* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.
          WE'RE LIVE. 
          [00:00:06]
AND WE'RE LIVE. 
          GREAT. 
          [Call to Order]
GOOD AFTERNOON LADIES AND GENTLEMEN. 
          MY NAME IS DONALD ORIAN AND I AM THE CHAIRMAN OF THE BOARD OF ADJUSTMENT OF THE CITY, SAN ANTONIO. 
          UH, I HEREBY CALL THIS REGULARLY NOTICED MEETING OF THE CITY SAN ANTONIO BOARD OF ADJUSTMENT INTO SESSION. 
          UH, CAN WE PLEASE HAVE OUR INTERPRETERS READ THE, UH, INTERPRETATION SERVICES AVAILABLE FOR THE MEETING? THANK YOU. 
          THANK YOU. 
          UH, STAFF, UH, PLEASE CONDUCT THE ROLL CALL. 
          MICHELLE. 
          PRESENT. 
          PRESENT. 
          MR. BE IS OUT. 
          MR. MENCHACA PRESENT. 
          MS. CRUZ? HERE. 
          MR. MANNA PRESENT. 
          MS. BREGMAN? PRESENT. 
          MR. DELMER? PRESENT. 
          MS. FISHER? PRESENT. 
          MR. TEALS PRESENT. 
          MR. OZUNA PRESENT AND CHAIR ORIAN AND I AM ALSO PRESENT. 
          WE HAVE A QUORUM. 
          THANK YOU VERY MUCH. 
          SO, BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION. 
          UH, THE BOARD IS AN ADMINISTRATIVE BODY, NOT A COURT OF LAW. 
          WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. 
          SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE 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 A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 35 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. 
          WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUEST FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28. 
          EVERY DECISION OF 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 RECURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. 
          THE BURDEN OF PROOF AND GRANTING THE RELEASE SOUGHT RESTS WITH THE APPLICANT. 
          THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUEST REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. 
          SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT OF LAW DEPENDING ON THE RECORD OF THESE PROCEEDINGS. 
          APPEALS FROM THE BOARD'S. 
          DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL PRIOR TO STARTING WITH THEIR ITEMS. I WOULD LIKE STAFF TO REVIEW OUR MEETING FORMAT. 
          STAFF, UH, PLEASE PROCEED TO PROTECT THE HEALTH AND OF THE PUBLIC AND LIMIT THE POTENTIAL SPREAD OF COVID 19. 
          THE BOARD OF ADJUSTMENT IS HOLDING MEETINGS VIA VIDEO CONFERENCE. 
          THESE MEETING STANDARDS ARE BASED UPON THE VARIOUS SUSPENDED PROVISIONS OF THE OPEN MEETINGS ACT ISSUED BY THE TEXAS GOVERNOR IN RESPONSE TO THE COVID 19 CRISIS AND OR IN PLACE UNTIL FURTHER NOTICE, MEMBERS OF THE PUBLIC CAN WATCH AND LISTEN TO 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. 
          PLEASE INCLUDE EMAIL OR MAIL OF COMMENTS, DROPPING OFF COMMENTS, LEAVING VOICEMAIL OR ASKING TO BE CALLED DURING THE MEETING. 
          STATEMENTS OR COMMENTS WILL BE LIMITED TO TWO MINUTES FOLLOWING THE PRESENTATION OF THE BY THE APPLICANT. 
          STAFF WILL READ INTO THE RECORD ANY EMAILS OR LETTERS RECEIVED. 
          STAFF WILL ALSO PLAY ANY MESSAGES RECEIVED BY VOICEMAIL. 
          LASTLY, FOR THOSE THAT SIGNED UP TO, UH, RECEIVE A CALLBACK, WE'LL CALL THEM BACK TO, UH, CALL THEM TO STATE THEIR TWO MINUTE COMMENTS. 
          SPANISH INTERPRETERS ARE ON STANDBY AS NEEDED. 
          THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTALS WITH A TWO MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS COMMISSION QUESTIONS. 
          OKAY? ALRIGHT. 
          OKAY, WE'RE 
          [1. 21-4172 (Continued from May 17, 2021) BOA-21-10300042]
READY TO PROCEED TO OUR FIRST CASE. 
          UH, ITEM ONE. 
          STANDBY. 
          SIR. 
          WE'RE WAITING FOR THE APPLICANT TO GO ONLINE. 
          OKAY. 
          UH, THI THIS IS CHRIS STR. 
          OH, WE GOT YOU. 
          OKAY, SIR, WE CAN START. 
          SO FIRST CASE IS B O A 21 1 0 3 0 0 0 4 2. 
          THE ADDRESS IS 28 31 NORTHWEST, UH, LOOP FOUR 10 COUNCIL DISTRICT ONE APPLICANT IS JOSE FONG. 
          [00:05:01]
THIS IS AN APPEAL TO THE LAND DEVELOPMENT'S DECISION OF A DENIAL FOR NON-CONFORMING FOR LIVE ENTERTAINMENT WITHOUT COVER CHARGE THREE OR MORE DAYS PER WEEK. 
          ZOIA C THREE A H O D FIVE, SUBJECT PROPERTY IS LOCATED EAST OF THE INTERSECTION OF I H N AND NORTHWEST LOOP FOUR 10. 
          APPLICANT RECEIVED A CERTIFICATE OF OCCUPANCY FOR A LOUNGE WITH ALCOHOL BEVERAGES ON NOVEMBER 2ND, 2004, A NIGHTCLUB WITH LIVE MUSIC AND ALCOHOLIC BEVERAGES FOR SALE ON SEPTEMBER 29TH, 2009, AND IS AMENDED TO A NIGHTCLUB WITH LIVE ENTERTAINMENT AND ALCOHOLIC BEVERAGES FOR SALE COVERAGE. 
          UH, COVERAGE CHARGE LESS THAN THREE DAYS PER WEEK ON MARCH 5TH, 2010. 
          AND A NOTE WAS ADDED TO THE USE READING REQUIRED CURRENT HEALTH PERMIT AND K C LICENSE, WHICH WAS ADDED ON OCTOBER 17TH, 2019. 
          IN 2009, THE UNIFIED DEVELOPMENT CODE WAS AMENDED TO UPDATE THE PERMITTED USE TABLE TO ADD LIVE ENTERTAINMENT USES AND AMEND BAR AND NIGHTCLUB DEFINITIONS IN ORDER TO CREATE A SEPARATE USE CATEGORY, UH, AND DEFINITION FROM LIVE ENTERTAINMENT DUE TO ADVERSE IMPACTS ON ADJACENT OR NEARBY USES. 
          SINCE THE USE AT 28 31 NORTHWEST LOOP FOUR 10 WAS PREVIOUSLY CLASSIFIED AS A FOREIGN NIGHTCLUB USE, UH, AND THE PROPERTY WAS ZONED C THREE WITHOUT AN SS, THE PROPERTY BECAME LEGAL, NON-CONFORMING, NON-CONFORMING USE REGISTRATION WAS APPROVED ON MARCH 5TH, 2010 FOR LIVE ENTERTAINMENT WITHOUT COVER CHARGE THREE OR MORE DAYS PER WEEK FOR THIS LOCATION, THE PREVIOUS TENANT, UH, PEPS, L L C, APPLIED FOR NON-CONFORMING USE REGISTRATION ON JULY 10TH, 2020, AND WAS DENIED ON AUGUST 27TH, 2020. 
          AND THE DECISION WAS NOT APPEALED BY THE, BY THE TENANT DURING ZONING. 
