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[00:00:10]

ALL RIGHT, SIR.

WE ARE LIVE.

GREAT.

GOOD AFTERNOON, LADIES

[Call to Order]

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 NOTICED MEETING OF THE CITY OF SAN ANTONIO BOARD OF ADJUSTMENT INTO SESSION, UH, INTERPRETERS.

PLEASE THE INTERPRETATION SERVICES AVAILABLE FOR THIS MEETING.

THANK YOU.

THANK YOU.

SO 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.

UH, WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF THOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.

SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE CITY SAN ANTONIO CITY COUNCIL.

THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.

WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 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 FOR THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28.

EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED ON 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 A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESIDENT OR NOT, WHICH IS NINE VOTES.

THE BURDEN OF PROOF IN GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT.

THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL.

SPECIAL EXCEPTIONS FOR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT OF 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 WOULD LIKE OUR STAFF TO REVIEW OUR MEETING FORMAT, UH, STAFF.

SIR, BEFORE THAT, WOULD YOU LIKE TO GO TO ROLL CALL FIRST? UH, WE CAN.

I MEAN, I JUST, UH, NO WORRIES.

GO AHEAD.

I CAN, I CAN GO AND READ INTO RECORD AND AFTERWARDS I'LL, I'LL GO TO ROLL CALL.

YEAH, PLEASE DO THAT.

TO PROTECT THE POTENTIAL SPREAD OF COVID-19, THE BOARD OF ADJUSTMENT IS HOLDING MEETINGS VIA VIDEO CONFERENCE.

THESE MEETING STANDARDS ARE BASED UPON THE VARIOUS SUSPENDED PROVISIONS OF THE OPEN MEETINGS ACT ISSUED BY THE TEXAS GOVERNOR RESPONSE TO COVID 19 CRISIS AND ARE IN PLACE UNTIL FURTHER NOTICE.

MEMBERS OF THE PUBLIC CAN WATCH AND LISTEN TO THIS MEETING BY VISITING SAN ANTONIO.GOV/DSD OR BY CALLING IN FOR AUDIO ONLY AT 2 1 0 2 0 6 5 4 8 3.

TO INCORPORATE THE PUBLIC COMMENT, THERE ARE FOUR OPPORTUNITIES.

PLEASE INCLUDE EMAIL OR MAIL COMMENTS, DROPPING OFF COMMENTS, LEAVING VOICEMAIL, OR ASKING TO CALL DURING THE MEETING.

STATEMENTS OR COMMENTS WILL BE LIMITED TO TWO MINUTES FOLLOWING THE PRESENTATION BY THE APPLICANT'S STAFF WILL READ INTO THE RECORD ANY EMAILS OR LETTERS RECEIVED.

STAFF WILL ALSO PLAY IN ANY MESSAGES RECEIVED BY VOICEMAIL.

LASTLY, FOR THOSE THAT SIGNED UP TO RECEIVE A CALLBACK, WE WILL CALL THEM TO STATE THEIR TWO MINUTE COMMENTS.

SPANISH INTERPRETERS ARE ON STANDBY AS NEEDED.

THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL WITH A TWO MINUTE LIMIT, UH, ALONG WITH AN OPPORTUNITY TO ADDRESS COMMISSION.

QUESTIONS.

GREAT.

STAFF, CAN YOU PLEASE CONDUCT THE ROLL CALL MICHELLE.

PRESENT.

MR. BABEL? PRESENT.

MR. MANCHACA PRESENT.

MS. CRUZ.

ONE MORE TIME.

MS. CRUZ.

HERE.

MR. MANNA PRESENT.

MS. BRAGMAN PRESENT.

MR. DELMER? PRESENT.

MS. FISHER? PRESENT.

MS. PRESENT.

MR. UNA PRESENT AND CHAIR ORIAN.

AND I'M ALSO PRESENT SO WE CAN BEGIN WITH.

AWESOME.

[00:05:01]

LET'S BEGIN WITH OUR FIRST CASE, PLEASE.

THIS CASE IS A CONTINUANCE

[1. 21-3266 (Continued from 04/19/2021) BOA-21-10300031]

FROM THE LAST MEETING, B O A 21 1 0 3 0 0 3 1, LOCATED AT 1511 NORTHWEST CROSSROADS COUNCIL DISTRICT SIX.

THE APPLICANT IS LEAD MAGNUM WITH PAVED DOS IN ENGINEERING TO REQUEST FOR A 14 FOOT 11 INCH VARIANCE FROM THE 15 FOOT TYPE B LANDSCAPE BUFFER REQUIREMENT TO ALLOW A BUFFER YARD TO BE ONE INCH ALONG THE NORTH PROPERTY LINE AND TWO, A NINE FOOT 11 INCH VARIANCE FROM THE 10 FOOT TYPE.

A LANDSCAPE BUFFER YARD REQUIREMENT TO ALLOW A BUFFER YARD TO BE ONE INCH ALONG THE EAST PROPERTY LINE.

CURRENT ZONING IS C TWO M L O D TWO ML R TWO.

NEXT SLIDE.

THE SUBJECT PROPERTY IS LOCATED ALONG TWO THES PETRANKO AS A PRIMARY ARTERIAL TYPE A ON THE NORTH AND NORTHWEST.

CROSSROADS IS A COLLECTOR ROAD ON THE SOUTH, THE AREA SURROUNDED BY VARIOUS USES LIKE THE RESIDENTIAL COMMERCIAL OFFICE USES.

AND THEY ALSO HAVE, UH, THE NATIONAL SECURITY AGENCY TO THE WEST.

THE APPLICANT IS REQUESTING VARIANCES TO DEVELOP A VACANT LOT AND CONSTRUCT AN INFORMATION TECHNOLOGY BUILDING BECAUSE OF THEIR PRIMARY TYPE, UH, PRIMARY ARTERIAL TYPE A ROAD TO THE NORTH AND COLLECT A ROAD TO THE EAST.

THE U D C REQUIRES A MINIMUM 15 FOOT BUFFER YARD ALONG THE NORTH SIDE AND 10 FOOT BUFFER ON THE EAST SIDE.

THE APPLICANT STATED THIS DATA CENTER REQUIRES A HIGH HIGH SECURITY MEASURES AND BECAUSE OF A 14 FOOT ELECTRIC GAS AND CABLE MOVEMENT, THE SECURITY FENCE IS SET TO BE 14 FEET AWAY FROM UH, INTERIOR OF THE PROPERTY.

LINE FENCE PLACEMENT TO THE BUILDING IS CRITICAL TO MANY 300 FOOT SEPARATION FOR GLASS ZONE.

UH, POSITIONING THE LANDSCAPE FEATURES WITHIN THEIR, UH, REQUIRED BUFFER AREA WITH CAUSE VISUAL CLUTTER AND IMPACT SECURITY CAMERAS FUNCTION.

THE APPLICANT IS KEEPING THE EXISTING PLANTS AND PROPOSING TO PLANT MORE VEGETATION FURTHER INTO THE SITE AND BEHIND THE LANDSCAPE BUFFER ZONE.

THE EXISTING TREES AND PROPOSED TREES HAVE BEEN MARKED BY LARGE AND SMALL SYMBOLS ON THE SITE PLANT, UH, RESPECTIVELY.

THE BUFFER YARD AREA WILL NOT BE USED FOR ANY CONSTRUCTION HERE.

A COPY OF THE SITE PLAN.

THE SMALLER TREES AS INDICATED, ARE GONNA BE NEW PLANTS THAT THAT WILL BE ADDED TO THE SITE.

THE LARGER ONES ARE EXISTING TREES THAT WILL BE MAINTAINED.

NEXT SLIDE.

THIS IS A SUBJECT PROPERTY AND SURROUNDING AREA.

STAFF RECOMMENDS APPROVAL OF VO A 21 1 0 3 0 0 0 3 1 BASED ON THE FOLLOWING FINDINGS OF FACT, THE APPLICANT IS USING THE BUFFER YARD TO SET UP SECURITY FACILITIES.

BUFFER AREA WILL NOT ACCOMMODATE ANY CONSTRUCTION AND THE EXISTING TREES WILL BE PRESERVED AND ADDITIONAL LANDSCAPE VEGETATION WILL BE PLANTED FURTHER BACK INTO THE PROPERTY.

NEXT SLIDE.

16 NOTICES WERE SENT OUT.

ZERO IN FAVOR, ONE IN OPPOSITION AND NO, THERE'S NO NEIGHBORS ASSOCIATION AND TO ANSWER QUESTIONS.

PREVIOUSLY, UH, REQUESTED THE APPLICANT DID RE UH, REACH OUT TO THE GENERAL CONTRACTOR TO REMEDY ANY ISSUES THAT WERE, UH, THAT CAME INTO QUESTION LAST TIME FROM THE NEIGHBOR.

AS FAR AS THE CONSTRUCTION SITE, WE DO HAVE LEE MAGNUM ON THE LINE.

LEE, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.

SURE.

THIS IS LEE MANGUM WITH PAWSON ENGINEERS.

MY ADDRESS IS 2000 NORTHWEST LUKE FOUR 10 IN SAN ANTONIO, TEXAS.

AND, UH, THANK YOU FOR LISTENING TO OUR CASE.

AND, UH, IF YOU WOULD, UH, PLEASE PUT UP THE, UH, SITE PLAN OF THE COLORED, UH, LANDSCAPE, UH, SO EVERYBODY CAN VIEW THAT DURING, UH, THE PRESENTATION.

LET ME KNOW WHEN THAT'S AVAILABLE.

IT, IT'S READY TO GO, LEE.

ALRIGHT, THANK YOU.

UH, SO, UH, AS WAS PREVIOUSLY STATED, UM, WE HAVE A A A PLAN HERE, AND THIS IS MUCH BETTER FOR US TO SHOW YOU WHAT WE'RE PLANNING AS FAR AS, UH, PROPOSED TREES AND EXISTING TREES.

UH, THE PLANS ITSELF, THE TREE PRESERVATION PLAN AND THE PLANTING PLANS HAVE BEEN REVIEWED BY THE STAFF, AND I BELIEVE THEY'RE RECOMMENDING APPROVAL BECAUSE, UH, UH, WE ARE MEETING THE CODE AND, UH, WE ARE PRESERVING 35% OF THE TREES AND 59% OF THE HERITAGE TREES.

UH, THE PROPOSED TREES INCLUDE MANY OF THE SPECIES, UH, THAT, UH, IS COMMON IN THE AREA.

UH, AND THEY WOULD BE BUR OAK SCHU, MAR OAK, MONTEREY OAK, LIVE OAK, AND ALSO CRATE MYRTLES.

WE'RE PRESERVING, UH, MANY LIVE OAKS, UH, MESQUITES, HACKBERRIES AND PERSIMMON.

UM, MY NOTICE TOO THAT WE

[00:10:01]

HAVE, UH, PLACED STREET TREES JUST INSIDE OF THE SITE, UH, BECAUSE OF THE SECURITY CONCERNS.

AND, UH, SO THAT NOT TO ALLOW TREES TO OBSTRUCT OUR SECURITY VIEWS AND ALSO TO NOT CREATE WAYS FOR PEOPLE TO CLIMB OVER THE FENCE.

UM, SO ALONG PETRANKO, UH, WE ARE PROVIDING 600 CAN, OR EXCUSE ME, 60 CANOPY TREES AND 24 UNDERSTORY TREES.

AND THEN ALONG THE NORTHWEST CROSSROADS, UH, WE'RE PROVIDING 54 CANOPY TREES.

SO ALL THE PROPOSED TREES, THE, THE NEWLY PLANTED TREES WOULD BE A THREE INCH IN CALIBER, WHICH IS, UH, ONE AND A HALF INCHES LARGER THAN WHAT IS REQUIRED.

SO WE'VE GOT SOME GOOD SIZED TREES GOING IN.

UM, AND WE'RE NOT ASKING FOR, UH, ANY TREE PRESERVATION REQUIREMENT VARIANCE.

WE'RE ONLY ASKING FOR THE LANDSCAPE BUFFER, UM, UH, TO NOT INTERFERE WITH THE SECURITY OPERATION.

UH, AND AS YOU CAN SEE, THE SITE IS WELL LANDSCAPE TO JUST NOT HAVING THE BUFFERS RIGHT WHERE THEY'RE TYPICALLY AT, WHICH IS RIGHT AT THE RIGHT OF WAY.

AND SO, UM, THE BUILDING IS SET BACK BY 300 FEET AND ELEVATED SOME, AND THAT'S PROVIDING A NATURAL BUFFER TO SCREEN VIEWS FROM THE FOLKS DRIVING ALONG, UM, THE STREETS, PETRANKO AND, AND NORTHWEST CROSS.

UH, SO, UM, THIS IS A QUICK AND SIMPLE, UH, PRESENTATION AND WE'D BE HAPPY TO ANSWER ANY QUESTIONS THAT THE, THE BOARD WOULD HAVE FOR, FOR US.

OKAY, THANK YOU.

UH, IS THERE ANY, UH, QUESTIONS FROM COMMISSIONERS? OKAY, I HAVE A QUESTION.

OH, GO AHEAD, COMMISSIONER MANN.

SO, UM, SO THANK YOU VERY MUCH FOR, FOR TAKING A LOOK, UM, AT THE LANDSCAPING, YOU KNOW, 'CAUSE I CERTAINLY HAD A, UM, SOME CONCERNS ABOUT THAT, UH, YOU KNOW, IN THE LAST REVIEW.

SO THANK YOU VERY, VERY MUCH ON THAT.

SO, SO, UM, WHAT IS THE INSET FROM THE EXISTING BUFFER THAT YOU'RE GOING TO, YOU KNOW, THAT LINE THERE? SO IS THAT LIKE 20, 30 FEET BACK FROM, UM, UH, FROM THE STREET WAY? IS, IS THAT THE PLAN? ROUGHLY? YES.

SO, UM, THERE'S A FENCE THAT'S JUST, UH, INSIDE THE, UH, ELECTRICAL EASEMENT AND IT'S, IT'S 14 FEET FROM THE RIGHT OF WAY.

AND THEN WE'VE GOT A, UH, AN AREA THERE WHERE THERE'S A PATROL ROAD.

UM, AND THAT'S APPROXIMATELY ANOTHER, UH, 18 FEET, UH, BEFORE YOU GET TO WHERE THE TREES, UH, CANOPY TREES AND UNDERSTORY, UH, TREES WOULD BE PLANTED.

SO THAT SOUNDS LIKE 40 FEET OR SO INSET THEN ROUGHLY, UH, ROUGHLY A LITTLE LESS THAN THAN 40 FEET, PROBABLY CLOSER TO 32 FEET.

OKAY.

SO, SO HERE'S A, A QUESTION FOR, UM, STAFF.

IS, UM, BY, UM, GRANTING THE VARIANCE AS WRITTEN, THERE REALLY ISN'T A REQUIREMENT FOR A A BUFFER YARD.

WOULD THAT BE CORRECT? AND THE QUESTION I WAS WONDERING IS IF THE LANGUAGE COULD BE CHANGED SO THAT SOMEHOW IT IMPLIES THAT THERE IS STILL A BUFFER MAINTENANCE, BUT IT'S INSET BY 40 FEET VERSUS AT THE PERIMETER.

BECAUSE RIGHT NOW IT'S KIND OF DEFINED TO BE THE OUTSIDE EDGE.

AND SO CAN THAT, CAN THAT EDGE BE MOVED INWARD BY 40 FEET OR 30 FEET AND SO THAT WAY THEY'RE VERY COMPLIANT WITHIN IT AND, AND, UM, AND STILL SITS ON THE PROPERTY? OR AM I BEING OVER CONCERNED? , WE'RE LOOKING INTO THAT.

