[00:00:06]
TEMPUS, EVEN THOUGH I HAD NO IDEA HOW TO DO THIS, I'LL BE HERE TO GUIDE YOU.
SO I'M GONNA CALL TO ORDER THE BOARD OF ADJUSTMENT MEETING.
OF COURSE I HAVE WAY TOO MANY SCREENS OPEN, UH, FOR OCTOBER 12TH, 2020.
I'M GOING TO GO AHEAD AND CALL THE BOWL OR I THINK I'M GOING TO CALL THE ROLL.
BROOKE BAILEY BROOKSTONE BACK HERE.
UH, I'M ALYSSA HAWTHORNE AND I'M HERE, WILLIAM.
UH, FROM MCDANIEL HERE, PRUITT.
MICHAEL VAN NOLAN, KELLY BLOOM HERE.
SO BROOKE BARTHA AND DAWN NEED TO BE ON FOR US TO HAVE QUORUM OR A CASE, BUT, OR US TO DO MINUTE, WE COULD DO THAT.
DID YOU COME BACK TO US? WE SHOULD BE ON JUST STARTED, BUT STARTING LATE TO PEOPLE.
YOU GOT TO GET ON WITH YOUR SCHOOLWORK THEN TODAY.
WELL, WE CAN'T ASSESS THIS NEW WEBEX LOGIN, LINKEDIN THAT THEY GAVE US.
SO I KNOW IN MY VOLUME DOESN'T WORK VERY WELL.
WE CAN STILL HEAR YOU, BROOKE, EVEN IF YOU'RE FROZEN.
DID EVERYBODY GET A CHANCE TO LOOK AT THE SEPTEMBER
[A-1 Staff requests approval of September 14, 2020 draft minutes]
MINUTES? AND PERHAPS I HAVE A COMMENT ABOUT THAT.UM, UM, I HAD THIS PULLED UP, BUT, UM, THE FIRST ONE I THOUGHT WE WOULD ALSO PUT AS A CONDITION OUTDOOR KITCHEN.
NOT JUST NO STR, BUT NO OUTDOOR KITCHEN, MICHAEL, I THINK THAT WAS ONE OF MICHAEL'S ACTUALLY, I REMEMBER HAVING A CONVERSATION ABOUT IT.
UM, BUT THERE WAS A KITCHEN THAT WAS NOT ENCLOSED UNDER THE BUILDING.
AND I REMEMBER HAVING CONVERSATION.
I DON'T REMEMBER IT BEING CONTINGENT.
I WAS THINKING THAT WAS ONE OF MICHAEL'S.
I KNOW THE DISCUSSION DID TRANSPORT HER.
I AGREE WITH MELISSA THAT, THAT REALLY SHOWED THAT, BUT IT WAS A NON ISSUE.
I WAS OPEN TO THAT AMENDMENT, BUT IT WAS JUST NOT AN ISSUE AT THE END.
I JUST THOUGHT WE HAD DONE THAT BECAUSE WE DIDN'T MOVE THE BATHROOM.
LIKE THE ORIGINAL VARIANTS DIDN'T ALLOW THE BATHROOM WHERE THEY HAD THE BATHROOM UPSTAIRS, WHICH WAS KIND OF ODD FOR AN OUTDOOR AREA, BUT OKAY, FINE.
THEN I'M GOING TO APPROVE THE MINUTES FROM OCTOBER 12TH, 2012.
SO THOSE ARE THE SEPTEMBER 14TH MINUTES.
[00:05:01]
YES.I DON'T KNOW IF YOU'RE HERE YET.
WELL, I KNOW THAT THEY'RE TRYING TO GET HERE AS FAST AS THEY CAN.
SO I'M GOING TO TAKE A BREAK THEN FOR A FEW MINUTES WHILE WE WORK ON OUR TEXT TECHNICAL ISSUES.
CAUSE I THINK I ACTUALLY HAVE TO HAVE THEM IN ORDER TO VOTE.
MADAM CHAIR CAN RETAKE ANY POSSIBLE POSTPONEMENTS OR, OH
[B-2 Staff and Applicant requests for postponement and withdraw of items posted on this Agenda]
ELAINE.DO WE HAVE ANY POSTPONEMENTS, ONE POSTPONEMENT THAT SHE FOUND OUT THE EMAIL? UH, HANG ON.
SO C TWO IS REQUESTING IT POSTS.
IS THERE ANY OPPOSITION TO THAT? IT WOULD BE THEIR FIRST REQUEST.
SO MOVED AND B VERY EXCITINGLY CALLING THE ROLL.
THAT DON DID YOU MAKE IT YET? I'M REALLY WOULD BE VERY EXCITED IF YOU DID A RAMEN DANIEL? YES.
CAN I MAKE A SUGGESTION TO HELP YOU? YOU'RE GOING TO HAVE TO RUN IT.
ARE YOU RUNNING YOUR WEBEX IN PANELED MODE WHERE IT SHOWS EVERYBODY ALL AT ONCE? ARE YOU RUNNING IT AND SPEAKER WHERE IT PUTS A BIG PERSON SPEAKING AT TOP AND LITTLE PEOPLE AT THE BOTTOM UP IN YOUR TOP RIGHT CORNER.
THERE'S IF YOU MOVE YOUR MOUSE, A LITTLE ICON, THAT LOOKS KIND OF LIKE A, MAYBE A TELEVISION WITH THREE BUTTONS.
AND IF YOU HOVER OVER THAT, YOU CAN SEE THAT THERE'S AN OPTION FOR GRID VIEW.
SO I WAS WONDERING WHAT YOU WOULD THINK IF WE WENT TO SOME OF THE NEW BUSINESS ITEMS, UM, BECAUSE WE HAVE THE BOARD REPORT AND UM, CAUSE THERE'S ONLY 10 OF US AND WE WOULD, WE WOULD WANT FOR BURBERRY.
DO YOU THINK WE SHOULD PROCEED WITH THE OTHER NINE OF US ARE 10, RIGHT? THERE'S 10, WHICH ARE THE 10 99.
SO THERE'S, THIS IS THE BARE MINIMUM TO ADDRESS THE VARIANT, BUT WE COULD GO TO NEW BUSINESS AND KNOCK THAT OUT.
I CAN TELL YOU RIGHT NOW, I'M HEARING EVERY OTHER WORD.
IT'S NOT CLEAR YOU BREAKING UP.
SO I'M NOT REALLY SURE HOW WE'RE GOING TO HEAR CASES IF THIS CONTINUES.
SO AM I BREAKING UP TO EVERYONE OR TO BROOKE? I THINK TO BURKE, I CAN HEAR YOU.
I JUST WANTED TO, UM, BUT IF BROOKE CAN'T HEAR THAT TEXAS TO EAT RIGHT.
AND I'VE REBOOTED MY COMPUTER, UH, I HAVE NEVER HAD PROBLEMS WITH WEBEX BEFORE, SO I'M NOT REALLY SURE WHAT'S GOING ON, BUT I DON'T USUALLY DO IT THROUGH MY BROWSER.
I DO IT, BUT THIS, THEY DO THAT IN THE BROWSER.
BUT COULD YOU CALL IN AS WELL? MAYBE? WELL, THAT
[00:10:01]
DOESN'T MEAN MELISSA.IF I CAN ONLY HEAR WHAT PEOPLE ARE SAYING, BUT THAT'S FINE.
WE DON'T, BUT WE DON'T HAVE ENOUGH PEOPLE, BUT WE'RE JUST GETTING MELISSA WAS ASKING FOR NEW BUSINESS.
I WAS JUST WONDERING IF, WHAT EVERYBODY THOUGHT ABOUT GOING TO NEW BUSINESS, JUST SO THAT WE COULD KEEP MOVING AND WHILE THEY TRIED TO SOLVE THE PROBLEMS. SURE.
[E-1 Discussion of the August 10, 2020 Board activity report]
ITEM E YES.ITEM WE, OUR, OUR MONTHLY REPORT.
DOES ANYBODY HAVE ANY COMMENTS, QUESTIONS
[E-2 Discussion and possible action regarding postponed BOA Trainings (including new topic “Area Character”); Staff & PC Coordination Workgroup (Leighton-Burwell, Hawthorne, Von Ohlen & Bailey); and, coordination with COA Planning Staff (including reporting, presentations and general accountability) and Planning Commission (including LDC overlap (e.g. Sign Regulations, etc).]
EAT? TWO IS AS THE SAME ITEM WE'RE TRYING TO WORK ON, UH, ON REPAIRING OUR RELATIONSHIP AND GETTING SOME TRAINING.ELAINE, IS THERE ANY UPDATE ON, ON THOUGHTS TRAINING? ARE WE STILL JUST IN THE LAND OF WE'RE MAKING IT THROUGH THIS PERIOD OF WE ARE WORKING ON, I MEAN, WHAT WE'RE WAITING ON CITY CLERK, YOU KNOW, THEY'RE REALLY, REALLY, REALLY BUSY AND I'M WORKING WITH MY, ONE OF MY SUPERIORS AND HE'S TRYING TO SEE IF WE NEED CITY CLERK'S OFFICE.
DOES THIS REALLY NEED TO BE RECORDED? UM, CAUSE HE WANTS TO MOVE FORWARD WITH THIS AS WELL.
UM, SO THAT'S WHERE WE'RE AT RIGHT NOW.
HE WAS CHECKING INTO THAT LATE LAST WEEK WAS THE LAST TIME I SPOKE WITH HIM ABOUT THIS.
UM, CAUSE HE FEELS, HE SAID, UNLESS SOMETHING'S CHANGED, HE FEELS LIKE WE PROBABLY DON'T NEED CITY CLERKS FOR RECORDING.
WE SHOULD BE ABLE JUST TO HAVE TRAINING, BUT HE WAS CHECKING INTO THAT.
WELL THAT THAT'S REALLY GOOD UPDATE.
I MEAN, UNLESS SOMEBODY HAS SOMETHING TO ADD ON ITEM E SO I
[E-3 Discussion and possible action regarding UNO Sign regulations – requesting presentation by City Staff (Jerry Rusthoven).]
DIDN'T EAT IS SAME SEMO ABOUT THE, YOU KNOW, SIGN REGULATIONS.IT IS ON OUR AGENDA AS AN UNRESOLVED ITEM.
DOES ANYONE HAVE ANY COMMENTS? OKAY.
I THINK DON IS STILL FOLLOWING UP TO TRY TO GET JERRY TO GET SOME CLARIFICATION FROM THAT.
I DON'T KNOW IF HE WAS INVOLVED WITH THE LAST PLANNING COMMISSION MEETING ALSO BECAUSE I KNOW THEY WERE GIVING SOME INFORMATION THAT WE, IT DOESN'T FEEL TRUE TO US, BUT I PERSONALLY MYSELF, I'M JUST GOING TO APPROACH IT.
LIKE WE DO ALL THE SIGNS, YOU KNOW, DEPENDS ON THEIR HARDSHIP AND WHETHER THEY REALLY NEEDED, WHAT IS, YOU KNOW, POWER GOES, WE'VE HAD THE DISCUSSION ABOUT UNO BEING BROAD BASED ACROSS THE CITY.
AND SO, UH, EVEN THOUGH THE UNIVERSITY NEIGHBORHOOD IS, YOU KNOW, IN ONE CONFINED AREA DOWNTOWN, BUT UNTIL THEN, UNTIL WE CAN GET A PRESENTATION FROM JV OR, OR THE CHAIR OR FIND SOMEBODY I'M JUST GOING TO APPROACH THEM LIGHTS, WE DO ALL OUR SIGNS, THE NEED, THE NEIGHBORS, THE IMPACT FOR THE COMMUNITY.
THANK YOU, BOARD MEMBER, VAN OLIN.
UM, SO, AND NOW WE ARE BACK TO ITEM E FIVE,
[E-5 Discussion and possible action regarding on the FY 2020-21 Budget Calendar - 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.]
WHICH IS THE WORK GROUP ON THE ASSISTANCE FUND, OR HOWEVER WE'RE APPROACHING THAT, UH, JESSICA, YOU WANT TO GIVE US AN UPDATE OR MICHAEL? SO I I'LL PLEAD A R UH, DIANA, THE LATEST DRAFT OF THIS.UH, I TRIED TO CORRECT ALL THE LANGUAGE THAT WE DISCUSSED IN THE LAST MEETING.
UM, I MET WITH MY COUNCIL MEMBER AND SENIOR POLICY WRITER ABOUT A WEEK AND A HALF AGO, AND I'VE GOT HIS SUPPORT.
SO COUNCILMAN RETRO IS ONBOARD AND WE MET WITH, UH, YASMIN AND I MET WITH, UH, COUNCIL MEMBER, MADISON HARPER, UH, THIS, UH, SORRY, VERY AS WELL.
AND SHE SEEMS EXCITED AND HER SENIOR POLICY WRITER AS WELL, SORRY, BUT THEY, THEY SEEM ON BOARD AS WELL.
AND THEY'VE OFFERED SOME RESOURCES, UH, THAT WE DIDN'T HAVE BEFORE, LIKE PUBLIC CLEANUP, SOME OF THE FUNDING LANGUAGE A LITTLE BIT AND MAKE SURE THAT IT'S LEGAL, UH, COPY IS ON MINE.
IF YOU WANT TO LOOK AT IT, SHE'S ALSO IN SUPPORT AS WELL.
SO IT'S MOVING IN THE RIGHT DIRECTION.
[00:15:01]
OKAY, EXCELLENT.UH, OUR WAYS BACK UP IS THE MOST RECENT.
GREAT WORK REALLY IS REALLY IS.
I THINK THE, UH, THE IMPORTANT PART TO, TO NOTICE IS THAT WE BOTH, WE HAVE, UH, ACCEPTANCE NOW FROM BOTH AUSTIN ENERGY AND, UH, YES, D DIRECTOR.
SO LIKE, UM, ON BOTH SIDES AND THAT'S, THAT'S DOWN AT THE BOTTOM THERE.
SO, UH, WE ARE POSTED FOR DISCUSSION AND POSSIBLE ACTION FOR THIS ITEM.
IF SOMEONE HAD SOME ACTION, THEY MIGHT WANT TO BRING FORTH THIS RESOLUTION.
I'M NOT, I'M WILLING TO, YOU'LL MAKE A MOTION TO APPROVE THE RESOLUTION, BUT I DON'T KNOW IF YOU'RE READY, IT'S NOT READY YET.
WE SET SOME WORK TO DO WITH THE E NEED TO FIND OUT IF THERE'S GOING TO BE A COST TO BLA AT ALL.
AND WE NEED TO BE ABLE TO PRESENT THAT AS WELL.
WELL, JESSICA, I, HAVEN'T SPOKEN TO COUNCIL MEMBER, UH, COZAAR ABOUT IT, BUT YOU GUYS DID A GOOD JOB AND WHEN YOU'RE READY, I FEEL CONFIDENT THAT HE WILL SUPPORT IT.
AND SO YOU'VE HAD AN UPDATE ON A BIKE, UM, THERE'S
[E-6 Discussion and possible action regarding Workgroups Update: Transportation Criteria/Code Recommendations Workgroup (Smith, Hodge & Corral) o Resolution re: DSD Representation (No response from City Staff) o Transportation Criteria Manual (e.g. Gas Islands) o Regular BOA Issues that might trigger Code Revision]
DISCUSSION AND POSSIBLE ACTION REGARDING WORK GROUP UPDATES.AND THIS IS, UM, I BELIEVE THE ONLY WORK GROUP THAT IS ACTIVE WITH WHERE WE ARE IN THE WORLD.
IT, I MEAN, THERE, THERE ARE, UM, THERE'S TRANSPORTATION CRITERIA TO WORK GROUP, WHICH IS, DO YOU HAVE ANYTHING WILLIAM? NOT, NOT, I'M NOT SURE I, WHAT THE NEXT ONE IS.
AND THEN THE TRICK PATIENT CRITERIA MAIL IS STILL THE SAME THING.
AND THEN, UH, HE'S ALSO GOT LISTED REGULAR BOE ISSUES THAT MIGHT TRIGGER CODE REVISION.
I THINK IT DOES EVOLVE AND TABLE TO SOMETHING HAPPENS WITH THE ELDEST.
WHICH IS, AGAIN, AGAIN, THEN THE NEXT ITEM, WHICH IS
[E-7 Discussion and possible action regarding on the draft LDC; BOA LDC Workgroup Report (Workgroup Members: Leighton-Burwell, Hawthorne, Cohen, Hodge and Smith)]
I'M NOT REALLY SURE WHY THEY'RE HANGING ON STILL CHAIR.
BEFORE YOU GO ON, DID YOU GO OVER FOR, I JUST WANTED TO MAKE SURE, UH, YOU'RE RIGHT.
IT DIDN'T AS I WAS GOING THROUGH THE BACKUP AND THE AGENDA AT THE SAME TIME ON ONE SCREEN.
I KNOW I LOOKED AT SO, UH, EBOR FOR DISCUSSION
[E-4 Discussion and possible action regarding staff guidance on LA (Lake Austin) cases (in particular, the intent of increased setback requirements – environmental or other purpose?)]
AND POSSIBLE ACTION REGARDING STAFF TO GUIDANCE ON LIKE GAUSTON CASES IN PARTICULAR, THE INTENT OF THE INCREASED SETBACK AND ENVIRONMENTAL AND OTHER PURPOSE.I MEAN, I REALLY THINK THIS IS A WORKSHOP TOPIC IN PARTICULAR BECAUSE I MEAN, HONESTLY, A LOT OF TIMES WAS JOHNSTON COMES JUST BECAUSE SHE KNOWS THAT WE COULD USE THE ASSISTANCE.
UM, AND I'D REALLY LIKE THIS TO BE ONE OF THE WORKSHOP TOPICS.
CAUSE EVEN WHITE GAUSTON CASES ARE HARD FOR ME.
AND THEY'RE HARD FOR ME JUST SO I'VE HEARD OF, I SAW A REALLY GREAT PRESENTATION FROM MATT HOLLEN LAST FRIDAY, AND I WOULD REALLY LOVE TO GET HIM TO SPEAK WITH US.
MAYBE ONE OF US DO THAT SAME LITTLE PRESENTATION.
IT'S JUST, UH, IT WAS, IT WAS A PRESENTATION ON IMPERVIOUS COVER AND YOU'VE ALSO GOT ONE FOR SETBACKS.
THEN I THINK THAT WOULD BE PRETTY INTERESTING TO WATCH FOR SOME OF THE NEW REMEMBER.
YEAH, I THINK HE ACTUALLY DID OUR LAST ONE.
UM, AND IF, IF HE'S GOT A PRESENTATION TOGETHER, MIGHT IT BE POSSIBLE THAT EVEN WE MIGHT GET A LINK TO THE PRESENTATION? WHAT WAS HIS NAME? MATT MCALLEN.
I DON'T KNOW IF THAT'S THE NAME OF THE PERSON THAT'S GOING
[00:20:01]
TO GIVE US A PRESENTATION OR NOT.I MEAN, I HAVE THEM LINED UP, BUT LIKE I SAID, WE'RE AWAITING TO GET THESE TRAININGS STARTED.
I DON'T KNOW IF THAT'S THE NAME, BUT I DO HAVE THEIR PRESENTATIONS READY TO GO.
HE'S VERY, I THINK HE SAID HE WOULD MAKE TIME OFF THE CLOCK.
I MEAN, I THINK LAST ONE, I THINK THERE WERE TWO PEOPLE AND, UH, THAT POWERPOINT, I THINK, UH, UH, ELAINE SENT OUT TO LINK TO IT, UH, IN THE PAST BECAUSE IT WAS, IT WAS VERY ENLIGHTENING.
SO ANYBODY ELSE GOT ANYTHING ON
[E-8 Discussion and possible action regarding alternative meeting dates and locations]
DOES, UH, ALTERNATE MEETING DATES AND LOCATIONS.I THINK THIS IS ABOUT AS ALTERNATE AS IT COMES FOLKS.
SO I HAVE SOMETHING TO SAY I'VE REACHED OUT TO THE CITY CLERK'S OFFICE, UM, BECAUSE I KNOW Y'ALL ARE DETERMINED TO MOVE THE MEETING.
UM, THIS IS THE SAME ANSWER I GET EVERY YEAR.
THESE BOARDS AND COMMISSIONS ARE ALREADY SET UP ON THEIR DATES AT CITY HALL AND THEY ARE NOT GOING TO BUDGE.
UM, UNLESS WE REACH OUT TO THEM, WHICH I HAVE AND NO ONE IS MOVING, NO ONE'S GOING TO BUDGE.
UH, SO WE'RE PROBABLY GONNA STAY WHILE WE ARE GOING TO STAY AT OUR MONDAY MEETING AS WE HAVE BEEN SCHEDULED, UM, YEAR AND YEAR AGAIN, OVER AND OVER.
BUT THE OTHER OPTION IS TO MOVE TO PDC FROM WHAT I'M HEARING IS PDC IS JUST AS GOOD AS CITY HALL.
UM, I DON'T KNOW, CAUSE I HAVEN'T BEEN TO THEIR CONFERENCE ROOMS YET TO CHECK THEM OUT.
BUT FROM WHAT I HEAR, YOU KNOW, THAT'S, THAT'S JUST AS GOOD AS CITY HALL, BUT WE COULD PROBABLY CHANGE IT TO A DIFFERENT DAY IF WE WERE TO DO TO PDC.
BUT AS FOR CITY HALL, WE'RE NOT GOING TO BE ABLE TO, IS THAT THE HIGHLANDER MALL? NEW DEVELOPMENT.
UM, SO WE GET DOWN TO ANNOUNCEMENTS
[E-9 Announcement]
FOR NEW BUSINESS.SO AT THAT POINT, I THINK I NEED TO BOUNCE BACK UP HERE.
UM, OUR LOVELY CITY HALL, A V PERSON, WE HAVE TWO PEOPLES THAT ARE STILL, ARE STILL WORKING CITY CLERK'S OFFICE WITH THE TICKET SITTING ALL EYES.
I SEE THE CHAIR ON THE ATTENDEE LIST.
I AM ABLE TO UNMUTE HIM, BUT I CAN'T ADD HIM AS A PANELISTS.
SO I DON'T KNOW WHAT THE POLICY IS ON THAT.
AND HE SAYS, YOU NEED TO EXPERIMENT TO SEE IF WE CAN FIX THIS.
AND THEN MARTHA, DID YOU GET MARTHA? I DO NOT SEE THEM MY THOUGHT.
UM, AND I UNDERSTAND IF YOU DON'T WANT TO SHARE HER NUMBER, REBECCA, I SPENT, I DON'T SEE MARTHA ON MEDITERRANEAN WEST SHIT.
I GAVE, I GAVE MARTHA, UM, JOSEPH'S PHONE NUMBER BECAUSE SHE'S TRYING TO LOG IN AS WELL AND SHE'S HAVING TROUBLE.
SO I JUST TEXT HER, UM, JOSEPH'S PHONE NUMBER, JUST, YOU KNOW, TO HELP HER, LET THEM CHAIR.
MA'AM I'D LIKE TO MAKE A MOTION THAT WE OFFER UP POSTPONEMENTS.
ANYONE WHO ASKS FOR IT WITHOUT ANY CONSEQUENCE? YES MA'AM SO WE HAVE ONE WILLIAM, DID YOU HAVE, OH NO, I SECOND.
IT, I THINK THAT, UM, IS A GREAT IDEA AND WE HAVE ONE PERSON THAT'S WAITING IN OPPOSITION ON A CASE WHICH IS CALLED IT'S WORKED.
SO MAYBE WE COULD HEAR THAT ONE PERSON AND THEN CHECK ON THE DAWN AND DECIDE HOW TO PROCEED.
I THINK OF HER GOING TO HEAR ANY PART OF IT.
THEN I THINK WE'LL TABLE THE MEETING FOR ABOUT 10 MORE MINUTES WHILE WE TRY TO WORK OUT.
I DON'T HAVE ANY OTHER SUGGESTIONS.
I MEAN, WE'RE AT A BARE BONES NINE IF WE GO.
UM, I DON'T THINK THAT THAT'S, THAT'S VERY FAIR.
DO WE WANT TO GIVE PEOPLE THE OPPORTUNITY TO POSTPONE? IF IT GOES PAST A CERTAIN TIME, THAT MIGHT BE MAYBE, MAYBE, MAYBE, MAYBE TAKE A BREAK FOR, I DON'T KNOW, UNTIL SIX 30 AND IF WE CAN'T GO, THEN WE, WE GIVE THE APPLICANTS THE OPTION TO POSTPONE THERE TO THE NEXT MEETING.
[00:25:01]
THAT SOUNDS REASONABLE.I JUST, UH, I DON'T KNOW HOW YOU GET THE APPLICANTS ON THE PHONE TO GET THEM, YOU KNOW, TO ACTUALLY GET THEM DEREK, I GUESS WE WOULD PRESUME.
WE CAN CALL THEM IN ONE BY ONE.
THEY CAN HEAR EVERYTHING WE'RE SAYING.
YOU CAN CALL THEM IN ONE BY ONE AND GIVE THEM THAT OPTION.
SO FOR THE APPLICANTS ON THE PHONE, YOU HAVE A BODY RIGHT NOW, THAT'S DOWN A NUMBER OF VOTES WHERE IF YOU HAVE MORE THAN ONE, ANY VOTES AT ALL AGAINST YOUR CASE, YOU WOULDN'T GET THE VARIANCE.
SO FOR YOUR OWN BENEFIT, THE SUGGESTION I'M MAKING IS TO GIVE YOU GUYS THE OPTION.
IF YOU ARE NOT INCREDIBLY CONFIDENT IN YOUR CASE TO POSTPONE FOR THE NIGHT, THAT'S MY THINKING.
AND IN SAYING THAT OUT LOUD, MADAM SURE.
WE'RE GOING TO PAUSE FOR ABOUT 15 MINUTES AND TRY TO GET EVERYBODY ON AND REALIZE AT ANY POINT THOSE PHONES HAVING TEXTS DIFFICULTIES.
MADAM CHAIR, ANOTHER OPTION THAT WE'VE DONE IN THE PAST IS THE CASE.
DOESN'T HAVE THE VOTES HAVE PASSED AND WE'VE GIVEN THEM A SECOND BITE AT THE APPLE TO COME BACK.
WE CAN NORMALLY BE DONE THAT WHEN IT'S ONLY WHEN THE SUPER MAJORITY I CAN SEE DAWN.
NOW THAT'S THE FIRST TIME THAT I CAN ACTUALLY SEE DON LET'S SEE SOME PROGRESS IS YOU'RE DOING GREAT.
SO CAN ANYBODY HEAR ME ON YOUR VOLUMES DOWN A LITTLE BIT, BUT I CAN HEAR YOU.
I WAS LIMPING ALONG BECAUSE I'VE NEVER DONE IT WAY BACK.
SO WE KIND OF WENT THROUGH THE MINUTES AND NEW BUSINESS.
