* 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. [00:00:08] SO LET'S GO AHEAD AND DO THE ROLL CALL. JESSICA COLIN, WILLIAM, DON LAYTON. WELL, MCDANIEL HERE. YES. SMITH MICHAEL VON OLIN HERE, MUSK AND JEALOUS. IF YOU CAN SAY THAT AGAIN, WE'RE NOT ABLE TO HEAR IT. CAN YOU HEAR ME? YES, WE CAN HEAR YOU NOW, RIGHT? THANK YOU EVERYONE. WE HAVE TO GO AHEAD AND GET STARTED. THE, [A-1 Staff requests approval of June 8, 2020 draft minutes] UH, THAT'S THE APPROVAL OF THE DRAFT MINUTES FROM JULY, JUNE, 2020. DO I HAVE A MOTION TO APPROVE? IS THERE A SECOND? OKAY, SO WE HAVE A MOTION TO APPROVE BY JESSICA AND A SECOND BIBLE COMMISSIONERS. THIS IS STEPHANIE FROM CITY HALL. WE'VE LOST AUDIO AGAIN. SO I JUST NEED TO PAUSE FOR A MOMENT. I'M HOPING YOU CAN HEAR ME GET SOMEONE NOD. ELAINE, DO YOU HEAR ME? YEAH, I MEAN, THEY CAN'T HEAR ME, THE THREE PEOPLE SO WE'LL TAKE A FIRST [00:05:05] CHAIR. I APOLOGIZE. THIS IS STEPHANIE AND CITY HALL. WE HAVE LOST THE AUDIO. SO JUST GIVE ME ONE MOMENT. I APOLOGIZE. OR JUST SOME HOUSEKEEPING WHILE WE'RE WAITING. SHE'S GONE IN VERONICA, JUST TO CLARIFY ON THE VOTES FOR THE MINUTES, UH, WHEN WE WERE TAKING ROLL CALL AND YOU WERE THERE, SO ARE YOU YES. YES. YOU'RE APPROVING. THANK YOU. I'M HAVING ACTIVITY ISSUES AS WELL, SO, OKAY. YEAH, BUT IT'S PRETTY QUICK. OKAY. ALRIGHT. VERY GOOD. THANK YOU, ELAINE. SO, UM, WHILE WE WERE WAITING TO GET RECONNECTED ON AUDIO, UM, THERE ARE TWO ITEMS ON [B-2 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda] THE, UH, SPEAKERS IN OPPOSITION THAT ARE RECONSIDERATIONS. HOW ARE WE HANDLING THE RECONSIDERATIONS? UH, TYPICALLY WE MAKE A DETERMINATION AT THE FIRST OF THE MEETINGS. IS THAT CORRECT? SO SEE IF WE WANT TO HEAR THOSE OR NOT, OR HOW ARE WE GOING TO DO THAT? YES, THAT'S CORRECT. WELL, I'M NOT SURE HOW THAT WORKS WITH A SPEAKER. YOU KNOW, I THINK IF THERE ARE SPEAKERS WHO ARE SPEAKING IN FAVOR OF THE RECONSIDER MAKING START AT THE TOP OF THE MEETING, AND THEN IT'S A DISCRETION, WHETHER OR NOT THEY WANT TO TAKE UP ITEMS, WE CAN SAY, OKAY, SO WE SHOULD PROBABLY PULL THOSE FORWARD INSTEAD OF HAVING THE PEOPLE WHO ARE SPEAKING IN OPPOSITION. AND THEY'RE ONLY SPEAKING TO THE MERITS OF RECONSIDERATION. IS THAT CORRECT? THAT IS CORRECT. OKAY. ALRIGHT. VERY GOOD. SO THAT WOULD BE ITEM E WARREN ABOUT IRELAND. I TAKE THAT BACK THAT WAY. IT'S D ONE AND GENE ONE, THE ONE IN GENE ONE AND WE HAVE NOBODY TO SPEAK IN OPPOSITION OF GENE OR SORRY, D ONE. SO, CORRECT. UM, SO WE MIGHT JUST WAIT ON THAT ONE UNTIL THE CASE IS READY TO BE HEARD AND WE CAN MAKE A LOAD CONSIDERATION. YEAH, I THINK THAT'S FINE. OKAY. ALRIGHT. SO THAT WOULD, UH, HELL HOW WELL HE HANDLED THAT ONE. OKAY. CHAIR, CAN YOU HEAR ME OKAY? YES. OKAY, PERFECT. I THINK I HAVE EVERYTHING BACK THAT WE CAN GO FORWARD. I SHOULD HAVE THE SPEAKERS CONNECTED THROUGH THAT. I'M GOING TO CALL ON YOU AGAIN. THANK YOU, CHAIR. WE ARE GOOD TO GO. OKAY. ALRIGHT. SO WE ARE BACK ON BOARD HERE. SO, UH, UM, FOLKS WERE OFFERING, THEY MADE THE DETERMINATION THAT WE WOULD, UM, UH, ABOUT, UH, ITEM G, G AS IN GOOD, UH, RUN RELATIVE ONLY TO, UM, THE, UM, UH, WE CONSIDERATION HERE. SO, UH, THE FIRST THING THAT WE'D LIKE TO DO IS HAVE MR. BLATT SPEAK TO WHY THAT THE CASE SHOULD BE RECONSIDERED AND THEN WE'LL MAKE A, UH, WE'LL RECONSIDER THAT. SO IT'S MR. BLATT AVAILABLE? I AM. OH, BEFORE WE DO THIS, UH, I AM ROBIN. [00:10:01] OKAY, HOLD ON. SORRY, GO AHEAD. WAYNE. I'M RECUSING MYSELF FROM THIS CASE AND SO I WILL BE TURNING OFF MY VIDEO. OKAY. VERY GOOD. THANK YOU. THANK YOU FOR THAT. OKAY. SO WE'RE ONLY 10 OF MEMBERS ON THIS ITEM WITH, UM, MR. HODGE, UH, MICKEY USING HIMSELF. ALRIGHT, MR. BLACK, GO AHEAD. UH, AND AGAIN, WE'RE SPEAKING TO WHY THEY SHOULD GET RECONSIDERATION, NOT THE MERITS OF THE CASE BEYOND THAT. THE PEOPLE THAT SPOKE LAST MONTH, UH, WAS, WERE THE PEOPLE THAT ACTUALLY DID THE SURVEY WATERLOO AND THEIR REPRESENTATIVE. UM, I LISTENED TO THE HEARING AND I WAS, UH, IT SEEMS LIKE MOST OF THE LAT LACK OF UNDERSTANDING OR CONFUSION I SHOULD SAY, AND IT WASN'T YOUR FAULT. IT WAS, UH, THE PERSON THAT, UH, WAS ENGAGED BY WATERLOO. UH, THE PROPERTY WAS A LEGALLY APPROVED SINGLE FAMILY RESIDENCE WITH AN ACCESSORY APARTMENT, AND IT WAS FULLY APPROVED, UH, TO BE SUCH AND THE DRAWINGS WERE ALL APPROVED AS WELL. AND THE ERROR IS SIMPLY WHERE THE SURVEY, UH, WHEN THE FORM SURVEY WAS DONE AND WHEN THEY, IT IN THE LAYOUT THAT WAS GIVEN TO THE CONTRACTOR BY WATERLOO WAS EXACTLY WHERE THE PROPERTY WAS PLACED. AND THEY JUST EITHER IT'S THE PINS WHEN THEY DID THE SURVEY TO TELL THE CONTRACTOR WHERE TO PUT THE PROPERTY. UM, BUT IT CLEARLY WASN'T THE CONTRACTOR'S FAULT. AND THE AIR JUST OCCURRED WHEN IT WAS NOTICED WHEN WE WENT TO GET THE FINAL CFO AND THEY NEEDED A, THEY NEEDED A FINAL SURVEY. AND THAT'S WHEN WATERLOO DETERMINED THAT THEY HAD MADE A MISTAKE WHERE THEY PUT THE PROPERTY ON THE FORM SURVEY. AND I MEAN, WE, WE, I GUESS WHAT WASN'T REALLY BROUGHT UP, BUT I DON'T THINK AT ALL, WAS THAT WE DO HAVE A MITIGATION IN PLACE WHEREBY IT'S GOING TO COST US 50 TO $70,000 TO FULLY SPRINKLER THE BUILDING. AND I BELIEVE CLOSE A NUMBER OF THE OPENINGS ON THE EAST SIDE OF THE PROPERTY, UH, UH, TO ADD TO THE FIRE PROTECTION. AND, UM, I MEAN, IT'S AS SIMPLE AS THAT, I MEAN, WE WOULD, THERE'S NOTHING ELSE WE CAN DO. WE CAN NOT MOVE THE PROPERTY. WAS THERE ANYTHING ELSE THAT YOU WANTED US TO CONSIDER AS PART OF THE RECONSIDERATION ON THIS? AND AGAIN, IF WE, IF WE CHOOSE TO RECONSIDER, THEN, THEN YOU'LL HAVE A CHANCE TO MAKE A FULL CASE. WELL, I MEAN, YEAH, I MEAN, THERE, THERE, THERE SEEMED TO BE A CONCERN BY THE NEIGHBOR AS TO WHAT THE PROJECT LOOKED LIKE. UH, IF THE PROPERTY IS KNOCKED DOWN, THE SAME STRUCTURE IS GOING TO BE BUILT PLUS OR MINUS, IT'S GOING TO BE THE SAME HEIGHT AND IT'S GOING TO BE THE SAME LENGTH ROUGHLY. SO IT, BECAUSE IT'S A VERY NARROW SITE, THERE'S NOT MUCH THERE. YOU DON'T HAVE A LOT OF LEEWAY AS TO WHERE THE PROPERTY CAN BE PUT. AND SO YOU'RE GOING TO BE LOOKING AT THE SAME SITE AND IT'S JUST GOING TO BE AN EYESORE. UH, WILLIAM, I MEAN, I WISH IT WAS, I WISH THERE WAS AN ANSWER AS TO HOW YOU CAN FIX IT OTHER THAN MAKING IT MORE AND MORE WIRE WITH, UH, WITH SPRINKLERS, BUT THAT'S REALLY ALL YOU CAN DO, BUT IT WASN'T FULLY, FULLY PERMITTED PROJECT. OKAY. ALL RIGHT. VERY GOOD. UH, SO LET'S, WE'LL CLOSE THE HEARING RELATIVE TO RECONSIDERATION AT THIS STAGE. SO, UM, HE WAS THERE TO SPEAK IN OPPOSITION. UH, YES, WE ACTUALLY DO HAVE SOME BORN TO SPEAK IN OPPOSITION. UH, AND, AND THIS WOULD BE ON THE RECONSIDERATION OF, UH, LEE. WOULD THAT BE, UH, WE'LL BE HERE OPPOSITION AT THIS POINT. YES. I THINK THAT WOULD BE APPROPRIATE FOR YOU. TAKE US OUT. ALL RIGHT. VERY GOOD. SO WE'LL REOPEN THE HEARING. SO THIS IS ONLY [G-1 C15-2020-0020 Durham Trading Partners XII 1401 E. 3rd Street] RELATIVE TO US RECONSIDERING THIS CASE. UH, IT, AND, AND IF WE DO, THEN WE'LL HEAR THIS LATER. SO, UM, WE HAVE BRYCE. ALISON, ARE YOU AVAILABLE, UH, ONLINE HERE? YES, I AM AVAILABLE. SO THIS IS IN RESPONSE TO THE APPLICANT OR MY POLL RIGHT [00:15:01] NOW. WE'RE WE'RE, WE MAY COME RIGHT BACK TO YOU. UH, BUT, UH, RIGHT NOW IT'S ONLY, UM, WHY WE SHOULD OR SHOULD NOT RECONSIDER THIS VOTE. OKAY. UM, YEAH, I WOULD SAY, YOU KNOW, NOTHING HAS REALLY CHANGED FROM LAST TIME. THE DENIAL WAS BASED ON THE FACT THAT THE SURVEY WAS DONE IMPROPERLY, AND IT WAS A TERRIBLE MISTAKE, BUT IT WAS A MISTAKE. THERE WERE OPPORTUNITIES THAT IT COULD BEEN CAUGHT EARLY ON, AND IT'S REALLY JUST COMES DOWN TO AN ISSUE OF SAFETY AND BEING TOO CLOSE TO MY PROPERTY TO HANDLE FIRE SAFETY. SO THE REASON THE DECISION HAVE MADE BEFORE NOTHING HAS CHANGED, THERE'S NO NEW INFORMATION TO BE HEARD IN THIS RECONSIDERATION. UM, THE FACT OF WHETHER IT'S A DUPLEX OR NOT A DUPLEX WAS NOT WHY THIS WAS DENIED. AND SO THAT REALLY DOESN'T HAVE ANY BEARING OR EFFECT ON IT. UM, BACK THEN, IT REALLY UNFORTUNATELY WAS, YOU KNOW, BASED OFF OF TWO SURVEYS THAT WERE DONE, THE FIRST PROPER SURVEY WAS DONE CORRECTLY, IT LOOKS LIKE THEN THEY DID ANOTHER ONE THAT THE FORUM SURVEY AND SHOWED A DISCREPANCY AND DECIDED TO GO WITH THAT ONE. UM, BUT THAT ERROR WAS MADE EARLY ON. UNFORTUNATELY IT WAS BROUGHT TO THE ATTENTION OF THE, UH, OF THE, UM, THE OWNER BROUGHT UP BY THE PLANNING COMMISSION BROUGHT UP BY THE NEIGHBORS EARLY ON. IT'S DOCUMENTED IN THE, UH, THE DOCS THAT WERE DISCUSSED LAST TIME. UM, SO THERE'S REALLY NO NEW INFORMATION. ALL OF THE, UM, THE, UH, FIRE RETARDANT WALLS AND SPRINKLERS WERE DISCUSSED BEFORE AS WELL. AND, AND THAT DOESN'T DO ANYTHING TO PROTECT MY PROPERTY OR TO DEAL WITH, UH, THE ABILITY OF FIRST RESPONDERS TO BE ABLE TO ENTER THE, THE, UH, THE PROPERTY LINE BETWEEN THE HOUSES WELL AND FACELIFT. AND SO THERE'S, THERE'S REALLY NO INFORMATION HERE THAT I'VE SEEN. I'VE READ THROUGH ALL THE, UH, THE DOCUMENTS THAT HE WAS PROVIDED. AND I DON'T SEE ANYTHING THAT WAS NOT DISCUSSED LAST TIME. OKAY. CAN WE SAY SOMETHING? CAUSE I WAS, I WAS NEVER THIS ABOUT MR. BLACK, WE WERE MAKING, UH, SO, UH, W WHERE YOU HAD, YOU HAD YOUR OPPORTUNITY TO TALK ABOUT THAT. IF WE CHOOSE TO HEAR, WE CAN HEAR THIS AGAIN, BUT AT THIS POINT YOU HAD TO SPEAK. OKAY. SO, UM, WE HAVE, UM, THE, UH, RECONSIDERATION ON ITEM G. THIS IS THAT WE TOOK LAST TIME. IS THERE A MOTION? I'M SORRY, GO AHEAD. YES, SIR. I WAS JUST ASKING IF WE WERE GOING TO DO ANY DISCUSSION WHERE WE CAN, WE CAN DISCUSS IF WE NEED TO, RELATIVE TO THE RECONSIDERATION ONLY, NOT THE MIRROR, THE MOTION TO RECONSIDER. OKAY. SO WE HAVE A MOTION BY MELISSA TO RECONSIDER, UH, IS THERE A SECOND? ANYONE? OKAY. UH, SO MR. CHAIR ALL SECOND IT JUST TO GET, JUST TO SEE WHAT THE VOTE, UM, IS. ALRIGHT, SO WE HAVE A MOTION BY MELISSA AND A SECOND BY ROOM. ALRIGHT. SO THIS IS A, UH, MOTION TO RECONSIDER. UH, JASMINE, DID YOU, DID YOU WANT TO DISCUSS IT? OKAY. ALRIGHT. SO WE HAVE A MOTION TO RECONSIDER, UH, ITEM G ONE BY MELISSA HAWTHORNE, THE SECOND BY RON MCMAHON ROLL. UH, LET'S GO AHEAD AND CALL THE ROLL. THIS IS ONLY TO RECONSIDER THE BOAT. UM, JESSICA, UM, MELISSA. OKAY. I I'M WRITING HERE, SO IT'S GOING TO BE EASIER IF YOU, AND THEY'VE ASKED THAT WE ACTUALLY DO. YES. OKAY. WILLIAM ABSTAIN. ALL RIGHT. UM, DON LAYTON DOORWAY, I'M GOING TO SAY YES. UH, WELL MCDANIEL. YES. ALRIGHT. UH, THEY WILL APPROVE IT. NO. OKAY. VERONICA RIVERA? YES. UH, YASMIN SMITH. YES. OKAY. ALRIGHT. LIKE ROLLING OVER ACTUALLY, MR. CHAIR, I RUN THROUGH THE PACKAGE IN DETAIL IS WALL AGAIN TODAY. I DIDN'T SEE ANY NEW INFORMATION AND I KNOW IT'S A TERRIBLE SITUATION, BUT I REALLY CAN SUPPORT THE VARIANCE. THIS IS WHERE PROFESSIONAL LIABILITY INSURANCE COMES IN. HE'S GOING TO HAVE TO TAKE IT UP INTO SURVEYOR. [00:20:01] IT'S A HOUSE AND SAFETY ISSUE TO GET FIRST RESPONDERS TO THE BACK. SO I CANNOT SUPPORT REVISITING IT. OKAY. ALL RIGHT. SO NUMBER, UH, KELLY. NOPE. ALRIGHT. AND MARTHA? YEAH. YES. OKAY. OH, I'M SORRY. ALRIGHT, THANK YOU. ALL RIGHT. SO WE HAVE, UH, THREE YES. VOTES AND ONE, SORRY, WE'LL HAVE FIVE BOATS AND ONE, TWO VOTES. SO THAT WOULD NOT PASS TO RECONSIDER THE CASE. SO THE DETERMINATION TO DENY, UM, CASE THE VARIANCE FROM OUR LAST MEETING STANCE. OKAY. SO MOVING AROUND, [C-1 C16-2020-0003 Joe Bucher for Mark Schlossberg 14231 Tandem Boulevard (Part 1 of 2)] WE'RE GOING TO GO AGAIN TO THE SPEAKERS IN OPPOSITION. UH, THIS WOULD BE ITEM C, C AS IN CAT, YOU KNOW, SINCE IN CATS HERE. UH, THIS IS, UH, CINDY, UH, UM, AND FORGIVE ME IF I PUT YOUR NAME, YOU SEE WHERE BAILABLE CINDY? HELLO, THIS THE CITY HALL TEXT ALUM LINE. THIS IS A CITY CITY HALL RIGHT HERE. WE'RE TRYING TO GET IN CONTACT WITH THE SYDNEY. CAN YOU REPEAT THE NAME? I THINK WE'VE LOST THEM. I THINK WE HAVE TO GET IN. THAT'S WHAT? THIS IS. CTM CITY HALL. CAN ANYONE HEAR US? HI. WE'RE TRYING TO GET NEW CONTACT RIGHT NOW. YOU SAID YOU'RE TRYING TO, IT'S A SPEAKER NAMED SYDNEY. YES. A SYMBOL. OKAY. A ONE MOMENT. THANK YOU. THANKS. EXCUSE ME, CINDY. CINDY. OKAY. ALRIGHT. VERY GOOD. ALRIGHT. SO A FEW TIMES. OKAY. ALRIGHT. VERY GOOD. THANK YOU FOR THAT. UM, ALRIGHT. SO, UM, LET'S GO AHEAD AND MOVE THEM DOWN TO ITEM E [E-1 C15-2020-0029 Ryan Bollom for John S Peet 1711 Waterston Avenue (Part 1 of 2)] AS IN EDWARD, AND THIS IS OLIVIA RELEASE AND THIS IS ON A C 15 DASH 2020 DASH TWO NINE 1711 WATER, SOME AVENUES OPPOSITION. THANK YOU VERY MUCH. I WILL TALK ABOUT TWO THINGS FIRST, FOLLOW THE LIGHT. AND THEN I'LL LIKE, LOOK AT THE HARDSHIP, EXCUSE ME. CONSCIOUS AREAS. WHEN YOU CONSIDER THAT SFC IS 5,700 FEET, HER LOSS AND SF 3,600. AND, UH, APPLICANT'S CURRENT HOUSE IS, UH, 64 OH ONE, I THINK A SQUARE FEET BLOCK. THERE'S A FAR GREATER DIFFERENCE. THEY'RE CLOSER TO THREE. THEY ONLY LOCK 300 FEET TO BE SHORT THAT THE MESS THAT THREE FOR AS, AS AN ASSET FOR THEY'RE OVER 1800 SQUARE FEET. SO THEY'RE TRYING TO GET THE MESSAGE OF THE SMALL LOSS. WHEN IN REALITY, THEY HAVE A BIGGER LOT THAT REALLY DOES PUT MORE TWO IN THAT STEP THREE. THOSE ARE, AND THE SETBACKS THAT THEY'RE ASKING FOR TO GO FROM THREE AND A HALF FEET ON THE SIDE VERSUS SPICY, WE'LL CREATE SOME INCREDIBLE MY DELEGATIONS, I THINK IN THE SENSE OF TRYING TO GET FIREFIGHTERS BACK THERE AND YOU CAN PUT THEM BACK, THERE WAS ONLY THREE AND A HALF FEET ON THE SIDE. AND THE NEXT THING IS, THEY ASK YOU FOR THEIR INSTANCE OF FIVE FEET, 10 FEET, SOME THAT , UH, FIVE [00:25:01] ADDITIONAL FIVE FEET WOULD MAKE A HUGE DIFFERENCE IN THEIR STRUCTURE BECAUSE THAT, UM, THAT SAID BEEN THERE FOR A LONG TIME AND IT'S NOT REALLY QUITE SEASONED MARRIOTT. IT USED TO BE AN ANIMAL SHATTER. NOW, I DON'T KNOW HOW THEY'RE USING IT. SO IT DOESN'T, THEY DON'T NECESSARILY NEED TO HAVE IT AND TO SEPARATE OUT. I THINK IT'S REALLY WHAT THE REALIZE THAT THEY REALLY DO COME, COME TO TWO OR THREE. SO WHEN I SUBMIT MY APPLICATION AND A COUPLE OF MONTHS, I EXPECT TO COMPLY WITH ENOUGH THREE, AND I WAS SAYING THAT THEY SHOULD ALSO, AS NEIGHBORS, THAT THING I WAS TALKING ABOUT IS A REASON FOR HARDSHIP. THEY'RE SAYING THAT WHEN HE WAS SAYING, NOT ALL HOMES ARE NEXT TO HIS HOUSE, WELL IN CLARKSVILLE, YOU ARE IN NEXT WOMEN'S CIRCLE HOUSE. SO THEY BOUGHT THAT HOUSE KNOWING THAT THEY WOULD GO HOME AND THEY SHOULD BE HELD ACCOUNTABLE FOR THAT KIND OF GEOLOGY. YOU MAKE THE PURCHASE. THEY'RE SAYING THAT THERE IS ONE HOUSE OF JASON TO THEM, 17, 17, THAT IS OVER THE, UH, THE FIVE, THE FIVE, UM, THAT, THAT ISN'T OVER MY ENGINE. AND IF I REMEMBER MY HISTORY CORRECTLY, WHEN I BOUGHT THIS HOUSE, LIKE THIS WHOLE AREA WAS OWNED BY SQUIRE JOHNSON AND HIS FAMILY, AND WE SLOWLY SOLD PIECES OFF. SO I DON'T KNOW IF 1731, I SET BACK OUR LEGISLATORS ON THE DEPARTMENTS THAT APPLIED, BUT THAT HOME HAS BEEN THERE 17, 13 BEFORE 1711. AND SO I'M ASSUMING WHEN IT WAS BUILT, IT WAS LEGAL. SO I GO BACK TO THE WHOLE IDEA THAT IF WE WILL USE