* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [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, UH, THE ACQUISITION OF THE ADJACENT LOT. UM, AM I UNDERSTANDING THAT CORRECT? I, I DON'T WANT TO CHARACTERIZE THE POSITION OF THE BOARD, BUT IT SEEMS LIKE YOU DON'T HAVE SUPPORT FOR THE VARIANTS THAT YOU'RE REQUESTING TONIGHT. AND SO MY QUESTION TO YOU IS YOU WANT TO POSTPONE TO GO BACK AND THINK ABOUT IT EITHER COME BACK WITH A DIFFERENT ARCH FROM PLAN OR, OR INVESTIGATE THE POSSIBLE PURCHASE OR INVESTIGATION SIMULATIONS, WHICH WOULD THEN MAKE YOUR VARIANCE GO AWAY. YEAH, I APPRECIATE THE OFFER. UM, I'LL DECLINE, UH, JUST FOR THE SIMPLE FACT THAT IF WE ACCUMULATE THE ADJACENT LOT, WE NO LONGER HAVE A, A SIZE ISSUE HERE, SO, OKAY. OH, ON THAT CASE, MOTION TO DENY SECOND. ALL RIGHT. SO WE HAVE A MOTION TO DENY BY RON MCDANIEL BOARD MEMBER MCDANIEL. IN A SECOND BY MELISSA HAWTHORNE. UM, SO, UH, ANY FURTHER DISCUSSION, I DON'T THINK WE NEED FINDINGS THAT WHEN WE'RE NOT WHAT WE'RE VOTING ON A DENIAL. ALL RIGHT. SO LET'S CALL THE ROLL BROOK BAILEY THAT WE LOST. BROOKE. BROOKE IS HAVING A LOT OF TECHNICAL, UH, SHE MAY BE CALLING IN, UM, SHE'S HAVING AN OUTING. WE'LL SKIP HER FOR RIGHT NOW, THEN JESSICA COHEN. OKAY. I'M THEM ON NOW? OKAY, BROOKE, YOU'RE THERE. YES. AND, UM, AGREE. YES. ON THE DENIAL. ALRIGHT. UM, YEAH, THE MOTION IS TO DENY. SO A POSITIVE VOTE IS TO DENY THE, THE, UH, UM, THE REQUEST. ALL RIGHT. JESSICA GOING? NO, NO. UH, OUT OF CAROLL. YES. UM, MELISSA AWARD. SO YES. MEANS NO. SO I WOULD SAY YES, YES. BEANS TO DENY. YEP. UH, WILLIAM WILLIAM HODGES ABSTAINING. ALL RIGHT. UH, DON LAYTON BURWELL, UH, YES. TO DENY RAUL MCDANIEL. YES. RIGHT. UH, DARRELL PRUITT. YES. VERONICA RIVERA, BUT THAT ALRIGHT. YES. MA'AM SMITH. OKAY. AND, UH, DONNIE HILTON. YES. OKAY. ALL RIGHT. SO I BELIEVE THAT THE MOTION AND I'M SORRY, I'VE BACKED TO VERONICA. YES. YES. OKAY. ALL RIGHT. THANK YOU. ALL RIGHT. SO IT WAS, UM, UM, THE MOTION PASSES TO DENY. UM, SO, UH, I'M SORRY, BUT YOU DIDN'T GET YOUR VARIANTS. ALL RIGHT. I DO APPRECIATE YOUR TIME AND THANK YOU FOR THE COMPENSATION. ALL RIGHT. THANK YOU. BYE-BYE BASICALLY, I JUST PUT IT ON AND NOW I'M ON A MOBILE HOTSPOT. SO I MAY GO BACK OUT 18 T HAS GONE. IT'S BEEN GOOD GOING IN AND OUT OF MY NEIGHBORHOOD ALL DAY. I GO OUT I'LL WORK TO GET IN AS FAST AS I CAN. ALL RIGHT. WE'LL SEND OUT A SEARCH PARTY IF WE DON'T, IF WE CAUSE YOU FOR TOO LONG, CAN I HEAR FEEDBACK FROM JESSICA ON THAT? OKAY. I KNEW THAT WAS COMING. I KNEW THAT WAS COMING. SO, YOU KNOW, NO SERIOUSLY YASMINE LIKE POINT OF ORDER, MR. CHAIR, WE'VE ALREADY TAKEN IT. OKAY. ALL RIGHT. ALL RIGHT. THEY ASKING FOR, I MEAN, I CAN HOLD IT FOR NEC YOU KNOW, NEW BUSINESS, BUT I ALWAYS ASKED YOU ALL IN ORDER FOR ME TO BE BETTER EDUCATED ON MY DIFFERENT EXPERTS ON THIS DIOCESE. SO IT HAS NOTHING TO DO WITH THE BOAT WHATSOEVER. I THINK IT'S OUT OF ORDER SINCE I'D BEEN ON THIS BOARD. OKAY. I THINK IT MAY BE AN ISSUE OF TIMING SINCE WE ALREADY TOOK THE, UM, VOTE. LEE, CAN YOU WEIGH IN ON THIS? CAN WE CONTINUE TO DISCHARGE? I THINK, UM, THE DISCUSSION IS PROBABLY MOST APPROPRIATE BEFORE THE VOTE IS TAKEN IN MOST CASES. UM, SO AFTER THE VOTE, AFTER THE ACTION HAS BEEN EXECUTED, IT'S TIME TO MOVE ON TO THE NEXT ITEM, SO THAT, OKAY. ALL RIGHT. SO, UH, SO JESSICA, NEXT TIME YOU'RE GOING TO VOTE AGAINST SOMETHING. UH, IF YOU'LL SPEAK TO IT, UH, BEFOREHAND, [01:05:01] BEFORE WE ACTUALLY TAKE THE VOTES, THEN YASMIN CAN GET HER QUESTIONS ANSWERED. I'M JUST SUGGESTING HIM. IT'S NOT A REQUIREMENT, BUT, UM, AND, AND, AND THERE'S, YOU KNOW, UH, AS, AS LONG AS YOU GUYS ARE NOT CREATING A FORUM COULD ALWAYS ASK US A QUESTION OFFLINE AMONGST YOURSELVES, BUT THAT WOULD BE IT, I THINK JUST FROM A CONCEPTUAL STANDPOINT, NOT FROM A SPECIFIC STANDPOINT ON THIS CASE, SO, ALL RIGHT. YEAH. AND THANK YOU FOR ASKING, BECAUSE IT IS ALWAYS GOOD TO HEAR WHY EVERYBODY HAS TAKEN THE POSITION THAT THEY HAVE. ALL RIGHT. MOVING ALONG. AND ACTUALLY, CAN I GET THAT IN WRITING, LEAVING WHERE IN THE CODE WERE NOT ABLE TO ASK OUR OTHER DYESS MEMBERS, OR YOU CAN JUST POINT IT TO ME. YOU DON'T HAVE TO DO THE RESEARCH. YOU CAN JUST POINT IT OUT TO ME IS WHAT WE FOLLOW. IT'S NOT A CODE ISSUE. UM, BOARD MEMBER SMITH, IT'S ROBERT'S ISSUE, AND I'M HAPPY TO DO THAT. THANK YOU. OKAY. VERY GOOD. ALL RIGHT. UH, ITEM, [D-2 C15-2020-0062 Desra Bradford for Stacey Durham 13000 Kenswick Drive] UH, D TWO, UH, THIS IS, UM, SORRY, I'M KIND OF SPREAD OUT HERE. UH, THIS IS ITEM D TO C 15 DAYS 2020 DASH ZERO ZERO SIX TWO. THIS IS, UH, DESTRA BRADFORD OR STACY DURHAM AT, UM, 13,000, UH, KEN'S WIC DRIVE. THIS IS A, UH, VARIANCE FROM THE LAND DEVELOPMENT CODE REGARDING, UH, INCREASING IMPERVIOUS COVER FROM 45 TO 46.18% TO CONSTRUCT AN IN-GROUND POOL. UH, SO IF, UH, THERE'S RAY BRADFORD IS AVAILABLE IN FOR FIVE MINUTES TO MAKE THE CASE, I AM THE AGENT FOR PROPERTY OWNERS, STACY DURHAM AT LOCATED AT 13,000 KEN'S KINGSWOOD DRIVE, WHO IS ALSO AVAILABLE TO SPEAK AS WELL. WE'RE SEEKING A VARIANCE TO EXCEED IMPERVIOUS COVER LIMITATION OF 45% BY 1.18% TO REFLECT THE TOTAL OF 46.18% AND REPRESENTS THE REQUIRED MINIMUM FOR POOL COPING BOND BEAM, AND TURNED DOWN BEING TO ENSURE THE STRUCTURAL INTEGRITY OF THE SMALL SWIMMING POOL. WE'VE REDUCED THE POOL SIZE FROM THE HOMEOWNER'S ORIGINAL DESIRE IN AN ATTEMPT TO REDUCE THE AMOUNT OF IMPERVIOUS COVER, AS WELL AS MAINTAIN THE VALUE OF THE PROPERTY WITH THE APPROPRIATELY APPROPRIATELY SIZED POOL FOR THE FAMILY STYLE HOME TO MEET THE 45% MAXIMUM, IT WOULD NOT ALLOW ANYTHING MORE THAN EIGHT FEET BY FOUR AND A HALF FEET, WHICH IS HALF THE SIZE. THE STANDARD PORTABLE SPA. THE PROPERTY IS LOCATED NEXT TO A D E WATER QUALITY EASEMENT TO THE EAST AND A VACANT GREENBELT IN THE REAR OF THE PROPERTY FOR THE ELEVATION, FROM THE FOUNDATION TO THE FENCE PROPERTY LINE, IT IS SUBSTANTIAL SLOPE OF THREE FEET, ONE INCH TO THREE FEET, FIVE AND, AND 28 FEET, AND CONTINUES TO SLOPE DRAMATICALLY TO THE DRAINAGE EASEMENT AND GREENBELT. NO ELEVATION CHANGES WITH THE CHANGES WILL BE MADE AT THE REAR OF THE PROPERTY LINES OR AT, OR HERE THE PROPERTY LINES, AND WILL HAVE NO ADVERSE EFFECTS ON ANY ADJACENT PROPERTIES. THE PROPERTY HAS EXPERIENCED SOME MINIMAL EROSION AND WAS THE INSTALLATION OF THE SWIMMING POOL WILL SLOW DOWN THE EFFECTS OF THE RAINFALL BY MINIMIZING THE RUNOFF AND INCREASE THE RANDOM RATE OF ABSORPTION BETWEEN THE DWELLING AND THE POOL. THE ONLY ADJACENT PROPERTY OWNER LOCATED AT 13,002 KEN'S WIC DRIVE SUBMITTED A LETTER STATING SHE HAS NO OBJECTIONS. WE WERE ADVISED THE HOA WILL NOT ALLOW RIBBONS TO BE CUT IN THE DRIVEWAY. THEREFORE, WE ARE RESPECTFULLY REQUESTING THE VARIANCE. LET ME GIVE YOU MY CELL PHONE. UH, WE WILL CLOSE THE PUBLIC HEARING. UM, UH, SO, UH, MELISSA, I SEE YOUR HAND UP AND RUM, AND THEN I'D LIKE, AND BROOKE, AND I'D LIKE TO SAY A FEW THINGS TO YOU, BUT WE'LL GO IN THAT ORDER, MELISSA ROM BROOKE. I HAD A QUESTION FOR THE APPLICANT IF YOU'RE PROPOSING ANY RAINWATER COLLECTION. NO. OKAY. OPEN TO, UH, SOME RAIN WATER COLLECTION. YES. YES. OKAY. OKAY. UH, YEAH. SO, UM, SO, SO LOOK, WHEN I FIRST [01:10:01] READ THIS, I WAS ACTUALLY THINKING ABOUT CHANNELING MY INNER MICHAEL VON OLIN, AND JUST IMMEDIATELY CUTTING OFF BECAUSE THE REQUEST IS DIMINIMOUS AND YOU DO HAVE SOME TOPOGRAPHY ISSUES, BUT ONE OF THE THINGS THAT CAME TO MY HEAD WAS WHY NOT JUST MAKE THE POOL A LITTLE SMALLER. UH, AND I'M CURIOUS IS THAT BECAUSE IT WAS A FIBERGLASS POOL AND YOU'RE GOING BASED ON THE FORMS AND NOT A CUSTOM POOL. THAT IS CORRECT. OKAY. AND THEN THE OTHER THING I'LL POINT OUT IS THAT, IS THAT, YOU KNOW, I'VE SEEN THE SATELLITE PHONE, UM, I'M FAMILIAR WITH HARRIS RIDGE. I BELIEVE THERE IS A NEIGHBORHOOD POOL OR A COMMUNITY POOL. IS THAT CORRECT? YES, THAT IS CORRECT. OKAY. SO, SO IT'S NONE OF MY BUSINESS WHILE YOU WANT TO PULL MORE POWER TO YOU, BUT I, I, I, I JUST NOTICED THAT, THAT THE NEIGHBORHOOD IS SERVED BY A COMMUNITY POOL AND THROUGH RELATIVELY UNCOMMON, IN FACT, LOOKING AT HARRIS BRANCH, I DON'T SEE THAT THERE'S ANY ANYONE ELSE WHO HAS INSTALLED A POOL. UM, NEVERTHELESS, THANK YOU WITH COVID. UM, A LOT OF THE COMMUNITY, UM, OR NEIGHBORHOOD POOLS WERE SHUT DOWN FOR QUITE A PERIOD OF TIME AS WELL. RIGHT. RIGHT. OKAY. UNDERSTOOD. THANK YOU. OKAY. SO I'M GONNA ACTUALLY, I'M SURE THAT CHAIR'S GOING TO HAVE THE SAME COMMENTS YOU, THE HOUSE THAT WAS BUILT THERE WAS BUILT TO THE MAX IMPERVIOUS COVER. AND SO NO OTHER IMPROVEMENTS ARE ABLE TO BE MADE, AND THIS IS A COMMON PROBLEM. AND SO PEOPLE COME TO US WHEN THEY WANT SOMETHING EXTRA, EVEN THOUGH THEY'RE ALREADY MAXED OUT ON THEIR IMPERVIOUS BECAUSE OF THE HOUSE THAT WAS BUILT. UM, WHAT I AM HAVING AN ISSUE WITH IT IS THAT THERE'S NO HARDSHIP. THIS IS ONLY A DESIRE ON THE TOPOGRAPHY IS NOT ENOUGH OF A HARDSHIP FOR A POOL IT'S BEEN THERE. AND SO I REALLY STRUGGLE WITH THIS. I KNOW IT'S A VERY SMALL ASK, BUT IT'S SOMETHING WE SEE ALL THE TIME, PEOPLE OVERBUILD ON THEIR HOUSE AND THEIR DRIVEWAY, AND THEN THEY WANT TO ADD THIS OR ADD THAT. AND YOU CAN'T, YOU JUST CAN'T, UM, BECAUSE YOU'VE ALREADY OVERBUILT AND YOU'RE AT THE MAX THAT YOU CAN HAVE. AND SO I AM STILL WAITING TO HEAR A HARDSHIP. ALL I'VE HEARD IS THIS IS WHAT THEY WANT. THEY'VE GOT A FIBERGLASS POOL. THEY'RE DOING THE MINIMUM THAT THEY CAN, WHICH IS NICE. I MEAN, THEY REALLY ARE DOING THE MINIMUM, BUT PLEASE EXPLAIN WHAT YOUR HARDSHIP IS. AND TO ME, BECAUSE I, I'M NOT SEEING IT. AND I'D APPRECIATE THAT. THANK YOU. WELL, THE, I THINK ONE OF THE BIGGER ISSUES IS, UH, STACY PURCHASED THE HOUSE IN 2012 AND, YOU KNOW, NOTHING WAS, UM, UH, DISCLOSED REGARDING IMPERVIOUS COVER AND THAT IT WAS NEVER A POSSIBILITY TO ADD ANY IMPROVEMENT TO THE PROPERTY OF POOL OR ANYTHING. AND SO, UH, YOU KNOW, HAD SHE KNOWN THAT SHE COULD HAVE MADE A DIFFERENT DECISION AND WENT A DIFFERENT ROUTE ON, ON PURCHASING A HOME. AND SO SHE STAYS IN THE HOME, UH, INCREASES YOUR EQUITY AND THEN FINDS OUT SHE CAN'T DO WHAT SHE WANTS TO DO. OKAY. THANK YOU. UM, BROOKE, DID YOU HAVE ANYTHING ELSE TO ADD? YEAH, SO I I'D LIKE TO, TO GO, UM, THESE CASES, UH, I, I, IN FACT, I'M HAVING A DISCUSSION WITH HIGHER UPS AT THE CITY, UM, TOMORROW, UM, BECAUSE THIS, UH, I AGREE WITH BROOKE THAT THERE IS NO HARDSHIP HERE. UH, THE HARDSHIP OR THE, THE HEARTACHE IS BETWEEN UNSCRUPULOUS DEVELOPERS AND THE UNKNOWING PUBLIC WHO BUY WHAT THEY'RE, UM, PUTTING OUT. UH, AND AS THE PREVIOUS CHAIR OF THE BOARD SAID, UH, YOU DON'T GET TO 44.9% IMPERVIOUS COVER BY ACCIDENT. WHAT IS HAPPENING IN THESE CASES IS THAT THE BUILDERS ARE MAXIMIZING THEIR PROFITABILITY, WHICH THEY'RE ENTITLED TO DO BY USING EVERY SQUARE FOOT OF COVER THAT THEY CAN. AND, UH, AND THEN THEY'RE SADDLING THE, UH, HOMEOWNERS WITH THE, UH, INABILITY TO EVEN PUT A PAVER DAY. UM, AND, UH, IT, IT, I, I CAN'T TELL YOU HOW MANY, UH, NEW BUILDS IN MY NEIGHBORHOOD AND IN NEIGHBORHOODS ALL OVER TOWN ARE DOING THIS SAME THING WHERE, WHERE, UM, YOU KNOW, I'M SORRY, THAT'S WHAT YOU BOUGHT, YOU KNOW, THE DEVELOPER MAXIMIZE THE IMPERVIOUS COVER. AND, UH, IT'S NOT FOR US TO, UM, SANCTION, YOU KNOW, POTENTIAL FLOODING OR OTHER THINGS, EVEN IN DIMINIMOUS CASES. SO I AM NOT INCLINED TO SUPPORT THIS AT ALL BECAUSE ONE THERE'S NO HARDSHIP AND TWO , UH, WILLIAM, I SEE YOUR HAND UP. AND THEN A LOT OF THEM. [01:15:05] YEAH. THE, I HAVE A, I HAVE A QUESTION FOR THE APP AND ACTUALLY, UM, DO YOU KNOW WHEN THIS HOUSE WAS BUILT AND IF YOU SAID SO, AND I MISSED IT, PLEASE JUST REMIND ME WHEN THE HOUSE WAS BUILT. THE HOUSE WAS BUILT IN 2008, 2008. UM, DEPENDING ON IT'S SOMEWHAT TO, UH, CHAIRMAN LAYTON BURWELL'S POINT AND JUST IN GENERAL, UM, I DON'T SEE A, I DON'T SEE A HARDSHIP EITHER. UM, HAVING A POOL IS A PRIVILEGE AND IN AN AREA WHERE THERE'S A COMMUNITY POOL, WHETHER OR NOT IT'S CLOSED, I LIVE IN A COMMUNITY WITH A POOL THAT WAS CLOSED FOR A WHILE. AND NOW IT'S OPEN, UM, CONTRARY TO POPULAR BELIEF THOUGH. UM, HAVING BEEN, AND A CHAIR, CHAIR, GERMAN LIGHTEN BURWELL, AND I HAVE DISCUSSED THIS BEFORE, HAVING BEEN ONE OF THOSE ARCHITECTS WHO, UH, DOES GO AS CLOSE TO THE MAXIMUM AS POSSIBLE. ALTHOUGH I DO TEND TO LEAVE SOME, SOME, SOME GRAY AREA. UM, IT IS POSSIBLE TO DEDUCE WHAT IT IS POSSIBLE TO DEDUCE WHAT THE IMPERVIOUS COVER IS. NOT A LOT WITH THE SURVEY. UM, I WANTED TO RETURN THOUGH, TO, TO A COMMENT THAT, AND I WANT, AGAIN, I WANT TO MAKE SURE THAT I HEARD THIS CORRECTLY. DID YOU SAY THAT YOUR, YOUR CLIENT IS NOT WILLING TO CUT RIBBONS INTO THEIR DRIVEWAY OR THEY WILL NOT ALLOW IT? THE HOA WILL NOT ALLOW IT? NO, BECAUSE YOU KNOW THAT AGAIN, THAT MAY BE, MAY HAVE BEEN A, UM, A WAY TO SOLVE IT. YOU KNOW, UNFORTUNATELY I, UNLIKE, YOU KNOW, I LIKE MANY OTHER PEOPLE HERE CAN'T, YOU DON'T SEE A HARDSHIP, BUT, UM, BUT YEAH, SO I JUST WANT TO CLARIFY THAT, ESPECIALLY FOR HOLLAND'S BILL SPECIFICALLY AFTER, YOU KNOW, IN THE LAST DECADE, UM, UM, ALMOST ALL HOUSE PLANS ARE AVAILABLE ONLINE. AND SO NOT KNOWING THAT SOMETHING IS X IMPERVIOUS COVER IS ESPECIALLY FOR MORE RECENT CONS IS NOT AN EXCUSE, THAT'S IT? YEAH, GO AHEAD. AND BASICALLY ALONG THOSE SAME LINES, UH, I'VE BEEN ON THE OTHER SIDE OF THIS, WHERE I'VE STARTED WORKING ON PROJECTS THAT NEED ADDITIONS OR THINGS LIKE THAT, AND THEY'RE ALREADY MAXED OUT AND THERE ARE ALWAYS WAYS OF REDUCING THE EXISTING PREVIOUS COVERAGE, BUT IT TAKES NEGOTIATION AND IT TAKES, UM, HAVING TO, UM, MAYBE MAKE COMPROMISES ON WHAT YOU ALREADY HAVE. SO IF YOU WANT TO PULL, IT'S ONLY 98 SQUARE FEET, YOU MIGHT BE ABLE TO, UM, MAKE IT WORK. YOU KNOW, YOU HAVE A PATH THAT GOES FROM THE DRIVEWAY TO THE HOUSE IS VERY SMALL, BUT MAYBE THAT COULD BE BROKEN UP OR IT COULD BE GRAVEL, OR YOU CAN MODIFY TO YOUR EXISTING COVERED PATIO, OR YOU CAN TALK TO YOUR HOA. BUT, UM, I AGREE WITH EVERYTHING THAT'S BEEN SAID. I DON'T THINK THERE'S A HARDSHIP HERE TO ADD A POOL JUST BECAUSE YOU'RE ALREADY MAXED OUT THIS COVERED MELISSA. SO THE VARIANCE REQUESTS, THIS IS JUST MY LOGIC GUY AND LOOKING DOWN AT THE PLAN. THERE'S NOT A LOT TO REMOVE. IF THE HOMEOWNER IT'S A HOMEOWNERS ASSOCIATION WILL NOT ALLOW THEM TO RIBBON THEIR DRIVEWAY. AND IF THEY WERE GOING TO DO SOME RAINWATER COLLECTION, IT, IT IS ACTUALLY PUTTING AN IMPEDIMENT ON THE WAY TO THE DRAINAGE EASEMENT. AND SO IT WOULD ACTUALLY SLOW THE WATER DOWN. AND IF THERE WERE SOME RAIN WATER HARVESTING, IT, IT COULD BE A WASH. I FEEL IT'S NOT A PERFECT CASE. NO. I MEAN, THAT'S THAT, I DON'T THINK WE'RE EVER GOING TO GET A PERFECT CASE, BUT IT'S NOT LIKE YOU LOOK AT THE SURVEY AND THERE IS A TON OF THINGS TO REMOVE WHERE THEY HAVE A LOT OF EXCESS OF ANYTHING. IT'S PRETTY MUCH THE HOUSE. AND PRIOR TO IN 82, 83, UH, THE CODE CHANGE TO 45% BEFORE THAT IT WAS 55%. AND IF IT WERE AN OLDER HOME, I WOULD BE, UH, PRETTY INCLINED, BUT BECAUSE IT IS A DRAINAGE EASEMENT, BECAUSE IT IS AN IMPEDIMENT, I'D BE A LITTLE MORE OPEN IF IT HAD A RAINWATER COLLECTION. THAT DOESN'T MEAN THAT EVERYBODY ELSE WILL. AND SO I WOULD LIKE TO MAKE A MOTION FOR POSTPONEMENT FOR THEM TO BE ABLE TO EXPLORE THAT OPTION. OH, IS THAT A SECOND BY YOU JESSICA? OH, IT WAS A SECOND BY ME. ALL RIGHT. ALL RIGHT. UH, SO THE MOTION [01:20:01] TO POSTPONE AND SECOND BY WRONG, UH, JESSICA GO HERE. I WANT JUST SAY EXACTLY THAT AND NO BOARD MEMBER HAWTHORNE BEAT ME TO IT. UH, NOT INCLINED TO BE IN FAVOR OF THIS AT ALL, UNLESS THERE'S SOMETHING, UM, TO HELP MITIGATE THE, UH, RAINWATER RUNOFF. SO RAINWATER COLLECTION WOULD BE GREAT, AND I WOULD BE MORE INCLINED TO SUPPORT THIS IF, IF THAT WAS INCLUDED. OKAY. VERY GOOD. THANK YOU. AND BROOKE, YOU HAD YOUR HAND UP AND DARYL. YES. I JUST HAVE TO SAY, EVEN WITH THE RAIN WATER COLLECTION, I DON'T SEE A HARDSHIP AND WE'RE TELLING THEM HOW THEY NEED TO DESIGN THEIR PROJECT, WHICH ALSO SOMETIMES THEY, WE DO THAT TOO MUCH. WE DESIGNED FROM THE DIET AND UNDERSTAND WHAT MELISSA IS SAYING OR POPPING IN TO SAY. AND IF THERE WERE SOME OTHER ISSUES ON THE PROPERTY, I MIGHT BE INCLINED, BUT I DON'T BELIEVE IN SUPPORTIVE POSTPONEMENT. OKAY. DARYL, DID YOU HAVE YOUR HAND UP? YES. I HAD A QUESTION FOR THE APPLICANT. UM, YOU SAID THAT THERE'S AN ISSUE WITH THE SLOPE IN THE BACKYARD CAN, BUT I DON'T SEE ANY SORT OF, UM, TOP OF PRACTICAL INFORMATION FOR THE BACKYARD IN ANY OF THE INFORMATION YOU'VE SUBMITTED. CAN YOU POINT ME TO ANY OF THAT? I DID THE DRAWING AND PUT THE ELEVATIONS AND THE DRAINAGE ON A SHEET. I'M NOT SURE I CAN'T SEE IT WHERE YOU'RE AT THE, UM, UH, IT, I