[Call to Order]
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I'M 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 INTO SESSION.
UH, CAN WE PLEASE HAVE OUR INTERPRETERS, UH, READ THE INTERPRETATION SERVICES PLEASE? THANK YOU.
STAFF, HAVE A ROLL CALL PLEASE.
MS. FISHER? PRESENT MR. THIEL? MR. UNA PRESENT AND CHAIR ORIAN AND I AM ALSO PRESENT.
SO BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION.
THE BOARD IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND THE SAN ANTONIO CITY COUNCIL.
THEY ARE 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 THE DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 35 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN 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 OF THE BOARD'S PROCEEDING.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION FOR, IN ORDER FOR A MOTION TO CARRY.
IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OF 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.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PRIOR TO STARTING WITH OUR ITEMS, I'D LIKE OUR STAFF TO REVIEW OUR MEETING FORMAT.
UH, PLEASE PROCEED TO PROTECT 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 COVID 19 CRISIS AND OR IN PLACE UNTIL FURTHER NOTICE, MEMBERS OF THE PUBLIC CAN WATCH AND LISTEN TO THIS MEETING 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.
PLEASE INCLUDE EMAIL OR MAIL OF COMMENTS, DROPPING OFF COMMENTS, LEAVING VOICEMAIL OR ASKING ME CALLED DURING THE MEETING.
STATEMENTS OR COMMENTS WILL BE LIMITED TO TWO MINUTES FOLLOWING THE PRESENTATION BY THE APPLICANT'S STAFF WILL READ INTO THE RECORD ANY EMAILS OR LETTERS RECEIVED.
STAFF WILL ALSO PLAY ANY MESSAGES RECEIVED BY VOICEMAIL.
LASTLY, FOR THOSE THAT SIGNED UP TO RECEIVE A CALLBACK, WE WILL THEN CALL THEM, UH, CALL 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 LIMIT, UH, ALONG WITH AN OPPORTUNITY TO ADDRESS COMMISSION QUESTIONS.
NEXT SLIDE, UH, BEFORE WE PROCEED, IS, UH, UH, COMMISSIONER CRUZ HERE? LET'S SEE.
CATHERINE, WHAT DO YOU THINK? IS THIS THE, I SEE A PHONE NUMBER THAT'S ACTUALLY THE APPLICANT.
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WE CAN START WITH THE TENSER.UH, SHE'S STILL WORKING WITH HER TO GET HER LOGGED IN, BUT NOTHING AS OF YET, SIR.
UH, SO THERE'S NO, UH, I'M JUST GONNA ASK YOU IF THERE'S NO OBJECTION BY THE REST OF THE COMMISSIONERS, I'D LIKE TO START ON THE FIRST CASE.
UH, HEARING NONE, UH, PLEASE PROCEED.
[2. 21-2445 BOA-21-10300015]
D O A CASE 21 1 0 3 0 0 0 1 5.THIS IS LOCATED 82 35 VICAR DRIVE IN COUNCIL DISTRICT TWO.
THE APPLICANT IS THE ROCK FELLOWSHIP ALL NATIONS WORSHIP ASSEMBLY TO REQUEST FOR ASSIGNED VARIANCE TO ALLOW THE SINGLE TENANT SIGNAGE TO BE 40 FEET TALL.
ZOIA C THREE NA, A H O D LOCATED JUST SOUTH OF LUKE FOUR 10 NORTH OF, UH, AUSTIN HIGHWAY INTO THE EAST OF PERAL.
THE SUBJECT PROPERTY IS LOCATED ON A LOCAL STREET, WHICH ACTUALLY SERVES AS A COMMERCIAL COLLECTOR.
THE SURROUND AREA IS OCCUPIED BY COMMERCIAL OFFICE, INDUSTRIAL AND VACANT PROPERTIES AND ALSO A DRAINAGE DITCH.
THE APPLICANT IS SEEKING TO USE AN EXISTING 40 FOOT TALL PYLON, UH, TO INSTALL A 72 BY, UH, 25 SQUARE FOOT SIGN CABINET AND UTILIZE IT AS A SINGLE TENANT SIGNAGE.
THE SUBJECT SIGN IS APPROXIMATELY 800 FEET FROM THE EXPRESSWAY AND APPROXIMATELY 600 FEET FROM THE SECONDARY ARTERIAL STREET AND HAS EXISTED ON THE PROPERTY SINCE 2003.
THEREFORE, ANY ALTERATIONS STAY UP TO DATE ON EVENTS AND CITY SERVICES BY SIGNING UP TO RECEIVE TEXT MESSAGES.
GET STARTED TODAY BY TEXTING CO SA G.
WE PLACED THE APPLICANT ON ON MUTE.
THE, THE PYLON SIGN, THE PYLON HAS BEEN THERE SINCE 2003.
THEREFORE, ANY ALTERATIONS IN HEIGHT WOULD CAUSE LOSS OF THE NON-CONFORMING USE.
STATUS OF THE PYLON THICKER DRIVE IS CONSIDERED A COMMERCIAL COLLECTOR STREET BECAUSE IT IS USED FOR COMMERCIAL ACCESS TO COMMERCIALLY ZONED PROPERTIES AND USES BECAUSE OF ITS CURRENT COMMERCIAL ZONING AND PROXIMITY TO OTHER COMMERCIALLY ZONED PROPERTIES.
THE CODE ALLOWS THE SIGN TO BE UP TO 24 FEET IN HEIGHT FOR THIS PROPERTY.
THEREFORE, THE APPLICANT NEEDS TO OBTAIN A 16 FOOT VARIANCE TO BE ABLE TO USE THE EXISTING 40 FOOT TALL POLE.
UH, THE DEVELOPMENT SERVICES, UH, DEPARTMENT SIGNED INSPECTOR REVIEWED THE REQUEST AND BASED ON THE LOCATION SETBACK FROM THE ARTERIAL STREET AND THE EXPRESSWAY RECOMMENDED APPROVAL OF THE REQUESTED VARIANCE, HIS RENDERING OF THE, THE PROPOSED SIGN WITH THE EXISTING POLE SURROUNDING AREA.
STAFF RECOMMENDS APPROVAL ON B Y 21, 1 0 3 0 0 0 1 5 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUESTED VARIANCE WILL NOT DETRACT FROM THE CHARACTER OF THE DEVELOP, UH, OF THE DEVELOPING EXISTING COMMERCIAL AREA.
AND DUE THE PROXIMITY TO THE EXPRESSWAY IN ARTERIAL STREET, HAVING A TALLER SIGN IS WARRANTED AND GRANTING THE REQUESTED VARIANCE WILL MAINTAIN THE NON-CONFORMING USE STATUS OF THE EXISTING PYLON.
10 NOTICES WERE SENT OUT, ZERO RECEIVED IN FAVOR OR OPPOSITION, AND THERE'S NO NEIGHBOR ASSOCIATION.
WE DO HAVE THE APPLICANTS ON THE PHONE.
WE LIST KEVIN DHAR HERE, BUT I SHOW THAT WE'VE GOT A KATHY AND MARK SUNG AND THEN IT ACTUALLY KEVIN AND RICHARD, UH, WHO ARE THE OWNERS.
WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
UH, HIT STAR SIX, UNMUTE YOURSELF.
HI, UH, MY NAME IS KATHY AND, UM, I'M WITH THE SIGN COMPANY AND THE ADDRESS IS 2 6 4 3 MOS ROCK, SAN ANTONIO, TEXAS 7 8 2 3 0.
AND WE ARE REQUESTING A SIGN VARIANCE, UH, FOR THE CHURCH TO HAVE, UM, TO ALLOW US TO USE THE EXISTING POLL SIGN KATHY, AS WELL AS THE KATHY.
KATHY, CAN YOU PLEASE STATE YOUR LAST NAME, PLEASE? YES, IT'S, UH, KATHY SONG.
SO, UH, SO WE'RE REQUESTING ASSIGNED VARIANCE FOR THE, UM, FOR THE SIGNAGE TO ALLOW US TO USE THE EXISTING POLE THAT'S
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THERE.AND, UM, WE WANTED TO BE AS VISIBLE AS POSSIBLE FOR THE CLIENT.
UM, WHEN WE WERE THERE DOING THE SURVEY, WE'RE OUT THERE FOR OVER AN, AN HOUR OR SO AND THERE WAS HARDLY ANY TRAFFIC.
AND SO WITH THE SMALL ROADS, UM, WE WANNA HAVE THEM, UM, HAVE THE VISIBILITY FROM THE, UM, HIGHWAY POSSIBLY IN THE BIGGER STREETS, AND IT'S ALSO, UM, ECONOMICAL FOR THE CHURCH AS WELL.
AND SO, UM, SO THAT'S WHY WE'RE ASK ACTUALLY ASKING, UM, FROM THE CITY WHEN WE SPOKE WITH THE CITY REPRESENTATIVE, UM, IF THE SIGN VARIANCE IS NOT ALLOWED, UM, THE SIGN IS ACTUALLY GOING TO BE, UH, SHORTER THAN THE BUILDING, WHICH, UM, YOU KNOW, WOULDN'T GIVE THEM ANY KIND OF VISIBILITY AT ALL.
UH, IS THERE ANY, UH, THERE WAS MULTIPLE NAMES, UH, BROUGHT UP OF ON BEHALF OF THE APPLICANT.
WAS THERE SOMEONE ELSE THAT NEEDED TO MAKE, UH, UH, OR, UH, INCLUDED IN YOUR PRESENTATION? OKAY, SURE.
I'M AT 26 43 MOFA, SAN ANTONIO, TEXAS 7 8 2 3 0.
UM, AND ONE OF THE THINGS THAT I ALSO WANTED TO ADD WAS, UM, I WAS OUT THERE AGAIN AND, UH, DID THE SURVEY AROUND THE CHURCH.
IT'S ALL, UM, NOTHING BUT INDUSTRIAL BUILDINGS.
THERE'S NO RESIDENTIAL AT ALL, SO, UM, AND AGAIN, UM, THAT IT STATED EARLIER, THERE'S NOT A NEIGHBORHOOD ASSOCIATION AND I THINK, UM, THE CHURCH WOULD BENEFIT FROM HAVING THE DISABILITY FROM THE HIGHWAY.
IS THERE ANY LAST MINUTE, UH, UM, PUBLIC COMMENTARY? NO, SIR.
NOBODY SIGNED UP TO SPEAK OR ANY, ANY, UH, VOICE MESSAGES OR ANYTHING? RIGHT.
SO I'M GONNA OPEN THIS UP FOR COMMISSIONER QUESTIONS.
UH, WHO WOULD LIKE TO, UH, GO FIRST? YEAH, OZUNA, MY QUESTION IS JUST KIND OF ON THE SURFACE AREA OF THE SIGN, WHAT WOULD BE ALLOWED BY CODE? AND IF MY MAP IS CORRECT, THEY'RE PROBABLY ABOUT 57 SQUARE FEET OF SURFACE AREA WITH A NEW ROUND, SO IT LOOKS LIKE THEY'D BE ALSO, YOU KNOW, BILLING SOMETHING OR PUTTING A FACE OF THE SURFACE AREA, WHICH WOULD BE LESS THAN WHAT TOTAL ALLOWED, IF I'M CORRECT IN MY CALCULATION HERE.
UM, ON ONE SECOND, ACTUALLY, LEMME GO BACK TO OLDER VERSION.
UM, THE, I, I THINK THE, UM, THE LARGER SIGN ACTUALLY, UM, I WOULD HAVE TO GO BACK TO THE, UM, I GUESS THE EXACT MEASUREMENTS THAT THE CITY GAVE US.
BUT, UM, WITH THIS SIGN AS IT GOES TALLER, WE WOULD ACTUALLY NEED TO MAKE IT BIGGER BECAUSE OF THE VISIBILITY AS WELL.
SO WOULD YOU'RE SAYING IT'S GONNA BE BIGGER THAN THE EIGHT FEET, SIX INCHES AND NO, IT'S ACTUALLY, NO, IT'S ACTUALLY, UH, IT'S EIGHT FEET, SIX INCHES.
UH, KATHY, IF I COULD CHIME IN, UM, I DON'T THINK WE'RE REQUESTING A BIGGER SURFACE AREA.
WHAT WE'RE REQUESTING IS JUST THE HEIGHT.
UM, AT ONE POINT, UM, IT WAS ALLOWED BECAUSE THE, THE EXISTING POLE HEIGHT, UM, DID HAVE A SIGN THAT WAS MUCH TALLER AND ALL WE'RE WANTING TO DO IS USE THE CURRENT EXISTING POLE THERE AND INSTALL A SIGN THAT WAS SIMILAR TO WHAT HAD BEEN APPROVED FROM THE CITY PREVIOUSLY.
UM, INCIDENTALLY, THERE WAS SOME, UH, CHANGES IN CODE, WHICH DID NOT ALLOW THE CHURCH TO INSTALL A POLE SIGN, UH, NORTH OF, I BELIEVE, 18 FEET FROM GRADE.
AND AGAIN, AT 18 FEET, THE BUILDING, I BELIEVE IS SLIGHTLY TALLER, SO YOU WOULD HAVE NO VISIBILITY AND THE SIGN WOULD LITERALLY BE SHORTER THAN THE EXISTING BUILDING.
UH, ANY OTHER COMMISSIONERS? MACHACA? UH, COMMISSIONER MAKA? I HAVE A QUESTION HERE FOR STAFF.
I'M A LITTLE BIT, UH, CONFUSED ON THE USE OF SOME OF THE TERMS THEY USE HERE ON THE NON-CONFORMING USE STATUS OF THE PYLON.
UH, EXISTING, UH, EXISTING
THE CHURCH IS A NON-COMMERCIAL PROPERTY.
IS IT ENTITLED TO CONFORM TO THE COMMERCIAL PROPERTIES NEXT TO IT FOR THE SAME SIGN, OR IS THERE A COURT, UH, UH, ORDINANCE OR A
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CODE ISSUE HERE THAT'S NOT COMPLETE OR NOT CLEAR? NO, SIR.SO YOU HAVE TO REMEMBER WITH A COMMERCIAL STRUCTURE, IT, UH, A CHURCH IS A COMMERCIAL STRUCTURE IN GENERAL, SO IT FOLLOWS THE COMMERCIAL CODE TO INCLUDE, TO INCLUDE SIGNAGE.
UH, WHAT CHURCHES ARE EXEMPT FROM IS ZONING, SO THEY CAN GO PRETTY MUCH ANYWHERE IN THE CITY.
UM, THAT'S BASICALLY IT, BUT THEY WOULD BE SUBJECT TO ALL OF THE SIGN REQUIREMENTS, BUILDING REQUIREMENTS, THE SAME THING.
THANK YOU SO MUCH FOR THE CLARIFICATION.
UH, ANY OTHER COMMISSIONERS, SIR, FOR THE RECORD? MS. CRUZ DID JOIN AT ONE 10.
UM, HEARING NOTHING ELSE, UH, I THINK THAT, UH, IF THE, UNLESS THE APPLICANT WOULD LIKE TO MAKE A FINAL CLOSING STATEMENT, UH, WE CAN, WE CAN, UH, MOVE ON TO TAKE A VOTE HERE AS THE APPLICANT.
IS THERE ANYTHING YOU'D LIKE TO ADD? YES, WELL, FIRST OF ALL, GOOD AFTERNOON EVERYONE TO THE BOARD AND ALL THAT LOCAL WHO PARTICIPATING.
I'M THE PROUD PASTOR OF ALL NATIONS, UH, CHURCH HERE IN SAN ANTONIO, TEXAS, WHERE WE'VE BEEN SERVING, UH, OUR COMMUNITY FOR THE LAST 10 YEARS.
AND SO, UH, AGAIN, IT'S A PRIVILEGE.
UH, WE PURCHASED THIS FACILITY, WHICH WAS A MYRIAD OF OTHER, OF OTHER CONSTRUCTS BEFOREHAND,
AND SO WE'RE EXCITED TO BE SERVING IN THIS PARTICULAR AREA.
WHERE WE'RE LOCATED IS SOMEWHAT OFF THE BEATEN PATH.
UH, IF YOU'RE FAMILIAR WITH VICAR AREA, UH, INTERESTING ENOUGH, WHEN I WAS EIGHT YEARS OLD, MY DAD TAUGHT ME HOW TO SHOOT POOL IN WHAT USED TO BE THE POOL HALL HERE, THE GALAXY BILLER YEARS AGO, BACK IN THE EIGHTIES,
AND SO IT'S INTERESTING TO COME BACK TO THIS PLACE AND TO OWN IT AND TO, UH, AND TO SEE WHAT, YOU KNOW, WHAT WE'RE ABLE TO DO AND HOW WE CAN SERVE THE COMMUNITY.
AGAIN, IT'S OFF THE BEATEN PATH.
AND SO, UH, WHEN WE PURCHASED, YOU KNOW, WE ARE FAMILIAR WITH BEING AN ON LOCATE OR A, UH, HOW DO YOU CALL IT? A, UH, A CHURCH YOU HAD TO LOOK FOR.
WE WERE OFF, WE'VE ALWAYS BEEN ONE OF THOSE LOCATION MINISTRIES WHERE YOU HAD TO FIND THIS.
AND SO WITH THIS CONSTRUCT, UH, EVEN THOUGH IT HOUSES WHAT WE'RE BUILDING NOW, UH, WE ARE EXCITED ABOUT THE OPPORTUNITY TO TO, TO SOMEWHAT BE A OF, OF A STANDALONE.
AND SO I HEARD THE GENTLEMAN MAKE MENTION EARLIER THAT WE ARE ONE OF THE FEW, UM, COMMERCIAL PROPERTIES IN THIS AREA.
I THINK THERE'S ONLY THREE ON THE STREET, MAYBE FOUR.
AND SO WITH THAT BEING SAID, WE'RE KIND OF OFF THE BEATEN PATH.
YOU CANNOT SEE US UNLESS YOU'RE LOOKING FOR US ON PURPOSE.
AND SO WHEN WE SAW THE SIGNAGE, WE WERE REALLY EXCITED ABOUT THE OPPORTUNITY TO POSSIBLY MAYBE IF BY CHANCE, ALLOW PEOPLE FROM THE HIGHWAY TO AT LEAST SEE THE SIGNS OF THE NOWHERE IN THE AREA, RIGHT? UH, AND SO THAT'S ONE OF THE REASONS WHY WE'RE HOPING THAT, THAT IT'S ABLE TO BE A PART OF, UH, WHAT HAS ALWAYS BEEN IN THIS AREA.
UM, I DO SENSE THAT THIS AREA HAS BEEN SOMEWHAT FORGOTTEN, UH, WITH THE CITY OF SAN ANTONIO.
I DON'T THINK THERE'S ANY PLANS, ANY DEVELOPERS COMING THIS WAY.
AND SO, UM, BECAUSE OF THAT, THERE'S BEEN A LOT OF CRIME AND A LOT OF, UM, CHALLENGES IN THIS AREA WE'RE SERVING.
AND SO WITH THE SIGNAGE, IT'S ABLE TO LET THE, THE COMMUNITY KNOW THAT THERE IS A CHURCH NEARBY, THERE'S A SOURCE OF HOPE AND A PLACE OF REFUGE FOR THOSE WHO NEED IT.
AND SO JUST WANTED YOU GUYS TO TAKE THAT INTO CONSIDERATION.
AGAIN, I, I REALLY APPRECIATE IT.
THIS HAS BEEN A LABOR OF LOVE, BUT IT HAS BEEN LABOR NONETHELESS TO GET THIS CONSTRUCT FINISHED,
SO I'M GRATEFUL YOU FOR YOUR CONSIDERATION SPEAKING.
BEFORE, BEFORE, BEFORE YOU GO, CAN YOU, UH, UH, PROVIDE A, AN ADDRESS? WE HAVE TO HAVE IT FOR THE RECORD, YES.
THAT'S VIC HAR ROAD, V I C A R ROAD, SAN ANTONIO, TEXAS.
SO WITH THAT, IF, UH, THANK YOU, COMMISSIONER WOULD LIKE TO, ANY COMMISSIONER WOULD LIKE TO MAKE A MOTION ON THIS CASE.
MANA COMMISSIONER MANNA REGARDING CASE NUMBER B O A 2 1 0 1 0 3 0 0 0 1 5.
I MOVED AT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A SIGNED VARIANCE, ALLOWING THE SINGLE TENANT SIGNAGE TO BE 40 FOOT TALL, SITUATED AT 2 3 5 VICAR DRIVE, APPLICANT BEING THE ROCK FELLOWSHIP ALL NATIONS WORSHIP EMBL BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACT 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 NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE.
CONSIDERING THE UNIQUE FEATURES OF A SITE SUCH AS ITS DIMENSIONS, LANDSCAPE, AND TOPOGRAPHY, OR TWO, UH, A DENIAL OF THE VARIANCE WOULD PROBABLY CAUSE A CESSATION OF LEGITIMATE, LONGSTANDING ACTIVE, ACTIVE COMMERCIAL USE OF THE PROPERTY.
THE REQUESTED VARIANCE FOR ADDITIONAL 16 FEET WILL CONFORM TO THE EXISTING COMMERCIAL FEATURE OF THE SURROUNDING AREA.
