* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. YES, SIR. [00:00:01] ALRIGHT. [Call to Order] GOOD AFTERNOON, LADIES AND GENTLEMEN. MY NAME IS DONALD ORIAN AND I'M THE CHAIRMAN OF THE BOARD OF ADJUSTMENT OF THE CITY OF SAN ANTONIO. I HEREBY CALL THIS REGULARLY SCHEDULED NOTICE MEETING OF THE CITY OF SAN ANTONIO BOARD OF ADJUSTMENT INTO SESSION. CAN WE HAVE OUR INTERPRETERS? PLEASE READ THE INTERPRETATION SERVICES AVAILABLE FOR THIS MEETING. THANK YOU. THANK YOU. ALSO PRESENT IN THE MEETING. OH, I'M SORRY, . BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION. UH, THE BOARD IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 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 IN 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 PROCEEDINGS. EVERY MEMBER WILL BE ASKED TO VOTE ON THE MOTION IN ORDER FOR A MOTION TO CARRY. IT REQUIRES ITS INCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE RELEASE AREN'T REST WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE RELIEF REQUEST REQUEST A RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIALS. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS. APPEALS FROM THE BOARD'S. 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, STAFF TO PROTECT THE HEALTH OF THE PUBLIC AND LIMIT THE POTENTIAL SPREAD OF C OVID 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 GOVERNMENT IN RESPONSE TO COVID 19 CRISIS AND OR IN PLACE UNTIL FURTHER NOTICE. MEMBERS OF THE PUBLIC CAN WATCH AND LISTEN TO THIS MEETING BY VISITING SAN COUNTY.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 TO BE CALLED DURING THE MEETING. STATEMENTS OR COMMENTS WILL BE LIMITED TO TWO MINUTES FOLLOWING THE PRESENTATION BY THE APPLICANT. STAFF WILL READ INTO THE RECORD ANY EMAILS OR LETTERS RECEIVED. STAFF WILL ALSO PLAY ANY MESSAGES RECEIVED BY VOICEMAIL. LASTLY, FOR THOSE THAT SIGNED UP, UH, TO RECEIVE A CALLBACK, WE'LL CALL THEM TO STATE THEIR TWO MINUTE UH, COMMENTS. SPANISH INTERPRETERS ARE ON STANDBY AS NEEDED. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL WITH A TWO MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS COMMISSION QUESTIONS. THANK YOU. UH, CAN YOU PLEASE TAKE THE ROLL CALL COMMISSIONER. SHE PRESENT. MR. MANCHACA? PRESENT. MS. CRUZ? HERE. HERE. MR. MANNA PRESENT. MS. BRAGMAN PRESENT. MR. BATTLE? MR. LOVE, MS. FISHER? PRESENT. MR. TEAL PRESENT. MR. UNA PRESENT AND CHAIR ORIAN? UH, I'M ALSO PRESENT. THANK YOU VERY MUCH. UH, LOOKS LIKE WE HAVE A QUORUM AND I AM GOING TO, UH, MOVE ITEM NUMBER EIGHT UP TO BE THE FIRST ITEM HEARD. UH, STAFF COULD PLEASE. UH, DID YOU GET AHOLD OF THE APPLICANT? WE'RE REACHING OUT TO THEM NOW, SIR. GIVE US A, A SECOND TO GET THEM ON THE LINE. SURE. OKAY. WHOEVER NEEDS TO GET ON THIS SIDE IS IMPROPERLY [00:05:02] THE PHONE NUMBER THAT ENDS IN SEVEN FIVE. IS THAT YOU MS. ALDANA? YES, MA'AM. [8. 21-2984 BOA-21-10300025] OKAY, WE'RE GONNA START OUR PRESENTATION AT THIS TIME. DOA CASE 1 1 0 3 0 0 0 2 5 7 4 LANGFORD PLACE. UH, YES, IF YOU CAN PUT YOUR PHONE ON, ON MUTE PLEASE PUT IT ON MUTE. YES, PLEASE. I'LL, I'LL LET YOU KNOW IN A LITTLE BIT WHEN THEY UNMUTE. OKAY. OKAY. IT'S A REQUEST FROM APPLICANT OLGA ALANA. IT'S REQUEST FOR A TWO FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ADDITION WITH A ONE FOOT SIX INCH OVERHANG TO BE TWO FEET, TWO INCHES AWAY FROM THE SIDE PROPERTY LINE, AND TWO, AN 8% VARIANCE FROM THE 50% MAXIMUM IMPERVIOUS COVER IN THE FRONT YARD TO ALLOW UP TO 58% IMPERVIOUS COVER. CURRENT ZONING IS R FOUR A H O D. NEXT SLIDE. THE SUBJECT PROPERTY IS WITHIN THE BLOCK, UH, WITHIN A BLOCK AT 3 74 LANKFORD PLACE. THE APPLICANT RECEIVED A STOP WORK ORDER, UH, FOR BUILDING AN ADDITION WITHOUT PERMIT IN MARCH OF 2021, WHICH CAUSED THE SUBMITTAL FOR VARIANCE. THE ADDITION APPEARS TO BE BUILT AS CLOSE AS TWO FEET, TWO INCHES FROM THE SIDE PROPERTY LINE AND HAS A ONE FOOT SIX INCH WITH GUTTER, UH, OVERHANG. THE SUBJECT PROPERTY IS LOCATED WITHIN THE NEIGHBORHOOD WITH OLDER DEVELOPMENT, SO THERE ARE MULTIPLE DWELLINGS IN CARPORTS IN THE SURROUNDING AREA WITH A SIMILAR SETBACK ENCROACHMENT NEAR THE PROPERTY LINES WHEREIN MANY, UH, STRUCTURES ARE OFFSET AND BUILT CLOSER TO THE SIDE PROPERTY LINE ON ONE SIDE THAN THE OTHER. STAFF ALSO OBSERVED THE FRONT YARD IMPERVIOUS COVER TO SLIGHTLY EXCEED 50% LIMITATION. HERE'S A COPY OF THE SITE PLAN. THE SUBJECT PROPERTY TO THE RIGHT IS THE EXTENSION. IT WAS A CARPORT THAT WAS INITIALLY BUILT IN 2012. THEY ENCLOSED THE CARPORT SIDE PROPERTY LINE IN QUESTION , AND I MAY NOTE THAT THERE ARE NO GUTTERS ON THE SIDE AS IT DRAINS FORWARD AND BACKWARDS. THE METAL POST IS THE ORIGINAL, UH, CARPORT THAT WAS THERE. THEY SIMPLY ENCLOSED IT FROM THAT POINT AND THE SURROUNDING AREA STAFF RECOMMENDS APPROVAL ON B O A 21 1 0 3 0 0 0 2 5 BASED ON THE FOLLOWING FINDINGS OF FACT, THE ADDITIONAL WILL REMAIN TWO FEET, TWO INCHES AWAY FROM THE SIDE PROPERTY LINE, AND THERE IS A SEVEN FOOT, 7.5 FOOT OR FEET BETWEEN THE ADDITION AND THE ADJACENT STRUCTURE. AND THE FRONT CONCRETE IN THE FRONT YARD WILL EXCEED LIMITS, UH, BY 8%. 33 NOTICES WERE SENT OUT, ZERO RECEIVED, AND THERE IS NO NEIGHBOR ASSOCIATION WITHIN THIS AREA. MS. ALDANA, WHEN YOU'RE READY, PRESS START NUMBER SIX TO UNMUTE YOURSELF AND YOU CAN START YOUR PRESENTATION. UH, STATE YOUR NAME AND ADDRESS FOR THE RECORD. OKAY. UH, HELLO, MA'AM? YES, I CAN HEAR YOU. CAN YOU HEAR ME OKAY? YES. UH OH. MY NAME IS S UH, 3 74 LANFORD. UM, AND, UM, THE THING IS THAT I HAD A, A, LIKE A GARAGE ALREADY. THE ROOF WAS IN THERE AND THE CEMENT WAS IN THERE AND I JUST CLOSED IT, BUT I THOUGHT, UM, I THOUGHT, UM, I THOUGHT OF, UH, UM, A THOUSAND. YEAH, I THOUGHT, YOU KNOW, BECAUSE IT'S SMALL AND IT WAS THERE ALREADY, AND, UM, AND I HAD THE MATERIAL IN THERE, SO I JUST CLOSED IT AND I THOUGHT I NEED A PERMIT, AND IT WAS THERE ALREADY. UM, I, I THOUGHT I, YOU KNOW WHAT I MEAN, LIKE, I DIDN'T NEED NO PERMIT, BUT IT LOOKED LIKE, UH, SOMEBODY REPORT ME AND I DID IT, YOU KNOW, I TO SPEND $600. BUT, UM, AND I TALKED TO MY NEIGHBORS AND I ASKED THEM IF, YOU KNOW, LIKE, IF THEY HAD A PROBLEM WITH THEM. THEY SAID, WELL, NO, I MEAN, I MEAN, I I, I MADE IT GOOD. I MEAN, IT DOESN'T, I JUST CLOSED IT. IT WAS THERE ALREADY. I JUST CLOSED IT, BUT I DIDN'T KNOW THAT I NEEDED A PERMIT. UM, [00:10:01] AND I JUST USED IT TO PUT MATERIAL BECAUSE, UH, MY SON'S GONNA BE AT THE HOUSE, SO IT WAS GETTING WET. SO I GO, LET ME CLOSE IT. AND THAT'S WHAT I DID NOW, AND LIKE I SAID, I THOUGHT I DIDN'T NEED NO PERMIT. I DIDN'T LOOK LIKE I DID. HELLO? HELLO. WHICH IS HEAR, MA'AM? OH, OKAY. YES, YES. OKAY, SIR. OUR, UH, CHAIR ? YES. I GUESS THAT CONCLUDES HER, HER, UH, PRESENTATION. IS THERE ANY COMMISSIONER QUESTIONS? BRAGMAN, UH, COMMISSIONER BRAGMAN? UH, THIS IS A QUESTION FOR STAFF. WAS THE, WAS THE CARPORT PERMITTED? NO, MA'AM. IT WASN'T, UM, BASED ON, ON GOOGLE IMAGERY, IT LOOKS LIKE IT WAS BUILT IN 2012. OKAY. AND MS. SALANA, HOW LONG HAVE YOU OWNED THE PROPERTY? UH, I BOUGHT IT, LIKE, I BOUGHT IT IN 2000, IN 2010, I THINK. 10 OR 11, MA'AM? NO, 2010, MA'AM. OKAY. SO YOU PUT UP THE CARPORT AS WELL? WELL, YEAH. UH, BECAUSE, UH, WHEN'S HOUSE, UH, WHEN, WHEN'S HOUSE? UH, IT WAS, UH, WHEN BOUGHT'S HOUSE, I BOUGHT IT FROM THE, FROM THE, WHAT IS IT CALLED? FROM THE STATE, AND THE ROOF WAS FALLING OFF. I JUST BOUGHT THE FRAME, SO WHAT I DID, I FRAMED IT ALL UP, BUT IT WAS THERE ALREADY, BUT I FRAMED IT LIKE I, I PUT THE ROOF, I PUT EVERYTHING NEW, LIKE I MAKE THE HOUSE AND EVERYTHING WAS NEW, BUT, AND I BOUGHT IT FROM, UM, FROM THE STATE. OKAY, THANK YOU. YES. UH, ANY OTHER QUESTIONS? OKAY, I HAVE A QUESTION. UH, MS. MS. NIA, UH, DID YOU CONSTRUCT, UH, HOW MUCH A CONCRETE DRIVEWAY WAS CONSTRUCTED WITH YOUR PROJECT, OR WAS THIS ALL EXISTING ALREADY? UH, IT WAS, IT WAS HERE ALREADY EXISTING. SORRY, IT WAS EXISTING ALREADY. SO THE, THE, IT LOOKS LIKE YOU HAVE A RATHER WIDE, UH, DRIVEWAY. WHEN, WHEN THE CARPORT WAS, WAS BUILT, DID YOU WIDEN THE DRIVEWAY AS WELL? UH, NO. NO, NO, SIR. I JUST, UH, I JUST FIXED IT. UM, I, I FIXED IT. LIKE I SAID, I, THE WHOLE HOUSE WAS, UM, THE WHOLE HOUSE WAS LIKE, UM, THE ROOF WAS MESSED UP AND ALL THE, OKAY. NO, I DIDN'T, NO, THE COUNTRY WAS THERE ALREADY, SIR. OKAY. THANK YOU. UH, THIS QUESTION'S FOR STAFF WITH REGARDS TO THE 58%, UH, YOU KNOW, THE 8% IN EXCESS OF THE 50, 50% MAX, ARE YOU GOING BACK TO WHEN THE CARPORT WAS CONSTRUCTED TO 2012, OR ARE YOU JUST RECALCULATING THAT TODAY? WE'RE ACTUALLY SHOWING THE IMAGES NOW BASED ON GOOGLE, UH, MAPS. THAT IS FROM 2011. THAT'S WHAT IT WAS PREVIOUSLY. SO THE CONCRETE WAS ADDED LATER. UM, THE CONCRETE WAS ACTUALLY MORE RECENT. OKAY. ALL RIGHT. WELL, I HAVE NO FURTHER QUESTIONS. UH, ANY ONE LAST CHANCE FOR COMMISSIONERS BEFORE WE, UH, UH, CLOSE, UH, LET THE APPLICANT, UH, CLOSE IT, CLOSE IT OUT. HEARING NONE, UH, MS. ALANA, UH, WOULD YOU LIKE TO MAKE ANY CLOSING STATEMENTS IN REGARDS TO THIS CASE? UM, NO, SIR. LIKE I SAID, I MEAN FOR THE FUTURE NOW, I KNOW THAT, UM, LIKE I SAID, I THOUGHT I DIDN'T NEED A PERMIT, YOU KNOW, SINCE IT WAS THERE EXISTING ALREADY, BUT NOW I KNOW TO GET A PERMIT. OKAY. THANK YOU VERY MUCH. I DIDN'T, YES, YES. THANK YOU. UH, SO, UH, WITH THAT IN MIND IS, IS THERE A MOTION THAT A COMMISSIONER WOULD LIKE TO MAKE REGARDING THIS CASE? THI UH, COMMISSIONER THIEL? YES, SIR. REGARDING CASE NUMBER BOA DASH TWO ZERO DASH 0 3 0 0 2 5, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST TO ALLOW ONE A TWO FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ADDITION WITH ONE FOOT SIX INCH OVERHANG TO BE TWO FOOT TWO INCHES AWAY FROM THE SIDE PROPERTY LINE, AND TWO 8% VARIANCE FROM THE 50% MAXIMUM IMPERVIOUS COVER IN THE FRONT YARD TO ALLOW UP TO 58% IMPERVIOUS COVER SITUATED AT 3 7 4 LANGFORD PLACE. APPLICANT BEING OLGA SANA, 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 ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED [00:15:01] AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE VARIANCE BEING REQUESTED IS FOR BUILDING ENCROACHMENT OF THE SIDE SETBACK IN THE FRONT YARD. IMPERVIOUS COVER. THE REQUESTS DO NOT SEEM TO BE CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP. BY IMPOSING A LITERAL ENFORCEMENT, THE EXISTING LIVING SPACE WOULD NEED TO BE ALTERED SIGNIFICANTLY TO MEET THE FIVE FOOT SIDE SETBACK. 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 TO SPREAD SPACING BETWEEN NEIGHBORING STRUCTURES BY REDUCING THE SETBACK TO TWO FOOT TWO INCHES, THE APPLICANT WILL MAINTAIN ABOUT SEVEN AND A HALF FEET BETWEEN STRUCTURES AND TWO FOOT 10 INCH VARIANCE TO THE SIDE SETBACK, WHICH IS NOT UNCOMMON IN THIS NEIGHBORHOOD. FOUR VARIANCE WILL NOT AUTHORIZE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH A VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO REDUCE THE PORTION OF THE SIDE SETBACK 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 PROPERTY IS LOCATED WITHIN AN OLDER NEIGHBORHOOD WHERE IT IS COMMON TO FIND NON-CONFORMING DWELLINGS IN WHICH PARTS OF THE BUILDING OR CARPORTS ENCROACHED INTO THE SIDE SETBACKS. SIX, APPLIED OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS THAT THE APPLICANT IS REQUESTING THE VARIANCE TO RECEIVE A PERMIT FOR BUILDING ALREADY COMPLETED ON THE PROPERTY. THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY WERE CREATED BY THE OWNER OF THE PROPERTY AS THEY WOULD'VE BEEN INFORMED OF THE SETBACK REQUIREMENTS WHILE PULLING A PERMIT. END OF MOTION. WE HAVE A SECOND. SECOND. OKAY. WE HAVE A MOTION BY COMMISSIONER THIEL AND WHO, WHO MADE THE SECOND? IS THAT THE FISHER? FISHER? OKAY. SECOND BY COMMISSIONER FISHER. COMMISSIONER THIEL, PLEASE START THE DISCUSSION. UH, YES, SIR. UH, UM, I'M GONNA TO VOTE IN A, IN APPROVAL OF THIS, UM, YOU KNOW, THE, THE EXISTING CARPORT WAS THERE. THAT'S NOT, UH, CHANGING THE FOOTPRINT OF, OF WHAT WAS ALREADY THERE. UM, AND AS DESCRIBED IN THE MOTION THERE, THERE IS ADEQUATE SPACE BETWEEN THE, THE ADJACENT STRUCTURE. UM, AND I KNOW GOING THROUGH THE PERMITTING PROCESS, WE'LL MAKE SURE THAT EVERYTHING IS FIRE RATED, UH, THE WAY IT NEEDS TO BE, AND SO THEREFORE, I, I WILL BE, UH, VOTING IN FAVOR. GREAT. COMMISSIONER FISHER? YES, I AGREE WITH MY COLLEAGUE. I ALSO, IT APPEARS THAT THIS STRUCTURE AS IMPROVED IS SIMILAR TO OTHER RESIDENCES WITHIN THE NEIGHBORHOOD. UH, THE PROPERTY SHOWS GOOD PRIDE OF OWNERSHIP, AND I THINK IT FITS IN THE NEIGHBORHOOD, UH, ADEQUATELY. THANK YOU. FANTASTIC. THANK YOU VERY MUCH. IS THERE ANY OTHER COMMISSIONERS' LIKE TO ADD TO THE DISCUSSION? UH, I WILL ALS, UH, VOICE THEN THAT I AM ALSO IN SUPPORT. UM, AND TO ADD TO WHAT WAS ALREADY BROUGHT UP, UM, THAT I'VE NOTICED A LOT OF THE DRIVEWAYS, UH, DOWN THIS BLOCK ARE, ARE ON OPPOSITE SIDES. SO THERE'S, THERE'S NO CONFLICT WITH THE VEHICLES ENTERING AND EXITING THE INDIVIDUAL LOT. SO STAFF, PLEASE TAKE A ROLL CALL VOTE. MICHELLE. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MANCA. I CONCUR WITH MS. CRUZ. YES, I CONCUR WITH MS. GERMANA MRNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BREGMAN, I CONCUR WITH THE FINDINGS FACT, MS. FISHER? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. THI YES, I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNA. YES, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT, UH, MOTION, UH, PASSED AS UNANIMOUSLY. OKAY. WE HAVE SEVEN OTHER CASES TO HEAR, AND FROM WHAT I CAN SEE, ALL SEVEN OF THEM HAVE EITHER STAFF DENIAL OR, UM, OR, UH, THE PUBLIC AND, UH, MEMBERS OF THE PUBLIC IN OPPOSITION STAFF. UM, IS ANY WORD FROM KEVIN LOVE? NO, SIR. WE'VE TRIED CALLING HIM. I'VE TEXTED HIM AND STILL NO RESPONSES FROM HIM. CAN YOU PLEASE TRY TO REACH OUT TO, UM, UH, ONE OF THE OTHER ALTERNATES JUST TO SEE IF THERE MAYBE COULD POP IN? AT LEAST FOR THE FIRST CASE. WE, WE TRIED, MS. VINNO WAS UNABLE TO ATTEND, UM, AND SHE'S BASICALLY IT, UM, COMMISSIONER BATTLE, WE KIND OF REACH IN AGAIN TO SEE IF, YOU KNOW, IF HE CAN ATTEND SOONER. [00:20:01] OKAY. UH, IF HE'S ABLE TO UN UNFORTUNATELY HE HAS NOT RESPONDED AS WELL. OKAY, WELL, WITH THAT IN MIND THEN, UM, I THINK THE REMODEL WILL JUST START ON, UH, NUMBER TWO THEN, SINCE THEY'RE ALL IN THE, EVERYONE SEEMS TO BE IN THE SAME BOAT. DO YOU WANNA JUMP TO ITEM TWO? THAT'S, I MEAN, ULTIMATELY BECAUSE WE NEED A, WE HAVE A RECUSAL FOR ONE, RIGHT? SO WE, WE WOULD HAVE TO KEEP ONE. UH, WE CAN'T GO TO ONE UNTIL, UH, HOPEFULLY COMMISSIONER BATTLE, UH, SHOWS. YES, SIR. OKAY. WE'RE GONNA CALL APPLICANT FOR NUMBER TWO AT THIS TIME. OKAY. UH, WHILE YOU'RE DOING THAT, STAFF, UM, IN THE PAST, WHENEVER WE ARE DOWN TO NINE PEOPLE, WE WOULD OFFER, UH, THE ABILITY TO, UH, FOR A CONTINUANCE TO PEOPLE. IS THAT SOMETHING THAT WE ALWAYS DID OR SOMETHING THAT WE ONLY DID IF THERE WERE, UH, DENIALS PRESENT? UH, WE'VE ALWAYS OFFERED IT FOR NINE ITEMS, UM, OR NINE, NINE MEMBERS. SO IT'S UP TO THE APPLICANTS IF THEY WANNA MOVE FORWARD. I WILL SAY OUR NEXT MEETING, WE ONLY HAVE THREE ITEMS, UM, OKAY. FOR THE NEXT, THE MAIN MEETING. SO THAT'S ALWAYS AN OPTION. OKAY. KEVIN JUST GOT ON THE PHONE, OFF THE PHONE WITH KEVIN AND HE'S JOINING NOW. OKAY, FANTASTIC. I WOULD SAY STILL DO NUMBER TWO AND WE COULD START WITH TWO AND THEN, THEN JUMP BACK TO ONE AFTER THAT IF YOU'D LIKE. SURE CAN. LET'S DO IT. WAITING FOR THE APPLICANT AND WE'LL START THEN. I DON'T SEE KEVIN ON THE PARTICIPANT LIST. IS HE, IS HE IN, HE IS JOINING, NO SIR. OKAY. THERE HE IS. GREAT. AND FOR THE RECORD, KEVIN IS JOINING AT ONE 30. AWESOME. YES, I APOLOGIZE, I'M, I TRIED TO CALL, I THINK ZEKE, I TRIED TO CALL YOU THIS MORNING. I'M SORRY, DEBIT, LET YOU KNOW I WAS SICK. SAY, UM, SORRY TO HEAR THAT KEVIN, HONOR. ALRIGHT, WE'RE GONNA START WITH ITEM NUMBER TWO, KEVIN, AND THEN WE JUMP. OKAY. OKAY. [2. 21-2960 BOA-21-10300029] SO THIS IS D O A 21, 1 0 3 0 0 0 2 9, LOCATED AT 1263 BANDERA ROAD COUNCIL DISTRICT SEVEN. APPLICANT IS JACK . THE REQUEST FOR ONE TO SEVEN INCH VARIANCE OR SEVEN FOOT VARIANCE TO A 30 UH, FOOT MINIMUM SIDE SETBACK TO ALLOW A STRUCTURE TO BE 23 FEET AWAY FROM THE SIDE PROPERTY LINE. AND TWO, A VARIANCE FROM THE FENCING MATERIAL TO ALLOW A CORRUGATED METAL FENCE ALONG THE SIDE. UH, PROPERTY LINE. UH, THE APPLICANT IS STATING THAT THE SIDE PROPERTY LINE, UH, METAL FENCE BELONGS TO THE RESIDENTIAL AND WILL BE REMOVING THE CORRUGATED METAL FROM THE REAR PROPERTY LINE. SO CORRUGATED METAL WILL BE OFF THE TABLE. TODAY WE'LL BE FOCUSING STRICTLY ON ITEM NUMBER ONE, ZONING. THERE'S ONLY A C TWO M L O D TWO. NEXT SLIDE. SUBJECT PROPERTY IS LOCATED ON BANDERA ROAD AND THE APPLICANT IS REQUESTING VARIANCE TO THE SIDE SETBACK AND PROPERTY IS ZONED C THREE NA. UM, LET'S SEE. IT'S A BUDDING R FIVE RESIDENTIAL DISTRICTS SIDE AND REAR THE MINIMUM, UH, FOR THE COMMERCIAL ZONING DISTRICT. WHEN ABUTTING A RESIDENTIAL IS 30 FEET, THE APPLICANT IS REQUESTING TO REDUCE THE SIDE SETBACK TO 23 FEET AWAY FROM THE SIDE PROPERTY LINE. HE WILL BE, HE'LL PROCEED TO PROVIDE THE REQUIRED LANDSCAPE BUFFER YARD. HE WILL ALSO BE SEEKING, UM, THE ASSISTANCE OF AN ENGINEER, UH, TO LOOK AT PLATTING AS WELL SINCE THE EXISTING SLAB DOES CROSS PROPERTY LINE. SINCE SUBMITTING THE APPLICATION, THE APPLICANT HAS REMOVED THE CARDIAC METAL AND IS NO LONGER SEEKING THE VARIANCE FOR THAT REQUEST. [00:25:02] NEXT SLIDE. THAT'S CORRECT. AND HERE'S A COPY OF THE SITE PLAN SUBJECT PROPERTY. AND AGAIN, THE METAL FENCE ON THIS SIDE IS, DOES BELONG TO THE RESIDENTIAL. HERE'S A COPY OF THE, OR THE SLAB ITSELF MEASUREMENT FROM THE SIDE BANDERA ROAD STAFF RECOMMENDS APPROVAL ON B O A 21 1 0 3 0 0 0 2 9 FOR ONE SEVEN FOOT VARIANCE TO THE 30 FOOT MINIMUM SIDE SETBACK TO ALLOW THE STRUCTURE TO BE 23 FEET AWAY FOR THE SIDE PROPERTY LINE BASED ON THE FOLLOWING FINDINGS OF FACT, THE PROPOSED STRUCTURE WILL BE SET BACK 23 FEET FROM THE SIDE PROPERTY LINE, AND THE APPLICANT WILL INSTALL AND MAINTAIN THE LANDSCAPE BUFFER YARD ALONG THE SIDE PROPERTY LINE. AND THERE IS A, THERE IS SEVEN FEET OF SPACE BETWEEN THE STRUCTURE AND THE SIDE PROPERTY LINE. THE FENCE MATERIAL WILL NO LONGER BE ON THE TABLE AS THE APPLICANT WILL BE REMOVING THAT 15 NOTICES WERE SENT OUT, ZERO IN OPPOSITION, ZERO IN FAVOR. NO RESPONSE FROM THE UNIVERSITY PARK NEIGHBORS ASSOCIATION AND NO RESPONSE FROM DONALD TERRACE, UH, NEIGHBORS ASSOCIATION AS WELL. WE DO HAVE THE APPLICANT JACK ON THE LINE. SIR, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION. UH, PRESS STAR SIX WHEN YOU'RE READY TO GO. SIR, YOU'RE ON MUTE RIGHT NOW. MR. BARAN HIT STAR SIX AND THAT'LL TAKE YOU OFF MUTE. STAND BY AS WE TRY TO GET THE APPLICANT. AM I OKAY NOW? YES, SIR. PERFECT, THANK YOU. MY NAME IS JACK RUBEN BURNELL. MY RESIDENTIAL ADDRESS IS 14, UM, UH, 1403, UH, EAST SUNSHINE. THE ADDRESS THAT WE'RE TALKING ABOUT IS 1257, I MEAN 1263 BANDERA ROAD, 7 8 2 2 8. IT'S IN, UH, IT'S NEXT TO MY FUNERAL HOME, UH, HILLCREST FUNERAL HOME. UM, BASICALLY WE SET IT BACK, UH, 23 FEET. WELL, WE THOUGHT IT WAS A A C TWO BECAUSE ACCORDING TO THE CITY, UM, UH, WHEN YOU PULL IT UP ON THE CITY, IT SHOWS C C THREE IN THE FRONT AND C TWO ON THE BACK. BUT, UH, THERE, THERE WAS A SLITTER, UH, A PROPERTY THAT WAS PURCHASED, I GUESS, AFTERWARDS. AND, UH, IT DIDN'T SHOW IT AS A, AS A C THREE, SO WE WENT BY THE VARIANCE OF A C TWO, BUT I'M REQUESTING NOW THAT WE'VE MADE THAT MISTAKE, I'M REQUESTING A, A, UH, A VARIANCE, I GUESS THEY CALL IT, UH, TO 23 FEET BETWEEN THE FOUNDATION, THE, THE BUILDING AND THE, AND THE RESIDENTIAL PROPERTY LINE. BASICALLY, THAT'S IT. OKAY. ATH IS THERE ANY, UH, PUBLIC COMMENTARY TO READ INTO THE RECORD? NO, SIR. NOTHING AT ALL, BASICALLY, YEAH. OKAY. I'M SORRY. OKAY. UH, AND LET'S START WITH SOME, UH, COMMISSIONER QUESTIONS. WHO WOULD LIKE TO GO FIRST? BRAGMAN UH, COMMISSIONER BRAGMAN. UH, THIS IS FOR THE APPLICANT. UM, MR. AL, WHAT'S THE PURPOSE OR WHAT, WHAT IS THAT GONNA BE USED FOR? IS THIS, IS IT A SLAB THAT'S GONNA BE A STRUCTURE? WHAT, WHAT'S THE PURPOSE OF THAT? WE, WE HAVE AN ENGINEERED METAL STRUCTURE THAT'S GONNA GO ON THERE AND IT'S, I'VE BEEN IN THE, IN THE FUNERAL BUSINESS NOW OVER 25 YEARS AND, AND WE'RE GOING THROUGH GROWING PAINS AND SO WE NEED TO EXPAND OUR OPERATION. OKAY. WE FOUND THAT OUT, UH, VERY, VERY MUCH SO, UH, DURING THESE, UH, DURING THESE TIMES OF THE EPIDEMIC, THE ENTIRE SLAB IS GONNA BE THE STRUCTURE? YEAH, IT'LL BE A METAL STRUCTURE FOR MEMORY STORAGE, UH, CASKET STORAGE AND THINGS OF THAT NATURE. ANYTHING RELATING TO THE FUNERAL HOME. OKAY. SO IS YOUR BUSINESS, UM, THROUGH FRIDAY, UM, YOU KNOW, WHAT, WHAT HOURS OF [00:30:01] OPERATION WOULD PEOPLE BE GOING IN AND OUT OF THAT STRUCTURE? IS MY QUESTION. IT'S BASICALLY BE, YEAH, IT'LL BE BASICALLY BE DAYTIME. WE DON'T HAVE NO, YOU KNOW, TRAFFIC GOING BACK THERE OR ANYTHING LIKE THAT. IT'S JUST A, UM, YOU KNOW, CONTINUATION OF WHAT WE HAVE, BUT WE DON'T NEED, WE DON'T NEED TO USE IT FOR PARKING BACK THERE OR ANYTHING LIKE THAT. OKAY. THANK YOU. ALRIGHT, ANY OTHER COMMISSIONER QUESTIONS? MANNA? HI, COMMISSIONER MANNA. UH, THIS QUESTION IS FOR THE APPLICANT. SO WHAT IS PROPOSED HEIGHT OF THE BUILDING THAT YOU'RE PUTTING IN, UM, RELATIVE TO, I GUESS, YOU KNOW, IS IT GOING TO IMPEDE THE VIEW, I GUESS, OF THE NEIGHBORS BEHIND YOU? IS IT WHAT NOW? WHAT WAS YOUR QUESTION? WILL IT BE IMPEDING THE VIEWS OF THE NEIGHBORS BEHIND YOU? NO, SIR. SO WHAT IS THE PLANNED HEIGHT OF THE BUILDING? OKAY, IT'S A SLANT BUILDING. IT'S, UH, 12 FEET ON THE LOW END AND 18 FEET ON THE, ON THE, ON THE FRONT END, WHICH IS THE, THE, THE, THE FRONT END FACING BANDERA ROAD, AND IT'S SET BACK ABOUT THREE OR 400 FEET FROM THE BANDERA ROAD. SO IT'S QUITE, QUITE A WAYS FROM, FROM THE, FROM THE BANDERA ROAD. OKAY. THANK YOU. OKAY. UH, ANY OTHER COMMISSIONER QUESTIONS? OKAY, SO I HAVE A, I HAVE A QUESTION, UH, FOR THE APPLICANT. UH, YOU HAD MENTIONED THAT THE, THE FENCE WAS, UH, OWNED BY THE RESIDENT NEXT DOOR, BUT IT IS, IT IS TO REMAIN TO YOUR KNOWLEDGE, CORRECT? YEAH, AS FAR, I DON'T KNOW WHAT THE, WHAT THE RESIDENT IS, IS PLANNING TO DO WITH THAT, BUT, UH, YEAH, THAT DOESN'T BELONG TO ME. THE, I DID TAKE DOWN THE CORRUGATED, UH, TIN UH, FENCING ON THE REAR, WHICH WAS ON MY PROPERTY, SO I TOOK ALL THAT DOWN, SO I DON'T NEED THAT VARIANCE ON THE METAL FENCING. OKAY. AND THEN FINALLY, WHEN, WHEN THE BUILDING IS CONSTRUCTED, UH, ARE YOU GONNA BE PUTTING, UM, UM, FLOOD LIGHTS OR ANYTHING ON THE SIDE OF THE RESIDENTIAL PROPERTY LINE? IS THAT PART OF THE, UH, PLAN AS WELL? I'M SURE WE'LL HAVE SOME LIGHTING IN THE, UH, IN THE FRONT OF THE BUILDING FOR, FOR PEOPLE TO WALK IN THE FRONT DOOR. SO, BUT OTHER THAN THAT, UH, I DON'T, I DON'T PLAN ON HAVING, HAVING A WHOLE LOT OF LIGHTING BACK THERE. IS THIS WITHIN AN M M L O D DISTRICT? THAT IS CORRECT, SIR. UH, WHAT, WHAT IS THAT? ML, M L O D TWO. SO, UH, OKAY. HE'LL HAVE TO ADHERE DURING PLAN REVIEW. HE'LL HAVE TO ADHERE TO THE LIGHTING REQUIREMENTS AND THE M L O D, SO OKAY. KNOW WHAT LIGHTING THINGS OF THAT NATURE. ALL RIGHT. THANK YOU. UM, I HAVE NO FURTHER QUESTIONS, UH, ANY MORE FROM ANY COMMISSIONERS. ALL RIGHT. UH, MR. AL, YOU HAVE AN OPPORTUNITY TO, UH, MAKE A CLOSING STATEMENT. UH, I'M, I'M GOING THROUGH ALL THE PROCESS. I'VE GOT A BUNCH OF ENGINEERS WORKING ON, ON ALL THE ASPECTS OF THE, OF THE BUILDING. I ALSO HAVE AN ENGINEER THAT I MET WITH THIS MORNING THAT I CONTRACTED LAST WEEK. UH, 'CAUSE I'M PLANNING ON, ON, UM, COMBINING ALL THE PROPERTIES AS ONE, YOU KNOW, ON THE, UM, ON THE PLATING PART OF IT. SO THAT'S GONNA BE GOING ON AND I'LL BE, I'LL BE GOING THROUGH THE CITY AND GOING ACCORDING TO WHATEVER I NEED TO DO, UH, TO, TO BE IN COMPLIANCE. OKAY. WELL, THANK YOU VERY MUCH, UH, WITH THAT IN MIND, UM, CLOSING THE PUBLIC HEARING, IS THERE A, UH, ANYONE LIKE TO MAKE A MOTION? MANANA, UH, COMMISSIONER MANNA REGARDING CASE NUMBER B O A 2 1 1 0 3 0 0 0 2 9. I MOVED THAT THE BOARD OF ADJUSTMENT GRANTS THE REQUEST FOR ONE A SEVEN FOOT VARIANCE TO THE 30 FOOT MINIMUM SIDE SETBACK, UM, TO ALLOW A STRUCTURE TO BE 24 FEET AWAY FROM THE SIDE PROPERTY LINE. UM, THE, UM, SITUATED AT 1 2 6 3 BANDERA ROAD APPLICANT BEING JACK R BURNELL, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. PARTICULARLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE REQUEST TO ALLOW A SEVEN FOOT ENCROACHMENT INTO THE SLIDE SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE APPLICANT HAS ADEQUATE SPACE, UH, FROM THE ADJACENT STRUCTURE. TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCES WOULD RESULT IN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN UNNECESSARY HARDSHIP. THE APPLICANT WAS INFORMED OF THE ZONING OF THE PROPERTY AND THE PROXIMITY OF THE CONCRETE SLAB TO THE SIDE PROPERTY LINE UPON AN INSPECTION. 