GOT ALL THE ELEVATIONS AND EVERYTHING FROM GIS AND MARKED THE SPOTS ON, ON THE PLAN. WELL, I'M TRYING TO LOOK THROUGH HERE AND I DON'T, I JUST DON'T SEE IT. UM, PAGE 28. UH, I SEE ONE CONTOUR THAT GOES THROUGH THE POOL. YEAH, IT DOESN'T LOOK, IT DOESN'T LOOK VERY STEEP, UH, FROM WHAT I CAN TELL IT, ASSUMING THAT THEY'RE ONE FOOT CONTOURS. UM, I HAVE ONE QUESTION THAT THE APPLICANTS ON, UH, THE, UH, NOT THE PRESENTATION, BUT THE PACKAGE, UH, UH, D TWO, UH, SHEET A 32, IT LOOKS LIKE THERE WAS A SIZEABLE TREE IN THIS BACKYARD. AND YET I DON'T SEE IT IN THE OVERHEAD, UH, FOGO IN THE, UH, PRESENTATION. IS THERE A TREE THERE OR WAS THERE A TREE THERE? UH, THERE WAS A TREE, IT WAS A HUB VERY, THAT WAS STRUCK BY LIGHTNING. SO I HAD TO REMOVE IT. YES. IT WAS STRUCK BY LIGHTNING SPLIT IN HALF, AND I HAD TO REMOVE THE TREE. OKAY. OKAY. ALL RIGHT. VERY GOOD. THANK YOU. UH, ANYONE ELSE OUT OF THE QUESTION OR, UH, OTHER POINTS? NOPE. NONE. OKAY. SO WE HAVE A MOTION TO POSTPONE AND THIS IS THE POSTPONE, UH, MELISSA, UH, UH, OUR, UH, WOULD BE UNTIL NEXT MONTH. IS THAT CORRECT? YES, SIR. OKAY. PLEASE FILL IT UNTIL OUR DECEMBER MEETING. UM, UH, ANY OTHER FURTHER DISCUSSION BEFORE WE MOVE TO VOTE? OKAY. LET'S GO AHEAD AND VOTE. UH, BROOKE BAILEY, JESSICA COHEN OUT OF CHORALE. NO. MELISSA HAWTHORNE. YES. UH, WILLIAM HODGE. NO DON LEIGHTON BURWELL. NO. UH, WELL MCDANIEL, YES. DARRELL THROUGH YES. VERONICA RIVERA. NO JASMINE SMITH. NO. ALRIGHT. AND DONNY HAMILTON? NO. NO. ALL RIGHT. SO, UM, THE MOTION TO HAVE A POSTPONEMENT TILL NEXT MONTH FAILS, IS THERE ANOTHER MOTION I'LL MAKE A MOTION TO DENY THAT WAS MELISSA. AND SECOND WAS WHERE ARE YOU MUCH? ALL RIGHT. THANK YOU. ALL RIGHT. THIS IS A MOTION TO DENY. UM, ANY OTHER DISCUSSION ON THAT? UM, YASMIN, DO YOU HAVE ANY QUESTIONS BEFORE WE GET INTO THE VOTING GUYS? OH, WAIT. JESSICA HAS GOT HER HAND UP. SO WE MAY, WE MAY WANT, WANNA, WAIT, GO AHEAD, JESSICA. I KNOW THIS IS PROBABLY LIKE A WEIRD QUESTION, BUT COULD WE CONSIDER THE PANDEMIC OR HARDSHIP OR DOES IT HAVE TO BE SPECIFIC TO THE LAND DEVELOPMENT CODE? BECAUSE THIS IS, YOU KNOW, ONCE IN A CENTURY UNIQUE SITUATION [01:25:01] THAT MAYBE I MIGHT BE HERE, HARDSHIP IS SPECIFIC. YEAH. I THINK THE HARDSHIP IS SPECIFIC TO THE, THIS PROPERTY, NOT TO THE WORLD IN GENERAL. WE'RE NOT GOING TO ALWAYS BE HIPPY-DIPPY MAN. YEAH, YEAH, YEAH. UM, YEAH, JUST LIKE WE CAN'T CONSIDER, UH, FINANCIAL, UH, ISSUES, YOU KNOW, I WASN'T ABLE TO MAKE RENT THIS MONTH OR WHATEVER DARYL I SEE YOUR HAND UP. YEAH. UH, YOU KNOW, I WOULD POINT OUT THAT THE APPLICATION SAYS THAT THEY PURCHASED THE HOUSE WITH THE INTENTION OF PUTTING A POOL IN. AND, UH, THE, WHAT WE'VE HEARD IS THAT, YOU KNOW, UH, THEY HAVEN'T MENTALLY IN THE LAST SIX OR EIGHT YEARS, HAVEN'T EVEN LOOKED TO SEE WHAT THAT WOULD REQUIRE AND DIDN'T LOOK TO SEE WHEN THEY WERE BUYING THIS HOUSE WITH THE EXPRESS INTENT OF PUTTING THE POOL IN, UH, THAT THEY LOOKED TO SEE IF THEY WERE ABLE TO DO THAT WITHIN THE, WITHIN THE EXISTING REGULATIONS. SO I DON'T KNOW THAT THE PANDEMIC REALLY HAS MUCH TO DO WITH ANY OF THAT. OKAY. OKAY. ALL RIGHT. THANK YOU TO MAKE A COMMENT TO THAT. NO, WE'VE CLOSED THE PUBLIC HEARING. SO UNLESS THERE'S A QUESTION, UM, THE ANSWER WOULD BE NO. UM, IN ONE THING AGAIN, UH, I AM SYMPATHETIC TO THE, UH, HOMEOWNERS IN THESE SITUATIONS BECAUSE I THINK SOMETIMES THEY UNKNOWINGLY DO STUFF. I THINK OTHER TIMES THEY JUST DON'T, YOU KNOW, NO, UH, UH, BETTER WHATEVER, BUT, UH, THAT SAID, WHAT I WANT TO SEE HAPPEN IS A LEGAL REQUIREMENT THAT THE DEVELOPERS, WHEN THEY'VE DEVELOPED SOMETHING THAT THEY SEND SOMETHING TO, YOU KNOW, AS PART OF THE PURCHASE AGREEMENT SAYING, BY THE WAY, YOU CANNOT DO ANY IMPROVEMENTS TO THIS PROPERTY, I WOULD REALLY WOULD LIKE TO SEE A LAW THAT PUTS IT BACK ON THE PEOPLE WHO ARE, WHO ARE, UH, MAXIMIZING THE IMPROVE DISCOVERED MELISSA, AND THEN JESSICA. OKAY. SO, UH, MY, MY DEAR BOARD MEMBER, MICHAEL VINYL LYNN IS NOT HERE WITH THE VOTE ON THE POSTPONEMENT. I TRIED TO MAKE IT EASY AND, AND JUST GO WITH WHAT WAS APPARENTLY THE WILL OF THE BOARD. AND I PUT IT IN MOTION OUT THERE TO DENY. I WOULD LIKE TO CALL THE QUESTION. OKAY. ALL RIGHT. UH, JESSICA, CAN WE MOVE FORWARD? ALL RIGHT. THANK YOU. GRIP BAILEY. THIS IS TO DENY. SO A YES. WOULD BE TWO. YES, YES. UH, JESSICA. YES. AWDA YES. UH, MELISSA. YES. RIGHT. WILLIAM HODGE? YES. ALL RIGHT. DON LEIGHTON BURWELL. YES. WELL MCDANIEL. YES. ALL RIGHT. UH, DARRYL PRUITT. YES. VERONICA RIVERA. YES. ALL RIGHT. YASMIN SMITH. YES. ALL RIGHT. THANK YOU. AND DONNIE HAMILTON. YES. ALL RIGHT. SO, UH, I'M SORRY, BUT YOUR REQUEST FOR VARIANCES DENIED, UH, YOU CAN, UM, AND I SHOULD HAVE SAID THIS TO THE, UH, APPLICANT ON ITEM D ONE. YOU CAN ASK FOR A RECONSIDERATION, UH, BUT YOU HAVE TO DO IT WITHIN THE NEXT 10 DAYS. AND IF YOU WANT TO DO THAT, YOU NEED TO GET WITH ELAINE, UH, OUR PLAYERS. ALL RIGHT. MOVING FORWARD, MR. CHAIR. YES. REAL QUICK. CAN WE GET ELAINE TO ADD THIS TO OUR LIST OF THINGS THAT WE NEED TO TALK TO COUNCIL ABOUT THAT COME UP REGULARLY? THAT NEED TO BE ADDRESSED? WE'LL ADD IT TO OUR LIST. SORRY. I MEAN, SPECIFICALLY DEVELOPERS, LIKE DEVELOPING TO THE POINT WHERE YOU CAN'T EVEN ADD LIKE A CHILD'S PLAYGROUND OR SHED OR CORRECT. THAT'S CORRECT. AND THAT'S, WHAT'S HAPPENING ALL OVER AGAIN. OKAY. UM, I THINK THE CONCERN IS TOO ABOUT FLOODING. I MEAN, A LOT OF TIMES EXACTLY. AND THE OLDER NEIGHBORHOODS ANYWAY, JUST TRYING TO MAKE THAT EASIER FOLKS. YEAH. AND THANK YOU FOR YOUR EFFORTS THERE, MELISSA. ALL RIGHT. UH, ITEM D UH, SO [D-3 C15-2020-0065 Joel Nolan for Sarah Haynie 3708 Robinson Avenue] THIS IS ITEM D THREE, IT'S A C 15 DASH 2020 DASH ZERO ZERO SIX FIVE. JOEL NOLAN FOR, UM, SHIRA, UH, HANEY. UH, AND THIS IS AT 3,708 ROBINSON AVENUE. AND THIS IS A REQUEST, UH, FOR VARIOUS FROM LAND DEVELOPMENT CODE. HI, MY NAME IS JOEL NOLAN. I'M UH, REPRESENTING HOMEOWNERS. I'M AN ARCHITECT HERE IN AUSTIN, [01:30:01] TEXAS. UM, I'D LIKE TO START ON SLIDE NUMBER SEVEN, IF THAT'S POSSIBLE. UH, AND YES, WE ARE REQUESTING A VARIANCE OR THE LAND DEVELOPMENT CODE FOR TWO FAMILY RESIDENTIAL USE. UH, THE MAIN ISSUE IS THE, UH, REQUIREMENT TO LOCATE AN ACCESSORY DWELLING UNIT 10 FEET OR MORE AWAY FROM THEIR PRINCIPAL STRUCTURE AND FOR IT TO BE BUILT ABOVE A DETACHED GARAGE. UM, THE, JUST A BRIEF OVERVIEW OF THE LOT IS, UH, 6,471 SQUARE FEET. UH, THE EXISTING IMPERVIOUS COVER IS 42%. AND IF WE'RE APPROVED AND GO THROUGH WITH THIS PROJECT, WE HAVE A PROPOSAL TO BRING DOWN THE IMPERVIOUS COVER BY 2%. OKAY, LET ME, LET ME STOP YOU RIGHT THERE. WE WE'VE GOT THE WRONG PROJECT OF THIS IS FOR THE THREE. I DON'T SEE MR. CHAIR. THE PRESENTATION WAS NOT IN THE PACKET, UH, IN THE ELECTRONIC PACKET. I DON'T KNOW IT WAS IF IT WAS IN THE PRINTED PACKET, UM, EITHER, BUT IF WE, IF WE DON'T HAVE IT, I THINK THE APPLICANT WOULD BE AT A DISADVANTAGE IF IT'S NOT AVAILABLE, I WOULD AGREE IT IS ON THE LINK, NOT ON THE LINK FROM THE AGENDA, BUT IT'S LISTED UNDER THE, IN THE WEBSITE. YES, IT IS. IT IS IN OUR BACK BACKUP PACKAGE. YEAH. SO WAS THIS, UH, TO THE APPLICANT, WAS THIS SUBMITTED PRIOR TO THE MEETING? I DON'T THINK HE DID ABOUT THAT. I ACTUALLY KNOW THEY DID NOT MEET THE DEADLINE. THEY NEVER SUBMITTED A PRESENTATION FOR, BY THE DEADLINE I SENT. I SENT OUT MULTIPLE EMAILS, UM, TO EVERYONE TO PRESENT, TO SUBMIT THEIR PRESENTATIONS. AND THEY WERE THE ONLY, YEAH. ALL RIGHT. THANK YOU FOR CLARIFYING THAT. SO WE DO HAVE AN ONLINE LINK ITEM D THREE, UH, HERE THAT WE CAN LOOK AT IF THE APPLICANT WANTS US TO DO THAT. IT'S THE PACKET THOUGH? NOT THE PRESENTATION, CORRECT. THAT'S ALL THEY HAVE BECAUSE THEY DIDN'T. OKAY. I JUST WANTED TO CLARIFY THAT BIT. IT'S NOT A PRESENTATION. IT'S, IT'S THEIR ADVANCED PACKAGE. IT'S THEIR PACKET. YES. SO IS THAT TO THE APPLICANT? IS THAT WHAT YOU WOULD LIKE US TO USE? YES, PLEASE. AND THAT'S, UH, ON THE PACKET IT'S PAGE NUMBER SEVEN. SO JUST THAT AFTER THE END OF THE APPLICATION, UH, IS THE BEGINNING OF OUR, THE INFORMATION CONCERNING OUR PROJECT REQUESTS. OKAY. UM, NONE OF MY LINKS ARE WORKING. I DON'T KNOW IF THIS IS HAPPENING TO ANYBODY ELSE. YEAH. I JUST LOST MINE TOO. ME TOO. IT, IT, IT, I KEPT GOING AND EVENTUALLY CAME UP. RIGHT. IT'S I GET TO SIT THERE BUFFERING, BUT THEY DO COME UP, I WENT AND LOOKED AT THE AGENDA AND JUST KIND OF IGNORED IT FOR A MINUTE AND CAME BACK AND IT WAS THERE. YEAH. I'M ABLE TO SEE EVERYTHING, SO. ALL RIGHT. ALL RIGHT. UM, WELL, LET'S GO AHEAD AND MOVE FORWARD THEN WITH THE PRESENTATION. UM, OR WE CAN, UH, WE CAN TABLE THIS AND COME BACK. WHAT'S THE, UM, I'D PREFER TO MOVE FORWARD IF POSSIBLE. AND, AND I CAN JUST TRY TO DESCRIBE THE SITUATION AS BEST AS POSSIBLE, AND IF YOU ALL ARE ABLE TO SEE IT, EVENTUALLY WE CAN KIND OF COME BACK AROUND TO IT. ALL RIGHT. VERY GOOD. LET'S GO AHEAD AND START THE CLOCK THEN AGAIN, I APOLOGIZE FOR INTERRUPTING, BUT WHAT WE WERE LOOKING AT WAS NOT YOUR PROJECT, SO, OKAY. THANK YOU. I APPRECIATE THAT. UM, SO JUST TO GO BACK, UM, SO WE'RE BASICALLY REQUESTING A VARIANCE FROM THE CO THE PORTION OF THE CODE THAT REQUIRES AN ACCESSORY DWELLING UNIT TO BE BUILT, UH, 10 FEET OR MORE AWAY FROM THE PRINCIPAL STRUCTURED AND FOR IT TO BE A BUILT ABOVE A DETACHED GARAGE. UM, AND JUST AS A, AGAIN, AS AN OVERVIEW OF THE LOT, WE'RE SITTING AT 6,471 SQUARE FEET. UM, AND WITH THE ACCESSORY DWELLING UNIT MAXIMUMS BEING EITHER 1100 SQUARE FEET OR 0.15 FAR, THE MAXIMUM THAT WE WOULD BE ABLE TO HIT IS 970 SQUARE FEET. BUT OUR PROPOSED ACCESSORY DWELLING UNIT IS ACTUALLY RIGHT AROUND 800 SQUARE FEET. UM, SO IN, AND THIS MAY BE WHERE THERE'S A LITTLE BIT OF AN ISSUE IS AS THE PAGE, UH, NUMBER EIGHT HAS THE SITE PLAN SHOWING THE EXISTING [01:35:01] DETACHED GARAGE. UH, AND WE'RE BASICALLY PROPOSING TO KEEP THAT FRONT CORNER OF THE DETACHED GARAGE, WHERE IT IS, AND REMODEL THAT INTO AN ACCESSORY DWELLING UNIT. BUT THAT CORNER WOULD BE CLOSER THAN THE REQUIRED 10 FEET OFFSET. UM, THE HARDSHIP IN THIS CASE IS THAT WE, WE ALSO HAVE A PROTECTED TREE IN THE BACKYARD, PREVENTING US FROM ESSENTIALLY PLACING THE ACCESSORY DWELLING UNIT TO THE MIDDLE REAR PORTION OF THE BACKYARD. UH, SO WE'RE TRYING TO STAY AWAY FROM THE HALF AND QUARTER CRITICAL ROOT ZONE OF THE TREE. ALSO WITHIN THE FIVE FOOT SIDE YARD SETBACK, 10 FOOT REAR YARD SETBACK, UH, AND, AND STILL GET AN ACCESSORY DWELLING UNIT THAT IS, UM, YOU KNOW, OF A SIZE THAT WOULD BE HABITABLE BY, UM, AN AGING PARENT. UM, PAGE NUMBER NINE SHOWS OUR PROPOSED LAYOUT, WHICH AGAIN, KEEPS THAT FRONT CORNER OF THE DETACHED GARAGE AT SIX FOOT SEVEN AND FIVE EIGHTHS INCH AWAY FROM THE PRINCIPLE STRUCTURE. SO WHAT WE'RE DEALING WITH HERE IS ESSENTIALLY THE INTERIOR SPACE OF THIS FRONT PORTION OF THIS, UH, ACCESSORY DWELLING UNIT. IF WE WERE TO OFFSET 10 FEET AWAY FROM THE PRINCIPLE STRUCTURE FROM THE OUTSIDE, THE OUTSIDE DIMENSION, WE'D BE LEFT WITH EIGHT FOOT EIGHT AND THREE QUARTERS AND, YOU KNOW, SUBTRACT THE, UM, WALL ASSEMBLY. SO WE'D BE LEFT WITH A PRETTY SMALL, UM, ROOM SIZE UPFRONT, IF WE'RE ABLE TO KEEP THE FRONT CORNER OF THE BUILDING, WHERE IT IS, YOU KNOW, WE'RE LOOKING AT MORE OF A NORMAL SIZE ROOM DIMENSION. UM, IF WE'RE, YOU KNOW, OBVIOUSLY IF WE'RE ABLE TO BUILD THAT. SO, YOU KNOW, WITH THE GOAL BEING THAT THAT FRONT ROOM COULD SERVE AS THE SORT OF THE LIVING ROOM OR KITCHEN AREA, UM, FOR THOSE OF YOU ABLE TO SEE THE PACKET, THE SHADED PORTION, THAT KIND OF WRAPS AROUND THE HOUSE, THAT'S THE 10 FOOT OFFSET LINE. SO, UM, ONCE WE GET TO THE BACK PORTION, WE'RE GONNA MAINTAIN THAT TENSE, BUT OFFSET WHEREVER WE'RE BUILDING A NEW PORTION OF THE ACCESSORY DWELLING UNIT, IT'S REALLY JUST THE FRONT CORNER THAT WE'RE ASKING TO MAINTAIN, UH, AS AN EXISTING, UM, POINT OF REFERENCE. UM, PAGE 10, THERE'S A COUPLE OF IMAGES SHOWING THE 18 INCH PER COUNTRY THAT'S PROTECTED IN THE BACKYARD IN RELATIONSHIP TO THE EXISTING PRINCIPLES STRUCTURE AND THE, UM, TRENT DETACHED GARAGE PAGE 11 IS, IS REALLY JUST A LITTLE BIT OF A SITE LOCATING THE SITE WITHIN THE CONTEXT OF THE CITY. SO, UH, THE REAR NEIGHBORS ARE COMMERCIALLY ZONED, LOTS THAT FRONT , YOU CAN ACTUALLY SEE THE, UM, UPPER DECK OF FROM THE FRONT OF THEIR HOUSE, FROM THE STREET. UM, SO WE'RE HOPING THAT IF WE DO, YOU KNOW, ARE ALLOWED TO BUILD KIND OF IN THE FURTHER, IN THE BACK PART OF THE LOT, WE'LL ESSENTIALLY BE BLOCKING AND NOT IMPOSING ON ANY OTHER RESIDENTS FOR THE UNITS. UH, AND THEN THE LAST DIAGRAM, PAGE 11 IS SHOWING THE CONTEXT OF THE EXISTING NEIGHBORING HOUSE TO THE SOUTH, UH, THE EXISTING STORAGE BUILDING THAT WERE CONVERTED INTO AN ACCESSORY DWELLING UNIT, AND THEN THE LOCATION OF THIS LOT IN RELATIONSHIP TO THE COMMERCIAL ZONE LOSS AND 35. OKAY. VERY GOOD. THANK YOU. I, I THINK I HEARD A BEEP IN THE BACKGROUND THERE, SO, UM, LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING ON THAT. ARE THERE, UM, ANY QUESTIONS OF THE APPLICANT? YEAH. UH, WILLIAM, SO, UM, AND MR. NOAH, UM, I WANTED TO TASK A QUESTION FIRST ABOUT IMPERVIOUS COVER. UM, AND I KNOW YOU MENTIONED IT, BUT PLEASE, UH, KIND OF RESTATE WHAT IS THE CURRENT IMPERVIOUS COVER, AND THEN WHAT'S THE PROPOSED IMPERVIOUS COVER? SO THE EXISTING, UH, CURRENT IS 42% AND AS A PART OF THIS PROJECT, WHICH ISN'T PART OF OUR REQUEST, BUT JUST AS A, AS AN ASIDE, IS THAT WE WERE ACTUALLY GOING TO REMOVE A SIGNIFICANT PORTION OF THEIR DRIVEWAY, UM, 270 SQUARE FEET. AND SO AFTER WE BUILD THIS NEW ACCESSORY DWELLING UNIT, [01:40:01] IF WE'RE ALLOWED TO DO SO, AND ALSO REMOVE A PORTION OF THE EXISTING DRIVEWAY, OUR NEW IMPERVIOUS COVER WILL BE 40% CAUSE THERE WAS SOME PRODUCTION OF 2%. CAUSE ONE OF THE THINGS THAT I SEE FROM FROM THE SITE PLAN IS, IS, AND I THINK IF, IF, WELL, LET ME, LET ME ALSO ASK THIS. SO THE EXISTING DETACHED GARAGE ARE, ARE YOU RETAINING 51% OF THE EXTERIOR WALLS OF THIS? OR ARE YOU TEARING IT DOWN AND BUILDING, BASICALLY BUILDING EVERYTHING BACK UP, WE WOULD RETAIN THE, THE STREET FACING WALL AND A PORTION OF THE NORTH FACING WALL. SO THE WALL THAT FACES TOWARDS THE, UH, INTERIOR YARD AND WE WOULD RETAIN A PORTION, BASICALLY A PORTION OF THE SOUTH FACING WALL, THE, THE WALL FACING THE NEIGHBORING LOT. SO IN THE EYES OF THE CITY WHERE, WHERE, UH, A TOTAL DEMOLITION IS WHEN YOU TEAR DOWN MORE THAN 50%, UH, OF AN EXISTING BUILDING. SO YOU'RE GOING TO BE UNDER THAT THRESHOLD. SO TECHNICALLY WHAT THIS IS IS THAT THIS IS A REMODEL ADDITION OF A GARAGE AND A CHANGE OF USE TO A SECONDARY OR A TECHNICALLY IT'D BE IN THIS NEIGHBORHOOD, THE SECONDARY APARTMENT. IS THAT CORRECT? YES. CORRECT. OKAY. BECAUSE THAT, AND THE REASON I WAS ASKING THOSE QUESTIONS IS BECAUSE, UH, THAT HAS, UH, UH, A BEARING UPON WHETHER OR NOT YOU NEED TO HAVE VISITABLE ROUTES IN YOUR DRIVEWAY, AND THAT HAS A BEARING UPON THE IMPERVIOUS COVER, BUT YOU WOULD NOT BE REQUIRED TO HAVE A DESPICABLE ROUTE TO THAT BUILDING. SO, UM, THAT ANSWERS MY QUESTION. THANK YOU. THANK YOU. SO, YEAH, SORRY. SO I CAN ASK THAT FOR SOMEBODY ELSE, SOMETHING ELSE. OKAY. I HAVE A, I JUST HAVE A QUESTION. I DON'T HAVE A HUGE ISSUE WITH THIS, BUT I DO HAVE A COUPLE OF QUESTIONS. SO WE DON'T HAVE ANY ELEVATIONS OF WHAT YOU'RE INTENDING, TRYING TO UNDERSTAND. WILL IT IMPACT THE CROWN OF THAT TREE THAT YOU'RE TRYING TO SAY ARE THE ROOT ZONE BY BEING TWO STORIES? ARE YOU GOING TO HAVE TO DO ANY MAJOR TRIMMING ON ANY OF THESE HERITAGE TREES? BECAUSE YOU'RE GOING TO STORES, I DON'T KNOW HOW TALL YOU'RE GOING. I DON'T SEE ANY ELEVATIONS. I'M KIND OF UNSURE. AND MY SECOND ISSUE IS, IS THERE GOING TO BE FIRE CODE ISSUES BY BEING SO CLOSE TO THE HOUSE? SO TO ANSWER THE FIRST QUESTION, I MEAN, THE, THE PLAN WOULD BE TO STAY UNDER ANY CANOPY, LUCKILY THAT, UM, YOU CAN KIND OF, IF YOU'RE ABLE TO SEE THE PACKET, THE, THE TREE IS PRETTY TALL. SO I I'M FAIRLY CERTAIN THAT WE CAN SQUEEZE UNDER ANY OF THAT. THE, UM, THE OWNER JACKSON MCINTOSH IS ACTUALLY AN ARBORIST AND, YOU KNOW, OBVIOUSLY THIS CARES FOR THIS TREE SIGNIFICANTLY. AND SO THAT WOULD BE ONE OF OUR DESIGN GOALS, UH, IS TO NOT IMPACT THIS TREE AT ALL. UM, AND THEN, SORRY, THE SECOND QUESTION. CAN YOU REMIND ME A FIRE CODE ISSUE, NOT BEING TOO CLOSE TO THE HOUSE? SO THERE IS A TABLE, SO YEAH, SECTION THREE, ZERO TWO IN THE RESIDENTIAL FIRE CODE DOES HAVE A STIPULATION FOR MINIMUM FIRE RESISTANCE BASED ON SEPARATION DISTANCE, BUT THE CITY OF AUSTIN, LOCAL AMENDMENTS, UH, DON'T REQUIRE ANY SEPARATION FOR A STRUCTURE AS A SECONDARY DWELLING UNIT ON THE SAME LOT. SO OUR GOAL