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[00:00:04]

THANK YOU.

UM, THE DATE IS, UH, MONDAY, JUNE 8TH.

IT IS 5:39 PM.

AND WE WERE CALLING THE BOARD OF ADJUSTMENT, UH, TO ORDER, UH, THERE'S A QUORUM PRESENT.

UH, IF WE CAN DO THE ROLL CALL AND WHAT I'D LIKE TO DO THIS TIME ON THE ROLL CALL INSTEAD OF DOING THE GREEN AND RED IS TO ACTUALLY JUST UNMUTE AND SAY HERE.

OKAY.

SO THE ROLE IS BROOKE.

BAGELY JESSICA COHEN HERE OUT OF CORRAL, WILLIAM HODGE HERE, DON LAKE BURWELL HERE.

MCDANIEL.

CAN'T HEAR YOU DARYL I'M OKAY.

I CAN HEAR YOU NOW.

OKAY.

HERE.

ALL RIGHT.

THANK YOU.

JUST NEED TO SPEAK UP VERONICA RIVERA, VERONICA.

ALRIGHT, THANK YOU.

UH, YASMIN'S SMITH.

YES MA'AM.

CAN YOU HEAR US? HELLO? YES MA'AM.

CAN YOU HEAR US YES, MA'AM OKAY.

I DON'T THINK SHE CAN HEAR US, LIKE ABOUT AN OLIN THERE.

ALRIGHT.

AND KELLY BLOOM? YES.

ALL RIGHT, THANK YOU.

YES MA'AM.

CAN YOU HEAR US YET? HI, SIMPLE WAS ON I'M SORRY.

HELLO? SYMBOLISM.

YES, I'M TEXTING HER RIGHT NOW.

I DON'T THINK SHE CAN HEAR US.

OKAY.

ALRIGHT.

UH, IF SHE IS, I WILL CALL HER AS BEING HERE.

SHE DOESN'T APPEAR TO BE ABLE TO HEAR US FOR SPEAK WITH US AT THIS POINT.

UM, ALL RIGHT.

UH, SO, UH, WE'RE BASICALLY GOING TO DO A SIMILAR, UM, A SET UP THAT WE DID LAST TIME.

UH, WE'RE DOING THE ONLINE, UM, REVIEW OF THE CASES, UM, THE, UH, MMM.

I GUESS WE'RE NOT DOING THE, OH, IS THAT CORRECT, ELENA AGAIN? WE DIDN'T DO IT LAST MONTH, RIGHT? I DON'T THINK SO.

DON'T BELIEVE SO.

OKAY.

WELL, JUST TO THE ANYONE, UH, WHO IS AN APPLICANT OR IN OPPOSITION SUPPORT, OR OTHERWISE IT WILL BE SPEAKING AS TONIGHT, YOU'RE UNDER OATH TO GIVE US A, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH.

SO PLEASE ANSWER, UH, TRUTHFULLY, UM, AS WE HAVE QUESTIONS MMM.

TONIGHT, AS YOU CAN SEE, UH, WE ARE MISSING, UH, MELISSA.

SHE HAD A DEATH IN HER FAMILY, SO, UH, KELLY BLOOM HAS BEEN KIND ENOUGH TO FILL IN FOR US.

AND THEN I WILL BE ABSTAINING FROM ONE OF THE CASES LATER, UM, THE, UH, CASE, UH, P TOO.

UM, SO I WILL TURN OFF MY, UH, VIDEO AND AUDIO AT THAT POINT.

UH, AND THEN WILLIAM, UH, WILL BE, UH, RECUSING, RIGHT? NOT ABSTAINING.

WILLIAM, ARE YOU THERE? UM, ANYWAY, BUT THOSE ARE GOING TO BE ON ITEMS. I'LL BE, I WILL BE STAYING RECUSING OR ABSTAINING, ABSTAINING.

OKAY.

ABSTAINING FROM, UH, ITEMS. UM, HE THREE AND P FOUR.

SO AGAIN, JUST ASK THAT YOU TURN OFF YOUR VIDEO.

OKAY.

IN THAT, WHEN WE GET TO THOSE AGENDA, I HAD A QUESTION ON THE FIRST ONE.

I WANTED TO KNOW IF THAT WAS IN CONNECTION WITH, UH, I'M SORRY.

[00:05:01]

THE ONE, IF THAT WAS IN CONNECTION WITH A PROJECT CONNECT, NOT TO THE BEST OF MY KNOWLEDGE, BUT, UM, MAYBE STAFF CAN ADDRESS THAT, UH, LA WELL, IT'S NOT, I GUESS , I'M SORRY, I DIDN'T HEAR YOU.

YOU ASKED ME, WHAT DID YOU SAY ABOUT P A D ONE? OKAY.

UH, WHAT, WHAT SHE HAD ASKED ABOUT THERE WAS WHETHER OR NOT IT HAD, UH, WAS, UH, HAD SOMETHING TO DO WITH PROJECT CONNECT.

I BELIEVE THAT, UM, UH, CAPITAL METRO IS BRINGING THAT FORWARD, BUT I DON'T BELIEVE THAT IT HAS ANYTHING TO DO SPECIFICALLY WITH PROJECT CONNECT.

I'M NOT SURE.

OKAY.

YEAH.

ALRIGHT.

UM, AND, UM, ALSO, UH, WE HAVE, UH, MARTHA GONZALES HERE AND SHE DOES I'LL HAVE TO RECUSE MYSELF.

OKAY.

UH, PERHAPS WE ASKED THE APPLICANT WHEN THEY ARE GETTING READY TO MAKE THEIR PRESENTATION.

UM, AND THEN WE HAVE FIDELIS FILLING IN, OR MYSELF AND WILLIAM ON THE THREE CASES THAT I, UH, HE AND I WILL BE ABSTAINING FROM.

UM, SO AGAIN, I APPRECIATE YOU GUYS DOING THIS TONIGHT.

UM, ALSO WE HAVE A, UM, WELL, LET'S MOVE ON TO,

[Item A1]

UM, THE DRAFT MINUTES.

THIS IS APPROVAL OF THE MINUTES FROM MAY 11TH, 2020.

IS THERE A MOTION TO APPROVE THE MINUTES FROM NOW? 2020? OKAY.

SO WE HAVE A MOTION BY BROOKE BAILEY.

IS THERE A SECOND? SECOND? OKAY.

THAT'S A SECOND BY CAROLL.

THANK YOU.

UM, SO, UH, LET'S UM, DO THE ROLL ON THAT AND WE CAN, I THINK WE CAN, YES, DEREK, I HAD A QUESTION, THERE WERE A COUPLE OF, UH, PROVISIONS WHERE THERE WERE ABSTENTIONS THAT LOOKED LIKE THEY WERE COUNTED AS NEGATIVE VOTES INSTEAD OF BEING LIKE NINE ONE.

I THINK THE VOTE SHOULD BE REFLECTED AS NINE ZERO WINE.

SO THE ABSTENTION IS SHOWN AS AN ABSTENTION AND NOT AS A NEGATIVE, BUT DO YOU HAVE THE PARTICULAR CASE NUMBERS OR ID NUMBERS THAT THOSE WERE, YEAH.

HANG ON.

I CAN FIND THOSE REAL QUICK.

ALL RIGHT.

SO THE FIRST ONE WAS ON THE PULL UP THE MINUTES HERE.

OKAY.

UM, ON THE, UH, OKAY.

ON MIKE YVONNE OLIN ABSTAINED.

SO THE VOTE SHOULD NOT BE EIGHT ONE.

IT SHOULD BE EIGHT ZERO ONE FOR THE APPROVAL OF THE MARCH 9TH MINUTES.

OKAY.

AND THE TWO MELISSA HAWTHORNE HAD ABSTAINED RATHER THAN 10 WALLS.

THAT SHOULD BE REFLECTED AS 10 ZERO ONE.

OKAY.

WHAT, WHAT, WHAT WAS THAT A NUMBER YOU SAID ALSO ALSO ONE C, ONE C ONE.

OKAY.

I BELIEVE THAT'S ALL OF THEM.

OKAY.

UH, SO THERE'S ONE ON I TO I'LL RIGHT.

WHERE WE HAD AN ABSTENTION.

YES.

WELL, NO, I THOUGHT ALSO WAS WHERE WILLIAM HAD ABSTAINED ALSO.

WELL, BUT, BUT HE DIDN'T PARTICIPATE AT ALL.

THAT'S RIGHT.

THAT'S RIGHT.

THAT'S THAT'S PROBABLY OKAY THEN.

OKAY.

SO WE'RE APPROVING, UH, THE MAY 11TH, UM, MINUTES, UH, WITH THE CORRECTIONS ON, UH, A, A ONE C ONE AND C TWO.

