1 00:00:00,000 --> 00:00:04,440 Y'all ready? 2 00:00:04,440 --> 00:00:08,520 Good evening, the time is 3 00:00:08,520 --> 00:00:13,360 5.36. It is February 28th. My name is Amber Briegel. I'm the Chair of the 4 00:00:13,360 --> 00:00:17,360 Design Board of Adjustments and I'd like to call this meeting to order as we do have a quorum present. 5 00:00:17,360 --> 00:00:21,160 The first item of business is the pledge to both the U.S. 6 00:00:21,160 --> 00:00:26,160 and the Texas flag. Who rises, you're able? 7 00:00:26,160 --> 00:00:30,160 I pledge allegiance to the flag of the United States 8 00:00:30,160 --> 00:00:34,160 of America and to the republic for which it stands, 9 00:00:34,160 --> 00:00:38,160 one nation, under God, indivisible, 10 00:00:38,160 --> 00:00:42,160 with liberty and justice for all. 11 00:00:42,160 --> 00:00:46,160 Honored Texas flag, I pledge allegiance to the 12 00:00:46,160 --> 00:00:50,160 Texas one state, under God, one 13 00:00:50,160 --> 00:00:54,160 indivisible. Thank you. 14 00:00:56,160 --> 00:01:00,160 The second item on our agenda are 15 00:01:00,160 --> 00:01:04,160 we'll consider the approval of the June 7th, 2021 16 00:01:04,160 --> 00:01:08,160 minutes. Do I have a motion? 17 00:01:08,160 --> 00:01:12,160 So moved. Do I have a second? So moved. 18 00:01:12,160 --> 00:01:16,160 Great. Is there any discussion on the minutes? Yes, sir. 19 00:01:16,160 --> 00:01:20,160 Madam Chair, just to clarify, at the last 20 00:01:20,160 --> 00:01:24,160 CBA meeting, you were asking about the second minutes from 21 00:01:24,160 --> 00:01:28,160 the meeting that we had back to back. Right. This is 22 00:01:28,160 --> 00:01:32,160 the January 7th. June 7th is the actual second minute. So just want to clarify 23 00:01:32,160 --> 00:01:36,160 that's what you all considered. Right. I remember that. Thank you. 24 00:01:36,160 --> 00:01:40,160 Is there any discussion about the minutes before we move for approval? 25 00:01:40,160 --> 00:01:44,160 Okay. All those in favor, please raise your hand. 26 00:01:44,160 --> 00:01:48,160 Any opposed? Any abstentions? 27 00:01:48,160 --> 00:01:52,160 The minutes are passed. Thank you. 28 00:01:52,160 --> 00:01:56,160 The second is consideration of the approval of the November 8th, 29 00:01:56,160 --> 00:02:00,160 2021 minutes. We'll do the same thing. Is there a motion to approve? 30 00:02:00,160 --> 00:02:04,160 I'll make a motion. Yes, go ahead. Thank you. Is there a second? 31 00:02:04,160 --> 00:02:08,160 Second. Great. Any conversation, 32 00:02:08,160 --> 00:02:12,160 discussion, questions about the minutes from November 8th? 33 00:02:12,160 --> 00:02:16,160 Okay, now we can go ahead. 34 00:02:16,160 --> 00:02:20,160 Those who move to approve, raise your hand. 35 00:02:20,160 --> 00:02:24,160 Any opposed? Any abstentions? 36 00:02:24,160 --> 00:02:28,160 The minutes passed. Thank you. 37 00:02:28,160 --> 00:02:32,160 The third item, which is why we're all here tonight, is to consider a request 38 00:02:32,160 --> 00:02:36,160 for a variance from the debt and development code section 3.2.4 39 00:02:36,160 --> 00:02:40,160 R3S for residential regarding the minimum lot area 40 00:02:40,160 --> 00:02:44,160 and minimum lot width. 41 00:02:44,160 --> 00:02:48,160 And Lisa Payne is going to be presenting this. 42 00:02:48,160 --> 00:02:52,160 Thank you. Go ahead, look up the floor. 43 00:02:52,160 --> 00:02:56,160 Good evening. I'm Lisa Payne. I'm a principal 44 00:02:56,160 --> 00:03:00,160 planner for the City of Denton. 