[00:00:02]
UM, WE'RE GONNA GET THIS STARTED.
WE CAN HAVE THE SPANISH INTERPRETER COME OUT AND DO THEIR PRESENTATION.
UH, CAN YOU TALK INTO THE MICROPHONE? IT'S OKAY.
IF EVERYONE COULD PLEASE BE KIND AND SILENCE OUR MOBILE DEVICES.
STAFF, UH, YOU TAKE ROLL PLEASE.
MR. OZUNA PRESENT CHAIR ORIAN.
SO WE HAVE A QUORUM OF 11 AND IF EVERYONE COULD PLEASE, UH, STAND AND JOIN ME FOR THE PLEDGE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE.
FOR THE JUSTICE FOR ALL HONOR THE TEXAS FLAG.
I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD ONE.
[ Briefing and Possible Action on the following items ]
SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.THE BOARD FOLLOWS AN AGENDA, WHICH IS, WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY 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, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS.
I ASK THAT THE BOARD MEMBER 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 MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY, CO ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE 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 5.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR IT'S REPRESENTATIVE WILL PRESENT THE PETITION AND THEY'LL 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 WILL BE CLOSED AND A MEMBER, THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON A MOTION.
AN ORDER FOR A MOTION TO CARRY.
IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANTING THE RELEASE SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUEST OF RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL.
SPECIAL EXCEPTIONS OF VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW.
BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS OF THE PERTINENT FACTS OF YOUR CASE.
STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXCEPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT.
PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION.
ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST.
FOR THOSE THAT ARE, THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION, YOU'LL BE CALLED IN ORDER THAT YOU SIGNED UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU'RE NOT
[00:05:01]
OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION.FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER.
THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVEN THEIR TIME FOR A TOTAL OF NINE MINUTES.
THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED TO SPEAK.
GROUPS CONSISTING OF THREE OR MORE CITIZENS WILL BE ALLOCATED NINE MINUTES TOTAL TO ADDRESS THE BOARD ON THAT ITEM.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER FOR A THREE MINUTE TIME ALONG WITH AN OPPORTUNITY TO ADDRESS THE BOARD QUESTIONS.
UH, ITEM NUMBER ONE, UH, REGARDING 1611 NORTH PALMETTO IS VERSE ON THE AGENDA.
MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICE ITEM NUMBER BO O EIGHT DASH 23 DASH 0 3 0 0 2 9 8.
APPLICANT ARIAN SANCHEZ IS REQUESTING FOR A PARKING ADJUSTMENT TO WAIVE THE ONE REQUIRED ALL STREET PARKING SPACE FOR A SHORT-TERM RENTAL LOCATED AT 1611 NORTH PALMETTO ZONE RESIDENTIAL SINGLE FAMILY DISTRICT IN COUNCIL DISTRICT TWO, THE APPLICANT IS SEEKING A PARKING ADJUSTMENT TO WAIVE THE ONE REQUIRED OFF STREET PARKING SPACE FOR A SHORT-TERM RENTAL.
THERE ARE CURRENT, CURRENTLY NO SHORT ACTIVE SHORT-TERM RENTAL PERMITS ON THE BLOCK.
THE SHORT-TERM RENTAL ORDINANCE STATES THAT AN OFF STREET PARKING SPOT SHOULD BE PROVIDED TO QUALIFY FOR PERMIT.
THERE ARE SEVEN LOTS ALONG THIS BLOCK.
PHASE ONE TYPE TWO SHORT-TERM RENTAL PERMIT HAD PREVIOUSLY BEEN APPROVED ON THE BLOCK PHASE ON SEPTEMBER 29TH, 2020.
THE SUBJECT PROPERTY HAD THE ORIGINAL PERMIT GRANTED ON SEPTEMBER 29TH, 2020, BUT EXPIRED ON SEPTEMBER 29TH, 2023.
THEIR CURRENT RENEWAL APPLICATION CAN BE APPROVED WITHOUT RELIEF FROM THE BOARD OF ADJUSTMENT.
THIS IS THE SITE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION.
THIS IS THE SUBJECT PROPERTY AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS.
THERE ARE SEVEN UNITS PRESENT ON THE BLOCK FACE.
THE SUBJECT PROPERTY WAS BUILT IN 1917 BY UTILIZING THE NORTH 38 POINT 88 FEET OF THE ABUTTING PARCEL TO THE SOUTH STATE LAWS REQUIRING PLATTING FOR THE DEVELOPMENT OF SUBDIVIDED LOTS DID NOT EXIST UNTIL JUNE 14TH, 1927.
STAFF RECOMMENDS DENIAL AND BO OA DASH 23 DASH 1 0 3 0 0 2 98 FOR A PARKING ADJUSTMENT TO WAIVE THE ONE REQUIRED OFF STREET PARKING SPACE FOR SHORT, SHORT-TERM RENTAL PER SECTION 16 DASH ZERO OF THE CITY CODE.
STAFF FINDS THAT THE APPROVAL WILL BE DE DETRIMENTAL TO THE HEALTH AND SAFETY OF THE OCCUPANTS OF THE SHORT-TERM RENTAL PROPERTY AND TO THE INTEGRITY OF THE NEIGHBORHOODS IN WHICH THE SHORT-TERM RENTAL PROPERTY OPERATES.
24 NOTICES WERE MAILED OUT, ZERO IN FAVOR, ONE IN OPPOSITION AND THERE WAS NO RESPONSE FROM THE GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION.
AND THIS CONCLUDES STAFF PRESENTATION.
APPLICANT IS HERE TO ANSWER ANY QUESTIONS AND THE CITY FINDS DEPARTMENT IS ALSO PRESENT FOR ANY HARBOR ACCOUNT RELATED QUESTIONS.
UH, JUST A COUPLE QUICK, UH, CLARIFICATIONS.
UH, WHEN THIS WAS ORIGINALLY ISSUED A PERMIT, UH, DID THEY HAVE AN OFF STREET PARKING SPACE? NO, THEY DID NOT.
SO HOW DID IT GET ISSUED A PERMIT? SO, SO WE, WE ARE UNSURE WHY THE PREVIOUS TEAM APPROVED THIS, BUT OUR AIM IS TO DEMONSTRATE THROUGH OUR NEW RIGOROUS EVALUATIONS THAT APPLICATIONS INCLUDING PERMIT RENEWALS WILL NOT BE OVERLOOKED.
UH, APPLICATIONS ARE GIVEN FAIR CONSIDERATION REGARDLESS OF THEIR PRIOR PERMIT STATUS.
UH, DID YOU OBSERVE ANY, ANY ABILITY TO PUT IN A DRIVEWAY, UH, OR A PARKING SPACE? UH, I DON'T KNOW IF YOU WERE THE ONE WHO WENT OUT TO THE SITE, BUT DID YOU, DID YOU SEE IT WAS, IF IT WAS POSSIBLE, UM, BASED ON VIEWING THE PROPERTY FIRSTHAND, THERE WAS, IT LOOKED LIKE PERCEIVED TO BE NO SPACE FOR A PARKING SPACE AVAILABLE.
DID ANY OTHER QUESTIONS? STAFF? WHAT DID YOU JUST SAY? COULD, WHAT DID YOU SAY? OH, BASED ON VIEWING THE SUBJECT PROPERTY, IT PERCEIVED TO BE NO SPACE FOR THERE TO BE A PARKING SPACE.
ANYONE ELSE? SO IF IT WERE OWN OR OCCUPIED INSTEAD OF A SHORT TERM RENTAL, THE OWNER WOULD HAVE TO PARK ON THE STREET ANYWAY, WOULDN'T HE? CORRECT.
YOUR NEXT COMMISSIONER ZI KNOW THERE WAS ONE, AN OPPOSITION FOR THE CURRENT, UM, REQUEST.
WAS THERE ANY COMPLAINTS OR, UM, HISTORICAL FILINGS ON FINDINGS ON THIS PROPERTY? THE ONLY COMPLAINT THAT THE PERSON OPPOSITION MADE WAS IN REGARDS TO HAVING THE SHORT-TERM RENTAL PROPERTY.
WHEN IT DID GET RENTED OUT THAT SOME
[00:10:01]
OTHER PEOPLE WOULD PARK IN FRONT OF THEIR ADDRESS AND THAT ADDRESS WAS 1618 NORTH PALM MITO.UH, COMMISSIONER KAPLAN, HAS THIS BEEN RENTED OUT ALREADY OR IS THIS SOMETHING THAT, UH, IT SAID THAT IT HAD, OR, UH, EARLIER IT HAD BEEN RENTED OUT.
SO THIS HAS BEEN A SHORT-TERM RENTAL IN THE PAST? YES.
AND THERE WERE NO PROBLEMS? UM, NOT THAT, UM, ONLY THE COMPLAINTS THAT THE OPPOSITION MADE NOT, NOT PREVIOUS COMPLAINTS WERE MADE? NO, NO COMPLAINTS BY THE NEIGHBORHOOD WERE MADE ABOUT THE PARKING IN THE PAST, JUST FROM THE ONE, UM, INDIVIDUAL IN THE NEIGHBORHOOD.
THEY DID, UM, SAY THAT THERE WAS ISSUES WITH THE PARKING, LIKE BLOCKING, UM, THAT STREET.
UH, COMMISSIONER BEVI, I JUST WANNA MAKE SURE THAT I UNDERSTAND.
SO THEY APPLIED FOR THE ORIGINAL IN 2020.
THEY WERE, UH, GRANTED A PERMIT AND THEN THEY'RE UP FOR RENEWAL.
THE RENEWAL WAS GRANTED, BUT THE PERMIT WAS DENIED FOR THE OFF STREET PARKING.
IS THAT CORRECT? WE HAVEN'T ISSUED THE RENEWAL YET.
IT'S ON, UM, ON HOLD PENDING, UH, THE DECISION FROM VOA IF THEY WANNA WAIVE THE ONE OFF STREET PARKING REQUIREMENT.
ALRIGHT, LET'S HAVE THE APPLICANT COME OUT.
WHILE THE APPLICANTS COME OUT, UM, CAN YOU ALSO BRING UP GOOGLE MAPS AND SHOW THE, UH, FRONT VIEW FROM GOOGLE STREET, PLEASE? YOU CAN START WITH YOUR NAME AND ADDRESS AND THEN PRESENT YOUR CASE.
I GROW A LITTLE SOMETHING TO READ.
IS THAT OKAY? WHAT'D YOU SAY? I, I GROW SOMETHING TO READ? YES.
I OWN THE 1611 NORTH PALMETTO HOUSE, A CITY OF AUSTIN REGISTER PROPERTY AS A HISTORIC STRUCTURE BY THE OFFICE OF HISTORIC PRESERVATION.
AND THANK YOU COMMISSIONER FOR YOUR VOLUNTEER WORK.
I AM HERE TO ASK YOU TO VOTE IN FAVOR OF PARKING ADJUSTMENT TO WEIGH THE ONE OFF STREET PARKING SPACE FOR A SHORT-TERM RENTAL.
I LOVE SAN ANTONIO AND I HAVE BEEN SO EXCITED WITH MY DAUGHTER VANESSA, CHOOSING UTSA AS HER UNIVERSITY.
AT THAT TIME, I COULD NOT EVEN THINK ABOUT PURCHASING A HOME HERE.
AS A SINGLE MOM, MY PRIORITY WAS FOR THREE DAUGHTERS TO FINISH COLLEGE, AND THEY DID.
I BEGAN THE JOURNEY OF LOOKING FOR A SECOND HOME ABOUT SEVEN YEARS AGO, BUT IT STILL WAS TOO FAR AWAY.
AFTER COLLEGE, MY DAUGHTER VANESSA, CHOSE TO MAKE SAN ANTONIO HER PERMANENT HOME.
SHE MET AALIYAH WHO IS HERE, AND THEY STARTED A LOVE STORY TOGETHER HERE.
UH, DURING THE COVID PANDEMIC, I WAS MISSING MY CHILDREN SO MUCH, BUT I I WAS SCARED TO BE IN A PHYSICAL SPACE WITH THEM.
THIS IS WHEN I DECIDED TO FINALLY MAKE THE SACRIFICE AND PURCHASE A HOME IN SAN ANTONIO.
I MADE A FEW REQUESTS TO MY REAL ESTATE AGENT, ANITA, A HOME CLOSE TO MY DAUGHTER.
SHE LIVED ON THE DENO WITTY HISTORIC NEIGHBORHOOD, A QUIET NEIGHBORHOOD, AND A CONTRIBUTOR TO THE HISTORIC ARCHITECTURE OF SAN ANTONIO CASA.
THIS IS HOW I LIKE TO CALL MY HOME.
WHAT'S THE PERFECT CHOICE? CASA ZU IS A 850 SQUARE FEET HISTORIC CRAFTSMAN STYLE COTTAGE LOCATED IN THE GOVERNMENT HILL HISTORIC DISTRICT SITTING PRETTY ON A 2,100 SQUARE FEET LOT BUILDING.
1917, MY DAUGHTER AND I FELL IN LOVE WITH IT.
AT THAT TIME, I KNEW I NEEDED TO HAVE SOME KIND OF INCOME TO FINANCIALLY AFFORD IT.
MY DAUGHTER HAD EXPERIENCE DOING AIRBNB AND I THOUGHT THAT WAS THE PERFECT OPTION.
I CALLED DEVELOPMENT SERVICES BEFORE I PURCHASED THE HOME, AND I WAS HAPPY TO HEAR THAT I COULD DO AIRBNB ON THIS HOUSE.
I BOUGHT THE HOUSE IN THIS 2020 SUMMER AND IT STARTED RENOVATION PROCESS.
A LOT NEEDED TO GET DONE, BUT SOMETIME TOWARD THE MONTH OF OCTOBER, CASA WAS READY.
I APPLIED FOR THE SHORT-TERM RENTAL, AND A LICENSE WAS GRANTED OR PROVIDED.
THE PARKING WAS ADDRESSED WITH A QUICK SIDE PLAN DRAWING, SHOWING TWO CARS PARKED OUTSIDE THE HOUSE.
THIS WAS ACCEPTED, AND, AND I HAVE DONE AN AIRBNB SINCE 2020.
CASA CAN ONLY HOST FAMILIES NO MORE THAN FIVE INDIVIDUALS, INCLUDING CHILDREN.
SO THERE HAVE NEVER BEEN ISSUES OF EVENTS, NOISE PARTIES, OR DISRESPECT TO THE NEIGHBORS.
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REASONS TO VISIT OUR MEN AND WOMEN IN SERVICE MEDICAL NEEDS.QUICK GETAWAY ON TEMPORARY SHELTER DUE TO EMERGENCY WEATHER.
I HAVE A BLACK BOOK THAT I USE AS AN AVENUE FOR PEOPLE THAT VISIT MY HOME AND GRAB A FEW NOTES, AND I THINK THEY'RE GONNA SHOW THEM ON THE SCREEN.
AND I'M GONNA READ JUST A COUPLE.
WE LOVE FOR A SPECIAL STATE AT CASSO, WE ACTUALLY LIVE LESS THAN A MILE FROM HERE, BUT WE WANTED A SPECIAL PLACE FOR A CATION AFTER OUR NEW SON WAS BORN.
BORN IN SAN ANTONIO BIRTH CENTER ON NOVEMBER 27TH, THE BIGGEST BABY TO EVER BE BORN AT THE BIRTH CENTER, 11 POUNDS, 12 OUNCES.
WHEN I ARRIVED AT CASA SOUL, HE DIDN'T YET HAVE A NAME, BUT HE LOVE, HE LIVED TODAY WITH NICHOLAS, WHO ARE LOVE MADISON, TWO AND A HALF DAYS OLD.
THANKFULLY, HE SPENT HIS FIRST FEW DAYS IN THIS BEAUTIFUL HOME, JUST SOAKING ALLING COZY INSIDE FROM THE CALL.
I COME TO VISIT WITH FAMILY WE DON'T OFTEN GET TO SEE DUE TO SON-IN-LAW, MILITARY CAREER.
IT WAS NICE TO HAVE A LOVELY HOME TO STAY IN AND HAVE THEM OVER FOR A FEW HOURS INSTEAD OF A HOTEL COMMERCIAL BUILDING.
THE HOME GAVE ME WARM UNDERTONES OF A FAMILY VISIT, LOVE TO SHARE, AND THE
THIS IS THE LAST NOTE THAT I GOT.
SO I, I JUST WANT TO, UH, LET YOU KNOW THAT WE'RE HERE TO, TO FIGURE OUT ABOUT YOUR PARKING SCENARIO.
I'M NOT, I'M SURE EVERYONE LOVES YOUR SHORT-TERM RENTAL, BUT WE, BUT CAN YOU PLEASE, UH, ADDRESS THE BOARD WITH, WITH HOW THIS IS ACCEPTABLE, WHY THERE'S A HARDSHIP, UH, SO THAT WE HAVE SOMETHING TO DELIBERATE ON.
I WANT TO SHARE THAT I COME TO SAN ANTONIO OFTEN TO VISIT MY DAUGHTER AND HER FAMILY.
WE HAVE CELEBRATED VANESSA ELLIE'S WEDDINGS HOSTED COUSIN.
AND DURING 2020 FEBRUARY WINTER STONE WAITED FOR MY GRANDSON TO BE BORN, CELEBRATED HIS FIRST AND SECOND YEAR, WATCHED THE CLIPS TOGETHER AND VISIT PEARL DISTRICT.
I VISIT MY NEIGHBORS AND I GOT SEVERAL LETTERS OF SUPPORT, WHICH THEY'RE, THEY WERE ON THE SCREEN.
WHILE AT WALK, I NOTICED THAT MANY HOUSES ARE SELLING NEEDS OF RENOVATIONS.
MY PLAN IS KEEPING CASA SOUL AND CONTINUE MAKING IMPROVEMENTS, BUT I NEED THE SHORT TERM RENTALS SO I CAN GET THE FUNDING TO CONTINUE.
I DID A QUICK CHECK AND I NOTICED THAT THIS YEAR I RENTED A HOUSE LESS THAN 150 DAYS, WHICH MAKES SENSE BECAUSE I COME OFTEN.
SO TODAY I'M ASKING TO PLEASE VOTE IN FAVOR.
SO LET'S SEE IF WE HAVE ANY QUESTIONS FOR YOU.
UM, MS. MS. SANCHEZ, UH, I NOTICE THAT THERE IS SOME ROOM IN THE FRONT SIDE, UH, OF THE RIGHT HAND SIDE OF THE HOUSE WHERE YOU MIGHT PUT A DRIVEWAY SO YOU COULD HAVE ONE OFF STREET PARKING SPACE.
IS THERE AN A REASON WHY YOU WOULDN'T DO THAT? NO, THERE IS NO SPACE FOR A FULL CAR INSIDE THE LOT.
CAN YOU PULL UP THE, UH, THE ZONING MAP ON THE PRESENTATION PLEASE? WHAT? ON THE POWERPOINT? THERE SHOULD BE AN AERIAL TOWARDS THE END.
SO THERE IS NO, THERE IS NO SPACE FOR A CAR TO PARK IN.
LET, LET'S, LET'S DO IT THIS WAY.
CAN YOU BRING UP THE TITLE, THAT SURVEY AGAIN PLEASE? UH, THE ONE WITH THE, UH, NOTATIONS ON IT.
AND SO IF YOU PROVIDE A PARKING SPACE, IT HAS TO EXIST WITHIN YOUR PROPERTY.
SO THE QUESTION IS, IS THAT FROM THE SIDE OF YOUR HOME TO YOUR, TO THE FENCE? HOW WIDE IS THAT? 16? I DON'T KNOW.
UM, I'M TALKING ABOUT RIGHT HERE.
FROM THE SIDE OF YOUR HOME AT, AT THE FRONT RIGHT CORNER TO THE FENCE.
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WIDE DO YOU THINK IT IS? HOW WIDE I THINK IT IS.UM, IT LOOKS, IT LOOKS LIKE IT, IT MIGHT BE EIGHT FEET.
IT COULD BE LESS, IT COULD BE MORE STAFF.
IF YOU CAN BRING UP THAT SURVEY, PLEASE.
YEAH, I, OH, I THINK I HAVE SOMETHING.
UM, OH YEAH, I, THAT'S THE SAME THING THAT I HAVE.
SO THE, SO THE QUESTION IS, IS THAT DO YOU HAVE THE PHYSICAL SPACE TO PUT A PARKING SPACE? UH, AND IT WOULD HAVE TO GO AT LEAST 18 FEET, YOU KNOW, PAST THAT SIDEWALK.
SO THE, SO DO YOU HAVE, UH, YOU HAVE ENOUGH WIDTH THERE FROM THE CORNER TO THE SIDE FENCE TO PROVIDE, DO YOU HAVE NINE FEET THERE? I I, I DON'T KNOW IF I HAVE, HAVE NINE FEET AND I DON'T KNOW WHAT'S THE REQUIREMENT OF A PARKING.
I CAN TELL YOU THAT, UM, WHERE YOU SEE THIS SPACE, WHAT YOU'RE NOT NOTICING IS THAT THERE IS A GAS LINE AND THERE IS THE AC.
YEAH, YOU HAVE AN AC THING THAT MIGHT BE IN THE WAY.
SO THAT'S, THAT'S WHAT I'M THINKING, BUT I DON'T KNOW WHAT THE REQUIREMENTS ARE TO BUILD A PARKING.
YOU MIGHT HAVE NINE IF YOU DIDN'T HAVE YOUR AIR CONDITIONING UNIT THERE.
SO THAT'S, UH, I JUST WANTED TO ASK THAT QUESTION.
UH, ANY OTHER QUESTIONS FOR THE APPLICANT? BENAVIDEZ, COMMISSIONER BENAVIDEZ.
SO MARIN, COULD YOU TELL US, IF YOU DON'T GET THAT, IF THAT PARKING SPACE IS NOT APPROVED, HOW IS THAT GOING TO AFFECT THE RENTAL OF, OF YOUR HOME? WELL, I MEAN, THE REASON THAT I BOUGHT IT IS BECAUSE I WANNA VISIT MY FAMILY AND SPEND TIME IN SAN ANTONIO.
SO THE SHORT-TERM RENTAL GIVE ME SOME INCOME TO MAINTAIN THE HOUSE.
SO IF I DON'T GET THE SHORT-TERM RENTAL APPROVAL, I PROBABLY NEED TO SELL IT.
AND, AND I, YOU KNOW, HAVE A GRANDKID AND I JUST LOVE SPENDING TIME WITH HIM.
SO THE, WHEN I, BEFORE I BOUGHT THE HOUSE, I CALLED DEVELOPMENT SERVICES BEFORE I MADE THAT COMMITMENT AND THEY TOLD ME I COULD DO THE SHORT TERM.
AND THEN OF COURSE, AS YOU ALL KNOW, I GOT THE PERMIT.
I'M JUST REALLY SURPRISED NOW THAT I, I NEED TO DO THIS.
AND NOW MY GRANDSON IS TWO YEARS OLD AND I'M IN LOVE WITH HIM.
SO, UM, I, I MEAN, I, I DON'T FEEL I CAN PUT A PARKING THERE.
IT DOESN'T, SEEMS THAT IT HAS THE SPACE.
SO, AND YOU DON'T HAVE A FIRE HYDRANT OR SOMETHING THAT WOULD BE MAKE IT ILLEGAL FOR SOMEONE TO PARK IN FRONT OF YOUR HOME? OH NO, I DON'T HAVE THAT.
UH, STAFF, IS THERE ANYONE SIGN UP TO SPEAK OR ANY VOICEMAILS? WE HAVE ONE VOICEMAIL AND ONE SPEAKER.
I THINK WHAT WE'LL DO IS WE'RE GONNA LISTEN TO THE VOICEMAIL AND, AND LISTEN TO THE CITIZENS END SPEAK AND THEN WE'LL HAVE YOU COME BACK UP AND SEE IF WE HAVE ANY ADDITIONAL QUESTIONS.
MANNA, UH, COMMISSIONER MANNA.
SO CAN THE CITY, UH, STAFF PLEASE BRING UP THE, UM, GOOGLE PHOTO AGAIN, PLEASE.
UM, AND STEP ONE FURTHER, STEP NORTH, I GUESS IN THE PI IMAGE? YEAH, GO ONE STEP FORWARD.
SO YEAH, SCOOT DOWN THE STREET ONE SLOT PLEASE SO I CAN SEE THE SIDE.
OKAY, SO NOW WE CAN SEE THE SIDE OF THE PROPERTY, UH, WHERE THE UNIT IS AND YOU CAN ZOOM IN ON THAT A LITTLE BIT.
AND THEN, UM, AND THEN IF YOU COULD, PERFECT.
UM, SO, SO THERE DOES APPEAR TO BE, YOU KNOW, 10 FEET THERE ON THE SIDE, NINE FOOT, YOU KNOW, PER THE DRAWING THAT THE, ON THE ONE DRAWING, IT SHOWS FIVE FOOT FROM THE SIDE PROPERTY TO THE FENCE FROM THE SIDE OF THAT HOUSE.
SO YOU GOT THE EXTENSION THERE, WHATEVER SIZE THAT IS OF FIVE FOOT.
SO IT DOES LOOK LIKE A 10 FOOT WIDTH THERE POTENTIALLY.
AND THEN IF YOU GO OVERHEAD, THE AIR CONDITIONER IS PUSHED AGAINST THAT FAR WALL.
SO, SO THERE IS SPACE THERE, YOU KNOW, JUST FROM MY PERSPECTIVE.
BUT, BUT JUST TO COMMENT AND JUST TO NOTE THAT.
COMMISSIONER CRUZ, UM, I KNOW THEY SAID WE HAD SOMEBODY HERE FROM CITY STAFF ON THE PARKING REQUIREMENT.
IS HE AVAILABLE TO GIVE US AN UPDATE ON THAT? WHAT IS THE, WELL, BECAUSE I'M TRYING TO FIGURE OUT DOES HE THINK THERE'S ENOUGH SPACE THERE FOR THE PARKING SLOT BECAUSE OF COURSE THERE'S, UH, THE BUSH THERE THAT WOULD HAVE TO GET REMOVED AND OF COURSE THEY WOULD HAVE TO FIX THE FENCE AGAIN.
SO I'M JUST TRYING TO FIGURE OUT YEAH, AND OF COURSE THE CURB CUT OUT.
SO, UM, IS THERE ANYONE ON STAFF THAT, THAT MAY HAVE BEEN OUT THERE THAT COULD SPEAK ON, UH, THEIR OPINION ON WHETHER OR NOT A SPACE COULD PHYSICALLY EXIST? UH, THERE'S SOMEBODY THAT'S IN ROUTE.
SO LET'S LISTEN TO THE, LET'S LISTEN TO THE VOICEMAIL AND, AND THE CITIZEN CENTER TO SPEAK WHILE WE'RE WAITING FOR THAT STAFF MEMBER TO SHOW UP.
HELLO, THIS IS PHYLLIS NEWMAN.
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PANAM EXPRESSWAY.I'M CALLING IN REGARDS TO CASE NUMBER, THE LAST THREE DIGITS ARE 2, 9 8.
I AM IN, UH, OPPOSITION ONLY BECAUSE I DON'T WANT THIS TO SET A PRECEDENT IN THE GOVERNMENT HILL AREA THAT ANY SHORT TERM RENTAL SHOULD HAVE.
THAT'S THE ONLY REASON I'M IN OPPOSITION.
UH, THIS HOUSE, IT'S A LITTLE SMALL HOUSE THAT THEY, UM, SECTIONED OFF, I CALL IT.
AND WHEN THEY SECTIONED IT, THEY DIDN'T INCLUDE A PARKING SPACE.
IT WOULDN'T REALLY BOTHER ANYBODY.
'CAUSE I WOULD ASSUME THAT THE GUY HAS A LIMIT ON THE NUMBER OF PEOPLE THAT CAN STAY IN THAT HOUSE BECAUSE IT'S THE, IT IS A SMALL HOUSE THAT HAS BEEN RENOVATED VERY NICELY.
SO, UM, IF THERE WERE SOME WAY TO UNDERSTAND THAT THIS WOULD NOT SET A PRECEDENT FOR THE GOVERNMENT HILL AREA FOR SHORT TERM RENTALS OR ANYONE THIS BUILDING, UH, THEN I WOULD BE IN FAVOR OF IT BECAUSE HE'S CLEARLY ON A STREET THAT EVERYBODY ELSE HAS PARKING.
AND, UH, THE ONLY PEOPLE THAT WOULD NOT BE PARKING ACTUALLY OFF THE STREET WOULD BE THOSE THAT HAVE CHOSEN NOT TO DO IT ARE THOSE THAT HAVE IN EXCESS OF MORE THAN ONE VEHICLE, SOMETIMES IN EXCESS OF TWO VEHICLES.
SO AGAIN, I'M, I AM IN OPPOSITION, BUT ONLY BECAUSE I THINK THAT IT MIGHT SET A PRECEDENCE FOR THE GOVERNMENT HILL AREA FOR SHORT TERM RENTALS.
AND WE HAVE, HELLO, THIS IS PHYLLIS NEWMAN TWO.
AND THEN WE HAVE, UH, UH, SOMEONE IN THE GALLERY TO COME UP.
PLEASE STATE YOUR NAME AND, AND TELL US WHAT YOU THINK, WHAT YOUR THOUGHTS ARE.
ELI KIM GARCIA, I, UM, THIS IS MY MOTHER-IN-LAW.
AND, UH, I LIVE IN DIG HILL ON, UH, SSON AND THE HOUSE VERY SIMILAR TO THIS ONE.
THEY WERE MADE A HUNDRED YEARS AGO.
THEY DIDN'T EVEN THINK ABOUT CARS OR ANYTHING WHEN WE PUT THE, THE, UH, WHEN SHE COMES OVER, THIS HOUSE HAS ONLY BEEN RENTED 130 DAYS THIS YEAR.
SHE'S NOT, IT'S NOT A BUSINESS, IT'S NOT A HOTEL.