IS THAT CORRECT? DARYL? YES.

THAT'S CORRECT.

OKAY.

THAT THEY WOULD BE REPRESENTED THE VOTES.

ANY ABSTENTIONS WOULD BE, UH, AFTER THE YEAS AND NAYS.

IS THAT CORRECT? THAT'S CORRECT.

OKAY.

ALRIGHT.

SO WITH THOSE CHANGES, ANY, ANY ADDITIONAL CHANGES THAT ANYONE WANTS TO KNOW? OKAY.

UH, SO LET'S CALL THE ROLL ON, UM, UH, DOING THIS AND WE'LL, WE'LL DO IT

[00:10:01]

WITH OUR RAIN AND RIVETED.

OH, I THOUGHT WE WEREN'T DOING THAT, SO I DIDN'T GET ONE.

OKAY.

YEAH.

I THINK WE'RE GOING TO CALL EVERYBODY'S NAME.

THAT'D BE EASY.

ALRIGHT.

SO, UM, LET ME GO AHEAD AND CALL THE ROLL ON THAT THEN.

UH, BROOKE BAILEY.

YES.

JESSICA COHEN.

YES.

OUT OF CAROLL.

YES.

WILLIAM HODGE.

YES.

SORRY.

I'M HAVING VIDEO ISSUES.

APOLOGIZE.

OKAY.

NOT A PROBLEM.

WE CAN HEAR YOU.

UH, DON LAYTON BURWELL.

YES.

UH, RON MCDANIEL.

YES.

ALRIGHT.

DARRYL PRUETT.

YES.

ALRIGHT.

VERONICA RIVERA.

I WASN'T PRESENT.

OKAY.

AND, AND JUST FOR FUTURE REFERENCE, YOU'RE NOT REQUIRED TO ABSTAIN IF YOU'RE NOT THERE.

UH, THE CITY CLERK'S OFFICES TOLD US THAT.

ALRIGHT.

UH, ONE ABSTENTION ON, UH, VERONICA, UH, YASMEEN SMITH DOESN'T LOOK LIKE SHE IS ONLINE ANYMORE.

UM, MICHAEL VON OLIN, JASMINE SMITH.

OKAY.

THANK YOU.

LET'S ASK YOU YES.

FOR YASMIN SMITH.

UH, MICHAEL ENOLA.

YES.

AND I MUST ADMIT, I'M DISAPPOINTED.

I'M GOING TO MISS MR. PICKLE AND TOMATO OVER THERE FROM KELLY, BUT MADE FOR A LITTLE AMUSEMENT ON OUR MEETINGS.

ALL RIGHT.

AND KELLY BLOOM.

YES.

.

I DIDN'T HEAR YOU, KELLY.

YES.

OKAY.

YOU'LL NEED TO SPEAK UP.

YES.

YES.

SO, UM, THE, UH, MINUTES PASSED, UM, AS, UH, WITH THOSE CORRECTIONS.

SO CHAIR, BEFORE WE GET, UM, IF YOU'RE GOING TO MOTION, PLEASE CALL OUT YOUR NAME.

SO IT'LL BE EASIER FOR ME TO RECORD THIS, PLEASE.

THANK YOU.

YES.

YES.

THANK YOU FOR THAT.

UM, BECAUSE THIS IS LOGISTICALLY MUCH HARDER AND, UH, AND IT'S HARD ENOUGH AS IT IS.

OKAY.

[Item B2]

AND THEN THE, UH, NEXT ITEM WILL BE, UH, REQUESTS FOR PRO POSTPONEMENT OR WITHDRAWAL.

AND IT IS MY UNDERSTANDING THAT, UH, P ONE HAS BEEN REQUESTED TO BE WITHDRAWN.

NO, NO, NO, NO, NO.

HE WAS REQUESTING A POSTPONEMENT.

I'M SORRY.

A POSTPONEMENT.

YES, MY 13TH.

AND THE APPLICANT'S AVAILABLE TO SPEAK.

UM, I COULD KEEP TALKING IF YOU NEED TO SPEAK WITH HIM.

HE'S AVAILABLE.

OKAY.

I MEAN, WE VERY WELL MAY, WERE THERE ANY OTHER REQUESTS FOR POSTPONEMENT OR NO, THAT WAS THE ONLY ONE.

OKAY.

ALL RIGHT.

SO, UM, IT'S THE BOARD'S PREROGATIVE YOU WANT TO HEAR FROM THE, UM, UH, APPLICANT ON, ON, OH, OKAY.

HE WON THE REQUEST FOR WITHDRAWAL A BOOK.

YES.

THIS IS BROOKE.

I WOULD LIKE TO HEAR, BECAUSE I DON'T, I'M HAVING TROUBLE EVEN APPROVING ANOTHER POSTPONEMENT ON THIS CASE.

IT'S BEEN GOING ON FOR SO LONG.

UH, LAST, LAST MONTH.

YEAH.

Y'ALL DID ASK FOR THINGS.

Y'ALL TOLD HIM THAT IF HE NEEDED, UM, TO REQUEST ANY OTHER ADDITIONAL VARIANCES, THIS WAS A TRIAL LOOKING AT IT.

SO THAT'S, BUT I DON'T SEE ANY OTHER VARIANTS BEING REQUESTED WELL, AND THAT HE'S REQUESTING A POSTPONEMENT BECAUSE HE DIDN'T HAVE TIME TO ADD IT TO THIS AGENDA FOR THE JUNE MEETING.

OKAY.

SO LET'S GO AHEAD AND HEAR FROM THE APPLICANT ON A ITEM P ONE.

[Item P1]

THIS IS, UH, YEAH.

UH, WELL, WE'LL OPEN THE PUBLIC HERE.

LET ME DO THAT HERE.

FIRST.

THIS IS, UH, HOLD ON JUST A MINUTE.

THIS IS ITEM 15 DASH 2019 DASH ZERO ZERO SIX THREE.

THIS IS STEVEN H REISEN AT 1507 FAIRFIELD DRIVE, REQUESTING A POSTPONEMENT, UM, ON A DECREASE OF THE REAR SETBACK REQUIREMENT FROM 10 FEET REQUIRED TO ZERO FEET REQUESTED TO MAINTAIN AN EXISTING SHED IN SF THREE 30.

SO IF WE CAN HEAR FROM THE APPLICANT ON THAT.

YES.

HI BOARD MEMBERS.

THIS IS MIKE WITH HUSH BLACKWELL ON BEHALF OF STEVE REZONE.

AND, UM, I, UH, UNDERSTAND THE FRUSTRATION I HEARD, UM, FROM MS. DAILY ABOUT, ABOUT THE POSTPONEMENT.

UM, ALTHOUGH WE ARE TRYING TO ADDRESS EVERYTHING THAT CAME UP IN THE LAST MEETING WE'VE BEEN WORKING DILIGENTLY ON, NOT, UM, JUST AS A RECAP, I PROBABLY DON'T NEED TO DO THIS, BUT Y'ALL, UM, THERE WERE QUESTIONS ABOUT, UM, WANTING TO SEE AN AS BUILT SURVEY

[00:15:01]

AND IMPERVIOUS COVER CALCULATIONS, WANTING TO KNOW ABOUT THE PERMIT STATUS OF THE POOL.

UM, ANY ADDITIONAL VARIANCES THAT MIGHT BE REQUIRED.

AND, UH, WE ORDERED A SURVEY, UM, AND IT TOOK LONGER THAN, UM, PROBABLY I WANTED IT TO, BUT, UM, UH, WE GOT THAT, WE GOT THE IMPERVIOUS COVER CALCULATIONS AND DETERMINED THAT WE'RE GOING TO NEED TO AMEND THE VARIANCE REQUEST AND SUBMIT THE AMENDED APPLICATION.

AND SO, UM, JUST DID NOT HAVE TIME TO GET THAT IN IMMEDIATELY, ESPECIALLY WITH WAITING ON THE SURVEY.

AND THEN WE'RE ALSO WORKING ON ALTERNATIVE SOLUTIONS TO TRY TO MAKE SURE THAT WE ONLY ASK FOR THE BARE MINIMUM VARIANCE AS POSSIBLE TO TRY TO COME INTO COMPLIANCE AS MUCH AS WE POSSIBLY CAN AND STILL PRESERVE THE STRUCTURE.

OKAY.

QUESTIONS ABOUT THE, UH, A CLEARANCE AREA.

SORRY, I DIDN'T MEAN TO INTERRUPT.

NO, NO, NO, THAT'S FINE.

I JUST WANTED TO BE SURE THAT YOU WERE COMPLETE.

YES.

THANK YOU.

OKAY.

VERY GOOD.

