[00:00:03]
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.
SHOULD WE CALL THE ROLE? OH, YES, I'M SORRY.
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.
UH, MELISSA, WE SEE YOU AS WELL.
ALRIGHT, WILLIAM, UH, RIGHT HERE.
UH, DON LAYTON BURWELL HERE, RON MCDANIEL HERE.
UH, YASMIN SMITH HERE, RIGHT? UH, MICHAEL WANOLA.
I WANT TO BE THERE ROM IS ON THE BEACH OR THERE YOU GO.
AND KELLY HERE AND THANKS FOR FILLING IN TONIGHT.
[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.UM, ARE THERE, IS THERE ANY OTHER STEPSON? OKAY, SO WE'LL CALL THE ROLL ON APPROVAL OF BIRTH BAILEY.
UH, JESSICA, THE ONE ABLE TO HEAR YOU OR YOUR HAND IF YOU'RE APPROVING, UH, YES, MELISSA.
[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.
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.
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.
SO, UH, UH, MR. REESE, YOU HAD THREE MINUTES TO SPEAK IN OPPOSITION TO THIS CASE.
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.
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.
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 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 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.
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.
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.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.
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.
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.
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.
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.
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.
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.
AND THANK YOU FOR JUST LISTENING.
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.
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.
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.
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.
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.
IT'S CALLED OPTION TWO IS SPECIFICALLY, UM, THAT'S WHAT THE BOARD WANTED.
SO 15 IN THE BACKUP IS WHAT WAS APPROVED WITH THE ADDITION OF THE 50 FOOT SETBACK FROM THE INLET ETHIC.
THANK YOU FOR CLARIFYING THAT.
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.
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.
AND THAT'S WHAT YOU WANTED MELISSA? CORRECT.
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.
GREAT JOB IF YOU'RE WATCHING BRIAN KING.
YES, I AM SURE HE IS, UH, DARRELL PRUITT.
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.
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, AND THIS IS AT 43 NORTH, UM,
UM, SO, UM, IF WE HAVE, UH, MR.
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.
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.
THANK YOU FOR CLARIFYING THAT.
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.
THERE'S TWO STAIRCASES GOING UP TO THE SECOND
[00:30:01]
LEVEL.IT'S NOT USED FOR ANYTHING ELSE DOWNSTAIRS.
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.
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.
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.
[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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.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.
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.
ANY LAST THOUGHTS? ANY, UH, FURTHER DISCUSSION.
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.LET'S CALL THE ROLE OF THE MOTION IS TO APPROVE THE REDUCTION IN A BIRKIN SPACES.
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.
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.
BASED ON WHAT HAS ALREADY BEEN.
WELL, I THINK A FOUR SPACE SHORTFALL IS MANAGEABLE, SO I'LL VOTE.
WHAT WOULD BE THE CASE FOR A LARGER PROJECT? VERY GOOD.
UH, SO, UH, YOU HAVE GOTTEN YOUR BERRIES.
[D-1 C15-2019-0063 Micah King for Stephen H. Rison 1507 Fairfield Drive]
ALL RIGHT.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.
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.
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.
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.
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.
HOW TALL IS THIS STRUCTURE? SO, YEAH, IT'S, UH, VARIABLE.
UH, LET ME PULL UP THAT EXACT NUMBER.
[01:05:02]
SORRY.OH, I WAS JUST SAYING IT VARIES FROM ABOUT 11 AND THREE QUARTER TO ABOUT 14 AND A QUARTER FEET TALL.
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.
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.
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
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.
AND THERE WAS NEVER A COMPLAINT ABOUT THOSE THINGS AND HE DID MULTIPLE SITE INSPECTIONS AND, UH, IT NEVER CAME UP.
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.
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.
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.
IT'S NOT MR. RICE ARMS ARE RICE OWNERS.
SO I'M GUESSING THAT THE, UH, UH, UH, DIRECTLY BEHIND THEM ARE NOT TOO HAPPY ABOUT I COULDN'T SPECULATE ABOUT THAT.
ARE THERE ANY ADDITIONAL QUESTIONS? UM, AND IF WE CAN TAKE THE PRESENTATION STUFF DOWN.
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.
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 ABOUT EXISTING AND PERVIOUS TUBER AND HOW MUCH IT WOULD INCREASE BASED UPON THE CONSTRUCTION OF THE REQUESTED POOL AND WHERE YOU'RE TRYING TO GET OUR IMPERVIOUS COVER DOWN BELOW THE 45% IN ORDER TO, TO BE ABLE TO APPLY TO THAT PERMIT AND GET IT ISSUED.
ANY ADDITIONAL QUESTIONS OF THE APPLICANT OR ANY MORE DISCUSSION? OKAY.
I'LL JUST SAY AGAIN, THAT THIS, THE HEARTACHE THAT I HAVE ABOUT THIS IS WHAT I SEE IN EVERY NEIGHBORHOOD, RIGHT? THAT YOU HAVE A NICE NEIGHBOR, NICE GUY.
AND HE STARTS DOING STUFF ON THE WEEKEND.
AND THEN PRETTY SOON, YOU KNOW, HE'S VIOLATED 10 OR 12 DIFFERENT ORDINANCES AND UNKNOWINGLY AS IF HE LIVES IN THE COUNTRY INSTEAD OF THE CITY.
UH, AND, AND, UH, AND IT'S ALWAYS ABOUT RELATIVES, A NICE GUY, BLAH, BLAH, BLAH, BLAH, BLAH.
UM, THAT NEIGHBORHOOD, OBVIOUSLY THERE ARE PEOPLE IN THE NEIGHBORHOOD, IF YOU HAD AN ISSUE WITH THIS, OR THIS WILL NEVER COME THROUGH FOR US.
SO THIS GOT TURNED INTO CODE ENFORCEMENT, UH, BECAUSE, UM, YOU KNOW, THEY HAVE PARTIES, THEY'RE LARGE PART, MOOSE IT UP, REMINDERS OF LOOKING ONLINE AND OTHER THINGS LIKE THIS.
UM, SO BEAUTY IS IN THE EYE OF THE HOLDER.
UM, BUT AGAIN, UH, THIS HAS ALL HAPPENED IN THIS SANCTUARY.
THIS IS NOT STUFF FROM THE 1980S OR THE MORNING NEWS OR ANYTHING.
AND, UM, I, UH, THINK THAT, UH, I PERSONALLY HAVE, UM, A PROBLEM WITH US ARE CONDONING, UM, SOMEONE NAIVELY OR WHATEVER IT IS.
IT'S BASICALLY BURNING THE BOILED WATER.
SO, UH, I'M HAVING TROUBLE WITH THIS ONE.
ALRIGHT, SO WE HAVE A MOTION FOR A SECOND TO THE MOTION THAT IT WAS BY MELISSA TO, UH, APPROVE THIS.
SECOND, SECOND BY MOST ACCOUNTABLE.
UM, SO LET'S GO AHEAD AND CALL THE ROLE.
SO THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DEAN OLIVER FOR REGIONAL USE AS THIS IS AN OLDER CONFIGURED LOT.
AND THE CODE AT THE TIME THAT THE STRUCTURE WAS ORIGINALLY, THE HOUSE WAS ORIGINALLY DONE, WHAT ALLOWED FOR A 5% BACK.
AND THE CODE HAS EVEN BEEN AMENDED TODAY TO ALLOW A FIVE FOOT SETBACK.
IF YOU'RE ADJACENT TO AN ALLEY OF A STRUCTURE, LESS THAN 15 FEET IN HEIGHT.
AND THIS STRUCTURE NOW THAT IT HAS MOVED OUT OF THE PUE QUALIFIES AS SUCH THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY AS THE STRUCTURE HAD BEEN THERE FOR FOR SOME TIME AND HAS BEEN AMENDED TO BE PULLED OUT OF THE PUE AND HAS BEEN HARDENED ON THE, UH, ON THE REAR SETBACK SIDE.
THE R-CHOP IS NOT GENERAL AREA IN WHICH THE PROPERTY IS LOCATED AT OTHER LOTS, HAVE A SIMILAR REAR STRUCTURES.
AND THERE'S THREES ALSO ALONG THE BACKSIDE OF THE SLOT, THE VARIANCE WOULD NOT ALTER THE ERIK CHARACTER.
INSTEAD WE WOULD HELP TO PRESERVE THIS FUNKY LITTLE SHOP THAT HE'S GOT OUT BACK.
NOT THAT THAT'S A HARDSHIP, BUT FUNKY KIND OF MAKES IT AUSTIN WEIRD TO ME, AND THAT IT HAS BEEN RENOVATED TO BE PULLED OUT OF THE BACK PUE AND, UH, AND HE'S MAKING AMENDS.
AND I FEEL LIKE THAT IT, IT DOES ADD TO THE AREA CHARACTER AND THAT'S ALL I HAVE.
UM, IS THERE ANYTHING ELSE? ALRIGHT, LET'S GO AHEAD AND CALL THE ROLL BOOK.
THIS IS A VERY TOUGH ONE BECAUSE I FEEL LIKE ASKING FOR FORGIVENESS AFTERWARDS.
WE SEE A LOT, UH, I KNOW THAT HE'S WORKING HARD AND I KNOW THAT WE CAN'T LOOK AT THAT THERE'S OTHER VIOLATIONS.
[01:15:01]
LOOK AT THIS ONE THAT'S ON THE AGENDA.WE CAN'T, EVEN THOUGH WE KNOW THERE'S PROBABLY FIVE OTHER VARIANCES REQUIRED ON THIS, WE CAN'T SPLIT THAT WHEN WE'RE VOTING ON THIS.
SO I'M STRUGGLING WITH THIS, BUT I WILL GO WITH YES, BECAUSE WE'LL PROBABLY SEE YOU BACK HERE.
ON THIS ONLY BECAUSE OF THE, UH, EFFORTS THAT HAVE BEEN MADE TO BRING THE, UM, STRUCTURE THAT WE'RE TALKING ABOUT INTO COMPLIANCE.
I THINK THE FIVE FOOT SET BACK, I AGREE WITH MELISSA ON THAT.
UH, HOWEVER, I WOULD SAY TO THE NEIGHBORS WHO FEEL THAT THEY'RE AGGRIEVED, THERE ARE A WHOLE LOT OF, UM, EXISTING VIOLATIONS ON THIS, THAT CODE ENFORCEMENT CERTAINLY COULD BE BROUGHT IN.
UH, I WE'RE IN VIOLENT AGREEMENT TODAY, DON.
I, I, I VOTED YES WITH SIMILAR RESERVATIONS, BUT, UH, YES.
NO, BECAUSE I DO NOT SEE A HARDSHIP.
I THINK THE POOL IT'S AN ABOVE GROUND POOL.
IT COULD BE MOVED ONTO THAT IMPERVIOUS COVER CAN BE REPLACED OR, OR, OR WHATEVER.
I'M JUST GOING TO HAVE TO VOTE.
UH, YOU ASKED ME, UM, I HAVE THE SAME RESERVATIONS OF BOTH YOURSELF, CORRECT.
UM, SO HOPEFULLY WE WON'T SEE YOU BACK ON THESE OTHER THINGS.
SO IF I COULD, UM, MR. KING, I'D LIKE TO SAY THANK YOU FOR HELPING HIM.
AND THANK YOU ALL FOR YOUR TIME AND CONSIDERATION.
I REALIZE THAT THIS WAS A LOT WORSE WHEN, WHEN YOU GOT IT AND IT CERTAINLY IS A LOT BETTER.
YES, I THINK THAT'S A GOOD POINT.
[D-2 C15-2020-0029 Ryan Bollom for John S Peet 1711 Waterston Avenue]
SO MOVING ON TO ITEM D TWO, THIS IS OUR LAST, UM, NEW CASE OR A PREVIOUS CASE.SO WE MAY DO AN EARLY EVENING OF HERE, HOPEFULLY.
UM, SO THIS IS ITEM D TO A C 15 DASH 2020 ZERO ZERO TWO NINE.
UH, BOLEYN, UH, FOR JOHN S P A 1711 WATERSTON AVENUE.
AND, UH, SO, AND THIS WAS BY THE WAY, THE ONE THAT WE HAD SOME OPPOSITION FOR WAS ON THIS RELEASE, UH, EARLIER.
UM, SO, UM, MR. BOLAN, THANK YOU FOR HEARING OUR CASE.
AGAIN, WE CONSIDERED ALL THE COMMENTS THAT LOWEST TOPS AND COLORS AND HAVE SIGNIFICANTLY REDUCED OUR REQUEST, BUT WE ARE NO LONGER SEEKING A VARIANCE TO THE BACKSET BACK.
AND JOHN AND MOLLY ARE NOW ALSO WITHDRAWING THE REQUEST FOR SIDE SEC BACK ADJUSTMENTS, EXCEPT THAT THE CARDBOARD THEY'RE ONLY ASKING FOR THESE THREE THINGS, ONE A REDUCED A REQUEST FOR BUILDING COVERAGE TO 44% TO HAVE REDUCED REQUESTS FOR IMPERVIOUS COVERAGE TO 49% WHILE STILL PROVIDING RAIN WATER COLLECTION TO OFFSET THE INCREASE AND THREE, THREE AND A HALF SIDE SETBACK REQUESTS TO ACCOMMODATE THE CARPORT.
ONLY PAGE TWO, PLEASE, IN REFERENCE TO THE BOARD COMMENTS, IT WAS SUGGESTED THAT WE FAILED TO SHOW A HARDSHIP.
SO WE HAVE DONE OUR BEST TO CLARIFY, ACCORDING TO BOA GUIDEBOOK, PAGE 10, QUOTE, TREES MAY CONSTITUTE A HARDSHIP IF THEY'RE ACQUIRED TO BE PRESERVED, OR IF AN APP WANTS TO PRESERVE THEM IN QUOTES, JOHN AND MOLLY WOULD LIKE TO PRESERVE EXISTING TREE CANOPY, WHICH COVERS THE MAJORITY OF THE LOT.
AS YOU CAN SEE FROM THIS AERIAL IMAGE, THE RED HIGHLIGHT SHOWS THE BUILDABLE AREA THAT IS NOT COVERED BY THE TREE CANOPY, UH, INCLUDING EXISTING HOUSE.
THIS IS ONLY APPROXIMATELY 700 SQUARE FEET OF SPACE.
AND SINCE IT IS A SMALL AND IRREGULAR ACROSS A LOT, IT'S NOT REALLY FEASIBLE TO BUILD THREE OR MORE STORIES WITHOUT EFFECTING THE CANOPY.