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 [00:35:01] SETBACKS IS TO PROVIDE SPACING BETWEEN NEIGHBORS NEIGHBORING STRUCTURES, WHICH IS STILL BEING OBSERVED. 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 THIS VARIANCE IS THOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO REDUCE A PORTION OF SIDE SETBACK DOES NOT POSE A RISK OF SUBSTANTIAL IN SUBSTANTIAL INJ, SUBSTANTIAL INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE PROPERTY OWNER IS STILL WILLING TO PROVIDE THE NECESSARY BUFFER YARD TO MITIGATE EFFECTS ON ADJACENT PROPERTY. SIX. THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS THOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND 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 AND THE PROPERTY, NOR ARE MERELY FINANCIAL END OF MOTION. YOU HAVE A SECOND? WHO WOULD LIKE TO SECOND? SECOND? UH, UH, I'M GONNA GIVE THAT TO, UH, COMMISSIONER CRUZ. OKAY. SO COMMISSIONER MANNA, PLEASE LEAD THE DISCUSSION. UM, I WILL BE VOTED IN FAVOR OF THIS. UM, LOOKING AT THE PROPERTY, IT DOES APPEAR THAT THERE IS PLENTY OF SPACE, UH, ON THE PROPERTY AS WELL AS, UH, PLENTY OF SPACE IN THE, UH, BACKYARD OF THE ADJOINING PROPERTY OR A BUDDING PROPERTY. SO, SO I DON'T SEE AN ISSUE, UH, WITH REQUEST AS, UH, ASKED. THANK YOU. ALL RIGHT, COMMISSIONER CRUZ? UM, YES, I CONCUR. ALRIGHT. AND I THINK THAT THAT WILL BE A GREAT IMPROVEMENT TO THAT AREA. THANK YOU. THANK YOU. UH, ANY OTHER COMMISSIONERS LIKE TO ADD ADD TO THE DISCUSSION? UH, HEARING NONE, UH, STAFF, PLEASE TAKE A ROLL CALL VOTE. MICHELLE. I CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA. I CONCUR. MS. CRUZ? YES, I CONCUR. MANNA, I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. LOVE, I CONCUR. MS. FISHER? YES, I CONCUR. MR. THI YES, I CONCUR WITH THE FINDINGS OF FACT. MR. UNA. MR. UNA? YES. I CONCUR WITH THE FINDINGS OF FACT CHAIR ION. YES, AND I ALSO, I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. ALL RIGHT. UH, LET'S MOVE ON TO CASE NUMBER ONE. ITEM NUMBER ONE, AT THIS TIME, UH, COMMISSIONER MANNA WILL BE RECUSING FROM THE ITEM. TURN OFF THE CAMERA. UH, COMMISSIONER MANNA, WE'LL NEED YOU TO TURN OFF YOUR CAMERA, UH, DURING THIS CASE. ALL RIGHT, WE'RE GOOD. GO. WE'RE CALLING IN THE NEXT ONE. AT THIS TIME, WE'RE WAITING, SIR, WE'RE JUST TO MAKE SURE WE'RE GONNA GO AND, UH, AND NUMERICAL ORDER FROM THIS POINT ON, CORRECT? YES. OKAY. ATA, DO YOU WANNA START ON THE PRESENTATION OR DO YOU HAVE TO WAIT FOR THE APPLICANT? I BELIEVE THE APPLICANT IS ONLINE, SO I'LL START THE PRESENTATION AT THIS TIME. OKAY. SO THE [1. 21-2957 BOA-21-10300023] BO OA CASE, 21 1 0 3 0 0 0 2 3. ADDRESS IS 8 5 5 5 A BLINKEN COUNSEL DISTRICT SEVEN. APPLICANT IS PERRON A REQUEST FOR A 40 FOOT VARIANCE FROM THE 80 FOOT MAXIMUM FRONT SETBACK REQUIREMENT IN ORDER TO ALLOW A FRONT SETBACK OF 120 FEET. ZONING IS OH [00:40:01] TWO A H O D. SUBJECT PROPERTY IS LOCATED NORTH OF THE INTERSECTION OF ECKERD ROAD AND ABE LINCOLN PROPERTY IS CURRENTLY ZONED OH TWO. HIGH RISE OFFICE DISTRICT O TWO REQUIRES A FRONT SETBACK OF 25 FEET AND HAS A MAXIMUM FRONT SETBACK OF 80 FEET. THE APPLICANT IS PROPOSING A FRONT SETBACK OF 120 FEET IN ORDER TO PRESERVE A LARGE HERITAGE TREE LO IN THE CENTER OF THE PROPERTY, WHICH MEASURES OVER SIX FEET IN WIDTH. APPROXIMATE AGE OF THAT TREE IS OVER A HUNDRED YEARS OLD. SITE PLAN OF THE SUBJECT PROPERTY, SUBJECT PROPERTY TREE IN QUESTION IN THE BACKGROUND, I, AS YOU CAN SEE, IT'S RATHER LARGE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL AND B O OA 21 1 0 3 2 3 BASED ON THE FACT THE PROPOSED STRUCTURE WILL BE, UH, SET BACK HUNDRED 20 FEET, AND THE LIVE OAK TREE IS MORE THAN 80 FEET AWAY FROM THE FRONT PROPERTY LINE. THEY SENT OUT 15 NOTICES, ZERO RECEIVED IN FAVOR, ONE IN OPPOSITION. A FARM SAYS BABCOCK ROAD NEIGHBOR ASSOCIATION IS IN SUPPORT. AS YOU CAN SEE, IT'S RATHER LARGE. SIR, UH, MR. PERON, IF YOU CAN PLEASE TURN OFF THE AUDIO. THAT'S, WE'RE GETTING A LOT OF FEEDBACK FROM YOUR, UH, THE RECORDING. SO WE DO HAVE MARI UH, PERON ON THE LINE. SIR, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION. UH, YES, SIR. ARE YOU ABLE TO HEAR ME ALL RIGHT? YES, SIR. HELLO. OKAY. YES, MY NAME IS MARIUS PERON. THE LAST NAME STARTS WITH A P AS IN PIZZA. IT'S P E R R O N. AND, UM, AS YOU WERE SAYING, WE, UH, THE OAK TREE IS JUST A BIG, BEAUTIFUL THING, AND WE'RE KIND OF DESIGNING THE BUILDING SOMEWHAT SO THAT WE CAN VIEW THROUGH THE WINDOWS TO THE OAK TREE AND, AND, UH, IN ORDER TO COMPLY WITH THE ZONING REQUIREMENTS, WE WOULD HAVE TO THE OAK TREE'S RIGHT IN THE WAY. SO THAT'S WHY WE MOVED THE BUILDING BACK SOME IN THE, IN THE SITE PLAN. DO YOU NEED SOME MORE FROM ME? UH, WELL, IF I, CAN YOU PLEASE STATE YOUR ADDRESS FOR THE RECORD, PLEASE? THE ADDRESS WHERE I LIVE, OR THE ADDRESS OF THE TREE, UH, THE ADDRESS, UH, THAT, THAT WHERE EITHER YOU RESIDE OR WORK, SIR? YES. UH, MY RESIDENCE IS AT 6 6 1 0 BUFFALO HILLS, SAN ANTONIO, 7 8 2 5 6. THANK YOU VERY MUCH. UH, IS THAT, UH, THE CONCLUSION OF YOUR PRESENTATION OR WOULD YOU LIKE TO ADD ANYTHING ELSE BEFORE WE MOVE ON TO QUESTIONS? UM, I DON'T KNOW EXACTLY WHAT I WOULD ADD AT THIS POINT. Y'ALL HAVE, UH, STATED ALL THE FACTS. UM, I HAVE MY ARCHITECT ON THE LINE, THERE MAY BE SOMETHING I'M FORGETTING. HIS NAME IS CHARLES GATES. I BELIEVE HE'S ON THE CONVERSATION. YES. CAN YOU HEAR ME? YES, WE CAN. UH, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. IT'S CHARLES GATES. UH, ADDRESS 7 0 2 2. JOHN MARSHALL, SAN ANTONIO, TEXAS 7 8 2 4 0. UM, JUST WANTED TO ADD TO THIS THAT, UH, THE BUILDING IS IN VIOLATION OF THE 80 FOOT, UH, MAXIMUM SETBACK, BUT OBVIOUSLY IT IS DUE TO THE OAK TREE, AND WE ARE ALSO HAVING TO RESPECT A ROOT PROTECTION ZONE. THE 62 INCH DIAMETER TREES REQUESTING IS REQUIRING A 62 FOOT ZONE. AND, UH, WE JUST WANNA BE SURE THAT WE WE'RE FAR ENOUGH AWAY FROM DOING ANY POTENTIAL DAMAGE TO THE TREE. IT'S BEEN THERE OVER A HUNDRED YEARS, SO WE WANNA MAKE SURE IT STAYS AROUND A LOT LONGER. I ALSO NEED TO NOTE THAT THERE ARE A LOT OF TREES ON THIS SITE, AND IN POSITIONING THE BUILDING, I AM ALSO HAMSTRUNG A BIT BY TREES ON THE NORTH AND TREES TO THE WEST THAT ARE ALSO SIGNIFICANT. 28 INCH TREES, 19 INCH, THINGS LIKE THAT, OAK TREES THAT WE WANT TO KEEP ALSO. SO WE'VE KIND OF GOT THE BUILDING TUCKED IN AND WITHOUT MUCH, UM, ABILITY TO MOVE IT ANYWHERE ELSE, IT, IT PRETTY WELL FITS WHERE IT NEEDS TO. ALL RIGHT. WELL, THANK YOU VERY MUCH. ARE THERE ANY COMMISSIONER QUESTIONS? OH, ZUNA. HI, COMMISSIONER ZUNA. DO WE KNOW THERE, THERE'S ONE OPPOSITION FOR THE PROPERTY ADJOINING, I GUESS, THE CORONER OF THE PROPERTY? DO WE KNOW WHAT THEIR, UM, THE BASIS OF THEIR OBJECTION? THAT'S FOR STAFF, I GUESS, SIR, COULD YOU REPEAT YOUR QUESTION? YES. THERE'S ONE OPPOSITION TO A PROPERTY OWNER ADJOINING TO THE REAR OF THE [00:45:01] PROPERTY. DO WE KNOW WHAT THEIR OBJECTION IS? THE NATURE OF THEIR OBJECTION? WELL, I'VE GOT THE, THE EMAILS HERE. THAT ONE OPPOSITION ONE IN FAVOR. I WAS GONNA READ THOSE INTO THE RECORD IN A SECOND WHEN Y'ALL ARE READY. OKAY. UH, GO AHEAD AND DO THAT. I, I SHOULD HAVE ASKED FOR THAT BEFORE WE WENT TO QUESTIONS, UH, SPEAK. GO AHEAD. OKAY. SO THIS ONE IS FROM STEVEN BECKER, UM, FROM THE DATE HERE AT 8 4 6 4 BARON, UH, MS. FI, I'M OPPOSED TO THE VARI, UH, VARIANCE REQUESTED AT TO PROPERTY AT 8 5 5 5 A LINCOLN. DUE TO THE POTENTIAL OF INCREASED NOISE, MY HOUSE WOULD BE VERY CLOSE TO WHERE THE PROPOSED STRUCTURE WOULD BE BUILT, AND I WOULD PREFER TO KEEP THE PEACE IN QUIET, UH, WE CURRENTLY ENJOY. THEN THE SECOND IS FROM, UH, PHILLIPA VICE PRESIDENT, PRESIDENT ALAMO FARMSTEAD BABCOCK ROAD NEIGHBORHOOD ASSOCIATION. THIS RESPONSE IS FROM THE ALAMO FARMSTEAD NEIGHBORHOOD ASSOCIATION. WE ARE IN FAVOR OF BO O A 21, UH, CASE 23, AND LOOK FORWARD TO THE DE DEVELOPING A NEW COMMUNITY BA BUSINESS PARTNER. I REACH OUT TO THE COMMUNITY, UH, VIA DIRECT EMAIL AND TO NEIGHBOR.COM FOR INPUT. IN GENERAL, EVERYONE WAS, UH, WHO RESPONDED WAS IN FAVOR, THOUGH SOME HAD EXPECTATIONS, UH, FROM MINIMAL TRAFFIC, MINIMAL NOISE, FAVORABLE HOURS OF OPERATION, PRESERVATION OF THE TREE, THE ADDITION OF MORE NATIVE LANDSCAPING. LET'S SEE, WERE THEY, UH, DARK SKY LIGHTING AND MINIMAL, UH, SIGNAGE. I DID REACH OUT TO MR. PERON AND HE FAVORABLY ADDRESSED MOST OF THESE QUESTIONS. I HAD NOT HEARD FROM THE NEIGHBORS, UH, WITHIN THE 200 FEET PERIMETER, BUT WAS SUCCESSFUL, UH, WITH TALKING TO THE OWNER OF MOTHER DAY, UH, EARTH CHURCH. HE WAS CONCERNED AND LIKELY WOULD NOT SUPPORT THE REQUEST, UH, BUT IT APPEARED THAT MOST OF HIS, UH, CONCERNS WERE FOR NOISE AND TRAFFIC, WHICH I BELIEVE, UH, PRIOR OUR DISCUSSION WITH MR. PERON WILL NOT BE AN ISSUE. MR. PER PERON INDICATED I HAVE THREE SHIFTS AND 15 STUDENTS EACH, ALTHOUGH HIS PLANS TO CALL, UH, FOR 25 PARKING SPACES, AND MAY, MAY BE BENEFICIAL FOR MR. PERONE TO CONSIDER ADDING EXTRA BUFFER LANDSCAPING, UH, WITH RESIDENTIAL PROPERTIES ABUTTING THE REAR OF THE PROPERTY. THAT CONCLUDES ALL THE COMMENTARY. UH, UH, IS THAT, UH, COMMISSIONER MANON? IS THAT YOU THAT WROTE THAT? THAT IS CORRECT. THAT IS COMMISSIONER MANNA. THAT'S WHY, THAT'S WHY HE HAD TO RECUSE. OKAY. OKAY. I JUST WANTED TO, UH, MAKE SURE. ALL RIGHT. THANK YOU. OKAY. THIS IS CHARLES GATES. I WOULD LIKE TO ADDRESS A COUPLE QUESTIONS THERE FROM . HOLD ON. WE HAVE, WE HAVE, UH, WE'RE OPENING UP TO COMMISSIONER QUESTIONS, SO WE, YOU'LL HAVE AN OPPORTUNITY TO MAKE A CLOSING REMARK IF, IF YOUR QUESTION IS NOT ASKED THAT YOU'RE LOOKING FOR. THANK YOU. UH, WHO WOULD LIKE TO CONTINUE ON WITH QUESTIONS? MACHACA. HI, COMMISSIONER MINKA. UH, AND SUCH A BUILDING BEING CONSTRUCTED LIKE THIS, UH, AND I'M TRYING TO ASSESS THE SITE PLAN IN TERMS OF THE LIGHTING AND THE SURROUNDING NEIGHBORS AND TO THE REAR. COULD, COULD HE EXPLAIN THAT THE DIRECTION OF THE LIGHTING? IS IT, IN OTHER WORDS, IS IT LIKE, UH, LITTLE CANOPY OVER THE LIGHT, OR THE LIGHT'S GONNA BE SO DIFFUSED EVERYWHERE, UH, AROUND THE BUILDING, ESPECIALLY THE SIDES AND THE BACK? I BELIEVE THAT'S TO YOU, MR. GATES. UH, YEAH, NO, WE HAVE, UH, UNDER, UM, ALL OUR LIGHTING IS DOWN LIGHTING UNDERNEATH THE EAVES. IT WILL NOT LIGHT OUT, UH, TO ANY OF THE ADJACENT PROPERTIES. IT'S BASICALLY JUST FOR A LOW PERIMETER PERIMETER LIGHTING AROUND THE BUILDING AS A SECURITY THING IN THE EVENING. OKAY. YES. UH, DOES THAT THAT ADDRESS YOUR QUESTION, SIR? YES, IT DOES. THANK YOU. OKAY. UH, ANY OTHER COMMISSIONER QUESTIONS? AND ONE MORE I WOULD LIKE TO ASK ONE MORE, PLEASE. YEAH, SURE. GO AHEAD. UH, I'M SEEING THE PROPERTY, BUT I DON'T SEE NO FIRE HYDRANT. HOW IS THAT MANAGED? THE FIRE HYDRANT IS JUST, UH, OKAY, IF YOU'RE ENTERING THE SITE RIGHT NEXT, GOING WEST FROM, UH, EXCUSE ME, FROM, UH, ABE LINCOLN, THERE'S A, YOU'LL SEE A CIRCLE RIGHT THERE. IT'S AN EXISTING FIRE HYDRANT, UH, WHICH IS ONE REASON WE LOCATED THE ENTRANCE. AT THAT POINT, WE, WE MEET ALL THE CONDITIONS FOR, UH, FIRE LANE. THANK YOU, SIR. UH, ARE THERE ANY OTHER COMMISSIONER QUESTIONS? OKAY, I HAVE A QUESTION. UH, UH, MR. GATES, THIS PROPERTY IS, IS THAT A DETENTION POND? I'M SEEING DOWN THE MAIN DRIVEWAY, SIR. OKAY. YES, SIR. AS WE OPTED, NOT, YEAH, GO AHEAD. NO, NO, THAT'S, I WAS JUST, IT, IT SEEMS LIKE THAT WOULD BE ANOTHER RE IF THAT'S ON THE LOW OF YOUR PROPERTY, IT WOULD BE ANOTHER REASON WHY YOU HAD TO PUSH THE BUILDING A LITTLE FURTHER BACK. UH, AND I WOULD JUST WANNA MAKE, THERE WAS A CONCERN RAISED BY A RESIDENT, UH, BEHIND YOU ABOUT INCREASED NOISE. UH, PERHAPS YOU OR, OR, UH, MR. PERRIN COULD, COULD COMMENT ON THE, UH, POTENTIAL FOR NOISE THAT'S COMING, THAT, THAT MIGHT, UH, COME OUT OF THE SCHOOL BEING THERE. OKAY. I, I'LL, I'LL TAKE THAT ONE. GO AHEAD. MAR UH, THIS, THIS IS MARIUS PERONE. CAN I GO AHEAD AND TAKE THAT QUESTION? YES, SIR. ABSOLUTELY. ALRIGHT. THE, THIS, THIS BUILDING [00:50:01] IS GOING TO BE A TRADE SCHOOL, SOMETHING I STARTED IN SAN ANTONIO IN 1978, AND I'VE NEVER HAD MY OWN BUILDING, BUT THIS IS GONNA BE OUR FIRST, UH, THIS WILL BE THE SCHOOL LOCATION. AND WHAT WE TEACH IN THIS SCHOOL IS LIKE MUSIC PRODUCTION AND SOUND ENGINEERING. IN OTHER WORDS, IF YOU GO TO A, A, UH, A, A A RECORDING STUDIO AND THEY'RE MAKING MUSIC THERE, WHAT I DO IS I TEACH HOW TO RUN THE EQUIPMENT TO, UH, RECORD MUSIC. WELL, IN ORDER TO DO THIS PROPERLY, UH, WE HAVE TO BUILD THE WALLS VERY THICK AND SOUNDPROOF SO THAT THE SOUND WON'T COME IN AND THE SOUND WON'T GO OUT. SO THAT, THAT, THAT WILL DEFINITELY, UM, THERE'S NOT GONNA BE A NOISE FACTOR OUTSIDE THE BUILDING, UH, BECAUSE WE ARE BUILDING THE WALLS, UH, ESPECIALLY, UH, INCREASED, UH, THICKNESS. OKAY. WELL, THANK YOU FOR CLARIFYING THAT. I'M SURE THE RESIDENT WOULD IS, WOULD BE GLAD TO HEAR THAT. UM, IS THERE ANY OTHER QUESTIONS BEFORE WE CLOSE? BRAD, THIS IS CHARLES GATES. I'D LIKE TO ADD A COMMENT IF I COULD PLEASE. UH, SURE. GO AHEAD. I'M TAPPING IN THERE. UH, YES. UH, TO ADD TO WHAT, UH, MR. PERONE HAD SAID, THE WALLS FOR THE STUDIO AND THE EXTERIOR WALL, IT'S DOUBLE THICKNESS WALLS, BOTH HIGHLY INSULATED. THE RECORDING ROOMS ARE ACTUALLY STEPPED AWAY FROM THE SHELL STRUCTURE BY A COUPLE OF INCHES IN ORDER TO MINIMIZE SOUND ON IT. IN ADDITION, THIS BUILDING'S LOCATED OVER 400 FEET FROM THE WEST PROPERTY LINE, WHICH IS STILL ANOTHER SEVERAL FEET FROM THAT TO THE PERSON WHO WAS OBJECTING TO IT. UH, AND THERE'S A, IT'S HEAVILY LANDSCAPED WITH ALL THE EXISTING TREES. UH, THERE WAS A REQUIREMENT IN THE, UM, DEVELOPMENT CODE FOR THE NUMBER OF PARKING SPACES WE HAVE. UM, WE'RE STUCK WITH BECAUSE OF THE SQUARE FOOTAGE OF THE BUILDING, WE'RE STUCK WITH THE MINIMUM 25 FOR A, UH, UH, B OCCUPANCY. AND, UM, THE SOUND, THE, UH, BUFFER THAT WAS REQUESTED, WE, UH, HAD OUR LANDSCAPE ARCHITECT GO DOWN AND THE REQUIRED BUFFER IS ONLY 30 FEET WIDE PLANTED, AND HE WAS ABLE TO GET THE, UH, I, NOT A VARIANCE, BUT TO GO WITHOUT THE BUFFER BECAUSE WE HAVE OVER THREE OR 400 FEET OF EXISTING BUFFERED PLANTED LAND, WHICH WOULD EXCEED A DESIGNED BUFFER AS FAR AS SOUND BLOCKING. OKAY. THANK YOU. UH, AND I BELIEVE COMMISSIONER RACKMAN HAD IT QUESTION I DID, BUT THE APPLICANT ANSWERED IT ALREADY, SO THANK YOU. YOU ARE WELCOME. UH, IS THERE ANY OTHER COMMISSIONER QUESTIONS PER COMMISSIONER CRUZ? UH, YES. IT'S FOR THE APPLICANT. SIR. I, I UNDERSTAND THE TREES THAT ARE IN FRONT. HOW MANY OF THOSE ARE YOU GONNA HAVE TO TAKE DOWN? UM, THIS, THIS IS MARIUS PERONE. CHARLIE, DO YOU WANT TO TAKE THAT? UH, YOU'RE PROBABLY MORE FAMILIAR TO ANSWER THAT QUESTION ABOUT, SHE'S ASKING ABOUT HOW MANY TREES WE HAVE TO REMOVE. RIGHT. I THINK WE'RE MOVING ABOUT EIGHT TO 10 TREES. SOME ARE DEAD, SOME ARE, UH, HACK THEORY. THERE ARE NOT SIGNIFICANT TREES. UH, BUT WE'RE REALLY TRYING TO KEEP THE MAJORITY OF 'EM, ESPECIALLY THESE OAK TREES. AND THAT'S WHAT YOU SEE WITH THE DOTTED LINES OF THE ROOT PROTECTION ZONES AROUND THE MAJOR TREES. OKAY. SO ARE YOU GONNA REPLACE SOME OF THOSE TREES IF YOU CAN? YES. YES. WE HAVE NEW TREES PLANTED FOR THE, UH, LAND ON THE LANDSCAPE PLAN THAT'S IN THE CITY. OKAY, GREAT. THANK YOU. ALL RIGHT. ANY OTHER QUESTIONS? I HEARING NONE, UH, THE APPLICANT, YOU HAVE AN OP FOR THE APPLICANT. YOU HAVE AN OPPORTUNITY TO MAKE A, UH, UH, TWO TO THREE MINUTE CLOSING STATEMENT BEFORE WE TAKE A VOTE. UH, WOULD YOU LIKE TO, ANYTHING YOU'D LIKE TO ADD? UM, THE ONLY THING I MIGHT, UH, SAY IS TO REINFORCE WHAT THE ARCHITECT MR. GATES SAID, AND THAT IS THAT, UM, THERE'S LIKE 300 FEET OF JUST, UH, TREES AND SHRUBS AND A WHOLE BUNCH OF, UH, A LONG LENGTH BETWEEN, UH, BETWEEN OUR BUILDING AND THE NEIGHBOR THAT OBJECTED. UH, SO IT, UM, THAT I, I DON'T THE NOISE AND THEY, ANOTHER, THEY CAN'T EVEN SEE US. THERE'S SO MANY TREES AND SHRUBS. THIS IS A FOUR ACRE PIECE OF LAND, SO THEY'RE FAR, FAR AWAY BACK THERE. OKAY. AND, AND I GUESS THAT'S IT. THAT'S IT. THANK YOU. UH, STAFF, CAN YOU PLEASE, UH, I APOLOGIZE. UH, COMMISSIONER, LIKE TO, ANY COMMISSIONER LIKE TO MAKE A MOTION TEAL, UH, COMMISSIONER THIEL REGARDING CASE NUMBER BO A 21 DASH 1 0 3 0 0 2 3. [00:55:01] I MOVED THAT THE BOARD OF ALDERMAN, EXCUSE ME, BOARD OF ADJUSTMENT GRANT, THE REQUEST FOR 40 FOOT VARIANCE FROM AN 80 FOOT MAXIMUM FRONT SETBACK REQUIREMENT IN ORDER TO ALLOW THE FRONT SETBACK OF 120 FEET SITUATED AT 8 5 5 5 A LINCOLN APPLICANT BEING MARION PERON. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE VISUAL PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITTLE ENFORCEMENT OF THE UNIT PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIPS. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. THE REMOVAL OF A HERITAGE TREE OF THIS SIZE WOULD BE CONTRARY TO THE PUBLIC INTEREST AND THE TREE CANOPY OF SAN ANTONIO. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE 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. IN ORDER TO CONSTRUCT THE BUILDING AT THE MAXIMUM SETBACK DISTANCE, THE PROPERTY OWNER WOULD NEED TO REMOVE A LARGE HER HERITAGE LIVE OAK TREE. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE. SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE FRONT SETBACK IN THE O TWO DISTRICT IS TO PROVIDE SPACING BETWEEN RIGHT OF WAY AND HIGH-RISE OFFICE BUILDING. HOWEVER, LAND CONSTRAINTS CAUSE A CONFLICT AND MOVING THE BUILDING FURTHER BACK WOULD STILL OBSERVE THE SPIRIT OF THE ORDINANCE, OR THE VARIANCE WILL NOT AUTHORIZE AN OPERATION OF A USE OTHER THAN THOSE, SPECIFICALLY 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 BY THE DISTRICT. FIVE. SUCH A VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO INCREASE THE MAXIMUM FRONT SETBACK 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 PROPERTY OWNER IS STILL WILLING TO PROVIDE ALL THE OTHER, ALL OTHER NECESSARY SETBACKS AND LANDSCAPING BUFFER YARDS TO MITIGATE EFFECTS ON ADJACENT PROPERTIES. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING UNDER 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 RESULTS OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LO LOCATED. THE BOARD FINDS UNIQUE CIRC CIRCUMSTANCES EXISTING ON THE PROPERTY. WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOR ARE THEY MERELY FINANCIAL. THE PLIGHT OF THE OWNER WAS CREATED BY THE LOCATION OF A HERITAGE TREE ON THE PROPERTY. END OF MOTION. SECOND. SECOND . OH, APOLOGIZE. I WAS, I WAS, YES, I WAS MUTED. UM, JUST FOR THE, JUST SO EVERYONE ON THE BOARD KNOWS, UH, MY ROOF IS BEING REPLACED AT MY OFFICE, SO I'VE BEEN TRYING TO MUTE MYSELF A LITTLE BIT TO AVOID UNNECESSARY NOISE. BUT WITH THAT IN MIND, UH, THE SECOND GOES TO COMMISSIONER BRAGMAN. COMMISSIONER THIEL, PLEASE LEAD THE DISCUSSION. UH, YES, SIR. UH, I'LL BE VOTING IN SUPPORT OF THIS. UH, I THINK BOTH THE ARCHITECT AND THE APPLICANT HAVE, UH, GONE TO, UH, GREAT CIRCUMSTANCES TO, TO TRY TO MAKE THIS WORK ON THE SITE, UM, TO PRESERVE NOT ONLY THE, THE MAJOR HERITAGE TREE, BUT ALL, YOU KNOW, SEVERAL OTHER TREES ON THE PROPERTY. UM, I ALSO THINK IT'S A REALLY INTERESTING BUSINESS, AND SO KIND OF EXCITED IT'LL BE LOCATED HERE IN SAN ANTONIO. ALL RIGHT, COMMISSIONER BECKMAN? UH, YES, I'M GONNA BE IN SUPPORT OF THIS MOTION AS WELL. UM, I THINK THAT, YOU KNOW, WE, WE TYPICALLY, UM, TAKE INTO CONSIDERATION WHEN NEIGHBORS HAVE CONCERNS, UM, REGARDING THE VARIANCE REQUESTS. BUT I THINK THAT, UH, GIVEN THE DISTANCE FROM, UH, THE BUILDING TO THE NEAREST NEIGHBOR, AS WELL AS ALL THE VEGETATION IN BETWEEN THAT'S GONNA, UH, BAFFLE THE SOUND, I DON'T THINK THERE'S GONNA BE A NOISE ISSUE. SO AGAIN, I'LL BE IN SUPPORT. ALL RIGHT. FANTASTIC. UH, ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? I HEARING NONE. STAFF, PLEASE TAKE A ROLL CALL VOTE MS. MICHELLE. I CONCUR WITH THE FINDINGS OF FACT. MS. MANCHACA. I CONCUR. MS. CRUZ? YES, I CONCUR. MS. BRACKMAN, I CONCUR WITH THE FINDING OF THE FACT. MR. LOVE. MR. LOVE. HOW COME I'LL COME BACK. YOU, SIR. MS. FISHER? YES, I CONCUR. MR. THI YES, I CONCUR WITH THE FINDINGS OF FACT. MR. UNA? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACTS. AND MR. LOVE, TRY THIS AGAIN. [01:00:06] I AM NOT SEEING HIM ON THE CALL. I'M NOT, I'M NOT SEEING HIM EITHER, BUT WE NEED HIM BECAUSE WE'RE DOWN TO EIGHT, RIGHT? THAT IS CORRECT. I DON'T KNOW WHAT HAPPENED TO COMMISSIONER LOVE. LEMME TRY TEXT IN RIGHT NOW. MATTHEW, DO YOU KNOW WHEN WE LOST HIM? NO, SIR. I DON'T. AND HE'S NOT ANSWERING HIS PHONE EITHER. UH, IS IS IS THE, UM, THE BOARD LEGAL COUNSEL ON THE LINE? WE HAVE HIM HERE. OKAY. UM, WELL, WE HAD, WE HAD HIM AT THE BEGINNING. UH, HOW DOES THIS WORK IF HE, IF WE CAN GET AHOLD OF THEM AND HE CAN CAST A VOTE? WAS DOES THE COUNTER, DOES HE HAVE TO BE PRESENT DURING THE ENTIRE, UH, COURSE OF THE CASE? WE'LL HAVE TO VERIFY WITH HIM, UM, WHEN HE DROPPED OFF ON THE CALL. AND IT'S ESSENTIALLY, UM, UP TO HIM IF HE'S, IF HE LISTENS, UH, OR WAS PRESENT FOR, YOU KNOW, UH, THE DELIBERATION. UM, BUT WE NEED TO MAKE CONTACT WITH HIM. OKAY. IF HE, IF HE, UH, IF IT IS FOUND THAT HE IS NOT PRESENT THIS CASE AUTOMATICALLY, UH, GO TO THE NEXT MEETING. YES, SIR. ULTIMATELY, THE, WE CAN CONTINUE TO THE NEXT MEETING. UM, AS I MENTIONED, WE ONLY HAVE THREE ITEMS ON THAT, THAT AGENDA. OKAY. WELL, WE HAVE, UM, SINCE, SINCE YOU HAVEN'T GOTTEN AHOLD OF HIM YET, I THINK WE CAN MOVE ON TO, UH, ITEM NUMBER THREE. UH, AS LONG AS WE CAN, UH, HEAR BACK FROM HIM AND, AND HAVE STAFF MAKE THAT DETERMINATION BY THE END OF THE MEETING, I, I THINK THAT WOULD BE THE APPROPRIATE WAY TO GO WITH THIS. OKAY, SIR. THAT WOULD WORK. AND THEN, UM, WE'LL BRING MR. MANNA BACK ON. MR. MANNA, WHEN YOU'RE READY, CAN UH, TURN YOUR CAMERA BACK ON AND WE CAN START THE NEXT ITEM. OKAY. WAITING FOR CONFIRMATION FROM MR. MANNA AND THEN WE CAN START THE NEXT ITEM. SURE. UM, YOU KNOW, BEFORE THE LAST CASE, JUST MAKE SURE YOU LET, LET US ALL KNOW IF HE, UH, YOU GOT AHOLD OF HIM AND WHAT, WHAT YOU'VE DETERMINED. YEAH, I'VE, I'VE TEXTED HIM AND I'VE CALLED HIM, UM, NO RESPONSES YET. I KNOW HE WAS, HE SAID HE WAS SIX. I'M NOT SURE WHAT, WHAT'S TAKING PLACE. OKAY. THANK YOU. AND, UH, I'M BACK ON. UM, MR. MANN IS BACK ON THE LINE. ALL RIGHT, SO WE HAVE A QUORUM AGAIN. UH, ITEM THREE, PLEASE. OKAY. ITEM [3. 