45 00:03:00,160 --> 00:03:04,160 Go ahead and open this up. 46 00:03:04,160 --> 00:03:08,160 Okay, this is a variance request to allow 47 00:03:08,160 --> 00:03:12,160 an existing tract of land that does not meet the minimum lot width or 48 00:03:12,160 --> 00:03:16,160 lot area to be plotted. 49 00:03:16,160 --> 00:03:20,160 The whole order applied for assistance with 50 00:03:20,160 --> 00:03:24,160 structural repairs with the city's community development department 51 00:03:24,160 --> 00:03:28,160 who then performed an inspection of the structure, which was 52 00:03:28,160 --> 00:03:32,160 built in the 30s, and determined that the structure was 53 00:03:32,160 --> 00:03:36,160 not safe and needed to be reconstructed, demoed and reconstructed. 54 00:03:36,160 --> 00:03:40,160 In order to obtain a permit for construction, 55 00:03:40,160 --> 00:03:44,160 this unplanned property needs to be plotted and 56 00:03:44,160 --> 00:03:48,160 the property cannot be plotted without proposed variances 57 00:03:48,160 --> 00:03:52,160 that we'll talk about tonight. 58 00:03:52,160 --> 00:03:56,160 The current R3 zoning residential district 59 00:03:56,160 --> 00:04:00,160 of the subject property was updated in 2019. 60 00:04:00,160 --> 00:04:04,160 This current zoning has been around 61 00:04:04,160 --> 00:04:08,160 for not nearly as long as the property has. 62 00:04:08,160 --> 00:04:12,160 The R3 zoning requires a minimum lot area of 10,000 square feet 63 00:04:12,160 --> 00:04:16,160 and a minimum lot width of 60 feet. 64 00:04:16,160 --> 00:04:20,160 This property is only 5,000 square feet in area 65 00:04:20,160 --> 00:04:24,160 and it's 50 feet wide. 66 00:04:24,160 --> 00:04:28,160 Thus, the applicant would like a 5,000 square foot variance and a 67 00:04:28,160 --> 00:04:32,160 10 foot variance for the width. 68 00:04:32,160 --> 00:04:36,160 The demo plan and site plan shows that 69 00:04:36,160 --> 00:04:40,160 the structure, the driveway and the walkway will be replaced 70 00:04:40,160 --> 00:04:44,160 and all will meet city standards. 71 00:04:44,160 --> 00:04:48,160 So, for the considerations, out of the 72 00:04:48,160 --> 00:04:52,160 EDC 2.8.1.D, 73 00:04:52,160 --> 00:04:56,160 I'll try to go through these quickly, just some considerations 74 00:04:56,160 --> 00:05:00,160 when y'all are making your decision. Special circumstances 75 00:05:00,160 --> 00:05:04,160 to the property 76 00:05:04,160 --> 00:05:08,160 that do not apply generally to the other parcels in the district. 77 00:05:08,160 --> 00:05:12,160 Strict application of the EDC would deprive the homeowner 78 00:05:12,160 --> 00:05:16,160 of reasonable use of their property, since the structure is no longer 79 00:05:16,160 --> 00:05:20,160 safe and the homeowner cannot obtain a permit to do 80 00:05:20,160 --> 00:05:24,160 any repairs or reconstruction without the property 81 00:05:24,160 --> 00:05:28,160 being flooded. Of course, it can't be flooded without the variances. 82 00:05:28,160 --> 00:05:32,160 The surrounding properties are of similar size and 83 00:05:32,160 --> 00:05:36,160 they're already developed, which makes the property downwards fixed. 84 00:05:36,160 --> 00:05:40,160 The age of the property, the existing dimensions 85 00:05:40,160 --> 00:05:44,160 and current zoning requirements create a special circumstances for this. 86 00:05:44,160 --> 00:05:48,160 The second criteria, 87 00:05:48,160 --> 00:05:52,160 the grantee of this variance is not detrimental to the area 88 00:05:52,160 --> 00:05:56,160 around it. It's not detrimental because it allows for a new 89 00:05:56,160 --> 00:06:00,160 habitable home that will contribute to the long-term 90 00:06:00,160 --> 00:06:04,160 viability of the neighborhood and shows that the new design 91 00:06:04,160 --> 00:06:08,160 will be consistent with the neighborhood and conform to the city standards. 