[00:00:09]
[Call to Order]
RIGHT.UH, GOOD AFTERNOON LADIES AND GENTLEMEN.
MY NAME IS DONALD ORIAN AND I AM THE CHAIRMAN OF THE BOARD OF ADJUSTMENT OF THE CITY OF SAN ANTONIO.
I HEREBY CALL THIS REGULARLY NOTICED MEETING OF THE CITY OF SAN ANTONIO, BOARD OF ADJUSTMENT AND DISCUSSION.
CAN WE HAVE OUR INTERPRETERS READ THE INTERPRETATION SERVICES AVAILABLE FOR THIS MEETING, PLEASE? THANK YOU.
UH, STAFF PLEASE CONDUCT THE ROLL CALL.
MR. TEAL? PRESENT? MR. UNA? MR. UNA? OH, WE CAN'T HEAR YOU, SIR.
GOT A THUMBS UP FROM MR. REINA
ALRIGHT, SO BEFORE WE PROCEED WITH TODAY'S CASE, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION.
UH, THE BOARD FOLLOWS AN AGENDA WHICH IS POSTED ON THE CITY'S WEBSITE.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING.
UH, WE'RE ALL PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, CONFIDENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA BREAKING OUT.
SIR, CAN YOU HEAR ME NOW? HELLO? CAN Y'ALL HEAR ME? YEAH, YOU'RE CLEAR.
YEAH, YOU'RE CLEAR ON MY SIDE.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR IN SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32, THE HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND INTE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED ON UPON FINDINGS OF FACT, AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION IN ORDER FOR A MOTION TO CARRY.
IT REQUIRES A CONCURRING LOAD OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANTING THE RELEASE SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM DECISIONS OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW.
BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE.
PRIOR TO STARTING WITH OUR ITEMS, I'D LIKE, UH, STAFF TO REVIEW OUR MEETING FORMAT.
I DON'T THINK THEY CAN HEAR YOU, DON.
I THINK THEY'RE HAVING PROBLEMS. OH BOY.
DONALD, CAN YOU HEAR US NOW? YES, WE CAN.
DID YOU CATCH, UH, THE RECORDING, THE STATEMENTS? WE DIDN'T HEAR YOU, BUT APPARENTLY EVERYBODY ELSE COULD HEAR YOU INCLUDING ONLINE.
IT WAS, UH, IT WAS OUR SYSTEM HERE, SO WE'RE GOOD FROM YOUR END OF IT.
[00:05:01]
AND, OKAY.FOR THE RECORD, MS. CRUZ HAS JOINED THE MEETING AT 1 0 6.
I JUST, FOR SOME ODD REASON, IT WOULDN'T LET ME IN, SO I FINALLY GOT IT.
MS. SCREW ALL SEEMS TO BE, THE TIMING IS PERFECT NOW.
ALRIGHT, LEMME GET YOU TO OUR PRESENTATION.
WE HAVE SOME TECHNICAL ISSUES ON THIS SIDE.
TO PROTECT THE HEALTH AND PUBLIC, UH, THE HEALTH OF THE PUBLIC AND LIMIT THE POTENTIAL SPREAD OF COVID 19, THE BOARD OF ADJUSTMENT IS HOLDING MEETINGS VIA VIDEO CONFERENCE.
THESE MEETING STANDARDS ARE BASED UPON THE VARIOUS SUSPENDED PROVISIONS OF THE OPEN MEETINGS ACT ISSUED BY THE TEXAS GOVERNOR IN RESPONSE TO THE C OVID 19 CRISIS AND ARE IN PLACE UNTIL FURTHER NOTICE.
MEMBERS OF THE PUBLIC CAN WATCH AND LISTEN TO THIS MEETING BY VISITING 10 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.
STATEMENTS OR COMMENTS WILL BE LIMITED TO TWO MINUTES FOLLOWING THE PRESENTATION BY THE APPLICANT.
STAFF WILL READ INTO THE RECORD ANY EMAILS OR LETTERS RECEIVED.
STAFF WILL ALSO PLAY ANY MESSAGES RECEIVED BY VOICEMAIL.
LASTLY, FOR THE, THOSE THAT SIGNED UP TO RECEIVE A CALLBACK, WE WILL CALL THEM TO STATE THEIR TWO MINUTE COMMENTS.
SPANISH INTERPRETERS ARE ON STANDBY AS NEEDED.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL WITH A TWO MINUTE TIME LIMIT, ALONG WITH AN OPPORTUNITY TO ADDRESS COMMISSION QUESTIONS.
[1. 21-1869 (Continued from 02/01/2021) BOA-20-10300135]
UH, WELL, LET'S, LET'S BEGIN WITH OUR FIRST CASE.IT IS A CONTINUANCE FROM FEBRUARY 1ST.
IT'S AT, UH, CASE 1 0 3 0 0 1 3 5 AT THREE 13 NORTH PINE STREET COUNCIL DISTRICT TWO.
THE APPLICANT HAS LEGAL ARCHITECTURE REQUEST FOR A FIVE FOOT VARIANCE TO THE MINIMUM OF 10 FOOT REAR SETBACK AS DESCRIBED IN SECTION 35 3 10 DASH UM, 1 0 1 TO ALLOW TWO STRUCTURES TO BE FIVE FEET AWAY FROM THE REAR PROPERTY LINE.
KEON IS RMM FOUR RESIDENTIAL MIXED 4,000 SQUARE FOOT LOT HISTORIC AND AIRPORT HAZARD OVERLAY.
SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF SAN ANTONIO WITHIN A SINGLE FAMILY AREA AND THE GRITTY HILL NEIGHBORHOOD.
THE APPLICANT IS REQUESTING A VARIANCE TO THE PORTION OF THE REAR SETBACK.
THE CURRENT SETBACK REQUIREMENT FOR THE RMM FOUR IS 10 FEET.
APPLICANT'S RECEIVED A CERTIFICATE OF APPROPRIATENESS FROM THE CITY OF SAN ANTONIO HOUSING OFFICE OF HISTORIC PRESERVATION ON NOVEMBER 18TH, 2020 IN WHICH INCLUDED THE VARIANCE REQUEST.
COPY OF THE SITE PLAN, SUBJECT PROPERTY, THE CORNER OF THE SUBJECT PROPERTY AT PINE AND POTOMAC, NEIGHBORING PROPERTY AND SURROUNDING AREA.
STAFF RECOMMENDS APPROVAL OF D O A 21 0 3 0 0 1 3 5 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REAR OF THE TWO PROPOSING FAMILY STRUCTURES WILL BE FIVE FEET FROM THE SIDE PROPERTY LINE OF THE ADJACENT CONFORMING PROPERTY, AND THE STRUCTURE WILL MAINTAIN A 10 FOOT SEPARATION FROM THE ADJACENT STRUCTURES.
THERE ARE 22 NOTICES OUT, SIX IN FAVOR, FIVE IN OPPOSITION.
UH, WE DID HEAR FROM THE DIGNITY HILL NEIGHBORHOOD ASSOCIATION, WHICH THEY ARE IN FAVOR.
WE ALSO RECEIVED AN ADDITIONAL SIX IN FAVOR OUTSIDE THE 200 FOOT AREA.
AND AS PREVIOUSLY THE LAST MEETING, THERE WERE EIGHT VOICEMAILS IN OPPOSITION.
WE DID RECEIVE ONE ADDITIONAL VOICEMAIL.
HE WAS THE PREVIOUS CALLER, BUT HE HAD ADDITIONAL INFORMATION, UM, WHICH WE'LL SAVE FOR THAT FOR LATER.
WE DO HAVE THE APPLICANT, UH, FELIX ZIGA ON THE LINE.
