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[00:00:04]

UH, THIS IS

[CALL TO ORDER]

THE NOVEMBER 9TH, 2020, UH, MEETING OF THE BOARD OF ADJUSTMENT.

UH, THE TIME IS FIVE 35.

UH, I'M DON LAYTON, BERLIN.

I'M THE CHAIR OF THE BOARD AND I'LL BE CONDUCTING THE MEETING, UM, HERE, UH, HELLO TO EVERYONE.

THANKS FOR SHOWING UP.

AND, UM, THAT, UM, SO, UH, THERE IS A QUORUM PRESENT, UH, AND WE'RE LOGGING ON SOME MORE, UH, MEMBERS AS WE SPEAK.

UM, LET'S GO AHEAD AND CALL THE ROLL ROOK BAILEY, BROOKE.

I CAN'T HEAR YOU.

YEAH.

OKAY.

THANKS.

YEAH.

YEAH.

JESSICA COHEN.

THANK YOU OUT OF CAROLL.

THANK YOU, MELISSA HAWTHORNE HERE.

THANK YOU, WILLIAM HODGE.

ALL RIGHT, DON LAYTON BURWELL HERE.

UH, RON MCDANIEL IS NOT HERE YET.

DARRYL PRUDE IS NOT HERE YET.

VERONICA RIVERA.

YEAH, THERE YOU ARE.

THANK YOU.

YASMIN SMITH HERE AND I'M WORKING ON MY CAMERA.

ALL RIGHT.

VERY GOOD.

THANK YOU.

AND UM, AND THEN WE HAVE, UM, UH, MICHAEL MON OLIN IS OUT TONIGHT.

UH, AND SO, UH, TAKING HIS PLACES ARE BRAND NEW ALTERNATE, DONNIE HAMILTON, BUT I DON'T THINK HE'S LOGGED ON YET.

SO HOPEFULLY HE'LL BE HERE IN A FEW MINUTES, SO, ALL RIGHT.

UM, THE, UH, UM, SO AGAIN, WE'RE, WE'RE DOING THIS A LITTLE BIT DIFFERENTLY THAN WE DO IN PERSON.

UM, AND, UH, BUT ONE OF THE THINGS THAT I WANTED TO MAKE CLEAR TO THOSE OF YOU WHO ARE GIVING TESTIMONY TONIGHT, AND WE HAVE NOT SPOKEN TO THIS SINCE WE'VE GONE TO OUR VIDEO FORMAT INSTEAD OF BEING IN PERSON, BUT WHEN WE ARE MEETING IN PERSON, THERE'S ZERO CREW NOW, THANK YOU.

UM, WE HAVE ALWAYS ASKED YOU TO TAKE AN OATH.

AND SO WHAT I WOULD LIKE TO DO IS READ THE OATH TONIGHT AND, AND SAY THAT, UM, IF YOU CANNOT AGREE TO THIS OATH THAT, UH, WE WOULD ASK THAT YOU NOT GIVE TESTIMONY, UM, THAT WAY, UH, BECAUSE, UH, OUR, UM, RULINGS ARE, UM, UH, ABLE TO BE HEARD IN DISTRICT COURT IF THEY ARE CHALLENGED.

AND, UM, SO, UH, JUST TO BE ON THE UP AND UP.

SO THE, UH, THE OATH GOES, UH, THAT YOU SOLOMNLY SWEAR OR AFFIRM THAT THE TESTIMONY THAT YOU GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE.

UM, SO AGAIN, THAT IS FOR THE, UH, APPLICANTS AND THE OPPOSITION PEOPLE SPEAKING TO THE MERITS OF THE CASES TONIGHT.

UM, SO AGAIN, I WOULD ASK THAT YOU, UM, HONOR THAT, UH, IF YOU'RE GOING TO GET TESTIMONY, UM, ELAINE, DO WE HAVE ANYONE FOR CITIZEN COMMUNICATION? NO, WE DO NOT.

OKAY.

ALL RIGHT.

VERY GOOD.

SO LET'S MOVE ON TO, UH, OUR, UH, FIRST, UH, ITEM, WHICH IS, UH, THE APPROVAL OF THE OCTOBER 12TH, 2020 DRAFT MINUTES.

MR. MR. CHAIRMAN.

I'M SO SORRY TO INTERRUPT.

I KNOW I MISSED ROLL CALL AND I JUST WANT TO LET YOU KNOW I WAS HERE BECAUSE I INTEND TO VOTE ON, ON THE MINUTES.

OKAY.

ALL RIGHT.

VERY GOOD.

THANK YOU, BRAM.

I'VE GOT YOU ALL ON HERE AND BARREL CRUEL IT.

I SEE YOU THERE TOO.

SO I WILL COUNT YOU IN AS WELL.

SO RIGHT NOW I BELIEVE THAT WE WERE MISSING ONLY DONNIE HAMILTON.

UM, SO YEAH, I JUST AM TEXTING HIM RIGHT NOW TO SEE IF HE'S ABLE TO GET IN OR IF HE'S HAVING TROUBLE.

SO I'M WAITING FOR A RESPONSE FROM HIM.

OKAY.

THAT'S VERY GOOD.

AND THAT'S, AGAIN, FOR THOSE OF YOU WHO HAVEN'T HEARD THAT NAME, HE IS, UH, THE NEWLY APPOINTED ALTERNATE, UH, BY THE MAYOR'S OFFICE, UH, AND HE IS GOING TO BE FILLING IN FOR MICHAEL VINYL.

SO, UM, SO WE WILL INTRODUCE OURSELVES TO HIM ONCE HE'S ON BOARD.

OKAY.

SO, UM, THANKS RON FOR THAT.

UH,

[A-1 Staff requests approval October 12, 2020 draft minutes]

SO, UH, AGAIN, THIS IS FOR THE OCTOBER 12TH, 20, 20 DRAFT MINUTES.

UM, ARE THERE ANY CORRECTIONS OR CHANGES THAT NEED TO BE MADE? UM, HEARING NONE, UH, IF WE CAN GET A MOTION ON THOSE.

OKAY.

THAT'S MELISSA IS A MOTION TO APPROVE AND SECOND BY BROOKE BAILEY OR RIGHT.

TEASE MYSELF AS I WASN'T AT THE MEETING.

OKAY.

ALL RIGHT.

IT'S NOT REQUIRED, BUT YOU CAN DO THAT.

UH, OKAY.

UH, AND I'M SHOWING YOU, I'M JUST TRYING TO GET ALL OF THIS.

[00:05:01]

ALL RIGHT.

UH, SO WE HAVE A MOTION TO APPROVE BY MELISSA HAWTHORNE, A SECOND BY BOOK BAILEY, UH, ALL IN, WELL, LET ME, LET ME GO AHEAD AND CALL THE ROLL.

SO BROOKE BAILEY? YES.

ALRIGHT.

UH, JESSICA COHEN? YES.

ALL RIGHT.

OUT OF CAROLL.

YES.

ALL RIGHT.

THANK YOU.

UH, MELISSA HAWTHORNE? YES.

ALL RIGHT.

WILLIAM HODGE? NOPE.

HE'S YES.

ALL RIGHT.

THANK YOU, DON LAYTON BURWELL? YES.

RON MCDANIEL? YES.

ALL RIGHT.

THANK YOU, DARRYL CREW IT? YES.

ALL RIGHT.

THANK YOU, VERONICA RIVERA? YES.

ALL RIGHT.

UH, AND YASMINE, YOU SAID THAT YOU WERE GOING TO ABSTAIN.

UM, SO, UM, THAT'S IT, I DON'T SEE MR. HAMILTON ON THERE YET.

SO THE MINUTES DON REAL QUICK, UM, HE JUST RESPONDED, HE SAID HE CAN HEAR US, BUT FOR WHATEVER REASON, HE'S HAVING TROUBLE BEING ABLE TO SPEAK.

UM, AND HE'S ON BY PHONE, BY VIDEO.

SO, YEAH.

ALL RIGHT.

BUT HE CAN SEE THE PROCEEDINGS AND BE ABLE TO WEIGH IN.

OKAY.

ALL RIGHT.

WELL, WELCOME TO HAMILTON.

SORRY, YOU CAN TALK WITH US RIGHT NOW, BUT HOPEFULLY YOU'LL BE ABLE TO GET THAT SQUARED AWAY.

OKAY.

UM, SO MOVING ON TO OUR NEXT ITEM ON THE AGENDA, UH, THIS IS, UH, THE

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

REQUEST FOR POSTPONEMENT AND WITH GIRL.

SO THE LANE, DO YOU HAVE A YES.

UM, WE HAVE ONE REQUEST FOR POSTPONEMENT.

UM, IT WAS A CASE THAT Y'ALL POSTPONED LAST MONTH.

AND, UM, NOW THE APPLICANT IS REQUESTING THEIR POSTPONEMENT TILL JANUARY IT'S ITEM E THREE C 15 DASH 2020 DASH ZERO ZERO FIVE SEVEN NINE OH ONE TARO HILL DRIVE.

UM, THE APPLICANT IS REQUESTING A POSTPONEMENT TIL JANUARY, CAUSE THEY NEED MORE TIME TO GATHER THE INFORMATION THAT YOU ALL REQUESTED LAST MONTH.

ALL RIGHT.

UH, AND WERE THERE ANY OTHER POSTPONEMENTS OR NO, THAT THAT'S THE ONLY ONE.

UM, I, HE DID LEAVE ME A MESSAGE LIKE AN HOUR AGO SAYING HE WAS NOT AVAILABLE TO TALK.

UM, HE WAS SCHEDULED TO BE AVAILABLE IF Y'ALL HAVE QUESTIONS.

UM, BUT HE HAD A FAMILY EMERGENCY, SO NOW HE'S NOT NO LONGER AVAILABLE.

OKAY.

ALL RIGHT.

VERY GOOD.

ALL RIGHT.

UM, AND ALSO I, IT'S MY UNDERSTANDING, UH, UH, WILLIAM THAT YOU WERE GOING TO BE ABSTAINING FROM ITEM D.

IS THAT CORRECT? THAT IS CORRECT.

OKAY.

ALL RIGHT.

VERY GOOD.