YOU KNOW, SHE'S HERE MOST OF THE WEEKENDS.
SHE'S BEEN HERE LIKE EVERY WEEKEND TO SEE, THIS IS HER, HER FIRST GRANDSON.
SO SHE'S NOT LIKE HAVING WILD PARTIES OR ANYTHING LIKE THAT.
THERE'S NOT ENOUGH SPACE FOR MULTIPLE VEHICLES.
MULTIPLE PEOPLE CONGREGATE IN THIS HOUSE.
IT'S NOT GONNA CAUSE A LOT OF VEHICLES TO BLOCK THE, YOU KNOW, ANY DRIVEWAYS.
I WANT TO MAKE SURE THAT WE ADDRESS THAT.
AND I AGREE WITH, UH, ON, IN YOUR, THE CONCERN.
I'M ASSUMING YOU'VE BEEN THERE? UH, YES.
WELL, SO IN YOUR OPINION, CAN TWO CARS FIT IN FRONT OF THE HOUSE? WITHIN THE FRONTAGE OF, OF THE PROPERTY? WE, YEAH, WE, WE PARK THERE.
I MEAN, IT DEPENDS ON THE SIZE OF THE VEHICLE, BUT THERE'S PARKING, UH, DIRECTLY IN FRONT.
AND WE'VE THOUGHT ABOUT HOW TO TRY AND FIT A DRIVE ON.
UM, SO DO, DO YOU HAVE, UH, ANY COMMENTARY FOR, WE'VE, WE'VE HEARD DISCUSSION THAT THERE MAY OR MAY NOT, THE TITLE SURVEY IMPLIES THERE MOST LIKELY IS FROM THE SIDE OF THE HOUSE TO THE FENCE UPWARDS OF NINE OR 10 FEET.
UH, WHAT, WHAT ARE YOUR THOUGHTS ON THAT? IF YOU KNOW, THIS IS SUPPLEMENTAL INCOME, IT HELPS COVER THE EXPENSES OF THE HOUSE.
SO IF WE'RE NOT ABLE TO, I, I REALLY DON'T THINK IT WOULD DEPEND ON THE COSTS.
AND I JUST DON'T KNOW IF, IF THERE'S ENOUGH BEING GENERATED WITH ONLY 120 RENTAL.
ANY OTHER QUESTIONS FROM THE COMMISSION? ALL RIGHT.
SO WE'RE GONNA, WHAT WE'RE GONNA DO IS HAVE THE APPLICANT COME, ACTUALLY I NOTICED THAT WE HAVE A MEMBER FROM, UH, UH, TRANSPORTATION AND TRAFFIC HERE.
SO LET'S, LET'S HAVE 'EM COME UP.
WE HAD SOME QUESTIONS ABOUT PARKING SPACES.
UM, I, DID YOU GO OUT AND VISIT THE AREA AND YOU KNOW THE AREA ALREADY? UH, I'M FAMILIAR WITH THE AREA.
I DID NOT GO TO THIS SITE, BUT I'VE BEEN LOOKING AT THE, THE SURVEY, LOOKING AT THE, THE SURVEY AND THE SITE PLAN THAT THEY HAVE.
BECAUSE WE'RE TRYING TO FIGURE OUT IF THAT, UH, BUSH THAT'S THERE GETS REMOVED.
AND OF COURSE THEY WOULD HAVE TO MOVE THE FENCE.
WOULD THAT BE ENOUGH ROOM TO PUT IN A PARKING SPACE? UH, OUR STANDARD PARKING STALLS OR NINE FOOT WIDE BY 18 FOOT DEEP.
[00:30:01]
SO IN FRONT OF THE HOUSE, LOOKING AT THE SURVEY, THEY'RE SHOWING 16 FOOT TWO.UM, ON THAT RIGHT SIDE, IF YOU'RE FACING THE HOUSE, IT APPEARS THEY DO, BUT I DON'T KNOW WHAT THAT MEASUREMENT FROM THE SIDE OF HOUSE TO THE PROPERTY LINE IS.
IF IT'S OVER NINE FEET, THEN THAT SHOULD BE SUFFICIENT FOR A PARKING SPACE.
BUT OF COURSE IT WOULD HAVE TO ALSO HA GET A CURB, THEY WOULD HAVE TO DO A DRIVEWAY PERMIT FOR THAT.
UM, SO YOU SAID IT'S 18 FEET, BUT SHE ONLY HAS 16.2 ON THE RIGHT SIDE.
THE ONLY DIMENSION WE HAVE IS FROM THE FRONT OF THE HOUSE.
SO THAT'S, WE WOULD NEED MORE DIMENSIONS TO SAY YES.
UH, A PARKING SPOT WOULD BE VIABLE.
UM, BUT I'M LOOKING AT THE, IF YOU'RE FACING THE PROPERTY, THE RIGHT SIDE, BASED ON THAT SURVEY, IT DOES APPEAR TO BE IN MORE ROOM, BUT I DON'T KNOW WITHOUT, UM, DIMENSIONS EXACTLY WHAT IT IS.
STAFF, DO YOU HAVE A CLEAN COPY OF THAT SURVEY? BECAUSE I'M, I'M THE FIVE FIVE DIMENSION.
I'M TRYING TO FIGURE OUT, IS THAT TO THE PROPERTY LINE OR TO THE FENCE? THAT'S THE ONLY, UH, SITE PLAN THAT THEY PROVIDED THE APPLICANT.
DO YOU HAVE A, A, A CLEANER COPY OF THAT? OKAY, SO THAT FIVE FOOT, FIVE DIMENSION IS TO THE PROPERTY LINE AND NOT TO THE FENCE.
UM, THE FENCE IS SIX INCHES, SO IT, SO IT'S FIVE FEET FROM THE HOUSE TO THE FENCE APPROXIMATELY.
UM, UM, QUESTIONABLE WHETHER OR NOT, BUT IT LOOKS LIKE IT EASILY COULD HAVE NINE FEET FROM THE SIDE OF THE HOUSE IN THAT INSET THERE.
UH, SO THAT'S JUST PUTTING THAT OUT THERE.
UH, ANY OTHER QUESTIONS FOR THE APPLICANT? QUESTION FOR STAFF IN REGARDS TO PARKING ALONG THE NORTH PALMETTO AVENUE? IS STREET PARKING ALLOWED ON BOTH SIDES OF THE STREET? UM, AS FAR AS I'M AWARE, I DID NOT SEE ANY, NO PARKING SIGNS.
THAT'S, UH, YOU KNOW, IF THERE WAS, IT WOULD'VE BEEN INSTITUTED AFTER THE FACT BY PUBLIC WORKS AND THERE'D BE SIGNAGE ON, ON EITHER SIDE IF THERE WAS NO PARKING.
MANNA COMMISSIONER MANNA, UM, HOW MUCH DOES THE CURB, THE COST OF A CURB CUT? IT? IT DEPENDS.
UH, I MEAN, IN ALL HONESTY, IT DEPENDS ON, ON THE CONTRACTOR.
THEY GET PRICE OF CONCRETE, UH, FOR OUR REQUIREMENTS ARE IN THE RIGHT OF WAY FROM PROPERTY LINE TO THE EDGE OF ASPHALT IS GOING TO BE CONCRETE.
AND IT'S GOTTA MEET THE CITY OF SAN, UH, SAN ANTONIO.
UM, STANDARD DRIVEWAY DETAILS.
SO THERE WILL BE STEEL AND, UH, CLASS A CONCRETE IN IT.
PERMITTING WISE, THERE'S, IS THERE A COST ASSOCIATED WITH PERMITS? SO, UH, YES.
THIS ONE WOULD PROBABLY BE OUR MINIMUM FEE, WHICH IS A FEW HUNDRED DOLLARS.
SO THE, SO THIS IS WHERE I, I GET A LITTLE, HAVE A LITTLE ISSUE IS THAT THE MINIMUM DRIVEWAY FOR A RESIDENTIAL IS 10 FEET, CORRECT.
AND THEN YOU HAVE TO HAVE TWO FOOT FLARES MINIMUM ON EITHER SIDE OF THE 10 FEET.
AND THAT HAS TO BE WITHIN YOUR FRONTAGE, CORRECT? YES.
IN AN INSTANT LIKE THIS WHERE THEY HAVE LIMITED FRONTAGE, WE WOULD PROBABLY WORK WITH THEM, UM, UNDERSTANDING AND DO EITHER A STRAIGHT SIDE ON THE, THE SHORT PROPERTY LINE SIDE OR, UM, JUST WORK WITH IT TO MAKE SURE THAT THEY COULD GET SAFE ENTRY AND EXIT.
AND ONCE A AND ONCE THE CONCRETE, UH, APRON IS TAKEN UP TO THE PROPERTY LINE, UH, AFTER THAT, IT DOESN'T NECESSARILY HAVE TO BE CONCRETE OR ASPHALT.
IT CAN BE AS LONG AS IT'S ANYTHING OTHER THAN GRASS.
SO PAVERS, GRAVEL, SOME, SOME FORM OF OKAY.
MATERIAL OTHER THAN JUST GRASS.
BUT WE WOULD STILL HAVE TO HAVE, AND THE 10 FOOT REQUIREMENT IS ONLY UP TO THE PROPERTY LINE, OR DOES IT HAVE TO EXTEND BEYOND THE PROPERTY LINE? UH, JUST UP TO THE PROPERTY LINE.
'CAUSE IF THEY, IF THEY DIDN'T HAVE THE 10 FEET, THEN THAT WOULD BE AN ISSUE TAKING IT IN.
SO JUST, JUST PUTTING THAT OUT THERE.
UM, ANY OTHER QUESTIONS? COMMISSIONER FOR STAFF? UM, CAN YOU JUST REMIND ME WHY ON THE RENEWAL, THE PERMIT WAS NOT APPROVED AS IT WAS IN 2020? CAN YOU PLEASE REPEAT THE QUESTION? COULD YOU TELL ME WHY THE PERMIT WAS NOT RENEWED ON THE RENEWAL? IF IT WAS APPROVED IN 2020? WHAT, WHAT IS THE DIFFERENCE BETWEEN 2020 AND 23? SO TODAY, UM, OUR NEW SHORT-TERM RENTAL TEAM, WE ARE, UM, REVIEWING EACH APPLICATION THOROUGHLY, UM, FOLLOWING THE SHORT-TERM RENTAL ORDINANCE AND THOSE REGULATIONS.
AND WE'RE JUST MAKING SURE THAT EVERY PERMIT, UM, MEETS ALL THOSE REQUIREMENTS.
AND IT IS ONE OF THE REQUIREMENTS TO PROVIDE ONE OFF STREET PARKING.
IT IS JUST SOMETHING, IS THIS SOMETHING THAT HAPPENED? YES.
UH, SO WHAT, WHAT'S GONNA HAPPEN NOW IS, UH, WE'RE GONNA DELIBERATE THIS AND, UH, WE'LL SEE HOW THIS TURNS OUT.
I MEAN, WE WILL GIVE YOU A MINUTE.
IF THERE'S ANYTHING ELSE YOU'D LIKE TO ADD.
I'M, I'M JUST REALLY CONCERNED.
I I DIDN'T UNDERSTAND ANYTHING THAT YOU ALL SAY.
UH, BUT IT SOUNDS LIKE THERE IS POSSIBILITY OF A PARKING
[00:35:01]
SPACE AND I'M JUST REALLY NERVOUS THAT WE'RE HAVING THIS CONVERSATION AND IT MAY NOT HAPPEN BECAUSE I CANNOT, I'M, I'M NOT TRUSTING BECAUSE AT THE BEGINNING WHEN I WAS GONNA BUY THE HOUSE, I CALL AND THEY SAY, YES, EVERYTHING SEEMS OKAY.AND THEN I GOT THE PERMIT AND THEY SAY EVERYTHING IS FINE.
AND NOW I'M HEARING THAT THERE'S GONNA BE, NOW, NOW YOU'RE DOING THE, YOUR JOB, RIGHT? LIKE IT WASN'T DONE RIGHT.
AND SO I'M REALLY AFRAID THAT I'M HEARING ALL THIS CONVERSATION ABOUT PARKING AND THEN I TRY TO GET UP, NOT THAT I KNOW THAT I HAVE THE MONEY.
I MEAN, LIKE, I HAVE NO IDEA HOW MUCH CONCRETE OR STEEL COST OR CUTTING THE CURB CURB.
UM, IT'S, IT'S JUST GIVE ME A LITTLE BIT OF ANXIETY THINKING ABOUT HOW MUCH WILL THAT BE? AND UM, AND THEN IF I GO AND I TRY, LET'S SAY I DO IT ON MY CREDIT CARD, GOD KNOWS, I DON'T KNOW, $10,000, GOD KNOWS.
AND THEN I'M IN THIS JOURNEY AND THEN IT TURN OUT TO BE THAT IT'S NOT ABLE TO DO SO FOR WHATEVER REASON.
SO I'M JUST GETTING VERY CONCERNED THAT THE, THE JOURNEY HASN'T BEEN STRAIGHTFORWARD.
I GOT A YES, BEFORE I BOUGHT THE HOUSE, I GOT A YES ON THE PERMIT.
NOW IS NO, NOW WE'RE TALKING ABOUT PARKING.
I DIDN'T HEAR THE INDIVIDUAL SAYING YES, SHE CAN HAVE A PARKING.
LIKE HE'S JUST LIKE, I THINK IT DOESN'T SOUND LIKE A CLEAR, OKAY, SO THERE'S, THERE'S A, THERE'S A COUPLE THINGS THAT WE CAN DO.
UM, AND THIS'LL BE UP TO A, A, A COMMISSIONER TO RECOMMEND SUCH A THING IF THERE'S A CONCERN OF WHETHER OR NOT YOU, YOU PHYSICALLY HAVE THE SPACE.
WE COULD CERTAINLY, I I HATE TO CONTINUE CASES, BUT WE CAN HAVE YOU GO OUT AND MEASURE IT, TAKE SOME PICTURES OF THE MEASUREMENT AND, AND SO THAT WAY WE KNOW FOR A FACT WHETHER YOU ABSOLUTELY HAVE NINE FEET MINIMUM FROM THE SIDE OF YOUR HOME, CLEAR TO THE FENCE LINE.
UM, THAT'S ONE WAY WE CAN DO THIS.
OR THE SECOND WAY IS WE CAN, WE CAN MOVE FORWARD AND, AND MAKE A DECISION BASED ON WHAT WE DO HAVE IN FRONT OF US.
UM, I WHAT, WHAT WOULD, WHAT WOULD YOU LIKE, I'M JUST GONNA, STILL A COMMISSIONER HAS TO DO IT, BUT WOULD YOU RATHER TAKE TWO WEEKS, GO OUT THERE AND MAKE A COUPLE MEASUREMENTS, TAKE PICTURES OF IT SO THAT WE KNOW EXACTLY WHAT WE'RE VOTING ON? WELL, WHAT I WILL, LIKE, THE BEST SCENARIO WILL BE TO GET THE APPROVAL.
BUT WE'RE TO DO THE SHORT TERM.
IF THAT'S NOT, IF, IF WE DON'T HAVE A, A POSITIVE VOTE, THEN THE SECOND SCENARIO, WELL, ONCE WE TAKE A VOTE, IT'S OVER.
SO THEN YOU HAVE TO WAIT A YEAR BEFORE YOU CAN COME BACK.
BUT WHAT, WHAT I'M OFFERING IS, IS THAT IF THIS, THE COMMISSION WOULD MOST LIKELY WANT TO KNOW WHETHER YOU PHYSICALLY HAVE THE ROOM TO PUT A SPACE OR NOT.
IF YOU DO HAVE THE ROOM, WE MAY VOTE TO MAKE YOU HAVE A PARKING SPACE.
IF YOU DON'T HAVE THE ROOM, THAT WOULD BE A HARDSHIP THAT WE CAN TAKE UNDER CONSIDERATION.
SO WHERE IF I ASK FOR CONTINUE TWO WEEKS, WE'LL HAVE YOU COME BACK IN TWO WEEKS.
OH, YOU MEET EVERY WEEK? EVERY IN TWO WEEKS.
AND SO WHAT HAPPENS IS THAT IF YOU, IF, IF A CONTINUANCE IS APPROVED, IF YOU WERE TO COME BACK, WE'RE NOT GONNA HAVE A LONG RUNOUT MEETING.
WHAT WE'RE GONNA DO IS JUST OKAY.
YOU KNOW, WE WANT TO SEE WHAT EVIDENCE, ADDITIONAL EVIDENCE YOU HAVE AND THEN WE'LL AT, AT THAT POINT MAKE A DECISION.
WILL I WORK WITH A GENTLEMAN THAT TALK ABOUT PARKING? SURE.
SO HE CAN GIVE ME SOME GUIDANCE OF WHAT IS THAT I'M MEASURING? HE CAN, HE, THERE'S A COUPLE PRINTOUTS I'M SURE HE CAN GIVE YOU TO SHOW YOU WHAT THE SIZE WOULD BE.
IS THERE A COMMISSIONER? I'D LIKE TO MAKE A MOTION TO CONTINUE.
I'D LIKE TO MAKE A MOTION TO CONTINUE.
2 3 1 0 3 0 0 2 9 8 FOR TWO WEEKS.
DO WE HAVE A DATE? WE HAVE A DATE.
THIS IS DECEMBER 4TH OPEN? YES, SIR.
SO I'LL CONTINUE UNTIL DECEMBER 4TH.
WELL, I HOPE I HAVE A CAKE BECAUSE DECEMBER 5TH IS MY BIRTHDAY.
SO IT'S UNDERSTOOD THAT WE'RE NOT GONNA GO THROUGH THE SAME PROCEDURE.
IT IS TO THE POINT IN TWO WEEKS WE'RE, WE DON'T WANT TO HEAR, YOU KNOW, LONG TESTIMONIES.
WE JUST WANNA KNOW WHAT THE MEASUREMENTS ARE.
IF SHE HAS THE ROOM, THEN YOU DON'T NEED A VARIANCE.
YEAH, IF YOU, WELL, WE CAN, SHE CAN STILL ASK, BUT OH, YOU CAN, BUT IF YOU, YOU REALIZE IF YOU DO HAVE COMMISSIONER, CAN YOU USE YOUR MICROPHONE? THERE'S A MOTION ON IF YOU DO HAVE THE ROOM TO BUILD IT.
OKAY, WE HAVE A NAY FROM COMMISSIONER DEAN.
[00:40:01]
UH, THE VOTE.WE'LL SEE YOU ON DECEMBER 4TH AND, AND WE REALLY JUST WANT TO KNOW DIMENSIONS BEHIND THE SIDEWALK ALL THE WAY UP TO THE HOUSE AS CLEAR AS YOU CAN.
UH, WE HAVE COMMISSIONER ZUNIGAS, UH, RECUSING FOR ITEM NUMBER TWO.
AGENDA ITEM TWO, BO OA 23 1 0 3 0 0 2 8 7.
ADDRESS IS 97 47 GLABRA ROAD COUNCIL DISTRICT SIX.
APPLICANT IS TRIPLE J DRAFTING AND DESIGN.
REQUEST A REQUEST FOR ONE A SEVEN FOOT VARIANCE FROM THE 15 FOOT MINIMUM LANDSCAPE BUFFER TO ALLOW AN EIGHT FOOT BUFFER IN THE NORTHERN PROPERTY LINE.
AND TWO, AN EIGHT FOOT VARIANCE FROM THE MIN FROM THE 15 MINIMUM LANDSCAPE BUFFER TO ALLOW SEVEN FOOT BUFFER UNDER EASTERN PROPERTY LINE ZONING.
THE C TWO CASE SUMMARY, THE SUBJECT PROPERTY LO IS LOCATED ON CLAVER ROAD JUST WEST OF INTERSECTION WITH VILLAGE PARK.
THE PROPERTY WAS RECENTLY PLOTTED ON JULY 20TH, 2023.
THE FEATURE COMMERCIAL DEVELOPMENT DOES NOT MEET THE LANDSCAPE BUFFER REQUIREMENTS ABUTTING THE RESIDENTIAL USES TO THE NORTH AND EASTERN PROPERTY LINES.
THE LANDSCAPE BUFFER VARIANCES ARE LOCATED ON THE NORTHERN PROPERTY LINE AND THE NORTHERN PORTION OF THE EASTERN PROPERTY.
LINE ONE B ON SITE PLAN AND THE EAST-WEST RUNNING EXTENSION ON THE EAST PROPERTY.
THIS IS YOUR SITE PLAN ONE A 7 6 1 B SEVEN SIX N ONE C IS SEVEN EIGHT.
THIS IS YOUR SUBJECT PROPERTY.
PROPOSED LOCATION OF BUFFER ON THE EASTERN PROPERTY LINE.
PROPOSED LOCATION OF BUFFER ON THE NORTHERN PROPERTY LINE AND YOUR SURROUNDING AREA.
STAFF RECOMMENDATION LANDSCAPE BUFFER LABELED ONE A AND ONE B STAFF RECOMMENDS APPROVAL AND BO OA 2 3 1 0 3 0 0 2 87 BASED ON THE FOLLOWING FINDINGS, THE PROPOSED DEVELOPMENT LEAVES MINIMAL OPTIONS FOR REARRANGING THE PROPOSED DEVELOPMENT.
AND TWO, IT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT STAFF.
RECOMMENDATION LANDSCAPE BUFFER LABELED ONE C STAFF RECOMMENDS DENIAL AND BO OA 23 1 0 3 0 0 2 8 7.
BASED ON THE FOLLOWING FINDINGS, THE PROPOSED USE LOCATED ON THE LANDSCAPE BUFFER CAN BE RE RELOCATED OUTSIDE THE REQUIRED LANDSCAPE BUFFER.
THE PROPOSED VARIANCE IS CONTRARY TO PUBLIC INTEREST AS IT WILL LOCATE A COMMERCIAL USE CLOSE TO THE RESIDENTIAL PROPERTY LINE NOTIFICATION PLAN.
STAFF MAILED OUT 29 NOTICES, ONE IN FAVOR, ZERO IN OPPOSITION.
AND GREAT, GREAT NORTHWEST COMMUNITY AND IMPROVEMENT ASSOCIATION DID NOT RESPOND.
THIS IS YOUR PUBLIC RESPONSES.
AND IT DID GET A LETTER FROM COUNCIL DISTRICT SIX STATING THAT THE NORTHWEST ASSOCIATION, UH, DID NOT HAVE ANY OPPOSITION TO THE VARI TO THE VARIANCE.
THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE.
UM, YOU HAVE A 14 FOOT, UH, EASEMENT ACROSS THE FRONT.
THERE'S, UH, OVERHEAD POWER LINES AND GUY WIRES IN THAT EASEMENT.
UH, WOULDN'T THIS SITE QUALIFY FOR THE FIVE FOOT, UM, BUFFER BEYOND THE 14 FOOT EASEMENT? UH, THAT, THAT WAS CHANGED ON JANUARY 1ST? UH, ONE SECOND.
AND I MAY BE MISTAKEN, BUT IT, IT IS, IS THIS THE FRONTAGE ENC LABOR IS NOT IN QUESTION AT ALL.
IT'S JUST THE REAR AND THE SIDE, CORRECT.
[00:45:03]
UH, WHILE WE'RE WAITING, I GUESS, IS THERE ANY PUBLIC COMMENTARY OF VOICEMAILS? WE GOT ONE, UH, PUBLIC SPEAKER.WE'LL HAVE THE, I WANT THE APPLICANT TO COME UP BEFORE I WAS WONDERING MOSTLY IF IT WAS A VOICEMAIL, BUT LET'S HAVE THE APPLICANT COME FORWARD.
ARE YOU HERE TO TALK ABOUT LANDSCAPE BUFFERS? YES, SIR.
SO, UH, WE HAD A QUESTION ABOUT, UM, SO YOU HAVE A BUFFER ON THE REAR THE SIDE AND THIS LITTLE INSET PORTION.
THERE'S NO ISSUE WITH COLLIBRA ROAD? NO, NOT THAT WE, NOT FROM WHAT WE, WE'VE SEEN ON THESE, ON THIS ONE.
I KNOW PARTS OF COLLIBRA ARE, ARE ALSO, UH, YOU KNOW, TEXAS HIGHWAYS AND I DIDN'T KNOW IF THAT NO, THIS ONE THE, UH, THE ISSUE WAS THE, THE REAR INSIDE SETBACKS.
UM, ANY QUESTIONS FOR THE, UH, COMMISSIONER REGARDS TO THE SECTION ONE C? THAT SEVEN FOOT EIGHT, I MEAN, THERE SEEMS TO BE LIKE A DRAINAGE EASEMENT THAT WOULD COVER A MAJORITY OF THAT LANDSCAPE BUFFER AREA.
IS THAT, HOW WOULD THEY TREAT THAT, THAT BUFFER IF IT'S ALSO LIKE AN IRRIGATION OR A, SO THAT'S, THAT'S THE ISSUE ON THE BACK IS, IS ALSO A CONCRETE DETENTION POND.
AND SO WHAT THEY CAN GET FROM, UH, PROPERTY LINE TO THE EDGE OF THE POND IS, IS THAT DIMENSION.
SO IT WOULD STILL FALL PROBABLY WITHIN THE DRAINAGE EASEMENT DEPENDING ON HOW WIDE THEY MADE IT, BUT WE WERE LOOKING FOR PLANTING AREA OUTSIDE OF THOSE PONDS.
SO THAT'S WHY THE CITY DENIED THAT PORTION OF THE VARIANCE.
WELL, IT DIDN'T MEET THE, UH, WE, WE DON'T HAVE PURVIEW OVER THAT.
THEY, UH, YOU CAN DO HALF THE WIDTH OF A LANDSCAPE BUFFER AND PROVIDE THE SQUARE FOOTAGE SOMEWHERE ELSE ALONG THAT LU RYAN OR THEY HAVE TO COME TO BOA.
WE WE'RE NOT ALLOWED TO APPROVE ANYTHING ELSE.
MANNA COMMISSIONER MANNA, IT'S ALSO FOR CITY STAFF HERE.
UM, SO WITH REGARDS, IF THE, IF THE LANDSCAPE BUFFER IS REDUCED, ALL THE EXISTING REQUIREMENTS FOR THE AMOUNT OF, OF, UH, LANDSCAPE IN THAT SPACE IS REMAINS THE SAME.
IT JUST REDUCES WHERE IT HAS TO BE PUT.
IS THAT CORRECT? UNLESS YOU GUYS SPECIFY OTHERWISE.
BECAUSE THE POND'S A IT'S A CONCRETE WALL POND, CONCRETE LINED BOTTOM, NOT DIRT.
I, I BELIEVE I'M NOT A HUNDRED PERCENT SURE ON THE BOTTOM OF IT, BUT I KNOW IT IS A DETENTION POND.
THESE ARE BUILDING, BUT THIS IS A DETENTION POND AROUND THE HOUSE.
LET'S HAVE THE APPLICANT COME FORWARD.
SO THE GENTLEMAN WHO SIGNED UP TO SPEAK IS, UH, FROM THE APPLICANT.
LOOKS LIKE IF YOU STATE YOUR NAME FOR THE RECORD.
UH, MY NAME IS MICHAEL RICHARDS.
I'M WITH COLLIER ENGINEERING AND DESIGN.
AND MR. CHAVEZ, HE'S WITH THE A APPLICANT? YES.
UH, I'M RANDOLPH CHAVEZ LANDSCAPE ARCHITECT.
TELL US ABOUT YOUR, YOUR CASE.
WELL, BASICALLY THE, THE, THE DENIAL IS BASED ON AREA.
AND THE OWNER IS, UH, WILLING TO PUT THAT AT 15 FOOT, MOVE THE, UH, UH, DUMPSTER OUT OF THAT AREA TO, IN ORDER TO MAKE THAT FULL WIDTH 15 IN THE AREA OF IC.
SO, SO, UH, ONE C CAN BE EXCLUDED FROM THE REQUEST THEN? RIGHT.
BUT THAT WAS THE ONLY DENIAL THAT WAS PLACED AND WE DISCUSSED IT WITH THE OWNER UNLESS YOU KNOW THERE'S ANY OTHER.
AND IS YOUR, IS THAT DETENTION POND CONCRETE LINED ON THE BOTTOM OR IS IT IT IS NOT.
IT'S GONNA BE GRASS VEGETATED.
ANY OTHER QUESTIONS FOR THE APPLICANT? ALL RIGHT, HEARING NONE.
UM, ANYTHING ELSE YOU WANT TO ADD BEFORE WE MAKE A GO FOR A MOTION? NO.
ALRIGHT, I'M LOOKING FOR A MOTION ZUNA COMMISSIONER ZUNA REGARDING CASE NUMBER BOA DASH 23 DASH 0 3 2 87.
I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT A REQUEST FOR ONE A SEVEN FOOT VARIANCE FROM THE 15 FOOT MINIMUM LANDSCAPE BUFFER TO ALLOW AN EIGHT FOOT BUFFER ON THE NORTH NORTHERN PROPERTY LINE.
AND TWO, AN EIGHT INCH VARIANCE FROM THE 15 FOOT MINIMUM LANDSCAPE BUFFER TO ALLOW A SEVEN FOOT BUFFER ON THE EASTERN PROPERTY LINE.
AN INCH, I'M SORRY, 1515 FOOT, I'M SORRY, UH, SITUATED AT 9 7 4 7 CABO ROAD.
APPLICANT BEING TRIPLE J DRAFTING A DESIGN BECAUSE A TESTIMONY PRESENTED TO US THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT OUR LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST.
PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE PUBLIC INTEREST IS REPRESENTED BY MINIMUM LANDSCAPE BUFFER BETWEEN COMMERCIAL USES AND RESIDENTIAL PROPERTIES.
