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[00:00:03]

WE'RE HERE.

UM, IF YOU GUYS CAN MUTE YOUR MICROPHONES, UNLESS YOU'RE SPEAKING, THAT WOULD BE HELPFUL.

WE'RE GETTING SOME BACKGROUND DOORS, OKAY.

CALL TO ORDER THE AUGUST 10TH, 2020, A MEETING OF THE BOARD OF ADJUSTMENT.

AND, UM, OBVIOUSLY IS, UH, DUE TO THE CURRENT SITUATION WITH COVID-19.

THIS MEETING IS BEING HELD VIRTUALLY ONLINE.

UM, WE HAVE A QUORUM PRESENT AND, UM, UM, SO IT IS FIVE 31 AND I'M CALLING THE MEETING TO ORDER.

WELL, LET'S GO AHEAD AND, UM, START WITH THE DISCUSSION AND REQUESTED ACTION ITEM.

THIS IS A ONE SHAFT REQUEST TO APPROVE THE JULY 13TH, 20, 20 MINUTES IN THE HISTORY.

I'M SORRY.

SHOULD WE CALL THE ROLE? OH, YES, I'M SORRY.

YES.

THAT'S NOT ON MY AGENDA HERE, BUT YES, WE'RE CALLED THE ROLE.

UM, SO IF WE CAN DO THAT, UH, RUTH BAILEY, JESSICA COHEN, JESSICA, HE CAN'T HEAR YOU, BUT WE CAN SEE YOU.

ALRIGHT.

I'M OUTTA CAROLL HERE.

THANK YOU.

UH, MELISSA, WE SEE YOU AS WELL.

KEEP MUTING YOURSELF.

ALRIGHT, WILLIAM, UH, RIGHT HERE.

UH, DON LAYTON BURWELL HERE, RON MCDANIEL HERE.

THANK YOU.

UH, DARRYL FRUIT HERE.

OKAY.

UH, YASMIN SMITH HERE, RIGHT? UH, MICHAEL WANOLA.

I WANT TO BE THERE ROM IS ON THE BEACH OR THERE YOU GO.

ALRIGHT.

AND KELLY HERE AND THANKS FOR FILLING IN TONIGHT.

UH, VERONICA.

WELL, ALRIGHT.

UM, SO AGAIN,

[A-1 Staff requests approval of July 13, 2020 draft minutes]

MOVING ON TO OUR FIRST, UM, UH, ITEM 81, THIS IS MOSTLY FROM MELISSA.

ONE SECOND.

ALRIGHT.

UM, ARE THERE, IS THERE ANY OTHER STEPSON? OKAY, SO WE'LL CALL THE ROLL ON APPROVAL OF BIRTH BAILEY.

YES.

UH, JESSICA, THE ONE ABLE TO HEAR YOU OR YOUR HAND IF YOU'RE APPROVING, UH, YES, MELISSA.

YES.

RIGHT.

UH, WILLIAM.

YES.

UH, I VOTE YES AS WELL.

UH, WRONG.

YES.

UH, DARRYL.

YES.

ALRIGHT, THANK YOU, YASMIN.

YES.

ALRIGHT.

MICHAEL BONO? YES.

THANK YOU, KELLY GLUE? YES.

ALL RIGHT.

THANK YOU.

VERY GOOD.

ALRIGHT.

UM, ITEM

[B-2 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda]

TWO.

UM, WE HAVE, UH, ANY, UH, REQUEST FOR POSTPONEMENT.

NO, WE DON'T HAVE ANY.

ALRIGHT.

ALRIGHT.

VERY GOOD.

UM, SO WE WILL MOVE ON TO THE, UH, FOLKS, UH, IN DEFERENCE TO THE, UH, PEOPLE WHO ARE ONLINE, UM, THE FOLKS THAT ARE IN OPPOSITION TO ANY CASES, WE'RE GOING TO GO AHEAD AND HEAR THEM AT THE START OF THE MEETING, UH, AS REQUESTED BY THE CITY CLERK'S OFFICE.

THAT WAY YOU DON'T HAVE TO WAIT UNTIL LATER IN THE EVENING.

UM, UM, SO THE FIRST, UH, ITEM THAT ARE THE FIRST PERSON THAT I HAVE IN OPPOSITION, UH, IS

[D-2 C15-2020-0029 Ryan Bollom for John S Peet 1711 Waterston Avenue]

ON ITEM D ONE.

THIS IS CASE C 15 DASH 2020 DAYS, ZERO ZERO TWO NINE.

THIS IS FOR ONE SEVEN ONE ONE WATERSTON AVENUE, UH, OLIVIA RUIZ.

[00:05:01]

AND SHE IS IN OPPOSITION.

MS. RUIZ, ARE YOU AVAILABLE TO TALK? YES, SIR.

I JUST UNMUTED MYSELF.

OKAY.

UH, SO, UH, IF YOU CAN GO AHEAD.

UH, ELENA, WHAT DO WE HAVE THREE MINUTES ON THIS OR I CAN'T HOLD ON JUST A SECOND.

YES, THAT'S CORRECT.

THREE MINUTES TOTAL.

OKAY.

ALL RIGHT.

SO, UH, UH, MR. REESE, YOU HAD THREE MINUTES TO SPEAK IN OPPOSITION TO THIS CASE.

OKAY.

THANK YOU VERY MUCH.

UM, ABOUT READING THE AUGUST, 2000 APPLICATIONS AND THE JULY APPLICATION, THERE'S A FEW CHANGES THERE.

ONE OF THE CHANGES THAT THEY TRIED TO MAKE IS THE SETBACK THEY'RE REQUESTING ON THE WEST SIDE WILL ONLY GO TO THREE AND A HALF FEET TO THE, UM, TO CAR, CAR PORT.

BUT THEY REALLY DON'T SAY IS THAT THE REST OF THE WHOLE COMPLETE LOT GETS MOVED TO 4.2.

SO THE 3.5 ONLY APPLIES UP TO THE CAR PORT, THE REST OF THE WHOLE LOT ON THE EAST SIDE AND THE WEST SIDE GET MOVED TO 4.2.

SO IN OTHER WORDS, THEY STILL HAVE A TREMENDOUS AMOUNT, UM, OF AREA THAT THEY'RE, THAT THEY'RE NOT SUPPOSED TO BE USED TO TREE CANOPIES.

THEY TALK A LOT ABOUT TREE CANOPIES.

IT SAYS THAT THEY'RE REALLY TRYING TO SAVE THEM.

WELL, ONE OF THE PROBLEMS IS THAT THEY'RE SUPPOSED TO SAVE THEM THERE.

THEY'RE ACTUALLY PROTECTED BY LAW.

AND SO THEREFORE THEIR CONCEPT OF, OH, WE'RE DOING THIS JUST TO SAVE THE TREES.

NO.

WHEN THEY BOUGHT THAT PARTICULAR PROPERTY, THOSE TREES WERE THERE.

THEY SHOULD HAVE KNOWN THAT THEY ALSO TALKED ABOUT A SMALL LOT AND IN REGULAR SUBDIVISION.

AND I, IF YOU HAVE, BEFORE YOU, I WENT TO, UM, I SUBMITTED TO YOU A, UM, A, A CHART THAT I CREATED.

I REALLY, THIS MORNING THAT HAD, UH, 19 APPLICANTS, THOSE APPLICANTS, WHERE WERE THEN TWO TO THREE BOX, UH, THIS OF 1711 WATERSTON.

THIS, THE PROPERTY SIZE FOR THE APPLICANTS IS 5,400.

AND FOR ALL THE OTHER 19, THE MOST, THE SMALLEST IS 29, 18 SQUARE FEET.

AND THE BIGGEST I COULD FIND WAS 41, 62 OTHER PROPERTIES IN THIS NEIGHBORHOOD.

THEY WERE BIGGER THAN THAT.

BUT THE IDEA THAT THEY ARE IRREGULAR AND A SMALL LOT DOES NOT HAVE A DOESN'T HAVE CREDENCE.

WHEN YOU REALLY GO BACK AND LOOK AT THE TRAVIS COUNTY CAD RECORDS, THEIR LOT IS PRETTY CLOSE TO BEING IN SF THREE.

AND THEY TALKED ABOUT HOW THEY HAVE OTHER PEOPLE.

OTHER LOTS OF ME GIVE HIM RIGHTS TO, TO BUILD EVERY SINGLE LOT HAS A DIFFERENT SITUATION.

I CAN BAIL.

I CAN BUY A $7,000 OFF, I MEAN, 7,000 SQUARE FEET LOT.

BUT IF 50% OF THAT IS IN FLOOD ZONE, I CAN'T BUILD IN THAT SIDE ZONE.

I'M GOING TO BE SET TO 3,500 SQUARE FEET.

SO AS MUCH AS I AGREE THAT IT IS, THIS IS SAID IT'S A SMALLER LOT.

IT IS A VERY COMMON LOT BEING TAUGHT TO THEM.

AND I GAVE YOU 19 EXAMPLES AND IT TOOK ME LESS THAN AN HOUR.

AND WE WANT MORE TIME OUT OF ME.

I'LL PUT IT.

I'LL GIVE YOU EVEN MORE EXAMPLES BECAUSE I'VE LIVED IN THIS NEIGHBORHOOD FOR OVER 20 YEARS.

AND THEN WHEN THE THROTTLE DIVIDED, I'M SORRY.

I'M SORRY.

I DID NOT HEAR THE QUESTION.

THERE WAS NO QUESTION.

NO, THERE WASN'T A QUESTION.

OKAY.

UM, ONE THING I FORGOT TO MENTION AND THIS, AND THE CHART THAT I CREATED, BECAUSE EVERY SINGLE ONE OF THESE THAT I CAME UP WITH HAD SUBSTANDARD WIDTH AND DEPTH OF ALL THEIR LOCKS.

SO THERE WAS NOT ANYTHING THAT WAS, THAT WAS COMMON TO THIS PARTICULAR, THIS PARTICULAR AREA.

AND SO THE FACT THAT THEY'RE SITUATED BY HISTORICAL HOME, WELL, I AM TO NOW LIVE, YOU KNOW, THEN MY BACKDOOR NEIGHBORS AND, AND TWO HOUSES IN FRONT OF ME ARE HISTORICAL.

THAT'S WHY WE MOVED TO CLARKSVILLE TO HAVE THAT RESPECTED.