ALL RIGHT.

SO, UM, AND SHARE ONE OTHER, UM, MELISSA HAWTHORNE IS GOING TO BE ABSTAINING FROM, UH, FROM ITEM C1.

YOU SAID HE ONE C ONE C AS IN CHARLIE? YES.

OH, OKAY.

ALL RIGHT.

ALL RIGHT.

HERE.

I SEE IT.

ALL RIGHT.

I'M JUST, OKAY.

AND, AND, UH, JUST TO REMIND FOLKS THAT, UM, UH, ABSTAINING ESSENTIALLY ACTS AS A, UM, NOT A NO VOTE, BUT, BUT NOT A VOTE IN FAVOR.

UM, AND WE WILL NOT HAVE ANY OF THE ALTERNATE FILLING IN TO, UM, TO DO THAT.

SO IT WILL ESSENTIALLY, IF WE HAVE 11 MEMBERS, WHICH WE HAVE AVAILABLE TONIGHT, AND ONE ABSTAINS, THEN WE'RE VOTING NINE PEOPLE OUT OF THE 10 IN ORDER FOR A, UM, VARIANCE TO PASS.

OKAY.

UM, SO, UH, IS THERE A MOTION ON THE, UM, ON ALL THE, UH, YES.

A MOTION ON THE POSTPONEMENT, UM, OF ITEM E THREE TO JANUARY 11TH, 2021 IS WHAT THE APPLICANT IS REQUESTING SECOND.

THAT WAS YOU WORK? YES.

OKAY.

ALL RIGHT.

SO, OOPS.

OKAY.

AND WHO WAS THE, UH, WHO WAS THE SECOND ON? THAT WAS THAT JESSICA, GO AHEAD AND TAKE IT, MELISSA.

OH, IT WAS MELISSA.

THANK YOU, MELISSA.

ALL RIGHT.

ALL RIGHT.

SO THIS IS, UM, TO POSTPONE E ONE TO JANUARY MEETING, UH, UH, JANUARY 11TH, 2021.

UM, SO WE'LL CALL THE ROLL ON THAT, BROOKE BAILEY? YES.

[00:10:01]

OKAY.

JESSICA COHEN? YES.

ALL RIGHT.

OUT OF CAROLL.

YES.

ALL RIGHT.

THANK YOU.

UM, MELISSA HAWTHORNE? YES.

ALL RIGHT.

WILLIAM HODGE? YES.

ALL RIGHT.

DON LAYTON BURWELL.

YES.

RON MCDANIEL? YES.

DARRELL PRUITT? YES.

ALL RIGHT.

UH, VERONICA RIVERA? YES.

YASMIN SMITH.

YES.

ALL RIGHT.

THANK YOU.

AND, UH, DONNIE HAMILTON, I DON'T SEE HIM ON THAT CALLED IN, SO IT MAY BE DIFFICULT FOR HIM.

WE THOUGHT I'D COME UP WITH OH, MR. HAMILTON.

WELCOME.

WELCOME.

THANK YOU FOR FILLING OUR EMPTY ALTERNATE POSITION.

UM, AND, UH, WELCOME TO THE BOARD OF ADJUSTMENT.

SO WE ARE VOTING ON THE POSTPONEMENT OF ITEM E ONE TO JANUARY 11TH, 2021.

AND SO YOU'RE, YOU'RE THE NEXT PERSON TO VOTE.

ALL RIGHT.

OKAY.

ALL RIGHT.

THANK YOU.

ALL RIGHT.

SO, UM, THAT HANDLES OUR POSTPONEMENTS AND, UM, THERE ARE NO WITHDRAWALS.

UH, SO, UH, WHAT ARE THE OTHER THINGS THAT WE'RE DOING DIFFERENTLY? UM, SINCE WE, UH, HAVE MOVED AS THE VIDEO FORMAT IS, UM, WE ARE TAKING, UM, THE PEOPLE SPEAKING IN OPPOSITION TO THE CASES UPFRONT, AND THEN WE'RE ACTUALLY DOING THE CASES THEMSELVES.

AND SO WE HAVE, UH, ONE PERSON,

[D-6 C15-2020-0069 Courtney Mogonye-McWhorter for Malia Muir 1230 Rockcliff Drive (Part 1 of 2)]

UH, TO SPEAK TO ITEM D SIX D AS IN DOG SIX.

THAT IS C 15 DASH 2020 DASH ZERO ZERO SIX NINE.

IT'S A, UM, 12, OH, SORRY, 1230 ROCK CLIFF, DRY, UH, ROAD.

UH, SO, UH, THIS IS MEREDITH SANGER.

UM, MEREDITH, IF YOU'RE ON THE PHONE, IF YOU CAN UNMUTE YOURSELF, UH, YOU HAVE THREE MINUTES CHAIR, TO BE HONEST, I DON'T KNOW IF SHE'S ON, UM, SHE REQUESTED TO SPEAK AND I SENT HER THE INFORMATION AND I NEVER HEARD BACK FROM HER.

UM, SHE WANTED TO REGISTER, SO I REGISTERED HER.

I JUST NEVER GOT A RESPONSE THAT SHE WAS GOING TO SPEAK AFTER ALL.

OKAY.

AND ALL I'M SEEING ARE PANELISTS.

SO I DON'T KNOW WHO IS ON THE PHONE LINES IN A POSITION TO SPEAK.

SO I DON'T KNOW THAT CAN BE CHECKED OR NOT, BUT SINCE WE HAVEN'T HEARD ANYTHING FROM HER AND THE ASSUME THAT SHE IS DEBATABLE, SORRY, SHARE THIS AT THE IVY TECH.

I DO NOT SEE THAT NUMBER ON THE, ON THE LIST WHO, THE PEOPLE WHO HAVE CALLED IN, YOU DO NOT SEE HER ON THE LEFT SIDE.

I DO NOT.

OKAY.

ALL RIGHT.

VERY GOOD.

ALL RIGHT.

THANK YOU FOR, FOR CLARIFYING THAT.

ALL RIGHT.

SO WE WILL MOVE ON TO OUR, UH, REGULAR, UH, AGENDA AND, UH, WE WILL START WITH THE ITEMS,

[C-1 C16-2020-0007 Eric Beegun for Tim Finley 2234 Guadalupe Street]

THE C ITEMS. THESE ARE, UM, THE SIGNS, UM, UM, VARIANCES FOR SIGNS, AND THIS IS NEW PUBLIC HEARINGS.

UM, SO WE'LL START WITH ITEMS C ONE C AS IN CAT.

UH, THIS IS C 16 DASH 2020 DASH ZERO ZERO ZERO SEVEN.

THIS IS ERIC BEACON, UH, FOR TIM FINLEY AT 2234 GUADALUPE STREET.

AND THIS IS A VARIANCE AGAIN FROM THE SIGN ORDINANCE, UH, RELATIVE TO, UH, ILLUMINATION IN, UM, UM, THE UNIVERSITY NEIGHBORHOOD OVERLOAD.

YEAH.

A REMINDER I'M NOT GOING TO PARTICIPATE IN, SO I'M GOING TO TURN OFF MY VIDEO AND I'LL BE AVAILABLE FOR THE NEXT CASE.

ALL RIGHT.

THANK YOU, MELISSA.

SO MR. BIEGUN, IF YOU'RE AVAILABLE, WE HAVE FIVE MINUTES.

GREAT.

THANK YOU VERY MUCH.

UM, ALL RIGHT, LET ME, UH, I DO NOT SEE MY SLIDES UP THERE, BUT I WILL GET STARTED, UM, INTRODUCE THE PROJECT.

UM, AND I DON'T KNOW IF ANYONE HAS A CHANCE TO SEE THE SLIDES WITH THE DECK.

SO WE ARE SEEING THE, WE ARE SEEING THE, UH, SWEET GREEN, THE DRAG, THE FIRST, UH, YOUR FIRST SLIDE.

SO, UM, INTRODUCED TO PROJECT SWEET IS A, UM, RESTAURANT.

WE HAVE ONE STORE CURRENTLY IN AUSTIN.

WE OPENED ON SOUTH

[00:15:01]

CONGRESS ABOUT TWO MONTHS AGO.

WE'RE VERY, VERY, VERY HAPPY TO SERVE THE AUSTIN COMMUNITY.

WE'RE VERY EXCITED TO OPEN OUR SECOND STORE ACROSS THE STREET FROM THE UNIVERSITY OF TEXAS, UH, ALONG THE DRAG AT TWO TO THREE, FOUR GUADELOUPE STREET.

UM, WE SPENT A LOT OF TIME TRYING TO UNDERSTAND THE MARKET, TRYING TO UNDERSTAND HOW TO BEST SERVE OUR CORE CUSTOMERS.

AND WE THINK THAT THERE'S A GREAT OPPORTUNITY HERE TO SERVE THE UT COMMUNITY AGAIN.

UH, SWEET GREEN IS A CONCEPT THAT FOCUSES ON LOCAL FOOD.

WE SERVE, UH, SALADS AND GRAIN BOWLS MADE FROM SCRATCH, UM, PRIMARILY LUNCH AND DINNER.

AND AGAIN, WE'RE VERY, VERY EXCITED.

THIS, THIS WILL BE OUR SECOND STORE IN AUSTIN, UH, OUR FIFTH STORE IN TEXAS, AND WE'RE JUST VERY GRATEFUL TO BE ABLE TO SERVE THE COMMUNITY.

SO NEXT SLIDE, UM, I WANT TO TALK ABOUT TODAY IS THE UNIVERSITY NEIGHBORHOOD OVERLAY ZONING DISTRICT SIGNS, WHICH SAYS THAT ASSIGN MAY NOT BE ELIMINATED OR CONTAIN ANY ELECTRONIC OR MOVING IMAGES.

WHAT WE'RE REQUESTING IS A VARIANCE TO PERMIT OUR PROPOSED WALL AND BLADE SIGN, TO BE ILLUMINATED WITH NEON LIGHTING SYSTEMS, WHICH ARE DETAILED IN OUR PLANS THAT WE'VE SUBMITTED TO THE CITY OF AUSTIN.

SO IF WE WANT TO GO TO THE NEXT SLIDE YEAH.