THERE ARE 12 TREES THAT WILL BE IMPACTED BY THE DESIGN.
ONLY TWO OF THEM, ANY OF THE, UH,
[01:20:05]
HOLD ON.SO THESE ARE THE IMAGES OF THE PHOTO OR PHOTOS WITH TREES.
SO THERE ARE 12 TREES THAT WILL BE IMPACTED BY DESIGN.
ONLY TWO OF THEM ARE ON JOHN AND MOLLY'S LOT.
AND THOSE HAPPENED TO BE THE ONLY TWO PROTECTED TREES, BUT 10 OTHER TREES ARE VERY CLOSE TO THE PROPERTY LINE, BUT ARE ACTUALLY ON THE NEIGHBORS LOCKED AND NONE OF THEM ARE PROTECTED.
UH, SO THIS DESIGN PROPOSAL IS ACTUALLY TRYING TO PRESERVE THEIR NEIGHBORS.
TREATS JOHN AND MOLLY ARE ALLOWED TO BUILD AN ADDITIONAL 1,482 SQUARE FEET BY RIGHT ACCORDING TO THE CODE, THEY HAD PREVIOUSLY REQUESTED 1,253.
UM, IN ORDER TO DO THIS WHILE PRESERVING ALL THE TREES, DO YOU SEE ANY PHOTOS WE'RE ASKING FOR SLIGHTLY INCREASED COVERAGES? THE PAGE FOUR, PLEASE? UM, IT WAS SUGGESTED WE PLACE TOO MUCH EMPHASIS ON THE NEIGHBORHOOD DESIGN GUIDELINES AND DESIRE TO RESPECT OUR NEIGHBORS WITH A SHORTER ONE STORY DESIGN AND THAT WE LOOK AT ALTERNATIVE SOLUTION, BUT WE'VE GREATLY REDUCED OUR PARENTS' REQUESTS BY DESIGNING A HABITABLE ATTIC AT THE BACK PORTION OF ADDITION, WHERE THERE'S MORE AVAILABLE, HIGH FUNDER, THE TREE CANOPY, BUT WE'VE ALSO ENCROACHED ON THE CONCRETE, THE COUNTRY'S CRITICAL ROOT ZONE, ADDING MORE LIVING SPACE TO THE NORTH AND MOVING THE BACK PORTION OUT OF THE PREVIOUSLY REQUESTED SETBACK WE WERE TRYING TO AVOID.
SO THIS IS BACK TO OUR PROPOSED SITE PLAN AND ARBORIST ASSESSED THE SITE WITH US AND RECOMMENDED A ONE STORY BUILDUP IN HIS REPORT.
CROONING OVER 25% OF THE CANOPY IS EXTREMELY DETRIMENTAL TO A TREE HEALTH.
UM, SO I'VE COVERED I'VE COLORED THE, UH, THE TREES, ACCORDING TO THEIR HEALTH RISKS, RED INDICATES PROTECTED AND OR MOST ENDANGERED BY A TWO STORY ADDITION, SHADES OF YELLOW SHOW, A LARGE AMOUNT OF PRUNING WILL BE REQUIRED.
AND OUR HEALTH RISKS OF THE NEIGHBOR'S CHERRY OIL SHOWN IN RED ON THE WEST SIDE ALMOST CERTAINLY DIE FROM A TWO STORY ADDITION.
IT WAS SUGGESTED THAT WE SHOULD CONSIDER FUTURE OWNERS OF THE PROPERTY AND THE DESIRE TO BUILD THEIR OWN ADDITIONS OR LANDSCAPE TEACHERS, JOHN AND MOLLY PLANTED RAVEN FAMILY IN THIS HOUSE.
AND IT'S EXTREMELY DIFFICULT TO PLAN FOR FUTURE OWNERS, ESPECIALLY CONSIDERING A NEW TO LAND DEVELOPMENT CODE WILL BE IMPLEMENTED SOMETIME IN THE FUTURE.
OUR DESIGN CONTINUES TO BE RESPECTFUL OF THE NEIGHBORHOOD AND NEIGHBORS, AND WE FEEL IT AS MUCH MORE SPECIAL THAN A TYPICAL DEVELOPER WOULD BUILD.
UM, IT WAS SUGGESTED THE CHARACTER OF PARKSVILLE HAS ALREADY CHANGED TO SUCH AN EXTENT THAT IT WAS LESS IMPORTANT TO ADHERE TO THE NEIGHBORHOOD DESIGN GUIDELINES, CORRESPOND TO THE HISTORIC HOME SITUATED NEXT TO THE PROPERTY WHILE CLARKSVILLE HAS CERTAINLY CHANGED.
IT IS A NATIONAL REGISTER OF HISTORIC DISTRICTS STILL FILLED WITH HISTORIC HOMES, AND WE BELIEVE THERE'S STILL VALUE INTO TRYING TO PRESERVE THAT HISTORY.
EVEN IF OTHER RESIDENTS WHERE DEVELOPERS HAVE CHOSEN NOT TO, WE WERE AT YOUR DISCRETION AND HOW THIS DESIGN WILL BE EXECUTED, AND WE UNDERSTAND YOU CAN DENY OUR REQUEST.
AND IN THAT CASE, THE ALTERNATIVE TO WILL BE, WILL BE TO BUILD UP, WHICH IS POSSIBLE, BUT THAT WOULD RESULT IN AN ADDITION THAT THEY HAVE 4% LESS COVERAGE, BUT WILL LIKELY BE 10 FOOT TALLER AND ADVERSELY IMPACT.
THE TREES, UM, IS WITHIN JOHN AND MOLLY'S RIGHT TO CUT THEIR NEIGHBOR'S TREE BRANCHES, WHICH CROSSING INTO LAW THAT COULD ESSENTIALLY BE HALF OF EACH OF THESE UNPROTECTED TREES.
THIS IS WHAT THE CODE DOES ALLOW.
IS IT REALLY A BETTER SOLUTION? WE DON'T THINK SO.
UH, THERE ARE A MYRIAD OF ISSUES WE HAVE LOOKED AT TO ARRIVE AT THIS CONCEPT OF AN ARCHITECT.
IT'S MY FIDUCIARY RESPONSIBILITY TO LOOK OUT FOR THE CLIENT'S BEST INTERESTS WHILE ALSO SERVING THE BEST INTERESTS ENVIRONMENT AND SOCIETY.
SO I CERTAINLY THINK THESE MINERAL REQUESTS THAT WE'RE FIGHTING FOR TO PRESERVE TREES AND QUITE FRANKLY BE A BETTER NEIGHBOR BY BUILDING A LESS INTRUSIVE ADDITION.
SO THANK YOU FOR YOUR TIME AND CONSIDERATION, AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT'S CLOSE TO PUBLIC HEARING.
UH, SO, UH, UH, MICHAEL, I SEE YOU WAVING YOUR HAND.
I HAVE A QUESTION FOR THE, UH, APPLICANT ON OUR AGENDA, UH, POSTED, WE HAVE BUILDING COVERAGE REQUIREMENTS TO INCREASE 40% MAXIMUM A LAW TO 55% REQUESTED.
AND YOU SAID YOU WOULD BE OKAY WITH 44%.
WE CAN DO THAT CAUSE WE'RE GOING LESS THAN POSTED, BUT ON THE IMPERVIOUS COVER REQUIREMENTS TO INCREASE FROM 45% MAXIMUM ALOUD TO 65%, UH, YOU'RE ALSO ASKING FOR 49%.
SO ARE YOU ASKING FOR LESS? YES.
I DID WANT TO MAKE SURE I WANT TO GET THAT INTO THE RECORD BECAUSE YOU CAN ASK FOR LESS THAN WHAT'S POSTED, NOT, NOT MORE.
AND THEN, UH, SO WHAT YOU'RE LOOKING AT, WHAT YOU'RE ASKING FOR, UH, AS FAR AS VERY INCHES NOW, UH, WHICH I DO APPRECIATE THE KEEPING THE AREA OF CHARACTER BY NOT BUILDING A TWO STORY MASSIVE STRUCTURE LIKE ACROSS THE STREET, UH, WHERE YOU'RE AT, BUT WHAT YOU'RE ASKING ON, I JUST WANT TO CLARIFY THIS FOR THE RECORD IS ITEM NUMBER ONE, THE SETBACK REQUIREMENT TO DECREASE, UH, THE MINIMUM INTERIOR SIDE SETBACK FROM FIVE FEET TO THREE AND A HALF FEET REQUESTED FOR CAR PORT ONLY BUILDING COVER REQUIREMENTS
[01:25:01]
TO INCREASE FROM 40% TO 44% AND THEN IMPERVIOUS COVER REQUIREMENTS TO INCREASE FROM 45% TO 49%.IS THAT CORRECT? THAT'S CORRECT.
I DON'T HAVE A PROBLEM JUST TO CLARIFY WHILE WE'RE ON THAT.
I BELIEVE ITEM TWO, THE SETBACK REQUIREMENTS YOU HAD INDICATED THAT, UH, THE REAR SETBACK WOULD BE 10 FEET, NOT FIVE FEET.
THEY ACTUALLY TOOK IT OUT IF I'M NOT MISTAKEN.
I'M JUST WONDERING SINCE YOU WERE CLARIFYING THE OTHER, WE ARE NO LONGER ASKING FOR SETBACKS OF ANY TYPE OF, EXCEPT AT THE CAR PORT EXCEPT, AND THAT'S A ONE CAR CAR.
IT'S A NINE FOOT WIDE CAR LENGTH.
AND DO WE HAVE A LANE? DO YOU HAVE A, UH, AN AMENDED DOCUMENTATION OR THE ANNOUNCER? HE SUBMITTED AN AMENDED APPLICATION AND THAT SHOULD BE IN THE BACK THOUGH.
WE'LL YOU MUST GET YOUR HAND UP.
UM, AT FIRST I HAVE A QUESTION, UM, REGARDING THE PROPOSED CARPORT, A QUESTION FOR YOU, UH, MR. BALDWIN, UM, YOU'RE ASKING FOR A THREE, THREE AND A HALF FEET SET THREE AND A HALF FOOT SETBACK.
IS THAT TO THE STRUCTURE THAT IS SUPPORTING THE CARPORT? THE COLUMNS.
BECAUSE, UM, YOU KNOW, NORMALLY WE WOULD BE ALLOWED TO PROJECT A CAR CARPORTS EVE TWO FEET INTO A SETBACK, YOU KNOW, BY RIGHT.
AND THEN JUST TO CLARIFY, OTHER THAN THAT, BESIDES SETBACKS ARE GOING TO BE THE SAME, IS THAT WHAT YOU'RE ASKING? THEY'RE GOING TO BE FINE.
WE ARE ASKING, WE ARE ASKING FOR THE THREE AND A HALF FOOT JUST TO THE STRUCTURE, BECAUSE THAT GIVES US NINE FOOT TO THE HOUSE.
SO WE HAVE NINE FOOT PARKING SPACE, RIGHT.
AND WE ARE NOT ASKING FOR ANY SIZE SETBACKS OTHER THAN THAT ANYMORE, JOHN AND MOLLY HAVE DECIDED THAT WE CAN MAKE IT WORK.
I, I, UM, I STILL, I STILL HAVE THE PROBLEMS THAT I HAD THE LAST TIME.
UM, I, I DO NOT, I, I DO NOT SEE A HARDSHIP, UM, BUYING A PROPERTY AND HAVING GREAT INTENTIONS, BUT NOT FOLLOWING THE RULES TO ME DOES NOT CONSTITUTE A HARDSHIP.
UM, I WILL DEFINITELY BE IF WE HAVE A VOTE ON THIS ON, I MAY DO SOMETHING RARE AND I MAY SAY, GET BACK TO ME.
I REALLY DON'T LIKE THE IDEA OF NOT FOLLOWING THE RULES.
I GET MR. BALL WITH ALL DUE RESPECT.
I GOT, I GOT TO TELL PEOPLE, LOOK, YOU CAN'T GET WHAT YOU WANT WITHOUT GETTING THEM GOING TO GET A VARIANCE.
I UNDERSTAND TREES, THE TREES, ACCORDING TO OUR LAWS AND FIND THESE TREES ARE HARDSHIP.
AND THEN I'M LOOKING AT THE TRYING TO PRESERVE THE AREA OF CHARACTER AS WELL, BECAUSE HE CAN BUILD A LOT BIGGER.
THERE'S MORE SQUARE FOOTAGE WITHOUT COMING IN FRONT OF US.
SO SOMETIMES IT DEPENDS ON WHERE DO YOU WANT TO SPLIT THE BABY? UM, UM, I'M DEFINITELY AT THAT POINT.
SO I'M SAYING I'M GOING TO LISTEN TO THE REST OF THE DEBATE.
I HAVE NOT MADE UP MY MIND ON THIS, BUT I WANTED TO SEE HER HAND UP FOR AWHILE.
I THINK THIS IS YOUR NEGATIVE, ISN'T IT? THIS IS MY NEIGHBORHOOD.
AND I JUST WANT TO MAKE ONE POINT BECAUSE I WASN'T HERE LAST MONTH, UM, SHOULDER.
BUT, UM, I KNOW WE TALKED ABOUT ACROSS THE STREET.
THERE'S TWO STORY HOMES ACROSS THE STREET.
IT'S NOT IN THE SAME HISTORIC DISTRICT ACROSS THE STREET IS JUST A, UM, LESS LINE OR AN OLD PART OF AWANA.
THIS, UM, CLARKSVILLE, YOU KNOW, HISTORIC DISTRICT IS ONLY ON THIS SIDE OF WATERSTON.
AND THE OTHER THING IS THE HERITAGE HOUSE THEY'RE TALKING ABOUT.
THAT'S ACTUALLY A MUSEUM WITH COMMUNITY GARDENS IN THE BACK.
THAT'S NOT A SINGLE FAMILY HOME.
IT'S IT'S, UM, OWNED BY THE CITY AND RUN BY THE CLARKSVILLE COMMUNITY DEVELOPMENT CORPORATION.
SO THERE IS SOME AREA CHARACTER.
IF YOU STAY ON THAT SIDE OF THE STREET, THAT, THAT WE KEEP THIS TO ONE STORY, BUT IF YOU GO ONE STREET OVER THERE'S TWO STORY HOMES WITHIN CLARKSVILLE.
AND I HAD A LOT OF HEARTBURN WITH THEIR PREVIOUS DESIGN.
UM, EVEN THOUGH I WASN'T HERE, I DID GO THROUGH ALL THE MATERIAL.
