[00:00:02]
IT IS ONE OH ONE, AND WE'RE GONNA CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS TO ORDER.
IF WE HAVE THE SPANISH TRANSLATOR COME OUT, PLEASE.
STAFF, IF YOU COULD PLEASE CALL.
UH, THE FIRST, UH, THING THAT WE'RE GONNA DO TODAY, UH, SWEAR IN ONE OF OUR NEW MEMBERS.
SO IF YOU COULD PLEASE RAISE YOUR RIGHT HAND, UH, AND REPEAT IT AFTER ME.
DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF ZONING BOARD OF ADJUSTMENT THAT I WILL FAITHFULLY, THAT I WILL FAITHFULLY EXECUTE THE, THAT I WILL FAITHFULLY EXECUTE.
WHERE IS IT? AT THE DUTIES OF THE OFFICE OF ZONING, BOARD OF ADJUSTMENTS COMMISSIONER.
AND WILL THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND TO THE BEST OF MY ABILITY, PRESERVE AND PROTECT AND DEFEND THE CONSTITUTION AND LAWS, AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES.
OF THE UNITED STATES, AND OF THE STATE.
SO HELP ME, GOD AND OF THE STATE.
SO IF EVERYBODY COULD PLEASE, UH, UH, STAND AND JOIN ME.
IN THE PLEDGE, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS.
ONE NATION UNDERGONE INVISIBLE WITH LIBERTY AND JUSTICE.
I PLEDGE ALLEGIANCE TO ONE STATE UNDER GOD, ONE AND INDIVISIBLE.
[ Briefing and Possible Action on the following items ]
PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY A NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS.
FOLLOWING THE CONCLUSION 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 ANNOUNCEMENTS TO ME AS THE CHAIR, AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY.
STAFF COMMENTED 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 RELIEF 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 THE 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 TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF 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 THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMME RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT IN EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION.
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 WILL 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 RELIEF LAW ATRESS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS 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 BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS
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OF YOUR CASE STAFF.UH, STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION.
AND THE REQUEST PRIOR TO PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE FOR SPECIAL EXEMPTION OR APPEAL 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.
ANY OTHER QUESTIONS ABOUT A BOARD THE APPLICANT WILL PRESENT THEIR REQUEST FOR WITHOUT THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARYING SPECIAL EXEMPTION OR APPEAL.
YOU'LL BE CALLED ON IN ORDER THAT YOU SIGN UP TO SPEAK.
THOSE IN SUPPORT IN OPPOSITION WILL BE ALLOWED MAXIMUM THREE MINUTES TO SPEAK AND YOU'LL NOT BE OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION.
FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO A SPEAKER.
THE SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO SPEAKERS, TWO PEOPLES GIVING UP THEIR TIME FOR A TOTAL OF NINE MINUTES.
THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED UP TO SPEAK.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
UM, ALSO A QUICK REMINDER TURN OFF, UH, PLEASE SILENCE YOUR CELL PHONES.
AND MR. OR MS. SALVADOR GARCIA, YOU PRESENT CASE, ARE YOU HERE FOR? I'LL GO WITH THEM.
I'LL GO WITH THEM ON THE SIDE.
SO, UH, ITEMS NUMBER ONE AND THREE HAVE REQUESTED A CONTINUANCE, UH, TO COMMUNICATE WITH THE NEIGHBOR ASSOCIATION AND ALSO DUE TO AVAILABILITY.
THIS, ARE WE TALKING ABOUT AUGUST 21ST AS A SUGGESTED DATE? SEPTEMBER 11TH.
SO WE'RE GONNA DO THIS A LITTLE DIFFERENTLY.
UM, TODAY I'M GONNA MAKE A MOTION TO CONTINUE BO O A, UH, AGENDA ITEM ONE AND THREE, WHICH IS BO O A DASH 23 DASH OH 3 1 64, AND BO O A DASH 23 103 75, UH, TO SEPTEMBER 11TH.
SECOND BY COMMISSIONER ARMANA.
AND, UH, LET'S HAVE A ROLL CALL.
MR. ORIAN AND I ALSO VOTE? YES.
UH, BEFORE WE MOVE ON, WAS THERE ANY CITIZENS OR ANY VOICEMAILS THAT NEEDED TO BE, UH, HEARD ON ITEMS ONE THREE? THERE WAS A VOICEMAIL FOR ITEM NUMBER, UM, ONE AND ONE PUBLIC SPEAKER, I BELIEVE.
ACTUALLY, NO, NO PUBLIC SPEAKERS.
WELL, LET'S HEAR THE VOICEMAIL BEFORE WE MOVE ON TO ITEM TWO.
I AM CALLING TO LEAVE A MESSAGE, UM, IN REGARDS OF, UH, CASE B O A 23 1 0 3 0 0 1 6 4 FOR, UM, ONE 15 MILTON STREET.
UM, THEY'RE REQUESTING A VARIANCE, UM, FROM THE, UH, 15 FOOT N CD CURB CUTS.
UM, UH, WELL, THEY HAVE LIKE FOUR VARIANCES.
UM, I'M, I'M CALLING TO OPPOSE THESE REQUESTS.
UM, I, I'M A, I LIVE IN THE NEIGHBORHOOD.
I'M NOT, UM, UH, LIKE IMMEDIATELY CLOSE TO THIS PROPERTY, BUT I DO WALK BY THE PROPERTY OFTEN.
AND, UM, I'M OPPOSED TO THIS REQUEST FOR A COUPLE OF REASONS.
UM, ONE, IT'S A ROUTE THAT, UM, STUDENTS TAKE TO THE SCHOOL.
AND, UM, BY GRANTING THE, THESE VARIANCES FOR THE CURB CUTS WHERE, UM, THE, THE CARS WOULD IN ESSENCE BE LIKE PARKED IN THE, WHAT WOULD BE THE FRONT YARD AREA? UM, IT, IT WOULD BLOCK THE SIDEWALK BECAUSE IF YOU, UH, GO TO THE GO TO THE PROPERTY, UM, THERE'S NOT ENOUGH ROOM FOR, UH, VEHICLES TO PARK IN.
WHAT IS THE, THE PARKING AREA? UM, SO THAT'S UNSAFE FOR PEDESTRIANS.
UM, AS THE CONSTRUCTION HAS BEEN GOING ON, WE'VE BEEN HAVING TO WALK IN THE STREET ALREADY, UM, WHICH IS UNSAFE.
AND, UM, I JUST DON'T THINK THAT, UH, THAT THAT IS SAFE, ESPECIALLY FOR CHILDREN WHO ARE WALKING TO SCHOOL.
ANOTHER REASON, UM, I'M OPPOSED TO THIS VARIANCE REQUEST IS BECAUSE A LOT OF THE WORK LOOKS LIKE IT HAS ALREADY BEEN DONE.
SO I AM CONFUSED AS TO WHY, UM, WHY THIS WORK WAS ALLOWED TO BE DONE IN THE FIRST PLACE BECAUSE, UM, A LOT OF THE CONCRETE HAS, OR LIKE THE PROCESS HAS ALREADY BEEN STARTED, THE BUILD HAS ALREADY
[00:10:01]
MOSTLY FINISHED.UM, IF THE PRECEDENT FOR, UM, ALLOWING PEOPLE TO DEVELOP IN THEIR NEIGHBORHOOD IS THAT THEY ASK FOR FORGIVENESS AND REQUEST FOR THESE VARIANCES AFTER MOST OF THE WORK HAS BEEN DONE.
LIKE WHAT? IT, UM, IT REALLY LEAVES NO RECOURSE.
AND THE, THE POINT OF, UM, US HAVING SUSTAINABLE N C D GUIDELINES AND DEVELOPMENT GUIDELINES, UM, IT REALLY LIKE GIVES THE NEIGHBORS NO, NO SAY IN, UM, WHAT'S, HOW, HOW DEVELOPMENT OCCURS IN THEIR NEIGHBORHOOD.
SO I AM OPPOSED TO THESE VARIANCE REQUESTS.
UM, AND I HOPE THAT THE CITY DOES SOMETHING, UM, UH, ABOUT THAT.
SO WE CAN NOW HEAR, UH, ITEM TWO.
ITEM NUMBER TWO IS BO O A DASH TWO THREE DASH 1 0 3 0 0 1 4 2.
UH, ADDRESS IS 3 0 6 EAST NOTTINGHAM DRIVE IN CITY COUNCIL DISTRICT 10.
APPLICANT IS JAMES WIND AND THE REQUEST IS FOR A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED GARAGE TO BE TWO FEET FROM THE SIDE PROPERTY LINE.
AND THE CURRENT ZONING IS N P EIGHT NEIGHBORHOOD PRESERVATION DISTRICT.
THE SUBJECT PROPERTY IS LOCATED ALONG NOTTINGHAM DRIVE, NEAR NACODOCHES ROAD.
UH, PRIOR TO CONSTRUCTION, THE APPLICANT IS SEEKING A VARIANCE FOR THE REDUCTION OF THE SIDE SETBACK.
UH, THE APPLICANT IS ANTICIPATING REPLACING AN EXISTING NON-CONFORMING ACCESSORY STRUCTURE AS THE FOUNDATION IS BECOMING IN DISREPAIR.
THE NEW DETACHED GARAGE WILL BE LOCATED TWO FEET FROM THE SIDE PROPERTY LINE.
UM, ACCESSORY STRUCTURES ARE REQUIRED TO BE SET BACK FIVE FEET FROM THE SIDE AND UPON SITE VISIT.
STAFF OBSERVED OTHER ACCESSORY STRUCTURES IN THE IMMEDIATE AREA.
AND THIS IS THE SITE PLAN AND THIS IS THE SUBJECT PROPERTY.
AND THIS IS THE LOCATION OF THE EXISTING GARAGE.
AND THIS IS THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS APPROVAL AND BO O A DASH 23 DASH 0 3 0 1 42 BASED ON THE FOLLOWING.
UH, ONE, THE APPLICANT IS REPLACING AN EXISTING NON-CONFORMING STRUCTURE, WHICH WILL BE FURTHER FROM THE SIDE PROPERTY LAND THAN THE CURRENT ONE.
AND TWO WA UH, WATER RUNOFF WERE NON IMPOSED AND RISK OF FIRE SPREAD IS MITIGATED.
AND THIS IS THE NOTIFICATION PLAN.
STAFF MAIL 20 NOTICES, UH, ONE RETURN IN FAVOR, ZERO IN OPPOSITION.
AND THE OAK PARK NORTHWOOD NEIGHBORHOOD ASSOCIATION ARE IN FAVOR OF THE REQUEST.
AND THIS IS THE NEIGHBORHOOD ASSOCIATION RESPONSE.
AND THEN THIS IS, UH, THE PUBLIC RESPONSE THAT I RECEIVED FROM THE IMMEDIATE NEIGHBOR, AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
MY TURN? YES, IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE.
GOOD AFTERNOON, LADIES AND GENTLEMEN.
I LIVE AT 3 0 6 EAST NOTTINGHAM DRIVE.
UH, SO, UH, THE HOME ITSELF WAS BUILT IN 1947.
UH, THE CURRENT STRUCTURE, THE GARAGE THAT WE HAVE ON SITE, UH, I DON'T THINK IT WAS BUILT WITH FOOTINGS BASED ON THE FACT THAT THERE'S A CRACK RUNNING DOWN THE CENTER OF THE GARAGE.
UM, SO WE'RE LOOKING TO TEAR IT DOWN, OBVIOUSLY, 'CAUSE IT'S BECOMING UNSAFE.
AND AC ACTUALLY WITH THERE'S DRY WEATHER, WE'RE STARTING TO SEE THAT CRACK EXPAND AND IT APPEARS TO BE SINKING MORE BECAUSE THE LACK OF FOOTERS.
SO, UH, THAT'S A PRIMARY REASON FOR IT.
UM, THE ISSUE, UH, WITH THE, UH, FIVE FOOT SIDE SETBACK IS BECAUSE OF THE, HOW NARROW IT IS ALONG THE SIDE OF OUR HOUSE.
IF, IF YOU COULD KIND OF GO TO THAT ONE PICTURE RIGHT HERE, SO YOU COULD SEE IF YOU COME BACK, ONE THING ADJUSTED RIGHT THERE WHERE THE DRIVEWAY IS, THE, THE WIDTH IS ONLY ABOUT 10 FEET WIDE.
AND THEN THERE'S ACTUALLY, YOU CAN SEE WHERE THE, THE, UM, UH, OUR, UH, CHIMNEY SORT OF, IT PROTRUDES OUT A LITTLE BIT.
SO THIS IS WHEN I'M BACKING MY TRUCK DOWN, I ONLY HAVE ABOUT FOUR INCHES ON EITHER SIDE OF THE VEHICLE.
SO IT ALREADY MAKES FOR A VERY NARROW PATHWAY.
UH, SO THEN TO GET BACK TO THE GARAGE AND THEN INTO THE GARAGE, IF WE WERE TO, IF WE WERE TO SHIFT THE, UH, CURRENT STRUCTURE OVER AN ADDITIONAL THREE FEET MORE, IT CURRENTLY LOCATES, THEN IT, IT'S GONNA PREVENT US.
AND THE REASON THAT IS BECAUSE WHAT YOU CAN'T REALLY SEE HERE IN THIS PHOTO IS AT SOME POINT PREVIOUS OWNERS HAD IT ADDED A, UH, A PRIMARY BEDROOM, AN ADDITIONAL PRIMARY BEDROOM THAT EXTENDS.
YOU CAN KIND OF SEE THE CORNER OF IT RIGHT THERE.
UH, ON THE FAR LEFT IT EXTENDS ALL THE WAY BACK, RIGHT? SO BY SHIFTING THE GARAGE OVER, IT'S GONNA NARROW THE OPENING OF THE GARAGE ITSELF, WHICH WOULD MAKE IT VERY DIFFICULT TO BE ABLE TO INGRESS AND EGRESS FROM THE GARAGE.
SO THAT'S, THAT'S THE PRIMARY REASON WHY WE WANTED TO REDUCE THAT.
AS WELL AS OBVIOUSLY THE LIMIT.
SINCE WE ARE GONNA EXPAND THE WIDTH OF THE STRUCTURE ITSELF, WE'RE GONNA WIDEN THE GARAGE BY ABOUT EIGHT TO 10 FEET.
WE ALSO DON'T WANT TO HAVE IT PROTRUDE TOO FAR OUT INTO THE WHAT, THE EXISTING, UH, UH, BACKYARD.
UH, WE'RE GONNA SEE IF THERE'S, UH, UH, ANY, UH, QUESTIONS FROM THE COMMISSION FOR YOU.
UH, ANY, UH, COMMISSIONER QUESTIONS? SO COMMISSIONER ZUNIGA? YES.
[00:15:01]
FOOTPRINT? YOU'RE NOT GONNA USE THE SAME NOW, THE SAME FOOTPRINT? NO, SIR.THE PLAN IS TO, TO DEMOLISH EVERYTHING, INCLUDING THE, UH, INCLUDING THE, UH, UH, EXISTING, UH, SLAB AND THEN START FROM SCRATCH.
COMMISSIONER MANCHACA AND COMMISSIONER MANNA? UH, SIR, WHEN DID YOU SAY THIS HOUSE WAS BUILT? UH, IT WAS 1947, SIR.
SO YOU HAD AT THE FRONT TURNAROUND? UH, YES, SIR.
WAS THE FRONT TURNAROUND PART OF ISSUE WITH A PREVIOUS COVER? IS THERE A PERMIT FOR THIS? THERE WAS A PERMIT AND IT WAS ISSUED, UM, IN GIMME ONE SECOND.
UH, AND IT WAS REVIEWED BY TRAFFIC AND ZONING AND IS UNDER THE 50% IMPERVIOUS COVERAGE COMMISSIONER MAMMOTH.
SO, SO IF I HEARD RIGHT, YOU SAID THAT YOU'RE GOING TO BE, UM, EXPANDING THE GARAGE, AND SO I'M ASSUMING THAT YOU AREN'T MOVING CLOSER TO THE FENCE, BUT YOU'RE MOVING, YOU'RE, YOU'RE EXPANDING TOWARDS THE OTHER DIRECTION? YES, SIR.
TOWARDS THE CENTER OF THE YARD.
UM, AND SO ONE OF THE QUESTIONS WE LIKE TO, OR I LIKE TO ASK IS REGARDS TO THE SLOPE OF THE ROOF ARE RIGHT HERE.
IT SHOWS THAT YOU HAVE A PITCH DOWN THE CENTER AND, AND GOING BOTH WAYS, OR YOU CAN FOLLOW THAT SAME PITCH FOR YOUR, FOR THE NEW ROOF? YES, SIR.
UM, SO, SO THE THREE FOOT DISTANCE THAT WAS TALKED ABOUT, OR THE TWO FOOT DISTANCE THAT WAS TALKED ABOUT, IS THAT THE DISTANCE FROM THE WALL TO THE, UM, UM, TO THE FENCE ITSELF, OR FROM THE PITCH OF THE ROOF TO THE WALL ITSELF? THE PITCH OF THE ROOF, SIR.
SO IT'D BE A THREE FOOT VARIANCE FROM THE EDGE OF THE, UH, BUILDING ITSELF TO THE FENCE LINE.
YOU CAN KIND OF SEE IN THE PHOTO HERE WHERE THE FENCE IS LOCATED, HOW, HOW MUCH WIDTH THERE IS.
AND THERE WAS AN EXISTING WALKWAY FROM, I GUESS, WHEN THE HOME WAS BUILT, AND IT'S ONLY ABOUT TWO FOOT, TWO FEET WIDE.
WE'RE TALKING ABOUT EXTENDING IT ANOTHER FOOT OUT, BUT WITH THE OVERHANG IT'LL BE TWO FEET FROM THE EDGE OF THE, THE EDGE OF THE PROPERTY LINE, SIR.
SO ONE OF THE THINGS THAT I ALWAYS LIKE TO LOOK AT IS WATER RUNOFF.
AND SO ONE OF THE QUESTIONS IS, YOU KNOW, I GUESS WHICH WAY DOES THE PROPERTY SLOPE? AND THEN, YOU KNOW, ARE THERE OPPORTUNITIES MAYBE FOR PUTTING IN GUTTERS THERE TO ENSURE THAT YOU AREN'T GOING TO FLOOD YOUR NEIGHBOR'S PROPERTY? YES, SIR.
IT, IT ACTUALLY, IT DOES SLOPE TOWARDS THE ALLEYWAY AND THERE'S, THERE'S AN ALLEYWAY BEHIND THE HOUSE.
SO EVERY, ALL THE WATER, WHEN IT DOES RAIN, RAIN, IT DOES SLOPE TOWARDS THAT.
YOU CAN ACTUALLY SEE THE CRACK AND YOU CAN SEE SORT OF RIGHT THERE IN THE FRONT OF THE GARAGE HOW IT, THE WATER ESSENTIALLY HITS AND THEN COMES AROUND THE GARAGE WHEN IT DOES RAIN.
UM, BUT GUTTERS WOULDN'T BE A PROBLEM, SIR, OBVIOUSLY.
'CAUSE WE'RE GONNA START FROM SCRATCH WITH THE, UH, WITH THE CONSTRUCTION.
SO IT WOULD BE NEW ROOF AND NEW CONSTRUCTION.
WELL, WE CAN'T, WE CAN'T SET CONDITIONS, BUT IF YOU WOULD LIKE TO AMEND YOUR APPLICATION SUCH THAT IT WOULD INCLUDE GUTTERS THAT MIGHT, UH, YOU KNOW, GIVE YOU, GIVE SOME, UH, HAPPINESS TO SOME OF THE COMMISSIONERS.
AND IF YOU'D LIKE TO DO THAT, IT'S UP TO YOU.
YOU ACTUALLY HAVE TO MAKE A, OH, IF YOU WANT TO, YOU YES, NO, I'LL, I'LL, I'LL ADD THE GUTTERS.
I MEAN, I DON'T WANT TO OBVIOUSLY CREATE RUTS.
I MEAN, GUTTER'S ALWAYS A NICE THING THAT HELPS PREVENT A LOT OF MUD AND OTHER THINGS FROM OCCURRING AS WELL, AND THAT OBVIOUSLY HELPS WITH WATER ON OFF.
SO THE, SO AT THE, AT THE PODIUM YOU'RE AMENDING YOUR APPLICATION, UH, TO INCLUDE GUTTERS? YES, SIR.
IS THERE ANY OTHER QUESTIONS? ANY PUBLIC COMMENTARY VOICEMAILS? NO PUBLIC COMMENT.
AND I, AND I DID SEE THAT THE NEIGHBOR ASSOCIATION WAS IN SUPPORT.
YEAH, I THOUGHT I SAW AN EMAIL ABOUT THAT EARLIER.
ALL RIGHT, WITH THAT, I'M LOOKING FOR A MOTION.
OZUNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BO A DASH 23 DASH 0 3 0 0 1 42.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED GARAGE TO BE TWO FEET FROM THE SIDE PROPERTY LINE, UH, TO INCLUDE GUTTERS SITUATED AT 3 0 6 EAST NOTTINGHAM DRIVE, APPLICANT BEING JAMES, WENDY, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY RESTRICTED SETBACKS TO PROVIDE SPACING BETWEEN PROPERTIES, THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE SETBACK TO ALLOW A DETACHED GARAGE TO BE TWO FEET FROM THE SIDE.
PROPERTY LINE STAFF FINDS THAT THIS DISTANCE IS SUITABLE AS IT WILL NOT IMPOSE ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBOR BY BEING TOO CLOSE TO THE SHARED PROPERTY LINE, UH, WATER RUNOFF WILL NOT IMPOSE, UH, DUE TO THE GUTTERS AT THE, UH, APPLICANT WILL BE, UH, CONSTRUCTING AND THE RISK OF FIRE SPREAD HAS MITIGATED.
ADDITIONALLY, THE CURRENT DETACHED GARAGE IS NON-CONFORMING.
IT HAS NOT BEEN CONTRARY TO THE PUBLIC INTEREST.
TWO, DUE TO SPECIAL CONDITIONS AND LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT, WOULD RESULT IN UNNECESSARY HARDSHIP.
THE SPECIAL CONDITION FOUND ON THE SUBJECT PROPERTY LIMITED SIDE YARD SPACE FOR EGRESS AND INGRESS, THE APPLICANT HAS REPLACED AN EXISTING DETACHED GARAGE, WHICH WAS CONSTRUCTED IN 1947 PRIOR TO THE CURRENT SETBACK REGULATIONS.
IF THE LITERAL ENFORCEMENT OF THE ORDINANCE WAS SUPPLIED, THE APPLICANT WOULD NEED TO ABIDE BY THE MINIMUM FIVE FOOT SETBACK REQUIREMENT.
THIS WOULD RESULT IN UN, UN, UN, UH, UNACCESSIBLE HARDSHIP AS THE BUILDING ACCESS WOULD BE LIMITED IN REAR YARD SPACE WOULD BE REDUCED.
[00:20:01]
UH, THREE BY GRANTED THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THOSE THAN THE EXACT LETTER OF THE LAW.
IN THIS CASE, THE INTENTION IS FOR THE SUFFICIENT SPACING BETWEEN STRUCTURES AND PROPERTY LINES.
THE DETACHED GARAGE WILL BE TWO FEET FROM THE SIDE PROPERTY LINE, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE AS THE STRUCTURE WILL BE ABIDING BY ALL OTHER BUILDING REQUIREMENTS FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED.
NO OTHER USES THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIS WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALSO THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
IF GRANTED, THE DETACHED GARAGE WILL MAINTAIN TWO FEET FROM THE SIDE PROPERTY LINE, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE REPLACEMENT, THE, UH, REPLACEMENT OF THE DETACHED GARAGE THAT CURRENTLY IS NON-CONFORMING AND IS CLOSE TO THE SIDE PROPERTY LINE THAN THE NEWLY ANTICIPATED STRUCTURE.
THE REQUEST WILL NOT INJURE ADJACENT PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THIS DISTRICT.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT WHERE THE PROPERTY IS LOCATED, STAFF FINDS IS APPLIED TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS LIMITED SIDE YARDS SPACE FOR EGRESS AND INGRESS.
THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION.
SO I'M GONNA BE SUPPORTING, UH, THE MOTION, UM, GIVEN THAT THE APPLICANT, UH, AMENDED HIS MOTION TO INCLUDE, UH, THE GUTTERS.
UH, WE HAVE, UH, THE SUPPORT OF THE NEIGHBOR ASSOCIATION AND SUPPORT OF THE NEIGHBOR THAT WOULD BE MOST, UH, AFFECTED BY IT.
ADDITIONALLY, THE NEW STRUCTURE WILL BE, UH, MORE ACCOMMODATING TO THE SITE SETBACK THAN THE EXISTING CONDITION OF THE PROPERTY WITH THE GARAGE LOCATION WHERE IT IS.
SO GIVEN THOSE FACTORS, I'M SUPPORT OF THE MOTION.
COMMISSIONER CRUZ? YES, I CONCUR WITH MR. UNA AND I DON'T SEE ANY PROBLEMS WITH THIS CONSTRUCTION.
ARE THERE ANY OTHER COMMISSIONERS THAT'D LIKE TO ADD TO THE DISCUSSION? MIC CHAKA.
COMING BEFORE YOU CONSTRUCTED.
IT'S VERY WISE AND, UH, MAKING US A PRAISE OF ALL OF THIS.
ALL RIGHT, IF THERE'S NO ONE ELSE, LET'S HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
MR. ORIAN, I ALSO CONCUR WITH THE FINDINGS OF FACT.
MOTION PASSES, UH, NINE TO ZERO.
IF YOU HAVE ANY ADDITIONAL QUESTIONS YOU CAN GET WITH STAFF.
UM, NEXT ITEM IS GONNA BE ITEM NUMBER FOUR.
UH, BEFORE WE START, I WANTED TO ASK, WE HAVE NINE SITTING.
UH, ARE WE EXPECTING ANY OTHER MEMBERS? THERE'S TWO MORE COMMISSIONERS THAT'S SUPPOSED TO BE HERE.
UM, AND ONE THAT WAS SUPPOSED TO JOIN AT THREE ON WEBEX THAT WE'RE TRYING TO GET UP.
YEAH, IF YOU CAN JOIN NOW, THAT'D BE GREAT.
AGENDA ITEM FOUR, BO O 8 23 1 0 3 0 0 1 8 7.
ADDRESS IS 1601 BUENA VISTA AND 1615 BUENA VISTA STREET COUNCIL.
DISTRICT FIVE APPLICANT IS FISH POND LIVING AT BUENA VISTA LP.
A REQUEST FOR 25 PARKING SPACE VARIANCE FROM THE MINIMUM 46 PARKING SPACES TO ALLOW 21 PARKING SPACES.
ZONING IS ID Z THREE HIGH INTENSITY INFILL DEVELOPMENT ZONE, UH, WITH USES PERMITTED IN C TWO COMMERCIAL DISTRICT AND 61, UH, DWELLING UNITS.
THE SUBJECT PROPERTY IS LOCATED ALONG BON VISTA STREET, JUST WEST OF IH 35.
THE APPLICANT IS REQUESTING A 25 PARKING SPACE VARIANCE TO ALLOW 21 PARKING SPACES.
THE PROPERTY WAS RECENTLY REZONED BY ORDINANCE 20 23 0 5 1 8 0 3 5 9 DATED MAY 20, MAY 18TH, 2023 TO I D Z THREE.
HIGH INTENSITY INFIELD DEVELOPMENT ZONE DISTRICT WITH USES PERMITTED IN C TWO COMMERCIAL DISTRICT AND 61 DWELLING UNITS.
THERE ARE CURRENTLY ONLY 21 EXISTING PARKING SPACES ON SITE CURRENTLY.
THERE IS NO SPACE TO ADD ADDITIONAL PARKING SPACES ON THE SITE.
THE TRAFFIC TEAM HAS REVIEWED AND HAS NO OBJECTIONS TO THE 1 0 1 PARKING SPACES, ALTHOUGH THE TRAFFIC TEAM HAS SUGGESTED A COOPERATIVE PARKING TO GAIN MORE PARKING IF POSSIBLE.
THIS IS YOUR SITE PLAN AND THE SUBJECT PROPERTY.
AND THIS IS THE EXISTING PARKING SPACES BEHIND THE BUILDING AND THE REST OF THE, UH, EXISTING SPACES BEHIND THE BUILDING AND THEIR SURROUNDING AREA.
STAFF RECOMMENDATION FOR PARKING SPACES, STAFF RECOMMENDS APPROVAL AND B O A 23 1 0 3 0 0 1 8 7 BASED ON THE FOLLOWING FINDINGS, THE
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GRANTING OF THE VARIANCE TO ALLOW 21 PARKING SPACES DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST.AND TWO, THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
19 NOTICES WERE MAILED OUT FOR THE NOTIFICATION PLAN.
ZERO IN FAVOR, ZERO IN OPPOSITION AND HISTORIC REST SIZE RESIDENCE NEIGHBORHOOD ASSOCIATION IS IN FAVOR.
AND THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE.
UH, IZ THREE ALLOWS FOR A 50% PARKING REDUCTION.
IS A 46 MINIMUM REQUIRED? IS THAT WITH THE REDUCTION OR IS THAT WITHOUT? THAT WAS WITH, RIGHT? IT'S WITH THE REDUCTION.
THANK YOU MANNA COMMISSIONER MANNA.
