RECONSTRUCT, UH, NOT ONLY OUR PROPERTY, BUT ALL THE NUMBER PROPERTIES. AND THAT'S WHEN WE DISCOVERED THAT THERE WAS A FOOT AND A HALF DIFFERENCE. . AND WHAT WAS THE, UH, AT WHAT POINT DID, DID, BECAUSE IT SOUNDS LIKE THAT THERE, THERE WAS DIFFICULTY IN JUST GETTING THE LAYOUT TO BEGIN WITH, WHICH I ASSUME WAS USED, UH, BASED ON THE PRESENTATION, UH, WAS USED, UH, TO, TO CREATE THE MCMANSION, YOU KNOW, 40 FOOT CROSS SECTIONS IN THAT SORT OF THING. UH, AT WHAT POINT DID YOU REALIZE THAT IT WAS LAID OUT INCORRECTLY? IN THE CONSTRUCTION PROCESS. SO LIKE YOU SAID, WE WOULDN'T ORIGINALLY WENT OUT. WE DID NOT FIND REAL PROPERTY CORNERS. WE FOUND SOME ADJOINING PROPERTY CORNERS AND USE THAT FOR OUR ALIGNMENT A SECOND TIME OUT. WE FOUND DIFFERENT CORNERS. MY CREW LOOKS FOR NEIGHBOR CORNERS. UH, AS FAR AS ONE OF OUR PROTOCOLS FOUND ONES THAT WE HAD NOT NOTICED BEFORE OR HAD BEEN THAT STENT. THE CORNERS THAT WE USED, UH, ORIGINALLY WERE PROBABLY STAKED BY A SURVEYOR MAKING, UH, AN ERROR COMING DOWN THE LINE. UH, AND THAT PUTTING THE HALF ERROR WAS PROPAGATED ALONG THAT LINE. WE FOUND SEVERAL PINS THAT MATCH THAT ORIGINAL AREA. OKAY. AND, AND THAT WAS AFTER THE SLAB WAS IN PLACE AFTER THE FRAMING WAS IN PLACE? AFTER WHAT? AT THE COMPLETION OF THE PROJECT, WE WERE GETTING READY FOR THE IMPERVIOUS COVER SURVEY TO DO THAT CALCULATION. OKAY. ALRIGHT. MICHAEL, HOW MANY DOORS ARE LOCATED ALONG THAT, THAT WALL? SO THAT'S A GOOD QUESTION. UM, I WAS THINKING ABOUT THAT AND I IN MY IMMEDIATE PACKET HERE AT THE HOUSE, COMMISSIONER VON OWEN, I DON'T HAVE THAT INFORMATION IN FRONT OF ME, BUT I HA I KNOW I HAVE IT AT THE OFFICE, BUT I WAS GOING TO TAKE A GANDER OR GOING A LARK AND, AND SEE IF IT WASN'T A SOLUTION WHERE WE COULD CHANGE THESE OUTWARD OPENING DOORS TO A SLIDING DOORS AND SEE IF THAT DIDN'T RESOLVE ANY ISSUES. WELL, YOU'RE SORT, SORTA FOLLOWING MY TRAIN OF THOUGHT THERE, MR CASOLA DAVID. BUT, UH, I'M MORE OF ELIMINATING ALL EXCEPT FOR ONE FOR HEALTH AND SAFETY. UH, SO WHAT I WILL DO IS I'LL LET ME, UH, MR CHAIR, IF I MAY MAKE A MOTION TO POSTPONE, I'D LIKE TO KNOW HOW MANY DOORS ARE ON THAT BACKSIDE, WHAT THOSE DOORS SCORE FOR, WHICH ONE WOULD BE THE BEST DOOR TO BE UTILIZED FOR HEALTH AND SAFETY FOR, UH, YOU KNOW, YOU GUYS ARE IN GROCERY ESCAPE FROM A POTENTIAL FIRE HAZARD AND THEN REVISIT THIS. I'M NOT, I'M NOT JUST NOT COMFORTABLE WHERE IT'S AT RIGHT NOW. YEAH, I WOULD AGREE. WE DON'T REALLY HAVE ANY INFORMATION ABOUT THOSE STORES THAT I COULD SEE EASILY IN THE PRESENTATION HERE. ALYSSA, THE, IF YOU LOOK AT THE RECORD SET ONLINE, THERE ARE TWO DOORS THAT FACE THE ADJACENT NEIGHBOR AS WELL AS A LOT OF WINDOWS. THERE'S ACTUALLY ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN, EIGHT, NINE, 10 WINDOWS ON THAT SIDE. AND TYPICALLY WHEN WE'VE CONSIDERED SOMETHING LIKE THIS, WE'D LOOK AT RATING THAT WALL. MMM. SO THERE ARE, AND IF YOU LOOK AT THE TENT DRAWING, I JUST PULLED UP THE PERMITS ONLINE SINCE WE'RE SITTING HERE CAUSE IT, IT SHOWED THE DOORS AND A THREE FOOT SIDEWALK WITHIN THAT FIVE FOOT SETBACK RIGHT NOW THAT IT'S AT 2.77 MMM. THOUGH DAVID'S MATERIAL DID SAY THAT IT VARIED ALONG THE PROPERTY LINE. SO THERE MAY BE SECTIONS OF IT THAT ARE LARGER THAN 2.77 IS 2.77 EDITS JOKE. MMM. IT MIGHT BE BETTER TO SEE WHAT THEY PLAN FOR THE WALL IN ORDER TO PROVIDE, YOU KNOW, SINCE IT'S A FIRE SEPARATION DISTANCE ISSUE. WELL, AND AGAIN, I JUST MAKE THE POINT THAT NONE OF THAT WAS IN THE BACKUP. YEAH, I MEAN YOU WENT ONLINE TO LOOK AT THE ACTUAL PERMIT, BUT THAT WAS NOT PERSONALLY TO US. BUT MICHAEL, [01:30:03] THAT'S WHY MELISSA SO GOOD, MR. CHAIR. BUT MY POINT IS I WOULD LIKE TO SEE THE WINDOWS AS WELL, HOW THEY'RE GOING TO LINE UP, YOU KNOW, UH, FENCES MAKE GOOD NEIGHBORS. OBVIOUSLY FENCES MAKE GOOD NEIGHBORS SOMETIMES AND I WOULD LIKE TO SEE THE WINDOW OF HOW THEY'RE GOING TO LINE UP. UH, I MEAN IT'S REALLY GETTING REALLY TIGHT ON THE NEIGHBOR AND I CAN RESPECT HIS FEELING. UH, HAVING A PREVIOUS HOME THAT I BUILT AN EXTRA, AN EMPTY LOT. AND THE NEXT THING YOU KNOW, MY NEIGHBORS DOOR WAS LITERALLY WALKING OUT AT WHEN AT LEVEL HEIGHT TO MY KITCHEN WINDOW. SO I, I EMPATHIZE WITH THE, WOULD SYMPATHIZE WITH THE NEIGHBOR. I WOULD LIKE TO SEE MAYBE A, A ELEVATION DRAWING OF THAT SIDE. AND, AND THEN AGAIN, DAVID, IF YOU COULD CHECK AND SEE WHICH DOOR WOULD MAKE MORE THAN MOST REASONABLE, EVEN IF IT'S A SLIDING GLASS DOOR OR EMERGENCY OR SAFETY, YOU KNOW, GETTING IN AND OUT OF THE HOUSE. I'LL STICK WITH MY MOTION. I DON'T HAVE A SECOND YET, YOU KNOW, STICKING MY MOTION TO POSTPONE. OKAY. AND, AND UH, AND I'VE ALSO, SINCE IT'S BUILT, I'D LIKE TO SEE SOME PHOTOS OF IT, UH, AS WELL AS THE DRAWINGS. UH, JESSICA YOU HAD YOUR HAND UP JUST THERE WERE SOME PICTURES IN THE LATE BACKUP, BUT I'M CONCERNED WITH, THERE SEEMS TO BE A LOT OF OPPOSITION, NOT JUST FROM NEIGHBORS BUT FROM THE NEIGHBORHOOD CONTACT TEAM. HAS THERE BEEN ANY EFFORT MADE TO CONTACT THEM TO HAVE YOU TRY TO WORK OUT THEIR OPPOSITION? MR KENNETH KILOS? YES SIR. AS FAR AS I KNOW, MY OFFICE REACHED OUT TO THEM, BUT I DON'T HAVE ANY INDICATION THAT THERE WAS ANY, ANY SUBSTANTIVE CORRESPONDENCE. OKAY. ALL RIGHT. SO WE HAVE A MOTION TO POSTPONE, UH, TILL UH, JUNE, UH, EIGHT. UH, IS THERE A SECOND? YES, THERE IS A SECOND. ALL RIGHT. THANK YOU RON. ALL RIGHT. UH, SO WE HAVE A MOTION AND A SECOND. ANY MORE DISCUSSION? ONE MOMENT. SO I'M INTERESTED IN THAT WALL BEING RAIDED. I JUST WANT TO MAKE SURE I'M CLEAR ABOUT THAT. RIGHT. TO SEE WHAT THEY COULD BRING BACK IN TERMS OF THE ABILITY TO MAKE THAT, UH, FROM A FIRE SAFETY STANDPOINT OR LIFE SAFETY STANDPOINT MORE. OKAY. ALL RIGHT. UH, SO, UH, WE HAVE A MOTION TO POSTPONE UNTIL JUNE EIGHT. UH, WE HAVE THE, UH, MOTION BY MICHAEL VAN OLIN, UH, SECOND BY RON MCDANIEL. UM, ALL IN FAVOR. GREENGARD I THINK, HOLD ON. I THINK YES, MEN HAD A QUESTION. YES, YES, YES, YES, I DID. GO AHEAD. UM, JUST ON THE PICTURES SPECIFICALLY, I WOULD LIKE PICTURES FROM INSIDE THE UNIT. I WANT TO SEE EXACTLY WHAT THEY SEE JUST TO SPECIFY. YEAH. GOOD, GOOD POINT. ALRIGHT. ALRIGHT, SO LET'S KEEP THOSE GREEN CARDS UP. ALL RIGHT. HEY, ALRIGHTY THERE. OKAY. UH, SO WE WILL, UH, POSTED AND REHEAR IT NEXT MONTH. IS THERE ANY WAY I CAN HEAR FROM DARRELL ON HIS OPPOSITION? IS THIS NOT THE RIGHT TIME? YEAH, I LOOK IN LOOKING AT LOOKING AT THE BACKUP AND THE OPPOSITION FROM THE NEIGHBORS. I MEAN, IT SEEMED CLEAR THAT THIS IS JUST A MISTAKE THAT THE, THAT THE OWNER OR THEIR SURVEYOR MADE AND I DON'T KNOW THAT THAT GIVES US THE ABILITY TO GRANT ANY SORT OF VARIANCE BECAUSE, OOPS, I MADE A MISTAKE. I DON'T THINK GRANTED A POSTPONEMENT, IT'S GOING TO CHANGE MY MIND. THAT'S WHY I AM OPPOSED TO POSTPONEMENT. OKAY. ALL RIGHT. THANK YOU FOR THAT. JUSTIN. I GOTTA BE HONEST, I'M WITH DARRYL ON THIS ONE. I'M A CUNY LOADING FOR THE POSTPONEMENT SIMPLY BECAUSE IT CAN'T HURT TO GET MORE INFORMATION. BUT LOOKING AT THE PICTURES, NO BACKUP IN THE WAY IT'S CONSTRUCTED. I'M NOT INCLINED TO VOTE FOR THIS. NO. OKAY. ALRIGHT. THANK YOU. ALRIGHT. UH, ANY LAST COMMENTS BEFORE WE MOVE ON? OKAY. ALRIGHT. THANK YOU ALL. UM, ALRIGHT. ON TO THE, UM, LET ME GO BACK TO MIND. ANY PAGES HERE. THIS WILL BE THE, UH, PREVIOUS POSTPONEMENTS. [Item P1] UM, THE FIRST ITEM IS HE WON AND THIS IS A C 15 [01:35:01] DASH 2019 DASH ZERO ZERO SIX 100 KORBEL, UH, WITH PSW, UH, SPRINGDALE LLC, UH, FOR, UM, UH, SEVEN 35 SPRINGDALE ROAD. THE APPLICANT IS SEEKING A BEER, HENCE YOU INCREASE THE MAXIMUM ALLOWABLE, UH, HEIGHT, UH, FROM 40 FEET, WHICH IS THE, UH, ALLOWED TO 60 FEET AND FROM THREE STORIES MAXIMUM ALLOWED TO FOUR STORIES IN ORDER TO RE ERECT A COMMERCIAL OFFICE. USE IT. CS, M. U. C. O. N. P. UM, SO, UH, THIS IS THE GO VOLLEY NEIGHBORHOOD LAND. SO WITH THAT WE HAVE TO HAVE A, SORRY JARED. HORRIBLE POOR BILL. YES SIR. OR BELL CRANKY. CAN I ASK ONE QUICK QUESTION BEFORE WE GET STARTED? UH HUH. I ASSUME I JUST TELL THE TECH WENT TO WINDOWS SWITCH THE SLIDE, IS THAT CORRECT? YES. YES. SO YOU'LL SAY SLIDE ONE SIDE AND IF YOU'RE WATCHING IT ON A LINE, THERE'S GOING TO BE A LAG. SO JUST TRUST THAT WE'RE SEEING THE SLIDE THAT YOU WANT US TO SEE. YES SIR. OKAY, SO WE READY TO GET STARTED? YES. OKAY, GREAT. WELL THANK YOU COMMISSIONERS FOR YOUR TIME THIS EVENING. UH, JARED CORBELL, UH, HERE TO TALK ABOUT, UH, SPRINGDALE FARMS AND THANK YOU. WE ARE LOOKING FOR VARIANTS TO CONSTRUCT A 60 FOOT, UH, COMMERCIAL BUILDING. UM, I WOULDN'T DO IT JUSTICE IF I DIDN'T GIVE A 32ND SPIEL ON WHAT WE'VE BEEN DOING OVER THE LAST 12 MONTHS. AND SO, OH WAIT, I SEE YOU TALKING. OKAY. OKAY. THANK YOU. UH, SO I'M ON SLIDE NUMBER THREE, NEIGHBORHOOD OUTREACH. UH, SO WHEN WE FIRST PURCHASED THE PROPERTY, UH, ROUGHLY 18 MONTHS AGO, UH, WE UNDERSTOOD ITS SIGNIFICANCE TO THE NEIGHBORHOOD. AND SO WE HELD, UH, THREE COMMUNITY MEETINGS, UH, WITH ALL OF OUR ADJACENT NEIGHBORS AND LOCAL BUSINESSES, UH, AROUND THE AREA TO TALK ABOUT THE PROJECT AND WHAT USES THEY MIGHT BE, COULD BE BENEFICIAL TO THE COMMUNITY. UH, AND ALSO TO INTRODUCE US AS A COMPANY TO DISCUSS OUR OVERALL DESIGN STRATEGIES SUCH AS PRESERVATION, SUSTAINABILITY, UH, ET CETERA. UH, I'M ON SLIDE FOUR NOW. AND SO, UH, WE, WE GOT SOME COMMUNITY FEEDBACK WHICH WAS KEEP SOME LEVEL OF FARMING, UH, MIXED USE, OPEN SPACE, UH, AFFORDABLE HOUSING COMPONENT, A WELCOMING ENVIRONMENT AND, AND A PEDESTRIAN ORIENTED SITE. AND SO WITH THAT FEEDBACK WE DEVELOPED NUMEROUS SITE PLANS AND PROGRAMMING OPTIONS. UH, WE FORMED A WORKING GROUP WITH THE NEIGHBORHOOD PLANNING CONTACT TEAM TO DISCUSS ALL OF THE DIFFERENT SITE PLANS THAT WE DEVELOPED. UH, AND ULTIMATELY CAME UP WITH ONE THAT WE ALL FELT WAS, UH, REALLY, UH, NICE, WELL SUITED FOR THIS PARTICULAR SITE. AND DURING THAT PROCESS, UH, OF COURSE WE MAINTAIN CONSTANT COMMUNICATION WITH OUR NEIGHBORS. AND SO IN CONCLUSION, UH, ON SLIDE SIX, UH, WE DID GET SUPPORT AND HAVE SINCE REZONE THE PROPERTY TO CHANGE SOME OF THE CONDITIONAL OVERLAY ITEMS. UH, WE DID RECEIVE SUPPORT FOR THE 60 FOOT COMMERCIAL HEIGHT, WHICH IS ALLOWED FOR BASE ZONING, BUT BASED ON THE TRIGGERING PROPERTIES, WHICH WE'LL GET TO IN A MINUTE, UH, LIMITED THAT, UH, THAT HEIGHT. UH, WE DID EXECUTE AN LOI WITH THE, UH, LOCAL GUADALUPE NEIGHBORHOOD DEVELOPMENT CORPORATION TO PROVIDE EIGHT AFFORDABLE UNITS TO BE CONVEYED AT 60% MSI. UM, WE DID, UH, REACH OUR GOAL OF A HERITAGE TREE PRESERVATION AND WE ARE MAINTAINING A CONSIDERABLE AMOUNT OF THE, UH, FARMING COMPONENT. SO THIS ALL YIELDED A SITE PLAN THAT ESSENTIALLY PROVIDES 86 UNITS, UH, OVER 60,000 SQUARE FEET OF COMMERCIAL. UH, WE ARE KEEPING THE SITE WELL UNDER THE ALLOWED IMPERVIOUS COVER AT 50%. UH, THE MAIN WAY WE'RE DOING THAT IS BY PROVIDING ALL PARKING SUBGRADE. UH, WE ARE, UH, ALLOWED A TWO TO ONE FAR, BUT WE ARE ONLY DEVELOPING TO 0.7 OF THAT. UH, AGAIN, TREE PRESERVATION AND UH, WE'LL LOOK AT THE RESIDENTIAL PROPERTIES, UM, IN JUST A FEW MINUTES. UM, SO WHEN WE LOOK AT OVERVIEW AND HARDSHIP, UH, WE'RE FOCUSING ALL OF OUR EFFORTS ON THE WEST SIDE HERE, UH, WHERE WE'VE GOT ROUGHLY 40% OF BUILDABLE AREA. OH BOY, THAT WENT BY QUICK. UH, THE CURRENT WATER QUALITY ZONE INCREASED DRASTICALLY DUE TO SOME NEW IMPLEMENTED RULES THAT THE CITY AND FORCE, WE ARE LIMITED DRASTICALLY BY HALF PERCENT SLOPE TO BOGGY CREEK, UH, WHICH REALLY INCREASES OUR CRITICAL WATER [01:40:01] QUALITY ZONE. AND WE HAVE TWO TRIGGERING PROPERTIES THAT ARE REALLY IMPACTING US, WHICH IS A CHURCH THAT IS ZONED SINGLE FAMILY AND WE HAVE A PROPERTY AT SPRINGDALE AND GONZALEZ THAT, UH, CURRENTLY RESIDES IN CRITICAL WATER QUALITY ZONE. UH, WHICH MEANS THAT THERE'S NO OTHER FURTHER DEVELOPMENT THAT COULD TAKE PLACE ON THAT ONE PARTICULAR LOT THAT DOES IN FACT TRIGGER THE, UH, THE COMPATIBILITY WRAP IT UP. I ASSUMED THAT THAT WAS THE FIVE MINUTES THAT HE WAS ALLOTTED. IS THAT CORRECT SETH? THAT WAS THREE MINUTES. THREE MINUTES. OKAY. ALRIGHT. UH, SO LET'S GIVE HIM THE OTHER TWO. THANK YOU. OKAY. THANK YOU. UH, SO I'M ON SLIDE 10. UH, AND WE ARE LOOKING AT THE PROPOSED, UH, 60 FOOT HEIGHT AND WHERE THAT COMMERCIAL HEIGHT RESIDES ON THE PROPERTY. I THINK IT'S IMPORTANT TO NOTE THAT WHEN WE LOOK AT THE TRIGGERING, UH, COMPATIBILITY LINES, ALL OF THE RESIDENTIAL USES THAT YOU'RE SEEING ON THE EAST AND WEST SIDE OF THE DRAINAGE CHANNEL. UH, WE, WE HAVE BEEN, I FEEL VERY RESPECTFUL OF THOSE EXISTING, UH, SINGLE FAMILY PROPERTIES. AND SO WE'VE DONE OUR BEST TO REALLY, UH, MAINTAIN THE TWO STORY HEIGHT ALONG THAT, UH, THOSE PROPERTY LINES AS WELL AS PROVIDE ROUGHLY AN EIGHT TO 10 FOOT BUFFER, UM, ON, UH, ON EACH SIDE OF THAT. SO IF WE LOOK AT SLIDE 11, UH, WE'RE LOOKING AT THE NORTHWEST SECTION. UH, THE RESIDENTIAL UNITS ARE 14 FEET BEYOND THE 25 FOOT COMPATIBILITY, UH, SETBACK. AND WE ARE, UH, MAINTAINING FIVE FOOT BELOW THE ALLOWABLE HEIGHT. IF WE LOOK AT THE SOUTHWEST SECTION, UH, WHERE THE PRIMARILY, UH, THE COMMERCIAL BUILDING, UH, AT LEAST IN THIS POINT OF RESIDES, UH, WE ARE NOT CONSTRUCTING ANY IMPROVEMENTS WITHIN 37 FEET OF OUR, UH, OF OUR ADJACENT NEIGHBOR. UH, WELL, UH, BEING ROUGHLY, UH, EIGHT FEET BELOW ALLOWABLE HEIGHT WITHIN THAT 25 TO 50 FOOT COMPATIBILITY SETBACK. JUST AGAIN, TO FURTHER RESPECT THAT PROPERTY LINE, UH, EVEN THOUGH THAT IS AN INVESTOR OWNED PROPERTY AND RENTAL PROPERTY. UH, AND AGAIN, THIS IS THE ONE LOT THAT IS FULLY ENCOMPASSED BY UH, CRITICAL WATER QUALITY ZONE. UH, WHICH MEANS THAT THERE CAN BE NO FURTHER DEVELOPMENT ON THAT ON THAT PARTICULAR LOT, WHICH IS CERTAINLY A UNIQUE, UH, TO THIS PARTICULAR, UH, SITE. AND SO, UH, KIND OF LOOKING AT THE SPRINGDALE SECTION, WHICH, UH, ALONG SPRINGDALE ROAD, UH, THIS WAS CERTAINLY A COMMERCIAL CORRIDOR AND ACTIVITY CORRIDOR WHERE WE ARE ABLE TO IMPLEMENT CHAPTER B AND REALLY INCREASE THE WALKABILITY EVEN WITH THE ADDITIONAL HEIGHT THAT WE ARE REQUESTING. AND MY LAST SLIDE IS THE NEIGHBORHOOD SUPPORT LETTER, UH, THAT WE'VE WORKED FOR, UH, FOR THE LAST 12 MONTHS. ALRIGHT. THANK