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[Call to Order]
ALL RIGHT.GOOD AFTERNOON, LADIES AND GENTLEMEN.
MY NAME IS ROGER MARTINEZ AND I'M THE CHAIRMAN OF THE BOARD OF ADJUSTMENTS TO THE CITY OF SAN ANTONIO.
I HEREBY CALL THIS REGULAR NOTICE MEETING AT THE CITY OF SAN ANTONIO, BOARD OF ADJUSTMENT IN THE SESSION.
LET'S GO TO THE BENCH INTERPRETING.
UH, LET'S GO AHEAD AND TAKE A ROLL CALL.
MR. TEAL? PRESENT? MR. MANNA? MR. MANNA?
WE'LL, WE'LL CIRCLE BACK THAT WAY YOU CAN TESTIFY.
AND I DON'T KNOW IF MR. BATTLE IS ON YET, MR. BATTLE? HE'S NOT ON AT THIS TIME, BUT WE DO HAVE 10.
BEFORE WE PROCEED WITH TODAY'S CASE, IS I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION.
THE BOARD IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
THE ONLY EXAMINED THE FACTS PERTAINING TO THE SOUGHT AND DID NOT GET INVOLVED IN FUTURE LEGISLATE BETWEEN PARTIES.
PACIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND 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 OF COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEAL FROM THE DECISION OR DETERMINATIONS MADE BY AN ADMINISTRATIVE OFFICIAL.
CHAPTER 35 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUEST OF VARIANCES FROM THE REGULATIONS IN CHAPTER 28.
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 BY THE BOARD PROCEEDING.
EACH MEMBER WILL BE ASKED, VOTE ON THE MOTION IN ORDER FOR A MOTION TO CARRY REQUIRES A CONFIRMING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANTED AND RELIEF SOUGHT REST WILL BE APPLICABLE.
THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUIRED RELIEF CAN BE LEGALLY GRANTED.
EXPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT COURT OF LAW BASED UPON THE RECORD OF THESE PROCEEDINGS APPEALS.
FROM THE BOARD'S DECISION REGARDING CHAPTER 28TH OF MAY, THE CITY COUNCIL PRIOR TO STARTING WITH OUR ITEMS, I'D LIKE OUR STAFF TO REVIEW OUR MEETINGS FORMAT.
STAFF, PLEASE PROVIDE TO PREDICT THE HEALTH AND OF THE PUBLIC AND LIMIT THE POTENTIAL SPREAD OF COVID 19.
THE BOARD OF ADJUSTMENT IS HOLDING THE, UH, MEETINGS VIA REVIEW CONFERENCE.
THE, UH, THESE MEETING STANDARDS ARE BASED UPON THE VARIOUS SUSPENDED PROVISIONS OF THE OPEN MARKET OPEN MEETING ACT ISSUED BY THE TEXAS GOVERNOR IN RESPONSE TO COVID 19 CRISIS AND ARE IN PLACE UNTIL FURTHER NOTICE.
MEMBERS OF THE PUBLIC CAN WATCH
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AND LISTEN TO THIS BY VISITING SAN ANTONIO.GOV/DSD OR BY CALLING IN FOR AUDIO ONLY AT 2 1 0 2 0 6 5 4 8 3.TO INCORPORATE PUBLIC COMMENT, THERE ARE FOUR OPPORTUNITIES.
THESE INCLUDE EMAIL OR MAIL OF COMMENTS, DROPPING OFF COMMENTS, LEAVING VOICEMAIL, OR ASKING TO BE CALLED DURING THE MEETING.
THE STATEMENTS OR COMMENTS WILL BE LIMITED TO TWO MINUTES FOLLOWING THE PRESENTATION OF THE APPLICANT.
STAFF WILL READ INTO THE RECORD ANY EMAILS OR LETTERS RECEIVED.
STAFF WILL ALSO PLAY ANY, UH, MESSAGES RECEIVED BY VOICEMAIL.
LASTLY, FOR THOSE THAT SIGNED UP TO RECEIVE A CALLBACK, UH, WE'LL CALL THEM TO STATE THEIR TWO MINUTE COMMENTS.
SPANISH INTERPRETERS ARE ON STANDBY AS NEEDED.
THE APPLICANT WILL THEN GET, BE GIVEN AN OPPORTUNITY TO REBUTTAL FOR REBUTTAL WITH A, WITH A TWO MINUTE, UH, TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS COMMISSION QUESTIONS BACK TO YOU, JUDGE.
[2. 20-7345 BOA-20-10300118]
THE START OF THE CASES, IT'S D O A 21 0 3 0 0 1 1 8, LOCATED AT A 3 42 2 AND 83 37 BROADWAY STREET IN DISTRICT 10.UH, THE APPLICANT IS VADO VENTURES TO REQUEST FOR A 10 FOOT VARIANCE FROM THE 15 FOOT TYPE C BUFFER YARD TO ALLOW THE EAST BUFFER YARD TO BE FIVE FEET, UH, WIDE.
CURRENTLY ZONED C THREE A H O D SUBJECT PROPERTY CONSISTS OF TWO LOTS ON BROADWAY AT THE SOUTHWEST CORNER OF THE GREEN BAR INTERSECTION.
THE REAR SETBACK VARIANCE REQUEST RECEIVED, UH, APPROVAL, UH, FROM THE BOARD OF ADJUSTMENT DECEMBER 16TH, 2019.
THE CURRENT REQUEST IS FOR VARIANCE TO THE EAST BUFFER YARD.
THE PROPERTY OWNER IS PROPOSING TO DEVELOP A NEW FUEL STATION, UH, WITH FUEL BAYS THAT WILL RESULT FROM THE DEMOLITION OF ALL OF THE EXISTING STRUCTURES ON THE SITE.
THE DEMOLITION APPLICATION FOR 83 38 AND 80 42 BROADWAY WERE REVIEWED AND APPROVED BY THE OFFICE OF HISTORIC PRESERVATION ON JANUARY 16TH, 2020.
THIS IS A SITE PLAN OF THE SUBJECT PROPERTY SHOWING THE ACCESS AND FLOW OF TRAFFIC SUBJECT PROPERTY ITSELF SURROUNDING AREA ALONG GREENBRIAR AND BROADWAY.
STAFF RECOMMENDS APPROVAL OF THE VARIANCE REQUEST AT B O A 21 0 3 0 0 1 1 8 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST DOES NOT, UH, NEGATIVELY IMPACT THE SURROUNDING PROPERTY OWNERS, NOR WILL IT SIGNIFICANTLY ALTER THE APPEARANCE OF THE DISTRICT AND THE REQUESTED VARIANCES WILL ALLOW MAXIMUM USE OF THE VACANT PROPERTY.
THE APPLICANT IS ABLE TO MEET ALL OTHER REQUIREMENTS FOR THIS PROJECT.
THE PROPOSED REDUCTION STILL ALLOWS THE ADEQUATE SPACE TO PREVENT FIRE SPREAD, ALLOW FOR STORM WATER MANAGEMENT ON SITE, AND ALLOW THE ADEQUATE LIGHT AND SPACE FOR MAINTENANCE.
ALRIGHT, UH, I BELIEVE THIS CASE HAS BEEN BEFORE US BEFORE FOR A DIFFERENT VARIANCE.
THIS, THIS CASE HAS BEEN HURT BEFORE, AND THIS CASE HAS FOR BUFFER YARDS, UH, ON THE EAST PROPERTY LINE ONLY.
WE DID SEND OUT 13 NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION.
AND OAK PARK DID SEND IN A QUICK, UH, LETTER BASICALLY SAYING THEY HAVE NO OPINION ON THE SUBJECT.
AND WILL BASICALLY THOSE PROPERTY OWNERS WITHIN CENTER FEE, UH, THEY'LL SOURCE WHATEVER THEY SAY, BUT NOTHING RECEIVED.
DOES, UH, HAVE WE GOT THE APPLICANT READY SPEAK? YES, SIR.
SO WHEN YOU'RE READY, PLEASE STATE YOUR NAME, ADDRESS FOR THE RECORD AND YOU COULD START YOUR PRESENTATION.
THIS IS JAMES POOLE, UH, WITH PICA VENTURES.
I'M LOCATED AT 2,900 WINGATE STREET, SUITE 200 FORT WORTH, TEXAS 7 6 1 0 7.
UM, APPRECIATE YOUR, YOUR TIME AND CONSIDERATION TODAY.
SO WE WE'RE APPLYING FOR THE VARIANCE TO THE LANDSCAPE BUFFER ON THE EAST SIDE OF THE PROPERTY BOUNDARY.
UH, THAT ABUTS A MULTIFAMILY PROPERTY, UM, REQUESTING THE VARIANCE DUE TO THE SITE CONSTRAINTS.
UM, THERE WAS SEVERAL EASEMENTS AND RIGHT OF WAY, UH, THAT ALONG WITH BUILDING SETBACKS THAT CREATE A VERY SMALL BUILDING ENVELOPE WITH THIS PIECE OF PROPERTY, UM, WE ARE PROPOSING TO REDUCE THE LANDSCAPE ON THAT EAST BOUNDARY TO FIVE FEET, UM, IN ORDER TO ACCOMMODATE MINIMUM PARKING REQUIRED AND TO, UH, ENSURE THE DEVELOPMENT OF THE SITE.
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THERE'S, THERE'S NOT ANY BUFFER, UM, WHAT'S EXISTING NOW.WE WOULD BE IMPROVING, UM, WITH THAT ADDITION OF THE LANDSCAPE, UM, SET BACK THERE.
UM, AND OVERALL, I THINK THIS FITS WITH THE THEME OF WHAT THE ORDINANCE IS TRYING TO ACCOMPLISH.
AND, UM, YOU KNOW, APPRECIATE YOUR CONSIDERATION, SUPPORT.
IF YOU HAVE ANY QUESTIONS, UH, I'M AVAILABLE.
WE'RE GONNA HOLD OUR QUESTIONS UNTIL WE'VE HEARD FROM ALL THE WITNESSES, UH, AND JUST PICK THE CASE.
DO WE HAVE, UH, ANY, UM, PUBLIC, UH, RESPONSES TO THIS? IT'S JUST A QUICK EMAIL FROM, UH, TEAM LARSON WITH THE EDWARD ASSOCIATION.
SHE STATES, UH, REQUEST FOR 10 FOOT VARIANCE FROM, FROM THE 50 FOOT TYPE BUFFER TO ALLOW THE YARD, OAK PARK, UH, NORTH NEIGHBORHOOD ASSOCIATION.
WE HAVE NO OPINION ON VARIOUS REQUEST DE WISHES OF THOSE PROPERTIES.
WELL THEN, UH, LET'S GO AHEAD AND ENTERTAIN, UH, COMMENTS OR QUESTIONS FROM THE BOARD FOR THE APPLICANT OR STAFF.
IAN, MS. ORIAN, YOU HAVE A FLOOR? YES.
UH, SO THIS IS FOR EITHER THE APPLICANT OR STAFF.
UH, THAT GREENBRIAR IS SHOWN TO HAVE A FIVE FOOT BUFFER IS GREENBRIAR OR A COLLECTOR STREET LIKE BROADWAY IS? YES, SIR.
THIS IS, THIS IS JAMES POOL THE APPLICANT.
SO GREENBRIER IS CLASSIFIED AS A LOCAL ROAD.
SO TYPE B BUFFERED IS NOT REQUIRED.
SO YOU'RE JUST, YOU'RE DOING, YOU'RE ADDING FIVE FEET.
I, I'M CURIOUS BECAUSE I JUST, I'M LOOKING AT THE, THE BIG PICTURE OF THIS.
I MEAN, YOU HAD TO GIVE UP SOME RIGHT OF WAY ON BROADWAY IT LOOKS LIKE, AND, AND SO, YOU KNOW, IT LOOKS LIKE YOU, MAYBE YOU GAVE UP FIVE FEET ALONG BROADWAY ACCORDING TO YOUR PLAN.
AND SO IF YOU'RE, IF YOU HAD A REAR BUFFER OF 15, YOU'RE, YOU'RE GOING DOWN TO, TO FIVE, BUT YOU LOST FIVE ON BROADWAY AND YOU'RE ADDING FIVE, THAT, THAT IS NOT REQUIRED ON GREENBRIAR, IS THAT CORRECT? WE DID, YES, YOU'RE CORRECT.
SO WE DID LOSE THE FIVE ON BROADWAY.
UH, WE'RE REDUCING ON THE BACK END.
UH, I BELIEVE THE BUFFER ON GREENBRIER IS REQUIRED TO BE FIVE.
ALRIGHT, DO WE HAVE ANY OTHER, UH, BOARD MEMBERS HAVE ANY QUESTIONS, STAFF OR THE APPLICANT? OKAY.
UM, UH, OBVIOUSLY THE PREVIOUS STRUCTURES ON THESE PROPERTIES, UH, DID NOT HAVE ANY EASEMENT ISSUES WITH THE, UH, DUE TO I GUESS, AGE.
UH, THEY WERE MUCH CLOSER TO THE PROPERTY LINE.
SO THE NEW STRUCTURE FOR THE, I GUESS WOULD BE A, A CONVENIENCE STORE.
UH, WHAT'S THE REQUIRED BUFFER BETWEEN THE PROPERTY LINE COULD APARTMENT COMPLEX AND TO THE, UH, NEW STRUCTURE THAT THE APPLICANT BUILDING? THAT'S THE STAFF.
SO IS THE QUESTION RELATED TO THE EXISTING STRUCTURE VERSUS THE, THE CONSTRUCTION? YES.
I KNOW WE'RE NOT TALKING ABOUT BUMPER YARDS BACK HERE, SO I'M, I'M JUST ASKING THE QUESTION OF STAFF.
WHAT IS THE REQUIREMENT OF, OF THE, UH, BUFFER BETWEEN THE NEW STRUCTURE AND THE PROPERTY LINE FOR THE CONDO? FOR THE CONDO OR THE APARTMENT COMPLEX? IT'S A 15, SIR.
UH, BECAUSE IT'S A MULTIFAMILY.
SO THEY HAVE THE EXISTING STRUCTURES WE'RE GONNA BE LOOKING AT AS A NEW CONSTRUCTION.
SO HE HAS TO HAVE 15 FEET BEHIND HIS STRUCTURE TO THE FENCE OF THE PROPERTY BEHIND HIM.
AND HE IS GIVING UP, UH, FIVE FEET IN THE FRONT.
HE'S LOSING QUITE A BIT OF PROPERTY.
IS THAT NOT CORRECT? THAT THAT'S CORRECT, YES, SIR.
THAT, THAT'S, THAT'S WHY WE'RE HERE TODAY.
THAT'S WHY I ASKED THE QUESTION THAT HE'S GIVING UP ON BOTH SIDES AND, AND, UH, TRYING TO ACCOMMODATE AS MUCH OF THE STRUCTURE ON THE, THE PROPERTY.
AND THIS IS ACTUALLY TWO PLOT ORIGINALLY PLOTTED AS TWO PROPERTIES NOW ONE, CORRECT? CORRECT.
HE'S GOING THROUGH THE PLANNING PROCESS ALREADY.
UM, SO THIS WILL BE A, I BELIEVE IT'S A REPL.
ALRIGHT, ANY OTHER QUESTIONS FROM THE BOARD? NONE BEING THE CASE.
UH, LET'S, UH, I GUESS, UH, THE, UH, THERE'S JUST A FEW STATEMENTS HERE.
THERE'S REALLY NOTHING READ, BUT, BUT I'M GONNA GIVE THE APPLICANT ONE LAST OPPORTUNITY TO RESTATE HIS CASE OR, UH, GIVE ADDITIONAL INFORMATION
[00:15:02]
THE APPLICANT ALONG.UH, APPRECIATE, UH, THE ADDITIONAL OPPORTUNITY.
I, I DON'T HAVE MUCH MORE TO ADD.
UM, THE SITE IS VERY DIFFICULT AND TIGHT, AND SO WE'RE TRYING TO MAKE THE BEST OF, AND, UM, YOU KNOW, I THINK WE'RE ADDING ADDITIONAL LANDSCAPING, UH, BETWEEN THE BUILDING AND THE MULTI-FAMILY.
WE'RE ABLE TO, THE OVERALL AREA OF LANDSCAPING THAT WE'LL BE PROVIDING, UM, DUE TO THE 23 FOOT GAP BETWEEN THE BUILDING AND THAT PROPERTY LINE, UH, THAT CALCULATION ACTUALLY COMES OUT TO MORE THAN IF WE PROVIDED ONLY THE, THE SETBACK MINIMUM OF THE 15 FEET ACROSS THAT WHOLE BOUNDARY.
I THINK WE ARE GONNA BE IN EXCESS OF 320 SQUARE FEET OF THE MINIMUM WITH THAT BUFFER.
UM, SO WE ARE TRYING TO BE A GOOD NEIGHBOR AND, UH, FOLLOW THE CODE AS BEST WE CAN.
UH, THE SITE JUST POSED ADDITIONAL LIMITATIONS THAT, UH, THAT WE'RE NOT USED TO.
SO, UH, APPRECIATE YOUR CONSIDERATION AND, UH, IF YOU NEED ANYTHING ELSE, I'M STILL HERE.
I'M SPEAKING, I'M SPEAKING AND BEING MUTED AT THE SAME TIME.
UH, I'M CLOSING THIS MEETING TO THE PUBLIC AND ENTERTAINING A MOTION FROM THE BOARD.
UH, MS. BREGMAN, ARE YOU GONNA MAKE THE MOTION? YES, PLEASE.
REGARDING CASE NUMBER BO O A DASH 20 DASH 0 3 1 8, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR 10 FOOT VARIANCE FROM THE 15 FOOT TYPE C BUFFER YARD TO ALLOW THE EAST BUFFER YARD TO BE FIVE FEET WIDE SITUATED 83 42 AND 83 37 BROADWAY STREET APPLICANT BEING VACCARO VENTURES, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THE REQUESTED REDUCTION OF THE EASTERN BUFFER YARD IS NOT CONTRARY TO PUBLIC INTEREST, AS IT DOES NOT NEGATIVELY IMPACT ANY SURROUNDING PROPERTIES OR THE GENERAL PUBLIC.
AS OF NOW, THE PROPERTY HAS NO BUFFER YARDS ESTABLISHED.
SO ANY NEW REDEVELOPMENT WILL BE BENEFICIAL AND NET IMPROVEMENT TO THE SURROUNDING DISTRICT TOO.
DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
LITTLE ENFORCEMENT WOULD NOT ALLOW THE REDEVELOPMENT OF THE PROPERTY AS PROPOSED DUE TO PARKING STANDARDS, FUEL BAY AND DRIVER APPROACHES ON BOTH GREENBRIER AND BROADWAY, ALONG WITH ESTABLISHING NEW BUFFER YARDS AS REQUIRED.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
IN THIS CASE, THE BUFFER, THE PROPOSED BUFFER YARD, WILL ADHERE TO THE SPIRIT OF THE ORDINANCE.