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THE NONCONFORMING STATUS OF THE EXISTING POLL.THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH IN PARAGRAPH SUBPARAGRAPH ONE AND TWO, THE BOARD FINDS THAT A GRANTING AND VARIANCE DOES NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHERS, SIMILAR, SITUATED, OR POTENTIALLY SIMILAR, SIMILARLY SITUATED, UH, ADDING A CABINET TO AN EXISTING FOUR FOOT POLE TO USE IT AS A SINGLE TENANT.
SIGNAGE WILL NOT DISTRACT THE CHARACTER OF SURROUNDING COMMERCIAL PROPERTIES.
THE PROPOSED SIGN WILL NOT BLOCK ANY EXISTING BUSINESSES, UH, SIMILAR HEIGHT SIGNS WITHIN THE AREA.
B GRANTING THE VARIANCE WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES LOCATED ALONG WITH A COMMERCIAL COLLECTOR ROAD AND THE COMMERCIAL CHARACTER OF THE SURROUNDING AREA.
A TALLER SINGLE TENANT SIGNAGE WILL NOT DISTRACT THE HARMONY OF THE SURROUNDING PROPERTIES, WHICH CONSISTS OF COMMERCIAL, INDUSTRIAL, AND BUSINESS AND OFFICE BUILDING.
C GRANTING AND VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSES OF THIS ARTICLE.
THE REQUESTED FINE HEIGHT VARIANCE WILL NOT CONFLICT WITH THE STATED PURPOSES OF THIS CHAPTER.
AND A MOTION, I HAVE A SECOND.
WE HAVE A MOTION BY COMMISSIONER MANANA, A SECOND BY COMMISSIONER UNA.
UM, COMMISSIONER MANER, PLEASE START THE DISCUSSION.
WELL, I THINK IT'S VERY APPROPRIATE, YOU KNOW, TO LEVERAGE THE, THE EXISTING SIGNAGE OR THE EXISTING SIGN POLL, AND I REALLY DON'T SEE A NEED TO, YOU KNOW, TO DO ANYTHING WITH THE EXISTING POLL.
SO THEREFORE I'LL BE VOTING IN FAVOR, UH, OF THEM BE ABLE TO LEVERAGE THIS, UH, THE CURRENT SYSTEM.
OKAY, COMMISSIONER ZUNA? YEAH, I'LL BE, UH, SUPPORTING THE VARIANCE AS WELL.
I MEAN, WE SAW NO OPPOSITION FROM ANY OF THE SURROUNDING NIG, UH, NEIGHBORING PROPERTIES.
UH, WE HAVE, UH, SUPPORT FROM THE CITY STAFF.
UM, I, I BELIEVE THAT THE, THE, THE, THE SIGNAGE FACE AREA W WILL BE LOWER THAN WHAT THEY WOULD'VE BEEN ALLOWED BY, ALLOWED BY CODE, UH, GIVEN THE, YOU KNOW, WHAT THEY'RE PROPOSING AND IT, IT SERVES, UH, YOU KNOW, A, A TRUE FUNCTION TO ALLOW THEM TO CONTINUE, UH, THE CHURCH'S MISSION AND, AND AD ADVERTISING TO, UM, YOU KNOW, TO THEIR LOCATION.
SO ALL THOSE REASONS I'D BE SUPPORTING THE VARIANCE.
UH, ANY OTHER COMMISSIONERS LIKE TO ADD? ALL RIGHT, STAFF, PLEASE TAKE A ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MS. CRUZ, IT SEEMS WE'RE HAVING AUDIO PROBLEMS WITH MS. CRUZ.
UH, LET'S MOVE ON TO THE NEXT, WE'LL GO BACK TO HER BEFORE.
MR. MANO, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT, MR. DOMER.
I CONCUR WITH THE FINDINGS OF FACT, MR. VINNO.
I CONCUR WITH THE FINDINGS OF FACT, MS. FISHER.
YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
MS. CRUZ, LET'S TRY THIS ONE MORE TIME.
LET'S DO A THUMBS UP FOR APPROVAL.
OKAY, UH, SIGNAL FOR APPROVAL.
[3. 21-2446 BOA-21-10300016]
NEXT CASE IT IS AT 10.THE UH, 10,000 BLOCK OF GLOVER ROAD, D O A 21 1 0 3 3 0 0 0 1 6.
THE APPLICANT IS LEWIS MARTIN.
IT'S REQUEST FOR 143 FOOT VARIANCE FROM THE MINIMUM 200 FOOT TOWER SETBACK REQUIREMENT TO ALLOW THE THE ANTENNA SUPPORT STRUCTURE TO BE 57 FEET AWAY FROM THE RESIDENTIAL ZONED PROPERTY.
CURRENT ZONING IS C THREE, UH, TO WESTVIEW ROAD.
FLEW A FEW BLOCKS AWAY FROM FOUR AND THE BUD IN
PROPERTY ON THE EAST RESIDE ESSENTIALLY ZONE PROPERTY THAT IT'S A BUDDING IS AN EXISTING CHURCH.
THE NEIGHBORHOOD IS SURROUNDED BY COMMERCIAL AND RESIDENTIAL ZONE PROPERTIES.
THE SUBJECT PARCEL HAS ANY IRREGULAR, UH, GEOMETRY MEASURING APPROXIMATELY 160 FEET ON THE SOUTHERN SIDE, 57 ON THE NORTHERN SIDE, AND 51 ON THE NARROWEST AREA.
UH, TOWARDS THE CENTER THE PROPERTY IS ABIDING.
A RESIDE RESIDENTIAL ZONE LOT AS I MENTIONED, WHICH IS A CHURCH, UH, TREES AND PARKING LOT ACT AS A BUFFER BETWEEN THE ANTENNA SUPPORTING STRUCTURE AND THE CHURCH BUILDING COULD REQUIRES THAT THE BASE OF THE ANTENNA SUPPORT STRUCTURE BE LOCATED AT LEAST 200 FEET TO THE NEAREST RESIDENTIAL ZONE PROPERTY.
[00:25:01]
THE APPLICANT STATES A CONCERN OF THE PROPERTY ODD SHAPE AND NARROW WIDTH IN NOT BEING ABLE TO COMPLY WITH THE CODE REQUIREMENT.THE APPLICANT IS REQUESTING A VARIANCE TO SPACE THE CELL TOWER, 143 FEET CLOSER TO THE RESIDENTIAL ZONED NEIGHBOR.
HERE'S A COPY OF THE SITE PLAN.
THIS WILL BE A CO-LOCATION, WHICH MEANS MORE THAN ONE ANTENNA ARRAY.
HERE'S THE SUBJECT PROPERTY NEIGHBORING CHURCH SURROUNDING AREA.
STAFF RECOMMENDS APPROVAL OF THE VARIANCE IN B O A 21 103 0 0 0 1 6 BASED ON FOLLOWING FINDINGS OF FACT GRANTING IN THE CELL TOWER SPACING.
VARIANCE WILL EXPAND PUBLIC ACCESSIBILITY TO THE WIRELESS SERVICES AND WILL NOT DETRACT FROM THE COMMERCIAL CHARACTER OF THE SURROUNDING AREA.
AND THE REQUESTED VARIANCE IS SOLELY BASED ON THE SIZE OF THE LOT.
THERE ARE SEVEN NOTICES SENT OUT.
ZERO IN FAVOR, ZERO IN OPPOSITION.
THE MOUNTAIN VIEW ACRES NEIGHBORS COALITION WAS, WAS WITHIN 200 FEET AND THERE WAS NO RESPONSE.
WE DO HAVE THE APPLICANT ON LINE.
LEWIS, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
WE DO HAVE YOUR POWERPOINT READY.
JUST LET US KNOW WHAT SLIDES YOU'D LIKE IT ON.
IF YOU'RE WATCHING IT ONLINE, THERE IS A DELAY.
THANK YOU EVERYONE FOR ALLOWING ME TO SPEAK THIS AFTERNOON.
MY NAME IS LOUIS MARTIN, UH, 1006 BECKETT, SAN ANTONIO, TEXAS.
UH, IF YOU COULD START WITH PAGE TWO, UH, I'LL GO THROUGH THIS SLIDE BRIEFLY AND THEN I'LL BE GLAD TO ANSWER ANY QUESTIONS.
UH, THIS IS AN AERIAL BETA AERIAL PHOTO VIEW OF KINDA SHOWING EVERYTHING WITHIN A THOUSAND FEET, UH, THAT SHOWS THE PROPOSED TOWER SITE.
UM, THE AREA OUTLINED IN PURPLE SHOWS THE COMMERCIAL PROPERTY.
UH, YOU'RE SEEING THE PURPOSE OF OUR REQUEST THIS AFTERNOON.
UH, THE REASON VERIZON WIRELESS IS REQUESTING THIS VARIANCE IS THAT PROPERTY'S REALLY NARROW.
UM, IT'S NOT EVEN 200 FEET ACROSS.
SO IT'S A, THE WHOLE AREA IS PRETTY MUCH ENTIRELY COMMERCIAL, WITH THE EXCEPTION OF THE ADJACENT PERSON TO THE EAST.
AND THAT IS ACTUALLY THE USES OF CHURCH.
AND SO THERE'S NO RESIDENTIAL USE GOING ON THERE TODAY.
UH, IF YOU GO TO PAGE FOUR, YOU CAN SEE THAT THE PROPERTY TO THE WEST IS A CAR WASH.
AND, UH, YOU SEE THE KINDA LIMITED USE OF WHAT WE HAVE TO WORK WITH ON THIS PARCEL.
UH, PAGE FIVE, YOU SEE THE REASON FOR THE, UH, LOCATION OF THE EQUIPMENT WHERE WE'RE LOOKING TO PUT IT.
WE'VE NESTLED IT BEHIND THE EXISTING BUILDING.
I DID AN OVERLAY BETWEEN OF THE EQUIPMENT SITE PLAN, AND THAT'S AN EXISTING BUILDING.
IF YOU'RE SEEING THAT ROOF THERE, I DID THAT WHITE RECTANGLE.
THERE'S A RED CIRCLE AND YOU SEE THE BLACK RECTANGLE THAT'S THE EQUIPMENT AREA.
AND THE OWNER IS PROPOSING TO BUILD THIS OUT IN THE FUTURE.
SO IT WILL BE HIDDEN ALL THAT EQUIPMENT HIDDEN BEHIND THAT EXISTING BUILDING.
YOU CAN SEE WHERE HE'S GONNA BE DEVELOPING THAT IN THE FUTURE.
UH, I'LL GO OUT ANSWERING ANY QUESTIONS WHEN I'M FINISHED WITH THE PRESENTATION.
SO YOU CAN SEE THE WIDTH ACROSS THE FRONT OF THE PROPERTY IS ONLY 143 FEET WIDE, BUT WE CAN'T PUT ANYTHING IN THE FRONT OF THE PROPERTY 'CAUSE IT'D BE OBVIOUSLY VERY VISUALLY DISTRACTING AND IT WOULD PREVENT ANY FUTURE DEVELOPMENT.
UM, THE NARROWEST FORM OF THE PROPERTY IS ONLY 51 FEET WIDE AND 57 FEET IN THE BACK, AND IT'S NOT EVEN WIDE ENOUGH TO PUT HIS TOWER AT THOSE LOCATIONS.
IF YOU GO TO PAGE SEVEN, UM, THERE'S TWO SHADED AREAS.
THE RED ONE, I WANTED THE BOARD TO SEE THAT IT'S PHYSICALLY NOT ENOUGH SPACE THERE TO EVEN PLACE A CELL TOWER.
AND THE AREA IN PURPLE IS FUTURE DEVELOPMENT.
AND SO WE CHOSE THE WESTERN PORTION OF THE PARCEL TO LOCATE IT BECAUSE IT'D BE SOME, THE BASE OF THE TOWER, WHICH WOULD BE WHERE THEY WOULDN'T BE LOCATED, WOULD BE SOMEWHAT, WOULD BE BLOCKED BY THAT EXISTING BUILDING.
WE FELT THAT'D BE BEST SERVED, EVEN THOUGH IT IS ALREADY A COMMERCIAL AREA, UH, WE FELT THAT'D BE A BETTER LOCATION.
AND THEN, UH, PAGE EIGHT IS JUST THAT BASIC ZONING MAP.
YOU CAN PAGE NINE, UM, YOU KNOW, WHERE ARE WE PROPOSING, WE'RE TRYING TO ADDRESS THAT SUFFICIENT WIRELESS SERVICE AND THE LACK OF SIGNAL ALONG CLEAVER ROAD AND
[00:30:01]
ROGERS ROAD TO THE EAST BY PLACING THIS AREA.UM, WE'VE BEEN WORKING THIS AREA FOR ABOUT, AND I'M PUTTING MONTHS IN THERE.
IT'S, I DID THE RESEARCH ON THIS.
I'VE BEEN PERSONALLY WORKING THIS FOR 24 MONTHS, BUT VERIZON AS A WHOLE BEEN, HAS BEEN TRYING TO ADDRESS THIS FOR 36 MONTHS, GOING BACK AND FORTH, LOOKING AT DIFFERENT LOCATIONS.
UM, THERE'S A, THERE'S A COUPLE OF DIFFERENT, UH, WE LOOKED AT THE BANKS.
UM, THERE'S A WELLS FARGO, THERE'S A BANK OF AMERICA.
THERE'S JUST NO ROOM ON, THERE'S LIKE FOUR OR FIVE PARCELS TO THE WEST, UH, CAVENDER'S BOOTH CITY.
WE COULDN'T DO ANYTHING ON ANY OF THOSE COMMERCIAL PROPERTIES.
THE CAR WASH, IT'S COMPLETELY MAXED OUT THE KOREAN CHURCH.
UM, WE'VE APPROACHED THEM THREE DIFFERENT TIMES ON THAT PARCEL RIGHT THERE TO THE EAST.
UH, THEY DON'T HAVE ANY INTEREST BECAUSE THEY VALUE ALL OF THEIR PARKING SPACES.
UM, BUT EVEN IF WE WERE TO DO SOMETHING ON THE BACK PART OF THEIR CHURCH, WE WOULD BE IN THIS, WE WOULD STILL HAVE TO COME BEFORE YOU TODAY BECAUSE THAT PARCEL TO THE BACK IS STILL RESIDENTIALLY ZONED.
SO, UM, BUT EITHER WAY, THEY SAID THEY HAD NO ZERO INTEREST WHATSOEVER, UM, ALLOWING US TO GO ON THEIR PROPERTY.
AND THEN WE'RE AT THE SAME SITUATION WITH ALL THE PROPERTIES TO THE EAST, ANYWHERE WE WOULD GO ALONG THE BACK, YOU'RE GONNA BE GOING UP AGAINST THAT R SIX PROPERTY.
UM, IF YOU DON'T MIND SCROLLING BACK TO ON MY ZONING PRESENTATION, UM, PAGE APOLOGIZE, PAGE EIGHT FOR ONE SECOND.
YOU'LL SEE THAT R SIX PROPERTY I'M REFERRING TO, IF YOU LOOK UP ON THE TOP RIGHT HAND CORNER, THERE'S THAT R FIVE PROPERTY.
SO ALL OF THOSE C TWO PROPERTIES, UH, WE, WE COULD NOT FIND ANYONE THAT'D BE WILLING TO LET US USE THEIR COMMERCIAL PROPERTY IN THE BACK BECAUSE THEY VALUE THAT SPACE SO MUCH THAT EVEN IF WE DID, WE COULDN'T MEET THAT SETBACK REQUIREMENTS FOR 200 FEET.
WE'D STILL HAVE TO COME BEFORE THE, THE BOARD OF ADJUSTMENTS FOR, FOR VARIANCE AS WELL.
SO THAT SECOND BULLET POINT ON PAGE NINE, UM, YOU KNOW THAT 24 TO 36 MONTHS WE'VE BEEN TRYING TO FIND SOMETHING IN THE AREA AND WE FINALLY FOUND IT AT THIS LOCATION.
UM, THE FOUR THINGS WE WERE LOOKING FOR WAS TRYING TO FIND A LANDLORD THAT WAS WILLINGLY SPACED.
THIS ONE IS, UM, THIS ONE'S HAS ROOM TO PLACE ANTENNAS AND EQUIPMENT, UH, SOMETHING THAT WAS ZONED FOR WIRELESS ANTENNAS AND IT MET VERIZON WIRELESS ENGINEERING PARAMETERS.
THAT'S THE ONLY, THIS IS THE ONLY PARCEL WE COULD FIND THAT COULD MEET ALL FOUR LOCATIONS WAS VULNERABLE.
AND THAT'S WHY WE'RE HERE BEFORE YOU TODAY.
THAT CONCLUDES THE PRESENTATION.
UH, STAFF, IS THERE ANY, UH, COMMENTARY TO READ INTO THE RECORD? NO, SIR.
AND, UH, BEFORE I OPEN THOSE UP TO QUESTIONS, UH, I WOULD JUST LIKE STAFF, CAN YOU PLEASE CLARIFY WHETHER OR NOT THE DRAINAGE DITCH IN THE REAR IS, IS OF, UH, IS PART OF THE RESIDENTIAL 200 FOOT, UH, REQUIREMENT OR IS THERE AN EXEMPTION BECAUSE IT'S DRAINAGE? NO, SIR.
HE WAS MORE THAN, UH, THAN FAR ENOUGH AWAY FROM THAT AREA.
UH, IN GENERAL, WE WERE JUST ASKING FOR THAT, THAT, UH, DISTANCE REQUIREMENT FROM THE CHURCH PROPERTY.
THAT WAS THE CLOSEST NO, I WAS WONDERING IF IS THE DRAINAGE WOULD, WOULD IT BE EXEMPT? UH, NO, SIR.
THE WAY THE CODE READS, IT'S JUST RESIDENTIALLY ZONED PROPERTY.
YEAH, I JUST, I WAS JUST, UH, WANTED TO JUST PUT THAT OUT THERE.
IS THERE ANY COMMISSIONER QUESTIONS? OKAY, YANKA, UH, COMMISSIONER MANCHACA? YES, SIR.
UH, IT, THIS IS A QUESTION FOR STAFF.
UH, DOES THE HEIGHT OF THE TOWER PLAY A ROLE IN THIS, WHICH IS NOT MENTIONED AT ALL? I'M ALWAYS CONCERNED ABOUT TOWERS AND THE, THE RADIATION THAT'S ASSUMED IT'S NOT HURTING ANYTHING.
BUT IS THE HEIGHT AT THE TOWER PLAY A ROLE IN THIS REQUEST? UH, NO, SIR, BECAUSE ULTIMATELY THE WAY THE CODE IS SET UP, IT'S VERY SPECIFIC TO THE BASE OF THE TOWER THAT THE MEASURE, THE 200 FOOT MEASUREMENT IS FROM THAT.
SO YOU COULD HAVE 110, UH, FOOT TOWER, BUT YOU'D STILL BE SUBJECT TO 200 FOOT REQUIREMENT.
UH, COMMISSIONER MANON, DID YOU YES.
UM, SO THE QUESTION FOR THE QUESTION FOR THE APPLICANT, AND SO, UM, SO THERE IS THE CHURCH ON THE, UH, EAST SIDE.
SO WAS IT, I SO YOU HAD DIALOGUE WITH THEM WITH REGARDS TO TRYING TO PUT THE ANTENNA ON THEIR PROPERTY.
THE QUESTION I HAVE FOR YOU IS, UM, DID THEY HAVE ANY OBJECTIONS FOR THE, FOR THE ANTENNA BEING ON THE PROPERTY THAT YOU ARE SUGGESTING THAT'S FOR THE APPLICANT? I, I'M SORRY.
I I MISUNDERSTOOD THAT, THAT QUESTION.
DID YOU HAVE AN OPPORTUNITY TO TALK TO THE, UH, TO THE, UH, THE CHURCH ON THE,
[00:35:01]
ON YOUR EAST SIDE AND TALK TO 'EM, LET 'EM KNOW THAT YOU'RE PUTTING IT THERE UP? AND DID THEY VOICE ANY OBJECTIONS TO YOU ABOUT IT OR CONCERNS? YEAH, YEAH, I SPECIFICALLY TOLD THEM, I SAID, WE'RE GONNA HAVE TO GO SOMEWHERE.UH, IN THIS, WE, WE'D RATHER, I, MY FIRST INSTINCT, AND I'VE BEEN DOING THIS FOR 26 YEARS, IS I ALWAYS SEEK OUT CHURCHES.
I TRY TO GIVE THEM THE OPPORTUNITY FOR THAT ADDITIONAL REVENUE VERSUS AN INDIVIDUAL PROPERTY OWNER BECAUSE IT KIND OF BENEFITS THE COMMUNITY.
AND I TELL THEM, LISTEN, IF I'M GONNA GIVE THE MONEY, I'D LIKE TO TRY TO GIVE IT TO YOU GUYS OR A BOY SCOUT OR GIRL SCOUTS COMMUNITY, SOMETHING LIKE THAT.
AND IF I DON'T GIVE IT TO YOU, I'M GONNA BE GIVING IT TO ANOTHER PROPERTY OWNER.
UM, I WAS SPECIFICALLY TOLD, THAT'S FINE, GO FORWARD WITH IT.
I'M LIKE, OKAY, WELL, IT MIGHT GO OVER ON THE ADJACENT PARCEL OR IT MIGHT GO OVER TWO PARCELS, BUT WE HAVE TO PUT SOMETHING UP WITHIN THREE OR FOUR PARCELS, YOUR PROPERTY.