YOU. ALRIGHT WITH THAT I HAD TO SPEAK TO IT. ALRIGHT. ARE THERE ANY QUESTIONS OF THE APPLICANT? MR CHAIR? YES. MICHAEL. OBVIOUSLY A LOT OF PEOPLE WHO'VE BEEN FOLLOWING THIS FOR A WHILE BECAUSE IT ISN'T LIKE IT'S BEEN UNDER THE RADAR AND THEY HAVE DONE QUITE A BIT OF WORK ON THIS AND, AND MEETING A LOT OF THE CRITERIA OF THE NEIGHBORHOOD AND A LOT OF MEETINGS THAT THEY'VE GONE THROUGH. I'LL MAKE A MOTION TO APPROVE WITH THE, WITH THE CRITERIA THAT, UH, HAS BEEN INCLUDED BY THE NEIGHBORHOOD ASSOCIATIONS IN THE LOI. SO WE HAVE A MOTION BY MICHAEL, I'LL SECOND AND WAS BROKE. YEAH. ALRIGHT. THANK YOU. BROOKE. JUST TO CLARIFY, THAT'S ALSO THE, THE CONDITION IS THAT THE NEIGHBORHOOD PLANNING CONTACT TEAM HAS, IS THAT CORRECT? THANK YOU. AND WHERE ARE THOSE CODIFIED FOLKS? MAY I? I'VE GOT MY IPAD AND MY COMPUTER GOING AT THE SAME TIME, SO I'LL HAVE TO GO BACK. I THINK IF YOU LOOK AT 21, YOU WILL SEE THE INITIAL SUPPORT LETTER AND THEN THE, UH, THE EMAIL WHERE THEY HAD AGREED WITH THE NEIGHBORHOOD PLANNING CONTACT TEAM FOR THREE ADDITIONAL UNITS. I THINK HIS TESTIMONY WAS, UH, THERE WILL BE EIGHT, UH, UH, EIGHT UNITS THAT WOULD BE AFFORDABLE HOUSING UNITS. AND SO I THINK WITH THAT, I MEAN THAT'S THE STUFF THAT I THINK IS AS WHAT MICHAEL IS SAYING IS THAT YOU HAVE TO HAVE AT LEAST EIGHT AFFORDABLE UNITS AND YOU CAN'T GO UNDER THAT ON, UH, , [01:45:01] UH, CHEAT 21 IN OUR BEDROOM WITH THE, WITH THE CORRECTION FROM DARRYL FOR THE EIGHT UNITS, SIR, AS WELL AS THE PARKING IS BELOW GRADE. CORRECT. RIGHT, RIGHT. SO MY UNDERSTANDING IS TO, UH, SUPPORT IT WITH, UH, WITH THE PROVISIONS THAT THE, UH, ITEMS FROM THE NEIGHBORHOOD ASSOCIATION AND OR PLANNING CONTACT TEAM AS SHOWN ON P ONE 21 UNLESS THERE'S OTHER DOCUMENTS. SO I JUST WANT TO BE SPECIFIC, UM, ABOUT THAT SO THAT IF THERE'S EVER A QUESTION THAT THAT CAN BE PULLED UP AND LOOKED AT. WELL AND I THINK IT MAY ALSO NEED TO INCLUDE HE ONE 30 NEIGHBORHOOD OUTREACH. HE ONE 31 IN THE NEIGHBORHOOD FEEDBACK AND GOALS AND THEN HE WON 32 WHAT THEY DID, HE WON 33 NEIGHBORHOOD CONCLUSIONS BASICALLY ALL OF THE INPUT AND CONCESSIONS THAT WERE MADE OF OR REQUESTED BY THE NEIGHBORS. IS THAT OKAY? ALRIGHT. VERY GOOD. ALRIGHT. UM, ANY ADDITIONAL QUESTIONS OF THE APPLICANT OR DISCUSSION? OKAY. REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR THE, THAT WE USE BECAUSE THE CSN NEW ZONING ALLOWS FOR 60 FEET HEIGHT FOR COMPATIBILITY STANDARDS OF OUTDATED LDC AND THE SITE ONLY REALIZES A 40 FOOT ALONG THE COMMERCIAL CORRIDOR. THEY WERE, THEY'RE REQUESTING 60 FOOT TALL STRUCTURE ONLY ALONG THE COMMERCIAL COMPONENT, LIMITED FOUR STORIES. THE HARDSHIP FOR WHICH VARIANTS IS REQUEST IS UNIQUE TO THE PROPERTY. IN THAT THERE ARE SEVERAL ENVIRONMENTAL FEATURES THAT LIMIT THE PROPERTY TO BE DEVELOPED TO THE HIGHEST AND BEST USE. THIS SITE IS BOARDED TEASED BY CRITICAL WATER QUALITY ZONE AND FLOOD PLAIN, TOTALING APPROXIMATELY POINT 88 ACRES. THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE THE PROPERTY CONTAINS NUMEROUS ENVIRONMENTAL CONSTRAINTS THAT ARE NOT GENERAL TO OTHER COMMERCIAL ZONE PARCELS AREA CHARACTER. THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH PROPERTY IS LOCATED. BECAUSE OF THE DRAINAGE CHANNEL THAT INTERSECTS THE SITE CREATES A NATURAL BARRIER BARRIER TO THE PROPERTY, TO THE SOUTH AND NORTH. THE PROJECT IS BOARDED BY AN ACTIVE CHURCH TO THE NORTH FOR RENTAL PROPERTIES TO THE SOUTH. AND THE MAJORITY OF SPRINGDALE DRIVE FROM SESTER CHILD IS TO GOODWIN IS COMMERCIAL USE. THE SURFACE PROBLEM WAS SURFACE PARKING. THAT'S IT, MR. CHAIR. ALL RIGHT. THANK YOU MICHAEL. ALL RIGHT. UM, SO, UH, AGAIN, WE HAVE MOST OF MY MICHAEL, UH, SECOND BY BROOKE. UM, ALL IN FAVOR, GRAB YOUR, GRAB YOUR GREEN OR YOUR GREEN. ALL RIGHT. UH, AND LOOKS LIKE EVERYONE ANY OPPOSED? ALRIGHT, SO YOU'VE GOTTEN YOUR VARIANCE BY THE WAY, MR CRINKLE OVER THERE? YES. MR. PICKLE IS, IS A NICE THING. WON'T BE ALL RIGHT, VERY GOOD. UH, [Item P2] WE'LL MOVE ON TO ITEM P TOO. UH, THIS IS UH, C 15 2019, UM, DASH ZERO ZERO SIX THREE, UH, STEVEN H, UH, REISEN ON 1507 FAIRFIELD DRIVE. THE APPLICANT IS SEEKING A VARIANCE FROM THE MINIMUM SETBACK REQUIREMENTS, UH, THE LDC TO DECREASE THE REAR SETBACK REQUIREMENT FROM 10 FEET REQUIRED TO ZERO FEET REQUESTED IN ORDER TO MAINTAIN AN EXISTING SHED. UH, THIS HAD BEEN HELD UP FOR SOME TIME WITH UM, AUSTIN ENERGY. APPARENTLY THE APPLICANT HAS DONE SOME DEMO, UH, THAT UM, HAS ALLOWED AUSTIN ENERGY TO NOT OPPOSE THE VARIANCE, BUT IT'S STILL IN OUR REALM AS TO WHETHER OR NOT WE WANT TO CONSIDER IT OR NOT. SO WITH THAT, I'LL ASK THE APPLICANT, UM, MR OH, IT SAYS MAKAYA KING. HI CHAIR. THIS IS MICAH KING. UH, THANK YOU FOR HAVING US THIS EVENING AND UH, UM, IT'S OK. AND, UM, I'M WITH HUSH BLACKWELL HERE TO REPRESENT, UH, STEVE REZONE AND THANK YOU ALL FOR BEING HERE AND FOR GRANTING US A POSTPONEMENT LAST TIME TO ALLOW US TO WORK OUT THE PROBLEMS THAT WE [01:50:01] HAD, THE BHEKI AND SATISFIED THEIR REQUIREMENTS, UH, WHICH WE'VE NOW ACCOMPLISHED. UH, THIS PROPERTY IS JUST OUT OF HIGHWAY ONE 83 NEAR OLIN AND TAKING JEN. AND IF WE HAVE Y'ALL SEE THE SLIDE WE HAVE THE FIRST SLIDE UP. THAT'S WAS A BIT OF A SECOND SLIDE. HOLD ON JUST A MINUTE. WE'RE WAITING FOR THE SLIDES. OKAY. OKAY. ALL RIGHT. WE'RE SEEING THE FIRST LIGHT NOW. OKAY, GREAT. SO IF WE COULD GO TO THE SECOND SLIDE, UH, JUST TO PROVIDE YOU A BRIEF OVERVIEW, YOU ALREADY HAVE SOME OF THIS. THE REQUEST IS TO REDUCE THE REAR SETBACK FROM 10 FEET TO ZERO FEET. UH, FOR STEVE RUSSELL, HE PURCHASED THIS HOME IN 1984. IT'S ZONED SF THREE. AND IN 2002, HE DID A REPAIR RECONSTRUCTION WORK TO FIX A STRUCTURE THAT HAD BEEN THERE FOR WHO KNOWS HOW LONG. UM, AND HE HAD RESTORED THAT STRUCTURE BASED ON HIS GOOD FAITH UNDERSTANDING OF, OF THE STRUCTURE BEING IN COMPLIANCE. THIS IS SOMETHING THAT NEVER CAME UP, UM, AT TITLE WHEN HE PURCHASED THE PROPERTY. AND, UH, HE THOUGHT THAT HE WAS IN COMPLIANCE AND IT NEVER CAME UP FOR 20 YEARS UNTIL THIS PAST AUGUST. UH, LIKE YOU MENTIONED, HE'S, HE'S DONE A LOT OF DEMO WORK TO GET THE BUILDING, UH, REDUCED IN SIZE AND AWAY FROM THE COMPLETELY OUTSIDE THE TUE AND AWAY FROM THE CLEARANCE AREA. UH, SO YOU GO TO SLIDE THREE. UH, THE PURPOSE OF THE VARIANT IS TO PRESERVE A LONGSTANDING WHAT USED TO BE A WORKSHOP, UH, THAT NOW PROVIDES A UNIQUE, UH, SORT OF WEIRD AUSTIN SOCIAL INTERACTION SPACE. IT'S BEEN THE PART OF, UH, REUNIONS WAKES BIRTHDAYS AND GATHERINGS FOR TWO DECADES AND WE'RE HOPING TO PRESERVE WHAT'S LEFT OF THE STRUCTURE. YOU GO TO SLIDE FOUR, YOU'LL SEE A PHOTO OF, OF THE STRUCTURE AS IT EXISTED BEFORE THE DEMO WORKS. UM, SINCE THEN, UH, SEVERAL FEET ON THE REAR HAS BEEN THE MOLLIS AND SO WE'VE WORKED TO PRESERVE AS MUCH AS WE CAN. THAT'S, THEY'LL MAKE THE STRUCTURE MEANINGFUL, UH, BUT TRYING TO BE MORE IN COMPLIANCE UM, SLIDE SIDES. UH, AS FAR AS REASONABLE USE, UH, THE, THE USE IS REASONABLE. IT'S THE BEST LOCATION FOR THIS STRUCTURE GIVEN THE LOT. AND UH, THE USE IS REALLY CONSISTENT WITH HIS PROPERTY AND THE NEIGHBORHOOD. UH, IT WOULD ALLOW FOR THE CONTINUOUS OF THIS USE AS A, AS A REALLY SPECIAL, UNIQUE SPACE THAT CONTRIBUTES TO AUSTIN CULTURE AND BRINGS PEOPLE TOGETHER ON SLIDE SIX AS THE HARDSHIP. THE HARDSHIP IS UNIQUE TO THE PROPERTY FOR A FEW REASONS. UH, ONE LIKE WE MENTIONED, THERE'S THE UH, MISUNDERSTANDING, UM, AND SURPRISE ABOUT, ABOUT THIS STRUCTURE BEING IN THE WRONG PLACE. THERE WERE TREES THAT EXISTED, UM, AT THE TIME OF, OF THE RESTORATION OF THAT STRUCTURE IN 2002. SOME OF THOSE I THINK STILL EXIST. UH, AND SO THE SEVERE CONSTRAINT ABOUT WHERE TO, WHERE TO PUT THIS PICTURE, UM, AND IT JUST MAKES SENSE WHERE TO LEAVE IT, WHERE IT IS. UM, IT WOULD BE REALLY HARD TO DO THE STRUCTURE AND IT'S NOT A HARDSHIP EXTERNAL TO THE AREA. THIS IS JUST A REALLY, REALLY UNIQUE STRUCTURE. THERE'S NOT MUCH LIKE IT, UH, IN AUSTIN. I MEAN, UM, IT REALLY IS SPECIAL ON SLIDE SEVEN, UH, AREA CHARACTER, UH, GRANTING THE VARIANCE WOULD NOT ALTER THE CHARACTER OF THE AREA. IT WOULD HELP PRESERVE IT AND CONTRIBUTE TO IT AND BE PART OF WHAT MAKES AUSTIN SPECIAL. IT'S BEEN PART OF THE NEIGHBORHOOD IN 2002 AND UH, NEIGHBORS HAVE WRITTEN HIM A SUPPORT SAYING THINGS LIKE, UH, WE APPRECIATE THE HOMEOWNER'S ARTISTIC CURATE AND SENSE OF COMMUNITY AND THAT THEY SUPPORT THE VARIANTS ON SLIDE EIGHT AND THEIR NEIGHBORHOOD SUPPORT. JUST TO REITERATE SOME OF THAT NEIGHBOR SUPPORT ABOUT HOW THE PROPERTY IS NICE AND A LITTLE BIT WEIRD AND, AND PART OF WHAT MAKES AUSTIN SO WONDERFUL AND THAT THE STRUCTURE SHOULD BE PRESERVED AND HAS SERVED AS A PLACE FOR PEOPLE TO HAVE INFORMED REALLY GREAT MEMORIES AND TO, UM, AS A COMMUNAL SPACE. UM, FINAL SLIDE, SLIDE NINE. UM, I WANTED TO REITERATE THE COMPLIANCE WITH AG REQUIREMENTS AND BASED ON OUR WORK TO DO THAT, [01:55:01] UM, WE COULD SAFELY REDUCE OUR REQUEST BY HALF. I'M GUILTY. REALLY? NO, IT'S FROM FIVE FEET TO FIVE FEET FROM ZERO FEET. THANK YOU. AND I'M HERE FOR ANY QUESTIONS YOU MIGHT HAVE. OKAY. ALL RIGHT. THANK YOU. UM, SO LET'S, UH, CLOSE THE PUBLIC HEARING. UH, SHE BROOKS A HAND UP WAS THE QUESTION. YES. SO WHERE ARE THE DRAWINGS OF WHAT'S THERE NOW? THE PHOTOS ARE WHAT USED TO BE, THERE'S NO SITE PLAN. THERE'S NO PHOTOS OF WHAT'S THERE NOW AND IT LOOKS LIKE THAT ENTIRE DOOR IS COVERED OVER IT. I WOULD LIKE TO SEE SOME IMPERVIOUS, YOU KNOW, CALCULATIONS. OKAY. WE CAN GET THAT FOR YOU IF YOU NEED IT. UM, I MEAN I CALCULATED BASED ON T CAT AND IT LOOKS LIKE WE'RE WITHIN THE IMPERVIOUS COVER LIMITATIONS. UM, OKAY. UH, YEAH THAT, THAT WAS ONE OF THE QUESTIONS THAT I HAD. I MEAN I DON'T KNOW WHAT EXISTS THERE NOW, UH, WITH THE DEMO THAT'S GOING ON WRONG. I SEE YOU. UH, YEAH, JUST, JUST A COUPLE OF QUESTIONS. I HATE THESE CASES CAUSE I WISH WE DIDN'T KNOW ABOUT IT. SO MY FIRST QUESTION IS HOW, HOW, HOW DID MR RISIN DETERMINED THAT HE WOULD, MAYBE I MISSED IT, THAT HE WAS OUT OF COMPLIANCE. I JUST HAVE TWO QUESTIONS. IT WAS A CODE, A CASE, A CODE CITATION IN AUGUST OF LAST YEAR IS WHEN IT FIRST TO, TO HIS ATTENTION. WAS THAT GENERATED BY A COMPLAINT OR UH, UH, SOME OTHER, YOU KNOW, I DON'T KNOW THE ANSWER TO THAT QUESTION. SO AS FAR AS YOU KNOW, HE WASN'T APPROACHED BY ANYBODY FROM THE NEIGHBORHOOD OR ANYTHING LIKE THAT. OKAY. SO THEN THE SECOND THING IS I'M TRYING TO UNDERSTAND YOUR HARDSHIP AND ONE OF THE THINGS I'D LIKE TO HEAR IS A LITTLE BIT MORE CRISPLY STATED. IF I UNDERSTAND CORRECTLY, THE HARDSHIP THEN IS THE CONFIGURATION THE LOT OR THE FACT THAT IT'S BEEN THERE FOR 18 YEARS AND PEOPLE LIKE IT? WELL, IT'S A FEW THINGS. SO IT HAS TO DO WITH THIS IS SERIOUS AND, AND UNDERSTANDABLE MISUNDERSTANDING FROM MANY YEARS AGO BASED ON A STRUCTURE THAT WAS THERE BEFORE HE PURCHASED THE PROPERTY. AND THE FACT THAT THERE ARE TREES THAT, THAT CONSTRAIN THE LOCATION OF THE STRUCTURE, UM, AND THE INABILITY TO JUST MOVE THE STRUCTURE. SO, SO, SO SOME COGNITIVE. SO A COMBINATION OF NOT KNOWING AND THEN ALSO ON TOP OF THAT SORT OF NOT KNOWING REALLY FIVES AND HARDSHIP, BUT MAYBE YOU OUGHT TO GO WITH MORE THAN LOCATION OF THE TREES, ENVIRONMENTAL FEATURES AND THE CONFIGURATION A LOT MIGHT BE A BETTER CASE. BUT ANYWAY, I'LL LET SOMEBODY ELSE GO, BUT THANK YOU VERY MUCH. OKAY. UM, MICHAEL AND THEN WILLIAMS, UH, I JUST WANT TO KEEP US ON TRACK THAT THIS IS NOT IN FRONT OF THIS COVERED ISSUE. THIS IS MORE ABOUT, UH, HIS ENCROACHMENT ON, ON THE UNIT AND AUSTRIAN UTILITY. AND PART OF IT, I BELIEVE IT WAS BECAUSE AUSTIN UTILITY, HE COULD NOT ACCESS THE POLE AND THEIR UTILITIES BEING IN BACK, BUT I JUST DIDN'T WANT US TO GO DOWN ANOTHER TANGENT. IMPERVIOUS COVER WHEN THAT'S WHAT WE'RE POSTING. YEAH, I THINK MICHAEL WOULD, IT SPEAKS TO, UH, IS A DISREGARD FOR THE RULES AND REGULATIONS OR DEVELOPMENT OF LAW. SO IF YOU, YOU KNOW, UH, BUILD SOMETHING WITHOUT A PERMIT, PUT IT IN THE SETBACK AND BUILD A BUNCH OF IMPERVIOUS COVER AROUND IT AND STUFF LIKE THAT. IT SHOWS A GENERAL DISREGARD. UM, I AGREE WITH YOU, MR. CHAIR, BUT I JUST DIDN'T WANT US TO GET OFF ON SOMETHING THAT WE WEREN'T POSTER FOR. RIGHT, RIGHT. UH, WILLIAM, GO AHEAD. YEAH. SO, UM, THIS IS A QUITE, UH, KIND OF A QUESTION SLASH STATEMENT. THE APPLICANT AGAIN AS MELISSA SAID, SEND SOME HERE COMPUTER. UM, THIS, YOU KNOW, THE APPLICANT BOUGHT THIS PROPERTY IN 1984, UM, IN THE STRUCTURE WAS ALREADY THERE. MMM. IN 1984. IT WOULD HAVE BEEN DIFFICULT FOR ANYBODY TO RESEARCH WHETHER OR NOT IT HAD BEEN PERMITTED. UH, I DON'T SEE ANY PERMITS FOR THE RENTAL HOUSE OR FOR ANY STRUCTURING OR IT'S A CODE VIOLATION IS FOR AN UNPERMITTED. UM, HOWEVER IT STATES THAT WORK WAS DONE IN 2002 [02:00:01] TO RE REHABILITATE THE STRUCTURE, UH, WHERE IT IS ON THE, YOU KNOW, ON THE PROPERTY LINE IN A PUB. UH, AND AT THAT TIME IT WOULD HAVE BEEN POSSIBLE TO SEE WHETHER THE PERMIT, SO FROM MY POINT OF VIEW, UM, THE FACT THAT IT WAS ALREADY THERE, UM, AS YOU SAID, UH, UM, IGNORANCE IS NOT AN OFFENSE. THERE IS A CERTAIN KIND OF DISREGARD. BUT GIVEN THAT IT'S BEEN THERE SINCE I WAS IN FIRST GRADE, I'M INCLINED TO SUPPORT THIS BUT TO UM, TO, TO REPEAT AND ADD ON TO WHAT, UH, OR MEMBER BAILEY SAID, UH, WE NEED TO SEE A SURVEY, SOMETHING THAT'S OFFICIAL THAT SHOWS WHAT IS THERE NOW. AND I DO THINK THAT IMPERVIOUS COVER AND SEEING WHAT ALL IS ON THE LAW IS A LEGITIMATE THING TO ASK FOR. MMM. AND A SURVEYOR CAN DO AN IMPERVIOUS COVER SURVEY CALCULATION AS PART OF THEIR SURVEY AND SUBMIT IT. AND I THINK THAT THE FACT THAT AUSTIN ENERGY HAS SIGNED OFF ON IT MEANS THAT IT COMPLIES WITH WHAT THEY WANT. BUT WHAT NATIONAL ELECTRICAL CODE REQUIRES IN TERMS OF SETBACKS FROM LET'S GO LINE. WHAT THE P WE ON THIS LOT IS, DOES NOT, DOES NOT MATCH. IT IS NOT EQUAL TO YOUR SETBACK REQUIREMENTS. UM, ANY C YOU ACQUIRE SEVEN AND A HALF FEET OFF OF THE CENTER LINE OF CONDUCTOR TO WALL OF ANY, ANY, UH, ANY STRUCTURE, VUE IS FIVE FEET AND AYE. AYE. MOVE TO POSTPONE OR I WOULD NEED TO POSTPONE SUCH THAT WE CAN SEE A SURVEY AND WHAT'S EXACTLY