I DON'T KEEP GOING CAUSE I'M STILL TRYING GET THINGS WORKING.
WE'RE STILL DOWN ONE PERSON WE CAN'T QUITE GET.
SO I'VE ALREADY EMAILED MARTHA, UM, CITY CLERK'S INFORMATION.
SO HOPEFULLY SHE CAN CONTACT THEM AND THEY CAN GET HER ON.
SO WE DO HAVE 10 PEOPLE NOW, WOULD YOU LIKE TO HEAR THE OPPOSITION? OKAY.
UM, SO HAVE WE STARTED THE, WE DID THE MINUTES AND WE DID THE NEW BUSINESS ITEMS THAT THERE THEN THROUGH ANNOUNCEMENTS AND FUTURE.
AND THEN WE WERE, BECAUSE WE DIDN'T NEED A FULL BODY TO DO THAT.
AND POSTPONEMENTS AND POSTPONEMENTS.
SO WE'RE LITERALLY TO WHERE WE WOULD LISTEN TO THE OPPOSITION AND CALL THE FIRST CASE.
SO WE HAVE, UH, WE HAVE, UH, ONE PERSON IN OPPOSITION, UH, ON, UM,
THIS IS A 59 OH FIVE, UH, TRAP, UH, DORA CODE.
AND WE HAVE A LARRY LINEN SCHMIDT IN OPPOSITION.
SO MR. LINEAR SCHMIDT, IF YOU ARE A THERE, WELL, THAT'S HIS ADDRESS? UM, THE ADDRESS FOR THE PROJECT IS ACTUALLY 6,000 FOR SIERRA GRANDE DAY DRIVE.
UM, WELL MY, MY, MY BAD ON THAT.
ARE YOU ON THE LINE AFTER OUR TECHNICAL DIFFICULTIES? I HOPE WE CAN GETTING BACK I'M HERE.
CAN YOU HEAR ME? OH, NOW I CAN HEAR GREAT.
THANK YOU FOR THE OPPORTUNITY TO SPEAK.
UM, I REQUEST THAT YOU'RE NOT ALLOWED TO VARIANCE AS REQUESTED THE, UM, VARIANCE WOULD BE THE ONLY HOUSE IN OUR NEIGHBORHOOD VIOLATES THE SETBACK RESTRICTION AND THAT SET BACK RESTRICTION IS REALLY
[00:30:01]
CRITICAL FOR THE LOOK OF THE STREET AND FOR OUR PROPERTY VALUES, THE PROJECT WAS STARTED AND IT WAS ALMOST COMPLETED PRIOR TO ANY, UM, APPLICATION FOR WAIVER OF VARIANCE, OUR REQUEST FOR A BUILDING PERMIT.SO, UH, I DON'T KNOW WHAT THAT MEANS IN YOUR EVALUATION OF THE PROJECT, BUT IT SEEMS THAT THERE WAS A DISREGARD FOR SAFETY, UH, FOR THE NEIGHBORHOOD, FOR OUR NEIGHBORS, UH, IN HOW THIS PROJECT HAS BEEN CONDUCTED.
I KNOW THE CONTRACTOR MUST BE A PROFESSIONAL, SO HE, UH, ACTED KNOWINGLY AND WILLINGLY WITHOUT APPROVAL AND WITHOUT CITY INSPECTIONS.
SO I WOULD REQUEST THAT BASED ON THE AESTHETICS FOR THE STREET, THE DAMAGE TO PROPERTY VALUE AND THE FACT THAT THERE ARE NO CAR PORTS IN OUR AREA, THIS, THIS LOOKS LIKE SOMETHING THAT SHOULD BE IN THE COUNTRY AS OPPOSED TO IN A WELL KEPT WELL-GROOMED NEIGHBORHOOD IN THE CITY OF AUSTIN.
SO I WOULD, I WOULD REQUEST IT AS A BOARD.
UH, YOU DENY THIS AND ENFORCE THE CODE AND, UH, TAKE CARE OF MY NEIGHBORS AND MYSELF AND PROTECTING OUR PROPERTY VALUES.
UH, UH, AND, UM, UH, UNFORTUNATELY WE WON'T BE ABLE TO, UM, BRING YOU BACK ON LATER, BUT, UH, YOUR OPPOSITION HAS BEEN, UH, ACKNOWLEDGED HERE.
BEFORE HE GOES, UH, CAN WE ASK HER MY QUESTION? YES, ABSOLUTELY.
UM, DO YOU KNOW WHERE, UH, NOLLER, UH, SIERRA RHONDA IS 26 YEARS AGO.
I LIVED OFF OF SIERRA OAKS WHEN THAT WAS A NEW NEIGHBORHOOD BY THE GRACE.
AND SO, UM, I THOUGHT THERE WAS SOME RESTRICTIONS AT THAT TIME WHEN THE NEIGHBORHOOD WAS BEING BUILT.
AND I THOUGHT THERE WAS THE DEVELOPMENT NEEDS OF EITHER A HOMEOWNERS ASSOCIATION OR OF A NEIGHBORHOOD ASSOCIATION.
HAS THAT EVER HAPPENED? I HAVE NOT BEEN ABLE TO CONTACT THE GROUP.
THERE IS A HOMEOWNERS ASSOCIATION AND, UH, YOU KNOW, EVERYBODY I'VE TALKED TO LOOKS AT THIS AND SAID THAT IT JUST DOESN'T BELONG HERE.
UH, THERE, THERE ARE NO CAR PORCH, THERE ARE NO SETBACKS, UH, VIOLATIONS LIKE THIS IT'S A CORNER LOT, THE LOT CURVES BACK AS THEY NOTE IN THE, IN THE APPLICATION.
AND IT EXAGGERATES THE LOOK, THIS THING.
AND, UM, YOU KNOW, THEY PARK A BIG OLD PICKUP TRUCK OUT THERE.
THAT'S A MONSTER, YOU KNOW, IT'S LIKE A, IT'S LIKE A WORKER'S TRUCK AND THE GUY GETS IN AND OUT OF IT AND HIS WIFE AND THEY WALK IN AND OUT JUST FINE.
I KNOW THERE'S SOME COMMENTS ABOUT THEIR DISABILITY, BUT THEY'RE, THEY'RE SURE GETTING IN AND OUT OF THE BIG PICKUP AND THE CAR JUST FINE.
SO, UM, I'M NOT, UM, UH, I'M KIND OF SPEAKING FOR THE FOLKS THAT I'VE TALKED TO, WHICH, LIKE I SAID, WHEN I WAS, THERE WAS 27 YEARS AGO, YEARS AGO, THAT NEIGHBORHOOD WAS JUST BEING BUILT.
AND I DO KNOW THAT ALL THE HOMES HAVE GARAGES.
UH, I SAW A GARAGE AND THIS ONE, IT'S STILL AN ACTIVE GARAGE THAT YOU KNOW EXACTLY WHAT APPEARS TO BE.
AND YOU'RE, YOU'RE, YOU'RE CORRECT.
ALTHOUGH ALL THE REST OF THE HOUSES IN THAT AREA HAVE ENCLOSED GARAGE BENJI.
ABOUT MY BASIC ARGUMENT IS THAT IT WAS BUILT WITHOUT A PROPER PROCEDURE.
IT DOESN'T LOOK GOOD IN THE NEIGHBORHOOD.
IT VIOLATED THE VIOLATION WILL HARM ALL OF US BECAUSE OF THE AESTHETICS AND THE DECREASE IN PROPERTY VALUE.
AND I REQUEST THAT YOU OBJECT AND DO NOT APPROVE THE RE THE REQUESTED VARIANCE.
I APPRECIATE YOUR, YOUR TIME IN, IN POSITION ON THIS.
UM, SO, UH, LET'S GO AHEAD AND MOVE ALONG TO OUR REGULAR AGENDA.
I MISSED, I STARTED TRYING TO LOG ON AT 10 TIL OR DENTAL, UH, BEFORE THE MEETING STARTED.
SO, UM, MY, MY APOLOGIES, BUT, UH, I DID EVERYTHING BUT REFORMAT MY HARD DRIVE TO GET ON HERE.
UH, SO WE'RE GOING TO START WITH, UH, THE VARIANCES FOR NEW PUBLIC HEARINGS.
WE'LL START WITH ITEM C ACTUALLY CHAIR PROPOSAL.
[00:35:01]
OH, I'M SORRY.I THOUGHT THAT THAT HAD BEEN HANDLED ALREADY.
SO, UH, SO DO WE NEED TO GO BACK TO THE IMB, OH MAN.
THAT'S ON THE PHONE WITH DON WHEN THAT HAPPENED.
WELL, NOT A PROBLEM WITH KNOW FINALLY TO KEEP US ON TRACK HERE.
SO YES, SINCE WE HAD TO CALL THE ROLL ON THAT, IF IT WASN'T DOCUMENTED TO ME TO DO IT AGAIN, I'M SORRY.
I CAUGHT ONLY WITH HALF OF THAT.
WE DID CALL THE ROLL ON IT AND THEN POST.
SO YOU JUST HAVE TO GO BACK TO THE VIDEO TO FIND OUT HOW WE CALL IT.
NOW WE CAN GO BACK AND HEAR IT TOMORROW.
[C-1 C15-2020-0050 Rick Rasberry for Meredith Dreiss 3002 Scenic Drive]
IT'S A C 15 DASH 2020 DASH ZERO ZERO FIVE ZERO.THIS IS RICK RASPBERRY FOR MEREDITH DRIES AT, UH, 3002 SCENIC DRIVE.
THIS IS A VARIANCE, UM, UH, PERTAINING TO A BOAT DOCK AND THE PERSON I HAVE ON THE LIST TO SPEAK IN FAVOR OF THIS IS MR. S BARRIS.
WE'LL SEE, MR. RASPBERRY, CAN YOU HEAR US? I'M AFRAID WE CAN'T HEAR YOU YET.
HELLO, MR. RASPBERRY, HEAR ME, MR. RASPBERRY.
IT'S HIGH REQUESTS, VERY, UH, GREETINGS AND GOOD EVENING.
THANK YOU COMMISSIONER FOR HAVING A HEARING IN THIS MATTER TONIGHT, I AM REQUEST VERY ON THE APPLICANT AND OWNER'S AGENT.
UH, THE OWNER IS AVAILABLE FOR QUESTIONS.
WE'RE REQUESTING TO REMOVE AN EXISTING NONCOMPLIANT DOCK AND REPLACE IT WITH A COMPLIANT DOC FOR THE SAME AND CONCURRENT, UH, VARIANCE AUTHORIZATIONS AS THEY WERE ALLOWED FOR AND AN APPROVED AND RELEASED SITE PLAN.
UH, IN 2001, THE EXISTING NONCOMPLIANT AND NONCONFORMING DOCK WAS BUILT BY OTHERS.
AND UNDER PRIOR OWNERSHIP, UH, THE CURRENT OWNERS THAT SECURED PROFESSIONAL DESIGN DOC DESIGNS AND TO REPLACE, WHICH WE BELIEVE IS THE MINIMUM REQUIRED TO MAKE A VARIANCE CONDITIONS OR ANY VARIANTS CONDITIONS AND NOT BE CONSIDERED, UH, TO NOT THE PROPOSED REPLACEMENT DOCUMENT SMALLER THAN THE EXISTING REMOTE AND WITH REMOVAL OF PILINGS AND INSTRUCTOR FROM THE LAKE BED, IT WOULD RESULT IN IMPROVED NAVIGATION, DRAINAGE, WATER QUALITY OF THE SOIL.
IF PROPOSED PLANS ARE ALSO SUPPORTED BY THE WATERSHED PROTECTION DIVISION, ENVIRONMENTAL STAFF AND THE DEVELOPMENT VARIANTS WAS APPROVED FAVORABLY 11 TO ZERO BY A VOTE OF THE ENVIRONMENTAL COMMISSION ON JULY 15TH, 2020.
I ALSO BELIEVE THAT THERE'S A NUMBER OF NEIGHBORHOOD FAVORABLE RESPONSE FOR THE VARIANTS THAT WOULD BE SUPPORTABLE.
THERE'S A LOT OF DIFFERENT RECORDS AND EXHIBITS THAT WE PROVIDED.
IF WE COULD POINT TO THE PRESENTATION.
PAGE TWO IS AN EXTRACT OF THE 2001 PLAN SHOWING THE DIMENSIONS THAT WERE APPROVED AT THAT TIME.
AND THEY INCLUDED AN ADMINISTRATIVE VARIANCE FROM, UH, THE DEVELOPMENT CODE.
IT WAS ALSO APPROVED MARCH 20TH, 2002.
UH, PAGE THREE OF THE PRESENTATION WOULD SHOW THE EXISTING CONDITIONS, UH, THE EXTENT OF THE NONCOMPLIANCE BEING, UH, ENCLOSURES, UH, EXCEEDING WITH SOME LINKS.
SO THE, UH, OWNERS ARE PROPOSING TO PROVIDE A, A REMOVE AND REPLACE DOCK WITH THE SAME 30 WIDE, UH, PROVISIONS AS WE'RE ALLOWED FOR IN THE ORIGINAL APPROVAL.
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I'LL, UH, BE AVAILABLE FOR ANY QUESTIONS, WHAT WOULD BE ALLOWED UNDER POTENT TODAY BECAUSE THAT'S A 19 OR 18 YEAR OLD VARIANCE OF WHAT IS ALLOWED UNDER CODE TODAY? WHAT IS 20%? 20% OF THE EXISTING SHORELINE WOULD BE 20, 20 FEET.AND IT WOULD BE 20 BY 30 OR 20 BED NEED TO, WELL, THE, THE CONDITION OF THE SHORELINE WOULD BE LIMITED TO, UH, UNDER THE RURAL PROVISIONS WILL BE LIMITED TO 20.
ANY OF THE, THE WIDTH WOULD BE, UH, A DETERMINATION OF, I GUESS, THE APPROVING AUTHORITIES IN THIS CASE IN 2001, THE APPROVAL ALLOWED FOR 22, A DEPTH DEPTH OF 22 FEET.
SO UNDER CURRENT CODE WITH ATTERBURY, HENCE WE ARE ALLOWED 20 BY 22 FEET.
IS THAT CORRECT? 22 FEET, THE DISTANCE OF THE SHORELINE MEASURED LINEARLY, THE DISTANCE NORMAL DISTANCE INTO A WATERWAY WOULD ALLOW FOR UP TO 30 FEET.
THIS IS IN THE BACK OF THE SLEW.
SO WE'RE IN AN UNUSUAL GET THAT ON THIS EXACT PROPERTY, AMBER CURRENT CODE.
UM, I'M TRYING TO SEE WHAT IS ALLOWED UNDER CURRENT CODE.
NOW, IF YOU'RE ASKING FOR NOT, YOU KNOW, JUST WHAT IS ALLOWED, UM, THIS SPECIFIC PROPERTY UNDER CURRENT CODE, LET THEM VOTE DOC, 20% OF THE SHORELINE FRONTAGE, OR NO GREATER THAN 1200 SQUARE FEET FOR THE, FOR THE ENTIRE STRUCTURE, 1200 SQUARE FEET WOULD BE THE RURAL PROVISION.
WE'RE WE'RE FAR UNDER THAT, UH, REQUEST.
WELL, BUT WHAT WOULD YOUR DIMENSIONS AT THE BAR? BOOM.
BUT RIGHT NOW YOU'RE ASKING FOR 30 BY 22.
SO, BUT WHAT WOULD BE ALLOWED AND COME, WHAT DIMENSIONS WOULD BE ALLOWED UNDER THE CODE? THE CODE IS ONLY GOING TO RESTRICT THAT SHORELINE PROVISION HERE WITH THE CAVEAT THAT THE STRUCTURE WOULD BE NO GREATER THAN 1200 SQUARE FEET.
AND THIS PARTICULAR CASE INSTRUCTOR CAN'T BE BUILT INTO THE WATERWAY IT'S IN THE BACK OF THE SLEW.
SO HOW FAR A OWNER COULD BUILD UP IN THE PROPERTY IN THIS PARTICULAR CASE IS LIMITED BY THE GEOLOGY.
UH, WE BELIEVE THAT GEOLOGY REPRESENTS THE MINIMUM DESIGN FOR WHICH WE CAN ACHIEVE THE RECREATIONAL APARTMENT ON THAT, ON THAT LOT SAID, THERE'S NOT A DEPTH, THERE'S NOT A DEPTH LIMITATION INVITATION.
SO, SO WE'RE, WE'RE DISCUSSING 20%, 20 FEET, 30 FEET BY THE DEFINITION OF THE RULE.
BEFORE WE MOVE FORWARD, LET ME, UM, UH, CLOSE THE PUBLIC HEARING, AND THEN WE CAN ASK ADDITIONAL QUESTIONS OF THE APPLICANT.
SO, UM, THE, UH, PREVIOUS DOC, UM, HAD A, UM, AREA FOR ONE BOAT, IT LOOKS LIKE TO COME INTO AND THE, UH, NEW PROPOSED DOCK IS GOING TO JUST HAVE NO ACTUAL AREA THAT, THAT BOATS WOULD JUST COME UP AGAINST THE EDGE OF THE DOCK.
MR. CHAIRMAN? THAT IS CORRECT.
SO, UH, IN PRACTICAL TERMS, THE 20 FEET VERSUS THE 30 SEAT, YOU'RE PROBABLY ONLY GOING TO BE ABLE TO GET ONE BOAT ALONGSIDE THAT FACE OF THE DOCK AT ANY ONE TIME.
ANYWAY, IS THAT SAFE TO SAY THAT'S A VERY REASONABLE ASSUMPTION.
IF WE, IF AN OWNER CAN EVEN GET A DOCK INTO THAT PARTICULAR AREA, NOW THAT THERE'S LESS THAN SIX INCHES OF WATER IN THAT PARTICULAR AREA OF THE SUITE, BUT THEY WOULD LIKE TO MAINTAIN THE ABILITY TO, UH, MORE AT LEAST ONE, ONE, UH, BOAT THERE.
AND THAT'S, THAT WOULD BE THE RESULT OF THIS PROPOSAL WILL BE LIMITED TO ONE BOAT.
SO, SO, UM, SO IT REALLY ISN'T THERE TO NAVIGATE BOLTS.
UM, PART OF THE, PART OF THE LINK ANYWAY, IS WHAT YOU'RE SAYING
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IN TERMS OF, UH, LIKE, UH, UH, UH, YES, SIR.SO, SO WHAT IS THE HARDSHIP THEN IN THIS? UM, IF IT REALLY IS JUST A RECREATIONAL BUILDING, UH, NOT EVEN A FUNCTIONING DOC, PER SE, IN TERMS OF GETTING PEOPLE IN AND OUT OF BOATS, MAYBE A KAYAK, THEY TEND TO ONLY HAVE SIX INCHES OF DEPTH OR WHATEVER THEIR, UM, BETWEEN DOING A 20 FOOT VERSUS A 30 FOOT.
I UNDERSTAND THAT 30 FOOT WAS ALLOWED BEFORE THAT THAT'S NOT COMPLIANT WITH THE ORDINANCE AT LEAST TODAY.
SO WHAT IS THE HARDSHIP THAT IS MAKING THIS, UM, A REQUIREMENT HERE THAT YOU COULDN'T JUST NIP OFF 10 FEET? WELL, I THINK IF WE, YOU KNOW, RIGHT UP FRONT, IF THERE'S A DENIAL ON THE REQUEST TO THE CURRENT OWNER OF THE PROPERTY WOULD, UH, YOU KNOW, FIND A NEW THING, NONCOMPLIANT NORM NONCONFORMING CONDITIONS ON THE.TO, TO BE KIND OF HARD TO OVERCOME.
IF THERE'S NOT AN APPROVAL AT SOME LEVEL TO REPLACE IT IN SOME FORMAT, IT IS NONCONFORMING IN MANY DIFFERENT WAYS.
MOST OF WHICH IS THE, UH, ENCLOSURE OF THE STRUCTURE, WHICH IS NOT ALLOWED ON THE LA ZONE.
SO IT CREATES A HARDSHIP IN A NUMBER OF DIFFERENT WAYS FROM, UH, HOW DO, HOW DO THE OWNERS REMEDY A NONCOMPLIANT SITUATION TO, UH, YOU KNOW, YOU KNOW, WHAT, WHAT, WHAT OTHER OPTIONS WOULD THE OWNERS HAVE TO MAKE YOU THINK? WHAT THEY'RE TRYING TO DO IS MAKE THE, MAKE A BAD CONDITION GOOD.
AND WE BELIEVE THIS IS THE MINIMUM THAT WOULD BE REQUIRED TO DO THAT.
SO IF YOU ARE TO TAKE OUT THE NONCOMPLIANT, YOU ARE REMOVING FROM THE LAKE, THE, TELL ME ABOUT WHAT YOU'RE DOING, BUT IF YOU, IF THE DOG STAYS THERE, IT JUST STAYS THERE APU YOU COME AND WORK ON IT, WHAT HAPPENS TO MAKE THE CONDITION BETTER? YEAH.
I'M SURE THE, THE PROPOSAL WOULD INCLUDE REMOVING THE PILING FROM A LIGHT BED AND THE WAY ENCLOSURE IN ITS ENTIRETY, UH, FROM ON, ON THE SHORELINE LIMITING, UH, THE BUILD BACK TO JUST A SMALL DECK AND MARINE STORAGE AREA WITH A, A RAISED AREA, UH, UM, ABOVE THAT.
SO LIFTING THE MATTERS OUT OF THE FLOOD, PLAIN LIFTING THE, UH, REMOVING THE PILINGS OUT OF THE LAKE BED, INCREASING THE DRAINAGE CONDITIONS AND, UH, AND PRESERVING THE WATER QUALITY OF THE AREA.
SO YOU'RE, YOU'RE PULLING IT BACK IN HOSEL, THE PRO THE PROS DOC WOULD CANTOR LEAVE HER OVER THE WATERWAY.
UH, THERE WOULD NOT BE ANY, ANY PILINGS OR STRUCTURES INTO THE, INTO THE LAKE BETH ON THE SHORELINE.
THE PILINGS THAT ARE IN THE LAKE BED REMOVE THOSE OUT, AND THAT ENTIRE STRUCTURE WILL BE REMOVED AND MOVED BACK.
UH, SO THAT NAVIGATION, THAT PARTICULAR NAVIGATIONAL NONCOMPLIANCE COMPONENT WOULD BE REMEDIED WITH A PROPOSAL.
SO ONE OF THE, THE EXISTING NONCOMPLIANCE WITH NAVIGATION WOULD BE REMEDIED WITH THAT.
AND THIS HAS ALREADY GONE TO THE ENVIRONMENTAL BOARD AND RECEIVED SUPPORT.
UH, SO IF YOU TAKE A LOOK ON PAGE C, ONE 81, EXHIBIT 20 DASH 21, YOU HAVE A PICTURE OF THE, I BELIEVE THAT'S THE CURRENT STRUCTURE THAT IS IN PLACE.
IS THAT CORRECT? LET ME FIND MY WAY TO EXHIBIT 20 DASH 21.
WELL, WE ALSO HAVE A PICTURE OF THE EXISTING IN HIS PRESENTATION ON C1 PRESENTATION, A PAGE THROUGH.
CAUSE I'M GOING TO GET TO SEE ONE 81.
AND I HAD A QUESTION ON THAT BECAUSE IT LOOKS THE WAY THE PICTURE IS TAKEN.
MY QUESTION IS WHERE IS IT TAKEN FROM? IS, IS THAT DOC RECESSED BACK ON, IN A LITTLE EDIE OFF TO THE SIDE? I MEAN, WHAT, HOW DID YOU, OKAY NOW FOLLOW YOUR COMMISSIONER? YES.
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PICTURE WOULD DEMO.THE PICTURE IS TAKEN FROM THE FLU.
BOTTOM PICTURE WILL BE TAKEN AWAY FROM THE DOC AND THEN THE CLOSEUP PICTURE WAS TAKEN FROM THE SAME POSITION.
SO IT'S SHOWING YOU THE WIDTH OF THE, OF THE SLOW, JUST HOW NARROW IT IS AND THE RELATIONSHIP OF THE SLEW TO, TO THE DOCK EXISTING DOCK.
SO YOU USE THE FLU TO ACCESS THE LAKE.
IS THAT CORRECT? IS THAT AN ASSUMPTION, CORRECT ASSUMPTION.
THE SLEW AS A CON, AS A CONNECTED A TRIBUTARY OF THE WATER BOTTLE, TRADITIONALLY THIS PARTICULAR SLEW HAS HAD MUCH MORE NAVIGATIONAL ABILITY IN THE LAST 10 YEARS.
ITS SEDIMENTATION HAS REALLY TAKEN OVER THE SLEW TO WHERE IT'S LIMITED THE NAVIGATIONAL ABILITY, BUT, UH, A RAINSTORM CAN CHANGE THINGS AND, AND RECREATE, UH, RE NAVIGATIONAL ABILITIES.
SO I GUESS MY QUESTION IS THAT YOUR DOC IS THE WAY THESE PICTURES ARE LOOKING IS, IS ALMOST LIKE AS IF THE DOC IS NOT DIRECTLY RIGHT ON THE LAKE.
IT'S ON IT'S ALONG THAT FLUTE, BECAUSE I NOTICED THERE WAS SOMETHING ABOUT DREDGING TRYING TO FIVE CUBIC YARDS OR WHATEVER THE METRONOME IS ABOUT TO, UH, TO ACCESS IT.
IS THAT, IS THAT CORRECT? THE WAY I'M SEEING THIS THAT'S CORRECT.
THE, THE OWNER, ALL THE OWNERS OF THE, UH, UH, THE EXISTING DOCK ALSO OWN A LOT.
THAT'S A TORT LAKE SIDES TOWARDS THE LAKE OR IN THE BOTTOM PICTURE, MORE TOWARDS THE LAKE.
THEY OWN THAT WATERSHED PROTECTION DIVISION, UH, APPROVE THE CONDITIONS BASED ON THE PROPOSAL THAT, THAT, UH, DREDGING IS INVOLVED TO LIMIT THE SECOND LOT TO, IN ORDER TO GET THE, UM, BE ABLE TO GET THE, UH, THE, THE, THE BOAT DOCK, THE BOAT IN THERE FOR THE, FOR THE REMOVAL AND THE REPAIRS REPLACEMENT.
AND SO WHERE DOES THAT, WHERE DOES THAT GO TO, HOW FAR DOES IT GO AND WHERE DOES IT GO? CAUSE I SEE THE BUILDINGS ON THE RIGHT HAND SIDE AND I SEE LAND ON THE LEFT HAND SIDE.
SO IF I WAS TO TURNER, EXCUSE ME, ONE SECOND.
IF I WAS TO TURN AROUND 180 DEGREES, WOULD I BE LOOKING AT THE LAKE? YOU'D BE LOOKING AT THE WAY THE, THE SLEW WOULD BE OPENING UP.