WOULD BE TO BASICALLY MAINTAIN A ONE HOUR FIRE RATING, UM, BUT WE'RE OPEN TO ANY OTHER REQUIREMENTS. OKAY. AND JUST QUICKLY YOU SAID THIS IS FOR AGING PARENTS. UM, AND I SEE IT, THE TWO STORY UNIT. SO THEN YOU WOULD BE OPEN THAT IT WOULD NOT BE A SHORT-TERM RENTAL THAT WOULD ALWAYS BE EITHER FOR THE PARENTS OR A LONG-TERM RENTAL FOR THE NEIGHBORHOOD. YES. OKAY. THANK YOU, MELISSA. I WAS GONNA MAKE A MOTION FOR APPROVAL, UH, WITH THE DEPICTION ON D THREE NINE OF THE FRONT BUILDING, STAYING IN THE PORTION, UH, INDICATED, UH, THAT THEY'RE NOT BEING SHORT-TERM RENTAL USE. DID I MISS ANYTHING [01:45:06] MINIMAL IMPACT ON THE TREES ON THE CROWN OR THE TREE? VERONICA. ALL RIGHT. AND THE ONE YOUR RATING ON THE PORTION THAT IS, UH, LESS THAN 10 FEET. OKAY. HOLD ON. JUST WHEN I'M WRITING SOME STUFF DOWN. DARRYL, DID YOU HAVE SOMETHING TO ADD? YEAH. DARRELL, DID YOU, YOU HAD YOUR HAND UP. I HAD A QUESTION. UM, CAUSE A LOT OF TIMES WE WILL, UH, WE WILL MAKE MOTIONS TO APPROVE THINGS BASED ON PARTICULAR PLANS THAT ARE PRESENTED TO US TO MAKE SURE THAT WE'RE NOT JUST GRANTING THERE IS THAT ALL WE HAVE RIGHT NOW IS A FOOTPRINT. SO WHAT YOU'RE SAYING IS THAT THEY HAVE TO STAY WITHIN THAT FOOTPRINT. THAT'S ON D NINE. YEAH, D NINE. AND IT'S PROPOSED TO BE A TWO-STORY STRUCTURE. I MEAN, I THINK THERE MAYBE THERE SHOULD BE A HEIGHT LIMIT HEIGHT LIMITATION THERE, AND THAT'D BE WILLIAM KENT ADDRESS. WHAT WOULD BE A REASONABLE HEIGHT LIMITATION FOR A, A TWO STORY ADBU IT'S COULD BE 30 FEET. YEAH. I MEAN, CODE CODE WOULD SAY 30 FEET. AND I THINK THAT, UM, SOME OF THE CONCERNS ABOUT HOW IT WILL BE MITIGATED ONE BY THE TREE, BUT ALSO THE FACT THAT THE, THE MCMANSION TENT OR THE SIDE SET OF THE DIAGONAL SETBACK PLANE STARTS 20 FEET. AND THAT'S GOING TO LIMIT THE HEIGHT HERE TOO. UM, I THINK THAT AGAIN, LOOKING AT THE PICTURE AND I DID A PROJECT, JUST TWO BLOCKS DOWN THE STREET, I KNOW THIS, THIS PARTICULAR PROPERTY QUITE WELL. UM, I THINK THAT THEY WILL, THEY'LL THEY'LL HIT THE CITY'S REQUIRED OR THE CITY'S MAXIMUM HEIGHT BEFORE THEY HIT THE TREE. AND INDEED THE SIDE SETBACK PLAN WILL HAVE A GREAT BEARING ON THIS. ANYWAY, I DID, UH, UM, I WAS, I WAS GONNA MOVE FOR APPROVAL WITH, SO, AND WILLIAM, I DON'T HAVE A, I DON'T HAVE A PROBLEM NECESSARILY WITH ANY HEIGHT. MY CONCERN IS THAT WE'RE APPROVING SOMETHING BY JUST LOOKING AT A FOOTPRINT WITHOUT ANY SORT OF, YOU KNOW, CONSTRUCTION PLANS OR ANYTHING THAT WE DON'T KNOW WHAT'S HAPPENING. UM, AND THAT WOULD BE AT LEAST ONE WAY TO AT LEAST LIMIT WHAT IT IS WE'RE TRYING TO APPROVE HERE. WE'RE NOT REQUIRED TO YEAH, THAT THAT'S CORRECT. I MEAN, WE'RE, WE'RE THE ISSUE AT HAND IS THE DISTANCE, UH, FROM THE, UH, EXISTING STRUCTURE. UM, ALTHOUGH I AGREE THAT THAT CAN BE HELPFUL. A COUPLE OF THINGS. UH, UH, SO, AND THIS IS, UH, FOR A WILLIAM HODGE ACTUALLY, UH, OR AUDITS. UM, IT WOULD MEAN THE MAXIMUM HEIGHT ON THE SOUTH SIDE, UH, ON THE FIVE FOOT SETBACK, BE 15 FEET, UH, WITH MCMANSION ON, ON THE, ON THE PROPERTY LINE, PROPERTY LINE, PROPERTY LINE. OKAY. ALL RIGHT. GOTCHA. OKAY. SO THEY'D HAVE A LITTLE MORE HEIGHT THERE. UM, AND THEN THE OTHER, UM, AND I'M GOING TO SOUND LIKE A BROKEN RECORD HERE, BUT I'VE BEEN AN ARCHITECT FOR MANY DECADES NOW AND, UH, MR. NOLAN, YOU'RE SUPPOSED TO ON YOUR, UM, PRESENTATION DRAWINGS, PUT A DISCLAIMER THAT THEY ARE NOT FOR CONSTRUCTION THAN THAT. SO YOU MAY WANT TO READ YOUR TVA RULES. UM, THE OTHER THING THAT CAME UP, IT DOES NOT LOOK LIKE THIS TWO STORY ON THIS IS GOING TO ADVERSELY IMPACT THE PECAN TREE IN THE BACKYARD. HOWEVER, IF YOU LOOK AT GROWING, I MEAN AT THE PHOTOGRAPH OF, UH, D THREE 10, UM, IT DOESN'T AND YEAH, AND ALSO THE B3 11, UH, IT DOES LOOK LIKE THERE IS A NEIGHBORING PROPERTIES, UM, TREE THAT IS GOING TO BE IMPACTED. SO MR. NOLAN, CAN YOU TELL US, UH, IS THAT, UH, WHAT THE SPECIES OR THAT TREE IS? OR IT LOOKS LIKE A PECAN HERE, BUT OKAY. UM, I BELIEVE IT'S A PECAN. I CAN'T BE 100% SURE, BUT I CAN, WE DID HAVE, UH, THE SURVEY PERFORMED TO CAPTURE ALL THE PROTECTED TREES ON OUR SITE AND ALL OUR NEIGHBORING SITES. THOSE WERE NUTS. UH, THOSE WERE NOT FLAGGED TO BE GREATER THAN. YEAH, EXACTLY. OKAY. CAUSE IT LOOKS LIKE IT LEANS PRETTY, PRETTY SERIOUSLY UNDER YOUR CLIENT'S PROPERTY. ALL RIGHT. UH, OTHER [01:50:01] QUESTIONS OF THE APPLICANT OR DISCUSSION. OKAY. HEARING NONE. WE HAVE A MOTION BY VICE CHAIR, UH, ALSO TO APPROVE THIS WITH CONDITIONS AND THAT WAS NO SDR, IS THAT CORRECT? THAT THE, UM, THAT THE, UH, FIRE RATING OF THE AREA THAT IS LESS THAN 10 FEET THE ADDRESSED, UM, AND THAT WE'RE USING THE, UH, D THREE, NINE FOOTPRINT. WAS THERE ANYTHING ELSE? AND I WOULD LIKE TO ADD JUST IN DEFERENCE TO THIS VARIANCE, THAT, THAT THE IMPERVIOUS COVER REMAIN AT 42%, IF THEY WANT TO REDUCE IT LOWER THAN THAT, THAT'S FINE. OKAY. 42% IMPERVIOUS COVER. ALRIGHT. ALRIGHT. VERY GOOD. AND THEN WE HAVE A SECOND BY VERONICA. VERONICA. ARE YOU OKAY? WHERE'S THE CHANGE ON THE IMPERVIOUS COVER? YES. OKAY. VERY GOOD. ALL RIGHT, MELISSA, ARE YOU READY? YES, LET'S GO AHEAD. AND DO YOU HAVE THE FINDINGS REGULATIONS, APICAL PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE BUILDING AN ACCESSORY DWELLING UNIT AND ENJOYING THE UTILIZATION OF AN EXISTING STRUCTURE WHILE PROTECTING A, A PROTECTED TREE IN THE BACKYARD AND MAKE IT DIFFICULT TO COMPLY WITH THE ATTEMPT AND SEPARATION DISTANCE HARDSHIP FOR WHICH THE VARIANCE IS UNIQUE TO THE PROPERTY IS WITH THE LOCATION OF THE EXISTING STRUCTURE, THE PROTECTED TREE. IT'S ALMOST IMPOSSIBLE TO CONNECT THEM ALL AND, AND MAINTAIN A BALANCE. THE HARDSHIP IS NOT GENERAL THERE IN WHICH THE PROPERTY IS LOCATED. UH, LOCATION OF THE GARAGE IS ALREADY THERE AS WELL AS THE TREE. THE VARIOUS WILL NOT ALTER THE CHARACTER OF THE AREA. JASON, THE PROPERTY WILL NOT IMPAIR THE USE OF ADJACENT CONFORMING PROPERTY AND WILL NOT IMPROVE THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED AS THEY, TO YOU, OR LIKELY PROVIDE SCREENING FROM THE MORE EMOTIONAL ABUSE ALONG . AND IT IS A, A MODEST REQUEST. ALL RIGHT. THANK YOU. UM, LET'S GO AHEAD AND CALL THE ROLE, UH, THIS IS TO APPROVE WITH CONDITIONS. VAGUELY. YES. UH, JESSICA COHEN. YES, GIRL. YES. MELISSA HAWTHORNE. YES. WILLIAM HODGE. YES. DON LAYTON BURWELL. YES. WELL MCDANIEL, SORRY. I HAD TO GET OFF MUTE. YES. ALL RIGHT. THANK YOU. UH, DARRYL GROOT. OKAY. HE SAYS YES WITH HIS THUMB. OKAY. THANK YOU, VERONICA RIVERA. ALL RIGHT. UH, YASMIN. ALL RIGHT. THANK YOU. AND, UH, DONNY HAMILTON. YES. ALL RIGHT, SO YOU, CONGRATULATIONS. YOU'VE GOTTEN YOUR VARIANCE. THANK YOU. ALL RIGHT. ALL RIGHT. MOVING ALONG TO ITEM D FOUR, DOES ANYBODY NEED TO TAKE A BREAK? I ACTUALLY WAS GONNA SAY, I'M GONNA STEP AWAY FOR A MOMENT. OKAY. I NEED ABOUT A LITTLE SO LET'S, UH, IT IS, UH, I'M GOING TO CALL IT SEVEN 30 LET'S UH, UH, COME BACK AND WE'RE GOING TO ADJOURN AND COME BACK AT SEVEN 40, SO 10 MINUTES. THANK YOU. OKAY. ALL RIGHT. IT'S A SEVEN 40. UM, WE ARE BACK FROM OUR RECESS AND WE GOT A LITTLE GLIMPSE OF ELAINE'S KIDS, WHICH I HAD SOME HALLOWEEN GOING ON THERE, SO THAT'S GOOD. UH, WE'VE GOT ONE, TWO, THREE, FOUR, FIVE, SIX OF US. SO WE HAVE A YEP. AND ROMS BACK. UM, SO I'M SORRY. I'M HERE. I JUST TURNED MY VIDEO OFF. OKAY. ALL RIGHT. VERY GOOD. THANKS FOR ALL RIGHT. SO, UH, LET'S, UH, MOVE ON TO OUR NEXT ITEM, CAUSE WE'VE GOT A PRETTY FULL AGENDA TONIGHT. I LIKE TO KEEP THIS, KEEP THIS ROLL HERE. UH, THIS IS ITEM [D-4 C15-2020-0066 Joel L. Aldridge, AIA for Josephat Valdez 1509 East 14th Street] D FOUR. IT'S A C 15 DASH 2020 DASH ZERO ZERO SIX SIX. THIS IS JOEL L OLD RIDGE AIA FOR JOSEPH AT, UM, UH, VALDEZ AT 1509 EAST 14TH STREET. THIS IS A VARIANCE FROM THE LAND DEVELOPMENT CODE. SO YEAH. CAN YOU HEAR ME? YES, WE CAN [01:55:01] BE SURE TO SPEAK UP THOUGH. OKAY. UM, I'M JOEL ALDRIDGE. I'M THE ARCHITECT THEN APPLICANTS FOR 1,509 EAST 14TH STREET. UM, WE ARE ASKING FOR A VARIANCE TO DECREASE OUR SETBACK FROM TWENTY-FIVE FEET, 17 FEET, UH, DECREASE OUR REAR YARD SETBACK FOR A PORTION OF THE REAR YARD FROM 10 FEET TO FIVE FEET. AND WE'RE ALSO ASKING FOR A REDUCTION ON, UH, PARKING REQUIREMENTS, UH, FROM TWO TO ZERO. UM, AS YOU'LL SEE, IT'S A SUPER TINY LOTS, UH, AND IRREGULARLY SHAPED A LITTLE BIT OF HISTORICAL CONTEXTS. UH, JUST BRIEFLY THE, THE LOT WAS SUBDIVIDED AS FAR AS I CAN TELL HIM THE FIFTIES, THE EXISTING HOUSE, UH, LOOKS TO ME FROM THE TWENTIES AND IT'S, UM, NON-CONFORMING TO THE POINT THAT IT'S NOT ONLY IN THE, UH, SIDE SET BACK, IT'S ACTUALLY OVER THE LOT LINE. UM, IT'S NOT REALLY A CANDIDATE FOR REHABILITATION AND EVEN, EVEN IF WE SCOOCH THAT OVER, JUST BECAUSE THE FRAMING IS SO POOR. UM, SO THE, THE CLIENTS WERE INTERESTED IN THE NEXT STEP, WHICH WOULD BE TO REBUILD. UM, IF YOU CAN LOOK ON PAGE FOUR OF MY, I'M JUST ASSUMING THAT Y'ALL ARE KIND OF CLICKING THROUGH AS YOU NEED TO ON THE PRESENTATION. YES. UM, PAGE FOUR SHOWS ARE HARDSHIP BASED ON THE CURRENT ZONING. UM, LIKE I SAID, IT'S A, IT'S A SUPER SMALL LOT. SO IF WE WERE TO BE IN COMPLIANCE WITH ALL OF THE SETBACK REQUIREMENTS, WE WOULD ONLY BE ALLOWED A, UH, 425 SQUARE FOOT, UM, FLOOR PLATE ESSENTIALLY. AND WHAT WE'RE ASKING FOR IS A, UH, 637 SQUARE FOOT FOOTPRINTS TO ACHIEVE, UM, SOME BASIC GROUND FLOOR ACCESSIBLE AMENITIES, SUCH AS, UH, UH, A TINY, TINY GALLEY KITCHEN, UH, GROUND FLOOR BATHROOM. AND THEY, UH, JOINED KITCHEN KIND OF MOVING AREA, ASKED TO HAVE THE FLOOR PLANS ON PAGE, UM, SIX, WHICH I CAN DISCUSS FURTHER IF NECESSARY. UM, BUT I THINK THE SITE PLAN AND HOW THE, THE FOOTPRINT IS EFFECTED ON WITHIN THE, WITHIN THE SITE. UM, SO LET'S SEE. UM, SO WE'RE STUCK IN THE EXISTING, UH, ZONING CONDITIONS OF, WE'VE TRIED TO DESIGN AN EFFICIENT GROUND FLOOR STRUCTURE, UM, AND WE'RE STUCK BETWEEN THE JOG AND THE REAR LOT LINE AND THE, UM, THE FRONT 25 FOOT SETBACK. UM, ADDITIONALLY, THE, OR ASKING FOR A VARIANCE ON THE PARKING REQUIREMENTS BECAUSE THE, THE REASONABLE LOCATION FOR PARKING WOULD BE IN THE, IN THE FRONT OR TO THE SIDE. AND YOU CAN SEE THE TWO, UH, OAK TREES, HERITAGE OAK TREES, BUT LARGER THAN 30 INCHES IN DIAMETER, BOTH OF THEM, UM, YEAH, MAKE IT EXTREMELY DIFFICULT TO, TO DESIGN ANY KIND OF PARKING, UH, FOR TWO VEHICLES OR EVEN ONE. UM, AND SO WE ARE ASKING FOR, UH, TO BE ALLOWED FOR THE OWNERS TO PARK ON THE STREET. UM, THE OWNERS, THE OWNERS ARE JUST A COUPLE, THEY ONLY HAVE, THEY EACH HAVE A SINGLE VEHICLE. UM, SO THEY'RE NOT GOING TO BE PARKING A CAR COLLECTION ON THE RESIDENTIAL STREETS. UM, SO WE ARE, WE'RE TRYING TO BE IN COMPLIANCE WITH, AND, UH, GOOD NEIGHBORS TO EVERYONE WE'VE PRESENTED TO THE CENTRAL EAST AUSTIN NEIGHBORHOOD ASSOCIATION AND, UH, HAVE THEIR APPROVAL. I BELIEVE THAT WAS INCLUDED IN OUR, UM, UH, ORIGINAL PACKETS, UH, BEYOND THAT I HAVE TWO LETTERS OF SUPPORT FROM SURROUNDING NEIGHBORS. AND, UM, YEAH, I GUESS I WILL CLOSE THAT AND OPEN TO ANY QUESTIONS THERE MAY, MAYBE YOU'RE ON MUTE. LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING. SO, UM, UH, MR. ALDRIDGE, UM, I HAVE A COUPLE OF QUESTIONS, BUT FIRST I'M GOING TO JUST MAKE A STATEMENT THAT, UM, I KNOW SOME, IF NOT MANY, IF NOT, MOST OF MY FELLOW BOARD MEMBERS WILL DISAGREE WITH ME, UH, [02:00:01] BUT I'VE ALWAYS SUPPORTED PARKING VARIANCE. WE KIND OF SAID THIS BEFORE PARKING IS ATTACKED AND, UH, WE SHOULD NOT BE SUBSIDIZING THE REQUIRED USE OF THE AUTOMOBILE. SO I GET THAT OUT OF THE WAY. UM, I DO HAVE SOME, YOU HAVE JUST, I'LL GET THAT OTHER WAY, BUT I HAVE SOME SUBSTITUTE, UH, CONCERNS ABOUT, UM, ABOUT, UH, THE PROPOSAL AS, AS IT'S CURRENTLY DESIGNED. UM, AND IT'S SPECIFICALLY, AND I'M, I'M WONDERING, AND WHAT I MEAN TO SAY IS THAT I I'M CONCERNED THAT YOU NEED, IF WE'RE LOOKING AT THE EXISTING HOUSE, UH, AS YOU PROPOSE IT, THAT WE NEED MORE VARIANCES THAN WHAT YOU'RE ASKING FOR. UH, SPECIFICALLY WHAT I'M SEEING, UM, IS A DORMER PENETRATION THROUGH THE TWO SIDES, SETBACK CLAIMS, UM, YOU CAN PROJECT A GABLE OR PROTRUDE TO GABLE THROUGH IT FOR THE FIRST 30 FEET INBOARD FROM THE FRONT OF THE PROPERTY LINE. IT LOOKS LIKE YOU MEET THAT STANDARD, BUT THE DORMER PROTRUDES AND, UH, HAVING DESIGNED A FEW OF THESE, UM, FOR MORE THAN A FEW, UM, IT'S ALWAYS BEEN MY UNDERSTANDING THAT, YOU KNOW, THE, THE ALLOWANCE FOR GABLE PENETRATIONS THROUGH SETBACK POINTS DOES NOT APPLY TO DORMERS. AND SO THIS DORMER IN THE FRONT SEEMS LIKE THAT WOULD REQUIRE A MARRIOTT'S. UM, SO WHILE THE OVERALL REQUEST, I AM CERTAINLY OPEN TO, UH, THE OVERALL REQUEST, UM, AND THE GENERAL REQUEST, BUT THE SPECIFICS OF THIS PARTICULAR, I WOULDN'T, UH, I DON'T WANT TO SAY I WOULDN'T BE ABLE TO SUPPORT THEM, BUT I FEEL LIKE THEY WOULD REQUIRE ANOTHER VARIANCE. UM, I THINK THE SECOND, THE SECOND, UM, QUESTION SLASH COMMENT THAT I HAVE IS THAT THEY, YOU KNOW, YOU'RE, YOU'RE ASKING FOR REAR SETBACK, UM, AND PARKING, YOU KNOW, PARKING VARIANCES, UM, YOU I'M SUPPORTING YOU, YOU'RE A BEGINNING OF A VARIANCE FOR THE REAR BECAUSE IT'S EFFECT WITH THE JOG AND THE LAW WHERE YOU ARE EFFECTIVELY 10 FEET OR MORE FROM, UH, FROM THE HOUSE BEHIND YOU. UM, BUT, UH, BUT YEAH, I WOULD JUST REITERATE THAT IT SEEMS THAT THIS FRONT DORMER, UM, THIS ONE DORMER WOULD REQUIRE ITS OWN VARIANCE, OR YOU WOULD NEED TO ADD THAT TO YOUR VARIANCE REQUEST IN ORDER FOR ME TO SUPPORT THIS. ALL RIGHT. THANK YOU, WILLIAM BOOK, GO AHEAD. JUST QUICKLY. THIS IS SUCH A SMALL LUNCH. DO THEY NEED A SMALL LOT VARIANCE AT LOT SIZED PERIODS FOR A SINGLE BEN HILL? OH, WELL, WE DID. WE DID RECEIVE A, UM, LAND SET HIS DETERMINATION. SO, UH, MY UNDERSTANDING AND I COULD BE WRONG IS THAT THAT'S, UH, I DON'T KNOW, CUT COVERS COVERS THOSE ISSUES. THIS AREA ALSO, UH, IS ADOPTED SMALL LAW IN THE STATE, BUT THIS IS EVEN SMALLER THAN SMALLER EVEN FALL. YEAH. RIGHT. SO IT DIDN'T EVEN FIT THE AMNESTY. SO THAT'S WHY I TALKED ABOUT THAT. YEAH. UM, UH, I THINK IT PROBABLY DOES. AND, AND YOU'RE, THEY'RE ALSO PROPOSING A 58% FAR INEFFICIENT POINT FOR THE MAXIMUM FOR NSF. UH, MELISSA, DID YOU HAVE YOUR HANDBOOK? SORRY. I THINK THERE WAS A MAXIMUM IT'S 0.4 OR THERE'S A MAXIMUM ALSO. SO I GUESS MY QUESTION IS, IS WITH THE DORMER GABLE ISSUE, DO WE WANT TO STOP HERE AND LET YOU TAKE A LOOK AT IT AND THEN COME BACK? OR ARE WE GOING WITH EXACTLY WHAT YOU HAVE NOW? THAT'S A QUESTION. THE APPLICANT, I'M SORRY. I WENT ON MUTE. CAN YOU HEAR ME? I CAN HEAR YOU. I JUST WANT TO MAKE SURE YOU'VE WATCHED. I WAS TALKING TO YOU. OH YEAH. UM, I, I GUESS IF, IF, IF WE'RE GOING TO BE DENIED BASED ON THE DORMER PROTRUSION, THEN I WOULD RATHER POSTPONE AND READDRESS THE DESIGN OR THE VARIANT. I JUST WENT, YOU KNOW, CAUSE I WAS GONNA MAKE, UM, MOTION FOR APPROVAL, UH, BASED ON WHAT YOU'RE ASKING FOR, NOT ON WHAT YOU'RE NOT ASKING FOR. SO YOU WANT TO ADDRESS THE DORMER. I WOULD CHANGE MY DIRECTION AND MAKE A MOTION FOR POSTPONEMENT. AND ALSO YOU CAN'T COME BACK FOR A YEAR IF WE DO THESE VARIANCES [02:05:03] AND YOU'RE GOING TO NEED ANOTHER VARIANCE FOR SOMETHING YOU CAN'T COME BACK FOR A YEAR. SO I DON'T KNOW IF YOU WOULD LIKE TO POSTPONE IT SO THAT YOU CAN LOOK AT ALL THESE ISSUES THAT WE'VE BROUGHT UP. I BELIEVE THAT WOULD BE IF, IF HE WAS DENIED THAT THERE IS THAT HE COULDN'T COME BACK, I THINK HE COULD COME BACK FOR ADDITIONAL VARIANTS, BUT WHY, YOU KNOW, WHY SPEND THE MONEY EACH TIME WHEN YOU COULD DO IT ALL? ALL IN ONE? UM, THE ONE THING THAT'S GIVING ME A LITTLE HEARTACHE AND, AND WILLIAM, YOU AND I DIFFER ON THIS, BUT, UM, I SEE A LOT OF THESE NEW, UM, PROJECTS GO IN AND THEN PEOPLE GO, HMM, WHERE AM I GOING TO PARK MY CAR? I DON'T REALLY WANT TO PARK IT ON THE STREET BECAUSE YOU KNOW, PEOPLE RUN INTO IT AND YOU'RE WERE THE ONE THAT BEHIND HER OR WHATEVER. AND ALL OF A SUDDEN THERE'S A GRAVEL AREA. AND THEN THERE'S SOME FRONT YARD PARKING OR WHATEVER, AND THEY BECOME A CONSTANT, UM, UH, ISSUES. UM, YOU KNOW, SO THE FACT THAT THERE'S NOT EVEN ONE PARKING SPACE ON EAST 14TH STREET HERE IS A LITTLE CONCERNING TO ME. UH, I WOULD, UH, UH, RECOMMEND A, UH, UM, WITH FOAMING THAT'S THAT, YOU KNOW, SO THAT HE CAN LOOK AT THIS, BUT THAT THAT'S ME DARRELL. GO AHEAD. I JUST WANTED TO POINT OUT THAT ON THE, ON THE, ON THE SITE PLAN THAT THEY HAVE, I MEAN, THERE'S A, THERE'S A CARPORT THERE, THERE, THERE, IT LOOKS LIKE THERE ARE TWO PARKING SPACES THERE ALREADY AND IT LOOKS LIKE THE ONLY CHANGE THAT WOULD BE NEEDED TO ME MADE TO THOSE WOULD BE ACTUALLY TO MOVE THEM AWAY FROM AWAY FROM ONE TREE. IT'S KIND OF, IT KIND OF RUNS IN BETWEEN THE TWO TREATS. SO I WOULD LIKE TO HEAR A LITTLE BIT MORE ABOUT WHY THEY