ONE SECOND PLEASE.

OKAY.

AND THAT'S THE ONLY QUESTION I HAD.

SO, SO EVERYTHING LOOKS GREAT AND, YOU KNOW, I JUST WANNA MAKE SURE THE LANGUAGE READS WELL, YOU KNOW, FOLLOW THE PROPERTY.

SO, SO, BUT THAT'S THE ONLY THING THAT I HAVE A QUESTION ABOUT.

SO, SO, UH, THAT WAS IT.

SO BACK TO YOU STAFF.

STAFF, WHILE YOU'RE LOOKING INTO, UH, COMMISSIONER MANEZ QUESTION, I HAVE A, A QUESTION THAT'S VERY SIMILAR TO HIS, UM, WITH A 14 FOOT EASEMENT, WHICH IS TYPICAL ALONG PROPERTY LINES.

UH, WHEN YOU PLANT LAND, WHEN YOU HAVE A 14 FOOT EASEMENT AND THEN A BUFFER REQUIREMENT OF 15 FEET OR EVEN 10 FEET, HOW, HOW DOES, HOW DOES STAFF LOOK AT PLANTING TREES WHEN, WHEN THE UTILITY COMPANY DOESN'T WANT YOU TO PLANT TREES AND THEIR EASEMENT? I MEAN, SO TYPICALLY THEY'RE GONNA OVERLAP.

UM, BUT WE'RE, WE'RE DISCUSSING BOTH QUESTIONS AT THIS POINT.

THE FIRST ONE FOR, FOR MR. MANNA, WE WOULDN'T BE ABLE TO WORD IT TO RELOCATE THE, THE 15 FOOT BUFFER YARD INTERIOR.

UM, BUT AS TO THE BUFFER YARD, YEAH, THEY DO OVERLAP ON, ON OCCASION, UM, IF THEY DO PLANT AND AT THE END IT'S DUG UP, IT'S AT THE, YOU KNOW, OWNER'S EXPENSIVE COURSE.

UM, AND I WOULD SAY THAT THERE'S PROBABLY, UM, SOME EXTENUATING CIRCUMSTANCES RELATED TO THAT.

AND THE TREE REVIEWERS, THE LANDSCAPE REVIEWERS WILL LOOK AT THAT ON A CASE BY CASE BASIS.

AND IN THIS CASE,

[00:15:01]

UH, WE DID HAVE THE, UH, TREE REVIEWER LANDSCAPE REVIEWER, JACOB SANCHEZ, HE DID REVIEW THIS AND HE DID GIVE THE GREEN LIGHT FROM HIS PERSPECTIVE.

I GUESS WHERE I'M GOING WITH THAT IS IT'S IT BECAUSE THEY'RE MEET, APPARENTLY SEEMING TO MEET THE INTENT BY PUTTING A SERIES OF TREES ALONG WHERE THE BUFFER WOULD GO.

WOULD THIS NORMALLY HAVE BEEN JUST APPROVED AND NOT GONE BEFORE US? NO, NO, IT IS BECAUSE OF THE FACT THAT THEY HAD TO PUSH IT BACK.

UM, OKAY.

BUT TO MEET THE INTENT OF THE CODE, THAT'S EXACTLY WHERE JACOB REVIEWED IT.

AND, UM, SINCE IT DID MEET THE INTENT OF THE CODE, UM, HE WAS OKAY WITH THE, THE PLANS AS PRESENTED.

OKAY.

UH, DID THAT ANSWER YOUR QUESTION, COMMISSIONER MANNA? YEAH.

YEAH.

SO, UM, YES, IT DOES.

THANK YOU.

OKAY.

WAS THERE ANY OTHER COMMISSIONERS THAT HAD A QUESTION OR, OR A COMMENT? ALL RIGHT.

I JUST HAVE ONE MORE, UH, STAFF.

IN YOUR PRESENTATION, YOU HAD MENTIONED A 300 FOOT BLACK ZONE.

WHAT IS, WHAT IS, UH, WHERE'S THAT COMING FROM? THAT'S COMING FROM THE APPLICANT'S REQUEST? UM, LEE, IF YOU WANNA KIND OF DISCUSS THAT.

YEAH, SURE.

UM, SO RIGHT NOW WE'RE LOOKING AT, UH, THIS TO BE A PRIVATE USE, BUT THERE'S POSSIBILITY THAT THIS BUILDING COULD BE USED IN THE FUTURE AS FEDERAL MM-HMM.

.

UM, AND, AND THEIR REQUIREMENTS IS TO HAVE, UH, 300 FEET FROM THE PERIMETER FENCING, WHICH IS A VERY HIGH SECURITY FENCE THAT CAN TAKE, UH, YOU KNOW, HIGH IMPACT.

UH, BUT IF SOMEONE WAS GOING TO TRY TO, UH, YOU KNOW, BREAK THAT FENCE, UH, AND LET'S SAY THERE WAS A, A BOMB, UM, YOU KNOW, SET OFF AT THAT LOCATION, UH, THE 300 FEET WOULD, UM, YOU KNOW, THEORETICALLY BE FAR ENOUGH AWAY TO, TO LIMIT THE DAMAGE TO THE BUILDING.

AND THAT'S WHAT THAT'S ABOUT.

ALL RIGHT.

SO IF THERE'S NO OTHER QUESTIONS, UM, I THINK WE'RE READY TO GO TO A MOTION.

NANA, ANYBODY, UH, COMMISSIONER MANANA REGARDING CASE NUMBER BOA 2 1 1 0 3 0 0 0 3 1.

I MOVE THAT THE BOARD OF ADJUSTMENT GRANTS A REQUEST FOR ONE A 14 FOOT 11 INCH VARIANCE FROM THE 15 FOOT TYPE B LANDSCAPE BUFFER YARD REQUIREMENT TO ALLOW A BUFFER YARD TO BE ONE INCH AWAY OR ONE INCH ALONG THE NORTH PROPERTY LINE, AND TWO, A NINE FOOT 11 INCH VARIANCE FROM THE 10 FOOT TYPE, A LANDSCAPE BUFFER YARD REQUIREMENT TO ALLOW A BUFFER YARD TO BE ONE INCH ALONG THE EAST PROPERTY LINE SITUATED AT 1 5 1 1 NORTHWEST CROSSROADS APPLICANT BEING LEAD MAGNUM BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN 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 BUFFER YARD WILL BE USED TO SET UP THE FENCE AND SECURITY AREAS.

THE REQUESTED VARIANCES ARE NOT CONTRARY TO PUBLIC INTEREST.

TWO, DUE TO SPECIAL CONDITIONS, A 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.

PLANTING THE TREES WITHIN THE BUFFER YARD WOULD VISUALLY IMPEDE CAMERA SECURITY SYSTEM AND ALLOW PEOPLE TO CLIMB OVER FENCING.

A LITERAL ENFORCEMENT WOULD RESULT IN UNNECESSARY HARDSHIP.

THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.

THE REQUESTED VARIANCES ALONG THE NORTH AND SOUTH PROPERTY LINE WILL NOT CREATE CLUTTERED VIEWS.

THE APPLICANT IS KEEPING THE EXISTING TREES AND PLANTING CANOPY AND UNDERSTORY TREES BEHIND THE LANDSCAPE BUFFER.

THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.

FOUR.

THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE 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 IN THE ZONING 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 SUBJECT PROPERTY IS ABUTTING A SIMILAR FACILITY, A REQUESTED VARIANCE TO MOVE THE BUFFER YARD VEGETATION FURTHER INTO PROPERTY AND BEHIND THE BUFFER AREA WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY.

SIX.

APPLY.

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 NOT, AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.

SUPPLY TO THE PROPERTY OWNER IS NOT FOR FINANCIAL REASON AND NOT DUE TO THE RESULT OF THE GENERAL CONDITIONS OF THE SITE.

THE DATA CENTER REQUIRES UNIQUE SECURITY SYSTEM AND PLANTING VEGETATION WITHIN THE BUFFER AREA WOULD IMPACT ITS SECURITY.

END A MOTION.

[00:20:01]

YOU HAVE A SECOND, SECOND, SECOND TO, UH, COMMISSIONER CRUZ.

UH, COMMISSIONER MANNA, PLEASE LEAD THE DISCUSSION.

SO, SO THE ONLY HESITANT I HAD LAST TIME WAS WITH REGARDS TO, YOU KNOW, UH, I GUESS THE, THE, THE BUFFER AND, AND HAVING ONE, AND I'M PERFECTLY FINE WITH IT AS SUBMITTED, SHOWING THAT THEY INDEED ARE GOING TO PUT IN A BUFFER.

AND, AND SO WITH THAT, THEN I'LL BE VOTING IN FAVOR OF THIS MOTION.

GREAT.

COMMISSIONER CRUZ? YES, I CONCUR WITH, UH, UM, MR. PROPERTY WOULD BE A GOOD SIDE FOR WHAT THEY'RE TRYING TO, UH, MAKE.

THANK YOU.

ALRIGHT.

UH, ANY COMMISSIONERS? UH, ALL RIGHT.

UH, STAFF.

SO PLEASE TAKE A ROLL CALL.

VOTE.

MICHELLE.

I CONCUR WITH THE FINDINGS OF FACT.

MR. BATTLE.

I CONCUR, MR. MENKA.

I CONCUR WITH FINDINGS OF FACT.

MS. CRUZ.

YES, I CONCUR.

MR. MANNA.

I CONCUR WITH THE FINDINGS OF FACT.

MS. BRAGMAN.

I CONCUR WITH THE FINDINGS OF FACT, MR. DELMER.

I CONCUR.

MS. FISHER? YES, I CONCUR.

MR. DENO? YES, I CONCUR WITH THE FINDINGS OF FACT.

MR. UNA.

YES, I CONCUR WITH THE FINDINGS OF FACT AND SHARE ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT.

UH, MOTION PASSES UNANIMOUSLY.

ALL RIGHT, LET'S HEAR THE, UH, MOVE ON TO THE NEXT CASE, PLEASE.

[2. 21-3268 BOA-21-10300038]

NEXT CASE IS D O A 21 1 0 3 0 0 0 3 8.

LOCATED AT 9 0 8 CAMERON STREET.

UH, UNIT NUMBER TWO, ST.

COUNCIL DISTRICT ONE, THE APPLICANT IS EDGAR MURILLO.

THE REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE, UH, TYPE TWO SHORT-TERM RENTAL ZONING IS R FOUR.

A H O D PROPERTY CURRENTLY IS REGISTERED AS A NONCONFORMING USE FOR A DUPLEX, UH, SURROUNDING USES INCLUDE A MIXTURE OF DENSITIES, INCLUDING SINGLE FAMILY DWELLINGS AND DUPLEXES.

THERE IS CURRENTLY ONE TYPE TWO PERMIT ISSUED FOR THE ADJACENT PROPERTY.

AND ON THE BLOCK BASE, IF THIS SPECIAL EXCEPTION IS APPROVED, THERE WILL BE A TOTAL OF TWO TYPE TWO SHORT-TERM RENTALS ON THE BLOCK FACE, RESULTING IN 33% OF THE BLOCK FACE COPY THE SITE PLAN, SUBJECT PROPERTY AND SURROUNDING AREA STAFF RECOMMENDS DENIAL OF THE OA 21 1 0 3 0 0 0 3 8 BASED ON THE FOLLOWING FINDINGS OF FACT, THERE IS CURRENTLY ONE TYPE TWO SHORT-TERM RENTAL UNIT ON THE BLOCK FACE.

19 NOTICES WERE SENT OUT, ONE WAS RECEIVED IN FAVOR, UM, OUTSIDE THE 200 FOOT AREA, AND THAT WAS BASICALLY IT.

OKAY.

UH, STAFF BEFORE, GO AHEAD.

GO AHEAD SIR.

I WAS GONNA SAY, BEFORE WE GO ONTO THE APPLICANT, CAN YOU PLEASE CLARIFY WHAT HAPPENS WHEN A DUPLEX IS GRANTED THAT YOU TYPE TWO DOES COUNT AS TWO, OR IS COUNT AS ONE TWO? SO WHAT WE DO IS WE COUNT EACH UNIT, UH, EACH RESIDENTIAL UNIT.

SO WHETHER IT BE A MOTHER-IN-LAW SUITE OR A DUPLEX IN THIS CASE, EACH ONE IS COUNTED TOWARDS A TOTAL BLOCK FACE.

NOW THE ONLY TIME YOU COUNT THEM INDIVIDUALLY IS IF IT'S FIVE OR MORE UNITS, AND THEN THAT APARTMENT BUILDING WOULD THEN BE COUNTED ON ITS OWN.

I ONLY REQUESTED THAT CLARIFICATION BECAUSE YOU HAD, YOU HAD MENTIONED THAT THERE WERE SIX ON THE BLOCK FACE AND THERE'S ALREADY ONE CURRENT.

AND SO IF THIS ONE IS AWARDED TODAY, IT WOULD RESULT IN TWO, WOULDN'T IT RESULT IN THREE? THAT'S, I JUST WANTED TO YOU TO CLARIFY.

NO.

SO THEY'RE ONLY ASKING FOR A, A PERMIT FOR ONE UNIT, NOT BOTH UNITS.

OKAY.

THANK YOU VERY MUCH.

WE DO HAVE EDGAR, MARIO ON THE PHONE, SIR, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.

UH, HELLO.

MY NAME'S EDGAR MURILLO.

UM, I'M, I LIVE IN, UM, 3 0 0 7 OH, HENRY, UH, LAREDO, TEXAS.

UM, I'M ORIGINALLY FROM SAN ANTONIO, BUT I MOVED TO LAREDO, UH, TO WORK.

I CURRENTLY WORK FOR THE FEDERAL GOVERNMENT HERE IN LAREDO.

UH, I'VE OWNED RENTAL PROPERTIES HERE IN, IN, UH, IN LAREDO, BUT I DECIDED TO SELL AND PURCHASE IN SAN ANTONIO.

UM, THIS PROPERTY THAT I PURCHASED, UH, IT WAS ADVERTISED AS, UH, READY FOR AIRBNB.

UM, YOU KNOW, UH, THAT'S KIND OF HOW THEY, MY MOTIVATION

[00:25:01]

TO PURCHASE THE PROPERTY.

UM, THEY, THEY DO IT, THEY DID HAVE A, A SHORT-TERM RENTAL PERMIT, UH, THAT THEY PROVIDED ME ALL THE INFORMATION FOR THAT PROPERTY.

UM, SO I MEAN, UH, AS FAR AS, UH, UH, YOU KNOW, WHEN IT CAME TURN TO, FOR ME TO APPLY FOR THAT PERMIT TO SWITCH IT TO MY NAME, UH, I COME TO FIND OUT THAT, UM, THAT IT WAS, UH, I, IT WAS GOING TO EXCEED THE, THE, THE LIMITATIONS.

UM, THAT BLOCK PHASE IS, UH, I THINK THERE'S ONLY FOUR ACTUAL PROPERTIES.

ONE OF THEM IS A, IS A LAW FIRM ON THE CORNER, AND THEN THERE'S MAYBE LIKE TWO OR THREE HOUSES I'M ON THE SIDE OF, IT'S A SIDE BLOCK FACE, UH, RIGHT NEXT TO THE HIGHWAY.

SO IT'S, IT'S A VERY SHORT BLOCK.

UM, I GUESS, UH, COMPARED TO A NORMAL CITY BLOCK, UM, UH, THAT PROPERTY, UH, IT'S, UH, IT'S ALREADY, UH, THE, THE ONE THAT I, I AM SEEKING THE PERMIT FOR, IT'S ALREADY, UH, RENTED.