AS YOU'RE LOOKING BACK ON THE LEFT SIDE IS MAYFIELD PARK.
ALL OF THAT SHORELINE, THERE IS MAYFIELD PARK AND WILL NOT BE DEVELOPED.
AND THE EXISTING DOCK IS JUST IN THE VERY BACK OF THE SLEW.
THERE'S ONE MORE LOT THAT COULD POTENTIALLY BE DEVELOPED ON THE SAME SIDE, BUT THE GEOLOGY JUST WOULD NOT ALLOW FOR THAT.
IT WOULD NOT BE LIKELY THAT THERE'D BE ANY ADDITIONAL DEVELOPMENT BACK IN THAT SLU, ONLY THIS DOC.
UH, YEAH, KELLY, A QUESTION FOR THE APPLICANT.
COULD YOU NOT ROTATE THE ANGLE OF THE BIRTHS 90 DEGREES AND THEN PARK THE BOAT, SORT OF BRING THEM IN LENGTHWISE INSTEAD OF PARALLEL TO THE SHORE.
I MEAN, YOU COULD DO THAT IN LESS THAN 30 FEET, EVEN WITH TWO BOATS.
I'M NOT SURE I'M FOLLOWING THE QUESTION, BUT IT DOES MAKE A TURN RIGHT THERE.
SO WE'RE, WE'RE NOT ASKING YOU TO DISTURB ANYTHING.
WE'D JUST BE PULLING MORE IN THE VEHICLE ADJACENT TO THE SHORE ALARM.
BUT INSTEAD OF LEAVING THEM ADJACENT, WHAT IF YOU MADE A RIGHT TURN 90 DEGREE TURN, IF YOU'RE COMING IN FROM THE LAKE AND BROUGHT THEM IN, UM, VALVE FIRST INTO A DOCK STRUCTURE, I MEAN, YOU WOULDN'T NEED 30 FEET OF SHORELINE WITH ALONG THE SHORELINE TO ACCOMMODATE TWO BOATS.
IF YOU ANGLED THEM DIFFERENTLY WITHIN THE SPACE THAT YOU'RE ALLOCATING FOR THE DOCK OR IS, IS THERE SOME REASON WHY IT HAS NOT HAVE A GLOBAL? MAYBE I, SORRY, IT'S HARD TO EXPLAIN OVER THAT.
I THINK THERE'S A NUMBER OF QUESTIONS THERE.
I'M NOT SURE WHICH ONE I CAN TARGET OR KELLY AND MR. CHAIRMAN GO TO PAGE C ONE 79.
CAN YOU TELL US WHICH PART MICHAEL? UH, IT'S CALLED.
IT'S A, OH, YOU'RE GOING TO ASK ME IF I GO BACK.
I'D PROBABLY, I WANT TO SAY IT'S A FOUR.
LET ME GO BACK HERE AND SEE WHAT I DID.
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THAT IS A PROPERTY PROFILE, BUT IT'S A BIRDS EYE VIEW LOOKING DOWN AT IT AND WHAT I'M, THIS IS WHERE I WAS COMING FROM EARLIER.AND I DO HAVE ANOTHER QUESTION THAT WILL PROBABLY ANSWER KELLY'S QUESTION.
IF YOU TAKE A LOOK AT IT, YOU CAN SEE WHERE LAKE AUSTIN COMES AROUND AND THEN HIS PROPERTY, IT LOOKS TO ME LIKE YOUR PROPERTY IS NOT RIGHT ON THAT DOCK IS NOT, AS I SAID EARLIER, IT'S NOT RIGHT ON LAKE AUSTIN.
IT ACTUALLY GOES DOWN, BACK A LITTLE BIT DOWN THAT, UM, I CALL IT A FLU.
I FORGOT THE TERMINOLOGY YOU USE, SIR.
BUT AS IN, BECAUSE IF YOU GO DOWN, THAT'S WHERE I WAS ASKING YOU,
THAT'S LOOKING AT THAT RIGHT AROUND THAT BAND.
SO I THINK THE QUESTION THAT KELLY WAS ASKING, SIR, IS WHAT IS THE WIDTH OF THAT? IF YOU GO TO SEE 81, SEE ONE 81, THE BOTTOM PICTURE, THAT'S WHERE IT ACTUALLY GOES BACK.
WHAT IS THE WIDTH OF THAT? WHERE YOU TOLD ME MAYFIELD PARK IS ON THE LEFT AND THEN THE STRUCTURES ON THE RIGHT.
CAUSE THAT DOESN'T THAT'S ACROSS FROM, YES, SIR.
IF YOU WERE PERPENDICULAR OR RIGHT ACROSS FROM THE DOCK, IT'D BE LESS THAN 40 FEET.
YOU CAN IMAGINE LOOKING AT THE PICTURE WHERE DOWN AT THE LEFT THERE TO SOME AQUATIC VEGETATION, RIGHT AT THE SHORELINE, THE WIDTH OF THAT OPENING RIGHT IN THERE, IT'S PROBABLY LESS THAN 25 TO 30 FEET IN WIDTH.
AND THEN BASED ON WHAT I'M SEEING UP HERE, IT LOOKS LIKE IT OPENS UP A LITTLE BIT AND THEN IT MAKES THAT CURVE BACK TO THE RIGHT WHERE YOUR, THE BLUE CIRCLE IS.
THAT'S WHERE YOUR PROPERTY IS, CORRECT? THAT'S CORRECT.
AND WHERE YOUR PROPERTY IS, THE WIDTH OF THAT IS YOU WERE SAYING LESS THAN 40 FEET FROM SHORE TO SHORE.
AND SO WHAT YOU'RE GOING TO DO, AND I'M TRYING TO GET THIS, UH, UH, THIS PICTURE IN MY CONSTRUCTION HEAD.
SO WHAT YOU LOOKING AT IS REPLACING THAT STRUCTURE, BUT YOU'RE NOT GOING TO BE PROTRUDING ANY FURTHER INTO THE WATER BECAUSE TECHNICALLY YOU CAN'T, YOU'RE GOING TO CREATE A BOTTLENECK.
SO, CORRECT ME IF I'M WRONG, YOU'RE LOOKING AT THE LANG EXCUSE ME, I'M SORRY.
THAT WAS NOT, ISN'T SUPPOSED TO BE HAPPENING, BUT ANYHOW, UM, THE, UH, SO YOU'RE LIMITED IN HOW FAR YOU CAN GO INTO THE WATER.
IS THAT CORRECT? I SORT OF LOST MY TRAIN OF THOUGHT.
THE RULE PROVIDE FOR A PERCENTAGE LIMITATION.
IN THIS CASE, WE'LL REMOVE THE STRUCTURES OUT OF THE LAKE BED AND WOULD REMOVE ALL OF THAT, A STRUCTURE THAT WOULD OPEN UP ENTIRE NAVIGATION.
SO WHILE THE ADMINISTRATIVE VARIANCES AND PREVIOUS LAND USE VARIANCES A LAB FOR WHAT I CAN TELL FROM REVIEW IN THE PREVIOUS SITE PLAN ABOUT CONSUMING ABOUT HALF OF THAT PARTICULAR FLU, WHERE WE'RE ASKING TO REMOVE THE PILINGS AND THE STRUCTURE OUT OF THE SLOOP, SO THAT DRAINAGE AND NAVIGATION CAN OPEN UP THERE, TURN YOUR BOAT AROUND, PULLING UP NEXT TO THE DOCK AND DOCKING IT TO THE SIDE.
HOW DO YOU GETTING IT BACK OUT TO THE LAKE? IT WOULD HAVE TO GO IN REVERSE FOR A PERIOD OF DISTANCE, DEPENDING ON THE SIZE OF THE VESSEL.
SOME BETHEL'S WOULD BE ABLE TO MAKE A TURN.
SOME WOULD NOT LARGER ONES WOULD NOT, SOME SMALLER ONES WOULD BE ABLE TO TURN AROUND.
KELLY, YOU HAD YOUR HAND BACK UP AGAIN.
I GUESS TO GO BACK TO MY QUESTION, CAUSE I DIDN'T REALLY ANSWER IT BEFORE.
LIKE IN PART ONE OF OUR PACKET, UM, PAGE C ONE SLASH 13, YOU'RE BASICALLY SHOWING AT THE TOP LEFT CORNER THAT THE BOATS ARE PARKED PARALLEL IF IT WAS A PARKING LOT.
AND I WAS ASKING YOU WHAT, INSTEAD OF DOING PARALLEL PARKING, YOU DID 90 DEGREE ANGLE PARKING WOULD THAT MIGHT ADDRESS YOUR ISSUE, GETTING THE BOATS IN AND OUT OF THE SLU.
UM, BUT THE ADVANTAGE OF GOING WITH 90 DEGREE PARKING IS THAT YOU DON'T NEED 30 FEET OF WIDTH TO ACCOMMODATE IT.
YOU MIGHT NEED MORE THAN 20 BECAUSE OF WALKWAYS AND SUCH, BUT NOT AS MUCH AS THE 30 THAT YOU'RE ASKING FOR.
THERE'S ONLY A DISTANCE OF ABOUT 20 TO 25 FEET SHORE TO SHORE RIGHT THERE.
UM, THE TWO WATERCRAFT ARE JUST THE REPRESENTATION ILLUSTRATE MY RULE, THE ABILITY TO MORE TO CRAFT THERE.
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I DON'T THINK THE OWNERS INTEND TO USE THE DESIGN OF THOSE PARTICULAR VEHICLES.THEY'RE JUST FOR ILLUSTRATION PURPOSES.
I'M 90 DEGREE TURN ON A 23 LINK.
BETHEL WOULD ALMOST BE NEAR SHORE TO SHORE AT THAT DISTANCE.
SO I DON'T SEE THAT I WAS ASKING FOR IF THERE WAS A NAVIGATIONAL REASON WHY YOU COULDN'T DO THAT.
DARYL, DID YOU HAVE YOUR HAND UP? I'M SORRY, IMMEDIATE YOURSELF.
ARE THERE ADDITIONAL, UH, QUESTIONS OF THE APPLICANT? UH, OKAY.
SO I'LL JUST, UM, I'M HAVING DIFFICULTY UNDERSTANDING THE, UM, HARDSHIP HERE.
UM, AND, AND ACTUALLY, UH, KELLY, WHAT YOU HAD MADE REFERENCE TO, WHICH IS C ONE 13, WHICH IS IN PART ONE IN OUR BACKUPS, IT SHOWS A MUCH BETTER, UM, NOTION OF WHAT IT IS THAT WE'RE DOING.
SO AT THE LAKE LEVEL ITSELF, UM, IT IS ONLY IN HERE, HOLD ON.
JUST ONE PLAN THAT WE CAN ACTUALLY READ.
UM, THE OVERHEAD, THE SECOND FLOOR IS 30 FEET WIDE.
THAT FLOOR AT THE, AT THE, UM, AT THE LAKE LEVEL IS 23 FEET AND THREE QUARTERS OF AN INCH.
I'M NOT SURE WHY ANY OF THAT IS, IS WHAT IT IS.
UM, AND IF YOU, IS EVERYBODY LOOKING AT THAT SHEET HERE, UH, THIS IS C1 13 IN PART ONE.
UM, SO IT HAS AGAIN, 11 ONE PLAN, WHICH THE TWO SMALL BOATS DON'T EVEN, YOU KNOW, UH, SO BASICALLY THIS, REGARDLESS OF WHAT WE DO, YOU'RE GOING TO GET ABOUT ONE BOAT, A LARGER BOAT UP AGAINST HERE, AND IT LOOKS LESS AND LESS LIKE IT'S REALLY A DOCK AND MORE AND MORE LIKE IT'S JUST A, UM, A LITTLE LAKE HOUSE OR A LITTLE, UM, UH, THING FOR, FOR FOLKS TO GO OUT THERE AND SIT IN THE SECOND FLOOR WITH A LARGE BALCONY AROUND THE PERIMETER, FOUR FEET, FOUR FEET AND SEVEN FEET, EIGHT, UH, WITH A SCREENED IN AREA, UM, THAT THEY CAN OVERLOOK, UH, MAYFIELD PARK FROM.
UM, AND ON THE RARE OCCASION THAT SOMEONE CAN NAVIGATE THIS VERY SHALLOW, UM, SLU WAY THAT YOU'RE GOING TO GET MAYBE, YOU KNOW, A COUPLE OF KAYAKS UP THERE OR, OR A SHALLOW BOTTOM JOHN BOATS, UM, I'M HAVING TROUBLE UNDERSTANDING WHY 30 FEET IS NEEDED, UH, OTHER THAN, UH, THE AMENITY THAT THE PEOPLE WANT A BIGGER SCREENED IN AREA ABOVE, BUT THEY HAVE A WALK AROUND.
UM, AND, UH, YOU DON'T HAVE TO HAVE WALK AROUND THAT ENTIRE COURT.
UM, YOU KNOW, FULL FEET ON ONE SIDE COULD GO AWAY.
THE INSIDE OF THAT SCREEN IN AREA WOULD BE SMALLER THAN IT IS.
UM, SO I DON'T, UH, WITH, UH, WITH A BRAND NEW BOAT DOCK I'M IN, UNLESS SOMEONE ON THE BOARD CAN CLUE ME IN, UH, I DON'T UNDERSTAND WHAT THE HARDSHIP IS, MELISSA.
SO IF YOU LOOK AT THE PROJECTION, THAT'S CURRENTLY NOW IN THE LAKE IN ACTUALLY IN ACTUALLY REMOVING THE EXISTING DOCK, YOU'RE MAKING THE CONDITION OF THE SLEW MUCH BETTER BECAUSE YOU'RE MOVING ALL THE PERTINENT OUT OF THE DOCK, OUT OF THE WATER AND ACTUALLY CREATING A MORE NAVIGATION CHANNEL.
UM, AND THERE ARE A LOT OF DOCS ON THE LAKE THAT ARE TWO STORY.
IF YOU LOOK AT THE CONFIGURATION OF THE SLOT, IT ACTUALLY NARROWS WHEN IT GETS TO THE SHORELINE, AS OPPOSED TO SOME OF THE SQUARES NEIGHBORS DIRECTLY ADJACENT, UH, ON THE LEFT.
I MEAN THERE, BECAUSE HIS LOCK COMES DOWN AND, AND NARROWS HIS DISTANCE IS SOMEWHAT LIMITED BY THAT.
SO YOU'RE SAYING THAT THE PUBLIC GOOD IS SERVED BY
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US ALLOWING WHAT THEY WANT, SO THAT THEY'LL GET RID OF WHAT WAS BUILT THERE ORIGINALLY, WHICH DOESN'T LOOK LIKE IT WAS EVEN A COMMENSURATE WITH WHAT WAS APPROVED, THAT THEY BUILD SOMETHING THERE THAT I WOULD SECOND THAT MR. CHAIRMAN, BECAUSE IT IS CURRENTLY RIGHT NOW, IT'S ALSO NONCOMPLIANT AND IT REALLY DOESN'T LOOK THAT SAFE TO ME.WELL, YEAH, WITH THE, IN THE PROCESS OF GRINDING, THE VARIANCE ALSO COME THE ABILITY FOR THEM.
NOW THEY'RE NOT ASKING FOR A VARIANCE FOR THEIR DRAGON, WHICH IS GOOD.
AND I'M ALSO GLAD IT WENT THROUGH ENVIRONMENTAL, BUT IT WILL HELP CLEAN UP THAT AREA TO MAKE IT A LITTLE BIT MORE NAVIGATABLE NAVID.
YES,
UH, IF YOU LOOK AT THOSE DRAWINGS VERSUS WHAT IT IS ON THE GROUND, UH, IT DIDN'T SHOW A POCKET FOR A BOAT TO PULL INTO, UM, THAT, THAT I COULD TELL.
UM, SO, UM, YOU KNOW, AGAIN, WHAT THEY'RE ASKING FOR IS A VARIANCE TO HOLD ONTO THIS MAGICAL 30 FEET, BUT THE YOU, THE, THE WAY THAT THE DOCK IS UTILIZED IS ENTIRELY DIFFERENT THAN WHAT WAS THERE BEFORE, BECAUSE THERE ISN'T A POCKET FOR THE BOATS.
AND, UM, AND SO W MELISSA, I MEAN, IS THAT, IS THAT ESSENTIALLY WHAT YOU'RE SAYING THAT RATHER THAN KEEP THE EXISTING DOCK, WHICH IS A REALLY A PROBLEM AND PROBABLY SHOULD NEVER HAVE BEEN, AND THEY, ENVIRONMENTAL BOARD VARIANT WAS THAT UNANIMOUS, MR. RASPBERRY, MADAM CHAIR, THAT WAS 11.
OH, YOU HAVE A UNANIMOUS ENVIRONMENTAL IMPORTANT BONE TO REMOVE, TO REMAIN THE STRUCTURE.
I THINK THAT'S PRETTY TELLING BROOKE, BROOKE.
THE ENVIRONMENT HOLDS A LOT OF WHITES ME, BUT I'M, DON'T, IN SOME WAYS I'M NOT A MOLD HEARTBURN BECAUSE THEY'RE GOING TO REMOVE THIS DOC NO MATTER WHAT, AND THEY COULD MAKE IT A LITTLE SMALLER AND STILL DO ALL OF THOSE, THAT GOOD ENVIRONMENTAL THINGS MOVE, THE PEERS DO ALL THE WORK, BUT I'M STILL TRYING TO FIGURE OUT WHY IT HAS TO BE THIS SIZE, BECAUSE IT'S GOING TO BE BRAND NEW.
IT'S NOT DOING THE BANKS ON A BLANKET LAW.
UM, BUT I DO APPRECIATE THAT ENVIRONMENTAL APPROVED IT UNANIMOUSLY.
SO, OR THEY COULD JUST LEAVE IT THERE.
I DOUBT THAT THEY'RE LEADING IT THERE.
THEY WANT TO HAVE THAT SECOND STORY.
THEY COULD STILL DO THAT SCREENING ROOM.
WE COULD STILL HAVE A PLACE FOR THEIR BOAT.
THERE'S NO WAY THEY WERE A NICER DOG, BUT WEREN'T A TWO STORY DOG.
SO I'M ASSUMING THAT IT'S GOING TO BE THAT.
SO I DON'T KNOW WHAT I'M SAYING IS THAT THAT'S MY PROBLEM, BUT I DO APPRECIATE, AND ENVIRONMENTAL HOLDS A LOT OF WEIGHT WITH ME.
AND SO I'M JUST SAYING WHAT MY PROBLEM IS WITH, RIGHT? YEAH.
I AGREE WITH BROOKE'S COMMENTS, BUT I HAVE A QUESTION FOR THE APPLICANT.
UM, UH, MR. RASPBERRY, ARE YOU STILL ON THE PHONE? YES.
UM, IN YOUR APPLICATION, ON THE SECTION WHERE YOU SAID THE HARDSHIP IS NOT GENERAL, IT'S GENERAL TO THE AREA, UM, YOU'VE ADDRESSED THAT AS FOLLOWS.
YOU SAY EACH OTHER RESIDENTIAL LOT IN THE AREA HAS BEEN GRANTED SITE PLAN PERMITS, BUILDING PERMITS AND SITE PLAN EXEMPTIONS FROM THE CITY TO DEVELOP A BOAT DOCK AND OTHER NECESSARY APPURTENANCES FOR THE RECREATIONAL USE AND ENJOYMENT OF THE LAKE, AUSTIN WATERWAY, ANY DENIAL OF A REQUESTED VARIANCE WOULD EFFECTIVELY INVOKE REASONABLE USE HARDSHIP, UNIQUE TO THE PROPERTY.
NOW, I THINK I KNOW WHAT THAT MEANS, BUT I'M NOT SURE I UNDER, BUT I'M NOT SURE.
SO CAN YOU, UH, CAN YOU NET OUT THAT ANSWER FOR ME, BECAUSE WHAT I'M READING HERE IS THAT YOU'RE SAYING THAT THE OTHER HOUSES HAVE GOTTEN PERMITS OR BOAT DOCKS.
YOU SEEM TO SUGGEST THAT ALL THE OTHER HOUSES HAVE GOTTEN VARIANCES, WHICH IS THE ONLY, AND THEN YOU'RE SUGGESTING THAT A BOAT DOCK IS A NECESSARY A PERTINENT.
AND YOU'RE ALSO SAYING THAT A DENIAL OF A VARIANCE IS ITSELF A HARDSHIP.
DO I HAVE THAT WRONG? WELL, LET ME START WITH THE, UM, THE IDEA OF A HARDSHIP AND THIS PARTICULAR CASE MAY BE, IT MIGHT HAVE BEEN MORE PRUDENT FOR US TO ASK
[01:10:01]
FOR AN APPEAL TO A DETERMINATION.AND WHEN WE SAY THE HARDSHIP IN THIS PARTICULAR CASE MIGHT INVOLVE IF DENIED, UH, IT WOULD DENY THE REMOVE AND REPLACE SITE PLAN RULES, WHICH WOULD ALLOW FOR THE OTHER COMPULSORY AND COMMENSURATE DOCK OWNERS TO IF THEY WERE GRANTED A DOC THAT EXCEEDED THE RULES IN 82 OR 84 OR 2002, AND COULDN'T MEET TODAY'S RULES THAT THEY WOULD HAVE TO COME IN COMPLIANCE WITH TODAY'S RULE.
SO THAT'S REALLY WHAT THE HARDSHIP IS TO REMOVE AND REPLACE CONDITIONS THAT WERE APPROVED AND ALLOWED IN 2002 WITH A MINIMUM CONDITIONS THAT WERE SPECIFIC TO THE AREA THAT WERE COMMENSURATE FOR THE AREA.
THE OTHER SITE PLANS, EXEMPTIONS AND APPROVALS WERE ALSO COMMENSURATE BASED ON THEIR SITE CONDITIONS AND RULES AT THE TIME.
SO THAT'S REALLY WHAT I'M SPEAKING TO HERE.
WE THOUGHT W AND FOLLOWING THE LEAD OF STAFF TO BRING THIS FORWARD, AS THEY REQUEST FOR VARIANCE, RATHER THAN AN APPEAL, UH, IN LIGHT OF THE SOCIAL DISTANCING AND CONDITIONS MADE IT JUST LESS OF AN ARDUOUS TASK.
SO I SEE WHERE THE HARDSHIP QUESTION CAN BE RAISED HERE.
I'M NOT REAL SURE THAT IT WOULD STOP YET PRECISELY AS THE METHOD BY WHICH WE MEASURE IT, SUCCESS OR FAILURE.
GLAD YOU GOT TO WHERE, AND THANK YOU VERY MUCH FOR SAYING SO, AND THAT'S A GOOD ANSWER, CAUSE I'M GLAD YOU GOT TO WHERE I WAS GOING, WHICH IS THAT MY, MY REAL QUESTION HERE IS WHETHER A VARIANCE IS THE BEST AVENUE TO, TO GET THIS DONE, BUT, BUT AT ANY RATE, THANK YOU FOR ANSWERING THE QUESTION.
I DON'T WANT TO, I DON'T WANT TO TAKE TOO MUCH TIME HERE, SO THANK YOU.
ARE THERE ADDITIONAL QUESTIONS? DID I SEE ANY OTHER HANDS? SO HERE'S, HERE'S WHAT I'M GOING TO SUGGEST.
AND THIS IS UNLIKE ME BECAUSE I TYPICALLY WOULD SUGGEST DENIAL, UH, BUT, UH, I'M GOING TO SUGGEST, UH, UH, OR MOVE FOR A POSTPONEMENT SO THAT, UH, MR. ON THE, UM, HARDSHIP, BECAUSE, UH, RIGHT NOW, I MEAN, WE ARE BOUND BY LAW TO, UH, FIND, UH, A HARDSHIP.
AND RIGHT NOW THERE'S NOT EVEN A HARDSHIP FROM MY PERSPECTIVE, UH, IN THE APPLICATION THAT I CAN GET MY HEAD AROUND.
SO, UH, WE HAVE A MOTION AND A SECOND, ARE THERE, IS THERE ANY DISCUSSION AND THIS WOULD BE TO POSTPONE UNTIL, UM, NEXT MONTH, WHICH WOULD BE OUR NOVEMBER MEETING.
UH, ANY OTHER DISCUSSION, ANY OTHER QUESTIONS OF THE APPLICANT? YEAH.
DARYL, ONE THING I THINK THAT WE NEED TO DO, I MEAN, I KNOW WE TYPICALLY DO THIS.
IT'S SEEN AS HOW THERE ISN'T EVEN REALLY A HARDSHIP ARTICULATED IN THE APPLICATION.
UM, I DON'T KNOW IF YOU WANT TO KIND OF GIVE, GIVE THEM SOME DIRECTION ON WHAT EXACTLY YOU'D BE LOOKING FOR.
I MEAN, I DON'T, I DON'T SEE THAT THERE'S A LACK OF REASONABLE USE OF THE PROPERTY.
IF YOU HAVE A 22 FOOT WIDE OR 20 FOOT WALL, UH, UH, BOAT DOG VERSUS A 30 FOOT BOAT DOCK, ESPECIALLY WHEN WE WERE TOLD TODAY THAT THERE'S ONLY GOING TO BE ONE BOAT I'M UP BESIDE THERE ANYWAY.
UM, SO I'M NOT REAL SURE WHAT IT IS THEY'RE GOING TO DO ARTICULATE THAT HARDSHIP OR LACK OF REASONABLE NEEDS.
HEY, SO ONE THING THAT WOULD, ONE THING THAT WOULD HELP ME, DARRYL AND I, I'M NOT JUMPING IN HERE IS I KNOW THAT SLEW PRETTY WELL.
UH, AND THE REASON WHY I ASKED ABOUT A BOAT DOCK BEING THE NECESSARY, UH, PERTINENT TO THE PROPERTY IS I HAVE REAL DOUBTS ABOUT WHEN OR WHETHER THAT SLEW IS NAVIGABLE.
UM, I, I CAN'T IMAGINE THAT A, I, I CAN'T IMAGINE THAT A 22 BY 30 FOOT BOAT DOCK TO, AS, AS, UH, AS BROOKE SAID, IS, IS REASONABLE GIVEN THE FACT THAT THAT SLEW IS SO SHALLOW AND SO NARROW.
NOW, IF, IF THE APPLICANT APPLICANT CAN PRODUCE SOME KIND OF EVIDENCE, CAUSE I COULD BE WRONG, RIGHT.
I MEAN, I DON'T KNOW IF I'VE BEEN BACK THERE IN 15 YEARS, BUT IF, IF THE APPLICANT CAN PRODUCE SOME KIND OF EVIDENCE THAT AT ONE TIME THAT WAS A, A NAVIGABLE, UM, UH, THAT SLEW WITH NAVIGABLE BEFORE IT GOT FILLED WITH SEDIMENT AND THAT THE, AND THAT THE DOCK OR REMOVING THE EXISTING DOCK, I HAVE NO DOUBT WOULD IMPROVE THE CONDITION OF IT.