THE, UH, THE SETBACKS ON THE SIDE, THEY'RE GONNA HAVE A TOTAL OF 6.6 FEET BETWEEN BOTH HOUSES. I DON'T SEE HOW A FIREFIGHTER WITH THE EQUIPMENT INGRID TO GET BACK THERE. I THINK THAT THERE'S A VERY, VERY DANGEROUS SITUATION AND HOPEFULLY WE'LL NEVER HAVE TO DEAL WITH THAT. IT WAS 34 WHEN HE FIREFIGHTERS RUN 3.3 IS NOT ACCEPTABLE. THEY OFFER SAYING THAT MANY OF THE MEMBERS NEIGHBORING GREENHOUSES AREA ON THIS HILL, THERE ARE MOM CONFORMING. WELL, WE'RE NOT CONFORMING BECAUSE THAT'S HOW WE WERE BUILT. I HAVE MY NEIGHBOR, THE SOUTH OF ME TO HAVE HALF THE LOCK THAT THEY HAVE AND ALL THE PARKS IS NONCONFORMING TO SOME EXTENT. SO I DON'T CONSIDER THAT TO BE A HARDSHIP. THAT'S A REALLY, I'VE NOT CONSIDERED THE BEAUTIFUL TREES THAT THEY HAVE BEEN PROTECTED BY THE CITY TO BE A HARDSHIP, EITHER ASK THEM FOR THE VARIANCE. SO THEY ESSENTIALLY SAYING, SO THEY COULD BE AFFORDED THE SAME RIGHTS AS PEOPLE AND OTHER PEOPLE BEING THEIR NEIGHBORS WHO KNOW SHE'S OVER BY EIGHT INCHES IN THE, IN THE SETBACK, THAT HOUSE IS ALREADY BUILT THERE. THAT PERSON THAT OWNS IT HAS NOTHING TO DO WITH IT. UM, SO I WILL SEE THEM HAVING A BILL DENIED ANY OTHER RIGHTS AND ANYBODY ELSE AND BUYS INTO A NONCONFORMING STRUCTURE. UM, THIS ISN'T, THIS IS A WHOLE LAYER WHERE THERE'S LOTS OF NON-CONFORMANCE STRUCTURES, AND WE JUST NEED TO MAKE SURE THAT WHEN SOMETHING HAPPENS IN THIS NEIGHBORHOOD, THEN IT'S MORE TO THE SPIRIT OF THE NEIGHBORHOOD. HE COMPLETELY FILLING UP A LOT IS HAPPENING TOO MUCH IN CLARKSVILLE. WALK THE CHARACTER OF THE PARKSVILLE. AND THAT'S NOT NEW, THE ACTUAL PHYSICAL CHARACTER OF CLARKSVILLE ANNOUNCING THE COMPLETE BUILDING ON THAT, ON THAT, UM, VERY, UM, SF THREE, CAUSE THEY WERE NOT COMPARED TO NSF FOUR. SO I'M ASKING YOU TO HOLD THEM TO THE STANDARDS CAUSE THAT'S WHAT SURROUNDS IT. UM, ANY QUESTIONS? QUESTIONS? YES. MELISSA, YOU JUST MADE YOURSELF KNOWN, SIR. DARN IT. UM, SO IS THIS HOUSE A CONTRIBUTING STRUCTURE OR IS IT JUST ADJACENT TO STORE OBSTRUCTIONS? UM, I DON'T KNOW THAT THEY'RE TRULY ON THE SIDE OF THE DISTRICT, SO YES IT IS PART OF THAT [00:30:01] DISTRICT DO NOT KNOW. OKAY. THANK YOU. ALRIGHT. ANY, ANY OTHER QUESTIONS THAT THE OPPOSITION? OKAY. ALL RIGHT. SO WE WILL CLOSE THAT PART OF THE HEARING. UM, AND, UH, WE'VE HAD ALL OF THE PEOPLE IN OPPOSITION TO SPEAK AND MOST, UH, CINDY SCHNUR WAS BECOME AVAILABLE AGAIN LAST AB, TEXAS SHE'S AVAILABLE. NOPE. OKAY. ALRIGHT. SO, UH, LET'S MOVE TO OUR [C-1 C16-2020-0003 Joe Bucher for Mark Schlossberg 14231 Tandem Boulevard (Part 2 of 2)] REGULAR AGENDA. WE WILL MOVE TO, UH, SIGNS NEW PUBLIC HEARINGS. THIS IS ITEM C ONE C 16 BY 2020, UM, JOE BOUCHER FOR MARK FROSTBURG, UH, AT, UH, 14 TO THREE ONE TANDEM BOULEVARD. THIS IS A REQUEST OF A SIGNED BEARINGS FROM BLIND DEVELOPMENT CODE. AND IF, UH, JOEL WAS AVAILABLE AND, AND MR. SHOULD BE SPEAKING, I JUST WANT TO BE SURE. UH, DURING THE TIME, AGAIN, THIS TIME, UM, TIMING, THE PRESENTATIONS WE SENT IN A PRESENTATION, CAN WE BRING THAT UP? WE'LL NEED TO BE SURE THAT AB TEXTS ARE AVAILABLE TO DO THAT BECAUSE AT THIS POINT I'M NOT HEARING THEM SPEAKING. SO IF YOU CAN JUST HOLD THEM FOR A SECOND, ELAINE, IS THERE ANYTHING WE CAN DO TO GIVE ANYTHING BACK ON? I AM NOT SURE. I AM WAITING JUST LIKE YOU GUYS ARE. OKAY. SO LET'S JUST HOLD FOR HELLO. WE'RE NEEDING TO HEAR FROM AB TECH RELATIVE TO, WITH TWO QUESTIONS AT HAND, ONE IS THE ABILITY FOR THE PRESENTATIONS AND TO BE SURE THAT THEY'RE HANDLING TIME, I CAN GO TO THE KITCHEN AND GET A TIMER IF YOU NEED THAT'S IT, THE BREAD IS DONE. TAKE IT ON. IF AFRICANS ARE ABLE TO MAKE PRESENTATIONS, IT'S A MOOT POINT. AGAIN, WE'RE WAITING FOR CITY AB STAFF HERE TO HELP US OUT. [00:35:59] DON. I DON'T KNOW WHERE IT STOP IS, BUT I SEE A SHARE BUTTON SO I CAN TRY TO SEE IF I CAN BRING UP THE PRESENTATION FOR THE FIRST CASE SINCE YOU THOUGHT IT WOULD WORK. YEAH. IF YOU CAN, IF YOU CAN DO THAT, WE NEED TO BE ABLE TO DO THAT. LET ME TRY THAT. OKAY. MR. BOUCHER DIFFICULTY WITH THESE TRYING TIMES, WHEREAS I THINK WE CAN, IF WE COULD GET IT PRESENTED, I CAN, WE CAN WORK THROUGH IT AND WE CAN ALL SEE IT. HOLD ON. I DO SEE THAT, YOU KNOW, SITTING HERE SHARING YOUR DESKTOP. OKAY. CAN YOU ALL SEE THAT? YES. OKAY. JUST TO BE CLEAR, ANYTHING ON THE VIDEO DISPLAY? NO, YOU'RE NOT GOING TO, UH, THE SPEAKERS WILL NOT. OKAY. OKAY. OKAY. YES. YOU CAN JUST TELL ME IF YOU HAVE IT. LIKE IF YOU HAVE IT IN FRONT OF YOU, JUST TELL ME WHEN TO MOVE TO THE NEXT SLIDE AND I WILL, IT LOOKS LIKE THERE'S ONLY FIVE SLIDES. THAT'S RIGHT. FOR THE SECOND SLIDE. WE'LL GO AHEAD AND GET STARTED. GOOD EVENING. MY NAME IS JOE BOOKER. I REPRESENTED SOUTHWEST VALUE PARTNERS. WHO'S THE OWNER OF THE PROPERTY AND THE APPLICANT. THANK YOU FOR ALLOWING ME THE TIME TO SPEAK ABOUT THIS TODAY. UM, WE INTEND TO FULLY COMPLY WITH THE REGULATIONS OF THE PROPERTY EXCEPT FOR SINGULAR SIGN, WHICH IS, IF YOU DON'T MIND GO TO THE SECOND SLIDE SIGN REGULATIONS FOR THIS PROPERTY. OKAY. SORRY. THERE'S A BIT, THERE'S A BIG DELAY. I'M JUST MAKING SURE Y'ALL SEE WHAT I'M LOOKING AT. WE JUST INSIDE REGULATIONS REALLY PLACE A 12 FOOT HEIGHT NUMBER. CAN YOU HEAR ME? HOLD ON. WE'VE GOT A, YEAH, I CAN HEAR YOU FINE. WAS THAT WRONG AS WELL? ALL RIGHT, GO AHEAD, MR. BOUCHER. I'M SORRY. THAT'S OKAY. UM, THAT LIMIT, IT IS ABSOLUTELY APPROPRIATE FOR COMMERCIAL SIGNS AS THEY RELATE TO NEIGHBORHOOD FEEDER ARTERIAL STREETS, WHERE THE SPEED IS LOWER TO THE SINUS, CLOSE TO THE DRIVER IS LEGIBLE FOR WAYFINDING. UM, WE'RE SPECIFICALLY REQUESTING RELIEF THIS TIME BECAUSE IT'S LOCATED ALONG THE MOPAC EXPRESSWAY AND MOPAC FRONTAGE ROAD, UH, TO ALLOW FOR A 30 FOOT TALL, 284 SQUARE FEET. UM, WHY WE'RE DOING THAT IS, YOU KNOW, OUR SIGNAGE IS DESIGNED TO ENHANCE THE BIG SITE THAT WE'RE DESIGNING HERE. UM, IT'S A MIXED USE OFFICE DEVELOPMENT. UM, IT NEGATES ANY KIND OF TREE REMOVAL. IT ALLOWS IMPROVED VISIBILITY DEFINED THAT WHAT WE'RE PROPOSING IS SCULPTURAL. IT'S ARCHITECTURALLY APPROPRIATE. IT'S VISUALLY ENHANCING. UM, AND THE GREATER SIGNAGE HEIGHT IS REALLY NECESSARY TO KIND OF ACHIEVE THE THINGS THAT SIGNS ARE SUPPOSED TO ACHIEVE, LIKE SITE IDENTIFICATION, INFORMATION WAYFINDING, UH, HELPING [00:40:01] PEOPLE KIND OF NAVIGATE. UM, AND IN THE FOLLOWING EXHIBIT, YOU JUST QUICKLY ILLUSTRATE WHY IT'S APPROPRIATE. NEXT SLIDE PLEASE. SO, UM, YOU KNOW, WE'RE NOT, WE'RE NOT REQUESTING TO SIGN VARIOUS FOR SOME SORT OF LARGE SCALE MARKETING PURPOSES. IT'S REALLY BECAUSE OF THE PROPERTY AND CONTEXTUAL CONDITIONS. UM, WE ARE DEVELOPING A SMALL COMMERCIAL FACILITY PLACED UP ON THE ROAD, BUT RATHER THIS BASTARD MIXED USE DEVELOPMENT SET BACK FROM BOAT PATH AND THE SERVICE ROAD, UH, THE DOMINANT SIGN REALLY NEEDS TO BE PLACED AT THE INTERSECTION WAS SHOWN TO PROPERLY BRAND AND PROVIDE THE PROPERLY FINDING, UM, THE SPEED OF THE TRAFFIC AND THE SCALE OF THE ROAD IN RELATIONSHIP TO THE SIGNS AND THE OVERALL SCOPE OF THE PROPERTY. UM, OUR SPECIFIC AND SPECIAL CONDITIONS AT THIS SITE THAT WARRANT A LARGER SIGNAGE SOLUTION AT THE CORNER. UM, AND THEN IN ADDITION, WE'RE NOT REQUESTING A VARIANCE THAT IS OUT OF SCALE WITH THE EXISTING CONDITIONS, THE SHELL STATION, WHICH IS IMMEDIATELY ADJACENT TO OUR PROPERTY. THE NORTH HAS ASSIGNED THE AREA AND HEIGHT THAT WE'RE REQUESTING. HE'S GOT TO THE NEXT SLIDE, SLIDE FOUR, FOLLOWING THE EXISTING SIGN WITH STANDARDS. YOU KNOW, OUR SIGN WOULD REALLY BE RENDERED UNREADABLE AND THAT'S, THAT'S KIND OF ILLUSTRATED IN THE TOP LEFT HAND CORNER OF THE, OF THE SCREEN. UM, THAT'S A 12 FOOT SIGN AT THIS SCALE OF IT, YOU KNOW, 60 FEET. UM, IT'S VERY, VERY DIFFICULT, UM, BECAUSE YOU KNOW, IT REALLY ERADICATES ABILITY FOR SITE IDENTIFICATION INFORMATION KIND OF POINTING AT THE DEVELOPMENT SIDE TO BE KIND OF AN OBJECT IN SPACE AND IT KIND OF ARCHITECTURALLY APPROPRIATE. IT'S NOT KIND OF FITTING, YOU KNOW, HITTING YOU WITH SOMETHING THAT'S INAPPROPRIATE OR VISUALLY INTRUSIVE. UM, AND THEN WE ALSO PUT THAT SAME SIGN IF WE WOULD PUSH IT ALL THE WAY UP TO THE ROAD AND PUT IT RIGHT NEXT TO THE ADJACENT PROPERTY. WE'RE SHOWING THAT IN CONTACT IN THE BOTTOM PART OF THE SCREEN TO SHOW THAT IT'S, YOU KNOW, SIZE WISE, YOU KNOW, KIND OF SCULPTURAL NATURE, AND IT'S NOT KIND OF ADVERSE TO THE EXISTING CONDITIONS AND CONTEXT BY WHICH THIS SIGN IS LOCATED. THAT IS THE END OF MY PRESENTATION. THANK YOU FOR YOUR TIME. THANK YOU SO MUCH. UM, SO WE'LL CLOSE THE PUBLIC HEARING. UM, ARE THERE ANY QUESTIONS OF THE APPLICANT? UH, I SEE KELLY BLOOM. SO IF THIS IS ABOUT WAYFINDING, UM, GIVEN WHERE THE EXIT RAMPS ON MOPAC ARE, AND THOSE DIRECTIONS YOU'D HAVE TO EXIT NO PACK WELDER BEFORE YOU GOT TO THIS PROPERTY BEFORE YOU WOULDN'T REALLY NEED THE BENEFIT OF THE WAYFINDING SIGN. SO I DON'T THINK THE PROBLEM YOU'RE SOLVING HERE IS I DON'T THINK YOU'RE SOLVING A PROBLEM HERE. I DON'T REALLY SEE THE NEED FOR THE VARIANCE GIVEN HOW PEOPLE WOULD ACTUALLY DRIVE IN THE AREA. OKAY. UH, MELISSA IN THE WRONG. SO YOUR PROPERTY SITS ON TANDEM AND THERE ARE LOTS THAT HAVE, BUT MOPAC AND THE EXHIBITS THAT I SEE CLEARLY SHOW TANDEM OUTLINED. WHAT ARE THE OTHER KNOBS THAT ARE ADJACENT TO MOPAC? SORRY, I DON'T QUITE UNDERSTAND THE, UM, SO WHEN I LOOK AT YOUR, UM, PACKET, THE LOT IS THERE ARE SEVERAL LOTS, AND THERE LOOKS LIKE THREE LOTS OF JASON TO HAVE THE TREES INTO PROGRESS. LOOK AT THE OUTLINE OF YOUR SUBMITTAL. WE'RE TALKING ABOUT THIS PROPERTY THAT IS NOT ADJACENT TO MOPAC. CAN YOU TELL US MELISSA, WHICH SHEET YOU'RE LOOKING AT? ARE YOU LOOKING AT THE SCENE? ONE, TWO, I'M LOOKING AT C ONE EIGHT, EIGHT OR . I MEAN, THERE'S LOTS, THERE'S THE NO STOP DRIVE. HELLO. YOU KNOW, MOPAC AND THEN THERE'S THIS NO STOP DRIVE. AND THEN TANDEM IS IT IS RUNNING HER BUTT NAKED. YEAH. ALL OF, ALL OF THE LOTS. I DON'T KNOW IF THIS IS ANSWERING YOUR QUESTION SPECIFICALLY, BUT I WOULD TRY TO ALL THE LOTS ARE PART OF THE MASTER DEVELOPMENT. UM, THE LOT LUNA SIGN IS, UH, IS ADJACENT TO MOPAC SERVICE IN TANDEM BOULEVARD FOR TOTAL LOSS AS PART OF [00:45:01] A MASTER BEDROOM. SO WHAT GOES ON THERE? OTHER LOTS? UM, IT WILL BE CURRENTLY, THERE'S AN OFFICE BUILDING LOCATED ON A BLOCK, WHICH IS UPPER RIGHT HAND CORNER. UM, THE OTHER, THE OTHER LOTS WILL EVENTUALLY BE DEVELOPED INTO OUR MACY'S OFFICE, UH, WITHIN RETAIL. OKAY. YEAH. THIS IS THE, THIS IS THE TANDEM SLASH DIGITAL SLASH COMPACT SLASH HP ENTERPRISE PROPERTY, CORRECT? YES, SIR. IT IS. SO I WORKED AT THAT SIDE FOR A WHILE. I DON'T RECALL ANY KIND OF WAYFINDING PROBLEM WITH THE EXISTING SIGNAGE OR LOCATIONS, THE EXISTING SIGNAGE. SO, SO YOU'LL HAVE TO PARDON ME, BUT THE MAIN ACCESS POINTS WHERE PEOPLE GET TO THAT SITE WERE VIA WELLS BRANCH PARKWAY. AND, UH, AND THEN THE, AND THEN WHATEVER THE NAME OF THAT NONSTOP LOOP OR NONSTOP PARKWAY THAT WENT BY THE EMPLOYEE, PARKING LOTS, I'M ASSUMING YOU GUYS ARE USING THOSE EXISTING ACCESS POINTS. YOU'VE GOT THREE DIFFERENT ENTRANCES TO THE PROPERTY THAT WILL ALL NEED SIGNAGE. AND I JUST DON'T RECALL ANY KIND OF WAYFINDING ISSUE, UM, ON THE SITE PRIOR. SO MAYBE YOU CAN EXPLAIN WHY THAT IS. AND, AND THE REASON WHY IS, IS THERE'S A LIGHT AT MERRILL TOWN AND, UM, AND THE MOPAC SERVICE ROAD WHERE CARS ARE ALREADY SLOWING DOWN. SO AT THE INTERSECTION OF NONSTOP, UM, THE SIGN THERE THAT IS, I BELIEVE IN COMPLIANCE WITH EXISTING REGULATIONS, UM, IS, IS SUFFICIENT TO GET PEOPLE TO TURN IN THERE. NOW, IF YOU'RE TRYING TO GET PEOPLE TO TURN INTO MERRILL TOWN AND THEN COMING, WHAT IS CURRENTLY ENTRANCE TO, TO THE SITE, I GUESS YOU COULD PUT ANOTHER SIGN SOMEWHERE, BUT I'M STILL NOT SURE WHY, UM, THE EXISTING REGULATION WOULDN'T BE SUFFICIENT. SO I DON'T KNOW THAT I CAN SUPPORT THE REG THE VARIANTS, BUT I'D LOVE TO HEAR YOUR REASONS WHY CAN'T WELL, THANK YOU FOR YOUR COMMENT. YOU KNOW, WE'RE, WE ARE TRYING TO HAVE THE SOUTHERN MORE DRIVE THE CAMDEN BOULEVARD SITE, UH, AND DRIVE MORE AS THE MAIN ENTRANCE INTO THE, INTO THE CAMPUS FOR THE FUTURE AND ACCORDING TO OUR MASTER PLAN. UM, SO OUR, OUR GOAL IS TO PUT THE DOMINANT DOMINANT SITE AND DOMINANT SIDE AT THAT CORNER. WAIT, SO YOU'RE TRYING TO GET THEM TO COMMENT ON TANDEM. WE'RE TRYING TO COME IN OUT ON TANDEM, OFF OF THE MOPAC. OKAY. SO THAT MAKES SENSE. SO YOU'RE TRYING TO GET THEM TO COMMENT ON TANDEM OFF OF IT WE'LL PACK, BUT AGAIN, THERE'S A, THERE'S A SIGN THERE THAT IS, THAT IS IN COMPLIANCE THAT DOESN'T SEEM TO CREATE A PROBLEM. UM, AND, AND I GUESS I'M JUST NOT, NOT CLEAR WHY THE, WHY THE EXISTING LOCATION AND SCALE OF THE SIGNAGE IS INSUFFICIENT. IT DEFINITELY FEEDS INTO THE LANDSCAPE. WE CAN FIND IT, THAT SIDE WAS VERY, VERY VISIBLE AT ALL, ESPECIALLY AT THE SPEED THAT YOU CAN GO ON MOPAC SERVICE. OKAY. OKAY. MICHAEL, TWO THINGS I'D LIKE TO ECHO KELLY'S COMMENTS, NUMBER ONE, PEOPLE NOT MOPAC, YOU KNOW, UNLESS YOU HAVE A SIGN THAT IS WAY OUT THERE BEFORE THAT EXIT. THEY'RE NOT GONNA, THEY'RE NOT GOING TO SEE THAT THEY'RE GOING TO DRIVE RIGHT PAST IT. UH, AND THEY WOULD HAVE TO LIVE AROUND ANYHOW. AND AS RAHM SAYS, THERE'S SEVERAL ALTERNATE, ALTERNATE WAYS OF GETTING ONTO THAT PROPERTY. THE OTHER SIGN THAT, UH, THE EXISTING SIGNAGE CORNER MERITON DRIVING MOPAC SERVICE AND BURNETT ROAD HAS BEEN THERE SINCE THEY'VE DONE BURNETT ROAD. OKAY. SO, UM, I MEAN BACK WHEN, UH, 3M USED TO HAVE ME OUT THERE THAT, THAT, UH, SHELL SHELL STATION HAS BEEN THERE. SO THAT'S, YOU KNOW, I DON'T WANT TO COMPARE THAT TO THE OTHER ONE, BUT, UH, ALSO WHAT HE'S ASKING FOR IS HE'S ASKING FOR A SIGN. IT IS FOUR TIMES, AND THIS IS A SCENIC ROADWAY. SO I NORMALLY DON'T, YOU KNOW, I MEAN, I'M VERY PARTICULARLY ON SCENIC ROADWAYS, EVEN THOUGH A LOT OF PEOPLE DON'T SEE MOPAC AS BEING SCENIC, YOU KNOW, AND THAT CAN BE ARGUED DEPENDING ON WHAT YOU'RE LOOKING AT WHILE YOU'RE DRIVING. BUT, UM, HE'S ASKING FOR THAT SIGN, THEY WANT TO INCREASE IT ALMOST FOUR TIMES 10 SQUARE FEET, SHORT OF FOUR TIMES OF WHAT'S ALLOWED WHAT'S THERE. AND THEN HE WANTS TO GO DOUBLE THE HEIGHT ON IT. I CAN'T SUPPORT THAT. AND I CAN'T SUPPORT IT IN LIGHT OF THE FACT THAT IF THEY'RE COMING DOWN MOPAC, THEY'RE NOT, THEY, THEY PASS THAT EXIT. IT'S ALREADY TOO LATE. THEY'RE NOT GOING TO SEE IT. SOMETHING'S GOING TO HAVE TO BE OKAY. SO THAT'S WHERE I'M STANDING, [00:50:01] JUST PIGGYBACK SOME OF THAT. SO A LOT OF THE RENDERINGS THAT WE'RE SEEING IN THE PRESENTATION ARE THE VIEW FOR MOPAC AT THAT IT, WITH THE OTHER SIGNS ALONG THE ACCESS ROAD, THEY'RE NOT VERY BIG EXCEPT THAT THAT FELLOW SIGN WITH MELISSA. SO I WANTED TO SAY THAT YOU DID A REALLY GOOD JOB WITH YOUR PRESENTATION. YOU WERE VERY ELOQUENT IN IT. I THINK THAT, UM, BEING THAT IT'S A MASTER PLAN AND THAT I CAN ONLY SEE THE ONE STRUCTURE AND NOT ANY OF THE STRUCTURES, OTHER STRUCTURES, OF COURSE, OTHER SIGNAGE OPPORTUNITIES, UH, WITHIN YOUR MASTER PLAN THAT I I'M STRUGGLING WITH IT. UM, YOU DID ARTICULATE IT