THEY ENSURE THE BUILDINGS DRIVES
[00:50:01]
AND PARKLAND IS POSITION IS POSITIONED A SAFE AND SUITABLE DISTANCE FROM PROPERTY LINES.STAFF FINDS THAT REDUCE SETBACKS IN THE NORTHERN, UH, LABELED A ON THE SITE PLAN AND THE NORTH PORTION OF THE EASTERN PROPERTY LINE LABELED B ONE ON THE SITE PLAN PROVIDES A SUITABLE DISTANCE FROM THE PROPERTY LINE STAFF FINDS THAT REDUCED LANDSCAPE BUFFER ON THE EAST WEST RUNNING LINE ON THE EASTERN PROPERTY LINE LABELED B TWO ON THE SITE PLAN PROVIDES A SUITABLE DISTANCE FROM THE PROPERTY LINE TWO, DUE TO SPECIAL CONDITIONS, LITERAL AND SPORTS EN ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
STAFF FOUND SPECIAL CONDITION EXISTING ON THE PROPERTY OF THE EXISTING DEVELOPMENT AS A LITERAL ENFORCEMENT OF THE ORDINANCE DOES NOT LEAVE ROOM TO, UH, REARRANGE THE REDUCED LANDSCAPE BUFFER LABELED A AND B ONE ON THE SITE PLAN LABELED B TWO ON THE SITE PLAN DUE TO A DUMPSTER LOCATION.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AS SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE INTENT OF THE 15 FOOT LANDSCAPE BUFFER IS TO ENSURE PROPERTY DISTANCE BETWEEN RESIDENTIAL PROPERTY LINE AND COMMERCIAL DEVELOPMENT.
THE REDUCED LANDSCAPE BUFFER LABELED AB ONE AND B TWO WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS DEVELOPMENT WOULD BE A CHALLENGE TO REARRANGE, LEAVE REARRANGE AT LEAST SUFFICIENT ROOM FOR THE RESIDENTIAL PROPERTY LINE FOUR, THE VARIANCES WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE VIA SUCH VARIANCE, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF IN ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY'S LOCATED.
IF GRANTED THE REDUCED LANDSCAPE BUFFER LABELED AB ONE AND B TWO WILL, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CORNING PROPERTY AS IT WILL LEAVE SUFFICIENT ROOM FOR THE PROPERTY AND, AND WHILE NOT ALTERING THE ESSENTIAL CHARACTER OF THE DISTRICT.
AND SIX, THE APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SIZE IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL, NOT DUE TO OF THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF LINES APPLIED TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE LABELED AB ONE AND B TWO IS SOUGHT, IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
UH, THE DEVELOPMENT PROVIDES LIMITED OPTIONS TO REARRANGE THE DEVELOPMENT AND MEET THE REQUIRED LANDSCAPING BUFFERS AND OF MOTION.
SECOND BY COMMISSIONER BRAGMAN.
SO I'M SUPPORTING THE STAFF RECOMMENDATION AS WELL.
UH, THE, UM, TESTIMONY PRESENTED SHOWS THAT OUR TESTIMONY PRESENTED, UH, IS THAT THE, UH, THE LANDSCAPE MATERIAL WOULD BE THE SAME WHETHER IT'S A FULL, UH, UH, 15 FOOT BUFFER OR THE, THE MODIFIED BUFFER.
SO THAT LANDSCAPE WILL BE IN PLACE AND I THINK IT'S A GOOD, UH, SOLUTION HERE TO PROVIDE THE DEVELOPMENT.
COMMISSIONER BRACKMAN, I CONCUR WITH MY COLLEAGUE.
I'LL BE IN SUPPORT OF THE MOTION.
ANY OTHER COMMISSIONS LIKE TO ADD MANNA? COMMISSIONER MANNA? UM, DO WE NEED TO ADD ANYTHING WITH REGARDS TO THAT? UH, THIS EXCLUDES C PER THE PER THE DIAGRAM DIALOGUE, UM, IN THE MOTION ITSELF.
COMMISSIONER ZUNA, UH, DID YOU WANT THE, THE APPLICANT HAS STATED THAT, THAT IF ONE C WAS DENIED THEY CAN MOVE THE DUMPSTER AND AND STILL ACCOMMODATE THE BUFFER.
YOU DID? OH, WELL THERE WAS NO MENTION OF DUMPSTER.
YEAH, REARRANGE THE DUMPSTER THAT WAS MENTIONED IN.
YEAH, JUST AS LONG AS WE UNDERSTAND THAT AND IT'S UNDERSTOOD.
UH, IF THERE'S NOTHING ELSE, UH, I'LL BE IN, I JUST WANTED TO ADD, THAT'LL BE IN SUPPORT BECAUSE YOU'RE GONNA HAVE A LANDSCAPE DETENTION BASIN, UH, IN ADDITION TO THE LANDSCAPE AREA BUFFER.
SO I'M, IT'LL ALL BE EARTH TO ME, SO I'LL BE IN FAVOR.
COMMISSIONER UNA? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER KAPLAN? I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT.
MOTION PASSES, UH, UNANIMOUSLY.
ITEM FOUR, MR. THEY'RE COMING BACK.
UH, AND SOMEONE CAN, IF SOMEONE COULD GO GET COMMISSIONER UNI, THEY, THEY'RE GETTING HIM.
WAS COMMISSIONER BUNIA ALSO GONNA BE HERE TODAY OR, OR NO? UH, HE WAS SUPPOSED TO BE HERE TODAY, BUT IT HASN'T SHOWN UP YET.
ITEM NUMBER THREE IS BO OA DASH 23 DASH 1 0 3 0 1 64.
ADDRESS IS 1 1 5 MILTON STREET IN CITY COUNCIL DISTRICT TWO.
UH, THE APPLICANT IS RAUL GARZA AND THE REQUEST IS FOR ONE A NINE FOOT VARIANCE FROM THE MAXIMUM 15 FOOT NCD SIX CURB CUT REQUIREMENT TO ALLOW A CURB CUT TO BE 24 FEET TO A TWO PARKING SPACE VARIANCE FROM THE MINIMUM FOUR TO ALLOW FOR TWO UNITS IN THE NCD.
SIX TO HAVE TWO PARKING SPACES.
THREE AN EIGHT INCH VARIANCE FROM THE MAXIMUM TWO FOOT SIX INCH DRIVEWAY RIBBON REQUIREMENT TO ALLOW A THREE FOOT, TWO INCH DRIVEWAY RIBBON
[00:55:01]
AND FOUR, A THREE FOOT 11 INCH VARIANCE FROM THE MINIMUM FOUR FOOT NCD SIX FRONT WALKWAY STANDARD TO ALLOW THE SEPARATE THE SEPARATION DISTANCE OF A FRONT WALKWAY TO BE ONE INCH AND FIVE A 12 FOOT VARI FROM THE MAXIMUM 12 FOOT DRIVEWAY WIDTH REQUIREMENT TO ALLOW A DRIVEWAY TO BE 24 FEET IN WIDTH.AND THE CURRENT ZONING IS MF 33 MULTIFAMILY DISTRICT.
THE SUBJECT PROPERTY IS LOCATED AT ONE 15 MILTON STREET, NEAR NATAL AVENUE WITHIN THE BOUNDARIES OF THE MANKEY PARK NEIGHBORHOOD CONSERVATION DISTRICT.
THE PROPERTY WAS ONCE A PART OF 1 5 4 CLAREMONT AVENUE AND WAS REPLANTED IN 2022 TO CREATE ONE 15 MILTON, THE STRUCTURE WAS DESIGNED AND RECEIVED A BUILDING PERMIT BASED ON A PLAN TO HAVE TWO PARKING SPACES IN THE REAR, UM, HAVING ALLEY ACCESS FOR BOTH PARKING SPACES WITHIN THE BACKYARD OF THE NEW LOT.
AFTER FURTHER REVIEW FROM OUR STREET'S DIVISION, IT WAS NOTED THE APPLICANT WOULD NOT BE ABLE TO USE THE ALLEY, UH, TO HAVE A, AN EFFECTIVE TURNING RADIUS TO ACCOMMODATE THE PARKING AFTER RECONFIGURATION OF THE SITE PLAN, THE APPLICANT NEEDED TO OBTAIN MULTIPLE VARIANCES TO DEVIATE FROM THE MANKEY PARK AND D UM, DESIGN REQUIREMENTS.
THE APPLICANT IS REQUESTING A VARIANCE FROM THE NCD SIX MAXIMUM CURB CUT OF 15 FEET TO ALLOW A CURB CUT TO BE 24 FEET.
ADDITIONALLY, A TWO PARKING SPACE VARIANCE FROM THE MINIMUM FOUR TO ALLOW FOR, UH, TWO UNITS TO HAVE TWO PARKING SPACES, AN EIGHT INCH VARIANCE FROM THE MAXIMUM TWO FOOT SIX INCH DRIVEWAY RIBBON TO ALLOW A THREE FOOT, TWO INCH DRIVE RIBBON, A THREE FOOT 11 INCH VARIANCE FROM THE MINIMUM FOUR FOUR FOOT ENTITY, SIX FRONT WALKWAY STANDARD TO ALLOW THE SEPARATION DISTANCE OF A FRONT WALKWAY AND TO BE, I'M SORRY, TO BE ONE INCH AND A 12 FOOT VARIANCE FROM THE MAXIMUM 12 FOOT DRIVEWAY WIDTH REQUIREMENT TO ALLOW FOR A DRIVEWAY TO BE 24 FEET IN WIDTH.
I KNOW THE NCD HAS A 15 FOOT MAX, BUT DOESN'T CITY CODE, UH, HAVE A MAX RESIDENTIAL DRIVEWAY WIDTH OF 20 FEET? I SEE SOMEONE AT STAFF NODDING YES.
RESIDENTIAL AND MAX IS 20 FOOT AND THEY'RE ASKING FOR FOUR FEET MORE THAN THE MAX.
THAT WOULD REQUIRE AN ADMINISTRATIVE, UH, EXCEPTION ON THE TRAFFIC SIDE.
SO WHEN DID, SO IF WE WERE TO APPROVE THIS, THEY'D STILL HAVE TO GO TO YOUR DEPARTMENT FOR AN ADMINISTRATIVE EXCEPTION? YES, SIR.
UH, ANY OTHER QUESTIONS FOR STAFF? EXCUSE? WHAT WOULD BE THE CRITERIA FOR STAFF TO REVIEW? THE WHAT IN WHAT, IN WHAT CRITERIA WOULD YOU REVIEW TO APPROVE, UH, WIDTH OVER THE MAX? UM, JUST THE, THE PURPOSE OF IT AND THE REASONING BEHIND IT.
WHY THEY NEEDED IT LARGER WAS IT TO, UH, ACCOMMODATE CERTAIN THINGS.
AND HONESTLY, THE, IF THE BOARD APPROVED IT, THAT WOULD WEIGH IN OUR FACTOR AS WELL, THAT IT WAS APPROVED BY, BY A BOARD AND WE'D, WE'D LOOK AT IT.
AND WHEN YOU WERE EVALUATING THIS CASE, UH, DID YOU DETERMINE WHETHER THEY COULD HAVE TWO DRIVEWAYS INSTEAD OF ONE BIG ONE? UM, LET'S SEE, MARCO, UH, SO THIS IS THE PLANS THAT THEY TURNED IN WITH THE THREE.
SO ORIGINALLY WE WERE, THEY HAD THE TWO DRIVEWAYS, BUT NOW THEY HAVE THREE PARKING SPACES THAT THEY'RE SHOWING.
UM, SO THE REQUEST, AND WE'LL GET CLARIFICATION FROM THE APPLICANT, THEY WOULD ONLY NEED THE THREE PARKING SPACE VARIANCE, UM, TO HAVE THE, UH, UH, PARKING SPACE FOR THREE.
WELL, THAT, I WAS TRYING TO FIGURE OUT WHY THEY NEEDED 24 FEET FOR TWO SPACES, BUT WE'LL HEAR FROM THE APPLICANT.
UH, IS THERE ANY OTHER QUESTIONS BEFORE WE HAVE THE APPLICANT COME UP? OH YEAH.
AND COMMISSIONER ZUNIGA HAS RETURNED TWO O'CLOCK.
UH, LET'S HAVE THE APPLICANT COME FORWARD PLEASE.
HOW YOU DOING, SIR? SO, JUST SO YOU KNOW, WE HAD, UH, AS YOU DO YOUR PRESENTATION, WE, WE, WE HAVE AN ISSUE OF WHETHER YOU HAVE THREE PARKING SPACES, SO YOU DON'T NEED A TWO SPACE VARIANCE FROM THAT.
AND THEN ALSO, UH, WHY YOU COULDN'T HAVE MULTIPLE DRIVEWAYS, UH, IF YOU COULD MAKE THAT PART OF YOUR PRESENTATION.
UH, WHAT, WHAT ENDED UP HAPPENING? WE WAS TRYING TO ACCOMMODATE THE KIND OF AREA OF THE WAY IT LOOKS.
SO WE DECIDED TO TRY TO GO WITH A BIGGER DRIVEWAY WITH THREE PARKING SPOTS.
SO THAT ONE BIG, I DON'T KNOW IF Y'ALL HAVE THE, THE NEW PLANS THERE.
IF NOT, I GOT IT HERE AND ZOOM IN A LITTLE BIT.
ROLL THAT UP JUST A LITTLE BIT.
[01:00:08]
THIS AS BIG AS IT'S GONNA GET AND, UM, THAT IS THE BIGGEST THAT WE CAN GET IT.SO THE, THE LARGER STRIP THERE WAS MEANT TO PARK TWO CARS FROM THE SMALLER STRIPS.
SO CAN YOU POINTER PLEASE? LEMME SEE IF I GOT THE POINTER HERE.
I THOUGHT WE RAN OUTTA BATTERY.
STEPH, CAN YOU ALSO PUT THIS ON OUR MONITORS TOO? THANK YOU.
I CAN WANT TO WALK UP TO IT IF YOU WANT ME TO.
UH, WE WOULD LOVE TO KNOW MORE, AS MUCH AS WE CAN ABOUT YOUR PROJECTS.
SO BASICALLY THAT, THAT ONE RIGHT THERE IS A LITTLE BIT BIGGER.
IT'S GONNA BE, UH, THREE FOOT SIX INCHES.
SO WAS MEANT TO PARK, UH, THE WHEELS OF ADJACENT CARS.
SO BASICALLY ONE CAR ON ONE SIDE AND ONE CAR ON THE OTHER SIDE TO GIVE US THREE SPOTS.
CAN YOU SHOW US WHAT RIGHT THERE THAT IS THE COMMISSIONER.
CAN YOU USE YOUR MICROPHONE PLEASE? YEAH.
CAN YOU, UM, WHEN YOU'RE POINTING, TELL US AGAIN WHAT YOU JUST SAID ABOUT THE PARKING.
THAT ONE RIGHT THERE IS MADE A LITTLE BIT BIGGER.
SO THE PARK, THE CAR WHERE THERE'LL BE PARKING ON THAT SPOT THERE, WE'LL PUT ONE WHEEL THERE AND THAT ONE THAT'S PARK IN THERE, WE'LL PUT ONE WHEEL THERE.
SO IT WAS MADE A LITTLE BIT WIDER TO BE ABLE TO ACCOMMODATE TWO CARS WITH ONE STRIP.
ON THE STAFF PRESENTATION WE HIGHLIGHTED THE THREE PARKING SPACES BASED ON THIS CONFIGURATION.
IF YOU WANT TO GO TO THAT SCREEN, UH, GO UP ONE MORE.
SEE THAT HAS THE, UH, THE EXTENDED, UH, RIBBON THAT HAS GONNA HAVE ONE LEFT TIRE FOR ONE AND ONE LEFT TIRE OR ONE RIGHT TIRE FOR THE OTHER VEHICLE.
SO WHAT ENDED UP HAPPENING WHEN WE, UH, REDID, WE MET WITH THE HOMEOWNER ASSOCIATION OR WITH THE NCD PEOPLE AND THEY WERE CONCERNED ABOUT THE SIDEWALK.
SO THE SIDEWALK'S STILL EXISTING.
SO WE REMI REDID THE PLAN SHOWING THE EXISTING SIDEWALK'S GONNA STAY THERE.
HOW MANY UNITS ARE IN THIS BUILDING? TWO, TWO UNITS IN THE BUILDING.
AND YOU'RE DOING THREE PARKING SPACES FOR THE TWO? CORRECT.
SO WE WERE, WE NEEDED VARIANCE FOR ONE SPOT.
WHY? AND YOU NEED FOUR SPACES.
THEY SAID WE NEEDED TWO, TWO SPACES FOR EACH UNIT.
UH, IT SAYS, ORIGINALLY YOU PLANNED SPACES IN THE REAR OF THE BUILDING, BUT YOU SOLD OFF THE BACK LOT OF THE BACK.
IT SAYS THERE WERE TWO LOTS ORIGINALLY IN THIS AND THE BACK LOT GOT SOLD AND YEAH, HE CAN, HE CAN EXPLAIN A LITTLE.
HE'S A, HE'S THE OWNER SO HE CAN EXPLAIN A LITTLE BIT BETTER ON WHAT HAPPENED THERE.
BUT BASICALLY WHAT HAPPENED WAS THAT 1 54 CLAREMONT WAS THE ORIGINAL PROPERTY OWNER THERE.
THAT WAS A LITTLE CASITA THAT WAS THERE.
UH, WE REPLANTED THAT TO GET A SEPARATE ADDRESS TO BE ABLE TO BUILD ON THAT.
SO INSTEAD OF HAVING THE 1 54 CLAREMONT, WE CHANGED THAT.
IT'S THE 2,500 SQUARE FOOT LOT.
BUT WHAT I DON'T UNDERSTAND IS IF YOU KNEW YOU DIDN'T HAVE ENOUGH ROOM FOR THIS, THE TWO PARKING SPACES IN THE REAR, AND YOU WENT AHEAD AND YOU BUILT THIS BUILDING, IT LOOKS LIKE IT'S MOSTLY CONSTRUCTED.
NOW WHY DID YOU DO THAT? WAS IT WITH THE THOUGHT THAT YOU WOULD GET THIS VARIANCE? CAN YOU, CAN YOU EXPLAIN TO HER? YEAH, SURE.
I, I GOT THE PLAN FROM THE ARCHITECT
[01:05:02]
AND UH, BASICALLY I GOT THE PERMITS FROM THE CITY AND THEY TOLD ME GO AHEAD AND BUILD.SO I STARTED TO BUILD, BASICALLY, THAT'S WHY THEY TOLD ME GO AHEAD AND BUILD.
SO THEY ISSUED YOU A, AN ACTUAL PERMIT? YES.
CAN YOU EXPLAIN HOW HE GOT A BUILDING PERMIT? I'M PULLING UP HIS BUILDING PERMIT RIGHT NOW.
HOW ABOUT, I BELIEVE IT HAD TO DO WITH SOMETHING ABOUT THE PARKING IN THE REAR, UM, WHERE THEY COULDN'T TURN THE VEHICLES AROUND, BUT I'M PLUGGING IT UP RIGHT NOW.
AND MANANA D MANANA, UH, CAN YOU ZOOM IN A LITTLE BIT FURTHER ON THIS PICTURE? 'CAUSE I'M TRYING TO UNDERSTAND, YOU KNOW, SO THERE'S DIALOGUE ABOUT NOT BLOCKING THE SIDEWALK.
UM, BUT IS THERE ONLY 10 FEET BETWEEN THE SIDEWALK AND THE HOUSE? I'M TRYING TO, UH, RESOLVE WHAT THE DISTANCE THERE FROM THE SIDEWALK TO THE, UM, I GUESS THAT FRONT YARD, WHAT THE DIS WHAT THE LENGTH OF THE FRONT YARD IS.
SHOULD BE 21 FOOT TO THE SIDEWALK.
YEAH, THERE'S, IT'S, I GOT A DIMENSION OF 14 FEET FROM THE BACK OF THE SIDEWALK TO A DASH SETBACK LINE.
IS THAT ON THE ONE DRAWING YOU HAVE? YEAH, THAT WAS WRONG.
SO YOU'LL SEE THE FOUR FEET UP.
IT'S GOT, SIR, CAN YOU SPEAK IN THE MICROPHONE? WE'RE LIVE STREAMING THESE MEETINGS.
IT'S GOT A, IT'S GOT A COVER UNDERNEATH WHERE THEY CAN PARK UNDERNEATH THERE.
SO IT GIVES AN ADDITIONAL SIX AND A HALF FEET.
AND THE ALLEY, IS IT, IT IS NOT A DRIVABLE ALLEY, IT'S A DRIVABLE ALLEY, BUT YOU CAN'T TURN, IT'D BE A 90 DEGREE TURN TO TURN INTO THE BACK PART OF IT.
SO, UM, SO RIGHT NOW WE'RE TALKING ABOUT, UM, TWO, UM, UH, GRASS CUTS, I GUESS OR GRASS LANES, UH, FOR, FOR OR THREE GRASS LANES FOR PARKING.
IS THERE A REASON WHY THERE CAN'T BE FOUR? SO TWO IN FRONT OF EACH? YEAH, WE CAN DO FOUR.
YEAH, WE WERE JUST TRYING TO KEEP THE LANDSCAPING PART OF IT.
I MEAN, IF THAT'S THE CASE, YOU MIGHT AS WELL JUST PUT TWO DIFFERENT DRIVEWAYS AND PUT TWO ON EACH SIDE.
THAT'S WHERE, THAT'S WHERE I WAS GOING.
AND THEN, THEN YOU WOULD NEED THE DRIVEWAY VARIANCE AND YOU WOULDN'T NEED THE PARKING VARIANCE.
UM, AND THERE'S THERE, THERE'S NO LARGE TREES OR ANY UTILITIES THAT ARE, THAT'S IN THE WAY? NOPE.
STAFF, IS THERE ANY ISSUE WITH, WITH THEM PURSUING THAT SORT OF ROUTE AS OPPOSED TO A BIG WIDE DRIVEWAY? UH, KEITH YOU SAY THAT ONE MORE TIME.
WHAT WAS, UH, YEAH, IT WAS BROUGHT UP TO, UH, POTENTIALLY PUT TWO DRIVEWAYS WITH TWO PARKING AT EACH, ON EACH DRIVEWAY.
UH, WE, WE HEAR TESTIMONY THAT THERE'S NO UTILITIES OR TREES IN THE WAY.
UH, STOPPING THAT IS, WOULD THAT BE IN ANY VIOLATION TO HAVE TWO DRIVEWAYS THAT ARE 15 FEET WIDE? UH, ONE IN FRONT OF EACH UNIT? AND THAT WOULD BE RIBBON CUTS.
UH, SO THE NCD DOES HAVE LANGUAGE THAT PREVENTS, UM, LOTS UNDER A CERTAIN SIZE TO HAVE MULTIPLE DRIVEWAYS.
UM, WHICH IS ONE OF THE VARIANCES THAT WAS NOT ASKED FOR BECAUSE, UM, THAT'S NOT WHAT THE CURRENT PLAN WAS.
COMMISSIONER MANNA, YOU STILL THE FLOOR? SO I GUESS I'D ASK, YOU KNOW, SO THE, WE'RE DELINEATING IN THE NCD RIGHT NOW AS FAR AS, I GUESS THE LESS OF IMPACT, YOU KNOW, TO, TO THE NCD ITSELF.
AND SO, SO IT SOUNDS LIKE, I, I GUESS CAN YOU RE-EXPLAIN WHAT IT IS WITH REGARDS TO, UM, THESE TWO UNITS HAVING TWO SEPARATE DRIVEWAYS VERSUS THE VERSUS THREE? I MEAN, WE'RE STILL IN, WE'RE STILL IN DIALOGUE WITH THE NCD RIGHT? IN CONFLICT.
SO THE, THE ORIGINAL REQUEST WAS FOR A TWO PARKING SPOT VARIANCE BECAUSE WE WERE UNDER THE IMPRESSION THEY NEEDED, UM, THEY WERE ONLY GONNA HAVE TWO PARKING SPACES, HOWEVER, THE SITE PLAN THEY SUBMITTED IS SHOWING THREE PARKING SPACES.
SO NOW, UNLESS THEY ARE GONNA DO SOMETHING DIFFERENT FROM THEIR SITE PLAN, UM, THEY WOULD ONLY NEED TO HAVE A ONE PARKING SPOT VARIANCE TO HAVE THREE, UH, PARKING SPACES.
ANY OTHER QUESTIONS? ALL RIGHT.
IS THERE ANY, UH, ARE THESE, CAN, CAN YOU TELL ME, THESE ARE RENTALS, I TAKE IT.
THEY ARE NOT RENTALS AT THIS POINT, SO FINISH IT WHEN YOU, UH, DO YOU PLAN TO MAKE THEM RENTALS? YES.
AND HOW MANY BEDROOMS? UH, THREE BEDROOMS EACH ARE THREE BEDROOMS. SO YOU'RE ASSUMING FAMILIES WILL PROBABLY NEED TWO CARS? WELL, OKAY.
[01:10:01]
SORRY.AND, AND SO THE CITY'S PERSPECTIVE, UM, SO IF THIS WAS NOT IN THE DISTRICT, WOULD TWO RIBBON CUTS BE APPROPRIATE ON THIS PROPERTY? UM, WOULD THAT BE PERMITTED OR, OR DIALOGUE? UH, THERE WAS NO COMMENT FROM THE TRAFFIC SECTION ABOUT THAT BESIDES WHAT WAS IN THE NCB.
ADDITIONALLY, IF IT WASN'T AN NCB, THEY WOULD ONLY NEED TWO PARKING SPACES.
UM, AND THEN THE OTHER VARIANCE FOR THE RIBBON LENGTH IS ALSO COMING FROM THE NCB.
UM, SO NONE OF THE, AND OBVIOUSLY THE WALKWAY, NCB, SO ALL OF THESE ARE DERIVED FROM THE N-C-B-N-C-D, SORRY, BRAGMAN COMMISSIONER BRAGMAN.
UM, SO THIS IS FOR STAFF AS WELL.
IF WE WERE TO ALLOW THEM THE FOUR TWO DRIVEWAYS WITH FOUR RIBBON, UH, DRIVEWAYS, WOULD THAT AFFECT THE, UH, AMOUNT OF IMPERVIOUS SURFACE? UH, THE IMPERVIOUS SURFACE DOES NOT APPEAR TO BE ANY ISSUE.
UM, HOWEVER, THE MULTIPLE DRIVEWAYS WOULD BE SOMETHING THAT THEY WOULD HAVE TO REQUEST A SPECIFIC, UM, IT HAD TO BE VERY ADVERTISED, CORRECT.
SO IS, BEFORE WE MOVE ON ANY FURTHER, IS THERE ANYONE SIGNED UP TO SPEAK OR ANY, UH, VOICEMAILS? WE HAVE FIVE VOICEMAILS AND FOUR SPEAKERS.
SO WHAT WE'RE GONNA DO IS WE, I THINK WE HEAR, HEAR ENOUGH ABOUT, YOU KNOW, WHAT'S GOING ON HERE.
BASICALLY ALL AROUND ME, THEY'RE ALL IN FAVOR.
AND THIS MORNING AT NINE O'CLOCK, THE GUY GAVE ME THE LAST GUY THAT I WAS LOOKING FOR, AND BASICALLY I HAVE NO PETITION.
NOBODY'S COMPLAINING AROUND ME.
WE, UH, MAKE IT, MAKE IT PART OF THE WAY.
SO LET'S START GOING THROUGH THE VOICEMAILS AND THEN WE'LL HAVE THE SPEAKERS COME UP.
COMMENT, UH, YOU WANNA START WITH THE VOICEMAILS? IF THERE'S AN ISSUE, WE CAN GO TO THE SPEAKERS.
UH, WE'LL START WITH THE, UH, PEOPLE SIGNING UP TO SPEAK.
ARE YOU GIVING UP YOUR TIME TO SOMEBODY?
UM, OKAY, MR. GRIMES, UH, GO AHEAD.
WE GOT TWO MORE SPEAKERS THAT EVERY WELL WE HAVE, WE CAN HAVE TWO YIELD.
IS IT TWO OR THREE? IS ANYBODY ELSE GIVING UP THEIR TIME TO MR. GRIMES? OKAY.
SO WE HAVE THREE YIELDING TO MR. GRIMES, BUT THERE'S, BUT THE MOST IS TWO CORRECT OR CORRECT.
SO IF ONE OF Y'ALL WOULD STILL LIKE TO, TO SPEAK, YOU CAN.
MR. GRIMES, YOU HAVE SIX MINUTES, SHOULD HAVE NINE.
AND, UH, WHAT WAS YOUR NAME, SIR? THAT WAS GIVEN UP THERE? TIME IN THE BACK ROW, I TAKE IT.
SO, WHICH YOU HAVE THE TWO THAT ARE GIVING UP.
SO, AND I, SO I'LL GET NINE MINUTES, RIGHT? SURE.
I DID NOT ANNOUNCE A REDUCTION, BUT, UH, GO AHEAD AND TAKE NINE MINUTES.
MY NAME'S GEORGE GRIMES AND I LIVE AT FOUR 15 PARLIN PLACE.
UM, AND I'M REPRESENTING THE MANKEY PARK PARK NEIGHBORHOOD ASSOCIATION TODAY TO, BY WAY OF INTRODUCTION, I'VE BEEN A MEMBER OF THE NEIGHBORHOOD ASSOCIATION SINCE IT WAS FORMED IN 1979.
I'VE SERVED TWO NON, UH, CONTIGUOUS TWO YEAR TERMS ON THE BOARD OF DIRECTORS IN THREE TERMS AS PRESIDENT OVER THE LAST 44 YEARS.
I WAS ON THE PLANNING TEAM FOR THE ORIGINAL NEIGHBORHOOD PLAN IN 1983, AND THEIR PLAN REVISION IN 2001.
AND MORE APPROPRIATE TO THIS, I WAS ON THE PLANNING COMMITTEE FOR THE NEIGHBORHOOD CONSERVATION DISTRICT THAT WAS ADOPTED IN 2008, AND THE REVISION THAT WAS ADOPTED, ADOPTED IN, UH, 2019.
I'VE SERVED ON THE NEIGHBORHOOD ASSOCIATION LAND USE COMMITTEE ON AND OFF FOR 44 YEARS, AND I'M SERVING AGAIN THIS YEAR.