92 00:06:08,160 --> 00:06:12,160 The third criteria is that 93 00:06:12,160 --> 00:06:16,160 variance granted is the minimum variance that will accomplish its purpose. 94 00:06:16,160 --> 00:06:20,160 And it is, the applicant is just asking 95 00:06:20,160 --> 00:06:24,160 that they receive a variance simply so that they can buy the property and receive a permit. 96 00:06:24,160 --> 00:06:28,160 Next, the literal 97 00:06:28,160 --> 00:06:32,160 enforcement of the EDC will create an unnecessary hardship 98 00:06:32,160 --> 00:06:36,160 staff believes that it will 99 00:06:36,160 --> 00:06:40,160 by not allowing the resident to reconstruct the structure for safety reasons. 100 00:06:40,160 --> 00:06:44,160 It would also prevent this property from ever 101 00:06:44,160 --> 00:06:48,160 redeveloping. Nothing else can be built 102 00:06:48,160 --> 00:06:52,160 on it either because that lot doesn't meet 103 00:06:52,160 --> 00:06:56,160 the zoning requirements so it wouldn't be able to get a permit. 104 00:06:56,160 --> 00:07:00,160 The next criteria is 105 00:07:00,160 --> 00:07:04,160 the grantee of the variance is not for financial 106 00:07:04,160 --> 00:07:08,160 hardship, then this is not. 107 00:07:08,160 --> 00:07:12,160 And then lastly, that the owner do not create 108 00:07:12,160 --> 00:07:16,160 this. This property has been in this 109 00:07:16,160 --> 00:07:20,160 shape as far as the size of it for nearly a century. 110 00:07:20,160 --> 00:07:24,160 And so this is not something that was brought on by the property owner. 111 00:07:24,160 --> 00:07:28,160 So we believe that this is met. 112 00:07:28,160 --> 00:07:32,160 So that being said, the staff argument's recommendation of this 113 00:07:32,160 --> 00:07:36,160 as it meets the criteria for approval in the EDC. 114 00:07:36,160 --> 00:07:40,160 I'm available for questions. The applicant is already 115 00:07:40,160 --> 00:07:44,160 also here. Bill, any questions? 116 00:07:44,160 --> 00:07:48,160 I'm sure I have a question. 117 00:07:48,160 --> 00:07:52,160 The house was built originally 118 00:07:52,160 --> 00:07:56,160 in the 30s and I understand it's not livable. I don't have any 119 00:07:56,160 --> 00:08:00,160 questions or any concerns about that. But 120 00:08:00,160 --> 00:08:04,160 when it's knocked down, is anything 121 00:08:04,160 --> 00:08:08,160 salvageable from the 1930s construction? 122 00:08:08,160 --> 00:08:12,160 Is that a part of the variance? I can ask. We don't have to worry about that. 123 00:08:12,160 --> 00:08:16,160 Either Elmer or Ford have to come up from the Community Development Department because they need to answer that. 124 00:08:16,160 --> 00:08:20,160 Ron? Madam Chair, before we have Elmer come up, 125 00:08:20,160 --> 00:08:24,160 I think we need to do the oath. Yeah, I was going to ask you about that. 126 00:08:24,160 --> 00:08:28,160 Administer oath, but I don't have it. 127 00:08:28,160 --> 00:08:32,160 One of you have the oath for me. 128 00:08:32,160 --> 00:08:36,160 We'll get it for you. Thank you. 129 00:08:36,160 --> 00:08:40,160 And do I need to swear in staff as well? 130 00:08:40,160 --> 00:08:44,160 I think that would be a good idea. Conversation about that in the past. 131 00:08:44,160 --> 00:08:48,160 I apologize. I should have mentioned earlier, but before we move on with 132 00:08:48,160 --> 00:08:52,160 more discussion, probably guest to you. Agreed. 