VERY WELL. AND I UNDERSTAND IT'S JUST, IF YOU'RE GOING TO HAVE MIXED USE BUILDING OR AN OFFICE BUILDING OR WHATEVER IT IS UP ON THAT FRONTAGE ROAD, YOU MIGHT HAVE, UM, YOU KNOW, A REALLY GOOD OPPORTUNITY FOR A WALL SIGN THERE THAT WOULD PROBABLY BE TALLER THAN 30 FEET. SO I ACTUALLY FEEL LIKE WITHOUT THE INFORMATION ON THE MASTER PLAN, THAT I'M AT A DISADVANTAGE, AND IF YOU HAD THAT INFORMATION AVAILABLE, I WOULD CONSIDER POSTPONING THE CASE TO BE ABLE TO HAVE THAT. BUT AT THIS POINT I PROBABLY COULDN'T SUPPORT THE VARIANCE ON THE INFORMATION. YEAH. AND, AND, AND AGAIN, TO JUST PIGGY BACK SOME OF THE BACK TEETH FOR ME TO REALLY MAKE A TERMINATION ON THIS, I WOULD WANT TO SEE A VIEW OF THAT CORNER, UM, FROM THE SERVICE ROADS. UM, BECAUSE I THINK THAT THAT'S REALLY THE TELLING PART. YOU'RE NOT GOING TO SEE IT FROM THE SERVICE ROAD ON SOUTHBOUND SIDES. UH, AND THE OTHER THING IS THAT IN THE, UM, FINDINGS, ONE OF THE THINGS THAT IS EXISTING TREES, IT'S WHERE TO GO IN THE FACILITIES. UH, BUT IT WOULDN'T, THEY WOULDN'T OBSCURE THE SIGNAGE HERE. I DON'T THINK AT ALL. SO LIKE, I THINK IT'S REALLY JUST A DESIRE TO BE, UM, BIGGER THAN WHAT THE ORDINANCE ALLOWS. SO MELISSA, WAS THAT A MOTION IF, UM, IF THE APPLICANT HAD INFORMATION ON THE MASTER PLAN ON WHAT IT ACTUALLY LOOKED LIKE ADJACENT TO THE FRONTAGE, I'D BE WILLING TO MAKE A POSTPONEMENT. IF, IF NOT, I JUST THINK IT'S A LITTLE TOO EARLY. OKAY. ALL RIGHT. YES. MA'AM I BELIEVE WHAT DID YOU SAY THAT SQUARE AREA YOU WERE ASKING FOR? YOU LET HER IN 84 SQUARE FEET, YOU SAID 284, CORRECT. DID YOU SAY 284? YES, MA'AM THAT'S. OKAY. SO THAT'S NOT, WHAT'S ON YOUR APPLICATION. IT'S JUST 204. OKAY. AND IF I CAN CONTINUE, UM, IN THE SAME SLIDE, I KNOW IT SAYS IT'S AT 30 FEET INSTEAD OF SQUARE FEET. IS IT ALSO REFLECTING THE SQUARE FOOTAGE THAT YOU SEE? AND IF SO, IS IT THE TWO 84 YOU'RE SAYING NOW, OR THE TWO 47.87? I'M SORRY. THAT'S OKAY. THE IMAGE ON THE SCREENING SCALE ON THE APPLICATION AND APPLICATION MIGHT BE MORE SPECIFIC. OKAY. SO THAT WOULD BE TWO, TWO 48, 48. I'M SORRY. THAT'S OKAY. I JUST WANT TO MAKE CLEAR. THAT'S WHY WE'RE HERE. SO THE DEMONSTRATION ON THAT LAST SLIDE IS THE SIZE, THE, UH, 30 FEET INSTEAD OF 12 FEET. AND THE AREA CHARACTER BE TWO 47.87, RATHER THAN AM I UNDERSTANDING THAT CORRECTLY? THAT IS CORRECT. THAT IS CORRECT. INFORMATION WAS SHOWING YOU NEED TO TURN OFF YOUR MICROPHONE IF YOU'RE NOT SPEAKING. SO, BECAUSE WE'RE GETTING A LOT [00:55:01] OF ECHOING. OKAY, MICHAEL, GO AHEAD. THEY'RE NOT IN SERVICE, AWESOME PROBLEMS SO I CAN COUNT THE VOTES ALREADY. AND SO I'M JUST GOING TO MAKE A MOTION TO DENY THEY'RE GOING TO THEY'LL HAVE ANOTHER OPPORTUNITY TO BUY THE DAPPER ONCE THEY DEVELOP THOSE LOTS, BECAUSE THAT'S ALSO PART OF THEIR MASTER PLAN. I'D RATHER WAIT UNTIL THAT COMES AND JUST I'LL MAKE A MOTION TO DENY. DO WE HAVE A SECOND? WE HAVE A MOTION TO DENY BY MICHAEL BYRNE. OLIN. WE HAVE A SECOND WRONG. IS THAT A SECOND? IT IS, YES. ALRIGHT. WE HAVE A SECOND BY NICKNAME, DANIEL. ALL RIGHT. UM, WAS THERE ANY OTHER DISCUSSION OR QUESTIONS OF THE APPLICANT? OKAY. UH, AND IF WE DIDN'T DO SO ALREADY, WE'RE CLOSING THE PUBLIC HEARING. UM, SO, UM, WE HAVE A MOTION OR BY MICHAEL GRANOLA TO DENY A SECOND BY RON MCDANIEL. LET'S GO AHEAD AND CALL THE ROLE, JESSICA. YES. ALRIGHT. UM, MELISSA? NO. ALRIGHT. WILLIAM? YES. UM, DON, UH, YES. UH, ROM YES. ALRIGHT. UH, DARRYL APPROVE IT. YES. ALRIGHT. UH, VERONICA RIVER. YES. YES. UH RASMAN YES. MA'AM. YOU NEED TO TURN ON YOUR MICROPHONE PLEASE. SORRY, I'M HEADED. OKAY. SORRY. I'M HAVING LAG TIME. I'M NOT AFRAID. OKAY. ALRIGHT. THANK YOU. ALRIGHT. OKAY. KELLY BOON? YES. ALRIGHT. AND MARTHA? YES. OKAY. ALL RIGHT. SO, UH, WE HAVE, UM, CAN, UH, AFFIRMATIVE VOTES TO DENY AND ONE VOTE AGAINST, UH, SO THE MOTION OR THE REQUEST FOR THE VARIANCES DO NOT. ALRIGHT. CAN I JUST MAKE SURE THAT MY VOTE WAS YES, IT WAS. OKAY. ALRIGHT. UM, SO, UH, THAT'S ITEM C ONE, UH, LET'S MOVE [D-1 C16-2020-0002 Alkesh Patel for Lion Veldt 2600 Brockton Drive] ON TO ITEM D. THIS IS A SIGN RECONSIDERATION. UM, AND, UM, WE HAVE, UH, SO I GUESS THE FIRST, THE FIRST QUESTION FOR US, DID WE ALREADY, UM, JUST MAKE THE DECISION TO RECONSIDER THIS ONLY Y'ALL HAVE NOT. OKAY. ALL RIGHT. SO THAT'S THE FIRST DETERMINATION. SO, UH, SO IF WE COULD GET, UH, UH, MATT WILSON, UH, TO JUST SPEAK TO WHY, UM, IT SHOULD BE RECONSIDERED. ABSOLUTELY. IT'S UH, THIS IS MATT WILSON THINKING COMMISSIONERS. UH, SO THE REASONING FOR THE RECONSIDERATION OF THE CASE REQUEST TONIGHT IS DUE TO A NEW INTRO PROVIDED BY THE OWNER. UH, NUMBER ONE, BEING THAT, UM, THE TWO ELEVATIONS THAT WERE VIEWED LAST TIME, UM, THE NUMBER TWO PRIORITY OF THE TWO ELEVATIONS WAS APPROVED AND WE'D REQUEST FOR RECONSIDERATION, UH, TO IF THERE'S ONLY GOING TO BE ONE SIGN GRANTED FOR IT TO BE THE WEST VERSUS THE SOUTH. UH, AND NUMBER TWO, UM, WE BRING TONIGHT, UH, VISIBILITY PHOTOS FROM THE NORTH AND SOUTH ON BURNET ROAD TO HELP BETTER EXPLAIN THE REQUEST FOR TWO SIGNS. SO THAT'S THE REQUEST TONIGHT FOR RECONSIDERATION IS, UH, NUMBER ONE FOR THE WEST ELEVATION TO BE CONCERNED PRIMARY, UH, AND NUMBER TWO FOR THE OPPORTUNITY FOR THE COMMISSIONERS TO REVIEW THE PHOTOS, TO CONSIDER THE IMPORTANCE FOR IT TO THE A WALL SIGNS. OKAY. AND THOSE WERE THE, UM, THE TWO PHOTOGRAPHS, ONE SHOWING LOOKING OVER THE TOP AT SEVEN 11 AND MCDONALD'S AND THE OTHER ONE LOOKING OVER SHARPE BASING THEIR LITTLE STRIP CENTER. IS THAT CORRECT? THAT THAT IS NOT OKAY. ALRIGHT. VERY GOOD. ALRIGHT. SO WE'LL, WE'LL CLOSE THE, UH, HEARING RELATIVE TO THE RECONSIDERATION. DOES ANYBODY HAVE ANY QUESTIONS OF THE APPLICANT? MICHAEL GRANOLA, [01:00:01] MR. CHAIR? I DON'T HAVE A QUESTION FOR THE APPLICANT, BUT LOOKING AT OUR, OUR DECISION ON JUNE 8TH, WE DID GRANT HIM THE SOUTH BUILDING ELEVATION AND WE DENIED THE WEST. HE'S NOW TELLING US THAT THEY WOULD PREFER IF THEY ONLY GOING TO HAVE ONE THAT THEY HAVE THE WEST CORRECT. AND NOT REALLY THE SOUTH. SO WE'RE GOING TO HAVE TO, AND I'M ALL FOR GIVING THEM THAT ONE. UM, YOU KNOW, I WAS OUT IN THE DOMAIN THE OTHER DAY WITH MY MASK ON, OF COURSE, BUT I WAS OUT THERE. AND, UH, SO IF THEY WANT TO ALTERNATE THAT WE'RE GOING TO HAVE TO REVISIT AND OPEN UP, UH, RECONSIDER THE CASE I'M FOLLOWING WITH GIVING HIM THE WEST ELEVATION, BUT I'LL STATE MY POINT RIGHT NOW. I'M PROBABLY NOT GOING TO GO MUCH FURTHER THAN THAT ON SUPPORT IN ANYTHING ELSE. OKAY. ALRIGHT. VERY GOOD. AND MELISSA, DID YOU HAVE SOMETHING I'LL SECOND. OKAY. SO WHAT WAS THAT EMOTION MICHAEL SAID TO RECONSIDER IT? YES, SIR. WE'RE GOING TO HAVE TO DO THEM THE WEST ONE AND I THINK THAT'S THAT'S OKAY. ALRIGHT. ALRIGHT. VERY GOOD. SO WE HAVE A MOTION BY MICHAEL TO RECONSIDER AND A SECOND BY MELISSA WRITING ALL THIS STUFF DOWN. OKAY. SO LET'S, THIS IS JUST TO RECONSIDER D ONE AND THEN WE'RE GOING TO ACTUALLY DO THAT RIGHT AFTER THIS, IF IT PASSES. UH, JESSICA. YES. ALRIGHT, MELISSA. YES. ALL RIGHT. THANK YOU, WILLIAM HODGE? YES. I'M LATE MOREL. YES. RON MCDANIEL. SORRY. I WAS ON MUTE. SURE. OKAY. UH, DARRYL PRUITT. YES. ALRIGHT. VERY GOOD. UH, VERONICA? YES. ALRIGHT. UH, YOU ASKED ME YES. ALRIGHT, THANK YOU, MICHAEL. YES. ALRIGHT. KELLY. YES. ALRIGHT. AND MARTHA, OKAY. MARTHA IS NOT AVAILABLE, BUT THAT IS ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN THAT'S 10 VOTES. SO THAT'S ENOUGH TO, UM, UM, DIESEL RECONSIDERATION. ALRIGHT, SO WE WILL OPEN THE COUPLE OF CLEARING BACK UP. THIS IS ON THE ONE, UH, TO THE MERITS OF OUR RECONSIDERATION. THANK YOU. THIS IS MATT WILSON. AGAIN, THANK YOU FOR THE OPPORTUNITY TO RECONSIDER THE CASE VERY MUCH. APPRECIATE IT. UM, AND, AND I'LL JUST STATE AGAIN ON THE RECORD THAT, UM, FOR VISIBILITY'S SAKE, THE WEST ELEVATION IS THE FIRST PRIORITY, UH, OF THE TWO WALL SIGNS THAT WE, UH, ASKED FOR CONSIDERATION OF BOTH SIGNS TONIGHT. UM, THE VISIBILITY STUDY SHOWED THAT, UM, BOTH THE NORTH AND SOUTH ARE GOING TO BE HEAVILY USED TO FIND THIS HOTEL DEPENDING UPON WHERE TRAFFIC'S COMING FROM, WHERE YOU'RE TRAVELING FROM. AND, UH, WE FEEL THAT IT IS IMPORTANT, UH, SPECIFICALLY SINCE A MONUMENT IS NOT APPROVED, UH, FOR THIS AREA. AND THERE ARE EASEMENTS ALONG THE FRONT THAT DO NOT ALLOW FOR A FREESTANDING MONUMENT, UH, THAT THE TWO WALL SIGNS WOULD BE CRUCIAL FOR MOTORISTS SAFELY FINDING THE HOTEL, UH, SPECIFICALLY THE NATURE OF THE BUSINESS, BEING A HOTEL WHERE THERE'S NEW CUSTOMERS DAILY ATTEMPTING TO FIND THE HOTEL SAFELY, UH, SIGNAGE IS IMPORTANT. UH, SO WE'RE JUST LOOKING FOR BASIC IDENTIFICATION TO, UH, CONFIRM ARRIVAL AT THE DESTINATION. AND, UM, THE, AGAIN, THE WEST BEING THE FIRST AND THE SOUTH BEING THE SECOND, UH, THAT THE TWO PHOTOS PROVIDED, UM, SHOW, UM, WHAT WOULD BE COMING FROM, UH, THE DOMAIN OR FROM THE NORTH AND SHOWING THAT WEST ELEVATION SIGN A AND THE SECOND ONE BEING THE SOUTH, IF YOU WERE TO TAKE A BREAKER LANE OFF OF MOPAC AND THEN TRAVEL DOWN AND TURN NORTH TO FIND THE HOTEL, UH, COMING FROM THE SOUTH. SO THAT'S WHAT THOSE TWO PERSPECTIVES SHOW, UH, IN ADDITION TO THE NEIGHBORING HOTELS RESIDENTS IN THE HOME TO HAVE, UM, TO WALL SIGNS AS WELL, UH, FOR IDENTIFICATION THAT ARE JUST LOCATED JUST TO THE NORTH. UH, SO THAT'S THE REQUEST TONIGHT IS THOSE TWO SIGNS AND I'D BE HAPPY TO CHANGE ANY QUESTIONS FROM THE COMMISSIONERS. OKAY. UM, LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING. ARE THERE OTHER QUESTIONS? THE APPLICANT. OKAY. WELL, I HAVE ONE, SO, UH, WE'VE DISCUSSED IT. IT SOUNDED LIKE [01:05:01] THAT YOU SAID THAT IF WE WERE GOING TO, AS WE DID LAST TIME APPROVE ONLY ONE SIGN THAT YOU WOULD PREFER THE WEST-FACING SIGN TO BE THE ONE THAT WE WOULD APPROVE. THAT IS CORRECT. YEAH. THE WEST FACE, WHICH IS SOMEWHAT VISIBLE FROM BOTH SIDES. UM, NOT NECESSARILY AS MUCH COMING FROM THE SOUTH, BUT THAT GIVES US THE BEST CHANCE IF THERE WAS ONLY TO BE ONE A PRAIRIE, JUST BECAUSE OF THE SET BACK INVOLVED BEING AROUND 500 FEET FROM BURNET ROAD. CORRECT. OKAY. VERY GOOD. THANK YOU. WAS THERE A MICHAEL, I DON'T HAVE A QUESTION MR. CHAIR, BUT I'M GOING TO MAKE A MOTION TO APPROVE THE WEST SIDE. UH, ONE THING ABOUT WHERE THEY'RE LOCATED ALSO IN THAT DOMAIN AREAS IS THE SITE SIGNAGE IS VERY GOOD. THE OTHER HOTELS THAT WERE THERE, THAT WAS PROBABLY THE ORIGINAL MASTER PLAN AND THEY WERE APPROVED BEFORE THE SIGN, THIS, UH, THIS NEW ORDINANCE WAS UPDATED. UH, SO, BUT, UH, UH, I THINK, UH, MOVING IT TO THE WEST, I'LL MAKE A MOTION TO IMPROVE. UH, JUST BASICALLY WE'RE GOING TO SHIFT IT IS YOUR MOTION IS TO APPROVE A SIGN, THE SIGN ONLY ON THE WEST. CORRECT. OKAY. THANK YOU. IS THERE A SECOND DARYL? I WOULD JUST LIKE TO, TO MAKE SURE THAT WE WERE ONLY APPROVING SIGNED, IT DOES NOT EXCEED THE 217 SQUARE FEET IS WHAT THEY'VE ASKED FOR. IS THAT RIGHT, MICHAEL? CORRECT. YEAH. OKAY. SO WE HAVE A MOTION TO APPROVE WEST ONLY WITH THE STATED SIZE THAT IS IN THE APPLICATION AND THE SECOND BY DARYL, REALLY ANY OTHER DISCUSSION? I WAS SORRY, I WAS NOT HERE LAST MONTH. UNFORTUNATELY, PROMISE I WASN'T HAVING ANY FUN. UM, SO THE DOMAIN ACTUALLY IS A PLANNED DEVELOPMENT. IT'S, IT'S ONE OF THE FEW PROPERTIES IN THE CITY THAT ZONED L I PDA, AND IT ACTUALLY HAS ITS OWN SIGNED REGULATIONS. AND THEY, THE UNO SIGNS THAT ARE OVERLAID IN THIS AREA, I MEAN, YOU KNOW, IS MADE FOR STUDENTS AND WALKING AND, AND PEOPLE ON THE STREET. AND THIS WHOLE AREA KIND OF GOT THE SIGN REGULATIONS PUT ON TOP OF IT. AND IT'S 1400 ACRES AND IT'S 1400 ACRES PROBABLY BEFORE ITS TIME, BECAUSE IT'S NOT AS DENSE AND IT'S WALKABLE AS SAY CAMPUS AREA. SO I'M NOT OPPOSED TO HAVING BOTH THE SOUTH AND THE WEST SIDE, BUT I WILL BE WITH THE MAJORITY OF THEM. OKAY. THANK YOU, JESSICA. I AGREE WITH BOARD MEMBER HAWTHORNE, THIS NEW HOTEL, I MEAN, THESE HOTELS ARE POPPING UP ALL AROUND THERE BECAUSE OF THE NEW STADIUM AND THIS PARTICULAR HOTEL IS DIRECTLY ACROSS FROM THE STADIUM. YOU'LL BE ABLE TO SEE IT FROM THE PLEAT. YOU'LL BE ABLE TO SEE IT FROM THE PARKING. HONESTLY, I KNOW IT ORIGINALLY THAT'D BE TO GO WITH ONE SIGN, BUT I'VE ALWAYS BEEN OKAY WITH BOTH SIDES. THAT AREA IS GOING TO CHANGE VERY, VERY QUICKLY. UM, PEOPLE ARE GONNA WANT TO BE STAYING THERE AND IT SHOULD BE EASIER FOR THEM TO FIND IT. IF BOARD MEMBER OF OUR NOLAN IS OPEN TO IT, I'D BE OKAY WITH THOSE SCIENCES DEPENDING ON HOW EVERYONE ELSE FEELS. OKAY. ALL RIGHT, MICHAEL, I SEE YOU WAVING YOUR HAND THERE. AND ACTUALLY, UH, COMMISSIONER CALLING UNDER NORMAL CIRCUMSTANCES I WOULD BE, WOULD HAVE BEEN, BUT YOU ALSO HAVE TO KEEP THEM LIE. THAT PART OF BURNETT IS GETTING DEVELOPED LIKE CRAZY. UM, AND IT THERE'S SIGNS POPPING UP LEFT AND RIGHT. AND WITH THE ADDITIONAL LIGHTING FROM THE STADIUM AND IT'S, IT'S OVER HERE IN MY NECK OF THE WOODS SORTA IT'S, IT'S JUST ALL SIGNAGES IS GOING OUT ON SCENIC ROADWAYS AND IN AREAS WHERE WE'RE GETTING SO MUCH LIGHT POLLUTION, UM, I CAN WALK OUT ON MY DRIVEWAY AND I CAN'T SEE THE STARS ANYMORE BECAUSE THERE'S SO MUCH LIGHT OUT. AND SO I'M TRYING TO GIVE PEOPLE SOMETHING, SOME RELIEF, BUT NOT JUST, JUST GIVE UP, PUT EVERYTHING OUT THERE. THE OTHER THING IS, IS WITH MODERN DAY TECHNOLOGY AND AN IPHONE, OR EVEN MY ANTIQUE SAMSUNG FIVE THAT I HAVE, UH, I CAN GPS THE PLACE AND GET THERE. SO, YOU KNOW, THAT'S, THAT'S WHERE I'M STANDING ON IT. SO I'M SORRY. I, I DON'T WANT TO ACCEPT A FRIENDLY AMENDMENT AT THIS STAGE. AND, UM, IS, UH, LESS THAN A YEAR AGO, THE CITY COUNCIL APPROVED, UM, UH, CHANGES TO THE, [01:10:01] YOU KNOW, UM, ORDINANCE AND, AND IN PARTICULAR ALLOWED, YOU KNOW, TO BE IN NORTH BERGEN GATEWAY AND OTHER AREAS OF TOWN, THE SAME REGULATIONS THAT WERE BEING USED AT THE UNIVERSITY WITH THE EXCEPTION THAT THEY MADE A MISTAKE IN WRITING THE ORDINANCE. AND THEY ARE RECTIFYING THAT AT, UH, COACH AND ORDINANCES RIGHT NOW, BUT THAT ONLY HAS TO DO WITH ILLUMINATION. IT HAS, IT DOESN'T HAVE ANYTHING TO DO WITH, UM, UH, SIZE OF SIGNS AND OTHER RESTRICTIONS THAT YOU KNOW, WOULD PUT ON THERE. SO, UM, OKAY. ALRIGHT. UH, YEAH, VERONICA, LET ME THEN ASK THE APPLICANT. UM, DO YOU NEED TO HAVE BOTH SIGNS WITH HER? UM, I THINK WHAT YOU'RE HEARING IS THAT YOU'RE GOING TO GET A WEST SIGN LIT. WHAT DO YOU NEED THE SOUTH SIDE? THIS IS MATT WILSON, AGAIN, APPLICANT. UM, WE WOULD PREFER TO HAVE TWO SIGNS IF IT COMES TO A POINT TO A POINT WHERE ONE OF THEM CANNOT BE ELIMINATED, THAT WOULD BE BETTER OFF BECAUSE WE FEEL THAT IT'S VERY IMPORTANT FOR EVERYONE TO SEE THOSE ELEVATIONS TO GET TO THE HOTEL. BUT OBVIOUSLY THIS, MOST OF THE CUSTOMERS THAT ARE FINDING THIS BUSINESS ARE AFTER IT'S DARK. UM, SO ILLUMINATION IS KEY FOR THE SUCCESS OF THE BUSINESS FOR PEOPLE FINDING THE HOTEL SPECIFICALLY SENT IT'S SET SO FAR OFF WHERE SOME OF THE OTHER HOTELS ARE RIGHT UP AGAINST BURNET ROAD, AND IT'S HARD TO MISS THEM. WE'RE BEHIND A PRETTY LARGE OFFICE BUILDING, UH, WITH COMPETING TREES