UM, BUT I THINK THAT THEY'VE WORKED REALLY HARD AND
[01:30:01]
THERE ARE SOME VERY LARGE TREES THERE.AND A LOT OF THE NEW DEVELOPERS ARE CUTTING DOWN THE TREES.
I DON'T KNOW HOW THEY'RE GETTING TO DO IT AND HOW THEY'RE GETTING, WHERE THEY'RE FILLING THE WHOLE LOT.
I HAVE A COUPLE ACROSS THE STREET FROM ME THAT I HAVE NO CLUE HOW THEY BUILT THESE HOMES.
AND, UM, YEAH, THERE THEY ARE RIGHT IN THE MIDDLE OF CLARKSVILLE.
SO, UM, I APPRECIATE THE WORK THEY'VE PUT INTO THIS AND THE WORK THEY'VE DONE WITH THEIR NEIGHBORS TO DO THE BEST THEY CAN TO PRESERVE THE TREES.
AND I APPRECIATE THAT THEY ARE NOT ASKING FOR THAT REAR SET BACK BECAUSE I COULD NOT HAVE SUPPORTED THAT.
AND THAT THEY'VE ALSO TAKEN OUT THE OTHER SIDE SET BACKS BESIDE THE CAR PORT.
I DO HAVE ONE QUESTION FOR THE APPLICANT AND THAT IS ON THIS CAR PORT, IS IT OPEN ON THE TWO SIDES THAT ARE NOT ATTACHED BESIDES THE FRONT SIDES AND THE REAR OF IT? AND THE SIDE NEXT TO THE PROPERTY LINE IS, HAS THAT CARPORT OPEN? THE INTENTION IS TO BE OPEN YES.
MITIGATE THAT REDUCED SETBACK IS I THINK, I THINK WE, I WOULD LIKE TO ADD THAT AS A CONDITION AS THAT THOSE TWO SIDES STAY OPEN AND THAT WOULD HELP MITIGATE THE FEELING OF OPENNESS, YOU KNOW, OF BEING CLOSED IN BEING THAT CLOSE TO THE PROPERTY LINE.
AND JUST ANOTHER QUESTION FOR THE ETHICS.
SO I'M LOOKING AT THE PRESENTATION ON, UH, D TO ONE, UH, P UM, AND THIS WAS A QUESTION THAT WILLIAM HAD ASKED, BUT, UM, THIS THREE AND A HALF FOOT DIMENSION LOOKS LIKE IT'S TO THE ENDS OF THE DRIVE STRIP, NOT THE COLUMN THAT SUPPORTS THE, UM, THAT'S, THAT'S JUST BECAUSE THE ARROW WAS SUCH A TIGHT SPACE, THE ARROW FLIPPED, BUT IT IS TO THE STRUCTURE IS EXTERIOR OF THE STRUCTURE.
SO, UM, ANY OTHER QUESTIONS, UH, WE'LL SEE YOUR HAND UP, GOTTA UNMUTE THERE ON THAT SAME DOCUMENT.
I'M A LITTLE CONFUSED BECAUSE YOU SAY YOU'RE NOT ASKING FOR ANY OF ADDITIONAL VARIANCE FROM SIDE SETBACKS, BUT IF YOU KEEP GOING TOWARDS THE BACK, PASS THE CAR PORT, THERE'S A FIVE FOOT SETBACK ON THE ONE SIDE ON THE RIGHT HAND SIDE, BUT THEN IT'S ONLY 4.2 ON THE LEFT HAND SIDE THAT YOU'VE GOT 4.2 SIDE SETBACKS ON THE ENTIRE BACK AREA.
SO ARE YOU PROPOSING THAT THOSE BE THOSE STRUCTURES BE SMALLER AND THAT ALL OF THE SIDE SETBACKS WILL BE FIVE FEET WITH THE EXCEPTION OF THE CARPORT? THAT IS CORRECT.
UM, THE OWNERS DECIDED WE WORKED THROUGH THIS AFTER WE HAD SUBMITTED THE PRESENTATION.
UM, SO THEY ARE, WE ARE NOW THE DOUBLE SET TAX WOULD LIKELY BE 5.2.
WILLIAM, I, HE ANSWERED, HE ANSWERED MY QUESTION.
UM, UH, SO, UH, WE DON'T HAVE A MOTION YET.
LET ME CLOSE THE PUBLIC HEARING.
UH, CAN YOU CLOSE THE PUBLIC HEARING? I CAN'T REMEMBER IF I GET, WELL, I'M CLOSING THE PUBLIC HEARING.
I THINK I DID, BUT, UM, SOMETIMES I DON'T.
UH, SO, UH, JESSICA, I'D LIKE TO GO AHEAD AND MAKE A MOTION TO APPROVE WITH ME A STIPULATION THAT THE TWO SIDES OF THE CAR PART REMAIN OPEN.
UH, IS THERE A SECOND, MICHAEL
SO WE HAVE A MOTION TO APPROVE A SECOND BY MICHAEL BOND OLIN.
UH, I WOULD LIKE TO JUST ADD A FRIENDLY AMENDMENT THAT THE PARK BOARD IS OPEN ON ALL SIDES, EXCEPT FOR THE SIDE AGAINST THE EXISTING HOUSE.
IS THAT, IS THAT ACCEPTABLE?
UH, ANY OTHER DISCUSSION? OKAY.
SO, UM, GOING BACK TO, UM, THE, UH, UH, THE CASE HERE, WE HAVE, UH, A REQUEST FOR THE, UH, SIDE YARD SETBACK TO BE THREE AND A HALF FEET FULLY, AND THAT THE PORTFOLIO WILL BE OPEN ON ALL SIDES.
UH, THE, UH, OTHER, UH, THE REAR SETBACK WILL REMAIN, UH, 10 FEET OR MORE.
[01:35:01]
COVERAGE HAS BEEN, UH, INCREASED FROM 40% TO 44%.AND THE IMPERVIOUS COVER HAS BEEN INCREASED FROM 45 TO 49%.
MELISSA, WHEN YOU TAKE THE OTHER 10 INCHES ON ONE SIDE AND 10 INCHES OFF THE BACK, HOW MUCH DOES THAT REDUCE YOUR BUILDING COVERAGE AND IMPERVIOUS COVER? MR. APPLICANT, PLEASE.
I CAN, AND SHOULD, I WOULD HAVE TO, I WOULD HAVE TO LOOK AT THAT, UM, UH, 10 INCHES CROP, BOTH OF THOSE.
UM, THE 4% I KNOW THE 4% WE'RE ASKING FOR IS 216 SQUARE FEET.
UM, THE THAT'S PROBABLY MAYBE 30 SQUARE FEET, UM, WHICH IS, UH, 30.
AND THAT IS APPROXIMATELY 0.05%, NOT EVEN 1%.
AND THAT'S A ROUGH CALCULATION.
I'M SORRY, A VERY QUICK, UM, THE ONLY OTHER THING THAT I, I WOULD SAY IS WE DO HAVE THE ABILITY TO, UM, REQUEST A RAINWATER HARVESTING FOR THE INCREASED IMPERVIOUS COVER.
UH, AND THERE IS A WORKSHEET THAT STAFF HAD GIVEN US SENT OUT.
I HAD SENT OUT TO ALL YOU GUYS, UH, AS OF LAST MONTH, UH
SO WE'RE ONLY TALKING ABOUT 4% INCREASE INTERVIEWS COVERED.
THAT MAY BE THE MINIMUM US IN THE BIG PICTURE HERE.
UM, BUT THAT IS SOMETHING THAT WE COULD ASK FOR IF WE WANT.
UM, SO WE HAVE A MOTION BY JESSICA TO APPROVE, UH, WITH THE AMANDA'S IDEA.
I WOULD LIKE TO MAKE A FRIENDLY AMENDMENT THAT WE REQUIRING MORE COLLECTION.
AND THIS WOULD BE BASED ON THE CITY'S WORKSHEET TAKE THE ADDITIONAL 4%.
I HAD A QUESTION ABOUT THAT, MR. CHAIRMAN.
THE, UM, THE EQUIPMENT AND MATERIALS THAT ARE NECESSARY FOR THAT.
CAN THEY BE LOCATED IN THAT REAR SETBACK AREA? WE KNOW THEY DON'T, I BELIEVE THEY HAVE TO BE OUTSIDE OF THE SETBACKS BECAUSE IT'S PART OF THE STRUCTURE.
WE HAVE, WE HAVE SUCCESSFULLY LOCATED IN REAR SETBACKS BEFORE, BUT THEY'RE, THERE, THERE, WE HAVE SOME DESIGN ON PART OF THE APPLICANT THAT CAN BE FITTED IN, IN OTHER PLACES AS WELL.
IF THERE'S A LOT OF YARD AREA.
SO, UH, WITH THOSE AMENDMENTS, UM, UH, JESSICA, UH, YOU WANT TO DO YOUR FINDINGS UNLESS THERE'S ADDITIONAL DISCUSSION AND ALSO ADDITIONAL MUD, UNLESS THERE'S ADDITIONAL DISCUSSION.
THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DID NOT ALLOW FOR REASONABLE USE BECAUSE THE CLA PROTECTED TREES IN GENERAL, SHE CANNOT BE IN COMBO WITH SMALL LOT SIZE, THE REGULAR SUBDIVISION, PREVENT THE OWNERS FROM ADDING THE ADDITIONAL SPACE.
THEY HAVE COURTED BY CLA ZONING, BUT THE NEIGHBORHOOD GENERALLY AFFORDS OTHER OWNERS.
UH, THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT CLA PROTECTED TREES AND ADDITIONAL CANOPY, SEVERELY RESTRICT BILLABLE AREA AND PLAN AND ELEVATION.
AND THAT THE LOT HAS A SUBSTANDARD WITH THAT.
AN OVERALL SIZE, THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE THE PROPERTY IS SUBSTANDARD.
WHILE MOST OTHER PROPERTIES IN THE NEIGHBORHOOD ARE NOT PROTECTED.
TREES AND TREE CANOPY ARE SPECIFIC CONSTRAINTS THAT APPLY ONLY TO THIS PROPERTY AREA, CHARACTER, THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY WILL NOT IMPAIR THE USE OF ADJACENT CONFORMING PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THE BRANDS WILL ALLOW THE CONDITION TO BE ABOUT PREDOMINANTLY ON A SINGLE STORY, WHICH IS MORE RESPECTFUL OF THE SINGLE STORY, NEIGHBORING HISTORIC HOMES, AND MORE APPROPRIATE TO THE CHARACTER OF THE AREA.
[01:40:07]
OKAY.SO LET'S CALL THE ROLL OF BAILEY.
AND I ALSO HAD JUST MENTIONED TO MR. DANIEL, THAT, UM, PHIL IS STILL BEATING
AND I OBVIOUSLY BELIEVE IN, GIVE ME SOME CLARENCE HILL.
UH, WILLIAM OD, I RARELY DO THIS.
I'M GOING TO MAKE A STATEMENT FOR THE IMPERVIOUS COVER RESTRICTIONS, UM, AMONGST THE MANY DESIGN ZONING RESTRICTIONS THAT WE HAVE IN RESIDENTIAL CONSTRUCTION ENVIRONMENT, IMPERVIOUS COVER RESTRICTIONS ARE THERE FOR A REASON.
UM, THE ONLY REASON I'M VOTING YES IS BECAUSE, UH, Y'ALL WILL BE REQUIRED TO DO RAINWATER COLLECTION.
UH, DARYL CREW HERE, I HAVE A REAL HARD TIME THINKING THAT TREES ON SOMEBODY ELSE'S PROPERTY, IS IT HARDSHIP ON YOUR LOT? UH, BUT GIVEN THE SIZE AND THE CONFIGURATION, UM, AND THE FACT THAT THERE'S GOING TO BE RAINWATER HARVESTING, I WILL VOTE.
IT PASSES UNANIMOUSLY VARIANCE.
UH, MOVING ALONG TO OUR, UH, WE HAVE, UH,
[E-1 Discussion of the July 13, 2020 Board activity report]
ITEM[E-2 Discussion and possible action regarding on an Open BOA Alternate Position; need Mayor Adler to make appointment, ASAP]
UM, EAT TOO.UM, SO, UM, THIS IS, UH, THE SPECTRUM POSSIBLE ACTION REGARDING, UH, OUR ALTERNATE POSITION NAME, STILL OPEN I'VE CONTACTED THE MAYOR'S OFFICE AGAIN, UH, SINCE WE MET LAST AND THEY, THE CHURCH NEEDS THAT IT'S ON THEIR RADAR, BUT, UM, UH, SO WE WERE ONE VOCALLY WITH, UH, UM, THAT IT DOESN'T REQUIRE ANY OF US TO BE, UM, DOWN SIDNEY HALL FOR THE TIME BEING.
[E-3 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).]
THREE, UM, THIS IS, UM, THE STEPS AND POSSIBLE ACTION ON THE, UM, STAFF AND PC COORDINATION.AND THIS WAS LARGELY ABOUT, UM, UM, UH, WORKSHOPS, UM, GOING, UM, AND, UM, UH, IN, IN WORKING WITH, BUT, UM, IT'S MY UNDERSTANDING, UH, ELAINE, THAT BASED ON OUR EARLIER CORRESPONDENCE TODAY THAT THE CITY CLERK'S OFFICE, WE TENTATIVE FORWARDED AN IDEA OF DOING SOME FRAMING ACTUALLY THIS WEEK.
UH, BUT, UM, THAT'S NOT GONNA HAPPEN UNTIL THE CITY CLERK'S OFFICE IS ABLE TO FIND OPENINGS.
UH, WE WON'T HAVE ANY ONLINE THINGS.
IS THAT, IS THAT ACCURATE? YEAH, SO IT SOUNDS LIKE IT PROBABLY WON'T BE TILL SEPTEMBER, POSSIBLY, UM, DEPENDING ON THEIR SCHEDULE WITH EVERYTHING GOING ON, UM, WITH COVID AND THEY'RE PREPARING FOR ELECTIONS AND VOTING, UM, ALL THE EXTRAS, UH, CITY COUNCIL MEETINGS THAT ARE GOING ON, THEY DON'T HAVE AVAILABILITY FOR CITY HALL AND WE NEED THAT ROOM, UM, OR ONE OF THE BOARDS AND COMMISSIONS ROOM.
SO SHE SAID IT WOULDN'T BE AVAILABLE AND HOPEFULLY IN SEPTEMBER, BUT SHE'S UNSURE RIGHT NOW, CHECK BACK WITH HER AND THEY DO THAT ONLINE.
REGARDLESS IT WAS GOING TO BE REMOTE, BUT THEY NEED THOSE ROOMS TO RECORD, RIGHT.