UH, ONE QUESTION THAT I HAD FOR THE, THE I D Z ZONING, ARE THERE ANY RESTRICTIONS THAT CAN BE SET WITH THAT WITH REGARDS TO ITS FUTURE USE? IS, OR IS IT JUST I D Z AND WHATEVER CAN FLOAT INTO AN I D Z? UH, IS PERMITTED? IT'S WITH THE USES, UH, PERMITTED IN THE ORDINANCE.
UM, I BELIEVE IT'S, UH, 65 DWELLING UNITS.
UM, I CAN CLARIFY THAT HERE IN A SECOND THOUGH.
I'M SURE THE APPLICANT COULD ALSO ENLIGHTEN THIS C TWO AND 61 DWELLING UNITS.
CRUZ, GOOD AFTERNOON COMMISSIONERS.
EMILY WEISLER WITH KILLING GRIFFIN AND FAIRMAN 1 0 1 0 1 REUNION PLACE, SUITE TWO 50.
UM, STAFF IS UPLOADING OUR PRESENTATION.
UH, REAL QUICK, IF WE CAN START WITH SLIDE TWO.
UM, SO YES, THIS PROPERTY IS JUST OVER SEVEN TENTHS OF AN ACRE.
UH, THIS IS HOME TO THE PROSPECT HILL APARTMENTS.
UH, THESE APARTMENTS HAVE BEEN IN EXISTENCE SINCE 1985.
UM, BUT THIS IS A HISTORICALLY SIGNIFICANT PROPERTY.
UM, AND I'LL GET INTO THAT, THAT AS JUST, WELL, SO THIS IS, IT'S TWO ADDRESSES.
1601 IS THE HOME OF THE PROSPECT HILL MISSIONARY BAPTIST CHURCH THAT WAS ESTABLISHED IN 1911, UM, BEFORE IT WAS RENOVATED AND RESTORED AND CONVERTED TO SENIOR AFFORDABLE HOUSING.
UM, AND THEN AT 1615 IS AN EXISTING TRIPLEX THAT WAS BUILT IN 1930.
SO THAT IS THE COLLECTIVE 61 UNITS THAT EXIST ON THE PROPERTY TODAY.
SO, UH, COMMISSIONER MANANA TO ANSWER YOUR QUESTION, SO THIS PROPERTY WAS REZONED IN MAY TO I D Z THREE FOR 61 DWELLING UNITS AND USES PERMITTED IN C TWO.
THAT C TWO ALLOWS FOR, UM, THE COMMUNITY RECREATION FACILITIES.
SO THIS IS A LOW INCOME HOUSING PROJECT.
UM, THIS IS FOR QUALIFYING SENIORS.
UM, AND IT HAS BEEN THAT WAY SINCE 1985.
UM, SO THAT IS WHAT THE SITE PLAN AND THE USE IN THE ZONING IS RESTRICTED TO.
IT WAS PART OF THE ORIGINAL 36 SQUARE MILES.
ITS FIRST ZONING WAS F WHICH IS LOCAL RETAIL.
UM, NONE OF WHICH ALLOWS FOR THE CURRENT COMPLIANCE FOR THE 61 UNITS.
UM, AND THAT'S, UH, SUPPORTIVE COMMUNITY USE THERE.
SO IT WAS REZONED IN MAY TO BRING THE PROPERTY ZONING INTO FULL COMPLIANCE.
UM, AGAIN, THIS IS THE SITE PLAN.
YOU CAN SEE THE EXISTING FOOTPRINT SETBACKS, THE EXISTING PARKING SPACES.
THERE ARE 14 ALONG THE NORTHERN REAR SIDE OF THE PROPERTY.
UM, AND THEN THERE ARE SEVEN KIND OF BETWEEN THE TWO EXISTING STRUCTURES.
THIS SITE PLAN WAS BASED ON, UM, THE ORIGINAL FOOTPRINT.
UH, THIS IS THE SAME FOOTPRINT THAT WAS USED IN THE 1980S NATIONAL HISTORIC REGISTER, UM, APPLICATION FOR THIS PROPERTY WHEN IT WAS GOING THROUGH HISTORIC, EXCUSE ME, HISTORIC PRESERVATION.
AGAIN, TRIPLEX EXISTED IN 1930.
THIS STRUCTURE WAS BUILT IN
UM, AND THOSE 21 PARKING SPACES IS ALL IT'S EVER BEEN.
UM, AND PRIOR TO THE USE AS AFFORDABLE HOUSING FOR SENIORS, IT WAS A FULL FUNCTIONING PROSPECT HILL MISSIONARY BAPTIST CHURCH.
SO IT ACCOMMODATED THEIR CONGREGATION, UM, UNTIL 1985.
THIS PROPERTY IS SITUATED AT THE CORNER OF BUENA VISTAS AND SAN JACINTO.
YOU CAN SEE THE REAR PARKING TO THE BACK.
UH, THIS IS JUST TO GIVE YOU A LITTLE BIT BETTER.
SO WE ARE SOUTH OF WEST COMMERCE.
WE ARE WEST OF ALZA CREEK, UM, AND KIND OF SURROUNDED BY A LOT OF DEVELOPMENT.
THIS PROPERTY IS COMPLETELY LANDLOCKED.
THERE IS NO ROOM TO ADD ADDITIONAL PARKING.
THIS IS A LITTLE BIT MORE ZOOMED IN.
YOU CAN SEE THE EXISTING FOOTPRINTS OF WHAT'S SURROUNDING IT.
UM, THERE IS, UH, STUDIOS, CHURCHES, UH, BUSINESSES, HOMES, UM, ALL AROUND THIS.
BUT WE ARE LANDLOCKED HERE ON THIS PROPERTY.
AND TO OUR NORTH, IMMEDIATELY THERE IS AN EXISTING ALLEYWAY THAT CONNECTS BETWEEN SOUTH PINTO AND SAN JACINTO JACINTO.
SO, JUST REAL QUICK AGAIN, UM, PROSPECT HILL MISSIONARY BAPTIST CHURCH BUILT IN 1911.
UM, THIS IS THE SECOND OLDEST PERMANENT BAPTIST STRUCTURE IN SAN ANTONIO.
UM, THERE WAS A SERIES OF FIRES IN THE EARLY SEVENTIES, UH, TO EARLY EIGHTIES.
UM, AND IN 1980, O H P APPROVED THE ABILITY
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TO RESTORE, UM, WHICH RESULTED IN A FULL GUTTING OF THE INTERIOR FULL RESTORATION OF THE EXTERIOR.AND THAT IS WHEN IT TRANSITIONED TO AFFORDABLE SENIOR HOUSING.
AND IT HAS BEEN THAT WAY SINCE 1985.
SO AGAIN, JUST ANOTHER VIEW FROM SAN JACINTO.
YOU CAN SEE THE EXISTING PARKING NEXT SLIDE.
THERE ARE CURRENTLY 21 SPACES.
THAT'S ALL THERE EVER WAS AND NEVER CAN BE.
THERE IS NO ADDITIONAL ROOM TO ADD PARKING ON THIS PROPERTY.
THIS, AGAIN, IS A SENIOR AFFORDABLE HOUSING DEVELOPMENT.
UM, IT HAS BEEN THAT WAY SINCE 1985.
UM, AND THE RESIDENTS OF PROSPECT HILL DO NOT OWN AND OR REGULARLY OPERATE A MOTOR VEHICLE.
SO THE NEED FOR OFF STREET PARKING, WHICH IS TO REDUCE ON-STREET PARKING, UM, IS VERY, VERY LIMITED HERE.
THIS, THESE 21 SPACES HAVE BEEN SUFFICIENT FOR THE COMMUNITY FOR THIS USE, UH, FOR ALMOST FOUR, FOUR DECADES.
UM, THERE ARE MULTIPLE TRANSIT STOPS NEARBY, AND I'LL SHOW YOU A MAP OF THOSE IN JUST A SECOND.
AS WELL AS, UH, PEDESTRIAN BIKE LANES HAVE JUST BEEN ADDED TO BUENA VISTA.
SO A LOT OF MULTIMODAL TRANSPORTATION OPTIONS.
UM, NOT A TON OF, UH, SENIORS LIVING IN THIS FACILITY ARE RIDING BIKES, BUT FOR THOSE THAT DO, THERE IS THAT OPTION FAMILIES VISITING.
UM, BUT THERE ARE A LOT OF TRANSPORTATION OPTIONS.
UM, BUT ONCE AGAIN, THIS PROPERTY IS NOT, AND THE USE AND THE FUNCTION OF THE RESIDENCE IS NOT RELIANT ON VEHICLE PARKING HERE ON SITE.
UM, THE HISTORIC WEST SIDE RESIDENCE ASSOCIATION WAS IN FULL SUPPORT OF THE REZONING EFFORT.
THEY'RE ALSO IN SUPPORT OF THE PARKING VARIANCE.
ACTUALLY, WHEN WE WERE GOING THROUGH THE REZONING PROCESS, ONE OF THEIR REQUESTS WAS THAT WE WERE NOT ADDING PARKING.
WE WERE NOT DEMOLISHING STRUCTURES.
WE WERE NOT PURSUING DEMOLITION OF STRUCTURES, THAT THERE WAS GOING TO BE A CONTINUATION AND MAINTENANCE OF THE EXISTING FOOTPRINT, THE EXISTING FUNCTION OF THIS SITE, UM, AS WELL AS MOST IMPORTANTLY FOR THEM, THE EXISTING NUMBER OF DWELLING UNITS WITHOUT APPROVAL OF THIS PARKING VARIANCE, THE ONLY LOGICAL RESULT WOULD BE REDUCTION OF THOSE UNITS.
AND THAT IS LOSS OF HOUSING FOR THOSE SENIORS, UM, THAT HAVE RELIED ON THIS FOR, FOR DECADES NOW, NEXT SLIDE.
UM, AGAIN, YOU CAN SEE THOSE EXISTING PI, UH, BIKE LANES, UM, THAT HAVE JUST BEEN ADDED ONTO BUENA VISTA.
AND THIS IS JUST AN AERIAL VIEW OF THE PROPERTY.
YOU CAN SEE THE EXISTING CHURCH TRIPLEX AND WHERE THOSE 21 PARKING SPACES EXIST.
UM, AGAIN, THIS HAS BEEN SENIOR AFFORDABLE HOUSING FOR ALMOST 40 YEARS.
UM, AND WE DO NOT HAVE ANY PHYSICAL SPACE TO ADD THOSE PARKING.
UM, AND AGAIN, THE REDUCTION, THE LOSS OF UNITS HERE, UM, IS SOMETHING THAT THE COMMUNITY HAS WORKED VERY, VERY HARD FOR A LONG TIME TO PRESERVE.
UM, AND YES, THIS HAS, UH, RECENTLY BEEN PURCHASED.
PART OF OUR DISCUSSION WITH THE COMMUNITY WAS THAT REGARDLESS OF ANY AFFORDABLE TAX CREDIT INCREMENT, UM, TAX CREDIT HOUSING AWARDS, THAT THIS WOULD REMAIN AFFORDABLE SENIOR HOUSING AT ITS CURRENT CAPACITY.
AND WE'D LIKE THE ABILITY TO CONTINUE TO UPHOLD THAT PROMISE TO KEEP THESE SENIORS HOUSED IN THIS DEVELOPMENT.
UM, SO AGAIN, NO USES AUTHORIZED HERE.
THE ZONING IS, UM, IN PLACE IDZ THREE C TWO AND THE 61 DWELLING UNITS.
UH, THE PARKING VARIANCE DOES NOT ALLOW FOR ANYTHING OTHER THAN THE 21 SPACES THAT HAVE EXISTED AND CURRENTLY EXIST.
SO AGAIN, THE 46 SPACES IS WITH THE I D Z REDUCTION, UH, TO THE PARKING VARIANCE.
UM, AND SO WE ARE REQUESTING A TOTAL PARKING VARIANCE OF 21 SPACES, EXCUSE ME, 25 TO ALLOW FOR THE 21 SPACES THAT ARE CURRENTLY ON SITE.
UM, STAFF IS RECOMMENDING APPROVAL, HISTORIC WEST SIDE RESIDENTS ASSOCIATION IS IN SUPPORT, UM, AND WILL RESPECTFULLY REQUEST YOUR SUPPORT AS WELL.
I'M HAPPY TO ANSWER ANY QUESTIONS.
UM, IN 1985, WHEN IT WAS, UH, DWELLING UNITS WERE THERE 61 BACK THEN TOO, SO IT IS, THERE'S 58 INSIDE THE PROSPECT HILL CHURCH STRUCTURE.
THERE'S 58 THERE, AND THEN THERE'S THE TRIPLEX THAT HAS EXISTED SINCE 1930.
SO THAT'S THE ADDITIONAL THREE.
SO THERE'S 58 ON SITE, THAT'S HOW, WHAT IT'S ALWAYS BEEN, AND IT LOOKS LIKE THE ALLEY IS, HAS, IS DRIVABLE.
DID, DID IT EVER COME UP LIKE POSSIBLY USING THE ALLEY TO HIT PARKING AND THEN GETTING ANOTHER ROW OF PARKING BELOW IT ACCESS? UH, NO.
AND THAT'S A PUBLIC, UH, ALLEYWAY.
SO WE, WE HAVEN'T HAD ANY OF THOSE DISCUSSIONS ABOUT WHAT THAT WOULD COST.
NOT, NOT TO PARK ON IT, BUT TO, TO GET IN THE PARKING SPACE FROM THE ALLEY AND THEN PUT ANOTHER PARKING SPACE IN FRONT OF THE ONES THAT'S ALREADY THERE THAT, BECAUSE YOUR PLAN SHOW A 50 FOOT SETBACK, SO THE BUILDING TO THE PARKING, WHICH IS ENOUGH ROOM FOR A DRIVE LANE IN A PARKING SPACE.
SO I, I DIDN'T KNOW IF THAT WAS BROUGHT UP OR LOOKED AT.
BUT THAT, UM, SETBACK IS ALSO, UM, A ON THE SITE PLAN WITH THE REZONING.
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TO THAT MAY TRIGGER ANOTHER REZONING REQUEST.NO, I WAS JUST, IT WOULD REDUCTION.
YOU WOULD JUST PUT A PARKING SPACE THERE.
AND THEN FINALLY, WITH IT BEING FOR SENIORS AND, AND PEOPLE WHO, WHO MAY OR MAY NOT DRIVE, IS THERE ENOUGH HANDICAPPED PARKING? CORRECT, YES, THERE IS.
UH, SO MY QUESTION IS JUST WHAT KIND OF TRIGGERED THE REQUEST FOR THE REZONING AND FOR THE VARIANCE? IS THAT THE CHANGE OF OWNERSHIP, UH, GOING FROM A, LIKE A CHURCH TO A NONPROFIT OR WHAT? SO IT'S WHAT TRIGGERED IT, IT'S, IT'S BEEN SEVERAL OWNERS OVER THE YEARS.
UM, AGAIN, THE, THE AFFORDABLE HOUSING USE HAS BEEN, UM, THERE SINCE 1985.
UM, BUT WITH, WITH THE NEW OWNERSHIP, THERE WAS A REVIEW OF DUE DILIGENCE ON THE SITE'S EXISTING, UM, ENTITLEMENTS.
UM, AND THE ZONING, ALTHOUGH IT'S BEEN IN EXISTENCE FOR A LONG TIME, THE C TWO ZONING, UM, TRANSITIONALLY DID NOT ALLOW FOR THOSE CURRENT USES.
SO IN ORDER TO MAINTAIN THAT CURRENT USE, WE HAD TO GO THROUGH THE REZONING PROCESS.
IT'S LIKE CLEAN UP AN AISLE THREE? CORRECT.
COMMISSIONER SPIELMAN, I SOMETIMES PARK ON BUENA VISTA AT A COFFEE SHOP TWO BLOCKS DOWN FROM THERE.
UM, ADDING THAT MULTIMODAL TRANSPORTATION, UH, OPTION IN DISTRICT FIVE, UM, AND REALLY ACROSS THE CITY.
UM, SO THERE, THERE'S NOT PARKING ON THE NORTH SIDE, BUT THERE IS PARKING ON THE SOUTH SIDE, AND THEN ON BOTH SIDES OF SAN JACINTO AND SOUTH PINTO, I BELIEVE.
FIRST QUESTION IS, UM, WITH REGARDS TO IT BEING IDENTIFIED AS HISTORICAL, UM, ON A HISTORICAL REGISTER, WHAT ARE THE RESTRICTIONS THAT COULD BE DONE TO THE BUILDING ITSELF LONG TERM? I MEAN, CAN, IT CAN'T BE RAISED, I'M ASSUMING, BECAUSE IT IS HISTORICAL STRUCTURE, SO THE ONLY THING IT CAN HAPPEN IS BASICALLY REPURPOSING WHATEVER, IT'S FROM THE INTERIOR, CORRECT? YEAH.
SO AT THIS POINT, UM, THERE, YEAH, DEMOLITION IS NOT A, A REALISTIC OPPORTUNITY, UM, TO REDUCE THE, THE FOOTPRINT OF THE EXISTING STRUCTURES.
UM, SO IT, THE ONLY OPTION TO SATISFY ADDITIONAL PARKING WOULD BE TO REDUCE THE NUMBER OF UNITS THAT WE PROVIDE ON SITE.
AND THEN THE SECOND QUESTION I HAVE IS, UM, IS THERE LIKE, UM, AN INTERNATIONAL OR, OR, OR A NATIONWIDE, UM, NUMBER FOR THE AVERAGE PARKING SPOTS REQUIRED, SAY FOR SIMILAR FACILITY? UM, YOU KNOW, WE'RE TALKING ABOUT IT BEING THE SIZE OF THE CITY'S RECOMMENDING, RECOMMENDING, BUT FOR THE SPECIFIC USE, IS THERE A, A, A KNOWN NUMBER THAT EVERYBODY ELSE WORKS WITH, YOU KNOW, AND ARE WE ALIGNED WITH THAT NUMBER? UM, I DON'T KNOW.
THAT'S A, THAT'S A GREAT QUESTION.
I DON'T KNOW IF THERE'S KIND OF A NATIONAL OR, OR EVEN STATEWIDE AVERAGE FOR THAT.
UM, IT'S, IT'S VERY SPECIFIC AND A LOT OF TIMES IT COMES INTO DIFFERENT JURISDICTIONAL ZONING REQUIREMENTS.
UM, BUT THE, THE REDUCTION WE WERE ABLE TO REDUCE AS PART OF THE I D Z REQUEST, UM, BUT THIS IS THE ONLY OTHER FUNCTION TO, TO GET IT TO THE EXISTING NUMBER.
IS THERE ANY OTHER QUESTIONS? IS THERE ANY PUBLIC COMMENTARY CITIZENS SIGN UP TO SPEAK ONE VOICEMAIL? ALL RIGHT, WELL, WE'RE GONNA HEAR A VOICEMAIL AND THEN WE'LL GO TO DELIBERATION.
HI, MY NAME IS LETICIA SANCHEZ.
MY ADDRESS IS 1710 BEDA CRUZ, ZIP CODE SEVEN EIGHT TWO OH SEVEN, AND MY PHONE NUMBER IS (210) 363-5895.
I'M CALLING ON BEHALF OF THE HISTORIC WEST SIDE RESIDENCE ASSOCIATION REGARDING CASE NUMBER BO A DASH 23 DASH 1 0 3 0 0 1 8 7.
THE PROPERTIES OF 1601 AND 1615 BUENA VISTA ARE WITHIN OUR ASSOCIATION'S BOUNDARIES, AND OUR ASSOCIATION IS IN SUPPORT OF THE APPLICANT'S REQUEST FOR A 25 PARKING SPACES VARIANCE TO ALLOW 4 21 PARKING SPACES.
WE SUPPORT THIS VARIANCE REQUEST FOR TWO REASONS.
NUMBER ONE, WE'VE MET WITH A NUMBER OF RESIDENTS OF THE SENIOR COMPLEX, AND THEY'VE STATED THERE, THERE IS NO NEED FOR ADDITIONAL PARKING SPACES.
MANY OF THEM DO NOT OWN VEHICLES AND USE PUBLIC TERRA TRANSPORTATION.
THEREFORE, ADDITIONAL PARKING SPACES WOULD NOT BE USEFUL.
THE SECOND REASON WE SUPPORT THIS VARIANCE IS THAT LARGE PARKING AREAS CONTRIBUTE TO HEAT ISLANDS
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WITHIN OUR COMMUNITY.AND AS WE WELL KNOW, OUR CLIMATE WILL CONTINUE TO RISE EVERY YEAR.
WE PREFER THAT LESS OF THE LAND ON THE PROPERTY OF 1601 AND 1615 BUENA VISA BE USED FOR PARKING SPACES.
SO IT'S NOT TO CONTRIBUTE TO HEAT ISLANDS WITHIN OUR COMMUNITY.
THEREFORE, WE ASK THAT THE B O A VOTE TO SUPPORT THIS VARIANCE FROM THE MINIMUM 46 PARKING SPACES TO ALLOW FOR 21 PARKING SPACES.
THANK YOU FOR YOUR TIME AND CONSIDERATION.
SO IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION LOOKING FOR COMMISSIONER SPIELMAN REGARDING CASE BO O A 23 1 0 3 0 0 187.
I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR 25 PARKING SPACE VARIANCE FROM A MINIMUM 46 SPACE, UH, PARKING SPACES TO ALLOW 21 PARKING SPACES SITUATED AT 4 34 ADAM STREET, A OH, APPLICANT BEING FISH POND LIVING IN BUENA VISTA, LP BECAUSE HIS TESTIMONY PRESENTED TO US.
AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE 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 THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE APPLICANT IS REQUESTING A 25 PARKING SPACES VARIANCE FROM A MINIMUM 46 PARKING SPACES TO ALLOW 21 PARKING SPACES DUE TO THE LIMITED AREA TO ADD PARKING SPACES.
THE VARIANCE REQUEST DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST TO DUE TO SPECIAL CONDITIONS.
A LITERAL ENFORCEMENT OF THE, UH, ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN HAVING TO ADD ADDITIONAL PARKING SPACES, WHICH RESULT IN AN UNNECESSARY HARDSHIP.
AS THERE ARE NO ADDITIONAL AREAS TO DO SO, WE JUST HAVE MEMBERS RECOMMENDED DENIED BY, BY GRING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE.
I'M JUST LETTING YOU KNOW, UH, THIS IS MR. VASQUEZ, AND I'M, UH, I'M, I'M IN THE MEETING.
I, I HEAR ALL THE, THE PROCEEDINGS AND THE, AND THE VIDEO IS PERFECT, AND THE SOUND IS PERFECT.
I LET THE RECORD SHOW COMMISSIONER VASQUEZ, UH, DID JOIN DURING ITEM NUMBER FOUR, THE, THERE WE GO.
NUMBER FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OR USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE OB VARIANCE IS LOCATED.
NO OTHER VARIANCE, NO OTHER NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
NUMBER FIVE, SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY TO ALTER ITS ESSENTIAL CHARACTER IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THAT THE VARIANCE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THERE IS NO ADDITIONAL SPACE TO ADD THE ADDITIONAL PARKING SPACES IN THE PROPERTY.
NUMBER SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THAT THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SIZE OF THE EXISTING BUILDING IN THE PARKING LOT AREA.
SECOND BY COMMISSIONER ZUNIGA.
DID YOU WANNA PROVIDE ANY, UH, DISCUSSION OR, YES.
I'M GONNA BE SUPPORTING THIS MOTION BECAUSE IT SEEMS AS THOUGH, UH, IF WE DON'T, IT'S GONNA BE DIFFICULT FOR THE PEOPLE THAT ARE LIVING THERE NOW, AND SINCE THEY'RE REALLY NOT NEEDING THOSE EXTRA PARKING SPACES ANYWAY, IT'S KIND OF SUPERFLUOUS.
YES, I'LL BE VOTING FOR, IT'S A SHAME OUR HISTORICAL USE OF THE BUILDING SINCE THE EIGHTIES, NINETIES, AND IT'S, IT DOES A FAVOR TO THE DISTRICT AS IT IS THERE.
ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? THE COMMISSIONER'S
[00:45:01]
ZUNA? YEAH, I TOO, I'M GONNA SUPPORT THE MOTION.UM, AS READ, IT WOULD, THIS WOULD BE CLEAR HARDSHIP IF THE APPLICANT WERE TO COMPLY WITH THE, UH, PARKING REQUIREMENTS AND NOT BEING ABLE TO PROVIDE THE NEEDED HOUSING FOR THE ELDERLY IN OUR COMMUNITY.
ANYBODY ELSE? HEARING NOW? LET'S HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
AND MR. VAZQUEZ, MR. VAZQUEZ? I CONCUR.
CAN YOU HEAR ME? GOT IT? YES, WE CAN.
UH, NOW WHAT WE'RE GONNA DO AT THIS TIME, BECAUSE WE DON'T HAVE A FULL BOARD, UH, SITTING, UH, AND WE DO HAVE THE POTENTIAL TO HAVE ONE MORE MEMBER, UH, SHOW UP.
WE'RE GONNA MOVE TO ITEM 10 AND THEN 11 AS THEY HAVE RECEIVED, UH, STAFF APPROVAL, UH, WITH, UH, LIMITED OR IF NO OPPOSITION.
SO FOR THE APPLICANT FOR ITEM NUMBER 10, IF, IF YOU'RE PRESENT, THAT'S, UH, ITEM 10 IS THE AT 1 35 WILMOTT STREET.
SO STAFF, IF WE CAN, UH, START WITH 10, PLEASE.
GIVE US ONE SECOND TO GET COMMISSIONER VAZQUEZ ON THE SCREEN.
ALSO, I AM ON THE, I AM ON THE SCREEN.
CAN YOU HEAR ME? I CAN SEE YOU GUYS.
Y YOU'RE, YOU CAN, UH, JUST STAY ONLINE.
WE'RE JUST TRYING TO GET YOU ON OUR END.
YOU CAN SEE US, BUT WE CAN'T SEE YOU QUITE YET, SO JUST GIVE US A MOMENT.
OKAY, BO OH EIGHT DASH TWO THREE DASH 1 0 3 0 0 1 98.
ADDRESS IS 1 3 5 WILMONT STREET IN THE CITY COUNCIL DISTRICT FIVE APPLICANT BEING ORA TRAVINO.
AND THE REQUEST IS FOR A 1,125 FOOT SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT LARGE SIZE REQUIREMENT TO ALLOW A DEVELOPMENT ON A 2,875 SQUARE FOOT.
LOT TO A ONE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE FOUR FEET FROM THE SIDE.
UH, THREE, A 10 FOOT VARIANCE FROM THE MINIMUM 35 FOOT LOT WIDTH REQUIREMENT TO ALLOW A LOT TO BE 25 FEET.
AND FOUR, A VARIANCE FROM THE MAXIMUM 50% IMPERVIOUS COVER TO ALLOW THE FRONT YARD TO EXCEED THE MAXIMUM 50%.
AND THE CURRENT ZONING IS R FOUR.
THE SUBJECT PROPERTY IS LOCATED ALONG WILMONT STREET, NEAR WEST COMMERCE STREET.
UH, THE APPLICANT IS PROPOSING TO CONSTRUCT A SINGLE FAMILY DWELLING ON A CURRENTLY VACANT LOT, UM, LOT, AND BUILDING REGULATIONS FOR AN R FOUR ZONE.
LOT INCLUDE A MINIMUM LOT SIZE OF 4,000 SQUARE FEET LOT WITH A 35 FEET AND FIVE FEET FROM THE SIDE PROPERTY LINES.
CURRENTLY THE APPLICANT IS PROPOSING A LOT SIZE OF 2000 800 875 SQUARE FEET, A LOT WITH A 25 FEET AND THE STRUCTURE TO BE FOUR FEET FROM BOTH SIDE PROPERTY LINES.
UM, UPON REVIEW, IT WAS NOTED THAT THE APPLICANT WOULD NEED TO OBTAIN AN ADDITIONAL VARIANCE FOR THE IMPERVIOUS COVERAGE FOR THE PLANNED DRIVEWAY.
ANY NEW DEVELOPMENT THAT EXCEEDS THE MAXIMUM 50% OF IMPERVIOUS COVERAGE MUST OBTAIN A VARIANCE.
AND THIS IS THE SITE PLAN, AND THIS IS THE SUBJECT PROPERTY AND THIS IS THE SURROUNDING AREA.
UH, STAFF RECOMMENDATION FOR THE LOT SIZE, LOT WITH SIDE SETBACK AND IMPERVIOUS COVERAGE.
UH, STAFF RECOMMENDS APPROVAL AND BO O A DASH TWO THREE DASH 1 0 3, UH, 0 0 1 9 8 BASED ON THE FOLLOWING, ONE, THE, THE DEVELOPMENT OF A SINGLE FAMILY HOME CANNOT BE SUCCESSFULLY COMPLETED WITHOUT THE GRANTING OF ALL VARIANCES.
AND, UH, TWO, THE REQUEST WOULD NOT DIRECTLY INTERFERE WITH THE NEIGHBORHOOD FABRIC AND WON'T DETRACT FROM THE CHARACTER OF THE COMMUNITY.
AND THIS IS THE NOTIFICATION PLAN.
STAFF MAILED OUT 31 NOTICES, UH, ZERO RETURN IN FAVOR, SEVEN IN OPPOSITION WITH SEVEN OUTSIDE THE 200 FEET.