WE'RE SEEING IT.

OKAY, PERFECT.

SO WHAT WE'RE GOING TO ANCHOR ON HERE IS OUR LOCATION.

SO WE'RE LOCATED AGAIN, RIGHT, RIGHT NEXT TO THE CO-OP BOOKSTORE, PRETTY MUCH RIGHT AT THE ENTRANCE INTO THE UNIVERSITY OF TEXAS AUSTIN GUADALUPE.

UM, IF WE GO DOWN TO THE NEXT SLIDE, OUR SPACE IS ABOUT 2,700 SQUARE FEET.

WE'RE LOCATED DIRECTLY IN BETWEEN A UT BOOKSTORE AND A CHIPOTLE RESTAURANT.

SO IF WE WANT TO KEEP MOVING DOWN HERE, UM, THE CURRENTLY, IF YOU LOOK ON THE STREET, THE MAJORITY OF COMMERCIAL, UH, TENANTS, MOSTLY FOOD AND BEVERAGE, A LOT OF RETAIL TENANTS HAVE ILLUMINATED SIGNAGE HERE.

AND IF YOU GO DOWN TO, UM, SLIDE NUMBER NINE, NEXT SLIDE.

NEXT SLIDE AGAIN, 2,700.

YEP.

NEXT SLIDE PLEASE.

NEXT SLIDE.

YEP.

THERE YOU GO.

WE CAN ANCHOR HERE.

SO THIS IS A, THIS IS A ARCHITECTURAL RENDERING OF THE STOREFRONT.

THIS SHOWS OUR BLADE SIGN, UM, THAT WE'RE PROPOSING TO ADD VERY SIMILAR TO A LOT OF THE BLADE SIGNS THAT EXIST ON THE STREET.

WHAT WE SHOWED HERE IS AN ILLUMINATED SIGNAGE LOCATION MAP.

THIS SHOWS 12 OTHER RETAILERS AND RESTAURANTS ON THE BOULEVARD HERE, WHO ALL HAVE ILLUMINATED CHANNEL LETTER SIGNS ON THE FACADE ALONG WITH, UH, ILLUMINATED BLADE SIGNS.

SO IF YOU KEEP MOVING DOWN HERE AGAIN, THIS STARTS AT CVS ON THE WEST SIDE OF GUADALUPE MOVING ALL THE WAY TOWARDS KAABA, WHICH IS RIGHT AT ABOUT 28TH, 28TH AVENUE.

AND AGAIN, ON THE NEXT COUPLE OF SLIDES, THIS JUST SHOWS THE NUMBER OF OTHER TENANTS WHO ALSO HAVE, UH, ILLUMINATED CHANNEL LETTERS AND ILLUMINATED BLADE SIGNS.

SO IF WE WANT TO KEEP MOVING DOWN, I'D LIKE TO GO ALL THE WAY DOWN PAST SLIDE 15 AND TO SLIDE 16.

AND WHAT YOU'LL SEE IS WHAT YOU'LL SEE IS, UH, IMAGES OF GUADALUPE AT NIGHT, UM, AND HOW THE EXISTING RESTAURANTS AND RETAILERS PRESENT THEMSELVES TO THE STREET.

SO IF WE WANT TO GO DOWN, I'D SAY PROBABLY ANOTHER SEVEN OR EIGHT SLIDES.

WHAT WE REALLY WANTED TO DO IS GET THE BOARD TO CHANCE HERE TO REALLY UNDERSTAND WHAT THE, WHAT THE EXISTING, UM, DYNAMIC IS OF THE STREET.

SO IF YOU WOULDN'T MIND GOING DOWN, THAT WOULD BE HELPFUL IF YOU COULD GIVE THE SLIDE NUMBER THAT YOU WANT, THAT WOULD PROBABLY BE HELPFUL TO NP.

SO PERFECT.

THE SLIDE SHOWS IS THIS IS A RENDERING THAT WAS DONE AT NIGHT BY OUR ARCHITECTS THAT SHOW THE ILLUMINATED CHIPOLA CVS SIGN ADJACENT TO US WITH SWEET GREEN.

THAT WOULD NOT HAVE ANY ELIMINATION.

IF WE GO TO THE NEXT SLIDE, WHICH IS SLIDE 17.

OH, SORRY ABOUT THAT.

THE NEXT SLIDE, WHICH IS SLIDE

[00:20:01]

17.

YEAH.

WE'RE SEEING 17 MINUTES.

GOT IT.

SO THAT NEXT SLIDE SHOWS WHAT IT WOULD LOOK LIKE, WHICH, UH, WITH THE CHANNEL LETTERS AND THE BLADE SIGN, THE LIMITED ILLUMINATED, UM, WHICH WE FEEL IS APPROPRIATE GIVEN THE STREET.

SO I THINK MOVING ON TO SLIDE 18, HERE ARE THE FINDINGS OF FACT, I'D LIKE TO GO THROUGH KIND OF THE FOUR QUESTIONS THAT I BELIEVE WE NEED TO ANSWER.

THE FIRST ONE IS THE VARIANCES.

THE VARIANCE IS NECESSARY TO CAUSE STRICT ENFORCEMENT OF THE ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE.

CONSIDERING THE UNIQUE FEATURES OF THE SITE, SUCH AS DIMENSIONED, LANDSCAPING, AND TOPOGRAPHY.

THE REASON HERE IS THAT I'D LIKE TO ANCHOR ON IS IT'S IMPORTANT FOR US TO BE ABLE TO ALUMINATE OUR FACADE, OUR FACADE HERE ON THE EXISTING BUILDING IS ALMOST 15 FEET.

AND WITHOUT ANY ILLUMINATED SIGN, WE ARE AT A SIGNIFICANT COMPETITIVE DISADVANTAGE TO WHAT'S EXISTING ON THE STREET.

THE SECOND, UH, FINDINGS OF FACT, I'D LIKE TO ADD IS THAT THE GRANTING OF THIS VARIANCE WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT UPON NEIGHBORHOOD PROPERTIES.

WELL, WE DID, WE DID AT THE TIME, I DIDN'T HEAR IT.

IT WENT OFF MR. CHAIRMAN.

OKAY.

ALL RIGHT.

ALL RIGHT.

SO IF YOU COULD WRAP UP, I'M SURE THERE'LL BE SOME QUESTIONS FOR YOU, BUT IF YOU CAN JUST WRAP UP QUICKLY.

OH, WELL, SO, SO I WOULD SAY THAT THE REQUESTING OF THIS VARIANCE IS NOT ASKING FOR ANYTHING THAT DOESN'T ALREADY EXIST.

UM, THIS NEIGHBORHOOD, THIS NEIGHBORHOOD AS EXISTING AT THE COMMERCIAL STREET WITH, UH, FOOD AND BEVERAGE AND RETAILERS, UH, THROUGH RESIDENTIAL STREET IS ALL TO THE SOUTH AND TO THE, TO THE WEST HERE.

SO WE DON'T BELIEVE THAT ADDING, UH, ADDING ANY ILLUMINATION, UM, WILL MAKE ANY DIFFERENCE ON WHAT IS ALREADY EXISTING ON THE STREET.

THE THIRD COMMENT HERE IS THAT THE GRANTING OF THIS VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THE SIGN ORDINANCE.

W W WE NEED TO, UH, WHEN I, UH, ASK YOU TO WRAP UP, UH, W WE NEEDED TO WRAP UP, SO LET'S CLOSE THE PUBLIC HEARING.

ARE THERE ANY QUESTIONS OF THE APPLICANT? UH, YEAH.

WRONG? NO, IT'S ACTUALLY NOT.

SO THE APPLICANT, MR. CHAPEL, WHEN WE WRAP UP, UH, UH, I WAS GOING TO RAISE MY HAND UP TO, UH, TO INITIATE THE CALL CONVERSATION ABOUT THIS.

OKAY.

ALL RIGHT, JESSICA, I JUST HAVE ONE QUICK QUESTION FOR THE APPLICANT.

UH, MY, MY ONLY REAL CONCERN, I MEAN, CAUSE YOU'RE RIGHT.

THE DRAG IS BASICALLY ALL LIT.

NOW IS, IS THE BLADE SIGN, THE SIDE BLADE SIGN, UH, FROM THE RENDERING, IT LOOKS LIKE IT'S GOING TO BE REALLY, REALLY BRIGHT, UH, WHICH IS A LITTLE BIT DIFFERENT THAN EVERYONE ELSE IN THE STRIP.

UH, DO YOU KNOW HOW MANY LUMENS THAT'S GOING TO BE OUTPUTTING OR HOW BRIGHT IT'S GOING TO BE? OKAY.

UH, I DO NOT HAVE, UH, I DID NOT HAVE THE LUMENS ON THE BLADE LIGHT.

I KNOW THAT THAT BLADE SIGN IS ON A DIMMER.

SO WE HAVE THE ABILITY TO DO THAT WHERE NEEDED.

THANK YOU.

I HAVE A QUESTION.

I DON'T KNOW WHAT HAPPENED TO MY VIDEO, BUT THIS IS BROOKE BAILEY.

AND I HAVE A QUESTION FOR THE APPLICANT.

SO I'M LOOKING AT WHERE YOUR BLADE SIGN IS LIKE NINE FEET TALL.

THE OTHER SIGNS THAT YOU'RE SHOWING THAT ARE DROPPED DOWN OR, YOU KNOW, PROTRUDING SIGNS ARE ALL VERY SMALL.

THEY'RE, THEY'RE LIKE NO BIGGER THAN THREE BY THREE.

UM, SO I'M, I'M TRYING TO FIGURE OUT WHY YOU FEEL YOU NEED SOMETHING SO MUCH LARGER THAN WHAT EVERYBODY ELSE IS GETTING ON YOUR BLADE SIGN.

SO ON THE BLADE SIDE, OUR CHANNEL LETTERS ARE NEON CHANNEL LETTERS, ONLY 10 INCHES, UH, 15 INCHES HIGH BY ABOUT 13 FEET LONG, WHICH DOES FALL INTO THE ALLOWABLE DIMENSIONS OF A BLADE OF A BLADE SIGN WITHIN THE DISTRICT, EXCEPT THAT YOU'RE NOT ALLOWED A BLADE SIGN ON THIS.