133 00:08:52,160 --> 00:08:56,160 No, it's okay. 134 00:08:56,160 --> 00:09:00,160 It says administer oath. 135 00:09:00,160 --> 00:09:04,160 That's not it. 136 00:09:04,160 --> 00:09:08,160 What we confident pays doesn't actually have the oath. 137 00:09:08,160 --> 00:09:12,160 For those in the audience, because we're a semi-judicial 138 00:09:12,160 --> 00:09:16,160 body, we have to swear you in, including city staff. 139 00:09:16,160 --> 00:09:20,160 We just have to find the oath. Thanks for your patience. 140 00:09:20,160 --> 00:09:24,160 We'll Google it. 141 00:09:50,160 --> 00:09:54,160 I am not able to make it. 142 00:09:54,160 --> 00:09:58,160 That's okay. 143 00:09:58,160 --> 00:10:02,160 So, in the interest of time, 144 00:10:02,160 --> 00:10:06,160 I think I'd like to swear in anyone who would like to speak on this item, 145 00:10:06,160 --> 00:10:10,160 if you change your mind later and you're like, wait, I do want to speak, then I can swear you in later. 146 00:10:10,160 --> 00:10:14,160 Sounds good. 147 00:10:14,160 --> 00:10:18,160 Okay. 148 00:10:18,160 --> 00:10:22,160 So, hold on one second. We've got to raise your right hand. 149 00:10:22,160 --> 00:10:26,160 It's a whole thing that we've got to do. 150 00:10:26,160 --> 00:10:30,160 Okay. So, we'll start with city staff. Can you please identify yourself by the record? 151 00:10:30,160 --> 00:10:34,160 Lisa Payne. Alma Izzino. 152 00:10:34,160 --> 00:10:38,160 Thank you. 153 00:10:38,160 --> 00:10:42,160 Under penalty of perjury, do you swear or affirm that any testimony or information you provide 154 00:10:42,160 --> 00:10:46,160 or any statement you make before this board is complete, true, 155 00:10:46,160 --> 00:10:50,160 and correct to the best of your knowledge and ability? 156 00:10:50,160 --> 00:10:54,160 Thank you. Okay. So, we can continue. Thank you for this. 157 00:10:54,160 --> 00:10:58,160 No, it's okay. It's been a minute. 158 00:10:58,160 --> 00:11:02,160 Okay. 159 00:11:02,160 --> 00:11:06,160 So, to your question, and then you wanted to call, can you repeat your question? 160 00:11:06,160 --> 00:11:10,160 It was something about what can be salvageable? 161 00:11:10,160 --> 00:11:14,160 I understand that for the intentions 162 00:11:14,160 --> 00:11:18,160 here, all we're voting on is to 163 00:11:18,160 --> 00:11:22,160 either approve or not approve or ask for a variance 164 00:11:22,160 --> 00:11:26,160 or everything. Because the house was built in the '30s, I was just curious 165 00:11:26,160 --> 00:11:30,160 as to whether or not there's anything that's salvageable from that house. 166 00:11:30,160 --> 00:11:34,160 It might be no. 167 00:11:34,160 --> 00:11:38,160 Go ahead. Hi. I'm Alma Izzino. I'm with Community Development. 168 00:11:38,160 --> 00:11:42,160 We always take a look at the house to see if it's salvageable. 169 00:11:42,160 --> 00:11:46,160 If anything is salvageable. We also submit the house to the Texas State 170 00:11:46,160 --> 00:11:50,160 Historical to see if it's eligible or they want us to 171 00:11:50,160 --> 00:11:54,160 make repairs per their requirements. This house was not eligible. 172 00:11:54,160 --> 00:11:58,160 And the only thing we're keeping, 173 00:11:58,160 --> 00:12:02,160 there's this picture here. These two stone 174 00:12:02,160 --> 00:12:06,160 pillars were there for some time. We are keeping those two 175 00:12:06,160 --> 00:12:10,160 stone pillars. The house is not in condition. It's been 176 00:12:10,160 --> 00:12:14,160 sited. There's really not a lot of the original anymore left. 177 00:12:14,160 --> 00:12:18,160 So the only thing we're keeping are those two pillars that are right in front of the house. 