21-2924 BOA-21-10300031] THREE, C O 8 21. 1 0 3 0 0 0 3 1. ADDRESS IS AT 1511 NORTHWEST CROSSROADS COUNCIL. DISTRICT SIX. APPLICANT IS LEE MAGNUM REQUEST FOR ONE OF 14 FOOT 11 INCH VARIANCE FROM THE 15 FOOT TYPE B LANDSCAPE BUFFER. A YARD REQUIREMENT TO ALLOW A BUFFER YARD TO BE ONE INCH ALONG THE NORTH PROPERTY LINE TWO, A NINE FOOT 11 INCH VARIANCE FROM THE 10 FOOT, UH, TYPE A LANDSCAPE BUFFER YARD REQUIRED ALONG THE EAST PROPERTY LINE AND ZONING C TWO M L O D TWO. NEXT SLIDE. SUBJECT PROPERTY LOCATED ALONG THE TWO THIRD AFFAIRS PETRANKO AS A BEING A PRIMARY ARTERIAL TYPE A IN THE NORTH AND NORTHWEST CROSSROADS BEING A COLLECTOR ROAD ON THE SOUTH AREAS SURROUNDED BY VARIOUS USES LIKE RESIDENTIAL COMMERCIAL OFFICES. IT IS ABIDING THE, THE N SS A UH, AGENCY, UH, SITE. THE APPLICANT IS REQUESTING VARIANCES TO DEVELOP A VACANT LOT AND CONSTRUCT AN INFORMATION TECHNOLOGY BUILDING. DO THE EXISTING EXISTENCE OF THE PRIMARY ARTERIAL. A UM, COLLECTOR UC REQUIRES A MINIMUM OF 15 FEET OF BUFFER YARD AND 10 FEET ALONG THE EAST SIDE. THE APPLICANT STATED THAT THE DATA CENTER REQUIRES HIGH SECURITY MEASURES AND BECAUSE OF A 14 FOOT ELECTRIC GAS AND CABLE EASEMENT, THE SECURITY FENCE IS SET TO BE 14 FEET AWAY FROM THE PROPERTY LINE. THE APPLICANT IS, IS PROPOSING TO PLANT THE BUFFER YARD VEGETATION FURTHER INTO THE SITE. THE BUFFER YARD WILL NOT BE, UH, USED FOR ANY, UH, FOR ANY CONSTRUCTION. COPY OF THE SITE PLAN. THIS IS AN IMAGE OF CROSS CROSSROADS SURROUNDING AREA [01:05:03] ARANCO AND CROSSROADS. PETRANKO STAFF RECOMMENDS APPROVAL OF D OA 23 1 BASED ON FOLLOW. APPLICANT IS USING THE BUFFER TO SET UP A BUFFER. UH, THE SECURITY FACILITIES AND THE BUFFER AREA WILL NOT ACCOMMODATE ANY CONSTRUCTION LANDSCAPE. VEGETATION WILL BE PLANTED FURTHER BACK INTO THE PROPERTY LINE. NEXT SLIDE. 16 NOTICES WERE SENT OUT. ZERO IN FAVOR, ONE IN OPPOSITION. AND THERE'S NO, NO NEIGHBOR DISSOCIATION. WE DO HAVE LEE MANGUM ON LINE. LEE, WHEN YOU'RE READY, PLEASE STATE YOUR NAME, ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION. UH, MY NAME IS LEE MANGUM. UM, I'M WITH PAWSON ENGINEERS, UH, SENIOR PROJECT MANAGER, UH, FOR THIS PROJECT. MY ADDRESS HERE AT, UH, PAWSON IS UM, 2000 NORTHWEST LOOP, UH, FOUR 10 SAN ANTONIO, TEXAS. YOU CAN START YOUR POSITION. YEAH. AS FAR AS THIS GOES, UM, YOU'RE ASKING FOR A BUFFER ZONE ALONG, UH, PETRANKO ROAD. UM, THAT, UH, PARTICULAR ROAD IS, UH, UH, VERY CONGESTED, UH, AND, AND, AND NOT SOMETHING THAT, UH, PROBABLY NEEDS ANY KIND OF, UH, BUFFER ZONE BECAUSE, UH, THERE'S A, A LARGE, UH, UH, MOUND ALONG THAT, UH, LOCATION. AND, UM, YOU ACTUALLY CAN'T REALLY SEE THE SITE AT ALL ALONG, UH, PETRANKO ROAD AS YOU LOOK TOWARDS, UH, THE DATA CENTER. UH, SO IT'S ALREADY GOT, UH, KIND OF A NATURAL BUFFER, UH, BECAUSE OF THE, THE NATURAL TERRAIN THERE AT PETRANKO. UM, THAT WOULD BE ON THE NORTH SIDE. UH, THE EAST SIDE IS, UH, THERE ALONG NORTHWEST CROSSROADS. UM, THAT LOCATION IS, UH, ACROSS FROM A RESIDENTIAL AREA, UM, MULTI-FAMILY ITEMS. UM, THAT STREET I DON'T THINK IS VERY WELL TRAVELED. THERE'S PROBABLY NOT A LOT OF TRAFFIC, BUT, UM, OUR FACILITY WITH THE HIGH SECURITY, UM, HAS A FENCE, UM, UH, OFF FROM THE PROPERTY LINE. UM, THERE'S ALSO A, AN ELEMENT OF THE BUILDING, IT HAS TO BE LIKE 300 FEET, UM, INSIDE OF THE SITE. IT'S KIND OF A BLAST ZONE, UH, AWAY FROM THE BUILDING. SO THERE'S A LONG, LARGE DISTANCE, UH, UH, FROM THE PERIMETER OF THE SITE TO THE BUILDING. UH, THAT AREA WILL BE, HAS TREES, NATURAL TREES IN IT, UH, PROBABLY SOME LANDSCAPED AREA. UH, A FEW MORE ADDITIONAL TREES IN BETWEEN THAT AREA. BUT THE POINT BEING IS THAT SINCE THAT IS SO FAR, UH, FROM, UH, THE STREET, UM, IN THE NEIGHBORS, IT'S, IT'S, IT'S QUITE A BIT BACK. THERE'S JUST A NATURAL DISTANCE BUFFER THERE THAT'S HAPPENING. UM, SO, UH, NOT ABLE TO PUT, UH, THOSE, THAT BUFFER ALONG THAT FENCE BECAUSE IT WOULD, UM, BLOCK VISUAL, UM, CAMERAS FROM SEEING, UM, YOU KNOW, ANYBODY THAT MAY BE TRYING TO GET OVER THAT FENCE. AND THEN IF TREES WERE THERE, THEY COULD ACTUALLY USE THOSE TREES TO, TO CLIMB THE FENCE. UM, SO, UM, THAT, THAT'S WHY WE, WE, WE, UH, DON'T WANT THAT. AND AS FAR AS THE, UH, THE SPIRIT OF, UH, YOU KNOW, THE BUFFERS, UM, THAT IS TO, YOU KNOW, TRY TO, UH, UH, NOT, UH, SHOW CLUTTER, UM, ON A NEIGHBORING SITE. UM, AND SO WE ARE NOT GOING TO BE PROVIDING ANY CLUTTER FOR THE, UH, RESIDENTIAL AREA THERE, AS ANYTHING THAT'S AROUND THE BUILDING WILL BE SCREENED. AND THEN OF COURSE, IT'D BE VERY FAR AWAY FROM, UH, THE ROAD ITSELF. SO, UH, I THINK WE'RE, WE'RE GOOD WITH THE, THE SPIRIT OF, OF THE, UH, OF THE CODE THERE. UH, THAT'S BASICALLY IT, AND WILLING TO, UH, RESPOND TO ANY QUESTIONS YOU MIGHT HAVE. OKAY. STAFF, IS THERE ANY, UH, PUBLIC COMMENTARY TO READ INTO THE RECORD? YES, SIR. UH, THERE'S ONE IN OPPOSITION. IT'S FROM, UH, TIM LAUER AT, UM, DOESN'T HAVE HIS ADDRESS HERE, ACTUALLY DOES 7 5 2 6 BURY DRIVE. THEY IN OPPOSITION. THANK YOU FOR SAYING NOTICE OF THIS CASE INVOLVEMENT FOR THE, FOR THOSE OF US WHO LIVE WITHIN 200 FEET OF THE CONSTRUCTION ZONE AT PETRANKO, THIS GOVERNMENT FACILITY THAT HAS ALREADY BEEN CONSTRUCTED, THE CONSTRUCTION HAS BEEN GOING ON, UH, FOR MONTHS, HAS CAUSED MONTHS OF UNHEALTHY, UH, DUST IN OUR NEIGHBORHOOD AND SPECIFICALLY OUR HOME. THE EXTREME AMOUNT OF WHITE POWDER DUST, UH, THAT COVERS OUR HOME PLANT LIFE HAS FILLED OUR LUNGS FOR THE LAST MONTH, UH, IS OVERWHELMING [01:10:01] AS THE WALLS, UH, TO THIS FACILITY GREW UP. WEEK OF APRIL FIVE, WE RECEIVED NOTICE OF INQUIRY, UM, IF WE OPPOSE A BILL. I FIND THIS NOTICE INSULTING AT THIS POINT. THE NEIGHBORS OF THIS PROJECT HAVE BEEN, UH, SEEN IT, FELT IT BREATHED IT. UH, DO WE REALLY HAVE A VOICE IN THE CONTINUED PROGRESS OR IN THE, THE FORMALITY OF, OF THE LAW REQUIRES? WILL IT BE BUILT REGARDLESS OF OUR VOICE CON VOICE CONCERNS? UM, THEY OPPOSE THE BILL AND VOTE AGAINST, UH, BO, A 1 0 3 0 0 0 3 1. I LOOK FORWARD TO THE CORRESPONDENCE WITH SOMEONE FROM THE SAN ANTONIO DEVELOPMENT SERVICES DEPARTMENT. UM, AND IT AGAIN IS FROM TIM LAUER. WE DID RESPOND TO THE GENTLEMAN EARLIER TODAY, SO AT THIS TIME HE'S IN OPPOSITION. OKAY, THANK YOU. SO IS THERE ANY COMMISSIONER QUESTIONS? MACHACA, UH, COMMISSIONER MINKA DONE DOWN THE STREET. THERE'S ANOTHER GOVERNMENT FACILITIES, AND, UH, I'M ASKING THIS QUESTION TO STAFF. IS THERE ANY KIND OF LIMIT ON THE HEIGHT OF THE COMMUNICATION TOWERS OR THE ANTENNAS FOR THIS PLACE? SO AT THIS TIME, THE C TWO, UM, THERE WOULDN'T BE, BECAUSE YOU COULD USE A WEDDING CAKE APPROACH AS YOU GO FURTHER BACK, YOU CAN GO UP TWO FEET AND HIGH FOR EVERY FOOT YOU GO BACK. SO AS FAR AS HEIGHT GOES, THE FURTHER THEY PUSH IT BACK, THE FUR HIGHER THEY CAN GO. AS TO IT BEING A GOVERNMENT FACILITY AT THIS TIME, THAT IS UNDETERMINED. UM, OUR INFORMATION IS THAT IT'S INFORMATION TECHNOLOGY CENTER. RIGHT, I UNDERSTAND THAT. THANK YOU. ANY OTHER QUESTIONS, BRUCE? MS. MR. CRUZ? UH, YES. FOR THE APPLICANT. UH, SIR, ABOUT HOW MANY TREES ARE YOU TALKING ABOUT THAT YOU WOULD BE REMOVING FROM THE FRONT OF THE PROPERTY AND IS THE FRONT OF THE PROPERTY ON? SO THERE'S, UH, I DON'T HAVE THE EXACT NUMBER. UM, WE ARE, UM, COMPLYING WITH THE TREE ORDINANCES, UH, WITH, UH, THE CITY OF SAN ANTONIO. AS FAR AS, UH, REMOVING TREES, UH, ARE ADDING TREES TO, UH, TREES TO MEET THE, UH, THE TREE, UH, CODE. UH, SO THERE ARE SOME TREES BEING REMOVED, UH, ALONG PETRANKO AND, AND A FEW BEING REMOVED ALONG THE NORTHWEST CROSSROADS, BUT, UH, NOT IN ANY WAY, UM, YOU KNOW, VIOLATING THE, UH, CODE COMPLIANCE, UH, FOR TREES. OKAY. SO THE, UH, MAIN ENTRANCE TO THE PROPERTY WILL BE WHERE ALONG NORTHWEST CROSSROADS. UH, THERE, UH, THERE'S NOT MUCH TRAFFIC, UH, FOR THIS FACILITY AS IT'S A, IT'S A DATA CENTER. UH, SO IT'S MO MAINLY JUST COMPUTER RACKS. IT'S, IT'S, IT'S A, A FAIRLY GOOD SIZED BUILDING, BUT, UM, IT'S JUST FULL OF ELECTRONICS BASICALLY. AND, UM, SO, SO IT GO TO THE EMPLOYEES, IS THAT WHAT YOU'RE SAYING? RIGHT. VERY FEW EMPLOYEES, UH, DON'T EXPECT BUT, UH, THREE OR FOUR OR FIVE CARS AT ANY ONE TIME. OKAY. THANK YOU. FISHER? FISHER FISHER, YES. WITH ENHANCED SECURITY, WE HAVE A HIGH INTENSITY LIGHTING, SECURITY LIGHTING THAT WOULD IMPACT THE AREA ALONG THE RESIDENTIAL, UH, SIDE OF THE ROADWAY. ROADWAY. WOULD THAT IMPACT THAT, THAT WOULD BE A CONCERN TO THE NEIGHBORS? UH, THERE WILL BE SOME LIGHTING. IT'S, UH, UH, NOT TALL, UH, LIGHTS AND, UH, UM, THE LIGHTS THEMSELVES, AGAIN, ARE NOT, UH, IN, UH, ANY WAY, UH, UH, GOING AGAINST ANY CODES, UH, FOR, FOR LIGHTING. UM, SO AS FAR AS, UM, IMPACTING THEM, UM, I, I, I DON'T SEE THAT HAPPENING AND THAT, UM, UH, THE LIGHTS, UH, WOULD PROBABLY BE A, UH, A BENEFIT, UH, FOR, FOR SECURITY AS FAR AS FOR THEM. UH, WELL, BUT, UH, NO MORE LIGHT THAN WHAT'S BEING, UH, DONE FOR THE STREET ITSELF AS FAR AS LIKE A STREETLIGHTS THEMSELVES. OKAY. THANK YOU. THANK YOU. UH, COMMISSIONER ZUNA? YEAH, SO THIS QUESTION IS FOR THE APPLICANT AND, UH, REALIZING THE OPPOSITION FROM THE NEIGHBOR ACROSS THE STREET. I WOULD LIKE TO KNOW WHAT STEPS ARE BEING TAKEN TO KIND OF MINIMIZE THE DUST AND THE, UH, ENCOURAGEMENT INTO THE, INTO THE NEIGHBORS. AND ARE WE PAST THAT? I WOULD SAY THE SITE DUSTY PART OF THE PROJECT ARE, ARE JUST BEING RESPECTFUL OF THE NEIGHBORS, [01:15:01] UM, CONDITION WITH THE, WITH THE DUST AND WHAT, HOW'S IT BEING MITIGATED? YEAH, SURE. UM, YEAH, SOME OF HIS CONCERNS I, I THINK WAS NOT REALLY RELATED TO THE BUFFER ZONE, BUT DEFINITELY, UH, GOOD CONCERNS, UH, UH, DIFFICULT SITUATION WHEN YOU'RE, YOU'RE DOING, UH, CONSTRUCTION AND, AND, AND MOVING DIRT IN THIS WAY, AND YOU'LL, YOU'LL HAVE THIS SITUATION, UM, YOU, SO, UH, I KNOW IN THE WAY TO, TO ALLEVIATE THIS IS, UH, TO PROVIDE WATER TRUCKS AND, AND TO KEEP THE DUST DOWN BY CONTINUING TO, TO, TO DO THAT. UM, I WASN'T AWARE OF THIS, UH, COMPLAINT AND, UH, CAN DEFINITELY, UH, GET WITH THE CONTRACTOR, GENERAL CONTRACTOR, UH, TO MAKE MEASURES. UH, AND IF THERE'S ANYTHING ELSE THAT WE CAN DO OTHER THAN THE WATER TRUCKS THAT I'M, I'M MENTIONING, I'M, I'M NOT AWARE OF. BUT, UH, UH, WE CAN, UH, WE CAN TRY TO LOOK INTO THAT. UH, UH, THERE ARE STILL UNDISTURBED, UH, DIRT OUT THERE, SO THE, WE'RE NOT PAST THE STAGE WHERE WE CAN, UH, YOU KNOW, VEGETATE ALL THE DISTURBED AREAS YET. UM, AND SO THIS WOULD'VE TO CONTINUE AS FAR AS TRYING TO KEEP THE DUST DOWN IN, IN WHATEVER MEANS WE NEED TO. UNDERSTOOD. THANK YOU. UH, ANY OTHER QUESTIONS? BRAGMAN, MR. BRAGMAN? UH, THIS IS PROBABLY FOR STAFF, BUT, UH, PERHAPS THE APPLICANT KNOWS WHAT IS THE WIDTH OF PETRANKO IN THIS AREA? UH, TYPICALLY, AS I RECALL, PETRANKO IN A LOT OF SECTIONS IS A FOUR-LANE ROAD. IT'S A PRIMARY ARTERIAL, I BELIEVE IT'S 120 FEET, BUT I'D HAVE TO CONFIRM THAT. UM, GIMME A SECOND AND I CAN ACTUALLY MEASURE IT OUT. OKAY. SO IT'S, IT'S A FAIR DISTANCE FROM THE, UM, RESIDENTIAL AREA NEIGHBORHOOD? THAT IS CORRECT. THANK YOU. ANY OTHER QUESTIONS? MANNA, COMMISSIONER MANNA? SO THIS QUESTION'S FOR THE APPLICANT AND SO, AND, AND, AND ACTUALLY ALSO FOR STAFF. SO, SO, UM, IF YOU GO, SO RIGHT HERE, I GUESS MY FIRST QUESTION FOR STAFF HERE IS, UM, WE SHOW THE BUFFY YARD BEING THE ONE INCH, UH, SO, SO BASICALLY A PRETTY MAJOR VARIANCE HERE. UM, YOU KNOW, SO, SO WE'RE, SO BY THIS DIALOGUE HERE IN THIS REQUEST, WE'RE FOREGOING ESSENTIALLY A BUFFER AND ASSUMING THAT THIS PROPERTY, UH, THAT THE BUILDER WILL BE COMPLIANT WITH HIS WISHES OR WITH, WITH HIS INTENT OF MOVING THE BUFFER, I GUESS CLOSER TO THE STRUCTURE ITSELF. AND SO COULD IT BE REWARDED SO THAT IT STILL INCLUDES A BUFFER, BUT JUST THAT THE WHOLE BUFFER SPACE IS INDENTED VERSUS, VERSUS SHRINKING THE BUFFER. DOES THAT MAKE SENSE WHAT I JUST ASKED? YES, SIR. SO TO ME, IT LOOKS LIKE WE TOOK THE BUFFER REQUIREMENT AWAY WHERE WE AREN'T TAKING A BUFFER, YOU KNOW, THAT THE APPLICANT HAS, HAS STATED THAT THEY'RE GOING TO PUT A BUFFER IN, THEY'RE JUST PUTTING IT IN, IN SETTING IT FURTHER INTO THE PROPERTY. AND SO IT SEEMS TO BE THAT THIS, THIS REQUEST SHOULD BE, THAT THE VARIANCE ISN'T REQUIRED ON THE OUTSKIRTS, BUT IS MOVED IN, AND SO THE 15 FOOT BUFFER IS INTENDED BY A HUNDRED FEET OR WHATEVER IT IS THAT, THAT THEY'RE, UM, TARGETING LEE. IS THAT SOMETHING Y'ALL BE WILLING TO, UH, SUPPORT AND WE CAN ADD IT TO THE, UH, THE MOTION? SO I'M, I'M SURPRISED TO, TO SEE THAT STATEMENT, UH, ON THE ACTUAL, UH, UH, SUMMARY. UH, WE WERE IN OUR LOOKING FOR A VARIANCE TO, TO NOT HAVE THE BUFFER ZONE, UH, SINCE WE'RE, YOU KNOW, MEETING THE SPIRIT OF IT WITHOUT HAVING A BUFFER ZONE AT ALL. SO OUR INTENT WASN'T NECESSARILY TO DO A, LIKE A SIMILAR BUFFER ZONE IS LAID OUT, UM, IN D IT INTO THE PROPERTY. UM, WE FEEL LIKE THE SCREENING AND THE DISTANCES FROM, YOU KNOW, THE STREETS THEMSELVES IS GONNA BE, UH, BUFFER, UM, TO, TO PROVIDE THE INTENT OF, OF THE CODE. SO, UM, WE WILL HAVE TREES, WE WILL HAVE, UM, YOU KNOW, UH, LANDSCAPE, UM, UH, BUT NOT IN THE SAME WAY AS THERE'S, IT IS SPELLED OUT WITHIN THE, THE BUFFER ZONE OF THE, OF THAT, UM, SO OF, OF THE ORDINANCE OR, OR OF THE CODE. SO, UM, OUR THOUGHT IS TO NOT HAVE, UM, YOU KNOW, UH, A BUFFER ZONE INDENTED EITHER. AND, AND I'M, I'M SORRY IF, IF WE'VE MISCOMMUNICATED THAT IN ANY WAY, BUT, UH, THAT THAT'S NOT OUR INTENT. YEAH, ACTUALLY I MISUNDERSTOOD THAT COMPLETELY THEN. SO, 'CAUSE I WAS GONNA ACTUALLY ASK TO GO TO THE NEXT, UH, TWO SLIDES AWAY AND ASK WHERE IT WAS THAT YOU WERE GOING TO MOVE THE BUFFER TO, UM, WHICH IS THAT YOUR SITE PLAN. AND SO IT SOUNDS LIKE YOUR INTENT IS NOT TO HAVE ANY BUFFER, BUT TO USE THE EXISTING LANDSCAPE. AND IT DOES LOOK LIKE SOME OF THE BRUSH THERE IS MISSING ON VARIOUS [01:20:01] PIECES OF THE PROPERTY, SO IT LOOKS LIKE SOME PLACES WILL BE BARE. UM, YOU KNOW, SO, UM, YEAH, I GUESS I HAVE A QUESTION ABOUT THAT. WELL, THE QUESTION, UH, THAT I THINK IS THE MAIN CONCERN IS THE REASON FOR THE, UM, CODE IS TO, UH, TO NOT HAVE ANY KIND OF, UH, CLUTTER SHOWING UP ON THE OPPOSITE, UH, STREET. SO LIKE IF A NEIGHBOR'S LOOKING THROUGH THERE OR SOMEONE'S DRIVING BY, THEY WOULD SEE A, YOU KNOW, A MESSY YARD. THEY'D SEE, THEY'D SEE CARS, THEY'D SEE, UH, SOMETHING THAT, THAT'S NOT GONNA BE VERY ATTRACTIVE IN THIS SITUATION. YOU'LL JUST SEE, UM, YOU KNOW, A LARGE BUILDING WAY OFF INTO THE DISTANCE. UM, AND, AND THERE THERE WOULDN'T BE ANY CLUTTER. THERE'S NOT GONNA BE CARS PARKED EVERYWHERE AND, AND, AND, AND, AND ACTUALLY THE PARKING'S SO FAR AWAY FROM THAT, YOU WOULDN'T SEE ANY PARKED CARS. UH, SO IN A, IN A WAY IS, THERE'S NOT A NEED TO HAVE A A, A BUFFER THERE. WELL, I WOULD, I WOULD TEND TO DISAGREE WITH THAT POSITION. AND SO PART OF A BUFFER IS TO, IS TO PROVIDE A VISUAL DIFFERENCE FOR, FOR THE NEIGHBORS LOOKING INTO THE PROPERTY. AND SO THE CURRENT BUFFERS TALK ABOUT SO MUCH HEIGHT OF LANDSCAPING ALONG THE PERIMETER, SO AS TO PROVIDE THAT, YOU KNOW, THAT, THAT, THAT VISUAL PIECE OF IT. AND SO, ESPECIALLY IF YOU HAVE RESIDENTIAL, UH, HOMES ON THE FRONT AND THE SIDES, YOU KNOW, MINIMALLY, I WOULD BE THINKING THAT YOU WOULD BE PROVIDING THAT BUFFER, YOU KNOW, THE, THE, THE CODE REQUIRED BUFFER, UM, YOU KNOW, IN, IN THAT SPACE. AND IF NOT THE ENTIRE, YOU KNOW, YOU KNOW, I GUESS ALONG THOSE SPACES MINIMALLY FROM THE RESIDENTIAL PERSPECTIVE. SO, UM, SO, SO YEAH, I GUESS I MISUNDERSTOOD 'CAUSE I THOUGHT YOU WERE IMPLYING THAT YOU'RE GONNA MOVE THE BUFFER CLOSER TO THE PROPERTY SO THAT YOU COULD MONITOR THE FENCE LINE, BUT STILL HAVE YOUR, UM, UM, BUFFER INTERNAL. SO, UM, OKAY. THAT'S, I GUESS, I GUESS I ASKED MY QUESTION, SO THANK YOU. YEAH. UH, ANY OTHER COMMISSIONER QUESTIONS? SHELL OKAY. UH, COMMISSIONER SHELL, UM, JUST, THIS IS FOR THE APPLICANT. DO YOU HAVE A LANDSCAPING PLAN COMPLETED THAT WE COULD SEE? UH, WE DO HAVE A PLAN, YES. OKAY. UM, CAN YOU PLEASE EMAIL THAT TO STAFF IN A P D F FORMAT AND THAT THEY WAY CAN BRING IT UP ON THE SCREEN? OKAY. YES. WHILE THAT'S, WHILE THAT'S, WHILE THAT'S BEING DONE, UH, COMMISSIONER SHELL, WAS THERE OTHER PARTS OF QUESTIONING THAT YOU'D LIKE THE, THE APPLICANT TO ANSWER WHILE HE'S DOING THAT? WELL, I JUST WANTED TO SEE THE PLAN KIND OF BASED ON THE LINE OF QUESTIONING THAT COMMISSIONER MANNA HAD RAISED. UM, BECAUSE, BECAUSE I DO AGREE WITH HIM. I MEAN, LIKE THE, WHAT'S THERE NOW LOOKS PRETTY BARE. AND SO, UM, I, I HEARD THE APPLICANT SAY THEY HAD A LANDSCAPING PLAN, SO I JUST WANNA SEE WHAT THEY DO HAVE PLANNED. OKAY. AND WHAT THAT WILL LOOK LIKE. WELL, WHILE WE'RE WAITING TO GET THAT LANDSCAPE PLAN THAT EMAILED OFF THE STAFF, UM, I'M, I'M GONNA TAKE THIS TAKE A MINUTE TO ASK A COUPLE QUESTIONS, UH, TO THE APPLICANT. IS, IS THE, IS THE USER OF THIS, OR THE OWNER OF THIS GOING TO BE A FEDERAL AGENCY? UH, IT COULD POSSIBLY BE THAT, UH, IN THE FUTURE, BUT, UM, UH, RIGHT NOW IT, IT IS NOT, UH, OKAY. THE LEASER IS NOT A PART OF FEDERAL AGENCY? NO. OKAY. STAFF, UH, IF A FEDERAL AGENCY WAS INVOLVED IN THE FUTURES, DOES THAT AFFECT HOW THE RULES ARE APPLIED TO THIS PIECE OF LAND? THAT IS CORRECT. IF IT WERE THE FEDERAL AGENCY THAT'S, UH, THE USER, THEY WOULD NOT HAVE TO COMPLY TO THE BUFFER REQUIREMENTS. OKAY. AND THE REASON WHY I BRING THAT UP IS, IS I WAS, WAS ZONING. I, I JUST, UH, THERE'S A LOT OF EXEMPTIONS THAT SOMETIMES GET TIED TO, UH, LEASES OR OWNERS OF FEDERAL GOVERNMENT. UH, AND I JUST, UH, DIDN'T KNOW IF THAT WAS, UH, SOMETHING THAT WE NEEDED TO BE AWARE OF. OKAY. YES, WE HAVE CONVERSATION WITH, WITH LEGAL AND, UM, IF IT'S, UH, FEDERALLY OWNED OR FEDERALLY LEASED, UM, THEY WOULD NOT HAVE TO COMPLY AT THIS TIME. IT HAS NOT BEEN DISCLOSED THAT IT WOULD BE, SO THAT'S WHY WE'RE MOVING FORWARD. RIGHT. I, NO, I GET IT. SO, UM, IT, UH, IT MAY TAKE ME A LITTLE WHILE TO GET THE PLANS TO YOU. UH, I DON'T IF THAT'S OKAY. COME BACK TO, TO, OR NOT YOU. WELL, WE, WE, IT IS A, IT IS A QUESTION THAT'S BEING POSED BY TWO COMMISSIONERS, SO WE DEFINITELY WANNA MAKE THAT HAPPEN. BUT I STILL HAVE, UH, ANOTHER QUESTION I HAVE IS, ACCORDING TO YOUR SIDE PLAN, YOU'RE PUTTING IN A 10 FOOT GRAVEL, LIKE A PATROL PERIMETER AROUND THIS. AND SO, YOU KNOW, NORMALLY WHEN YOU HAVE A BUFFER, IT, IT'S, IT'S, YOU KNOW, A BUDDING THE, THE RIGHT OF WAY. AND YOU, YOU'RE DEFINITELY GOING TO HAVE FAR MORE THAN [01:25:01] THAN 15 FEET, UH, SURROUND ENCAPSULATING THIS PROPERTY. IT'S JUST THE, I THINK THERE'S, THE BIG QUESTION IS, IS THAT HOW IS IT GONNA BE VEGETATED BEYOND? AND NUMBER TWO, YOU KNOW, THERE'S NOT GONNA BE ANY PLANTINGS INTENDED, UH, IN THE PERIMETER. UH, IS THIS, ARE YOU, ARE YOU CONSTRUCTING, I NOTICED ON THE STREET VIEW, ARE YOU CONSTRUCTING THE WIDE 10 FOOT SIDEWALK THAT WOULD NORMALLY BE REQUIRED ALONG A THOROUGHFARE LIKE PETRANKO AS PART OF THIS DEVELOPMENT? UH, WE ARE NOT, UH, THE SLOPE THAT IS, UH, LOCATED ON, UH, PETRANKO, UM, IS SEVERE WITH, UM, UH, BIG RIP WRAP WALL, UM, AND ALSO A LOT OF, UM, UH, C P S POLES THAT WAS, UH, PROHIBITING US TO, UM, EASILY ADD, UM, AN ADDITIONAL SIDEWALK, UH, TO, TO MAKE THAT INTO A 10 FOOT WIDE SIDEWALK. UM, SO WE APPLIED FOR A VARIANCE FOR THAT, THAT YOU GOT IT. AND, YEAH. OKAY. AND THE ON SITE PLAN, THERE'S A PART THAT SAYS FUTURE SUBSTATION. IS THAT A C P S SUBSTATION OR IS THAT AT A PRIVATE SUBSTATION? IT'S A C P S SUBSTATION. OKAY. SO THERE IS GONNA, THERE'S GONNA BE STAFF, UH, IS, THIS IS TO BE A C P S SUBSTATION. IS THERE ANY EXEMPTIONS THAT APPLY TO C P S C P SS SAWS, UM, FOR THE PRESENTING CODE ARE EXEMPT FROM ARTICLE THREE ZONING. THEY'RE NOT EXEMPT FROM ARTICLE FIVE FOR BUFFERS. YEP. OKAY. I'M JUST TRYING TO MAKE SURE WE KNOW EVERYTHING AS WE MAKE A DECISION. UH, SO, SO FOR THE APPLICANT, HOW'S THAT LANDSCAPE PLAN COMING? UM, IT, IT HARD FOR ME TO ANSWER AND ALSO WORK THIS COMPUTER, SO, UH, I DIDN'T EASILY GET THAT LANDSCAPE PLAN UP, BUT I CAN GET THAT AND, AND THEN FORWARD THAT TO YOU. IS THERE A WAY WE CAN GO BACK TO THIS, UH, ITEM MANNA COMMISSIONER MANNA? SO, UM, LOOKING AT THE COUNT OF, OF BOARD MEMBERS THAT ARE CURRENTLY PRESENT, RIGHT? SHOULD WE OFFER SOME DIALOGUE TO THE APPLICANT HERE? SURE. UH, TO THE APPLICANT, WE HAVE NINE VOTING MEMBERS. IF ONE PERSON VOTES AGAINST US, IT FAILS. SO IF I'M GONNA GIVE YOU AN OPPORTUNITY TO EITHER TABLE TO THE NEXT MEETING OR WE CAN COME BACK TO THIS CASE LATER ON, IF YOU HAVE THAT LANDSCAPE PLAN THAT YOU CAN TRY TO, UM, MAKE SURE EVERYBODY HERE IS, UH, HAVE ALL THEIR QUESTIONS ANSWERED, WHAT WOULD YOU, WHAT WOULD YOU LIKE TO DO? UM, SO IF WE TABLED IT TO THE NEXT MEETING, WE CAN AGAIN TALK ABOUT IT. UH, YES, WE CAN. UM, CERTAINLY, AND THE NEXT MEETING WOULD BE WHEN STAFF, THE FIRST MEETING IN MAY. UH, LET ME LOOK AT THE CALENDAR REAL QUICK AT AS WELL. UH, COMMISSIONER BATTLE IS NOW JOINING. HE'S JOINING, UM, VERY LATE IN THE CONVERSATION, SO I DON'T KNOW THAT HE CAN VOTE ON THIS ITEM AT THIS POINT. OKAY. THE FIRST MEETING IN MAY WOULD BE THE, UM, THE, THE THIRD, RIGHT? UH, YES, SIR, THAT'S CORRECT. OKAY. OKAY. I WOULD BE, UH, UH, UH, OKAY WITH, UH, BRINGING THIS BACK UP ON THE NEXT MEETING, AND THAT'LL GIVE US TIME TO, UH, TAKE A LOOK AT THE LANDSCAPE PLAN AND THEN, UH, UM, YEAH, MAYBE TALK ABOUT WHATEVER ALTERNATIVES, SO WE MIGHT NEED TO DO OKAY. WELL, YOU'VE HEARD, UH, THE VARIOUS CONCERNS IN LINE OF QUESTIONING FROM THE COMMISSIONERS. SO, UH, IF, IF, UH, BARRING, UH, NOTHING ELSE, I'D LIKE A MOTION, I'M LOOKING FOR A MOTION FOR TO, TO TABLE THIS, TO MAY 3RD MANANA COMMISSIONER MANUS. SO, UM, THE RECORDING CASE NUMBER BO, A 2 1 1 0 0 3 0 0 0 3 1. I MOVED THAT THE BOARD, UH, TABLED THIS DISCUSSION TO THE, UH, MAY 3RD MEETING. THERE. SECOND, SECOND. COMMISSIONER CRUZ HAS THE SECOND, UH, STAFF. PLEASE TAKE A ROLL CALL VOTE MICHELLE. YES, I CONCUR. MR. MANCA? YES, I CONCUR. MS. CRUZ? YES, I CONCUR. MR. MANA. I CONCUR. MS. BREGMAN? YES, I CONCUR. MR. LOVE HAS DROPPED FOR THE MEETING. SO, MS. FISHER? YES, I CONCUR. MS. THIEL? YES. YES, I CONCUR. CHAIR ORIAN AND I ALSO CONCUR, THIS MEETING HAS BEEN CONTINUED WITH THE MAY 3RD MEETING CHAIR FOR THE RECORD. UH, COMMISSIONER BATTLE IS NOW JOINING THE MEETING. AWESOME. UM, [01:30:03] SO LET'S MOVE ON TO ITEM FOUR PLEASE. ITEM [4. 