AND I WAS SPECIFICALLY TOLD, UM, BY THE PASTURE IN ONE OF THE, UH, I GUESS IT WAS THE LEAD DEACON, THEY SAID, THAT'S FINE, WE JUST DON'T HAVE ANY ROOM ON OUR PARCEL FOR YOU.
SO YEAH, I'M, I PERSONALLY SPOKE WITH BOTH OF THEM AND TOLD THEM THAT.
NOW, HAVE I PRESENTED ANY PLANS TO 'EM? NO, BUT YOU KNOW, THEY WERE NOTIFIED AS A PART OF THIS WHOLE PROCESS FOR THE BO O A AS WELL.
WELL, YEAH, I JUST WANNA MAKE SURE YOU TALK WITH HIM AND THAT'S GREAT.
I YOU'RE VERY WELCOME AND THANK YOU.
ANY OTHER QUESTIONS? SHELL, UH, MR. SHELL, UM, THIS IS FOR THE APPLICANT.
DO YOU HAVE ANY PLANS TO PUT A FENCE OR, UM, SOME OTHER KIND OF, BASICALLY A FENCE, UH, BETWEEN YOUR PROPERTY AND THE PROPERTY OF THE CHURCH? I'M JUST THINKING ABOUT A LOT OF CHURCHES HAVE YOUTH GROUPS OR, UM, KIDS AND I MEAN, SINCE YOU ARE KIND OF CLOSE TO THAT PROPERTY LINE AT THAT SECTION, I'M JUST WONDERING.
UH, FENCING, WE WILL HAVE FENCING, UH, ALSO AS REQUIRED OF THE PERMITTING PROCESS, UH, FOR THE, FOR THE CITY OF SAN ANTONIO, WE WILL HAVE FENCING AROUND OUR EQUIPMENT THAT WOULD PREVENT ANYBODY FROM GETTING ACCESS TO VERIZON'S EQUIPMENT OR EVEN THEIR TOWERS.
SO THERE WILL BE FENCING AROUND THIS, AND THAT WOULD BE, YOU KNOW, ADDRESSED AS A PART OF THAT PERMITTING PROCESS.
SO TO ANSWER YOUR QUESTION, YES MA'AM, THERE WILL BE.
ANY OTHER COMMISSIONERS? ALL RIGHT.
UM, I HAVE, UH, NO QUESTIONS MYSELF.
UH, IF THE APPLICANT WOULD LIKE TO MAKE A QUICK CLOSING, UH, STATEMENT, UH, THEY DON'T HAVE TO, BUT IF THEY LIKE TO, THEY MAY, UH, WE'LL MOVE ON TO, UH, TO, TO A VOTE ON THIS.
SO WHAT, UH, ANYTHING MR. MARTIN? YEAH, JUST IT'LL BE VERY QUICK AND VERY SHORT.
UM, ANYTIME WE LOOK TO TRY TO PROVIDE SERVICE TO THE AREA OR THE COMMUNITY, UM, LIKE I SAID, I'VE BEEN DOING THIS FOR 26 YEARS.
VERIZON ALWAYS, ALWAYS TRIES TO LOCATE ON AN EXISTING BUILDING OR AN EXISTING TOWER IN THE AREA FIRST.
THEY'D RATHER, IT'S MUCH, MUCH, MUCH MORE INEXPENSIVE TO PUT ANTENNAS ON AN EXISTING STRUCTURE THAN IT IS TO PUT UP A NEW POLE, YOU KNOW, AT A RATIO OF PROBABLY THREE TO FOUR TIMES THAT AMOUNT.
SO BEING THAT THERE WAS NOTHING OUT THERE THAT WOULD WORK FOR THEIR NEEDS, TRUST ME WHEN I SAY THAT, UH, IF VERIZON WOULD GET AWAY WITH DOING LESS, THEY WOULD JUST BEING VERY FACTUAL THERE.
SO, UM, WE RESEARCHED EVERY ADDITIONAL POSSIBILITY AT THAT WAS OUT THERE.
THERE WERE NOT ANY, SO THIS IS OUR LAST OPTION FOR PROVIDING SERVICE FOR THE AREA.
AND SO I APPRECIATE YOUR CONSIDERATION, UM, FOR THIS PROPOSAL WE'RE PRESENTING TODAY.
UH, WOULD A COMMISSIONER LIKE TO MAKE A MOTION, PLEASE? FISHER COMMISSIONER FISHER? YES.
UH, REGARDING CASE NUMBER B O A 2 1 0 1 0 3 0 0 0 1 6, I MOVE THAT THE BOARD OF ADJUSTMENT GA GRANT A REQUEST FOR 140 FOOT VARIANCE FROM THE MINIMUM 200 FOOT TOWER SETBACK REQUIREMENT TO ALLOW THE ANTENNA SUPPORT STRUCTURE TO BE 57 FEET AWAY FROM A RESIDENTIAL ZONE PROPERTY SITUATED AT THE 10,000 BLOCK OF COLLIBRA ROAD APPLICANT BEING LOUIS MARTIN BECAUSE OF THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
[00:40:01]
TO HAVE A LESSER SETBACK FOR THE ANTENNA SUPPORTING THE STRUCTURE IS SEEKING TO PROVIDE A BETTER WIRELESS SERVICE FOR THE COMMUNITY, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST.TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP DUE TO THE FACT THAT THE SUBJECT LOT IN ITS ENTIRELY IS NOT WIDE ENOUGH TO MEET THE 200 FOOT SPACING REQUIREMENT.
STAFF FINDS THAT A LITERAL ENFORCEMENT WOULD RESULT IN UNNECESSARY HARDSHIP.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE INTENT OF THE SETBACKS IS TO PROVIDE SPACING BETWEEN NEIGHBORING STRUCTURES.
CONSIDERING THE PROPOSED CAR SERVICE ON THE LOT, THE PLACEMENT OF THE CELL TOWER HAS BEEN PROPOSED TO ALLOCATE ADEQUATE SPACE FOR THE FUTURE DEVELOPMENT.
THE ADJACENT RESIDENTIAL ZONE PROPERTY IS PRIMARILY USED AS A CHURCH AND THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE PERMITTED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY ENTER THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE APPROVAL OF THE VARIANCE WILL NOT SUBSTANTIALLY ENTER THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE NEIGHBORHOOD IS PRIMARILY COMMERCIAL CONTAINING SERVICE TYPE BUSINESSES, AND THE PROPOSED CELL TOWER WILL BLEND IN WITH THIS TYPE OF COMMUNITY.
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, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT NEARLY FINANCIAL.
THE ODD GEOMETRY OF THE LOT IS NOT WIDE ENOUGH TO BE IN COMPLIANCE WITH THE U D C REQUIREMENT.
UH, I WILL BE IN FAVOR IN SUPPORT OF THIS MOTION.
I BELIEVE THAT THE, UH, HOLD ON A SECOND.
UH, COMMISSIONER, LEMME A SECOND.
COMMISSIONER MANER, UH, GO AHEAD.
COMMISSIONER FISHER, PLEASE CONTINUE.
UM, THE PROPOSED LESSER THE, UM, VERIZON HAS, IT APPEARS THAT THEY'VE DONE SIGNIFICANT DUE DILIGENCE AND ARE KNOWLEDGEABLE ABOUT PLACEMENT WITHIN AN AREA.
UH, I I FEEL THAT THEY'VE CHOSEN AND SELECTED THE BEST LOCATION POSSIBLE WITH MINIMUM IMPACT ON THE SURROUNDING NEIGHBORHOOD, AND FOR THOSE REASONS I WILL BE IN SUPPORT.
UM, I, I AM FAMILIAR WITH THAT AREA AND, AND SOME OF THE CHALLENGES WITH CELL COVERAGE AND SO, SO I THINK THAT THERE IS A LARGE SWAT OF THE COMMUNITY THERE THAT WILL APPRECIATE THAT IT IS UNFORTUNATE THAT THEY WERE NOT ABLE TO FIND A LARGER PIECE OF PROPERTY.
UH, BUT LOOKING AT THE, UH, THE ADJACENT PROPERTIES, UM, YOU KNOW, IT LOOKS LIKE IT'S, UH, IT, IT WILL WORK FINE.
SO I'LL BE VOTING IN FAVOR, RIGHT? IS THERE ANY OTHER COMMISSIONERS WOULD LIKE TO ADD TO THE DISCUSSION? I HEARING NONE.
UM, I'LL, I I WILL JUST ADD THAT I'M ALSO IN FAVOR AND I THINK THAT, UH, WITH A LARGE DRAINAGE DITCH IN THE CHURCH THAT WAS BUILT ABOUT 22 YEARS AGO, THAT SEEMS TO BE THE ONLY, UH, RESIDENTIAL ZONE PROPERTY, UH, REALLY LEFT IN THE AREA.
I THINK THIS IS A, YOU KNOW, THE LOCATION OF CHOICE, SO, UH, IT'S BEST SUITED FOR THE AREA.
SO I'LL BE IN SUPPORT, UH, STAFF, PLEASE TAKE A ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
[00:45:01]
MS. CRUZ, UH, THUMBS UP FOR APPROVAL.UM, ALRIGHT, MRNA, UH, I CONCUR WITH THE FINDINGS OF FACT, MS. RAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
MR. DOMER, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT.
MR. ZUNA? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT.
UH, BEFORE WE GET STARTED, I THINK MAYBE I SHOULD STEP AWAY AT THIS POINT GIVEN, UH, THE AMOUNT OF TIME.
UM, CAN'T WAIT TO SEE YOU BACK, COMMISSIONER BRADMAN.
[4. 21-2447 BOA-21-10300019]
ALRIGHT, NEXT CASE.ADDRESS IS 30 22 EL PASO STREET COUNCIL.
DISTRICT FIVE, UH, THE APPLICANT IS BULAH, L L P REQUEST FOR ONE A 10 FOOT SIX INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW THE NEW ADDITION TO BE NINE FEET SIX INCHES AWAY FROM THE REAR PROPERTY LINE.
AND TWO, A ONE FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW THE STRUCTURE TO BE THREE FOOT TWO INCHES AWAY FROM THE SIDE PROPERTY LINE.
CURRENT ZONING IS R FOUR M D TWO.
THE SUBJECT PROPERTY IS LOCATED UH, 30 22 EL PASO, SOUTH OF ELMENDORF PARK AND THE C ZOR CREEK.
AND AS SUCH, THE WHOLE LOT IS LOCATED WITHIN THE A HUNDRED YEAR FLOODPLAIN.
THE APPLICANT WILL NEED TO APPLY FOR A FLOODPLAIN PERMIT IF APPROVED THROUGH THE PUBLIC WORKS DEPARTMENT AND MUST MEET ALL FLOODPLAIN REQUIREMENTS.
THE NEIGHBORHOOD IS PREDOMINANTLY SURROUNDED BY SINGLE FAMILY PROPERTIES.
THE APPLICANT BUILT A 160 UH, SQUARE FOOT NEW ADDITION TO THE REAR OF THE, UH, PRIMARY RESIDENCE TO EXPAND THE EXISTING LIVING AREA, UH, THAT ENCROACHED 10 FEET, SIX INCHES INTO THE REAR SETBACK.
THEIR EXISTING ENCLOSED GAS WATER HEATER, UH, CLOSED, UH, CLOSET, WHICH IS THREE FEET, TWO INCHES AWAY FROM THE SIDE PROPERTY LINE AND THE APPLICANT IS REQUESTING, UH, FOR THE SIDE SET VARIANCE FOR THAT AS WELL.
THERE IS A CODE VIOL, UH, CODE RECORD ON FILE AS THE APPLICANT DID NOT OBTAIN, UH, REQUIRED PERMITS TO REMODEL THE, THE PRIMARY STRUCTURE AND TO BUILD A NEW ADDITION.
COPY OF THE SITE PLAN, SUBJECT PROPERTY, NEW ADDITION REAR OF THE PROPERTY, THAT SIDE VIEW.
AND YOU CAN SEE THE, THE WATER HEATER, THAT'S THE MEASUREMENT FROM THE WATER HEATER, NEIGHBORING PROPERTIES AND SURROUNDING AREA.
STAFF RECOMMENDS APPROVAL OF THE VARIANCE IN BO O A 21 1 0 3 0 0 0 1 9 BASED ON FOLLOWING FINES EFFECT.
THE NEW ADDITION WATER HEATER CLOSET WILL NOT PUT THE NEIGHBORHOOD OUT OF CHARACTER AND BOTH STRUCTURES ALLOW ADEQUATE SPACE FOR MAINTENANCE WITHOUT TRESPASS AND KEEP THE CHARACTER OF THE HOME UNCHANGED.
AND THERE'S PLENTY OF SPACE BETWEEN THE NEIGHBORING STRUCTURES.
UH, THE NEIGHBOR WAS IN OPPOSITION AND NO RESPONSE FROM THE PROSPECT HILL NEIGHBORHOOD ASSOCIATION.
WE DO HAVE THE APPLICANT ON THE LINE.
SIR, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
UM, ADDRESS IS FOR 3 0 2 2 EL PASO.
MY PERSONAL ADDRESS, MY RESIDENCE IS 1 3 4 3 9 BLACKSTONE IN UNIVERSAL CITY, TEXAS 7 8 1 4 8.
YOU CAN START YOUR PRESENTATION.
[00:50:01]
500 SQUARE FEET.AND, UH, WE SIMPLY JUST LOOKED AT THE NEIGHBORING PROPERTIES.
THEY BOTH HAD THE ADJACENT PROPERTIES TO THE LEFT AND THE RIGHT, IF YOU'RE LOOKING AT THE HOUSE FROM THE STREET, THEY BOTH HAD EXTENDED THEIR PROPERTIES AND SO WE JUST BASICALLY JUST, UH, DID AN ADDITION MATCHING UP WITH THEIRS TO, I APOLOGIZE, WE'RE NOT AWARE THAT THERE WAS A 20 FOOT SETBACK, BUILDING SETBACK, BUT I ALSO INCLUDED SOME SLIDES, UM, USING GOOGLE EARTH AND IT SEEMS TO BE COMMON THAT, UM, MOST OF THE NEIGHBORS ACTUALLY HAVE BUILT INTO THE 20 FOOT SETBACK.
IF YOU ZOOM IN LOOKING AT PAGE ONE, YOU CAN SEE A LOT OF THE, UM, BIRD'S EYE VIEW.
UM, MORE THAN HALF OF THE FOLKS HAVE DONE THAT.
AND THAT'S BASICALLY WHERE WE'RE JUST GOING BY THE, TRYING TO BE IN HARMONY, UH, WITH THE NEIGHBORS.
UH, PAGE TWO AND PAGE THREE ARE WHERE YOU CAN ZOOM IN AND SEAL, BUT THAT I TRIED TO DRAW A BROWN HORIZONTAL LINE WHERE THE PROPERTY LINES ARE AT AND YOU CAN SEE WHERE, UH, THE MAJORITY OF NEIGHBORS HAVE DONE THE SAME THING.
BUT AGAIN, UH, YOU KNOW, I WAS NOT AWARE, MY APOLOGIES.
WE DID NOT KNOW THAT THERE WAS AN EXISTING 20 FOOT, UH, BUILDING SETBACK JUST FROM VISUALLY OBSERVING WITH THE NEIGHBORS.
UH, MR. HOCKLEY, YOU KNOW, THERE'S A, UM, A GOOD SEVEN SECOND DELAY.
IF, IF YOU JUST, UH, WANNA LET STAFF KNOW WHAT SLIDE YOU'RE ON, YOU CAN JUST CONTINUE YOUR PRESENTATION.
UM, SO IT'S SHOWING, I SEE SLIDE THREE NOW.
IT'S ACTUALLY SHOWING THE, UH, BIRD'S EYE VIEW, THE NEIGHBORS ON EACH SIDE OF US.
AND I WAS JUST SIMPLY JUST, UH, BUILDING OUT TO MATCH WHAT THEY HAD DONE.
UH, THEY HAD BUILT INTO THE, UM, INTO THE BACKYARD A LITTLE BIT FOR THIS PARTICULAR HOUSE AT 3 0 2 2, IT'S ONLY A TWO BEDROOM AND IT'S JUST, UH, A LOT OF HOUSES THESE DAYS.
UH, IT'S A DESIRE TO HAVE THREE BEDROOMS. SO THAT'S WHAT WE DID.
WE ADDED A THIRD BEDROOM AND A, UH, EXTENDED IT OUT ABOUT 10 FEET, SIX INCHES INTO THAT REAR SETBACK.
AND WE'RE JUST ASKING THE BOARD TO, UH, CONSIDER, UH, THAT, UH, THE VAST MAJORITY OF NEIGHBORS HAD DONE THE SAME AND, UH, WE WERE JUST NOT AWARE.
DID YOU WANT TO PROVIDE ANY, UH, UH, UH, PRESENTATION WITH REGARDS TO THE, UH, THE HEATER, UH, ENCLOSURE THAT'S ON THE SIDE OF THE BUILDING? SO THERE IS A WATER HEATER ON THE SIDE.
UH, IT'S NOT A PERMANENT STRUCTURE.
UM, THAT WAS, UH, JUST TO GET IT OUTSIDE OF THE HOUSE, UH, IN A MORE SAFE ENVIRONMENT TO WHERE IT CAN BE VENTED PROPERLY.
IT'S A GAS WATER HEATER, THAT'S ALL IT IS.
IT'S JUST A WATER HEATER CLOSET.
UM, STAFF, IS THERE ANY PUBLIC COMMENTARY THAT NEEDS TO BE READ IN? THERE IS ONE.
SO IT IS FROM, UH, COMPUTER, SO I SPOKE PHONE, MS. CRUZ.
IT'S FROM THE NE NEIGHBOR MARIO.
IT SAYS, UH, 30 22 EL PASO AND THEY'RE IN OPPOSITION.
THIS HOUSE NEEDS TO BE DEMOLISHED.
THE LAST PERSON WHO LIVED AT 30 22 EL PASO, UH, FOUND SYRINGES, UM, WITH HEROIN HIDDEN BEHIND WALLS AND CABINETS.
THE WATER HEATER IS TOO CLOSE TO THE, TO MY FENCE LINE.
AND THE ADDITION HAS, UH, HAD NOT PERMITTED, UH, INVESTORS ONLY WANT TO MAKE MONEY.
THEY'RE NOT INTERESTED IN THE HEALTH AND SAFETY OF THE BUYER OR THE NEIGHBORHOOD.
AND THAT CONCLUDES ALL THE COMMENTARY.
UH, IS THERE ANY, UH, COMMISSIONER QUESTIONS? ZDA UH, COMMISSIONER ZUNA, UH, CURIOUS, HOW WAS THIS CASE ORIGINATED? STAFF COMPLIANCE.
AND THEN I NOTE NOTED THAT THE, UM, APPLICANT, THEY NEVER PULLED THE BUILDING PERMIT.
UH, WE JUST WANTED TO CONFIRM THAT, THAT ANY APPROVAL WOULD REQUIRE THEM TO HAVE THAT IMPROVEMENT.
MEET CURRENT BUILDING CODES? THAT IS CORRECT.
THEY WOULD ALSO HAVE TO PULL, UH, FLOODPLAIN PERMITS THROUGH OUR STORMWATER ENGINEERING TEAM THROUGH PUBLIC WORKS AS WELL.
SO, BECAUSE IT IS ENTIRELY IN THE FLOODPLAIN.
[00:55:01]
CRUZ? MR. CRUZ? UH, YES FOR THE APPLICANT? SIR, WHEN THIS, WHEN YOU BOUGHT THIS HOME, WAS THE ADDITION ALREADY THERE AND YOU JUST NOTICED IT? IT WAS NOT WITHIN CODE.THERE WAS NOT A RE EDITION PRIOR TO US ZONING IT.
OKAY, SO YOU ADDED THE ADDITION, IS THAT CORRECT? YES, MA'AM.
AND OUR INTENT IS TO FOLLOW ALL THE BUILDING CODES AND PULL PERMITS AS REQUIRED PER THE, UH, STANDARDS WITH THE CITY.
ANY OTHER COMMISSIONER? QUESTIONS? MANANA? COMMISSIONER MANANA.
SO, UM, I GUESS, YOU KNOW, THERE WAS A NOTE HERE FROM THE, FROM THE NEIGHBOR, UM, THAT HAD SOME CONCERNS.
AND I GUESS DID YOU HAVE AN OPPORTUNITY TO TALK TO THEM ABOUT THEIR CONCERNS? UH, OH, THAT WAS FOR ME, YES.
UH, SO I ACTUALLY HAD TALKED WITH THE NEIGHBOR BEFORE.
SHE ACTUALLY WAS INTERESTED IN BUYING IT FROM ME AND, UM, I TRIED REACHING OUT TO HER THIS MORNING.
UH, I ALSO TEXTED HER, BUT SHE DID NOT RESPOND.
BUT NOW I SEE WHY
UM, YES, WE, WE, I INVITED HER INTO THE HOUSE ACTUALLY PREVIOUSLY WHILE, UH, AT THE BEGINNING WHEN I FIRST STARTED FIXING IT UP.
BUT, UM, SHE TOLD ME THIS STORY OF HER HOUSE, HOW SHE TOOK IT DOWN TO THE STUDS AND HAD TO REBUILD HER HOUSE.
I FORGET WHY, UM, THIS PLEASANT CONVERSATION.