AND SUBSTANTIAL JUSTICE WILL BE DONE BY IMPLEMENTING THE REQUESTED BUFFER YARDS WHERE NONE EXIST CURRENTLY IN ORDER TO REDEVELOP THE PROPERTY FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
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.
THE INTRODUCTION OF THE REQUESTED BUFFER YARDS WILL ONLY ENHANCE THE OVERALL APPEARANCE OF THE PROPERTY STREET SCAPE AND DISTRICT SIX.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PLIGHT OF THE OWNER FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE PARKING STANDARDS AND ESTABLISHMENT OF ABOVE YARDS.
WE NONE EXIST CURRENTLY WHILE MEETING PARKING AND SETBACK REQUIREMENTS AS REQUIRED.
ALRIGHT, WHO MADE THE SECOND, UH, ORIAN.
LET'S START THE DISCUSSION WITH MS. RAGMAN.
I'M VERY FAMILIAR WITH THIS, UH, AREA AND THIS LOCATION.
SO, UH, A FULLY
UM, SO THE IMPROVEMENT TO THE AREA, UM,
[00:20:01]
I THINK WILL BE TREMENDOUS.UM, ESPECIALLY, UM, A NEW, UM, UM, GAS STATION AND CONVENIENCE STORE IN THAT AREA.
THOSE TWO PROPERTIES THAT ARE THERE NOW ARE VERY, VERY OLD.
AND SO I THINK THIS WILL JUST IMPROVE THE PROPERTY, ESPECIALLY WITH THE ADDITION OF THE, UH, BUFFER YARDS.
ALRIGHT, THAT, UH, MR. DO, WOULD YOU LIKE TO ADD SOME INFO? YEAH, I, I WILL ALSO BE IN SUPPORT OF THIS.
UH, I, I DID SOME WORK UP THE STREET FROM THIS, AND THIS IS A TOUGH AREA.
THEY, YOU KNOW, HAVING TO GIVE A RIDE OF WAY, UH, THAT PARALLELS WHETHER REQUESTING A, A BUFFER REDUCTION THERE, THAT'S A HARDSHIP ALREADY.
UH, AND I DO ENJOY THE, UH, REALLY ENJOY THE FACT THAT THEY'RE NOT ATTEMPTING TO REMOVE THAT, UH, 23 FOOT B SS L DURING THE RELA PROCESS FROM THE SITE PLAN PROVIDED.
AND THEY'RE MAKING THEIR BUILDING A GOOD DISTANCE AWAY, AND I THINK THEY'RE GONNA HAVE A, THE SAME AMOUNT OF, OF LANDSCAPING THEY WOULD IF THEY, THEY WOULD'VE HAD TO DO THE 15 FEET.
SO, I'M, I'M IN COMPLETE SUPPORT.
ANY OTHER BOARD MEMBER WOULD LIKE TO ADD THEIR INPUT? OKAY, I'M GONNA MAKE A BRIEF STATEMENT HERE.
THE, UH, I BELIEVE THAT THE PROPERTY, ALTHOUGH ALBEIT THAT THE APPLICANT DID PURCHASE TWO LOTS TO MAKE, TO PUT THEIR, UH, PROJECT IN, AND CURRENTLY IT IS A GAS STATION, VERY DIFFICULT TO MANEUVER BECAUSE OF ITS LOCATION.
AND JUDGING FROM THE PLANS THAT HAVE BEEN PRESENTED TO US, THE APPLICANT IS TAKING IN CONSIDERATION THE DIFFICULTY OF ENTERING THE ACCESS TO THE PROPERTY FROM IMMEDIATELY NEXT TO THE, TO THE TRAFFIC LIGHT.
UH, I BELIEVE THIS IS GOOD FOR TRAFFIC IN GENERAL.
UH, I HOPE THAT SOMETIME IN THE NEAR FUTURE, SAN ANTONIO TAKES THE OPPORTUNITY TO TAKE THIS NEW EASEMENT ACCESS AND TO WIDEN BROADWAY BECAUSE, UH, JUST THE NARROWEST BROADWAY I'VE EVER SEEN WITH OUR ATTENTION.
BUT NEVERTHELESS, I, I'M GOING TO BE IN SUPPORT OF THIS MOTION.
I HOPE EVERYBODY FEELS THE SAME WAY.
SO LET'S GO AHEAD AND TAKE ROLL CALL VOTES.
MICHELLE, I CONCUR WITH THE FINDINGS OF FACT.
MR. BATTLE IS STILL NOT IN ATTENDANCE.
UH, MR. MANCHACA, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT, MS. BREGMAN, I CONCUR WITH THE FINDINGS OF FACT, MR. DENO.
I CONCUR WITH THE FINDINGS OF FACT, MR. DELMER.
I CONCUR WITH THE FINDINGS OF FACT, MS. FISHER.
UH, I ALSO CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ.
I CONCUR WITH THE FINDINGS OF FACT.
UH, THE VOTE WAS, UH, 10 TO NOTHING, SO THEREFORE THE MOTION DOES PASS.
UM, GOOD LUCK WITH YOUR PROJECT.
UH, I BELIEVE THAT THAT AREA COULD USE SOME IMPROVEMENT.
UH, LOOKING FORWARD TO, UM, GOING UP THERE SOMETIME.
SO LET'S, UH, GO ON TO OUR NEXT CASE.
[3. 20-7348 BOA-20-10300119]
OKAY.MARY'S STREET, ONE 20 PLAYMORE STREET, AND 1420 SOUTHWEST STREET.
THE APPLICANT IS PATRICK WILLIAMS. UH, CHRISTENSEN, UH, REQUESTED ZONING VARIANCE FROM THE SOUTH VESA AND SOUTH ST.
MARY'S BURY CONSERVATION DISTRICT DESIGN REGULATIONS TO ALLOW ONE, A NEW RESIDENTIAL DEVELOPMENT TO BE THREE STORIES AND 38 FEET IN HEIGHT, AND TWO, AN ATTACHED REAR FACING GARAGE TO BE CONSTRUCTED.
CURRENT ZONING IS I D Z TWO NCD ONE RIO OH FOUR.
THE SUBJECT PROPERTY IS LOCATED ALONG THE EASTERN BLOCK FACING PLAYMORE STREET BETWEEN SOUTH PRESA AND SOUTH ST.
THE REQUEST IS FOR TWO VARIANCES FROM THE SOUTH PRESA AND SOUTH ST.
MARY'S, UH, NEIGHBOR CONSERVATION DISTRICT DESIGN STANDARDS THAT LIMITS RESIDENTIAL HEIGHT TO 35 FEET, TWO AND A HALF STORIES, AND ONLY ALLOWS REAR DETACHED GARAGES.
THE PROPOSED DEVELOPMENT WILL SERVE AS A BUFFER BETWEEN THE COMMERCIAL USE TO THE NORTH AND THE RESIDENTIAL COMMUNITY TO, UH, THE SOUTH.
THE SUBJECT PROPERTY IS ENTIRELY IN THE NCD ONE ZONING OVERLAY WITH A PORTION OF THE RIO FOUR.
AND THE APPLICATION FOR 1508 SOUTH ST.
MARY'S WAS REVIEWED AND APPROVED BY THE OFFICE OF HISTORIC PRESERVATION ON NOVEMBER 12TH, UH, 2020.
UH, ANY PROPOSED EXTERIOR ALTERATIONS ASSOCIATED WITH A PROPOSAL WILL REQUIRE APPROVAL FROM THE OFFICE OF HISTORIC PRESERVATION, APPROVAL OF THE SITE PLAN OR RENDERING SUBMITTED AS PART OF THE
[00:25:01]
ZONING VARIANCE APPLICATION, UM, WHICH DOES NOT SUPERSEDE ANY REQUIREMENTS FOR DESIGN REVIEW OUTLINED IN ARTICLE SIX OF THE U D C.TO DATE, NO APPLICATION HAS BEEN MADE TO, TO O H P OR THE OFFICE OF HISTORIC, UH, DESIGN REVIEW COMMISSION FOR THIS PROJECT IN THE RIO FOUR.
AS SUCH, THE PROPERTIES WITHIN THE RIO FOUR WILL BE, THERE'S GONNA BE A REQUEST TODAY TO CONTINUE THOSE PORTIONS OF THE PROPERTY THAT ARE IN THE RIO, SO THE H D R C CAN REVIEW THEM.
UH, THEREFORE, THE BOARD WOULD ONLY BE CONSIDERING THE PROPERTIES OUTSIDE THE RIO DURING THIS MEETING.
THE APPLICANT'S REQUEST FOR CHANGE OF ZONING FROM THE COMMERCIAL, UH, ZONE PROPERTY, THE INFILL DEVELOPMENT ZONE, WAS, UH, APPROVED BY THE BY CITY COUNCIL LAST THURSDAY, DECEMBER 17TH.
THIS IS A COPY OF THE SITE PLAN.
THIS, THIS IS THE SUBJECT PROPERTY, REAR SIDE NEIGHBOR AND THE SURROUNDING NEIGHBORHOOD.
THIS IS ACROSS THE STREET FROM BRECKEN RIDGE HIGH SCHOOL STAFF RECOMMENDS APPROVAL OF THE VARIANCE FOR THREE STORIES AND 38 FEET IN HIGH, BUT DENIAL OF THE ATTACHED REAR FACING GARAGES FOR BO O A 21 0 3 0 0 1 1 9 WITH AN ALTERNATE RECOMMENDATION OF CARPORTS BASED ON THE FOLLOWING FINDINGS OF THE FACTS, THE ADDITIONAL THREE FEET FOR THE BUILDING HEIGHT WILL PROVIDE FLEXIBILITY TO DEVELOP THE INTENDED RESIDENTIAL DWELLINGS WITHOUT PUTTING THE COMMUNITY OUT OF CHARACTER.
AND THE APPLICANT COULD REVISE A PROPOSED DEVELOPMENT AND CONSTRUCT A CARPORT INSTEAD OF THE ATTACHED CRUSH, WHICH COMPLIES WITH THE NCD ONE DESIGN STANDARDS.
KEEP IN MIND, THE SITE PLAN WAS APPROVED BY CITY COUNCIL LAST THURSDAY AS PART OF THE ZONING CASE.
THERE WERE 37 NOTICES SENT OUT.
ONE WAS RECEIVED IN FAVOR, ZERO IN OPPOSITION.
UH, KING WILLIAM ASSOCIATION HAD NO RESPONSE.
AND THE CONSERVATION SOCIETY OF SAN ANTONIO IS IN OPPOSITION.
THE LAVACCA NEIGHBORHOOD ASSOCIATION IS IN FAVOR.
WE DO HAVE THE APPLICANT ON THE PHONE.
PATRICK UH, CHRISTENSEN IS ON THE LINE.
PATRICK, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
GOOD AFTERNOON, PATRICK CHRISTENSEN.
MY ADDRESS IS THREE 10 SOUTH ST.
I'VE ACTUALLY BEEN WORKING ON THIS PROJECT SINCE, UH, THIS SUMMER.
BUT LET ME BEGIN BY REQUESTING A CONTINUANCE FOR LOTS.
THOSE ARE THE LOTS THAT ARE WITH LOCATED WITHIN THE RIO.
WE WILL GO TO H D R C FOR PRELIMINARY DESIGN APPROVAL FOR THOSE THREE LOTS.
THOSE THREE LOTS ARE, ARE THE HARD CORNER OF PLAYMORE AND SOUTH ST.
I WOULD LIKE TO MOVE FORWARD WITH THE REST OF THE PROJECT AND COME BACK FOR THOSE THREE LOTS ON, ON THE MARCH 15TH BOARD OF ADJUSTMENT AGENDA.
UM, I GO AHEAD AND PROCEED WITH MY PRESENTATION Z GO AHEAD, SIR.
SO, UM, KIND OF AN EXCITING PROJECT THAT THE DEVELOPERS IMAGINE HOMES, THE STREET FACE FACING PLAYMORE FACING NORTH, WHERE THIS PROPERTY IS LOCATED, UH, IS SEEN BETTER DAYS.
SO THERE'S AN OLDER GAS STATION AT THE CORNER OF PRESA, UM, KIND OF A BRICK BUILDING ON PLAYMORE AND ST.
MARY'S, UM, FOR THE, THE NEIGHBORS BEHIND US.
IT'S SORT OF UNFORTUNATE IN THE FACT THAT THE, THE BRICK BUILDING GOES ALL THE WAY UP TO THAT PROPERTY LINE.
SO THOSE PROPERTY OWNERS THAT, UH, ARE ON BERING STREET, AT LEAST THE FIRST THREE, THREE AND A HALF OF THEM, THEIR BACKYARD FENCE IS BASICALLY A 14 FOOT CINDER BLOCK WALL MAKING THEIR BACKYARDS VERY DARK.
UH, BUT WHAT IMAGINE HOMES IS PROPOSING IS, IS A TOTAL OF 19 UNITS.
THEY ARE, THEY'RE ALSO PURCHASING A ONE STORY HOUSE, UM, ON ST.
MARY'S THAT THEY'RE GOING TO RESTORE.
THEY DID NOT REQUEST DEMOLITION.
WE, UH, WE DID GO TO H D R C TO REQUEST A DEMOLITION OF OR H D R C, OFFICE OF HISTORIC PRESERVATION TO REQUEST DEMOLITION OF THE EXISTING STRUCTURES, AND THOSE WERE APPROVED.
BUT THE PROJECT IS 19 SINGLE FAMILY STRUCTURES, WHICH WILL BE COMBINED INTO UNITS OF TWO ON THE EXISTING SUBDIVISION PLAT.
AND THAT'S WHY WE'RE IN FRONT OF THE BOARD OF ADJUSTMENT HERE TODAY, THAT THAT'S THOSE PLA, THOSE EXISTING PLATTED LOTS ARE VERY NARROW AND VERY SHORT.
THEY'RE 25 FEET WIDE AND 70 FEET IN DEPTH.
SO WE'RE PROPOSING IS TWO UNITS WITH A TWO UNITS EACH SHARING A COMMON WALL.
UM, THE HEIGHT IS TECHNICALLY ABOUT 2.75 STORIES, SO THEY'RE, THEY'RE 2200 SQUARE FOOT STRUCTURES.
THE THIRD STORY, UM, IS WILL HAVE A, A SMALL DECK THAT'S PROBABLY A QUARTER OF, OF THE, THE FOOTPRINT OF THE PROPERTY, AND THOSE WILL AATE WITH EACH OTHER.
SO IN A A WITH, WITH TWO UNITS SHARING A COMMON WALL, ONE THIRD FLOOR DECK WILL FACE NORTH ONE, AND THE NET ADJOINING THIRD FLOOR DECK WILL FACE SOUTH.
UH, THESE ARE THREE BEDROOM UNITS.
SO AS PART OF THE DESIGN, WE WOULD LIKE TO HAVE THE INTERNAL GARAGES FACING THE REAR TO A, FOR A DRIVEWAY AS
[00:30:01]
SHOWN ON THE SITE PLAN.UH, THE NEIGHBORS BEHIND US WERE VERY SUPPORTIVE OF THIS.
LIKE I SAID, THEY'VE, FOR DECADES, THEY'VE HAD A CINDER BLOCK WALL AS THEIR FENCE LINE.
WE'RE PROPOSING A SIX FOOT FENCE, DO A LITTLE BIT OF TREE PLANTING THERE ALONG THE DRIVEWAY, AND THAT WILL ACTUALLY OPEN UP THOSE BACKYARDS TO QUITE A BIT MORE SUNLIGHT THAN THEY'RE RECEIVING TODAY.
WE DO NOT FEEL THAT THE, THE THREE STORIES, WHICH REALLY THE WAY WE'RE FLIPPING THESE WITH THREE STORIES VERSUS TWO AND A HALF STORIES, WILL NOT REALLY OBSTRUCT THEIR VIEW SHED IN ANY WAY.
UM, AND THE 2.5 THAT'S CURRENTLY ALLOWED, WE ASKED FOR THE EXTRA THREE FEET FOR THE 38 FOOT IN HEIGHT, SO WE COULD HAVE SOME NICE PITCH ON THE ROOFS.
NOW, I, I BELIEVE STAFF IS, IS RECOMMENDING THAT WE HAVE CARPORTS INSTEAD OF GARAGES.
INTERNALLY, WE WOULD ASK THE COMMISSION THAT WE'D BE ALLOWED TO DO GARAGES JUST IN THE SITUATION WHERE MAYBE A FAMILY HAS JUST ONE CAR, THEY CAN USE HALF THEIR GARAGE STORAGE, OR IF THEY HAVE MOTORCYCLES, THINGS LIKE THAT, THEY MIGHT FEEL A LITTLE BIT MORE COMFORTABLE IF THEY HAVE THE SECURITY OF AN ACTUAL GARAGE DOOR.
UM, SO THOSE ARE OUR TWO, TWO REQUESTS FOR THE VARIANCES, OF COURSE, THE 38 FEET IN HEIGHT, THREE STORIES AND IN INTERNAL GARAGES.
UM, I WOULD ALSO LIKE TO SUGGEST OR STATE THAT ONE OF THE THINGS WE'RE DOING HERE, UH, IF YOU'RE FAMILIAR WITH THIS STREET, PLAYMORE, IS A VERY WIDE STREET.
IT'S ALMOST 80 FEET OF RIGHT AWAY.
WE'RE WORKING WITH THE CITY RIGHT OF AWAY DEPARTMENT TO, UH, INCREASE THE SIDEWALK BY ABOUT FIVE FEET.
SO WE WILL HAVE A 13 FOOT SIDEWALK ALONG PLAYMORE, WE BELIEVE THIS IS, THIS IS IMPORTANT IF YOU'RE, IF YOU'RE THERE IN THE MORNING OR THE AFTERNOONS, A LOT OF KIDS WALK ACROSS THIS STREET GOING BACK AND FORTH TO BRACKENRIDGE HIGH SCHOOL.
SO WE'D LIKE TO HAVE A NICE SORT OF STREET SCAPE WITH THREE PLANTINGS, MAYBE SOME PARK BENCHES, BECAUSE THESE STRUCTURES GONNA BE LOCATED VERY CLOSE TO THE STREET.
WE HOPE YOU WILL TAKE INTO CONSIDERATION THE, THE SMALL LOTS THAT WE'RE DEALING WITH HERE AND SUPPORT OUR VARIANCE.
IF YOU HAVE ANY COURT QUESTIONS, I'M HAPPY TO ANSWER THOSE.
ZEKE, DO WE HAVE, UH, ANY OTHER PUBLIC INPUT? AND COULD YOU PLEASE DEFINE MORE SPECIFICALLY WHAT THE, UH, STATEMENTS WERE MADE BY THE, UH, HISTORICAL SOCIETY AND, AND P R C? YES.