SO YEAH, SHE SAID SHE WASN'T SURE.
[E-4 Discussion and possible action regarding UNO Sign regulations – requesting presentation by City Staff (Jerry Rusthoven or Andy Linseisen)]
ON ITEM FOUR[01:45:01]
AND WHERE YOUR HANDS, IF WE WANT TO DISCUSS ANY OF THESE, WE'RE TRYING TO DO YES, MELISSA, I REALLY AM WANTING TO SAY THANK YOU TO ELAINE AND LANE FOR COMING, PUSHING FOR OUR TRAINING.I MEAN, WE WERE LOOKING AT THE EARLIEST DAYS, LITERALLY BEING WEDNESDAY, UM, HAVING TOPICS THAT ARE RELEVANT AND MOVING FORWARD.
SO I REALLY APPRECIATE THIS EFFORT.
WE WERE WELL SUPPORTED BY OUR, UM, LEGAL LIAISON.
UH, SO, UH
AND AGAIN, UH, I I'VE EXPANDED, UH, SOME OF WHAT WE WANTED TO DISCUSS ABOUT THAT IN TERMS OF THE INTENT OF THOSE REGULATIONS, UH, THE FACT THAT THEY'VE GOTTEN OVERLAYED INTO OTHER AREAS AND STUFF.
UM, AND I'VE BEEN ASKING, UH, MR.
AND I REMINDED HIM THAT THAT WAS ONLY A SMALL PIECE OF WHY I WANT TO BE HERE THIS, SO I BASICALLY I'LL PUT OUT TO THE WORLD THAT I'D LIKE HIM MAKE THE PRESENTATION TO US AT OUR NEXT MEETING, UM, ON, ON THE THINGS THAT I DEFINED IN THAT LETTER.
UM, SO WE'LL SEE IF THAT HAPPENS OR NOT.
WE DIDN'T HAVE SUBPOENA POWER.
UM, I'M HOPING WE'RE GOING TO HAVE TO USE THAT.
UH, SO, UH, ITEM, UH, UH, THIS IS, UM, UH, BASICALLY BEEN TABLED,
[E-5 Discussion and possible action regarding on the draft LDC; BOA LDC Workgroup Report (Workgroup Members: Leighton-Burwell, Hawthorne, Cohen, Hodge and Smith)]
UH, UNTIL WE ARE OUT OF COBIT AND SEE, UH, WHERE WE ARE GOING WITH THE NEW LAND DEVELOPMENT THOUGH.SO UNLESS ANYBODY ELSE HAS ANYTHING TO SAY, WE CAN MOVE ON.
[E-6 Discussion and possible action regarding on the FY 2020-21 Budget Calendar -postponed workshop/training for BOA, New Workgroup (Cohen, Smith and Von Ohlen) to look at access to BOA for lower income applicants and possible funding to help those without resources to pay current fees.]
AESICS UH, AND THIS, UH, WAS DISCUSSING OUR BUDGET CALENDAR LAST TIME, AND WE, UH, PUT TOGETHER A NEW WORK GROUP, UM, AS OF LAST TIME WITH, UH, JESSICAUM, SO, UM, AND THEY HAD SENT OUT TO THE BOARD, UH, EARLIER TODAY, UM, A RESOLUTION, I DON'T KNOW IF ANYBODY'S HAD A CHANCE TO FULLY DIGEST IT YET.
UH, BUT I'LL DEFER TO ONE OF THEM RIGHT NOW, IN TERMS OF ANYTHING THAT YOU GUYS WANT TO SAY ABOUT THAT WORK GROUP.
I WOULD DEFER TO A COMMISSIONER ONLY BECAUSE I BROUGHT THIS UP SEVERAL TIMES AT THIS POINT OVER THE LAST COUPLE OF MONTHS, UH, LEE AND I HAVE EMAILED EXTENSIVELY, UM, ON THE ABILITY OF SUCH A FUN, UM, BUT IT WAS REALLY A COMMISSIONER THAT BROUGHT THE WEIGHT OF THAT, AND IT TURNED OUT THAT PART OF THAT VISION.
UM, SO I'LL, I'LL DEFER TO THE BEST, ONE OF THE OTHER FOLKS ON, CAN YOU, UH, ENCAPSULATE WHAT THE, UH, WHAT, WHAT IT WAS THAT YOU WERE TRYING TO DO WITH THIS? CAUSE MY UNDERSTANDING, WE WERE USING SOME METRICS THAT ARE ALREADY IN PLACE TO BE ABLE TO SAY, WE DON'T HAVE TO VET THIS AGAIN.
IF SOMEBODY MET THIS CRITERIA THAT THEY WOULD POTENTIALLY QUALIFY.
SO, UH, MY INITIAL CONCERN WAS, IS THE CURRENT WAIVER PROCESS IS IT'S REALLY KIND OF COMPLICATED IN, IN MY OPINION, NOT VERY EQUITABLE FOR THOSE OF LOWER SILKIES SOCIOECONOMICALLY CHALLENGED TYPE CLASS.
UH, YOU HAVE TO GET EACH PERCENT OF THE NEIGHBORS TO SIGN OFF ON A WAIVER SAYING, OKAY, YOU DON'T TO PAY THE FEE, BUT IF YOU CAN AFFORD TO PAY THE FEE, YOU DON'T HAVE TO TAKE THAT EXTRA STEP.
UM, HAVING BEEN POOR TIME IS MONEY, AND I FELT THERE HAD TO BE A DIFFERENT WAY TO
[01:50:01]
BE PEOPLE, TO QUALIFY A PERSON, UH, AND VERIFY WHETHER THEY WERE ELIGIBLE FOR AN ACTUAL WAIVER.MY, MY PROPOSAL IS, UH, IS THAT WE, UH, USE THE AUSTIN ENERGY CAP PROGRAM, ELIGIBILITY VERIFICATION PROGRAM.
SO WE WOULD FOLLOW THE SAME SORT OF CRITERIA IF YOU, UH, IF YOU'RE RECEIVING FOOD STAMPS OR IF YOU'RE ON SNAP, TNF, DISABILITY, UH, UNEMPLOYMENT BELOW A CERTAIN INCOME, UH, BASED ON THE ACTUAL FPL, BUT THE FEDERAL POVERTY LEVEL, AS OPPOSED TO JUST LEAVERS, WHICH CAN YOU TAKE AN ADVANTAGE OF IF YOU'VE GOT ENOUGH SIGNATURES, THIS WOULD ACTUALLY HELP PEOPLE WITH A SHORT AMOUNT OF, WITHIN A SHORT AMOUNT OF TIME, BE ABLE TO APPLY FOR A VARIANCE WITH THE BOARD AND NOT HAVE TO GO THROUGH HOURS AND HOURS OF TRYING TO FIND SIGNATURES.
SO IT'S, IT'S STILL IN OUR FIRST DRAFT, UM, WHERE, HOW ARE WE GONNA NEED TO TALK TO LEGAL LIKE LEE? I'M DEFINITELY GOING TO NEED TO SEE IF THIS IS SOMETHING WE CAN DO.
UM, WE HAVE TO TALK TO, UH, ELAINE'S DIRECTOR, WHO IS THE ONLY PERSON WHO CAN MAKE THESE TYPE OF DECISIONS WHERE, UH, THE DIRECTOR AND, UH, ELAINE'S DIRECTOR CAN GET TOGETHER AND DECIDE WHETHER THIS IS SOMETHING THAT'S FEASIBLE.
THE WHOLE POINT IS TO KEEP THE AMOUNT OF WORK ON CITY STAFF, LIKE AS LOW AS POSSIBLE, CAUSE THEY ALREADY HAVE THEIR HANDS FULL.
UH, SORRY, GO AHEAD, YASMIN, FINISH YOUR THOUGHT, BUT I WANT TO SLIP BACK AROUND.
SO NOT ONLY DO WE WORK ON SKI STUFF, STUFF, YOU FOUND THE NASTIEST WHERE AT LEAST IN MY OPINION, THE EASIEST WAY TO FUND THIS ASSISTANCE PROGRAM WOULD BE BY SIMPLY RAISING THE AMOUNT OF ALL THE COMMERCIAL FEES BY $99.
SO THAT'S PARKING SIGNS, VARIANTS, SPECIAL EXCEPTION.
IF IT'S COMMERCIALLY RAISED AT $99, IT GOES INTO A FUND THAT JUST SORT OF POOLS THE CREWS TILL THE END OF THE YEAR.
AND THEN IF THERE'S ANY LEFTOVERS ACTION, UH, GO TOWARDS LIKE A BEAUTIFICATION PROJECT OR MAKING INTO THE COFFERS, UH, WE WOULD JUST KEEP A THOUSAND DOLLARS WORTH TO CARRY OVER INTO THE NEXT YEAR.
AND THAT WOULD BE IN CASE THERE WAS AN APPLICANT IN JANUARY OR THE FIRST PART OF THE NEW YEAR WHO NEEDED ACCESS TO THE FUND.
IT'S IT'S I THINK IT'S A VIABLE SOLUTION.
UM, I, I HAVE, I MADE IT SOMEWHAT CLEAR.
THAT'S WHAT I WAS LOOKING FOR.
SO IT SOUNDS LIKE, UM, THAT THIS IS, UH, THIS IS JUST THE DRAFT FIRST DRAFT PROPOSAL FOR US NOW.
AND THAT'S SO THAT'S WHERE THIS TIMELINE CONVERSATION THAT WE'RE GOING TO ADD, BECAUSE THIS IS SUPPOSED TO BE ABLE TO INFORM COUNCIL MEMBERS IN ORDER TO MAKE ADJUSTMENTS IN THE BUDGET.
AND THAT CONVERSATION IS HAPPENING RIGHT NOW.
WHEN I SAY RIGHT NOW, THEY HAVEN'T TOLD THEIR AMENDMENTS.
SO WE REALLY DON'T HAVE THE FLEXIBILITY THAT WE'RE ARTICULATING HERE AT, BY MY APP UP WHERE YOU STATEMENT FROM LEGAL ELITE SAYING IT'S A VIABLE OPTION AND THEN GIVING IT OVER TO COUNSEL SO THAT THEY AT LEAST HAVE IT IN THEIR HANDS BEFORE LET US, AND THEN I WOULD GO A STEP FURTHER AND ASK BEFORE IN SUPPORT OF THIS MEASURE, THAT AFTER IT IS SENT TO COUNCIL, YOU CALL YOUR COUNCIL MEMBER TONIGHT, TEXT THEM EMAIL, DO WHATEVER THE FUNCTIONALITY IS THAT WHAT YOU BUY, WHICH WITH THEM TO, IN ORDER TO TRY TO GET THE AMENDMENT ACTUALLY ON THE FLOOR BY THE DEADLINE.
DOES THAT MAKE SENSE? YEAH, IT'S SUPPOSED TO BE SO FUNDING.
THAT'S WHERE, THAT'S WHERE I WAS GOING TO GO.
MR. CHAIR, I FEEL LIKE WE DO NEED TO, TO GET IT TO THEM AS SOON AS POSSIBLE, AT LEAST TO GET A CERTAIN AMOUNT OF BUY-IN, BUT IT IS A SELF-FUNDING PROGRAM.
SO IT'S REALLY NOT GOING TO HAVE AN IMPACT ON THE BUDGET, HOPEFULLY AT ALL, AS A MATTER OF FACT, IT MAY HELP, BUT IF WE DO HAVE TO HAVE, WHEN IT COMES TO THE POSTING AND STUFF LIKE THAT, AND WHAT WE'RE TRYING TO DO IS WE'RE TRYING TO, ELAINE, WE'RE TRYING TO KEEP FROM YOU GUYS GETTING CLOSED AND HAVING TO DO ADDITIONAL LEG WORK.
UH, AND WE'RE TRYING TO UTILIZE RESOURCES THAT ARE ALREADY IN PLACE.
AND I ALSO WANT TO SAY, I GIVE A, THEIR CREDIT OF, OF THE CONCEPT AND THE IDEA, AND ACTUALLY THE LABOR AND THE RESEARCH THAT ALL GOES TO JESSICA.
UH, YOU KNOW, I MEAN, JESSICA HAS BEEN REALLY OUT THERE GOING FOR IT.
I WANT TO GIVE HER ALL OF THE CREDIT THAT, YOU KNOW, I, I TOOK THE OLD RESOLUTION THAT I GOT CORRECTED ON MY PUNCTUATION FOR AND SEND IT OVER TO HER AND THEN WE SORT OF WORDSMITH IT, BUT THE LEGWORK SHE'S BEEN DOING, SO THIS IS ACTUALLY SUPPOSED TO BE SELF FUNDED AND IT SHOULD
[01:55:01]
BE, UH, SOMETHING THAT COUNCIL OUGHT TO BE ABLE TO ROLL WITH.PRETTY EASY TO GET A, GET AN APPROVAL ON MELISSA, YOU HAD YOUR HAND UP.
AND I WANT TO SAY IT'S A REALLY GOOD JOB.
THE FIRST ISSUE IS, IS I DON'T THINK YOU CAN SET UP A FUND.
I THINK THAT THERE'S A STATE LAW THAT SAYS IT'S COST OF SERVICE.
AND I DON'T, I DON'T KNOW THAT THAT MECHANISM COULD BE DONE OR OURS TO CREATE.
AND IF IT IS, IT MIGHT COME FROM SOMEWHERE ELSE, NOT, NOT A FEE BECAUSE IF HE IS A DIRECT COST OF SERVICE, I THINK THAT THERE ARE, THERE IS GOOD IN THE COMMUNITY AND THIS IS A THING THAT CITIES DO.
AND, AND WHILE IT HAS SOME LEGS, I DON'T KNOW THAT IT CAN BE DONE AND I WOULDN'T HOLD UP THE WHOLE IDEA OVER THE MECHANISM, LIKE THE HEART, AND THIS IS GREAT.
AND I JUST WOULDN'T LET SOMEBODY ELSE FIGURE THAT OUT.
UM, AND IN PARAGRAPH FIVE OF THE DOCUMENT, COULD WE SAY THAT IN A LITTLE BIT DIFFERENT WAY? UM, WE HAVE A LARGE NUMBER OF CASES THAT REALLY SHOW THE INEQUITY THAT THE FEE, YOU KNOW, SOMEHOW THAT THE FEE RISING WITHOUT, WITHOUT SAYING IT, YOU KNOW, A REAL ESTATE DEVELOPER OR A, YOU KNOW, A COMMERCIAL, CAN WE PULL, ADJUST A LITTLE GENTLER ON THAT? WELL, THAT'S WHY FOLKS, EVERYBODY, EVERYBODY, PLEASE, THIS IS A DRAFT AND RETAKING IT AS FAR AS WE COULD.