21-2959 BOA-21-10300024] FOUR IS THREE 14, DELAWARE STREET IS 0 8 21. 1 0 3 0 0 0 2 4. COUNCIL DISTRICT ONE APPLICANT, UH, BRANDON SANCHEZ TO REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE A, UH, TYPE TWO SHORT TERM RENTAL ZONING IS R M FOUR. IT IS HISTORIC AS WELL. NEXT SLIDE. PROPERTY CURRENTLY HAS A SINGLE FAMILY HOME AND AN ACCESSORY DETACHED DWELLING UNIT. UH, SURROUNDED. SURROUND USES INCLUDE A MIXTURE OF DENSITIES, INCLUDING SINGLE FAMILY DWELLING AND DUPLEXES, MANY PROPERTIES IN THE IMMEDIATE AREA, R ZONED R M FOUR, WHICH WOULD ALLOW UP TO FOUR UNITS PER LOT. THERE IS CURRENTLY ONE TYPE TWO, UH, SHORT-TERM RENTAL PERMIT ISSUED FOR THE SUBJECT PROPERTY. UH, THERE IS ONE PERMIT ISSUED FOR THE BLOCK FACE. UH, IF THIS SPECIAL EXCEPTION IS APPROVED, THERE WILL BE A TOTAL OF TWO, UH, TYPE TWO SHORT-TERM RENTALS ON THE BLOCK FACE, RESULTING IN 28.6% OF THE BLOCK FACE SLIDE. THIS IMAGE, UH, SHOWS YOU THE SHORT-TERM RENTALS IN THE AREA SITE FUND OF THE SUBJECT PROPERTY, SUBJECT PROPERTY ITSELF, AND THE ACCESSORY DWELLING UNIT THAT THE APPLICANT IS CURRENTLY WORKING ON AND SURROUNDING AREA. OKAY, STAFF, STAFF RECOMMENDS DENIAL OF BO A 21 1 0 3 0 0 0 2 4. BASED ON THE FOLLOWING FINDINGS OF FACT, THERE IS CURRENTLY ONE, UH, ACTIVE TYPE TWO SHORT-TERM RENTAL UNIT ON THE BLOCK FACE, WHICH IS ACTUALLY THE SUBJECT PROPERTY ITSELF. THE ADDITIONAL SHORT-TERM, UH, TYPE TWO WILL BRING THE BLOCK FACE UP TO 28.6%. NEXT SLIDE. WE SEND OUT 22 NOTICES. ZERO IN FAVOR, ONE IN OPPOSITION, AND NO RESPONSE FROM THE LAVACCA NEIGHBORHOOD ASSOCIATION. WE DO HAVE THE APPLICANT ON THE LINE, MR. BRANDON SANCHEZ, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU COULD START YOUR PRESENTATION, SIR. HELLO, MY NAME IS BRANDON SANCHEZ. SO THE ADDRESS, DO YOU WANT THE PROPERTY ADDRESS OR MY, MY ADDRESS? IT DOESN'T MATTER. UH, WHICHEVER ADDRESS IS ASSOCIATED THAT YOU'D LIKE TO ASSOCIATE WITH YOUR, WITH YOUR NAME. YES. IT'S, UH, 2 8 5 1 4. IT'S, UH, B E N E D I K T PATH. AND IT'S, UH, BERNIE, TEXAS 7 8 0 0 6. ALL RIGHT, THANK YOU. PLEASE PROCEED WITH YOUR PRESENTATION. YEAH, SO AS MENTIONED, WE, WE DO HAVE THE, UH, SHORT TERM RENTAL TWO PERMIT FOR THE MAIN HOUSE. MY INTENT IS TO PROVIDE A SEPARATE, UH, S C R TWO PERMIT FOR THE CASITA. UM, THAT WOULD JUST BASICALLY HOUSE TWO SEPARATE INDIVIDUALS. UM, THAT WHOLE AREA IS, IS HIGHLY COMMERCIAL. THEY'RE SOUTH TOWN, UH, THE ALIMO DOME, HENRY B. GONZALEZ, THE TOWER OF THE AMERICAS. UM, THE PROPERTY AND THE DWELLING AND THE STREET, UM, AND, AND ACCESS WOULD NOT IMPEDE ANYTHING FOR NEARBY NEIGHBORS, AND WE HAVE ADEQUATE DRIVEWAY SPACE TO PARK ADDITIONAL VEHICLES. UM, AND I THINK IT WOULD, YOU KNOW, I I I THINK IT'D BE A GOOD SOLUTION FOR US, UM, IF WE CAN MAKE THAT HAPPEN. UM, YES. OKAY. UH, STAFF, IS THERE ANY, UH, PUBLIC COMMENTARY TO READ INTO THE RECORD? UH, YES, THERE IS. WE DO HAVE AN EMAIL. OKAY. SO, UH, HELLO. THIS LETTER'S IN RESPONSE TO A LETTER I RECEIVED REGARDING PROPERTY ADDRESS THREE 14 DELAWARE. UM, IN THE LETTER IS OFFERED OPTIONS FOR NEIGHBOR NEIGHBORS TO SUBMIT COMMENTS OR QUESTIONS. THEREFORE, I WOULD LIKE TO ADD MY QUESTIONS AT THIS TIME. WILL HAVING AN AIRBNB ON OUR STREET AFFECT PROPERTY VALUES EITHER POSITIVELY OR NEGATIVELY? WHO IS GOING TO MANAGE THIS PROPERTY? WHO DO WE CONTACT BESIDES S A P D IF WE HAVE CONCERNS WITH EITHER THE PROPERTY OR THE GUESTS COMMENTS? I'M NOT SURE ABOUT HAVING AN AIRBNB ON OUR STREET. I HAVE LITTLE TO NO KNOWLEDGE ON THE LEGAL REQUIREMENTS FOR OWNING AND OPERATING AN AIRBNB IN SAN ANTONIO, NOR DO I KNOW THE PROS AND CONS. TWO, I WOULD HAVE PREFERRED THAT THE PERSON WHO PURCHASED THE HOUSE LIVE IN IT AND NOT RENT IT. AND THREE, I'M HOPING FOR A GOOD EXPERIENCE. THANK YOU FOR ALLOWING ME TO, AND LOOK FORWARD TO VIEWING THE MEETING, AND THAT'S OKAY. OKAY. UH, [01:35:01] IS THERE ANY COMMISSIONER QUESTIONS WE DID RECEIVE ON YOUR SCREEN? WE DID RECEIVE A COUPLE OF, UH, NOTICES, RESPONSE. THOSE ARE ON THE SCREEN FOR YOU AS WELL. OKAY. SO WERE THERE ANY, UH, COMMISSIONER, COMMENTS, QUESTIONS? SHELL COMMISSIONER, SHE AND THEN MANNA? UM, YES. I JUST WANTED TO, UH, GET CLARIFICATION DURING THE STAFF PRESENTATION. UM, IT SAID THE A D U WAS BEING WORKED ON. UM, DID YOU SAY THAT THIS WAS ZONED RM FOUR, BUT BEING USED AS A SINGLE FAMILY? I JUST, I THINK I JUST NEED SOME CLARIFICATION TO THE APPLICANT THAT, UH, THAT WOULD BE FOR STAFF. WHAT'S THE, WHAT IS THE ZONING ON THE PROPERTY? THE ZONING IS RMM FOUR, WHICH DOES ALLOW UP TO FOUR UNITS, UH, TO THE USE. UH, WE DID SEE THE ROLL OFF CONTAINER, UH, FOR CONSTRUCTION AT THE TIME, SO NOBODY SEEMED TO BE LIVING THERE AT THE TIME. THANK YOU. ALL RIGHT. A ANY OTHER QUESTIONS? ZUNA? COMMISSIONER ZUNA? YEAH, SO WHAT, WHAT ARE THE, THE, THE RULES? I MEAN, BECAUSE CLEARLY THE PARKING IS GONNA BE STACKED PARKING, IF THEY HAVE A, UH, RANCHER OR A, YOU KNOW, TEMPORARY RANK, A RANCHER IN THE FRONT UNIT AND THEY'RE ALL HAVING TO PARK IN THE DRIVEWAY, HOW IS THEIR CREDIT GIVEN FOR THAT LONG DRIVEWAY PARKING CREDIT? OR WOULD SOME OF IT HAVE TO BE, UH, STREET PARKED TO, UH, QUALIFY FOR, UH, YOU KNOW, FOR, FOR THE PARKING SPACE? YEAH, THAT FOR YOU? I, I APOLOGIZE IF YOU COULD, I, I APOLOGIZE IF YOU COULD REPEAT THAT QUESTION. YEAH. SO THE QUESTION IS, SO RIGHT NOW THE PARKING SITUATION IS THAT THERE'S, THERE'S A STACKED PARKING ALONG THAT VERTICAL, UM, A DRIVEWAY YES, SIR. UM, GIVES, YOU KNOW, IF THEY HAVE A TENANT IN THE FRONT BUILDING AND A TENANT IN THE REAR BUILDING, AND THEY'RE ALL TRYING TO USE THE STACKED PARKING, YOU KNOW, IS IS THERE CREDIT, DO THEY GET CREDIT FOR THE OFFSITE PARKING? UH, IF, IF, IF IT'S A KIND OF A STACKED DRIVEWAY? NO, SIR. SO FOR THE SHORT-TERM RENTAL, THE REQUIREMENT IS, IS ON ONSITE PARKING. UM, SO THEY DO MEET THE QUALIFICATIONS FOR THAT, EVEN FOR THE NORMAL RESIDENTIAL CODE, UH, WHICH WOULD BE TWO SPACES AT MINIMUM. OKAY. OKAY. SO WHETHER OR NOT, OKAY, I GOT IT. THANK YOU. MANNA COMMISSIONER MANNA. SO, SO I GUESS THE QUESTION FOR ME WOULD BE, UM, THERE'S DOES SEEM TO BE A FEW, UM, SHORT-TERM RENTALS IS THERE, BUT THIS IS FOR THE APPLICANT. HAVE YOU MADE ANY ATTEMPTS TO RENT THIS PROPERTY OUT, UH, RATHER THAN DO SHORT-TERM RENTAL? UM, THAT'S THE QUESTION. UH, NO, WE HAVE NOT. UM, I THINK, I THINK IN PURCHASING THAT, THAT, THAT THE PROPERTY, UH, THE WHOLE INTENT WAS TO DO A SHORT-TERM RENTAL, AND WE EVEN VERIFIED PRIOR TO PURCHASING IF THERE WAS ANY, UH, S T R TWO PERMITS AVAILABLE FOR THE BLOCK FACE, AND THERE WAS, SO THAT WAS KINDA THE ORIGINAL INTENT. UM, AND IT, IT WAS ALWAYS A POSSIBILITY IF THIS GETS DECLINED, MAYBE DOING A, A LONG-TERM RENTAL FOR THE CASITA. UM, SO YEAH, THAT'S KIND WHERE WE'RE AT RIGHT NOW. OKAY. FISHER, THANKS. COMMISSIONER FISHER. UH, YES, IT APPEARS THAT THE SECOND OR CACIA IS UNDER CONSTRUCTION. HAS THAT BEEN PERMITTED ALREADY AND IT WOULD HAVE TO COMPLY WITH ALL OF THE CITY CODE AND WHATEVER? YES, MA'AM. YEAH, EVERYTHING HAS BEEN PERMITTED ALREADY. UH, WE'RE, WE'RE IN THE MIDDLE OF THE REHAB RIGHT NOW, UM, AND WE HAVE, WE HAVE PLANS FOR THE, UH, CA AS WELL. UM, BUT EVERYTHING'S BEEN PULLED AND APPROVED, UH, AS FAR AS I KNOW. OKAY. SO THAT YOU WOULD, IF THIS DOES NOT GET APPROVED, YOU WOULD GO AHEAD AND CONSIDER LONG-TERM RENTAL IN THE REAR, OR WOULD IT BE ADEQUATE SPACE TO GO AHEAD AND, AND DO THAT? I THINK SO. I THINK THAT'D BE AN, AN OPTION. AND I WAS ACTUALLY ASKING THE QUESTION TOO. YOU KNOW, I GUESS, UH, YOU KNOW, IF THE RENTAL ONLY SLEEPS SIX PEOPLE, IF THERE'S AN OVERFLOW OF TWO PEOPLE, COULD THEY ALSO STAY IN THAT CASITA AS AN OVERFLOW SCENARIO STAYING UNDER THE SAME GROUP OF PEOPLE, IF THAT MAKES SENSE, INSTEAD OF BEING A SEPARATE PERMIT. OKAY. DOES THAT ANSWER YOUR QUESTION? I THINK THAT Y YES, THAT ANSWERS MY QUESTION, BUT I THINK THAT POSES A, A QUESTION TO STAFF ABOUT OVERFLOW RENTAL. YEAH. SO IN THAT SITUATION, [01:40:01] SO IN THAT SITUATION, WHAT WE LOOK FOR IS THE BUILDING CODE, UM, WHETHER YOU HAVE A KITCHEN OR KITCHENETTE, UH, FULL BATHROOM, THINGS OF THAT NATURE. WE'VE HAD SCENARIOS WHERE IT'S, UM, THERE'S ELECTRICITY WITH AN AC UNIT AND SIMPLY A BED, UH, SLEEPING AREA. SO THE BUILDING CODE WOULD THEN SAY THAT THAT WAS A, UH, ACCESSORY STRUCTURE WHERE THEY WOULD HAVE TO GO INTO THE PRIMARY STRUCTURE FOR SHOWERS, YOU KNOW, FOOD, THINGS OF THAT NATURE. AS AN ACCESSORY STRUCTURE, IT WOULD NOT REQUIRE ANOTHER PERMIT. HOWEVER, IF IT, IF IT IS CONSIDERED A DWELLING PER CODE, THEN THEY WOULD REQUIRE ITS ITS OWN PERMIT. OKAY. SO IF WE WERE TO ADD A RESTROOM THAT WOULD DISQUALIFY THAT FROM, FROM THAT SAME PERMIT, IS THAT CORRECT? SO THEY'RE GONNA LOOK AT, UH, WHETHER IT'S A FULL RESTROOM WITH SHOWER AND A KITCHEN OR KITCHENETTE, THAT WOULD QUALIFY IT AS A, UH, DWELLING. OKAY. WHAT IF WE WERE TO DO JUST THE RESTROOM AND NO KITCHEN, THEN YOU, IT COULD BE AN ACCESSORY STRUCTURE. OKAY. PERFECT. BUT, BUT AGAIN, WE'D HAVE TO DEFER TO THE BUILDING CODE, SO AT THAT TIME, BUILDING REVIEW WOULD'VE TO LOOK AT IT AND CLASSIFY IT. IF WHATEVER REASON THEY CLASSIFY AS AN ACCESSORY DWELLING OR A SECONDARY DWELLING, THEN WE'D BE BACK TO WHERE WE ARE RIGHT NOW. OKAY. MAKES SENSE. ALL RIGHT, THANK YOU. ANY OTHER COMMISSIONER QUESTIONS? UH, HEARING NONE, UH, THIS IS THE APPLICANT. YOU HAVE THE ABILITY TO PROVIDE A, UH, YOU KNOW, TWO TO THREE MINUTE, UH, CLOSING REMARK BEFORE WE CLOSE AND, AND ENTERTAIN A MOTION. SO PLEASE PROCEED. WELL, I HAD NOTHING REALLY PREPARED. UH, THIS IS MY FIRST TIME DOING IT, SO I APPRECIATE THE TIME, UH, FOR Y'ALL TAKING A LOOK AT THIS AND, UH, JUST LOOK FORWARD TO HEARING BACK FROM Y'ALL. OKAY. UH, WOULD A COMMISSIONER LIKE TO MAKE A MOTION ON THIS CASE? ANYONE? ALL RIGHT. UM, TE TEAL, UH, COMMISSIONER TEAL, SORRY, SCROLLING TO THE, THERE WE GO. REGARDING CASE NUMBER BO A DASH 2 0 3 0 0 2 4, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORTTERM RENTAL UNIT SITUATED AT 3 1 4 DELAWARE STREET, APPLICANT BEING BRANDON SANCHEZ. 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 A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY BOARD FINDS THAT THE REQUEST TO OPERATE A SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE. THERE'S NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS PROPERTY. B, THE SPECIAL EXCEPTION DOES NOT CREATE PUBLIC NUISANCE. THE BOARD FINDS THAT THERE ARE A TOTAL OF SEVEN RESIDENTIAL UNITS ON THIS BLOCK FACE, AND THE SPECIAL EXCEPTION WOULD PERMIT A TOTAL OF TWO TYPE TWO SHORT-TERM RENTALS, RESULTING IN 28.6% OF THE BLOCK FACE. THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY RESIDENCES AND DUPLEXES. THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO THE COMMERCIAL CORRIDOR OF SOUTH PREA, SOUTH ST. MARY AND, AND SOUTH ST. MARY STREET. THIS UNIQUE SCENARIO DOES NOT CAUSE REASON TO BELIEVE THAT IT WILL SUB SUBSTANTIALLY INJURE NEIGHBORING PROPERTY AS A TYPE TWO SHORT RENTAL D ADEQUATE UTILITIES, ACCESS, ROADS, STORM DAM, DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACULTIES HAVE BEEN OR ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDED OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR THE OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION. THE APPLICANT CURRENTLY HOLDS A SHORT-TERM RENTAL PERMIT AND DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 F. THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. SUBJECT PROPERTY IS LOCATED NEAR SOUTHTOWN AND IN CLOSE PROXIMITY TO COMMERCIAL, RECREATIONAL, AND OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION, THE MOTION THERE. A SECOND. SECOND. [01:45:02] OKAY. WE HAVE A MOTION AND A SECOND. UH, ANY COMMISSIONER? UH, THI PLEASE START THE DISCUSSION. YEP. I'LL, I'LL VOTE IN, IN SUPPORT OF THIS. UM, I, YOU KNOW, THAT I'M NOT BEEN A FAN OF THE PERCENTAGE THAT'S, THAT'S BEEN CHOSEN ARBITRARILY, UM, FOR THE, THE, THE TYPE TWO SHORT-TERM RENTALS. UM, I'VE ACTUALLY LIVED WITHIN LESS THAN A BLOCK OF THIS PROPERTY FOR MANY, MANY YEARS, OWNED A DUPLEX THERE. UM, I CAN'T SEE A WAY THAT WILL NEGATIVELY IMPACT THE NEIGHBORHOOD. AND, AND IF IT DOES, THEN REVOCATION IS, IS THE, IS THE RIGHT, UH, WAY TO MOVE FORWARD WITH IT. SO I WILL BE IN SUPPORT. THANK YOU. COMMISSIONER ZUMA? YEAH, I'M GONNA SUPPORT IT AS WELL. I MEAN, THE 28.6% BROAD FACE, UH, I THINK REALLY IS OVERSTATED BECAUSE TWO OF THE PROPERTIES ARE WITHIN THE SAME, UH, WITHIN THE SAME PROPERTY, UH, LOCATION. SO THAT, AND THEN THE PARKING WOULD BE SELF-CONTAINED WITHIN THE PROPERTY. AND ALSO THIS, YOU KNOW, IT IS WHAT IT IS, THE NATURE OF SAN ANTONIO BEING A TOURISM TYPE INDUSTRY. I THINK HAVING MORE OF THESE, UH, UM, UM, YOU KNOW, RENTAL UNITS PROVIDE, YOU KNOW, MORE OPPORTUNITIES FOR VISITORS THAT THEY COME TO THE CITY AND WE DIDN'T SEE A LOT OF OPPOSITION TO THE, UH, TO THE REQUEST. SO I AM SUPPORTING. ALL RIGHT. UH, ARE THERE ANY OTHER COMMISSIONERS WHO WOULD LIKE TO ADD TO THE DISCUSSION BATTLE, UH, COMMISSIONER BATTLE? UH, I WILL BE VOTING IN FAVOR OF THIS. AGAIN, I THINK THE PERCENTAGES ARE RATHER LOW AND NOT INDICATIVE OF, OF THIS PROPERTY HAVING TWO OF THE, UH, THE PERMITS. SO I WILL BE VOTING IN FAVOR OF THIS. OKAY. UH, ANYONE ELSE HEARING NOT, UH, COMMISSIONER MANANA? I LIKELY WILL NOT BE VOTING FOR THIS SIMPLY BECAUSE I THINK WE DO HAVE A HOUSING SHORTAGE, AS I HEAR ABOUT REGULARLY, AND I THINK, UM, IF THEY DO BUILD A SECOND STRUCTURE HERE, THAT IT COULD PROVIDE HOUSING FOR PEOPLE THAT MAY BE WORKING IN THIS AREA VERSUS PUSHING 'EM OUT. SO I, IT DOES ALLOW FOR THAT. SO, SO I AM STRUGGLING TO SUPPORT THIS. OKAY. ANY OTHER COMMISSIONERS? MIN CHAKA COMMISSIONER MITCH CHAKA? I AGREE WITH, UH, COMMISSIONER MANO AND THE SAME REASONS I WAS THINKING ABOUT. THANK YOU. UH, THANK YOU. UM, ANYONE ELSE? ALL RIGHT. STAFF, PLEASE TAKE THE ROLL CALL. VOTE, MICHELLE. NO, I DO NOT CONCUR. MR. MENCHACA. I DO NOT CONCUR. MS. CRUZ? YES, I CONCUR. MRNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT, MR. BATTLE. I CONCUR, MS. FISHER. I DO NOT CONCUR. MR. TEAL. I CONCUR. MR. UNA? YES, I CONCUR. CHAIR ORIAN AND I, UH, ALSO CONCUR, UH, THE VOTE, UH, THE MOTION FAILS. I BELIEVE I WAS GETTING, UH, SIX TO FOUR. SIX TO FOUR IS CORRECT. OKAY. UH, NEXT CASE PLEASE. AND FOR THE RECORD, WE WILL BE MOVING FORWARD WITH 10 MEMBERS, UH, THROUGHOUT THE REST OF THE MEETING. GREAT. ALRIGHT, NEXT ITEM IS [5. 21-2922 BOA-21-10300021] D O A 21. 1 0 3 0 0 0 2 1 AT LOCATED 11 4 0 2 WESTFORD GREEN COUNCIL, DISTRICT NINE. THE APPLICANT IS JAYSKI, UH, REQUEST FOR A 14 FOOT SIX INCH VARIANCE FROM THE WHISPER OAKS NEIGHBORHOOD CONSERVATION DISTRICT, MAXIMUM DRIVEWAY WITH REQUIREMENT OF 19 FEET TWO AS DESCRIBED IN 35 5, UH, 3 35 TO ALLOW THE TOTAL DRIVEWAY WIDTH TO BE 33 FEET, EIGHT INCHES. PLEASE NOTE THIS WILL BE AT THE WIDEST POINT. ZOIA IS RMM FOUR C D FOUR. SUBJECT PROPERTY IS, IS A CORNER LOT LOCATED AT THE INTERSECTION OF WORCESTER GREEN AND WHISPER WILLOW STREET, AND IS PART OF THE WHISPERY OAKS SUBDIVISION. THE WHISPERY OAKS N C D DOES NOT ALLOW DRIVEWAY WIDTH TO BE GREATER THAN THE GARAGE OPENING WIDTH PLUS 20%. THUS, THE MAXIMUM ALLOWABLE DRIVEWAY WIDTH, UH, WOULD BE 19 FEET, TWO INCHES. THERE IS EXISTING DRIVEWAY, UH, THAT AT 21 FEET, EIGHT INCHES FACING THE WORCESTER WILLOW STREET, WHICH IS ALREADY TWO FEET SIX INCHES MORE THAN THE N C D, UM, ALLOWS. THE APPLICANT IS WANTING TO MAKE AN ADDITIONAL 12 FOOT WIDTH WIDE APPROACH CONNECTING TO THE EXISTING DRIVEWAY, UM, AND FACE THE WORCESTER GREEN STREET. THIS WOULD CREATE A HORSESHOE DRIVEWAY, UH, WITH ACCESS ON WORCESTER GREEN, ADDING A NEW APPROACH. THE DRIVEWAY WIDTH WILL EXCEED THE N C D STANDARD BY 76%. AGAIN, AT THE WIDEST POINT, THERE'S NO SIDEWALK ALONG THE SOUTHERN SIDE OF THE PROPERTY, AND THE APPLICANT IS CONCERNED ABOUT PEOPLE WALKING ACROSS THE FRONT YARD DURING, UH, FIELD VISITS. STAFF NOTED [01:50:01] THAT HORSESHOE DRIVEWAY, UH, A HORSESHOE DRIVEWAY IS COMMON WITHIN THE NEIGHBORHOOD. THE WEST PORTION OF THE SUBJECT PROPERTY IS WITHIN A HUNDRED YEAR FLOODPLAIN, AND A REQUEST WOULD RE WOULD BE REVIEWED BY PUBLIC WORKS, UH, DEPARTMENT, AND, UH, HOWEVER, IT WOULD BE REQUIRED A FLOODPLAIN PERMIT. NOW, TR UH, TRAFFIC ENGINEERING DID REVIEW IT, AND THEY WERE OKAY WITH IT AS LONG AS THEY MET CLEAR VISION STANDARDS ON JANUARY 14TH, 2019, THE BO O A DID APPROVE A SIX FOOT TALL SOLID SCREEN FENCE ALONG THE PORTION OF THE FRONT YARD, ALONG THE DRAINAGE FOR THE SUBJECT PROPERTY. NEXT SLIDE. HERE'S A COPY OF THE SITE PLAN SUBJECT PROPERTY ITSELF. SO THE DRIVEWAY, THE EXISTING DRIVEWAY TO THE, THE GARAGE, IT WOULD EXTEND TO THE FRONT OF THE HOUSE AND OVER AND AGAIN, THEY WOULD'VE TO MEET ALL CLEAR VISION, BUT IT, UH, TRAFFIC HAD NO PROBLEMS WITH IT. NEXT SLIDE. OKAY. HERE'S THE WIDTH OF THE DRIVEWAY. SURROUNDING AREA STAFF DOES RECOMMEND DENIAL AND D O A 21 103 0 0 0 21 BASED ON FOLLOWING FUNDS OF FACT, PROPOSED DRIVEWAY EXCEEDS THE N C D FOUR DESIGN STANDARDS, AND THE WIDTH OF EXISTING DRIVEWAY IS ALREADY WIDER THAN WHAT THE W OAKS CONSERVATION DISTRICT, UM, DOES ALLOW. NEXT SLIDE, 26 NOTICES WERE SENT OUT. FOUR WERE RECEIVED IN FAVOR, ZERO IN OPPOSITION. AND THE W OAKS HOMEOWNERS ASSOCIATION IS IN FAVOR. WE DO HAVE THE APPLICANT ON THE LINE. JAY, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION. UH, JAY 1 1 4 0 2 WHISPER GREEN. AND, UH, FIRST I WANT TO THANK YOU FOR THE, FOR THE TIME AND THE OPPORTUNITY TO PRESENT TODAY. I ALSO WANT TO THANK THE, THE STAFF THAT I WORK WITH IN THE PAST COUPLE MONTHS, GETTING THE INFORMATION. THEY'VE BEEN VERY, VERY HELPFUL. UH, MY REQUEST TODAY IS TO, UM, APPROVE A VARIANCE FOR ME TO WIDEN MY DRIVEWAY. UH, WE HAVE A UNIQUE LOT IN THE NEIGHBORHOOD. UH, WE ACTUALLY HAVE TWO LOTS, UM, WITH NO, UH, NEXT DOOR NEIGHBOR. WE'VE GOT THE SATO CREEK BEHIND US. WE'VE GOT THE WALKWAY THAT GOES TO THE FOOT BRIDGE THAT TAKES YOU TO THE, UM, TO THE OTHER SIDE OF THE NEIGHBORHOOD AND THE, AND THE POOL. AND THEN WE HAVE A DRAINAGE DITCH ON THE OTHER SIDE. AND THEN WE, ON THE OTHER TWO SIDES, WE HAVE A STREET. UM, OUR HOUSE IS LOCATED AT THE BOTTOM OF A HILL, UM, WHICH IS, UNFORTUNATELY YOU'RE COMING AROUND THE CORNER. AND SO BACKING INTO, INTO THAT PART OF TRAFFIC, IT, IT, YOU KNOW, WE'VE LIVED THERE FOR A WHILE, BUT WITH YOUNG DRIVERS, UH, NUMBER ONE, UH, NUMBER TWO THERE, THE SIDEWALKS WERE NEVER FINISHED ON MY PARTICULAR PROPERTY TO GET TO WHERE THE WALK BRIDGE WAS. UM, A COUPLE YEARS AGO, I, UH, REQUESTED A VARIANCE AND GOT IT TO, UM, ADD THE SIDEWALK ALONG THE, THE FRONT SIDE OF THE STREET. AND SO THIS WOULD BE THE LAST PIECE OF, OF WALKWAY THAT I WOULD NEED, UM, TO COMPLETE AS WELL AS ALLOW ME TO, TO ENTER, UH, THE STREET THAT HAS LESS TRAFFIC. UM, ANY QUESTIONS? WELL, FIRST, UM, MATT, IS THERE ANY PUBLIC, UH, COMMENT TO READ INTO THE RECORD? YES, SIR. UM, SOME SUPPORT LETTERS THAT WE RECEIVED, ONE IS FROM ALBERT AND NANCY RUM. WE SUPPORT THE REQUEST FOR THE ZONING VARIANCE TO ALLOW THE CONSTRUCTION OF THE ADDITIONAL DRIVEWAY AREA. AND AS DESCRIBED IN THE SKETCH, COME THE NOTICE OF PUBLIC HEARING. THE REQUESTED CHANGE WILL ALLOW THE HOMEOWNERS, ADDITIONAL HOMEOWNER'S, ADDITIONAL SPACE FOR PARKING AND WILL ALLEVIATE CONGESTION FROM CARS PARKED ALONG THE, THE TURNS FROM WHISPER WILLOW ONTO WHISPER GREEN. AGAIN, WE'RE DEFINITELY IN FAVOR OF THE B O A REQUEST. THIS IS FROM ALBERT NANCY AT 11 4 1 8 WHISPER GREEN FROM JAMES AND SUSAN STEWART AT 11 4 2 6 WHI WEATHER, UH, WISTER GREEN. THEY'RE IN FAVOR. VARIANCE WILL ENHANCE PROPERTY AND ALTERNATE ON ON STREET PARKING, UH, CONGESTION. ANOTHER FROM LEWIS AT 11 3 0 2. WESTFORD WILLOW, UH, SIMPLY STATES THAT THEY'RE IN FAVOR, TOM KENNEDY [01:55:01] AT 11 3 1 0 WOR GREEN IN FAVOR AND A RESPONSE FROM THE H O A, UH, JAY, SORRY, I MISSED YOU ON THE CONFERENCE CALL, HAD A QUESTION ABOUT THE SETBACK, EXISTING RESTRICTIONS OF THE NEEDS OF THE 25. UH, LET'S SEE WHERE IT SAYS PEN UP IN THE DRAWING IF CAR IS PARKED IN THE DRIVEWAY. UH, THE SECOND TO LAST SENTENCE. YEAH, CAN YOU PLEASE CALL ME? OKAY. THE, AS THE CROWD OWNER, MYSELF, I'M ALL FOR THEM. HOPE TO TALK TO YOU SOON. THANKS, JANICE. UH, WITH THE H O A MORE QUESTIONS IN THIS ONE THAN ANYTHING ELSE, BUT IT DOES SAY THAT, UM, APPEARS TO BE IN FAVOR. THAT CONCLUDES ALL THE COMMENTARY. YOU'RE ON MUTE. I, I MUTE CHAIR. UH, I'M ON MUTE. SORRY ABOUT THAT. UH, , UH, WHICH, UH, IS THERE A COMMISSIONER? I'D LIKE TO START QUESTIONING CRUZ. COMMISSIONER CRUZ, UM, FOR THE APPLICANT, SIR, WITH THE DRY, WE BEING IN FRONT WITHED, UH, CONNECT WITH THE TREES, OR THE TREES WOULD STILL STAY THERE, OR IT WOULD YOU NEED TO CUT ONE DOWN? UH, NO, IT WON'T, IT WON'T AFFECT THE, IT WON'T AFFECT THE TREES. UM, WHEN WE HAVE THE, I THINK THE SECOND SITE VISIT COME OUT, THE ONE THING, UH, THAT THEY MENTIONED WAS, UH, THE TRAFFIC DEPARTMENT IN OUR PROXIMITY TO WHISPER WILLOW. UM, AND WHEN WE SPOKE TO THE CITY, WE SAID, LOOK, WE'LL, WE'LL PUT IT WHEREVER, WHEREVER YOU WANT. AND WITH THE FOLLOW UP, THE, UH, AND I BELIEVE IT'S NOTED THE TRANSPORTATION, UH, CAME BACK AND APPROVED THAT, THAT, THAT THE CURRENT POSITION IS, IS, UH, ACCEPTABLE. OKAY. ALRIGHT. THANK YOU. ANY OTHER COMMISSIONER QUESTIONS? MINKA COMMISSIONER MINKA? UH, IN OTHER WORDS, IF THIS DRIVEWAY OR THIS EASEMENT, I MEAN, EASIER WAY TO GET TO BACK TO THE PARKING LOT AND THE TENANT, I MEAN THE OWNER OR THE GUEST PARK ALONG THIS NEW WAY WITH A, WITH THE COMMON TRAFFIC FROM THE OTHER ONE, UH, WHISPER WAY, I THINK IT IS, UH, WOULD THEY BE BLOCKED FROM SEEING THE OTHER TRAFFIC STREET WITH CARS PARKED IN THIS, UH, NEW, UH, ADDITION DRIVEWAY? UH, NO. THE, THE PARKING, UM, ON THIS NEW DRIVEWAY, THE, THE DRIVEWAY IS ACTUALLY CONNECTED TO OUR, UH, CURRENT DRIVEWAY NOW, AND ACTUALLY MOVING YOU FARTHER FROM WHISPER WILLOW. UM, SO IT WOULD ACTUALLY, UH, LIKE THE, THE NEIGHBOR SAID IT WOULD ACTUALLY IMPROVE THE, THE VISIBILITY FOR THE TRAFFIC, UM, ON, ON BOTH WHISPER WILLOW AND WHISPER GREEN. I SEE. AND, AND IN CONJUNCTION TO THAT QUESTION IS YOU'RE SAYING THAT THERE WAS NO NEED OR THERE WAS NO FOLLOW UP FOR THE SIDEWALK TO CONTINUE ALONG WHISPER WILLOW, SO YOUR DRIVEWAY MAY BE USED AS A WALKWAY BY PEDESTRIANS? YEAH, I DON'T UNDERSTAND THE QUESTION. WHAT, UH, THE, THE, DOESN'T THE SIDEWALK DISCONTINUE FROM THE BACK OF THE GARAGE WHERE IT IS OVER THERE ON THE OTHER SIDE. I'M LOOKING AT THE GOOGLE HERE, AND INSTEAD OF THE DRIVEWAY, I MEAN THE SIDEWALK CONTINUING TO THE CURB WHERE YOU HAVE THAT TEXAS A AND M THING, WOULD YOUR DRIVEWAY BE USED AS A WALKWAY? ARE YOU CONCERNED ABOUT THAT, SIR? WELL, AND THAT'S ACTUALLY, SO MY, MY YARD RIGHT NOW IS CURRENTLY USED AS THE WALKWAY. UM, THE, IF YOU LOOK AT, SO AT THE END OF WHISPER GREEN IS THE TENNIS PARK. AND SO THEY HAVE, THEY, THEY HAVE ALL OF THE TENNIS, UM, CLASSES. AND SO ALL THE STUDENTS START AT THE, AT THE TENNIS PARK, AND THEN THEY WALK DOWN, WHISPER GREEN, AND THEN THEY WALK THROUGH MY YARD, UM, AND GET TO THE SIDEWALK THAT I ADDED A COUPLE, UH, YEARS AGO, THEN GET TO THE, TO THE WALKWAY THAT TAKES YOU TO THE FOOTBRIDGE THAT ACTUALLY TAKES YOU TO THE POOL. SO IT, YOU KNOW, IT, IT'S BEEN IMPOSSIBLE TO, TO KEEP GRASS WITH THE BIKES AND THE, AND THE TRAFFIC GOING THROUGH THERE. SO, UM, WALKING ON THE CONCRETE IS A MUCH BETTER SOLUTION. THANK YOU, SIR. UH, ANY OTHER QUESTIONS? COMMISSIONER, MAYOR MAMO? SO, UM, COULD STAFF BRING UP, UM, THE, UM, REPLY OR RESPONSE FROM THE NEIGHBORHOOD ASSOCIATION OR YEAH, FROM NEIGHBORHOOD ASSOCIATION BECAUSE THE, THE FIRST OR SECOND SENTENCE KIND OF BROUGHT UP A POINT WITH REGARDS TO, UM, UM, [02:00:01] I GUESS DEED RESTRICTIONS AND, AND THE DISTANCE NEEDED TO BE AWAY FROM, UH, THE STREET. SO, UM, LET'S SAY 25 FOOT LINE OF SIGHT. AND SO, UM, SO I GUESS THE QUESTION HERE WOULD BE HOW FAR DOWN, UM, IS THE PROPOSED CONNECTION TO THE EXISTING DRIVEWAY GOING TO BE? IS IT GONNA BE 25 FEET OF OPEN GRASS THERE FOR THAT CORNER OR, UM, YOU KNOW, SO, SO WHAT IS THE PLAN THERE, I GUESS, FOR THAT 25 FOOT LINE OF SIGHT? YEAH, THE, THE PLAN WILL BE, UM, WHETHER, WHETHER IT IS GRASS OR LANDSCAPING, UM, IT WILL NOT IMP IMPEDE THE, UH, IMPEDE DIVISION, THE, THE EMAIL. SO I HAD ALREADY TURNED IN ALL MY DOCUMENTS TO THE CITY, AND JANICE IS ACTUALLY IN CHARGE OF THE, UH, COVENANT RESTRICTIONS ON THE H O A, AND SHE WAS THE ONE THAT SENT THE EMAIL AND THE PRESIDENT AND VICE PRESIDENT ARE, UM, ARE COPIED ON THAT EMAIL. AND SHE HAD ACTUALLY CALLED ME AND, UH, AND SAID, LOOK, WE'RE, WE'LL, UH, YOU KNOW, SHE HAS A CIRCLE DRIVEWAY, SHE'S IN BIG FAVOR OF THEM. UM, AND THEY OFFERED TO WRITE ME A LETTER AND I TOLD 'EM, I SAID, I BELIEVE IT'S TOO LATE FOR US TO SEND IT IN. EVERYTHING HAS BEEN SENT IN. WHEN I SPOKE TO, UH, MS. SAG THIS, UH, TODAY AFTER I GOT THE AGENDA, UM, SHE HAD SAID, NO, PLEASE SEND ME THAT EMAIL. SO THE H O A IS, AND THE ALSO THE BOARD MEMBER IN WHO IS IN CHARGE OF ALL THE COVENANTS AND RESTRICTIONS, UM, ARE IN FAVOR OF THE VARIANCE FOR THE DRIVEWAY. SO, WELL, I GUESS THE QUESTION THEN IS, WHAT IS YOUR PROPOSED SETBACK FROM WHISPER WILLOW WITH REGARDS TO THAT DRIVEWAY? UH, YOUR, YOUR PROPOSED DRIVEWAY? 