AND, UH, PROSPECT HALE NEIGHBORHOOD ASSOCIATION IS IN SUPPORT OF THEIR REQUEST, AND THIS IS THE PUBLIC COMMENT FROM INSIDE THE 200 FEET.
AND THIS IS THE PUBLIC COMMENT FROM OUTSIDE THE 200 FEET.
AND, UH, THIS CONCLUDES STAFF'S PRESENTATION.
AND THE APPLICANT IS PRESENT? YES.
IS THERE ANY COMMISSIONER QUESTIONS FOR STAFF? YES, SIR.
YEAH, ZUNIGA, UH, YOU MENTIONED A ZONING.
IF WE DON'T, UH, GIVE HIM THE VARIANCE, THEN HE WOULD HAVE TO GO TO ZONING.
HE WOULD NEED TO REZONE EITHER TO I D Z OR AN R TWO.
ANY OTHER QUESTIONS FOR STAFF?
[00:50:01]
UH, HEARING NONE IS HAVE THE APPLICANT COME UP.HI, MY NAME'S, I'M THE OWNER OF THAT PROPERTY, SO I A I REQUESTED ZONING FOR R TWO AND THEY TOLD ME THAT UNFORTUNATELY THAT WOULDN'T BE AN OPTION BECAUSE IT WOULD BE A TWO STORY HOME.
SO R TWO DOES NOT PERMIT FOR TWO STORY HOMES, AND THAT'S WHAT WE OPT OPTED FOR A B O A.
THEY RE THEY TOLD ME THAT A B O A WOULD BE BETTER THAN AN R TWO REQUEST.
AND DID YOU LOOK INTO I D Z? DID THEY, DID THAT COME UP? THAT WASN'T RECOMMENDED BY STAFF, SO
THEY RECOMMENDED THE B O A, SO THAT'S HOW WE WENT WITH.
IS IT, UM, ANY OTHER INFORMATION YOU'D LIKE TO LET US KNOW ABOUT? WELL, NO, I MEAN, WE'RE JUST TRYING TO BUILD, OTHERWISE IT WOULD JUST BE AN EMPTY LOT.
WE'RE TRYING TO BUILD A SMALL HOME, UM, IN THAT PROPERTY.
IS THERE ANY, UH, QUESTIONS FROM THE COMMISSION, CRUZ COMMISSIONER CRUZ? UH, YES MA'AM.
DO YOU KNOW HOW LONG THE LOT'S BEEN EMPTY? UM, I, BECAUSE THERE WAS A HOME THERE BEFORE, CORRECT? AS FAR AS YOU KNOW, UH, I WOULDN'T, I WOULDN'T KNOW.
I BOUGHT THIS PROPERTY MAYBE, UH, THREE OR FOUR YEARS AGO AND IT'S BEEN EMPTY EVER SINCE.
BUT I THOUGHT THAT THERE USED TO BE SOMETHING THERE, BUT I CAN'T REMEMBER WHAT IT WAS BEFORE.
SO, SO ONE OF THE, UM, AS WAS BROUGHT UP EARLIER WITH REGARDS TO THE HEAT ISLANDS AND ABOUT THAT WITH REGARDS TO THE DRIVEWAY AND 50%, UH, IMPERVIOUS COVER.
SO, SO THERE ARE OTHER OPTIONS THAT ARE AVAILABLE.
AND SO ONE OF 'EM, UH, LIKE A RIBBON PARKING WHERE BASICALLY IT, IT FOLLOWS THE TRACKS OF THE TIRES THEMSELVES MM-HMM.
AND SO, SO THAT WAY THERE'S MORE GRASS OR, OR PERVIOUS, UM, YEAH.
PERVIOUS WITH REGARDS TO ALLOWING THE WATER TO SOAK IN.
SO IS, IS THAT AN OPTION FOR YOU ALL? YEAH, WE CAN DO THAT.
FOR THE FRONT, UH, WHERE THE DRIVER WOULD BE, WE CAN DEFINITELY DO THAT.
'CAUSE UM, CAN THE CITY COMMENT, YOU KNOW, IF, IF THAT WAS, UM, WE'LL SAY, UH, FOLLOWED BY THE, UH, APPLICANT THAT WE'D BE MUCH CLOSER OR ACCOMPLISH THE 50%, UM, PREVIOUS COVER? I BELIEVE IT WAS A RECOMMENDATION THAT WE HAD MADE INITIALLY TO THE APPLICANT SO THEY COULD AVOID THE 50%.
UH, ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER MINKA ALLOWING MR. MANUS QUESTION WAS THAT, I ASSUME YOU HAVE A PLAN ALREADY WHAT THE HOUSE LOOKS LIKE? MM-HMM.
SO YOU HAD PLANNED A DRIVEWAY AND THAT'S WHY I MUST CONCERNED BECAUSE YOU USED THE WORD EXCEED 50%, IT COULD GO ALL THE WAY DOWN TO 1%.
SO YOU UNDERSTOOD WHAT HE WAS SAYING IN TERMS OF YES, UHHUH,
YEAH, WE CAN DEFINITELY DO THAT.
IT'S A ONE CAR DRIVEWAY, SO WE CAN DEFINITELY ACCOMMODATE FOR JUST THE TRACKS IN THE FRONT.
UH, ANY OTHER COMMISSIONERS? UNA COMMISSIONER UNA? UH, SO ON THE MAP THAT THE CITY SHOW, THERE WERE A NUMBER OF NEIGHBORS THAT WERE IN OPPOSITION TO WHAT YOU'RE PROPOSING.
DID YOU HAVE A CHANCE TO TALK WITH THEM OR DO YOU KNOW WHAT THE GENESIS OF WHAT THEIR OPPOSITION IS TO THE NO.
SO APPARENTLY THOSE WERE SENT OUT FRIDAY NIGHT
AND SO I HAVE A QUICK QUESTION.
SO JUST TO BE CLEAR, ON THE 50% PREVIOUS COVER, IF YOU DO A RIBBON STYLE DRIVE, UH, THAT, THAT WOULD ALLEVIATE THAT ITEM ALTOGETHER, CORRECT? CORRECT.
ANY OTHER LAST, LAST MINUTE COMMENTS, QUESTIONS? NO.
WE'RE GONNA GO, GO AHEAD AND ASK FOR A MOTION AND SEE WHAT HAPPENS.
SO REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 1 9 8, I MOVED AT THE BOARD OF ADJUSTMENT GRANTOR A REQUEST FOR ONE A 1,125 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT LOT SIZE TO ALLOW DEVELOPMENT OF A 2,875, UH, SQUARE FOOT LOT TWO, A ONE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW STRUCTURE TO BE FOUR FOOT FROM THE SIDE PROPERTY LINES.
UM, AND THREE, A 10 FOOT VARIANCE FROM THE MINIMUM 35 FOOT LOT WIDTH REQUIREMENT TO ALLOW A LOT TO BE 25 FEET.
UH, LET'S SEE, UH, SITUATED AT 1 3 5 WILMONT STREET, APPLICANT BEING ULFA TREVINO, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LAW ENFORCEMENT OF THE PROVISIONS OF THE E D C AS EMITTED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THE PUBLIC INTEREST IS FINE TO THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC.
IN THIS CASE, THE PUBLIC INTEREST IS SERVED BY MINIMUM LOT SIZES AND WIDTHS TO PREVENT THE OVERCROWDING AVAILMENT IN SMALLER LOTS SETBACK REQUIREMENTS TO PROVIDE SPACE IN BETWEEN STRUCTURES, UH, THE APPLICANT IS REQUESTING A VARIANT TO DEVIATE FROM THESE MINIMUM REQUIREMENTS, WHICH ARE DEMONSTRATED TO NOT BE CONTRARY TO THE PUBLIC INTEREST.
A 1,125 SQUARE FOOT VARIANCE TO ALLOW A LOT TO BE 2,875
[00:55:01]
FEET AND A 10 FOOT VARIANCE TO ALLOW A LOT WIDTH TO BE 25 FOOT PROVIDES FOR THE DEVELOPMENT OF A VACANT LOT.UM, FURTHER, A ONE FOOT VARIANCE TO ALLOW THE FOUR FOOT SIDE SETBACK ALLOWS FOR SUITABLE SPACING, STRUCTURES AND SPACE FOR ROUTINE MAINTENANCE.
TWO, DUE TO SPECIAL CONDITIONS, THERE ARE LITTLE ENFORCEMENT, UH, UM, OF OTHER ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
UH, IN THIS CASE, THE, THE LOT DIMENSIONS OF THE SUBJECT PROPERTY ARE THE SPECIAL CONDITIONS.
PER THE BEXAR COUNTY APPRAISAL DISTRICT.
THE NARROW LOT HAS A WIDTH OF 115 FEET WIDTH OF 25 FEET, AND IS 2,875 SQUARE FEET.
THE DEVELOPMENT OF A SINGLE, SINGLE FAMILY HOME CANNOT BE SUCCESSFULLY COMPLETED WITHOUT THE GRANTING OF ALL VARIANCES.
AN UNNECESSARY HARDSHIP WILL BE PRESENTED BY HAVING THE APPLICANT ALTER CONSTRUCTION PLANS, WHICH COULD DRASTICALLY REDUCE SQUARE FOOTAGE OF THE DWELLING OR LEAD TO THE STRUCTURE POTENTIALLY IMPOSING ON THE FRONT AND REAR SETBACKS.
ANOTHER, UH, EXPEDITIONAL CONDITION OF THE AREA IS THE USE ACROSS THE STREET.
UPON SITE FIT ESTABL OBSERVED RESTAURANT DIRECTLY ACROSS THE STREET, WHICH MAY CAUSE THE TRAFFIC FROM THAT ESTABLISHMENT TO FILTER ONTO WALMART STREET.
UH, IF THE APPLICANT, UM, LET'S SEE, UM, I GUESS WE'LL BE FORCED TO PARK.
UH, THEY, WE DON'T WANNA PARK IN THE, IN THE, UH, RIGHT OF WAY.
SO, UH, WHICH WOULD LEAD TO AN UPTICK IN TRAFFIC ALONG THE LOCAL ROAD.
THREE, BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPEAR OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
IN THIS CASE, THE INTENT OF THE CODE IS TO PREVENT OVERCROWDING THE SMALLER LOTS, PROVIDE CONSISTENT PATTERNS OF DEVELOPMENT, UM, AND PREVENTION OF VEHICLES FROM INSTRUCTING THE RIGHT OF WAY, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS THE APPLICANT WILL BE ABIDING BY ALL OTHER BUILDING REQUIREMENTS.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH HIS VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED 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 HIS PROPERTY IS LOCATED.
IF GRANTED, THE STRUCTURE WILL HAVE THE DEVIATED BUILDING, UH, REQUIREMENTS.
THESE VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT.
UPON SITE VISIT STATS OBSERVED THE BLOCK FACE WAS COMPOSED OF ONE STORY, SINGLE FAMILY DWELLINGS ALL CONSTRUCTED ON SIMILAR LOT SIZES WITH REDUCED WIDTHS.
MOST OF THE HOMES IN THIS AREA WERE CONSTRUCTED PRIOR TO BUIL CURRENT BUILDING REGULATIONS.
SO THE REQUEST WILL NOT DIRECTLY INTERFERE WITH THE PUBLIC'S FABRIC AND WON'T DETRACT FROM THE CHARACTER OF THE COMMUNITY.
SIX, APPLY TO THE PROPERTY OWNER FOR WHICH THIS VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS.
AND DISTRICT, WHICH IS PROPERTY IS LOCATED.
STAFF LINES APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS LOT DIMENSIONS OF THE PROPERTY AND OF MOTION.
SECOND BY COMMISSIONER UNI, THAT COMMISSIONER MAY.
SO, SO, YOU KNOW, WE TALK ABOUT, UM, HOUSING STOCK AND I THINK, YOU KNOW, AS WE LOOK THROUGH THE COMMUNITIES, WE SEE THAT THESE TYPES OF DEVELOPMENTS ARE, UH, ARE, ARE NEEDED.
AND, AND IT LOOKS LIKE WE'RE DOING A GOOD JOB HERE WITH REGARDS TO, UH, WHAT'S GOING TO BE PLANNED.
AND I THINK, UH, SINCE THE, UH, SINCE WE HAD DISCUSSIONS WITH REGARDS TO, YOU KNOW, REDO, RE-LOOKING AT THAT DRIVEWAY, UH, AND, AND ENSURING THAT WE HAD THE, THE, UH, PREVIOUS COVER IN THE FRONT YARD, I'LL BE SUPPORTING THIS MOTION, UH, AS OMITTED COMMISSIONER ZUNIGA, IT'S READ.
ANY OTHER COMMISSIONERS LIKE TO ADD? UH, SO WE'RE, WE'RE, IT'S, IT'S AS, UH, AS READ WITH, WITH STRIKING ITEM FOUR.
ALRIGHT, SO LET'S HAVE A ROLL CALL VOTE PLEASE.
MR. MANO, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINANCES OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. DORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT.
IF YOU HAVE ANY, UH, QUESTIONS, YOU CAN, UH, GO TALK TO STAFF.
UH, THIS IS LOCATED AT 1319 FLANDERS AVENUE.
GOOD AFTERNOON, BO 8 23 1 0 3 0 0 200.
ADDRESS IS 1319 FLANDERS AVENUE COUNCIL DISTRICT FIVE APPLICANT IS SALVADOR GARCIA.
A REQUEST FOR ONE, A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE TWO FEET FROM THE SIDE PROPERTY LINE AND TWO, A SEVEN FOOT 10 INCH VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY.
CLEAR VISION TO ALLOW A SEVEN FOOT, TWO INCH DRIVEWAY CLEAR VISION AND THREE, A ONE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT PROPERTY LINE.
THE ZONING IS R FOUR RESIDENTIAL SINGLE FAMILY
[01:00:01]
CASE SUMMARY.THE SUBJECT PROPERTY IS LOCATED ON FLANDERS AVENUE LOCATED BETWEEN HURON STREET AND LEONARD STREET.
THE APPLICANT IS REQUESTING A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ATTACHED CARPORT TO BE TWO FEET FROM THE SIDE PROPERTY LINE.
THERE WAS A BUILDING WITHOUT PERMIT ISSUED BY CO COMPLIANCE FOR THE CARPORT BEING CONSTRUCTED PRIOR TO THE ISSUANCE OF A PERMIT.
THE APPLICANT IS ALSO REQUESTING A SPECIAL EXCEPTION TO A SIX FOOT, PREDOMINANTLY OPEN FENCE IN THE FRONT PROPERTY LINE.
ADDITIONALLY, THE APPLICANT IS REQUESTING A SEVEN FOOT 10 INCH VARIANCE TO ALLOW THE EXISTING FENCE TO HAVE A CLEAR VISION OF SEVEN FOOT TWO INCHES FROM THE DRIVEWAY.
THIS IS THE SITE PLAN SHOWING THE DIFFERENT VARIANCES, UH, REQUESTED AND YOUR SUBJECT PROPERTY.
THIS IS A SIDE SETBACK AND THIS IS A PICTURE SHOWING THE STRUCTURE ATTACHED TO THE MAIN STRUCTURE AND YOUR CLEAR VISION AND THE FENCE HEIGHT.
AND, UH, THIS IS YOUR SURROUNDING AREA.
SURROUNDING AREA STAFF RECOMMENDATION, CARPORT, SIDE SETBACK, AND CLEAR VISION VARIANCE.
STAFF RECOMMENDS APPROVAL M B O 8 23 1 0 3 0 0 200 BASED ON THE FOLLOWING FINDINGS.
THE PREDOMINANTLY OPEN FENCE DOES NOT IMPEDE VEHICLES FROM ENTERING OR EXITING THE PROPERTY.
THE FENCE LINE IS ESTABLISHED IN THE AREA IN ITS CURRENT POSITION AND WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
AND THREE, THE CARPORT LEAVES ENOUGH ROOM FROM THE PROPERTY LINE AND REDUCTION REDUCED AREA TO ENTER AN EXIT VEHICLE.
STAFF RECOMMENDATION F HEIGHTS SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL AND BO 8 23 1 0 3 0 0 200 BASED ON THE FOLLOWING FINDINGS.
DEFENSE WILL AL WILL NOT ALTER THE CHARACTER OF THE DISTRICT AND REQUEST WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT NOTIFICATION PLAN.
UH, 32 NOTICES WERE MAILED OUT.
ZERO IN FAVOR, ZERO IN OPPOSITION.
AND THE SUBJECT PROPERTY IS NOT LOCATED WITHIN A NEIGHBORHOOD ASSOCIATION.
THIS CONCLUDES, THAT'S PRESENTATION AND APPLICANT IS AVAILABLE AND WE'LL NEED A SPANISH INTERPRETER.
WELL BEFORE YOU GO, UH, IT, I KNOW YOU HAVE A SEVEN A SIX FOOT MEASUREMENT TO THE TOP OF THE, OF THE POST.
UH, BUT THE GATE THAT'S TO THE, TO THE RIGHT OF THE POST LOOKS LIKE IT GOES A LITTLE HIGHER THAN THAT.
UH, HOW DOES THAT POSE WITH, UH, THE VARIANCE ONLY REQUESTING SIX FEET? THE, IN THIS PICTURE? THE GATE, YEAH, IF YOU GO, UM, THE PICTURE WHERE YOU CAN SEE THE, THE DEVELOPMENT SERVES CAR PARKED RIGHT IN FRONT.
IT LOOKS LIKE THE GATE ARCS UP ABOVE THE POST.
AND I DI I JUST WANTED TO MAKE SURE THAT WASN'T GONNA POST CONFLICT WITH IT'S, IT'S WITHIN SIX INCHES.
YOU TALKING ABOUT THE, THE BUBBLE UP THING.
MANANA, UH, COMMISSIONER ZUNIGA, THE NANA ON THE, ATTACHED TO THE MAIN STRUCTURE.
IS THAT A LIVE WIRE? I BELIEVE THAT WAS LIKE MAYBE A, A, SOME TYPE OF DATA WIRE.
NOTHING TO BE CONCERNED ABOUT.
YES, I'M CONCERNED ABOUT THE YELLOW.
THAT LOOKS LIKE, UH, THE NIGHT BEFORE THAT MAYBE THEY'RE GONNA PUT, UH, LIGHTS UNDER THAT, UH, CARPORT RIGHT THERE.
IF YOU SEE ABOVE IT, THEY HAVE, IT DID NOT FROM WHAT I, WHEN WE WERE THERE, I DIDN'T SEE IT.
NO, I DIDN'T SEE IT CONNECTED.
SO I WAS, YOU KNOW, TRYING TO IDENTIFY ON GOOGLE MAPS, UH, THE, THE ACTUAL PROPERTY ITSELF.
AND I I GOT CONFUSED A LITTLE BIT.
CAN YOU BRING UP GOOGLE MAPS FOR A SECOND HERE? AND I JUST WANNA VERIFY HOW MANY STRUCTURES ON THAT PROPERTY.
AND SO
SO I GOT CONFUSED WITH THE BUILDING NEXT DOOR AND SO, OKAY.
UH, DID THE HOMEOWNER BUILD THIS HIMSELF SINCE, UH, BUILT WITHOUT PERMIT? RIGHT? I I BELIEVE HE HIRED A CONTRACTOR, UH, MARCO? I KNOW THIS, THIS CUSTOMER'S, THE APPLICANT'S SPANISH SPEAKER.
DO YOU KNOW THE CONTRACTOR BUILT THIS? I'M NOT SURE THAT'D BE A QUESTION FOR THE APPLICANT.
HA HAS THE APPLICANT COME TO THE PODIUM YET? MAYBE WE SHOULD ASK THE YEAH.
WE APPLICANT TO COME TO THE PODIUM AND THEN, UH, WE'LL NEED A SPANISH INTERPRETER AS WELL.
AND THEN ONE MORE QUESTION BEFORE
[01:05:01]
YOU GO.UH, THIS, THIS, THERE IS A PERMIT APPLIED FOR CURRENTLY
JUST LET US KNOW YOUR NAME AND TELL US ABOUT YOUR CASE.
AND THE INTERPRETER STATES THAT THE APPLICANT SUBMITTED THREE LETTERS IN SUPPORT OF HIS, UH, PROJECT.
SALVA GARCIA PARA, MY NAME IS ALVA GARCIA PARA.
AND, AND CAN YOU GIVE THOSE LETTERS TO STAFF? THEY CAN PROJECT SOME OF THEM UP FOR US.
FIRST OF ALL, I DIDN'T KNOW THAT I NEEDED A PERMIT TO BUILD THE ROOF, OKAY? MM-HMM.
AND I DIDN'T BUILD THAT FOR CARS.
IT IS FOR MY DOG THAT HE NEEDS SHADE OKAY.
AND IS TWO FEET AWAY FROM THE NEIGHBOR PROPERTY.
AND MY DAY, MY NEIGHBOR DOESN'T HAVE ANY PROBLEM WITH THAT BECAUSE THE WATER IS GOING TO FLOW IN THE ALLEY AND IN MY PROPERTY.
AND IN CASE THERE IS A PROBLEM, I'M GOING TO USE THE GUTTERS.
OKAY? BECAUSE IF YOU ASK ME TO REDUCE THE, UH, SIZE OF THE ROOF, MY CARS WON'T HAVE ENOUGH SPACE TO BE PARKED IN THERE.
WELL, WE'RE GONNA, UH, PROBABLY HAVE SOME QUESTIONS.
UH, IS THERE ANY COMMISSIONERS THAT HAVE A QUESTION FOR THE APPLICANT? BRUCE? MR. CRUZ? GOOD.
UM, I, I CAN SEE THE CARPORT NOW.
IS HE GOING TO COVER IT? AND HE NEVER ANSWERED THE QUESTION OF WAS IT HIMSELF OR A CONTRACTOR? IT WAS A FRIEND.
UH, COMMISSIONER MACHACA? YES.
UH, THE HOUSE IS BRAND NEW, ISN'T IT? IT IS NEW.
WHAT IS THE FOUNDATION OF THE HOUSE? IT'S CONCRETE.
'CAUSE I WAS CONCERNED BY THE ADDITIONAL WEIGHT HE ADDED BY ATTACHING THE CARPORT TO IT.
THAT'S WHY IT COULD AFFECT IT.
I REALLY DON'T KNOW IF IT IS GOING TO BE AFFECTED.
SO I I HAVE A QUE MR. CHAIRMAN? YES.
DO WE HAVE A, A PICTURE OF THE COLLINS SUPPORTING? OH, NO, WE DON'T, BUT I'LL ASK
UM, IS, DO YOU HAVE ANY, UM, UH, MORE DETAILED PLANS ABOUT, ABOUT HOW THIS WILL BE CONSTRUCTED? I'M NOT SURE IF I HAVE THEM WITH ME.
UH, WELL, WELL, ONE OF THE QUESTIONS I HAVE IS, UM, GOOGLE MAPS AND THE CITY'S PICTURES.
IT LOOKS LIKE THE WHOLE FRONT SIDEWALK WAS REDONE RECENTLY.
THE SIDEWALK WAS THERE WHEN I GOT THE HOUSE, WHEN I BOUGHT IT.
IT WAS DONE BEFORE I BOUGHT THE HOUSE.
[01:10:02]
OKAY.WHAT ABOUT THE, UM, THE, THE, THE BUILDINGS ON YOUR NEIGHBOR'S PROPERTY? HOW CLOSE ARE THEY? ARE YOU TALKING THE SPACE IN BETWEEN? WELL, WHEN I'M TRYING TO FIND OUT, UM, ARE THERE OTHER STRUCTURES THAT ARE REALLY CLOSE TO THE CARPORT? ONLY MY NEIGHBOR.
AND IS, AND, AND DO YOU KNOW HOW CLOSE CAN YOU GUESS? IT'S VERY CLOSE TOGETHER.
AND THE, THE FENCING THAT GOES BETWEEN YOUR HOME AND YOUR NEIGHBOR, IS IT METAL OR WOOD? THE FENCE, THE REQUIREMENT? UH, SAY A FOOT.
IS IT METAL OR WOOD? MY NEIGHBORS IS ME.
UM, ANY OTHER COMMISSIONER, QUESTIONS? COMMISSIONER? I'M JUST TRYING TO ORIENT MYSELF ON GOOGLE IS THE ADDRESS RIGHT? IT LOOKS VERY DIFFERENT.
SO IT DOES APPEAR, IF I LOOK AT THE PICTURE, IF YOU GO BACK AND IT'S THE FRONT YARD, IT LOOKS LIKE BOTH THE HOUSE ON THE LEFT AND THE RIGHT ARE ALSO NEW.
SO IT LOOKS LIKE ALL ROW HAD BEEN RECONSTRUCTED, UM, YOU KNOW, SINCE, I GUESS SINCE GOOGLE WENT BY.
IT'S VERY DIFFERENT LOOKING THAN THE HISTORIC MAPS.
ARE THERE ANY OTHER QUESTIONS? I, AND IS, IS THERE ANYTHING ELSE THE APPLICANT WOULD LIKE TO TELL US BEFORE WE DELIBERATE? NO, THAT'S IT.
UH, STAFF, IS THERE ANY VOICEMAILS OR PUBLIC? NO.
I'M LOOKING FOR A MOTION CRUZ, MR. CRUZ, REGARDING CASE NUMBER BO A 23 103 0 0 2 0 0.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A ONE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE HIGH TO ALLOW A SIX FOOT PROMINENTLY OPEN FENCE AND THE PRO FRONT PROPERTY LINE SITUATED AT 1 3 1 9, UH, FLANDERS AVENUE APPLICANT BEING SALVADOR GARCIA.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISION, SO THE U D C ESTIMATED WILL RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSES OF CHAPTER.
THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR THE FENCE HEIGHT MODIFICATION, FENCE HEIGHT BEING REQUESTED IS PROMINENTLY OPEN LOCATED IN THE FRONT PROPERTY LINE.
IF GRANTED STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE.
B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE.
THESE CRITERIA REPRESENTED BY FENCE HEIGHTS TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY.
THE PROPOSED FENCE BEING REQUESTED WILL BE LOCATED ALONG THE FRONT PROPERTY LINE AND IS EXCEEDING THE MAXIMUM HEIGHT REQUIREMENT BY ONE FOOT.
THE PRIVACY AND PROVIDE PREDOMINANTLY OPEN FENCE STILL SERVE THE PUBLIC WELFARE AND CONVENIENCE.
SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES.
THESE, A SPECIAL EXCEPTION, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IN WHICH, FOR THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE ADDITIONAL FENCE HIGH LOCATED IN THE FRONT PROPERTY LINE OF THE SUBJECT PROPERTY APPEARED TO NOT ALTER THE CHARACTER OF THE DISTRICT.
AS THERE ARE OTHER FENCES IN THIS TYPE IN THE AREA, EASE, A SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE
[01:15:01]
OF THE DIS DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT.THEY REQUESTED SPECIAL EXCEPTION, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT.
THEY REQUESTED SPECIAL EXCEPTION, WILL NOT WEAKEN THE USE OF SINGLE FAMILY DWELLING.
I DON'T SEE A PROBLEM, UH, WITH DISPENSE.
AND, UH, I, SINCE IT'S ALREADY BEEN UP FOR A WHILE AND NONE OF THE NEIGHBORS ARE COMPLAINING, I, I WOULD SAY WE CAN GO AHEAD AND GRANT IT.
UM, I AGREE WITH MY FELLOW COMMISSIONER AND YOU KNOW, I THINK TAKE A LOOK AT WHAT WAS PREVIOUSLY THERE VERSUS THE PICTURES THAT ARE THERE.
JUST LOOKS LIKE A WONDERFUL COMMUNITY THAT, THAT, YOU KNOW, JUST LOOKS WONDERFUL.
ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE UNLESS I HAVE A ROLL CALL VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. ZIKA CONCUR WITH THE FINDINGS OF FACT.
MR. ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT.
UH, NOW A MOTION FOR THE VARIANCES.
COMMISSIONER CRUZ REGARDING CASE NUMBER BO A 23 103 0 0 2 0 0.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR 1 8 3 FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE TWO FEET FROM THE SIDE PROPERTY LINE TO A SEVEN FOOT 10 INCH VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY.
CLEAR VISION TO ALLOW A SEVEN FOOT, TWO INCH DRIVEWAY CLEAR VISION SITUATED AT 1 3 1 9 FLANDERS AVENUE.
APPLICANT BEING SALVADOR GARCIA.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF, OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISION, SO THE U D C AS AMENDED WOULD RESULT IN A UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE APPLICANT IS REQUESTING A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK AND A SEVEN FOOT 10 INCH VARIANCE FROM THE MINIMUM 15 FEET CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE SEVEN FEET, TWO INCHES FROM THE FRONT DRIVEWAY.
IN THIS CASE, THE PREDOMINANTLY OPEN FENCE TO SIDING PEAK VEHICLES FROM ENTERING OR EXITING THE PROPERTY.
ALSO, THE TWO FOOT SIDE SETBACK.
WE'LL HAVE TO FOLLOW ALL PERMITTING REQUIREMENTS AND LEASE ROOM FOR MAINTENANCE.
STAFF FINDS THAT THIS REQUEST IS NOT CONTRARY AS ITS DISTANCE DOES NOT PROPOSE ANY SAFETY ISSUES.
TWO, DUE TO SPECIAL CONDITIONS, LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ALTERING THE CARDBOARD TO THE THREE FOOT SIDE SETBACK WITH NO OVERHANG AND THE FENCE TO MEET THE MINIMUM 15 FOOT CLEAR FISHING REQUIREMENT FROM THE FRONT DRIVEWAY.