AND SO WHAT WE'RE ASKING MELISSA, HOLD ON ONE SECOND, BECAUSE I KNOW WE CAN DO THAT, BUT WE'VE GOT TO NOW TURNING TO EVERYBODY ELSE BECAUSE WE'VE GOT 11 OTHER GREAT MINDS ON HERE.
I MEAN, YOU KNOW, ALL THESE OTHER MINDS ON, ON HERE THAT PEOPLE HAVE, IDEAS CAN THINK OUT OF THE BOX, JESSICA'S DONE A GREAT JOB THINKING OUT OF THE BOX.
I WOULDN'T HAVE THOUGHT OF THAT.
UH, YOU KNOW, PERSONALLY MYSELF, BUT, UM, UH, YOU KNOW, YASMINE BROUGHT IT TO THE TABLE.
I'VE BEEN UP HERE FOR 14 YEARS AND WE NEVER THOUGHT ABOUT WHAT WE CAN DO, SOMETHING LIKE THIS TO HELP, YOU KNOW, PEOPLE WHO CAN'T REALLY AFFORD TO COME HERE.
SO WE'VE GOT ALL THESE OTHER GREAT MINDS.
YOU WRITE SOMETHING DOWN, SEND IT TO A LANE LIKE YOU, WE CAN CLEAN IT UP AND WE CAN WORDSMITH IT.
UH, I JUST THOUGHT OF A REGRET THAT VERONICA'S NOT HERE.
SO SHE COULDN'T CORRECT ALL OF MY, MY PUNCTUATION AND MISS SPELLINGS, BUT HEY, SHE'LL, I'M SURE WE'LL HEAR FROM HER.
WHAT YOU LIKE TO CONTINUE? I THINK YOU WERE GOING ON EDITS AND I WAS JUST SUGGESTING EDITS.
UM, CAN I GET CLARIFICATION ON THE TIMELINE SPECIFICALLY IN REGARDS TO, IF IT'S A SELF FUNDED MECHANISM, DO WE HAVE TO GO THROUGH THIS BUDGET TORNADO HAPPENING? I WOULD HAVE TO REACH OUT TO HER FIRST THING TOMORROW MORNING.
SEE, AND SO THAT MAKES ME A TEAM THAT MAKES ME A LITTLE NERVOUS IF WE DON'T HAVE THAT PART CRYSTAL CLEAR ON IF WE WOULD HAVE TO DO THE TANGO OF BUDGET SEASON WITHOUT IT BEING IN OUR COUNCIL MEMBERS.
MY UNDERSTANDING IS THE FUND MIGHT BE POSSIBLE.
I WAS NOT AWARE OF THAT, BUT HOWEVER, UM, CERTAINLY WITHIN YOUR BUDGET, YOU CAN, UM, YOU CAN SET ASIDE RESOURCES FOR UNDERSERVED AND, UM, LOW INCOME APPLICANTS.
UH, BUT THAT DOES HAVE TO BE, UM, SPECIFICALLY REFERENCED IN THE BUDGETS AND AS AN AMENDMENT, UH, IT'S A LITTLE BIT TRICKY NOW THAT WE'RE PAST THE DEADLINE FOR FILING THOSE, UH, REQUESTS, UH, WITHOUT HAVING TO BRING FORTH AN AMENDMENT.
SO I THINK IF I COULD JUST TALK WITH LILA FIRESIDE TOMORROW MORNING, UM, I'D BE HAPPY TO, TO FOLLOW UP WITH EMAIL.
IS THAT KIND OF GOING OVER THE TIMELINE CONSIDERING THE POST? PARDON? IS THAT, WOULD THAT STILL EFFECTUATE OUR GOALS
[02:00:01]
CONSIDERING THEY HAVE TO POST THEIR VISITS TODAY? IT MIGHT, I'M NOT THE BUDGET ATTORNEY TO CONSULT WITH.I WOULD SUGGEST THAT WHILE WE WORK ON VERSION TWO AND VERSION THREE, IF IT BE THAT WE'D BE HAPPY TO GO THROUGH THE BUDGET PROCESS THAT WE AT LEAST TODAY, UM, PUT TOGETHER SOME VERY GENERAL WRITER, SUGGESTION LANGUAGE IN ORDER TO ADD A COUNCIL MEMBER, DIRECT STAFF, TO AT LEAST LOOK INTO THE ISSUE OF GRADING A MECHANISM BY WHICH LOWER ECONOMIC, UM, INDIVIDUALS HAVE ACCESS TO FUNDS PRIMARILY TO GET IN FRONT OF THE BOARD OF ADJUSTMENTS.
JUST SO THAT WE KIND OF, IF WE DO HAVE TO DO THE BUDGET TANGO, WE AT LEAST HAVE WE AT LEAST OPENED THE DOOR AND PUT OUR FOOT IN THERE IN ORDER TO HAVE THAT CONVERSATION LATER, JUST IN CASE WE DO HAVE TO GO THROUGH THE BUDGET TIMELINE.
DOES THAT MAKE SENSE? IT DOES.
THAT'S RIGHT, MELISSA, I CUT YOU OFF.
I WAS JUST GOING TO SAY, JUST BECAUSE IT'S A COST OF SERVICE, I'M NOT SURE THAT IT CAN BE SOLVED IN THIS WAY THOUGH.
THIS IS A GREAT LAYOUT AND IT HAS A GREAT FEELING AND GREAT INTENT AND A LOT OF HARD, THE ONLY PART THAT I WAS, IF WE COULD TRY TO DO THE, THE COMMERCIAL DEVELOPMENT AND LARGE HOME REAL ESTATE, BUT JUST KIND OF A LITTLE SOFTER ON THAT.
UM, CAUSE WE HAVE HAD PEOPLE LIKE THE 70 YEAR OLD MAN WHO HAD CHOICE, HE HAD TO COME HERE.
I MEAN, WE HAVE HAD LOT CONFIGURATIONS WHERE THEY, THEY HAVE NO CHOICE, BUT IF YOU LOOK AT IT TOO, UM, OUR OR OUR BOARD CASES HAVE GONE DOWN FROM AN AVERAGE OF ABOUT 20 A MONTH.
WE HAVE FOUR CASES THIS MONTH FOR, I MEAN, AND I HAVE BEEN ON THE BOARD LONG ENOUGH THAT I'VE BEEN HERE WHEN WE'VE HAD 32 CASES IN AN EVENING.
SO FOUR IS PRETTY, PRETTY TELLS YOU A LITTLE BIT ABOUT WHERE WE ARE IN THE WORLD.
SO I LIKE THE WHOLE LAYING OUT OF THE, THE MEDICAL PROGRAM, SNAPCHAT, ALL OF THAT, THAT IT, THAT, THAT MAKES IT SO EASY.
AND I THINK THAT THE HOMESTEAD EXEMPTION THAT, THAT, THAT WAS THE FIRST ATTEMPT AT TRYING TO GET SOME, SOME TRYING TO LEVEL THE FIELD.
BUT I THINK THIS IS REALLY JUST GOING DOWN AND I DON'T, WHILE IT IS A GREAT SUGGESTION ON HOW I'M NOT SURE THAT IT, THAT IT CAN HAPPEN LIKE THAT.
AND SO I DIDN'T WANT TO HOLD UP THE IDEA FOR THAT, FOR THE HOW TO DO IT, THEIR COUNSEL, THEY CAN DO IT.
I SPECIFICALLY DID HAVE SOME QUESTIONS OVER A LITTLE LEGALITY OF IT.
IT'S NOT REALLY VERY CLEAR BECAUSE ULTIMATELY I THINK THIS WOULD END UP MEANING AND AMENDMENT TO THE LAND DEVELOPMENT CODE, UH, UNDER A PART OF OUR RULES.
LEAVE, CAN YOU THINK OF ANYTHING OFF THE TOP OF YOUR HEAD SPECIFICALLY STATEWIDE OR, OR MAYBE CITY ORDINANCE THAT MIGHT PROHIBIT US FROM IMPLEMENTING PROFORMA RESEARCH LED ME TO, TO, TO THE UNDERSTANDING THAT THERE'S NOTHING SPECIFIC THAT IS PROHIBITING US FROM DOING THIS, UM, I FUND AS POSSIBLE.
UM, AGAIN, I WOULD HAVE TO LOOK AT STATE LAW PROHIBITIONS AGAINST THAT.
UM, BUT IN THE MEANTIME THAT THE MOST SPECIFIC DIRECTION I GOT FROM STAFF WAS THAT WITHIN THE BOS BUDGET NOW, UM, IN, IN LIEU OF LOWERING FEES FOR LOW INCOME APPLICANTS, UM, CERTAINLY YOU CAN, UM, PROVIDE RESOURCES FOR THEM TO, TO MAKE, UH, THE APPLICATION PROCESS EASIER AND MORE STREAMLINED.
OKAY, BROOKE, I SAW YOUR HAND UP AND THEN MICHAEL.
SO LET'S JUST GET CLARIFICATION ON WHAT WE'RE DOING TONIGHT, WHAT WE'RE DOING TONIGHT, AS YOU WANT US TO LOOK AT THIS AS DIRECTION AND VOTE ON THIS RESOLUTION, AS FAR AS LET'S CONTINUE THIS, IT SOUNDS LIKE THERE'S MORE LEGAL QUESTIONS AND THERE'S MORE, BUT DO WE NEED TO VOTE ON THIS, THAT WE LIKED THE DIRECTION? OR DO YOU WANT TO GO AHEAD AND GET THE INFORMATION AND THEN COME BACK.
EVEN I KNOW YASMIN HAS, UM, ISSUES WITH THE TIMELINE.
SO, SO ALL WE'RE DOING TONIGHT IS SAYING, THIS LOOKS LIKE YOU'RE HEADED IN THE RIGHT DIRECTION.
WE LIKE YOUR WAY OF THINKING, GO WITH IT TO THE NEXT STEP.
IS THAT WHAT WE'RE DOING TONIGHT? THAT'S
[02:05:01]
SO THAT'S SORT OF WHAT WE'RE DOING.WE DON'T WANT TO VOTE ON A MOTION BECAUSE THIS IS THE FIRST DRAFT AND NOW THERE'S ANOTHER THING THAT'S COME INTO PLAY.
WHEREAS, UH, LEE HAS JUST INFORMED US THAT WE HAVE ROOM IN OUR BUDGET TO BE ABLE TO SET SOME FUNDING ASIDE FOR, YOU KNOW, TO HELP, UH, DISADVANTAGE, UH, TAXPAYERS OR CITIZENS WITHIN THE CITY.
AND SO NOW WE HAVE TWO THINGS THAT WE NEED TO LOOK AT.
I THINK THAT IF WE'RE GOING TO LOOK AT SETTING SOMETHING ASIDE FOR OUR BUDGET, THEN OUR BUDGET, IF I'M NOT MISTAKEN, CORRECT ME IF I'M WRONG, MR. CHAIR HAS ALREADY BEEN SUBMITTED TO COUNCIL.
SO WE WOULD HAVE, AND LEE, YOU CORRECT ME.
WE WOULD HAVE TO GET A SIMPLE NOD.
W WE WOULD HAVE TO WORK WITHIN THAT SET OF PARAMETERS WITHIN THAT BUDGET AMOUNT.
THE OTHER OPTION IS IF WE CAN DO ITSELF FUNDING, THEN DO WE WANT TO CONTINUE MOVING IN THAT DIRECTION ALSO BECAUSE THE BUDGET THAT WE HAVE IS A TIGHT BUDGET NOW.
AND, UH, YOU KNOW, AS WE GO FORWARD, YOU KNOW, THINGS START PICKING UP, BUT WE HAVE MORE POSTINGS.
SO DO WE WANT TO CONTINUE TO MOVE THIS FORWARD AND BE ABLE TO HAVE A, HAVE A PROGRAM LIKE THIS? I'M PRETTY SURE, UH, CITY COUNCIL AND MY, MY, UH, MY COUNCIL MEMBER HAPPENS TO CHAIR THE AUDIT FINANCE COMMITTEE.
SO I'M, I'M PRETTY SURE HAVING SPOKEN TO THEM IN THE PAST, HER IN THE PAST THAT THEY WOULD SUPPORT SOMETHING THAT IF WE WERE ABLE TO FUND IT, IT IS NOT GOING TO IMPACT THE BUDGET.
THAT'S ONLY THAT ONLY THAT'S COMMON SENSE.
THAT'S THE ONLY GOOD, GOOD, GOOD, UH, I GUESS POLITICS OR WHATEVER YOU WANT TO SAY.
BUT, UH, I THINK NOW WE HAVE, WE JUST OPENED UP ANOTHER DOOR.
WE OPENED UP THE OPPORTUNITY TO, TO DISCUSS WITH LEE, HOW MUCH DO WE HAVE IN OUR BUDGET? HOW MUCH CAN WE SET ASIDE? AND THE, IF THERE'S A LEGAL ISSUE ABOUT US, ROLLING IT OVER AND GIVING IT, UH, UH, YOU KNOW, OUR SELF FUNDED PROGRAM BEING ROLLED OVER AND GIVING IT TO BEAUTIFICATION MORE THAN WOULD JUST KEEP IT WITHIN THE BUDGET.
AND LIKE MELISSA SAID, WE'LL USE IT TOWARDS, YOU KNOW, FUNDING OUR, OUR FINANCES HERE.
SO I DON'T, I DIDN'T EXPECT US TO VOTE ON IT TODAY AT ALL.
AND MY THING ABOUT THE BUDGET THOUGH, THAT I WORRY ABOUT IS THAT WHERE WE GET OUR STAFF RESOURCES.
AND IF WE PICK UP, I DON'T WANT ELAINE TO GET SHORT STAFFED BECAUSE WE USE THAT.
WE DIDN'T DO OTHER OPTIONS FOR THIS BECAUSE OUR STAFF IS WAY TOO IMPORTANT TO US, YOU KNOW, AND THEY NEED TO BE TAKEN CARE OF.
AND I KNOW THIS IS ALSO VERY IMPORTANT TO US THAT IF WE CAN FIND ANOTHER WAY TO FUND IT, I THINK THAT WOULD BE A BETTER PATH BECAUSE IF WE DO GET MSI AGAIN AND ELENA IS TO GET MORE RESOURCES AND WE'VE TAKEN IT OUT OF THE CURRENT BUDGET, I THINK THAT COULD BECOME AN ISSUE TOO, WITH THE SELF-FUNDED ONE WITH JESSICA'S PROGRAM.
