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IT'S, UH, 1:01 PM I'M GONNA GO AHEAD AND CALL THIS, UH, MEETING OF THE BOARD OF ADJUSTMENTS TO ORDER STAFF, IF YOU COULD PLEASE TAKE ROLL.
MS. CRUZ? MR. ZUNIGA? MR. MANNA PRESENT.
MR. OZUNA PRESENT CHAIR ORIAN.
AND I'M ALSO PRESENT, UH, SO WE HAVE A QUORUM OF 10 AT THIS TIME.
UH, IF THE SPANISH INTERPRETER COULD PLEASE COME OUT AND DO THEIR PRESENTATION.
IF EVERYONE COULD PLEASE STAND AND JOIN ME IN THE PLEDGE OF ALLEGIANCE.
UH, THE RECORD SHOW THAT MARIA IS ENTERED AT 1 0 3 OH.
SO BEFORE WE PROCEED WITH, BEFORE
[ Briefing and Possible Action on the following items ]
WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION.THE BOARD FOLLOWS AN AGENDA, WHICH, WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS.
UH, FOLLOWING THE CONCLUSIONS OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBERS SUBMIT THESE TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME.
NOW, WE ARE PRIVATE CITIZENS APPOINTED THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND THE SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND AUTHORIZED VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DE DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR IS REPRESENTATIVE WILL PROCEED WITH PRESENT THE PETITION, AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER.
AFTER EVERYONE HAS HEARD THE CASE, IT'LL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION.
IN ORDER FOR A MOTION TO CARRY.
IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANTING THE RELEASE SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIALS.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE OF THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION REMARKS OF THE PERTINENT FACTS OF YOUR CASE STAFF.
STAFF WILL BE IN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PRIOR OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE SOURCE SPECIAL EXEMPTION AND PROPERTIES WITHIN 200 FEET OF THE SUBJECT PROPERTY.
CHECK MARK INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION.
FOLLOWING THIS PRESENTATION AND ANY OTHER QUESTIONS ABOUT THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST.
FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST PROPOSED VARIANCE OR ESPECIALLY EXEMPTION, YOU'LL BE CALLED AN ORDER SIGNED UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED THREE MINUTES MAXIMUM THREE MINUTES PER SPEAKER.
YOU'RE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION.
FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO THE
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SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVEN THEIR TIME FOR A TOTAL OF NINE MINUTES.THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL TO SPEAK ONE OR TO ONE SPEAKER WITH A THREE TI THREE MINUTE TIME LIMIT ALONG WITH THAT OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
AND WE'LL BEGIN WITH CASE NUMBER ONE, THEN FOUR.
AND THEN WE'LL CONTINUE ON WITH AS ORDERED CHAIR.
ADDRESS IS 89 30 FABIANS COUNCIL, COUNCIL DISTRICT SIX.
APPLICANT IS PHILAMON HERNANDEZ.
A REQUEST FOR NINE FOOT 11 INCH VARIANCE FROM THE 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE.
SUBJECT PROPERTY IS LOCATED ALONG FABIANS IN, IN THE FAR WEST SIDE OF SAN ANTONIO.
THE APPLICANT HAS BEGUN CONSTRUCTION ON A CARPORT THAT HE HOPES TO BUILD ONE INCH FROM THE FRONT PROPERTY LINE SHORT OF THE 10 FOOT MINIMUM SETBACK.
NO OTHER VARIANCES HAVE BEEN APPROVED IN THE AREA FOR A CARPORT FRONT SETBACK.
HOWEVER, MULTIPLE CARPORTS HAVE SIMILAR PLACEMENTS.
DRIVEWAY DEPTH IS 22 FEET FROM THE HOME TO THE PROPERTY LINE.
AND ONE NOTE, UH, CODE ENFORCEMENT DID ISSUE A, UM, CITATION, BUT IT WAS CLOSED OUT, UH, DUE TO THE, UM, HOMEOWNER SAYING HE WAS GONNA HAVE 10 FEET TO THE FRONT PROPERTY LINE.
HERE'S THE, UH, SITE PLAN AND IS YOUR SUBJECT PROPERTY.
AND THE, UH, SURROUNDING AREA,
AND THEN THIS IS A CARPORT THAT'S ABOUT TWO HOUSES DOWN FROM THE SUBJECT PROPERTY.
RECOMMENDATION OF FRONT SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO O 8 23 1 0 3 0 0 4 0 BASED ON THE FOLLOWING FINDINGS, THE REDUCED FRONT SETBACK IN JURORS NEIGHBORING PROPERTIES AND TWO, NO SIMILAR VARIANCES HAVE BEEN APPROVED IN THE AREA.
10 IN FAVOR, TWO IN OPPOSITION.
AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION SLIDE.
THIS IS A, A LETTER FROM A NEIGHBOR, I BELIEVE, AND THESE ARE OTHER, UM, NOTICES THAT WERE SENT BACK.
AND THIS CONCLUDES STATUS PRESENTATION AND APPLICANT IS AVAILABLE.
OKAY, BEFORE YOU GO, UH, JUST A QUICK QUESTION.
UH, WE, THIS IS I THINK THE THIRD TIME.
IS, IS, IS, DO YOU READ, SEND OUT NOTICES, UH, DURING, IF THERE'S A BREAK IN TIME BETWEEN THESE OR ARE WE RELYING ON THE SAME NOTICES THAT WE HEARD THE FIRST TIME? I BELIEVE WE'RE RELYING ON THE SAME NOTICES, CORRECT.
AND IS THERE ANYBODY SENT TO SPEAK? NO PUBLIC COMMENT.
COMMISSIONER KAPLAN, DID YOU SAY, DID YOU, THAT THE OWNER'S PLANNING TO A SAY THAT? WELL, HE'S, HE'S WANTING TO DO THE, UM, THE CARPORT.
SO ORIGINALLY HE, WE WERE, WE FOUND OUT FROM THE CODE COMPLIANCE CASE THAT WAS CLOSED OUT WHEN HE SUBMITTED FOR THE PERMIT THAT HE WAS GOING TO, UM, STAY WITHIN THE 10 FEET.
BUT NOW HE WANTS, BUT NOW HE WANTS TO COME CLOSER TO THE, TO ONE INCH ON THE PROPERTY.
SO LET'S HAVE THE APPLICANT COME FORWARD.
UH, COMMISSIONER ZUNIGA? YES, SIR.
UH, DO YOU HAVE THE PICTURES OF THE FENCE? IT'S SUPPOSED TO BE A COUPLE OF PICTURES IN THERE AND THE FENCE THERE, AND THEN WHERE THE CARS ARE PARKED.
CAN YOU, CAN YOU JUST ABOUT ENLARGE 'EM? DO WE HAVE A, UM, A VERSION OF IT THAT'S FURTHER OUT? UM, RIGHT HAND SIDE.
WE, WE MAY JUST NEED TO DO A GOOGLE.
YEAH, WE'LL HAVE TO DO A GOOGLE.
YEAH, WE'LL DO A GOOGLE GOOGLE MAP.
THE APPLICANT PLEASE COME FORWARD.
GOOD AFTERNOON, LADIES AND GENTLEMEN OF THE BOARD.
MY NAME IS, UH, PHIL MON HERNANDEZ.
AND, UH, UH, I AM TRYING TO BUILD MY CARD PORT.
AS YOU CAN SEE, I PUT THREE POSTS UP AT THIS TIME.
UH, JUST A LITTLE BIT OF BACKGROUND, IF YOU DON'T MIND, ON THAT PARTICULAR AREA.
AND, UH, I'VE BEEN SPEAKING TO SOME OF THE FOLKS AND FEDER, AS A MATTER OF FACT, THAT DANNY AND, AND, UH, JIM ON THOSE HOUSES.
AND THEY SAID THAT, UH, THEY HAD THOSE HARD PORTS BUILT RIGHT ON THAT, UH, LINE WITH NO PROBLEMS. THEY SAID THAT THEY NEVER HAD A PROBLEM BEFORE.
AND SO I STARTED TO DO IT, AND THEN THAT'S WHEN, UH, I GUESS THE CODE COMPLIANCE GUY WAS AROUND AND STUFF.
SO HE SAID, HEY, WAIT A MINUTE.
'CAUSE I HAD BUILT ONE, UH, POST, AND HE TOLD ME, YOU CAN'T BE ON THE PROPERTY LINE.
I GO, WELL, I'M JUST DOING WHAT THE OTHER GUYS ARE DOING.
SO HE TOLD ME, UH, YOU'RE GONNA HAVE TO GO 10 FEET BACK.
SO WHEN I CAME DOWN HERE, I WASN'T THINKING, AND I DIDN'T KNOW WHAT I WAS DOING SINCE THIS IS MY FIRST
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RODEO AND WELL, MY SECOND HOUSE, BUT NOT LIKE THIS.AND SO WHEN I DID THE MEASUREMENTS AND EVERYTHING IS 22 FEET AWAY FROM THE PROPERTY LINE.
SO IF I DO THE MEASUREMENTS, OH, I DIDN'T KNOW THAT.
SO THE FRONT OF THE HOUSE TO THE PROPERTY LINE IS 22 FEET.
SO NOT KNOWING I STILL CAME DOWN HERE, GOT MY PERMIT AND EVERYTHING PAID, YOU KNOW, WHATEVER MONIES I PAID.
BUT WHEN I STARTED DOING THE MEASURING PHYSICALLY, I NOTICED THAT IT WAS ONLY 12 FEET, WHICH AN AVERAGE CAR IS ABOUT 14 AND A HALF FEET.
SO OBVIOUSLY I WAS GONNA BUILD A CARPORT FOR A MOTORCYCLE.
SO THERE'S, THEREFORE, THAT'S WHY I'M HERE BECAUSE, UM, I HAD, I HAD A HARDSHIP BACK IN 2017.
I'M SURE YOU GUYS REMEMBER THE BIG HAILSTORM THAT WE HAD.
WELL, I LOST A VEHICLE, PLUS I LOST MY MUSTANG, AND SO I COULDN'T AFFORD TO FIX IT, SO I SOLD IT.
SO I DON'T WANT THAT TO HAPPEN TO ME AGAIN.
SO THAT'S WHY I PUT ENOUGH MONEY TOGETHER TO BUILD MY CARPORT.
AND THE HARDSHIP IS, UM, THAT 12 AND A HALF FEET IS NOT GONNA, THAT'S NOT GONNA HELP ME WITH THAT 10 FOOT VARIANCE.
SO BASICALLY, I NOTICED ON THE THING THERE THAT IT SAID NINE AND A HALF.
I MEAN, IF I COULD GET EIGHT FEET VARIANCE, WHICH WOULD BRING IT, UH, TWO FEET FROM THE PROPERTY LINE, I MEAN, THAT WOULD BE AMAZING.
DID, DID STAFF, UH, TALK TO YOU ABOUT POSSIBLY PUTTING YOUR POST, UH, A LITTLE FURTHER BACK IN CANTILEVER OVER FIVE FEET, SO THAT WAY YOU DON'T ONLY NEED A FIVE FOOT VARIANCE? UH, HE TOLD ME THAT THE BEST THING THAT I BELIEVE I WAS TALKING TO, UH, UH, JACOB, HE TOLD ME THAT IF YOU GET THAT TWO FEET VARIANCE, YOU CAN PUT YOUR POST THERE AND THEN PUT AN OVERHANG.
YOU'RE ALLOWED TO, THE, THE 10 FOOT SETBACK IS MEASURED TO THE FACE OF POST.
SO IF YOU, AND YOU'RE ALLOWED TO OVERHANG UP TO FIVE FEET.
SO IN THEORY, IF YOU PUT YOUR POST, YOU KNOW, UH, FIVE FEET AWAY FROM THE PROPERTY LINE, YOU WOULD JUST NEED A FIVE FOOT EASEMENT, THEN YOU CAN KINDA LEAVE HER OVER FIVE FEET.
SO, AND THEN PUT SOME POLE UP LIKE THIS, LIKE PUT SOME, UH, WELL, I MEAN, IT'S, IT'S JUST, I DIDN'T KNOW IF THE STAFF DISCUSSED THAT WITH YOU.
I, I'M JUST TRYING TO DO A BASIC ONE, LIKE THE, THE CARPORT HAS OVER THERE, THE FURTHER STREET.
BUT YOU'RE THINKING BASED ON, ON THE WAY YOU'RE BUILDING THIS TWO FEET IS A, IS ALL YOU WOULD WANT A CANTILEVER, OVERPASS, THE POST.
SO WHERE THE PROPERTY LINE IS, IF I COULD JUST GET TWO FEET, THAT'LL GIVE ME ENOUGH FOR MY DAUGHTER'S VEHICLE, MY VEHICLE, AND EVEN MY TRUCK.
UH, COMMISSIONER KAPLAN, IF YOU HAD, IF YOU WERE FIVE FEET AND YOU MOVED YOUR POST BACK, THEN IT WOULD BE A LOT EASIER TO GET THE VARIANCE.
SO WHEN YOU SAY, SO LET ME, LET ME TRY TO FIGURE OUT, YOU'RE GETTING THE SAME AMOUNT OF COVERAGE, IT'S JUST WHERE YOU'RE PUTTING THE POSTS.
WELL, I WANTED TO PUT, UH, AT LEAST SIX POSTS TO MAKE US STURDY.
IT'S GONNA BE JUST A REGULAR CARPORT, BUT I SEE ALL THE HOUSES THEY HAVE.
ARE YOU, ARE YOU BUILDING A FLAT CARPORT OR ARE YOU BUILDING A PITCH CARPORT? LIKE THE GUY UP THE STREET? JUST LIKE THE GUYS ON THE STREET.
I SEE WHY YOU'RE ASKING FOR TWO FEET THEN.
UH, ANY OTHER COMMISSION QUESTIONS? YES, MR. ZUNA, THEN, UH, THEN ZUNIGA, JUST THE QUESTIONS, AND THIS IS ONE WE ALWAYS ASK ABOUT GUTTERS, AND I THINK YOU REC, I RECALL LAST TIME YOU MADE A MOTION YES.
THAT YOU WERE GOING TO ADD GUTTERS, RIGHT? WELL, IT'S GONNA BE SLANTED, RIGHT? SO FROM THE HOUSE, IT'S GONNA BE SLANTED AND IT'S GONNA GO DOWN TO THE STREET LEVEL, AND THEN WE WILL PUT THE GUTTER GUTTERS OUT.
SO IT SAYS WATER FLOW WOULD BE TOWARDS THE STREET AND NOT TO YOUR NEIGHBORS.
YOU ALREADY HAVE, HOW MANY POLES DO YOU HAVE UP ALREADY? I HAVE THE TWO FRONT THAT ARE COMING FROM MY GARAGE, AND THEN ONE THAT WE PUT THERE, AND THEN WE PUT EVERYTHING TO REST O.
DO YOU HAVE A SURVEY WITH YOU? I KNOW YOU GOT PAPERWORK.
DO YOU HAVE YOUR SURVEY? UH, SURVEY? ARE YOU TALKING ABOUT WHEN I BOUGHT THE HOUSE? YEAH, YEAH.
YES, I DO THAT WANTED SOME IN THE COMPUTER? YES.
I DECIDED TO PUT IT IN MY LITTLE ENVELOPE HERE.
THEY CAN PROJECT IT ON TOP OF IT.
THE GREAT, I THINK I GAVE IT TO JACOB.
I KNOW HE'S NO LONGER WITH US, BUT THAT'S, THAT'S OKAY.
YOU DIDN'T HAVE A PICTURE OF IT? NO, THERE'S NOBODY SENT.
CAN YOU PULL IT UP? YEAH, I CAN.
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THIS IS MY THIRD TIME HERE.I DON'T KNOW IF, UH, I PUT IT IN THE OTHER FOLDER.
I DIDN'T KNOW I WAS GONNA NEED A SURVEY TODAY.
WELL, IF YOU HAVE ONE, IT'D BE NICE TO SEE.
IS THERE ANY OTHER COMMISSIONER QUESTIONS WHILE WE'RE, WHILE WE'RE WAITING? I DID PUT ON THE DIAGRAM THAT I'M ALMOST EIGHT FEET AWAY FROM THE NEIGHBOR AND ABOUT 36 FEET AWAY FROM THE OTHER NEIGHBOR.
UH, MR. CHAIRMAN, ARE YOU GONNA BE ABLE TO, MR. CHAIRMAN, I STILL HAVE THE FLOOR.
WELL, I SURVEY, I HE'S LOOKING FOR YOUR SURVEY.
SO IN THE INTEREST OF, OKAY, SO YOU DON'T HAVE A SURVEY? HE MIGHT, DO YOU DO HAVE ANY RENDERANCE? I I SEEN HIM.
WHAT? HE, UH, COMMISSIONER ZUNIGA, HE'S, HE'S LOOKING FOR THE SURVEY, BUT AS HE'S SHUFFLING THROUGH THE PAPERS, WE'RE JUST TRYING TO SQUEEZE THE QUESTION IN.
COMMISSIONER CRUZ, WE'RE BACK TO COMMISSIONER ZUNIGA.
PLEASE PROJECT THAT ONTO THE SCREEN.
I HOPE THAT'S WHAT YOU'RE LOOKING FOR, COMMISSIONER.
CAN YOU GET THAT ONTO THESE SCREENS BY ANY CHANCE? SO FROM THE FRONT OF THE HOUSE, YOU GOT 24 FEET TO THE PROPERTY LINE.
IT'S ACTUALLY, IT'S WHEN WE DID THE MEASUREMENTS, IT'S 22 AND A HALF FROM THE PROPERTY LINE.
WELL, THE, WE'RE WE'RE, I'M JUST LOOKING AT THE SURVEY.
AND THEN YOU HAVE 9.8 FEET TO THE, UH, FAS OF CURB.
SO IF THE APPLICANT GETS AN EIGHT FOOT VARIANCE AND AS HE'S REQUESTING, HE'LL, THE, THE EDGE OF THE CARPORT WILL, WILL STILL BE, UM, ABOUT 10 FEET AWAY FROM THE FACE OF CURB.
WE WERE DISCUSSING SOMETHING ELSE.
UM, I'M JUST TRYING TO FIGURE OUT, UM, ON THE TREE, ARE YOU GONNA HAVE TO CUT SOME OF IT DOWN SO THAT THE CARPORT WILL FIT CORRECTLY? THAT'S A GREAT QUESTION.
AND AS YOU CAN SEE, I TRIM IT, SO I KEEP IT NICE.
SO ANSWER YOUR QUESTION, I'M GONNA HAVE A CLEARANCE, SO I'M JUST GONNA JUST TRIM JUST THE, THE, THE LIMBS THAT ARE FALLING, AND I'M JUST GONNA KEEP IT STRAIGHT, LIKE AN UMBRELLA.
JUST TO MAKE SURE, BECAUSE, UH, IT CAN GO ON TOP OF THE CARPORT.
COMMISSIONER ZUNIGA, I BELIEVE I MAY HAVE CUT YOU OFF IF YOU HAVE ANY, ANY ADDITIONAL QUESTIONS.
AND DO YOU HAVE IT, BESIDES THE DRAWING, DRAWING ON THE TABLET, DO YOU HAVE A RENDERING, UH, OF WHAT, UH, THE, NO, IT'S NOT A LAUGHING MATTER IS HOW THE COURTS GOING LOOK.
NO, THAT'S WHAT I'M TRYING TO UNDERSTAND, SIR.
YOU'RE TRYING TO UNDERSTAND A RENDERING, I DON'T KNOW WHAT A RENDERING INSTEAD OF THE SKETCH OR A SKETCH OF HOW IT'S GONNA BE THE PRODUCT COMING OUT OF THERE.
OH, WELL, IT'S GONNA LOOK LIKE, LIKE THE PICTURE, UH, THE GENTLEMAN UP THE STREET, HE HAS A, UH, UH, A CARPORT THAT HE WAS GONNA BUILD IT AT THAT POINT.
AND THEN, UH, AND, AND, UH, ANO ANOTHER QUESTION HERE.
IS THE FENCE ON YOUR, UH, LEFT SIDE LOOKING AT THE HOUSE MM-HMM.
SO WITH THAT, SIR, UH, WE CALL CODE COMPLIANCE, AND THEY TOLD US EXACTLY WHY WE, WE WANTED, WE, WE CALL CODE COMPLIANCE, AND WE WANTED TO KNOW EXACTLY WHAT ARE OUR RIGHTS ARE.
AND WHEN YOU START SEEING AS YOU CAN SEE THE FRONT YARD OF THE NEIGHBOR, UH, I HAVE PICTURES AS MATTER OF FACT, I FORGOT.
WELL, WELL, I, I'M JUST ASKING.
YOU KNOW THAT ABOUT, I, I'M NOT THE EXPERT ON THAT, ON THIS BOARD.
MISS, UH, FRACKMAN, I'M GONNA EXPLAIN, UH, SIR.
SO WE CALL COAL COMPLIANCE, AND BECAUSE WE GOT TIRED OF SEEING SNAKES, WE GOT TIRED OF SEEING ALL THE CATS AND ALL THAT.
SO WE BUILT A FENCE BECAUSE IT SEEMS LIKE THE NEIGHBOR ALWAYS LIKED TO COME ON OUR, ON OUR PROPERTY LINE.
SO SHE WOULD COME TO OUR PROPERTY LINE AND WORK ON, I DON'T KNOW WHAT SHE HAS IN THE FRONT YARD.
SHE'S, I'M, I'M GONNA INTERJECT HERE FOR A SECOND.
IS THERE ANYTHING WRONG WITH THE FENCE ON THE SIDE OF HIS PROPERTY? IS THERE A CODE ISSUE
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WITH THAT? YEAH, YOU CAN SEE IT IN THE, IN THE GOOGLE.YOU CAN SEE IT IN THE M L S LIST AND MM-HMM.
WE, WE DIDN'T OBSERVE ANYTHING, UM, OUT OF COMPLIANCE WITH THEIR FENCE WHEN WE WENT TO SITE VISITS.
IT'S, IT'S LESS THAN THREE FEET.
IT'S SHORT, SHORT JUST TO KEEP THE SNAKES, THEIR CATS AWAY, THINGS OF THAT NATURE.
SO THAT, THAT FENCE DOES NOT EXCEED THREE FEET IN HEIGHT.
BUT YAL QUESTION, CAT IT ON THE, HOLD ON, EXCUSE ME A MINUTE.
COMMISSIONER ZUNIGA, UH, IT SIT ON YOUR, YOUR SIDE OR THEIR SIDE, THAT, THAT YOU'RE, UH, ENC CORROSION ON THEM.
IS THE, IS THE FENCE ON YOUR PROPERTY LINE, OR IS IT IN YOUR NEIGHBOR'S LAND? IT'S IN MY PROPERTY LINE BECAUSE THE ACTUAL, SO IF MY FENCE LINE, I, IT'S DIRECTLY WITH THE FENCE LINE THAT I HAVE IN THE BACKYARD DIRECTLY.
IT, IT'S STILL YEAH, I SEEN THAT.
BUT I MEAN, HE'S SAYING THAT YOU TOOK PART OF HIS PROPERTY BY HAVING THAT FENCE THERE IN 2020 OR WHATEVER IT WAS, 2010, MR. ZIKA? I DO, I DO THANK YOU FOR THAT.
BUT, UH, WE CHECK WITH CODE COMPLIANCE.
WE'RE NOT HERE TO DISCUSS THE FENCE.
SO, UH, LET'S JUST KEEP THIS ABOUT THE CARPORT.
UH, IS THERE ANY OTHER QUESTIONS? JUST, JUST ONE THING.
ACCORDING TO YOUR SURVEY, YOU HAVE 24 FEET FROM YOUR HOUSE TO THE STREET LINE, WHICH MEANS THAT YOU BY RIGHT.
SO, AND THAT'S ALL YOU NEEDED WAS 14 FEET.
BUT, BUT IT'S NOT, I I DO APOLOGIZE, MRS. KAPLAN.
IT'S 22 AND A HALF FEET AWAY FROM THE OPENING OF THE HOUSE TO THE PROPERTY LINE.
SO THE SURVEY SAID IT WAS 24 FEET.
I DON'T KNOW WHERE THAT CAME FROM.
MERKEL WENT OVER THERE AND IT WAS 22 AND A HALF.
OKAY, BEFORE WE GET LOST ON 22 VERSUS 24, IT IS VERY COMMON.
YOUR PROPERTY LINE IS WHERE THE, THE, UH, THE DRIVEWAY APRON FLARES BEGINS TO FLARE OUT.
BUT YOU PROVIDED US WITH A SURVEY THAT SAYS 24 FEET.
SO THAT'S WHAT WE'RE, IT'S, I, I DON'T KNOW, SIR, BUT REGARDLESS, HIS APPLICATION IS BASED ON THE ASSUMPTION THAT IT'S 22 FEET, 22 AND A HALF FEET.
SO YEAH, I MEAN, WE DID THE MEASUREMENT AND THE, YOUR GENTLEMAN THAT WENT OUT THERE DID THE MEASUREMENT.
SO YEAH, BUT THAT'S, AGAIN, YOU HAVE A SURVEY THAT SAYS 24, IF THE MEASUREMENT IS TAKEN FROM THE, WHERE THE APRONS BEGINS TO FLARE, WHICH IS VERY COMMON, THERE COULD BE A DISCREPANCY, BUT THAT'S NEITHER, NEITHER THE POINT.
UH, IF, IF ANY COMMISSIONER WANTS TO REDUCE THE VARIANCE BY TWO FEET, UH, TO FOLLOW THE SURVEY, THAT ISN'T GONNA HURT ANYTHING I INTEND TO.
SO, UM, IS, UH, IS THERE ANY OTHER QUESTIONS BEFORE I LOOK FOR A MOTION? YEAH, ANY OTHER PUBLIC ON, UH, THERE'S NO PUBLIC, WE'RE LOOKING AT 24 ACCORDING TO YOUR SURVEY.
THAT'S WHAT I WANTED A SURVEY FOR.
BUT, UH, THE CARS ARE PARKED ON THE SIDEWALK.
THAT WAS A PICTURE THAT, SEE, THE PROBLEM IS, IS MY NEIGHBOR DOESN'T SPEAK TO ME.
AND SO SHE'S ALWAYS BEEN, THAT'S AGAIN, THIS, IF YOU PARK, IF YOU, IF YOU PARK YOUR CAR AND BLOCK THE SIDEWALK, THAT'S A DIFFERENT ISSUE.
AND THAT'S A TICKETABLE OFFENSE.
WE'RE JUST HERE ABOUT WHETHER YOU CAN BUILD A CARPORT.
THE GENTLEMAN'S ASKING ME, OKAY, WELL, I'M INTERJECTING.
AND, AND THAT'S, THAT'S NOT GERMANE TO THE QUESTION BEFORE US.
SO IF THERE'S ANY OTHER QUESTIONS, COMMISSIONER ZUNIGA, MINKA, COMMISSIONER MINKA.
I JUST WANTED A LITTLE CLARIFICATION FROM THE BOARD.
20 FEET VERSUS FOUR 20 FEET VERSUS 24 FEET, WE'RE JUST TALKING ABOUT MOVING THE POST BACK FIVE FEET PERIOD.
IS THAT CORRECT? BOTTOM LINE, WE CAN, WE CAN GRANT A VARIANCE FOR ANYWHERE BETWEEN ZERO AND NINE FEET, 11 INCHES.
UM, IF WE, IF WE GIVE HIM A VARIANCE FOR FIVE FEET, THE SURVEY SAYS IT'S 24, THE FACE OF HIS POST CAN BE FIVE FEET AWAY FROM THE 24 FOOT MEASUREMENT.
UM, IF WE GIVE, HE'S ASKING FOR A, FOR AN EIGHT FOOT VARIANCE, UH, SO THAT HE CAN HAVE A, A LESS OF AN OVERHANG BECAUSE HE'S BUILDING SOMETHING MORE SUBSTANTIAL THAT THAT HAS MORE, CARRIES MORE WEIGHT.
UH, BUT THAT'S FOR US TO DELIBERATE.
UM, SO IF, WITH THAT, IF THERE'S NOTHING ELSE, I'D SURE LIKE TO HEAR A MOTION ON THIS ZUNA.
COMMISSIONER ZUNA, REGARDING CASE NUMBER BO EIGHT DASH 23 DASH 3 0 4 0, I MOVE THAT THE BOARD OF EIGHT VARIANCE FROM THE 10 FOOT FRONT STEPBACK REQUIREMENT TO ALLOW A CARPORT TO BE TWO FEET FROM THE FRONT PROPERTY LINE SITUATED 89 30 FABIAN'S APPLICANT BEING PHILAMON
[00:25:01]
HERNANDEZ, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS.SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT HARDSHIP.
THE ORDINANCE WHO RESULTED HARDSHIP, THE FRONT WILL NOT.
SECOND BY COMMISSIONER KAPLAN.
SO I'M GONNA SUPPORT THE VARIANCE REQUEST.
SO WE'RE REDUCING IT FROM ONE INCH, AS IS RE REQUESTED TO TWO FEET.
THAT TWO FEET ALLOWS HIM TO, UH, TO BUILD THE CARPORT TO PROTECT HIS, HIS, HIS CARS, AS HE HAD MENTIONED, YET STILL, UH, PROVIDE SOME RELIEF FROM THAT.
FROM THAT, UM, YOU KNOW, FROM THAT SETBACK, WE SAW OTHER NEIGHBORS RIGHT DOWN THE STREET, TWO HOUSES DOWN THAT HAVE SIMILAR VARIANCE REQUESTS.
WE DID NOT SEE ANY OPPOSITION FROM THE NEIGHBORHOOD ASSOCIATION.
WE SAW A STRONG SUPPORT OF THE APPLICANT WITHIN THE SURROUNDING NEIGHBORS THAT'D BE MOST AFFECTED.
THE APPLICANT MENTIONED THAT HE WILL BE DOING, UH, GUTTERS TO DIRECT THE WATER TO THE STREET AWAY FROM THE PROPERTIES, AND THE SIDE SETBACKS WILL BE, WOULD BE, UM, RESPECTED ON ALL MATTERS.
SO I'M SUPPORTING THE MOTION COMMISSIONER KAPLAN.
YEAH, I, I AM NOT SO MUCH FOR, UH, TWO FOOT OFF.
I WOULD ALSO SUPPORT THE FIVE FOOT, UM, VARIANCE.
UM, WHAT FRIENDLY AMENDMENT? YES.
TO SUPPORT A FIVE FOOT VARIANCE WITH THE GUTTERS.
UM, BECAUSE THERE WAS SOME OPPOSITION.
