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[00:00:06]

TEMPUS, EVEN THOUGH I HAD NO IDEA HOW TO DO THIS, I'LL BE HERE TO GUIDE YOU.

OH, OKAY.

SO I'M GONNA CALL TO ORDER THE BOARD OF ADJUSTMENT MEETING.

UM, HOLD ON A SECOND.

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, JESSICA COHEN HERE.

UH, I'M ALYSSA HAWTHORNE AND I'M HERE, WILLIAM.

HI.

I CAN SEE YOU WILLIAM.

OKAY.

UH, FROM MCDANIEL HERE, PRUITT.

I CAN SEE YOU.

DARRYL'S YES, I'M HERE.

VERONICA RIVERA.

MICHAEL VAN NOLAN, KELLY BLOOM HERE.

UH, MARTHA GONZALEZ.

OKAY.

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.

BROOKE.

DID YOU COME BACK TO US? WE SHOULD BE ON JUST STARTED, BUT STARTING LATE TO PEOPLE.

OKAY, BABY.

COME ON.

YOU GOT TO GET ON WITH YOUR SCHOOLWORK THEN TODAY.

YOU DON'T HAVE SCHOOL TODAY.

IT ANY COLUMBUS DAY.

OKAY? SURE.

ALL RIGHT.

SO A MINUTE, GO AHEAD.

YES.

WELL, WE CAN'T ASSESS THIS NEW WEBEX LOGIN, LINKEDIN THAT THEY GAVE US.

I'M NOT LIKING IT.

WELL, I KEEP FREEZING.

SO I KNOW IN MY VOLUME DOESN'T WORK VERY WELL.

I CAN BARELY HEAR Y'ALL.

WE CAN STILL HEAR YOU, BROOKE, EVEN IF YOU'RE FROZEN.

OKAY.

I COULD ACTUALLY HEAR YOU.

SO REQUEST APPROVAL.

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.

NO, I DIDN'T MAKE THAT.

I KNOW THE DISCUSSION DID TRANSPORT HER.

FINALLY.

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.

OKAY.

THAT'S FINE THEN THAT'S FINE.

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.

OKAY.

SO THOSE ARE THE SEPTEMBER 14TH MINUTES.

THEN CALL THE ROLE.

UH, BROOKE BAILEY.

YES.

JESSICA COHEN.

YES.

I'M ALMOST A HAWTHORN.

[00:05:01]

YES.

WILLIAM HODS.

YES.

I DON'T KNOW IF YOU'RE HERE YET.

DAWN WE'LL COME BACK TO YA.

ROM MCDANIEL.

YES.

MA'AM DARREL PRUITT.

YES.

VERONICA RIVERA.

YES.

YES.

KELLY BLOOM.

YES.

MARTHA GONZALEZ.

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.

C IS IT C FIVE? C TWO.

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.

SO BROOKE BAILEY? YES.

JESSICA COHEN.

YES.

MELISSA HAWTHORNE.

YES.

WILLIAM HODGE.

YES.

THAT DON DID YOU MAKE IT YET? I'M REALLY WOULD BE VERY EXCITED IF YOU DID A RAMEN DANIEL? YES.

JOE PRUITT.

YES.

VERONICA RIVERA.

YES.

MICHAEL VON NOLAN.

YES.

KELLY BLOOM.

YES.

MARTHA GONZALES.

OKAY.

SO WE DO HAVE 10 MADAM CHAIR.

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.

OH, THAT'S MUCH BETTER.

THANK YOU.

TELL ME THAT.

DID IT LIKE THIS.

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.

YEAH.

THERE'S ONLY NINE.

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.

OKAY.

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.

OKAY.

SO, UH,

[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.

WHO IS THAT? BRENT LLOYD.

OKAY, GREAT.

YEAH.

ALL RIGHT.

WELL THAT THAT'S REALLY GOOD UPDATE.

WELCOME.

YEAH.

ITEM E THREE.

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.

MADAM CHAIR.

YES, SIR.

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.

YES.

YES.

OKAY.

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.

SO GREAT JOB.

THANK YOU.

EXCELLENT.

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.

AND, UM, I'M NOT REALLY SURE.

I THINK IT DOES EVOLVE AND TABLE TO SOMETHING HAPPENS WITH THE ELDEST.

RIGHT.

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)]

IS THE LDC, UH, WORK GROUP, WHICH THERE CURRENTLY, IS IT ONE CERT SKIP OVER TO EA? I'M JUST TRYING TO GO DOWN THE LIST.

I'M NOT REALLY SURE WHY THEY'RE HANGING ON STILL CHAIR.

MADAM CHAIR.

YES.