AND NEIGHBORING BUILDINGS. SO, UH, THE FACT THAT, UM, THE BUILDING SETBACK, IT'S IMPORTANT FOR THOSE TWO SIGNS TO BE SEEN. OKAY. YEAH, MICHAEL, THAT I CAN, I CAN GO FOR WITH GIVING THEM THE TWO SIGNS HAVING THE WEST SIDE. UM, I THINK THAT'S SPLITTING THE BABY A COMPROMISE VERONICA, AND I CAN SUPPORT THAT IF YOU'RE GOING TO MAKE THAT AMENDMENT, I'D LIKE TO MAKE THAT. OKAY. SO, SO WE HAVE A FRIENDLY AMENDMENT TO ALLOW BOTH SIGNS WITH THE SOUTH SIGN, NOT BEING ELIMINATED, THE WEST SIDE, BEING ELIMINATED, AND WE HAVE A SECOND BY DARYL DURAL. ARE YOU OKAY WITH THAT? UM, I MEAN, I GUESS SO, UM, I'M LOOKING AT THIS WEST ELEVATION VERSUS THE SOUTH HERE, AND I THINK YOU'RE GOING TO HAVE TO SPEAK UP DARYL. I'M SORRY. I THINK, I THINK, I THINK MICHAEL'S CONCERN ABOUT THE LIGHT POLLUTION AND GIVEN THE FACT THAT WHILE IT MAY, PEOPLE ARE NOW CONCERNED ABOUT THE, YOU KNOW, REGULATIONS, THE FACT IS CITY COUNCIL, YOU KNOW, IMPOSE THOSE ON, ON THE, ON THESE TRACKS OF LAND. SO I'M NOT, I MEAN, IF THAT'S WHAT EVERYBODY THINKS THEY WOULD LIKE TO DO, I WOULD BE OKAY WITH THAT. UM, AS LONG AS THE SOUTH ELEVATION IS NOT ILLUMINATED. OKAY. ALRIGHT. SO IT LOOKS LIKE, UH, WE HAVE, UH, UH, THE FRIENDLY AMENDMENT TO, UH, DO THE MOTION TO ARREST ONLY, UH, THAT SIGNS ON WEST AND SOUTH WAS, UM, SOUTH NOT ILLUMINATED. AND, AND HONESTLY, I THINK WHEN YOU LOOK AT, UM, FROM MY PERSPECTIVE, UH, ON, UM, THE PRESENTATION WITH, UH, UH, THE SOUTH ELEVATION, AND YOU'RE SEEING THAT SOUTH SIGN, I THINK IT'S GOING TO GET MISSED MOST OF THE TIME TO BE HONEST, BUT THAT'S, THAT'S JUST MY, MY OPINION ABOUT THAT. UH, AND, AND AGAIN, IT SORT OF FLIES IN THE FACE OF WHETHER OR NOT WE'RE GOING TO HONOR, YOU KNOW, SEWING REGULATIONS IN OTHER PARTS OF THE SHITTY OR NOT, YOU KNOW, UM, IF PEOPLE COME BACK TO US AND ASK, YOU KNOW, ABOUT SCENIC ROADWAYS, WELL, I DON'T THINK IT SCENIC, YOU KNOW, SO ALL BLAH, BLAH. SO ANYWAY, I JUST, I'M NOT SURE THAT THAT'S A GOOD CALL, BUT, UH, UH, BUT THAT IS THE MOTION. SO WE HAVE A MOTION TO ALLOW SIGNS ON BOTH THE WEST AND THE SOUTH WITH THE, UM, SOUTH SIDE, NOT BEING ELIMINATED. LET'S GO AHEAD AND CALL THE ROLL. YOU WANT THE FINDINGS FIRST SEMESTER? I'M SORRY. YES, THANK YOU. OKAY. THE VARIANCE IS NECESSARY BECAUSE OF STRICT ENFORCEMENT OF ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE. CONSIDERING THE UNIQUE FEATURES OF THE SITE, SUCH AS DIMENSION, LANDSCAPING, [01:15:01] TYPOGRAPHY, BECAUSE THE PROPOSED SIGNS AT THE LOCATION ARE IN LINE WITH THE EXISTING SIGNS IN THE NEIGHBOR OF BUSINESSES AND ARE APPROPRIATELY SCALED TO THE SIZE OF THE BUILDING. AND THEN I'M GOING TO SKIP THE, OR, OR, AND JUST GO TO GRANTING THE VARIANCE WOULD NOT PROVIDE THE APPLICANT WITH A SPECIAL, SPECIAL PRIVILEGE, NOT ENJOYED BY OTHER SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED BECAUSE DUE TO THE NATURE, DUE TO THE NATURE OF THIS HOTEL BUSINESS, THERE WOULD BE CUSTOMERS LOOKING FOR THIS LOCATION AT NIGHT. I'M JUST GONNA LET IT GO WITHOUT ILLUMINATED SIGNS AND NO MONUMENT PYLON. IT WOULD BE VERY HARD TO FIND THE LOCATION. THIS IS A GROWING AREA NEAR THE DOMAIN. IT WOULD BENEFIT ALL TO SEE THE LOCATION. OKAY. IS THERE ANYTHING IN CYCLE? OKAY, THANK YOU. ALRIGHT, SO WE HAD THE FINDINGS, WE HAD MOTION TO APPROVE AS I SPOKE. IT HAD A SECOND BITE DARRYL. LET'S GO AHEAD AND TAKE THE ROLE, JESSICA. YES. OKAY, MELISSA? YES. WILLIAM. YES. I WILL GIVE A RELUCTANT. YES, I'M WRONG. AND EVEN MORE RELUCTANT. YES. ALRIGHT, THANK YOU, DARRYL. A RELUCTANT, YES. OKAY. UH, VERONICA? YES. ALL RIGHT. THANK YOU. UH, YES, MA'AM RELUCTANT. YES. OKAY. OKAY. MICHAEL? YES. OKAY. KELLY? NO. ALRIGHT. AND MARTHA? YES. OKAY. ALRIGHT. YOU GOT YOUR VARIANCE, UH, RECONSIDERATION. UM, SO CONGRATULATIONS. THANK YOU SO MUCH. ALRIGHT. ALRIGHT. LET'S MOVE [E-1 C15-2020-0029 Ryan Bollom for John S Peet 1711 Waterston Avenue (Part 2 of 2)] ON TO, UM, ITEM, UH, E ONE E AS IN EDWARD, THIS IS ITEM C 15 BASED 2020 BASIS. HE GOES ZERO TO NINE, RYAN BOLAM, UH, FOR JOHN S P AT 1711 WATERSTON AVENUE. AND WE, AS YOU RECALL, WE HAD, UH, MS. OLIVIA RUIZ SPEAKING IN OPPOSITION OF THIS, UH, EARLIER, UM, WAS AB STAFF, UM, READY TO, UH, HOLD THE PRESENTATION UP. WHAT IS IT AGAIN? CTM SCENARIO HALL. UH, WHICH PRESENTATION? E ONE EDWARD ONE. ANYONE. OKAY. I HAVE A PDF FOR RYAN BOLEM OKAY. VERY GOOD. IF YOU CAN. YES, SIR. SHALL I BEGIN? LET'S GET YOUR PRESENTATION UP FIRST. WE'LL GIVE YOU A, OKAY. GIVE US JUST A MINUTE MORE. OKAY. THE FIRST PAGE IS UP AND VISIBLE TO THE, I AM RUCK CHECK FOR JOHN PETE AND MOLLY ROSENBLATT, THE OWNERS OF AN 800 SQUARE FOOT, NOT HISTORIC, SINGLE STORY HOME AND HISTORIC COLLECTIBLE NEIGHBORHOOD. JOHN AND MOLLY ARE EXPANDING US 150 SQUARE FOOT ADDITION TO ACCOMMODATE THEIR WORK AND FAMILY AS IT GROWS. AND THE KEY ISSUE HERE IS THAT THEY WOULD LIKE TO KEEP THE ADDITION ALL IN ONE STORY BECAUSE THERE EXISTING PROTECTED TREES AND RESPECT THE EXISTING HISTORIC CHARACTER OF THE NEIGHBORHOOD, BUT THEY REQUIRE A BEARING TO DO THIS. THEY HAVE A SMALL LOT WITH A LARGE AMOUNT OF TREE COVERAGE. SO WE ARE REQUESTING AN INCREASE IN PREVIOUS COVERAGE, BUILDING COVERAGE AND SETBACKS. NEXT SLIDE, BLACK HIGHLIGHT IS 1711 WATERSTON. YOU CAN SEE THIS PART OF UNIQUE SUBDIVISION AND IT'S A SMALL LOT SIZE COMPARED TO THE REST OF THE NEIGHBORHOOD SLIDE. ALL THE NEIGHBORING HOMES ARE SINGLE STORY. OKAY. HOLD ON JUST A MINUTE HERE. AND YOU'RE NOT SEEING THE PRESENTATION. OKAY. ALL RIGHT. TO THE BOARD MEMBERS AND THAT'LL BE THE REVISED PACKET. NO REQUEST HERE. HERE WE GO. ALL RIGHT, GO AHEAD. I'M SORRY, APPLICANT. YOU CAN GO AHEAD. SHOULD I START? WHERE SHOULD I START FROM PAGE THREE? OKAY. [01:20:01] PROJECTING PAGE THREE OF THE PRESENTATION RIGHT NOW. CAN YOU VERIFY THAT? YES. OKAY. SO THEN YEAH, YOU CAN GO AHEAD AND SPEAK FROM PAGE THREE. OKAY. THANK YOU. ALL THE NEIGHBORING HOMES ARE SINGLE STORY. THE TWO NEIGHBORS DIRECTLY TO THE WEST ARE DESIGNATED AS HISTORIC ALTERATIONS BY THE NEIGHBORHOOD PLAN. AND WE ARE A FEW HOUSES DOWN FROM THE NATIONAL REGISTER OF HISTORIC HOME. NEXT SLIDE. UH, THE SLIDES JUST SHOW YOU THE STREET VIEW OF MASS SCALE TREES AND PLANTING ALONG THE STREET WITH 1711 ON THE TOP LEFT OF ON THE LEFT AT THE TOP IMAGE AND PHOTOS OF THE FRONT FACADES OF EACH OF THEIR DIRECT NEIGHBORS BELOW. THAT SHOULD BE THE NEXT SLIDE. UM, WE'RE, WE'RE A SLIDE BEHIND. OKAY. SO VR, NOW I'M GETTING CONFUSED. SO ARE WE LOOKING AT A, UH, AT THE PHOTOS OF THE HOMES? UH, WE WERE NOT, WE WERE LOOKING AT THE SLIDE RIGHT BEFORE THAT, THE BLOCK PLAN. OKAY. SO FOR, UH, IF WE CAN LOOK AT THE PHOTOS OF THE HOMES, UM, SO THIS SHOULD SHOW YOU THE TREES AND, UH, THE EXISTING HOUSE, SO YOU CAN GET AN UNDERSTANDING OF THE CHARACTER. OKAY. OKAY. OKAY. SO, UM, THE HOUSES IN GREEN BEAR ARE, ARE IN, UH, ARE CONTRIBUTING HISTORIC WITH ALTERATIONS. THE OUTS IN BLUE IS A NATIONAL REGISTERED HISTORIC HOME. SO YOU CAN GO AHEAD, SKIP NEXT SLIDE. UM, AND THEN WHAT YOU SHOULD BE SEEING ARE IMAGES. UH, SO THERE WE HAVE IMAGES OF THE HOUSE, UM, THEIR HOUSES ON THE LEFT AND THE TOP IMAGE. OKAY. WE NEED TO GO BACK ONE, HOLD ON JUST A MINUTE. UH, AB STAFFING NEED TO GO BACKWARDS. ALRIGHT, THANK YOU. GO AHEAD. SORRY. I'M REALLY HARD. IT'S HARD TO KNOW WHERE YOU GUYS ARE AT RIGHT NOW. WE'RE SEEING BEHIND YOU. WE'RE SEEING THE PHOTOGRAPHS WITH A SEVEN 11, UH, WATERSON AT THE TOP AND THE DIRECT NEIGHBORS AT THE BOTTOM. OKAY. AND SO THAT'S, THOSE ARE THAT, THAT'S THE STREETSCAPE THAT WE'RE WORKING WITH. UM, UH, SO IF YOU GO TO THE NEXT SLIDE, UM, THIS IS THE OLD WEST AUSTIN NEIGHBORHOOD DESIGN GUIDELINES ASSETS TO MAINTAIN CONSISTENT MATH AND SCALE NOTE BACK BUILDINGS WITH PARKING ON THE SIDE OF THE HOUSE AND MAINTAIN STREET TREE. SO WE, WE INTEND TO DO THIS. IF YOU GO TO THE NEXT SLIDE, UM, THESE ARE TWO EXAMPLES OF HOMES THAT YOU SHOULD SEE THAT THE NEIGHBORHOOD PLAN CONSIDERS NOT COMPATIBLE WITH THE ORIGINAL DESIGN INTENT OF THE NEIGHBORHOOD. THESE ARE RELATIVELY UNASSUMING HOMES, BUT THEY ARE TWO STORIES WITH PARKING IN FRONT OF THE HOUSE. SO IF WE LOOK AT THE NEXT SLIDE, OUR LOT HAS A SUBSTANDARD WITH A 43 FOOT SUBSTANDARD DEPTH OF 125 FOOT AND OVERALL SIZE OF 5,400 SQUARE FEET. IF WE GO TO THE NEXT SLIDE, THE NEIGHBORS TO THE WEST ARE NONCONFORMING. THEIR HOUSE HAS ONLY SET BACK 4.3 FEET FROM THE LOT LINE. THE NEIGHBOR TWO DOORS DOWN CROSSES A LOT LINE AND THE NEIGHBOR IN THE BACK IS ALLOWED TO COA SETBACK OF FIVE FOOT SINCE IT IS THEIR SIDE SETBACK. OKAY. I'M GOING TO GIVE YOU A MINUTE FOR THE TIME THAT WE LOST THERE. SO GO AHEAD. YOU HAVE ONE MORE MINUTE. OKAY. UH, IN 2011, THE NEIGHBOR, THE WEST NEIGHBOR WAS GRANTED A PERMIT TO IMPLODE THEY'RE NONCONFORMING WITH TEXT THAT HAPPENED IN 2011. UM, THERE TOO. NEXT SLIDE, I GUESS, CAN WE JUST SKIP TO OUR DESIGN PROPOSAL AND I'LL SHOW YOU WHAT'S GOING ON SINCE WE'RE DOWN TO ONE MINUTE, UM, PAGE 15, UM, OUR DESIGN PROPOSAL IS A ONE STORY ADDITION TO RESPECT THE NEIGHBORHOOD CHARACTER WHILE WORKING AROUND TREES AND PROVIDING SOME RELIEF FROM SOME OF THE NEIGHBORS, YOU HAVE TO JET TO DESIRE TO PRESERVE LIGHT AND AIR. UM, BUT IT REQUIRES LARGER BUILDING COVERAGE AND PREVIOUS COVERAGE TO DO SO. SO WE'RE ASKING FOR 55% BUILDING COVERAGE AND 65% IN CURB AND PURCHASE COVERAGE, UM, LIMITS, WHICH ARE PART OF THE CODE ALREADY 25 TO SEVEN, SEVEN, NINE ATLANTA DEVELOPMENT CODE. ALL THAT HE DOES. HE MAKES THESE LOTS, THESE LIMITS FOR SMALL LOTS, MANY NEIGHBORHOOD PLANS ACROSS THE CITY, UH, ADOPTED THESE THIS CODE, BUT CLARKSVILLE DID NOT, UM, IN THEIR PLAN, HOWEVER, BOTH NEIGHBORHOOD ASSOCIATIONS HAVE SUPPORTED THIS PROPOSAL. YOU'RE PROPOSING [01:25:01] A 1500 GALLON UNDER DECK RAINWATER COLLECTION TANK, WHICH HAS MORE THAN A MONTHLY AVERAGE RAINFALL. THIS, WHAT IT'S SHOWING RIGHT NOW IS NOT OUR PROPOSAL. UM, THAT IS WHAT WE'RE SHOWING YOU AN EXAMPLE OF NOT, UH, NOT, NOT WHAT WE WANTED TO DO AND WHAT THE CODE DOES ALLOW A THREE STORY, UH, A THREE STORY BUILDING. OKAY. SO WILL, IT SHOULD BE ON THE NEXT PAGE. WE HAVE TO TAKE A LOOK AT THAT AND WRAP UP. OKAY. SO LET'S PUT, LET'S CLICK TO THE LAST, VERY LAST PAGE, IF YOU CAN CAUSE A MESS. UM, THE LAST PAGE SHOULD BE SHOWING THE REINJURED STREET DEALER PROPOSAL AND THEIR LETTER SUPPORT THE CLARKSVILLE COMMUNITY DEVELOPMENT CORPORATION STATEMENT. JOHN AND MOLLY QUOTE HAVE TRULY GONE ABOVE AND BEYOND AND THEIR EFFORTS TO DESIGN AND ADDITIONAL ADDITION THAT FITS WITH THE NEIGHBORHOOD AND TAKES THEIR NEIGHBORS INTO ACCOUNT. UM, BAR DESIGN IS ASKING FOR LESS THAN HAS DESIGNATED BY EXISTING CODE FOR SMALL LOTS. IT'D BE BARELY NOTICEABLE FROM THE STREET, MAINTAINING THE CHARACTER OF THE NEIGHBORHOOD, RESPECTING THE HISTORIC NEIGHBORS, UH, PRESERVING EXISTING TREE CANOPY. UM, SO HOPEFULLY I'M NOT SURE WHAT YOU GUYS UNDERSTOOD FROM THAT. IT'S LIKE, OKAY, I THINK WE HAVE ENOUGH. THIS IS THE, THIS IS THE PROPOSAL. OKAY. VERY GOOD. THANK YOU. WELL, I'M SURE WE'LL HAVE QUESTIONS. OH, SO LET'S CLOSE THE PUBLIC HEARING AND, UH, I WOULD LIKE US TO GO BACK TO, UH, LET ME SEE. ONE, TWO, LET'S GO BACK TO SLIDES TWO 16. OKAY. SO, UH, THIS, MY UNDERSTANDING IS THIS IS THE PROPOSAL FOR THE FOOTPRINT. IS THAT CORRECT? THAT IS CORRECT. OKAY. WE'RE TRYING TO AVOID THESE PROTECTED TREES AS MUCH AS POSSIBLE. OKAY. ALRIGHT. SO, UM, ONE OF THE QUESTIONS THAT I HAVE IS, UH, I DON'T SEE ANY REASON WHY ON THE, UM, IS NORTH UP CORRECT NORTH? OKAY. NORTH NORTH IS, IS NOT UP. NORTH IS OKAY. NORTH OR SOUTH. OKAY. SO ON THE WEST SIDE WE HAVE 4.2 AND 4.2. UM, I DON'T UNDERSTAND WHY THAT CAN'T BE FIVE FEET AND THE SAME WITH THE, UH, SETBACK ON THE BACKSIDE. AND THE SAME AS THE SETBACK ON THE, THIS IS ALL BRAND NEW CONSTRUCTION. WHAT IS DRIVING, WHAT WE'RE ACTUALLY ASKING? SO THE CARPORT, WHICH I WASN'T ABLE TO DISCUSS PROPERLY THE CARPORT, THEY WANT TO HAVE A NINE FOOT WIDE CARDBOARD ON THE SIDE OF THE HOUSE. AND SO THAT REQUIRES A THREE AND A HALF FOOT SETBACK TO GET NINE FOOT OTHERWISE, WHICH IS A TYPICAL PARKING SPACE, A VERY TIGHT PARK WORK. UM, SO THAT IS DRIVING THE THREE AND A HALF SETBACK. SO WE'RE JUST TRYING TO AVOID THE 19 INCH PECAN. UM, SO THAT'S WHY WE TRY, WE ARE TRYING TO PUSH THE HOUSE AS FAR BACK AS POSSIBLE TO AVOID THAT 19 INCH BECOME NOW. YES, GO AHEAD. ON, ON LAST YEAR. SO I DON'T HAVE ISSUE WITH THOSE SETBACK FOR THE CAR PORT, BUT I THINK I'M KIND OF WITH YOU ON THE REST OF THE ENCROACHMENT ON THE WEST SIDE AND THE ENCOURAGEMENT ON THE REAR SIDE, WHEN I LOOK ACROSS THE STREET AND SEE TWO-STORY CRAFTSMEN RIGHT ACROSS THE STREET. RIGHT. RIGHT. IT, IT, IT, IT, IT SPEAKS TO, UH, THE ONE STORY BEING A HARDSHIP. WHEN YOU HAVE A TWO STORY ACROSS THE STREET. MR. CHAIR. YES. UM, I WAS JUST GOING TO SAY THE SAME THING. I THINK IT'S OKAY TO GIVE THEM JUST THE, THE SIDE SETBACK FOR THE CARPORT, BUT IT STOPS THERE. IT LOOKS LIKE THE REST OF THE BUILDING COMES INSIDE AND THAT IS JUST THE COURT, UH, ADJACENT TO THE HOUSE ON THE NORTH SECTION OF THE LOT IMMEDIATELY PLACED INTO THE EXISTING HOUSE. CORRECT. AND THEN I'M OKAY WITH THEM HAVING A FIVE FOOT, BECAUSE I ALSO SEE THAT THE OTHER FOLKS IN THE BACK HAVE THE FIVE FOOT, IT'S TWO LITTLE MAPS, THE NEIGHBOR, I'M NOT OPPOSED TO THAT TOO MUCH, BUT MY CONCERN IS LOOKING AT THIS AND WE'VE SEEN THIS AND WE'VE RUN INTO IT WHERE, AND, YOU KNOW, SOMEBODY DOES A DEVELOPMENT LIKE THIS, THEY SELL IT. SOME LITTLE FAMILY COMES IN, THEY [01:30:01] WANT TO PUT A PATIO AND THEY WANT TO PUT SOMETHING IN THEIR IMPERVIOUS COVER IS MAXED OUT AND EVERYTHING. I MEAN, THEY HAVE NO ROOM TO MOVE. THAT'S MY CONCERN. AND MICHAEL, JUST TO CLARIFY, YOU'RE SAYING THAT THE FIVE FOOT ON THE REAR SETBACK IS OKAY, BUT ADJACENT PROPERTY IS A SIDE SETBACK, NOT A REAR SET. OKAY. NO, I'M TALKING, I'M TALKING TO THE, THE NEIGHBOR DIRECTLY BEHIND THEM. THEY ALSO HAVE A FIVE FOOT. THEY THEY'RE ON THEIR LITTLE SHED. THEY GOT THE SAME SIDE SETBACK. OKAY. THERE YOU GO. YOU'RE CORRECT. YOU'RE CORRECT. MY BAD. IT DOES SAY SITE THAT LOT FACES TOWARDS TOYA. YEAH. OKAY. WELL, MY IPAD HAS TURNED SO I'M, I'M A LITTLE TWISTED HERE, BUT YES, THAT'S WHAT I'M TALKING ABOUT. THE PROPOSED FIVE FOOT SETBACK TO MATCH A NEIGHBOR'S COA FIVE FOOT SIDE SETBACK. I'M OKAY WITH THAT ONE, JUST SIT BACK. AND WE'RE TALKING A REAR SETBACK ON THIS, I GUESS MY POINT, MY QUESTION IS THIS A BLANK SLATE RIGHT NOW? THE, UH, PROPOSED SINGLE STORY EDITION THAT IS ADJACENT TO THE, UH, TREE THAT SITS RIGHT ON THE PROPERTY LINE. LOOKS LIKE IT ENCROACHES INTO CRITICAL ROOT ZONE. YES, IT DOES. UH, SO, SO I GUESS ONE OF THE QUESTIONS WERE, YOU KNOW, HAS AN ARBORIST LOOK, THE CITY ARBORIST LOOKED AT THIS AND, AND GIVEN, UM, AN OKAY ON THAT. UH, THERE, THERE ARE SO MANY OPTIONS WITH THIS. I PERSONALLY CAN'T SUPPORT IT THE WAY IT IS RIGHT NOW. MR. CHAIR, IF I CAN HOLD ON, JUST MAKING SURE WE GET, UM, CAN