SO THAT'S NOT THE FACT THAT THEY'RE NEXT TO IT.

THIS SHOULD NOT EVEN BE CONSIDERED A FACTOR AT ALL.

UM, SO LET ME GO.

THIS VARIANCE ISN'T AFFORD OTHER PROPERTIES, UH, THE SAME KIND OF RIGHTS, LIKE I SAID EARLIER, EACH POD, EACH LIVE IS VERY DIFFERENT AND DEPENDENT UPON YOUR LOG.

EVERY LOT WILL HAVE VARIANCES.

THEY DO HAVE TWO TREES THAT ARE PROTECTED BY LAW.

[00:10:01]

AND I'M REALLY GLAD IF I BOUGHT THIS LOT AND IT HAS A FLOOD ZONE, THERE WAS NOTHING I COULD DO ABOUT IT.

IT'S PROTECTED BY LAW.

SO THEY, WHEN THEY BOUGHT THIS, WHICH WAS A SHORT TIME AGO, THEY COULD SEE THE TREES, THEY COULD SEE EVERYTHING THERE AND THEY NEED TO BUILD AROUND AND RESPECT WHAT'S THERE.

CAUSE WE'RE TRYING TO DO THAT, TO KNOW, ULTIMATELY YOU REALLY NEED TO LOOK INTO THIS INCREASE ON THE FIVE FEET, UH, THE FIVE FEET ON THE WEST SIDE, EVEN THOUGH THEY'RE ASKING ONLY FOR 3.5 FOR MAYBE 20, 30 FEET, THE REMAIN THE LOT GOES OUT TO 4.2 AND THEN THAT GOES OUT FOR BOTH SIDES.

IF I LOOK AT IT CORRECTLY, NO, I'M NOT LOOKING AT IT CORRECTLY.

I'M SORRY.

THE EAST SIDE DOES GO TO FIVE FEET.

THE WEST SIDE GOES DOWN TO 4.2 ALL THE WAY TO THE BACK.

SO THEY'RE NOT REALLY GIVING ANYTHING.

THEY'RE JUST TRYING TO SLOWLY SQUEEZE SOMETHING IN THERE.

SO I AM ASKING THIS COMMITTEE TO REALLY RESPECT OR THIS BOARD OF ADJUSTMENTS TO REALLY RESPECT THE FACT THAT IN CLARKSVILLE, WE ALL HAVE DIFFERENT LOCKS.

WE ALL HAVE DIFFERENT SIZES AND WE ALL HAVE DIFFERENT PROBLEMS. AND THE FACT THAT WHEN THEY BOUGHT IT WAS REALLY CLEAR AS TO THE FACT THAT IT WAS GOING TO BE VERY DIFFICULT TO BUILD THERE.

THE PEOPLE THAT LEFT RIGHT BEFORE THEM A FEW YEARS AGO LEFT FOR THE EXACT SAME REASON.

THEY COULDN'T BUILD WHAT THEY WANTED TO BUILD BECAUSE AS A, AS A PECAN TREES AND YOU KNOW, THEIR ISSUES, THEY RESPECTED IT ENOUGH TO LEAVE.

AND I'M NOT ASKING THESE NEIGHBORS TO LEAVE, BUT I AM DEFINITELY ASKING THE NEIGHBORS TO PLEASE RESPECT WHAT'S THERE.

AND WHAT WAS, AND WHAT HAS BEEN THERE FOR MANY, MANY, MANY DECADES, UM, AND THEIR HARDSHIP THAT THEY HAVE TREE CANOPIES.

I DON'T KNOW ANYONE IN AUSTIN THAT WILL BE, THAT WILL CONSIDER SHADE A HARDSHIP.

I WOULD JUST LOVE THE TREES IN MY YARD AND THEN SUBDIVISION LOTS.

WE ALL HAVE THEM HERE.

ALRIGHT, THANK YOU FOR YOUR TIME.

IF THERE'S ANYONE HAVE ANY QUESTIONS JUST QUICKLY, WE DID NOT RECEIVE THIS CHART IN OUR BECCA SHE'S DISCUSSING WITH THE OTHER, OTHER PROPERTIES, RIGHT.

Y'ALL DID NOT RECEIVE IT BECAUSE IT WAS SUBMITTED AFTER 10:00 AM THIS MORNING.

IT'LL BE POSTED TO THE LATE, LATE BACKUP TOMORROW.

OKAY.

ALL RIGHT.

THANK YOU.

THANK YOU.

UM, ALL RIGHT.

UM, SO, UH, MOVING ALONG AND KEEPING FINE, BECAUSE AGAIN FOR ME, UM, I'M NOT SURE I, DO YOU WANT ME TO KEEP TRACK OF TIME? WELL, YEAH, SURE.

THIS IS THE AB TECH I CAN KEEP TELLING.

I WAS KEEPING TIME ON THE BUZZER WENT OFF, BUT MAYBE IT WASN'T LOUD ENOUGH SO I CAN TURN IT UP, BUT IT WAS PRETTY QUIET CALL ALTERNATIVE.

NO PROBLEM.

OKAY.

YEAH, YEAH, YEAH.

THAT'S GREAT.

I JUST, I THANK YOU SO MUCH.

WOULD YOU LIKE ME TO GO BACK ON MUTE IF I WANT TO, IF I WENT AND SEE THAT THE MEETING VIA, VIA MY COMPUTER? YES, YOU CAN.

YES.

YOU CAN WATCH IT.

YEAH, YOU CAN ACTUALLY HANG UP ALREADY.

Y'ALL ARE Y'ALL DONE WITH YOU DON'T HAVE ANY QUESTIONS FOR HER? I DON'T BELIEVE THERE WERE ANY OLIVIA, YOU CAN GO AHEAD AND HANG UP NOW.

UM, THAT'S ALL THEY, UH, YOU, NOW THAT YOU'VE MADE YOUR PRESENTATION, THAT WILL BE IT.

OKAY.

AND THEN WE'LL GET THE, UH, THE CHART SHOWING THE PROPERTIES THAT ARE SO MUCH SMALLER THAN, THAN THE APPLICANTS.

YES, WE WILL GET THAT IN OUR LATE, LATE.

OKAY.

ALL RIGHT.

GREAT.

THANK YOU.

AND THANK YOU FOR JUST LISTENING.

THANK YOU FOR YOUR TIME.

OKAY.

BYE BYE.

BYE BYE.

AND JUST TO CLARIFY ON MY LIST HERE, IT SAYS THAT THAT WAS ITEM ONE, BUT EVERYTHING ELSE WAS CORRECT PATIENT NUMBER AND THE ADDRESS WAS CORRECT ITEM.

ALRIGHT.

UM, SO TO OUR REGULAR AGENDA, UH, THESE ARE, UH,

[C-1 C15-2020-0036 David Cancialosi for Travis Machen 3005 Westlake Drive]

EXCUSE ME, VARIANCES FOR NEW PUBLIC HEARINGS.

UM, WE'LL START WITH, UH, ITEM C ONE.

THIS IS C 15 DASH 2020 DASH ZERO ZERO THREE SIX.

DAVID KANZI LOC FOR TRAVIS MATCHING

[00:15:01]

AT, UH, 3005 WESTLAKE DRIVE.

THIS IS A REQUEST FOR A SETBACK VARIANCE IN THE LA ZONING.

GOOD EVENING SHARE.

GOOD EVENING BOARD MEMBERS.

THANK YOU FOR ALLOWING ME TO, UM, PRESENT THIS CASE.

THIS IS DAVID CANCEL US AND THE OTHER HALF OF THE PROPERTY OWNER.

WELL YOU HAVE BEFORE YOU, THE, ESSENTIALLY IT'S A, UH, IN REALITY, IT'S A REQUEST FOR A REACTIVATION.

ALTHOUGH TECHNICALLY IT'S A, IT'S A NEW APPLICATION.

IT WAS APPROVED UNANIMOUSLY FOR SHORELINE SETBACK REDUCTION BY THE BOARD IN JANUARY OF 2019, WE THEN WENT ABOUT TO, UH, DO A MINOR AMENDED PLAT PROCESS THAT TOOK US THROUGH TO OCTOBER.

AND THE, UH, OWNER THEN SOUGHT, UM, SAW, UM, VARIOUS DESIGN INPUT.

AND THEN OF COURSE THE EXPLORATION AND IN JANUARY, AND IT WAS LOST ON HIM.

HE WASN'T AWARE THAT IT EXPIRED IN JANUARY ACTUALLY AND CONTINUED DISCUSSIONS WITH HIS TIME PROFESSIONAL.

AND OF COURSE, ALL THAT CAME TO AN ABRUPT STOP WITH MARCH, APRIL OF THIS YEAR.

AND SO, UM, ONCE THEY DISCOVERED THAT THEY NEEDED TO REINSTATE OR REQUEST IS THIS VARIANCE AGAIN, UM, THEY ENGAGED ME TO REQUEST IT FOR YOUR CONSIDERATION AND APPROVAL.

AND SO THE REQUEST THAT WAS APPROVED, I MEAN, I SEEN A COMMISSION WAS SIMPLY 25 FEET LONG, LONG, AND AROUND THE COVE IS A CIRCULAR COAT IN THE MIDDLE OF THE BACKYARD.

THERE'S A 50 FOOT SETBACK ALONG THE INLET, WHICH YOU ACCESS FROM THE MAIN BODY OF THE LAKE TOWARDS THE BACKYARD COVE.

75 FOOT REMAINS THE SAME ALONG THE SHORELINE OF THE MAIN BODY OF BLAKE WAS, UH, THE FINAL DECISION HAS EVIDENCED BY CASE DISPOSITION SHEET, WHICH SHOULD BE YOUR BAT BELT ALONG WITH THE EXHIBIT THAT WAS CHOSEN BY THE BOARD.

AND I THINK I GAVE THEM THREE OR FOUR OPTIONS TO CHOOSE FROM.

AND, UM, THEY CHOSE THAT OPTION, WHICH IS THAT EXHIBIT THAT'S IN YOUR BACKUP.

SO, UH, LONG STORY SHORT, WE'RE ASKING YOU TO, UH, LOOK FOR THE SAME REASONS, UH, PARTICULARLY IN 2019 AND AGREED TO BY THE FORWARD WITH THE CONDITION THAT HE DID NOT BLOCK OR INSTALLED A DOCK, BASICALLY IN THE INLET TO THE, UH, THAT YOU APPROVE THE VARIANCE.