AND WE JUST HAVE TO TAKE A LOOK AT THE LEGALITIES OF THAT WITH LEE.
JESSICA, YOU HAD YOUR HAND BACK UP.
YEAH, I THINK FOR IT WAS BEFORE ME.
I, I REALLY APPRECIATE THE WORK THAT TOOK GOING INTO ALL OF THIS.
I KIND OF HAVE A DIFFERENT PERSPECTIVE ON THINGS.
UM, I DON'T THINK THAT IT'S REALLY APPROPRIATE AS FAR AS TO SAY, WE'RE GOING TO FUND SOMEBODY ELSE'S APPLICATION BY CHARGING BIG, BAD DEVELOPERS, MORE MONEY ON THEIR APPLICATIONS.
UM, I THINK THAT UNDER THIS, UNDER THE LAW UNDER, I THINK IT'S TWO 11 OF THE LOCAL GOVERNMENT CODE AND, AND LEE CAN CORRECT ME IF I'M WRONG.
I THINK THAT WE CAN ADOPT RULES AS A BOARD THAT ARE, UM, UH, THAT ARE WITH THE CONSENT OF, OF CITY COUNCIL.
AND I THINK A SIMPLE ONE TO JUST BE, WE ARE ABLE TO WAIVE THE APPLICATION FEES FOR SOMEBODY WHO MEETS THOSE CRITERIA THAT JESSICA HAS, HAS PUT FORWARD SHOULD BE SUFFICIENT.
AND AS LONG AS THE CITY COUNCIL APPROVES OR CONSENTS TO THAT TYPE OF RULE, WE COULD ADOPT IT AND, AND LET THEM WORRY ABOUT THE BUDGETING AND, AND ALL OF THAT SORT OF STUFF.
I MEAN, I JUST DON'T SEE ANY REASON TO BE SHIFTING ALL OF THIS BACK AND FORTH WHEN REALLY WHAT WE'RE TRYING TO DO IS IF YOU'RE IN A FINANCIAL SITUATION WHERE YOU CAN'T AFFORD IT, YOU SHOULDN'T HAVE TO PAY IT.
AND TO ME, IT'S AN EASIER AND CLEANER WAY TO DO THAT WOULD DO.
IT WOULD BE TO ADOPT A RULE THAT ALLOWS FOR WAIVER OF THOSE.
AND ONE OF THE OTHER THINGS THAT WE HAVE TO
[02:10:01]
LOOK AT IS DO, DO THE APPLICATIONS ARE THOUGH, ARE THEY, ARE THEY, UH, ARE THEY CONSIDERED VALID APPLICATIONS AND FORWARDED TO US IF SOMEBODY HAS NOT PAID THAT FEE? AND IF THERE ISN'T ANY SORT OF ORDINANCE OR RULE THAT SAYS IT'S NOT COMPLETE UNTIL IT'S BEEN PAID, THE APPLICATION FEE HAS BEEN PAID, THEN STAFF NEEDS TO JUST FORWARD THOSE TO US, REGARDLESS WHETHER THE FEE HAS BEEN PAID OR NOT.UH, UNLESS CITY COUNCIL HAS ADOPTED SOMETHING THAT SAYS, YOU KNOW, UH, IT'S NOT COMPLETE AND IT CAN'T BE FORWARDED TO THE BOARD OF ADJUSTMENT UNTIL THAT FEE IS PAID.
SO I SAW YOUR HERE, SO I JUST WANT TO RESPOND TO DARYL AND I DON'T KNOW IF WE CAN HELP ANSWER THIS QUESTION, BUT AS LONG AS I CAME ABOARD, WE CANNOT FORWARD ANY APPLICATIONS TO THE AGENDA TO BE PUT ON FOR THE MEETING, IF IT HAS NOT BEEN PAID FOR.
SO THERE'S A WAIVER FEE, RIGHT.
A WAIVER FEE RIGHT NOW THAT THEY CAN DO WHERE THEY HAVE TO GET 80% OF THE SIGNATURES WITHIN A 300 FOOT RADIUS OF THEIR PROPERTY.
AND IF THEY CAN PROVIDE THOSE SIGNATURES, THEIR FEET CAN GET WEIGHED, BUT IT HAS TO BE THE CURRENT HOMEOWNERS OF THOSE PROPERTIES THAT HAVE TO SIGN IT.
IT CAN'T BE A TENANT OR A RENTER HAS TO BE THE ACTUAL HOMEOWNER.
UM, AND IF THEY CAN PROVIDE THAT INFORMATION, THEN THEIR FEE WILL BE WAIVED.
BUT AGAIN, THEY HAVE TO MEET THE DEADLINE, YOU KNOW, BEFORE THE, THE APPLICATION DEADLINE.
AND THAT ALL HAS TO BE MET BECAUSE WE ARE ON A TIME CRUNCH WITH ALL THE OTHER DEPARTMENTS THAT ARE INVOLVED.
UM, AND SO, UH, YOU ASKED ME, DID YOU STILL WANT TO, UH, YEAH, SO JUST HYPER FOCUSING ON THE SELF FUNDING MECHANISM THAT, THAT VERSION OF REALITY, LEE, CAN YOU JUST GIVE ME CLEARANCE OR CLARIFICATION AROUND WHAT TIMELINE THAT WOULD HAVE IF THEY LIKE IT IS GOING TO BE SELF-FUNDED? DOES IT HAVE TO BE PART OF THE BUDGET PROCESS THIS YEAR? NO, I DON'T.
AND SO MY, MY, MY STATEMENT STILL STANDS.
WE'RE GOING TO GET THAT INFORMATION TOMORROW AFTER THEIR EIGHT, AFTER THE LAST TIME THEY'RE ABLE TO POST THEM IN BED.
THEN I DO THINK THAT IT WOULD BE WORTH OUR SALT IN ORDER TO NOT FORECLOSE ANY POSSIBILITY OF MAKING THIS HAPPEN.
I THINK IT WOULD BE APPROPRIATE FOR US NOT TO VOTE ON THE ENTIRE RESOLUTION, BUT ON A SIMPLE, VERY BROAD WRITER THAT WOULD GO WITH THE BUDGET TO DIRECT STAFF, TO COMBAT COUNSEL, DIRECTING STAFF, TO COME BACK WITH OPTIONS AROUND THE APPLICABILITY AND ABILITY TO DO EXACTLY WHAT WE'RE ASKING FOR.
SO JUST A VERY BROAD STATEMENT OF, UM, A VARIANCE IN WAIVER, UM, REQUIREMENTS, UM, TO COME BEFORE THE BOARD AT A DISCOUNTED OR FREE RANGE, UH, WITH, UH, PAYING CLOSER TO TWO, TWO, THEN WE CAN DROP SOME OF JESSICA'S LANGUAGE IN THERE, PAYING CLOSE ATTENTION TO THE, THIS TYPE OF FUNCTIONALITY AND BRINGING BACK TO ME IF THIS IS APPLICABLE, IF THIS IS OKAY, AND IF NOT, WHAT OTHER AND MECHANISMS GOING BACK TO MELISSA'S POINT OF LETTING THEM FIGURE IT OUT, GIVE ME OTHER VARIANT, UH, ALTER THE ALTERNATIVES TO THIS REALITY WE BUILT, IF IT DOESN'T ACTUALLY, IF THERE IS SOME PICKUP, JUST SO AGAIN, IF WE HAVE TO DO THE BUDGET TANGO WITH THIS, JUST IN CASE WE HAVE TO DO THE BUDGET TANGO WITH THIS, WE HAVE PUT OUR FOOT IN THE DOOR TO BE ABLE TO DO THAT TANK UP.
DOES THAT MAKE SENSE? IT DOES.
AND WE COULD DO, COULD WE DO THAT ON THE FLOOR? LIKE, COULD WE JUST SPOUT SOMETHING OUT AND THEN GET AGREEMENT? IS THAT, IS THAT A, IS THAT A THING WE CAN MAKE? WE CAN MAKE IT, WE CAN MAKE A GENERAL MOTION IN THAT.
UH, I HERE'S MY CONCERN, WELL, A COUPLE OF THINGS.
ONE IS I UNDERSTAND WHY WE WANT TO STRIKE WHILE THE IRON IS HOT, RIGHT? BECAUSE THE INEQUITIES IN OUR WORLD HAVE A SPOTLIGHT ON THEM RIGHT NOW, AND WE HAVE A BUDGET COMING UP.
AND SO, YOU KNOW, THE CALL TO ACTION IS NOW RIGHT, OR ACTUALLY YESTERDAY, BUT, BUT, BUT WE HAVE THE ABILITY TO DO SOMETHING RIGHT NOW THAT SAID, UM, I HAVEN'T HAD A CHANCE TO FULLY DIGEST THIS.
THERE SEEM TO BE SOME LEGAL IMPLICATIONS.
MICHAEL, WHO WAS ON THE WORK GROUP HAVE SAID, THIS IS REALLY JUST A DRAFT.
UM, AND, UH, I'M NOT SURE IF WE MISSED THE BUDGET
[02:15:01]
CYCLE THAT WE NECESSARILY HAVE CLOSED THE DOOR ON OUR ABILITY TO IMPACT THIS, BECAUSE IT MAY NOT REQUIRE ANYONE.UM, BUT YOU KNOW, MAYBE AGAIN, ADJUSTING OUR FEES OR WHATEVER.
UM, THAT'S A THAT'S, UH, IF THERE IS A MOTION TONIGHT, UH, TO MOVE SOMETHING FORWARD, I WOULD SUGGEST THAT YOU MAKE IT.
AND AGAIN, I'M NOT ASKING FOR A VOTE ON THE RESOLUTION LANGUAGE.
AGAIN, ALL I'M ASKING FOR, IT'S A BROAD STATEMENT, DIRECTING COUNSEL TO DIRECT STAFF DURING THIS BUDGET HEARING.
SO I'M NOT ASKING FOR, YOU KNOW, THE MEAT AND POTATOES.
IT'S LITERALLY JUST A BROAD STATEMENT TO COUNSEL SIGNALING COUNSEL.
THAT PART OF THEIR AMENDMENT PROCESS SHOULD INCLUDE THE LOOKING AT DIFFERENT ALTERNATIVES TO GET WAIVERS IN FRONT OF THE BOARD OF ADJUSTMENT.
YOU PUT THAT IN THE FORM OF PROMOTION.
SO I SAW, I GUESS I'LL START WITH THAT.
I SAW THAT WE SEND A RECOMMENDATION TO COUNCIL REGARDING A POTENTIAL WRITER TO BE APPROVED DURING THE BUDGET DISCUSSION THAT SPECIFICALLY ADDRESSES ALTERNATIVES TO WAIVERS TO COME BEFORE THE BOARD OF ADJUSTMENTS, WHETHER THAT IS SELF-FUNDED OR THROUGH ANY OTHER MECHANISM.
AND IF IT SHOULD NOT BE SELF FUNDED AND PROVIDING ALTERNATIVE MECHANISM SMITH, I APOLOGIZE.
CAN YOU, WHY WE'RE NOT SUPPOSED TO TAKE ACTION ON THAT PARTICULAR? UM, SO I, MY RECOMMENDATION WOULD BE TO DIRECT STAFF, UH, TO BASICALLY DO THE SAME THING.
I KNOW IT'S NOT A VOTE THAT THE, THAT THE BOARD OF ADJUSTMENT CAN TAKE TONIGHT, BUT BECAUSE WE'RE NOT POSTED TO TAKE THAT ACTION, I'M AFRAID THAT WE CAN'T ACTUALLY LEGALLY, UH, VOTE ON THAT, ON THAT MOTION.
SO DOES THAT COME UNDER FOUR POSSIBLE OPTIONS? THERE'S NEW WORK GROUP TO LOOK AT ACCESS TO VOA FOR LOWER INCOME APPLICANTS? IMPOSSIBLE.
IT DOES SAY THAT IN THE AGENDA.
SO I'M NOT SAYING THAT YOU'RE WRONG.
IT'S LOOKS LIKE WE MAY HAVE THE ABILITY.
I SEE I'M LOOKING AT THE I'M LOOKING, RIGHT.
THAT THE, THAT THE POSTING LANGUAGE HERE SEEMS TO BE BROAD ENOUGH WHERE, UM, YASMIN YOU CAN ACTUALLY DO THAT.
SO MY APOLOGIES, I JUST WANTED TO MAKE SURE THAT WE WEREN'T RUNNING A FOUL OF A POSTING CONVENTION.
SAY THAT AGAIN? YASMIN VERBATIM.
CAN I ACTUALLY HERE? CAUSE I SEE SOME HANDS AND SO IT WAS HAPPENING WHILE I WAS TALKING.
SO, UH, YOU KNOW, WE'RE GOING TO REDO THAT, BUT CAN I HEAR WHAT I HAVE TO SAY NOW THAT WE'VE DONE A TEST RIDE OF WHAT A MOVE FROM YASMIN WOULD BE? I'LL TELL YOU, IF YOU SAY BUDGET TANGO THREE MORE TIMES TO GO WITH VAN HALEN FROM LAST MONTH THAT I STILL CAN'T GET OVER.
UM, SO I JUST WANTED TO SAY LEE, I, I SENT YOU A, TO YOUR EMAIL, A LITTLE THING ABOUT FEES.
SO I'M JUST MORE CONCERNED ABOUT, ABOUT HEMMING IN A STRUCTURE.
AND I HAVE NO PROBLEM WITH YASMIN'S MOTION AND INTENT SOMEWHERE ABOUT THE INEQUITY OF FEES JUST NEEDS TO COME INTO THE LANGUAGE.
WHY I QUESTION WAS FOR LEE, BECAUSE WE MAY HAVE AN EASIER AND MORE DIRECT WAY OF DOING THIS AND LEE, THIS IS WHAT I WOULD LIKE FOR YOU TO LOOK AT IS TEXAS GOVERNMENT LOCAL GOVERNMENT CODE TWO 11.008.
UM, E AS IN EDWARD SAYS, THE BOARD MAJORITY VOTE SHALL ADOPT RULES IN ACCORDANCE WITH ANY ORDINANCE ADOPTED AND WITH THE APPROVAL OF THE GOVERNING BODY.