BEFORE YOU GO ON, DID YOU GO OVER FOR, I JUST WANTED TO MAKE SURE, UH, YOU'RE RIGHT.

I MISSED IT.

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'LL HAVE TO LOOK.

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.

GOOD SPEAKERS AS WELL.

HE'S VERY, I THINK HE SAID HE WOULD MAKE TIME OFF THE CLOCK.

YEAH.

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 ? OKAY.

SORRY.

I MISSED THAT ONE.

UM, HE

[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.

OKAY.

OKAY.

WELL, THANKS FOR THAT UPDATE.

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.

SO THAT'S THE UPDATE.

OKAY.

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.

YES.

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.

OKAY.

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.

OKAY.

WE CAN CALL THEM IN ONE BY ONE.

CAUSE THEY'RE ALL ON MUTE.

THEY CAN HEAR EVERYTHING WE'RE SAYING.

OKAY, GREAT.

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.

YOU'RE WELCOME.

MADAM CHAIR, ANOTHER OPTION THAT WE'VE DONE IN THE PAST IS THE CASE.

SO THE CASE DOES NOT PASS.

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.

THANKS FOR YOUR PATIENCE.

WE'RE ALL HANGING IN.

SO CAN ANYBODY HEAR ME ON YOUR VOLUMES DOWN A LITTLE BIT, BUT I CAN HEAR YOU.

I I'M VERY GLAD TO SEE YOU.

OKAY.

ALRIGHT.

I WAS LIMPING ALONG BECAUSE I'VE NEVER DONE IT WAY BACK.

ONE OF THESE.

OKAY.

SO WE KIND OF WENT THROUGH THE MINUTES AND NEW BUSINESS.

I DON'T KEEP GOING CAUSE I'M STILL TRYING GET THINGS WORKING.

OKAY.

WE ARE STILL DOWN.

MARTHA.

I'M GOING TO HOP OFF.

OKAY.

WE'RE STILL DOWN ONE PERSON WE CAN'T QUITE GET.

YEAH.

SO I'VE ALREADY EMAILED MARTHA, UM, CITY CLERK'S INFORMATION.

SO HOPEFULLY SHE CAN CONTACT THEM AND THEY CAN GET HER ON.

OKAY.

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.

OKAY.

AND POSTPONEMENTS AND POSTPONEMENTS.

SO WE'RE LITERALLY TO WHERE WE WOULD LISTEN TO THE OPPOSITION AND CALL THE FIRST CASE.

YEAH.

SO WE HAVE, UH, WE HAVE, UH, ONE PERSON IN OPPOSITION, UH, ON, UM, UM, THIS IS, UH, ITEM C UH, 15 DAYS 20, 20 DAYS, ZERO ZERO FIVE NINE.

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.

OH, OKAY.

I'M SORRY.

UM, WELL MY, MY, MY BAD ON THAT.

YES.

THANK YOU FOR THAT.

CORRECTION.

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.

OKAY.

I'M HERE.

YES.

WAS KIND OF PANICKING THERE.

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.

VERY GOOD.

THANK YOU FOR YOUR TIME.

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.

SO THANK YOU FOR THAT.

THE CHAIR.

YES.

BEFORE HE GOES, UH, CAN WE ASK HER MY QUESTION? YES, ABSOLUTELY.

OKAY.

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.

YES.

OKAY.

THANK YOU.

AND YOU'RE, YOU'RE, YOU'RE CORRECT.

ALTHOUGH ALL THE REST OF THE HOUSES IN THAT AREA HAVE ENCLOSED GARAGE BENJI.

THANK YOU.

OKAY.

OKAY.

HELLO.

OKAY.

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.

VERY GOOD.

YES.

THANK YOU SO MUCH.

I APPRECIATE YOUR, YOUR TIME IN, IN POSITION ON THIS.

ALRIGHT.

UM, SO, UH, LET'S GO AHEAD AND MOVE ALONG TO OUR REGULAR AGENDA.

AND I'M SORRY, FOLKS.

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.

SO.

ALL RIGHT.

UH, SO WE'RE GOING TO START WITH, UH, THE VARIANCES FOR NEW PUBLIC HEARINGS.

WE'LL START WITH ITEM C ACTUALLY CHAIR PROPOSAL.

W

[00:35:01]

OH, I'M SORRY.

I THOUGHT THAT THAT HAD BEEN HANDLED ALREADY.

OKAY.

SO, UH, SO DO WE NEED TO GO BACK TO THE IMB, OH MAN.

THAT'S ON THE PHONE WITH DON WHEN THAT HAPPENED.

SHE WAS HELPING ME.

OKAY.

OKAY.

ALL RIGHT.

WELL, NOT A PROBLEM WITH KNOW FINALLY TO KEEP US ON TRACK HERE.