[01:15:01]
POSTPONING, UH, THE HEARING ON THIS, UH, THAT WAS SET FOR JULY THE 10TH TO GIVE THE, UH, APPLICANT'S, UH, CHANCE TO MEET WITH THE NEIGHBORS.WE DID, UH, MEMBERS OF THE LAND USE COMMITTEE DID, UH, MEET WITH THE APPLICANT ON, UH, JULY THE 18TH, AGAIN ON OCTOBER THE 25TH, AND AGAIN, LAST WEEK ON NOVEMBER THE 14TH.
AND AFTER EACH OF THESE MEETINGS, THE MPNA NOTIFIED THE OWNERS OF ITS OBJECTIONS TO THE VARIANCES.
THERE'S BEEN NO SUBSTANTIVE CHANGE TO THE, THE, UH, PLAN, UH, COMING OUT OF THOSE MEETINGS EXCEPT THAT THEY DELETED ONE PARKING PLACE IN THE FRONT OF THE HOUSE.
I WANT TO GIVE YOU A LITTLE BIT OF HISTORY ON THIS PROPERTY.
THE APPLICANT'S PURCHASED 1 54 CLEARMONT IN MAY OF 2022.
AND DO WE HAVE THE, THE SLIDE? YES.
SO THAT, THAT'S THE PROPERTY THAT THAT WAS PURCHASED.
AND YOU CAN SEE THIS, UH, UH, PROPERTY THAT'S JUST BEEN BUILT IS BEHIND THAT, BUT THAT'S A DUPLEX.
UH, AND THEN, THEN THE OWNER REPLANTED THE, AND AT THAT TIME, THIS, THIS PROPERTY WENT ALL THE WAY FROM CLAREMONT TO THE ALLEY.
THAT'S BETWEEN CLAREMONT AND NALINE.
SO THERE WAS A, A PARKING SP, THERE WERE PARKING SPACES IN THE BACK OF THAT DUPLEX.
THE APPLICANTS REPLANTED THE PROPERTY TO CREATE A NEW, UH, PLOT, A NEW, UH, TRACT BEHIND THIS HOUSE.
AND THAT TRACK FACES, UM, UH, UM, MILTON, WHICH IS THE, THE SIDE STREET OTHER, OTHERWISE, THIS IS A CORNER, UH, HOUSE.
AND YEAH, AND THAT'S, THAT'S THE, THE PROPERTY THAT THEY'VE BUILT.
SO AFTER REPLANTING THE PROPERTY, UH, THEY HAD A TWO UNIT STRUCTURE DESIGN, RECEIVED A BUILDING PERMIT, AND BEGAN CONSTRUCTION.
AS YOU CAN SEE, THE APPRO CONSTRUCTION IS APPROACHING COMPLETION.
IT IS OUR VIEW THAT THE OWNER KNEW OR SHOULD HAVE KNOWN BEFORE WE BEGAN CONSTRUCTION, THAT THE PROJECT DID NOT CONFORM TO THE REQUIREMENTS OF THE NEIGHBORHOOD CONSERVATION DISTRICT.
UH, SPECIFICALLY THE NCD REQUIRES PARKING FOR A MINIMUM OF TWO VEHICLES PER DWELLING UNIT PROHIBITS CURB CUTS EXCEEDING 15 FEET IN WIDTH, EXCEPT AT CORNER LOTS PROHIBITS MORE THAN ONE CURB CUT IN EACH 75 FEET OF STREET FRONTAGE PROVIDES THAT DRIVEWAY SHOULD BE NOT LESS THAN EIGHT FEET IN WIDTH, AND NOT MORE THAN 12 FEET IN WIDTH, AND REQUIRES A FRONT WALK SEPARATED FROM THE DRIVEWAY BY AT LEAST FOUR FEET.
THE DRAWINGS SUBMITTED BY THE OWNER FOR THE BUILDING PERMIT SHOWED PARKING FOR TWO CARS IN THE BACKYARD.
THESE WOULD BE ACCESSED BY THE ALLEY TO THE SOUTH OF THE LOT.
AT THE JULY 10TH MEETING, THE OWNER'S REPRESENTATIVE SAID THIS WAS NOT FEASIBLE BECAUSE OF A UTILITY POLE THAT BLOCKED ACCESS TO THE DRIVEWAY.
HOWEVER, IN MEETINGS WITH THE DEVELOPER, THEY ACKNOWLEDGED THAT IT NEVER WOULD'VE BEEN POSSIBLE TO PARKED CARS BEHIND THE HOUSE BECAUSE THE ALLEY'S ONLY 10 FEET WIDE.
THE BACKYARD'S ONLY 10 FEET WIDE, AND THERE'S NOT ENOUGH RADIUS TO TURN A CAR INTO THAT PARKING SPACE.
IN ADDITION, THE ORIGINAL PROJECT PLAN SHOWED PARKING FOR FOUR CARS IN FRONT OF THE HOUSE, WHICH WOULD'VE VIOLATED THESE, UH, UH, PROHIBITIONS ON CURB CUTS.
NOW, I WANT TO, I WANNA TALK A LITTLE BIT ABOUT THE NCDI WAS ON THE ORIGINAL PLANNING COMMITTEE, AND, AND WHEN, WHEN, TWO IN 2006, WHEN WE STARTED THIS, WHAT OUR MAIN CON, OR ONE OF OUR MAIN CONCERNS WAS WHAT WAS HAPPENING IN AMO HEIGHTS, WHICH IS JUST NORTH OF OUR NEIGHBORHOOD, WHERE PEOPLE WERE BUYING COTTAGE TYPE HOUSES OR, OR, UH, BUNGALOWS, SMALLER HOUSES, TEARING THEM DOWN AND BUILDING WHAT WE CALLED MCMANSIONS.
YOU KNOW, HUGE HOUSES, TWO STORIES.
THEY BUILD FROM ONE SIDE YARD SETBACK TO THE OTHER, FROM ONE BACKYARD SETBACK TO THE OTHER, PUTTING AS AS MANY SQUARE FEET OF, OF HOUSE ON THAT LOT AS THEY CAN.
AND, AND THE MAIN ARCHITECTURAL FEATURE OF BOTH OF THESE HOUSES IS A TWO CAR WIDE GARAGE DOOR ON THE FRONT OF THE HOUSE.
SO JUST LIKE SUBURBAN HOUSES, YOU SEE, UH, OUT NORTH OF 1604.
SO, UH, IN ALAMO HEIGHTS, THEY WERE TALKING ABOUT, UH, LIMITATIONS ON LOT COVERAGE AND LIMITATIONS ON SQUARE FEET AND THINGS LIKE THAT.
AND WE DECIDED THAT WAS REALLY TOO COMPLICATED.
SO WHAT WE DID IS WE PUT IN REQUIREMENTS THAT MATCHED WHAT WAS IN THE NEIGHBORHOOD.
AND SO WE REQUIRE A DRIVE FOR NEW CONSTRUCTION, A DRIVEWAY THAT GOES PAST THE FRONT FACADE OF THE HOUSE, SO THAT THAT FORCES HOW THE HOUSES FARTHER APART.
AND, UH, WE ALSO, UH, UH, LIMITED THE CURB CUTS IN ON, UH, LOTS.
ANY LOT LESS THAN 75 FEET CAN ONLY HAVE ONE CURB CUT.
[01:20:01]
KEEP, UH, KEEP ADDRESSING? HE HAS, HE HAS TIME.WELL, I, WHAT, WHAT, WHAT I'M, WHAT I, THE POINT I WANNA MAKE IS WHAT AN IMPORTANT PART OF THE, THE CONSERVATION DISTRICT DID WAS TO DISCOURAGE PURCHASE, UH, THE BUILDING OF HOUSES LIKE THIS.
UM, NOW THE REQUIREMENT FOR THE DRIVEWAY GOING PAST THE HOUSE DOES NOT APPLY TO LOTS THAT ARE LESS THAN 35 FEET IN WIDTH OR A HUNDRED FEET DEEP.
AND SINCE THIS LOT'S NOT 110 FEET DEEP, THAT REQUIREMENT DOES NOT APPLY.
BUT THE OTHER REQUIREMENTS DO.
AND MY POINT HERE IS TO SHOW THAT THIS IS WHAT WE ARE TRYING TO DISCOURAGE.
NOW, UM, I'VE GOT SOME PICTURES OF SOME OTHER HOUSES THERE.
THERE'S BEEN A LOT OF NEW HOUSES BUILT IN THE NEIGHBORHOOD IN THE LAST FIVE TO 10 YEARS.
THIS IS, THIS IS ONE AT, UH, 2 0 2 CLEARMONT, THAT'S RIGHT ACROSS THE STREET FROM, UH, ONE, OR NOT ACROSS THE STREET, BUT CADDY CORNERED FROM THIS ONE.
AND THESE ARE WHAT WE CALL, UH, SKINNY HOUSES.
THESE ARE, THE DEVELOPER BOUGHT THIS PROPERTY, FOUND THAT THE LOTS WERE 25 FOOT WIDE INSTEAD OF RE AND, AND MOST OF THESE HAD HOUSES THAT STRADDLED THE LOT LINE, AND IT, RATHER THAN RE PLATTING WHAT THE DEVELOPER DID IS BUILD HOUSES THAT ARE 15 FEET WIDE.
AND HERE'S, HERE'S SOME MORE OF THEM.
UH, SO WHAT THIS SHOWS IS THAT, THAT SOMEBODY WHO KNOWS WHAT THEY'RE DOING, WHO, WHO KNOWS WHAT THE, THE NCD SAYS CAN BUILD SUCCESSFUL PROJECTS WITHIN THE GUIDELINES OF THE NCD.
AND SOME OF THESE HAVE PRETTY DIFFICULT LOTS BECAUSE OF THE SLOPES ON 'EM, BUT, BUT ALL THESE HOUSES, AND THERE'S O OVER 50 OF THESE WERE BUILT WITHOUT REQUIRING ANY, ANY VARIANCES TO THE, THE NEIGHBORHOOD CONSERVATION DISTRICT.
SO, UH, TO, TO CONCLUDE, THE NEED FOR VARIANCES ON THE SUBJECT PROPERTY ARE ENTIRELY DUE TO THE FACT THAT THE OWNER DECIDED TO REPLANT THE PROPERTY AND THE OWNER'S DESIGNED FOR THE PROPERTY.
SO ANY HARDSHIP IS TOTALLY THE OWNER'S RESPONSIBILITY.
AND FURTHER, IF, IF VARIANCES LIKE THIS ARE GRANTED, WHAT IT DOES IS SET A PRECEDENT THAT ENCOURAGE DEVELOPERS TO DISREGARD THE NCD REQUIREMENTS, CONSTRUCT A NONCOMPLIANT PROJECT, AND THEN BE GRANTED VARIANCES AFTER THE PROJECT IS COMPLETED.
ANY QUESTIONS? MAYA? COMMISSIONER MAYA? UM, SO MY QUESTION IS, SO YOU, YOU DID MEET WITH THE APPLICANT A COUPLE TIMES AND YOU ALL HAD DIALOGUE, AND WAS IT THAT YOU CAME UP, SO, SO LOOKING AT WHERE THIS HOUSE CURRENTLY IS WITH REGARDS TO ITS COMPLETION, DID Y'ALL HAVE ANY DIALOGUE WHICH WAS KIND OF ACCEPTABLE TO THE MINKE PARK THAT YOU THOUGHT WOULD WORK, UH, FOR THE APPLICANT THEMSELVES? NO, I, I MEAN THERE WE HAVE NO REASON TO NOT OBJECT TO THESE VARIANCES.
THE, THE ONLY TIME IN MY EXPERIENCE THAT, UH, WE HAVE NOT OBJECTED TO VARIANCES IS WHEN A PROJECT THAT GETS VARIANCES SERVES THE NEIGHBORHOOD BETTER THAN WHAT COULD BE BUILT IF IT DIDN'T GET THE VARIANCES.
SO, SO I GUESS I DIDN'T UNDERSTAND THE QUESTION OR, OR DIDN'T UNDERSTAND THE RESPONSE.
SO, SO, SO IN YOUR DIALOGUE WITH THE APPLICANT, THERE WAS, THERE WAS NOTHING THAT, THAT YOU THOUGHT WOULD BE A WORKABLE SOLUTION BETWEEN THE TWO PARTIES? WE'RE, WE'RE NOT DESIGN PROFESSIONALS.
THIS IS UP TO THE, THE OWNER'S DESIGN PROFESSIONAL TO DECIDE WHAT NEED, WHAT NEEDS TO BE DONE TO, TO BE, UH, WITHIN THE REQUIREMENTS OF THE NCD.
I MEAN, AND THEY, THEY, THEY KNEW WHAT THEY WERE DOING BECAUSE THEY, THEY'VE GOT THE MINIMUM BACKYARD SETBACK REQUIRED BY CODE.
THEY GOT THE MINIMUM FRONT YARD SETBACK.
THEY KNEW THAT FOR THE SIDE YARD SETBACK ON THE ALLEY, THAT THEY COULD USE FIVE FEET OF THE WIDTH OF THE ALLEY.
SO NOW THE PROPERTY LINE IS, IS WHERE THE BUILDING IS.
SO THEY, THEY KNOW WHAT THE CODE SAYS AND, AND, AND YET THEY, THEY HAD A PLAN THAT SHOWED PARKING IN THE BACK, WHICH THEY SHOULD HAVE KNOWN WAS NOT FEASIBLE.
UM, LET ME, LET ME, LET ME, UH, ASK A QUESTION THIS WAY.
YOU HAD MENTIONED THAT YOU HAD MET WITH THEM BACK IN JULY.
DID I HEAR THAT CORRECTLY? YES.
AND DO YOU, DO YOU RECALL WHEN THEY, UH, WHEN THEY CONSTRUCTED WHERE THEY'RE AT NOW, WHEN DID THEY START GOING UP ABOVE THE FOUNDATION? WAS IT AFTER JULY OR BEFORE JULY? OH, NO, IT WAS WAY BEFORE.
AND SO I DID, YES, BECAUSE WE HEAR TESTIMONY THAT RECEIVED A PERMIT FROM STAFF.
UH, DID YOU FIND OUT ANYTHING ON THAT? IT WAS ABOUT THE, UH, PARKING IN THE ALLEY, UM, ORIGINALLY APPROVED, BUT TURNED OUT, UH, THE ALLEY WASN'T BIG ENOUGH.
[01:25:01]
SO THEY, THEY DID NOT RECEIVE A BUILDING PERMIT THEN? OH, YEAH, THE BUILDING PERMIT WAS APPROVED AND THEN AT SOME POINT IT WAS STOPPED AND THEY WERE TOLD TO ADJUST THEIR PARKING AND THAT'S WHY THEY ORIGINALLY, THAT'S WHY THEY CAME HERE.I JUST WANTED TO MAKE SURE WE ALL KNEW ABOUT SOME OF THE HISTORY OF THIS.
UH, CAN YOU TELL US WHEN, WHEN DID YOU STOP THE BUILDING PERMIT? IT WAS ISSUED IN DECEMBER OF 2022.
I DON'T KNOW WHEN EXACTLY HE WAS NOTIFIED.
UM, WE CAN ASK THE APPLICANT WHEN THEY COME BACK UP.
UM, BUT TO, TO, TO EXPAND ON THE QUESTION THAT COMMISSIONER MANN ASKED, UM, SO WE HAVE A NUMBER OF VARIANCES HERE.
UH, AND YOU KNOW, RIGHT NOW THEY'RE ASKING FOR, YOU KNOW, THEY CAN DO THREE PARKING SPACES, THE DRIVEWAY'S REALLY WIDE.
UH, THERE'S, THERE'S ISSUES WITH, UM, YOU KNOW, WITH, WITH COUNT AND, AND, AND THE MASSING OF THIS BUILDING.
BUT THERE'S NOT ANYTHING AT ALL THAT, THAT Y'ALL COULD FIND ACCEPTABLE.
SO EVEN WHAT ABOUT TWO SMALL DRIVEWAYS? THAT, THAT IS STILL A VIOLATION OF THE NCD? OKAY.
AND WE, AND, AND, AND WE JUST, WE DON'T, UH, UH, AND I'M, AND I'M ASKING YOU THAT BECAUSE, UM, WHEN, WHEN WE HAVE APPLICANTS, TYPICALLY, TYPICALLY WHEN WE HAVE APPLICANTS THAT DO RECEIVE A BUILDING PERMIT AND THEY GO FORTH AND START BUILDING THOSE PLANS, ONLY FIND THAT THERE WAS AN ISSUE, UH, IT LOOKS LIKE THEY'VE, THEY'VE ACHIEVED SUBSTANTIAL, YOU KNOW, PRETTY SUBSTANTIAL PROGRESS ON THIS TO HAVE IT STOPPED.
UM, AND YOU KNOW, WE DON'T KNOW IF THEY KNEW THAT THEY WERE VIOLATING THE NCD, BUT THEY DID RECEIVE A BUILDING PERMIT.
SO THAT MIGHT MEAN SOMETHING TO THIS BOARD.
AND WE'RE JUST TRYING TO FIGURE OUT IF THERE'S ANYTHING THAT YOU, WELL, YOU KNOW, AND OUR, OUR VIEW ON THAT IS DESIGN PROFESSIONALS ARE CHARGED WITH KNOWLEDGE OF THE LAW THAT, UH, AFFECTS THEIR BUILDING DESIGNS.
AND, AND THE FACT THAT THEY SHOWED TWO PARKING SPACES IN THE BACK, UM, SEEMS LIKE A LITTLE BIT OF MISDIRECTION.
UH, IS THERE ANY OTHER QUESTIONS FOR THE, UH, SPEAKER MANANA? COMMISSIONER, MANNA? THIS QUESTION IS ACTUALLY FOR CITY STAFF, SO, SO, UM, IF THIS, THE CITY STAFF'S RECOMMENDATION IS DENIAL, SO IF IT'S DENIED, UM, WHAT, WHAT IS THE, I GUESS THE END RESULT OF THAT WITH REGARDS TO THIS PROJECT AND BUILDING AND THE PARKING, ET CETERA? UH, IF, IF ALL THIS IS DENIED, UM, HE WOULD HAVE TO ADJUST IT TO HAVE ONLY TWO PARKING RIBBONS.
THAT WAY HE WOULDN'T NEED THE DRIVEWAY WIDTH.
UM, AND THE, I BELIEVE EVERYTHING ELSE, HE WOULD BE ABLE TO MEET 12 FOOT VARIOUS.
LET ME JUST MAKE SURE I'M COVERING EVERYTHING.
LET'S HAVE THE APPLICANT COME BACK FORWARD, SO WE'LL HAVE SOME MORE QUESTIONS FOR YOU.
SO THE FIFTH, UH, THE DRIVEWAY WOULD HAVE TO BE 15 FEET AND THEN HE'D HAVE TO BE ABLE TO PUT TWO VEHICLES, UM, KIND OF A EXPANDED, UH, DRIVEWAY PAST THAT.
I DON'T KNOW IF THERE'S ENOUGH PHYSICAL ROOM FOR THE ACCOMPLISH THAT, BUT, UM, COMMISSIONER MAN, YOU STILL ON THE FLOOR? YEAH.
SO, SO, YOU KNOW, GOING BACK TO THAT QUESTION, SO, SO ESSENTIALLY, IF I'M HEARING CORRECTLY, UM, A RIBBON WOULD BE PERMITTED, UM, PER THE NCD AND PER A SINGLE RIBBON WOULD BE PERMITTED PER THE NCD FOR THE NCD.
UM, AND THEN THE REMAINING PARKING WOULD HAVE TO BE RESOLVED, OR WOULD BE TWO RIBBONS BE PERMITTED? WELL, THE MULTIPLE RIBBONS IS FINE.
IT IS JUST, THE ONLY REASON HE'S ASKING FOR A RIBBON VARIANCE IS BECAUSE ONE OF THOSE RIBBONS IS DOUBLE THE SIZE OF A NORMAL ONE BECAUSE OF THE SHARED ONE LEFT TIRE, ONE RIGHT TIRE FROM DIFFERENT VEHICLES.
THAT'S THE ONLY REASON THAT VARIANCE IS IN HERE.
UM, BUT THE ACTUAL RIBBONS ARE FINE.
IT'S THE OVERALL, UM, DRIVEWAY WIDTH THAT WOULD BE THE ISSUE AT THAT POINT, WHICH IS ONLY ALLOWED, UH, 15 FEET.
SO, SO THAT WAS THE CONTRADICT ESSENTIALLY.
BASICALLY, ESSENTIALLY THE ONLY WAY TO SOLVE THIS IS HAVE IT IN ONE UNIT, HAVE A SINGLE VARIANCES, SO NOT NO LONGER DUAL UNIT, BUT A SINGLE UNIT.
THAT'S THE ONLY WAY THIS CAN GET SOLVED WITHOUT VARIANCES.
'CAUSE WHEN THEY PLANTED THIS, THEY COULD HAVE WIDENED, THEY COULD HAVE DEDICATED, WIDENED THE ALLEY, GET ACCESS TO THE BACK.
THEY DIDN'T, THEY, YOU KNOW, THEY, THEY, THERE'S NO WAY FOR THEM TO FIX THIS WITHOUT MESSING WITH THE BUILDING, YOU KNOW? SO
[01:30:01]
THIS BOARD JUST, THAT'S JUST REALITY.LEMME CLARIFY A COUPLE OF THINGS.
SO THE PERMIT WAS NEVER STOPPED.
I THINK THEY, YOU'RE GETTING INSPECTIONS ON A REGULAR BASIS, RIGHT? SURE, YEAH.
SO THE, THE PERMIT WAS NEVER STOPPED.
THEY, THEY CONTINUED BUILDING, WELL, WE HEAR TESTIMONY FROM STAFF THAT THE PER PERMIT WAS STOPPED.
SO AT SOME POINT YOU WERE, WHY DID YOU DO THE VARIANCE AS FAR AS THE VARIANCE? LIKE WHY ARE YOU HERE DOING THE VARIANCE IF THE CONSTRUCTION WASN'T STOPPED? THERE SHOULD HAVE BEEN A MECHANISM THAT THAT FORCED YOU TO COME HERE.
HE'S GONNA HAVE TO ANSWER THAT QUESTION.
'CAUSE HE, HE, WHAT, WHAT TRIGGERED THE VARIANCE? HOW DID YOU FIND OUT THAT YOU NEEDED TO COME HERE? OKAY, BECAUSE FIRST, FIRST I GOT MY PERMIT AND I STARTED TO BUILD.
AND THEN THEY TOLD ME THAT THE GOING FROM THE BACK, IT'S NOT GONNA WORK.
SO I GAVE HIM FOUR CARS FROM THE FRONT, WHICH THE CITY SAYS WE DON'T HAVE ANY ISSUE.
WHEN, WHEN DID THAT COMMUNICATION TAKE PLACE? DO YOU RECALL? WHAT MONTH OR EIGHT MONTHS AGO? SOMETHING LIKE THIS.
SO THEN THEY TOLD ME, GO MEET THE, WE CAME HERE AND THEY SAID, GO, GO MEET TO THE NCD.
CHANGING THIS, THIS TRY ANYTHING THAT THEY WANT.
THEY NEVER, BUT THEY SAID, WE DON'T LIKE YOUR BUILDING.
THEY DIDN'T CARE ABOUT THE PARKING, WE DON'T LIKE THE BUILDING.
JUST TO CLARIFY WHAT WAS THERE BEFORE, IT WAS A LITTLE BUNGALOW AND IT WAS IN JUST, JUST REPAIR.
IT WAS A, IT WAS A, IT WAS JUST TOTALLY TRASHED, HOMELESS WITH GOING DOWN.
I, I MEAN, WE'RE, WE'RE NOT HERE TO DISCUSS THE SIZE OF YOUR BUILDING, BUT IT IS A VERY LARGE BUILDING.
IT'S A TWO AND A HALF STORY BUILDING.
IT LOOKS LIKE THAT'S UP AGAINST ALL THE SETBACKS.
SO THAT, AND JUST TO, UM, ADD, IF FOR SOME REASON YEAH, HE'S, HE'S GONNA CHANGE IT TO A SINGLE FAMILY, UM, INSTEAD OF TWO UNITS, HE WOULD HAVE TO COME FOR A LOT SIZE VARIANCE BECAUSE IT'S LOT SIZE.
IF YOU'RE DEVELOPING SINGLE FAMILY AND, UH, MULTI-FAMILY HAS TO MEET THE R FOUR STANDARDS, AND THIS IS NOT, YEAH.
SO IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION? WHAT WE'RE GONNA DO IS WE'RE GONNA LOOK FOR A MOTION AND WE'LL DELIBERATE, I'M SORRY, I THINK THERE WAS ONE MORE SPEAKER.
IS THERE, UH, SCOTT DAY? I CAN'T HAVE THE, WHO WAS THE OTHER ONE BACK THERE THAT OKAY, I'M SORRY.
SO MA'AM, IF YOU STILL WANT TO SPEAK, YOU CAN SPEAK IF YOU WANT.
SO LET'S HEAR THE VOICEMAILS THAT THEY, THEY GET UP AND RUNNING, HAVE VOICEMAILS.
CAN I, YOU, WE WILL HAVE YOU COME UP FOR A MINUTE FOR A REBUTTAL, UH, BUT WE'RE GONNA LISTEN TO SOME VOICEMAILS.
FIRST, THAT TEN THREE HUNDRED ONE SIX FOUR, THIS IS THE HOUSE ON 1 1 5 MILTON, THE REQUEST FOR A VARIANCE.
I LIVE AT 44 0 3, PUTTING GREEN SAN ANTONIO, SEVEN EIGHT, UH, 2 1 7.
UM, MY DAUGHTER LIVES AT, UH, 7 26 MADELINE, WHICH IS JUST ALONG THE RIGHT DOWN THE STREET FROM, UH, THIS PARTICULAR, UH, HOUSE.
AND, UM, I WALK HER LARGE DOG.
MY HUSBAND AND I BOTH FREQUENTLY WALK HER LARGE DOG TO AND FROM MONTEY PARK BACK AND FORTH.
AND THEN THERE IS ADDITIONAL PEDESTRIAN TRAFFIC BOTH DAY AND NIGHT ALONGSIDE ONE 15 MILTONS WHERE PEOPLE GOING TO WORK, GOING TO THE PARK.
AND YOU'RE TALKING ABOUT LATE INTO THE NIGHT.
UM, IT IS EASY TO STATE THE REQUEST, UH, FOR WHO IS GOING TO BE, UH, STATE THE REQUEST FOR, UH, THIS PARTICULAR, UM, VARIANT.
BUT, UM, WHO IS GOING TO BE POLICING IT, MAKING SURE THAT IT IS IN COMPLIANCE AND THAT THE VEHICLES ARE NOT PARKED ON THE SIDEWALK.
I STRONGLY, STRONGLY OPPOSE THE CHANGE.
UM, THERE SHOULD BE NO ALLOWANCE FOR, UH, THIS VARIANT.
MY NUMBER IS TWO TEN THREE ONE THREE FORTY SIX EIGHTY SIX.
HI, THIS CALL IS IN REGARDS TO CASE
[01:35:01]
NUMBER BOA 2 3 1 0 3 0 0 1 6 4.MY NAME IS JULIET AND DONALDSON.
MY PHONE NUMBER IS (210) 355-2130.
UM, AND I LIVE AT 2 7 6 NALINE AVENUE, WHICH IS WITHIN 200 FEET OF THE PROPERTY IN THIS CASE, WHICH IS 115 MILTON STREET.
UM, I'M CALLING TO REGISTER MY OPPOSITION TO THIS REQUEST, WHICH HAS NOT BEEN SUBSTANTIALLY ADDRESSED, UM, UH, WHICH HAS NOT SUBSTANTIALLY ADDRESSED THE ISSUES THAT I HAD WITH THIS PROPERTY.
THE LAST TWO TIMES, REQUESTS LIKE THIS WERE MADE.
UM, MILTON STREET RECEIVES A LOT OF FOOT TRAFFIC, NOT ONLY FROM JUST MYSELF AND MY PARENTS, BUT ALSO THE CHILDREN WHO RESIDE IN THIS NEIGHBORHOOD.
THE REQUESTED VARIANCE HAS FORCED PEDESTRIANS OFF OF THE SIDEWALK AND INTO THE ROAD.
AND GIVEN THE LOCATION OF THE PROPERTY AND THE SPEED WITH WHICH SOMETIMES DRIVERS COME OFF OF NALINE, THIS IS DANGEROUS TO ANYONE WHO MAY BE WALKING IN THE STREET.
THE FACT THAT LAMAR ELEMENTARY IS SLATED TO CLOSE IS IRRELEVANT TO THE ISSUE AT HAND BECAUSE CHILDREN STILL RESIDE IN THIS AREA.
AND WE, AS OF YET DON'T KNOW WHAT PLANS THE DISTRICT HAS FOR THE PROPERTY.
UM, THE LACK OF PLANNING THAT HAS GONE INTO THIS PROPERTY IS NOT REASON ENOUGH TO MAKE CHANGES TO CODE, TO FORCE PEDESTRIANS INTO THE ROADWAY.
UH, I THANK YOU FOR YOUR TIME AND CONSIDERATION, MARY MCCARTNEY 2 1 0 4 7 3 2 5 7 0 AT 2 0 3 CLAREMONT AVENUE.
I'M CALLING IN REFERENCE TO CASE NUMBER D OH A 23 DASH 1 0 3 0 0 1 6 4.
AND WE WANT TO MAKE A COMMENT AGAINST THE OWNERS RECEIVING ANY VARIANCES WITHOUT PARKING AND ET CETERA.
IT'S NOT FAIR TO ALL OF THOSE RESIDENTS.
I THINK THEY SHOULD HAVE GOTTEN VARIS BEFORE THEY STARTED BUILDING, SO THEY KNEW THAT WHAT THEY WERE DOING.
SO IT, WE DON'T, WE DO NOT WANT THE VARIANCE OR THE VARIS TO GO THROUGH FOR THE PROPERTY OWNER.