'CAUSE BECAUSE YOUR, YOUR ROUGH DRAWING, I DIDN'T SEE, UM, UM, AN INDICATION OF HOW MANY FEET AWAY FROM WHISPER WILLOW IT WAS GOING TO PARALLEL. RIGHT. SO HOW FAR, HOW, HOW FAR IT BE? UH, YEAH, I, I DON'T HAVE, I DON'T HAVE THAT EXACT MEASUREMENT. UM, LIKE I MENTIONED PREVIOUSLY, UH, THE, THE TRAFFIC DEPARTMENT, UM, CAME OUT TO VERIFY IT. AND, UM, AND I, LIKE WHEN I SPOKE TO THE CITY, I SAID, LOOK, WE'LL, WE'LL MOVE IT TO WHEREVER YOU WANT. SO, UH, WHAT I CAN SAY RIGHT NOW, WHEN WE PUT THE PERMIT IN, IT WILL BE WITHIN THE, WITHIN THE, UM, THE GUIDELINES THAT, AND THE HAVE THE COVENANT RESTRICTIONS. SO IF IT'S 25 FEET, IT, IT, IT COULD BE MORE THAN THAT. NOW, IF YOU'RE, IF YOU'RE MEASURING FROM WHISPER WILLOW, UM, I, I'VE GOT A VERY, VERY LONG, UM, YARD, SO THAT'S FINE. I JUST WANNA MAKE SURE THAT YOU KNOW, THAT, YOU KNOW, I UNDERSTOOD, YOU KNOW, YOUR POSITION THERE AND THAT, THAT DOES SOUND LIKE YOU'RE WORKING WITH EVERYBODY, SO THAT'S GREAT. SO THANK YOU. THAT'S NO FURTHER QUESTIONS. THANK YOU. OKAY. ANY OTHER COMMISSIONERS? UH, OKAY. I HAVE A QUESTION. UH, SO ON WHEN YOU'RE LOOKING AT, UM, UM, WHISPER WILLOW AND YOU GO PAST YOUR EXISTING DRIVEWAY, YOU HAVE A DRIVEWAY THAT SEEMS TO HAVE A, UM, A GATE THAT'S ON, THAT'S OP THAT CAN OPEN AND CLOSE. WHAT, WHAT IS, IS THAT ANOTHER PARKING AREA FOR YOU? UM, THE, OH, IN THE, IN THE, IN THE BACKYARD. WELL, I'M, I'M JUST GOING ON, UH, GOOGLE MAP STREET VIEW, AND, AND IF I'VE, NEXT, IF I GO PAST YOUR EXISTING DRIVEWAY, THERE'S ANOTHER DRIVEWAY WHERE THE NEW SIDEWALK WAS BUILT, AND IT LOOKS LIKE THERE'S A, A GATE THAT CAN OPEN IT. IT APPEARS TO BE JUST A, A, LIKE A PARKING AREA IN YOUR BACKYARD. IS THAT WHAT I'M LOOKING AT? WHAT IS THAT THING? YEAH, SO THE, I HAVE ALMOST THREE QUARTERS OF AN ACRE, I BELIEVE IN THE CITY, AND I'VE GOT 660 FEET OF PRIVACY FENCE. AND SO I'VE GOT A REALLY, REALLY BIG BACKYARD MM-HMM. . AND SO, UM, THAT PARTICULAR AREA, UM, THAT IS BACK THERE, THERE USED TO BE A WORK SHED THAT, UM, THAT I TOOK DOWN, UH, WHEN I WAS BUILDING THE FENCE, UM, I ADDED THE GATE JUST IN CASE, UH, WE'VE GOT A POOL IN THE BACKYARD. AND, UM, WHEN WE HAD SOME, WHEN WE HAD SOME WORK DONE PREVIOUSLY, THEY NEEDED TO BE ABLE TO GET INTO THE BACKYARD WITH A, A PIECE OF EQUIPMENT. AND SO THERE WASN'T ANY ADDITIONAL, UH, ADDITIONAL COST TO ADD THE GATE, SO I ADDED THE GATE. OKAY. SO THIS, IT'S, I I WAS JUST WONDERING LIKE, UH, HOW MANY PARKING FACILITIES THAT YOUR, YOUR PROPERTY ALREADY HAD AND, AND DRIVEWAYS AND WHATNOT, AND I, I JUST WANT SOME CLARIFICATION ON THAT. SO YEAH, THE, THE GATE REMAINS, UH, I'M SORRY, THE GATE REMAINS LOCKED. AND, UM, [02:05:01] I'VE GOT A, UH, A BARBECUE PIT THAT'S ON A TRAILER THAT, THAT, UM, THAT SITS BACK THERE THAT I CAN GET IN AND, UM, AND ACCESS TO. OKAY. AND THEN ACCORDING TO YOUR SKETCH, IT APPEARS YOUR PROPOSED DRIVEWAY IS GOING TO START PRETTY DARN CLOSER, JUST AT THE CORNER OF YOUR GARAGE. AND, UM, IT'S, YOU KNOW, AS, AS, UH, COMMISSIONER MAN HAD RAISED, IF I TAKE 12 FEET OFF OF THAT AND I, AND I COME OVER OUT INTO THE, THAT SIDE STREET THAT THE STAY 25 FEET AWAY, IT, IT JUST, I'M TRYING TO IMAGINE HOW MUCH PAVEMENT WE'RE TALKING ABOUT TO GET THAT IN THERE. IS THAT, UM, YOU, YOU REALLY FEEL THAT, THAT THAT CAN BE ACCOMPLISHED, THE NOT BEING ABLE TO, TO SEE IT AT SCALE? UM, THE, THE CONCRETE, UH, CONTRACTOR, UM, THAT I HAVE, I, I, I'VE GOT SOME PICTURES FROM HIS WORK AND, AND, UM, HE, IT, HE MAKES IT LOOK VERY, VERY NICE. UM, I'M NOT SURE I COMPLETELY UNDERSTAND THE, UH, UNDERSTAND THE, THE QUESTION. UM, BUT WITH EVERYONE THAT I'VE WORKED WITH IN THE, OVER THE PAST YEAR, UM, E EVERYONE SO FAR HAS BEEN, UH, SUPPORTED THAT THIS WILL, THAT THIS IS A DOABLE PROJECT PROJECT. OKAY. UH, THANK YOU. SO WAS THERE, UH, ANY OTHER, IF THERE'S NO OTHER QUESTIONS, I'D LIKE TO GIVE THE APPLICANT AN OPPORTUNITY TO PROVIDE A TWO TO THREE MINUTE CLOSING REMARK, UH, BEFORE WE GO TO A MOTION. UH, YES. THANK YOU VERY MUCH. SO THANK YOU VERY MUCH FOR YOUR TIME. UH, AND ONCE AGAIN, I WANT TO THANK THE STAFF. I'VE BEEN THROUGH A COUPLE VARIANTS, UM, PROPOSALS IN THE PAST YEAR, AND, UH, ESPECIALLY WITH COVID AND THE COMMUNICATION THAT I HAD BACK AND FORTH WITH THE CITY AND THE INSPECTORS HAS BEEN PHENOMENAL COMPARED TO MY PREVIOUS, UM, UH, PREVIOUS OPPORTUNITIES TO, UH, TO WORK WITH THE CITY. SO THEY'VE MADE IT VERY, VERY, UM, EASY TO UNDERSTAND AND, AND EASY TO WORK WITH. UM, I, IN REGARDS TO THE CONSERVATION DISTRICT, UH, I BELIEVE THAT THE, UH, PROPOSED, UH, CHANGES IN VARIANCE IN CONSTRUCTION THAT WE'RE DOING AT OUR HOUSE, UM, FITS WELL WITHIN THE, THE GUIDELINES AND THE SUPPORT OF THE HOMEOWNERS ASSOCIATION. UH, AS THE, UH, THE BOARD MEMBER, UH, THAT'S IN CHARGE OF THE COVENANT, SHE HAS A CIRCLE DRIVEWAY, AND, UH, IMMEDIATELY ACROSS THE STREET, MY NEIGHBOR WITH A MUCH SMALLER YARD HAS A CIRCLE DRIVEWAY AS WELL. NOT TO MENTION, UM, ACROSS THE STREET, THERE IS A, THERE'S A HOUSE THAT HAS ACTUALLY A TRIPLE, UM, UH, TRIPLE DRIVEWAY, UM, TWO TIMES ON WHISPER WILLOW. SO, UM, I BELIEVE THAT THE WORK THAT I'M DOING FALLS WITHIN THE, THE SCOPE OF WHAT THE NEIGHBORHOOD, UH, APPROVES OF AS, AS ALSO MENTIONED BY THE, UH, H O A I ALSO, UM, AM LOOKING FOR, UH, THE HELP AND THE SAFETY FACTOR FOR THE KIDS, UH, WITH THE TRAFFIC ON THAT, ON THAT SEMI BLIND CORNER AT THE BOTTOM OF THE HILL. SO I THANK YOU FOR YOUR HELP AND, AND HOPEFULLY HAVE YOUR SUPPORT. ALL RIGHT. THANK YOU. UM, WITH THAT IN MIND, UH, I DID, I HAVE TO ACTUALLY HAVE ONE, ONE MORE QUESTION FOR STAFF. I, I, CAN YOU JUST EXPLAIN WHY YOU'RE IN, YOU'RE RECOMMENDING DENIAL FOR THIS IF THE, IF THE NEIGHBORHOOD ASSOCIATION IS FOR IT AND THE RESIDENTS SEEM TO BE FOR IT, AND THERE'S AN ACKNOWLEDGEMENT BY STAFF THAT THERE'S, UH, A NUMBER OF, OF HORSESHOE STYLE DRIVEWAYS IN THE COMMUNITY. IS THERE, CAN YOU JUST PROVIDE SOME INSIGHT WHY YOU'RE RECOMMENDING DENIAL? IT'S AN OBJECTIVE CIRCLE. ULTIMATELY, WE TRY TO SUPPORT, UH, WE, WE DON'T TRY, WE SUPPORT THE N C D TO ITS FULLEST. UH, THE CONSERVATION DISTRICT WAS CREATED BY THE NEIGHBORHOOD, SO WE, WE TRY TO ENFORCE IT THE BEST WE CAN. ALRIGHT, THANK YOU. UH, IS THERE A COMMISSIONER? I'D LIKE TO MAKE A MOTION ON THIS. BRAGMAN, UH, COMMISSIONER BRAGMAN. THANK YOU. MM-HMM. , REGARDING CASE NUMBER BO O A DASH 21 DASH OH 3 21, MOVE TO THE BOARD OF ADJUSTMENT GRANT, THAT REQUEST FOR A 14 FOOT SIX INCH VARIANCE FROM THE WHISPERING OAKS NEIGHBORHOOD CONSERVATION DISTRICT, MAXIMUM DRIVEWAY WIDTH REQUIREMENT OF 19 FEET TWO INCHES TO ALLOW THE TOTAL DRIVEWAY WIDTH TO BE 33 FEET, EIGHT INCHES SITUATED AT 1 1 4 0 2 WHISPER GREEN. APPLICANT BEING JAY KRESKY BECAUSE OF THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTERISTICS OF THIS PROPERTY IS SUCH [02:10:01] THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS MANDATE WOULD, WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT, ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE REQUESTED VARIANCE FOR CONSTRUCTING AN ADDITIONAL DRIVEWAY FOR A PROPERTY BEING A CORNER LOCK AND NOT HAVING A SIDEWALK ON THE SOUTH IS NOT CONTRARY TO PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT A LITERAL ENFORCEMENT WOULD RESULT IN UNNECESSARY HARDSHIP, AND THE APPLICANT CANNOT BUILD AN ADDITIONAL DRIVEWAY WHILE OTHER NEIGHBORS ENJOY THEIR UTILIZED HORSESHOE, UH, DRIVEWAY. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE RATHER THAN THE STRIPPED LETTER OF THE LAW. THE INTENT OF THE WI RING OAKS N C D DESIGN GUIDELINE IS TO PROMOTE CONSISTENCY WITHIN THE NEIGHBORHOOD. THE HORSESHOE DRIVEWAY IS COMMON WITHIN THE NEIGHBORHOOD, AND THE REQUESTED VARIANCE WILL NOT STRAY FAR FROM THE SPIRIT OF THE ORDINANCE. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. BUT SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER OF THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS THE REQUEST TO EXCEED THE ALLOWABLE DRIVEWAY WITH DO NOT POSE A RISK OF SUBSTANTIALLY INJURING. THE USE OF ADJACENT PROPERTIES DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE WHISPERING OAKS, N C D SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FROM WHICH THE VARIANCE IS SOUGHT TO UNIQUE CIRCUMSTANCES, UH, 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 UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER, AND IT'S NOT FINANCIAL IN NATURE. SINCE THE OTHER DESIGN STANDARDS ARE CONSISTENT WITH THE N C D, THE REQUESTED VARIANCE WILL NOT DISTRACT THE UNIFORMITY OF THE COMMUNITY. END OF MOTION. THERE A SECOND. T SECOND. COMMISSIONER TEAL HAS A SECOND. COMMISSIONER BAGMAN, PLEASE LEAD THE DISCUSSION. YES, THANK YOU. I'M GONNA BE IN SUPPORT OF THIS MOTION. UM, I FEEL LIKE WITH THE SUPPORT OF THE NEIGHBORS AND AS WELL AS THE, UM, HOMEOWNERS ASSOCIATION, UM, AND IT SEEMS LIKE THE APPLICANT HAS GONE TO GREAT LENGTHS TO DOT THE T'S AND CROSS THE I'S. UM, I'M GONNA BE SUPPORTING IT. OKAY. COMMISSIONER THIEL? YES, I'M IN AGREEMENT WITH MY COLLEAGUE. UM, I THINK THAT THERE'S BEEN OVERWHELMING SUPPORT. IT'S ALSO A UNIQUE SITE, UH, RELATIVE TO IT BEING A CORNER LOT WITH A, A PUBLIC, UH, PATH THROUGH IT. AND, UH, I, I THINK THAT MAKES IT FOR SOME, SOME DIFFICULT ITEMS THAT WERE MENTIONED BY THE APPLICANT. AND SO I WILL BE IN SUPPORT. GREAT. ARE, ARE THERE ANY OTHER COMMISSIONERS WHO'D LIKE TO ADD TO THE DISCUSSION? MACHACA COMMISSIONER MACHACA AND ALSO WILL SUPPORT THE APPLICANT FOR WHAT, UH, COMMISSIONER TEO SAID IT IS A UNIQUE SITUATION AND, UH, SO MUCH APPROVAL FOR IT. I CANNOT, CANNOT UNDERSTAND WHY IT'S NOT APPROVED. THANK YOU. THANK YOU. UH, ANYONE ELSE? UH, HEARING NONE. STAFF, PLEASE TAKE A ROLL CALL. VOTE. MICHELLE. I CONCUR WITH THE FINDINGS OF FACT. MR. MANCHACA. I CONCUR. MS. CRUZ? YES, I CONCUR. MR. MENNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BREGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. BATTLE. I CONCUR. YES. YOUR OH, I CONCUR, MR. THI YES, I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNA. YES, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. UH, IF I'D LIKE TO CALL FOR A SEVEN MINUTE BREAK, THAT'D BE FINE. SECOND THAT MOTION. OKAY. SEVEN MINUTE BREAK. WE'LL SEE EVERYBODY BACK AT 3 28. WE'RE NOW LIVE. [6. 21-2923 BOA-21-10300026] SO ITEM SIX D O A 21 1 0 3 0 0 0 2 6 AT 1 24 WEST SUMMIT AVENUE COUNCIL DISTRICT ONE APPLICANT IS MICHAEL FRITZ BAIRD. REQUEST FOR ONE A THREE FOOT SEVEN INCH VARIANCE TO THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW CARPORT TO BE ONE FOOT TWO INCHES WITH OR WITH ONE FOOT TWO INCH OVERHANG TO BE ONE FOOT FIVE INCHES AWAY FROM THE SIDE PROPERTY. LINE TWO, A SPECIAL EXCEPTION TO ALLOW A SIDE YARD FENCE TO BE EIGHT FEET TALL. CURRENT ZONING [02:15:01] IS R FOUR. HISTORIC SUBJECT. PROPERTY IS LOCATED 1 24 WEST SUMMIT WITH, UH, WITHIN THE MONTE VISTA. HISTORIC DISTRICT AREA IS CHARACTERIZED BY RESIDENTIAL BUILDINGS. APPLICANT IS WANTING TO BUILD A ONE-STORY METAL CARPORT WITH THE REAR YARD, UH, WITHIN THE REAR YARD. THAT WOULD HAVE A ONE FOOT TWO INCH OVERHANG AND WOULD BE ONE FEET FIVE INCHES AWAY FROM THE SIDE PROPERTY LINE. THE PROPOSED CARPORT WILL HAVE GUTTERS INSTALLED. UH, THERE WASN'T EIGHT FOOT TALL WOODEN FENCE ALONG THE WEST REAR AND A PORTION OF THE EAST SIDE PROPERTY LINE. AND THE APPLICANT IS INSTALLING THE SAME FENCE ON THE REMAINING PORTION OF THE EAST, UH, EAST SIDE PROPERTY LINE. TO HAVE MORE, MORE PRIVACY AND SECURITY, THERE IS AN ALLEY ON THE REAR, REAR SIDE, WHICH ALLOWS THE REAR SIDE FENCE TO BE EIGHT FEET. UH, BY RIGHT. THE APPLICANT IS ALSO REQUESTING A TWO FOOT SPECIAL EXCEPTION FOR THE SIDE YARD, UH, SIDE YARD FENCE HEIGHT. ON JANUARY 20TH, 2021, THE OFFICE OF HISTORIC PRESERVATION ISSUED THE CERTIFICATE OF APPROPRIATENESS AND ALLOWED THE CONSTRUCTION OF A, UH, ONE STORY REAR CARPORT. COPY THE SITE PLAN, SUBJECT PROPERTY REAR YARD, NEIGHBORING PROPERTY ON THE REAR ALLEY. FRONT YARD STAFF RECOMMENDS DENIAL OF THE VARIANCE REQUESTS WITH AN ALTERNATE RECOMMENDATION TO ALLOW THE CARPORT TO BE TWO FEET AWAY FROM THE SIDE PROPERTY LINE. AND BO O A 21 1 0 3 0 0 0 2 6 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUESTED VARIANCE DOES NOT PROVIDE ADEQUATE SPACE TO ALLOW STORMWATER RUNOFF AND LONG-TERM MAINTENANCE. AND THE ALTERNATE RECOMMENDATION PROVIDES ADEQUATE SPACE TO ALLOW THE CARPORT TO FUNCTION AND MAINTAIN APPROPRIATE STRUCTURE MAINTENANCE AND PREVENT STORMWATER RUNOFF ONTO ADJACENT PROPERTIES. STAFF RECOMMENDS APPROVAL OF THE SPECIAL EXCEPTION TO B O A 21 1 0 3 26 BASED ON THE FOLLOWING. FINDS OF FACT, THE EIGHT FOOT FENCE WILL BE IN LINE WITH THE EXISTING FENCE ON THE SIDE, PROPERTY LINES AND THE ADDITIONAL HEIGHT WILL PROMOTE THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. AND THE EIGHT FOOT TALL FENCE ALONG THE SIDE PROPERTY LINE WOULD KEEP IN CHARACTER FOR THE PERMITTED EIGHT FOOT TALL FENCE ALONG THE REAR ALLEY. 17 NOTICES WERE SENT OUT, UH, FIVE WERE RECEIVED IN FAVOR, ZERO IN OPPOSITION. AND THE MONTE VISTA HISTORIC ASSOCIATION IS IN FAVOR. UM, MICHAEL, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION. OKAY. WELL, THANK YOU VERY MUCH. MY NAME IS MICHAEL BAIRD AT 1 2 4 WEST SUMMIT AVENUE, SAN ANTONIO, TEXAS 7 8 2 1 2. AND, UM, THANK YOU VERY MUCH TO THE COMMISSIONERS FOR HERE MY APPLICATION TODAY. UM, SO I WANTED TWO VARIANCES, OR I HAD AN APPLICATION FOR TWO VARIANCES. ONE IS FOR THIS, UM, EIGHT FOOT FENCING AND ONE IS FOR A FIVE, UH, UH, VARIANCE OF THE FIVE FOOT SIDE SETBACK, UH, TO BUILD A, A CARPORT IN THAT'S ACCESSED THROUGH THE REAR. SO BEGINNING WITH THE FENCE, UM, WE CURRENTLY AT AND DO YOU HAVE A COPY OF MY PRESENTATION MATERIALS? IT'S ON NOW. IF YOU'RE WATCHING IT ONLINE, UM, THERE WILL BE A DELAY. SO JUST LET US KNOW THE PAGE AND WE'LL WE'LL SWITCH THAT PAGE. OKAY, SOUNDS GOOD. ALRIGHT. PAGE ONE OF THE PRESENTATION. UM, YOU'LL ON THE LEFT SIDE OF THE, OF THE THAT P D F YOU'LL SEE A, THE, A SURVEY OF OUR PROPERTY, UM, NORTH IS FACING UP ON THE EASTERN SIDE OF THE PROPERTY. UM, YOU'LL SEE TWO XS. THIS MARKS THE LOCATION WHERE THE, UH, THE PROPOSED FENCING. SO WE CURRENTLY HAVE A FOOT FENCING THAT BORDERS OUR ENTIRE BACKYARD WITH THE EXCEPTION OF THIS PARTICULAR AREA. SO, UM, WHAT WE WOULD LIKE TO DO IS CONTINUE THE EXISTING FENCE TO ENCLOSE THIS REMAINING PORTION OF OUR YARD. UM, AND SO THAT THAT'S, AND WE HAVE THE SUPPORT OF THE, OF OUR NEIGHBORS AND THE MOST IMPORTANTLY THE NEIGHBOR WHO WE SHARE THIS PROPERTY LINE WITH. UM, AND THEN AS FAR AS THE CARPORT, UM, AGAIN, YOU'RE GONNA SEE THAT PICTURED IN THIS SURVEY IN THE SOUTHWEST, SOUTHEASTERN, UM, CORNER OF THE PROPERTY. UH, THIS WOULD BE A TWO CAR COVERED PARKING THAT IS ACCESSED THROUGH THE ALLEY. UM, WE ARE REQUESTING THIS VARIANCE BECAUSE OF THE UNIQUE CIRCUMSTANCES OF OUR LOT. UH, WE HAVE A RELATIVELY NARROW LOT. IT'S 50 FEET WIDE, UM, AND WE DO HAVE AN EXISTING LIVE OAK TREE THAT'S RIGHT THERE IN THE MIDDLE OF THE, [02:20:01] OF OUR PROPERTY. YOU CAN SEE IT PICTURED KIND OF TO THE LEFT OF THE CARPORT IN THE SITE PLAN, UH, AND THE CAN, THE TRUNK AND THE CANOPY THERE. UM, AND SO WHAT WE, AND SO YEAH, SO WE'RE JUST THE, WE WOULD LIKE COVERED PARKING BECAUSE, YOU KNOW, WE HAVE TWO, TWO YOUNG CHILDREN WE NEED, WE WANNA BE ABLE TO GET, LOAD THEM AND UNLOAD THEM FROM THE CARS, UM, YOU KNOW, PROTECT IT FROM THE ELEMENTS AND ALSO KIND OF GET, SOMETIMES THEY KIND OF RUN OFF WHEN THEY GET OUTTA THE CAR AND, AND SUMMIT. IT IS A FAIRLY BUSY STREET, SO WE'D LIKE TO GET, PROVIDE A LITTLE PROTECTION FOR THAT. SO THAT'S, THAT'S WHY WE WANT, AND REALLY THIS IS THE ONLY PLACE WHERE A, UM, UH, THE CARPORT COULD GO WITHOUT, YOU KNOW, WHILE PRESERVING THIS, THIS LIVE OAK TREE. UM, THIS IS, WE HAVE THE SUPPORT OF BOTH, UH, BOTH OUR NEXT DOOR NEIGHBORS AS WELL AS OTHER NEIGHBORS IN THE, THE MONTE VISTA HISTORIC ASSOCIATION. UM, IT GOT RECEIVED APPROVAL FROM THE SAN ANTONIO SUE SAN ANTONIO OFFICE OF HISTORIC PRESERVATION. UM, THIS IS TYPE OF DETACHED STRUCTURES ON THE ALLEY IS, IS VERY COMMON IN OUR NEIGHBORHOOD. UM, AND ESPECIALLY IN OUR PARTICULAR ALLEY. UM, THERE'S 13 HOMES THAT SHARE OUR ALLEY. UM, EVERY, EVERY OTHER HOME IN THE ALLEY, UM, HAS A DETACHED STRUCTURE THAT SITS, THAT'S ON, THAT SITS ON THE ALLEY LINE, UM, AND ALL 12 OF THESE STRUCTURES VIOLATE THE FIVE FOOT, UM, SETBACK RULE. UM, AND THIS WOULD, THIS WOULD BE A, A STEEL FRAME CARPORT, UM, WITH A METAL ROOF, SO ALL METAL, UH, OPEN AIR. UM, AND SO THE, I I UNDERSTAND, YOU KNOW, PART OF THE REASON FOR THIS, UH, FIVE FOOT SETBACK IS, IS, UH, TO PREVENT FIRE SPREAD. UM, SO, BUT THAT WOULD NOT BE AN ISSUE WITH THIS BEING AN OPEN AIR, UM, STRUCTURE THAT'S MADE OUT OF METAL. UM, AND IF YOU SCROLL THAT, UH, PAGES TWO THROUGH, UM, SEVEN KIND OF, UH, RENDERINGS FROM THE, UH, LANDSCAPE ARCHITECT OF, OF THE, OF WHAT IT WOULD LOOK LIKE. UM, AND THEN PAGES EIGHT THROUGH 14 OF THE PRESENTATION ARE OTHER, UM, STRUCTURES THAT SHARE OUR ALLEY. AND, AND I'VE JUST PICTURED ALL THE, ALL OF THE OTHER STRUCTURES AND, UM, AND SO THAT, THAT'S BASICALLY MY PRESENTATION. SO I'D RESPECTFULLY REQUEST THAT YOU, UH, GRANT MY APPLICATION FOR A VARIANCE ON THESE, ON THESE TWO ITEMS. OKAY. THANK YOU VERY MUCH. UH, STAFF IS, UH, PLEASE READ THE PUBLIC COMMENTARY INTO THE RECORD. YES, SIR. THESE ARE ALL IN SUPPORT. THIS IS STEVEN SINKIN AT ONE 19 WEST SUMMIT. UM, I WANT TO REGISTER MY SUPPORT FOR THE VARIANCE REQUEST FOR, UH, BY 1 24 WEST SUMMIT. NOW YOU HAVE ANY QUESTIONS, PLEASE, UH, DO NOT HESITATE TO CONTACT ME. NEXT ONE IS FROM MARTHA AND JOE FREEMAN. UH, MICHAEL BARRETT NOTIFIED US THIS AFTERNOON THAT HE HAD RECEIVED OUR RE UH, RESPONSE TO THE CITY'S REQUEST FOR CONCERNING THE B O A CASE BECAUSE WE'RE INTERESTED IN MAKING SURE THAT OUR OPINION IS EXPRESSED IN A TIMELY MET FASHION. WE'RE TAKING THIS OPPORTUNITY TO STATE THAT WE ARE IN FAVOR OF THE BARRETT'S PLAN, UH, FOR THEIR PROPERTY. 1 24 WEST SUMMIT. WE FORWARDED THE RESPONSE, UH, FORM TO YOUR OFFICE ON APRIL 13TH, 2021, AND ATTACHED A SEPARATE, MORE DETAILED, UH, STATEMENT, WHICH, WHICH WAS AS FOLLOWS, WE HAVE RECEIVED, UM, WHICH INCLUDES THE REQUEST FOR TWO FOOT SPECIAL EXCEPTION AND THE SIDE FOOT EIGHT FOOT FENCE SOUTHWEST CORNER. UM, WE UNDERSTAND THAT THE AREA ON THE WEST SIDE OF THE RESIDENCE AT 1 24 BETWEEN THE SOUTHWEST AND NORTHWEST CORNERS OF THE RESIDENCE WILL BE LANDSCAPE IN WITH VEG, UH, VEGETATION. WE SUPPORT AND HAVE NO EXCEPTIONS, UH, TO THE OWNER'S PLAN AS OWNERS OF 1 28 1 30 WEST SUMMIT. WE SIGNED THE RESPONSE FROM THE, UM, FORM AND ATTACHED AS JOSIE FREEMAN AND MARTHA DOTTY FREEMAN ON APRIL 13TH, 2021. PLEASE, PLEASE LET US KNOW THAT THIS EMAIL WILL, WILL SERVE THE PURPOSE OF THE RESPONSE AS PART OF THE CITY. ALL RIGHT, OUR NAMES ARE ALLISON AND SCOTT SINGLETON, AND WE LIVE AT ONE 20 WEST SUMMIT. UH, WE ARE WRITING IN SUPPORT OF, OF MALLORY AND MICHAEL BAIRD'S BARINGS REQUEST AT 1 24 WEST SUMMIT. THIS CARPORT STRUCTURE WILL BE WITHIN THE SETBACK LINE WE SHARE WITH THE, WITH BAIRDS. UH, WE HAVE REVIEWED THE BAIRD'S PLAN AND THE PLAN IS CONSISTENT WITH THE NEIGHBORHOOD AS, UH, EVIDENCED BY THE APPROVAL FROM, UH, MON VISTA ARCHITECTURAL REVIEW COMMITTEE AND THE CITY OF SAN ANTONIO OFFICE OF DISCHARGE PRESERVATION OR DESIGN REVIEW COMMISSION, UH, THE VARIANCE OF THE CARPET WITH WITHIN THE [02:25:01] FIVE FOOT SIDE SETBACK, UH, SIDE OF THE PROPERTY LINE, WE SUPPORT, UH, THE SUPPORT POSTS WILL BE ONE FOOT THREE INCHES FROM THE SIDE PROPERTY LINE AND A ROOF OVERHANG THAT COMES WITHIN THREE INCHES OF THE SIDE PROPERTY LINE. WE HAVE THAT THE, THAT YOU APPROVE THE BEARS VARIANCE REQUEST AT ONE HERE, IT SAYS 1.3 WEST SUMMIT. UM, PLEASE FEEL FREE, UM, PLEASE FEEL FREE TO CONTACT US. NEXT ONE. REGARDING THE PROPERTY 1 24 WEST SUMMIT, I AM IN FAVOR OF THE VARIANCE REQUEST AND THE EXCEPTION TO ALLOW THE, THE TALLER FENCE JANET MURPHY AT 1 25 WEST SUMMIT. NEXT ONE IS FROM MONTE VISTA HISTORICAL ASSOCIATION, BUT WE DO NOT OPPOSE THE APP APPLICATION AS IN IF AND ONLY IF ITEM TWO, THE EIGHT FOOT TALL FENCE REQUESTED IS REPLACING AN EXISTING EIGHT FOOT TALL FENCE OR ADDING TO EXISTING EIGHT FOOT TALL FENCE. OTHERWISE, THE CITY STANDARD SHOULD, UH, PREVAIL. NEXT ONE IN FAVOR, GEORGE SPENCER AT 2 0 2 WEST SUMMIT STRONGLY SUPPORT THIS REQUEST. AND THAT CONCLUDES ALL OF THE COMMENTARY. ALL RIGHT, SO WITH THAT, UH, IS THERE ANY COMMISSIONER QUESTIONS? MANNA, MR. MANNA? SO THOSE QUESTIONS FOR THE APPLICANT? SO, AND IT WAS BROUGHT UP, BUT I, I GUESS I, I DIDN'T QUITE HEAR THE ANSWER WITH REGARDS TO THE SLOPE OF THE ROOF AND POTENTIAL WATER RUNOFF. I, I THINK I HEARD THERE WAS A GUTTER, BUT, UM, YOU KNOW, UH, JUST WANT TO CONFIRM THAT AND, AND HOW THE WATER IS GONNA BE MANAGED OFF THIS, UH, STRUCTURE. YES, COMMISSIONER, THE, UH, SO THE SLOPE WILL BE SLOPED TO TOWARDS THE ALLEY. IT'LL BE, YOU KNOW, PITCHED TOWARDS THE ALLEY, SO THE WATER WILL RUN OFF THAT. UM, AND THAT AS, AS ALL THE OTHER KIND OF DETACHED STRUCTURES THAT FACE THE L E R, THAT'S THE NA NATURAL, UM, DRAINAGE COURSE FOR, FOR OUR PARTICULAR AREA OF THE NEIGHBORHOOD. AND, UM, COULD DEFINITELY ADD GUTTERS IF, IF, IF WE NEEDED TO DO THAT AS WELL. OKAY. THANK YOU. ALL RIGHT. ANY OTHER QUESTIONS? ALL RIGHT, WELL, UM, I HAVE A QUESTION FOR STAFF. I JUST WANNA MAKE SURE THAT, UH, FOR YOUR, YOUR, UH, RECOMMENDING DENIAL WITH AN ALTERNATE MOTION TO, TO, UH, INCREASE TO TWO FEET INSTEAD OF, UM, FOOT AND A HALF. IS THAT CORRECT? YES, SIR. JUST TO MOVE IT OVER A LITTLE BIT. SO THERE'S, UH, RUNOFF AS WELL AS, UH, MAINTENANCE. OKAY. BUT IT'S, IF, IF THE ROOF PITCH IS, IS SLIPPING OUT TO THE ALLEY, IT'S REALLY JUST MORE FOR MAINTENANCE. THAT IS CORRECT. OKAY. ALL RIGHT. IF THERE'S NO MORE QUESTIONS, UM, THE APPLICANT, YOU'RE, YOU CAN MAKE ANOTHER TWO TO THREE MINUTE CLOSING REMARK IF YOU SO WISH BEFORE WE GO ON TO A MOTION. UM, THAT'S ALL RIGHT. I, I THINK I'VE, UM, I, I HAVE NOTHING FURTHER TO ADD, BUT I APPRECIATE YOUR TIME AND, AND THANK YOU FOR YOUR CONSIDERATION. ALL RIGHT. THANK YOU. UH, IS THERE A COMMISSIONER WHO WOULD LIKE TO MAKE A MOTION ON THIS? SO, UH, COMMISSIONER, SHE, REGARDING CASE NUMBER BO O A 21 DASH 1 0 3 0 26, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A THREE FOOT SEVEN INCH VARIANCE TO THE MINIMUM FIVE FOOT SIDE SET BACK REQUIREMENT TO ALLOW A CARPORT WITH A ONE FOOT TWO INCH OVERHANG TO BE ONE FEET, ONE FOOT FIVE INCHES AWAY FROM THE SIDE PROPERTY LINE SITUATED AT 1 24 WEST SUMMIT AVENUE, APPLICANT BEING MICHAEL BAIRD. 