ON MY QUESTION IS IF WE ADOPT A RULE THAT SAYS, IF YOU FALL WITHIN THESE PARAMETERS AND YOU CAN PROVE THAT TO US, YOUR FEE IS WAIVED OR IT'S REDUCED OR WHATEVER, DO WE HAVE TO GET PREAPPROVAL OF COUNSEL FOR THAT RULE? OR CAN COUNCIL SHOW THEIR CONSENT BY NOT TAKING ACTION TO OVERTURN THAT RULE? MY UNDERSTANDING, AND THIS
[02:20:01]
IS A RECENT CHANGE, UH, AS OF LAST SESSION, IS THAT THE COUNCIL WOULD HAVE TO AFFIRMATIVELY APPROVE THAT ACTION BY THE BOA BOARD.AND SO IT SEEMS TO ME THAT THAT'S WHAT WE SHOULD DO IS WE SHOULD MAKE, WE SHOULD SAY THE MOTION SHOULD BE MOVED TO ADOPT A RULE THAT SAYS X.
AND WE FORMALLY ASKED CITY COUNCIL TO APPROVE THAT RULE AND LET THEM WORRY ABOUT BUDGETING AND, AND, AND HOW THEY'RE GOING TO PAY FOR IT.
AND, AND ALL OF THAT, IF IT'S ACTUALLY RESOLUTION APPROVED BY THE BOARD OF ADJUSTMENT, IT WOULD GO TO COUNCIL AND, AND, AND, UH, IN THE FORM OF A REQUEST FOR COUNCIL ACTION.
AND, UH, AND I WOULD WORK ON THE DRAFT, UH, RESOLUTION.
IT WOULD PROBABLY BE IN THE FORM OF RESOLUTION THAT WOULD GO BEFORE COUNCIL.
SO EXACTLY THE SAME AS WHAT WOULD GO BEFORE THE BOA.
IT STILL HAS TO GO TO THE AUDIT AND FINANCE COMMITTEE BECAUSE THE ONLY PEOPLE THAT CAN WAIVE FEES ARE COUNCIL.
NO, WHAT I'M SAYING IS THAT I THINK THE BOARD OF ADJUSTMENT CAN ADOPT A RULE, WAIVING THOSE FEES, AS LONG AS UNDER SECTION CHAPTER TWO 11 CITY COUNCIL APPROVES THAT RULE.
NO, AFTER OUR LAST LITTLE TANGO ON, ON OUR, UM, ON OUR RULES, OUR RULES HAVE TO BE APPROVED BY AUDIT AND FINANCE AND SUCH, AND WE'VE GOTTEN IN TROUBLE BEFORE.
UM, SO I THINK WE MIGHT WATCH OUR TONE CAUSE WE HAVE GOTTEN IN TROUBLE BEFORE.
ALL I'M SAYING IS I THINK THAT THIS IS, I JUST A MORE DIRECT WAY INSTEAD OF SAYING, OH, PLEASE, WE'VE ADOPTED THIS RESOLUTION AND WOULD YOU GUYS PLEASE LOOK AT IT? NO, NO, NO, NO, NO.
WE'VE ADOPTED THIS RULE IN ORDER FOR IT TO BE EFFECTIVE CITY COUNCIL, YOU HAVE TO APPROVE IT.
AND IF YOU DON'T APPROVE IT, IT'S NOT EFFECTIVE.
THAT'S A REALLY GOOD RULE AND WHY DON'T YOU APPROVE IT? AND THAT SEEMS TO ME TO BE A MORE DIRECT WAY OF GETTING WHAT I THINK WE ALL REALLY WANT TO HAVE HERE, BUT OKAY, BROOKE, AND THEN JESSICA, AND THEN I'D LIKE TO SEE IF WE CAN WRAP THIS UP BECAUSE I'M AFRAID DARRYL, I UNDERSTAND WHAT YOU'RE SAYING AND WE CAN SEND IT.
THEY WON'T LOOK AT IT TWICE UNLESS WE HAVE SOME BACKBONE THAT TALKS ABOUT WAYS OF FUNDING THAT THEY ARE, THAT WE'RE RESEARCHING WAYS OF FUNDING.
WOULD YOU SAY WE'VE GOT THIS RULE AND YOU GOTTA MAKE IT HAPPEN.
THEY WON'T EVEN, THEY WON'T EVEN LOOK AT IT WHEN WE BECOME TO THE DOCKET, WE HAVE TO GIVE THEM A STRUCTURE OF WHY WE'RE ASKING FOR THIS RULE, HOW IT'S GOING, SOME OPTIONS ON HOW IT'S GOING TO BE FUNDED AND HOW IT BENEFITS THE COUNCIL AND THE BOARD OF ADJUSTMENT AND THE CITIZENS.
AND SO I THINK A LITTLE MORE MEAT TO IT OTHER THAN JUST TELLING THEM WHY WE'RE DOING THIS RULE AND YOU GOTTA PAY FOR IT, THEN WE'LL NEVER GO ANYWHERE.
THEY'LL JUST ACT LIKE THEY NEVER SAW IT.
IT WILL NEVER MAKE IT TO THE DOCKET JUST FROM PAST EXPERIENCE.
SO JESSICA, AND THEN WE'LL GO BACK TO, UM, YASMIN FOR, UM, CLARIFICATION.
I JUST WANTED TO QUICKLY ADDRESS A COUPLE OF CONCERNS THAT I HEARD.
UM, MY, MY, MY, MY ONLY REAL FEAR AND ALL THIS, MY BIGGEST CONCERN, UH, WHICH IS THE PROBLEM I HAVE WITH THE CURRENT WAIVER PROCESS IS THAT THE AMOUNT OF WORK CITY STAFF HAS TO DO IS GOING TO BE THE SCENE WHERE IT'S GOING TO REMAIN JUST AS MUCH AS IT IS FOR ANY OTHER KEYS.
AND IF WE MAKE THIS MORE ACCESSIBLE, THAT CASELOAD HAS THE POTENTIAL TO INCREMENT, UH, EXPONENTIALLY.
YOU HAVE, IF PEOPLE TAKE ADVANTAGE OF IT RIGHT NOW, THE CURRENT WAIVER MECHANISM, WHAT, WELL YET, IT'S GREAT THAT WE HAVE SOMETHING IN PLACE SEEMS TO BE DESIGNED TO MAKE IT DIFFICULT TO ACHIEVE, UM, SOMETHING LIKE THIS WOULD MAKE IT SIGNIFICANTLY EASIER.
AND I FEEL THAT CITY STAFF OR CITY COUNCIL MIGHT PUSH BACK SAYING HE, WELL, WHO'S GOING TO PAY FOR ALL THESE CASES.
NOW YOU'VE GOT LIKE 10 CASES TONIGHT AND THEY'RE ALL FEE WAIVE.
SOMEONE'S GOT TO PAY CITY STOP.
I DON'T KNOW IF IT'S ACCURATE.
IT'S JUST, THAT'S HOW I WOULD DO IT.
I MEAN, SOMEONE'S GOT TO PAY FOR IT SOMEWHERE.
THE WAY IT WAS DESIGNED WAS TO ELIMINATE MORE WORK FOR OUR STAFF.
UH, YOU KNOW, OUR, OUR STAFF AND STAFF LIAISON RIGHT NOW ALREADY HAVE A LOT ON THEIR PLATE.
AND SO THE WAY THIS WAS DESIGNED WAS TO DO THAT.
UH, THE OTHER ISSUE PROBLEM THAT I THINK WE
[02:25:01]
HAVE GONE WITH DARRELL'S IDEA IS AS, UH, ELAINE HAD EXPRESSED TO US, NO CASES CAN BE FORWARDED TO US WITHOUT A FEE BEING PAID FIRST.SO WE CAN'T EVEN TAKE A LOOK AT A CASE TO DECIDE IF WE WANT TO WAIVER THE FEE, UH, THE WAIVE THE FEE, BECAUSE IT'S NOT EVEN GOING TO GET TO US AT THAT POINT.
SO I THINK, UH, YASMIN'S IDEA OF SENDING, YOU KNOW, SENDING SOME TYPE OF VERBIAGE TO, TO COUNCIL TO HAVE YOUR FOOT IN THE DOOR.
I THINK YASMIN THAT'S A GREAT IDEA, BUT I STILL FEEL VERY STRONG ON MOVING WITH YOUR CONCEPT BECAUSE THEY SELL FUNDED PROGRAM WITH ASSISTANCE FROM SOME OF THE OTHER DEPARTMENTS I THINK IS GOING TO GO OVER MUCH BETTER AT THIS TIME OF FINANCIAL CRUNCH.
CAUSE YOU HAVE TO THINK ABOUT IT, THE IMPACTS THAT WE HAVE FROM COVID OF THE LACK OF BEING ABLE TO EXPAND THE TAX BASE, TO COLLECT SALES TAXES OR ANYTHING IN THE CITY.
IT'S BEEN MY POLITICAL EXPERIENCE.
HAVEN'T BEEN CHAIRMAN OF THE BOARD FOR CAPITAL METRO, THAT THE STUFF THAT WE PUT IN EFFECT LIKE THE LIGHT RAIL PROGRAM DIDN'T EVEN HIT UNTIL WE WERE ALREADY OUT OF OFFICE.
AND SO IT'S GOING TO TAKE A WHILE FOR THIS, THE, THESE THINGS TO GET IN FOR CITY TO ACTUALLY FEEL THE IMPACTS OF BEING UNABLE TO COLLECT THE SALES TAX.
AND WHEN THAT HAPPENS, I WILL GUARANTEE YOU EVERYTHING'S GOING TO BE SQUEEZED IF WE DON'T HAVE AN ABILITY TO SELL FUND HIS PROGRAM.
I AGREE WITH YOU, THE WAIVER PROGRAM IS ALMOST LIKE VOTER SUPPRESSION.
AND IT'S HIGHLY UNUSUAL TO FIND THAT MANY PEOPLE AROUND YOU THAT NOBODY'S RENTING EVERYBODY OWNS.
AND SO I THINK WE STILL NEED TO MOVE FORWARD WITH YOUR CONCEPT REWORD.
SOME OF IT, I DO THINK THAT WE DO HAVE THE ABILITY TO SET, TO SET, UM, SOME OF THE FEE STRUCTURE.
UH, IF WE WANT COME ON A HUNDRED BUCKS TO ANY DEVELOPER IS NOTHING BUT, UH, YOU KNOW, AND THOSE DEVELOPERS ALSO HAVE TO KEEP IN MIND THAT THEY ARE REAPING THE BENEFIT OF DEVELOPING IN AUSTIN AND SOME OF THESE AREAS THAT THEY'RE GENTRIFYING ANYHOW.
SO COME ON, THAT'S NOT THE INTENT I HAD.
THIS IS MORE YOU'RE PART OF A COMMUNITY YOU NEED TO CONTRIBUTE TO THAT COMMUNITY WHEN IT WAS PRESUMED DEVELOPMENT.
SO, SO, UH, UH, WE CAN, WE CAN MISS WORDS ON THIS ALL NIGHT.
UM, AND THEN WE CAN DO SOMETHING ELSE, BUT THE REASON THAT WE HAVE A WORK GROUP ON THIS IS FOR YOU GUYS, THREE, TO GET TOGETHER AND GET A CLEAR VISION WITH THE DISPARATE, UH, IDEAS.
UH, AND, AND, AND I APPLAUD YOU GUYS ON WHAT YOU PULLED TOGETHER TONIGHT FOR THIS.
UM, SO I THINK THAT THAT NEEDS TO HAPPEN.
I THINK THIS WORK GROUP NEEDS TO THAT BEST.
UH, WHAT I'D LIKE TO SEE ALSO IS FOR THE BOARD MEMBERS TO REVIEW WHAT WE HAVE IN HAND RIGHT NOW IS AS THE, AS IT WAS CALLED AND GIVE FEEDBACK CEREBRAL LANE BACK TO THE WORK GROUP TO SAY HERE'S SOME OTHER STUFF, OR HERE'S THE OTHER THINGS THAT SAID, SO, SO THAT'S FOR NEXT TIME, RIGHT? SO WE'RE GOOD.
WE GET BACK TOGETHER FROM BACK, UH, WITH, UH, UH, A CLEARER VISION, UH, AND HOPEFULLY CONSENSUS AMONG THE WORK GROUP ABOUT HOW TO MOVE FORWARD.
WE ALSO HAVE YASMIN'S, UM, UM, MOTION ON THE TABLE, UH, RIGHT NOW FOR US TO CONSIDER AS A, AS A SHORT TERM STOP GAP TO MAYBE SEND A MESSAGE TO COUNCIL SAYING, HEY, WE'RE WORKING ON THIS, DON'T CUT US OUT OF THE BUDGET BECAUSE WE NEED TO BE ABLE TO TAKE A LITTLE MORE TIME TO VET THIS AND MAKE THIS, THIS HAPPENED IN A MEETING FOR WHAT, UH, BECAUSE THERE ARE LEGAL IMPLICATIONS, THERE ARE ALL SORTS OF GREAT THINGS.
I MEAN, EVERYTHING THAT I'VE HEARD FROM EVERYONE HAS BEEN LIKE SPOT ON, AND I DON'T THINK WE HAVE ALL THE ANSWERS TONIGHT.
SO I'D LIKE TO GO BACK TO YOU, ASK ME WITH, UM, YOU KNOW, JUST SEE IF WE CAN COME UP WITH A CONCISE THING, BECAUSE I'M GUESSING THAT I'M GOING TO NEED TO WRITE IT DOWN AND SEND IT TO COUNCIL TOMORROW OR, OR, YOU KNOW, UM, SO YEAH, RIGHT.
AND SO, WELL, AS LONG AS I HAVE SOMETHING WRITTEN, IT WOULD HAVE BEEN NICE IF SOMEBODY HAD SOMETHING TO SEND TO ME RIGHT NOW.
UM, SO DO WE, DO WE HAVE, DO WE HAVE A MOTION FROM YOU? CAN YOU RESTATE YOUR MOTION SO THAT WE CAN GET A SECOND? AND JUST
[02:30:01]
BEFORE I DO IT, IT'S APPROPRIATE FOR US TO DIRECT STAFF TO SEND A RECOMMENDATION TO COUNCIL FOR THEM TO DIRECT STAFF? IS THAT THE PROPER, OR ARE WE RECOMMENDING TO COUNCIL TO DIRECT STAFF? DOES THAT MAKE SENSE? I THINK, I THINK SO.UH, I THINK W IT WOULD BE APPROPRIATE FOR RESOLUTION TO DIRECT COUNSEL TO REQUEST DIRECTING STAFF, UM, TO LOOK INTO THE ISSUE ABOUT WE REQUEST COUNSEL.
LET'S SEE, BUT IT'S NOT, YOU'RE AWARE YOU'RE REQUESTING COUNCIL'S DISCRETION TO DIRECT STAFF TO, TO FORMULATE A RESPONSE TO THIS QUESTION.