UNFORTUNATELY, WE FEEL THAT THE
WE ALREADY HAVE A CONGESTED AREA IN MANY WAYS.
WE HAVE BUSES WITH CHILDREN AND ANIMALS.
IT'S JUST NOT FAIR TO THE RESIDENTS ON CLAREMONT NELSON IN THIS AREA.
HI, THIS IS MIKE MCCARTNEY, UH, LIVE AT 2 0 5 CLAREMONT.
AND, UM, CALLING ABOUT CASE NUMBER BOA TWO THREE DASH 1 0 3 0 0 1 6 4.
UM, I JUST WANT TO VOICE MY, UM, OPPOSITION TO THESE VARIANCES.
UH, MAINLY DUE TO THE PARKING SITUATION, IT'S GONNA CAUSE, UH, THEY HAVEN'T FACTORED IN ENOUGH SPOTS ON THE, ON THAT PROPERTY FOR THE AMOUNT OF PEOPLE THEY'RE GONNA HAVE.
IT'S GONNA CAUSE AN ISSUE FOR THE RESIDENTS AROUND THERE.
ADDITIONALLY, THEY'RE DOING A, A LONGER CURB CUT.
THEY WON'T HAVE STREET PARKING, UH, WHICH WILL PUSH OTHER THEIR TENANTS TO OTHER HOUSES AND JUST CAUSE MORE OF AN ISSUE THAN WHAT WE HAVE DOWN THERE NOW.
UM, AND, AND ONE THING I ALSO WANT TO COMMENT ON IS, IS I DON'T KNOW IF THE HEIGHT, I KNOW THERE'S SOME HEIGHT RESTRICTIONS.
I DON'T KNOW IF THAT'S BEEN LOOKED AT.
UH, BUT THAT BUILDING SEEMS PRETTY, PRETTY HIGH COMPARED TO WHAT'S, WHAT'S ALLOWED IN THAT AREA.
UM, SO AGAIN, JUST VOICE MY OPPOSITION ON NOT APPROVING THIS DUE TO THE PARKING SITUATION.
MY ADDRESS IS 3 0 7 A NALIN AVENUE, 3 0 7 NALIN AVENUE, SAN ANTONIO, SEVEN EIGHT TWO OH NINE.
MY PHONE NUMBER IS (714) 300-5984.
I'M CALLING REGARDING CASE NUMBER BOA 2 3 1 0 3 0 0 1 6 4.
MY HOME, MY HOME IS LOCATED ON NALIN AVENUE WITHIN 200 FEET OF ONE 15.
MILTON, THE PROPERTY IN QUESTION, I AM A CURRENT BOARD MEMBER OF THE MANKEY PARK NEIGHBORHOOD ASSOCIATION.
THE NEW THREE STORY STRUCTURE.
AT ONE 15, MILTON WAS BUILT IN THE BACKYARD OF 1 5 4 CLAREMONT.
THERE IS NOT ENOUGH SPACE FOR THE NEW STRUCTURE AND REQUIRED PARKING.
THE NEIGHBORHOOD CONSERVATION DISTRICT GUIDELINES WERE NOT FOLLOWED, AND THE STRUCTURE SHOULD NOT HAVE BEEN PERMITTED.
AS FOR PARKING IN THE DRIVEWAY, DRIVERS WOULD HAVE TO PULL UP TO THE FRONT DOOR OF THE HOME.
AND EVEN THEN, ONLY ONE IS LEFT BETWEEN THE PARKED VEHICLE AND THE PUBLIC PEDESTRIAN SIDEWALK.
ADDITIONALLY, WITH A LIMITED NUMBER OF PARKING SPACES ON THE PROPERTY, THE INHABITANTS WILL
[01:40:01]
BE FORCED TO PARK AT THE CURB ALONG MILTON, WHICH IS A TWO LANE NEIGHBORHOOD STREET.WE HAVE MET WITH THE PROPERTY OWNER AND HIS REPRESENTATIVE THREE TIMES AS A NEIGHBOR OF THIS, OF THIS PROPERTY.
AND AS A BOARD MEMBER, I'M STRONGLY OPPOSED TO THE VARIANCES.
HAS HAD THE APPLICANT COME BACK UP.
UH, WE'LL GIVE YOU A MINUTE TO PROVIDE ANY ADDITIONAL TESTIMONY OR REBUTTAL AND THEN WE'LL DELIBERATE.
SO AFTER HEARING ALL THESE CONCERNS, IS THERE ANYTHING YOU WANT US TO KNOW BEFORE WE, I THINK THEY WERE CONCERNED ABOUT THE CARS PARKING ON THE SIDEWALK.
SO THE SIDEWALK'S GONNA REMAIN WHERE IT'S AT AND THERE WON'T BE ANY CARS PARKING THERE NOW THAT WE ARE AT 20 FOOT.
UM, ANYTHING ELSE YOU GOT? YEAH, BECAUSE I THINK THERE IS A FEW THAT IN FAVOR.
SO WHERE ARE THEY? UH, STAFF, CAN YOU BRING UP THE MAP, UH, WITH THE RESPONSES? YOU GOTTA CHANGE THE SCREEN.
SO, SO THERE, IF THE COMMISSION CAN SEE YOU, UH, WHO RESPONDED IN FAVOR WITH THE GREEN CHECK MARKS? ALRIGHT, SO WE'LL, WE'LL SEE HOW THIS TURNS OUT.
LOOKING FOR A MOTION? OKAY, THANK YOU.
CASE, UH, DIES FOR LACK OF MOTION.
SO NO, COMMISSIONER WAS WILLING TO MAKE A MOTION ON YOUR CASE, SO IT'S, I APOLOGIZE.
IF YOU CAN GET WITH STAFF, THEY'LL EXPLAIN TO YOU WHAT TO DO FROM HERE.
ALL RIGHT, WE'RE GONNA TAKE A FIVE MINUTE BREAK, RESTROOM BREAK AND THEN WE WILL COME BACK FOR ITEM FOUR TWO FIFTY FIVE.
UH, WE'RE GONNA CALL THIS BACK INTO SESSION.
ITEM NUMBER FOUR IS BO OA DASH 23 DASH 0 3 0 2 60.
THE ADDRESS IS 3 1 5 HENRY STREET IN CITY COUNCIL.
THE APPLICANT IS MERRICK SAZINSKI AND THE REQUEST IS FOR A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORIES TO ALLOW A STRUCTURE WITH THREE STORIES.
AND THE CURRENT ZONING IS IDZ TWO.
THE SUBJECT PROPERTY IS LOCATED ALONG HENRY STREET, NEAR NORTH HAMILTON STREET.
THE APPLICANT IS SEEKING A VARIANCE FROM THE MAXIMUM HEIGHT LIMITATION TO ALLOW FOR A THREE STORY STRUCTURE THAT WILL BE USED AS A ROOMING HOUSE.
UM, UP TO FOUR STORIES IS PERMITTED WITHIN THE CURRENT ZONING OF IDZ TWO.
BUT DUE TO THE PROPERTY BEING ADJACENT TO SINGLE FAMILY USES, THE HEIGHT IS CAPPED AT THE HEIGHT OF THE SINGLE FAMILY DISTRICTS, UH, AND ALSO TRAFFIC REVIEWED AND APPROVED.
THE PARKING PLAN, AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY.
IT'S CURRENTLY VACANT, JUST A DIFFERENT VIEW AND THE SURROUNDING AREAS.
A STAFF RECOMMENDATION FOR THE HIGH VARIANT STAFF RECOMMENDS A DENIAL IN BO OA DASH 23 DASH 0 3 0 0 2 60 BASED ON THE FOLLOWING.
THE REQUEST IS CONTRARY TO THE PUBLIC INTEREST OF THE, UM, ABUTTING PROPERTIES AS A THREE STORY STRUCTURE CAN IMPOSE ONTO THE INTEREST OF THE SINGLE FAMILY USES.
AND THIS WAS THE NOTIFICATION PLAN.
UM, ZERO RETURN IN FAVOR, HOWEVER, ONE IN FAVOR, UH, ONE IN FAVOR, OUTSIDE THE 200 FEET, UH, ZERO IN OPPOSITION AND PROSPECT HILL NEIGHBOR ASSOCIATION IS IN OPPOSITION OF THE REQUEST AND THE WEST END HOPE IN ACTION.
UH, NEIGHBOR ASSOCIATION IS IN FAVOR OF THE REQUEST AND THIS IS THE NEIGHBORHOOD ASSOCIATION RESPONSE, UM, FROM PROSPECT HILL.
AND THIS IS THE RESPONSE FROM THE WEST END HOPE IN ACTION NEIGHBORHOOD ASSOCIATION.
AND THIS IS SOME ADDITIONAL PUBLIC COMMENT.
AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
SO, UH, JUST REALLY QUICK, THAT THE 50 FOOT RULE THAT CAME INTO EFFECT THAT LIMITED THE TWO AND A HALF STORIES MM-HMM.
[01:45:01]
COME INTO EFFECT AFTER OR BEFORE THE IDZ TWO ZONING WAS APPROVED? UH, LET ME SEE.AND I'M CURIOUS BECAUSE ON IDZ TWO, YOU HAVE TO, YOU HAVE TO LIST YOUR INTENT TO GO THREE STORIES, DON'T YOU, IN THE, IN THE APPLICATION PROCESS FOR THAT? CORRECT.
THE ORDINANCE WAS PASSED, UM, IN DECEMBER OF 2022 WITH THE THREE STORIES, UH, WITHIN THE SITE PLAN.
UM, SO IT WAS, THE ZONING WAS APPROVED, UM, RIGHT BEFORE THE CHANGE IN JANUARY.
AND SO THERE'S NO GRANDFATHERING ON THAT, CORRECT? NOT, OKAY.
IT'S NOT A, IT'S NOT APPLICABLE FOR VESTED RIGHTS.
UM, I WOULDN'T ASK MARCO REAL QUICK.
I'M JUST WONDERING 'CAUSE IF IT, IT JUST SEEMS LIKE FOR SOMETHING THAT WENT THROUGH SO CLOSE TO THE, WHEN THE 50 FOOT RULE KICKED IN MM-HMM.
SO, UM, ANY OTHER THOUGHTS ON THAT? ANYTHING MIKO? I KNOW WE LOOKED AT, UM, THIS TO SEE IF WE WERE ABLE TO GRANDFATHER IT IN.
I KNOW THERE'S A LOT OF APPLICATION THAT WE RECEIVED, UM, CLOSER TO THE BEGINNING OF THE YEAR THAT WE WERE ABLE TO GRANDFATHER IN.
AND THE CITY DOESN'T ALLOW, UH, AN IDZ APPROVED IDZ SITE PLAN IS IS A JUSTIFICATION FOR A VESTED RIGHTS APPLICATION.
ALL ANY QUESTIONS FROM THE COMMISSION FOR FOR STAFF COMMISSIONER MANN? SO, SO JUST FOLLOW UP ON THAT QUESTION.
SO, SO THE ORIGINAL ID Z PLAN DID OFFER THREE STORY BUILDING.
IS IT, I'M, I'M GONNA PULL IT.
I DON'T THINK IT'S AT THREE STORIES.
UM, I KNOW, I KNOW WHEN WE REVIEWED IT, UM, I BELIEVE THAT'S PART OF THE REVIEW THAT WE DID, BUT I'LL DOUBLE CHECK.
THAT'S USUALLY A REQUIREMENT TO LIST SO MUCH STUFF NOW.
UM, YEAH, IF YOU CAN FIND THAT ZONING SITE PLAN, WE'D PROBABLY LIKE TO SEE IT.
UH, ANY OTHER QUESTIONS BEFORE WE MOVE ON TO THE APPLICANT? HEARING NONE, LET'S HAVE THE APPLICANT COME FORWARD.
STATE YOUR NAME, TELL US ABOUT YOUR CASE.
I'M THE OWNER OF, UH, OF THIS PROPERTY.
UM, YES, THE REZONING HAPPENED A COUPLE OF YEARS AGO AND, UH, THAT WAS AFTER WE HAD THE RECOMMENDATION FROM THE CITY ORIGINALLY, THE, THE PROPERTY WAS M 33 AND SINCE WE DECIDED TO DO A SPECIFIC PROJECT, WHICH PROVIDES THE HOUSING FOR KIDS GROWING OUT OF FOSTER CARE, 18 TO 24.
SO WE DECIDED TO, UM, REZONE IT.
ACTUALLY, IT WAS A RECOMMENDATION FROM THE CITY TO REZONE IT FOR IDZ TWO.
AND, UH, EVERYTHING WAS GOING SMOOTH WITH THE APPLICATION PERMIT UNTIL FOUND OUT SOMEBODY FOUND OUT ABOUT THE, UH, THE HEIGHT MAXIMUM.
AND FROM THE VERY BEGINNING WHEN WE REONE IT, IT WAS ALSO THREE STORY.
WE ALSO HAD SOME KIND OF PRE-DEVELOPED MEETING WITH THE CITY AND NOBODY CATCH THIS BEFORE.
AND, UH, NOW WE, WE WITH A BIGGER PROBLEM, UH, WITHOUT THIS, UM, ADDITIONAL STORY, WE LOSING SIX UNITS, WHICH IS 12 TO 18 KIDS.
BUT YOUR APPLICATION AT ALL TIMES FOR THAT EASY TWO WAS FOR THREE STORIES? CORRECT.
AND DID YOU HAVE ANY, UH, MEETINGS WITH THE NEIGHBORHOOD ASSOCIATIONS DURING THE ZONING CHANGE? WE WORKED VERY CLOSELY WITH THE, WITH THE NEIGHBORHOODS, UH, WITH THE WEST HOPE INION.
WE WORKED WITH SAM'S MINISTRIES, HARBOR CHAPEL, UH, SAN ANTONIO HOMELESS SERVICES AND A DISTRICT ONE.
SO THIS BEEN A KIND OF A YEAR FOR US WHEN WE WERE DEVELOPING THIS ALL TOGETHER.
AND, AND IS THIS, IS THIS SITE STAFF, IS THIS IN THE PROSPECT HILL ASSOCIATION BOUNDARIES OR THEY JUST WITHIN 200 FEET? THEY'RE WITHIN, UH, BOTH DOWN.
UM, THEY'RE INSIDE OF BOTH NEIGHBORHOOD ASSOCIATIONS.
DID DID YOU MEET WITH PROSPECT HILL DURING THE ZONING CHANGE PROCESS? YES, BUT, UH, ACCORDING TO THEM, UH, ACCORDING TO LATEST CHECKING ON THE MAPS, UH, WE ARE NOT IN THE, IN THEIR BOUNDARIES DURING THE ZONING CHANGE SOONER.
IS THERE A QUESTION? COMMISSIONER ZUNIGA.
THIS ORGANIZATION THAT YOU, UH, JUST MENTIONED, ARE THEY NEIGHBORHOOD ASSOCIATIONS OR MINISTRIES OR, UH, I HAVE A, I HAVE A REPRESENTATIVE HERE TO SPEAK THE WEST HOPE ACTION.
IS THAT A, A NEIGHBORHOOD ASSOCIATION NEIGHBORHOOD? IT IS, IT'S THAT.
WE, UM, WE'LL HAVE, I'M ASSUMING THAT YOUR NAME'S ON A LIST TO SPEAK.
WE'LL HAVE YOU COME UP AT A LATER TIME, BUT ALL, ALL THEIR NEIGHBORHOODS, ALL FOUR OF 'EM ARE YES.
UH, REPRESENTED BY THE GENTLEMAN HERE.
ANY OTHER QUESTIONS FOR THE APPLICANT? UH, AND TO ANSWER THE, UH, EARLIER QUESTION, UM,
[01:50:01]
SO BECAUSE IT'S APPROVED BY THE IDZ, THERE'S STILL INSTANCES WHERE THEY HAVE TO COME TO A VARIANCE AFTERWARDS THAT FULL THREE STORIES WAS STILL PART OF THE RULE.IT WASN'T, IT WASN'T PART OF THE HALF STORY DEFINITION CHANGE.
IT WAS STILL, SO WE'VE SEEN OTHER CASES WHERE THEY HAD ON THE SITE PLAN UNDER, UM, IDZ SETBACK WITH A TWO FOOT, I BELIEVE WE HAD A FEW MONTHS AGO.
THEY UNDERSTOOD THAT THEY NEEDED TO COME TO THE BOARD OF ADJUSTMENT AFTERWARDS.
THAT'S WHY WE COULDN'T GRANDFATHER THEM IN.
AND, UH, THAT'S WHY I WAS ASKING ABOUT THE DATE THAT THE, UH, THAT 50 FOOT RULE CAME IN AND THAT THAT WAS JANUARY 1ST.
I THOUGHT IT PREDATED THAT THE 50 FOOT RULE FROM THE SINGLE FAMILY THAT THAT'S BEEN AROUND FOR FOR YEARS.
UH, UH, I JUST HAVE A QUESTION.
ARE YOU ALSO THE, I ASSUME THERE'S GOING TO BE A, NOT-FOR-PROFIT RUNNING THIS AND YES, WE, WE STILL PLANNING HOW TO GET THE STRUCTURAL ORGANIZATION FOR IT, BUT PROBABLY WE'RE GONNA MOVE IT INTO THE NON-PROFIT.
AND SO THIS WILL BE A SEPARATE NONPROFIT.
ARE YOU WORKING WITH THE CITY? IS THIS LIKE PART OF SOME AGENCY OR SOMETHING THAT'S DOING THIS? NO, WE, AS, AS OF THIS MOMENT, WE, WE REGISTERED A NEW COMPANY CALLED HOUSING FIRST OF SAN ANTONIO.
AND THE BUILDING IS STILL GONNA BE BUILT UNDER MY NAME.
AND THEN ORGANIZATIONAL IS GONNA GO ON UNDER HOUSING FIRST OF SAN ANTONIO.
COMMISSIONER BARRINGTON, HOW MANY, UH, HOW MANY UNITS ARE WE TALKING ABOUT IN WE TALKING ABOUT 18 UNITS ALTOGETHER.
AND HOW MANY ARE AT ISSUE HERE IN THE THIRD FLOOR? THE THIRD FLOOR IS ABOUT HALF THE FIRST FLOOR.
UM, TAKES A, A ROOM, A SPACE FOR A SHARED KITCHEN.
UH, THERE'S GONNA BE A LIBRARY ROOM, MULTI-USE ROOM.
WE'RE GONNA HAVE SOME KIND OF RECEPTIONIST AND, UH, OFFICE AREA.
SO BASICALLY ALL THE STAFF IS GONNA BE ON THE FIRST FLOOR.
IF WE'RE GONNA LOSE ONE OF THE, THE THIRD FLOOR, THAT MEANS IT'S GONNA BE COM.
YOU'RE TALKING ABOUT BASICALLY HALF THE CAPACITY.
SO, SO LOOKING AT THE, SO I DIDN'T QUITE UNDERSTAND THE ANSWER WITH REGARDS TO HAD YOU HAD A CHANCE YET TO MEET WITH THE PROSPECT HILL? UM, SO DID YOU WORK WITH THEIR NEIGHBORHOOD ASSOCIATION IN ANY OF THE DIALOGUES? AND WAS THERE ANYTHING OUT OF THAT DIALOGUE THAT YOU UNDERSTOOD? UM, I DON'T REMEMBER SPECIFICALLY WITH THEM.
UH, BUT I GUESS SOMEBODY WAS FROM, FROM THE, FROM THIS NEIGHBORHOOD ASSOCIATION WAS ON THE LAST MEETING COUPLE OF WEEKS AGO, AND THEY HAD A ISSUE WITH, UH, WITH THE PARKING.
THAT'S WHY WE, WE COULDN'T GET IT ON, ON THE LAST BOARD OF ADJUSTMENTS, WE ADJUSTED THE PARKING.
NOW IT'S JUST THE HEIGHT IS WHAT IS, UH, SO, UM, SO FOLLOWING UP ON THAT, THAT PARTICULAR POINT, UM, I'M LOOKING AT THE OBJECTION THAT WAS WRITTEN DOWN HERE, PROVIDED BY, UM, PROSPECT HILL, AND IT IS SPECIFIC TO THE PARKING ITSELF.
AND SO, SO, UM, SO, SO IT, I GUESS IN THIS DIALOGUE, WHAT WAS YOUR UNDERSTANDING OR, OR DO YOU HAVE ENOUGH SPACES WITH REGARDS TO IT TO ADDRESS THAT ONE CONCERN FROM THEIR PERSPECTIVE? OH, THE PARKING IS ALREADY ADDRESSED.
WE WORKED WITH THE, UH, WITH THE STAFF HERE AND WE ORDER, ORGANIZE THE PARKING AND, AND WITH MISSED REQUIREMENTS.
AND TRAFFIC DEPARTMENT REVIEWED THIS.
THERE'S NO ISSUE WITH THE PARKING.
OKAY, SO I, THIS IS ABOUT HARDSHIP 'CAUSE THAT'S ONE OF OUR, OUR STANDARDS.
UM, YOU ARE ALLOWED TO DO A HALF STORY.
SO IF YOU DID A HALF STORY, COULD YOU GET THREE MORE UNITS UP THERE? UH, IN OTHER WORDS, YOU ARE TALKING, IF YOU DID, IF WE DIDN'T GIVE YOU THE VARIANCE FOR THREE STORIES, YOU ARE BY RIGHT.
ALLOWED TWO AND A HALF STORIES.
SO COULD YOU PUT THREE MORE UNITS ON THE THIRD ON THE, THE SECOND AND A HALF FLOOR? AND THOSE UNITS ARE SMALL ALREADY AND EVERY UNIT WE LOSE, WE LOSE BASICALLY THREE KIDS.
SO THE ANSWER IS YOU CAN'T DO A A HALF STORY.
ANY OTHER QUESTIONS? UH, LET'S SEE.
YOU HAVE ANYONE SIGN UP TO SPEAK VOICEMAILS? WE GOT TWO SPEAKERS AND NO VOICEMAILS.
ALL RIGHT, LET'S HAVE THE FIRST SPEAKER COME UP.
I'M THE VICE PRESIDENT OF PROGRAMS AT SAM MINISTRIES.
UM, I'VE BEEN WITH OUR AGENCY FOR, FOR 10 YEARS NOW.
SO, UM, WE'VE BEEN WORKING WITH MR. MERRICK, UH, PROBABLY A LITTLE ABOUT A YEAR AND A HALF TALKING ABOUT THIS PROJECT.
AND SO WE'VE BEEN PROVIDING SOME INSIGHT
[01:55:01]
ON THE NEED FOR, FOR, UH, HOUSING SPECIFIC TO HOMELESS YOUTH, WHICH HUD DEFINES AS 18 TO 24 YEARS OLD.UM, SO THIS IS A TARGET POPULATION THAT WE'RE LOOKING AT, UM, SPECIFIC TO THIS.
AND SO, UM, BEFORE I, I, YOU KNOW, SPEAK ON THAT, I'D LIKE TO GIVE JUST SOME, UH, REAL NUMBERS IN, IN OUR CITY ON, ON WHAT THE NEED IS SPECIFIC TO THIS YOUTH OR TO THIS, UH, AGE GROUP.
UM, SO AS OF YESTERDAY, THERE WERE 3,422 INDIVIDUALS ON WHAT WE CALL THE RESOURCE ELIGIBILITY LIST, WHICH IS ESSENTIALLY THE HOUSING LIST.
THESE ARE PEOPLE WHO ARE HOMELESS BY HUD DEFINITION, EITHER UNSHELTERED ON THE STREETS OR IN A SHELTER.
SO AS OF YESTERDAY, 3,422 PEOPLE ON THAT LIST, UH, WAITING TO BE REFERRED TO A HOUSING PROGRAM, UH, 288 OF THESE INDIVIDUALS FALL INTO THAT AGE RANGE OF 18 TO 24 YEARS OLD.
UM, EXCUSE ME, SAM MINISTRIES HAS A PROGRAM THAT PROVIDES A DROP-IN CENTER, SO, UH, TARGETED SERVICES TO THIS AGE GROUP.
UM, AND SO JUST TO PUT THINGS INTO PERSPECTIVE, FROM APRIL OF 2022 TO OCTOBER OF 2023, WE'VE HAD 250 UNIQUE ENROLLMENTS INTO THAT PROGRAM.
OF THESE 18 TO 24 YEAR OLDS, 87% HAVE ENGAGED IN CASE MANAGEMENT SERVICES.
62% HAVE ENGAGED IN MENTAL HEALTH SERVICES.
45% OF THESE INDIVIDUALS ARE FORMER FOSTER YOUTH.
THEY'VE AGED OUT OF FOSTER CARE.
UH, 41% OF ENGAGED IN EDUCATION, EMPLOYMENT SERVICES WITH, OF THAT 41%, 55% SECURE IN EMPLOYMENT AND 28%, UM, EARNING THEIR HIGH SCHOOL DIPLOMA THROUGH THIS PROGRAM.
SO THESE YOUNG PEOPLE, GIVEN WHAT THEY'VE BEEN THROUGH, THE THINGS THAT THEY'RE EXPERIENCING, THEY WANT HELP.
YOU KNOW, A LOT OF TIMES WE HEAR SOME THINGS WHERE THEY JUST WANNA BE OUT THERE THAT THEY WANT HELP.
UM, SO WE, WE, WE HAVE SOME GREAT STATISTICS AND NUMBERS THAT WE CAN, UH, SHOW AS FAR AS THIS PROGRAM AND, AND THE NEED.
UM, AS FAR AS PERMANENT HOUSING, JUST FOR OUR PROGRAM, OVER THE LAST TWO AND A HALF YEARS ALMOST, WE'VE ONLY HAD 14%, UM, MOVE TO PERMANENT HOUSING.
SO THAT LIST, YOU KNOW, OBVIOUSLY THE, THE NEED OUTWEIGHS THE, THE, UH, THE INVENTORY OF HOUSING THAT WE HAVE.
SO WITH THAT SAN MINISTRIES, WE HAVE A 40 YEAR PROGRAM, A 40 YEAR HISTORY OF PROVIDING SERVICES AND SUPPORT TO FAMILIES AND INDIVIDUALS WHO ARE AT RISK OF HOMELESSNESS AND WHO ARE ACTIVELY EXPERIENCING HOMELESSNESS IN SAN ANTONIO.
WE'RE A FUNDED PARTNER WITH THE CITY OF SAN ANTONIO ACROSS VARIOUS PROJECTS THAT WE HAVE.
PROGRAMS SUCH AS OUR TRANSITIONAL LIVING FACILITY, OUR SITE-BASED PERMANENT SUPPORTIVE HOUSING PROJECT AT THE HUDSON APARTMENTS AND OUR LOW BERRY EMERGENCY SHELTER.
OPERATING CLOSE PROXIMITY TO SURROUNDING BUSINESSES AND RESIDENTIAL NEIGHBORHOODS.
OUR SCATTERED SITE PERMANENT SUPPORTIVE HOUSING PROGRAMS AND RAPID REHOUSING PROGRAMS ALLOW US TO PLACE HUNDREDS OF FAMILIES AND INDIVIDUALS TRANSITIONING OUT OF HOMELESSNESS INTO APARTMENT COMPLEXES AND NEIGHBORHOODS THROUGHOUT OUR CITY.
UH, HOMELESSNESS IS A VERY POLARIZING SOCIAL ISSUE.
AND WITH SO MANY OF OUR PROGRAMS OPERATING THROUGHOUT THE CITY, WE ARE ALWAYS STRIVING TO BE GOOD AND RESPONSIBLE NEIGHBORS.
A PROGRAM SUCH AS THE ONE PROPOSED FOR THREE 15 HENRY STREETS HELPS FILL THE GAP IN AFFORDABLE HOUSING OPTIONS FOR THIS POPULATION.
IT PROVIDES A SAFE SPACE FOR YOUNG PEOPLE TO GAIN THEIR BEARING AND STABILIZE.
IT GIVES OPPORTUNITIES TO BREAK CYCLES OF UNHEALTHY DYSFUNCTION THAT HAS BEEN PERSISTENT FOR MANY GENERATION IN THE LIVES OF THE FAMILIES AND INDIVIDUALS THAT WE SERVE.
UH, SAM MINISTRIES IS VERY APPRECIATIVE OF THE OPPORTUNITY TO PARTNER WITH MERRICK SOLUTIONS ON MAKING THIS PROGRAM COME TO FRUITION.
AND WE RESPECTFULLY REQUEST THAT THE BOARD OF ADJUSTMENT COMMISSIONERS APPROVE THE VARIANCE REQUEST FOR A THREE STORY STRUCTURE AT THREE 15 HENRY STREET.
IS THAT THE NEXT SPEAKER COME UP, MR. GREG JACKSON? YES, SIR.
I'M A CO-CHAIR FOR WESTERN HOPE IN ACTION.
THE NEIGHBORHOOD ASSOCIATION HAS, HAS WORKED WITH MR. MERRICKS FOR ABOUT 18 MONTHS TO GET THIS DONE.
PROSPECT HILL, I DON'T KNOW HOW THEY EVEN GOT INVOLVED 'CAUSE THEY ACTUALLY SIT IN DISTRICT FIVE.
MR. BRAVO, WHICH WAS THE, UH, COUNCILMAN AT THE PARTICULAR TIME.
WE WERE SAT WITH HIM AND WE WERE SAT WITH THE NEW DISTRICT ONE COUNCIL REP AND WALKED THROUGH THIS WHOLE PROCESS.
TERRY CASTILE, WHICH IS THE COUNCIL PERSON OVER IN DISTRICT FIVE, HAS AGREED THAT THIS IS A NEED IN THAT COMMUNITY.
WE HAVE A PROGRAM AT THE FRANK GARY CENTER, WHICH IS CALLED NEXT LEVEL, WHERE WE TAKE KIDS FROM 16 YEARS OLD TO 24 YEAR OLD AND GET THEM GEDS FREE OF CHARGE.
WE PARTNER WITH SAM, UH, WITH, UH, GOODWILL AS WELL.