CAN'T PUT AT LEAST ONE PARKING SPOT THERE ONCE WHEN THEY COME BACK. OKAY. UM, UH, JESSICA, I SEE YOUR HAND UP JUST REAL QUICK, CAUSE I WANTED TO SAY COMMISSIONER HODGE. YES. I'M WITH I'M WITH I'M WITH THE QUESTION OF HYDRO ON THIS ONE, ACTUALLY, UH, PARKING SPACES, PARKING REQUIREMENTS OR SOMETHING, BUT YES, I GET WHY WE HAVE THEM, BUT THIS SPECIFIC STREET, IF Y'ALL AREN'T FAMILIAR WITH IT IS JUST LINED WITH CARS. GENERALLY THERE THERE'S, THERE'S ALWAYS WITH THE EXCEPTION OF LIKE SOUTH BY AND, UH, LIKE A, MAYBE A BIG FUNERAL. THERE'S, THERE'S ALWAYS PLACES TO PARK ON THE STREET, WHICH MAKES ME FEEL A LITTLE MORE COMFORTABLE AT LEAST WITH THAT PART OF THE VARIANCE REQUESTS. BUT I, I JUST WANTED TO MAKE SURE THAT THE REST OF Y'ALL WERE AWARE OF THAT IT'S IN THIS ONE CASE IT'S NOT THAT BIG A DEAL AT LEAST. OKAY, GREAT. UH, MELISSA, SO I'LL MAKE A POSTPONEMENT OR WE HAVE A MOTION TO POSTPONE BY MELISSA SECOND, VERONICA. THANK YOU. YEAH. SO, UM, AND I'M, I'M ALSO THERE, UM, PLEASE ADDRESS THE COMMENTS THAT WERE BROUGHT UP. HOWEVER, PARKING PARKING TO ME, HAVING LIVED FOR AWHILE, HE'S BOSTON AND HAD TO PARK MY CAR ON THE STREET. UM, YOU KNOW, YES. SOMETIMES YOU DO SEE THE GRAVEL IN THERE, BUT AS LONG AS THERE'S A CURB, UM, YOU DON'T WANT TO HARM YOUR CAR, KIND OF JUMPED OUT, PARKED IN THE GRAVEL. BUT, UM, AGAIN, THAT'S NOT A FAILURE THERE, BUT PARKING, I THINK AS LONG AS YOU CAN SAY, HE PARKED IN THE STREET IN YOUR SPACES, UM, IT'S NOT AN ISSUE. OKAY. DARRELL, DO YOU HAVE A COMMENT? JUST ONE MORE THING. UM, IN THE BACKUP, THERE WAS THE APPROVAL LETTER FROM OCEAN, UH, THE CENTRAL AND EAST AUSTIN NEIGHBORHOOD ASSOCIATIONS. AND, UM, I JUST WANNA MAKE SURE THAT, BECAUSE I MEAN, I'LL BE ASKING THIS WHEN THEY COME BACK, IS THAT, ARE THEY OKAY? IS APPLICANT OKAY WITH THE CONDITIONS THAT THEY'VE ASKED FOR THE PRIVACY FENCE, THE, THEY KNOW SHORT TERM RENTALS, ALL THE OTHER, ALL THE OTHER THINGS THAT THEY HAVE IN THERE. OKAY. SO YOU WOULD LIKE THEM TO WHEN THEY COME BACK ASSUMING THAT THEY PARENTS TO HAVE THOSE THINGS IN PLACE. OKAY. ALL RIGHT. UH, SEEING NO MORE DISCUSSION. LET'S GO AHEAD. AND THIS IS, UH, UH, TO POSTPONE UNTIL NEXT MONTH. IS THAT RIGHT? YES, SIR. OKAY. ALL RIGHT. LET'S BRING IT UNTIL DECEMBER MEETING. UH, AND THAT, UH, LET'S GO AHEAD AND HOLD THE ROLL BOOK. BANNON. YES. UH, JESSICA OTTO. YES. MELISSA. YES. UH, WILLIAM HODGE. [02:10:01] YES. ON LATE MARWELL. YES. ROBIN MCDANIEL. YES. ALL RIGHT. THANKS FROM, UM, VERO BRUTE. YES. RIGHT. WE'RE AANUKA YES. ALL RIGHT. YASMIN SMITH. YES. THANK YOU. AND, UH, DONNY, UH, HAMILTON. YES. ALL RIGHT. VERY GOOD. SO WE'LL SEE YOU NEXT MONTH. UH, AND IF WE CAN COME BACK PREPARED TO ADDRESS THE ISSUES THAT CAME UP, THAT WOULD BE GREAT. YES, SIR. THANK YOU. THANK YOU. ALL RIGHT. MOVING ALONG TO ITEM D FIVE, MR. CHAN. YES. I JUST WANTED TO TAKE A SECOND AND SAY THANK YOU TO OUR CITY HALL, A B PERSON. I THINK THAT EVERYTHING IS WORKING A LOT BETTER THIS TIME, AND I REALLY APPRECIATE IT. I KNOW YOU GUYS ARE A LITTLE STRESSED WITH HAVING TO PICK ALL THIS UP AND THANK YOU. YES, YES, ABSOLUTELY. EVERYBODY'S BEEN DOUBLE DOUBLE WORK, SO I APPRECIATE THAT TOO. OKAY. UM, THIS [D-5 C15-2020-0068 Courntney Mogonue-McWhorter for Peter Huff 3115 Westlake Drive] IS, UH, ITEM, UH, THE FIVE, UH, C 15 DASH 2020, EXTRA ZERO ZERO SIX EIGHT. THIS IS, UH, COURTNEY MULLNER NEW AND MCWHORTER, UH, FOR YOUR HEALTH. AND SORRY IF I BUTCHERED YOUR NAME, WHICH I'M SURE I DID. UM, AND THIS IS FOR, UM, 31 15 WEST LAKE DRIVE A SERIES FROM LAND DEVELOPMENT CURVE. HI, THIS IS COURTNEY MCGARTY WITH QUARTER, UH, I'M AN ATTORNEY WITH SMITH, GOOD EVENING BOARD TOGETHER WITH MY COLLEAGUES AREA GOMEZ. WE REPRESENT THE PROPERTY OWNER, PETER HUB. UM, ERIC IS ACTUALLY GOING TO START ON THE PRESENTATION AND WE WILL ALL BE AVAILABLE TO ANSWER ANY QUESTIONS YOU MAY ASK. THANK YOU, BOARD FOR LONGING TO SPEAK. UM, SO THE APPLICANT IS SEEKING TWO VARIANCES. THE FIRST IS FROM A LAND DEVELOPMENT CODE, SECTION 25 DASH TWO DASH FIVE FIVE ONE B. AND THIS IS A VARIANT TO REDUCE THE SHORELINE SETBACK ON THE CANAL PORTION OF THE PROPERTY ONLY FROM 75 FEET TO 15 FEET. AND THE SECOND VARIANCE WE'RE ASKING FOR IS FROM LANE DEVELOPMENT CODE SECTION 25 DASH TWO DASH FIVE FIVE ONE . AND WE'RE ASKING FOR A 5% INCREASE AND THE IMPERVIOUS COVER ALLOW FROM 35% TO 40%, UM, WHERE, WHERE WE, WHERE THE APPLICANT INTENDS TO DEVELOP AN ACCESSORY STRUCTURE. UM, NEXT, UH, I BELIEVE I'M ON SLIDE THREE AT THIS POINT AND ON SLIDE THREE, UH, THIS SHOW BEING THE AERIALS FOR THE, FOR THE PROPERTY AND OUR, OUR CLIENT'S PROPERTY. IF YOU'RE LOOKING AT THE LEFT PICTURE IS ON THE RIGHT SIDE, UH, NEXT TO THE SLIP COVERED BY TREES. UM, GOING ON TO, OH, WAIT. OKAY. I'M GONNA, I'M TAKING A MOMENT TO PAUSE. UM, I'M ON SLIDE, NUMBER THREE, ABOUT TO GO TO SLIDE NUMBER FOUR. OKAY. SO I'M MOVING ON TO SLIDE NUMBER FOUR. AND, UM, YOU KNOW, TH THE CURRENT ZONING DOESN'T ALLOW FOR A REASONABLE USE OF THIS PROPERTY, AND HERE'S WHY UNDER LAND DEVELOPMENT CODE SECTION 25 DASH TWO DASH EIGHT NINE THREE D YOU KNOW, ACCESSORY GUESTHOUSE IS PERMITTED. NOW THIS IS A FAIR AND REASONABLE USE FOR THE LAKE AUSTIN ZONING, BUT THE APPLICANT WILL BE UNABLE TO DO, TO PURSUE THIS DEVELOPMENT WITHOUT THE REQUESTED VARIANCES BECAUSE OF THE CURRENT SETBACK AND PREVIOUS COVER LIMITATIONS. AND THERE ARE HARDSHIPS THAT ARE UNIQUE TO THIS PROPERTY AS WELL, LESS THAN HALF OF THE PROPERTY IS OUTSIDE OF THE 75 FOOT SETBACKS FROM BOTH THE SHORELINE AND THE SLEW THAT RUNS ALONG A GOOD GET THEM OUT OF ITS PROPERTY. THIS LOO ITSELF OCCUPIES ROUGHLY 16 AND A HALF THOUSAND SQUARE FEET. UH, SOME OTHER HARDSHIPS INCLUDE THE FACT THAT THE UPPER PORTION OF THE SITE NEAR WESTLAKE DRIVE IS UNBUILDABLE DUE TO THE EXTENT OF SLOPE THERE. UM, AND IT, IT, IT PRETTY MUCH SERVES TO HAVE, UH, AN EXISTING DRIVEWAY THAT THE APPLICANT ATTEMPT TO KEEP THEIR UPPER PORTION TAKE UP ABOUT A THIRD OF THEM PROPERTY. UM, UH, A SECOND LEAD, THE LEAK OF THE PROPERTY IS QUITE LONG AND THE WAY THE PROPERTY, SO THAT, UH, THIS THE 75 FOOT SETBACK FROM THE SLU, UM, IN MANY PLACES ONLY ALLOWS FOR THE PLACEMENT OF A, OF A, OF A HOUSE THAT'S ABOUT 18 FEET Y UM, SO WHERE WE ARE PROPOSING THIS GUEST HOUSE ACCESSORY STRUCTURE, UH, CLOSER TO THE SHORELINES THOUGH, REALLY THE ONLY LOGICAL LOCATION FOR IT. UM, AND, AND FINALLY GIVE GIVEN THE, THE, THE WIDTH OF THE SLEW AND THE SHORELINE SET BACK, UM, YOU, YOU KNOW, THE GUEST HOUSE IS GOING TO NEED TO BE ACCESSED. SO WE'RE, WE'RE, WE'RE SEEKING [02:15:01] TO EXTEND THE DRIVEWAY FROM THE UPPER PORTION OF THE TRACK DOWN TO THE GUEST HOUSE. AND THAT THAT'S, UH, THAT'S WHAT A LOT OF THE IMPERVIOUS COVERS COMING FROM. IT'S REALLY THIS LONG DRIVEWAY TO ACCESS IT, RELATIVITY MODEST, UH, ACCESSORY STRUCTURE. UH, AND SO THE VARIANCE, UH, WILL ALTER THE CHARACTER OF THE AREA THAT THE PROPOSED CONSTRUCTION IS REALLY JUST LIMITED TO THE GUEST HOUSE AND THIS DRIVEWAY, UM, THE IN FACT, THE EXISTING HOUSE AND THE PROPOSED, UH, THE EXISTING HOUSE ON THE PROPERTY, THAT'S RIGHT AT THE TOP OF THE SLEWS IS A MODEST HOUSE ITSELF. UH, A TWO-STORY SINGLE FAMILY, AND, UH, COMBINED WITH THIS PROPOSED GUESTS OUT, IT'S GOING TO HAVE A LOWER IMPACT ON THE AREA AND THE NEIGHBORING PROPERTIES, UH, GIVEN THAT SUCH A, THESE TWO, THESE TWO STRUCTURES COMBINED ARE SUCH A SMALL SCALE, AND YOU'LL BE ABLE TO SEE THAT IN BETTER DETAIL IN THE LAST SLIDE. UH, THE CONSTRUCTION IS CONSISTENT WITH OTHER CONSTRUCTION OUT THERE AT LAKE AUSTIN BEING THREATENED ESSENTIAL. AND SO BECAUSE OF THAT, WE DON'T ANTICIPATE ANY ADVERSE IMPACT, THE ADJACENT PROPERTY. UM, I'M ON FLIGHT EIGHT AT THIS POINT, UH, WHERE YOU CAN SEE, UH, THERE'S, UH, WE HAVE A SLIGHT PLAN RIGHT THERE, AND YOU CAN SEE HOW WE PUT E UH, ACCESSORY STRUCTURE, REALLY, IF THE NARROW WAS PART OF THE SOLU, UH, BEING THE, THE BEST AND MOST LOGICAL PLACE FOR IT. UM, YOU CAN SEE THIS LOOP COMING UP FOR A, FOR A GOOD PORTION OF THE TRACK. AND THEN ON THE LEFT SIDE OF THE TRACK ON WESTLAKE DRIVE THERE, YOU SEE THE TOPOGRAPHY, THERE IS JUST UNDEVELOPED UNDEVELOPABLE. UM, IF THERE'S A, THE MOTOR COURT, RIGHT THERE IS INTENDED TO CAPTURE THE PARKING FOR BOTH BOTH HOUSES. THAT'S WHY IT LOOKS A LITTLE BIT LARGER, UM, ON SLIDE NINE, THE SLOPE MAP THAT CONFIRMED THE EXTREME TOPOGRAPHY AT THE TOP OF THE TRACK. OKAY. IF YOU CAN WRAP UP HERE. YES. SURE. UH, SO, UM, I'M GONNA SKIP AHEAD TO THE LAST SLIDE AND THE LAST SLIDE. YOU CAN REALLY SEE ALL OF IT IN THE BELT. I MEAN, THAT'S OUT ON THE, ON THE, UH, ON THE LAKE, UM, YOU KNOW, THERE'S EXTENSIVE DEVELOPMENT ON A SLEW THAT'S RIGHT NEXT DOOR TO, TO THE APPLICANT TRACK. I MEAN, RIGHT ON THE RIGHT ON, ON THE, ON THE, ON THE CANAL, YOU KNOW, THERE ARE STRUCTURES THAT ARE MUCH MORE GRAND THAN WHAT WE'RE SEEKING TO BUILD. AND IF YOU WERE TO COMBINE THE APPLICANTS EXISTING STRUCTURE WITH A GUEST HOUSE, WE INTEND TO BILL, I DON'T EVEN THINK THEY'VE COME CLOSE TO APPROACHING SOME OF THE GRANT, UH, MUCH MORE GRANT AND EXTENSIVE DEVELOPMENT PROJECTS THAT ARE ALREADY EXISTING OUT THERE FOR THAT REASON. YOU KNOW, WE'RE ASKING YOU TO GRANT THESE VARIANCES PLEASE, TO ACCOMMODATE THE REASONABLE USE. VERY GOOD. THANK YOU. ALL RIGHT, LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING. UM, ARE THERE QUESTIONS OF THE APPLICANT? UM, I HAVE ONE. UM, WELL, UH, SO THE, THE LARGE PARKING AREA YOU SAID WAS, UH, NEEDED BECAUSE THEN PARKING UP BY THE HOUSES SUFFICIENT. YES, THIS IS COURTNEY MCGARTY. THAT IS ONE OF THE REASONS WHY, AND A LOT OF THE, I MEAN, ACTIVITY, THE WARM, LIKE OFTEN YOU PRIMARILY WANT TO BE FOCUSED AT THE LAKE AREA AND NOT AT UP AT THE PORTION OF THE TOP AREA, UH, UM, MORE THAN HOUSES, BUT, UH, WE DON'T WANT TO INCREASE IN THE IMPERVIOUS COVER AT THE TOP DUE TO THE INCUR DUE TO THIS BOOK CATEGORIES. THAT'S WHY THERE'S SUCH A LARGER MOTOR COURT DOWN THERE. UM, ONE THING I WANT TO HIT ON IS THAT THE GUEST ITSELF THAT'S BEING PROPOSED IS ONLY 2,500 SQUARE FEET. THE DRIVEWAY IS THE REMAINING 11,000 SQUARE FEET. SO THAT'S WHERE YOU GET THE ADDITIONAL 13,000 SQUARE FEET. OKAY. AND, AND, UH, AND A PORTION OF THAT, THE DRIVEWAY AND, OR THE HOUSE IS IN THE GRADIENT OF 15% OR LESS. THAT'S A RESTRICTED TO 35%, I ASSUME IN THAT. AND YOU'RE ASKING FOR 5% MORE, CORRECT. ALL OF THE, ACTUALLY ALL OF THE PROPOSED NEW VERBIAGE COVERS WITHIN THE ZERO TO 15% BOOK CATEGORY. OKAY. ALL RIGHT. GREAT. GOOD. THANK YOU. UM, ANYONE ELSE, QUESTIONS OF THE APPLICANT OR A BROKER? GO AHEAD. OKAY. UM, I JUST HAVE TO MAKE A COMMENT. I KNOW THAT WE'VE GIVEN THESE BEFORE, AND I CAN UNDERSTAND IT ON THE CANAL BECAUSE IT, IT REALLY MAKES A LOT NARROW, BUT THAT DROPPED BY HOW WIDE IS JUST THE DRIVEWAY, NOT EVEN THE PARKING AREA THAT PARK'S LIKE 10 CORNERS. IT SEEMS LIKE A DOUBLE DRIVE. I KNOW, I BELIEVE ONLY NINE FEET WIDE, THEN IT LOOKS [02:20:01] WIDER THAN THAT. THERE WAS SOME SORT OF, IT IS ACTUALLY, IT ENDED HIT THE DOUBLE AS AN 18 FOOT DRIVEWAY. OKAY. SO COMMENT REAL QUICK. YOU CAN REDUCE THAT DRIVE AND THAT PARKING AREA, AND PROBABLY MOVE OVER TO THE GUEST HOUSE, ANOTHER FIVE FEET AND GET 20 FEET OFF OF THAT. NOW VERY EASILY, STILL HAVE THE SAME SIZE GUEST HOUSE. AND I JUST DON'T REALLY SEE A HARDSHIP OR A REASON, YOU KNOW, ON THE DRIVEWAY AND THE PARKING AREA AND IMPERVIOUS. SO THAT'S MY COMMENTS. OKAY. OKAY. UH, YEAH. UH, WILLIAM, I SAW YOUR HAND UP. UM, I AGREE WITH, UH, COMMISSIONER BAILEY. UM, TO ME, THERE ARE TWO, THERE ARE TWO SEPARATE REQUESTS HERE. THERE'S A DESIRE TO GET CLOSER TO THE MAT. I ALWAYS CALL IT SLOUCH, LIKE IN ENGLAND, THE SLU, UH, IT'S GOOD TO GET IT, TO GET CLOSER TO THE SLEUTH AND TECHNICALLY THIS, YOU KNOW, 75 FOOT SETBACK, WHICH I, I CAN SEE WITH REASONABLE, YOU KNOW, THAT'S A REASONABLE REQUEST, BUT, UM, YOU CAN GET, YOU CAN GET THIS THING DOWN TO 35% IMPERVIOUS COVER. AND I WOULD, UM, I WOULD HAVE TO WHERE THE QUESTION TO BE CALLED RIGHT NOW, I'D HAVE TO VOTE AGAINST IT BECAUSE I DON'T SEE ANY REASON TO ALLOW THE EXTRA IMPERVIOUS COVER. UM, I WOULD DEFINITELY, IF IT WERE ME, IF I WERE YOU, I WOULD SUGGEST REDUCING THE DRIVEWAY IN THE PARKING TO REMOVE THE NEED FOR THAT PARTICULAR, UM, REQUESTS. AND I, AND LOOKING AT THE DRIVEWAY AND LOOKING AT THE PARKING OF THIS PROPOSED, UM, I THINK THAT COULD BE QUITE EASILY DONE AND YOU COULD COME BACK SMITH. WE ASK THEM FOR A SETBACK VARIANCE, WHICH AGAIN, TO ME IS IMMINENTLY REASONABLE. OKAY. THANK YOU. UH, YEAH, I, I SHARE THOSE SAME CONCERNS IN THOSE BOOKS. UM, YOU KNOW, 75 FEET MAYBE, UH, YOU KNOW, TOO MUCH OF A SETBACK, BUT 15 FEET IS PROBABLY, UH, THEY CAN PROBABLY GO, UH, CONSIDER PUTTING MORE THAN 15 FOOT SET BACK THERE AND ALSO GET RID OF THE, UH, THE COVER, UH, REQUEST, UH, JESSICA. SO YOU'RE IT ALSO AGREEING WITH ALL OF Y'ALL I'M WONDERING TO ASK THE APPLICANT IF THEY'D BE OPEN TO A POSTPONEMENT, UH, SO THAT THEY COULD REVISIT THAT PARKING SPACE AND DRIVEWAY TO TRY TO GET THAT IMPERVIOUS COVER DOWN, BECAUSE AS IT SEEMS RIGHT NOW, I CAN'T SUPPORT THE IMPERVIOUS COVER PART OF THIS REQUEST. UM, SO CAN I ASK A QUESTION FOR YOU WITH YOUR QUESTION, UM, JUST DROPPING THE IMPERVIOUS COVER PORTION OF THE VARIANCE REQUESTS AND MOVING FORWARD WITH THESE SETBACKS, UM, THAT'S SOMETHING THAT WE CAN'T LIVE WITHOUT WITH A 75 FOOT SETBACK FROM THE SLEW OR THE CANAL, WHATEVER YOU CALL IT. IT, I MEAN, THAT'S A HUGE HARDSHIP WITH GETTING INTO THAT HOUSE MORE THAN 15. I UNDERSTAND 75, BUT I THINK YOU CAN GET MORE THAN 15 THAT DRIVEWAY IN THAT PARKING AREA, YOU CAN DEFINITELY GET MORE THAN THAT. YEAH. AND THE REASON THAT I WOULD PUSH FOR A POSTPONEMENT IS SO THAT WE CAN SEE WHAT YOU CAN DO, UH, BY, UH, TAKING OUT THE IMPERVIOUS COVER, UM, BECAUSE THIS IS A HUGE DRIVEWAY AND A HUGE PARKING AREA. AND, UM, FOR A SINGLE, UH, BEDROOM GUEST HOUSE, THAT'S A LOT OF, UM, A LOT OF PARKING AND A LOT OF DRIVEWAY. AND THERE'S NO REASON WHEN THOSE ARE REWORKED THAT YOU CAN'T PUSH THAT, UM, GUEST HOUSE, UM, FARTHER AWAY FROM THE, UH, SLEW, EVEN THOUGH YOU LIKELY WON'T STILL NEED A VARIANCE FOR THAT. UH, MELISSA. YEAH. SO WE DO HAVE A PROPERTY LINE SET BACK AS WELL ON THE OTHER SIDE. I MEAN, WE'RE GOING TO BE DEALING WITH THAT. AND THEN, SO WE'RE CONSTRAINED WITHIN THIS AREA BETWEEN THE FLU AND THE PROP AND THE, EXCUSE ME, JUST, I WAS GOING TO TRY SOMETHING A LITTLE DIFFERENT, AND I THINK IT'S MY TURN NOW. UM, SO I, MY SUGGESTION IS THAT WE JUST GO AHEAD AND I WOULD LIKE TO MAKE A MOTION FOR THE SLEW SETBACK OF 15 FEET, AND THEN JUST LEAVE THE IMPERVIOUS COVER WHERE IT SITS AS, AS A, AS A DENIAL FOR THE IMPERVIOUS COVER. OKAY. SO YOU'RE, YOU'RE, YOU'RE MAKING A MOTION TO APPROVE, UM, A BUT NOT B WELL, I HAVE TO TAKE AN ACTION ON B. SO I WOULD SAY I WOULD LIKE TO MAKE A MOTION [02:25:01] TO APPROVE A, I WOULD MAKE A SECOND MOTION TO DENY B OKAY. AT THE END, WE HAVE A SECOND BY WILLIAM. UH, SO I WOULD LIKE TO MAKE A FRIENDLY AMENDMENT BECAUSE THERE IS A 10 FOOT SIDE YARD SETBACK ON THE NORTH PROPERTY LINE, AND THEY LOOK TO BE A 20 TO 30 FEET AWAY FROM THAT. SO I DON'T SEE WHY THE SETBACK ON THE SLEW CAN'T BE 25 FEET. UM, YOU KNOW, THAT'S, WHAT'S REQUIRED FOR A SINGLE FAMILY HOUSE AND, AND, AND THEY CAN, YOU KNOW, REPOSITION THE BUILDING OR WHATEVER, BUT I WOULD, THAT'S WHAT I WOULD PUT FORWARD AS A FRIENDLY AMENDMENT. SO MY THOUGHTS, AND THEN I'LL YIELD THE FLOOR TO BOARD MEMBER. PRUETT MY THOUGHT IS, IS I DON'T WANT TO DESIGN IT. I, I JUST, IT'S PRETTY CLEAR CUT THAT ONE IS EXCESSIVE AND ONE, IT'S A MANMADE CHANNEL. UM, AND IT HAS TREES THERE THAT THEY'RE GOING TO HAVE TO BE PARTICULAR ABOUT. AND IT'S AN AREA THAT IS ACTUALLY FLAT, UM, WHERE ON WESTLAKE DRIVE, IT IS REALLY VERY HILLY AND HARD TO GET DOWN HERE AND THEY CAN WORK IT OUT AS LONG AS THEY HAVE A PERIMETER START WITH, RIGHT. IT, AND IF YOU WOULD LIKE ME TO MAKE THAT MOTION, AYE. WELL, TH TH THE, THE, THE ISSUE FOR ME IS ALSO, IT GETS IT FARTHER AWAY FROM THOSE TREES. SO IF THOSE TREES HAVE SOME MERIT, WHICH THEY'RE SHOWING ON THE SITE PLAN, UM, THEN, UM, YOU KNOW, IT GIVES THE TREES THE, UH, POTENTIAL, UH, YOU KNOW, A CHANCE AND A LITTLE MORE LIFE TO, I, I DON'T THINK, YOU KNOW, MOVING IT BACK 10 MORE FEET, WHICH IS ALL I'M SAYING, UH, TO GO FROM 15 TO 25 IS A HUGE, BUT, UH, BUT AGAIN, THAT'S JUST A FRIENDLY AMENDMENT CHAIRMAN. UM, YEAH. WELL, LET, LET, YEAH, YEAH, GO AHEAD. WELL, THIS WAS THE EXACT YOU THAT I WAS GOING TO RAISE AS A, UH, A BIT OF FRIENDLY ADVICE TO THE APPLICANT, BECAUSE AS A BOARD, WE CAN