[00:00:04]
GOOD AFTERNOON, LADIES AND GENTLEMEN.
MY NAME IS DONALD ORIAN AND I AM THE CHAIRMAN OF THE BOARD OF ADJUSTMENT OF THE CITY OF SAN ANTONIO.
[Call to Order]
I HEREBY CALL THIS REGULARLY NOTICED MEETING OF THE CITY OF SAN ANTONIO, BOARD OF ADJUSTMENT INTO SESSION.UH, CAN WE HAVE OUR INTERPRETERS? PLEASE READ THE INTERPRETATION SERVICES, UH, AVAILABLE FOR THE MEETING.
STAFF, PLEASE CONDUCT THE ROLL CALL.
MS. CRUZ? MS. CRUZ GOT A THUMBS UP, MA'AM? AND I, I'LL TAKE THAT AS WELL.
MR. MENA? PRESENT MS. BREGMAN.
MS. BREGMAN, CAN YOU HEAR US? IT SOUNDS LIKE YOUR AUDIO IS OUT.
MR. OZUNA PRESENT CHAIR ORIAN AND I AM ALSO PRESENT.
UH, BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION.
THE BOARD IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US FROM 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 THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM THE DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 35 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE AN ADVISORY IN APPELLATE CAPACITY SERVICES REGARDING REQUEST FOR VARIANCES FROM REGULATIONS 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.
EACH 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 PROVES AND GRANTING THE RELEASE SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUESTED RELEASE CAN LEGALLY BE GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FROM THE ADMINISTRATIVE OFFICIALS.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS.
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, PLEASE PROCEED TO PROTECT THE HEALTH OF THE PUBLIC AND LIMIT THE POTENTIAL SPREAD OF COVID 19.
THE BOARD OF ADJUSTMENT IS HOLDING MEETINGS VIA VIDEO CONFERENCE.
THESE MEETING STANDARDS ARE BASED UPON THE VARIOUS SUSPENDED PROVISIONS OF THE OPEN MEETINGS ACT ISSUED BY THE TEXAS GOVERNOR.
RESPONSE TO THE COVID-19 CRISIS AND OR IN PLACE UNTIL FURTHER NOTICE.
MEMBERS OF THE PUBLIC CAN WATCH AND LISTEN TO THE MEETING BY VISITING SAN ANTONIO.GOV/DSD OR BY CALLING IN FOR AUDIO ONLY AT 2 1 0 2 0 6 5 4 8 3.
TO INCORPORATE PUBLIC COMMENT, THERE ARE FOUR OPPORTUNITIES.
THESE INCLUDE EMAIL OR MAIL OF COMMENTS, DROPPING OFF COMMENTS, LEAVING VOICEMAIL, OR ASKING TO BE CALLED DURING THE MEETING.
STATEMENTS OF COMMENTS WILL BE GET LIMITED TO TWO MINUTES.
UH, FOLLOWING THE PRESENTATION OF 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 TO RECEIVE A CALLBACK, WE'LL CALL THEM TO STATE THEIR TOO MANY 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.
[1. 21-3617 BOA-21-10300042]
SO WE'RE GONNA BEGIN[00:05:01]
WITH, UH, ITEM NUMBER ONE, WHICH I UNDERSTAND THERE'S A REQUEST, UH, FOR A CONTINUANCE.CAN YOU PLEASE, UH, READ INTO THE RECORD THE, UH, THE MEETING AND, AND LET'S MOVE ON TO THE APPLICANT FOR HIS, UH, STATEMENT.
DID, DID YOU WANT ME TO READ THE, THE ENTIRE, UH, THAT, THE PRESENTATION ITSELF OR JUST THE BEGINNING? NO, JUST THE BEGINNING.
SO THE ADDRESS IS 28 31 NORTHWEST FOUR 10 COUNCIL DISTRICT ONE APPLICANT IS JOSE FONG.
IT'S AN APPEAL TO THE LAND DEVELOPMENT, UH, DECISION, THE DENIAL FOR NONCONFORMING USE FOR LIVE ENTERTAINMENT WITHOUT COVER CHARGE THREE OR MORE DAYS PER WEEK.
ZOIA, C THREE A H O D, WE DO HAVE THE APPLICANT REPRESENTATIVE, MR. CHRISTOPHER STRONG.
SIR, WHEN YOU'RE READY, UH, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND IF YOU ARE IN FACT GOING TO CON, UH, REQUEST A CONTINUOUS, UH, PLEASE STATE.
UM, I'M LOCATED IN MY OFFICE IN 10 AT 10,001 REUNION PLACE, SAN ANTONIO, TEXAS, 7 8 2 1 6.
UM, I'M HERE ON BEHALF OF JOSE FONG.
UM, WE ARE REQUESTING A CONTINUANCE IN THIS MATTER.
UM, THE CLIENT HAS AN ISSUE WITH, UH, HIS MOTHER BEING ILL AND IS A CARETAKER FOR HIS MOTHER AND CANNOT BE HERE.
I WAS RETAINED LAST FRIDAY ON THIS MATTER.
UM, AND WE ARE SEEKING A CONTINUANCE UNTIL JUNE THE SEVENTH ON THIS MATTER.
UM, THERE'S ALSO A PROSPECTIVE TENANT WHO MAY ALSO WANNA BE HEARD, UM, AND IS NOT HERE TODAY.
IS JUNE 7TH ACCEPTABLE? UH, YES, SIR, IT IS.
THAT WOULD BE THE LAST SHEET THAT WE CAN ACTUALLY HAVE THIS ONE, UH, DUE TO STATE LAW IN 60 DAYS.
UH, SO WITH THAT IN MIND, UH, WOULD A COMMISSIONER LIKE TO MAKE A MOTION FOR A CONTINUANCE ON THIS MATTER TO JUNE 7TH? BRAGMAN? COMMISSIONER BRAGMAN? UM, I MOVE THAT THE CASE BE CONTINUED UNTIL JUNE 7TH, 2021.
I'LL GIVE THE SECOND TO MARIA.
SO HAVE A MOTION AND A SECOND TO CONTINUE, UH, BO O A 21 DASH 1 0 3 0 4 2 TO JUNE 7TH, 2021.
UH, STAFF, PLEASE TAKE A ROLL CALL.
MS. BRAGMAN? YES, I APPROVE MR. DELMER.
UH, THIS CASE HAS BEEN CONTINUED TO JUNE 7TH.
[2. 21-3619 BOA-21-10300049 ]
ITEM NUMBER TWO, PLEASE.1 0 3 0 0 0 4 9 LOCATED 1910 WEST GRAMERCY PLACE COUNCIL DISTRICT SEVEN.
THE APPLICANT IS HILDA DEOS, REQUEST FOR A SPECIAL EXCEPTION AS DESCRIBED IN SECTION 35 3 9 0.01 TO ALLOW REGISTRATION OF A ONE OPERATOR BEAUTY BARBERSHOP AND SINGLE FAMILY RESIDENCE.
THE CURRENT ZONING IS R SIX, HISTORIC.
SUBJECT PROPERTY IS LOCATED AT 1910 WEST GRAMERCY PLACE AND IS LOCATED WEST OF THE INTERSECTION OF NORTH ZAMORA AND FREDERICKSBURG ROAD.
THE AREA SURROUNDED BY SINGLE COUNTY RESIDENTIAL DWELLINGS MOST IN THE MONTICELLO PARK HISTORIC DISTRICT.
THE APPLICANT IS REQUESTING THE BOARD OF ADJUSTMENT, UH, TO GRANT APPROVAL FOR THE RENEWAL REGISTRATION OF A ONE OPERATOR BEAUTY SHOP WITHIN THE RESIDENTIAL DISTRICT.
THE OPERATED OPERATING HOURS WOULD BE TUESDAY THROUGH SATURDAY, NINE TO FIVE, MAKING THE HOURS OF OPERATION UNIFORM ON ALL DAYS, UM, THAT THE SHOP IS OPEN.
THE APPLICANT WILL BE THE ONLY COSMETOLOGIST AT THE LOCATION AND WILL SERVE CUSTOMERS BY APPOINTMENT ONLY.
SITE PLAN OF THE CHAIRS, THE SETUP, INTERIOR, THE HOME ITSELF, IT IS OWN.
THEY HAVE THEIR OWN DOOR FOR THE BEAUTY SHOP AND THE SURROUNDING AREA HOMES ACROSS THE STREET.
STAFF RECOMMENDS APPROVAL OF THE REQUESTED RENEWAL OF UA 21 1 0 3 0 4 9 FOR A PERIOD OF FOUR YEARS BASED ON THE FOLLOWING FINDINGS OF FACT, THE HOME RETAINS ITS RESIDENTIAL CHARACTER AND DOES NOT DETRACT FROM THE RESIDENTIAL NATURE OF THE COMMUNITY.
[00:10:01]
HAS COMPLIED WITH ALL SPECIFIC, UH, REQUIREMENTS ESTABLISHED IN THE UNIFIED DEVELOPMENT CODE FOR THE SPECIAL EXCEPTION.SEND OUT 25 NOTICES, ONE IN FAVOR, ONE IN OPPOSITION, AND NO RESPONSE FROM THE JEFFERSON NEIGHBORHOOD ASSOCIATION OR WOODLAND LAKE COMMUNITY ASSOCIATION.
WE DO HAVE, UM, MR. DEJAS ON THE LINE.
MR. DOS, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
S I LIVE AT 1910 WEST GRAMERCY PLACE, SAN ANTONIO, TEXAS 7 8 2 0 1 AND I'M REQUESTING FOR A SPECIAL EXCEPTION OF A ONE OPERATOR BEAUTY, BEAUTY AND BARBERSHOP AT MY LOCATION.
UH, STAFF, IS THERE ANY PUBLIC COMMENTARY TO READ INTO THE RECORD? NO, JUST FROM THE APPLICANT HERSELF.
UM, ACTUALLY THERE IS A LETTER, LET'S SEE FROM DAVID ALDA.
OUR HOMES HAVE BEEN OUR ONLY SAFE HAVEN FOR FROM THE PANDEMIC.
IN REGARDS TO THE COVID 19, THIS BUSINESS, UH, CONTINUES TO BE A SAFETY CONCERN TO THE NUMBER OF CLIENTS COMING IN AND GOING.
THERE IS NO WAY TO TELL WHAT CLIENTS HAVE BEEN VACCINATED OR WHICH CLIENTS MAY BE INFECTED.
UH, WE TAKE VENTURING OUT INTO BUSINESSES OR AREAS, BUT THAT SAME RISK SHOULDN'T APPLY TO OUR NEIGHBORHOOD.
WHEN CLIENTS, UH, LOITER OUTSIDE THE BUSINESS, IT RAISES THE RISK OF TRANSMISSION.
THIS IS THE RISK THAT WE SHOULDN'T HAVE IN OUR NEIGHBORHOOD DUE TO THE, UH, BUSINESS, UH, RESIDING NEXT DOOR, UH, TO BUSINESS.
HAVING, HAVING ADJOINING DRIVEWAYS PUTS US MORE AT RISK, UH, COVID 19 THAN OTHER RESIDENTS IN THE NEIGHBORHOOD.
FOR ALL THESE REASONS I HAVE STATED I'M IN, I'M OPPOSING AND MR. SAY THAT 1914 WEST GRAMERCY PLACE.
THAT CONCLUDES ALL THE COMMENTS.
IS THERE ANY COMMISSIONER QUESTIONS? CRUZ, UH, COMMISSIONER CRUZ.
UM, SEE, HAS THERE BEEN ANY NOTICES OF, UH, ANY VIOLATIONS TO THIS AREA? NO, MA'AM.
UH, WHEN WAS THE LAST TIME, DID SHE GET, DID SHE JUST GET ONE TWO YEARS AGO OR HAS IT BEEN BEFORE THE FIRST RENEWAL? ARE YOU ASKING? GO AHEAD, MA'AM.
WERE YOU ASKING ME? UH, NO MA'AM.
ACTUALLY, I WAS A ASK, UH, ASKING THE STAFF BECAUSE THEY HAVE MORE.
IT WAS FOUR YEARS AGO, MA'AM, 2017.
AND NOW I HAVE A QUESTION FOR THE, UH, APPLICANT.
MS. DO JOAS, DID YOU KNOW THAT YOUR NEIGHBOR WAS OPPOSING YOU NOW? NO, MA'AM.
I DID NOT KNOW THAT HE WAS OPPOSING ME.
I DID SUBMIT A PHOTO OF THE WINDOW WHERE I DO, UH, OPEN UP THE WINDOW FOR OXYGEN AND, UH, THE ONLY TIME THE CLIENT IS OUTSIDE IS WHEN I HELP HER, YOU KNOW, WALK TO HER CAR, YOU KNOW, AND, AND HER KEYS LIKE IF I POLISHED HER NAILS OR, OR YOU KNOW, JUST HELP HER GET INTO THE CAR, UH, MAKE SURE THAT, YOU KNOW, SHE STEPS.
SO, BUT HE, HE'S KNOWN FOR A LONG TIME THAT YOU'VE BEEN THERE, RIGHT? CORRECT, MA'AM.
WERE YOU, HAVE YOU BEEN SEEING CLIENTS WITHIN THE PAST YEAR? UM, NOT REALLY BECAUSE IT'S BEEN, BECAUSE OF COVID, MY BUSINESS HAS REALLY, REALLY DROPPED.
I MEAN, I WAS FULL-TIME AND NOW I'M LIKE ONE OR TWO DAYS OUT OF THE WEEK.
IT'S REALLY ALARMING THE, THAT, YOU KNOW, IT HAS REALLY SLOWED DOWN.
WELL, A LOT OF PEOPLE ARE STILL AFRAID OF GOING OUT.
UH, ANY OTHER QUESTIONS? MANNA, COMMISSIONER MANNA, ARE THERE QUESTIONS TO THE APPLICANT? AND SO, UM, SO LOOKING AT THE FRONT OF THE HOUSE, ARE THE, ARE THE CLIENTS PARKING ON THE STREET FOR THE MOST PART, OR, OR DO THEY ACTUALLY PULL INTO THE DRIVEWAY WHEN, UH, THEY'RE COMING IN? THEY LIKE TO PARK IN THE STREET.
UH, THEY DON'T LIKE TO PARK IN THE DRIVEWAY BECAUSE IT'S SO NARROW.
UM, AND, UM, LIKE IF, IF IT'S AN ELDERLY CLIENT, SHE HAS TO PARK IN THE STREET SO I CAN ASSESS HER, YOU KNOW, IN WALKING
[00:15:01]
WITH HER WALKER OR A WHEELCHAIR, UH, BECAUSE OF THE, THE DRIVEWAY WOULD BE TOO BUMPY FOR HER.SO NORMALLY THEY, THEY LIKE TO PARK IN THE STREET.
UM, SOMETIMES THEY, I TELL THEM, PLEASE PARK IN THE DRIVEWAY, YOU KNOW, SO YOUR CAR'S A LITTLE MORE SAFE.
SO IT'S KIND OF LIKE, YOU KNOW, BACK AND FORTH, YOU KNOW, THEY, THEY'D RATHER PARK IN THE STREET, BUT I, I KIND OF WANT THEM TO PARK IN THE DRIVEWAY, SO IT'S EITHER, SO, UM, THE SECOND QUESTION IS THE, UM, UM, YOUR NEIGHBOR KIND OF TALKED ABOUT HAVING, WE'LL SAY TRAFFIC COMING IN AND OUT, AND SO I SAW A NICE LITTLE GARDEN THERE THAT YOU HAVE.
AND SO DO, DO YOUR CLIENTS QUEUE UP AND, AND WAIT OUTSIDE? UM, I, I GUESS, DO YOU HAVE ENOUGH CLIENTS WHERE THEY ACTUALLY ARE WAITING, UM, IN A QUEUE SOMEWHERE, LIKE OUTSIDE ON YOUR GARDEN, OR, OR IS THERE ENOUGH TIME WHERE YOU ONLY TRULY HAVE ONE CLIENT AT A TIME? CORRECT.
I DON'T, UH, HAVE MY CAR CLIENTS WAITING OUTSIDE.
SO I ONLY DO LIKE ONE OR TWO CLIENTS A DAY.
AND I LIKE FOR THE CLIENT TO BE DONE WITH THE CLIENT, MAKE SURE SHE'S IN A CAR AND SAFE AND LEFT.
AND THEN I LOVE A GOOD 15 TO 20 MINUTES, MINUTES TO ASSESS THE SALON OF CLEANUP AND, UH, YOU KNOW, MAYBE TAKE A BREAK AND DRINK SOME WATER.
AND THEN THE CLIENT, UM, COMES.
BUT I NEVER HAVE NOBODY WAITING OUTSIDE.
I DO HAVE, UH, A SOMETIMES A CLIENT WILL SMOKE A CIGARETTE, BUT THEY'LL WALK DOWN THE SIDEWALK.
FISHER COMMISSIONER FISHER? YES, THIS IS, UH, TO THE, UH, THE, UH, CLIENT.
I WAS WONDERING, DO YOU, HAS SPECIFIC HOURS, LIKE SET HOURS BETWEEN, I DON'T KNOW, NINE AND FIVE? OR IS IT BY APPOINTMENT ONLY, OR WHAT ARE YOUR TYPICAL HOURS? UH, YES MA'AM.
I'M BY APPOINTMENT ONLY, AND IT'S A TUESDAY THROUGH SATURDAY AND IT'S, I USUALLY START AT EIGHT OR MAYBE NINE IF, DEPENDING ON THE TRAFFIC OF, OF THE CLIENT IF SHE'S GOT SCHOOL ZONE.
BUT, UH, I DO NOT TAKE WALK-INS.
I SPECIFICALLY HAVE A SIGN, UM, NO WALK-INS.
UH, IT'S MY REGULAR CLIENTS THAT I'VE HAD FOR OVER 35 YEARS.
UM, BUT I DO NOT, UH, THEY, THEY DON'T JUST DRIVE UP AND SAY, OH, CAN YOU CUT MY HAIR? NO, THEY HAVE TO CALL ME.
AND I HAVE TO MAKE SURE THAT, YOU KNOW, I PROPERLY PUT THE OR APPOINTMENT ON THERE.
I WILL NOT, UM, YOU KNOW, PEOPLE DON'T JUST COME IN LIKE A REGULAR SHOP TO, TO WAIT AROUND FOR AN APPOINTMENT.
UH, ANY OTHER QUESTIONS? FANTASTIC.
AND, UH, I HAVE A, UH, A QUESTION, UH, FOR THE APPLICANT.
SO YOU, THIS IS YOUR SECOND FOUR YEAR.
HOW LONG HAVE YOU BEEN OPERATING OUT OF, OUT OF YOUR HOME? TOTALLY.
UM, I GOT MY FIRST, UH, SPECIAL EXCEPTION IN 2011 OR 10 10.
WELL, THAT'S, THAT'S, THAT'S WHAT ALL I NEEDED TO KNOW.
THEN, UH, IF YOU HAVE, UH, BEING, BEING, UH, NO MORE QUESTIONS, UH, YOU MAY HAVE A, UH, UP TO THREE MINUTES TO PROVIDE SOME SORT OF A REBUTTAL OR ADDITIONAL INFORMATION TO ADDRESS ANY OF THE ISSUES THAT WERE RAISED.
YOU HAVE, UH, UP TO THREE MINUTES IF YOU WANNA MAKE ANY CLOSING REMARKS.
I, UM, I JUST WANTED TO TELL THE BOARD ABOUT THE SALON HOW HI HAS REALLY PROVIDED A, A CLEAN ENVIRONMENT FOR EVEN THE NEIGHBORHOOD.
YOU KNOW, CONSIDERING WITH COVID, PEOPLE HAVE NOT BEEN BATHING PROPERLY.
THEY'VE BEEN WORKING OUT OF THEIR HOMES, AND I HAVE BEEN PROVIDING, UM, SOME TYPE OF A STRIPPING STUFF TO CLEAN THEIR HAIR, YOU KNOW, GIVE THEM KNOWLEDGE ABOUT HYGIENE.
SO, UM, I HAVE HAD QUITE A FEW, UH, CLIENTS TALK TO ME ABOUT THAT.
THEY REALLY DO LOVE THE SALON BEING HERE LOCALLY BECAUSE THEY DON'T HAVE TO GO INTO A BIG AREA, UH, AND BE EXPOSED.
[00:20:01]
IT'S JUST ONE-ON-ONE, CONSIDERING THAT, THAT I DO HAVE THE WINDOW OPEN.AND THERE'S NO ONE ELSE WAITING AROUND.
SO WITH THAT, UM, UH, IS THE COMMISSIONER LIKE TO MAKE A MOTION, TE COMMISSIONER TEAL REGARDING CASE NUMBER BO O A, HOLD ON, LET MUTE ENLARGE THIS HERE REAL QUICK, SORRY.