I'M SORRY, NOT RENTED.

IT'S ALREADY FURNISHED.

AND, UH, IT HAS ALL THE AMENITIES FOR, FOR A SUITE TYPE, UH, UH, SHORT, SHORT-TERM RENTAL.

UM, IT'S NEAR ALL THE, THE, THE BIGGEST HIGHWAYS NEAR DOWNTOWN.

UH, I HONESTLY THINK IT HELPS, UH, CONTRIBUTE TOWARDS THE, YOU KNOW, THE ECONOMY AND, UH, TOURISM OF THE DOWNTOWN AREA.

UM, IT, IT'S ALSO, IT'S RIGHT BARELY NORTH OF THE, UH, SAN PEDRO CREEK PROJECT.

SO ALL THAT'S WALKING DISTANCE.

UM, LET ME SEE ON MY NOTES WHAT ELSE I CAN THINK OF.

UM, THE PROPERTY.

UM, I INTEND TO, UH, UM, GO THROUGH AIRBNB, WHICH IS, UH, EVERYTHING'S MONITORED.

UH, EVERY, ALL TRANSACTIONS, ALL FEES ARE TAKEN THROUGH AIRBNB.

UH, AS FAR AS ME MANAGING THE PROPERTY, I'M THE ONE THAT WOULD MANAGE THE PROPERTY.

I HAVE A ALARM SYSTEM.

I HAVE CAMERA SYSTEM, UH, WHICH IS THE RING DOORBELL AND ALL THAT STUFF.

AND, AND, UH, UH, CURRENTLY THE, THE PROPERTY IS, IS, UM, VACANT.

I USE IT FOR PERSONAL, UH, REASONS, THAT'S WHY IT'S FOR FULLY FURNISHED.

UM, BUT IT'S, UM, IT'S READY TO GO AS FAR AS, YOU KNOW, IF IT, IF I WAS TO DO A SHORT TERM RENTAL, UH, UH, BASICALLY, UH, THERE WOULDN'T BE ANY ISSUES WITH ANY OF THE NEIGHBORS.

I, I SPOKE TO THE NEIGHBOR NEXT DOOR, UM, WHICH IS THE ONE THAT HAS THE CURRENT AIRBNB, I BELIEVE HE WAS GRANDFATHERED INTO IT ALSO.

AND HE, HE ACTUALLY SAID THAT HE, HE DIDN'T HAVE A PROBLEM AS FAR AS SUPPORTING, UH, ME BEING ALSO A, A SHORT-TERM RENTAL.

UM, I JUST, UH, I GUESS HE JUST NEVER GOT BACK TO ME.

AND AFTER, UH, UH, I SPOKE TO HIM, UM, UH, IT, UH, ALSO THE, UM, THROUGH AIRBNB WEBSITE, THERE'S A LOT OF, UH, SPECIAL CONDITIONS, WHICH IS, YOU KNOW, HOUSE RULES AND THINGS LIKE THAT, WHICH, UM, WOULDN'T ALLOW FOR ANY, UH, MULTIPLE GATHERINGS OR PARTIES OR ANYTHING LIKE THAT, WHICH, YOU KNOW, BASICALLY, UH, UH, KEEP THE, THE NEIGHBORHOOD SAFE AND, AND CLEAN FOR, FOR THE, THE TYPE OF, UH, TENANTS, THE SHORT-TERM TENANTS THAT I SEE TOO, TO BRING TO THE, TO SAN ANTONIO DURING THEIR VISIT.

UM, OTHER THAN THAT, UH, UM, THERE'S, DON'T HAVE ANYTHING ELSE.

UH, THE, THE PROPERTY'S FULLY RENOVATED.

IT'S, UM, UH, MODERN, RENOVATED.

EVERYTHING'S, UH, UH, RECENTLY WAS MAYBE LIKE TWO YEARS AGO THAT THE PROPERTY WAS RENOVATED.

SO IT'S A COMPLETE REMODEL.

UH, AND IT'S, UM, I GUESS IT'S HELPING TO, UH, RENOVATE THE AREA ALSO.

AND THAT'S PRETTY MUCH ALL I HAVE AS FAR AS WELL, THANK YOU VERY MUCH.

UM, WELL, WE'RE GONNA, WE'RE GONNA TAKE THIS TIME TO, UH, OPEN THE FLOOR TO COMMISSIONER QUESTIONS.

SO ANY COMMISSIONERS, UH, LIKE TO START OFF, BRUCE, COMMISSIONER CRUZ.

UM, SIR, ON THE PROPERTY NEXT DOOR, WHICH IS, UH, SINCE IT'S A DUPLEX, UH, ARE THE RENTERS OKAY WITH YOU MAKING THE OTHER SIDE OF YOUR PROPERTY A SHORT TERM RENTAL? UH, YES, THEY ARE, UH, DURING THIS TIME, UM, THAT, UH, I GUESS I PURCHASED THE PROPERTY AND THEN THE PANDEMIC GOT IN THE WAY.

SO I, I, YOU KNOW, UH, I OWNED, I DID LEND IT TO, UM, LET FRIENDS AND FAMILY BORROW IT, AND I DID EXPRESS MY INTENTIONS TO, UM, DO A SHORT-TERM RENTAL ON, ON THE OPPOSITE SIDE.

AND THEY DON'T HAVE A PROBLEM WITH IT.

THEY'VE BEEN WITH ME FOR ABOUT A YEAR NOW ON THAT LONG-TERM RENTAL SIDE.

OKAY.

THAT'S WHAT I NEEDED TO NOTE.

THANK YOU.

ALRIGHT, ANY OTHER

[00:30:01]

COMMISSIONERS, MA'AM? COMMISSIONER MANNA AND THEN COMMISSIONER ZUNA.

SO THOSE QUESTIONS FOR THE APPLICANT.

UM, SO, UH, HAVE YOU, HAVE YOU ATTEMPTED TO RENT THIS SIDE OUT AS WELL? UM, YOU KNOW, BEING THAT YOU, IT DOES SEEM LIKE YOU WERE SUCCESSFUL ON THE ONE SIDE, HAVE YOU ATTEMPTED TO RENT THE OTHER SIDE OUT? AND IF NOT, THEN YOU KNOW, WHAT WOULD BE, I GUESS, WHY WOULDN'T YOU TRY RENTING OUT THE OTHER SIDE? UM, BASICALLY I DID ATTEMPT TO, UH, I STARTED FURNISHING IT.

SO AS FAR AS THE, THE, MY RENTAL PRICE, I WAS TRYING TO SEE IF I CAN SEEK OUT, UH, FULLY FURNISHED TENANTS.

UH, I MEAN FULLY FURNISHED, UM, UM, POTENTIAL TENANTS AS FAR AS THE PROPERTY.

AND, UM, AND AS FAR AS THE EMPTY UNFURNISHED, UM, A LOT OF PEOPLE WERE HESITANT BECAUSE OF THE, THE, YOU KNOW, IT'S A REMODEL IN THE AREA.

I GUESS THEY DIDN'T AGREE WITH THE PRICE.

UM, AND THEN, UM, SOME OF THE PEOPLE COMPLAINED A LOT, A LOT ABOUT THE HIGHWAY NOISE AND AS FAR AS LONG-TERM STAY, UM, AND THEN AGAIN, THE WHOLE PANDEMIC CAME ACROSS AND, UM, AND I JUST DECIDED TO WAIT AND, AND, UH, YOU KNOW, SEE IF I CAN SEEK OUT THE SHORT TERM, UM, FOR, I, I JUST BELIEVE THAT I'M ABLE TO CONTRIBUTE BETTER WITH THE, UH, SHORT TERM AS FAR AS BEING ABLE TO GET WHAT I NEED TO GET FOR, TO, TO, FOR THE PAYMENT OF THAT PROPERTY.

OKAY.

THANK YOU, MS. UNA.

YEAH, MY QUESTION IS IN REGARDS TO THE, UH, OFFSITE PARKING, IF THERE'S ENOUGH, UH, PARKING SPACES TO ACCOMMODATE THE, UH, THE PROPOSED, UH, SHORT-TERM RENTAL, IT'S FOR THE APPLICANT? YES.

THE, THERE IS PARKING, UH, THE, THERE'S TWO SPOTS FOR THE, THE, THE LONG TERM THAT HAS, UM, THAT, THAT'S A TWO BEDROOM.

SO IT, I HAVE A COUPLE THAT LIVES THERE.

AND THEN I HAVE, FOR THE SHORT-TERM RENTAL, IT'S A, IT'S A LONG DRIVEWAY ALONG THE SIDE THAT YOU CAN MIN, UH, FIT, UH, MULTIPLE VEHICLES.

UH, MY INTENTION IS TO, UM, FOR SHORT-TERM RENTAL WOULD BE JUST, UH, UH, MAX FOUR, FOUR PEOPLE, EITHER A COUPLE AND THEN A COUPLE KIDS OR TWO COUPLES, UH, IF IT'S FOUR, BUT IT'S A ONE BEDROOM WITH, UM, WITH AN INFLATABLE, UH, MATTRESS AND A PULLOUT COUCH.

SO THERE WOULDN'T BE ANY STACKING.

RIGHT.

YOU WOULDN'T NEED TO, LIKE IF I WAS A LONG-TERM RENTAL RENTER, I WOULDN'T HAVE TO MOVE MY CAR FOR THE SHORT-TERM RENTER TO BE ABLE TO PARK N NOT AT ALL.

UM, THE, MY LONG-TERM RENTAL, THEY HAVE THEIR SPOTS AND THEN, UM, THEY'RE AWARE OF THE SITE, THE, THE, THE ONE BEDROOM, UH, SHORT TERM INTENDED RENTAL.

UM, LIKE I SAID, WE USE THAT, UM, FOR ME, FAMILY AND FRIENDS, AND WE'VE NEVER HAD AN ISSUE.

UM, AS FAR AS PARKING, UH, AS FAR AS ANY GUESTS THAT THEY MIGHT HAVE, UM, YOU KNOW, THERE'S, UH, THERE'S PARKING ALONG THE STREET.

UM, BUT AS FAR AS THE ACTUAL TENANTS, UH, THEY HAVE THEIR ASSIGNED PARKING SPOTS.

ALRIGHT, THANK YOU.

YOU'RE WELCOME.

MANNA, UH, COMMISSIONER MANNA.

SO, UM, I WAS TRYING TO LOOK AT, SO REFERENCING MR. UNA'S QUESTION WITH REGARDS TO PARKING.

SO IS THERE, IS, IS THERE GRASS IN THE FRONT YARD OR IS IT ALL, IS IT ALL DRIVEWAY? IT'S ALL, IT'S ALL DRIVEWAY.

SO IS THERE A, UM, YOU KNOW, WE'RE, IS THERE AN ISSUE WITH REGARDS TO, UM, THE FIFTH PERCENT COVERAGE? JUST THAT QUESTION FOR THE CITY? SO THE STRUCTURE IS A NONCONFORMING STRUCTURE.

IT'S BEEN THERE.

UM, THE PARKING IS AS WELL.

UM, I WOULD NEED TO GO BACK AND GOOGLE IMAGES TO FIGURE OUT WHEN, IF IT WAS THERE BEFORE THE U D C OR NOT.

UM, I COULD DO THAT DURING THIS PRESENTATION OR DURING THE CONVERSATIONS, UH, JUST IN A FEW MINUTES TO, TO LOOK THAT UP.

UH, THAT SECTION OF CODE IS ACTUALLY ADDED WITH THE U D C, SO, YEAH, 'CAUSE THE PICTURE I'M LOOKING AT, GOOGLE DOES SHOW THAT THERE IS A FRONT YARD, SO, UM, AND SO, UH, WHATEVER YEAR THAT WAS TAKEN, SO, UM, OKAY.

THANK YOU MAKA.

UH, COMMISSIONER MINKA, I HAVE A QUESTION FOR STAFF.

UH, THIS IS SORT OF A GRAY LINE FOR ME.

LIKE, UH, YOU SAID WE HAVE TWO UNITS, IT'LL MAKE IT 33.3%.

WHAT IS ONE UNIT AND HOW, UH, COULD YOU REVIEW THAT AGAIN, PLEASE, STAFF? SURE.

UM, MERKEL'S GONNA PLACE THE MAP ON THE, THE SCREEN REAL QUICK, SHOWING THE, THE CURRENT SCRS.

ALL RIGHT.

SO WHEN YOU'RE LOOKING AT THE SDRS ONLINE, UH, THIS PROPERTY SPECIFICALLY HAD AN OLD GRANDFATHERED.

S D R, THEY ACTUALLY HAD TWO.

UM,

[00:35:01]

BUT THE WAY THE PROGRAM IS SET UP IS THEY'RE NON-TRANSFERRABLE, SO AUTOMATICALLY ALLOWED ONE SHORT-TERM RENTAL FOR EACH BLOCK PHASE AUTOMATIC, REGARDLESS OF THE PERCENTAGE.

SO YOU COULD HAVE FIVE UNITS ON A BLOCK, YOU'RE STILL ALLOWED ONE S T R, ANYTHING BEYOND THAT, WE'RE GONNA CALCULATE, UH, TOWARDS THE 12.5%.

SO NOT UNTIL YOU HAVE 12 UNITS, COULD YOU ACTUALLY HAVE A SECOND SHORT-TERM RENTAL.

AND WE ACTUALLY ROUND UP, SO IN THIS SCENARIO, UH, SINCE THE GENTLEMAN JUST PURCHASED IT, UH, THE OTHER TWO GRANDFATHERED ST UH, ARE AND VOID AT THIS POINT, THEY'RE STILL SHOWING UP ON THE MAP AS YOU CAN SEE, BUT WE'RE ACTUALLY WORKING WITH I T S C TO REMOVE THAT.

UM, SO THAT'S BASICALLY THE WAY WE CALCULATE IT.

I SEE.

WHAT'S THE BOTTOM LINE? NONTRANSFERABLE? THAT IS CORRECT.

NON-TRANSFERABLE.

THANK YOU.

FISHER COMMISSIONER FISHER? YES, I HAD A QUESTION, UH, TO STAFF WITH REGARDS TO THE PER A PERMITTED S T R, WOULD IT BE FOR EITHER OR OF THE, UH, SECTIONS OR WOULD IT SPECIFY WHICH DWELLING UNIT WOULD BE THE, UH, S D R? IS IT FOR THE WHOLE THING, IN OTHER WORDS, AND IT'S SPECIFIED, ONE OR THE OTHER? CAN YOU CHANGE IT OR INTERCHANGE IT, THAT TYPE OF THING? NO, MA'AM.

YEAH, THEY'RE NOT INTERCHANGEABLE, THEY'RE SPECIFIC TO THE UNIT ITSELF.

UH, PART OF THE REQUIREMENT IS YOUR, ONCE YOU RECEIVE YOUR PERMIT, IT MUST BE LISTED WITHIN THE UNIT, WHICH IDENTIFIES SEVERAL, YOU KNOW, PARTS OF THAT.

BUT YEAH, THEY ARE SPECIFIC TO EACH INDIVIDUAL UNIT.

OKAY.

UH, STAFF, I, CAN YOU PLEASE, UH, CLARIFY, UH, THE, WAS THIS, WAS THIS, DOES THIS NEED TO HAVE, NEED TO BE ADVERTISED TO BE UNIT TWO BEING THE S T R? THAT IS INTENDED TO BE, UH, THE, THE NUM, THE, THE F T R TYPE TWO, BECAUSE IN THE, IN THE READING OF THE MOTION, UH, SUGGESTED MOTION TEMPLATE, IT ACTUALLY SPECIFIES UNIT TWO, BUT IN THE AGENDA IT DOESN'T SAY UNIT TWO.