SO, ALRIGHT.

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.

THAT'S WHAT WE'LL DO.

WE CAN DO IT AGAIN.

NOW WE CAN GO BACK AND HEAR IT TOMORROW.

OKAY.

ALRIGHT.

VERY GOOD.

ALRIGHT, SO, UM, ITEM C ONE,

[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.

I'M SURE.

IT'S JUST A FEW MINUTES.

HELLO.

HELLO, MR. RASPBERRY, HEAR ME, MR. RASPBERRY.

I BELIEVE WE CAN HEAR YOU.

OKAY.

YEAH.

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.

I DID.

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.

UM, SHORT OF THAT, I'LL,

[00:40:01]

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.

OKAY.

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.

YES MA'AM YES MA'AM.

OKAY.

BEFORE WE MOVE FORWARD, LET ME, UM, UH, CLOSE THE PUBLIC HEARING, AND THEN WE CAN ASK ADDITIONAL QUESTIONS OF THE APPLICANT.

SO I HAVE A QUESTION.

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.

IS THAT CORRECT? YES.

MR. CHAIRMAN? THAT IS CORRECT.

OKAY.

OKAY.

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.

OKAY.

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

[00:45:01]

IN TERMS OF, UH, LIKE, UH, UH, UH, YES, SIR.

THAT'S CORRECT.

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.

MS. TRANSPARENT.

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.

THANK YOU, MAN.

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.

YOU MAY REMOVE WHAT'S THERE.

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.

THAT'S CORRECT? YES.

OKAY.

THANK YOU, SIR.

THANK YOU, MR. TRUE.

YES, GO AHEAD.

I HAVE A QUESTION.

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.

OKAY.

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.

THE BOTTOM

[00:50:01]

PICTURE WOULD DEMO.

THE PICTURE IS TAKEN FROM THE FLU.

OKAY.

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 USED THE FOOD.

SO YOU USE THE FLU TO ACCESS THE LAKE.

IS THAT CORRECT? IS THAT AN ASSUMPTION, CORRECT ASSUMPTION.

YES.

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.

OKAY.

THANK YOU.

THANK YOU.

ALRIGHT.

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.

PREVIOUS COMMISSIONER NOTED.

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.

RIGHT.

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.

RIGHT.

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.

OKAY.

79 79.

AND WHAT IT DOES IS

[00:55:01]

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, THE BOTTOM PICTURE THERE.

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.

IT'S OFF THE LAKEFRONT.

IT'S NOT RIGHT ON THE LAKE.

WHAT IS THE WIDTH OF THAT? WHERE YOU TOLD ME MAYFIELD PARK IS ON THE LEFT AND THEN THE STRUCTURES ON THE RIGHT.

AH, OKAY.

CAUSE THAT DOESN'T THAT'S ACROSS FROM, YES, SIR.

IT'S JUST STRAIGHT ACROSS.

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.

THAT'S CORRECT.

AND WHERE YOUR PROPERTY IS, THE WIDTH OF THAT IS YOU WERE SAYING LESS THAN 40 FEET FROM SHORE TO SHORE.

UH, YES, YES, SIR.

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.

YES.

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.

YES.

KELLY, YOU HAD YOUR HAND BACK UP AGAIN.

YEAH.

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.

[01:00:01]

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.

OKAY.

YES MA'AM.

OKAY.

DARYL, DID YOU HAVE YOUR HAND UP? I'M SORRY, IMMEDIATE YOURSELF.

THERE YOU GO.

I DON'T HAVE A QUESTION.

I'M FINE.

OKAY.

ALRIGHT.

OKAY.

ARE THERE ADDITIONAL, UH, QUESTIONS OF THE APPLICANT? UH, OKAY.

SEEING NONE.

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.

THAT'S PRETTY CUSTOMARY.

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

[01:05:01]

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, , YOU KNOW, SOMETHING NEW AND CLOSE TO THE COMPLIANCE WITH A CURRENT CODES IS GOING TO BE BETTER THAN WHAT WAS BUILT, BECAUSE AGAIN, WHAT WAS BUILT DOESN'T APPEAR TO BE EATEN, WHAT WAS ALLOWED WITH THE VARIANCES OR, OR ADMINISTRATIVE APPROVAL THAT THEY GOT BACK IN 2002.

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.

YEAH, BROOKE.

SO I REALLY DO THAT.

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.

YEAH.

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.

IT WILL JUST BE SMALLER.

THERE'S NO WAY THEY WERE A NICER DOG, BUT WEREN'T A TWO STORY DOG.

RIGHT.

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.

THANK YOU.

I SAW YOUR HAND UP.

YEAH.

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.

THANK YOU.

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.

I KNOW.

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