SHOULDN'T, YOU KNOW, I, I MIGHT SORT OF COME AROUND AND THINK THAT THE, THAT ABOUT DOC, LIKE THAT WAS A MORE REASONABLE USE.
SO WE HAVE A MOTION TO POSTPONE, UH, TILL, UH, OUR NOVEMBER MEETING A SEC.
UH, I MADE THE MOTION AND A SECOND BY
[01:15:01]
MICHAEL, UM, LET'S CALL THE ROLL ON THAT.SO MR. RASPBERRY, WE WILL, UH, PLAN TO SEE YOU GUYS NEXT MONTH, UH, AND, UH, LOOK AT, UH, LOOK AT HARDSHIP.
[C-2 C15-2020-0053 Michael Gaudini for Thomas Bercy 900 Old Koenig Lane & 5916 N. Lamar Boulevard]
TOO WAS POSTPONED AND CORRECT WHEN WE DISCUSS THE TWO, WE, I DID NOT REALIZE THAT THEY WERE ASKING FOR A DECEMBER DATE.SO COULD, COULD I MAKE A MOTION TO POSTPONE C2 TO DECEMBER? IS IT DECEMBER 13TH? YES, THAT'S CORRECT.
DECEMBER 14TH TO THE DECEMBER 14TH MEETING.
SO, UH, SO THIS IS ON ITEM C TWO 15 2025 THREE.
AND I'M HEARING A LOT OF OTHER SOUNDS IN THE BACKGROUND FOLKS.
I DON'T KNOW, PEOPLE HAVE THEIR MINDS ON NOT JUMPING.
UH LET'S SO LET'S GO AHEAD AND TAKE A
[C-3 C15-2020-0054 Mari Russ for Matthew Satter 3612 Govalle Avenue]
C THREE.THIS IS C 15 2020 DASH ZERO ZERO FIVE FOUR.
UH, IT'S MARI RUSS FOR, UH, MATTHEW SATER AT, UH, 36 12 GAVALIN AVENUE.
AND, UM, THIS IS A, UM, VARIOUS FROM THE LAND DEVELOPMENT CODE, TWO FAMILY RESIDENTIAL USE, AND THE APPLICANT SPEAK TO THE OTHER ASPECTS.
THE APPLICANT WE HAVE, UM, THE PRIMARY SPEAKER IS MATTHEW SATER.
YES, MATTHEW, ARE YOU THERE? HELLO? YES.
YOU CAN GO AHEAD AND START YOUR PRESENTATION.
UH, YEAH, SO MY NAME IS MATTHEW SATER.
I'M ONE OF THE HOMEOWNERS OF THIS PROPERTY, UM, ALONG WITH MY, UH, MY WIFE AND MY WIFE'S PARENTS.
UM, UH, MOST OF THE OWNER OF A DROPOUT DESIGN, WHICH IS AN ARCHITECTURAL FABRICATION COMPANY HERE.
UH, AND THEN, UH, MARI, UH, RUSS, UM, THE ARCHITECT ACCOR MENTIONED THERE'S, THERE'S ALSO AVAILABLE HERE FOR QUESTIONS IN CASE WE NEED TO.
UM, SO WE PURCHASED THIS PROPERTY, UH, ABOUT A YEAR AGO THIS MONTH.
UM, WE BOUGHT THAT FROM THE ORIGINAL OWNERS THAT ARE, THEY MADE THE ORIGINAL 1930S, UH, STRUCTURE.
UM, OUR INTENTION FOR THIS PROPERTY IS TO, UM, TO MOVE IN BOTH MY INLAWS, UM, INTO THE FRONT HOUSE, TO THE ORIGINAL STRUCTURE, AND THEN, UH, THAT WE WOULD RENOVATE AND THEN ADDING A NEW, LARGER UNIT IN THE BACK.
AND SO FOR US, WE SEE THIS AS TRYING TO MEET CERTAIN GOALS, UH, ESTABLISH A NEIGHBORHOOD PLAN AND THE CITY, UH, REGARDING PRESERVATION AND DEVELOPMENT OR DENSITY.
[01:20:01]
SOME SUPPORT LETTERS, UH, IN OUR PRESENTATION, UM, SPECIFICALLY JUST EXCITING, UM, THE PRESERVATION OFFICE AND THE CITY OF AUSTIN, UH, SPEAKS ABOUT THE HISTORY AND HERITAGE OF THIS NEIGHBORHOOD.UM, AND I WOULD SAY THAT THAT HISTORY AND HERITAGE IS WHAT ATTRACTED US TO THIS NEIGHBORHOOD, UM, WHERE WE WANT TO LIVE AND, AND, AND WHAT WE THINK IS IMPORTANT.
AND THEN WHAT I TRY TO HELP PRESERVE.
UM, WE ACTUALLY MOVE, UH, TO KIRK STREET, WHICH IS JUST THE ONE BLOCK AWAY FROM THIS, JUST TO GET INTO THE NEIGHBORHOOD A LITTLE BIT SOONER, UM, AND BE A PART OF IT, EXCUSE ME.
AND, UM, WE HAVE, UH, NO OPPOSITION FROM MY CONVERSATIONS WITH OUR NEIGHBORS AND ALSO HAVE THREE LETTERS OF SUPPORT, WHICH UNFORTUNATELY WE SUBMITTED ABOUT AN HOUR AFTER THE DUE DATE THIS MORNING.
UM, BUT WE HAD GIVEN THEM TO LANE AND WE ALSO HAVE SUPPORT OF THE CURRENT GOVERNMENT VALLEY NEIGHBORHOOD ASSOCIATION.
UM, IF WE CAN MOVE TO SLIDE OR YOU CAN PUT ATTENTION TO SLIDE NUMBER THREE REPRESENTATION.
UM, I GAVE SOME CONTEXT FOR, IT SPEAKS TO DIOCESE, UM, SUPPORT ON HERE, BUT, UM, I WANT TO SPEAK A LITTLE BIT TO THE NEIGHBORHOOD GOALS, UH, THAT ARE LISTED IN THE VALLEY NEIGHBORHOOD PLAN, UM, ABOUT PRESERVING HISTORIC CHARACTER, UH, AND THE, A SENSE OF HUMAN SCALE.
UH, SO THIS PROPERTY IS TRADED ACROSS THE STREET FROM THE VALLEY ELEMENTARY.
UH, IT'S GOT BUS STOPS ALONG THE STREET, UM, AND OBVIOUSLY GO VALLEY AVENUE IS THE NAMESAKE FOR, TO GO VALLEY NEIGHBORHOOD.
SO IT'S SORT OF THE MAIN DRAG.
UM, NOW THE NEIGHBORHOOD, UM, SOME OF THE GOALS ARE PROTECTING EXISTING NEIGHBORHOOD CONTENTS, UM, AND REHABILITATING EXISTING HOUSING STOCK, UM, WHICH, UH, IN MY NEXT FEW SLIDES, I'VE GIVEN A SENSE OF, UH, THE REST OF THE STREETS, UH, AND WHAT THE SCALE OF THOSE HOUSES ARE.
UM, YOU CAN ALSO SEE FROM THIS ACCIDENT METRIC THAT WE TRIED TO PROVIDE, IS THAT A NUMBER OF THE UNITS, SORRY, A NUMBER OF THE NEIGHBORHOOD, UH, SORRY.
PROPERTIES AS WELL AS, UH, THE TWO DIRECTLY NEXT TO ME HAVE A LARGER TWO-STORY STRUCTURES IN THE REAR OF THE PROPERTIES.
UM, SO WE FIND THIS AS SORT OF ACTUALLY, UH, ALIGNING ITSELF WITH, WITH THE EXISTING CONTEXT.
UM, AND, UM, YOU KNOW, ONE OF THE OTHER NEIGHBORHOOD GOALS WAS FOSTERING GENUINE COMMUNITY OF NEIGHBORHOODS OF EVERY AGE AND BACKGROUND.
UM, THERE'S A LOT OF PEOPLE WHO LIVE IN THIS NEIGHBORHOOD THAT, UM, GREW UP HERE, YOU KNOW, BEEN HERE FOR 50, 60 YEARS.
UM, IT'S A QUICKLY CHANGING NEIGHBORHOOD.
UM, BUT WE, WE FEEL LIKE WE WANT TO HONOR THAT WITH SORT OF A MULTIGENERATIONAL HOUSEHOLD AND, AND GIVE A SENSE OF THE CONTINUUM OF THIS, THIS HISTORY.
SO NUMBER FOUR, UM, TYPICALLY OUR VARIANCE REQUESTS IS, UM, IN ESSENCE OF JUST TRYING TO JUST FLIP THE EDU APPROACH.
AND SO, UH, WE'RE ASKING SPECIFICALLY FOR A, UM, BEING ABLE TO BUILD A LARGER ADU, UH, THAN THE 1100 SQUARE FEET ALLOWED.
UM, BUT WHAT I WOULD ASK IS THAT WE SORT OF SWAP THIS AND JUST GIVE AGE RESTRICTIONS TO THE FRONT HOUSE.
I BELIEVE THAT WAS YOUR TIME IF YOU WANT TO JUST MAKE OKAY.
JUST TO WRAP IT UP THERE, IF THERE'S ANY ADDITIONAL COMMENTS AND I'M SURE THERE'LL BE SOME QUESTIONS.
UM, I THINK, UM, I THINK THAT'S PROBABLY FINE THAT WE COULD PROBABLY JUST, UM, GET THROUGH YOUR QUESTIONS.
ALRIGHT, WELL, SO WE'LL CLOSE THE PUBLIC HEARING, MELISSA.
I JUST WANTED TO TELL YOU, I THINK YOU DID A VERY GOOD JOB ON THAT PACKET.
I KNOW IT SAYS AN UNUSUAL FORMAT FOR US ALL TO BE KIND OF ON THE COMPUTER AND LOOKING AT IT, BUT I THOUGHT YOUR PACKET WAS VERY GOOD AND ARTICULATED EXACTLY WHAT YOU NEEDED TO SAY.
UH, LET ME JUST MENTION SOMETHING HERE AND THEN BROOKE WILL GO WITH YOU.
UM, SO IT LOOKS TO ME LIKE, AND THIS IS A QUESTION FOR THE APPLICANTS.
UM, SO IT LOOKS TO ME LIKE YOU'RE GOING TO MOVE THE FRONT HOUSE.
IS THAT CORRECT? YEAH, WE'RE WILLING TO IT'S RIGHT NOW.
IT IS NOT A, UM, IT'S NOT WITHIN THE NORMAL SETBACK.
UH, IT'S A NONCONFORMING STRUCTURE.
AND SO, UH, WE'RE WILLING, UM, AS PART OF THE RENOVATION OF THIS TO MOVE IT WITHIN THE SETBACKS, IF IT SO PLEASES, WELL, I MEAN, IT LOOKED LIKE THAT'S WHAT YOU WERE PROPOSING TO DO.
I DIDN'T SEE THAT THAT WAS A REQUIREMENT.
UH, SO BECAUSE I BELIEVE THAT IT COULD STAY WHERE IT IS AS LONG AS YOU DIDN'T DO ANY ADDITIONS AND STUFF TO THAT.
[01:25:01]
SO IF YOU'RE MOVING THE, THE, UM, THE, THE, THE FRONT HOUSE, IT COULD BE MOVED ANYWHERE ON THE SITE.IS THAT SAFE TO SAY THAT'S SAFE TO SAY.
SO, SO YOUR PRIMARY OBJECTIVE HERE IS TO, UM, MAINTAIN NEIGHBORHOOD CHARACTER BY RETAINING THE FRONT HOUSE AS THE EXISTING HISTORICAL HOUSE.
AND THEN BEING ABLE TO ACCOMMODATE, SO YOU WOULD BE WILLING TO MAINTAIN THE FRONT HOUSE AS IT IS IN ITS HISTORICAL CHARACTER.
IF YOU WERE TO GET THIS VARIANCE.
I, AND I HAVE DONE ON THE PACKAGE, UH, ON PAGE.
UM, THE THING, UM, WE ARE PLANNING ON RENOVATING IT AND ADDING A FEW SQUARE OR ADDING SOME SQUARE FEET TO IT.
UM, BECAUSE YEAH, THE BUILDING NEEDS A PRETTY SUBSTANTIAL AMOUNT OF WORK TO IT.
UM, SO IT IS NOT, I'M NOT PROPOSING TO KEEP IT AS, OKAY.
THERE'S 150 SQUARE FOOT ADDITION PROPELLERS.
AND WHERE IS THAT SHOWN IN THE PACKET? AGAIN? IT'S ON A, YOU CAN SEE IT PRETTY CLEARLY ON C3 13
SO, SO IT COULD BE, YEAH, YEAH.
AGAIN, MY, MY, MY ISSUE WOULD BE MAINTAINING THE CHARACTER OF THE EXISTING HOUSE, UM, UH, BECAUSE THAT WOULD BE THE ONLY REASON FOR NOT MOVING IT TO THE BACK OF THE SITE AND BUILDING THE NEW HOUSE ON THE FRONT FROM MY PERSPECTIVE.
UH, BROOKE, YOU HAVE A QUESTION ON, UM, I JUST WANT TO LET YOU KNOW, IF YOU LOOK AT THE PRESENTATION ON PAGE 16, YOU'LL SEE THE ELEVATION AND WHAT IT WOULD LOOK LIKE FROM THE FRONT, FROM THE STREET, WHAT THEY'RE PROPOSING TO DO.
UH, THAT'S AN ACTUAL PHOTOGRAPH ON 16.
I DIDN'T SEE ANYTHING IN HERE ABOUT WHAT IT WOULD LOOK LIKE.
NO, NO UNWELL UNDER THE PRESENTATION, NOT ITEM C3, THE HYPERLINK WE HAVE THERE'S TWO LINKS.
LET ME GO TO THAT AND UNDERSTAND THAT'S JUST SHOWING THE TENT, RIGHT? THE BUILDING TENT.
IT'S SHOWING WHAT IT WOULD LOOK LIKE FROM THE, FROM THE STREET.
IT'S JUST SHOWING THE BUILDING 10TH OUTLINE.
IT'S NOT SHOWING THE ELEVATIONS OF WHAT THEY'RE DOING TO THAT FRONT HOUSE, WHICH AS HE SAID, WAS EXTENSIVE RENOVATIONS AND AN ADDITION OF 150 SQUARE FEET.
WHEN WE GET THAT A HUNDRED BUCKS, YOUR FOOTAGE IS WITHIN THE HISTORICAL CONTEXT.
LIKE, IS IT SET BACK? ARE THEY ADDING A SECOND STORE? WHAT ARE THEY DOING? BECAUSE THAT IS THEIR WHOLE REASON FOR THIS VARIANCE IS MAINTAINING THAT AND MAINTAINING THE CHARACTER OF IT.
AND IF WE'RE NOT DOING THAT, I'M HAVING A HUGE ISSUE HERE.
ESPECIALLY SINCE THEY'RE, UH, HARD ABOUT ACTUALLY MOVING THE HOUSE.
SO IF YOU'RE GOING TO MOVE IT FIVE FEET, YOU MIGHT AS WELL MOVE AT 25 FEET.
UH, IT PROBABLY DOESN'T COST A DOLLAR MORE.
BROOKE, DID YOU HAVE ADDITIONAL QUESTIONS? MAY I SPEAK ONLY, ONLY IF THERE'S A QUESTION.
BUT I KEEP WANTING TO ASK IS, ARE YOU CHANGING THE CHARACTER OF THAT FRONT HOUSE? WHERE'S YOUR ADDITION? IS IT GOING TO BE ON THE BAT? CAUSE MOST HISTORIC ADDITIONS, WHY DON'T WE START HOUSE OR OKAY.
IF THEY WERE SET UP TO THE BACK THE HOUSE, UM, ARE YOU CHANGING THE FACADE? ARE YOU CHANGING THE WINDOWS? ARE YOU CHANGING THE APPEARANCE FROM THE STREET? SURE.
SO IF YOU LOOK AT PAGE 15 ON THE PRESENTATION, YOU CAN KIND OF, YOU CAN SEE IN THE FOOTPRINT THAT, UH, THE DEPTH OF THE OVERALL STRUCTURE ALMOST A, THE SAME, UM, CAUSE THERE'S THAT SORT OF LEAN TO ON THE BACK.
AND AS FAR AS THE WIDTH ALONG THE FRONT, WE ARE KEEPING, UM, PRETTY MUCH THE SAME AMOUNT OF WIDTH.
THERE IS A STEP BACK, UM, WHICH WE'RE GOING TO MAKE THE ENTRANCE, BUT IT'S THESE ROOF SLOPE IS REMAINING THE SAME.
THE SIDING, WE ARE I'M 100% TRYING TO HONOR THE, UM, THE CHARACTER, THE SIZE, THE SCALE, THE MATERIALS, THE WINDOW OPENINGS OF THIS STRUCTURE THAT I 100% THE INTENDED AND, AND I DON'T NEED THEM.
I'M JUST THE QUESTION ABOUT MOVING IT.
[01:30:01]
ME TO MOVE IT.IT'S JUST A NONCONFORMING STRUCTURE.
AND I THOUGHT IT WOULD BE A, UH, BECAUSE I'M DOING THIS WORK AND I CAN MOVE IT SO THAT IT WOULD BE, UM, WITHIN EVERYONE'S BEST INTEREST FOR ME TO MAKE IT.
I THINK FOR ME IN THE SETBACK STRUCTURE, THAT'S THE ONLY REASON FOR MOVING AND YOU'RE GOING TO BE LIMITED ONTO WHAT YOU CAN DO WITH IT WITHOUT, UH, OKAY, MELISSA.
SO HOW MUCH FFR ARE YOU PROPOSING ON THE LOT? UM, WITHIN WHAT IS ALLOWED? UM, IT'S LESS THAN 39%.
NOT ASKING FOR ANYTHING ABOVE.
SO YOU'RE MOVING THE FRONT DOORS, BUT YOU'RE SAYING YOU'RE MOVING IT TO THE RIGHT TO THE RIGHT SIDE, FACING THE HOUSE.
YOU DIDN'T BRING ANY ELEVATIONS OF WHAT YOU'RE PROPOSING.
SO IT'S KIND OF THAT NEIGHBORHOOD CHARACTER.
I, I SHOULDN'T REALLY SPEAK TO THAT BECAUSE THE DESIGN IS THAT THIS, THE DESIGN IS NOT FINALIZED.
I'M TRYING TO HAVE THE VARIANCE, I GUESS, FOR BEFORE I START TO WORK ON ANY DESIGN.
BUT THE IDEA IS THIS SORT OF HAS ANY ADDITION TO THE HOUSE IN ITS WIDTH WOULD BE STEPPED BACK FROM ITS ORIGINAL FRONT LINE.
CAUSE I ALSO HEARD, UH, THAT, UH, THAT THE ENTRANCE WOULD BE, UH, CHANGED, UM, WHICH TO ME CHANGES THE WHOLE CHARACTER.
UM, I'M GONNA, I'M GONNA MOVE THAT.
WE POSTPONE, UH, UP ON THAT, CUTTING ANYBODY OFF, BUT I FEEL THAT, UM, UH, MR. SATER, YOUR, YOUR ENTIRE ASS IS PREDICATED ON FOLLOWING THE RETENTION OF THE EXISTING HOUSE, SUCH TAKE TO PRESERVE NEIGHBORHOOD CHARACTER AND TO PRESERVE THE HISTORIC CHARACTER.
AND, UM, I THINK THE, UH, MY FELLOW COMMISSIONERS AND I MYSELF ARE SUPPORTIVE OF THAT IDEA.
BUT IF YOU ARE KEEPING THE FACT OF THE HOUSE, THE FACT THAT THE HOUSE IS STILL THERE, BUT YOU'RE CHANGING, IT'S A STATICS, THEN IT'S NOT PRESERVING THE CHARACTER.
THE, THE HOUSE IS JUST CONTRIBUTING TO THE NEIGHBORHOOD TERRITORY BECAUSE IT'S, THERE IS CONTRIBUTING BECAUSE OF ITS AESTHETICS.
AND I WORK IN THIS AREA A LOT.
I KNOW EXACTLY KNOWING EXACTLY THE HOUSE THAT YOU'RE TALKING ABOUT, UM, VOLUNTEERED AT
UM, I, BUT I, BUT I THINK THAT IN ORDER TO CONVINCE MANY OF MY FELLOW COMMISSIONERS AND MY ME, I THINK WE NEED TO SEE ELEVATIONS, UM, OF WHAT THAT EXISTING HOUSE IS GOING TO LOOK LIKE BASED ON YOUR PROPOSED DESIGN.
SO, UM, I DON'T KNOW IF IT SUITS ME, BUT I MOVED THAT WE POSTPONED TO THE NEXT MEETING, SUCH THAT THE APPLICANT CAN, UH, PROVIDE MORE DOCUMENTATION OF, UH, THEIR PROPOSAL.
I'LL SECOND WILLIAM, OR WHAT I WOULD ALSO SAY IS, UH, BEING ABLE TO LOOK AT WHAT THEY'RE PROPOSING IS THAT 2000 SQUARE FOOT WOULD BE, WOULD BE HELPFUL.
SO I HONESTLY, I REALLY THINK THAT YOUR PACKET WAS GOOD.
I THINK THAT, UM, THERE, I WOULDN'T EVEN MOVE THE EXISTING NONCONFORMING HOUSE.
I THINK IT WAS MORE THE RIGHT AND THAT THE CHARACTER OF THE NEIGHBORHOOD AND THAT HOUSE AND WHAT YOU'RE GOING TO DO TO THE HOUSE.
I DON'T HAVE AN ISSUE WITH WHAT YOU'RE PROPOSING AT ALL.
I REALLY THINK KEEPING THE FRONT HOUSE REALLY AS THE CHARACTER.
I MEAN, WE START TO SEE ALL THESE TEAR DOWNS AND IF I SEE ONE MORE FARMHOUSE, I'VE PROBABLY JUST GOING TO ICE, PICK MYSELF IN THE HEAD.
IT IS SO OVER FARMHOUSES OVER PEOPLE.
I DON'T NEED TO SEE ANOTHER WHITE HOUSE.
I'M FINE WITH FARMHOUSE, BUT I'M JUST SUPPORTING WHATEVER YOU'RE GOING TO DO TO THAT HOUSE.
IF YOU REALLY HAD SOME THOUGHT, I CAN TOTALLY UNDERSTAND MAKING AN ADDITION TO ADD A BATHROOM AND A CLOSET TO A 1930S HOUSE OR UPDATING A KITCHEN.
I MEAN, IF YOU HAD SOME THOUGHTS ON WHAT THAT IS AND HOW THAT FRONT FACADE AND, AND ITS PHASE TWO, THE NEIGHBORHOOD STREET REALLY INTERACTS WITH PEOPLE.
BUT OTHER THAN THAT, I REALLY THOUGHT YOUR PACKET WAS GOOD AND WELL THOUGHT OUT AND I APPLAUD THE AMOUNT OF YOU PUT INTO IT.
[01:35:01]
I JUST WANT TO JUMP IN REAL QUICK.I ACTUALLY AM OKAY WITH THIS TWO 25 BACK, ESPECIALLY FOR WHAT THEY'RE TRYING TO DO AND EAT NEEDS ARE SOMETHING THAT BOTH ME AND MY COUNCILMAN HAVE BEEN SUPPORTING VERY, VERY HEAVILY.
I JUST WANT TO SEE A LITTLE BIT MORE ABOUT WHAT THE FINAL DESIGN MAYBE.
I KNOW HE SAID HE HASN'T HANDED A WHOLE LOT YET BECAUSE HE HASN'T RECEIVED THE VARIANCE, BUT IT MIGHT HELP HIM GRANT THE VARIANCE A LITTLE QUICKER IF I COULD ACTUALLY HAVE A BETTER IDEA OF HOW THE FINAL PRODUCTS, I THINK IF I CAN, IF I CAN, YOU KNOW, UH, UH, KIND OF PILE ON TO WORK, UH, COMMISSIONER COME AND SAID, I THINK THAT WE'RE, WE'RE PROBABLY ALREADY TOO, OR, YOU KNOW, MANY OF US ARE READY TO, TO VOTE FOR THE VARIOUS PENDING SAYING WHAT THE DESIGN IS GOING TO LOOK LIKE.
SO IF THERE IS A CONCERN THAT YOU DON'T EVEN WANT TO BEGIN, PERHAPS YOUR ARCHITECTS, OR YOU DIDN'T WANT TO COMMISSION YOUR ARCHITECT, I'M AN ARCHITECT MYSELF TO, TO, TO MAKE THAT STEP FORWARD UNTIL YOU'VE GOT SOME IDEA OF WHERE THE VARIANTS MIGHT BE POSSIBLE.
I THINK WHAT YOU'RE HEARING HERE IS THAT THE VARIANCE IS VERY MUCH MIGHT BE NO, IT MIGHT BE POSSIBLE, BUT I THINK WE DO WANT TO SEE, UM, WE DO WANT TO SEE WHAT IT IS YOU PLAN ON DOING.
AND I, FOR MYSELF, AGAIN, BEING AN ARCHITECT, UM, I'M PRIMARILY INTERESTED IN WHAT, WHAT THE FRONT ELEVATION LOOKS LIKE.
I'M NOT AS CONCERNED MYSELF ABOUT WHAT IT LOOKS LIKE GOING FURTHER BACK, UM, NEIGHBORHOOD CHARACTERS SEEM FROM THE STREET.
AND SO WHAT AM I SEEING FROM THE STREET? THAT'S WHAT, THAT'S WHAT I WOULD BE INTERESTED TO SEE.
AND VERONICA STARTING YOUR HAND UP.
I JUST WANTED TO MAKE SURE THAT, THAT THE AFRICAN UNDERSTAND.
SO I'M RIGHT THERE WITH MELISSA.
UM, I REALLY DON'T, UNLESS YOU'RE REQUIRED TO MOVE THE HOUSE, THAT'S SOMETHING THAT I'M NOT, I, I WOULDN'T SUPPORT, UM, IN EMOTION.
UM, BUT, UM, JUST LETTING US KNOW WHAT EXACTLY YOU'RE DOING TO THAT HISTORICAL HOME.
JUST GIVING US A LITTLE BIT MORE INFORMATION, I THINK JUST GETS YOU OVER THAT, THAT HOUSE.
UM, WHAT MELISSA SAID IS REALLY, UM, I COMPLETELY AGREE WITH THAT.
DARYL ONE LAST THING I WANTED TO, UM, FROM WHAT I CAN TELL, IF YOU LOOK AT THE PRESENTATION PAGE 15 OF THE PRESENTATION, IT LOOKS LIKE THEY WERE PROPOSING NOT ONLY TO MOVE THE HOUSE, UM, YOU KNOW, KIND OF, AS YOU'RE LOOKING AT MOVE, IT SHIFTED TO THE RIGHT A LITTLE BIT, BUT THEN ALSO THERE WAS GOING TO BE AN ADDITION ON THAT RIGHT SIDE.