MR. ZIGA, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
[00:10:14]
STAFF.WHILE WE'RE WAITING FOR, UH, THE APPLICANT, UH, YOU MENTIONED THAT THERE WERE, THERE WERE SIX IN OPPOSITION, BUT YOU ONLY REFLECTED, UH, FIVE XS, OR DID I HAVE THAT ALL BY ONE? THEY'RE FROM OUTSIDE THE 200 FOOT AREA, SIR.
WE'RE GONNA, WE'RE GONNA RECONNECT THE APPLICANT.
UM, SO WE HAD THE PREVIOUS COMMENTS AS WELL AS THE VOICEMAILS.
UH, THERE WERE SOME ADDITIONAL THAT, UH, THE APPLICANTS, UH, I GUESS THEY BLOCK WALKED.
UM, AND THEN WE ALSO RECEIVED THE, THE CONTACT OR THE INFORMATION FROM THE NEIGHBORHOOD ASSOCIATION, UH, STATING THEIR SUPPORTS.
YEAH, I JUST WANNA MAKE SURE THAT YOU POINTED OUT ANYTHING THAT'S CHANGED SINCE THE, UH, WE INITIALLY HEARD THIS, UH, A FEW SUPPORTS AND THEN THE ASSOCIATION.
WE DIDN'T HEAR FROM 'EM BEFORE, BUT THEY DID SUBMIT THIS TIME.
THE ONLY NEW VOICEMAIL THAT WE DID RECEIVE, UM, HE WAS, HE DID LEAVE A VOICEMAIL PREVIOUSLY.
HE, WE, WE'VE PLAYED IT BEFORE.
IF YOU WANNA PLAY THAT ONE, WE CAN DO THAT NOW.
HI, CAN YOU HEAR ME NOW, MR. ZIGA? YES, THIS IS HIM.
UH, WELL, YOU, YOU HAVE THE FLOOR.
WE'RE, UH, PLEASE BEGIN YOUR PRESENTATION.
UM, YES, STATE, STATE YOUR NAME AND SIR, PLEASE STATE YOUR NAME AND ADDRESS PRIOR TO, UH, BEGINNING.
I'M THE ARCHITECT ON THE PROJECT.
MY OFFICE ADDRESS IS 1 1 7 2 3 WHISPER VALLEY STREET, SANTANA, TEXAS 7 8 2 3 0.
UM, I APOLOGIZE WE WERE HAVING SOME TECHNICAL DIFFICULTIES.
UM, BUT YES, THIS IN SUMMARY, UM, THIS PRO THIS CASE IS A CONTINUANCE FROM, UH, THE LAST TIME WE WERE HERE, WHICH WAS, UH, LAST MONTH.
UM, I WANTED TO THANK THE, THE BOARD, UH, FOR GIVING US AN OPPORTUNITY TO, UM, TALK TO SOME OF THE NEIGHBORS AND GAIN SOME SUPPORT FOR THIS CASE.
IN SUMMARY, UM, WE ARE SEEKING A, UM, REAR SETBACK VARIANCE.
UM, THIS WAS THE PROJECT WHERE ONCE WE GOT HISTORICAL APPROVAL, WE RAN INTO A SMALL TECHNICALITY DURING PERMITTING THAT, BECAUSE THE ADDRESSES ARE GONNA BE OFF OF PINE STREET, UM, OUR REAR SETBACK IS ACTUALLY THE SIDE YARD OF THE, THE OVERALL LOT CONFIGURATION.
UM, WE DIDN'T THINK, UM, WE WERE GOING TO MEET A LOT OF OPPOSITION.
SO THE FIRST GO AROUND, YOU KNOW, WE, WE DIDN'T TAKE, UH, THE TIME TO SPEAK TO THE NEIGHBORS AND SUCH.
UM, THIS TIME WE DID SO, AND THERE WAS AN OVERWHELMING, UH, SUPPORT, UM, AT LEAST FROM THE NEIGHBORS WITHIN 200 FEET OF US.
UM, I KNOW THE OWNER, THE PROPERTY OWNER ALSO OBTAINED LETTERS FROM OUTSIDE THE 200 FEET AND WE WERE ABLE TO GET IN TOUCH, UM, TO THE, WITH THE NEIGHBORHOOD ASSOCIATION AND THEY SENT A LETTER IN SUPPORT AS WELL.
SO I'M HAPPY TO ANSWER ANY QUESTIONS.
UM, THE OWNER'S ON THE LINE AS WELL, UH, TO ANSWER ANY QUESTIONS AS NEEDED.
ARE THERE ANY QUESTIONS? MANNA? UH, GO AHEAD, SIR.
SO, UM, SO MR. ZIGA, YOU INDICATED THAT YOU DID A BLOCK WALK AND WE'RE ABLE TO GET ADDITIONAL, UM, I GUESS APPROVALS.
AND SO, UM, IF THE STAFF COULD BRING UP THE, UM, UM, MAP THAT SHOWS, UH, WHAT THE CURRENT, THERE YOU GO.
SO, SO, UM, DID YOU HAVE AN OPPORTUNITY TO TALK TO THOSE THAT WERE XS AND, UH, TRY TO GET THEIR PERSPECTIVE? UM, I'M NOT EXCUSE.
THERE'S A LITTLE BIT OF DELAY.
UH, LET ME WAIT FOR THAT MAP REAL QUICK AND I CAN SPEAK TO THAT.
THERE'S GONNA BE DELAY MR. ZIGA.
UL ULTIMATELY IT'S JUST REALLY SHOWING THE OPPOSITION AND SUPPORT WITHIN THAT 200 FOOT AREA
UM, I DO NOT BELIEVE WE SPOKE TO THEM, ONLY BECAUSE THOSE ARE THE FOLKS THAT WERE LEADING THE RALLY, UH, AGAINST THE PROJECT.
THEY'RE, THEY'RE KIND OF PART OF THE SAME, UM, ORGANIZATION OR CREW.
UM, WE DID FOCUS ON SPEAKING TO FOLKS THAT MAY BE UNDERREPRESENTED OR, OR JUST HADN'T BEEN REACHED OUT TO YET.
UM, BUT WE KNOW FOR SURE THAT THE, THE FOLKS AT 1120 AND 1130, UM, EAST CROCKETT, UM, WE PROBABLY WEREN'T GOING TO BE ABLE TO CHANGE THEIR MIND.
UM, AS FAR AS THE TWO XS ON POTOMAC, UM, HONESTLY, WE, WE DIDN'T, WE DIDN'T REALIZE THAT WAS WITHIN 200 FEET, SO
[00:15:01]
WE REALLY FOCUSED ON THE ADJACENT NEIGHBORS THAT WERE GONNA BE DIRECTLY IMPACTED BY THE PROJECT.UM, THE PROPERTY AT 1 22 POTOMAC, UH, NOBODY WAS HOME, UH, WHEN WE WERE, AND, AND SAME THING AT THE PROPERTY AT 3 21, UH, PINE, NOBODY WAS HOME AT THE, UH, THAT DAY THAT WE WENT OUT.
SO THIS QUESTION'S FOR THE CITY STAFF.
THIS MAP HERE HAS NOT CHANGED THEN SINCE, UM, THE, THE PRIOR REVIEW, UH, WITH, WITH THE ONLY EXCEPTION BEING THE SIX IN FAVOR OUTSIDE THE 200 FOOT, IS THAT CORRECT? THERE WAS ONE THAT WAS IN OPPOSITION PREVIOUSLY.
UH, HE CHANGED HIS MIND AND THERE'S A LETTER OF SUPPORT NOW.
YEAH, I THINK WE'LL GET TO HEAR THOSE.
I'D LIKE TO CALL THAT OUT PLEASE.