THERE. RIGHT. OKAY. ALRIGHT. AND JUST TO PIGGYBACK A LITTLE BIT OF THAT TOO, I, YOU KNOW, RIGHT NOW IF YOU LOOK AT THE PACKET THAT WE HAVE ON , UH, SHEET 16, THE, UM, SHOP, THE WOOD SHOP. AND I AGAIN, I DON'T KNOW WHAT, HOW MUCH OF IT HAS BEEN DEMOED, UM, TO THE POINT WHERE IT REALLY COULD BE FULLY DEMOED, BUT, UH, IT'S ON THE INCREASE OF PROPERTY. UH, SO I'D LIKE TO KNOW WHAT THE PROPERTY BEHIND THEM, IF THAT PROPERTY OWNER IS IN FAVOR OF THIS OR NOT. UM, DID I SAY YES AND THEN DERRICK, THAT IF YOU'D LIKE TO SHARE. ALRIGHT. SO CAN YOU HEAR ME? YES. OKAY. I'VE GOT A MINUTE BEFORE. I'M GOING TO HAVE TO GO FIND A PLACE TO PLUG IN. SO I WOULD LIKE TO KNOW HOW TALL IT IS BECAUSE THERE, THERE WERE PROVISIONS IN THE CODE THAT ALLOWED FOR A FIVE FOOT SETBACK. IF IT WAS, YOU KNOW, IT AS THE CODE CHANGED, IT NOW SAYS IF YOU'RE ON AN ALLEY, YOU COULD HAVE A FIVE FOOT KNIT INSTEAD OF A 10 FOOT IF IT'S LESS THAN 15 FEET IN HEIGHT. SO I'M INTERESTED IN HOW HIGH IT IS. IF YOU GO TO THE AUSTIN HISTORY CENTER, YOU COULD PROBABLY PULL THE PERMIT HISTORY ON IT. ANYTHING THE CITY COMPUTERIZED IN LATE 1979 IF THERE IS A PERMIT FOR THE HOUSE OR THE STRUCTURE OR EVEN A, YOU KNOW, AN INSURANCE MAP, IT'S GOING TO BE AT THE HISTORY CENTER. UM, AND YOU'D BE ABLE TO TELL IF THEY JUST REMODELED THE SHED OR NOT. I AGREE THAT IT'S QUITE A COLLECTIC AND, AND I UNDERSTAND THE SENTIMENTALITY OF, I JUST WANT TO MAKE SURE THAT IT'S SAFE. UM, SO I'M INTERESTED IN THE HISTORY, HOW TALL IT IS, WHERE IT ACTUALLY IS. I SEE THE DRAWING AND ALL THE IMPERVIOUS COVER THAT STOPPED WHAT'S POSTED. IF IT'S INFORMATION THAT SOMEONE NEEDS IN ORDER TO MAKE A DECISION, I'M NOT OPPOSED TO THAT. IT'S NOT SOMETHING I'M THAT INTERESTED. OKAY. DARRYL? WELL, YOU WERE POINTING OUT, IF YOU LOOK AT THE SURVEY THAT IS DONE IN NOVEMBER, THAT'S ATTACHED AS A DOCUMENT, 16, THE, THE, THE REASON WHY THAT WOOD SHOP ENCROACHES SO MUCH ONTO THE OVERHEAD LINE, WHICH IS ON THE ADJACENT PROPERTIES BECAUSE THIS WOOD SHOP IS ON THE ADJACENT PROPERTY. THAT'S THE PROBLEM. UH, WHEN THIS PROPERTY WAS PURCHASED, THERE WOULD HAVE BEEN A SURVEY THAT WOULD HAVE SHOWN ALL OF THIS AS ENCROACHMENT AND THAT THAT WOULD HAVE BEEN KNOWN TO THE PURCHASER. THE OTHER COVERED WOOD STRUCTURE IN THE SOUTHWEST CORNER IS SO ENCROACHING ON THE, THE OTHER, UH, ON THE OTHER LOT UNLOCKED 22. UM, AND SO YEAH, I WOULD BE AMENABLE TO TAKING CARE OF SOMETHING LIKE THIS OR APPROVING THIS. AS LONG AS THOSE ISSUES ARE, ARE TAKEN CARE [02:05:01] OF. I MEAN, I DON'T WANT TO BE SEEN AS APPROVING SOMEBODIES TRESPASS ONTO AN ADJACENT PIECE OF PROPERTY. OKAY. MIKE, IF I COULD, UH, ACTUALLY, UH, WE CLOSED THE PUBLIC HEARING, SO UNLESS THERE'S A QUESTION OF, UH, APPLICANT, UH, SO, UH, AND JUST TO, TO SAY THAT TOO AND THEN I'LL GET BROKEN, THEN I'LL UH, UH, REVISIT, UH, JESSICA AND WILLIE, BUT THERE'S ALSO A COVERED CARPORT, WHICH IS ONE OF MY PET PEEVES IN THE FRONT YARD SETBACK. UH, I THINK THERE, THIS SITE IS FRAUGHT WITH, WITH UH, UH, UH, PROBLEMS. SO GO AHEAD BRO. UH, TURN YOUR MIC ON. BROOKE. I KNOW THAT SOMEBODY WAS SAYING THAT THIS, THIS SHED WAS THERE, BUT THE APPLICANT STATED THAT THEY REBUILT IT FROM SCRATCH ROUND UP IN THE SPOT THAT AS STRUCTURED USED TO BE, SO THIS STRUCTURE IS NOT FROM THE EIGHTIES OR WHATEVER. I'M NOT SURE WHEN HE BUILT THIS STRUCTURE, IT WASN'T ORIGINAL TO THE HOUSE. IT WAS IN THE SPOT WHERE SOMETHING ELSE WAS, BUT WE DON'T KNOW WHAT THAT FOOTPRINT WAS. RIGHT. I GOT THE, WAS THAT NOT THE 2002 DATE? I GOT THE IMPRESSION THAT THE REBUILD, THAT IT WAS A METAL SHED THERE AND THEN THE REBUILD WAS IN 2002. IS THAT MR. KING, IS THAT CORRECT? YEAH. SO, SO THE ORIGINAL STRUCTURE WAS THERE, UH, WE DON'T KNOW SINCE WHEN, UM, THE MAIN HOUSE OR THE HOUSE WAS BUILT IN 1960, I THINK IT WAS. AND UH, I KNOW THAT HE DID A LOT OF WORK WHEN HE, WHATEVER WORK HE DID ON THIS WOOD SHOP, I THINK HE MIGHT'VE USED, UH, SOME OF THE SAME MATERIALS AND THEN ADDED TO IT. I'M NOT SURE EXACTLY THE PERCENTAGE OR, OR HOW HE APPROACHED THAT. I KNOW THAT HE IS THE KIND OF PERSON WHO REUSES AND REPURPOSES MATERIALS. UM, AND THEN IF I CAN QUICKLY ADDRESS SOME OF THE IMPERVIOUS COVER AND OTHER ISSUES THAT Y'ALL WOULD LIKE, UH, WELL WE WILL, YOU MAY BE ADDRESSING THOSE NEXT MONTH. UM, UH, SO, UH, JESSICA, YOU, DID YOU HAVE YOUR HAND UP? YOU NEED TO TURN ON YOUR MIC? I DID. SORRY. I WANTED TO, I HAD A QUESTION FOR THE APPLICANT AND I JUST, A LOT OF PEOPLE HAVE BEEN ASKING WHETHER OR NOT, UH, THE NEIGHBOR OF THE PROPERTY FOR WHICH THE SHED IS ENCROACHING ON HAS APPROVED OR DISAPPROVED. I WAS HOPING TO GET AN ANSWER FOR THAT. WHAT IS THE NAME? YES, I CAN RESPOND TO THAT. THIS IS MICAH. UH, SO THE NEIGHBOR, UH, TO THE REAR DOES NOT HAVE A PROBLEM. NEVER HAS HAD A PROBLEM WITH THIS. UH, AND IN FACT THE, THE WOOD SHOP IS NO LONGER ON THAT PROPERTY. THIS WAS PART OF THE CONFUSION IS THE FENCE LINE, UH, WASN'T AS MUCH AS LIKE TWO AND A HALF FEET OFF OF THE PROPERTY LINE. AND UM, SO THAT WAS A SURPRISE TOO WHEN I TALKED TO STEVE AT THE BEGINNING OF THE STATE. AND, UM, I KNOW THAT HE PLANS TO REMOVE THE COVERED WOOD STRUCTURE ON THE CORNER OF THE PROPERTY AND UM, AND THERE'S NOT A LOT OF IMPERVIOUS COVER ON THE FRONT AS FAR AS HOW MUCH IS LEFT OF THE WOOD SHOP. WE'RE COMPLETELY OUT OF THE FIVE FOOT TWO U E AND WE BOUGHT THE WORK WITH H E TO GET OUT OF, UM, THE CLEARANCE AREA. THAT'S FOR THE MOST PART. UH, AND HAS THIS, UH, UH, BEEN USED OR CURRENTLY USED AS AN ADU OR RENTAL UNIT AT ALL? NO, NOT AT ALL. SO HE DOESN'T RUN IT FOR, UM, FOR, UM, UH, UH, TO HAVE, UH, UH, EVENTS OR ANYTHING LIKE THAT? NO, HE'S RETIRED. HE'S A RETIRED COUNSELOR AND PROFESSOR AT ACC. IT'S MORE FOR, UM, UH, SOCIAL AND, AND SOARING COLLECTIONS. AND, UM, HE, UH, HE DOESN'T HAVE PLUMBING. UM, AND IT'S, IT'S NOT A, IT'S NOT AN ADU. OKAY. ALL RIGHT. AND, UM, UM, WILLIAM, YOU HAD YOUR HAND UP AGAIN, JUST, JUST ONE BRIEF THING THAT I, I THINK THIS IS, UH, THIS IS IMPORTANT TO REQUEST FOR THE HEIGHT, UH, SPECIFICALLY AT THE TIME, UH, UNTIL RECENTLY, UM, WHENEVER A STRUCTURE WAS WORTH SEVEN AND A HALF FEET FROM A CONDUCTOR, UH, THERE WAS A 12 FOOT CLEARANCE, UH, IN, IN VERTICAL SECTION. SO I THINK KNOWING, AT LEAST HAVING IT NOTATED ON THE SURVEY, WHAT CURRENT HEIGHT OF THE STRUCTURE IS, I THINK IS IMPORTANT TOWARDS, UH, GETTING, GETTING PEOPLE LIKE MYSELF TO, TO, TO APPROVE THIS. I'M IN PRINCIPLE, NOT OPPOSED TO THIS, BUT WANT TO SEE, OKAY. WHAT TIME YOU THERE? ALL RIGHT. SO, UH, WILLIAM ATTENDED LIKE THAT YOU, [02:10:01] UH, HAD, UH, MADE A MOTION FOR A POSTPONEMENT, IS THAT CORRECT? I MOVED TO POSTPONE. OKAY. AND IS THERE A SECOND? GOTCHA. OKAY. ALL RIGHT. WE'LL GO WITH THAT. UM, AND SO, UM, ALL RIGHT, ANY MORE DISCUSSION JUST TO MAKE SURE THAT THEY BRING A CURRENT WHAT IS CURRENTLY THERE AND EVEN SHOWING WHAT THEY PLAN TO DEMOLISH SO THAT WE HAVE SOMETHING TO REFERENCE WITH THE VARIANCE WHETHER WE APPROVE IT OR NOT. OKAY. WE HAVE TO TIE IT TO SOMETHING. YES. AND I WOULD LIKE TO SEE AS PART OF THAT, UM, YOU KNOW, UH, IMPERVIOUS COVER, WHETHER OR NOT THERE ARE OTHER KNOWN VIOLATIONS, I E. CARPORTS IS THERE A VARIOUS FOR THAT CARDBOARD? IF NOT, YOU MAY WANT TO BE LOOKING AT THIS HOLISTICALLY AND THEN COMING BACK TO US FOR MULTIPLE, UM, MULTIPLE VARIANCES. I REALIZED THAT HE'S GOTTEN ONLY CAUGHT ON ONE THING IN TERMS OF CODE ENFORCEMENT, BUT A, DARYL, I HAD ONE MORE QUESTION. UM, AS I LOOK AT THAT POOL, IT LOOKS TO BE AN ABOVE GROUND POOL. ONE OF THE HARDSHIPS IS THAT, WELL, WE HAVE A POOL AND WE CAN'T MOVE THE POOL IN THE DECK. I JUST WANTED TO MAKE SURE THAT THAT'S NOT AN IN GROUND POOL, ISN'T IT? IT'S ABOVE GROUND, BUT THE WOOD DECK, UH, ELEVATED AROUND IT. I'M SORRY, I DIDN'T HEAR THAT. BUT IT'S A, IT'S AN ABOVE GROUND POOL WITH A WOOD DECK THAT'S ELEVATED AROUND IT. OKAY. YEAH. BUT IF, UH, YOU KNOW, FROM MY PERSPECTIVE, IF A, UH, THE BACK OF A BUILDING CAN BE TAKEN OFF, YOU CAN CUT BACK A DECK TOO, SO. OKAY. ALL RIGHT. UM, SO ANY, ANY FURTHER DISCUSSION? ALL RIGHT, SO THE MOTION BY WILLIAM WAS TO POSTPONE UNTIL JUNE 8TH, UH, SO THAT WE CAN GET MORE INFORMATION, UH, ON THIS. AND WE HAD A SECOND BY JESSICA. ALL IN FAVOR? THREE. OKAY. UH, ALL RIGHT. UH, AND UH, ANY OPPOSED? UM, WHERE ARE YOU WITH, ARE YOU ABSTAINING? OH, YOU'RE AGREEING. ALL RIGHT, THANK YOU. ALRIGHT, VERY GOOD. SO WE WILL NEXT MONTH AS WELL. THANK YOU ALL. YEAH, THANK YOU. APPRECIATE YOUR TIME. OKAY. UH, MOVING ON TO ITEM, [Item P3 (Part 2 of 2)] UH, P THREE, UH, THIS IS, UH, DAVID CAN'T SEE YOUR LUCY IS, IS, UH, 2020 DASH ZERO ZERO THREE. IF YOU CAN'T SEE ALYSE FOR ADDISON, TOM, UH, 34 OH NINE NEIL STREET, THIS WAS, UH, ONE THAT WE HAD HAD, UH, TOPAZ, UH, NYGAARD MCGARRIGLE, UM, IN OPPOSITION, UH, EARLIER THIS EVENING. SO, UH, IT IS A VARIOUS REQUEST, UH, TO DECREASE THE MINIMUM LOT WIDTH FROM 50 FEET TO 33.5, NINE FEET, UH, IN ORDER TO, AND IT DOESN'T ACTUALLY SAY, BUT IT'S TO, UH, SUBDIVIDE THE LOT TO ALLOW, UH, CONSTRUCTION OF, OF MORE, UM, UH, HOUSES AND WHAT WOULD BE ALLOWED CURRENT . THANK YOU, CHAIR. THANK YOU BOARD. UM, THAT'S RIGHT. IT IS A SUBDIVISION OF A APPROXIMATELY 19,500 SQUARE FOOT LOT ALSO NEIL AND IT, UM, IT'S A 1930S ERA. I SHOULDN'T SAY A LOT. IT'S ACTUALLY A TRACT AND IT HAS AN APPROXIMATE, UH, 1800 SQUARE FOOT HOUSE, 1936, 1800 SQUARE FOOT HOUSE THAT'S THERE. AND WHAT WE HAVE BEEN PROPOSING TO DO AND WORKING WITH THE CITY FOR ALMOST A YEAR NOW, IS TO SUBDIVIDE THROUGH THEIR PROCESS AND CREATE A FLAG PLOT. AND WE ANTICIPATED, AS I EXPLAINED AND PART OF THE BACKUP THAT WE, WE THOUGHT THAT WE WOULD HAVE A VARIANCE REQUEST COME BEFORE YOU FOR LESS THAN ONE FOOT. UM, BECAUSE OF THE TOTAL WIDTH OF THE FRONTAGE ALONG NEAL OF, OF THIS LOCK, THREE BEING ABOUT 64 FEET AND CHANGE. SO IT WASN'T ENOUGH TO REALLY DO 15 FOOT FOR THE FLAG POLE AND 50 FOR THE REMAINDER LOT. INSTEAD, [02:15:01] THE CITY, UH, REQUIRED A TWO FOOT DEEP BY 15 FOOT WIDE BUMP OUT ALONG THE RIGHT OF WAY. IT MADE IT PART OF THE FLAG LOT. SO IT REDUCED THAT REMAINDER LOT PROPOSED WITH FROM APPROXIMATELY 49 FEET TO ABOUT 33 FEET. AND THAT THAT BUMP OUT IS STRICTLY FOR THE USE OF, OF, UH, OF UTILITIES SO THAT THEY, THAT'S WHERE THEY WANT THE UTILITY PLAN. BECAUSE AS YOU, AS YOU MAY KNOW, AS PART OF THE SUBDIVISION AND APPLIED LOSS OF DIVISION IN PARTICULAR, YOU HAVE TO HAVE UTILITY PLAN AS PART OF YOUR, UH, YOUR PAPERWORK. AND SO IN DECEMBER WHEN WE RECEIVED THIS COMMENT FOR THE FIRST TIME FROM THE CITY, WE, UM, IMMEDIATELY WERE, UH, SURPRISED AND TRIED TO WORK THROUGH THE PROBLEM AND THERE'S NO WAY THE CITY'S GOING TO BUDGE. THEY DEFINITELY WANT THAT, THAT BUMP OUT. AND SO WHAT WE'VE GOT REGARDLESS OF THE PUMP OUT, UM, IF WE JUST HAD TWO REGULAR LOCK, TWO REGULAR FLAT LOTS, WE'D HAVE ONE. IT'S ABOUT 10,000 SQUARE FOOT, ONE THAT'S ABOUT 9,000 SQUARE FOOT. AND UH, ONE WOULD HAVE ABOUT AN 1800 SQUARE FOOT HOUSE IN WANT TO HAVE ABOUT A 1300 SQUARE FOOT HOUSE. SO WE'RE NOT PROPOSING ANYTHING NEAR THE 15 HOMES THAT WERE, WAS PUT OUT THERE BY MR MCGARIGGLE. UM, WE'RE NOT PROPOSED ANYTHING MORE THAN WE'LL BE ALLOWED BY AS IF WE KEPT IT AT 20,000 SQUARE FOOT. LOT OF, WE'RE NOT PROPOSING TO DO FOUR UNITS PLUS GARAGES OR ANYTHING OF THAT NATURE. AND THE LOCATION OF THE DRIVEWAY, WHICH WAS AN ISSUE FOR THE ADJACENT OWNER, IS OUT OF OUR CONTROL. THAT'S, AND FRANKLY, I DON'T THINK IT'S AN UNUSUAL TO HAVE A DRIVEWAY NEXT TO A PROPERTY LINE THERE. THERE'S TENS OF THOUSANDS OF LOTS, BUT AWESOME. I HAVE A DRIVEWAY ADJACENT TO A PROPER ONE. SO IN OUR MEETING WITH NEIGHBORHOOD GROUP, WHICH WE, WE PROMISED YOU WE WOULD FOLLOW UP ON AT OUR LAST BOARD OF ADJUSTMENT HEARING, UM, AND OUR ZOOM MEETING, WE, WE OFFERED ALL KINDS OF COMPROMISES. WE'D BE WILLING TO PUT UP A FENCE OR PUT UP A TALL HEDGE OR PUT IN PLACE A 10 FOOT SETBACK ALONG THAT ROAD ALONG THE DRIVEWAY, UH, PROPERTY LINE AREA. AND REALLY NOTHING SORT OF TOOK A WAS WAS UH, NOTHING WAS AGREED TO. WE HAVEN'T HEARD ANYTHING BACK, UH, GOOD OR BAD. SO, UM, I HAVEN'T SEEN THAT LETTER AND I HAVEN'T SEEN ANYTHING THAT SAYS THAT THEY'D BE WILLING TO COMPROMISE. AND SO WE TRIED TO DO EVERYTHING WE COULD TO FIND THE SITUATION. WE HAD EXHIBITS AND SO FORTH. AND IT JUST SEEMS LIKE IT SORT OF GETS EASILY, UM, MISUNDERSTOOD. AND I THINK MAYBE IT'S EASY TO MISUNDERSTAND THAT GIVEN THAT, GIVEN THE COMPLEXITY OF IT IN SOME WAYS, BUT AT THE END OF THE DAY, IT'S THE CITY THAT'S REQUIRING US TO DO THIS VERY, VERY, UH, TWO FOOT BY 15 FOOT PUMP OUT, WHICH, YOU KNOW, THE REMAINDER OF THE LOT BEHIND IT THAT WE'RE PROPOSING IS GOING TO BE, YOU KNOW, ONLY 49, UH, AND SO FEET WIDE, UM, EXCEPT FOR THIS TWO FOOT BY 15 FOOT PORTION. SO I THINK, UM, OKAY. A CLOSED AREA, WE'LL GIVE ANY QUESTIONS. UM, OF COURSE I'M HERE TO ANSWER. THANK YOU. ALL RIGHT, SO WITH THAT, WE'LL CLOSE THE PUBLIC HEARING. UM, SO I HAD A QUESTION, UM, UH, FOR MR . SO WITHOUT THIS SMALL EASEMENT, THE UM, UH, IN THE FRONT THERE, THAT IS SORT OF THROWING A WRENCH IN THE MACHINE, UM, YOU STILL WOULD NEED THE VARIANCE BECAUSE YOU'RE UNDER 50 FEET. IS THAT CORRECT? WITH THE 15 FEET JOINT, UH, ACCESS EASEMENT AND ONLY WITH, YES, SIR. HE LESS THAN ONE FOOT SHY OF THE 50 FOOT. OKAY. BUT REGARDLESS, YOU WOULD NEED THE VARIANCE FOR THAT EVEN IF YOU DIDN'T HAVE THIS, UM, THIS SMALL AREA, THE IN THERE. YEAH. OKAY. ALRIGHT. UH, WILLIAM, I DON'T, I DON'T HAVE A QUESTION. I'M JUST HOLDING MY HAND UP TO SPEAK WHEN WE ARE DISCUSSING. OKAY. WELL, I MEAN, YEAH, IF YOU'VE GOT SOMETHING TO ADD, GO. OKAY. SO STRICTLY SPEAKING, THE LETTER OF THE LAW STATES THAT THIS LOT, THE SUBJECT PROPERTY, IF IT WAS APPROVED WOULD HAVE SOME CHANGE AT THE FRONT PROPERTY LINE FOR 25 ONE 22 C OF THE DEVELOPMENT CODE. IT SAYS THAT A LOT WITH AS MEASURED AT THE FRONT SETBACK LINE AND AT A DISTANCE OF 50 FEET TO THE REAR [02:20:01] OF THE FRONT SETBACK LINE. AND I THINK WE'RE ON GOING. IS IT THE SPIRIT, IF NOT THE LETTER OF THE LAW ALLOWS FOR SOME VARIATION? UM, MY, MY