AND I THINK THAT'S WHAT HE SAID WAS GOING TO BE THE, UH, THE CHANGE IN HOW YOU ACCESS THE HOUSE.
AND I THINK WHAT HE HEARD FROM A LOT OF PEOPLE TONIGHT WAS CHANGING ACCESS INTO THE HOUSE, UH, WAS NOT KEEPING IT, KEEPING ITS HISTORIC CHARACTER.
AND SO IF WE DON'T KNOW, BECAUSE WE DON'T HAVE PLANS AND ELEVATIONS, BUT IF THAT WAS PART OF WHAT WAS PROPOSED, THE APPLICANT MAY WANT TO RETHINK THAT, UH, DURING THIS, UH, DURING THIS POSTPARTUM.
AND I'LL SAY IS, WE'RE SEEING A LOT OF THESE CASES COME UP.
UM, THE COUNCIL, UH, IN MAKING THAT ORDINANCE REQUIREMENT THAT THE LARGER HOUSE BE IN THE FRONT AND THE SMALLER HOUSE BE IN THE BACK AS YOU WOULD EXPECT AN ADU TO BE.
UM, AND, AND UNFORTUNATELY, UM, YOU KNOW, SINCE WE DON'T HAVE THE LEVEL OF SUPPORT FROM A PLANNING STAFF AND THAT, UH, WE HAVE TO, UM, MAKE THE DETERMINATION OURSELVES AS TO WHAT THEIR INTENT WAS.
UM, BUT WHAT I WILL SAY IS THAT I FEAR THAT WITH, UH, THESE COMING IN FRONT OF US ON A PRETTY REGULAR BASIS, THAT WE'RE GOING TO SORT OF BECOME THE DISNEY LAND, UH, OF, UH, IN TERMS OF AUSTIN OF SHOWING, UH, THE FACE TO THE STREET, OH, LOOK AT WORK, THIS QUAINT LITTLE THING WITH JUST HUGE HOUSES IN THE BACK.
UM, AND, UH, AND IT'S SORT OF THE ANTITHESIS, I THINK, OF WHAT COUNSEL INTENDED WHEN THEY, UH, WHEN THEY, UH, PASS THAT PART OF THE ORDINANCE.
SO ANYWAY, JUST WANTED TO SPEAK TO THAT.
UH, BROOKE, YOU HAD YOUR BACKUP AND I WANTED TO FOLLOW UP ON THAT BECAUSE MY THING IS, IS I KNOW YOU SAID YOU HAD SOME LETTERS OF SUPPORT.
I WANT TO SEE LETTERS OF SUPPORT FROM THE TWO NEIGHBORS THAT ARE GOING TO LOSE ALL THEIR PRIVACY IN THE BACKYARD BECAUSE, AND SOME OF THEIR SON, BECAUSE OF THIS MASSIVE STRUCTURE AND ALSO FROM BEHIND, THEY KNEW THEY HAD THAT AND WE DIDN'T GET IT, BUT I WOULD ALSO LIKE TO SEE THOSE LETTERS SAYING THAT THEY'RE OKAY WITH THIS HAPPENING, YOU KNOW, HOVERING OVER THEIR BACKYARD.
AND SOME ARE GREAT AND SOME ARE NOT.
[01:40:01]
SO, UH, WITHOUT FURTHER ADO, WE HAVE, HAVE A MOTION BY, UH, WILLIAM HODGE TO POSTPONE TIL NEXT MONTH AND A SECOND BY DARYL, UH, ANY FURTHER DISCUSSION BEFORE WE GO TO A VOTE.SO ONE QUESTION BEFORE ABOUT WHAT THE ID EITHER PRESENT AT THE NEXT SET OF THINGS, TO BE A QUESTION ABOUT DESIGN.
AND I WOULD LIKE TO KNOW WHAT ARE MY REQUIREMENTS THAT I NEED TO DO TO SHOW ABOUT DESIGN? WELL, MY ADVICE WOULD BE TO SHOW UP ENOUGH THAT YOU CAN SELL US.
YOU KNOW, SO YOU DON'T HAVE TO SHOW, UH, EVERY ELEVATION THAT'S THE ST.
I THINK OF WHAT YOU'RE INTENDING TO DO IS VERY IMPORTANT, UH, WITH THE FRONT HOUSE THAT WOULD BE WILLIAM.
DID YOU HAVE SOMETHING TO ADD TO THAT OF JUST, JUST, JUST, UH, YOU KNOW, TO ADD TO WHAT, UH, UH, CHAIRMAN LAYTON BURWELL SAID.
I THINK YOU, YOU, YOU CAN CONSULT WITH YOUR ARCHITECT AND YOUR DESIGNERS.
UM, MOST OF WHAT HAS COME UP WHEN WE'RE TALKING TO YOU, TWO THINGS THAT I'VE HEARD AMONGST GUYS, WHAT DOES THE FRONT ELEVATION LOOK LIKE OF THE EXISTING HOUSE? WHAT IS THE EXPERIENCE FROM THE STREET? AND THEN, YOU KNOW, COMMISSIONER BAILEY MENTIONED SOMETHING THAT INDEED IS A CONCERN IF WE'RE, IF YOU'RE SEEKING TO, TO THE, TO CHANGE THE RULES.
SO I THINK IF YOU COULD GIVE SOME MORE DETAILS SPECIFICALLY AT ELEVATION IN RELATION TO THE TENS IS AS YOU'VE ALREADY SHOWN, BUT MAYBE GIVE SOME MORE DETAIL AND INDEED ASK, MAYBE, MAYBE ASK YOUR ARCHITECT TO MAKE SURE THAT CAREFULLY CONSIDER THE PRESENCE OF THAT LARGER UNIT IN THE BACK.
UM, AGAIN, I, I DO THIS, THIS IS ONE OF MY MAIN THINGS THAT I DO IS
SO I THINK IF YOU'RE WANTING TO GET OUR SUPPORT AND YOU WANT TO SELL IT AS, AS DON'T SAY, UH, I THINK THAT YOU WILL, WE'LL BRING DOCUMENTS, YOU KNOW, ELEVATION SPECIFICALLY, I SAY GRADE THREE, YOU KNOW, AND, OR THREE D MODELS THAT SHOW THAT.
AND I THINK THAT'S WHAT WILL BE A MUSIC TOO.
I WOULD LIKE TO ADD TO THAT IF I MIGHT.
UM, SO ALSO, I, I MEAN, I CAN UNDERSTAND NEEDING TO UPDATE A 1930S HOUSE.
UM, AND I THINK 150 SQUARE FEET IS VERY SMALL, BUT YOU'D MIGHT LEARN TO SAY FUNCTIONALLY WHAT THAT IS.
I MEAN, CAUSE I COULD IMAGINE A 1930S BATHROOM IS A REALLY GOOD TIME OR, YOU KNOW, TRYING TO GET A LITTLE BIT LARGER KITCHEN OR SOMETHING LIKE THAT.
SO SOMEHOW THE FUNCTION IN EXPLAINING IT, ALONG WITH THAT FROM FACADE WOULD BE FABULOUS.
IT SOUNDS LIKE SPENDING TIME ON THE FRONT HOUSE AND STATUE, THE LINCHPIN HERE WOULD BE THE TIME.
THE ONLY OTHER THING I'LL SAY IS DOPE.
ARE THEY ARCHITECTS? ARE THEY JUST BUILDING DESIGNERS? WE HAVE AN ARCHITECTURE FIRM.
THEY ARE AN ARCHITECTURE FIRM.
YOU WILL WANT TO TELL THEM THAT THEY NEED TO FOLLOW THE TBA II RULES OF PUTTING A DISCLAIMERS ON THEIR PRESENTATION INFORMATION.
SO FURTHER VIOLATIONS BY COLLEAGUES IN THE ARCHITECTURE PROFESSION, THREE ARCHITECTS ON THE FLOOR.
AND ONE OF THE ARCHITECTS IS STUDYING FOR ANOTHER ARCHITECT.
ALRIGHT, SO LET'S MOVE ON TO, UH,
[C-4 C15-2020-0057 Lauren Jones for Bryan E. Mayo 901 Terrell Hill Drive]
UH, ITEM C FOR THIS IS, UM, ITEM C 15 DASH 2020 DASH ZERO ZERO FIVE SEVEN LAUREN JONES FOR BRIAN E. MAYO AT NINE OH ONE TERRIBLE HILL DRIVE.YES, LAURA JONES IS THE PRIMARY SPEAKER.
SO IF YOU CAN COME ON BOARD HERE AND GIVE US YOUR PRESENTATION, THAT WOULD BE GREAT.
THANKS FOR THE OPPORTUNITY TO SPEAK TONIGHT.
UM, ON THE FIRST PAGE OF OUR PRESENTATION, YOU'LL SEE A PROPERTY SURVEY FOR NINE ZERO ONE TERRELLE HILL DRIVE.
THE SURVEY SHOWS AN OLD BUILDING FOOTPRINT, WHICH WAS DEMOLISHED IN 2017.
UM, THIS PROPERTY SUFFERS FROM TWO HARDSHIPS, A PIE SHAPE AND A STEEP TOPOGRAPHY.
[01:45:01]
HAVE INHIBITED THREE PREVIOUS ARCHITECTS FROM DESIGNING A HOME THAT ABIDES BY CODE AND AFFORDS REASONABLE SPACE AND UTILITY AS SUCH.I AM REQUESTING TWO VARIANCES FROM THE LAND DEVELOPMENT CODE SECTION 25 TO FOUR 92 THAT'S SITE DEVELOPMENT REGULATIONS.
FIRST I'M REQUESTING THAT OUR MINIMUM FRONT YARD SETBACK REQUIREMENT DECREASE FROM 25 FEET TO 15 FEET.
THIS WILL ALLOW US TO DEVELOP THE FLATTER WIDER PORTION OF OUR LAND.
SECOND, I'M REQUESTING THE OPTION TO DESIGN A BASEMENT THAT IS EXEMPT FROM THE CALCULATION OF GROSS FLOOR AREA.
EVEN THOUGH THE FINISHED FLOOR OF OUR FIRST STORY WILL BE ROUGHLY EIGHT FEET ABOVE THE BASEMENT FLOOR.
THIS WILL AFFORD US A HOME THAT DOESN'T LOOK LIKE A COMMERCIAL BUILDING SUPPORTED BY TALL COLUMNS AGAIN ON THAT FIRST SLIDE, UM, NINE OH ONE TRAIL HILL DRIVE.
YOU CAN SEE AS A PIE SHAPED PARCEL WITH ITS LOWEST ELEVATION ALONG THE RADIAL PORTION OF A LOT, THE AREA WHICH BORDERS THE RIGHT OF WAY FROM THERE, THE TOPOGRAPHY SLOPES UPWARD TO THE SOUTHERN MOST TIP OF THE LOT.
AND YOU'LL NOTE THAT THE STEEPEST TOPOGRAPHY OCCURS AT BOTH EXTREMES.
LET'S MOVE ON TO THE SECOND SLIDE.
HERE'S A DIAGRAM FEATURING MINIMUM LOT DIMENSIONS FOR A SINGLE FAMILY LAW IN THE CITY OF AUSTIN PER SUB CHAPTER F WHEN SETBACKS ARE APPLIED TO THE LOT, THE RESULTING BUILDABLE AREA IS A 40 FOOT BY 80 FOOT SPACE.
THAT'S THE AREA SHOWN IN GRAY.
UM, MOVING ON TO THE THIRD SLIDE WHEN WE OVERLAY THAT MINIMUM BUILDING BUILDABLE AREA OVER OUR PROPERTY AT NINE OH ONE TO ROUND HILL, THE BILLABLE AREA PUSHES BEYOND THE 25 FOOT FRONT YARD SETBACK.
AND YOU'LL SEE THAT'S THE CASE, WHETHER THE BUILDABLE AREAS POSITIONED ALONG THE EAST WEST AXIS OR ALONG THE NORTH SOUTH AXIS.
AND FOR CLARIFICATION PURPOSES HERE THAT 25 FOOT FRONT YARD SETBACK IS THAT SOUTHERN MOST RADIAL DASH LINE.
AND HERE'S ANOTHER WAY TO LOOK AT THIS PER SUB CHAPTER, ASK THE MINIMUM LOT AREAS, 5,750 SQUARE FEET.
OUR LAW IS 10,290 SQUARE FEET.
SO OUR PROPERTY TAXES ARE NEARLY DOUBLED YET.
THE PROPERTY HARDSHIPS RESTRICT US FROM THE BASIC DEVELOPMENT OPPORTUNITIES THAT THE CODE IS DESIGNED TO PROVIDE FOUR SLIDE.
WE'VE MADE EVERY ATTEMPT TO DESIGN IN ACCORDANCE WITH THE FRONT YARD SETBACK AND WE'VE DESIGNED THE HOUSE AND ITS MATERIALITY HEIGHTS AND ORIENTATION SO THAT IT FITS WITHIN THE NEIGHBORHOOD CONTEXT.
OUR CURRENT DESIGN IS FEATURED HERE, PUSHED RIGHT UP AGAINST THAT 25 FOOT FRONT YARD SETBACK.
YOU CAN SEE THAT OUR BACKYARD IS COMPRESSED TO A NARROW AND DEEP PORTION OF THE PROPERTY.
IT'S DIFFICULT AND PROHIBITIVELY EXPENSIVE TO DEVELOP OR USE THAT SPACE.
NEXT SLIDE, WE'RE REQUESTING AN ADDITION OF 10 FEET OR A MINIMUM FRONT YARD SETBACK IS 15 FEET, WHICH WOULD ALLOW FOR REASONABLE BACKYARD, A PRIVATE SPACE THAT WE COULD ENJOY JUST LIKE OTHERS IN THE NEIGHBORHOOD.
NEXT SLIDE IN SUPPORT OF OUR VARIANCE REQUESTS.
YOU CAN SEE THAT ALL OF THE HOMES ACROSS FROM TURTLE HILL DRIVE ENJOY A SIGNIFICANTLY SHORTER FRONT YARD SETBACK IN CONTRAST ALL THE HOMES ON OUR SIDE IT'S RAIL HILL, WHICH HAVE RADIO FRONT LOT LIGHT LINES ARE SITUATED FURTHER SOUTH SIDE SETBACK.
UH, DOES THAT ONE'S FOR YOUR TIME? OKAY.
UM, THE NEXT, UM, VARIANCE THAT WE'RE REQUESTING HAS TO DO WITH BASEMENTS, UM, AND WE'VE PUT SOME INFORMATION, UH, REGARDING SOME CHAPTER S TENTS.
WE CAN TAKE THAT DURING THE QUESTION IF THAT'S APPROPRIATE.
SO LET'S CLOSE THE PUBLIC HEARING MR. CHAIRMAN.
UM, I'M GOING TO MAKE A MOTION TO POSTPONE THIS ONE BECAUSE IN THAT ENTIRE PACKAGE AND I LOOKED OVER IT TWICE, ONCE ON SATURDAY AND AGAIN THIS MORNING, AND THIS MORNING BEFORE, BEFORE OUR MEETING TODAY, I DO NOT SEE ANY ELEVATIONS ON THIS HOUSE.
AND I WOULD LIKE TO SEE WHAT THAT ELEVATION IS GONNA LOOK LIKE WITH THAT BASEMENT THERE.
THEY HAVE HARDSHIP, UH, NO DOUBT ABOUT THAT, BUT IT'S STILL, UH, WITHOUT ANY ELEVATIONS, I'M NOT READY TO MOVE ON IT MYSELF.
AND SO DO WE HAVE A SECOND I'LL SECOND THAT MOTION AND ADDING ON, UH, SOMETHING THAT THE, THAT THE POSTPONEMENT IS GRANTED MY REQUEST TO THE APPLICANT, UM, THE BAR FOR AT LEAST, FOR ME AT THE BAR FOR A HARDSHIP IS GOING TO BE CONSIDERABLY HIGHER THAN WHAT YOU HAVE HERE.
I'M TALKING ABOUT A 10,000 SQUARE FOOT LOT.
THAT'S CURRENTLY VACANT THAT HAS SUFFICIENT TRADABLE AREA ON IT TO CONSIDER SOMETHING.
AND AS MUCH AS I DON'T LIKE THE SECTIONS OF THE CODE, THAT YOU'RE, THAT YOU'RE TRYING TO GET, UH, VARIANCES FROM, PARTICULARLY THE FRONT YARD SETBACK, THIS SEEMS THERE'S PLENTY OF REASONABLE USE TO BE HAD UNDER THE CURRENT CODE IS WRITTEN.
CAN I HOP IN HERE AT THE APPLICANT? UM, OH, I THINK THAT
[01:50:01]
YOU GOING TO POSTPONE THAT WASN'T A QUESTION THAT WAS MORE OF A STATE.I THINK THAT WE'D LIKE TO GIVE YOU SOME MORE FEEDBACK, UM, WHILE YOU COULD PROBABLY ANSWER SOME OF THOSE QUESTIONS.
I KNOW FOR ME THAT BESIDES SEEING WHAT THE BASEMENT WOULD LOOK FROM THE FRONT, I'D ALSO BE INTERESTED IN THE VIEW OF PEOPLE DRIVING AND, AND WHAT, WHAT SHOWING UP TO THE 15 FOOT WOULD BE LIKE IN, IN LIKE A VEHICULAR EXPERIENCE OF WHETHER YOU WOULD BE A BEARING ABUSE TEACHER ON A CURVE.
IF YOU COULD JUST ADD THAT TO YOUR LIST.
I THINK TO ME, JUST, JUST REALLY SEEING WHAT THAT BASEMENT ARTICULATES, LIKE, I UNDERSTAND WHAT BEING ON A SLOPES LIKE, AND MY HOUSE IS ON THE SLOPE, BUT IT'S BACKWARDS.
MINE'S HIGHER IN THE FRONT AND LOWER IN THE BACK.
AND SO I'M, I AM BORN INTO THE VISUAL OF WHAT THAT WOULD LOOK LIKE FROM THE STREET, BUT I'M ALSO CONCERNED ABOUT, ABOUT COMING AROUND THAT CURVE AND BEING ABLE TO SEE, OKAY, THANK YOU, MELISSA WILLIAM.
SO IN TWO, TWO POINTS RAISED ABOVE, UM, THERE IS QUITE A HIGH BAR FOR OUR HARDSHIP HERE.
UM, AND, AND, AND I CERTAINLY CAN UNDERSTAND THE DESIRE TO HAVE, UH, YOU KNOW, A LARGER BACKYARD, ET CETERA, THAN WHAT IS ALLOWED BY HARDSHIP, BUT, YOU KNOW, USING THE, USING QUALITATIVE TERMS LIKE REASONABLE OR REASONABLE BACKYARD, UM, YOU'RE SPEAKING TO SOMEONE HERE WHO LIVES ON A 3,500 SQUARE FOOT LOT.
I DON'T HAVE A BACKYARD NOW, MIND YOU, I CHOSE THAT.
BUT I THINK THAT WE, YOU, YOU WOULD DO WELL TO NOT JUST SHOW WHAT IT IS THAT YOU, WHAT WOULD BE THE RESULT OF A GRANTING OF YOUR VARIANTS.
UM, BUT TO COUCH IT IN TERMS AND, AND, AND YOU DO HAVE, YOU DO HAVE SOME, SOME FACTORS HERE ON THIS SITE, WHICH I THINK HONESTLY, YOUR ARE, ARE MORE OF A HARDSHIP IN QUOTE UNQUOTE, THE SIZE OF A BACKYARD.
I MEAN, THERE'S EXTREMES OF PART OF YOUR EYE.
I KNOW THIS STREET IN THIS AREA VERY, VERY WELL.
AND, UH, THE TOPOGRAPHY IS, IS, IS INTENSE.
UM, I WOULD ALSO SAY THAT YOU, THE WAY THAT THE HOUSE IS CURRENTLY ORIENTED ON, YOU KNOW, IT'S KIND OF CUTTING DIAGONALLY ACROSS THE GRAIN OF THE, OF THE TOPOGRAPHY, AND I'M NOT TRYING TO MAKE A DESIGN SUGGESTION, BUT RATHER TO, TO PROVE THAT YOU HAVE A, WE NEED TO SHOW, OKAY, WE'VE, WE'VE TRIED TO WORK WITH THE SITE AS MUCH AS WE CAN IN THIS IS WHAT WE STILL GET.
AND SO I MIGHT JUST SAY THAT IT MIGHT NOT END UP BEING A PROPERTY THAT, WHO THAT MORE OR LESS FOLLOWS THE RADIO CURVE.
YOU MAY BE MAYBE LESS ALIGNED FROM IT, BUT IN ANY CASE, UM, I THINK AGAIN, JUST LIKE IN THE PREVIOUS CASE, I THINK THAT THERE'S SOME POTENTIAL SUPPORT, BUT THEN WE'LL TRY TO GIVE YOU SOME GUIDANCE AS TO WHAT TO COME BACK WITH NEXT MONTH, UH, SUCH THAT YOU CAN GET SOME PHARMACY SUPPORT.
OKAY, BROOKE, AND THEN I'VE, I HAVE SOMETHING TO SAY AFTER YOU'RE DONE.
AND THIS IS JUST A QUICK QUESTION.
IS THIS THE SAME OWNER THAT DEMOLISHED THE HOUSE THAT BOUGHT THE HOUSE AND THEN LOST IT IN 2017? THAT'S CORRECT.
SO THEY MOVE AT THE SETBACKS FOR WHEN THEY BOUGHT IT.
UM, SO A COUPLE OF THINGS I'D LIKE TO SAY IS, UH, I WOULD GUESS THAT, UM, PAGE TWO OF THE PRESENTATION THAT IS SHOWING A VERY SMALL LOT OF 57, 50 LOT, AND A VERY LARGE FOOTPRINTS, UM, THAT'S MAC, UH, BUILDABLE AREA, THE 50 BY, UH, 80.
BUT, UM, BUT IN FACT, UH, YOU KNOW, THERE IS ONLY 40% BUILDING COVERAGE.
YOU KNOW, THERE'S A LOTS OF THINGS THAT AREN'T TAKING INTO ACCOUNT THERE.
SO FOR ME, IT DOESN'T, IT DOESN'T HOLD, UM, THE, THE WEIGHT.
THE OTHER THING THAT I SEE HERE, UM, THAT WAS UNFORTUNATE, UH, IN THE PRESENTATION IS SHOWING THAT IT WORKS WITH A 25 FOOT SETBACK THERE ONLY ONE FOOT OF FALL DIFFERENCE BETWEEN THE 25 FOOT SETBACK ACROSS THE HOUSE AND THE 15 FOOT SETBACK.
SO, UM, UM, UH, PAGE FOUR IN THE PRESENTATION, UH, SHOWS US THAT, UM, VARIANCE IS NOT NEEDED FOR THE FRONT YARD SETBACK.
SO IF THAT CASE IS GOING TO BE MADE, IT NEEDS TO BE MADE IN SOME OTHER WAY.
[01:55:01]
ALSO WOULD NEED MORE INFORMATION RELATIVE TO, UH, BECAUSE THE APART FROM THE FRONT YARD SET BACK, THE BIG PART OF THIS IS BEING ABLE TO ALLOW A FULL BASEMENT ADDED TO THE SQUARE FOOTAGE OF THIS HOUSE, WITHOUT IT BEING COUNTED AGAINST THE GROSS SQUARE FOOTAGE.UM, AND, UM, I THINK THAT IT, SO IT WOULD BE, AS IT SAYS, YOUR BASEMENTS ARE EXCLUDED FROM THE CALCULATION OF GROSS AREA.
SO THEY GET A FULL, FREE STORY WITH THIS, AND I'VE SEEN NO PART OF THE PRESENTATION THAT SPEAKS TO WHY THAT SHOULD HAPPEN OTHER THAN THE FACT THAT MORE OF THE BASEMENT WOULD BE EXPOSED THAN IT WERE A SLAP SITE.
UM, SO WITH ALL THOSE THINGS IN MIND, YOU KNOW, I COULD NOT SUPPORT IT DONE.
I AGREE THAT IT NEEDS TO BE POSTPONED.
THE ONLY OTHER QUESTION I'VE HAD IS FOURTH WORKSHOP AND ARCHITECTURE FIRM.
IT'S AN ARTIFICIAL DESIGN AND GENERAL CONTRACTING FIRM YET ARCHITECTURAL DESIGN.
ARE THERE REGISTERED ARCHITECTS ON SET? NO.
THEN YOU CAN NOT USE THE WORD ARCHITECTURE MIND YOU.
SO BE CAREFUL ABOUT THAT, BECAUSE THAT IS ALSO A TVA E A TEXAS BOARD OF ARCHITECTURAL EXAMINERS, UM, INFRACTION.
AND THEY COULD CHARGE YOU BY $10,000 FOR USING ARCHITECTURE.
UH, JESSICA, YOU HAD YOUR HAND UP, I'M WANTING TO SEND THAT.
I AGREE WITH MOST OF THE OTHER BOARD MEMBERS, UH, WHENEVER I SEE A BLANK SLATE LIKE THIS, I HAVE A REAL HARD TIME WITH THESE ASKS AND I MEAN, I'M WILLING TO GO ALONG WITH THE POSTPONEMENT, BUT HONEST THING.
WHAT I'M FEELING IS, IS THAT THERE'S A LOT OF NOS RIGHT NOW.
NO, WHY NOT GET IT OVER? OKAY.
AND I THINK AT LEAST FOR ME, JESSICA, I THINK SO.
SO WE'VE, WE HAVE BEEN PRETTY CONSISTENT THAT TYPOGRAPHY, THE SHAPE OF A LOT CAN BE A HARDSHIP, RIGHT? AND LIKE, I THINK WE'VE GOT THAT HERE AND IT'S ENOUGH FOR ME TO AT LEAST PROMOTION AND, AND TAKE A LOOK AGAIN.
BUT I, I THINK THE, YOU KNOW, I THINK THE BAR IS GOING TO HAVE TO BE CONSIDERABLY HIGHER THAN THAT AT LEAST TO GET WHAT THEY'RE ASKING FOR HERE, BECAUSE I, I JUST DON'T, I DON'T THINK IT'S HARD ENOUGH.
I MEAN, AS, AS, AS, UH, AS CHAIRMAN, LATE BOROUGH ARE WELL POINTED OUT, THERE'S NOT A WHOLE LOT OF, THERE'S NOT A WHOLE LOT OF DIFFERENCE BETWEEN 15 AND 10 FOR THEM.
AND, AND ALSO AS SOMEBODY WHO LIVES ON A 3000 SQUARE FOOT LOT, ALBEIT AGAIN, I CHOSE IT, BUT IT SOUNDS LIKE THEY CHOSE IT TOO, KNOWING THAT WHAT THE SETBACKS WERE.