UM, WHEN WE GET TO THE LETTER, I'LL BE ABLE TO RIGHT, UH, FIND IT ULTIMATELY.
BUT, UH, THE, ALSO THE NEW THING IS THE ASSOCIATION.
AND AT THE LAST TO DECLARE, THIS IS FELIX, YOU GOT TO CLARIFY AT THE LAST HEARING, UM, WE DIDN'T HAVE ANY, UH, SUPPORT ANY, AT LEAST ANY OFFICIAL SUPPORT OR IN FAVOR STAFF.
UH, WAS THERE ANY, UH, CARDS RETURNED THAT WERE IN FAVOR DURING AT THE LAST TIME? UH, NO, SIR.
SO WE'RE GONNA SHOW YOU THE, THE LETTERS IN A FEW MINUTES OF THOSE IN SUPPORT THIS TIME.
UM, AS WELL AS THE, THE LETTER FROM THE ASSOCIATION.
UH, IS THERE ANY OTHER COMMISSIONER QUESTIONS BEFORE WE DO THAT? MANCHACA, UH, COMMISSIONER MANCHACA? UH, WE'D LIKE CLARIFICATION AGAIN, IF I'M REMEMBERING CORRECTLY.
WAS WAS IT ONE BUILDING SITE OR TWO BUILDING SITES? THIS ISSUE IS ABOUT WILL THIS COVER BOTH BUILDING SITES A SETBACK ISSUE? NO, SIR.
WE'RE GONNA GO TO THE SITE PLAN RIGHT NOW.
OVERALL PROPERTY IS TWO LOTS, CORRECT? HE IS WORKING WITH THE LOT CLOSEST TO PINE STREET.
SO IT IS, UM, RMM FOUR TECHNICALLY THAT ALLOWS YOU UP TO FOUR RESIDENTIAL UNITS, UM, BY ZONING CODE.
ANY OTHER COMMISSIONER QUESTIONS? OKAY.
UH, STAFF PLEASE, UH, GO MOVE ON WITH YOUR, UH, PRESENTATION REGARDING THE SUPPORT LETTERS THAT WERE RECEIVED.
WE'RE GONNA PLAY THE VOICE MESSAGE FIRST, SIR.
AND THEN WE'LL RE WE'LL READ AND RECORD THE LETTERS.
CALLING ME ABOUT CASE NUMBER BO OA DASH TWO ZERO DASH 0 3 0 1 3 5.
UH, THIS IS MARK ZI, 7 1 3 2 3 1 7 8 6 9.
AND I LIVE AT 1120 EAST CROCKETT AND KNOWN ONE 19 POTOMAC.
MY PREVIOUS STATEMENT AND OPPOSITION TO THE VARIANT STILL STANDS AFTER THE HEARING.
AFTER THE HEARING LAST MONTH AND AFTER THE RECOMMENDATIONS BY THE BOARD THAT THE APPLICANT MEET WITH THE NEIGHBORHOOD AND NEIGHBORS IN OPPOSITION TO TRY TO GAIN SUPPORT, I WAS HOPEFUL THAT THE APPLICANT MIGHT REACH OUT WHEN WE ASKED THE NEIGHBORHOOD ASSOCIATION IF THEY HAD A POSITION IN THIS MATTER.
AFTER REVIEWING THE APPLICANT'S SUPPORT FROM SURROUNDING NEIGHBORS, WE SENT A LETTER OF SUPPORT FOR THE B O A CASE END QUOTE.
TO BE CLEAR, NEITHER THE APPLICANT NOR THE NEIGHBORHOOD ASSOCIATION REACHED OUT TO ME OR TO SEVERAL OF US IN THE 200 FOOT AREA WHO OPPOSED.
MANY OF US BELIEVE THAT IT'S IMPORTANT FOR A NEIGHBORHOOD ASSOCIATION TO BE CONSIDERATE OF ALL NEIGHBORS IN THE AREA OF IMPACT WHEN MAKING THE ATTEMPTS TO DISCUSS AND ZONING PLANNING OR B O A CASE SELECTIVELY COMMUNICATING WITH ONLY SOME NEIGHBORS GIVES THE APPEARANCE THAT THE NEIGHBORHOOD ASSOCIATION IS CHERRY PICKING THE RESPONSES IT WANTS FOR ITS OWN PURPOSES.
IN THIS CASE, IT APPEARS IT WAS FOR THE DEVELOPER AND NOT FOR THE EXISTING RESIDENTS AS STAKEHOLDERS.
OKAY, WE'RE GONNA READ IT TO THE RECORD, THE ASSOCIATION LETTER, FORGIVE ME, I'M TRYING TO READ IT FROM THE SCREEN HERE.
UH, THIS IS FROM THE TY HILL NEIGHBORHOOD ASSOCIATION.
UM, THE BOARD CONCERNS WITH THE FOLLOWING RECOMMENDATIONS MADE BY OUR HISTORIC PRESERVATION ARCHITECTURAL REVIEW COMMITTEE.
THE BOARD OF JUST IN CASE D O 8 21 0 3 0 0 1 3 5 FOR THREE 13 NORTH PINE STREET, THE DIG HILL NEIGHBORHOOD ASSOCIATION, HISTORIC PRESERVATION ARCHITECTURAL REVIEW COMMITTEE HAS REVIEWED THE PROPOSED, UH, PROPOSAL SUBMITTED FOR THREE 13 NORTH PINE STREET.
UPON REVIEW, THE H P A R C SUPPORTS THE PROPOSAL IN ALIGNMENT WITH STAFF'S RECOMMENDATION OF APPROVAL.
THE H P A R C HAD PREVIOUSLY SUPPORTED THE APPLICANT'S PROPOSAL, UH, IN THE H G R C PROCESS.
SINCERELY, ELENA MARTINEZ PRESIDENT
[00:20:04]
AND THE LETTERS OF SUPPORT ARE BASICALLY THE SAME, UH, LETTERS JUST FROM THE DIFFERENT, UH, RESIDENTS.UH, I AM WRITING THIS LETTER TO SHOW MY SUPPORT OF THE VARIOUS REQUESTS RELATED TO THE PROPOSAL AT THREE 11 NORTH PINE, UH, FOR TWO NEW, I THINK THIS PROJECT WILL HELP IMPROVE THE NEIGHBORHOOD AND AM IN SUPPORT OF THE APPLICANT'S, UM, VARIANCE REQUEST.
I LIVE APPROXIMATELY TWO BLOCKS AWAY AT, AND HE CLARIFIES ONE 18 TO ONE 30 BOSTON STREET.
OUTSIDE 10 FEET, SAME LETTER FROM 7 27 NORTH CENTER STREET FROM RUDY MARTINEZ.
NOT A PROPERTY OWNER WITHIN 10 FEET.
PROPERTY OWNER WITHIN IS FROM RICHARD GABRIEL AT 1126 EAST CROCKETT.
I BELIEVE MR. GABRIEL, IF I'M NOT MISTAKEN, WAS A PREVIOUS, UH, DENIAL AND THEN CHANGED IT TO APPROVAL.
IT'S FROM EARL WRIGHT IN SUPPORT AS WELL.
OUTSIDE 200 FOOT AREA, ANOTHER OUTSIDE 200 FOOT 1133 EAST CROCKETT, I'M NOT CLEAR ON THE NAME.
1201 EAST CROCKETT FROM RENEE URA.
I'M, I'M NOT SURE SIR, OUTSIDE 200 FOOT AREA 1 25 POTOMAC FROM MANNY RODRIGUEZ.
ALSO IN SUPPORT ONE 18 POTOMAC, UH, UNCLEAR AS WELL.
NEXT ONE, NORTH PINE 3 0 3 NORTH PINE, UH, WEATHERS THE LAST NAME.