PERSONAL OPINION IS THAT THIS REQUIREMENT, OKAY. THE EXTRA LEAVE OUT FOR UTILITY DISTRIBUTION DOES NOT AFFECT THE PRESENCE OF WHAT THIS SUBJECT LOT WOOD WOULD HAVE ON THE STREET. I, I KNOW THAT I WOULD BE IN SUPPORT OF THIS VARIANCE. IT WOULD BE SUPPORTED FOR VARIOUS, FOR LESS THAN ONE FOOT AS WELL. IT SEEMS AS THOUGH THIS LEAVE OUT, IT'S UH, IT'S NECESSARY. SO HE'S ASKING FOR IT. UH, BUT IT DOESN'T REDUCE THE PERCEPTIBLE. YES. THE LIGHTS, NOT LIKE THE LOT'S GOING TO BE 33, BUT IN CHANGE ALL THE WAY BACK, IT'S JUST FOR A VERY SMALL DISTANCE. SO IS THAT EMOTION? UH, NO. I WAS JUST DISCUSSING. I DON'T, I DON'T. OKAY. OKAY. ALL RIGHT. UH, ANY MORE DISCUSSION OR QUESTIONS OR THE APPLICANT? ANY EMOTIONS? WELL THEN I THINK I AM READY. OKAY. SO WE HAVE A MOTION TO APPROVE BY WILLIAM ANY SECOND. OH YES, MELISSA. THANK YOU. AND I SEE THE BIG YES. I DIDN'T KNOW IT WAS YOU. ALRIGHT. SO WE HAVE A SECOND BY, UM, MELISSA. YEAH. SO, SO I WOULD JUST SAY TOO, YEAH. TH TH THE ISSUE OF THE LITTLE EASEMENT IN THE FRONT, WHICH AS I SAID, SORT OF, THERE'S THROWING A WRENCH IN THE MACHINE IS A NONSTARTER FOR ME. I MEAN, IT'S, IT'S NOT EVEN JERMAINE, RIGHT? IT'S SOMETHING THAT THE CITY IS REQUIRED. UH, AND WHILE IT'S TECHNICALLY MADE THE LOT UP NARROWER, UM, IT'S, YOU KNOW, IT ON THE GROUND YOU WOULDN'T BE ABLE TO TELL, UH, ONE WAY OR THE OTHER AND UM, AND THE LESS THAN ONE FOOT, UM, IN TERMS OF THE WIDTH DOESN'T GIVE ME A LOT OF HEARTACHE. SO FOR THAT REASON I CAN SUPPORT THIS. UM, ASK ANY OTHER DISCUSSION. I'M JUST CURIOUS WHY THERE, I'M SORRY I DIDN'T RAISE MY HAND. I'M JUST CURIOUS WHY THEY AREN'T JUST BUILDING ON IT AS A SINGLE LAW. THEY COULD BUILD WHAT THEY'RE GOING TO BUILD. UM, OTHER THAN I GUESS THEY'RE SELLING ONE OF THEM. IT JUST, OR I GUESS IT'S A SPECULATOR REDEVELOPMENT. IS THAT MISSING? OH, IT'S NOT, IT'S NOT A SPECULATIVE DEAL. THE ACTUALLY THE SHORT VERSION IS IT TRACKS LOT. THREE OF THE CHURKO SUBDIVISION ONE AT ONE POINT ENCOMPASSED MANY, MANY OF THESE LOTS IN THIS IMMEDIATE ADJACENT AREA ON THIS, ON THIS WHOLE BLOCK SECTION. AND OVER THE YEARS SINCE THE 1930S, WHEN THAT, WHEN THAT SUBDIVISION WAS CREATED, THEY'VE BEEN CUT UP IN THE TRACKS AND MOST ARE ILLEGAL. BUT SOME ARE NOT. AND THIS, THIS IS STILL AN ILLEGAL TRACK THAT ALTHOUGH IT HAS A HOUSE ON IT, IF WE CANNOT GET IT TO QUALIFY FOR A WHAT'S CALLED A LAND STATUS DETERMINATION OR ILLEGAL LOCKED OUT OF DETERMINATION. AND SO WE HAD TO DO SOMETHING TO IT. UM, AND SO WE FIGURED IF WE'RE GOING TO DO THAT, BUT WHY NOT TO UM, TO ONE UNIT ON TWO TO TWO SEPARATE LOTS. UM, IN TERMS OF CREATING SOME DENSITY FOR THE NEIGHBORHOOD. OKAY. ANY OTHER QUESTIONS OF THE APPLICANT OR DISCUSSION? ALRIGHT, WITH THAT, UH, WE HAVE A MOTION TO APPROVE A LETTER BY WILLIAM HALL BY MELISSA. UH, GREEN GREEN OR RED UP. MR. CHAIR, DO WE NEED FINDINGS? YUP. I'M SORRY. PUT YOUR GREEN THINGS STAND ON. WHAT WERE YOU DOING? YES, WE NEED FINDINGS, WILLIAM. OKAY. REASONABLE. REASONABLY USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY. DO NOT ALLOW FOR A REASONABLE USE BECAUSE THE CITY OF AUSTIN IS REQUESTING MORE AND THE CITY OF AUSTIN IS REQUESTING ABORTION AT THE PROPERTY LINE WHICH REDUCES THE WIDTH OF THE PROPERTY LINE TO LESS THAN UM, [02:25:01] THE HARDSHIP FOR WHICH THE VARIANCES REQUESTED IS UNIQUE TO THE PROPERTY IS BEING NEW. UH, NEWLY SUBDIVIDED. UH, MANY OF THE TRACKS IN THE AREA ARE EITHER UNPLANTED OR WERE PLANTED WITHOUT THE REQUIREMENTS. THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE THE REQUEST WHICH IS GENERATING A REQUEST FOR THE VARIANCE IS OKAY AND HERE ARE YOUR CHARACTER. YEAH, WE'LL NOT GET TO THAT. I WAS READING THROUGH THE UP HERE THEY REQUESTED VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA AS THE HE REQUESTED LOT WITH IS ONLY APPLICABLE FOR THE FIRST FEW FEET OF LAWN AND WE'LL ADD THE BUILDING SETBACK LINE. THE LOCK WILL BE WIDER THAN THE REQUESTED NUMBER. OKAY. ALL RIGHT. NOW GREEN OR RED. OKAY. OKAY. VERY GOOD. YOU GOT YOUR A VARIANCE. THANK YOU VERY MUCH. HAVE A GOOD EVENING. ALRIGHT, THANK YOU. STAY? WELL, YES SIR. OKAY. UH, MOVING RIGHT ALONG. WE'RE MAKING GOOD PROGRESS HERE. UM, AND, AND UH, IF IT, IF IT'S OKAY WITH YOU GUYS, UH, YOU KNOW, WE WOULD BE TAKING A DINNER BREAK ABOUT NOW, BUT I WOULD LIKE TO PUSH ON THROUGH SINCE WE HAVE APPLICANTS ON THE PHONE FOR HOURS AND, AND JUST AS A COURTESY TO IF YOU NEED TO MUNCH ON SOMETHING, I DON'T THINK ANYONE IN THE MIND. UM, I'VE GOT TWO MINUTE BATHROOM BREAK. THAT'S PROBABLY A GOOD IDEA. WE'LL TAKE JUST A SHORT PASS. PLEASE TURN YOUR CAMERAS OFF. OKAY. WE HAVE A CORUM BACK NOW, SO I'LL GO AHEAD AND GET STARTED WITH THIS. UM, SO, UH, THIS IS UH, ITEM P [Item P4] FOUR. IT'S A C 15 DASH 2020 DASH ZERO ZERO ZERO FOR ANTHONY BROWN, SIX 12 NEWTON STREET. UH, THE APPLICANT IS REQUESTING A VARIANCE FROM THE LAND DEVELOPMENT CODE, A SITE DEVELOPMENT REGULATIONS TO DECREASE THE MINIMUM LOT SIZE REQUIREMENT FROM 55 70 SQUARE FEET REQUIRED TO 35 75 SQUARE FEET REQUESTED IN ORDER TO ERECT A SINGLE FAMILY RESIDENCE IN SF THREE, UH, MP ZONING. UH, THIS IS IN THE BOLDEN CREEK NEIGHBORHOOD. AND, UH, THIS NEIGHBORHOOD DID NOT ADOPT THE SMALL LAW AND THE STATE WHICH WOULD HAVE ALLOWED THE APPLICANT TO BUILD ON A LOT SMALLER THAN THE, UH, 57 50 SQUARE FEET THAT'S REQUIRED. SO WITH THAT, UH, WE WILL, UH, OPEN THE PUBLIC HEARING AS THE APPLICANT TO, UH, THIS WILL BE, UM, TONY BROWN HELLO BOARD MEMBERS ANTHONY BROWN. I AM THE OWNER OF THE LOT AT 1612 NEWTON STREET AND I'M ASKING FOR A VARIANCE TO CONSTRUCT A SMALL HOUSE OR A SMALL HOUSE ON, ON MY LOT, SIMILAR IN SIZE TO THE HOME THAT ONCE EXISTED ON THE LOT. UM, I'VE WORKED WITH AN ARCHITECT TO DESIGN A SMALL HOUSE, UM, IN RESPECT TO ALL REQUIRED SETBACKS AND UH, THE DESIGN IS GOING TO BE BUILT AROUND A PROTECTIVE CHINABERRY TREE AND IT WILL INCLUDE A SIDEWALK TO ENHANCE PEDESTRIAN SAFETY. AND UM, I WANT TO SAY THANK YOU FOR GRANTING ME A POSTPONEMENT FROM OUR LAST, UH, MEETING A COUPLE MONTHS AGO. GIVE ME TIME TO REACH OUT TO THE BOWMAN CREEK NEIGHBORHOOD ASSOCIATION STEERING COMMITTEE. I WAS ABLE TO REACH OUT TO THEM AND, AND SPEAK WITH PAUL STRANGE AND UH, UH, THE VICE PRESIDENT. AND I'M HAPPY TO SAY THAT THEY HAVE EXPRESSED THAT THEY ARE NOT OPPOSING MY VARIANCE REQUEST TO BUILD A HOME ON MY SMALL LOT. UH, SO WITH THAT SAID, I'M ASKING FOR APPROVAL OF MY VARIANCE REQUEST AND WELCOME ANY QUESTIONS YOU MAY HAVE FOR ME? I PASS THE MIC OVER TO YOU. GOT ALRIGHT. THANK YOU VERY MUCH. UH, WITH THAT, WE'LL CLOSE THE PUBLIC HEARING. UM, ARE THERE ANY QUESTIONS OF THE APPLICANT? I CAN'T SEE EVERYBODY BECAUSE MR CHAIRMAN? YES. [02:30:01] I WOULD LIKE TO KNOW WHAT THE SIZE OF THE HOUSE IS COMPARED TO THE HOUSE NEXT DOOR. RIGHT. IF THE APPLICANT COULD ANSWER THAT FOR US. OKAY. LET'S SEE HERE. THE HOUSE RIGHT NEXT DOOR. SO THERE'S A HOUSE. I MEAN THERE'S, SO THE ACTUAL SIZE OF THIS, YOU LOOK AT THE PORT, ARE YOU TALKING TO THE NORTH OF THAT ON UH, NEWTON STREET OR TO THE WEST ON MILTON. SO DOES THAT MAKE GO BACK TO, I'M GOING AGAIN. THE ONE ON NEWTON. THERE'S, IT LOOKS LIKE A LOT THAT IS RIGHT NEXT TO HIM ON NEWTON IS SIMILAR IN SIZE TO HIS CORRECT. I WAS CURIOUS AS TO WHAT THE SIZE OF THAT HOUSE IS COMPARED TO HIS, WHAT HE'S PLANNING ON PUTTING THERE. OKAY. SO, UM, THE HOME WE'RE BUILDING OR WE'VE DESIGNED IS A TWO STORY, A TWO BEDROOM, TWO BATH. THE FOOTAGE IS SEVEN 88 SQUARE FEET. NO. WELL, WHAT IS THE SQUARE FOOTAGE OF HOME, SIR? AND, AND DO YOU KNOW THAT THE ONE NEXT TO YOU? I DO NOT KNOW THE SQUARE FOOTAGE OF THE HOUSE RIGHT NEXT TO ME. RIGHT HERE. LET ME LOOK AT IT. I UH, I CAN GIVE YOU THAT. UM, UH, IN THE DOCUMENT THAT I FORWARDED TO YOU GUYS, I, I, I PULLED UP EVERY HOME IN THE NEIGHBORHOOD THAT WAS ON SIMILAR LOTS OF MINE. UH, I MEAN, I DON'T HAVE A PROBLEM WITH IT. I JUST WANT TO MAKE SURE THEY'RE SOMEWHAT SIMILAR AND I AM WILLING TO MAKE A MOTION TO APPROVE, BUT I WOULD LIKE THAT INFORMATION. OKAY. OH, LOOKING THIS UP ON, I'M LOOKING THIS UP ON TRAVIS COUNTY. YEAH. WILLIAMS AND HEAR YOU. YOU'RE, YOU'RE BUFFERING. I WAS JUST SAYING, I'M LOOKING TO SEE IF I CAN FIND THE AREA ON T CAT'S WEBSITE FOR THE HOUSE STORE CAUSE I'M WILLING TO MAKE A MOTION MR. CHAIR TO APPROVE WITH A POINT FOR FAR. OKAY. UM, SO THIS IS A MOTION AND A SECOND BY MELISSA OR UH, I'LL SAY AUDIT RIGHT NOW. SO THIS IS, I JUST ALSO WANTED TO SAY REAL QUICK THAT ALL THE SQUARE FOOTAGES ARE IN THE BACKHOE. THERE'S ALL THESE MLS PRINTOUTS WITH ALL THIS SQUARE FOOTAGE. UM, BUT I DON'T KNOW. I KNOW IT WAS, I LOOKED AT SO MANY OF THEM. THERE ARE SOME THAT ARE 800 SOMETHING ALL THE WAY UP TO 1400. YEAH. OKAY. MR. CHAIR, I'M WILLING TO MAKE A MOTION TO APPROVE WITH THE PARTS WHERE FAR. OKAY. A MOTION TO APPROVE WITH THE PORT FOR FAR AND UH, A SECOND BIOTIC CORRAL. UM, IS, YEAH. UM, UH, BEFORE, I GUESS MY SUGGESTION, THIS IS A QUESTION FOR THE APPLICANT. UM, JUST MAKE SURE THEY'RE CLEAR AS TO WHAT THAT MEANS AND WHETHER THEY AGREE TO IT. UM, YEAH. SO JUST TO CLARIFY, AND THIS IS FOR THE APPLICANT. MMM, OKAY. YOUR, YOUR PROPERTY IS, I'M JUST LOOKING THIS UP HERE IN PARDON MY, UH, AS FAST AS I WOULD. SO YOUR PROPERTY IS 3,507 75 SQUARE FEET. SO WHAT THE CONDITION THAT IS BEING ASKED FOR IS THAT YOUR HOME WOULD BE LIMITED TO A GROSS FLOOR AREA. WAIT FOR YOUR OTHER 40% OF YOUR LOT SIZE. THAT'S 1,430 SQUARE FEET OF GROSS FLOOR AREA. SO QUESTION TO YOU, MR. BROWN IS, ARE, IS THAT ACCEPTABLE TO YOU? BECAUSE THAT'S WHAT, THAT'S WHAT THE VR, THAT'S WHAT THE PROPOSED MOTION. YES SIR. ABSOLUTELY. AND I'M LOOKING AT MY FOUR PLAN AND THE PERMIT ON FILE WITH THE CITY. THE FAR IS 0.23, A VERY SMALL HOUSE. UH, YEAH. WELL WITHIN THAT, THAT RANGE. SO WE'D BE VERY HAPPY TO MOVE FORWARD WITH THAT. JUST WANT TO MAKE SURE. OKAY. AND UH, DARYL, DID YOU HAVE A QUESTION? WELL, I W I HAD A COMMENT. YES. IN THE ORIGINAL BACKUP, WE HAVE A JANUARY 30TH LETTER FROM THE BOLDEN CREEK NEIGHBORHOOD ASSOCIATION EXPLAINING THEIR POSITION ON WHY SMALL LOT AMNESTY WAS NOT ADOPTED IN THIS NEIGHBORHOOD ASSOCIATION. THAT MAY BE SOMETHING [02:35:01] THAT PEOPLE WANT TO TAKE INTO CONSIDERATION. UM, ALSO IF IN FACT WHAT THEY ARE DOING IS THEY HAVE A PLAN ALREADY AND IT'S 0.23 FAR I WOULD SUGGEST A FRIENDLY AMENDMENT TO THE MOTION TO APPROVE THE LIMITED TO THE PLANS THAT THEY ARE CONSIDERING RIGHT NOW. AND THAT TO NO MORE THAN AN FAR A 0.27, FIVE. MR CHAIRMAN, I'M, I'M UH, AMENDABLE TO THE, TO THAT, UH, AMENDMENT. I'M OKAY WITH THAT AMENDMENT. AND AS FAR AS THE OTHER COMMENT IS CONCERNED, I'M, UH, I'M AWARE OF WHAT THE VOTING CREEK NEIGHBORHOOD ASSOCIATION DID. BUT I ALSO THINK THAT THIS HOUSE HAD A HOME ON IT. IT WOULD ALL BE IT, IT WAS, YOU KNOW, BACK IN 1946 BUT IT DID HAVE A HOME ON IT. SO THAT TELLS ME THAT IT IS A DEVELOPABLE LOT WITHIN THE CONSTRAINTS. IT, I THINK WE'VE LAID OUT HERE TODAY. AND SO YOU ARE ACCEPTING THE 0.27. WELL, LET ME ASK THE HOMEOWNER. YOU GOOD WITH THAT? ABSOLUTELY. ABSOLUTELY. THERE'S A UH, YOU KNOW, UM, IT'S GOING TO BE A SMALL HOUSE AND UNLESS THERE'S MORE, WE'RE GOOD. VERY TRUE THERE. I'M HAPPY WITH THAT. APPRECIATE IT. OKAY. ALL RIGHT. AND, UH, AND AGAIN, THIS IS, UM, THIS IS THE FAR NOT IMPERVIOUS. SO, UM, I JUST BECAUSE IT, IT, IT, IT DOES RESTRICT THE LOT, THE BUILDABILITY OF THE LOT MORE THAN MOST MOST PROJECTS WOULD. ALRIGHT, SO WE HAVE A MOTION, UH, TO UH, PROVE WITH A 0.27 FAR BY MICHAEL A SECOND. BAYADA. ANY OTHER DISCUSSION BEFORE WE MOVE TO FINDINGS? OKAY, LET'S DO THE FINDINGS. REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY TO NOT ALLOW FOR REASONABLE USE BECAUSE THE LOT SIZE IS 3005, 75 SQUARE FEET DOESN'T COMPLY WITH THE CODE. THEREFORE, VARIANCES REQUIRED TO BUILD A SINGLE FAMILY DWELLING. THE HARDSHIP FOR WHICH A VARIANCE IS UNIQUE TO THE PROPERTY IS THAT THE CURT CURRENTLY, THIS PROPERTY CANNOT BE BUILT ON AS IT DOES NOT COMPLY WITH CODE. THE CURRENT CONFIGURATION OF THIS LOT HAS BEEN THE SAME AND HAS NOT CHANGED. A HOME WAS BUILT ON THE PROPERTY IN 1946 THE SEA OF AUSTIN ELECTRICAL, WATER TAP AND GAS SERVICE. THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE AGAIN, THIS LOT WAS IN THE SAME CONFIGURATION SINCE 1946 AND THERE WAS A HOME PRESENT THERE BEFORE AREA CHARACTER. THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY WILL NOT APPEAR THE USE OF THE ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH PROPERTY IS LOCATED. BECAUSE THE PLANS ARE TO BUILD A SINGLE FAMILY HOME IN LINE WITH THE EXISTING HOMES IN THE NEIGHBORHOOD. THE SINGLE FAMILY RESIDENCE WILL NOT CHANGE THE CHARACTER OF THE NEIGHBORHOOD OR IMPAIR THE ADJACENT OR SURROUNDING PROPERTY. THANK YOU, MR TRUE. OKAY, VERY GOOD. SO, UH, AGAIN, UH, GOT THE MOTION TO APPROVE WITH THE, UH, UH, CAPITOL ON THE FAR, UH, GREEN OR RED AND UH, ROM YOUR RED. OKAY. ALL RIGHT. THANK YOU. THAT STILL PASSES? SO YOU GOT YOUR VARIANCE. IT'S CHAIR POSSIBLE. I'D LIKE TO ADD SOME COLOR COMMENTARY TO MY NO VOTE ON THIS. I THINK HE KNOWS I'M GENERALLY A VERY OPPOSED TO THE UNNECESSARY RESTRICTIONS. UH, WHAT I VIEW AS UNNECESSARY RESTRICTIONS ON A SUBSTANDARD LOTS AS ORIGINALLY PLANTED. UM, I THINK THAT THE INTERMEDIATES AS AMENDED WAS UNNECESSARILY RESTRICTIVE. I'M GLAD TO SEE THAT THE HOMEOWNER IS ABLE TO BUILD ON A LOCK THAT WAS PREVIOUSLY UNBUILDABLE, BUT I THINK THE ORIGINAL MOTION WAS, WAS SOMETHING I WAS MUCH MORE LIKELY TO SEE. THANK YOU. ALRIGHT, THANK YOU. YEAH, GOOD POINT. ALL RIGHT, WELL YOU GOT YOUR VARIANCE, SO CONGRATULATIONS. THANK YOU VERY MUCH. THANK YOU. ALL RIGHT. WELL, MY CHEAT SHEET HERE, I'VE FILLED OUT THE WRONG THING, SO, [Item P5] ALRIGHT, THIS IS, UH, ITEM . THIS IS A CASE C 15 DASH 2020 DASH OH ZERO ZERO SIX A RON THROWER FOR PATRICK IN DONE AT 2309 AND 2311 QUARRY ROAD. APPLICANT IS REQUESTING [02:40:01] A VARIANCE, UH, REGARDING THE, UH, REAR YARD ON A THROUGH LOT OR OF A THREE LOT OF, FROM THE SETBACK REQUIREMENTS TO, TO INCREASE THE MINIMUM REAR SETBACK FOR EACH LOT, UH, FROM 25 