178 00:12:18,160 --> 00:12:22,160 I can pass this around if you want to. Thank you. Alma, 179 00:12:22,160 --> 00:12:26,160 the house was resided in about 1990. 180 00:12:26,160 --> 00:12:30,160 Gordon, you have to be up there. 181 00:12:30,160 --> 00:12:34,160 Thank you. 182 00:12:34,160 --> 00:12:38,160 This is Gordon Meredith with Community Development. 183 00:12:38,160 --> 00:12:42,160 Yes, the house was resided in about 1990 184 00:12:42,160 --> 00:12:46,160 and all architectural features, or at least most architectural 185 00:12:46,160 --> 00:12:50,160 features were removed then. That's very typical of 186 00:12:50,160 --> 00:12:54,160 the way a vinyl siding job does to a house. 187 00:12:54,160 --> 00:12:58,160 Thank you. 188 00:12:58,160 --> 00:13:02,160 I had a question more for staff. 189 00:13:02,160 --> 00:13:06,160 I guess from a zoning perspective. 190 00:13:06,160 --> 00:13:10,160 So, I mean, as I'm looking at the backup, 191 00:13:10,160 --> 00:13:14,160 I mean, this lot is pretty much the same size as all the other 192 00:13:14,160 --> 00:13:18,160 lots. Just, I'm going to plant the seed as we're looking at 193 00:13:18,160 --> 00:13:22,160 the 2030 and the 2024 plans. I think we are 194 00:13:22,160 --> 00:13:26,160 or went through a zoning revamp. I guess what I'm leading 195 00:13:26,160 --> 00:13:30,160 up to is, is there a way that we could, for 196 00:13:30,160 --> 00:13:34,160 existing neighborhoods like this, it just seems like it takes up an awful 197 00:13:34,160 --> 00:13:38,160 lot of staff time and the property owner 198 00:13:38,160 --> 00:13:42,160 to have to go through this lengthy process? Is there anything that we can do from a zoning perspective 199 00:13:42,160 --> 00:13:46,160 to kind of expedite this and look at, like, this lot fits with all the other lots. 200 00:13:46,160 --> 00:13:50,160 Does that question make sense? 201 00:13:50,160 --> 00:13:54,160 Gordon, I have to throw you in. 202 00:13:54,160 --> 00:13:58,160 Yeah, you might as well. Let's do it. 203 00:13:58,160 --> 00:14:02,160 Can you raise your right hand? Your name for the record? 204 00:14:02,160 --> 00:14:06,160 I don't have the exact words, but do you promise to tell the truth in what you're going to tell us? 205 00:14:06,160 --> 00:14:10,160 I do. Okay, thanks. Go ahead. 206 00:14:10,160 --> 00:14:14,160 What I can tell you is that, obviously, with the development code being updated, 207 00:14:14,160 --> 00:14:18,160 there were some changes to the setbacks in 208 00:14:18,160 --> 00:14:22,160 lot dimensional standards. There are a number of properties 209 00:14:22,160 --> 00:14:26,160 that gained some advantages, but then 210 00:14:26,160 --> 00:14:30,160 there were other properties that did not. And so, we're going to have 211 00:14:30,160 --> 00:14:34,160 those properties that are considered legal, non-conforming, 212 00:14:34,160 --> 00:14:38,160 but they were legal, right? So, those homes that were in place 213 00:14:38,160 --> 00:14:42,160 and they were platted and they were built with permits and this and that, 214 00:14:42,160 --> 00:14:46,160 nothing would affect them. They would continue as is and if they were to rebuild, 215 00:14:46,160 --> 00:14:50,160 there were some requirements, but again, not going to be an issue. 