REGARDING CASE NUMBER BOA 2 1 3 4 9, I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A SPECIAL REQUEST, EXCUSE ME, SPECIAL EXCEPTION AS DESCRIBED IN SECTION 35 DASH 3 99 0.01 TO RENEW REGISTRATION OF A ONE OPERATOR BEAUTY BARBERSHOP OPERATING TUESDAY THROUGH SATURDAY, 9:00 AM TO 5:00 PM WITHIN A SINGLE FAMILY RESIDENCE FOR ADDITIONAL FOUR YEARS, SITUATED AT 1 9 1 0 WEST GRAMMER SEA PLACE APPLICANT BEING HILDA DEOS.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW 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 BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE CHAPTER.
THE PURPOSE OF THE REVIEW IS TO ENSURE THAT THE OPERATION OF THE ONE OPERATOR BEAUTY BARBERSHOP DOES NOT NEGATIVELY IMPACT THE CHARACTER OF THE COMMUNITY.
THE APPLICANT HAS FULFILLED ALL REQUIREMENTS FOR A ONE OPERATOR SHOP AS ESTABLISHED BY THE UNIFIED DEVELOPMENT CODE.
AS SUCH, THE STAFF FINDS THAT THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE PURPOSE OF THE CHAPTER B.
THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
PUBLIC WELFARE AND CON CONVENIENCE WILL BE SERVED AS IT WILL PROVIDE A VALUABLE SERVICE TO THE RESIDENTS OF THE NEIGHBORHOOD.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE SUBJECT PROPERTY WILL BE PRIMARILY USED AS A SINGLE FAMILY RESIDENCE.
THE BEAUTY BARBER SHOP WILL OCCUPY ONLY A SMALL PORTION OF THE HOME HAS REQUIRED BY THE U D C A NEIGHBORING PROPERTY SHOULD NOT HAVE ANY INDICATION THAT A PORTION OF THE HOME IS BEING USED FOR THIS PURPOSE.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND A LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE REQUESTED SPECIAL EXCEPTION, IS NOT LIKELY TO NEGATIVELY IMPACT THE ADJACENT PROPERTY OWNERS AS THE HOME IS SEEN CHARACTER WITH THOSE AROUND IT.
DURING THE FIELD VISIT, STAFF NOTED NOTHING VISIBLE FROM THE STREET THAT WOULD INDICATE THE PRESENCE OF A BEAUTY BARBERSHOP.
ALSO, STAFF NOTED A LARGE DRIVEWAY CAPABLE OF PROVIDING ANY NECESSARY PARKING FOR THE PROPOSED USE.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE IN ESTABLISHED TOWARD THE SPECIFIC DISTRICT.
THE PRIMARY USE OF THE DWELLING REMAINS A SINGLE FAMILY HOME.
THE GRANTING OF THE SPECIAL EXCEPTION WILL NOT WEAKEN THE PURPOSES OF THE RESIDENTIAL ZONING DISTRICT.
UH, WAS THAT COMMISSIONER CRUZ? YES, SIR.
UH, WE HAVE A MOTION AND A SECOND TEAL.
PLEASE LEAVE THE, UH, COMMISSIONER TEAL.
UH, UH, I BELIEVE THE APPLICANT HAS DEMONSTRATED, BUT BASICALLY ON OVER THE BETTER PART OF THE LAST DECADE THAT, UH, THEY CAN OPERATE THIS, UH, SINGLE OPERATOR, UH, BEAUTY BARBERSHOP WITHOUT ISSUE.
AND I HAVE, UH, NO, UM, ANIMOSITY OR WORRIES ABOUT, UH, APPROVING AGAIN FOR ANOTHER FOUR YEARS.
UM, UH, HOPEFULLY EVERYONE ELSE AGREES.
COMMISSIONER CRUZ? UH, YES, I CONCUR WITH MR. THIEL.
I THINK THIS WILL BE A GREAT, UH, IMPROVEMENT FOR THE NEIGHBORHOOD.
AND SINCE SHE'S BEEN ALREADY OPERATING FOR OVER 10 YEARS, I SEE NO PROBLEMS WITH THIS.
ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? HEARING NONE, UH, I JUST WANTED TO THANK COMMISSIONER THIEL FOR ADDING THE HOURS OF OPERATION THAT'S, UH, ALWAYS SEEMS TO BE ABSENT FROM THE, UH, TEMPLATE.
UH, STAFF, PLEASE TAKE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT, MR. MAKA.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. UNA? YES, I CONCUR AND SHARE ORIAN.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
[3. 21-3593 BOA-21-10300043 ]
UH, NEXT CASE PLEASE.1 0 3 0 0 0 4 3 AT FOUR 19
APPLICANT IS, UH, ROSE OCHOA REQUEST FOR A SPECIAL EXCEPTION TO THE PERMITTED FIVE FOOT.
PREDOMINANTLY OPEN FENCE IN THIS IN 35 5 14 C TO ALLOW A FRONT YARD FENCE TO BE SIX FEET TALL.
PRIVACY, TWO, UH, THREE FOOT FOUR INCH VARIANCE TO THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW
[00:25:01]
A SIX FOOT EIGHT INCH FRONT SETBACK WITH A TWO FOOT OVERHANG FOR A CARPORT AND THREE, A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION FIELD REQUIREMENT TO ALLOW THE FRONT YARD FENCE TO BE 10 FEET AWAY FROM THE STREET.CURRENT ZONING IS R FIVE M L D TWO.
INITIALLY IT WAS ADVERTISED FOR A LARGER SETBACK VARIANCE.
UM, BUT IN THIS CASE, WE ACTUALLY DON'T NEED AS MUCH OF A VARIANCE TO UPDATED MEASUREMENT.
ORIGINALLY, IT WAS A SIX FOOT FOUR INCH VARIANCE TO THE FRONT 10 FOOT, BUT ALL WE NEED IS A THREE FOOT EIGHT INCH VARIANCE FROM THE FRONT SETBACK WITH A TWO FOOT OVERHANG.
ALSO CORRECTED WAS A THREE FOOT FOUR INCH VARIANCE TO THE MINIMUM 10 FOOT.
UH, APPLICANT RECEIVED A STOP WORK ORDER FOR BUILDING WITHOUT A PERMIT IN MARCH OF 2021, WHICH CAUSED A SUBMITTAL FOR A VARIANCE UPON STAFF.
FRONT YARD FENCE TO THE SITE SITE APPEARS TO BE AS MUCH AS SIX FEET TALL AND IN HEIGHT UP UNTIL THE FRONT PROPERTY LINE.
FURTHER STAFF FOUND THE ADDITION OF AN ATTACHED COVERED PATIO BUILT IN 2018 WITHOUT PERMITS.
IT'S SIX FOOT EIGHT INCHES FROM THE FRONT PROPERTY LINE.
SUBJECT PROPERTY IS LOCATED WITHIN THE NEIGHBORHOOD WITH VARIANCE SETBACKS TO THE PROPERTY LINE.
PROPERTY HAS 10, HAS 10 FEET BETWEEN THE CURB AND FENCE, REQUIRING A FIVE FOOT VARIANCE TO THE 15 FOOT CLEAR VISION.
THIS IS THE CARPORT THAT'S ACTUALLY BEING CONVERTED TO AN OUTDOOR PATIO, CLEAR VISION FENCE HEIGHT.
THIS IS THE SURROUNDING AREA, AND THAT ON THE LEFT IS THEIR FRONT YARD FENCE, NEIGHBORING PROPERTIES.
STAFF RECOMMENDS DENIAL OF REQUEST NUMBER ONE TO ALLOW A FRONT YARD FENCE TO BE SIX FEET TALL.
PRIVACY AND REQUEST THREE, A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION FIELD REQUIREMENT IN D O A CASE 1 0 3 0 0 0 4 3 BASED ON THE FOLLOWING FINDINGS EFFECT FRONT YARD FENCE WOULD BE INCONSISTENT WITH THE ESTABLISHED FRONT YARD FATE FENCING MATERIAL OR PATTERN OF THE SURROUNDING AREA.
AND THE OWNER MAY STILL, UH, CONSTRUCT A FRET YARD FENCE THAT IS EITHER THREE FOOT SOLID SCREEN OR FIVE FEET PREDOMINANTLY OPEN, AND WOULD REPRESENT A VISUAL OBSTRUCTION ATYPICAL FOR THE NEIGHBORHOOD.
STAFF DOES RECOMMEND APPROVAL OF THE REQUEST FOR TWO TO ALLOW A THREE FOOT FOUR INCH VARIANCE.
THE REQUIRED 10 FOOT FRONT STEP BACK BASED ON THE FOLLOWING, FINDING OF FACT, THE ADDITION WILL REMAIN SIX FEET, EIGHT INCHES AWAY FROM THE FRONT PROPERTY LINE.
AND THERE IS 10 FEET BETWEEN THE ADDITION AND THE STREET CURB.
THE AREA HAS MANY VARIABLE FRONT SETBACKS.
11 WERE RECEIVED IN FAVOR, NONE IN OPPOSITION.
AND THERE'S NO NEIGHBOR ASSOCIATION.
WE DO HAVE THE APPLICANT ON THE LINE.
MR. OCHOA, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
MY NAME IS ROSEMARY OCHOA, AND MY ADDRESS IS 4 1 9 STREET SAN ANTONIO, TEXAS 7 8 2 3 7.
YOU CAN START YOUR PRESENTATION, MA'AM.
UH, WHAT DOES THAT MEAN? LIKE FOR ME TO TALK WHY I PUT THE, WELL, PLEASE, PLEASE, UH, PROVIDE, UH, UH, INFORMATION RELATED TO YOUR CASE.
UH, WHY THIS, WHY THIS IS BEING PURSUED.
UH, WHY YOU THINK IT'S A, A HARDSHIP AND WHY WE SHOULD CONSIDER GRANTING BEARINGS.
WELL, BECAUSE, UM, I LEFT BETWEEN, UM, PIG BOOTHS AND THEY'RE VERY BIG, REAL BIG, AND THEY JUMPED MY FENCE.
THEY WOULD JUMP MY FENCE, THE OTHER FENCE.
AND MS. LA CRUZ HAD TOLD ME THAT I NEED TO FIX IT.
THE COPS NEED TO TELL ME THAT I NEED TO FIX IT.
WELL, I DROPPED IT DOWN AND I, UM,
I TOOK WHISKEY BECAUSE THEY BROKE HIS JAW AND I DID HAVE POLICE REPORTS AND THEY TOOK PICTURES OF THE COPS.
AND THEN A WEEK LATER, NOT EVEN TWO WEEKS, I WAS SUPPOSED TO TAKE HIM BACK.
A WEEK LATER, THEY BROKE HIS JAW AGAIN.
AND I DID CALL THE COPS AGAIN, AND I TOOK HIM AGAIN.
I DO HAVE THE HOSPITAL BILL FOR THE DOG, THAT DOG FOR WHISKEY.
THEY KILLED CHACHA, THEY KILLED NANCY, THEY KILLED GIO, ALL THOSE OTHER DOGS.
AND, UM, WHO ELSE DID THEY KILL?
[00:30:02]
IT'S FIVE DOGS THAT THEY KILLED.AND I, THEY JUMPED FROM THIS SIDE OF THE FENCE AND THAT OTHER SIDE OF THE FENCE BECAUSE MY OTHER NEIGHBOR HAS PIG BULLS AND MY OTHER NEIGHBOR ACROSS THEM, THEY ALSO HAVE PIG BULLS.
I ADOPTED TWO OF MY GRANDSONS.
ONE JUST TURNED 11, THE OTHER ONE'S STILL NINE.
AND I HAVE A DAUGHTER THAT'S 12 YEARS OLD.
THEY CAN'T EVEN GO OUTSIDE AND PLAY IN THE TRAMPOLINE BECAUSE THE DOGS SEE THEM AND THEY GET REAL LIKE MAD.
AND THEY WENT, THEY JUMPED THE FENCE AND THEY HAVE TO RUN BACK IN.
NOW I HAVE FOUR DOGS IN MY HOUSE AND I HAVE 'EM INSIDE BECAUSE I'M AFRAID OF THE DOGS.
THEY JUST PICKED THEM UP THIS PAST WEEK BECAUSE I DON'T KNOW WHAT HAPPENED.
THE DOGS NOW DON'T JUMP MY FENCE BECAUSE OF THE GATE, BUT NOW THEY JUMP TO THE STREET, THE ONE IN THE FRONT, AND THEY GO KILLING THE WHOLE NEIGHBORHOOD DOGS AND GOING AT PEOPLE AND STUFF LIKE THAT.
AND THEY JUST REPORTED IT WAS THREE PEOPLE THAT SOMEBODY ELSE REPORTED ONE IN THE CORNER HOUSE REPORTED THEM.
AND THEN, UM, SOMEBODY ON THE OTHER STREET, UH, NEXT TO MY STREET AND THINK, I BELIEVE THEY HAD SOME OTHER REPORTS WHERE THE DOGS WENT OVER THERE AND KILLED THREE MORE DOGS.
SO THEY'RE VERY DANGEROUS DOGS.
AND NOW WITH THAT GATE, THEY DO NOT JUMP MY FENCE.
BUT LIKE I TOLD, UM, UM, MS. UM, MICHELLE, UM, UM, SHE SAID THAT THE VASQUEZ, THAT, THAT THEY DON'T JUMP MY FENCE NO MORE TO MY YARD.
NOW THEY JUMP TO THE STREET FROM HER HOUSE TO THE STREET.
AND I CAN'T OF AFFORD MY, I CAN'T HAVE MY KIDS INSIDE MY HOUSE ALL DAY LONG.
BUT WE'RE NOT ABLE TO GO OUTSIDE BECAUSE OF THE DOG.
MY DOGS HAVE TO USE THE BATHROOM INSIDE THE HOUSE.
I PUT THAT BECAUSE WE CAN'T TAKE 'EM OUTSIDE BECAUSE THE DOGS GO CRAZY.
AND I HAVE SO MANY REPORTS THAT THE COPS TOLD ME NOT TO BE CALLING THEM NO MORE, THAT I HAVE TO CALL 3 1 1 FOR THE DOG PUMP.
SO I ONLY WAS ABLE TO GET THE POLICE REPORTS FROM THE POLICE, AND THEN I STARTED CALLING THE 3 1 1.
BUT I TRIED TO GET THE REPORTS FROM THEM, BUT I WAS NOT ABLE TO GET THOSE REPORTS.
AND I AM VERY SORRY I BROKE THE LAW.
IT WAS NOT MY INTENTION TO DO SO.
WELL, THANK YOU FOR YOUR HONESTY.
UM, WE'RE GONNA, OH, WHAT WE'RE GONNA DO THIS.
WHAT WE'RE GONNA DO AT THIS POINT IN TIME IS IF, IF ANY PUBLIC COMMENTARY HAS BEEN SUBMITTED, STAFF WILL READ IT AND THEN WE'LL, UH, WE'D LIKE FOR YOU TO STAY ON LINE IN CASE WE HAVE ANY QUESTIONS.
SO, STAFF, IS THERE ANY, UH, PUBLIC COMMENTARY? UH, YES, SIR.
MOST OF 'EM ARE JUST SIMPLY INDICATING THEY'RE IN FAVOR.
SO I'LL GO THROUGH EACH ONE OF 'EM.
UH, RICHARD, THE 4 0 1
AND THEN MARIA DOLORES, UH, I GUESS S VARGA AT 4 27 G**O, GABRIELA ERMO AT FOUR 30 ERO.
UM, I NEED THE GATE FOR THE SAFETY OF MY KIDS AND MY DOGS.
I CAN'T READ THE LAST NAME, BUT ALSO IN FAVOR.
4 22 ERO, ALSO IN FAVOR, A ROGER, UH, CARDENA JAMES.
I GUESS IT'S SARATA FOUR 10 ERO.
AND THAT CONCLUDES ALL THE COMMENTARY.
SO THAT WAS EVERYONE WAS IN FAVOR? THAT IS CORRECT.
UH, IS THERE ANY COMMISSIONER QUESTIONS? OKAY.
UH, I NOTICED ON GOOGLE MAPS THAT YOU ALREADY HAD A, A CHAIN LINK FENCE ON THE LEFT SIDE, UH, OF YOUR PROPERTY.
AND IS THAT, UH, IS THAT STILL UPSTANDING OR DID YOU REPLACE IT WITH THE, THE WOOD FENCE.
LIKE THE, WHAT HAPPENED? OH, YOU, UH, THERE USED TO BE A CHAIN LINK FENCE, UH, ON, ON THE SIDE OF YOUR PROPERTY IN THE FRONT YARD.
AND I WAS WONDERING, DID YOU REPLACE
[00:35:01]
IT WITH THE WOOD FENCE OR IS THE ON THE SIDE FENCE? YES, ON THE, THE, THE ONE ON, ON THE, IF I'M STANDING IN FRONT OF MY HOUSE, THE ONE TO THE LEFT, I HAD TOOKEN IT OFF.AND THEN THE ONE ON THAT SIDE, ON THE OTHER SIDE, I CAN'T, BECAUSE THAT FENCE DOES NOT BELONG TO ME, IT BELONGS TO SOMEBODY ELSE.
I JUST PUT IT ON THIS SIDE OF THE FENCE.
DID, DID YOU CHIME IN WHILE I WAS ASKING A QUESTION? YES.
IT WAS, IT'S, UH, COMMISSIONER MANNA, PLEASE.
SO, SO I SEE THAT YOU HAVE, UH, YOU KNOW, A LOVELY, UM, WR FENCE, WROUGHT IRON FENCE THERE ON THE FRONT.
AND SO PART OF THE DIALOGUE, UH, THAT WE'RE TRYING TO ASSESS HERE IS THE, IS THE FENCING ON THE SIDE DOES, UH, WE'LL SAY OF TRAFFIC AND, AND WE'LL SAY DOWN THE STREET.
AND SO ONE QUESTION THAT I WOULD HAVE FOR YOU IS, IS THERE A POSSIBILITY WHERE YOU COULD PUT IN A SIMILAR, UM, UM, WROUGHT IRON FENCE ON TOP OF, BY CODE, YOU'RE ALLOWED A THREE FOOT FENCE, UM, ON THE SIDE TO BE SOLID FENCING.
AND COULD YOU PUT IN ON TOP OF THAT, UM, UH, A WROUGHT IRON FENCE SO THAT YOU DON'T OBSTRUCT THE VIEW? AND, UM, SO ANYWAYS, THAT'S TO THE APPLICANT.
SO, SO IS THERE A POSSIBILITY OF, OF REMOVING, SAY A FEW, THAT TOP PART OF YOUR FENCE, THAT PUTTING IN, UM, A WROUGHT IRON STRUCTURE THERE SO THAT YOU STILL HAVE YOUR PROTECTION, BUT ALLOW FOR THE VIEW? THE QUESTION WAS FOR ROSE FOR ME? YES.
BUT THE THING IS THAT, UH, MS. GONZALEZ, THE 4 23
EVERYBODY AROUND HER HOUSE ALREADY PUT PRIVATE FENCE.
THE GUY IN THE BACK ALREADY PUT HIS PRIVATE FENCE ABOUT A WEEK AGO, NO, MAYBE TWO, THREE WEEKS AGO.
AND THE LADY ON THE OTHER SIDE, THEY HAVE PRIVATE FENCE AS WELL, ALL THE WAY, BECAUSE THOSE DOGS ARE BAD.
EVERYBODY KNOWS, EVERYBODY KNOWS HE IN THIS NEIGHBORHOOD, THEY'RE REALLY BAD.
HERS AND JESSE RAMOS AND MONICA RAMOS.
THERE'S THREE HOUSES I LIVE RIGHT.
BE RIGHT IN THE MIDDLE OF ALL OF THEM.
SO I GUESS, LET ME ASK THE QUESTION ANOTHER WAY THEN.
SO, SO YOUR, YOU, YOUR REQUIREMENT OR YOUR NEED FOR YOUR SAFETY IS TO HAVE A TALLER FENCE IN THE FRONT YARD, CORRECT? YES.
I, I HAVE NOT PUT IN IT BECAUSE OF THE CORONAVIRUS AND THEN THE, THE FIRE IN CALIFORNIA.
SO THAT MEANS ALL THE WOOD JUST WENT SKYROCKET.
AND I DON'T HAVE THAT KIND OF MONEY TO GO.
AND MY BOARD WAS LIKE FIVE SOMETHING A PIECE, AND RIGHT NOW THEY'RE LIKE $33 A PIECE.
SO I HAVEN'T, BUT I DO HAVE THE FENCE ON THE LEFT SIDE.
IT'S, UM, A CHICKEN WIRE FENCE THAT I PUT.
SO, SO I THINK THAT THIS MOTION'S DEALING DIRECTLY WITH THE, THE FRONT GUARD, UM, IS, IS WHAT, UH, I GUESS, I GUESS WHAT THE VARIANCE, UH, BEING SOUGHT IS FOR, IS SPECIFICALLY FOR THE FRONT YARD.