FEET REQUIRED TO 10 FEET REQUESTED IN ORDER TO ERECT A SINGLE FAMILY HOME ON EACH LOT. . SO IF THE APPLICANT, WE HAVE A VICTORIA WITH RON THROWERS OFFICE, CAN YOU HEAR ME? YES, WE CAN. WE'RE WAITING FOR THEM. OKAY. IT LOOKS LIKE THEY'VE GOT YOUR PRESENTATION. UM, HOLD UP. UM, SO GETTING BOARD MEMBERS, THANK YOU FOR HAVING US HERE VIRTUALLY. UM, SO JUST TO REFRESH YOUR MEMORY, UH, THE FIRST SLIDE IS TO SHOW YOU LOCATIONAL CONTEXT OF THE SUBJECT TRACKS HIGHLIGHTED IN BLUE, UM, WITHIN THIS BLOCK THAT IS HIGHLIGHTED IN GREEN. NEXT SLIDE PLEASE. UH, THIS BLOCK WAS PLANTED IN 1925. NEXT SLIDE PLEASE. AND THE PLAN IS TO RETURN THESE TWO LOTS AND DEVELOP THEM WITH A SINGLE FAMILY HOME AND, AND GARAGE ON EACH LOT. UM, AND THE OBSTACLES THEY FACE ARE A 75 FOOT, NO BUILD SETBACK THAT IS DEED RESTRICTED AND ANT AND ENFORCED FROM THE FRONT. AND THEN OF COURSE, THE 25 FOOT REAR SETBACK IN ADDITION TO MATURE TREES ON BOTH LOTS. NEXT SLIDE PLEASE. NEXT IMAGE SHOWS YOU A JUST AN IDEA OF WHERE THAT 75 FOOT SETBACK, UH, SITS AS WELL AS THE 25 FOOT NO BUILD SETBACK AT THE REAR OF THESE PROPERTIES. NEXT, NEXT SLIDE PLEASE. UM, WHEN WE WERE IN FRONT OF IT ALL BACK IN MARCH, UH, THE BOARD ASKED US TO COME BACK WITH UH, SOME SETBACK AVERAGING NUMBERS. SO THE PROPERTIES THAT YOU SEE IN GREEN ARE THE PROPERTIES THAT WE LOOKED AT, UH, FOR SETBACK AVERAGING. AND THE TABLE AT THE BOTTOM LEFT HAND CORNER, UH, HAS THOSE TALLIED FOR THE PROPERTIES ON THE SOUTH SIDE OF WEST 12TH STREET. WE WERE OBVIOUSLY LOOKING AT THE FRONT SETBACK AVERAGING, UH, WHICH CAME OUT AT 26 POINT 14 FEET. AND FOR UH, THE PROPERTIES ON THE NORTH SIDE OF WEST 12TH STREET, THAT AVERAGE CAME OUT TO 20.7 FEET. UM, NEXT SLIDE PLEASE. YEP. UM, ARE Y'ALL FOLLOWING? OKAY. YES. PERFECT. UH, THE, THE BLUE SHADED AREAS AREAS THAT UH, WILL BE GAINED WITH SUCCESSFUL VARIANCE, IT WILL ALLOW UP TO 385 SQUARE FEET PER THE PROPOSED PLANS FOR THE BUILDING. NEXT SLIDE SHOWED THE FRONT ELEVATION OF THE STRUCTURE PROPOSED FOR 2311 QUARRY LANE OR QUARRY ROAD. MY APOLOGIES. NEXT SLIDE. UH, THIS NEXT SLIDE IS THE REAR ELEVATION PROPOSED FOR THE STRUCTURE AT 2311. NEXT SLIDE. AND AGAIN, THE AREA THAT WOULD BE GAINED WITH A SUCCESSFUL VARIANT FOR 23 OR NINE 40 ROAD, WHICH WOULD RESULT IN A 477 WHERE FEET OF A BUILDING PER THE PLANS. NEXT SLIDE PLEASE. HERE YOU'LL SEE THE FRONT ELEVATION OF THE STRUCTURE PROPOSED FOR 2,309. NEXT SLIDE. THAT'S A REAR ELEVATION FOR THE SEARCHER PROPOSED AT 23 OR NINE. NEXT SLIDE, PLEASE. UM, THE TWO PROPERTIES YOU SEE HERE IN GREEN WERE THE PROPERTIES THAT WERE ACHIEVED, A SUCCESSFUL VARIANCE, UM, IN 2002 AND ONE IN 2017. AND THE IMAGE THAT YOU SEE THERE IS TAKEN AS OF LAST WEEK, UM, STRUCTURES THAT HAVE BEEN BUILT. THE STRUCTURE TO THE LEFT IS A GARAGE ADU THAT WAS BUILT WHERE THEY ACHIEVED A 15 FOOT SETBACK VARIANCE. UM, AND THEN THE STRUCTURE ON THE RIGHT HAND SIDE IS ACTUALLY STILL UNDER CONSTRUCTION, SO YOU CANNOT SEE THE END RESULT OF THEIR GARAGE PLACEMENT WITH THE VARIANTS, BUT THEY DID ACHIEVE A 16 FOOT VARIANCE, UH, SENT BACK FOR THAT NEXT SIGHT-SEE IN GREEN ON THIS NEXT SLIDE. SO THOSE OWNERS THAT ARE, UM, IN SUPPORT OF THE VARIANTS, WE ALSO, UM, RECEIVED WORD FROM, UH, ANOTHER PROPERTY OWNER THAT THEY'RE NOT GOING TO OPPOSE, UM, THE VARIANCE AS WELL. SO NEXT SLIDE, PLEASE DISREGARD THIS NEXT IMAGE. IT'S NOT THE LATEST RENDERING. UM, BUT YOU DID SEE THE REAR ELEVATION, UH, EARLIER ON IN THE, IN THE SLIDE. NEXT SLIDE PLEASE. SO THE NEXT SEVERAL SLIDES ARE PICTURES OF PROPERTIES THAT FACE EACH OTHER ALONG WEST 12TH STREET, STARTING AT THE WESTERN END OF WEST WELLS, UH, AT THE INTERSECTION WITH POSSUM TROT. [02:45:01] AND THE FIRST, UH, THE IMAGES ON THE UPPER LEFT HAND CORNER ARE WHAT IS SEEN ALONG THE NORTH SIDE OF WEST 12TH STREET. AND THE IMAGES ON THE LOWER LEFT HAND CORNER ARE, SORRY, LOWER RIGHT HAND CORNER OR WHAT IS SEEN ON THE SOUTH SIDE OF WEST 12TH STREET. SO THIS FIRST SET OF IMAGES YOU YOU'RE LOOKING AT ON THE NORTH SIDE OF WEST 12TH STREET IS A TREE HOUSE. UH, THAT'S BUILT PROBABLY FROM MY CALCULATIONS ABOUT FIVE TO EIGHT FEET OFF THE PROPERTY LINE. AND THEN IT LOOKS ACROSS THE STREET AT A PORTION OF LAND THAT IS UNDEVELOPED RIGHT AT THAT INTERSECTION WITH POSSUM TROT. NEXT SLIDE PLEASE. UM, AND THIS, THE IMAGE HERE ON THE UPPER LEFT SHOWS THE REAR OF ONE OF THE SUBJECT PROPERTIES AND THEN WHAT, WHAT CRATES ACROSS THE STREET, UM, ON THE LOWER, UH, LOWER RIGHT HAND CORNER OF THE PAGE. NEXT SLIDE PLEASE. THE NEXT LEVEL. SO I DO THE SAME THING. YOU CAN KIND OF SEE WHAT'S ACROSS THE STREET FROM WHAT. SO I'M NOT GOING TO EXPLAIN EVERYONE, BUT NEXT SLIDE PLEASE. UM, NEXT SLIDE. UM, NEXT SLIDE PLEASE. NEXT SLIDE. YOU HAVE SLIDE, NEXT SLIDE PLEASE. NEXT SLIDE. NEXT SLIDE. NEXT SLIDE. NEXT SLIDE. AND THEN FINALLY, YOU CAN SEE THIS IS AN IMAGE LOOKING DOWN WEST 12TH STREET. UM, SO YOU WOULD DO UP IN COURT OF THE SUBJECT PROPERTY. UM, AND THE FINAL PAGE OF MY PRESENTATION IS JUST TO ANSWER YOUR FINAL QUESTION ABOUT WHAT IS SIN, WHAT HOME SIZE IS CONSIDERED REASONABLE. AND THAT'S A VERY SUBJECTIVE QUESTION, BUT I DID GOT US SOME DATA ON HOME SIZES. AND IF YOU, UM, THOSE PROPERTIES THAT YOU SEE IN THIS MAP, AND IF YOU LOOK AT ALL OF THE HOUSES IN THE COURSE SINCE 1935, THE AVERAGE THAT HAVE BUILT SINCE 1935, THE AVERAGE HOME SIZE IS 27, UH, 2000, 2,790 SQUARE FEET. HOWEVER, HE FOCUSED THE WINDOW ONTO WHAT WAS BUILT WITHIN THE PAST 20 YEARS. UM, THE AVERAGE HOME SIZE IS OVER FOUR 4,400 SQUARE FEET. AND THE MEDIAN HOUSE SIZES, UH, JUST OVER 4,600. SO THE TOTAL HOME SIZE OF THE TWO PROPERTIES THAT RECEIVED A VARIANCE FROM THE BOARD OF ADJUSTMENT, UM, TOTAL, UH, JUST UNDER 3000 AND THEN A LITTLE OVER 6,500 SQUARE FEET RESPECTIVELY. ALL RIGHT, WELL WE'RE GOING TO NEED YOU TO WRAP IT UP HERE. OKAY. YEAH. OUR, OUR CLIENT IS, UH, REQUESTING WHAT'S CONSISTENT WITH WHAT'S IN THE AREA AND THEY RESPECTFULLY REQUEST A SETBACK PERIOD TO ALLOW THEM TO BUILD, BUILD WHAT'S BEEN PLANNED. UM, THEY WOULD LIKE 10 FEET, BUT IF THE BOARD DECIDES THAT IT'S FAIR TO GO WITH WHAT'S, WHAT'S ALREADY HAPPENED ON THE STREET, THEY ARE OKAY WITH 15 FOOT SETBACK PERIODS AS WELL. OKAY. OKAY. ALL RIGHT, GREAT. THANK YOU. I WILL CLOSE THE PUBLIC HEARING THEN. I HAD JUST ONE QUICK QUESTION OF THE APPLICANT WHEN YOU SUBMITTED YOUR PRESENTATION, WERE ALL OF THE GRAPHICS ON THEIR SIDE LIKE THAT? UM, ASK THAT QUESTION ONE MORE TIME. WE'RE ALL THE GRAPHICS, ALL OF THE GRAPHICS. I DON'T KNOW IF YOU'VE LOOKED AT THE GRAPHICS, BUT UH, THEY WERE SIDEWAYS. MMM, OKAY. IT LOOKED LIKE THEY SHOULD BE LANDSCAPE MODE AND THEY WERE IN PORTRAIT. OKAY. NOW I WASN'T, I WAS NOT AWARE OF THAT. OKAY. SO, SO W WHAT YOU SUBMITTED? THEY WERE THE TITLE BLOCK WAS ON THE BOTTOM. I DON'T, I'M GOING TO SPEAK FOR THAT. I THINK WHEN WE HAVE TO CONSOLIDATE THE PLANTS, WHEN WE HAVE TO, UM, GET THE WORD THAT DIANE USES, UM, I BELIEVE SHE HAS TO, THEY TURN, THEY FLIP THAT WAY CAUSE SHE HAS TO NUMBER THEM. YEAH, WE NEED TO LOOK AT THAT INTERNALLY. THAT'S WHY I ASKED BECAUSE UH, IT CAN BE DONE THE OTHER WAY. UH, UM, I KNOW IT CAN. SO ANYWAY. OKAY. ALRIGHT. UH, ENOUGH OF THAT. UM, SO ANY QUESTIONS OF THE APPLICANT OR WE'LL CLOSE THE PUBLIC HEARING AGAIN? ANY YOU HAVE BROOKE? MINE IS MORE OF A COMMENT THAN ANYTHING. UM, WHEN YOU LOOK AT THAT STREET IT IS, IT'S STILL BARELY SET AND THE SETBACK, EVERYTHING ON THAT STREET IS 20 FEET. UM, I THINK I COULD BE AMENABLE TO 20 FEET. I DON'T KNOW. IT'S A VACANT LOT, YOU KNOW, YOU CAN DESIGN WHATEVER YOU WANT IT, THEY MAY WANT THIS, BUT IT'S NOT [02:50:01] A HARDSHIP, UM, TO THE, YOU KNOW, IT'S JUST A WANT TO ME, BUT I COULD BE AMENABLE TO A 20 FOOT SETBACK. OKAY. IS THAT A, IS THAT EMOTION? HUH? UM, NO. I JUST, I WANT TO HEAR THE OTHER DISCUSSION AND I KIND OF WANT TO HEAR MELISSA. SO, UM, THAT THE ASK IS, IS 10 BEING UM, THE, WHAT'S PREVIOUSLY BEEN GRANTED IS 15 FEET. OKAY. I WAS ACTUALLY THINKING HAVE 15 FEET BEING THAT THE TWO PROPERTIES ADJACENT OR GRANTED 15 AND 16, THAT SEEMED TO BE PRETTY CONSISTENT JUST IN MY MIND. OKAY. I'M STILL UNCLEAR ABOUT THE HARDSHIP, THE FACT THAT SOMEONE ELSE GOT IT. I DON'T KNOW IF THAT ACTUALLY MAKES IT HARD. SHIT. I AGREE WITH BROKEN AS FAR AS IT SOUNDS, IT JUST SOUNDS LIKE THEY WANT SOMETHING, THEY CAME TO A PIECE OF PROPERTY KNOWING THE RESTRICTIONS AND THEY WANT SOMETHING THAT ISN'T ALLOWED, WHICH DOESN'T SOUND LIKE A HARDSHIP. YEAH. I'M NOT SURE IT SPEAKS TO HARDSHIP AS MUCH AS IT DOES. JUST, YOU KNOW, THE, THE EXISTING CHARACTER. UM, MICHAEL, I AGREE WITH JET. YASMIN THAT I FEEL LIKE THE, THE HARDSHIPS NOT QUITE THERE. IT'S AN ASK. IT'S A, IT'S ALSO AN OPEN, I MEAN IT'S A LOT THEY CAN BUILD, YOU KNOW, TO A ORDINANCE YOU HAVE TO, I'M HAVING A HARD TIME WITH SINCE, BUT UM, I AGREE WITH HER. I, I'M JUST NOT FINDING A HARDSHIP THERE. I DON'T KNOW IF SOMEBODY ALSO CAN ELABORATE A LITTLE BIT, BUT I'M NOT QUITE SEEING ARCHIE. OKAY. UH, DARRYL, DID I SEE YOU MAKING WELL, I JUST WANTED TO REMIND EVERYBODY, ONE OF MY QUESTION TO THE SURVEYOR, UH, OR THE ARCHITECTS, WHOEVER IT WAS LAST TIME ABOUT, YOU KNOW, THE HARDSHIP, UH, AND, AND WHETHER IT'S A HARDSHIP TO BUILD SOMETHING LESS WITH, YOU KNOW, WHATEVER IT IS, 300 SQUARE FEET LESS, UH, ON THAT PROPERTY. AND OF COURSE THEY, THEY, THEY COULDN'T SAY THAT IT WAS. AND, AND WHILE IT'S ALL NICE TO TALK ABOUT ALL OF THESE, YOU KNOW, AREA CHARACTER AND ALL THAT, I DON'T KNOW THAT WE HAVE THE AUTHORITY TO GRANT A VARIANCE UNLESS WE CAN SAY THAT THIS, THIS IS A, UH, THIS, THIS LOT HAS SOMETHING ON IT THAT MAKES IT IMPOSSIBLE TO DO SOMETHING. I THINK LAST TIME THERE WAS SOME DISCUSSION ABOUT THE TREES. UH, AND I DO THINK THAT THAT IS A HARDSHIP IN THIS CASE BECAUSE THERE'S A SIGNIFICANT AREA OF BOTH LOTS WHERE YOU CAN NOT BUILD, UM, BECAUSE OF THE TREES. UM, I DO AGREE WITH MELISSA AND THAT I THINK, UH, 15 FEET TO MATCH THE OTHER ONES WOULD BE A LITTLE BIT MORE REASONABLE. OKAY. AND IS ANYONE ELSE WE NEED A MOTION FOLKS? JUST REALLY QUICKLY. I THINK MOST OF THE TREES ARE ON THE FRONT 75 FEET OF THE LOT, WHICH CAN'T BE BUILT ON ANYWAYS BECAUSE OF THE DEED RESTRICTIONS. I KNOW THERE'S A FEW ON THE BACK AND THEY SHOULDN'T BE BUILDING ON THE BACK ANYWAYS BECAUSE THEY ALSO HAVE A SETBACK THERE. SO THAT THE TREES FOR ME ANYWAYS, DON'T POSE A HUGE, OKAY. IF YOU LOOK ON, UH, HE FIVE SLASH 15, THE SITE PLAN, YOU'LL SEE THE LOCATION OF THE TREES AND THE ROOT ZONE. YOU'RE GOING TO HAVE TO SPEAK UP. THEY'RE THERE. I'M SORRY. YOU'LL SEE THE LOCATION OF THE TREES IN THE ROOT ZONES ON PAGE 15 OF THE MATERIALS, RIGHT. IT'S THE LINE. IT'S SO SMALL. UM, YOU'RE TRYING TO SEE A BIGGER, IS THERE A PAGE WHERE IT SHOWS THE 75 FOOT LINE IN RELATIONSHIP TO THOSE TREES? WAS THAT FOR THE APPLICANT? OKAY. I'M SURE. OR ANYONE THAT CAN ANSWER MY QUESTION. WHAT, WHAT ARE YOU LOOKING AT RIGHT NOW? I CAN CLARIFY. UM, SO I'M IN THE PRESENTATION. I'M GOING TO HAVE ALL, ALL THE DOCUMENTS OPEN SO I CAN GO TO ANY OF THEM. BUT RIGHT NOW IN THE SLIDESHOW ONE, THE FIRST, UH, SITE PLAN, WHICH HAS A ONE FOUR 2309 VERY ROAD, UM, MMM. AND I CAN'T FIND, UH HUH. EVERYTHING'S SO TINY. IF I SWIM IN AND I CAN GET SOME CLARITY, I CAN'T FIND WHERE THE BUILDING LINUS [02:55:01] BOTH STRUCTURES, UM, FROM THE IMAGES IN MY PRESENTATIONS, BOTH CHARACTERS ARE PRETTY MUCH BUILT TO THE 75 FOOT LINE. SO I'M 17. IT'S A VERY QUAINT LINE, BUT IT IS THE DASH LINE THAT GOES RIGHT IN FRONT OF, UH, THE FRONT ELEVATION OF EACH PROP, EACH STRUCTURE. OKAY. I SEE IT NOW. SO YEAH, I WILL, I'LL RETRACT WHAT I SAID ABOUT THE TRAINEES CAUSE I THOUGHT WE HAD A LITTLE BIT MORE SPACE THERE. I WASN'T MEANING THAT CORRECTLY. BUT IF YOU LOOK AT P FIVE 19, THAT LOT IS DIFFERENT. AND THOSE TREES AN OVERHANG, THE OTHER PROPERTY I THINK, I THINK THEY'RE ADJACENT ON THAT SIDE. IT COULD BE WRONG, BUT P FIVE, 19, THERE'S A CLUSTER OF TREES THAT THEY'RE CLEARLY DESIGNING AROUND OR THE, YOU'RE RIGHT, I GET, SO P YEAH. P FIVE 19 SHOWS, UH, THE OTHER HOUSE JUST TO THE EAST OF, UH, IT'S JUST AN OUTLINE, BUT YOU CAN SEE THAT BUT, BUT THE, UH, SO THE, UH, 23, MMM. 11, I GUESS HAS MANY MORE TREES MITCH SITE THEN, THEN, UM, I CAN HARDLY SEE IT HERE, BUT UH, YEAH, I CAN CAUSE I CAN'T READ IT. YEAH. 2309, UH, HAS TREES IN THE FRONT AND THE BACK 23, UH, 11, UH, HAS ALSO TREES DOWN THE SIDE. MMM. SIDE YARD AS WELL AS TREES IN FRONT END. MR CHAIRMAN. YES. AFTER TAKING A LOOK AT THOSE. YEAH, I AGREE. THERE IS A HARDSHIP, UH, WITH THE TREES. UM, I'LL MAKE A MOTION TO APPROVE. I DON'T KNOW IF I HAVE A SECOND, BUT I'LL, UM, I'LL JUST, IT HAS, THE TREES ARE LEGITIMATE AS A 10 FOOT OR A 15 FOOT OR WHAT? WHAT'S WHAT, WHAT ARE YOU, UH, BECAUSE THEY HAD INDICATED A WILLINGNESS TO LOOK AT 15 FEET. AWESOME. THAT INVESCO WITH THE WILLINGNESS, YEAH, I'M ALL FOR COMPROMISE. YOU KNOW, HOW DO WE FEEL IN LIGHT OF P P FIVE 32 AND P FIVE 33 CAUSE IT LOOKS LIKE THEY'RE DESIGNING IT HASN'T THE, THE SPACE THEY'RE ASKING FOR DESIGNING AROUND THE TREES ANYWAY. YES MA'AM. AND THAT'S, I WAS ALSO LOOKING AT THAT AS WELL BECAUSE AS YOU LOOK, THERE WAS ONE TREE THAT WAS DEAD CENTER IN THAT BUILDING THAT HAS GOT TO GO. UH, YOU KNOW, AND YOU CAN SEE IT. IF YOU GO TO P 35, 33 YOU'RE LOOKING AT THAT, THERE WASN'T, YOU LOOK AT THE CENTER OF THE BUILDING, THERE'S A CIRCLE THERE. THAT TO ME IS DEFINITELY GOT TO GO. AND SO, BUT OVER HERE ON THE FAR RIGHT HAND CORNER, YOU SEE THEY'RE GETTING INTO THE CRITICAL ROOT ZONE ON THAT ONE AND THE ONE IN THE BACK CORNER. BUT I FIGURED IF THEY ONLY GONNA SACRIFICE ONE TREE IN ORDER TO KEEP THE REST OF THEM, THAT'S SORT OF WHERE I WAS WILLING TO STICK MY NECK OUT, I GUESS YOU'D SAY. YEAH. IT ACTUALLY LOOKS MORE LIKE THEY'RE LOSING TWO THREES ON ONE 2311. UM, AND UH, YEAH, A R IT DOESN'T LOOK LIKE THEY'RE TAKING OUT. PARDON? BEING MR CHAIR IS, I REALLY FIRMLY BELIEVE THAT THE TREES ARE HARDSHIP. I MEAN, WE'RE TRYING TO WORK AROUND THOSE TREES I THINK IS A LEGITIMATE HARDSHIP. SO I THAT'S, THAT'S