CORRECT.

I THINK I'M ILLUMINATED WHEN IT'S NOT ALLOWED.

OKAY.

BUT WHAT I'M SAYING IS ALL THE OTHER ILLUMINATED ONES ARE MUCH SMALLER.

YEAH.

I ALSO SEE THAT, UM, A LOT OF THE, THERE ARE SOME PLACES THAT HAVE BOTH KINDS OF SIGNS.

UM, BUT IT SEEMS LIKE THAT'S THE MINORITY, MOST PLACES HAVE ONE SIGN AND IF THEY HAVE BOTH, THEN THE BLADE SIDES ARE REALLY SMALL.

WHEN WE PUT TOGETHER THE CHANNEL LETTERS AND THE BLADE SIGN WE DID.

SO WITHIN THE LIMITATIONS

[00:25:01]

THAT WERE ALLOWED OF US ON THE EXISTING, UH, SIGNAGE CODE.

SO WHAT WE'RE HERE TODAY FOR IS NOT ON THE SIZE OF THE SIGN.

CAUSE WE BELIEVED THAT THE SIGN IS WITHIN THE ALLOWABLE SIGN CODE RATHER THAN THE ILLUMINATION OF THE SIGN.

OKAY.

UH, YEAH.

YES, MA'AM.

UM, AND MAYBE THOSE GUYS CAN HELP ME OUT.

I'M NOT REALLY HEARING IT HARDSHIP THAT ISN'T SELF-IMPOSED.

UM, SO IF ANYONE CAN HELP ME OUT WITH THAT, WHEN WE GET INTO THE CAR, WHEN WE GET INTO THE CONVERSATION, I INTEND TO MAKE A MOTION TO SUPPORT ON A WALKTHROUGH.

UM, I'LL WALK THROUGH WHAT I BELIEVE THE, THE PROBLEM WITH THIS IS IF THAT HELPS THEM THEN EVEN CONSIDERED THAT.

OF COURSE, TIM FOR, UH, JESSICA, DID I SEE YOUR HAND UP? YEAH.

IF JESSICA WE'RE HAVING A LITTLE TROUBLE HEARING YOU, SO I DON'T KNOW IF YOU CAN GET CLOSER TO YOUR MOUTH OR IS THAT ANY BETTER? A LITTLE BIT THAT ANY BETTER? OH YEAH, THERE YOU GO.

I WAS TRYING TO KEEP IT OUT OF MY FACE.

GO AHEAD.

OKAY.

I, IT DJ JESSICA COMING IN IT'S FOR A PODCAST, UH, FOR THE APPLICANT.

UH, COULD YOU PERHAPS, UH, MAYBE COMPARE YOUR SIGN TO THE WINGSTOP SIGN DOWN THE STREET? CAUSE I THINK THAT MIGHT SETTLE MOST PEOPLE'S MINDS IT'S ON SLIDE 16 IS A NICE LITTLE RENDERING.

HE DID WHERE IT'S ON LUMINATED AND THEN ON SLIDE SEVEN AND THEN ON SLIDE 17, IT SHOWS IN COMPARISON WHAT IT WOULD BE.

BUT I THINK THAT'S ACTUALLY LIKE A REAL PICTURE.

IS THAT THE BLADE SIGN OR THE SIGN? BOTH.

SO ON SLIDE 12, PICTURE NUMBER SEVEN SHOWS THE CHANNEL LETTERS ON THE FACADE OF THE DONUT, ALONG WITH THE BLADE SIGN THAT COMES OFF OF THE ISLAND.

THAT'S THE REAL SIGNAGE.

NOT A RENDERING, RIGHT? CORRECT.

OKAY.

THANK YOU.

NOPE.

OKAY.

ANY OTHER, UH, UH, QUESTIONS OF THE APPLICANT? I HAVE A QUESTION FOR THE APPLICANT.

CAN, CAN YOU HEAR ME? YES, GO AHEAD, TONY.

UH, FOR THE APP WE CAN, NOW I WAS WONDERING WHEN IT COMES TO, UH, , UH, ALIGNING OUR SUITE, BRINGING THOSE THAT TIME TO, UH, ANY OF YOUR CORPORATE BRANDING OR ANYTHING BASED OFF THE WAY THAT YOU MARKET YOUR BRAND.

UM, UH, SWEET GREEN AS NATIONALLY.

I APOLOGIZE.

I THINK THE QUESTION I HEARD AND MAYBE SOMEONE CAN, CAN HELP FILL IN THE BLANKS WITH IS THE BRANDING THAT WE'RE USING ON THE CHINA LETTERS IN THE BLADE SIGN PART OF OUR CORPORATE BRANDING.

IS THAT THE QUESTION? YEAH, IT WAS INAPPROPRIATE, UM, TO USE, UH, UH, FINDING THAT, UH, THAT YOU'RE PROPOSING HERE IS OUT OF YOU AS WELL ABOUT PROMOTING OR ACTUAL BRAND OR SWEET GREEN.

SO IS IT CONSISTENT WITH EVERY OTHER ANIMAL SUITE RUNNING THROUGHOUT THE REGION OR MAYBE, OKAY.

YEAH, I WOULD SAY THIS IS VERY CONSISTENT WITH ALL SWEET GREENS WE HAVE IN THE COUNTRY.

NOW I WOULD SAY THAT THE BRANDING WE HAVE AT THIS STORE IS ACTUALLY VERY CONSISTENT WITH A LOT OF THE BRANDING WE HAVE AT OUR FIRST STORE.

WE OPENED THAT SOUTH CONGRESS.

AND IF YOU LOOK AT PICTURES AND I APOLOGIZE, WE DIDN'T INCLUDE PICTURES OF OUR EXISTING BLADE SIGN AT SOUTH CONGRESS, BUT IF THEY VERY SIMILAR GLADE SIGN, OKAY.

ANY OTHER, UM, DISCUSSION OR QUESTIONS OF THE APPLICANT AND MR. HAMILTON, UH, IT IS, UH, DIFFICULT TO HEAR YOU.

SO, UH, IF THERE'S SOMETHING YOU CAN DO TO GET CLOSER TO THE MICROPHONE OR JUST SPEAK UP WHEN YOU, WHEN YOU SPEAK, THAT WOULD BE HELPFUL.

OKAY.

ANY ANYBODY WRONG? DID YOU HAVE SOME INSIGHT HERE? UH, SO IT'S FUNNY.

I WAS THINKING ABOUT THIS BEFORE WE SHOWED UP TONIGHT.

I DON'T KNOW IF I'VE EVER VOTED FOR A SINGLE DESIGN VARIANTS IN THE TIME I'VE BEEN ON THE SPORT, WHICH IS THREE OR FOUR YEARS.

UM, AND I THINK THIS IS THE FIRST AND I INTEND TO MOVE TO SUPPORT THIS VARIANCE AND I'LL, AND I'LL WALK THROUGH WHY THE UNIVERSITY NEIGHBORHOOD OVERLAY WAS PASSED.

AND I BELIEVE 2004, UH, DON CORRECT ME IF I'M WRONG ON THIS, I'M GOING OFF MEMORY.

IS THAT CORRECT? I THINK SO, BUT I CAN'T THE VAST MAJORITY OF THE BUSINESSES THAT ARE REFERRED TO ON THE DRAG WITH THE EXCEPTION OF THE UNIVERSITY CO-OP AND OTHERS HAVE TURNED OVER SINCE THAT TIME BECAUSE OF THE NATURE OF THE DRAG AND THE CHANGING

[00:30:01]

POPULATION THAT IT SERVES.

HOW IS IT THAT THIS ORDINANCE IS ON THE BOOKS AND APPEARS TO BE ALMOST COMPLETELY UNENFORCED AND WAS THE INTENT OF THE UNIVERSITY NEIGHBORHOOD OVERLAY SIGN REGULATION, WHICH INCLUDES A NUMBER OF PROVISIONS THAT APPEAR TO BE ENFORCED REALLY WAS THE INTENT TO GROW JULIE ELIMINATE ILLUMINATED SIGNS, BECAUSE IF IT WAS THE INTENT AT THAT TIME, IT APPEARS TO HAVE COMPLETELY FAILED BECAUSE THEY HAVE NOT BEEN EITHER REDUCED OR ELIMINATED IN THE 28 YEARS THAT I'VE BEEN SPENDING TIME MORE OR LESS THREE OR FOUR DAYS A WEEK MINIMUM ON THE DRAG.

SO THIS APPEARS TO BE AN ORDINANCE THAT IF WE APPLIED IT TO THIS APPLICANT WHO COMES BEFORE US TONIGHT WOULD BE PLACED AT A UNIQUE DISADVANTAGE, NOT A MIRROR, NOT MERELY A DISADVANTAGE BECAUSE THEY'D BE UNABLE TO COMPETE WITH OTHER RESTAURANT TOURS.

BUT BECAUSE AS FAR AS I CAN TELL DRIVING THE SECTION BETWEEN MLK AND 24TH STREET, THEY WOULD BE THE ONLY BUSINESS THAT THIS ORDINANCE APPLIED TO.

AND SO IF I MIGHT, I'M GOING TO REFER TO WHAT THE UNIVERSITY NEIGHBORHOOD, UH, OVERLAYS ZONING DISTRICT SIGN SECTION SAYS, WHICH IS SECTION 25, 10, ONE 33.

UM, IT SAYS THE SECTION APPLIES WITHIN THE UNIVERSITY NEIGHBORHOOD ZONING DISTRICT, OBVIOUSLY.

SO THAT SUPERSEDES OTHER PROVISIONS OF THE ARTICLE TO THE EXTENT OF THE CONFLICT.

IT SAYS, SIGN CAN'T EXCEED 150 SQUARE FEET OF DESIGN AREA.

IN CERTAIN PLACES, FREESTANDING SIGNS ARE PROHIBITED.

ROOF SIGNS ARE PROHIBITED, WALL SIGNS PERMITTED.