AND SO, SO IN THE FRONT YARD, UM, ARE YOU SEEKING, THEY JUMPED TO THEIR FRONT YARD AND I WOULD TELL THE COP AND I WOULD SHOW THE COP WHERE THEY JUMPED AND EVERYTHING, AND THEY WOULD SEE THEM.
I DON'T KNOW, WHEN I GOT ASKED FOR THE POLICE RECORDS, UM, THEY DIDN'T HAVE NO PICTURES AND THEY, EVERY TIME THEY WOULD COME, THEY WOULD TAKE PICTURES.
SO I DON'T KNOW WHY THE, THE PICTURES DIDN'T SHOW UP.
YOU SEE BLOOD ALL OVER MY EVERYWHERE.
I'M FULL OF BLOOD, MY KIDS ARE FULL OF BLOOD BECAUSE WE'RE TRYING TO GET THE DOG AND THEY'RE JUST MR. OCHOA, THEY'RE, WE, MS. MS. OCHO, WE, WE COMPLETELY GOT GOT THAT PART OF YOUR TESTIMONY.
THE, THE QUESTION BEFORE YOU IS, IS THAT MM-HMM.
WOULD YOU, THE QUESTION BEFORE YOU IS, WOULD YOU BE WILLING TO REPLACE SOME OF THE WOOD WITH WROUGHT IRON? YOU COULD KEEP THE HEIGHT, BUT TRY TO MAKE IT MORE VISIBLE.
THAT'S WHAT'S BEING ASKED TO SEE.
SO YOU CAN HAVE A FENCE, BUT, BUT OKAY.
WHEN YOU MAKE IT SOLID, IT, YOU'RE OBSTRUCTING VISION, UH,
[00:40:01]
FOR, FOR VEHICLES TRAVELING UP AND DOWN THE STREET.AND THAT'S WHAT WE'RE TRYING TO DECIDE UPON TODAY.
SO YEAH, THE, THE COMMISSIONER WAS ASKING, WOULD YOU BE WILLING TO, TO SUBSTITUTE, REPLACE WITH I AM, YEAH.
SO WHAT, WHAT, HOW DO YOU RESPOND TO THAT? WELL, I MEAN, IT'S GONNA TAKE ME, UM, MONEY TO DO THAT BECAUSE IRON IS VERY EXPENSIVE A LOT.
WELL, SO IT'S, IT'S, UH, BUT IF YOU ORDER ME TO DO THAT, WELL, I GUESS I WOULD HAVE TO DO THAT BECAUSE THAT'S THE ONLY SAFETY THAT I WOULD HAVE.
UH, MA'AM, WE, WE DON'T ORDER PEOPLE, WE, WE JUST DECIDE WHETHER OR NOT A, A VARIANCE WILL BE APPROVED.
UM, COMMISSIONER MANAD, PLEASE CONTINUE.
UM, I DIDN'T MEAN TO NO, THANK YOU FOR, FOR HELPING CLARIFY THAT.
SO YOU, YOU HELPED EXPLAIN IT MUCH BETTER THAN I DID, SO THANK YOU.
UM, SO, SO THE, AND, AND MAYBE I'M A LITTLE BIT CONFUSED HERE WITH REGARDS TO THE REQUIRED HEIGHT.
SO, SO RIGHT NOW, UM, AT THE FRONT YARD, THE HEIGHT OF THE SIDE FENCE APPEARS TO BE SIX FOOT RUNNING, UM, INTO THE CLEAR VISION FIELD.
AND THEN YOU HAVE YOUR RODT IRON ACROSS THE FRONT OF THE YARD THAT BASICALLY IS SCALLOPED.
AND SO NOT QUITE SIX FOOT ALL THE WAY ACROSS THE FRONT.
UM, AND SO, SO IS THE FENCE AS IS CURRENTLY DESIGNED, KEEPING THE NEIGHBOR DOGS OUT? YES.
UM, ANY OTHER COMMISSIONER QUESTIONS? TE COMMISSIONER TEAL? YES.
CAN YOU, UH, ZEKE, CAN YOU PULL UP THE PICTURE OF THE, UH, THE PATIO SPACE IN THE FRONT THERE? YES, SIR.
SO WHEN YOU LOOK AT IT, IT'S APPARENT THAT THEY'RE NO LONGER USING THE DRIVEWAY AS A DRIVEWAY OR STORAGE FOR VEHICLES.
AND IF YOU LOOK AT THE GOOGLE MAPS, YOU CAN SEE THEY PARK IN FRONT OF THE DRIVEWAY AS WELL.
SO MY UNDERSTANDING OF THE CLEAR VISION FIELD IS TO NOT OBSTRUCT VIEWS FROM COMING IN AND OUT OF DRIVEWAYS, BUT THIS DRIVEWAY IS NOT BEING USED IN A TRADITIONAL USE.
AND IF YOU LOOK AT THE BUILDING TO THE LEFT, THE DRIVEWAY IS, HAS MORE THAN ENOUGH SPACE TO STILL HAVE A CLEAR VIEW, EVEN WITH THE CURRENT FENCING THAT'S PUT IN THERE NOW.
SO I JUST WANNA BRING THAT TO EVERYONE'S ATTENTION BECAUSE OBVIOUSLY THE, THE CLEAR VISION FIELD IS, IS A POINT OF CONTENTION, BUT OBVIOUSLY, UH, NO ONE SHOULD BE, UH, FORCED TO BE SCARED OR UNSAFE LIVING IN THEIR HOME.
SO I, I THINK WE REALLY SHOULD CONSIDER, UH, THE REALITY OF WHAT'S GOING ON HERE.
AND, AND THE SAFETY ISSUES ARE ACTUALLY MORE PARAMOUNT ABOUT THE DOGS AND THEIR ABILITY TO GET INTO THE YARD RATHER THAN THE VIEW SHED FOR THE CLEAR, UH, CLEAR VISION.
SO I JUST WANNA PUT THAT ON RECORD.
UH, COMMISSIONER THIEL, JUST FOR CLARIFICATION, THE CLEAR VISION IS MORE SPECIFIC TO THE NEIGHBORING PROPERTY, WHICH THE DRIVEWAY ABUTS THE THE FENCE.
THAT'S THE NEIGHBOR TO THE LEFT WITH THE DOGS.
THAT'S, THAT'S THE DRIVEWAY THAT'S, UH, CLOSER TO THE FENCE.
UH, ZEKE, I WANTED TO, I WANNA, UM, I NEED YOU TO CLARIFY SOMETHING FOR, FOR THE BENEFIT OF THE COMMISSION.
SO WE HAVE A SIDE FENCING THAT'S APPROXIMATELY SIX FEET TALL THAT EXTENDS FROM THE FRONT OF THE HOUSE OUT.
AND THAT, THAT IS AN ISSUE BECAUSE IT'S, IT'S SOLID AND IT'S AN EXCESS OF THREE FEET.
THE SECOND ISSUE IS A CLEAR VISION, BUT IS THE WROUGHT IRON FENCE ACROSS THE FRONT, ASIDE FROM IT BEING TOO CLOSE, IS THE HEIGHT OF THE FENCE IN QUESTION? THE FRONT YARD FENCE? NO, SIR.
UM, IT'S THE SIDE YARD FENCE THAT, THAT WAS THE ISSUE.
UM, ULTIMATELY IT'S JUST, IT'S, I MEAN, ULTIMATELY IT'S, IT'S FIVE FEET INTO THE CLEAR VISION.
I JUST WANTED TO PUT THAT CLARIFICATION OUT THERE.
UH, ANY OTHER COMMISSIONER QUESTIONS? MS. CHAKA? UH, COMMISSIONER CHAKA? SO, UH, WE'RE BASICALLY DEALING WITH A CLEAR VISION ON THE SIDE FOR A RIGHT IRON OPTION.
IS THAT CLEAR? UH, WELL, WE'RE, WE'RE, IF IT, IF IT IS NONSOLID, THEN IT, IT, IT COULD NOT BE A CLEAR VISION ISSUE, BUT IT STILL DOESN'T TAKE AWAY FROM THE HIGH, THE, THE SOLID FENCE BEING SIX FEET HIGH, YOU KNOW, ON THE SIDE AT ALL.
YEAH, BECAUSE I DON'T SEE THE, THE GARAGE AS A PERMANENT THING, UH, AS, UH, BEING ADDRESSED EARLIER.
SHE HAS A FRONT GATE FOR THE CAR TO GO IN ANYWAY.
THOSE, THOSE, UH, THOSE, UH, CURTAINS SHE'S GOT ON THERE RIGHT NOW.
UH, ANY OTHER COMMISSIONER QUESTIONS? SHALL AYE, COMMISSIONER SHELL, UM, I JUST WONDERED IF STAFF COULD PUT UP THE MAP SHOWING, UM, THE NEIGHBOR SUPPORT.
[00:45:01]
I JUST WANTED TO SEE IF THE NEIGHBORS WITH THE DOGS HAVE, HAVE EXPRESSED SUPPORT FOR THE FENCES.YES, I'M BRINGING THAT UP RIGHT NOW.
SO THERE WASN'T A RESPONSE FROM THE TWO ADJACENT NEIGHBORS, DIRECTLY ADJACENT NEIGHBORS? NO, MA'AM.
ANY OTHER COMMISSIONER QUESTIONS? OKAY, UM, I, I, UH, I JUST, I HAVE ONE QUESTION FOR THE APPLICANT.
UM, SO SINCE THIS FENCE HAS BEEN PUT UP, YOU HAD STATED THAT YOU'RE ON, IT SEEMS TO HAVE HAD ALLEVIATED THE PROBLEMS YOU'RE HAVING WITH THE NEIGHBOR'S DOG.
AND IT'S A FIGHT ALMOST ALL THE TIME.
AND THEN I DIDN'T EVEN TALK TO MY MOM.
I'M TRYING TO SEE HOW CAN I MAKE HER PAY FOR ALL MY, DO MY HOSPITAL BILLS AND WE DON'T TALK, WE DON'T TALK AT ALL.
UH, AND THEN ANOTHER QUESTION, SHE DON'T EVEN HAVE A CAR TO PARK IN HER DRIVEWAY.
SHE DON'T EVEN USE HER DRIVEWAY EITHER.
I'M, I'M TRYING TO KEEP THE QUESTIONING SIMPLY TO THE FENCE, BUT THANK YOU FOR THE ADDITIONAL INFORMATION.
UM, SO WITH REGARD TO THE FENCE AND IT BEING WORKING FOR YOU, UM, WE HAD, WE HAD HEARD, UM, SOME COMMENTARY ABOUT POSSIBLY REPLACING THAT, THAT, UH, SOLID FENCE IN THE FRONT, UH, WITH SOMETHING LIKE WROUGHT IRON THAT YOU COULD SEE THROUGH FOR CLEAR VISION.
BUT WHAT I'M CURIOUS ABOUT IS, UH, WHEN THE DOGS ARE JUMPING, IS THE SOLID FENCE SOMETHING THAT YOU FEEL YOU NEED TO KEEP THEIR ATTENTION AWAY FROM YOUR YARD AS WELL? FROM YARD, NOT JUST THIS? YES, BECAUSE YES, BECAUSE THE, THE DOGS STAND UP ON THE REGULAR FENCE AND THEIR HEAD AND SHOULDER ARE ON TOP OF THE FENCE.
IT'S, SO WITH THAT, UH, IS THERE ANY OTHER COMMISSIONER QUESTIONS BEFORE WE ASK FOR A WRAP UP FROM THE UH, UH, APPLICANT? OKAY.
SO MS. OCHOA, YOU HAVE AN OPPORTUNITY.
YOU'VE HEARD, UH, ALL OUR QUESTIONS, YOU'VE HEARD, UH, COMMENTARY.
UH, IS THERE ANYTHING YOU'D LIKE FOR US TO, TO KNOW BEFORE WE DELIBERATE? YOU'VE GOT THREE MINUTES IF YOU WOULD LIKE TO TAKE THAT MUCH TIME JUST TO, UH, GIVE US ANY SORT OF FOLLOW UP, UH, TO YOUR CASE.
UM, WELL I, FIRST OF ALL, I WANNA SAY THAT I'M VERY SORRY THAT I BROKE THE LAW.
I DIDN'T MEAN TO, I'M JUST TRYING TO PROTECT MY CHILDREN BECAUSE THEY ALREADY KILLED BY FIVE OF MY DOGS AND THEY INJURED WHISKEY TWICE.
UM, I GOT WHISKEY FROM A HOMELESS PERSON.
I PAID HIM $20 FOR THAT DOG AND I TRIED TO GIVE HIM A GOOD LIFE AND NOT KNOWING THAT HE WAS GONNA BE BITTEN TWICE INTO THE HOSPITAL TWICE.
AND I DON'T KNOW, GRA I'M SO SORRY.
AND THAT'S THE ONLY WAY THAT WE CAN GO OUTSIDE AND BE OUTSIDE IF I HAVE IT LIKE THAT.
AND I TOLD MS. VASQUEZ AND I GO, THEY HAVE NOT JUMPED MY FENCE.
MY KIDS BEEN OUTSIDE PLAYING IN THE TRAMPOLINE AND THEY HAVE NOT JUMPED OVER.
NOT ONCE, BUT NOW THEY GO TO THE STREET AND THEY GO MESS AROUND WITH EVERYBODY ELSE, BUT THEY DON'T ESCORT US ANYMORE.
UM, IS THERE, IS THERE AN, UH, UH, COMMISSIONER WHO WOULD LIKE TO MAKE A MOTION? DO COMMISSIONER MICHELLE, I'M JUST PULLING, PULLING IT UP HERE.
[00:50:01]
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 THREE FOOT FOUR INCH ENCROACHMENT INTO THE FRONT SETBACK FOR THE CARPORT.
AND THE FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION FIELD REQUIREMENT IS NOT CONTRARY TO THE PUBLIC INTEREST.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP REQUIRING THE PROPERTY OWNER TO SIGNIFICANTLY ALTER THE FENCE AND CARPORT STRUCTURE WILL CREATE UNNECESSARY HARDSHIP.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE FRONT CARPORT SETBACK REQUIREMENT IS TO ENSURE THAT THERE IS ENOUGH SPACE FOR A VEHICLE TO FIT IN THE UNCOVERED PORTION.
HOWEVER, THE, HOWEVER, THE APPLICANT DOES NOT INTEND TO USE THE CARPORT FOR CAR STORAGE BY GRANTING THE VARIANCES, 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.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THESE VARIANCES.
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 BOARD FINDS THAT HAVING A LESSER FRONT SETBACK FOR THE SUBJECT CARPORT AND THE CLEAR VISION VARIANCE DO NOT POSE IMMEDIATE RISK TO THE ADJACENT PROPERTIES AND LEAVES ENOUGH ROOM FOR MAINTENANCE OF THE STRUCTURE.
THE PROPERTY, THE PLIGHT OF THE PROP, UM, EXCUSE ME, 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 BOARD FINDS THAT THE PLIGHT OF THE OWNER IS NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE, DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
IS THERE A SECOND? UH, I'LL GO AHEAD AND SEC WHO'S THAT IS MANNA.
UH, COMMISSIONER MANNA HAS A SECOND.
AND, UH, BEFORE WE PROCEED, COMMISSIONER, SHE, I, EXCUSE ME IF I, DID YOU SAY A, A TWO INCH OVERHANG OR A TWO FOOT OVERHANG FOR THE CARPORT? UH, THE MOTION SAYS TWO FOOT OVERHANG.
I, I MUST HAVE, I DON'T KNOW WHY I THOUGHT YOU SAID INTEREST.
UM, LET'S START THE DISCUSSION.
SHE, UM, YES, I THINK WE SHOULD GO AHEAD AND GRANT THIS VARIANCE.
UM, THE APPLICANT HAS STATED A REALLY COMPELLING CASE FOR THE REASONS FOR, UM, HAVING, UH, THE FENCE CLOSER TO, TO THE FRONT, UH, SETBACK.
UM, I HAVE OWNED A PIT BULL BEFORE AND THEY ARE EXTREMELY ATHLETIC DOGS AND THEY CAN JUMP A SIX FOOT FENCE.
SO I THINK THAT HER CONCERNS ARE VALID.
UM, AND IT SEEMS TO BE WORKING TO ALLEVIATE SOME OF THE PROBLEMS SHE'S BEEN HAVING.
AND COMMISSIONER, COMMISSIONER MANA? UM, I CONCUR WITH MS. MICHELLE AND, UM, YEAH, I, ONE OF MY QUESTIONS WAS JUST SEEING IF WE CAN FREE UP SOME OF THE CLEAR VISION, BUT, UM, PER THE DIALOGUE, IT APPEARS THAT JUST THE, THE VISUAL INTO THE YARD FROM, FROM THE NEIGHBOR'S DOG, UH, IS, IS PART OF THE PROBLEM AS WELL.
AND SO HAVING A HIGHER FENCE WILL RESOLVE THAT.
SO I'LL BE SUPPORTING SUPPORTING THE MOTION IS READ.
ARE THERE ANY OTHER, UH, COMMISSIONERS YOU'D LIKE TO ADD TO THE DISCUSSION? MANCHACA COMMISSIONER MANCHACA? UH, I WILL BE AGAINST THIS.
UH, I KNOW THERE ARE A LOT OF PEOPLE ISSUES HERE, ANIMAL ISSUES AND POLICE ISSUES THAT ARE OUTSIDE THE SCOPE OF THIS REQUEST, AND THAT'S MY BASIS FOR NOT SUPPORTING THIS AND STAND FIRM WITH A CLEAR VISION.
UH, COMMISSIONER, ANY OTHER COMMISSIONERS? I HEARING NONE, I'M GONNA, I'M GONNA CHIME IN ON THIS.
I, YOU KNOW, WHEN I GO UP AND DOWN ON GOOGLE, UH, STREET VIEW, IT, IT SEEMS LIKE MOST OF THE HOMES, UH, IN THE AREA DO HAVE FENCING IN THE FRONT YARD.
I DID SEE AT LEAST ONE THAT WAS, THAT WAS WOOD.
UH, BUT YOU KNOW, WITH THIS PARTICULAR FENCING IS SERVING A, A FUNCTIONAL PURPOSE? I THINK IT, IT IS, UH, IT LOOKS, IT LOOKS GOOD AND PLEASING.
IT LOOKED LIKE IT WAS, UH, BUILT WELL SINCE IT HAS TO KEEP OUT SOME PRETTY STRONG, UH, DOGS.
UH, SO FOR, FOR THIS PARTICULAR, UH, CASE, I'M GONNA BE IN SUPPORT OF IT.
UH, AND ESPECIALLY SINCE THE NEXT ITEM THAT WE'RE GOING TO HEAR
[00:55:01]
RELATED TO THIS CASE IS IN REGARD TO THE EXCEPTION FOR THE, UH, FOR THE SOLID FENCING IN THE FRONT YARD, WHICH, UH, COULD BE AUGMENTED TO ADJUST, UH, TO ADDRESS ANY SORT OF THE CLEAR VISION.UH, BUT I'LL BE IN SUPPORT OF THE MOTION AS READ.
UH, STAFF, PLEASE TAKE A ROLL CALL VOTE.
MS. SHANA, I CONCUR WITH THE FINES OF FACTS.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
MR. UNA? YES, I CONCUR AND SHARE ORIAN.
UH, I'LL NOW ENTERTAIN A MOTION FOR THE SECOND PORTION OF THIS REGARDING, UH, THE FENCING IN THE, UH, PREDOMINANTLY OPEN FENCE, UH, VARIANCE, UH, IN THE FRONT YARD.
AND, UM, THIS JUST SO EVERYBODY ON THE, ON THE COMMISSION KNOWS WHOEVER DECIDES TO MAKE, UH, THE MOTION, UH, IF, IF, UH, IF THERE WAS A STRONG FEELING FOR HAVING WROUGHT IRON FOR, LET'S SAY THE FIRST FIVE FEET FROM THE, THE, FROM THE EXISTING FENCE POST, UH, THAT WOULD BE THE TIME TO, TO PUT THAT CON, PUT THAT SORT OF CONDITION ON THE MOTION AS FAR AS THAT LOCATION.
BUT WITH THAT IN MIND, WOULD ANYBODY LIKE TO TAKE A STAB AT THE MOTION, UH, SHERMAN.
SO, UM, SO I, I AM GOING TO TRY TO WORD IT, UM, AS, UH, MR. ORIAN WAS INDICATING WITH REGARDS TO THE, THE FIRST FIVE FEET BEING PREDOMINANTLY OPEN OR THE TOP PART OF IT BEING PREDOMINANTLY OPEN.
SO STILL ALLOWING FOR THE HEIGHT, BUT, UH, ALLOWING, UH, ASKING YOU TO BE PREDOMINANTLY OPEN.