216 00:14:50,160 --> 00:14:54,160 It wouldn't require them coming to the CDA? Correct. The only reason why this property 217 00:14:54,160 --> 00:14:58,160 is being brought forward to the CDA is that 218 00:14:58,160 --> 00:15:02,160 and Alma worked very hard to establish the platting 219 00:15:02,160 --> 00:15:06,160 of the property, but was not able to determine that 220 00:15:06,160 --> 00:15:10,160 it was platted. So, why we're here is that we're going to 221 00:15:10,160 --> 00:15:14,160 have to plot this property. But in order to plot the property, you have to need 222 00:15:14,160 --> 00:15:18,160 the lot dimensions and the lot width. And so, that's 223 00:15:18,160 --> 00:15:22,160 the reason why you're here. This is being brought to you all today. 224 00:15:22,160 --> 00:15:26,160 But for the other neighborhood, in 225 00:15:26,160 --> 00:15:30,160 typical circumstances, they would not likely need to come to the CDA 226 00:15:30,160 --> 00:15:34,160 because they were either platted and legally, you know, developed 227 00:15:34,160 --> 00:15:38,160 and so, again, no need for a better. 228 00:15:38,160 --> 00:15:42,160 And to add on to what Ron said, if Canadian Community Development 229 00:15:42,160 --> 00:15:46,160 had determined that there was only some repairs that were needed 230 00:15:46,160 --> 00:15:50,160 and it was less than 50% of the value of the property, then 231 00:15:50,160 --> 00:15:54,160 they would be able to go ahead and get a permit as is, but since 232 00:15:54,160 --> 00:15:58,160 they are more than 50% of the property is, you know, 233 00:15:58,160 --> 00:16:02,160 being demolished, then that takes away your illegal 234 00:16:02,160 --> 00:16:06,160 non-conforming status. And so, now everything has to come up to code. 235 00:16:06,160 --> 00:16:10,160 Right. Yeah. And I understand that. And I'm thinking about this neighborhood in general. There's going to be 236 00:16:10,160 --> 00:16:14,160 other properties that fall under that. They are just going to have to be 237 00:16:14,160 --> 00:16:18,160 raised in order to be rebuilt. I just want to make sure that there's a speedier 238 00:16:18,160 --> 00:16:22,160 process for that applicant that we can move on to more quickly. 239 00:16:22,160 --> 00:16:26,160 I have a question. Being that it's a somewhat 240 00:16:26,160 --> 00:16:30,160 historic property in a historic neighborhood, we 241 00:16:30,160 --> 00:16:34,160 saw in Pilot Point that sort of at the eleventh hour, there was discovery 242 00:16:34,160 --> 00:16:38,160 as to what the property had been at one time, that it was 243 00:16:38,160 --> 00:16:42,160 a rather important school and all that sort of thing. Have those kinds of investigations been made and satisfied 244 00:16:42,160 --> 00:16:46,160 in your minds? 245 00:16:46,160 --> 00:16:50,160 I'm going to go back to the experts on this. 246 00:16:50,160 --> 00:16:56,160 Gordon there again. 247 00:16:56,160 --> 00:17:00,160 To answer specifically the question of 248 00:17:00,160 --> 00:17:04,160 prior use of this property, 249 00:17:04,160 --> 00:17:08,160 we do not believe it was used for any other purpose other than residential 250 00:17:08,160 --> 00:17:12,160 until approximately, well, since 1938, 251 00:17:12,160 --> 00:17:16,160 I think, has been that home. Before that, 252 00:17:16,160 --> 00:17:20,160 we had some, we looked at 253 00:17:20,160 --> 00:17:24,160 some aerial views of the neighborhood and it was the only house on that block 254 00:17:24,160 --> 00:17:28,160 in 1940. So it's believed that there was 255 00:17:28,160 --> 00:17:32,160 