THE PURPOSE OF MY MOTION. OKAY. ALL RIGHT. SO WE'VE GOT A, UH, A MOTION TO APPROVE WITH A 15 FOOT SETBACK AND, UH, UH, ROOKIE, YOU GOT YOUR AUDIO, YOU HAVE YOUR HEAD UP. OKAY. I'LL SECOND. BUT ALSO, UM, I THINK THAT TREE IN THE MIDDLE AND IT'S NOT IN THE TREE SURVEY, SO IT'S POSSIBLE THAT TREE'S ALREADY GONE. AWESOME. OKAY. IT'S POSSIBLE. RIGHT? SO BROOKE, GO AHEAD. OKAY, LET'S CHOOSE EARLY ON ONE OF THE LOCKS. SO WE'RE SAYING THAT'S A HARDSHIP ON BOTH LOTS. WELL, I THINK IT'S, GO AHEAD MICHAEL. NO, NO. YOU GO AHEAD AND SAY THAT THAT TREES ARE A BIG FORM DETERMINANT. RIGHT. AND IT, AND, AND, UM, [03:00:01] AND SO THE FACT THAT YOU HAVE TREES ON A LOT THAT YOU'RE WORKING AROUND, YOU KNOW, WILL, WILL TAKE AWAY SOME AREAS LIKE WHEN YOU'RE TRYING TO DO A, UM, UH, FINISH OUT, UH, COLUMNS IN A SPACE, CREATE A CERTAIN INEFFICIENCY, UH, YOU KNOW, WHETHER OR NOT THEY'RE A REAL HARDSHIP OR AN AUDIENCE IN THE EYE OF THE BEHOLDER. BUT, WELL, I MEAN, I UNDERSTAND THEM IN ONE LOT, BUT ON THE OTHER LOT THEY'RE NOT. AND BY PULLING IT BACK TO 15 FEET FROM THE 10 FEET, YOU'RE ACTUALLY GETTING OUT OF THE ROOT ZONE OF THE TREE THAT'S ON THE BACK. AND I THINK THAT ONE IS ADJACENT TO THE PROPERTY THAT HAS THE 15 FOOT SETBACK THAT WAS GRANTED IN 2017. SO IT WILL HAVE A VISUAL APPEARANCE OF UNIFORMITY AREA CHARACTER. OKAY. UH, DARYL, DID YOU HAVE SOMETHING? YEAH, MY, MY POINT IS, IS THAT IF YOU LOOK AT, UH, WHAT'S ON 17 AND WHAT'S ON 19, THE, THE ADDITIONAL SPACE THAT THEY'RE REQUESTING, THE ADDITIONAL SQUARE FOOTAGE, BASICALLY, UH, I THINK THAT THEY HAVE TO SHOW THAT THERE WOULD BE HARDSHIP IN BUILDING A SMALLER HOUSE ON THIS PROPERTY. AND THERE CLEARLY ISN'T THAT I CAN TAKE THAT LAST LITTLE PART OF THE, OF PLANNED AREAS OFF OF BOTH OF THOSE PLANS AND THEY WOULD ACTUALLY CLEAR THE TREES EVEN MORE. AND SO, YOU KNOW, WHILE IT MIGHT BE A HARDSHIP TO BUILD WHAT THEY WOULD LIKE TO BUILD, I DON'T THINK THAT THAT'S WHAT THEY HAVE TO SHOW IN ORDER TO GET A VARIANCE FROM THIS BOARD. UH, AND SO I WOULD NOT SUPPORT THAT. UH, MR SHIRT. UH, DARYL, IS THERE SOMETHING, UH, YOU SEE AS A COMPROMISE? JULIE? UH, I MEAN, I THINK THAT GIVEN THAT THE SETBACK AVERAGES ARE 20 FEET, KNOW, I, I DON'T, I DON'T SEE WHY THERE SHOULD BE ANY SETBACK LESS THAN THAT. I MEAN, THAT'S WHAT THE AVERAGE IS ALONG THE STREET. UH, THERE ISN'T ANY HARDSHIP TO THE CONSTRUCTION ON THESE LOTS COMPLYING WITH THE SETBACK. UH, EXCEPT TO THE EXTENT THAT IT DOESN'T ALLOW THEM TO BUILD WHAT THEY WANT TO BUILD. THAT'S THE PROBLEM. SO IS THAT A FRIENDLY AMENDMENT? I MEAN, I W I IF, IF I WOULD SUPPORT A MOTION TO APPROVE THIS WITH A 20 FOOT SETBACK ON BOTH LOTS. YES. AND IS THAT ACCEPTABLE, MICHAEL AND, AND OTHER, I'M ALL FOR SPLITTING THE BABY. I DO THINK THAT THE LOT WITH THE TREES ON THE SIDE IS MORE ENCUMBERED. SO, AND THEN IN THE SPIRIT OF SPLITTING THE BABY, WOULD YOU CONSIDER 15 ON ONE AND 20 ON THE OTHER? WELL, I'D BE OKAY WITH THAT AS LONG AS WE MAKE CLEAR AND WE KNOW WHICH ONE LONG WE ARE REAL CLEAR WHICH ONES WE'RE TALKING ABOUT. YES, PLEASE MAKE IT CLEAR FOR US, CAUSE THIS IS GOING TO HAVE TO GO ON IN THE, OKAY. SO, SO, UH, 2311 IS THE ONE THAT IS MORE ENCUMBERED WITH TREES. SO THAT WOULD BE THE 15 FOOT AND 2309, UH, IS, UH, WOULD BE, UH, THE, UH, WOULD BE THE 20 FOOT. AND THE OTHER ONE WOULD BE THAT THE 15TH SO 20 2309 AS LESS TREES, WE WOULD WANT TO SEE 20 FEET THAT WHEN HE THREE 11 HAS MORE TREES IN THE MIDDLE AND WE WOULD WANT TO SEE. MMM, OKAY. SO WE'RE SAYING MR CHAIR JESSICA HAS HER HAND AND I HAVE ONE. OH YEAH. I JUST WANTED TO COMMENT THAT I DEFINITELY GET ONBOARD WITH THAT COMPROMISE. OKAY. VERY GOOD. ALL RIGHT, SO 2311 IS AGAIN, WHAT WE'RE SAYING WOULD BE THIS MICHAEL MICHAEL HAS SOMETHING. OKAY. I'M JUST MAKING NOTES HERE. OKAY. YES. THE LAST THING IS IT'S A CALLER. IT'S STILL ON THE LINE WHILE I LOOK UP THE HARDSHIP. UH, IT, UH, THEY CAN THEY WORK WITH THAT? WELL, IT'S A BLANK SLATE. OKAY. SO THEY'RE GOING TO HAVE TO WORK WITH THAT. NOT A PROBLEM. [03:05:02] OKAY, THAT'S FINE. THAT'S FINE. OKAY. WELL REASONABLE USE. SHOULD I GO INTO THAT MR CHAIR IS ALREADY, YEAH, HE ASKED ME TO GO AHEAD. THERE'S, I CAN BEGRUDGINGLY GET BEHIND THIS, BUT I STILL AM LIKE, NOPE, THERE'S NO, YOU WENT TO A BLANK SLATE AND WANTING TO DO SOMETHING THAT YOU KNOW YOU COULDN'T HAVE DONE. I'M GOING TO, I'M GOING TO FOLLOW SUIT WITH MY ENGINEER FRIENDS OUT HERE BECAUSE Y'ALL SAYING THAT THESE TREES IS OKAY AND WE'RE SPLITTING THE BABY 50 20 BUT I, I HAVE A LITTLE BIT OF HEARTBURN ON THIS CAUSE IT SOUNDS LIKE I JUST WANT TO DO WHAT I WANT TO DO BECAUSE I WANT TO DO IT, WHICH DOES NOT SOUND LIKE A HARDSHIP. THAT'S ALL. THANK YOU YASMIN. I THINK WE SORT OF TOOK THAT. I WANT TO DO, I WANT TO DO OUT OF IT A LITTLE BIT WITH A COMPROMISE BUT THANK YOU. THANK YOU FOR . I AGREE WITH YASMIN. I HAVE TO BECAUSE I WAS GOING TO 20 FEET ON BOTH, BUT IN A SPIRIT OF GETTING GOOD AS MAIN CORTEZ, I RESPECT THAT REASONABLE USE. YEAH. THANK YOU SIR. REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY. LET ME SAY MR. CHAIR, WE HAD A BUNCH OF GOOD PEOPLE OUT HERE BECAUSE HE, EVEN UNDER TRYING TIMES, YOU KNOW, WE TRIED TO WORK THINGS OUT, REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE BECAUSE THE REQUIREMENT OF A 25 FOOT OH BILL SETBACK. THEN BOTH FRIENDS OF YOUR LOT REDUCES THE AREA THAT CAN DEVELOP OUR CHIP. THE HARDSHIP FOR WHICH A VARIAX IS REQUESTED IS UNIQUE TO THE PROPERTY, THAT THERE WERE SEVERAL PROTECTED HERITAGE TREES ON THE PROPERTY THAT REQUIRE GREATER FLEXIBILITY FOR BUILDING PLACEMENT IN ORDER TO PRESERVE FRUITS. THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE MOST STRUCTURES ON THIS BLOCK WERE BUILT IN THE 1940S BEFORE IMPLEMENTATION TO PRESERVATION ORDINANCES AREA CHARACTER. THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY, WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING AND WILL NOT IMPAIR THE PURPOSES OF THE REGULATION OF THE ZONING DISTRICT IN WHICH PROPERTY IS LOCATED. BECAUSE THE VARIANCE WELL PRESERVE THE PRESERVE THE TREES AND WE'LL HAVE THE DEVELOPMENT THAT IS CONSISTENT WITH OTHER 15 LOTS ALONG THIS BLOCK THAT THAT'S IT, SIR. OKAY. VERY GOOD. UH, SO LET'S, UH, THINK ABOUT, UH, UH, IF YOU'RE IN FAVOR OF GREEN, YOU'RE AGAINST RED. ALRIGHT. LOOKS LIKE WE GOT IT HERE. SO YOU GOT YOUR VARIANCE LIKE MR APPLE TOO. I THINK KATIE WILL BE ON TV. SO, UH, FOR THE NEXT ONE, I AM UH, ABSTAINING. UM, AND SO I'M GONNA, UM, SIGN OFF HERE UNTIL WE GET TO OUR NEW BUSINESS. AND SO I'M TURNING IT OVER TO MELISSA AND I DON'T HAVE ANY NOTES OR ANYTHING, SO THIS IS GOING TO BE REALLY EXCITING. SO ELAINE, CAN YOU CALL THE CASE PLEASE? YES, I GOT IT. [Item P6] THE NEXT CASE IS ITEM P SIX 71 JULIA STREET. THE APPLICANT IS REQUESTING A VARIANCE FROM SECTION 25 TO SEVEN 21 WATER REALLY COMBINING DISTRICT. THE APPLICANT TO SPEAK ON THIS ONE IS AMY. OOPS. AMY, ARE YOU AVAILABLE? YES. CAN YOU HEAR ME? CAN YOU? OKAY, GOOD. UM, HI. HOPE THE SLIDES ARE UP. I'M GOING TO LOOK AT MY DECK. THANK YOU. ALL MEMBERS OF THE BOARD FOR LETTING US SPEAK TONIGHT. UH, WE'VE FOUND THAT FROM THE MARCH MEETING, UH, TO TALK ABOUT SOME OF THE QUESTIONS THAT YOU HAD AND SOME GREATER CONTEXT. AGAIN, WE'RE LOOKING FOR A VARIANCE FOR THE WATERFRONT OVERLAY TO GO FROM 30% IMPERVIOUS COVERAGE TO 36.8. NEXT SLIDE PLEASE. UM, WE WANTED TO, TO SHOW THE FULL SITE PLAN, UM, AS 73 ISN'T IN THE WATERFRONT OVERLAY. WE DIDN'T INCLUDE THAT THIS TIME OR LAST TIME BUT NEEDED TO. AS YOU CAN SEE, 73 IS A SMALLER THAN AVERAGE LOT. 71 IS TOO SMALL, LOTS THAT ARE BOUND TOGETHER AND CANNOT BE SOLD SEPARATELY. UH, OUR UH, PROPOSAL HERE IS THAT WE ARE MOVING THE LOT LINE ON 73 SOUTH A LITTLE BIT TO MAKE IT BIGGER AND THEY CAN SEND ME ONE WITH A SMALLER SIZE PLEASE. PART OF THAT IS IN THOSE LOTS WE HAD A TOTAL OF SIX BEDROOMS AND THE OLD STRUCTURES. UH, WE ARE MOVING THAT UP TO 10 BEDROOMS TO INCREASE THE NUMBER OF FOLKS WHO CAN LIVE IN THIS AREA. ON THIS. UH, NEXT ONE WAS TALKING ABOUT THE UTILIZATION OF A LOT AND THE CHARACTER OF A LOT. THERE'S ACTUALLY TWO OF THEM ARE THREE, HOWEVER YOU COUNT IT. UM, ONE TO SHOW YOU HERE IS [03:10:01] THE BIGGEST ORANGE CIRCLES ARE THE HERITAGE TREES THAT WE'RE WORKING AROUND. AND THE SMALLER BROWN CIRCLES ARE TREES THAT ARE EITHER PROTECTED OR ARE OF GOOD SIZE. UM, WHICH IS A, A THING THAT WE'RE WORKING AROUND HERE IN GREEN. JUST IT'S NOT AS LINEAR AS THAT IS THE JOINT, UH, ACCESS DRIVEWAY. IT'S SERVICES TWO OF THE FOUR HOMES. NEXT SLIDE PLEASE. UM, THIS IS A LITTLE MORE COMPLICATED ONE. THE OTHER ONE'S A LITTLE BIT SIMPLE TO LOOK AT. HERE. YOU CAN SEE THE CRITICAL ROOT AREAS THAT WE WERE, UM, TRYING TO AVOID AS WELL AS TRYING TO GET A COMMON SPACE IN THE MIDDLE OF THE FOUR UNITS WHERE THERE ARE THE TREES AND THE GREEN SPACE FOR ALL UNITS. UM, THIS IS HOW WE'VE SET IT UP CURRENTLY. UH, WE HAVE TAKEN THE CAR PART OFF IN THIS SHOWING TO SHOW YOU WHAT WE'RE TRYING TO DO WHEN THE ALTERNATIVES AND SUGGESTIONS TO THE BOARD CAME TO, UM, TAKE THE CAR PORT OFF THE SOUTHERNMOST HOUSE AND TO UM, WITH OTHER THINGS. UH, TAKE THAT OFF AND DO SOMETHING ELSE. I CAN'T REMEMBER IT NOW. UM, WE DID DO THAT. TRY TO THAT. OH, THEY WANTED TO MOVE THIS, THE SOUTHERNMOST HOUSE UP NORTH. UH, EVEN DOING THAT WITH THIS CAR PORT OFF, IT ONLY, UM, REDUCES THE IMPERVIOUS COVERAGE BACK TO 34.9%, UM, TO TAKE THE CAR PORT OFF AND THEN MOVING THE HOUSE UP INTO THE CRITICAL ROOT, FILLING UP THE TWO TREES OR JUST TO THE NORTH OF THAT HOUSE IN 71, UM, PROPOSED A HARDSHIP FOR US BECAUSE WE WOULD LOSE A 17 BLOCK DIAMETER. AND THEN WE'VE GOT THAT HERITAGE, THE CON TO THAT. UH, ANOTHER THING I DO WANT TO BRING UP IS SEVEN OR JULIA STREET IS A NARROW DEAD END STREET. THERE IS NO CALL TO SACK RIGHT NOW. THE KIDS PLAY ON THE END OF THAT STREET. OUR GOAL WITH THAT CARPORT AND THE, UM, RIBBONS WAS TO GET MORE OF THE CARS OFF THE STREET WHERE IT'S ALREADY GOT A CONSTRAINT ISSUE AS WE HAVE, UM, A THREE BEDROOM HOME UP ON THE TOP AND THEN TO, UH, A TWO BEDROOM ADU. AND THEN ON 71, WE HAVE THE GUEST HOUSE FOR MY PARENTS AND A HOUSE FOR OURSELVES AND OUR TWO SONS AND OUR TWO CATS. UH, SO WE THOUGHT THAT THAT WAS APPLICABLE FOR THE NUMBER OF CARS THAT WOULD BE GOING IN AND OUT AND NOT PUTTING ON THE STREET. NEXT SLIDE. UM, ONE OF THE OTHER CONCERNS WAS THE LOOK OF THE HOME COMPARED TO THE NEIGHBORHOOD. THIS IS THE PLAN FOR BOTH WHAT THIS, THESE TWO HOUSES IN 70 WOULD LOOK LIKE AND THE 73 HOME AND ADU. UH, WE'VE TRIED TO FIT THE NEW WITH THE GO MORE CLASSIC ROOFLINE AND PORCHES ON THEM TO SIT THE OLD HOMESTEADS THAT ARE IN THE NEIGHBORHOOD. UM, BUT QUESTION WAS, IS THAT CONSISTENT WITH WHAT'S IN THE NEIGHBORHOOD NOW, NEXT SLIDE. UM, WE DID TAKE SOME PICTURES OF THINGS THAT ARE IN OUR NEIGHBORHOOD, WHICH IS JEWISH STREET SINCE SABA AND CANTERBURY UP TO UM, NORTH PLEASANT HILL ROAD. THE NEW CONSTRUCTIONS AS YOU SEE THERE TEND TO LEAD MORE FOR THE MODERN. UM, AND WE JUST WANT TO GIVE A SHOW THAT WE ARE TRYING TO GO MORE TOWARDS THE OLD HOMESTEAD. NEXT SLIDE. IN FACT ON 775 SINCE ALBA AND SOUTH DAKOTA, ALTHOUGH IT'S ONE LOT THIS IN BROKEN THREE HOMES, ALL THREE HOMES FOLLOW THIS MORE MODERN ARCHITECTURE. SO THE NEIGHBORHOOD IS REALLY QUITE CHANGING. BUT WE DO LIKE THE COMPROMISE THAT WE'VE MADE WITH YOUR SMALL CLASSIC LOOK. UM, WE ALSO WANTED TO TALK ABOUT BRIEFLY IS THE WATERFRONT OVERLAY. UM, WE HAVE NOTICED THAT THE HOMES UP AND DOWN, THE NEW CONSTRUCTIONS OUR BUILDING RIGHT INTO AND THEY THINK MORE ALLOWANCE OF THE OVERLAY. THEN, UM, THEN WE'RE ASKING FOR, IF YOU CAN SEE HERE, LAST SLIDE IF YOU'LL BEAR WITH ME ON THIS ONE IS THE WATERFRONT OF WHAT IT LOOKS LIKE. IF YOU CAN SEE 71 IS BEHIND THE TREES AND WON'T BE ACCESSIBLE FIRST TEAM FROM THE ROAD. WE AREN'T TAKING ANY MORE TREES DOWN. WE TOOK A LITTLE SCRUBS OUT, BUT WE CAN SET ALL THE HOMES THERE WITHOUT TAKING OUT THOSE BIGGER TREES. AND THEN THE LAST PART IS JUST OUR ASS THAT WILL HUMBLY ASHLEEN TO LET US BUILD THIS SPACE WHERE EVERYONE HAS GREEN SPACE AND NOT 40% AND NOT THE POTENTIAL 55 BUT THE 25 DASH TWO MIGHT ALLOW US, WE'VE NOT WOULD NOT WANT TO DO THAT ANYHOW, BUT WE'RE, WE'RE TRYING TO DO THE RIGHT THINGS WITH THE SLOT. THANK YOU. ALL RIGHT. IS THERE ANYONE ELSE TO SPEAK? AND WE HAD ALL OUR OPPOSITION AT THE BEGINNING. YEAH. BUT MELISSA THERE, UM, I DON'T KNOW IF YOU HAVE QUESTIONS FOR THE ARCHITECT, BUT HE IS AVAILABLE BY PHONE AND THEN OF COURSE, UM, THE HOMEOWNER, HER HUSBAND IS ALSO AVAILABLE BY PHONE IF YOU HAVE QUESTIONS FOR EITHER OF THEM. [03:15:01] IS THERE ANY MORE QUESTIONS FOR THE ARCHITECT? PERFECT. I THINK YOU'RE JUST MADE IT MYSELF, BROOKE. WAIT, WAIT, WAIT. OKAY. OKAY. MY, MY MUTE THING WOULDN'T GO OFF. TRYING TO GET IT TO GO OFF AND IT WASN'T WORKING. UM, MINE ISN'T SO MUCH A QUESTION AS I WILL TELL YOU RIGHT NOW THAT I DON'T SUPPORT ANY BUILDING IN THE SECONDARY THAT BACK OF THE WALL IN FRONT OF RELAY. THAT WAS A LONG PROCESS TO DO, TO DESIGN THAT THE, THE, ALL THE STUDIES WERE DONE AND IT WAS FOR ENVIRONMENTAL REASONS. IT WAS FOR, UM, VISION REASONS. IT WAS FOR PERVIOUS COVERAGE REASONS. AND, UM, I JUST WON'T SUPPORT BUILDING AN, A SECRETARY SAID THAT, BROOKE, THIS IS ELAINE. IF I CAN JUST THROW MY 2 CENTS IN, JUST FROM WHAT I'VE HEARD FROM COMMERCIAL FOR VIEWERS AT THE CITY, THAT THAT SECONDARY WATERFRONT OVERLAY IS, WAS SPECIFICALLY DESIGNED FOR COMMERCIAL PROPERTIES. UM, I DON'T KNOW TOO MUCH ABOUT IT, BUT FROM WHAT I UNDERSTAND, IT WASN'T, I WILL TELL YOU, I WAS CHAIR OF THE WATERFRONT PLAN AND THE ADVISORY BOARD THAT OVERSAW AND OVERSAW THE WATERFRONT OVERLAY ORDINANCE AND IT WAS FOR ALL OF THE WATERFRONT OVERLAY. IT WAS NOT DESIGNED FOR COMMERCIAL, AND MELISSA CAN SPEAK TO THIS ALSO BECAUSE SHE WAS ON THE TASK FORCE. OKAY. I, THIS IS JUST WHAT I'VE HEARD FROM COMMERCIAL AND REVIEWERS AT THE CITY. UH, I SPENT FRIDAY MORNINGS, 8:00 AM ON THE WATERFRONT OVERLAY TASKFORCE. IT WAS GOOD TIMES WITH A LOT OF PEOPLE. WAS VERY