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 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 PROPOSED METAL CARPORT WILL HAVE GUTTERS INSTALLED TO CONTROL THE STORM, STORM WATER RUNOFF. THE VARIANCE REQUESTED IS NOT CONTRARY TO PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE RATHER THAN THE STRICT LETTER OF THE LAW. A LITER, A LITERAL ENFORCEMENT, WOULD RESULT IN UNNECESSARY HARDSHIP AND THE APPLICANT CANNOT BUILD THE CARPORT AS INTENDED. 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 THE INTENT OF THE CODE RATHER THAN THE STRICT LETTER OF THE LAW. THE REQUESTED VARIANCE TO ALLOW FOR A CARPORT TO HAVE LESSER SIDES SET BACK WOULD ALLOW ADEQUATE SPACE FOR MAINTENANCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY [02:30:01] 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. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST FOR THE SIDE SETBACK, ENCROACHMENT OF THE CARPORT, 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. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE UNIQUE CIRCUMSTANCES, CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER AND IS NOT FINANCIALLY IN NATURE. END OF MOTION. THANK YOU. IS THERE A SECOND? SECOND. UH, WE HAVE A SECOND GOODBYE. COMMISSIONER AMANDA, UH, COMMISSIONER SNOW, PLEASE LEAD THE DISCUSSION. UM, I'LL BE IN SUPPORT OF THIS MOTION. UM, THE APPLICANT HAS, UM, GOTTEN THE APPROVAL OF H D R C AS WELL AS, UH, THEIR NEIGHBORS AND, UM, THE COMMUNITY ASSOCIATION. UM, AND IT LOOKS LIKE IT WILL BE A GOOD ADDITION TO THIS PROPERTY. ALL RIGHT, COMMISSIONER AMANDA, I CONCUR WITH MR. SHELL. UM, AND ADDITIONALLY, UM, THE PROPERTY NEXT DOOR APPEARS TO HAVE A STRUCTURE ON THE PROPERTY LINE AS WELL. SO I, I THINK THAT, UH, THIS IS, FITS VERY WELL WITHIN THE CHARACTER OF THAT COMMUNITY. ALRIGHT, UH, ANY KINDA OTHER COMMISSIONS YOU'D LIKE TO ADD? I NON-STAFF PLEASE TAKE A ROLL CALL THOUGH. MICHELLE, I CONCUR WITH THE FINDINGS OF FACT. MR. MANCA. I CONCUR. MS. CRUZ? YES, I CONCUR. CONCUR. MR. MANA. I CONCUR WITH THE FINDINGS OF FACT. MS. BREGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. BATTLE? YES, I CONCUR. MS. FISHER? YES, I CONCUR. MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. UNA. YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR OR IN I ALSO CONCUR WITH THE FINDINGS OF FACT. A MOTION PASSES UNANIMOUSLY. UH, NOW FOR A MOTION, UH, FOR THE, UH, OFFENSE ELEMENT, ANYONE SHALL COMMISSIONER SHALL REGARDING CASE NUMBER BO O A 2 1 1 0 3 0 0 6 THAT THE BOARD OF ADJUSTMENT GRANT A TWO FOOT SPECIAL EXCEPTION TO ALLOW A SIDE YARD FENCE TO BE EIGHT FOOT EIGHT FEET TALL, SITUATED AT 1 24 WEST SUMMIT AVENUE, APPLICANT BEING MICHAEL BAIRD. 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 UNI UNIFIED DEVELOPMENT CODE 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 ADDITIONAL FENCE HEIGHT IS INTENDED TO PROVIDE SECURITY OF THE APPLICANT'S PROPERTY. THE REQUEST TO INSTALL AN EIGHT FOOT TALL FENCE ON THE SIDE PROPERTY LINES WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B. THE PUBLIC WELFARE AND CONVENIENCE WILL BE SIMPLY SERVED. PROPERTY IS ABUTTING AN ALLEY ON THE REAR SIDE, WHICH ALLOWS FOR AN EIGHT FOOT TALL FENCE FOR THAT PORTION. AN EIGHT FOOT TALL FENCE ALONG THE SIDE YARDS WILL PROVIDE ADDITIONAL SECURITY FOR THE APPLICANT'S PROPERTY. THIS IS NOT CONTRARY TO THE PUBLIC INTEREST. SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE WILL ENHANCE SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY AND IS HIGHLY UNLIKELY TO INJURE ADJACENT PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION OF WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE REQUESTED SPECIAL EXCEPTION FOR THE FENCE HEIGHT DOES NOT DETRACT FROM THE CHARACTER OF THE NEIGHBORHOOD. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. SECOND. SECOND. COMMISSIONER AMANDA, COMMISSIONER SNOW, UH, PLEASE, UH, LEAD THE DISCUSSION, UH, SIMILAR TO THE PREVIOUS MOTION. UM, I WILL BE IN FAVOR. UH, THIS LOOKS TOTALLY REASONABLE. THEY'RE JUST FILLING IN A GAP IN THEIR FENCE AND I APPRECIATE THAT THEY GOT THE SUPPORT OF THEIR COMMUNITY. [02:35:02] ALL RIGHT. AWESOME. COMMISSIONER MAMMOTH. I CONCUR WITH COMMISSIONER SCHNELL. ALRIGHT, ANY OTHER COMMISSIONERS LIKE TO CHIME IN? I ALL RIGHT. STAFF, PLEASE TAKE A ROLL CALL. VOTE. MICHELLE. I CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. CONCUR. I CONCUR WITH THE FINDINGS OF FACT. MS. RAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. BES I CONCUR. MS. FISHER? YES, I CONCUR. MR. TEAL? YES, I CONCUR. MR. UNA? YES, I CONCUR. AND MR. OR CHAIR ORIAN AND I ALSO CONCUR. MOTION PASSES UNANIMOUSLY. UH, ONTO ITEM NUMBER SEVEN P O [7. 21-2961 BOA-21-10300032] A 8 21. 1 0 3 0 0 0 3 2, LOCATED AT 13 0 6 6 NORTH HUNTER CIRCLE COUNCIL DISTRICT EIGHT, UH, APPLICANT IS CARBON UH, GROWTH. IT THE REQUEST FOR A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENTS TO ALLOW AN ADDITION TO BE 10 FEET AWAY FROM THE REAR PROPERTY LINE ZONING IS R SIX SINGLE FAMILY RESIDENTIAL DISTRICT. ALL OVERLAYS REMAIN SAME. NEXT SLIDE PLEASE. SUBJECT PROPERTY IS LOCATED ALONG NORTH HUNTER CIRCLE AND THE APPLICANT IS CONSTRUCTED IN ADDITION TO THE STRUCTURE THAT IS 10 FEET FROM THE REAR PROPERTY LINE. THE PROPERTY OWNER DID APPLY FOR A RESIDENTIAL BUILDING PERMIT FOR THE ADDITION AT PERMIT INTAKE. THE REVIEWER MISSED THE REAR SETBACK ISSUE AND ISSUED THE PERMIT IN ERROR. THE STRUCTURE WAS IN THE FINAL STAGES OF INTERIOR FINISH OUT WHEN THE REAR SETBACK ISSUE WAS DISCOVERED, A CODE ENFORCEMENT TEAM INVESTIGATED THE CONSTRUCTION SIDE AND THE ADDITION, WHICH IS WHEN THE STEP BACK ISSUE WAS OBSERVED. THE APPLICANT WAS INFORMED OF THE ERROR AND DECIDED TO PRESENT THEIR CASE TO THE BOARD. NEXT SLIDE. UH, THIS SLIDE ILLUSTRATES THE SITE PLAN IS REQUIRED FOR THE CASE AND SHOWING THE PROPOSED ADDITION. NEXT COUPLE OF SLIDES WILL SHOW THE SUBJECT PROPERTY AS WELL AS THE, UH, ADJACENT PIECES GONNA GO THROUGH THE SLIDE. THAT'S THE ADDITION THAT YOU SEE ON THAT. THAT'S THE ADDITION AS WELL. THE DISTANCE, AS YOU CAN SEE, IT'S STILL UNDER CONSTRUCTION. THIS IS THE REAR NEIGHBOR TO THE BACK. THEIR, UH, PATIO COVER IS ABOUT 10 FEET TO THE PROPERTY LINE AND THE SURROUNDING AREA FROM THE STREET VIEW, YES. STREET. TWO. THE REMAINDER OF THE STREET STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT, THE PRO PROPOSED STRUCTURE WILL STILL BE SETBACK 10 FEET AND THERE ARE OTHER STRUCTURES IN THE SURROUNDING AREA WITH SIMILAR SETBACKS. OKAY. NOTIFICATION SHOWS THAT 24, UH, NOTICES WERE MAILED. FIVE WILL RETURN IN FAVOR. 10 WERE RETURNED IN OPPOSITION. THE HUNTER'S CREEK NEIGHBORHOOD ASSOCIATION IS OPPOSED. WE DID RECEIVE, UM, NOTICES FROM OUTSIDE OF THE 200 FEET WITH ONE IN OPPOSITION AND FOREIGN SUPPORT. THERE IS, UH, QUITE A FEW LETTERS TO BE READ AND STATEMENTS TO BE READ INTO THE RECORD, JUST TO LET YOU KNOW. UH, BUT THE APPLICANT IS ON THE LINE AND, UH, SHOULD BE READY TO GO AHEAD AND PRESENT. ALRIGHT, LET'S HEAR FROM THE APPLICANT. MS. GRO, IF YOU'RE THERE, PLEASE HIT STAR SIX TO UNMUTE YOURSELF. GOOD AFTERNOON. MY NAME IS CARMEN GRA AND I AM THE HOMEOWNER OF PROPERTY KNOWN AS 1 3 0 6 6 NORTH HUNTER CIRCLE, HONORABLE MEMBERS OF THE BOARD OF ADJUSTMENT AND STAFF. I REALLY APPRECIATE THE OPPORTUNITY TO PRESENT MY CASE TO YOU. TODAY I COME TO YOU REQUESTING A VARIANCE TO A REAR BUILDING SETBACK. AS MENTIONED BY STAFF, A RESIDENTIAL BUILDING PERMIT WAS OBTAINED IN APRIL, 2020, [02:40:01] WHERE THE ADDITION AT THE REAR OF MY PROPERTY TO ACCOMMODATE MY ELDERLY MOTHER AND SEVEN YEAR OLD SON. AT NEARLY COMPLETION, WE WERE INFORMED BY THE CITY OF SAN ANTONIO OF OVERSIDE WHEN THE PERMIT WAS GRANTED REGARDING THE 20 FOOT REAR SETBACK. TO THIS DAY, A NEW WATER LINE, A NEW SEWER LINE, HAD BEEN INSTALLED AS REQUESTED BY THE CITY PLUMBING INSPECTOR. WE HAVE HAD FOUNDATION INSPECTOR, I'M SORRY, UH, FOUNDATION INSPECTION AND A PHASE ONE OF FRAME HAS ALSO PASSED. WE HAVE INSTALLED WINDOWS, DOORS, SIDING, AND THE ROOF ON PAGE THREE OF MY PRESENTATION. THIS VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. IN MY OPINION, THE PROPOSED ADDITION IS NOT VISIBLE FROM THE ROAD TO FRANCE 6 16 16 RESIDENTS. THE ADDITION DOES NOT POSE ADVERSE IMPACT ON THE PUBLIC HEALTH, SAFETY, AND PUBLIC WELFARE. THE ADDITION STRUCTURE IS THE ONE STORY ATTACHED WITHIN CHARACTER OF THE PRIMARY RESIDENCE AND SURROUNDING NEIGHBORHOODS. AS YOU CAN TELL ON THOSE PICTURES ON THE RIGHT, ON THE NEXT SLIDE, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WILL RESULT IN UNNECESSARY HARDSHIP. PARCEL OF LAND HAS UNIQUE AND SPECIAL CONDITIONS. THE ADDITION WAS PERMITTED AND ENCROACHES INTO THE 20 FOOT REAR SETBACK, A MODIFICATION TO REMOVE THE ADDITION TO NOT ONLY THE, A FINANCIAL BURDEN, BUT WOULD ALSO CAUSE UNNECESSARY HARDSHIP. MY HOME IS ALSO SURROUNDED BY HERITAGE PROTECTED TREE RANGING FROM 29 TO 52 INCHES IN DIAMETER AND TOTAL, WE ARE TALKING ABOUT 16 TO 19 TREES. AND THE NEXT SLIDE, NUMBER FIVE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. AS YOU CAN SEE ON THIS EXHIBIT, BASED ON RECENT IMAGERY, THE PROPERTY D FROM MY PROPERTY HAVE ALSO BUILT PERMANENT STRUCTURES OVER THE 20 FOOT SETBACK. AND I BELIEVE THAT'S LIGHT NUMBER FIVE. THIS PICTURE REFLECT WHAT OTHER PROPERTIES AROUND THE MINE LOOK LIKE AND THE CLOSE PROXIMITY . SO HERE IS THE EXHIBIT THAT SHOWS THE PROXIMITY OF OTHER PROPERTIES AND HOW THINGS LOOK LIKE IN OUR NEIGHBORHOOD. THE NEXT SLIDE SHOWS PICTURES REFLECTING WHAT OTHER PROPERTIES LOOK LIKE AND THE PRO CLOSE PROXIMITY. UM, WE ARE A UNIQUE NEIGHBORHOOD IN A CA A HOME IS EQUAL TO THE NEXT ONE. SUCH VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A U OR A USE OTHER THAN THOSE USE AUTHORIZED BY THE DISTRICT. THE RE THE USE WILL REMAIN HAVE AUTHORIZED BY SONY. THESE 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. AS I HAVE SHOWN IN THE PICTURES, THE SUPPLY OF THE OWNER OF THE PROPERTY IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND WERE NOT CREATED BY THE OWNER. THE UNFORTUNATE SITUATION WAS NOT CREATED BY MYSELF, BUT AN OVERSIGHT BY STAFF AT THE TIME WHEN CONSTRUCTION PERMIT WAS ISSUED. WE HAVE REACHED SUBSTANTIAL CONSTRUCTION COMPLETION, AND I RESPECTFULLY REQUEST THAT THIS VARIANCE IS GRANTED. THANK YOU. ALL RIGHT, THANK YOU. UM, STAFF, UH, CAN YOU PLEASE READ THE, UH, PUBLIC COMMENT THEN? YES, SIR. SO THE FIRST ONE IS FROM HARVEY ABEND, 13 0 7 1 NORTH HUNTER CIRCLE IN OPPOSITION. THE CORRECT ZONING PERMITS SHOULD BE, SHOULD BE FOLLOWED. UH, THIS INFRINGES ON, ON THEIR NEIGHBORHOOD PROPERTY VALUE. NEXT ONE. [02:45:09] OKAY, SO THE NEXT ONE, THERE'S NOTHING, WE'RE TRYING TO DO IT IN ORDER THE WHAT'S ON THE SCREEN FOR YOU. THE NEXT ONE IS FROM ELAINE, UH, NIK, 13 0 5 9 HUNTER CIRCLE IN OPPOSITION. I OPPOSE THAT THE ADDITION TO THE HOUSE, UM, AT THIS LOCATION, IT LOOKS LIKE A VERY LONG BARRACKS AND WAY TOO CLOSE TO THE, TO THEIR NEIGHBORS. NEXT ONE IS MICHAEL SWANSON. 13 0 5 5 NORTH HUNTER CIRCLE. OPPOSITION, I AGREE WHOLEHEARTEDLY WITH, WITH ASHERS AND OPPOSING A VARIANCE. ALL RIGHT. SO THIS IS A LETTER FROM MR. ASHER. UH, WE LIVE DIRECTLY BEHIND THE PROPERTY, STATED ABOVE AND ARE THE MOST AFFECTED. THE NEW EXTENSION SUBSTANTIALLY TRACS FROM THE APPEARANCE AND VALUE OF OUR A LOT AND SURROUND LOTS. WE STRONGLY OPPOSE THE VARIANCE REQUEST. UH, THE BUILDING WAS CONSTRUCTED WITHIN 10 FEET OF OUR SHARED, UH, REAR PROPERTY LINE. WITHOUT NOTICE OF FORE WARNING, IT FAILED TO MEET THE CRITERIA REQUIRED FOR, UH, FOR VARIANCE APPROVAL, SPECIFICALLY 1, 2, 3, 5, AND SIX. ANY NEW VALUE ADDED TO THEIR PROPERTY IS AT THE DIRECT EXPENSE OF OUR OWN, AND WE PLEAD THAT, UH, IT BE REMOVED, RELOCATED, OR RECONSTRUCTED. TO ABIDE BY THE GOVERNING RULES, OUR PROPERTY VALUE HAS BEEN NEGATIVELY AFFECTED. AS YOU CAN SEE FROM THE PHOTOS, THERE IS NO ESCAPE FROM, UH, THIS BARN LAG STRUCTURE WITH 12 INCH WALLS FROM ANY WINDOW IN OUR HOME. IF RETAINED, IT WILL REQUIRE A CONSIDERABLE AMOUNT OF RESOURCES TO MASK, HIDE, REWORK. THE PROPERTY OWNER APPLIED, UH, FOR AN INCORRECT ZONE PERMIT R THREE INSTEAD OF R SIX. AND IT'S SIGNIFICANTLY OUT OF COMPLIANCE WITH SETBACK RESTRICTIONS, INTENTIONS OR NOT. THIS IS AN ERROR THAT NO CONTRACT CONTRACTOR APPLICANT SHOULD MAKE. THE NEW CONSTRUCTION ALSO BUILT OVER THE PROPERTY PROPERTY'S 12 FOOT UTILITY EASEMENT. DESPITE THE PERMANENT, UH, EXPLICIT STATING, IT MUST COMPLY WITH SETBACKS. MUST COMPLY WITH U D C AND I R C NOT TO BUILD OVER EASEMENTS. MULTIPLE NEIGHBORHOOD BYLAWS OF COVENANTS WERE AL ALSO IGNORED DISCARDED EASEMENTS, UH, AND SETBACKS NOT ONLY HELPED THEM BUILD LONGER, IT HELPED THEM BUILD TALLER. NO CLEAR, UNNECESSARY HARDSHIP CAUSED BY EXCEPTIONAL PHYSICAL CHARACTER OF THIS, UH, PROPERTY EXISTS, LOT SIZE 11,000 SQUARE FEET DIMENSIONS, UNIFORM OR TECHNICAL, UH, SLOPE FLAT OR USAGE. PLENTY OF ROOM ON NORTH SIDE OF, OF HOME. UH, THE SITE, THE SITE PLAN IS ALSO NOT DRAWN TO SCALE. THE SITE PLAN INFERS A NOTABLY SMALLER BUILDING THAT WAS ACTUALLY CONSTRUCTED. PLEASE USE THE PHOTOS PROVIDED IN LIEU OF THE SITE PLAN FOR, UH, VISUALS. THIS ALSO AFFECTS US PERSONALLY. MY ULTIMATE GOAL IS TO TWO MINUTES. TWO MINUTES. THAT IS TWO MINUTES. OKAY. DAVID SPO 13 0 7 4 NORTH HUNTER CIRCLE, SIMPLY STATES THEY'RE IN OPPOSITION. UH, NEXT ONE IS FROM JOHN RANDOLPH, 13 1 0 8 HUNTERS LEDGE, UM, PRESIDENT OF HUNTER'S CREEK NEIGHBORHOOD ASSOCIATION. AS PRESIDENT OF THE HUNTER'S CREEK NEIGHBORHOOD ASSOCIATION, I'M LETTING YOU KNOW THAT OUR BOARD REQUESTED VARIANCE REQUEST NUMBER, UH, 32 BE DENIED IN THIS CASE. THE HOUSE INVOLVED 13 0 6 6 NORTH HUNTER CIRCLE IS IN THE HUNTER'S CREEK SUBDIVISION. THE CITY'S R SIX ZONING, 20 FOOT REAR SETBACK RESTRICTIONS FROM A REAR PROPERTY LINE WAS DEVELOPED BY THE CITY TO PRESERVE THE CHARACTER OF A, OF A NEIGHBORHOOD AND OURS ZONED R SIX. OUR COMMUNITY AS WELL, DESIGNED BY ORIGINAL DEVELOPER, AND WE SHOULD, WE WOULD ALSO LIKE TO PRESERVE THE CHARACTER AND OPENNESS OF THE R SIX NEIGHBORHOOD, IN PARTICULAR WITH A 20 FOOT REAR SETBACK REQUIREMENT ON ANY NEW STRUCTURES IN OUR NEIGHBORHOOD WITH ONLY 10 FEET, SIX INCHES, UH, SIX BACK. THE NEW STRUCTURE NOT ONLY IGNORES THE 20 FOOT REAR SETBACK RESTRICTION, BUT ALSO DOES NOT ALLOW THE 12 FOOT UTILITY GAS, ELECTRICAL EASEMENT, DESIGNATED AND ORIGINAL PLATING FOR THE SECTION OF OUR SUBDIVISION. THESE RESTRICTIONS WERE DESIGNED WITH GOOD REASON AND WE WANT THE CITY OF SAN ANTONIO TO ENFORCE THEM. ADDITIONALLY, IT DOES NOT ADHERE TO THE ORIGINAL DEEDED RESTRICTIONS FOR THE PROPERTY AND THE COMPOSITION OF THE EXTERIOR OR THE SETBACK, WHICH MAKES IT OUT OF CHARACTER AND THE REST OF THE COMMUNITY. FOR THESE REASONS, SUPPORT OF THE HUNTERS CREEK [02:50:01] NEIGHBOR ASSOCIATION URGE YOU TO VOTE NO ON THE VARIANCE REQUEST FOR, FOR THIS CASE. SINCERELY, JOHN RANDOLPH. OKAY, NEXT ONE. IT'S FROM J HAYNE OR HAYDEN AND, UH, MARIA HAYDEN, OR 13 0 7 5 NORTH HUNTER CIRCLE. BASED ON THE FISH INFORMATION GATHERED AFTER VISITING, UH, WITH BOTH PARTIES, WE ARE IN FAVOR OF THE VARIANCE REQUEST, UH, BY THE PROPERTY OWNERS AT 13 0 6 6 NORTH HUNTER CIRCLE. NEXT ONE IS FROM, UH, CORY FUJIMOTO AT 13 2 0 6 HUNTERS BREEZE. I'M THE PROPERTY OWNER AT 13, UH, 2 0 6 HUNTERS BREEZE, AND I'M RESPONDING TO THE NOTICE OF BOARD ADJUSTMENT IN PUBLIC HEARING REGARDING CASE 32. THE REQUEST IS FOR A REQUEST FOR A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW THE ADDITION TO BE 10 FEET AWAY FROM THE REAR PROPERTY LINE FOR 1306 NORTH HUNTER CIRCLE. I AM IN OPPOSITION TO THIS REQUEST. I BELIEVE THE VARIANCE WILL LOWER THE PROPERTY VALUE OF THE SURROUNDING HOMES BECAUSE I BELIEVE CURRENT AND PR UH, PROSPECTIVE HOMEOWNERS ARE ATTRACTED TO THE NEIGHBORHOOD'S PRIVACY THROUGH, UH, THROUGH OPENNESS IN HOMES THAT ARE NOT TOO CLOSE TOGETHER. UH, THIS IS MAINTAINED IN PART THROUGH THE 20 FOOT REAR SETBACK REQUIREMENT. WITH THE PROPERTY ZONED CURRENTLY IN PLACE, UH, APPROVING THE VARIANCE COULD SET PRECEDENT FOR FUTURE VARIANCES, WHICH WOULD DEFEAT THE PURPOSE OF THESE ZONING REQUIREMENTS. NEXT ONE, I FROM NICK REYNOLDS AT 35 0 7 HUNTER CIRCLE IN OPPOSITION. THESE PROPERTY RESTRICTIONS ARE IMPORTANT, UH, AND PROTECTING NEIGHBORHOOD RIGHTS OF VARIANCE VIOLATES THESE, UH, PROTECTIONS. NEXT ONE. MY NAME IS PATRICIA KENT, AND I LIVE AT 13 0 3 1 HUNTERS RIDGE. I'M IN OPPOSITION TO THE BOARD OF ADJUSTMENT APPROVING THE VARIANCE REQUEST. IN THIS CASE, OUR SUBDIVISION, HUNTERS CREEK IS ZONED R SIX, AND I BELIEVE THAT THE REQUIREMENTS FOR THE ZONING, UH, SHOULD BE UPHELD. THE ORIGINAL DEVELOPER IN OUR SUBDIVISION DID A GOOD JOB OF CREATING OPEN FEELING IN OUR NEIGHBORHOOD. I BELIEVE THAT PROVING THIS VARIANCE REQUEST WOULD DIMINISH THAT OPEN FEELINGS OF SUBSTANTIALLY OR RESTRICTING VIEWS OF FOR NEIGHBORS, MOST ESPECIALLY FOR PROPERTY DIRECTLY BEHIND THE PROPERTY AT 1306 NORTH HUNTER CIRCLE. NEXT ONE LETTERS ACKNOWLEDGED THAT MY SUPPORT, UH, FOR MR. AND MRS. GROSS PROPERTY EXPANSION. THESE HOMEOWNER HAVE PRESIDING IN THE HUNTER'S, UH, CIRCLE NEIGHBORHOOD FOR ALMOST 20 YEARS. DURING THE, UH, THAT PERIOD, THEY HAVE BEEN, UH, MODEL RESIDENTS AND CONTINUE TO DO, UH, CONTINUE TO DO IN THEIR MOST RECENT ADDITION TO THEIR HOME. IN ORDER TO PROVIDE REASONABLE ACCOMMODATIONS FOR THEIR MOTHER, THEY SOUGHT, UH, THE REQUIRED PERMITS TO BUILD ON THEIR, THEIR LOT IN APRIL, 2021. NOT UNTIL RECENTLY HAS ALL OF, UH, THIS FERVOR, UH, BY VERY FEW RESIDENTS COME TO LIFE. I COULD UNDERSTAND IF THE PROPERTY WAS ON THE PROPERTY LINE OR A PROPERTY OR OBSTRUCTED THEIR VIEWS TO THE SEA OR MOUNTAINS. COME ON AND SET A, A REASON TO COMPLAIN JUST IN TIME TO SEE THE PROPERTY COMPLETED. THERE ARE HOMES IN THE NEIGHBORHOOD WITH CLOSER ENCROACHMENTS, CAMPERS IN THEIR YARDS, AND A WHOLE HOST OF OTHER PARTAL COMPLAINTS. DO WE REALLY WANT TO GO DOWN THAT PATH AND MY ASSESSMENT, ASSESSMENT COMPLETELY UNFAIR AND UNTIMELY. FURTHERMORE, THERE IS NO MANDATORY H O A IN IN THE NEIGHBORHOOD. AND IF YOU LOOK AROUND, EVERY HOME IS UNIQUE, DIFFERENT BECAUSE OF IT. FINALLY, WHO CAN COMPLAIN ABOUT A FAMILY TRYING TO PROVIDE THEIR MOTHER? THE IDEA OF A MOTHER-IN-LAW SUITE HOME IS, UH, THE VERY FABRIC OF SAN ANTONIO'S COMMUNITY, UH, HISPANIC COMMUNITY. THIS IS NOT A, A MOVE TO, TO FOR PROFIT, BUT A OUT OF NECESSITY. WE, FOR ONE, ARE HAPPY TO SEE THE, THE NEW ADDITION. AND THAT'S RI UM, AND INGRID DICKERSON AT 13 0 5 8 NORTH HUNTER CIRCLE. NEXT IS SUPPORT. UM, WITHIN 10 FEET. LET'S SEE. THIS IS, IT LOOKS LIKE A LOT OF THESE WERE REPEATS. WE HAVE ADRIAN REESE AT 13 0 6 7 HUNTERS CIRCLE. ISABELLA, UH, ISABEL CERVANTES OUTSIDE, 200 FOOT AREA 13 0 3 1 HUNTERS RIDGE, LINDA ROLLINS OUTSIDE, 13 0 4 7 NORTH HUNTER CIRCLE. WE DO HAVE ONE OPPOSED, WHICH IS, UM, HARVEY. WE ALREADY READ THAT ONE. JAMES HALL, [02:55:02] 13 0 7 9 NORTH HUNTER CIRCLE. SAID DICKERSON ALREADY READ CLAYS. UH, SPENCER 1305 OH NORTH HUNTER CIRCLE. UH, THE NEXT ONE. MEGAN POOL OUTSIDE THE CENTER FOOT AREA AT 36 3 4. HUNTER CIRCLE, ALICE IAN, OUTSIDE THE CENTER FOOT AREA AT 36 10 HUNTER CIRCLE. THESE ARE ALL IN FAVOR. UM, AS YOU CAN SEE ON THE, YOU CAN SEE ALL OF THEIR COMMENTS AS WELL ALONG WITH THIS SURVEY. NEXT ONE, ROBERT TRUMAN AT 35 0 200. SCOTT SOUND, TONY MAY CONCERN, THANK YOU FOR TAKING THE TIME TO REVIEW THE VARIANCE REQUEST FOR THIS PROPERTY, THIS EMAIL AS IN RESPONSE TO THE NOTICE IN THE DEVELOPMENT SERVICES DEPARTMENT REGARDING REQUEST FOR VARIANCE CLOSE TO MY HOME. I WOULD LIKE TO RESPECTFULLY REQUEST THAT THIS VARIANCE BE DENIED AND THE STRUCTURE RETURN TO THE PROPER SETBACKS FOR THE FOLLOWING REASONS. THERE IS NO HARDSHIP RELATED TO THE PROPERTY AT 30 13 0 6 6. PROPERTY IS LIKE MANY HOMES AROUND IT, AROUND IT RECTANGULAR. THERE'S SIMPLY, THERE'S COUNCIL ROOM FOR ADDITIONAL, UH, FOR AN ADDITION. WITHIN LIMITED MANDATED SETBACKS, THE OWNERS CHOSE TO IGNORE THE SETBACKS BY PREFERENCE, NOT OUT OF NECESSITY. THE ADDITION NEGATIVELY IMPACTS, UH, PROPERTY VALUES OF THE PROPERTY HOMES BY REDUCING THE USEFULNESS AND AESTHETIC VALUES OF BACK OF BACKYARDS, UH, IMPACTED BY THE SETBACK VIOLATION. HUNTER'S CREEK HOMES ARE NOT COOKIE CUTTER HOMES. THEY'RE THOUGHTFUL, THOUGHTFULLY PLACED ON EACH PROPERTY TO ENSURE PRIVACY AND NICE VIEW FROM ALL WINDOWS. MYSELF AND MANY OF THE NEIGHBORS HAVE NO REAR FACING WINDOWS, UH, COVERING THANKS TO THE THOUGHTFUL LAYOUT AND ADHERENCE TO THE SETBACKS. AS CAMPS, AS COMPS ARE CRITICAL TO PRICING HOMES, THIS WILL HAVE A NEGATIVE IMPACT ON PROPERTY VALUES BEYOND JUST THOSE PROPERTIES. UH, THAT BACK TO THE IMPROPER ADDITION, ALLOWING HOMEOWNERS IGNORE SETBACKS SET A DANGEROUS PRECEDENT AS HOME PRICES INCREASE OR HOMEOWNERS CONSIDER ADDITIONS. IF HOME, IF HOMEOWNERS MUST SIMPLY BUILD AN ADDITION AND REQUEST A VARIANCE. WHAT IS TO STOP ANYONE FROM IGNORING ANY SETBACKS, MYSELF INCLUDED? WHAT ARE THE LAWS OR REGULATIONS CAN BE IGNORED WHEN BUILDING AN ADDITION? DOES ELECTRICAL PLUMBING NEED TO BE, UH, UP TO CODE? UH, AND IN SUMMARY, IN SUMMARY, THE