STEPHANIE
AND THEN AT 1212 NOLAN, ONE 15 ST.
UH, ZEKE, WHEN YOU HAVE AN ORANGE NON-PROPERTY OWNER WITHIN 200 FEET, IS THAT, UH, WHO IS VERIFYING THAT? IS THAT YOU OR THE APPLICANT? THAT'S MY CASE MANAGERS.
UH, WHAT THEY'RE DOING IS THEY'RE, THEY'RE RECEIVING THESE AND THEY'RE CONFIRMING IF THE APPLICANT LIVES THERE, WHAT THE SCENARIO IS IN THESE CASES.
THEY'RE NOT PROPERTY OWNERS, BUT THEY LIVE IN THE AREA.
UH, AND, UH, IS THERE ANY OTHER COMMISSIONER'S QUESTIONS? UH, BEFORE I, UH, ASK A FEW MYSELF.
SO, UH, I, MY QUESTION IS, IS DID ANYBODY CALL STAFF AND VOICE ANY, ANY SPECIFIC, UH, TECHNICAL, UH, ITEM THAT WAS, THAT THEY'RE OPPOSED TO AT ALL TO YOU GUYS? UH, FOR US, NOTHING OTHER THAN, UM, THE NEW LETTERS THAT WERE RECEIVED ALONG WITH THE ASSOCIATION, THERE'S NOTHING ELSE, BUT NOBODY CALLED AND, AND ASKED, YOU KNOW, JUST FOR YOU TO EXPLAIN WHAT'S GOING ON.
UH, MAYBE TALK ABOUT WHAT THE REAL ISSUE WITH THIS IS.
IT WAS JUST, IT WAS DOCUMENTATION ONLY.
UH, BUT THE, I, IN SPEAKING WITH THE CASE MANAGER, HE HADN'T RECEIVED ANYTHING DIFFERENT.
IF THERE'S NO FURTHER QUESTIONS, WE'LL GIVE THE APPLICANT AN OPPORTUNITY TO, TO MAKE A REBUTTAL STATEMENT.
OKAY, MR. ZIGA? HI, UH, THIS IS FELIX.
UM, UM, SO I JUST WANTED TO TAKE THIS OPPORTUNITY TO, UM, CLARIFY THAT, YOU KNOW, WE, WE DIDN'T INTENTIONALLY OSTRACIZE ANY OF THE NEIGHBORS OR ANYTHING LIKE THAT.
YOU KNOW, I DON'T WANT THIS TO BE CONSIDERED CHERRY PICKING BY THE NEIGHBORHOOD ASSOCIATION BY ANY MEANS.
WE'RE, UH, MYSELF AND THE DEVELOPER, WERE ACTUALLY THE ONES THAT WENT OUT AND KNOCKED ON DOORS.
UM, AND WE, WE DID OUR BEST TO TRY TO STAY WITHIN 200 FEET.
UM, IF, IF THE, YOU KNOW, THE ACCUSATION OF CHERRY PICKING WAS THROWN AROUND, I MEAN, WE COULD SAY THE SAME THING AS FAR AS THE LAST HEARING GOES.
RIGHT? NOT TO BE FOCUSED ON THE NEGATIVE, BUT I MEAN, THERE WERE, THERE WERE QUITE A FEW CALLS
[00:25:01]
AT THE LAST HEARING THAT OF FOLKS THAT DIDN'T EVEN LIVE IN THE NEIGHBORHOOD.UM, WE DID FOCUS ON RESIDENTS IN THE NEIGHBORHOOD AND, AND THE KEYWORD THERE, RESIDENTS.
UM, WE DID NOT ASK WHETHER THEY WERE THE PROPERTY OWNER OR NOT.
YOU KNOW, WE DIDN'T WANT TO DISCRIMINATE AGAINST THAT EITHER.
UM, IT WAS MORE AN EXERCISE OF, HEY, YOU KNOW, WHO'S GONNA BE IMPACTED, DIRECTLY IMPACTED.
AND WE THOUGHT THAT THE MOST IMPACT WAS GONNA BE BY THE FOLKS DIRECTLY ACROSS THE STREET AND THEN ADJACENT, UH, TO OUR PROPERTY LINES.
UM, BRETT, IS THERE ANYTHING THAT YOU WOULD LIKE TO ADD? NO, I THINK YOU PRETTY MUCH COVERED IT, FELIX.
ALRIGHT, WELL, THANK YOU VERY MUCH.
UH, IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION IN THIS CASE.
UH, COMMISSIONER Z REGARDING CASE NUMBER BO O A DASH 20 DASH 0 3 0 0 1 3 5.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT THE REQUEST FOR A FIVE FOOT VARIANCE TO THE MINIMUM 10 FOOT REAR SETBACK TO ALLOW TWO STRUCTURES TO BE FIVE FEET AWAY FROM THE REAR PROPERTY LINE SITUATED AT 3 1 3 NORTH PINE STREET, APPLICANT BEING ZIGA ARCHITECTURE STUDIO P L L C.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REAR SETBACK VARIANCE OF FIVE FEET IS NOT CONTRARY TO THE PUBLIC INTEREST.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
LITERAL ENFORCEMENT OF THE ORDINANCE WOULD DIRECTLY IMPACT THE FEASIBILITY OF THE NEW CONSTRUCTION PROJECT AS ENVISIONED BY THE OWNERS AND DESIGNED AND AS APPROVED BY THE OFFICE OF HISTORIC PRESERVATION AND THE HISTORIC, HISTORIC AND DESIGN REVIEW COMMISSION.
THREE, BY GRANTING THE VARIANCE AND SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
FOUR, 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.
THIS VARIANCE REQUEST ONLY AFFECTS THE MINIMUM REAR SETBACK AND ALLOWABLE BUILDABLE AREA.
IT DOES NOT IMPACT THE OPERATION OF A USE, NOT SPECIFICALLY AUTHORIZED IN THE RM FOUR ZONING.
DISTRICT FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUESTED VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.
MANY NEIGHBORING PROPERTIES HAVE REDUCED REAR SETBACKS DUE TO THE HISTORIC CHARACTER OF THE NEIGHBORHOOD AND EVOLUTION OF THE URBAN FABRIC AND SUBDIVISION OF LOT PARCELS THROUGHOUT THE YEARS.
SIX, THE PLIGHT OF THE OWNER OF THE, OF THE PROPERTY FOR WHICH THE VARIANCE ASSAULT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL AND ARE NOT DUE TO OF THE RESULT OF GENERAL CONDITIONS AND THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE UNIQUE CIRCUMSTANCES OF THIS PROPERTY THAT CREATE THE PLIGHT TO THE OWNER ARE THE CORNER LOT CONDITIONS, HISTORIC DESIGN GUIDELINES, AND THE PROJECT DESIGN IS APPROVED BY THE OFFICE OF HISTORIC PRESERVATION AND THE HISTORIC AND DESIGN REVIEW COMMISSION.
THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE CURRENT OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT, NOT DUE TO THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
WE HAVE A SECOND BY COMMISSIONER CRUZ.
UH, COMMISSIONER ZUNA, CAN YOU PLEASE LEAVE THE DISCUSSION? THANK YOU.
I WAS THE ONE THAT ASKED FOR THE CONTINUATION ORIGINALLY FOR THIS CASE, AND I THOUGHT IT WAS APPROPRIATE FOR THE APPLICANT TO TRY TO GET, UM, SOME NEIGHBOR CONSENSUS AND TO GET THE CONSENSUS FROM THE, UH, THE NEIGHBORHOOD ASSOCIATION IN WHICH THEY DID.