WE GET THE GRAPHICS TAKEN DOWN FOR A MINUTE AND WE'RE, AND, AND BOARD, YOU'RE GONNA HAVE TO RELY ON YOUR OWN PACKET TO LOOK AT THE GRAPHICS. OKAY. BECAUSE I CAN'T SEE PEOPLE WHEN THE GRAPHICS ARE UP THERE. OKAY. WAS THAT YOU WRONG? YEAH. IF I MAY, MR. CHAIR, AND I'M ONLY BRINGING IT UP BECAUSE, BECAUSE, YOU KNOW, BECAUSE OF THE HIV ISSUES TONIGHT, I WANT TO MAKE THIS AS BRIEF AS POSSIBLE. I CAN'T SUPPORT THIS EITHER FOR TWO REASONS, BECAUSE THIS IS A BLANK SLATE. AND EVEN IF IT WASN'T, I DON'T SEE A HARDSHIP HERE. SO, UH, SO RATHER THAN BELABOR THE POINT, I'M NOT SURE THAT THE APPLICANT HAS THE VOTES. IF THERE WAS A MOTION FOR A POSTPONEMENT, I WOULD PROBABLY SUPPORT THAT WHILE THEY WORKED ON THEIR HARDSHIP OR WHATEVER ELSE THAT WHOEVER MADE THAT MOTION, UH, UH, TOLD THEM TO GO DO. BUT I WOULD BE JUST AS HAPPY VOTING FOR A DENIAL, UH, OR, UH, OR TO REJECT THE APPLICATION. OKAY. MELISSA, I'LL MAKE A MOTION FOR POSTPONEMENT. SO THE HARDSHIP FOR THE CAR PORT IS VERY CLEAR TO ME THAT, UH, THAT SIDE SETBACK AND TO HAVE A CAR PORT IS NOT AN UNREASONABLE USE. UM, OKAY. BUT, BUT RIGHT NOW, OKAY, GO AHEAD. I'M SORRY. SO FOR ME, THE, THE SIDE SETBACK BEYOND THE CAR PORT IS IT IS A LITTLE UNREASONABLE AND THE REAR SETBACK, I'M KIND OF IFFY ON THAT. THAT'S A LOT OF IMPERVIOUS COVER THAT'S. I MEAN, THAT, THAT PORTION OF THE YARD IS A BLANK SLATE. AND I LOOK AT THE PICTURE, YOU KNOW, JUST LOOK ACROSS THE STREET AND THERE'S A TWO STORY CRAFTSMEN. SO, UM, IT, IT, IF IT'S NOT A CONTRIBUTING STRUCTURE, IT'S IN THE DISTRICT AND ANY ADDITIONS WOULD HAVE TO BE APPROVED BY LANDMARK COMMISSION WHILE I UNDERSTAND THAT IT HAS NEIGHBORHOOD SUPPORT. I DON'T, I MEAN, THERE'S NO BACKYARD IN ONE DAY, MY BACKYARD BECOME EVERYBODY'S BACKYARD. I DON'T KNOW. OKAY. AND IF I DIDN'T DO IT ALREADY, WE'RE GOING TO CLOSE THE PUBLIC HEARING. UH, JESSICA, I SEE YOUR HAND UP. UM, I'M I AGREE. I'M KIND OF IFFY ON THAT REAR SETBACK, AND I'M DEFINITELY CONCERNED ABOUT SUCH A LARGE INCREASE IN IMPERVIOUS COVER, BUT I'M WILLING TO SECOND THE MOTION TO POSTPONE IF THEY WANT TO GO WORK ON THEIR HARDSHIP A LITTLE BIT. OKAY. SO WE HAVE A MOTION BY MELISSA TO POSTPONE AND A SECOND BY JESSICA. UH, IS THERE ANY OTHER DISCUSSION, UH, WILLIAM, UH, MIKE'S NOT ON THE BUTTONS ON MY IPAD OR EXACTLY THE OPPOSITE OF WHAT I THOUGHT MY VIDEO WAS AUTOMATIC. MIKE WAS ON, UM, I CANNOT SUPPORT POSTS FROM IT. I BELIEVE THIS IS A, THIS IS GROUNDS FOR DENIAL. THERE ARE, THERE ARE GUIDELINES. AND THEN THERE ARE OF THE OLD WEST AUSTIN NEIGHBORHOOD PLAN HAS GUIDELINES. [01:35:02] THE LAND DEVELOPMENT CODE IS RULES. AND I DON'T GIVEN THAT MY JOB EVERY DAY AS AN ARCHITECT IS TO FIGURE OUT HOW TO GET WHAT THE CLIENT WANTS WITHIN THE RULES. I DON'T SEE ANY HARDSHIP HERE. AND I FEEL THAT POSTPONEMENT WOULD SIMPLY BE TO THE LABOR WOULD BE, WOULD BE DOING TWO THINGS. ONE, IT WAS WITH THE LABOR, A DENIAL. AND SECOND, THE, THE SPEAKER WHO SPOKEN OPPOSITION HAD A POINT WHEN SHE SAID, YES, OTHER PEOPLE HAVE ENCROACHMENTS. UM, THESE ARE PEOPLE WHO BOUGHT HOMES THAT WERE ENCROACHING. THEY DIDN'T CREATE THE ENCROACHMENTS. UH, AND SO I CAN SUPPORT NOTHING ON THIS CASE EXCEPT FOR A DENIAL. OKAY. VERY GOOD. THANK YOU. I THINK AS WELL-SPOKEN, UM, ASKED ME AND THIS ISN'T CLARKSVILLE, BUT I HEAR THAT. YEAH. SO I'M HAVING DIFFICULTY WITH THIS ONE BECAUSE I DEFINITELY UNDERSTAND LIKE, YOU KNOW, BLANK SLATE, ALL THAT, THAT STUFF. UM, AND THERE'S A TWO STORY HOUSE ACROSS THE STREET. UM, IT, I WILL SUPPORT, I THINK, I THINK YOU CAN SUPPORT A POSTPONEMENT JUST IN GOOD FAITH AND BEING ABLE TO, UM, AND WANTING TO GIVE YOU SPACE TO BE ABLE TO BRING BACK OUR CHIP. AND IF IT'S NOT CLEARLY ARTICULATED, UH, COLOR, THEN I WON'T BE ABLE TO SUPPORT IT. HOWEVER THAT COMES WITH STRAIN FOR ME, BECAUSE CLARKSVILLE IS A HISTORICALLY, UH, BLACK COMMUNITY. UM, AND THE AREA CHARACTER IS VERY IMPORTANT TO ME. UM, AND I THINK THAT BEING ABLE TO HAVE SOME LEGAL WORLD IN THIS TYPE OF SITUATION, UH, WOULD BE ADVANTAGEOUS FOR US AS A SOCIETY. SO, UM, I WOULD LIKE FOR US TO, IF WE DO DENY IT TODAY, UM, IF HE DOESN'T HAVE THE VOTES FOR A POSTPONEMENT, I WOULD LIKE IT TO BE ADDED TO THE RUNNING LIST OF THINGS WE WANTED TO ADDRESS WITH COUNCIL AS FAR AS HOW THEY'RE MANEUVERING THROUGH THE LAND CODE CONVERSATION. OKAY. VERY GOOD. AND MICHAEL, DID I SEE YOU RAISE YOUR HEAD? WELL, I WASN'T SURE FROM WHAT I WAS DOING WAS MAKING AN ALTERNATE MOTION. UH, EVERYTHING THAT YASMINE HAS EXPRESSED IS A DEFINITE CONCERN, BUT I ALSO THINK THAT THEY CAN BUILD THE HOUSE WITHIN THE CONFINES OF THE LOT THAT THEY HAVE. I'D LIKE TO GIVE THEM FOR THE CAR PARK. I THINK THAT'S REASONABLE, LIKE MELISSA HAD MENTIONED, BUT, UM, AND THEY ARE KEEPING THE AREA CHARACTER OF THE FRONT HOUSE. IF YOU TAKE A LOOK AT IT AS COMPARED TO WHAT THEY COULD BUILD. SO IF THEY COULDN'T BUILD THAT OTHER, I'M JUST GOING TO SAY IT AT UGLY ASS LOOKING MODERN PLACE THAT THEY GOT ON PAPER. WELL, I'VE, YOU KNOW, AND DO THAT BY CODE CAUSE EVERYBODY SAYS, WELL, THE CODE OR THE RULES, I'M MORE INCLINED TO GIVE A LITTLE BIT OF COMPROMISE, A LITTLE GIVE AND TAKE HERE ON THE CHARACTER AREA CHARACTER THAT HE'S GOT AND HE'S WORKING WITH. BUT I AM, I HAVE TO TELL THE APPLICANT AND I WILL SUPPORT A POSTPONEMENT ONLY SO THAT THEY CAN GO BACK, LOOK AT THEIR DESIGN BECAUSE WHEN YOU START MAXING OUT AND I DON'T THINK WE'VE SAID THIS ENOUGH WITH OUR, OUR NEW MEMBERS, AS WELL AS TO LET THE PUBLIC AT LARGE KNOW, GETTING AN IMPERVIOUS COVERAGE OF VARIANCE FROM THE BOARD OF ADJUSTMENTS, HISTORICALLY, AT LEAST 14 YEARS HISTORICALLY, IS A VERY, VERY HARD THING TO DO. SO WHEN YOU START MAXING OUT THE WHOLE PROPERTY AND YOU DON'T HAVE A BACKYARD AND THINGS LIKE THAT, AND YOU WANT TO MAX OUT YOUR IMPERVIOUS COVER, IT'S, IT'S A VERY, VERY HARD VARIANCE TO GET THROUGH THE BOARD OF ADJUSTMENTS. HISTORICALLY, MOST DEVELOPERS WILL BUILD RIGHT UP TO THE LINE, THEN THEY SELL IT TO SOMEBODY AND SOME FOR UNSUSPECTING, YOU KNOW, PURCHASER COMES TO US BECAUSE THEY WANT TO PUT SOMETHING IN THE BACK OF THEIR KIDS. SO THAT'S ALL I'VE DONE. COOL. JUST A QUICK COMMENT FROM THE APPLICANT IS, AM I'M WILLING TO SUPPORT THE POSTPONEMENT, NOT THE CURRENT PROPOSAL, BUT IF IT DOESN'T COME BACK, I WOULD BE LOOKING FOR ONLY THE MINIMUM REQUIRED VARIANCE REQUEST TO MAKE THE SITE REASONABLY USEFUL. THANK YOU. YEAH, THERE'S VERY CONCISE, JESSICA. SORRY. UH, KIND OF RELATED. I HAD A QUESTION. CAN YOU DISCUSS OR TALK ABOUT THE 1500 GALLON RAINWATER COLLECTION TANK THAT IT'S, UH, ON PAGE 13, THEY'RE SAYING THEY WOULD INSTALL TO OFFSET THE INCREASED IMPERVIOUS COVERAGE. WOULD THAT, DOES THAT HELP AT ALL? OR CAN SOMEONE TELL ME A LITTLE MORE ABOUT THEM AND I'M NOT FAMILIAR WITH [01:40:01] MR. CHAIR IF I MAY. YEAH. OKAY. UH, HISTORICALLY JESSICA, WHAT HAS HAPPENED IS WHEN PEOPLE START PUSHING OVER THE IMPERVIOUS COVERAGE, IF IT IS A REASONABLE AMOUNT, WE USUALLY ASK THEM TO DO SOME RAINWATER MITIGATION, WHETHER IT BE RAINWATER GARDENS OR A COLLECTION, OR, YOU KNOW WHAT, HE'S, WHAT HE'S DESIGNING HERE. I THINK THAT'S GOING TO HELP HIM GET THIS THING THROUGH NEXT TIME, BUT IT'S STILL GOING TO BE A HARD PUSH BECAUSE ANYBODY WHO COMES INTO THAT PROPERTY AFTERWARDS, THEY'RE NOT GOING TO BE ABLE TO DO ANYTHING ON IT. THEY CAN'T PUT A PATIO OUT THERE. THEY CAN'T PUT A LITTLE FIRE PIT, THEY CAN'T DO ANYTHING OUT THERE. SO, UM, BUT WE HAVE IN THE PAST NEGOTIATED A OFFSET AS LONG AS THERE'S WATER COLLECTION. CORRECT. SO WE HAD A WORKSHEET JESSICA THAT WE NEED TO MAKE AVAILABLE TO THAT IS NEW ON THE BOARD, WHERE WE WERE GIVEN BY CITY STAFF TO SAY FOR X AMOUNT OF SQUARE FEET, THIS IS WHAT WE WOULD EXPECT IN RAINWATER COLLECTION. SO WE CAN BRING THAT TO NEXT TIME. UM, JUST TO, UH, IF THERE'S ADDITIONAL QUESTIONS, UH, I WOULD JUST SAY THAT, UM, I'M CERTAINLY WILLING TO DO POSTPONEMENT. I DON'T SEE A HARDSHIP EITHER. I THINK THAT THE SITE IS FULLY DEVELOPABLE, UH, WITH, WITH THE CONSTRAINTS, UH, AND, UH, COULD EVEN DO, YOU KNOW, UH, MAY NOT EVEN NEED THE CARPORT IN THE FRONT. HE MIGHT BE ABLE TO PULL THE CARS TOWARDS THE BACK AND STILL BE ABLE TO MAKE THAT WORK. BUT, UH, I DIDN'T SEE TODAY IF I WAS TO VOTE, I WOULD VOTE AGAINST LIKE WILLIAM SAID, BECAUSE I DIDN'T SEE ANY HARDSHIP. UH, BUT I'M WILLING TO GIVE THE APPLICANT A SECOND CHANCE. IF YOU HAVE SOMETHING TO SAY, JUST WITH, I BELIEVE HE MENTIONED IT, IF WE COULD JUST GET A COPY OF THAT, UM, WORKSHEET THAT YOU MENTIONED PRIOR TO THE NEXT MEETING SO THAT WE CAN TAKE A LOOK AT THAT. YES. AND ELAINE, I DON'T KNOW IF YOU HAVE THAT, UH, AVAILABLE. UH, IF NOT, I WILL LOOK THROUGH MY STUFF AND, UH, SEND IT TO YOU FOR INCLUSION ON THE PACKAGE NEXT TIME. CAUSE I DON'T HAVE THAT. OKAY. ALRIGHT. UH, DARRYL, I HAD A QUESTION FOR LEGAL. IS LEE STILL AVAILABLE? YES, SIR. I'M HERE. SO MY UNDERSTANDING IS THAT WE HAVE TO FIND THAT THERE IS NO REASONABLE USE OF THIS PROPERTY. YOU ALREADY HAVE AN EXISTING HOME ON THE PROPERTY, AND THEN YOU HAVE A REQUEST TO BUILD A STRUCTURE 150% LARGER THAN THE EXISTING STRUCTURE. UM, CAN'T I TAKE INTO ACCOUNT THE FACT THAT THEY COULD BUILD A SMALLER STRUCTURE, UH, AND THAT WOULD BE A REASONABLE USE IN ORDER TO DETERMINE THAT THAT WHAT THEY'RE SHOWING SHOWS US, THAT THEY HAVE NOT MET THE STANDARD, THAT THERE IS NO REASONABLE USE FOR THIS PROPERTY COMMISSIONER. I CAN'T SPEAK TO THE MERITS OF THIS PARTICULAR CASE, BUT I WOULD SAY IN GENERAL, YES, YOU CAN CERTAINLY TAKE THAT. THANK YOU. YEAH, I, I DON'T, I DON'T SEE A HARDSHIP. I MEAN, YOU KNOW, WE WANT TO BUILD SOMETHING THAT IS 1,253 SQUARE FEET AND BECAUSE IT IS SO LARGE, IT'S GOING TO EXTEND INTO THE SETBACKS INTO THE BACK AND ON THIS, ON BOTH SIDES. AND SO I DON'T SEE THAT AS A, SO HOPEFULLY THE APPLICANT HAS GOTTEN A CLEAR MESSAGE THAT WHEN THEY COME BACK, WE NEED TO HAVE A COMPELLING REASON WHY, UH, ONE THAT THERE IS A HARDSHIP AND, AND TO, UH, HOW TO MITIGATE THAT RELATIVE TO SOME OF THESE OTHER ISSUES. ALRIGHT, SO WE HAVE A, UH, A MOTION TO POSTPONE BY MELISSA AND A SECOND BY JESSICA. UH, IS THERE ANY OTHER DISCUSSION OR ANY SUBSTITUTE MOTIONS AND THIS AGAIN WOULD BE TO POSTPONE IT UNTIL NEXT TIME. SO WE'LL GIVE HIM ANOTHER SHOT. I SOMETIMES, UH, FOLKS WHO HAVE NOT BEEN BEFORE THE BOARD BEFORE DON'T HAVE A CONTEXT OF WHAT IT IS THAT THEY REALLY NEED TO BRING FORWARD TO SHOW A HARDSHIP. AND SO, UM, I, I I'M, I CAN SUPPORT THE POST FROM THAT MYSELF, BUT YEAH, I WAS NOT MAKING AN ALTERNATE MOTION AND, UM, YOU'VE CONVINCED ME I'LL SUPPORT THE POSTPONEMENT, BUT, UH, AS OTHER PEOPLE HAVE SAID, THE BAR FOR APPROVAL IS GOING TO BE VERY, VERY HIGH. THEY'RE GOING TO WORK ON HARDSHIP. OKAY. VERY GOOD. ALRIGHT. SO LET'S GO AHEAD AND SORRY, MR. MR. CHAIRMAN COMMENT FOR THE APPLICANT, CAUSE YOUR, YOUR POINT IS WELL TAKEN ABOUT A HARDSHIP. THERE'S A, THERE'S A, AND I DON'T WANT TO PUT WORDS IN THEIR MOUTH, BUT THERE'S THE LANGUAGE OF [01:45:01] BOTH THE PRESENTATION AND THE, AND THE PREPARED MATERIALS INDICATES TO ME THAT A LARGE PART OF THEIR, UM, JUSTIFICATION FOR THE VARIANCE WAS THE MAINTENANCE OF THE CHARACTER OF THE NEIGHBORHOOD, ACCORDING TO THE FOLKS IN THE NEIGHBORHOOD THAT THEY AGREED WITH. AND WHILE I THINK THAT, YOU KNOW, TRYING TO REACH AGREEMENT WITH YOUR NEIGHBORS IS CERTAINLY LAUDABLE. IT'S IMPORTANT FOR APPLICANTS TO UNDERSTAND THAT FINDING COMMON GROUND IS NOT THE PRIMARY OBJECT OF THIS BOARD. UM, AND SO EVEN WHEN SORT OF THE CHARACTER OF THE NEIGHBORHOOD IS MAINTAINED, THAT'S THE CHARACTER, CHARACTER OF THE NEIGHBORHOOD. UH, ACCORDING TO WHOM, I MEAN, I THINK COMMISSIONER SMITH MADE A GREAT POINT ABOUT THE HISTORIC NATURE OF THIS COMMUNITY. I THINK MANY WOULD ARGUE THAT THE HISTORIC CHARACTER OF CLARKSVILLE HAS LARGELY BEEN GENTRIFIED OUT OF EXISTENCE. CORRECT. AND, AND SO, YOU KNOW, KIND OF MAINTAINING THE FACADE OF THAT HISTORIC CHARACTER WHILE WE BUILD SOMETHING ALL THE WAY TO THE MAXIMUM, WHAT WE BILL OUT IN ORDER TO SORT OF, YOU KNOW, BUILD A POTEMKIN VILLAGE THAT LOOKS LIKE CLARKSVILLE USED TO LOOK, BUT WITH AN A, YOU KNOW, 10 X THAT SOCIOECONOMIC PROFILE THAT IT USED TO HAVE, YOU KNOW, REALLY ISN'T A HARDSHIP. AND SO, UM, SO I THINK AS RESPECTFULLY AS I CAN TO THE APPLICANT, YOU KNOW, JUST MAINTAINING THE CHARACTER OF THE NEIGHBORHOOD IN THE FORM OF THE AESTHETICS AS THE NEIGHBORHOOD IS CURRENTLY PRESENTED IS PROBABLY NOT ENOUGH FOR AT LEAST NOT ENOUGH FOR ME. THANKS FOR IT VERY MUCH. YEAH. WELL, NO. AND I MAY TAKE THE FINAL WORD HERE TOO, BECAUSE ARCHITECTURALLY, THIS IS ROOTED IN THE LATE FIFTIES, EARLY SIXTIES. I DON'T THINK THAT THIS IS A HISTORICAL CLARKSVILLE, UM, UH, A VOTE, UH, YASMIN. I JUST WANT TO BE CLEAR. UM, WHAT I SAID IT WAS, UH, I AM WILLING TO DO A POSTPONEMENT BASED ON THE FACT THAT YOU NEED A HARDSHIP OR EACH ONE OF THESE THINGS YOU'RE ASKING FOR. IT'S NOT GOING TO BE EASY FOR ME EITHER. OKAY. SO LET'S GET THAT, THAT CLEAR. OKAY. THE OTHER COMMISSIONER, IS THAT CORRECT? I NEEDED A HARDSHIP BE WANTING TO DO THIS FOR THE AREA AREA. CHARACTER IS NOT GOING TO MAKE ME VOTE A CERTAIN WAY BECAUSE YOU NEED A HARDSHIP FOR EVERY SINGLE THING YOU ASKED FOR IT. AND MY FRIEND, MY PERSONS, RIGHT. HABITS. SO I SHOULD SO SHOULD I, THEY DON'T FLY EITHER. SO MAKE SURE YOU AGREED THE WORLDS BECAUSE I WANT TO GIVE THIS TO YOU. AND EVEN THAT SOMEONE THAT WANTS TO GIVE THIS TO YOU IS LOOKING LIKE A NAIL UNLESS YOU BRING THE THINGS BACK. OKAY, MELISSA, FINAL WORD. COMMON QUESTION. THANK YOU. THAT'S WHAT I WAS GOING TO DO. ALRIGHT, JESSICA, THIS IS DIFFERENT THIS PHONE UNTIL NEXT TIME. YES. ALRIGHT, MELISSA. YES. WILLIAM. YES. ALL RIGHT. UM, I WILL VOTE YES AS WELL. WELL, I'M SORRY. OKAY. THANKS. YES, VERONICA. YES. YASMIN. YES. ALL RIGHT. THANK YOU, MICHAEL. YES. KELLY. YES. AND MARTHA. YES. ALL RIGHT. VERY GOOD. SO WE'LL HEAR THIS CASE, UH, NEXT MONTH. ALRIGHT. UM, LET ME GO BACK. I'VE GOT A COUPLE OF SCREENS OPEN. OOPS. SORRY, HERE REAL QUICK. YOU POSTPONED IT TO AUGUST 10TH. OKAY. IT WOULD BE TILL AUGUST 10TH. YES. THANK YOU. OKAY. UH, WE'LL DO, DOES ANYBODY NEED A QUICK BREAK? LET'S TAKE A TURN. MR. CHAIRMAN. YES, YOU DO. [E-2 C15-2020-0030 Janis J. Smith for Robert Kubiak 4726 Bunny Run] I'VE READ THIS AND LOOKED AT IT SEVERAL. WHICH WAYS IS THERE ANY OPPOSITION TO THIS NEXT CASE? BECAUSE REALLY WHAT HE'S DOING OR ANY QUESTIONS? WHAT HE'S DOING IS HE'S ALREADY GOT THREE DOCS THERE AND DID THE LAP DATED IS HOW I'LL GET OUT. ONE OF THEM'S ON THE, ON THE PROPERTY LINE, HE'S ELIMINATING THE AIR CONDITIONED AREA. HE'S GOING TO COMBINE THEM INTO THREE, THE ST. JUDE, HE'S GOT THREE. NOW WE'RE GOING TO COMBINE THEM AND MOVE THEM AWAY FROM THE PROPERTY LINE, WHICH MAKES IT SAFER ON THE LAKE AUSTIN WATERFRONT. THERE'S NO OPPOSITION. I'LL MAKE A MOTION TO APPROVE. OKAY. SO WE HAVE A MOTION. THIS IS ON, UM, I, UH, AND, UM, THIS