          STAFF REVIEW OF THE EVIDENCE PROVIDED IN THE APPLICATION EVIDENCE INDICATED THAT THE PROPERTY WAS WITHOUT ELECTRICITY SERVICE FROM JUNE, 2018 TO JULY, 2019 AS CONFIRMED BY CITY PUBLIC SERVICE. 
          A NEW APPLICATION FOR NON-CONFORMING USE. 
          REGISTRATION WAS SUBMITTED BY THE OWNERS FOR THE SAME LIVE ENTERTAINMENT WITHOUT COVER CHARGE THREE OR MORE DAYS PER WEEK. 
          UM, ON MARCH 11TH, 2021, DENIAL OF THE REGISTRATION OF THE NON-CONFORMING USE WAS PROVIDED TO THE APPLICANT ON MARCH 26TH, 2021. 
          AN APPEAL OF THE DECISION WAS APPLIED FOR ON APRIL 14TH, 2021 MEETING THE REQUIRED 20 DAY APPEAL OF THE DECISION. 
          THE APPLICANT STATES THAT THE REASON FOR NO ELECTRICITY SERVICE, UH, FROM JUNE, 2018 TO JULY, 2019, WAS ONGOING LITIGATION FOR THE PREVIOUS LEASE LEASE HOLDER, UH, WHEN LITIGATION WAS AT A, UH, JUNCTURE WHEN THE PROPERTY OWNER WAS ABLE TO LEASE THE PROPERTY. 
          THE NEW LEASE HOLDER APPLIED FOR C O O ON OCTOBER 17TH, 2019 FOR A NIGHTCLUB WITH LIVE ENTERTAINMENT AND COVER CHARGE LESS THAN THREE DAYS PER WEEK, UH, WHICH IS A USE NOT PERMITTED BY RIGHT IN THE C THREE BASED ZONING DISTRICT SECTION 35 7 0 4 A STATE. 
          ANY NON-CONFORMING USE MAY BE CHANGED TO A USE CONFORMING WITH THE REGULATIONS HEREIN ESTABLISHED FOR THE DISTRICT IN WHICH THE NON-CONFORMING USE IS LOCATED. 
          PROVIDED, HOWEVER, THAT A NON-CONFORMING USE SO CHANGED SHALL NOT THEREAFTER BE CHANGED. 
          BACK TO A NON-CONFORMING USE. 
          HERE'S A, UH, PHOTO OF THE SUBJECT PROPERTY, SUBJECT PROPERTY, UH, LOOP FOUR 10 AND THE SURROUNDING AREA STAFF RECOMMENDS DENIAL OF BOA 21 1 0 3 0 4 2 BASED ON THE FOLLOWING FINDINGS OF FACT, THE USE WAS ABANDONED FROM JUNE, 2018 TO JULY, 2019. 
          NO NEW EVIDENCE WAS PROVIDED TO SHOW LEGAL CONTINUOUS USE OF THE PROPERTY. 
          NEXT SLIDE, 10 NOTICES WERE SENT OUT. 
          ZERO IN FAVOR. 
          THERE ARE TWO IN OPPOSITION WITH ONE VOICEMAIL, AND THERE'S NO NEIGHBORS ASSOCIATION IN THE AREA. 
          NEXT SLIDE. 
          WE DO HAVE THE APPLICANT'S ATTORNEY ON THE ON THE LINE. 
          UH, MR. CHRIS STR WHEN YOU ARE READY, SIR, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION. 
          THIS IS CHRIS STR, UH, WITH FORD AND MURRAY. 
          UH, I'M AT 2001 REUNION PLACE, SUITE SIX 40, SAN ANTONIO, TEXAS 7 8 2 1 6. 
          I WANT TO THANK THE BOARD OF ADJUSTMENT, UH, UH, FOR HEARING ME OUT TODAY. 
          UM, BEFORE I GET STARTED, CAN EVERYONE HEAR ME? CAN I BE HEARD? YES, SIR. 
          HEAR LOUD AND CLEAR. 
          [00:10:01]
OKAY. 
          OKAY. 
          SO I'M APPEARING ON BEHALF OF JOSE FONG, WHO IS AND HIS SISTER ERICA CENA, WHO IS THE OWNERS OF LOOP FOUR 10 DEVELOPMENT. 
          UM, THE ISSUE, AS I UNDERSTAND IT BEFORE THE BOARD TODAY, IS THE DENIAL OF A NON-CONFORMING USE APPLICATION FOR LIVE ENTERTAINMENT WITHOUT COVER CHARGE THREE OR MORE DAYS PER WEEK. 
          THE PROPERTY IN QUESTION IS LOCATED AT 2131 NORTHWEST LOOP FOUR 10 IN SAN ANTONIO, TEXAS. 
          MY CLIENTS SEEK THE SAME ENTERTAINMENT, SAME LIVE ENTERTAINMENT LICENSE PERMIT THAT PREVIOUS BUSINESSES AT THE PROPERTY OPERATED UNDER SINCE 2010. 
          THE PROPERTY HAS BEEN SUBJECT TO PROTRACTED LITIGATION BETWEEN MY CLIENTS, THE OWNERS OF THE PROPERTY, AND A PREVIOUS, PREVIOUS TENANT, AND THAT LITIGATION CONTINUES. 
          UM, THE CITY OF SAN ANTONIO DENIED MY CLIENT'S APPLICATION BASED ON THE CITY'S FINDING THAT THE BUILDING WAS WITHOUT POWER FROM JUNE OF 2018 TO JULY OF 2019. 
          UM, MY UNDERSTANDING IS THAT THE CITY'S DENIAL OF THE APPLICATION FOR LIVE ENTERTAINMENT PERMIT IS BASED UPON SECTION 35 DASH 7 0 2 B TWO OF THE UNIFIED DEVELOPMENT CODE, WHICH STATES AS FOLLOWS. 
          UH, ABANDONMENT, IF SUCH NON-CONFORMING USE IS DISCONTINUED FOR 12 MONTHS, ANY FUTURE USE OF SUCH PREMISES SHALL BE IN CONFORMITY WITH THE PROVISIONS OF THIS CHAPTER. 
          ABANDONMENT OF A NON-CONFORMING USE SHALL TERMINATE THE RIGHT TO OPERATE SUCH USE. 
          THE CITY'S FINDING THAT THE NON-CONFORMING USE IS DISCONTINUED FOR 12 MONTHS WAS THE BASIS OF THEIR DECISION, AND THAT FINDING WAS BASED ON THE POWER BEING TURNED OFF TO THE BUILDING FOR 12 MONTHS, AND I THINK IT WAS ACTUALLY FOR 12 MONTHS AND 13 DAYS. 
          UM, THE SECTION OF THE DEVELOPMENT CODE THAT I JUST READ CLEARLY IS FRAMED IN TERMS OF ABANDONMENT AND STATES THAT ABANDONMENT OF A NON-CONFORMING USE SHALL TERMINATE THE RIGHT TO THE USE. 
          THUS, ANY DISCONTINUANCE MUST BE UNDERSTOOD AND READ IN TERMS OF AN ABANDONMENT, UM, ABANDONMENT, THE NOTION OF ABANDONMENT, WHETHER AT COMMON LAW AND CRIMINAL LAW, UH, UH, UM, ALWAYS INCLUDES AS THE ESSENTIAL ELEMENT OF AN OF ABANDONMENT AND INTENT TO ABANDON. 
          UM, THAT IS ESSENTIAL. 
          THE LITIGATION THAT CONCERNED THIS PROPERTY AND IT'S STILL GOING ON. 
          I I MIGHT ADD NEGATES ANY INFERENCE THAT THE PREVIOUS NON-CONFORMING USE WAS ABANDONED AGAIN AT ALL TIMES DURING THE PERIOD WHEN THE BUILDING WAS WITHOUT POWER. 