SO THE EFFECTIVE DATE WOULD BE 10 DAYS FROM TODAY WITH, UM, BEING AUGUST OF 20 2120 QUESTIONS.

THANK YOU VERY MUCH.

ANY QUESTIONS? SO I HAVE ONE, UH, SO DAVID, UH, WE HAVE IN YOUR PRESENTATION, UM, WE HAVE, UH, EXISTING CONDITIONS.

WE HAVE EXISTING CONDITIONS, THE 25 FOOT SET BACK WHEN WE HAVE, UH, PROPOSED CONDITIONS FOR 25 SETBACK AT THE CODE AND GUEST HOUSE OPTION TWO, IS THAT, UH, WHICH IS .

UM, SHE, CAN HE, IS THAT WHAT WE ARE CONSIDERING AGAIN TONIGHT? THAT WAS WHAT WAS APPROVED.

UM, THE ONE THAT THE SHEET THAT I SEE IN THE BACKUP IS AS SHE ONE SLASH 15.

OKAY.

I WAS JUST GIVING IT THE PRESENTATION, LET ME OPEN THE BATHROOM.

UM, IT'S PROBABLY THE SAME CHAIR.

I WANTED TO BE VERY CLEAR ABOUT WHAT WAS APPROVED.

I'M PAYING ON THAT.

IT'S CALLED OPTION TWO IS SPECIFICALLY, UM, THAT'S WHAT THE BOARD WANTED.

OKAY.

SO 15 IN THE BACKUP IS WHAT WAS APPROVED WITH THE ADDITION OF THE 50 FOOT SETBACK FROM THE INLET ETHIC.

YES, SIR.

OKAY.

ALRIGHT.

VERY GOOD.

THANK YOU FOR CLARIFYING THAT.

ALL RIGHT.

IS THERE A, ARE THERE ANY QUESTIONS OF THE APPLICANT

[00:20:04]

MR. CHAIR? YES.

I'D LIKE TO MAKE A MOTION TO AFFIRM THE VARIANCE WITH THE BINDINGS BEFORE, AS A BOARD MEMBER KING, ISN'T HERE TO DO IT AGAIN.

I WAS THE SECOND ON THAT OPTION THE SECOND TIME YOU NEED IT DONE.

ALRIGHT.

SO WE HAVE A MOTION TO APPROVE, UH, BY, UM, MELISSA POSSIBLE IN A SECOND BY WILLIAM HODGE.

AND THIS IS, UM, BASED ON, UH, AGAIN, UH, THE ITEM IN OUR PACKET OR THE VISUAL IN OUR PACKET OF C1.

UM, THAT'S LIKE, UH, 15, WHICH IS SHOWING 75 FEET FROM THE MAIN BODY OF THE, UM, LIKE A 50 FOOT SETBACK FROM THE INLET TO THE COVE AND 45 FEET AROUND THE COVE.

AND IT WOULD BE THE SAME, UM, FINDINGS THAT WE HAD, UH, FROM OUR, UM, FROM OUR HEARING LAST YEAR.

UH, YEAH, BROOKE, THAT'S A CONDITION TO NOT BUILD ANYTHING THAT WOULD BLOCK THE INLET COMING IN CONDITION IT'S IN THE CONDITIONS OF THE APPROVAL, THE SAME CONDITIONS, SAME CONDITIONS.

OKAY.

AND THAT'S WHAT YOU WANTED MELISSA? CORRECT.

OKAY.

VERY GOOD.

ALL RIGHT.

IS THERE ANY OTHER DISCUSSION OR ANY OTHER QUESTIONS OF THE APPLICANT? OKAY.

SEEING NONE OF LET'S GO AHEAD AND TAKE THE ROLE.

UM, SO, UH, AGAIN, THIS IS ON, UH, ITEM C1, MR. CHAIR, DO WE NEED, DO WE NEED FINDINGS? OH YES.

WELL, THE FINDINGS WOULD BE THIS, UH, WHAT WE HAD FROM LAST, UM, UH, FROM LAST YEAR WHEN WE HAD ORIGINALLY APPROVED BOARD MEMBER KING WAS VERY ELOQUENT AND MET ALL THE RIGHT CONDITIONS.

SO I'D LIKE TO JUST AFFIRM THE SAME.

OKAY.

ALRIGHT.

BROOKE BAILEY.

YES.

RIGHT, RIGHT.

JESSICA COHEN? YES.

OUT OF CAROLL.

YES.

THANK YOU, MELISSA.

YES.

WILLIAM? YES.

ALRIGHT.

UH, DON LAYTON BURWELL.

YES.

UH, RON MCDANIEL.

GREAT JOB IF YOU'RE WATCHING BRIAN KING.

YES, I AM SURE HE IS, UH, DARRELL PRUITT.

YES.

ALRIGHT, THANK YOU, JASMINE.

YES.

THANKS.

AND, UH, MICHAEL MANOLA? YES.

ALRIGHT.

AND, UH, KELLY BLOOM? YES.

ALL RIGHT.

THANK YOU.

ALL RIGHT.

SO MR. JAMES OSI, YOU GOT YOUR, UM, VARIANTS AGAIN, UH, BE SURE THAT YOUR APPLICANT KNOWS THAT IT'S ONLY GOOD FOR A YEAR, SO THEY NEED TO GET YOUR THINGS IN PLACE THAT WE'RE NOT DOING THIS AGAIN NEXT YEAR.

ALRIGHT, THANK YOU SO MUCH.

UM, IS THERE, ALRIGHT, SO MOVING ON TO,

[C-2 C15-2020-0037 James Schissler for Paul Stables c/o Cooee Yakka, LLC 43 North IH 35 SVRD]

UH, ITEM, UH, C TWO, THIS IS, UH, UH, C 15 DASH 2020 DASH ZERO ZERO THREE SEVEN, JAMES.

UH, UH, SIZZLER, SORRY, UH, FOR, UM, ALL STABLES.

UH, AND THIS IS AT 43 NORTH, UM, SERVICE AND THIS IS A, UM, VARIANT FROM, UM, OFF STREET PARKING REQUIREMENTS.

UM, SO, UM, IF WE HAVE, UH, MR. , I HOPE I'VE NOT BUTCHERED YOUR NAME TOO BADLY, RIGHT? THAT'S CORRECT.

THAT'S GOOD EVENING BOARD, UH, BOARD MEMBERS AND CHAIR.

UM, MY NAME'S TIM SHISHA, I'M ACTING ON BEHALF OF THE OWNER, PAUL STABLES FOR, UH, HIS PROJECT.

UH, IT'S CALLED 10, 10 CLAREMONT, WHICH WAS THE OLD ADDRESS, BUT IT'S, UM, ASIDE ON THE CORNER OF CLAREMONT AND I 35 NORTHBOUND, WE'RE TAKING A VARIANCE FROM LDC SECTION 25 EIGHT, APPENDIX A, WHICH IS THE PARKING REQUIREMENTS.

UM, REASONS FOR THAT, THAT LOT IS IT'S ACTUALLY THREE LOTS THAT ARE THE REMAINDER PORTION AFTER, UH, ALMOST HALF OF IT WAS PURCHASED BY TEXTILE WHEN THEY W UH, CONSTRUCTED, I STUDY FIVE

[00:25:01]

AND THE OTHER, UH, THE OTHER FEATURE IS THERE'S A 25 FOOT ELECTRIC EASEMENT THAT GOES DOWN ALONG THE FRONT OF THE TROPE.

AND, UM, ANOTHER RESTRICTION ON A LOT IS THAT THE WATERFRONT IT'S IN THE WATERFRONT OVERNIGHT.

AND, UH, IT'S LIMITED TO 70% IMPERVIOUS COVER, WHICH IS BELOW THE 90% THAT'S ALLOWED BY ZONING AND THIS, UH, DIFFERENT FROM THE OTHER LOTS IN THE AREA, BECAUSE IT'S OF A TRIANGULAR SHAPE THAT, UM, RESULTED FROM THE STOP RIGHT AWAY PURCHASE WITH THE CONS, TRYING TO BUILD IS UP FOR THE EIGHT 52 SQUARE FOOT OFFICE BUILDING THREE STORIES.

UM, WE DON'T EXPECT IT TO GENERATE A LOT OF TRAFFIC, A BUILDING THAT SMALL, UM, AND HE'S ALSO PROVIDING A SHOWER THAT THE TENANTS CAN USE IF THEY BIKE OR ULTIMATE TRANSPORTATION OPTIONS, UH, TO GET TO WORK.

SO RIGHT NOW, WE'RE ASKING TO, UH, TO BE REDUCED FROM 15 SPACES TO 11 SPACES, UM, FOR, FOR THE PROPERTY, UM, AND ALL THE FEATURES THAT WE'RE WORKED NEGOTIATED WITH ATD AND TEXTS THAT WE'RE GONNA PROVIDE AN 11 FOOT WIDE SHARED USE PATH ALONG 35 FRONTAGE ROAD, AND A FIVE MINUTE BUFFER BETWEEN THE BACKER AND THE 10 FOOT SHARED USE PATH, FACILITATE SAFE RIDERS AND PEDESTRIANS FROM HAVING TO BE CLOSE TO TRAFFIC AND BIKE RIDERS FROM HAVING TO GO INTO 35 TREK TRAVEL LANES.

THIS IS PART OF THE NEIGHBORHOOD PLAN, AND THE ZOO HAD HAD NUMEROUS RESTRICTIONS OVER, OVER 30 PROHIBITED USES.

AND WE ACTUALLY WENT BACK IN AND HAD TO GET A ZONING, UH, CHANGE TO THE RESTRICTIVE, UH, USES THAT WOULD ALLOW ADMINISTRATIVE OFFICE.

UM, FACADE WAS ORIGINALLY WHERE I USED CAR PARKING OFF FOR THE LAST, AT LEAST SINCE 97, WHICH IS WHEN THE CITY OF AUSTIN, UM, STARTED TAKING AREAS AND THE AREAS THAT ARE ON THEIR GIS.

SO I'VE BEEN A PARKING LOT FOR AT LEAST 20, 23 YEARS OR 22 YEARS.

AND THEN WHEN I FINALLY BOUGHT IT, UM, CLEARED OFF THE CARS AND TOOK DOWN MOST OF THE SONGS RIGHT NOW, THERE'S A BILLBOARD IN THE MIDDLE OF A SITE, BUT THAT'S ALSO SLATED TO BE REMOVED.