THERE IS NO NEIGHBORHOOD ASSOCIATION.
UM, AND THE OTHER PEOPLE ON THE BLOCK APPARENTLY DID THIS WITHOUT, UM, ANY APPROVALS.
SO WE ARE THE PER, WE ARE ESTABLISHING WHAT'S ACTUALLY GOING TO BE LEGIT ON THIS BLOCK.
WE'RE ESTABLISHING A PRECEDENT FOR THE BLOCK.
AND SO I WOULD NOT LIKE TO SEE A WHOLE BUNCH OF THIS.
EVERYBODY IN THIS NEIGHBORHOOD BUILD OUT TO ONE INCH FROM THEIR PROPERTY LINE.
SO I WOULD SUPPORT FIVE FEET FROM THE PROPERTY LINE.
COMMISSIONER LER, WOULD YOU CONSIDER A THREE FOOT AND KIND OF SPLIT, SPLIT THAT SO HE CAN, I MEAN, HE'S TRYING TO PROTECT THE CARS EIGHT FEET.
I ALREADY SPLIT BECAUSE I WAS ORIGINALLY TO DO EIGHT FEET, BUT I WAS SPLITTING IT TO FIVE FEET.
UM, ONE, ONE THING I'D LIKE TO ADD ON THAT, UM, IS, IS, UH, WE, HE'S BUILDING A, A COVERED CARPORT THAT HAS, UM, A, YOU KNOW, A PITCH ROOF.
I DON'T KNOW IF IT'S APPROPRIATE TO CANTILEVER AT FIVE FEET, MAYBE THREE FEET.
IF IT WAS JUST A, A FLAT ROOF, THAT WOULD BE ONE THING.
AND SO THAT ANOTHER FOOT, FOUR FEET, WELL, OKAY, HOW ABOUT A SIX FOOT VARIANCE TO GIVE THEM FOUR? BUT REMEMBER, WE ARE ESTABLISHING A PRECEDENT FOR THIS WHOLE LAW.
WELL, EACH CASE STANDS ON ITS OWN.
EACH CASE, EACH CASE STANDS ON ITS OWN MERIT THERE.
SO WE'RE GOING TO COME IN AND THEY SAY, WELL THEN, THEN EVERYTHING WE DO HERE.
OKAY, SO HERE'S WHAT WE'RE GONNA DO.
THIS IS NOT GONNA BE A FRIENDLY AMENDMENT.
UM, I'LL SECOND YOUR MOTION TO AMEND IT TO FIVE FEET SO THAT WE CAN HAVE DELIBERATION.
UM, I'M GONNA GO AHEAD AND START OFF.
UH, THIS IS, IF, IF YOU LOOK AT WHAT THE NE NEIGHBOR UP THE STREET IS DOING, I DON'T THINK IT'S APPROPRIATE FOR HIM TO DO A FIVE FOOT CANTILEVER.
I DO WANT TO MAKE SURE THAT HE GETS AT LEAST 22 TO 23 FEET OF COVER SO THAT, YOU KNOW, A FULL, FULL-SIZE TRUCK ISN'T LIKE BUDDING AND HITTING THE GARAGE.
UH, THAT, THAT WAS THE WHOLE POINT OF, OF ME, UH, LOOKING FOR THREE FEET.
UH, I'D LIKE FOR OTHER BOARD MEMBERS TO CHIME IN TO SEE WHAT THEY THINK ABOUT THAT.
UH, WHO WOULD LIKE TO START? ANYONE? I, I WILL COMMISSIONER.
YEAH, I AGREE WITH, UH, MR. KA FIVE FEET WOULD DO IT.
NOW, UH, THERE IS, UH, MR. UNA, THERE IS NO UNA THERE IS NO NEIGHBORHOOD ASSOCIATION IN THE RICHMOND HILLS AREA.
UH, AND I THINK THE APPLICANT WILL CON CONFIRM THAT.
IS THAT RIGHT MR. SMITH? THERE'S NO, WE HAVE NO, IN THE TAROT SUBDIVISION.
[00:30:01]
THE OTHER, UH, COURT REPORT THAT WAS THERE, I GUESS WE WERE TOLD A COUPLE OF WEEKS AGO THAT, UH, THEY HAVE NOT FILED, UH, FOR A PERMIT.UH, AND, UH, SO I'LL GO ALONG WITH THAT AND, UH, WITH THE FIVE FEET AND, UM, IT'S, UH, HOPEFULLY THE APPLICANT CAN SPEAK TO THE NEIGHBOR AND EXPLAIN TO HER, BECAUSE IF NOT, I CAN ASSURE YOU THERE'LL BE OTHER VI UH, COMPLAINTS FROM THAT AREA AND IN THAT SITUATION THERE.
OKAY? AND, AND, UH, THE, THE CARS, I, I'M STILL FOR, FOR PEOPLE NOT TO COMMISSIONER, TO PARK IN THE CARS.
WOULD YOU, CAN YOU, WOULD YOU LIVE WITH A, WITH A SIX FOOT OR A SEVEN FOOT VARIANCE IS, OR DO YOU, OR IS FIVE FEET THE ONLY THING YOU'LL BE IN FAVOR OF? OKAY.
HOW WAS THAT? WOULD YOU LIVE WITH, UH, A SIX OR SEVEN FOOT VARIANCE? THE MOTION AS READ IS FOR EIGHT FEET.
WOULD YOU LIVE WITH A SIX OR SEVEN FOOT? DO YOU, OR OR WOULD YOU ONLY DO? YOU WOULD? YEAH, I WOULD.
IS THERE ANYONE ELSE? UH, COMMISSIONER MANNA? I LIKE FIVE FOOT.
OKAY, SO WE HAVE COMMISSIONER.
IS THERE ANYONE ELSE LIKE TO ADD? OH, VASQUEZ MENCHACA COMMISSIONER MENCHACA.
VASQUEZ, COMMISSIONER VASQUEZ.
UH, I AGREEMENT WITH THE FIVE FOOT, UH, REFERENCE.
VOTE ON THE AMENDMENT, UH, TO MAKE IT FIVE FEET.
WHAT IF I GO MS. KAPLAN? I CONCUR.
I, HELL, I FORGOT MY NAME THERE.
I CONCUR WITH THE FINDINGS OF FACT.
UM, CHAIR ORIAN, I ALSO CONCUR.
A MOTION IS OFFICIALLY, UH, FORMALLY AMENDED TO A FIVE FOOT VARIANCE, UH, WITH, IF THERE'S NO FURTHER DISCUSSION ON THE FIVE FOOT, LET'S TAKE A ROLL CALL.
MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN.
I ALSO CONCUR WITH THE FINDINGS OF FACT MOTION PASSES.
SO WHAT THAT MEANS, SIR, IS, IS THAT, UH, YOU, YOU CAN PUT THE FACE OF POST FIVE FEET AWAY FROM YOUR PROPERTY LINE.
YOUR SURVEY IS SHOWING YOUR PROPERTY IS 24 FEET.
YOU MIGHT WANT TO GET THAT VERIFIED JUST TO BE SAFE.
UM, ONE WAY TO DO THAT IS IT'S SAYING THAT YOU HAVE 9.8 FEET FROM THE FACE OF CURB TO THE PROPERTY LINE, AND THEN 24 FEET TO THE HOUSE.
SO IF YOU'VE GOT 33.8 FEET FROM THE FACE OF CURB TO THE FRONT PLANE OF YOUR HOME, THEN THAT SURVEY IS, WOULD, WOULD BE SOMETHING YOU COULD GO, GO WITH.
AND OF COURSE, THE SURVEY WAS GIVEN TO ME BACK IN 2010 WHEN I, WHEN I PURCHASED THE HOUSE.
WE USUALLY DON'T SEE THEM OFF TWO FEET.
SO YEAH, YOU MIGHT WANNA JUST VERIFY THAT, BUT I'M SURE WILL.
'CAUSE IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
I KNOW YOU MENTIONED, UH, THE LAST TIME THAT, UH, WE, WE WERE THE SAME NINE OF THE LIKES AND THAT YOU'D BEEN TOLD THAT, UH, THE MORE TO, TO WAIT FOR THE 11 BE SO YOU WOULD PASS.
I MEAN, THAT WAS, THAT WAS NOT A CODE IN THERE.
WE'RE GOING TO, WE'RE GONNA BUMP UP ITEM NUMBER FOUR SINCE I GOT CUT OFF AT THE LAST MEETING.
SO CASE ENDING IN 60 BO O A DASH TWO THREE DASH 1 0 3 0 0 0 6 0.
ADDRESS BEING 9 2 4 IOWA STREET IN CITY COUNCIL.
DISTRICT TWO, APPLICANT BEING ALBERTO CUBIS.
A REQUEST FOR A THREE FOOT FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO HAVE A ONE FOOT EIGHT INCH SIDE SETBACK.
TWO, A FIVE FOOT, 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO HAVE A FOUR FOOT, ONE INCH FRONT SETBACK.
THREE, A VARIANCE FROM THE FENCE MATERIALS TO ALLOW A CORRUGATED METAL FENCE ALONG THE WESTERN PROPERTY.
FOUR, A THREE, A THREE FOOT SPECIAL EXCEPTION
[00:35:01]
FROM THE MAXIMUM THREE FOOT FRONT YARD FENCE HEIGHT REQUIREMENT TO ALLOW A SIX FOOT SOLID SCREEN FENCE ALONG THE WESTERN PROPERTY.LINE FIVE, AN EIGHT INCH SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FRONT YARD FENCE SITE REQUIREMENT TO ALLOW A FIVE FOOT EIGHT INCH, PREDOMINANTLY OPEN FENCE ALONG THE NORTHERN PROPERTY LINE.
AND SIX, A SEVEN FOOT THREE INCH VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY CLEAR VISION REQUIREMENT TO ALLOW FENCE TO BE SEVEN NINE FROM THE FRONT CURB.
THESE CURRENT ZONING IS RM FOUR.
THE SUBJECT PROPERTIES LOCATED ALONG IOWA STREET NEAR MARTIN LUTHER KING DRIVE IN THE EAST EAST SIDE OF SAN ANTONIO.
THE APPLICANT WAS IN THE PROCESS OF CONSTRUCTING A CARPORT IN THE FRONT YARD WHEN THEY WERE CITED BY CODE ENFORCEMENT FOR A BUILDING WITHOUT A PERMIT.
THE CARPORT IS ANTICIPATED TO BE ONE FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE AND FOUR FOOT ONE INCHES FROM THE FRONT PROPERTY LINE.
UPON SITE VISIT, STAFF OBSERVED OTHER REQUESTS THAT NEEDED TO BE ADDRESSED, THOSE OF WHICH INCLUDE A SIX FOOT SOLID SCREENED, UH, CORRUGATED METAL FENCE, UH, A PROHIBITED FENCE MATERIAL EXCEEDING HEIGHT REQUIREMENTS ALONG THE WESTERN PROPERTY LINE PAST THE FRONT FACADE OF THE HOME.
FURTHERMORE, STAFF OBSERVED A SECOND FENCE ALONG THE NORTHERN PROPERTY LINE THAT WAS PREDOMINANTLY OPEN AND MEASURED FIVE FOOT EIGHT INCHES IN HEIGHT DUE TO THE NORTHERN PROPERTY LINE FENCE BEING CLOSED TO THE CURB.
THE APPLICANT ALSO VIOLATED THE MINIMUM CLEAR VISION DISTANCE OF 15 FEET IF LOCATED NEAR A DRIVEWAY.
STAFF MEASURED THE FENCE TO BE SEVEN FOOT NINE INCHES FROM THE FRONT CURB.
AND THEN THIS IS THE SITE PLAN AND THEN THE SUBJECT PROPERTY.
AND THEN THIS IS A PHOTO OF THE, UM, THE POSTS, AND THEN THIS IS THE CLEAR VISION MEASUREMENT AND THEN THE SURROUNDING AREAS.
STAFF RECOMMENDATION FOR THE SIDE AND FRONT SETBACK, CLEAR VISION AND CORRUGATED METAL VARIANCES.
STAFF RECOMMENDS A DENIAL IN BO O A DASH 23 DASH 0 3 0 0 0 6 0 BASED ON THE FOLLOWING.
ONE, THE CARPORT IN ITS CURRENT LOCATION DOES NOT PROVIDE ADEQUATE SPACING, WHICH MAY INJURE THE NEIGHBORING PROPERTY.
TWO, THE REQUEST FOR CLEAR VISION IS CONTRARY AS THIS DISTANCE PROPOSES ON THE SAFETY OF TRAFFIC.
AND THREE, CORRUGATED METAL IS A PROHIBITED FENCE MATERIAL.
STAFF RECOMMENDATION FOR THE SPECIAL EXCEPTION FOR THE NORTHERN WESTERN PROPERTY LINE FENCE HEIGHT MODIFICATIONS, STAFF RECOMMENDS DENIAL AND BO O A DASH TWO THREE DASH 0 3 0 0 0 6 0 BASED ON THE FOLLOWING.
ONE FRONT YARD, SOLID SCREEN FENCES THAT DEVIATE FROM THE THREE FOOT MAXIMUM WERE NOT SEEN IN THE IMMEDIATE AREA.
AND TWO, THE APPLICANT COULD ALTER THE PREDOMINANTLY OPEN FENCE TO MEET THE MAXIMUM OF FIVE FOOT REQUIREMENT FOR THE FRONT YARD FENCES.
AND THEN THIS IS THE NOTIFICATION PLAN.
ZERO RETURNED IN FAVOR, ZERO IN OPPOSITION.
AND DENVER HEIGHTS NEIGHBORHOOD ASSOCIA ASSOCIATION IS IN OPPOSITION OF THE REQUESTS.
AND THEN THIS IS A LETTER OF OPPOSITION FROM DENVER HEIGHTS, AND THIS CONCLUDES STAFF'S PRESENTATION.
AND THE APPLICANT IS PRESENT AND HE WILL NEED A TRANSLATOR.
ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD.
I'M WITH MY FATHER-IN-LAW, ALBERTO COBIO IN THIS CASE.
UH, I I'M NOT SURE IF, UH, YOU ARE, YOU ARE LIKE, EXCUSE ME FOR MY ENGLISH.
IT'S NOT TOO GOOD, BUT IT'S NOT A NEW CONSTRUCTION.
IT'S A, IT IS NOT A NEW CARPORT.
MY, MY, MY FATHER-IN-LAW BROUGHT HIS HOUSE SINCE, UM, 20 YEARS MORE, MORE OF 20 YEARS AGO.
AND, UH, HE USED REPLACING THE, THE, THE, THE WOOD FROM THE TOP TO, BECAUSE THE, THE, THE WAS TO LOOSE THE, THE, THE ROOF WAS TO DO TOO LOOSE.
AND THE HERE ARE REPLACING THE USE, THE, THE, THE, I MEAN THE WOOD PART ON THE CARPORT.
AND THE, THE, THE FENCE ON THE, ON THE SIDE IS NOT FROM HIS HOUSE.
IT'S TO THE, THE NEIGHBOR NEXT DOOR.
THE ONE IS 7, 7 9, THE, I THINK IT'S FROM.
AND, UH, ON THE SCREEN, ON THE SCREEN PANELS, THE, THE METAL SCREEN PANELS ON THE FRONT IS FIVE FEET.
[00:40:01]
ON, ON THE, IS TOO HIGH ON THE, ON THE SIDEWALK IS TOO, IS, I MEAN, WITH THE TIME IT IS, IT'S TOO, TOO LOW FROM, FROM THE, AND IT'S, IT'S SEEING MORE HIGH ON THE, ON THE METAL FENCES.BUT IT'S, IT, I HAVE THE, I HAVE THE MEASURES ON THE, I TAKE A PICTURE.
AND I'M NOT SURE IF YOU HAVE MORE QUESTIONS.
CAN I ASK A QUESTION? UH, CHAIRMAN? YES.
UH, FOR CLARIFICATION, TRANSLATOR, HE'S SAYING THAT THE FENCE, CORRUGATED FENCE, WE HAVE STUDENT, IT IS NOT HIS, IT'S THE NEIGHBORS.
WHICH ONE? THE ONE AT THE SIDE OR IN FRONT? NO, THE ONE ON THE RIGHT.
DOES IT BELONG TO ONE NEIGHBOR OR IS IT BOTH NEIGHBORS OWN IT.
I MEAN, ON THE NEXT, NEXT NEIGHBOR, NEXT DOOR, HE OWNS THE WHOLE CORRUGATED FENCE.
DID YOU, UH, WHEN YOU, UH, WENT OUT THERE AND DID YOUR, UH, INITIAL SITE VISIT, UH, WAS THAT BROUGHT UP AT ALL? UH, HE DID HAVE SOME ON HIS SIDE, BUT HE INFORMED ME LAST MINUTE THAT HE TOOK THE PORTION THAT WAS ON HIS SIDE DOWN.
BUT I THINK HE'S SAYING RIGHT NOW, THE REST OF IT BELONGS TO HIS NEIGHBOR.
'CAUSE IN THE, DO WE HAVE ENOUGH IN THE, IN THE SUB, IN THE EXHIBIT THAT'S ON THE SCREEN, IF YOU FOLLOW THE CORRUGATED FENCE DOWN, IT LOOKS LIKE THERE'S A WOOD FENCE THAT CONTINUES BEYOND IT WITH THE FINISH SIDE FACING THE NEIGHBORS.
AND I, AND IT LOOKS LIKE IT MIGHT BE, I DON'T KNOW IF THAT'S IN LINE WITH THE CORRUGATED OR A LITTLE BIT FURTHER TO THE NEIGHBOR'S PROPERTY.
UM, I DON'T KNOW IF Y'ALL, IF ANYBODY ON STAFF RECOLLECTS THAT OBSERVATION AT ALL? I, I, I THINK IT WAS IN LINE.
UM, ANY OTHER COMMISSIONER QUESTIONS? UM, COMMISSIONER KAPLAN.
ON THE APRIL 22, UM, UH, GOOGLE VISION, THERE IS A CARPORT THERE.
IF YOU CHECK ON GOOGLE IS, UH, THE CARPORT IS THERE LIKE, SINCE, SINCE 2007, LIKE I TOLD YOU, UM, MY, MY FATHER-IN-LAW, WHAT DID YOU DO? DID YOU, IS THIS, IS THIS, OKAY, SO YOU TAKE THAT CARPORT DOWN? NO, HE ARE REPLACING JUST THE, THE, THE TOP, THE, THE WOOD PART ON THE, ON THE TOP OF THE CARPORT.
BUT WHEN HE TAKE DOWN, SO HOW LONG HAD THAT BEEN THERE? HOW LONG HAS THE CARPORT BEEN THERE? IT'S LIKE MORE OF 20 YEARS, LIKE RIGHT THERE.
WELL, THE, THE, IT LOOKS LIKE THE CARPORT AND THE CURRENT PICTURES, THERE'S NO CARPORT THERE.
NOW THERE'S JUST SOME NEW POSTS.
YEAH, IT, IT, YEAH, IT IS A REASON WHEN, WHEN HE TAKE IT DOWN THE ROOF, THE GOT COMPLAINTS GOES AND, AND ASK FOR A, FOR A PER PERMIT.
BUT, UH, IT'S, IT IS NOT A NEW CONSTRUCTION.
I MEAN, BECAUSE THE, THE, THE WOOD ON THE TOP, THE, THE TWO WHITE FORESTS WAS LOSING.
I MEAN, EVERYTHING IS DONE COME DOWN BY, BY ITSELF.
YOU'RE JUST RECONSTRUCTING IT.
WHAT YEAR WAS THE PICTURE TAKEN? THIS PICTURE? DO WE KNOW? UH, STAFF.
WHEN WAS THAT PICTURE TAKEN? THIS IS THE STAFF PICTURES.
UH, ABOUT A MONTH AGO, I BELIEVE.
ANY OTHER QUESTIONS? MICKA? COMMISSIONER MICKA? UH, ONE MORE JUST FOR CLARIFICATION.
UH, BACK 2007, I CAN SEE HERE THAT, UH, THE FENCE WAS NOT COMPLETELY SOLID ALL THE WAY FROM THE FRONT TO THE BACK.
SO THEN THE PANELS WERE, WERE VERTICAL, NOT HORIZONTAL IS WHAT IT APPEARS.
WHO FIXED THE FENCE? UH, THE, THE FENCE NEXT, NEXT DOOR? YES.
UH, RIGHT NOW, THE, THE, THE, THE CORRUGATED, THE CORRUGATED LA LA LIMITED IS, IS NOT THERE.
IT'S JUST THE, THE WOOD, THE WOOD, UH, THE WOOD FENCE.
BUT IT IS, IT IS, UH, FROM THE N NEIGHBOR NEXT DOOR.
I GUESS WE'RE LACKING A CURRENT PICTURE OF WHAT THE ST THING REALLY LOOKS LIKE.
IT ISSUES, SOUNDS LIKE THEY REMOVED IT, IT SOUNDS LIKE THEY REMOVED IT MANNA.
SO, YOU KNOW, I GUESS I'M A LITTLE CONFUSED WITH REGARDS TO THE FENCE ITSELF.
I, YOU KNOW, FROM WHAT I'M HEARING, YOU KNOW, THIS, THAT'S NOT PART OF THIS CASE ANY LONGER.
WOULD THAT BE TRUE? THAT'S WHAT I'M UNDERSTANDING AS WELL, SIR.
SO, SO, SO REALLY WE'RE JUST TALKING ABOUT THE CARPORT, AND IT WOULDN'T BE CLEAR VISION EITHER, BECAUSE IT'S NOT THEIR FENCE, UM, OUTSIDE OF THE CHAIN LINK FENCE BEING, I GUESS IN FRONT BEING HIGHER THAN FOUR FOOT.
SO, SO BE CLEAR VISION FOR THE HEIGHT OF THE FRONT FENCE, THAT'S PREDOMINANTLY OPEN ALREADY, RIGHT?
[00:45:01]
OKAY.THEY STILL NEED THE CLEAR VISION.
IT'S NOT IF, IF IT'S NOT HIS, THE NEIGHBORS.
IF IT'S A NEIGHBOR IN THE FRONT OF THE HOUSE.
SO A CHAINLINK FOUR FOOT FOR THE FRONT.
ANY OTHER QUESTIONS? ALL RIGHT, I'M NOT HEARING ANY OTHER QUESTIONS.
UH, IS THERE ANYONE SIGN UP TO SPEAK ANY PUBLIC COMMENTARY? THERE'S NO PUBLIC COMMENT.
UH, IS THE APPLICANT, IS THERE ANYTHING YOU'D LIKE TO ADD? NO, THERE'S AN ISSUE HERE.
COMMISSIONER KA WILL MAKE A MOTION, UH, REGARDING CASE 23 DASH 1 0 3 0 6.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR, WELL, THIS IS IT.
WE'RE, WE'RE, NO, WE'RE ONLY GIVING A, FOR A, A VARIANCE FOR THE FOUR FOOT FENCE IN THE FRONT.
IS THAT WHAT I'M UNDERSTANDING? MA'AM, CAN YOU SPEAK IT IN INTO YOUR MIC SO WE CAN, OKAY, WHAT DO, OKAY, SO NOW I AM CONFUSED BECAUSE WE DON'T HAVE A, MAYBE I SHOULDN'T HAVE GIVEN THIS.
UM, FIRST OFF, OKAY, FOR A THREE FOOT, FOUR INCH VARIANCE IN THE MINIMUM FIVE FOOT SIDE SET BACK TO ALLOW A CARPORT TO HAVE A ONE FOOT EIGHT INCH SIDE SETBACK TO A FIVE FOOT 11 VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT TO HAVE A FOUR FOOT, ONE INCH FRONT SETBACK.
UH, THE, THE VARIANCE WE DON'T NEED FOR THE FENCE BECAUSE HE DOESN'T OWN THAT.
UM, FOR A SEVEN, UH, THE CLEAR VISION WOULDN'T BE HIS EITHER, BECAUSE THAT'S THE NEIGHBOR.
SO THE NUMBER FIVE, THE CLEAR VISION, THE CLEAR VISION HE STILL NEEDED BECAUSE OF THE FRONT FENCE.
UM, A BUT IT'S NOT A SEVEN FOOT THREE VARIANCE FROM THE MINIMUM 15 FOOT IS IT, IS THAT WE'RE STILL READ THAT INTO, UH, 'CAUSE IT'S, IT WOULD BE FOR A SEVEN FOOT THREE SEVEN FOOT, THREE INCH VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY.
DRIVEWAY CLEAR VISION TO ALLOW A FENCE TO BE SEVEN FEET, NINE INCHES FROM THE FRONT CURB SITUATED AT 9 2 4 IOWA STREET.
APPLICANT BEING ALBERTO CUBIS, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HEART.
SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE INTEREST IS DEFINED AS THE JOURNAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE AND FRONT SET BACK TO ALLOW A CARPORT TO BE ONE INCH, ONE FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE, AND FOUR FEET ONE INCH FROM THE FRONT PROPERTY LINE.
THESE DISTANCES PROVIDE ADEQUATE SPACING BETWEEN THE CARPORT AND NEIGHBORING PROPERTY CITY RIGHT OF WAY, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST.
ADDITIONALLY, THE APPLICANT, UH, IS REQUESTING A SEVEN FOOT THREE INCH VARIANCE TO ALLOW A FENCE TO BE SEVEN FEET NINE INCH FROM THE FRONT DRIVEWAY.
IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY SITE DISTANCES FOR DRIVEWAYS TO ASSURE VEHICULAR TRAFFIC PROTECTION.
STAFF FINDS THAT THIS REQUEST IS NOT CONTRARY AS THIS DISTANCE PROVIDES A SUITABLE AMOUNT OF SPACE.
LASTLY, THE APPLICANT IS REQUESTING A VARIANCE, UH, THAT WE DON'T NEED TO DO, UM, SINCE IT'S NOT HIS FENCE.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE CARPORT BEING REDUCED TO MAINTAIN AND FIVE FEET SIDE AND 10 FOOT FRONT SIDE BACK, WHICH WOULD DECREASE THE SQUARE FOOTAGE OF THE CARPORT.
FURTHER ALTERING THE FENCE TO MEET THE CLEAR VISION.
DISTANCE REQUIREMENT OF 15 FEET WOULD RESULT IN AN UNNECESSARY HARDSHIP BY REDUCING THE SIZE OF THE FRONT YARD.
THE ADDITIONAL VARIANCE REQUEST TO ALLOW, UH, NO, WE'RE NOT GONNA READ THAT PART IN THREE GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE PROPOSED SIDE AND FRONT SETBACK APPEARED TO OBSERVE THE SPIRIT OF THE ORDINANCE OF THE CURRENT DISTANCE IS A REASONABLE DISTANCE TO THE ADJACENT PROPERTY AND FRONT PROPERTY LINE.
FURTHER, UH, THE CLEAR VISION REQUEST WILL OBSERVE THE SPIRIT OF THE ORDINANCE BY PROVIDING A SAFE DISTANCE BETWEEN THE TWO POINTS, ALLOWING VEHICULAR TRAFFIC TO NOT BE OBSTRUCTED.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITHIN THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
IF GRANTED, THE CARPORT WILL MAINTAIN ONE FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE AND FOUR FEET, ONE INCH FROM THE FRONT PROPERTY LINE, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OR INJURE NEIGHBORING CONFORMING PROPERTIES.
FURTHERMORE, THE CLEAR VISION REQUEST WILL NOT INJURE ADJACENT PROPERTIES AS OTHER FRONT YARD FENCES WERE OBSERVED IN THE IMMEDIATE VICINITY.
UH, SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL
[00:50:01]
AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS LIMITED BUILDABLE AREA AND NOT MERELY FINANCIAL END OF MOTION.
UH, COMMISSIONER KAPLAN? YEAH, I'M GONNA BE IN FAVOR OF THIS VARIANCE, UH, FOR SEVERAL REASONS.
ONE IS A, HE DOES NOT OWN THE CAR, THE, THE METAL FENCE.
AND SO HE'S NOT, I THINK THE REAL ISSUE WITH THE VISION IS, IS THE, UH, CORRUGATED, THE, THE METAL FENCE THAT'S ADJACENT TO, UM, UH, THE TESTIMONY IS THAT THE CARPORT, UH, HAD BEEN AN EXISTING USE AND HE WAS JUST MERELY, UM, UH, UH, REDOING THE ROOF ON IT.
SO, UM, I KIND OF THINK SINCE IT'S BEEN THERE FOR A LONG TIME, UH, HE SHOULD CONTINUE TO HAVE THE USE OF THAT COMMISSIONER MANNA.
SO I'D LIKE TO OFFER A FRIENDLY AMENDMENT TO INCLUDE THE WORD PREDOMINANTLY OPEN WITH REGARDS TO THE FENCING, BECAUSE AS IT READS NOW, HE COULD HAVE A SOLID SCREEN FENCE ON THE SIDE PROPERTY.
AND SO, SO, SO I'D LIKE TO PROPOSE THAT YOU AMEND IT TO, UH, INCLUDE PREDOMINANTLY OPEN WITH REGARDS TO THE DESCRIPTION OF THE FENCE.
WE WILL AMEND IT TO PREDOMINANTLY OPEN.
AND THAT IS REGARDING, UM, ITEM NUMBER FOUR OF THE MOTION? THAT'S CORRECT.
AND WHAT ABOUT THAT? WOULD THAT, THAT, THAT WOULD BE FOR NUMBER SIX, YOU MEAN? WELL, THERE, WELL, ITEM NUMBER FOUR W IS A THREE FOOT VARIANCE ON THE MAXIMUM THREE FOOT FRONT.
WELL, THAT'S, NO, THAT'S THE SPECIAL EXCEPTION YOU'RE JUST TALKING ABOUT.
NO, I'M TALKING ABOUT, SO NUMBER, NUMBER FOUR, IT'S A VARIANCE FROM THE, UH, MINIMUM 15 FOOT DRIVEWAY CLEAR VISION TO ALLOW A FENCE.
AND I WOULD LIKE THAT TO READ A PREDOMINANTLY OPEN FENCE THERE.
I WAS LOOKING AT THE ITEMS FROM THE YES.
AND WITH THAT, WITH THAT ADOPTION THEN I, I, I AGREE.
IS THAT OKAY? COMMISSIONER KAPLAN? YES.
SO THIS HAS BEEN A FRIENDLY AMENDMENT TO, TO ADJUST, UH, THE, THE WORDING AND THE CLEAR VISION, UH, SECTION FOR THE FENCING TO BE PREDOMINANTLY OPEN.