UM, REGARDING CASE NUMBER BO A 2 1 1 0 3 0 0 0 4 3, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR SPECIAL EXCEPTION FOR THE PERMITTED FIVE FOOT, PREDOMINANTLY OPEN FENCE IN SECTION FOUR THREE TO ALLOW A FRONT YARD FENCE TO BE SIX FOOT TALL PRIVACY FENCE WITH, UH, THE LAST FIVE FEET TOWARDS THE STREET BEING PREDOMINANTLY OPEN AS WELL.
SITUATED AT FOUR, UH, 19, UH, TIRO STREET APPLICANT BEING ROSEMARIE OCHOA.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE HAVE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A AUR ENFORCEMENT OF THE PROVISION OF THE UNIFIED DEVELOPMENT CODE AS AMEN WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT PURPOSE OF THE CHAPTER.
THE EXCEPTION WILL ONLY ALLOW FOR A SIDE FRONT YARD FENCE HEIGHT OF SIX FOOT, WHICH IS IN HARMONY WITH THE SPIRIT OF THE PURPOSE OF THIS CHAPTER.
UM, AND WE'RE ASKING FOR THE, THE, THE FIVE FEET CLOSEST TO THE STREET TO BE OPEN FENCING SO THAT IT ALLOWS FOR, UH, A CLEAR VISION.
UH, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
PUBLIC WELFARE AND CONVENIENCE WILL BE SERVED BY THE MAINTENANCE OF THE NEW FENCE.
UH, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTY WILL BE SUBSTANTIALLY WILL NOT.
IT LOOKED LIKE HE, UH, GOT DISCONNECTED.
IT LOOKS LIKE MR. MANNA HAS SOME CONNECTION ISSUES BECAUSE WE'RE SEEING ON OUR SIDE THAT HE HAS LOW BANDWIDTH.
OKAY, THE LIGHT JUST WENT OFF.
DO YOU SEE HIM POPPING BACK IN? NO.
SO WOULD ANOTHER COMMISSIONER LIKE TO TAKE OVER THE MOTION? YEAH, I COULD TAKE OVER THE MOTION.
UM, I'LL JUST START AT THE TOP.
WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT OF THE PURPOSE OF THE CHAPTER.
THE EXCEPTION WOULD ONLY ALLOW FOR A SIDE FRONT YARD FENCE HEIGHT OF SIX FOOT, WHICH IS IN HARMONY WITH THE SPIRIT OF PURPOSE OF THE CHAPTER B.
THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
PUBLIC WELFARE AND CONVENIENCE WILL BE SERVED BY THE MAINTENANCE OF THE NEW FENCE.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY THE PROPOSED SPECIAL EXCEPTION.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE SPECIAL, THE SPECIAL EXCEPTION, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH A SPECIAL
[01:00:01]
EXCEPTION IS SOUGHT.AND EVE, THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE PRIMARY USE OF THE DWELLING IS A SINGLE FAMILY HOME.
THE ADVANCING OF THE SPECIAL EXCEPTION WILL NOT WEAKEN THE PURPOSE OF THE RESIDENTIAL ZONING DISTRICT AND THE SPECIAL EXCEPTION MOTION MOTION.
KATHY, DO WE, COMMISSIONER MAN.
UH, UH, COMMISSIONER A ZUNA, UH, READ THE MOTION CONTINUED WHERE YOU STOPPED.
WOULD YOU LIKE TO MEET? BE THE SECOND SECOND THEN.
WE'LL GET THE SECOND AND, UH, LET'S, UH, START THE DISCUSSION.
UH, I'M GONNA GO AHEAD AND LET COMMISSIONER MANNA GO FIRST SINCE HE, SORRY ABOUT ALL THIS, BUT
SO, UM, WELL I THINK THAT, YOU KNOW, BY, BY ALLOWING FULL SAFE FOR THIS FLIGHT ADJUSTMENT, WE, WE SATISFY PART OF THE OPEN VISION, UM, CHALLENGES THAT MAY BE HERE, BUT STILL ALLOW FOR, UM, THE, THE LOWER SECTION TO BE SOLID SENSING TO KIND OF KEEP SOME OF THE PRIVATE, BUT, YOU KNOW, STILL ALLOW FOR THE, UH, FOR THE OPEN REGULATION OR OPEN, UH, VIEWING, UH, IN, IN THE LAST FIVE FEET OF IT.
SO, SO, UM, HOPEFULLY THAT WILL SATISFY SOME OF THE OTHER COMMISSIONER'S QUESTION.
AND COMMISSIONER ZUNA? YEAH, UH, SAME CONCERN THEN THAT THE, THE, UM, THE BROAD IRON FAN WILL PROVIDE THE VISUAL, UM, CON CONTINUITY THAT SUPPORTS THE MOTION.
UM, I JUST WANTED TO CLARIFY WHAT WE'RE, WHAT WE'RE VOTING ON.
SO THE, THE, THE FIRST FIVE FEET FROM, FROM THE, UH, FROM THE, THE WROUGHT IRON THAT RUNS ACROSS THE PARALLEL OF THE STREET, UH, WE'RE, WE'RE WE'RE SAYING THE MOTION IS FOR IT TO BE PREDOMINANTLY OPEN ABOVE THREE FEET.
IS THAT WHAT YOU'RE ASKING FOR? OR ARE YOU ASKING FOR THE ENTIRE FENCE FOR THAT? FOR THAT FIVE ABOVE THE THREE FEET.
ABOVE THE THREE FEET ABOVE THREE FEET TO BE PREDOMINANTLY OPEN.
AND DID YOU WANT TO SET A PERCENTAGE? NORMALLY PREDOMINANTLY OPEN NEEDS A CERTAIN PERCENTAGE.
DID YOU WANT TO GIVE THEM A HUNDRED?
75% I BELIEVE IS THE, IS THE NORMAL STANDARD.
THAT IS A, THAT'S THE MOTION BEFORE AND, AND STAFF.
IS THERE ANY CONFLICT WITH THE CODE THE WAY WE'RE DOING THIS? OH, TO, TO CLARIFY, ON THE PREDOMINANTLY OPEN IT'S 70%.
I JUST WANTED TO MAKE SURE EVERYTHING'S, UH, ALL WRAPPED UP THERE.
SO WITH THAT IN MIND, IS THERE ANY COMMISSIONER QUESTION? UH, COMMISSIONER DISCUSSION SHELL, COMMISSIONER SHELL, UM, I HAVE A CONCERN THAT IF WE ASK THE APPLICANT TO CHANGE THE TOP OF THAT FENCE, IT'S GOING TO RENDER THE FENCE USELESS FOR THE PURPOSE.
THE PURPOSE IS TO KEEP THE DOGS OUT.
THOSE DOGS ARE THEN GONNA HAVE FOOTHOLDS TO BE ABLE TO CLIMB.
UM, I, I JUST, I UNDERSTAND THE CLEAR VISION ISSUE, BUT I, I THINK REQUIRING THEM TO HAVE IT PREDOMINANTLY OPEN AT THE TOP IS GONNA DEFEAT THE PURPOSE.
UH, IS THERE A, UH, ANY, LET'S, LET'S TRY TO FIND, UH, IS THERE A COMMISSIONER THAT HAS A CONTRACTING VIEW OR, OR ANY, UH, ADDITIONAL INSIGHT TO BRING INTO THIS? BECAUSE I KNOW THAT WHEN THE FIRST MO, WHEN THE FIRST MOTION WAS READ, IT WAS, IT WAS NINE TO ONE AND THAT'S THAT BARELY MET THE, UH, REQUIREMENT.
SO IS THERE, IS THERE ANYBODY THAT IS, WOULD BE OPPOSED TO THIS MOTION? WOULD LIKE TO ALSO LIKE TO CHIME IN? ANA, I, OKAY, GO AHEAD.
GO AHEAD, MS. PEEL, I'LL LET YOU.
I, I'M IN AGREEMENT WITH MICHELLE.
UM, I THOUGHT I MADE THAT PRETTY CLEAR EARLIER.
UM, I WOULD STILL VOTE IN FAVOR OF THIS IN ORDER TO HELP THIS APPLICANT GET SOME SORT OF COMPROMISE HERE, BUT I DO STRONGLY FEEL THAT THE FIRST FIVE FEET BEING OPEN COMPLETELY RUINS THE, THE PURPOSE OF THE FENCE IN THE FIRST PLACE.
UM, ANY OTHER COMMISSIONERS LIKE TO CHIME IN ABOUT THE, THAT FIRST FIVE FEET OF SECTION OF FENCE BEING PREDOMINANTLY OPEN OR SOLID? SO, MANNA COMMISSIONER, MANNA, SO THIS QUESTION MAY BE FOR BOTH KE AND
UM, SO IF IT WAS A HUNDRED PERCENT SO ALL THE WAY DOWN TO THE GROUND WITH REGARDS TO THE, THE OPEN VISION, UH, UH OR 7% OPEN.
UM, IT WAS INDICATED BEFORE THAT THE DOGS WERE NOT, UH, I GUESS, UM, ENTERING FROM THE FRONT YARD.
SO IT WOULD SEEM THAT HAVING A SIMILAR FENCE ON THE, ON THAT FIRST FIVE FEET WOULD SATISFY, YOU KNOW, WOULD, WOULD ALSO KEEP THAT OUT AND KEEP THEM FROM ABLE TO JUMP IN.
SO, UM, YOU KNOW, IS THERE, DOES THAT SOUND LOGICAL OR SOUND NOTWITHSTANDING WITH REGARDS TO, YOU KNOW, BLOCKING THE VIEW OR BLOCKING THE ABILITY FOR THE DOGS AT THE END OF THE YARD? DOES THAT ALSO MAKE SENSE FROM BE ABLE TO KEEP THE DOGS OUT, WHICH IS I THINK KIND OF OUR INTENT TEAL, UH, THAT REQUIRES THEM TO JUMP TWO FENCES IN THAT INSTANCE.
SO THERE'S A FENCE IN BETWEEN THE TWO PROPERTIES ON THE SIDE YARD THAT WOULD CLEAR ONE FENCE TO GET OVER.
IN ORDER FOR THEM TO GO THROUGH THE FRONT, THEY'D HAVE TO CLEAR THEIR FRONT FENCE,
[01:05:01]
THEN GO, AND THEN CLEAR THE FRONT FENCE OVER THERE.WELL WE HAVE, WE HAVE A COUPLE WAYS WE CAN DO THIS.
UH, WE CAN, WE CAN PROCEED WITH THE VOTE HAS READ OR WE CAN PROCEED WITH IT AS ORIGINALLY INTENDED AND SEE IF IT, UH, PASSES AND THEN LOOK FOR SOMEONE IN THE DESCENDING TO MAKE AN ADJUSTMENT.
SO, UM, I'M LOOKING FOR ANY, ANY COMMENTARY TOWARDS THAT IS, IS, UH, ONE OF THE, WOULD ONE OF THE COMMISSIONERS WHO WAS, YOU KNOW, IN DISSENT FOR THE PREVIOUS VOTE WOULD LIKE TO EXPRESS THEIR OPINION ON THIS SHALL COMMISSIONER? SHE, UM, I JUST WAS WONDERING, CAN THE MOTION JUST BE AMENDED? UH, I MEAN, ABSOLUTELY.
THAT IT'S, LET'S, LET'S, LET'S SEE HOW THAT FARES.
UH, SHALL COMMISSIONER SHELL, YOU REQUEST ANY AMENDMENT FOR IT TO BE AS, TO BE AS, UH, UH, FOR THE SUGGESTED TEMPLATE? YES.
IS THERE A SECOND TO THE AMENDMENT? MACHACA.
COMMISSIONER MACHACA, UH, PLEASE, UH, STAFF, PLEASE TAKE A ROLL CALL, VOTE ON THE AMENDMENT TO SEE IF THAT PASSES.
SO COULD, UM, SO WHAT, WHAT IS IT THAT WE'RE VOTING ON AT THIS POINT? SO THE MOTION HAS ORIGINALLY SUBMITTED, UH, IT'S, IT'S A MOTION AS, AS PER THE STAFF TEMPLATE WHERE IT'S SOLID ALL THE WAY UP.
JUST TO SEE HOW THAT STANDS AS AN AMENDMENT.
SO I JUST WANNA MAKE SURE THAT THAT WAS READ INTO THE MOTION, YOU KNOW, SO THAT IT WAS RECOGNIZED.
'CAUSE I DON'T KNOW IF NECESSARILY THE, THE TEMPLATES ARE PUBLIC, SO YEAH, SO THE, THE MOTION WOULD BE AN AMENDMENT TO MAKE FENCE, UH, UH, SIX FOOT TALL PRIVACY FENCE, UM, SOLID IN THE FRONT YARD.
SO,
NOW WE HAVE NEW MOTION, WHICH WE COULDN'T MAKE
WELL, IT'S AN AMENDMENT FRIENDLY.
IT WELL, IT, WELL, YES, BUT I'M JUST ASKING TO, IS IT A FRIENDLY AMENDMENT? NO.
WE'RE, WE'RE GONNA VOTE ON THE AMENDMENT, UH, TO SEE IF A CONSENSUS OF THE, OF THE, UH, OF THE COMMISSION WOULD LIKE TO GO BACK TO WHERE THE WAY IT WAS IN THE SUGGESTED TEMPLATE.
SO IF THIS MOTION PASSES, THEN IT BECOMES THE MAIN MOTION AND THEN YOU VOTE ON IT AGAIN.
SO THEN, ALRIGHT, TAKE, TAKE THE MO TAKE THE ROLL CALL.
WE'RE DOING THE ROLL CALL OF THE AMENDED MOTION.
AND FOR THE RECORD, KEVIN LOVE DID JOIN THE MEETING.
UM, HE DID LET ME KNOW THAT HE HAS HEARD ENOUGH TO ACTUALLY VOTE ON THE ITEM.
DOES ANY COMMISSIONERS HAVE ANY QUESTIONS BEFORE THE VOTE IS TAKEN ON? WHAT WE'RE ACTUALLY VOTING ON, UH, MANCHACA COMMISSIONER MANCHACA, UH, I JUST WANNA MAKE SURE ALL THE COMMISSIONERS, I JUST HAVE A CLEAR, UH, CLARIFICATION OF WHAT WE'RE DISCUSSING HERE BECAUSE OF THE, UH, HEIGHT AND THE FRONTAGE OF THE THING, COULD THAT BE REPEATED AGAIN SO EVERYBODY HAS IT IN THEIR MIND, PLEASE? YES.
THERE IS A, THERE WAS A MOTION READ, UH, BY COMMISSIONER MANNA SO THAT YOU COULD HAVE A, UH, A SPECIAL EXCEPTION TO ALLOW A FRONT YARD FENCE TO BE SIX FOOT TALL WITH EXCEPTION TO THE FIRST FIVE FEET FROM THE STREET, WHICH WOULD BE, UH, SIX FOOT TALL, BUT PREDOMINANTLY OPEN, NOT SOLID.
THE AMENDMENT IS TO, FOR IT TO NOT INCLUDE, UH, THE, THE FIVE FOOT PREDOMINANTLY OPEN PORTION.
SO STAFF, PLEASE THINK OF VOTE.
AND, AND JUST TO CLARIFY FOR EVERYBODY, THE AMENDED MOTION IS TO APPROVE AS REQUESTED BY THE APPLICANT? YES.
I VOTE TO APPROVE THE AMENDMENT TO APPROVE AS REQUESTED BY THE APPLICANT.
OKAY, MR. MANCHACA? I CONCUR THE SAME THING.
MR. MANA, I CONCUR WITH THE, UH, MOTION AS AMENDED.
MR. UNA? YES, I CONCUR AND SHARE ORIAN.
I ALSO CONCUR THE MOTION TO PASSES UNANIMOUSLY.
THAT MEANS THAT WE NOW HAVE A MOTION, UH, BEFORE US TO, UM, AS, AS, AS,
[01:10:01]
UH, FOR WHAT THE APPLICANT ORIGINALLY INTENDED.SO IF THERE'S ANY FURTHER, UNLESS THERE'S ANY FURTHER DISCUSSION, WE CAN TAKE A ROLL CALL VOTE ON THAT STAFF.
PLEASE PROCEED WITH THE ROLL CALL VOTE.
UH, I JUST WANTED TO LET THE COMMISSION KNOW THE REASON WHY, UM, I, I, I, I KIND OF WANTED IT DONE THAT WAY.
IS THAT IT, IT, IT ALLOWS US TO NOT HAVE TO RE VOTE TO RECONSIDER OR HAVE SOMEONE, UH, IN DISSENT TO, UM, TO REGENERATE A MOTION.
[4. 21-3616 BOA-21-10300041]
NEXT CASE PLEASE.NEXT CASE IS 3 3 9 MCCAULEY AVENUE D OA 21 1 0 3 0 0 0 4 1 COUNCIL DISTRICT THREE.
THE APPLICANT IS JUAN GARCIA'S REQUEST FOR A FOUR FOOT 11 INCH VARIANCE.
THE REQUIRED FIVE FOOT SIDE SETBACK WITH A ONE FOOT, UH, FIVE INCH OVERHANG AS REQUIRED.
TABLE THREE 10 TO LIKE ONE INCH, UH, CARPORT, SIDE SETBACK AND TWO AND EIGHT FOOT SIX INCH VARIANCE.
THE REQUIRED 10 FOOT FRONT SETBACK AS REQUIRED, AND THREE 10 WITH A TWO FOOT OVERHANG FOR A CARPORT.
UH, CURRENT ZONING IS R SIX MLD TWO CENTRAL PROPERTY LOCATED AT 3 3 9 MCCAULEY AVENUE NEAR THE INTERSECTION OF PLEASANTON ROAD AND SOUTHWEST MILITARY DRIVE.
THE NEIGHBORHOOD IS PREDOMINANTLY SURROUNDED BY SINGLE FAMILY PROPERTIES.
THE ABUTTING PROPERTY TO THE WEST IS CITY RIGHT OF WAY, ALTHOUGH IT APPEARS TO BE VACANT LOT, IT APPEARS TO ALSO HAVE BEEN A PAPER STREET.
THE APPLICANT BUILT A CARPORT IN THE FRONT OF THE EXISTING HOME, UH, WHICH INTRUDES FOUR FEET, 11 INCHES INTO THE SIDE SETBACK WITH POST BEING ONE FOOT SIX INCHES FROM THE SIDE YARD, UH, WITH APPROXIMATELY ONE FOOT FIVE INCH OVERHANG.
UH, THERE IS CURRENTLY A, UH, GUTTERS ESTABLISHED, WHICH ACTUALLY GO INTO THE RIGHT OF WAY.
THOSE WILL HAVE TO BE CUT BACK.
THE FAR FORWARD IS ALSO EIGHT FEET, SIX INCHES INTO THE FRONT SETBACK WITH POST BEING THREE FOOT SIX INCHES FROM THE FRONT SETBACK WITH A ONE FOOT SIX INCH OVERHANG WITH GUTTERS.
WHILE THERE ARE A FEW CARPORTS IN THE NEIGHBORHOOD, THE MAJORITY ARE SITUATED ON THE SIDE OF THE RESIDENCE.
SIDE PLAN OF THE PROPERTY HERE IS THE CARPORT.
THE FENCE LINE IS THE, UH, PROPERTY LINE, OR APPEARS TO BE BASED ON THE PLAT.
THIS GIVES YOU AN INDICATION OF THE FENCE LINE VERSUS THE, UH, CARPORT AND THE GUTTER SYSTEM NEIGHBORING PROPERTIES.
UH, FOR THIS, THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL OF THE FOUR FOOT 11 INCH VARIANCE AT THE MINIMUM SIDE SETBACK REQUIREMENT OF FIVE FEET TO ALLOW A CARPORT TO BE ONE INCH AWAY FROM THE SIDE PROPERTY LINE WITH AN ALTERNATE RECOMMENDATION FOR A TWO FOOT VARIANCE TO ALLOW THE CARPORT TO BE THREE FEET AWAY FROM THE SIDE PROPERTY LINE AND O 1 0 3 0 0 0 4 1.
BASED ON THE FOLLOWING FINDINGS OF FACTS, THE INTERIOR WIDTH OF THE CARPORT CAN MAINTAIN TWO VEHICLES PARKED SIDE BY SIDE, AND A THREE FOOT SIDE SET EFFECT WOULD PROVIDE ENOUGH SPACE FOR MAINTENANCE OF STRUCTURE.
CURRENTLY WITH A THREE FOOT, UH, SIDE SETBACK, THAT WOULD LEAVE THE CARPORT AT 19 FEET, FOUR INCHES IN WIDTH.
THE FRONT SETBACK VARIANCE STAFF RECOMMENDS DENIAL OF AN EIGHT FOOT SIX INCH VARIANCE TO ALLOW
BASED ON THE FOLLOWING FINDINGS OF FACT, THE APPLICANT CAN REDUCE THE CARDBOARD TO MAINTAIN A 10 FOOT FRONT SETBACK, UM, WHILE STILL MAINTAINING A 25 FOOT DEEP CARPORT.