IS, UH, FOR THE RECORD, [01:50:01] UH, SMITH FOR ROBERT AT 47, 26 AND BUNNY RUN. SO WE HAVE A MOTION AND A SECOND, HOLD ON, PLEASE. OKAY. MOTION TO APPROVE BY MICHAEL VON OLIN AND A SECOND BY MELISSA HAWTHORNE. IS THERE ANY DISCUSSION, KELLY? YEAH. I JUST WANT TO SAY THAT THE CITATION IN OUR PACKET ABOUT WHY THIS IS HAPPENING, IT MIGHT BE SOMETHING THAT WE MAY WANT TO LOOK AT A LITTLE BIT CLOSER. UM, JUST AS A GENERAL SORT OF RULE, BECAUSE IF YOU'RE MODIFYING A NONCOMPLIANT STRUCTURE AND YOU'RE REDUCING THE NONCOMPLIANCE, IT SEEMS LIKE THIS CONDITION THAT THEY'RE TRYING TO GET THE VARIANCE FROM MAYBE IS NOT FULLY APPLICABLE IN A CASE LIKE, SO JUST FYI, I ACTUALLY DID. IT'S ONLY IF YOU'RE INCREASING THE NONCOMPLIANCE AND THAT WHAT THEY'RE ACTUALLY DOING IS THEY'RE, UH, LESSENING THE NONCOMPLIANCE CAUSE THEY'RE ELIMINATING IT. SO THAT'S ACCEPTABLE. BUT WHAT YOU CANNOT DO IS YOU CANNOT INCREASE THE NONCOMPLIANCE. IT SAYS, IT SAYS IT CAN'T BE ALTERED, BUT IF IT'S ALTERED IN A POSITIVE WAY, LOCATION AND FOOTPRINT MAY NOT BE ALTERED AND THEY ARE MOVING THE LOCATION IN THE FOOT. THAT'S WHY THEY'RE ASKING FOR IT. YEAH. SO, UH, YEAH, BECAUSE THE WAY OF NONCOMPLIANCE, I DON'T BELIEVE IT'S BEING INCREASED, UH, FINDINGS. YES. A REASONABLE USE. THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THE PROPERTY CURRENTLY HAS TWO SEPARATE GRANDFATHERED NONCOMPLIANT BOAT DOCKS ON LAKE AUSTIN WITH A TOTAL OF THREE SLIPS. ONE DOCK HAS TWO SLIPS AND IS CLOSER TO 10 FOOT FROM THE CLOSER THAN 10 FOOT FROM THE PROPERTY LINE WHILE THE OTHER DOCK HAS ONE SLIP IN IS ON THE PROPERTY LINE AND IS PARTIALLY ENCLOSED WITH HER NEIGHBORS. I'M NOT GOING TO GO INTO THAT HARDSHIP. THE HARDSHIP FOR WHICH A VARIANCE IS REQUESTED IS IN, IS UNIQUE TO THE PROPERTY AND THAT THE LEGAL CONSTRAINTS OF THE PROPERTY DIDN'T ALLOW CHANGES TO THE DOCK LOCATION OF THE ONE SLIP, WHICH IS RIGHT ON TOP OF THE PROPERTY LINE AND PARTIALLY CLOSED IN AIR CONDITIONED FOR 55 YEARS, THE PRIVATE LIMITATIONS ON CHANGES TO THE DOCK HAVE NOW BEEN REMOVED. THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE THE EASEMENTS TO USE THE DOCS PERSONALLY OWNED BY OTHERS ARE RARE ON THE LAKE. THESE MEN ESTABLISHED IN 1951 REESTABLISHED IN THE 1986 LAWSUIT THEN ABOLISHED IN 2006, PREVENTED THE PRIOR OWNERS FROM REBUILDING OR MOVING THE DOTS, EXCUSE ME, AREA CHARACTER. THE 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. MOST PROPERTIES LOCATED IN THE PROPOSED DOCK WILL BE ONE STRUCTURE WITH THREE SLIPS AND NO ENCLOSED SPACE. OTHER THAN A CLOSET ON THE FIRST FLOOR, IT WILL IMPROVE THE ADJACENT PROPERTIES BY MOVING THE DOCKS AWAY FROM THEIR PROPERTY LINES AND INCREASING THE LAKE VIEWS BY REMOVING THE ENCLOSED SECOND STORY OF ONE OF THE DOCS. THAT'S IT? MR. CHAIR. OKAY. VERY GOOD. SO WE HAVE A MOTION BY MICHAEL AVANT OLIN TO APPROVE AND A SECOND BY MELISSA HALSTON ONE. LET'S CALL THE ROLL JUST FOR COHEN. YES, MELISSA. YES. WILLIAM HODGE. YES. DON LAYTON BURWELL. YES. RON MCDANIEL. YES, YES, YES. OKAY. VERONICA. YES, YES, YES, YES. MICHAEL GRANOLA. YES. ALRIGHT. KELLY BLOOM. YES. AND MARTHA GONZALES. YES. ALRIGHT. GOT YOUR VARIANCE TO SAY THAT. YES, IT WAS. YES. THANK YOU. THANK YOU VERY MUCH FOR SAYING THAT. OKAY. SO YEAH. THANK YOU. SO WE'RE GOING TO TAKE A 10 MINUTE BREAK. WE'LL COME BACK AT SEVEN 55 SHARP AND I'LL SEE YOU GUYS BACK THERE, HERE IN JUST A MINUTE. OKAY. UH, IT'S SEVEN 55. WE HAVE ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN, EIGHT, NINE. SO WE HAVE A CORUM. UH, AND UM, SO WE'RE MOVING ON TO ITEM F ONE. AND AS RON SAID, THEN WE'RE GOING TO TAKE THE NEW BUSINESS. I AM ABSTAINING FROM F1. SO I AM GOING TO SIGN OFF AND TURN IT OVER TO MELISSA RIGHT NOW. SO THANK [01:55:01] YOU. AND WE'LL SEE YOU GUYS IN A MINUTE. SO I'M GOING TO CALL THE CASE OF JUAN [F-1 C15-2020-0010 Travis Young for Daniel & Amy Coops 71 Julius Street] C 15 2020 ZERO ZERO ONE ZERO. UH, TRAVIS YOUNG FOR DANIEL AND AMY COOPS AT SEVEN 40TH STREET. THE APPLICANT IS REQUESTING A VARIANCE FROM 25, TWO DASH SEVEN 21 WATER FOR AN OVERLAY COMBINING DISTRICT, UH, TV ITEM C ONE AND C TWO FROM THE SECONDARY SETBACK TO OUR CONSTRUCTION HOME AND CURTAINS COVER FROM 30% TO 36.8% REQUESTED IN ORDER TO DIRECT A SINGLE FAMILY RESIDENCE WITH A DETACHED GARAGE AND GUEST HOUSE IN FAMILY, RESIDENTIAL ZONING DISTRICT IN THE HOLINESS. AND THE WAY THAT IT WORKS ON LINE IS WE WILL HAVE THE AFRICAN PRESENTATION OR FIVE MINUTES. APPLICANT'S SPEAKING FOR THIS ONE IS ACTUALLY THE OWNER DAN COOPER. OKAY. YES, I'M ON. AND I HOPE I DON'T NEED FIVE MINUTES. YES, SIR. PLEASE PROCEED. ALRIGHT. ALRIGHT. THANK YOU. UH, SO THIS IS A COMEBACK TO THE DISCUSSION WE HAD LAST TIME. AND WHILE YOU'RE BRINGING UP THE SLIDES, I FIRST JUST WANTED TO APOLOGIZE FOR LAST BOARD MEETING WHERE THINGS GOT RATHER HEATED. IT CERTAINLY WASN'T MY INTENTION TO MAKE THINGS MORE DIFFICULT FOR ANYONE AND, UH, APOLOGIES. SO WE'VE GOT, UH, WE'VE GOT JUST THREE PAGES HERE, UH, ON THE FIRST PAGE THAT THE NET IS, WE ARE, UH, REDUCING, UH, THE ASK. UH, I THINK THE, UH, UH, THE REQUESTS THAT CAME OUT OF, UH, THE BOARD MEETING LAST WEEK OR LAST MONTH WAS REALLY TO TAKE A GOOD, HARD LOOK AT THE TOPOGRAPHY AND TO COME BACK WITH A VERSION, UH, THAT WOULD PUSH, YOU KNOW, THE, THE HOME AS FAR NORTH AS POSSIBLE AS FAR NORTH AFRICA OF THE SETBACK AS POSSIBLE. UH, SO WHAT WE'RE DOING HERE, UH, THE NET IN THE FIRST STAGE IS REALLY JUST COMPLETELY ELIMINATE IT, ELIMINATING THE, THE SECOND ASK, UH, WHICH INVOLVES THE IMPERVIOUS COVER. AND WE'LL, YOU KNOW, THE, THE NOTES THAT WAS MADE THERE DURING HE ONE THAT HISTORICALLY THROUGH, BUT BOARD, UH, IMPERVIOUS COVER YOUR ANSWERS OF ANY TYPE FOR A VERY HEAVY LIFT AS IT WE'RE, WE'RE, WE'RE JUST ENTIRELY ELIMINATING IMPERVIOUS TO EVERY REQUEST HERE. AND JUST, UH, THE ONLY THING REMAINING WOULD BE THE, THE HOME REBUILD SECONDARY SETBACK. IF YOU GO TO THE SECOND DITCH, PLEASE, UH, THIS IS HOW WE GOT HERE. UH, SO THIS WAS REDESIGNING THE MAIN HOUSE BY, UH, REDUCING LITTLE SQUARE FOOTAGE OF THE HOUSE, UH, REMOVING THE, ALL OF THE SOUTH SIDE PORCHES. UH, WE REDUCED THE SIZE OF THE CARPORT AND FOR THE, THE DRIVE COMING IN, YOU KNOW, ELIMINATED THE CARPET FLATWORK ENTIRELY WHAT TWO RIBBONS AND REALLY MOVED. EVERYTHING IS FAR NORTH THERE AS POSSIBLE. WELL, NOT ENCROACHING INTO, UH, THE CRC OF THE, OF THE 35 INCH OF THE CON AND BEING ABLE TO SAVE THAT. AND THEN GOING ALONG WITH THAT AND THE, THE SECOND STRUCTURE IN THE GARAGE, THE SIZE HERE IS ALSO REDUCED. UH, WE MOVED AS FAR NORTH AS POSSIBLE AS WELL WHILE STILL MAINTAINING THE CODE REQUIREMENT FOR BEING ABLE TO DO, UH, A BACKOUT TURN AROUND AND IN THE DRIVEWAY. UH, AND, AND, AND SHARE THAT WITH, UH, THE PROPERTY TO THE NORTH, UM, THAT GARAGE HAS NOW MOVED ENTIRELY OUTSIDE OF THE SETBACK. IT WAS JUST SLIGHTLY IN, UH, BEFORE. UH, SO THAT'S NOW CURRENTLY OUTSIDE OF THE SETBACK, UH, EVERYTHING ELSE WAS MAINTAINED AND WHEN YOU NET THAT ALL OUT AND YOU MOVE EVERYTHING UP, AS FAR AS, AS WE COULD, UH, THAT, THAT LOWERS THE, UH, THE IMPERVIOUS COVER INSIDE THAT SECONDARY SET BACK DOWN TO 29.9%, WHICH IS ACTUALLY SIGNIFICANTLY LESS THAN WHAT THE STRUCTURES FOR. UH, IF YOU GO TO THE FINAL PAGE, PAGE THREE, UH, YOU KNOW, PREVIOUSLY, UH, THE HOMEWORK THAT WAS THERE AND THE, THE GARAGE SAID THAT WAS THERE AT THE GARAGE, SAID USED TO BE, YOU KNOW, THE OLD ONE WAS INSIDE, UH, THE SECONDARY SETBACK OF THE PLANS WE SHOWED PREVIOUSLY LAST MONTH, UH, HAD THE GARAGE PARTIALLY INSIDE THAT, MOVED THAT OUT, UH, OUTSIDE OF ENTIRELY. UM, [02:00:01] AND REALLY THE ONLY OTHER THING TO POINT OUT HERE IS THAT ON THAT HOUSE, IT'S, YOU KNOW, PUTTING THAT NOTCH IN THERE AND TRYING TO MOVE THAT UP AS MUCH AS POSSIBLE, BUT, BUT SAVING BOTH A 35 INCH PECAN, AS WELL AS THE, UH, WE WANT ADULTS. SO SAY IF THE 12 INCH BECOME, AND THAT'S REALLY EVERYTHING THAT WE'VE GOT HERE TODAY, UH, THANK YOU FOR YOUR TIME. AND, UH, THANK YOU FOR THE, UH, CONSIDERATION HERE, IF YOUR PROPOSED PLAN. THANK YOU, SIR. BOARD. DO YOU HAVE IT? CAN WE TAKE THE, MY CITY HALL AB PERSON? I'M SORRY. CAN I TAKE THE PRESENTATION DOWN, PLEASE? THANK YOU VERY MUCH. IT'S EASIER TO SEE ALL THE PEOPLE. I HAD A QUESTION FOR THE APPLICANT, THE, THE ADDITIONAL INFORMATION THAT'S BEEN PROVIDED TODAY INCLUDES THE PLANS FOR THE JUNE MEETING, WHICH ARE EXACTLY THE SAME AS I DON'T SEE ANY DIFFERENCE. SO I'M TRYING TO FIGURE OUT IF I, ALL OF THE CORRECT INFORMATION, BECAUSE WHAT I SEE, NO, SIR, YOU MAY BE LOOKING AT THE DIFFERENT PAGE. WHAT I SEE AS PAGE THREE OF THE NEW MATERIALS THAT WERE SENT TO US, SHOWS THE AREA WITHIN THE SETBACK BEING 4,697 SQUARE FEET, WHICH IS EXACTLY THE AMOUNT THAT WAS IN THE, IN THE, UH, SETBACK UNDER THE OLD PLAN. I DON'T SEE ANY CHANGE IN THESE BATS. UM, COMMISSIONER PRAYER, I BELIEVE OF LOOKING AT THAT PAGE. IT SAYS THE SITE AREA WITHIN THE SETBACK. SO THE AREA DEFINED BY THE PROPERTY LINES IN THE SETBACK LINE IS THE SAME. I BELIEVE THAT WHAT THE APPLICANT IS SAYING IS THAT THE AMOUNT OF IMPERVIOUS COVER OF THAT SITE AREA IT'S BEEN REDUCED? WELL, I HAVE A QUESTION FOR THE APPLICANT THEN. UM, THE, DID YOU, DID YOU MOVE THE TWO STORY, SINGLE FAMILY RESIDENTS FURTHER AWAY FROM THE WATER TO GET IT, TO GET SOME OF IT OUT OF THE WATERSHED ORDINANCE, A SETBACK, BECAUSE I DON'T SEE THAT IT'S BEEN MOVED BACK BELIEVES THAT THIS HAS BEEN MOVED BOTH EAST AND NORTH. IF, UH, IF TRAVIS IS ON THE, HE CAN SPEAK TO THE, THE DETAILS A BIT MORE. YEAH. AND YOU'RE THE ONLY ONE REGISTERED TO SPEAK AT THIS MEETING. TRAVIS IS NOT ON, I MEAN, IF YOU, HE WAS ON, HE WAS ON PREVIOUSLY. I JUST WANT TO MAKE SURE THAT, THAT WE ALL HAVE THE SAME INFORMATION. PAGE THREE OF FOUR OF THE MATERIALS FOR THIS MEETING IS THE EXACT SAME PLAN AS WAS SUBMITTED LAST MONTH. WHAT ABOUT THE ONES THAT WERE ON THE PRESENTATION? I BELIEVE, YES. I BELIEVE YOU'RE REFERRING TO THE NUMBER AFTER THE EIGHT COLON WHERE IT SAYS 46 97 SQUARE FEET AND 46 97 SQUARE FEET IS THE AREA OF THE LAND WITHIN THE SECONDARY SETBACK. OKAY. SO WHAT I'M YOU'RE CORRECT, BUT THAT PART IS UNCHANGED. OKAY. SO WHAT I'M ASKING IS, HOW IS THE PLAN THAT WE'RE TALKING ABOUT RIGHT NOW DIFFERENT THAN THE PLAN THAT WAS SUBMITTED LAST TIME? BECAUSE IT LOOKS LIKE IT'S EXACTLY THE SAME. YEAH. SO THE PREVIOUS PLAN HAD, UH, A TOTAL OF 36.8% IN PURPOSE COVERED. AND THAT WAS A COMBINATION OF BOTH THE HOME AND THE GARAGE. AND THAT'S NOW REDUCED TO 29.9%, BUT THAT'S NOT BY MOVING THE HOUSE. IT'S BY RECONFIGURING THE GARAGE IT'S BY SHRINKING THE HOUSE IT'S BY ELIMINATING THE PORCHES ON THE HOUSE. IT'S BY MOVING THINGS MORE, THERE'S MULTIPLE SHIFTS THAT NEED TO BE DONE TO GET BELOW 30%. OKAY. SO, SO IF YOU'LL LOOK AT THIS PLAN WITH ME, WHAT YOU'RE SUBMITTING IS THE HOUSE BEING 10 FEET OR SO OFF OF [02:05:01] THE, UH, THE SOUTH, THE LOWER PROPERTY LINE, RIGHT. YOU GOT THE FIVE YARD SET BACK THERE IN THE BROWN DASHED AREA IN THE HOUSE IS GOING TO BE FURTHER, FURTHER NORTH OF THAT, CORRECT? YES. OKAY. AND WHERE ARE THE WALL OF THE HOUSE IS IT'S NOT REALLY SUBSTANTIALLY FURTHER NORTH THAN IT WAS UNDER THE OLD PROPOSAL. THERE'S SOME PORCH THAT'S BEEN REMOVED, BUT THAT'S IT? WELL, WE WERE QUITE CLOSE TO THE, THE, WELL, MY CONCERN IS IF YOU START MOVING THAT THING FURTHER NORTH AND STUFF IS GOING TO START GETTING INTO MORE OF THAT CRITICAL ROOT ZONE. AND THEY'RE 35 INCH. SO I'VE SEEN WHAT YOU, YOU GUYS HAVE DONE. I DON'T KNOW IF THIS IS GOING TO HELP DARRELL AT ALL, BUT, UH, I'VE SEEN WHAT YOU'VE DONE BY REDUCING THE FOOTPRINT BY ELIMINATING SOME OF THE, UH, THE PORCHES AND STUFF, BUT MY MAIN CONCERN AND I DO, AND I UNDERSTAND THAT YOU'RE STILL, AND THE SECONDARY SETBACK, UH, THAT DOESN'T BREAK MY HEART SO MUCH IS, IS, UH, DO YOU SEE WHERE IF YOU DO START MOVING THIS AROUND TOO MUCH, FURTHER THAN WHAT WE'VE GOT HERE TODAY, YOU'RE GOING TO START GETTING INTO THESE CRITICAL ROUTES ON THESE BIG COUNTRIES, WHICH ARE PROTECTED IN MADAM CHAIR, QUITE FACULTY HAVING SAID THAT HAVING HIM GO HAVE HAD GONE BACK AND, AND, UH, AND MADE SOME OF THESE CHANGES AND STUFF I'M, I'M GONNA, AND I'M LOOKING JUST SO EVERYBODY KNOWS I'M NOT GOING TO F-150 ONE. AND, UH, I'M, I'M WILLING TO JUST GO AHEAD AND MAKE A MOTION TO APPROVE. HE'S VERY LIMITED ON WHERE HE CAN MOVE SOME OF THESE THINGS BECAUSE OF THESE BIG TREES AND BECAUSE OF THE WATERFRONT OVERLAY. AND I'LL BE FACULTY, HOLLY AND LAKE TRAVIS, AND WHERE THE HOLLY POWER PLANT USED TO BE AND STUFF, UH, I WOULD BE PROBABLY A LITTLE BIT MORE RETICENT TO DO SO TOWN LAKE AND OTHER AREAS, BUT, UM, SOME OF THE OTHER HOUSES ALONG THIS WAY ARE PRETTY MUCH IN THE SAME SITUATION. IT'S JUST THAT THEY'VE BEEN GRANDFATHERED IN. SO I'M WILLING TO MAKE A MOTION TO APPROVE, UM, BASED ON TODAY'S INFORMATION. I'LL SECOND, ANY DISCUSSION HEARING, NONE CALL THE QUESTION. UM, I AM SORRY. I, I HAVE LOST MY INTERNET, WHICH IS VERY EXCITING RIGHT IN THE MIDDLE, RIGHT. WHEN YOU GET TO THE GOOD PART. SO I'M TRYING TO GO BEHIND ME TO LOOK AT ANOTHER WAY I CAN GET ON THE INTERNET. SO I DON'T MEAN TO BE RUDE IN TURN MY BODY TO ONE MOMENT. I'M CHEATING. I HAVE MY IPAD NEXT TO ME AND WE WOULDN'T SEE IT FROM OTHER MINUTES ANYWAY. SO I'M GOING TO GO AHEAD AND CALL THE QUESTION THEN. UH, OH, I SHOULD HAVE CLOSED THE PUBLIC HEARING. I'M GOING TO CLOSE PUBLIC HEARING NOW. I DIDN'T GET A NICE LITTLE CHEAT SHEET MEETING THING, JUST A ROSTER OF SNOW SURPRISE. UM, SO I'M GOING TO START WITH JESSICA. I NEED TO DO THE FINDINGS REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY TO NOT ALLOW FOR REASONABLE USE BECAUSE OF WATERFRONT OVERLAY. A FESTIVAL BEACH REQUIRES A SECONDARY SETBACK. THAT'S WITHIN A HUNDRED FOOT, A HUNDRED AND 150 FEET FROM THE WATER'S EDGE WHERE NO VERTICAL STRUCTURES CAN BE BUILT. AND IMPERVIOUS COVERAGE MAY NOT EXCEED 30% HARDSHIP. THE HARDSHIP FOR WHICH HAS VARIANCES REQUESTED IS UNIQUE TO THE PROPERTY IN THAT VERY FEW RESIDENTIAL PROPERTIES ALONG THIS AREA ARE AFFECTED, ARE AFFECTED BY THE SECONDARY SETBACK. AND THE ADDITION OF THIS, WE HAVE THREE HERITAGE TREES THAT THERE'S THIS UNIQUE CONDITION. THE HARDSHIP IS NOT GENERAL IN AN AREA WHICH PROPERTY IS LOCATED BECAUSE AGAIN, FEW RESIDENTIAL ART ARE AFFECTED BY THE WATERFRONT OVERLAY SETBACKS AND THE TREES THAT ARE ON THE PROPERTY 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 ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THE LOCATION FOR THE PROPOSED HOUSE IS WITHIN THE SAME LOCATION OF THE PREVIOUS EXISTING HOUSE THAT HAD EXISTED SINCE 1972. AND THEY WILL BE BIDING BY PROTECTION FOR THE HERITAGE TREES ON THE PROPERTY. I'LL LET IT GO WITH THAT. OKAY. TRY THIS AGAIN. JESSICA COHEN. YES. WILLIAM HAHN. [02:10:03] RAMEN DANIEL. YES. NO VERONICA RIVERA. YES. HE HAS BEEN SMITH. YES. MICHAEL WANOLA YES. KELLY BLOOM. YES. MARTHA GONZALEZ. YES. I'M COUNTING. HOLD