          THE PROPERTY WAS THE SUBJECT OF THE LITIGATION IN WHICH A LOCKED OUT TENANT SOUGHT TO REGAIN POSSESSION OF THE PROPERTY. 
          THE RELEVANT PORTION OF THE TIMELINE, UM, AND I I'M NOT GONNA TAKE YOU BACK THROUGH THE HISTORY OF THIS LITIGATION 'CAUSE IT'S, IT'S FAIRLY CONVOLUTED, BUT THE RELEVANT PORTION OF IT REALLY BEGINS DECEMBER THE SEVENTH OF 2017 WHEN MY CLIENT LOCKED OUT THERE PREVIOUS TENANT, UM, IN A LANDLORD DISPUTE. 
          UM, THERE WAS A DISPUTE OVER AN ONGOING DISPUTE OVER, UH, LACK OF INSURANCE COVERAGE THAT THE, THAT THE, UH, LEASE MANDATED IN ANY CASE, JANUARY, THE JANUARY THE 26TH OF 2018, A NEW LAWSUIT, OR A LAWSUIT WAS FILED BY THE LOCKED OUT TENANT THROUGH AN ENTITY KNOWN AS AS TRIPLE M FOUR 10 BAR AND GRILL, UM, THAT HAD ASSUMED THE LEASE AND WAS OPERATING THE PROPERTY. 
          THAT TENANT THAT INITIATED THE LAWSUIT OBTAINED A TEMPORARY RESTRAINING ORDER PREVENTING ANY FORECLOSURE PROCEEDINGS ON THE PROPERTY. 
          UM, AND ON FEBRUARY 9TH, THERE WAS A HEARING ON AN APPLICATION THAT 
          [00:15:01]
THAT TENANT HAD FILED AS PART OF THEIR LAWSUIT FOR A TEMPORARY INJUNCTION. 
          AT THAT TIME, ALL UTILITIES WERE NOT IN THE NAME OF MY CLIENT, THE OWNER OF THE PROPERTY, AND MY CLIENT DID NOT CONTROL, UM, THE ENTITY, UH, THE VP TIMES IN WHOSE NAME THE UTILITIES WERE. 
          UM, ON FEBRUARY 22ND, PLAINTIFF'S APPLICATION FOR A TEMPORARY INJUNCTION WAS DENIED BY BEXAR COUNTY DISTRICT JUDGE KATHY STRYKER OR KATHLEEN STRYKER, I SHOULD SAY. 
          UM, HOWEVER, ON MARCH 13TH, 2018, THAT TENANT FILED A NOTICE OF APPEAL OF THE DENIAL OF ITS APPLICATION FOR A TEMPORARY INJUNCTION. 
          THAT APPEAL WENT UP TO THE FOURTH COURT OF APPEALS. 
          IT IT WAS IN THE FOURTH COURT OF APPEALS UNTIL OCTOBER 17TH, 2018, WHEN THE FOURTH COURT ISSUED A MEMORANDUM OPINION AFFIRMING THE TRIAL COURT'S DENIAL OF THE TEMPORARY INJUNCTION. 
          HOWEVER, WHILE THE TEMPORARY INJUNCTION WAS DENIED, THE CASE WAS STILL OPEN AND THE PLAINTIFFS WERE STILL SEEKING BOTH DAMAGES AND POSSESSION OF THE PROPERTY. 
          UH, AND INDEED, EVEN ON MARCH 19TH, 2019, THAT TENANT TRIPLE M FILED A SECOND AMENDED PETITION, WHICH ALSO SOUGHT AND INCLUDED AN ORDER RESTORING ITS ACCESS TO THE PROPERTY UNDER THE LEASE. 
          UM, IN THE, IN THE SPRING AND SUMMER OF 2019, MY CLIENT SOUGHT TO LEASE THIS PROPERTY TO A NEW TENANT FOR THE SAME NON-CONFORMING USE AS THE PROPERTY HAD BEEN PUT TO SINCE 2010. 
          AND IN, AND DURING THAT TIME, NEGOTIATIONS WERE ENTERED INTO OVER A NEW LEASE TO THE PROPERTY TO PUT IT TO THAT SAME USE. 
          THE POWER TO THE PROPERTY WAS RESTORED IN JULY, JULY THE 16TH OF 2019. 
          IN SEPTEMBER OF 2019, MY CLIENT'S LEASE THE PROPERTY TO MOSS ROCK HOLDINGS, AGAIN FOR THE SAME NON-CONFORMING USE. 
          A DECISION WAS MADE AFTER THE FOURTH COURT'S DENIAL OF THE, OR AFFIRMATION OF THE ORDER DENYING THE TEMPORARY INJUNCTION TO TRY TO LEASE THE PROPERTY, ALTHOUGH IT WAS IN LITIGATION, UM, BUT TO DISCLOSE THE LITIGATION IN THE LEASE AND THAT THE LEASE WOULD BE SUBJECT TO THE LITIGATION. 
          UM, SO THE FACT THAT THE LITIGATION DID COMPLICATE ENTERING INTO A NEW LEASE WITH, WITH ANY NEW TENANT, BUT AT NO TIME WAS THERE AN INTENT BY MY CLIENT TO ABANDON THE USE OF THE, OF THE PROPERTY. 
          AND THE, THE FACTS WHEN YOU LOOK AT THEM, SHOW JUST THE OPPOSITE. 
          THEY WERE ATTEMPTING TO FIND ANOTHER TENANT. 
          THEY WERE NEGOTIATING A LEASE WITH ANOTHER TENANT. 
          THE, THE PERSPECTIVE USE WAS THE SAME USE THAT THE PROPERTY HAD BEEN PUT TO FOR, FOR 10 YEARS. 
          UM, THE DISCONTINUANCE OF THE POWER TO THE PREMISES WAS A FUNCTION OF THE LITIGATION WITH THE PRIOR TENANT AND NOT DUE TO ANY INTENT TO ABANDON A NON-CONFORMING USE. 
          AGAIN, THE UNIFIED DEVELOPMENT CODE AND, AND I THINK HAS TO BE READ IN TERMS OF AN ABANDONMENT. 
          THAT'S CLEARLY WHAT IT SAYS. 
          UM, AND THE ESSENTIAL ELEMENT OF ABANDONMENT IS AN INTENT TO ABANDON, AND THERE'S SIMPLY NO EVIDENCE IN THIS CASE OF ANY ATTEMPT TO ABANDON. 
          IN FACT, THE, I THINK THE FACTS OF IT, UM, REFUTE THAT. 
          UM, AND SO I WANT TO THANK YOU AGAIN FOR, FOR HEARING ME OUT. 
          UM, BUT, BUT THAT'S, THAT'S THE ESSENTIAL POSITION, UH, OF MY CLIENT. 
          OKAY. 
          THANK YOU STAFF. 
          UH, WHY DON'T WE, UH, MOVE ON TO PUBLIC COMMENTARY? SURE, NO PROBLEM. 
          WE'RE GONNA PLAY VOICEMAIL AND THEN WE'VE GOT A COUPLE OF LETTERS, I BELIEVE TO, UH, READ INTO THE RECORD. 
          [00:20:10]
CALLBACK NUMBER THREE, VANESSA P HELLO, MY NAME IS VANESSA PETERSON. 
          I AM CALLING ON BEHALF OF DOSA ENTERPRISES PROPERTY AT 27 31 NORTHWEST LOOP FOUR 10 SAN ANTONIO, TEXAS. 
          CALLBACK NUMBER 3 6 1 9 8 5 1 1 0 3. 