DOES THAT, DOES THAT UH, MATTER FOR WHAT, HOW THIS WAS ADVERTISED? NO, SIR.

IT DOESN'T MATTER.

'CAUSE ONCE THE PERMIT COMES THROUGH, IT'LL BE IN OUR SYSTEM, UH, BASED ON THE UNIT.

OKAY.

ARE THERE ANY MORE COMMISSIONER QUESTIONS? SHELL TNO THE COMMISSIONER, SHELL, THEN TRAVINA.

UM, THIS IS JUST FOR, UH, STAFF.

COULD YOU MOVE THE MAP SHOWING THE, THE MAP THAT'S ON THE SCREEN RIGHT NOW? CAN YOU MOVE IT, UM, NORTH A LITTLE BIT SO THAT WE CAN SEE THE OTHER STR IN THIS NEIGHBORHOOD? BECAUSE I KNOW FIVE POINTS PRETTY WELL, AND I KNOW THERE ARE A LOT IN THIS NEIGHBORHOOD.

UM, ESPECIALLY THIS JUST WITHIN THIS SMALL FEW BLOCKS.

THANK YOU.

OKAY.

UH, WAS THERE ANYTHING ELSE? UH, COMMISSIONER MICHELLE, BEFORE WE GO ON TO COMMISSIONER TINO.

OKAY.

COMMISSIONER TINO.

UM, YEAH, I JUST, THIS QUESTION FOR STAFF, SO I JUST WANNA MAKE SURE I HEARD THIS CORRECTLY.

THOSE TWO STR THAT ARE SHOWING UP ON THAT BLOCK FACE, THESE ARE NO LONGER, UM, THERE, YOU'RE, YOU'RE WORKING TO REMOVE THEM.

SO REALLY THIS WHOLE BLOCK FACE DOESN'T HAVE AN S T R AT THIS POINT.

ONLY ONE OF THEM.

THE ONE TO THE NORTH THAT IS THE NEIGHBOR.

UM, SO THIS SPECIFIC PROPERTY, YOU ONLY SEE ONE DOT, BUT THERE'S ACTUALLY TWO SHORT-TERM RENTAL PERMITS ON THAT, ON THIS PROPERTY THAT WERE ORIGINALLY GRANDFATHERED IN.

UM, BUT AS THE OWNER SOLD THE PROPERTIES, BOTH GRANDFATHER STRS OR, OR NULL AND VOID.

OKAY, SO WHEN YOU MADE THE STATEMENT THAT, UM, ANY ONE BLOCK FACES ALLOWED ONE PER RIGHT AND THEN EVERYTHING ELSE, UM, YOU USE THAT CALCULATION, IS THAT WHAT'S APPLYING HERE ON THIS BLOCK FACE? YES, MA'AM.

THAT'S CORRECT.

SO IF THERE WEREN'T ANY STR AT ALL, THIS BLOCK WOULD AT LEAST GET ONE.

UM, EVEN IF IT WAS FOUR UNITS ON THE BLOCK, HE'D STILL ALLOWED TO GET ONE UNIT OR ONE SHORT-TERM RENTAL.

IT'S BECAUSE THE EXISTING ONE TO THE NORTH IS A GRANDFATHERED S T R THAT'LL REMAIN.

UM, NOW WE'VE EXCEEDED THE 12.5, AND THAT'S WHAT BRINGING, THAT'S WHAT BRINGS MR. MUDO TO, UH, THE BOARD TODAY.

OKAY.

NOW, NOW I UNDERSTAND.

THANK YOU.

UH, ANY OTHER QUESTIONS? OKAY, I HAVE A QUESTION.

UH, FOR STAFF.

YOU HAD MENTIONED THAT, UH, THEY'RE NON-TRANSFERRABLE WHEN THEY'RE SOLD, BUT IF THE PREVIOUS OWNER HAD JUST OUTTA CURIOSITY, IF THIS WAS OWNED BY A COMPANY AND THEN THEY SOLD THE COMPANY TO SOMEONE ELSE, IT WOULD BE TRANSFERRED.

CORRECT.

BECAUSE YOU DON'T CARE IF THE OWNERSHIP OF A COMPANY WHO OWNS AN S R CHANGES, YOU JUST CARE IF THE OWNERSHIP CHANGES.

AS LONG AS THE OWNERSHIP, A LOT OF THESE ARE OWNED BY LLCS AND PARTNERS INTERCHANGE ALL THE TIME, BUT THE PAR THE OVERALL PARTNERSHIP REMAINS

[00:40:01]

THE SAME.

THE TITLE, THAT'S FINE.

BUT ONCE THE L C SELLS OFF TO A NEW COMPANY OR INDIVIDUAL, YEAH, UH, THAT'S WHEN, UM, IT IT WOULDN'T BE TRANSFERRABLE.

YEAH.

I JUST WANTED TO MAKE SURE THAT HAD THIS PERSON HAD IT IN AN L L C THAT WAS INDEPENDENT TO THIS ONE STRUCTURE, AND THEN HE SOLD THE L L C TO SOMEBODY BECAUSE THE OWN, THE TITLE OF THE OWNERSHIP WOULDN'T CHANGE.

HE COULD, THEORETICALLY IT WOULD BE TRANSFERABLE IN THAT, NOT IN THAT WAY.

MM-HMM.

.

SO THEORETICALLY, YES.

UH, WE HAVEN'T SEEN THAT SPECIFIC SITUATION, BUT YEAH, THAT'S POSSIBLE.

JUST WONDERING.

UM, OKAY.

ARE THERE ANY OTHER QUESTIONS? ALL RIGHT.

SO WE, WE, UH, WE'RE GONNA GIVE THE APPLICANT AN OPPORTUNITY, UH, TO MAKE A CLOSING, UH, STATEMENT OR PROVIDE ANY CLOSING REMARKS.

YOU HAVE, UH, THREE MINUTES, UH, MR. MARILLO.

OKAY, THANK YOU.

UM, NO.

WELL, UM, BASICALLY THAT'S IT.

UH, UM, MY HEART'S IN SAN ANTONIO THAT, THAT PROPERTY IS, UH, UH, I WAS, I WANTED TO USE IT FOR PERSONAL AND SHORT-TERM RENTAL.

UM, SO, YOU KNOW, I, I DON'T, I I FEEL THAT, UH, MY INTENTIONS ARE GOOD FOR, FOR THE AREA FOR DOWNTOWN SAN ANTONIO.

UM, THAT AREA'S CURRENTLY BEING REVITALIZED COMPLETELY.

UM, AGAIN, UH, I DO LIVE THAT THAT PROPERTY IS ON A, ON A SHORT BLOCK, AND IT'S NOT A NORMAL BLOCK FACE, UH, COMPARED TO ANY AVERAGE CITY BLOCK.

UM, IT'S MAYBE THREE OR FOUR PROPERTIES THAT ARE ON THAT SIDE BLOCK.

UM, IT, IT, IT'S WALKING DISTANCE FROM DOWNTOWN.

UH, MY INTENTIONS ALSO WITH THE SHORT TERM WOULD BE, UM, TRY TO SEEK OUT, UH, PERHAPS, UH, NURSES FOR ALL THE HOSPITALS IN THE AREA, UH, YOU KNOW, AND, UH, SINCE THERE'S SO MANY HOSPITALS RIGHT THERE IN THAT DOWNTOWN AREA ALSO.

UM, BUT, UM, YOU KNOW, I'M LOOKING TO TAKE CARE OF THE NEIGHBORHOOD AND, AND, AND CONTRIBUTE PRETTY MUCH TO THE ECONOMY AS MUCH AS I CAN.

UH, AND THAT'S, THAT'S BEST.

I HAVE .

OKAY.

THANK YOU VERY MUCH.

SO WE'RE GONNA OPEN THIS UP FOR A MOTION, AND WHOEVER DOES MAKE THE MOTION, PLEASE BE AWARE THAT THE APPLICANT'S NAME IN THE TEMPLATE IS INCORRECT.

SO WHO WOULD LIKE TO MAKE A MOTION? OKAY.

UH, COMMISSIONER BRACKMAN.

HANG ON.

LET GET TO, UH, THE, UM, TEMPLATE.

GIMME A SECOND.

OKAY.

OH, SORRY, I'M NOT FINDING THEM.

MAYBE SOMEBODY ELSE CAN, UM, GRAB THIS AND I'LL GET THE NEXT ONE.

OKAY.

UM, I MEAN, I'LL GO AHEAD AND MAKE THE MOTION.

UH, I HAVE IT IN FRONT OF ME.

THANK YOU.

UH, REGARDING CASE NUMBER BO A DASH 20 DASH OH 3 3 8, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORTTERM RENTAL UNIT SITUATED AT 9 0 8 CAMERON STREET, UNIT TWO, APPLICANT BEING EDGAR MARILLO.

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.

THE BOARD FINDS THAT THIS REQUEST TO OPERATE A SHORT-TERM RENTAL IS UNLIKELY TO MATERIAL ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE.

THERE IS NOTHING EVIDENT THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS PROPERTY.

AND IT HAS BEEN PREVIOUSLY OPERATED AS A SHORT-TERM RENTAL FEE.

THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC ANCE.

THE BOARD FINDS THAT THERE ARE A TOTAL OF SIX RESIDENTIAL UNITS ON THIS BLOCK BASE, AND A SPECIAL EXCEPTION WOULD PERMIT A TOTAL OF TWO TYPE TWO SHORT-TERM RENTALS, RESULTING IN 33 AND A THIRD PERCENT OF THE BLOCK FACE.

C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.

THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY RESIDENCES AND DUPLEXES.

THE SUBJECT PROPERTIES LOCATED IN CLOSE PROXIMITY TO DOWNTOWN IN A HIGHWAY.

THIS UNIQUE SCENARIO DOES NOT CAUSE A REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES AS A TYPE TWO SHORT-TERM RENTAL, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACULTIES HAVE BEEN OR ARE BEING PROVIDED.

THE SUBJECT PROPERTY PROVIDED ALL STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS IN OPEN SPACE.

E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTIONS, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES.

CONFIRMED CITATIONS FOR 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 HOLD, HOLDS A SHORT-TERM RENTAL PERMIT AND DOES NOT HAVE ANY HISTORY OF REVOCATION,

[00:45:01]

CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16.

F.

THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN LOCATION IN WHICH THE PROPERTY FOR WHICH A SPECIAL EXCEPTION IS SOUGHT.

THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO COMMERCIAL, RECREATIONAL, AND OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PROVIDING ALL STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY.

THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE CENTRAL CARE FOR THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION END OF MOTION.

SECOND.

OKAY, THIS A SECOND.

COMMISSIONER UNA.

ALL RIGHT, I'M GONNA GO AHEAD AND LEAVE THE DISCUSSION.

I'M IN FAVOR OF THIS, UH, FOR, UH, THE BIG REASON BEING THAT, UH, THE MANNER IN WHICH, UH, THIS COULD HAVE BEEN TRANSFERRED, UH, COULD HAVE BEEN DONE IN A WAY HAD THIS BEEN PUT IN AN LL C TO WHERE THEY WOULDN'T EVEN HAVE TO COME BEFORE US.

BUT NUMBER TWO, THERE WAS HISTORICALLY TWO AT THIS PLACE, AND NOW THERE'S ONLY GONNA BE ONE.

SO THIS IS A REDUCTION TO THE HISTORIC AMOUNT OF, OF TYPE TWO F STRS, AND THERE'S BEEN NO, UH, CODE-COMPLIANT OR, UM, ANY OTHER SORT OF, UH, VIOLATIONS AT THESE ON THIS BLOCK BASE.

SO I'M WITH THAT.

I'LL JUST BE IN SUPPORT OF THIS AS BEING, AS AS REQUESTED.

COMMISSIONER UNA, RIGHT? SO I'M IN SUPPORT OF THE MOTION AS WELL.

AND IMPORTANTLY ALSO IS THAT WE DIDN'T SEE THIS GROUNDSWELL OF OPPOSITION AGAINST IT.

WHAT WE DID SEE WAS, UH, UH, ONE IN FAVOR, UH, FOR, FOR THE, UH, PROPOSED.

SO, UH, GIVEN THAT, AND FOR THE RE REASONS PREVIOUSLY MENTIONED, I'M SUPPORTING THE MOTION.

OKAY.

ANY OTHER COMMISSIONERS? BRAGMAN, COMMISSIONER, BRACKMAN? UH, SO I'M GONNA BE IN SUPPORT OF THE MOTION AS WELL.

I, I THINK THAT, UM, ALTHOUGH THE AREA IS BEING REVITALIZED, I THINK THAT PARTICULAR LOCATION BEING RIGHT THERE AT THE CORNER OF BASICALLY TWO FREEWAYS IS GONNA BE A CHALLENGE AS, UM, THE APPLICANT MENTIONED, UH, TO, TO RENT OUT ON A LONG-TERM BASIS.

SO I'M, I'M GONNA BE IN SUPPORT OF IT.

I THINK THIS IS A GOOD ALTERNATIVE, UH, USE FOR THE, THE PROPERTY.

THANK YOU.

UH, ANY OTHER COMMISSIONERS? SHELL, COMMISSIONER, SHELL, UM, I'M GOING TO BE OPPOSED TO THIS.

UM, FIVE POINTS IS INCREDIBLY SATURATED WITH SHORT-TERM RENTALS.

UM, MANY, MANY OF THOSE WERE GRANDFATHERED IN WHEN THE SHORT-TERM RENTAL ORDINANCE WENT INTO EFFECT.

UM, AND I, I THINK THAT THE HOUSING THAT IS THERE NEEDS TO BE FOR RESIDENTS.

THANK YOU.

THANK YOU.

MINKA COMM, COMMISSIONER MINKA, UH, SAME REASONS, UH, CONCUR WITH THE COMMISSIONER.

SHELL, I WILL BE OPPOSING THIS.

OKAY.

UH, ANY OTHER COMMISSIONERS? FISHER, UH, COMMISSIONER FISHER FISHER? YES.

ALTHOUGH TYPICALLY I WOULD NOT BE IN FAVOR OF A SHORT-TERM RENTAL WHEN THERE'S BEEN A SIGNIFICANT AMOUNT OF SHORT-TERM RENTALS ALREADY IN EXISTENCE, I FEEL LIKE THE LOCATION, UH, HAMPERS THE, UH, VIABILITY OF A LONGER TERM RENTAL BECAUSE OF THE, THE FREEWAY AND, AND WHATEVER, AND THE TRAFFIC CONCERNS.

SO I WILL BE IN FAVOR OF THIS AS WELL.

OKAY.

THANK YOU.

ANY OTHER COMMISSIONERS? HEARING NONE.

STAFF, PLEASE TAKE A ROLL CALL.

VOTE MICHELLE.

NO, I DO NOT SUPPORT MR. MAD.

UH, YES, I DO SUPPORT MR. MACHACA.

I DO NOT SUPPORT MS. CRUZ.

YES, I CONCUR.

MR. JIMENEZ.

I DO NOT CONCUR WITH THE FINDINGS OF FACT.

MS. BREGMAN.

I CONCUR WITH THE FINDINGS OF FACT.

MR. DOMER.

I CONCUR.

MS. FISHER? YES, I CONCUR.

MS. YES, I CONCUR.

MR. UNA? YES, I CONCUR AND SHARE ORIAN AND I ALSO CONCUR.

THE VOTE IS EIGHT TO THREE.

THE MOTION HAS FAILED.

UM, MR. MURILLO, PLEASE GET WITH STAFF TO DISCUSS, UH, YOUR OPTIONS AT THIS TIME.