I'VE GOT THE, THE COMMENTS HERE THAT ARE, UH, THERE'S TWO LETTERS THAT ARE THE RECORD.
ONE IS FROM THE CONSERVATION SOCIETY, SO I'LL START WITH THE NEIGHBORS ASSOCIATION.
UH, IN GENERAL, THE LOCK LE NEIGHBORS ASSOCIATION SUPPORTS THIS PROJECT, A FEW CAVEATS ON DESIGN, BUT THAT CAN BE WORKED OUT LATER.
THE BIGGER CONCERNS IS THE L A IS IN THE PROCESS OF PROPOSING THE ENTIRE AREA TO BECOME PART OF THE LAVACCA HISTORIC DISTRICT.
THE L N A WOULD REQUEST THAT THE OWNERS, UM, THAT THE OWNERS WILL REQUIRE, UH, WILL PARTICIPATE IN THE SAME GUIDELINES AND OVERSIGHT THAT ALL BUILDINGS IN THE NEIGHBORHOOD FALLING TO FALL TO MEET THE HISTORIC DESIGNATION.
THIS DOES NOT NECESSARILY MEAN THAT RESTORATION BUILDINGS DEEMED HISTORICALLY NOT CON CONTRIBUTING, BUT WILL CON CONTRIBUTE TO THE CHARACTER IN THE FABRIC OF THE NEIGHBORHOOD.
WE SUPPORT THE EFFORT OF THE BUSINESSES AND PEOPLE TO MAKE CHANGES TO OUR NEIGHBORHOOD, UH, BUT WE NEED TO ASSURE, UH, THE ASSURANCE THAT THESE WILL BE DONE WITHIN THE GUIDELINES THAT WE HAVE WORKED ON, UH, MANY YEARS AND ENSURE THE QUALITY AND EQUITY, UH, THAT IS IMPORTANT TO US IS THE COMMUNITY.
THIS IS FROM CHERISE ROI, UH, PRESIDENT OF THE VCA NEIGHBORHOOD ASSOCIATION.
THE NEXT ONE IS FROM WESLEY, A OLIVER.
I OWN AND RESIDE AT THE PROPERTY LOCATED AT 1429 SOUTH PRESA.
WE OCCUPY THE LARGEST SINGLE PARCEL OF LAND OF BUDDING THE PROJECT ON PLAYMORE, AND WE STRONGLY SUPPORT THE PROJECT.
PLEASE RESPOND WITH ANY QUESTIONS OR COMMENTS.
AND AGAIN, WITH LEE OLIVER FROM THE CONSERVATION SOCIETY, THE CONSERVATION SOCIETY OF SAN ANTONIO CONCURRED WITH STAFF RECOMMENDATION TO DENY THE ZONING VARIANCES FOR THIS DEVELOPMENT.
THE STRUCTURE SHOULD STAY WITHIN THE 35 FEET HEIGHT ALLOWED, WHICH IS ALREADY CONSIDERED, UH, CONSIDERABLY TALLER THAN THE SURROUNDING RY CON, UH, STRUCTURES.
UH, THOSE ARE PREDOMINANTLY ONE STORY RESPECTFULLY.
THAT CONCLUDES ALL THE COMMENTARY FROM THE, UH, THAT WE RECEIVED.
UM, SO, UH, I GUESS AT THIS PARTICULAR POINT, THOSE ARE ALL THE QUESTIONS ON ALL THE STATEMENTS THAT WERE MADE.
NOW I HAVE ANY QUESTIONS FROM THE BOARD THAT NEED TO BE ASKED.
I, I'M NOT SURE IF THIS IS FOR THE APPLICANT OR STAFF, BUT I'M JUST CURIOUS, UM, THE RECOMMENDATION OF CARPORT OPPOSED TO AN INTERNAL GARAGE, IS THAT JUST FROM THE STANDPOINT OF, OF THE CARPORT MORE CLOSELY ADHERES TO THE, UM, CHARACTERISTICS OF THE NEIGHBORHOOD? BECAUSE IT
[00:35:01]
SEEMS LIKE AN INTERIOR GARAGE WOULD BE MORE ATTRACTIVE THAN A CARPORT.YOU HAVE TO KEEP IN MIND, WHEN THIS CONSERVATION DISTRICT WAS CREATED, IT WAS OUR FIRST ONE.
UM, AT THE TIME THAT WAS PART OF THE CHARACTERISTIC OF THE NEIGHBORHOOD.
THEY WANTED THE CARPORTS TO BE BEHIND THE FRONT FACADE OF THE STRUCTURE.
UH, BUT IF YOU'RE GONNA HAVE AN ATTACHED STRUCTURE THAT WERE, THEY WERE, YOU KNOW, SUPPORTING A CARPORT OVER A ATTACHED GARAGE WITHIN THE GUIDELINES THEY SPECIFICALLY IDENTIFIED IN PREFERRING A, UH, DETACHED GARAGE IN THE REAR YARD.
UH, THAT, UH, THAT, THAT'S BASICALLY WHY WE WERE RECOMMENDING THE CARPORT.
OUR, OUR ISSUE WITH A DETACHED GARAGE IS JUST BECAUSE THE LOTS ARE SO SHORT, I MEAN, THEY'RE 70 FEET AND WE NEED TO HAVE 25 FEET TURNAROUND SPACE.
SO TAKING INTO CONSIDERATION THE NEIGHBORS BEHIND US THAT WANTED SOME, SOME DAYLIGHT BACK THERE, WE THOUGHT IT WOULD BE BETTER TO HAVE AN INTERNAL GARAGE.
DOES THAT, UH, MEET YOUR REC UH, REQUIREMENTS FOR ANSWERING THE QUESTION? THANK YOU.
DO YOU HAVE ANY OTHER QUESTIONS FROM THE BOARD? ORIAN, MS. ORIAN? OKAY.
SO, UH, ON YOUR SITE PLAN, THERE'S A DASH LINE THAT RUNS PARALLEL WITH PLAYMORE.
IS THAT YOUR FIVE FOOT PERIMETER SETBACK? UM, YES, IT WOULD BE.
AND YOU'RE NOT PROPOSING TO, UH, CONSTRUCT A STRUCTURE IN THAT SETBACK, RIGHT? NO, WE ARE NOT.
AND HOW ARE, UH, HAVE Y'ALL TAKEN, UH, NOTICE ABOUT HOW YOU WOULD MEET YOUR AERIAL APPARATUS FIRE LANE? BECAUSE THESE ARE GONNA BE THREE STORIES.
I WAS JUST CONCERNED BECAUSE NOR GO AHEAD.
WELL, I, I'M JUST CONCERNED THAT, UM, YOU KNOW, YOU HAVE, UM, OVERHEAD UTILITY LINES THAT ARE PRETTY MUCH RIGHT ON THE PROPERTY LINE.
AND SO IF YOUR, IF YOUR BUILDINGS ARE SET BACK FIVE FEET AND, AND YOU HAVE TO MAINTAIN, I THINK IT'S 14 TO 39 FEET SO THAT THE LADDER CAN GET TO THE TOP.
I MEAN, I DIDN'T, IT WAS MY UNDERSTANDING THAT BETWEEN THE EDGE OF WHERE THE FIRETRUCK IS AND YOUR BUILDING, YOU CAN'T HAVE OBSTRUCTIONS LIKE POWER LINES, CABLE DATA, ALL THAT GOOD STUFF.
THERE'S LIGHTS, UH, STREET LIGHTS.
I'M TRYING TO FIGURE OUT HOW THIS, THIS DESIGN MEETS THOSE SAFETY PARAMETERS.
UM, YES, COMMISSIONER, THAT'S A, THAT'S A GOOD CATCH.
WE'RE ACTUALLY GOING TO BURY THOSE POWER LINES AND UTILITY LINES WITHIN THE NEW, THE NEW SIDEWALK WE'LL BE BUILDING.
UH, BUT YOU'RE ABSOLUTELY RIGHT.
THOSE, THOSE LINES WOULD BE IN THE WAY.
WE PROBABLY HAVE A U A C P S, YOU KNOW, 14 FOOT SWAY AERIAL EASEMENT, BUT WE ARE GOING TO, TO BURY THOSE LINES.
OH, WELL THEN THAT'S FANTASTIC.
I ALWAYS LIKE VARI UH, UTILITIES NOT ONLY TO GET THE EYESORE, BUT BECAUSE OF THE SAFETY FACTOR.
UH, DO WE HAVE ANY OTHER QUESTIONS FROM ANY OTHER BOARD MEMBERS? MANNA, MR. MANNA? YES, OF COURSE.
I MAY IT MR. THE ANSWER, BUT, UM, HOW FAR FROM THE STREET WILL THE FRONT OF THE BUILDING BE? SO HOW MUCH SPACE ARE YOU TALKING ABOUT? BECAUSE YOU TALKED ABOUT THE LARGER SIDEWALK, BUT HOW, HOW FAR AWAY FROM THE STREET WILL THOSE STRUCTURES BE? SO WITH THE LARGER SIDEWALK, THEY WILL BE, UM, 13 PLUS FIVE, ABOUT 15 TO 17 FEET FROM THE EDGE OF THE SIDEWALK.
SO WE'RE PROPOSING A 13 FOOT SIDEWALK? YES.
AND WHEN YOU MEAN EDGE OF THE SIDEWALK, YOU MEAN THE CURB OR YOU MEAN THE PROPERTY, THINGS LIKE THAT.
I, I MEAN, THE CURB, THE NEW CURB.
DOES THAT ANSWER YOUR QUESTION, MR. MAN? THANK YOU.
DOES ANYONE ELSE HAVE A QUESTION? UH, FOR THE, YEAH, MICKA, MR. MINKA, YOU HAVE FLOOR, UH, I'M CONCERNED OF THE 35 FEET TO 38 FEET, THAT THAT'LL BE THE TALLEST STRUCTURE AROUND THE AREA.
UH, WHAT BROUGHT IT UP NEXT TO THREE FEET? UH, I'M JUST CURIOUS ABOUT THAT PART.
WELL, SO IN WORKING WITH LAVACA, THEY REQUESTED THAT WE TRY TO DO, MAKE THESE LOOK AS BUNGALOW S AS WE CAN.
AND IN, IN LOOKING AT SOME OF THE STRUCTURES, ESPECIALLY BEHIND US ON BERING STREET, THEY HAVE, THEY HAVE FAIRLY HIGH PITCHED ROOFS.
SO WE WOULD LIKE TO, WE'RE NOT HAVING A SUPER HIGH PITCHED ROOF MIND YOU, BUT JUST A, A LITTLE BIT MORE OF A PITCH THAN SOME OF THE NEWER, MORE MODERN, FLAT ANGLED ROOFS.
WE WOULD LIKE TO HAVE MORE OF YOUR CLASSIC PITCH ROOF.
SO THAT'S WHY WE REQUESTED THAT.
UH, ANY OTHER QUESTIONS FROM THE, FROM THE BOARD? SHE, MICHELLE, UM, I JUST WONDERED IF STAFF COULD PUT UP THE, UH, DRAWING AGAIN, PLEASE? ARE YOU ASKING
[00:40:01]
FOR THE LAB OR ARE YOU TALKING ABOUT A RENDITION? I'M ASKING FOR, UM, THE DRAWING THAT WAS, UH, IN THE APPLICANT'S PRESENTATION THAT SHOWED THE FRONT ELEVATION, UH, ELEVATION.I HAVE, I'LL HAVE TO GO BACK A COUPLE OF, OF, UH, SITES.
DOES THAT, DOES THAT MEET YOUR NAME? YES.
I NEED, DO HAVE ANY STATEMENTS IN REGARD TO THESE, UH, ELEVATIONS THAT, DO YOU FEEL CONCERNED, MICHELLE? NO.
I DON'T, I JUST, I SEE IT CLOSELY DURING THE PRESENTATION.
NOW, THERE, THERE ANY OTHER QUESTIONS FROM THE BOARD? YEAH, I HAVE A QUESTION.
UH, THESE QUESTIONS HAVE TO DO MAINLY WITH, UH, PART OF THE PRESENTATION.
WE'RE LOOKING AT THE ELEVATION SITES HERE.
WAS THIS, UH, ELEVATION PRESENTED TO THE, UH, CONSERVATION SOCIETY? NO, IT WAS NOT BECAUSE WE, WE TECHNICALLY HAVE NOT HAD A FORMAL MEETING WITH THE CONSERVATION SOCIETY.
I, I'LL CERTAINLY REACH OUT TO PATTY MOVING FORWARD, ESPECIALLY WHEN WE GO FORWARD WITH THE PROPERTIES WITH MS. RIO BECAUSE WE'LL HAVE TO GO TO H D R C FOR DESIGN APPROVAL, BUT WE WERE MAINLY WORKING WITH THE NEIGHBORHOOD AT THIS POINT.
AND YOU, YOU SAY THESE ARE BUNGALOW STYLE THAT, IS THAT CORRECT? THAT'S THE IDEA.
I'M NOT AN ARCH ARCHITECT BY ANY MEANS.
WELL, I'M JUST GOING BY YOUR, YOUR DETERMINATION.
THE, THE, THE QUESTION THAT, UM, I GUESS THAT MOST PEOPLE WOULD BE ASKING IS, IS ARE THERE ANY OTHER STRUCTURES IN, IN THE IMMEDIATE VICINITY THAT, THAT MIMIC OR ARE SIMILAR TO THIS? YEAH, UM, THERE ARE COMMISSIONER, THERE'S A 1226 PREA.
IT'S THE SOUTH TOWN ONE DEVELOPMENT.
THOSE ARE, ARE THREE STORIES FAIRLY TALL.
I'M NOT SURE THE EXACT HEIGHT.
ADDITIONALLY, AROUND THE CORNER OF LOTUS AND SOUTH PRESA, THERE'S THREE STORY STRUCTURES.
AND THEN, UM, I'VE WORKED ON A PROJECT AT ST.
MARY'S AND JACOB'S, WHERE THREE STORIES WAS APPROVED THERE AS WELL.
SO THERE, THERE ARE SOME EXAMPLES.
SO BASICALLY YOU'RE NOT TALKING ABOUT HISTORICAL STRUCTURE, YOU'RE TALKING ABOUT CURRENT PROJECTS THROUGHOUT THAT AREA? YEAH.
I, I DO BELIEVE THE 1226 SOUTH
SO WE'RE YOU'RE FOLLOWING A SIMILAR PATH THAT YOU HAVE FOR THE PREVIOUS CONSTRUCTION PROJECTS, UH, TO GET THEM, UH, CITY APPROVAL OF ALL THE DIFFERENT DEPARTMENTS, CORRECT? CORRECT.
NOW, THE BOARD HAS HAD HAD AN OPPORTUNITY TO HEAR WHAT I'VE SAID.
IS THERE ANY OTHER QUESTIONS YOU'D LIKE TO ASK? UH, FISHER, MS. FISHER, YOU HAVE A FLOOR? YES.
UH, HOW WILL THE, UH, LOCKS THAT ARE NOT UNDER CONSIDERATION TODAY THAT ARE IN CONTINUANCE, HOW WILL THEY DIFFER FROM THE ONES YOU'RE PRESENTING TODAY? SO THE, THE HARD CORNER OF PLAYMORE AND ST.
MARY'S, UM, WE'RE BASICALLY PROPOSING SOMETHING VERY SIMILAR.
UM, SAME HEIGHT, JUST WE'RE, WE'RE STILL WORKING ON THE DESIGNS, AS YOU KNOW, TO GO TO THE HISTORIC DESIGN REVIEW COMMISSION FOR PRELIMINARY APPROVAL REQUIRES MUCH MORE DETAIL THAN WE'VE DONE TO THIS DATE.
BUT IF WE KNOW, WE, WE JUST PASSED ZONING COMMISSION LAST WEEK.
WE GOT PERMISSION TO DEMOLISH THE STRUCTURES.
HOPEFULLY WE'LL GET A VARIANCE APPROVED HERE TODAY.
AND THE, THE, THE IMAGINE HOMES WILL START REALLY NAILING DOWN THOSE DESIGNS AND WE'LL SUBMIT AN APPLICATION TO H D R C AT THE, UH, RIGHT AFTER THE FIRST OF THE YEAR.
THE, THE OTHER LOT THAT'S INCLUDED WITH THIS, IF YOU GO SOUTH ONE LOT ON SOUTH ST.
MARY'S STREET, THAT WILL BE A TWO STORY STRUCTURE AND IT WILL HAVE A DETACHED GARAGE.
WE DID NOT INCLUDE THAT IN THIS VARIANCE REQUEST.
AND THEN THE NEXT LOT SOUTH, WHICH IS ALSO PART OF WHAT IMAGINE HOMES IS PURCHASING, IS AN EXISTING HOME.
UH, IMAGINE HOMES IS GOING TO RESTORE THAT.
THEY, WE DID NOT REQUEST DEMOLITION.
UM, WE WILL LEAVE THAT HOUSE AS IT IS.
IT'LL BE CONSISTENT WITH THE CARPORTS AND THREE STORIES OR TWO.
UH, THAT, UH, I, I'M HOPING THAT, UH, WE HAVE NOW ANSWERED SOME OF THE QUESTIONS BEFORE IT HAS.
UM, ANYONE ELSE? UH, THE LAST QUESTION I HAVE FOR YOU IS, IS THAT I UNDERSTAND THAT YOU'RE TO BUILD THE, UH, GARAGE, UM, MAKES THE PROPERTY A LITTLE BIT MORE MARKETABLE THAN THE CARPORTS AND, UH, PROBABLY ADDS A LOT OF MORE SECURITY TO THE, UH, VEHICLES FOR THE
[00:45:01]
PURCHASES OF THIS PROPERTY.UM, HAVE YOU, UH, YOU TAKE CONSIDERATION THE, UH, UH, PARKING, UH, THAT WILL BE NEEDED BEYOND THE, UH, PARKING THAT THE
MARY'S, IMPREZA, THOSE ARE BASICALLY FOUR LANE STREETS WILL BE NO, NO, UH, OFF STREET PARKING THERE, BUT PLAYMORE IS A PRETTY QUIET STREET OTHER THAN THE CHILDREN THAT WALKED TO AND FROM SCHOOL.
THERE AREN'T, THERE'S NOT MUCH TRAFFIC ON THAT STREET.
SO WE THINK THERE'LL BE PLENTY OF STREET PARKING FOR THIS UNIT.
NO OTHER QUESTIONS FOR THE BOARD? UH, EXCUSE ME.
ALRIGHT, THEN I'M GONNA CLOSE THIS PORTION TO THE, UH, PUBLIC AND ENTERTAIN A MOTION.
WOULD YOU HAVE THE REQUEST ON THE FLOOR FOR THE CONTINUANCE OF LOTS? 1 26 AND 27? OH, I, YES.