          DOA ENTERPRISES IS IN OPPOSITION OF CASE NUMBER B O A 2 1 1 0 3 0 0 0 4 2 AT PROPERTY 28 31 NORTHWEST LOOP FOUR 10 SAN ANTONIO, TEXAS. 
          THANK YOU. 
          WE ALSO HAVE A COUPLE OF NOTICES YOU'LL SEE ON THE SCREEN THAT ARE IN OPPOSITION. 
          CAN YOU ZOOM IN A LITTLE BIT? ONE WAS FROM HEALTH TEXAS MEDICAL GROUP. 
          I'M SORRY, IT WAS JUST ONE, THIS ONE. 
          AN OPPOSITION. 
          BACK YOU CHAIR. 
          OKAY. 
          THANK YOU VERY MUCH. 
          UM, LET'S OPEN THIS UP TO, UH, COMMISSIONER QUESTION. 
          WHO WOULD LIKE TO START BRAGMAN? UH, COMMISSIONER BRAGMAN. 
          UM, THIS IS FOR THE, UH, PETITIONER. 
          UM, DID ANY OF THE LEASES, WERE THE TENANTS INCLUDE ANY KIND OF LANGUAGE THAT SPECIFIED THAT, THAT, UH, UTILITIES HAD TO BE KEPT ON AT ALL TIMES? I, I, I DON'T BELIEVE SO. 
          I BELIEVE THAT, THAT THERE WAS JUST A, AND I, I'D HAVE TO LOOK CLOSELY AT, AT THE LEASES ABOUT FOR THAT, BUT I'M, I'M NOT SURE IF THAT'S THE CASE. 
          OKAY. 
          THANK YOU. 
          OKAY. 
          UH, WHO ELSE? MANNA NEXT? COMMISSIONER MANNA, THIS APPLICANT'S OR THIS QUESTION'S FOR THE APPLICANT. 
          AND SO I'M TRYING TO UNDERSTAND WHAT THE DIFFERENCE IS IN THE PERMITTED USE, UH, WITH THE CONFORMING VERSUS NONCONFORMING FOR THIS PARTICULAR PROPERTY. 
          SO WHAT PARTICULARLY, UM, YOU KNOW, IT SEEMS LIKE, YOU KNOW, UH, THERE'S A LOT ALLOWED FOR C THREE. 
          SO WHAT IS IT THAT'S NOT ALLOWED, I GUESS THAT REQUIRES CONFORMING? YOU KNOW, THERE WAS, THERE'S BEEN A LOT OF CONFUSION AND, AND I THINK THERE STILL IS IN MY MIND, BETWEEN THESE DIFFERENT DESIGNATIONS. 
          UM, MY UNDERSTANDING FROM A CONVERSATION WITH THE CITY ON FRIDAY WAS THAT THE DIFFERENCE WOULD BE THAT THE LIVE ENTERTAINMENT WITHOUT COVER CHARGE THREE OR MORE DAYS PER WEEK, UM, WAS A WHAT WE, WHAT THE, UH, PROPERTY HAD BEFORE, BUT B WITHOUT IT, THERE WOULD HAVE TO BE, UM, A NUMBER OF REMODELING, UM, TO THE PROPERTY, A DANCE FLOOR ADDED AND THINGS LIKE THAT. 
          OKAY. 
          AND, AND THAT IT WOULD HAVE TO BE OPERATED PRIMARILY AS A NIGHT CLUB IS, IS MY UNDERSTANDING, BUT, BUT MAYBE THE, THE, THE CITY FOLKS CAN, CAN ELABORATE, BUT YEAH. 
          SO NOW I'LL PASS THE QUESTION ON TO THE CITY ESSENTIAL POINT IS, THE ESSENTIAL POINT FOR ME IS THAT, AND, AND FOR MY CLIENT IS THAT WHAT, WHATEVER NON-CONFORMING USE THEY HAD IN THE PAST, THERE SHOULD NOT BE A FINDING THAT THEY ABANDONED THAT. 
          OKAY. 
          THAT, THAT, I JUST WANNA MAKE SURE WE'RE CLEAR ON THE LINE OF QUESTIONING. 
          UH, COMMISSIONER MANOR WAS ASKING ABOUT WHAT WOULD BE ALLOWED OR WHAT WOULDN'T BE ALLOWED STAFF. 
          CAN YOU PLEASE, UH, EXPAND ON THAT? SO, UM, THE, AS WE'VE STATED IN THE PRESENTATION, A NIGHTCLUB USE, WHICH IS ESSENTIALLY A TAVR, UH, WHERE THEY HAVE, UH, COMPONENTS OF LIVE ENTERTAINMENT. 
          IT HAS ALCOHOL SALES AS PART OF IT, BUT THE LIVE ENTERTAINMENT IS ONLY ALLOWED AS AN ACCESSORY USE. 
          SO THAT WOULD BE LESS THAN THREE DAYS A WEEK. 
          UM, ALONG WITH THAT COVER CHARGE, SO ESSENTIALLY THE REST OF THE TIME IS JUST A BAR. 
          UH, SO THAT WOULD BE PERMITTED BY WRIGHT, WHICH IS WHAT THE PREVIOUS TENANT APPLIED FOR US TO GET A OCC. 
          BUT THEIR USE LIVE ENTERTAINMENT USE, UM, UH, WITH OR WITHOUT COVER CHARGE, NO MATTER THE DAYS OF THE WEEK IS NOT A USE PERMITTED BY RIGHT IN THIS DISTRICT. 
          OKAY. 
          SO JUST TO MAKE 
          [00:25:01]
SURE WE'RE CLEAR, LIVE ENTERTAINMENT WITH OR WITHOUT A COVER CHARGE, THREE OR MORE DAYS A WEEK IS NOT ALLOWED. 
          LESS THAN THREE DAYS A WEEK IS ALLOWED. 
          SO NEITHER OF THE LIVE ENTERTAINMENT USES WITH OR WITHOUT COVER CHARGE, NO MATTER HOW MANY DAYS PER WEEK REQUIRES A SPECIFIC USE AUTHORIZATION IN C THREE. 
          SO THAT'S WHY, THAT'S WHY THEY, THEY'RE APPLYING FOR A NON-CONFORMING USE REGISTRATION FOR THE LIVE ENTERTAINMENT USE WITHOUT THE COVER CHARGE THREE OR MORE DAYS A WEEK. 
          SO ESSENTIALLY THAT MEANS A LIVE ENTERTAINMENT USE FOR, UH, WITH COVER CHARGE TWO DAYS OR LESS A WEEK. 
          WAIT, OKAY. 
          UH, I'LL TURN IT BACK TO COMMISSIONER MANNA. 
          SO, UM, SO I KNOW THAT, YOU KNOW, SO FROM A COMMUNITY PERSPECTIVE, YOU KNOW, AS THE, AS WE WORK THROUGH, UM, UM, PERMITTED USE WITH CONFORMING AND NON-CONFORMING, YOU KNOW, I, I KNOW THAT PART OF THE DIALOGUE IS TO ALLOW FOR THE COMMUNITY TO PROVIDE INPUT HERE. 
          AND SO I GUESS, YOU KNOW, SO AS I LOOK AT THIS, I SEE THE COMMUNITY ONCE AGAIN APPLYING INPUT HERE AND, AND NOT NECESSARILY IN FAVOR OF THIS. 