UH, LET'S GO TO THE NEXT CASE, PLEASE.

[3. 21-3260 BOA-21-10300014]

THIS IS BO O A 21, 1 0 3 0 0 0 1 4.

LOCATION IS 24 0 3 MISSION FOREST COUNCIL, DISTRICT SIX.

APPLICANT IS JENNIFER, UH, RODRIGUEZ.

YOUR REQUEST FOR ONE AND NINE FOOT NINE INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT TO BE THREE INCHES AWAY FROM THE FRONT PROPERTY LINE.

AND TWO, A ONE FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT WITH AN EIGHT INCH OVERHANG TO BE THREE FEET, UH, ONE INCH, UH, FROM THE SIDE PROPERTY LINE.

CURRENT ZONING IS R SIX MLD TWO M L R TWO.

SUBJECT

[00:50:01]

PROPERTY IS LOCATED AT 24 0 3.

MISSION FOREST ON THE WEST SIDE OF SAN ANTONIO NEIGHBORHOOD IS PREDOMINANTLY SURROUNDED BY SINGLE-FAMILY RESIDENTIAL PROPERTIES.

APPLICANT IS REQUESTING A VARIANCE TO CROACH THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT AND 10 FEET MINIMUM FRONT SETBACK FOR A DETACHMENT METAL CARPORT.

THE PLATFORM OF THE PROPERTY SHOWS THAT A RIGHT OF WAY OF 50 FEET CURRENT STREET IS 30 FEET.

SO AN ADDITIONAL 10 FEET OF RIGHT OF WAY IS REQUIRED ON EITHER SIDE OF THE STREET.

THEREFORE, THE PROPERTY LINE FOR 24 0 3, UH, STARTS 10 FEET BACK FROM THE STREET CURB.

AND THE FRONT SETBACK REQUIREMENT IS 10 FEET FROM THE THAT POINT.

PURPOSE OF THE CARPORT IS TO PROTECT THE PROPERTY'S OWNER'S VEHICLE AND MANY OTHER LARGE CARPORTS ARE PRESENT IN THE SURROUNDING AREA.

STRUCTURE WAS BUILT, UH, WITHOUT PERMITS CURRENT CODE INVESTIGATION.

NEXT SLIDE.

SITE PLAN OF THE SUBJECT PROPERTY.

NEXT SLIDE.

THIS IS THE SUBJECT PROPERTY.

IT CURRENTLY LINES A FEW INCHES INTO THE RIGHT OF WAY.

THE APPLICANT IS AWARE AND WE'LL HAVE TO CUT IT BACK NO MATTER WHAT THEY DO.

UM, BUT IT CURRENTLY IS ABOUT FOUR OR FIVE INCHES INTO THE RIGHT OF WAY ADJACENT NEIGHBORHOOD.

AS YOU CAN SEE, THERE ARE SEVERAL CARPORTS, UH, IN SIMILAR FASHION.

IS THAT YOUR ENTIRE PRESENTATION? THERE IT GOES.

WELL, SORRY, I WAS GOING THROUGH THE, THE PHOTOS FIRST.

OKAY.

RECOMMENDATION DENIAL WITH AN ALTERNATE RECOMMENDATION OF A FOUR FOOT VARIANCE TO ALLOW A CARPORT TO BE SIX FEET AWAY FROM THE FRONT PROPERTY LINE.

THAT STILL ALLOWS 21 FEET, UH, FROM THE HOME TO THAT EDGE, AND B O A 21 1 0 3 0 0 0 3 4.

BASED ON THE FALLING FINDS OF FACT, THE THREE INCH, UH, FRONT SETBACK PUTS A CARPORT TOO CLOSE TO THE RIGHT OF WAY AND COULD CREATE A TRAFFIC, UM, HAZARD WHILE UTILIZING THE CARPORT.

THE ALTERNATE RECOMMENDATION PROVIDES ADEQUATE SPACE FOR THE CARPORT TO PROVIDE A COVERED SPACE, UH, FOR THE PROPERTY OWNER'S VEHICLE WHILE MAINTAINING THE CHARACTER OF THE SURROUNDING NEIGHBORHOOD.

STAFF DOES RECOMMEND APPROVAL OF THE ONE FOOT 11 INCH VARIANCE TO THE, FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT WITH AN EIGHT INCH OVER HUNTING TO BE THREE FEET ONE INCH FROM THE SIDE PROPERTY LINE BASED ON FALLING FINES OF FACT, THE REQUESTED VARIANCE FOR THE LESSER SIDE SETBACK WILL PROVIDE ADEQUATE SPACE FOR LONG-TERM MAINTENANCE WITHOUT TRESPASSING, AND THE REQUESTED VARIANCE WILL PROVIDE ADEQUATE SPACE TO, UH, PREVENT WATER RUNOFF TO NEIGHBORING PROPERTY.

NEXT SLIDE.

42 NOTICES WERE SENT OUT.

UH, THREE WERE RECEIVED IN FAVOR FROM THE NEIGHBORS, ZERO IN OPPOSITION.

AND THERE'S NO NEIGHBORHOOD ASSOCIATION AND NO RESPONSE FROM THE NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET, WHICH IS THE CROWN MEADOWS WEST TOWN HOME.

NEXT SLIDE.

WE DO HAVE THE APPLICANT ON LINE.

MS. RODRIGUEZ, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.

MY NAME IS JENNIFER RODRIGUEZ.

UM, I LIVE ON, RESIDE ON 24 0 3 MISSION FOREST, AND I JUST WANTED TO SAY THAT THIS WAS PUT THERE PURPOSELY FOR, UM, JUST MY, TO PROTECT MY INVESTMENTS.

WE DO HAVE SHOW VEHICLES AND WE DO HAVE ONE IN THE GARAGE, BUT WE ALSO HAVE THEM IN THE CARPORT.

ONE'S IN THE SHOP.

WE HAVEN'T WANNA BROUGHT IT HOME RIGHT NOW BECAUSE IT'S NOT COMPLETE.

SO, UM, WE'RE JUST TRYING TO PROTECT THE, YOU KNOW, WHAT WE PUT MONEY INTO AND THAT'S WHY WE BUILT THAT CARPORT.

UM, THE WOOD WOULD BE A LITTLE MORE EXPENSIVE, MAYBE LOOK AESTHETICALLY MORE PLEASING, BUT THE METAL WILL HOLD UP LONGER NOT BLOCKING THE SIDEWALK.

IT'S NOT BLOCKING THE STREETS.

I'M NOT ON THE SIDEWALK ANYWHERE.

UM, THAT'S BASICALLY ALL I HAVE.

OKAY.

WE DON'T HAVE ANY PROBLEMS WITH THE NEIGHBORS EITHER ON EACH SIDE ACROSS THE STREET.

UM, I'M NOT SURE ABOUT THE ONES DIAGONAL, BUT I KNOW ACROSS THE STREET AND, UM, MY TWO SIDE NEIGHBORS ARE OKAY WITH IT.

IT HASN'T BLOCKED THE GARBAGE OR THE RECYCLE, UM, CITY PEOPLE FROM COMING OR GETTING ANYTHING.

UM, THANK YOU.

IF YOU HAVE ANY QUESTIONS, JUST LET ME KNOW.

OKAY.

UH, ARE THERE ANY COMMISSIONER QUESTIONS? COMMISSIONER BRAGMAN? UH, THIS IS

[00:55:01]

A QUESTION, UH, I GUESS FOR STAFF AND FOR THE APPLICANT.

I'M, I'M LOOKING AT THE WIDTH OF THE CARPORT, UH, AS OPPOSED TO THE WIDTH OF THE, THE DRIVEWAY.

SO STAFF, UM, IS, AM I CORRECT IN UNDERSTANDING THAT, THAT YOU CANNOT PARK A VEHICLE ON TURF? OH, RIGHT.

THAT IS CORRECT.

THEY WOULD'VE TO PAVE THAT SECTION, UH, THEY WOULD STILL BE WITHIN THE 50%, SO THAT WOULD BE OKAY.

BUT, UM, THEY WOULD'VE TO PAVE IT IF THEY'RE GONNA PARK ON IT, THEY COULD USE PAVER, THEY COULD USE PAVERS OR SOME OTHER FORM OF, UH, UH, PAVEMENT.

OKAY.

AND SO FOR THE APPLICANT, ARE YOU PLANNING ON PARKING ON THAT SECTION, UH, UNDERNEATH THE CARPORT THAT'S NOW TURF? UH, NO, NOT AT THIS TIME.

WE JUST PUT A LITTLE BIT OVER BECAUSE MY HUSBAND DOES WORK ON HIS TRUCKS A LOT RIGHT HERE ON HIS PERSONAL VEHICLES.

AND IT'S JUST TO, TO HAVE A LITTLE OVERHANG OVER FOR WHEN HE WORKS ON IT.

HE DOES MOVE THEM TO THE SIDE AS HE WORKS ON IT, BUT BY THE END OF THE DAY, THEY'RE BACK PARKED IN THE, IN THE DRIVEWAY.

OKAY.

THANK YOU.

ALRIGHT, UH, CHAIR, WE DID HAVE SOME PUBLIC COMMENT TO READ INTO RECORD.

OH, OKAY.

PLEASE, UH, PROCEED.

I'LL JUDGE, I SHOULD'VE ASKED YOU THAT.

OKAY.

UH, NO WORRIES.

SO THE FIRST ONE IS FROM, UH, MARIO, UH, AL PENA AT 2347.

MISSION FOREST IN FAVOR? UH, CARPORT.

LOOKS NICE.

IT DOES NOT BOTHER.

UM, NOBODY.

NEXT ONE.

CHRISTOPHER AND, UH, TIFFANY NICHOLS.

THEY'RE AT 24 7 MISSION FOREST.

THEY'RE IN FAVOR.

IT'S THEIR PROPERTY.

THEY CAN DO WHAT THEY WANT.

NO, H O A LET THE MAN HAVE HIS CARPORT.

NEXT ONE IN FAVOR, UH, FROM CLAUDIA AND, UH, GALINO SANCHEZ 2351.

IN FAVOR, WE HAVE NO PROBLEM OR ISSUE WITH THE CARPORT.

AND THAT CONCLUDES THE PRESENT, THE COMMENT.

OKAY, THANK YOU.

UH, LET'S GO BACK TO COMMISSIONER QUESTIONS.

CRUZ, COMMISSIONER CRUZ, AND THEN FISHER.

OKAY.

UH, FOR STAFF.

ZEKE, I WAS LOOKING AT SOME OF THE OTHER PICTURES YOU SHOWED AND I DON'T SEE ANY OTHER CARPORT LIKE THIS ONE.

ALL OF 'EM LOOKS LIKE THEY'RE ATTACHED TO THE HOMES.

AM I MISSING SOMETHING? THEY ARE ATTACHED, UM, TO THE HOMES IN THE OTHER CASES, BUT THEY ARE SIMILAR IN NATURE AS FAR AS PROXIMITY TO RIGHT AWAY.

AS YOU CAN SEE, THERE'S TWO THERE.

UM, WE NOTICED PROBABLY HALF A DOZEN, IF NOT A LITTLE MORE THAN THAT WHEN WE WERE OUT THERE JUST ON THIS BLOCK.

OKAY.

OKAY.

IS THIS, UH, HOW OLD IS HIS NEIGHBORHOOD? I DON'T REMEMBER.

UH, LET ME GET THAT INFORMATION WHILE WE GO THROUGH, UH, COMMISSIONER QUESTIONS.

I CAN LOOK THAT UP FOR YOU.

OKAY.

THE ONLY REASON I'M ASKING IS BECAUSE IT LOOKS LIKE ALL THESE CARPORTS WERE BUILT AFTER THE HOMES WERE BUILT IS, UH, THEY ALL LOOK LIKE THEY'VE BEEN ADDED ON.

THEY DID LOOK NEWER, UM, UNCLEAR WHEN THEY WERE BUILT.

THE NEIGHBORHOOD IS OLD ENOUGH THAT THEY DON'T HAVE AN H O A FOR SURE.

RIGHT.

BUT YEAH, THE CARPORTS DID LOOK NEWER.

UM, I DON'T KNOW WHAT THE STATUS IS OF THEIR CASES OR IF THEY EVEN HAVE A CASE, BUT, UM, THIS IS THE ONLY ONE THAT WAS BROUGHT TO US.

OKAY.

PROBABLY BECAUSE OF THE, UH, THE WAY IT LOOKS LIKE IT'S IN THE NEIGHBOR'S YARD INSTEAD OF STAYING IN THEIR YARD.

THAT'S JUST THE WAY THE IMAGE LOOKS WHEN WE'RE OUT THERE.

WE MEASURED IT OUT AND WE MEASURED IT AS CLOSE AS WE COULD TO WHAT THE FENCE LINE LOOKED, APPEARED TO BE, AND THERE WAS THREE FEET.

OKAY.

THANK YOU, SIR.

COMMISSIONER FISHER? UH, YES, I, UH, WHEN YOU'RE SCROLLING THROUGH THE PICTURES, IT APPEARED I HAD A QUESTION ABOUT THE LIGHTING, WHETHER THAT WAS A LIGHT OR A, UH, PART OF THE ROOF THAT WAS NOT ATTACHED.

IT APPEARS THAT IT IS, IS LIGHTING, I'M ASSUMING IT'S FLUORESCENT LIGHTING, IS THAT CORRECT? IF THAT'S FOR STAFF? UM, I REALLY DIDN'T FOCUS ON THE LIGHTING, UH, BUT THE APPLICANT I'M SURE COULD ANSWER THAT QUESTION.

I THINK.

COMMISSIONER FISHER, ARE YOU ASKING IS, IS, IS THAT, THAT THAT DOES LOOK LIKE A, A A A, IT COULD BE A LIGHT FROM A DISTANCE, BUT IT, IT, BUT IT LOOK ALSO LOOKS LIKE IT MAY BE OPEN AT THE, AT THE APEX OF THE COVER.

EXACTLY.

YEAH.

SO IS THAT, IS THAT OPEN, UH, ZEKE OR IS THERE SOMETHING THERE? OH, YEAH, IT'S NOT CONNECTED TO THE HOUSE.

THERE'S A, A SMALL SLIVER BETWEEN THE HOUSE AND THE CARPORT ITSELF RIGHT THERE.

NO, I MEAN ON THE, ON

[01:00:01]

THE APEX OF THE CARPORT ROOF? NO, IT, IT'S INCOMPLETE.

OKAY.

IT'S INCOMPLETE.

OH, IT'S INCOMPLETE.

INCOMPLETE.

RIGHT.

I HAD A SECOND QUESTION ABOUT GUTTERS AND, AND WHERE THE, UH, RAIN, ANY TYPE OF RAIN WATER, DOES THAT GO AHEAD AND DRAIN INTO THE NEIGHBOR'S YARD? NO, MA'AM.

THEY HAVE THREE FEET, EXCUSE ME.

UH, WITH, WITH RUNOFF, IT, IT WOULD'VE RUN ON TO THEIR PROPERTY.

OKAY.

THANK YOU.

THANK YOU.

ANY OTHER COMMISSIONERS, MACHACA, COMMISSIONER, MACHACA? UH, I'LL GO ALONG WITH, UH, THAT QUESTION THAT WAS ASKED EARLIER.

WERE THERE ANY OTHER SIMILAR ONES? AND I'M HAVING AN ISSUE WITH THE WORD SIMILAR THAT, UH, STAFF IS USING BECAUSE IN SCANNING THE STREET, I SEE VARIANCE OF OTHER KIND OF CARDBOARDS.