THE IMPERVIOUS COVER RIGHT NOW IS ABOUT 80, 81%.

AND SO WE'D BE REDUCING IT TO, UM, LESS THAN, UH, 69.7% AND WHAT WE COULD HAVE GOTTEN AT LEAST ONE OR TWO MORE PARKING SPACES ON THE, ON THE PROPERTY.

BUT THE, UH, AGAIN, THE IMPERVIOUS COVER RESTRICTION PREVENTED THAT FROM OCCURRING.

UH, THAT'S MY PRESENTATION, IF THERE'S ANY QUESTIONS.

RIGHT.

THANK YOU.

UM, SO LET'S CLOSE THE PUBLIC HEARING.

UM, I HAD A QUESTION FOR THE APPLICANT.

UM, SO, UH, YOU'VE ALREADY GOTTEN A REDUCTION, UM, FOR BEING IN THE URBAN CORE ON PARKING SPACES.

IS THAT CORRECT? YEAH, THAT'S CORRECT.

WE GET A 20% REDUCTION AND THEN WE ALSO GOT A 10% REDUCTION FOR HAVING A SHOWER.

RIGHT.

THANK YOU FOR CLARIFYING THAT.

OKAY.

UH, THERE, UH, ADDITIONAL QUESTIONS, UH, BROOKE, I HAVE A COUPLE OF QUESTIONS.

ONE IS, UM, I NOTICED THAT THERE'S THE FIRST LEVEL AND THE TWO ABOVE IT, AND IT'S LIKE, THERE'S A STAIRCASE.

SO WHAT IS THE FIRST LEVEL GOING TO BE USED FOR? WELL, IT'S SET BACK IN FRONT OF THE BUILDING.

OKAY.

BEN UNDERSTOOD.

THERE'S TWO STAIRCASES GOING UP TO THE SECOND

[00:30:01]

LEVEL.

IT'S STILL ALL ONE BUILDING.

IT'S NOT USED FOR ANYTHING ELSE DOWNSTAIRS.

OKAY.

AND ONE OTHER THING, HOW MANY EMPLOYEES DO THEY EXPECT TO HAVE IN THIS THREE STORY BUILDING A BROKE ONE? ONE THING THAT WOULD JUST ADD ON THAT IS THAT, UH, THE DETERMINATION OF OCCUPANCY IS ONE TO 100, A ONE, ONE AKI FOR OFFICE.

SO AT 5,800, NOW SOME OF THAT AS CORE AREAS, BUT BASICALLY YOU'RE LOOKING AT SHY OF 60 EMPLOYEES.

YOU MIGHT REALISTICALLY HAVE 40 OR SO IN A BUILDING LIKE THIS IN MY EXPERIENCE.

ONE OTHER THING FOR THE APPLICANT.

AND I DON'T KNOW IF YOU'VE RUN THIS BY YOUR ACCESSIBILITY, UM, PERSON, BUT, UM, WITH THE, UM, VAN ACCESSIBLE SPACE, IT LOOKS LIKE THE, UM, PATHWAY GOES THROUGH THE PARKING LOT TO GET TO THE SIDEWALK.

AND I'M NOT SURE THAT THAT'S ALLOWED, ESPECIALLY WHEN WE HAVE THE LAST CAR ON THE SOUTH SIDE, ACTUALLY BACKING INTO THAT.

SO YOU MIGHT JUST WANT TO CHECK THAT OUT.

ALRIGHT.

ANY ADDITIONAL QUESTIONS, KELLY? YEAH, I'M HAVING A LITTLE BIT OF TROUBLE WITH THE HARDSHIP BECAUSE I, 35 HAS BEEN THERE FOR A REALLY LONG TIME AND THE PROPERTY WAS PURCHASED WELL AFTER THAT.

UM, IS THERE A PARTICULAR REASON WHY YOU NEED THE SQUARE FOOTAGE OR EDIT TO ACCOMMODATE THE NUMBER OF EMPLOYEES THAT YOU'RE PROPOSING TO INCLUDE? UM, CAN, IS THERE A REASON WHY YOU CAN'T HAVE A SMALLER OFFICE BUILDING? YOU CAN ONLY BUILD A SMALLER BUILDING, THE BUILDING SIZE, THE PRICE HE PAID FOR THE LAND AND CONSTRUCTION COSTS.

THAT'S HOW I CAME UP WITH THE SQUARE FOOTAGE.

I MEAN, WE'RE ALSO, I DIDN'T MENTION EARLIER, WE'RE RESTRICTED BY COMPATIBILITY TO THE NORTH EAST.

SO, YOU KNOW, HE COULDN'T, HE COULDN'T, HE CAN'T PUT PARKING UNDER THE BUILDING BECAUSE WE'RE LIMITED TO THREE STORIES OR EVEN HAD A PARKING GARAGE.

CAUSE WE'RE LIMITED BY HOW HIGH THE BUILDING CAN BE.

SO THAT'S, THAT'S THE RESTRICTION ON THE HEIGHT AND WHY IT'S, IT'S ONLY THAT, THAT SQUARE FOOTAGE.

OKAY, MELISSA, I THINK YOU HAD A QUESTION, BUT JUST THE ODD CONFIGURATION IN TRYING TO, I MEAN, THE BUILDING IS PRETTY SMALL.

I, MY OFFICE IS NOT FAR FROM HERE.

MY OFFICE IS ABOUT 1200 SQUARE FEET AND WE HAVE ABOUT THREE, MAYBE FOUR CARS A DAY.

UM, WITH THE ODD CONFIGURATION, JUST THE ECONOMY OF DOING THEIR PARKING LAYOUT.

I DON'T SEE HOW YOU COULD REALLY FIT ANY MORE ON THE POSTAGE STAMP.

UM, I THINK WHAT HE TRIED TO DO WAS MAKE UP FOR THAT BY ADDING THE THIRD LEVEL, BECAUSE IT'S, IT'S REALLY A SMALL WIDGET SITE AND IT IS REQUIRED TO HAVE TWO EXITS ABOVE THE FIRST FLOOR.

DARRYL.

YEAH.

I WAS WONDERING, UM, HAS THERE BEEN AN ACTUAL TRAFFIC STUDY DONE? UM, AND IF NOT, UM, ARE YOU WILLING TO LIMIT THE USES? CAUSE YOU SAID THIS IS AN ADMINISTRATIVE OFFICE BUILDING, BUT THEN YOU SAID THAT THE LANDLORD HASN'T ENTERED INTO ANY LEASES.

SO WE DON'T KNOW WHAT KIND OF USES WE'RE ACTUALLY TALKING ABOUT.

AND THEREFORE WE DON'T KNOW HOW MUCH TRAFFIC THOSE USES ARE GOING TO DRIVE AT THIS POINT.

CAN YOU TELL ME A LITTLE BIT ABOUT THAT, MR. ? UM, LIKE I SAID, THE, THE, UH, NEIGHBORHOOD OVERLAY FOR THE PROJECT LIMITS.

SO I CAN'T

[00:35:01]

PUT IN LIKE MEDICAL OFFICES OR OTHER, OTHER TYPES OF OFFICES, THEY WOULD GENERATE TRAFFIC.

SO ADMINISTRATIVE OFFICE IS PRETTY, PRETTY LOW WHERE YOU'RE JUST COMING IN THE MORNING AND YOU WORK FOR THE DAY.

UM, I WOULD ALSO ESTIMATE THAT WITH THE, WITH WHERE THE PANDEMIC AND THE ISSUES THAT I'VE SEEN ON A COUPLE OTHER OFF OFFICE BUILDINGS THAT ARE MADE, UM, IN THE MIDDLE OF CONSTRUCTION ON THAT THE DOC WOULD BE MUCH LESS THAN, THAN WE CURRENTLY SEE IN OFFICES.

CAUSE YOU, CAUSE NOW THEY'RE TALKING ABOUT, YOU KNOW, INDIVIDUAL, UM, AND FILTRATION FOR EACH OFFICE AND THINGS LIKE THAT.

SO I WOULD SUSPECT THE OCCUPANCY RATES ARE GONNA GO DOWN AS YOU GO THROUGH THE, UM, THE NEW REQUIREMENTS FROM A THEME DYNAMICS AND WHAT, YOU KNOW, TENANTS ARE GONNA BE LOOKING FOR.

THANK YOU, MICHAEL.

DID I SEE YOU WITH YOUR HAND UP? YES, I WAS THINKING BECAUSE PART OF THE, FIRST OF ALL, I WANT TO COMMEND YOU FOR ADDING THE BIKE LANES IN THE SHOWERS AND ACCOMMODATING THAT PORTION OF IT, BUT IT LOOKS TO ME LIKE YOU PROBABLY COULD HAVE GOTTEN MORE PARKING ON THERE IF HE DIDN'T HAVE TO DO THE BIPLANES AND THE 10 FOOT BUFFER IN ORDER TO KEEP, UH, KEEP FROM THE TONNAGE ROAD.

SO, I MEAN, I KNOW WE TEND TO DETERMINE REALLY NECESSARILY NECESSARILY WHAT THE PLACE IS GOING TO BE LEASED FOR, BUT, UH, I WILL GO AHEAD AND MAKE A MOTION TO APPROVE.

SECOND, CAN WE HAVE A LITTLE BIT MORE DISCUSSION? YOU JUST EXPLAINED TO ME HOW YOU ARE IRREGULAR SHAPED BLOCK THAT IN WE'RE ALLOWED TO USE THAT AS A HARDSHIP THAT THE TRIANGULAR SHAPED IRREGULAR SHAPED BLOCK ALSO IS THAT WE HAVE CONSIDERED THOSE AS HARDSHIPS IN THE PAST.

JESSICA, DID YOU HAVE A QUESTION ON A QUESTION JUST MENTIONED THE FACT THAT THEY ARE SO RESTRICTED BY WHAT THEY CAN ACTUALLY USE THIS OFFICE FOR, ALONG WITH THE BIKE LANES, ALONG WITH EVERY OTHER STEP THEY'VE TAKEN HER TO TRY TO MITIGATE AS MUCH OF THE BUILDING AS POSSIBLE.

AND THE FACT THAT THEY'RE NOT HERE ASKING FOR AN EXTRA FOUR OR MORE IMPERVIOUS COVER, UH, INTO THAT WATERFRONT OVERLAY, I'M INCLINED TO AGREE WITH MICHAEL ON THIS ONE.