THIS WOULD RESULT IN AN UNNECESSARY, AS A VEHICLE WOULD HAVE LESS ROOM FOR ENTERING.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE CARPORT IS CURRENTLY TWO FEET FROM SIDE SETBACK AND THE FENCE IS CURRENTLY SEVEN FEET, TWO INCHES FROM THE FRONT DRIVEWAY.
STAFF FINDS THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE WITH A REQUESTED VARIANCE AS ADEQUATE DISTANCES PRESENT.
IF GRANTED, THE SIDE SETBACK WILL BE TWO FEET FROM THE SIDE SETBACK AND THE CLEAR VISION DISTANCE WILL BE SEVEN FEET, TWO INCHES FROM THE FRONT DRIVEWAY, WHICH IS NOT LIKELY.
ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS OTHER FENCES WERE SEEN IN THE IMMEDIATE AREA WITH SIMILAR CLEAR VISION DISTANCES AND THE CARPORT, THEN THE CARPORT LEAVES ENOUGH SEPARATION FROM THE SIDE PROPERTY LINE FOR THE VARIANCE WILL NOT ALTER THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL, WILL BE ALLOWED 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 SIDE SETBACK WILL BE TWO FEET FROM THE SIDE SETBACK AND THE CLEAR VISION DISTANCE WILL BE SEVEN FEET, TWO INCHES FROM THE FRONT DRIVEWAY, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
'CAUSE THE FENCES WE'RE SEEING IN THE IMMEDIATE ERROR WITH SIMILAR CLEAR VISION, THIS IS, AND THE CARPORT LEAVES ENOUGH SEPARATION FROM
[01:20:01]
THE SIDE PROPERTY.LINE SIX APPLIED OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS 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 AND ARE NOT DUE TO A RESULT OF GENERAL CONDITIONS IN THE DIS DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS SUPPLY OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT DO NOT APPEAR TO BE MERELY FINANCIAL.
THE FENCE LINE IS ESTABLISHED IN THE AREA AND THE CURRENT POSITION IN THE CARPORT WILL HAVE A REDUCED AREA TO ENTER, EXIT A VEHICLE AND OF MOTION.
ALL RIGHT, SECOND BY COMMISSIONER MANNA, COMMISSIONER CRUZ, UM, WITH, UM, THE BUILDING OF THE CARPORT AND WITH EVERYTHING THERE, I DON'T SEE A PROBLEM WITH IT.
THE ONLY THING WOULD BE WOULD, WOULD, THE SUGGESTION WOULD BE TO COVER THE TOP SO THE WIRES AND EVERYTHING ELSE WON'T BE SHOWING.
UM, I CONCUR WITH MY COLLEAGUE.
UM, YOU KNOW, AS A REMINDER, UM, YOU KNOW, IT DOES LIMIT THE TYPE OF, UH, BUSHES AND THINGS YOU CAN PUT ALONG THAT CLEAR VISION.
UH, 'CAUSE THE GOAL IS TO ENSURE THAT AS YOU PULL IN AND OUT OF YOUR DRIVEWAY, UM, YOU AREN'T, UH, IT'S THE SAFETY OF YOUR COMMUNITY.
AND WE WON'T KEEP THAT IN CONCERN.
SO, BUT I'LL BE VOTING IN FAVOR.
ANY OTHER COMMISSIONERS' LIKE TO ADD HEARING NUNS? HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
UM, DO YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF? THANK YOU.
NEXT ITEM GOING BACK IS GONNA BE ITEM NUMBER FIVE.
ITEM NUMBER FIVE IS BO O A DASH 23 DASH 1 0 3 0 0 1 8 8.
UM, ADDRESS IS 5 0 3 9 EL MONTE BOULEVARD IN CITY COUNCIL.
DISTRICT NUMBER ONE, UH, THE APPLICANT BEING SERGIO RETA.
AND THE REQUEST IS FOR A 17 FOOT VARIANCE FROM THE MAXIMUM 20 FOOT GARAGE ENTRY SETBACK REQUIREMENT TO ALLOW A GARAGE TO HAVE A THREE FOOT ENTRY AND, UH, TWO A SEVEN FOOT THREE INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE SEVEN FOOT NINE INCHES FROM THE SIDE YARD DRIVEWAY CURB.
AND THE CURRENT ZONING IS R FOUR.
THE SUBJECT PROPERTIES LOCATED ALONG EL MONTE BOULEVARD INTERSECTING WITH BEACON AVENUE.
THE APPLICANT IS PROPOSING TO CONSTRUCT A DETACHED GARAGE IN THE REAR YARD WITH THE FRONTAGE BEING LOCATED OFF BEACON AVENUE.
THE PROPOSED GARAGE IS ANTICIPATING ON HAVING A THREE FOOT ENTRY DEVIATING FROM THE MINIMUM 20 FOOT OF TOTAL PARKING AREA DEPTH THAT IS REQUIRED TO BE MAINTAINED.
UH, THIS IS TO PREVENT, UH, VEHICLES FROM OBSTRUCTING WITH THE RIGHT OF WAY.
UH, THE ADDITION OF THE GARAGE, UH, LOCATED FORWARD OF THE EXISTING FENCE LINE WILL CREATE THE NEED FOR THE CLEAR VISION VARIANCE.
UH, THE FENCE MEASURED TO BE SEVEN FOOT NINE INCHES FROM THE SIDE PROPERTY LINE, WHILE THE MINIMUM DISTANCE REQUIRED IS 15 FEET.
AND THIS IS THE SITE PLAN AND THIS IS THE SUBJECT PROPERTY.
AND THEN THIS IS THE LOCATION OF THE PROPOSED GARAGE.
IT'S THE VIEW FROM BEACON AVENUE.
UM, AND AGAIN, THIS IS THE LOCATION OF WHERE THE GARAGE WILL BE WITHIN THE REAR YARD.
CURRENTLY IT'S, UM, THERE'S A CONCRETE SLAB THERE, AND THEN THIS IS THE CLEAR VISION MEASUREMENT AND THEN THE SURROUNDING AREA, UH, STAFF RECOMMENDATION FOR THE GARAGE SETBACK AND CLEAR VISION STAFF RECOMMENDS A DENIAL AND BO EIGHT DASH 23 DASH 0 3 0 0 180 8 BASED ON THE FOLLOWING.
ONE, THE REQUESTED 17 FOOT VARIANCE TO ALLOW GARAGE TO HAVE A THREE FOOT ENTRY DOES NOT PROVIDE ADEQUATE DISTANCE AS THE VEHICLES MAY INTERFERE WITH THE PUBLIC RIGHT OF WAY.
AND TWO, THE IMPOSING OF THE CLEAR VISION FIELD IS CONTRARY TO PUBLIC INTEREST AS A SEVEN FOOT NINE INCH, UM, DOES NOT ALLOW FOR ADEQUATE SIGHT FOR ONCOMING VEHICLES.
AND THEN THIS IS THE NOTIFICATION PLAN.
STAFF MAIL 31 NOTICES, UH, ZERO RETURN IN FAVOR, ZERO IN OPPOSITION.
AND WE HAD NO RESPONSE FROM THE NORTHMORE NEIGHBORHOOD ASSOCIATION.
AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
AND UH, AND AND JUST TO BE CLEAR, THERE'S A, UM, ON BEACON AVENUE WHERE THE ENTRY WAS GONNA GO, THERE'S STILL THE NEIGHBORING FENCE THAT'S WOULD BLOCK CLEAR VISION AS WELL, CORRECT? UH, WHICH ONE? THE RIGHT NEXT TO THAT VERY, VERY LARGE TREE RIGHT THERE.
SO LIKE IF YOU WERE TO CUT, CUT, CUT SOME OF THAT FENCE DOWN AND HAVE ACCESS TO A GARAGE,
[01:25:01]
THERE WOULD STILL BE AN ISSUE WITH CLEAR VISION EXTENDING TO THE NEIGHBORING TO THE NEIGHBORING PROPERTY, CORRECT? UM, I'M NOT FOLLOWING IT.IT'S ONLY FOR THE CLEAR VISION FOR THE SUBJECT PROPERTY, AND THAT'S THEIR FENCE.
I'LL ASK THE APPLICANT ABOUT IT.
ANY OTHER, UH, COMMISSIONERS HAVE QUESTIONS FOR STAFF? YES.
SORRY, THAT SLAB, WAS IT EXISTING OR DID HE, WAS, WAS THERE A GARAGE THERE OR DID HE PUT THE CONCRETE IN THERE? SO THERE WAS NO PERMIT, UM, ISSUED WITHIN OR ISSUED FROM THE CITY.
UM, SO THAT IS A NEW, UM, CONCRETE SLAB.
IF THE APPLICANT CAN PLEASE COME FORWARD, JUST TELL US YOUR NAME AND TELL US ABOUT YOUR, UH, CASE AND PROJECT.
FIRST EVERYBODY, MY NAME IS ERTA.
WHAT WAS YOUR QUESTION? OH, YEAH, JUST TO TELL US ABOUT YOUR, UH, YOUR CASE.
UM, YES, UH, LEMME TELL YOU FIRST THAT, YOU KNOW, I WAS TELLING NORM ABOUT GETTING A PERMIT FOR A GARAGE, ASKING ABOUT, UM, THEY, THEY SAY, OH, YOU NEED A PERMIT, YOU KNOW, AS LONG AS IT'S NOT ATTACHED TO THE HOUSE AND, AND IF IT'S IN THE BACK OF THE HOUSE OR IN THE REAR OR WHATEVER.
SO I WENT AHEAD AND GOT THAT, UH, SLAP MATE.
AND UM, THEN THIS, THIS FRIEND OF THE FAMILY SAID, YOU THINK, I THINK YOU THINK YOU NEED A PERMIT? SO I CAME AND ASKED, AND I FOUND OUT THAT I NEEDED A PERMIT.
SO I, I APPLIED FOR THAT AND THEN IT WAS, UH, DENIED.
AND THEN HE TOLD ME TO DO THIS PROCESS.
UM, AND UNBEKNOWNST TO ME, I, I BUILT IT BEFORE I KNEW THAT I NEEDED THAT MUCH SPACE FOR AN ENTRANCE BEFORE THE GARAGE.
AND, UM, THE THING IS THAT, LIKE THAT THE, THE, I DON'T KNOW WHAT IT'S CALLED, THE, THE CLEARANCE THERE FROM THE, THE FENCE TO THE CURB.
THAT'S, UH, MY HOUSE IS, WAS BUILT IN THE FORTIES.
UM, SO THAT'S BEEN LIKE THAT FOREVER, YOU KNOW, EVEN BEFORE I WAS BORN.
SO, UM, AND, UM, IF, IF WE CAN LOOK AT THE, AT THE, AT THE, AT THE SLAB, WELL, I HAVE PICTURES ALSO, BUT I, I DIDN'T GET A CHANCE TO GIVE 'EM TO MR. LEOS, UM, RIGHT WHERE THE CURSOR IS RIGHT THERE.
THAT'S WHERE I WOULD, WHERE HE WAS BEFORE.
WELL, I, OKAY, WHERE THE PICTURE ENDS, THAT'S WHERE THE FENCE IS.
IT'S ABOUT SIX INCHES FROM THE FENCE SLAB.
AND THEN, UH, MY IDEA, IF EVERYTHING GOES FINE IS FROM THAT, THE, THE EDGE OF THE SLAB HAVE THREE FEET AND THEN THE DOOR TO THE GARAGE.
UM, IF THIS WOULDN'T HAPPEN, THEN I'D BE LEANING A BIND BECAUSE I SPENT A LOT OF MONEY ON THAT, UH, LIKE I SAID, BECAUSE OF IGNORANCE.
SO OTHERWISE I WOULDN'T HAVE PUT THAT MONEY IN THERE.
AND THEN I WOULD HAVE TO, IF I NEED TO DO ANY ARRANGEMENTS TO THAT, UM, I HAVE THREE TREES IN THE BACK.
UM, TWO OF THOSE RIGHT IN FRONT OF THE SLAB.
AND ONE, THE ONE THAT'S AT THE CORNER OF THE FAR CORNER, UH, THAT'S A LITTLE OFF.
BUT IF I HAD TO EXTEND THE, THE SLAB, WHICH IS GONNA COST ME A LOT OF MONEY ALSO, UH, I WOULD HAVE TO TAKE THAT DOWN ALSO.
SO YOU'RE TALKING ABOUT STILL THERE, TAKING, TAKING DOWN MANIPULATE FALLS, TAKING DOWN THREE TREES.
UM, AND, UM, ABOUT THE, OKAY, JOE, TOUCH YOURSELF FIRST.
COMMISSIONER, CAN YOU MUTE, UM, ABOUT THE, ABOUT THE SAFETY ISSUE? UM, I COULDN'T PARK OR, YOU KNOW, MY, OR STAND WITH MY CAR IN FRONT OF THAT SLAB OR IN FRONT OF THAT PART OF THE FENCE BECAUSE ACTUALLY ONLY THE, THE HOOD OF MY CAR WOULD BE ON THE SIDEWALK AND THE REST OF MY CAR, OR MY VEHICLE WOULD BE IN THE MIDDLE OF THE STREET, WHICH IS, WHICH IS SOMETHING I'VE NEVER DONE.
WHEN I BUILT THAT BACK IN SEPTEMBER LAST YEAR, UM, I, I MADE A GATE FOR THE PEOPLE TO HAVE ACCESS TO THE YARD.
'CAUSE THE, THE, THE FENCE IS A STRAIGHT LINE FENCE.
THERE'S NOTHING, THERE WAS NOTHING FROM THAT CORNER TO MY NEIGHBOR'S, UM, FENCE TO THE CORNER OF THE HOUSE.
AND, UH, AND I BUILT THAT GATE.
SO THEY, THEY HAD ACCESS TO THE YARD.
IT'S NOT BEEN EVER OPEN AGAIN SINCE, SINCE THAT HAPPENED.
AND, UM, AND EVEN BEFORE I KNEW ABOUT THIS, THIS IS NEW TO ME.
UM, SO IT'S JUST, I'M JUST, YOU KNOW, LOST IN WHAT, WHAT ELSE IS GONNA HAPPEN? WELL, I'M SURE WE'LL HAVE SOME QUESTIONS.
YOU HAD MENTIONED THAT THERE WAS TWO TREES BEHIND THAT SLAB.
THEY, ON THE PICTURE, THEY DON'T LOOK LIKE THEY'RE VERY LARGE.
WHAT ARE THEY ABOUT FOUR, FIVE INCHES? UM, THE WHAT? THE TREES, THE, THE DIAMETER OF THOSE TWO TREES IN FRONT OF, YOU MEAN THE TRUNK? YES.
[01:30:01]
YEAH, THEY DIDN'T SEEM ENORMOUS.UH, THE ANOTHER QUESTION I HAVE IS, UH, THE, THE SITE PLAN THAT WAS SUBMITTED SHOWS THAT YOU HAVE APPROXIMATELY 25 FEET FROM THE EDGE OF THAT SLAB TO YOUR PROPERTY LINE.
A A ACTUALLY, UH, IT'S 25 BY 20.
IT'S 20 FEET, FEET LONG, 25 FEET LONG, AND 20 FEET ACROSS.
SO WITH A 50 FOOT LOT, YOU HAVE ABOUT 25 FEET FROM THE EDGE OF THE SLAB OVER THE GRASS TO THE SIDE FENCE.
CORRECT? UH, I DIDN'T UNDERSTAND THE QUESTION.
UH, IF, IF, UM, CAN YOU BRING UP THE SITE PLAN, UH, STAFF? OKAY.
SO BEHIND TO THE RIGHT OF THE GARAGE, THERE'S A DIMENSION THAT SAYS 25 FEET.
THEN THERE, THAT'S A, YOU AGREE WITH THAT? I DON'T KNOW WHO WROTE THAT.
IF STAFF HELPED OR YOU WROTE THAT.
WHERE IT SAYS NUMBER TWO, THAT'S, THAT'S THE BEACON STREET.
UM, GO TAKE THE WORD GARAGE IN GREEN MM-HMM.
AND YOU SEE THERE'S A DIMENSION OF 25 FEET.
SO YOU, IT, IT LOOKS LIKE YOU HAVE, OTHER THAN THESE TWO TREES, YOU HAVE PLENTY OF ROOM TO EXTEND THE GARAGE AND MEET THE 20 FOOT REQUIREMENT FROM THE CLOSEST TREE IS ABOUT MAYBE 10 FEET.
BUT IF YOU WERE TO CUT THE TREES DOWN, YOU COULD EXTEND THE GARAGE.
I CAN, BUT THEN I'M GONNA BE DEPENDING, DEPENDING ON HOW BIG I BUILD THE GARAGE.
IF YOU WANNA GET THE 20 FEET, UH, YOU KNOW, THE, THE CITY REQUIRES, THEN I'LL, I'LL, I'LL BE LIKE THIS CLOSE TO MY NEIGHBOR'S, UH, FANS.
AND, UM, AND YOU KNOW, AND, AND I, I WANTED TO KEEP THOSE TREES BECAUSE THEY, THEY FROZEN TWICE, ONCE TWO YEARS AGO WITH THE SNOW.
AND THE OTHER ONE LAST YEAR WITH A, OR, OR THIS YEAR, I DON'T REMEMBER, WITH A, WITH A FREEZER.
SO I'M LIKE, YOU KNOW, THEY'RE SAYING SOMETHING.
UM, BUT BUT DID STAFF EXPLAIN WHY THE REQUIREMENT WAS THERE? UH, THE CLEAR VISION.
WHAT ITS PURPOSE WAS IN THAT, YOU KNOW, THERE'S A PUBLIC SIDEWALK THAT RUNS ALONG THAT FENCE.
UH, THERE'S A POTENTIAL TO BLOCK THAT.
THERE'S, IT'S, IT COULD NOT, IT, IT COULD BE AN UNSAFE CONDITION WHEN YOU'RE BACKING IN AND OUT BECAUSE OF LIMITED SIGHT DISTANCE WITH THAT VERY LARGE TREE, ESPECIALLY THAT'S IN THE CITY RIGHT OF WAY.
UM, SO, YOU KNOW, THE CLEAR, CLEAR VISION, WHAT TREE STAFF CAN YOU BRING UP THE, THE PICTURE SHOT ON BEACON? YEAH.
SO IF YOU LOOK THE TREE THAT IS OUTSIDE YES.
THAT TREE'S BEEN THERE SINCE I GOT THERE 30 YEARS AGO.
I, I I'M SURE IT'S, IT LOOKS LIKE IT'S VERY, VERY SIZE.
ACTUALLY, THERE WAS ANOTHER ONE RIGHT WHERE THE GATE IS RIGHT NOW.
WELL, MY, MY, MY, MY ISSUE IS, UM, IS THAT IF YOU WERE TO BACK OUT OF A GARAGE OR AT EVEN A DRIVEWAY AND GO ONTO THAT STREET, THERE'S LIMITED SIGHT BECAUSE OF THAT TREE, BECAUSE OF THE FENCING.
AND IT COULD BE AN UNSAFE CONDITION.
AND THAT'S, THAT'S REALLY THE, THE REASON WHY WE HAVE THESE CODES.
UM, IS I SEE WHAT YOU'RE SAYING.
UM, WELL, YOU KNOW, IF I DON'T GET GRANTED THE PERMIT, IT'LL BE, I I, I'M NOT GONNA CUT THE TREE.
I'D RATHER LOSE ALL THAT MONEY THAN CUTTING.
IF, IF THEY'RE CUTTING A TREE, IF THIS WASN'T A GARAGE BUT IT WAS A CARPORT AND IT WAS LOCATED AT FIVE FEET AWAY, WOULD THAT BE AN ISSUE? UM, SO THEY WOULD STILL NEED THE CLEAR VISION AND THE CARPORT WOULD NEED THE 10 FEET FROM THE PROPERTY LINE.
UM, WELL THAT ANSWERS MY QUESTIONS, MA'AM.
SO CAN I HAVE THEN A, A CARPORT? YOU SAY, WELL, WELL WE CAN, THIS IS, I, I WANTED TO DO ALSO LIKE A STORAGE.
I PAY FOR A STORAGE EVERY MONTH.
I PAY FOR, AND IT'S VITAMIN ME EVERY MONTH.
AND, YOU KNOW, THAT'S MONEY THAT I CAN SAVE.
HAVING THIS, IT'S, IT'S SEVERAL THINGS THAT, THAT'S WHY I WANTED TO DO THAT.
UH, BUT WE WE'RE GONNA GO THROUGH SOME QUESTIONS AND THEN WE'LL, WE'LL SEE ABOUT WHAT DIRECTION THIS GOES, BUT MR. MANA, SO, UM, SO FIRST QUESTION IS, UM, REGARDING, CAN YOU BRING UP GOOGLE MAPS AND THERE AND ON BEACON STREET AND SO ACROSS, ACROSS FROM YOUR PROPERTY, UM, IS ANOTHER PUT IN A SIMILAR GARAGE? YES.
THAT LOOKS TO BE ABOUT, UM, 20 FEET FROM, FROM THE CURB.
SO 15 FEET OFF IT, IT'S 15 FEET.
SO, SO PART OF THE DIALOGUE, YOU KNOW, THAT WE GO THROUGH ON A REGULAR BASIS IS JUST TRYING TO FIND IF THERE'S SOME COMPROMISE WITH REGARDS TO THE DISTANCE FROM THE STREET.
UM, SECOND THING THAT'S THERE IS THE, THE NEIGHBOR ADJACENT TO IT ALSO HAS A CHAIN LINK FENCE.
AND SO PART OF THE CLEAR VISION REQUIREMENT IS TO BE ABLE TO SEE, UM, THE STREETS AND WHAT'S ON THE STREETS.
AND SO, SO ONE OPTION, OR ONE QUESTION IS, WOULD YOU BE AMICABLE TO, UH, CHANGING FROM A SOLID SCREEN FENCE TO A PREDOMINANTLY OPEN FENCE THERE ON THAT SIDE? WELL, I MEAN, YES, AS LONG AS I CAN GET THE GRUDGE MADE, BUT, UH, IT, IT IS GONNA
[01:35:01]
TAKE A LOT OF MONEY AS, AS IT IS.UH, I HAD TO PUT THIS ON HOLD, THIS MEETING BECAUSE I DIDN'T HAVE THE MONEY, YOU KNOW, THE $400 TO PAY FOR IT.
'CAUSE I, IT WAS SOMETHING THAT I DIDN'T COUNT ON AND I DIDN'T KNOW ABOUT.
SO I DIDN'T HAVE THE MONEY, SO I HAD TO POSTPONE IT AND FOR A LITTLE OVER TWO MONTHS JUST TO GET THE MONEY TOGETHER.
SO QUESTION FOR THE CITY STAFF, IF THIS WAS CHANGED TO A PREDOMINANTLY OPEN FENCE FOR, UM, FOR THE SIDE HERE, DOES THAT CHANGE THE DIALOGUE WITH REGARDS TO CLEAR VISION? NO, SIR.
IT WOULD STILL NEED THE CLEAR VISION, WHETHER IT'S PREDOMINANTLY OPEN OR NOT.
WOULD THAT, WOULD THAT UH, UH, EN ENTICE STAFF TO POTENTIALLY, UH, RECOMMEND APPROVAL AS OPPOSED TO DENIAL? UM, I GUESS THAT COULD ENTICE COMMISSIONERS.
ANY OTHER COMMISSIONER QUESTIONS? MINKA COMMISSIONER MINKA, UH, AS AN OPTION, I'M NOT SURE THE CITY WILL CONSIDER THIS, BUT THE FENCE, INSTEAD OF BEING CHANGED, COULD IT, COULD THE FENCE BE ANGLED 45 FROM THE CORNER OF THE GARAGE OUT? DOES HE MAINTAINS THE SAME MATERIAL? YES.
UH, SO IF HE MEETS, IF, IF HE DOES MEET THE, UH, ANGLE OF THE 45 DEGREES, IF HE CHANGES IT, YES, HE CAN.
HE DOESN'T NEED THE CLEAR VISION.
AND QUESTION NUMBER TWO IS THAT, UH, AS A COMMISSIONER MANOR BROUGHT UP THAT THE, UH, YOUR NEIGHBOR ACROSS THE STREET HAS LIKE A DRIVEWAY.
SO ON YOUR SIDE YOU HAVE A CURB.
DOES THIS REQUIRE CURB CUT TO ALLOW THE GARAGE UP? THIS, HE'S GONNA GO, HE'S GONNA HAVE TO TRAMPLE OVER THE, THE SIDEWALK.
IS THAT AN ISSUE BEING BROUGHT UP? NO.
UM, LONG TIME AGO WHEN THEY REDID THIS, THE STREET, 'CAUSE THE STREET WAS AT THE SAME LEVEL THAN MY PROPERTY, BUT WHEN IT RAINED, ALL THE WEATHER KIND OF TURNED ONTO FROM THE MONTE TO BEACON AND WENT THROUGH MY PROPERTY AND ACTUALLY MOVED MY HOUSE.
SO I DON'T REMEMBER WHEN THEY RAISED THE, THE, THE STREET LEVEL.
AND NOW MY PROPERTY IS, IS LIKE, LIKE THAT MUCH LOWER.
AND BACK THEN I ASKED THE, THE, THE WHOEVER WAS IN CHARGE, I SAID, LISTEN, IN THE FUTURE SOMETIME, I DON'T KNOW WHEN I WOULD LIKE TO BUILD IN THE GARAGE HERE.
CAN YOU DO THAT? WHAT YOU SAID? I DON'T KNOW WHAT IT'S CALLED.
AND I ACTUALLY SHOWED IT ON PICTURES TO MR. LEOS.
HE SAID HE SAW THAT THE CURVE IS NOT A STRAIGHT LINE LIKE THAT.
SO THAT'S IN YOUR PLAN ALREADY? THE APRON? YEAH.
I, I HAD THAT, I HAD THAT IDEA 20 YEARS AGO.
I MEAN, I JUST DIDN'T HAVE THE MONEY TO DO IT.
UH, ARE, ARE YOU PARKED YOUR CARS IN THE FRONT YARD? NO.
I HAVE A CARPORT IN THE FRONT.
DO YOU PARK 'EM? THERE'S A CAR OVER HERE PARKED ON THE GRASS.
NO, THAT'S MY, THAT'S MY NEIGHBOR.
I'M, I'M, I'M ON THIS SIDE, ON THE, ON THE LEFT OF THE, THAT PICTURE RIGHT THERE.
THAT'S, I NEVER PARK ON THE STREET BECAUSE OF THE, THE, I ALWAYS PARK ON, ON, ON MY FRONT PORCH.
IF YOU COULD GO ON AROUND THE CORNER RIGHT THERE.
THE, THE, THE SUBJECT, UH, PROPERTY, UH, STAFF.
HE SAYS HE PARKS SOMEWHERE ELSE.
COMMISSIONER, ARE YOU USING YOUR MICROPHONE? I GOT IT.
SO, SO THIS, UH, SO YOU, YOU, YOU DO PARK ONE OF YOUR CARS ON THE GRASS.
SECOND QUESTION IS, I'M NOT PARKED ON THE GRASS HERE.
I'M SORRY TO SAY THAT I, I'M NOT PARKED ON THE GRASS AT ALL.
YEAH, THAT'S A LITTLE OKAY THERE.
UH, THE SECOND QUESTION THAT I HAVE, WHO, UH, WHO WAS THE CONTRACTOR THAT UH, SET THE FOUNDATION? THE SLAP? SOMEBODY THAT GOT FROM CRAIGSLISTS.
SO HE DIDN'T TELL YOU NEED A PERMIT? NO, I ASKED HIM AND I SAID, DO I NEED A PERMIT FOR THAT? HE SAID, OH NO, IT DEPENDS ON WHERE YOU'RE GONNA BUILD YOUR SLAB AND YOU GONNA GO TALK TO HIM.
AND I'M LIKE, OKAY, GO AHEAD AND DO IT.
YOU KNOW, AND I STARTED ASKING, ASKING AND THEN THIS LADY FRIEND OF THE FAMILY THAT I'M TELLING YOU SAID, I THINK YOU NEED A PERMIT.
AND WHEN, WHEN WAS THAT? WHAT HE IN SEPTEMBER LAST YEAR, SIR.
WELL, UH, THE TREES, YOU CAN REPLANT 'EM LIKE YES, LIKE CHAIRMAN WAS SAYING, I'VE BEEN TAKING CARE OF 'EM FOR SEVEN YEARS.
WELL, WHAT SHOULD I SAY? YOU KNOW, YOU CAN REPLANT 'EM.
ANY OTHER QUESTIONS? SO A QUICK QUESTION.
SO RIGHT NOW HE'S ASKING FOR A REDUCTION OF THE CLEAR VISION.
IF HE MAKES A REDUCTION, LET'S SAY TO A FIVE FOOT VARIANCE WHERE IT'S 10 FOOT, THAT MEANS THAT THE ANGLE WOULD BE 10 FOOT, CORRECT? IT WOULD
[01:40:01]
BE 10.AND IS THERE, IS, IS THERE, DO YOU KNOW HOW FAR AWAY THE SLAB IS FROM, I THINK YOU HAD IT ON YOUR SITE PLAN FROM THAT REAR PROPERTY LINE? I BELIEVE SEVEN AND A HALF FEET.
SO THAT'S WHY YOU NEED THAT ANGLE THEN.
ANY OTHER, THERE'S NO OTHER QUESTIONS.