AND THAT ALSO WOULD BE IN, UH, THE READING OF VARIANCE, UH, NUMBER ONE, UH, WITH REGARDS TO THE SPECIAL, UH, PUBLIC INTEREST AND TO ALLOW A PREDOMINANTLY OPEN FENCE.
UH, IS THERE ANY OTHER COMMISSIONER COMMENTS? JUST SMALL CLARIFICATION.
COMMISSIONER MACHACA OR MYSELF? SO NUMBER THREE, THE CORRUGATED DEFENSE.
THAT SHOULD BE STRUCK OUT COMPLETELY.
I DID NOT READ CORRUGATED DEFENSE IN GOOD.
SO IF THERE'S NOTHING ELSE, WE HAVE A MOTION, UM, UM, AS, AS SUGGESTED WITH, WITH THE ITEM REGARDING THE CORRUGATED FENCING REMOVED AND AN AMENDMENT ON THE, ON THE CLEAR VISION TO BE, HAVE THE WORDS PREDOMINANTLY OPEN.
UH, IF THE STAFF MUST HAVE A ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. S SPILLMAN, I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
UH, NOW LET'S HAVE A MOTION FOR THE SPECIAL EXCEPTION, PLEASE.
MANA COMMISSIONER MANNA REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 0 6 0.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A EIGHT INCH SPECIAL EXCEPTION FOR THE MAXIMUM FIVE FOOT FRONT FENCE HEIGHTS TO ALLOW A FIVE FOOT EIGHT INCH PREDOMINANTLY OPEN FENCE ALONG THE NORTHERN PROPERTY LINE, SITUATED AT 9 2 4 IOWA STREET, APPLICANT BEING ALBERTOS, UH, CABILLA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF PROPERTY SUCH THAT LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
UH, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT PURPOSE OF THE CHAPTER.
THE D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR A FENCE HEIGHT MODIFICATION.
A FIVE FOOT EIGHT INCH PREDOMINANTLY OPEN FENCE WAS OBSERVED ALONG THE NORTHERN PROPERTY LINE THAT DEVIATES FROM THE FIVE FOOT MAXIMUM HEIGHTS REQUIREMENT.
IF GRANTED STAFF FINDS THE REQUEST TO BE HARMONIOUS WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE, B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE.
THESE CRITERIA ARE REPRESENTED BY FENCE SITES TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY.
THE FENCES IN THE FRONT, UH, INSIDE YARDS ARE EXCEEDING THE MAXIMUM HEIGHT REQUIREMENT AND ARE PREDOMINANTLY OPEN.
UM, THE FENCE AT THE CURRENT HEIGHT APPEARS TO SERVE THE PUBLIC WELFARE AND CONVENIENCE.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE FRONT AND SIDE YARD FENCES WOULD PROVIDE ADDITIONAL PRIVACY FOR NOT ONLY THE SUBJECT PROPERTY, BUT THE ADJACENT PROPERTIES.
THEY'RE NOT SUBSTANTIALLY, UH, THEY DO WILL NOT SUBSTANTIALLY INJURE NEIGHBORING PROPERTY OR ADJACENT CONFORMING PROPERTIES.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL
[00:55:01]
CHARACTER OF THE DISTRICT AND LOCATION OF WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT UPON.SITE VISITS, STAFF OBSERVE OTHER FENCES THAT APPEAR TO BE DEVIATING FROM THE MAXIMUM FRONT YARD, UH, HEIGHT, FENCE, FENCE, HEIGHT, UH, REQUIREMENTS FOUND IN THE COMMUNITY.
THE EXCEPTIONS DO NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME.
THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AND OF MOTION.
SECOND BY COMMISSIONER KAPLAN.
SO, SO I DID NOT READ THE FIRST AMENDMENT, UH, WITH REGARDS TO THE, UH, SOLID SCREEN FENCING.
SO THAT WAS LEFT OUT AND REALLY JUST PROVIDED THE EXCEPTION FOR THE EXISTING FENCE IN THE FRONT YARD.
COMMISSIONER KAPLAN, REALLY GET WHAT YOU JUST SAID,
SO BASICALLY TOOK OUT THE SOLID SCREEN FENCING ALONG THE SIDE.
I DIDN'T READ THAT IN THE MOTION.
I NO, I, I AND I I CONCUR WITH THIS.
WELL, UH, I JUST WANTED TO ASK, UH, THEY, THEY WERE ASKING FOR A SIX FOOT SOLID FENCE.
UH, WOULD IT BE, COULD THEY GET A FIVE FOOT EIGHT PREDOMINANTLY OPEN FENCE? YES, I GUESS SO.
SO, SO, YES, I WOULD CONCUR WITH THAT.
SO, AND THAT'S WHAT I GUESS IMPLIED WHEN I, YEAH, I GUESS IT WAS SPECIFIC FOR, IT'LL BE THE FRONT YARD THEN.
SO, SO FIVE FOOT, EIGHT INCH FOR THE FRONT YARD, ESSENTIALLY, RIGHT? YEAH.
SO YOU WOULD, SO WHAT WOULD HAPPEN TO ITEM NUMBER TWO STAYS? BUT ITEM NUMBER ONE WOULD BE READ INTO, TO READ AN EIGHT INCH VARIANCE TO ALLOW A, A PREDOMINANTLY OPEN FENCE ALONG THE WESTERN PROPERTY LINE.
I TAKE THAT FRIENDLY AMENDMENT.
OKAY, COMMISSIONER KAPLAN? I DO.
ALRIGHT, SO WE HAVE A MOTION SPECIAL EXCEPTION BEFORE US.
IS THERE ANY OTHER COMM COMMENTS HEARING NONE OF US HAVE A ROLL CALL VOTE PLEASE.
MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT.
MS. KAPLAN CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
MR. UNA, I CON I CONCUR CHAIR.
I ALSO INCURED THE FINDINGS OF FACT.
UM, THE APPLICANT CAN PLEASE GET WITH STAFF IF THEY HAVE ANY QUESTIONS.
ALL RIGHT, NEXT ITEM IS ITEM TWO, CASE ENDING IN 49.
GOOD AFTERNOON, BO O 8 23 1 0 3 0 0 0 4 9.
ADDRESS IS GENERALLY LOCATED IN THE 26,000 BLOCK BODE ROAD COUNSEL.
DISTRICT NINE APPLICANT IS KELLEN GRIFFIN IN FAIRMONT.
A REQUEST FOR ONE, A 15 FOOT VARIANCE FROM THE MAXIMUM 35 FOOT SIGN HEIGHT ALLOWANCE TO ALLOW A 60 FOOT TALL SINGLE TENANT SIGN WITH A 10 FOOT ELEVATED ADJACENT GRAIN BONUS AND TWO 140 FOOT SQUARE FEET VARIANCE FROM THE MAXIMUM 200 SQUARE FOOTAGE TO ALLOW A SINGLE TENANT SIGN TO BE 340 SQUARE FEET.
SUBJECT PROPERTY IS LOCATED ALONG THE CORNER INTERSECTION OF BO VERDE ROAD AND US 2 81.
THE LOCATION PROVIDES A UNIQUE SET OF CIRCUMSTANCES SUCH AS DECREASED VISIBILITY AND LIMITED ACCESSIBILITY.
THE RECENT OVERPASS CONSTRUCTION HAS CREATED AN EXPRESS WEIGHT, HAS ELEVATED SIGNIFICANTLY ABOVE THE PROPERTY, AND ADDITIONALLY DUE TO DRAINAGE IMPROVEMENTS IN EXISTING POWER LINES IN THE PROXIMITY TO THE INTERSECTION OF US 21 NORTH AND VERDE ROAD, THE PROPOSED SIGN WILL SET BACK FAR INTO THE PROPERTY.
HERE'S YOUR SITE PLAN AND YOUR SUBJECT PROPERTY, A NEIGHBORING PROPERTY AND OF VIEW OF, UH, US 2 81 AND THE SURROUNDING AREA.
RECOMMENDATIONS SITE HEIGHT AND SQUARE FOOTAGE.
STAFF RECOMMENDS DENIAL AND B O A 23 1 0 3 0 0 0 4 9 BASED ON THE FOLLOWING FINDINGS, THE NEW PROPOSED SIGN HEIGHT AND SQUARE FOOTAGE ARE EXCEEDING THE US 2 81 NORTH GATEWAY CORRIDOR DISTRICT PLAN.
AND TWO, THE CURRENT ALLOWABLE HEIGHT AND SIZE WILL NOT CAUSE A SENSATION OF LEGITIMATE LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY NOTIFICATION PLAN.
STAFF MAILED OUT FOUR NOTICES.
ZERO IN FAVOR, ZERO IN OPPOSITION.
AND THERE ARE NO NEIGHBORHOOD REGISTERED ASSOCIATIONS.
THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE.
OKAY, BEFORE YOU GO, UM, WHEN DID THE CORRIDOR PLAN GET PASSED? DO YOU KNOW? DO YOU RECALL THE APPROXIMATE DATE? UH, OR YEAR? I'D HAVE TO LOOK AT IT FOR YOU.
I'M JUST WONDERING IF IT'S, IF TRYING TO FIGURE OUT IF IT, HOW MUCH IT'S, IT PREDATES THE CURRENT, UH, CHANGES TO
[01:00:01]
S 2 81.AND, UH, I BELIEVE WE HAVE A, A GENTLEMAN FROM THE SIGN.
WE'LL HAVE SOME QUESTIONS FOR YOU.
WHILE WE'RE DOING THAT, IS THERE ANYONE SIGNING TO SPEAK OR ANY PUBLIC COMMENTARY? WE HAVE ONE VOICEMAIL FOR THIS ITEM AND THE FOLLOWING SIGN, UH, VARIANCE, IF YOU WANNA PLAY THAT NOW.
YEAH, I'D LIKE TO HEAR THE VOICEMAIL NOW.
UM, WHILE YOU'RE LOOKING UP THAT DATE, PLEASE.
MY NAME IS COLLEEN WAPAC, 1603 TARTAN LANE, SAN ANTONIO, 7 8 2 3 1 2 1 0 2 5 9 7 0 6 7.
I AM COMMENTING ON ITEMS NUMBER TWO AND NUMBER THREE.
THESE ITEMS ARE BOTH REQUESTING AN INCREASE IN SIGN HEIGHT, IN EXCESS OF THAT OF THE ALLOWED MAXIMUM HEIGHT.
BOTH LOCATIONS ARE NEAR OVERPASSES, HOWEVER, THE CURRENT SIGN CODE ALREADY ALLOWS FOR ADDITIONAL HEIGHT IN AREAS ADJACENT TO OVERPASSES.
THE PETITIONER IS REQUESTING AN ADDITIONAL HEIGHT ALLOWANCE.
THESE LOCATIONS ARE BOTH IN RAPIDLY DEVELOPING AREAS WITH MUCH OPEN AREA FOR FUTURE DEVELOPMENT.
ITEM NUMBER TWO IS THE HILL COUNTRY GATEWAY CORRIDOR, WHICH HAS SPECIFIC RESTRICTIONS ON BOTH SIGN HEIGHT AND SIZE.
THE PETITIONER IS ASKING FOR A VARIANCE TO BOTH OF THESE ITEMS. THE VARIANCE TO THE MAXIMUM PERMITTED SIGN WOULD BE 170% TO THE PERMITTED CURRENT PERMITTED SIGN.
IN ITEM NUMBER THREE, IN ADDITION TO AN INCREASE IN HEIGHT, PETITIONER IS REQUESTING A 90% DECREASE FROM THE RIGHT OF WAY SETBACK.
NEITHER OF THESE CASES NEEDS THE VARIANCE TO EXIST AS A VIABLE BUSINESS ENTITY.
IF THIS PROPERTY IS NOT DEVELOPED BY THE PETITIONER, IT WILL LIKELY BE DEVELOPED BY ANOTHER COMMERCIAL ENTITY WITHIN TWO YEARS.
GRANTING THESE VARIANCES WILL GIVE THE PETITIONER A COMPETITIVE ADVANTAGE OVER BUSINESSES WHICH HAVE ALREADY DEVELOPED A OR DEVELOPING IN THE FUTURE.
SOME OF THOSE BUSINESSES MAY THEMSELVES SEEK THEIR INTEREST, UH, FURTHER ERODING OUR SIGN CODE.
OUR SIGN CODE DOES NOT CREATE AN OBSTACLE FOR THESE PETITIONERS STAFF IS SUGGESTING DENIAL.
IN THESE TWO CASES, I REQUEST THAT YOU KEEP THE PLAYING FIELD FAIR FOR ALL BUSINESSES, WHICH MAY DEVELOP IN THIS AREA BY DENYING THESE VARIANCE REQUESTS.
UH, SO I HAD A QUICK QUESTION FOR THE, FOR THE SIGN, UH, SIGN DIVISION.
UM, CAN YOU PLEASE EXPLAIN WHAT THE 10 FOOT ELEVATED ADJACENT GRADE BONUS IS FOR THE BENEFIT OF THE COMMISSION? WHENEVER, UM, WHEN WE HAVE A HIGHWAY FRONTAGE, SO RIGHT NEXT TO THE HIGHWAY IN THERE, WE HAVE A GREAT SEPARATION WHERE THERE'S, THE RAMPS ARE COMING UP ONTO THE HIGHWAY.
WE ALLOW 10 FEET MORE THERE VERSUS BEING SET BACK.
AND IS THAT, IS THAT EVER ADJUSTED BASED ON THE HEIGHT OF THE OVERPASS? NO, JUST THE 10 FEET.
UM, SO WHAT IS THE LIMIT RIGHT NOW? WHAT IS IT? CAN, CAN IT BE AT 50 FEET? 60 FEET? BECAUSE IT'S A CORRIDOR.
THE MOST IT COULD BE IS AT TH 35 FEET, AND THEN THEY WOULD BE ALLOWED AT 10 FOOT ADJACENT.
SO AT MAXIMUM 45 FEET OVERALL HEIGHT.
THAT'S WHAT I WANTED TO MAKE SURE.
LET'S HAVE THE APPLICANT COME FORWARD PLEASE.
HI, GOOD AFTERNOON, JAMES GRIFFIN, KILLING GRIFFIN AND FAIRMAN.
UH, TEN TEN ONE REUNION PLACE, UH, HERE ON BEHALF OF THE APPLICANT, UH, WHICH IS MCDONALD'S.
UM, UH, WE HAVE TWO IN A ROW, UH, AS YOU'VE SEEN AND AND HEARD ALREADY, SO I'LL TRY TO COMBINE THEM, UM, AS MUCH AS I CAN TO, TO SAVE Y'ALL SOME TIME.
UH, UH, REAL QUICK TO START, UM, CHAIR, TO ANSWER YOUR QUESTION, THE, UH, 2016.
UM, THE, UH, THE OVERLAY WAS ADOPTED IN 2016, UM, BACK WHEN 21 WAS JUST A TWO LANE KIND OF RURAL ROAD ALMOST.
I MEAN, IT'S, YOU KNOW, I THINK IT'S RECENT IN EVERYBODY'S MEMORY HOW IT WAS, UH, EVEN THIS INTERSECTION WAS A FOUR-WAY STOP WHERE YOU WERE LOOKING OVER RIGHT AT THE PROPERTY, AND NOW IT'S A HIGH SPEED HIGHWAY IN EVERY SENSE OF THE WORD.
UM, BUT I'LL, I'LL GET, UH, GET TO MORE OF THAT HERE IN A SEC.
UM, IS THERE A CLICKER? CAN YOU CLICK DO IT? JUST LEMME KNOW WHENEVER.
UH, SO, SO HERE'S THE PROPERTY.
AND YOU CAN SEE, YOU KNOW, EVEN IN THE AERIAL, UM, THE AERIAL'S A LITTLE OUTDATED, THAT THE, THE ELEVATED HIGHWAY IS BUILT, OPERATING, AGAIN, MAJOR, MAJOR EXPRESSWAY THERE, UH, DRASTICALLY DIFFERENT FROM WHAT THE AREA WAS WHEN THE OVERLAY WAS ADOPTED, AND REALLY WHEN ALMOST ALL OF THOSE OTHER BUSINESSES IN THE AREA, UH, ACROSS THE STREET, YOU HAVE A, A WHATABURGER,
[01:05:01]
A BILL MILLERS, AND A WALGREENS.ALL OF THOSE WERE BUILT, INCLUDING THEIR, THEIR SIGNS, OBVIOUSLY, UH, WELL BEFORE THE HIGHWAY IS THE HIGHWAY THAT IT IS NOW.
UM, OUR, OUR PROPERTY ITSELF, UH, WAS ACTUALLY KIND OF A, A REMAINDER OF A LOT, UH, THAT HAD TO GIVE AWAY A LOT OF RIGHT AWAY TO TXDOT AS PART OF THIS EXPANSION.
UH, BUT WE'RE A LITTLE OVER AN ACRE AND A HALF, UM, WITH FRONTAGE ON, ON BOTH BULVERDE AND 2 81, UH, WHICH I'LL, I'LL KIND OF COME BACK TO THAT IN, IN A SECOND.
UH, HERE'S JUST ZOOMED OUT A LITTLE BIT, UH, A LITTLE BIT MORE.
UH, WE ARE PRETTY FAR NORTH, UH, NORTH SAN ANTONIO, UM, AGAIN AT BULL VERDE AND 2 81, UM, SOMEWHAT OF A COMMERCIAL, UH, CORRIDOR THERE, UH, AT THAT INTERSECTION IN THE NEXT ONE.
AND THE, UH, I GUESS THE, THE RESIDENTIAL AND MAYBE THIS, UH, SHOWS IT AS WELL.
THERE IS SOME RESIDENTIAL KIND OF FURTHER TO THE WEST.
IT IS OUTSIDE OF THE CITY LIMITS PART OF THAT, UH, AREA.
AND THAT GROUP THAT, UM, ADAMANTLY, UH, PROTESTED ANNEXATION, UM, WHEN AT THE TIME THE CITY WAS, WAS COMING ALONG AND ANNEXING THIS AREA IN 2016.
UM, UH, LEMME GO TO THE NEXT ONE.
SO WE, UH, HERE ARE THOSE GATEWAY CORRIDOR STANDARDS.
THIS IS FROM THE ENABLING ORDINANCE, REALLY, UH, ALLOWING FOR, UM, UH, THESE OVERLAYS TO COME IN AND HAVE REDUCED, UH, SIGN HEIGHTS AND SQUARE FOOTAGE.
UM, AGAIN, WE ARE ASKING, WE WOULD OTHERWISE BE LIMITED TO, UH, 35 FEET PLUS 10 FEET FOR THE GRADE SEPARATION.
UH, WE ARE ASKING FOR A 60 FOOT SIGN, WHICH ACTUALLY WOULD BE ALLOWED BY RIGHT, UH, BUT FOR THE, UH, BUT FOR THE OVERLAY.
UM, AND IS REALLY KIND OF THE NORMAL, UH, SIGN SIZE FOR EXPRESSWAYS SUCH AS THIS ONE.
UH, HERE'S A LITTLE BIT MORE ON THE VARIANCE REQUEST.
UM, THE, THE SQUARE FOOTAGE, UH, PIECE MAY, MAY STICK OUT TO YOU AS WELL.
I, I THINK, AND WE HAVE SOME ILLUSTRATIONS HERE IN THE NEXT, UH, SLIDE OR TWO, BUT I THINK EVERYBODY'S FAMILIAR WITH THE, THE GOLDEN ARCHES.
UM, THE WAY THE SIGN CODE REQUIRES SQUARE FOOTAGE TO BE MEASURED IS REALLY DRAWING A BOX AROUND THE SIGN, UH, IF IT'S PREDOMINANTLY OPEN, UH, LIKE OURS IS, AND CALCULATING THE SQUARE FOOTAGE THAT WAY.
SO, UH, EVEN THOUGH, UH, WE ARE ASKING FOR A 340 SQUARE FOOT SIGN THAT INCLUDES A DIGITAL DISPLAY AND THE GOLDEN ARCHES, WHICH ARE REALLY, AGAIN, PREDOMINANTLY OPEN AIR AND ACTUAL SIZE, MUCH, MUCH SMALLER, BUT IT'S JUST THE WAY IT'S, IT'S MEASURED THERE.
UM, IT IS A, UH, A LOT OF REASONS FOR, UH, THIS VARIANCE REQUEST.
UM, WE'LL SHOW YOU IN A SECOND HERE ON THE, ON THE SITE PLAN.
UH, WE HAVE A, A QUITE A BIT OF EASEMENTS, DRAINAGE EASEMENTS, ELECTRICAL EASEMENTS, TRANSMISSION LINES.
UH, THERE'S JUST A LOT GOING ON BE PRIMARILY BECAUSE OF THE HIGHWAY AND THE LOCATION THAT SEVERELY LIMITS, UM, WHERE OUR SIGNS CAN GO.
AND, AND MAYBE MORE IMPORTANTLY, HOW WE CAN BE SEEN.
WE'RE ALSO, UH, AT, AT ONE OF THE LOWEST POINTS, UH, OF THIS ENTIRE AREA, YOU KNOW, GOING UP 2 81 THIS WAY.
UH, THAT'S WHEN YOU START TO GET TO THE HILL COUNTRY AND, AND THERE'S, THERE'S KIND OF HILLS ALL AROUND US, BUT WE ARE AT A REALLY A, A, A LOW POINT.
SO THE, THE INTENT, YOU SEE A FEW MORE REASONS UP THERE.
UH, THE INTENT HERE IS JUST TO PROVIDE EFFECTIVE SIGNAGE, BOTH FOR SAFETY AND FOR COMMERCIAL VIABILITY.
YOU KNOW, YOU DON'T WANT PEOPLE SEEING THE SIGN TOO LATE AND TRYING TO, YOU KNOW, PULL ACROSS HOWEVER MANY LANES OF TRAFFIC, UH, OR MISSING IT, YOU KNOW, SLAMMING ON BRAKES, ALL THOSE THINGS.
IT NEEDS TO BE EFFECTIVE SIGNAGE SO THAT, UH, UH, FOLKS CAN SEE IT WITH ENOUGH TIME TO, YOU KNOW, SAFELY, PROPERLY EXIT, UH, AND FIND THIS LOCATION, AND THEN OBVIOUSLY BE ABLE TO FIND IT OUTSIDE OF THOSE SAFETY CONCERNS, UM, UH, TO, TO HELP WITH THE BUSINESS.
UH, SO HERE'S OUR, HERE'S OUR SITE PLAN.
UM, YOU CAN SEE, UH, COVERED QUITE A BIT, UH, WITH EASEMENTS AND, UH, DETENTION AREAS.
UM, THERE'S EASEMENTS AND, AND UTILITY INFRASTRUCTURE ALONG 2 81, SIGNIFICANTLY MORE ON BULVERDE.
UH, THEN YOU HAVE, UH, REALLY SOME KIND OF TURNS AND TWISTS ALONG BULL VERDE ROAD THERE.
UH, THERE YOU SEE THE, THE SIGN LOCATION, UH, TRYING TO PUT IT, YOU KNOW, IT'S CLOSE TO THE HIGHWAY.
UM, BUT, UH, BACK FROM THE LANDSCAPE BUFFERS, THE EASEMENTS, THE DRAINAGE INFRASTRUCTURE, EVERYTHING ELSE GOING ON THERE, UH, IN THIS SITE.
UM, ALSO IMPORTANT TO NOTE THAT, UH, WE ARE JUST ASKING FOR ONE SIGN.
UH, SO WE WOULD BE ALLOWED, UH, ONE PRIMARY SIGN ON 2 81, ANOTHER PRIMARY SIGN ON, ON VERDE
[01:10:01]
ROAD.UH, AND THEN WE'D HAVE, UH, WE HAVE THE, THE LENGTH TO ALSO HAVE SECONDARY SIGN, UH, ON EACH OF THOSE ROADS, WHICH IS 75% OF WHAT THE PRIMARY SIGN ALLOWS.
SO, UH, WE BELIEVE IT REALLY MEETS THE SPIRIT INTENT OF THE CODE, UM, TO HAVE ONE SIGN THAT ADMITTEDLY IS A LITTLE TALLER.
THAT'S WHAT WHAT WE'RE ASKING FOR, AS OPPOSED TO FOUR SIGNS THAT WOULD JUST ADD TO THE CLUTTER.
UM, AND, AND ALL THOSE THINGS THAT REALLY, I THINK THE SIGN CODE AND OTHERS ARE TRYING TO AVOID THE, YOU KNOW, OVERUSE OF SIGNS AND AGAIN, VISUAL CLUTTER, UH, ALL THAT.
SO HERE'S A, A COLOR RENDERING OF THE SIGN.
UM, SEE WHAT I WAS TALKING ABOUT, HOW IT, IT IS PREDOMINANTLY OPEN.
UM, NOT A WHOLE LOT OF, UH, WORDS OR, OR OTHER VISUALS ON THERE.
UM, IT IS, YOU KNOW, JUST THE, THE TRADITIONAL TRADEMARK MCDONALD'S SIGN, UH, WHICH ALLOWS FOR, FOR THE SIGN TO BE OPEN, UM, LESS OF AN IMPACT VISUALLY, BUT STILL, YOU KNOW, GETS THE MESSAGE ACROSS.
UM, THERE YOU GO, THERE, THERE'S WHAT, UH, MENTIONED EARLIER ABOUT, YOU KNOW, KIND OF WHAT WE WOULD BE ALLOWED OTHERWISE, UH, WITHOUT THE OVERLAY.
I, I, I THINK YOU'LL SEE ON, ON THIS ONE AND THE NEXT ONE, THAT, UH, EVEN THOUGH IT IS A RECOMMENDATION OF DENIAL, UH, SEEMS LIKE, UH, STAFF WAS HARD PRESSED TO FIND A, A REAL REASON FOR DENIAL.
UM, YOU CAN SEE, YOU KNOW, THE, THE, THE FIRST REASON IS THAT IT EXCEEDS THE, EXCEEDS THE REQUIREMENTS.
THAT'S, THAT'S KIND OF WHY WE'RE HERE.
UM, AND MAYBE MORE IMPORTANTLY, THE SIGN LIMITATIONS THAT WERE IMPOSED BY THE OVERLAY BACK IN 2016.
UH, WERE WRITTEN AND ADOPTED UNDER A COMPLETELY DIFFERENT SET OF CIRCUMSTANCES.
AGAIN, A A REALLY SLEEPIER TWO-LANE ROAD, ALTHOUGH STILL PLENTY OF TRAFFIC, BUT, UM, NOT THE ELEVATED HIGH SPEED HIGHWAY THAT WE SEE TODAY.
UH, THE NEXT ONE IS, UH, A REASON FOR DENIAL IS THAT IT WILL NOT CAUSE A CESSATION OF LEGITIMATE, LONGSTANDING ACTIVE COMMERCIAL USE ON THE PROPERTY, THAT THE PROPERTY IS UNDEVELOPED.
UM, AND THERE IS SOME COMMERCIAL NEARBY, LIKE I MENTIONED, UH, THAT HAS SIGNAGE THAT WAS, UM, CREATED OR APPROVED AND INSTALLED, UH, BACK WHEN THE, THE ROAD IN THE AREA WAS MUCH DIFFERENT.
SO, UH, APPROVAL OF THIS VARIANCE WILL ACTUALLY ALLOW FOR, UH, COMMERCIAL USE OF THE PROPERTY.
UH, NEXT ONE, UH, HERE'S JUST A, ANOTHER AERIAL KIND OF SHOWING WHAT, UM, WHAT THIS AREA HAS BECOME IN TERMS OF THE HIGHWAY AND IT BEING UNDER CONSTRUCTION.
THERE YOU CAN SEE, UH, REALLY THE SHARP TURN ON BULVERDE AS WELL, UM, FROM FOLKS COMING FROM THE, THE NORTH HEADED TO THIS INTERSECTION.
UH, HERE YOU SEE AS YOU'RE APPROACHING THIS SITE.
ON THE RIGHT, YOU SEE, UM, QUITE A BIT OF, UH, POWER POLES, THE, THE HUGE TRANSMISSION LINES, UM, EVERYTHING ELSE GOING ON IN THIS INTERSECTION THAT, THAT REALLY, THERE'S A LOT OF, LOT OF DISTRACTIONS.
ONE, UH, EASILY VISIBLE SIGN IS, IS THE SAFEST, MOST APPROPRIATE, YOU KNOW, REALLY BEST FOR, FOR EVERYBODY INVOLVED.
UM, THE SIGN THAT WE'RE REQUESTING WOULD BE, OBVIOUSLY SIGNIFICANTLY LOWER THAN THOSE TRANSMISSION LINES THAT YOU CAN'T EVEN FULLY SEE IN THIS PICTURE HERE.
THAT'S THE PROPERTY, UH, OFF TO THE, I GUESS YOU KNOW, IT, IT ON THE RIGHT THERE.
UM, AND YOU SEE, UH, ONCE AGAIN, THE, UH, THE TRANSMISSION LINES, THE POWER POLES, LINES, EVERYTHING, UH, GOING ON THAT, UH, UH, REQUIRES US TO ASK FOR A LITTLE BIT MORE HEIGHT TO JUST KIND OF POP UP ABOVE THE, THE TREES AND, AND POWER POLES AND ALL THAT.
UM, AGAIN, JUST, JUST WANT TO BE SEEN.
THAT'S OUR, THAT'S OUR PROPERTY ON THE LEFT.
UM, KIND OF SAME, SAME COMMENTS THERE.
UH, HERE'S SOME OF THE ELEVATION YOU SEE.
SO WE ARE DOWN AT, UH, UH, 1,180.
UH, YOU CAN SEE REALLY ALL THE AREAS AROUND US, UH, ARE HIGHER, I GUESS, EXCEPT FOR RIGHT THERE, UM, UH, KIND OF UNDER THE HIGHWAY, UH, AT BULVERDE.
BUT, UH, THE ROAD ITSELF IS AT 1200, UH, FEET ABOVE, UH, SEA LEVEL.
SO WE'RE, YOU KNOW, 20 FEET LOWER THAN THE, THE ADJACENT ROAD.
THE ADJACENT HIGHWAY SIGNIFICANTLY LOWER THAN REALLY ALL THE PROPERTY AROUND US.
UM, YOU GO TO THE NEXT ONE AS WELL.
UM, THAT'S JUST A ZOOMED OUT VERSION.
YOU CAN SEE WE REALLY ARE DOWN IN A BOWL THERE.
UM, YOU HAVE ELEVATIONS OF 12 60, 12 40, UM,
[01:15:01]
OFF, OFF TO THE WEST THERE.UH, AGAIN, SIGNIFICANTLY LOWER THAN, THAN, UH, EVERYTHING AROUND US.