ARE THERE ANY QUESTIONS OF THE APPLICANT ON THIS BEFORE WE MOVE FORWARD WITH THE VOTE? OKAY.

SEEING NONE.

IS THERE A MOTION? WELL, I JUST HAVE ONE QUESTION FOR YOU, DON.

WILL THIS NEED TO BE RE NOTIFIED? YES.

IF THEY'RE AMENDING THE VARIANCE.

YES.

IT WILL BE NOTIFIED.

YES, ABSOLUTELY.

IT'S GOING TO HAVE TO BE NOTIFIED.

THEY'RE ADDING ADDITIONAL PERIODS.

OKAY.

THANK YOU, MR. CHAIR, I'LL MAKE A MOTION TO RESPOND BETTER TO GIVE THE APPLICANT AN OPPORTUNITY TO MAKE SURE HE'S GOT IT ALL DONE.

WHEN WE LOOKED AT, AND WHEN I LOOKED AT THE PACKAGE AND I GUESS IN DARRYL AS WELL, WE NOTICED SOME THINGS THAT WERE A LITTLE QUESTIONABLE, SO I WOULD PREFER THEM TO COME BACK WITH A FULL PACKAGE RATHER THAN TRY TO PIECEMEAL IT.

SO I'LL MAKE THAT MOTION TO RESPOND.

OKAY.

WE'RE GOOD FOR A SECOND, JESSICA.

THERE'S A SECOND, JESSICA.

RIGHT? ALRIGHT.

UH, IN, UH, IN THE LANE, UM, GIVEN, UH, THE RE NOTIFICATION AND EVERYTHING, CAN THIS HAPPEN NEXT MONTH? SO I BELIEVE IT CAN, UM, HE HAS, THEY HAVE BEEN WORKING REALLY HARD.

I MEAN, I SPENT HOURS WITH MIKE ON THE PHONE TRYING TO FIGURE OUT SOLUTIONS.

UM, AND THEY, THEY REALLY ARE, THAT HOMEOWNER IS REALLY DOING WHAT HE CAN.

SO, YEAH, THE LAST I TALKED TO MICHAEL LAST WEEK, UM, I THINK THEY'RE PREPARED TO SUBMIT AN UPDATED APPLICATION FOR JULY MEETING.

OKAY.

VERY GOOD.

MR. CHAIR.

YES.

UH, JUST IN CASE THEY CAN'T, I MEAN, IF THEY HAVE ANY QUESTION, UH, IT WOULD BE PREFERABLE IF THEY PUT IT OFF TO THE FOLLOWING WALL BECAUSE YOU'RE NOT COMING BACK NEXT MONTH AND THEN REQUESTING ANOTHER POSTPONEMENT.

AND I KNOW THE CIRCUMSTANCES ARE, ARE UNUSUAL WITH THE COVID AND EVERYTHING GOING ON, BUT, UH, I THINK IT WOULD PROBABLY BE BETTER FOR THEM THAT IF THEY DO HAVE ANY QUESTION, ONE IOTA OF DOUBT, THEN DON'T POST IT UNTIL THE NEXT ONE.

JUST LET'S JUST PUT IT OUT THERE AND GO THROUGH THIS AGAIN.

OKAY.

TO THE AUGUST 10TH MEETING, IT WOULD BE TOO , BUT YES.

AND THAT WOULD, UH, VERY GRATEFUL FOR THAT, UM, THAT WILL REALLY GIVE US TIME TO, TO GET YOU THE BEST INFORMATION WE CAN.

SO I APPRECIATE THAT.

OKAY.

AND JESSICA, ARE YOU OKAY WITH THAT? UH, AS A, ON YOUR SECOND? ABSOLUTELY.

OKAY.

ALRIGHT.

THANK YOU.

ALRIGHT, SO LET'S CALL THE ROLL.

THIS IS TO POSTPONE ITEM P ONE WHILE THEY REWORK THE APPLICATION UNTIL THE AUGUST MEETING.

UM, AND, UM, BASICALLY I'M GOING TO SAY YES, BUT I WILL SAY THAT WE ASKED FOR THIS AND PREVIOUS SITE PLAN MONTHS AND MONTHS AGO.

AND SO JUST SO YOU KNOW, WE DIDN'T JUST ASK FOR IT THE FIRST TIME LAST MONTH, RIGHT.

WE'VE BEEN LOOKING AT THIS FOR AWHILE.

UH, ALRIGHT, JESSICA.

YES.

ALRIGHT.

UH, OTHER, YES.

ALRIGHT.

THANK YOU.

UH, AND MELISSA IS NOT WITH THIS, UH, WILLIAM.

YES.

ALRIGHT.

I, AND I WILL SAY YES.

WELL MCDANIEL.

ALL RIGHT.

YES.

ALL RIGHT.

THANK YOU.

UH, DARRYL? YES.

[00:20:01]

ALL RIGHT.

THANK YOU, VERONICA.

ALL RIGHT.

YOU ASKED ME YES.

OKAY.

UH, MICHAEL? YES.

ALL RIGHT.

AND KELLY BLOOM? YES.

ALRIGHT, THANK YOU.

ALRIGHT, THANK YOU ALL.

ALRIGHT, SO THAT HANDLES UP A CASE, UH, NOW ALL IN, UM, TYPICALLY WE WOULD MOVE TO OUR, UH, SO, UH, AND BY THE WAY, UM, LET ME JUST RETRO, ACTIVELY CLOSE THE PUBLIC HEARING ON THAT.

I WERE SO OUT OF MY ELEMENT HERE, BUT, UM, SO I APOLOGIZE FOR THAT.

ALRIGHT.

UM, SO WE HAVE, WAS, UH, SPOKEN TO US EARLIER ON .

[Item P2]

WE HAVE, UM, A CITY ARBORIST, UH, KEITH MARS AVAILABLE.

SO RATHER THAN KEEPING, UM, STAFF, UH, WAITING, UH, I'D LIKE TO TAKE THE PREROGATIVE TO MOVE FORWARD, I THINK.

UM, AND THEN WE'LL COME BACK TO THE, UM, PREVIOUS SIGNED POSTPONEMENTS, THE D ITEMS AFTER THAT IS, IS EVERYBODY AGREEABLE TO THAT? IS THERE ANY, LET ME ASK THIS, DOES ANYBODY HAVE AN ISSUE WITH THAT? OKAY.

ALL RIGHT.

AND SINCE I AM A ABSTAINING FROM THIS ITEM, I'M GOING TO TURN OFF MY VIDEO AND AUDIO NOW.

AND, UM, MICHAEL, UH, SINCE MELISSA IS NOT HERE, THE RANKING MEMBER, UH, WOULD YOU BE WILLING TO, UM, HANDLE THIS CASE? YES, SIR.

MR. CHAIR, I'LL DO THAT.

ALL RIGHT.

THANK YOU SO MUCH.

OKAY.

I GUESS LET'S READ INTO THE RECORD PLEASE.

OKAY.

IT'S ITEM P TO CASEY, 15 DASH 2020 DASH ZERO ZERO ONE ZERO 71, JULIA STREET.

UH, DANIEL, THE HOMEOWNER IS REQUESTING A VARIANCE FROM THE LAND DEVELOPMENT CODE.

OKAY.

AND DID WE HAVE DANIEL ONLINE? UH, YES, SIR.

I'M ON THE PHONE.

OKAY.

IF YOU WOULD LIKE TO DO YOUR PRESENTATION.

THANKS.

OKAY.

IT SOUNDS LIKE YOU CAN HEAR ME AND YOU CAN SEE THE CHARTS.

LET ME KNOW WHEN THE CHARTS ARE AVAILABLE.

I CAN'T, UH, I CAN'T TELL WHAT YOU'RE ABLE TO SEE.

YOU ARE GOOD TO GO.

ALL RIGHT.

THANK YOU.

UH, SO THIS IS A COMEBACK ON THE WATERFRONT OVERLAY REQUEST THAT WE SPOKE ABOUT THE LAST TIME.

IF YOU GO TO PAGE TWO, UH, THAT'S JUST THE RECAP OF THIS.

THE PICTURE AT THE TOP LEFT IS THE STRUCTURES THAT WERE THERE AT THE TIME OF PURCHASE.

UH, THERE WERE THREE OF THEM, UH, THAT HAD BEEN VACANT FOR, FOR QUITE A WHILE, UH, AND WHAT WE WERE PROPOSING TO BUILD HERE ON THE PICTURE, ON THE RIGHT WITH THE, WITH THE HOME AND THE OTHER GARAGE HOME.

SO PAGE THREE IS REALLY BRINGING UP A LITTLE BIT OF THE SPECIFICS ABOUT THE CASE THAT WE HAD NOT SPOKEN ABOUT PREVIOUSLY, AND MAYBE IT'S NOT IMPORTANT HERE, BUT WE THOUGHT IT WOULD BE IMPORTANT TO BRING SOME OF THIS INFORMATION FORWARD.