I'VE JUST GOT ONE SIMPLE LITTLE QUESTION AND MAYBE I'M NOT, I HAVEN'T REALLY LOOKED AT THE PICTURES.
SO YOU HAVE NEVER HAD A GARAGE ATTACHED TO THE HOME, SIR? YES, THERE IS A GARAGE THERE.
UM, ON, ON THE, AS YOU LOOK AT, AT THE HOUSE FROM THE FRONT, IT'S ON THE LEFT.
YOU CAN SEE THE, THE DOOR THERE.
UM, THE THING IS THAT, UH, WITH ALL THAT WATER THAT I'M TELLING YOU THAT I GOT USED TO GET THAT SUNK, IT'S, IT'S SS IN ABOUT THAT MUCH AND I JUST DON'T WANNA PUT MORE WEIGHT ON THAT FLOOR AND, UH, YOU KNOW, HAVE SOMETHING MAJOR.
THAT'S WHY YOU'RE MAKING A DETACHED GARAGE.
SIR, ONE MORE QUESTION, UM, IN REFERENCE TO, UM, HELP YOU WITH A PEACE OF MIND.
THE ONE WHO PUT IN THE CONCRETE SLAB, DID THEY USE REBAR OR FENCE? YES.
UM, I, I HAVE ACTUALLY PICTURES OF THAT.
I'M JUST CONCERNED ABOUT YOU THAT YOU'D BE SURPRISED AND I THINK CRACKS IN THE MIDDLE.
WELL, YOU KNOW WHAT, UH, THEY, THEY PUT, UH, ABOUT THAT MUCH OF, UH, UH, BASE AND THEN THEY COVERED IT WITH, UH, WITH THE PLASTIC AND THEN THEY PUT THE BARS ON TOP AND THEN THE CEMENT AND THEY, THEY BUILD THESE LITTLE, THE DITCHES AROUND.
YOU HAVE THE BEAMER ON THE OUTSIDE.
IT'S A SMALL BEAM AROUND THE OUTSIDE.
THERE'S, THERE'S A DITCH ALL THE WAY AROUND.
UH, HEALTH AND SAFETY SEEMS TO BE THE PRIMARY, THE FIRST THING WE'RE LOOKING AT.
AND TO BE HONEST, UH, YOU KNOW, IT LOOKS PRETTY DANGEROUS IF IT WAS A WALKING BY THE WAY THAT YOU'RE PROPOSING TO DO IT RIGHT NOW.
I'D FEEL A LOT MORE COMFORTABLE IF MAYBE YOU COULD, YOU KNOW, FIND A WAY TO MOVE THE FENCE BACK SOMEHOW SO THAT WE COULD, AND I, I THINK WE CAN ACCOMPLISH THAT WITH HOW EMOTIONS READ.
UM, IS THERE, SO WHAT WE'RE GONNA DO, SIR, AT THIS POINT IS WE'RE GONNA SEE IF THERE'S ANY PUBLIC COMMENTARY AND THEN WE'RE GONNA DELIBERATE.
OKAY? AND WE'LL SEE WHAT HAPPENS IS STAFF.
IS THERE ANYONE SENATOR TO SPEAK ANY VOICEMAILS? NO PUBLIC COMMENT.
SO, UM, YOU'RE WELCOME TO TAKE A SEAT, BUT I'M LOOKING FOR A MOTION ON THIS AND, AND I WOULD RECOMMEND READING IT AS REQUESTED AND WE CAN DO FRIENDLY AMENDMENTS IF WE NEED TO, UH, SCULPT IT.
COMMISSIONER MANOCK CASE REGARDING CASE NUMBER BO 8 2 3 1 0 0 0 1 8 8.
I MOVE TO THE BOARD OF ADJUSTMENT GRANT REQUEST FOR ONE A 17 FOOT VARIANCE FROM THE MINIMUM 20 FOOT GARAGE ENTRY SETBACK TO ALLOW A GARAGE TO HAVE A THREE FOOT ENTRY ON THE SIDE SETBACK AND TWO, A SEVEN FOOT THREE INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE SEVEN FEET NINE INCHES FROM THE SIDE YARD DRIVEWAY CURB SITUATED AT FIVE THROUGH NINE EL MONTE BOULEVARD.
UH, APPLICANT BEING SERGIO ATA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH AS THE LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE E D C AS AMENDED, WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
IN THIS CASE, THE INTEREST OF THE PUBLIC IS DEPICTED BY THE ENFORCEMENT GARAGE SETBACKS TO ENSURE THE VEHICLES DO INTERFERE WITH THE RIGHT OF WAY.
CLEAR VISION REQUIREMENTS TO ALLOW FOR THE SAFETY OF UNCOMMON VEHICULAR TRAFFIC.
SO 17 FOOT CLIN VARIANCE TO ALLOW A GARAGE TO HAVE A THREE FOOT ENTRY, UH, PROVIDES ADEQUATE DISTANCE AS THE VEHICLES WILL NOT INTERFERE WITH THE PUBLIC RIGHT OF WAY.
ADDITIONALLY, THE IMPOSING OF THE CLEAR VISION FIELD IS NOT CONTRARY AS SEVEN FOOT NINE INCH DOES NOT ALLOW FOR ADEQUATE SIGHT FOR ONCOMING VEHICLES.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE SPECIAL CONDITION FOUND ON THE SUBJECT PROPERTY IS THE LOCATION OF THE TREES IN THE REAR YARD PREVENTING THE PROPOSED GARAGE TO BE PUSHED BACK TO ADHERE TO THE ORDINANCE.
THIS WOULD RESULT IN UNNECESSARY HARDSHIP AS THE TREES WOULD NEED TO BE REMOVED AND THE REAR YARD SPACE WOULD BE DRAMATICALLY REDUCED.
AS FOR THE CLEAR VISION, THE SPECIAL CONDITION FOUND THAT THE PROPERTY WAS, UH, THE REPLACING OF PREVIOUS NONCONFORMING FENCE.
A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE FENCE WOULD NEED TO ALTER.
AND THE REAR YARD SPACE WOULD ALSO BE REDUCED.
BY GRANTING THE VARIANCE, THE SPEAR 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.
SUBSTANTIAL JUSTICE WILL BE SERVED AS A THREE FOOT GARAGE SETBACK WILL NOT INTERFERE WITH THE RIGHT OF WAY.
ADDITIONALLY, THE ALLOWANCE OF THE FENCE TO BE SEVEN FOOT NINE INCHES WILL NOT POSE HARM FOR VEHICLES REVERSING FROM THE ANTICIPATED GARAGE.
IF APPROVED FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WOULD BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT, WHICH IS PROPERTY IS LOCATED.
[01:45:01]
THE REQUESTED VARIANCES WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AND WON'T ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD AS A REQUESTED GARAGE SETBACK AND CLEAR VISION VARIANCES ARE HIGHLY LIKE UNLIKELY TO AFFECT THE, UH, PUBLIC RIGHT OF WAY AND VEHICULAR SAFETY.SIX APPLY TO THE OWNER OF THE PROPERTY FORGED THE VARIANCE AS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THIS PROPERTY IN UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN DISTRICT WHICH THIS PROPERTY IS LOCATED.
STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH OF VARIOUS SOUGHT DUE TO UNIQUE CIRCUMSTANCES AS EXISTING ON THE PROPERTY.
THE LOCATION OF THE TREES PREVENT THE APPLICANT FROM ABIDING THE MINIMUM 20 FOOT REQUIREMENT.
MOREOVER, THE APPLICANT HAS REPLACED THE EXISTING FENCE AND OF MOTION THERE A SECOND.
SECOND BY COMMISSIONER BONITA.
SO I, FOR A LOT OF AMENDMENTS, 'CAUSE I CAN OFFER A FEW MYSELF, IF I WAS GONNA GO DOWN THIS PATH, UM, YOU KNOW, TO ME CLEAR VISION IS IMPORTANT 'CAUSE THAT WAS KIND OF BROUGHT UP BY THE COMMISSIONERS THEMSELVES.
AND UM, YOU KNOW, I WOULD BE OKAY WITH A PREDOMINANTLY OPEN FENCE ALONG THAT WHOLE SIDE, OR AT LEAST, UM, WITHIN THE 15 FOOT AND THE SEVEN FOOT THAT WOULD GIVE ME SOME COMFORT AND THEN PUSHING IT BACK FIVE FEET, UM, MORE FROM THE FENCE, UM, WOULD GIVE ME ADDITIONAL COMFORT.
AND I THINK BETWEEN THOSE TWO, THAT WOULD PROVIDE, UM, A LITTLE BIT OF ADEQUATE FROM MY PERSPECTIVE FOR MEETING, UM, SOME OF THE SETBACK REQUIREMENTS AS WELL AS A CLEAR VISION REQUIREMENT.
BUT, BUT, BUT AGAIN, I'M OPEN TO ANY AMENDMENTS HERE IN THIS DIALOGUE.
OKAY? NO, I'M, I'M NOT MAKING ANY MOTIONS, BUT I'M JUST SAYING WHAT I WOULD BE INTERESTED IN, I THINK AT THIS POINT.
I MEAN, I, BECAUSE HE CAN BUILD THIS THING BACK, I, I I, IT, I FEEL IT'S, IT'S HARD FOR ME TO ENTERTAIN MUCH OF ANY OF A, OF A SETBACK VARIANCE.
UH, AND MOSTLY BECAUSE THERE'S A SIDEWALK RIGHT ON THE PROPERTY LINE, YOU KNOW, AND, AND THERE'S A LARGE TREE THERE AND I GET CONCERNED WITH VEHICLE OVERHANG AND I JUST, UH, I WOULD, I WOULD JUST SAY STRIKE ITEM ONE ALTOGETHER.
I MEAN, I'D BE OPEN TO A, A, A A TWO FOOT VARIANCE BECAUSE, YOU KNOW, SOME CARS ARE 18 FEET OR LESS.
BUT THAT'S ABOUT ALL I I COULD GIVE ON THAT AS FAR AS A CLEAR VISION THERE.
THERE'S, I I CAN'T SWAY ON THAT.
I MEAN IT'S, THERE'S JUST, IT'S JUST WITH, WITH A, WITH A WOOD FENCE THERE AND THAT LARGE TREE BY THE SIDEWALK.
BUT SEE IT'S A SAFETY PROBLEM.
SO, BUT IF WE WENT PREDOMINANTLY OPEN WITH REGARDS TO THE FENCE, WOULD THAT, HE WOULD, HE WOULD HAVE TO.
WE CAN'T PUT THAT AS A CONDITION AND THAT DOESN'T MEET ANY OF THE CODE
IS THERE A WAY FOR HIM TO ADJUST HIS APPLICATION? RIGHT.
YOU CAN'T, YOU YOU CAN'T MAKE HIM DO YEAH.
SO, SO IF WE STRIKE THE CLEAR VISION, THEN THE ONLY WAY THAT HE COULD DO THAT WOULD BE, UM, THAT HE WOULD HAVE TO HAVE IT THREE FOOT HEIGHT, UM, AND THEN THAT, THAT WOULD BE THE, THE HEIGHT OF THE FENCE, CORRECT? WELL WHAT IF WE, IF WE DID A FIVE FOOT VARIANCE OF THE CLEAR VISION AND THEN HE HAS TO HAVE AN ANGLED FENCE, BUT HE ONLY HAS LIKE SEVEN AND A HALF FEET FROM THE SIDE OF WHERE HE WOULD LIKE THE GARAGE TO THE, TO THE PROPERTY BACK CORNER, IS THERE A WAY TO ACCOMPLISH AN ANGLE FOR IT TO MEET? YEAH, SO IF YOU PUSH HIM, IF YOU PUSH HIS CLEAR VISION BACK ANOTHER FIVE FEET TO MAKE IT, UM, SO HE WOULD HAVE TO START THAT ANGLE FROM THAT FIVE FEET, WHICH IS A LOT LESS THAN THE 15 FEET.
BUT HE STILL HAS THE FENCE FROM THE NEIGHBOR IN THE WAY.
I MEAN I'D BE OPEN TO A A 10 FOOT VARIANCE ON THE, I MEAN, I'M SORRY, A FIVE FOOT VARIANCE ON THE CLEAR VISION JUST TO FORCE HIM TO MOVE THE ANGLE BACK A LITTLE.
SO I'LL, I'LL OFFER A FRIENDLY AMENDMENT TO GIVE HIM A TWO FOOT VARIANCE ON THE SETBACK AND THEN A, A A A 10, A FIVE FOOT VARIANCE ON THE CLEAR VISION.
I MEAN I, WHAT DO Y'ALL THINK? CAN YOU PUT THE DRAWING BACK OF THE, UH, THE SLIDE WITH THE DRAWING? SO WHAT YOU'RE, WHAT YOU'RE SAYING IS TO MOVE THE SLAB BACK FROM THE STREET BACK FIVE FEET? WELL, HE WOULDN'T HAVE TO MOVE THE SLAB 'CAUSE YOU CAN USE IT TO DRIVE ON.
HE WOULD JUST HAVE TO EXTEND IT FIVE FEET TO THE BACK MORE THAN FIVE.
I I I'M OFF, SEE IF HE DOES A GARAGE, HE HAS TO HAVE 20 FROM THE FACE OF THE GARAGE DOOR TO THE PROPERTY LINE.
IF HE DOES IT AS A CARPORT, HE DOESN'T NEED TO HAVE THAT MUCH.
IF HE DOES IT AS A COVERED, IF HE DOES IT AS A STORAGE BUILDING, IT ONLY NEEDS TO BE FIVE FEET.
IF THERE'S NO CORRECT VEHICULAR ACCESS COMPONENT.
SO THERE'S OPTIONS FOR HIM TO DO SOMETHING.
'CAUSE HE HAD MENTIONED THAT HE NEEDS STORAGE AND HE, AND HE WOULD LIKE TO HAVE A PARKING AREA.
BUT I THINK THAT IF HE WERE TO EXTEND THE SLAB BACK AND THEN HE COULD THEN DECIDE LIKE MAYBE HE PUTS A STORAGE ON ONE PIECE OF IT AND DRIVE.
[01:50:01]
I THINK, BUT HE, HE CERTAINLY HAS A ROOM.BUT HE WOULD HAVE TO EXTEND THE CONCRETE.
YEAH, HE'D HAVE TO CONSTRUCT SOME MORE.
UNLESS HE, UNLESS HE DOESN'T WANT A GARAGE.
AND, AND I THINK COMMISSIONER'S RECOMMENDATION WAS TO PUSH IT BACK ESSENTIALLY, UH, 15 FEET IF I UNDERSTOOD CORRECTLY.
I MEAN, AND THAT'S IF HE THREE FOOT PLUS THE, IF HE WANTS A GARAGE, RIGHT? IF HE WANTS A CARPORT, IT'S NOT GONNA BE, IT'S NOT AS BAD.
SO DO WE NEED TO GET HIM UP HERE AND WELL, I MEAN I, I JUST CAN'T, I CAN'T BE IN SUPPORT OF, OF THIS PARTICULAR ONE BECAUSE HE HAS SO MUCH ROOM TO PUT THE GARAGE AND HAVE IT BE FULLY COMPLIANT.
I MEAN I JUST CAN'T, I DON'T, I DON'T SEE A HARDSHIP HERE.
AND THE CLEAR VISION, I MEAN SAFETY, IT'S A SAFETY THING.
AND YOU GOT THE, YOU GOT NEIGHBORS THAT HAVE A FENCE THAT YOU CAN'T CONTROL.
THERE'S A BIG TREE THAT, THAT'S IN THE PUBLIC RIGHT OF WAY AND THEN, AND IT'S, AND THIS PROPERTY LINE IS VERY CLOSE TO THE BACK OF THE SIDEWALK.
I I SEE WHY STAFF'S RECOMMENDING DENIAL.
SO I MEAN, THAT'S JUST MY 2 CENTS.
I MEAN I, SO IF I HEARD CORRECTLY, THE, THE MOTION OR THE, UH, FRIENDLY AMENDMENT WAS A TWO FOOT VARIANCE FROM THE MINIMUM 20 FOOT GARAGE SETBACK AND THEN, UM, A FIVE FOOT, FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT MM-HMM.
AND, AND THE SECOND COMMISSIONER BONITA, WOULD YOU ACCEPT THAT? I ACCEPT THAT.
SO BUT THE MOTIONS, SO JUST SO YOU KNOW THAT THE MOTION HAS NOW BEEN CHANGED SO THAT IT'S A TWO FOOT VARIANCE, UH, FROM THE 20 FOOT SETBACK TO ALLOW A FACE OF GARAGE TO BE 18 FEET BACK AND THEN A, UM, 10 FOOT VARI FIVE FOOT VARIANCE TO THE 15 FOOT CLEAR VISION, UH, TO HAVE 10 FEET OF CLEAR VISION.
SO THAT'S THE NEW MOTION? YES.
COMMISSIONER ZUNIGA, IT'S NEW MOTION.
UH, I WOULD BE MORE COMFORTABLE MM-HMM.
WELL, HE WOULDN'T HAVE TO WAIT A YEAR, RIGHT? NO, NO, NO.
'CAUSE IF HE WANTED TO BUILD A STORAGE BUILDING THAT IT DOESN'T MATTER WHAT WE DO TODAY.
IT SO, SO IF THERE'S NOTHING ELSE, UH, SEVERAL WILL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT AS AMENDED.
MS. BEN VENUS, I CONCUR WITH THE FINDINGS WITH THE AMENDMENTS.
MR. SPIELMAN, I CONCUR WITH THE AMENDMENT.
MR. MANCHACA, I CONCUR WITH THE AMENDMENT.
MS. CRUZ, I CONCUR WITH THE AMENDMENT.
MR. ZIKA, I CONCUR WITH THE AMENDMENT.
MR. ZUNA, I CONCUR WITH THE AMENDED MOTION.
MR. VASQUEZ, I CONCUR WITH THE AMENDMENT.
MR. BOEZ, I CONCUR WITH AMENDMENT CHAIR ORIAN AND I CONCUR WITH THE AMENDMENT.
UM, WHERE'S THE APPLICANT AT? OH YEAH, IF YOU COULD WITH STAFF THEY CAN HELP, UH, EXPLAIN WHAT WE JUST DID AND WHAT YOUR OPTIONS ARE MOVING FORWARD.
Y'ALL LIKE TO HEAR ONE MORE OR TAKE A BREAK NOW CAN WE TAKE A BREAK? OKAY, WE'RE GONNA TAKE A BREAK.
WE'LL SEE Y'ALL IN ABOUT NINE MINUTES.
I CALL THE MEETING, UH, BACK INTO SESSION.
I BELIEVE WE'RE ON ITEM NUMBER SIX.
YES, BO 8 23 1 0 3 0 0 9 1 1 9 1 9 1 ADDRESS IS 1 8 1 7 SOUTH PRESTA COUNCIL DISTRICT FIVE APPLICANT IS HERRERA JUAN AND TIA HERRERA.
A REQUEST FOR ONE A SEVEN FOOT 10 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE TWO FEET, TWO INCHES FROM THE FRONT PROPERTY LINE AND TWO A THREE FEET SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE FEET SIX INCHES WITH ONE FOOT OVERHANG WITH GUTTERS FROM THE SIDE PROPERTY LINE AND THREE A FOUR FOOT EIGHT INCH VARIANCE FROM THE MINIMUM AND 15 FEET CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE 10 FEET FOUR INCHES FROM THE CURB.
THE ZONING IS R FOUR RESIDENTIAL SINGLE FAMILY CASE SUMMARY.
THE SUBJECT PROPERTY IS LOCATED ALONG SOUTH SPRING STREET, SOUTH OF WEST CAESAR CHAVEZ BOULEVARD ON THE WEST SIDE OF SAN ANTONIO.
THE APPLICANT BEGAN CONSTRUCTION A DETACHED CARPORT BUT WAS HALTED BY CODE ENFORCEMENT FOR BUILDING WITHOUT A PERMIT.
STAFF DID NOT OBSERVE ANY SIMILAR CARPORTS IN THE AREA.
ADDITIONALLY, AN EXISTING FENCE WAS ENCROACHING INTO THE CLEAR VISION MEASURING AT 10 FEET FOUR INCHES FROM THE CURB.
AND THE DRIVEWAY DEPTH IS APPROXIMATELY 27 FEET
[01:55:01]
FROM THE FRONT PROPERTY LINE.THIS IS YOUR SITE PLAN WITH YOUR VARIANCES AND YOUR SUBJECT PROPERTY AND THE ALTERNATE VIEW, ANOTHER ALTERNATE VIEW.
AND THIS IS YOUR SIDE SETBACK MEASUREMENT AND THIS IS YOUR OVERHANG AND YOUR CLEAR VISION MEASUREMENT.
STAFF RECOMMENDATION FRONT INSIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO O 8 23 1 0 3 0 0 1 9 1 BASED ON THE FOLLOWING FINDINGS, THE PROPERTY HAS SUITABLE SPACING TO MEET THE REQUIRED SETBACKS AND TWO, NO OTHER SIMILAR CAR PORTS WERE OBSERVED IN THE AREA.
STAFF RECOMMENDATION, CLEAR VISION VARIANCE.
STAFF RECOMMENDS APPROVAL AND B O A 23 1 0 3 0 0 1 9 1 BASED ON THE FOLLOWING FINDINGS, VE TRAFFIC WILL NOT BE OBSTRUCTED WITH THE REDUCED CLEAR VISION AND NOTIFICATION PLAN.
ZERO IN FAVOR, ZERO IN OPPOSITION AND PROSPECT HILL NEIGHBORHOOD ASSOCIATION IS IN FAVOR.
THIS CONCLUDES STAFF PRESENTATION AND APPLICANT SHOULD BE AVAILABLE.
ALRIGHT, IS THERE ANY QUESTIONS FOR STAFF BEFORE WE GO ON TO THE APPLICANT.
HEARING NONE, LET'S HAVE THE APPLICANT COME FORWARD PLEASE.
WE'RE GONNA NEED SPANISH TRANSLATION SERVICES.
IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE.
MY NAME IS JUAN HERRERA, SOUTH SPRING.
MY ADDRESS IS, UH, FIVE 15 SOUTH SPRING AND I'M HERE BECAUSE THEY ARE REQUESTING ME TO REDUCE THE SPACE AND I WANT TO TALK ABOUT IT.
AND AS YOU CAN SEE, THERE ARE NO TREES OR ANYTHING.
AND, UM, NEPHEW OF MY WIFE CAME OVER AND WE THOUGHT THAT IT WAS EASY, JUST GO AHEAD AND DOING IT.
AND HONESTLY, I DIDN'T KNOW I HAVE TO WORK EVERY DAY.
I DIDN'T KNOW THAT I NEEDED A PERMIT.
AND I DON'T HAVE ANY KIND OF PROBLEMS WITH MY NEIGHBORS.
I TOLD THEM THAT IF THEY HAD ANY ISSUE, THEY COULD LET ME KNOW AND THEY DIDN'T.
I, THERE IS NOTHING ELSE I CAN DO.
WELL, LET'S, WELL FIRST LET'S SEE IF WE HAVE ANY QUESTIONS FROM THE COMMISSION.
IS THERE ANYONE WHO HAVE A QUESTION? QUESTION FOR THE APPLICANT? CRUZ, COMMISSIONER CRUZ? UH, THE ROOF TO THE CARPORT ON THE RIGHT HAND SIDE TO, IF YOU'RE LOOKING AT THE FRONT OF THE HOUSE TO THE RIGHT, IS THAT NAME.
HOW FAR APART IS THE ROOF FROM THE NEIGHBOR? SIX FEET.
AND WOULD HE HAVE A PROBLEM PUTTING IN GUTTERS IF WE, IF, UH, THAT WOULD BE EASIER.
YOU, I WOULDN'T HAVE ANY PROBLEM DOING IT, BUT MY NEIGHBORS DOESN'T HAVE ANY ISSUE IN THE WAY IT IS RIGHT NOW.
UH, SO THE RAIN DOES NOT GO INTO HER YARD? NO.
COMMISSIONER BENAVIDES, CAN YOU GO TO THE FRONT PHOTO OF THE, YEAH, SO THE TREE, SO THE GATE OPENING IS NOT, IS OFFSET BY THE FRONT OF THE, AND ALSO THERE'S A TREE THERE.
DOES HE PLAN ON REMOVING THAT BUSH THAT'S THERE?
[02:00:01]
THE THREE, I ONLY TRIM IT.IT DOESN'T, IT IS NOT A MASTER, BUT IF YOU LOOK AT THE FENCE, THE OPENING, HOW IS HE GETTING INTO THE CARPORT? IS IT, IT LOOKS LIKE IT'S OFFSET CENTER.
IT IS THE ANGLE OF THE PICTURE.
CIA, ANY OTHER QUESTIONS? MANNA COMMISSIONER MANNA, UM, IF WE GO TO THE NEXT PICTURE ON THE SUBJECT PROPERTY.
SO, SO IS THE, SO IT APPEARS THAT THE CARPORT, IS IT ATTACHED TO THE ORIGINAL ROOF OF THE HOUSE? NO, IT'S NOT.
ALL THE WAY OF THE ROOF IS IN THE BEAMS. SO, SO IT LOOKS LIKE BEFORE THE CARPORT WAS THERE, THE RAIN FELL OFF OF THE PREVIOUS ROOF, FRONT AND BACK.
AND NOW IT LOOKS LIKE YOU'RE MOVING IT TO THE SIDE.
WOULD THAT BE TRUE? SO IF YOU GO TO THE PREVIOUS PICTURE, I THINK, YEAH, THERE WE GO.
SO, SO WE CAN SEE THE PRIOR ROOF, UM, WAS FRONT TO BACK SLOPED.
AND YOUR NEW ROOF IS SLOPED SIDE TO SIDE.
I'M SORRY, I DON'T UNDERSTAND THE QUESTION.
WELL, I GUESS I'M FOLLOWING UP WITH REGARDS TO THE PRIOR DIALOGUE FROM MS. CRUZ WITH REGARDS TO THE RUTH AND THE WATER RUNOFF.
AND ONE THING, BECAUSE IT IS SO CLOSE TO YOUR NEIGHBOR'S PROPERTY, UM, WE LIKE TO DISCOURAGE WATER RUNNING ONTO NEIGHBOR'S PROPERTY.
AND THEN, UM, TO MITIGATE THAT, UH, WE'D LIKE TO HEAR FROM THE APPLICANTS WITH REGARDS TO THE INSTALLATION OF GUTTERS.
SO, SO I'M GONNA, I'M GONNA, I'LL INSTALL, I'M GONNA EXPAND ON HIS LINE OF QUESTIONING.
SO HE HAS, YOU HAVE AN EXISTING, UM, UM, ROOF AND THEN YOUR, YOUR, YOU HAVE ANOTHER, THIS ROOF OF YOUR CARPORT, WHICH IS TURNED 90 DEGREES ON THE PITCH, IT LOOKS LIKE YOUR ROOF IS FLOATING AND IT, AND IT EXTENDS PAST AND TOUCHES THE TOP GABLE OF THE, OF THE EXISTING ROOF.
IS THAT WHAT IT'S HAPPENING? I THINK SO.
UH, 'CAUSE SO IS IT, IS IT, IS IT CONNECTED? LIKE DO THE, DO THE SHINGLES CROSS OVER AND NO, THEY'RE NOT CONNECTED? IT LOOKS LIKE IT'S ATTACHED, BUT IT'S NOT.
HAS THERE ANY OTHER QUESTIONS? MENCHACA, COMMISSIONER MENCHACA, UH, WHY SO HIGH? IT'S HIGHER THAN THE, THAN THE OTHER PORCH BECAUSE I SAW ONE LIKE THIS AND I LIKED IT, SO I JUST DID IT THE SAME WAY.
ANYONE ELSE? WELL, UM, IS THERE ANYTHING ELSE YOU'D LIKE TO, TO TELL US BEFORE WE DELIBERATE? NO, THAT'S OKAY.
I, I WILL STATE THAT I'M GONNA HAVE A HARD TIME, UH, GOING THROUGH THE DIALOGUE IF WE DON'T AT LEAST TALK ABOUT GUTTERS.
AND WOULD THE, WOULD THE APPLICANT BE OPEN TO AMENDING THEIR APPLICATION TO INCLUDE GUTTERS? YES, I WILL INSTALL THE GUTTERS.
SO HE'S FORMALLY, HE NEEDS TO STATE THAT HE'S FORMALLY AMENDING HIS APPLICATION TO INCLUDE GUTTERS.
I FORMALLY AMEND MY APPLICATION TO INSTALL GUTTERS.
SO WE HAVE AN APPLICATION THAT NOW
[02:05:01]
INCLUDES GUTTERS, ZUNIGA ALSO ON THAT TREE, HE'S GONNA HAVE TO CUT IT DOWN.UM, ENOUGH FOR, FOR THE CLEAR VISION.
YOU MEAN THAT, UH, ON THE RIGHT SIDE OF THAT LARGE BUSH? YEAH.
THREE FOOT TO FOUR FOOT OR THREE FOOT TO SEVEN FOOT STAFF.
DOES VEGETATION COUNT TOWARDS CLEAR VISION? NO, SIR.
UH, UH, UM, ARE REALLY, UM, I THOUGHT IT WAS THREE FOOT TO SEVEN FOOT.
YOU HAD TO HAVE THREE FOOT SEVEN FOOT CLEAR VISION FOR ANY SHRUBBERY IN THAT CLEAR VISION FIELD.
CLEAR VISION IS, UH, FOR FENCES OVER THREE FEET.