ADDITION OF THE 13 0 6 6 VIOLATE SETBACKS HAS NO HARDSHIP REQUIRING THE VIOLATION OF SETBACK. THE N AND NEGATIVELY IMPACTS NOT ONLY IMMEDIATE HOMES, BUT THE NEIGHBORHOOD AS A WHOLE. I REQUEST THAT THE VARIANCE BE DENIED AND THE ADDITION REMOVED OR MODIFIED TO A POINT WHERE IT COMPLIES WITH THE EXISTING SETBACKS. SO THE NEXT ONE HAS A VOICEMAIL ATTACHED TO IT. UM, I BELIEVE IT'LL BE WITHIN THE TWO MINUTES. I LIVE NEXT DOOR AT THE PROPERTY UNDER THE REVIEW OF THE RETROACTIVE SEMI. WE'RE GONNA TRY TO KEEP IT IN TWO MINUTES. SO STARTING NOW, I LIVE NEXT DOOR TO THE PROPERTY UNDER THE REVIEW FOR THE RETROACTIVE DIMENSIONAL VARIANCE. I WONDER HOW OFTEN THIS OCCURS, ALLOWING A RESIDENT TO COMPLETE A PROJECT BEFORE THEIR PROPERTY INSPECTED. UH, THIS ADDITIONAL VIOLATES THE CITY AND THE NEIGHBORHOOD CODES FOR A 20 FOOT SETBACK. IN FACT, THIS ADDITION, UH, BEGINS AT THE FRONT OF THE LOT LINE, SO THERE IS ZERO SETBACK. THE ADDITION ALSO BREAKS THE MANDATORY 12 FOOT UTILITY EASEMENT AND AL ALMOST ABIDE BY REGARDING OUR NEIGHBORHOOD CODES AND COVENANTS. THERE IS REQUIREMENT FOR GENERAL, UH, COMPATIBILITY OF EXTERNAL DESIGN WITH EXISTING STRUCTURES, AND AS TO THE LOCATION WITH RESPECT TO THE TYPOGRAPHY AND FINISHED GRADE EXTENSION. THIS ADDITION ALSO LACKS 75% MAXIMUM MASONRY REQUIREMENT. THERE ARE ALSO, UH, TWO FOOT SEWAGE PIPES VISIBLE FROM THE FRONT OF THE HOUSE. I HAVE BEEN A RESIDENT AT HUNTER CREEK FOR 17 YEARS AND HAVE SPENT, UH, MUCH OF MY PERSONAL TIME WORKING TO ASSURE, ASSURE OUR NEIGHBORHOOD MAINTAINS ITS, UH, DESIRABILITY. I REGRET THAT THEIR, THIS CONSTRUCTION WAS ALLOWED TO BE COMPLETED WITHOUT PROPER INSPECTION. IT IS NOW THE CITY'S RESPONSIBILITY TO RIGHT THIS WRONG. THANK, THANK YOU ELLEN. UH, FIER 13 0 6 2 NORTH HUNTER CIRCLE THREE ZERO SIX TWO NORTH HUNTER CIRCLE. MY PHONE NUMBER IS (210) 378-7446. I'M CALLING IN REGARD TO THE PUBLIC HEARING TODAY FOR CASE NUMBER ENDING IN, UH, 0 3 2. [03:00:01] I SENT A, UH, AN EMAIL TO MS. AL AND I WANTED TO ADD A COMMENT TO THE MEETING REGARDING, UH, THE PRECEDENT THAT WILL BE SET IF THIS, UH, UM, ADDITION IS, IS ALLOWED TO, UH, STAND AS IS, UH, WITH A THOUSAND SQUARE FEET. UM, IT'S, IT, THE PRECEDENT IT WILL SIT FOR SET FOR OUR NEIGHBORHOOD IS, IS VERY HARMFUL. AND I WANTED TO ADD THAT TO MY COMMENTS, MY PRIOR COMMENTS. UM, THAT'S ANOTHER BIG CONCERN THAT WE HAVE, UH, THE NEIGHBOR THAT COMPLETES ALL THE COMMENTARY. OKAY. SO, UM, WITH THAT IN MIND, BEFORE WE OPEN IT UP FOR QUESTIONS, STAFF, CAN YOU PLEASE, UH, CLARIFY SOME OF THE, THE TIMING, UH, YOU KNOW, UH, WHEN THEY APPLIED FOR A PERMIT, WHEN THEY GOT THE PERMIT, WHEN ALL THIS WAS DISCOVERED, JUST SO THAT IT'S ALL FRESH IN OUR MIND. AND ALSO, THERE WAS A REMARK ABOUT R THREE ZONING WHEN THIS WAS, WHEN THE PERMIT WAS APPLIED FOR. DID THEY, DID THEY LIST R THREE ZONING AS A ZONING AND THAT'S WHAT, HOW WE GOT DOWN THIS ROAD? CAN YOU JUST KIND OF DISCUSS SOME OF THAT BEFORE? NO. SO FOR ZONING, IT, IT'S ALWAYS BEEN R SIX. SO IT WAS NEVER, IT WAS NEVER CLAIMED TO BE R THREE. OKAY. UM, AT THE TIME OF PERMITTING, WHICH WAS IN 2020. OKAY. UH, THEY APPLIED FOR THE PERMIT FOR THE, THE REAR EDITION. UNFORTUNATELY, AT THE TIME OF APPLICATION INTAKE, UM, PERMIT STAFF DID MISS THE REAR SETBACK ISSUE. IT WAS CONSTRUCTED, IT WAS INSPECTED. IT WASN'T UNTIL CODE COMPLIANCE WAS ACTUALLY CALLED OUT TO THE SITE WHERE THEY REALIZED THERE WAS A SETBACK ISSUE. UM, AND THEN THEY CAME BACK IN. SO THEY HAD BEEN PULLING PERMITS FOR THE CONSTRUCTION AS WELL AS THE SEWER AND, AND PIPELINES. BUT ULTIMATELY, UM, IT DOES VIOLATE THE 20 FOOT REAR SETBACK. IT WAS AT ULTIMATELY THE, THE, THE SHELL WAS ALREADY BUILT. IT WAS AT INTERIOR FINISH OUT, UH, WHEN IT WAS CAUGHT. AND THAT BROUGHT THE APPLICANT, UH, BACK TO US, UH, FOR THIS PROCESS. AND JUST TO CLARIFY, ON THE R THREE ISSUE, THE R THREE THAT THEY'RE TALKING ABOUT IS OCCUPANCY GROUP CLASSIFICATION. OH, FROM THE BUILDING CODE? NOT A ZONING. OKAY. UM, BUT THAT, THAT APPEARS ON A PERMIT BECAUSE OF THE OCCUPANCY THAT YOU HAVE TO PUT ON THE PERMIT, BUT THAT'S NOT A ZONING ISSUE. OKAY. SO WE'RE GONNA OPEN THIS UP TO COMMISSIONER QUESTIONS. WHO'D LIKE TO GO FIRST? RAGMAN COMMISSIONER RAGMAN. UH, THIS IS A QUESTION FOR STAFF. I THINK I HEARD CATHERINE SAY THAT THE IMMEDIATE NEIGHBOR BEHIND THIS PROPERTY HAS A COVERED PATIO THAT'S 10 FEET AWAY FROM THE FENCE LINE. WAS, DID I HEAR THAT CORRECTLY? THAT IS CORRECT. IT APPEARS TO BE BASED ON AERIAL IMAGERY, APPROXIMATELY 10 TO 15 FEET, UM, BASED ON AERIAL IMAGERY. SO THEY DON'T MEET THE 20 FOOT, UH, REAR SETBACK EITHER. SO, REGARDING, UH, THE SUBJECT PROPERTIES, ANNEXATION TOOK PLACE IN 1980. UM, MANY OF THESE HOMES, INCLUDING THIS ONE, THE, THE REAR NEIGHBOR WAS BUILT IN 1980 AS WELL. SO IT APPEARS THEY WERE BUILT BEFORE ANNEXATION, BEFORE ZONING WAS AN, UH, AN ISSUE. SO IT'S GRANDFATHERED. SO UNLESS AND WITHOUT A A DIRECT MEASUREMENT, WE'RE BASING OFF AERIAL IMAGERY. OKAY. THANK YOU. OH, OKAY. UH, COMMISSIONER ZUNA, WHEN THE NOTIFICATION WAS SENT OUT TO THE, UH, PROPERTY OWNERS WITHIN THE 200 FOOT RADIUS, WAS THE NOTIFICATION JUST STRAIGHT UP, HEY, THEY'RE, THEY'RE, UH, REQUESTING A VARIANCE? OR WAS THERE ANY OF THE BACKGROUND IN REGARDS TO THE PERMIT THAT WAS ACTUALLY ISSUED BY THE CITY AND ISSUED AN ERROR? SO I'M THINKING A LOT OF, I MEAN, IT'S JUST A REFLEXIVE ACTION BY THE NEIGHBORS WHO WOULD'VE SAW THE VARIANCE REQUESTS AND THEN ASSUME THAT, YOU KNOW, THEY'RE ASKING FOR FORGIVENESS LATER. I THINK THAT CLOUDS A LOT OF THE COMMENTS THAT ARE COMING BACK FROM THE SURROUNDING PROPERTY OWNERS. I'D LIKE TO JUST GET SOME UNDERSTANDING FROM THE STAFF ON THE NOTIFICATION THAT WAS SENT OUT TO THE PROPERTY OWNERS WITHIN THAT RADIUS. NO, SIR. ULTIMATELY, WITH ALL VARIANCES, WE SIMPLY SEND OUT WHAT THE REQUEST IS, UM, AND MEETING INFORMATION, BUT WE DON'T ACTUALLY ADD ANY BACKGROUND INFORMATION. NOT UNTIL THE AGENDA'S OUT WITH THEIR, UH, STAFF REPORT DOES THAT EVEN COME UP. BUT AT THIS TIME, BY THE TIME WE RECEIVE THESE COMMENTS, UM, THE STAFF REPORT ISN'T EVEN OUT BY THE, FOR THE MOST PART. AND JUST, I'LL ALSO CHIME IN ON THAT. SOME OF 'EM DID REACH OUT TO US, UM, ABOUT THE ISSUE, AND THEY DO UNDERSTAND THAT THERE WAS, UM, A, A PERMIT THAT WAS ISSUED, AND YOU CAN TELL IN SOME OF THOSE [03:05:01] COMMENTS THAT WERE RECEIVED THAT THERE WAS STILL AN OPPOSITION REGARDLESS OF THE TIMING OF THE PERMIT. UM, AND, UM, UH, THE ISSUE THAT, UH, FACING THE PROPER COUNTER. THANK YOU. OKAY. WHO'S THE NEXT SHELL COMMISSIONER? SHELL, UM, I HEARD SOME OF THE COMMENTS MENTIONED A 12 FOOT UTILITY EASEMENT. UM, IS, YOU KNOW, IT LOOKS LIKE, I MEAN, THERE'S STILL 10 FEET BETWEEN THE ADDITION AND THE PROPERTY LINE. IS THAT ENOUGH? IS IT GONNA, IS THERE GONNA BE AN ADDITIONAL PROBLEM BECAUSE OF C P S OR SAUCE? WHENEVER ANYBODY IS TRYING TO BUILD AN EASEMENT, REGARDLESS OF, UH, BEFORE OR AFTER, UH, THEY WOULD HAVE TO GET WRITTEN AUTHORIZATION FROM THOSE UTILITY EASEMENT HOLDERS. IF THEY CAN RECEIVE, UM, LETTER AUTHORIZING THEM TO BUILD OR KEEP IT WHERE IT IS, UM, THAT WOULD BE REVIEWED BY STAFF, UM, AT PLAN REVIEW. NOW, ULTIMATELY, UH, THEY WOULD NEED THAT LETTER IF THAT IS THE CASE. OKAY. SO, UM, IF WE GRANT THE VARIANCE, WILL THEY STILL BE REQUIRED TO GET THAT LETTER? THAT IS CORRECT. OKAY. THANK YOU. I, I, I, I NEED TO MAKE A FOLLOW UP TO THAT SINCE IT WAS BROUGHT UP. UH, WAS A PLAT SUBMITTED WITH THIS PERMIT APPLICATION? I'D HAVE TO DOUBLE CHECK ON THAT. UM, , THE REASON WHY I ASK IS THAT THE, THE PLAT SHOWS A 12 FOOT EASEMENT, EVEN IF THE STAFF, UH, REVIEWER DIDN'T, DIDN'T, UH, NOTICE THE 20 FOOT BUILDING SETBACK ISSUE. HOW DID THEY NOT NOTICE A 12 FOOT EASEMENT? AND ARE YOU CURRENTLY ASKING FOR AN ENCROACHMENT AGREEMENT AS A CONDITION OF ANY INSPECTIONS OR PERMITTING ASSOCIATED WITH HIS AP NUMBER? WITH THE APPLICATION I WAS SUBMITTED, IT'S HARD TO SAY. IF THEY REQUIRED A PLA AT THAT TIME, TYPICALLY THAT WOULD BE THE CASE FOR ADDITIONS. I'D HAVE TO CONFIRM WHAT WAS RECEIVED, UH, WITH THE APPLICATION ITSELF. UM, I DON'T KNOW IF THEY DID RECEIVE THAT PLA TO SEE THAT ISSUE. BUT IS THAT AN OUTSTANDING, UH, REQUIREMENT FROM THE CITY AT THIS POINT IN TIME? IS AN ENCROACHMENT AGREEMENT ASSOCIATED WITH THIS NUMBER, WE CAN ACTUALLY FORWARD THAT INFORMATION OVER TO THE PLAN REVIEW MANAGER, UH, THAT WAY THEY CAN ENSURE THAT THAT'S RECEIVED. ALL RIGHT. THANK YOU. UH, ANY OTHER QUESTIONS BY COMMISSIONERS? MINKA, I THINK THAT'S ON ONE OF THE LETTERS. OPPOSITION THAT THE, UH, FACADE, THE SIDING. IS THAT AN ISSUE WITH THE NEIGHBORHOOD OR WITH THE CITY? NOT WITH THE CITY. NOT AT ALL. UM, IF THERE WAS A CONSERVATION DISTRICT OR HISTORIC, I COULD SEE, WOULD THAT BE AN ISSUE? UM, THERE, HOMEOWNERS, THE ASSOCIATION FROM MY UNDERSTANDING IS VOLUNTARY, SO THAT WOULDN'T BE AN ISSUE THERE AS FAR AS WE KNOW. THANK YOU. OKAY. WHO'S NEXT? MAN? COMMISSIONER MANNA. SO ACTUALLY I WANT TO, UH, FOLLOW UP WITH, UH, UH, WITH ZEKE'S COMMENT THERE. SO, SO, SO WHILE IT IS AN INFORMAL, THERE WAS, UH, I GUESS, UM, DEED RESTRICTIONS I THINK IS KIND OF WHAT WAS CALLED OUT. AND SO IT WOULD BECOME CIVIL DIALOGUE, UH, FROM A HOMEOWNER'S, UH, PERSPECTIVE, IF IT IS THAT THEY'RE OUT OF COMPLIANCE, I WOULD, I THINK WITH REGARDS TO THE BRICK OR ANY OTHER, UH, ANY OTHER BUILD. AND SO CITY-WISE, NO. BUT AS FAR AS COMMUNITY, THEY WOULD HAVE TO BE, BRING UP A DIFFERENT, DIFFERENT WAY, UH, IF I, IF I UNDERSTAND THAT CORRECTLY. BUT, UH, MY QUESTION ACTUALLY IS FOR, UM, UH, FOR THE APPLICANT HERE. SO IS THERE, UM, DOES THIS, UH, NEW ADDITION DIRECTLY ABUT A WALL, UH, ON THE EXISTING STRUCTURE THAT'S THERE? UM, SO, SO IS THERE ANY SPACE THERE BETWEEN LET'S SAY, THE NEW STRUCTURE AND, AND THE ORIGINAL STRUCTURE? UH, YES, SIR. UM, IT IS TIED IN OR DIAL IN. UH, THE FOUNDATION IS TIED INTO THE EXISTING. AND, UH, IN REGARDS TO THE COMMENTS THAT WE WERE ASKED TO PROVIDE A PLOT AT THE TIME OF APPLICATION THAT WAS NOT REQUESTED, UH, I GUESS THAT'S ANOTHER THING THAT WAS MISSED DURING THE APPLICATION OR OUR ASSOCIATION OR OUR NEIGHBORHOOD IS VOLUNTARY. WE DO NOT HAVE AN ENFORCED H O A AND WE ARE NOT MEMBERS OF THE VOLUNTARY, UM, ASSOCIATION. THERE IS APPROXIMATELY 20 FEET BETWEEN, UH, PROPERTIES ALL AROUND, IN MY CASE, . OKAY. UH, ANY OTHER QUESTIONS? OKAY. I HAVE A QUESTION, UH, FOR THE APPLICANT. UM, SO WE HAVE A, A, A, A COUPLE THINGS, UH, FLOATING AROUND HERE. THAT'S THE, UH, THE SETBACK. BUT, UH, I'M, I'M, I'M ALSO [03:10:01] CONCERNED ABOUT THE EASEMENT. UM, THE PLAS DO REFLECT A 12 FOOT EASEMENT IN YOUR, IN THE REAR AND NOTHING ON THE, ON THE LOTS OF BUDDING EARS TO THE REAR. SO THAT MEANS ALL THE PHONE, GAS, ELECTRIC DATA, EVERYTHING'S RUNNING IN YOUR BACKYARD. DO YOU HAVE A TRANSFORMER PAD IN YOUR BACKYARD? I DO HAVE A TRANSFORMER PAD AND WATER AND SEWER RUN ON THE RIGHT OF WAY. WE, DURING THE PROCESS CALLED THE, UH, CALL BEFORE YOUR DIG NUMBER SEVERAL TIMES TO ESTABLISH, UM, THOSE LINES. I WANTED TO MAKE SURE THAT NOTHING WAS IMPACTED AND OKAY. THROUGH CONSTRUCTION, WE CONFIRMED WE DID NOT IMPACT ANY UTILITIES. SO YOU, YOU DO HAVE A TRANSFORMER PAD IN YOUR BACKYARD AND YOU CALLED THE THE 8 1 1 DIG TEST FOR THE LINE LOCATES. I CALLED, UH, THE 8 1 1, I BELIEVE. YEAH, I DO HAVE A FORMING PAD. I'M NOT SURE. . YEAH, IT'S IN A BIG METAL BOX IN YOUR BACKYARD. OKAY. DO HAVE, AND THEN, UH, AND THEN DID YOU, UM, GEEZ, LET ME THINK HERE. OH, DID, OH, YES. DID YOU HIRE A LICENSED, UH, RESIDENTIAL CONTRACTOR TO DO THIS WORK? WE PULLED THE PERMIT OURSELVES. OKAY. AND, UH, AND, UH, UH, THE ISSUE WITH THE MOVING INTO, ENCROACHING INTO THE EASEMENT, WHICH IS VERY UNFORTUNATE, IT WAS ALSO AN OVERSIGHT. WE DO HAVE ALL THESE STREETS AROUND, AND WHEN THEY STARTED DIGGING, WE ENCOUNTERED THE ROOTS OF ONE OF THE OAKS. SO THEY MOVED THAT AND DECIDED TO SHIFT THE ENTIRE, UM, ADDITION, UH, BY THOSE THAT FOOT OR 12 INCHES. I'M NOT SURE. AND UNFORTUNATELY, THAT HAPPENED, BUT NOTHING WAS IMPACTED IN REGARDS TO THE UTILITY. UH, ALSO THE ADDITION HAS, IT IS CONSTRUCTED, IS SMALLER THAN THE PERMIT REQUESTED BECAUSE OF, OF THESE TREES. AND WE'RE SURROUNDED BY THEM AND WE PROTECT THEM AND WE TAKE CARE OF THEM ALL THE TIME. OKAY. AND THEN FINALLY, ON YOUR SITE PLAN, UH, WHO PREPARED THAT? DID YOU HIRE AN ARCHITECT OR A BUILDING DESIGNER? WHO, WHO, WHO DREW THIS? UH, YES. AND THEN, UH, I BELIEVE SOMEBODY, UH, COMPLAINED OR HAD A CONCERN ABOUT THE SCALE, AND ANOTHER ONE WAS SUBMITTED AND CONFIRMED. THEY CONFIRMED THAT THAT WAS TO, TO THE SCALE. WELL, WHO, I MEAN, WHO, WHO PREPARED IT? WAS IT A LICENSED ARCHITECT OR INTERIOR DESIGNER OR, OR, OR WAS IT A, A DRAFTSMAN, A DESIGNER. AND THEN ALSO THE IMAGERY WHERE WE SHOW THE ACTUAL, UH, AS BUILT. UM, I BELIEVE THERE'S SOME MISLEADING INFORMATION BY, BY SOME RESIDENTS. IT IS FROM BEAR ENGINEERING. SO THEY HAVE THE, UH, THE ACTUAL IMAGERY WHERE IT SHOWS THE DIFFERENT PROPERTIES AROUND THE MINE AND THE SETBACKS. SO BEAR ENGINEERING PREPARED PLANS FOR THIS? NOT THE PLANS, THE, UH, THE IMAGE WHERE IT SHOWS THE SETBACKS. OKAY. ALL RIGHT. THANK YOU, JEFF. IF I MAY ADD SOMETHING WITH SOME QUESTIONS YOU HAD EARLIER. YEAH. UM, IN ADDITION, A PLATT WAS NOT REQUIRED, BUT PER THE SITE FUND THEY DID, THERE WAS A STATEMENT THAT THERE'D BE A 13 FOOT SETBACK, UH, TO THE REAR. OKAY. ALL RIGHT. UM, THANK YOU. UH, ARE THERE ANY OTHER COMMISSIONER QUESTIONS, MR. CHAIR? YES. AND IN THIS PARTICULAR CASE, I MEAN, I, I WOULD BE COM I WOULD NOT BE COMFORTABLE WITHOUT GETTING UTILITY EASEMENT, UH, CONFIRMATION. AND I WOULD, UM, RECOMMEND THAT WE MAKE A CONTINUANCE UNTIL SHE PROVIDES THE EASEMENT LETTERS THAT ALLOW FOR ANY VARIANCE THAT WE WOULD GRANT HERE THAT WOULD BE, UM, ALLOWED BY THE HOLDERS OF THE EASEMENTS FOR THE TRACK. UM, WELL JUST, YEAH. AND THAT'S WHAT HAPPENS IS WE COULD, WE ARE ALLOWED TO, UH, UM, MOVE FOR A CONTINUANCE ON THIS CASE. AND, AND WE CAN'T PUT CONDITIONS, BUT WE CAN MOVE FOR A CONTINUANCE AND EXPRESS, YOU KNOW, THAT SORT OF, UM, UM, COMMENTARY TO THE, TO THE APPLICANT. UM, BUT I WOULD DO THAT AND ALSO TO ALLOW SOME OF THE OPPOSITION TO UNDERSTAND WHAT HER CONDITION IS IN THAT, UM, SHE DID, YOU KNOW, FILE FOR THE PERMITS AND THE PERMITS WERE ISSUED IN ERROR, AND SOME OF THOSE OPPOSITIONS MAY NOT KNOW THAT. SO A COMBINATION OF THAT WITH THE, UM, UTILITY EASEMENT WILL SERVE, UM, LETTERS. I, I THINK IN THIS CASE, UM, WOULD, WOULD SUPPORT A CONTINUANCE TO THE NEXT FEW. OKAY. SO NOW, UM, JUST SO YOU KNOW, I, I HAVE APPLIED FOR ENCROACHMENT AGREEMENTS, MIKE, PERSONALLY, ON, ON [03:15:01] VARIOUS PROJECTS OVER THE YEARS. IT TAKES MUCH LONGER THAN TWO WEEKS TO GET THOSE THINGS DONE. SOMETIMES THEY TAKE MONTHS. AND SO THE ISSUE IS, IS, UH, TWO QUESTIONS. ONE, FOR, FOR STAFF. UH, HOW, WHAT IS THE LATEST, WE'RE ALLOWED TO CONTINUE A POTENTIAL CASE TOO. CAN WE DO TWO MONTHS? IS THAT, IS THERE A, A RULE THAT WOULD RESTRICT SUCH A THING? YOU CAN REQUEST, UH, TWO MONTHS IF YOU WANT. WE'VE DONE THAT BEFORE. OKAY. AND HOW DOES THAT, HOW DOES THAT WORK WITH, UH, THIS PERMITTING CONSTRUCTION? UM, I'D LIKE TO HEAR FROM THE APPLICANT IF WE WERE TO GRANT A TWO MONTH CONTINUANCE, UH, KNOWING THAT THIS, THAT THE, UH, ISSUE OF THE, OF THE ELECTRIC EASEMENT BEING, BEING ADDRESSED IS, IS SOMETHING OF IMPORTANCE TO THE BOARD. BUT I, I MEAN, ARE, OR HOW DOES THAT AFFECT YOU? YOU AND THIS MID FIGHT BEING MIDWAY THROUGH CONSTRUCTION? UH, MR. CHAIR, I ADD THAT TOO FOR THE, FOR THE APPLICANT. I MEAN, SHE WILL NOT BE ABLE TO GET A, A CLEAR TITLE PERMIT TO BE ABLE TO SELL THE PROPERTY WITHOUT, UH, THESE, THESE EASEMENTS BEING CLEARED. I MEAN, THERE'S CLEARLY AN ENCROACHMENT ISSUE WITH HAVING MERCHANT. WELL, I, I KNOW. I JUST WANNA MAKE SURE THAT SHE, THAT SHE'S AWARE OF WHAT, WHAT WE'RE, WHAT WE'RE CONTEMPLATING. UH, SO FOR IF EXCUSE, I MAY, YES, IF I, IF I MAY, CARMEN THE OWNER. UM, THANK YOU. THANK YOU VERY MUCH FOR, FOR THE OPPORTUNITY. UM, AS YOU CAN TELL BY THOSE LETTERS AND THE RESPONSE FROM THE OPPOSITION, IT IS EVIDENT TO ME THAT THEY DIDN'T HAVE, UH, THE WHOLE PICTURE. UH, THERE WAS ONE INDIVIDUAL IN PARTICULAR WHO DISSEMINATED THIS VERY LONG LETTER TO NEIGHBORS. AND I THINK THAT, UM, PERCEPTION, UH, KINDA CHANGE THE MINDSET OF SOME OF MY NEIGHBORS. I DID APPLY FOR A PERMIT ABOUT A YEAR AGO, UH, PERSONALLY WENT TO THE CITY TO REQUEST THIS PERMIT. I AM NOT ASSIGNING EXPERT, SO I DON'T KNOW HOW THIS WORKS. AND, UH, IN REGARDS TO THE QUESTION ABOUT THE TWO MONTH EXTENSION, UM, I'M NOT SURE I'M UNDERSTANDING WHAT, WHAT DOES THAT MEAN? SO WHAT WHAT'S HAPPENING IS, IS THERE ARE, THERE ARE, UH, 10 MEMBERS OF, OF THIS BOARD, AND YOU NEED NINE VOTES FOR THIS TO PASS. SO IF TWO MEMBERS OF THE BOARD VOTE AGAINST THIS FOR WHATEVER REASON, UH, IT, IT, UH, YOU, YOU LOSE YOUR VARIANCE AND YOU WILL NOT BE ABLE TO HAVE YOUR STRUCTURE WITHIN 20 FEET OF THE, OF THE REAR PROPERTY LINE. UH, THE CONCERNS THAT ARE BEING RAISED THROUGH QUESTIONING IS, IS, YOU KNOW, WHAT THE NEIGHBORS THINK. UH, AND, AND A TANGIBLE ITEM IS THE FACT THAT THERE IS A 12 FOOT EASEMENT IN YOUR REAR YARD THAT HAS UTILITIES IN IT. AND SO THERE IS, THERE IS SOMETHING CALLED AN ENCROACHMENT AGREEMENT THAT YOU CAN ATTAIN FROM CT S ENERGY, UH, AND AT T AND, AND SPECTRUM TO, UH, FOR PERMISSION TO, TO ENCROACH INTO THAT 12 FOOT EASEMENT. AND THAT MAY GO A VERY LONG WAY WITH COMMISSIONERS ON THIS BOARD AS THEY RE, AS THEY CONTEMPLATE HOW THEY'RE GOING TO VOTE ON YOUR CASE. AND SO WE'RE, WE'RE, WE'RE, WE'RE ASKING IF THAT, IF WE GIVE YOU TWO MONTHS TO ACHIEVE SOME OF THOSE, UH, ENCROACHMENT AGREEMENTS, ARE YOU, ARE YOU, UH, WILLING TO DO SO? I OR WE, OR WE CAN VOTE. WE CAN VOTE, WE CAN VOTE RIGHT NOW ON THIS, BUT IF MAY HEARING SOME OF THE CONCERNS. YES, GO AHEAD. YES. YES. IF I MAY. UM, THIS IS MAINLY FOR MY ELDERLY MOTHER. OKAY. SORRY ABOUT TO HAVE SURGERY. SO IF NEEDED, I CAN'T, I CAN BUILD ABLE TO, I CAN BUILD THE WALL BACK, HAVE TO PUT IT THERE INTO THE EASEMENT. UM, I CAN DO THAT. WELL, IF WE CAN REDUCE IT, WE, WE CAN, WE CAN DO THAT. WE CAN REDUCE THE, THE VARIANCE TO OUTSIDE OF THE EASEMENT. WE CAN, IF WE CAN DO, LIKE YOU SAID, A CONDITION, I'M SORRY, I'M GETTING, WE CAN, UM, IF IT COULD BE GRANTED, UM, WITH A CONDITION THAT, UM, THE EXTERIOR WALL WOULD BE MOVED OUTSIDE, THE UTILITY EASEMENT HAS, UM, YOU KNOW, MY SURROUNDING NEIGHBORS ARE ALSO WITHIN THE SETBACK. UM, I COULD DO THAT. UM, I, I'M WILLING TO DO THAT AND, AND, UH, COMMIT TO THAT. I DO NEED THIS SPACE FOR MY MOM, . OKAY. THANK YOU. THANK YOU VERY MUCH. UM, SO FOR, FOR THE COMMISSIONERS ON THE BOARD, THE APPLICANT IS, IS OPEN TO REDUCING THE REQUEST DOWN TO A, TO AN, UM, AN [03:20:01] EIGHT FOOT VARIANCE. WOULD IT BE EIGHT FOOT? IT WOULD BE, YEAH. AN EIGHT FOOT VARIANCE TO THE SETBACK TO MAKE IT A 12 FOOT OFF THE REAR PROPERTY LINE. IF ANYBODY WOULD LIKE TO MAKE SUCH A MOTION, MR. CHAIR, I DON'T THINK SHE KNOWS THE IMPACT OF TRYING TO SCALE BACK THE, THE FOUNDATION AND OKAY. CHOP THAT PIECE OF THE HOUSE OFF. I MEAN, I THINK THE EASIER PATH FOR HER WAS JUST TO TRY TO GET THE EASEMENT, UM, ENCROACHMENT LETTERS THAN GOING THROUGH THAT FINANCIAL HARDSHIP OF TRYING TO, TO SET BACK THE HOUSE. I MEAN, THAT'S ME PERSONALLY, BUT I CAN DO A VARIANCE FOR EIGHT FOOT IF, WELL, THE, THE ISSUE IS, IS, IS, UH, YOU KNOW, I, LIKE I SAID, I'VE DONE THESE BEFORE. THEY TAKE SOMETIMES, YEAH, A VERY LONG TIME. THEY COULD, AND IT, AND THEY'RE NOT, YOU KNOW, THEY, THEY DON'T, THEY'RE NOT GONNA ACCEPT THE HAND-DRAWN SKETCH. THEY WANT A SURVEY, THEY WANT TO KNOW WHAT YOU'RE DOING. THEY, YOU KNOW, IT CAN TAKE THREE MONTHS, IT COULD TAKE FOUR MONTHS. AND, YOU KNOW, I KNOW LIKE C P S IS PROBABLY GONNA WANT $400 TO EVEN ENTERTAIN THE REQUEST. AND SO, YOU KNOW, I'M, I'M TRYING TO FIGURE OUT, THERE'S TWO PATHS HERE. WE CAN EITHER, UH, UM, PURSUE A MOTION THAT GETS THE, UH, THE, UH, VARIANCE OUT OF THE EASEMENT, OR WE CAN TAKE, WE CAN CONTINUE THIS THING FOR THREE MONTHS, UH, AND GIVE HER AN OPPORTUNITY TO REQUEST THE ENCROACHMENT AGREEMENTS. UH, MANANA. YES. COMMISSIONER MANANA. SO, SO IF I UNDERSTAND CORRECTLY, REGARDLESS OF WHETHER WE APPROVE, UH, WE'LL SAY AN ALTERATION OR, OR WHATEVER, SHE'S STILL GOING TO REQUIRE THE DIALOGUE FOR, FOR THE ENCROACHMENT OF THE EASEMENT, IS THAT CORRECT? WELL, WELL, TYPICALLY CPSS TYPICALLY THE CITY WILL REQUIRE IT BEFORE THEY EVEN ISSUE YOU A PERMIT. BUT THAT DIDN'T HAPPEN. RIGHT. BUT, BUT TO BE COMPLIANT, SHE'S GOING TO HAVE TO FOLLOW UP AFTERWARDS TO BECOME COMPLIANT OR TO GET THE PERMISSION, AND C P S COULD COME BACK AND SAY, NO, THAT WE NEED ALL 13 FEET, OR WHATEVER IT IS. SO THAT'S HOW I UNDERSTAND HOW THAT WORKS. AND SO TO ME IT'S, IT'S, IT'S LIKE WE SHOULD BE DOING THIS AHEAD OF TIME, YOU KNOW, IN THIS DIALOGUE BECAUSE THAT'S GONNA BE REQUIRED ANYWAYS, IF I UNDERSTAND HOW THIS PROCESS WORKS. YEAH. THE, THE THING IS, IS THAT IF, IF, UM, WITHOUT GETTING INTO DELIBERATION, UM, THERE, THERE MAY BE COMMISSIONERS WHO ARE UNCOMFORTABLE GRANTING A VARIANCE FROM THE EASEMENT WITHOUT HAVING THE ENCROACHMENT, THE EASEMENT AT HAND. UM, AND SO THAT'S IF ALL CHAIR, IF I MAY, YES. CHAIR, IF I MAY, JUST TO, UH, TO CLARIFY THAT LAST STATEMENT THAT YOU MADE MM-HMM. , UM, THE VARIANCE IS NOT A VARIANCE TO AN EASEMENT. THE VARIANCE IS A VARIANCE TO A SETBACK. IF THEY ARE ENCROACHING INTO AN EASEMENT WITH THEIR PROPOSED CONSTRUCTION, AND WE ARE AWARE OF THAT EASEMENT ON THE PLATT, THEN WE WOULD ASK FOR THEM TO PROVIDE US WITH THOSE PERMISSION FROM THE UTILITY TO GO AHEAD AND KEEP THAT ENCROACHMENT IN THERE. UM, SO AGAIN, THE BOARD IS NOT CONSIDERING AN ENCROACHMENT INTO AN EASEMENT, IT'S JUST AN ENCROACHMENT INTO A SETBACK. THE REST OF THE PERMITTING PROCESS WILL ENSURE THAT THEY ARE IN COMPLIANCE WITH WHATEVER THE UTILITY ONCE, UH, FOR THEIR EASEMENT OTHER. OKAY. AND HOW LONG HAS, HOW LONG HAS THE CITY BEEN AWARE THAT THERE'S BEEN AN EASEMENT THERE? ONLY AS A RESULT OF THE PLATT THAT WAS BROUGHT UP. NOW, THE, HERE'S THE REASON WHY. THERE IS A, UH, THRESHOLD, UH, OF WHICH WE ALLOW FOR PEOPLE TO SUBMIT SITE PLANS, UM, AND ONLY SITE PLANS IN ORDER TO PULL A PERMIT. IT'S A FACILITATION THAT WE DO. IT FALLS UPON THE PROPERTY OWNER TO BE AWARE OF THEIR OWN PLANS, OF THEIR OWN EASEMENTS AND OF THEIR OWN DE RESTRICTIONS BECAUSE IT FELL UNDER THAT THRESHOLD. NONE OF THOSE THINGS ARE REQUIRED. WHEN YOU'RE DOING MAJOR CONSTRUCTION AND YOU'RE WELL OVER THAT THRESHOLD, THEN YES, ALL OF THOSE THINGS WOULD BE, UH, REQUIRED WITH THE EXCEPTION OF DEED RESTRICTIONS, SINCE WE DON'T ENFORCE THOSE, BUT THIS FELL UNDER THAT THRESHOLD, SO THAT'S WHY WE WERE NOT AWARE OF AN EASEMENT. AGAIN, IT'S UP TO THE OWNER IF THE UTILITY AT SOME POINT CAME TO THEM LATER IN THE FUTURE AND SAID, HEY, YOU'RE ENCROACHING INTO OUR EASEMENT. IT'S UP TO THEM TO RECOGNIZE. UH, SO THAT'S, THAT'S AN ANSWER TO THAT QUESTION. OKAY. WELL, UH, THE