ALRIGHT AND YASMINE.

DID YOU HAVE ANYTHING MORE? I DIDN'T MEAN TO CUT YOU OFF HERE.

I'LL TELL YOU THE HEARTACHE I HAVE ABOUT THESE KINDS OF PROJECTS, ONE THEY'RE SPECULATIVE.

SO YOU DON'T KNOW THE INTENSITY OF WHAT OFFICE MAY OR MAY NOT GO IN THERE OVERTIME.

UM, THEY ALREADY HAVE GOTTEN A SUBSTANTIAL REDUCTION IN, UM, IN REQUIRED PARKING 11 SPACES IS NOT SUFFICIENT IN MY EXPERIENCE FOR A PROJECT OF THIS SIZE.

UM, AND SO WHAT HAPPENS IS THAT THESE CASES LIKE THIS ARE TOTALLY RELIANT ON PEOPLE NOT DRIVING TO WORK ANYMORE.

PEOPLE ONLY TAKING THEIR BIKES OR TAKING, UH, UM, MASS TRANSIT, UM, YOU KNOW, BUS, UH, LIGHT, RAIL, WHATEVER WE HAVE IN PLACE.

UM, IT'S BEEN MY EXPERIENCE WHERE WE UNDER PARK A PROJECT LIKE THIS TODAY THAT THE PARKING, UH, ENDS UP BEING A BURDEN FOR THE STREETS AND THE, UH, OTHER BUSINESSES AND THE OTHER, UM, UH, PROJECTS, UH, IN THAT AIR AREA, UH, RESIDENTIAL AND THAT, UH, SO I THINK IT'S WAY UNDER PARKED.

UH, BUT, UH, THAT IS, UM, NOT THE, UM, POPULAR, UM, POSITION OF, UH, SOME OF THE FOLKS AT, UH, PLANNING STAFF RIGHT NOW.

UM, MELISSA, I SAW YOUR HAND GO UP, YOU KNOW, WITH REDEVELOPMENT OVER WHERE THE HEALTH DEPARTMENT WAS AROUND WALLER STREET, THERE'S PLENTY OF STRUCTURED PARKING.

SHOULD THEY HAVE AN ISSUE IN THE FUTURE? I'M SURE THAT THEY COULD LEASE PARKING AS WELL.

OKAY.

AND WILLIAM, I SAW YOUR HAND UP AND THEN JESSICA WILL DO YOU, UM, UM, I'M INCLINED TO SUPPORT THIS SIMPLY

[00:40:01]

BECAUSE PARKING IS PARKING REQUIREMENTS OR ATTACKS AND, UH, SO I'M ON FULL BOARD, FULL BOARD AND SUPPORTING THIS.

I WAS ACTUALLY INTENDING TO SECOND, UM, THE MOTION, BUT WE'RE STILL DISCUSSING IT BY THE WAY I HAVE YOU DOWN AS THE SECOND.

SO, OKAY, JESSICA, UM, IF HYPOTHETICALLY, THE BOARD WAS TO GRANT YOU AN INCREASED USAGE OF IMPERVIOUS COVER, HOW MANY MORE PARKING SPACES COULD YOU FIT? I'M GOING TO THE BOARD.

I HAVE TO GO TO THE ENVIRONMENTAL COMMISSION AND THE PLANNING COMMISSION AND PLANNING COMMISSION AFTER THIS.

SO I STILL HAVE TO GO TO GET THE SPOT IF I WAS AT THE, IF THE OWNER WANTS TO SIGN AN AGREEMENT, THE NOTION OF 10 SPACES AND ONLY NEED FIVE, BUT THOSE ARE, I GUESS, GOING OUT OF BUSINESS AT THE ENTRANCE DRIVEWAY.

OKAY.

BURKE, I SAW YOUR HAND GO UP.

YES.

UM, FOR ME, I DON'T SEE AS MUCH OF AN ISSUE, BUT, UM, HOW FAR AWAY IS THAT STRUCTURED PARKING AND, AND ALSO THIS OWNER HAS TO BE ABLE TO LEASE THIS.

AND WHEN CLIENTS COME IN, THEY ARE GOING TO BE LOOKING AT THE PARKING TO SEE IF THEY WILL EVEN WANT TO LEASE IT WITH THE REDUCED PARKING.

SO I THINK IT WOULD BE A GOOD IDEA FOR THIS, THIS APPLICANT TO GO LOOK AT THAT STRUCTURED PARKING AND SEE WHAT THEY CAN AT LEAST OFFER TO WHOEVER IS LOOKING TO LEASE IT IN THE FUTURE.

BECAUSE I THINK, UM, THEY COULD BE THEIR OWN WORST ENEMY WITH ONLY 11 PARKING SPACES WITH SOMEBODY LEASING THAT MEETING 15 OR 20 MELISSA.

AND I SEE YOUR HAND BACK UP, I WAS JUST SAYING THERE'S A BIG DEVELOPMENT RIGHT AROUND THE CORNER THAT HAS LOTS OF STRUCTURED PARKING AND THAT SHOULD THERE BE AN ISSUE OR SHOULD SOMEONE HAVE A NEED? I'M SURE THEY COULD LEASE SOME OVER THERE.

IT'S A, THE OLD RBJ SITES BEING REDEVELOPED AND HAS SEVERAL PARKING GARAGES RIGHT THERE.

UM, WHERE THE AUSTIN GERIATRIC CENTER IS WHERE THE OLD HEALTH DEPARTMENT IS.

SO I'M SURE THAT IF THERE WERE AN ISSUE, THERE WOULD BE A WAY TO SOLVE IT.

OKAY.

ALRIGHT.

ARE THERE ANY ADDITIONAL, YEAH, SO THIS WAS A, SO THIS ONE IS THE STRUGGLE FOR ME BECAUSE, BECAUSE I THINK, I DON'T THINK I'VE MADE ANY SECRET THAT I'M SORT OF SKEPTICAL ABOUT PARKING MINIMUMS DOWNTOWN.

AND WHEN I LOOK AT THIS SITE, I SAW A COUPLE OF ISSUES WITH IT.

ONE OF WHICH WAS, I AM CONCERNED ABOUT THE FACT THAT IT IS AT THE END OF A RESIDENTIAL STREET THAT IS VERY SHORT AND HAS, AND HAS NO PARKING AT THE OTHER END.

UM, I'M ALSO CONCERNED ABOUT THE FACT THAT, UH, 11 PARKING SPACES FOR A 5,800 SQUARE FOOT BUILDING DOESN'T SEEM LIKE A LOT.

AND IT SEEMS LIKE THERE WILL BE TIMES THAT THE PARKING, IF IT'S FULL, IF IT'S OCCUPIED AND WE HAVE TO ASSUME THAT IT IS, THEN IT WOULD SPILL OVER INTO THE STREET.

I GUESS WHAT I'M THINKING TO GET AROUND THOSE TWO CONCERNS ARE TWO THINGS.

NUMBER ONE, THERE IS A BUS STOP ON WALLER IN BETWEEN UH LARRABEE AND, AND, UH, IN CLAREMONT.

SO VERY SHORT HOP.

UH, NUMBER TWO, WHEN I ACTUALLY LOOKED AT THE BLOCK ITSELF, EVERY, UH, HOME ON CLAREMONT HAD AT LEAST TWO SPACES OF OFF STREET PARKING IN THE FRONT OF THE HOUSE.

SO I DON'T THINK IT'S INSIGNIFICANT THAT THE RESIDENTS SEEM TO HAVE SUFFICIENT PARKING FOR THEIR OWN USE ON THEIR PROPERTY.

UM, SO THIS TO ME IS A JUDGMENT CALL AND I THINK GIVEN THE CONFIGURATION A LOT OF THE DIFFICULTIES OF DEVELOPING THE SITE, UH, THAT I CAN SUPPORT THE MOTION.

OKAY.

THANK YOU.

UH, DARYL, ONE OF THE THINGS, WELL, A COUPLE OF THINGS, I THINK THAT, UM, ADDING TO WHAT ROM SAID, THE, THE ISSUES WITH THE PARKING, I THINK CAN BE ADDRESSED A COUPLE

[00:45:01]

OF DIFFERENT WAYS AND MAYBE LEE CAN ADDRESS THIS.

MAYBE THE, UH, UH, VARIANTS CAN BE CONDITIONED UPON BILL, UH, OBTAINING A CERTAIN AMOUNT OF PARKING SPACES EITHER, YOU KNOW, THROUGH CONTRACT WITH SOMEBODY ELSE.

UM, AND, AND THAT THE VARIANTS WOULD BE CONDITIONED UPON THEM SAY GETTING EITHER TWO OR THREE OR HOWEVER MANY MORE, UH, THE BOARD BELIEVES NEEDS TO BE, NEEDS TO BE HAD.

THE OTHER ISSUE THAT I SEE IS, UM, CONDITIONING, CONDITIONING, THE VARIANCE ON, ON, ON A PARTICULAR USE.

I UNDERSTAND THAT WITH THE OVERLAY, THERE'S A LOT OF USES THAT ARE NOT ALLOWED.

UH, BUT IF, IF THEY'RE ASKING FOR A VARIANCE FOR A SPECIFIC USE, WHICH IS, THIS IS ADMINISTRATIVE OFFICE, UH, CUSTOMERS, AREN'T GOING TO BE COMING IN AND OUT, AND YOU'RE GONNA, YOU'RE GONNA GO THERE.

YOU'RE GONNA, YOU'RE GONNA GET THERE AT EIGHT IN THE MORNING.

YOU'RE GONNA STAY THERE.

YOU'RE NOT GOING TO BE TRAFFICKING BACK AND FORTH.

THEN MAYBE WE OUGHT TO THINK ABOUT CONDITIONING, THE VARIANTS ON THAT AS WELL.

AND SO THOSE ARE TWO THINGS THAT PEOPLE CAN THINK ABOUT IF THEY WOULD LIKE TO, UH, MAYBE CONDITION THE VARIANTS ON EITHER ONE OF THOSE TWO THINGS.