APPROVE DENY, OR WE CAN APPROVE SOMETHING COMPLETELY DIFFERENT. AND IF, IF WE WANT TO APPROVE SOMETHING WITH, YOU KNOW, NO IMPROVEMENT ON THE PERVIOUS COVER, NO INCREASE IN IT. AND, UH, YOU KNOW, FURTHER AWAY FROM THE SLEW, THEN THEY'RE ASKING FOR THAT'S SOMETHING WE CAN DO. UM, AND, AND SO IF THEY WOULD LIKE TO MAYBE RECONSIDER WHETHER OR NOT THEY WOULD BE WILLING TO LOOK TO A POSTPONEMENT, I'M SURE THAT BOARD MEMBER HAWTHORNE WOULD BE WILLING TO WITHDRAW HER MOTION POTENTIALLY IF THEY THINK THAT THEY WOULD BE WILLING TO POSTPONE IT AND COME BACK. BUT I JUST WANTED TO MAKE THAT CLEAR TO THEM THAT THAT'S SOMETHING THAT WE, AS A BOARD HAVE, HAVE THE ABILITY TO DO. WE'RE NOT DESIGNING ANYTHING, WE'RE JUST APPROVING THIS, BUT NOT AT A, AT A 15 FOOT SETBACK, BUT AT A 30 OR 35 FOOT SETBACK. AND WE CAN DO THAT. OKAY. ALL RIGHT. UM, THANK YOU. SO, UM, WE HAVE, UH, UH, A MOTION TO APPROVE, UH, A AS, UH, WRITTEN AT 15 FOOT SETBACK AND INTO DENIED B GO AHEAD. WAS THERE A SECOND TO THE MOTION? YES, I, I THINK THERE WAS, I THINK IT WAS, UH, WILLIAM. I JUST WANTED TO MAKE SURE I JUST THREW IT OUT THERE. MR. CHAIR, IF I MAY, THIS IS LEE WITH THE DEPARTMENT. UM, I THINK THE APPROPRIATE MOTION IN THIS CASE WOULD BE TO APPROVE A, WITH THE CONDITION THAT B IS EXCISED FROM THE MOTION. UM, BECAUSE WE'RE TALKING ABOUT TWO DIFFERENT MOTIONS THAT REQUIRE TWO DIFFERENT AFFIRMATIVE VOTES IN THIS PATHS. OKAY. SO, UH, THE APPROVING A WOULD REQUIRE A SUPER MAJORITY, UH, DENYING B WOULD REQUIRE A SIMPLE CHORE. SO IF YOU WANTED TO MINIMIZE CHAIR, IF YOU WANTED TO JUST DENY SOME PART B UM, YOU COULD JUST CONDITION YOUR ORIGINAL MOTION TO APPROVE JUST A EXILE PART B. OKAY. SO CAN I ASK THAT APPLICANT? YES. MA'AM SORRY. AYE. AYE. SO MY, MY MOTION [02:30:01] AND I DON'T KNOW WHAT KIND OF SUPPORT I HAVE FOR IT. OTHER THAN I HAVE A SECOND, I'D BE JUST FOR THE CHANNEL SET BACK AND NOT FOR THE IMPERVIOUS COVER. UM, THERE, THERE WAS TALK OF AN INCREASE CHANNEL SETBACK OF, I THINK A CHAIR BURWELL SAID TWENTY-FIVE FEET. UM, I'M ALWAYS, I'M ALWAYS MORE OF A SPLIT THE BABY KIND OF GALS FLAT. I, IF I WERE GOING TO MODIFY THE REQUEST, I WOULD PROBABLY GO FOR 20 FEET. UM, 20, 25 FEET IS CONSISTENT WITH SFG ZONING THOUGH, BUT IT IS A MANMADE CHANNEL, WHICH IS WHY I WOULD GO TO 20. UM, DOES ANY OF THAT INTEREST YOU, OR WOULD YOU PREFER A POSTPONEMENT TO, UH, TAKE A LOOK AT YOUR CASE? UH, SO GOING UP TO THE 25% ACTUALLY TAKES AWAY AN ADDITIONAL 13,000 SQUARE FEET OF IMPERVIOUS COVER DUE TO THE NET SIDE AREA OF DATA. I'M TALKING ABOUT THE CHANNELS THAT THE CHANNEL SET BACK, NOT THE DAY IMPERVIOUS COVERS, NOT, YEAH, BUT BECAUSE OF THE CHANNEL, BECAUSE OF THE DDA, IF I TOOK IT UP TO 25%, ALL THE WAY ALONG THE CHANNEL THAT WOULD REDUCE THE GROWTH SIDE AREA BY 13,000 SQUARE FEET, UM, TAKE YOU BACK TO THE, TO THE IMPERVIOUS COVER VARIANCE. YEAH. THAT WOULD TAKE ME BACK TO THE IMPERVIOUS COVER ISSUE OF WE CAN LIVE WITH ONE, BUT NOT BOTH, UM, TAKE THAT INTO CONSIDERATION, BUT IT SOUNDS LIKE, I GUESS I DON'T HAVE SUPPORT FOR THE 15TH, BUT SETBACK. UH, I MEAN, I DON'T, I DON'T KNOW THAT I, I, WE HAVE A SECOND, I'M JUST ASKING AS WAS A FRIENDLY AMENDMENT THAT I WAS CONSIDERING. SO I HAD TO KNOW THE IMPACT OF WHAT THE FRIENDLY AMENDMENT WOULD DO. SO I, I THINK AT THIS POINT, UM, I WOULD PROBABLY AM INCLINED TO WITHDRAW MY MOTION AND SUBSTITUTED WITH A POSTPONEMENT. SO YOU HAVE A CHANCE TO LOOK AT IT SO THAT YOU UNDERSTAND THE CONCERN WITH THE CHANNEL SETBACK. AND THEN IF IT IS THEN BECOMES AN IMPERVIOUS COVER ISSUE, THEN YOU, YOU HAVE A CHANCE TO HAVE EXHIBITS FOR IT. OKAY. SUBSTITUTE MOTION FOR POSTPONEMENT IS DECEMBER. IS THAT 12TH, UH, ENOUGH TIME FOR YOU? IT'S DECEMBER 14TH, DECEMBER 14TH. IS THAT ENOUGH TIME FOR YOU? YES, IT IS DECEMBER 14TH. THANK YOU FOR YOUR PATIENCE, MR. CHAIR, IF I MAY, UM, JUST TO BE PERFECTLY CLEAR, YOU ALSO HAVE THE ABILITY TO SPLIT THE QUESTION AND I WANT TO, I JUST WANTED TO BRING THAT UP IN CASE BECAUSE IF THERE ARE TWO SUB TWO SUB MOTIONS, YOU CAN QUESTION. OKAY. OKAY. VERY GOOD. THANK YOU, BLAKE, FOR CLARIFYING THAT. ALL RIGHT. SO WE HAVE A, UH, MOTION TO POSTPONE. UM, AND A SECOND FOR BROOKE. I SEE. UM, IS THERE ANY FURTHER DISCUSSION BEFORE WE CALL THE ROLL? OKAY, LET'S GO AHEAD. AND THIS WOULD BE MR. CHAIR. I JUST GO AHEAD. I THINK THERE'S BEEN ENOUGH DISCUSSION, BUT I JUST MAKE SURE THAT THE APPLICANT UNDERSTANDS, UM, PERVIOUS COVER IS AN ISSUE. AND SO WE WANT TO MAKE SURE THAT WE LOOK AT WE, IT AS MUCH AS POSSIBLE. UM, SO THAT'S, THAT'S JUST MY 2 CENTS ON THAT. UM, I, CAN I ASK YOU A QUESTION REAL FAST, UH, ON THE BOARD, HOW THE BOARD FEELS ABOUT PERVIOUS PAVERS AND OR IS THAT SOMETHING THAT THEY'D BE AMENABLE TO CONSIDERING ON THIS? WELL, I, I, I HELPED THEM. I WAS SPEAKING OUT OF TURN, BUT I THINK THAT OUR CONCERN IS WHAT IS, WHAT IS THE NUMBER, HOWEVER THAT IS ACHIEVED. HOWEVER, YOU GET TO THAT CERTAIN NUMBER IS NOT, I DON'T THINK IT'S THE PURVIEW OF THIS BOARD. YOU KNOW, IF YOU GET TO X NUMBER, THEN YOU GET TO X NUMBER, RIGHT? IT'S, IT'S WHAT THE, IT'S WHAT THE CITY WILL ALLOW. I JUST WANT TO SAY IF, IF YOU DO THAT, UH, THE PERVIOUS PAVING AND YOUR DRIVEWAY IS STILL THAT WIDE AND YOUR PARKING AREA, SO THAT LARGE AND YOUR HOUSE IS STILL ON YOUR GUEST HOUSE IS STILL ONLY 15 FEET OFF THAT SLOUCH. YOU'RE GOING TO HAVE TO, WHATEVER YOU WANT TO CALL IT. I THINK YOU MIGHT STILL RUN INTO ISSUES WITH THIS BOARD. I JUST WANT TO GIVE YOU THAT HEADS UP. YEAH. OKAY. ALL RIGHT. LET'S CALL THE ROLE OF THIS IS A MOTION TO POSTPONE UNTIL DECEMBER, UH, MEETING. UH, BUT BAILEY. YES. [02:35:01] OKAY. UH, JESSICA COHEN? YES. ALRIGHT. UH, AUDIT CAROLL. YES. UH, MELISSA HAWTHORNE. YES. WILLIAM HODGE. YES. UM, DON LEIGHTON BURWELL. YES. RON MCDANIEL. YES. ALL RIGHT. DARRYL PRUITT. YES. VERONICA RIVERA. YES. YASMIN SMITH. YES. AND DONNIE HAMILTON. YES. ALL RIGHT. VERY GOOD. ALL RIGHT. SO WE'LL SEE YOU BACK NEXT MONTH. ALL RIGHT. THANK YOU. THANK YOU. AND SORRY THAT I BUTCHERED YOUR NAME. I'LL TRY TO GET IT RIGHT THE NEXT MONTH. WELL, I THINK SHE HAS THE NEXT YOU GET TO CHARGE. SO, UH, [D-6 C15-2020-0069 Courtney Mogonye-McWhorter for Malia Muir 1230 Rockcliff Drive (Part 2 of 2)] LET'S GO AHEAD AND DO A DEEP SIX. THIS IS C 15 DASH 2020 DAYS, ZERO ZERO SIX NINE. THIS IS, UH, WHERE I'VE WRITTEN IT OUT HERE. PHONETICALLY AND HOPE HELP ME HERE. UH, THIS IS COURTNEY, BUT GROANING AND MCWHORTER FOR, UH, MALIA MURER AT, UH, 1212 THREE. OH, UH, ROCK CLIFF DRAW. AND THIS IS A VARIATION OF BLAND. YES. GOOD EVENING BOARD AGAIN. UM, MY COLLEAGUE, ERIC GOMEZ IS GOING TO BE PRESENTING, UH, ERIC KERRY, ERIN AND I ARE AVAILABLE FOR QUESTIONS. AND WE ALSO HAVE, UM, AGENTS, UH, ANOTHER AGENT IN THE ROOM WITH THAT RUSSELL MARTIN. THAT'S ALSO AVAILABLE FOR QUESTIONS. THANK YOU BOARD FOR ALLOWING US TO SPEAK ONCE AGAIN. UM, I'M ON SLIDE ONE. UM, MOVING TO SLIDE TWO, THE APPLICANT IS SEEKING A BARRIERS TO LAND DEVELOPMENT CODE SECTION 25 DASH TWO DASH FIVE FIVE ONE EIGHT. AND THIS IS, UH, UH, VERY, TO REQUEST A REDUCTION IN THE SORBONNE SETBACK ON THE TWO. NOW FROM 25 FEET, 10 FEET, I'M GOING ON TO SLIDE THREE, SLIDE THREE SAYS AN AERIAL OF HIS PROPERTY. YOU CAN SEE FROM THE AERIAL, THE PROPERTY IS QUITE SMALL DM, UH, ABOUT 11 AND A HALF THOUSAND SQUARE FEET, SYRIA. UM, YOU CAN SEE THE CANAL ON THE BOTTOM OF THIS AERIAL PHOTOGRAPH, UM, GOING ON TO SLIDE FOUR, UM, YOU KNOW, THE CURRENT ZONING ISN'T ALLOWING A REASONABLE USE OF THIS PROPERTY, THAT THE PROPERTY WAS ACTUALLY PLANTED IN 1976 AS AN SF TWO ZONE LOT. UM, THE 25 FOOT SHORELINE SETBACKS ARE UNREASONABLY LIMITING THE INTENDED PURPOSE OF THIS RESIDENTIAL DEVELOPMENT UNDER THE CURRENT LDR ZONING. ALTHOUGH THE APPLICANT INTENDS TO MAINTAIN A 25 FOOT SETBACK FROM THE MAIN WATER BODY IN ORDER TO HELP WITH VISIBILITY FROM THE CHANNEL. UM, THE APPLICANT IS SEEKING TO ACTUALLY CONSTRUCT A MODEST SINGLE FAMILY RESIDENTIAL HOUSE, WHICH AGAIN IS A FAIR AND REASONABLE USE HERE IN THE LAKE. OFTEN ZONING CATEGORY PRESCRIBED THIS KIND OF RESIDENTIAL DEVELOPMENT, UH, MOVING ONTO THE NEXT SLIDE SLIDE TRY. THERE ARE HARDSHIPS THAT ARE UNIQUE TO THIS PROPERTY. UM, THE GROWTH SITE AREA IS WELL UNDER THE MINIMUM LOT SIZE OF ONE ACRE FOR LAKE COSTING ZONING. IT'S, YOU KNOW, IT'S ABOUT A QUARTER OF AN ACRE, IN FACT, UM, THERE'S ROUGHLY 45, 4,500 SQUARE FEET, OR MORE THAN A THIRD OF THE PROPERTY WITHIN A 25 FOOT SETBACK LEAVING ONLY ABOUT 5,800 SQUARE FEET OUTSIDE OF A LARGE PORTION OF THE PROPERTY IS ALSO WITHIN THE 45, BUT FRONT STREET SET BACK AND THERE'S LARGE TREES ON THE PROPERTY, UM, THAT ARE CONSTRAINING DEVELOPMENT OF THE SITE. UH, AND THE CITY IS NOT PROVIDING FEWER SERVICES PROPERTY. AND SO ONE OF THE REQUIREMENTS THAT DRAIN FIELD TO BE 50 FEET FROM A BODY OF WATER IN EVERY DIRECTION. SO THAT'S ANOTHER HARDSHIP CONSTRAINT THAT WE ARE WORKING WITH. UM, THE LEGAL, THE LAW IS ILLEGAL NON-CONFORMING WHEN IT WAS PLANTED. UH, AND THE INTENT OF THE INTENDED RESIDENTIAL USES CONTEMPLATING THERE WAS THERE WASN'T A SETBACK REQUIREMENT FROM THE SLEW WHERE THE CANAL THERE AND THE STREET SET BACK WAS ONLY 25 FEET. AND THAT WAS THAT, THAT WAS WHAT WAS IN PLACE WHEN IT WAS WHEN THE, WHEN THE LAW WAS ORIGINALLY PLANTED. UM, FINALLY, YOU KNOW, THE OTHER HOUSE IN THIS WERE BUILT, UH, WITHOUT THE STRICT OCCUPATION OF LA NON. AND AS YOU CAN SEE FROM SIMILAR DEVELOPMENT PROJECTS IN THE AREA, UM, THAT THE VARIOUS ISN'T GOING TO ALTER THE CHARACTER OF THE AREA BECAUSE OF ALL THESE CONSTRAINTS AND HARDSHIPS THAT PROPOSED CONSTRUCTION IS GOING TO HAVE A LOW IMPACT ON THE NEIGHBORING PROPERTY, ESPECIALLY GIVING A SMALL SCALE SIZE OF THE POUCH AND THE PROPERTY. SO WE DON'T ANTICIPATE ANY ADVERSE IMPACT. UM, I'M ON SLIDE SEVEN WHERE YOU CAN SEE A SURVEY OF THE PROPERTY, UH, THE CANALS ON THE RIGHT SIDE, THE MAIN BODY OF WATER BODIES AT THE TOP OF THE SURVEY, UH, GOING ON TO THE SLIDE PAGE, UM, WE'RE SHOWING A SITE SITE PLAN HERE THAT SHOWS THE CURRENT SETBACK REQUIREMENTS OF TWENTY-FIVE [02:40:01] FEET, THAT CRE AND NET SITE AREA OF ABOUT 6,851 SQUARE FEET, LEAVING THE APPLICANT WITH AN ALLOWED IMPERVIOUS COVER 2,397 SQUARE FEET, UM, GOING ON TO SLIDE NINE, UM, YOU KNOW, THIS SLIDE, THIS SITE PLAN SHOWS, UH, UM, YOU KNOW, YOU HAVE THE IMPERVIOUS COVER CALCULATIONS, UM, WITH THE VARIOUS, UM, FLIGHT 10 AS A PHOTOGRAPH OF THE SUBJECT SITE, UH, TH THE CHANNEL ON THE LEFT THERE IS ACTUALLY QUITE NARROW AND SHALLOW SORT OF BOAT ONLY ABLE TO IDLE IN AND OUT YEAH. OUT OF NOWHERE TO GET INTO THAT CHANNEL. SO IT'S KIND OF NATURALLY LIMITING, UH, THE SPEED OF, OF THE ENTRANCE. UM, ON, ON FIVE 11, YOU CAN SEE MORE PROPOSED PHOTOGRAPHS OF THE SIDE WITH A TREE, UM, SLIDE 12 SHOWS A BETTER, BETTER IMAGE OF THE CANAL THERE IN SLIDE 13, WE'RE LOOKING AT OTHER DEVELOPMENT IN THE AREA, 1304 ROCK CLIFF. YOU CAN ACTUALLY SEE THE EXTENT OF THE DEVELOPMENT IMPERVIOUS COVER. THERE WAS A HOUSE SITTING RIGHT THERE ON THE MAIN WATER BODY SLIDE, 14 SHOWS ANOTHER HOUSE THAT'S QUITE EXTENSIVE IN DEVELOPMENT. SO YOU'RE GETTING A FEEL FOR THE CHARACTERISTIC BY THE DEVELOPMENT OUT THERE, AND THE NEIGHBORHOOD AND SPINE SLIDE 15, AGAIN, SHOWS, YOU KNOW, MUCH LARGER SCALE DEVELOPMENT. AND WHEN WE'LL WORK QUESTING ON THESE, ON THIS RELATIVELY SMALL Y AND, YOU KNOW, BECAUSE WE'RE REALLY ASKING FOR THIS, UH, SETBACK VARIANCE, UM, WITH FULL INTENT TO HONOR THE ONE ON THE MAIN WATER BODY, JUST TO CONSTRUCT, YOU KNOW, A MODEST SINGLE FAMILY HOUSE AND, AND, YOU KNOW, CONSIDERING ALL THESE HARDSHIPS, THIS IS, YEAH, WE'RE TRYING OUR BEST TO WORK FOR YOUR CONSIDERATION TIME. AND WE'RE ASKING THAT SHE WOULD, UH, YOU KNOW, GRANT US THIS AREA SO WE CAN MOVE ON WITH THIS, WITH THIS DEVELOPMENT PROJECT. THANK YOU. OKAY. VERY GOOD. THANK YOU. I'M SURE WE'LL HAVE SOME QUESTIONS FOR YOU. SO LET'S CLOSE THE PUBLIC HEARING. UM, SO A QUESTION THAT I, UH, HAVE RIGHT OFF THE BAT, AND, AND THIS IS, UH, MAYBE A PRESENTATION ISSUE, BUT ON, UM, PAGE EIGHT AND PAGE NINE, WE BASICALLY HAVE EXACTLY THE SAME SITE PLAN, BUT THE CALCULATIONS ARE THE ONLY THING THAT IS DIFFERENT. IS THAT CORRECT? AND SHOWING WHAT INCREASED INTEROPERABILITY IS COVER, YOU CAN GET BY REDUCING THE SETBACK ON THE, UH, CANAL SIDE. IS THAT CORRECT? THAT'S CORRECT. OKAY. OKAY. AND SO, UM, UH, IS THIS SITE PLAN INDICATIVE OF WHAT, WHAT YOU INTEND TO DO? YES. IT SHOWS, I MEAN, LIKE PMD BUILDS AND WHAT WE INTEND TO BUILD THIS, PUT THEM THE CONSTRAINTS OF THE, OF THE PROPERTY. OKAY. BECAUSE AGAIN, IT WAS VERY DIFFICULT. I MEAN, PARTLY BECAUSE THEY WEREN'T SIDE BY SIDE, BUT ALSO THAT THERE'S NO COLOR CODING OR ANYTHING TO SHOW, YOU KNOW, UH, HOW, HOW THIS AFFECTS THAT, BUT IT LOOKS LIKE ONE OF THE LARGE CYPRESS TREES IT'S GOING TO BE RENEWED. IS THAT CORRECT? YES. THAT IS OUR HOPE IS TO REMOVE THAT TREE GUESS LOCATED IN THE LIVING ROOM AREA. YEAH. YEAH. THAT WOULD BE THE ONLY ONE THAT'S BEING REMOVED. OKAY, PERFECT. OKAY. THAT'S ALL I HAD. UH, UH, I HAD, UH, TWO QUESTIONS. THE FIRST ONE WAS, IS IT'S SOMETHING. WE ACTUALLY TALK ABOUT A LOT HERE ON THE BOARD, AND THAT IS THAT THE BOT, THIS IS A CLEAN SLATE. DID YOU UNDERSTAND THAT IT WAS GOING TO BE DIFFICULT TO BUILD ON WHEN YOU WANT IT, BECAUSE THIS IS AN EMPTY FIELD TO ME OR AN EMPTY LOT AND DO WHATEVER YOU WANT WITH IT. SO I UNDERSTAND THE HARDSHIP FROM THE MANMADE NOW, BUT THEN THAT BRINGS ME TO MY SECOND QUESTION. IS, DID YOU TRY TO WORK WITH YOUR NEIGHBORS BECAUSE THERE ARE SEVEN OBJECTIONS IN THE LATE BACKUP AND THAT THAT'S ON THE HIGHER END OF A NO MORE THAN I'VE SEEN PRETTY MUCH EVER SINCE IT'D BEEN ON THE BOARD. AND THAT CONCERNS ME QUITE A BIT. SO, BUT HAVE YOU TRIED TO WORK WITH THEM AT ALL? AND YEAH, THIS IS TERRY AREA. LET ME TRY AND ANSWER THAT QUESTION WITH REGARDS TO YOUR FIRST QUESTION, THE PROPERTY OWNER UNDER, I MEAN, THIS LOT'S BEEN THERE FOR A LONG TIME SINCE 1976, AND IT HASN'T, [02:45:02] UH, IT HASN'T BEEN DEVELOPED BECAUSE IN 1984, UH, THE, THE CITY DOWN, UH, UP SUMMED IT DOWN, ZONED IT TO LA FROM SF TO, AND IT, IT JUST MADE IT VERY DIFFICULT, UH, TO, UH, TO, TO BUILD ON. SO, YEAH, SO, I MEAN, WE UNDERSTAND THAT THERE ARE CONSTRAINTS, BUT WE'RE THINKING THAT THEIR AGE IS THE, IS THE PROPER ROUTE TO GO TO REDRESS A HARDSHIP. YOU KNOW, THIS IS, THIS IS A HARDSHIP BECAUSE THE ZONING CATEGORY OF LA WAS INTENDED FOR LOTS THAT WERE AN ACRE IN SIZE. AND THIS IS ONE FOURTH THAT SIZE WITH RESPECT TO WORKING WITH THE NEIGHBORS. I WILL SAY THAT, UH, THE, THE OWNER, HE DIDN'T WORK WITH THE NEIGHBORS ON ONE ISSUE THAT WAS IN THEIR DEEPLY RESTRICTIONS BACK IN THE SEVENTIES FOR, FOR A PERIOD OF TIME, THE CITY FAVORED AND ENCOURAGED, UH, DEVELOPERS TO BUILD BOAT DOCKS, CUT INTO THE SHORELINE INSTEAD OF, YOU KNOW, PROJECTING OUT FROM THE SHORELINE. SO THERE WAS ACTUALLY A DEED RESTRICTION IN THE SUBDIVISION THAT REQUIRED THE BOAT SLIPS TO BE CUT IN. AND THEN YOU ENDED UP WITH, YOU KNOW, PROJECTS LIKE OUR NEXT DOOR NEIGHBOR THAT HAS A CUT IN BOAT SLIP, BUT THEN DECKS OUT OVER THE WATER AND HAS SOME LIVING SPACE OVER THAT. DID THE NEIGHBOR WORK? MY CLIENT WORKED WITH THE NEIGHBORS TO GET THAT RESTRICTION REMOVED. HOWEVER, THERE'S SIX PEOPLE THERE AND THEY LIKE HAVING THIS BEAUTIFUL LAWN THAT YOU KNOW, IS NOT BUILT ON A LITTLE THERE. MS. MR. ERIN. YEAH. THIS WORK TO THE LESS IS MORE PART IN THE PROGRAM. YEAH. WE'RE UH, WE'RE GETTING A LITTLE OFF SUBJECT HERE. UH, THERE, THERE WAS TIME TO, TO, TO MAKE THE PRESENTATION AND THEN TIME TO ANSWER THE QUESTIONS. SO JESSICA, DID YOU GET THE ANSWER? OKAY. YEAH. ALL RIGHT. WILLIAM, CAN I ANSWER HER JESSICA'S QUESTION AS WELL? THERE WAS, I THINK YOU NEED TO STOP NOW. YEAH. YOU GUYS HAD YOUR SHOT TO ANSWER THAT QUESTION. IF IS CHAIR, THIS IS ELAINE. IF I MAKE APPLICANT'S YOU WERE TOLD YOU ONLY GET ONE SPEAKER, THEY HAVE ALLOWED MORE THAN ONE SPEAKER. Y'ALL NEED TO LET THEM RUN THIS MEETING AS IT IS. OKAY. THANK YOU FOR THAT. I DIDN'T KNOW THAT. OKAY. UH, YES. UH, THEY WERE AVAILABLE FOR QUESTIONS AND THAT, YES, YOU DIDN'T HAVE PRIMARY SPEAKER. SO THANK YOU FOR CLARIFYING. LET'S GO AHEAD. UM, SO THE, THE, YOU KNOW, THE FIRST FIRST THING IS, IS A COMMENT, UH, HEARD LOTS OF SUBJECTIVES, LIKE MODEST, SMALL D UH, THIS IS NOT A MODEST, NOR A SMALL PROJECT TO MANY OF US HERE ON THIS BOARD. UM, I'M JUST GOING TO BE, I WAS, I ALWAYS CRINGE WHEN PEOPLE USE A QUALITATIVE, SUCH AS THAT, UM, TH THIS HOUSE IS MORE THAN TWICE. THIS, IT WOULD BE, UH, THIS LOT IS MORE THAN FOUR TIMES THE SIZE OF MY LOT, BUT THAT