          AND SO FOR THE APPLICANT, YOU KNOW, FROM YOUR PERSPECTIVE, WHAT ARE THE CHALLENGES THAT YOU THINK, UH, THAT THEY WOULD BE HAVING FOR ALLOWING YOUR BUSINESS TO CONTINUE TO OPERATE IN THIS, UH, NON-CONFORMING POSITION? WHAT WOULD THE, THE, THE CHALLENGES FOR THE COMMUNITY BE? YES. 
          UM, I, YOU KNOW, I, I I WOULD, I WOULD POINT OUT FIRST THAT, THAT THERE'S, THERE'S NO SCHOOLS IN, IN THAT AREA. 
          THERE'S NO CHURCHES IN THAT, THAT AREA. 
          UM, THERE, THERE IS A, A, A, A GENTLEMAN'S CLUB UP THE STREET, UM, SUGARS. 
          UM, SO, UM, OBVIOUSLY THIS TYPE OF USE, UM, IT WOULD HAVE TO BE DONE PROPERLY AND LEGALLY. 
          AND, AND, AND MY CLIENT AS THE, AS THE OWNER OF THE PROPERTY IS, IS WELL AWARE OF THAT AND IS AWARE OF THE FACT THAT THE CITY WOULD EXPECT THAT AND WOULD EXPECT NO LESS. 
          OKAY. 
          THANK YOU. 
          UH, ANY OTHER COMMISSIONERS? MIN CHAKA COMMISSIONER MR. MENCHACA? I HAVE, UH, TWO QUESTIONS TO STAFF. 
          UH, ONE IS, IS THERE ANY NOTIFICATION OR GRACE PERIOD OR TIME LIMIT THAT, UH, AN APPLICANT SUCH AS THIS IS NOTIFIED THAT THIS IS GONNA HAPPEN, OR SOMETHING LIKE THAT? AND NUMBER TWO IS, DO WE NEED CLARIFICATION OF WHAT REALLY THE DEFINITION OF ABANDONMENT, ABANDONMENT IS WITH THE WORD INTENT? 'CAUSE INTENT IS, INTENT IS ALWAYS A FUZZY AREA, AND I WOULD LIKE MORE CLARIFICATION ON THAT. 
          WELL, I CAN ADDRESS THE, THE, THE SECOND QUESTION, UM, A A AS FAR AS WHAT, WHAT NOTICE MY CLIENT GOT, I'M, I'M NOT SURE ABOUT THAT. 
          AND I THINK THE CITY COULD ANSWER THAT BETTER THAN I COULD. 
          BUT WHAT I WOULD TELL YOU IN TERMS OF A, A ABANDONMENT LEGALLY, THAT TERM IS ALWAYS UNDERSTOOD TO, IN, TO INCLUDE AN IN INTENT TO ABANDON. 
          UM, AND, AND, AND THAT IS, THAT'S THE ESSENTIAL ELEMENT OF IT, OR AN ESSENTIAL ELEMENT OF IT. 
          UM, AND TEXAS, MR. MR. STRONG, I, I'M GONNA, I'M GONNA CUT YOU OFF HERE FOR A SECOND. 
          WE HEARD, WE HEARD, UH, WHAT YOU, WHAT, WHAT, WHAT YOUR, YOUR THOUGHTS WERE ON THAT, BUT, BUT WE NEED TO HEAR FROM THE CITY. 
          YES. 
          OKAY. 
          YEAH. 
          SO, SO STAFF, IF YOU COULD PLEASE ADDRESS MISS, UH, COMMISSIONER MIN CHA'S QUESTION. 
          THANK YOU, CHAIRMAN. 
          I'M CHAIR. 
          SURE. 
          RELATED TO THE FIRST ONE ABOUT NOTIFICATION. 
          SO, UM, A NON, THERE'S NO ANNUAL REQUIREMENTS TO REGISTER A NON-CONFORMING USE. 
          UM, A REGISTRATION OF A NON-CONFORMING USE IS APPLICANT DRIVEN, WHICH MEANS THAT THEY'RE COMING INTO THE CITY ASK REQUESTING SOMETHING, WHETHER IT'S A PERMIT, WHETHER IT'S A CERTIFICATE OF OCCUPANCY. 
          THOSE ARE THE THINGS THAT TRIGGER, UH, THE REVIEW TO DETERMINE, WELL, IS THE PERMIT THAT YOU'RE PULLING, THE CERTIFICATE OF OCCUPANCY THAT YOU'RE, THAT YOU'RE REQUESTING, IS THAT USE PERMITTED BY RIGHT IN THAT ZONING DISTRICT? IF IT IS NOT, BUT THE USE HAS BEEN THERE BEFORE, THEN THEY GO DOWN THE AVENUE OF REGISTERING THE NON-CONFORMING USE, AND THEY HAVE TO PROVE UP THAT, UM, THE USE, UH, WAS IN, UH, WAS NOT DISCONTINUED FOR MORE THAN 12 MONTHS, AND THEY ARE NOT, UM, EXPANDING IT. 
          AND SO THERE'S A LOT OF FACTORS THAT, THAT GO INTO THAT TO REGISTER THAT NONCONFORMING USE. 
          SO NO, NO, THERE IS NO PROACTIVE, UM, NOTIFICATION. 
          AGAIN, THESE THINGS ARE APPLICANT DRIVEN. 
          OKAY. 
          AS FOR THE SECOND ONE ABOUT INTENT, THAT HAS TO DO WITH CASE LAW. 
          OUR DEFINITION IS IN THE UNIFIED DEVELOPMENT CODE. 
          UM, INTENT IS, UH, IS, IS A DISCRETION, AND THAT'S THE DISCRETION THAT THE BOARD HAS IN 
          [00:30:01]
DETERMINING WHETHER OR NOT THAT THEY, UH, CAN APPROVE THE APPEAL, UH, UM, IN THEIR DELIBERATION. 
          OKAY. 
          UH, I'M, I'M GONNA ASK A FOLLOW UP QUESTION ON, ON ON IN THE SAME LINE. 
          SO FOR STAFF, HAVE YOU EVER HAD AN APPLICANT, HAS THIS HAPPENED BEFORE WHERE A DETERMINATION OF, OF INTENT AND TIMING, UH, HAS BEEN MADE BY THE CITY AS A PRECEDENT? OR IS THERE IN THE COURSE OF YOU REVIEWING AND, AND DENYING THIS, UH, REC RECOMMENDATION FOR DENIAL, HAS THERE BEEN ANY CASE LAW THAT YOU CAN THINK OF THAT WE SHOULD BE AWARE OF? NO, WE'RE, WE'RE NOT AWARE OF ANY OTHER CASE LAW, UH, RELATED TO ANY OF OUR, UH, DENIALS OR ITEMS THAT HAVE GONE TO BOARD OF ADJUSTMENTS OR OUR BOARD OF ADJUSTMENTS. 
          OKAY. 
          THANK YOU. 
          COMMISSIONER MIN CHAKA, DO YOU, UH, YOU HAVE THE FLOOR AGAIN? UH, I THANK YOU ON THAT. 
          UH, I CAN SEE WHERE I HAVE SOME FUZZINESS, BUT, UH, THE CLARIFICATION, UH, HELPED ME QUITE A BIT. 
          UH, THANK YOU FOR THAT. 
          THANK YOU. 
          UH, ANY OTHER COMMISSIONERS? UH, I'LL GO AHEAD AND ASK SOME QUESTIONS. 
          UM, SO WHAT I JUST WANT TO, I JUST WOULD LIKE, UH, THIS IS FOR STAFF. 
          UH, SO FROM WHAT I'M HEARING FROM THE APPLICANT'S PRESENTATION AND, AND QUESTIONING, UH, THAT STAFF HAS ANSWERED THIS, IS, THIS IS A, THIS IS A DETERMINATION THAT HASN'T BEEN FORMALLY, UH, UH, PROVEN TO, TO CASE LAW THAT, THAT YOU GUYS MAY KNOW OF OR PAST BO O A CASES. 