I WAS NOT AWARE THAT, UH, OF HER COMMENTS.
BUT WE HAVE COMMUNICATED IN THE PAST ABSOLUTELY IN PERSON.
ANYONE ELSE? MINKA, COMMISSIONER MINKA? UH, I HAVE A LITTLE BIT OF CONCERN HERE WITH THAT WATER HEATER.
UH, IT LOOKS LIKE THE FOUNDATION IS MOVING IN THE FRONT AND I'M CONCERNED WHAT THE WATER HEATER, SINCE IT WAS AN AFTERTHOUGHT OF PUTTING THAT OUTSIDE RATHER THAN DESIGN IT INTO THE BACK SOMEHOW THAT, THAT WATER HEATER, WHAT IS IT SITTING ON THAT IT WON'T MOVE IN THE FUTURE AND THUS CAUSE AN ISSUE TO THE, TO THE NEXT DOOR NEIGHBOR? IT'S A WOOD FOUNDATION.
IT'S THE STANDARD NAP APPEAR AND BEAM TYPE OF FOUNDATION FOR STRUCTURE THAT CAN HOLD A 40 GALLON WATER HEATER.
IF NECESSARY, IT COULD BE REINFORCED IF NECESSARY.
ANY OTHER QUESTIONS? MANNA? OKAY.
I WANNA FOLLOW UP ON, UM, MS. AKA'S QUESTION.
SO AS FAR AS THE PLACEMENT, UM, I GUESS ARE THERE ANY OPPORTUNITIES TO MOVE THAT TO A DIFFERENT, UH, PLACE IN, UH, IN AND OR AROUND THE HOUSE, UM, YOU KNOW, ATTIC AND OR ON THE BACKSIDE? IS THAT, IS THAT AN OPTION OR, UH, ANYTHING'S POSSIBLE.
UM, SINCE IT IS A WATER HEATER, THERE'S NOT A WHOLE LOT TO IT.
UM, JUST THINKING OUT LOUD, THE PATH OF LEAST RESISTANCE WOULD BE THE NEAREST ADJACENT WALL, WHICH WOULD BE THE REAR.
UM, PRIOR TO THAT IT WAS IN THE KITCHEN.
UH, STAFF, YOU SAID THERE WAS NO PERMITS, BUT WERE THERE TRADE PERMITS PULLED, SIR, SPECIFICALLY A PLUMBING PERMIT? NOT EVEN FOR THE WATER HEATER? NO, SIR.
SO, UH, SO FOR THE APPLICANT, DID YOU INSTALL THE WATER HEATER YOURSELF OR DID YOU HIRE A LICENSED PLUMBER TO DO IT? I HIRED A PLUMBER TO INSTALL THAT, SIR.
AND DID HE RECOMMEND THIS LOCATION? UH, BECAUSE YOU KNOW, IT DOESN'T LOOK LIKE YOUR ATTIC MAY BE LARGE ENOUGH FOR A WATER HEATER, BUT YOU, YOU CERTAINLY COULD HAVE HAD OTHER, UH, LOCATIONS.
IS THIS WHERE HE RECOMMENDED IT, IT IT GO OR IS THIS, HOW DID IT END UP THERE? WHERE IT'S LOCATED NOW IS THE CLOSEST EXTERIOR WALL.
IT WAS IN THE KITCHEN, WHICH IS ROUGHLY ON THE RIGHT SIDE.
AND, UH, THIS, THE, UH, IN THE REAR STAFF, IS IT NINE SIX, IS THAT MEASURED TO THE, TO THE OVERHANG OR IS THAT TO THE WALL? THAT IS TO THE WALL, SIR.
IS THERE ANY MORE COMMISSIONER QUESTIONS A HEARING NOW? SO FOR THE APPLICANT, YOU, YOU CAN TAKE A, A MINUTE OR TWO AND MAKE A SHORT, UM, STATEMENT BEFORE WE WE MOVE ON TO A MOTION? YES.
UH, AGAIN, I JUST WANT TO THANK YOU ALL FOR YOUR TIME AND CONSIDERING, UM, OUR REQUEST FOR A VARIANCE, UM, AGAIN, IT WAS JUST TO
[01:00:01]
INCREASE THE SIZE OF THE HOUSE.IT IS ONLY A TWO BEDROOM AND, UM, TO BE IN HARMONY WITH THE NEIGHBORS LOOKING VISUALLY LOOKING AT THE NEIGHBORS ON EACH SIDE.
THEY HAD BOTH EXTENDED THEIR REAR OF THEIR IMPROVEMENTS.
SO WE WERE JUST MATCHING UP TO THEIR LINE OF SIGHT AS WELL.
BUT ALSO TO IMPROVE THE PROPERTY, CREATE SOME MORE VALUE, CREATE SOME MORE OPPORTUNITY FOR FAMILIES.
'CAUSE THE TWO BEDROOM NOWADAYS IS A LITTLE BIT ON THE SMALLER SIDE FOR FAMILIES.
AND SO WE WERE SEEKING TO SIMPLY JUST MAKE IT A LITTLE BIT BIGGER WITH, UH, A MODEST, UH, RE EDITION ON THE BACK.
UM, I AM NOW A LICENSED CONTRACTOR WITH THE CITY AND OUR INTENTIONS ARE TO PULL ALL PERMITS THAT ARE REQUIRED.
UH, FOR THAT ADDITION, THAT WAS DONE.
UM, THAT'S ACTUALLY HOW THIS HAPPENED.
I WENT TO APPLY FOR THE PERMITS AND THEN THE BUILDING SETBACK WAS DISCOVERED.
AND AGAIN, THANK YOU FOR YOUR TIME AND CONSIDERATION.
SO I'M LOOKING FOR A MOTION ON THIS CASE AND I WOULD LIKE TO, UH, REMIND THE COMMISSION THAT, UH, FOR ITEM TWO OF THE MOTION REGARDING THE ONE FOOT 10 INCH VARIANCE FROM THE SIDE SETBACK.
UH, IT, IT DOES THE, THE, UH, SUGGESTED TEMPLATE DOES SAY ALLOW US, ALLOW THE STRUCTURE.
BUT I WOULD HIGHLY RECOMMEND, UH, ADDING THE TEXT REGARDING THAT, THAT IT'S A WATER HEATER CLOSET AND, AND NOT JUST A STRUCTURE, JUST SO THAT WE CAN KEEP IT SMALL.
SO ANYONE LIKE TO, UH, TAKE A STAB AT THIS ONE.
DOUG, UH, COMMISSIONER UNA REGARDING CASE NUMBER BOA DASH 21 DASH 0 3 9, I MOVE TO THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR ONE A 10 FOOT SIX INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW THE NEW ADDITION TO BE NINE FOOT SIX INCHES AWAY FROM THE REAR PROPERTY LINE.
AND TWO, A ONE FOOT 10 VARIANCE FROM THE MINIMUM FIVE FOOT SET SIDE SETBACK REQUIREMENT TO ALLOW THE WATER HEATER STRUCTURE TO BE THREE FOOT, THREE FEET, TWO INCHES AWAY FROM THE SIDE PROPERTY LINE SITUATED AT 3 0 2 2 EL PASO STREET.
APPLICANT BEING, UH, ZULA, L L P.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE THE TERM THAT SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A FULL ENFORCEMENT OF, 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 PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE REQUESTED VARIANCE FOR THE CONSTRUCTION FOR THE CONSTRUCTION NEW ADDITION IS NOT CURRENT.
CONTRARY TO THE PUBLIC INTEREST AS THERE IS A NINE FOOT SIX INCH SPACE BETWEEN THE SUBJECT PROPERTY AND THE REAR PROPERTY LINE, REDUCING THE SIDE SETBACK BY ONE FOOT 10 INCHES TO ACCOMMODATE AN ENCLOSED, UH, WATER HEATER WITHIN THE SIDE YARD WOULD NOT CAUSE ANY ADVERSE EFFECT.
UM, TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
STAFF FINDS IN THOSE SPECIAL CONDITIONS THAT IF ENFORCED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
HAVING A LESSER REAR SETBACK SEEMS TO BE A COMMENT IN THE NEIGHBORHOOD AND BOTH STRUCTURES HAVE ALREADY BEEN BUILT.
IF THE VARIANCE ARE NOT GRANTED, THE STRUCTURE WOULD HAVE TO BE DEMOLISHED OR MODIFIED.
THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AT THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE NEW ADDITION AND ENCLOSED WATER HEATERS, CLOSETS ARE NINE, SIX AND THREE FEET TWO RESPECTIVELY AWAY FROM THE PROPERTY LINES.
UH, THAT LEAVES ADEQUATE SPACE FOR LONG-TERM MAINTENANCE WITHOUT TRESPASSING.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USE IS SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE PERMITTED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT ONCE THE PROPERTY IS LOCATED.
THE REQUEST TO REDUCE THE REAR AND SIDE SETBACKS AND NOT POSE THE RISK OF, OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT LIKELY, UH, DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT ONCE THE PROPERTY IS LOCATED AT SIX, APPLY THAT THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL, ARE NOT DUE, ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS OF 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.
WE HAVE A MOTION AND A SECOND, UH, SECOND BY COMMISSIONER CRUZ.
UM, MR. ZUNA, PLEASE LEAD THE DISCUSSION.
SO I AM GOING TO SUPPORT THE VARIANCE AS REQUESTED.
UM, GIVEN THE FACT THAT, YOU KNOW, THE, THE APPLICANT WILL BE UH, BRINGING THE PROPERTY UP TO ALL CURRENT CODE AND BUILDING CODES AND ALSO, YOU KNOW, REVIEW WITH THE, UM, YOU KNOW, THE FLOOD CERTIFICATION AS REQUIRED.
UM, YOU KNOW, IT WAS THE, THE IMPROVEMENTS DO I THINK PROVIDE FOR A NECESSARY HOUSING WITHIN THE INNER CITY HOUSING
[01:05:01]
IS AT A SHORTAGE, AND I THINK IT WILL PROVIDE A SAFE STRUCTURE, UH, ONCE THE BUILDING PERMITS ARE PULLED FOR THE PROJECT AND MINIMUM, UH, OPPOSITION FROM THE ADJOINING PROPERTY OWNERS.SO FOR THOSE REASONS, I'LL SUPPORT THE MOTION.
YOU COMMISSIONER CRUZ? UH, YES, I CONCUR WITH MR. UNA.
I THINK THE, UH, PROPERTY WILL LOOK A LOT BETTER NOW WITH THE ADDITION AND IT SHOULD IMPROVE THE NEIGHBORHOOD AS WELL.
UH, ANY OTHER COMMISSIONERS LIKE TO ADD? I HEARING NONE, UH, I'M GONNA SAY THAT I'M ALSO IN SUPPORT AND WITH ALL THE PERMITS THAT THE, UH, APPLICANT IS GOING TO HAVE TO OBTAIN, I THINK THIS WILL END UP, UH, BEING, BEING RELATIVELY SAFE AND, AND GOOD FOR THE SURROUNDING AREA.
SO, WITH THAT STAFF, PLEASE TAKE A VOTE.
MICHELLE, I CONCUR WITH THE FINDINGS OF FACT.
MR. MEA, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR.
MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACTS.
MR. UNA? YES, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR ORIAN.
UH, I ALSO CONCUR WITH THE FINDINGS OF FACT.
[5. 21-2549 BOA-21-10300018]
CASE.LOCATION AT 1604 EL MONTE BOULEVARD COUNCIL DISTRICT ONE.
THE APPLICANT IS MARY BRIDGET O'CONNOR.
REQUEST FOR VARIANCE TO THE GARAGE.
MINIMUM SETBACK OF 20 FEET TO ALLOW A GARAGE TO BE 11 FEET AWAY FROM THE SIDE PROPERTY LINE, ZOIA IS R FOUR A H O D.
SUBJECT PROPERTY IS LOCATED ON THE REAR NORTHWEST SIDE OF SAN ANTONIO WITHIN SINGLE FAMILY AREA IN THE GREATER BELLEVUE NEIGHBORHOOD.
APPLICANT IS REQUESTING A VARIANCE, UH, TO THE DRIVEWAY PORTION OF THE GARAGE REQUIRING 20 FEET PER SECTION 35 5 16.
LOCATION OF THE GAS METER CURRENTLY EXISTS RIGHT BEHIND THE EXISTING GARAGE, WHICH PREVENTS CONSTRUCTION ANY FURTHER INTO THE LOT, UH, THAN CURRENTLY THAT THE CURRENT LOCATION OF THE GARAGE EXISTS.
SITE PLAN OF THE PROPOSED GARAGE SUBJECT PROPERTY, EXISTING GARAGE, AND BASICALLY THE SAME PLACEMENT AS THE NEW GARAGE WOULD BE.
THERE'S A REAR ALLEY AND THERE'S THE, UH, THE GAS METER AS I MENTIONED, RIGHT BEHIND THE EXISTING GARAGE SURROUNDING AREA.
STAFF RECOMMENDS APPROVAL OF THE VARIANCES IN B O A 2 1 1 0 3 0 0 0 1 8 BASED ON THE FOLLOWING FINDINGS.
FACT, ADEQUATE SPACE WILL EXIST TO PARK A VEHICLE IN THE DRIVEWAY IN THE PROPERTY, AND THE REQUEST OF VARIANCES WILL NOT DETRACT FROM THE CHARACTER OF THIS DISTRICT.
BE, UM, JUST BEFORE YOU, UH, FINALIZE YOUR APPLICATION, CAN YOU, UH, COMMENT ON THE PERMIT PERMITTING STATUS OF THIS? UH, IT'S, SO THERE'S AN EXISTING, UH, GARAGE.
THEY HAVEN'T APPLIED FOR ANYTHING YET.
THEY NEED TO DEMO THE EXISTING GARAGE, WHICH, WHICH WAS BUILT IN THE 1940S.
AND, UH, BEFORE THEY DO THAT, THEY WANTED TO GO THROUGH THIS PROCESS FIRST.
ONCE THEY DO, THEY'RE GONNA REQUEST A, A GARAGE TO BE PLACED AT THE SAME LOCATION AS, AS THE EXISTING ONE.
ZERO IN FAVOR, ZERO IN OPPOSITION.
AND THERE IS NO REGISTERED NEIGHBOR ASSOCIATION FOR THIS AREA.
THE APPLICANT THAT I'M SHOWING FOR THIS CASE.
WHEN YOU'RE READY, MA'AM, PLEASE STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
AND MY ADDRESS IS 1604 AMES AND
[01:10:01]
I AM BASICALLY JUST TRYING TO BUILD A GARAGE TO REPLACE THE GARAGE THAT'S FALLING DOWN AND THE CURRENT GARAGE IS IN THAT 11 FEET AWAY FROM THE, UM, PROPERTY LINE.AND I JUST WANNA KEEP IT IN THE SAME SPOT, BUT I WANNA MAKE IT A TWO CAR GARAGE SO IT'LL GO WIDER, BUT NOT CLOSER TO THE STREET, IF THAT MAKES ANY SENSE.
UM, BAF, IS THERE ANYTHING TO READ IN? UH, NO SIR.
AND, UH, CAN YOU COMMENT ON WHETHER OR NOT THE STREET RUNNING DOWN THE SIDE WOULD REDUCE THE SIDE SETBACK AT ALL? LIKE IT WOULD AT IF IT WAS LIKE A REAR ALLEY? DOES THAT COME INTO PLAY ON THIS? NO, SIR.
SO THE ALLEY, SO THE ALLEY ITSELF WILL ONLY HELP OUT THAT REAR SETBACK, WHICH IS, WOULD'VE BEEN A FIVE.
THEY COULD USE HALF OF IT FOR THAT.
IT'S THE, UM, SINCE THE GARAGE REQUIREMENT IS THE 20, UH, THAT'S WHERE WE ARE, THE NEIGHBORING LOT BEHIND THEM.
IT'S A VERY SIMILAR, UM, PARKING SITUATION, SO IT WOULDN'T, IT WOULDN'T BE OUT OF CHARACTER WITH THE NEIGHBORHOOD.
UH, IS THERE ANY COMMISSIONER QUESTIONS? MANNA, UH, COMMISSIONER MANNA, UM, JUST FOR THE APPLICANT, I, I'M LOOKING ON GOOGLE, UH, GOOGLE MAPS AND IT APPEARS THAT THERE IS, AND MAYBE A, MAYBE YOU SPOKEN TO.
THERE'S A GARAGE AND THEN CARPORTS ON THAT PROPERTY.
AND IS THE GOAL HERE THAT YOU'RE GOING TO REMOVE THE CARPORTS AND EX EXPAND THE SIZE OF THE GARAGE SO THAT IT'LL CONSUME BOTH THOSE, UH, ALLOW FOR I, I GUESS ALL THAT PARKING? EXACTLY, THAT'S EXACTLY WHAT I'M TRYING TO DO.
ANY, ANY OTHER QUESTIONS? ANYONE? OKAY.
UH, I FOR THE APPLICANT, IF THERE'S ANY CLOSING STATEMENTS YOU'D LIKE TO MAKE BEFORE WE, UH, ASK FOR A MOTION.
YOU'VE, YOU'VE GOT A MINUTE OR TWO TO DO.
SO, UM, BASICALLY JUST WHAT I STATED BEFORE, I JUST WANNA BUILD, UM, A GARAGE SO THAT I CAN PUT MY CARS INSIDE THE GARAGE INSTEAD OF OUT UNDER THE CARPORTS.
'CAUSE THE CARPORTS SOMETIMES GET TAKEN AWAY BY WINDSTORMS AND I WOULD LIKE TO HAVE EVERYTHING ENCLOSED AND I'M NOT GONNA BE ANY CLOSER TO THE STREET THAN I CURRENTLY AM, AND I WON'T BE ANY CLOSER TO THE ALLEY THAN I CURRENTLY AM.
SO NONE OF IT WILL ENCROACH ON ANYTHING IN THE NEIGHBORHOOD.
AND I'M GONNA TRY TO MAKE IT LOOK AS CLOSE TO WHAT MY HOUSE LOOKS LIKE AS POSSIBLE SO THAT IT MATCHES THE REST OF THE NEIGHBORHOOD.
UH, IS THERE A MOTION PLEASE? SURE.
UH, REGARDING CASE NUMBER BOA 2 1 1 0 3 0 0 0 1 8, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A VARIANCE TO THE GARAGE MINIMUM SETBACK OF 20 FEET TO ALLOW YOUR GARAGE TO BE 11 FOOT AWAY FROM THE SLIDE OF THE PROPERTY LINE SITUATED AT 1604 A MONTE BOULEVARD APPLICANT BEING MARY O'CONNOR.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE TO DETERMINE SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE GARAGE DRIVEWAY VARIANCE OF NINE FEET ZERO INCHES IS NOT CONTRARY TO THE PUBLIC INTEREST, TWO OR ONE DUE TO SPECIAL CONDITIONS.
A LITERAL ENFORCEMENT OF THE ORDINANCE WILL RESULT IN AN, IN UNNECESSARY HARDSHIP IN THE ABSENCE OF THE VARIANCE.
NO REASONABLE USE MAY BE MADE AT THE PROPERTY BECAUSE THE GAS METER PREVENTS CONSTRUCTION ANY FURTHER INTO THE LOT THAT THE CURRENT LOCATION OF THE GARAGE TO BY GRANTING THE VARIANCE, THE SPECIAL OF THE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE PROPOSED GARAGE WILL BE USED FOR THE SAME PURPOSE AS THE CURRENT GARAGE.
IT IS NOT FOR A SPECIAL PRIVILEGE.
THE CURRENT GARAGE IS SHOWING SIGNS OF DECAY AND A NEW BUILDING IS NEEDED TO PROTECT VEHICLES AND GARDEN TOOLS.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
THIS PROPOSED VARIANCE WILL NOT BE FOR ANY USE OTHER THAN THOSE
[01:15:01]
USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IS CURRENTLY A GARAGE AND WILL CONTINUE TO BE USED AS A GARAGE FOR SUCH VARIANCE, WILL NOT SUBSTANTIALLY ENTER 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.
11 FOOT DRIVEWAY WILL NOT INJURE ADJACENT PROPERTIES AS IT IS STILL HAS ROOM TO PARK A VEHICLE IN THE DRIVEWAY INSIDE THE PROPERTY.
THE PLAINTIFF, 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, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT FOR WHICH THE PROPERTY IS LOCATED.
THE LOCATION OF THE GAS METER PREVENTS CONSTRUCTION OF ANY FURTHER INTO THE LOT THAN THE CURRENT LOCATION OF THE GARAGE.
DO WE HAVE A SECOND, SECOND, SECOND BY COMMISSIONER AMANDA? UH, COMMISSIONER FISHER, PLEASE LEAVE THE DISCUSSION.
UH, IT'S MY OPINION THAT THE, UM, BUILDING OF THIS GARAGE WILL BENEFIT THE OWNER AND, AND THE NEIGHBORHOOD TO PROVIDE SUFFICIENT PARKING SPECIFICALLY FOR THE OWNER.
AND AS THE, UH, CURRENT GARAGE IS, IS, YOU KNOW, 40 YEARS OLD, IT IT DOESN'T NEED TO BE REPLACED.
UH, I I AND THE CURRENT LOT IS RESTRICTED WITH A GAS LINE, SO I THINK THIS IS THE BEST USE OF THE LOT.