AND THERE'S ONE DOWN ON, UH, 2, 3, 3 8 THAT THE, THE, THE ADDRESSES ON THE CARPORT IS, IT'S NOT AS IMPOSING ON THE PROPERTY LINES AND IT'S NOT AS HIGH AND AS WIDE.

AND I'M NOT SURE WHAT STAFF IS USING SIMILAR BECAUSE IT DOESN'T EVEN MATCH THE ARCHITECTURE OF THE HOUSE STAFF.

SO WHEN WE WERE SAYING SIMILAR, WE WERE SAYING AS FAR AS PROXIMITY TO THE STREET, UM, THINGS OF THAT NATURE SCALE, THEY WERE LARGER SCALE.

UH, THEY DIDN'T EXTEND OUT LIKE THIS ONE DOES BEYOND THE, THE SIDE FACADE.

BUT THE OTHERS WERE PRETTY SIMILAR.

AS YOU CAN SEE FROM THIS IMAGE.

THIS IS FROM THE HOME ITSELF.

UH, THERE APPEAR TO BE TWO IN A DISTANCE THAT ARE SIMILAR.

UH, ON THE OTHER SIDE OF THE STREET, THERE WERE OTHERS AS WELL.

THAT'S THE ONLY REASON WE MENTIONED THAT.

WHETHER THEY RECEIVED PERMITS OR NOT, I DON'T KNOW.

BUT, UM, WE DID LOOK AROUND AT, TO KINDA GET AN IDEA OF, OF THE PHYSICAL CHARACTER OF THE NEIGHBORHOOD AND AS TO THE DATE THEY WERE BUILT, THE NEIGHBORHOOD THAT APPEARS TO HAVE BEEN BUILT EARLY EIGHTIES, THIS HOME SPECIFICALLY IN 1981.

THAT WAS MY NEXT QUESTION.

THANK YOU.

OKAY.

ANY OTHER QUESTIONS? UH, COMMISSIONER, SHE, UM, DIAZ, UH, THIS QUESTION IS FOR STAFF.

HOW WAS THIS, UM, DISCOVERED? DID SOMEONE CALL IN AND REPORT IT OR WAS IT DISCOVERED? UH, FOR SOME, ALONG THE WAY FROM SOME OTHER CALL, IT WAS CODE COMPLIANCE.

UM, THERE WAS A STOP WORK ORDER PLACED AND THE STRUCTURE WAS STOPPED, UH, FROM COMPLETION AT THAT POINT.

OKAY.

SO DID, UM, DID YOU RECEIVE A, UH, A CALL OR DID, UM, OR WAS JUST LIKE CODE COMPLIANCE IN THE AREA? THAT I DON'T KNOW.

UM, UH, ALL I KNOW IS CODE COMPLIANCE, UM, RESPONDED TO THE, THE SITE AND, UH, PLACED A STOP WORK ORDER AND THE APPLICANT CAME IN TO, UH, TO REMEDY THE ISSUE.

THANK YOU.

ALL RIGHT.

ANY OTHER QUESTIONS? OH, NANA, UH, COMMISSIONER ZUNA AND THEN NANA, MY QUESTION IS IN REGARDS TO THE STAFF'S ALTERNATE RECOMMENDATION, HAS THAT BEEN PRESENTED TO THE APPLICANT AND THEIR CONCURRENCE WITH THE ALTERNATIVE RECOMMENDATION? THEY WANTED TO KEEP THE FRONT SETBACK, UH, TO THE THREE INCHES.

UH, THEY ARE AWARE THAT THEY'LL HAVE TO PUT IT, BRING IT BACK EITHER WAY, SINCE IT IS IN THE RIGHT OF WAY, BUT IT WAS PRESENTED, UM, BY THE CASE MANAGER.

OKAY.

GOT IT.

THANK YOU MR. MANNA.

SO, UM, THIS IS JUST, UH, A LITTLE BIT OF DIALOGUE WITH REGARDS TO SOME OF THE QUESTIONS ASKED BY THE OTHER COMMISSIONERS.

UM, DOWN THE STREET AT ADDRESS 2, 4, 3, 1, THERE IS ANOTHER METAL, UM, UM, CARPORT, UH, SAME STYLE, UM, AS THIS ONE.

IT'S NOT NEAR AS HIGH, UH, AS WAS POINTED OUT, NOR NEAR AS WIDE, BUT THERE IS ANOTHER ONE ON THE SAME STREET THAT IS, UH, CORRUGATED METAL, UH, WITH, UH, METAL SIDES.

SO, UM, SO, AND THEN I, I THINK THE OTHER ONES BROUGHT OUT IS A DIFFERENT STYLE OF, UH, BUT ALSO METAL.

SO THERE'S TWO METAL ON THIS STREET, SO, SO NOT A WHOLE LOT THAT ARE SIMILAR, BUT, BUT THERE IS ONE OR TWO, UM, THIS QUESTION'S FOR THE APPLICANT.

AND SO, SO THE QUESTION IS THE YARD, UM, DOES, UM, WHICH WAY DOES IT SLOPE IN THE FRONT YARD? AND SO IF WATER IS POURING OFF YOUR ROOF, IS IT GOING TO BASICALLY PUDDLE THERE IN THE YARD NEXT TO YOU OR IS IT GOING TO NATURALLY FLOW FORWARD? SO BASED UPON THE, YOUR YARD? CAN YOU ASK, CAN YOU ASK THAT ONE MORE TIME? I'M SORRY.

SURE.

SO THE, YOUR FRONT YARD, UM, DOES IT NATURALLY SLOPE TO THE FRONT? UM, YOU KNOW, 'CAUSE THERE'S A CON, THERE'S ALWAYS A CONCERN WHENEVER WE HAVE A ROOF STRUCTURE WHERE WATER WILL POOL AND OR A GATHER ON A NEIGHBOR'S YARD.

AND SO THE QUESTION IS, YOU KNOW, IS YOUR YARD SHAPED SUCH THAT EVERYTHING IN THE FRONT YARD FLOWS INTO THE STREET? OR IS IT GOING TO POOL THERE IN YOUR NEIGHBOR'S YARD? NO, IT GOES INTO THE STREET.

[01:05:01]

OKAY.

THAT WAS MY QUESTION.

OKAY.

THANK YOU.

UH, ANY OTHER QUESTIONS? OH, ZUNA, I JUST, I JUST HAVE A FOLLOW UP AND, UM, THIS IS GONNA BE SHORT.

UH, YOU KNOW, I'M, I'M HARD PRESSED TO BELIEVE THAT THE NEIGHBORHOOD DOES NOT HAVE THE SUBDIVISION, DOESN'T HAVE COVENANT CCNRS.

THAT KIND OF WOULD RESTRICT THE BUILDING MATERIALS.

AND JUST BECAUSE THE, THE BOARD MAY OR MAY NOT APPROVE WHAT IS THERE RIGHT NOW, DOESN'T MEAN THAT THEY OR COULD, THIS COULD BE POTENTIALLY IN VIOLATION OF THE CCN R.

SO I WOULD JUST ASK THE APPLICANT, AND EVEN IF IT'S APPROVED TODAY, TO JUST REVIEW THE CCNRS TO SEE IF THAT'S SOMETHING THAT'S PERMISSIBLE WITHIN THEIR, WITHIN THEIR NEIGHBORHOOD, EVEN IF THEY DON'T HAVE A DEFINED NEIGHBORHOOD ASSOCIATION.

THAT'S MORE OF A COMMENT TO THE APPLICANT THAN ANYTHING.

THANK YOU.

OKAY.

UH, IF THERE'S NO OTHER QUESTIONS I'D LIKE TO ASK, UH, STAFF A, A QUESTION, UH, YOU HAD MENTIONED THAT, THAT THEY WOULD ALREADY HAVE TO MOVE, UH, THIS BACK SLIGHTLY.

WOULD THAT INCLUDE THE, THE, UM, THE COLUMN OR IS THAT JUST AN OVERHANG FROM THE FRONT COLUMN? SO THE COLUMNS HAVE TO BE MOVED? NO.

SO THE COLUMNS, THAT IS CORRECT.

YEAH, THE COLUMNS THEMSELVES, UM, AS YOU CAN SEE, THAT CREASE RIGHT THERE MM-HMM.

, UH, RIGHT IN FRONT OF THE TRUCK, THAT APPEARS TO BE THE PROPERTY LINE.

SO THE PO THE COLUMNS THEMSELVES ARE, ARE THIS SIDE OF, OF THAT LINE.

THEY'RE ONLY OVER ABOUT A FEW INCHES, BUT THAT IS RIGHT AWAY BASED ON WHAT WE WERE ABLE TO SEE.

NOW, THE ONLY WAY THAT IF THE APPLICANT WANTED TO DISPUTE THE PROPERTY LINE, THEY COULD GET A SURVEY.

THAT'D BE THE BEST WAY.

YEAH.

WE'RE WORKING OFF OF THE PLAID.

IT IS USUALLY WHERE THE APRON, UH, JOIN IS.

UH, THE OTHER QUESTION I HAVE IS ON THE SITE PLAN.

ON THE PLOT PLAN SUBMITTED, UH, IN THE, IN THE APPLICATION PACKAGE, UH, THE, THE DIMENSION OF 24 FEET ON A DEPTH OF THE CARPORT IS PROVIDED.

IS THAT, UH, IS IT 24 FEET? UM, INCLUDING HOW MUCH IT'S INTO THE PROPERTY LINE? BECAUSE, UH, WHERE I'M GOING WITH THIS IS, IS THAT THE STATS ALTERNATE RECOMMENDATION, UH, FOR A FOUR FOOT VARIANCE, IF IT IS A TRULY A 24 FOOT MEASUREMENT, WOULD ALLOW FOR A 20 FOOT DISTANCE FROM THE FACE OF THE HOUSE OUT TO THE EDGE OF THE CARPORT, WHICH IS TYPICAL FOR, FOR MOST CAR LENGTHS.

SO IS THAT, IS THAT WHERE YOU CAME UP WITH THE FOUR FEET? THAT IS CORRECT.

WHEN WE LOOKED AT THE, THE OVERALL LENGTH OF THAT CARPORT MM-HMM.

, BY REDUCING IT BY FOUR FEET, YOU STILL HAVE THE 20 FOOT, UH, TO WORK WITH.

OKAY.

THANK YOU.

UH, THERE'S NO OTHER QUESTIONS.

OKAY.

I TAKE THIS TIME TO LET THE, UH, APPLICANT, UH, YOU HAVE UP TO THREE MINUTES TO PROVIDE ANY CLOSING REMARKS BASED ON WHAT YOU HEARD.

IF YOU WOULD LIKE, UM, JUST WANNA SAY, JUST TRYING TO PROTECT MY INVESTMENT.

UM, WE HAD, IT'S BEEN UP ALREADY PROBABLY ABOUT FOUR MONTHS WAITING FOR IT TO BE COMPLETED.

UM, BECAUSE THERE WILL BE A SIDING PHASE TRYING TO MAKE IT FIT TO AESTHETICALLY MATCH THE HOUSE A LITTLE BIT AND NOT STAND OUT.

SO, UM, WE'RE TRYING TO MAKE IT LOOK NICE ALSO, NOT ONLY JUST PUT A, A STILL CARDBOARD THERE.

OKAY.

THANK YOU.

THANK YOU.

UH, WITH THAT, UH, IF THERE'S A COMMISSIONER WHO WOULD LIKE TO, TO MAKE A MOTION ON THIS CASE, UNA COMMISSIONER UNA, UH, I'M GONNA BE READING THE, UH, REQUEST THE ALTERNATE RECOMMENDATION VARIANCE REQUEST REGARDING CASE NUMBER BO A DASH 21 DASH 0 3 0 0 4.

I MOVE AT THE BOARD OF ADJUSTMENT.

GRANT THE REQUEST FOR A FOUR FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT STEPBACK REQUIREMENT TO ALLOW A CARPORT TO BE SIX INCHES AWAY FROM THE FRONT PROPERTY LINE AND A ONE FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT STEPBACK TO ALLOW A CARPORT WITH AN EIGHT INCH OVERHANG TO BE THREE FEET ONE INCH FROM THE SIDE PROPERTY LINE SITUATED AT 24 0 3 MISSION FOREST APPLICANT BEING JENNIFER RODRIGUEZ, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT IS THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.

SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.

THE VARIANCE REQUEST FOR THE FRONT SETBACK, ENCROACHMENT OF THE CARPORT IS CONTRARY TO THE PUBLIC INTEREST.

AS THERE ARE ONLY THREE INCH SPACE BETWEEN THE CARPORT AND THE PROPERTY LINE.

THE ALTERNATE RECOMMENDATION OF THE FOREFOOT VARIANCE WILL KEEP THE CARPORT SIX INCHES AWAY OF SIX FEET AWAY FROM THE FRONT PROPERTY LINE, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST.

THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.

ONE FEET, 11 INCHES ENCROACHMENT INTO THE SIDE SETBACK FOR THE METAL CARPORT IS NOT CONTRARY TO THE PUBLIC INTEREST.

TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.

THE ALTERNATIVE RECOMMENDATION OF A FOUR FOOT VARIANCE WILL PROVIDE SIX FEET OF SPACE BETWEEN THE CARPORT AND THE FRONT PROPERTY PROPERTY LINE, AND WILL NOT CREATE UNNECESSARY HARDSHIP FOR THE PROPERTY OWNER.

UH, ALLOWING THE PROPERTY OWNER TO MAINTAIN A THREE 11 AND SITE SETBACK WILL NOT CREATE UNNECESSARY HARDSHIP.

THE PROPERTY OWNER WILL BE ABLE TO MAINTAIN SPACE AND ALLOW ACCESS ON THEIR SIDE PROPERTY WITHOUT CHANGING THE CURRENT CARPORT WITH

[01:10:01]

AND, AND SITE SETBACK.

THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.

THE ALTERNATE RECOMMENDATION OF A FOUR A FOOT VARIANCE WOULD STILL PROVIDE SOME SPACE BETWEEN THE STRUCTURE AND THE RIGHT OF WAY.

THE SIDE SETBACK REQUIREMENT IS TO ALLOW SPACE AND ACCESS BETWEEN ADJACENT PROPERTIES AND A REDUCED SIDE SETBACK OF THREE FEET.

ONE INCH WOULD, WOULD PROVIDE ENOUGH SPACE FOR THE ACCESS BETWEEN ADJACENT PROPERTIES FOR THE VARIANCE, WOULD NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.

NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL, WILL BE NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.

FIVE SUCH VARIS WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.

THE REQUEST OF A VARIANCE TO ALLOW A THREE INCH FRONT SETBACK WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.

UH, WITH THE ALTERNATE RECOMMENDATION OF SIX FEET FRONT SETBACK.

THE CARPORT WOULD BE 18 FEET DEEP AND CAN ACCOMMODATE PROPERTY OWNER'S VEHICLES WHILE MAINTAINING THE CHARACTER OF THE SURROUNDING NEIGHBORHOOD.

NOW THE BOARD FINDS THAT HAVING A LESSER SIDE SETBACK FOR THE FOR SUB SIDE SETBACK, SUBJECT FOR THE SUBJECT CARPORT, DOES NOT POSE IMMEDIATE RISK TO ADJACENT PROPERTIES ARE AND LEAVE ENOUGH ROOM FOR MAINTENANCE OF THE STRUCTURE.

SIX.

THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOLID IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.

AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OTHER RESULT OF GENERAL CONDITIONS AND THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.

THE BOARD IS UNABLE TO DETERMINE UNIQUE CIRCUMSTANCES EXISTING ON THE SITE TO HAVE A LESSER FRONT SETBACK.

THE ALTERNATE RECOMMENDATION WOULD RESPECT THE INTENT OF THE CODE, BUT BULLARD FINDS THAT THE APPLIES TO THE OWNER IS NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.