OTHER THING I WANTED TO POINT OUT, SIR, IF I MAY MM-HMM. , IS THAT SINCE WE ARE ESSENTIALLY, UM, WE ESSENTIALLY ISSUED THE PERMANENT ERROR, WE ARE NOW [03:25:01] AWARE OF THE UTILITY EASEMENT DISCUSSION. WE CAN HELP TO COMMUNICATE WITH THE UTILITIES TO TRY TO GET SOMETHING FROM THEM IN WRITING MM-HMM. , UM, AS QUICKLY AS WE CAN, BECAUSE AGAIN, THIS ISSUE STARTED WITH THE CITY'S ISSUANCE OF A PERMIT. UM, AND THAT WAY WE DON'T HAVE TO HAVE, IF THE BOARD WAS CONSIDERING A CONTINUANCE, WE DON'T HAVE TO DO A TWO MONTH CONTINUANCE, BUT MAYBE GIVE US A MONTH TO TRY TO COORDINATE WITH THIS, THOSE UTILITIES TO GET SOMETHING IN WRITING FROM THEM. OKAY. IF THAT'S WHAT THE BOARD WANTED TO DO. BUT IF NOT, LIKE YOU TALKED ABOUT EARLIER, YOU CAN STILL CONSIDER THE VARIANCE REQUEST AGAIN TO THE SETBACK REGARDLESS OF THE UTILITY EASEMENT DISCUSSION. OKAY. THANK YOU FOR THAT INFORMATION. UM, I WILL HAVE TO SAY, I'M, I'M PRETTY DISAPPOINTED IN, IN PERMIT INTAKE. I MEAN, YOU KNOW, I COVERED MY PORCH AND I HAD TO SHOW A PLAT AND I HAD TO SHOW A SITE PLAN SHOWING UP OUTSIDE OF SETBACK 10 YEARS AGO. I JUST DON'T UNDERSTAND WHAT'S HAPPENED. I MEAN, THIS, THE CITY USED TO BE MORE TOP OF THIS KIND OF STUFF. ALL RIGHT. SO, BUT CHAKA, YES. COMMISSIONER, SHE, UM, I JUST WANNA, I JUST WANNA KIND OF REPEAT WHAT KATT SAID JUST TO MAKE SURE I'M UNDERSTANDING WHAT SHE SAID. UM, AND, AND TELL ME IF I AM MISUNDERSTANDING KATT, BUT YOU'RE SAYING IF WE WERE TO VOTE TODAY AND GRANT THE VARIANCE THAT STAFF COULD STILL THEN MOVE FORWARD IN ASSISTING THE APPLICANT WITH GETTING THE UTILITY EASEMENTS THAT THEY NEED, UM, IN ORDER LIKE THE PERMISSION FROM THE UTILITIES, UM, SO THAT THIS APPLICANT COULD CON LIKE, MOVE FORWARD WITH THEIR PROJECT. SO LET ME JUST CLARIFY THAT WHAT WE'LL DO IS WE'LL FACILITATE GETTING IN COMMUNICATION WITH THE UTILITIES SO THEY CAN REVIEW THIS, UM, EXPEDITIOUSLY. OKAY. WE CAN'T, WE CAN'T GUARANTEE WHAT THEY'LL SAY, BUT WE CAN HELP TO GET THIS REVIEWED EXPEDITIOUSLY. OKAY. THANK YOU. SURE. MANCHACA, COMMISSIONER MANCHACA. SO ALONG THOSE LINES, WHAT COMMISSIONER RHEL SAID, SO THEN WE'RE FACED JUST WITH A SETBACK OF EIGHT FEET. I BELIEVE THE REQUEST IS FOR 10. I THINK THE DISCUSSION WAS THAT SHE WOULD BE WILLING TO MOVE IT IF SHE, IF SHE NEEDED TO. UH, BUT THEN THE DISCUSSION FOLLOWED THAT, THAT IS EXTENSIVE WORK TO DO, CONSIDERING WHERE IT'S AT IN THE, IN THE PRO IN THE PROCESS. HMM, OKAY. THANK YOU. SO I WOULD, I WOULD AGAIN JUST REITERATE, I, I WOULD MAKE A MOTION FOR CONTINUANCE. I'D LIKE TO POSSIBLY TURN SOME OF THE NEGATIVE OPPOSITION, UH, ONCE THEY KNOW THE FULL, UH, KNOWLEDGE OF THE APPLICANT'S INTENT AND, AND HER ACTUAL PULLING THE PERMIT IN THE CITY'S ERROR. I THINK ONCE THAT INFORMATION IS OUT, THERE MAY BE A COUPLE OF OPPOSITION THAT MAY TURN. PLUS IT GIVES HER THE O OPPORTUNITY TO SEEK THE CITY'S HELP WITH ALL THE WEIGHT OF THE CITY TO HELP WITH THOSE, UH, EASEMENTS BECAUSE SHE'S GONNA HAVE TO GET THAT TO BE ABLE TO GET A TITLE POLICY IF SHE ARE ABLE TO SELL THE PROPERTY. I MEAN, IT, IT JUST, I I WOULD, I WOULD MOVE FOR CONTINUANCE HERE AS A, AS A HARDSHIP, UM, FOR, FOR THE APPLICANT. UM, YES. I JUST, I'M JUST WONDERING IF, UM, IF THE APPLICANT IS GRANTED A VARIANCE CAN THEY, IS, I'M ASKING IF CONSTRUCTION IS HALTED UNTIL THEY GET THESE EASEMENTS, WHETHER OR NOT WE GRANT THE VARIANCE. THAT'S MY MAJOR CONCERN. I REALLY APPRECIATE, UM, OF THE COMMENTS. I, I REALLY, TO CONTINUE WITH CONSTRUCTION, WHAT I'M HEARING FROM THE APPLICANT IS THEY'RE IN, IN A SITUATION WHERE THEY NEED TO GET THEIR FAMILY MEMBER HOUSED. UM, SHE ALSO MENTIONED SHE HAD A SEVEN-YEAR-OLD CHILD. I JUST, I'M TRYING TO UNDERSTAND WHAT THE DIFFERENT PATHS FORWARD FOR THIS APPLICANT ARE. UM, IN ORDER TO GET THEIR PROJECT COMPLETED QUICKEST, MY CONCERNS IS THE TIMING RIGHT. AND I REALLY APPRECIATE TRYING TO GET C P S AND, UM, ELECTRICAL RIGHT AWAY, SO THAT WOULDN'T BE A PROBLEM. UM, BUT, UH, IT, IT'S JUST THE TIMING AND UH, AGAIN, LIKE SOMEONE MENTIONED, THERE'S NO GUARANTEE THAT THEY WILL AGREE, ALTHOUGH WE KNOW, UM, BECAUSE NOTHING, YOU KNOW, EXPLODED AND NOTHING, NO SERVICES WEREN'T INTERRUPTED DURING CONSTRUCTION, THAT THOSE UTILITIES WERE NOT IMPACTED, UH, A 12 FOOT EASEMENT. IT'S NOT TYPICAL. USUALLY I THINK, UH, MOST OF THEM ARE 10, AND I'M NOT TRYING TO JUSTIFY THE, THE FOUNDATION [03:30:01] CONTRACTOR, BUT I'M, I'M ASSUMING THAT'S WHERE THEY SAW WHEN, WHEN WE HAD TO MOVE BECAUSE OF THE TREE. BUT, UM, IN, IN AN EFFORT IN GOOD FAITH, I GUESS IS WHAT I'M TRYING TO SAY. AND BECAUSE I REALLY NEED TO CONTINUE, WE ALREADY HALTED CONSTRUCTION FOR A MONTH AND WAITING FOR, FOR THIS HEARING THAT, UM, I'M, I'M, I'M WILLING, IF POSSIBLE, IF THE VARIANCES IS GRANTED TO MOVE THOSE, THOSE INCHES THAT IS NEEDED TO BE OUTSIDE, UM, THE EASEMENT, IT IS GOING TO BE EXPENSIVE AND I HAVE TO BRING A LOT OF CONTRACTORS BACK. ALRIGHT. OKAY. SO IS THERE A MOTION ON THE TABLE? SOMEBODY PUT SOMETHING OUT THERE PLEASE. SO, SO AS I UNDERSTAND IT, THE APPLICANT IS REQUESTING THE EIGHT FOOT VARIANCE RIGHT. TO BE ABLE TO COMPLY WITH THE, AND IT IS KIND OF A COMPROMISE ALSO WITH THE NEIGHBORS THAT WE'RE OPPOSING THE, UM, YEAH, THAT'S WHAT I'M HEARING. OKAY. I'LL MAKE THE MOTION THEN. ALL REGARDING CASE NUMBER BO O A DASH 21 DASH 0 3 0 0 3 2, I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR AN EIGHT FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW ADDITION TO BE 12 FEET AWAY FROM THE REAR PROPERTY LINE SITUATED AT 1 3 0 6 6 NORTH HUNTER CIRCLE. APPLICANT BEING CARMEN GROSS BECAUSE OF TESTIMONY PRESENTED TO US IN THE FACTS THAT WE WERE DETERMINED, SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE OF 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 PROPERTY OWNER, UH, HAS AGREED TO MAINTAIN A 12 FOOT REAR STEP BACK AND HAS MORE THAN, UH, UH, 22 FEET BETWEEN THE ADDITION AND THE NORTHERN SIDE PROPERTY LINE DUE TO, TO DUE TO SPECIAL CONDITIONS. AND LITTLE 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. THE APPLICANT DID OBTAIN A RESIDENTIAL BUILDING PERMIT BEFORE CONSTRUCTION, AND, AND IF A LITTLE ENFORCEMENT OF THE ORDINANCE WAS APPLIED, SHE WOULD NEED TO REMOVE ABOUT, UM, ABOUT, UH, TWO FEET OF THE MOSTLY, UH, I'M SORRY, 12 FEET. HOW WOULD THAT READ? UM, SHE WOULD NEED TO REMOVE ABOUT 12 FEET OF THE MOSTLY CONSTRUCTED EDITION STEP. CAN YOU HELP ME WITH THAT? JUST SO MAKE THEM A MAP. UH, EIGHT FEET. WOULD IT BE EIGHT FEET? OKAY. YEAH, WE MOVE ABOUT. NO, SHE WOULD HAVE TO REMOVE ABOUT TWO FEET BECAUSE WE'RE UHHUH, RIGHT. TWO FEET. MOSTLY CONSTRUCTED ADDITION. THAT'S WHY I WAS, I COULDN'T UNDERSTAND WITH THAT BECAUSE YEAH. TWO FEET OF A MOSTLY CONSTRUCTED EDITION. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF REAR SETBACK IS TO ALLOW THE ADEQUATE SPACE BETWEEN STRUCTURES. IT APPEARS THOUGH THE ADDITION IS ABOUT 22 FEET FROM THE STRUCTURE ON THE ABUTTING PROPERTY TO THE REAR. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USE SPECIFICALLY AUTHORIZED THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN NO USE OF, OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE SIX VARIANCE WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. UH, THE REQUEST TO REDUCE THE PORTION OF THE REAR STEPBACK DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT, UH, PROPERTIES AND DOES NOT SEEM UN UNLIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE STRUCTURE ON THE PROPERTY, THE REAR APPEARS TO HAVE SIMILAR SETBACKS FOR, UH, COVERED PATIO. SIX. THE FLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IN UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT. ONCE THE PROPERTY IS LOCATED, THE BOARD FINDS THAT THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY WERE NOT CREATED BY THE FLY TO THE OWNER AND ARE NOT MERELY FINANCIAL AS THE RESIDENTIAL BUILDING PERMIT WAS ISSUED IN MARCH. END OF MOTION. IS THERE A SECOND? I'LL MR. CRUZ ABOUT THE SECOND. ANY DISCUSSION, COMMISSIONER? YEAH. SO I, I'M GONNA SUPPORT THE MOTION AS READ. I MEAN, IT, IT TO ME, UM, IT PROVIDES SOMEWHAT OF A COMPROMISE WHERE SOME OF THE NEIGHBORS WERE, UM, WERE IN OPPOSITION BECAUSE OF THAT VARIANCE. I THINK WE'RE, WE'RE, WE'RE ADDING SOME MORE BUFFER BETWEEN BUFFER VARIANCE IN THAT, UH, REQUEST AND SHE STILL WILL MAINTAIN THAT UTILITY EASEMENT, UM, REQUIREMENT OF 12 FEET. UM, SO I AM, I'M GONNA SUPPORT THE MOTION. OKAY. COMMISSIONER, UH, CRUZ. UM, I AGREE WITH [03:35:01] MR. UNA. I THINK IT WOULD BE A GOOD COMPROMISE. WE'LL SEE HOW THAT HELPS OUT THE HOMEOWNER. THANK YOU. ALL RIGHT. ANYONE ELSE LIKE TO ADD? ALL RIGHT. STAFF, PLEASE TAKE A ROLL CALL. VOTE. MICHELLE. I CONCUR WITH THE MOTION AS READ. MR. MANCHACA. I CONCUR WITH THE MOTION. MS. CRUZ? YES, I CONCUR WITH THE MOTION. MR. MANNA, I CONCUR WITH THE MOTION IS READ. MS. BRAGMAN. I CONCUR WITH THE MOTION. MR. BATTLE? YES, I CONCUR WITH THE MOTION IS READ. MS. FISHER. I CONCUR AT THE, AS OF THE MOTION IS READ. MR. TEAL? YES, I CONCUR. MR. UNA? YES. I CONCUR WITH THE MOTION CHAIR ORIAN AND I ALSO CONCUR WITH THE MOTION. MOTION PASSES UNANIMOUSLY. SO WHAT'S GONNA HAPPEN NOW IS, UH, WE'RE GONNA GO, WE HAVE TO REHEAR ITEM NUMBER ONE. YES. WE NEED A MOTION TO RECONSIDER FIRST. WELL, WE, BECAUSE THE VOTE WASN'T LEGITIMATE, DID IT? DID WE EVEN MAKE A, HAD A MOTION? WELL, I WOULD SAY, JUST FOR THE RECORD, DO A MOTION TO RECONSIDER. OKAY. YOU CAN BRING IT BACK UP. UM, AND IT CAN BE BY VOICE VOTE. YOU DON'T NEED TO DO A ROLL CALL. VOTE. OKAY. I'M, IT'LL DO A ROLL CALL VOTE THIS TIME. OKAY. IF YOU WANNA JUST TURN YOUR, IF YOU WANNA TURN YOUR CAMERA OFF, MR. MENNA, UH, WE'LL, WE'LL TAKE CARE OF IT FROM THERE. AND THEN THAT WAY YOU CAN COME BACK ON FOR THE, THE MINUTES CAMERA IS OFF. OKAY. OKAY. I HEREBY MOVE TO RECONSIDER, UH, B O A UH, 21. THREE THREE. THERE A SECOND. SHALL COMMISSIONER, SHE GETS CREDIT FOR THE SECOND. WE'RE GONNA TAKE A VOICE VOTE. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. ALL. ANY OPPOSED? NAY. SAY NAYYY DURING NONE. UH, MOTION PASSES. UH, LET'S REHEAR THE ITEM PLEASE. MOVING TO THE ITEM RIGHT NOW. THANK YOU FOR YOUR TIME. SORRY, MR. BRA. OH, OKAY. THANK YOU MS. BRA. OKAY, SO ITEM ONE, IT'S, UH, D O 8 21, 1 0 3 0 0 0 2 3. I'LL, I'LL JUST SPEAK THROUGH IT. UM, MR. BE THIS IS GONNA BE FOR YOUR BENEFIT. UH, 8 5 5 5 A LINCOLN COUNCIL DISTRICT SEVEN. THE APPLICANT IS, UH, MARIUS, UH, PERONE REQUEST FOR A 40 FOOT VARIANCE FROM THE 80 FOOT MAXIMUM FRONT SETBACK REQUIREMENT IN ORDER TO ALLOW A FRONT SETBACK OF 120 FEET. KEON IS OH TWO HIGH RISE OFFICE DISTRICT. NEXT SLIDE. SUBJECT PROPERTY IS LOCATED NORTH OF THE INTERSECTION OF ECKERD ROAD AND ABE LINCOLN PROPERTY IS CURRENTLY ZONED OH TWO. HIGH RISE. OFFICE OH TWO REQUIRES A FRONT SETBACK OF 25 FEET AS A MINIMUM AND HAS A MAXIMUM FRONT SETBACK OF 80 FEET. APPLICANT'S PROPOSING A FRONT SETBACK OF 120 FEET IN ORDER TO PRESERVE A LARGE HERITAGE TREE, WHICH IS APPROXIMATELY OVER A HUNDRED YEARS OLD, LOCATED IN THE CENTER OF THE PROPERTY, WHICH IS MEASURED OVER SIX FEET IN THE WIDTH. NEXT SLIDE. HERE'S A COPY OF THE SITE PLAN SUBJECT PROPERTY THAT IS A TREE IN QUESTION DISTANCE. AS YOU CAN SEE, THE TREE IS RATHER LARGE SURROUNDING AREA 21 1 0 3 0 0 0 2 3. BASED ON THE FOLLOWING FINDINGS EFFECTS THE PROPOSED STRUCTURE WILL BE SET BACK A HUNDRED HUNDRED 20 FEET. AND THE LIVE OAK TREE IS MORE THAN 80 FEET AWAY FROM THE GROUND PROPERTY LINE. NEXT SLIDE. NEXT SLIDE. HELLO. ALL RIGHT. SO WE HAD SENT OUT 15 NOTICES, ZERO IN OPPOSITION, OR, UH, IN FAVOR, ONE IN OPPOSITION. ALL FARMSTEAD BABCOCK ROAD DANBRIDGE ASSOCIATION IS IN SUPPORT. UM, WE DO HAVE THE APPLICANT, MARY PERONE, MS. PERONE, AS I'M SURE KAYLA [03:40:01] MENTIONED TO YOU, WE HAD TO REHEAR THE CASE SINCE WE WERE, UM, WE DIDN'T HAVE A QUORUM, WE NOW HAVE A QUORUM. IF YOU COULD BRIEFLY STATE YOUR, YOUR NAME AND ADDRESS FOR THE RECORD, AND YOU CAN START A QUICK PRESENTATION. MOST OF THE COMMISSIONERS HAVE ALREADY HEARD THE PRESENTATION. UH, THERE IS ONE MR. BATTLE, UH, THAT'LL BE HEARING THIS FOR THE FIRST TIME. IF YOU HIT STAR SIX, YOU CAN UNMUTE YOURSELF AT THAT TIME. TRY AGAIN. ALRIGHT, SIR, GO AHEAD AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. AGAIN. SIX STAR SIX MS. BARONE. ALL RIGHT, LET'S TRY THAT AGAIN. MR. BRON. UH, STAR SIX. ALRIGHT, CAN YOU HEAR ME NOW? YES. PERFECT. UM, AS I WAS MENTIONING, UH, MOST OF THE COMMISSIONERS ALL HEARD THIS, YOUR PRESENTATION, WE HAVE WON MR. BATTLE. WHO'LL BE HEARING THIS FOR THE FIRST TIME, IF YOU WANNA KINDA LAY OUT WHAT WE DISCUSSED EARLIER. ALRIGHT. I'LL DO MY BEST TO DO THAT. UM, THERE'S SOME PROPERTY THAT I PURCHASED AT 8 5 5 5 ABE LINCOLN, UH, IN SAN ANTONIO TO BUILD A, UH, TRADE SCHOOL. AND, UH, THIS PROPERTY IS ZONED OH TWO, AND PART OF THE RULING OF THAT TYPE OF ZONING IS THAT YOU MUST PUT YOUR BUILDING WITHIN, UM, A CERTAIN NUMBER OF FEET OF THE STREET. I BELIEVE IT'S, WE HAVE TO BE WITHIN 40 FEET OF THE ACTUAL, UH, UH, HIGHWAY OR THE ROAD THERE. BUT IN THIS PROPERTY, THERE'S A HUGE OAK TREE RIGHT IN THE FRONT OF THE PROPERTY. AND RATHER THAN CUT DOWN THE OAK TREE, WE DECIDED TO LEAVE THE OAK TREE AND PUSH OUR BUILDING FARTHER BACK INTO THE, INTO THE, UM, LOT. AND SO, UH, THAT'S WHAT WHY WE'RE HERE TODAY IS TO TRY TO, UM, TO MAKE A, AN EXCEPTION TO THAT RULE ABOUT THE ZONING. OKAY. IS THAT, IS THAT ENOUGH? UH, IT'S, IT, IT'S, IT IS, IS, IS, UH, YOUR ARCHITECT, DOES HE WANT TO ADD ANYTHING? IS HE STILL HERE OR NOT? I, I DON'T BELIEVE THE ARCHITECT IS, UH, WAS ABLE TO CONNECT THIS AFTERNOON. OKAY. BUT, UM, WELL THEN WE CAN MOVE RIGHT ON TO, UH, UH, IF THERE'S ANY PUBLIC COMMENTARY YOU NEED TO READ INTO THE RECORD. UH, ZEKE, I CAN READ THAT AGAIN. UH, ONE SECOND. LEMME GET THAT ONE. OKAY. THIS GOES FROM HERE. SO THERE WAS TWO, ONE IN SUPPORT, ONE IN OPPOSITION, THE OPPOSITION BREACH. MS. LEO, I'M I OPPOSED THE VARIANCE REQUEST, UH, TO THE PROPERTY AT 8 5 5 ABE LINCOLN. DUE TO THE POTENTIAL OF INCREASED NOISE, MY HOUSE WOULD BE VERY CLOSE TO WHERE THE PROPOSED STRUCTURE WOULD BE, OR BU AND I WOULD, UH, PREFER TO KEEP THE PC QUIET WE CURRENTLY ENJOY. THAT'S FROM STEVEN BECKER, MOTHER'S EARTH DAYCARE, WHICH IS AT 84 64 BARON. THEN A LETTER SUPPORT FROM ALAMO FARMSTEAD. THE RESPONSES FROM THE ALAMO FARMSTEAD NEIGHBORHOOD ASSOCIATION WE'RE IN FAVOR OF THE CASE AND LOOK FORWARD TO DEVELOPING A NEW COMMUNITY BUSINESS PARTNER. I REACHED OUT TO THE COMMUNITY VIA DIRECT EMAIL AND THROUGH NEIGHBOR.COM FOR INPUT. IN GENERAL, EVERYONE WHO RESPONDED WAS IN FAVOR, ALTHOUGH SOME HAD EXPECTATIONS FOR MINIMAL TRAFFIC, MINIMAL NOISE, FAVORABLE HOURS OF OPERATION, PRESERVATION OF THE TREE, THE ADDITION OF MORE NATIVE LANDSCAPING, UH, DARK SKY LIGHTING AND MINERAL SIGNAGE. I DID REACH OUT TO MR. FERONE AND HE FAVORABLY ADDRESSED MOST OF THESE, UH, CO, UH, QUESTIONS. I HAD NOT HEARD THE NEIGHBORS WITHIN 1,000 FEET PERIMETER WHO SUCCESSFUL IN TALKING TO THE OWNER OF MOTHER'S EARTH DAY CARE. UH, HE HAS CONCERNS AND LIKELY WILL BE, UH, WILL NOT SUPPORT THE REQUEST, BUT IT APPEARED THAT MOST OF HIS, UH, CONCERNS WERE FOR NOISE AND TRAFFIC, WHICH I BELIEVE PER MY DISCUSSION WITH MR. PRONE, WILL NOT BE AN ISSUE. MR. PRONE INDICATED HAVING THREE SHIFTS OF 15 STUDENTS EACH, [03:45:01] ALTHOUGH HIS PLANS TO, UH, DO CALL FOR 25 PARKING SPACES AND MAY BE BENEFICIAL FOR MR. PERONE TO CONSIDER ADDING EXTRA BUFFER LANDSCAPING, UH, WITH THE RESIDENTIAL PROPERTIES. ABUTTING THE RE UH, THE REAR OF THE PROPERTY. UH, THANK YOU. PHILLIP MENA, VICE PRESIDENT ELLA FARMSTEAD. OKAY. SO WITH THAT, UH, IF, IF, UH, JUST TO MAKE A, A STATEMENT SINCE I, I HEARD THIS, UH, BEFORE AND HAD THE BENEFIT OF HEARING FROM HIS ARCHITECT, WE HAVE A, WE HAVE A SITE THAT, THAT HAS TO HAVE A, UH, 25 TO 80 FOOT. THE BUILDING HAS TO BE 25 TO 80 FEET FROM THE, FROM THE FRONT PROPERTY LINE. HE HAS A, A, UH, LARGE SIX FOOT OAK TREE, UH, AS WELL AS A DETENTION POND FOR HIS SITE PLAN THAT WOULD, UH, THAT, UH, MOTIVATED HIM TO RELOCATE THE BUILDING A LITTLE FURTHER TO THE REAR, WHICH IS STILL A GOOD 400 FEET FROM THE REAR PROPERTY LINE. AND THAT, UH, THE CONCERN RAISED BY THE NEIGHBOR REGARDING NOISE, UH, THE, WE HEARD TESTIMONY THAT THERE WAS A, UH, THAT THE BUILDING WOULD BE HEAVILY INSULATED BECAUSE YOU'RE DOING, UH, YOU'RE TRAINING PEOPLE AND MUSIC RECORDING. UH, AND SO IT'S, UH, IF, IF THAT'S CORRECT OR ANYTHING YOU'D LIKE TO ADD, UM, TO THE APPLICANT. UM, Y YES. UH, WHAT YOU SAID IS CORRECT. THE, THE FOLKS THAT ARE WORRIED ABOUT THE NOISE, THEY SAID THEY'RE, THEY'RE DWELLING IS VERY CLOSE TO MY BUILDING AS YOU, BUT AS YOU JUST STATED, THEY'RE OVER 400 FEET AWAY. RIGHT. AND A LOT OF TREES AND SHRUBBERY AND GREENERY IN BETWEEN MY BUILDING AND THEIR BARREN. OKAY. I JUST WANTED TO RAISE SOME OF THE PREVIOUS POINTS THAT WERE BROUGHT UP. AND, AND WITH THAT IN MIND, UH, COMMISSIONER BATTLE, IS THERE ANY QUESTIONS YOU HAVE? UH, THANK YOU. UH, ONLY ONE QUESTION. WERE THERE ANY OTHER PROPERTIES IN THE AREA THAT HAD, UM, VARIANCES FOR, FOR LARGER TREES LIKE THIS? I THOUGHT I NOTICED A COUPLE. WE WERE, THEY WERE SHOWING THE SLIDES EARLIER. THAT WAS MY ONLY QUESTION. OKAY. UH, THERE'S SOME LARGE TREES IN THE AREA. I DON'T RECALL ANY SPECIFIC VARIANCES FOR THIS, UM, PARTICULAR PART OF ABE LINCOLN. I KNOW WE'VE HAD SOME IN THE PAST, UM, ALONG ABE LINCOLN WHERE THE RESIDENTIAL STARTS KICKING IN, BUT, UM, THAT WAS ACTUALLY BEFORE MY TIME, BUT FOR TREES IN THIS AREA, WE DID NOTICE THERE WERE A FEW HERITAGE JOKES IN THE AREA. UH, THIS PARTICULAR ONE WAS LARGER THAN, YOU KNOW, IT WAS RATHER LARGE. THANK YOU, Z. ALL RIGHT. THANK YOU. UH, ARE THERE ANY OTHER COMMISSIONERS THAT WOULD LIKE TO ASK ANY QUESTIONS? OKAY. HEARING NONE. UM, ANYONE LIKE TO MAKE A MOTION? FISHER COMMISSIONER FISHER? YES. THE, UM, SUGGESTED, ATTEMPTED FOR A MOTION GRANTING A VARIANCE MM-HMM. REGARDING CASE NUMBER BO O A 2 1 1 0 3 0 0 0 2 3. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A 40 FOOT VARIANCE FROM THE 80 FOOT 80 FEET MAXIMUM FRONT SETBACK REQUIREMENT IN ORDER TO ALLOW A FRONT SETBACK, 120 FEET SITUATED AT 8 5 5 5 A LINCOLN APPLICANT BEING MAR MARONE PERONE. 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 ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE REMOVAL OF A HERITAGE TREE OF THIS SIZE WOULD BE CONTRARY TO THE PUBLIC INTEREST OF THE TREE CANOPY OF SAN ANTONIO. TWO, DUE TO A SPECIAL 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. IN ORDER TO CONSTRUCT THE BUILDING AT THE MAXIMUM SETBACK DISTANCE, THE PROPERTY OWNER WOULD NEED TO REMOVE A LARGE HERITAGE LIVE OAK. 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 FRONT SETBACK IN THE O TWO DISTRICT IS TO PROVIDE SPACING BETWEEN THE RIGHT OF WAY AND A HIGH RISE OFFICE BUILDING. HOWEVER, THE LAND CONSTRAINTS CAUSE CONFLICT AND THE MOVING OF THE BUILDING FARTHER [03:50:01] BACK WILL OB STILL OBSERVE THE SPIRIT OF THE ORDINANCE? FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THAT THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR THE WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANTS WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO INCREASE THE MAXIMUM FRONT SETBACK 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 PROPERTY OWNER IS STILL WILLING TO PROVIDE ALL OTHER NECESSARY SETBACKS AND LANDSCAPE BUFFER YARDS TO MITIGATE EFFECTS ON ADJACENT PROPERTIES. SIX. THE P 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 WHICH 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 THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY WHO ARE NOT CREATED BY THE OWNER OF THE PROPERTY, NOR ARE THEY MERELY FINANCIAL. THE PLIGHT OF THE OWNER WAS CREATED BY THE LOCATION OF THE HERITAGE TREE ON THE PROPERTY. SECOND. DO YOU, DO YOU WANT ME TO GO ON WITH THE DISCUSSION AT THIS POINT? CHAIR, ARE YOU MUTED? OH, YES. UH, I'M SORRY. I THINK, I THINK OUR CHAIR IS MUTED OUT. OH, THERE HE IS. YEAH. I, I'M HERE. SORRY. I WAS HEARING A BUNCH OF NOISE ON THE ROOF. GO AHEAD. YEAH. OH, OKAY. COMMISSIONER FISHER, I'M SORRY. ANY DISCUSSION LIKE THIS? SORRY. YES, I WILL BE IN SUPPORT OF THIS MOTION. UM, THE, UH, FORESIGHT IN GOING AHEAD AND PRESERVING THE HERITAGE EDGE TREE IS SIGNIFICANTLY IMPORTANT. AND I BELIEVE THAT THE OWNER, UH, SPENT A GOOD TIME PHYSICALLY, UH, ATTEMPTING TO MAXIMIZE THE SITE WITH CONSIDERATION OF THE TREE'S WELFARE. HE DOES HAVE SUPPORT OF THE NEIGHBORHOOD ASSOCIATION AND THE CONSTRUCTION WILL ACCOMMODATE ANY CONCERNS WITH ANY POTENTIAL NOISE ISSUES. THANK YOU. THANK YOU, COMMISSIONER. SHE YES, I AGREE. I THINK, UH, THE VERY NATURE OF THE, UM, BUILDING IS GOING TO MITIGATE ANY NOISE. AND ALSO I REALLY APPLAUD THE APPLICANT FOR PRESERVING THAT, NOT JUST THAT TREE, BUT A LOT OF THE OTHER, UM, SUBSTANTIAL TREES AROUND THE LOT. AND IT SEEMS LIKE THERE'S GONNA BE QUITE A BIT OF LANDSCAPING BETWEEN THE OFFICE BUILDING AND THE, UM, PROPERTY LINE. SO THE ADJACENT NEIGHBORS SHOULDN'T HAVE MUCH TO WORRY ABOUT. ALL RIGHT. ANY OTHER COMMISSIONERS LIKE TO ADD ANYTHING? ALL RIGHT. STAFF, PLEASE TAKE A ROLL CALL VOTE. MICHELLE. I CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. MENNA. I APOLOGIZE. MS. RAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. BE YES, I CONCUR. MS. FISHER? YES, I CONCUR. MR. THI YES, I CONCUR WITH THE FINDINGS OF FACT. MR. UNA? YES, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES NINE TO OH, UNANIMOUS. ALL RIGHT. SO WITH THAT, [9. 21-2964 Consideration and approval of the April 5, 2021 Board of Adjustment meeting minutes] WE HAVE, UH, CONSIDERATION AND APPROVAL OF THE, UH, MEETING MINUTES FROM APRIL 5TH. UH, ARE THERE ANY CHANGES OR ADJUSTMENTS FROM A COMMISSIONER? UH, HEARING NONE? UM, I'D LIKE TO HEAR A MOTION, TEAL MOTION TO APPROVE MEETING MINUTES FROM PREVIOUS MEETING. SECOND. SECOND. ALL RIGHT. THERE'S A MOTION. A SECONDED, UM, STAFF, PLEASE TAKE [03:55:01] A ROLL CALL. VOTE. MICHELLE? UH, YES, I APPROVE MR. MANGA. I APPROVE MS. CRUZ. YES, I HEAR APPROVE MR. MANNA? I APPROVE MS. BREGMAN. I APPROVE MR. BATTLE. YES, I APPROVE MS. FISHER? YES, I APPROVE MR. TEO. YES. MR. UNA? YES. I APPROVE CHAIR ORIENT, AND I ALSO APPROVE, UM, A MOTION PASSES. UM, AND IT LOOKS LIKE WE'RE AT THE END OF OUR MEETING, SO IF THERE'S ANY, UH, STAFF, IS THERE ANYTHING YOU NEED TO, UH, ANNOUNCE OR BEFORE WE ADJOURN? NOT AT THIS TIME. UH, AS FAR AS ALTERNATES, WE'RE GONNA BE WAITING FOR THE ELECTIONS TO TAKE PLACE. THAT WAY THE NEW, UH, COUNCIL MEMBERS CAN HAVE THEIR SAY ON WHO GETS, UH, ADDED TO THE BOARD OF ADJUSTMENT. UM, OKAY. NEXT MEETING. WE ONLY HAVE FOUR CASES AND ONE OF THEM. YEAH, THAT'S, IT'S BEEN A WHILE SINCE WE'VE HAD SO LITTLE. THAT'S OKAY. WELL, UH, THANK Y'ALL EVERYBODY VERY MUCH. AND I HEREBY ADJOURN, UH, THE MEETING OF THE BOARD OF ADJUSTMENTS FOR TODAY. THANK YOU. HAVE A GOOD NIGHT. GOOD EVENING. BYE. BYE. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.