SO IS THAT A QUESTION TO LEAD? WELL, YEAH, THE FIRST ONE WAS LEE, WOULD IT BE POSSIBLE TO CONDITION THE VARIANCE UPON THE APPLICANT OBTAINING A CONTRACTUAL RIGHT TO ADDITIONAL PARKING SPACES, UH, AT THAT FACILITY THAT, UH, UH, MELISSA WAS TALKING ABOUT I'M BORED OR I DON'T, I DON'T THINK THAT THAT PARTICULAR CONDITION WOULD BE APPLICABLE IN THIS CASE.

AND THE REASON WHY IS THAT WE'RE TALKING ABOUT CONTRACTUAL AGREEMENT BETWEEN THE APPLICANT AND A THIRD PARTY, WHICH THE CITY NOT LEGALLY ENFORCE.

UM, I, I THINK THAT WE CAN CERTAINLY GIVE DIRECTION TO THE APPLICANT TO CONSIDER THAT, BUT IN THIS CASE, I THINK CONDITIONING APPROVAL OF THE VARIANCE ON THAT WOULD NOT, NOT BE APPROPRIATE.

MICHAEL, I SEE YOUR HAND UP.

YES.

I WOULD WANT TO ECHO WHAT, UH, CITY LEGAL WAS SAYING.

WE'VE ATTEMPTED THAT IN THE BACK, IT'S NOT OUR JOB TO TELL PEOPLE WHAT BUSINESS THEY CAN RUN AND HOW THEY CAN THEIR BUSINESS.

I THINK PERSONALLY, THE MARKET ITSELF IS WHAT'S GOING TO LIMIT THIS NEW, YOU KNOW, FOR MYSELF, IF I WAS GOING TO GO UP THERE AND WANT TO LEASE THIS PLACE, AND I TAKE A LOOK AND IT DOESN'T HAVE ADEQUATE PARKING FOR, FOR MY BUSINESS AND MY BUSINESS MODEL, WELL THEN IT'S COMING OFF, COMING OFF THE TABLE.

SO I THINK THE MARKET WILL ACTUALLY DICTATE, UH, YOU KNOW, HOW THEY USE BECAUSE OF THE FACT THAT, THAT, I MEAN, ANY ASTUTE BUSINESSMAN IS GOING TO GO IN THERE AND HE KNOWS HOW MANY EMPLOYEES HAS.

HE KNOWS HOW MUCH PARKING HE'S GOT.

AND IF THIS PARTICULAR PROPERTY DOES NOT FIT WHAT HIS NEEDS ARE, WELL, THEN THEY'RE GOING TO GO SOMEPLACE ELSE.

AND, UH, THAT'S, UH, THAT'S, THAT'S, UH, THE REASON THAT, UH, I DON'T HAVE A PROBLEM WITH IT.

ANOTHER PROBLEM, ANOTHER ISSUE IS I WOULD RATHER SEE IT TO GET, TO PROVIDE SOME, A MORE VIABLE COMMERCIAL FUNCTION.

IT CAN PAY TOWARDS THE TAX BASE VERSUS A CAR LOT.

I MEAN, THAT PLACE WASN'T CARLA SINCE THE EARLY NINETIES.

AND BEFORE THAT, UH, I BELIEVE IT WAS EMPTY FOR AWHILE GOING INTO THE EIGHTIES, BUT, UM, I'D RATHER SEE IT HAVE A DECENT LOOKING MODERN OFFICE BUILDING ON IT AND GENERATE SOME REVENUE TOWARDS THE TAX BASE RATHER THAN JUST BE A CAR LOT, WHICH THEY'RE GOING TO BE PAYING VERY MINIMAL.

THAT'S JUST MY OPINION.

THANK YOU, WILLIAM.

I SAW YOUR HAND BACK UP AND LET'S SEE IF WE CAN ASK OUR FINAL QUESTIONS SHOULD GET MOVE FORWARD.

UM, I JUST WANT TO VERY BRIEFLY, UH, SPEAK TO THE COMMISSIONER OF OLIN'S POINT AS A BUSINESS OWNER.

UH, I DID FOUR YEARS AGO LOOK FOR AN OFFICE BUILDING FOR MY THEN FOUR EMPLOYEES.

AND THAT'S EXACTLY WHAT I DID.

I LOOKED FOR A PLACE THAT HAD SUFFICIENT PARKING AND PLACES THAT DIDN'T HAVE IT.

AND SO I HADN'T MET THERE.

SO AGAIN, I, I, I CONCUR THAT THE MARKET WILL DETERMINE THAT AND THE BIKE FACILITIES AND OTHER, OTHER THINGS TO ME MAKE THIS A VERY, VERY APPROVABLE.

ALRIGHT, VERY GOOD.

AS MICHAEL SAID, THE MARKET HAS MADE DETERMINED THAT THIS WAS A BAD CALL.

UM, I HATE FOR US TO BE COMPLICIT IN THAT.

AND AGAIN, I HATE FOR US A NEIGHBORHOOD THAT IS ALREADY BEING REPLIED AND BEING IGNORED LARGELY BY PLANNING EFFORTS IN AUSTIN.

HOWEVER, YOU HAVE A MOTION TO APPROVE THIS IN A SECOND BY WILLIAM HAHN.

[00:50:01]

IS THERE ANY OTHER DISCUSSION? OH YEAH.

YOU ASKED ME.

SO I HEARD REALLY GO INTO DETAIL ON A CONDITION OF THE LAND BEING USED FOR THEIR PARTY REGARDING PARKING.

AND I UNDERSTAND WHY WE PULLED THAT THREAD TO ITS LIMITS, BUT THERE WAS ALSO ANOTHER SUGGESTION THAT THE CONDITIONING OF THE PROPERTY OF THE PARENTS BEING CONDITIONED UPON THE USE OF THE PROPERTY.

AND I DIDN'T HEAR SO MUCH PUSHBACK ON THAT.

SOMEONE USES ALREADY BEEN TO A DRESS THAT THE USE HAS ALREADY BEEN, UH, PRETTY NARROWLY DEFINED, UM, UH, PROFESSIONAL OFFICES THAT MIGHT GENERATE MORE PEOPLE AND MORE PARKING AND MORE COMING AND GOING IS OFF THE TABLE.

THEY CAN'T DO THAT.

SO THEY'VE ALREADY GONE THROUGH AS PART OF THE ZONING AND, UM, HAVE, UH, DONE THAT.

SO TH TH THE ISSUE IS WITH, WITH ANY ADMINISTRATIVE OFFICES IS THAT YOU DON'T REALLY KNOW.

UM, THEY, THEY TYPICALLY ARE IDEALLY LESS PEOPLE AND LESS CARS, UH, THAN A PROFESSIONAL OFFICE, BUT NOT NECESSARILY.

AND, AND IT WILL CHANGE FROM TENANT TO TENANT, FROM FLOOR TO FLOOR OVER TIME.

SO TO, TO, UH, GET INTO THAT IS MY BELIEF IS GETTING A LITTLE TOO DEEP AND WE, I MEAN, NATE, MAYBE LEE HAS A, UH, IDEA ABOUT THAT, BUT I DON'T THINK THAT THAT IS SOMETHING THAT WE REALISTICALLY CAN DO TO CIRCUMVENT ANY CONCERNS THAT I WOULD JUST AGREE WITH THAT MR. CHAIR.

OKAY.

OKAY.

ALRIGHT.

VERY GOOD.

ANY LAST THOUGHTS? ANY, UH, FURTHER DISCUSSION.

OKAY.

UH, SO, UH, MICHAEL, IF WE DO THE FINDINGS, YES, REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY, DO NOT ALLOW FOR REASONABLE USE BECAUSE THIS IS NOT A REQUEST FOR THE VARIANCE FROM ZONING REGULATIONS.

I'M JUST READING WHAT HE'S GOT DOWN ON HIS CASE, A HARDSHIP, THE HARDSHIP FOR WHICH THE VARIANCES REQUESTED IS UNIQUE TO THE PROPERTY AND THAT THE TRIANGULAR SHAPE OF THE, THE PARTS AT PORT MEANING PORTIONS OF THIS LOT HAVE TO TEXT OUT RIGHT AWAY PURCHASE FOR OUTDATED FIVE SEVERELY LIMITS, THE LOT SIZE OF THE SITE SITE, AND THEREFORE THE PORTION OF THE SITE THAT CAN BE USED FOR PARKING.

THE WATERFRONT OVERLAY ALSO LIMITS IMPERVIOUS COVERAGE OF 70%.

WELL BELOW THE 90% ALLOWED BY ZONING.

HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH PROPERTY IS LOCATED BECAUSE OTHER LOTS ON THE BLOCK ARE RECTANGULAR SHAPE.

WHEREAS THIS SIDE AT THE END OF THE BLOCK THAT HAD TOUCHED OUT RIGHT AWAY PURCHASED FOR CONSTRUCTION, APPROXIMATELY 47.5% OF THE ORIGINAL LOT WAS PURCHASED BY TEXTILE, LEAVING IN REAL GOOD IRREGULAR SHAPE PLOT THE CHARACTER, THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY.

WE WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY.

WE'RE NOT A PUR THE PURPOSE OF THE REGULATION OF THE ZONING DISTRICT IN WHICH A PROPERTY IS LOCATED BECAUSE THIS SIDE IS ON 35.

FRONTAGE ROAD IS ADJACENT TO COMMERCIAL PROPERTY BESIDE HIS OWN TO ALLOW ADMINISTRATIVE OFFICE USE.

IT WILL NOT AFFECT THE ADJACENT USES PARKING.

THE ADDITIONAL CRITERIA REQUIRED FOR PARKING VARIANCES, ONLY REQUEST FOR PARKING VARIANCE, THE BOARD TO MAKE ADDITIONAL FINDINGS.

THE BOARD MAY GRANT A VARIOUS TO REGULATION PRESCRIBED IN THE CITY OF AUSTIN LAND CODE CHAPTER 25, SIX APPENDIX A WITH RESPECT TO THE NUMBER OF OFF STREET PARKING SPACES OR LOADING FACILITIES REQUIRED.

IF IT MAKES FINDINGS OF FACT THAT THE FOLLOWING ADDITIONAL CIRCUMSTANCES ALSO APPLY ONE NEITHER, NEITHER PRESENT.

AND I ANTICIPATED FUTURE TRAFFIC VOLUMES GENERATED BY THE USE OF THE SITE OR THE USES OF SITE IN THE VICINITY REASONABLY REQUIRE A STRICTER LITERAL INTERPRETATION AND ENFORCEMENT OF THE SPECIFIC USE REGULATION BECAUSE THE SMALL ADMINISTRATIVE OFFICE BUILDING WILL NOT GENERATE HIGH TRAFFIC VOLUMES.