SO I, YOU KNOW, LIKE I'M OPEN TO SEEING MORE, BUT RIGHT NOW I DON'T SEE IT.
SO I THINK WE'VE GIVEN GOOD ADVICE TO THE APP.
DARA HAD YOUR OLD HOUSE DIDN'T FIT ON A SETBACK, THEN NONE OF THE, NONE OF THE NEIGHBORING PROPERTIES CAN MANAGE THE DIFFICULT.
AND YOU MAY MAKE THAT AS PART OF YOUR PRESENTATION NEXT TIME.
THE OTHER THING THAT I WOULD SUGGEST IS THAT YOU SHOW THE TREE LOCATIONS ASSUMING THAT THEY ARE ALL PROTECTED TREES ON ALL OF YOUR PRESENTATIONS, UM, DIGITAL, I SAW YOUR HAND UP.
I THINK I'M WITH A BOARD MEMBER CO IN HERE, BECAUSE WHAT THIS BOILS DOWN TO, IF YOU LOOK AT WHAT THEY'RE SAYING, THEY, THEY CAN DO WITH A 25 FOOT SETBACK AND WHAT THEY WOULD LIKE TO DO WITH A 15% BACK, WHAT IT BOILS DOWN TO IS GETTING 10 MORE FEET IN THE BACKYARD.
AND I THINK THAT WHAT THEY WOULD HAVE TO CONVINCE THE BOARD IS THAT WITHOUT HAVING A 70 FOOT DEEP BACKYARD, THIS WOULD NOT BE REASONABLE USE.
AND I JUST DON'T, I DON'T SEE THAT IF THERE'S SOME OTHER CONFIGURATION THEY WANT TO TRY OR SOMETHING ELSE, THAT MIGHT BE SOMETHING, BUT I HONESTLY DON'T SEE IT'S A HARDSHIP TO NOT HAVE 10 EXTRA FEET IN THE DEPTH OF YOUR BACKYARD.
SO ARE YOU GUYS MAKING A, AN ALTERNATE, UM, A SUBSTITUTE MOTION OR ARE YOU JUST, UH, JUST MAKING THE POINT THAT IT'S A TOUGH SELL? I WILL MAKE A SUBSTITUTE MOTION TO DENY.
SO POINT OF ORDER, MR. CHAIRMAN, MY UNDERSTANDING IS THAT EMOTION TO POSTPONE SUPERSEDES MOTION TO, TO, UH, EDUCATE THE CASES.
AND, BUT I'M NOT THE PARLIAMENTARIAN.
WELL, I'M NOT EITHER JUST A CHAIR.
SO, UH, LEE, CAN WE GET YOU TO WEIGH IN ON THAT? YES, I BELIEVE THE, UH, THE MOTION TO POSTPONE SUPERSEDES.
THANK YOU FOR CLARIFYING THAT AND THANKS FOR
[02:00:01]
BRINGING THAT UP.SO LET'S GO AHEAD AND HANDLE THE MOTION.
THAT'S ON THE TABLE RIGHT NOW, AND THIS IS A MOTION TO POSTPONE UNTIL, UM, NOVEMBER, UM, MEETING.
UH, AND THAT WOULD BE A MOTION BY MICHAEL MANOHLA AND SECOND BY WRONG.
AND MELISSA, DID YOU HAVE SOMETHING TO SAY BEFORE WE GO TO VOTE? I JUST REALLY WANTED TO TAKE A MINUTE AND TALK TO THE APPLICANT BECAUSE IT SEEMS LIKE WE KIND OF, SHE WAS IN HER PRESENTATION.
SHE USED HER TIME AND, UH, Y'ALL SEED SAW THE NEED OF, WE NEEDED MORE INFORMATION.
AND SO I KNOW IT SEEMS LIKE, KIND OF JUST TOOK IT AWAY FROM YOU, BUT YOU HAD USED YOUR TIME.
AND SO WE WERE TRYING TO GIVE YOU SOME CONSTRUCTIVE FEEDBACK SO THAT IN POSTPONING, YOU, YOU COULD COME BACK AND PRACTICE BE MORE SUCCESSFUL.
AND THAT'S REALLY ALL I RUN INTO SAY CURSE ON A PARTICULAR ADVICE.
THEN MELISSA, LIKE, YOU KNOW, WE WERE KIND OF MOVING FAST AND SHE KEPT TRYING TO TALK TO US, NOT UNDERSTANDING WE WERE TRYING TO BE KIND IN THE WAY OUR RULES WERE.
ONE OF THE CONCERNS THAT I HAVE IS I CAN COUNT BOATS, YOU KNOW, AND THAT'S NUMBER ONE RULE OF POLITICS.
CONTROVERTS BEFORE YOU WALKED IN THE ROOM, YOU SHOULD KNOW WHAT YOU GOT.
I DON'T SEE IT HAPPEN HAPPENING HERE.
AND I REALLY DON'T THINK IT'S RIGHT TO ASK PEOPLE TO JUMP THROUGH A BUNCH OF HOOPS AND BROUGHT A BUNCH OF INFORMATION.
IF THE INTENT IS THEY'RE GOING TO COME BACK AND THEY'RE GOING TO GET SLAMMED DUNKED, ANYHOW, CAUSE THEY'VE GOT A CLEAR LAP.
SO I WANT EVERYBODY LOOKED INTO THEIR HEARTS AND THEIR MINDS AND THINK ABOUT IT.
DO YOU REALLY WANT TO POSTPONE THIS OR DO YOU, DO YOU WANT TO DENY IT AND GIVE THEM A, YOU KNOW, LET THEM GO BACK THOUGH.
AND I HAVE TO BUILD WITHIN WHERE THEN THE LIMITATIONS I HAVE MYSELF PERSONALLY, HAVEN'T SAT ON THIS BOARD FOR SO LONG.
I DO FEEL THAT THE HARDSHIP IS THE SHAPE OF THE LOT.
I COULD CARE LESS IF IT'S AN ACRE.
THE SHAPE OF THE LOT IS A BONAFIDE HARDSHIP.
IT'S DEFINED ACCORDING TO ALL THE RULES AND OUR LAW, THE RULES THAT WE ARE GUIDED BAR BY.
BUT MY CONCERN IS IT'S NOT FAIR AND IT CREATES A LOT OF HEARTBURN AND IT ALSO MAKES US LOOK LIKE A BUNCH OF FRICKING JERKS OUT HERE.
IF WE'RE GOING TO SEND SOMEBODY BACK WITH THE INTENT OF HAVING THEM COME HERE AND DENY IT ANYWAY.
AND I'M COUNTING ME, I'M STILL, I STILL HAVE THE FLOOR AND I, AND I, AND I'M COUNTING MORE THAN TWO, NO VOTES HERE RIGHT NOW.
SO I'M COUNTING AS MATTER OF FACT, I'M COUNTING FOUR.
AND THEN IF WE HAVE A FULL BOARD, YOU KNOW, IT MAY, IT MAY CHANGE.
AND AS YOU'VE EVEN MORE SO I'LL GET OFF MY SOAP BOX.
THAT'S HOW I'M FEELING ABOUT IT RIGHT NOW.
IT'S NOT FAIR TO THE APPLICANT WILL.
AND I WOULD LIKE TO JUST SAY THAT, I THINK WE ARE BEING FAIR IN, IN ASKING FOR A POSTPONE, BECAUSE AS YOU SAID, WE WOULD PROBABLY DENY IT TONIGHT AS IT, AS IT WAS PRESENTED.
HOWEVER, I DON'T SEE IT BIG PERSONALLY, A BIG DIFFERENCE BETWEEN THE 25, 15 FOOT FRONT YARD SETBACK AND THE IN ITEM TO WRITE A ONE IS EASILY HANDLED AND MAY BE SOMETHING THAT THEY SHOULDN'T, OR WOULDN'T COME BACK AND ASK A VARIANCE ON, UM, AND, UH, AND PUT ALL THEIR EGGS.
IT WHERE THEY REALLY NEED IT MAY VERY WELL BE ON THE BASEMENT EXEMPTIONS.
UM, BUT THAT WOULD BE MY, UM, MY TAKE ON THIS THAT I DON'T THINK THE CASE IS WITHOUT MERIT.
UH, BUT IT, UH, IT NEEDS TO BE, UH, CLEARLY PRESENTED TO US IN THE HARDSHIP NEEDS TO BE SPOKEN TO BROOKE AND THEN VERONICA.
AND THAT'S WHAT I WAS GOING TO SAY, MICHAEL, THERE'S TWO VARIANCES ARE ASKING HERE FOR, IT'S NOT JUST THE SETBACK AND IT'S SLOPE.
I DON'T KNOW HOW, I JUST CAN'T SEE THAT IT'S THAT SEVERE FOR THE BASEMENT EXTENSION.
I NEED MORE INFORMATION FROM THAT.
SO FOR ME, THAT'S THE BIGGER DEAL IN THE SETBACK AND NOT ABOUT JUST GETTING A FREE RIDE ON THE BASEMENT, SHOW ME WHY THEY NEED THAT FOR SUCK BACK.
I DO REMEMBER BECAUSE IT IS A VACANT LOT, BUT IF THEY COULD SHOW ME A LITTLE SOMETHING, OR MAYBE WE SPLIT IT, OR I DON'T KNOW WHAT, BECAUSE ACROSS THE STREET IS LESS, BUT THAT ALL ALONG THAT STREET, THERE ALL THAT MUCH ANYMORE, ALL THE SETBACKS, BECAUSE THEY CAN BE SET BACK AVERAGING THE FURTHER BACK, PROBABLY.
UM, SO I DON'T MIND POSTPONING.
I MEAN, I MEAN, I'M INCLINED TO DENY IT, BUT LET THEM BRING ME THE INFORMATION, LET THEM TRY TO CONVINCE ME BECAUSE IF THEY DENY IT, THEY CAN'T COME BACK FOR A YEAR.
SO, UM, AGAIN, I HAVE TO AGREE WITH MICHAEL.
UM, EVEN THOUGH THERE SHOULDN'T BE
[02:05:01]
COUNTING VOTES, BUT, UM, THAT'S, THAT'S A DIFFERENT THING, BUT IN TERMS OF JUST THE HARDSHIP, THERE IS A HARDSHIP HERE.AND SO I AGREED WITH, UM, WAS ROM IT'S EASY SECOND AT THIS MOTION.
IT IS A UNIQUE PIECE OF PROPERTY, THE CONFIGURATION OF THE LAW.
UM, THERE IS ADDITIONAL INFORMATION AS AN ASSISTANT.
SO WHEN MELISSA WAS SAYING, YOU KNOW, WE'RE TRYING TO GIVE YOU MORE INFORMATION.
I THINK THAT IS SOMETHING THAT I WANT TO GIVE YOU THIS WHILE THE APPLICANT IS IN YOUR PRESENTATION.
AND ESPECIALLY BECAUSE YOU'RE HEARING SOME FOLKS THAT ARE, THAT ARE SAYING, YOU KNOW, POSSIBLY THEY, THEY'RE NOT SUPPORTIVE OF THIS IS IN YOUR PRESENTATION.
YOU STATED THAT YOU HAVEN'T BEEN ABLE TO BUILD.
SO THAT'S, THAT'S WHAT I WANT TO HEAR.
IT'S LIKE, IF THESE ARE THE VARIANCES THAT YOU'RE REQUESTING, THEN EXPLAIN THOSE VARIANCES.
WHAT, WHAT IS IT, WHY HAVE YOU NOT BEEN ABLE TO BUILD, BECAUSE IT WAS DEMOLISHED ALREADY FOR AWHILE.
BUT APPARENTLY THERE, WHAT I ALSO HEARD WERE THAT THERE WERE SEVERAL ARCHITECTS THAT HAVE COME BACK OR HAVE WORKED ON THIS AND THEY HAVEN'T BEEN ABLE TO BUILD.
SO, SO, AND SO LOOK AT THAT HARDSHIP AND, AND PROVIDE US SOME ADDITIONAL INFORMATION FOR THIS LOT, BECAUSE IT IS A BLANK SLATE.
SO MR. CHAIRMAN, I'LL JUST CLOSE ON THIS.
I THINK THEN IN MY FELLOW COMMISSIONERS I'VE REALLY APPRECIATE YOUR EXPLANATIONS BECAUSE IF I WAS THE APPLICANT AND THAT'S WHAT I WAS SITTING HERE DOING, PUTTING MYSELF IN.
I DON'T THINK SOMETIMES WE REALLY INTEND TO COME ACROSS THE WAY WE DO, BUT AI, WEBEX, IT'S A, MAYBE IT'S SORT OF LIKE TEXTS AND YOU DON'T KNOW WHAT ARE, WHAT THE EMOTION IS BEHIND IT, BUT IT SURE DID COME ACROSS.
LIKE WE WEREN'T GOING TO DO THEM.
SO I REALLY DO APPRECIATE Y'ALL COME CHARMING BACK IN AND EXPLAINING IT MYSELF PERSONALLY, I SUPPORT IT.
AND I WANTED THEM TO HEAR THAT BECAUSE THE SHAPE OF THE LOT IS A BONAFIDE IS A BONAFIDE HARDSHIP.
AND CERTAINLY THE TOPOGRAPHY IS RELATIVE TO THE BASEMENT EXEMPTION.
THAT IF THERE WAS NO EVEN FLAT SIDE AGAIN, THAT WOULD BE IT, THAT WOULD BE A NONSTARTER, BUT CHIPS, THEY DO HAVE THAT.
THEY REALLY NEED TO SHOW US WHAT THAT IS.
ARE THEY GOING WITH A BASEMENT AND ONE STORY ABOVE, OR ARE THEY GOING WITH THE PATIENT AT TWO STORIES ABOVE, WHICH MEANS YOU'RE GETTING, YOU KNOW, A THIRD MORE HOUSE THAN THEY WOULD OTHERWISE IF THEY WEREN'T DOING THAT.
SO YES, SIR, MR. CHAIRMAN HAVE ASKED FOR THAT INFORMATION IN THE PAST AND THAT'S VERY REASONABLE.
UH, ANY, UH, I SEE KELLY'S HAND UP SINCE WE'RE, WE'RE ALWAYS BEING IN ON WHAT WE'RE LOOKING TO SEE NEXT TIME.
UM, YEAH, I DO AGREE THAT THERE IS A HARDSHIP HERE WITH RESPECT TO THE TOPOGRAPHY IN PARTICULAR LEADERSHIP OF WHAT MY BIG CONCERN IS LIKE, ARE WE ASKING FOR THE MINIMUM POSSIBLE VARYING INTEREST THAT'S NEEDED? DO WE NEED A 10 FOOT, UM, UM, VARIANCE FROM THE SETBACK? DO WE NEED THAT, THAT BASEMENT THROWING IT? SO, YEAH, I DEFINITELY THINK WE NEED MORE INFORMATION, BUT I MEAN, I'M NOT AT A POINT WHERE I'M WILLING TO SAY YES OR NO TO IT.
UM, I'LL WAIT UNTIL WE GET THAT ADDITIONAL INFORMATION.
DID YOU HAVE SOME FINAL THOUGHTS? NO, I, I JUST, YOU KNOW, I THINK SOMETIMES IT'S, IT'S HARD FOR PEOPLE AND BECAUSE WE'RE ON BOTH MY BAGS, I DON'T, IF YOU, IF YOU HADN'T BEEN HERE BEFORE, YOU MIGHT NOT HAVE UNDERSTOOD WHAT WAS HAPPENING AND WE WERE JUST KIND OF TOSSING ALL THESE THINGS AT HER.
SO I WANTED TO JUST TAKE A MINUTE AND EXPLAIN THAT.
KIND OF FELT A LITTLE, CAN I ASK ONE MORE QUESTION AS THE APPLICANT, BECAUSE IT HAS BEEN HELPFUL.
UM, JUST A QUICK ONE, I WILL ASK YOU WHAT YOUR QUESTION IS, WHAT IT IS.
WELL, I'M JUST WONDERING SINCE THE TIME THAT WE DO GET TO PRESENT IT, SO TRUNCATED, WOULD IT BE HELPFUL THEN TO CREATE A MUCH MORE ROBUST PACKET WITH A LOT OF DRY DESIGN ITERATIONS THAT WE'VE BEEN THROUGH OVER THE YEARS? WOULD THAT, THAT WOULD, YEAH.
I MEAN IT, AND HONESTLY TRYING TO SEE WHAT THAT BASEMENT WOULD LOOK LIKE.
I MEAN, LIKE I SAID, MY LIFE IS COMPLETELY BACKWARDS FROM THIS.
MY PIE SHAPE IS A FRIEND, UM, AND, AND MY BASEMENT'S IN THE BAG.
SO I'M HAVING A HARD TIME IMAGINING WHAT THAT BASEMENT WOULD LOOK LIKE WITH WHAT YOU'RE GOING TO SHOW, AND WHAT'S GOING TO BE VISIBLE FROM THE STREET.
AND I'M ALSO THINKING ABOUT PEOPLE TRAVELING FROM THE STREET, RIGHT GARAGE.
WE MOSTLY JUST DIDN'T WANT THE HOUSE SITTING ON SOME TALL COLUMNS THAT WEREN'T ENCLOSED, BECAUSE THEN IT DOES BECOME LOOKING COMMERCIAL.
UM, SO AGAIN, YOU KNOW, WE CAN PROVIDE THAT, BUT WE WERE, I GUESS I DIDN'T REALIZE IT WAS SO MUCH ABOUT DESIGN WAS TRYING TO HANDLE JUST THESE, THESE PARAMETERS
[02:10:01]
THAT BEN CAN INFORM THE DESIGN.IT'S ABOUT US UNDERSTANDING WHY IT IS THAT YOU NEED A REMEDY FROM WHAT THE RULES ARE FOR EVERYBODY ELSE BECAUSE OF YOUR UNIQUE POSITION THAT IS NOT SHARED.
UH, YOU KNOW, AND, AND, AND THIS IS AN UNDENIABLE HARDSHIP, AS OPPOSED TO, THIS IS JUST WHAT WE WANT.
I JUST WANTED TO SPEAK TO, TO, TO WHAT YOU'RE SAYING, EVERYBODY, EVERYBODY GETS THE SAME AMOUNT OF TIME AND IT IS, IT IS, IT IS THE BURDEN IS ON YOUR VISUAL PRESENTATION, UH, TO, TO, TO SELL THIS.
AND, UM, YOU YOU'VE HEARD THE DISCUSSION AND, UM, YOU JUST GOT AS MORE, AS MUCH INFORMATION.
THERE IS NO LIMIT ON THE SIZE OF THAT PACKAGE.
SO IF YOU WANT TO SHOW MYSELF AND ANY OTHER MEMBERS OF THE BOARD, WHAT, WHAT HAS BEEN GONE THROUGH? I KNOW THAT FOR ME, THAT, YEAH.
AND I NEED, AGAIN, I'M, I'M, I'M ALSO AN, I'M A, I'M AN ARCHITECT.
SO EVERYBODY'S REALLY KIND OF REALLY STRUGGLED WITH THIS.
I'VE WORKED ON THOSE PROJECTS BEFORE.
UM, AND SO I'VE BEEN, I'VE BEEN THE LAST ARCHITECT ON THIS PROJECT BEFORE, SO I KNOW WHAT IT'S LIKE, CELIS, OR, OR, OR, OR RATHER GIVE US ENOUGH VISUALS THAT WE'RE, WE'RE KIND OF CLIENTS HERE.
AND SO IT'S LIKE YOU SELL US, LIKE YOU WOULD SELL, YOU COULD PITCH IT TO US.
LIKE YOU CAN PITCH IT TO YOUR CLIENTS.
AND THAT VERY WELL MAY HELP TURN SOME OF THE NODES THAT HAVE BEEN COUNTED IN INDIANA.
ANY FINAL WORDS FROM ANYONE, OR WE TAKE A VOTE.
THIS IS A VOTE TO POSTPONE UNTIL NOVEMBER.
UH, WE HAVE, UH, UH, A MOTION BY MICHAEL BUTTON HOLE IN A SECOND BY WRONG MCDANIEL.
LET'S GO AHEAD AND CALL THE ROLL, BROOKE.
SO IT PASSES AND WE WILL, UM, UH, HAVE A POSTPONE IN HERE, THIS CASE AGAIN IN NOVEMBER.
AND YOU CAN GET, UH, UH, FOR THE APPLICANT YOU CAN GET WITH ELAINE, UM, UH, IF YOU HAVE ADDITIONAL QUESTIONS OR WHATEVER.
UM, BUT, UH, WE APPRECIATE YOUR TIME TONIGHT.
UM, MOVING ON TO OUR LAST NEW ITEM, UH, THAT IS C FIVE C
[C-5 C15-2020-0059 Stephen Valdez for Robert Sparks 6004 Sierra Grande]
15 2000 DASH 2020 DASH ZERO ZERO FIVE NINE.THIS IS STEVEN VALDEZ, ROBERT SPARKS AT 6,400.
UM, IT'S FOR SIERRA SIERRA GRANDE DAY.
AND THE PERSON THAT WE HAVE ON HERE IS STEVEN VALDEZ.
SO I'LL MAKE IT A PRETTY SHORT AND SWEET.
I KNOW EVERYBODY'S TIRED, SO I'M NOT WORKING ALL DAY.
UM, SO BASICALLY WE'RE BUILDING A CAR PORT FOR MY CLIENTS HERE.
AND, UM, I'M JUST ASKING FOR A SET BACK FROM 25 FEET TO 17 FEET IN REGARDS TO THE DISTANCE FROM THE STREET AND ALL THAT GOOD STUFF.
AND THE WHOLE REASON FOR THE CARDBOARD IS ONE TO PROTECT THEM FROM THE, FROM THE WEATHER CAUSE THEY ARE OF AGE AND THEY ARE DISABLED.
AND THE GARAGE IS VERY CRAMPED ON UNABLE TO GET IN AND OUT EASILY FOR THE FUTURE WHEELCHAIRS THAT ARE GOING TO BE NEEDED.
SO THE OPEN CARDBOARD, THIS KIND OF ALLOWS THEM TO IN AND OUT VERY EASILY AND THEN PROTECT IT FROM THE WEATHER AND WHATNOT.
AND NOT TO MENTION THAT, I MEAN, LIKE I SAID, IN THE FUTURE, WE'RE PROBABLY GOING TO HAVE TO DESIGN CANALS FOR THE SIDEWALK FOR RAMP AREAS, STUFF LIKE THAT.
[02:15:01]
I'M TAKING IT.I MEAN, I'M IN YOUR HANDS A LITTLE MORE TIME, IF YOU WANT TO SPEAK TO ANYTHING.
WELL, I MEAN, YES, THIS IS MY FIRST TIME DOING THIS.
SO I'M KIND OF, I'M A LITTLE BIT NERVOUS, BUT YOU KNOW, I'M JUST TRYING TO GET THE POINT FOR THAT.
YOU KNOW, WE JUST WANT TO GET THIS THING DONE.
AND AS FAR AS I KNOW, THERE HAS BEEN ONE PERSON THAT'S GOING OUT THERE THAT HAD A PROBLEM WITH THIS, BUT I'VE HAD OTHER PEOPLE TO COME BY AND JUST LOVE IT.
AND WHEN IT'S ALL SAID AND DONE, IT'S GOING TO BE JUST NOT, IT DOESN'T TAKE AWAY FROM THE NEIGHBORHOOD.
IT LOOKS JUST LIKE IT'S GOING TO BE ATTACHED TO THE HOUSE.
LIKE IT WAS MEANT TO BE THERE AND NOT SOMETHING THAT SOMEBODY JUST THREW UP.
AND SO THERE'S A CARPORT AND I MEAN, MR. SPARKS IS 8% THIS WAY.
SO THAT'S, I'M DOING THE BEST I CAN TO GET HIM WHAT HE NEEDS TO HAVE.
AND BY DOING THE VARIANTS, THAT WOULD HELP US OUT TREMENDOUSLY TO GET THIS THING COMPLETED.
AND HOPEFULLY THEY CAN HAVE A SAFE AND ENJOY THEIR TIME WITH THE REST OF THE HOUSE, PUBLIC HEARING.
I'M SURE WE'LL HAVE SOME QUESTIONS.
I'D LIKE TO START WITH THE APPLICANT.
UM, SO, UM, DID YOU KNOW THAT WE ARE IN THE PROCESS OF DOING A PERMIT? WE HAVE THE PERMIT, BUT WE HAVE TO GIVE TO THE BOA TO GET THE BARRIER TO THE VARIANCE, BUT YES, THERE IS A PERMIT AND, BUT YOU DIDN'T PULL A PERMIT BEFORE HE STARTED THE CONSTRUCTION.
SO THIS WAS THE CODING COMPLAINT, A CODE COMPLAINT OF ISSUE THAT SOMEONE TURNED IT INTO CODE COMPLIANCE.
HELLO? ALL SCIATICA, SORRY, MR. VALDEZ FROM HERE.
SO WHAT IS THIS TURNED INTO CODE COMPLIANCE AND YOU GOT A RED TAG, BASICALLY LIKE THE MINES.
CAUSE ONCE WE GOT THE CODE COMPLIANCE, WE AUTOMATICALLY, WE WENT DIRECTLY TO THE PERMIT OFFICE.
YOU GOT EXCITED BY, YOU GOT EXCITED BY CODE COMPLIANCE BECAUSE YOU DIDN'T PULL UP.
I'VE BEEN DOWN THIS ROAD A FEW TIMES.
SO LET ME, LET ME ASK YOU THIS.
UM, UH, IS THE, UH, IS, UH, WHAT IS THE GARAGE CURRENTLY USED FOR RIGHT NOW? THEY, LIKE I SAID, THERE, THERE IS THERE'S STUFF IN THERE RIGHT NOW, BUT AGAIN, THERE'S NO ROOM FOR THE VEHICLES IN THERE BECAUSE THEY, BECAUSE THEY USE IT FOR STORAGE OR THINGS LIKE THAT.
WELL, NOT ONLY THAT, BUT I MEAN, THERE'S, THE VEHICLES ARE, IF THE GARAGE IS TOO NARROWS UNTIL IT'S FOR THEIR VEHICLE TO PARK IN THERE AND OPEN THE DOOR OFFICIALLY.
DO THEY HAVE, ARE TWO CARS? TWO CARS.
UM, AND WHAT'S THE GRAY DIFFERENTIAL BETWEEN THE GARAGE AND THE, UM, HOUSE GREG? NOPE.
IS THERE A STEP BETWEEN THE HOUSE AND YOU'RE ON THE SAME LEVEL? UH, THERE IS, UH, LIKE A TWO INCH STEP UP.
AND THE REASON I BRING THAT UP IS YOUR, UH, IN YOUR PLANS HERE, UM, THERE IS A PREEXISTING SIDEWALK FROM THE DRIVEWAY, AND THEN THERE ARE ONE, TWO, THREE STEPS UP TO THE FRONT PORCH AND ANOTHER STEP UP INTO THE HOUSE.