ON A, WE NEED YOUR VOTE, MELISSA. DO WE HAVE 1,000? DO WE HAVE 11? WE NEED YOUR VOTE. YES, I KNOW SO FAR. SO YOUR VOTE DECIDES THE PRESSURE SO UNKIND. SO WE DON'T HAVE 11. WE HAVE NO, WE HAVE 10 BECAUSE DON IS SO IT'S RECURRENT AND ONE WHICH MAKES NINE. YOU'LL MAKE 10. OKAY. OR I'LL MAKE TWO. OH YEAH. I'M SORRY. I'M A NO. OKAY. THAT'S EIGHT, FOUR, TWO AGAINST MR. CABS. YOUR VEINS DID NOT PASS. I'LL BE REALLY GLAD THAT WE NEED A 75% SUPER MAJORITY. IS THAT CORRECT? IT IS A SUPER MAJORITY. SO WE WOULD NEED EIGHT VOTES ON MR. 75% FOR THE, FOR THE GUIDELINES MR. SIMMONS, IT'S ACTUALLY NINE VOTES, UH, IS REQUIRED FOR A SIMPLE MAJORITY FOR A VARIANCE REQUEST. IT'S IF YOU LOOK AT THE GUIDELINES, IT'S A 75%. IT'S JUST, THERE'S NORMALLY 11. IT'S MORE, IT'S MORE THAN EIGHT PEOPLE. AND WE CAN'T DO A FRACTION EIGHT PLUS A FRACTION. SO WE ROUND UP TONIGHT TICKET THE SUPER MAJORITY. THAT'S CORRECT. OUT OF 10 75% WOULD BE 7.5. WE ROUND UP TO EIGHT MINUTES. IT'S ACTUALLY OUT OF 11 BECAUSE EVEN THOUGH WE HAVE ONE ABSTAINING, WE STILL HAVE TO COUNT THE ENTIRE BOARD FOR THE WORDS, FOR THE PER THE RULES AND PROCEDURES OF THE WOMAN. I BELIEVE THAT'S NOT WHAT THE RULES SAY. IT DOES EXPLICITLY CALL OUT STUFF, BUT PERCENT, SUPER MAJORITY. WELL, I WOULD DEFER TO LEGAL CITY LEGAL, BUT WHAT IS THE PROBLEM FOR A CALL AND DOUBLE CHECK? OR WE CAN MOVE THIS ALONG. THE STANDARD, SINCE I'VE BEEN ON THIS BOARD WAS WHAT WE COULD RESOLVE IT OFFLINE. BUT I WOULD JUST WANT TO MAKE SURE THAT IT'S NOTED THAT THAT WOULD BE IN PROTEST. I DON'T THINK WE'RE DOING THE MATH CORRECTLY. IT'S DONE. SO I DO BELIEVE THAT, UM, IN THE CASE THERE IS ONE BOARD MEMBER MISSING A RECONSIDERATION IS CERTAINLY SOMETHING THAT YOU CAN ASK FOR. MMM. I NEED TO ASK FOR A RECONSIDERATION. WE MOVE ON TO OUR NEXT BOND AND IT'S JUST MATH, ELAINE AND LEE. I GUESS YOU GUYS CAN TAKE THIS UP OFFLINE. BELIEVE THAT WE'RE GOING TO MOVE ON TO OUR NEXT ITEM. HAPPY TO, HAPPY TO SHARE. THANK YOU, SIR. ALL RIGHT, THANKS. THANK YOU VERY MUCH. OKAY. I AM BACK, MELISSA. THANK YOU FOR TAKING THAT. UM, ALRIGHT, SO WE'RE GONNA MOVE ON TO OUR LUPUS, MR. CHAIR. YES. I JUST FEEL LIKE I NEED TO SAY THIS AND, AND I'M NOT FALLING SENIORITY OR BEING ON THE GODDAMN BOARD, BUT I JUST HAVE TO SAY THESE FOLKS, WHAT WERE YOU GOING INTO A SITUATION AS SUCH IT'S BETTER. IT'S IN THE BEST INTEREST OF EVERYBODY JUST DEFER TO THE CHAIR AND ALSO ALLOW THE LEGAL AND STAFF TO HANDLE IT. I KNOW IT'S VERY HARD. I'VE HAD PEOPLE UP THERE THAT REALLY PISSED ME OFF AND SAID THINGS TO THE BOARD OR ABOUT THE BOARD, OR TRY TO ADDRESS A CERTAIN MEMBER OF THE BOARD THAT WAS INAPPROPRIATE. AND EVEN I MYSELF HAVE WORKED VERY [02:15:01] HARD TO MAINTAIN THE CALM AND PROFESSIONALISM AS WELL AS, YOU KNOW, NOT LET MY EMOTIONS CLOUD MY JUDGMENT WHEN IT DOES COME TIME TO VOTE AT THE END OF IT. SO PLEASE IS A POINT OF ORDER GOING FORWARD. I WOULD LIKE US ALL TO TRY TO REMEMBER THAT IN THE FUTURE, SOMEBODY GETS ON YOU. I SCAN, OR SOMEBODY WANTS TO ARGUE IT. IT'S THE MERITS OF OUR DECISION. IT'S NOT OUR PLACE, WHETHER WE'RE ATTORNEYS OR WHETHER WE'RE WHATEVER WE DO, WE LIFE AND OUR PRIVATE LIFE. IT'S NOT OUR PLACE TO SIT AND ARGUE WITH THEM, ESPECIALLY ON TV. AND I THINK WE SHOULD DEFER THAT TO MR. SAMMONS OR TO STAFF. I'M SORRY, MR. CHAIR. BUT I'M A, THERE WAS A LITTLE BIT OF A CLUSTER GOING ON RIGHT THERE FOR A LITTLE BIT, UH, YASMIN WITH ALL DUE RESPECT AND, AND IT JUST, IT JUST STARTED GETTING WHEN, WHEN PEOPLE START JUMPING IN AND GETTING ON HAND TO KICK IT OUT, OUT OF HAND VERY QUICKLY, THAT'S ALL. CAUSE I THINK IT WAS ME IN MY OWN DEFENSE, BUT MY, MY AUDIO IS CUTTING IN AND OUT. SO I COULDN'T ACTUALLY HEAR ANYBODY SPEAKING, BUT I WOULD APOLOGIZE. YOU'RE ABSOLUTELY RIGHT, MIKE. I'M NOT, I'M NOT BLAMING ANYBODY BECAUSE LORD KNOWS I'VE DONE IT. UM, UH, WHAT MELISSA AND I CALL BABY BENNET. MR. BENNET'S SON, THE FIRST TIME HE WAS UP ON THE DAYAS, HE REALLY, HE HAD ATTACKED ME PERSONALLY. AND AT THE END OF THAT MEETING, I SUPPORTED THE POSTPONEMENT FOR HIS CASE. I, AND I EVEN STATED ON THE RECORD, I WILL NOT ALLOW MY EMOTIONS TO CLOUD MY JUDGMENT, EVEN THOUGH HE PISSED ME OFF. BUT, UH, YOU KNOW, I JUST, UH, SO RAM ROM, I APPRECIATE YOU JUMPING UNDER THE BUS FOR ME THERE, BUT YOU WERE FINE. OKAY. POINT TAKEN MICHAEL, THANK YOU. AND, AND, UH, AND, UH, APPLICANTS NEED TO KNOW THAT IF THEY'RE DENIED, THEY CAN ALWAYS COME BACK FOR RECONSIDERATION. AND IF IT'S A LEGAL OR STAFF RELATED ISSUE ABOUT QUESTIONS, ABOUT RULES AND THAT, UH, THEY CAN TAKE IT UP WITH ELAINE AND, UM, LEE AS WELL. ALRIGHT. UM, SO MOVING ON TO A NEW BUSINESS, UH, CAUSE THAT WAS THE END OF OUR CASE AGENDA [H-1 Discussion of the June 8, 2020 Board activity report] FOR TONIGHT. UH, THE FIRST ITEM WAS, UH, H ONE. THIS IS A DISCUSSION OF THE JUNE EIGHT, 2020, UH, BOARD ACTIVITY REPORT. WAS THERE ANYTHING TO DISCUSS THERE? YOU GUYS HEARING NONE LET'S MOVE ON. UM, THE, UH, AGE TWO ITEMS. [H-2 Discussion and possible action regarding the Board’s Annual Internal Review Report to Council] UM, IT WAS, UH, UNBEKNOWNST TO ME. UM, THE BOARD IS REQUIRED TO DO A, AN ANNUAL, UM, INTERNAL REVIEW EVERY YEAR. AND, UM, AND SO I FOUND OUT ABOUT IT AFTER THE LAST MEETING, I TOOK IT UPON MYSELF TO GO THROUGH, UH, OUR AGENDA IN BOATS AND STUFF FOR THE LAST YEAR. AND I CREATED, UM, THE, A LINK TO H TWO. I HAVE SENT IT ON TO THE CITY CLERK'S OFFICE, UM, AS A DRAFT, BUT WE NEED TO, UM, APPROVE THAT TONIGHT IF YOU GUYS, UM, UH, W IF SOMEONE WOULD MAKE A MOTION OR HAS QUESTIONS OR WANTS CHANGES. YEAH, WILLIAM, I MOVED TO, I MOVED TO ACCEPT. OKAY. I'D LIKE TO SAY THANK YOU, DON. OH YEAH. WELL, IF I HAD KNOWN, I WOULD HAVE HAD IT OUT AHEAD OF ME, BUT I DIDN'T. ALL RIGHT. SO WE'VE GOT A, UH, THIS IS FOR ITEM H TWO, UH, WILLIAM, A MOTION AND A SECOND BY JESSICA. UM, AND, UH, SO LET'S CALL THE ROLL, JESSICA. YES. OKAY. THIS IS TO APPROVE IT AS WRITTEN MELISSA. YES. THANK YOU, WILLIAM. YES. UH, DON LAYTON BOROUGH. YES. FROM MCDANIEL. YES. OKAY. UH, DARRYL UPROOT? YES. OKAY. VERONICA? YES. YASMIN YES. THANK YOU, MICHAEL? YES. OKAY. KELLY. YES. THANK YOU. AND MARTHA. ALL RIGHT. THANK YOU. ALRIGHT, GOOD. AND SO ELAINE WITH YOU WILL TELL THEM THAT WHAT WE HAD SENT THEM BEFORE WAS, IS NOW BEEN APPROVED BY THE BOARD. UH, YOU ASKED ME WHERE DO WE SEE THE OTHER YEARS? UH, PROBABLY IT'S THE CITY CLERK'S OFFICE. I, I, I, I LITERALLY TOOK LAST YEARS AND I JUST CHANGED THE NUMBERS AND, AND WROTE IN A FEW NEW THINGS OF WHAT WE HAD DONE AND WHAT WE [02:20:01] PLAN TO DO, BUT IT'S ALL, I'M ONLY BEGGING THAT QUESTION TO FIGURE OUT HOW WE STACK UP IN ORDER FOR US INTERNALLY TO DISCUSS OUR PROCESSES AND PROCEDURES IN ORDER, DON'T BE YOUR BEST RESOURCE, PROBABLY GO TO THE CITY CLERK'S OFFICE TO FIND THE PAST ONES, BECAUSE THEY'RE ALL PUBLIC RECORD. OKAY. UM, SO, UH, I I'VE TALKED TO ELAINE ABOUT H [H-3 Discussion and possible action regarding on an Open BOA Alternate Position; need Mayor Adler to make appointment, ASAP] THREE, UM, AND, AND GIVEN EVERYTHING THAT THE MAYOR HAS ON HIS PLATE. UH, IT'S MY UNDERSTANDING THAT, UH, FILLING OUR ALTERNATE POSITIONS, UM, IS NOT A PRIORITY RIGHT NOW. UM, AND SO I'M GOING TO KEEP PUSHING FORWARD BECAUSE I THINK IT'S IMPORTANT FOR CASES, UH, FOR THE PUBLIC THAT WE HAVE ALL 11 MEMBERS CRESCENT AS MUCH AS HUMANLY POSSIBLE. AND WE DIDN'T HAVE THAT TONIGHT. AND, AND, UM, AND SO, UM, ANYWAY, UH, I'LL KEEP PUSHING ON THAT. UM, H FOR [H-4 Discussion and possible action regarding on Staff & PC Coordination Workgroup (Leighton-Burwell, Hawthorne, Von Ohlen & Bailey); coordination with COA Planning Staff (including reporting, presentations and general accountability) and Planning Commission (including LDC overlap (e.g. Sign Regulations, etc).] ENROLLMENT, TRYING TO GET YOU OUT BY EIGHT 30. SO, UM, H UM, SO, UH, THIS IS, UH, THE GROUP THAT WE TALKED ABOUT, UM, PUTTING TOGETHER, UH, AND, UH, LAST TIME AND, UH, I AM ON IT. MELISSA IS ON IT, MICHAEL'S ON IT. AND BROOKE BAILEY WHO BY THE WAY, WAS NOT HERE TONIGHT. UH, CAUSE SHE HAD SURGERY SHE'S WATCHING ONLINE, UH HE'LL WEALTH. UM, AND SO, UM, ANYWAY, WHAT WE'RE, UH, WHAT WE'RE CAME UP WITH IS BASICALLY THIS LIST ON H FOUR. UM, IF YOU LOOK AT THAT ITEM, UM, THAT, UH, TALKS ABOUT WHAT WE WANT TO DO, AND THAT'S BASICALLY THE LANGUAGE THAT WE PUT IT IN IS HOW WE CAN, UM, MEND, UH, AND BUILD NEW BRIDGES WITH, WITH, UH, STAFF. UH, AND, UM, AND, AND IN PARTICULAR DOES THE SUPPORT THAT WE GET FROM, UH, DSD OUTSIDE OF ELAINE? I THINK ELAINE AND LEE ARE, UM, UM, YOU DO A GREAT JOB OF SUPPORTING US, BUT THERE'S BEEN SOME OTHER TIMES THAT WE FELT LIKE WE NEEDED, UM, A BIT MORE. SO, UM, WITH THOSE, UM, WHAT I'D LIKE TO DO IS, IS, UH, HAS EVERYBODY HAD A CHANCE TO READ THIS? YEAH. SO WHAT I'D LIKE TO DO ALSO ON THIS IS TO TAKE A VOTE I NEED TO DO, AND IN TERMS OF MOVING FORWARD SO THAT WE COULD SHARE IT WITH STAFF AND, UH, HERE'S WHAT WE'D LIKE TO DO, COME BACK AND SPEND A GREAT JOB OF COMING BACK WITH SOME NEW TRAINING SESSIONS. WE MIGHT BE ABLE TO BE ON THE BAN OR NOT ON DEMAND ONLINE TRAININGS, UM, AGAIN, UM, AND THEN I'M NOT SURE THAT WE NEED TO NECESSARILY VOTE ON THIS, BUT, UH, UM, BUT IS THERE ANYBODY WHO HAS AN ISSUE WITH US MAKING THIS, OUR CHARGE? OKAY, WELL, LET'S, LET'S DO IT BY ACCLAMATION, IF THAT'S ALL RIGHT. YEAH. YOU ASKED ME, I JUST HAD A QUESTION ON TO NUMBER SEVEN. I AGREE WITH THAT COMPLETELY. I WAS WONDERING IS, DO YOU HAVE YOUR QUESTION ON THAT IN PARTICULAR WAS WHERE THAT CAME FROM? YEAH, SO I THINK THAT THE, THE DRIVER ON THAT WAS, UM, THE DECORUM THAT WE SHOW, RIGHT. AND THE RESPECT THAT WE SHOW, UH, TO, UH, UH, EACH OTHER TO, UH, THE PUBLIC THAT WE SERVE. UM, AND, UH, AND, AND, AND, AND, UH, PART OF THAT IS ALSO, UM, UH, WORKING TO TRAIN OURSELVES, UM, IN TERMS OF GREGOR ACCOUNTABILITY, UH, BECAUSE I THINK THAT THERE, AND AGAIN, SINCE WE'RE UNABLE TO GET TOGETHER AND DISCUSS THESE THINGS, YOU KNOW, OUTSIDE OF WORK GROUPS AND THAT SORT OF THING, BUT ON, I'VE HEARD INDIVIDUAL FEEDBACK FROM BOARD MEMBERS THAT, UM, THEY FELT, UH, AND, AND AGAIN, THIS IS NOT VERIFIABLE, BUT THAT THEY FELT THAT SOMETIMES PEOPLE WERE ILL PREPARED THAT THE QUESTIONS THAT WERE BEING ASKED IT'S LIKE, DID YOU READ YOUR PACKET? THOSE SORTS OF THINGS LIKE THAT. AND SO A PART OF US AS STAFF BEING MORE ACCOUNTABLE TO US IS, UH, US ALSO HOLDING IT AS IS HIGHEST STANDARDS REQUIRES OUR JUDICIAL BODY THAT WE CAN MUSTER. AND I KNOW I'VE PERSONALLY BEEN GUILTY OF, UH, OF, UH, UH, [02:25:01] UH, INDISCRETIONS RELATIVE OR NOT INDISCRETION, BUT, BUT ACTIONS THAT I THOUGHT, YOU KNOW, WHEN I LOOKED BACK AT HIM AND SAID, YOU KNOW, I COULD'VE DONE THAT BETTER THAN I DID. UM, I COULD HAVE, UH, UH, GIVEN, UH, AN APPLICANT, UM, MORE INFORMATION OR, OR, UM, BEEN MAYBE A LITTLE LESS, UM, SHARP. AND SO THAT'S PART OF WHAT THAT SPEAKS TO MR. CHAIR. YES, SIR. IF I MADE THAT, BECAUSE I KNOW YASMIN HAS STARTED COMING FROM WHERE I WAS COMING FROM A SECOND AGO, UH, SOME OF THAT ALSO CAME FROM COUNCIL MEMBERS THAT, UH, AND EVEN NOT MY COUNCIL MEMBER, BUT ANOTHER COUNCIL MEMBER, IT SAID, I HAD MENTIONED IN PASSING AND THEN DOING IN PASSING IN A VERY POLITICALLY CORRECT WAY AT A WORD A MEAN BOARD SOMETIMES WHEN, ACTUALLY WE'RE JUST TRYING TO GET TO THE ROOT OF WHAT IS GOING ON IN THE CASE. AND WE TREAT THESE CASES, CASES INDIVIDUALLY. SO THAT WAS ONE OF THE THINGS. AND IT'S A GUESS, UH, THAT'S WHERE I WAS COMING FROM WHEN I MADE MY COMMENTS A LITTLE BIT EARLIER, THAT IT IS IN THE HEAT OF DISCUSSION. SOMETIMES WHEN YOU GO BACK AND LOOK AT SOME OF THESE THINGS, AND I NORMALLY DON'T GO BACK AND LOOK AT THEM, UNLESS MY NAME'S IN THE PAPER OR THE MONITOR, OR I GET A CALL FROM A COUNCIL MEMBER, OR I GET A CALL FROM THE MAYOR. AND THAT'S WHEN I GO BACK AND LOOK AND SAY, OH MAN, MICHAEL, YOUR LANGUAGE WAS A LITTLE COLORFUL THERE. YOU NEED TO, YOU KNOW, IT USED TO BE THAT I WOULD GO OUT AND USE THE RESTROOM AND CHANNEL SIX WOULD COME OUT AND SAY, MR VINYL, YOU CAN'T SAY THAT WHEN I CAME OFF A JOB SITE, I'VE BEEN TALKING LIKE THAT ALL DAY. SO THAT'S, THAT'S SOME OF WHERE THAT, THAT WAS COMING FROM. I JUST WANT TO MAKE SURE THAT I AGREE WITH THE, UH, THE WRITING ON THE NOTE, YOU KNOW, THE WRITING AND THE FOUR PAGES. RIGHT. BUT I JUST WANT US TO MAKE SURE THAT WE, UM, ARE AWARE OF, YOU KNOW, WE'RE TALKING ABOUT THE CORE, I'M JUST AWARE OF THE DIFFERENT COMMUNICATION SKILLS OF INDIVIDUALS DUE TO THEIR LIVED EXPERIENCE AND NOT USING THIS AS A WAY, UM, QUITE FRANKLY, WHITEWASH IT. SO, UM, I JUST WANT TO MAKE SURE THAT THAT IS ON RECORD BECAUSE YOU'RE TALKING TO SOUTH TEXAS BOARD RIGHT OFF THE RANCH. I KNOW THAT'S WHERE THEY'RE WITH. YOU JUST WANT TO MAKE SURE IT'S ALL RECORD MELISSA. GO AHEAD. WELL, I THINK TOO, THAT A LOT OF TIMES, YOU KNOW, WE'RE, WE'RE HERE AS SERVICE COUNSEL, BUT WE'RE HERE TO SERVE THE CITIZENS. AND A LOT OF TIMES, I MEAN, UNLESS THEY HAVE AN AGENT, SOME OF THEM ARE JUST SCARED. I MEAN, SO WHEN THEY'VE NEVER DONE IT BEFORE THEY NEVER BEEN ON TV, THEY NEVER HAD TO SPEAK INTO THE MICROPHONE. AND SOMETIMES THEY REALLY ARE JUST SCARED AND THEY DON'T UNDERSTAND, OH, YOU GET FIVE MINUTES. IT'S PRETTY SCARY WHEN YOU GET UP A MICROPHONE THE FIRST TIME, AND YOU TRY TO LIKE, GET YOUR THOUGHTS ALTOGETHER. AND LIKE, SOMEBODY LIKE ASKS YOU A QUESTION, YOU LOSE EVERYTHING IN YOUR HEAD AND CAMERA'S STARING AT YOU. I MEAN, JUST KIND OF LIKE THE FIRST TIME YOU SIT AT THE DIETS AND HAVE TO LISTEN TO A CASE. SO A LOT OF TIMES I JUST LITERALLY TRY TO SAY SOMETHING NICE. I MEAN, PARTICULARLY IF SOMEBODY'S, YOU COULD TELL THEY DID THEIR, OR THAT THEY LISTENED TO ELAINE, OR PERHAPS A MEETING WHERE THEY PUT THEIR PACKET TOGETHER, BECAUSE FRANKLY THEY MIGHT JUST BE FRIGHTENED AND, YOU KNOW, THEY COME IN AND, AND YOU KNOW, THERE'S US, WE CAN BE A LITTLE SCARY, MELISSA, YOU HAVE THE NICEST WAY OF SAYING IT IN PART OF A PART OF THIS TOO, UH, YASMINE IS, IS, UH, YOU KNOW, WE'RE ACROSS OUR JUDICIAL BOARD, BUT PEOPLE, PEOPLE AREN'T ON TRIAL HERE, THE CASES ARE ABOUT SETBACKS AND OTHER THINGS LIKE THAT. AND THERE HAVE BEEN TIMES, AND AGAIN, I, I THINK I'VE BEEN GUILTY OF IN THE PAST OF, OF, UH, UH, PUTTING PEOPLE ON THE SPOT, UH, AND, AND, AND CALLING INTO QUESTION, YOU KNOW, INTENTION OR, OR OTHER THINGS LIKE THAT, AS OPPOSED TO LOOKING, HERE'S THE CASE. IT'S ABOUT IMPERVIOUS COVER. IT'S ABOUT, YOU KNOW, UM, THESE, THE THINGS THAT ARE AT HAND IN THE PACKET AND, AND NOT CASTING A WIDE NET OF GOING IN, YOU'RE A BAD PERSON FOR EVEN ASKING FOR THIS TYPE OF THING. SO I THINK THAT THAT'S, THAT'S PART OF WHAT WE ARE TRYING TO DO WITH THAT. OKAY. I ALSO THINK THAT'S PART OF THE TRAINING AND THAT WILL HELP US TEAM BUILD. AND PERHAPS WE'LL ALL GET TO KNOW EACH OTHER A LITTLE BETTER AND, AND BE ABLE TO MOVE THE CASES