UM, THAT WASN'T MENTIONED IN THE STAFF'S PRESENTATION, AND I'M NOT PARTICULARLY, UH, SURE.
OF WHICH OF THESE PROPERTIES ARE THOSE LOTS.
UH, ULTIMATELY IT WAS MENTIONED IN THERE, BASICALLY WHAT HAPPENED WAS THIS, IT'S IN THE RIO, THERE WAS A MISCOMMUNICATION SINCE THEY'RE SINGLE FAMILY ON SINGLE LOTS.
SO AN INTERPRETATION THAT IT WOULDN'T ORIGINALLY BE REQUIRED TO GO TO HRC.
THEN IT CAME BACK THAT IT SENT IT AN OVERALL PROJECT THAT THOSE SPECIFIC LOTS WOULD HAVE TO GO.
SO WHAT WE'RE GONNA BE DOING IS REQUESTING A CONTINUOUS THOSE LOTS, IT GIVES, UM, THE APPLICANT ENOUGH TIME TO GO TO H C FOR REVIEW.
CAN YOU POINT OUT THOSE LOTS ON THIS MAP? BECAUSE I CAN'T READ THE PRINT.
JUST ONE LOCK, IT EXTENDS ALONG THOSE PROPERTIES ON ST.
THEN WE'LL NEED A MOTION FOR THE CONTINUANCE.
AND, AND WHAT, WHAT ARE THOSE LOT NUMBERS? LOTS? 1 26 AND 27.
SO I NEED A, I NEED A MOTION FROM EXCUSE ONE LOT ONE, LOT 26 AND LOT 27.
SO THERE'S TWO, THERE'S THREE LOTS.
SO I'LL NEED A MOTION FROM THE BOARD, UH, FOR CONTINUATION OF THE REVIEW OF THESE CASES, UH, ALLOWING US TO, UH, CONSIDER THE REMAINDER.
UH, CAN I GET A BOARD MEMBER TO MAKE THAT, UH, REQUEST FOR CONTINUANCE OR IAN? YEAH.
I, I MOVED THAT WE CONTINUED THE, THE LOT SPECIFIED, I BELIEVE 26 1 26, 1 27.
PATRICK, WHAT WORKS FOR YOU? MARCH 15TH, BOARD OF ADJUSTMENT HEARING.
WHO MADE THE SECOND ON THIS, UH, CONTINUOUS MOTION.
LET'S GO AHEAD AND TAKE A ROLL CALL.
YES, I APPROVE FOR CONTINUANCE.
MR. BATTLE IS STILL NOT ON, UH, MR. MENCHACA A CONCURRENT WITH A CONTINUANCE.
MR. TEAL? YES, I AGREE WITH THE CONTINUANCE.
[00:50:01]
MEADOW? I AGREE WITH CONTINUANCE.MS. BRACKMAN? YES, I AGREE WITH THE CONTINUANCE.
UH, I AGREE WITH THE MOTION FOR CONTINUANCES.
I BELIEVE THAT PASSES SO THAT THAT PORTION OF THIS, UH, ISSUE HAS GONNA CONTINUE TO MARCH THE 15TH, 2021.
NOW I NEED A MOTION FROM THE BOARD, UH, FOR THE REMAINDER OF THE PROPERTIES AND THE AS FOR THE REQUEST ORIAN? YES, DO.
REGARDING CASE NUMBER BO A DASH 20 DASH OH THREE NINE, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ZONING VARIANCES FROM THE SOUTH PRESA AND SOUTH ST.
MARY'S NEIGHBORHOOD CON CONSERVATION DISTRICT DESIGN REGULATION FOR LOTS 13 THROUGH 25, AS SHOWN AS ON THE, UH, SUBMITTED SITE PLAN TO ALLOW FOR ONE, A NEW RESIDENTIAL DEVELOPMENT TO BE THREE STORIES AND 38 FEET IN HEIGHT AND TWO ATTACHED REAR FACING GARAGES TO BE CONSTRUCTED.
MARY'S STREET, ONE 20 PLAYMORE STREET, AND 1423 SOUTH PREFACE, SOUTH PREFACE STREET AS SO APPLICABLE APPLICANT BEING PATRICK WILLIAM CHRISTENSEN.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDMENT WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUESTED VARIANCES FOR THE BUILDING HEIGHT AND ATTACHED GARAGE ARE NOT CONTRARY TO PUBLIC INTEREST IS THAT IT DOES NOT NEGATIVELY IMPACT ANY SURROUNDING PROPERTIES OR THE GENERAL PUBLIC.
THE PROPOSED DEVELOPMENT WILL IMPROVE THE EXTERIOR IFICATION OF SURROUNDING AREA TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN HARDSHIP TO ACCOMMODATE THE SUITABLE DENSITY FOR THIS LIE.
THE APPROVED SITE PLAN WITH THE REZONING SHOWED THE PROPOSED SITES TO A PUBLIC PROCESS.
BY ING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS IS TO ENCOURAGE DEVELOPMENTS THAT PRESERVE THE CHARACTER AND CULTURE OF THE LAKA COMMUNITY.
THE PROPOSED DEVELOPMENT WILL COMPRISE THE ENTIRE BLOCK BASE BETWEEN TWO MAJOR CORRIDORS.
THEREFORE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
THE REQUESTED VARIANCES WILL NOT PERMIT A USE NOT AUTHORIZES IN THE DISTRICT.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY ORDERS OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUESTED VARIANCES WILL POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES, WHICH INCLUDE THE BRACKENRIDGE HIGH SCHOOL CAMPUS.
SEVERAL COMMERCIAL AND RESIDENTIAL USES ALONG THE REAR SIDE OF THE SUBJECT PROPERTY, FIXED THE P TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES ARE 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 IN WHICH THE PROPERTY IS LOCATED.
THE UNIQUE CIRCUMSTANCES EXISTING ON THIS PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER AND, AND IS NOT FINANCIAL IN NATURE.
THE NC D ONE DESIGN GUIDELINES OF THE MAXIMUM BUILDING HEIGHT AND THE TYPE OF PERMITTED GARAGE LIMIT THE DEVELOPMENT AS IT WAS INTENDED END OF MOTION.
MR. DO DO WE HAVE A SECOND? SECOND.
ALRIGHT, LET'S START THE DISCUSSION, MS. IAN.
UH, I'M GONNA BE IN SUPPORT OF THIS AS RED.
YOU KNOW, I, I DO A NUMBER OF THESE I D Z THINGS ARE VERY TOUGH TO DO TO MEET UTILITY SERVICE FIRE AND PROVIDE ADEQUATE PARKING.
I THINK, UH, THE REAR GARAGES ARE A GOOD IDEA BECAUSE THEY DO ALLOW FOR PARKING ALONG THE FRONT AND THAT'S GOING TO BE A BENEFIT THAT THE NEIGHBORS ARE GOING TO REALLY LIKE, UH, THIS MOVES FORWARD.
SECONDLY, WITH THE SURROUNDING STREETS, UH, BOTH BEING ARTERIAL CLASS STREETS, IT, IT IS A TRAFFIC SAFETY PART OF THE U D C THAT DOES LIMIT ACCESS POINTS TO 125 FEET FROM THOSE HARD CORNERS.
THEREFORE, BY, BY HAVING A SINGLE DRIVE INSTEAD OF, UM, YOU KNOW, 10 OR 12 INDIVIDUAL DRIVEWAYS BACKING OUT TOO CLOSE TO A, AN ARTERIAL, I THINK THIS IS A, A SAFE, UH, ENDEAVOR FOR THIS DEVELOPMENT.
NOW, MS. FISHER, DO YOU HAVE ANY INPUT? YES, UH,
[00:55:01]
I AGREE WITH MY COLLEAGUE.I BELIEVE FOR SECURITY REASONS AS WELL AS, UH, YOU KNOW, THE DEPTH AND BREADTH OF THIS PROJECT.
I THINK THE DEVELOPER HAS DONE A VERY GOOD JOB IN MAXIMIZING THE SITE AS WELL AS OFFERING OPPORTUNITY FOR THE NEIGHBORHOOD TO HAVE MORE DEVELOPMENT IN THE INNER CITY, WHICH I THINK IT AT A HIGHER DENSITY, IT IS, UH, NEEDED AT THIS TIME.
THAT BRINGS UP A VERY STRONG POINT HERE.
WE DID NOT, UH, DO ANY ALTERATIONS TO THE, TO THE ORIGINAL MOTION.
THEREFORE, UH, FROM MY UNDERSTANDING HERE, WE'RE APPROVING THE, UH, CONSTRUCTION OF THE GARAGE INSTEAD OF THE CARPORT.
UM, SO KEEP THAT IN MIND WHEN YOU'RE VOTING.
UH, SECOND, SECONDLY, THAT, UH, UH, THAT WE HAVE, UM, TAKEN IT ALSO THAT, UH, THIS IS BEING ACCEPTED AS PRESENTED TO US.
DOES ANYONE ELSE HAVE ANY INPUT? RAGMAN, RAGMAN, GO AHEAD.
YOU HAVE FOUR? YEAH, I AGREE WITH MY COLLEAGUES.
I THINK THAT THIS IS GONNA MAKE, UH, WITH THE ADDITION OF THE INTERIOR GARAGES, I THINK THIS IS GONNA MAKE A MUCH MORE ATTRACTIVE PROJECT AND MUCH MORE MARKETABLE.
ANYONE ELSE? SHE, MICHELLE? YES.
I'M ALSO GOING TO BE SUPPORTING THIS PROJECT.
UM, IN ADDITION TO WHAT MY COLLEAGUES HAVE SAID, I NOTICED THAT THERE, UM, IS SOME, UH, SIMILAR DEVELOPMENT ONLY A COUPLE BLOCKS AWAY.
AND I THINK THIS, UM, IS GOING TO FIT IN WITH THE CHARACTER OF THE OVERALL SURROUNDING AREA.
UM, AND I REALLY APPRECIATE THE WAY THE APPLICANT HAS, UH, WORKED WITH THE COMMUNITY TO GET THEIR SUPPORT AS, UM, AND I AGREE THAT THE GARAGES ARE A BETTER FIT FOR THIS LOCATION, UM, RATHER THAN THE CARDBOARDS.
AND ANYONE ELSE? I HAVE A DIFFICULT TIME WITH THIS PARTICULAR, UH, CASE, NOT JUST BECAUSE OF THE FACT THAT, UH, WE'RE, WE'RE NOT, WE'RE NOT ACTUALLY TALKING ABOUT FITTING INTO A NEIGHBORHOOD.
WE'RE ACTUALLY ABOUT FITTING INTO A NEW TYPE OF NEIGHBORHOOD BECAUSE THIS IS A NEW, UH, DEVELOPMENT, WHICH IS APPARENTLY A STRATEGY THAT'S BEING USED IN VARIOUS NEW DEVELOPMENTS AND DOES NOT ACTUALLY MEET THE, UH, I WOULD THINK THE REQUIREMENT OF BUILT FITTING INTO THAT PARTICULAR TYPE OF NEIGHBORHOOD, ESPECIALLY IN CONSIDERATION ADDITIONAL HEIGHT.
BUT, UH, I'M GONNA BE IN SUPPORT OF THIS, UM, BECAUSE OF THE FACT THAT IF SOMETHING ISN'T DONE IN THIS PARTICULAR LOCATION, THEN WE'RE GONNA CONTINUE TO HAVE THE TYPE OF ISSUES THAT WE HAVE ON THAT, IN THAT AREA THAT, UH, ARE NOT, UH, IN FAVOR OF FURTHER PEOPLE LIVING IN THE DOWNTOWN AREA.
SO LET'S GO AHEAD AND TAKE A ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MS. RAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
MS.
YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ.
I CONCUR WITH THE FINDINGS OF FACT.
PLEASE PAY YOUR ATTENTION TO THE PROJECT THAT YOU'RE WORKING AND WORK WITH THE, UH, OTHER DEVELOPMENTAL AID ENTITIES AROUND, UH, BECAUSE, UM, WE DO WANNA HAVE SAN ANTONIO MAINTAIN SOME SORT OF CONSISTENT CHARACTER, UH, FOR THE FUTURE, AND THAT'S REAL REASONS WHY WE'RE HERE.
ALL RIGHT, SO WE GO TO OUR NEXT CASE, A 21 0 3 0 0 1 0 7
[4. 20-7354 BOA-20-10300107]
LOCATED AT 6 2 2 6.WELL, 12TH STREET DRIVE COUNCIL DISTRICT SEVEN.
THE APPLICANT IS JUAN GARCIA TO REQUEST FOR A NINE FOOT FOUR INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW AN ATTACHED CARPORT TO BE EIGHT INCHES AWAY FROM THE FRONT PROPERTY LINE.
CURRENT ZONING IS R SIX RESIDENTIAL.
SUBJECT PROPERTY IS LOCATED MIDBLOCK AT 62 26 WELLS CREEK DRIVE.
APPLICANT IS REQUESTING A VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW AN ATTACHED CARPORT TO BE EIGHT INCHES AWAY FROM THE FRONT PROPERTY LINE.
APPLICANT RECEIVED A CODE VIOLATION FOR BUILDING WITHOUT A PERMIT AND HAS STOPPED WORK WORKING ON THE CARPORT SITE PLAN OF THE, OF THE SUBJECT
[01:00:01]
PROPERTY.ALL RIGHT, THIS IS THE SUBJECT PROPERTY ITSELF WITH CARPORT SURROUNDING AREA.
WE SENT OUT 28 NOTICES TO RECEIVED IN FAVOR AND TO IN OPPOSITION, NO RESPONSE.
RESPONSE FROM THE AMO FARMSTEAD BABCOCK ROAD NEIGHBORS ASSOCIATION.
WE DO HAVE MR. JUAN GARCIA ON THE ON THE LINE.
MR. GARCIA, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
SIR, YOU HAVE TO UNMUTE YOURSELF, SIR.
MR. GARCIA, ARE WE HAVING TECHNICAL DIFFICULTIES WITH THE APPLICANT? SIR, SIR? UH, PRESS STAR SIX.
YOU THERE MR. GARCIA? HELLO? OH, THERE YOU GO.
SIR, STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD, SIR, AND YOU CAN START YOUR PRESENTATION.
I LIVE AT, UH, 6 2 2 6 WALLACE CREEK DRIVE, SAN ANTONIO, TEXAS 7 8 2 4 0.
AND I AM TRYING TO BUILD A CARPORT IN ADDITION TO MY GARAGE DUE TO, UH, SOME, MY TRUCK IS KIND OF A LARGE TRUCK.
IT'S A FOUR DOOR F TWO 50 AND AN SS U V VEHICLE THAT HAS NO ROOM IN THE GARAGE.
AND WE FEEL THAT AN ADDITION TO THE GARAGE, IT, IT REALLY ENHANCES THE LOOK AND, AND PROPERTY VALUE OF THE NEIGHBORHOOD.
UH, I DON'T SEE ANY, ANY KIND OF OBSTACLES TO, UH, PEOPLE DRIVING BY OR HAVE DIFFICULTY SEEING THEIR WAYS TOO, IN AND OUT OF THE STREET.
SO I WILL ASK FOR YOUR CONSIDERATION TO ALLOW ME BUILD, UH, MY CARPORT, BUT DUE THAT IF I GO BACK 10 FEET FROM THE, UH, FROM THE APPROACH, IT'S GOING TO LEAVE ME A, AN 11 FOOT CARPORT, WHICH REALLY HAS NO USE FOR IT AND IT ACTUALLY WILL LOOK KIND OF SAD.
SO I WILL HOPE YOU CONSIDER MY PETITION AND ALLOW ME TO CONTINUE, UH, DOING MY PROJECT.
UH, DO WE HAVE ANY INPUT FROM THE PUBLIC? YES, SIR.
WE HAVE THREE COMMENTS TO READ INTO THE RECORD AND WE HAVE ONE VOICEMAIL.
GO AHEAD AND WE'RE GONNA START WITH A VOICEMAIL, SIR.
HELLO, MY NAME IS RACHEL CHAPMAN.
I'M CALLING AGAIN BECAUSE I BELIEVE I FORGOT MY PHONE NUMBER IN THE LAST MESSAGE THAT I SENT.
UM, SO I'M CALLING IN REGARDS TO CASE, UM, B O A DASH TWO ZERO DASH 1 0 3 0 0 1 0 7.
UM, MY ADDRESS IS 6 2 1 9 WELLS CREEK DRIVE, WHICH IS JUST ABOUT DIRECTLY ACROSS THE STREET FROM, UM, 6 2 2 6 WELLS CREEK DRIVE.
UM, MY NUMBER IS 3 3 4 5 2 4 0 4 9 1 AND WE ARE IN FAVOR OF OUR NEIGHBORS, UM, CONSTRUCTING THEIR CARPORT.
OKAY, SO THE FIRST LETTER IS FROM CHRIS AND MARLINA POLO.
THEY'RE AT 62 30 WELLS CREEK DRIVE.
HELLO, THIS IS AN, A RESPONSE TO THE NOTICE OF BOARD OF ADJUSTMENT REQUEST REGARDING 62 26 WELLS CREEK.
WE ARE IN OPPOSITION OF THE REQUEST TO ADD A CARPORT WITHIN EIGHT INCHES FROM THE FRONT PROPERTY LINE THAT AFFECTS OUR PROPERTY VALUE AND OTHERS, OTHER PROPERTY PROPERTIES IN OUR NEIGHBORHOOD AS WELL.
FROM WHAT I UNDERSTAND, THE CARPORT EXPANSION IS TO A HOUSE, A COMMERCIAL VEHICLE, WHICH SHOULD BE STATIONED AT A DESIGNATED PLACE OF BUSINESS.
SINCERELY, CHRIS AND MARLE ELLO.
SECOND LETTER IS FROM, UH, SHELLY WPO AT 63 15 BROOK DRIVE.
I'M WRITING TO RESPOND TO THE B O A REQUEST REGARDING SUBJECT AT 62 26 WELLS CREEK.
[01:05:01]
TO ALLOWING A VARIANCE REQUEST.A, A SMALL VARIANCE FROM 10 FEET EFFECT WOULD BE ACCEPTABLE, BUT THIS CARPORT AS REQUESTED WILL, WILL HAVE A NEGATIVE IMPACT ON THE DESIRED CURB APPEAL IN OUR NEIGHBORHOOD.
NEXT COMMENT WAS RECEIVED BY CATHERINE HEINER AT 88 0 2 WOLVES CREEK CIRCLE.
UM, NO PROBLEM WITH PROJECT REQUESTED.
THAT CONCLUDES ALL THE COMMENTARY.
UH, NOW THAT WE'VE HAD, UH, STAFF, APPLICANT AND A FEW, UH, PUBLIC NOTICES READ INTO RECORD, UH, NO, ASK THE BOARD IF THEY HAVE ANY QUESTIONS FOR THE STAFF OR FOR THE APPLICANT BOARD? NO.