OKAY, I'M GONNA TRY THIS ON THOUGH.
REAL SLOW IS SOMEONE TYPING, WE HAVE NOTES.
WE REQUEST COUNSEL TO USE ITS DISCRETION, TO DIRECT, TO DIRECT STAFF, TO, TO INVESTIGATE ALTERNATIVES TO THE WAIVER PROCESS AS IS TO COME BEFORE THE BOARD OF ADJUSTMENTS, SPECIFICALLY PAYING ATTENTION TO POSSIBLE SELF FUNDING MECHANISMS THEN DROP IN JESSICA'S LANGUAGE.
AND IF THIS IS NOT APPROPRIATE OR LEGAL OR APPLICABLE ALTERNATIVES THERE TOO, AND CONSIDERATION OF THE INEQUITY OF THE HISTORICALLY OF THIS PROCESS AND IN, UM, AND IN HOPES OF CREATING A MENTAL SHIFT IN AUSTIN, BY WHICH WHEN YOU ARE A PART OF THE COMMUNITY, GIVE BACK TO THAT COMMUNITY, MIKE DROP, I, WE FELL IN TEAM.
HOW WAS, THAT WAS JUST LOVELY.
IT'S JUST, I COULD JUST SEE, LIKE THE LAST TIME THIS HAPPENED.
I THINK MY COUNCIL PERSON IS THE ONE THAT GOT THE HOMESTEAD WAIVER.
AND WHEN THE LANGUAGE CAME THROUGH, SHE CALLED ME AND WENT, WHAT? SO I CAN JUST HEAR THE PHONE RING NOW, BUT THAT'S WHAT WE WANT.
I WANT THEM TO GET IT IN THEIR INBOX, SAY WHAT? AND THEN HOPEFULLY YOU HAVE THAT WIDER COMMUNICATION WHERE IT'S JUST, HEY, IT'S JUST A STOP BILLER.
IT'S JUST SO THAT WE CAN INVESTIGATE THESE PIECES.
WE JUST NEED IT IN CLAY SO THAT IF WE HAVE TO DO THIS BUDGET TANGO, WE ARE ABLE, WE ALREADY HAVE OUR PLACE CARD.
YOU ALREADY HAVE OUR, OUR, OUR NAME AND ALIGN TO MORE NATURALISM.
ARE WE GONNA FIGURE IT OUT OR WORK IT IN? SO WE'VE GOT A MOTION TO SEND A RATHER, UH, STATEMENT TO, UH, CITY COUNCIL REQUESTING, UM, UH, UH, INVESTIGATION INTO THE WAIVER PROCESS.
I'M GONNA JUST PUT ENCAPSULATE IT LIKE THAT, UH, FOR GREATER EQUITY IN AUSTIN.
UM, AND SO, UM, IS THERE A SECOND, WE'VE GOT A SECOND BY BROOKE.
UM, SO LET ME JUST MAKE SOME MOMENTS HERE.
ALRIGHT, SO WE'VE GOT A SECOND.
ALRIGHT, SO, UM, WE'RE GONNA, UH, GO AHEAD AND TAKE A VOTE ON THIS.
MA'AM I WOULD ASK THAT YOU EMAIL ME A, UM, UH, UH, CONCISE, UM, IT CAPSULATION OF WHAT YOU SAID, UH, BECAUSE OTHERWISE I HAVE
[02:35:01]
TO GO, UH, TO GET WITH ELAINE AND LEE AND SEE THE VIDEO AND TRY TO TRANSCRIBE IT.UM, CAN SOMEONE WHO, CAUSE I ASKED IF IT WAS BEING TYPED UP, DID ANYONE ACTUALLY DO THAT? OH, GO AHEAD, JESSICA.
YOU WERE GOING REALLY FAST ON TRIMMING DOWN A LITTLE ROUND, MISS SPOTS.
IF YOU WILL SEND IT OVER TO ME, UH, UH, AND UM, I WILL SEND IT ON TO COUNCIL SAYING, HEY, WE'RE WORKING ON THIS AND WE WOULD LIKE A LITTLE, A LITTLE GRACE HERE.
UH, I'LL BE, IF YOU SAID IT TO ME ALREADY.
I DROPPED HIM TO THE WEBEX CHAT.
I'M EMAILING IT TO YOU AND ELAINE NOW IT'S OKAY.
I SEE A WEBEX CHAT, BUT IS THAT A SENSE OF WHAT, YEAH, THAT'S WHAT I WAS GOING TO SAY.
[E-7 Discussion and possible action regarding Workgroups Update: Transportation Criteria/Code Recommendations Workgroup (Smith, Hodge & Corral)]
SEVEN AGAIN, I THINK IT'S TABLED AGAIN.THIS IS OUR, OUR SORT OF FOODS IN ORDINANCE, UH, UH, WORK GROUPS.
UM, SO UNLESS THERE'S ANYTHING ON EACH SEVEN WEEK, I THINK WE CAN MOVE ON,
[E-8 Discussion and possible action regarding alternative meeting dates and locations]
UH, 88.UM, AGAIN, UH, I THINK WE'RE WAITING TO SEE HOW THINGS SHAKE OUT AFTER THOROUGHBREDS AND, UM, AND UH, IN THE NEW LOCATION, UP AT POLLEN BALL.
UM, BUT, UH, WHAT I KNOW TO BE HIGHLAND MALT, UM, AND THIS IS AGAIN REGARDING, UH, ALTERNATIVE MEETING DATES AND LOCATIONS.
[E-9 Announcements]
ANY ANNOUNCEMENTS GLAD TO HAVE YOU BACK HOPE YOU'RE, UH, UH, CONVALESCING, WELL, WHO SHOULD YOUR SLING? WE MISSED YOU, BUT I JUST COULDN'T QUITE DO IT.I KNOW YOU'RE HAVING TO CALL THE CASES AND DO ALL THE PARKS HAVE, AND YOU'RE DOING A REALLY GOOD JOB.
DON'T WORRY THAT DON'T LOOK BELOW THE SCREEN.
[E-10 Discussion of future agenda new business items, staff requests and potential special called meeting and/or workshop requests]
AND THEN ON EACH HAND WE HAD A COUPLE OF THINGS.UM, SO ONE OF THE, ONE OF THE THINGS THAT I HAD ON HERE, AND THIS IS DISCUSSION OF FUTURE AGENDA AND YOU CAN BUSINESS ITEMS, STAFF REQUESTS, ET CETERA.
AND ONE OF THE THINGS THAT I HAD ON MY LIST WAS, UM, STAFF PRESENTATION ON LA CASES ON LAKE AUSTIN CASES.
UM, UH, AND AGAIN, ONE OF THE THINGS THAT I AM LOOKING FOR, UH, WITH THAT EFFORT IS GETTING CLARITY ON WHY THERE ARE DIFFERENT SETBACKS, UH, ON THE LAKE.
WHAT ARE THE ENVIRONMENTAL CONCERNS? HOW DOES, HOW DO THOSE SETBACKS AND OTHER THINGS LIKE THAT, UM, INFORM THOSE DECISIONS SO THAT WE HAVE A BASIS TO MAKE THOUGHTFUL DECISIONS.
UH, WHEN SOMEBODY GOES, HEY, EVERYBODY ELSE HAS 25% BACK.
WHY DO I HAVE TO HAVE A FOUR BEACH? AND THEN THE THIRD THING IS, UH, UM, A DEADLINE THAT, UH, ELAINE HAD ASKED FOR, WHICH I THINK IS WARRANTED FOR SURE HERE TO ASK THAT, UM, ANY NEW BUSINESS ITEMS THAT WE WANT TO ADD TO IN THIS CASE STATE THE, UH, NEW BUSINESS LIST HERE THAT WE GET, THAT WE GET THEM TO HER, UH, NO LATER THAN THE TWO FRIDAYS BEFORE OUR BOARD.
UM, SO BE THINKING ABOUT IT OVER THE NEXT TWO WEEKS, YOU MAY WANT TO HAVE SO THAT SHE HAS AMPLE OPPORTUNITY TO DO THAT BECAUSE IT ONLY TAKES TWO BOARD MEMBERS TO ADD SOMETHING TO THE AGENDA.
HOWEVER, IF I'M NOT ONE OF THOSE TWO BOARD MEMBERS, I LIKE TO LOOK AT IT.
I LIKE THE LOOK AT THE LANGUAGE, HOW IT'S PUT INTO THE AGENDA, SAYS THAT WE HAVE THAT.
AND TO BE ABLE TO GET BACK WITH YOU GUYS, BY HAVING A PERSON THERE, I WANTED TO ASK YOU WHAT EVERYBODY THOUGHT ABOUT, ABOUT, YOU KNOW, YOU WERE TALKING ABOUT THE, THE, YOUR FIRST SIDE OF THE LAKE, AUSTIN SETBACKS, SOME OF THE STUFF THAT WE HAVE RECEIVED, THAT I'VE BEEN PART OF THESE CASES WHERE PEOPLE COME IN AND THEY SAY, THEY ASKED FOR A VARIANCE WHEN IT SEEMS LIKE MAYBE THEY SHOULD BE ASKING FOR A SPECIAL EXCEPTION BECAUSE THEY COME IN AND THEY SAY, LOOK, THIS WAS PLANTED IN THE 1940S.
UH, IT WAS WAY BEFORE ANY OF THIS STUFF WAS ADOPTED.
AND THEN ALL THIS STUFF WAS ADOPTED.
[02:40:01]
SPREAD IN THE BACKYARD HAS BEEN THERE FOR HOWEVER LONG, AND IT PREDATED THE LA UH, OVERLAY AND ALL OF THIS STUFF.AND I'M JUST WONDERING IF THAT COULD BE PART OF IT ALSO IS LOOKING AT THIS ISSUE OF, YOU KNOW, WHEN PEOPLE COME IN AND THEY SAY, OH, THIS WAS PLANTED WAY BEFORE ANY OF THESE ORDINANCES WERE ADOPTED.
UH, YOU KNOW, DOES, DOES THAT MEAN THAT REALLY, WHAT THEY SHOULD BE ASKING FOR IS A, IS A SPECIAL EXCEPTION RATHER THAN A VARIANCE AND, AND, YOU KNOW, HOW DO WE DEAL WITH THOSE ARGUMENTS THAT IT WAS THERE BEFORE THE RULES REQUIRED? WHAT IT IS WE'RE TRYING TO GET A VARIANCE FROM.
AND SO LANE LANE HAD HER, HER HAND UP, BUT WHAT I WOULD SAY IS THAT SANDRA IS PRETTY CLEAR ABOUT WHAT QUALIFIES FOR A SPECIAL EXCEPTION VERSUS A IS THAT'S A TANGO THAT THEY DO EVERY SINGLE MONTH.
AND SO IF SOMETHING QUALIFIES FOR A SPECIAL ED SETTING, THEY WOULD RECOMMEND THAT TO THE APPLICANT.
BUT GO AHEAD AND TELL HIM YOU SENT IT.
THAT'S EXACTLY WHAT I WAS GOING TO SAY.
WE CAN READ EACH OTHER'S MINDS NOW OF THAT, IN THAT IN TUNE, THE CITY HAS A, HAS A COMMITTEE, A TWO 45 COMMITTEE THAT LOOKS AT GRANDFATHERING.
IF IT'S CRACKED, HASN'T BEEN DEVELOPED BEFORE.
AND A LOT OF TIMES THE CASES THAT WE HEAR THEY'RE REMODELING IT IN THE NONCONFORMING SECTION ON A RESIDENTIAL PROPERTY, YOU HAVE TO HAVE SO MUCH OF IT REMAIN.
AND A LOT OF TIMES ON A LAKE CASE, YOU MIGHT HAVE A, A WATER ISSUE WHERE AN EXISTING STRUCTURE YOU'RE, YOU'RE NOT ABLE TO KEEP THAT MUCH OF THE STRUCTURE.
AND SO I THINK THAT'S A LOT OF THE CASES THAT WE HEAR, AND WE ALSO HEAR A LOT OF CASES WHERE THEY, THEY JUST DON'T MEET THE, HERE, THEY HAVE THE LA OVERLAY, BUT THEY'RE NOT THE SIZE OF AN LA LOT.
AND, AND ALL OF A SUDDEN THE OVERLAY WAS EXTENDED.
SO I THINK IT'S ALL VERY DIFFERENT AND THEY'RE HARD FOR ME.
AND WE DON'T REALLY HAVE IT AS A DISCUSSION ITEM PER SE, ON OUR, OR, OR AN ACTION ITEM, BUT I DIDN'T WANT TO JUST BECAUSE IT'S ALWAYS AN ISSUE FOR ME, UH, TO THAT WE GET BETTER TRAINING BASICALLY ON THAT AND HAVE, HAVE, UH, UH, UH, STAFF.
AND SO, SO AGAIN, WHAT I, WHAT I'M ASKING FOR IS ESSENTIALLY WHEN THOSE CASES COME UP, BECAUSE AS YOU GUYS KNOW, UM, EX OFFICIO MEMBER OF THE PLANNING COMMISSION, AND THEY HAVE A LOT OF STAFF MEMBERS AVAILABLE TO ANSWER EVERY SINGLE QUESTION ABOUT WHATEVER, AND THE CASES THAT I SEE THAT, UH, THAT WE OFTEN NEED A LEVEL OF EXPERTISE THAT WE DO NOT NECESSARILY HAVE IS ON LAKE AUSTIN CASES.
SO ESSENTIALLY WHAT I WAS ASKING FOR WAS TO HAVE A CITY STAFF MEMBER WHO HANDLES LIKE AUSTIN STUFF AVAILABLE TO ANSWER THESE TYPES OF QUESTIONS.
UH, ANYTHING ELSE FOR WE? OKAY.
SO CONSIDERING, YOU KNOW, JUST IN CASE WE HAVE TO DO THE BUDGET TANGO BUDGET, UM, PLEASE IT'S SO BE YOUR, YOUR HEART'S DESIRE.
AND I HOPE IT IS PLEASE REACH OUT TO YOUR COUNCIL MEMBER ASAP SO WE CAN GET ON THAT MESSAGE BOARD POSTS, IF IT'S OB THEIR WISHES TO MAKE THIS TYPE OF AMENDMENT OR PUT THIS LANGUAGE IN IT IS GAME TIME RIGHT NOW.
SO AT EIGHT 14, WE ARE ADJOURNED.
THANK YOU ALL FOR YOUR SERVICE.
IF I WALK DOWN THIS WHOLE WAY, IT'S NICE.
IT'S TOO QUIET THROUGH THE DARK.