BUT, BUT YOU CANNOT, MY UNDERSTANDING IS YOU CAN'T HAVE VEGETATION IN THAT CLEAR VISION AREA BETWEEN THREE AND SEVEN FOOT.
OH, WHAT SECTION IS THE U D C? IS THAT, UH, I DON'T HAVE IT MEMORIZED.
I WAS JUST LOOKING AT THIS PAST WEEKEND, WE HAVE A HOME IN OUR NEIGHBORHOOD OR AN INTERSECTION IN OUR NEIGHBORHOOD THAT'S KIND OF GOING THROUGH THAT CHALLENGE RIGHT NOW MYSELF.
IS THAT IN THE, UH, INFRASTRUCTURE, LIKE THE DRIVEWAY AREA? I THINK IT'S UNDER 5 0 6, PERHAPS 35.
LANDSCAPING SAYS THAT ANY PLANTING PLACED IN THE CLEAR VISION AREA MUST COMPLY WITH THE STRICT, WITH THE RESTRICTIONS CONTAINED IN 35 5 0 6.
SO, YEAH, SO WHICH IS THREE FOOT TO FIVE, THREE FOOT TO SEVEN FOOT HAS TO BE OPEN, RIGHT? SO SHAVED OR WHATEVER.
I, IT DOESN'T REALLY GIVE A LOT OF DETAILS WITH REGARDS TO, I WOULD ASSUME PREDOMINANTLY OPEN IN THAT SPACE, WHICH WOULD BE SHAVED.
LET ME, UH, MR. CHAIRMAN, LET ME ASK A QUESTION.
ON THE, ON THE TREE THERE, HE HAS TO TRIM IT DOWN BELOW THREE FEET SO WE CAN SEE THE, OR IF HE'S GONNA, HE, I THINK HE MENTIONED IT THAT HE MIGHT CUT IT ALL THE WAY DOWN.
BUT IF YOU ASK FOR IT, WELL, GOING TO HAVE TO TRIM IT ALL THE WAY DOWN TO THREE FEET.
WELL, DEPENDING ON HOW, WHAT WE APPROVE, IF IT'S IN THE AREA, IT NEEDS TO BE, OH, NO, GOOD.
BUT YEAH, IT, IT IS ALL GONNA DEPEND ON WHAT MOTION, UH, IS READ AND IF IT GETS APPROVED, THAT'LL SET THE TONE FOR WHAT HAS TO BE REMOVED OR WHAT DOESN'T.
SO, UH, I THINK THAT WE'RE AT A POINT WHERE WE'RE, WHY DON'T WE HAVE SOMEONE READ A MOTION WHERE THEY THINK WOULD BE, UM, AMICABLE TO THE COMMISSION AND WE'LL TAKE IT FROM THERE, MAN.
COMMISSIONER MANNA
YOU HAVE TO READ THE MOTION OFF THE PRESENTATION HERE.
WHAT? YOU CAN HAVE TO READ IT OFF THE PRESENTATION, JUST NOT ON THE MOTION.
1 9 1 SITUATED AT IT DOESN'T SAY WHAT THE MOTIONS ARE, IT JUST SAYS, OH, YEAH, I SEE WHAT YOU'RE SAYING.
SO RE UH, REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 1 9 1, I MOVED THE BOARD OF ADJUSTMENT GRANT REQUEST FOR, UM, A SEVEN FOOT 10 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE TWO FOOT TWO INCHES FROM THE FRONT PROPERTY LINE WITH GUTTERS TO A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE FOOT SIX INCHES WITH ONE INCH OVERHANGS WITH GUTTERS FROM THE SIDE PROPERTY LINE.
AND THREE, A FOUR FOOT EIGHT INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT FOR A PREDOMINANTLY OPEN FENCE TO BE 10 FOOT FOUR INCHES FROM THE CURB, UH, LOCATED AT FIVE 15 SOUTH SPRING STREET.
APPLICANT BEING JUAN HERRERA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CARE PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE E D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE FOR THE PUBLIC.
IN THIS CASE, THE PUBLIC INTEREST REPRESENTED, UH, REPRESENTED BY SETBACK REQUIREMENTS TO PREVENT WATER RUNOFF AND ADEQUATE SPACING BETWEEN PROPERTIES.
[02:10:01]
THE APPLICANT'S REQUESTED A VARIANCE TO THE FRONT SETBACK AND SIDE TO ALLOW A DETACHED CARDBOARD TO BE TWO FEET, TWO INCHES FROM THE FRONT PROPERTY LINE AND ONE FOOT SIX INCHES, UH, WITH ONE INCH OVERHANG WITH GUTTERS FROM THE SIDE PROPERTY LINE.THE CARPORT IN ITS CURRENT LOCATION HAS ADEQUATE SPACING FROM THE SIDE AND FRONT PROPERTY LINE.
THE APPLICANT IS ALSO REQUESTING A CLEAR VISION VARIANCE TO ALLOW AN EXISTING FENCE TO BE 10 FEET FOUR INCHES FROM THE CURB.
STAFF FINDS THAT THE REQUEST WILL NOT BE CONTRARY TO THE PUBLIC INTEREST AS THIS IS AN, AN ACCEPTABLE DISTANCE AND THE FENCE IS MADE OF PREDOMINANTLY OPEN MATERIALS.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
STAFF FINDS SPECIAL CONDITIONS ON THE SUBJECT PROPERTY.
THE CURRENT SIZE OF THE LOT LIMITS THE DEVELOPMENT OF A CARPORT, MEANING THE REQUIRED SETBACKS WOULD NEGATIVELY IMPACT ITS SIZE AND USE.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ALTERING THE FENCE TO MEET THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT FOR THAT DRIVEWAY.
THIS WOULD RESULT IN UNNECESSARY HARDSHIP AS A FENCE IS EXISTING AND THERE IS LIMITED SPACING IN THE FRONT YARD TO COMPLY WITH REQUIREMENT THREE.
BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN EXACT LETTER OF THE LAW.
THE GRANTING OF THE FRONT AND SIDE SETBACK VARIANCE MAY OBSERVE THE SPIRIT OF THE ORDINANCE.
THE LOT IN ITS CURRENT SIZE LIMITS THE DEVELOPMENT OF A CARPORT.
THE CLEAR VISION REQUEST TO ALLOW FENCE TO BE 10 FEET FOUR INCHES FROM THE CURB WILL OBSERVE THE SPIRIT OF THE ORDINANCE BY PROVIDING A SAFE DISTANCE BETWEEN THE TWO POINTS, ALLOWING VEHICULAR TRAFFIC TO BE NOT OBSTRUCTED.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED.
AND THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED 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 HIS PROPERTY IS LOCATED.
GRANTED THE CARPORT WILL BE TWO FEET, TWO INCHES FROM THE FRONT PROPERTY LINE AND ONE FOOT SIX INCHES WITH ONE INCH OVERHANG.
UH, WITH GUTTERS FROM THE SIDE PROPERTY LINE, THE DISTANCE OF THE CARPORT FROM ADJACENT PROPERTY IS REASONABLE AND THE INSTALLATION OF GUTTER WILL MITIGATE THE WATER RUNOFF.
THE REQUEST WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
IF GRANTED, THE CLEAR VISION DISTANCE WILL BE 10 FEET FOUR INCHES FROM THE CURB.
THIS DISTANCE OF THE FENCE IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THESE FENCES IN THE AREA WERE OBSERVED.
THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS 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 AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS LIMITING LIMITED SPACING ON THE PROPERTY, MEANING THE SETBACKS REQUIRED WILL NEGATIVELY IMPACT THE USE OR NEGATIVELY AFFECT, I'M SORRY, THE USE OF THE CARPORT, THE APPLY TO THE OWNER PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON PROPERTY SUCH AS HAVING SMALL FRONT YARD AND OF MOTION.
SECOND BY COMMISSIONER ZUNIGA.
SO, UM, I'LL, I'LL BE APPROVING THIS AS READ AND I THINK FOR A COUPLE REASONS.
ONE IS, UM, IT DOESN'T SEEM OUTTA CHARACTER WITH WHAT I SAW IN THE, IN THE COMMUNITY AS I GOOGLE DROVE AROUND.
UM, SECOND IS, UM, YOU KNOW, I I THINK THAT THE, THE, WHERE THE PLACEMENT OF THE CARPORT IS, UM, IN, UM, I GUESS IN CON NEXT TO ITS EXISTING NEIGHBORS, I, I DON'T THINK WILL IMPACT THEM AS, ESPECIALLY IF WE FOLLOW THE CLEAR VISION REQUIREMENT OF, OF, OF MINIMIZING THAT BUSH AND HAVING THE PREDOMINANTLY OPEN FENCES, UH, AROUND IT.
COMMISSIONER ZUNIGA? YES, I CONCUR THE SAME.
UH, BUT HOPEFULLY, UH, THE APPLICANT, UH, FOLLOWS THE LAWS OF OUR NATION AND LAWS THAT MUNICIPALLY THE NEXT TIME THAT HE BILLS.
ANYONE ELSE LIKE TO ADD UNA COMMISSIONER ZUNA? YES.
SO I'LL BE IN, UH, SUPPORT OF THE MOTION AS READ AS WELL.
UM, I THINK THE MAJOR ISSUE FOR ME WAS THE, THE GUTTERS AND THE WATER AND THERE'S ENOUGH SETBACK IN THE FRONT SO IT DOESN'T IMPACT THE NEIGHBORS.
AND WE SAW NO OPPOSITION FROM EITHER NEIGHBORS ASSOCIATION OR THE MOST THE NEIGHBORS MOST IMPACTED.
AND WITH THE HIM REMOVING THAT TREE, I THINK IT CLEARS THAT CLEAR, CLEAR VISION ISSUE FOR ME.
AND IT'S PREDOMINANTLY OPEN A GARAGE, SO, UH, I'LL BE SUPPORTING IT.
IF THERE'S NOTHING ELSE, LET'S HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
[02:15:02]
I CONCUR UP AND DOWN.CHAIR ORIAN AND I CONCUR WITH THE FINDING PIECE OF FACT.
UM, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
SO WE'RE GOING TO, WE'RE GONNA HEAR ITEM NUMBER 15 AT THIS TIME.
WE'RE GONNA GO THROUGH ALL OF THEM OR NO, JUST THAT ONE.
MY NAME IS ASHLEY LIAL, WOMEN SERVICES.
APPLICANT MANANA SOHI IS REQUESTING FOR AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE SHORT-TERM RENTAL PERMIT LOCATED AT THE, LOCATED AT 36 0 2 MANWAY BAY ZONED RESIDENTIAL SINGLE FAMILY DISTRICT IN COUNCIL DISTRICT THREE.
THE SUBJECT PROPERTY INITIALLY APPLIED FOR A SHORT-TERM RENTAL PERMIT ON SEPTEMBER 16TH, 2021, AND WAS APPROVED BY STAFF ON NOVEMBER 8TH, 2021.
OPERATORS ARE REQUIRED TO REPORT REVENUES TO THE CITY'S FINANCE DEPARTMENT ON A MONTHLY BASIS.
THIS INCLUDES REPORTING $0 IN REVENUE.
THE CITY'S FINANCE DEPARTMENT WHO MANAGE AND REPORT WHO MANAGES REPORTING AND COLLECTIONS SERVICES FOR THE CITY OF SAN ANTONIO, NOTIFIED THE OWNER OF THE S T R OF DELINQUENT PAYMENTS OR REPORTS ON THEIR HOTEL OCCUPANCY TAX ACCOUNT VIA EMAIL ON MARCH 15TH, 2023.
SECTION 16 DASH 10 D STATES THAT FAILURE TO TIMELY REPORT AND PAY HOTEL OCCUPANCY TAX WITHIN 90 DAYS SHALL RESULT IN PERMIT REVOCATION.
NO PAYMENT WAS MADE WITHIN THE 90 DAYS, THEREFORE THE PERMIT WAS REVOKED ON JUNE 29TH, 2023.
IN ACCORDANCE WITH SECTION 16 DASH 1111 OF THE CITY'S CODE OF ORDINANCES, THE CITY'S FINANCE DEPARTMENT ESTIMATES THAT $24,667 AND 80 CENTS IS OWED HOTEL OCCUPANCY TAX.
THIS IS THE DELINQUENCY NOTICE SENT TO THE OWNER ON MARCH 15TH, 2023 FROM THE CITY'S FINANCE DEPARTMENT.
THIS IS THE SITE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION.
THIS IS THE SUBJECT PROPERTY AND THE NEXT THREE SIDES OF THE SURROUNDING AREAS.
AS YOU CAN SEE, IT'S ALSO IN A RESIDENTIAL DISTRICT.
STAFF RECOMMENDS DENIAL IN BO O A DASH 23 DASH 0 3 0 1 99 BASED ON THE FOLLOWING FINDINGS OF FACT, THE ORDINANCE REQUIRES THAT STAFF REVOKE THE PERMIT FOR THE VIOLATION DESCRIBED IN THIS PRESENTATION.
THE OWNER OPERATOR OF THE SHORT-TERM RENTAL PERMIT VIOLATED THE S T R ORDINANCE BY FAILING TO TIMELY REPORT REVENUES AND PAY THE ASSOCIATED HOTEL OCCUPANCY TAX PAYMENTS.
AND THE OWNER OPERATOR FAILED TO COMPLY WITH THE ORDINANCE EVEN AFTER ATTEMPTS WERE MADE TO INFORM THE APPLICANT ON MARCH 15TH, 2023 BY CITY STAFF.
32 NOTICES WERE MAILED OUT, ZERO IN FAVOR, ZERO IN OPPOSITION.
AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET.
THIS CONCLUDES STAFF PRESENTATION.
APPLICANT IS HERE TO ANSWER ANY QUESTIONS AND THE CITY FINANCE DEPARTMENT IS ALSO PRESENT FOR ANY HOT ACCOUNT RELATED QUESTIONS.
SO JUST TO PUT THIS OUT THERE, THEY GOT THEIR SS D R PERMIT NOVEMBER, 2021.
UH, SO WHEN DID THEY, WHEN, HOW OFTEN DID THEY REPORT? WHAT MONTHS DIDN'T THEY REPORT? SO THEY'RE SUPPOSED TO REPORT MONTHLY, EVEN IF THEY MAKE ZERO REVENUE AND THEY HAVE NOT REPORTED SINCE FEBRUARY OF 2023.
SO THEN THEY, OKAY, SO NOTHING SINCE FEBRUARY OF 2023? CORRECT.
ANY OTHER QUESTIONS FOR STAFF BEFORE WE HAVE THE APPLICANT COME UP? UNA COMMISSIONER ZUNA.
SO THE, THE ARREARS THAT THE CITY IS CLAIMING ON THE HOTEL, UH, TAXES, IS THAT FROM THE PERIOD OF, OF, UH, FEBRUARY TO FORWARD OR IS THAT FORDY BACK PERIODS AS WELL? I BELIEVE THE ESTIMATES FROM FEBRUARY, 2023 TO PRESENT THE ESTIMATES THAT IT'S OWED.
AND, UM, FINANCE DEPARTMENT IS ALSO HERE TO ELABORATE.
SO LET'S HAVE THE APPLICANT COME UP.
IF YOU CAN TELL US YOUR NAME AND TELL US ABOUT YOUR CASE.
UM, I APPLIED FOR THIS SHORT TERM RENTAL IN, UH, SEPTEMBER OF 2021.
UM, JUST TO GIVE YOU A QUICK KIND
[02:20:01]
OF BACKGROUND ON HOW IT CAME ABOUT IS THE PROPERTY IS OWNED BY A COUSIN OF MINE WHO WAS, UH, GONNA RENT THE PROPERTY OUT AND, UH, JUST KIND OF CONVINCED ME TO RENT IT FROM HIM AND PUT IT UP, UM, AS A SHORT TERM RENTAL.UM, THIS ISN'T SOMETHING THAT I'VE DONE IN THE PAST.
UH, IT WAS SOMETHING THAT I WAS OPEN TO TRY AND LEARN ABOUT.
UM, I DO OPERATE A WEDDING PRODUCTION COMPANY THAT IS MY FIRST AND FOREMOST PRIORITY.
UM, AND AS I WAS LEARNING THROUGH THE PROCESS AND GETTING THE PERMITS AND DOING EVERYTHING I NEEDED TO DO, UM, I FOLLOWED THOSE STEPS TO MY, UM, KNOWLEDGE THE BEST THAT I COULD.
AND I THINK IN FEBRUARY, 2023, UM, I HAVE BEEN TRAVELING OUT OF THE COUNTRY FOR MY WORK.
I THINK IT'S BEEN ABOUT SEVEN DIFFERENT COUNTRIES UP UNTIL NOW.
UM, I DON'T KNOW IF ANY NOTICES WERE MAILED TO THE HOME ITSELF, UM, BUT I'M NOT THERE PERSONALLY.
UM, AND MY ASSUMPTION, AND I, I FAILED TO ASSUME WAS THAT I WOULD BE ABLE TO PAY TAXES.
I ALWAYS HAD THE INTENTION OF KNOWING THAT IT'S SOMETHING I HAVE TO DO AND THAT I WILL DO IT.
UM, I JUST DIDN'T KNOW THAT THERE WAS AN ACTUAL TIME CLOCK AND THAT IT WAS DUE EVERY 30 DAYS.
UM, AND I'M ACTUALLY, YOU KNOW, GRATEFUL TO HAVE THIS KIND OF COME ABOUT TO KNOW EXACTLY WHAT I NEED TO DO MOVING FORWARD.
I HOPPED ON A 2 45 FLIGHT TO BE HERE TODAY TO JUST TAKE THE ACCOUNTABILITY AND, UM, JUST KNOW THAT THE MESSAGE IS HEARD AND THAT I A HUNDRED PERCENT CAN GUARANTEE MOVING FORWARD THAT THE TAXES WILL BE PAID, UM, EVERY 30 DAYS.
I KNOW YOU GUYS GOT A NEW PLATFORM.
THE MINUTE I GOT THAT EMAIL THAT WAS SHOWED ON THE SCREEN, I WENT BACK AND DID ALL OF THE MATH, UH, ACCORDING TO THE AIRBNB RECORDS AND OUR PROFIT RECORDS TO PAY EVERYTHING THAT WAS UNPAID.
UM, AND I BELIEVE NOW AUGUST WILL BE DUE.
SO, UM, I'LL BE PAYING THAT AS WELL.
UM, AND THE ONLY THING THAT I'M UNAWARE OF THAT IS KIND OF A FIRST FOR ME TO HEAR IS, UH, THE H O T THAT THE, THE $24,000 THAT WAS MENTIONED THERE.
SO IF THERE'S ANY INFORMATION ON THAT, UM, I WOULD LOVE TO KNOW WHAT IT IS JUST SO I CAN PAY IT IF THAT, IF I, I, I DON'T IMAGINE THAT'S EXACTLY WHAT I OWE BECAUSE IT WOULDN'T MAKE SENSE WITH THE NUMBERS THAT I HAVE IN MY RECORDS.
UM, BUT IF IT'S SOMETHING THAT IS LIKE A PENALTY OR WHATEVER IT IS, YOU KNOW, THIS IS A LEARNING PROCESS FOR ME.
IF YOU CHECK MY RECORDS, I PAY MY TAXES, I PAY MY MORTGAGE ON TIME.
I WOULDN'T BE HERE TODAY, UM, IF I DIDN'T TAKE THIS SERIOUSLY.
UM, AND SO I'M, I'M HERE TO JUST KIND OF HEAR WHAT, WHAT I HAVE TO DO AND, AND KNOWING WHAT I HAVE TO DO, I'M POSITIVE AND GUARANTEE THAT I, I CAN GET IT DONE.
AND SO AND SO SINCE MARCH, UH, WHEN THE CITY HAS, HAS SENT NOTICES OUT TO TODAY MM-HMM.
SO I WENT, WHEN I RECEIVED THAT EMAIL, I WENT ONLINE AND I DID NOTICE LIKE A CHANGE IN PLATFORM.
SO I KIND OF FIGURED OUT HOW TO OPERATE THAT NEW PLATFORM.
AND I DID PAY FROM THE TIME THAT WAS UNPAID UP UNTIL JUNE, I BELIEVE.
UM, AND I HAVE RECEIPTS OF THAT IN MY EMAILS AS WELL.
UM, ANY QUESTIONS FOR THE APPLICANT? ZUNIGA, BUT, UH, WHEN, WHEN HE SIGNED, UH, YOU KNOW, TO, TO BE AN INVESTOR OR A BUSINESS PERSON, AND, UH, THIS SITUATION HERE THAT WE HAVE, YOU DID SIGN THAT YOU WERE GOING TO BE EVERY 30 YEAR, UH, 30 DAYS.
YOU WOULDN'T BE REPORTING IF YOU KNOW YOU HAD TAXES OR IF YOU DIDN'T.
AND, UH, YOU'RE SAYING THE MAIL, UH, YOU PUT THE, THE ADDRESS WHERE THE MAIL WAS GOING TO BE GOING TO, RIGHT? UM, CORRECT.
I DON'T RECALL EXACTLY, UH, IF I PUT THE PROPERTY ADDRESS OR MY HOME ADDRESS FOR THOSE LETTERS.
UM, BUT IF IT WAS WRITTEN IN WHATEVER DOCUMENTATION, DOCUMENTATION THAT IT HAD TO BE PAID IN 30 DAYS TIME, I THINK THAT'S THE BIG THING THAT I MISSED.
AND I COMPLETELY UNDERSTAND THAT.
SO THE QUESTION WOULD BE TO STAFF, DID THEY MAIL, YOU KNOW, ANY CORRESPONDENCE TO YOU AT THE ADDRESS THAT YOU HAD PUT ON FOR THE BUSINESS FORMS THERE? UM, FOR R AND B? SO IF THE ADDRESS THAT WAS LISTED, AND I, AGAIN, I DON'T RECALL IF I, IF I LISTED THE PROPERTY ADDRESS OR MY HOME ADDRESS, BUT, UM, I DIDN'T RECEIVE ANYTHING AT MY HOME ADDRESS, WHICH IS IN CALIFORNIA.
UM, IF THEY DID SEND IT TO THE SAN ANTONIO, UH, ADDRESS HERE, I DIDN'T PHYSICALLY RECEIVE IT BECAUSE I DON'T COME TO THIS PROPERTY OFTEN.
[02:25:01]
WERE AWARE THAT YOU HAD TO REPORT EVERY 30 DAYS, IS THAT TRUE? UM, I WAS AWARE THAT THE TAXES HAD TO BE PAID.I WASN'T AWARE THAT IT HAD TO BE DUE RIGHT AT 30 DAYS.
SO THE FIRST COUPLE OF MONTHS WHEN I STARTED THE AIRBNB, I THINK I EVEN WAITED MAYBE A COUPLE OF MONTHS AND THEN PAID SOME BACK TAXES ON JUST DOING THE MATH FROM LIKE, I BELIEVE SEPTEMBER TO JANUARY.
UM, I HAVE ANOTHER PROPERTY IN WEST VIRGINIA AND THEY HAVE YOU PAY BY YEARLY.
AND SO AGAIN, IT'S JUST ME HAVING THE LACK OF KNOWLEDGE AND JUST, WELL, THIS, THIS WAS STARTED, SO THEN IT WOULD BE, THEN IT WOULD BE FOR STAFF TO SEE STAFF NOTIFIED YOU.
SECONDLY, IF YOU SIGNED, UH, THAT YOU WERE GOING TO BE EVERY 30 DAYS, REPORT TO HIM AS EVEN IF YOU HAD ZERO.
SO, YOU KNOW, I WANNA, I WANNA CHIME IN ON THIS.
UH, THIS THING STARTED IN NOVEMBER OF 2021.
WERE YOU INVOLVED IN THIS PROPERTY IN 2021? UM, SO THE FIRST CONVERSATION TOOK PLACE IN SEPTEMBER, 2021 BETWEEN, UH, ABBY AND SAMYA, WHICH ARE THE OWNERS.
AND I SIGNED THE LEASE WITH THEM.
AND SO YOU'RE RENTING FROM THEM AND THEN YOU ARE DOING THE S T R APPLICATION? CORRECT.
SO YOU, YOU, YOU STARTED THIS IN NOVEMBER OF 2021 ISH MM-HMM.
AND IN THAT TIME, IN THE YEAR 2022, YOU WERE FILING TIMELY AND PAYING TAXES? UH, I, I WASN'T FILING EVERY 30 DAYS, BUT I WOULD SAY, UH, I WOULD HAVE TO CHECK MY RECORDS ON THIS, BUT MAYBE EVERY THREE TO FOUR MONTHS OR SO I WAS PAYING THE TAXES.
SO, SO WHAT'S HAPPENING HERE IS, IS IS THE CITY, THIS ISN'T DISCRETIONARY.
THE CITY HAS A REQUIREMENT TO REVOKE THE PERMIT IF IT, IF IT GOES A CERTAIN AMOUNT OF TIME.
AND SO IT'S, IT, IT'S, IT'S HARD FOR US TO, YOU KNOW, WHAT WE'RE LOOKING FOR IS, YOU KNOW, MAYBE THERE WAS A, THERE WAS, UM, A, AN ADDRESS OR AN EMAIL THAT WAS JUST INCORRECT THE ENTIRE TIME, OR MAYBE THERE WAS, UH, AN ATTEMPT TO PAY AND THERE WAS A COMPUTER PROBLEM OR SOMETHING MM-HMM.
BUT IF, IF, IF YOU'RE NOT DOING THIS EVERY 30 MONTHS, THE CITY HAS TO, I MEAN, THEY HAVE TO TAKE IT AWAY.
AND SO THAT'S, THAT KIND OF TIES OUR HANDS A LITTLE BIT.
SO WE'RE, WE'RE, WE'RE, LOOK, WE'RE LOOKING TO SEE IF THERE'S SOMETHING OTHER THAN WHAT WE'RE HEARING THAT, I MEAN, IF THERE WERE NOTIFICA, LIKE, LIKE, UH, AND EVEN IF THEY DIDN'T NOTIFY YOU, YOU STILL HAVE THAT OBLIGATION.
AND SO THAT'S WHERE IT GETS A LITTLE TOUGH.
I MEAN, THE CITY'S JUST DOING WHAT THEY'RE SUPPOSED TO DO.
I, I, I DO WANT TO ADD AS WELL THAT REGARDLESS OF WHAT ADDRESS IT WAS MAILED TO, IT WAS ALSO EMAILED TO THE ADDRESS ON FILE WITH THE, WITH THE RECORD AS WELL.
SO WE'VE HAD A COUPLE CASES, I THINK YOU'VE SEEN SOME OF THOSE IN THE PAST WHERE MAYBE MAIL WENT TO THE WRONG PLACE.
SO THE FINANCE DEPARTMENT CONFIRMED.
COMMISSIONER'S GONNA CONTINUE.
SO THE FINANCE DEPARTMENT IS SABRINA WITH THE FINANCE DEPARTMENT WHO'S HERE TODAY CONFIRMED THAT THEY ARE AS A MATTER OF POLICY, NOT JUST MAILING THOSE LETTERS OUT, BUT THEY'RE ALSO EMAILING THOSE LETTERS OUT TO MAKE SURE THAT THEY'RE GETTING TO THE, THE RECIPIENT.
COMMISSIONER ZUNIGA, I JUST WANTED TO HEAR, OH, OKAY.
AND THEN, UH, ANY OTHER COMMISSIONER QUESTIONS A QUESTION? OH, A QUESTION FOR STAFF.
COMMISSIONER, BACK WHEN THEY OPENED THIS IN 2021, NOVEMBER EIGHT, AT THAT TIME, WAS IT EVERY 30 DAYS AS WELL? IT WAS THAT, THAT, THAT HAS BEEN A REQUIREMENT SINCE FEBRUARY OF 2019 WHEN THE ORDINANCE TOOK EFFECT.
SO NO TIME HAS THIS EVER CHANGED? IT'S ALWAYS BEEN THE SAME.
SO WHEN WE FILL IT OUT, WE KNOW THAT FROM THE VERY BEGINNING.
CAN I CONFIRM THE EMAIL THAT THOSE EMAILS WERE SENT OUT TO? SURE, YEAH.
UH, DO YOU KNOW, DO YOU HAVE THE EMAIL ADDRESS THAT IT WAS SENT TO? YES.
IT'S M E E N A AT INTEGRITY HOME GROUP LLC.COM.
AND UH, WHAT EMAIL WAS IT EXACTLY LIKE, BECAUSE UNDER MY, WITH MY UNDERSTANDING, THE ONLY EMAIL I RECEIVED WAS THE ONE IN MARCH WAS, WHICH WAS THE ONE I REPLIED TO RIGHT AWAY AND STARTED TO DEVELOP A PLAN TO GET THIS TAKEN CARE OF.
AND, AND THE CITY'S OBLIGATION IS IT'S AFTER NINE, AFTER 90 DAYS, THAT'S WHEN THEY SHALL REVOKE THE PERMIT.
SO, SO IF YOU'RE MAKING YOUR, EVEN THOUGH YOU'RE SUPPOSED TO DO IT EVERY 30, IF YOU'RE DOING IT EVERY TWO MONTHS, IT'S STILL WITHIN, IT'S STILL, I MEAN, IT'S NOT WHAT THEY WANT YOU TO DO, BUT IT'S, IT, IT HAS TO HIT 90 DAYS BEFORE THEY HAVE HAVE THE REQUIREMENT TO TAKE IT AWAY.