ASIDE, UM, JUST WITH, WITH THE PREVIOUS, WITH A PREVIOUS REQUEST, I MEAN, I, MYSELF, REGARDLESS OF WHAT IS GOING TO BE HER, I'M SYMPATHETIC TO THE REQUEST FOR THE SETBACK FROM, FROM, FROM THE CANAL. AND, UM, I, I, I APPRECIATE MR. AREA. I APPRECIATE YOUR, YOUR INSIGHT AS TO THE BASICALLY WHY THIS IS HERE. I DON'T SEE ANY DIFFERENT OR VER I SEE VERY LITTLE DIFFERENCE BETWEEN WHAT IS BEING PROPOSED AND WHAT IS CONVINCED CONSTRUCTED ON THE LOT NEXT DOOR. HOWEVER, THEY, THE STATEMENT WAS MADE THAT THE, THE SETBACK TO THE LAKE WAS GOING TO BE RESPECTED. AND THAT IS, YOU KNOW, THAT IS, UH, YOU KNOW, THAT IS MY UNDERSTANDING. MAYBE I'M COMPLETELY WRONG. IS THAT THAT'S 75 FEET, OR IS IT 25 FEET BECAUSE OF THE LAST IT'S 20 POUNDS BECAUSE OF THE AGE OF THE SUBDIVISION. SO, YOU KNOW, WHAT, WHAT IT SEEMS LIKE TO ME THOUGH, IS THAT [02:50:01] GIVEN THE, AGAIN, AS WE PREVIOUSLY TALKED ABOUT ON OUR PREVIOUS REQUEST, YOU KNOW, GIVEN THE FACT THAT THERE'S A MANMADE BODY OF WATER, I DON'T THINK TO ME THE INTENT OF THE ORDINANCE IS NOT TO, TO HAVE A SETBACK FROM MANMADE BODIES OF WATER, BUT RATHER LIKE AUSTIN. AND I THINK GIVEN THE FACT THAT AS WAS MENTIONED, THEY DO HAVE TO HAVE A SEPTIC SYSTEM, WHICH DOES TAKE UP SPACE IN WHICH DOES PUSH THE HOUSE SPECIFICALLY, YOU KNOW, PROJECTED DEVELOPMENT TOWARDS NOW. I MEAN, I AM I MYSELF AND I, YOU KNOW, I KIND OF, HAVEN'T REALLY THE SENSE OF THE BOARD YET, BUT I'M IN IT FOR KIND OF INCLINED TO SUPPORT THIS BECAUSE I THINK THAT, HEY, IT'S LIKE OUR PREVIOUS, UH, OUR EMOTION AND B THAT'S, THAT'S REALLY ALL THEY'RE ASKING IS THEY'RE JUST ASKING THEM FOR, UM, A SETBACK FROM A MANMADE BODY OF WATER. OKAY. ALL RIGHT. THANK YOU, WILLIAM. UH, MELISSA, I HAD A QUESTION ON THE PRESENTATION PACKET, UM, ON D SIX, NINE AND D SIX EIGHT. THERE ARE TWO LINES THAT TALK ABOUT A BUILDING SETBACK BY PLAT. WHAT ARE THEY BOTH BY PLANT THE 25 FOOT AND THE 40 FOOT, OR IS ONE THE LA 45? THIS IS A COOL, YEAH, THERE IS THE, SO THE, THE PLAT DEDICATED IT AS 25 FEET, CORRECT. IN 1976. AND THE ZONING IS A 40 FOOT, CORRECT. OKAY. CORRECT. YOU MIGHT WANT TO UPDATE THAT EXHIBIT. UM, SO I INCLINED TO SUPPORT IT AS WELL. UH, AS THE SEPTIC ALONE HAS TO BE 50 FEET FROM, FROM THE WATER. AND SO WHEN YOU PUT THE SEPTIC THERE, UM, IT DOES HAVE A 25 FOOT SETBACK HAS, IT WAS, UH, DUE TO PLAT DATE, UH, WHICH IS IN 25 TO FIVE 51, I BELIEVE. UM, AND IT IS A MANMADE CHANNEL, SO I DON'T KNOW HOW ANYBODY ELSE FEELS, BUT TO TRY TO PUT A SEPTIC FIELD ON SOME OF THESE PROPERTIES AND HAVE A LOT, BE THIS SMALL AND AN L A WATT IS, IS AN ACRE, AND THIS IS THIS TINY LOT, BUT THAT'S JUST HOW, WHERE I'M AT. AND WITH THE LOOKS I'M GETTING, I MIGHT AS WELL MAKE A MOTION FOR POSTPONEMENT FOR THIS ONE AS WELL. ALL RIGHT. WE HAVE A MOTION TO POSTPONE AND THEN I HAVE COMMENTS. THEN THERE'S A SECOND BY A BOOK. IS THAT OKAY? I JUST, I WANNA, SO IF LA ZONING WAS NOT ON THIS LOT, WHAT WOULD YOUR SETBACK FROM THAT CANAL? BE THERE, THERE WOULD BE FIVE FEET. THERE WOULDN'T BE A SETBACK FROM THE ACTUAL CANAL OR THE FORD LAKE. AUSTIN WOULD BE FIVE FEET AROUND THE ENTIRE PERIMETER OF THE PROPERTY. 20 TWENTY-FIVE FOOT STREET. YOU COULD STILL UNDER FIVE 51, STILL HAVE A SETBACK PROMOTE, LIKE, BUT YOU WOULDN'T FROM THE INTERIOR SIDE. OKAY. AND THEN THE SECOND THING IS, IS THAT CYPRESS PROTECTED, SO YOU HAVING TO GET A PERMIT OR TREE VARIANCE FOR THAT? NO, IT'S NOT PROTECTED. AND OKAY. UM, THANK YOU. I'M KIND OF IN THE THING OF LAST, THE LAST CASE, I THINK 10 IS A BIT TOO SMALL, UM, ESPECIALLY BECAUSE IT SEEMS TO BE IMPACTING THE NEIGHBORS QUITE A BIT, UM, BECAUSE OF THE OPPOSITION. SO I I'M UP FOR A POSTPONEMENT. YEAH. AND, AND THE THING THAT I WOULD ASK OF THE APPLICANT WHEN YOU COME BACK IS AGAIN, EXHIBIT A AND EXHIBIT B LOOK EXACTLY THE SAME, UH, EXCEPT FOR THE NUMBERS AT THE BOTTOM. AND, UH, AND SO, UH, IF YOU CAN MAKE IT CLEAR WHAT THOSE AREAS ARE, COLOR CODED AND PUT THEM SIDE BY SIDE, DO SOMETHING TO, BUT, YOU KNOW, I'M A GRAPHIC COOL GUY AND, UH, UM, IT WOULD BE REALLY HELPFUL TO UNDERSTAND. I, I, IN, IN, IN THEORY, I DON'T HAVE AN, UH, A BIG ISSUE ABOUT THE SETBACK ITSELF, BUT I WOULD LIKE TO GET MY HEAD AROUND EXACTLY. WHAT'S BEING PROPOSED AND WHAT'S GOING ON HERE, SO. [02:55:01] OKAY. ALL RIGHT. SO, UH, ANY FURTHER DISCUSSION OR QUESTIONS OF THE APPLICANT, UH, HEARING NONE. LET'S GO AHEAD AND TAKE THE ROLL. THIS IS TO POSTPONE UNTIL DECEMBER 14TH. UH, DAN BROOKE BAILEY. YES. UH, JESSICA COHEN. NO. ALL RIGHT. YES. ALL RIGHT. MELISSA HAWTHORNE. YES. UH, WILLIAM HODGE. WILLIAM TOPO. CHICO MAN. YES. YES, YES. OKAY. ALL RIGHT. DON LAYTON BURWELL. YES. WELL MCDANIEL. YEAH. ALL RIGHT. THANK YOU, DARRYL UPROOT? YES. ALL RIGHT. UH, VERONICA RIVERA. YES. ALL RIGHT. THANK YOU. UH, YASMIN SMITH, I'LL SAY YES, BUT I ALSO WANT TO SECOND, THE WHOLE, I'M NOT COMFORTABLE WITH A TANK, BUT CONSIDERING THE NEGATIVE IMPACT IT APPEARS TO HAVE ON FACULTY. I'M GOING TO BE REALLY LOOKING FORWARD TO THE EXPLANATION THEREOF WHEN THEY GO BACK. OKAY, GREAT. THANK YOU. AND I'M DONNIE HAMILTON? NO. OKAY. SO THAT WE HAVE NINE, SO IT PASSES. UM, AND SO, UH, WE WILL SEE YOU GUYS ALSO, UH, IN DECEMBER, I WOULD LIKE TO SAY, I MISS YOU MS. MICHAEL VON OLIN. WE OWN THIS, MICHAEL. NOT THAT I DON'T APPRECIATE YOU. APPRECIATE YOU MR. HAMILTON, BUT MICHAEL SEEMS TO DO A LOT OF HAVING LIFTING AROUND AND, AND, YOU KNOW, IT KIND OF FALLS TO ME WHEN HE'S NOW IN HERE. SO I REALLY MISS HIM. AND HE'S FUNNY. SO, AND IT'S COMING ON NINE O'CLOCK, UH, LA, DO WE HAVE A FULL STOP AT NINE 30? I THOUGHT IT WAS 10. OKAY. ALL RIGHT. I JUST WANTED TO BE SURE HERE, BECAUSE I HAD SEEN SOME STUFF, BUT I BELIEVE IT'S 10 BECAUSE THAT'S WHAT WE RESERVED IT FOR. I MEAN, THAT'S WHAT ARE VERY GOOD. WELL, LET'S, LET'S PLOW ON AHEAD THEN. UM, THIS IS, UH, WE'RE MOVING TO OUR VARIANCES ON PREVIOUS POSTPONEMENTS. THESE WERE PLACES THAT WE HEARD, UH, LAST MONTH. UH, THIS IS, UH, . THIS IS C 15 DASH 2020 DASH ZERO FIVE. OH. UH, RICK RASBERRY FOR MEREDITH DRIES AT 3002 SCENIC DRAW. AND THIS IS VERY SIMPLE LAND DEVELOPMENT CODE REGARDING DOTS FOR MR. RASPBERRY. GOOD EVENING, MR. CHAIRMAN. THANK YOU, COMMISSIONERS. THANK YOU FOR HEARING US AGAIN. THIS IS RICK RASPBERRY. I AM THE AGENT AND FOR THE OWNER ON THE MATTER, UM, WE'RE SEEKING TO REMOVE THE EXISTING NON-COMPLIANT DOCK AND REPLACE IT WITH A COMPLIANT DOC FOR THE SAME AND CONGRUENT PREVIOUS CITY AUTHORIZATIONS, AS THEY WERE ALLOWED FOR IN THE APPROVED AND RELEASE SITE PLAN PERMIT P DASH ZERO ONE DASH ZERO TWO FIVE ONE D. I FEEL IT'S WORTH MENTIONING AGAIN. THE CURRENT OWNER ACQUIRED THE PROPERTY WITH THE BELIEF THAT THE DOCK WAS COMPLIANT AND CONFORMING WITH CITY RULES, THE LAND DEVELOPMENT CODE CHAPTER 25, TWO DASH A EIGHT NINE THREE PROVIDES FOR A DOC AS AN ACCESSORY USE TO A PRINCIPAL RESIDENCE AND SITE PLAN. UH, THE SITE PLAN THAT WAS APPROVED AND OH ONE PERMITTED A 22 BY 30 DOCK ON THE SIDE. AND AS WE DISCUSSED PREVIOUSLY IN OCTOBER, THE EXISTING DOCK IS SUBSTANTIALLY NONCOMPLIANT. CURRENT OWNERS HAVE TAKEN WHAT I THINK ARE EXCEPTIONAL ACTIONS TO PROPOSE A CONFORMING REPLACEMENT DESIGN THAT WOULD UTILIZE THE EXISTING STEEL PILINGS ON LAND AND STILL, AND WHILE REMOVING AT LEAST THREE PILINGS FROM THE WATERWAY ITSELF, ELIMINATING ANY PILING REMOVAL REPLACEMENT ON LAND. WHEN A DEBT BEING A MOST ENVIRONMENTALLY PROTECTIVE APPROACH FOR THE SITE PLAN REPLACEMENT WORK, THE CITY STAFF HAS MAINTAINED THAT THE PROPOSED 22 BY 30 DOC WOULD NOT QUALIFY FOR A REBATE PLACEMENT UNDER THE SITE PLAN, REMOVE OR REPLACEMENT RULES ENUMERATE IN CHAPTER 25, FIVE 51 HAVE TO BE QUOTE TOTALLY DEMOLISHED. IT WAS OUR INTERPRETATION THAT THE REPLACEMENT RULE DO. IN FACT, ALLOW A PERSON TO DEVELOP OR USE LAND UP FOR A DOCK WITH THE SAME CONDITIONS AS APPROVED AND RELEASED BY THE CITY ON APRIL 18, 2002, WE DID NOT FIND WHERE LDC [03:00:01] CHAPTER 25 FIVE SITE CLAN, UH, REMOVAL REPLACEMENT RULES WOULD PROHIBIT DEMOLITION OF ANY PROPOSED SITE PLAN REPLACEMENT WORK. THE PROPOSED WORK TO REPLACE THE DOCK DOES NOT INCLUDE TOTAL DUMP DEMOLITION AS THE EXISTING STRUCTURAL PILINGS ON LAND WOULD REMAIN AND CONGRUENCE WITH THE APPROVALS OF APRIL 18, 2002. AND THAT SITE PLAN NOW REGARDING ANY HARDSHIP FINDINGS, WE BELIEVE THAT DENIAL OF THE PROPOSED REPLACEMENT DOCK WOULD RESULT IN AN INCREASED RISK OF ENVIRONMENT, WELL HARM OR HARDSHIP TO THE LAND OR WATERWAY. OKAY, ANY REVISED DOC DESIGNS WOULD NECESSITATE REMOVING AND REPLACING OR RE DRIVING STRUCTURAL PILING INTO THE LAND, ANY INCREASED DISTURBANCE TO THE SHORELINE AREAS NEAR THE CRITICAL ENVIRONMENTAL FEATURES, PRESENT A GREATER RISK OF HARM AND HARDSHIP TO THE WATER QUALITY AND ENVIRONMENT. I BELIEVE THERE ARE ALSO A NUMBER OF, OF ECONOMIC AND PERSONAL HARDSHIPS THAT THE OWNER IS CONFRONTING SINCE THE RELIANCE INTEREST THAT 22 BY 30 FOOTPRINT OF ACCESSORY DOT, WHICH THE OWNER DECIDED THEIR PROPERTY AFFAIRS AND ACQUIRED AT THE TIME OF PURCHASE OF ILLEGAL LOT IS SOMEHOW NOW BEING DENIED OF THAT AUTHORIZATION AND THAT, AND AS BEING REQUEST FOR THAT DOCK FOOTPRINT TO BE REDUCED, WE WOULD RESPECTFULLY REQUEST THAT THE BOARD CONSIDER ALL FINDINGS AND APPROVE THE 22 BY 30 REPLACEMENT DOCK, AS IT WAS PRESENTED. I'M AVAILABLE TO ANSWER ANY QUESTIONS. AND I THINK THE OWNER MAY HAVE SOME, SOME OTHER SPEAKING POINTS AND WE'RE AVAILABLE TO, TO ANSWER THOSE QUESTIONS. THANK YOU. VERY GOOD. LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING. SO MR. RASBERRY, I HAD A QUESTION 40 NEW, UH, IN THE PRESENTATION THAT YOU DIDN'T SPEAK TO, UM, ON, UH, UH, E ONE TWO, THERE IS A, UM, THAT I HAD SOME QUESTIONS ABOUT THE SIZE OF THE STRUCTURE ON THE SECOND FLOOR. I'M TOTALLY FINE WITH THE FOOTPRINT ON THE GROUND, UH, WHERE IT DIDN'T REALLY HAVE THE PYLONS AND SETS. UM, BUT I SEE A SECTION WHERE I HAVE THERE'S A BIG RED X OR, AND, BUT THERE WAS NO EXPLANATION AS TO WHAT YOU'RE PROPOSING THERE. YOU PROPOSING TAKING OFF SOME OF EXECUTIVE STORY. THANK YOU, MR. CHAIRMAN. IT'S, IT'S OUR HOPE THAT W WITH THE FOOTPRINT, AS IT WAS APPROVED, THAT WE COULD MAINTAIN THAT FOOTPRINT. ARGUABLY THOUGH, IF, IF IT CAME DOWN TO RURAL CONDITIONS AND HARDSHIPS THAT WERE DEFINED BY THIS PROPOSAL, AND WE WERE ALLOWED TO UTILIZE THE EXISTING STEEL PILINGS, THE MINIMUM CONDITION FOR SHORELINE FRONTAGE TO EXERCISE THAT MINIMUM DESIGN WOULD BE 25 FEET. OKAY. UH, BECAUSE AGAIN, WHEN, WHEN I HAD ASKED QUESTIONS LAST TIME, SO, YOU KNOW, YOU HAVE TWO LEVELS TO THIS ONE IS, UH, THE, UH, UH, YOU KNOW, FIRST LEVEL PLAN WHERE THE BOATS ACTUALLY, UM, YOU KNOW, KIND OF UP BY THE SIDE OF THE DOCK, THE OTHER IS THE SCREEN PORCH AREA AND EXTERIOR WALKWAY ABOVE WITH A WRAPAROUND PORCH. UH, AND I SAW ON THEIR NEED TO WRAP AROUND FROM NECESSARILY ON THE SIDE, FARTHEST FROM THE, UM, WALKWAY, ARE THEY A LITTLE CATWALK ACROSS THE LAYER? THE GASTRIC BIRDS, I GUESS, IS WHAT IT'S CALLED ON HERE. UM, AND SO I WASN'T SURE WHY IT NEEDED TO BE THAT, AND, AND UNFORTUNATELY THAT'S NOT BEEN ADDRESSED ANYTHING. SO, UM, I GUESS I'M SO, SO YOU'RE ASKED AT, LET ME JUST BE CLEAR, YOU'RE ASKING US TO, UH, THAT, THAT PRESENTATION THAT YOU GAVE US WITH THAT RED X DOESN'T ACTUALLY MEAN ANYTHING, OR, YEAH, IT WOULD REPRESENT A AUTHORIZATION OR AN ALTAR TO THE DESIGN. NOW, THE, THE WALKWAY, AS IT EXISTS NOW IS, UH, IS A COMPONENT OF THE, UH, THE ACCESS TO THE STRUCTURE. SO SOME DESIGN CHANGE WOULD HAVE TO BE MADE SO THAT THE WALKWAY, UH, CAN STILL, YOU KNOW, CAN STILL GET ONTO THE UPPER LEVEL TO THE EXTENT THAT IT'S WRAPPED AROUND. UH, YOU KNOW, IT COULD BE, YOU KNOW, THE CHIC SHIFTED SOMEWHAT. SO THE ACCESS DOES COME IN THAT SIDE. SO WHAT WE'RE SAYING IS, I GUESS, UH, MR. CHAIRMAN IS THAT THE MINIMUM FOOTPRINT ON THE SHORELINE FRONT AND FOR THIS RULE CONDITION AND NOT BEING TO NOT HAVE TO REMOVE ANY STEEL PILINGS OR GET LARGE EQUIPMENT DOWN NEAR SOME OF THESE CRITICAL ENVIRONMENTAL FEATURES [03:05:01] THAT WE COULD USE THE EXISTING PILINGS AND, AND ASK FOR UP TO THE 25 FEET OF SHORELINE. OKAY. ALL RIGHT. UM, YEAH, BROOKE, AS I RECALL, LATE IN AS WELL, YOU ASKED THEM TO SHOW YOU HOW NAVIGABLE THAT, THAT ONE WAY WAS. AND I DON'T, I DID NOT SEE THAT IN ADDRESSED IN THIS PRESENTATION. I'M NOT SURE THAT I ASKED THAT, BUT I THINK THAT DID COME UP BECAUSE, WELL, YOU'LL SAY HE DIDN'T THINK ANYTHING, BUT, UH, CAN YOU PICK IT UP THERE? WE ASKED THEM TO SHOW WHAT HEIGHT OF WATERCRAFT NEEDED, UM, THAT SIZE OF A BOAT DOCK, IF IT'S ONLY KAYAKS AND CANOES, MAYBE, YOU KNOW, THE REDUCTION IS, IS THERE SOME SYSTEM REDESIGN? SO I'M ASKING, SO MY QUESTION IS, WHY WAS THAT NOT ADDRESSED? THAT'S MY QUESTION TO THE APPLICANT. WE DIDN'T SEE WHERE THERE WERE REAL CONDITIONS LIMITING THE SIZE OF VESSELS. THAT PARTICULAR REACH OF THE WATERWAY WILL CHANGE IN ITS DEPTH DURING FLOOD EVENTS AND BEFORE AND AFTER. SO AT ANY GIVEN TIME, YOU MIGHT BE ABLE TO GET A, A YACHT IN THERE, BUT TODAY, MAYBE A BASS BOAT, I'VE GOTTEN A BASS BOAT IN THERE OVER 20 FEET. SO IT'S NOT NECESSARILY THE SIZE OF THE CRAP THAT WE'RE ASKING IT ON, ON THE LIMITATIONS, BECAUSE IT'S, IT'S REALLY UNKNOWN. WHAT, ONCE THE PILES ARE REMOVED, THIS DRAINAGE IS ACTUALLY GOING TO MOVE FORWARD IN THAT REACH OF THE WATERWAY, WHICH IS A BENEFIT, IS IT IS CLEARLY A BENEFIT TO THAT DRAINAGE AREA. SO, UM, I SUPPOSE THAT WE COULD, UH, THE OWNER COULD DO SOME POTENTIAL DEMONSTRATIONS WITH GATHER UP SOME BAFFLES AND MAKE SOME ATTEMPTS, BUT I'M NOT SURE WHAT WE WOULD GAIN BY THAT. OKAY. I'M MELISSA. SO MR. RASPBERRY, YOU HAVE AN ENVIRONMENTAL BOARD VARIANCE AND REMOVING THE PILINGS FROM THIS PORTION IS A BENEFIT TO THIS CHANNEL. AND THAT WAS A UNANIMOUS ENVIRONMENTAL BOARD VARIANCE. OKAY. IT WASN'T AN 11 TO ZERO FAVORABLE BARRIER. YES MA'AM CO-CHAIR OKAY. WAS THERE SOMETHING MORE MELISSA? I CAN MAKE A MOTION FOR APPROVAL. OKAY. UH, SO WE HAVE A MOTION FOR APPROVAL. IS THERE A SECOND, SECOND BY JESSICA? OKAY. AND COULD IT BE A PROPOSAL FOR THE REDUCED SIZE THAT THEY SHOW ON THIS PRESENTATION TO BE ABLE TO UTILIZE THE 25 THINGS THAT ARE THERE? YES. BUT THE REDUCED SIZE AS THEY SHOWED ON THE PRESENTATION TO STAY WITH THE BIG X OUT OF IT, IF THAT'S, IF THAT'S A FRIENDLY AMENDMENT. YES. THAT IS A FRIENDLY AMENDMENT AND IT'S FRIENDLY. I WILL TAKE IT VERY FREELY. IT LOOKS FRIENDLY. HMM. MR. RASPBERRY, I'M ASSUMING THAT THAT'S OKAY WITH YOU. YES. YEAH. UH, SO TO BE CLEAR, WE'RE TALKING ABOUT 20 TWO-THREE INSTEAD OF 25, 25, BECAUSE TO UTILIZE THE PILINGS THAT ARE THERE, THE 22 FEET, I THINK, IS THAT THE DEPTH OF IT, IT JUST MOVES THE WHOLE THING OUT OF THE CHANNEL, WHICH I THINK IS A BENEFIT. AND THE CHANNEL YES. IS SUFFERING NOW FROM LACK OF RAIN. BUT I THINK AT SOME POINT THE CHANNEL WILL BE MUCH MORE VIABLE AND IT'LL BE A BETTER RESTORATION PROJECT. OKAY. JUST TO BE CLEAR THOUGH, THEIR OVERALL FOOTPRINT IS 22 BY 30, THE 22. IS THAT OTHER DIMENSION? CORRECT. SO ARE YOU SAYING THAT THE 30 SHOULD BE SOMETHING OTHER THAN 30? ISN'T THAT WHAT THEY'RE SHOWING THAT IT WOULD BE 25 WITH THE NEXT TO THE FRONT PATIO? YEAH. GET A SOLUTION ON THAT. WE JUST GOT, YOU KNOW, SOMEBODY TAKING THEIR ARCHITECTURAL GUIDELINES AND YARA RED X THROUGH, WELL, THEN THEY'RE SHOWING A 25 FOOT DIMENSION WITH THAT, THAT, SO I'M ASSUMING THAT MEANS IT'S GOING TO BE 22 BY 25. OKAY. ALL RIGHT. SO, UH, WE WOULD APPROVE IT AS, UH, AS SHOWN ON THE PLAN WITH THE, UH, UNDERSTANDING THAT THE 30 FOOT DIMENSION WOULD NEED TO BE CHANGED TO 25 FEET. WHAT [03:10:01] PAGE ARE YOU ON? THERE ARE SO MANY PIECES OF BACKUP. WELL, I'M LOOKING AT, UH, THE, UH, SITE PLAN. UH UH, PAGE 15, BUT YOU COULD LOOK AT, ACTUALLY, I WOULD GO ONE TO THE PRESENTATION WHERE IT SHOWS THAT THEY'VE CUT OFF THE FRONT OF THAT WRAP AROUND PORCH. THEY SHOW A 25 FOOT DIMENSION THAT'S OFF THE FIVE FEET AND MAKES IT 22 BY 25. IS THAT CORRECT? MR. RASPBERRY? WE'RE STICKING TO THE SHORELINE. I THINK THAT REQUEST FROM 30 TO 25. YES, SIR. I THINK THAT THEY, YEAH, I HEARD THE 25 IS SHOWING TO THE EDGE OF THE X, SO IT'S STILL 25 FEET. IT USED TO BE EXTRA ON THE SECOND FLOOR. OKAY. AND HOW THEY CONFIGURE THE SECOND FLOOR IS REALLY NO CONCERN TO US BECAUSE THEY WANT TO USE THE STRUCTURAL PILONS AND YEAH. EXCEPT FOR THE WRAPAROUND PORCH WAS THE ISSUE THAT IT STICKS OUT FURTHER. IT WOULD CUT OFF SOME OF THAT WRAP AROUND PORCH. SO IT WAS A FRUIT, THE NEW, THE REVISED FOOT GRID AS, AS PROPOSED WOULD BE 25 BY 22 INSTEAD OF 35, 22. IS THAT SAFE TO SAY? YEAH. SO THE PARALLELS ARE THE SHORELINE WE'RE GETTING ABOUT 25, 25 FEET RATHER THAN