I MEAN, THIS IS CLEARLY KIND OF A TECHNICAL ISSUE AND THAT THE LOCATION OF THE ADDRESS STREETS REALLY CREATED, UH, THE IMPACT OF THE FIVE FOOT VARIANCE.
I THINK THEY'VE TAKEN ALL THE STEPS THAT, THAT SHOULD BE REQUIRED, THAT WE REQUESTED.
AND, AND I'VE, I'VE GIVE THE, UH, APPLICANT, UH, YOU KNOW, KUDOS FOR KIND OF REACHING OUT AND DOING THE STEPS THAT WE HAD ASKED 'EM TO DO TO GET THE NEIGHBORHOOD IMMEDIATELY IMPACTED, UH, BUY-IN FOR THE PROJECT.
AND FOR THAT, I SUPPORT THIS MOTION.
COMMISSIONER CRUZ? UH, YES, I CONCUR WITH, UH, MS. UNA AND I THINK IT'S GONNA BE A GREAT PROJECT FOR THAT AREA.
IS, UH, ANY OTHER COMMISSIONERS LIKE TO WEIGH IN? SHALL ALL RIGHT, COMMISSIONER SHELL, UM, I, I AM ALSO GOING TO BE IN SUPPORT OF THIS.
I WISH THE APPLICANT HAD REACHED OUT TO THE PEOPLE THAT HAD PREVIOUSLY, UM, OPPOSED THE PROJECT, UH, JUST BECAUSE THAT WAS SOME OF THE SPECIFIC INSTRUCTION WE GAVE THEM LAST TIME.
BUT ULTIMATELY, UH, THIS SETBACK IS GONNA BE ALONG THEIR OWN PROPERTY LINE.
SO I DON'T SEE A REASON TO OPPOSE IT.
THEY DID GET THE SUPPORT OF THE ASSOCIATION AND THEY DID, UM,
[00:30:01]
KNOCK ON A LOT OF DOORS, UM, OTHER THAN THOSE THAT WERE ALREADY OPPOSED.SO ULTIMATELY I AM GOING TO SUPPORT IT.
UH, ARE THERE ANY OTHER COMMISSIONERS? MANNA, THANK COMMISSIONER MANNA.
UM, I WAS, UH, ONE OF THE ONES THAT SPOKEN OPPOSITION TO THIS IN THIS LAST REVIEW.
AND, UM, I AM DISAPPOINTED THAT DIG HILL DIDN'T, YOU KNOW, REACH OUT, I GUESS TO THE PEOPLE, UH, THAT THAT VOICED CONCERN.
AND SO THAT'S SOMETHING THAT NEEDS TO BE RESOLVED WITHIN DIG HILL THEMSELVES.
UM, AND, AND HOPEFULLY THEY, THEY REMEDIED THAT SITUATION.
BUT THAT SAID, UM, YOU KNOW, UH, DIG HILL DID PROVIDE FEEDBACK, WHICH IS ONE OF THE MAIN THINGS THAT I GUESS I HAD, I HAD QUESTIONED.
AND SO BECAUSE THEY HAVE, I WILL BE SUPPORTING THIS MEASURE.
UH, I MYSELF WILL ALSO BE IN SUPPORT OF THIS.
UH, UH, COUPLE REASONS, UH, DUE TO THE TECHNICALITY OF THE ADDRESSES AS PREVIOUSLY MENTIONED.
UH, AND THE FACT THAT, UH, IT'S THE ABUTTING A LOT IS, IS THE SAME OWNER AS PREVIOUSLY MENTIONED.
SO, WITH THAT STAFF, PLEASE TAKE A ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT, MR. MANCHACA.
I CONCUR WITH THE FINDINGS OF FACT, MS. CRUZ.
MR. BETA CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR ORIAN.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
[2. 21-1873 Consideration and approval of the February 1, 2021 Board of Adjustment minutes. ]
LET'S MOVE ON TO THE MINUTES.WAS THERE ANY, CAN YOU HEAR US? YES.
UH, WE JUST NEED A MOTION, SIR.
UM, ANY COMMISSIONER LIKE TO MAKE A MOTION ON THE MINUTE? BRUCE, THE COMMISSIONER CRUZ.
UM, I ACCEPT THE, UH, MINUTES OF, UH, LAST MEETING AND, AND, UH, I HOPE EVERYONE CONCURS.
IS THERE A SECOND? SECOND, SECOND.
UH, LET'S SEE WHO'S GETTING THE SECOND ON THAT ONE? UH, FISHER.
SO WE HAVE A MOTION BY TWO BY, LET'S TAKE A VOTE, PLEASE.
UH, NEXT ITEM ON THE AGENDA IS A DISCUSSION OF OUR CASE BACKLOG, UH, DUE TO THE INCLEMENT WEATHER.
S I THINK WE LOST HIM AGAIN, RON.
WE'RE GONNA HAVE TO RE, UH, DIAL IN.
I'M USING MY SYSTEM HERE, BUT SHORTLY WE'RE GONNA GET YOU BACK ONLINE.
YEAH, IT'S, IT'S OUR SYSTEM ON THIS SIDE ID NUMBER.
BUT, UH, IT'S, YOU GAVE IT AN EXTRA TWO WEEKS OFF.
[00:35:02]
STANDBY.ARE WE BEING, ARE WE BEING RECORDED? YES.
IT'S JUST OUR AUDIO SYSTEM THAT WE USE INTERNALLY.
IT'S BEEN GOING IN AND OUT, SO WE'VE HAD TO REDIAL IN BOTH TIMES.
WELL, WELL, LET'S GET ON ITEM THREE.
[3. 21-1874 Case Discussion - Discussion of case backlog due to inclement weather. ]
GO AHEAD.SO THE CASE DISCUSSION IS BASED ON THE, THE, THE STORM, THE INITIAL MEETING WAS CANCELED BECAUSE OF THE STORM.
THEN THE, THIS MEETING ITSELF, WE ACTUALLY HAD TO, UM, BASICALLY MOVE A LOT OF THE ITEMS BECAUSE WE COULDN'T GET THE NOTIFICATIONS OUT DURING THE STORM.
SO BECAUSE OF IT, WE WERE ONLY ABLE TO, TO HAVE THE ONE MEETING, WHICH WAS CONTINUED TODAY.
SO THE NEXT TWO MEETINGS ARE GOING TO BE JAM PACKED.
UH, WE DO HAVE 10 CASES, UH, FOR MARCH 15TH, AND ALREADY AN ADDITIONAL 10 CASES FOR APRIL 5TH.
UH, THEY ARE GONNA BE LONG MEETINGS.
UM, SO WE JUST WANNA BRING THAT TO EVERYBODY'S ATTENTION.
WE ARE SHORT, UH, FOR ALTERNATES.
SO IT'S GONNA BE A SCENARIO WHERE WE'RE GONNA NEED TO ENSURE THAT WE HAVE COVERAGE THROUGHOUT THE MEETING ITSELF.
OTHERWISE, WE'LL BE PUSHED, WE'LL BE PUSHING ADDITIONAL MEETINGS OR CASES, UH, TO FUTURE MEETINGS, WHICH, YOU KNOW, WE'RE TRYING TO BASICALLY BRING OUT THAT, OR GET RID OF THAT BACKLOG AS FAST AS WE CAN.
UH, WHAT I, WHAT I WOULD LIKE TO, UH, BRING UP, UH, A COUPLE THINGS.
UM, YOU KNOW, ONE THING THAT WE CAN ALL DO, THERE'S TO, TO ENSURE THAT WE, WE GET DONE IN A, IN A TIMELY MANNER IS THAT, UH, WE ALL REALLY, REALLY TAKE A, A GOOD LOOK AT THAT AGENDA WHEN IT'S POSTED.
SO WE'RE READY WITH, WITH QUESTIONS.