AND THEN WE HAD LOOKED AT THIS LOT SPECIFICALLY BECAUSE IT WAS LARGE ENOUGH TO BUILD BOTH OUR HOMES AND THE HOME FOR MY PARENTS.

UH, WE HAD SOLD OUR PRIMARY HOME, OUR PRIMARY HOME IN NORTH AUSTIN IN ORDER TO PURCHASE THE SLOT.

SO WE'VE GOT OUR CAPITAL LOCKED UP IN THIS, THIS LOT, AND WE'VE, WE'VE MOVED INTO AN APARTMENT, UH, AFTER WE PURCHASED IT, WE DID MOVE FORWARD.

WE BUILT THE PLANS.

WE HAVE THE ARCHITECTURE PLANS BUILT.

WE HAVE THE STRUCTURAL PLANS IN PLACE.

ALL THE WATER WASTEWATER IS IN PLACE.

SO EVERYTHING AT THIS POINT HAS BEEN PAID FOR READY TO GO AND HAS BEEN FOR MONTHS NOW.

SO IN 2019, WHEN WE'RE MOVING FORWARD AND GOING INTO THE REVIEW FOR THE BUILDING PERMITS, THAT'S WHEN WE GOT THE SURPRISE THAT THERE WAS A WATERFRONT OVERLAY, UH, THAT NONE OF US HAVE EVER HEARD OF, UH, INCLUDING OBVIOUSLY OUR, OUR BUILDER AND OUR ARCHITECT AND OUR NEIGHBORS.

UM, SO THIS WAS REALLY A COMPLETE SURPRISE TO US.

UH, JUSTICE EVEN EXISTED, UH, PAGE FOUR, IT WAS THE 35 INCH, UH, HERITAGE PECAN THAT'S CENTRAL TO THIS CASE.

THIS IS THE STREET VIEW.

THE OLD HOME WAS JUST TO THE RIGHT, THAT, THAT, UH, AND THAT SPOT WHERE ALL THE LEAVES ARE PAGE FIVE, UH, SHOWS THE ILLUSTRATION OF WHERE THAT SECONDARY

[00:25:01]

SETBACK CAUSE OF THE WATERFRONT OVERLAY IS.

AND, UH, THE LARGE TREE THAT 35 INCH PECAN IS THE ONE IN THE CENTER.

AND WHAT THIS CASE IS REALLY ABOUT, UH, TO US AT THIS POINT, WE DIDN'T THINK THAT IT NECESSARILY WAS ALL ABOUT THIS AT THE BEGINNING OF IT, THIS CASE IT'S REALLY ABOUT THIS CONFLICT IN BETWEEN THE WATERFRONT, THE OVERLAY AND THE PRESERVATION OF THAT TREE.

I MEAN, WE LOVE THAT TREE.

WE WANT TO PRESERVE IT.

THAT WOULD BE OUR PREFERENCE.

UH, BUT AT THIS POINT, YOU KNOW, THERE'S NOT AN ABILITY TO MOVE THAT, THAT HOME FARTHER NORTH INTO THAT SPOT, UH, WITH THAT TREE THERE.

AND, YOU KNOW, FRANKLY, WE CAN'T ACCEPT THE LOSS OF THE USE OF THE PROPERTY OF HAVING BOTH OF THOSE RESTRICTIONS.

SO WE WERE ASKING FOR THE VARIANCE ON THE WATERFRONT OVERLAY, UH, BUT TO BE, TO DRIVE US INTO SHARP CONTRAST, IF WE WERE DENIED THE, THE VARIANCES ON THE WATERFRONT OVERLAY, THAT LEADS RIGHT TO THE, UH, THE TREE REMOVAL.

UH, AND THAT'S WHY THE CITY ARBORIST IS, IS ON THE LINE.

THEN WE'LL BE AVAILABLE FOR QUESTIONS.

UH, SO THE NEXT PAGE, PAGE SIX IS SHOWING WHY WE THINK THAT THIS IS REALLY GOOD, UH, FOR, UH, FOR AUSTIN AND FOR OUR NEIGHBORS.

UH, IT PRESERVES THE TREE.

IT INCREASES THE AMOUNT OF HOUSING UP TO FOUR DWELLING UNITS FROM THE THREE THAT WERE THERE, UH, BETWEEN THE TWO BOX.

UH, ORIGINALLY IT MAKES THEM LIVABLE.

IT PROVIDES, UH, ENOUGH OFF STREET PARKING.

I, THERE WAS SOME DISCUSSION THE OTHER TIME ABOUT, YOU KNOW, TAKING OUT GARAGES AND TAKING OUT CAR CARPORTS.

UM, NUMBER FIVE, WE THINK IT MINIMIZES THE RISK OF FLOODING AND RUNOFF BECAUSE WE'RE ELIMINATING ONE DRIVEWAY BY HAVING THAT SHARED DRIVEWAY IN BETWEEN THE TWO LOTS.

UH, AND WE'RE WILLING TO WORK WITH, YOU KNOW, WHAT WE NEED TO DO TO PRESENT THAT, UH, THE NEXT TWO ARE THE ONES THAT GET TO THE CORE OF THE, THE INTENT WE THINK OF THE WATERFRONT OVERLAY.

IT'S NOT OBSTRUCTING THE VIEW, NOT GETTING IN THE WAY OF EITHER THE VIEW OF THE WATER OR, YOU KNOW, VICE VERSA, THE VIEW FROM THE WATER, LOOKING UP TO THE SHORELINE.

SO WE THINK IT'S THE RIGHT RIGHT CHOICE TO MAKE.

UH, THE LAST PAGE PHASE SEVEN IS KIND OF A SUMMARY OF ALL THE OTHER POINTS OF WHY WE THINK THIS IS THE RIGHT DECISION, WHY WE REQUEST THIS RATHER THAN TAKING OUT THE TREE.

UH, FIRST IS THAT THERE'S BEEN A, HAVE SOME AESTHETIC CONTINUOUSLY FOR BASICALLY FOREVER.

AND WE PURCHASED THIS LOT EXPLICITLY FOR THE INTENT OF BUILDING IN THE SAME SPOT.

SO IF WE'RE THE HOUSEWARES AND WHERE THE OLD GARAGE SHED WAS, UM, YOU KNOW, THOSE ONES WERE IN THE SETBACK, BOTH OF THOSE STRUCTURES, YOU KNOW, WHERE WE'RE BUILDING, UH, THE PROPOSED, UH, GARAGE HOME, THAT'S ACTUALLY OUT OF THE WATERFRONT OVERLAY.

IT'S REALLY ONLY THE PRIMARY HOME.

THAT'S IN QUESTION.

UH, THE SECOND POINT IS THERE HAVE BEEN MULTIPLE HOMES IN THE IMMEDIATE NEIGHBORHOOD THAT HAS BEEN BUILT IN THAT SAME SECONDARY SETBACK OVER A LARGE RANGE OF TIME.

AND, YOU KNOW, THOSE ARE REALLY BOTH CLOSER TO THE WATER AND THEY'RE HIGHER DENSITY THAN WHAT OUR CASE WOULD BE.

UH, THE THIRD ONE, WHICH IS ALSO UNIQUE TO OUR CASES, WE DO HAVE AN ADJACENT GREEN SPACE THAT ALLOWS UP TO 55% IMPERVIOUS COVER.

WE'RE NOT ASKING FOR THAT.

UH, BUT I GOT SENT THAT, UH, YOU KNOW, THAT'S REALLY BEEN CONSIDERED HERE.

WE THINK THAT THAT IS IMPORTANT.

WE ONLY WANT TO GO TO THE 36.8%.

AND, UH, THE FINAL POINT IS THAT WE HAVE SUPPORT FROM THE NEIGHBORHOOD.

WE'VE TALKED TO ALL OUR NEIGHBORS.

WE HAVE EIGHT LETTERS OF SUPPORT, THERE'S NO OPPOSITION.

UM, SO IT'S REALLY THIS CONFLICT IN BETWEEN THE TREE AND, UH, THE WATERFRONT OVERLAY AND BEING ABLE TO USE THE LAND FOR THE PURPOSE THAT WE PURCHASED A LOT FOR.

THAT'S WHERE THEY LET THE GUY.

AND, UH, HE HAS THE ARBORIST ON THE LINE.

IF THERE ARE ANY QUESTIONS.

THANK YOU.

AND DO WE HAVE A LAND? DO WE HAVE ANYBODY IN OPPOSITION THAT WOULD LIKE TO SPEAK? NO.

OKAY.