EXCITING. SO IS THERE ANYBODY ELSE HAVE ANY, DO, DOES ANYBODY HAVE QUESTIONS FOR THE ARCHITECT? I SEE. WILLIAM, DO YOU HAVE YOUR HAND UP? GOT QUESTIONS OR COMMENTS? NOT FOR THE ARCHITECT. OKAY. UM, THE PREVIOUS MEETING I HAD SAID I WOULD SUPPORT THIS AND UH, THE APPLICANT DOES MAKE A VERY, UH, VERY INTERESTING ASSERTION WHICH I ACTUALLY, THIS IS A QUESTION WHICH IS THAT IN THEIR PRESENTATION THEY HAVE SAID THAT THE CITY HAS DECIDED TO OVERLOOK THIS ON OTHER PROPERTIES. UM, AND I HAVE BEEN ALL DUE RESPECT TO, UH, TO YOU APPLICANT OUT AS YOU WERE DOING YOUR APPLICATION OR YOU'RE DOING YOUR PRESENTATION. I WAS LOOKING AT SOME OF THESE PROPERTIES AND, UM, THINK IT'S IS THE APPLICANT MAY HAVE A POINT AND I FEEL THAT IF THE, THE INTERPRETATION OF THE CITY, UH, RESIDENTIAL REVIEW HAS BEEN TO ALLOW THE APPROACH THAT SETBACK ON OTHER PROPERTIES, BUT NOT ALLOW IT HERE, THAT ATTRACTS ME, THE RUN WITH THAT, THAT THAT RUBS ME THE WRONG WAY AND IT'S THAT GOOD FOR THEM, BUT NOT FOR THIS APPLICANT. AND WHEN I, WHEN I LOOK AT WHAT THEY'RE PROPOSING VERSUS PLANS AND PHOTOGRAPHS OF WHAT IS BEING BUILT, UM, DOWN DOWN THE SHORELINE, UM, IT DOES NOT APPEAR THAT THEY'RE ASKING FOR MORE THAN WHAT SOMEBODY ELSE. UM, AND I ACTUALLY, UM, ACTUALLY HAVE SOME INVOLVEMENT DOWN THE STREET BECAUSE A TIMES WHEN I WAS ON THE OTHER SIDE OF THE DIOCESE WAS WHEN I WAS SUBDIVIDED THE LAND, UH, KNOWLEDGE OF THIS AREA. AND, UH, OUR INTENTION, WE, UH, SOLD THE LAND. BUT OUR INTENTION WAS THAT PEOPLE WHO BOUGHT THE RELATED FEATURE RESPECT THAT SET UP THAT HUNDRED 50 FOOT SETBACK, UH, IT DOESN'T APPEAR THIS OTHER WAY OUT. AND SO I THINK THAT, UH, I THINK THAT THE APPLICANT'S ASSERTION THAT THEY'RE SIMPLY ASKING FOR WHATEVER WHAT OTHER PEOPLE HAVE GOTTEN, I THINK THAT HAS TO BE TAKEN INTO CONSIDERATION. MR VAN ALLEN. WELL, HAVING BEEN HERE SINCE I USED TO RUN THE RACE BOATS DOWN ON FESTIVAL BEACH DOWN THERE AND KNOWING HOW IT'S BEEN OPERATED OVER THE YEARS, HAVING HAD MY BUSINESS THERE IN EAST AUSTIN FOR YOU KNOW, ALMOST 30 YEARS, I HAVE TO AGREE WITH, UH, COMMISSIONER HODGE THAT THEY'RE NOT ASKING FOR ANYTHING ELSE THAT ANYBODY ELSE IS ASKING FOR THEM. [03:20:01] IT IS WAY BACK IN THE BACK CORNER. UH, YOU KNOW, I, I'M VERY FAMILIAR WITH THE HISTORY OF FESTIVAL BEACH AND EVEN WHEN YOU USED TO GO BACK AND WE USED TO HANG OUT WITH THE LOW RIDERS AND JUST CHILL OUT OUT THERE BACK BEFORE IT TAKES, GOT ALL POLITICALLY CORRECT AND NOUVEL AND HIPS AND EVERYTHING ELSE. SO I DON'T KNOW, UH, IF I'VE GOT THE SUPPORT, UH, I'VE LOOKED AT THIS LOT. I'VE LOOKED AT THE WAY IT SITS ON, ON THE WATERFRONT. IT IS WAY OUT IN THE BACK. UH, I THINK THEY'RE ONLY ASKING FOR ANYTHING THAT EVERYBODY ELSE WAS GIVEN BEFORE THESE PEOPLE CAME ALONG AND DECIDED TO BUILD ON. SO I DON'T KNOW FOR, YOU'VE GOT TO VOTE. I DON'T KNOW IF I'VE GOT THE SUPPORT. I WILL MAKE A MOTION TO APPROVE. WELL, SECOND I WAS SECOND. ANY DISCUSSION? YES MA'AM. AND SO ARE WE SAYING WE HARDSHIP IS THAT'S THAT IT IS LIKE IN THE WATERFRONT LIKE IS LIKE THE, IS THAT THE HARDSHIP THAT IT HAS TO FOLLOW THE RULES OF YEAH. THAT'S NOT THE HARDSHIP. I'M ACTUALLY HANGING MY HAND ON THE ADDITION OF THREE THAT THROUGH HERITAGE HERITAGE. YEAH. THAT'S OKAY. I JUST WANTED TO MAKE SURE THAT'S IT. THAT'S WHERE I HAD TO GO WITH IT, YOU KNOW, UH, OTHER THAN THE FEELING OF, OF EQUALITY THAT'S, I HAD TO HANG MY HAT IN THE TREE SO TO SPEAK. ANYBODY ELSE I CAN MAKE SURE I UNDERSTAND WHAT WE'RE, WHAT WE'RE GOING TO BE VOTED ON. THEN WHAT WOULD BE VOTED ON IS TO APPROVE A VARIANCE TO JUST THE IMPERVIOUS COVER LIMITATION TO ALLOW 36.8 RATHER THAN 30% IN, IN THAT ZONE. AND IT WOULD BE TO CONSTRUCT SOMETHING IN ACCORDANCE WITH THE SITE LAYOUT THAT'S SHOWN ON, ON PAGE SIX. MR. PRUITT. AGAIN, I THANK YOU FOR YOUR ASTUTE OBSERVATION AND YES, THAT'S WHERE I WAS GOING WITH IT AND WHAT THEY HAVE PROVIDED HERE, BUT THEY'RE NOT PACKET IS WHERE I WAS GOING TO GO WITH IT TO GIVE THEM AT LEAST THE ABILITY TO CONSTRUCT WHAT, WHAT THEY HAVE PRESENTED TO US TODAY. OKAY. HOLD ON. I WANT TO LOOK AT THE CODE SECTIONS THIS ONE TIME REAL QUICK. SO I AM, I AM CLEAR THAT YOUR QUESTION JUST GOT ANSWERED. HOLD ON. I HAVE TO LOAD MORE FROM THE LOVELY CITY OF AUSTIN WEBSITE. . SO IN THE SECONDARY SETBACK IS ONLY ALLOWED FOUNTAINS, PATIOS, TERRACES, OUTDOOR RESTAURANTS, AND SIMILAR USES ARE PERMITTED AND THE IMPERVIOUS COVER MAY NOT EXCEED 30. IT'S NOT JUST THE 30%, IT'S THE ACTUAL STRUCTURE, UH, MORE THAN A FOUNTAIN PATIO TERRACE OR LIKE AN OUTDOOR RESTAURANT SPACE. IT'S THE ACTUAL STRUCTURE IN THE SECONDARIES IN THE SECONDARY SETBACK. I ACTUALLY UNDERSTAND THAT MADAM CHAIR, BUT THE WHOLE POINT OF THIS BOARD IS SO THAT WE CAN GRANT VARIANCES FOR, YES SIR. I DID MAKE SURE THAT THAT MR. PRUITT ALSO, HIS WATERFRONT OVERLAY IS A VERY LAYERED, UH, AND, AND IT ISN'T JUST THE 30% NUMBER. YES. OKAY. I AGREE. THANKS. I UNDERSTAND. I THINK ON PAGE 25 IF THEY DO ASSERT THAT THE, THE, UH, THE DIFFICULTY THEY HAVE IS BECAUSE OF THE LOCATION, THE HERITAGE TREES, THEY CANNOT PUSH A SLIP IN FRONT OF THE HOUSE TO BE PROPOSED TO BE CONSTRUCTED OUT OF THAT SECONDARY AREA. SO I'M STILL WANT TO POINT OUT THOUGH, THAT THE REASON WHY THEY CAN'T BUILD OUTSIDE OF THAT AREA IS BECAUSE OF THE SECONDARY STRUCTURE THAT THEY'RE WANTING TO BUILD. SO THEY DIDN'T HAVE THAT SECONDARY STRUCTURE. THEY CAN VERY PERFECTLY BUILD A SINGLE THING, SINGLE FAMILY HOME IN THAT AREA. SO I'M STRUGGLING WITH THIS ONE A LOT BECAUSE IT'S THE SAME AS ANYONE WHO JUST WANTS TO BUILD AN ADU BECAUSE THEY FEEL LIKE IS THE RIGHT TO BUILD AN APU, BUT IT'S NOT NECESSARILY RIGHT. SO I'M HAVING A HARD TIME, [03:25:01] UM, BEING ON BOARD WITH THIS ONE. ALRIGHT. AND MADAM CHAIR, YOU SAID IT BETTER THAN I HAVE, BUT I HAVE THE SAME FEELING FOR THE SAME REASONS. AND MADAM CHAIR, UH, LET ME SEE, I DON'T EVEN KNOW IF THAT, YES, I'M ON. OKAY. UH, I AGREE WITH COMMISSIONER CORRAL AND AGAIN, I'M OPEN UP TO AMENDMENTS AND CHANGES. I JUST THINK THAT THE TREES ARE REASONABLE AND I DO AGREE WITH, WITH HER SENTIMENTS AS WELL. SO IF THERE'S SOME WAY, AGAIN, THIS SPLIT THE BABY, IT'S FINE WITH ME AND THEY'LL HAVE TO DEAL WITH IT. AS ONJ EVERY HAND IT. UM, AND, AND I, I TOO AGREE THAT THE VARIANCE BEING REQUESTED IS THE ABILITY TO BUILD SOMETHING IN THE SECONDARY SET THAT ALLOW AS TO WHAT THAT IS. IS IT, IS IT, WHEN STRUCTURE IS IT TO, UH, UM, TO BE OPEN TO A COMPROMISE ON THAT? I JUST, UM, IN BETWEEN LAST MEETING AND NOW I JUST, YEAH, I CAN MADE IT CLEAR IN THEIR APPLICATION AND I DID A RESEARCH TO BACK IT UP AND OTHER PEOPLE HAVE GOTTEN TO DO AND I JUST, I KNOW, MATTER OF FAIRNESS, UH, THAT PEOPLE HAVE RECENTLY BEEN ALLOWED TO DO EXACTLY WHAT YOU'RE ASKING ME TO DO. I EVEN WOULD GO, YOU KNOW, I COULD EVEN GO SO FAR AS TO SAY THAT I THINK THEY SHOULD JUST BE ALLOWED TO BUILD WHAT IT IS. BUT UM, I GUESS MAYBE I'LL JUST ASK THAT OF COURSE CAN BE ASKED IF THERE ARE MEANINGFUL TO OUR, TO THERE. JESSICA I'M ALSO KIND OF TORN ON THIS. I'M OPEN TO AMENDMENTS. I MEAN I DON'T LIKE THE UNFAIRNESS PART OF IT, BUT AT THE SAME TIME I'M, THIS DOES SEEM LIKE A BIT OF A STRETCH. IF YOU DON'T BUILD SECOND BUILDING AND YOU'RE FINE, BUT A SINGLE HOME THERE AND THERE, THEY'RE GOOD. SO IT DOES COME ACROSS TO BE KIND OF LIKE, IT'S NOT THAT WE HAVE A HARDSHIP WITH NOT BEING ABLE TO BUILD, BUT IT'S MORE OF A HARDSHIP NOT BEING ABLE TO GO WITH IT. OH, ANYONE COMPROMISES SUGGESTIONS? I'VE GOTTEN NOTHING RESTAURANT OLAND I'VE NEVER BEEN KNOWN TO TAKE ON THE EASY ONES, SO, UM, I'M ALL FOR COMPROMISE OR WHATEVER. THE, UH, MAYBE, UH, YOU KNOW, THE BOARD WOULD LIKE TO COME WITH THAT. I, I DO STILL AGREE WITH, UH, MICHELLE HODGE THAT THEY CAN BUILD SOMETHING THERE. AND IF THEY, YOU KNOW, EVEN TO THE FACT OF ASKING THE HOMEOWNER, THE BUILDER THAT THEY'RE AMENABLE WITH THAT, THAT'S FINE. I MEAN, I'M OKAY WITH IT, BUT I JUST THINK THAT THAT LOT CAN BE DEVELOPED. I DO THINK THERE'S A LOT OF LOTS ALONG THAT WATERFRONT THAT HAVE GOTTEN THE SAME TYPE OF, UH, GRANTS, YOU KNOW, THE SAME TYPE OF, UH, UH, PASSES ON IT. AND SO THAT'S THE REASON I'M SUPPORTING BECAUSE IT SAYS, I DON'T THINK IT'S AS EASY AS US REDESIGNING IT BECAUSE THEY NEED TO COME BACK WITH A DESIGN THAT KEEPS IT OUT OF IT. I WON'T SUPPORT ANYTHING IN THE SECONDARY, BUT I WILL SAY, I DON'T KNOW WHY, UM, STAFF DID SOMETHING THAT WAS ILLEGAL, BUT I NOT KNOW BY LETTING PEOPLE BUILD IN THE SECONDARY BECAUSE THE ORDINANCE CLEARLY STATES THAT THEY CAN'T AND ANY REVIEWER THAT ALLOWED THAT WAS GOING OUTSIDE OF WHAT THE ORDINANCE ALLOWS. AND SO I'M NOT REALLY SURE HOW THAT HAPPENED. UM, BUT IT DOESN'T MEAN THAT I'M GOING TO APPROVE IT ON THIS ONE. OKAY. I'M GOING TO GO TO MR. HODGE AND THEN MISS JESSICA. UM, I'M JUST FOR WHATEVER IT'S WORTH, I'M JUST PICKING FROM MY EXPERIENCE DOWN. UH, YOU KNOW, ONE BLOCK OVER, UM, YOU KNOW, THE, THE ORDINANCE IS WRITTEN FROM THE SHORELINE AND WE WERE WORKING ON OUR SUBDIVISION. WE STARTED IN 2012 DROUGHT. SHORTLINE WAS ACTUALLY CONSIDERABLY FURTHER FROM THE HOTLINES OF THESE PROPERTIES THAN IT IS TODAY. UM, BUT THAT BEING SAID, UH, WE WERE REAL IN THE SUBDIVISION PROCESS WHERE, YOU KNOW, WHAT DO YOU INTEND TO DO? WE HAD TO DO ALL THE THINGS THAT SEPARATE THE SUBDIVISION TO ATTEMPT TO BE A SHOW WHERE YOU'RE GOING TO FULFILL IT, TO PROVE THAT YOU CAN BUILD INSIDE THE SETBACK AND PROVE THAT YOU CAN BUILD IT, YOU KNOW, WITHOUT ENCROACHING ON THE SETBACK. AND SO LOOKING AT THESE PROPERTIES, SO THE IS WELL HOW DID THIS GET FOR IT? THE RESIDENTIAL ARCHITECT HAD BEEN GRILLED ON THESE THINGS BEFORE. SO IT'S THAT BEING SAID, UM, IT'S RECENT HISTORY THAT IT'S BEEN ALLOWED AND I AS THE, AS THE APPLICANT'S, [03:30:01] I CAN LOOK AT IT FROM THEIR SIDE AND SAY, WELL, WE'VE GOT TO DO IT. I CAN I, AND INDEED THEY GOT TO DO IT TO A GREATER EXTENT. UM, BUT I WOULD, I MIGHT SUGGEST PERHAPS THAT A COMPROMISE MIGHT BE A FRIENDLY AMENDMENT HERE THAT I THINK THAT, I THINK THAT IT COULD PROBABLY, YOU KNOW, BUILDING IN THE SETBACK ITSELF IS ONE THING, BUT I THINK THAT THEY COULD WITH SOME, WITH SOME REDESIGN, I THINK THEY CAN KEEP THE IMPERVIOUS COVER TO THE INTENT OF 30% AS, AS LISTED IN THE, UM, SO I, I THINK I'M PROPOSING A FRIENDLY, I AM PROPOSING A FRIENDLY AMENDMENT. YEAH. THE PREVIOUS COPPER ENCROACHING IN THE SECONDARY SETBACK BEING LIMITED TO 30%. OKAY. SO WE HAD TWO PEOPLE THAT WANTED TO SPEAK, WHICH WOULD BE JESSICA AND ROM. OKAY. AND ATA, BUT I NEED TO ASK WHETHER OR NOT THAT'S AN ACCEPTABLE AMENDMENT. SO I WOULD ALSO LIKE, YOU KNOW, WHERE WE'RE SITTING RIGHT NOW IN THIS MOMENT IS NOTHING PASSES HERE. THERE'S NOT ENOUGH BOATS EITHER WAY, JUST IN KIND OF LOOKING AT THE LAYOUT OF THE LAND. AND SO IT MIGHT BE THE BETTER POINT OF VALOR AT SOME POINT TOO. YOU POSTPONE IT AND ALLOW THEM TO PICK THEIR DIRECTION. SO I'M GOING TO GO AHEAD AND ASK MICHAEL, DO YOU ACCEPT THE AMENDMENT THAT WILLIAM JUST SAID, WHICH WAS TO DROP THE IMPERVIOUS COVER PORTION OF THAT VARIANCE AND JUST TO ALLOW THE STRUCTURE AND IS IN THE SECONDARY? YES. I, YES, I DO. AND I'M ALSO HOPING FOR A POSTPONEMENT IF THE, BECAUSE I KNOW THE APPLICANT IS STILL BASED ON WHAT I'M SEEING DOWN HERE IS STILL ONLINE. IF THEY WOULD PREFER TO POSTPONE AND COME BACK WITH SOMETHING, I AM OPEN. I'M GOOD TO GO WITH THAT. I ALL THEM IN MY MOTION. THANK YOU JESSICA. AND THEN RUM. I WAS GONNA SAY THE SAME THING. I WAS GONNA MAKE EMOTIONAL POSTPONE. I THINK IF WE COULD COME BACK WITH SOMETHING WITH A LITTLE BIT LOWER COVER, I'M NOT REALLY REPOSITIONED. THAT WOULD BE A COMPROMISE. OPENS. YEAH, I'LL ACCEPT THAT. AMENDED MOTION. WELL, GO AHEAD. GO AHEAD. I'M SORRY. UM, I'M, I'M HAPPY TO, UH, TO VOTE FOR A MOTION TO POSTPONE, BUT JUST TO BE CLEAR, I'M A HARD NO ON THIS ONE. THIS IS A CLOSE FOR ME AND WE HEAR ALL KINDS OF STUFF ABOUT FAIRNESS THAT IS, HAS FAR MORE MERIT IN MY VIEW THAN THIS ONE DOES. SO, UH, OH, UH, I'M A HARD NO ON THIS ONE, BUT MAYBE THE VOTES EXIST FOR SOME FUTURE COMPROMISE OUTSIDE OF ME. YOUR CATS. GREAT. KELLY. YOU KNOW, I THINK IT'S PRETTY FUNNY. YEAH. BECAUSE MY CAT IS LITERALLY SITTING IN THE MIDDLE OF THE BED AND WON'T GET UP. LIKE SHE'S JUST WAITING FOR SOMEBODY TO GIVE HER CHICKEN TREATS AND KELLY'S CATS AND LEE'S CAT IS LIKE MR PERSONALITY OR MS PERSONALITY OVER THERE AND MINE ARE LIKE, YEAH, I'M IN THE MIDDLE OF YOUR BED AND OH NO, THIS IS MY BED. UM, SO I HAD THE, DARRYL, DO YOU WANT TO BEFORE I DO, YEAH. JUST, JUST, JUST TO MAKE SURE. I MEAN, YOU MIGHT, HASN'T BEEN COUNTING POTENTIAL VOTES SO FAR. I ALSO CAN'T SUPPORT THIS. I MEAN, I DON'T SEE, YOU KNOW, THE RULES OF THE RULES FOR A REASON ABOUT WHAT YOU CAN AND CAN'T DO IN THAT AREA. UM, AND, AND GIVEN THAT, AND GIVEN THAT THERE'S MORE THAN ONE STRUCTURE THAT THEY'RE TRYING TO DO THERE, I DON'T SEE THAT THAT'S A HARDSHIP. I THINK THAT'S A HARDSHIP FOR THEM TO, UH, I THINK IT'S LIKE THEY CAN'T BUILD WHAT THEY WOULD LIKE TO BUILD, BUT THAT DOESN'T MEAN THAT THAT'S A HARDSHIP. SO I JUST, I WILL NOT SUPPORT THIS EITHER. ALL RIGHT. SO, UH, WE HAVE A MOTION I THINK TO PROPOSE AND I WOULD LIKE TO JUST SAY A COUPLE OF THINGS REAL QUICK. I LOST LIKE VIDEO ON EVERYBODY BUT LIKE THREE PEOPLE. SO IF YOU'RE HOLDING UP YOUR HAND, I CANNOT SEE YOU RIGHT NOW. UM, SO I WOULD SAY JUST MYSELF THAT YOU HAVE TWO LOTS HERE AT 71 AND 73 JULIUS ONE OF THEM HAS THE SECONDARY SETBACK ON AND I WOULD PROBABLY BE MORE OPEN TO A VARIANCE USING THE REST OF THE COMBINED TWO LOTS AS A, AS A NET SIDE AREA [03:35:01] AND HAVING MORE ON THOSE LOTS THAN I WOULD BE OPEN TO BEING IN THE SECONDARY SETBACK IF THAT WERE A LARGER HOUSE ON 73 OR MORE OF A FEW BLACK STRUCTURE OUT OF THE SETBACK ON 71. I'M MORE OPEN TO THAT JUST AS A, IF YOU WERE LOOKING AT A DIRECTION OF WHICH SOMEBODY MIGHT GO THAT'S A LITTLE BETTER. UM, AND EVEN BROOKE KIND OF TEARED UP AT THAT. WOW. OKAY. MR BONO. THAT'S WHY I WANTED TO GO BACK TO THE CALLER AND THE APPLICANT. ALL I SEE IS CALLED AND USER WHATEVER. SO I'D LIKE