UH, SECONDLY, UM, TODAY WITH THE AUDIO PROBLEMS THAT WE'RE HAPPENING, IS THERE, IS THERE SOMETHING THAT, THAT Y'ALL ARE TESTING OR LOOKING INTO? BECAUSE IF, IF THIS SORT OF THING HAPPENS DURING A MEETING WITH 10 CASES, I, IT MAKES ME A LITTLE NERVOUS.
UM, IS, DO YOU, DO Y'ALL KNOW WHAT THE ISSUE IS OVER THERE? WE DON'T, BUT WE'RE GONNA DEFINITELY GET IT LOOKED INTO.
UM, WE DID HAVE SOME PREVIOUS ISSUES, UM, WITH THE PLANNING COMMISSION AFTER THE STORM, BUT THIS IS A NEW ISSUE, SO WE'RE GONNA BRING IT UP TO OUR IT FOLKS, UH, TO FIGURE OUT A REMEDY.
WE WANNA MAKE SURE IT DOESN'T HAPPEN AS WELL.
AND, UM, FOR, UH, THE FACT THAT WE HAVE THREE ALTERNATES, IS THERE, IS THERE ANY COMMISSIONERS THAT THINK THAT THEY'RE GONNA HAVE A, A HARD LEAVE AT ANY OF THOSE TWO MEETING DATES? OR WILL WE NEED TO MAKE SURE THAT WE HAVE, UH, OR TRY TO GET ALL THREE ALTERNATES ON BOARD? IS THERE ANY COMMISSIONERS THAT, UH, CRUZ, UH, COMMISSIONER CRUZ, UH, FOR THE NEXT MEETING? I MIGHT NOT BE ABLE TO JOIN IN BECAUSE MY HUSBAND'S HAVING A PROCEDURE THAT MORNING AND DEPENDING ON HOW HE FEELS, BUT RIGHT NOW, I, I DON'T SEE A PROBLEM BECAUSE IT'S EARLY ENOUGH WHERE I SHOULD BE OKAY.
WELL, IF THERE'S ANY COMMISSIONERS THAT, UH, IS THERE ANYONE ELSE BEFORE I MAKE A STATEMENT? OKAY.
UH, IF THERE'S ANY COMMISSIONERS THAT AS WE GET CLOSER TO EITHER OF THESE TWO HAVE A HARD STOP WHERE THEY HAVE TO LEAVE, PLEASE CALL STAFF, UH, SO THAT THEY CAN TRY TO GET ALL THREE ALTERNATES ON BOARD, ON BOARD
UM, IF, IF, UH, IF, UM, YOU KNOW, I THINK IF WE ALL, IF WE ALL REALLY JUST STAY ON POINT, WE'RE, WE'LL GET THROUGH THIS PRETTY EASILY.
UM, AND STAFF, YOU KNOW, AS YOU TALK TO THE APPLICANTS, CAN YOU, I MEAN, JUST OVER AND OVER, TELL THEM TO, TO, YOU KNOW, STAR SIX ON MUTE, YOU KNOW, THERE'S A DELAY, YOU KNOW, REALLY.
'CAUSE ALL THAT STUFF ADDS UP, YOU KNOW, AND WE'RE, WE NEED TO DO WHAT WE CAN TO GET OUT IN A TIMELY MANNER.
AND WHAT WE'RE GONNA DO IS IF, IF ANY OF THEM HAVE PRESENTATIONS, WE'RE GONNA TRY TO MAKE SURE THEY MIN MINIMIZE IT TO THE POINTS AND NOT MM-HMM.
UM, HOPEFULLY THAT'LL HELP AS WELL.
THE BENEFIT IS THE NEXT MEETING.
WE DO HAVE ONE CASE THAT WAS CONTINUED FROM DECEMBER.
UH, BEYOND THAT, WE'RE GONNA HAVE, IT'S GONNA BE A LONG MEETING.
WELL, IF YOU SEE A LOT OF PEOPLE SIGNED UP OR HAVE AN ENORMOUS AMOUNT OF THINGS THAT HAVE TO BE READ IN, YOU KNOW, JUST LET ME KNOW.
I MIGHT HAVE TO, UH, REDUCE THE TIME LIMIT THERE A LITTLE BIT.
SO WELL LET MANNA WE'LL KEEP, WE'LL KEEP YOU INFORMED WITH ALL OF THAT.
UH, WAS THAT THE COMMISSIONER MANNA? YES.
SO ONE, ONE, YOU KNOW, POSSIBLE, UH, SUGGESTION IS THAT, YOU KNOW, WE JUST FIXED THE TIME THAT PEOPLE ARE ABLE TO RESPOND.
I KNOW THAT, UH, NORMALLY IT'S, I GUESS THREE MINUTES AND REDUCE IT DOWN TO TWO MINUTES JUST BY DEFAULT UNTIL WE GET THROUGH IT.
SO, SO, SO THAT MAY BE ONE THING FOR ANYBODY SPEAKING.
[00:40:01]
UH, REQUEST WOULD BE THAT IF THERE ARE PRESENTATIONS AVAILABLE, UM, YOU KNOW, THAT, THAT WE MAY BE ABLE TO SEE THEM AHEAD OF TIME.IS THAT POSSIBLE? OR IS THAT, IS THAT AGAINST, UH, UM, WELL, YOU KNOW WHAT, UM, WELL, YOU WOULDN'T BE ABLE TO DELIBERATE ON IT, SO GIMME A SECOND RIGHT.
SO, ONE THING TO KEEP IN MIND, THE, UH, WE WERE SUPPOSED TO HAVE THAT MEETING, SO ALL OF THOSE ITEMS ARE STILL ONLINE.
UH, THEY, THEY JUST SIMPLY GOT MOVED FROM THE FEBRUARY 1ST MEETING DATE OR 15TH, UH, TO MARCH 15TH.
I GUESS I WAS SPEAKING SPECIFICALLY TO, UM, PRESENTATIONS THAT'D BE BY THE APPLICANT THEMSELVES.
UM, SO THAT, SO, SO LONG THAT DIALOGUE, WE, WE CAN ALWAYS FORWARD THEM.
WE'LL FORWARD THEM, UH, WE'LL BLIND COPY EVERYBODY WITH THE, THE PRESENTATION.
AND THEN THE SECOND THING, YOU KNOW, SO IN THE LAST DIALOGUE, YOU KNOW, WE DIDN'T HEAR BACK FROM, YOU KNOW, YOU KNOW, PART OF THE REASON THAT THIS ONE CASE WAS DELAYED WAS SIMPLY BECAUSE WE DID NOT HEAR BACK FROM THE NEIGHBORHOOD COMMUNITY.
AND SO ONE QUESTION WOULD BE IS, UM, DOES THE STAFF REACH OUT TO THE NEIGHBORHOOD ASSOCIATIONS IF IT IS IDENTIFIED TO ENSURE THAT THEY DO NOT HAVE A POSITION OR THEY JUST AREN'T PROVIDING IT? UM, YOU KNOW, SO, SO THAT MAY HELP, YOU KNOW, SPEED THINGS ALONG AS WELL.
SO THAT'S, YOU KNOW, THAT, THAT PART'S RESOLVED.
SO WHEN IT COMES TO NEIGHBORHOOD ASSOCIATIONS, WE DO BOTH.
WE SEND OUT A, UH, LETTER OF NOTIFICATION ALONG WITH THOSE WITHIN 200 FEET AS WELL AS AN EMAIL TO ANY NEIGHBOR ASSOCIATIONS THAT THAT'S REGISTERED WITHIN 200 FEET OF THAT PROPERTY.