          SO THIS IS, THIS IS PRETTY NEW FOR US TO REVIEW. 
          UH, AND THE ISSUE AT BAY HERE IS THE 12 MONTH MARK AND STAFF IS USING, UH, THE, THE LACK OF UTILITY SERVICE, UH, FROM SLIGHTLY MORE THAN 12 MONTHS AS THE BASIS OF THAT. 
          IS THAT CORRECT? THAT IS ONE OF THE COMPONENTS, YES. 
          WITHOUT ELECTRICAL SERVICE, THEIR BUILDING CANNOT BE, UM, OCCUPIED. 
          SO THE USE WOULD NOT HAVE BEEN THERE FOR THE 12 CONTINUOUS MONTHS. 
          OKAY. 
          SO THEN A, A QUESTION I HAVE, IF THE, IF THE CITY ATTORNEY IS PRESENT, UM, WHEN, WHEN SOMEBODY, WHEN THERE'S A, WHEN THERE'S LAWSUITS GOING BACK AND FORTH, ESPECIALLY IF YOU HAVE, UH, INJUNCTIONS AND, AND DISPUTES, SO YOU KNOW, WHERE ONE, WHERE, WHERE THERE'S A DISPUTE BETWEEN THE OWNER AND THE TENANT, HOW DOES THAT PLAY OFF ON, ON TIMING WITH, WITH OTHER CITY ISSUES? WELL, THERE IS, UH, THE THEORY OF POLLING, WHICH WOULD, UM, BASICALLY PAUSE, UM, YOU KNOW, AN ACTION IN, IN, IN THIS SITUATION, THOUGH I DON'T KNOW THAT, THAT IT'S APPLICABLE. 
          I, I WOULDN'T KNOW OFFHAND, YOU KNOW, SPECIFICALLY TO, UM, YOU KNOW, THIS ABANDONMENT ISSUE. 
          UM, BUT YOU KNOW, WITHOUT, I'M KIND OF DIGGING INTO IT, I THINK IT'S POLLING IS, IS MORE OF IF THE CITY WAS TRYING TO DO SOMETHING, YOU KNOW, PROACTIVE, UH, BE KIND OF ENFORCEMENT, THAT IT MIGHT COME INTO PLAY IN THAT REGARD. 
          BUT WITH THIS, YOU KNOW, IT'S JUST THE, THE OWNER BASICALLY NOT USING THE PROPERTY. 
          UM, I, I DON'T KNOW THAT, THAT ANY POLLING, UH, YOU KNOW, ASPECTS WOULD COME INTO PLAY. 
          OKAY. 
          AND THIS QUESTION'S FOR THE APPLICANT, UH, YOU HAD MENTIONED, UH, THE VARIOUS, UH, BUSINESSES THAT HAD, UH, LIVE ENTERTAINMENT, UH, AND, UH, WITH WITHOUT COVER CHARGES. 
          UH, I REMEMBER WHEN THIS WAS A STAKE IN A, I'VE ACTUALLY ATE AT THAT STEAK AND A ALE A LONG TIME AGO, BUT SINCE THEN, THERE HAD BEEN, AND AND PLEASE, PLEASE CORRECT ME, THERE'S BEEN THREE DIFFERENT, UH, LOUNGE TYPE BUSINESSES THERE WHERE THEY'VE HAD LIVE MUSIC THREE OR MORE DAYS A WEEK. 
          IS THAT TRUE? I KNOW THAT THERE HAVE BEEN, UM, I DON'T KNOW ABOUT THE, THE, THE LIVE MUSIC PART OF THAT. 
          OKAY. 
          BUT I KNOW THERE HAVE BEEN A NUMBER OF BUSINESSES, THE COAST, SOME BEACH, THE RANCH, VANITY FACTORIES, VANITY FACTORY TROPHIES, AND, AND MONTE CARLO, UM OKAY. 
          HAVE ALL BEEN THERE BECAUSE I'VE DRIVEN BY THAT AREA NUMEROUS TIMES. 
          AND I, I REMEMBER SEEING A VARIETY OF DIFFERENT BUSINESSES. 
          I DIDN'T KNOW IF THEY WERE JUST BARS OR THEY WERE JUST, OR WHAT THEY WERE, UH, TO BE HONEST WITH YOU, IF THEY HAD LIVE MUSIC OR NOT. 
          THEY WERE, THEY WERE GENTLEMAN, GENTLEMEN CLUBS AT THAT LO AT THIS SPECIFIC LOCATION? YES, SIR. 
          OKAY. 
          OKAY. 
          BECAUSE, UM, I KNOW YOU HAD MENTIONED THERE WAS A GENTLEMAN'S CLUB UP THE STREET. 
          THAT'S, THAT'S, UH, A FEW THAT'S BETWEEN THERE AND VANCE JACKSON, I GUESS NOW IT HAD BEEN USED FOR THAT PURPOSE FOR THE, THE LAST 10 YEARS, THIS PARTICULAR SITE, 28 31, SIR. 
          OKAY. 
          SO YOU'RE, YOU, YOU WERE AT ONE POINT, IT WAS A GENTLEMAN'S CLUB AND YOU'RE IN, IS YOUR INTENT NOW FOR IT TO NOT BE A GENTLEMAN'S CLUB IF THIS GETS PASSED AND, AND TO BE JUST MORE OF A LOUNGE WITH OCCASIONAL LIVE MUSIC? 
          [00:35:01]
NO, THE, THE, THE INTENT IS THAT IT, THAT IT HAD THE SAME RIGHT. 
          THAT IT HAD PRIOR AND, AND THAT THAT WOULD INCLUDE, UM, YOU KNOW THAT. 
          RIGHT. 
          OKAY. 
          SO THEN STAFF, I MEAN, IF THIS WAS A GENTLEMAN'S CLUB, HOW COME I'M, I'M NOT SEEING ANY REFERENCE TO A SEXUALLY ORIENTED BUSINESS IN ANY OF THE PAPERWORK. 
          IS THIS ALL PREDATE THOSE RULES IN SAN ANTONIO OR WHAT? SO, UH, SEXUALLY ORIENTED BUSINESSES IS NOT A USE THAT YOU'LL FIND IN OUR PERMITTED USE TABLE. 
          IT IS A REGISTRATION PROCESS WITH THE SAN ANTONIO POLICE DEPARTMENT, DEPENDING UPON IF THEY MEET THE DEFINITION OF A SEXUALLY ORIENTED BUSINESS. 
          OKAY. 
          UM, SO UNDER, UNDER OUR PERMITTED USE TABLE, THOSE USES ARE, ARE CLASSIFIED AS LIVE ENTERTAINMENT TYPE USE. 
          OKAY. 
          SO WHETHER OR NOT THIS GETS APPROVED OR NOT AS A LOUNGE THAT SERVES ALCOHOL THAT MAY OR MAY NOT HAVE LIVE ENTERTAINMENT, THEY CAN STILL BE REGISTERED AS A GENTLEMAN'S CLUB. 
          AGAIN, THAT'S THROUGH SAP D AND THEY'D HAVE TO MEET WHAT THAT CRITERIA IS FOR A SEXUALLY ORIENTED BUSINESS BASED ON THE, ON THE CODE. 
          OKAY. 