YES, SIR. OKAY. MR. CHAIR, CAN WE JUST, UM, REFERENCE THE PAGE THAT WE'RE ALL LOOKING AT, SO THAT IT'S YOU, I THINK WE'RE LOOKING AT THE PRESENTATION PACKAGE, THE SECOND PAGE OF THE PRESENTATION. YEAH. THE ONE SLASH TWO FOR RESOURCE TO PRESENTATION. YES. WE'RE GOING TO SHORTEN THE UPSTAIRS BY FIVE SEATS. SO DEREK HAVE A SECOND. OKAY. HEY, YES. YOU HAD A SECOND FROM JESSICA COLA. OKAY. ALL RIGHT. IS THERE ANY MORE DISCUSSION FINDINGS? OKAY. DUNNING REGULATIONS, GRAPHICAL PROPERTY DO NOT ALLOW FOR A REASONABLY USED AS THIS IS AN EXISTING, UH, UH, RECONSTRUCTION OF, UH, OF A BOAT DOCK THAT WAS PREVIOUSLY APPROVED AND DOES VERY ENVIRONMENTAL BOARD VARIANCE. UM, AND IN UTILIZING THE EXISTING PILINGS AND THE CONFIGURATION, UH, JUST MAKE SOME WORK PLACE, THE HARDSHIP PORCH, THE VARIANCES, IT IS REQUESTED UNIQUE TO THE PROPERTY. AS IN PARTICULAR, THIS LOT HAS AN ODD CONFIGURATION AND ACTUALLY COMES IN, UH, AS IT GETS TOWARD THE END, THEREFORE MAKING THE FRONTAGE SHORTER, AS WELL AS THE EXISTING DOCK BEING RECONFIGURED. THE HARDSHIP IS NOT DARYL THE AREA IN WHICH THE PROPERTY IS LOCATED. SORRY, I'M TRYING TO MAKE MY WAY THROUGH THIS. AS, AS WE ARE TALKING ABOUT A RECONFIGURATION OF ITS EXISTING DOCK AND, AND ITS REMOVAL AND REPLACEMENT USING EXISTING PILINGS, THE VARIOUS WILL NOT ALTER THE CHARACTER THERE AT JACE. THE PROPERTY WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY IN ONE LANE HERE, THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE IN FACT, PARTS OF THE EXISTING DOCK WILL BE REMOVED AND BROUGHT BACK FROM THE SHORELINE AND THEREFORE CREATING A BETTER CHANNEL SITUATION. THANK YOU. OKAY. VERY GOOD. SO, UM, LET'S GO ON TO QUESTIONS REAL QUICK. YES. DARRELL. SO IS THIS MOTION ALSO SPECIFICALLY CONDITIONED UPON THEM NOT USING ANY ADDITIONAL OR NEW PILATES AND JUST LEARN OR IS THAT A REQUIREMENT? OKAY. I WOULD TRUST THE ENVIRONMENTAL BOARD VARIANCE SINCE IT WAS UNANIMOUS ON THAT. UM, I WOULD THINK THAT THAT WOULD BE MORE IN THEIR PURVIEW. OKAY. OKAY. VERY GOOD. UH, LET'S GO. AND AGAIN, THIS WAS THE VARIOUS WHO WAS ASKING FOR A PERCENTAGE, BUT WE'RE GOING TO TIE IT TO 25 FEET PARALLEL TO THE LAKE AUSTIN FRONTAGE. IS THAT RIGHT? [03:15:01] IT'S 25 FEET UTILIZING THE EXISTING PILINGS. ALL RIGHT. ALL RIGHT. VERY GOOD. LIMITED. NOT ON THE PILINGS, CAUSE THAT WAS THE POINT. RIGHT, RIGHT. UH, AS OPPOSED TO THE VARIANTS ASK AGAIN THOUGH, WHICH WAS ABOUT PERCENTAGES, UM, MR. CHAIRMAN, I THINK, AND I'M SORRY, MATERIAL IN THIS CASE, IT'S, UH, IT'S EASY TO USE SINCE IT'S A A HUNDRED FOOT LOT. UH, WE WERE, WE WERE THE 30% BACK IN THAT DOWN TO A 25% ASK. OKAY. THAT'S THAT? THAT WOULD BE CORRECT. OKAY. ALL RIGHT. UH, BROOKE BAILEY? YES. UH, UH, JESSICA COHEN. COHEN, YES. OKAY. UH, OUT OF CAROLL, YES. ALL RIGHT. THANK YOU, MELISSA. YES. CORRECT. UH, WILLIAM HODGE? YES. ALL RIGHT. UH, DON LAYTON BURWELL. YES. WELL MCDANIEL, YES. ALL RIGHT. UH, DARRYL PRUITT. YES. ALL RIGHT. THANK YOU. UH, VERONICA RIVERA, UH, YASMIN SMITH. YES. IN DONNIE. UH, HAMILTON. YES. YES. ALL RIGHT. THANK YOU. ALL RIGHT. UH, MOVING FORWARD, UH, EACH JUNE, YES. YEAH. SORRY. YEAH. YOU GOT YOUR BURGERS. HAVE A GOOD AMY. THANK YOU. THANK YOU. YEAH, I'M JUST TRYING TO GET US OUT OF HERE. SORRY, MY BAD. UM, OKAY. [E-2 C15-2020-0054 Mari Russ for Matthew Satter 3612 Govalle Avenue] UM, THIS IS, UH, EASY TO SEE. 15 DASH 2020 DAYS, ZERO ZERO FIVE FOUR. THIS IS MARI RUSS FOR, UH, MATTHEW, UH, UH, SATAR UH, OR SATURN, UH, AT, UH, 36 12 GO VALLEY, UH, AVENUE. UH, THIS IS A, UH, HERITAGE LIMBO LAND DEVELOPMENT CODE. AND YOU SHOULD HAVE, UH, MATTHEW SHATTER, UH, AS A PRIMARY SPEAKER. HELLO. SO THIS IS MARTY ARREST. UM, NOT CALL ACCIDENTALLY DROPPED A LITTLE BIT OF GO AND HE CALLED BACK IN AND IS ON THE CALL, BUT I'M JUST NOT SURE. I, I EMAILED THE LANE AND SHE SAID THE TECH GUY SAID IT WAS GOING TO BE OKAY. BUT, UM, MAYBE WE CAN'T HEAR HIM YET. I CAN HEAR YOU. PERFECT. ALL RIGHT. UH, GOOD EVENING. UM, IN OUR PREVIOUS HEARING, UH, THE BOARD FOCUSED, CONCERNED FOR SPECIFIC DETAILS WHILE THERE GENERAL CONSENSUS AT THE END OF THE DISCUSSION WITH THE GESTURE ON THE BEARS TO REQUEST MORE DETAILS WERE REQUESTED. SO, UH, I'D LIKE TO ARRANGE MY RESPONSE TO THAT. AND TWO MAIN POINTS FOR DISCUSSION, UH, POINT NUMBER ONE IS TO DISCUSS, UH, THAT WE DESCRIBED OUR ORIGINAL REQUEST FORM THAT WE BELIEVE IN EXISTING STRUCTURE CAN BE A HARDSHIP AND THEN POINT TO, UH, IS IT POSSIBLE TO RENOVATE THIS AGE HOME WHILE STILL CONTRIBUTE TO THE, HIS HISTORY, CHARACTER AND NEIGHBORHOODS? UH, SO WOULD BE DISCUSSION FOR, UH, THERE WERE ONE KENNEDY EXISTING STRUCTURE, EITHER AS A HARDSHIP, UH, WE THINK NEEDS TO BE VIEWED THROUGH THE ONLY OPTIONS PRESENT WITHIN CURRENT ZONING RULES THAT ACT IN CONTRADICTIONS OF THE NEIGHBORHOOD PLAN. SO OPTION ONE 30, DEMOLISHED THE EXISTING STRUCTURE AND BUILT TWO NEW UNITS WITH GROUND UP, UH, MAXIMIZING THE SQUARE FOOTAGE, ALLOWABLE, AND MOST STRUCTURES. THIS IS THE TYPICAL DEVELOPMENT. SO WE SHOULDN'T NEED TO BE, UH, OPTION NUMBER TWO RENOVATION OF THE EXISTING STRUCTURE, BUT INCREASING THE SIZE, UH, FOOTAGE IN PLACE OF THE REAR. UH, ESSENTIALLY THE SAME RESULT IS OPTION NUMBER ONE, THE NEW RENOVATION, NO RESEMBLANCE TO THE ORIGINAL STRUCTURE, AND IT'S NEARLY FREE, CORRECT? SO BOTH OF THESE SCENARIOS ERASE THE EXISTING STRUCTURE. THEY DO NOT DESERVE THE STREETS TAKEN FURTHER DETERIORATED RELATIONSHIP BETWEEN BIOLOGY AND THE HISTORY OF THIS NEIGHBORHOOD. OUR CONCLUSION FOR POINT NUMBER ONE IS THIS EXISTENCE CURRENT STRUCTURE TO NOT ALLOW HIM TO DEVELOP THE PROPERTY, TURNING ZONING REGULATIONS AND NEIGHBORHOOD PLANNING GOALS SIMULTANEOUSLY, UH, DISCUSSION FOR TOPIC. NUMBER TWO, WITH TENANT RENOVATIONS STILL CONTRIBUTE TO HISTORY AND UPHOLD THE CHARACTERISTICS. THIS QUESTION REVIEWS, THE REQUIRES A REVIEW OF THE RELATIONSHIP. THIS HOUSE HAS TO ITS CONTEXT, HOWEVER, TO NARROW FOCUS ON ANYONE THAT'S SPECIFIC ARCHITECTURAL CHARACTERISTICS OF THE EXISTING HOUSE MAY PUT IN JEOPARDY, WHAT IS ACTUALLY IMPORTANT TO THIS PROPERTY? MY FIRST POINT HERE IS THAT THE HOUSE DOES NOT CONTAIN ANY ARCHITECTURALLY SIGNIFICANT DETAIL, FOR EXAMPLE, THE COURT, [03:20:01] UM, THAT IS IMPORTANT TO PRESERVE OR ANY DETAIL THAT'S SPECIFIC TO THE PERIOD IN WHICH IT WAS RATHER ITS FORM ITS SCALE, THE ROOT SLOPE AND ORIENTATION, THE PLACEMENT ON SITE, THE MATERIAL TYPES AND THE TREATMENT OF THAT MATERIAL. THOSE ARE THE CHARACTERISTICS THAT MATTER. AND ALL THE CHARACTERISTICS THAT WE WILL PRESERVE A SECOND POINT IS THAT THIS HOUSE IS OVER EIGHT YEARS OLD AND HAS NEVER BEEN RENOVATED. UH, WE ARE MODESTLY INCREASING ITS SQUARE FOOTAGE TO ACCOMMODATE MORE CURRENT NEEDS. OUR REQUEST FOCUSES ON WHAT IS MINIMUM SIZE IN ADDITION CAN BE TO ACHIEVE THIS GOAL RATHER THAN PURSUING DEMOLITION CAN BE CONSTRUCTION. A THIRD POINT HERE IS I WOULD LIKE TO REFERENCE, UH, PAGE FOUR OF OUR PACKAGE THAT SHOWS A STREET THING AND GROUND MAP, AND IT ACTS AND A METRIC OF THE STREET, UM, GO VALLEY NEIGHBORHOODS. AND THE STREET PARTICULAR HAS MANY MULTIUNIT LOGS. TYPICALLY THE UNIT CLOSEST TO THE STREET WITH A SINGLE STORY WITH A NEWER TWO-STORY UNIT IN THE REAR OF THE PROPERTY, UH, ON PAGE FOUR, AND THEN PHOTOS OF THE STREET FROM OUR EARLIER PACKAGE OF THE STREETSCAPE HAS A CONSISTENT SENSE OF SCALE THAT WE WILL PRESERVE. UH, MY FOURTH POINT WOULD BE REFERENCING PAGE NINE AND 12 OF OUR PACKAGE SHOWING OUR RELATIONSHIP TO THE IMMEDIATE NEIGHBORS, UH, PREVIOUSLY MEMBERS OF THE BOARD TO VOICED CONCERN ABOUT PRIVACY. UH, THE IMMEDIATE NEIGHBORS TO THIS PROPERTY BOTH HAVE TWO LEVEL UNITS IN THE REAR. SO IT'S ALREADY A DEVELOPMENT PATTERN THAT EXISTS. UH, FURTHERMORE, ON THE CURRENT ZONING RULES, THAT'S NOTHING THAT PROHIBITS US FROM BUILDING A TWO LEVEL, ANY VIEW IN THE SAME LOCATION AND THEREFORE SHOULD NOT BE TETHERED TO OUR PROPOSAL. UH, I WANT TO ALSO KNOW THAT OUR NEIGHBOR TO THE EAST HAS PROVIDED A LETTER OF SUPPORT, WHICH HAS SUBMITTED AND ACKNOWLEDGED VIOLIN. UH, BUT DOESN'T SHOW UP IN A PRESENTATION, WHICH I ASSUME IS JUST A MISTAKE, UH, UNLOADING. UH, AND THEN AS A FINAL NOTE, UH, TO THIS POINT ABOUT DESIGN CONCERNS, UH, I, SOME BACKGROUND INFORMATION ON MY EDUCATION AND PROFESSIONAL EXPERIENCE AND HOPE PROVIDING SOME COMPLIMENTS, MY ABILITY TO SOLVE THIS PROBLEM, UH, IRELAND AND DESIGN MY PRACTICE ARCHITECTURE IN GENERAL, PROFESSIONAL EDUCATION, SPECIFIC EDUCATION AND ARCHITECTURAL PRESERVATION POLICY AND ITS INVOLVEMENT WITH THIS. I NOW HAVE INVOLVEMENT WITH THIS PRACTICE. UH, I DO NOT WISH TO FURTHER WAY TO BUILD CHARACTER IN HISTORY. I SUPPOSE, WHAT ALIGNS ITSELF WITH THE NEIGHBORHOOD PLAN, ITS GOALS, IT'S DEVELOPED PATTERN AND ITS SCALE. I HOPE THAT THIS REVIEW CAN BE ON ANY FOCUS ON SPECIFIC DESIGN DETAILS AND MAINTAIN A PERSPECTIVE FOR ZONING REVIEW WITH AN ASSURANCE THAT THE PROPERTY OWNER AND ARCHITECT WILL HAVE THE ABILITY AND ATTEMPT TO COMPETE TO COMPLETE THIS REQUEST SUCCESSFULLY, UH, WITH THAT I THANK YOU FOR YOUR CONSIDERATION AND TURN IT OFF. I WANNA MAKE SURE YOU TAKE A BLAST NOW. WELL, IT SCARED ME. I DIDN'T WANT TO GET THAT OFF. CLOSE THE PUBLIC HEARING. UH, WILLIAM, GO AHEAD. BAILEY HAD HER HAND UP BEFORE I DID. OKAY. ALL RIGHT, BROOKE, GO AHEAD. OKAY. UM, I SEE THAT YOU HAVE LETTERS OF SUPPORT FROM, UH, STEVE TEDESCHI AND ALSO THE NEIGHBORHOOD. DID YOU SHOW THEM WHAT YOUR PLANS FOR THAT, THE EXISTING HOUSE? WHERE DID YOU SHOW THEM THE ALTERATIONS YOU WERE GOING TO DO TO THAT HOUSE? I SHOWED THEM THE EXACT SAME PACKAGE THAT YOU'RE SEEING NOW. YEAH. SO OPERATIONS, THE MOVING OF THE DOOR, THE, THE MOVING OF THE WINDOWS THAT IT WOULDN'T BE THE SAME HOUSE. YES. HMM. INTERESTING. OKAY. THANK YOU. GO AHEAD. SO COMMISSIONER BAILEY, UM, IT STARTED OFF ADDRESSING WHAT I'M GOING TO ADDRESS. THE FIRST THING ON MY END IS THAT I, IN GENERAL AND IN, IN SUPPORT, AND WE'LL PROBABLY SUPPORT THIS SOLELY ON THE BASIS OF THE FACT THAT I, I SEE THE REQUIREMENT THAT AN ADU OR THE SMALLER UNIT ON A TWO FAMILY DEVELOPMENT BE IN THE REAR TO THE SIDE. I SEE IT AS BEING MORE MATURE. THAT BEING SAID, UM, I THINK THERE, I COULD, I COULD ACTUALLY GO ON FOR QUITE A LONG TIME. I DON'T KNOW IF I MENTIONED THIS LAST MEETING, I'M AN ARCHITECT AND I'M ONE OF THREE ARCHITECTS ON THE FLOOR. UH, SO AS A FELLOW PROFESSIONAL AND AS SOMEBODY WHO HAS CREDENTIALS IN PRESERVATION, YOU KNOW, YOURSELF, YOU, UM, UM, I DON'T REALLY THINK IT'S IT'S FOR US TO DECIDE WHAT'S IMPORTANT ABOUT A HOUSE AND WHAT'S NOT. AND I THINK THAT THE, THE ASSUMPTION THAT THERE ARE CERTAIN PARTS OF THE ROOF SLOPE, ET CETERA, ARE IMPORTANT. WHEREAS THE, THE PORCH IN THE FRONT DOOR ARE NOT IMPORTANT, WOULD THAT, THAT PORCH IN THAT FRONT DOOR OF THE EXISTING HOUSE ARE HOW YOU ENTER THE HOUSE. BUT IT SEEMS THAT WHAT YOU'RE PROPOSING IS THAT YOU ACTUALLY ENTER [03:25:01] IT MORE TOWARDS THE BACK. SO YOU'RE ACTUALLY PULLING THE ENTRANCE AWAY FROM THE STREET AND ONE MIGHT ONE MIGHT ARGUE. AND OF COURSE, AS YOU KNOW, UH, BEING FELLOW ARCHITECTS, YOU KNOW, SOME OF HERE SUBJECTIVE, BUT I DON'T, I DON'T THINK YOU CAN ARGUE THAT YOU'RE, THAT YOU'RE REALLY PRESERVING NEIGHBORHOOD BEING, YOU KNOW, THE, THE HISTORIC FABRIC OF THE NEIGHBORHOOD CHARACTER WITH THIS PROPOSAL, UH, BECAUSE THE RELATIONSHIP NOT JUST OF THE FORM, THE RELATIONSHIP OF THE BASE FORM TO, TO, TO THE STREETSCAPE MAY BE THE SAME. BUT FROM WHAT IT'S LOOKING LIKE IN THE ELEVATIONS, IS IT, YOU KNOW, THE NAME OF THE LINDSEY DOCUMENTATION THAT WE HAVE, UM, THE RELATIONSHIP OF THE USE OF THE HOUSE TO THE STREET HAS CHANGED. AND THAT'S AS MUCH AS YOU KNOW, BETTER THAN I DO, THAT'S AS MUCH OF A, OF A COMPONENT THAT HISTORIC CHARACTER IS, IS ANYTHING. BUT I HAVE TO SAY THAT. AND THEN I HAD TO SAY MY PIECE ABOUT HOW YOU DARE, YOU DON'T GET TO SAY WHAT SUPPORT THAT BEING SAID. I WILL CLOSE BY SAYING, I'M GOING TO SUPPORT THIS SIMPLY BECAUSE I FEEL THAT THE RULE, I FEEL THAT IT'S ARBITRARY TO, MAY YOU BE IN THE FRONT OR IN THE BACK, BUT I THINK THERE ARE SERIOUS CONCERNS. AND I, AND I WILL CALL OUT, DRAW CLOSE BY THIS. UM, I FEEL WHILE THE, NO, THIS, YOU KNOW, THIS AREA, YOU MENTIONED A CONDUCT HISTORY OF THE NEIGHBORHOOD, THE CABAL, UH, NEIGHBORHOOD IN NEW RELATIONSHIP, THIS SUITE OF SETTLERS, ET CETERA. AND WE SHOWED A LOG CABIN. THIS SHOULD A BUILDING FROM 1838 THAT YOU'RE SHOWING. AND THE BUILDING HERE THAT WAS BUILT A HUNDRED YEARS LATER, THAT YOU'RE WANTING TO CHANGE TO SOMETHING DIFFERENT. I THINK THAT'S TENUOUS. I DON'T, I DON'T SEE THIS PROPOSAL IS, IS BEING, IS PRESERVING THE HISTORICAL NEIGHBORHOOD CHARACTERIZED THE OLD THAT THAT'S A BIT OF A STRETCH TO BE HONEST, BUT ALSO I GET, I'M GOING TO SUPPORT IT ANY WAY, JUST BECAUSE I FEEL LIKE THIS, THIS IS YOU, YOU WOULD BE PRESERVING THE HOUSE, BUT, UM, MAYBE USE OTHER GROUNDS. OKAY. UH, ANY OTHER QUESTIONS OR, UM, UH, YEAH, WELL, JUST, I JUST WANT TO GO BACK BECAUSE WE ASKED HIM TO BRING A HARDSHIP BECAUSE WE FEEL LIKE, BECAUSE HE WAS NOT ACTUALLY PRESERVING THAT FRONT HOUSE, HE'S PRESERVING, HE'S HAVING A STRUCTURE, A SMALL STRUCTURE ON THE FRONT, BUT HE'S NOT PRESERVING ANYTHING. AND THAT WAS THE PREMISE FOR HIS HARDSHIP. AND SO I STILL, THEY ASKED HIM TO BRING US BACK WITH HIS HARDSHIP AND WHAT PREMISE HE'S GOING TO BASE THAT HARDSHIP ON, UM, WHICH JUST HEARING THE SAME THINGS THAT I HEARD LAST MONTH. GOTCHA. ACTUALLY, UNLESS THERE'S A QUESTION, UM, YOU'VE HAD YOUR TIME, UH, MELISSA, GO AHEAD. SORRY. SO, SO I THINK THAT IN, IN IT'S A VERY OLD HOUSE, IT HAS TO BE UPDATED. IT'S PROBABLY GOT A BATHROOM ABOUT THE SIZE OF MY FINGER NOW AND THE KITCHEN, PROBABLY THE SAME THING. SO THE 150 SQUARE FEET BEING PLACED TOWARDS THE REAR WITH THE SIDE EYE AND THE MATERIALS BEING THE SAME. I'M ALL RIGHT WITH THAT. I THINK THAT, YOU KNOW, WHEN YOU LOOK AT MASSING AND YOU LOOK, YOU COULDN'T DRIVE AROUND MY NEIGHBORHOOD, CAUSE I CAN TELL YOU THEN WE'RE BACK TO THAT FARMHOUSE THING. RIGHT. WITHOUT REALLY, UH, YEAH. THE PROBLEM WITH THE ADDITION, I HAVE A PROBLEM WITH THEM TAKING THAT FRONT DOOR AND MOVING IT TO THE SIDE BECAUSE THE THING THAT GIVES A NEIGHBORHOOD LIKE THAT CHARACTERS THAT PEOPLE ARE OUT THE FRONT DOOR, YOU KNOW, THE FRONT DOOR IS RIGHT THERE. IT'S VERY WELCOMING. MOST OF THEM HAVE PORCHES. AND IF YOU MOVE IT TO THE SIDE, YOU WERE NO LONGER PRESERVING THAT STREETSCAPE AND CHARACTER IN THE WAY THAT IT WAS INTENDED TO BE. AND THAT'S, THAT'S MY BIG ISSUE. IT'S NOT THAT THEY'RE ADDING ONTO IT. I THINK THEY HAVE TO ADD ONTO IT. I DON'T HAVE A PROBLEM WITH THAT AT ALL, BUT THEY'RE NOT PRESERVING THE CHARACTER OF ANYTHING. RIGHT. THEY'RE PRESERVING THE SCALE, THIS SMALLER STRUCTURE IN THE FRONT, A ONE-STORY SMALLER STRUCTURE IN THE FRONT SCALE OR A WISE IT'S, UH, BEING PRESERVED. BUT YEAH. UM, THERE'S THERE'S LITTLE, LITTLE PAID TO THE HISTORICAL. GO AHEAD, MELISSA. SO IN MY THOUGHTS, I MEAN, I JUST SIT HERE AND WATCH IN MY NEIGHBORHOOD HOUSE AFTER HOUSE GET TORN DOWN AND I MEAN, IT, YOU KNOW, WOW. AND I'M LOOKING AT THIS AND THIS IS ACTUALLY A LOT OF EFFORT TO NOT TEAR DOWN A HOUSE. I'VE BEEN BACK HERE TWICE, THE POOR GUY. I THINK I'M GOING TO SIGN HIM UP FOR A MARATHON IF HE COULD ACTUALLY TALK THAT FAST AND NOT FOR YOU. UM, HE'S CERTAINLY GOT SOME STAMINA THERE. I PERSONALLY AM GOING TO MAKE A MOTION FOR APPROVAL IF I COULD GET A SECOND. UM, I MEAN, IF YOU, IF HE WANTS [03:30:01] TO MAKE A FRIENDLY AMENDMENT THAT, THAT, THAT THE DOOR STAYS OPEN TO FRIENDLY, FRIENDLY. OKAY. YEAH. YEAH. I DON'T LIKE TO DESIGN FROM HERE. I'M JUST SAYING, I THINK THAT HE NEVER ANSWERED THE HARDSHIP QUESTION. I'M NOT AGAINST THIS. WE DO IT IN MY NEIGHBORHOOD ALL THE TIME. CAUSE I DID IT, BUT THEY PRESERVED THEM. THEY PRESERVED THE PORCH, THEY PRESERVED THE FRONT DOOR FACING HISTORY. AND SO THAT IS WHERE I WANT TO SAY, I HAVE A LOT OF HEARTACHE ON THIS BECAUSE I'VE SEEN IT DONE SO MANY TIMES IN MY NEIGHBORHOOD, SOME GOOD, SOME BAD, BUT I'M NOT OPPOSED TO IT. I'M OPPOSED TO HIM SAYING THAT HE'S PRESERVING SOMETHING THAT HE'S NOT PRESERVING. AND THAT SAYS, OKAY, WILLIAM, UH, I MEAN IT'S, CAN I MAKE, CAN I MAKE A FRIENDLY AMENDMENT BEFORE IT'S BEEN JUST, OR HAS IT BEEN HARD IN THE SECONDARY ALREADY A FRIENDLY AMENDMENT? I'M A FRIENDLY PERSON. I W I ACTUALLY, I FEEL I CONCUR WITH COMMISSIONER BAILEY AND I FEEL VERY STRONGLY ABOUT MYSELF. MY FRIENDLY AMENDMENT WOULD BE THAT THE, UH, THAT THE EXISTING THREE WINDOWS AND THE FRONT DOOR AND THE PORCH STAY AS, AS THEY ARE, AS THEY'RE EXISTING, THE FRONT FACADE, BASICALLY THE CHARACTER