nothing, there are no cultural artifacts 256 00:17:32,160 --> 00:17:36,160 there at that site 257 00:17:36,160 --> 00:17:40,160 besides the house. It's interesting because just to kind of give some context, this 258 00:17:40,160 --> 00:17:44,160 house in Pilot Point was in a similar situation. It was 259 00:17:44,160 --> 00:17:48,160 dilapidated. It was on the verge of being determined that it had to be destroyed 260 00:17:48,160 --> 00:17:52,160 and then it was discovered that it had been an important school 261 00:17:52,160 --> 00:17:56,160 that had been moved from one place to another. This probably is not 262 00:17:56,160 --> 00:18:00,160 comparable. It's something to always think about. 263 00:18:00,160 --> 00:18:04,160 We found no evidence that this was anything other 264 00:18:04,160 --> 00:18:08,160 than a residence at any time. Do we know whose residence 265 00:18:08,160 --> 00:18:12,160 it was in 1940? Yes, it was 266 00:18:12,160 --> 00:18:16,160 in 1940. I did the 267 00:18:16,160 --> 00:18:20,160 title work on that. I believe it 268 00:18:20,160 --> 00:18:24,160 was in the Ransom family, which is a 269 00:18:24,160 --> 00:18:28,160 related to the applicant, her 270 00:18:28,160 --> 00:18:32,160 uncle's family. So it's been in one 271 00:18:32,160 --> 00:18:36,160 family for 80 years. That is 272 00:18:36,160 --> 00:18:40,160 very similar to the Battle Point scenario. They did not know that 273 00:18:40,160 --> 00:18:44,160 it was at one time not a home. Well, I do want to point out that 274 00:18:44,160 --> 00:18:48,160 the determination we received from the 275 00:18:48,160 --> 00:18:52,160 Texas Historical Commission says that this 276 00:18:52,160 --> 00:18:56,160 is a surface determination only. Should 277 00:18:56,160 --> 00:19:00,160 subsurface cultural artifacts be uncovered, 278 00:19:00,160 --> 00:19:04,160 we're supposed to stop and consult with 279 00:19:04,160 --> 00:19:08,160 Texas Historical Commission. That's always 280 00:19:08,160 --> 00:19:12,160 a subject of our determinations, condition 281 00:19:12,160 --> 00:19:16,160 of our determinations from them. 282 00:19:16,160 --> 00:19:20,160 Thank you. Are there other questions at this time? 283 00:19:20,160 --> 00:19:24,160 You're good. Thank you. 284 00:19:24,160 --> 00:19:28,160 So are you the applicant? Yes. Would you like to address 285 00:19:28,160 --> 00:19:32,160 the board this evening? You're not required to. I just want to give you 286 00:19:32,160 --> 00:19:36,160 that opportunity if you'd like to speak. No, she doesn't. 287 00:19:36,160 --> 00:19:40,160 That is totally fine. Absolutely. No worries. 288 00:19:40,160 --> 00:19:44,160 Okay. So I guess we make a 289 00:19:44,160 --> 00:19:48,160 motion in a second if you'd like to continue conversation 290 00:19:48,160 --> 00:19:52,160 on this. So do we have a motion from the board for 291 00:19:52,160 --> 00:19:56,160 approval or denial or a motion with... Go ahead. I would move to approve. 292 00:19:56,160 --> 00:20:00,160 I would move to approve this. You got a 293 00:20:00,160 --> 00:20:04,160 second? Sure. Okay. Great. Is there any discussion on this 294 00:20:04,160 --> 00:20:08,160 before we move for approval? Yes. Just that I think, apart from the historical 295 00:20:08,160 --> 00:20:12,160 questions and concerns which have been addressed in that, if there's anything found, 296 00:20:12,160 --> 00:20:16,160 there's a process to deal with it. This strikes me as the exactly 297 00:20:16,160 --> 00:20:20,160 right use of the variance that the code is written for 298 00:20:20,160 --> 00:20:24,160 in a situation like this. It should be used as a 299 00:20:24,160 --> 00:20:28,160 model for the future of exactly when 300 00:20:28,160 --> 00:20:32,160 the variances should be used. Yeah. I just want to make a comment. 