SO WE DO BOTH, BUT I SEE REGULARLY WE DON'T GET A RESPONSE, YOU KNOW, SO, SO THE QUESTION WOULD BE, IS THERE ANY FOLLOW UP FOR THE RESPONSE? AND, YOU KNOW, SO FOR LIKE, SO I LOOKED AT THIS CASE AND LAST TIME THERE WAS NO RESPONSE AT ALL FROM THE NEIGHBOR ASSOCIATION.
AND, UM, AND SO, SO IS THERE AN ADDITIONAL REACH OUT THAT COULD BE DONE IF IT IS THAT YOU DON'T HEAR SOMETHING JUST TO GET SOME FEEDBACK, YOU KNOW, ONE WAY OR THE OTHER? SO ONE THING WE ARE TELLING OUR, OUR APPLICANTS MORE AND MORE IS TO ALSO GET WITH THE NEIGHBORHOOD ASSOCIATION, WE PROVIDE THEM WITH THE CONTACT INFORMATION.
THAT WAY THEY CAN REACH OUT TO 'EM IN ADVANCE OF THE MEETING.
BUT ALONG WITH OUR LETTER AND EMAIL, THAT'S BASICALLY IT.
UM, IF, IF IT GETS TO A POINT WHERE WE NEED TO START CALLING THEM AS WELL, UH, WE MAY BE ABLE TO DO THAT.
UM, BUT WE, WE ARE PROVIDING DIFFERENT AVENUES TO REACH OUT TO THE ASSOCIATIONS AND RECEIVE COMMENTS.
WELL, WELL, ZEKE, YOU KNOW, MY H O A FOR EXAMPLE, WE HAD TO CANCEL A MEETING LIKE MANY PEOPLE DID DURING THE, THE WINTER STORM THAT WE HAD.
AND, AND A LOT OF THESE HOAS, UH, THEY MAY NOT MEET, UH, AS OFTEN, UH, TO WHERE THEY COULD HAVE, UH, UH, YOU KNOW, SOMETHING OFFICIAL FOR ONE OF OUR MEETINGS.
SO, YOU KNOW, I THINK A PHONE CALL GIVING THEM AMPLE TIME TO TRY TO SET UP SOMETHING WOULD BE HELPFUL BECAUSE IT'S, IT IS, I MEAN, IT, IT, YOU KNOW, ONE OF MY HOAS THAT I'M ON, WE ONLY MEET EVERY TWO MONTHS AND THE OTHER ONE'S EVERY THREE MONTHS.
AND SO, YOU KNOW, MISSING A MEETING CAN BE, CAN BE TOUGH, UH, TO GET ANOTHER ONE ORGANIZED AND YEAH.
AND DISCUSSION AND, AND HAVE SOMETHING ISSUED.
SO IT'S, I'M JUST PUTTING THAT OUT THERE.
MAYBE A PHONE CALL WOULD BE HELPFUL.
I'LL TALK TO THE CASE MANAGERS AND, UM, WE'LL REACH OUT IN THAT REGARD.
A LOT OF THESE ARE VOLUNTARY, SO THEY PROBABLY MEET LESS THAN THAT.
AND DO YOU, DO YOU TALK TO THE APPLICANTS PRIOR TO THE MEETING AND, AND JUST EXPLAIN TO THEM ABOUT, UH, ABOUT BEING GERMANE TO THE TOPIC AND, AND, AND, AND BEING ON POINT? IS THAT SOMETHING THAT Y'ALL DO? OH, DEFINITELY.
UM, SOME, SOME SCENARIOS THE APPLICANTS RUN WITH THEIR PRESENTATION.
THEY, THEY WORKED ON THEIR PRESENTATION FOR A WHILE AND THEY WANNA PRESENT IT ALL.
UM, BUT WE DO TRY TO MAKE SURE THEY STICK TO THE POINTS AND, UM, UH, LIMIT THEIR, THEIR PRESENTATION OVERALL.
UH, ANY OTHER COMMISSIONER, UH, COMMENTS? YEAH, MINKA, COMMISSIONER MINKA, UH, I JUST HAVE AN INQUIRY.
UM, SEE, UH, IS THIS MEETING SCHEDULED, LIKE, UH, CARVED IN STONE? THERE'S NO EXCEPTIONS TO HAVE IT IN TWO MEETINGS IN ONE WEEK.
HI, THIS IS KA LEMME KIND OF SPEAK TO THAT.
UM, SO THE BOARD OF ADJUSTMENT, UH, CALENDAR IS ADOPTED, UH, AND IS REQUIRED TO BE ADOPTED BY CODE, UM, UH, USUALLY TOWARDS THE END OF THE CALENDAR YEAR.
WE TYPICALLY CHOOSE OCTOBER TO DO THAT.
SO WE CAN MAKE SURE THAT, UH, WE HAVE THE DEADLINE, UM, INFORMATION AVAILABLE FOR ALL APPLICANTS LOOKING TO DO, TO SCHEDULE THEIR CASES FOR
[00:45:01]
STARTING IN JANUARY.IF, IF IT'S, IF IT'S NECESSARY TO HAVE ADDITIONAL SPECIAL MEETINGS, THAT IS SOMETHING THAT THE BOARD OF ADJUSTMENTS CAN'T DO, UH, WE WOULD JUST NEED TO MAKE SURE THAT WE DO THOSE, UH, STEPS TO CALL FOR A SPECIAL MEETING AND MAKE SURE THAT WE MEET OUR PUBLICATION AND NOTIFICATION DEADLINE BECAUSE THE STATE AND OUR CODE DOES REQUIRE AT LEAST A MINIMUM OF A STARTING TIME OF 17 DAYS.
BUT IN ORDER TO MAKE SURE THAT WE HAVE APPLICATIONS THAT ARE COMPLETE, WE NEED AT LEAST AN ADDITIONAL TWO WEEKS BEFORE THAT, WHICH IS WHY WE HAVE A 30 DAY DEADLINE DATE.
SO YES, IT IS POSSIBLE, UH, TO HAVE SPECIAL MEETINGS, BUT THE CURRENT, UH, UH, MEETING DEADLINE HAS BEEN APPROVED AND ADOPTED BY THE BOARD OF ADJUSTMENTS.
SO WEATHER'S NOT GONNA CHANGE ANYTHING ON THAT.
WE DON'T, WE DON'T SEE A NEED RIGHT NOW, UH, BECAUSE WE WE'RE ABLE TO GET THROUGH THIS BACKLOG IN THE NEXT TWO MEETINGS, WE BELIEVE.
UM, BUT AGAIN, IF WE CONTINUE TO HAVE A, A, A BIGGER BACKLOG, YES, WE'LL ALWAYS WORK WITH YOU TO MAKE SURE THAT WE HAVE SOME SPECIAL MEETINGS IN THE FUTURE.
UH, IS ANYONE ELSE, UH, UH, DELMER, COMMISSIONER DELMER, UM, ABOUT, UH, THE SAVING TIME AND STUFF WHEN THE READING BACK OF, OF PEOPLE IN THE 200 FOOT AREA THAT ARE AGAINST OR FOR, OR, OR FOR A PROJECT? IS THERE ANY WAY WE NOT HAVE TO READ THOSE ALL COMPLETELY? OR CAN WE JUST TAKE STAFFS, YOU KNOW, SIX OR FIVE, YOU KNOW, FIVE AGAINST SIX FOUR? OR DO WE LEGALLY HAVE TO READ EACH ONE? I, I'LL, I CAN SPEAK ON THIS.
I, I TALKED TO STAFF ABOUT THIS, UH, PREVIOUSLY.
UH, WHAT HAPPENS IS EVERYONE HAS TO HAVE THE SAME TIME TO BE, TO BE READ IN.