AND THE LOCATION ON 35 FRONTAGE ROAD IN DOWNTOWN WILL FACILITATE ALTERNATE MOBILITY OPTIONS.

A SHOWER WILL BE PROVIDED FOR THE TENANT USE TO FACILITATE BICYCLE RIDING AND ALTERNATE TRANSPORTATION OPTIONS TO THE GRANT AND THEM, THIS RANCH WILL NOT RESULT IN A PARKING AND LOADING OF VEHICLES ON PUBLIC STREETS AND SUCH A MAN HAS TO INTERFERE WITH THE FREE FLOW OF TRAFFIC ON THE STREETS, BECAUSE THERE ARE 11 PARKING SPACES ONSITE.

SO 73% OF THE REQUIRED PARKING IS PROVIDED.

THE BUILDING IS SMALL ENOUGH TO USE CITY OF AUSTIN RESOURCE.

WE DON'T NEED TO GO INTO THAT, UH, THROUGH THE GRANTING OF THE VARIANCE WILL NOT CREATE A SAFETY HAZARD OR ANY OTHER CONDITION INCONSISTENT WITH THE OBJECTIVES OF THIS ORDINANCE, BECAUSE THE PROJECT INCLUDES A 10 FOOT WIDE SHARED USE PATH ALONG ICE 35 FRONTAGE ROAD TO FACILITATE PEDESTRIANS AND BICYCLISTS ACCESS TO THE SITE FROM ADJACENT SEATS STREETS WITHOUT ENTERING THE TRAFFIC LANES.

THE VARIANTS WILL RUN WITH THE USE OR USES TO WHICH IT PERTAINS AND SHALL NOT RUN

[00:55:01]

WITH THE SITE BECAUSE THE ZONING ORDINANCE FOR THE PROPERTY RESTRICTS THE ALLOWABLE USES BY LISTING OVER 30 PROHIBITED USES, INCLUDING MEDICAL OFFICER BUILDING, GENERAL RETAIL, CONSUMER CONVENIENCE, ET CETERA.

THAT'S IT.

MR. CHAIR.

ALRIGHT, THANK YOU.

ALRIGHT.

LET'S CALL THE ROLE OF THE MOTION IS TO APPROVE THE REDUCTION IN A BIRKIN SPACES.

BROOKE BAILEY.

YES.

I'M GOING TO SAY YES, BUT I WOULD REALLY RECOMMEND THAT THE APPLICANT IN ADVANCE TALK TO SOME OF THE STRUCTURED PARKING OWNERS AND SEE ABOUT LEASING SPACES SO THAT THAT'S SOMETHING THEY CAN OFFER TO CLIENTS THAT COME INTO LEASE.

CAUSE I THINK, UM, AND THAT COULD BE A FACTOR.

OKAY.

THANK YOU, JESSICA.

YES, YES, YES, YES.

I AM GOING TO, UH, VOTE.

YES.

IT'S AGAIN, A RELUCTANT.

YES, BECAUSE I THINK THAT, AGAIN, WE WE'VE WRITTEN OFF THIS, UH, AREA OF TOWN AND WE'RE DOING A DISSERVICE TO THE IMMEDIATE NEIGHBORS, BUT I WILL GO WITH WHAT ALL AN AWESOME THINKING IS AND SAY YES.

ALRIGHT.

I'M ROLLING.

UH, YES.

WITH SIMILAR RELUCTANCE.

YES.

THAT'S BEEN A RELUCTANT YES.

BASED ON WHAT HAS ALREADY BEEN.

OKAY.

VERY GOOD.

MICHAEL AND KELLY.

WELL, I THINK A FOUR SPACE SHORTFALL IS MANAGEABLE, SO I'LL VOTE.

YES, RELUCTANTLY.

OKAY.

WHAT WOULD BE THE CASE FOR A LARGER PROJECT? VERY GOOD.

ALRIGHT.

THANK YOU.

ALRIGHT.

UH, SO, UH, YOU HAVE GOTTEN YOUR BERRIES.

CONGRATULATIONS.

[D-1 C15-2019-0063 Micah King for Stephen H. Rison 1507 Fairfield Drive]

ALL RIGHT.

MOVING ON TO OUR CASES.

THIS IS, UH, THE, UH, YOUR ANSWERS, UH, PREVIOUS POSTPONEMENTS.

WE'LL START WITH, UH, ITEM D ONE.

THIS IS C 15 DASH A 2019 DASH ZERO ZERO SIX THREE, MICAH KING FOR STEVEN H UH, REISEN UH, AT 1507 FAIRFIELD DRIVE, MR. KING, GOOD EVENING BOARD MEMBERS AND A BOARD CHAIR.

THANK YOU FOR HAVING ME.

I CONTINUE TO RECEIVE REZONE.

AND COMING BACK TO YOU AFTER YOU, YOU GAVE US SOME TIME TO WORK ON WHAT WE WERE REQUESTING AND SEE AND TRY, UH, HOW MUCH WE COULD REDUCE IT BY, UH, ORIGINALLY, UH, WE REQUESTED THAT THE REAR SETBACK GO FROM 10 FEET TO ZERO FEET AND BECAUSE OF DEMOLITION WORK, WE'VE BEEN ABLE TO REMOVE THE BACK PART OF THAT STRUCTURE AND ONLY NEED FIVE FEET OF VARIANCE.

NOW, UM, IN ADDITION, UH, STEVE HAS BEEN WORKING TO REDUCE THE AMOUNT OF IMPERVIOUS COVER IN THE BACK YARD.

AND, UH, IF WE COULD GO TO SLIDE FOUR, PLEASE.

UM, SO HE REMOVED, UH, APPROXIMATELY 200 SQUARE FOOT SHED THAT WAS IN THE REAR RIGHT CORNER OF THE PROPERTY, AS WELL AS THE, UH, IMPERVIOUS COVER THAT WAS UNDERNEATH IT AND REPLACED IT WITH PEA GRAVEL.

UH, HE'S ALSO REMOVED A LOT OF IMPERVIOUS COVER.

UM, HE'S IN THE PROCESS OF REMOVING ALL OF THE BRICKS IN THE REAR YARD, AS WELL AS PART OF THE COVERED AREAS.

UH, AND BECAUSE OF THAT WORK, ONCE IT'S COMPLETE, HE'LL BE ABLE TO COMPLY WITH THE IMPERVIOUS COVER LIMITATIONS.

UH, HE HASN'T FINISHED IT YET.

UM, AND SINCE 70 YEAR OLD, AROUND 70 YEAR OLD, UH, PROPERTY OWNER DOING MOST OF THE WORK HIMSELF, UM, HIS NEPHEW'S HELPING OUT A LITTLE BIT, BUT HE'S WORKING, UM, AND I'VE RUN OVER THERE SEVERAL TIMES AND HE'S, HE'S CONSTANTLY WORKING ON IT TO GET IT INTO COMPLIANCE.

AND SO WE'RE JUST REALLY TRYING TO ASK FOR THE LEAST AMOUNT POSSIBLE.

UM, IF YOU GO DOWN TO SLIDE FIVE, YOU'LL SEE THE REDUCTION IN THE WHAT'S CALLED THE WOOD SHOP.

WE KNOW IT'S MULTIPURPOSE USE, UM, BUT YOU CAN SEE HOW IT'S OUTSIDE THE, THE FIVE 50 YOU EMAIL.

UM, AND ON SLIDE SIX, YOU'LL SEE HIS PROGRESS SO FAR IN WHAT HE'S BEEN ABLE TO REMOVE, UH, IN TERMS OF IMPERVIOUS COVER AND STRUCTURES.

AND HE WILL CONTINUE TOWARDS THE RIGHT OF THAT SURVEY ON SIX, UH, REMOVING THE BRICK AND THE REST OF THE, UH, ITEMS IN

[01:00:01]

THE SETBACK ON THE, ON THE REAR AND SIDE.

AND THAT WILL GET HIM BELOW 45%, UH, FIVE, SEVEN.

YOU CAN SEE THE NEW WIDTH OF THE STRUCTURE, UH, IT'S VARIABLE BECAUSE IT'S KIND OF A WEDGE ODD SHAPE, UH, AND FLIGHT AEC, SOME OF THE FORMER PERVIOUS FORMERLY IMPERVIOUS COVER, UH, SAME ON SLIDE NINE WHERE THE SHED WAS DEMOLISHED IN THE SETBACK REAR INSIDE SET BACK AND NEW IMPERVIOUS, UH, PERVIOUS COVER, SORRY.

UH, SAME AS SLIDE 10.

AND SO THE PURPOSE IS TOO, UM, WE'VE GONE OVER THIS BEFORE, BUT JUST AS A QUICK REMINDER TO PRESERVE THE WORKSHOP, IT'S A VERY SPECIAL PLACE.

UM, IT SERVED A VERY UNIQUE SOCIAL PURPOSE.

UM, THROUGHOUT MANY YEARS AT THE BAR, THE WASTE OF IT, WE THINK IT'S REASONABLE BECAUSE, UH, DEMOLITION WOULD BE A WASTE IT'S REASONABLE BECAUSE THIS IS WHAT'S VERY COMMON IN THE AREA.

IF YOU LOOK AT GOOGLE MAPS, WE'LL SEE SOME WALL STRUCTURES, UH, WITHIN THE REAR SETBACKS ALL THROUGHOUT THAT AREA.

UM, AND, UH, THE USE OF THAT, OF THAT STRUCTURE IS ALSO REASONABLE AND NOT CAUSING ANY, ANY PROBLEMS, UH, THE HARDSHIP, UH, DUE TO CONFUSION DUE TO THE PROPERTY LINE, NO SENSE NOT BEING ON IT.

UM, THE PRIOR STRUCTURE, UH, BEING AROUND THAT SAME, SAME LOCATION AND, UH, TREES THAT, YOU KNOW, IT'S JUST 20 YEARS AGO, BUT WE CAN THERE'S TREES IN THE WAY OF PUTTING IT ELSEWHERE, UH, IN THE BACKYARD.

AND YOU CAN'T REALLY MOVE IT WITHOUT JUST DESTROYING IT COMPLETELY.