TO GO BACK TO THE APPLICANT AND MAKE SURE THAT THEY UNDERSTAND WHAT YOU'RE STATING AS WE DID THIS POSTPONEMENT OR IF THEY WANT TO THROW THE DICE, WHICH I DON'T THINK IS, UH, THIS WAS THE COBRA APPLICANTS. IF I COULD SPEAK PLEASE. IF WE CAN GO TO PAGE 18 IN THE DECK, WHICH SHOWS WHERE THE PREVIOUS UH, HOME WAS AND WHERE THE PROPOSED, UH, HOME WOULD BE PAGE 18 OF WHICH 18 YES. WHAT WE SENT IN, BUT APPARENTLY IT'S NOW PAGE 18. SO YOU, IT'S ONE THAT HAS THE BLUE OUTLINES AND THE YELLOW OUTLINES. MADAM CHAIR, IT'S PAGE SIX OF 18. OH, THANK YOU. AND MADAM CHAIR. YES SIR. I WOULD LIKE TO CONVEY TO THE APPLICANT THAT IF HE CAN COUNT AS VOTES RIGHT NOW, I THINK HE WOULD PROBABLY BE IN A BEST INTEREST. GO AHEAD AND EXPLAIN WHAT HE'S GOT TO SAY AND EXPLAIN TO US WHAT HE MIGHT BE IN HIS BEST INTEREST TO USE THIS AS A CAN. ALL RIGHT POINT WELL TAKEN. I DON'T KNOW. I DON'T THINK YOU WANT TO EXPLAIN THIS PAGE, MAN. I DON'T THINK YOU WANT TO EXPLAIN THIS PAGE. I THINK YOU WANT TO GO WITH A POSTPONEMENT. THANK YOU FOR VERY WELL. TAKE YOUR TIME AND WE WILL TAKE THE POST COMMENT. THANK YOU VERY MUCH. THANKS. SHE'S A VERY SMART LADY. UM, I JUST WANT TO CLARIFY, UH, BECAUSE MELISSA YOU WERE SAYING TO MAYBE ADD SOME SQUARE FOOTAGE AND THE OTHER LOT, BUT, UM, I FELT I WAS OWNED BY SOMEBODY ELSE IN THE FAMILY. IS THAT RIGHT? A QUESTION FOR THE APPLICANT. YES. BUT BOTH APPLICANTS ARE ON THE LINE? YES. SO THE LOT, UM, THE LOT PETE, IS THAT YOUR PROPERTY AS WELL? UH, YES. BOTH A LOT. 71 AND 73 ARE, ARE BOTH OURS? YES. OH, OKAY. OKAY. I THOUGHT I REMEMBER DIFFERENTLY FROM LAST TIME. THANK YOU. ALRIGHT, SO WE HAVE A MOTION TO POSTPONE BY MICHAEL AND TO THAT, UH, MOTION AND A SECOND. I'LL SECOND. SO THE CHAIR, I THINK THAT, I THINK THAT JESSICA'S MOTION WAS ACTUALLY A SUBSTITUTE MOTION FOR MICHAEL'S MOTION. WHICH MICHAEL THEN SECONDED. OKAY. ONE OR THE OTHER. ELAINE, YOU GOT TO COVER IT. YEAH, I HAD ACTUALLY GOTTEN MICHAEL BY NOLAN WITH ADJUSTED AS A SECOND. OKAY. I THINK THAT EVERYBODY IS KIND OF IN AGREEMENT THERE AND WE HAVE A DIRECTION BUT YOU MAY, YOU SHOW ME YOUR ROLAND, YOU CRACKED ME UP AND THEN WILLIAM OVER THERE WITH HIS CHECKMARK. I ACTUALLY HAVE TO DO THIS. OKAY, EVERYBODY OKAY NOW DID WELL DONE. MELISSA. MELISSA, WHAT ARE THE, WHAT ARE, WHAT ARE THE QUESTIONS FOR THE APPLICANTS? LIKE WHAT ARE THEY SUPPOSED TO BRING BACK TO THE NEXT MEETING? I THOUGHT EVERYBODY KIND OF HAD THEIR WORDS DURING THE, AND I'M ASSUMING THIS IS RECORDED. I NEVER, I JUST, EVERYBODY WAS JUST, I THOUGHT COMMENTING [03:40:01] SO I KNOW FIRST I KNOW FOR SURE IT WAS COMING BACK TO US WITH THAT. IF ANOTHER STRUCTURE, THAT SECONDARY STRUCTURE IS THERE, IT BEING WITHIN THE 30% IMPERVIOUS COVER THAT SOUNDED LIKE THAT MIGHT MAKE PEOPLE LEAN THE DIFFERENT WAY THAN THEY WERE LEANING. I DON'T, I DON'T KNOW THAT THERE WAS ANY PARTICULAR ASK OF ANY PARTICULAR BOARD MEMBER WHEN I THINK, I THINK THAT WHAT PEOPLE WERE SAYING WERE IT WAS THAT IF THEY WOULD RECONFIGURE THIS TO, TO ACTUALLY CONSTRUCT SOMETHING ON THE, ON THE LOT THAT IS AWAY FROM THE WATER RATHER THAN TRYING TO GET A VARIANCE TO CONSTRUCT SOMETHING WITHIN THIS ZONE THAT WE MIGHT BE WILLING TO LOOK AT AN IMPERVIOUS COVER, A LIMITATION VARIANCE TO ALLOW MORE CONSTRUCTION ON THE LOT THAT'S OUT OF THIS ZONE, I THINK. IS THAT WHAT PEOPLE ARE SAYING? ALL RIGHT. WELL OUR FEARLESS LEADER, DON LAYTON BURWELL LEFT ME WITH IT AND I WISH HE'D COME BACK. NOW I'M BACK. HMM. THANK YOU. ALRIGHT. OKAY. OKAY. UM, SO, UH, JUST WRAP IT UP HERE AND AGAIN, WE GOT A 10 O'CLOCK, UH, HARD, HARD CLOSE. SO, UM, [Item S1] NEW BUSINESS, UH, WE HAVE, UH, THE ACTIVITY REPORT ANY, AND THIS IS AGAIN FROM MARCH SINCE WE MISSED THE APRIL MEETING OR CANCELED THAT. ANY, ANY DISCUSSION ON THAT? OKAY. IT'S BEAUTIFUL. UM, UH, [Item S2] THERE HASN'T BEEN ANY MORE WORK, UH, ON THAT. UH, BUT WE HAD, UH, FORWARDED OUR, THE SDC NEW LDC WORK GROUPS REPORT TO EVERYONE TO REVIEW. SO, UM, IF ANYBODY WANTS TO PROBABLY DEFER THAT TIL NEXT TIME. UH, AND, AND OF COURSE, AT THIS POINT, I THINK EFFORTS ON THE NEW LDC HAVE BEEN SIDETRACKED BY KOCH. 19. UH, SAME WITH, [Item S3] UH, S3 WE POSTPONED OUR WORKSHOP TRAINING FROM LAST MONTH. I ASSUME THAT WE WILL TO POSTPONE THAT. IS THAT SAFE TO SAY LINK? WELL, I DON'T WANT TO SAY POSTPONED BECAUSE ONCE WE ARE ABLE TO GO BACK TO THE OFFICE, I'M GOING TO HAVE TO GET BACK WITH LEE SO WE CAN FIGURE OUT WHEN THOSE, UM, REVIEWERS WILL BE AVAILABLE FOR PRESENTATIONS. RIGHT. AND THAT MAY BE A WHILE BEFORE WE CAN ALL BE IN THE SAME ROOM TOGETHER, SO EXACTLY. OKAY. UH, S YEAH. UM, I THINK WE DO THOUGH, HAVE A DEADLINE TO SUBMIT A BUDGET REQUEST, IS THAT CORRECT? THAT'S CORRECT. AND WE MAY HAVE ALREADY, IT WAS IN MAY AND WE'RE ALREADY HALFWAY THROUGH MAY. UH, SO WE MAY HAVE MISSED, UH, THAT IN TERMS OF ACTUALLY ASKING FOR, UM, FOR MONIES FOR ANYTHING. BUT I DON'T THINK THAT ANYTHING THAT WE'VE DONE IN THE PAST OTHER THAN ASKING FOR OUTSIDE COUNSEL, WHICH WE WERE DENIED, UM, ACTUALLY REQUIRES NECESSARILY EXTRA MONIES, BUT PROBABLY DEFER TO ELAINE ON THAT. YES. THEY WON'T BE FEEDING US FOR ANOTHER YEAR. UM, YEAH, I'M NOT SURE ON THAT. I'D HAVE TO CHECK. OKAY. UH, YASMIN YOU HAD YOUR HAND UP AND THIS MIGHT BE A QUESTION FOR LEGAL, BUT I WAS, I WAS WONDERING IF WE WERE TO ASK FOR MONEY WHAT OUR PURVIEW COULD BE WITH THAT MONEY, LIKE WHAT COULD IT GO TO BECAUSE I WOULD BE REALLY INTERESTED IN, I DON'T KNOW THE RAMIFICATIONS OF THIS, BUT IF WE WERE ALLOWED TO GET OUT OF MONEY BY WHICH APPLICANTS THAT ARE UNDER MFI HAD REACHED INTO THE FAR AS LIKE WAIVING SOME OF THE FEES, UM, THAT W THAT WOULD BE SOMETHING I'D THINK WOULD BE REALLY HELPFUL IF WE ARE GOING TO ASK FOR MONEY. I DON'T THINK IT, I MEAN, YEAH, I'D LIKE TO EAT AND EVERYTHING, BUT LIKE IF WE'RE TALKING ABOUT MONEY EXCHANGING HANDS, LIKE I'D REALLY LIKE TO MAKE SURE THAT THE APPLICANTS IN FRONT OF US ARE FROM A DIVERSE SOCIOECONOMIC STATUS STANDPOINT. YEAH. COMMISSIONER LISA. YEAH, I JUST LIKE A LITTLE FLAVOR, YOU KNOW, I'M FINE WITH IT. I JUST WANT, YOU KNOW, SOME JEWISH, SOME OTHER STUFF. NO, I, I'M, I'M HAPPY TO LOOK INTO THAT ISSUE. I DON'T KNOW OFF THE TOP OF MY HEAD, BUT I WOULD BE HAPPY TO TALK WITH MY COLLEAGUES AND STAFF AND, [03:45:01] UM, UH, GET AN ANSWER TO YOU, UH, QUICKLY. ALRIGHT, WELL THANK YOU. THANK YOU. OKAY. ANY MORE DISCUSSION ON THAT ONE? ALRIGHT. UM, AS FOR, [Item S4] UH, I WANNA, UM, JUST UH, GET BACK WITH THE WORK GROUP ON THAT AND THAT WAS, UM, UH, JESSICA AND BROOKE AND MYSELF. UH, WE ACTUALLY HAD PULLED TOGETHER A SYNOPSIS OF WHAT WE THOUGHT WE WANTED TO PUT FORWARD TO THE GROUP. SO, UH, IN BETWEEN NOW AND NEXT TIME, I WILL GET BACK WITH YOU GUYS TO BE SURE THAT THAT'S WHAT WE WANT TO PUT FORWARD TO THE WHOLE BOARD. CAUSE I DON'T THINK WE'VE DONE THAT YET. OKAY. YEAH, THAT WORKS. OKAY. ALRIGHT. I'LL JUST GIVE MYSELF A LITTLE TO DO LIST HERE. AND THEN, UM, THE UH, UH, [Item S5] UH, UH, AND HAS THERE BEEN ANY EFFORTS ON THE WORK GROUP THEN? THIS IS THE TRANSPORTATION AND CODE REQUIREMENTS CRITERIA. I THOUGHT LAST TIME WE SAID THAT WE WERE GOING TO TABLE THAT, THAT IT DIDN'T REALLY MAKE SENSE TO BE IDENTIFYING THIS RIGHT NOW SEPARATELY FROM THE WORK GROUP. OKAY. SO WE'LL JUST TABLE THAT UNTIL IT MAKES SENSE TO DO SOME STUFF ON THAT. ALRIGHT. VERY GOOD. UM, AND UH, UH, [Item S6] IS, UM, THE DISC DISCUSSION AND POSSIBLE ACTION ON ALTERNATIVE MEETING DATES AND LOCATIONS. SO I HAD APPROACHED, UH, THE CITY MANAGER ABOUT THIS AND, AND THE FEEDBACK INITIALLY, AND I MAY HAVE SAID THIS IN MARCH, SO FORGIVE ME IF I'M BEING REDUNDANT. UH, BUT THE FEEDBACK WAS THAT, UM, WHEN THE, THE REMOTE LOCATION AT ACC HIGHLAND OPENS UP THAT WE MAY HAVE MORE OPTIONS. AND I WROTE BACK AND I SAID, MAYBE YOU DIDN'T UNDERSTAND THAT WE DON'T, WE WANT TO MEET AT CITY HALL. IT'S CENTRAL. IT HAS, UH, UM, YOU KNOW, THE, UH, UH, ACCOMMODATIONS THAT WE WANT. WE JUST, IF OTHER GROUPS ARE MOVING UP TO HIGHLAND, THAT IT MAY FREE UP CITY HALL FOR US TO MAYBE LOOK AT AN ALTERNATE NIGHT OR, UH, AN ALTERNATE DATE. SO, UM, ANYWAY, UM, I TRIED TO MAKE IT CLEAR THAT WE WEREN'T ASKING TO MOVE TO HIGHLANDS, UH, AND THAT EVEN THOUGH THEY MAY THINK THAT WE THOUGHT WE WERE GOING TO DO THAT, BUT THAT'S PROBABLY NOT, MMM. PROBABLY NOT OUR, UM, OKAY. OUR, OUR FIRST, FIRST CHOICE. SO. MMM. AND THEN ANNOUNCEMENTS. [Item S7] ANY ANNOUNCEMENTS. OKAY. AGAIN, I'D LIKE TO THANK ELAINE AND, AND DIANA FOR, UH, DOING A LOT OF STUFF BEHIND THE SCENES, UH, UH, TO, UM, MAKE ALL OF THIS STUFF HAPPEN. I, AGAIN, I KNOW ELAINE WAS WORKING THIS WEEK AND I'M SURE DIANA WAS BURNING THE MIDNIGHT OIL AS WELL. TO PULL THIS OFF. AND THEN [Items S8 & T] RELATIVE TO, UM, FUTURE AGENDA ITEMS AS EIGHT STAFF REQUESTS, ET CETERA. UM, ONE IS AGAIN, THE POWERPOINT STUFF THAT THEY WERE DOING TONIGHT. I THINK THEY SHOULD BE ABLE TO ORIENT, UH, SOMEONE'S ACTUAL, YES, I WAS COMMUNICATING WITH DIANA DURING THAT BECAUSE I WANTED TO KNOW AND SHE SAID THE ONLY REASON WHY I WAS HAVING TO BE ORIENTED AS PORTRAIT WAS BECAUSE OF THE PRINTING COMPANY. BUT SHE SAID SHE DOESN'T THINK THAT WILL BE AN ISSUE IF WE'RE NOT GOING TO BE USING THE PRINTING COMPANY ANYMORE. WELL, AND THESE WORK, I'M NOT TALKING ABOUT THE PRINTED PACKET, I'M TALKING ABOUT THEIR ACTUAL PRESENTATIONS TONIGHT, UH, WHERE THEY SUBMITTED THE PRESENTATION IN, IN, RIGHT. LIKE, LIKE I SAID, SHE USUALLY, UM, COMPILES THEM AND SHE HAS TO DO IT THAT WAY FOR THE PRINTING COMPANY. SO SHE'S JUST, SO WE'RE JUST USED TO DOING IT THAT WAY. BUT YEAH, SHE DID MENTION THAT. WE'LL GET THE LAST ONE. IT'S IT, THERE'S A NUMBER OF THINGS IN THERE THAT ARE IN A, UM, A HORIZONTAL FORMAT. SO, BUT THE THING THAT I DID DIDN'T WANT TO BRING UP THAT THAT SHOWED UP ON TONIGHT'S AGENDA, UM, AND PROBABLY USED TO BE LOOKED AT IS, UM, THE UNIVERSITY OVERLAY SOMETHING. REGULATIONS ARE NOW BEING IMPORTED TO NORTH, UM, BURNET GATEWAY AREA. YOU'RE BEING PORTED TO EAST AUSTIN AND, AND, UH, AND, UH, APPLICANTS ARE STARTING TO SAY, WELL, YOU KNOW, THAT'S NOT APPLICABLE TO US BECAUSE IT WAS FOR THE UNIVERSITY, BUT APPARENTLY THE CITY COUNCIL IN NOVEMBER OF LAST YEAR, UM, STARTED, UH, PUTTING THESE, THE SIGN OF THAT, YOU KNOW, SIGN REGS ON [03:50:01] OTHER AREAS OF TOWN. SO I'D LIKE TO GET SOME CLARITY MAYBE FROM STAFF, UM, UM, THAT WAS INVOLVED IN THAT AND MAYBE THEY CAN MAKE A QUICK PRESENTATION TO US NEXT TIME ABOUT WHAT WAS COUNSEL'S INTENT, WHAT DID THEY ACTUALLY DO AND WHAT ARE THEY STILL CALLING IT UNIVERSITY OVERLAY, IF IT'S, YOU KNOW, NORTH OF ONE 83, UH, YOU KNOW, UH, BURNET ROAD. UM, IT WOULD, IT MIGHT BE CLEARER IF THEY SAID WE'RE USING THE SAME STANDARDS FOR ALL OF THE SIGNS IN THESE, THIS NEW AREA OR SOMETHING LIKE THAT. SO THERE WAS JUST SOME CONFUSION AND AGAIN, I THINK IT WAS SORT OF BE, UH, IF WE COULD GET SOME CLARITY ON WHAT COUNCIL DID, WHAT THEY INTENDED, UM, BECAUSE IT LOOKS LIKE, AGAIN, THEY'RE TRYING TO CHANGE SOME OF THE SIGN ORDINANCE, UM, ISSUES OR, OR, OR REGULATIONS. SO I'D JUST LIKE TO GET SOME CLARITY ON THAT FOR NEXT MONTH. MR. CHAIR? YES. ON THE ORIENTATION OF THE, UH, THE PACKETS. I FALLEN ON MY IPAD, I'M ABLE TO ROTATE THEM AND SAME THING WITH MY COMPUTER. I'M ABLE TO ROTATE THEM. BUT WHEN WE GOT IN TODAY, EXCUSE ME, IF I MAY, WHEN WE GOT IN TODAY AND IT GOT ON THIS SCREEN AND ON THE WEBEX, I WAS UNABLE TO ROTATE THEM. AND SO I, THAT WAS SOME OF THE FRUSTRATION, I THINK. UH, IT'S NOT REALLY THE PACKET THAT MUCH IS, IT'S, I GUESS MAYBE, I DON'T KNOW ELENA, MAYBE IT'S HOW IT'S GOES INTO THIS PROGRAM FOR THE WEBEX OR I COULDN'T ROTATE ANYTHING ON THIS SCREEN. YEAH. WELL, AND THAT'S BECAUSE THE STAFF WAS DOING IT WAS DOING A POWERPOINT PRESENTATION AND THEY SHOULD BE ABLE TO SHOW IT JUST THE WAY THEY GOT IT. OKAY. AND ON ANOTHER COMMENT IS, THIS HAS BEEN A UNIQUE NIGHT TONIGHT BECAUSE THE FACT THAT THE APPLICANTS WERE ABLE TO PROVIDE US EARLY ON THIS INFORMATION THAT WE NEEDED, THAT NORMALLY WE WALK INTO A MEETING AND IT'S PLOPPED ON OUR, ON OUR, ON THE DAYAS. SO I THINK THIS DOES GO TO SHOW, THE POSITIVE TAKEAWAY FROM THIS IS THAT THE APPLICANTS ARE ABLE TO PROVIDE US THIS INFORMATION IN A TIMELY MANNER SO THAT WE CAN EVALUATE IT INSTEAD OF WAITING TILL THE LAST MINUTE. AND IF YOU CAN'T DAZZLE THEM WITH BILLY, IT'S YOUR BATHROOM WITH BS. YOU KNOW WHAT I MEAN? THAT TYPE. THAT'S HOW I'VE FELT FOR YEARS. AND I'VE NEVER HAD THE OPPORTUNITY TO SAY IT, BUT TONIGHT WAS PROVED TO ME THAT WE DO HAVE THE ABILITY TO GET THE APPROPRIATE INFORMATION OR TO MAKE AN EDUCATED DECISION AND IN A TIMELY MANNER. WELL, AND THAT WAS ALL DUE TO, UM, CTM NEEDING THAT INFORMATION AHEAD OF TIME. CORRECT. UM, TO UPLOAD FOR YOU GUYS FOR TONIGHT. SO THAT ACTUALLY HELPED US TO BE ABLE TO DOWNLOAD IT IN A TIMELY MANNER AND PUT IT ON THE BCIC. UM, AND I AGREE. I THOUGHT IT WAS AWESOME. YOU KNOW, I GAVE THEM A HARDCORE DEADLINE THAT WAS, IT'S CRAZY LANE AND LIKE FORREST GUMP SAYS, THAT'S ALL I GOT TO SAY ABOUT THAT. WELL, I ALSO, I ALSO HAVE TO SAY I'M PROUD OF YOU AND MELISSA FOR DOING THIS ONLINE. YEAH. YEAH. YOU DON'T KNOW THE ANXIETY. I CAN SEE IT IN YOUR PAIN. SO I, I'VE BEEN OF THE MIND MUCH. I REALLY DON'T KNOW. I'VE BEEN OF THE MIND THAT WE SHOULD HAVE EARLIER DEADLINES ANYWAY, AND THAT THE NOTION THAT THAT ELAINE, YOU ARE OR DIANA WOULD HAVE TO WORK ON A WEEKEND, UH, TO PREP THIS. I THINK IT SHOULD BE LAST FRIDAY SO THAT YOU DIDN'T HAVE TO ACTUALLY DO THE STUFF THAT YOU DID YESTERDAY, UM, ON A WEEKEND WHEN YOU SHOULD BE SPENDING TIME WITH YOUR FAMILY. THAT, THAT'S MY BELIEF. SO ANYWAY, WITH THAT, I'M GOING TO, UH, UNLESS THERE'S ANYTHING ELSE FROM ANYONE, RAISE YOUR HAND. A LOT OF TIME. NO, NO, NO. OKAY. UH, I'M A JOURNEY, UH, OUR MEETING OF AT, UH, NINE 31, WE STILL HAVE 29 MINUTES AGO. EVERYBODY PLEASE BE SAFE, SOCIAL DISTANCE WHERE YOUR MASKS AND UH, WE'LL SEE YOU IN A MONTH. DO, I'LL KEEP YOU DOWN. STAY SAFE AND HEALTHY. . * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.