AT THAT POINT, I'LL CLOSE THE PUBLIC HEARING, UH, COMMISSION COMMISSIONERS.

IS THERE ANY QUESTIONS? ANY CONCERNS? OKAY.

SO, UM, THIS ONE'S ONE THAT'S BEEN TROUBLING ME FOR A WHILE.

SO I WENT BACK AND READ THE SECTION OF THE CODE BEFORE TODAY'S MEETING.

AND I HAVE A QUESTION I DON'T KNOW WHO CAN HELP ME.

MAYBE SOME OF THEM HAVE BEEN AROUND A LITTLE BIT LONGER WITH INTERPRETATION OF THE ACTUAL CODE, BUT IT'S THAT WHAT YOU CAN BUILD IN A SECONDARY SETBACK ARE FOUNTAINS, PATIOS, TERRACES, OUTDOOR RESTAURANTS, AND SIMILAR USES.

AND THEN HE GOES AND STATES THAT YOU CAN'T EXCEED THE 30%, BUT WHO MAKES A DECISION ON WHETHER YOU CAN PUT A HOUSE THERE AT ALL? ANYBODY

[00:30:04]

ELAINE? WELL, I BELIEVE THAT WOULD BE, I BELIEVE THAT WOULD BE THE BOARD.

UM, BECAUSE I MEAN, THAT ORDINANCE WAS SET IN PLACE FOR A REASON.

AND THAT'S WHY THEY'RE HAVING TO COME TO THE BOARD IS BECAUSE THAT ORDINANCE IS NOT ALLOWING THEM TO, BUT THAT THEY'RE NOT REQUESTING A VARIANCE TO BE ABLE TO BUILD A RESIDENCE IN THE SECONDARY SETBACK, THEY'RE REQUESTING A VARIANCE OF THE IMPERVIOUS COVERAGE.

BUT I DON'T THINK THAT THE FIRST REQUIREMENT TO BUILD IN THE SECONDARY SETBACK IS BEING MET.

RIGHT.

SO WHAT THEY WOULD HAVE TO DO IS THEY WOULD HAVE TO GO TO RESIDENTIAL REVIEW TO SUBMIT A PERMIT FOR THE HOUSE IN THE MIDST OF ALL THAT, THAT REVIEWER WILL CATCH ALL THE WATERFRONT OVERLAY ORDINANCE AND EVERYTHING THAT'S INVOLVED IN IT.

AND THEY WILL FORWARD THEM TO WANT TO BE ADJUSTMENTS, PARENTS FOR WHATEVER THEY'RE NEEDING VARIANCES FROM IN ORDER TO BUILD THAT HOUSE.

SO THEY WOULD HAVE TO COME BACK AGAIN TO GET A VARIANCE, TO BUILD A HOUSE HERE, NOT IF Y'ALL APPROVE WHAT THEY'RE REQUESTING.

OKAY.

WE CAN MAKE IT CONTINGENT ON.

WE CAN MAKE IT.

I WOULD THINK WE COULD MAKE IT UP CONTINGENT ON GETTING THAT APPROVAL FIRST, IF THAT'D BE SO OUR WISHES TO APPROVE IT DOESN'T REALLY WORK THAT WAY.

HOW IT WORKS ON THE IMPERVIOUS COVER IS IT'S AN IMPERVIOUS COVER THAT ALLOWS YOU TO BUILD A STRUCTURE, NOT IMPERVIOUS COVER FOR A PATIO OR A FOUNTAIN, WHICH HAS NO WALLS OR ROOF IS BASICALLY WHAT IT IS.

NO PARKING, NO DRIVEWAYS, OR YOU CAN DO PARKING AND DRIVEWAYS THINGS THAT ARE MAYBE PAVED UP TO A CERTAIN IMPERVIOUS COVER, BUT YOU CAN'T BUILD A STRUCTURE.

AND SO THEY NEED, UH, THE VARIANCES TO BE ABLE TO BUILD A STRUCTURE, UM, IN THE, IN THE SECONDARY SETBACK, WHICH IS NOT ALLOWED, EVEN THOUGH I DON'T, I'M NOT REALLY SURE WHY IT'S AN IMPERVIOUS COVERAGE VARIANCE.

IT IS A VARIANCE TO BUILD A STRUCTURE IN THE SECONDARY SETBACK, WHICH IS NOT ALLOWED, WHETHER SOMEBODY WHO'S GOING TO DO AN OUTDOOR RESTAURANT, I WOULD THINK WOULD COST MORE THAN A HOME, BUT I DON'T MEAN IT OUTDOORS.

IT'S NOT A CUPBOARD OR RESTAURANT.

WHAT IT IS IS AN OUTDOOR PATIO FOR A RESTAURANT.

THERE'S A LOUD, BUT NOT A STRUCTURE.

OKAY, SORRY.

UH, A COMMENT, UM, I KNOW LAST MONTH WE TALKED ABOUT POTENTIALLY RESTRUCTURING ALL OF THIS, TO WHERE THE IMPERVIOUS COVER IS, IS OUTSIDE OF THAT WATERFRONT OVERLAY.

AND I DON'T SEE ANYTHING DIFFERENT ABOUT THIS APPLICATION THAN WHAT WE CONSIDERED LAST MONTH.

UH, UM, UH, ALL I, ALL I SEE HERE IS, WELL, WE WANT YOU TO APPROVE IT, EVEN THOUGH IT'S, IT'S SOMETHING THAT, THAT ISN'T ANY DIFFERENT THAN WHAT WE LOOKED AT LAST MONTH, TWO OR THREE OTHERS ALREADY SAID, WE DON'T SEE ANY WAY TO APPROVE THIS.

SO I DON'T SEE.

I MEAN, UNLESS I'M MISSING SOMETHING, I DON'T SEE ANYTHING DIFFERENT ON THIS, IN THIS PACKAGE THAN WHAT WE LOOKED AT LAST MONTH.

THANK YOU.

DARYL BROWN.

YEP.

WELL, ACTUALLY THAT THE GERMAN, THAT WAS THE, MY QUESTION OR THE APPLICANT, WHICH WAS IF THEY HAD PREPARED, IF THEY HAD PREPARED ANY MATERIALS OR ANY THOUGHTS THAT WERE RESPONSIVE TO, UM, TO THE REQUEST OF THE BOARD LAST WEEK, BECAUSE THAT WAS, I MEAN, I THINK THAT WAS THE REASON WHY WE DID THE POSTPONEMENT.

IF, IF MY NOTES ARE, ARE ACCURATE, WHICH IS NOT, UH, THERE'S NO GUARANTEE THAT THERE, BUT, BUT ACCORDING TO MY NOTES, THE REASON WHY WE DID THE PROPOSAL, THE POSTPONE, OR AT LEAST THE REASON WHY I THOUGHT WE DID WAS TO SEE IF THE APPLICANT COULD COME UP WITH ANYTHING THAT WOULD MOVE THE STRUCTURES AROUND AND MAYBE, UH, AND MAYBE GET IT MORE IN LINE WITH, UH, WITH SOMETHING WE COULD LIVE WITH.

UM, ALSO, ALSO, UM, I'M INCLINED TO DEFER A LOT OF THIS TO THE, TO THE GUIDANCE OF COMMISSIONER BAILEY, JUST BECAUSE OF HER TIME ON, ON WATERFRONT OVERLAY ISSUES.

UM, AND I'M NOT SURE THAT I NECESSARILY APPRECIATE THE PRESENTATION, THE IDEA THAT THE BOARD WAS ARBITRARILY IGNORING ANYTHING, BUT I GUESS THAT'S NEITHER HERE NOR THERE.

I'M, I'M, I'M CURIOUS TO SEE IF THE APPLICANT HAS ANY INFORMATION THAT'S RESPONSIVE TO OUR REQUEST THE LAST TIME WHEN WE DID THE POSTPONEMENT.

OKAY.

VERONICA SECOND, BUT I WANT TO GIVE THE APPLICANT AN OPPORTUNITY TO RESPOND, SIR.

GO AHEAD.

YES, THANK YOU.

ABSOLUTELY.

UH, SO IT MAY NOT BE WHAT YOU WANT TO HEAR, BUT, UH, HERE'S THE TRUTH.

UM, WHAT WE DID NOT BRING FORWARD PREVIOUSLY IS THAT ALL THE, THE SURPRISE FACTOR HERE, THE FACTOR WAS THAT THE EXPECTATION WAS ESTABLISHED THAT, YOU KNOW, THIS IS NORMAL

[00:35:01]

FOR THIS NEIGHBORHOODS, UH, ACROSS ALL OF OUR NEIGHBORS, UH, THAT FRANKLY YOU'RE DOING THE SAME THING.