IF THE SIGN COMPLAINS WITH A SUBSECTION, ONE PROJECTING SIGN FROM EACH BUILDING, FACADE IS PERMITTED THE SIGN AREA OF THE PROJECTING SIDE, CAN'T EXCEED 35 SQUARE FEET, RIGHT? AS OPPOSED TO THREE BY THREE, THIS LOOKS LIKE RELATIVELY SMALL.

IT SAYS IT CAN EXTEND FROM THE BUILDING NOT MORE THAN, UH, THAN THE LESSER OF SIX FEET OR A DISTANCE EQUAL TO TWO THIRDS OF THE WIDTH OF THE BUDDING SIDEWALK.

UM, AND THEN FINALLY, AND SORT OF HILARIOUSLY THE LAST LINE IS ASSIGNED MAY NOT BE ILLUMINATED OR CLEAN OR CONTAIN ELECTRONIC IMAGES OR MOVING PARTS, ELECTRONIC IMAGING OR MOVING PARTS APPEARS TO HAVE BEEN ENFORCED ON THE DRAG.

BUT, UH, THE, UH, THE REST OF THAT PARTICULAR PROVISION APPEARS TO HAVE NOT.

SO FOR THAT REASON, I AM MOVING TO APPROVE, UH, THIS, UH, VARIANCE REQUEST, BECAUSE I BELIEVE THAT IF WE DID NOT MOVE TO A PRIVET AND ALL HERE, THAT THEN IT WOULD BE ARBITRARY AND UNFAIR TO THIS APPLICANT IN A VERY SELECTIVE AND, AND, AND, UH, AND, AND MY, I, I, I DON'T UNDERSTAND WHY WE'VE NEVER APPARENTLY ENFORCED IT BEFORE.

I DON'T KNOW IF PEOPLE JUST LOOKED AROUND AND WENT FORWARD IF IT'S LIKE THE, OR IF IT'S LIKE THE DRIVING GUIDELINES IN GAS STATION, PARKING LOTS THAT WE'VE SEEN IT A COUPLE OF TIMES, BUT, UH, FOR WHATEVER REASON, UH, THIS APPEARS TO HAVE NEVER BEEN ENFORCED BEFORE.

AND THAT'S WHY I'M MOVING TO APPROVE.

OKAY.

THANK YOU, ROB AND ALIYAH, I SEE THAT YOU'RE ON HERE.

ALAN, YOU HAD YOUR HAND UP, I JUST WOULD LIKE TO BRIEFLY ADDRESS THE BOARD MEMBERS COMMENTS ON THE THEME.

WE, IF YOUR LEE'S BUFFERING, I REALLY WANT TO HEAR THOSE TOO LEEWARD TO HEAR YOU RIGHT NOW.

OKAY.

I'LL I'LL FOR ME, AS FAR AS MAYBE YOU CAN TURN OFF.

CAN YOU HEAR ME NOW? OKAY.

IS THIS BETTER? YES.

EXCELLENT.

I APOLOGIZE.

UH, I JUST WANTED TO BRIEFLY ADDRESS, UM, UH, UH, COMMISSIONER MCDANIEL'S COMMENTS ON THIS.

I CAN TELL YOU THAT IT WAS NOT THE INTENT OF COUNCIL TO COMPLETELY PROHIBIT ILLUMINATED SIGNS.

WE PROCESSED A FAIRLY EXHAUSTIVE AMENDMENT TO THE UNO REGULATIONS, UH, IN NOVEMBER OF 2019.

AND THERE WAS A PROVISION THAT WAS INADVERTENTLY ADDED TO PROHIBITED LUMEN, ILLUMINATED SIGNS.

AND I, UH, FOR THE LAST MONTH, MONTH AND A HALF HAS BEEN WORKING WITH STAFF TO FIND, UH, THE MOST CONVENIENT AND EFFICIENT PROCESS TO BRING THAT BACK TO COUNCIL SO THAT WE RECTIFY THAT SITUATION.

SO I JUST TO ANSWER YOUR QUESTION, IT WAS DEFINITELY NOT COUNCIL'S INTENT TO MAKE THAT PROHIBITION.

AND, UM, WE ARE WORKING ON A SOLUTION THAT THAT'S, THAT'S VERY MUCH APPRECIATED AND GOOD INSIGHT.

THAT EXPLAINS A LOT.

CAUSE I WAS ACTUALLY, WHEN I READ THE PACKET, I WAS ASTONISHED TO SEE THAT THEY WERE PROHIBITED.

[00:35:01]

UH, IS THIS THE, UH, THE ISSUE THAT JURY RUST OWEN HAD BROUGHT UP TO THE PLANNING COMMISSION AS WELL, THEN ABOUT, UH, THE, YOU KNOW, UH, RECTIFYING SOME ISSUES WITH THAT, YOU KNOW? YES.

THAT, THAT'S PROBABLY A YES.

AND I'VE BEEN WORKING WITH MR. RUSS TOVAN AND THE STAFF TO, TO MAKE SURE THAT WE CAN BRING THIS BACK TO COUNCIL AND CLEAR EVERYTHING UP.

OKAY.

I SEE TWO MORE HANDS UP.

WE'LL GO WITH BROOKE.

AND THEN JESSICA JUST QUICKLY.

UM, AND, AND MAYBE THIS IS FOR LEE, I'M NOT SURE WHO THIS IS FOR, BUT KAVA IS A VERY NEW BUSINESS ON GUADALUPE.

AND YET WE DIDN'T HEAR THOSE SIGNS AND THEY, YOU KNOW, WHAT ARE WE HEARING THIS ONE WHEN WE'RE NOT HEARING SOME OF THE OTHER CASES? I DON'T, I DON'T HAVE A GOOD QUESTION FOR THAT.

I'D HAVE TO PROBABLY GO BACK AND WORK WITH MY HOUSING PLANNING COLLEAGUES TO FIGURE OUT, UM, WHEN THOSE WERE PASSED.

UM, I CAN TELL YOU THAT SINCE I WAS HERE, THAT'S A NEW BUSINESS.

WELL, I TH AGAIN, UM, THEY WERE PROBABLY PASSED BECAUSE THE UNO REGULATIONS NEVER INTENDED TO PROHIBIT ILLUMINATED SIGNS.

RIGHT.

BUT THEY DO.

SO THEY, THEY, THEY HAVE SOME, AND NOT ALL YOU HAVE SINCE NOVEMBER OF 2019.

AND THAT'S, I THINK WHAT'S OKAY.

SO MAYBE IT WAS BEFORE THEN.

OKAY.

ALL RIGHT.

THANK YOU.

THAT HELPS THE MOTION BY THE WAY.

OH, YOUR SECOND YEAR, SECOND YEAR.

ALL RIGHT.

THANK YOU.

THAT'S LITERALLY WHAT I WANTED TO DO, BECAUSE I AGREE WITH CHORD MEMBER MCDANIEL.

I DROVE DOWN THE DRAG LAST NIGHT JUST TO GET OUT OF THE HOUSE, TAKE THE DOG OUT FOR A BIT, AND THERE'S, IT WOULD JUST BE SILLY NOT TO GRANT THEM MOOSE.

I MEAN, THAT'D BE THE ONLY PLACE ON THE STRIP WITHOUT LIGHTING, SO WE SHOULD JUST VOTE AND GET IT OVER WITH.

ALL RIGHT.

THANK YOU.

UH, UH, YASMINE, THE ONLY THING I'D WANT TO ADD IS, IS THERE, DOES ANYONE FEEL ANY TYPE OF WAY ABOUT A FRIENDLY AMENDMENT TO TALK ABOUT THE LUMENS? I DON'T WANT LIKE A FREE FOR ALL ON BRIGHTNESS AND THINGS OF THAT NATURE IS THAT I WOULD LIKE SOME TYPE OF YOU, YOU CAN'T, YOU CAN'T, YOU DON'T HAVE A FREE FOR ALL WHEN IT COMES TO THIS THING, THAT SEEMS TO BE PROHIBITED, EVEN IF IT'S GOING TO BE ADDRESSED LATER, BUT IF MY BUILDERS OR ARCHITECTS AND OTHERS THAT ARE MORE VERSED, THINK THAT THAT IS, IS NOT WORTH THE TIME, THEN I'LL DEFER.

WELL, UH, HERE, HERE'S WHAT I'LL SAY ABOUT THAT, UM, IS, UH, THAT I, IT MAY ALREADY BE ADDRESSED.

I DON'T KNOW, UM, IN TERMS OF WHAT THEY'RE REVAMPING, UM, OR WHAT THEY ALLOWED BEFORE, BECAUSE AS LEE HAD SAID, PART OF THE ISSUE CAME UP WHEN THERE WAS AN ORDINANCE PASSED IN NOVEMBER OF LAST YEAR AND, UH, WHAT WAS INTENDED AND WHAT GOT WRITTEN INTO THE ORDINANCE FOR TWO DIFFERENT THINGS.

UM, SO THERE MAY BE A CAP ON LUMENS, I DON'T KNOW, BUT I WOULD BE HARD PRESSED TO, UH, GIVE A VALUE TO THE LUMENS.

UM, YOU KNOW, UM, JUST OFF THE CUFF, RIGHT? SO, UH, I, I DON'T, I THINK THAT THAT WOULD BE, UM, UH, POTENTIALLY PROBLEMATIC.

THE OTHER THING THAT I'LL SAY IS THAT I DO THINK THAT THERE IS, UH, UH, A NEED FOR CONTROLLING, UM, YOU KNOW, HOW MUCH ELIMINATION THERE IS WITH SIGNAGE AND STUFF LIKE THAT.

UH, WE DON'T WANT TO TURN INTO THE VEGAS, UH, WHERE IT'S JUST THIS, UH, YOU KNOW, OF LIGHT.

AND, UM, THAT SAID, THIS IS THE DRAG.

AND SO IF THERE'S ANYWHERE THAT, UH, YOU KNOW, NEEDS TO SPARKLE, UM, THIS IS PROBABLY THAT ONE OF THE MORE APPROPRIATE STREETS, YOU KNOW, FARTHER BACK INTO THE NEIGHBORHOOD, I CAN SEE WHY THEY MIGHT WANT TO, UH, DIMINISH THE AMOUNT OF LIGHTING AND STUFF.