END OF MOTION.

SECOND.

SECOND GOES TO COMMISSIONER CRUZ.

COMMISSIONER UNA, PLEASE LEAD THE DISCUSSION.

RIGHT.

SO BEFORE YOU FURTHER, UH, COMMISSIONER ANA REAL QUICKLY, CAN YOU CLARIFY, I WE COULD HAVE SWO YOU, YOU SAID, UH, SOMETHING A LITTLE DIFFERENT THAN THE ALTERNATE.

OKAY.

SO, UH, SO I'M READING VERBATIM.

SO THE, UH, I MOVED AT THE BOARD OF AJ YOU WANT ME TO READ THE, UH, THE GRANT? NO, SIR.

JUST, JUST TO CLARIFY.

SO YOU DID SAY A FOUR FOOT VARIANCE, IS THAT CORRECT? FROM THE FRONT.

THAT'S WHAT, THAT'S WHAT'S WRITTEN.

A FOUR FOOT VARIANCE.

OKAY.

FROM AMENDMENTS 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW.

OKAY, PERFECT.

OKAY.

IT'S SUPPOSED TO BE SIX FEET AWAY RIGHT FROM THE FRONT, NOT SIX INCHES.

YEAH, IT SHOULD BE SIX FEET AWAY FROM THE FRONT PROPERTY LINE, RIGHT? THAT'S, YEAH, THAT'S CORRECT.

THE TEMPLATE HAD INCHES ON THERE.

YEAH, THE MOTION IS WRONG.

IT SAYS, IT SAYS SIX INCHES AND THAT I SHOULD HAVE, I SHOULD'VE CAUGHT THAT.

APOLOGIZE.

OKAY.

OKAY.

SO, UM, I'M SUPPORTING THE MOTION AS THE ALTERNATE RECOMMENDATION, UH, BECAUSE IT DOES COMPLY WITH THE, UH, THE FRONT SETBACK AND DOES PROVIDE SOME MODICUM OF, OF ALTERATION OF THE SITE SETBACK TO ALLOW THE APPLICANT TO KEEP, YOU KNOW, THE, KEEP THE CARPORT WITH THE MODIFICATIONS AND, AND THE INTENT IS TO PROTECT, PROTECT YOUR CARS IN WHICH THE MODIFIED RECOMMENDATIONS WOULD STILL PROVIDE THAT PROTECTION FOR HER CARS.

OKAY.

COMMISSIONER CRUZ? UH, YES, I AGREE WITH, UH, COMMISSIONER UNA.

I THINK EVEN WITH THE, UH, UH, ALTERNATE RECOMMENDATION, IT WOULD STILL LOOK, UH, VERY PLEASING TO THE OWNER AND I THINK THE NEIGHBORS WOULD REALLY APPRECIATE THAT ALSO.

THANK YOU.

THANK YOU.

UH, ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? ALL RIGHT, STAFF.

UH, PLEASE TAKE THE ROLL CALL THOUGH.

MICHELLE, I CONCUR WITH THE FINDINGS OF FACT.

MR. BATTLE.

I CONCUR.

MR. MANCHACA.

I CONCUR WITH AN RECOMMENDATION.

MR. CRUZ? YES, I CONCUR.

MR. ROMANA.

I CONCUR WITH THE FINDINGS OF FACT.

MS. P I CONCUR WITH THE FINDINGS OF FACT.

MR. DOMER.

I CONCUR.

MS. FISHER? YES, I CONCUR.

MS. VINNO? YES, I CONCUR.

MR. UNA? YES, I CONCUR.

AND CHAIR ORIAN.

I ALSO CONCUR WITH THE FINDINGS OF FACT.

UH, MOTION PASSES UNANIMOUSLY.

UH, LET'S MOVE ON TO THE NEXT CASE, PLEASE.

FOURTH

[4. 21-3264 BOA-21-10300035]

AND FINAL CASE, BO OA 2 1 1 0 3 0 0 0 3 5.

LOCATION IS 3 0 5 GRANITE STREET COUNCIL DISTRICT FIVE APPLICANT IS JENNY HERNANDEZ.

IT'S A REQUEST FOR A 1,340 SQUARE FOOT VARIANCE TO THE R FOUR, MINIMUM 4,000 SQUARE FOOT LOT SIZE REQUIREMENT TO ALLOW THE CONSTRUCTION OF A SINGLE FAMILY DWELLING.

CURRENT ZONING IS R FOUR.

SUBJECT PROPERTY IS LOCATED AT GRANITE STREET NEAR THE INTERSECTION OF SOUTH COLORADO STREET AS PART OF THE WEST SIDE NEIGHBORHOOD.

AND

[01:15:01]

NEARLY ABOUT IN THE YELLOW SUN CREEK PROPERTY IS 2,660 SQUARE FEET.

AND THE APPLICANT IS REQUESTING THE LOT SIZE VARIANCE TO THE, TO THE REQUIRED 4,000 SQUARE FEET AS STATED IN TABLE THREE 10 OF THE U D C.

THE LOT IS CURRENTLY VACANT AND THE APPLICANT IS PLANNING ON BUILDING A 1,440 SQUARE FOOT SINGLE FAMILY HOME WITH A CARPORT AND BALCONY.

THIS, THE PROPERTY IS OUTSIDE OF THE FLOODPLAIN.

HERE'S A COPY OF THE SITE PLAN.

NEXT IMAGES, SUBJECT PROPERTY AND SURROUNDING AREA.

YOU HAVE THE SCHOOL ON ONE SIDE AS WELL.

STAFF RECOMMENDS APPROVAL OF BO O A 21 1 0 3 0 0 0 3 5 BASED ON THE FOLLOWING FINDINGS OF FACT, THE INTENDED DEVELOPMENT WOULD PROVIDE ADDITIONAL HOUSING IN THE GUADALUPE WESTSIDE NEIGHBORHOOD AND THE REQUESTED VARIANCES WILL NOT CONTRACT FROM THE CHARACTER OF THE DISTRICT.

NEXT SLIDE.

UH, 21.

NOTICES WERE SENT OUT, ONE WAS RECEIVED IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE HISTORIC WEST SIDE RESIDENCE ASSOCIATION.

NEXT SLIDE.

WOULD YOU HAVE THE APPLICANT, UH, JENNY HAS DONE THIS IN THE LINE.

MS. EZ, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.

YES.

HI, MY NAME IS JENNY HERNANDEZ AND I LIVE AT 1125 VIRGINIA BOULEVARD, SAN ANTONIO, TEXAS 7 8 2 0 3.

AND I'M REQUESTING, UH, APPROVAL TO BUILD A SINGLE FAMILY HOME AT THE ADDRESS OF 3 0 5 BRENDA STREET.

AND, UM, THE LOT IS CURRENTLY ZONED R FOUR AND THE REASON THAT WE'RE NEEDING APPROVAL IS BECAUSE, UH, THE LOT IS ONLY 2,660 SQUARE FEET.

OKAY.

UM, ANY COMMISSIONER, ANY, UH, PUBLIC INPUT TO READ INTO THE RECORD? JUST ONE.

UH, OKAY.

FROM SEBASTIAN AND CARMEN GUERRERO AT THREE 11 GRANITE, THEY'RE IN FAVOR.

WE DO NOT OPPOSE THE VARIANCE.

OKAY.

OKAY.

ARE THERE ANY COMMISSIONER QUESTIONS? UH, NONE.

UH, I, I JUST HAVE A QUESTION.

IS THIS, IS, DID THIS COME ABOUT BECAUSE THE APPLICANT APPLIED FOR A C O D? THAT'S CORRECT.

OKAY.

YEAH, TO GET THE C O D ITSELF, YOU HAVE TO MEET THE MINIMUM LOT SIZE FOR THE ZONING DISTRICT.

UM, AND UNFORTUNATELY, THESE LOTS ARE PRETTY SMALL.

RIGHT, RIGHT.

ALL RIGHT.

UM, IT'S, I, I JUST, WE SEEM TO BE HEARING THAT A LOT AND IT JUST SEEMS LIKE IF THE CITY'S GONNA HAVE AN EXCEPTION FOR THIS STUFF, IT JUST SEEMS ODD TO MAKE EVERYBODY COME HERE ALL THE TIME.

ALRIGHT.

UM, MINKA, COMMISSIONER MENCHACA, IT'S JUST QUESTION OF CURIOSITY.

I'VE, UH, RARELY SEEN A LOT THAT GOES FROM ONE STREET TO THE NEXT AND THE REAR IS OPEN.

WHAT HAPPENS IN SUCH A CASE TO STAFF? I APOLOGIZE, SIR.

CAN YOU REPEAT THE QUESTION? YES.

I RARELY SEE A LOT THAT GOES FROM ONE STREET IN TO THE OTHER ONE.

IT'S OPEN ON BOTH ENDS.

UH, WHAT HAPPENS ON THE OTHER END? DOES IT GET, I, IS THERE A RES UH, SOME SORT OF ORDINANCE OR SOMETHING THAT YOU HAVE TO CLOSE THE BACK END OF THE HOUSE? UH, THE BACK END OF THE LOT? PARDON ME? JUST CURIOUS ABOUT THAT.

OH, I SEE THAT DIRT ROAD.

YES.

WHEN YOU LOOK AT IT FROM THE OTHER SIDE, IT'S OPEN TO DRIVE IN ALSO THAT WAY.

AND I SAID, WHAT IS THIS? THAT I AM NOT SURE.

IT LOOKS LIKE PROBABLY JUST USING IT ON THE SITE PLAN.

IT, IT, IT, IT USED TO BE A STREET CALLED SMITH STREET, BUT THE COSA DEEDED IT TO, UH, TO SOMEBODY.

OH.

SO IT LOOKS LIKE IT AT ONE TIME IT WAS, BUT IT, IT, IT WAS DEEDED OVER.

ALRIGHT.

OKAY.

NEVER SEEN THAT.

THANK YOU.

THANK YOU.

UH, ANY OTHER COMMISSIONER QUESTIONS? I HEARING? NONE.

UH, SO IF FOR THE APPLICANT, IF YOU WANT TO, YOU CAN TAKE THIS OPPORTUNITY TO PROVIDE ANY CLOSING REMARKS IF YOU WISH, BEFORE A MOTION IS ENTERTAINED.

YOU HAVE THREE MINUTES.

UH, NO.

I DON'T HAVE ANYTHING.

THANK YOU.

THANK YOU.

UH, WELL, UH, ANY COMMISSIONER LIKE TO MAKE A MOTION ON THIS CASE? BRUCE BRAMAN, COMMISSIONER CRUZ REGARDING CASE NUMBER B O A 21 1 0 3 0 0 0 3 5.

I MOVED THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR A REQUEST FOR A 1,340 SQUARE FOOT VARIANCE TO THE R FOUR MINIMUM 4,000 SQUARE FOOT LOT SIZE REQUIREMENT TO ALLOW THE CONSTRUCTION OF A SINGLE FAMILY DWELLING SITUATED AT 3 0 5 GRANITE STREET, APPLICANT BEING JENNY HERNANDEZ.

BECAUSE THE TESTIMONY PRESENTED TO US

[01:20:01]

AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C S AMENDED WOULD RESULT IN A NECESSARY 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 IN THIS CASE, GIVEN THE LACK, CONS, CONSTRAINTS, GRANTING THE VARIANCES STILL PROVIDE ADEQUATE ACCESSIBILITY TO LIGHT, AIR AND OPEN SPACE.

THE NEIGHBORHOOD IS PREDOMINANTLY SURROUNDED BY SINGLE FAMILY RESIDENTIAL WITH LANIER HIGH SCHOOL.

A NEW RESIDENTIAL DWELLING WILL ADD TO THE WELLBEING OF THE SURROUNDING COMMUNITY TO DUE TO THE SPECIAL CONDITIONS.

A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.

A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.

IN THE ABSENCE OF VARIANCES, THE INTENDED REDEVELOPMENT WILL NOT BE POSSIBLE.

THE LOT SQUARE FOOTAGE IS BELOW THE MINIMUM CODE REQUIREMENT.

SO ANY DEVELOPMENT ON THE LAB WILL REQUIRE VARIANCES, EXCUSE ME, WITH 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.

APPROVING THE REQUESTED VARIANCES WILL NOT DETRACT FROM THE INTENT OF THE ORDINANCE TO PROVIDE SAFETY, BEAUTY, AND QUALITY OF LIFE IN THE NEIGHBORHOOD.

ALL INTENTS OF THIS LAW WILL BE OBSERVED FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZING THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.

THE REQUESTED VARIANCES WILL NOT PERMIT A USE NOT AUTHORIZED WITHIN THE DISTRICT.

IT IS LOCATED IN FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT, ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.

THE REQUESTED VARIANCES TO REDUCE THE LOT SIZE WOULD NOT SUBSTANTIALLY INJURE OR ALTER THE USE OR CHARACTER OF ADJACENT CONFORMING PROPERTY OR CHARACTER OF THE DISTRICT.

THERE ARE VARIOUS SUB STANDARD SIZE LOTS ON THE BLOCK AND SURROUNDING NEIGHBORHOOD.

THE VARIANCES WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE VICINITY.

SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES 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 NEW, ARE NOT DUE TO, OR THE RESULTS OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.

SUPPLY RE RESULTED FROM THE EXCEPTIONAL CHARACTER OF THE PROPERTY, WHICH IS ITS SIZE AND BEING USED AS A NEGLECTED RESIDENTIAL OF RESIDENCE.

ABUTTING LOTS ARE IN THE 100 YEAR FLOODPLAIN AND AS CONFIGURED, CANNOT BE UTILIZED WITHOUT A LOT SIZE, VARIANCE AND A MOTION.

SECOND, UH, WE HAVE A MOTION AND A SECOND, UH, BY COMMISSIONER BRAGMAN.

UH, COMMISSIONER, COMMISSIONER CRUZ, PLEASE, UH, LEAD THE DISCUSSION.

UH, YES, SIR.

UM, I AGREE WITH THIS, UH, REQUEST.

I THINK THE, UH, PROPERTY WOULD BE GREAT.

AND OF COURSE IN THAT NEIGHBORHOOD, IT A SHERWOOD IMPROVED THE NEIGHBORHOOD QUITE A BIT.

THANK YOU.

COMMISSIONER BRAGMAN? UH, YES, I'M GONNA BE IN SUPPORT OF THE MOTION AS WELL.

UH, I THINK WE ALL KNOW THAT SAN ANTONIO IS FACING A HOUSING CRISIS.

AND SO ANY PLACE THAT WE CAN MAKE A LOGICAL EXCEPTION, UH, TO ALLOW MORE HOUSING STOCK SHOULD BE SUPPORTED.

SO AGAIN, I'LL BE SUPPORTING THIS MOTION.

ALL RIGHT.

UH, ARE THERE ANY OTHER COMMISSIONERS WHO WOULD LIKE TO ADD, UH, HEARING NONE? UH, I, I, UH, WOULD LIKE STAFF TO TAKE A ROLL CALL.

VOTE.

MICHELLE.

I CONCUR WITH THE FINDINGS OF FACT.

MR. BATTLE.

I CONCUR.

MR. MANCHACA.

I CONCUR.

MS. CRUZ.

MS. CRUZ, I'LL COME BACK TO YOU.

MRNA.

I CONCUR WITH THE FINDINGS OF FACT.

MS. BREGMAN.

I CONCUR WITH THE FINDINGS OF FACT.

MR. DELMER.

I CONCUR.

MS. FISHER.

I CONCUR.

MS. YES, I CONCUR.

MS. CRUZ.