UH, THE INFORMATION THAT WE HAVE ALREADY FULLY INVESTED IN HER FULLY COMMITTED IN THIS SOLUTION.

AND I THINK IT'S VERY EASY FOR THE BOARD TO COME FORWARD AND SAY, OH, WHY DON'T YOU GO BACK AND CHANGE YOUR PLANS? WHY DON'T YOU REDO YOUR ARCHITECTURE? WHY DON'T YOU, YOU KNOW, WITH THE CHAIRMAN WITH ALL DUE RESPECT, UH, WE CANNOT PASS VARIANCES BASED ON FINANCIAL ISSUES.

OKAY.

SO THE FACT THAT VERY WELL INVESTED INTO IT.

AND YOU'RE WAY DOWN THE ROAD WITH IT.

WE CANNOT TAKE THAT INTO CONSIDERATION, UH, FOR EACH AREA.

YOU SAY, IF I COULD JUST SAY ONE THING, I THINK IT'S IMPORTANT FOR YOU TO KNOW.

I WANTED TO BRING ME ONE SECOND.

EXCUSE ME.

THE THINGS I WANT TO MAKE.

I WANT TO MAKE SURE THAT YOU UNDERSTAND, BECAUSE WE ARE NOT AGAINST YOU.

THERE'S A COUPLE OF THINGS THAT WE'VE GOT TO DO.

YOU'VE GOT TO MAKE SURE THAT WE CAN PASS VARIANCE THAT PASSES A SET OF NARROWLY DEFINED TESTS.

WE ARE IN MANY WAYS JUST AS BOXED IN BY THE CODE AS YOU ARE.

AND SO PART OF THE REASONS WHY WE ASKED FOR THE THINGS THAT WE ASK WHEN WE DO A POSTPONEMENT IS TO SEE IF WE CAN GET YOU THERE.

AND THE REASON WHY IS BECAUSE OUR ONLY ALTERNATIVE WE CAN'T DO THAT IS AN OUTRIGHT DENIAL.

SO I WANT YOU TO UNDERSTAND, I THINK WE ARE AS SENSITIVE AS WE CAN BE WITHOUT EXPLICITLY GOING OUT AND GRANTING VARIANCES BECAUSE WE'RE TRYING TO MAKE PEOPLE HOLD.

YOU KNOW, I THINK AUSTIN'S CODE.

WE, I MEAN, THAT'S WHY THE BOARD OF ADJUSTMENT EXISTS RIGHT.

IS TO, IS TO FIND THE WAYS AROUND THIS, BUT YOU GOTTA GIVE US SOMETHING TO WORK WITH.

YOU VERY WELL SAID, ROM, UH, VERONICA, YOU HAD A YEAH.

UH, CHECK YOUR MUTE.

I ACTUALLY WAS TRYING TO GO BACK TO ADAS QUESTION AND JUST ASK, ANSWER HER BECAUSE IT DID SAY IT'S, AND IT'S WRITTEN IN THE AGENDA THAT IT IS, THEY ARE ASKING YOU FOR CONSTRUCTION OF A HOUSE.

SO THAT IS THE VARIANCE REQUEST.

SO IT IS UP TO US.

SO THAT'S ALL I WANTED TO MAKE CLEAR, BUT IT'S LIKE SEVERAL COMMENTS BEYOND WHAT, YOU KNOW, PAST WHAT ADA HAD ASKED.

THAT'S ALL I WANT TO DO.

YES.

THANK YOU.

IF THAT'S ON THE FIRST, HOLD ON, SIR.

HOLD ON, SIR.

BROOKE, PLEASE.

JUST QUICKLY.

I MEAN, YOU SAID THAT YOUR ARCHITECT AND YOUR ENGINEER HAD NO IDEA ABOUT THE WATERFRONT OVERLAY.

UM, THAT THAT'S CORRECT.

I, I FIND IT, BUT I DON'T, I DON'T EVEN KNOW WHAT TO SAY THAT, THAT THEY WOULDN'T KNOW THAT IT'S THERE.

CAUSE IT'S A, IT'S AN ORDINANCE AND OUR LAND DEVELOPMENT CODE, ACTUALLY, BROOKE, IF I CAN SPEAK TO THAT, THE ARCHITECT DID NOT KNOW ABOUT IT UNTIL HE DID FURTHER RESEARCH.

AND BY THEN THEY WERE ALREADY DEEP INTO THE PERMITTING PROCESS BEFORE HE REALIZED IT, THE REVIEWERS DIDN'T EVEN REALIZE IT.

IT WAS THE ARCHITECT THAT DID MORE RESEARCH AT THAT POINT.

UM, AND THAT'S WHAT, WELL, THAT'S VERY DISTURBING THAT THE REVIEWERS DON'T EVEN KNOW ABOUT AN ORDINANCE THAT'S IN OUR LAND DEVELOPMENT CODE.

KEEP IN MIND THAT RESIDENTIAL REVIEW, THEY HAVE A HIGH TURNOVER RATE AS REVIEWER.

SO THEY HAVE A LOT OF NEW PEOPLE UP THERE AND THEY'RE DOING THEIR BEST TO TRAIN THEM.

THERE'S A LOT GOING ON UP THERE IN RESIDENTIAL REVIEW RIGHT NOW, AND THEY'RE DOING THEIR BEST TO TRAIN THEM AND GET THEM UP TO ON THESE ORDINANCES.

IT'S A QUICK SEARCH, THAT'S IT? YOU CAN PUT IN THEIR PROPERTY AND FIND OUT WHAT ORDINANCE IS .

YEAH.

OKAY.

THANK YOU, BROOKE.

DARRYL, YOU HAD A COMMENT.

YOU'RE MUTE.

CHECK YOUR MUTE DARYL.

THANK YOU, SIR.

IF YOU LOOK ON PAGE 44 OF THE PACKAGE, YOU'LL SEE THE SURVEY THAT WAS DONE AND IN THE TOP RIGHT CORNER OF THE SURVEY, IT SAYS BEFORE DESIGN BEGINS ON THE SUBJECT PROPERTY, THE OWNERS SHOULD CHECK THE LOCAL GOVERNING AUTHORITIES ABOUT BUILDING SET BACKS AND OTHER BUILDING REQUIREMENTS.

AND THIS WAS DATED, UH HUH.

JULY OF 2018.

SO THE IDEA THAT THEY WERE SO FAR ALONG AND THEN US, AND JUST DIDN'T KNOW ABOUT IT, YOU KNOW, THEY WERE TOLD TO CHECK THIS STUFF BEFORE THEY GOT ONTO IT.

AND, AND FRANKLY, YOU KNOW, GIVING SOMEBODY A, A POSTPONEMENT SO THEY CAN GO GET SOME INFORMATION AND THEN THEY DON'T EVEN BRING THAT INFORMATION TO US.

MMM.

I DON'T SEE, I DON'T SEE IT.

I APPRECIATE YOUR PERSPECTIVE.

BOXED IN AND WE DO NOT HAVE A CHOICE.

[00:40:01]

WE'RE GOING TO ASK FOR A VARIANCE TO REMOVE THE TREE.

WELL, THEN AT THAT POINT I WILL ENTERTAIN A MOTION YASMIN AND I, AND I'M SORRY, I'M JUST TRYING TO DRIVE DOWN BECAUSE I CAN'T SHUT OFF.

I WOULD, THESE WOULD LIKE FOR US TO COME BACK TO THIS DISCUSSION BECAUSE I DO FEEL FOR, UH, THE INDIVIDUAL THAT HAS COMFORT EXPERIENCE, IF WE COULD MOVE INTO NEW DISCO, YOU KNOW, WHEN WE DO NEW DISCUSSION, SOMETIMES I KNOW WE HAVE A RUNNING LIST OF SOME SORT OF LIKE, HEY, THESE ARE THE THINGS WE KEEP SEEING OVER AGAIN, BUT WE KEEP HEARING THIS COMMENTARY.

I UNDERSTAND, UM, YOU KNOW, CHRISTIAN BOOK BRADLEY SAY, YOU KNOW, YOU JUST PUT YOUR ADDRESS IN THERE, BUT MAYBE IF THERE'S A CHECKLIST, LOOK, THAT'S NOT MY JOB.

THAT'S ABOVE MY PAY GRADE, BUT MAYBE WE CAN DISCUSS IT SO WE CAN HELP THOSE PEOPLE OUT OVER THERE.

UM, AND THEN YES, I'M MOTIONING TO THE DENY.

OKAY.

SO ON A TABLE, IF YOU GO INTO THE PROPERTY PROFILE, THE APPLICANT.

PLEASE STOP TALKING FOR A SECOND.