SO THIS BY NO MEANS AS IT CURRENTLY EXISTS IS A, WHAT I CONSIDER AN ACCESSIBLE ROUTE IS AN ARCHITECT.
TRYING TO GET SOMEONE UP IN A WHEELCHAIR, TAKING UP ONE, TWO, THREE, FOUR RISERS.
IF THERE'S A VERY LITTLE DIFFERENTIAL BETWEEN THE HOUSE AND THE, UH, THE CARPORT WE HAVE, FROM WHAT YOU'VE SAID, IS THAT SAFE TO SAY THAT WE HAVE A LOT MORE DIFFERENTIAL BETWEEN THE EXISTING DRIVEWAY? HELLO? YES.
WELL, YOU MUST SEE YOUR HAND UP.
AND THEN BROOKE, WE'LL GET YOU, UM, MR. VALDEZ, I'LL ASK, I'LL ASK ONE QUESTION, WHICH IS WHAT TYPE OF VEHICLE DO YOUR CLIENTS,
[02:20:02]
UM, EITHER USE OR PROPOSE TO USE WITH, UH, YOU KNOW, TO, YOU KNOW, TO, TO, TO HAND, TO, TO, TO TRANSPORT THEIR WHEELCHAIRS AND, OR THEIR MOTORIZED VEHICLE, UH, MOTORIZED MOBILITY DEVICES.YOU'RE ASSUMING THEY HAVE THOSE JUST BECAUSE YOU HAVE DISABLED VETERAN VETERAN AND PLAYING MY DISABILITIES, BUT I DON'T, IT DOESN'T MEAN THAT HE'S IN A WHEELCHAIR.
I DON'T THINK ANYBODY MENTIONED THEM BEING IN A WHEELCHAIR OR ADA ACCESSIBLE AS WELL.
I THINK IT WAS MENTIONED, HOWEVER, THAT BECAUSE OF THE GARAGE, YOU KNOW, IN, IN THE ROOM TO MANEUVER SPECIFICALLY THE, THE NARROWNESS OF THE GARAGE THAT'S, THAT WAS, THAT WAS WHERE I WAS KIND OF TAKING THAT QUESTION.
UM, OR, AND MAYBE, MAYBE THAT ISN'T KNOWN RIGHT NOW.
I MEAN, I'M ON THE ONE HAND MR. VALDEZ, UM, YOU WERE A COP BUILDING WITHOUT A PERMIT, AND THERE'S A REASON THAT THERE ARE PERMITS ON THE OTHER, ON THE OTHER HAND, ON THE OTHER HAND, UM, HAD YOU ARE AT YOUR CLIENTS NOT STARTING CONSTRUCTION, HAD THEY WANTED TO DO THIS? THEY WOULD HAVE HAD TO COME JUST FOR THE SAME REASON THAT THEY HAD TO HAD TO COME HERE BECAUSE YOU'RE BUILDING SETBACK.
SO, UM, BUT YOUR, YOUR AS CHAIRMAN IN BURWELL SAID, I MEAN, YOUR, YOUR, YOUR HARDSHIP, YOUR, YOUR, YOUR ASKED YOUR REASON FOR ASKING US HERE IS YOU'RE SAYING THAT IT'S IT'S FOR, YOU KNOW, FOR ACCESSIBILITY AND FOR DISABILITY.
SO, YOU KNOW, AND I HAVE NO REASON TO ASSUME THAT THAT'S NOT THE CASE.
SO, GIVEN WHAT, UH, CHAIRPERSON, CHAIRMAN LAYTON BURWELL SAID REGARDING THE, THIS, YOU KNOW, THE, THE PATH FROM THE CARPORT INTO THE HOUSE, WHAT MODIFICATIONS WOULD YOU BE AGREEING TO IF YOU GOT THIS VARIANCE OR, OR IF, IF IT WERE HELPING YOU GET THIS VARIANCE, WHAT MODIFICATIONS TO THAT PATH WOULD YOU BE AGREEING TO SUCH THAT IT IS A, AN ACCESSIBLE PATH AND AN ACCESSIBLE PATH BY THE, AS DEFINED BY THE CITY OF BOSTON'S VISIBILITY? ORDINANCES IS A, IS A, IS A PATH THAT IS ONE 12 SLOPE, ONE IN 12 MAXIMUM SLOPE, UH, WITH HANDRAILS.
IS, IS THAT SOMETHING THAT YOU WOULD BE CONSTRUCTING, UH, AS PART OF THIS, UH, YOU KNOW, AS PART OF YOUR FINAL PERMIT, UM, APPROVAL? YES.
THEY WILL NOT PROBABLY BE GOING THROUGH THE FRONT SIDEWALKS UP THOSE STAIRS IN THE FIRST PLACE, BECAUSE ON THE SIDE, THERE IS A SIDE ENTRANCE, BUT THAT'S STEP UP.
IT'S ABOUT ALMOST A FOOT 10 INCHES TO A FOOT.
THERE WOULD PROBABLY BE WHERE A RAMP WOULD GO AND THEN PUT ON THEIR FRONT PORCH.
AND THEN WE CAN GO STRAIGHT TO THE DOOR FROM THERE.
THAT'S WHAT COMES INTO PLAY BECAUSE THEY CAN GET DIRECTLY FROM THE CARPORT TO BED, FRONT PORCH, TO THE FRONT DOOR, A LOT EASIER.
BROOKLYN VOLUNTEER IF WE NEED THIS CARDBOARD, BUT BECAUSE THIS IS OUR FIRST ONE.
IF THEY CAME TO ME TODAY TO GET A PERMIT TO BUILD THIS, WOULD I APPROVE IT? BUT FROM WHAT I'M SEEING, IT WOULD BE A NO.
AND SO I'M PROBABLY NOT ON BOARD WITH THIS.
MY OTHER THING IS WE'RE TALKING ABOUT FUTURE CONDITIONS THAT THEY MAY NEED WHEELCHAIRS IN THE FUTURE AND FUTURE CONDITIONS.
AND IT WOULD HAVE TO BE A CURRENT CONDITION.
MY UNDERSTANDING IS THEY'RE BOTH STILL MOBILE.
THEY CAN BOTH GET IN AND OUT OF THEIR CAR.
SO WHERE I STAND TODAY IS THAT I'M NOT ON BOARD WITH THIS AT ALL.
UH, BROOKE, UM, ARE THERE ADDITIONAL QUESTIONS JUST ONCE I THINK THAT I WOULD LIKE TO MENTION TOO, WE ALMOST ALWAYS SEE THIS, WHICH IS THE ADDED TO THE FRONT OF A BUILDING.
UH, YOU CAN CHOSE YOUR MIND NEIGHBORHOOD AND FIND HIM PRETTY EASILY WHEN SOMEONE HAS DECIDED THAT THEIR CAR PORT, I MEAN, THEIR GARAGE, THERE'S NO LONGER A GARAGE GARAGE WAS DESIGNED TO, UH, HANDLE VEHICLES.
AND, UH, BECAUSE SOMEONE HAS, UM, FILLED IT UP WITH OTHER STUFF OR WHATEVER, DOESN'T, UH, DOESN'T A HARDSHIP MAKE FROM MY PERSPECTIVE, KELLY, I SEE YOUR HAND UP.
IT LOOKS LIKE ON THE LEFT SIDE OF THE HOUSE, THE NORTHWEST CORNER THERE, ISN'T
[02:25:01]
THERE SPACE TO BUILD ON WHETHER THAT'S A STORAGE ROOM OR NOT.I'M NOT SURE, BUT, UM, IT SEEMS LIKE IF YOU'RE NOT TAKING INTO ACCOUNT THE AVAILABLE SPACE ALREADY ON THE SITE AND WITHIN THE SETBACK, I'M NOT SURE HOW YOU CAN JUSTIFY A CARPORT.
UM, I WOULD NEED MORE INFORMATION ABOUT WHY THAT WOULD NOT BE POSSIBLE.
DARRYL, LET ME SEE YOUR HAND UP AND THEN WE'LL GO TO JESSICA.
SO I WANTED TO ASK ABOUT THE, UH, FINDING PLANS FROM VSA STRUCTURAL ENGINEERS THAT ARE PART OF THE PACKAGE.
IS THIS, IS THIS WHAT YOUR CLIENT IS PROPOSING TO BUILD? IF THEY GET THIS VARIANCE IS EXACTLY WHAT YOU'RE DOING.
SO I WANTED TO ASK YOU ABOUT THAT BECAUSE IF YOU LOOK AT THE FIRST PAGE OF THAT, THE FRAMING PLAN, IT SHOWS A NEW FOUNDATION IS GOING TO BE PUT DOWN FOR THE, FOR THE CARPORT.
BUT IN FACT, THAT'S NOT WHAT YOU'RE DOING.
IF YOU LOOK AT THE PICTURES, IT LOOKS LIKE YOU'RE JUST PUTTING THE CARDBOARD OVER THE EXISTING DRIVE.
AND IN FACT, THAT'S WHAT YOU TOLD AUSTIN ENERGY AND THE BUILDING SERVICE PLANT APPLICATION.
SO, UM, ARE THEY PLANNING TO PUT ANOTHER, ANOTHER NEW PART OF THE FOUNDATION DOWN UNDER THAT CARPORT AREA OR NOT? I DON'T KNOW WHY THAT GOT IN THERE, BUT YEAH, NO, WE'RE JUST GOING WITH, I'M SORRY.
THEY'RE PLANNING TO PUT THE NEW CONCRETE DOWN OR THERE NOT, NO, SIR.
SO THE PLANTAINS THAT YOU'VE SUBMITTED TO AS ARE NOT GOING TO BE, WHAT'S GOING TO BE SUBMITTED FOR THE PERMIT.
UH, WE SUBMITTED THESE PLANS FOR THE PERMIT, BUT I DID NOT SEE THAT NEW FOUNDATION.
UM, THERE'S GOING TO BE JUST TWO FOOTINGS, TWO FOOTERS, TWO SEPARATE PUBS.
THAT'S THE ONLY CONCRETE THERE.
DARRYL, DO YOU HAVE MORE? UM, NO.
UH, JESSICA, I WAS HOPING, BRING ME ONE OF THE ARCHITECTS ON THE BOARD COULD EXPLAIN TO ME HOW THAT DIFFERENCE OF, YOU KNOW, WHAT I SEE IS ONLY 16 INCHES OF CONCRETE ON THE DRIVEWAY MATCHING UP WITH THE GARAGE WOULD ACTUALLY BEING A BENEFIT TO SOMEONE WHO WAS POTENTIALLY GOING TO BE DISABLED.
I'M JUST, I'M NOT SEEING HOW THIS IS GOING TO HELP AT ALL.
I KIND OF AGREE WITH BOARD MEMBER LIKE, WELL, THIS IS JUST, MY GARAGE IS FULL AND I WANT A CARPORT.
AND IF, IF MAYBE ANY OTHER HOUSE IN THE NEIGHBORHOOD HAD A CARPORT, I MIGHT LEAN TOWARDS THIS.
OR, AND IF THEY HAD ASKED BEFORE HAND PERMISSION INSTEAD OF FORGIVENESS, MAYBE I'M JUST RIGHT NOW, I'M A KNOW AND HOPING SOMEONE CAN HELP ME OUT A LITTLE.
SO THEY DON'T WASTE A LOT OF MONEY.
I MEAN, UNFORTUNATELY, UM, UNFORTUNATELY COMMISSIONER COHEN THERE THEY'RE ACCESSIBLE ROUTE WOULD HAVE TO GO THROUGH THE FRONT DOOR.
UM, IF THERE A 16 INCH DIFFERENCE.
UM, I THINK ALSO AS WELL, I'M TRYING TO BE VERY, VERY CAREFUL IN MY WORDS HERE, BUT, UM, IN ORDER FOR THIS CAR, FOR, FOR WHAT'S THE PARKING SURFACE OF THIS CAR PORT TO BE CONSIDERED ACCESSIBLE, IF IT WOULD BE, IF IT WERE A NONRESIDENTIAL STRUCTURE THAT WAS BEING EVALUATED UNDER TEXAS ACCESSIBILITY STANDARDS OR ADA, I MEAN, YOU WOULDN'T BE ABLE TO HAVE ANY MORE THAN A ONE 50 SLOPE IN EITHER DIRECTION.
AND, UH, FROM THE PICTURES, IT DOES NOT LOOK LIKE IT MEETS THAT STANDARD.
UM, I BEGAN KIND OF GINGERLY SAY THIS, BUT I BELIEVE THIS IS A CASE OF, AS COMMISSIONER LANESBOROUGH SAID, UH, THEY WANTED A CARPORT AND OUR CHAIRING PERSON, THEY WANTED, YOU KNOW, WANTING A CARPORT BECAUSE THERE'S STUFF IN THE GARAGE.
AND I THINK IT'S ALSO, UNFORTUNATELY IN CASE OF, UM, WELL, IT'S JUST AN X, WE DON'T NEED A PERMIT AND THEY GOT CAUGHT AND, UH, I'VE HAD CLIENTS BE IN THAT POSITION BEFORE AND I HAVE DONE WHAT I COULD TO TRY TO HELP THEM OUT OF IT.
I CERTAINLY UNDERSTAND WHERE IT COMES, YOU KNOW, WHAT, YOU KNOW, WHAT HAPPENS.
[02:30:01]
SIR, I AGREE ALSO AGREE THAT, YOU KNOW, GETTING A V YOU KNOW, WITH COMMISSIONER BAILEY GETTING, UH, GETTING A VARIANCE NOW FOR SOMETHING THAT MAY HAPPEN LATER IS NOT WHAT WE'RE HERE FOR.UM, AND THE ONLY OTHER THING THAT I'LL ADD IS, IS, UH, ON THE, UH, SURVEY, THERE'S QUITE A LOT OF, UH, AREA OFF OF SIERRA, NEVADA FOR A STRUCTURE IN BACKYARD THAT WOULD MEET ALL OF THE SETBACK REQUIREMENTS.
CAUSE THE SIDE YARD SET BACK, UH, ON THE BUILDING, THERE'S ONLY 15 FEET.
UM, SO HAD THEY THOUGHT THIS THROUGH, UM, IT WOULDN'T HAVE GOTTEN IN THIS PICKLE, BUT THIS IS WHAT HAPPENS AS WILLIAM SAID, WHEN YOU DON'T PULL PERMITS, UH, MELISSA MAKE A MOTION FOR DENIAL.
SO THIS IS, UH, WE HAVE A MOTION FOR DENIAL.
UM, AND A SECOND I, BROOKE BAILEY IS, OR I'M SORRY.
UM, I'M SURE IF OUR LEGAL COUNSEL WAS WANTING TO PROVIDE US SOME ADDITIONAL INFORMATION, UH, YEAH.
LEE, WE SAW YOU APPEAR ON THERE.
WAS THERE SOMETHING YOU WANTED TO SAY? I JUST WANT TO MAKE SURE THAT THE MORE IT WAS WHERE THE, THE, THE HARTFORD WERE.
I JUST WANTED TO MAKE SURE THAT THE BOARD WAS, UM, THERE'S BEEN, THERE'S BEEN DISCUSSION ABOUT A DISABILITY.
I WANTED TO MAKE SURE THE HARDSHIP IN THIS CASE IS UNIQUE TO THE PROPERTY AND NOT THE PERSONAL CIRCUMSTANCES IN THIS CASE.
AND THAT'S ALL I WANTED TO ADVISE.
INCREDIBLE GREG, BEFORE YOU, UH, BEFORE YOU GO, I THINK IT'S GOOD FOR US TO REINFORCE THE FACT THAT THAT IS ONE OF THE, ONE OF THE THINGS THAT PEOPLE GET THEIR FEELINGS HURT ABOUT IS YOU CANNOT GIVE A HARDSHIP UNDER ANY CIRCUMSTANCES SIMPLY BECAUSE SOMEBODY CAN'T GET THERE OR THEY MAY BE DISABLED OR FOR FINANCIAL ABILITIES.
SO YES, I'M QUICK FORWARDING, BUT JUST TALKING ABOUT ME LIKE THAT.
IN MY NEIGHBORHOOD, WE SAW A CARPORT THAT WAS 25 YEARS OLD.
THE PEOPLE WERE WELL INTO THEIR EIGHTIES AND IT HAD TO BE TAKEN DOWN BECAUSE IT WAS NOT, UM, LEGALLY PERMITTED, UH, ANY OTHER, UH, COMMENTS AND THANK YOU FOR THAT CLARIFICATION.
SO WE HAVE A MOTION, UH, TO DENY, UH, BY MELISSA AND A SECOND BY BROOKE.
UH, LET'S GO AHEAD AND CALL THE ROLL BROOKE.
UH, SO, UH, UH, YOUR VARIANCE HAS BEEN DENIED.
YOU CAN COME BACK FOR RECONSIDERATION.
YOU CAN TALK TO ELAINE ABOUT THAT.
YOU HAVE TO APPLY FOR RECONSIDERATION, BUT, UH, WITHIN 10 DAYS, I BELIEVE IT IS, BUT YOU HAVE TO COME UP WITH NEW EVIDENCE.
UM, AND, UM, THERE WAS A RECONSIDERATION.
AND, UH, YES, THAT'S, THAT'S IT.
UM, WE, WE GOT THROUGH ALL OF THE NEW OF BUSINESS I TRIED, BUT WE DID, BUT I DIDN'T DO IT AS WELL AS YOU DID.
THERE, THERE WASN'T A LOT TO SPEAK TO.
[D-1 C15-2020-0042 Harmony Grogan for Jessie Patton-Levine 2202 West 49th Street]
UM, THIS ISAND, UH, THIS IS, UH, ITEM D ONE C 15 DAYS, 2020 DAYS, ZERO ZERO FOUR TWO.
UH, HOW MANY BROGAN FOR JESSE PATENTLY LEVINE.
AND THIS IS A 2202 WEST 49TH STREET.
AND IT'S A VARIOUS OF LAND DEVELOPMENT CODE, UH, SPECIFICALLY SPEAKING TO VALUATION.
[02:35:07]
SO MS. GROGAN, IF YOU'RE THERE, I THINK IT HAS A LITTLE BIT OF A DELAY.I'M SURE SHE'S TRYING TO GET HERE.
THANKS FOR YOUR TIME THIS EVENING.
SO I'M THE ARCHITECT AND APPLICANT FOR THE HOME OWNERS OF THE RESIDENCE THAT 2202 WEST 49TH STREET, THEIR HOME WAS BUILT IN 1947 AND IS ONLY 947 SQUARE FEET.
THE LOT IS SMALL MEASURES, 5,025 SQUARE FEET, AND WAS SUBDIVIDED IN 1968.
THE HOMES NEED OF REPAIRS AND ADDITIONAL SQUARE FOOTAGE WOULD BE VERY BENEFICIAL AS THE CURRENT KITCHEN MEASURES, 62 SQUARE FEET.
UM, IF YOU CAN REFERENCE THE FIRST SLIDE OF THE PRESENTATION, UM, THIS OUTLINES THE CURRENT CODE AND ITS IMPACT ON THE EXISTING HOUSE.
SO OUR PROPOSED IMPROVEMENTS MEET ALL SIR, IMPERVIOUS AND BUILD BUILDING COVERAGE LIMITATIONS.
WE'RE WITHIN ALL SETBACKS, AND WE DO NOT REQUIRE ADDITIONAL VARIANCES FOR DRIVEWAY OR THE NONCOMPLIANT STRUCTURE.
SO WE MEET ALL, UM, LAND DEVELOPMENT CODE RESTRICTIONS EXCEPT, UM, BECAUSE THE HOUSE WILL, SORRY.
THE LOT WAS OFFICIALLY A SUBDIVIDED IN 1960.
SO AFTER MARCH 14TH, 1946, AND BECAUSE OF THE LOT IS SMALL AT 5,052 SQUARE FEET, WE ARE RESTRICTED TO 20% OF THE CURRENT VALUE OF THE STRUCTURE, HER T CAD.
AND THAT VALUE RIGHT NOW IS ONLY 69,000.
SO THAT MEANS ANY IMPROVEMENTS ARE CAPPED AT JUST UNDER $14,000.
SO AS YOU ALL KNOW, THAT'S PRETTY CHALLENGING TO DO ANY SIGNIFICANT REMODELS OR IMPROVEMENTS TO THE HOME.
AND CERTAINLY NOT ANY ADDITIONS.
WE THINK THAT PREVENTING THE HOMEOWNERS TO EXPAND THEIR KITCHEN OR ADD A BATH FOR A GROWING FAMILY IS NOT A REASONABLE USE FOR THIS PROPERTY.
NO ONE WANTS TO SEE THIS HOME FALL INTO DISREPAIR OR SIT VACANT TO THESE CODE LIMITATIONS.
THIS IS A UNIQUE HARDSHIP TO THE SMALL PROPERTY AND THE HOME THAT WAS BUILT LONG BEFORE THE LOT WAS SUBDIVIDED.
THE HOMEOWNERS VERY MUCH WANT TO STAY IN THE ROSEDALE NEIGHBORHOOD AND WANT THE OPPORTUNITY TO REHABILITATE THEIR EXISTING HOME.
ALL PROPOSED IMPROVEMENTS ARE MODEST AND FIT THE CHARACTER OF THE HOME AND THE NEIGHBORHOOD.
DOES THAT CONCLUDE YOUR PRESENTATION? OKAY, SO WE'LL CLOSE THE PUBLIC HEARING.
SO WE HAD DISCUSSED, UH, DRIVEWAYS LAST TIME AND SOME OF THE ASPECTS OF THE HOUSE THAT ARE NOT COMPLYING IN, I NOTICED, UM, THAT, UH, DOES NOT REQUIRE VARIANCES FOR DRIVEWAY OR NONCOMPLIANT STRUCTURE.
SO EVEN WITH THE, UH, THE ADDITIONS AND THE, UH, IMPROVEMENTS TO THIS STRUCTURE, UH, YOU WOULD BE EXEMPT FROM NEEDING TO, UM, UH, ADDRESS THOSE AT ALL.
IS THAT, IS THAT WHAT YOU USE INVESTIGATED THAT, BUT, UM, YOU PROBABLY SAW THAT THE STAFF CONFIRMED THAT, UM, WITH OUR LETTER THAT WAS ATTACHED TO THE APPLICATION.
SO, UM, AS PRESENTED, UM, WITH THE VARIANCE, UM, WE WOULD ABLE BE ABLE TO RECEIVE A PERMIT.
WELL, LET ME JUST SAY, UH, I'LL JUST SAY I DON'T HAVE ALL, I KNOW THIS HOUSE VERY WELL.
HE USED TO DRIVE BY IT ON A REGULAR BASIS.
UM, AND, UH, IT IS A SMALL AND ODD SHAPED BOUGHT.
UM, AND $14,000 WILL GET YOU A BATHROOM THESE DAYS.
UM, THAT'S IN AN EXISTING HOUSE.
UM, SO, UH, I DON'T HAVE A LOT OF HEART ACHE WITH TRYING TO BUMP THIS UP TO 150,000 YEAR.
YOU'RE SURE THAT 150,000 IS GOING TO GET YOU WHAT YOU NEED.
I MEAN, TO BE HONEST, WE, WE WOULD LOVE TO HAVE MORE FLEXIBILITY WITH THE FUNDING.
YOU KNOW, WE'RE TRYING TO DO SOMETHING MODEST HERE SO THAT WE CAN ACHIEVE THE OVARIAN, BUT IF WE COULD, YOU KNOW, UM, IF ANYONE WOULD BE AGREEABLE TO RAISING THAT VALUE, WE WOULD CERTAINLY APPRECIATE IT.
I DID ANYTHING MORE THAN YOUR ASS.
THAT'S WHY I WANTED TO BRING IT UP BECAUSE IF, IF YOU, YOU KNOW, HIS FINGERS IN 49,999, YOU'RE DONE, UH, AND SHE WOULD HAVE TO COME BACK FOR AN ADDITIONAL VARIANCE.
[02:40:01]
SO YEAH.OR YOU WOULD PULL IT IN AMEND THE, THE ASK AT THIS POINT, SO, OKAY.
MICHAEL WILL GO FIRST AND THEN WE'LL GET YOU, YOU KNOW, WHERE I WAS GOING TO GO, MR. PHIL, SAME WAY I WAS GOING TO MAKE A MOTION TO APPROVE.
UM, NOW I HAVE A QUESTION FOR LEE.
IF HE'S THERE, I KNOW WHAT WE'RE POSTED FOR, BUT DO WE HAVE THE ABILITY IN MY MOTION TO GIVE, GIVE HIM A LITTLE BIT MORE CUSHION TO MAKE SURE THAT THEY MAKE IT, THE REASON I'M SUPPORTING THIS IS BECAUSE THE ONLY ASK THEY'RE HAVING, WHICH I THINK IS VERY REASONABLE FOR IMPROVEMENTS.
THEY'RE NOT ASKING FOR ANY SIDE YARD, SETBACKS AND NOTHING ELSE.
IT'S STRICTLY JUST TO BRING THIS HOME UP TO A REASONABLE, SAFE, UH, COMPLIANT MANNER.
AND THAT'S WHY I'M SUPPORTING IT.
BUT I DIDN'T KNOW IF I COULD IN MY MOTION, GRANT THEM MORE THAN THEY'RE POSTED.
I KNOW WHAT THEY'RE ASKING, BUT AS, AS A MOTION MAKER ON THE BOARD, DO I HAVE THAT ABILITY TO, TO, UH, GIVE THEM MORE, MR. UH, MR. VAUGHN, YOU, YOU DO HAVE THE ABILITY TO IMPOSE CONDITIONS THAT ARE REASONABLE, THAT MITIGATE THE IMPACTS OF PROVING THE VARIANCE.
AS A CONTRACTOR, I KNOW WHAT IT COSTS TO DO THESE THINGS.
AND SO SOME OF THE THINGS THAT AREN'T ASKING FOR, I ALMOST FELL OUT OF THE CHAIR WHEN I GOT A PRICE TO DO MY WINDOWS IN MY HOME.
SO I WANT TO MAKE SURE THAT THEY THEY'RE ASKED IS REASONABLE.
UH, I'M GOING TO MAKE A MOTION TO APPROVE.
AND I THINK I'VE PUT OUT THERE TO THE REST OF OUR BOARD MEMBERS, HOW I FEEL ABOUT IT.
SO IF SOMEBODY WANTS TO AMEND THAT, I'M GOING TO LET THAT GO.
SO, UH, SO I, I WILL, UH, I GUESS WHEN, UH, I'M THE, I'M GOING TO SUGGEST, UH, MS. GROGAN, UH, BUT BEFORE I MAKE MY SUGGESTION, UH, I WOULD SAY ONE, THANK YOU FOR PUTTING YOUR DISCLAIMER.