301 00:20:32,160 --> 00:20:36,160 I'm in full support of this. I mean, it's going to bring more value to the neighborhood. 302 00:20:36,160 --> 00:20:40,160 It's going to provide sustainable housing for the applicant. 303 00:20:40,160 --> 00:20:44,160 I'm glad that we're all 304 00:20:44,160 --> 00:20:48,160 in agreement. It seems like we're all in agreement on this. And I'm glad the city staff 305 00:20:48,160 --> 00:20:52,160 is working to make this easier for future applicants so that you don't have to go through this lengthy process. 306 00:20:52,160 --> 00:20:56,160 Any other comments? Okay. 307 00:20:56,160 --> 00:21:00,160 So the motion is to approve. All those in favor? 308 00:21:00,160 --> 00:21:04,160 Any opposed? 309 00:21:04,160 --> 00:21:08,160 Any abstentions? So the motion passes unanimously. Congratulations. 310 00:21:08,160 --> 00:21:12,160 Thank you. I have a, Madam Chair, I have a quick question. Since we are 311 00:21:12,160 --> 00:21:16,160 recorded but not video recorded, do we need a voice affirmation vote? 312 00:21:16,160 --> 00:21:20,160 Where we're heard to say aye or any of that? 313 00:21:20,160 --> 00:21:24,160 I would recommend that if we just go around the table really quickly and just 314 00:21:24,160 --> 00:21:28,160 [ inaudible ] 315 00:21:28,160 --> 00:21:32,160 I did say that it was approved unanimously. 316 00:21:32,160 --> 00:21:36,160 Does that count? And the microphones are up here. 317 00:21:36,160 --> 00:21:40,160 Would you like us to say? I just heard that we are 318 00:21:40,160 --> 00:21:44,160 being videoed, so we're good. 319 00:21:44,160 --> 00:21:48,160 Are there any other concluding items before we wrap up 320 00:21:48,160 --> 00:21:52,160 for this evening? I just want to remind everyone that tomorrow 321 00:21:52,160 --> 00:21:56,160 is primary day, so you can go vote right over here 322 00:21:56,160 --> 00:22:00,160 at City Hall. Or Civic Center is what I meant to say. 323 00:22:00,160 --> 00:22:04,160 That's the only thing I had to say. Alright, with that we will... 324 00:22:04,160 --> 00:22:08,160 Yes, sir. Sorry, I know you want to close out here. As far as 325 00:22:08,160 --> 00:22:12,160 concluding items, I know that we don't meet often, and obviously this is one that we needed 326 00:22:12,160 --> 00:22:16,160 to meet. We really appreciate your flexibility in 327 00:22:16,160 --> 00:22:20,160 meeting. Meeting quorum is something that we need to make sure we do. 328 00:22:20,160 --> 00:22:24,160 We are planning, hopefully, another meeting soon. 329 00:22:24,160 --> 00:22:28,160 We don't have any items, at least a variance, in your 330 00:22:28,160 --> 00:22:32,160 teacher. However, most likely when we meet again, it will probably 331 00:22:32,160 --> 00:22:36,160 be another training opportunity. And maybe if the 332 00:22:36,160 --> 00:22:40,160 DIN 2040 plan gets approved, we can present you all on 333 00:22:40,160 --> 00:22:44,160 what's included and what's next as far as implementation of that plan. 334 00:22:44,160 --> 00:22:48,160 I think that would be great. Thank you. 335 00:22:48,160 --> 00:22:52,160 With that, I'd like to adjourn the meeting. The time is now 336 00:22:52,160 --> 00:22:56,160 559, and thank you for your participation. 337 00:22:56,160 --> 00:23:00,160 Thank you. Have a good night.