NOTICES WERE SENT OUT OR RECEIVED IN FAVOR? ZERO IN OPPOSITION.
[01:15:01]
NO NEIGHBOR ASSOCIATION.UH, STAFF, BEFORE WE MOVE ON TO THE APPLICANT, CAN YOU PLEASE CLARIFY WHETHER OR NOT THERE'S ANY CREDIT ASSOCIATED WITH THE PAPER RIGHT OF WAY THAT'S ON THE SIDE, LIKE IT WOULD ON A, ON A REAR, LIKE WITH AN ALLEY? UH, NOT IN THIS CASE BECAUSE IT'S A PAPER STREET, UM, AN ALLEYWAY, UH, COULD YOU, YOU COULD ACTUALLY USE HALF OF IT TOWARDS YOUR SETBACK.
IS THAT OUT? IS THAT STREET EVER GONNA BE BUILT OUT? UM, ALL INDICATIONS ARE THAT IT WILL NOT BE BUILT OUT AT THIS TIME, BUT IT IS A PAPER STREET AT, AT THIS POINT.
UH, WE DO HAVE THE OPPOSITE LINE.
WE DO HAVE SPANISH TRANSLATIONS WHO WILL BE TRANSLATING FROM MR. GARCIA GARCIA.
STAFF, BEFORE WE MOVE ON, I JUST WANTED TO CLARIFY.
IF THE STREET WERE BUILT OUT, THEY WOULD'VE, THEY WOULD RECEIVE CREDIT OR NOT RECEIVE CREDIT? NO, SIR.
NOT IF IT WAS A STREET THAT WAS BUILT OUT.
IF IT WERE AN ALLEYWAY, THEY COULD, BUT NOT A STREET BUILT OUT.
I JUST WANTED TO FOR THAT TO BE CLARIFIED.
LET'S MOVE ON TO THE APPLICANT'S PRESENTATION.
UM, DO I HANG UP OR, OR WHAT HAPPENED? UH, IS THIS YOU HANG UP, MA'AM? YES.
SO, MR. GAR, MR. GARCIA, DO YOU WANT ME TO GIVE MR. GARCIA INSTRUCTION? GARCIA? OKAY.
MY NAME IS JUAN GARCIA AND THE ADDRESS IS 3 3 9 MCCAULEY SAN ANTONIO, TEXAS 7 8 2 21.
WITH ALL DUE RESPECT, IT'S JUST THAT I DIDN'T KNOW THAT, UH, THAT FENCE TO THAT SIDE OF THE, THE, OF MY PROPERTY, I THOUGHT IT WAS AN EMPTY LOT, AND I THOUGHT THAT WAS GOING TO BE A STREET THAT WAS GOING TO BE FINISHED, AND THEN THE CEMENT THERE GOES ALL THE WAY UP TO MY FENCE.
AND THAT'S WHY I THOUGHT THAT WITH THOSE FIVE FEET, I WOULD HAVE ENOUGH ROOM THERE FOR MY TRUCK CONTINUOUS.
AND RIGHT NOW THAT THERE'S A LOT OF WATER FALLING, AND I WANTED TO SEE IF I COULD KEEP MY VEHICLE PROTECTED BECAUSE OF MY FAMILY.
AND WITH ALL YOU RESPECT, UH, THAT'S WHAT I'M ASKING FOR.
[01:20:01]
UH, IS THAT, IS THAT THE END OF, UH, THE ADVOCATE'S PRESENTATION? YES.BECAUSE THAT, THAT, THAT'S ALL I REALLY WANTED TO ASK YOU AND TO EXPRESS TO YOU AND, AND TO SAY THANK YOU.
UH, STAFF, IS THERE ANY PUBLIC COMMENTARY TO READ INTO THE RECORD? YES, SIR.
UH, MY NAME IS ALBERT CASTILLO.
I RESIDE AT 6 46 ALIA AVENUE IN SAN ANTONIO.
I'M WRITING IN REFERENCE TO CASE 8 0 0 4 1.
I'M WRITING TO INFORM YOU THAT I HAVE NO OBJECTIONS TO PROPOSED PROJECT AT THREE 30 MCCAULEY, UH, TO CONTINUE AS PLANNED.
THANK YOU FOR YOUR COURTESY EXTENDING TO MY, ME INVOLVING, UH, THIS SUBJECT ALBERT CASTILLO.
NEXT ONE IS FROM AN ANGELITA, UH, LOOKS LIKE VALENZUELA AT 3 26.
MCCAULEY IN FAVOR? YES, I APPROVE FOR MR. AND MRS. JUAN GARCIA TO THE CARPORT.
THEY HAVE IMPROVED, UH, THIS PROPERTY.
UH, THANK YOU FOR YOUR, FOR ASKING.
AND THEN THE LAST ONE IS RUN, UH, BARRA AT 3 21 EAST PARK, ALSO IN FAVOR.
THAT CONCLUDES THE COMMENTARY.
UM, IS THERE ANY COMMISSIONER QUESTIONS? NONE.
UH, IS THAT COMMISSIONER MIN CHAKA? YOU ASKED, UH, YOU WERE, DID YOU CALL ON ME? YES.
I, I BELIEVE THAT WAS THE APPLICANT THAT, THAT MADE THE COMMENT, SIR.
I DON'T KNOW THAT IT WAS MR. MIN CHAKA.
NO, I'M JUST, I WAS JUST, UH, UH, SEEING THE, UH, THE OVERBUILD ON THIS THING HERE.
AND, UM, UH, I'M CONCERNED IF THE LOT'S ON THE RIGHT, ON THE LEFT THAT IT'S OPEN RIGHT NOW.
IS THAT A FUTURE LEFT OR BUILDING FOR CONSTRUCTION? NO, SIR.
AT THIS TIME IT'S RIGHT OF WAY.
IT, IT APPEARS THAT THE STREET WAS SUPPOSED TO CUT OVER AND END RIGHT NEXT DOOR TO THEM.
THE REASON I ASK THAT BECAUSE I SEE THE SIDEWALK AND IT WAS A CONFLICTING, I DIDN'T KNOW WHAT IT MEANT AND HOW IT MEANT IN TERMS OF HIS, UH, UH, THE EXTENSION OF THE CARDBOARD.
IS THERE ANY OTHER COMMISSIONERS THAT'D LIKE TO, UH, ASK A QUESTION? OKAY.
UH, STAFF, UH, AND I'M NOT TRYING TO CHANGE THE SUBJECT HERE, BUT THE, THE TREE HOUSES IN THE FRONT YARD, IS THAT COME INTO PLAY AS FAR AS SETBACKS OR ANYTHING? NO, SIR.
IT, FOR US, IT'S SPECIFICALLY JUST THE, UH, THE CARPORT.
AND HOW DEEP DID YOU MEASURE THE DEPTH OF THE CARPORT? I KNOW THERE'S A SITE PLAN PROVIDED, UH, WITH THE APPLICATION.
UH, AND, AND ACCORDING TO THE SITE PLAN, IT LOOKS LIKE IT'S 32 FEET, FOUR INCHES DEEP AND 21 8 WIDE.
WE ACTUALLY MEASURED IT OUT OUR 33 INCHES.
UM, AND IN DEPTH, UM, WIDTH, IT WAS 33 FEET.
AND IT WAS 20 FEET, 10 INCHES IN, UH, IN WIDTH.
THE, AND THE SITE PLAN SHOWS A, A THREE FOOT ON THE SIDE OF THE CARPORT.
DOES THAT SUPPOSED TO, WHAT DOES THAT SIGNIFY THAT SIGNIFY ANYTHING? UH, NO, SIR.
WHEN WE WERE OUT THERE, THE MEASUREMENTS THAT WE HAD WERE A LOT LESS.
ESPECIALLY WITH THE OVERHANG BEING SO CLOSE.
BUT THE DEPTH, BUT THE DEPTH OF 33 FEET AND THAT, THAT'S THAT.
SO BASED ON OUR, BASED ON OUR MEASUREMENTS AT THE 10 FOOT, IF IF THEY WERE TO MAINTAIN THE 10 FOOT, THEY'D STILL HAVE 25 FEET IN DEPTH.
UH, SO IS, UM, DID STAFF, DID YOU EXPLAIN TO THE, THE APPLICANT ABOUT THE PROCESS FOR REQUESTING CLOSURE OF THE STREET AS A WAY TO POSSIBLY GAIN SOME ADDITIONAL, UH, PROPERTY ON THE SIDE OF, DID THAT EVER COME UP AS, AS AN ALTERNATIVE? UH, NO, SIR.
I KNOW THE APPLICANT'S BEEN DEALING WITH THE COUNCIL OFFICE FOR SEVERAL MONTHS, BUT I DON'T BELIEVE THAT THAT CONVERSATION'S COME UP AT THIS POINT.
IS THERE ANY OTHER COMMISSIONERS LIKE TO ASK A QUESTION BEFORE WE CLOSE MANNA, MR. MANNA? UM, I JUST WANTED TO FOLLOW UP WITH, UH, I GUESS MR. AKA'S, UH, LINE OF QUESTIONING.
AND SO WITH REGARDS TO THE FUTURE OF THAT PROPERTY RIGHT NOW, LISTED RIGHT OF WAY, CAN THAT CHANGE TO, UM, ANY OTHER, UM,
[01:25:01]
I GUESS ZONING, UH, OR, OR ANY OTHER POSITION OUTSIDE OF RIGHT OF WAY THAT CAN ALWAYS BE REQUESTED? IT WOULD GO THROUGH PUBLIC WORKS, UM, TO SEE IF, UH, SOMEBODY COULD PURCHASE THE RIGHT OF WAY.YOU ULTIMATELY CAN PURCHASE UP TO HALF OF A RIGHT OF WAY ALLEYS, YOU KNOW, THINGS THAT ARE NOT BEING USED.
UM, AS FAR AS THE ZONING, THE ZONING WOULD TRANSITION OVER.
SO THE, IF IT WERE TO BE PURCHASED AND MADE PUBLIC OR PRIVATE, IT WOULD HAVE RESIDENTIAL ZONING, BUT THERE WOULD BE A PROCESS BEHIND THAT AND STAFF ON THAT.
ON, ON, ON THAT, UH, EXPLANATION, UH, ARE YOU ALLOWED TO REQUEST HALF OF THE STREET, CLOSED HALF THAT YOU WOULD BE ABUTTING OR DOES THE ENTIRE STREET HAVE TO BE REQUEST CLOSED DURING THAT PROCESS? GOOD QUESTION.
THAT WOULD BE A PUBLIC WORKS THING.
WHEN IT COMES TO ALLEYWAYS SPECIFICALLY, YOU'RE ALLOWED TO PURCHASE HALF UNLESS THE OTHER OWNER CHOSE NOT TO, THEN YOU'RE ALLOWED TO BUY THE ENTIRE THING.
AND WOULD THAT HAVE TO, WOULD ALLEYWAY, WOULD THAT HAVE TO GO TO THE PLANNING COMMISSION AS A, AS A REQUEST FOR SUR TO BE DEEMED SURPLUS PROPERTY? THAT IS CORRECT.
BECAUSE I'VE, I'VE, IN MY, IN MY PROFESSION, IN THE CONDUCT OF MY PROFESSIONAL DUTIES OVER THE YEARS, I'VE, I'VE BEEN INVOLVED WITH SOME ALLEY AND STREET CLOSURES.
IT'S, IT'S BEEN A FEW YEARS AND I'VE NEVER HAD ANYONE REQUEST, YOU KNOW, NOT ALL OF IT CLOSED.
UH, SO I WAS JUST CURIOUS TO KNOW IF THAT WAS OUT THERE.
BUT I WILL SAY THAT THE, THE, UH, THE FEE IS $500, YOU KNOW, PLUS, AND I PLUS I THINK THEY, THEY LOOK FOR 80% OF THE DCA ASSESSED VALUE OF THE AREA, I THINK IS WHAT THE, THE STANDARD RATE IS.
UH, PLEASE CORRECT ME IF I'M INCORRECT ON THAT, BUT IT, YOU KNOW, IT, IT, IT MAY BE AN ALTERNATIVE FOR THIS, FOR THIS APPLICANT.
UM, SO IS THERE ANY OTHER QUESTIONS? NONE.
SO MAY I, I'M LOOKING FOR A MOTION ON THIS CASE PLEASE.
UM, AND WHOEVER, WHOEVER WOULD LIKE TO MAKE A MOTION, UH, SETH, DO YOU HAVE YOUR SUGGESTION TEMPLATE FOR THE ALTERNATE MOTION IN HERE? NO, SIR.
WE WE'RE ACTUALLY ONLY GOING WITH THE OTHER, UM, THAT WOULD BE UP TO THE PURVIEW OF THE BOARD IF THEY WANT TO GO WITH THE ALTERNATE RECOMMENDATION.
BUT, BUT IN YOUR ALTERNATE RECOMMENDATION, IT'S, IT'S, YOU'RE SAYING IT'S, UH, A VARIANCE FOR A TWO FOOT VARIANCE OF THE SITE SETBACK TO ALLOW, UH, THREE FOOT INTO THE FIVE FOOT, AND THEN NO VARIANCE ON THE FRONT.
IS THAT CORRECT? THAT IS THE ALTERNATE RECOMMENDATION FROM STAFF? YES, SIR.
IS THERE A COMMISSIONER THAT WOULD LIKE TO MAKE A, A MOTION? EITHER WAY.
YEAH, BUT, UH, ANYONE MADAM, MR. MAY MANON.
SO, UM, REGARDING CASE NUMBER BOA 2 1 1 0 3 0 0 0 4 1, I MOVED AT THE BOARD OF ADJUSTING GRANT, A REQUEST FOR A TWO FOOT VARIANCE TO ALLOW CARPORT TO BE THREE FOOT AWAY FROM THE SIDE PROPERTY LINE.
SITUATED AT, UH, 3 3 9 MCCAULEY AVENUE, APPLICANT BEING JUAN GARCIA, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE HAVE DETERMINED SHOWS 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.
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 TWO FOOT, UH, THE TWO FOOT ENCROACHMENT INTO THE SIDE SETBACK, UH, UH, IS NOT CONTRARY TO PUBLIC INTEREST DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP, ALLOWING THE PROPERTY TO MAINTAIN A THREE FOOT SIDE SETBACK.
I'M GETTING MY BIG, UH, SO MAKE SURE MY NUMBERS ARE CORRECT.
THREE FOOT SIDE SETBACK, UM, WILL CREATE UNNECESSARY, UH, WE'LL SEE.
ALLOWING PROPERTY OWNER TO MAINTAIN A THREE FOOT SIDE SETBACK WILL CREATE UNNECESSARY HARDSHIP BY GRANTED IN THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SIDE SETBACK REQUIREMENT IS TO ALLOW SPACE AND ACCESS BETWEEN ADJACENT PROPERTIES.
HOWEVER, THE ABUTTING PROPERTY IS A CITY RIGHT OF WAY, AND A REDUCED SIDE SETBACK OF, UH, THREE FOOT OF TWO FOOT WOULD BE APPROPRIATE.
THE FRONT CARPORT SETBACK REQUIREMENT, UM, UH, DOES NOT PROVIDE, UH, FOR OR, OR IS, DOES NOT REQUIRED HERE.
UH, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE 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.
[01:30:01]
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE SUBJECT CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.THE BOARD FINDS THAT HAVING A LESSER SIDE, UH, FOR THE SUBJECT CARPORT DOES NOT POSE IMMEDIATE RISK TO ADJACENT PROPERTY AND LEAVES ENOUGH ROOM FOR MAINTENANCE AND STRUCTURE SUPPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, OR ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS THAT THE, THE OWNER IS NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT REALLY FINANCIAL AND ARE NOT DUE TO THE OF CONDITIONS IN THE DISTRICT.
GO AHEAD AND, UH, COMMISSIONER MINCHA HAS A SECOND.
AND SO WE HAVE A MOTION AND A SECOND FOR ONLY, FOR ONLY A TWO FOOT VARIANCE OF THE MINIMUM SIDE SETBACK TO ALLOW A CARPORT WITH, UH, A ONE AND A HALF FOOT, ONE, ONE FOOT FIVE INCH OVERHANG TO BE THREE FEET FROM THE SIDE PROPERTY LINE.
AND, UH, IS THERE ANY DISCUSSION ON THAT? COMMISSIONER MANN? UM, I THINK, YOU KNOW, I GUESS HAD IT BEEN THAT THE FIRST DIALOGUE HAD OCCURRED WITH REGARDS TO OWNING, UH, TAKING OWNERSHIP OF THAT SIDE PROPERTY, YOU KNOW, THIS WOULDN'T HAVE BEEN DIALOGUE AT ALL, BUT SINCE IT'S NOT, UM, YOU KNOW, I THINK THAT TO PROTECT THAT ONE PROPERTY, UM, I THINK THIS IS, UH, AN APPROPRIATE AMENDMENT, UH, UH, TO THE MOTION.
I CONCUR FOR THE SAME REASONS, UH, AND LOOKING AT, THINKING IT OVER IN THE QUESTIONS THAT YOU ASKED, WHICH I APPRECIATE, UH, POST THE FUTURE OF THIS PROPERTY.
THAT'S MY, UH, THAT'S WHY I PUT THE MOTION.
ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? UH, HEARING NONE, UH, STAFF, PLEASE TAKE A ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACTS.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
UH, PLEASE, UH, UH, MOVE ON TO THE NEXT CASE.
[5. 21-3633 BOA-21-10300045]
ALL RIGHT.B O A 21 1 0 3 0 0 0 4 5 LOCATED AT 13 4 1 1 MARLINE DRIVE COUNCIL, DISTRICT NINE APPLICANT IS FRANCISCO OJEDA.
IT'S A FOUR FOOT 11 INCH VARIANCE TO THE REQUIRED FIVE FOOT SIDE SETBACK AS REQUIRED IN TABLES TO THREE IN TO ALLOW ONE INCH SIDE SET BACK FOR PATIO COVER.
CURRENT ZONING IS R FIVE A H O D.
SUBJECT PROPERTY IS LOCATED AT, UH, MARSHALLING DRIVE, NORTH OF SAN ANTONIO INTERNATIONAL AIRPORT, AND WITHIN THE ARBOR UNIT FOR SUBDIVISION AND THE RECORDED PLATINUM 1979.
JUDGE, WE REFERENCING, UM, TOWN HOME DEVELOPMENT HAS ZERO LOT LINE TOWN HOMES ARE DEFINED AS A MINIMUM OF THREE ATTACHED STRUCTURES.
NOWHERE WITHIN THE PLAT UNFORTUNATELY IDENTIFIES ZERO LOT LINE DEVELOPMENT.
HOWEVER, THE NEIGHBORHOOD WAS BUILT IN THE EARLY 1980S AS SINGLE FAMILY DETACHED STRUCTURES GENERALLY BUILT AT ZERO LOT LINE WITH TWO FOOT OVERHANG INTO THE ADJACENT PROPERTIES FOR THIS PARTICULAR PROPERTY.
PERMITS WERE ISSUED, UM, IN 1984 WITH COMPLETE CONSTRUCTION AND INSPECTION IN 1985.
UNFORTUNATELY, THE OLD COMMENTS, UH, NONE REFRESHED, ZERO LOT LINE, SO THERE WAS NOTHING TO RELY ON FOR, FOR THE DEVELOPMENT.
IN GENERAL, UH, THE CURRENT U D C RULES REQUIRE SIDE SETBACKS OF FIVE FEET UNLESS THE SUBDIVISION IS PLATTED AS A ZERO LOT LINE DEVELOPMENT, UH, FOR ALL HOUSING TYPES, AS THE PLAT ONLY ALLOWS ZERO LOT LINE DEVELOPMENT FOR TOWNHOMES, DETACHING FAMILY, UH, WOULD REQUIRE FIVE FOOT SIDE SETBACKS.
THE APPLICANT IS REQUESTING TO RECONSTRUCT, UH, COVERED, UH, REAR PATIO TO ENCROACH INTO THE REQUIRED SIDE SETBACK AND TO BE ONE INCH AWAY FROM THE SIDE PROPERTY LINE.
THE SUBJECT PATIO APPEARS TO BE A REPLACEMENT TO A PREVIOUSLY EXISTING PATIO THAT WAS BUILT IN LINE WITH THE PRIMARY RESIDENCE ON THE PROPERTY LINE.
HERE'S A COPY OF THE SITE PLAN.
[01:35:01]
THE PATIO IS TO THE REAR OF THE PROPERTY, SUBJECT PROPERTY ITSELF, THAT IS THE SIDE PROPERTY LINE.THE PATIO WOULD BE BUILT ALONG WITH THAT, AND THAT THE ZERO LOT LINE APPEARS TO BE COMMON AMONGST THE, THE NEIGHBORHOOD WITH OVERHANG INTO THE NEIGHBORING LOTS SURROUNDING AREA.