UM, SO HERE'S, UH, THIS IS A COMPLETELY DIFFERENT SITE, UM, BUT BRINGING THIS UP, BECAUSE I WANNA SHOW YOU, THIS IS WHAT AN, AN 80 FOOT SIGN LOOKS LIKE IN A VERY SIMILAR CIRCUMSTANCE.
UM, AND IF THIS DOES LOOK FAMILIAR TO SOME OF Y'ALL, THIS, UH, ACTUALLY WENT BEFORE THE BOARD OF ADJUSTMENT A COUPLE YEARS AGO, UM, RIGHT WHEN Y'ALL CAME BACK FROM, UH, THE COVID BREAK AND, AND DOING THE, THE VIRTUAL HEARINGS.
BUT, UM, THIS IS AN 80 FOOT SIGN.
I I BRING THIS UP BECAUSE ONE, UH, STAFF ACTUALLY RECOMMENDED APPROVAL OF THIS.
AND, AND, UH, THE, THE BOARD, UH, ALSO, UH, APPROVED THIS SIGN.
BUT, UH, 80 MAY SOUND LIKE A LOT, BUT IT, YOU CAN SEE HERE, IT'S REALLY JUST ENOUGH FOR EFFECTIVE ADVERTISING GIVEN, UM, UH, WHAT IS AROUND ON THESE COMMERCIAL INTERSECTIONS HERE.
UM, YOU CAN SEE, UH, PARTICULARLY IN THAT MIDDLE PICTURE, IT IS, YOU KNOW, IF IT WAS ANY LOWER, IT, IT REALLY WOULDN'T, WOULDN'T BE SEEN QUITE HONESTLY.
I'LL TRY TO GO VERY QUICK ON THE NEXT ONE, BY THE WAY, I KNOW I'M GOING ON ON THIS ONE, SO APOLOGIZE.
UM, HERE'S, UH, JUST SOME, UH, EXPANDED PICTURES OF, UH, FROM THAT LAST SLIDE SHOWING AGAIN, THAT'S, THAT'S AN 80 FOOT SIGN.
SAME, UH, SAME MCDONALD'S SIGN, OBVIOUSLY.
UM, BUT 80 FEET IS, IS JUST ENOUGH.
AND ALTHOUGH THAT'S 20 FEET MORE THAN WE'RE WE'RE ASKING FOR ON, ON THIS CASE.
UM, THIS ONE IS KIND OF THE, THE OPPOSITE, UH, OF THAT ONE.
UH, THIS IS A 50 FOOT SIGN ON A, UM, A ANOTHER MCDONALD'S THAT'S JUST OFF OF FOSTER, UH, AND I 10.
AND IT, IT, IT'S ALMOST, UH, WHERE'S WALDO KIND OF THING.
IT, IT'S HARD TO SEE WHERE THAT SIGN IS AT ALL, MOST OF THE TIME FROM ALL THE DIFFERENT ANGLES.
A 50 FOOT SIGN GETS LOST BELOW THE TREE LINE GETS LOST BEHIND OTHER BUILDINGS, OTHER SIGNAGE.
SO, UM, WANTED TO OFFER THOSE TWO.
AS YOU KNOW, PERSPECTIVES TO SHOW 50 REALLY ISN'T ENOUGH IN, IN JUST ABOUT EVERY SITUATION.
UM, 80 REALLY IS, IS WHAT PROVIDES EFFECTIVE ADVERTISING.
BUT, UH, IN THIS CASE, WE'RE, WE'RE ASKING FOR 60.
UH, HERE YOU ARE THE, UH, EXITS, UH, NORTHBOUND AND SOUTHBOUND ON TWO ONE, JUST TO GIVE YOU, UH, ANOTHER PERSPECTIVE OF, OF WHY THIS IS NEEDED.
SO, SPEED LIMIT OUT THERE ON TWO, ONE IS 65, UM, PEOPLE LIKELY TRAVELING FASTER.
UM, WE ARE, AS THE CROW FLIES, SO NOT EVEN THE ACTUAL, UH, ROAD MILES, BUT WE'RE, UH, A LITTLE OVER 5,000 FEET, UH, GOING NORTHBOUND, UH, FROM THE EXIT TO OUR SITE, UH, HEADED SOUTHBOUND, IT'S A LITTLE OVER 6,700 FEET.
SO, UM, REALLY BEING ABLE TO SEE THAT SIGN IN TIME TO EXIT IS, IS CRITICAL.
UM, AND AGAIN, UH, DRASTICALLY DIFFERENT HIGHWAY AND AREA THAN IT WAS WHEN THE OVERLAY WAS ADOPTED.
UH, SO HERE'S JUST ANOTHER VIEW, UH, FROM ACROSS THE HIGHWAY, 20 PLUS, UH, ELEVATED HIGHWAY.
YOU CAN SEE, UH, YOU HAVE SOME PRETTY TALL FLAGPOLES THERE, UH, THAT I THINK, UH, UH, THOSE REACHED ABOUT 80 FEET OR SO.
UH, SO TO GIVE YOU AN IDEA OF WHAT, WHAT WERE FACED ON THE OTHER SIDE AND NEXT ONE.
UM, SO THIS JUST KIND OF SUMS IT UP, WHICH I'M SURE Y'ALL ARE, ARE READY FOR ME TO SUM THIS ONE UP.
UM, BUT, UM, AGAIN, VERY DIFFERENT THAN THAN WHAT, UH, THE SITUATION WAS SIX YEARS AGO WHEN THIS OVERLAY WAS ADOPTED.
UM, WE HAVE SOME, SOME SEVERE LIMITATIONS ON THE SITE.
UM, UH, TOPOGRAPHY, DISTANCE FROM, UH, EXITS.
YOU HAVE AN ELEVATED HIGHWAY, UH, AND THE SPEED AT WHICH THOSE VEHICLES TRAVEL ON.
UH, YOU HAVE A SITE THAT'S PRETTY CLUTTERED, UM, WITH, WITH EASEMENTS, POWER LINES, TRANSMISSION LINES, EVERYTHING ELSE.
AND SO, UH, WE ARE, UM, ASKING FOR, UH, THIS VARIANCE TO, UH, ALLOW FOR JUST ONE SIGN AGAIN, INSTEAD OF THE, THE FOUR THAT COULD BE OTHERWISE ALLOWED, UH, AT A LITTLE HIGHER HEIGHT, UM, TO PROVIDE, YOU KNOW, SAFE, EFFECTIVE, UH, SAFE AND EFFECTIVE, UH, ADVERTISING, UH, FOR THIS PROPOSED NEW COMMERCIAL USE.
SO THANK Y'ALL FOR YOUR, FOR YOUR PATIENCE THERE, UH, THROUGH THAT, UH, PRESENTATION.
HAPPY TO ANSWER ANY QUESTIONS.
UH, IS IT, IT'S AT LEAST WHAT, A MILE OR OR MORE FROM EACH EXIT EXIT RAMP, RIGHT? YES, MA'AM.
SO, UM, IS IT EVEN GOING TO BE, YOU KNOW, A, A 60 FOOT SIGN? USUALLY WHAT PEOPLE DO IS
[01:20:01]
YOU'LL HAVE, UM, BEFORE THE EXIT, IT'LL SAY, UH, MCDONALD'S, YOU KNOW, THERE'LL BE A SIGN TO, TO LET PEOPLE KNOW THERE IS A MCDONALD'S, BECAUSE IF YOU'RE A MILE AWAY, IT'S STILL GONNA BE HARD TO SEE THOSE, THOSE GOLDEN ARCHES FROM, YOU KNOW, YOU'RE A MILE AWAY ON EITHER SIDE.SO ISN'T IT MORE EFFECTIVE FOR YOU FOR ADVERTISING JUST TO PUT SIGNAGE ON 2 81 TO DO IT? BECAUSE IF YOU'RE, IF YOU'RE OBVIOUSLY ON THE FRONTAGE ROAD OF 2 81 GOING SOUTH, YOU'RE GONNA SEE THE GOLDEN ARCHES WITH A 45 FOOT SIGN.
IF YOU ARE TRAVELING AT 60 OR 70 MILES AN HOUR ON THE HIGHWAY ON 2 81, AND YOU'RE A MILE AWAY BEFORE YOU GET THERE, YOU'RE NOT GONNA STOP.
YEAH, THAT, THAT'S A GREAT QUESTION.
AND THOSE, UM, THOSE TEXT DOT SIGNS THAT DO SAY, YEAH, FOOD AND GAS, UM, DONE LITTLE SPECIFICALLY.
WHEN, WHEN THOSE ARE AVAILABLE, UH, ALWAYS TRY TO, UM, UH, PURCHASE ADVERTISING ON THAT.
AND THAT, AND THAT'S THE ONLY OTHER WAY TO GET, YOU KNOW, OFF-PREMISE SIGNING SIGNAGE, SO TO SPEAK.
UM, THE, I I'M NOT SURE ABOUT THE AVAILABILITY AND THE LOCATION OF THOSE.
UM, IT, IT'S ALL, IT'S JUST AN SAYING THAT THERE'S A WHATABURGER AND THERE'S A BILL MILLER, AND THEY DON'T HAVE THAT KIND OF SIGNAGE, AND THEY'RE NOT ASKING AT THIS TIME.
AND I'M QUESTIONING THE VIABILITY OF IT BEING GOOD ADVERTISING FOR YOU.
IF YOU'RE, IF YOU'RE A MILE AWAY AND YOU HAVE TO GET OFF AN EXIT RAMP, UH, YOU WON'T BE ABLE TO SEE IT.
SO WHAT'S THE POINT? WELL, I MAY NOT BE ABLE TO SEE IT, BUT MY KIDS CAN SEE IT.
UM, AND THEY WILL LOOK UP FROM THE BACKSEAT, AND I'VE, I'VE ACTUALLY KIND OF CLOCKED IT AND IT'S, UH, FROM, FROM OTHER ONES, UM, USUALLY TRYING TO HIDE IT FROM 'EM, HONESTLY.
BUT, UM, BUT, BUT THEY CAN, THEY, IT, IT CAN BE SEEN FROM, FROM OVER A MILE AWAY IF IT IS AT THE, THE RIGHT HEIGHT AND, YOU KNOW, VOCAL POINT I'LL CALL IT.
SO, UM, NOW MCDONALD'S HAS SOME MORE KIND OF TECHNICAL INTERNAL STUDIES THAN MIKE GETS IN THE BACKSEAT, BUT, UM, BUT THE THE POINT BEING IS IT, IT, IT ACTUALLY CAN BE SEEN.
AND, AND I THINK IT DOES ALLOW FOR, UM, SOME, SOME PLANNING EVEN AT THOSE DISTANCES FROM THE, THE ON RAMP OR OFF RAMPS.
UH, CAN YOU BRING THAT CONTOUR MAP BACK UP? MM-HMM.
AND IT LOOKS LIKE WHERE YOUR SITE IS, YOU'RE IN A DEPRESSION.
LIKE YOU, IT, IT GOES, IT RISES AS YOU GO NORTH.
AND I, AND I JUST WANTED TO SEE IF, IF, IF I'M READING THIS CORRECTLY, IT LOOKS LIKE YOUR SIGN'S GONNA BE AT 1180 AND THEN, YOU KNOW, JUST A, A FEW, UH, 16TH OF A MILE, PROBABLY TO THE NORTH, IT LOOKS LIKE IT GOES UP ALMOST 20 FEET.
AND SO THAT, AND THE SAME THING HAPPENS TO THE SOUTH.
I MEAN, IT IMMEDIATELY RISES 15, 20, 30, 40 FEET, I MEAN IT WITHOUT EVEN GOING AN EIGHTH OF A MILE.
AND SO I JUST WANTED TO MAKE SURE THAT I'M, IF THAT, IF THAT, UH, IS SOMETHING THAT YOU'D WANTED TO TALK ABOUT.
'CAUSE I, I, BECAUSE YOUR MAP DIDN'T SHOW TO THE NORTH, BUT I MEAN, BUT YOU ARE SHOWING THAT IT DOES RISE A GOOD 20 FEET JUST BEFORE IT GETS TO A STATE GATE.
THANK YOU FOR, FOR BRINGING THAT UP.
WE REALLY, WE ARE STARTING AT SUCH A DISADVANTAGE FROM NORTHEAST, SOUTH, AND WEST, UH, BECAUSE WE ARE SO, SO MUCH LOWER.
WELL, I JUST WANTED TO MAKE SURE THAT WAS, I WAS READING THAT RIGHT.
IS THERE ANY OTHER QUESTIONS? UH, COMMISSIONER FRANKLIN OR CRUZ, AND THEN MENKA THEN INTO, UM, SO MY QUESTION IS REGARDING THE, THE OVERPASS ITSELF, OR EVEN JUST THE FREEWAY BEFORE AND AFTER, UH, THE, THE SIGN.
UM, THERE'S ALSO, UM, NOT JUST THE ELEVATION OF THE, THE OVERPASS, BUT THERE'S ALSO, UM, FENCING OR BARRIERS ALONG THE SIDE.
SO ESSENTIALLY YOU'RE NOT LOOKING DOWN, YOU'RE STILL, THERE'S STILL, BESIDES THE 20 FEET UP ABOVE THE, WHERE YOU'RE AT, THERE'S STILL ALSO YEAH, THAT, THAT'S A GREAT POINT.
UH, YEAH, WE'RE 20 FEET TO THE PAVEMENT, BUT YOU'RE RIGHT, THAT DOESN'T COUNT THE, YEAH.
THE, THE WALLS AND, UM, YOU KNOW, THE CAR AND, AND ALL THOSE OTHER FACTORS.
SO YEAH, WE'RE SIGNIFICANTLY LOWER.
AND THAT, UH, THAT SECTION IN THE CODE ALLOWS, YOU KNOW, UP TO 10 FEET FOR A BONUS.
YOU KNOW, IF THE, IF THE ROAD WAS ONLY SIX FEET ABOVE OUR PROPERTY, WE'D, YOU CAN ONLY GET THE SIX FEET FOOT BONUS.
UM, AND SO HERE WE'RE LIMITED AT 10, BUT, BUT YOU'RE ABSOLUTELY RIGHT.
IT'S, IT'S REALLY SIGNIFICANTLY MORE THAN 20 FEET ABOVE WHERE, WHERE OUR SIGN STARTS.
SO ESSENTIALLY, 'CAUSE YOU'RE STARTING 20 FEET IN THE HOLE BECAUSE OF WHERE THE, THE ELEVATION OF THE OVERPASS IS COMPARED TO YOUR ELEVATION.
[01:25:01]
SO YOU'RE 20 FEET IN THE HOLE THERE, AND THEN PROBABLY ANOTHER FOUR FEET WITH THE BARRIERS ON THE SIDE.UM, AND SO, AND, AND THE SIGN CODE ALLOW, I MEAN, THE, THE CODE ALLOWS FOR 35 FEET PLUS 10.
SO ESSENTIALLY YOU'RE REALLY ONLY, IT'S REALLY ONLY FIVE FEET THAT YOU'RE ASKING FOR.
'CAUSE YOU'RE, YOU'RE ALREADY 20 FEET IN THE HOLE.
I MEAN, IF YOU'RE COMPARING GRADE TO GRADE.
I MEAN, IT, YEAH, I MEAN, IT COULD EVEN BE AT THE STREET LEVEL ALMOST WITH ALL THE, UM, WITH ALL THOSE THINGS WE JUST TALKED ABOUT COM COMMISSIONER MANCHACA.
UH, THIS IS ALONG THE LINES OF COMMISSIONER KAPLAN.
FIRST OF ALL, UH, THE BRAND NAME IS WELL KNOWN, APPS, SIGNS, WHATEVER.
SECOND OF ALL, YOU HAVE THE SIGN AT THE CORNER, WHICH IS AN ADVANTAGE COMPARED TO THE BUSINESS THAT'S BEHIND YOU, THAT, UH, MODEL HOME THING.
AND, UH, SAID, WELL, YOU HAVE MORE ADVANTAGE.
SO I SAID, OKAY, HOW MANY, HOW MUCH DISTANCE DO YOU NEED TO SEE THE SIGN AS YOU PASSING 60 MILES AN HOUR, UH, 1100 FEET FROM THE INTERSECTION GOING NORTH ON 2 81, THERE'S AN ENTRANCE RAMP TO 2 81 GOING SOUTH.
WELL, YOU'RE NOT GONNA SEE THE SIGN TO GET OFF AT THAT POINT.
SO NOW YOU PASS IT AT BULL VERDE, SO YOU WAY DOWN THE, DOWN THE STREET.
SO YOU'RE GONNA MAKE THE BIG U-TURN, AND I'M HAVING AN ISSUE WITH THE 60 FOOT THAT YOU CAN'T SEE IT.
IT'S WHAT MY LITTLE ANALYSIS IS DOING KIND OF DEAL.
AND, UH, I'M CONCERNED ABOUT THIS, UH, OVERPASS THAT IS, UH, REALLY BLOCKING THINGS.
UH, I'VE BEEN THROUGH THERE RECENTLY, AND I HAVE NO ISSUE LOOKING AT THE SIGNS BOTH LEFT AND RIGHT, WHAT BUSINESSES WERE THERE.
SO WE'RE STRUGGLING WITH A 60 FOOT THING, MAN.
WELL, YEAH, IF I COULD, I'M SORRY, GO AHEAD.
UM, YEAH, GREAT, GREAT POINTS.
AND, UH, AGAIN, UM, ARE KIND OF TECHNICAL AND VERY UNTECHNICAL, UH, UH, YOU KNOW, VIEWS OF SEEING THE SIGN IN TIME TO EXIT, ARE THAT A, A SIGN OF AT LEAST 60? HONESTLY, 80 DOES IT MUCH BETTER.
UM, BUT, UH, ALLOWS ENOUGH TIME TO EXIT AND YOU'LL SEE A COUPLE THINGS.
SO THE BUSINESS NEXT DOOR, THE, THAT'S ACTUALLY WHO, UH, UH, MCDONALD'S WILL BE PURCHASING THE LOT FROM.
UM, AND YOU CAN ALSO SEE THEY, ALTHOUGH THEIR BUSINESS IS, IS A LITTLE DIFFERENT, YOU KNOW, EVERYONE'S TRYING TO STILL GET, UH, THE ATTENTION OF MOTORISTS THEY USED THAT, THAT METHOD THAT I THINK YOU SEE, UH, OFTEN OF, OF A BIG OLD FLAGPOLE THAT GOES WAY HIGHER THAN A SIGN REALLY WOULD OTHERWISE BE ALLOWED.
AND THEY PUT, PUT A FLAG UP THERE, AND THEN THEY PUT THEIR KIND OF NAME BRAND FLAG ON THERE.
SO THEY, UH, THEY ALSO ARE STRUGGLING WITH, WITH THAT SAME VISIBILITY.
UM, AND AGAIN, THEY WOULDN'T PUT 'EM AT AN ADVANTAGE.
THEY ARE, THEY'RE SELLING US THE, THE LOT AND WELL AWARE THERE, BUT YOU CAN SEE HOW THEY, AGAIN, HOW THEY HAVE TRIED TO GET AROUND IT AND, AND FIND THAT, UH, APPROPRIATE VISIBILITY, UH, WITH THE FLAGPOLES YOU SAW THERE.
UM, ONE YOU MENTIONED THAT YOU BY RIGHT, WOULD HAVE THE ABILITY TO PUT SOME ADDITIONAL SIGNAGE ON THE PROPERTY, BUT YOU'RE NOT PURSUING THAT.
DO YOU KNOW HOW MUCH OF IT, UH, HOW MUCH OF THE SQUARE FOOTAGE YOU'D BE GIVEN UP, UH, TO THAT? AND THE SECOND QUESTION IS, UM, THIS MASSIVE UTILITY POLE, IS THIS AN EASEMENT ON YOUR PROPERTY? WHICH WOULD, I WOULD THINK BLOCK, YOU KNOW, SOME ADDITIONAL VIEW OF ANY SIGN THAT WOULD BE LOWER? UH, UH, YES.
THE, UM, THOSE POLES ARE ON OUR PROPERTY, UM, UH, WITHIN, WITHIN EASEMENTS, UM, THE TOTAL SIGNAGE, UM, I SHOULD HAVE THAT.
UM, SO IT'D BE, YEAH, ONE PRIMARY ON EACH FRONTAGE, EACH FRONTAGE, UM, AND, AND THEN A SIGN AT 75%, UH, OF WHAT THAT WOULD BE.
SO IT WOULD BE SIGNIFICANTLY MORE THAN WHAT WE'RE ASKING FOR.
I, I KNOW THAT'S NOT A PRECISE ANSWER AND I APOLOGIZE FOR THAT.
BUT, UM, AND, AND WE WOULD BE WILLING TO, YOU KNOW, RESTRICT THE SITE TO JUST ALLOW THAT ONE SIGN SO SOMEBODY DOESN'T COME IN.
AND SO THAT'D BE A NET BENEFIT TO THE, UH, YEAH.
THE OVERALL REDUCTION IN SIGNIFICANT REDUCTION IN BOTH IN THE SQUARE FOOTAGE AND THE LIGHT AND ALL THE OTHER, UH, YES.
ARE THERE ANY, UH, COMMISSIONER SPIELMAN? YES.
UH, HOW FAR ARE YOU FROM, UH, THE CAMP BULLIS? UM, WE ARE, UH, QUITE A WAYS FROM CAMP BULLIS NOW.
WE ARE IN THE, UM, WE ARE IN THE M L O D.
UM, SO WE ARE WITHIN THE CAMP BULLIS OVERLAY.
UM, SO THE SIGNAGE, LIGHT INTENSITIES WILL BE ALL UNDER THOSE REGULATIONS AS WELL AS THE OTHER LIGHTING ON THE SITE.
[01:30:03]
OKAY.ANY OTHER QUESTIONS? CRUZ, MR. CRUZ? UM, I'VE GOT A QUESTION THOUGH, FOR OUR SIGN GUY, CAN HE COME UP AGAIN PLEASE? I'M SORRY.
SHOULD HAVE ASKED YOU YOU SOONER.
UM, DO YOU KNOW HOW TALL THE BILL MILLERS AND THE WHATABURGER SIGNS ARE COMPARISON? THEY, THEY ARE IN THE CORRIDOR, SO THEY'RE PROBABLY, I'M NOT SURE OF THAT, BUT I WOULD VENTURE TO SAY THAT THEY'RE MEETING THE, MEETING THE INTENT OF THE CODE, WHICH IS PROBABLY AT, UH, 45 FEET AT THE MAXIMUM OVERALL HEIGHT AND 200 SQUARE FEET.
SO THE ZONING OR THE, UH, SIGN? PARDON? UM, SO, SO ONE QUESTION I HAD, AND SO AS I RECALL, THE EARLIER CASE THAT WE DID FOR MCDONALD'S IS BECAUSE MCDONALD'S IS A PREDOMINANTLY OPEN SIGNAGE THAT, DO WE MEASURE THE SIZE OF THAT SIGN DIFFERENTLY THAN WE WOULD A SOLID SQUARE RECTANGLE? NO.
SO, SO EVEN THOUGH IT'S PREDOMINANTLY OPEN, UM, WE'RE GONNA MEASURE SQUARE, SO THERE'S NO ALLOWANCES FOR THAT SQUARE.
AND THE OTHER ONE PREVIOUSLY, THIS IN THE CORRIDOR, THE OTHER ONE'S WORKED.
AND THEN DO WE KNOW WHAT THE HEIGHTS OF THOSE TELEPHONE POLES ARE? UM, OR ANY OF THOSE POLES? SO, SO JUST AS A NOTE IN, YOU KNOW, IN FUTURE ONES, THAT'D BE NICE TO KNOW.
SO YOU CAN REFERENCE, YOU KNOW, WHAT THE HEIGHTS OF THOSE THINGS ARE.
SO YOU CAN KIND OF GET A, A VISUAL OF REALLY WHAT SIZE WE'RE TALKING ABOUT, JUST, JUST TO KIND OF LAY IT OUT.
I WAS JUST AN AGREEMENT WITH, UM, OH, OKAY.
UH, ARE THERE ANY OTHER QUESTIONS? AND, UH, ALRIGHT, UH, SO IF THERE'S NOTHING ELSE, GO AHEAD.
SORRY, ONE MORE JUST TO, TO MAKE SURE, UH, ANSWER YOUR QUESTION, UM, ABOUT THE, THE WHATABURGER AND THE BILL MILLERS.
UM, I ACTUALLY WORKED ON THAT PROJECT, UM, YEARS AGO, AND THERE WAS A, THEY DID A SIGN MASTER PLAN SO THEY COULD HAVE THE, YOU KNOW, OFF-PREMISE SIGNAGE FOR EACH OF THOSE OTHER USES.
BECAUSE EVEN WHEN THE HIGHWAY WASN'T ELEVATED IN WHAT IT WAS NOW, THEY WERE WORRIED ABOUT EFFECTIVE ADVERTISING FROM, YOU KNOW, VERDE, UH, FROM THE OTHER ANGLES.
AND, AND AT THE TIME, THE DEVELOPER CONTROLLED THAT ENTIRE BLOCK THERE.
SO THEY DID A SIGN MASTER PLAN TO ALLOW THE KINDA OFF-PREMISE FLEXIBILITY AND IN EXCHANGE, YOU KNOW, HAVE THE LOWER LESSER SIGNAGE.
UH, THEY ALSO WERE, UH, SUBJECT TO THE OVERLAYS, BUT 2 81 WAS, YOU KNOW, AGAIN, RIGHT THERE IN FRONT OF 'EM.
AND THERE WAS, THERE WAS A STOPLIGHT THERE.
SO YOU COULD, YOU DIDN'T NEED THE, THE HIGHER, LARGER SIGNAGE.
SO JUST WANTED TO KIND OF ADD SOME, SO I HAVE A QUICK QUESTION, UH, FOR STAFF.
SO JUST TO MAKE SURE I'M CLEAR ON THIS, UH, THE APPLICANT IS PROPOSING TO PUT A PREDOMINANTLY OPEN MCDONALD'S SIGN.
IF THAT SIGN WERE TO EVER CHANGE TO ANYTHING ELSE OR EVEN BE REPLACED BY ANOTHER MCDONALD'S SIGN, THE VARIANCE GOES AWAY.
CORRECT? BECAUSE I RECALL YOU SAYING, ARE YOU SAYING IF THEY ARE REPLACING LIKE MCDONALD'S WITH BURGER KING OR SOMETHING LIKE THAT? IS THAT WHAT YOU'RE SAYING? WELL, I MEAN, IF THIS WERE TO BE APPROVED TODAY, IN 10 YEARS DOWN THE ROAD, IF MCDONALD'S WANTED TO PUT A NEW VERSION OF THEIR SIGN AND REPLACE THE WHOLE CABINET, UM, THE VARIANCE WOULD BE VOID.
SO IF THEY WERE, IF THEY'RE REPLACING THE SIGN THAT'S DIFFERENT FROM, UM, REPLACING IT FROM DAMAGE.
IF THEY'RE JUST CHANGING THE, LIKE FROM MCDONALD'S TO A NEWER MCDONALD, BUT ALL THE MEASUREMENTS STAY THE SAME, THEN THEY'RE FINE.
BECAUSE THE SIGN, THE SIGN ITSELF EXISTS.
BUT IF IT'S DAMAGED OR SOMETHING LIKE THAT, BEYOND, I, I'M ONLY ASKING 'CAUSE WE'VE HEARD, WE'VE SEEN MANY OF THESE SIGN CASES AND IN SOME INSTANCES SOMEBODY IS DOING MAINTENANCE, THEY TAKE THE, THE CABINET OFF TO PERFORM MAINTENANCE AND THEN ALL OF A SUDDEN THEY LOSE ALL THEIR NON-CONFORMING RIGHTS AND WHATNOT.
AND SO I'M TRYING TO FIGURE OUT THAT THE CASES BEFORE US TODAY, IT, IT, IT, IT, IT, WHETHER IT'S TRULY LIMITED TO THIS ONE SIGN THIS ONE TIME, AND IF IT WERE EVER TO CHANGE IN THE FUTURE, THEN WHAT WE DO TODAY WOULDN'T MATTER ANYMORE.
I, I THINK THE LAST TWO SIGN CASES WE HAD, THEY WERE EXPANDING THEIR SQUARE FOOTAGE AND THE OTHER ONE WAS EXPAND OR INCREASING THEIR HEIGHT, IF I REMEMBER CORRECTLY.
BUT IF, IF THEY STAY WITHIN WHAT THEY'RE GETTING A VARIANT FOR, THEY DON'T HAVE TO COME BACK.
UM, IF THEY'RE JUST SWITCHING THE SIGN OUT, I JUST REMEMBER A A, I THINK IT WAS A WHATABURGER SIGN OFF OF RMAN WHERE THEY WERE DOING MAINTENANCE.
THEY TOOK THE CABINET OFF, THEY WERE GONNA FIX SOMETHING ON THE POLE, PUT THE CABINET BACK ON, BUT THEN STAFF IT UP.
YOU TOOK THE CABINET OFF, YOU LOST ALL YOUR NON-CONFORMING RIGHTS, GO TO THE BOA.
IF IT, IF IT WAS NON-CONFORMING, THEN THAT'S, SO IF, IF THE SIGN CODE ESTABLISHED AFTER THE SIGN WAS MADE, THAT'S DIFFERENT FROM THEM JUST SWITCHING OUT, CHANGING THE OUT HERE.
SO THEY WOULD HAVE SOME CONTINUITY.
[01:35:01]
SURE.BRAGMAN, COMMISSIONER BRAGMAN, AND THEN KAPLAN.
UH, SO MY QUESTION IS, SINCE THE APPLICANT HAS STIPULATED THAT, UM, THAT THEY'RE NOT INTERESTED IN PUTTING UP THE THREE ADDITIONAL SIGNS THAT THEY HAVE BY, BY, RIGHT.
IS THAT ALL THAT THAT THEY NEED TO SAY? OR IS THERE ANYTHING THAT NEEDS TO BE AMENDED? YEAH.
DOES THEIR APPLICATION, CAN THAT BE PART OF THEIR APPLICATION OR, OR NOT AS FAR AS BEING ABLE TO REBUILD, BEING ABLE, UH, TO, TO ADD ADDITIONAL SIGNS THAT THEY MAY BE, UH, WARRANTED.
CAN THEY MAKE IT PART OF THEIR APPLICATION THAT THEY'RE NOT GOING TO BE PURSUING OR ADDING ANY ADDITIONAL SIGNS? SO THIS IS ONLY FOR A SINGLE TENANT SIGN.
SO THEY CANNOT HAVE MULTIPLE SIGNS FOR THIS VARIANCE.