OF THE FRONT FACADE. I FEEL THIS IS NOT DESIGNING FOR THE DIOCESE. I FEEL THAT THE APPLICANT'S ARGUMENT WAS THAT THEY'RE DOING THIS FOR PURPOSES OF, OF, OF PRESERVING HISTORIC, YOU KNOW, CHARACTER, NEIGHBORHOOD CHARACTER. AND SO I FEEL THAT THIS IS OUR WAY OF, OF, UH, SAYING, WELL, THAT'S WHAT YOU SAY YOU WANT TO DO, THEN THIS IS HOW WE WILL MAKE SURE YOU DO IT. YEAH. MY CONCERN ABOUT THESE KINDS OF DEVELOPMENTS IS THAT THEY'RE THERE, IT'S ALMOST LIKE A DISNEYLAND. THIS IS THE NEIGHBORHOOD USED TO BE, YOU KNOW, AND, AND, AND IT WAS LIKE A MOVIE FACADE, YOU KNOW, AND YOU GET BEHIND IT AND IT'S JUST SOMETHING ELSE. RIGHT. UH, BUT THAT SAID, I WOULD RATHER MAINTAIN THE, THE, UH, THE FRONT FACADE OF THIS MOTTO STRUCTURE, IF THAT'S REALLY WHAT THIS ASK IS ABOUT, WHICH IS WHAT I UNDERSTAND IT TO BE. UM, SO I WOULD, I WOULD SUPPORT FRIENDLY TRYING TO ACCEPTING THAT FRIENDLY AMENDMENT, MR. SATER, UM, AND KEEPING THE CONTEXT OF THE FRONT FACADE. IS, IS THAT SOMETHING THAT YOU CAN DO W WITH ALL DUE RESPECT? UM, I CAN NOT THE PORTICO ISN'T ON REGIONAL, THE WINDOWS ARE IN THE SAME POSITION. IF YOU LOOK AT THE ELEVATION ON PROPOSAL MATERIAL AND WE'RE DEFINING CHARACTER, AND WE'RE, I FEEL LIKE IF YOU MENTIONED BEFORE ON THIS CALL THAT FORCING A DESIGN AND ALSO, UH, SUBJECTING YOUR OWN OPINION ON WHAT PRESERVATION IS, UM, WHICH, WHICH WILLIAM HAS ADMITTED IS COMPLETELY SUBJECTIVE. UH, WE'RE DOING, I, YOU KNOW, THE FRONT DOOR IS THE ONLY THING THAT SEEMS TO BE A POINT OF CONTENTION WHERE EVERY OTHER ASPECT OF THIS. AND, UM, IT SEEMS A LITTLE BIT, UM, IT'S SOMETHING TO ME TO JUST SORT OF, OKAY. ALL RIGHT. WELL NOW WE'RE TO THE LESSONS, MORE PART OF THE PROGRAM. THANK YOU FOR THAT, SIR. I UNDERSTAND THAT I'M THE ONE MAKING THE MOTION. I HAVE A LOT OF COOKS IN THE KITCHEN. OKAY. UH, I HAD A QUESTION FOR LEGAL REAL, IF LEE CAN HOP ON. YEAH. HE'S THERE. UM, I, AS I READ THIS, AN ADU, DOES IT SAY TO YOU, IT SAYS THE SECOND STRUCTURE HAS TO BE NO LARGER THAN A CERTAIN SIZE, IS THAT CORRECT? THAT'S GENERALLY CORRECT. YES. OKAY. THAT'S WHAT I WANT TO KNOW. THANK YOU. YEAH. THE, THE INTENT OF THE ORDINANCE WAS THAT BIG HOUSE IN THE FRONT, YOU KNOW, A SMALL HOUSE IN THE REAR, RIGHT. YOU KNOW, GARAGE APARTMENT, BASICALLY. AND THAT, IF YOU TRIED TO FLIP THOSE, UM, THEY DIDN'T WANT THE REAR HOUSE TO BE ANY BIGGER THAN THE FRONT HOUSE, OR IT MIGHT BE OUT OF SCALE OR CHARACTER OF THE NEIGHBORHOOD. THAT WAS, THAT WAS REALLY WHY THIS CAME ABOUT. AND THE TRUTH IS THAT THERE IS A PRECEDENT IN THIS NEIGHBORHOOD FOR BIGGER UNITS IN THE BACK. SO I UNDERSTAND, I JUST, I THINK BASED JUST ON THE WAY THE ORDINANCE IS WRITTEN, I JUST, I DON'T THINK THAT YOU SHOULD BE ABLE TO DO THIS. YOU SHOULDN'T BE ABLE TO BUILD A SECOND STRUCTURE LARGER THAN A FIRST ONE. THAT'S WHAT THE ORDINANCE SAYS. I SAW NOT GOING TO SUPPORT IT. OKAY. ALL RIGHT. UM, SO, UM, ANY OTHER DISCUSSION BEFORE WE, WHAT WE HAVE A MOTION BY MELISSA TO, UH, SUPPORT THE, UM, AS, [03:35:01] UH, AS IT IS PRESENTED IN OUR AGENDA AND A SECOND BY WRONG, UM, AND, UH, JESSICA AFTER HANNAH AND THIS WILL BE WITHOUT THE FRIENDLY AMENDMENT, CORRECT. UH, MY UNDERSTANDING IS THAT THE FRIENDLY AMENDMENT IS DEAD. I AM SORRY. I AM NOT ACCEPTING YOUR FRIENDLY AMENDMENT. I'M USUALLY WHEN WE FINALLY, OKAY. ALL RIGHT. SO IT'S AS, UH, AS PRESENTED IN OUR AGENDA, UH, AS, AS THE ASK. UM, OKAY. UH, LET'S GO AHEAD AND CALL THE ROLL. BAILEY, COME BACK TO ME, PLEASE. OKAY. JESSICA COHEN. RELUCTANTLY. YES. OKAY. UH, AUDIT GIRL. YES. RIGHT. UH, MELISSA. YES. WILLIAM. YEAH. SOME DUDE DO SOMETHING I HAD NEVER DONE BEFORE, WHICH IS ON, I ALSO CONCUR WITH COMMISSIONER. THIS IS RELUCTANT. UH, AND IT IS FOR WHAT I FIRST SAID. I, I THINK THAT THE FIRST AND SECOND SHOULD BE AT ANY PLACE ON A LOT. I, I, SO THAT'S WHY I'M VOTING. YES. OKAY. UH, DON LAYTON BURWELL. I'M GOING TO SAY NO. UM, RONALD MCDANIEL. YEAH. YES. DARRELL, NO VERONICA. YES. YASMIN, UM, COME BACK TO ME. OKAY. UM, WE'LL BE COMING BACK TO BECAUSE TWO MORE, BUT, UM, DONNY, UH, NO. NOPE. ALL RIGHT. UH, BROOKE I'M I KNOW, UM, I THINK THAT MEET THIRD SHIFT. OKAY. AND YES, MA'AM, YOU KNOW, YOU GOT A POINT THERE BECAUSE I DIDN'T DO ANYTHING. I DIDN'T DO ANY FUCKING THING. SHE DIDN'T SORRY. OKAY. SO WE NEED TO ACTUALLY STOP. YEAH. WE NEED TO STOP AND GO BACK. OKAY. SO, UH, HAVE MORE TIME THAN WE FIRST THOUGHT. YES. YES. OKAY. SO WE NEED TO DO OUR FINDINGS. I APOLOGIZE FOR THAT. THAT WAS MY, UH, ATTEMPT TO GET US OUT OF HERE ON TIME. SORRY. I JUST WENT WHEN, HOLD ON, I GOT TO GET BACK TO FINDINGS. I ONLY HAVE LIKE 90 WINDOWS OPEN AT THIS POINT. AND OF COURSE I CLOSED THAT ONE WINDOW. I MS. MICHAEL ZONING REGULATIONS, APICAL AND PROPERTY DO NOT ALLOW FOR A REASONABLE USE BECAUSE WHOA, PROVIDING A SECONDARY UNITS ON THE REAR SIDE OF THE PRIMARY UNITS ONLY ALLOWS 1100 SQUARE FEET, LESS LIMITING OF THE AMOUNT OF REDEVELOPMENT IN ORDER TO PRESERVE THE STRUCTURE IN THE FRONT, UH, AND KEEP ITS CONTEXT WITH THE SCALE AND MASS OF THE NEIGHBORHOOD, ALLOWING A LARGER STRUCTURE IN THE BACK WHILE STILL MEETING ALL THE OTHER DEVELOPMENT REGULATIONS, THE HARDSHIP FOR WHICH THE VARIANCE IS REQUESTED. YOU NEED TO THE PROPERTY. AND IT ACTUALLY HAS AN ORIGINAL STRUCTURE UNALTERED FROM THE, FROM WHAT THE TWENTIES, THIRTIES, UM, AND THAT STRUCTURE AND CONTEXT AND THE MASS OF THE ROAD IS CONSISTENT. UM, STRICT, STRICT APPLICATION OF THE, OF THE RULES WOULD, WOULD BASICALLY PROBABLY LEAD TO DEMOLITION OF THE EXISTING STRUCTURE AND REDEVELOPMENT OF THE LOT. THE HARDSHIP IS NOT GENERAL. THE AREA IN WHICH THE PROPERTY IS LOCATED IS THAT MANY OF THE LOTS DON'T CONTAIN THE ORIGINAL STRUCTURES AS THEY HAVE BEEN DEMOLISHED AND TOO, AND, AND THE ONES THAT HAVE SOME KIND OF CONTEXT ARE PUTTING LARGER UNITS TOWARDS THE REAR AREA CHARACTER. THE VARIANCE WILL NOT ALTER THE CHARACTER. THE AREA TO THE PROPERTY WILL NOT APPEAR TO THE USE OF, FOR ANY PROPERTY AND WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT. TOO MUCH OF THE PROPERTY IS LOCATED AS IT IS IN, IS 40 BY THE NEIGHBORHOOD ASSOCIATION. UM, MOST OF THE PROPERTIES IN GENERAL IN THIS AREA HAVE A SMALLER UNIT IN FRONT, BUT THE LARGER UNIT IN THE REAR. AND I ALSO BELIEVE THAT THERE WOULD BE GREAT CARE IN, IN THIS [03:40:04] REPURPOSING AND CONSTRUCTION. AND THAT'S ALL I GOT. OKAY. HERE WE GO. ALL RIGHT. WE'RE GOING TO RUN BACK THROUGH THE, UH, JUST, UH, FOR THE CORE I'M HERE. WE RUN BACK THROUGH THE, UH, UH, SO BAILEY, UH, JESSICA. YES. YES. UM, MELISSA. YES. YES. DON LAYTON BURWELL. NO, UH, WELL MCDANIEL. YES. UH, AERO PRUITT, NO, UH, YASMIN SMITH. AND SO I'M VERY, VERY RELUCTANT. YES. OKAY. UH, VERONICA, DID I MISS YOU? YES, SIR. YOU'RE A YES. RIGHT. AND ADANI HAMILTON. OH, NO. OKAY. SO WE'VE GOT FOUR, UH, NO VOTE. SO THE VARIANCE DOES NOT PASS. UM, AND AGAIN, I'M SORRY. NO, FOR RECONSIDERATION. AND WHEN YOU HAVE TO DO IT WITHIN 10 DAYS, AND YOU HAVE TO EITHER PROVIDE NEW INFORMATION, OR I WOULDN'T SUGGEST THIS ONE, BUT IT IS ALSO A POTENTIAL FOR YOU. YOU CAN TELL US WHAT THE BOARD AIRED. OKAY. AND ALSO CAN RUN MARATHONS WITH NOT BREATHING AND SAYING A BUNCH OF WORDS. OKAY. WE'VE GOT 30 MINUTES TO YOUR FOLKS. SO WE'VE GOT ANOTHER CASE YOU HAVE TO HEAR AS WELL AS OUR NEW BUSINESS. SO LET'S KEEP MOVING. UM, ALL RIGHT. THIS IS ITEM E THREE C 15 DAY 21 WAS POSTED JANUARY. OKAY. ALL RIGHT. I APOLOGIZE. I HAVE IT WRITTEN RIGHT HERE. OKAY. UM, SO MOVING ON TO NEW BUSINESS, UH, ACTIVITY, REPORT, ITEM F1, [F-1 Discussion of the October 12, 2020 Board activity report] IS THERE ANY DISCUSSION OR ANYTHING ON THAT? ALL RIGHT. SEEING NONE. I'M SORRY. I HAVE TO SAY THANK YOU TO STAFF FOR COMPILING THAT IT'S ALL. YES. YES, ABSOLUTELY. UM, UM, [F-2 Discussion and possible action for adopting BOA meeting schedule for Jan 2021– Dec 2021 (2nd Monday of the month)] OUR, UH, NEW, UH, MEETING AGENDA FOR NEXT YEAR. DID EVERYBODY SEE THAT? OH, HERE IT IS. DO WE NEED, DO WE NEED TO TAKE A VOTE ON THAT? YES, WE DID MOVE TO APPROVE IT. THE NEW SCHEDULE, THE MEETING SCHEDULED FOR 2021, EVEN THOUGH IT'S STILL ON MONDAY. OKAY. UH, AND A SECOND BY MELISSA, LET ME, LET ME ASK THIS. IS THERE ANYONE WHO OBJECTS TO THE NEW SCHEDULE? ALL RIGHT. SEEING CHAMBERS, I'M GOING TO HOLD YOU TO THE TECH COUNCIL CHAMBERS. I'M STILL PUSHING FOR THAT. I DON'T ACCEPT THE SCHEDULE. IT'S NOT A COUNCIL CHAMBERS. OH, NO, I AGREE. I AGREE. I AGREE. I, AND I'M STILL PUSHING FOR COUNCIL CHAMBERS AND, AND POSSIBLY ANOTHER NIGHT, BUT, UM, BUT, UM, AT THIS POINT WE WILL DO THAT. ALL RIGHT. UH, SO, UM, THAT PASSES BY ACCLAMATION, UM, UH, [F-3 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).] UM, POSTPONED, UH, BOA TRAININGS, UH, UH, ELAINE IS WORKING BEHIND THE SCENES TO TRY TO MAKE THAT HAPPEN. UH, BUT WE ARE STALEMATED AT THIS POINT. UH, ELAINE, DO YOU HAVE ANYTHING TO ADD TO THAT OR, UH, WE'LL JUST, YEAH, I, I DON'T, I'M SORRY. OKAY. WELL, NO, I APPRECIATE YOUR EFFORTS ON THAT. AND, UM, AGAIN, WE'LL, WE'LL, WE'LL KEEP PUSHING, PUSHING ON THAT TO SEE IF WE CAN MAKE THAT HAPPEN. UM, OKAY. UM, IF [F-4 Discussion and possible action regarding UNO Sign regulations – requesting presentation by City Staff (Jerry Rusthoven).] FOR, AND AGAIN, THIS IS, UH, REALLY COULD BE A PUSH TO NEXT TIME, BECAUSE AGAIN, THIS IS PART OF WHAT WE DISCUSSED EARLIER, WHICH IS WHY I'VE BEEN WANTING JERRY TO COME AND ENLIGHTEN US ON, UH WHAT'S BEFORE PLANNING COMMISSION RIGHT NOW, UH, THAT TO BE RECTIFIED RELATIVE TO THE, YOU KNOW, UM, SIGN REGULATIONS. BUT, UM, HE, UM, WELL COME TO TALK TO US. SO, UM, ALL RIGHT. UH, F FIVE, [F-5 Discussion and possible action regarding staff guidance on LA (Lake Austin) cases (in particular, the intent of increased setback requirements – environmental or other purpose?)] UM, THIS IS AGAIN, UH, MY DESIRE TO HAVE GREATER, UM, GUIDANCE ON ISSUES LIKE LAKE AUSTIN CASES AND OTHER THINGS LIKE THAT THAT ARE, UH, ELAINE HAS A VERY STRONG BACKGROUND IN RESIDENTIAL REVIEW. UH, BUT, [03:45:01] UM, WHEN WE GET INTO SOME OF THE ESOTERIC THINGS LIKE, LIKE AUSTIN AND STUFF LIKE THAT, HAVING SOME STAFF SUPPORT TO ANSWER QUESTIONS FOR US ON THOSE, RATHER THAN US JUST ASKING THE APPLICANT, WHAT THE RULES AND REGULATIONS ARE, I THINK WOULD BE HELPFUL AND ALSO INTENT BEHIND WHY THOSE REGULATIONS WERE PUT IN PLACE, BUT THERE'S ENVIRONMENTAL REASONS. THERE'S OTHER THINGS LIKE THAT, THAT THEY'RE TRYING TO DO. AND YEAH, I WOULD HAVE ASKED TONIGHT ON BOTH THOSE CASES, IS, IS THERE ENVIRONMENTAL REASONS FOR A GREATER THAN A 10% BACK OR GREATER THAN A 15 FOOT SETBACK, EXACTLY INFORMATION. AND TO HAVE THAT KIND OF FEEDBACK, I THINK WOULD BE VERY HELPFUL FOR US. UM, SO I'M, I'M GOING TO KEEP PUSHING FOR THAT. UM, SO WE'VE GOT, UM, F SIX, UH, [F-6 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.] THE, UH, THIS IS THE BUDGET CALENDAR, THE WORK GROUP THAT WAS WORKING, UH, TO TRY TO MAKE SOME THINGS HAPPEN TO, UH, ALLOW, UH, UH, UH, GREATER ACCESS TO LOW INCOME APPLICANTS AND POSSIBLE FUNDING. IS THERE ANY MORE HEADWAY, JESSICA? I SEE YOUR HAND UP LET'S TABLE THAT UNTIL NEXT TIME, THE ELECTION KIND OF KEPT THINGS BUSY. YEAH, THERE WAS THAT TOO, RIGHT? YEAH. THE ELECTION. YEAH. OKAY. ALL RIGHT. WE'LL DO, WE'LL DO THAT AT EVERY VISIT THIS NEXT TIME. AND THEN, UM, ON, UH, F SEVEN, AGAIN, WE [F-7 Discussion and possible action regarding Workgroups Update: Transportation Criteria/Code Recommendations Workgroup (Smith, Hodge & Corral)] HAVE KIND OF PUSHED THAT AS WELL, BUT I ADDED, UH, TWO THINGS LIKE THE GAS ISLANDS AND, UM, OH, OH, OH, OH, OH. I GOT A LINK TODAY TO A DRAFT OF THE TRANSPORTATION CRITERIA MANUAL, AND I SENT IT TO YOUR LANE. I WENT TO TAKE A LOOK IF I COULD FIND WHAT THEY WERE RECOMMENDING FOR THE QUEUE ON FUEL ISLANDS. AND IT, IT WAS LIKE A THING TO WATCH. LIKE I COULDN'T JUST GO THROUGH AND LIKE, AND I DIDN'T HAVE TO. OKAY. OKAY. WELL, I'VE ADDED TO THAT, THAT THE ISSUE THAT CAME UP EARLIER ABOUT, UM, MAXIMUM IMPERVIOUS COVER WHEN WE'RE HITTING THE MAXIMUMS ON THAT. AND, UH, I HAVE TAKEN IT UPON MYSELF. I, YOU KNOW, I'M JUST SHAKING MY HEAD, BUT I'VE TAKEN IT UPON MYSELF TO DO, LIKE I SAID, TO, TO, UH, HAVE A POW-WOW WITH SOME PEOPLE AT, UH, UPPER STAFF LEVELS, UH, TOMORROW, UM, TO DISCUSS SOME THINGS THAT WE SEE AND IT'S, SO IT'S, IT'S PARTLY, UH, OUT OF WHAT THIS WORK GROUP WAS DOING, BUT TO DISCUSS SOME THINGS THAT WE SEE ON A REGULAR BASIS COMING UP BEFORE A BOARD OF ADJUSTMENT, AND I'VE PARLAYED THAT INTO THINGS THAT I SEE, UH, JUST IN NEIGHBORHOODS ALL OVER TOWN, THAT THEY'RE CONSTANTLY, UM, HAVING ISSUES WITH CODE ENFORCEMENT OR CODE COMPLIANCE ISSUES AND STUFF LIKE THAT, UH, RELATIVE TO THINGS TO SEE IF THERE'S SOME WAY TO CLOSE THAT GAP. AND, UM, YOU KNOW, I'M JUST A MURDERER THIRD PUNISHMENT. SO ANYWAY, I WILL REPORT BACK TO YOU GUYS ON WHAT I HAVE, UH, COME UP WITH ON THAT. AND ELAINE, DID I SEND TO THE GROUP, UH, ANYTHING ABOUT WHAT MY INITIAL WORKSHEET THAT I'VE GIVEN TO STAFF? NO, NOT TO THE GROUP. OKAY. ALL RIGHT. WELL, I WILL DO THAT JUST SO THAT FOLKS CAN SEE THAT, BUT AGAIN, I'VE JUST TAKEN IT ON AS MY ROLE IS AS CHAIR. SO I HOPE NO ONE HAS ANY ISSUES WITH THAT. UM, I'VE GOT TOO MUCH TIME ON MY HANDS, UH, AS RETIREMENT THING, HUH? YEAH. YEAH. TELL THEM ABOUT THAT. UM, AND, UH, SO SORRY, JESSICA ALMOST DID THE SAME THING. WE CAN ALL BE AT THE LANDSCAPE FOUR SEASONS LANDSCAPING SHOP LIKE JESSICA IS RIGHT. [F-8 Discussion and possible action regarding on the draft LDC; BOA LDC Workgroup Report (Workgroup Members: Leighton-Burwell, Hawthorne, Cohen, Hodge and Smith)] AGAIN, I THINK THAT WE CAN JUST PUSH THAT TO NEXT TIME BECAUSE, UM, THIS WAS ON OUR LDC WORK GROUP. WE'RE NOT REALLY SURE WHAT'S HAPPENING WITH THE NEXT VERSION OF CODE NEXT, UM, AND EXACTLY HOW THAT'S GOING TO BE HANDLED. I THINK UNTIL SOME OF THE LEGAL ISSUES ARE HANDLED. UM, SO LIKE I THINK THAT DOING ANYTHING MORE ON THAT AT THIS POINT IS, IS, UH, SPINNING OUR WHEELS. UM, WE HAD DISCUSSED [F-9 Discussion and possible action regarding alternative meeting dates and locations] ALTERNATIVE MEETING DATES AND LOCATIONS, UH, AND AGAIN, YOU KNOW, BASED ON OUR APPROVAL OF THE NEW DATES, UH, I THINK THIS IS ONLY GOING TO COME INTO PLAY. IF WE CAN SEE WHAT OTHER BOARDS MAY BE MOVING TO HIGHLAND, UM, AND WHAT, UH, OPPORTUNITIES THAT MAY OR MAY NOT OPEN FOR US AT CITY HALL FOR POSSIBLY OTHER NIGHTS TO MEET. SO UNLESS SOMEBODY HAS ANYTHING TO ADD TO THAT, [03:50:01] I THINK WE'RE, WE'RE JUST KEEP IT ON, ON THERE AS, UH, MAYBE WISHFUL THINKING AT THIS POINT. UH, ARE THERE ANY ANNOUNCEMENTS, [F-10 Announcements] OH, GO AHEAD. I WAS JUST GOING TO ANNOUNCE THAT THERE WAS AN ELECTION AND SOMEBODY DIDN'T WIN. SOMEBODY NEEDS SOMEBODY ELSE TO TELL THEM THAT. ALL RIGHT. I HAVE ONE ANNOUNCEMENT HAPPY VETERAN'S DAY AND HAPPY BIRTHDAY, JESSICA. HAPPY BIRTHDAY, JESSICA. YES, THAT'S GREAT. IT'S TIME YOU SEE ME, ME TOO. UH, AND I ALSO WANTED TO SAY WELCOME TO DONNY HAMILTON PERSON. I'M REALLY GLAD YOU'RE HERE, BUT I MISS BIKE ALL ABOUT 800 TIMES. SORRY, MELISSA. BUT YOU REALIZE THAT IF MICHAEL LEAVES I LEAVE, RIGHT, WELL THEN NEITHER OF YOU CAN LEAVE [F-11 Discussion of future agenda new business items, staff requests and potential special called meeting and/or workshop requests] ANYTHING ELSE THAT WE WANT TO ADD TO OUR RATHER LENGTHY NEW AGENDA AT THIS POINT. UM, I WOULD LIKE TO BE PLAYING TO SEND OUT THAT DRAFTED THE TRANSPORTATION CRITERIA MANUAL SO EVERYBODY CAN, YEAH. IF YOU WOULD DO THAT, THEN WE CAN TAKE A LOOK. I'M WORKING ON IT NOW THAT I KNOW WHAT ITEM IT'S TIED TO. OKAY, GREAT. THANK YOU. AND JESSICA, UH, JUST AGAIN, UM, WANTING TO REMIND THAT IF IT'S POSSIBLE, I WOULD LOVE TO GET MATT HOLLAND TO COME TALK TO US ABOUT DRAINAGE AND WATERSHED PROTECTION. OKAY. ALL RIGHT. WELL, LET'S, UH, IF, IF WE CAN, UH, MAKE THAT HAPPEN, LET'S GET IT ON THE AGENDA. UM, I THINK ALL OF YOU FOR YOUR SERVICE AND YOUR, UH, TAKING, UH, YOU KNOW, UH, MONDAY NIGHTS, AT LEAST ONE WEEK AWAY FROM YOU EVERY MONTH OF LEE, THANK YOU FOR YOUR COUNSEL, ELAINE, THANK YOU FOR BEING THERE FOR US THROUGHOUT THE MONTHS, BECAUSE I KNOW THAT THIS HAS NEVER NOT ON YOUR PLATE. AND, UH, AND AGAIN, DANI, WELCOME, WELCOME TO THE FRAY. AND, UH, WE'RE GLAD TO HAVE YOU ONBOARD, SO APPRECIATE YOUR, YOUR SERVICE AS WELL. ALL RIGHT. ANYTHING ELSE BEFORE YOU JERK? ALL RIGHT, I'M CALLING IT. IT'S A NINE 39 AND WE ARE ADJOURNED. THANK YOU ALL. OKAY. BYE-BYE MY MOM. . * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.