I CONCUR WITH, UM, MS. FISHER AND, UM, YOU KNOW, I I'D LIKE TO THANK THE APPLICANT FOR, YOU KNOW, DOING ALL THIS UPFRONT, WHICH IS ALWAYS WONDERFUL TO HEAR.
SO IT, UH, MAKES THE DIALOGUE A LOT, UH, NICER AND, AND, UH, EASIER TO KIND OF TALK ABOUT.
SO I, I WILL BE VOTING IN FAVOR.
ANY OTHER COMMISSIONERS? I HEARING NONE? UH, I EVERY STAFF PLEASE, UH, ENTERTAIN A VOTE LIST.
YES, I CONCUR WITH THE FINDINGS OF FACT.
MS. HUMANA, I CONCUR WITH THE MS. BREGMAN.
MR. THI YES, I CONCUR WITH THE FINDINGS OF FACT.
MR. UNA? YES, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR ORIENT AND I ALSO CONCUR WITH THE FINDINGS OF FACT WITH A VOTE OF 10 CASE UNANIMOUSLY.
[6. 21-2576 BOA-21-10300012]
APPLICANT IS A SPANISH SPEAKER, SO I'M GONNA BE DOING THIS WITH SPANISH TRANSLATION ALONGSIDE.OKAY, SO THE NEXT CASE IS B Y 21 1 0 3 0 0 0 1 2, LOCATED AT 7 46 BRUNSWICK BOULEVARD, AND
[01:20:07]
THE APPLICANT IS RAMIREZ AND IS REQUEST MM-HMM.AND IS R SIX RESIDENTIAL? NO, THE SUBJECT PROPERTY IS LOCATED MID-BLOCK ALONG BRUNSWICK BOULEVARD, BRUNSWICK BOULEVARD.
THERE IS A CODE VIOLATION FROM IN JANUARY FOR BUILDING WITHOUT A PERMIT.
I FOR, UH, PROPERTY LINE IS UNCLEAR.
ON SITE VISIT CARPORT APPEARS TO BE BUILT AS CLOSE AS FOUR INCHES FROM THE PROPERTY LINE.
AND AS FAR AS ONE FOOT FOUR INCHES, THE GUTTER IS ON THE CARPORT AND ABOUT TWO INCHES.
THE CARPORT HAS A WIDTH OF 16 FEET AND THE LENGTH OF 34 FEET.
THERE ARE OTHER CARPORTS IN THE SURROUNDING AREA WITH SIMILAR SETBACK ENCROACHMENTS.
THIS IS A COPY OF THE SITE PLAN, THE SUBJECT PROPERTY, THE CARPORT WITH THE GUTTERS, THE MEASUREMENTS, AND THEN THE FURTHEST MEASUREMENT, WHICH IS 1 4, 1 FOOT FOUR INCHES.
THE CARPORT IS UNDER CONSTRUCTION, AS YOU CAN SEE HERE.
AND THESE ARE THE SURROUNDING AREAS.
AS YOU CAN SEE, THERE ARE SEVERAL CARPORTS IN THE NEIGHBORHOOD, VERY SIMILAR.
THERE WERE 40 NOTICES SENT OUT.
ONE WAS RECEIVED IN FAVOR AND ZERO IN OPPOSITION, AND THERE'S NO NEIGHBOR ASSOCIATION.
STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION OF TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT WITH TWO INCH GUTTERS
[01:25:03]
TO BE THREE FEET AWAY FROM THE SIDE PROPERTY LINE.THE CARPORT WILL HAVE AN ADJUSTED WIDTH OF 13 FEET FOUR INCHES, AND THE CARPORT WILL BE THREE FEET AWAY FROM THE SIDE PROPERTY LINE.
WE DO HAVE THE APPLICANT IRA RAMIREZ ON THE LINE.
PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION IT AFTER WE HAVE AN ESTABLISHED PHONE CONNECTION.
IT'S JUST HE HAS TO, UH, HIT STAR SIX TO UNMUTE AND, UM, YOU CALL YEAH, WHY DON'T, WHY DON'T YOU TRY CALLING THEM? HE'S ON THERE, BUT HE'S NOT HITTING, HE'S ON MUTE.
SO HE IS HEARD THE PRESENTATION.
LET'S, WE'RE GONNA CALL HIM RIGHT BACK, SIR.
UM, I'M, UH, IS THERE, IS THERE ANY, UH, COMMENTARY YOU NEED TO READ INTO THE RECORD? NO COMMENTARY.
BUT THERE'S NO, THERE'S NO STATEMENTS AT ALL.
AND JUST SO YOU KNOW, WHEN IT, WHEN IT COMES TIME TO QUESTIONING, I'M, I'M GONNA ASK YOU TO EXPAND ON THE TWO INCH GUTTERS THAT'S, THAT'S, THAT'S ON THE REQUEST AND PART OF YOUR, UH, RECOMMENDED ALTERNATE BECAUSE I, THE PICTURE LOOKED LIKE THEY WERE BIGGER THAN TWO INCHES.
I WAS JUST, THEY'RE BASING ON WHAT WE COULD SEE OUT THERE.
YEAH, IT WAS, IT WAS A TOUGH CALL.
THEY, THEY LOOKED PRETTY SMALL.
WE DO HAVE THE APPLICANT ON NOW.
CAN I GIVE HIM INSTRUCTIONS ABOUT, OKAY.
NAME AND ADDRESS OF THE RECORD.
[01:30:09]
BOULEVARD.MY NAME IS IRAN RAMIREZ AND MY ADDRESS IS 7 46 BRUNSWICK BOULEVARD.
UH, IN REGARDS THE, I, WE, WE DID IT THIS WAY BECAUSE WE SAW THAT THE NEIGHBORS HAD IT THE SAME WAY.
THIS IS THE FIRST HOUSE WE HAVE AND WE DIDN'T KNOW ANYTHING ABOUT PERMITS OR ANYTHING, ANYTHING ABOUT LEGAL.
AND SINCE EVERYBODY HAS THE SAME THING AND THEY DIDN'T HAVE TO GO, EH, THROUGH ANYTHING, ANY PAPERWORK, WE THOUGHT, UH, SAME APPLIED TO US.
UH, NOW WE ARE ALMOST FINISHED AND WE HAVE NO BUDGET TO START OVER.
SO WE ARE HERE BASICALLY TO ASK YOU TO ALLOW US TO LEAVE IT THE WAY IT IS BECAUSE THERE IS NO WAY WE CAN START OVER.
AND WE HAVE CARS, AS YOU KNOW, AND ONCE ONE OF OUR CARS WAS DESTROYED IN THE NEIGHBORHOOD, AND WE WANT TO PREVENT THIS TO HAPPEN AGAIN.
AND IT'S ONE OF THE REASONS WHY FOR SAFETY THAT WE WANT TO PRESERVE THIS.
UH, FIRST, FIRST OF ALL, WE WANT TO APOLOGIZE BECAUSE WE DIDN'T KNOW ABOUT PERMITS OR, UH, MEASUREMENTS OR ANYTHING.
AND WE WANT TO, UH, GET YOU AN ARRANGEMENT WITH YOU AND, UH, HAVE, HAVE THIS FIX AS SOON AS POSSIBLE AND HOPEFULLY TO, UH, WE DON'T HAVE TO, UH, MAKE CHANGES, UH, DRASTIC CHANGES.
UH, AND, UH, BECAUSE WE SAID THE BUDGET IS GONE, UH, WE WERE ASKING AROUND ABOUT, UH, WITH OTHER CONTRACTORS TO SEE IF WE COULD, UM, START OVER AND WE WOULD HAVE TO BASICALLY, UM, SEND THE, UH, SAME AMOUNT THAT WE SENT WHEN WE, UH, FILLED IT FIRST.
SO WE JUST DID WHAT THE OTHER NEIGHBORS DID.
AND, UH, AS I SAID, UM, PLEASE CONSIDER THE,
[01:35:02]
AND, UH, JUST, UH, AN APOLOGY ONCE AGAIN.IT'S, IS, UM, IS, IS THAT THIS IS FOR THE, UH, THE INTERPRETER, IS THAT THE, THE, THE END OF THE PRESENTATION? YES, THAT'S IT, SIR.
UH, IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT OR STAFF? COMMISSIONER? QUESTION IS FOR THE APPLICANT AND ONE OF THE, UM, THINGS THAT WE LOOK AT IS WHETHER WATER DRAINS INTO THE NEIGHBORING PROPERTY.
AND, UM, SO HAS THERE BEEN ANY EXAMPLES OF HIS GUTTER SYSTEM WORKING? UM, BECAUSE IT DOESN'T LOOK LIKE IT'S CAPPED RIGHT NOW, SO IT JUST LOOKS LIKE IT'S DIVERTING.
AND SO I STILL HAVE CONCERNS THAT WATER MAY DRAIN ONTO HIS NEIGHBOR'S PROPERTY.
UH, WE TALKED TO OUR NEIGHBORS, THEY SAID THAT THERE IS NO PROBLEM WITH THAT.
AND WHAT WE DID, UH, WITH THEM WAS, UH, WE, WE COULD AT THE END OF THE GUTTERS SOME PIPE AND, UH, THAT WAS A SOLUTION THAT, UH, WE AGREED ON.
ANY OTHER QUESTIONS? PROOF I MUST, UM, OKAY.
UM, THIS IS FOR THE A SINCE HE'S SAYING.
SO IS THE DRAIN THE WATER DRAINING NOW INTO HIS BACKYARD OR IS IT STILL DRAINING TOWARDS THE FRONT AND THEY CATCH IT? YEAH, WE CATCH THE WATER AND IT GOES TO THE FRONT OF THE PROPERTY TOWARDS THE STREET.
UH, ANY OTHER QUESTIONS? UH, FISHER, MR. FISHER? UH, YES, THIS IS FOR THE PROPERTY OWNER OR, OR STAFF.
UH, THE CASE SUMMARY INDICATES WE, THAT IT'S UNCLEAR WHERE THE PROPERTY LINE IS.
UM, IS THAT, UH, SOMETHING THAT'S GOING TO BE AN ISSUE IN, UH, RESTRUCTURING THE, UM, CARPORT AND IF WE STILL DON'T KNOW EXACTLY WHERE THE PROPERTY LINE IS.
SO MS. FISHER, THE FENCE LINE WASN'T VERY CLEAR, SO WE WENT WITH THE MOST EXTREME CASE OF THE FOUR INCHES.
AND WE UTILIZED THAT, UH, FOR THE MEASUREMENTS.
[01:40:01]
OKAY.I HAVE A QUESTION, UH, STAFF ON THE PICTURE THAT SAYS ONE FOOT FOUR FROM THE WOODEN FENCE.
UH, I'M TRYING TO, IT LOOKS LIKE IT'S ONLY 12, SO THAT FOOT IS ACTUALLY PAST THE CHAIN FENCE.
MEANDERING, I GUESS YOU COULD SAY.
AND THAT'S WHY WE WERE FOUR INCHES.
LAST CHANCE FOR QUESTIONS BEFORE WE, UH, ASK FOR A CLOSING STATEMENT.
ANY, ANY OTHER COMMISSIONERS? HEARING NONE.
SO IF YOU COULD PLEASE TELL THE APPLICANT THAT THEY MAY MAKE A SHORT ONE TO TWO MINUTE CLOSING REMARK BEFORE WE ENTERTAIN A MOTION.
UH, IS THERE A COMMISSIONER WHO WOULD LIKE TO MAKE A MOTION? AND, UH, AND IF YOU'RE INTERESTED IN THE, IN, IN, UH, WHAT IS ON THE, THE TEMPLATE OR SOMEWHERE IN BETWEEN TO, TO WHAT THE STAFF'S RECOMMENDATION STAFF, CAN YOU PLEASE HAVE YOUR RECOMMENDATION UP FOR THE, UH, BENEFIT OF THE COMMISSIONER WHO WOULD LIKE TO MAKE A MOTION? CAN YOU? MM.
WELL, AGAIN, MY APOLOGIES, I NEVER THOUGHT THAT IT WAS GOING TO COME THIS FAR AND I JUST ASK FOR YOUR HELP AND IT WOULD BE THANK YOU FOR YOUR TIME.
UH, STAFF, CAN YOU PLEASE BRING UP THE SHEET THAT SHOWS YOUR ALTERNATE RECOMMENDATION? OKAY.
SO I'M LOOKING FOR A MOTION ON THIS AND I, I JUST WANTED TO HAVE A STAFF ALTERNATE UP IN CASE YOU WANTED TO TO, TO GO THERE, BUT, UM, IF SOMEBODY WOULD LIKE TO MAKE A MOTION ON THIS CASE, UH, THAT'D BE GREAT.
UM, COMMISSIONERS, MAY I ASK YOU THE FAVOR TO STOP IN EACH POINT OF THE MOTION SO I CAN, UH, SAY IT IN SPANISH, PLEASE? SURE.
SO COMMISSIONER AMANA, I GUESS, UH, EVERY SENTENCE OR TWO, IF YOU COULD JUST TAKE A PAUSE, NOT NECESSARILY A SENTENCE, SENTENCE, JUST EVERY POINT, 0.1, TWO, THREE.
I HAVE THE TEMPLATE HERE SO I CAN JUST READ EACH PARAGRAPH, ANY SENTENCE.
AND COMMISSIONER MANNA, JUST, UH, IF YOU MAKE ANY CHANGES FROM THE TEMPLATE, PLEASE, UH, LET IT BE KNOWN SO THAT, THAT THE INTERPRETER CAN MAKE ADJUSTMENTS.
MY PLAN IS TO READ IT AS SUBMITTED.
OH, UH, WITH, UH, WITHOUT, UH, THE ALTERNATIVE.
SO I WILL BE READING IT AS SUBMITTED.
[01:45:01]
OKAY, FANTASTIC.REGARDING CASE NUMBER BO A 2 1 1 0 3 0 0 1 2, I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A FOUR FOOT EIGHT INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE WITH UH, TWO INCH GUTTERS SHOULD BE FOUR INCHES AWAY FROM THE SIDE PROPERTY LINE SITUATED AT 7 4 6 BRUNSWICK BOULEVARD.
APPLICANT BEING, UH, IRAN, UH, RAMIREZ, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE REQUEST TO ALLOW A CARPORT ENCROACHMENT INTO THE SIDE SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST.
AS THE APPLICANT HAS ADEQUATE SPACE FROM THE ADJACENT STRUCTURE.
TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP BY IMPOSING A ENFORCEMENT, THE CARPORT WIDTH WOULD NEED TO BE ADJUSTED TO 11 FEET, WHICH WOULD MINIMIZE SPACE FOR A VEHICLE.
SO THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE INTENT OF THE SETBACK IS TO PROVIDE SPACING BETWEEN NEIGHBORING STRUCTURES, WHICH IS OBSERVED.
THE VARIANCE WILL NOT AUTHORIZE THE OP, THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS BOUGHT IS LOCATED, WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
[01:50:01]
VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.THE REQUEST TO REDUCE A PORTION OF THE SIDE SET BOX 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.
THIS PROPERTY IS LOCATED WITHIN OLDER NEIGHBORHOOD AND THERE ARE MANY NONCONFORMING CARPORTS BUILT, ENCROACHING INTO THE SIDE SETBACK.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON A PROPERTY, AND 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 BOARD FINDS THAT THE, TO THE PROPERTY OWNER IS DUE TO THE CIRCUMSTANCES EXISTING ON A PROPERTY DUE TO THE SHORT WIDTH OF AVAILABLE SPACE FOR THE CARPORT.
NO MOTION WAS IT MICHELLE? YES.
SO I WILL GO AHEAD AND GIVE MY PERSPECTIVE.
UM, I JUST BE, WELL, I NORMALLY PREFER THAT THERE BE AT LEAST A THREE FOOT SETBACK AS I DRIVE DOWN THIS NEIGHBORHOOD AND LOOK AT, UH, THE OTHER HOUSES USING GOOGLE MAPS.
IT APPEARS THAT THE MAJORITY OF THE HOMES HAVE BUILT THEIR CARPORTS ALONG THE PROPERTY LINE, AND SO THIS IS, SEEMS MUCH MORE CONSISTENT WITH THE REST OF THE NEIGHBORHOOD.
UM, UH, I'LL GO AHEAD AND STATE MY COMMENTS.
UM, I'LL ALSO BE VOTING IN FAVOR.
I AGREE WITH COMMISSIONER MANNA, UM, THAT THIS IS IN CHARACTER WITH THE SURROUNDING NEIGHBORHOOD.
IN ADDITION, THEY, UH, THE APPLICANT IS PROVIDING GUTTERS TO MANAGE WATER AND RAIN RUNOFF, SO I WILL BE IN FAVOR.
[01:55:24]
IAN, ARE YOU STILL THERE? YES.IS THERE ANY OTHER COMMISSIONERS WHO WOULD LIKE TO ADD TO THE DISCUSSION? OKAY, HEARING NONE.
UM, I PLEASE TAKE A ROLL CALL.
I DON'T KNOW IF YOU JOINED EARLY ENOUGH OR WILL YOU BE ABSTAINING? YES, I'LL BE OKAY.
MICHELLE? YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCERNED WITH A STAFF RECOMMENDATION.
SIR, DID YOU SAY STAFF RECOMMENDATION OR THE, THE MOTION ON THE TABLE? MOTION ON THE TABLE? PARDON? MS. CRUZ? YES, I CONCUR.
MSA, I CONCUR WITH THE FINDINGS OF MR. I CONCUR WITH THE FINDINGS OF I CONCUR.
MR. YES, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR ORIAN.
I ALSO CONCUR WITH THE FINDINGS TO SIGN.
AND AS I MENTIONED, MS. FRAGMENT IS BACK IN SESSION.
I DON'T KNOW WHAT TIME SHE JOINED, SO I'LL SAY 2 59 INSTRUCTIONS FROM HERE.
[7. 21-2577 BOA-21-10300013]
WE HAVE BO A 21 1 0 3 0 0 0 1 3.THE ADDRESS IS THREE 30 UTAH STREET COUNCIL DISTRICT TWO, THE APPLICANT IS I REQUEST FOR 1,160 SQUARE FOOT LOT SIZE VARIANCE, UH, FROM THE MINIMUM 4,000 SQUARE FOOT REQUIREMENT TO ALLOW LOT TO BE 2,840 SQUARE FEET.
CURRENT ZONING IS R SIX M L O D.
LET ME FINISH THE PRESENTATION.
YES, THE SUBJECT PROPERTY IS LOCATED NEAR THE INTERSECTION OF UTAH STREET AND SOUTH PALMETTO.
THE LOT IS CURRENTLY VACANT AND THE, THE LOT SIZE IS 2,840 SQUARE FEET.
APPLICANT IS REQUESTING THE LOT SIZE VARIANCE IN ORDER TO DEVELOP THE LOT WITH A SINGLE FAMILY DWELLING.
THE MINIMUM LOT SIZE REQUIREMENT IS 4,000 SQUARE FEET AND THE LOT DOES NOT QUALIFY AS A NON-CONFORMING LAW OF RECORD.
YES, HERE'S A COPY OF THE SITE PLAN.
SUBJECT, PROPERTY SURROUNDING AREA
[02:00:08]
STAFF RECOMMENDS APPROVAL AND BO O A 21 1 0 3 0 0 0 1 3 BASED ON THE FOLLOWING FINDINGS.FACT, THE LOT SIZE OF PROPERTY IS THOUSAND EIGHT 40 SQUARE FEET AND SURROUNDED BY SINGLE FAMILY RESIDENTIAL USES.
NOTICES WERE SENT OUT, ONE WAS RECEIVED IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION.
UH, SIR, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
HELLO? UH, MY NAME IS RE UM, I PRESS 1 0 9 2 7.
AND, AND, AND, YEAH, UH, BASICALLY, UH, I, I PURCHASED THIS, UH, PROPERTY ON THREE 30 STREET, UH, WITH THE INTENTION OF BUILDING A RESIDENTIAL HOUSE.
UH, AND, UH, WHILE UH, I HAVE, UH, THE ARCHITECTURAL AND ENGINEERING PLAN, UH, DONE AND, UH, WELL INTENTION OF GETTING THE CITY PERMITS, UH, I REALIZED THAT, UH, THE PROPERTY, THE, UH, SQUARE FOOTAGE, UH, WAS NOT QUALIFIED, UH, BECAUSE HE WAS A, A ZONING RMM FOUR, I NEEDED 4,000, UH, SQUARE FEET AND, AND, AND I DIDN'T, UH, REACH OUT TO THAT.
UH, SO THAT'S WHY I APPLIED, UH, FOR THE VARIANCE IN ORDER TO HAVE, UH, SONY, I THINK IT WAS R M TWO, ORDER TO QUALIFY, UH, AND GET A CERTIFICATE OF THE TERMINATION AND START, UH, THE BUILDING.
UH, SO, UH, I MEAN THERE ARE A LOT OF RESIDENTIAL HOUSES THERE, UH, WITH SMALLER SIZE.
UH, THAT'S WHY I PROCEEDED WITH, UH, WITH THIS APPLICATION.
DOES THAT YOUR, UH, UH, PRESENTATION, SIR? UH, YES.
UM, STAFF, IS THERE ANYTHING TO READ INTO THE RECORD? I KNOW THERE'S ONLY ONE RETURN FROM THE APPLICANT.