STAFF DOES RECOMMEND APPROVAL OF D O A 21 1 0 3 0 0 0 4 5 BASED ON FOLLOWING FINDINGS OF FACT.
SUBJECT PATIO WILL BE IN LINE WITH THE PRIMARY STRUCTURE AND THE SUBJECT PATIO WILL BE CONSISTENT WITH THE NEIGHBORHOOD'S CHARACTER OF HAVING ZERO LOT LINE STRUCTURES.
FOUR RECEIVED IN FAVOR, ONE IN OFFICE, THE ARBORETUM NEIGHBORHOOD ASSOCIATION.
WE DO HAVE THE APPLICANT ON THE LINE.
WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
I AM THE, UH, UH, OWNER OF THE PROPERTY AT 13,411 MARLINE DRIVE, 7 8 2 3 2.
WE ARE ATTEMPTING AND WANTING TO REPLACE A PATIO COVER THAT WAS DAMAGED IN THE HAILSTORM IN 2020.
WE'RE CHANGING THE CONSTRUCTION FROM ALUMINUM TO WOOD TO BE CONSISTENT WITH THE DESIGN OF THE HOUSE AS IT WAS ORIGINALLY BUILT.
IS THERE ANY, I DON'T HAVE ANY OTHER COMMENT.
UH, STAFF, IS THERE ANY PUBLIC, UH, COMMENTARY TO READ INTO THE RECORD? YES, SIR.
WE HAVE SOME, UH, SOME TO READ AS WELL AS ONE VOICEMAIL.
UM, FIRST ONE IS FROM MARDEL WILSON AT, UH, 13 400 0 ROCKHAMPTON STREET.
I'M IN FAVOR OF GRANTING THEIR, THEIR REQUEST FOR THE VARIANCE, UM, AT MARSHALL LANE DRIVE.
NEXT ONE IS FROM ANTHONY, UH, HAYWOOD AT 13 4 7.
MARLINE ALSO IN FAVOR, DEAN HETA 13 4 0 2 ROCKHAMPTON IN FAVOR.
AND THEN BRADLEY J AND F THOMAS IN FAVOR? NOT SURE, UM, IF APPLICATION INDICATES THE VARIANCE, UH, REQUESTED THE REPLACEMENT FOR WHAT WAS EXISTING PATIO COVER AND WHAT WAS NOTED, UH, TOTAL BY TOTAL BY LAST YEAR'S HAILSTORM, THEIR REPLACEMENT TO BE THE SAME SIZE AND PREVIOUS COVER WITH THE EXCEPTION OF BEING A WOOD STRUCTURE VERSUS A VERSUS ALUMINUM.
THE DESIGN AND CONSTRUCTION WOULD, UH, LIKE IS, WAS BUILT IN PART OF THE ORIGINAL HOME, WHICH WILL BE, UH, UH, FORGIVE ME, UH, MORE, UH, PLEASING THAN THE OLD ALUMINUM COVER.
THE FED COVER, UH, WHEN COMPLETED IN ALL OF THE EXISTING WOOD ROOF WILL BE RESH SHINGLED WITH THE SAME TYPE COLOR AND STYLE OF SHINGLES.
NEXT ONE IS FROM CARLY, UH, TAVA 13 404 MARLINE IN OPPOSITION DUE TO WATER, A REDIRECTION TO ADJACENT LOTS.
AND THEN WE DO HAVE THE VOICEMAIL, WHICH WE'RE GONNA SAY RIGHT NOW.
HELLO, MY NAME IS AMANDA SEIA, AND I LIVE AT 1 3 4 1 5 MARLINE.
I'M CALLING IN REGARDS TO CASE NUMBER ENDING IN 0 0 4 5.
THAT'S MEETING ON MONDAY, MAY 17TH AT 1:00 PM.
UH, I, I, I AM NEITHER IN FAVOR OR IN OPPOSITION, HOWEVER, I WANTED TO VOICE A COUPLE CONCERNS THAT I WOULD WANT ADDRESSED SHOULD THIS BE APPROVED, UM, AS THE NEIGHBOR IMPACTED BY THIS BILL.
ONE, UH, I WOULD LIKE TO MAKE SURE THAT IN NO WAY DOES THIS STRUCTURE ENCROACH ONTO MY PROPERTY AS TECHNICALLY MY PROPERTY IS OWNED BY THE MORTGAGE COMPANY, AND I HAD TO GUARANTEE THERE WOULD BE NO ENCROACHMENT.
MY ONLY OTHER CONCERN WOULD BE, UH, WATER RUNOFF.
AND I WOULD LIKE TO MAKE SURE THAT, UM, HOWEVER THIS IS BUILT, WOULD ENSURE THAT IT WOULD NOT BE REDIRECTING ALL THE WATER INTO MY YARD, CREATING A RIVER IN MY BACKYARD.
AS LONG AS THE STRUCTURE WAS BUILT IN A WAY THAT ENSURES THE WATER RUNOFF REMAINS ON THEIR PROPERTY, UM, I WOULDN'T HAVE ANY CONCERNS WITH IT.
SO THOSE ARE MY ONLY CONCERNS.
UH, IT WOULD BE ENCROACHMENT AND, UH, WATER REDIRECTION.
UH, AS LONG AS THOSE ARE ADDRESSED, UH, I BELIEVE THAT THE BOARD CAN MAKE THE APPROPRIATE DECISION REGARDING THIS BILL.
BUT I WANTED TO VOICE THOSE TWO CONCERNS.
[01:40:01]
YOUR TIME AND, UM, THANK YOU FOR WHAT YOU'RE DOING FOR OUR COMMUNITY.HELLO, MY NAME IS AMANDA SEIA, AND I LIVE THAT COMPLETE ALL THE, THE COMMENTARY.
UH, ARE THERE ANY COMMISSIONER QUESTIONS? MENCHACA COMMISSIONER MENCHACA, UH, IT'S JUST A, A QUESTION, A REQUEST TO STAFF.
COULD WE SHOW UP THAT SLIDE AGAIN OF THE LITTLE PORCH ON THE SIDE? SORT OF FLASH BY ME TOO QUICK TO SEE THE, THE CLEARANCE ON THAT.
ON THE, AS YOU CAN SEE, THE PROPERTY LINE ALIGNS WITH THE, THE FENCES.
AND THIS IS, AGAIN, THIS IS COMMON AMONGST THE NEIGHBORHOOD, AND THE OVERHANGS ALL SEEM TO RUN INTO THE NEIGHBORING LOTS.
SO THIS NEW ONE WOULD RUN RIGHT INTO IT.
ALSO THE SAME WAY IN LINE WITH THE ROOF LINE IS WHAT YOU'RE SAYING.
WHAT WE'RE RECOMMENDING TODAY IS, IS SPECIFICALLY JUST THE CARPORT PORTION THAT'S IN LINE WITH THE, THE STRUCTURE, THE OVERHANG AT THIS TIME IS NOT SOMETHING WE'RE RECOMMENDING.
UNFORTUNATELY, STAFF WAS UNABLE TO FIND ANY TYPE OF DOCUMENTATION INDICATING THERE WOULD BE AN EASEMENT ON THE OTHER SIDE.
UM, BUT AGAIN, IT IS COMMON IN THE NEIGHBORHOOD, SO IT'S UNCLEAR HOW THAT THAT TOOK PLACE IN THE EARLY EIGHTIES.
THAT'S WHAT I WAS LOOK, TRYING TO FIND OUT THE EASEMENT, OVERHANG ON THIS CARPORT TOO.
THANK YOU, MANNA COMMISSIONER MANNA.
SO FIRST QUESTION'S FOR THE CITY.
SO THE, UH, THERE WAS, UM, THE LAST, UM, UH, COMMUNITY READING WAS THAT FOR THE PROPERTY IN ON THIS PICTURE? UH, WAS THAT FROM THE PEOPLE WHO OWN THE PROPERTY ON THE LEFT OF THIS PICTURE? THE ONES THAT LEFT THE VOICEMAIL? YES, SIR.
SO, UM, AND SO, SO THE SECOND QUESTION HERE THEN GOES TO THE APPLICANT THEMSELVES.
SO I KNOW THAT, UM, IN OTHER COMMUNITIES WHERE IT DID TALK ABOUT ZERO LOT LINES, ONE OF THE THINGS THAT WAS LISTED, UM, ON, UM, I GUESS IN THE DEEDED RESTRICTIONS WERE COMMENTS WITH REGARDS TO WATER RUNOFF AND, AND, UM, PROVIDING, PROVIDING SOLUTIONS LIKE GUTTERS THAT WOULD PREVENT WATER RUNOFF.
AND SO THAT WAS A QUESTION ASKED BY THE PERSON ON THE, UH, I, I GUESS TO YOUR, TO YOUR NEIGHBOR WITH, UH, HAD THE QUESTION WITH REGARD TO RUNOFF.
SO THE QUESTION TO THE APPLICANT IS, ARE YOU DOING ANYTHING TO REMEDIATE THE WATER RUNOFF FROM YOUR, UM, PROPOSED SOLUTION? YES, THERE WILL BE A GUTTER INSTALLED.
UM, IS THERE CURRENTLY A GUTTER ON THE EXISTING ROOF LINE ON THAT SIDE? YES.
SO IT'LL TIE INTO THE EXISTING ONE THEN.
UM, SO THE NEW
UM, WILL THE EXISTING, WILL THE NEW SOLUTION THEN HAVE A GUTTER PUT ON IT THEN? YES.
WAS THERE, THERE WAS A PLAN FOR THAT.
ANY OTHER QUESTIONS? OH, ZONA UH, COMMISSIONER ZUNA.
AND THIS ALSO SPEAKS OUT OVER TO THE OVERHANG EASEMENT, BUT ALSO KIND OF A MAINTENANCE EASEMENT.
HOW WAS THE APPLICANT ABLE TO MAINTAIN THAT SIDE OF THE, UH, PATIO WITHOUT ACCESS TO THAT, THAT SIDE? I'M JUST CURIOUS IF, IF, YOU KNOW, HOW, HOW DOES HE MAINTAIN IT? WHAT IS THE PROCEDURE FOR THAT? AND I GUESS IT'S FOR STAFF OR APPLICANT? WELL, AS I UNDERSTAND IT, UH, I DO HAVE, UH, EASEMENT ACCESS FOR MAINTENANCE PURPOSES.
UH, OBVIOUSLY I, I ASKED FOR PERMISSION, JUST LIKE I DID WHEN WE ANTICIPATED WE MIGHT BE, UH, NEED TO HAVE ACCESS FOR TAKING DOWN THE OLD PATIO COVER.
WHICH ULTIMATELY WE DIDN'T DO, BUT IT ALSO, THERE WAS ACCESS GRANTED TO REPLACE THE SHINGLES PRIOR TO THE PURCHASE A YEAR AGO.
AND OF COURSE NOW I'LL, I'LL NEED THAT WHEN WE RESHINGLE THE ENTIRE HOUSE, UH, BECAUSE OF THAT STORM AS WELL.
UH, ANY OTHER COMMISSIONER QUESTIONS? IS YOUR, UH, COMMISSIONER, UM, JUST, JUST A QUICK QUESTION, UM, TO THE, UH, PROPERTY OWNER.
SO ESSENTIALLY IF YOU INCLUDE THE GUTTERS, THEN THE, UH, PATIO COVER WOULD BE SOMEWHAT SMALLER TO INCLUDE
[01:45:01]
THE GUTTERS IN THE SIZE OR WOULD THAT OVERHANG INTO THE EASEMENT? THE DESIGN HAS THE DESIGN AS AMENDED WITH THE, UH, APPLICATION FOR THE PERMIT AND THE VARIANCE, UH, EVERY, EVERYTHING IN AND AS A PART OF THE PATIO STRUCTURE WOULD BE ON MY SIDE OF THE PROPERTY LINE, UH, WITHIN, IF YOU'RE LOOKING IN THE PICTURE THAT'S BEING DISPLAYED, UH, WITHIN THE SIDE OF THE, THE BRICK PORTION OF THE HOUSE.UM, ARE THERE ANY MORE QUESTIONS? OKAY, I HAVE A QUESTION.
WHEN WAS THE, THE U D C WAS ISSUED, UH, WHAT IN 1985? THE ONE THAT PREDATES THE ONE WE HAVE NOW.
ISN'T THAT WHEN IT CAME OUT U D C? THAT IS A GOOD QUESTION.
THE ORIGINAL U C THE REASON IS BECAUSE THIS IS THE LINE OF QUESTIONING.
I HAVE, YOU KNOW, THE DEFINITION OF A TOWNHOME BACK IN 1980, YOU KNOW, WAS THIS, THIS THE, I ACTUALLY LOOKED AT THE PLATT DURING THIS CASE, AND THE PLANT DOESN'T HAVE A FORMALITY.
IT JUST PUTS TOWN HOME IN QUOTES.
AND IF YOU GO DOWN GOOGLE STREET VIEW AND YOU'RE KIND OF LOOKING AT WHAT'S GOING ON WITH THIS NEIGHBORHOOD, WHAT I, WHAT I SEE ARE VARIOUS HOMES THAT EITHER HAVE A DRIVEWAY OR THEY DON'T.
AND IT LOOKS LIKE THE HOMES THAT DON'T HAVE A DRIVEWAY ARE MORE ZERO LOT LINES AND THEREFORE WOULD MEET WHAT THE INTENT OF THE DEVELOPER WAS BACK IN 1980 TO BE CONSIDERED A TOWN HALL.
AND SO I'M, I'M, I'M TRYING TO MAKE SURE THAT, THAT WHAT WHAT STAFF IS USING AS A DEFINITION, UH, IS NOT ONE THAT IS POST 1981 WHEN THIS PLATT WAS DONE.
UH, BECAUSE IT, IT JUST, I'M GETTING THE FEELING, I MEAN, A REALLY GOOD FEELING ABOUT THIS, THAT THE HOUSES THAT DON'T HAVE DRIVEWAYS ARE, ARE PREDOMINANTLY ZERO LOCKED.
UH, AND MAYBE THE APPLICANT COULD, COULD, UH, EXPAND ON THAT A LITTLE BIT.
IS THAT SOMETHING THAT, AM I CORRECT IN THAT ASSERTION? AGAIN, THIS IS A PROPERTY OWNER.
I'M NOT SURE THAT, UH, I UNDERSTAND THE DEFINITION BECAUSE IT CERTAINLY DOESN'T MEET MY UNDERSTANDING OF THE DEFINITION.
WELL, BUT ALL OF THE, ALL OF THE HOUSES, UH, ON MARLINE AND ON ROCK HAMMOND, NONE OF THEM HAVE DRIVEWAYS IN THE FRONT YARD.
THEY'RE ALL OFF OF THE DRIVEWAY.
UH, WELL, THERE, THERE'S ONE HOUSE ACROSS THE STREET, ACROSS STREET, ACROSS THE STREET FROM MINE ARE ALSO ZERO LOT LINE.
THEY JUST DON'T HAVE THE SAME APPEARANCE.
SO THE HOUSE THAT'S ACROSS THE STREET FROM, FROM YOURS THERE, LOOK, THERE APPEARS TO BE, THEY HAVE DRIVEWAYS ON THAT SIDE OF THE, OF MARLINE.
AND, AND DO YOU KNOW IF THOSE HOMES ARE ZERO LOT LINE? TO THE BEST OF MY UNDERSTANDING, ALL HOUSES ON EITHER SIDE OF MARLINE AND ON EITHER SIDE OF PERENNIAL, OFF OF MARLINE OR OFF OF PERENNIAL ARE THE SAME.
NOT, NOT TOWN HOMES AS I UNDERSTAND IT, BUT, WELL, I'M JUST, I'M ONLY, UM, WHERE I'M GOING WITH THIS, AND THIS IS FOR THE APPLICANT AND STAFF IS, YOU KNOW, WHEN THIS WAS DEVELOPED, WE DON'T KNOW WHAT THE DEVELOPER WAS THINKING, BUT HE OBVIOUSLY, HE, HE'S CALLING OUT A FIVE FOOT UTILITY EASEMENT ON EITHER SIDE OF EACH SIDE PROPERTY LINE, UNLESS A TOWN A TOWNHOME STYLE ZERO LOT LINE WAS, WAS, UH, PURSUED.
AND HE DOESN'T DENOTE, WHICH LOTS WERE INTENDED TO BE ZERO LOT LINE.
AND SO THE ONLY THING I CAN FIND WHERE HOMES ARE ONE WAY OR ANOTHER DIFFERENT IS WHETHER THEY HAVE A DRIVEWAY OR WHETHER THEY DON'T.
AND IN ZOOMING TO THE HOUSES ACROSS THE STREET ON GOOGLE EARTH, THE BEST I CAN IT THO THOSE HOUSES WITH DRIVEWAYS APPEAR TO HAVE DECENT SEPARATION BETWEEN THE HOMES AS WELL AS SOME FENCING THAT THAT IS SEPARATED FROM THE HOUSE.
AND SO IT JUST GIVES ME THE IMPRESSION THAT THEY'RE NOT ZERO LOT LINE AND THAT THE, AND THAT THE HOMES THAT HAVE A, UH, THAT DON'T HAVE A DRIVEWAY ARE ZERO LOT LINE, AT LEAST PER THE INTENT OF THE DEVELOPER.
AND SO I, I COULDN'T FIND ANY DEED RESTRICTIONS THAT WOULD CALL FOR A MAINTENANCE EASEMENT IN THOSE INSTANCES.
'CAUSE IT CERTAINLY ISN'T ON THE PLA.
BUT, UM, I JUST WANTED TO ASK THAT QUESTION THROUGH STAFF.
NAMELY, WHEN WOULD, WHEN DID THE DEFINITION OF TOWNHOME COME UP IN OUR CODE? AND, AND IF SO, DID IT, DID IT PREDATE THIS PLATT? SO, ACCORDING TO OUR RECORDS, UH, THE TOWNHOME DEFINITION, UH, THE OLD TOWNHOME DEFINITION WAS, UH, IN THE 65 CODE, IT SAID THAT, UM, THE, UH, IT BASICALLY WAS ALL UNITS IN ONE STRUCTURE
[01:50:01]
IN 2015, WE UPDATED THAT DEFINITION, UH MM-HMM.SO IT WOULDN'T CONFUSE THINGS WITH DUPLEXES.
BASED ON THAT, THE ONLY DETERMINATION THAT WE COULD MAKE WAS THAT BECAUSE THE PLAT DID NOT INDICATE WHICH LOTS WERE TOWNHOME LOTS, AND THESE ARE NOT CONSTRUCTED AS TOWNHOMES, THAT THEY WERE SINGLE FAMILY DETACHED UNITS BUILT ON A ZERO LOT LINE WHERE THE PLATT DID NOT INDICATE A ZERO LOT LINE.
SO WITH THAT, WE HAD TO APPLY TODAY'S CODE IN ORDER TO, UH, REVIEW IT AND DETERMINE IF WE, THEY COULD PROCEED TO A BUILDING PERMIT.
BECAUSE TODAY'S CODE REQUIRES THE FIVE FOOT SIDE SETBACK, WE HAVE TO BRING IT FORWARD TO THE BOARD OF JUSTICE.
DOES THE 65 CODE INCLUDE, UH, WHAT, WHAT PLA CONSTITUTES A ZERO LOT LINE AND WHAT WOULD BE REQUIRED TO BE CONSIDERED A ZERO LOT LINE? IT WOULD STILL HAVE TO BE A NOTED ON THE PLA PLAT.
I, I KNOW, BUT BACK IN 1981, THINGS WERE DONE NOT THE WAY THEY WERE TODAY.
AND I'M, WE DON'T HAVE THE DEED ANY DEEDED RESTRICTIONS IN FRONT OF US.
I COULDN'T FIND ANY, UH, MR. UH, TO THE APPLICANT.
DO YOU HAVE DEEDED RESTRICTIONS FOR THIS NEIGHBORHOOD? I DON'T BELIEVE SO.
SO THEN WE, WE DON'T HAVE THE RECORDED INSTRUMENT THAT, THAT DEFINES WHAT, WHAT THE INTENT OF THE DEVELOPMENT WAS.
WELL THAT, THAT ENDS THAT LINE.
I WAS JUST PUTTING SOME OF THAT OUT THERE.
UH, IS THERE ANY OTHER QUESTIONS BEFORE WE, UH, MOVE ON? OKAY.
SO, SO FOR THE APPLICANT AT THIS POINT IN TIME, WE'VE, YOU'VE HEARD A SERIES OF QUESTIONS IN PUBLIC COMMENTARY, YOU HAVE UP TO THREE MINUTES TO PROVIDE ANY KIND OF, UM, UH, ADDITIONAL INFORMATION OR CLOSING REMARKS.