BUT, UH, ANYWAY, THAT'S WHAT I'LL SAY, JESSICA.

I WAS JUST GOING TO MENTION THAT IT DID SAY IN THE PACKET THAT THE LIGHTS ARE GOING TO BE 5,000 KEY.

SO THE COLOR TEMPERATURE IS KIND OF A COOLER BLUER, WHITER LOOK, UH, WHICH MIGHT ADD TO A BRIGHTER LOOK, BUT HONESTLY LIKE, LIKE, YOU KNOW, THE CHAIR SAID, THIS IS THE DRAG.

SO LUMENS WOULD BE REALLY HARD TO GET UNTIL THEY PUT IT ON THE WALL, BECAUSE LIKE THE REFLECTION OF THE LIGHT OFF THE WALL ITSELF CONNECTS TO CHANGE THE AMOUNT OF LUMENS THAT ARE, UH, COMING FROM THE LIGHT ITSELF.

I JUST ASKED SIMPLY BECAUSE I DIDN'T KNOW IF HE KNEW, YOU KNOW, AT TIME OF PURCHASE, HOW MANY LUMENS THE LIGHT WAS GOING TO HAVE.

OKAY.

UM, EH, DERA, THERE'S A COUPLE OF DIFFERENT WAYS.

I THINK THAT YOU CAN ADDRESS, UH, BOARD MEMBER SMITH'S CONCERNS.

ONE, I LOOK AT THE, UH, THE ELEVATION THEY'RE PROVIDING

[00:40:01]

THAT LOOKS LIKE THE BLADE SIGN IS GOING TO BE RISING ABOVE THE TOP OF THE BUILDING AND THEREFORE CASTING SOME LIGHT TOWARDS THE BACK.

I'M NOT AS CONCERNED ABOUT LIGHT COMING TOWARDS GUADALUPE STREET, JUST BECAUSE AS YOU SAY, IT IS THE DRAG, UM, ANOTHER POTENTIAL WOULD BE TO REQUIRE IT TO BE NON ILLUMINATED WITHIN CERTAIN HOURS.

AND I JUST, I DON'T KNOW IF THOSE ARE ISSUES THAT PEOPLE WANT TO WANT TO TAKE ON.

AND I THINK THOSE MIGHT BE A COUPLE OF WAYS TO ADDRESS THOSE, UH, THOSE CONCERNS.

SO AS THE MOTION MAKER, I'M A LITTLE, I'M A LITTLE, UH, I'M A LITTLE HESITANT TO, TO ACCEPT, UM, TO ACCEPT ANYTHING THAT IS OUTSIDE THE REQUEST THAT INVOLVES THE TECHNICAL DETAIL THAT MAY BE ADDRESSED IN CITY POLICY ELSEWHERE, OR IS NOT ADDRESSED.

AND BY, UM, AND BY INCLUDING IT, WE WOULD BE CREATING A POLICY THAT'S NOT BEING CREATED BY THE COUNCIL.

AND IT IS MY UNDERSTANDING THAT COUNSEL IS IN THE PROCESS OF, UH, OR ACTUALLY PLAYING CONDITIONS IN THE, UH, PROCESS OF RECTIFYING THIS WITH COUNCIL.

YEAH.

OKAY.

UH, SO WE HAVE A, UH, MOTION TO APPROVE, UH, AND AGAIN, SIGN, UM, VARIANCES ONLY REQUIRE A SIMPLE MAJORITY, UH, IS MY RECOLLECTION, IS THAT CORRECTLY OR YES, SIR.

THAT'S CORRECT.

OKAY.

VERY GOOD.

AND A SECOND BY BROOKE BAILEY, IS THAT CORRECT? YEAH.

OKAY.

ALL RIGHT.

UH, ANY FURTHER DISCUSSION IS NOT LET'S CALL THE ROLL, BROOKE BAILEY.

DO YOU NEED MR. CHARITY? WE NEED FINDINGS.

YES.

THANK YOU.

SURE.

YOU READY? NO, I AM.

SO, UH, THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THE ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE, UH, ADEQUATE SCIENCE IN THE SITE, CONSIDERING THE UNIQUE FEATURES OF THE SITES SUCH AS DIMENSIONS, LANDSCAPING, PHOTOGRAPHY, UH, BUT FOR TWO REASONS, REALLY, UH, BECAUSE BY TESTIMONY, THE, UM, THE APPLICABLE ORDINANCE WAS INCLUDED AT BY ERROR, UH, AND ALSO TO ENFORCE IT AT THIS MOMENT WOULD, WOULD PLACE THE APPLICANT AT A UNIQUE DISADVANTAGE.

THE GRANTING OF THIS VARIANCE WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT ON THE NEIGHBORING PROPERTIES BECAUSE THEIR SIGNING WAS APPROVED UNDER ORDINANCE AS INTENDED WITHOUT ANY PROCESS.

UM, THE GRANTING OF THIS ORDINANCE WILL NOT SUBSTANTIALLY COMPLETE WHAT THE STATED PURPOSE OF THE SIGN ORDINANCE, BECAUSE AGAIN, WITH THIS, THIS PARTICULAR SECTION OF THE ORDINANCE WAS INCLUDED, UM, UH, IN, UH, IN, UH, ERRONEOUSLY, UH, BY, UH, WHEN UPON ITS PASSAGE.

AND UNFORTUNATELY, UH, THERE IS NO VALID INTENT TO IT.

AND THEN FINALLY GRANTING A VARIANCE WOULD NOT PROVIDE THE APPLICANT WITH SPECIAL PRIVILEGE BECAUSE ALL OTHERS, ALL OTHER SURROUNDING BUSINESSES, UH, IN, UH, ARE ABLE TO OPERATE, UH, AND, UH, AND MAINTAIN SIGNS OF THIS NATURE.

ALL RIGHT.

THANK YOU.

ALL RIGHT.

SO, UH, AGAIN, WE HAVE A MOTION TO APPROVE THE SECOND BY BROOKE VILLI.

WE HAVE HAD THE FINDINGS.

LET'S GO AHEAD AND CALL THE ROLL, BROOKE.

YES, JESSICA.

YES.

YES.

AND, UH, MELISSA IS ABSTAINING.

UM, WILLIAM.

ALL RIGHT.

DON LAYTON BURWELL.

YES.

WELL MCDANIEL.

YES.

ALL RIGHT.

DARRYL PRUITT.

YES.

UH, VERONICA RIVERA.

YES.

YASMIN SMITH.

YES.

OKAY.

AND DONNIE HAMILTON? YES.

ALL RIGHT.

VERY GOOD.

SO YOU'VE GOTTEN YOUR ORDINANCE.

I MEAN, YOU'RE VERY, AND, AND THEY'RE STILL WORKING ON THE ORDINANCE, SO CONGRATULATIONS.

THANK YOU VERY MUCH FOR YOUR TIME.

ALL RIGHT.

THANK YOU.

ALL RIGHT.

UH, SO WE'LL GIVE A MINUTE FOR OTHERS.

THERE'S MELISSA.

AND, UH, SO WE'RE MOVING

[D-1 C15-2020-0058 Laurence M. Ramirez 301 North Pleasant Valley Road]

ON TO ITEM D ONE.

THIS IS ON OUR VARIANCES, NEW PUBLIC HEARINGS.

AND, UM, UH, IT'S MY UNDERSTANDING, WILLIAM, THAT YOU'RE ABSTAINING FROM THIS ONE.

IS THAT CORRECT? YES.

CAN HEAR YOU YUP.

YOUR MIKE'S ON.

YES.

I'M GONNA BE ON VIDEO HAAS GOING TO SWITCH DEVICES.

OKAY.

ALL RIGHT.

VERY GOOD.

THANK YOU FOR THAT.

ALL RIGHT.

SO, UH, THIS IS ITEM D ONE D AS IN DAVID.

UH, IT'S UH, I, UH, ITEM C 15 DASH 2020 DASH ZERO ZERO FIVE EIGHT.

UH, LAWRENCE M UM, RAMIREZ AT, UH, FOUR, UH, THREE OH ONE NORTH PLEASANT VALLEY

[00:45:01]

ROAD.

AND OUR PRIMARY SPEAKER IS ORANGE RAMIREZ.

YOU HAVE, UH, FIVE MINUTES.

OKAY.

UH, THANK YOU, CHAIRMAN, UH, MEMBERS OF THE BOARD AND GO VALLEY JOHNSON NEIGHBORHOOD.

UH, THANK YOU FOR TAKING THE TIME TO HEAR MY REQUEST THIS EVENING.

IF WE COULD PLEASE BEGIN ON SLIDE TWO.

UM, I THINK THAT WOULD BE A GREAT PLACE TO START.

UM, MY NAME IS LAWRENCE RAMIREZ AND MY PARTNER, LEANNE WARTMAN, AND I ARE CO-OWNERS OF FORTUNATE FOUNDATIONS.

FORTUNATE FOUNDATIONS IS AN INFILL BUILDING COMPANY LOCATED HERE IN AUSTIN THAT SPECIALIZES IN BUILDING AUSTIN ENERGY, GREEN BUILDING RATED HOMES.

THE STATED GOAL OF OUR COMPANY IS TO ATTAIN THE PRESTIGIOUS FIVE-STAR AEGD RATING ON EVERY ONE OF OUR HOMES.

FOR THOSE OF YOU ARE NOT FAMILIAR.

THE AEGD PROGRAM IS A RIGOROUS PROGRAM, WHICH ANALYZES EVERY ASPECT OF A HOME'S CONSTRUCTION PROCESS AND PERFORMANCE.

IT IS VERY DIFFICULT TO ATTAIN THE FIVE-STAR RATING, AND IT HAS TAKEN YEARS FOR US TO BECOME PROFICIENT AT IT.

BUT I'M HAPPY TO SAY THAT FOUR OUT OF OUR LAST SIX HOMES WE BUILT WERE AWARDED THE FIVE STAR RATING, THE OTHER TWO RECEIVED FOUR STARS.

NOW, TWO ON THE TOPIC OF TONIGHT'S MEETING.

IF WE COULD PLEASE GO TO THE NEXT SLIDE, IT SHOULD BE SLIDE THREE.