UH, I PARTNER WITH CHASE BANK.
THEY WRITE A CHECK EVERY FOUR MONTHS FOR $150,000 THAT IF A KID GETS HIS GED, THEY MOVE RIGHT INTO JOB TRAINING.
AND THIS IS WHERE THE BIGGEST PROBLEM IN SAN ANTONIO IS, IS THE 18.
'CAUSE THEY TIME OUT A FOSTER CARE AND THEN THEY'RE ON THE STREET WITH NOWHERE TO LIVE.
SO, PARTNERING WITH SAMS, MR. REX, WE HAVE MET NUMEROUS TIMES AND ONCE AGAIN, I DON'T KNOW WHO CONTACTED, UH, UH, THE GENTLEMAN UP THERE, THE PROSPECT HERE, BECAUSE THEY HAVE NOTHING TO DO WITH THIS PROCESS, UH, BECAUSE IT'S TWO DIFFERENT DISTRICTS.
SO, UM, EVERYBODY IN DISTRICT ONE, THE
[02:00:01]
NEIGHBORHOOD ASSOCIATION, 'CAUSE I REPRESENT ONE OF THE CO-CHAIRS, WE HAVE FOUR AND WE ARE ALL IN AGREEANCE.AND, UH, I THINK THIS IS THE BEST PROGRAM SINCE SLICED BREAD BECAUSE MR. MATRIX IS USING HIS OWN MONEY.
WE HAVE NOT SOLICITED ANYBODY TO GIVE HIM A NICKEL.
AND I THINK IF I ASK RIGHT NOW, IF ANY ONE OF Y'ALL WOULD DONATE A THOUSAND DOLLARS OR MORE, I DON'T THINK YOU WOULD EVEN DO THAT BECAUSE THE MAN IS SPENDING HIS OWN MONEY.
UH, GIVE YOU A LITTLE BACKGROUND ON MYSELF.
I GOT HURT IN AFGHANISTAN AND ONE OF THE BIGGEST PROBLEMS I HAD DURING THIS PROCESS OF COMING BACK TRYING TO GET INTO, INTO THE COMMUNITY, THIS IS WHAT I CHOSE TO DO, IS COME OUT AND HELP, UH, DO A GREAT JOB OF TRYING TO MARRYING UP FOLKS TO DO SOMETHING IN THEIR COMMUNITY.
BECAUSE EVERY COMMUNITY SHOULD BE A SAFE HAVEN.
WE HAVE HAD 21 FOLK OD IN THE LAST THREE WEEKS ON FENTANYL WITHIN THAT ZIP CODE FROM COLLAB TO Z TO WARD STREET.
AND, UM, SO THE NEED IS THERE.
UM, I'M NOT GONNA BEG NOBODY TO DO ANYTHING, BUT I THINK IT'S THE RIGHT THING TO DO IS ELEVATE THE BUILDING OF THREE STORIES, UH, WITHOUT A DOUBT BECAUSE IT'S NOT GONNA OFFSET ANYTHING IN THAT COMMUNITY BECAUSE LITTLE FLOWER CATHEDRALS IS THREE STORIES HIGH AND IT'S TWO BLOCKS AWAY.
UM, ARE THERE ANY QUESTIONS, ADDITIONAL QUESTIONS FROM THE COMMISSION BEFORE WE MOVE ON TO A MOTION? HEARING NONE, UH, COMMISSIONER KAPLAN.
DO WE HAVE A VOICEMAIL ON THIS ONE? REGARDING CASE NUMBER BO OA DASH 23 DASH 1 0 3 0 0 2 6 0, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTS A REQUEST FOR A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORIES TO ALLOW A STRUCTURE WITH THREE STORIES SITUATED AT THREE 15 HENRY STREET.
APPLICANT BEING MARKED, I'M SORRY, I'M GONNA PRONOUNCE HER NAME, ZINSKY, BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
STAFF FINDS THE REQUESTS ARE NOT CONTRARY TO PUBLIC INTEREST AS A TOWERING STRUCTURE WILL NOT IMPOSE INTO THE INTEREST OF THE SINGLE FAMILY.
RESIDENTIAL USES TWO DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ALTERING THE BUILDING PLANS TO ABIDE BY THE 35 FEET OR TWO AND A HALF STORY HEIGHT REQUIREMENTS AND INCORPORATE THE MINIMUM REQUIRED PARKING.
THIS WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THERE IS LIMITED SPACING ON THE PROPERTY TO ABIDE BY THE REQUIREMENTS.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
STAFF FINDS THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE SUBJECT PROPERTY IS ZONED IDZ TWO, WHICH ALLOWS FOR FLEXIBLE BUILDING REQUIREMENTS.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITHIN THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
IF GRANTED, THE PROPOSED STRUCTURE WILL BE THREE STORIES, THE REQUESTED VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT OF WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE APPLICANT HAVING SUFFICIENT TIME FOR THE PROPOSED USE.
THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION.
SECOND BY COMMISSIONER BRAGMAN.
I I'LL BE IN FAVOR OF THIS VARIANCE.
UH, THERE IS TREMENDOUS NEED IN THE CITY FOR THIS KIND OF USE.
UM, I THINK, UH, THAT, UH, NOT ALLOWING A THIRD FLOOR WILL, UH, AS YOU SAID, WILL HURT, UH, 12 TO 18 TEENS.
AND, UH, WITH, UH, OVER 3,400 TEENS NEEDING THIS KIND OF SERVICE, EVERY UNIT IS VERY VALUABLE TO THE CITY.
UM, IT WILL ALLOW, UH, CHILDREN TO TRANSITION FROM FOSTER CARE AND TO GET THEM OFF THE STREETS AND HOPEFULLY TO GET THEM TO BECOME PRODUCTIVE MEMBERS OF SOCIETY.
SO I THINK THAT THE, THE GREATER GOOD OF THE COMMUNITY,
[02:05:01]
UH, IS BETTER THAN THE TWO AND A HALF STORIES THAT, UH, THE CITY CODE REQUIRES.COMMISSIONER BRAGMAN, UM, I AGREE WITH MY, UH, COLLEAGUE.
I'LL ALSO ADD THAT, UH, WEST END HOPE IS IN SUPPORT OF THE REQUEST AND THE CONCERN BY THE PROSPECT HILL NEIGHBORHOOD ASSOCIATION WAS, UM, I THINK, UM, ANSWERED WHEN THEY GET THE PARKING ISSUE.
UH, SO, AND I'M NOT SEEING ANY OPPOSITION FROM ANY OF THE IMMEDIATE NEIGHBORS WITHIN 200 FEET, SO I'LL BE IN SUPPORT.
ALRIGHT, ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE? LET'S HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BURTON, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
I CONCUR WITH THE FINANCES OF FACT.
COMMISSIONER MANA? I CONCUR WITH THE FINDINGS OF HACK COMMISSIONER BEZ.
COMMISSIONER ZUNA? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
IF YOU HAVE ANY QUESTIONS, YOU CAN TALK TO STAFF.
DASH TWO THREE DASH 0 3 2 8 0.
ADDRESS IS 4 31 CHARMAINE PLACE COUNCIL DISTRICT THREE APPLICANT IS JUAN PABLO VALEZ AND THE REQUEST IS FOR ONE A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT WITH A ONE INCH SIDE SETBACK.
TWO, A ONE FOOT THREE INCH SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A FOUR FOOT, THREE INCH SOLID FENCE IN THE FRONT YARD, WESTERN PROPERTY LINE ONLY.
AND THREE, A 10 INCH SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW A FIVE FOOT 10 INCH, PREDOMINANTLY OPEN FENCE IN THE FRONT YARD, FRONT PROPERTY LINE ONLY.
THE ZONING IS R SIX RESIDENTIAL SINGLE FAMILY.
THE SUBJECT PROPERTY IS LOCATED ALONG CHARMAINE PLACE ON THE SOUTH SIDE OF SAN ANTONIO.
THE APPLICANT CONSTRUCTED A CARPORT WITHOUT A PERMIT UPON STAFF INSPECTIONS.
IT WAS FOUND TO BE ENCROACHING INTO THE REQUIRED SITE SETBACK BY FOUR FEET 11 INCHES.
ADDITIONALLY, A NEW SOLID SCREEN FENCE AND PREDOMINANTLY OPEN FENCE WAS OBSERVED THAT WAS RECENTLY CONSTRUCTED.
THE SOLID SCREEN FENCE MEASUREMENT AT A HEIGHT OF FOUR FOOT THREE INCHES AND THE PRO PREDOMINANTLY OPEN FENCE MEASURED AT FIVE FEET 10 INCHES.
DATED PHOTOGRAPHY SHOWS PREVIOUS FRONT YARD FENCE WAS A FIVE FOOT PREDOMINANTLY OPEN FENCE.
THE FRONT YARD FENCE PROVIDES A REQUIRED F 15 FOOT DRIVEWAY.
CLEAR VISION, UH, THIS IS THE SITE PLAN AND SOME IMAGES OF THE SUBJECT PROPERTY AND SURROUNDING AREAS.
STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BOA DASH 23 DASH 0 3 2 8 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REDUCED SETBACKS WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE CARPORT WILL BE TOO CLOSE TO THE NEIGHBORING PROPERTY CAUSING POSSIBLE ISSUES WITH WATER RUNOFF.
STAFF RECOMMENDATION FOR FENCE HEIGHT, SPECIAL EXCEPTIONS.
STAFF RECOMMENDS APPROVAL IN BO OA 23 DASH 0 3 2 80 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE FENCES WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES.
AND TWO, THE REQUEST WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT.
THERE WERE MAILED 23 NOTICES, UM, ZERO IN FAVOR, ZERO IN OPPOSITION.
HARLANDALE MCCOLLUM NEIGHBORHOOD ASSOCIATION DID NOT RESPOND.
LET'S HAVE THE APPLICANT COME FORWARD.
[02:10:08]
UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE.HE'S THE OWNER OF THE HOUSE AND THE REASON WE DID THE CARPORT IS FOR HIS OF HELL.
WE HAD A 2023 CAR CAMRY HELD AND WE DIDN'T GET ENOUGH MONEY FOR THAT.
SO THE REASON WHY WE BUILT IT, WE HAVE PROBABLY ABOUT FOUR CARS THAT ARE NEW.
THEY'RE 2020 ONES, 2022 AND WE JUST GOT A 2024 TRUCK AND YOU KNOW, THE HELL INSURANCE DON'T REALLY COVER US.
SO THAT'S THE REASON WHY WE GOT A CARPORT.
AND THE CARPORT HAS IN THE HOUSE WE HAVE WATER TUNNELS.
SO THE CARPORT, WE MADE IT UNEVEN JUST FOR NOT TO GET IT TO THE NEIGHBORS.
SO EVEN THOUGH IF IT RAINS, THE WATER'S GONNA GET IN THE NEIGHBORS, YOU KNOW WHAT I MEAN? BUT THE REASON WE'RE JUST HERE TO STAND FOR Y'ALL.
Y SO YOU, YOU, YOU, YOU'RE SAYING THAT THERE'S A GUTTER, AN INTERNAL GUTTER TO GET? YES MA'AM.
AND WE LEFT IT UNEVEN FOR JUST THE WATER GO DOWN TOWARDS THE PROPERTY.
WE'RE OURSELVES BUILDING AND THE FENCE AS WELL.
IS THERE ANY QUESTIONS FROM THE COMMISSION? MANANA, COMMISSIONER MANANA QUESTIONS FOR CITY STAFF? UM, SO, SO WE HAVE A SOLID WALL ON THE CARPORT ITSELF.
DOES THAT STILL QUALIFY AS A CARPORT OR WHEN DOES IT CHANGE FROM BEING A CARPORT TO A DIFFERENT TYPE OF STRUCTURE? I BELIEVE AS LONG AS HE HAS TWO OPENINGS.
YEAH, IT ALMOST LOOKED LIKE IT COULD BE A, A GARAGE OR WAS THERE EVER A GARAGE? NO, IT WAS NEVER A GARAGE.
SO THAT, SO ON THE SIDE NEXT TO IT, IT LOOKS LIKE THAT WAS AN ADD-ON THAT ROOM THAT WAS NOT ORIGINALLY A GARAGE IN THE HOUSE.
I'M SORRY, YOU SAID WHAT AGAIN, MA'AM? WHAT'S THAT? OKAY.
YOU SEE WHERE THE COLOR CHANGES TO DARKER BROWN, UH, THE ROOM THAT'S RIGHT NEXT TO THE CARPORT THAT LOOKS LIKE THAT WAS ORIGINALLY A GARAGE OR WAS IT AH, NO, THERE WAS NEVER A GARAGE THERE THAT WAS ALREADY THERE.
IT'S JUST MY DAD ADDED THE ROCK IN THE SIDE IS THAT'S THE DIFFERENCE.
SO AS LONG AS IT'S NOT ENCLOSED IN THREE OR MORE SIDES, IT'S STILL CONSIDERED A CARPORT.
COMMISSIONER ZUNA, UH, QUICK QUESTION.
UH, THE NEIGHBOR THAT'S MOST AFFECTED THAT, THAT SIDE YARD, HAVE YOU TALKED WITH THEM AND THEY'RE AN APPROVAL? UH, NO SIR.
THEY USUALLY COMPLAIN ABOUT A LOT OF THINGS.
SO THERE'S NOT A COMMUNICATION WITH THEM OR NOTHING? YES, SIR.
UH, SIDE OF THIS CARPORT, IT'S CORRUGATED METAL.
IS THAT ANY ISSUE FOR US BECAUSE IT'S PART OF THE CARPORT? NO.
HOW WAS THIS CASE ORIGINATED? OH, CODE COMPLIANCE, UH, BECAUSE OF THE CARPORT, UM, WITHOUT A PERMIT AND THEN LATER ON FOUND OUT IT NEEDS A SETBACK VARIANCE AND LATER ON DURING SIDE VISITS ABOUT THE FENCE.
UH, I GUESS A QUESTION I HAVE ABOUT THE, YOU KNOW, THE CORRUGATED METAL SIDE THERE IS THAT, TO ME THIS LOOKS LIKE ESSENTIALLY THE FENCE EXTENDED UP 10 FOOT THAT HAPPENS TO MEET A CARPORT WALL.
AND SO, SO HOW DO WE DIFFERENTIATE A, YOU KNOW, IN THIS CASE, UM, A 10 FOOT FENCE OR TALLER VERSUS BASICALLY A CARPORT ON A ZERO, YOU KNOW, ON AGAINST THE LOT LINE.
UH, BE SINCE IT DOESN'T CONTINUE PAST THE CARPORT? UM, YOU KNOW, WE CAN MAKE THE ARGUMENT EITHER WAY.
I UNDERSTAND WHAT YOU'RE SAYING.
UM, BUT WE MADE THE DETERMINATION, SINCE IT DOESN'T CONTINUE PAST THE CARPORT, IT'S NOT, IT WOULDN'T BE NOT CONSIDERED A FENCE, IT WOULD JUST BE PART OF THE CARPORT.
SO, SO I GUESS FOLLOWING UP ON THAT QUESTION, IF I OPPOSED, WE'LL SAY, SAID WALL, UM, IF I VOTE FOR THE CARPORT, THE WALL CAN STAY.
UM, YOU KNOW, IS THAT WHAT I'M HEARING? YEAH, IT'S, SO QUESTION FOR LEGAL, CAN, CAN A MOTION BE MADE CONSTRUCTED, UH, REGARDING THE CARPORT TO WHERE IT'S ONLY THE TOP COVER AND NOT A WALL ONLY SUPPORT BEAMS? UH, I THINK THAT'S PUTTING TOO MANY CONDITIONS ON IT.
UM, YOU'RE KIND OF, YOU KNOW, DICTATING IF WHAT'S OTHERWISE ALLOWABLE.
I, I HAVE A THING ABOUT THE FOUR FOOT THREE SOLID FENCE THAT GOES OUT TO THE FRONT YARD.
UH, DID YOU CONSTRUCT THIS YOURSELF? YES MA'AM.
AND SO IT WOULDN'T BE THAT BIG OF A BURDEN FOR YOU TO TAKE IT DOWN TO THE CORRECT HEIGHT.
UH, WHAT WAS THE HEIGHT AGAIN? WE, WE HAVE THE BIT OF EVERYTHING AS WELL.
THE CORRECT HEIGHT IS, IT'S THREE FOOT SOLID, BUT IT CAN BE FIVE FOOT PREDOMINANTLY OPEN.
SO YOU CAN HAVE THREE FOOT SOLID AND THEN YOU CAN HAVE TWO FEET OF, OF THE, UH, THE PICKETS IF YOU WISH.
AND IF YOU NOTICE, YOU CAN CHECK IN THE PROPERTIES.
OTHER PROPERTIES HAVE BIGGER FENCES THAN US AND RIGHT NEXT TO US IS THERE ANOTHER HOUSE EXACTLY THE SAME? SO I DON'T KNOW WHY OUR, OUR HOUSE HAS A PROBLEM WITH THAT.
[02:15:02]
WHO, HOW, HOW DID THIS COME TO THE UH, CODE COMPLIANCE? TO TO CODE COMPLIANCE? YEAH, IT'S CODE COMPLIANCE.SO, UM, I'M NOT SURE IF SOMEBODY CALLED IT IN OR THEY, THEY WERE DOING A DRIVE OF THE AREA.
SO HERE'S, HERE'S, HERE'S WHAT I'M SENSING WITH THIS.
I MEAN, THE FENCING, WE CAN DELIBERATE TAKE A VOTE.
THE ISSUE WITH THE CARPORT IS, UM, IT DOESN'T LOOK LIKE YOU ARE, YOU'RE GARNERING SUPPORT OF ENOUGH COMMISSIONERS, UH, FOR THE CARPORT AS IT'S CONSTRUCTED.
UH, THERE'S BEEN SOME, UH, UM, COMMENTARY ABOUT THE LONG WALL THAT'S MADE OUT OF, OF, UH, CORRUGATED METAL THAT COULD BE AN, UH, A HURDLE FOR SOME COMMISSIONERS TO GET OVER.
AND SO THE QUESTION IS, IS THAT WHAT CAN BE DONE ABOUT IT? UH, IS THIS SOMETHING THAT, IS THERE A, IS THERE, CAN THEY, WELL THAT'S ALREADY BUILT, BUT CAN THEY AMEND THEIR PLAN SOMEHOW? IS THERE SOME WAY TO GET TO A POINT WHERE WE'RE JUST LOOKING AT A COVER AND NOT THE WALL? IS THERE ANY PATH? I'M JUST LOOKING FOR SOMETHING.
IS THAT SOMETHING THE APPLICANT CAN DO? IF THE APPLICANT WOULD, UH, CHOOSES TO AMEND THEIR APPLICANT TO REFLECT, UM, YOU KNOW, AS AN AS BUILT? OKAY, SO WHAT'S HAPPENING IS YOU ARE ALLOWED ON YOUR OWN RECOURSE.
SO AMEND YOUR APPLICATION TO, UH, AND THE ISSUE AT BAY IS, IS THAT YOU HAVE A COVERED CARPORT AND THEN YOU HAVE A FENCE THAT EXTENDS ALL THE WAY TO THE GROUND, APPROXIMATELY 10 FEET TALL IF THE, IF YOU ARE ALLOWED TO HAVE A FENCE ON THE SIDE OF YOUR HOME.
BUT A FENCE CANNOT BE CORRUGATED METAL.
AND SO BECAUSE YOU CONSTRUCTED THAT SIDEWALL AS PART OF YOUR CARPORT, IT'S NOT A FENCE.
AND THAT'S SOME MEMBERS OF THIS COMMISSION TO GET OVER, UM, MYSELF INCLUDED.
UH, AND SO YOU CAN AMEND YOUR APPLICATION TO NOT, AND NOT HAVE IT INCLUDE THE SIDEWALL PORTION AND INSTEAD, AND GET RID OF ALL THE CORRUGATED METAL AS A WAY TO APPEAL TO, TO A NUMBER OF COMMISSIONERS THAT MIGHT BE AGAINST IT.
UH, OR YOU CAN TAKE YOUR CHANCES AND YOU NEED NINE VOTES FOR THIS THING TO PASS.
UH, WHAT WOULD YOU LIKE TO DO? I WOULD TAKE THE BOATS INSTEAD.
DENY IF WE DENY IT, YOU, THAT'S IT.
IF IT'S DENIED, THEN YOU LOSE THE ENTIRE CARPORT.
'CAUSE YOU'D HAVE TO, UM, ABIDE BY THE FIVE FOOT SIDE SETBACK.
SO IT'S NOT JUST MEETING THE GARAGE.
YOU'D, YOU'D, YOU'D YEAH, WE HAVE 10 VOTING MEMBERS.
THERE'S PROBABLY, THERE'S PROBABLY ABOUT LIKE FOUR DIFFERENT HOUSES AROUND THE BLOCK'S WITH DIFFERENT, THAT'S NOT A, THAT'S NOT OUR CONCERN THOUGH.
POWER PORTS AND EVERYTHING, SO.
WELL, IT'S, I DON'T KNOW WHY THERE'S A PROBLEM THAT MANANA COMMISSIONER MANAM.
UM, IS THERE ANYBODY ELSE HERE TO SPEAK? SO, OKAY, WE HAVE SOMEONE SIGN UP TO SPEAK.
SO WE'RE GONNA LISTEN TO, UM, SOME, UH, CITIZEN TIME TO SPEAK.
LET'S HAVE, UH, THE CITIZEN COME UP.
HI, MY NAME IS GUILLERMO GUZMAN AND I AM A SEVENTH GENERATION TEXANS.
MY ANCESTOR FOUGHT AND DIED AT THE ALAMO.
AND I AM AGAINST THIS WALL BECAUSE IT IS IN THE SUMMER.
AND THIS SUMMER WAS BRUTALLY HOT, AS WE ALL KNOW.
IT WAS ONE OF THE HOTTEST SUMMER, IF NOT THE HOTTEST.
AND THE HOUSE IS, MY HOUSE SITS ON THE WEST SIDE OF THIS HOUSE WHERE THAT CAR IS, WHERE THAT CAR IS.
THAT GRAY CAR, MY HOME, THAT'S MY HOME.
AND THE HEAT REFLECTS THAT WALL.
AND THEN MY HOUSE BRUTALLY HOT.
MY AIR CONDITIONING COULDN'T KEEP UP WITH THE HEAT.
I HAD TO TURN ON A SECOND BIGGER AIR CONDITION.
SO MY ELECTRIC BILL WAS EVEN HIGHER THAN USUAL.
I'M AT HOME MOST OF THE, MOST OF THE TIME, MOST OF THE TIME.
COMING OVER HERE WAS A TREAT FOR ME 'CAUSE I GOT TO GET OUT OF THE HOUSE.
YOU KNOW, IT'S JUST, I'M, I'M ALWAYS AT HOME MOST OF THE TIME.
AND ON THE WEEKENDS SOMETIMES I, I'LL BE ABLE TO GET OUT AND DO SOME THINGS, BUT IT'S, IT IS HOT.
IT'S HOT IN THE HOUSE IN THE SUMMER AND IT IS THAT, AND THAT WALL MAKES IT EVEN HOTTER.
AND THEN IT HASN'T RAINED LATELY, BUT WHEN IT RINGS HARD, I'LL GUARANTEE YOU SOME OF THAT WATER'S GONNA FALL ONTO MY PROPERTY AND MESS UP MY FOUNDATION.
[02:20:01]
I ATTENDED ST.MY, MY CERTIFICATE WAS IN MODERN HOME BUILDING, SO I KNOW A THING OR TWO ABOUT A THING OR TWO ABOUT CONSTRUCTION.
WELL, YEAH, AND YOU CAN SEE I'M DISABLED AND I'M, I'M AT HOME AND I'M ALSO HAVE A LOT OF, UH, MEDICAL EQUIPMENT THAT I NEED TO USE TO GET AROUND THE HOUSE AND STUFF.
AND, AND THAT'S, AND TO GET TO MY BACKYARD AND EVERYTHING.
SO IT'S, IT'S, IT'S, IT, IT'S REAL HOT.
AND, AND THAT'S WHY I COMPLAIN.
'CAUSE YOU KNOW, MY ELECTRIC BILL, I'M ON A FIXED INCOME.
MY ELECTRIC BILL WAS BETWEEN FOUR, BETWEEN THREE AND $400 A MONTH THIS PAST SUMMER.
MANNA COMMISSIONER MANNA, UH, THIS IS FOR, UH, THE PERSON CURRENTLY SPEAKING.
SO, SO THE QUESTION I HAVE, YOU KNOW, WE, WE'VE HAD DIALOGUE WITH REGARDS TO THE SIDE OF THE SIDE OF THAT CARPORT THERE.
AND, AND BY PERMIT OR YEAH, BY PERMIT.
THEY COULD HAVE A SIX FOOT, UH, WOODEN FENCE THERE OR PREDOMINANTLY CLOSED FENCE THERE.
AND SO, BUT THAT WOULD LEAVE THE TOP OPEN.
FROM YOUR PERSPECTIVE, WOULD, WOULD THAT ALLEVIATE SOME OF THE CONCERNS THAT YOU HAD? IF IT WAS INDEED A SIX FOOT PRIVACY FENCE AND THEN LEAVING THE TOP OPEN TO ALLOW FOR THE, IF IT WAS A WOODEN FENCE, IT WOULDN'T REFLECT THE, THE HEAT SO MUCH, YOU KNOW, ONTO MY HOUSE.
ALRIGHT, SO LET'S HAVE THE APPLICANT COME BACK UP.
WE HAVE OPTIONS AND ANOTHER, CAN I SAY ONE MORE THING? OF COURSE YOU CAN GO AHEAD.
UM, HIS FENCE IS ACTUALLY FOUR INCHES ON MY PROPERTY, BUT I CAN'T AFFORD A SURVEYOR 'CAUSE I'M ON A FIXED INCOME.
I LOOKED INTO IT, GOT AN ESTIMATE AND I, YOU KNOW, I COULDN'T AFFORD ONE.
SO TO SURVEY THE PROPERTY TO MAKE SURE THAT, AND I KNOW FOR SURE HE'S FOUR INCHES PAST THE PROPERTY WHEN HE BUILT THAT FENCE.
'CAUSE BEFORE IT WAS A, IT WAS JUST A CHAIN LINK FENCE.
YEAH, WE'VE BEEN LIVING THERE FOR OVER 30 YEARS AT THAT PROPERTY.
SO THE APPLICANT COME BACK UP.
SO YOU'VE HEARD OUR QUESTIONS AND CONCERNS AND YOU'VE HEARD CONCERNS OF, OF CITIZENS HAVING TO SPEAK.
UM, I'M GONNA PUT IT OUT THERE ONE MORE TIME IF YOU WANT TO, UM, AMEND YOUR APPLICATION IF YOU WISH.
IF NOT, WE CAN JUST MOVE FORWARD AS IS.
AND WHAT DO YOU MEAN BY AMEND? WHAT DO YOU MEAN? JUST TO GET MORE INFORMATION.
UH, IF YOU, UH, STATE THAT YOU'RE AMENDING YOUR REQUEST TO, UH, FOR YOUR CARPORT TO NOT INCLUDE A SIDEWALL COMPONENT, YOU COULD STILL HAVE A SIX FOOT FENCE.
IT'D HAVE TO BE MADE OUT OF WOOD.
BUT IF YOU REMOVE THE SIDEWALL COMPONENT OF THE CARPORT, UH, THEN, THEN YOU COULD JUST HAVE POSTS THAT WOULD HOLD IT UP, UH, AND, AND THEN, THEN WE COULD VOTE ON THAT.
WAS THERE, IS THERE A WAY FOR US TO COVER IT UP ALL THE WAY WITH WOOD JUST SO WE CAN HAVE IT PROTECTED? BECAUSE THAT'S ME.
NO, WE DID IT BECAUSE OF THE HELL.
WE'RE NOT DOING IT 'CAUSE NO OTHER REASON.
AND PEOPLE JUMP OVER THE, OUR FENCES.
IF THAT'S HOW YOU WANT TO AMEND YOUR APPLICATION, YOU CERTAINLY CAN.
UH, WHETHER THAT WILL GARNER SUPPORT BY NINE OUT OF THE 10 COMMISSIONERS SITTING UP HERE.
REMEMBER YOU NEED NINE OF US TO VOTE FOR THIS.
SO, UM, I'LL LEAVE IT UP TO YOU, WHATEVER YOU WOULD LIKE TO AMEND IT TO OR NOT AT ALL, THEN WE'LL FIX IT THEN IF, OKAY.
SO WHAT ARE YOU AMENDING YOUR APPLICATION TO? UH, TO FIX FENCE, TO REMOVE THE SIDEWALL OF THE CARPORT, THE SENTENCING
IT'S, WE'LL DO THAT AN EXTENSION THEN FOR OUR TO, FOR OUR REPORT.
SO HE'S AMENDING HIS APPLICATION TO REMOVE THE SIDEWALL COMPONENT OF THE CARPORT, CORRECT? YES, SIR.
'CAUSE IF HE REMOVE THE SIDEWALL, IT'S NOT A WALL ANYMORE, HE'D HAVE TO USE SUPPORT BEAMS AND IF HE BUILDS ANY SORT OF A FENCE, IT CAN, HAS TO COMPLY WITH THE FENCING CODE.
IT CAN'T BE HIGHER THAN SIX FEET.
HAS TO EITHER BE WOOD OR, OR IT COULD BE, UM, CORRUGATED METAL.
OR IT COULD BE, UH, I SHOULDN'T SAY WROUGHT IRON OR OTHER ACCEPTABLE MATERIAL, BUT HE CANNOT HAVE CORRUGATED METAL WALL UP TO THE TOP.
SO, AND JUST REAL QUICK, OUR CEILINGS IS METAL AS WELL, SO IT'S GONNA REFLECT NO MATTER WHAT.
SO WELL THAT'S THE CONSTRUCTION OF THE ACTUAL PHYSICAL COVER OF THE CARPORT.