          WELL, I'M, WELL, I'M JUST, I'M JUST CURIOUS TO KNOW IF, IF OUR DECISION TODAY IS SOMEHOW LINKED TO, UH, THAT REVIEW BY SS A P D, OR IS IT, OR ARE WE SOLELY DECIDING WHETHER OR NOT THEY'RE ALLOWED TO HAVE A COVER CHARGE THREE OR MORE DAYS A WEEK WITH LIVE ENTERTAINMENT? SO IF THEY ARE APPROVED FOR, UH, THE NON-CONFORMING USE, WHICH THEN, UH, HAS THE NEXT STEP OF A CERTIFICATE OF OCCUPANCY WITH THAT C OF O WILL BE, UH, A REVIEW BY SS A P D TO DETERMINE IF THEY MEET THE DEFINITION OF AN S O B. 
          OKAY. 
          AND IF THIS GETS DENIED TODAY, WHAT IS THE MOST INTRINSIC USE THAT'S ALLOWED AT A C THREE AT THIS TIME? JUST A BAR. 
          CAN YOU REPEAT THAT AGAIN, SIR? YEAH. 
          IF THIS GETS DENIED BY THE BO O A TODAY, UH, AS THE C THREE ZONING IS, IS THE MOST INTENSIVE USE, UH, THAT'S IN THE SAME WHEELHOUSE? IS IT JUST IT'S JUST, IT'S JUST A BAR. 
          BAR OR NIGHTCLUB BAR. 
          OR NIGHTCLUB, OKAY. 
          BUT NO LIVE ENTERTAINMENT. 
          REMEMBER, NIGHTCLUB CAN HAVE A LIVE ENTERTAINMENT AS AN ACCESSORY, SO THAT, THAT'S LESS THAN 20% OF THE SQUARE FOOTAGE. 
          IT'S NOT ABOUT A, UH, PERCENTAGE. 
          IT JUST HAS TO MEET THE DEFINITION OF A NIGHTCLUB, WHICH ALLOWS FOR IT, UH, WHEN IT'S CONDUCTED LESS THAN THREE DAYS PER WEEK. 
          OKAY. 
          ALL RIGHT. 
          THANK YOU. 
          UH, ARE THERE ANY OTHER COMMISSIONER QUESTIONS? OH, ZUNA. 
          COMMISSIONER ZUNA. 
          YEAH. 
          SO MY QUESTION IS IN REGARDS TO ANY, ANY CON POLICE REPORTS, IS THAT PART OF THE, UH, NON-PERFORMING, UM, APPLICATION THAT THE, THAT THE APPLICANT WOULD HAVE TO PRODUCE? OR DO WE LOOK AT PRIOR USES AND PRIOR POLICE REPORTS AS WE ARE TRYING TO DETERMINE THE CONTINUED USE AGREEMENT? SO WE DID IN THE REPORT, UM, ILLUSTRATE FOR YOU SOME HISTORY RELATED TO SS A P D THAT THERE WERE TWO, UH, REPORTS IN 2020 THAT WE HAD, UH, IN THAT REPORT. 
          ONE FOR AGGRAVATED ASSAULT AND ONE FOR PROSECUTION. 
          OKAY. 
          THANK YOU MANANA COMMISSIONER MANNA. 
          SO, SO, UM, SO SHOULD THIS BE DENIED AND IT GIVES MOVED BACK TO A CONFORMING, UH, THE APPLICANT DOES HAVE THE ABILITY TO REAPPLY FOR A NONCONFORMING, UM, PERSPECTIVE AND GO THROUGH THE PROCESS THAT WAS DONE PREVIOUSLY. 
          IS THAT CORRECT? THIS IS THE CITY, THIS IS THE APPLICATION FOR NONCONFORMING AND, UH, TO THE BOARD. 
          THIS IS THAT PROCESS. 
          ALRIGHT. 
          MAYBE ONE MORE QUESTION. 
          SO, SO THIS IS DENIED. 
          IS THERE A GRACE PERIOD OR A WAITING PERIOD WHERE THEY CAN COME BACK AND APPLY FOR IT ON A SUBSEQUENT, UM, PERIOD AFTER CERTAIN WE'LL SAY LASTED TIME? IF IT IS DENIED BY THE BOARD OF ADJUSTMENTS, THEY DO HAVE THE OPTION TO GO TO, UH, APPEAL TO DISTRICT COURT. 
          THE, THE DETERMINATION THAT IS MADE TODAY, BUT FROM A YEAR FROM NOW, COULD THEY ALSO REAPPLY THEN, OR, OR IS THIS THE ONE AND DONE? THEY CAN ALWAYS APPLY FOR A NON-CONFORMING USE. 
          UM, THERE'D HAVE TO BE, UH, NEW EVIDENCE PRESENTED FOR US TO REVIEW AN APPLICATION AND MAKE A DECISION. 
          OKAY. 
          UM, I HAVE ANOTHER QUESTION FOR STAFF. 
          UM, WHEN, WHEN AT WHAT POINT DID THE U D C CHANGE WHERE THIS BECAME NON-CONFORMING? I WAS LOOKING THROUGH SOME OF THE, THE CASE HISTORY, UH, AND, AND WHAT IT LOOKS LIKE IS THAT IT WAS, UH, PART OF THE, PART OF THE ZONING CONVERSION IN 2001 IS THAT, IS THAT WHEN IT BECAME NON-CONFORMING? UH, SO IT WAS IN 2009 WHEN THE U D C WAS AMENDED TO UPDATE THE TABLE TO ADD A LIVE ENTERTAINMENT USES 
          [00:40:01]
AND AMEND THE BAR NIGHTCLUB DEFINITIONS. 
          SO THAT'S WHAT TRIGGERED THE NON-CONFORMITY FOR THE, FOR THESE PARTICULAR USES AND FOR THIS PROPERTY. 
          SO THIS THING WAS A NIGHTCLUB AS FAR BACK AS 2000 A LOUNGE OF ALCOHOLIC BEVERAGES AS THE COACH FROM OH FOUR. 
          AND THEN SINCE OH NINE TO 2020 IT WAS, IT WAS TAKING ADVANTAGE OF THAT NON-CONFORMING USE? CORRECT. 
          AND THEY REGISTERED FOR THE NON-CONFORMING YOUTH. 
          OKAY. 
          OKAY. 
          UM, THANK YOU. 
          ANY OTHER COMMISSIONAL QUESTIONS? ALRIGHT, HEARING NONE, UM, FOR THE APPLICANT, YOU, YOU'VE JUST HEARD A, A MYRA OF DISCUSSION AND QUESTIONING, UH, YOU HAVE, UH, THREE MINUTES TO KIND OF, UH, PROVIDE A, A SUMMARY, UH, OR, OR ANY SORT OF, UM, UM, RESPONSE, UH, THAT, THAT YOU WOULD LIKE TO PROVIDE TO THE BOARD, UH, BEFORE WE, UH, PROPOSE PUBLIC HEARING AND DELIBERATE. 
          UM, FIRST I JUST WANT TO THANK THE BOARD, UH, FOR HEARING ME. 
          UH, BUT I WOULD SAY THAT THE, THE DISCONTINUANCE OF THE USE OF THIS PROPERTY DOESN'T FACTOR IN THAT MY CLIENT WAS LOOKING FOR A NEW TENANT WAS MAKING REPAIRS TO THE PROPERTY. 
          UM, AND IF YOU LOOK AT THE, THE FACT OF THE LITIGATION, UM, I, IF ABANDONMENT, ABANDONMENT MEANS AN INTENT TO ABANDON, WHICH I THINK ACROSS THE BOARD LEGALLY IT DOES, THAT'S WHAT IT MEANS. 
          UM, THEN THERE'S NO ABANDONMENT HERE AND THANKS AGAIN FOR HEARING ME. 
          ALRIGHT, THANK YOU. 