UM, THE QUESTION IS FOR THE APPLICANT.
SO WE HAVE, UM, A REQUEST HERE.
WERE ONE OF THE, ONE OF THE PEOPLE COMMENTED WERE IT WASN'T IN, UH, I GUESS IN IN, UH, CONSISTENT WITH THE REST OF THE NEIGHBORHOOD.
ARE YOU FAMILIAR WITH ANY OTHER CARPORTS THAT ARE IN THE NEIGHBORHOOD AT ALL THE QUESTIONS FOR THE A ARE THERE ANY OTHER CARPORTS? UM, YES.
I DIDN'T HEAR THE QUE THE ANSWER.
YES, THERE'S A COUPLE CAR NEIGHBORHOOD AND I DON'T THINK THEY REALLY LOOK BAD.
I THINK IT'S AN ADDITION TO THE, TO THE PROPERTY VALUES AND THEY DON'T INTERFERE WITH, UH, SITE'S VISION OF, UH, ANY KIND AS YOU'RE DRIVING.
BUT IT, IT ACTUALLY IS, UH, A GOOD ASSET TO THE PROPERTY.
SO LOOKING AT GOOGLE MAPS, I SEE ONE CARPORT, UH, ONE ATTACHED CARPORT IN THE ENTIRE 256 NEIGHBORS THERE.
SO I SEE ONE, I'M NOT SURE IF THERE'S MORE THAN THAT.
UM, UM, BUT THAT ONE DOES LOOK LIKE IT'S THE RIGHT DISTANCE OFF THE STREET, SO, SO THEY WERE COMPLIANT APPARENTLY WITH, WITH THE RESTRICTIONS.
SO, UM, YOU KNOW, I GUESS THAT THE REQUEST HERE, ONE OF THE OTHER PEOPLE COMMENTED THAT IT'S TOO CLOSE TO THE FRONT.
SO, UM, COULD IT BE SHORTENED AT ALL AS FAR AS THE REQUEST OR, UH, IT, IT COULD BE POSSIBLE, BUT I MEAN, STAYING AWAY, UH, TOOK FEET FROM THE, FROM THE CURB, WHICH IS THE APPROACH.
IT ACTUALLY LEAVES A REALLY GOOD SIDE OF THE STREET.
THERE ARE TREES, UH, ON BOTH SIDES OF THE CARPORT, WHICH REALLY IS NO MORE THAN MAYA POSTS THAT ARE GOING TO SUPPORT THE CARPORT.
SO I REALLY DON'T SEE ANY OBSTACLES TO THE PEOPLE DRIVING BY.
UM, I GUESS MR, BEFORE WE BEGIN, I GUESS I'M GONNA TRY TO IMPROVE ON THAT QUESTION.
UH, MR ASKED, HOW LONG IS THE CARPORT EXTENDING FROM THE HOUSE TO THE UNDER CURRENT CONSTRUCTION THAT YOU'RE DONE? HOW LONG IS THAT FAR FORWARD? TOWARDS THE STREET, IT EXTENDS 22 FEET FROM THE HOUSE.
THAT'S THE QUESTION I WANTED TO HAVE ANSWERED.
ALL RIGHT, IAN, GO AHEAD AND ANSWER YOUR QUESTION.
UH, I KNOW THAT YOU'RE CURRENTLY IN PERMITTING, BUT FROM THE PICTURE, YOU'VE GOT THREE POSTS THAT APPEAR TO BE FOUR BY FOURS, BUT THEN YOU HAVE ONE POST THAT'S COMPRISED OF, I GUESS FOUR DIFFERENT, TWO BY FOURS.
IS THIS THING, HAVE YOU HAD AN ENGINEER DESIGN THIS? NO, THIS IS JUST TEMPORARY BRACES AS WE WERE TRYING TO BUILD IT.
UH, THOSE, THE, THE POST WILL BE, UH, 12 BY TWELVES ALL THE WAY AROUND ONCE IT'S COMPLETED.
THOSE ARE JUST KIND OF A TEMPORARY, AS WE, YOU KNOW, BRACING THE, THE SUPPORT, THE, THE EXTRACT.
THEY'RE NOT, THEY'RE NOT FINE.
AND THEN YOU, YOU HAD MENTIONED IT EXTENDS 22 FEET OUT.
UM, UM, HOW LONG IS YOUR F TWO 50? 'CAUSE THAT'S REALLY THE DRIVING, UH, VEHICLE IN AT PLAY HERE, CORRECT? YEAH, IT'S THE LARGEST VEHICLE.
DO WE HAVE ANY OTHER QUESTIONS FOR OTHER BOARD MEMBERS? OKAY.
THE QUESTION I HAD, YOU KNOW, MR. ORIAN BROUGHT A VERY GOOD, UH, QUESTION HERE IN REGARD TO SUPPORT OF THE STRUCTURE.
OBVIOUSLY YOU HAD PLANS ON BUILDING THIS THING ALL THE WAY TO THE PROPERTY LINE BECAUSE THAT'S WHERE YOUR, YOUR UP YOUR BASE BLOCKS ARE.
IF YOU'RE GONNA HAVE 12 BY 12, AND I WOULD ASSUME THAT WOULD'VE
[01:10:01]
BEEN BRICK COLUMNS OF SOME SORT OR WOOD COLUMNS, BUT 12 BY 12 WOULD TAKE YOU DIRECTLY TO THE PROPERTY, UM, STAFF.ARE YOU, UH, THE QUESTION I HAVE FOR YOU ON THIS IS THAT WHEN YOU TOOK THESE MEASUREMENTS, WERE YOU MEASURING FROM THE POST OR THE ACTUAL OVERHANG OF THE STRUCTURE? DOES IT ACTUAL OVERHANG GO TO THE PROPERTY LINE? WE MEASURED IT STRICTLY FROM THE POST ITSELF.
WE MEASURE IT TO WHAT WAS ASSUMED TO BE THE PROPERTY LINE, WHICH IS THE FLARE.
SO IN THAT, IN ESSENCE, THERE'S A POSSIBILITY THAT THIS CUT STRUCTURE ACTUALLY HANGS OVER CITY PROPERTY WITH THE OVERHANG THAT IS A POSSIBILITY? YES, SIR.
SO IT SEEMS TO ME THAT WE HAVE A, UH, WE HAVE SEVERAL ISSUES HERE TO DEAL WITH.
FIRST OF ALL, MR. ORIAN BROUGHT UP A VERY GOOD POINT ABOUT ENGINEERING.
OBVIOUSLY IT DOES LOOK LIKE A SUPERSTRUCTURE, BUT THE SUPPORT DOES NOT, DO NOT MEET THE, UH, REQUIREMENTS TO SUPPORT SUCH MASS.
AND THE SECOND IS WITH MEASUREMENT FROM THE STREET TO THE, TO, TO THE TEMPORARY TWO BY FOUR THAT'S SUPPORTING THAT.
WE HAVE NO IDEA OF WHERE THE OVERHANG, UH, OF, OR THE ACTUAL STRUCTURE HANGS OVER THE PROPERTY LINE OR NOT.
UM, IF, UH, I THINK THAT UNDER THOSE CIRCUMSTANCES, WE HAVE TO MAKE A DECISION ON WHETHER, ON HOW WE'RE GONNA APPROACH THIS PARTICULAR APPLICATION BECAUSE, UM, IF WE SAY EIGHT INCHES FROM THE PROPERTY LINE, MY, AND, UH, I KNOW THAT, THAT IT VARIES DEPENDING ON WHO WANTS TO INTERPRET THIS.
BUT IF WE SAY THAT IT'S NO CLOSER THAN EIGHT INCHES TO THE PROPERTY, THAT MEANS THE ROOF HAS TO BE CUT BACK AS WELL, UH, IN ORDER TO ACCOMMODATE THAT PARTICULAR RESTRICTION.
NOW, WE'RE GONNA SAY, AS PRESENTED, AND WE'RE ACCEPTING THE FACT THAT THIS CARPORT MAY BE EXTENDED OVER CITY PUBLIC PROPERTY, AND THAT MAY BECOME A PROBLEM LATER ON WITH UTILITIES.
I JUST WANTED TO BRING THIS OUT TO THE STAFF TO, TO UNDERSTAND, UH, AND FOR THE BOARD TO RECOGNIZE THE TYPE OF PROBLEMS WITH THIS TYPE OF STRUCTURAL.
WE DON'T HAVE ADEQUATE, UH, NUMBERS OR PHOTOGRAPHS OF WHAT THE POSSIBILITIES ARE.
UM, THE BIGGEST PROBLEM THAT I SEE IN, IN DEALING WITH COURT ENFORCEMENT RIGHT NOW, AND ALSO THE BOARD OF DISTRICT, IS TO MAKE SURE THAT WHAT WE DO COMPLIES WITH THE WILL OF THE NEIGHBORHOOD AND WITH THE, UH, REQUIREMENTS AND LIMITATIONS OF THE CODE.
SO I DON'T KNOW HOW TO APPROACH THIS IN REGARD TO THIS, BUT, UM, I'M GONNA GO AHEAD AND, UH, I'M GONNA, UH, SINCE THE APPLICANT HAS HAD AN OPPORTUNITY, UH, TO RESPOND AFTER THE, UM, UH, THE LETTERS WERE WRITTEN IN, HE COVERED SOME OF THE POINTS THAT THEY HAD MADE.
I'M GONNA GO AHEAD AND CLOSE THIS REPUBLICAN.
I'M GONNA ENTERTAIN A MOTION FROM THE BOARD AND PLEASE TAKE IN CONSIDERATION WHAT I POINTS I'VE JUST MADE ABOUT POSSIBILITIES BECAUSE EITHER WE'RE GONNA BUILD THIS THING THE WAY IT IS OR LET CONTINUE TO THE WAY IT'S, OR WE'RE GOING TO ACTUALLY DEFINE THE LIMITATIONS OF WHAT THEY, WHO SHOULD BE, WHO WOULD LIKE TO MAKE A MOTION? MA, MR. MANNA? YOU HONOR, BEFORE THE MOTION MADE, LEMME MAKE A CLARIFICATION THAT THIS WILL HAVE TO GO THROUGH PLAN OF VIEW, AND THAT WILL BE AN ISSUE AS WELL.
UH, IF THE SURVEY'S GONNA BE REQUIRED, THEN THE APPLICANT
AND JUST TO ALSO CHIME, CLARIFY, MAY THAT, UM, DEPENDING UPON THE RESULTS OF WHERE THAT PROPERTY LINE IS AND, AND COMBINED WITH THE RESULTS OF TODAY'S BOARD OF ADJUSTMENT HEARING MAY REQUIRE THE APPLICANT TO MAKE MODIFICATIONS.
SO WHAT YOU SEE HERE TODAY MAY NOT BE THE ULTIMATE PRODUCT ONCE THOSE TWO COMPONENTS ARE FACTORED IN TOGETHER.
THAT SPECIFICALLY WAS MY POINT.
AND, UH, SO I JUST, THAT'S THE REASON WHY I WANTED WHOEVER MAKES THE MOTION TO CONSIDER WHAT HE'S, HOW HE'S WORDING THIS, BECAUSE IT WOULD BE CRITICAL FOR STAFF IN DEALING WITH THIS PARTICULAR APPLICANT.
SO, MR. MANNA, I BELIEVE YOU WERE STARTING TO MAKE A MOTION.
THE FLOOR REGARDING CASE NUMBER BO A 2 1 0 3 0 0 1 0 7, I MOVED AT THE BOARD OF ADJUSTMENT GRANTS, A REQUEST FOR A FIVE FOOT VARIANCE TO THE MINIMUM FRONT BUILDING SETBACK OF, OF 10 FOOT TO ALLOW FOR STRUCTURE TO BE FIVE FEET AWAY FROM THE FRONT PROPERTY LINE SITUATED AT 6 2 2 6 WELLS CREEK DRIVE A AND JUAN GARCIA.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITERAL ENFORCEMENT OF THE PROVISIONS OF
[01:15:01]
THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT, IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
IN THIS CASE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
AS THE APPLICANT IS PROPOSED TO COMPLETE CONSTRUCTION OF ATTACHED CARPORT, AND THERE IS STILL FIVE FEET OF SPACE UNIT IT AND THE FRONT PROPERTY LINE DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
STAFF FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP WITH A LIMITED AMOUNT OF SPACE IN THE FRONT OF THE PROPERTY.
MOVING THE STRUCTURE PART OF THE BACK FROM THE PROPERTY LINE WILL RESULT IN LESS SPACE PROVIDED FOR THE CARPORT AND THE PROPERTY, OTHER VEHICLES.
BY GRANTING THE VARIANCE, THE SPHERE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPHERE OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE INTENT OF THE ACCESSORY STRUCTURE SETBACKS IS TO PROVIDE SPACING BETWEEN NEIGHBORS STRUCTURES.
THE APPLICANT WILL STILL MAINTAIN SOME SPACE BETWEEN THE CARPORT AND THE FRONT PROPERTY LINE, AND THE SIDE SETBACK REQUIREMENTS ARE MET.
THE VARIANCE WILL NOT AUTHORIZE THE AUTHORIZATION, AUTHORIZATION OF THE USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH A PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
NO OTHER USES THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH A 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.
THE REQUEST IS TO REDUCE THE FRONT SETBACK DOES NOT POSE THE RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES.
THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OR THE GENERAL CONDITIONS IN THIS DISTRICT IN WHICH PROPERTY IS LOCATED THAT FINDS THE LOCATION OF THE TAX ACCESSORY DRILLING WILL WARRANT THE GRANTING OF THIS REQUEST.
THE APPLICANT WAS INFORMED OF LIMITATIONS INCURRED BY THE EARN AND SUBMITTED THE REQUEST FOR VARIANCE AND THE MOTION.
ALRIGHT, WE HAVE A MOTION, A LIMITING MOTION.
AND WHO, UH, DO WE HAVE A SECOND ON THIS MOTION? SECOND.
MR. ORIAN, YOU ARE SECONDING THE MOTION.
UH, LET'S START THE DISCUSSION WITH MR. MAN.
I REDUCE THE FRONT SETBACK, UH, REQUEST SIMPLY BECAUSE, YOU KNOW, LOOKING AT THE RISK OF THE COMMUNITY, THIS IS BASICALLY THE SECOND CARPORT TO BE INSTALLED IN THIS COMMUNITY.
AND, AND AS SUCH, YOU KNOW, IF IT GOES STRAIGHT TO THE, STRAIGHT TO THE CURB, BASICALLY, I THINK IT OPENS UP FOR EVERYBODY ELSE TO GO STRAIGHT TO THE CURB AS, OR STRAIGHT TO THE PROPERTY LINE AS WELL.
UM, I THINK THAT PROVIDING, MOVING IT BACK, YOU KNOW, WE'LL SAY HALFWAY, SO, SO COMPROMISING DOES GIVE SPACE TO PARK VEHICLES UNDERNEATH IT.
UM, SO IT'S STANDARD VEHICLE FOR SURE.
UH, THE BACK END MAY NOT BE, UH, MAY BE EXPOSED, BUT, UM, YOU KNOW, I I THINK IT'S A NICE COMPROMISE.
UH, AND MR. OREN, WOULD YOU LIKE TO CONTINUE? SURE.
UM, I, I DO AGREE WITH, UH, COMMISSIONER MANNA.
IF I WOULD'VE READ THE MOTION, I WOULD'VE REDUCED IT AS WELL.
UM, I, I WAS HANGING PERSONALLY, I WAS HANGING ON MAKING IT A, A SEVEN FOOT VARIANCE, BUT I CAN LIVE WITH A FIVE FOOT, UH, I DO AFTER GOING THROUGH GOOGLE EARTH AND, AND, UH, STREET VIEW, THERE'S JUST, THIS COMMUNITY JUST DOESN'T HAVE A, A CARPORT PRESENCE.
AND A LOT OF THE DRIVEWAYS ARE RELATIVELY CLOSE TO THE PROPERTY LINE.
AND THIS, THIS, THIS IS JUST NOT A GOOD TREND TO HAVE STRUCTURES THAT CLOSE.
IT'S NOT, I, I JUST, I JUST COULDN'T, I COULDN'T AGREE WITH PUTTING A CARPORT RIGHT ON THE LINE OR EIGHT INCHES AWAY.
SO, UM, AS READ, I'LL BE IN SUPPORT.
SO, NANA, I'M SORRY, WHO? SO DOES NANA.
SO MR. OREN, COULD I ASK THIS MR. ORIAN IF THAT'S A FRIENDLY AMENDMENT POSSIBILITY, OR, OR, WELL, I MEAN, I, I, I DON'T KNOW HOW THE REST OF THE COMMISSIONERS ARE GONNA, ARE GONNA SEE IT, BUT I, I DO THINK THAT THERE NEEDS TO BE A, A REDUCTION AND, UH, I THINK FIVE FEET'S A, A GOOD START.
UM, IF, IF OTHER COMMISSIONERS CHIME IN AND THEY, AND, AND THEY THINK THAT THREE, THE SEVEN FOOT VARIANCE TO ALLOW TO BE WITHIN THREE FEET OR SO WOULD BE BETTER.
I'LL BET I CAN AGREE WITH THAT AS WELL.
BUT I'D LIKE TO HEAR FROM SOME OTHER COMMISSIONERS.
MR. MENCHACA, WE ARE ACTUALLY REVIEWING THE CURRENT MOTION.
AND, UH, AS MR. MEN HAS STATED, WAS THAT AN AMENDMENT AND ORIAN, MR. ORIAN DID NOT STATE IT AS, AS AN AMENDMENT? UH, SO PLEASE, LET'S COMMENT ON THAT.
IF YOU WOULD LIKE TO OFFER A, AN AMENDMENT TO THIS MOTION, PLEASE, UH, INCLUDE THAT IN YOUR COMMENT.
YES, I AGREE THAT, UH, THERE SHOULD BE AN AMENDMENT TO THAT TWO FOOT TO FIVE FEET.
AND, UH, THIS ONE, IT STICKS WAY UP TOO MUCH FOR THE WHOLE NEIGHBORHOOD.
[01:20:01]
IF THEY'RE SCOPING OUT THE WHOLE, UM, BLOCK AROUND THERE AND THE OTHER ONE, IT, IT'S, UH, I THINK WE'D BE CONTR CONTRARY TO LEAVE IT AS IS RIGHT NOW.SO I WOULD MAKE A AMENDMENT FOR FIVE FEET REDUCTION.
SO YOU'RE NOT, YOU'RE NOT MAKING AMENDMENT, YOU'RE JUST CON YOU'RE CONFERRING WITH THE, UH, MOTION AS MADE.
IS THAT CORRECT? THAT'S CORRECT.