UM, IT SAYS, UNLIKE SOME OTHER PROPERTIES IN THE AREA WHERE YOU COULD JUST MOVE A STRUCTURE, UM, AND, UM, IT, UM, THE AREA CHARACTER, UH, AND IT ACTUALLY HELPED PRESERVE THE CHARACTER OF THE NEIGHBORHOOD, WHICH IS REALLY, UM, SPECIAL AND UNIQUE, AND IT'S PART OF THE COMMUNITY.

AND IT HELPS TO, TO CONTRIBUTE TO THE CHARACTER.

IT DOESN'T DETRACT FROM IT, AND THERE'S PLENTY OF NEIGHBOR SUPPORT AS WELL.

THAT'S WHY WE DIDN'T MOVE THE SLIDES FORWARD, BUT IF YOU GOT A FIVE 11, IT'S THE PURPOSE OF THE VARIANCE, REMEMBER SHE MAY HAVE ALREADY LOOKED AT THAT.

UM, IS IT IT LAY ON THE TV? SO I'M NOT SEEING SLIDE 11.

UM, WE, WE ARE IT'S IT'S ON HERE.

HERE YOU ARE.

OKAY.

AND THEN FIVE 12, HOW'S THE REASONABLE USE, WHICH YOU HAVE IN YOUR BACKUP AS WELL.

UM, TALKING ABOUT THE COMMONALITY OF THESE STRUCTURES AND HOW SOCIALLY IT'S BEEN SEEN AS REASONABLE IN THE AREA, UM, AND THE HARDSHIP ON SLIDE 13, HAVING TO DO WITH THE TREES AND CONTUSION OF THE FENCE LINE, UM, INSTRUCTION BASED ON A WARMER LOCATION THAN THE BUS EARLIER STRUCTURE, UM, AND REALLY, UM, MIRRORING THE LOCATION OF OTHER PROPERTIES, UH, STRUCTURES IN NEARBY PROPERTIES DID NOT LOOK LIKE A PROBLEM, AND THERE WAS NEVER A CODE ISSUE FOR 20 YEARS.

UM, AND, AND WE'VE ADDRESSED THAT BY THE WAY, OH, I TYPED FOR ON SLIDE 14, UH, TALKING ABOUT, UH, HOW IT'S ACTUALLY INTEGRAL TO THE CHARACTER THAT'S AREA AND, UH, WILL HELP CONTRIBUTE TO ITS UNIQUE PERSONALITY AND TO AUSTIN'S UNIQUE CULTURE RATHER THAN DEMOLISHING IT.

UM, AND FINALLY SLIDE 15 SHOWS AN EXAMPLE OF SOME OF THE NEIGHBORS SUPPORT AND SUPPORTIVE OF VARIANCE.

AND I'M HERE FOR ANY QUESTIONS THAT YOU HAVE.

OKAY.

THANK YOU.

UM, THE PUBLIC HEARING, MELISSA, I, IT LOOKS LIKE YOUR, YOUR HANDS UP.

CAN YOU HEAR ME, OR AM I ON MUTE? I CAN HEAR, YOU CAN HEAR.

YEAH.

OKAY.

HOW TALL IS THIS STRUCTURE? SO, YEAH, IT'S, UH, VARIABLE.

UH, LET ME PULL UP THAT EXACT NUMBER.

UH, THANK YOU.

SORRY.

AND MY BACKUP MATERIALS.

SO THE CODE,

[01:05:02]

SORRY.

I'M SORRY.

OH, I WAS JUST SAYING IT VARIES FROM ABOUT 11 AND THREE QUARTER TO ABOUT 14 AND A QUARTER FEET TALL.

THANK YOU VERY MUCH.

SO THE CODE ACTUALLY CHANGED, THEN THESE STRUCTURES USED TO HAVE A FIVE FOOT SETBACK, AND THEN IF IT UNDER THE KNEE VERSION OF THE CODE, IF IT WERE, UH, ON AN ALLEY, YOU COULD HAVE A FIVE FOOT SETBACK.

IF IT WERE LESS THAN 15 FEET IN HEIGHT BEING THAT THE STRUCTURE IS OLDER AND THEY MOVED IT OUT OF THE PV, I WOULD MAKE A MOTION FOR APPROVAL, PARTICULARLY SINCE THEY DIDN'T TAKE ANY.

SO THEY DIDN'T COME BACK AND ASK FOR IMPERVIOUS COVER OR ANYTHING ELSE.

AND THAT WHOLE LOT IS COVERED.

I, I FEEL FOR THAT GUY PAUL SECONDS.

UH, SO, ALRIGHT, SO WE HAVE A SECOND BUYER WRONG IN A MOTION BY MELISSA.

SO, UH, MR. KING, UM, A COUPLE OF THINGS ON ONE OF YOUR SLIDES, YOU HAD THE, UM, CODE ENFORCEMENT OR CODE COMPLIANCE CASES CLOSED, IS THAT CORRECT? YES, SIR.

OKAY.

AND SO HOW WAS IT CLOSED? BECAUSE, I MEAN, I'M THINKING THAT THE REASON THAT IT'S HERE IN FRONT OF US FOR CONSIDERATION IS BECAUSE THEY'RE STILL AN ACTIVE VIOLATION.

YEAH.

SO I CAN ANSWER THAT.

AND I SPOKE TO THE CODE ENFORCEMENT OFFICER ABOUT THAT EXACT ISSUE.

AND ONE OF THE REASONS IS HOW THE STRUCTURE WAS REDUCED IN SIZE TO LESS THAN 200 SQUARE FEET.

AND THAT, UH, IF, UM, WHAT'S NO LONGER RUNNING ANY UN-PERMITTED ELECTRICAL AND THAT, UM, HE HAD THOUGHT THAT IT WAS ACTUALLY OUTSIDE THE 10 FOOT SETBACK.

I THINK HE WAS PROBABLY MEASURING FROM THE FENCE LINE, LIKE THE PROPERTY OWNER HAD BEEN.

UM, AND SO THERE WAS, UM, PROBABLY A MISCALCULATION THERE AND THEY DIDN'T HAVE ANY ISSUES WITH IMPERVIOUS COVER OR THE CARDBOARD IN THE FRONT OR ANYTHING LIKE THAT, BECAUSE THOSE WERE NOT TURNED INTO CODE ENFORCEMENT.

IN MY UNDERSTANDING, IS THAT CODE ENFORCEMENT OR CODE COMPLIANCE DOESN'T THEY TURN A BLIND EYE TO ANYTHING THAT IS NOT ACTUALLY FORMALLY TURNED INTO THEM.

THAT'S MY UNDERSTANDING.

AND THERE WAS NEVER A COMPLAINT ABOUT THOSE THINGS AND HE DID MULTIPLE SITE INSPECTIONS AND, UH, IT NEVER CAME UP.

YEAH.

AND, AND IT WON'T, UH, IN MY EXPERIENCE THAT AGAIN, CODE COMPLIANCE WILL ONLY LOOK AT THE COMPLAINT.

THERE CAN BE 10 THINGS IN FRONT OF THEM THAT THEY KNOW ARE CLEAR VIOLATIONS AND THEY WILL ONLY DEAL WITH THE ONE THAT IS ON THE SHEET IN FRONT OF IT.

OKAY.

UM, AND ALSO, UH, IF WE CAN GO BACK TO, UM, UH, THE, UH, SLIDE NINE, UH, I BELIEVE IT WAS YES.

BEFORE NINE 30 IN YOUR PRESENTATION, IT LOOKS LIKE THERE IS A SENSE, UM, AND I DON'T KNOW WHO IS BUILDING IT, BUT THOSE, SO WE HAVE A SIX FOOT FENCE AND THEN A NONCOMPLIANT FENCE ABOVE THAT, IS SOMEBODY BEHIND THEM BUILDING A FENCE THAT IS 14.

YES.

UH, THE NEIGHBOR AND CODES ON A, ABOUT THAT THEY HAVEN'T ISSUED A CITATION YET.

UM, THERE'S A PERSON TO THE REAR, UH, BULLDOZE BOUGHT THE PROPERTY BULLDOZED THAT IT'S IN THE PROCESS OF BUILDING A NEW HOUSE AND THE BUILDER INSTALLED THAT FENCE.

UM, AND, UH, THEY LEFT THE POLES TO BUILD THE FENCE HIGHER, BUT I GUESS WHEN CODE ENFORCEMENT CAME OUT, THEY DECIDED NOT TO BUILD THE HORIZONTAL WOOD ANY HIGHER UNTIL THEY GOT IT.

THERE.

IT'S NOT MR. RICE ARMS ARE RICE OWNERS.

NO, NOT AT ALL.

SO I'M GUESSING THAT THE, UH, UH, UH, DIRECTLY BEHIND THEM ARE NOT TOO HAPPY ABOUT I COULDN'T SPECULATE ABOUT THAT.

OKAY.

ALRIGHT.

VERY GOOD.

ALRIGHT.

THANK YOU SO MUCH.

ALRIGHT.

ARE THERE ANY ADDITIONAL QUESTIONS? UM, AND IF WE CAN TAKE THE PRESENTATION STUFF DOWN.

NO, NO ADDITIONAL QUESTIONS.

ALRIGHT.

UM, SO TWO QUESTIONS.

I WAS RAISING MY HAND.

I'M SORRY.

YES, GO AHEAD, BROOKE.

OKAY.

UM, BOTH FLOODS DEED ONE EIGHT AND 81 NINE, HE SHOWED THAT HE'S PUT DOWN A PERVIOUS COVER.

[01:10:01]

WHAT IS THAT MATERIAL? CAUSE I CAN'T TELL IF IT'S JUST PEBBLES OR IF IT'S DG, UH, I DON'T KNOW THE OFFICIAL NAME.

I THINK IT'S FEW GRAVELS AND WHAT HE CALLED IT.

OKAY.

BECAUSE THE ONLY POINT IS IF HE STARTS USING, UM, DECOMPOSED GRANITE, THAT IS NOT, UM, PERVIOUS, IT'S CONSIDERED PUR IT'S CONSIDERED IMPERVIOUS.

I JUST BE CAREFUL ON WHAT YOU PUT DOWN.

AND THE OTHER THING IS HOW IS HE GETTING ALONG WITH PERMITTING THAT POOL? YEAH.

SO, UH, WE HAVE THE PERMIT APPLICATION, MOSTLY PREPARED.

UH, THERE'S THE PART OF THE APPLICATION THAT ASKS