MR. CHAIR, CAN I ASK FOR A SUBSTITUTE MOTION TO POSTPONE? AND THE REASON WHY IS THAT? I BELIEVE THAT IF THE APPLICANT THINKS ABOUT HIS OPTIONS THINKS ABOUT HOW AUSTIN HAS TYPICALLY TREATED THE REMOVAL OF LARGE HERITAGE TREES THAT HE MAY WANT TO CONSIDER LOOKING AT THE TOPOGRAPHY OF THE TWO, LOTS THAT HE OWNS COMING UP A CREATIVE SOLUTION.

AND I MAY, I SUGGEST ALSO THAT HE WORKED WITH HIS ENGINEER AND HIS ARCHITECT, AND PERHAPS REMIND HIM THAT PART OF THEIR PROFESSIONAL COMPETENCE IS EVALUATED ON THE KNOWLEDGE BASE THAT THEY WORK WITH IN OUR CITY.

AND THAT MAY BE ONE OF THE TWO MOST CONTENTIOUS PIECES OF LAND USE ORDINANCE IN OUR CITY, ALONG WITH LAKE AUSTIN, THAT BRINGS CASES TO THIS BOARD MAY HAVE BEEN SOMETHING THAT WOULD HAVE RISEN TO THEIR, TO THEIR VISIBILITY DURING THIS PROCESS AT SOME POINT.

THANK YOU, RAMAN.

THAT'S MY MOTION.

SO THAT'S A SUBSTITUTE.

I DON'T KNOW IF THERE'S A SECOND FOR IT, BUT UH, CAN I REMOVE THAT? CAN I REMOVE MINE? I'M GOING TO GO AHEAD AND REMOVE MINE.

I HOPE THE PERSON IN FRONT OF US, BABY.

I HOPE THAT YOU ARE LISTENING BECAUSE AGAIN, WE'RE TRYING TO WORK WITH YOU.

WE JUST NEED SOMETHING TO GET OUT OF THIS BOX WITH YOU.

OKAY.

SO I'LL REMOVE JUST FOR THE POSTPONEMENT, BUT THAT MEANS YOU GOT TO COME BACK WITH SOMETHING AND ROB'S RIGHT.

LIKE IT SHOULD HAVE RISEN TO THEIR EYES.

AND SO IF IT, YOU KNOW, I THINK SPECIFIC PUTTING IT IN, FRAMING IT THAT WAY MAY GET YOU, UM, MAY GET YOU A DIFFERENT LOOK THAT YOU CAN BRING BACK TO THE SPORES SO THAT WE CAN WORK WITH YOU TO GET YOU WHAT YOU NEED OR WANT.

OKAY.

SO SIR, HOLD OFF FOR A SECOND.

SOMETIMES LESS IS MORE.

AND WHEN I'M ON THE DICE, I TELL A LOT OF PEOPLE SOMETIMES LESS IS MORE, OKAY.

YOU'VE GOT A MOTION TO POSTPONE.

MR. MCDANIEL HAS GIVEN YOU QUITE A BIT OF WISDOM AND INSIGHT THAT I WOULD HIGHLY ADVISE.

YOU TAKE A PERSONALLY MYSELF AND BEING ON THIS BOARD 14 YEARS, SOME ODD YEARS, YOU'LL HAVE THE POTENTIAL OF GETTING WHERE YOU WANT TO GET TO, BUT YOUR APPROACH RIGHT NOW, ISN'T QUITE GOING TO GET YOU THERE.

AND, UH, AND I WILL SUPPORT THE MOTION TO POSTPONE.

I'D TAKEN WILLIAM OR SECOND.

OKAY, WELL, YOU MET SECONDED IT.

YOU THOUGH THE FACT THAT YOU HAVE A BIG HERITAGE TREE ON THAT PROPERTY IS A BONAFIDE HARDSHIP.

BUT WHAT YOU WILL NEED TO DO IS WHEN THE BOARD IS REQUESTING A D I'LL GET YOU TO KELLY.

I SEE YOUR HAND.

I WILL GET TO YOU, SWEETHEART.

THE, UM, WHEN THE BOARD IS TELLING YOU THAT THEY NEED THIS, THIS TYPE OF INFORMATION, YOU NEED TO BRING THE INFORMATION, TAKE A SERIOUS, LOOK AT IT.

YOU ROLL THE DICE THE NEXT TIME.

I DON'T THINK YOU'RE GOING TO GET WHERE YOU WANT TO GET.

OKAY.

SO LET'S KEEP CALM HEADS.

EVERYTHING'S GONNA BE FINE.

MR. MCDANIEL GAVE YOU SOME GREAT INSIGHT.

KELLY, YOU HAD A COMMENT, JUST THAT MY NOTES FROM THE LAST MEETING SAID THAT WE HAD RECOMMENDED THE APPLICANT FOCUS ON BUILDING ON NORTHERN LAUNCH.

SO THAT'S WHAT I WOULD EXPECT TO SEE.

AND I JUST WANTED TO REALLY, REALLY, REALLY EMPHASIZE THAT SINCE IT DIDN'T SEEM THAT MESSAGE DIDN'T GET ACROSS LAST TIME, THANKING KELLY AND BEING A FORMER CONTRACTOR AND LOOKING AT THE TOPOGRAPHY AND LOOKING AT THE LAYOUT OF THIS PROPERTY.

I DO SEE SOME OPTIONS FOR YOU.

SO I'M GOING TO GO AHEAD AND CLOSE PUBLIC COMMENT.

ANY ANYBODY ELSE GOT ANYTHING THEY WANT TO SAY, HOLD YOUR HAND UP SO I CAN SEE YOU.

IF NOT, LET'S GO AHEAD AND TAKE A, TAKE A VOTE.

UH, ELAINE, I'M GOING TO ASK YOU TO CALL EVERYBODY OUT REAL QUICK BEFORE.

UM, DO YOU WANT TO HEAR FROM THE ARBORIST BECAUSE HE DID CALL IN AND HE IS ON THE LINE WAITING.

I DON'T KNOW.

I'M JUST, I MEAN, I THINK IF HE, I DON'T THINK HE'S GOING TO REALLY ADD MUCH TO IT.

THE FACT THAT WE ALL RECOGNIZE THE VALUE AND HOW WE ARE ABOUT TREES AND CRITICAL ROOT ZONES.

[00:45:01]

UM, SO UNLESS, UH, IF ANY OTHER BOARD MEMBER WOULD LIKE TO HIT HAVE HIM PRESENT ANYTHING, THAT'S FINE.

BUT I THINK WE'RE ALL PRETTY WELL AWARE OF ANYBODY ELSE.

I HAVE A QUESTION.

OKAY, THEN.

OKAY, THEN GO AHEAD.

LET'S CALL OUT THE ROLE BLANK PLEASE.

YEAH.

I HAVE A QUESTION PLEASE, BECAUSE THIS IS VERY SIMILAR TO THE DISCUSSION WE HAD LAST MONTH AND I'M NOT HEARING A REALLY NICE TO ALLOW A HOME TO BE BUILT IN AND THAT OVERLAY AND I'M WELL, SARAH, THAT WOULD BE CLOSING.

YES, I'VE CLOSED THE PUBLIC HEARING AND IN THE PROCESS, THAT'S WHAT HAPPENS WHEN PEOPLE START STEPPING ON EACH OTHER AND TALKING ON EACH OTHER, SOMETIMES WE HAVE TO, WE HAVE TO CLOSE OUR MODELS AND OPEN OUR EARS.

IT WAS STATING THAT, BUT IN THE GRANTING OF THIS VARIANCE WOULD BE ALLOWING YOU TO BUILD YOUR HOME ON A PROPERTY.

NOW, WHETHER IT'S GOING TO BE IN THE OVERLAY OR NOT, YOU NEED TO TAKE A LOOK AT THOSE OPTIONS AND LISTEN TO WHAT WAS SAID HERE.

NOT JUST HEAR THE WORDS, BUT HEAR THE WISDOM BEHIND IT AND TAKE A LOOK AT YOUR OTHER OPTIONS OF BEING ABLE TO BUILD.

CAUSE I CAN TELL YOU SITTING ON THIS BOARD FOR SO LONG, I CAN COUNT THE VOTES AND YOU'RE NOT THERE.

SO YOU DON'T BRING US SOMETHING BACK WITHOUT, WITHOUT HAVING SOME INVESTIGATING SOME OPTIONS AND RELOCATING THE HOUSE AROUND AND TAKING A LOOK AT DIFFERENT POCKETS.

MR. MCDANIEL COMMISSIONER MCDANIEL'S INFORMATION THAT HE GAVE TO YOU.

HE IS PROBABLY THE MOST VALUABLE INFORMATION YOU'RE GOING TO TAKE AWAY TONIGHT.