FORTUNATE FOUNDATIONS RECENTLY PURCHASED THE PROPERTY LOCATED AT THREE OH ONE NORTH PLEASANT VALLEY ROAD, WHICH IS LOCATED AT THE INTERSECTION OF NORTH PLEASANT VALLEY ROAD.

AND THIRD STREET, THREE OH ONE NORTH PLEASANT VALLEY IS CURRENTLY ZONED OR MULTI-FAMILY LOW DENSITY.

AND AS PART OF THE GO VALLEY JOHNSTON TERRACE COMBINED NEIGHBORHOOD PLAN, THE LEGAL DESCRIPTION OF THE LAW IS LOT ONE BLOCK, 22 OF OUTER, LOT 13 IN THE JOHN DOWEL SUBDIVISION.

THE LOT WAS PLANTED ON AUGUST 1ST, 1890, AND AS ILLEGALLY PLATTED, LOT THE ADJACENT LOTS ON OUR BLOCK BLOCK 22, OUR TWO, 11 AND 12, AND ARE LOCATED TO THE EAST, NORTHEAST AND NORTH RESPECTIVELY.

THESE LOTS ARE ALSO ZONED MF TWO AND A SIMILAR SIZE.

YOU SHOULD BE ABLE TO SEE THEM ON ONE OF THE DIAGRAMS AND THE LOWER LEFT CORNER OF THIS SLIDE.

THEY ARE THE FOUR ORANGE SQUARES TO THE SOUTH ACROSS THIRD STREET AND ARE LOCATED TWO OH SEVEN AND TWO OH NINE NORTH BESANT, UH, PLEASANT VALLEY ROAD, BOTH OF WHICH ARE ZONE G R M U N P AND CURRENTLY HOME TO AN AUTO MECHANIC SHOP ACROSS NORTH PLEASANT VALLEY ROAD TO THE WEST ARE 27 17 EAST THIRD STREET AND 27 16 EAST THIRD STREET, AND THREE OH SIX NORTH PLEASANT VALLEY.

THESE LOTS ARE ZONED SF THREE AND ARE ON THE OTHER SIDE OF THE NORTH PLEASANT VALLEY ROAD RIGHT AWAY.

NORTH PLEASANT VALLEY RIGHT AWAY IS A 60 FOOT RIGHT AWAY.

OUR PROPOSAL FOR THE PROPERTY IS TO CONSTRUCT A PROJECT IN ACCORDANCE WITH THE GO VALLEY JOHNSTON TERRACE NEIGHBORHOOD, FUTURE LAND USE MAP, OR PLUM AND CURRENT ZONING.

HOWEVER, DUE TO MINIMUM LOT SIZE AND FRONTAGE REQUIREMENTS, WE EXPECT TO EXPERIENCE HARDSHIP WHEN SUBMITTING FOR BUILDING PERMITS.

SO ELABORATE ON THE EXPECTED HARDSHIP.

PLEASE TURN TO THE NEXT SLIDE.

ACCORDING TO MS. TWO ZONING REGS, THE MINIMUM LAWN SCIENCE FOR AN MF TWO LAW IS 8,000 SQUARE FEET.

THREE OH ONE NORTH PLEASANT VALLEY ROAD IS 6,325 SQUARE FEET.

ALSO THE MINIMUM FRONTAGE IS STATED AS 50 LINEAR FEET, THREE OH ONE NORTH PLEASANT VALLEY ROAD HAS 46 LINEAR FEET.

IT IS OUR REQUEST TO SEEK A VARIANCE FROM THESE MINIMUM LOT METRICS SO THAT WE MAY WORK TO COMPLETE A PROJECT IN ACCORDANCE WITH THE GO VALLEY TERRACE NEIGHBORHOOD FLUM AND CURRENT ZONING.

NOW ABOUT OUR VISION FOR THE PROPERTY.

NEXT SLIDE, PLEASE FORTUNATE FOUNDATION'S VISION FOR THE PROPERTY IS TO CONSTRUCT A THREE, THREE STORY, SINGLE BEDROOM CONDOS, THESE HOMES, CONDOS, RATHER, EXCUSE ME.

THESE HOMES WOULD PROVIDE ONSITE PARKING WITH GARAGES AND FEATURE HOME OFFICE, FLEX SPACES, HIGH EFFICIENCY, WATER, AND HVAC SYSTEMS AND SOLAR PANEL ARRAYS.

THE HOMES WILL BE BUILT TO ATTAIN THE AEGD FIVE STAR RATING.

IT IS OUR INITIAL ASSESSMENT THAT ALL OF THIS CAN BE ACHIEVED WHILE WORKING WITHIN THE REIGNING REMAINING MS. TWO PARAMETERS, BUILDING COVERAGE, SETBACKS, AND COMPATIBILITY STANDARDS, NAME APPEAL BECAUSE OF THE THOUGHTFUL CONSTRUCTION.

WE BELIEVE THE HOMES WILL BE AN ASSET TO THE ENVIRONMENT, THE COMMUNITY AND FUTURE HOMEOWNERS.

NEXT SLIDE, PLEASE.

AND PREPARATION FOR PROPOSING THIS PROJECT.

WE REACH OUT TO OTHER STAKEHOLDERS IN THE AREA, JESSICA LEY WITH GABELLI NEIGHBORHOOD ASSOCIATION AND DANIEL ALANIS WITH THE GO VALLEY JOHNSTON TERRACE NEIGHBORHOOD.

WE ARE UNABLE TO GET IN CONTACT WITH MR. ALANIS, BUT DID SPEAK WITH MISS LA, WHO MENTIONED DURING OUR CONVERSATIONS THAT HE FELT THIS SITUATION WAS A SENSIBLE ONE TO BRING TO THE BOARD'S ATTENTION.

AS A SIDE NOTE, I WOULD LIKE TO MENTION WE WERE PREVIOUSLY STAKEHOLDERS IN THE VALLEY JOHNSTON TERRACE NEIGHBORHOOD BEFORE THE PURCHASE OF THREE OH ONE NORTH PLEASANT VALLEY ROAD.

AND THIS IS BECAUSE FORTUNATE FOUNDATIONS IS CURRENTLY CONSTRUCTING OUR HEADQUARTERS OFFICE, A BLOCK AWAY AT 29 OH THREE EAST SECOND STREET ON THAT NOTE.

AND WE CAN TURN TO THE NEXT SLIDE.

AND I WOULD

[00:50:01]

LIKE TO CONCLUDE BY SAYING THANK YOU TO THE BOARD IN ANY OF OUR NEIGHBORS FOR LISTENING TO OUR REQUESTS.

AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

ALL RIGHT.

VERY GOOD.

THANK YOU FOR YOUR PRESENTATION.

VERY, VERY CONCISE.

I APPRECIATE THAT.

ALL RIGHT.

WE'LL CLOSE THE PUBLIC HEARING.

UM, SO ONE QUESTION THAT I HAD OF THE APPLICANT BEFORE WE MOVE ON TO THE OTHER MEMBERS, UM, IS, UH, IT LOOKS LIKE FROM THE AERIAL PHOTOGRAPHS THAT THIS LOT AND THE, A LOT THAT IS IMMEDIATELY ADJACENT TO THE EAST ARE CURRENTLY USED AS A SINGLE USE LAW.

UM, AND I'M WONDERING WHY THESE, THESE LOTS THEN IF THEY ARE, UM, OWNED BY THE SAME PERSON OR NOT BEING USED IN TAMPA.

YEAH, BUT THAT'S MY, UH, SUPPOSITION AS WELL.

UM, WHEN THIS PROPERTY WAS LISTED, UH, THEY DID NOT LIST THE ADJACENT PROPERTY TO THE EAST.

UM, THEY WERE ONLY SELLING THIS ONE ON THE CORNER, UM, OBVIOUSLY FOR THE INTENDED USE, UH, WE WOULD, UH, BE DOING THE DEVELOPMENT ON THE CORNER LOT AND REFRAINING FROM DOING ANY ADDITIONAL DEVELOPMENTS ON THE ADJACENT MODEL FOR THE TIME BEING.

OKAY.

ALL RIGHT.

UH, BECAUSE THAT, THAT WOULD ADDRESS YOUR NEED FOR ONE OF THE VARIANCES, UM, THE, THE WIDTH OF THE LAW.

SO, UM, AND WELL, AND THE, UH, AND THE AREA TOO, I MEAN, YOU WOULDN'T NEED A VARIANCE IF YOU HAD THE ADJACENT LOT, BUT YOU DO NOT.

YOU DO NOT OWN THAT.

THAT'S CORRECT, SIR.

HIGHLIGHTED IN A DIAGRAMS. OKAY.

VERY GOOD.

ALL RIGHT.

SO LET ME MOVE TO THE, UH, PANEL HERE SO THAT I CAN SEE, UH, ARE THERE ADDITIONAL QUESTIONS? YEAH, MELISSA.

SO, UH, IT WAS A VERY NICE PRESENTATION AND I APPRECIATE THE EFFORT THAT YOU'VE PUT INTO IT.

I THINK THAT THE INTENT, UM, WHEN IT WAS ZONED FOR A TWO LOT DEPTH WAS ACTUALLY FOR A LITTLE ACCUMULATION TO HAPPEN IN ORDER TO BE ABLE TO ELAINE YOU'RE CRACKING ME UP.

CAUSE I CAN SEE YOU.

I JUST WANT YOU TO KNOW THAT, UM, THAT I, I ACTUALLY THINK THE INTENT WAS TO ACCUMULATE IT AND FOR IT TO BE DEVELOPED AS AN MF TOO.

AND I REALLY JUST BLUNTLY DON'T SEE A HARDSHIP WITH YOUR PROPOSAL.

OKAY.

UM, IS THAT A QUESTION FOR HIM, MELISSA? THAT WAS NOT A QUESTION.

THAT WAS A STATEMENT.

OKAY.

ALL RIGHT.

VERY GOOD.

ALL RIGHT.

UH, ARE THERE ANY ADDITIONAL QUESTIONS OR, UM, DISCUSSION? UM, YES.

SO TO THE QUESTION TO THE APPLICANT, IF I ALSO APPRECIATE THE VERY CONCISE PRESENTATION, THANK YOU.