BUT, BUT THEY CAN'T PER, THEY CAN'T RESTRICT AS THE APPLICANT THE PROVISION OF ADDITIONAL SIGNS TO, TO CORRECT HELP SWAY US CAN'T, WE CAN'T, UH, PREVENT ANYTHING PERMITTED BY RIGHT.
COMMISSIONER KAPLAN, I CLARIFI YOU WERE SAYING ABOUT THE 340 SQUARE FOOT SIGN.
SO IF WE SAID YES TO THE 340, BECAUSE MCDONALD'S IS A PREDOMINANTLY OPEN AND IT DOESN'T REALLY TAKE 340 SQUARE FEET.
WHAT YOU'RE SAYING THAT IF THEY WENT OUTTA BUSINESS AND SOLD IT TO A BURGER KING, BURGER KING COULD GET THE 340 SQUARE FEET.
THAT PREDOMINANTLY OPEN DOES NOT MATTER.
ANY OTHER QUESTIONS? AND SORRY, IF I CAN YEAH, GO AHEAD.
IF, IF IT'S NOT, UM, I GUESS ALLOWABLE AS A CONDITION, YOU KNOW, WE CAN, UM, PRIVATELY RESTRICT AND, AND RECORD IN THE RECORDS, UM, OR, YOU KNOW, WHATEVER THE, THE BEST MECHANISM IS TO SAY YES, WE WILL ONLY HAVE ONE FREESTANDING SIGN SHOULD THE VARIANCE BE APPROVED.
AND, AND TWO, THAT IT WILL BE LIMITED TO, UM, YOU KNOW, THE, THIS PARTICULAR SIGN NOT A, A DIFFERENT SIDE OKAY.
UH, WELL, THE ONLY WAY THAT COULD EVER HAPPEN IS IF WE WERE TO DO A CONTINUANCE.
HAVE YOU RECORD SOMETHING THAT ON THE INSTANCE THAT THIS GETS APPROVED, IT WOULD BE IN EFFECT THAT YOU WOULD ONLY HAVE ONE SIGN AND THEN HEAR THIS TWO WEEKS FROM NOW.
IS THAT SOMETHING THAT YOU WOULD BE OPEN TO? YES.
UH, DOES THAT, UH, BRAGMAN GO AHEAD, COMMISSIONER BRAGMAN.
IT'S SOMETHING THAT WOULD MAKE ME FEEL A LOT BETTER.
I MEAN, BECAUSE I, I THINK THE FOUR SIGNS, UM, IN ADDITION TO HAVING AN OVERSIZED SIGN AND A HIGHER SIGN, IT'S GONNA BE A BIT MUCH, AND, AND I, I KNOW WHAT THE CITY IS TRYING TO ACCOMPLISH WITH THE SIGN ORDINANCE IS TO DO AWAY WITH, WITH, YOU KNOW, A LOT OF THE CLUTTER.
SO IT WOULD MAKE ME FEEL A LOT MORE POSITIVE TOWARDS THE VARIANCE THAT'S REQUESTED.
IF THE STIPULATION WAS THOSE OTHER THREE SIGNS, I MEAN, WE CAN'T WANT THAT, WE CAN'T MANDATE THAT OR ASK FOR IT, BUT IF THEY, NO, BUT I, BUT IF THEY WERE TO DO IT AND, AND PRESENT IT TO US, UH, IS THAT SOMETHING THEY COULD DO TO, AS PART OF SWAYING? THEY, THEY CAN PRESENT IT TO YOU, BUT IT WOULD NOT BE ENFORCED BY THE CITY WHATSOEVER.
AND WE CAN'T IT AS A CONDITION OF MANA SORT.
SO, SO ONE QUESTION I THINK THAT I'VE HEARD ONE OR TWO COMMISSIONERS TALK ABOUT THE HEIGHT, YOU KNOW, IN GENERAL.
AND SO I GUESS THE QUESTION TO THE APPLICANT IS IF THE HEIGHT WAS, WAS NOT GRANTED, BUT THE SIGN SIZE WAS, YOU KNOW, WOULD THAT, WOULD YOUR OFFER STILL BE STANDING WITH REGARDS TO LIMITING THE NUMBER OF SIGNS? YOU KNOW, SO, YOU KNOW, I GUESS YEAH.
I CAN'T, I, I CAN'T ANSWER THAT, BUT I, I, I THINK, I THINK THE ANSWER'S PROBABLY NO, BUT OKAY.
SO I THINK, UH, WE'VE PROBABLY BEATEN THIS ISSUE TO DEATH HERE.
IS THERE ANYBODY THAT'D LIKE TO MAKE A MOTION? COMMISSIONER BRA MAKE
YEAH, WE ARE WILLING TO DO THAT, BUT, OKAY.
REGARDING CASE NUMBER BO A DASH 23 DASH 0 3 0 4 9, UM, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A 15 FOOT, ONE OF 15 FOOT VARIANCE FROM THE MAXIMUM 35 FOOT QUARTER SIGN HEIGHT ALLOWANCE TO ALLOW A 60 FOOT TALL SINGLE TENANT SIGN WITH A 10 FOOT ELEVATED ADJACENT, UH, GRADE BONUS AND TWO 140 SQUARE FOOT VARIANCE FROM THE MAXIMUM 200 SQUARE FOOTAGE ALLOWED TO ALLOWANCE TO ALLOW A SINGLE TENANT SIGN TO BE 340 SQUARE FEET, GENERALLY LOCATED IN THE 26,000 BLOCK OF BULL VERDE ROAD, APPLICANT BEING KI GRIFFIN AND FAIRMAN P L L C.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNAGE ON THE SITE.
CONSIDERING THE UNIQUE FEATURES OF A SITE SUCH AS ITS DIMENSIONS, LANDSCAPING, OR TOPOGRAPHY, OR TO A DENIAL OF VARIANCE, WOULD PROBABLY CAUSE A CESSATION OF LEGITIMATE, LONGSTANDING ACTIVE COMMERCIAL
[01:40:01]
USE OF THE PROPERTY.THE PROPERTY CURRENTLY QUALIFIES FOR A SIGN 45 FEET IN HEIGHT, 200 SQUARE FEET FOR A SINGLE TENANT SIGN THAT INCLUDES A 10 FOOT BONUS HEIGHT DUE TO THE ADJACENT ELEVATED GRADE OF OVERPASS.
THE APPLICANT IS REQUESTING A VARIANCE TO ERECT A NEW SIGN AT 60 FOOT IN HEIGHT AND TO BE 340 SQUARE FEET DUE TO THE ELEVATED GRADE OF THE OVERPASS.
AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH IN THE PARAGRAPHS ONE AND TWO, THE BOARD FINDS THAT A GRANTING THE VARIANCE DOES NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHERS SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED.
THE PROPOSED SIGN DOES NOT APPEAR TO BE, TO PROVIDE A SPECIAL PRIVILEGE AS THERE ARE OTHER SIGNS OF THIS HEIGHT OR SQUARE FOOTAGE IN THE SURROUNDING AREA.
B GRANTING THE VARIANCE WILL NOT HAVE A SUBSTANTIAL ADVERSE IMPACT ON NEIGHBORING PROPERTIES.
THE PROPOSED VARIANCE WILL NOT HAVE AN, AN ADVERSELY IMPACT ON THE NEIGHBORING PROPERTIES AS THERE ARE OTHER SIGNS OF THIS HE OR SQUARE FOOTAGE AND, AND APPEAR SIMILAR TO THE SIGN REGULATION STANDARDS FOR THE 200 FOR THE US 2 81 GREATER NORTH GREATER CORRIDOR DISTRICT PLAN C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATE OF PURPOSE OF THIS ARTICLE.
A SIGN EXCEEDING 45 FEET IN HEIGHT TO INCLUDE 10 FOOT BONUS, 200 SQUARE FEET WILL NOT SUBSTANTIALLY CONFLICT WITH THE US HIGHWAY 2 81 NORTH GATEWAY CORRIDOR DISTRICT PLAN.
WE HAVE A MOTION AND A SECOND, SECOND, UH, COMMISSIONER, UH, BRACKMAN.
UM, I'LL BE IN SUPPORT OF THIS MOTION, UM, FOR SEVERAL REASONS.
ONE, THAT THE OVERPASS IS, UH, 20 FEET HIGHER THAN THE ELEVATION OF THE, UM, SIGN, THE, THE BASE OF THE SIGN, UM, BY JUST HAVING ONE SIGN, WHICH I HOPE THAT THEY WILL, UH, ADHERE TO THAT, UH, PROMISE.
UH, INSTEAD OF FOUR, UH, I THINK IT'LL, UM, GO A LONG WAY TOWARDS, UH, UH, ADHERING TO THE SIGN OF THE, THE INTENT OF THE SIGN REGULATION IN TERMS OF REDUCING THE AMOUNT OF, UH, SIGNAGE, UM, ALONG THE, THE CORRIDOR.
SO I'LL BE IN SUPPORT OF THE MOTION.
I THINK, UH, ZUNIGA, YOU NEED A SECOND? SAME.
UM, I'M GONNA CHIME IN AND JUST AND JUST SAY THAT THAT, YOU KNOW, JUST THE CONTOUR MAP SHOWS THIS SPECIFIC PIECE OF PROPERTY IS SUNKEN AT LEAST 20 FEET AWAY FROM AN EIGHTH OF A MILE, A 16TH OF A MILE IN EITHER DIRECTION.
AND I THINK THE INTENT OF THESE SIGNS IS NOT TO LOOK AT IT WHEN YOU'RE DIRECTLY NEXT TO THE PROPERTY, BUT TO BE SOME SHORT DISTANCE.
SO AN EIGHTH OR 16TH OF A MILE CERTAINLY DOES IT FOR ME.
I, AND IT IS PREDOMINANTLY OPEN.
UM, IS THERE ANYONE ELSE LIKE TO ADD O ZUNA, COMMISSIONER ZUNA? YES.
SO I'M GONNA BE IN FOR, FOR THE VARIANCE AS WELL.
I MEAN, WE, WE NOTED THE TOPO ELEVATION OF AT LEAST 20 FEET, WHICH BASICALLY JUST PUTS THE HEIGHT THAT PAR WITH EVERYTHING ELSE.
UH, SECOND, WE HAVE THESE MASSIVE EASEMENTS THAT CRISSCROSSED THE PROPERTY.
I'M LOOKING AT THIS ELECTRICAL TOWER THAT'S GONNA OBVIOUSLY PROVIDE SOME, UH, UH, VISIBILITY BLOCKAGE FROM ANY OTHER SIGN THAT WOULD BE LOWER.
AND THEN IMPORTANTLY, THE APPLICANT IS MAKING HIS PROMISE HERE THAT, UH, THE SIGNAGE WOULD BE LIMITED TO THIS ONE, UH, PYLON SIGN WITH THE SQUARE FEET THAT WOULD BE LIMITED TO.
AND SO, YOU KNOW, WE HAVE AN OVERALL NET REDUCTION OF SIGNAGE AND POTENTIALLY HEIGHT IF, IF YOU CONSIDER THE OTHER SIGNS THAT WOULD BE OTHERWISE AVAILABLE THAT THE APPLICANT IS NOT PURSUING ON THE PROPERTY.
SO THEREFORE I'M PURS I'M SUPPORTING IT.
WE GOT, UH, COMMISSIONER SPIELMAN, UH, MENCHACA, THEN SPIELMAN AND CAPTAIN.
SO BASICALLY, UH, IS TO AN AGREEMENT TO 60 FOOT IS WHAT YOU'RE SAYING AS MR. SPIEL.
I HAVE DIFFICULTY WITH THE IDEA THAT, UH, YOU KNOW, NONE OF THIS IS ENFORCEABLE AND THAT SOMEBODY CAN COME BACK LATER AND, AND BUILD OTHER SIGNAGE IN THERE.
THE SIZE OF THE SIGN SEEMS TO BE INAPPROPRIATE.
AND I, I JUST CAN'T, DON'T THINK I COULD POSSIBLY VOTE FOR THIS ONE.
SO A QUESTION FOR STAFF ON THAT, ON THAT, UH, REMARK, UH, WHEN WE HEAR VARIANCES OF, OF VARY THINGS, IT SOMETIMES IT'S AS APPLIED, I'M GONNA DO SOMETHING AND THIS IS HOW I'M GONNA DO IT.
AND THIS IS WHAT WE'RE APPROVING.
IN THIS CASE, THE APPLICANT IS SUBMITTING A SITE PLAN, HE'S SHOWING WHERE THE SIGN'S GONNA GO, AND HE'S SHOWING IT TO BE A MCDONALD'S SIGN AND ITS SIZE A CERTAIN WAY.
CAN'T THAT BE TIED TO THIS APPLICATION? ARE ARE YOU REFERRING TO IF HE CAN'T BUILD ANY MORE SIGNS? NO, NO.
SO SOLELY THE FACT THAT 10 YEARS FROM NOW, IF HE SELLS TO A BURG TO A WHATABURGER AND THEY WANNA PUT THIS MASSIVE OPAQUE RECTANGLE IN ITS PLACE, I DON'T SEE HOW THIS VARIANCE WOULD CARRY OVER.
IF IT'S, IF HIS APPLICATION IS, IS SPECIFIC TO A, TO A MCDONALD'S SIGN AT A SPECIFIC LOCATION.
THIS, THIS VARIANCE IS SPECIFIC TO A 340 SQUARE FOOT SIGN.
UM, SO IF SOMEBODY, IF SOMEBODY IS JUST REPLACING THE MCDONALD'S WITH
[01:45:01]
ANOTHER SIGN, AS LONG AS IT IS 300 SQUARE, 340 SQUARE FEET, THEY'RE FINE.THEY CAN'T BE GREATER THAN, RIGHT.
IT CAN'T BE GREATER THAN, AND THEN CAN'T WE USE THE SITE PLAN ALSO IF THEY'RE SUBMITTING THAT, UH, TO LIMIT THE NUMBER OF SIGNS AVAILABLE ON THE PROPERTY IF WE JUST SAY, HEY, UH, UH, AS APPROVED, UM, SIGN, SO THIS, THIS SIGN IS, UM, THE ONE SIGN.
BUT IF THEY'RE PERMITTED OTHER SIGNS PER THE CODE, WE CANNOT RESTRICT THAT.
NOW THAT'S, THAT'S WE, WE'VE, WE UNDERSTAND THAT.
BUT, BUT, BUT THE CONCEPT OF, OF AN APPLICANT TURNING IN A SPECIFIC SITE PLAN, YOU KNOW, HOW, HOW A BUFFER IS GONNA BE DONE, HOW A HOW CURBS OR FENCES, AND WE, WE ON MULTIPLE OCCASIONS, SAY, AS APPLIED, IT'S PART OF THE APPLICATION.
I'M GONNA PUT, I'M GONNA PUT A, A, UM, A CARPORT WITH GUTTERS.
I MEAN, THERE'S, THERE'S SPECIFIC THINGS THAT THEY'RE TYING TO THESE APPLICATIONS THAT WE'RE VOTING ON.
SO WHY ISN'T THE SIGN DONE THE SAME WAY WHERE HE'S SAYING, I'M PUTTING IN A MCDONALD'S SIGN, IT WILL LOOK LIKE THIS, IT IS GOING TO BE PLACED IN THIS LOCATION.
PART OF THIS CAN'T, CAN AT LEAST THE APPLICANT'S, UM, PAPERWORK BE PART OF THIS APPLICATION.
AND THAT THAT'S, 'CAUSE WE DO THAT FOR OTHER, UM, REQUESTS.
I MEAN, IS THERE SOMETHING ABOUT THE SIGN CODE THAT'S DIFFERENT THAN, THAN OTHER APPLICATIONS? THERE'S NOT.
THAT'S WHY I WAS TRYING TO UNDERSTAND.
WELL, YEAH, BECAUSE IF WE HAVE PEOPLE THAT SAY, I'M GONNA BUILD A CARPORT AND IT'S GOING TO BE HAVE GUTTERS OR NOT HAVE GUTTERS, THAT'S WHAT THEY'RE TURNING IN.
AND THAT'S WHAT WE'RE VOTING ON.
IN THIS CASE, THIS APPLICANT'S SAYING, I'M GONNA TURN IN A SIGN THAT'S SHAPED LIKE THIS.
IT IS GOING TO BE LOCATED IN THIS SPECIFIC LOCATION AND IT'S GONNA BE A MCDONALD'S SIGN.
AND CAN'T, CAN'T THE, THE SPECIFICS OF HIS APPLICATION BE WHAT WE'RE VOTING ON? WELL, THAT'S WHERE MERKO IS.
SO IT'S ONLY THE SQUARE FOOTAGE, THE, THE WAY THAT THE SIGN LOOKS.
AS LONG AS THE SQUARE FOOTAGE MEETS THE THREE 40, THAT'S ALL THAT'S GONNA BE OF CONCERN.
THEN NOW THE APPLICANT IS MCDONALD'S OR, OR KILLING GRIFFIN FAIRMAN, WHATEVER.
THE, THE ONLY WAY THAT THAT WOULD CHANGE IS, LET'S SAY THAT THEY'RE GRANTED THE VARIANCE AND THEY DON'T CONSTRUCT IT FOR THE PERIOD OF A YEAR, THEN THE NEXT PERSON HAS TO, OR THEY NEED TO COME BACK AND DO IT AGAIN OR THE NEXT PERSON NEEDS.
SO WHEN SOMEONE COMES UP TO US WITH A CARPORT AND THEY SAY THEY'RE PUTTING GUTTERS, IF THEY DON'T PUT GUTTERS, IS THE VARIANT STILL APPROVED OR NOT? YES.
SO IT DOESN'T MATTER IF SOMEONE SAYS THAT THEY'RE DOING GUTTERS ON A CARPORT.
NO, IT'S, NO, THAT'S NOT WHAT I MEANT.
'CAUSE THERE'S SPECIFICS TO A LOT OF OUR APPLICATIONS THAT WE VOTE ON.
AND IT SOUNDS LIKE THIS GENTLEMAN IS, IS IF THIS APPLICATION INCLUDES A SPECIFICALLY LAID OUT SIGN THAT'S TO LOOK A CERTAIN WAY.
AND THAT'S WHAT WE'RE VOTING ON.
WHY IS IT THAT RIGHT WHEN WE ADD GUTTERS, THAT'S NOT REALLY A KIND OF LIKE A LOOK.
UM, ONCE YOU'RE, ONCE YOU'RE CHANGING PREDOMINANTLY OPEN, JUST FOR THIS EXAMPLE, PREDOMINANTLY OPEN TO OPEN, THAT'S A VERY, UM, DIFFERENT THING.
BUT FOR THE SIGNS THERE IS NO PREDOMINANTLY OPEN LIKE THERE IS FOR OFFENSES.
IF THAT MAKES, THAT'S WHAT WELL, I MEAN, I, I UNDERSTAND THAT.
UH, BUT, BUT AS FAR AS, YOU KNOW, ADDING GUTTERS TO OUR CARPORT, THAT SEEMS TO BE AN ELEMENT, UH, THAT, THAT WE DO VOTE ON AND DO TIE TO CERTAIN REQUESTS.
AND I'M WONDERING WHAT CAN THIS APPLICANT DO ON THIS SIGN TO, TO PUT SOME SORT OF TIE TO, TO THE SPECIFICITY OF WHAT HE'S ASKING FOR TO OUR REQUEST.
I MEAN, IS THERE, I GUESS MAYBE LEGAL SHOULD CHIME IN ON THIS MAYBE, I MEAN, BECAUSE YOU KNOW, THIS COMMISSION DOESN'T SEEM TO HAVE A PROBLEM WITH MCDONALD'S SIGNS BECAUSE OF THE WAY IT IS, AS OPPOSED TO THE FEAR OF SOMEONE PUTTING IN SOME SOLID RECTANGLE.
I, I, I, UH, I DEFINITELY UNDERSTAND WHAT YOU'RE SAYING.
UH, COMMISSIONER, I JUST, I DON'T THINK THERE'S SOMETHING, UNLESS THE LEGAL SAYS SOMETHING.
IF, I MEAN, WE'LL TAKE IFS, WE'LL TAKE ANYTHING HERE.
THE APPLICANT, UH, WELL, I, YEAH, I'M TRYING TO THROW SOMETHING AGAINST THE WALL HERE.
I GUESS WHAT IF, AND THIS WOULD REQUIRE US TO COME BACK, I ASSUME 'CAUSE IT'D HAVE TO BE RENO, BUT IF WE COULD REQUEST A VARIANCE, AND I'M LOOKING OVER HERE TO, UM, TO, INSTEAD OF A VARIANCE FROM THE TOTAL SQUARE FOOTAGE, A VARIANCE TO HOW IT IS MEASURED.
AND WE'D HAVE TO FIGURE OUT, YOU KNOW, I GUESS EXACTLY WHAT THE SQUARE FOOTAGE OF THE ACTUAL SIGN IS.
RIGHT? BUT DOES THAT, DOES THAT MAKE SENSE? 'CAUSE THAT SURE DOES.
GUARANTEES THAT IT'S ONLY, I MEAN WE, WE HEAR CASES WHERE PEOPLE ARE PUTTING VERY SPECIFIC ELEMENTS AND IT JUST SEEMS LIKE THIS THING IS SO SPECIFIC THAT THAT, AND THAT'S, AND ALSO THE NUMBER AND MANNA COMMISSIONER MANNA.
SO THAT'S WHY I ASKED MY ONE QUESTION.
'CAUSE I SEEM TO RECALL THAT THERE'S A WHOLE DIALOGUE ABOUT THE OPENNESS AND WE GRANTED THE VARIANCE BECAUSE OF THE AMOUNT OF OPENNESS FOR THE SIGN.
AND SO I DON'T KNOW IF THEY READ IT DIFFERENTLY THE PREVIOUS TIME, BUT I DO RECALL, THAT'S WHY I ASKED THAT QUESTION WITH REGARDS TO WHETHER OR NOT IT WAS THE, THE OUTLINE OR, OR THE ACTUAL, YOU KNOW, FOOTPRINT.
'CAUSE 'CAUSE THERE WAS SPECIFIC DIALOGUE ABOUT ALLOWING FOR THAT
[01:50:01]
LARGER SIGN 'CAUSE THEY GOT A LARGER SIGN BECAUSE IT WAS THE OPEN THE OPEN FOOTPRINT.IS IT POSSIBLE TO SAY SOMETHING LIKE SPECIFICALLY FOR A MCDONALD'S SIGN, SO SO WHAT DID, WHAT DID Y'ALL, WHAT DID Y'ALL COME OUT WITH? SO IT'S ABOUT THE, THE SIGN SIZE, RIGHT? IF YOU'RE TALKING ABOUT, UH, UH, MAKING THE APPROVAL AND THEN AS REFLECTED ON A SITE PLAN, YOU CAN DO THAT.
I JUST DON'T KNOW ARE THE ENFORCEABILITY, IF IF THERE'S SOMETHING IN CONFLICT, YOU KNOW, DOWN THE ROAD, UM, WE'RE JUST CONCERNED ABOUT THEM REPLACING A, A, A, A VASTLY OPEN SHAPE WITH A SOLID RECTANGLE.
AND I, I DON'T KNOW THAT YOU CAN REACH, BECAUSE IT'S, THIS IS ABOUT THE SQUARE FOOTAGE, SO I DON'T KNOW THAT YOU CAN GET INTO THE, THE DESIGN ELEMENTS OF IT.
UH, CAN THEY COME BACK WITH A VARIANCE ON HOW, ON THE DEFINITION OF HOW THAT'S DONE, HOW THAT'S INTERPRETED.
AND SO THEY'RE, THEY'D BE COMING BACK MEETING THE, THE SQUARE FOOTAGE, BUT, BUT GETTING A VARIANCE ON THE DEFINITION.
BRAGMAN, COMMISSIONER BRAGMAN, COULD WE SEE THE RENDERING OF THE MCDONALD'S SIGN THAT HAS THE MEASUREMENTS ON IT? SORRY TO IF, JUST LET ME KNOW WHEN YOU
SO, UM, SO AS A NOTE, SO I DO HAVE A CHALLENGE WITH THE HEIGHT, YOU KNOW, SO, SO NOT SO MUCH ON THE SIZE OF THE SIGN.
UM, BUT, BUT WITH THE HEIGHT AND, AND FOR TWO REASONS.
UM, ONE IS THAT, YOU KNOW, AS I, YOU KNOW, IT HASN'T MENTIONED THAT IT ISN'T A GULLY, BUT THAT JUST SAYS THAT AS I PRESS THE GULLY, I CAN SEE FURTHER INTO THE DEPRESSION.
SO I WOULD ACTUALLY SEE BETTER.
'CAUSE THE ROAD, IT DOESN'T, YOU KNOW, THE ROAD IS NOT AT A CONSTANT HEIGHT.
SO, SO TO ME THAT WASN'T, I, I DIDN'T, I DIDN'T, I PERSONALLY DIDN'T HAVE A PROBLEM WITH THE HEIGHT BECAUSE IT'S NOT JUST A, A MILD DEPRESSION.
IT'S AN ABRUPT, UH, I MEAN IT, IT REALLY, I MEAN IF, IF YOU WANNA BRING UP THE CONTOUR MAP IT, AND THEN THE SECOND THING IS THAT AS I LOOK AT THE SIZE OF THE TELEPHONE POLES, AND I LOOK AT THE SIZE OF THE, THE ABUTTING, UM, BUSINESSES, YOU KNOW, THEIR SIGNS ARE VISIBLE FROM THE ROADWAY, FROM A DISTANCE AS I GOOGLE, GOOGLE DRIVE IT.
AND SO, SO TO ME, I DIDN'T SEE THAT AS BIG OF A THING.
AND THEN, YOU KNOW, HAVING THE SIGN FOR THE MCDONALD'S, YOU KNOW, TO ME WOULD, YOU KNOW, JUST BE RELEVANT.
I MEAN, AND I WOULD SAY THOSE OTHER TWO BUSINESSES ARE NOT OUT OF BUSINESS, YOU KNOW, WHENEVER IT WENT IN.
UM, AND SO THAT SEEMS, YOU KNOW, SO THERE'S STILL SUCCESSFUL BUSINESSES THERE.
AND THEN FINALLY THEY BOUGHT THE PROPERTY, YOU KNOW, KNOWING THAT THIS, YOU KNOW, THERE'S A, UM, THIS, UH, THIS OVERLAY OR THIS, UH, NOT OVERLAY, BUT YEAH, THIS GROUP KIND OF MADE DECISION OF HOW THEY WANTED THIS AREA TO LOOK, YOU KNOW, AND WE'RE GOING AGAINST THAT.
AND AND THE OVERLAY ABRUPTLY STOPS A HALF MILE UP THE ROAD WITH THE, WITH THE, WITH THE CITY LIMITS, CORRECT? YES, SIR.
SO I MEAN, THAT'S THE OTHER THING.
IT'S, IT'S SO CLOSE TO THE BEGINNING OF ALL THIS AND OKAY.
IS THERE ANY OTHER, ONE OTHER THING I'LL JUST ADD WITH SIGNS? WE HAVE TO BE CAREFUL ABOUT CONTENT NEUTRALITY.
SO WHEN YOU GET INTO TALKING ABOUT, YOU KNOW, DESIGN OR WHAT'S ON THE SIGN, I'D, I'D BE HESITANT TO, TO KIND OF GO DOWN THERE.
WELL, MAYBE NOT DESIGN, BUT AS FAR AS, UM, PERCENTAGE OF THE BOX MAYBE.
SO IF, IF, IF IT'S A 300 SQUARE FOOT BOX AND THEY'RE ONLY USING 40% OF IT, THEN YEAH, I DON'T KNOW THAT THE CODE REALLY GOES THERE.
YOU KNOW, IT'S JUST ABOUT BASICALLY SIGN THE SIZE OF THE SIGN IN GENERAL WITHOUT GETTING INTO 'CAUSE 'CAUSE EVEN THEN YOU'RE TALKING ABOUT ELEMENTS OF HOW YOU'RE GONNA CONSTRUCT IT AND ALL THAT, YOU KNOW, JUST LIKE A FENCE.
COULD WE SAY PREDOMINANTLY OPEN? NO, WHICH MEANS NOTHING, JUST PREDOMINANTLY OPEN TO BE OPEN TO INTERPRETATION.
I, AGAIN, THIS IS, WE DON'T HAVE THAT DEFINITION LIKE WE DO IN THE FENCES.
AND SO THEY COULDN'T, THEY COULDN'T PUT THE SIGN SPECS AS PART OF THEIR APPLICATION AND SAY, THIS IS WHAT WE'RE DOING.
UH, MR. RICHARD, WE MEASURE FROM THE ENTIRE THING.
SO THERE'S, THERE'S, THERE'S NO LIKE, PERCENTAGE OF OPENNESS THAT WE CAN PUT ON THERE.
WELL, SO WE, WE COULD COME BACK TO A VARIANCE TO SECTION 28 45, WHICH IS THE DEFINITIONS OF SIGN HEIGHT AND AREA WHERE IT TALKS ABOUT AREA COMPUTATION IS, YOU KNOW, DRAWING THE BOX, PARAPHRASING.
BUT YEAH, COULD THEY DO, COULD THEY COME BACK TO US AND RE ADVERTISE FOR UN UNDER THAT GUYS? WE'D LIKE A VARIANCE FROM THAT SECTION TO MEASURE THE SIGN DIFFERENTLY.
MANNA SOMETHING, SOMETHING TO NOTE ON THIS, UH, PARTICULAR SIGN.
NOT ONLY THE TOP SIGN, THERE'S ALSO THE BOTTOM SIGN THAT YOU HAVE TO TAKE INTO, INTO CONSIDERATION.
IT'S TAKING UP SQUARE FOOTAGE.
SO THE 200 SQUARE FOOT THAT'S ALLOWED IN THE GATEWAY QUARTER DOES CALCULATE THAT E M C UNIT ON THE BOTTOM.
SO THAT, SO IT ISN'T AS BAD, THE BOX ISN'T AS BAD AS, AS WE WERE THINKING 'CAUSE IT'S TWO LITTLE PIECES.
UM, BUT WHAT, HOW ABOUT THE DEFINITION? COULD THEY COME BACK AND GET A VARIANCE ON THE DEFINITION
[01:55:01]
IT'S A, IT'S IF THEY COULD DO IT AND IT WOULD MAKE THIS BOARD HAPPY, 'CAUSE AT LEAST THEY'D BE ABLE TO, IT'S A WAY TO LIMIT, YOU KNOW, HOW THAT'S INTERPRETED, WHICH WOULDN'T APPLY TO A BURGER KING LEADER ON OR SOMETHING, OR SOMEBODY ELSE.BUT I THINK JAMES WAS SAYING YOU WERE ASKING FOR, YOU WOULD HAVE TO ASK FOR A WAIVER TO THAT PROVISION.