AND SO, YOU KNOW, I GUESS YOU'VE BEEN A LITTLE FORTUNATE ALL THIS TIME, BUT, UM, IS IT, I MEAN, IF THERE'S ANYTHING ELSE, I HAVE ANOTHER QUESTION FOR STEPH.
IN REGARDS TO PREVIOUS PAYMENTS ON THIS PROPERTY, WHEN WERE THEY MADE? WERE THEY SPORADIC? WERE THEY JUST, SO THERE WERE THREE PAYMENTS.
UM, THE FIRST PAYMENT THAT WAS SUBMITTED WAS IN DECEMBER OF 2021, AND THAT WAS FOR JANUARY, 2019 TO NOVEMBER, 2021.
AND THAT WAS FOR DECEMBER, 2021 TO FEBRUARY, 2022.
[02:30:01]
FINAL PAYMENT WAS AGAIN ON MARCH 16TH, 2023.AND THAT WAS FROM MARCH, 2022 TO FEBRUARY, 2023.
SO THAT WAS ABOUT A YEAR GAP IN THERE WHEN NOTHING WAS PAID? CORRECT.
SO REALLY IN REALITY, THE CI CITY SHOULD HAVE TAKEN THIS AWAY A YEAR AGO.
THEY'RE JUST, YOU KNOW, FINALLY GETTING AROUND TO, TO, UH, LOOKING AT SOME OF THESE, THERE'S SO MANY OF THEM, BUT MM-HMM.
SO, ALRIGHT, IF THERE'S NOTHING ELSE, ANY OTHER QUESTIONS? COMMISSIONER ZUNIGA? UH, YOU'RE SAYING YOU'RE, UH, SOMEBODY ELSE OWNS THE HOUSES OR INSTEAD OF YOU THAT ARE RUNNING THE, THAT YOU HAVE RIGHT NOW? UM, IT'S JUST ONE HOUSE HERE IN SAN ANTONIO? YES.
IT'S OWNED BY MY COUSIN AND HIS WIFE.
AND YOU MENTIONED ANOTHER NAME? UH, YEAH.
UH, ABBY AND SAMYA, THEIR HUSBAND AND WIFE, THEY'RE RENT IT, UH, THEY'RE CONTRACTED TO YOU OR THEY THEY'RE THE OWNERS OF THE HOME.
THEY RENT IT TO HER, RENT IT TO HER, AND THEN SHE'S GOT THE S T R.
SO IF THE CITY TAKES AWAY THE S T R, CAN, THE CURRENT OWNERS OF THE HOME REAPPLY? NOT FOR 12 MONTHS.
SO THERE'S A, I DIDN'T KNOW HOW THAT WORKED.
IF, AND THAT IS FROM THE ORIGINAL DATE OF THE REVOCATION.
THAT'S FROM THE DAY WE INITIALLY MADE THE DECISION TO REVOKE THE PERMIT BACK IN JUNE.
SO WITH THAT, I'M LOOKING FOR A, LOOKING FOR, THERE'S NO PUBLIC COMMENTARY WANTS TIME TO SPEAK ON THIS? WE HAVE, THIS IS NO PUBLIC COMMENT.
IS THAT TRUE? WELL, THAT'S WHAT WE'RE, THAT'S WHAT WE'RE GOING TO, THAT'S WHAT WE'RE DECIDE, THAT'S WHAT WE'RE DECIDING ON.
AND IF I COULD JUST MAKE A LAST STATEMENT, IT WOULD, OH, YOU, YOU KNOW, GO AHEAD.
IT WOULD, IT WOULD HONESTLY JUST BE THAT I WAS UNAWARE AND I'M A HUNDRED PERCENT AWARE NOW, IF IT'S DUE IN 30 DAYS, IT'LL BE PAID IN 30 DAYS.
YOU KNOW, I UNDERSTAND YOU GUYS HAVE TO DO YOUR JOB IF THAT'S, YOU KNOW, A FAIL THAT I HAVE TO TAKE HOME WITH, AND HOPEFULLY IN THE NEXT ONE, THAT'S SOMETHING THAT I CAN LEARN FROM.
OKAY, REGARDING CASE NUMBER BO O A 23, 103 0 0 1 99, I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT THE APPEAL FOR THE PROPERTY SITUATING, UH, SITUATED AT 36 0 2 MAUI BAY.
APPLICANT BEING, AND I, I APOLOGIZE IF I MISPRONOUNCE IT, UH, MANJOT SOHI BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR IN REVOKING THE SHORT-TERM RENTAL PERMIT.
SECOND BY COMMISSIONER, UH, ZUNIGA, COMMISSIONER BETIS.
SO I, FIRST OF ALL, I, IT'S OBVIOUS THAT EITHER YOU WERE UNAWARE OR, UM, DID NOT DECIDED TO MAKE THE PAYMENTS ON YOUR OWN.
YOU KNOW, WHEN YOU DECIDED TO MAKE THEM ONE YEAR, YOU WERE VERY LUCKY THAT, YOU KNOW, AS OUR, UM, AS MY COLLEAGUE MENTIONED, UM, THAT YOUR SHORT TERM RENTAL, UH, PERMIT WAS NOT REVOKED SOONER.
BUT I WOULD HOPE THAT NOW WITH ALL OF THIS INFORMATION THAT YOU HAVE, THAT YOU'RE ON TIME, TIME WITH THESE PAYMENTS, IT'S NOT MS. ZUNIGA, I'LL BE VOTING NO, UH, THE PROPER PROCEDURES THAT WERE TAKEN, MY STAFF, AND THERE'S NO PROOF THAT STAFF REALLY ERROR IN, UH, ACTIONS.
ANYONE ELSE LIKE TO ADD HEARING NONE US HAVE A ROLL CALL.
OH, YOU HAD A QUESTION? OH, COMMISSIONER VASQUEZ? UH, YES.
UH, I WOULD LIKE, UH, TO ADD, MY COMMENT IS THAT, UH, IT IS CUSTOMARY THAT, UH, PEOPLE THAT ENTER INTO A BUSINESS, UH, UH, YOU KNOW, UH, BUSINESS
AND, UH, UH, I, I FEEL THAT, UH, THAT THERE WAS NO ERROR ON THE PART OF, UH, OF, UH, THE, THE FINANCE DEPARTMENT.
AND SO, JUST TO RE JUST AS A REMINDER, IF YOU VOTE YES, YOU'RE VOTING FOR THE APPLICANT, IF YOU VOTE NO, YOU'RE VOTING SIDING WITH THE CITY'S, UH, REVOCATION OF THE PERMIT.
SO LET'S CONTINUE WITH THE ROLL CALL VOTE PLEASE.
COMMISSIONER BEES, I VOTE YES FOR THE APPLICANT.
[02:35:02]
ZIKA? NO.YOU CAN GET WITH STAFF, THEY CAN GIVE YOU SOME GUIDANCE PERHAPS OF WHAT YOU CAN DO MOVING FORWARD.
GOOD LUCK ON YOUR, ON YOUR PRO, ON YOUR, UH, ENDEAVORS.
ALL RIGHT, WE'RE GONNA GO, UM, BACK TO ITEM SEVEN, LOCATED AT THREE 11 EAGLE LAND DRIVE.
ITEM NUMBER SEVEN, BO OH 8 23 1 0 3 0 0 1 9 2.
ADDRESS IS THREE 11 EAGLE LAND DRIVE COUNCIL.
DISTRICT ONE APPLICANT IS CHRISTOPHER GILL.
A REQUEST FOR A THREE FOOT FIVE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SITE SETBACK TO ALLOW AN ACCESSORY DWELLING WITH AN OVERHANG TO BE ONE FOOT SEVEN INCHES FROM THE SIDE PROPERTY LINE ZONING IS RN FOUR RESIDENTIAL MIXED CASE SUMMARY.
THE SUBJECT PROPERTY IS LOCATED ALONG EAGLE LAND DRIVE BETWEEN THE INTERSECTIONS OF MISSION STREET AND ADAM STREET.
THE APPLICANT IS CONSTRUCTION AND ACCESSORY DWELLING WITH AN OVERHANG TO BE ONE FOOT SEVEN INCHES FROM THE PROPERTY LINE.
ACCESSORY DWELLINGS CONSTRUCTED IN SAN ANTONIO REQUIRED TO MAINTAIN FIVE FEET FROM THE SIDE PROPERTY LINE AND MUST OBTAIN A VARIANCE TO DEVIATE FROM THIS MINIMUM REQUIREMENT.
A RESIDENTIAL NEW BUILDING PERMIT WAS ISSUED AND PLANS INDICATED NO OVERHANG.
HOWEVER, OVERHANG WAS ADDED DURING CONSTRUCTION UPON SITE VISITS THAT DOES.
STAFF DID NOT OBSERVE ANY ACCESSORY DWELLINGS IN THE AREA TOWARDS THE SITE IN FRONT OF THE PROPERTIES.
APPLICANT INDICATED PROPERTY OWNER WILL RESIDE ON PROPERTY WHEN CONSTRUCTION'S COMPLETED.
STAFF INFORMED APPLICANT THAT A DUPLEX WITH ACCESSORY DWELLING UNIT OVER 800 SQUARE FEET WILL REQUIRE A SEPARATE VARIANCE.
HOWEVER, THREE UNITS IS PERMITTED ON THE PROPERTY.
APPLICANT INDICATED THEY'LL WORK ON MEETING A REQUIREMENT OR WILL APPLY FOR HER PARKING VARIANCE.
THIS IS YOUR SITE PLAN, AND THIS IS THE SUBJECT PROPERTY, UH, SHOWING THE OVERHANG.
AND THIS IS THE SIDE SETBACK, AND THIS IS YOUR SURROUNDING AREA.
STAFF RECOMMENDATIONS, SITE SETBACK.
STAFF RECOMMENDS DENIAL M B O 8 23 1 0 3 0 0 9 2 BASED ON THE FOLLOWING FINDINGS, THIS DISTANCE IS NOT SUITABLE AS AN IMPOSES ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBOR.
BY BEING TOO CLOSE TO THE SHARED PROPERTY LINE AND RUNNER WATER RUNOFF MAY IMPOSE AND RISK OF FIRE SPREAD IS GREATER.
NOTICES WERE MAILED OUT, ZERO IN FAVOR.
KING WILLIAM ASSOCIATION DID NOT RESPOND.
THIS CONCLUDES, THAT'S PRESENTATION AND APPLICANT IS AVAILABLE.
AND HERE'S THE PUBLIC, UH, RESPONSES.
AND HOW, HOW MANY UNITS ARE JUST FOR ONE OR DID THREE.
IS THERE ANY QUESTIONS FOR STAFF AT THIS TIME? NO.
LET'S HAVE THE APPLICANT COME FORWARD.
GOOD AFTERNOON, COMMISSIONERS.
UM, SO I GUESS FIRST I WANT TO MAKE SURE IT'S CLEAR THAT THE, UM, THE ADJUSTMENT IS ONLY FOR THE OVERHANG.
SO THIS, THERE WAS AN EXISTING A D U ON THE PROPERTY, UH, WHEN I PURCHASED IT.
IT WAS IN REALLY BAD SHAPE OVER THE COURSE OF A FEW MONTHS.
WE WORKED WITH HISTORIC TO FIGURE OUT WHAT THE BEST RENOVATION PLAN WAS.
WE WORKED WITH SOME OF THE EXTERIOR MATERIALS.
THE MASSING, UM, FOUND A WORKABLE SOLUTION, THE, THE OVERHANG, THE EXISTING OVERHANG THAT WAS THERE.
AND, AND I THINK STAFF SHOWS SOME PHOTOS OF THE EXISTING STRUCTURE THAT SO SHOWS ABOUT 16 INCH OVERHANG THAT WAS
[02:40:01]
EXISTING ON THE ACCESSORY DWELLING UNIT.WE REDUCED THAT TO ABOUT 12 INCHES.
SO TO CREATE A LITTLE BIT MORE SPACE, UM, WE HAVE A CERTIFICATE OF APPROPRIATENESS.
THIS WAS APPROVED THROUGH HISTORIC, UM, WITH OVERHANGS ON BOTH SIDES, AGAIN, AS WAS EXISTING ON THE ACCESSORY DWELLING UNIT.
WE THEN WENT TO FINISH THE, THE PERMITTING PROCESS.
UM, AND, AND DURING THAT PRO PROCESS, I GUESS THE CITY REVIEWER CITED THE OVERHANG ON ONE SIDE.
I'M NOT SURE THE COMMUNICATION WITH HISTORIC WHAT WAS THERE OR NOT, BUT THE ARCHITECT ENDED UP, UM, GETTING THE FINAL PERMIT, REMOVING THE OVERHANG, WHICH WAS NOT IN COMPLIANCE WITH THE CERTIFICATE OF APPROPRIATENESS ISSUED BY HISTORIC.
UM, WE WENT INTO CONSTRUCTION.
I DIDN'T REALIZE THAT THE SECOND OVERHANG HAD BEEN REMOVED UNTIL WE WERE TRYING TO GET OUR FINAL BILL, UM, FRAMING PERMIT.
AND IT WAS CITED BY THE BUILDING INSPECTOR THAT THERE WAS A NONCOMPLIANT OVERHANG ON THE BACKSIDE OF THE PROPERTY.
WE ADDED A, I I I NOTICED TWO OF THE CONCERNS WAS, UH, FIRE AND WATER RUNOFF.
UM, THAT WALL OF THE PROPERTY IS FIRE RATED BECAUSE IT WAS, UM, THE EXISTING STRUCTURE WAS TOO CLOSE.
SO WE WENT AHEAD AN HOUR ADDED A FIRE RATED WALL ON THE SIDE THAT, THAT BORDERS OUR NEIGHBOR.
UM, WE'VE ALSO DISCUSSED WITH THE NEIGHBOR ABOUT ADDING GUTTERS ON BOTH, BOTH SIDES.
THEIR, THEIR OVERHANG IS ALSO IN THE, THE PROPERTY SETBACK.
SO WE BOTH KIND OF ADD GUTTERS TO BRING WATER FORWARD TO EAGLE LAND.
UM, OBVIOUSLY REMOVING THE, THE SOFFIT THAT'S EXISTING IS NOT IN COMPLIANT WITH THE CERTIFICATE OF APPROPRIATENESS, BUT LOOK PRETTY ODD WITH, WITH THE HISTORIC NATURE OF THIS AREA.
UM, AND AGAIN, THIS WAS AN EXISTING CONDITION OF THE ACCESSORY DWELLING UNIT THAT WAS THERE.
SO I DON'T KNOW THAT THE, UM, CITY REVIEWER WAS CORRECTLY INTERPRETING CODE TO REQUIRE THAT THAT BE REMOVED WHEN GETTING A NEW RENOVATION PERMIT FOR AN EXISTING STRUCTURE.
IF YOU HAVE ANY QUESTIONS, LEMME KNOW.
I I JUST A COUPLE CLARIFICATIONS.
DID YOU, DID YOU TAKE THIS, DEMO THIS DOWN TO SLAB AND REBUILD IT? UH, NO.
SO THE EXISTING FOUNDATION WAS USED AND SEVERAL OF THE EXTERIOR WALLS WERE ALSO REUSED IN THE RE THE RENOVATION.
DID YOU SPEND MORE THAN 50% OF THE APPRAISED VALUE ON THE EXISTING BUILDING? NOT THE LAND, BUT JUST THE BUILDING? UH, UH, WE HAVEN'T FINISHED THE STRUCTURE YET, BUT NO, I DON'T THINK SO BECAUSE THAT, BECAUSE THAT'S, THAT'S WHERE A LOT OF THIS COMES FROM.
IF YOU SPEND, LIKE, IF THAT, IF THE VALUE OF THAT, OF THAT A D D U AS IT STOOD WAS LIKE $80,000 OR SOMETHING, IF YOU SPEND MORE THAN $40,000 TOWARDS THIS PROJECT, YOU HAVE TO COMPLY WITH ALL THE NEW CODES, WHICH REQUIRES A FIVE FOOT SETBACK.
IT DOESN'T MATTER WHAT IT WAS BEFORE, IT DOESN'T MATTER WHAT HISTORIC SAYS.
SO, UM, REAL QUICK, THE U D C CHANGE IN 2003 CHANGED IT FROM THE APPRAISED VALUE TO 50% OF THE BUILDING FOOTPRINT, NOT THE APPRAISED VALUE.
OH, NOT THE APPRAISED OF A, OF A A D D U.
I THOUGHT THAT WAS JUST SINGLE FAMILY HOME.
UH, IT FOR RESIDENTIAL USE, SINCE THIS IS A RESIDENTIAL USE PART OF THE RESIDENTIAL USE, IT WOULD APPLY TO THAT TO THE FOOTPRINT.
SO HOW DID Y'ALL CALCULATE THE 50% IF HE, IF HE'S KEEPING EXTERIOR WALLS, DID THE 50% GET IT? DID IT EXTEND PAST THE 50% THEN? LIKE HOW WAS THAT CALCULATED IF HE'S REUSING THE FOUNDATION AND AND REUSING SOME OF THE EXTERIOR WALLS? YEAH.
UM, WHEN IT WAS REVIEWED, IT, IT DIDN'T MEET THE, THE NON-CONFORMING, UM, WELL, ONE, ONE, THERE WAS NOT, THERE WAS NO NON-CONFORMING APPLICATION TURNED IN.
BUT WHEN WE REVIEWED IT FOR THE BO O A CASE, WE SAW THAT IT DIDN'T MEET THE, THE NON NON-CONFORMING STANDARDS.
I, I NOTICED THAT THE AP NUMBER ON THE BUILDING PERMIT IS NOT FOR A RENOVATION OR AN ALTERATION.
IT'S FOR A NEW BUIL, A NEW RESIDENTIAL BUILDING, WHICH, WHICH WOULD MAKE SENSE.
BUT I THINK THERE'S SOME CONFUSION WITH DID THAT, DOES THAT EXPLAIN TO YOU ABOUT THE 50% RULE NOT BEING ON THE PRAISE VALUE, BUT ON THE FOOTPRINT IN THE CITY'S DETERMINATION THAT YOU WERE EXCEEDING THAT? YEAH.
THAT, THAT NEVER CAME UP IN THE REVIEW PROCESS.
UM, SO THAT'S, BUT DO YOU HAVE, DO YOU UNDERSTAND WHAT IS GOING ON AND, AND HOW THIS IS APPLIED THEN? UM, NOT EXACTLY.
I SUPPOSE WE, WE WENT THROUGH HISTORIC, WE WORKED THROUGH THAT.
WE WERE ISSUED A PERMIT THAT DID NOT HAVE THE OVERHANG, BUT THE REST OF THE STRUCTURE WAS, WAS FULLY YEAH, THAT, SO WHAT WHAT'S HAPPENING IS, IS THAT YOU, YOU HAVE A, YOU HAD AN EXISTING STRUCTURE.
THE CODE USED TO SAY THAT IF YOU SPENT A PERCENTAGE OF THE PRAISE VALUE, BUT THAT RECENTLY CHANGED TO BE MORE THAN 50% OF THE FOOTPRINT, UH, BECAUSE YOU'RE IN A RESIDENTIAL DISTRICT.
SO THE CITY HAS DETERMINED THAT YOU WERE EXCEEDING 50% OF THE EXISTING, UH, ACCESSORY DWELLING UNIT TO CREATE THIS, THIS, UH, THIS NEW STRUCTURE.
AND IN, AND IN DOING SO, YOU HAD TO COMPLY WITH THE FIVE FOOT SETBACKS.
IT HAD NOTHING TO DO WITH THE OVERHANGS.
[02:45:01]
I MEAN, EVEN IF YOU TOOK OFF THE OVERHANGS, IT'S STILL, YOU STILL HAVE TO BE FIVE FEET AWAY.AND SO IS IS, UM, I DON'T KNOW HOW TO, HOW TO, THIS, THIS IS KIND OF MAKES IT A LITTLE AWKWARD THEN, BECAUSE, YOU KNOW, THIS ISN'T ABOUT YOU GETTING RID OF OVERHANGS.
THIS IS ABOUT MOVING THE WHOLE BUILDING OVER.
MANANA WHAT CITY'S INTERPRETATION, I MEAN THE CITY BUILDING CODE MADE THEIR INTERPRETATION OF YEAH, HE'S PERCENT LEVEL WAS, AND YEAH, THEY'RE SAYING HE EXCEEDS IT.
SO HE HAS TO COMPLY WITH THE FIVE FOOT SETBACK, MANNA COMMISSIONER, MANNA.
SO CAN YOU BRING UP GOOGLE, UM, AND DRIVE ON THE STREET THERE SO WE CAN SEE WHAT THE PREVIOUS BUILDING LOOKED LIKE? HE SAID IT HAS TO BE FIVE FEET.
WHAT WAS IT BEFORE? WAS IT A SINGLE UNIT AND YOU'RE NOW, YOU'RE CREATING THREE? NO, NO, NO, IT'S JUST THERE WAS A SINGLE, THERE WAS ACTUALLY TWO UNITS THERE AND WE'RE REDUCING IT DOWN TO ONE.
I I THOUGHT HE WAS PUTTING IN THREE UNITS.
THERE'S, UH, THE MAIN STRUCTURE IS A DUPLEX.
YOU'RE NOT TALKING ABOUT JUST THE A D U, YOU'RE TALKING ABOUT THE WHOLE SITE.
SO THAT, SO WHAT IS SHOWN THERE IS THE, IS THE PRIOR UNIT, UM, RIGHT.
THERE IS, IS THAT TRUE? THAT'S CORRECT.
AND THEN, AND THEN YOU'VE GONE TO THE OTHER STRUCTURE.
SO I'M JUST TRYING TO UNDERSTAND, UM, WHAT IT WAS THAT WAS BEING CHANGED, I GUESS.
BUT YOU'RE KEEPING THE FOUNDATION, YOU DIDN'T REPLACE THE FOUNDATION.
SO, OR WE'RE CLEAR THAT THAT'S MORE THAN 50%.
YEAH, I MEAN, IS IT 50% OF, I MEAN, YOU'RE OBVIOUSLY MOVING AROUND INTERIOR WALLS.
I MEAN, THIS NEW STRUCTURE'S MUCH TALLER.
IT'S GOT A DIFFERENT ROOF PITCH ON IT.
UM, SO IF YOU MOVE TO THE LEFT, UH, GO DOWN THE STREET A LITTLE BIT AND THEN TURN BACK AND LOOK AT THE, LOOK AT THE BUILDING.
MAYBE GO BACK A LITTLE BIT, A LITTLE BIT MORE.
SO, SO TRY TO UNDERSTAND THE WHOLE LINE THERE.
SO, SO IS IT ALL THE WAY TO THAT TAN BUILDING IS WHAT'S BEEN REPLACED, IS THAT THE SIZE OF THE PROPERTY? CORRECT.
SO THAT'S, IT'S ONE CONTINUOUS STRUCTURE.
WE ADDED THE PORCH BETWEEN WHERE THOSE TWO, I GUESS, WINDOWS THAT ARE FACING TOWARD THE STREET.
UM, BUT EVERYTHING WAS DONE AGAIN ON, ON THE EXISTING FOOTPRINT OF, OF THE A D U THAT WAS THERE.
ARE YOU SAYING THE EXISTING FOOTPRINT, THAT THAT ATTACHMENT WERE THE TWO WINDOWS WAS, WAS THE SAME SLAB AS THE ONE IN THE FRONT? UH, SO THERE'S NOW A PORCH THERE, WHICH MAY BE WHY IT LOOKS, HAS THAT WEIRD JOGGING.
AND ON THE CURRENT STRUCTURE, THERE'S, THERE'S A PORCH THERE.
BUT YES, THAT'S ALL IN THE SAME FOOTPRINT.
DO WE NEED TO RE NOTIFY THIS IF THERE IS A 50%, UM, RESTRICTION ON ON, OH NO, THIS, THIS WOULD TAKE CARE OF IT IF, IF THIS IS APPROVED? WELL, THE, THE STAFF IS SAYING THAT BECAUSE OF THE 50%, THE APPLICANT'S COMING BEFORE US.
SO IF HE GETS THIS VARIANCE AND THEN IT, IT'S IRRELEVANT ABOUT THE 50% BECAUSE HE, HE HAS HIS VARIANCE.
SO, SO ANOTHER QUESTION FOR STAFF.
SO THE HISTORIC REVIEW, I GUESS GAVE YOU CERTIFICATE OF WHAT, LIKE APPROPRIATENESS, UM, THE PLANS THAT WERE SUBMITTED, WHICH INCLUDED THE, THE OVERHANG THAT THAT'S, THAT'S CORRECT.
SO WE EXCLUDE THE OVERHANG AS THE MOTION THAT THIS BOARD TAKES.
AND THAT WOULD, WE WOULD NOW BE NONCOMPLIANT WITH THE RECIPIENT.
WE'RE NON-COMPLIANT WITH THE HISTORIC, RIGHT.
SO YOU'RE KIND OF CAUGHT BETWEEN WHICH BOARD CITY BOARD WOULD YOU BE COMPLIANT WITH? RIGHT.
AND THE REMEDY HERE WOULD BE TO GRANT THE VARIANCE PERHAPS IN UM, CORRECT.
AND OBVIOUSLY, BECAUSE YOU DON'T HAVE TO GO BACK TO HISTORIC TO HAVE THAT, UH, THEM REVIEW THAT CHRIS ELEMENT OR THE CUTOFF OF THE OVERHANG.
SO I'VE, I'M SORRY, I WANNA, I WANNA READ THIS SECTION OF THE U D C E AND I AND THAT WE'RE ALL TALKING ABOUT.
SO THIS NONCONFORMING USE SECTION OF, UH, SECTION 35 7 0 7, A NON-CONFORMING RESIDENTIAL DWELLING UNIT IN WHICH LESS THAN 50% OF THE BUILDING FOOTPRINT IS DESTROYED OR DAMAGED, MAY BE REBUILT, PROVIDED A BUILDING PERMIT IS ISSUED WITHIN ONE YEAR OF THE DATA SUCH DAMAGE OR CONSTRUCTION.
BUT IF SOMEONE'S ELECTIVELY DOING SOMETHING, WOULDN'T IT STILL, WOULDN'T IT FALL UNDER THE 50% OF THE APPRAISED VALUE? BECAUSE IT WASN'T DIS I MEAN THIS, THE EXISTING WASN'T DESTROYED BY A RAIN OR A FLOOD OR A FIRE OR A CAR HITTING IT OR SOMETHING, RIGHT? I MEAN, NO, THAT'S CORRECT.
IT WAS, I MEAN, A, A GENTLEMAN WHO OBVIOUSLY OWNED THIS PROPERTY AND DIDN'T, DIDN'T KEEP UP WITH IT.
SO BECAUSE THE, THE SECTION ABOVE THIS TALKS ABOUT
[02:50:01]
WHEN SOMETHING IS DAMAGED OR DESTROYED FROM ANY CAUSE WHATSOEVER.AND I THOUGHT THAT WAS THE ONE WHERE THE CITY WAS USING THE ELECTIVE.
I'M GONNA DEMO AND THEN I'M GONNA GET A PERMIT.
SHOULDN'T SHOULDN'T HE BE FALLING UNDER THE 50% OF THE APPRAISED VALUE, WHICH STILL PUTS HIM IN THE SAME BOAT HE IS IN NOW.
UM, SO IT ALMOST DOESN'T EVEN MATTER WHICH ONE THAT THEY'RE FOLLOWING.
I MEAN, IT STILL MEANS HE SHOULD COME HERE.
BUT I JUST, I JUST WANT TO MAKE SURE THAT EVERYONE'S CLEAR ABOUT, ABOUT THIS.
I, I'M NOT, AND THAT'S WHY I WAS ONE OF THE QUESTIONS I ASKED.
SO, SO, SO IN A WAY, SO IF, SO THERE'S TWO PROVISIONS.
ONE OF THEM IS IF YOU, IF IT'S MORE THAN 50% OF THE APPRAISED VALUE, IF IT'S LESS THAN HE CAN JUST BUILD IT.
THE OTHER ONE SAYS THAT IF YOU EXCEED 50% OF THE BUILDING FOOTPRINT, BUT IT, BUT IT'S, IF THAT'S, IF IT'S DESTROYED OR DAMAGED, MAYBE REBUILT, IT DOESN'T TALK ABOUT YOU ELECTIVELY GOING FOR A BUILDING, PERMITT CHANGING EVERYTHING.
AND SO I THINK EITHER WAY THAT IT'S LOOKED AT, I STILL THINK HE SHOULD COME HERE.
YOU KNOW? 'CAUSE IT'S NOT A RENOVATION ANYMORE.
AND THEN, AND THAT'S WHAT I WAS GONNA SAY.
'CAUSE YOU KNOW, IF WE LOOK AT THIS PICTURE HERE THAT'S SHOWN AND THEN WE LOOK AT THE, THE, THE FLOOR PRINT, THE ROOF, THE ROOF LINE IS CHANGED DRAMATICALLY WHERE THE, I WOULD ASSUME THAT THE ENTIRE FRONT NOW IS A PORCH, UM, GOING, UH, AS ALONG THE, THE, THE OTHER PICTURE SHOWN.
BUT I GUESS WHERE I GOT CONFUSED IS IT LOOKS LIKE THE OVERHANG IS THE SAME OVERHANG THAT EXISTED PREVIOUSLY.
AND SO THAT, THAT'S WHY I'M CONFUSED WITH REGARDS TO THE OVERHANG DIALOGUE.