THERE'S, THERE'S NO COMMENTARY.
UH, IS THERE ANY COMMISSIONER QUESTIONS? CAR COMMISSIONER CRUZ? UM, I NOTICED ON THE PICTURE THAT Y'ALL HAD OF THE LOT, THERE'S A LOT OF TREES THERE.
WHAT IS HE GONNA DO WITH THE TREES? BECAUSE I'M WONDERING IF THEY'RE GONNA BE IN THE WAY OF THE BUILDING.
UH, YEAH, THERE IS, UH, I, I MEAN, UH, I GOT IN TOUCH WITH, UH, THE THREE, UH, EXPERTS THERE, UH, TO MAKE A, A, A STUDY ON THE ONE THERE, THERE IS A VERDICT TREE THERE.
UH, AND, UH, I, UH, I DON'T REMEMBER WHAT TYPE OF TREE IT WAS, BUT IT WAS NOT PROTECTED AND, AND THE TREE'S ALREADY BEEN DRY.
UH, SO IT CAN BE ALSO A POTENTIAL HAZARD FOR, FOR THE NEIGHBORS, UH, IN THE AREA.
UH, SO AS SOON AS I GET THE PERMIT, UH, TO, TO GET THE, THE, THE TREE DOWN BECAUSE IT WILL BE, UH, UH, UM, UH, INTERFERING WITH THE CONSTRUCTION, UH, I CAN, UH, TEAR IT DOWN, UH, BY A LICENSED, UH, TO REMOVAL SERVICE.
I HAVE A FOLLOW UP QUESTION REGARDING TREE STAFF.
IS IT, UH, CAN YOU PLEASE, UH, STATE FOR THE COMMISSION THAT WHEN A NEW HOME IS CONSTRUCTED, UH, IN SAN ANTONIO CODE REQUIRES THE PLANTING OF TWO TREES? YOU KNOW, THAT IS CORRECT.
IT, IT DOESN'T CLARIFY WHAT TYPE OF TREE, I MEAN, WELL, THERE'S TWO TREES REQUIRED IN GENERAL, SO HE'LL BE REQUIRED TO PLANT.
YEAH, I JUST WANTED TO PUT THAT OUT THERE.
I KNOW THOSE ARE CREW THAT ASKED ABOUT TREES.
SO, UH, ANY OTHER QUESTIONS? MANNA COMMISSIONER MANNA? SO, UM, IT LOOKS LIKE, UH, THE PLAN IS TO HAVE A TWO STORY HOUSE AND CORRECT.
YEAH, I, I DROVE AROUND THE NEIGHBORHOOD VIA GOOGLE.
ARE THERE ANY OTHER TWO STORY HOUSES IN THAT, IN THAT COMMUNITY? UH, YEAH, THERE IS, UH, THERE, UH, ON, ON STREET THERE'S A BIG DEVELOPMENT.
UH, I, I DON'T REMEMBER WHICH THE CONSTRUCTION IT WAS, BUT, UH, THE CONSTRUC, UH, BUT THEY BUILT, UH, I THINK AROUND EIGHT HOUSES IN ONE SINGLE LOT, UH, OF TWO STORY HOUSES.
UH, THERE IS ONE JUST ACROSS THE STREET ALSO FROM, UH, ONE STREET TO ANOTHER ONE.
AND ON PALMETTO, UH, THERE ARE, UH, SOME DEVELOPMENT OF TWO STORY HOUSES, UH, WHICH I THINK ARE BEING ALREADY, UH, DONE
[02:05:01]
AND, UH, AND PUT ON LISTING FOR SELLING.ANY OTHER, ANY, ANY OTHER QUESTIONS? OKAY, I HAVE A QUESTION.
UH, IT LOOKS LIKE, UM, A LOT OF THE LOTS ON THIS, THE STREET ARE ALL WELL BELOW 4,000.
UH, IS, IS THAT SOMETHING THAT YOU FOUND AS WELL? YES, SIR.
IT'S IN THE ORIGINAL 36 SQUARE OF SAN ANTONIO.
SO A LOT OF, AND IS THIS, THE LOTS ARE SUBSTANDARD AND IS THIS AREA TYPICAL FOR A, FOR A THREE FOOT SIDE SETBACKS, WHEREAS THIS DEVELOPMENT WILL HAVE THE FIVE FOOT FOR THE SITE PLAN, CORRECT? IT WILL, YES.
AND THANK YOU, UH, SEEING, HEARING NOTHING ELSE, UH, FOR THE APPLICANT.
IF YOU'D LIKE TO TAKE A MINUTE OR TWO OR, AND MAKE A CLOSING REMARK BEFORE WE OPEN THIS UP FOR A MOTION, THAT'D BE YOUR CHOICE.
UH, WOULD YOU LIKE, SIR, WOULD YOU LIKE TO, TO STATE ANYTHING OR SHOULD WE JUST HAVE A MOTION MADE ON THIS? UH, YEAH, I MEAN, UM, UH, I'M, I'M OKAY.
YOU, YOU GUYS CAN TAKE IT FROM HERE.
UH, ANY COMMISSIONER LIKE TO MAKE A MOTION ON THIS CASE? THI UH, COMMISSIONER THI REGARDING CASE NUMBER BO O A DASH 21 DASH 0 3 0 0 1 3.
I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A 1,160 SQUARE FOOT LOT SIZE VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT REQUIREMENT TO ALLOW A LOT TO BE 2,840 SQUARE FEET, SITUATED AT 3 3 0 UTAH STREET APPLICANT BEING ADOLFO MIRE.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT NUMBER ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF, OF THE PUBLIC.
IN THIS CASE, THE VARIANCE BEING REQUESTED IS FOR THE LOT SIZE OF THE PROPERTY IN ORDER TO BE DEVELOPED WITH A SINGLE FAMILY HOME.
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 IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP BY IMPOSING A LITERAL ENFORCEMENT, THE PROPERTY OWNER WOULD NEED TO APPLY TO REZONE THE PROPERTY AND HAVE IT PLATTED.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE AND RATHER THAN THE EXACT LETTER OF THE LAW, THE SUBJECT PROPERTY IS IN AN OLDER DEVELOPED COMMUNITY.
SO MANY OF THE LOTS ARE NON-CONFORMING AND DO NOT MEET THE MINIMUM LOT SIZE OR THE VARIANCE WILL NOT AUTHORIZE AN OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE, THE VARIANCE IS SOUGHT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
SUCH A VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUEST TO ALLOW A 2,840 SQUARE FOOT LOT 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 BOARD FINDS MANY OF THE LOTS IN THE SURROUNDING AREA ARE UNDER THE MINIMUM LOT SIZE AND DEVELOPED WITH SINGLE FAMILY DWELLINGS.
THE NUMBER SIX, THE PLIGHT TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE ASAD IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY 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 BOARD FINDS UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL.
THE LOT IS CURRENTLY VACANT AND DOES NOT MEET THE MINIMUM LOT STANDARDS OF THE CODE.
WE HAVE A MOTION BY COMMISSIONER THIEL, SECOND BY COMMISSIONER BRAGMAN.
UH, COMMISSIONER THIEL, PLEASE LEAVE THE DISCUSSION.
UH, WE, WE'VE, UH, UM, ADDRESSED SEVERAL OF THESE ACTUALLY IN THE SAME NEIGHBORHOOD, THAT KIND OF DENVER HEIGHTS, UH, NEAR EAST SIDE AREA.
UH, YOU KNOW, ANYTIME I THINK THAT WE CAN RE MONETIZE THE TAX BASE IN AN AREA AND HAVE A INFILL OF DEVELOPMENT AND HAVE A NEW FAMILY MOVE IN CLOSE TO DOWNTOWN, UH, OR SURROUNDING AREAS, UH, I'M GENERALLY IN SUPPORT OF IT.
I THINK THAT THIS, UH, THE APPLICANT IS, YOU KNOW, INCREASING THE, THE, THE STANDARD SETBACK, WHICH OVER THE AREA IS DEFINITELY MUCH CLOSER TO THREE FEET AND IN MANY CASES THERE'S, THERE'S ALMOST ZERO LOT LINE IN THAT AREA.
UM, SO I WILL BE IN SUPPORT, UH, WITH THE MOTION AS READ.
COMMISSIONER BECK? UM, I CONCUR WITH, UH, MY COLLEAGUE.
UH, WE NEED TO THINK OUTSIDE THE BOX AND I'M PLEASED TO SEE, UM, THAT WE'RE MAKING USE OF SUBSTANDARD LOTS.
WE'RE FACING A HOUSING CRISIS IN SAN ANTONIO AND WE NEED TO BE, UH,
[02:10:01]
CONSIDERATE OF, UH, OTHER OPTIONS AVAILABLE.SO I'M REALLY PLEASED TO SEE, UH, THE APPLICANT IS, UH, PURSUING THAT.
SO I WILL BE IN SUPPORT OF THIS MOTION AS WELL.
ANY OTHER COMMISSIONERS LIKE TO ADD, ADD A STATEMENT? HEARING NONE.
UH, STAFF PLEASE TAKE A ROLL CALL.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT, MS. FISHER.
YES, 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.
UH, MOTION PASSES, UH, UNANIMOUSLY.
UM, IS THERE ANY COMMISSIONERS THAT NEED A SHORT BREAK OR CAN WE PRESS ONT? I'D LIKE TO, I NEED A BREAK.
WHAT DO YOU, WHAT DO Y'ALL LIKE? FIVE IS FINE.
UH, PLEASE BE BACK AT, UH, WE'LL SAY THREE 19, ROUND UP A LITTLE BIT.
[8. 21-2578 BOA-21-10300017]
EIGHT IS THE NEXT CASE.ITEM NUMBER EIGHT D O A 21 1 0 3 0 0 0 1 7 LOCATED AT 14 0 2 2 SUSAN CREST DRIVE COUNCIL DISTRICT NINE.
IT'S REQUEST FOR VARIANCE FROM THE MAXIMUM ACCESSORY DETACHED DWELL UNIT LIMIT OF 800 SQUARE FEET TO ALLOW AN ACCESSORY DETACHED DWELL UNIT TO BE 1040 SQUARE FEET.
CURRENT ZONING IS R FIVE A H O D.
THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF SUSAN CREST DRIVE AND FERNWOOD STREET.
THE REAR OF THE SUBJECT PROPERTY IS FACING A PRIVATELY OWNED AIRSTRIP.
MANY OF THE PROPERTIES FACING THE THE STRIP HAVE PRIVATE HANGERS IN THEIR BACKYARD TO DIRECT, UH, DIRECTLY ACCESS THE AIRSTRIP.
THE APPLICANT IS REQUESTING THE VARIANCE OF THE, THE 800 SQUARE FOOT MAXIMUM ALLOWANCE FOR ACCESSORY DETACHED DWELLING UNIT.
IN ORDER TO PERMIT A SECOND FLOOR A D D U TO BE FOUR 1004 SQUARE FEET.
THE MAXIMUM ALLOWANCE FOR AN ACCESSORY STRUCTURE IN TOTAL IS 2,500 SQUARE FEET, AND THE APPLICANT CONFIRMED THEY WILL NOT BE EXCEEDING THIS MAXIMUM.
HERE'S A COPY OF THE SITE PLAN SUBJECT PROPERTY REAR YARD, WHERE THE A D D U WILL BE GOING SURROUNDING AREA THE AIRSTRIP BEHIND THEM.
STAFF RECOMMENDS APPROVAL AND D O A 21 1 0 3 0 0 0 1 7 BASED ON THE FOLLOWING FINDINGS OF FACT, THE ACCESSORY DETACHED DWELL UNIT WILL BE 1040 SQUARE FEET, AND THERE ARE OTHER ACCESSORY STRUCTURES OF SIMILAR STRUCTURE OR STATURE IN THE SURROUNDING AREA.
TOTAL FLOOR AREA OF THE ACCESSORY STRUCTURES WILL NOT EXCEED 2,500 SQUARE FEET.
UH, THREE WERE RECEIVED IN FAVOR, ONE IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE CANYON PARK, H O A NEIGHBORHOOD ASSOCIATION.
WE DO HAVE, UM, MR. MACY ON THE LINE.
MR. MACY, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
HELLO, MY NAME IS, UH, MICHAEL ROBERT MACY.
I LIVE AT 1 4 0 2 2, SUSAN CREST, 7 8 2 3 2.
AND I'M PROPOSING TO, UH, BUILD AN ACCESSORY STRUCTURE.
ACTUALLY, THE LOWER FLOOR, UH, WOULD BE, UM, AIRCRAFT STORAGE WITH AN ATTACHED GARAGE, UH, AN AIR CONDITIONED SPACE.
AND THEN, UH, THE UPPER FLOOR I'M REQUESTING IS, UH, AS STATED, IT'S, UH, GONNA BE, UH, A 1040 SQUARE FOOT APARTMENT.
UM, I GUESS REALLY THAT'S ALL I'VE GOT TO, UH, SAY ABOUT IT.
UM, OTHER THAN I'M JUST, UH, REQUESTING THE ADDITIONAL SQUARE FOOTAGE OVER AND ABOVE THE 800 MAXIMUM ALLOWED BY THE ZONING.
[02:15:01]
THANK YOU.AND THAT'S ALL, UH, I HAVE AT THIS POINT.
IS THERE, UH, I SAW, UM, ANYTHING TO READ INTO THE RECORD? YES, SIR.
WE DO HAVE ONE VOICEMAIL FROM THE NEIGHBOR, UM, FROM, LEMME SEE IF I CAN MISS MRS. ASH AND THEN A LETTER TO BE READ IN THE RECORD FROM MR. ASH.
BOTH OF THE SAME NEIGHBOR, SO I'LL READ THE RECORD FIRST.
UH, PLEASE SEE ATTACHED BO RESPONSE FROM REGARDING THIS CASE.
UH, THE, THE OWNER OF ADJACENT PROPERTY AT 14 0 1 8 SOOTHING CREST OPPOSED THE VARIANCE REQUEST.
THEY DID, UH, BRING IN SUPPORTING DOCUMENTATION.
SHE ATTACHED SUPPORTING INFORMATION AS WELL FROM INFORMATION OBTAINED BY MY HUSBAND, DAVID ASH, WHO MET WITH OWNER AT 14 0 2 2 WITH A REQUESTING THIS VARIANCE WHO SHARED HIS PROPOSED PLANS.
UH, FOR THIS DWELLING ADDITION, MY HUSBAND PREPARED AN AND INCLUDED A ROUGH RENDERING OF THIS PROPOSED DWELLING NEXT DOOR, ALONG WITH OTHER PHOTOS OF RESIDENCES IN QUESTION 14 0 1 8.
SUSAN CREST IS AN INVESTMENT PROPERTY OF WHICH WE RENT AND FEEL THIS TYPE OF VARIANCE REQUEST WILL IMPACT THE FUTURE VALUATION AND RENTABILITY OF OUR, OF OUR PROPERTY.
I PERSONALLY RESIDE AT THREE 50 EAST SUSAN CREST OR SUNSET ROAD IN SAN ANTONIO.
THIS IS AN OPPOSITION AND THEY PROVIDED SOME RENDERINGS THAT THEY CREATED AND WHAT IT WOULD APPEAR LIKE FOR THEM.
AND ULTIMATELY, WE'VE GOT ONE VOICEMAIL FROM THE, THE NEIGHBOR AS WELL.
PLEASE, PLEASE, UH, PLEASE PLAY IT.
WE DO HAVE SOME IN FAVOR AS YOU CAN SEE THERE.
THIS ONE IS FROM MS. FOWLER IN LIVES ROAD SIX 30 HEIMER ROAD.
THERE'S ANOTHER IN FAVOR FROM RICHARD GUZMAN AT 14 0 1 9.
I'M IN FAVOR OF, UH, GRANTING THIS REQUEST FOR VARIANCE.
I DON'T FEEL WILL, UH, IMPINGING ON ANY OTHER PROPERTY, UH, OWNER'S RIGHTS AND THE STATE.
UH, HERE'S ANOTHER IN FAVOR, BILL PEARSON.
I'M IN FAVOR OF ALLOWING THIS REQUEST.
UH, THIS BUILDING WILL LIKELY NOT EVEN BE NOTICED AS IT WILL BE LOCATED BEHIND THE EXISTING HOUSE.
UH, NEXT DOOR OWNER, PLEASE APPROVE THE REQUEST.
AND THIS IS WILLIAM, UH, PEARSON AT 14 1 0 2.
OH, WE DO HAVE ONE FROM INGRAM HILLS.
UH, THAT'S IT FOR THOSE, AND THEN WE HAVE THE VOICEMAIL.
MY NAME IS CYNTHIA ASH, OWNER OF SINGLE FAMILY RESIDENCE AT 1 4 0 1 8, SUSAN KREST, SAN ANTONIO, TEXAS.
THIS MESSAGE IS IN RESPONSE TO BOARD OF ADJUSTMENT PUBLIC HEARING CASE NUMBER C OH A 21 1 0 3 0 0 1 7.
AS A DIRECT NEIGHBOR TO 14 2 2, SUSAN CREST, I TOTALLY OBJECT TO THE REQUESTED VARIANCE.
THE OWNER OF 14 0 2 2 SUSAN CREST CONVEYED TO MY HUSBAND DAVID ASH ON FRIDAY, APRIL 2ND.
HIS PROPOSED PLANS FOR THE SAID DETACHED DWELLING IS MUCH MORE THAN JUST AN ADDITIONAL 240 SQUARE FEET OF DWELLING.
IN FACT, THE OWNER OF 14 0 2 2 IS PROPOSING TO BUILD A TWO STORY DETACHED DWELLING CONSISTING OF A FIRST FLOOR 1,280 SQUARE FOOT ENCLOSED AIRPLANE HANGAR WITH AN ATTACHED 400 SQUARE FOOT GARAGE AND A 1040
[02:20:02]
SQUARE FOOT SECOND FLOOR APARTMENT ABOVE THE HANGAR WITHIN AN APPROXIMATE HEIGHT OF AROUND 23 FEET, ALL FIVE FEET FROM OUR SIDE YARD PROPERTY LINE, AND A TOTAL STRUCTURE OF AROUND 2,740 SQUARE FEET.THIS WILL TOTALLY BLOCK THE SOUTHWEST SUNSET VIEWS AND OVERSHADOW OUR LANDSCAPE REAR YARD.
FURTHERMORE, MY OPINION, THIS TYPE OF LARGE MASSING WILL FOREVER DIMINISH THE VALUE OF MY PROPERTY.
I'M REQUESTING THE BOARD TO REVIEW THE ROUGH RENDERING WE PREPARED THAT REPRESENTS WHAT OUR NEIGHBORS REALLY PROPOSING TO BUILD.
I'M ALSO REQUESTING THAT THE BOARD REQUESTS TO REVIEW THE PLANS PROPOSED BY OUR NEIGHBOR BEFORE CONSIDERING THIS VARIANCE OR FUTURE BUILD.
PLEASE FEEL FREE TO CALL ME IF YOU HAVE ANY QUESTIONS AT AREA CODE 2 1 0 2 4 0 8 4 2 5.
UH, DO WE HAVE ANY COMMISSIONER QUESTIONS? SHELL, COMMISSIONER SHELL, UM, YEAH, I HAD A COUPLE OF QUESTIONS.
I WAS JUST LOOKING AT THE SITE PLAN, UM, AND THE ACCESSORY STRUCTURE IS PRETTY BIG.
UM, UH, I GUESS, UH, I HAVE A QUESTION FIRST FOR THE APPLICANT.
UM, IS THIS GOING TO INCLUDE A HANGAR AND A GARAGE AS WELL AS THE A D D U? YES, THAT'S CORRECT.
UM, AND LOOKING AT YOUR SITE PLAN AND THE PHOTOS, IT LOOKS LIKE YOU ALREADY HAVE A GARAGE FACING THE STREET, RIGHT? IS THAT CORRECT? IT'S A GARAGE ATTACHED TO THE EXISTING STRUCTURE, YES, MA'AM.
UM, AND THEN I JUST WANTED TO OH, GO AHEAD.
WELL, I WAS GONNA SAY THE, UH, UH, THE PURPOSE OF THE, UH, ADDITIONAL GARAGE IS THE AIRPLANE HANGER CEILING HEIGHT WILL BE 12 FEET.
UH, AND SO WILL THE GARAGE, AND THAT WOULD ALLOW ME TO PUT, UH, A LIFT IN THERE SO I COULD WORK ON CARS.
NOT, NOT FOR, NOT FOR INCOME, JUST FOR AS A OKAY.
UM, STAFF, I JUST WANTED TO GET A CLARIFICATION.
UM, THE A D D U SQUARE FOOTAGE ONLY APPLIES TO THE SECOND STORY, IS THAT CORRECT? THAT IS CORRECT.
SO THERE'S CALCULATIONS THAT WE WOULD CONSIDER WITH THE A D D U.
ANY OTHER COMMISSIONER QUESTIONS? O ZUNA, COMMISSIONER UNA, WHAT WITHIN THE, WITHIN THE ZONING DISTRICT, WHAT WOULD BE THE HEIGHT LIMITATION THAT OTHERWISE WOULD BE ALLOWED, WHETHER OR NOT IT WAS AN A D D U OR JUST A SINGLE FAMILY RESIDENCE? SO THEY'RE ALLOWED 35 FEET IN HEIGHT, OR TWO AND A HALF STORIES, THAT'S ACROSS THE BOARD IN THAT ZONING DISTRICT.