WELL, IF I UNDERSTOOD CORRECTLY ON ONE OF THE SLIDES THAT WERE SHOWING EARLIER, THE, UH, ONLY PROPERTY, UH, SURROUNDING PROPERTY THAT, UH, UH, VOTED AGAINST THE, UH, UH, ISSUANCE OF THE PERMIT IS ACROSS THE STREET IN FRONT OF ME.
UH, AGAIN, THIS, ALL OF THIS CONSTRUCTION IS NOT EVEN GOING TO BE VISIBLE FROM THE FRONT STREET, UH, PERIOD, UH, SINCE IT'S ALL FACING THE ALLEY.
SO I'M NOT SURE WHY THEY WERE AGAINST IT, UH, NECESSARILY.
UH, BUT OTHER THAN THAT, I DON'T HAVE ANY OTHER COMMENTS.
I, ALTHOUGH I WILL SAY THAT, UH, I WAS TOLD BY STAFF THAT ESSENTIALLY IF MY HOUSE WAS DESTROYED BY FIRE OR SOME OTHER, UH, OCCURRENCE, THAT I WOULD NOT BE ABLE TO REBUILD IT AS IT EXISTS TODAY.
I WOULD LOSE APPROXIMATELY SIX FEET ON THAT SIDE OF THE PROPERTY IF WE HAD TO REBUILD THE ENTIRE HOUSE.
SO, UH, I'M NOT SURE, UH, HOW FAIR THAT IS, BUT, UH, I'M ASKING JUST TO REPLACE A COVER PATIO COVER THAT ALREADY WAS HERE WHEN I BOUGHT THE PROPERTY.
UH, SO WITH THAT, UH, WOULD THE COMMISSIONER LIKE TO MAKE A MOTION ON THIS CASE? BRAGMAN COMMISSIONER BRAGMAN.
UM, REGARDING CASE, SORRY, I JUST WANNA MAKE SURE I HAVE THE RIGHT ONE.
REGARDING CASE NUMBER BOA DASH 21 DASH 0 3 4 5, I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE TO THE REQUIRED FIVE FOOT SITE SETBACK AS REQUIRED IN TABLE THREE 10 DASH ONE TO ALLOW A ONE INCH SIDE SETBACK FOR A PATIO COVER SIMUL SITUATED AT 1 3 4 1 1 MARCELINE DRIVE, APPLICANT BEING FRANCISCO OJEDA.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE 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.
IN THIS CASE, THE REQUESTED FOR THE PATIO SIDE SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE PATIO WAS ALREADY THERE AND THE APPLICANT IS REPLACING IT.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
STAFF FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCE WOULD RESULT IN UNNECESSARY HARDSHIP, THE PATIO WILL BE IN LINE WITH THE PRIMARY RESIDENCE AND THE VARIANCE.
AND IF THE VARIANCE IS NOT GRANTED, THE STRUCTURE WOULD NOT BE CAPABLE OF RECONSTRUCTION.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN THE, 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 WHOLE NEIGHBORHOOD IS BUILT WITH ZERO LOT LINE STRUCTURES.
[01:55:01]
OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.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.
NO OTHER USES, THE THAT'S 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 TO REDUCE THE SITE SETBACK DOES NOT POSE A RISK OF SUBSTANTIAL INJURING, SUBSTANTIALLY INJURING THE USE OF THE ADJACENT PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE NEIGHBORHOOD CONSISTS OF STRUCTURES BUILT ON THE PROPERTY LINE AND A REQUESTED VARIANCE WILL BE IN HARMONY OF THE SURROUNDING PROPERTIES.
THE PLIGHT OF THE OWNER FOR OF THE PROPERTY, 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 THEY'RE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY WERE NOT CREATED BY THE UNDER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL.
THE ENTIRE AREA SURROUNDED BY ZERO LOT LINE STRUCTURES AND THE SUBJECT PATIO WILL BE IN HARMONY WITH THE SURROUNDING STRUCTURE.
SECOND, WE HAVE A, A MOTION AND A SECOND BY, UH, COMMISSIONER UH, FISHER.
UH, COMMISSIONER BACKMAN, PLEASE LEAD THE DISCUSSION.
YES, I'LL BE IN SUPPORT OF THIS MOTION.
AS THE, UH, APPLICANT SAID HE'S MERELY REPLACING A PATIO COVER THAT EXISTED SINCE THE THE STRUCTURE WAS BUILT.
UM, I PERSONALLY HAVE OWNED ZERO LOT LINE HOMES.
UH, I UNDERSTAND CIRCUMSTANCES, UM, BUT HE ALSO ADDRESSED THE ISSUE OF THE NEIGHBOR REGARDING THE WATER RUNOFF SAYING THAT THERE WOULD BE GUTTERS ON THE PATIO COVER.
SO I THINK THAT WILL, UH, SATISFY THE NEIGHBOR'S, UH, CONCERNS.
COMMISSIONER FISHER? YES, I ALSO WILL BE IN SUPPORT OF, UM, THESE GUIDELINES.
I, I FEEL THAT THE, A NEIGHBOR OR THE OWNER HAS, IS OUTLINING AND, AND BUILDING WHAT, UM, WILL BE FORTHCOMING TO BE A REPLACEMENT OF AN EXISTING STRUCTURE.
AND HE'S HAS, UH, BEEN SENSITIVE TO THE NEIGHBOR'S CONCERNS.
SO I WILL BE IN SOME FORTH AS WELL.
UM, ARE THERE ANY OTHER COMMISSIONER, UH, WHO WOULD LIKE TO ADD TO THE DISCUSSION? OKAY.
UH, I WOULD LIKE TO ADD THE DISCUSSION.
UH, I JUST FOUND, UM, THE RESTRICTIONS FOR THE ARBOR UNIT FOUR.
AND THEY DO TALK ABOUT, UH, WHAT'S GOING ON OUT THERE AND THIS, AND JUST FOR STAFF'S KNOWLEDGE, IT'S, IT'S IN, UH, VOLUME 2304, UM, PAGE, UH, 7 7 53 2 3 3 4.
AND, UH, WHEN I FLIP THROUGH THESE REAL QUICK, THEY DO TALK ABOUT, UM, YOU KNOW, WHAT, WHAT GOES ON ON A, ON ON A ZERO LOT LINE.
AND SO IT JUST, UH, I THINK THAT IT'S, UM, UH, AND IT GIVES THE OWNER A REASONABLE ACCESS, UH, THE, FOR THE PURPOSES OF REMAINING AND REPAIRING THE DWELLING.
SO I THINK DOCUMENTATION WISE, EVERYTHING'S IN PLACE FOR THIS.
AND IT WAS JUST VERY DIFFICULT TO FIND.
IT TOOK ME A LITTLE LONGER THAN NORMAL, BUT, UH, FOR THE APPLICANT, IF YOU'RE LISTENING, I I WOULD TAKE A LOOK AT THAT.
IT DOES GIVE ME SOME RIGHTS FOR YOUR EXISTING HOME.
UH, SO, AND AGAIN, THAT'S A, THAT'S A VOLUME 2034.
SO WITH THAT, UH, I'M IN SUPPORT, UH, STAFF, PLEASE TAKE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
ALL RIGHT, MR. TEAL? YES, I CONCUR.
UH, I ALSO CONCUR WITH THE FINDINGS OF ACT, UH, MOTION PASSES.
[02:00:01]
WHEN ANY COMMISSIONERS LIKE A SHORT BREAK.UH, WE WILL, UH, I'M, I'M CALLING FOR A, A SHORT BREAK.
WE'LL SEE EVERYBODY IN SEVEN MINUTES.
ALRIGHT, LET ME GO GET US ON LIVE AND THEN WE CAN GET STARTED.
[6. 21-3634 BOA-21-10300046]
WE COULD PLEASE HEAR, START WITH ITEM NUMBER SIX ON THE AGENDA.D O A 21 1 0 3 0 0 0 4 6 AT 95 19 KIMBOROUGH DRIVE COUNCIL DISTRICT 10.
THE APPLICANT IS RONALD
THE SUBJECT PROPERTY IS LOCATED AT 95 19.
KIMBRO DRIVE NORTH OF THE NORTHEAST LOOP FOUR 10 AND EAST OF SAN ANTONIO INTERNATIONAL AIRPORT.
IN A CUL-DE-SAC, UH, DUE TO THE CUL-DE-SAC I REGULARLY SHAPED LOT HAS AN ANGULAR PROPERTY BOUND LINE TO THE NORTH.
THE APPLICANT'S PROPOSING TO BUILD A CARPORT WITH CONCRETE FOOTING, UH, FOOTPRINT, WOOD FRAMING, AND SHINGLE ROOF.
DUE TO THE ANGULAR LOT LINE, UH, THAT EXISTS ON THE, THE NORTH SIDE OF THE PROPERTY, ONE CORNER OF THE PROPOSED CARPORT WOULD ENCROACH TWO FEET FIVE INCHES INTO THE REQUIRED FIVE FOOT SIDE SETBACK.
THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW THE PROPOSED CARPORT TO BE TWO FEET SEVEN INCHES AWAY FROM THE SIDE PROPERTY LINE.
AS YOU CAN SEE, AND DUE TO THE ANGLE OF ONLY A PORTION OF THIS, UH, CARPORT WOULD BE IN THE SIDE SETBACK, THE REMAINING PORTION IS, UH, IS MORE THAN, UH, ADEQUATE.
THIS IS THE NEIGHBORING PROPERTY.
AS YOU CAN SEE, THEY HAVE A SIMILAR SITUATION WITH THEIR CARPORTS, UM, BOTH NEIGHBORS TO THE SIDE.
UM, ANGLE OVER, AND AS YOU CAN SEE, THEIR CARPORTS ARE PRETTY CLOSE TO PROPERTY LINE SURROUNDING AREA.
STAFF RECOMMENDS APPROVAL OF BO O A 2 1 1 0 3 0 0 0 4 6 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REGULAR SHAPE LOT DOES NOT ALLOW THE PROPOSED CARPORT TO COMPLY WITH U D C REQUIREMENTS.
AND ONLY A PORTION OF THE LOT REQUIRES A TWO FOOT SEVEN INCH SIDE SETBACK, ALLOWING ENOUGH ROOM FOR FUTURE MAINTENANCE WITHOUT TRESPASS.
17 NOTICES WERE SENT OUT, TWO WERE RECEIVED IN FAVOR AND ONE IN OPPOSITION.
AND THERE'S NO ED ASSOCIATION AT THIS TIME.
WOULD YOU HAVE THE APPLICANT LINE, UH, MR. RADIUS? WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
I OWN THE HOME AT 95 19 KIMBRO DRIVE.
I'M ASKING FOR A VARIANCE TO CONSTRUCT A CARPORT THAT WILL BE IMPEDING ON THE FIVE FOOT SETBACK.
I NEED THE CAR, THE CARPORT, UH, TO PROTECT MY VEHICLES FROM THE RECENT STORMS AND, UH, SUN DAMAGE.
AND IT ALSO, UH, THE, THE SIDEWALK WILL HELP ME ON BOTH SIDES FOR A FUTURE WHEELCHAIR ACCESSIBLE DUE TO FUTURE EXISTING MEDICAL CONDITIONS.
IT WILL BE ALSO BUILT IN HARMONY WITH THE ARCHITECTURE OF MY EXISTING HOME.
IS THERE ANY PUBLIC COMMENTARY TO REASON TO THE RECORD? RECORD? YES, SIR.
UH, THE FIRST ONE IS FROM BOBBY EATON AT 41 0 6.
FIRST VIEW, UH, IN OPPOSITION, IT SIMPLY SAYS, WE WANNA KEEP IT SIMPLE.
THE NEXT ONE IS, UM, HIT, UH, RANDALL 95 23 KIMBRO.
OWNERS SHOULD KEEP IT, UH, THE SAME AS THE OTHER NEIGHBORS.
NEXT ONE IS FROM ELENA DELGADO.
THE 41 3 FIRST VIEW IN, IN, UH, FAVOR WOULD LIKE TO SEE SIMILARITIES KEPT FOR NEIGHBORHOOD, UH, VALUES AS NEIGHBORS ARE STREAMLINED.
UH, CLEANLINESS AND CLEANLINESS.
BUT THAT CONCLUDES ALL THE COMMENTARY.
YOU, UH, ARE THERE ANY COMMISSIONER QUESTIONS?
I SAW ON THE, UH, THE PLATT DIAGRAM JUST SHOWED, SHOWED A 30 FOOT BUILDING SETBACK.
WOULD THAT WOULD APPLY, DOES THAT APPLY TO THE PROPOSED GARAGE HERE OR IS THAT ONLY TO THE, TO THE RESIDENTIAL STRUCTURE? NO, SIR.
THE CITY OF SAN ANTONIO, WHEN IT COMES TO FLIGHTED, UH, SETBACK LINES,
[02:05:01]
UH, WE ONLY RECOGNIZE THE ZONING SETBACKS.UM, THAT'S BEEN GOING ON FOR SOME TIME NOW.
FLIGHTED SETBACKS THAT ARE FAR, UM, FAR LARGER THAN THE ZONING WOULD EVEN REQUIRE.
SO IN THIS CASE, THAT IS A, THAT, WAS THAT A COVENANT ON THE PROPERTY THAT HE WOULD HAVE TO, TO COMPLY WITH OR THAT'S JUST A PRIVATE ISSUE? WE'RE NOT GONNA DEAL WITH THAT SETBACK.
ULTIMATELY WHAT WE DO IS, UM, A PLOTTED SETBACK IS THERE, BUT WE ONLY GO BY THE ZONING SETBACK, WHICH FOR THE ZONING THEY'D BE FINE.
ANY OTHER COMMISSIONERS? OKAY.
UH, I HAVE A, SO I HAVE A QUESTION ON THE PROPOSED HIGH PLAN.
IT LOOKS LIKE THERE'S SOME, UM, HASH MARKS THERE ON THE SIDE AND, AND IT, HE'S GONNA PUT IN TWO COLUMNS, CORRECT? YES, SIR.
I'M, I'M GONNA INSTALL 'EM TO HOLD THE, UH, THE CARPORT UP.
AND SO IT LOOKS LIKE THE FIRST COLUMN IS LOCATED PRETTY MUCH ON THE FIVE FOOT SETBACK.
SO YOU HAVE, YOU, YOU'RE HAVING APPROXIMATELY A, WOULD YOU SAY THAT ABOUT A THIRD MAYBE OF YOUR, OF YOUR CARPORT WILL NOT VIOLATE THE SETBACK? AND, AND IT'S, YOU'RE ONLY TALKING ABOUT THE BOTTOM, THE REMAINING, IT'S JUST THE OUTSIDE CORNER.
AND, AND YOUR, AND YOUR CARPORT IS INTENDED TO BE, IS IT 22 FEET LONG OR WIDE? UM, NO, IT'S, IT'S GONNA BE, OOH, BECAUSE I, I SEE A, I SEE A, A 22, A 31, AND THEN THERE'S A, UH, SOME KIND OF A 29, 22, 22 WIDE WITH THE SIDEWALKS FOR THE WHEELCHAIR.
AND I, I DIDN'T WANT THE PUMP IN THE GRASS BECAUSE IT JUST BECOMES A NUISANCE WHEN WE GET OUT OF THE CAR.
UM, AND, UH, AND THEN IT WOULD BE THE DISTANCE, WHICH, SO YOUR, YOUR INTENT IS TO TRY IS, IS TO TRY TO MAKE IT TO WHERE WHEN YOU, WHEN YOU GET OUT OF YOUR VEHICLE, YOU'RE NEAR YOUR SIDEWALK THAT GOES TO YOUR COVERED ENTRY? YES.
'CAUSE 'CAUSE RIGHT NOW WHEN I, WHEN I STEP OUT, I AM, I AM ON, UH, GRASS.
UH, I, I JUST WANTED TO CLARIFY THAT.
UH, AND, UH, IS THERE ANY OTHER QUESTIONS BEFORE WE, UH, MOVE ON? OKAY.
SO, UH, TO THE APPLICANT, I MEAN, YOU HAVE, UH, IT SEEMS YOU HAVE SOME SUPPORT FROM YOUR NEIGHBORS, BUT YOU HAVE AN OPPORTUNITY IF YOU WANNA GIVE US ANY SORT OF CLOSING REMARKS BEFORE WE MOVE ON TO EMOTIONS.
UM, NO, JUST, UM, THE NEGATIVE ONE, UM, IT WAS AN ISSUE ABOUT SIX YEARS AGO AND WE HAVEN'T SPOKE SINCE, SO I'M, THAT MIGHT HAVE SOMETHING TO DO WITH IT.
UM, BUT OTHER THAN THAT, UM, IT'S GONNA BE, UM, REALLY NICE AND IT'S GONNA BE LIKE MY HOME.
SO, UM, IT, IT SHOULDN'T BE ANYTHING THAT'S GONNA AFFECT THE, THE BEAUTY OF THE NEIGHBORHOOD.
ACTUALLY, IT MIGHT ENHANCE IT A LITTLE BIT.
UH, WITH THAT IS, WOULD THERE COMMISSION LIKE TO MAKE A MOTION, FISHER COMMISSIONER FISHER, UH, REGARDING CASE NUMBER BO A 2 1 1 0 3 0 0 0 4 6, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A TWO FOOT FOOT FIVE INCH VARIANCE TO THE REQUIRED FIVE FOOT SETBACK SIDE SETBACK AS REQUIRED IN TABLE 3 1 0 DASH ONE TO ALLOW A CAR PART CARPORT, TWO B TWO FEET, SEVEN INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 9 5 1 9 KIMBRO DRIVE, APPLICANT BEING RONALD AREAS, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE TO 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.
IN THIS CASE, THE REQUESTED VARIANCE FOR THE CARPORT TO HAVE A LESSER SIDE SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
STAFF FINDS THAT ANY SPECIAL CONDITIONS THAT IT ENFORCED WOULD RESULT IN UNNECESSARY HARDSHIP.
[02:10:01]
OF THE LOT DOES NOT LEAVE ENOUGH SPACE FOR THE CARPORT TO COMPLY WITH THE CODE REQUIREMENT.BY IMPOSING A LITERAL ENFORCEMENT, THE APPLICANT WOULD NOT BE ABLE TO BUILD THE CARPORT AS INTENDED BY THREE.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE OR 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.
DUE TO THE UNIQUE SHAPE OF THE PROPERTY, THE APPLICANT NEEDS TO APPLY FOR A VARIANCE TO HAVE A LESSER SIDE SETBACK.
THEREFORE, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION AS A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE PERMITTED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUESTED VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE, OF ADJACENT CONFORMING PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT GEN CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL.
THE PROPERTY IS LOCATED ON A CUL-DE-SAC AND THESE SETBACKS ARE CIRCULAR AND EXTENDED FURTHER INTO THE PROPERTY.
COMMISSIONER CRUZ AS A SECOND.
UH, COMMISSIONER FISHER, PLEASE LEAD THE, THE DISCUSSION.
YES, THIS IS, THIS PROPERTY IS LOCATED ON A CUL-DE-SAC GLOCK, WHICH BY VERY NATURE IS IRREGULAR SHAPE.
IT APPEARS THAT OTHER STRUCTURES WITHIN THE IMMEDIATE AREA HAVE SIMILAR, UH, SETBACKS AND, AND CONCERNING THE CARPORT STRUCTURES.
SO THIS IS ACTUALLY CONFORMING IN THE NEIGHBORHOOD, AND I, I BELIEVE IT SHOULD BE SUPPORTED.
ALL RIGHT, COMMISSIONER CRUZ? UM, YES, I CONCUR WITH MS. FISHER.
I THINK, UH, THIS WILL BE A NICE ADDITION TO THE HOME AND I DON'T SEE ANY PROBLEMS WITH IT SINCE THERE ARE OTHERS IN THE NEIGHBORHOOD.
ARE THERE ANY OTHER COMMISSIONERS WHO WOULD LIKE TO ADD TO THE DISCUSSION? HEARING NONE.
STAFF, UH, PLEASE TAKE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT.
SORRY, I CONCUR WITH THE FINDINGS OF FACT.
MR. UNA? YES, I CONCUR AND SHARE ORIAN.
MAY I ALSO CONCUR WITH THE FINDINGS OF FACT? MOTION PASSES UNANIMOUSLY.
[7. 21-3618 BOA-21-10300047]
YOU.ALRIGHT, NEXT CASE IS VOA 21 1 0 3 0 0 0 4 7.
LOCATED 11 9 0 7 TARRAGON COVE COUNCIL DISTRICT NINE.
APPLICANT IS SEAN CLAY'S REQUEST FOR A SPECIAL EXCEPTION TO THE PERMITTED SIX FOOT PRIVACY FENCE IN SECTION 35 5 14 C TO ALLOW A SIDE AND REAR FENCE TO BE AN, UH, AN EIGHT FOOT TALL PRIVACY FENCE.
CURRENT ZONING IS MF 33 P U D.