AND SO THE ONLY THING THAT COULD HAPPEN IS IF WE HAVE AN ENORMOUS AMOUNT, WE COULD REDUCE THE TIME, SHOW IT ON THE SCREEN AND JUST READ FOR TWO MINUTES OR SOMETHING INSTEAD OF THREE.
UH, IS THERE ANYTHING I MISSED ON THAT STAFF? YES, SIR.
UH, MANNA, UH, COMMISSIONER MANNA, FOLLOW UP ON MR. DELMAR'S QUESTION.
YOU KNOW, SO ON OCCASION WE'VE HAD SOME WHERE THERE WASN'T ANY COMMENT OTHER THAN I, UM, I APPROVE OR I DISAPPROVE.
AND SO ONE QUESTION WOULD BE IS COULD THOSE BE CATEGORIZED AS, AS A GROUP TO SAY THAT THIS IS A GROUP WHERE THEIR ONLY COMMENT WAS I APPROVE OR DISAPPROVE AND LIST THEIR NAMES, SO THAT WAY WE DID PROVIDE THE TIME AND THEN ALSO GET THEIR INPUT? WE CAN DO THAT, SIR.
IT'S JUST LIKE THOSE LETTERS WE JUST RECEIVED WHERE THEY WERE ALL THE SAME LETTER.
I JUST SIMPLY READ OFF THE NAMES.
AND WE, AND WE DON'T KNOW WHAT'S GONNA HAPPEN IN, IN TWO WEEKS FOR ALL WE KNOW.
THERE MAY NOT BE MUCH OF ANY COMMENTARY SUBMITTED, BUT THERE, YOU NEVER KNOW.
I, SO IS THERE ANYONE ELSE? SHELL, UH, COMMISSIONER, SHELL, UM, I JUST WANNA MAKE SURE THAT IF THERE'S ANY COMMENTS THAT GO BEYOND THE APPROVE OR OPPOSE, UM, THAT, THAT DOES GET READ INTO THE RECORD.
JUST 'CAUSE IF CITIZENS TAKE THE TIME TO WRITE IN SOMETHING, I THINK, YOU KNOW, THEY NEED TO BE HEARD.
AND THEN SECONDLY, JUST JUST SO THE BOARD IS AWARE, I AM IN FAVOR OF DOING AN ADDITIONAL MEETING.
IF WE COULD, IF, IF THE NEXT MEETING ENDS UP BEING BURDENSOME WAY ALONG, LIKE RIDICULOUSLY LONG, UM, IF WE NEED TO DIVIDE UP INTO AN ADDITIONAL MEETING, I AM IN FAVOR OF THAT.
I WOULD PREFER MUL AN EXTRA MEETING OVER LONGER SINGLE MEETINGS.
WELL, ONE THING IS, IS, UH, BECAUSE OF THE TIME THAT THEY STAFF HAS TO, AND, AND NOTIFICATION REQUIREMENTS, UM, LET'S SAY THAT WE FIND OURSELVES REALLY, REALLY BURDENED AND OTHER MEETINGS NEEDED, WE MAY HAVE TO SET IT TWO MONTHS FROM NOW JUST TO MAKE SURE THE OTHER PEOPLE IN LINE GET THEIR DAY AND, AND, AND HAVE STAFF HAVE ENOUGH NOTIFICATION REQUIREMENT.
UM, AND SO RIGHT NOW, SINCE WE ONLY HAVE TWO ACK MEETINGS, UH, ON THE, ON THE DOCKET, I THINK WE WOULD HAVE TO HAVE PROBABLY WHAT, FOUR IN A ROW THAT BEFORE Y'ALL MAKE THAT SORT OF A RECOMMENDATION? YEAH, ABOUT THREE AT LEAST.
BUT YEAH, YOU'RE, THAT'S CORRECT.
ABOUT TWO MONTHS JUST TO MAKE SURE WE'RE ON TRACK WITH EVERYTHING.
UH, UH, SOMEBODY HAD SAID SOMETHING MANNA, UH, COMMISSIONER MANNA.
SO, SO FOLLOW UP MICHELLE'S, UH, QUESTION.
SO ONE, YOU KNOW, SHOULD WE CONSIDER SCHEDULING A MEETING TWO MONTHS OUT FOR CATCH UP AND THEN ALLOW FOR US TO CANCEL IT IF WE NEED TO? SO THAT WAY IT'S ALREADY IN THE DOCKET AND, AND WE HAVE THAT AS A FALLBACK, YOU KNOW, UH, IN CASE WE DO START TO STRUGGLE.
AND SO THAT WAY IT'S ALREADY THERE AND IT'S BEEN PUBLISHED AND WE DON'T HAVE TO WORRY ABOUT, YOU KNOW, STARTING THE WHOLE PROCESS.
[00:50:01]
GO AHEAD AND SET IT UP, BUT THEN ALLOW FOR A CANCELLATION.YEAH, AND THAT'S, I, I'M NOT OPPOSED TO THAT.
UM, STAFF, DO YOU, I MEAN, IS THIS, HAS THIS HAPPENED BEFORE IN THE LAST, YOU KNOW, FIVE OR SIX YEARS WHERE YOU'VE HAD TO MAKE AN EXTRA MEETING LIKE THIS? WE ACTUALLY HAVEN'T, BUT THERE WAS A SCENARIO WHERE WE ACTUALLY WERE BACKLOGGED TREMENDOUSLY BECAUSE OF THE HUGE HAILSTORM BACK THEN.
SO WE WERE BACKLOGGED FOR AT LEAST TWO TO THREE MONTHS.
UM, SO THAT BACKLOG WAS TREMENDOUS.
AT THIS POINT, I DON'T FORESEE US NEEDING THAT EXTRA MEETING AS OF RIGHT NOW.
WE TAKE A LOOK AT THIS NEXT MEETING, SEE HOW IT GOES, AND IF, IF WE KNOW THE NEXT COUPLE MEETING ARE GONNA BE THAT LONG, THEN WE COULD, YOU KNOW, LOOK INTO IT.
BUT THAT WOULD TAKE THE APRIL 5TH MEETING TO MAKE THAT DETERMINATION BY THE BOARD.
SO WE'D HAVE TO ADD IT TO, UH, THE AGENDA ON APRIL 5TH TO ADD ANOTHER MEETING.
CAN YOU ADD TO THE NEXT, UH, APPLICABLE AGENDA THAT YOU CAN FOR THE BOARD TO REVIEW AND MAKE A POSSIBLE DECISION ON THAT, JUST SO THAT WE HAVE IT ON THERE FOR MARCH 15TH? SURE.
DO WE NEED A MOTION ON THAT? NO.
AND THEN, UM, THE LAST THING IS, IS WHEN DO YOU THINK WE'RE GONNA HAVE, UH, THE ALT, CAN YOU TALK ABOUT WHEN THE ALTERNATES COULD BE APPOINTED? SO THAT CLOSES IT CLOSED AT THE END OF FEBRUARY.
UH, WE'RE WORKING WITH THE CLERK'S OFFICE TO SEE IF THERE, HOW MANY APPLICATIONS WERE RECEIVED.
UM, THAT'S GONNA TAKE GOING TO GOVERNANCE AS WELL.
I KNOW GOVERNANCE IS KIND OF BACKLOGGED TOO, SO WE'RE HOPING SOONER THAN LATER.
I MEAN, 'CAUSE THAT, THAT WAY IF, IF THERE'S, UH, ANY COMMISSIONERS THAT, THAT JUST THAT I CAN'T MAKE A MEETING, AT LEAST WE'D HAVE SOME OPTIONS.
IS THERE ANYTHING ELSE FROM ANYONE? THANK YOU.
WELL, UH, WITH THAT BEING SAID, I'M GOING TO CALL FROM AN ADJOURNMENT OF THE MEETING, PLEASE.