UH, I'M SYMPATHETIC TO THE PROBLEMS THAT THE CODE HAS AND THE, AND THE VARIOUS WAYS THAT THE LAND USE THE FARM IS INCONSISTENT WITH THE REGULATORY.

SURE.

WHICH IS WHY WE NEED TO RE CODE, UH, THAT BEING SAID, IF YOU, IS IT WRONG FOR ME TO SUFFER? WHEN I READ THROUGH THIS BEFORE I WAS SORT OF CHARACTERIZED, I WAS SORT OF CHARACTERIZING YOUR HARDSHIP ESSENTIALLY, WHICH WAS THAT YOUR LOT IS TOO SMALL TO COMPLY WITH THE FLUM.

IS, IS THAT, IS THAT, IS THAT A FAIR CHARACTERIZATION OF HOW YOU'RE STATING YOUR HARDSHIP? YOUR LOT IS TOO SMALL TO, TO, TO, TO DELIVER ON WHAT THE FARM HAS FOR THAT PROPERTY.

I AGREE.

THAT'S ONE WAY TO PERCEIVE IT.

YES, SIR.

UM, WE FIND THAT THERE'S AN INCONSISTENCY THERE, UH, BEING THAT IT WAS ZONED SOMETHING THAT IT DOESN'T ACTUALLY MEET THE MINIMUM REQUIREMENTS FOR.

AND SO, SO, UH, WE WENT THROUGH CHANNELS.

OH, I'M SORRY.

SO WHAT YOU'RE SAYING IS THAT THE CODE AS CURRENTLY WRITTEN DOESN'T, DOESN'T ADEQUATELY DELIVER ON THE FUTURE LAND USE POTENTIAL THAT'S OUTLINED IN THE FLOM.

YEAH.

I TEND TO AGREE WITH COMMISSIONER HAWTHORNE THAT, THAT DOESN'T FEEL LIKE ENOUGH OF A HARDSHIP FOR ME TO SUPPORT IT, TO BE PERFECTLY HONEST, BUT I APPRECIATE YOU, I APPRECIATE YOU WALKING THROUGH THAT WITH ME.

THANK YOU.

YEAH.

AND ONE THING THAT I'LL SAY ABOUT THAT, WHICH I THINK IS IN SOMEWHAT, IN, IN SYNC WITH WHAT MELISSA SAID IS, UM, THAT A LOT OF THESE SMALL LOTS THAT HAVE EXISTED WHEN THE NEIGHBORHOOD PLANNING EFFORTS WERE GOING ON, UM, WAS THAT THEY WOULD BE, UH, CONGREGATED TOGETHER, UH, TO, UH, BE ABLE TO THEN DEVELOP, UM, YOU KNOW, SOMETHING ALONG, UH, PLEASANT VALLEY THERE IN THIRD STREETS.

UH, THAT WOULD BE, UH, YOU KNOW, AGAIN, AN AGGREGATE LOT WHERE, WHERE, WHERE, UM, UM, AND, UH, FOR WHATEVER REASON, THE SELLER OF THIS LOT DECIDED

[00:55:01]

TO TAKE WHAT ESSENTIALLY WAS A SINGLE USE LOT AND DIVIDED INTO TWO, WHICH THEN CREATED THIS, THIS HARDSHIP, IF THEY HAD, UM, YOU KNOW, UH, SOLD IT AS, UH, UH, AS THE TWO LOTS THAT IT'S CURRENTLY BEING USED AS ONE USE.

UM, THEN, UM, WE WOULDN'T BE IN THIS SITUATION HERE.

SO I THINK THAT, UM, UH, YEAH, I'M, I'M HAVING TROUBLE, UH, WITH THIS TOO, BECAUSE I THINK THERE WAS A SOLUTION HERE THAT DID NOT REQUIRE A VARIANCE.

IS THERE, UH, UH, MELISSA, I MEAN, I ALSO THINK THAT ZONING IS JUST A PIECE OF THE PUZZLE JUST AS THE PHLEGM IS A PIECE OF THE PUZZLE.

YOU STILL HAVE DETENTION, WATER QUALITY AND OTHER THINGS.

AND JUST BECAUSE ZONING HAS A, HAS A MAXIMUM, IT DOESN'T MEAN YOU CAN ACCOMMODATE ALL OF THE THINGS BECAUSE ALL THE REGULATIONS FIT TOGETHER.

AND, AND IF IT WERE ACCUMULATED, THIS WOULD NOT THIS CASE WOULDN'T BE HERE.

THE HARDSHIP IS, IS, IS IT'S ONLY ONE LOT OUT OF THE, TWO OF THE DEPTH THAT IT WAS ZONED, WHICH IS MY FEELING THAT IT WAS EITHER INTENDED TO BE THE TWO LOTS OR THE FOUR LOTS THAT ARE, ARE CLUSTERED RIGHT THERE.

UM, SO THAT'S JUST MY FEELING AND, UM, I'M USUALLY THE MORE LIBERAL OF US, UH, HAVING READ THE BOOK AND LOOKED AT AND BEEN ON OTHER COMMISSIONS.

AND SO, UH, I, I'M JUST NOT SEEING IT, UH, IN TERMS OF A HARDSHIP.

SO I JUST WANTED IT TO BE VERY UPFRONT SO THAT YOU WOULDN'T BE CONFUSED ABOUT WHERE I WAS HEADED.

YEAH, GO AHEAD.

I JUST, UM, I'M HEARING NUMBERS, BUT I ALSO WANT TO ADDRESS JUST THE NEIGHBOR PROVIDED A LETTER, UM, REGARDING ENGLISH GIRLS, UM, FROM THERE BEING SAFETY ISSUES.

UM, I DON'T KNOW IF YOU WERE ABLE TO SEE THE LETTER, UM, CAN YOU JUST ADDRESS THIS? OKAY.

I APOLOGIZE IF THAT WAS DIRECTED TO THE APPLICANT, I, UH, WAS HAVING A HARD TIME HEARING YOU, UH, IF IT WAS IN REGARDS TO, IF I HAD HEARD ANY, UM, YOU KNOW, OPPOSITION, UH, TO THIS PROPOSITION THAT WE DIDN'T HEAR ANYTHING FROM ANYONE REGARDING.

RIGHT.

BUT, OKAY.

SO YOU ANSWERED THE FIRST PART, BUT CAN YOU ADDRESS, ARE YOU ABLE TO ADDRESS JUST WHETHER, UH, WHAT'S SAFE? IS, IS THERE A SAFETY CONCERN WITH REGARD TO YOUR PROJECT ON HAVING ENGLISH AND ECOS ON PLEASANT VALLEY ONTO PLEASANT DAVIDO? NO.

NO, WE DON'T BELIEVE SO.

OKAY.

UH, YES.

MA'AM WHAT ARE YOU DOING, VERONICA? I'M SORRY.

OKAY.

YES, SIR.

UM, I THINK WE CAN KIND OF SEE HOW THE ADS ARE TURNING OUT, UH, BEFORE WE DO, BUT I JUST WANTED TO, AS IT'S ALL MY HEART, I KNOW IF I SAY IT NOW, IT'LL EAT AT ME FOR THE APPLICANT.

AND I'M PRIMARILY LOOKING AT THE ONE DASH, UM, 12 AND 11.

I JUST WANT TO REALLY URGE YOU THAT WHEN YOU'RE GOING INTO FOUR NEIGHBORHOODS, BUT IN UP YOUR FANCY CONDOS, DENSITY DOES NOT ALWAYS EQUAL AFFORDABILITY.

LIKE, AND YOU REALLY NEED TO, I NEED YOU TO INTERNALIZE THAT BECAUSE WHAT THIS COULD HAVE THE POTENTIALITY OF DOING, IF YOU DO NOT SET PARAMETERS AROUND AFFORDABILITY AND REALLY ADDRESSING THE NEEDS AND CONCERNS OF THAT COMMUNITY, UM, ONE OF WHICH I DON'T PARTICULARLY THINK YOU'RE PART OF CONSIDERING YOU DON'T KNOW HOW TO SAY YONIS, HIS NAME.

UM, I JUST REALLY, WHEN YOU DO THESE THINGS, I THINK THEY'RE REALLY PRETTY BUILDINGS AND FIVE STARS IS ALWAYS AWESOME.

BUT WHEN YOU DEAL WITH THIS TYPE OF WORK, PLEASE, PLEASE THINK CRITICALLY ABOUT THE IMPACTS IT'S GOING TO HAVE ON THE NEIGHBORHOOD WHEN IT COMES TO IMPORTANT.

SO THAT MIGHT MEAN ONE OUT OF THOSE THREE UNITS HAS A CERTAIN MFI.

AGAIN, NONE OF THIS IS GOING TO DETERMINE MY BOAT.

WE ONLY WANT TO URGE YOU, PLEASE, PLEASE DO THAT TYPE OF HOMEWORK BEFORE YOU'RE GOING INTO NEIGHBORHOODS, LIKE GO VALLEY AND PUTTING UP YOUR PRETTY CONDOS.

THAT'S IT.

OKAY.

ALL RIGHT.

THANK YOU.

ANY OTHER DISCUSSION OR QUESTIONS OF THE APPLICANT?

[01:00:01]

WON'T SEE ANYBODY WAVING AT ME.

HEY, UH, ONE QUESTION FOR THE APPLICANT, WOULD YOU BE WILLING TO TAKE, WOULD YOU BE WILLING TO, UH, WOULD YOU LET ME ASK YOU THIS WITH THE APPLICANT, WOULD YOU LIKE HEARING THIS DIALOGUE TO, UH, REQUEST A POSTPONEMENT? UM, THAT'S AN INTERESTING QUESTION.

IF I'M UNDERSTANDING, UH, THE BOARD'S ESSENTIAL CONSENSUS AND RECOMMENDATION HERE, IT WAS FOR WHAT WAS LABELED AS ACCUMULATION.

THAT MEANS REALLY IF THERE'S A POSSIBILITY FOR ANY TYPE OF, YOU KNOW, MULTI-FAMILY DEVELOPMENT ON THIS LOT, IT WOULD REQUIRE,