WELL, WE, UH, YEAH, I MEAN, WE'D BE ASKING FOR A VARIANCE TO THAT PROVISION.
SO THEY'RE STILL ASKING FOR ANOTHER VARIANCE TOO.
BUT IT WOULD BE INSTEAD OF THE YEAH, THE SIZE VARIANCE BECAUSE IT'D BE LIMITED TO, YOU KNOW, JUST THE ARCHES, WHICH, WHICH SHOULD GET US UNDER THE TWO 40.
IF, IF IN FACT, YEAH, WE CAN'T BE TIED TO OUR SITE PLAN AND SUBMITTAL DOCUMENTS.
I MEAN, WHAT DO Y'ALL THINK? I MEAN, CAN YOU COME BACK? IS TWO WEEKS ENOUGH TIME TO HAMMER THIS OUT? Y'ALL GUARANTEE YOU'LL APPROVE IT.
THIS A CODES ISSUE, SHOULD WE? RIGHT.
WE HAVE TO RE ADVERTISE IT SO IT'S AT LEAST A MONTH.
CAN YOU LIVE A MONTH? I DON'T KNOW.
UM, YEAH, MAY 15TH WOULD BE THE NEXT ONE WE CAN RE ADVERTISE FOR.
SO WE GOT, UH, D DID, DOES ANYBODY ON THE COMMISSION, UM, WANT TO CONTINUE ON AND AND WHILE WE'RE HERE AND, AND DISCUSS THE HEIGHT AND HE CAN COME BACK LATER FOR THE SIZE? OR DO YOU JUST WANT TO DO IT ALL AT ONCE? UM, MICKA, UH, THE HEIGHT ISSUE IS THE ONE I'M HAVING WITH HERE.
UH, THE DEPRESSION, UH, OR THE ELEVATION IS NOT THE ISSUE FOR ME OR THE OVERPASS.
IT'S, IT'S EVERYBODY IN THIS ROOM KNOWS ABOUT IT NO MATTER WHERE YOU GO AND YOU'RE GONNA FIND IT EASY.
SO, SO I WAS ACTUALLY GONNA ASK TO HAVE THIS MOTION READ AS TWO MOTIONS.
UM, YOU KNOW, SO THAT, THAT WAY MAYBE ALLOW THE APPLICANT TO COME BACK WITH THE OTHER DIALOGUE FOR THE SIZE OF THE SIGN.
UM, YOU KNOW, BUT, BUT I THINK, YOU KNOW, WELL, WE CAN REMOVE THE SIZE AND THEN IT'LL JUST BE ONE MOTION AT THIS POINT.
THAT'S WHAT, I GUESS THAT'S WHAT WAS KIND OF IMPLYING WAS THAT OKAY.
AND YOU'RE OKAY WITH COMING BACK ON THE 15TH FOR, THIS IS FOR THIS ONE AND THE NEXT ONE, CORRECT.
BECAUSE THIS IS THE SAME ISSUE.
UM, THE NEXT ONE ISN'T THE, I'M SORRY, IS MOORE ACTUALLY? YEAH.
THAT, THAT ONE'S JUST, WELL, THAT ONE'S A LITTLE, LITTLE DIFFERENT ALTOGETHER.
SO, UM, WHAT WE, WHO, WHO READ THE MOTION, UH, MR. CHAIRMAN.
WOULD IT ONLY BE IN THIS CASE OR THE OTHER ONE ALSO? WELL, THAT'S WHAT I WAS ASKING, BUT HE WAS SAYING NOT, NOT AT THIS TIME, BUT, UH, COMMISSIONER BAGMAN, DO YOU HAVE A FRIENDLY MINUTE TO REMOVE THE, UH, SIGN AREA COMPONENT, SIGN SIZE COMPONENT OF THE REQUEST AND LEAVING IT JUST A HEIGHT? YEAH, I'M FINE.
IT'S, I MEAN, IF THE APPLICANT IS ALL RIGHT WITH IT, YEAH.
AND THEN WHO SECONDED ZUNIGA DO YOU HAVE, DO YOU, YOU ACCEPT THE AMENDMENT TO REMOVE THE, THE SECOND, OH, YOU WERE THE SECOND MANCHACA COMMISSIONER MANCHACA.
DID YOU, DID YOU PROVIDE THE SECOND ORIGINALLY? I THINK COMMISSIONER ZUNIGA, I THINK YOU HAD THE SECOND ON THAT ONE.
DO YOU ACCEPT REMOVING THE SIGN SIZE? PARDON ME? I WAS TRYING TO GET MYSELF STRAIGHT THAT THE ORIGINAL COMPOSITION THAT SIGNED ALL THAT TO REMOVE THAT.
YES, I'M IN AGREEMENT WITH THAT.
SO, BUT WHO SECONDED THE MOTION? ZUNIGA DID.
BECAUSE IT'S A FRIENDLY AMENDMENT.
SO NOW WE'RE JUST DEALING WITH THE HEIGHT.
UH, IS THERE ANY COMMISSIONERS WHO ARE OPPOSED TO THE HEIGHT AS RED? 60 FEET, MANAM CRUZ? SO WE HAVE THREE SO FAR.
MANAM, WOULD ANY OF Y'ALL BE, UH, APPLICABLE TO GOING, GIVING THEM A 10 FOOT VARIANCE? I REALLY THINK THIS DEPRESSION THING IS A, IS A SERIOUS THING.
THIS ONE REALLY SINKS IN THERE.
SO FIVE FEET, YOU'LL ACCEPT FIVE.
COMMISSIONER MANNA, WHAT WOULD, WHAT WOULD YOU ACCEPT? WOULD YOU LIVE WITH FIVE 10? WELL, IT'S, WELL YOU GETTING FIVE PLUS A 10, RIGHT? SO THE 10, SO IT'S ACTUALLY 15 THAT WE'RE TALKING ABOUT.
WELL, IT'S, IT'D BE A, INSTEAD OF A 15 FOOT VARIANCE, WE'D BE GRANTING A FIVE OR A 10.
WHAT COULD YOU, WHAT COULD YOU LIVE WITH? I COULD LIVE WITH ANY OF THEM.
IS ANYONE ELSE OPPOSED TO THE HEIGHT THAT, THAT HAS A PROBLEM WITH THE FIVE EXPERIENCE? COMMISSIONER CRUZ.
OKAY, SO YOU'RE SAYING IF WE CHANGE IT TO THE FIVE FEET, IT WOULD BE AT WHAT, 50 INSTEAD OF 45? YES.
THERE'S A LOT OF OVERHEAD UTILITIES OUT THERE.
I KNOW, BUT I'M NOT, AND IT'S S SUNK DOWN REAL DEEP.
I'M TELLING YOU, IT, IT SUNK REAL DEEP
[02:00:01]
SO I, I GUESS THE MAJORITY, BUT I'M STILL NOT COMFORTABLE WITH EVEN THE 50.
I WOULD STILL BECOME COMMISSIONER COM MORE COMFORTABLE WITH JUST THE 45 COMMISSIONER BRAGMAN, DO YOU ACCEPT A, A AMENDMENT TO THE SIGN HEIGHT TO MAKE IT JUST A FIVE FOOT VARIANCE? SO THEN IT WOULD BE, UH, 50 FOOT MAX? YEAH, I'M FINE WITH THAT.
OKAY, SO WE HAVE A MOTION ON THE TABLE ONLY REGARDING THE SIGN HEIGHT FOR A FIVE FOOT VARIANCE.
LET'S HAVE A ROLL CALL VOTE MS. BRAGMAN.
I CONCUR WITH THE FINDINGS OF FACT, MR. ZUNIGA.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACTS.
SO YOU HAVE A MOTION PASS, YOU HAVE A FIVE FOOT VARIANCE OF THE HEIGHT.
WE'LL COME BACK ON THE DEFINITION ON MAY 15TH.
SO I'M LOOKING FOR CONTINUANCE, UH, OF, OF THE ITEM RE OF THIS REGARDING THE, UM, THE SIZE MOTION FOR MAY 15TH.
SO I GUESS AS SOON MOTION, IT'S NOT A CONTINUOUS, IT, IT HAS TO BE READVERTISED.
MOTION TO RE ADVERTISE, UH, REGARDING THE, UM, WE DON'T NEED A MOTION FOR THAT.
NEXT ITEM, ITEM THREE A BREAK.
OH, YEAH, LET'S, LET'S TAKE A FIVE MINUTE BREAK.
I'M CALLING THIS BACK INTO ORDER.
WE'RE GONNA HAVE A SLIGHT DEVIATION.
WE'RE GOING BACK TO ITEM NUMBER TWO.
UM, AFTER DISCUSSION WITH THE, UH, UM, WITH, WITH THE ATTORNEY, UM, THEY, THEY, THERE'S NOTHING THEY CAN DO TO ALTER THE APPLICATION, UH, TO COME BACK TO US.
THAT WOULD CHANGE ANY, ANY PART OF THE, UH, OF THE CASE.
SO WE, I, I'D LIKE TO BRING ITEM TWO UP REGARDING THE SIGN AREA FOR US TO, UH, TAKE A VOTE ON.
SO AS THE APPLICANT IS, IF YOU COULD, IF THERE'S ANYTHING BRIEFLY YOU'D LIKE TO ADD, NOW, YOU KNOW, YOU HAVE A, YOU GOT THE FIVE FOOT VARIANCE.
IS THERE A SLIGHT REDUCTION IN THE SIGN AREA THAT YOU COULD LIVE WITH THAT MAYBE WE COULD ENTERTAIN, UH, AMONG OUR, UH, AND DELIBERATE ON Y YES.
UM, AND, UH, AND, AND JUST SPEAKING WITH CHRISTIE, YOU SAID IT, IT IS TIED TO THE SITE PLAN OR THE SITE, THE SITE PLAN THAT WE SUBMITTED WITH OUR APPLICATION IN TERMS OF YES.
LOCATION AND, AND THE, THE SITE PLACEMENT AND THE SIZE.
SO I, THE SIZE, UH, I BELIEVE THAT MEANS THE HEIGHT, THE TOTAL SQUARE FOOTAGE, BUT ALSO INCLUDED WITH OUR SITE PLAN, THE APPLICATION WERE, YOU KNOW, VERY SPECIFIC ENGINEERED DRAWINGS AND, AND PLANS OF, OF THAT SIZE, UM, SHOWING THAT IT IS, YOU KNOW, NOT IN FACT THREE 40.
UM, I, I KNOW I DIDN'T REALLY ANSWER YOUR QUESTION, BUT, UM, I, I GUESS WE BELIEVE, YOU KNOW, GIVEN THE, THE FUSE, UH, TO USE THE VARIANCE, SHOULD IT BE APPROVED, UH, ALSO THE FACT THAT IT'S VERY MUCH LIKE, YOU KNOW, A NON-CONFORMING SIGN.
UM, IF THE MCDONALD'S SIGN WAS PUT UP AND YEARS DOWN THE ROAD, IT WAS GONNA CHANGE.
IT'S STILL, UH, JUST LIKE THE NON-CONFORMING SIGN PROVISIONS THAT, THAT WERE MENTIONED EARLIER.
YOU KNOW, IT'S LIMITED TO THE FRAME OF THE CABINET, SO YOU COULDN'T, YOU COULDN'T DO A BLOCK SIGN WHEN THE FRAME HAS TO STAY THE SAME YES.
STEPH HAS INFORMED US THAT, UM, IT'S, IT'S 10 YEARS ONCE IF THIS, BECAUSE IT'S A VARIANCE AND NOT A CONFORMING, THE VARIANCE IS PERMANENT, IT'S TIED TO THE LAND TO ANY USER, UNLESS YOU WERE TO PURSUE A MASTER SIGN PLAN, THEN YOU COULD PUT SOME SPECIFIC USE PROVISIONS IN THERE THAT COULD TIE SOME OF THIS.
SO WHAT I'D LIKE, WHAT I WOULD LIKE TO HEAR FROM THE BOARD IS ON REGARDING CASE, UH, BO O A 23 DASH 1 0 3 0 0 4 9, UM, UM, A VARIANCE FOR A, FOR A SIGN, UM, SQUARE FOOTAGE ALLOWANCE.
AND INITIALLY THE APPLICANT WAS ASKING FOR A HUNDRED SQUARE, 140 SQUARE FOOT VARIANCE.
BUT NOW THAT THE SIGN HAS GOTTEN TO BE, UH, A LITTLE BIT SHORTER, UH, IS THERE ANY SORT OF AREA VARIANCE THAT, THAT A BOARD MEMBER WHO
[02:05:01]
MAY BE, WHO MIGHT BE, UH, OPPOSED TO SUCH A THING, WOULD ACCEPT LIKE MAYBE 800 SQUARE FOOT VARIANCE OR A 90 SQUARE FOOT VARIANCE? DOES ANYBODY LIKE TO MAKE A MOTION ON THAT? BRAGMAN? I HAVE A QUESTION.COMMISSIONER BRACKMAN, COULD WE GO BACK TO THE, UH, PRESENTATION THAT SHOWS THE MEASUREMENT OF THE, THE SIGNS? SO MY QUESTION, AND THIS IS PROBABLY FOR THE, THE SIGN, UM, UH, DEPARTMENT, THE, THE SQUARE FOOTAGE THAT WE'RE TALKING ABOUT HERE, YOU HAD BROUGHT UP SOMETHING ABOUT THE, THE LOWER SIGN YEAH.
SO THAT, SO THE COLLECTIVE 340 REQUEST COMBINES BOTH OF THESE SIGNS, IS THAT CORRECT? CORRECT.
SO BY TAKING AWAY THAT LOWER SIGN, GET RID OF 40 SQUARE FEET, HOW MUCH? IT'S THE AIR, THE AIR GAP BETWEEN THE MC, THE, THE GOLDEN ARCHES, AND THE RECTANGLE BELOW IT IS NOT INCLUDED.
IT'S ACTUALLY TWO RECTANGLES, RIGHT? ONE AROUND THE GOLDEN ARCHES, ONE AROUND THE BOX.
SO YOU WOULDN'T NEED A AREA, YOU SAID, SO THAT, THAT LOWER BOX, IF THAT, THAT'S HOW MANY SQUARE FEET DO YOU THINK? IT'S 40 SQUARE FEET? 40 SQUARE FEET.
SO YOU EVER TAKE, SO BY DOING AWAY WITH THAT, IT WOULD ONLY BE A A HUNDRED SQUARE FOOT VARIANCE AS OPPOSED TO 140.
IS THAT SOMETHING THAT THE COMMISSION COULD LIVE WITH? A HUNDRED SQUARE FOOT VARIANCE? WELL, IS THAT SOMETHING THE APPLICANT COULD LIVE WITH DOING AWAY WITH THAT, THAT LOWER SIGN, GIVEN THAT THAT IT'S ONLY GONNA BE A, UH, 50 WHAT WE DECIDED ON A, YEAH, A 40 FOOT SIGN A HEIGHT.
COULD YOU LIVE WITH A HUNDRED SQUARE FOOT VARIANCE? ARE YOU EVEN GONNA SEE THAT LOWER BOX? UH, WHAT IF WE JUST REDUCED IT BY THE 40 FEET OR THE 40 SQUARE FEET OF THE LOWER BOX? YEAH.
I MEAN, COULD YOU LIVE WITH A HUNDRED SQUARE? THAT'S, I'M ASKING, ASKING IF, IF, IF YOU DID AWAY WITH THAT LOWER BOX THAT WOULD SAY 40 SQUARE FEET, AND SINCE THE SIGN HEIGHT IS NOW LIMITED TO 40 FEET, ARE YOU EVEN REALLY GONNA SEE THAT LOWER BOX? YEAH.
I THOUGHT WE HAD AGREED ON 50 FEET HEIGHT.
YEAH, NO, WE'RE TALKING ABOUT THE, THE, THE, THAT SMALL BOX.
NO, I KNOW, BUT SHE, YEAH, IT'S, IT'S 50.
I THOUGHT WE WENT WITH A FIVE FOOT VARIANCE.
THAT INSTEAD OF 15 FOOT, SO IT'S, YES.
BUT STILL THAT'S GONNA IMPACT THE VISIBILITY.
I, I WAS, I WAS ALREADY REMINDED, MOVED ONTO THE NEXT ONE.
UM, YEAH, WE WERE ASKING FOR A HUNDRED, 140 SQUARE FOOT VARIANCE, AND YEAH, IF WE'D REDUCE THAT BY 40, THAT'D BE THE A HUNDRED.
IS THAT SOMETHING THAT WOULD BE ACCEPTABLE? UM, I, I COMPROMISE ON THE PREVIOUS ONE AND, AND, OKAY.
WELL, I'M, I, I WOULD JUST LIKE TO, I'M LOOKING FOR SOMEONE TO AT LEAST MAKE A MOTION SINCE THEY'RE NOT GONNA BE COMING BACK.
UM, AND, AND JUST TO REMIND THE COMMISSION THAT WE DID GRANT A SLIGHT HEIGHT INCREASE, SO ANY HEIGHT INCREASE, THE SIGN DOES HAVE TO GET SLIGHTLY BIGGER JUST FOR VISIBILITY PURPOSES.
IS THERE, IS THERE, UH, ANYBODY WHO WOULD BE OPEN TO SOME SORT OF A VARIANCE ON THE SIGN AREA THAT WOULD MAKE A MOTION? I'LL MAKE A MOTION.
I MEAN, I'LL MO I'LL MAKE A MOTION AS YEAH, LET'S READ ONE IN PLEASE AS IT'S READ.
REGARDING CASE NUMBER BOA DASH 23 DASH 0 3 4 9, I MOVE TO THE BOARD OF JUSTICE GRANDE REQUEST FOR 140 SQUARE FOOT VARIANCE FOR THE MAXIMUM 200 SQUARE FOOT, UH, FOOTAGE ALLOWANCE TO ALLOW A SINGLE TENANT SIGN TO BE 340 SQUARE FEET, GENERALLY LOCATED AT 26,000 BLOCK BO VERDE ROAD, APPLICANT BEING KELLEN GRIFFIN IN FAIRMONT, P L L C.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SETS THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C HAS AMENDED RESULT IN UNNECESSARY HARDSHIPS, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT, THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNAGE, UH, CONSIDERING THE UNIQUE FEATURES OF THE SITE, SUCH AS DIMENSIONS, LANDSCAPING, AND TOPOGRAPHY.
UM, ALSO, UH, GRANTING THE VARIANCE IS NOT PROVIDE THE APPLICANT WITH SPECIAL PRIVILEGE, NOT ENJOYED BY OTHER, SIMILARLY, SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED.
THE PROPOSED SIDE DOES NOT APPEAR TO PROVIDE A SPECIAL, SPECIAL PRIVILEGE, OR THERE ARE O THERE ARE OTHER SIGNS OF THIS HEIGHT.
THE SQUARE FOOTAGE IN THE SURROUNDING AREA BE GRANTING THE VARIANCE WOULD NOT SUBSTANTIALLY ADVERSE, SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES.
THE PROPOSED VARIANCE WOULD NOT HAVE ANY ADVERSE IMPACT ON NEIGHBORING PROPERTIES, AS THERE ARE OTHER SIGNS OF THIS HEIGHT, THE SQUARE FOOTAGE, AND APPEARS SIMILAR IN TO THE SIGN REGULATION STANDARDS FOR THE US 2 81 NORTH GATEWAY CORRIDOR.
DISTRICT PLAN C GRANTING THE VARIANCE SUBSTANTIAL CONFLICT WITH THE STATE OF PURPOSES ARTICLE, UM, SIGN EXCEEDING THE SQUARE FOOTAGE, UM, WILL NOT SUBSTANTIALLY CONFLICT WITH THE US HIGHWAY 2 81 NORTH GATEWAY
[02:10:02]
CORRIDOR DISTRICT PLAN, UH, END OF MOTION.OKAY, I'M GONNA SECOND THAT JUST TO MAKE THIS EASIER.
SO WE, HE'S READ IT AS APPLICANT APPLIED FOR, UM, I'M GONNA START THE BIDDING AT A HUNDRED SQUARE FOOT VARIANCE.
IS THERE ANYBODY AGAINST THIS WHO WOULD LIKE TO, UH, OFFER AN ALTERNATIVE TO THAT? YEAH, I, I'M JUST, I AM AGAINST IT BECAUSE OF THE FACT IT GOES WITH THE LAND.
COULD, SO I, I DON'T WANT ANY, COULD YOU LIVE WITH ANYTHING? NO.
IS THERE ANYBODY WHO IS AGAINST THIS THAT COULD LIVE, LIVE WITH ANYTHING? NOBODY
SO, I MEAN, I KNOW THE BOARD WAS NOT IN SUPPORT OF THE VARIANCES READ, BUT WOULD, WOULD THE BOARD BE OPPOSED TO A 90 SQUARE FOOT VARIANCE? NO.
IS THERE, IS THERE ANYBODY ON THIS COMMISSION THAT WOULD BE, UH, IN SUPPORT OF ANYTHING? NO.
I JUST WANTED TO PUT IT OUT THERE.
MR. SPIELMAN, I DO NOT CONCUR.
MR. MANCHACA, I DO NOT CONCUR.
I DO NOT CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
UM, I'M SURE YOU CAN GET WITH STAFF AND THEY'LL EXPLAIN WHAT YOUR OPTIONS ARE.
UH, I HEARD THAT IT IS POSSIBLE MAYBE TO APPLY FOR A MASTER SIGN PERMIT AND PURSUE A SPECIFIC USE, ALTHOUGH THAT'S, UM, I DON'T REALLY, UH, KNOW TOO MUCH ABOUT THOSE THINGS, BUT MAYBE THAT'S SOMETHING YOU CAN ASK STAFF ABOUT.
ITEM THREE, BO 8 23 1 0 3 0 0 0 5 0.
GENERALLY LOCATED AT 10,000 BLOCK OF AL ZAMAR STREET COUNCIL.
DISTRICT FOUR APPLICANT IS KELLEN GRIFFIN IN FAIRMONT, P L L C A REQUEST FOR ONE, A 10 FOOT VARIANCE FROM THE 50 FOOT MAXIMUM EXPRESS SIGN HEIGHT TO ALLOW A 60 FOOT SIGN HEIGHT AND TWO, A 90 FOOT VARIANCE FROM THE MINIMUM RIGHT OF WAY DISTANCE OF A HUNDRED FEET TO ALLOW A SIGN WITHIN 10 FEET OF THE RIGHT OF WAY.
SUBJECT PROPERTY IS LOCATED ALONG SOUTH ZAMORE, SOUTH OF INTERSTATE FOUR 10.
DUE TO THE CONFIGURATION OF THE LOT, THE DESIGN OF THE PARKING LOT AND NOT HAVING EXPRESS FRONTAGE, THE SIGN WILL BE LOCATED WITHIN A HUNDRED FEET OF THE RIGHT OF WAY.
THE PROPOSED SINGLE TENANT SIGN DOES NOT ABUT THE RAISED LOOP FOUR 10 EXPRESSWAY.
AND AS SUCH, DOES NOT QUALITY QUALIFY FOR ADDITIONAL 10 FOOT EXPRESS HEIGHT SITE PLAN, THE SUBJECT PROPERTY, THE SUBJECT PROPERTY, AND YOUR SURROUNDING AREAS.
RECOMMENDATIONS, SIGN, HEIGHT AND SIGN MINIMUM RIGHT OF WAY DISTANCE STAFF RECOMMENDS DENIAL.
AND BO O A 23 1 0 3 0 0 0 5 0 BASED ON THE FOLLOWING FINDINGS, THE NEW FREESTANDING SIGN WILL IMPEDE THE FLOW OF TRAFFIC.
AND TWO, THE LOCATION OF THE SIGN WITHIN 10 FEET OF THE RIGHT OF WAY MAY IMPEDE DIVISION OF DRIVERS ENTERING AND EXITING THE PARKING LOT.
ZERO IN FAVOR, ZERO IN OPPOSITION.
AND THERE ARE NO REGISTERED NEIGHBORHOOD ASSOCIATIONS.
THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE.
OKAY, BEFORE WE GO, UM, THIS, THIS DOES HAVE TO, UH, COMPLY WITH THE EXPRESSWAY, UH, SIGNED, UH, SIGNED REQUIREMENTS, BUT IT DOESN'T GET THE 10 FOOT CREDIT BECAUSE IT'S NOT ABUTTING THE EXPRESSWAY.
UM, IS THERE ANY PUBLIC COMMENT? WELL, WE ALREADY HEARD THE VOICEMAIL.
UH, SO LET'S HAVE THE APPLICANT COME UP, JAMES GRIFFIN, UH, KILLING GRIFFIN AND BEARMAN, UH, TEN TEN ONE REUNION PLACE.
UH, THANK Y'ALL FOR ALL YOUR TIME AND PATIENCE AND EFFORTS, UH, SO FAR.
SORRY FOR HIJACKING THE MEETING HERE.
UM, THIS IS A SIMILAR, YET DIFFERENT, UH, REQUEST, UM, AND, AND CHAIR, AS YOU JUST MENTIONED.
AND, AND, AND AS, UH, WAS DESCRIBED IN THE STAFF RECOMMENDATION, WE ARE, UH, SEEKING A, A 60 FOOT, UH, SIGN HERE AS WELL.
NO SQUARE FOOTAGE VARIANCE, UH, BECAUSE WE'RE ALLOWED UP TO, TO 3 75 HERE.
UM, BUT IT A LITTLE DIFFERENT HERE.
SO THOSE, THOSE PROVISIONS THAT WERE JUST TALKED ABOUT, UH, WHERE IF YOU'RE A PROPERTY THAT IS NOT ABUTTING THE EXPRESSWAY, BUT YOU'RE, YOU'RE CLOSE, UH, WITHIN 500 FEET, YOU CAN, UM, UH,
[02:15:01]
TAKE ADVANTAGE OF THE EXPRESSWAY SIGNAGE PROVISIONS, UH, AND, AND, AND BE UNDER THAT CLASSIFICATION.THE, UM, THE VARIANCE HERE IS REALLY REGARDING, UM, MAYBE SOME AMBIGUITY IN THE CODE THAT IS ACTUALLY, UH, BEING, UH, AMENDED OR, OR CHANGED WITH THE NEW ROUND OF CHAPTER 28 AMENDMENTS.
BUT THAT IS, UH, THE GRADE SEPARATION THAT, THAT WE WERE TALKING ABOUT, UH, QUITE A BIT UNDER THAT LAST REQUEST.
SO, UM, IT, IT, IT WAS, IT, IT'S OUR BELIEF, I GUESS, AND OUR UNDERSTANDING.
AND, AND IT WAS REALLY OUR, OUR INITIAL REQUEST, UM, UH, SUBMITTED HERE WITH, WITH THE SIGN SIGN PACKAGE THAT, UH, THAT EXPRESSWAY PROVISION BEING WITHIN 500 FEET ALLOWS YOU TO BE ONE TREATED AS A EXPRESSWAY FRONTING PROPERTY, UH, WHICH INCLUDES THE 10 FOOT GRADE SEPARATION.
UH, THE, THE CITY'S DETERMINATION, UM, KIND OF, I GUESS AFTER THE INITIAL DISCUSSION WAS THAT YOU DON'T GET THAT 10 FOOT GRADE SEPARATION REQUEST IF YOU FALL UNDER THIS, YOU KNOW, WITHIN 500 FEET CATEGORY.
UM, HOWEVER, THE, YOU KNOW, CHAPTER 28 AMENDMENTS THAT HAVE BEEN ONGOING FOR, UH, REALLY A COUPLE YEARS NOW AND, AND ARE CLOSE TO BEING ADOPTED, UH, THEY'RE ACTUALLY AMENDING THAT SPECIFIC SECTION OF THE CODE TO SPECIFICALLY STATE, UH, IF YOU ARE TAKING IT ADVANTAGE, IF YOU ARE WITHIN 500 FEET, YOU'RE CLASSIFIED AS AN EXPRESSWAY, BUT YOU CANNOT GET, CANNOT GET THE GREAT SEPARATION BONUS.
SO THE CODE TODAY DOES NOT INCLUDE THAT LANGUAGE.
IT, IT READS CERTAINLY TO US THAT, UH, YOU, YOU DO GET THE GREAT SEPARATION BONUS AND AGAIN, A, A YET TO BE FINALLY ADOPTED CODE REVISION CHANGES THAT.
STAFF, UH, ON THE SIGN CODE AMENDMENTS, HAVE THEY GONE THROUGH COMMITTEE ALREADY OR ARE THEY'RE NOT AT THAT POINT YET? UM, THEY HAVE HAD THEIR COMMUNITY MEETINGS AND THEY'RE ACTUALLY TAKING AN ITEM TO ZONING COMMISSION TOMORROW, UH, REGARDING ONE OF THE CORRIDORS.
AND THEN THEY HOPE TO BE AT COUNCIL IN MAY.
SO AT SOME POINT IN MAY, THERE, THERE IS AN AMENDMENT THAT IS STILL THERE THAT WOULD ALLOW THIS HIM TO MOVE FORWARD WITHOUT THIS VARIANCE.
THE, THE, THE OPPOSITE, SORRY.
SO, SO THE AMENDMENT, THE AMENDMENT TO LIKELY BE ADOPTED IN MAY, SPECIFICALLY STATES YOU CANNOT GET THE EXTRA 10 FEET OF GRADE SEPARATION.
THE CODE DOES NOT SAY THAT NOW, BUT IT'S A, IT'S AN INTERPRETATION BY THE CITY THAT, OKAY.
THE, THE CODE APPLIES NOW AS IT'S GOING TO BE WRITTEN NEXT MONTH.
SO, SO WHAT'S BEFORE US TODAY THEN IS, IS A HEIGHT, UH, OF JUST A, YOU'RE LOOKING FOR AN EXTRA 10 FEET OF HEIGHT AND THE, AND THE, AND SO TALK ABOUT THE RIGHT OF WAY DISTANCE, UH, CORRECT.
SO, SO THAT'S THE OTHER PIECE OF IT AS WELL.
SO, UH, ONE OF THE OTHER KIND OF QUALIFIERS OF THE, UH, PROVISION ALLOWING FOR PROPERTY WITHIN 500 FEET OF AN EXPRESSWAY TO BE ALLOWED EXPRESSWAY SIGNAGE, IS THAT IT NEEDS TO BE SET BACK A HUNDRED FEET FROM THE OTHER RIGHT OF WAY.