DO WE HAVE ANY OTHER INPUT FROM OTHER BOARD MEMBERS IN REGARDS TO THIS? OKAY, THEN I'M GONNA GET SOME INPUT FROM
YOU KNOW, IT, IT, IT DISTURBS ME SIGNIFICANTLY HOW IN SAN ANTONIO WE ALLOW CONSTRUCTION OF, OF, OF, UH, PROPERTIES AND DEVELOPMENTS OF INADEQUATE PARKING FOR MULTIPLE VEHICLES.
UM, I'M STILL SEEING A NUMBER OF DEVELOPMENTS WHERE ONE CAR DRIVEWAY IS DONE, AND MOST FAMILIES TODAY HAVE MORE THAN TWO OR THREE BARS, THEREFORE, IT PUTS A BURDEN ON THE REMAINING SURROUNDING NEIGHBORS TO DEAL WITH VEHICLE INDUSTRY.
AND SAN ANTONIO HAS A GREAT DEAL OF THAT.
HOWEVER, THIS, WE'RE DEALING WITH THIS PARTICULAR CARPORT AND I THINK THAT, UH, MR. OREN BROUGHT THE, A SUBSTANTIAL POINT UP THERE, THE VERY FEW EVENT IN THIS NEIGHBORHOOD, IT'S OUT CHARACTER.
AND BY GRANTING THIS VARIANCE, WE ARE OFFERING AN OPERATION TO THE NEIGHBORHOOD.
UM, HOWEVER, SINCE, UH, THEA DID REDUCE THE, UH, VARIANCE REQUEST, UH, TWO FIVE FEET LIMITING THE CONSTRUCTION OF THIS, OF THIS STRUCTURE, THE FIVE P I BELIEVE THAT WE'RE PROBABLY DOING MORE GOOD THAN, THAN WE COULD HAVE DONE IF WE'VE ACCEPTED THE MOTION AS IS NOW, IF THERE'S NO OTHER INPUT, UH, TO THE MOTION, I'M GONNA CALL FOR A ROLL CALL VOTE.
MICHELLE, I DO NOT CONCUR WITH THE FACT, UM, MR. MENKA, I DO NOT CONCUR WITH FINDING OF A FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
MR. MENEZ, I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
MR. VINNO, I CON CON I CONCUR WITH THE FINDINGS OF THAT MR. DELMER.
MR. ORIAN, UH, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ.
I CONCUR WITH THE FINES OF TAX.
NOW, IF MY NUMBERS ARE CORRECT, I BELIEVE WE HAVE THE DENIED TO PASS.
WE HAVE, UH, MICHELLE AND MR. MANCHACA OPPOSED.
DO WE HAVE ANY ALTERNATE ALTERNATE MOTION TO BE MADE? BE NONE.
UH, THE CARPORT IS NOT PASSED.
LET'S GO TO THE NEXT, UH, UH, UH, CASE D O A 21 0 3 0 0 1 1 6
[5. 20-7402 BOA-20-10300116]
LOCATED AT 54 KANSAS STREET.THE APPLICANT IS JENNIFER, UH, FENG AT ONE IS A FIVE FOOT VARIANCE TO THE MINIMUM 10 FOOT FRONT AND REAR SETBACK TO ALLOW A STRUCTURE TO BE FIVE FEET AWAY FROM THE FRONT AND REAR SETBACK LINES.
AND TWO, A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENTS TO ALLOW A STRUCTURE TO BE THREE FEET AWAY FROM THE SIDE PROPERTY LINES.
CURRENT ZONING IS RM FOUR A H O D SLIDE SUBJECT PROPERTY LOCATED EAST.
IT'S EAST OF THE ALMO DOME MID BLOCK ON KANSAS STREET.
UH, VARIANCE REQUESTED FOR ALL FOUR SETBACKS.
REQUIREMENTS INCLUDE FIVE FOOT VARIANCE TO THE FRONT SETBACK, FIVE FOOT VARIANCE TO THE REAR SETBACK, TWO FOOT VARIANCE TO THE SIDE SETBACKS LOT IS CURRENTLY VACANT.
THE APPLICANT IS PROPOSING TO BUILD A NEW SINGLE FAMILY DWELLING.
THE APPLICANT IS AWARE OF THE NEXT STEPS IN THE DEVELOPMENT PROCESS TO ADDRESS, UH, ANY STREET IMPROVEMENTS AND FIRE ACCESS.
THE FIRE DEPARTMENT DOES HAVE CONCERNS ON ACCESS AND WILL BE WORKING WITH THE APPLICANT, UH, TO FIGURE AN OPTION.
CURRENT ACCESS IS, UH, TOO SHORT FOR FIRE APPARATUS.
THIS IS A COPY OF THE SITE PLAN.
[01:25:01]
NEXT SLIDE.SUBJECT, PROPERTY SURROUNDING AREA.
STAFF RECOMMENDS APPROVAL OF THE VARIANCES REQUESTED IN B O A 21 0 3 0 0 1 1 16.
BASED ON THE FOLLOWING FINDINGS OF FACT, THE PROPOSED SINGLE FAMILY STRUCTURE WILL BE THREE FEET AWAY FROM THE SIDE PROPERTY LINES AND THE PROPOSED SINGLE FAMILY STRUCTURE WILL BE FIVE FEET FROM THE PROP FRONT, PROPERTY LINES AND REAR PROPERTY LINES.
PLEASE NOTE THIS DOES NOT, UH, NEGATE ANY REQUIREMENTS THAT THEY HAVE FOR FIRE AND BUILDING CODE REQUIREMENTS.
AND WE DID SEND OUT 20 NOTICES.
ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE ALAMO DOME GARDENS NEIGHBORHOOD ASSOCIATION.
WOULD YOU HAVE THE APPLICANT ON THE LINE? MA'AM? WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
MY NAME IS JENNIFER FANG AND MY ADDRESS IS 300 LABOR STREET, APARTMENT, UH, 5 3 0 9, UH, SAN ANTONIO, TEXAS 7 8 2 1 0.
UM, AND I WOULD, UH, LIKE THE BOARD OF ADJUSTMENT TO CONSIDER THIS ADJUSTMENT, UH, TO THE SETBACKS.
UM, MY HUSBAND, UM, WISH TO, UH, BUILD, UM, A SINGLE FAMILY RESIDENCE FOR OUR USE.
AND, UM, WE, WE, BECAUSE OF THE UNUSUAL, UH, SHAPE OF THE LOT, UM, WE FEEL THAT IS REASONABLE TO ASK FOR THESE, UH, SETBACKS.
UM, I UNDERSTAND THE FLIGHT, I CAN SEE THE LEFT LIMITED SIZE OF THE, THE PROPERTY.
DO WE HAVE ANY INPUT FROM THE PUBLIC? NO, SIR.
UM, SO I'M GONNA GO AHEAD AND OPEN THIS UP FOR THE BOARD TO ASK QUESTIONS.
SO THE STAFF AND THE
SO HOW, HOW WIDE IS THE, IS THE STREET ON KANSAS, WHAT'S THE RIGHT OF WAY IN THE PAVEMENT WIDTH? IT APPEARS TO BE 16 FEET, SIR.
AND, UH, UH, WHEN WAS THIS PARCEL CREATED? IS IT, DOES IT PREDATE LIKE OH FIVE 2001 OR IS IT YES, SIR.
SO THEY'RE GONNA BE APPLYING FOR A, A CERTIFICATE OF DETERMINATION, UH, TO MOVE FORWARD WITH CONSTRUCTION.
UH, DO WE HAVE ANY OTHER QUESTIONS OF THE STAFF OR THE APPLICANT? MANNA MR. MANNA? SO PART OF THE DIALOGUE HERE, THIS QUESTIONS TO THE CITY, THE PART OF THE DIALOGUE HERE TALKED ABOUT, UM, FIRE, UH, I GUESS CHALLENGES AND SO, UH, OR FIRE SERVICE CHALLENGES, AND I GUESS COULD THAT BE ELABORATED ON, YOU KNOW, WHAT IS IT, UH, IN PARTICULAR THAT'S CAUSES THOSE CHALLENGES? BECAUSE WE HAVE SEEN THREE FOOT SETBACK REQUESTS IN THE PAST AND THAT REALLY WASN'T BROUGHT UP.
SO WHAT'S DIFFERENT ABOUT THIS VERSUS OTHER CASES? IT'S THE ROADWAY ITSELF, SIR, IN THIS CASE, IT'S 16 FEET FOR FIRE APPARATUS, THEY NEED 20 FOOT, UH, RIGHT OF WAY.
UH, SINCE IT'S NOT WIDE ENOUGH, UH, THE CONCERN IS GETTING FIRETRUCK IN THERE.
WE DID, WE DID SPEAK WITH, UH, FIRE CHIEF GARZA, WHO IS GONNA BE SPEAKING WITH THE APPLICANT TO WORK OUT, TO WORK THROUGH THOSE SCENARIOS, UH, BECAUSE OF THE LIMITED DRIVEWAY.
NOW THERE, THERE'S, THERE IS A SINGLE FAMILY RESIDENTIAL RIGHT NEXT DOOR, UH, BUT THEY WERE IN EXISTENCE.
WHAT'S TRIGGERING THIS IS SINCE IT'S DECONSTRUCTION.
SO REGARDLESS OF THE, OF THE, UM, SIDE SETBACK THAT REALLY ISN'T, OR THE YEAH.
THE SIDE SETBACK THAT ISN'T DRIVING, UH, THE REQUEST IS, IS TRULY THE MATTER OF THE SIZE OF THE STREET IN FRONT OF THE HOUSE.
DO WE HAVE ANY OTHER QUESTIONS? THE STAFF OR THE APPLICANT? ALL UH, I HAVE A, A QUESTION FOR STAFF AND, AND, UH, IN YOUR REMARKS, YOUR REQUESTING APPROVAL OF THIS, UH, ALTHOUGH THERE WAS A, A, UM, STATEMENT ABOUT FIRE ACCESS, UM, WHAT WAS, WHAT WAS THE ACTUAL CONCERN FROM THE, UH, FIRE ACCESS GETTING FIRETRUCKS IN THERE? UH, THEY'RE, THEY CAN'T GET A FIRETRUCK INTO THAT ALLEYWAY.
UM, THEY WOULD NEED AT LEAST 20 FEET, BUT THERE'S SOME OPTIONS THAT
[01:30:01]
THE FIRE CHIEF IS GONNA WORK WITH THE APPLICANT ON, UH, TO LOOK AT DIFFERENT SCENARIOS.UH, ONE CONVERSATION WAS POTENTIALLY FIRE SPRINKLE, BUT ALL OF THOSE CONVERSATION WILL BE THROUGH THE PLAN REVIEW PROCESS, UH, WITH THE FIRE DEPARTMENT AND PLAN REVIEW.
SO REGARDLESS OF THE OUTCOME OF TODAY, THAT'S A SEPARATE, UH, ISSUE THAT THE, THAT THE APPLICANT WILL HAVE TO WORK THROUGH, UH, ORIAN.
MR. ORIAN, YOUR QUESTION? YEAH, ANOTHER QUESTION FOR STAFF.
UH, I'M LOOKING ON A GOOGLE MAP VIEW, AND IT LOOKS LIKE THERE'S U NOT, THERE'S ALSO UTILITIES IN THIS ALLEY.
THE PAVEMENT IS FAR LESS THAN 16 FEET, BUT THERE'S ALSO SOME, UM, RECYCLE AND TRASH BINS.
IS THIS WHERE THE PICKUP IS? UH, I ASSUME BECAUSE THERE'S AN EXISTING RES RESIDENTIAL, BUT IT LOOKS LIKE THERE'S SOME, THERE'S SOME THINGS IN THE WAY ON KANSAS THAT WOULD'VE, THAT WOULD JUST BE OBSTRUCTIONS TO FIRE ACCESS.
I, IN SPEAKING WITH, UH, TRAFFIC, IT APPEARS THAT THERE'S A DEAL WITH THE, UH, WASTE, SOLID WASTE MANAGEMENT.
THERE'S ACTUALLY A PICKUP TRUCK THAT THEY UTILIZE TO, TO PICK UP, UH, TRASH AND RECYCLE ON THIS ALLEYWAY.
NOW, AS FAR AS NEW, AS FAR AS NEW CONSTRUCTION, THAT'S SOMETHING THAT'S GONNA BE WORKED OUT WITH SOLID WASTE AS WELL.
AND OF COURSE, 'CAUSE BECAUSE ANOTHER THING IS IF YOU, IF YOU FOLLOW IT DOWN LIKE YOU'RE GOING TO THE ALAMO DOME ON THE, ON THE SIDE OF THE ALLEY, IT, THERE'S A, THERE'S A CITY SIGN THAT SAYS NO PARKING ON THIS SIDE OF THE BLOCK DURING EVENTS.
DOES THAT MEAN THAT YOU'RE ALLOWED TO PARK ON THIS ALLEY AS LONG AS THERE'S NOTHING GOING ON AT THE ALAMO DOME? YEAH.
MATTER OF FACT, UH, TRAFFIC IS RECOMMENDING THEY DO THIS BECOME A ONE WAY STREET.
UH, TRAFFIC, YEAH, THAT'S GONNA BE A RECOMMENDATION BECAUSE IT'S NOT EVEN WIDE ENOUGH FOR TWO VEHICLES TO GET THROUGH.
IT JUST ALLUDED THAT YOU COULD PARK ON THE SIDE OF THE STREET.
IT JUST THOUGHT THAT WAS, IT'S BECAUSE THE PROXIMITY TO THE ALAMO DOME, OKAY.
THERE'S A LOT PARKING IN THE FOREST, AS YOU KNOW, BUT THEY COULDN'T GET A BUILDING PER, THE APPLICANT COULDN'T GET A BUILDING PERMIT UNLESS THEY, THIS WAS A ONE-WAY STREET AND FIRE APPROVED IT.
AND THEY, WELL, THE ONE-WAY STREET IS A RECOMMENDATION FROM TRAFFIC.
UH, THE FIRE OF COURSE HAS TO APPROVE IT, UH, BEFORE SHE GETS APPROVED.
MR. MACHACA HERE BEFORE, UH, UH, A QUESTION TO STAFF, UH, THE FIVE FOOT VARIANCE IN THE FRONT, UH, AND THE OVERHEAD POWER LINES, THAT'S NOT AN ISSUE.
NOT FOR THE STRUCTURE ITSELF, NO, SIR.
BUT OF COURSE, DURING PLAN REVIEW, ALL BUILDING CODE REQUIREMENTS ARE GONNA HAVE TO BE MET.
SO THEY'RE GONNA HAVE TO MEET THAT AS, AS WELL AS ANY KIND OF SAFETY ISSUES.
WE HAVE NO FURTHER QUESTIONS OF THE APPLICANT OR, OR THE STAFF? NONE BEING THE CASE.
ALL RIGHT, THEN I'M GONNA CLOSE THIS TO THE PUBLIC AND ENTERTAIN A MOTION.
YOU ON THE FLOOR? GO AHEAD AND MOTION.
UH, REGARDING CASE NUMBER BO O A DASH 2 3 16, I MOVED TO A BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE OF FIVE FOOT VARIANCE TO THE MINIMUM 10 FOOT FRONT AND REAR SETBACK TO ALLOW A STRUCTURE TO BE FIVE FEET AWAY FROM THE FRONT AND REAR SETBACK LINES.
AND TWO, A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENTS TO ALLOW A STRUCTURE TO BE THREE FEET AWAY FROM THE SIDE PROPERTY LINES SITUATED AT 54 KANSAS STREET, APPLICANT BEING JENNIFER FANG.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT U UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC VARIANCE REQUESTED FOR THE FRONT, REAR, AND SIDE SETBACKS.
THE VARIANCE REQUESTED ARE DUE TO THE UNIQUE SHAPE OF THE LOT AND ARE NOT CONTRARY TO THE PUBLIC INTEREST.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT, UH, THAT IF ENFORCED WOULD RESULT IN AN UNNECESSARY WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE INTENT OF THE SIDE SETBACK IS TO PROVIDE SPACING BETWEEN NEIGHBORING STRUCTURES.
THE APPLICANT WILL STILL MAINTAIN SPACE BETWEEN STRUCTURES WITH THE VARIANCES, OR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
SUCH VARIANTS WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL
[01:35:01]
CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.THE BOARD FINDS THE REQUEST TO REDUCE THE SETBACKS, DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES, AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE U UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT REALLY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF THE GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER.
AND IT'S NOT FINANCIAL IN NATURE.
WE HAVE A, UM, MOTION BY MR. PEELE AND A SECOND BY I BELIEVE MS. FRAGMENT? YES.
OKAY, THEN, UH, LET'S GO AHEAD AND OPEN THE DISCUSSION.
UH, I'LL BE IN SUPPORT OF THIS.
UH, I THINK ANYTIME THAT WE CAN DO SOME INFO, UH, CONSTRUCTION HERE, ESPECIALLY IN THE URBAN CORE, UM, YOU KNOW, AND RE MONETIZE THE, YOU KNOW, THE TAXABLE INCOME ON THAT PROPERTY, AS WELL AS PROVIDE A SPACE FOR AN OWNER OCCUPANT, UH, AS IS, UH, BEEN TESTIFIED BY THE APPLICANT.
UH, I THINK THAT'S A GOOD THING.
UM, WE'VE ALREADY NOTED THAT THEY WILL HAVE TO GO THROUGH, UH, FIRE, FIRE SAFETY REVIEW.
UM, AND, AND SO THAT IS A POINT OF CONCERN.
HOWEVER, I WILL BE IN SUPPORT AND I FEEL THAT THAT'LL BE WORKED OUT DURING THE, THE PLAN REVIEW PROCESS.
ALRIGHT, MS. UH, BRAGMAN, UH, WELL, I WOULD LIKE JUST LIKE TO SAY, UH, DITTO TO COMMISSIONER THIEL AND ADD THAT WE NEED TO CONTINUE, UH, LOOKING OUTSIDE THE BOX WHEN IT COMES TO HOUSING AFFORDABILITY IN SAN ANTONIO.
SO I HOPE YOU IN SUPPORT OF THIS MOTION VERY WELL.
DO WE HAVE ANY OTHER INPUT FOR THIS PARTICULAR ISSUE? ORIAN, MR. ORIAN? YES.
UM, THIS, THIS, THIS PARCEL WAS CREATED BEFORE OH FIVE.
THERE'S CERTAIN RIGHTS THAT ARE ATTACHED TO IT AND, AND BECAUSE OF ITS SIZE AND ITS LOCATION, IT, THERE'S ALSO GONNA BE SOME HARDSHIPS ATTACHED TO IT.
SO I THINK THAT THIS, UH, THE SITE PLAN THAT THEY'RE PROVIDING, I THINK IS A, IS A, A VERY GOOD, UH, UM, DESIGN.
IT, IT DOESN'T SUPERMAX OUT THE PROPERTY.