THAT'S A STRUCTURAL THING THAT'S NOT A FENCE.
WELL HE MADE, HE, HE AMENDED IT HIMSELF.
SO YOU AMENDED IT TO, YOU'RE GONNA PUT A SIX FOOT FENCE.
HE'S JUST FOR, HE CAN KEEP THE, THE FENCE IS YEAH, HE CAN PUT A SIX FOOT FENCE WITH OR WITHOUT US.
YEAH, HE'S JUST REMOVING THE SIDEWALK COMPONENT OF HIS PROPOSED CAR, OF HIS CARDBOARD.
SO I HAVE NO PROBLEMS. YES, MA'AM.
ALRIGHT, LET'S HAVE A MO LOOKING FOR A MOTION.
OKAY, SO REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 2 8 0,
[02:25:02]
I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A ONE A FOUR FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT, UH, WITH A ONE INCH SIDE SETBACK AMENDED, UH, PER THE APPLICANT WITH REGARDS TO THE SIDINGS.UM, TWO, A UH, ONE FOOT, THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A FOUR FOOT, THREE FOOT, PREDOMINANTLY OPEN FENCE IN THE FRONT YARD, WESTERN PROPERTY LINE ONLY.
UM, AND THREE, A 10 FOOT, UH, SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW A FIVE FOOT 10 INCH PREDOMINANTLY OPEN FENCE IN THE FRONT YARD, FRONT PROPERTY LINE ONLY SITUATED AT 4 3 1 CHARMAINE PLACE.
APPLICANT BEING JUAN VALDEZ BECAUSE OF TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED, SHOW THAT THE A, UH, SHOW THE, UH, THAT THE PHYSICAL CHARACTER PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS SUBMITTED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT JUAN, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
UH, IN THIS CASE, A PUBLIC INTEREST REPRESENTED BY SETBACK REQUIREMENTS TO PREVENT WATER RUNOFF AND ADEQUATE SPACING BETWEEN PROPERTIES.
THE REQUESTED VARIANCE DOES NOT SEEM TO BE CONTRARY TO THE PUBLIC'S INTEREST.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ADJUSTING THE LOCATION OF THEIR STRUCTURE TO MEET REQUIRED SETBACKS, WHICH THEY CANNOT MEET DUE TO THE SIZE OF THE LOT.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE GRANTING THE SIDE SETBACK VARIANCE WILL NOT OBSERVE THE SPIRIT OF THE ORDINANCE AS THE SIZE OF THE LOT IS TOO SMALL TO ACCOMMODATE THE REQUIRED SETBACK.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION VIEWS OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
IF THE SIDE SETBACK VARIANCE IS GRANTED, THE CARPORT WILL BE ONE INCH FROM THE NEIGHBORING PROPERTY, WHICH IS AN APPROPRIATE DISTANCE THAT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
SIX, APPLY THE PROPERTY OWNER, THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND EACH CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT, WHICH HIS PROPERTY IS LOCATED.
AND A MOTION SECOND BY COMMISSIONER KAPLAN.
UH, I'D LIKE TO OFFER A FRIENDLY AMENDMENT.
YOU HAD STATED THE FOUR FOOT THREE FENCE WAS PREDOMINANTLY OPEN, BUT HE'S ASKING FOR A SOLID, HE CAN ALREADY DO A FIVE FOOT, PREDOMINANTLY OPEN.
IT'S NOT A, IT WOULDN'T BE A VARIANCE IF IF, UM, ACTUALLY I KIND OF LIKED IT.
UH, PRIMARILY OPEN, BUT, UM, WELL, HE, THE VARIANCE IS FOUR, FOUR FOOT, THREE FOOT FENCE.
BUT IF YOU, IF YOU SAY PREDOMINANTLY OPEN, IT DOESN'T NEED TO BE A VARIANCE.
'CAUSE YOU CAN ALREADY DO A FIVE FOOT PREDOMINANTLY OPEN.
SO THEN MAYBE I'LL STRIKE THAT PARTICULAR LINE THEN.
SO, SO I JUST WANTED TO CLARIFY.
I WAS LOOKING FOR PREDOMINANTLY OPEN ALONG THE FRONT.
'CAUSE I, AS I DRIVE DOWN THAT STREET, THAT'S WHAT I SEE PRETTY MUCH DOWN THE ENTIRE STREET IS PREDOMINANTLY OPEN CHAIN LINK FENCE.
AND SO THIS IS KIND OF, YEAH, NO, I'M TALKING ABOUT THE SIDE THOUGH.
I KNOW EXACTLY WHAT I'M SAYING.
OKAY, SO DOWN THE FRONT, DOWN THE, AS I DRIVE DOWN THE STREET, THAT'S WHAT I SEE IS PREDOMINANTLY OPEN CHAIN LINK FENCE UP AND DOWN THAT STREET.
OKAY, SO WE, WE WILL STRIKE, YOU'RE STRIKING THE PREDO, THE VARIANCE FOR THE FOUR FOOT, THREE FOOT, FOUR FOOT, THREE INCH PREDOMINANTLY OPEN STATEMENT.
OKAY, WELL, SO DO YOU ACCEPT THAT ME, I MEAN, YOU DON'T HAVE, I, THE THING IS THAT IF, IF WE APPROVE IT THE WAY IT'S READ, IT'S NOT A VARIANCE.
I I, YEAH, I COMMISSIONER, CAN YOU USE YOUR MICROPHONE PLEASE? I WOULD LIKE TO STRIKE IT.
SO THAT'S, THAT PROVISION IS STRUCK, UH, FROM THE, UH, MOTION AND, UM, COMMISSIONER MANNA.
SO, UM, SO YEAH, SO I GUESS, UM, I'M GLAD THAT THE APPLICANT AMENDED THE APPLICATION 'CAUSE I WAS REALLY STRUGGLING WITH THE LINE OF THAT SIDING THERE.
AND THEN ALSO GIVEN THAT THE, UH, INPUT PROVIDED THE BY THE NEIGHBOR THEMSELVES.
SO, SO THAT WAS NOT GOING TO WORK FOR ME.
AND SO, SO I THINK, UH, GOING DOWN THIS PATH, YOU KNOW, IT DOES OPEN UP FOR, UM, FOR ONE SIGHT LINES, TWO FOR VIEWS, AND THREE, UH, KIND OF KEEPS THAT NEIGHBOR, YOU KNOW, STILL COMFORTABLE AND PROTECTS THE VEHICLE, UM, AS WE'VE KIND OF TALKED ABOUT IN LOTS OF OTHER CASES BEFORE.
SO, SO AS ADMITTED, I WILL BE, UM, APPROVING THIS.
ALL RIGHT, COMMISSIONER GALIN? YEAH, AND FOR THE SAME REASONS I AGREE TOO, UH, THE NEIGHBOR SHOULD BE, UH, A LITTLE HAPPIER NOT HAVING THE REFLECTION OF THE CORRUGATED METAL, UM, GOING INTO THEIR HOUSE.
AND I ALSO SEE NO NEED TO HAVE A FIVE FOOT HIGH FENCE COMING OUT TO THE FRONT YARD.
UM, THE FRONT YARD FENCE IS VERY NICE.
YOU'VE DONE VERY, VERY NICE CONSTRUCTION, UM, FOR THE APPLICANT.
[02:30:01]
I THINK, UH, THE SIDE STUFF HAS BEEN A LITTLE EXCESSIVE.IS THERE ANYONE ELSE LIKE TO ADD HEARING NONE HAVE ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER KAPLAN, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BURTON, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
COMMISSIONER DEAN, I DO NOT CONCUR.
COMMISSIONER ZUNIGA, I CONCUR.
COMMISSIONER BEAVIS, I CONCUR.
COMMISSIONER BRAGMAN, I CONCUR THE FINDINGS OF FACT.
CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT.
MOTION PASSES 10 TO ONE, UH, FOR THE APPLICANT.
WHAT WAS, WHAT WAS APPROVED, UH, WAS YOU CAN HAVE A COVERED CARPORT, BUT YOU CAN'T HAVE A SIDEWALL AS YOU AMENDED.
AND THEN ALSO THE FENCE THAT'S ON THE SIDE CANNOT EXCEED MORE THAN THREE FEET TALL, SOLID, UH, IT CAN BE.
AND THEN BEYOND THAT IT CAN BE FIVE FEET PREDOMINANTLY OPEN.
SO IF YOU HAVE ANY QUESTIONS, YOU CAN, UH, TALK TO STAFF.
SO, YOU KNOW, JUST REITERATING, I'M, I'M SORRY, I APOLOGIZE.
GOING BACK TO THE POINT, SO IF SO, COULD IT NOT, IT COULD BE THAT THE WHOLE SIDE FENCE IS PREDOMINANTLY OPEN.
SO SOLID THREE FOOT CAN BE PERMITTED, BUT IT COULD BE OPEN AS WELL.
YEAH, THEY COULD DO THREE FOOT AND THEN TWO FOOT OF RUN IRON IF, OR FIVE FOOT OPEN OR FIVE FOOT PREDOMINANTLY.
ITEM NUMBER SIX, IT'S BO OA DASH 23 DASH 0 3 0 0 2 88.
ADDRESS IS 2 2 1 IOWAS STREET IN CITY COUNCIL DISTRICT TWO, THE APPLICANT IS SLAY ENGINEERING CO.
AND THE REQUEST IS FOR A 12 FOOT VARI FROM THE REQUIRED 20 FOOT GARAGE SETBACK TO ALLOW GARAGE TO BE EIGHT FEET FROM THE FRONT PROPERTY LINE.
AND TWO, A 22 FOOT VARIANCE FROM THE MINIMUM 30 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE EIGHT FEET FROM THE FRONT PROPERTY LINE.
AND THE CURRENT ZONING IS I ONE INDUSTRIAL DISTRICT.
THE SUBJECT PROPERTY IS LOCATED ALONG IOWA STREET, SOUTH OF EAST CAESAR CHAVEZ BOULEVARD.
PRIOR TO CONSTRUCTION, THE APPLICANT IS SEEKING TWO VARIANCES TO BUILD A STRUCTURE TO STORE VEHICLES.
THE PROPERTY ZONE I ONE, UM, INDUSTRIAL DISTRICT, WHICH REQUIRES A MINIMUM 30 FOOT FRONT SETBACK, AND THE APPLICANT IS PROPOSING IT TO BE EIGHT FEET.
UM, DUE TO THE STRUCTURE BEING USED AS A GARAGE, IT IS ALSO MANDATORY THAT THE STRUCTURE BE A MINIMUM OF 20 FEET FROM THE, UH, FRONT PROPERTY LINE TO PREVENT VEHICLES FROM PARKING WITHIN THE RIGHT OF WAY.
UM, THE STRUCTURE IS, AGAIN, THE STRUCTURE IS ANTICIPATED ON BEING EIGHT FEET FROM THE FRONT PROPERTY LINE.
AND, UM, THIS IS THE SITE PLAN WITH BOTH VARIANCES AND THIS IS THE SUBJECT PROPERTY AND THE LOCATION OF WHERE THE GARAGE IS GOING TO BE, WHERE THE STRUCTURE'S GONNA BE, AND THE SURROUNDING AREAS.
STAFF RECOMMENDATION FOR THE, UM, FRONT AND GARAGE, UH, SETBACK VARIANCES STAFF RECOMMENDS AN APPROVAL IN BO OA DASH 23 DASH 1 0 3 0 0 2 88 BASED ON THE FOLLOWING.
ONE, THE STRUCTURE DOES NOT APPEAR TO IMPOSE ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBORS AS THERE IS ENOUGH SPACING BETWEEN THE ABIDING PROPERTIES AND STRUCTURES AND TWO, ABIDING BY THE FRONT AND GARAGE SETBACK REQUIREMENTS WOULD RESULT IN LESS, UM, BUILDABLE AREA AND A SQUARE FOOTAGE FOOTAGE REDUCTION FOR THE STRUCTURE.
AND THIS IS THE NOTIFICATION PLAN.
STAFF MAILED OUT 25 NOTICES, UM, ZERO RETURNED IN FAVOR, ZERO IN OPPOSITION.
WE HAD NO RESPONSE FROM THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION AND NO RESPONSE FROM THE DOWNTOWN NEIGHBORHOOD ASSOCIATION, WHICH IS OUTSIDE THE 200 FEET.
AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
LET'S HAVE THE APPLICANT COME UP.
HELLO, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
GOOD MORNING OR GOOD AFTERNOON.
I'M WITH SLAY ENGINEERING AND WE'RE REPRESENTING A DESIGN PROJECT THAT BEXAR COUNTY HAS REQUESTED US TO TAKE ON.
THE PROJECT IS FOR A, UH, MOBILE RECORDS VEHICLE THAT THEY ARE IN THE PROCESS OF PURCHASING.
UH, IT'S BASICALLY FOR THE COUNTY CLERK IN ORDER TO GO OUT TO OUTSIDE, SO TO MAKE IT EASIER FOR, FOR PEOPLE TO BE ABLE TO GET THEIR RECORDS SO THAT THE MOBILE RECORDS SERVICES PROVIDES, UH, MILITARY DISCHARGE, UH, PAPERS, UH, BUSINESS NAMES AND CHANGES, ORIGINAL REAL ESTATE, PROPERTY MARRIAGE LICENSES.
UH, AND YOU CAN OBTAIN CERTIFIED COPIES OF OF DOCUMENTS.
AND, UH, BEXAR COUNTY CLERK'S, GIS MAPS AND SPANISH ARCHIVES.
[02:35:01]
UH, THE, THE CURRENT VEHICLE THEY HAVE IS A, ABOUT THE SIZE OF A VAN THAT IS CURRENTLY PARKED, UH, IN A LOADING DOCK AREA.THIS, THIS IS ABOUT A 12 TON VEHICLE.
IT'S ABOUT THE SIZE OF A, A HUGE, UH, COMMAND VEHICLE YOU MIGHT SAY.
AND, UH, THEY'RE TRYING TO PROTECT IT.
THE PURPOSE, THIS IS NOT A GARAGE, IT'S MERELY FOR STORAGE OF THIS VEHICLE ACROSS THE STREET FROM THE COUNTY CLERK'S OFFICES.
AND SO THIS, YOU DON'T, THERE'S NO ANTICIPATION FOR IT TO BE COMING AND GOING REGULARLY.
NO LONG-TERM STORAGE KIND OF THING.
IT'S JUST STORAGE FOR IT OVERNIGHT, STORAGE OVERNIGHT WHEN THEY TAKE IT OUT.
UH, IS THERE ANY QUESTIONS FOR THE APPLICANT FROM THE COMMISSION? ALL HEARING NONE.
UH, IF THERE'S, YES, COMMISSIONER ZUNA, I'M JUST ASKING FOR ANY PUBLIC, UH, COMMENT.
IS THERE ANY PUBLIC COMMENT? NO.
MANNA COMMISSIONER ZUNA? YEAH.
REGARDING CASE NUMBER BO OH EIGHT DASH 23 DASH 0 3 0 0 2 8 8, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR ONE, A 12 FOOT VARIANCE FROM THE REQUIRED 20 FOOT GARAGE STEPBACK REQUIREMENT TO ALLOW A GARAGE TO BE EIGHT FEET FROM THE FRONT PROPERTY LINE AND TWO, A 22 FOOT VARIANCE FROM THE MINIMUM 30 FOOT FRONT STEPBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE EIGHT FEET FROM THE FRONT PROPERTY LINE SITUATED AT 2 21 IOWA STREET, APPLICANT BEING SLIGHT ENGINEERING COMPANY, INC.
BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST.
AND THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY A MINIMUM FRONT SETBACK REQUIREMENT FOR THE STRUCTURES AND GARAGES.
THE APPLICANT IS REQUESTING A VARIANCE FROM THE MINIMUM FRONT SETBACK REQUIREMENT OF 30 FEET TO ALLOW A STRUCTURE TO BE EIGHT FEET FROM THE FRONT PROPERTY LINE AND 12 FOOT VARIANCE FROM A MINIMUM 20 FOOT TO ALLOW A GARAGE SETBACK OF EIGHT FEET.
THE STRUCTURES NOT APPEAR TO IMPOSE ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBORS AS THERE IS ENOUGH SPACING.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE SPECIAL CONDITION FOUND IS THE IRREGULAR LOT SHAPE.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP AS ABIDING BY THE FRONT AND GARAGE.
SETBACK REQUIREMENTS WOULD RESULT IN LESS BUILDABLE AREA AND A SQUARE FOOTAGE REDUCTION FOR THE STRUCTURE.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE STRUCTURE WILL BE, THE STRUCTURE WILL BE OBSERVING THE SPIRIT OF THE ORDINANCE AS IT WILL BE ABIDING BY ALL OF THEIR SETBACK REQUIREMENTS.
AND THE USE IS PERMITTED BY RIGHT WITHIN THE BASE ZONING.
THE VARIANCE WILL NOT AUTHORIZE THE, UH, OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITHIN THIS VARIANCE.
SUCH VARIANCES 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.
THE GRANTING OF THIS VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED UPON SITE VISITS.
STAFF OBSERVED OTHER STRUCTURES IN THE IMMEDIATE VICINITY WITHIN THE SETBACK AREA.
THIS REQUEST IS NOT OUTTA CHARACTER DUE TO THIS CIRCUMSTANCE.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SALT 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.
AND THE DISTRICT COURT, THE PROPERTY IS LOCATED, STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SALT, IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE IRREGULAR LOT SHAPE.
THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL.
SECOND BY COMMISSIONER BRAGMAN.
UM, SO I AM GONNA BE SUPPORTING, UH, THE VARIANCE AND UH, AS ALSO SUPPORTED BY THE CITY WITH THE RECOMMENDATION FOR APPROVAL, UH, THE REQUEST, IT DOES NOT APPEAR TO AFFECT ANY OF THE NEIGHBORING PROPERTIES.
WE SAW NO OPPOSITION AND IT PROVIDES, UH, UH, PROTECTION OF THE ASSET FOR THE COUNTY.
SO I'M SUPPORTING COMMISSIONER BECKMAN.
HAS ANY COMMISSIONERS, UH, LIKE TO ADD HEARING? NONE.
I CONCUR WITH THE FINDINGS OF FACTS.
COMMISSIONER BURTON? I CONCUR.
COMMISSIONER KAPLAN? I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER MANA? I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
ALRIGHT, NEXT IS ITEM NUMBER SEVEN.
I'LL BE RECUSING AND TURNING THE GAVEL OVER TO COMMISSIONER ZUNA.
[02:40:05]
ITEM NUMBER SEVEN IS BO OA DASH TWO THREE DASH 0 3 0 2 9 0.THE ADDRESSES ARE 9 0 9 AND 9 1 5 SOUTH PINE STREET IN CITY COUNCIL DISTRICT TWO.
UM, THE APPLICANT IS ADA CONSULTING GROUP AND THE REQUEST IS FOR A VARIANCE TO ALLOW TWO SEPARATE STRUCTURES ON AN RM FOR A LOT THAT IS LESS THAN ONE 30 OF AN ACRE.
AND THE CURRENT ZONING IS RMM FOUR.
UH, THE SUBJECT PROPERTY IS LOCATED ALONG SOUTH PINE STREET, SOUTH OF INDIANA STREET.
THE VACANT PROPERTY IS CURRENTLY PLOTTED AS TWO SEPARATE LOTS WITH THE APPLICANT REQUESTING A VARIANCE FROM THE RM FOUR STANDARDS.
IF LOTS ARE PLOTTED INTO ONE LOT, THEY WOULD STILL BE SHORT OF THE, UH, ONE THIRD OF AN ACRE REQUIREMENT.
MULTI-UNIT CONSTRUCTION ON LOTS, ONE THIRD OF AN ACRE IN SIZE OR SMALLER SHALL BE CONTAINED WITHIN A SINGLE STRUCTURE.
EACH LOT WILL HAVE TWO SEPARATE UNITS, AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY AND THESE FOUNDING AREAS.
STAFF RECOMMENDATION FOR THE RMM FOUR UNDER ONE THREE OF AN ACRE VARIANCE STAFF RECOMMENDS A DENIAL AND BO OA DASH TWO THREE DASH 0 3 0 0 2 9 0 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, MAINTAINING THE DENSITY OF UNITS TO BE CONTAINED WITH THE DISTINGUISHED STRUCTURE CAN PREVENT OVERCROWDING ON SMART LOTS.
AND TWO, THE REQUEST WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT STAFF MAILED OUT 47 NOTICES.
ZERO RETURN IN FAVOR, ZERO IN OPPOSITION.
AND DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN SUPPORT OF THE, AND THIS IS THE RESPONSE FROM DENVER HEIGHTS EXPRESSING THEIR SUPPORT TO THE REQUEST.
AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF CRUZ.
OKAY, UH, ON 9 0 9 AND NINE 15.
ON 9 0 9 IS RMM FOUR CD ZONING, CORRECT? YES SIR.
AND UH, WHERE'S THE COMMERCIAL ONE? UH, RM FOUR.
YEAH, SO, SO BOTH R ZONE RM FOUR, BUT ONE HAS A CONDITIONAL ZONING OVERLAY FOR A NON-COMMERCIAL PARKING LOT.
UM, BUT IT'S NOT GOING TO BE USED AS A NON-COMMERCIAL PARKING LOT.
IT'S GONNA BE USED FOR THE TWO UNITS.
OKAY, SO IF IT'S GONNA HAVE TWO UNITS, SO THERE'S ENOUGH ROOM FOR PARKING WITHOUT ANY, UH, CONFLICT.
THE, UH, APPLICANT HAS INDICATED THAT THEY'RE WORKING WITH THE TRAFFIC DEPARTMENT, UM, TO WORK WITH THE, UH, PARKING.
UM, BUT THEY TOLD US THEY'RE DOING AN ADMINISTRATIVE VARIANCE WITH THE TRAFFIC DEPARTMENT.
AND, AND IT'S GOT A GARAGE ALSO, RIGHT? EACH UNIT? EACH UNIT THEY HAVE GARAGES IN INWARD FACING.
SO IT WOULDN'T BE SUBJECT TO THE 20 FOOT, UH, SETBACK BECAUSE IT'S NOT FACING A PRIMARY PRI PRIMARY STREET.
AND THERE'S NO, THEY DON'T NEED A VARIANCE FOR THE REAR, IS IT? CORRECT.
AM I RIGHT? THEY'RE ONLY DOING A VARIANCE FOR THE TWO SEPARATE STRUCTURES ON THE RN.
FOUR LESS THAN ONE THIRD OF AN ACRE.
WELL I DO WANNA MAKE SURE EVERYTHING ELSE THEY INDICATED THAT THEY WILL BE IN COMPLIANCE WITH THE UNIFIED DEVELOPMENT CODE.
ALRIGHT, ANY OTHER QUESTIONS FOR STAFF HEARING THAT I'D ASK THE APPLICANT TO PLEASE COME FORWARD.
HELLO? HELLO? HI, MY NAME IS ENRIQUE USA.
THIS IS GARY SANCHEZ AND WE ARE OTTUM INVESTMENTS, THE LANDOWNERS FOR THE CASE BEFORE THE BOA.
UM, OUR, BEFORE WE GET STARTED, SHOOT OUT.
WELL YOU CAN, UH, DO YOU HAVE THE HANDOUT OR STAFF OR THEY'LL HAND OUT THE WE HAVE A HANDOUT FOR EVERYBODY.
OH, I THINK WE CAN SEE EVERYTHING CLEAR.
YEAH, WE'LL DISPLAY IT ON THE OVERHEAD SO WE CAN MAKE IT FOR THE PUBLIC RECORD.
WE JUST DID ONE PER YEAH, WE DID ONE FIRST.
YEAH, WE, WE'LL KEEP ONE AT THE DESK.
YOU READY? ALRIGHT, PLEASE PROCEED.
UM, OUR VARIANCES PROVIDE TWO DETACHED UNITS ON TWO RMM FOUR ZONE LOTS THAT ARE UNDER A THIRD OF AN ACRE.
[02:45:01]
BE LIMITED TO TWO STORIES IN HEIGHT.UH, THESE TWO LOTS WERE PLA AS LOT 10 AND 11 ON BLOCK THREE OUT OF BOOKER PLACE.
SUBDIVISION RECORD ON SEPTEMBER 3RD, 1914.
WHEN WE LOOKED AT OUR DIFFERENT OPTIONS TO DEVELOP THE SITE, WE FOUND THAT WE COULD PROVIDE A TRIPLEX WITH A MINIMUM REQUIRED PARKING LOT, MINIMUM PRI UH, REQUIRED PARKING LOT, OR WE COULD PROVIDE TWO DETACHED UNITS PER LOT WITH ADDITIONAL PARKING BEYOND THE MINIMUM REQUIRED TO GET THE DEVELOPMENT NUMBERS TO WORK OUT.
A TWO AND A HALF STORY TRIPLEX WOULD GIVE US THE SAME RATE OF RETURN AS PROVIDING TWO UNITS DETACHED WITH ADDITIONAL PARKING.
WE COULD ACHIEVE THE NEEDED SQUARE FOOTAGE FOR A NICE FAMILY ORIENTED DEVELOPMENT WITHOUT GOING TWO AND A HALF STORIES.
ADDITIONALLY, TWO DETACHED UNITS WOULD PROVIDE MORE OPEN SPACE AND GREENERY, WHICH YOU GUYS CAN SEE REFLECTED IN, IN WHAT YOU GUYS HAVE IN FRONT OF YOU.
UH, WE COMMUNICATED THIS ENDEAVOR WITH THE NEIGHBORHOOD ASSOCIATION AND THEY WERE IN SUPPORT.
THE PROVISION OF A LESS INTENSIVE DEVELOPMENT LIMITED TO TWO STORIES WITH REALISTIC PARKING IS BETTER FOR THE NEIGHBORHOOD VIA ABUTTING NEIGHBORS AND THE NEIGHBORHOOD ASSOCIATION.
TO BE CLEAR, WE'RE OFFERING, WHAT WE ARE OFFERING IS TO PROVIDE A DEVELOPMENT WITH LESS INTENSITY, MORE PARKING, A TWO STORY MAX BUILDING HEIGHT AND MORE GREEN SPACE IN EXCHANGE FOR PROVIDING DETACHED UNITS.
MY DEVELOPMENT COMPANY, AUTUMN INVESTMENTS, IS PURSUING ADDITIONAL SITES IN DENVER HEIGHTS, TWO OF WHICH ARE COMING BEFORE THE BOA TENTATIVE FOR DECEMBER 4TH.
AND A FEW MORE TO FOLLOW IN 2024.
WE WANT A POSITIVE REPUTATION IN THE AREA WITH THE NEIGHBORHOOD ASSOCIATION WITH THIS BOARD AND WOULD APPRECIATE YOUR SUPPORT IN OUR VARIANCE REQUEST.
DO YOU HAVE ANYTHING, SIR? OKAY.
LET'S SEE IF WE HAVE ANY QUESTIONS FOR THE APPLICANT.
SO, UM, THESE ARE RENTALS, RIGHT? YES, MA'AM.
AND WHAT IS LIKE THE RENTAL POINT AT 1,550 SQUARE FEET? I IMAGINE IT'S A THREE BEDROOM.
UM, SO WHAT WILL YOU BE RENTING THESE AT? UH, THE, LIKE THE MARKET RENT? YEAH.
UH, THEY GO ANYWHERE FOR ABOUT 1400 OR $1,800 IN THE, IN THE AREA IS WHAT THEY END UP GOING FOR.
SO, SO YOU WOULD BE, UH, NOT, UH, I GUESS MY POINT IS IF WE GIVE YOU A VARIANCE, WHICH IS A PRIVILEGE RATHER THAN AS OF RIGHT, UM, WOULD YOU BE THERE TO CHANGE THIS NEIGHBORHOOD? WILL THIS CAUSE UM, PEOPLE TO LEAVE THE NEIGHBORHOOD BECAUSE THEY CAN'T AFFORD IT? NO, THEY'D BE COMING INTO THE NEIGHBORHOOD.
I MEAN, IF YOU GO ABOVE, YOU'LL NEVER RENT 'EM OUT.
MARKET FORCES WILL KIND OF DRIVE THE RANCH.
ANY OTHER QUESTIONS FOR THE APPLICANT? MANNA MR. MANNA QUESTIONS FOR CITY STAFF? AND SO, UM, YOU KNOW, I THINK WE HAVE RUN ACROSS A FEW OF THESE, YOU KNOW, RECENTLY IN THE PAST WHERE WE'RE TALKING ABOUT THE DIVIDING AND I THINK IF I RECALL CORRECTLY, THERE WERE MANDATORY WAS SIX LOTS, UH, SIX PARKING SPACES THAT NEEDED TO BE PROVIDED.
AND IT LOOKS IN THIS DIALOGUE THEY'RE ADDING EIGHT.
SO IS MY MEMORY CORRECT WITH REGARDS TO MINIMUM SIX WOULD BE REQUIRED FOR THIS TYPE OF CONFIGURATION? UH, BECAUSE IT'S TWO SEPARATE LOTS WITH TWO UNITS EACH, EACH LOT WOULD HAVE TO PROVIDE, UH, TWO PARKING SPACES.
SO THEN, OKAY, SO THEY'RE MEETING THAT REQUIREMENT THEN MINIMALLY.
AND YEAH, THEY INDICATED THAT THEY'RE WORKING WITH TRAFFIC TO NOW IF THEY PLAN IT ALL TOGETHER AND HAVE FOUR TOTAL LOTS, THEN THEY WOULD HAVE TO HAVE SIX PARKING SPACES.
ANY OTHER QUESTIONS FOR THE APPLICANT? OKAY, HOLD ON.
LET'S SEE IF WE HAVE ANY, ANY PUBLIC, UH, INPUT TO BE READ, TO BE READ FOR THE PUBLIC RECORD.
UM, LET'S LOOK FOR A REBUTTAL.
DO ANY, WOULD YOU LIKE TO ADD ANY FINAL COMMENT BEFORE WE CLOSE THE PUBLIC PORTION? LEMME JUST HAVE, UM, LEMME JUST WALK YOU THROUGH, UH, THE PACKET WE HANDED YOU.