MS. TRAVIS, AGAIN, I I CONCUR.

MR. OZUNA.

I CONCUR.

AND CHAIR ORIAN.

I ALSO CONCUR WITH THE FINDINGS OF FACT.

MOTION PASSES UNANIMOUSLY.

CONGRATULATIONS.

UM,

[5. 21-3256 Consideration and approval of the April 19, 2021 Board of Adjustment meeting minutes]

NEXT ITEM ON THE AGENDA IS THE MINUTES.

AND, UM, STAFF, THE, THE ONLY COMMENT, UM, I'D JUST LIKE TO POINT OUT,

[01:25:01]

DID YOU REALLY LOOK AT HOW PEOPLE CAME IN AND OUT? 'CAUSE I KNOW IT WAS A, IT WAS A LITTLE ODD THERE AT THE BEGINNING.

UH, 'CAUSE YOU'RE SHOWING AT THE, AT THE CALL TO ORDER DURING THE ROLL CALL THAT, THAT THE COMMISSIONER LOVE WAS PRESENT.

BUT I THOUGHT HE JOINED LATER FOR SOME REASON.

HE DID JOIN LATER FOR THE FIRST ITEM.

UM, AND THEN HE DROPPED OFF IMMEDIATELY AT, AT SOME POINT.

OKAY.

I, I JUST SEE THE, I SEE THE ITEM WHERE HE WAS ADDED, BUT I DIDN'T THINK HE WAS PRESENT FOR THE ROLL CALL.

THAT'S ALL.

OKAY.

I CAN TWEAK THAT IF YOU, IF YOU'D LIKE.

UM, HE WAS PRESENT FOR THE FIRST ITEM, BUT, UM, WE CAN DEFINITELY WORK.

ACTUALLY NO, HE WAS PRESENT FOR WE MINUTES REFLECTED WHEN HE WAS NO LONGER THERE.

OKAY.

YEAH.

ALRIGHT, WE'LL WE'LL ADD THAT IN THERE.

UH, WHEN HE JOINED THE CALL.

OKAY.

JUST, UH, WANTED TO MAKE SURE, 'CAUSE I KNOW THAT THAT MEETING HAD SOME BOUNCING AROUND, SO.

OKAY.

UM, ANY OTHER COMMISSIONERS HAVE ANY, UH, REMARKS OR COMMENTS ON THE MINUTES? NOPE.

NO HEARING NONE.

UH, ALRIGHT.

SO IF, UH, IS THERE A MOTION ON THE MINUTES AS AS, UH, TO BE AMENDED? MANNA? I MOVE.

WE APPROVE THE MINUTES.

APPROVE.

GO AHEAD.

GO AHEAD.

MR. GO AHEAD.

COMMISSIONER CRUZ.

I MOVE THAT WE APPROVE THE MINUTES AS AMENDED.

OKAY.

COMMISSIONER, IS THERE A SECOND? I SECOND IT.

OKAY.

UM, MAY I PLEASE TAKE A ROLL CALL? VOTE MICHELLE.

YES, I CONCUR.

MR. BE? YES, I CONCUR.

MR. MENCHACA? I CONCUR.

MR. CRUZ? YES, I CONCUR.

MR. JIM.

I CONCUR.

MS. BREGMAN? I CONCUR.

MR. DELMER? I CONCUR.

MS. FISHER? YES, I CONCUR.

MS. DEVIN? UH, I'M ABSTAINING.

I WASN'T PRESENT.

MR. UNA? YES, I CONCUR.

AND SURE.

ORION.

UH, I ALSO CONCUR.

UH, MOTION PASSES.

GREAT.

WELL, I BELIEVE THAT'S IT.

UH, IS THERE ANY, UH,

[Additional Item]

ANNOUNCEMENTS OR ANYTHING YOU NEED TO POINT OUT OR BRING UP STAFF? NO, NOTHING.

UH, SEVEN CASES FOR THE NEXT AGENDA.

HEY, DONALD, DO I NEED TO ABSTAIN SINCE I WAS NOT AT THE MEETING LAST WEEK OR TWO WEEKS AGO? UH, AS FAR AS THE MINUTES, YEAH.

UH, I MEAN, YOU CAN, UH, YOU KNOW, IN THEORY YOU CAN VOTE ON IT IF, IF YOU WANT TO.

I MEAN, YOU THEORETICALLY COULD WATCH IT ON VIDEO.

I JUST DIDN'T, I DIDN'T KNOW IF I WAS REQUIRED TO, UH, ABSTAIN.

OKAY, THANKS.

THANK YOU.

MANNA.

YES.

COMMISSIONER MANNA.

SO THIS QUESTION'S FOR CITY.

SO, SO, UM, WE HAD TWO CASES TODAY.

UM, THAT, UM, ONE WAS, UH, WITH REGARDS TO THE CARPORT THAT WAS, UM, IN THE RIGHT OF WAY.

AND, UM, AND DRIVING DOWN THE SAME STREET, THERE IS ANOTHER HOME THAT HAS A CARPORT THAT'S METAL THAT'S ALSO WAY FURTHER IN THE RIGHT OF WAY.

AND SO THE, UM, SO THAT'S ONE EXAMPLE.

AND THE SECOND EXAMPLE IS THE CASE THAT WE READ WITH REGARDS TO THE DRIVEWAY FOR THE, FOR THE, UH, UM, AIRBNB REQUEST.

AND SO, SO WHEN STAFF GOES OUT AND THEY DO A DRIVE BY OR THERE'S A, OR A CODE VIOLATION, DOES THE, DOES THE GROUP THAT'S GOING DOING THAT LOOK THROUGH THE REST OF THE COMMUNITY TO SEE IF, YOU KNOW, WHEN THEY'RE EVALUATING THE CONSISTENCY? IF THERE'S ANY OTHER VIOLATIONS THAT NEED TO BE REPORTED? IF IT STANDS OUT, WE'LL BRING IT UP TO CODE IF IT'S A MAJOR ISSUE.

BUT ULTIMATELY WHEN WE'RE ON THE FIELD, THERE'S SO MANY THAT WE'D BE THERE ALL DAY.

SO WE FOCUS ON THE SUBJECT PROPERTY ITSELF.

UH, IF THE SUBJECT PROPERTY ITSELF HAS SOME CODE ISSUES, WE'LL BRING IT UP TO THE APPLICANT AND, UH, TYPICALLY TRY TO BRING THAT TO THE BOARD IF IT'S A VARIANCE THAT, THAT WE CAN HEAR.

SO HOW DO WE EDUCATE THE COMMUNITY ABOUT, WE'LL SAY, YOU KNOW, THESE CHALLENGES THAT WE SEE REGULARLY BECAUSE IT SEEMS THAT, YOU KNOW, WE'RE, WE'RE IN A CONSTANT CONCEPT BEHIND, UH, YOU KNOW, BEHIND THE FACTOR OR AFTER THE FACT.

AND SO, SO WHAT ARE OUR OPPORTUNITIES TO IMPROVE THAT? SO WE AREN'T ALWAYS, YOU KNOW, CATCHING UP.

SO IN THIS CASE, FOR THIS BLOCK, IT'S HARD TO SAY IF CODE COMPLIANCE HAS, HAS BEEN UP AND DOWN THAT BLOCK, WE CAN DISCUSS IT WITH THE CODE SUPERVISORS TO SEE IF, IF THEY'VE, UM, ADDRESSED IT WITH OTHER, UH, PROPERTIES AS WELL.

TYPICALLY, THAT IS THE CASE.

IF THEY'RE ON THE BLOCK, THEY'RE GOING TO TRY TO ADDRESS ANY OTHER ISSUES THAT THEY SEE IF THEY STAND OUT.

BUT WE CAN DEFINITELY BRING IT UP TO THE, UH, CODE SUPERVISORS, UH, SPECIFICALLY THIS NEIGHBORHOOD, YOU KNOW, 'CAUSE WHILE IT'S SITTING HERE AND WE'RE GOING TO DIALOGUE, AND I THINK SEVERAL

[01:30:01]

OTHER MEMBERS DO AS WELL, IS THAT, YOU KNOW, I TAKE A QUICK DRIVE ON GOOGLE STREET UP UP THE STREET AND UP TO, YOU KNOW, UNTIL I GET TIRED OF CLICKING AND THEN TURN AROUND AND GO BACK THE OTHER DIRECTION.

AND SO I WOULD, YOU KNOW, HOPE THAT WHEN IT IS THAT YOU, YOU KNOW, YOUR TEAM AND OR CODE COMPLIANCE GOING OUT, THEY'RE DOING THE SAME THING.

YOU KNOW, AND TAKING, WE'LL SAY THAT, YOU KNOW, WE'LL SAY A LONG BLOCK RUN RATHER THAN JUST A SHORT BLOCK RUN.

UM, BUT, UH, ANYWAYS.

OKAY.

I I HAD A QUESTION, UH, STAFF.

SOME MONTHS AGO WE WERE TALKING ABOUT SOME POTENTIAL TRAINING THAT COULD BE OCCURRING AND WE, WE FIELDED SOME, UH, COMMISSIONER, UH, INPUT, WHICH WAS FORWARDED TO Y'ALL.

HAVE Y'ALL SET A TARGET DATE TO PERHAPS, UH, TO, TO DO LIKE A SMALL WORKSHOP, UH, BASED ON SOME OF THOSE REQUESTS? YES.

UM, I, I REMEMBER WE HAD TALKED ABOUT IT.

UH, THEN WE HAD, OF COURSE THE FREEZE THAT HAPPENED AND WE HAD THE QUEUE OF CASES THAT WE NEEDED TO GET THROUGH.

SO WE DIDN'T WANNA, UH, SCHEDULE ANY ADDITIONAL WORK SESSIONS TO MAKE FOR A LONGER DAY.

UM, WE ANTICIPATE DOING AN ORIENTATION COMING UP WITH THE NEW, UH, BOARD MEMBERS THAT WOULD BE CONSIDERED HOPEFULLY BY, UH, JUNE OR BEFORE, UH, THE SUMMER BREAK BECAUSE OF THE NEW COUNCIL.

UM, AND WHAT WE'LL DO IS WE'LL COORDINATE THE, OR, UH, THE ORIENTATION ALONG WITH, UH, THE TRAINING, UH, OPPORTUNITIES THAT WERE FORWARDED TO, TO US BY YOU AND THE REST OF THE BOARD.

AND THEN COME UP WITH THAT, THAT SCHEDULE IF WE NEED TO, UH, SPLIT IT UP TO SEVERAL WORK SESSIONS.

AGAIN, WE DON'T, WE DON'T WANNA OVERLOAD THE, THE BOARD TO HAVE CONSISTENT MEETINGS THAT START AT 10 30.

WE'LL JUST KIND OF SPREAD IT OUT.

OKAY.

AND THEN WITH, UH, WITH, UH, AT LEAST, UH, WITH A HANDFUL OF, UH, COUNCIL RACES, I KNOW AT LEAST ONE THAT'S, THAT IS IN, UH, WILL BE TO A RUNOFF.

I THINK THERE'S A FEW, UH, WHERE DOES THAT PUT US FOR POTENTIALLY GETTING, UH, ALL OUR ALTERNATES? ARE WE LOOKING AT SEPTEMBER BEFORE THAT ACTUALLY HAPPENED? WELL, NO, THAT'S WHAT I WAS JUST MENTIONING EARLIER.

SO WE HOPE TO GET TO COUNCIL WITH ALTERNATE APPOINTMENTS BY END OF JUNE.

OKAY.

UM, THERE ARE FIVE RUNOFFS, SO THOSE WILL GET DECIDED BY EARLY JUNE.

BUT AGAIN, OUR HOPE IS THAT, UH, GOVERNANCE CONSIDERS THE ALTERNATE APPOINTMENTS IN JUNE, SO COUNCIL CAN CONSIDER THEM AND THEN WE'LL HAVE ALTERNATES IN PLACE.

OKAY.

AND THEN, OF COURSE, AS YOU KNOW, UM, BECAUSE THE, BE O A REGULAR, UH, APPOINT THE REGULAR MEMBERS, UH, TERMS END THE SAME TIME AS COUNCIL, WE'LL START SEEING THOSE REAPPOINTMENTS AND OR NEW APPOINTMENTS TRICKLING IN, UH, WITH ONCE THE NEW COUNCIL MEMBERS ARE IN PLACE.

OKAY.

WELL, THANK YOU VERY MUCH.

UH, WELL, TODAY WAS A VERY SHORT MEETING.

IF THERE'S NOTHING ELSE, UH, COMMISSIONER MANNA, BUT I WANNA THANK, UH, COMMISSIONER MANNA FOR BRINGING THAT ISSUE UP ABOUT SEEING, UH, MULTIPLE, UH, CARPORT JUST BEING ERECTED AND BECOMING MORE OF AN ISSUE.

AND I THANK ZEKE ALSO FOR ADDRESSING THAT.

BUT THERE ARE SOLUTIONS TO THAT, UH, IN TERMS OF INFORMATION THAT WE COULD, UH, DISTRIBUTE.

AND THAT'S SOMETHING THAT SUGGESTED THAT I SUBMITTED ALSO TO MY DISTRICT COUNCIL PERSON.

AND I HOPE THAT GETS, UH, CONSIDERED IN TERMS OF PUTTING OUT A FLYER LIKE WE DO FOR BRUSH PICKUP AND OTHER THINGS THAT COULD BE GIVEN TO ALL HOMEOWNERS AND SORT OF REDUCE OR CONTROL SOME OF THESE, UH, UNINFORMED, UH, PROJECTS.

SO I JUST WANNA SUBMIT THAT.

THANK YOU.

ALRIGHT, THANK YOU.

WELL, WITH THAT COMMISSIONER , SORRY, I KNOW WHERE YOU ALL WANNA GO.

SO, SO I AGREE WITH, UH, MR. MINKA THERE AND, AND YOU KNOW, I WAS TRYING TO FIGURE OUT WHEN I WAS ASKING THAT QUESTION, YOU KNOW, WHAT LITERATURE, WHAT, WHAT IS IT THAT WE CURRENTLY SEND TO ALL OUR RESIDENTS ON A RECURRING BASIS? AN EXAMPLE WOULD BE LIKE THE C P S BILL AND SO TO HAVE, UH, OR THE WATER BILL SO YOU COULD ACTUALLY ADD SOME INFORMATION BACK THERE WITH REGARDS TO EDUCATING THE COMMUNITY.

SO THAT'S SOMETHING THAT THEY SEE ON A RECURRING BASIS.

AND SO SOMETHING FOR THE CITY TO THINK ABOUT.

UM, ALRIGHT, I WANTED TO THANK THE CITY OR THE STAFF TODAY BECAUSE, UH, YOU SHOWED ON THE ONE STOP MAP, THE SHORT TERM RENTALS WAS A FILTER, UH, OR A LAYER THAT YOU CAN PULL UP.

AND SO I'VE NEVER RESOLVED HOW YOU COULD LOOK AT THAT AHEAD OF TIME.

YEAH.

AND SO, UH, BY BRINGING UP, UM, THE ONE STOP DEVELOPMENT, SHORT-TERM RENTAL LINK, YOU CAN SEE ALL THE RENTALS AROUND THE AREA.

AND I NEVER KNEW THAT UNTIL JUST NOW.

SO THANK YOU.

THANK YOU, THANK YOU.

OKAY.

SO WITH THAT , WE'RE GONNA, I'M CALLING FOR AN ADJOURNMENT.

SO LET'S, UH, LET'S, UH, THANK YOU EVERYBODY AND THIS MEETING'S HERE BY ADJOURN.

THANK YOU.

THANK YOU.

THANK YOU.

HAVE A GOOD, THANK YOU.