AND THEY COULD BUILD THAT UP TO THE FIVE FOOT BUILDING LINE OR WHEREVER.
WHERE THEY COULD POSITION THAT.
BRAGMAN, UH, COMMISSIONER BRAGMAN, UH, FOR THE APPLICANT, UH, WHAT IS THE USE GONNA BE OF THE APARTMENT ABOVE THE HANGAR? IS IT GOING TO BE RENTAL PROPERTY OR PERSONAL USE? I, MR. MACY, I'M SORRY, I HAD YOU MUTED.
UM, I HAVE, UH, UH, SEVERAL GRANDCHILDREN GROWING UP.
UH, THEY'RE, THEY'RE YOUNG NOW, AND I THINK PERHAPS IN THE FUTURE, YOU KNOW, ONE MAY WANT TO COME DOWN HERE AND LIVE OR, UM, IT'S JUST, I THINK THE ORIGINAL IDEA WAS IF I HAD THE STRUCTURE OUT THERE, IF I HAD AN LIVING AREA ON TOP, IT WOULD JUST BE, UH, MORE OF A CONVENIENCE AS FAR AS, UH, COMPANY IS CONCERNED.
ANY OTHER QUESTION? UH, COMMISSIONER QUESTIONS? OKAY.
SO I HAVE A, A, A, A COUPLE QUESTIONS FOR STAFF.
I KNOW YOU HAD MENTIONED THAT THE MAX HEIGHT IS 35 FEET, BUT THIS BEING, UH, NEXT TO AN AIRPORT, IS THERE ANY SORT OF AIRPORT, UH, ISSUES THAT, THAT WE NEED TO BE AWARE OF? NO, SIR.
YEAH, THERE'S OTHER STRUCTURES ALONG THIS THAT ARE VERY SIMILAR.
AND THEN, UH, THERE WAS, IT WAS STATED IN THE PRESENTATION THAT THE, UH, MAX ALLOWED, UH, ACCESSORY WAS, I THINK YOU SAID 2,500
[02:25:01]
SQUARE FEET.DOES THE GARAGE AND THE HANGAR COUNT WITH THE 10 40 TOWARDS THAT MAX 2,500 OR ANY OF THOSE? THAT'S CORRECT.
SO THE WAY IT WORKS WE'RE, YEAH, IN THE DEFINITION IT TALKS ABOUT, UM, HORIZONTAL AREA, SO WE WOULD CALCULATE EVERYTHING MINUS THE STAIRWELL, MINUS THE PATIO.
UM, SO THERE WERE SOME ISSUES WHERE THE APPLICANT IS TWEAKING HIS, UM, HIS SITE PLAN TO MEET THAT 2,500.
BECAUSE THEY, ACCORDING TO BCAT, HIS, HIS EXISTING LIVING AREA EXCLUSIVE OF THE GARAGE AND PORCHES IS 1656.
AND SO, UM, IT SEEMS, IT JUST SEEMS LIKE, UH, HE'S A, HE'S WITHIN ALL THE SETBACKS, SO.
UM, THAT, THAT CONCLUDES MY LINE OF QUESTIONING.
IF THERE'S, IF THERE'S NOTHING ELSE I'D LIKE TO EXTEND TO THE APPLICANT A, UH, ONE TO ONE TO TWO MINUTE OPPORTUNITY TO PROVIDE ANY CLOSING REMARKS BEFORE WE ASK FOR A MOTION.
SHALL I ACTUALLY HAVE ANOTHER QUESTION, MR. SHELL? SORRY.
UM, I JUST WANNA MAKE SURE ON THAT 2,500 SQUARE FOOT MAXIMUM, UH, ON THE SITE PLAN, IT'S, IT'S INDICATING, UH, 29 20 SQUARE FEET? YES.
WE'RE ACTUALLY LOOKING AT THAT WITH THE APPLICANT.
UH, THE PATIO IS NOT CALCULATED.
UH, THEY HAVEN'T CALCULATED WITHIN THEIR SQUARE FOOTAGE.
THEN THE OVERALL CALCULATIONS FOR US, WE DON'T CALCULATE, UH, PATIO AREA, UM, AS WELL AS THE SQUARE FOOTAGE OF THE, UM, OH, AGAIN, HAVING TO BRING, YEAH, IT'S, I'M FRIED.
UM, THE STAIRWELL, THE STAIRWELL IS GONNA BE DEDUCTED FROM THAT.
SO THE APPLICANT WITH HIS TEAM WILL ACTUALLY WORK WITH THE CALCULATIONS TO ENSURE THAT THEY DO MEET THE 2,500 SQUARE FEET AS PER CODE.
WHAT ABOUT THE EXISTING GARAGE? DOESN'T THAT COUNT AS PART OF THE ACCESSORY MAXIMUM SQUARE FOOTAGE? NO, MA'AM.
ANYTHING ATTACHED TO THE HOME IS JUST, YEAH.
SO ANYTHING DETACHED IS PART OF THE 2,500.
ANY, ANY OTHER QUESTIONS? ALL RIGHT.
UH, SO MR. MACY, YOU HAVE, UH, UP TO TWO MINUTES TO PROVIDE ANY SORT OF CLOSING REMARKS, UH, BEFORE WE MOVE ON TO, UH, ASKING FOR A MOTION.
JUST, UH, THANK YOU FOR TAKING THE TIME TO REVIEW THIS CASE.
UH, WHO WOULD LIKE TO MAKE A MOTION ON THIS CASE? BRAMAN COMMISSIONER BRAMAN.
REGARDING CASE NUMBER BO O A DASH 21 DASH 1 0 3 0 0 0 1 7.
A MOVE TO THE BOARD OF ADJUSTMENT GRANDER REQUEST FOR A 240 FOOT SQUARE SQUARE FOOT VARIANCE FROM THE MAXIMUM ACCESSORY DETACHED DWELLING UNIT LIMIT OF 800 SQUARE FEET TO ALLOW AN ACCESSORY DETACHED DWELLING UNIT TO BE 1040 SQUARE FEET SITUATED AT 1 4 0 2 2 SUSAN CREST DRIVE, APPLICANT BEING MICHAEL ROBERT MACY, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTERISTIC OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC.
THE REQUEST IS FOR AN ACCESSORY DETACHED DWELLING UNIT WITH A SQUARE FOOTAGE TO EXCEED 800 SQUARE FEET MAXIMUM AS IT IS BEING PROPOSED TO BE BUILT ON THE SECOND FLOOR.
THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THERE ARE OTHER STRUCTURES IN THE AREA THAT ARE OF SIMILAR SIZE.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN UNNECESSARY HARDSHIP BY IMPOSING A LITERAL ENFORCEMENT OF THE CODE, THE ACCESSORY DWELLING WOULD BE LIMITED TO 800 SQUARE FEET.
THE GROUND FLOOR AREA DOES NOT EXCEED THE 50% LIMITATION, 50% LIMITATION OF THE REAR AND THREE, BUT GRANTING THE VARIANCE, THE SPIRITS WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE PROPOSED STRUCTURE APPEARS TO OBSERVE THE SPIRIT OF THE ORDINANCE AS IT DOES NOT EXCEED 50% OF THE REAR AND SIDE YARD AND HAS SQUARE FOOTAGE UNDER 40% OF THE TOTAL FLOOR AREA OF THE PRIMARY STRUCTURE.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT 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.
[02:30:01]
TO INCREASE THE SQUARE FOOTAGE OF THE A D D U DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTERISTIC 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 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 BOARD FINDS THAT WITHIN THE LOCATION AND SIZE OF THE SUBJECT PROPERTY, IT APPEARS THE PLIGHT OF THE UN ROAD PROPERTY IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND ARE NOT NEAR NEARLY FINANCIAL IN NA NATURE.
END OF MOTION, WHO'S THAT? CRUZ.
COMMISSIONER BRAGMAN, PLEASE LEAD THE DISCUSSION.
I'M GONNA BE IN SUPPORT OF THIS MOTION.
UM, AS WE SPOKE EARLIER, AND YOU CAN SEE BY, UH, AERIAL VIEWS OF THE AREA, THERE ARE QUITE A NUMBER OF HANGERS AND ADDITIONAL, UM, DWELLING UNITS IN THE AREA.
THERE ARE CERTAINLY A NUMBER OF TWO STORY HOMES THAT ARE AT THE HEIGHT, UH, OF THIS PROPOSED, UH, DWELLING UNIT.
SO I DON'T THINK IT'S GONNA BE OUT OF CHARACTER OF CHARACTER OF THE NEIGHBORHOOD.
SO I'M GONNA BE IN SUPPORT OF THE MOTION.
UM, I CONCUR WITH MS. BECKMAN.
I THINK IT'D BE A GREAT ADDITION TO THE AREA AND I COMMEND THE OWNER FOR ASKING FOR PERMISSION FIRST BEFORE BUILDING, SO IT'S GONNA BE EVEN BETTER.
UH, ANY OTHER COMMISSIONERS LIKE TO ADD ANY REMARKS OR STATEMENTS? OH, ZUNA.
SO I WAS CONCERNED ABOUT, YOU KNOW, THE NEIGHBORING WAS OPPOSING BASED ON THE HEIGHT OF, OF THE PROPOSED IMPROVEMENT, BUT THE FACT IS, YOU KNOW, WITHIN THE, WITHIN THE ZONING SYSTEM, THEY COULD BUILD UP TO 35 FEET AND THAT BUILDING COULD BE LOCATED WHEREVER ON THE PROPERTY LINE AS LONG AS THEY'RE, UH, SET OFF FIVE FEET.
SO, YOU KNOW, IT'S, IT'S, IT'S KIND OF A TOUGH ISSUE, BUT, BUT THE, THE NEIGHBORING PROPERTY HAS PROPERTY RIGHTS TOO THAT NEED TO BE RESPECTED AND OBSERVED, SO THEREFORE I AM SUPPORTING THE MOTION.
UH, ANY OTHER COMMISSIONERS? ALL RIGHT.
STAFF, PLEASE TAKE A ROLL CALL.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MS. RAGMAN, 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 ALSO CONCUR WITH THE FINDINGS OF PAT FACT.
[9. 21-2547 21-10300010]
IS AT IS BOA 21 1 0 3 0 0 0 1 0.ADDRESS AT 4 49 0 6 BABSON COUNCIL, DISTRICT EIGHT.
IT'S REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A BACKYARD FENCE AND SIDE YARD FENCE TO BE EIGHT FEET TALL.
CURRENT ZONING IS R SIX M L L D.
SUBJECT PROPERTY IS LOCATED IN, UH, NORTHWEST SAN ANTONIO AT 40 0 6 BABSON WITHIN A SINGLE FAMILY SUBDIVISION.
THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION TO ALLOW A FENCE ALONG THE SIDE AND BACKYARD PROPERTY TO BE EIGHT FEET TALL.
WITH THE TOP TWO BEING LATTICE, THERE IS A CHANGE OF ELEVATION IN THE REAR YARD AS WELL.
HERE'S, UH, THE SUBJECT PROPERTY ITSELF.
AS YOU CAN SEE, THE FENCING IS ALONG THE SIDE THERE.
AND PUSH BACK REAR YARD SUBJECT SURROUNDING AREA.
[02:35:02]
STAFF RECOMMENDS APPROVAL AND B Y 21 1 0 3 0 0 1 0 BASED ON THE FOLLOWING FINDINGS OF EFFECT.THE FENCE WILL BE CONSTRUCTED ON THE BACKEND INSIDE PROPERTY LINES, AND THE ADDITIONAL HEIGHT WILL PROMOTE THE HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY.
NOTICES WERE SENT OUT TO IN FAVOR, ZERO IN OPPOSITION, AND THERE IS NO NEIGHBORHOOD ASSOCIATION.
WE DO HAVE THE APPLICANT ON LINE.
WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
UH, THERE'S, I MEAN, I, I'M, THE, THE HOUSE BEHIND IT IS QUITE A BIT HIGHER WHERE IT LOOKS INTO THEIR HOUSE AND YOU CAN'T SEE, LIKE FROM THE ROAD, WE REALLY WON'T BE ABLE TO SEE THE LATTICE AROUND THE PROPERTY OTHER THAN THE FRONT TWO SIDE.
DID YOU HAVE ANYTHING ELSE TO SAY, MR? NO, THAT'S IT.
IS THERE ANYTHING TO READ INTO THE, UH, PUBLIC COMMENTARY TO READ IN? YES, SIR.
WE HAVE TWO, UH, LETTERS IN SUPPORT.
UH, THE FIRST ONE IS FROM, UH, WALT WILLIAMSON AT 14 0 2 6 SYRACUSE.
IN REGARDS TO THIS LETTER I RECEIVED FROM THE CONCERN OF THE ABOVE CASE, I'M OKAY WITH MY NEIGHBOR WANTING TO INSTALL AN EIGHT FOOT HIGH FENCE IN THE, THE PROPERTY ON THEIR PROPERTY AT 49 0 6 BABSON.
I THINK IT'S AN EXCELLENT IDEA.
THE NEXT ONE IS FROM, UH, JIM NEVILLE, 49 0 7, UH, BABSON.
IT'S, IT SIMPLY STATES THAT THEY'RE IN FAVOR.
UH, SO IS THERE, UM, ANY COMMISSIONER QUESTIONS? MENCHACA? COMMISSIONER MANCHACA? JUST A CLARIFICATION.
UH, IS THERE AN ISSUE BEHIND THE HOUSE OR, OR THE FENCE THAT CAUSES SOME SORT OF A, A DISCOMFORT OR, OR, OR BESIDES THE VIEWING DANGER OR SOMETHING LIKE THAT? NO.
IT'S IN THE MIDDLE OF THE STREET AND THERE'S, UH, ONE HOUSE BEHIND IT AND THEY GREW A BUNCH OF BAMBOO THERE NOW, AND, UH, WHICH IS SEMI BLOCKED IN THE VIEW, BUT THE BAMBOO'S KIND OF DYING AWAY.
SO, UH, THAT'S, I SAID, THE OTHER NEIGHBORS IN IN FAVOR OF IT, THEY'RE BOTH IN FAVOR OF, UH, PUTTING THE LATTICE UP.
I WASN'T SURE WHAT THAT BAMBOO WAS THAT, UH, VERY PROLIFIC.
ANY OTHER COMMISSIONER QUESTIONS? OKAY, I HAVE A QUESTION.
UM, THIS, THE REQUEST IS FOR AN EIGHT FOOT TALL FENCE, BUT I KEEP HEARING LATTICE, IT'S, IS THERE ANY PORTION OF THE REAR INSIDE TO BE, UH, FULL FENCING OR IS IT ALL GONNA BE LATTICE? NO, NO, NO.
IT'S GONNA BE A SIX FOOT PRIVACY FENCE WITH A TWO FOOT LATTICE ON TOP.
I JUST WANTED TO MAKE SURE IF ANYBODY, UH, WHOEVER READS THE MOTION IS, IS AWARE OF WHAT THE, UH, REQUEST IS, UH, IS, IS, UH, WE ALSO HEARD TESTIMONY THAT THERE WAS AN ELEVATION DROP BETWEEN THE PROPERTIES.
CAN YOU ESTIMATE, UH, MR. MCKAY WHAT THE, WHAT YOU THINK THE DIFFERENCE IN, IN LIKE GRADE IS BETWEEN THE HOMES? IS IT MORE THAN FOUR FEET? LESS THAN FOUR FEET? IT'S PROBABLY RIGHT AT FOUR FEET.
UH, IF THERE'S NO OTHER COMMISSIONER QUESTIONS, ALL RIGHT.
UH, MR. MCKAY, YOU CAN HAVE, UH, TAKE UP THE TWO MINUTES TO REPLY, UH, TO PROVIDE A CLOSING STATEMENT OR REMARK BEFORE WE OPEN THIS UP TO A MOTION IF YOU SO DESIRE.
UH, A ANY COMMISSIONER LIKE TO MAKE A MOTION ON THIS CASE? ZUNA COMMISSIONER ZUNA REGARDING CASE NUMBER BO A DASH 21 DASH ZERO THREE.
I MOVED AT THE BOARD OF ADJUSTMENTS GRANT ONE, A SPECIAL, A SPECIAL EXCEPTION TO ALLOW A SIDE AND BACKYARD FENCE TO BE, UH, SIX FOOT TALL OF THE FENCING WITH THE TWO FOOT LATTICE ON TOP, SITUATED AT 4 9 0 6 BABSON, APPLICANT BEING DAVID MCKAY.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE 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 A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
THE U D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR OFFENSE HEIGHT MODIFICATION.
THE ADDITIONAL, THE LATTICE HEIGHT OF TWO FEET IS INTENDED TO PROVIDE PRIVACY OF THE APPLICANT'S PROPERTY.
IF GRANTED, THIS REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE OF B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY
[02:40:01]
SERVED IN THIS CASE.UH, THESE CRITERIA REPRESENTED BY FENCE HEIGHT TO BE, UH, TO PROTECT, UH, RESIDENT PROPERTY OWNERS WHILE STILL PRO PROMOTING A SENSE OF COMMUNITY, A SIX FOOT FENCE WITH A TWO FOOT LATTICE ALONG THE BACK AND SIDE PROPERTY LINES WILL PROVIDE ADDITIONAL PRIVACY AND SECURITY FOR THE APPLICANT'S PROPERTY AND WILL NOT BE CONTRARY TO THE PUBLIC INTEREST FEE.
THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
UH, DEFENSE WILL CREATE, ENHANCE SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY AND IS UNLIKELY TO INJURE ADJACENT PROPERTIES.
THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THIS DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE ADDITIONAL HEIGHT FOR THE SECTION, SECTION ASIDE AND BACKYARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND WILL PROVIDE SECURITY OF THE DISTRICT.
SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS FOR ESTABLISHED FOR THE SPECIAL FOR THE SPECIFIC DISTRICT.
THE CURRENT ZONING PER PERMITS, THE CURRENT USE OF A SINGLE FAMILY HOME, THE REQUEST OF SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT.
UH, COMMISSIONER ZUNA, PLEASE LEAVE THE DISCUSSION RIGHT.
I'M GONNA SUPPORT THE SPECIAL EXCEPTION, UH, GIVEN THAT, YOU KNOW, THE, THE DEFENSE REQUEST IS FOR SIX FOOT WITH THE TWO FOOT LATTICE ON TOP.
I THINK IT PROVIDES SOME, UH, YOU KNOW, UH, VISUAL OF VISUALLY BE APPEALING TO THE FENCE.
ADDITIONALLY, WE HAVE AN ELEVATION DROP, WHICH WAS A, A MITIGATING, UM, CIRCUMSTANCE TO, UH, REQUEST AND APPROVE AND SUPPORT THE VARIANCE WITH THE FOREFOOT ELEVATION DROP BETWEEN THE PROPERTY OWNERS.
AND OF COURSE, WE HAVE, UH, YOU KNOW, CONSENT FOR THE NEIGHBORS AND, AND, AND NO OPPOSITION, UH, FROM THE ASSOCIATION.
SO THEREFORE, I'M SUPPORTING THE MOTION.
COMMISSIONER THI UH, I'M IN AGREEMENT WITH MY COLLEAGUE, UH, FOR SAME REASON STATED.
UM, I ALSO KNOW THAT, UH, BAMBOO COULD BE QUITE INVASIVE AND A BIT OF AN EYESORE, SO, UH, TRYING TO BREAK THAT UP WITH A LITTLE BIT OF LATTICE, UH, MIGHT HELP, UH, THE HOMEOWNER.
UH, ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? ALL RIGHT.
UH, STAFF, PLEASE TAKE A ROLL CALL.
YES, I CONCUR WITH THE FINDINGS OF FACT.
OKAY, MR. MENON, I CONCUR WITH THE FINDINGS OF FACT, MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT, MR. DELMER.
MR. UNA? YES, I CONCUR AND SHARE ORIAN.
UH, I ALSO CONCUR WITH THE FINDINGS OF FACT.
UH, MOTION PASSES UNANIMOUSLY.
LET'S GO ON TO THE NEXT CASE, PLEASE.
[10. 21-2579 BOA-21-10300022]
O A 21.LOCATION AT 39 0 7 AND 39 11 WEST HORSESHOE BEND.
COUNSEL, DISTRICT SEVEN, APPLICANT IS CATALINA CHAVEZ TO REQUEST FOR VARIANCE TO THE INGRAM HILLS NEIGHBORHOOD CONSERVATION DISTRICT FENCING REQUIREMENT TO ALLOW ONE, A PREDOMINANTLY OPEN FRONT YARD FENCE TO BE FIVE FOOT THREE INCHES TALL FOR 39 0 7, A WHISP HORSESHOE BEND AND TWO, A PREDOMINANTLY OPEN FRONT YARD FENCE TO BE FIVE FOOT EIGHT INCHES TALL FOR 39 11 WEST HORSESHOE BEND.
CURRENT ZONING IS R 20 NC D THREE.
SUBJECT PROPERTIES EACH HAVE SINGLE FAMILY DWELLINGS ON THE PROPERTY AND ARE LOCATED WITHIN THE INGRAM HILLS NEIGHBORHOOD CONSERVATION DISTRICT.
UH, 39 0 7 WEST HOE BEND WAS, HAS A WR IRON FENCE AND 39 11 HAS WR IRON WITH MASONRY POST.