FORWARD. UH, IF YOU LOOK AT THE REPORT, ACTUALLY OUR DENIAL AND POSTPONEMENTS ARE ACTUALLY PROBABLY HIGHER THAN ANY TIME. I HAVE BEEN ON THE BOARD FOR AS FEW CASES AS WE'RE GETTING, BECAUSE THE FEE [02:30:01] WENT UP BECAUSE, YOU KNOW, CODEX WAS COMING OR ALL OF THOSE THINGS. AND, UM, SO I THINK, YOU KNOW, JUST AMONGST THE LIST OF THINGS THAT WE CAN DO, NOT SINGULARLY ONE ITEM, OR IT WAS JUST A, WE WERE BRAINSTORMING AN HOUR AND GOT TO HAVE A GOOD CHAT WITH EACH OTHER. AND I, IT WAS MOSTLY OKAY. THANK YOU. THANK YOU FOR THAT. I'M GLAD YOU ENJOYED IT CAUSE I DID TOO. ALRIGHT. UM, MOVING ON [H-5 Discussion and possible action regarding UNO Sign regulations – requesting presentation by City Staff (Jerry Rusthoven or Andy Linseisen)] TO, UH, AND SORRY, WRONG. IT'S AN EIGHT 31, BUT WE'RE CLOSE. UM, IT'S UH, THIS IS, UH, AGAIN, UH, THIS IS, I WANTED YOU GUYS TO SEE THE, UH, LETTER FROM, UH, JERRY . UH, AND THIS IS SOMETHING WE DISCUSSED BRIEFLY LAST TIME, BUT AGAIN, THIS IS ABOUT, UH, THE, YOU KNOW, SIGNED REGULATIONS, GETTING PORTED TO OTHER AREAS OF TOWN. AND THAT IN PARTICULAR, AS WE TALKED ABOUT EARLIER, THERE WAS A PROBLEM WITH THE WAY THE ORDINANCE WAS ACTUALLY WRITTEN AFTER IT WAS APPROVED. AND THEY'RE IN THE PROCESS OF TRYING TO FIX THAT IN THE MEANTIME, UH, I'VE ASKED PLANNING COMMISSION AND, AND, AND, UH, UM, UH, VSD STAFF IN PARTICULAR TO KEEP US ABREAST OF THOSE THINGS, BECAUSE IT MAY, UM, IMPACT OUR DELIBERATION. SO I JUST WANTED EVERYBODY TO BE AS AWARE OF THE, YOU KNOW, SIGN REGULATIONS, UH, AS, UH, AS I HAVE NOW BECOME, UH, BUT, BUT NOT IN A PROACTIVE WAY, I JUST SORT OF HAPHAZARDLY FOUND OUT ABOUT THIS STUFF. SO I JUST WANT TO BE MORE PROACTIVE ABOUT THAT. UM, UH, ITEMS H SIX, [Items H6 & H7: H-6 Discussion and possible action regarding on the draft LDC; BOA LDC Workgroup Report (Workgroup Members: Leighton-Burwell, Hawthorne, Cohen, Hodge and Smith) H-7 Discussion and possible action regarding on the FY 2020-21 Budget Calendar - postponed workshop/training for BOA ] UH, H SEVEN AND, UM, H EIGHT. UM, WELL, I TAKE THAT BACK EIGHT H SIX AND H SEVEN. I DON'T THINK THAT THERE'S ANY, UM, REALLY ACTION THAT WE NEED TO TAKE ON THOSE AT THIS POINT. THEY'RE ONES THAT WE SORT OF TABLED ALONG THE WAY. SO WE'RE LESS, UM, LESS FOLKS ARE CONCERNED ABOUT THAT. I WOULD LIKE TO TALK ABOUT, UH, [H-8 Discussion and possible action regarding on the Number of Allowed Postponements; BOA Workgroup (Workgroup Members: Leighton-Burwell, Cohen and Bailey)] ITEM H, UH, WHICH AGAIN WAS ANOTHER, UM, WORK GROUP. UM, I'D LIKE TO DISCUSS H H SEVEN. YES. OKAY. GO BACK TO EACH OTHER. I'M STARTING IS THIS IS HF SEVEN, ALSO ENCOMPASSING POSSIBLE MOVES THAT OR BUDGET RECOMMENDATIONS FOR COUNSELING. THE BUDGET RECOMMENDATIONS, PROBABLY ALL THE BEST WE'RE GOING TO GET IS, UH, STAFF, UH, UM, DOING TRAININGS FOR US. AND WE MAY GET SOME SANDWICHES AT THOSE. UH, YOU KNOW, WE HAVE ASKED FOR OUTSIDE COUNSEL, WE'VE ASKED FOR OTHER THINGS IN THE PAST, AND THOSE HAVE NOT, UM, UH, COME ABOUT. UM, SO IT DOESN'T MEAN THAT WE CAN'T ASK FOR THINGS THAT WE THINK ARE REASONABLE TO SUPPORT OUR EFFORTS, BUT, UM, BUT IT'S A LIMITED BUDGET AND, UH, I'M NOT SURE WE'RE GOING TO GET A LOT MORE THAN, THAN DEDICATION OF STAFF, TIME TO TRAIN. AND I WOULD, UH, YOU KNOW, AGAIN, I WOULD LIKE TO BRING UP THE FUND DEDICATED TO LOWER SOCIOECONOMIC INDIVIDUALS BEING ABLE TO BE HEARD IN FRONT OF US LEAD DO BE EMAILED A COUPLE OF TIMES. DO YOU HAVE THAT ANALYSIS ON THE ABILITY FOR US TO DO, TO DO THAT? THE BEST THAT WE HAVE BEEN THE BEST THAT WE'VE BEEN ABLE TO DO ON THAT HAS BEEN TO RECOGNIZE THAT RESIDENTIAL, UM, FOLKS THAT ARE COMING BEFORE US DO NOT HAVE THE SAME RESOURCES THAT COMMERCIAL APPLICANTS DO. AND WE'VE MOVED BACK CONSIDERABLY THE FEES FOR RESIDENTIAL, UM, UH, VARIANCES AND, AND COUNCIL, UH, TOOK OUR LEAD ON THAT AND PASSED A REDUCTION IN THE, UH, IN THE THEME BEYOND THAT, I THINK THAT YOU WOULD HAVE TO PROBABLY, UM, GET WITH YOUR COUNCIL MEMBER AND SEE IF THERE'S OTHER, OTHER THINGS THAT CAN BE DONE ON NOT MR. UH, YASMIN, CAN YOU GET A HOLD IF YOU WANT TO GET AHOLD OF MY INFORMATION FROM, UH, ELAINE, ELAINE, YOU HAVE MY PERSONAL CELL NUMBER AND GET IT TO YASMINE. LET'S TALK OFFLINE ABOUT THIS BECAUSE I'VE BEEN SPEAKING TO MY COUNCIL MEMBER AND A COUPLE OF OTHER COUNCIL MEMBERS ABOUT THE SAME THING THAT YOU'RE DISCUSSING AND THE BUDGET ISSUE. AND, AND SO I DON'T WANT TO PUT IT UP THERE ON THE AIR OF SOME OF THE INFORMATION THAT I HAVE, BUT I THINK WHAT YOU'RE ASKING IS REASONABLE. AND I THINK IT'S SOMETHING THAT COULD BE DONE, [02:35:01] BUT IT DEPENDS ON HOW WE'RE GOING TO COUCH, COUCH IT, OR PRESENT IT. SO IF YOU COULD GET WITH A LANE AND GET MY PERSONAL INFORMATION, AND THEN GIVE ME A CALL AND I'LL TELL YOU, I'LL GIVE YOU THE INFORMATION THAT I'VE, I'VE RECENTLY JUST, I MEAN, I'M TALKING ABOUT IN THE LAST MONTH OR TWO HAVE HAD DISCUSSIONS ON THAT SAME ISSUE. OKAY. I WILL DO THAT, BUT MAY I PLEASE HEAR FROM LEGAL ON THE ANALYSIS I'VE ASKED FOR SPECIFICALLY ON THE POSSIBILITY OF THIS TYPE OF PEN BEING CREATED, CERTAINLY, UH, COMMISSIONER SMITH, I, THE SORT OF BIG VIEW PICTURE OF THE ANALYSIS, DOES THAT REQUIRE SOME SORT OF RESOLUTION BY THE BOARD TO COUNSEL REQUESTING THAT KIND OF A FUND? UM, I KNOW THAT THE BOARD AND VARIOUS BOARDS AND COMMISSIONS HAVE DONE THIS IN THE PAST AND WITH VARIOUS DEGREES OF SUCCESS, OF COURSE, IT'S UP TO THE COUNCIL TO DECIDE. UM, BUT WE COULD CERTAINLY ADD THAT AS A, UH, AN ITEM FOR NEW BUSINESS IN THE FUTURE BOARD MEETING TO DISSECT THE ISSUES AND FIGURE OUT WHAT KIND OF RESOLUTION WOULD LOOK LIKE. OKAY. AND THAT MAKES ME JUST A LITTLE BIT NERVOUS WITH THE TIMELINE OF THE BUDGET PROCESS RIGHT NOW, RIGHT? WHEN'S OUR NEXT BOARD MEETING AFTER THE MEETINGS AUGUST. OH, SORRY, 10. SO THAT WOULD LEAVE TWO DAYS BEFORE THE FIRST BUDGET HEARING OR THAT, THAT NEXT, THAT AUGUST 12TH BUDGET HEARING, WHERE I WOULD ASSUME FOR RESOLUTION OF THIS MATTER WOULD BE IN THE HANDS OF COUNCIL. MY UNDERSTANDING IS THAT RESOLUTIONS ARE THIS, THESE KINDS OF RESOLUTIONS VIS-A-VIS COMMUNICATIONS TO COUNCIL WOULD BE DUE BY JULY 31ST. YEAH. OKAY. IS THERE ANY WAY WE CAN GET, IT SOUNDS LIKE, I MEAN, I'M GOING TO CALL, UH, UM, UH, COMMISSIONER VAN HALEN, UH, HOLLAND, UM, HUH. YOU JUST CALLED HIM VAN HALEN. IT WAS AWESOME. SORRY, IN A DAY. UM, BUT IS THERE ANY WAY WE CAN DO LIKE A WORKING GROUP BETWEEN NOW AND OUR NEXT MEETING SO THAT WE CAN HAVE A REVOLUTION TO BE VOTED ON FROM THIS BOARD IN ORDER TO GET IT INTO THE HANDS OF MEMBERS BEFORE THEIR 12TH HEARING DATE I'M RETIRED. SO IF YOU WANT TO GET IN TOUCH WITH ME AND WE DO A MINI COMMITTEE, MR. CHAIR, AND ANYBODY ELSE WHO ELSE WANTS TO JUMP IN THERE, IT'S MORE THAN WELCOME. IT HAS TO BE LESS THAN THAT CORE, OF COURSE, OF COURSE. BUT WHAT I'M SAYING, IF YOU GUYS ARE TALKING AMONGST YOURSELVES, THAT AS YOU SOLICIT OTHER FEEDBACK OR WHATEVER, IT'S NOT MORE THAN A QUORUM. WELL, THAT'S WHERE I'M GOING RIGHT NOW. IT LOOKS LIKE IT MIGHT BE ME, MYSELF, YASMIN AND JESSICA. UH, AND I'M FINE WITH THAT, YOU KNOW, JUST A SMALL COMMITTEE SO THAT WE CAN MAYBE PUT SOMETHING TOGETHER REAL QUICK, UM, TO DO THE RESOLUTION, TO GET, IF YOU WANT TO JUMP IN THERE. CAUSE YOU'RE ALWAYS CORRECTING THE WAY I WRITE MY RESOLUTION ON THE JUDGES. OKAY, STOP, STOP, PLEASE. WE WOULD NOT BE ABLE TO VOTE ON ANYTHING UNTIL OUR NEXT MEETING. SO YOU CAN COME BACK WITH RESOLUTIONS. AND I ENCOURAGE THAT. I THINK THAT GROUP, BUT I GUESS MEN, MICHAEL AND JESSICA WOULD BE GREAT TO COME UP WITH SOME THINGS THAT WE WOULD LIKE TO PUT FORWARD TO COUNCIL, BUT IT WILL, BUT WE WILL NOT BE ABLE TO VOTE ON IT UNTIL NEXT WEEK. JUST I UNDERSTAND THAT MR. CHAIR, BUT I ALSO UNDERSTAND POLITICS AND I UNDERSTAND HOW THE SYSTEM WORKS. AND JUST BECAUSE WE COME UP A LITTLE BIT LATER THAN THE DAY THAT THEY'RE ASKING FOR IT DOESN'T MEAN IT WON'T BE TAKEN INTO CUSTODY. I'M WILLING TO THROW A DART AT THE YEAH. YEAH. WE ALWAYS NEED TO TAKE THE LONG VIEW ON THESE THINGS, BECAUSE IF IT ISN'T IN THE BUDGET, NOW IT MIGHT BE NEXT YEAR SORT OF THING. SO, I MEAN, IT TOOK US A WHILE TO REDUCE THE FEES BACK TO WHERE THEY WERE. WE BELIEVE THAT THEY NEEDED TO BE. SO WE JUST NEED TO, UH, HUNKER DOWN JESSICA, JUST A QUICK QUESTION FOR THOSE I'VE BEEN ON THE BOARD FOR A WHILE. I MEAN, IS THIS SOMETHING THAT YOU HONESTLY THINK WE COULD SUCCEED AT? I MEAN, CONSIDERING HOW DIFFICULT IT WAS TO GET COUNCIL TO LOWER THE FEES IN THE FIRST PLACE TO WHERE THEY ARE NOW, I WOULD SAY THAT, YOU KNOW, OUR EFFORTS NEED TO BE WHAT WE BELIEVE IS IN THE BEST INTEREST OF THE BOARD AND, AND OUR, OUR SERVING THE CITIZENS OF AUSTIN AND, AND, AND LET COUNCIL, AND THAT, YOU KNOW, DECIDE HOW THEY WANT TO [02:40:01] DO THAT. I WOULD NOT STOP ANY EFFORTS BECAUSE WE DON'T THINK THAT THEY'RE GOING TO GO ANYWHERE. RIGHT. I WOULD THINK IF I MAY, THE POLITICAL CLIMATE IS NOW AND WE DON'T MOVE NOW. AGREED. YES. AND SO, SO LET'S, LET'S DO THIS WORK AND KEEP IN MIND, WE'VE HAD MORE WORK GROUPS SINCE I BECOME CHAIR THAN I BELIEVE WE'VE THERE HAVE EVER BEEN WORK GROUPS THAT ACTUALLY MET AND GOT STUFF DONE. SO I'M GOING TO PAT MYSELF ON THE BACK. BUT MELISSA, I WAS GOING TO SAY, IS THAT WHILE YOU HAVE THESE THOUGHTS AND TALK ABOUT THE WORKING GROUP, THERE'S NOTHING LIKE COMMUNICATION WITH YOUR COUNCIL PERSON, CORRECT. THAT THESE TYPES OF DECISIONS ARE MADE AT ALL AND FINANCE COMMITTEE, OR THEY'RE MADE IT BUDGET. SO WHETHER OR NOT, IF YOU HAVE A STRONG OPINION, ALWAYS COMMUNICATE WITH YOUR COUNCIL PERSON, CAUSE WE SERVE AT THE, AT THE WILL OF COUNCIL. BUT A LOT OF TIMES THEY MIGHT I ASK OR LOOK FOR FOUR THOUGHTS OF THIS NATURE FROM US. CORRECT. WE MAY NOT HIT THAT DATE IN THE CORRECT MANNER, OR, BUT IF YOUR COMMUNICATION STARTS NOW, WHEN IT DOES GET THERE, THEN WELL RECEIVED. ABSOLUTELY. OKAY. ALL RIGHT. ANY MORE DISCUSSION ON ITEM A H SEVEN. OKAY. SO, SO NEXT TIME WE'LL EXPECT SOME SORT OF REPORTING BACK FROM THE NEWLY FORMED WORK GROUP, UH, AS TO AT LEAST SOME ROUGHED OUT IDEAS ABOUT, UH, WHAT MIGHT BE ABLE TO DONE BE DONE IN PARTICULAR TO HELP APPLICANTS THAT, UH, ARE ALREADY DISADVANTAGED, EVEN WITH THEM, THE RATES OR FEE RATES THAT WE HAVE NOW. YEAH. VERONICA JUST, AND I KNOW WE WERE IN JAZZ, MICHAEL AND I WERE IN JEST, BUT I THINK IT'S NOT JUST A REPORT. IF THEY HAVE A RESOLUTION, THAT'S SOMETHING THAT WE CAN CONSIDER AS WELL. YES. YEAH. I MEAN, I, YEAH. HOWEVER, FLESHED OUT IT CAN BE. YEAH. IF IT'S SOMETHING THAT WE CAN TAKE ACTION ON NEXT TIME, WE'D LOVE TO KEEP YOU IN LINE AND IN PUNCTUATIONS AND ALL THAT. YEAH. THERE YOU GO. EVERYTHING I'VE ALREADY SENT THAT EMAIL CONTACT INFORMATION WORKING GROUP. I'LL SEE YOU GUYS IN A COUPLE DAYS. OKAY. VERY GOOD. THANK YOU. OKAY. UH, SO, UH, BACK TO, UH, ITEM H AND AGAIN, THIS WAS A WORK GROUP EFFORT AND, UH, IT IS, UH, THE GUIDELINES FOR POSTPONEMENTS. AND AGAIN, THESE ARE JUST GUIDELINES, BUT IF, UH, IF THE BOARD IS AGREEABLE TO THESE, WHAT WE WOULD DO WOULD BE INCORPORATE THESE INTO, UH, THE GUIDELINES THAT WE PUT OUT TO THE PUBLIC, UH, ABOUT. UM, AND, AND HE USED IT OURSELVES AS A GO BY FOR POSTPONEMENT IT'S GUIDELINE. IT'S NOT A ABSOLUTE REQUIREMENT. WE ALWAYS HAVE THE WHEREWITHAL TO CHANGE IT IF WE WANT TO OR NOT ROB. SO, SO I READ THESE, UH, YESTERDAY AND IT LOOKED LIKE THEY WERE IN, THEY W THEY CONFORMED WITH WHAT WE HAVE ALREADY BEEN DOING IN PRACTICE. SO I WAS SUPPORTIVE. I, UNLESS I MISSED IT, I DIDN'T SEE ANYTHING THAT WAS REALLY THERE WASN'T ANYTHING. YEAH. ALL OF THIS, WE WERE JUST TRYING TO CODIFY IT SO THAT WE COULD SEEM LIKE IT SEEMED LIKE A GOOD DOCUMENT. SEEMS HELPFUL. IS THAT A MOTION TO APPROVE? SURE. OKAY. OKAY. I THINK MICHAEL GOT IT FOR YOU THERE. UH, JESSICA, SO, ALRIGHT. UH, SO LET'S GO. IS THERE ANYONE OPPOSED? LET ME ASK THAT. OKAY. SO WE'LL, UM, UM, LET ME JUST WRITE A MOTION AND SECOND. ALL RIGHT. SO, UM, IS THERE ANYONE WHO IS ABSTAINING FROM SUPPORTING THIS? OTHERWISE, I'M GOING TO PUT EVERYBODY DOWN. THERE'S AN AFFIRMATIVE. ALRIGHT. VERY GOOD. THANK YOU FOR IT'S MORE TO THAT, BECAUSE HERE'S THE THING WHEN WE ARE CREATING THESE WORK GROUPS AND STUFF LIKE THAT, SOMETIMES A FAIR AMOUNT OF WORK GOES INTO THEM. AND SO, UM, SO THE SUPPORT OF THIS GROUP IS, IS HELPFUL THAT WAY. ALRIGHT. UM, AGE NINE, I DON'T [H-9 Discussion and possible action regarding Workgroups Update: Transportation Criteria/Code Recommendations Workgroup (Smith, Hodge & Corral)] BELIEVE THAT THERE'S ANYTHING PROBABLY THAT HAS TRANSPIRED OR, UH, MOVED FORWARD ON THAT. UH, I THINK, UH, WILLIAM AND YASMINE, YOU'RE THE TWO THERE. AND AGAIN, THIS WOULD BE LARGELY STUFF THAT WE SEE IN THE EXISTING CODE THAT WE THINK NEED TO BE, UM, AMENDED. SO GO TO CODES AND ORDINANCES BECAUSE WE'RE SEEING CONSTANT ISSUES [02:45:01] WITH THEM. ALL RIGHT. UH, AND THEN ON TO I'VE LOST. UM, ALL RIGHT. YEAH. [H-10 Discussion and possible action regarding alternative meeting dates and locations] NOW I LOST MY SHOES AND POSSIBLE ACTION REGARDING ALTERNATIVE MEETING DATES. SO AGAIN, I THINK THAT THAT'S PROBABLY TABLE FOR AWHILE TOO. WE'RE GOING TO CONTINUE TO DO THESE ONLINE. UM, MAYBE NOT NEXT MONTH. UH, IT WAS A QUESTION AS TO WHETHER OR NOT WE WERE DOING THEM ONLINE THIS MONTH. UM, UH, BUT THE GOVERNOR CAME THROUGH AT THE LAST MINUTE AND, AND EXTENDED THE ORDER FOR AT LEAST 30 DAYS. SO I THINK THAT THAT WOULD COVER OUR NEXT MONTHS MEETING, BUT IT MAY NOT. SO MYSELF AND OTHERS MAY NEED TO SHOW UP AT CITY HALL NEXT TIME. UM, BUT, UH, WE HAD ALREADY MADE IT CLEAR THAT WE DID NOT WANT TO MOVE FROM CITY HALL POSSIBLY. AND I THINK, HONESTLY, WE NEED TO GET BACK TO THIS SORT OF A REGULAR AGENDA BEFORE WE CAN MAKE A FINAL DETERMINATION OR MINUTES. AND THEN, UM, ANY ANNOUNCEMENTS? [H-11 Announcements] NOPE. OKAY. VERY GOOD. WELL, YES. ANYTHING [Items H12 & I: H-12 Discussion of future agenda new business items, staff requests and potential special called meeting and/or workshop requests I. ADJOURNMENT] FOR NEXT TIME? ANYTHING NEW THAT WE'D LIKE TO ADD? I WILL NOT BE NEXT MONTH'S MEETING. YOU WILL NOT BE HERE. OKAY. ALRIGHT. UH, ALL THE MORE REASON FOR US TO, UH, GET, UH, GIFTS, UH, ALTERNATE ALTERNATE IN PLACE, BECAUSE WE'RE REALLY BEING HAMSTRUNG, BUT YEAH, ANY ABSENT, UH, ABSENCES, YOU KNOW WHAT WE DISCUSSED PREVIOUSLY, IT'S LIKE COMMUNICATE WITH A COUNCIL MEMBER. SO I KNOW THAT THAT'S REALLY IMPORTANT, WHATEVER HE CAN DO TO TRY AND GET THE MAYOR. OKAY. AT MELISSA. I JUST WANTED TO SAY THANK YOU. I REALLY APPRECIATE Y'ALL SUPPORT. YEAH, ABSOLUTELY. Y'ALL SO IF THERE ARE NO OTHER ITEMS, UH, WE WILL GO AHEAD AND ADJOURN THE MEETING. THANK YOU ALL FOR YOUR TIME AND EFFORTS AND, AND, AND, UM, ALSO TALK TO MARTHA AND KELLY AND KELLY SMITH. THANK YOU. BYE BYE. BYE . * 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.