UH, THE FIRST PAGE IS REALLY JUST TO GIVE YOU AN IDEA OF WHERE WE'RE AT WITH PINE STREET AND UH, COONEY WAY.
UM, WE HIGHLIGHTED THE TWO LOTS THAT ARE THERE.
UH, IF YOU GO TO THE PAGE TWO, THIS IS OUR DEVELOPMENT, WHICH YOU SAW EARLIER IN THE PRESENTATION, AND I REALLY WANTED TO HAVE YOU LOOK AT PAGE THREE.
SO PAGE THREE IS WHAT WE'RE ALLOWED TO DO BASED ON, UH, THE ARM FOUR.
AND YOU CAN SEE, YES, WE CAN GET A TRIPLEX IN THERE.
WE CAN GET SIX PARKING SPACES, BUT WE'RE, WE'RE HOPING TO GET SOMETHING LESS INTENSE.
AND I THINK THIS DIAGRAM KIND OF SHOWS THAT, UH, IN THE BEST WAY.
AND THEN LAST IS THE LETTER THAT YOU ALREADY WROTE.
SO I JUST WANTED TO MAKE SURE YOU GUYS UNDERSTOOD WHAT WAS IN THE PACKAGE.
SO REDUCTION IN DENSITY FOR THE PARKING SPACES IS MM-HMM
OKAY, MS. BRAGMAN, WOULD YOU LIKE TO MAKE A MOTION? I WOULD THANK YOU.
UM, REGARDING CASE NUMBER BOA DASH TWO THREE DASH 0 3 0 2 90, I MOVE TO THE BOARD OF ADJUSTMENT GRANTOR REQUEST FOR A VARIANCE TO ALLOW TWO SEPARATE STRUCTURES ON RM FOUR LOT THAT IS LESS THAN ONE THIRD OF AN ACRE IS SITUATED AT 9 0 9 AND 9 1 5 SOUTH PINE STREET.
APPLICANT BEING ADA CONSULTING GROUP INC.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOWED THE PHYSICAL CHARACTER, THIS PROPERTY IS SUCH A LITTLE
[02:50:01]
ENFORCEMENT OF THE, OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS ADMITTED WOULD RESULT IN UNNECESSARY HARDSHIP.SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY EFFICIENT LAND USE BY CONCENTRATING UNITS WITHIN A SINGLE STRUCTURE.
IF GRANTED, THE REQUEST WILL NOT BE CONTRARY TO THE PUBLIC INTEREST.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE SPECIAL CONDITION FOUND ON THE SUBJECT IS THE SIZE.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AND LOSS IN LIVABLE AREA MAY BE REDUCED.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
STAFF FINDS OF THE NEED TO ALLOW FOR TWO STRUCTURES TO NOT BE CONTAINED WITHIN A SINGLE STRUCTURE WILL OBSERVE THE SPIRIT OF THE ORDINANCE.
DEVIATING FROM THIS REQUIREMENT WILL NOT CAUSE THE LOT FROM BECOMING OVERCROWDED, FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCES 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 RM FOUR ZONED LOT THAT IS LESS THAN ONE THIRD OF AN ACRE WILL BE ALLOWED TO HAVE TWO SEPARATE STRUCTURES.
THIS WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES.
THE PLIGHT TO THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, ITS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT NEAR, NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY WHICH VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE SIZE OF THE PROPERTY.
DO THESE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION.
MS. CRUZ? MS. BREGMAN? YES, I'LL BE IN SUPPORT OF THE MOTION.
I LIKE THE IDEA THAT EVEN THOUGH THEY HAVE THE RIGHT TO PUT A TRIPLEX ON THERE, WHICH IS HIGHER DENSITY THAT THEY'VE CHOSEN TO SCALE BACK, UM, AND STILL GIVE ENOUGH PARKING, UH, AS WE KNOW, WE ARE FACING A HOUSING SHORTAGE ALL OVER THE COUNTRY.
SO THE FACT THAT WE CAN MAKE THIS MINOR ADJUSTMENT AND ALLOW, UM, FOUR FAMILIES, UH, TO LIVE ON THIS PARCEL, UM, I'LL BE IN SUPPORT.
MS. CRUZ? YES, I CONCUR WITH MY COLLEAGUE.
I DON'T SEE ANY PROBLEMS WITH IT, ESPECIALLY SINCE, UH, IT, UH, SEEMS LIKE IT'S GONNA BE A REALLY GOOD PROJECT IN THAT AREA.
ANY OTHER COMMENTS? MANNA MR. MANNA? SO I WILL ALSO BE SUPPORTING THIS, BUT UM, I THINK A NICE THING TO POINT OUT IS THAT LOOKING ACROSS THE STREET, THOSE ARE MORE LIKELY THREE STORY OFFICE OR THREE STORY IN HEIGHT, ELEVATION.
SO, SO I THINK IT IS CONSISTENT WITH THE COMMUNITY.
UM, AND SO I I I WILL BE GOING IN FAVOR.
STAFF, LET'S TAKE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF ACT.
COMMISSIONER KAPLAN? I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
COMMISSIONER ZUNIGA? I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
AND CHAIR ZUNA? YES, I CONCUR WITH TENANT FAVORS YOUR OPPOSITION.
THE VARIANCE PASSES UNANIMOUSLY.
THE TIME IS, UH, HAVE A GREAT DAY.
CAN WE GET MR. UH, ORIAN, PLEASE? PLEASE.
A LITTLE HEADS UP NEXT TIME,
ITEM NUMBER EIGHT, AGENDA ITEM ITEM EIGHT.
ADDRESS IS 6 3 1 5 MALAYA COUNCIL, DISTRICT TWO APPLICANT IS ANDREA FASES.
A REQUEST FOR ONE A ONE FOOT SIX INCH VARIANCE FROM THE FIVE FOOT MINIMUM SITE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE TO BE THREE FEET, SIX INCHES FROM THE SIDE PROPERTY LINE.
AND TWO, A REQUEST TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD.
ZONING IS R FIVE CASE SUMMARY.
THE SUBJECT PROPERTY IS LOCATED IN A SINGLE FAMILY COMMUNITY OFF REDMAN ROAD JUST WEST OF THE INTERSECTION.
THE PROPERTY HAS A CARPORT BUILT AFTER 2019, BEFORE FEBRUARY, 2022.
ACCORDING TO DATE OF PHOTO PHOTOGRAPHY, NO PERMITS WERE FOUND FOR THE CARPORT.
HOWEVER, THE CURRENT PERMIT IS FOR THE CARPORT AND THE ADDITIONAL OF THE BALCONY.
[02:55:01]
THE ORIGINAL CARPORT ABIDES BY THE STANDARDS OF THE UDC SETBACKS.HOWEVER, THE ADDITION OF THE STAIRS AND THE BALCONY WENT INTO THE SIDE, SETBACK INTO THE SETBACKS AND CHANGED THE CHARACTERISTIC FROM A CARPORT INTO AN ACCESSORY STRUCTURE DECK.
SECTION 35 3 70 B SIX STATES ACCESSORY STRUCTURE SHALL ONLY BE PERMITTED WITHIN A SIDE, A REAR YARD AREA WITHIN ALL SINGLE FAMILY AND MIXED RESIDENTIAL DISTRICTS WITH THE EXCEPTION OF CARPORTS AND GARAGES.
WHILE THE CARPORT IS PERMITTED IN THE FRONT YARD, A BALCONY ON THE ROOF OF THE CARPORT IS NOT WITHOUT A VARIANCE.
THIS IS YOUR SITE PLAN AND THE SUBJECT PROPERTY.
THE SIDE SETBACK THE ACCESSORY STRUCTURE IN THE FRONT YARD AND THE SURROUNDING AREA.
STAFF RECOMMENDATION, SIDE SETBACK AND ALLOWANCE OF OUR FRONT YARD ACCESSORY STRUCTURE.
VARIANCE STAFF RECOMMENDS DENIAL AND BO O 8 2 3 1 0 3 0 0 2 9 1 BASED ON THE FOLLOWING FINDINGS, THE REQUEST IS NOT OBSERVED.
THE SPIRIT OF THE ORDINANCE AS ACCESSORY STRUCTURES ARE DESIGNED TO BE LOCATED BEHIND THE FRONT FACADE OF THE PRINCIPAL STRUCTURE.
AND TWO, THE PROPOSED VARIANCE WILL ALLOW AN ACCESSORY USE FORWARD OF THE PRINCIPAL DWELLING USE, WHICH WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT NOTIFICATION PLAN.
ONE IN FAVOR, ZERO RETURN IN OPPOSITION.
AND EAST TER NEIGHBORHOOD ASSOCIATION DID NOT RESPOND.
THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE.
ALL RIGHT, ANY QUESTIONS FOR STAFF BEFORE WE HAVE THE APPLICANT COME UP? UH, HERE HE KNOWS.
HAVE THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
UM, WE JUST WANTED TO STATE THAT ORIGINALLY WHEN THIS STARTED, WE DIDN'T KNOW WE NEEDED A PERMIT.
WE'RE NOT VERY, UM, UM, FAMILIAR WITH THE CODES AND THE PERMITS NEEDED TO BUILD, UM, AN ACCESSORY STRUCTURE.
UM, AFTER WE WERE, UM, NOTIFIED BY CONE COMPLIANCE, HE STATED TO US THAT I WOULD HAVE TO TEAR IT DOWN BECAUSE I WASN'T IN COMPLIANCE.
SO I TRIED TO DO EVERYTHING IN OUR POWER TO TRY AND RESOLVE THE ISSUE WITH THE CITY.
UM, ALL OF OUR NEIGHBORS HAVE BEEN IN, UM, APPROVAL OF THIS WHOLE, UM, ORDEAL BECAUSE IT BECAME AN ISSUE WITHIN THE NEIGHBORHOOD ABOUT THE CODE COMPLIANCE.
UM, CONFRONTING US SPECIFICALLY ABOUT THIS, WE USUALLY HOST NATIONAL NIGHT OUTS, HOLIDAYS, WHAT HAVE YOU.
UM, THE NEIGHBOR DIRECTLY NEXT TO US ON THE LEFT HAND SIDE IS IN FAVOR OF THE BALCONY FOR, UM, IT TO REMAIN THERE.
UM, THE ONLY REASON THAT IT BECAME AN ISSUE, UM, WE THINK IS BECAUSE OF, UM, A FENCE THAT HAS BEEN THERE SINCE WE BOUGHT THE HOUSE.
AND WE JUST LEFT THE FENCE THERE, UM, SINCE WE BOUGHT THE HOUSE.
UM, AND THE ONLY REASON WE COULDN'T BUILD ANYTHING IN THE BACKYARD WAS BECAUSE WE HAVE APARTMENTS DIRECTLY BEHIND US.
WE ARE BALCONIES A BUTT, LIKE LITERALLY BUTT TO BUTT WITH THE APARTMENT COMPLEX AND THEY HAVE MANY BALCONIES.
SO WE DIDN'T KNOW THAT IT WOULD BE AN ISSUE FOR US TO CONTINUE BUILDING ON OUR ADDIT ON OUR CARPORT ENGINEER.
UM, WHEN IT DID BECOME AN ISSUE, WE, UM, GOT THE, AN ENGINEER TO CERTIFY IT THAT THE BEAMS WERE CAPABLE OF HOLDING A WEIGHT LIMIT, UM, OF 500 POUNDS TO 700 POUNDS.
WE, IT'S USUALLY JUST ME AND MY HUSBAND UP THERE.
UM, OUR KIDS ARE ALL GONE EMPTY NESTERS.
UM, SO WE JUST WANTED TO COME AND STATE OUR, UM, UM, NEED FOR AN APPROVAL REGARDING THIS.
UM, DO YOU HAVE ANY WE'RE WE'RE TRYING TO, UM, UPGRADE THE NEIGHBORHOOD AND MAKE IT LOOK BETTER.
LIKE I DIDN'T KNOW WE HAD TO DO ALL THIS.
WE DO A LOT OF FELLOWSHIP WITH THE CHURCH UP THERE AND THE ENGINEERS STAMPED AND APPROVED IT.
WE DID ALL THE STEPS WE HAD TO DO AFTER WE FOUND OUT THAT WE NEEDED A PERMIT.
AND IT'S BEEN BUILT SINCE 2019 AND WE'VE HAD DECORATIONS FROM CHRISTMAS, NEW YEAR'S, ALL THE NEIGHBORS.
SO A QUICK QUESTION ON THE, ON THE LEFT SIDE OF YOU.
UH, IS THAT A DRAINAGE DITCH? IT IS.
[03:00:01]
KNOW HOW WIDE IT IS? I'M SORRY? HOW WIDE IS IT? OH, I DON'T KNOW, LIKE 10 FEET, 15 FEET.AND STEPH, IF THIS WAS, IS THIS CONSIDERED AN ACCESSORY STRUCTURE BECAUSE IT'S DETACHED FROM THE HOME OR DOES THAT CHANGE ANYTHING? IT'S BECAUSE IT'S IN, IN FRONT OF THE FRONT FACADE OF THE HOME.
WHETHER IT'S DETACHED OR ATTACHED, THAT WOULD NOT MATTER.
ANY QUESTIONS FROM THE COMMISSION? COMMISSIONER KAPLAN? OF COURSE.
WHAT IS THAT? SERIOUSLY, WHY DID YOU PUT A, LIKE A PATIO, UH, UP THERE? WELL, IT ORIGINALLY, UM, I, UM, HAD CANCER.
IT WAS DURING COVID AND, AND IT WAS ALSO DURING COD.
SO WE WERE STUCK AT HOME AND WE JUST DECIDED TO GO AHEAD AND BUILD IT.
AND ALL OF OUR NEIGHBORS, BEFORE WE BUILT IT, BEFORE WE THOUGHT OF ANY PROBLEMS, WE ASKED OUR NEIGHBORS, HEY, WE'RE THINKING OF THIS AND THIS AND THIS, AND WOULD VILLE HAVE A PROBLEM WITH IT BECAUSE WE ONLY HAVE ONE NEIGHBOR ON THIS SIDE AND THERE'S NO NEIGHBOR HERE, AND THE NEIGHBOR DIRECTLY IN FRONT OF OUR HOUSE, SHE'S THE ONE THAT, UM, SENT I THINK IN A LETTER, A LETTER OF SHE'S SUPPORTS IT BECAUSE IT'S NOT AN ISSUE.
WHAT IS IT USED FOR? MY PLANTS.
AND I GO UP THERE AND SIT, WE, UM, SIT IN THE NIGHTTIME, LOOK AT THE STARS AND SCIENCE.
EVEN DURING COVID WE GOT CREATIVE AND, UM, PUT THE CANDY DOWN TO THE KIDS ON THE BOTTOM.
THIS IS LIKE, UH, FUN FOR THE COMMUNITY.
IT IS NOT LIKE WE'RE TRYING TO DO ANYTHING WRONG OR, AND WE DIDN'T THINK IT WAS GONNA BE AN ATROCIOUS, UM, SITE FOR ANYBODY.
WE, I MEAN, WE ASKED OUR NEIGHBOR DIRECTLY NEXT TO US, WHICH IS POSTED ON HERE TO BE POSITIVE ON THE, ON THIS SIDE THAT THERE WOULDN'T BE AN ISSUE BECAUSE IF ANYBODY WOULD BE BOTHERED HIT UM, BOBBY, IT WOULD BE HIM.
AND HE SAID NO, HE WAS TOTALLY, YOU KNOW, FOR IT.
UM, COMMISSIONER ZUNA, UH, TWO QUESTIONS HERE.
FIRST, KIND OF THE WATER RUNOFF, WHERE DOES THE, WHERE ARE THE GUTTERS AND WHERE DOES THAT THE GUTTERS ARE RIGHT ABOVE THE GARAGE, SIR.
SO IT DIRECTS THE WATER WHICH WAY TOWARDS THE, TO THE FRONT OF THE STAIRCASE WHERE YOU SEE THE, AND IT FLOWS TO THE STREET WITHOUT IT FLOWS DOWN.
IMPOSING ON THE, THE SECOND IS JUST, IS, IS ARE THERE ANY LIKE, UM, COVENANTS, RESTRICTED COVENANTS WITHIN YOUR NEIGHBORHOOD ASSOCIATION OR NO, THERE'S NONE.
OUR, OUR EAST HAR HILLS, UH, ASSOCIATION WAS DISBANDED, BUT THE PEOPLE THAT STILL, UM, KIND OF KEEP AN EYE ON THE NEIGHBORHOOD AND THEY ALSO WERE IN SUPPORT OF IT BECAUSE THEY'RE MEMBERS OF OUR CHURCH ALSO.
AND THEY WERE, I'M JUST CURIOUS 'CAUSE UH, YEAH.
SO THIS QUESTION'S FOR CITY STAFF.
SO THIS IS THE FIRST TIME I'VE EVER SEEN, YOU KNOW, THIS TYPE OF STRUCTURE IN A FRONT YARD IN CITY OF SAN ANTONIO.
UM, AND SO A QUESTION WOULD BE, UM, YOU KNOW, I'VE SEEN PORCHES ON THE FRONT OF HOUSES, UM, YOU KNOW, WHERE IT IS PART OF THE STRUCTURE OF THE HOUSE ITSELF.
AND WE'LL SAY THE SECOND STORY, YOU KNOW, AT A SECOND STORY, IT HAVING THE, THE COUPLE OF COME OUT AND WITH A PORCH IN THE FRONT THERE.
SO, SO COULD ANY ADJUSTMENTS BE DONE TO THIS STRUCTURE SUCH THAT IT WOULD BE, UH, QUALIFIED AS A CUPULA OR THAT KIND OF THING VERSUS THE WAY IT IS RIGHT NOW? SO, SO IS THERE ANY STRUCTURAL CHANGES THAT COULD OCCUR THAT WOULD KEEP THIS OR MAKE THIS MORE ALONG THE LINES OF SOMETHING I HAVE SEEN BEFORE? YEAH, NO, I SEE WHAT YOU'RE SAYING.
I MEAN, IT WOULD, IT WOULD HAVE TO BE A PRETTY SIGNIFICANT, UM, ATTACHMENT TO THE HOUSE FOR US TO CONSIDER THAT A PART OF THE HOUSE.
UM, JUST ATTACHING IT, LIKE HOW IT IS TOUCHING THE HOUSE RIGHT NOW, IT WOULD NOT BE CONSIDERED, UM, PART OF THE STRUCTURE, PART OF THE HOUSE BECAUSE OF PRETTY MUCH THE WAY IT'S BUILT.
UM, WE'RE CONSIDERING THAT AN ACCESSORY STRUCTURE THANK YOU.
IF THE STAIRS WAS TAKEN AWAY, IT WOULD JUST BE A CARPORT.
UM, IT WAS, WELL, THE STAIRS AND THE RAILINGS.
I MEAN, I GUESS I CAN ALSO PUT A LADDER UP THERE AND CLIMB UP THERE IF THEY WANT, BUT, RIGHT.
THE STAIRS, THE STAIRS ITSELF IS, IS, IS NOW KIND OF LIKE WHAT WE LOOKED AT TO MAKE IT A, UH, BALCONY.
BUT, UM, YEAH, ONCE THEY HAVE A SITTING AREA, THAT'S WHAT WE'RE CONSIDERING, THAT BALCONY.
ANY OTHER QUESTIONS? I GUESS ONE LAST QUESTION.
SO THE CONTRACTOR THAT, DID YOU DO THIS YOURSELF? DID YOU HIRE A CONTRACTOR? I WHAT, A FRIEND.
BUT, BUT AFTER THE FACT, UM, WE MADE SURE HE FOLLOWED OR HE MADE SURE TO FOLLOW ALL THE GUIDELINES AND WE HAD AN ENGINEER, CERTIFI HOLD, UH, THEY SHOULD HAVE IT, UM, COME OUT AND CERTIFY IT.
THAT WAS SAFE, THAT IT WAS ABLE TO HOLD THE STAIRS
[03:05:01]
WELDED TO APPROPRIATION TO MAKE SURE IT WAS STABLE, TO SUSTAIN WINDS OR TO WHATEVER WHAT HAPPENED.SO, SO THIS HAS BEEN THROUGH PERMITTING.
IT'S JUST LACKING, UH, APPROVAL FROM THIS BOARD? IS THAT, IS THAT WHERE THE STANCE, SO THEY APPLIED FOR A PERMIT.
THE PERMIT IS NOT APPROVED YET.
AND IF THERE'S NO MORE QUESTIONS, IS THERE ANYONE SIGNED TO SPEAK ANY PUBLIC COMMENTARY? NO PUBLIC COMMENT.
UM, WHAT WE'RE GONNA DO IS WE'RE GONNA ASK FOR A MOTION AND WE'LL SEE HOW THIS, UH, PANS OUT.
UH, WHO'D LIKE TO MAKE A MOTION? I'LL DO IT.
REGARDING CASE NUMBER BOA DASH 23 DASH 0 3 0 0 2 9 1.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANTS TO REQUEST FOR ONE, A ONE FOOT SIX INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE TO BE THREE FEET, SIX INCHES FROM THE SIDE PROPERTY LINE.
AND TWO, A REQUEST TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD, SITUATED AT 9 6 3 1 5 MALAYA, APPLICANT BEING ANDREA AFA PEREZ, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THE PROPERTY, SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC HAS AMENDED, WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE TO THE PUBLIC.
THE PUBLIC INTEREST IS REPRESENTED BY MINIMUM SIZE SETBACK REQUIREMENT, LOCATION OF AN ACCESSORY STRUCTURE BEHIND THE FRONT FAC SIDE OF THE HOUSE.
THE HOME STAFF FINDS THE REDUCED SETBACK AND LOCATION OF AN ACCESSORY STRUCTURE IN THE FRONT YARD IS NOT CONTRARY TO PUBLIC INTEREST DUE DUE TO SPECIAL CONDITIONS.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ALTERING THE ACCESSORY STRUCTURE TO MEET THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT IN LOCATING THE ACCESSORY STRUCTURE BEHIND THE FRONT OF THE HOUSE.
AS THIS WOULD CREATE AN UNNECESSARY HARDSHIP BY GRANTED THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
STAFF FINDS THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE WITH THE REQUESTED VARIANCE.
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 USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIS ARE NOT SUBSTANTIALLY INJURED, THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED.
IF GRANTED, THE ADDITION WILL MAINTAIN A THREE FOOT, SIX INCH SITE SETBACK AND ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD.
THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, NOT DUE TO THE RESULT OF GENERAL CONDITIONS.
SO THE SEQUENCE OF PROPERTY IS LOCATED, STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAW, DOES NOT APPEAR TO BE MERELY FINANCIAL AND A MOTION.
I MEAN THE, THE, UH, THE NEIGHBORS THAT WERE MOST AFFECTED BY IT HAD OPPORTUNITY TO COMMENT ON IT.
I MEAN, IT PROVIDES A RELIEF, UH, FOR THE APPLICANT.
THEY CAN'T BUILD IT IN THE BACKYARD BECAUSE OF THE APARTMENT.
THAT WOULD BE, UM, UH, OBT TRUSSING IN THEIR BACKYARD, ENJOYMENT OF THEIR PROPERTY, GIVES 'EM THE ABILITY TO ENJOY THEIR PROPERTY.
AND, YOU KNOW, UH, NEIGHBORS DON'T SEEM TO OPPOSE IT.
AND THE FLOOD OR THE WATER, UH, IS DIRECTED TO THE FRONT OF THE PROPERTY, DOESN'T OPPOSED ON THE NEIGHBORS.
AND THEY HAVE A SIDE SETBACK WITH THE EASEMENT ON THE OTHER SIDE THAT PROVIDES A BUFFER.
COMMISSIONER KAPLAN? YEAH, I, I DON'T AGREE.
I DO NOT SUPPORT IT BECAUSE IT IS KIND OF A, JUST A ODD THING TO HAVE IN YOUR FRONT YARD.
THERE IS, YOU HAVE A VERY LARGE BACKYARD, EVEN THOUGH IT LOOKS OUT ON THOSE FAIRLY LARGE ENOUGH TO PUT A CAR, A UH, PATIO BACK THERE, UH, EVEN THOUGH IT LOOKS OUT ON THE, UM, APARTMENTS.
SO I JUST THINK THAT, UH, YOUR WHOLE NEIGHBORHOOD COULD END UP, IF WE GIVE YOU THIS VARIANCE, IT ALLOWS EVERYTHING ELSE THAT SETS THE STANDARD.
UM, I, I DON'T APPROVE MS. SCOTT.
MAY I OFFER ONE THING? UM, THE VARIANCE IS ALSO FOR THE, THE CARPORT, RIGHT? AND SO, WELL, THE SIDE SETBACK, IT'S FOR, IT'S FOR SIDE SETBACK.
WOULD YOU BE OPPOSED TO THE SIDE SETBACK OR WOULD YOU BE OPPOSED TO NOT THE ACCESSORY? I'M NOT, I'M NOT OPPOSED TO THE SIDE.
I'M NOT OPPOSED TO THE SIDE SETBACK.
I'M OPPOSED TO THE ACCESSORY STRUCTURE.
LET'S LISTEN TO THE REST OF THE DIALOGUE FROM THE BOARD AND THEN WE'LL MANANA MAKE THE DECISION ACCORDINGLY.
COMMISSIONER MANNA? UM, I'M GOING, UH, SEE, I, I, I AM OKAY WITH THE SIDE SETBACK, BUT I CONCUR WITH MY COLLEAGUE, UH, MS. KAPLAN, UH, WITH REGARDS TO, UH, THE STRUCTURE ITSELF, UH, AS I LOOK OVERHEAD AT THIS PROPERTY, I DO SEE, UM, THE SPACE, UM, ALONG THE BACKSIDE.
AND, YOU KNOW, I, I, I DO CONCUR THAT I HAVE SEEN THESE TYPES OF STRUCTURES IN BACKYARDS, BUT I'VE NEVER SEEN ONE IN THE CITY OF SAN ANTONIO IN THE FRONT YARD LIKE THIS.
SO, SO I, I'M JUST STRUGGLING WITH THAT PERSPECTIVE AND, AND I DON'T NECESSARILY KNOW ARCHITECTURALLY IS WHERE I WANT TO GO.
ARE THERE ANY COMMISSIONERS WHO ARE OKAY WITH THE SITE SETBACK BUT NOT WITH THE ACCESSORY USE THEY'D LIKE TO ADD TO THE CONVERSATION? OKAY.
SO, VASQUEZ, COMMISSIONER VASQUEZ, I, I, UH, UH, I'M IN AGREEMENT, UH, WITH THE TWO PREVIOUS, UH, UH, OKAY.
MEMBERS, UH, I, I DON'T THINK SOMETHING LIKE THIS BELONGS
[03:10:01]
IN THE FRONT, UH, OF A HOUSE OFFER.I'M GONNA OFFER A FRIENDLY AMENDMENT TO STRIKE, UH, THE, UH, ACCESSORY ITEM TWO.
THE MOTION REGARDING THE ACCESSORY STRUCTURE.
WELL, GIVEN THAT I DON'T THINK WE HAVE SUPPORT FOR THE BOARD, WE WOULD NEED NINE CONCURRING MEMBERS TO APPROVE THE ACCESSORY STRUCTURE.
SO THE, IT'S EITHER WE GET, KEEP THE CARPORT AND LOSE THE ACCESSORY DWELLING UNIT ON THE ACCESSORY STRUCTURE ON THE TOP, OR KEEP THE GAR GARAGE, KEEP THE CARPORT.
IF IF WE, IF THEY TOOK, IF WE SAID NO TO THE ACCESSORY STRUCTURE, UH, YOU AND YOU TOOK OUT THAT STAIRCASE, IT LOOKS LIKE THERE WOULD BE NO NEED FOR A VARIANCE.
THE CARPORT ITSELF MEETS THE SIDE SETBACK.
IT'S THE STAIRS THAT PUT 'EM OVER THE ONLY, SEE, THERE'S NO PRO THEY WOULD, WHAT WE'RE SAYING THEN IS THEY WOULD JUST HAVE TO TAKE OUT THE WHOLE USE FOR THE UPS, THE TOP.
AND, UM, I DON'T KNOW IF THAT MAKES ANY SENSE, BECAUSE THEN YOU WOULDN'T BE ABLE TO USE THE, IF YOU, IF YOU TOOK OUT THE STAIRCASE, IF YOU, IF YOU KEPT THE STAIRCASE, BUT YOU WEREN'T ABLE TO USE THE TOP OF THE THING, WOULD YOU WANT THAT STAIRCASE THERE AND KEEP THE STAIRCASE THERE? WELL, OKAY, SO WE HAVE A, SO I OFFERED A FRIENDLY AMENDMENT.
IT DOESN'T SOUND LIKE IT WAS ACCEPTED BY THE SECOND.
UH, WOULD YOU LIKE TO OFFER ANYTHING ELSE? UH, I, I HAVE NO PROBLEM WITH KEEPING THE STAIRCASE AND, AND THE ACCESSORY THING, BUT I DON'T KNOW WHY YOU WOULD, WHAT YOU DO WITH IT, IF IT WOULD MAKE ANY SENSE FOR YOU TO HAVE THAT.
I MEAN, DOES IT MAKE ANY SENSE FOR YOU TO KEEP THE STAIRCASE BUT NOT BE ABLE TO USE THE UPSTAIRS? USE IT AS A PATIO, WHATEVER YOU'RE USING IT FOR.
I HAVE, I HAVE NO PROBLEM WITH KEEPING THE SIDE STAIRCASE.
SO THE MOTION IS NOW TO ONLY CONSIDER THE SIDE SETBACK AND NOT TO CONSIDER ITS USE AS AN ACCESSORY STRUCTURE IN THE FRONT YARD.
UM, LET'S HAVE A ROLL CALL VOTE.
WHAT'S COMMISSIONER ZONA? I CONCUR.
COMMISSIONER KAPLAN? I CONCUR.