WHILE THEY DO MEET THE, UH, FENCE HEIGHT LIMITATIONS FOR THE UNIFIED DEVELOPMENT CODE FOR LARGE LOTS, WHICH ALLOWS UP TO SIX FEET, UH, THEY DON'T MEET THE MAXIMUM ALLOWABLE FOR THE NCD THREE, WHICH IS FOUR FEET FOR THE FRONT YARD FENCE.
THE INGRAM HILLS NEIGHBORHOOD N C D WAS ESTABLISHED IN SEPTEMBER, 2004.
FOR SOME CONTEXT, I WANNA JUST LAY OUT THE WAY THE, THE PLANS PROCESS WORKS FOR NEW CONSTRUCTION FOR RESIDENTIAL NEW RESIDENTIAL CONSTRUCTION.
YOU CAN ADD A FENCE, UM, INTO YOUR PLANS.
ONCE THE PLANS HAVE BEEN APPROVED AND PICKED UP, THEY'RE ONLY KEPT IN-HOUSE FOR A MATTER OF A, A MONTH OR SO, AND THEN THEY GO OFF TO BARE APPRAISAL WHERE THEY ARE DESTROYED AFTER THAT.
[02:45:01]
SCENARIOS, WE ACTUALLY DON'T HAVE COPIES OF THE PLANS WHATSOEVER.UM, SO THERE'S NO REFERENCE TO GO BACK TO.
THE FIRST ONE WAS ACTUALLY BUILT IN 2011 AND APPROVED BY STAFF SECOND WAS APPROVED IN 2019 AS WELL APPROVED BY STAFF.
UH, THERE WERE NOTES IN THE SECOND PROPERTY FROM PLAN REVIEW STAFF THAT STATED THE APPLICANT WAS ALLOWED TO HAVE TO GO UP TO THE SIX FOOT FENCE.
UNFORTUNATELY, THAT CONTRADICTED, UH, THE N C D STANDARDS.
THE N C D STAFF DIDN'T, DIDN'T NOTATE IT.
SO THE ONLY NOTES THAT WE DO HAVE WAS FROM THE, THE REVIEW STAFF SAYING THAT THEY WERE OKAY TO GO SIX FEET.
THE FENCE HEIGHT WAS DISCOVERED AT FINAL INSPECTION AND BROUGHT TO THE ATTENTION OF THE APPLICANT.
AT THAT TIME, WE WORKED WITH THAT APPLICANT AND THE NEIGHBOR TO BRING BOTH INTO COMPLIANCE OR TO APPLY FOR THE, THE BOARD OF ADJUSTMENT CASE.
AT THIS TIME, UH, DURING THE ROUTINE SITE VISIT, IT WAS OBSERVED THAT THE FENCING IN THE SURROUNDING AREA, UH, APPEARED TO BE INSTALLED WITH SIMILAR DESIGN IN, IN HIDE.
SO THERE WERE OTHER PROPERTIES IN THIS AREA WITH SIMILAR FENCING.
THE SUBJECT PROPERTY IS THE, THE, IT SHOWS THAT VACANT ON THE MAP, BUT HAS ACTUALLY, UH, BEEN COMPLETE.
AND THE FENCING IS IN THE FRONT YARD AS AS SHOWN HERE.
THE PRIMARY SUBJECT PROPERTY WHERE WE CAUGHT THE ISSUE AT INSPECTION AND THE NEIGHBORING, THE NEIGHBORING WAS BUILT IN 2011.
10 HEIGHT SURROUNDING AREA STAFF DOES RECOMMEND DENIAL IN BO O A 21 1 0 3 0 22 BASED ON THE FOLLOWING EFFECT.
FRONT YARD FENCE IS FIVE THREE AND FIVE EIGHT, AND THE FENCE IS NOT CONSISTENT WITH THE STANDARDS OF THE INGRAM HILLS NEIGHBORHOOD CONSERVATION DISTRICT.
NEXT SLIDE, 12 NOTICES WERE SENT OUT, ZERO IN FAVOR OF ZERO IN OPPOSITION.
UM, AND WE DID RECEIVE A LETTER IN SUPPORT FROM THE INGRAM HILLS NEIGHBORHOOD ASSOCIATION.
WE DO HAVE, UH, CATALINA CHAVEZ ON THE LINE.
MS. CHAVEZ, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
UH, MY ADDRESS IS 39 0 7 WEST HORSESHOE BEND.
AND, UM, I'VE BEEN BUILDING THIS HOUSE AND, UH, I GOT THEY GOING THROUGH ALL THE LOOPS AND JUMPS AND EVERYTHING THAT I HAD TO DO THROUGH THE CITY AND HAD MY FENCE BUILT.
AND THEY WENT IN, WHEN THEY CAME IN AND INSPECTED US, IT WAS TOO LOW AND, UM, I, I MEAN, IT WAS APPROVED BY THE CITY WHEN BEFORE I BUILT IT.
AND SO NOW THEY HAVE TO DO THIS VARIANCE.
THERE'S OTHERS, UH, UH, HOUSES AROUND HERE THAT SAME, HAVE THE SAME HEIGHT.
PLUS THEY JUST BUILT A BIG APARTMENT COMPLEX A BLOCK DOWN.
SO I EVEN THINK IT'S BETTER FOR MY SAFETY TO HAVE IT FIVE FEET THAN FOUR FEET WITH THE NEW APARTMENT COMPLEX GOING IN JUST A BLOCK AWAY.
UM, IT'S NOT, IT'S, I MEAN, YOU CAN SEE THROUGH IT.
IT'S NOT A, A, WHAT AM I TRYING TO SAY? A SOLID FENCE.
SO, UM, AND I TALK, I SPOKE TO MY NEIGHBORS.
THEY'RE ALL OKAY WITH, WITH MY FENCING.
I GUESS THAT'S ALL I HAVE TO SAY.
UH, IS THERE ANYTHING TO READ INTO THE RECORD? YES, SIR.
IT IS FROM MIKE PHILLIPS INGRAM HILLS NEIGHBORHOOD ASSOCIATION BOARD PRESIDENT.
THE INGRAM HILLS NEIGHBORHOOD ASSOCIATION DOES NOT OPPOSE, UH, THE REQUEST FOR VARIANCE, UH, TO OUR INGRAM HILLS M C D NEIGHBORHOOD CONSERVATION DISTRICT FENCING REQUIREMENT TO ALLOW PREDOMINANTLY OPEN FENCE, FRONT YARD FENCE TO BE FIVE FOOT EIGHT AT 39 0 7.
UM, AND FOR 39 11 WEST HORSESHOE BEND.
AGAIN, THAT WAS FROM MIKE PHILLIPS, UH, BOARD PRESIDENT.
AND, UH, BEFORE, BEFORE WE GO TO QUESTIONS, UH, I, I JUST WANNA MAKE SURE YOU, YOU JUST EXPRESSED WHAT THE RE A, ASIDE FROM WHAT THE N C D WAS A PREDOMINANTLY OPEN FENCE, IT CAN BE HOW TALL IF THERE WAS NO NCD FOUR, FOUR FEET, SO PREDOMINANTLY OPEN.
SO THIS, THIS N C D IS VERY UNIQUE.
[02:50:01]
FAMILY RESIDENTIAL WITH A LARGE OR SMALLER LOT, YOU WOULD NOT BE ALLOWED A FRONT YARD FENCE AT ALL.THE LARGE LOTS WITHIN THIS N C D IS LIMITED TO FOUR FEET.
SO THEY ARE ZONED R 20, UM, WHICH LIMITS TO FOUR FEET PREDOMINANTLY OPEN.
WHAT IS, WHEN DID THE N C D GO INTO, INTO EFFECT THE YEAR 2004, SIR.
SO IT PREDATES ALL THE HOME CONSTRUCTION.
SO I'D LIKE TO OPEN THIS UP TO, UH, COMMISSIONER QUESTIONS.
WHO'D LIKE TO GO FIRST? OH, ZUNA COMMISSIONER ZUNA WITH THE CONCURRENCE OF THE NEIGHBORHOOD ASSOCIATION, DOES THAT CHANGE ANY OF THE STAFF'S RECOMMENDATION ON THE VARIANCE? UH, WITH THE N C D, WE, WE HAVE ALWAYS HELD A HARD STANCE WITH N C D STANDARDS.
UM, WE UNDERSTAND THE SCENARIO HERE WHERE IT WAS POTENTIALLY MORE THAN LIKELY STAFF ERROR, UM, BASED ON THE NOTES THAT WE FOUND IN, IN THE PERMIT SYSTEM.
UH, BUT AS I MENTIONED, WHEN IT COMES TO NEIGHBOR CONSERVATION DISTRICTS, WE'VE ALWAYS HELD A HARD STANCE.
ANY OTHER QUESTIONS? OKAY, ZEKE, I HAVE SOME MORE QUESTIONS.
SO, ON, ON, ON THAT, THE PICTURE WHERE THE HOME IS BUILT, IS IT FIVE FOOT EIGHT TO THE ROD IRON OR TO THE STONE PILLARS? THAT'S THE STONE PILLARS.
UH, HER PROPERTY WITH A, THE RODDER, IT WAS ACTUALLY THE SHORTER VERSION.
IT WAS LIKE, HOW, HOW TALL WAS THE RIGHT IRON? SO THE ROD IRON IS FIVE? YES, SIR.
ROD? YEAH, THE ROD IRON IS FIVE FOOT THREE.
IF THERE WAS NO N C D IN EFFECT, WHAT WOULD THE CODE NORMALLY ALLOW YOU TO DO? SIX FEET.
BECAUSE THERE, THE, THE LOTS ARE OVER TH UH, 20,000 SQUARE FEET.
AND ANOTHER ITEM IS, IS, UH, I WAS GOING BACK TO STREET VIEW AND IT SHOWS THE HOUSE WHEN IT'S BRAND NEW AS FEBRUARY, 2013, DATED PICTURE.
UH, IF THIS WAS BUILT WITH THE HOME AND THE CITY INSPECTED IT AND, AND GAVE THE C OF O, IT, IT, BECAUSE THAT WAS EIGHT YEARS AGO, CAN THE CITY GO BACK AND MAKE AND MAKE THE FENCE GO AWAY, OR DOES THAT THE ERROR THAT WAS DONE BACK THEN MEAN ANYTHING, UH, OVER FIVE YEARS? CODE COMPLIANCE WAS, WON'T GO AFTER THAT FENCE.
BUT, UM, YOU HAVE TO KEEP IN MIND WITH THE FENCING, NORMALLY YOU WOULD, THERE WOULDN'T BE AN INSPECTION FOR FENCING AT ALL, EVER.
IT'S RECENTLY IN THE LAST COUPLE OF YEARS THAT THE N C D PROGRAM, WE'VE STARTED INSPECTING, UH, FENCING.
AND THAT'S RECENTLY, SO IN THIS CASE, WHEN WE WERE OUT FOR FINAL INSPECTION ON THE STRUCTURE, WE JUST HAPPEN TO NOTICE THE FENCE AS WELL.
I MEAN, BUT AN INSPECTOR, I MEAN, THERE'S SO MUCH OF IT IF IT'S HARD TO BELIEVE THAT IT WOULDN'T BE NOTICED, I MEAN, BUT, UH, OKAY.
WELL, WHAT, SO IF, IF, IF IT'S BEEN SINCE IT'S BEEN MORE THAN FIVE YEARS, UM, THE REAL CRUX ON THIS IS THE NEIGHBORING LOT THEN HERS CORRECTLY.
UH, ANY OTHER COMMISSIONER QUESTIONS BEFORE I ALLOW THE APPLICANT TO, UH, MAKE A STATEMENT? OKAY.
UH, SO THE APPLICANT, YOU, YOU GOT UP TO TWO MINUTES IF, UH, HEARING EVERYTHING IF YOU'D LIKE TO, UH, MAKE, UH, ANY CLOSING REMARKS? YES.
WELL, I JUST WANNA SAY THAT I, I FOLLOWED ALL THE RULES.
I GOT, UH, APPROVED BY EVERYTHING.
AND NOW AFTER I BUILT IT, IT TELLING ME THAT IT WAS WRONG.
SO I, I, I DID EVERYTHING THAT I HAD TO DO.
SO I, I DON'T FEEL I NEED TO BE PUN.
I FEEL LIKE I'M BEING PUNISHED FOR FOLLOWING THE RULES.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A VARIANCE TO THE INGRAM HILLS NEIGHBORHOOD CONSERVATION DISTRICT FENCING REQUIREMENT TO ALLOW JUAN A PREDOMINANTLY OPEN FRONT YARD FENCE TO BE FIVE FOOT THREE INCHES TALL FROM 3 9 0 7 WEST HORSESHOE BEND, AND TWO, A PREDOMINANTLY OPEN FRONT YARD FENCE TO BE FIVE FOOT EIGHT INCHES TALL FROM 39 11 WEST HORSESHOE BEND, SITUATED AT 3 9 0 7 AND 3 9 11 WEST HORSESHOE BEND, APPLICANT BEING CATALINA CHAVEZ, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWS THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WILL RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC.
THE VARIANCE BEING REQUESTED IS FOR THE FRONT YARD FENCING OF THE LOTS
[02:55:01]
LOCATED AT 3 9 0 7 AND 3 9 11 WEST HORSESHOE BEND.OTHER FENCES IN SURROUNDING AREA APPEAR TO BE OF SIMILAR DESIGN AND HEIGHTS, SO THE FENCING DOES NOT DETRACT FROM THE CHARACTER OF THE DISTRICT.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT ANY SPECIAL CONDITION THAT IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
DEFENSE IS ALLOWABLE BY THE UNIFIED DEVELOPMENT CODE AND IS NOT OUT OF CHARACTER FOR THE NEIGHBORHOOD.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT.
SUCH VARIANCE WILL NOT SUBSTANTIALLY ENTER THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUEST TO ALLOW THE FENCE HEIGHT DOES NOT SEEM LIKELY TO POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND, AND DOES, UH, AND DOES SEEM LIKELY TO, UH, DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
MANY THE LAWS OF THE SURROUNDING AREA HAVE PREDOMINANTLY OPEN FRONT YARD EMPTYING.
THE PLIGHT TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS THAT THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY WERE NOT CREATED BY THE PLIGHT OF THE OWNER AND ARE NOT MERELY FINANCIAL AS RESIDENTIAL PERMITS WERE ISSUED IN 2019.
WE HAVE A MOTION AND A SECOND.
UH, COMMISSIONER MANANO, PLEASE START THE DISCUSSION.
SO, UH, YESTERDAY WHEN I SAW THIS CASE, WHEN I WAS READING IT, UM, I'M A FIRM BELIEVER OF NCDS AND, AND I WAS GOING TO VOTE, UH, NO FOR THIS CASE, SIMPLY BECAUSE, UH, IT WAS, UH, AND, AND NOT AGREE WITH THE N C D.
HOWEVER, BECAUSE OF THE NEIGHBORHOOD ASSOCIATION HAS COME IN, UM, YOU KNOW, AS AN OWNER OF A NEIGHBORHOOD OR AS A REPRESENTATIVE OF THE NEIGHBORHOOD ASSOCIATION, YOU KNOW, WE USE THESE MEANS TO KIND OF PROTECT OUR NEIGHBORHOODS.
AND BECAUSE THE NEIGHBORHOOD IS FOR IT, I WILL BE FOR IT.
AND SO I'LL BE SUPPORTING THIS MEASURE A WHOLE, UH, WHOLEHEARTEDLY SIMPLY BECAUSE THE NEIGHBOR SAYS, UM, THEY'RE OKAY WITH IT.
YOU SECONDED THAT SHALL COMM UH, COMMISSIONER, SHE PLEASE, UH, PROVIDE YOU THOUGHTS.
WELL, COMMISSIONER MANNA, UM, AGAIN, BASICALLY TOOK THE WORDS OUTTA MY MOUTH.
I WAS PREPARED TO OPPOSE THIS, UM, BECAUSE I BELIEVE IN NCDS, THEY'RE COMMUNITY DRIVEN AND THEY ARE ORDINANCE.
UM, HOWEVER, SINCE THE ASSOCIATION, UM, SUPPORTS, UH, KEEPING THE FENCE AND ALSO BECAUSE THE OWNERS DID FOLLOW THE PROCESS AND THE CITY MISSED THIS, UM, FOR QUITE SOME TIME, UM, I FEEL LIKE WE'RE KIND LATE AT THIS POINT TO MAKE THEM REDO IT.
SO I, I AM GONNA BE SUPPORTING THE MOTION.
UH, ANY OTHER COMMISSIONERS LIKE TO, UH, ADD ON? YEAH, I'D LIKE, I JUST WANT TO ADD THAT, UH, IRONICALLY, I, ALMOST 15 YEARS AGO, I PLOTTED AND DID THE DEVELOPMENT FOR THE PROPERTY RIGHT BEHIND THIS AREA OFF OF CALLAHAN.
AND ONE THING I RE I DO KNOW IS THAT, UH, THIS NEIGHBORHOOD IS PREDOMINANTLY A LARGE LOT.
IT WAS PLANTED IN 1930 WAY BEFORE THE N C D AND YOU KNOW, SO YOU'VE, YOU'VE HAD BASICALLY 74 YEARS OF, OF DEVELOPMENT IN THIS AREA WHERE THAT PREDATE THE N C D.
AND SO THIS, I I I, I AM IN FULL SUPPORT OF THIS, UH, FOR THAT REASON, ALONG WITH THE FACT THAT THE APPLICANT DIDN'T INTENTIONALLY DO ANYTHING, UH, WRONG.
SO I WILL, UH, ASK THAT TO PLEASE TAKE A ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MS. BREGMAN, I CONCUR WITH THE FINDINGS OF FACT, MR. DELMER.
YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR AND SHARE ORIAN AND I CONCUR WITH THE FINDINGS OF FACT MOTION PASSES UNANIMOUSLY, UH, FOR WHICH, THAT BEING SAID, THAT GETS US THROUGH OUR CASES,
[03:00:01]
AND WE ARE NOW AT THE, UM, ITEM 11[11. 21-2602 Discussion, consideration and possible action of current cases to determine need for a Board of Adjustment Special Meeting.]
TO DISCUSSING CONSIDERATION POSSIBLE ACTION ABOUT, UH, WHETHER OR NOT WE NEED A SPECIAL MEETING.SO STAFF, HOW ARE WE ON OUR, ON OUR CASES? WE'RE DOING REALLY WELL.
UH, WE HAVE EIGHT CASES FOR THE NEXT MEETING.
UM, OH, WE'RE, WE'RE PRETTY MUCH CATCHING UP PRETTY WELL.
UM, I, I DON'T FORESEE THERE BEING ANY PROBLEMS OR A NEED TO FOR AN EX EXTRA MEETING.
AND DOES THAT, DOES THAT EIGHT CASES INCLUDE THE ONE THAT WAS POSTPONED ITEM ONE TODAY? UH, NO, THAT ONE WE HAVE TO GO BACK.
WE'RE GONNA ACTUALLY SCHEDULE THAT ONE FOR THE FIRST MEETING IN MAY.
WELL, THAT'S, THAT'S THAT ANY COMMISSIONERS LIKE TO, UH, MAKE ANY REMARKS REGARDING THAT, THIS, THIS ITEM.
[12. 21-2460 Consideration and approval of the March 15, 2021 Board of Adjustment minutes.]
NEXT ITEM, THE AGENDA IS THE MINUTES.UM, I BELIEVE STAFF, UH, DID YOU, YOU ADDRESS MY, MY CORRECTIONS? IT WAS JUST THE LIST.
THE, UM, UH, WHO WAS THE NAMES OF WHO WAS SELECTED FOR THE PRIME AND THE ALTERNATE FOR THE PACK? YES, SIR.
WE'RE GONNA ADD THAT ON THERE.
DID ANY OTHER COMMISSIONERS HAVE ANY, UH, ADJUSTMENTS? HEARING NONE? UH, STAFF PLEASE, PLEASE TAKE A ROLL CALL VOTE REGARDING THE MINUTES WITH THE AMENDMENTS.
UH, SO PREVIOUSLY MENTIONED, YES, I APPROVE.
YES, I APPROVE WITH THE AMENDMENTS MENTIONED.
MS. CRUZ? YES, I APPROVE WITH THE AMENDMENTS.
MS. BRACKMAN? YES, I APPROVE MR. ER, I APPROVE MR. DENO.
MS. FISHER? YES, I APPROVE MR. FIELD.
SO APPROVED AND CHAIR ORIAN AND I APPROVE.
UH, SO THAT MAKES IT 10 WITH ONE EXTENSION.
AND, AND JUST FOR CLARIFICATION, DID WE NEED A MOTION ON THAT OR COULD I JUST HAVE CALLED FOR A VOTE? I MOVE THAT WE ACCEPT THIS VOTE SAYS RED.
I COULDN'T, I, I, FOR THE LIFE OF ME, I, I DIDN'T THINK WE NEEDED A MOTION ON, ON A MINUTE'S APPROVAL, BUT, UH, THANK YOU FOR MAKE, FOR DOING THAT.
STAFF, IS THERE ANYTHING YOU NEED TO ADD BEFORE WE ADJOURN? NOTHING AT THIS TIME.
Y'ALL HAVE A GREAT REST OF THE DAY.