IN THIS CASE, IT'S OURS OR MOURA, WHICH IS A SUPER ARTERIAL, AND ALSO A HUNDRED FEET FROM NEARBY RESIDENTIAL.
UH, WE HAVE, AND I'LL SHOW IT HERE IN A SECOND, UH, WE DO HAVE A NEW RESIDENTIAL DEVELOPMENT FURTHER OFF TO THE SOUTHEAST.
UM, AND WE WANT TO PUT OUR SIGN, REGARDLESS OF HEIGHT, AS FAR AWAY FROM THAT AS POSSIBLE FOR, FOR I THINK, OBVIOUS REASONS.
UH, BUT THAT PUTS US CLOSER TO ZR ZAMORA.
SO, YOU KNOW, IF WE, IF WE MEET THE A HUNDRED FOOT SETBACK FROM ZR ZAMORA, WE'RE A WHOLE LOT CLOSER.
AND I THINK WE STILL COULD MEET THE A HUNDRED FEET FROM THE RESIDENTIAL, BUT IT PUTS US THAT MUCH CLOSER, YOU KNOW, 90 FEET CLOSER TO THE RESIDENTIAL AND PUTS THE SIGN IN, IN THE MIDDLE OF THE PROPERTY, UM, WHICH DOESN'T MAKE A WHOLE LOT OF SENSE.
AND I THINK SOME OF THE VISUALS HERE WILL HOPEFULLY HELP FURTHER EXPLAIN THAT.
UM, AND AGAIN, I, I THINK I'VE SAID IT BEFORE, BUT, UH, I WILL REALLY TRY TO COME THROUGH WITH IT AND, AND GO, GO QUICKLY ON THESE.
UM, SO Y'ALL, Y'ALL CAN GET, GET GOING ON THE REST OF IT, BUT, UM, UH, HERE'S OUR SITE.
YOU SEE, THERE'S THE LOOP FOUR 10 ACCESS ROAD, AND THEN YOU HAVE LOOP FOUR 10, UH, JUST OUTTA SCREEN THERE, UH, WHICH IS AN EXPRESSWAY 70 MILES AN HOUR, AND ELEVATED, UH, BETWEEN US AND THE EXPRESSWAY IS A VALERO GAS STATION, UH, WITH QUITE A BIT OF SIGNAGE, UH, BIG BLOCKY SIGNAGE, NUMEROUS SIGNS, AND THEN YOU CAN SEE VERY RIGHT HAND CORNER, UH, NEW RESIDENTIAL DEVELOPMENT, UH, BY SOUTH STAR.
AND, AND, UH, PERRY HOMES IS THE, THE ACTUAL HOME BUILDER.
YOU CAN SEE, YOU KNOW, COMMERCIAL, COMMERCIAL CORRIDOR.
UM, AND YOU HAVE, UH, SOME OF THE MEASUREMENTS THERE.
OURS ARE MORE, IS A ENHANCED ARTERIAL.
[02:20:01]
THEY'RE JUST A LITTLE BIT MORE ZOOMED OUT.UM, YOU HAVE THE, UH, ROAD TO A AND M CAMPUS KIND OF RIGHT THERE.
UH, ON THE RIGHT HAND SIDE, YOU ALSO SEE THE ENTRANCE AND EXIT RAMPS, UH, WHICH WE'LL COME BACK TO THAT.
BUT, UH, OUR SITE HERE, UH, IS ON, UH, AT THE CORNER, BUT JUST OFF FROM THE CORNER.
I, HERE ARE THOSE VARIANCE REQUESTS THAT I, I TRIED TO EXPLAIN AT LEAST, UH, A FEW MINUTES AGO.
UM, YOU KNOW, ONE OF, UH, WE BELIEVE FOR, FOR VARIOUS REASONS THAT GET INTO HERE THAT, UM, YOU KNOW, WE SHOULD BE ABLE TO TAKE ADVANTAGE OF THAT EXPRESSWAY FRONTAGE.
BUT, UM, TO STILL BE ABLE TO MEET THE INTENT OF THE CODE, REALLY ONE UNDER THAT FIRST ONE, HOW IT'S WRITTEN TODAY, AND TWO, TO SEPARATE FROM ANY RESIDENTIAL BY AS MUCH AS POSSIBLE.
WE'RE ASKING FOR THESE TWO VARIANCES TODAY.
UH, SO THERE'S OUR SITE PLAN, UM, AND THERE'S OUR SIGN LOCATION.
UM, UH, IF WE NEED TO MOVE THAT BACK A LITTLE BIT, WE CAN, BUT AGAIN, YOU HAVE THE RESIDENTIAL KIND OF OFF TO THE SOUTHEAST THERE, TRYING TO STAY AWAY FROM THAT AS MUCH AS POSSIBLE.
UH, PROBABLY ALL ALSO WORTH NOTING THAT AS OUR SITE CURRENTLY SITS, WE ARE, UH, OVER 24 FEET AWAY FROM THE PROPERTY LINE.
UH, BUT WHEN WE REPL, UH, WE'LL HAVE TO GIVE 10 FEET OF RIDE OF WAY DEDICATION TO THE CITY FOR ZAMORA.
AND THEN WE HAVE A 14 FOOT EASEMENT.
SO AFTER THAT RIDE OF WAY DEDICATION, WE WILL, WE'LL ACTUALLY BE 14 FEET AWAY.
UM, BUT WE'D ASKED FOR A 90 FOOT VARIANCE JUST TO, JUST TO BE SAFE, I SUPPOSE.
UM, YOU, YOU ALSO SEE ON THE SITE PLAN, WE HAVE SHARED ACCESS.
UH, WE MAY REWORK THE SOUTHERN HALF AS WELL.
UH, WE'RE WORKING WITH THE DEVELOPERS OF THAT RESIDENTIAL COMMUNITY WHO ARE ALSO DOING SOME COMMERCIAL, UH, FOR SOME SHARED ACCESS, UH, TO, TO LIMIT THE NUMBER OF DRIVEWAYS.
UH, THERE'S A SIGN, UM, I THINK EVERYONE WAS FAMILIAR WITH IT BEFORE AND NOW, UH, AF AFTER THAT LAST ONE, YOU KNOW, KNOW IT BY HEART.
UM, SO WE CAN SKIP OVER THAT ONE, I GUESS, OR MOVE PAST IT.
UH, THERE ARE THOSE SIGNED PROVISIONS, AGAIN, ALLOWING FOR 50 FOOT ON THE EXPRESSWAY, 3 75, UH, PLUS THE 10 THERE.
UM, SO HERE'S, UM, KIND OF SAME AS EARLIER COMMENTS.
UM, YOU KNOW, STAFF'S RECOMMENDATION IS FOR DENIAL, BUT I, IT SEEMS LIKE THERE WAS, IT WAS TOUGH TO, TO FIND SOME, SOME REASONS FOR IT.
SO THE SIGN, WE'RE ACTUALLY TRYING TO, THAT'S REALLY THE WHOLE PURPOSE OF THIS EXERCISE IS TO FIND, UH, A LOCATION, UH, FOR JUST THE ONE FOR, FOR ONE SIGN, WHICH LIKE WE TALKED ABOUT ON THE LAST ONE.
UM, BUT IT STILL PROVIDES THE EFFECTIVE, SAFE, UH, ADVERTISING, UH, AND, YOU KNOW, HELPS THE FLOW OF TRAFFIC IN, IN JUST ABOUT EVERY REGARD.
UH, NUMBER TWO, UM, IS, IS THAT THE, THE SIGN WITHIN 10 FEET OF THE RIGHT OF WAY MAY IMPEDE THE VISION.
ONE, UH, THE NORMAL SIGN SET BACK, UH, IS 10 FEET FROM EXPRESSWAYS AND FROM FROM ARTERIALS.
SO, YOU KNOW THAT THAT'S WHAT NORMALLY APPLIES IN REALLY ALL OTHER SITUATIONS.
AND AGAIN, HERE WE'RE, WE'RE A LITTLE OVER 10 FEET.
UH, BUT ALSO MORE IMPORTANTLY, I BELIEVE WE ARE TRYING TO DISTANCE OURSELVES AS MUCH AS POSSIBLE FROM A NEW RESIDENTIAL, UH, SUBDIVISION OFF TO THE SOUTHEAST.
UH, SO HERE'S JUST MORE OF THE SITE, UH, DIRECTLY TO OUR SOUTH.
UH, THAT WILL BE COMMERCIAL, UH, THAT'S, THAT'S BEING DEVELOPED BY SOUTH STAR, UH, WITH THE RESIDENTIAL, UH, FURTHER IN, UH, FURTHER TO THE EAST TO BE, UH, YEP.
UH, SO THIS IS ALL THAT SAME RESIDENTIAL DEVELOPER.
THE, THE RESIDENTIAL STARTS HERE, REALLY, UH, YOU KIND OF SEE THE CUT OF THE ROAD THERE.
UH, THIS WILL BE THEIR COMMERCIAL SLASH OFFICE, UH, PROPERTIES, OUR SIGN, UH, RIGHT ABOUT THERE, I BELIEVE.
UM, AND, UH, YEAH, THAT'S OUR, OR MAYBE I GUESS RIGHT ABOUT THERE.
UH, THAT'S SHARED ACCESS WITH THE VALERO.
UH, IF THIS ONE LOOKS FAMILIAR, I THINK JUST MEETING OR TWO AGO, Y'ALL, UH, APPROVED A VARIANCE FOR, UH, FENCE HEIGHT THERE.
UM, BUT LONG-WINDED ANSWER TO YOUR QUESTION, SIGN RIGHT, RIGHT ABOUT RIGHT ABOUT THERE.
UM, AGAIN, PUSHING IT BACK FURTHER OFF ZZA MOURA, AND REALLY BEING ABLE TO DO THE A HUNDRED FOOT FROM RESIDENTIAL AND A HUNDRED FOOT FROM ZZA, MOURA PROBABLY PUTS IT LIKE RIGHT HERE.
SO, AGAIN, CLOSER, CLOSER TO THE RESIDENTIAL.
[02:25:02]
YEP.UH, THERE'S ANOTHER, ANOTHER VIEW THERE.
AND, AND THERE'S A, A STREET LEVEL VIEW.
UM, ONE THING TO POINT OUT WHILE WE'RE LOOKING AT THIS, I GUESS MAYBE TWO THINGS.
ONE, YOU SEE, THAT'S JUST ONE OF THE SIGNS THAT, UH, THE NEARBY GAS STATION HAS, AND THAT'S THAT BIG BLOCKY, YOU KNOW, LOT OF SIGNAGE, UM, REALLY WHAT WE'RE TRYING TO AVOID HERE.
UH, YOU CAN ALSO SEE A LITTLE BIT HOW, UH, OUR PROPERTY, UH, SITS DOWN LOWER THAN THE, THE GRADE THAT WE'RE, UH, WE, WE HAVE SOME TOPO ISSUES HERE AS WELL.
UH, THERE'S, LOOKING AT FROM THE CORNER AGAIN, YOU SEE THE VALERO SIGNAGE AND, UM, LANDSCAPING AND THEIR BUILDING AND, AND POWER POLES AND ALL THAT.
UH, YOU, I THINK YOU CAN ALSO SEE, UH, HOW OUR SITE KIND OF DROPS DOWN A LITTLE BIT AS FAR AS THE TOPO.
AND ON THE LEFT HAND SIDE, YOU SEE THE, UH, GREAT SEPARATION RAISED, RAISED HIGHWAY THERE.
UM, AND OUR SIGN, YOU KNOW, WE'RE LOOKING AT RIGHT ABOVE HERE, BEING ABLE TO, YOU KNOW, POKE OUT ABOVE, ABOVE THE TREES THERE.
UM, AGAIN, SEE SEEING THE SIGNS AND, YOU KNOW, SIGNAGE BEING ABLE TO, TO BE VISIBLE, UH, BEYOND WHAT YOU SEE THERE.
UM, HERE IS, UH, YEAH, COMING DOWN THE HIGHWAY, UH, CLOSE TO, UH, WHERE THAT OFF FRAME IS, THAT THEY'RE THOSE SAME, UH, SIGNS.
UH, THE VALERO SIGNS RIGHT THERE, YOU KNOW, OUR SIGN.
WE'D LIKE FOR IT TO BE VISIBLE, KIND OF ABOVE, YOU KNOW, EXISTING CIRCUMSTANCES THERE.
UH, HERE'S, UM, YEAH, IT SEEMS LIKE FOREVER AGO, BUT, UH, THAT WAS, UH, FROM THE LAST PRESENTATION SHOWING YOU, HERE'S WHAT A, HERE'S WHAT AN 80 FOOT SIGN LOOKS LIKE.
UM, SOME MORE VIEWS OF, OF OUR SITE, UH, AND, AND REALLY THE LARGE, UH, INTERSECTION THERE OF, OF Z ZAMORA.
UM, YOU CAN SEE THE, THE ELEVATIONS AND JUST THE, THE SIZE OF THIS, UH, COMMERCIAL INTERSECTION.
UH, AND THERE'S THE, THE TOPO MAP.
YOU SEE, WE ARE SET DOWN A LITTLE BIT, UH, OUR, OUR SITE BEING AT THAT 6 35 MARK, UH, WHICH IS LOWER THAN THE MOST OF THE SURROUNDING PROPERTY, INCLUDING SIX 60 AND 6 65 UP THERE, UH, AT THE HIGHWAY.
SO, UH, ANOTHER 30 FEET, UH, BELOW JUST THE, THE PAVEMENT OF THE HIGHWAY.
UM, THIS IS SIMILAR TO, TO THE LAST DISCUSSION OF SHOWING, YOU KNOW, THE ENTRANCE AND THE EXIT RAMPS AND, AND JUST BEING ABLE TO HAVE ENOUGH VISIBILITY TO, TO SEE IT IN TIME.
YOU HAVE, YOU'RE A LITTLE CLOSER, BUT, UH, OBVIOUSLY THE POINT STILL, STILL REMAINS.
UH, THIS IS BACK, BACK TO THAT OTHER ONE, UH, 50 FEET.
JUST NOT, NOT ENOUGH TO, TO PROVIDE SOME VISIBILITY.
AND, AND I THINK THE SITES IN AND FOSTER ARE VERY, VERY SIMILAR TO THE ONE WE'RE LOOKING AT NOW, WHERE, UH, IT WAS MCDONALD'S ACTUALLY LIKE TWO, TWO LOTS, UH, OFF OF THE HIGHWAY, DID NOT QUALIFY FOR THE EXPRESSWAY FRONTAGE.
BUT ON THE SAME PRINCIPLE, IT'S A, FOR ALL INTENTS AND PURPOSES, A, YOU KNOW, A HIGHWAY USE A HIGHWAY PROPERTY, UH, BUT NOT BEING RIGHT THERE ON THE CORNER GETS, GETS LOST BEHIND THE FOLKS THAT, THAT HAVE SOME VERY LARGE SIGNS AND, AND OTHER ITEMS THERE.
YEAH, I'M TALKING ABOUT THE, THE INTENTIONAL SIGN POSITIONING.
UM, REALLY, AGAIN, WE'RE TRYING TO MEET THE SPIRIT AND INTENT OF THE CODE BY, UH, DISTANCING OURSELVES FAR AWAY FROM RESIDENTIAL AS POSSIBLE, AND, AND DISTANCING FROM THE RIGHT OF WAY AS WELL.
YOU KNOW, MAKING IT SAFE, EFFECTIVE, UH, LIMITING IT TO ONE, UM, ALMOST AFRAID TO MENTION THE OPEN AIR PIECE, BUT, UM, YOU, YOU SEE IT, SEE IT THERE.
UM, YOU KNOW, LESS, LESS CLUTTER, UH, MORE EFFECTIVE AND SAFE ADVERTISING.
SORRY, I'M, I TRY TO BE QUICK HERE.
I'M GONNA, I'M GONNA, UM, I'M GONNA START OFF BY, UH, BRINGING UP THE, THE 10 FOOT ELEVATION BONUS YOU HAD SPOKE OF.
SO, AND I, AND SO IN THE SIGN CODE SECTION 28, UH, I THINK IT'S 45 F THE EXPRESSWAY STANDARDS SET OUT IN TABLES, ONE AND TWO SHALL APPLY TO THOSE LOTS, UH, WITHIN 500 FEET OF EXPRESSWAY WHERE SAID LOTS, UH, DO NOT HAVE FRONTAGE ON AN EXPRESSWAY.
SO YOU GET TO, YOU HAVE TO FOLLOW EXPRESSWAY TABLES OF ONE AND TWO.
AND THEN THERE'S AN ASTERISK IN THERE THAT, THAT TALKS ABOUT.
UM, YOU HAVE A 50 FOOT HEIGHT, BUT THEN THERE'S AN ASTERISK AND IT SAYS NOT TO
[02:30:01]
EXCEED 50 FEET IN HEIGHT ABOVE THE ADJACENT STREET GRADE, NOT TO EXCEED A MAXIMUM OF 60 FEET ABOVE GROUND LEVEL.SO WHAT DOES THAT MEAN? I, UH, AND I'M, AND MAYBE LOOKING TOWARDS STAFF BECAUSE YOU KNOW, IF, IF, 'CAUSE I THOUGHT THIS WAS, UH, THE OVERPASS IS WHERE YOU GOT THE EXTRA 10 FEET, BUT I COULDN'T FIND THE WORD OVERPASS IN HERE ANYWHERE.
AND IT LOOKS LIKE IT'S, THEY'RE USING THE GROUND LEVEL FOR THE OVERPASS BECAUSE IT'S ABOVE 10 FEET TO GIVE YOU AN EXTRA 10 FEET.
IS THAT THE, THE THINKING THERE? TYPICALLY, YES.
BUT HERE THEY'RE SAYING YOU DON'T GET THAT EXTRA GRADE OR OVERPASS 10 FEET BECAUSE YOU'RE NOT TRULY AN EXPRESSWAY FRONTING PROPERTY.
WELL, BUT THAT, BUT IT DOES TELL YOU TO FOLLOW THE TABLE, WHICH DOES HAVE THE ASTERISK.
AND THAT'S, THAT'S WHERE I'M CONFUSED IS BECAUSE IF THE CRUX OF THE ADDITIONAL 10 FEET IS BECAUSE THERE'S AN OVERPASS THAT EXCEEDS 10 FEET IN HEIGHT, THEN WHY WOULDN'T YOU GET IT TOO? IF, IF YOU'RE BEING DIRECTED TO FOLLOW THE TABLE AND IT SPECIFICALLY SAYS THAT YOUR PROPERTY, YOU KNOW, IF YOUR PROPERTY DOESN'T FRONT THE EXPRESSWAY, SO IT, I DON'T, I'M, I'M A LITTLE CONFUSED WITH THAT.
NUMBER TWO SAYS I AGREE WITH YOU, UH, UH, DO YOU WANT TO ANSWER THIS FROM SIGNS? SO, OKAY, SO WHAT IT, WHAT IT SAYS IS, IS NOT TO EXCEED 50 FEET.
SO IF YOU'RE ON THE, IF YOU HAVE EXPRESSWAY FRONTAGE, YOU GET 50 FEET, YOU'RE 50 AT 375 SQUARE FEET, THEN YOU GET AN ADJACENT GRADE.
IF YOU HAVE ADJACENT, IF YOU HAVE GREAT ELEVATION, YOU GET AN ADDITIONAL 10 FEET NOT TO EXCEED THE 60 FEET ABOVE, ABOVE LEVEL.
THAT IS FOR THE PERSON WHO HAS FRONTAGE.
WELL, 'CAUSE THAT'S, SEE THAT WE, THAT'S WHAT I'M CONFUSED ABOUT IS BECAUSE IF, IF YOU LOOK AT 28, UH, 45 F IT SPECIFICALLY TELLS YOU TO FOLLOW TABLES ONE AND TWO.
THEY APPLIED A LOT, LOTS OR PORTIONS OF LOTS LOCATED WITHIN 500 FEET OF AN EXPRESSWAY.
WERE SAID LOT OR LOTS DO NOT HAVE FRONTAGE ON AN EXPRESSWAY.
SO IT'S TELLING ME TO FOLLOW TABLES ONE AND TWO, EVEN THOUGH I DON'T FRONT THE EXPRESSWAY.
AND THEN WHEN YOU GO TO THE TABLE ONE FOR A FREESTANDING SIGN, IT DOES SAY 50 FOOT WITH AN ASTERISK.
AND ON THE ASTERISK IT SAYS NOT TO EXCEED 50 AND HEIGHT ABOVE THE ADJACENT STREET GRADE, NOT TO EXCEED A MAXIMUM OF 60 FEET ABOVE THE GROUND LEVEL.
IT DOESN'T TALK ABOUT THE OVERPASS OR A BUTTING, AN OVERPASS.
AND THAT'S THE PART THAT'S BEING CLARIFIED IN THE NEW CODE.
AND THE, THE, BUT TODAY IT, THERE'S NO CLARIFICATION.
WELL, THAT'S HOW WE APPLY IT, IS THAT WE SAY, OKAY, IF YOU HAVE ADJACENT GRADE, YOU GET THE, THE EXTRA 10 FEET.
IF YOU'RE JUST, IF YOU HAVE THE, IF YOU'RE ALLOWED THE, THE EXPRESSWAY STANDARDS, YOU GET THE 50 FEET.
I MEAN I, SO IT'S LIKE A BONUS FOR THE CLOSE.
YOU'RE, IT'S, IT'S BONUS IF YOU'RE WITHIN IN THE 500 FEET.
'CAUSE OF ELSE YOU'D BE LIMITED TO THE 40 AT TWO 40.
BUT IF THIS WAS ONE CONTIGUOUS LOT, I COULD GET THE 60, BUT BECAUSE IT'S NOT TOUCHING, IT'S TWO LOTS.
BUT IF I REPLAYED, THIS IS ONE LOT, I COULD GET THE 60.
YOU GO INTO AN SS M P, WE HAVE ONE ONE LOT.
AND THAT'S ONLY BECAUSE THAT'S HOW YOU'RE INTERPRETING IT TODAY.
'CAUSE IT DOESN'T TALK ABOUT THE OVERPASS.
ALL, ALL THE CODE SAYS NOW IS I'M WITHIN 500 FEET OF THE EXPRESSWAY.
THE TABLE SAYS I CAN DO THIS EXTRA 10 FEET.
I JUST, I JUST DON'T UNDERSTAND WHY.
SO LIKE, IF YOU WERE ONE CONTINUOUS LOT, LIKE YOU SAID, THEN THE NEXT LOT WOULDN'T GET THE 500 FEET.
STEPH, CAN WE SEE THAT TABLE? YEAH.
CAN YOU PLEASE BRING UP, UH, TABLE, TABLE ONE IN THIS, IN SECTION 28, MR. CHAIR, WHILE THEY'RE PULLING THAT UP? SURE.
I, I KNOW WE HAVE SEVERAL MORE CASES TO DEAL WITH.
UM, I DON'T KNOW IF EVERYONE IS GONNA BE ABLE TO STAY FOR THE LONG HAUL TONIGHT.
IF YOU ARE, THEN WE CAN ORDER DINNER.
UM, I DON'T THINK, I THINK WE'RE GONNA JAM THROUGH THESE.
I THESE, THIS, WE'RE JUST DOING SOME, THESE SIGN ONES ARE JUST GETTING PRETTY TR TRICKY.
I JUST DON'T WANNA HAVE HANGRY COMMISSIONERS.
DOES ANYBODY NEED, DOES BRING SNACKS? DOES ANYBODY WANT DINNER ORDERED? BRING, OKAY, JUST CHECKING IN, SIR.
OH YEAH, LET ME KNOW JUST SO WE CAN BE ON THE SAFE SIDE.
WE'LL BRING IN MORE SNACKS AND WATER.
SO, UH, IS THERE ANY, IS THERE ANY, OKAY, THEY BROUGHT IT, UM, YEAH, IT'S BROUGHT UP HERE.
SO HERE'S, HERE'S THIS TABLE ONE THAT YOU'RE SEEING ON THE SCREEN AND PAN, PAN DOWN A LITTLE BIT TO SECTION 25 40 28 DASH 45 F JUST A LITTLE FURTHER DOWN.
SO THIS, THIS IS THE SECTION THAT SAYS IF YOU'RE WITHIN 500 FEET AND YOUR LOT ISN'T RUNNING THE EXPRESSWAY, YOU FOLLOW TABLES ONE AND TWO.
AND THEN TABLE ONE SAYS, OKAY, WELL I'M, I'M,
[02:35:01]
AND CONSIDERED AN EXPRESSWAY SIGN.I HAVE A HEIGHT OF 50 FEET, AND THEN THERE'S AN ASTERISK.
AND THEN BELOW IT YOU HAVE THIS, THIS, THIS, UH, ASTERISK REMARK NOT TO EXCEED 50 IN HEIGHT, NOT TO EXCEED A MAXIMUM OF 60 ABOVE THE GROUND LEVEL.
IT DOESN'T TALK ABOUT OVERPASSES, IT DOESN'T TALK ABOUT, YOU KNOW, WHAT HAPPENS, WHAT DOESN'T REALLY TELL YOU WHAT THAT MEANS TOO.
WELL, I KNOW THEY'RE TRYING TO CLARIFY IT WITH THE NEW AMENDMENTS, BUT TODAY, I DON'T KNOW.
I MEAN, THE WAY I READ IT, IF, IF THE, IF HISTORICALLY A STAFF IS GIVING IT TO YOU BECAUSE YOU HAVE AN OVERPASS THAT EXCEEDS 10 FEET A NIGHT AND YEAH.
SO I MEAN, I, I JUST THINK IF, IF YOU'RE AN EXPRESSWAY SIGN, YOU SHOULD GET THE SAME BENEFIT AS ANYONE ELSE.
BUT THAT'S HOW I'M LOOKING AT IT.
SO IS THERE ANY COMMISSIONER QUESTIONS? WELL, IT SAYS, OKAY, SO I GUESS I READ IT A LITTLE BIT DIFFERENTLY 'CAUSE IT'S ADJACENT STREET GRADE AND SO, SO, SO IT'S NOT THE ADJACENT STREET GRADE.
AND SO I'M GONNA STICK, STICK ON THAT WORD THERE.
'CAUSE THEY'RE THE ADJACENT, UM, YOU KNOW, I GUESS IT'S NOT ADJACENT
THIS IS, THIS IS SO CONFUSING.
COMMISSIONER, CAN YOU USE YOUR MICROPHONE PLEASE? THANK YOU.
IS THERE ANY, I'M SORRY, THIS CONFUSING IN TERMS OF ALL THESE NUMBERS JUST, I'M JUST LOOKING AT HOW FAR IT IS FROM THE EXPRESSWAY.
IT IS CLOSE TO THE EXPRESSWAY.
IT IS CLOSE TO THE OTHER SIGN.
I HAVE NO PROBLEM WITH THIS BECAUSE OF, I DO NOT BELIEVE IT OR NOT,
IS THERE ANY OTHER COMMISSIONERS THAT LIKE TO CHIME IN QUESTION? CHAKA COMMISSIONER MAN, CHAKA, THEN, UH, THE APPROXIMATE DISTANCE THAT I SAW FROM FOUR 10 ALONG SAR SAMRA TO THE EXISTING VALERO SIGN, IT WAS ABOUT, UM, IT WAS ABOUT 550 FEET AND THAT SIGN IS APPROXIMATELY 45 FEET TALL.
AND YOU WANT TO GO ABOVE THAT FI THAT SIGN, THAT EXISTING SIGN THAT'S THERE NOW ANOTHER 20 FEET, UM, CAN, CAN YOU GO BACK TO THE, WITH, WITH A SLIGHT ELEVATION OF MAYBE FIVE FEET FROM THE EXPRESSWAY TO WHERE YOU'RE AT? UH, BUT YES, WE, WE WANNA BE ABLE TO BE SEEN A ABOVE THAT SIGN.
UM, YEAH, THAT ONE, UH, YEAH, YOU CAN SEE, YEAH, THAT SIGN IF, IF IT IS 45 FEET, UM, WE, WE DO WANT TO BE HIGHER THAN THAT BECAUSE YOU CAN SEE IT IS ALMOST A COMPLETELY SOLID SIGN FROM, FROM THE GROUND TO THE VERY TOP OF THAT SIGN.
IT, IT BLOCKS ALL, ALL VISUALS OF ANY, ANYTHING PAST IT.
UM, NOW THEY ALSO HAVE, I BELIEVE, A HIGHER SIGN ON THE, UM, EXPRESSWAY SIDE AS WELL.
SO THEY ARE TAKING ADVANTAGE OF, OF MULTIPLE SIGNS AND A SIGNIFICANT AMOUNT OF SQUARE FOOTAGE THERE, UH, ON THOSE SIGNS.
WE WANNA BE SEEN THAT SIGN IN QUESTION THAT THAT COMMISSIONER MINCHA IS TALKING ABOUT IS A MULTI-TENANT SIGN.
SO BY, IF IT IS, I MEAN THEY CAN GO TO 70 FEET 'CAUSE THEY'RE NEXT TO THE EXPRESSIVELY IF THEY WANTED TO.
UH, COMMISSIONER SPIELMAN, HOW HIGH IS THAT? UH, SIGN? THE VALERO SIGN? UH, I, I TRIED TO FIND THE RECORDS.
I, YEAH, SORRY, I CAN'T FIGURE OUT BILL SA I MEAN, I JUST WANTED TO POINT OUT ON THE PREVIOUS CASE WE, THERE WAS A LOT OF CONCERN OF WHAT COULD HAPPEN IN THE FUTURE.
YOU KNOW, IN THIS CASE THAT THE INDIVIDUAL IN THE CORNER, A MULTI-TENANT CAN GO TO 70 FEET AND AND OR 60 IF IT'S A SINGLE SIGN.
AND SO THAT'S, YOU KNOW, IF IT, IF IT'S 45 FOOT NOW OR 55 FOOT NOW, IT COULD ALWAYS GO HIGHER.
I JUST LIKE TO PUT THAT OUT THERE FOR THE COMMISSION TO BE AWARE OF.
BUT I DOUBT ANYBODY'S GONNA COME ON TOP OF THEIR BUCKY'S GONNA COME THERE AND TAKE OVER.
DON'T THINK SO DON'T, YEAH, WE NEVER KNOW WHAT'S GONNA HAPPEN.
IS THERE ANY OTHER COMMISSIONER QUESTIONS THAT REAL, REAL QUICK TO MR. MONA'S POINT? WE, WE ARE, AND KNOW IT'S NOT 10 FEET ADMITTEDLY, BUT WE ARE LOWER THAN, UH, C ZZA MORERO GRADE THERE AS WELL, SO, YEAH.