IT'S, THEY'RE NOT TAKING FULL EFFECT OF ADVANTAGES THEY'RE ASKING FOR, I THINK IT'S A, A MODEST PROPOSAL.
SO I, I'M GONNA BE IN SUPPORT BECAUSE, UH, IT'S NOT REALLY A, I WAS A LITTLE CONCERNED ABOUT FIRE, BUT I KNOW THAT THE DURING REVIEW, THE CITY WILL MAKE SURE THAT, THAT, THAT THE APPLICANT BUILT SOMETHING THAT IS GONNA BE SAFE.
UH, LET'S GO AHEAD AND TAKE A ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT, MR. THIEL.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT, MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
MS. VINNO, I CONCUR WITH THE FINDINGS OF FACT, MR. DOMER, WITH THE FINDINGS OF FACT, MS. FISHER, I CONCUR.
MR. OR I ALSO CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ.
UH, I BELIEVE I'M GONNA REACT TO THE SCREEN THAT I HAVE HERE THAT HAS ALREADY BEEN APPROVED
BUT, UH, GOOD LUCK WITH YOUR PROJECT AND, UH, WE'LL SEE HOW, UH, THE THINGS GO.
I'M GONNA CALL FOR A EIGHT MINUTE BREAK RIGHT NOW BECAUSE I, I KNOW WE HAVE MANY MORE CASES COMING UP.
UH, SO WE HAVE ONE MORE, SIR? JUST ONE MORE CASE.
I THOUGHT WE WERE GONNA HAVE EIGHT.
WELL, IF THAT CASE, ANYONE NEED A BREAK? NO, UH, T TEAL, I'D APPRECIATE A, A QUICK BREAK.
ALRIGHT, LET'S GO AHEAD AND TAKE AN EIGHT MINUTE BREAK.
COME BACK HERE BY, UH, OR AT LEAST COME BACK HERE BY TWO FOUR, UH, TWO 50.
PLEASE TURN OFF YOUR MICS BEFORE YOU LEAVE.
COURT OF ADJUSTMENTS IS RETURNING THE SESSION, UH, FOR DECEMBER 21ST, 2020.
IT IS 2:52 PM AND WE WILL BE CONTINUING ON OUR NEXT CASE.
UH, WILL YOU, UH, PLEASE, UH, INTRODUCE THE INFORMATION? YES,
[6. 20-7350 BOA-20-10300129]
SIR.THE OA 21 0 3 0 0 1 2 9 LOCATED
[01:40:01]
AT ONE 19 NORTHRIDGE NORTHRIDGE DRIVE COUNCIL DISTRICT 10.UH, WE REQUEST FOR A ONE FOOT EIGHT INCH VARIANCE FROM THE 20 FOOT MINIMUM AR REAR SETBACK TO ALLOW A BUILDING TO BE 18 FEET FOUR INCHES AWAY FROM THE REAR PROPERTY LINE.
CURRENT ZONING IS N P EIGHT A H O D.
THE SUBJECT PROPERTY IS LOCATED AT THE NORTH, UH, NORTH RIDGE DRIVE, THREE AND 40 FEET AWAY FROM THE ALAMO HEIGHTS JUNIOR HIGH SCHOOL, AND CONSISTS OF 9,100 SQUARE FEET.
THE VAST MAJORITY OF THE PROPERTIES WITHIN THE NORTHRIDGE COMMUNITY BENEFITED FROM THE REAR ALLEYWAYS AND ENCROACHED THE 20 FOOT MINIMUM REAR SETBACK REQUIREMENTS AS A RESULT OF UTILIZING HALF OF THE ALLEYWAYS AS CREDIT TOWARDS REAR SETBACK.
THE STOCK SUBJECT PROPERTY IS ONE OF THE FEW BLOCKS THAT ABUT A PRIVATE PRO, UH, ABUT PRIVATE PROPERTY WITH UTILITY EASEMENT.
BASICALLY, IT APPEARS TO BE RIGHT AWAY ON THE MAP, BUT IT'S ACTUALLY A, UH, UTILITY EASEMENT THAT'S WITHIN THE PLATT AND IT BELONGS TO THE NEIGHBORING PROPERTY, WHICH THIS IS THE REASON IT BRINGS UP THE, THE ENCROACHMENT.
THE APPLICANT ADDED A ADDITIONAL LIVING EXTENSION TO THE EXISTING RESIDENTIAL BUILDING.
THE APPLICANT STATED A MINOR MISCALCULATION OCCURRED DURING THE CONSTRUCTION THAT CAUSED THE ADDITION TO ENCROACH ONTO THE 20 FOOT REAR SETBACK.
THIS IS A COPY OF THE SITE PLAN SUBJECT PROPERTY, THE ADDITION, AND THE ADJACENT PROPERTY AND NEIGHBORING PROPERTIES.
STAFF RECOMMENDS APPROVAL OF BO A 21 0 3 0 0 1 29 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUESTED VARIANCE WILL NOT NEGATIVELY IMPACT THE AESTHETICS.
UH, SET VALUE OF THE NEIGHBORHOOD AND ADEQUATE SPACE STILL WILL BE UTILIZED TO PREVENT STORMWATER RUNOFF.
MAINTENANCE, PROPERTY, AND MAINTENANCE OF THE STRUCTURE WITHOUT TRESPASSING AND GRANTING THE REQUEST WILL HELP TO CONTINUE TO REDUCE SETBACK IN THE COMMUNITY AS A WHOLE.
UH, 23 NOTICES WERE SENT OUT BE RECEIVED IN FAVOR ZERO AND OPPOSITION OPPOSITION, AND THE OAK PARK NORTHWEST NEIGHBORHOOD IS IN FAVOR.
EMILY, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
UH, THANKS SO MUCH, THE CHAIR.
CAN YOU HEAR ME ALL RIGHT? YES.
YES, I CAN HEAR YOU VERY CLEARLY.
EMILY WEISLER WITH KI GRIFFIN AND FAIRMAN 100 NORTHEAST LOOP FOUR 10, SUITE SIX 50.
UM, HERE ON BEHALF OF THE PROPERTY OWNER, IF STAFF COULD GO AHEAD AND START WITH SLIDE TWO OF MY PRESENTATION.
UM, SO AS STAFF MENTIONED, THE PROPERTY IS AT ONE 19 NORTHRIDGE DRIVE.
IT IS A 9,100 SQUARE FOOT LOT WITH A SINGLE FAMILY HOME ON IT THAT IS ABOUT 3000 SQUARE FEET.
UH, THE PROPERTY IS WITHIN THE BOUNDS OF THE OAK PARK NORTHWOOD NEIGHBORHOOD ASSOCIATION AND WAS PLATTED IN 1952 AS PART OF THE NORTHRIDGE PARK SUBDIVISION, WHICH ACCOUNTS FOR MOST OF THE SOUTHERN PORTION OF THIS NEIGHBORHOOD.
UH, THE NEIGHBORHOOD IS SOUTH OF LOOP FOUR 10 BETWEEN BROADWAY AND HARRY WBA.
UM, AND NORTHRIDGE DRIVE IS JUST EAST OF NORTH NEW BRAUNFELS.
UH, FROM THIS AERIAL, YOU CAN SEE THE SINGLE FAMILY RESIDENTIAL DEVELOPMENT PATTERN HERE.
UH, THIS GOOGLE IMAGE IS FROM 2019, WHILE THE ADDITION TO THE HOME WAS UNDER CONSTRUCTION.
SLIDE THREE, AS STAFF MENTIONED, I'M HERE TODAY TO REQUEST A ONE FOOT EIGHT INCH VARIANCE TO THE REAR STEPBACK REQUIREMENT OF 20 FEET.
UH, THERE WAS A MINOR MISCALCULATION DURING THE HOME ADDITION CONSTRUCTION THAT RESULTED IN THE REAR STEPBACK ENCROACHMENT.
AS YOU CAN SEE IN THE SURVEY, THE DISTANCE BETWEEN THE ADDITION AND THE REAR PROPERTY LINE IS 18.4 FEET.
UH, SURVEYORS MUCH LIKE APPRAISERS MEASURE INTENTS OF A FOOT, UH, COMPARED TO INCHES, BUT THAT DOES EQUATE TO THE REQUESTED ONE FOOT EIGHT INCH VARIANCE, WHICH WE VERIFIED WITH STAFF.
UH, SECTION 35 5 16 OF THE U D C DOES ALLOW FOR WHAT WE CALL A CREDIT, UH, TO THE REAR SIDE SETBACK REQUIREMENT, UH, FOR LOTS THATBUT, A PUBLIC ALLEY, RAILWAY RIGHT OF WAY, OR UTILITY DRAINAGE EASEMENT THAT'S NOT PART OF A PLATTED LOT UP TO ONE HALF OF MAXIMUM 15 FEET.
UH, AND UNFORTUNATELY, UH, THAT IS NOT THE CASE HERE IN NORTH RIDGE DRIVE.
UH, THE 10 FOOT UTILITY EASEMENT, UM, IS ACTUALLY PLATTED AS PART OF THE REAR FOR THE, UH, LARKWOOD DRIVE HOMES.
UM, AND SO WHILE THE VAST MAJORITY OF THE NEIGHBORHOOD, WHICH YOU'LL SEE IN JUST A SECOND, UH, CAN ENJOY THE ALLEY EASEMENT CREDIT, UM, WE CANNOT, UH, SLIDE FOUR PLEASE.
SO THIS IS THE NORTHRIDGE PARK PLAT SUBDIVISION FROM 1952.
YOU CAN SEE THE SUBJECT PROPERTY IS OUTLINED IN RED HERE WHILE THE OTHER EAST WEST STREET, CALUMET, ROBINHOOD, NOTTINGHAM TOP HILL ALL HAVE PUBLIC
[01:45:01]
ALLEYS.THERE IS NOT AN ALLEY BETWEEN NORTH RIDGE AND LARKWOOD.
UH, THAT 10 FOOT UTILITY EASEMENT IS PLATTED ON THE REAR OF THOSE LARKWOOD LOTS.
AND SO THIS IS A RARE CASE FOR THAT CREDIT TO THE REAR SETBACK CANNOT BE APPLIED.
UM, IN PRACTICALITY, THE INTENTION OF THE REAR SETBACK REQUIREMENT IS TO PRESERVE THE PRIVACY SPACE AND ENJOYMENT OF THE REAR YARDS FOR EACH RESIDENCE.
SO BETWEEN THE 18.4 FEET OF THE SUBJECT PROPERTIES REAR YARD AND THE ADDITIONAL 10 FOOT UTILITY EASEMENT, THAT INTENTION IS DEFINITIVELY MET.
THIS IS JUST A, A ZOOM IN OF THAT EXISTING PLOT.
UH, TO GIVE YOU A BETTER, CLOSER VISUAL OF THE SUBJECT PROPERTY, YOU CAN SEE THE PUBLIC ALLEY ON TOP HILL IN NOTTINGHAM AND THAT UTILITY EASEMENT BETWEEN NORTHRIDGE AND LARKWOOD.
SO THIS IS AN EXTENUATING AND UNIQUE CIRCUMSTANCE, OBVIOUSLY NOT CREATED BY THE PROPERTY OWNER OR GENERAL CONDITION OF THE DISTRICT.
UM, BUT ONE FOR THE SUBJECT PROPERTY ITSELF.
UH, THIS IS ACTUALLY THE OAKCREST SUBDIVISION PLOT, WHICH PLATTED THE LOTS TO THE NORTH OF, UH, NORTH, UH, RIDGE DRIVE.
AND SO THIS ONE ACTUALLY PREDATES THAT.
UM, BUT HERE YOU CAN STILL SEE THAT 10 FOOT UTILITY EASEMENT ON THE LARKWOOD LOT.
UM, AND THIS CONSISTENT WITH THE DEVELOPMENT PATTERN WHERE ALL THE OTHER STREETS, UM, REALLY BETWEEN NORTHRIDGE AND LARKWOOD HEADING EAST, UH, NORTH AND SOUTH, EXCUSE ME, ALL HAVE THOSE PUBLIC ALLEYS EXCEPT THIS ONE BLOCK.
UM, SO BECAUSE THIS ONE BLOCK WAS PLOTTED DIFFERENTLY, UM, IT IS INHERENTLY HINDERED AND INDU BURDEN BY THE LACK OF THAT ALLEY.
UH, THIS AERIAL COMBINES JUST KIND OF EVERYTHING THAT YOU'VE SEEN THUS FAR A VISUAL OF WHERE THE SUBJECT PROPERTY IS LOCATED, UM, AS WELL AS THE DEVELOPMENT PATTERN WITH RESPECT TO ALLEYS AND THE UTILITY EASEMENT.
YOU CAN ALSO SEE HERE THE GENERAL REAR ENCROACHMENT OF MOST HOMES IN THIS COMMUNITY.
UM, EVEN WITH THE HOME ADDITION TO THE SUBJECT PROPERTY, THE ESSENTIAL CHARACTER, AS YOU CAN SEE HERE IN THIS AERIAL, IS THOROUGHLY MAINTAINED.
UH, THE SUBJECT PROPERTY IS ZONED N P EIGHT, WHICH REQUIRES A MINIMUM 8,000 SQUARE FOOT LOT.
UH, ONE 19 NORTHRIDGE IS 9,100 SQUARE FEET, SO WE ARE GOOD ON THAT.
UM, THE ZONING ALSO JUST ALLOWS FOR A SINGLE FAMILY HOME, WHICH IS ALL THAT EXISTS HERE.
SO THIS VARIANCE DOESN'T AUTHORIZE ANY OTHER USE, NOR DOES IT ASSAULT, NOR DOES IT ALTER THE ESSENTIAL CHARACTER OF THAT DISTRICT.
UH, AS I MENTIONED, THERE IS A PATTERN ON THIS BLOCK IN THE NEIGHBORHOOD OF HOW FAR HOMES EXTEND TO THE REAR OF THEIR LOT.
UM, THIS IMAGE FROM 2019 SHOWED THAT EXTENSION LINE, UM, AND THE SUBJECT PROPERTY WITH THAT ADDITION, WHICH YOU SEE HERE, ARIEL IS BEING CONSTRUCTED.
IT IS ALREADY FINISHED, UM, IS PERFECTLY ALIGNED WITH THE EXTENSION, UM, AND THE CHARACTER OF THIS NEIGHBORHOOD.
UM, SO BECAUSE THE NEIGHBORHOOD ENJOYS THE VAST MAJORITY OF THEM, UH, ENJOY THOSE REAR ALLEYS, UM, MOST OF THOSE HOMES ACTUALLY EXTEND FURTHER INTO THAT SETBACK BECAUSE THEY HAVE THAT ALLEY CREDIT THAT THEY CAN USE.
UM, AND HERE WE DO NOT HAVE THAT ABILITY TO USE THAT CREDIT.
UM, SO THUS THE VARIANCE, BUT, UM, THERE IS NO IMPACT ON THE IMMEDIATE NEIGHBORS, UM, EITHER TO THE NORTH OR TO THE EAST AND WEST.
THESE ARE JUST A COUPLE OF PICTURES, UM, FROM INSIDE OF THE BACKYARD AT THIS HOME.
UM, AS YOU CAN SEE, THE VARIANCE WILL NOT CAUSE ANY DISRUPTION TO THE PRIVACY OR ENJOYMENT OF THE NEIGHBORING RESIDENTIAL LOTS.
UM, AND AS OBVIOUSLY SEEN HERE, UH, DOES NOT HINDER THE ENJOYMENT OF THE RESIDENCE, HUMAN AND CANINE ALIKE.
UM, AND LOOKING EAST, UH, THIS, THIS PHOTO IS LOOKING EAST ON THE PROPERTY.
UM, YOU CAN SEE THE ADJACENT RESIDENTIAL STRUCTURE IS ACTUALLY MUCH FURTHER INTO THE REAR, UH, THAN THE SUBJECT PROPERTY'S ADDITION.
SLIDE 11, UH, THIS IS JUST A LITTLE BIT FURTHER ZOOMED OUT.
SO YOU CAN SEE THE EXPANSIVENESS OF THE BACKYARD, PLENTY OF SPACE, UM, AND THAT THERE IS A SUBSTANTIAL WOODEN PRIVACY FENCE ON THE PROPERTY, AS WELL AS SIGNIFICANT TREE COVERAGE FOR THE REAR NEIGHBORS ON LA WOOD.
UM, SO THAT MAINTENANCE OF PRIVACY AND, AND SEPARATION BETWEEN THE LOSS IS DEFINITELY STILL THERE.
UH, THIS IS JUST A CLOSER UP IMAGE OF THE ADDITION, UH, FROM TO THE PROPERTY, FROM THE FENCE LOOKING AT THE BACK OF THE HOUSE.
UM, SO YOU CAN SEE THAT THE SIDE BACK SIDE SETBACK IS OBSERVED AS WELL, AND THERE'S NO ENCROACHMENT THERE.
SO, UH, NOTHING, UM, HERE ON THE SUBJECT PROPERTY IS CONTRARY TO PUBLIC INTEREST.
UM, THIS IS FROM THE BACK DOOR, LOOKING AT THE REAR FENCE, UH, TO SHOW THAT REAR YARD AND THE PRIVACY FENCE THAT EXISTS.
[01:50:02]
SLIDE 14.THIS IS JUST A RECAP OF THE FINDINGS OF FACT THAT STATED BY STAFF.
ALL SIX CRITERIA FOR REVIEW HAVE BEEN DEMONSTRATED AND A LITERAL ENFORCEMENT OF THE REAR SETBACK REQUIREMENT, UH, WITHOUT THE ABILITY FOR REPRIEVE BY WAY OF THAT ALI CREDIT ENJOYED BY THE REST OF THE COMMUNITY, UH, WOULD ABSOLUTELY RESULT IN UNNECESSARY HARDSHIP BY FORCING THE DEMOLITION OF THIS EDITION, WHICH WAS REVIEWED AND PERMITTED BY THE CITY AND HAS ALREADY BEEN CONSTRUCTED.
IT WAS CERTAINLY NOT THE INTENTION OF ANYONE INVOLVED, UH, TO CREATE A REAR ENCROACHMENT.
UH, BUT THE REQUESTED VARIANCE IS THE ONLY REASONABLE WAY TO RECTIFY IT.
UM, AND IT CERTAINLY DOESN'T PUT, UH, THIS STRUCTURE OR THIS LOT OUT OF CHARACTER WITH THE COMMUNITY, NOR DOES IT IMPACT ANYONE AROUND IT.
AS JEFF MENTIONED, WE DO HAVE SEVERAL LETTERS IN SUPPORT FROM BOTH NEIGHBORS ON EITHER SIDE OF THE HOME AND ONE ACROSS THE STREET AT ONE 18 NORTH RIDGE.
WE DID ALSO RECEIVE A FORMAL LETTER OF SUPPORT FROM NEW YORK PARK NEIGHBORHOOD ASSOCIATION.