WELL, UM, YEAH, I THINK THE, THE IT, THE VARIANCE IS SAYING, UM, TO ALLOW AN ACCESSORY DWELLING WITH OVERHANG TO BE ONE FOOT SEVEN, I DON'T, I DON'T THINK IT'S, THEY'RE NOT TRYING TO SAY IT'S JUST THE OVERHANG.
I THINK IT'S THE ENTIRE BUILDING THAT HAPPENS TO HAVE AN OVERHANG.
'CAUSE IF HE WAS AT FIVE FEET, THE OVERHANG CAN GO UP TO TWO FEET.
AND, BUT SINCE WE'RE WITHIN THE THREE CORRECT, BECAUSE IT'S ONLY THREE FEET, IT'S BASED OFF OF THE OVERHANG AND THE APPRAISED VALUE PORTION IS ONLY HAS TO DO WITH NON-RESIDENTIAL AND THE NON-CONFORMING IT, IT, IT DOESN'T APPLY IT'S RESIDENTIAL ANYMORE.
AND THAT'S, AND THAT'S WHERE IT GETS CONFUSING BECAUSE THAT'S THE PART THAT SAYS, UH, DESTROY DAMAGE OR DESTROYED FROM ANY CAUSE WHATSOEVER, WHEREAS THE OTHER ONE DOESN'T.
AND SO IT, SO IT'S, IT'S CONFUS.
SO WHEN DURING THE 2022 UNIFIED DEVELOPMENT CODE, WE BROKE THAT OUT IN 35 7 0 6 E WHERE WE DIFFERENTIATE THE WAYS IN WHICH NON-CONFORMING USES AND IT'S UH, BY DESTRUCTION OR DAMAGE OF STRUCTURE.
WE BROKE THAT OUT THERE, BUT I DON'T THINK WE BROKE IT OUT IN THE OTHER SECTION.
SO THAT WAS ACTUALLY A STATE LAW THAT SAID WE CAN'T USE VALUATION ON RESIDENTIAL PROPERTY.
SO WE HAD TO CHANGE THAT TO THE SQUARE FOOTAGE.
AND WASN'T THERE ALSO AN AMENDMENT ABOUT ALLOWING ACCESSORY STRUCTURES ON ONE SIDE TO BE THREE FEET OFF? WHY AM I THINKING OF OF THAT? THAT WAS THE ACCESSORY DWELLING UNIT SECTION THAT ALLOWED, UH, ADUS PROVIDED THEIR PERMITTED THAT WAY TO BE BUILT WITH THAT REDUCED SETBACK, BUT IT PROHIBITED AN EVE.
BUT SEE THAT, BECAUSE THIS IS RM FOUR HE'S PUTTING IN, HE CAN GO UP TO FOUR UNITS.
MY UNDERSTANDING IS THAT THIS WAS PERMITTED AS ANOTHER DWELLING UNIT, NOT NECESSARILY AN ACCESSORY DWELLING UNIT.
IS THIS IS, SO DO YOU UNDERSTAND WHAT WE'RE WE'RE TALKING ABOUT AT THIS POINT, SIR? SO WHAT HAPPENS IS YOUR ZONE RM FOUR AND BY RIGHT, YOU CAN HAVE UP TO FOUR UNITS APARTMENTS, BUT THEN THERE'S AN A D D U IS IS SOMETHING TO WHERE IT'S AN ACCESSORY TO THE MAIN STRUCTURE.
THIS IS WHAT WE TALKED ABOUT, SIR.
AND IF I COULD, UH, THE APPLICANT, UH, INDICATED THIS WILL BE AN ACCESSORY DWELLING UNIT, UH, WHEN THE REMODELING OR WHATEVER CONSTRUCTION IS COMPLETED.
SO YOU'RE NOT, YOUR INTENT IS IF IT'S AN A D D U, THEN THE SETBACK REQUIREMENT'S THREE FEET.
PROVIDED THERE IS NO E OVERHANG WHATSOEVER.
PROVIDED THERE'S SO IS EVERYBODY CATCHING ALL THIS COMMUNICATE? SO THE APPLICANT IS SAYING IT'S GONNA BE AN A D D U, THE SETBACK IS NOT FIVE, IT'S THREE NOW.
SO NOW IT IS AN OVERHANG ISSUE.
IS THE PRIME BUILDING THREE FEET AWAY FROM THE SIDE PROPERTY LINE? IT'S, IT'S WHATEVER WAS EXISTING.
SO STAFF, DO YOU, DO YOU HAPPEN TO HAVE THAT WRITTEN DOWN? UH, I DO NOT KNOW THE PREVIOUS ONE.
YOU THAT BACK PORTION? YEAH, THE, SO WE, THE PART WHERE THE BLUE CIRCLE IS WHERE IT'S CIRCLING OVER, IT WAS 30 INCHES.
SO WE HAVE 30 INCHES FROM THAT FENCE TO THE ACTUAL STRUCTURE.
SO THE VARIANCE IS NOT JUST FOR AN OVERHANG, IT'S FOR A PORTION OF THE STRUCTURE AND AN OVERHANG JUST SO THAT EVERYONE'S AWARE.
WELL, BUT I THINK THE FENCE IS IN, I DON'T KNOW THAT IT MATTERS, BUT I THINK THE FENCE IS ON MY PROPERTY ABOUT A FOOT BY ABOUT 1.1 FEET.
WELL WHEN WE, WHEN WE READ VARIANCES, WE CAN, WE CAN'T GO ANY LESS THAN WHAT IS WHAT IS BEFORE US.
WE CAN MAKE IT FURTHER, BUT WE CAN'T GO.
[02:55:01]
NOW IS YOU'RE ASKING FOR A THREE FOOT FIVE INCH VARIANCE FROM THE MINIMUM FIVE FOOT.SO IF THE APPLICANT IS SAYING IT'S AN A D D U DOES THAT, CAN WE STILL HEAR THIS CASE? BECAUSE IT'S NOT A FIVE FOOT REQUIREMENT, IT'S A THREE FOOT REQUIREMENT.
THE THREE FOOT REQUIREMENT IS ONLY IF THEY DON'T HAVE A OVERHANG.
BUT BECAUSE THERE'S A OVERHANG THAT'S IRRELEVANT.
HE HAS TO GO OUT THE, WE'RE GOING OFF THE FIVE FOOT SETBACK.
SO LET'S SAY THERE'S AN ASS, I MEAN, IF YOUR FENCE IS A FOOT OFF, THEN YOU BASICALLY GET A FREE FOOT FROM WHATEVER WE READ.
IF WE'RE MEASURING EVERYTHING TO THE FENCE, UH, IT'S BECAUSE IT, BECAUSE OUR VARIANCE IS GONNA BE TO YOUR PROPERTY LINE, NOT TO THE FENCE.
AND SO RIGHT NOW YOU'RE ASKING FOR A THREE FOOT, FIVE FOOT VARIANCE.
BUT IF IT'S, IF HIS MINIMUM IS THREE FEET, I'M JUST ASKING IF, IF IT'S AN A D D U AND THE SETBACK IS THREE FEET AND HE'S ONLY ENCROACHING 10 INCHES COLLECTIVELY, IS THAT, DOES THAT, DO WE HAVE TO RE NOTIFY THIS OR IS WE STILL OKAY TO MOVE FORWARD? WELL, WE'RE, WE'RE STILL OKAY TO MOVE FORWARD.
I JUST WANNA MAKE SURE
I ACTUALLY, I HAVE ANOTHER QUESTION.
SO, SO YOU KNOW, WE'D LOOKING AT THE, UM, RESIDENTS AROUND THERE, THERE'S A LOT OF OBJECTION I GUESS WITH REGARDS TO, UM, SEVERAL PEOPLE IN OPPOSITION.
HAVE YOU HAD AN OPPORTUNITY TO TALK TO THEM TO FIND OUT WHAT THEIR MAIN OBJECTION WAS? UM, NO.
OTHER THAN I'VE HAD CONTACT WITH THE TWO NEIGHBORS WHO ARE ON, DIRECTLY ON EITHER SIDE.
ONE OF THEM IS PRESENT AND IN FAVOR OF, OF THE VARIANCE.
AND MIKE, THE GENTLEMAN DIRECTLY BELOW, HAS COMMUNICATED ADDITIONALLY WITH STAFF THAT HIS TWO MAIN CONCERNS, UM, WERE WANTING A, A NEW PRIVACY FENCE SELECTED BETWEEN OUR PROPERTY LINES, WHICH, UM, IS FINE AS LONG AS O H P APPROVES IT.
UM, AND THEN WANTING SOME WATER, UM, DIRECTION FOR RAINWATER BY, BY ADDING GUTTERS.
AND THAT SEEMS TO BE A, A THEME HERE TODAY TO PUT GUTTERS ON.
BUT I THINK THOSE WERE HIS TWO MAIN CONCERNS.
AND, AND, AND SO THANK YOU FOR BRINGING UP THAT POINT.
'CAUSE I DID LOOK AT ONE OF 'EM AND, AND PART OF THE DIALOGUE WAS GUTTERS, YOU KNOW, SO, OR, OR WATER RUNOFF.
AND THEN THE SECOND ONE WAS, UM, SO, SO WAS THIS PREVIOUSLY OCCUPIED? DO YOU KNOW WHEN THE LAST TIME IT WAS OCCUPIED? IT, IT WAS OCCUPIED.
AND SO, SO ESSENTIALLY THE, THE OCCUPANCY LOAD IS NOT CHANGING, UH, BECAUSE IT'S GONNA REMAIN IN A D U AND SO IT'S, WELL, IT'S GONE DOWN ACTUALLY.
BUT, BUT YOU KNOW, 'CAUSE ONE OF THE PEOPLE MENTIONED ABOUT NOISE AND, AND STUFF AND SO, SO I THINK THEY'RE IMPLYING BASICALLY THAT, YOU KNOW, THINGS WERE GONNA BE CHANGING.
BUT IT SOUNDS LIKE IT TRULY IS NOT FROM WHAT I'M, FROM WHAT I'M GATHERING, COR CORRECT.
THERE WERE, THERE WERE ACTUALLY TWO TENANTS AND AGAIN THAT THE BUILDING HAD ALL SORTS OF CODE ISSUES AND STUFF LIKE THAT.
AND IT'S, IT'LL, IT'S ONLY A SINGLE WILL BE A SINGLE RESIDENCE FOR MYSELF WHEN I GET IT DONE
WELL, WOULD YOU LIKE TO, WOULD YOU LIKE TO AMEND YOUR APPLICATION TO INCLUDE GUTTERS? YEAH, THAT WOULD BE FINE.
AS, I GUESS AS LONG AS HISTORIC APPROVES IT, WHICH I ASSUME THEY WILL.
ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER ZUNA? DO WE HAVE ANY COMMENT, PUBLIC COMMENT? IS THERE ANY PUBLIC COMMENTARY? ANY ANYONE SIGNED UP TO ONE PUBLIC, ONE PERSON SIGNED UP TO SPEAK? OKAY.
IT IS MRS. JENNIFER MAURY, THE STRUCTURE BUILT AT THREE 11 EAGLE LAND IS, PLEASE, PLEASE STATE YOUR NAME AND ADDRESS.
JENNIFER MAURY, SIX 30 MISSION STREET.
THE STRUCTURE BUILT AT THREE 11 EAGLE LAND IS A REMODELING OF THE A D U ONE YEAR AGO THE A D U.
AND THIS IS ON THE BOOKS ON B C AD CONSISTED OF A 480 SQUARE FOOT GARAGE THAT I THINK SOMEONE WAS LIVING IN A 200 SQUARE FOOT SHED.
AND A 300 AND SQUARE, 312 SQUARE FOOT LIVING AREA.
THAT'S 992 SQUARE FEET OF STRUCTURE.
WHAT'S NOW IN THAT SAME GENERAL AREA IS A REAR ACCELERATE ACCESSORY STRUCTURE THAT IS A THREE BEDROOM, TWO BATHROOM STRUCTURE.
IT IS NO SEMBLANCE OF WHAT WAS THERE A YEAR AGO.
UM, AS I'VE BEEN LOOKING THROUGH THE DIFFERENT PERMITS, H D R C REQUESTS THAT THERE ARE TIMES THE STRUCTURE IS REFERRED TO AS REMODELING AN ACCESSORY STRUCTURE WITH H T R C, BUT THEN ALSO THE PERMIT IS PULLED TO DO CONSTRUCTION AS NEW CONSTRUCTION.
IT FEELS VERY CONFUSING TO ME, LIKE WE'RE PICKING AND CHOOSING WHAT WE'RE DOING HERE.
WHAT'S, WHAT'S TO MY BENEFIT? THREE 11 EAGLE LAND HAS EXTENDED BEYOND THE ORIGINAL FOOTPRINT OF THE ROOF, CREATING A ROOF LINE THAT HAS BECOME SIGNIFICANTLY LARGER, LARGER OVERALL, IT'S A MUCH STEEPER ROOF LINE, CREATING MORE FORCE WITH WHICH THE WATER WILL DRAIN.
THE ROOF LINE HAS CHANGED DIRECTION SO THAT INSTEAD OF THE WATER BEING DIRECTED TOWARDS EAGLE LAND, IT'S GOING INTO NEIGHBORS YARDS.
UM, AND ALL OF THESE THINGS CONTRIBUTE TO POTENTIAL DAMAGE TO THE NATURE NEIGHBOR STRUCTURE
[03:00:01]
WITH THE LARGER IMPERIOUS COVER, THE LARGER ROOF SIZE ALSO HAS OUR PRECIOUS RAIN GOING STRAIGHT INTO THE STREET AND INTO THE CITY DRAINAGE RATHER THAN LANDING WHERE IT WOULD NATURALLY FALL AND HELPING OUR ENTIRE CITY TO KEEP HERITAGE TREES WATERED, WHICH HELPS WITH MITIGATING THE NEED FOR MORE AIR CONDITIONING.NOT TO MENTION THE RISK OF FIRE MOVING FROM ONE STRUCTURE TO THE OTHER, WHICH IS THE POINT OF SETBACKS IN THE FIRST PLACE.
IF YOU ARE GOING TO DEMOLISH THE STRUCTURE, WHICH TO BE FRANK, I WATCHED THE WHOLE PROCESS.
IT WAS TAKE TWO WALLS DOWN, LEAVE TWO WALLS UP JUST TO MAINTAIN THE FOOTPRINT.
BUT IF YOU'RE GOING, I MEAN THERE WAS NEW, THERE WAS NEW, UM, FOUNDATION PUT ON THAT HOUSE, UM, UH, WHY, WHY WOULDN'T YOU JUST FOLLOW THE SETBACK? IF YOU WERE GOING TO DEMOLISH THE STRUCTURE TO PUT UP A NEW ONE, WHY WOULDN'T YOU FOLLOW THE SETBACK AND PREPARING FOR TODAY? I'VE SPENT SOME TIME OVER THE LAST WEEK LOOKING AT REQUESTS MADE BY AND ON BEHALF OF THE L L C, WHICH NOW OWNS THIS HOME.
THE L L C, WHICH I UNDERSTAND IS BASED IN AUSTIN, SAW THIS HOUSE IN OUR NEIGHBORHOOD AS A GOOD DEAL WITH CIRCUMSTANCES THAT WOULD ALLOW THEM TO TAKE ADVANTAGE OF LOOPHOLES IN OUR PERMITTING PROCESS.
AND WHAT THEY'RE HOPING FOR IS TO MAXIMIZE THEIR OWN PROFITS.
OUR NEIGHBORHOOD IS ONE THEY WANTED TO BUY AND START THEIR SHORT-TERM RENTAL.
AND PRECISELY FOR THE REASON THAT WE AS NEIGHBORS WATCH OUT FOR EACH OTHER.
WE WATCH OUT FOR THE INTEGRITY OF OUR NEIGHBORHOOD AS CHANGES ARE MADE.
AND WE ARE HERE, HERE IN THIS CITY, LIVING BOOTS ON THE GROUND DAY TO DAY TAKING CARE OF EACH OTHER.
THE STRUCTURE USED TO BE FIVE DIFFERENT AFFORDABLE HOUSING UNITS IN A LOVELY NEIGHBORHOOD.
THIS L L C IS OPERATING A SHORT-TERM RENTAL THERE IN OUR LOVELY NEIGHBORHOOD.
UM, AND, UM, THEY AN ORD IN THE ORDINANCE.
IT WAS ISSUED A VIOLATION TWO WEEKS AGO.
SO RIGHT NOW THEY'RE OUT OF COMPLIANCE WITH THE ORDINANCE.
PLEASE DENY THIS REQUEST AND STANDBY THE GUIDELINES THAT OUR COUNTY HAS SPENT DECADES CREATING TO KEEP OUR CITY PROGRESSING TOWARDS A SAFER AND HEALTHIER PLACE FOR US TO LIVE.
AND AS MR. VASQUEZ SAID IN A PREVIOUS, WHEN SOMEONE ELSE WAS UP HERE, HE SAID, THE DUTY OF THE DILIGENCE IS ON THE OWNER BEFORE YOU DO THE BUILDING.
AND I THINK THAT THAT'S VERY PERTINENT TO THIS CONVERSATION.
SO WOULD THE APPLICANT LIKE TO COME UP AND MAKE A REBUTTAL BEFORE WE OPEN THIS UP FOR DELIBERATION? UH, YEAH.
I'M A LONGTIME RESIDENT OF KING WILLIAM.
I RUN A HOUSE AT 2 3 4 MADISON, HAVE BEEN IN THE AREA AND WAS EXCITED TO BECOME A HOMEOWNER.
UM, I LIVE PART OF THE TIME IN AUSTIN AND EXCITED TO BE ON THE PROPERTY.
UM, I LIKE BEING ABLE TO, TO RENT OUT A PORTION OF IT TO COVER THE EXPENSES AS THIS NEIGHBORHOOD IS OBVIOUSLY ONE OF THE MORE EXPENSIVE ONES IN SAN ANTONIO.
UM, WE'VE, WE FOLLOWED THE PERMITTING PROCESS.
WE SPENT SEVERAL MONTHS WORKING WITH THE STORE TO GET THIS APPROVED.
WE WENT THROUGH THE CITY PERMITTING PROCESS AND UM, I I, I DON'T KNOW IF THIS WHOLE FIVE FOOT THING SHOULD HAVE BEEN MISSED, BUT IT WAS NEVER BROUGHT TO MY ATTENTION UNTIL WE'VE ALREADY PUT A LOT OF MONEY INTO, INTO RENOVATING WHAT WAS, WHAT WAS EXISTING.
OONA JUST, UH, COMMISSIONER REALLY KIND OF SPEAKING TO THE HARDSHIP OF, IF, IF YOU WERE HAVING TO MEET THE, THE VARIANCE, UH, REQUIREMENTS HERE, WHAT THE HARDSHIP THAT WOULD COME TO YOU AND THE PROJECT IF YOU WERE HAD TO MEET ALL THE REQUIREMENTS HERE, SPEAK, SPEAK TO THE HARDSHIP.
WELL, I GUESS THERE COULD BE A REQUEST TO TEAR DOWN THE EXISTING STRUCTURE AND MOVE IT OVER, WHICH O OBVIOUSLY WOULDN'T WORK.
AND I WOULD, UM, YOU KNOW, AGAIN, WE WE, WE'VE GOT ALL THE PERMITTING DOCUMENTATION OF WORKING THROUGH WITH HISTORIC AND THEN WORKING THROUGH THE ACTUAL PERMITTING PROCESS.
WE HAVE A PERMIT ISSUED BY THE CITY OF SAN ANTONIO THAT THEY DIDN'T BRING THIS UP IN THE PERMITTING PROCESS.
SO OBVIOUSLY WE WENT FORWARD WITH A GOOD FAITH UNDERSTANDING THAT A PERMIT ISSUED BY THE CITY OF SAN ANTONIO IS THE PERMIT THAT WE HAVE TO FOLLOW.
AND SO THIS ALL CAME UP WITH, WITH ONE ITEM THAT'S A 12 INCH OVERHANG ON THE PROPERTY, NOT THE FULL CONSTRUCTION.
WE'VE HAD MULTIPLE CONSTRUCTION PERMITS AS WE'VE WORKED THROUGH THIS PROCESS.
WE'VE HAD MULTIPLE FRAMING PERMITS THAT THIS WAS ONLY FINALLY BROUGHT UP TO US WITH OUR FINAL FRAMING INSPECTION BEFORE WE PUT UP SHEET ROCK AND STUFF, WHICH IS WHEN THIS WAS NOTED.
SO, UM, I REALLY FEEL LIKE WE'VE DONE THE BEST WE CAN TO FOLLOW, FOLLOW THE PROCESS.
SO THIS, THIS IS AN A D D U, THIS IS ACCESSORY DETACHED DWELLING UNIT, CORRECT? CORRECT.
AND YOU'RE GONNA LIVE ON THE PROPERTY? THAT'S MY PLAN.
SO HE HAS THREE, HE HAS A THREE FOOT SETBACK.
AND, AND, AND FOR ALL WE KNOW, YOU MAY BE, IF YOU GOT RID OF THAT OVERHANG, YOU COULD BE THREE FEET AWAY FROM THE ACTUAL PROPERTY LINE, CORRECT? UM, I MEAN, IF YOU'RE 30 INCHES FROM THE FENCE AND YOU'RE SAYING THE FENCE IS ALMOST A FOOT IN YOU, YOU WOULDN'T EVEN NEED TO COME HERE.
AND IT SEEMED TO ME LIKE THERE WAS AN ARGUMENT TO PUSH BACK ON THE CITY
[03:05:01]
REVIEWER REQUESTING ME TO REMOVE AN ELEMENT OF THE HOME THAT WAS EXISTING ON, ON THE PREVIOUS STRUCTURE.NOW IT SOUNDS LIKE OUR CONVERSATION'S GONE OUTSIDE THE, THE SCOPE OF THAT, BUT YEAH, THEY SAID, HEY, YOU CAN JUST GO TO BOARD OF ADJUSTMENTS AND WE CAN GET THIS 12 INCH OVERHANG APPROVED.
SO, UM, WELL, WHATEVER WAS ON THE PREVIOUS STRUCTURES OF IRRELEVANT, NOW WE'RE LOOKING AT THIS STRUCTURE AND, AND, AND WE'RE, WE'RE JUST TRYING TO MAKE SURE WHETHER YOU HAVE TO HAVE A FIVE FOOT OR A THREE FOOT SETBACK, BECAUSE YOU MAY VERY WELL, THIS ISN'T A D D U, IT'S A THREE FOOT SETBACK IF YOU HAVE NO OVERHANG.
SO IF, IF THE SIDE OF THAT BUILDING IS THREE FEET AWAY FROM THE PROPERTY LINE AND YOU GOT RID OF YOUR OVERHANG, YOU DON'T EVEN NEED TO COME HERE AND THAT YEAH.
NOW, AM I CORRECT ON THAT? WE'RE, WE'RE BACK TO NOT IN COMPLIANCE WITH HISTORIC, RIGHT? WELL, I MEAN THAT'S, WE DON'T, WE DON'T REVIEW FOR HISTORIC, WE'RE JUST LOOKING AT SETBACKS HERE AT THIS TIME.
I MEAN, IF HE MAKES SURE, IF HE REGISTERS, IF HE MAKES SURE THIS IS AN A D D U WITH, WITH YOU AND YOUR PAPERWORK, IT IS A THREE FOOT SETBACK WITH THE OVERHANG, CORRECT? CORRECT.
SO NOW TO BE SAFE, A MEMBER OF THE COMMISSION CAN MAKE A MOTION AT ASSUMING IT IS FIVE FEET, OR ASSUMING IT IT'S THREE FEET AND THEY WANT TO GIVE HIM AN OVERHANG.
IF, IF HE'S ALREADY SAID HE'S GONNA PUT GUTTERS, HE'S CHANGED HIS APPLICATION TO INCLUDE GUTTERS.
SO THAT COULD BE CONSIDERED BY THIS COMMISSION AS WELL.
UM, SO, SO I DO HAVE A QUESTION.
UM, SO, SO AS A DESIGNATE, AS A, AS A, IF WE DESIGNATE THE, OR CAN THE PROPERTY BE CHANGED WITH REGARDS TO THE DESIGNATION OF AN A D D U TO, UM, TO A DIFFERENT TYPE OF STRUCTURE DOWN THE ROAD? WELL, I MEAN IF IT'S, IF IF HE, IF IT'S, IF THE OWNER LIVES THERE, UH, AND IT'S AN A D D U, THEN THAT'S WHAT IT IS.
AND NOW HE, HE, HE ALSO HAS A RIGHT BASED ON THE ZONING TO MAKE IT AN APARTMENT AND NOT LIVE THERE AT ALL.
AND THEN ONCE THAT HAPPENS, IT INSTANTLY HAS TO BE FIVE FEET INSTEAD OF THREE.
AND THAT REQUIRE, AND THAT WOULD REQUIRE COME BACK.
SO, SO BASICALLY IF HE CHANGED IT FROM THE EXISTING, IF HE, IF HE NO LONGER LIVED THERE AND CHANGE IT FROM AND A D D U, THEN IT WOULD REQUIRE COMING BACK FOR ANOTHER, UM, YEAH, VARIANCE BECAUSE IT'S NO LONGER THREE FOOT, IT'S TO BE FIVE FOOT.
SO THE QUESTION IS, IS THAT, IS IS IF THIS COMMISSION WANTS TO MAKE SOMEONE ON THE COMMISSION WANTS TO MAKE A MOTION REGARDING HIS OVERHANG TO COVER HIM, DEPENDING ON WHAT OR NOT, YOU KNOW, IT'S EITHER, DO YOU HAVE AN OVERHANG, ARE YOU THREE? HE'S PROBABLY THREE FEET AWAY, BUT DO WE WANNA GIVE HIM AN OVERHANG? UM, THERE'S STILL A QUESTION WITH THIS PAPERWORK OF WHETHER, I MEAN THE CASE BEFORE US, THERE'S AN ASSUMPTION THAT IT'S NOT AN A D D U BECAUSE IT'S SAYING IT'S A FIVE FOOT SIDE SETBACK.
THAT'S, THAT'S WHAT THE CITY HAS IN THEIR RECORDS NOW.
SO, SO A SAMPLE VARIANCE WOULD BE READ AS WHAT A REQUEST FOR A, LET'S SAY A TWO FOOT WIDTH OVERHANG.
WOULD THAT BE SURE, I MEAN, IT, IT, IT WOULD BE, UH, I'D HAVE TO RUN THIS BY STAFF AS WELL, BUT IT LOOKS LIKE, UH, HE'S ASKING FOR A THREE FOOT FIVE INCH VARIANCE FROM THE SIDE TO ALLOW AN OVERHANG TO BE ONE FOOT SEVEN FROM THE PROPERTY LINE.
SO HE'S SAYING THAT THE EDGE IS ONE FOOT SEVEN FROM THE PROPERTY LINE.
AND AND IS THAT INCLUDING ANY CREDIT THAT HE HAS FROM THE FENCE TO THE PROPERTY LINE, OR IS THAT ALL FROM THE APPLICANT? YOU SAY THAT ONE MORE TIME, SORRY.
WELL, SO THE, THE, THE WHAT'S BEFORE US TODAY IS CALLING FOR AN, AN OVERHANG TO BE ONE FOOT SEVEN FROM THE SIDE PROPERTY LINE.
BUT THE APPLICANT HAD MENTIONED, ARE YOU MEASURING EVERYTHING TO THE FENCE? YES, WE MEASURED FROM THE FENCE.
AND I, I GUESS, AND I SO THAT THAT, JUST TO MAKE SURE I UNDERSTOOD THAT WITH REGARDS TO THE DIALOGUE FOR 'CAUSE, WOULDN'T IT BE THE MINIMUM THREE FOOT SIDE SETBACK? WHICH WOULD YOU BE CALLING OUT? BECAUSE WE'RE ASSUMING THAT IT'S THE A D D U.
'CAUSE IF YOU USE THE FIVE FOOT, THEN WE'RE ASSUMING IT'S THE OTHER WHICH ALLOW, WHICH WOULDN'T REQUIRE THE CHANGE.
SO IF WE READ IT AS A THREE FOOT, UM, ALTHOUGH WOULD THAT REQUIRE RE-ADVERTISING THEN? WELL, THAT'S WHY I ASKED, BUT I THINK IF YOU WORD IT CORRECTLY AND JUST SAY HE'S, HE'S ASKING FOR A VARIANCE FROM THE, FROM THE, UH, MINIMUM SIDE SETBACK TO, TO ALLOW AN ACCESSORY TO, TO ALLOW, TO ALLOW A STRUCTURE WITH OVERHANG TO BE ONE FOOT SEVEN.
I MEAN, THERE'S, THERE'S A WAY YOU COULD READ IT.
I'M SURE THAT WOULD WORK EITHER WAY, UNLESS I'M MISSING SOMETHING.
I'M LOOKING FOR SOME, WE, WE BASED OUR SETBACK OFF OF THE FIVE FEET.
SO YOU CAN USE IT AS THE UNIT OR THE ACCESSORY DWELLING.
SO YEAH, IF, IF WE, IF WE MAKE THE ASSUMPTION THAT IT'S FIVE FOOT AND THEN IT BECOMES AN A, D, D D, WHATEVER WE END UP GIVING HIM TO THE PROPERTY LINE IS, IS IS WHAT CARRIES IF IT CHANGES.
SO IT GOES BACK TO HOW, HOW THE MOTION'S READ THERE.