SO I DO RECOMMEND, UH, TO THE COMMISSION THAT WE'D SEPARATE THIS INTO TWO SEPARATE, UH, MOTIONS TOO.
SO WHO'D LIKE TO READ THIS? UH, READ THE MOTION.
UNA DO YOU WANT ME TO TAKE, UH, NUMBER TWO FIRST AND THEN COME BACK TO NUMBER ONE OR WELL, COMMISSION MAN IS READY TO GO.
OKAY, WE GOOD? YEAH, GO AHEAD.
UM, REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 0 5 0, MOVE THE BOARD OF ADJUSTMENT GRANT
[02:40:01]
OR REQUEST FOR A 90 FOOT VARIANCE FROM THE MINIMUM RIGHT OF WAY DISTANCE OF A HUNDRED FEET TO ALLOW A SIGN WITH 10 FEET OF RIGHT OF WAY, GENERALLY LOCATED AT, UH, 1000 OR 10,000 BLOCK OF SOUTH ZAMORE STREET, APPLICANT BEING KILLIAN GRIFFIN AND FAIRMONT, UH, CHARACTER.BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN NECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE THE VARIANCE IS NOT NECESSARY OR THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE.
UH, CONCERNING THE UNIQUE FEATURES OF A SITE SUCH AS ITS DIMENSIONS, LANDSCAPE, OR TOPOGRAPHY OR, UM, TO A DENIAL OF THE VARIANCE WOULD PROBABLY CAUSE A CESSATION OF LEGITIMATE, LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY.
UH, THE PROPERTY CURRENTLY QUALIFIES FOR A SIGN 50 FOOT IN HEIGHT.
THE APPLICANT IS REQUESTING, UM, LET'S SEE, TO BE LOCATED WITHIN 10 FEET OF THE RIGHT OF WAY.
UM, THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH IN PARAGRAPHS, UH, ONE AND TWO, THE BOARD FINDS THAT, UH, GRANTING THE VARIANCE, UH, DOES NOT PROVIDE THE APPLICANT WITH SPECIAL PRIVILEGE, UH, NOT ENJOYED BY OTHERS SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED.
THE PROPOSED SIGN DOES NOT APPEAR TO PROVIDE SPECIAL PRIVILEGE AND WILL NOT IMPEDE THE FLOW OF TRAFFIC ENTERING AND EXITING THE PROPERTY.
BE, UH, GRANTED THE VARIANCE WILL NOT BE SUBSTANTIALLY ADVERSE.
IMP WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES.
THE PROPOSED VARIANCE WILL NOT HAVE AN ADVERSE EFFECT ON NEIGHBORING PROPERTIES AS THERE ARE OTHER SIGNS SIMILAR IN HEIGHT AND SIZE IN THE AREA.
C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THE ARTICLE.
THE REQUESTED VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THE CHAPTER.
UM, THE ADDITIONAL, UH, UM, YEP, I GUESS THAT'S THE END OF THE MOTION.
IS THERE A SECOND? OKAY, I'LL SECOND IT.
UM, IF I CAN, UH, INTERJECT REAL QUICK.
THE, UH, SIGN OF VALERO SIGN IS A 40 FEET HIGH ACCORDING TO THEIR PERMIT.
AS COMMISSIONER MANNA, SO, SO I, I COMMEND THE APPLICANT FOR, FOR WANTING TO, UH, MOVE THE SIGNAGE AWAY FROM, UH, RESIDENTIAL NEIGHBORHOODS.
'CAUSE THAT'S ALWAYS ONE OF MY FIRST CONCERNS.
AND SO I THINK FROM THAT PERSPECTIVE, UM, I, I THINK THAT THIS DOES MAKE SENSE AND I REALLY DON'T SEE IT.
UM, I SEE, I SEE SIGNS THAT ARE IN THAT SPACE THAT THEY'RE SPEAKING OF, AND SO I DON'T HAVE AN ISSUE WITH THAT.
I DON'T HAVE AN ISSUE WITH IT EITHER SINCE THEY GAVE UP RIGHT AWAY WITH THE REPLANNING PROCESS.
SO THE STREET'S GOT PLENTY OF WIDTH AND THEN THEY'RE FURTHER AWAY FROM THAT.
SO THERE'S NOTHING ELSE EXCEPT ROLL CALL.
VOTE ON THAT MOTION WE'RE DOING MR. MANNA.
NUMBER TWO, I CONCUR WITH THE FINDINGS OF FACT.
MR. S SPILLMAN, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
UH, NOW WE ARE LOOKING FOR A MOTION ON THE SIGN HEIGHT, MR. UNA, REGARDING CASE NUMBER BO EIGHT DASH 23 DASH 3 0 0 0 5 0.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR ONE A 10 FOOT VARIANCE FROM THE 50 FOOT MAXIMUM HEIGHT, UH, MAXIMUM EXPRESS EXPRESSWAY SIGN HEIGHT TO ALLOW A 60 FOOT SIGN HEIGHT.
UH, SPECIFICALLY, UM, UH,
SPECIFICALLY FIND THAT ONE OF THE VARIANCE IS, UH, NECESSARY BECAUSE STRICTER ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE CONSIDERING THE UNIQUE FEATURE OF THE SITE, UH, SUCH AS THE ADJACENT, UH, UH, SIGNAGE AT THE VALERO STORE, ET CETERA.
UM, TWO, A DENIAL OF THE VARIANCE WOULD PROBABLY CAUSE A CESSATION OF LEGITIMATE LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY.
UH, THE PROPERTY CURRENTLY QUALIFIES FOR A SIGN 50 FEET AND HEIGHT.
THE APPLICANT'S REQUESTING A VARIANCE OF THE ERECTED NEW 60 FOOT TALL SIGN.
UM, AND THEN, UH, THREE, AFTER SEEKING ONE OR MORE OF THE FOLLOWING, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH.
AND SO PARAGRAPHS ONE AND TWO, THE BOARD FINDS THAT ONE, GRANTING THE VARIANCE DOES NOT PROVIDE AN APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHERS SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED.
THE PROPOSED SIGN DOES NOT APPEAR TO PROVIDE SPECIAL PRIVILEGE, WILL NOT IMP PLEAD THE FLOW OF TRAFFIC ENTERING OR EXITING THE PROPERTY.
B GRANTING THE VARIANCE WILL NOT HAVE A SUBSTANTIAL ADVERSE IMPACT ON NEIGHBORING PROPERTIES.
THE PROPOSED VARIANCE WILL NOT HAVE AN ADVERSE IMPACT ON NEIGHBORING PROPERTIES SUCH AS THERE ARE OTHER SIGNS SIMILARLY IN HEIGHT AND SIZE IN THE AREA.
C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THIS ARTICLE.
[02:45:01]
THE REQUEST THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT THE PURPOSES OF THEIR EXCEED FOOT 10 OF MOTION.SO I'M GONNA BE SUPPORTING THE VARIANCE.
I MEAN, THERE'S CONFLICT WITHIN THE EXISTING CODE AND THEIR, UH, POTENTIAL FOR, UM, AMENDMENTS TO EXPRESS, UH, EX EXPLICITLY ALLOW THE 10 FOOT THAT'S IN PROCESS.
I THINK THAT THE POTENTIAL FOR, YOU KNOW, THE FLAIR SIGN COULD INCREASE SITES TO BLOCK THE, THE SIGNAGE ON THIS.
AND I DON'T THINK THAT THE ADDITIONAL 10, UH, FEED IS, IS A, UM, MEANINGFUL VARIANCE.
COMMISSIONER MANNA, UM, I WON'T BE SUPPORTING THIS.
UM, SO PREVIOUSLY WE WERE TALKING ABOUT, UH, HILL COUNTRY PROPERTY WHERE THIS IS FARMLAND PROPERTY AND LOOKING OUT ON FOUR 10, UM, I WENT WAY OUT AND I COULD SEE THE VALERO SIGN QUITE A WAYS BACK.
AND SO, SO I, AND, AND KNOWING THAT THAT WAS SET AT 40 FEET, UM, YOU KNOW, I THINK THE EXISTING 50 FEET WOULD BE ADEQUATE, SO I WILL NOT BE SUPPORTING MOTION.
ANYONE ELSE LIKE TO ADD? OKAY.
HEARING NONE, UM, LET'S HAVE ROLL CALL.
MR. MANNA, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
MRS. SPILLMAN, I DO NOT CONCUR WITH THE FINDINGS OF FACT, MS. INGLES.
MS. BRACKMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
UH, MOTION FAILS, UM, WITH A, WITH A SIX AGAINST, I BELIEVE IS FOUR FOUR AGAINST.
SEVEN AGAINST FOUR SEVEN AGAINST FOUR IN FAVOR.
ALL RIGHT, UH, NEXT CASE ITEM NUMBER FIVE.
THAT IS CASE ENDING IN 0 0 6 1.
BO O A DASH TWO THREE DASH 0 3 0 0 0 6 1 ADDRESS IS 5 9 0 3 NO CREST IN CITY COUNCIL.
DISTRICT NUMBER FOUR, APPLICANT BEING ELISIA GARCIA.
A REQUEST FOR A FOUR FOOT NINE INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE THREE INCHES FROM THE SIDE PROPERTY LINE.
AND THE CURRENT ZONING IS R SIX.
THE SUBJECT PROPERTY IS LOCATED ALONG NO CREST DRIVE NEAR LACKLAND AIR FORCE BASE.
THE APPLICANT IS REQUESTING A VARIANCE FOR THE SIDE SETBACK TO ALLOW A DETACHED CARPORT WITH A WIDTH OF 17 FEET NINE INCHES TO BE THREE INCHES FROM THE SIDE PROPERTY LINE.
UPON SITE VISIT, STAFF OBSERVED THE APPLICANT HAD HALTED CONSTRUCTION ON THE CARPORT TO OBTAIN A BUILDING PERMIT.
CARPORTS CONSTRUCTED IN SAN ANTONIO ARE REQUIRED TO MAINTAIN A MINIMUM DISTANCE OF FIVE FEET TO THE SIDE.
AND THEN THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY, AND THIS IS THE CARPORT.
AND THEN THE SIDE SETBACK MEASUREMENT AND THEN THE SURROUNDING AREAS.
STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO O A DASH 23 DASH 0 3 0 0 0 6 1 BASED ON THE FOLLOWING, UH, ONE, NO UNNECESSARY HARDSHIPS SEEM TO BE PRESENT AS THERE IS ALREADY SUFFICIENT ROOM TO PARK THEIR VEHICLE COMFORTABLY.
AND TWO, NO OTHER CARPORTS AND REDUCED SETBACKS WERE SEEN IN THE IMMEDIATE AREA.
UH, THIS IS THE NOTIFICATION PLAN.
STAFF MAIL 27, NOTICES FIVE IN FAVOR WITH TWO OUTSIDE THE 200 FEET, ONE IN OPPOSITION.
AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION FOR THE SUBJECT PROPERTY.
AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
LET THE APPLICANT COME FORWARD PLEASE.
HELLO, MY NAME'S ELLE GARCIA AND THIS IS MY WIFE, GRACE.
AND WHAT WE'RE TRYING TO DO IS, UH, BUILD A CARPORT, UH, SO WE CAN GET OUR, OUR VEHICLES UNDER THERE FOR THE, UH, UH, WHEN IT, YOU KNOW, WHEN THE BAD WEATHER HITS AND STUFF LIKE THAT.
UM, WE, WE ARE, UH, THREE INCHES AWAY, BUT I DID, UH, I WAS HERE THE LAST TIME AND I MODIFIED THE, UH, THE WAY WE WERE GONNA DO THE ROOF LINE.
AND SO WHAT I DID WAS, UH, SEE THAT PICTURE THERE? YEAH, THEY CAN PROJECT THAT ONTO THE SCREEN IF THEY HAND IT TO HIM, EMAIL TOO.
SO AS YOU CAN SEE THE, UM, THE, THE GUTTERS AT, AT THE TOP THERE AND THERE IS A POLE COMING DOWN.
[02:50:01]
AND ON THAT POLE I COULD EITHER PUT ON THE FACE OR ON THE SIDE AND THE WATER IS GONNA BE GOING TOWARDS OUR SPACE, WHICH IS THE DRIVEWAY.SO THIS WAY WE'RE NOT ONTO THE, UM, OUR NEIGHBOR'S PROPERTY.
THE, I DID SPEAK WITH THE NEIGHBOR AND HE SAID HE WAS OKAY WITH IT.
I SHOULD HAVE GOT SOMETHING WRITTEN DOWN, BUT, UH, HE SAID HE WAS OKAY WITH IT, UH, BECAUSE I WASN'T GOING INTO HIS PROPERTY.
THE, UM, CARPORT IS MADE OUT OF STEEL.
UM, SO THERE'S, YOU KNOW, NO, UM, I GUESS, UM, COMBUSTIBLE, UH, ANYTHING COULD BURN.
THERE'S, IT'S NOT MADE OUTTA WOOD OR ANYTHING ELSE LIKE THAT.
UM, SO THIS IS WHAT I, I PROPOSED TO DO.
IF YOU GUYS SEE ANY OTHER MODIFICATIONS THAT I COULD DO FOR IT, I'LL BE WILLING TO DO IT.
DID YOU, DID YOU PROVIDE THAT SKETCH, UH, TO STAFF OTHER PRIOR TO TODAY? YES.
SO IS THIS, SO THE, THE SKETCH THAT SHOWS THE GUTTER AND IT FLOWING ONTO THE DRIVEWAY, THAT'S PART OF THE APPLICATION AT THIS POINT? YEAH, NO.
UM, IF HE'S AMENDING TO THIS RIGHT HERE, UM, WE CAN USE THIS AS THE, UH, SITE PLAN ATTACHED TO THE VARIANCE.
SO, UM, AND THE REASON WHY I, I NEED THE SPACE IS I CAN'T FIT BOTH VEHICLES IN THERE.
IF I WERE TO BRING THE, THE, THE COLUMN IN OR THE POLE, THEN I WOULD, I WOULDN'T BE ABLE TO TO PUT MY VEHICLES IN THERE.
SO, UM, YEAH, WE, WE HAD THE BENEFIT OF HEARING YOUR PRESENTATION, UH, PREVIOUSLY, SO WE'RE JUST OPEN.
IS THERE ANY, UH, PUBLIC COMMENTARY THAT NEEDS TO BE READ IN OR VOICEMAILS? THERE'S NO PUBLIC COMMENT.
IS THERE ANY COMMISSIONER QUESTIONS? CRUZ, COMMISSIONER CRUZ, AND THEN A ZOOM UP.
UM, I'VE JUST GOT A QUESTION ON THE PICTURE THAT I'M SHOWING HERE.
AND IT, I DON'T KNOW WHAT SLIDE IT IS, 52 ACCORDING TO THIS, UM, THE OTHER TWO CARPORTS THAT THEY'RE SHOWING, ARE THOSE CLOSE TO YOU OR ACROSS THE STREET FROM YOU OR THERE? THERE'S, THERE'S A CARPORT.
UM, THERE'S ABOUT FIVE CARPORTS THAT ARE BUILT RIGHT ON THE LINE, PROPERTY LINE IN THE AREA.
I DO HAVE SOME PICTURES HERE, UM, RIGHT THERE.
THAT ONE? YES, THAT ONE'S ACROSS THE STREET FROM ME.
BOTH OF THOSE ARE ACROSS THE STREET FROM YOU? YES, THEY'RE BOTH ACROSS THE STREET.
UH, THERE'S ONE THAT ONE'S KINDA LIKE CATTYCORNER.
BUT THE ONE IN FRONT OF ME ALSO HAS A COURT PORT THAT IS RIGHT ON THE PROPERTY LINE.
AND BOTH OF THOSE ARE AS LONG AS THE ONE YOU'RE TRYING TO BILL RIGHT NOW? UM, YES.
AS YOU CAN SEE, THIS ONE THAT'S, THAT'S WITH THE WHITE CAR RIGHT THERE.
IT'S, IT'S, IT'S WITHIN LIKE, UH, 15 TO 20 FEET FROM THE, UH, FRONT.
SHE'S ASKING IF YOU'RE MAKING THE SAME CAR? NO.
HOW LONG, HOW LONG IS IT THE SAME LENGTH? WELL SEE WHAT, WHAT I'M DOING IS GOING, I'M GOING TO THE, UH, BACK PART OF MY HOUSE TOWARDS THE FRONT, AND I'M STOPPING RIGHT AT THE FRONT OF MY HOUSE.
SO IT'S NOT GONNA GO TOWARDS THE STREET'S FLAT.
NO, NO, I, NO, WHAT I'M SAYING IS, OH, OKAY.
SO, SO THERE'S STILL ANOTHER ABOUT 20 TO 30 FEET.
FEET? I SEE IT NOW BEFORE I GET TO THE STREET.
'CAUSE THESE ARE CLOSER TO THE STREET.
'CAUSE THAT WASN'T HERE LAST TIME, SO I WASN'T SURE.
ANY OTHER, UH, COMMISSIONER ZUNA? OH YEAH, I WAS JUST GONNA MAKE NOTE, A NOTE THAT, UH, SO THERE WAS A CONTINUANCE FROM THE LAST CASE.
'CAUSE WE WERE ASKING YOU TO GO AND EXPLORE THE ABILITY TO PUT THE GUTTERS ON WITHOUT CROSSING OVER THE PROPERTY LINE.
YOU'VE DONE WHAT WE ASKED YOU TO DO? YES, SIR.
SO, UM, YOU KNOW, UH, AND WE INCLUDED THAT AS AN EXHIBIT, UH, FOR, FOR ALL THE BOARD MEMBERS TO KNOW THAT THAT, UH, WOULD BE THE, THE, THE EXHIBIT THAT HE INTENDS TO BUILD THE GUTTERS WITHIN THE PROPERTY LINE.
COMMISSIONER ZUNIGA, AND, AND JUST TO, SO YOU SAY YOUR NEIGHBOR RIGHT ADJACENT TO YOU IS OKAY WITH THIS? YES, RIGHT NEXT DOOR TO ME.
WITH THAT COMMISSIONER ZUNIGA? YES.
ON A PICTURE HERE WHERE YOU HAVE THE FRAME.
IS THAT A PART OF THE FACADE IN FRONT OR THE, UH, THE ROOF SIDE THAT YOU HAVE THERE? RIGHT IN FRONT IS NOT GOING TO BE THE FACADE THAT, THAT'S THE FRONT AND, UM, WHERE THE PATIENT IS.
I DO HAVE LIKE A LITTLE BIT OF AN OVERHANG, UH, BUT THAT'S, IT'S LIKE A, MAYBE A SEVEN INCH OVERHANG, BUT THAT STOPS WITH THE FRONT OF MY HOUSE.
YEAH, IT DOESN'T EXCEED THAT, BUT, BUT YOU'RE NOT GONNA CUT IT OFF OR NO, ON THE, ON THE FAR RIGHT SIDE.
[02:55:01]
GONNA CUT THAT OFF BECAUSE IT DOES GO OVER, BUT I JUST LEFT IT WILD BECAUSE THE, UM, WHEN I TALKED TO THE, UM, INSPECTOR, UH, HE SAID, GO AHEAD AND STOP WHERE YOU'RE AT.AND THE REASON WHY I DIDN'T, UH, GET A PERMIT IN THE BEGINNING IS 'CAUSE IT WAS A MISUNDERSTANDING.
THE, UM, INSPECTOR THAT WAS OUT THERE, HE SAID I DIDN'T NEED A PERMIT FOR THE, FOR THE, UH, DRIVEWAY.
SO I TOOK IT, THAT THAT WAS PART OF THE DRIVEWAY.
AND THEN WHEN THE, WHEN THE INSPECTOR STOPPED BY, I, I TOLD HIM THERE WAS A MISUNDERSTANDING ON THAT.
SO, DO YOU KNOW THE NAME OF THE INSPECTOR? I'M SORRY, SIR.
DO YOU KNOW THE NAME OF THE INSPECTOR? I DO NOT.
I DO NOT, BUT HE'S BEEN THERE FOR YEARS.
SO YOU WILL CUT IT OFF, RIGHT? YES, I WILL CUT IT OFF.
MOST OF THE HOUSES ALONG YOUR STREET IS A SINGLE DRIVEWAY.
ONE CAR GOES IN THERE WHEN YOU EDIT THAT EXTRA SLAB TO THE RIGHT TO EXTEND THAT TO THE NEIGHBOR.
UH, I, I TALKED TO THE NEIGHBOR BEFORE I GOT ANYTHING DONE BECAUSE, UH, IF YOU LOOK AT THE HOUSE, CAN YOU GO BACK TO THE OTHER HOUSES ON THE OTHER SIDE OF THE STREET? THAT, SO THE HOUSE WHERE THE BLACK TRUCK IS, THAT'S A, THAT'S A DOUBLE, UH, DRIVEWAY TOO.
AND IT'S JUST, THAT'S WHERE I GOT THE IDEA FROM.
SO IT GOES FROM THE STREET ALL THE WAY TO THE BACK OF THE HOUSE.
AND THEN, UM, SO THAT'S WHY I KIND OF, I BUILT IT THE SAME WAY.
BUT I DID TALK TO THE INSPECTOR BEFORE I STARTED ANYTHING, AND I ALSO TALKED TO MY NEIGHBOR BEFORE I, I, I DID ANYTHING AND IT WAS REALLY, I WAS PARKING KIND OF LIKE ON, I THREW GRAVEL DOWN SO IT, EVERY TIME IT RAINED, WE HAD A, WE HAD A MUDDY MASS.
YEAH, I SAW THE GOOGLE BACK THEN WHEN YOU WERE DOING THAT.
COMMISSIONER MANNA, YOU'RE HERE TO TELL.
SO ONE OF THE THINGS HE SAID IS THAT YOU HAD NO PLANS TO MOVE THE, UH, CURRENT CARPORT FORWARD, UH, THE FRONT OF THE HOUSE.
IS THAT CORRECT? NO, THAT'S, THAT'S IT.
AND SO THE MOTION WAS MADE SO THAT, THAT WAS PART OF THE MOTION WHERE YOU WOULD HAVE TO BE SO MANY FEET BACK.
YOU WOULDN'T HAVE AN ISSUE WITH THAT? 'CAUSE THAT WOULDN'T IMPACT YOUR POSITION.
AS FAR AS FRONT FROM THE STREET, IS THAT WHAT YOU'RE TALKING ABOUT? YES.
I'VE GOT, LIKE I SAID, 20 TO 30 FEET.
I, I'M NOT SURE EXACTLY WHAT DIMENSION IT IS, BUT I KNOW I HAVE, UH, EASY 20 TO 30 FEET UP THERE.
IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION.
COMMISSIONER KAPLAN, REGARDING CASE NUMBER B REGARDING, OH.
AND, AND WHEN YOU READ IT, JUST UH, MAKE SURE, UH, YOU'RE AWARE OF THE, UH, NOT TO EXCEED THE FRONT OF THE HOUSE TO EXCEED THE FRONT OF THE HOUSE.
REGARDING CASE NUMBER BO O A DASH 23 DASH 3 6 1, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, FOUR NINE INCH VER MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO HAVE A THREE INCH SIDE SETBACK SITUATED AT 5 9 0 3 NOEL CREST DRIVE, APPLICANT BEING CIO GARCIA GARZA.
BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER, THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS TO GENERAL HEALTH, SAFETY AND WELFARE FOR THE PUBLIC.
IN THIS CASE, THE PUBLIC INTEREST IS REPRESENT RESTRICTED SETBACKS.
TO PROVIDE AMPLE SPACING BETWEEN PROPERTY LINE AND STRUCTURES, THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE SETBACK TO ALLOW A CARPORT TO BE THREE INCHES IN THE SIDE PROPERTY LINE.
UM, SHOULD I, THIS I SAY, UH, THE FRONT, IT SHALL NOT EXCEED, UM, THE FRONT OF THE HOUSE.
IT SHOULD BE PART OF THE MAIN MOTION.
UH, SO IT WOULD BE A, UM, A REQUEST FOR A FOUR FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIZE BACK TO ALLOW A CAR PUT TO HAVE A THREE INCH SIDE SET BACK, BACK, NOT EXCEEDING WITH THE FRONT.
NOT TO EXCEED, NOT TO EXCEED THE FRONT OF THE HOUSE.
THE APPLICANT IS REQUESTING A VARIANCE THE SIDE SET BACK TO ALLOW A CARPORT TO BE THREE INCHES FROM THE PROPERTY LINE.
STAFF FINDS THIS DISTANCE IS SUITABLE AS IT DOES NOT IMPOSE ON THE PUBLIC INTEREST OF THE NEIGHBOR.
TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT TO THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT TO THE ORDINANCE WOULD RESULT IN THE APPLICANT BUILDING THE CARPORT FIVE FEET FROM THE SIDE PROPERTY LINE, OR DEMOLISHING THE CARPORT, WHICH WOULD RESULT IN AN UNNECESSARY HARDSHIP AS IT WILL PREVENT THE APPLICANT FROM FITTING TWO CARS COMFORTABLY WITH THE REDUCED SETBACK.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE CAR PUT WOULD BE THREE INCHES IN THE SIDE PROPERTY LINE, WHICH WILL OBSERVE THE SPIRIT OF THE ORDINANCE BECAUSE IT WOULD PROVIDE ADEQUATE DISTANCE FROM THE SIDEWALK AND IS ABIDING BY ALL OTHER BUILDING REQUIREMENTS.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH
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THE VARIANCE IS LOCATED.NO OTHER USES THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH, WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
IF GRANTED, THE CARPORT WILL MAINTAIN THREE INCHES FROM THE SIDE PROPERTY LINE.
THIS DIS PROVIDES ADEQUATE SPACING, WHICH IS NOT LIKELY TO INJURE ADJACENT CONFORMING PROPERTIES AND ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IS OTHER CARPORTS WERE SEEN IN THE IMMEDIATE AREA, THE SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY DO NOT MERELY FINANCIAL AND ARE NOT DUE TO A RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS LIMITED SPACING IN THE SIDE YARD.
THE CIRCUMSTANCES APPEAR TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
I, I'LL I'LL SUPPORT THIS NOW.
UM, YOU'VE COME BACK AND YOU'VE MADE THE ADJUSTMENTS THAT WE ASKED FOR AND, AND YOUR NEIGHBOR WHO REALLY WILL BE AFFECTED IS ONE WHO IS OKAY WITH IT.
SO, UM, WITH THAT IN MIND, I'M, I'LL BE OKAY.
I DON'T SEE ANY PROBLEM WITH THIS.
IT SHOULD BE, UM, WELL WORTH THE EFFORT THAT THEY'RE PUTTING INTO IT.
ANYONE ELSE LIKE TO ADD HEARING NONE US HAVE ROLL CALL VOTE MS. KAPLAN.
I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
NEXT ITEM ITEM SIX, BO O A DASH TWO THREE DASH 1 0 3 0 0 0 6 4.
ADDRESS IS 1 1 1 4 SOUTH MESQUITE STREET IN CITY COUNCIL.
UM, APPLICANT BEING JUAN MONTEGO.
A REQUEST FOR ONE, A FOUR FOOT 11 INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT WITH OVERHANG TO BE ONE INCH FROM THE SIDE PROPERTY LINE.
TWO, A TWO FOOT FIVE INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE WITH A ONE FOOT EIGHT INCH OVERHANG TO BE TWO FOOT SEVEN INCHES FROM THE SIDE PROPERTY LINE.
A TWO FOOT VARIANCE FROM THE FIVE FOOT MINIMUM REAR SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE WITH A ONE FOOT FIVE INCH OVERHANG TO BE THREE FEET FROM THE REAR PROPERTY.
A VARIANCE FROM THE PERMITTED FENCE MATERIALS TO ALLOW A CORRUGATED METAL FENCE ALONG THE SIDE.
A SIX FOOT VARIANCE FROM THE MAXIMUM SIX FOOT FENCE HEIGHT REQUIREMENT TO ALLOW A 12 FOOT SOLID SCREEN FENCE IN THE REAR YARD.
A TWO FOOT NINE INCH VARIANCE FROM THE MAXIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE 12 FOOT THREE INCHES FROM THE FRONT DRIVEWAY CURB.
AND SEVEN, A VARIANCE FROM THE MAXIMUM 50% IMPERVIOUS COVER REQUIREMENT TO ALLOW THE FRONT YARD TO EXCEED 50% IMPERVIOUS COVERAGE.
THE CURRENT ZONING IS RM FOUR.
THE SUBJECT PROPERTIES LOCATED ALONG SOUTH MISS SKI STREET NEAR DELAWARE STREET ON THE INNER EAST SIDE OF SAN ANTONIO.
THE APPLICANT WAS IN THE PROCESS OF CONSTRUCTING A DETACHED CARPORT WHEN CITED BY CODE ENFORCEMENT FOR BUILDING WITHOUT A PERMIT IN ITS CURRENT LOCATION.
THE CARPORT MEASURED TO BE ONE INCH FROM THE SIDE PROPERTY LINE WITH OVERHANG INCLUDED.
CARPORTS ARE REQUIRED TO MAINTAIN A MINIMUM OF FIVE FEET AND MUST OBTAIN A VARIANCE OF CONSTRUCTED CLOSER.
UM, UPON SITE VISITS, STAFF OBSERVED OTHER VARIANCES THAT NEEDED TO BE ADDRESSED, THOSE OF WHICH INCLUDE TWO ACCESSORY STRUCTURES IMPOSING INTO THE SIDE AND REAR SETBACKS, MEASURING ONE FOOT EIGHT INCHES FROM THE SIDE PROPERTY LINE AND THREE FEET FROM THE REAR PROPERTY LINE.
THE MINIMUM DISTANCE REQUIRED IS FIVE FEET.
UM, ADDITIONALLY, A STAFF OBSERVED A 12 FOOT SOLID SCREEN FENCE CONSTRUCTED OF A PROHIBITED FENCE MATERIAL CORRUGATED METAL SITUATED IN THE REAR YARD.
REAR YARD FENCES ARE ALLOWED A MAXIMUM HEIGHT OF SIX FEET AND MUST BE CONSTRUCTED FROM THE ALLOWABLE FENCE MATERIALS.
FURTHERMORE, STAFF OBSERVED A FRONT YARD, PREDOMINANTLY OPEN FENCE IMPEDING INTO THE CLEAR VISION AREA.
STAFF MEASURED AN AREA OF, UM, 12 FOOT THREE INCHES FROM THE FRONT DRIVEWAY CURB.