UM, WE'RE EXTREMELY GRATEFUL TO ALL OF THESE NEIGHBORS FOR THEIR WILLINGNESS TO DISCUSS THE PROPOSAL, UM, AND FOR THEIR SUPPORT, ESPECIALLY THE OAK PARK NEIGHBORHOOD ASSOCIATION'S PRESIDENT PATTY WALLACE, UH, WHO SPEARHEADED OUR COMMUNICATIONS WITH THE BOARD AND THE COMMUNITY, UH, STAFF IS ALSO RECOMMENDING APPROVAL.
SO, UM, ON BEHALF OF THE OWNER, WE RESPECTFULLY REQUEST YOUR SUPPORT FOR THIS ONE FOOT EIGHT INCH VARIANCE TO THE REAR STEPBACK REQUIREMENT FOR ONE 19 NORTHRIDGE DRIVE.
IF ANYONE HAS ANY QUESTIONS, I AM AVAILABLE.
UH, ZEKE, DO WE HAVE ANY PUBLIC INPUT, UH, PRINT OR OTHERWISE? THERE'S FOUR LETTERS TO YOUR IN DIRECT ALL IN SUBPOENA.
LET'S QUICKLY READ THOSE LETTERS INTO RECORD.
SIR, GO AHEAD AND QUICKLY READ THOSE RECORD.
FIRST ONE IS FROM NEIL PARK, NORFOLK NEIGHBORHOOD ASSOCIATION FROM PATTY WALLACE.
PLEASE ACCEPT THIS EMAIL CORRESPONDENCE AS AN ACKNOWLEDGEMENT OF THE OAK PARK NORTHWOOD NEIGHBORHOOD ASSOCIATION SUPPORT THE REAR SETBACK VARIANCE AT ONE 19 NORTHRIDGE AS REQUESTED BY THE PROPERTY OWNER.
AND THERE'S FURTHER EXPLANATION, BUT, UM, I CAN GO TO ALL OF IT IF YOU PREFER OR JUST GO THROUGH THEM SINCE YOU'RE ALL IN SUPPORT.
OUR BOARD HAS BEEN IN CONTACT WITH THE OWNERS REPRESENTATIVE EMILY, UH, WHITEFORD AND UNDERSTAND THE REQUEST AT HAND THERE WERE NECESSARY AT NORTH AT NORTHRIDGE IS ONE OF THE RARE STREETS WITHIN OUR NEIGHBORHOOD THAT DOES NOT HAVE AN ALLEYWAY APPROVED OR OTHERWISE.
AND THE 10 FOOT UTILITIES IN BETWEEN NORTH RIDGE AND LARKWOOD IS PLANTED AS PART OF THE REAR.
UH, FOR LARGE FRONTED LARKWOOD.
THE SITUATION ELIMINATES THE ABILITY TO UTILIZE 60% CREDIT AS THE ALLEY TOWARDS THE REAR SETBACK AND CREATES AN UNDUE BURDEN ON THE PROPERTY OWNER.
A SITUATION THAT A VAST MAJORITY OF THE RESIDENTS WITHIN, UH, THE NEIGHBORHOOD ASSOCIATION DO NOT FACE THE VARIANCE REQUESTED IS IN CONNECTION WITH THE HOME.
ADDITION AND DENIAL OF THE VARIANCE WOULD REQUIRE DEMOLITION OF, OF SUCH ADDITION AND ADDITIONALLY UNDUE BURDEN.
THE ADDITION IS CONTINUED OR CONTAINED ENTIRELY WITH THE PROPERTY AND FENCE LINES OF ONE 19 NORTHRIDGE AND HAS NO IMPACT OR NEGATIVE EFFECT ON OUR COMMUNITY OR THE ADJACENT OWNERS.
AS SUCH, THE NEIGHBOR ASSOCIATION FORCE THE ONE FOOT, IN THIS CASE, EIGHT INCH VARIANCE TO THE MINERAL ORDER SETBACK, UH, DISTANCE REQUIRED OF THE 20 FOOT TO ALLOW THE HOME TO BE, THE PROPERTY TO BE LOCATED WITHIN 18 FEET, FOUR INCHES AWAY FROM THE PROPERTY LINE.
WE ARE TO THE BOARD OF ADJUSTMENT TO SUPPORT THIS VARIANCE AND THANK ALL INVOLVED FOR ENGAGING OUR ASSOCIATION WITH THIS REQUEST.
UH, SHELLEY, I'M WRITING TO LET YOU KNOW THAT I'M SUPPORTIVE THE, OF ALLOWING THE VARIANCE REQUEST AT ONE 19 NORTHRIDGE.
UM, ALTHOUGH I THINK IT MAY NEED TO BE ONE FOOT EIGHT.
I ALSO NEED A VARIANCE FOR MY HOME AT ONE 18 NORTHRIDGE, UH, YEARS BACK IN 2015.
AND THE BOARD OF ADJUSTMENTS SUPPORT OF THAT VARIANCE.
UH, THEN AS WELL, THE NEXT TWO LETTERS ARE THE EXACT SAME LETTER, SO I'M JUST GONNA GIVE YOU THE NAMES FOR BOTH.
THE FIRST ONE IS FROM ROBERT, UH, ZELL AT ONE 15 NORTHRIDGE.
AND THE SECOND, UM, FIRST NAME UNKNOWN TRUMP BELL AT 1 23 NORTH RIDGE.
PLEASE ACCEPT THIS LETTER, UH, AS ACKNOWLEDGEMENT OF SUPPORT FOR THE ABOVE VARIANCE REQUEST TO THE BOARD OF ADJUSTMENT.
I HAVE BEEN IN CONTACT WITH THE PROPERTY OWNER, UH, BILL JOHNSON AND UNDERSTAND THIS REQUEST, UH, FOR VARIANCE TO MAINTAIN THE ROOF SETBACK APARTMENT TO ALLOW THE HOME AT THE PROPERTY AT ONE 19 NORTHRIDGE, UH, DRIVE TO BE WITHIN 18 FEET FOUR INCHES AWAY FROM THE PROPERTY LINE, UH, NORTHRIDGE DRIVE.
IT'S UNIQUE FOR THE, THE GREATER OAK PARK NORTHWOOD NEIGHBORHOODS COMMUNITY, AND THAT IT DOES NOT HAVE A REAR ALLEYWAY, WHICH COULD OTHERWISE BE PARTIALLY, UH, UH, UTILIZED TO SATISFY THE REAR SETBACK REQUIREMENT.
THE VARIANCE REQUEST BY MR. JOHNSON, UH, POSES NO HARM, UH, TO, TO MY PROPERTY,
[01:55:01]
NOR DOES IT NEGATIVELY IMPACT THE CHARACTERISTICS OF THE COMMUNITY.I FULLY SUPPORT THE VARIANCE, UH, DESCRIBED ABOVE AND URGE THE BOARD OF ADJUSTMENT TO SUPPORT.
BY PROVING THIS VARIANCE, THE BOARD OF ADJUSTMENT WILL BE SERVED SERVING THE COMMUNITY BY UPHOLDING THE INTENT OF THE INTEGRITY OF THE CITY'S CODE.
AND AS STATED, BOTH LETTERS ARE THE EXACT SAME.
THAT CONCLUDES ALL THE LETTERS.
NOW LET'S HAVE THE BOARD, UH, YOU THAT OPPORTUNITY HEAR THESE
DO HAVE ANY QUESTIONS FROM THE BOARD? YOU KNOW, I ACTUALLY HAVE TO ADMIT THAT WAS PROBABLY ONE PRESENTATIONS BEFORE THE BOARD.
I THINK EVERY QUESTION WAS PRETTY MUCH ASKED AND ANSWERED.
UH, SO IF THERE ARE NO QUESTIONS FROM THE BOARD, I'M GONNA GO AHEAD AND ASK FOR, UH, CLOSEST TO THE PUBLIC AND ASK FOR A MOTION FROM THE BOARD.
MS. FISHER, WOULD YOU LIKE TO MAKE THE, UH, MOTION? YES.
YOUR, REGARDING, REGARDING CASE NUMBER BO 8 2 1 0 3 0 0 1 2 9, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A ONE FOOT EIGHT INCH VARIANCE FROM THE 20 FOOT MINIMUM REAR SET BELT TO ALLOW THE BUILDING TO BE 18 FEET FOUR INCHES AWAY FROM THE REAR PROPERTY LINE SITUATED AT ONE 19 NORTH RIDGE DRIVE, APPLICANT BEING EMILY WESSLER BECAUSE OF THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY SHARP HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE VARIANCE AS REQUESTED, IS STRICTLY LIMITED TO THE SUBJECT PROPERTY AND BEARS NO INFLUENCE, HINDRANCE, OR EFFECT ON THE GENERAL WELLBEING OF THE SURROUNDING COMMUNITY.
ADDITIONALLY, THE VARIANCE WILL NOT CAUSE ANY DISRUPTION TO THE PRIVACY OR ENJOYMENT OF THE NEIGHBORING RESIDENTIAL LOTS AS THE MAJORITY OF THE HOMES WITHIN THIS SUBDIVISION SIT EQUAL DISTANCE OR CLOSER TO THE SETBACK, WHICH HAS NO IMPACT ON THE MOST IMMEDIATE NEIGHBORHOOD PROPERTIES.
THEREFORE, GRANTING THE VARIANCE WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST NOR GREG IMPACT THE COMMUNITY.
TWO, DUE TO A SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE REQUESTED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AND DOES NOT NEGATIVELY IMPACT ANY OF THE SURROUNDING RESIDENTS OR USES.
A LITERAL ENFORCEMENT OF THE 20 FOOT SQUARE SETBACK REQUIREMENT TRIGGERS UNDUE HARDSHIP ON THE PROPERTY OWNER AS THEY WOULD HAVE TO DEMOLISH PART OF THE HOME THAT HAS BEEN ALREADY CONSTRUCTED.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED VARIANCE DOES NOT IGNORE THE SPIRIT OF THE ORDINANCE OR THE CHARACTERISTICS OF THE NORTH RIDGE PARK COMMUNITY.
GRANTING OF THIS VARIANCE DOES NOT NEGATIVELY IMPACT THE AESTHETIC VALUE OF SURROUNDING PROPERTIES.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
THE REQUESTED VARIANCES WILL NOT PERMIT A USE NOT AUTHORIZE WITHIN THE DISTRICT.
IT IS LOCATED IN 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.
THE REQUESTED VARIANCE TO REDUCE THE REAR SETBACK WOULD NOT SUBSTANTIALLY INJURE OR ALTER THE USE OR CHARACTER OF ADJACENT CONFORMING PROPERTIES OR CHARACTER OF THE DISTRICT.
THE VARIANCE WOULD NOT PLACE THE STRUCTURE OUT OF CHARACTER WITHIN THE COMMUNITY.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT
[02:00:01]
IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER AND IS NOT FINANCIAL IN NATURE.
THE PLIGHT OF THE PROPERTY OWNER IS DUE TO THE UNIQUE AND EXTENUATING CHARACTER OF THE NEIGHBORHOOD'S, PROPERTIES, PHYSICAL ATTRIBUTES IN RELATION TO EVERY OTHER HOME WITHIN THE COMMUNITY.
I WILL BE, UH, OKAY, HOLD ON A SECOND.
THAT'S THE END OF YOUR MOTION? YEAH, END OF MY MOTION.
DO WE HAVE A SECOND ON THIS MOTION? SECOND.
SO, MS. FISHER, YOU MAY START THE DISCUSSION.
YES, I WILL BE IN SUPPORT OF THIS MOTION.
UH, THE PROPERTY IS ALREADY CONSTRUCTED TO THE CITY CODES AND, AND ALREADY HAS APPROVAL.
UH, THE CONSTRUCTION DOES NOT NEGATIVELY, UH, IMPACT THE LARGER COMMUNITY AND IS GENERALLY CONSISTENT TO THE NEIGHBORHOOD AS WELL AS THE NEIGHBORHOOD SUPPORTING THE, UH, USE OF THE STRUCTURE IN THE GREATER NEIGHBORHOOD COMMUNITY.
ALRIGHT, MR. R, DO YOU HAVE ANY INPUT YOU'D LIKE IN YES.
I MEAN, THIS, THIS IS, UH, I DON'T THINK THERE WAS ANY REAL INTENT TO, UH, TO DO ANYTHING INCORRECT WHEN THIS WAS BILLED.
UM, AND I'M IN FULL APPROVAL OF IT.
I DON'T THINK IT'S A, A HINDRANCE TO ANYBODY.
AND, UM, SO I'LL BE IN SUPPORT.
ANY OTHER, UH, BOARD MEMBER MIKE INPUT? DELMER? MR. UH, MR. DELMER? UH, I WOULD AGREE WITH MR. ORIAN COMPLETELY ABOUT, UH, WHAT SAID ABOUT IT.
UH, ANYONE ELSE? UH, I WILL BE IN SUPPORT OF THIS PARTICULAR MOTION AS WELL.
SO LET'S GO AHEAD AND TAKE A ROLL.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. YES, I CONCUR WITH THE FINDINGS OF FACT.
MR. MAD, I CONCUR WITH THE FINDINGS.
MS. BRACKMAN, I CONCUR WITH THE FINDINGS OF FACTS.
MS. DEVIN, I CONCUR WITH THE FINDINGS OF MR. DELMER.
I CONCUR MS. FISHER, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ WITH THE UNANIMOUS VOTE.
UH, I CONCUR WITH THE, UH, FINDINGS OF FACT, UNANIMOUS VOTE OF THE BOARD, UH, PENDING, UH, AND OVER NINE THE MOTION FOR, UH, FOR VARIANCE AS APPROVED.
UM, AND, UH, THAT, UH, I GUESS CONCLUDES THE CASES THAT WE HAVE BEFORE US TODAY.
I NOTICED THAT ON THE, UH, INFORMATION THAT WAS SENT, THERE WAS SOME SORT OF PRESENTATION HERE ON PAGE 79.
THE ONLY CASE THAT WAS POSTPONED AND WILL NOT BE CONSIDERED TODAY IS BOARD OF ADJUSTMENT CASE THAT ENDS IN ONE 15.
SO WE DON'T NEED TO DO, MAKE ANY ACTION ON NO.
[7. 20-7407 Consideration and approval of December 7, 2020 minutes]
DID EVERYONE HAVE THE OPPORTUNITY TO REVIEW THE MINUTES, UH, FROM THE LAST MEETING? YEAH.DID EVERYONE, UH, DOES ANYONE HAVE A RECOMMENDATION FOR ALTERATION OR ADJUSTMENTS THAT NEED TO BE MADE ON A MINUTES BEFORE WE ABOVE FOR TEAL? MR. TEAL? IF I RECALL, I THINK IT WAS CASE FIVE.
[02:05:01]
BEAUTY PARLOR ONE OPERATOR.UM, I, I THOUGHT I, I MADE THE MOTION AND READ THE MOTION.
UM, BUT THE, THE MINUTES DID NOT REFLECT THAT.
BUT, UH, I'M, I'M NOT SURE IF THAT'S CORRECT OR NOT.
I, I DIDN'T HAVE IT IN MY NOTES.
UM, WHAT, WHAT DOES IT, I DON'T HAVE A FOR WHAT DOES SHOW, I'D HAVE TO PULL IT UP.
I DON'T, IT SHOWED THAT MOTION WAS, UH, MADE BY JUDGE.
WE CAN DOUBLE CHECK THAT AND THEN BRING BACK THE MINUTES AT THE NEXT MEETING.
BUT, OR, UM, IT DOES ACTUALLY, IF IT DOESN'T, UH, TAKE A, A CORRECTION, WE CAN MAKE THAT CORRECTION IF, AND STILL YOU CAN MAKE YOUR MOTION, UM, TO APPROVE AS AMENDED IF NEEDED.
DO I HAVE A MOTION TO APPROVE THE MINUTES, UH, WITH ANY CORRECTIONS IF NEEDED? ORIAN.
MR, DO YOU NEED A MOTION TO APPROVE THE MINUTES, UH, WITH ANY CORRECTIONS AS NECESSARY BY FILE? UH, DO WE HAVE A SECOND SHALL ALL RIGHT, NOW WE HAVE A MOTION TO SECOND.
SO LET'S TAKE A ROLL CALL VOTE ON APPROVAL OF THE MINUTES.
I APPROVE MS. BREGMAN? YES, I APPROVE MR.
I APPROVE THE MINUTES TO PRESENTED WITH ALL CORRECTION THAT WILL BE NECESSARY.
UH, THAT, UH, I GUESS, UH, CONCLUDES THE, UH, BOARD'S ACTIONS.
DO WE HAVE ANY, DO WE HAVE ANY ANNOUNCEMENTS NEED TO BE MADE? NO.
NOTHING ELSE TO REPORT, BUT OUR NEXT MEETING IS NOT UNTIL JANUARY 11TH.
SO, SIX CASES THAT INCLUDE, UM, AN APPEAL THAT YOU WERE, UH, NOTIFIED ABOUT.
WHAT ARE WE GONNA START ACCEPTING MORE CASES? WELL, WE ARE PURPOSEFULLY MAKING THIS ONE ONLY SIX CASES BECAUSE WE ANTICIPATE THE APPEAL WILL GO FOR A WHILE, BUT WE HAVE BEEN ACCEPTING CASES AND ARE SCHEDULING MORE.
IF IT WEREN'T FOR THIS APPEAL, WE WOULD PROBABLY HAVE AT LEAST NINE ON THE AGENDA.
UH, SO LET'S LOOK FORWARD TO EVERYONE HAVING A WONDERFUL, HEALTHY, COMFORTABLE CHRISTMAS.
'CAUSE I WANT TO SEE YOUR SMILING FACES, UH, AT OUR NEXT MEETING, IF NOT SOONER.
AND, UH, AS, UH, AS EVERYTHING GOES WELL, I THINK THAT, UH, THINGS LOOK GOOD.
I HOPE THAT VERY SOON WE'LL BE ABLE TO COME BACK TO OUR REGULAR SESSIONS, WHICH IS NICE TO PUT THE ONEROUS AND ALL THIS TECHNOLOGY ON THE STAFF INSTEAD OF TRYING TO CONNECT OURSELVES BECAUSE I ACTUALLY HAD TO DO SOMETHING I'VE NEVER DONE BEFORE TO CONNECT.
MY COMPUTER IS NOW WIRED BY LANDLINE AND BY DATA STREAM IN ORDER FOR ME TO MAKE THIS MEETING.
SO, UM, IF ANYONE ELSE, UH, HAS ANYTHING THEY'D LIKE TO SAY BEFORE I CONCLUDE THE MEETING, MERRY CHRISTMAS TO ALL AND HAVE A WONDERFUL NEW YEAR.
I'M GONNA CONCLUDE THE MEETING OF THE BOARD OF ADJUSTMENTS.
THE MEETING IS OFFICIALLY OVER.