AND TWO, THANK YOU FOR SHOWING US AND YOU, AND I DON'T, I DON'T KNOW IF YOU COULD SEE OR HAD ACCESS TO THE PREVIOUS PRESENTATIONS, BUT THANK YOU FOR SHOWING US WHAT IT IS THAT WE WOULD BE SAYING.
UM, I, I WILL SAY THAT, UH, HAVING RUN INTO THIS ISSUE BEFORE MYSELF AS AN ARCHITECT, UM, THE, THE VALUATION, THE, THE VALUATION THAT LESS BE WITHIN 20% OF THE STRUCTURE, UM, IS LIMITED TO THINGS THAT ARE, THAT REQUIRE PERMITS.
SO COSMETIC THINGS LIKE FLOORING AND TRIM CABINETS, THINGS OF THAT NATURE ARE NOT INTENDED TO BE INCLUDED, BUT AGAIN, YOU KNOW, UH, COMMISSIONER VON OWEN IS HIS CONTRACTOR.
I'M AN ARCHITECT, YOU'RE AN ARCHITECT.
WE ALL KNOW, YOU KNOW, THAT'S, WE, WE, WE NEED TO GIVE YOU SOME LABOR.
I AM GOING TO PROPOSE, UM, YOU KNOW, THE PROPOSAL FRIENDLY AMENDMENT THAT THE, UH, THAT THE ALLOWABLE VALUATION FOR THIS, THESE IMPROVEMENTS BE RAISED TO $2,000.
I FEEL THAT THAT HAVING LOOKED AT WHAT YOU YOU'VE DONE AND I'VE BEEN, AND AGAIN, WITH THAT CAVEAT, THAT'S NOT INCLUDING SOME OF THESE COSMETIC THINGS.
I THINK THAT WOULD BE A MORE REASONABLE.
SO, SO WE HAVE A FRIENDLY AMENDMENT, BUT THAT'S WHAT I THINK THAT MICHAEL WAS ASKING ME ABOUT.
SO, LEE, UM, MY UNDERSTANDING IS, IS THAT WE CANNOT INCREASE THE ASK.
ALTHOUGH I THINK WILLIAM, WHAT YOU SPOKE TO ABOUT SAYING ONLY THE THINGS ARE REQUIRED TO BE PERMITTABLE ARE BOUND BY THE VALUATION THAT YOU CAN PUT IN MARBLE FLOORS IF YOU WANT TO.
AND THEY DON'T COUNT AGAINST THAT, BUT LEE, CAN YOU SPEAK TO THAT? WE CAN'T CHANGE IT FROM 150 TO 200,000 CADBURY B JUST SAID COULD, YES.
I WANT TO HEAR FROM LAKE PLEASE.
WELL, SO, SO THE CONDITIONS THAT YOU CAN PLACE ON THE ORIGINAL ASS NEED TO BE MORE RESTRICTIVE.
SO I NEED TO, I NEED TO, OKAY.
IT CAN'T BE MORE THAN WHAT WERE POSTED FOR WITHDRAWALS.
IT CERTAINLY CAN'T BE, UM, IT NEEDS TO BE MORE RESTRICTIVE AND THAT'S WHAT I UNDERSTOOD, BUT THAT'S NOT WHAT I THINK FOLKS UNDER, UH, UNDERSTOOD NECESSARILY ANYMORE.
AND I THINK, AGAIN, GIVEN WHAT WILLIAM HAS SAID, THAT'S, YOU KNOW, IMPORTANT THAT INFORMATION FOR THE DESIGNER OR THE ARCHITECT ON THIS.
KELLY, I SAW YOUR HAND UP, I HAVE A FEW COMMENTS JUST TO FIRST GO TO COMMISSIONER PRUITT'S COMMENT.
UM, ONCE YOU'VE ADDED $150,000 OF VALUE TO THE HOUSE, THEN YOU COULD BUILD $44,000 OF IMPROVEMENT.
SO THAT WOULD ALMOST GET YOU TO THE 2,100, 200,000.
[02:45:01]
ANNOYED.UM, THE OTHER THING IS I HAVE JUST A QUESTION MAYBE FOR THE BOARD, UM, HOW ON HOW THIS WORKS, BUT EVERY TIME YOU MAKE AN IMPROVEMENT TO THE HOUSE THAT YOU INCREASE THE VALUE THAT GIVES YOU AN ADDITIONAL ALLOTMENT THAT YOU COULD WORK WITH FOR FUTURE IMPROVEMENTS.
SO IF YOU DID 13,000 NOW, AND THEN 14,000 NEXT YEAR, AND A 15,000 AFTER THAT, YOU'LL KEEP INCREMENTING IT, RIGHT.
I MEAN, THEORETICALLY, IS THERE, UH, ANY LIMIT ON HOW OFTEN, HOW YOU COULD BASICALLY PHASE OUT AN IMPROVEMENT PROJECT AND AVOID THE GOING OVER THE 20% CAP? UH, ANYBODY WANT TO FEEL THAT I DON'T HAVE ANY EXPERIENCE WITH IT OTHER THAN KNOWING THAT THEY WILL RAISE YOUR VALUE AS WELL? SO, UM, HAVING, HAVING, HAVING TO BEGIN HAVING DEALT WITH CASES, CASES LIKE THIS, I'M HELPING OUT A HOMEOWNER ON THE EAST SIDE RIGHT NOW, AND ACTUALLY HELPING HER STAY OFF THESE, STAY AWAY FROM THIS BOARD.
HOW CAN WE DO THIS? GETTING A VARIANCE.
AND WE'VE ACTUALLY BEEN WORKING WITH THE SAME REVIEW, UH, THE SAME REVIEWERS THAT WHEN YOU WERE WORKING WITH MS. GROGAN AND, UH, TO ANSWER YOUR QUESTION COMMISSIONER ABOUT THE, THEY, THEY TAKE INTO ACCOUNT THE FIVE YEAR, OR WHAT I'VE BEEN TOLD IS THAT THEY HAVE THE ABILITY, IF THEY WANT TO TAKE THE TWO TO DO TAKE INTO ACCOUNT THE FIVE YEAR AVERAGE OF THE ASSESSED VALUE, BECAUSE YEAH, YOU KNOW, YOU COULD, YOU, YOU COULD, INCREMENTALIZE IT.
UM, HONESTLY THOUGH, THAT THAT TAKES A LOT OF, UM, IF IT'S INTENTIONAL, THAT TAKES A LOT OF EFFORT AND STRATEGY AND, UH, YOU KNOW, MS. MS. GRABBING YOU, YOU WERE HIRED SO THAT YOU COULD RIGHT NOW GIVE THE CLIENTS WHAT THEY WANT.
UM, BUT, UH, BUT YEAH, I WOULD JUST REITERATE THAT WE CAN'T, WE CAN'T INCREASE YOUR NUMBER, BUT, UH, BUT YES, YOU ARE, THAT VALUATION IS STRICTLY LIMITED TO ONLY THOSE THINGS THAT YOU'RE DOING THAT ACTUALLY REQUIRE PERMITS, CORRECT.
UH, BUT, UM, WE DO HAVE, UH, A MOTION TO APPROVE THE VARIANCE AS PRESENTED AND, UH, BY MICHAEL VENTOLIN A SECOND BY JESSICA AND I SEE IT WRONG.
DID YOU HAVE YOUR HAND UP? NOPE.
ANY ADDITIONAL DISCUSSION, MELISSA? ANYBODY AND LEE, THANKS FOR CLARIFYING.
I'VE HAD A COUPLE OF QUESTIONS FOR MS. GROGAN.
DO YOUR, YOUR CLIENTS CURRENTLY LIVE THERE AND, AND HOW LONG, HOW LONG HAVE THEY LIVED THERE? YES, THEY CURRENTLY LIVE THERE.
IT'S A FAMILY OF THREE AND THEY PURCHASED THE HOME IN 2016 IN 2016.
YEAH, I THINK THE MORAL OF THAT STORY IS YOU CAN LIVE IN A SHOE BOX AT SOME POINT.
IT'S LIKE, I'VE GOT A KID AND I NEED MORE ROOMS. UM, WELL, I MEAN, TO ME, IT KIND OF RUNS COUNTER TO THE HARDSHIP ARGUMENT, BUT, UH, I THINK THAT IF WE'RE GOING TO DO THIS, WE NEED TO MAKE SURE THAT WE TIE IT TO THE, UH, THE PLAN THAT THEY SUBMITTED AS PART OF THEIR APPLICATION.
AND, AND, AND TYPICALLY IF THEY ARE PRESENTING, UM, OF LIKE A FOOTPRINT LIKE THAT, IT WOULD BE TIED TO THAT, UH, WILLIAM FINAL, UH, UH, UH, COMMISSIONER FOR IT.
UM, I HAVE, I HAVE TOLD MANY A CLIENT, HEY, YOU DON'T GET A VARIANCE WHEN YOU, WHEN YOU JUST BOUGHT THIS PIECE OF LAND THAT I JUST TOLD YOU WOULD NEED A VARIANCE AND YOU BUY A NEW IDEA.
YOU DON'T, YOU'RE NOT GOING TO GO IN AND GET A VARIANCE.
AND I'VE BEEN TELLING PEOPLE THIS AS WELL BEFORE I WAS ON THIS BOARD.
I THINK THAT THOUGH, THAT WHEN IT COMES TO PEOPLE LIKE MS. JERGENS CLIENTS, A FAMILY, UM, THEY'RE NOT BUYING SOMETHING THAT IS, OR RATHER THEY DON'T, THE LAY PERSON WOULDN'T HAVE THE ABILITY TO, TO KNOW THAT, OH, THIS THING IS NON COMPLYING.
THIS PARTICULAR HOUSE IS NONCOMPLIANT BECAUSE OF HIS LOT SIZE, THEREFORE WE CANNOT ADD TO IT.
UM, AND YOU, BECAUSE OF THE, BECAUSE OF THE VALUATION, I THINK THAT, THAT, UH, I, I KNOW WHERE, WHAT YOU WERE TALKING ABOUT ANY IN GENERAL.
I AGREE WITH THAT PHILOSOPHY ON MOST CASES YOU SHOULD HAVE KNOW, ESPECIALLY IF HE JUST BOUGHT IT.
BUT I THINK IN THIS CASE, THEY, THEY, THEY REASONABLY BOUGHT, IT SOUNDS LIKE, KIND OF I'M MS. GREGORY.
I'M NOT TRYING TO MAKE AN ASSUMPTION ABOUT YOUR CLIENTS, BUT MOST LIKELY THEY COULD HAVE BOUGHT IT WHEN THEY WERE A FAMILY OF TWO.
AND NOW THEY'RE A FAMILY OF THREE.
[02:50:01]
YOU KNOW, SO I THINK THAT, TO ME, THIS IS A COMPLETELY REASONABLE ASK.AND AGAIN, I WAS THE ONE WHO WAS TRYING TO GIVE, GIVE, GIVE YOU MORE MONEY, MS. GROGAN, BUT APPARENTLY I CAN'T DO THAT.
IT WAS A FAMILY OF TWO WHO NOW HAVE A TWO YEAR OLD DAUGHTER.
SO, UM, YOU KNOW, IT'S A GROWING FAMILY AND, AND THEY DIDN'T KNOW THIS ABOUT THE HOUSE.
AND TO BE HONEST, I FEEL LIKE I HAVE A PRETTY GOOD HANDLE ON CODE, BUT I DIDN'T KNOW THIS ABOUT THIS.
THIS WAS THE FIRST TIME I'VE ENCOUNTERED THIS WITH THIS TYPE OF PROPERTY.
SO, UM, IT ISN'T SOMETHING THEY WOULD HAVE BEEN ABLE TO FIND OUT AND RESEARCH ON THEIR OWN, YOU KNOW, WHILE THEY'RE MAKING.
AND JUST TO BE CLEAR, UM, UH, AS WE SAID IN THE PREVIOUS ONE, UH, INDIVIDUAL CIRCUMSTANCES ARE NOT THE, UH, UH, CAN NOT BE THE DETERMINING FACTOR HERE.
IT'S WHETHER OR NOT $14,000 AS THE MAXIMUM THAT YOU COULD EVER SPEND ON THIS TO REMODEL IS REASONABLE OR NOT.
MICHAEL, YOU HAVE SOME FINDINGS.
THESE ARE MORE USE THE ZONING REGULATIONS.
APPLICANT LOOKS AT THE PROPERTY.
THEY DO NOT ALLOW FOR REASONABLE USE BECAUSE THE 5,025 SQUARE FOOT WAS SUBDIVIDED IN 1916, THERE ARE FOUR, SOME STANDARD LOT, AND A NONCONFORMING USE I'M ON THAT STOP RIGHT THERE.
HARDSHIP THE HARDSHIP FOR WHICH A VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT NON PROVEMENT VALUED OVER 13, NINE 96 ARE ALLOWED TO THIS RESIDENCE BUILT IN 1947.
THAT MEANS NO IMPROVEMENTS WERE ALLOWED ONLY WINDOWS, NO INTERIOR REMODELS COULDN'T BRING IT INTO COMPLIANCE, IS OUR CHIP ON IT RESULTS BECAUSE THE LAW IS SUBSTANDARD AND IT WAS SUBDIVIDED IN 1960 AND IS LESS THAN FIVE, SEVEN 50 SQUARE FEET.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED BECAUSE THE PROPERTY SMALL LIES, SMALL SIZE IS TO THE NEIGHBORHOOD AND REALLY LET IT GO AT THAT AREA.
THE VARIANTS WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY.
WE WILL NOT HAVE BRED THE USE OF THE ADJACENT CONFORMING PROPERTY.
AND WHAT ABOUT A PAIR OF THE PURPOSE OF THE REGULATION OF THE ZONING DISTRICTS IN WHICH THE PROPERTY IS LOCATED? BECAUSE ANY IMPROVEMENTS WILL BE WITHIN SETBACKS AND WILL ADDITIONALLY CONFORM TO ALL OF THE PERVIOUS COVERAGE AND FAR LIMITATIONS.
ALRIGHT, SO LET'S GO AHEAD AND CALL THE ROLE A BROOK BAILEY UPROOT.
THANK YOU, WILLIAM HODGE? YES.
THANK YOU, DON LINCOLN BURWELL.
ALRIGHT, THANK YOU, MICHAEL GONZALEZ? YES.
WHAT PLAN DID, Y'ALL WANT TO TIE THIS TO? WE NEED TO KNOW WHAT PLAN YOU ALL ARE.
SPEAKING OF, I THINK THAT, UH, IN THE PRESENTATION THEY HAVE, IT'S NOT IN THE PRESENTATION.
IT WAS IN THE BACK, UH, GROUND.
THERE'S A, THERE'S A, THERE'S A CLEAR FLOOR PLAN.
UH, SO, UH, THAT WAS, UH, THAT IS THAT PART THREE PART FOUR PART FOUR.
SO THIS WOULD BE, UH, IN OUR BACKUP MATERIAL, UM, PAGE FOUR, PAGE 40, 40, 42.
AND, AND, UH, AND ALSO USING THE SITE PLANS, UH, THE SITE PLAN THAT YOU SHOWED ON 44, ONE 44 MONTHS.
UH, I THINK IT'S ALSO, UH, VERY EXPLANATORY ABOUT THIS.
SO THOSE TWO, THAT'S ALREADY TWO AND 44.
SO WHAT WE TIE TO ELAINE, THANK YOU FOR CLARIFYING.
YOU VERY MUCH, MR. CHAIRMAN, BUT I WAS, I WAS LOOKING MORE AT THE FOOTPRINT, THE ONE ON 40 ALSO.
THAT'S ACTUALLY, YES, LET'S PUT IT THAT TOO, BECAUSE THAT ALL OF THOSE I THINK ARE, UM, COMPLIMENTARY TO EACH.
[02:55:01]
THEM TO THE INTERIOR PLANS ON 42.THAT'S REALLY THE FOOTPRINT OF THE BUILDING ON SITE IS THAT THE BOARD'S INTENT.
UM, I THINK, UH, WE ARE DONE WITH OUR AGENDA FOR TONIGHT IF WE'VE BEEN ALL OF OUR NEW BUSINESS.
UM, IS THERE ANY, UM, ANY OTHER NEW ITEMS
[E-10 Discussion of future agenda new business items, staff requests and potential special called meeting and/or workshop requests]
OR ANYTHING WE NEED TO DISCUSS BEFORE WE ADJOURN? I FELT THAT THIS, THIS LAST CASE SHOWS ANOTHER EXAMPLE OF SOMETHING THAT NEEDS TO BE, I THINK, PRESENTED TO CITY COUNCIL ABOUT BECAUSE REALISTICALLY, THERE'S A REASON WHY THEY HAVE THIS RULE IN PLACE.I'M ASSUMING IT'S TO MAKE SURE THAT PEOPLE DON'T GO IN AND EXPAND ON SOMETHING THAT ALREADY IS IN VIOLATION AND, AND DON'T HAVE A LOT LARGE ENOUGH TO DO ANYTHING ON.
UM, AND, AND GIVEN THE WAY THE BOARD LOOKED AT THIS TONIGHT, I DON'T SEE HOW WE CAN EVER DENY A REQUEST FOR A VARIANCE LIKE THIS EVER AGAIN, IF THE, IF THAT IS THE WAY THAT IT'S GOING TO BE PRESENTED AND THE WAY IT'S GOING TO BE ANALYZED.
SO IT SEEMS TO ME THAT CITY COUNCIL SHOULD LOOK AT JUST EXEMPTING CERTAIN, UH, CERTAIN, LOTS AND CERTAIN PIECES OF PROPERTY FROM THIS REQUIREMENT OR PUTTING THIS, UH, YOU KNOW, UH, INABILITY TO, TO DO THIS.
SO WE'RE NOT FACED WITH THESE SITUATIONS, YOU KNOW, ON A MONTHLY BASIS.
I JUST GO AHEAD AND WILLIAM, I SEE YOUR HAND UP COMMISSIONER.
UM, YOU KNOW, AND IT'S, IT'S, IT'S, IT'S A PARADOX HERE.
UM, THESE HOUSES LIKE THIS AND HOUSES LIKE OTHER, LIKE, UH, AGAIN, I, I MENTIONED I HAVE A CLIENT RIGHT NOW WHO WE'RE, WE'RE DEALING WITH A HOUSE THAT HER FAMILY'S OWNED FOR 65 YEARS, AND THIS HOUSE IS FALLING DOWN.
WE WANT TO KEEP IT, BUT THE, BUT BECAUSE IT'S SUBSTANDARD, IT'S VALUED SO LOW.
THAT'S WHY 20% OF NOTHING IS NOTHING.
AND SO IT'S IRONIC THAT IT IS EXACTLY THOSE PROPERTIES, WHICH WOULD BENEFIT FROM PLACING 20, YOU KNOW, YOU KNOW, PLACING TWO, THREE, FOUR, FIVE TIMES THE APPRAISED VALUE INTO THE HOUSE TO MAKE IT A BETTER THING.
IF THOSE ARE EXACTLY THE PROPERTIES THAT ARE CAUGHT IN THIS, IN, IN THIS DILEMMA.
UM, BUT, BUT I, BUT IT'S INTERESTING THAT THIS PRO PER SIMILAR PROVISIONS TO THE, TO THIS ACTUALLY GO ALL THE WAY BACK TO AUSTIN'S FOR ZONING CODE, WHICH, UH, UH, IN, FROM 1931, WHICH I, I SAY, I READ THE ENTIRE THING.
IT'S ONLY 25 PAGES LONG, BUT, UH, YOU KNOW, THERE'S EVEN DISCUSSION OF THIS IN THAT CODE.
AND I THINK IN GENERAL, AS YOU SAY, YOU KNOW, I THINK THAT WE AREN'T BOUND BY THIS PARTICULAR TO, TO, TO APPROVE ALL SIMILAR CASES LATER ON.
I THINK THE, YOU KNOW, HEY, THERE'S CASE BY CASE BASIS, BUT B UM, THIS IS A CASE WHERE IT'S SO CLEARLY UNREASONABLE, LIKE AS, AS COMMISSIONER, AS CHAIRMAN, UH, LAYTON BURWELL SAID, PUTTING A BATHROOM OR, OR, OR, YOU KNOW, WHICH REQUIRES A PERMIT, REMODELING THE KITCHEN, WHICH REQUIRES A PERMIT.
THOSE WOULD ALL EXCEED SOMEHOW BECAUSE THE CONSTRUCTION COSTS THESE DAYS.
SO I, I AGREE WITH THIS IS SOMETHING THAT CITY COUNCIL CAN DO WELL WITH CHANGE.
YEAH, MELISSA, YOU'VE HAD A LOT OF EXPERIENCE WITH THIS.
I DON'T KNOW THAT I NECESSARILY A GREAT, I THINK THIS WAS A REALLY GOOD CASE.
I MEAN, IT WAS VERY CLEAR CUT.
AND A LOT OF TIMES, IF THERE WEREN'T SOME KIND OF LIMIT, NOW, GRANTED MAYBE CHANGE THE FACTOR OF WHICH THE, THE, THE ADDITION OR REMODEL IS MADE ON, AS OPPOSED TO IT, TO THE CAD VALUE, OR MAYBE, YOU KNOW, YOU COULD SUBMIT AN APPRAISAL BECAUSE TEAK HAD MAY BE VALUING THE PROPERTY VERY LOW, BUT, UM, YOU KNOW, THERE'S A REASON TO NOT WANT TO EXPAND NONCONFORMING STRUCTURE.
AND THERE ARE REASONS TO FIX THEM AND THEN A REASONS NOT TO.
SO IT'S JUST KIND OF LIKE A DOUBLE EDGED SWORD.
I MEAN, THEY DIDN'T NEED ANYTHING ELSE.
THEY NEED SOME SIDE SETBACK FOR ANYTHING.
AND IT WAS A PRETTY MODERATE ASK.
UM, SO I DON'T KNOW THAT I WOULD CHANGE EVERYTHING ABOUT IT OR GET RID OF IT.
I THINK I'D HAVE TO CAREFULLY CONSIDER IT.
AND MELISSA, I WOULD AGREE WITH YOU, UM, YOU KNOW, EVERYTHING THAT THEY WERE DOING WAS COMPLIANT, UM, IN TERMS OF PETITIONS AND STUFF LIKE THAT.
[03:00:01]
WANT TO GIVE A BLANK CHECK.THAT WOULD BE MY ONLY FEEDBACK DARYL, UH, JESSICA SAW YOUR HAND UP AND THEN, OH, AND ALSO BROOKE, THEN TALKING JUST REAL QUICK, UH, THIS, DOES ANYONE ACTUALLY KNOW THE INTENT BEHIND THIS PART OF THE ORDINANCE? WELL, IT WAS TO ACTUALLY, AND ACTUALLY DONE.
IF YOU COULD, YOU COULD ELABORATE NOW.
I'M NOT CHALLENGING IT AT ALL, JUST FOR ARGUMENT'S SAKE.
WHY WOULDN'T WE WANT TO GIVE THEM A BLANK CHECK, NONCOMPLIANT THINGS ARE NOT MADE MORE NONCOMPLIANT THAN THEY ALREADY OFFER RIGHT IN.
AND SO IF YOU GO, HEY, SKY'S THE LIMIT.
HOW MUCH IS THIS HOUSE WOULD REMAIN WHEN WE DID A FOUNDATION WALL AND 1,000,005 STRUCTURE GOES IN THERE, YOU KNOW? SO THAT'S, I THINK THAT'S WHY GO AHEAD.
A HOUSE ON LAKE AUSTIN BOULEVARD THAT IS BEHIND, UM, WHEN WAS IT SLOTS OR WHATEVER.
THEY'VE MOVED TO HOUSE ON TWO A LOT THEN.
SO THEY GOT A PERMIT TO MOVE THIS HOUSE ONTO A LOT.
AND THEN THEY BASICALLY TOOK THE WHOLE HOUSE APART AND THEN BUILT A HOUSE THREE TIMES SIZE ON THE LOT.
AND THEN IT HAD NO CLOSETS, IT WAS A HOUSE.
AND THEN THEY WANTED TO REZONE IT AFTER THAT.
I MEAN, THE HOUSE BEHIND THUNDERCLOUD THAT USED TO BE, IT USED TO BE ON MY WIFE, GREW UP NEXT DOOR TO THAT HOUSE.
BUT THE RIGHT, I MEAN, THERE'S SOME, THERE'S SOME WEIRD STUFF THAT HAPPENS.
SO SOMETIMES LIKE THE, THE RURAL, WHERE YOU HAVE TO KEEP SO MUCH OF AN EXTERIOR WALL TO BE CONSIDERED A REMODEL.
AND IF YOU START TAKING THAT TAKING, YOU KNOW, MORE THAN 50% OF THE TOP PLATE, THE BOTTOM PLATE THAT VISIT THAT MODEL, THEN, I MEAN, WE'VE HAD SOME REALLY WEIRD STUFF HAPPEN AND THERE'S, THERE IS A POINT WHERE IT'S LIKE, WHY HAVE A RULE BOOK? IF, IF YOU AREN'T GOING TO ADHERE TO IT TO SOME KIND OF PRINCIPLE, RIGHT, BROOKE, SORRY.
AND MY POINT TO YOU IS THERE'S A REASON WE HAVE THIS BOARD.
AND TO ME, THIS HOUSE SCHEME IS THE REASON WE HAVE THIS BOARD AGAIN, WHAT MELISSA SAID, THEY WEREN'T ASKING FOR TOO MUCH, BUT THEY WERE ASKING FOR SOMETHING REASONABLE WITHIN THE CONFINES OF THEIR LOT.
THEY WEREN'T ASKING FOR THE GUESTS, BUT ONCE AGAIN, IF HE GIVES SOMEBODY A BLANK CHECK OR JUST SAY, IT'S OKAY, WHEN YOU DON'T KNOW WHAT YOU'RE GOING TO GET, AT LEAST WE CAN MONITOR AND TIE IT TO SOMETHING AND MAKE IT, KEEP IT REASONABLE.
AND THAT WAS MY TAKE ON THIS ASK.
UH, UH, ANY OTHER LA, I JUST WANT TO SAY FOR NOVEMBER COME WELL, RESTED UP IS WE ARE GOING TO HAVE A LONG NIGHT.
I HAVE SEVEN NEW CASES FOR NOVEMBER, THE FOUR Y'ALL POSTPONE TONIGHT TO NOVEMBER, AND THEN TWO PREVIOUSLY POSTPONED TO NOVEMBER.
WE WON'T HAVE ANY TECHNICAL GLITCHES, SO PROBABLY NOT OF MONDAY OR DID WE CHANGE IT BECAUSE OF VETERAN'S DAY VETERAN'S DAY DOESN'T FALL ON A MONDAY.
YEAH, THAT'D BE MONDAY, NOVEMBER 9TH.
STAY HAPPY AND WELL, THEIR FACES, EVEN THOUGH IT'S JUST ON THE SCREEN.
MELISSA, THANK YOU FOR FILLING IN.
I TRIED TO LOG ON AND WE ARE ADJOURNED.