SO LANE, PLEASE CALL THE ROOM, BUT BAILEY YES.

JESSICA COHEN.

YES, YES, YES.

DANIEL PRUITT.

YEAH.

YES, YES, YES.

MEAN SMITH.

YES.

MICHAEL ONE.

OLIN.

YES.

KELLY BLOOM.

YES.

AND MARTHA GONZALES.

YES.

YOUR APPLICATION HAS BEEN POSTPONED TO NEXT MONTH, SIR.

PLEASE BRING THE INFORMATION, TAKE THIS VALUED WISDOM YOU GATHERED HERE TONIGHT AND BRING IT BACK NEXT MONTH BECAUSE IT MAY BE YOUR LAST BITE AT THE APPLE.

THANK YOU.

ALRIGHT, THANK YOU, MICHAEL, FOR CALLING INTO ME.

HOLD ON JUST A MINUTE, DON.

KEITH, YOU CAN GO AHEAD AND YOU'VE BEEN DISMISSED.

UM, THANK YOU FOR CALLING IN.

WE REALLY APPRECIATE IT.

OKAY.

UM, SO I MISSPOKE EARLIER.

UH, WE, WE HAD PULLED THIS, UM, PROJECT, UH, I MEAN THIS CASE FORWARD, UH, BECAUSE WE HAD STAFF AVAILABLE, UH, THERE ARE, UH, THERE'S ONE OTHER CASE THAT, UH, NEEDS TO BE ADDRESSED BECAUSE WE HAVE, UH, TWO PEOPLE IN OPPOSITION AND THAT IS CASE

[Item P4 (Part 1 of 2)]

KEY FOR, UM, SO I'M GOING TO READ THAT INTO THE RECORD AND THEN WE WILL, UH, LET THEM SPEAK AND THEN WE WILL, UH, COME BACK TO THAT LATER.

UM, SO, UM, IF THAT'S, UH, OKAY.

UH, SO THIS IS A ITEM P FOR C 15 DASH 2020 DASH ZERO ZERO TWO ZERO.

UH, JENNIFER HANLIN FOR DURHAM TRADING PARTNERS.

UH, 12, UH, 1403 EAST THIRD STREET.

YEAH.

AND AM I CORRECT ON THIS? YES.

AND WE HAVE, UM, THIS IS ONE OF THE ONES WILLIAM, I THINK THAT YOU'RE RECUSING YOURSELF.

SO IF YOU CAN JUST TURN OFF YOUR VIDEO FOR A MINUTE.

UM, AND THEN, UM, UM, SO MARTHA, YOU WILL, UH, BE LISTENING TO THIS PART, BUT, UH, SO WE HAVE TWO PEOPLE, UH, OUR MIND TO SPEAK, UH, BROADLY ALISON AND, UH, SUSAN BENZ.

SO IF WE CAN START WITH BRYCE AND THEN WE'LL GO ON TO SUSAN AND YOU HAVE, IS IT THREE MINUTES OR FIVE MINUTES BETWEEN THEM? ELAINE? I CAN'T, I CAN'T HEAR YOU.

HOLD ON.

SORRY.

I BELIEVE IT'S A TOTAL OF FIVE MINUTES BETWEEN BOTH OF THEM.

OKAY.

ALL RIGHT.

SO IF YOU GUYS CAN SPLIT UP THE TIME, THAT WOULD BE GREAT.

WE COULD START WITH BRYCE.

OKAY.

THANK YOU, MR. CHAIRMAN AND BOARD MEMBERS FOR HEARING ME, AS YOU KNOW, THE APPLICANT'S REQUESTING TO REDUCE THE INTERIOR SETBACK FROM FIVE FEET TO 2.7 FEET.

I OWN THE ADJACENT PROPERTY AT ONE 43 EAST THIRD, AND JUST APPRECIATE THE OPPORTUNITY TO VOICE MY OPINION.

UM, YOU ALSO HEARD FROM ME AT THE LAST HEARING, SO I WILL TRY TO KEEP THIS SHORT AND RESERVE TIME FOR THE OTHER NEIGHBOR.

UM, SO, UH, THE NEED FOR THIS DAY IS, AS YOU'LL SEE, IS NOT THE RESULT OF UNIQUE PROPERTY

[00:50:01]

HARDSHIP, BUT AS WE SAW LAST TIME AS AN UNFORTUNATE MISTAKE THAT WAS MADE IN THE SURVEY PROCESS, UH, EARLY IN THE BILLING PROCESS, THE SURVEY COMPANY MADE AN ERROR.

IT WASN'T DISCOVERED TILL LATE IN THE PROCESS IN SOME OF THE CASE DOCUMENTS THAT WERE PART OF THIS.

I DO SEE RECORDS OF OTHER NEIGHBORS, MAYBE BRINGING THIS TO ATTENTION EARLIER IN THE PROCESS.

SO I DON'T KNOW WHEN IT WAS TRULY DISCOVERED.

UM, I WILL SAY, I DO FEEL THIS HAS A NEGATIVE IMPACT ON MY, AND THE VALUE OF RUNNING US PRODUCE LIGHT IN THE PROPERTY AND AIRFLOW, AS YOU'LL SEE FROM THE ELEVATION AND THE DOCUMENT, IT'S AN EXTREMELY LONG DUPLEX AND RUNS ALMOST THE ENTIRE LENGTH OF MY PROPERTY.

AND IT HAS EXTERIOR STAIRS ON BOTH SIDES, BOTH ENDS OF IT.

SO IT MAKES IT EVEN LONGER.

IT'S PROBABLY MAYBE A HUNDRED FEET AT LEAST LAW.

UM, AND I SAY IT, IT REALLY DOESN'T OKAY, DOESN'T FIT THE CHARACTER OF THE NEIGHBORHOOD OR WHERE THERE WAS A HISTORIC HOME THAT WAS THERE BEFORE THAT IT DOESN'T SEEM TO STAY WITH, BUT BECAUSE IT IS SO LONG, ANY, ANY CHANGE IN VARIANCE HAS A HUGE IMPACT ON MY LOT BECAUSE IT RUNS ALMOST THE ENTIRE LENGTH.

AND MY HOUSE IS JUST, IT'S A SMALL SINGLE STORY TELLING HOME BUILDING BUILT IN THE THIRTIES, SMALL GARAGE IN THE BACK.

SO IT JUST FEELS HUGE.

UM, SO WHAT I'M REALLY WORRIED ABOUT IS IF ANY POTENTIAL DRAINAGE ISSUES BEING THAT CLOSE, UH, WITH EASE THAT EXTEND OUT TWO FEET ELEVATION THAT LEAVES THEM REALLY JUST INCHES FROM MY PROPERTY.

UM, AND I'M, I'M NOT AN EXPERT, BUT I DO WORRY ABOUT ANY KIND OF GREATER RISK OF FIREARM, MAYBE SPREADING FROM ONE PROPERTY TO THE OTHER, IF THAT WAS AFTER THE CASE.

UM, THE ONE OTHER ISSUE I'M JUST GONNA SAY THAT YOU'LL SEE IN THE CASE DOCUMENTS, YOU WILL SEE THE WOODEN FENCE THAT'S IN THERE.

I DIDN'T WANT TO JUST DRAW ATTENTION THAT THAT NTC IS ACTUALLY INSIDE MY PROPERTY LINE.

THERE, THERE USED TO BE A, A CHAIN LINK FENCE THAT RAN ACTUALLY ON THE PROPERTY LINE THAT WAS CLOSER TO THE STRUCTURE THAT I GUESS WAS REMOVED AS PART OF THE PROCESS AND THE PREVIOUS OWNER OF MY HOUSE PUT UP THE WOODEN PRIVACY FENCE TO JUST CREATE SOME MORE PRIVACY THERE, BUT ACTUALLY, I DON'T KNOW, MAYBE HALF A FOOT INSIDE THE PROPERTY LINE, AT LEAST.

SO, UH, THE, THE PHOTOS THAT LOOKED NARROWED THEY'RE ACTUALLY EVEN MORE NARROW THAN THAT ONE CONSIDERED WHERE THE PROPERTY LINE IS.

UM, AND I'M FAIRLY CERTAIN THAT EVEN THE SIDEWALK THAT IS THERE CROSSES INTO MY PROPERTY AND WORRY ABOUT REALLY DRAINAGE ISSUES FROM JUST THAT IMPERVIOUS COVERS GOT RIGHT NEXT TO IT.

UM, SO INFLAMMATION, IT'S REALLY UNFORTUNATE THAT DEALERS GOT AS FAR AS THEY DID BEFORE THIS ERA WAS THERE.

I'M NOT A BILLING EXPERT, I'M NOT A SETBACK EXPERT.

SO I REALLY DIDN'T NOTICE IT WAS