SUBJECT PROPERTY IS LOCATED ON THE NORTH CENTRAL SIDE OF SAN ANTONIO WITHIN A SINGLE FAMILY SUBDIVISION.
THE ZONING IN THE NEIGHBORHOOD IS MULTIFAMILY, BUT PREDOMINANTLY USED IN AS SINGLE FAMILY DWELLINGS.
APPLICANT HAS REQUESTED SPECIAL EXCEPTION TO ALLOW A FENCE ALONG THE BACK AND SIDE PROPERTY LINES TO BE EIGHT FEET TALL.
THE ABUTTING ROAD TO THE RE, UH, TO THE REQUESTED EIGHT FOOT FENCE
[02:15:01]
IS RAISED VIEW.CURRENTLY LI LISTED AS A LOCAL BEE WITH 55 FEET OF RIGHT OF WAY.
IT SERVES AS A COLLECTOR ALONG WITH MARKS SPUR, VERY SIMILAR.
SO THEY WANT THE, THE EIGHT FOOT FENCE.
UM, A SCENE HERE IN GREEN ALONG THAT SIDE AND ALONG THE BACK END, WHICH CONNECTS TO THE LARKS SPUR ONLY.
THERE IS A EXISTING THREE-FOOT SOLID FENCE THAT WILL REMAIN AS SUCH.
HERE'S THE SUBJECT PROPERTY WITH THAT SIDE FENCING THAT EXISTS.
AS YOU CAN SEE, THEY'VE GOT THE, THE SOLID FENCING THAT RUNS ALONG THE BACK AND THEY EXTENDED THEIR FENCES.
IT'S A LITTLE LESS THAN SIX FEET RIGHT THERE, BUT THEY'D LIKE TO GO EIGHT FEET SURROUNDING NEIGHBORHOOD.
STAFF RECOMMENDS APPROVAL ON BO A 21 0 3 0 0 0 4 7 BASED ON THE FOLLOWING FINDINGS OF FACT, THE EIGHT FOOT FENCE WILL BE CONSTRUCTED ON THE BACK AND SIDE PROPERTY LINES AND THE SIDE YARD TO LETS VIEW, WHICH OPERATES AS A COLLECTOR.
AND IF IT WERE CLASSIFIED AS A COLLECTOR, IT WOULD'VE BEEN ALLOWED BY RIGHT NEXT SLIDE.
THERE WERE 398 NOTICES SENT OUT, RECEIVED IN FAVOR, ZERO IN OPPOSITION, AND THE NEIGHBORHOOD ASSOCIATION IS IN FAVOR.
WE DO HAVE THE APPLICANT ONLINE.
SEAN CLAY, SIR, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND START YOUR PRESENTATION.
MY NAME IS SEAN CLAY AND I LIVE AT 1 1 9 0 7 TARRAGON COVE, SAN ANTONIO, TEXAS 7 8 2 1 3.
UM, MY WIFE VICTORIA AND I HAVE LIVED HERE FOR THE LAST 13 YEARS.
UM, FIRST I WANTED TO PROVIDE, UM, ADDITIONAL CONTEXT FOR THE AREA SURROUNDING OUR HOME.
YOU COULD PULL UP, UM, SLIDE ONE AND LET ME KNOW THE ONE THAT I PROVIDED.
THERE IS A LITTLE DELAY WHEN YOU'RE WATCHING ONLINE, SO LET US KNOW THE PAGE ON THERE FOR YOU.
SO, UM, THE, THAT FIRST SLIDE I HAD PROVIDED, UM, UM, OUR PROPERTY, OUR PROPERTY IS INTER INDICATED WITH THE STAR ON THIS SLIDE.
AND AS PART OF THE SUMMARY HILL SUBDIVISION, UM, THIS WAS MENTIONED, BUT WHILE LARGES SPRING BRAIER ARE NOT CATEGORIZED AS COLLECTOR OR ARTERIAL ROADS, THEY DO SERVE, UM, A HIGH DENSITY AREA MADE UP PRIMARILY OF MULTI-FAMILY RESIDENCES LIKE APARTMENTS AND CONDOS.
UM, THIS SLIDE SHOWS ALL THE MULTI-FAMILY RESIDENCES INDICATED WITHIN ORANGE CIRCLE WITHIN APPROXIMATELY HALF A MILE OF, UM, THE SUBJECT PROPERTY.
UM, OUR HOME ALSO LIES ALONG A BUS ROUTE, AND IT'S LOCATED ACROSS FROM DEVONSHIRE CONDOMINIUMS AND THE PLACE AT CASTLE HILLS APARTMENTS.
UH, THE NEXT SLIDE, SLIDE TWO SHOWS BUS TRAFFIC VISIBLE, UH, FROM THE BACKYARD.
AND, UM, THE EXISTING SIX FOOT TALL FENCE ALLOWS FOR A LINE OF SIGHT INTO THE BACKYARD.
AND, UH, THE NEXT SLIDE, SLIDE THREE SHOWS TRAFFIC SIGNALS VISIBLE, VISIBLE FROM THE BACKYARD.
UM, THE BIGGER ISSUE OR CONCERN WITH LIVING ADJACENT TO AN INTERSECTION, UM, AND IT CAN'T BE CONVEYED THROUGH A PICTURE, IS THE TRAFFIC NOISE FROM VEHICLES AND, UH, WITH MODIFIED EXHAUST SYSTEMS, EXCESSIVELY LOUD SOUND SYSTEMS AND MOTORCYCLES.
UM, A PROPERTY NEXT TO AN INTERSECTION, EXPERIENCES MORE NOISE COMPARED TO A PROPERTY NEXT TO A BUSY STREET, UH, DUE TO VEHICLE ACCELERATING FROM A STOP TIRES PEELING OUT AND EXTENDED PERIODS OF NOISE FROM LOUD EXHAUST AND SOUND SYSTEMS. UM, A VEHICLE WITH EXCESSIVE BASE FROM THEIR SOUND SYSTEM CONSIDERED A RED LIGHT AT THAT CORNER FOR UP TO A FULL MINUTE.
UH, THIS NOISE CAN BE HEARD INSIDE AND MY WIFE AND I HEAR BASED INSIDE OUR HOUSE FROM A VEHICLE SITTING AT THAT LIGHT, UM, DAILY, TYPICALLY MULTIPLE TIMES A DAY.
UM, THERE'S A NOISE ORDINANCE IN SAN ANTONIO REGARDING SOUND SYSTEMS, BUT UNFORTUNATELY ENFORCEMENT IS AN ISSUE BECAUSE THESE OFFENSES HAPPEN REGULARLY AND AT ALL TIMES OF THE NIGHT AND EARTH EARLY MORNING.
UM, SO FIN HEIGHT AND THE DENSITY OR CONSTRUCTION ARE TWO KEY FACTORS FOR REDUCING ROAD NOISE.
UM, THE ADDITIONAL TWO FEET OF FENCE HEIGHT WILL PROVIDE ADDITIONAL NOISE REFLECTION AND DAMPENING AND WILL PROVIDE ADDITIONAL PRIVACY FROM BUS TRAFFIC AND ADJACENT APARTMENT BALCONIES.
UM, THE NEXT SLIDE, SLIDE FOUR, UM, SHOWS THE LETTER OF APPROVAL, OH, I'M SORRY, SLIDE FOUR SHOWS.
UM, THE PROPOSED FENCE WILL BE IN ACCORD WITH THE CLEAR VISION AREA AT THE CORNER OF SBO BRAISE VIEW, THE 25 FOOT OFFSET FROM EACH STREET.
[02:20:01]
IS A LETTER I OBTAINED FROM THE HILL SUBDIVISION FOR AN EIGHT FOOT FENCE CRE FENCE.UM, THIS LETTER IS FROM THE H O A PRESIDENT AND INCLUDES APPROVAL FROM VARIOUS MEMBERS IN THE SUBDIVISION.
UM, I DISCUSSED THE PROPOSED FENCE WITH MY IMMEDIATE NEIGHBORS AT 1 1 9 0 3 TARRAGON COVE, AND THEY APPROVE OF THE PROPOSED FENCE, AND IN FACT, THEY EXPRESSED INTEREST IN A SIMILAR FENCE TO REPLACE THEIR EXISTING PRIVACY FENCE.
UM, WITH REGARD TO THE ESSENTIAL CHARACTER OF THE DISTRICT THREE PROPERTIES ALONG BRA OR ALONG LARKSBURG DRIVE, UM, CURRENTLY HAVE EIGHT FOOT FENCES INSTALLED.
UM, THESE FENCES MAKE UP APPROXIMATELY 200 FEET ALONG LARKSBURG DRIVE.
UM, THE LAST SLIDE, SLIDE SEVEN.
THIS SLIDE SHOWS THE ROCK STYLE CONCRETE FENCE CURRENTLY INSTALLED AT THE PROPERTY THAT CROSS BRA YOU FROM OUR HOME.
UM, THE PROPOSED FENCE FOR OUR PROPERTY WAS CHOSEN TO MATCH THE STYLE OF THE EXISTING FENCE CRE FENCES AT 1834 PAISLEY STREET AND 1830 PAISLEY STREET.
THAT CONCLUDES MY PRESENTATION FOR THE FENCE HEIGHT, SPECIAL EXCEPTION.
THANK YOU FOR YOUR TIME AND CONSIDERATION.
DID I HEAR THIS RIGHT THAT YOU HAD 398 NOTICES SENT OUT? YES, SIR.
THERE'S A CONDO ASSOCIATION ACROSS THE STREET.
THREE OF 'EM FROM THAT CONDO ASSOCIATION CAME IN FAVOR.
UM, BUT YEAH, THE CONDO ASSOCIATION, SINCE A PORTION OF IT HITS IT, WE HAD TO NOTIFY EVERYBODY.
SO YOU DIDN'T GET, YOU'RE NOT ABOUT TO READ 300 REPLIES TO US.
WELL, IF YOU, WHATEVER YOU HAVE, PLEASE READ IT INTO THE RECORD.
OKAY, SIR, THIS IS FROM IRENE CCA AT 11 8 4 3 BRA VIEW, APARTMENT 1107.
IN RESPONSE TO THE LETTER I RECEIVED IN THE MAIL CONCERNING THE ABOVE BENCH SUBJECT, I WOULD LIKE TO OFFER MY CO COMMENTS.
I WALK THE NEIGHBORHOOD OUT OFTEN AND I FEEL THAT THIS, UH, F CREEK FENCE WOULD BEAUTIFY THE, THE CORNER AND INTERSECTION, THE EXISTING FENCE NEEDS TO BE REPLACED AND IF, UH, THEY'RE CONSI.
UH, CONSIDERING THIS I AM IN FAVOR, PEDESTRIANS TEND TO LEAVE THEIR TRASH BEHIND ON THE, THE TABLE ON THE EXISTING BORDER WALL.
THE PICTURED FENCE WILL NOT HAVE, UH, WILL NOT HAVE THAT.
ALSO, IT WILL MATCH THE FENCE ACROSS THE STREET.
I DON'T HAVE A PROBLEM WITH THE EIGHT FOOT.
UH, THE ONE THERE SEEMS TO BE, TO BE.
UH, THANK YOU FOR TAKING THE TIME TO REQUEST OPINION.
UH, THE NEXT ONE IS FROM THE NEIGHBORS ASSOCIATION.
I WANTED TO ASK THE NEIGHBOR ACROSS THE STREET IF HE HAD CONCERNS AND HE SAID, NO.
THE CORNER IS VERY BUSY, INCLUDING A BUS STOP, I THINK ASK YOU FOR THE FOOT FIT IS ACCEPTABLE.
UH, LET'S SEE, THE NEXT ONE, GARY, UH, KUNZ 11 8 4 3.
RAISE YOU NUMBER 2101 IN FAVOR, MATTHEW BROWN, 11 8 4 3.
10 IN FAVOR,
IT IS A HEAVY TRAFFIC INTERSECTION.
AND ALMO, ROSA HERNANDEZ 11 9 0 3 TARRAGON IN FAVOR, LOTS OF, UH, WALKING TRAFFIC.
AND I ALSO, UH, CONSIDERING EIGHT CALLED TALL FENCE AS WELL FOR MY HOUSE, UH, AND TALK ABOUT THIS STUFF AS WELL.
THAT CONCLUDES ALL THE COMMENTARY.
UH, DO WE HAVE ANY COMMISSIONER QUESTIONS? ALL RIGHT, UH, I HAVE A QUESTION, UH, FOR THE APPLICANT.
UH, YOU HAD MENTIONED THAT YOU'RE GONNA RE REMOVE THE SHORT, UH, WALL THAT'S OWNED BY THE H O A YOUR, YOUR INTENT IS NOT TO CONSTRUCT THE FENCE, UH, OUTSIDE OF YOUR PROPERTY LINE.
IS THAT CORRECT? THAT'S CORRECT.
THE, UM, THE PROPOSED FENCE WOULD BE, UM, IN LINE WITH THE WHITE PICKET FENCE THAT YOU SEE IN THE PICTURES.
UM, BUT, BUT THE, THE THREE FOOT, UM, STONE FENCE FOR THAT SECTION WOULD BE REMOVED.
WHAT, WHAT PROMPTS? 398, UH, NOTICES BEING SENT OUT.
THAT'S THE FIRST TIME I EVER HEARD OF THAT.
IS IT A BUS LINE OR PEOPLE, OR ANYBODY? SOMEBODY.
SO CATTYCORNER, YOU'VE GOT, UH, SO IT'S ONE PROPERTY AND THEIR CONDO ASSOCIATION SAYS THEY OWN THEIR OWN, UH, STRUCTURE, BUT THEY DON'T KNOW THE LAND ITSELF.
SINCE A PORTION OF THE 200 FEET
[02:25:01]
IS WITHIN THAT PROPERTY, WE'RE REQUIRED TO NOTIFY ALL, UH, CONDO ASSOCIATION OWNERS.ANY OTHER QUE COMMISSIONER MANNA? UM, YES, THIS IS A FOLLOW UP.
UM, COMMISSIONER OREN'S QUESTION WITH REGARDS TO REMOVAL OF THE FENCE.
SO, SO ONCE THE FENCE IS REMOVED, IS THE CONCRETE FOOTING GONNA REMAIN? SO DOES IT, UM, OR IS THAT GONNA REQUIRE MAINTENANCE THEN FROM YOU AND OR, UH, THE COMMUNITY? UM, THE, THE INTENT WAS TO LEAVE THE CONCRETE FOOTING UNDER THE STONE FENCE TO GET IT AS, UM, CLOSE TO FLUSH AS POSSIBLE.
AND THEN IMMEDIATELY, UM, BEHIND THE FOOTING IS WHERE THE FENCE CREEK FENCE WOULD BE INSTALLED.
UH, ANY OTHER QUESTIONS? ALL RIGHT.
UH, HEARING NONE, UH, THE APPLICANT, I MEAN, YOU'VE HEARD NOTHING, UH, BUT SUPPORT FROM, FROM THE SURROUNDING AREA, BUT YOU HAVE AN OPPORTUNITY TO PROVIDE, UH, ANY CLOSING REMARKS BEFORE WE MOVE ON TO A MOTION, IF YOU WISH.
UM, UH, I FEEL THE SPECIAL EXCEPTION IS IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER AS IT ADDRESSES A UNIQUE CIRCUM CIRCUMSTANCES OF THE PROPERTY'S LOCATION ADJACENT TO AN INTERSECTION.
UM, THE PUB PUBLIC WELFARE WILL BE SERVED BY MAINTAINING THE CLEAR VISION AREA AT THE CORNER OF LARKSBURG AND BRAS VIEW, AND IS SHOWN THE NEIGHBORING PROPERTIES WILL NOT BE INJURED AND THE ESSENTIAL CHARACTER WILL BE, UM, WILL NOT BE ALTERED.
UM, UM, THAT'S REALLY ALL I HAVE.
UH, WOULD A COMMISSIONER LIKE TO MAKE A MOTION ON THIS BRAGMAN COMMISSIONER BRAGMAN? THANK YOU.
REGARDING CASE NUMBER BO A DASH 21 DASH 0 3 0 0 4 7, I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR THE SPECIAL EXCEPTION TO THE PERMITTED SIX FOOT PRIVACY FENCE IN SECTION 35 DASH 514 C TO ALLOW A SIDE AND REAR YARD FENCE TO BE AN EIGHT FOOT TALL PRIVACY FENCE, SITUATED AT 1 1 9 0 7 TARRAGON COVE.
APPLICANT BEING SHOWN, CLAY, THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LIBERAL 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 BE IN HARMONY OF THE SPIRIT AND PURPOSE OF THE CHAPTER.
THE U D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION.
THE ADDITIONAL FENCE HEIGHT IS INTENDED TO PROVIDE PRIVACY OF THE APPLICANT'S PROPERTY.
IF GRANTED, THIS REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE PHRASE, VIEW ACTS AS A COLLECTOR, THAT THE STREET WAS DEFINED AS A COLLECTOR, THE PROPOSED FENCE HEIGHT WOULD BE ALLOWED.
B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE.
THESE CRITERIA ARE PRESENTED BY FENCE SITES TO PROTECT PRESIDENT RESIDENTIAL PROPERTY OWNERS, WHILE STILL PROMOTING A SENSE OF COMMUNITY.
AN EIGHT FOOT FENCE ALONG THE BACK AND SIDE PROPERTY LINES WILL PROVIDE ADDITIONAL PRIVACY AND SECURITY FOR THE APPLICANT'S PROPERTY.
THIS IS NOT CONTRARY TO THE PUBLIC INTERESTS.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE FENCE WILL CREATE ENHANCED SECURITY AND PRI PRIVACY FOR THE SUBJECT PROPERTY.
AND IT'S UNLIKELY TO INJURE ADJACENT PROPERTIES, WHICH WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE ADDITIONAL HEIGHT FOR THE INTER, FOR THE SECTION OF SIDE AND BACK YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND WILL PROVIDE SECURITY OF THE DISTRICT.
E 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 SINGLE FAMILY HOME.
THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT.
IS THERE A SECOND? SHALL SECOND? SECOND.
I THOUGHT I HEARD HER NAME FIRST.
UM, COMMISSIONER BRAGMAN, PLEASE LEAD, LEAD THE DISCUSSION.
I'LL BE IN SUPPORT OF THE MOTION.
UM, I HAVE GREAT SYMPATHY FOR THE LOCATION OF THE PROPERTY.
I KNOW HOW BUSY BRIEF VIEW IS, ESPECIALLY PEOPLE COMING FROM NORTHWEST MILITARY GOING OVER TO PATRICIA AND WEST AVENUE.
UH, AND THEN ADDITION, HAVING THE, UH, MULTITUDE OF APARTMENT COMPLEXES, UH, NEARBY.
AND THEN ON TOP OF IT, THE INTERSECTION, WHEREAS HE RIGHTLY POINTS OUT ACCELERATION
[02:30:01]
AND DECELERATION FROM CARS IS MUCH NOISIER THAN JUST A BUSY, UH, STREET.SO I WILL BE IN SUPPORT OF THE MOTION.
AND, UH, COMMISSIONER SHELL, UM, I ALSO WILL BE SUPPORTING THE MOTION.
I THINK, UM, IT'S PRETTY CLEAR THAT THIS IS GONNA BE AN IMPROVEMENT NOT JUST TO THE APPLICANT'S PROPERTY, BUT TO THE AREA OVERALL.
IT LOOKS LIKE THE COMMUNITY, UM, IS, IS DEFINITELY IN FAVOR AND, AND SEES SOME OF THE, UH, DOWNFALLS OF THE CURRENT FENCE WALL COMBO SITUATION.
AND I THINK THIS WILL RELIEVE THAT FOR THE ENTIRE COMMUNITY.
UH, ARE THERE ANY OTHER COMMISSIONERS I'D LIKE TO ADD? ALRIGHT, HEARING NONE, UH, STAFF, UH, PLEASE TAKE A ROLL CALL THOUGH.
I CONCUR WITH THE FINDINGS OF FACT.
MRNA, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
[8. 21-3610 Consideration and approval of May 3, 2021 Board of Adjustment meeting minutes.]
THE, THE MINUTES I MOVE.THAT WOULD BE, UH, FOR THE MINUTES AS WRITTEN.
WE HAVE A MOTION BY COMMISSIONER MANNA AND A SECOND BY COMMISSIONER SHELL, UH, FOR APPROVAL OF THE MINUTES STAFF, PLEASE TAKE A ROLL CALL.
MS. BRE? I APPROVE MR. DELMER.
I'LL ABSTAIN SINCE I WASN'T PRESENT.
IS THERE A DIRECTOR'S REPORT? NO, SIR.
UM, WELL WITH THAT IN MIND, IT IS 3 45.
UH, HOPE EVERYBODY HAS A GREAT REST OF YOUR DAY.
I'M HERE BY ADJOURN THE MEETING.