          UH, WITH THAT, UH, WOULD IT, IS THERE A COMMISSIONER? I WOULD LIKE TO MAKE A MOTION ON THIS CASE. 
          ANYONE? I, SO THE MOTION BASICALLY BE JUST READING THE TEMPLATE MOTION VARIANCE? YES. 
          OKAY. 
          REGARDING CASE NUMBER BO A 21 DASH 0 3 4 2, I MOVE WITH THE BOARD OF ADJUSTMENT GRANT AND APPEAL TO THE LAND DEVELOPMENT DECISION OF DENIAL FOR A NON-PERFORMING USE REGISTRATION FOR LIVE ENTERTAINMENT WITHOUT COVERAGE CHARGE THREE OR MORE DAYS PER WEEK SITUATED AT 28 31 NORTH WEST 3 4 10, APPLICANT BEING JOSE PAUL. 
          THERE A SECOND MANANA. 
          UH, WE HAVE A MOTION BY COMMISSIONER UNA, SECOND BY COMMISSIONER MANNA. 
          UH, COMMISSIONER UNA, WILL YOU PLEASE LEAVE IT BE THE DISCUSSION? WELL, I, SO JUST FOR CLARIFICATION, IF WE, UH, WE VOTE IN FAVOR OF, SO THE FAVOR OF IS, IS ACTUALLY, UH, A VOTE FOR THE APPLICANT? THAT'S CORRECT. 
          OKAY. 
          THIS, THIS IS A TOUGH CASE FOR ME AND I ACTUALLY AND GONNA VOTE, UH, IN DENIAL OF THE APPLICANT'S VARIANCE. 
          UM, I THINK YOU KNOW THAT THIS WOULD BE A GOOD TE TEST CASE AND TO DEFINE THE CITY'S ABILITY TO REALLY DEFINE WHAT ABANDONMENT IS OF THE PROPERTY. 
          I THINK TECHNICALLY IT DOES MEET THE TERMS FOR ABANDONMENT AND THINK THAT THIS, YOU KNOW, IF IT WAS TO BE APPEALED BY THE APPLICANT, IT'D BE A TOUGH CASE FOR THE CITY. 
          AND I'M, I'M GONNA BE BOTH, UM, IN DENIAL OF THE, OF THE VARIANCE REQUEST. 
          OKAY. 
          THANK YOU MR. MANUS. 
          UM, I, I CONCUR WITH MY COLLEAGUE, UH, WITH REGARDS TO, UM, I GUESS DEPOSITION. 
          UM, I ALSO AGREE THAT, YOU KNOW, THE, UM, WITH REGARDS TO ABANDONMENT, YOU KNOW, AS I LOOK UP OTHER TEXTS FOR WHAT ABANDONMENT MEANS, UM, YOU KNOW, TO ME THIS KIND OF QUALIFIES FOR SOME OF THAT. 
          WHILE IT WAS THAT, UH, THE POWER BEING A PRIMARY SOURCE OF IT. 
          AS I GO THROUGH 'EM AND TAKE A LOOK, I SEE UTILITIES AS BEING A MAIN, UH, DRIVER FOR, UH, THE DEFINITION OF ABANDONMENT IN VARIOUS CASES THAT I LOOKED AT ONLINE. 
          SO, UM, WITH THAT THEN I'LL BE USING THAT AS MY PRIMARY TO, I GUESS, DENY THIS APPEAL. 
          OKAY. 
          ARE THERE ANY OTHER COMMISSIONERS WHO'D LIKE TO, UH, ADD THIS TO THIS MICHEL THE COMMISSIONER, MENCHACA, UH, THIS IS RIGHT, UH, RIGHT ON THE LINE BECAUSE, UH, IT, IT APPEARS THAT THE, UH, APPLICANT HAS DONE, UH, AS MUCH AS THEY COULD WITH WHAT THEY KNEW AT THE TIME AND THE LITIGATION ISSUES THAT THEY WERE INVOLVED AT THE TIME, THAT JUST STRETCHED OUT THE TIMELINE FOR THEM TO, UH, COMPLY WITH THE, THE TERMS OF THE CITY. 
          SO I WILL BE SUPPORTING THE APPLICANT. 
          IS THERE ANYONE ELSE? BRAGMAN, COMMISSIONER BRAGMAN. 
          I'M GONNA, UM, AGREE WITH MY COLLEAGUE, COMMISSIONER MENCHACA. 
          UM, I, I JUST HAVE A HARD TIME, YOU KNOW, 
          [00:45:01]
WHEN YOU'RE GOING THROUGH LITIGATION AND I, I GO BACK TO, YOU KNOW, SELLING PROPERTIES THAT HAVE, UM, LITIGATION ATTACHED TO 'EM THAT BASICALLY TIES UP THE PROPERTY, UH, FOR ENDLESS AMOUNTS OF TIME. 
          UM, SO I DON'T REALLY THINK IT'S FAIR TO THE, THE APPLICANT TO PENALIZE THEM FOR BREACHES OF LEASE, UM, FROM ITS TENANT. 
          SO I'LL BE SUPPORTING THE MOTION AS WELL. 
          ALL RIGHT. 
          THANK YOU. 
          ANYONE ELSE? OKAY, I'M GONNA CHIME IN ON THIS. 
          UH, I'M GONNA BE SUPPORTING THIS CASE, UH, FOR THE SAME REASON COMMISSIONER BRAGMAN BROUGHT UP. 
          UH, I CAN'T USE LITIGATION, UH, TO, FOR, FOR THE TIME DELAY, ESPECIALLY WHEN WE'RE TALKING ABOUT, I THINK I HEARD 13 DAYS OVER 12 MONTHS. 
          IT JUST SEEMS, IT JUST DOESN'T SEEM RIGHT AND IT HAS BEEN MISUSE FOR, YOU KNOW, OVER 11 YEARS. 
          AND, YOU KNOW, I I I UNDERSTAND WHY, YOU KNOW, MAYBE A MEDICAL OFFICE MIGHT BE AGAINST IT, BUT IT, IT LOOKS LIKE THE, THE OTHER NO VOTE UP THE STREET WAS FROM THEIR COMPETITOR FROM THE OTHER, UH, GENTLEMAN'S CLUB. 
          SO I HAVE TO TAKE THAT WITH A GRAIN OF SALT. 
          BUT YOU KNOW, THIS SITE IS, IS OFF OF A MAIN HIGHWAY. 
          IT SEEMS SO SEPARATED FROM RESIDENTIAL, IT'S NOT NEAR SCHOOL OR ANYTHING. 
          AND, AND IT'S BEEN MISUSED FOR SO LONG. 
          I JUST, I CAN'T, I JUST CAN'T USE LITIGATION AS THE REASON, SO I'LL BE IN SUPPORT OF THIS. 
          SO WITH THAT STAFF, PLEASE TAKE THE VOTE. 
          MICHELLE. 
          I CONCUR. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          MR. MENCHACA, LET'S SUPPORT THE APPLICANT, MS. CRUZ. 
          CRUZ. 
          UM, I WILL CONCUR, MR. MANA. 
          I WILL DENY THE REQUEST. 
          MS. BRACKMAN, I CONCUR. 
          MR. DELMER, MS. FISHER, I'LL SUPPORT THE APPLICANT. 
          MR. THI I CONCUR. 
          MR. UNA, I DO NOT CONCUR. 
          ENSURE ORIAN? UH, I I VOTE YES. 
          UH, THE VOTE IS EIGHT TO TWO. 
          UH, MOTION IS SET ITEMS OR WE CAN'T RECYCLE THEM. 
          KEEP EVERYTHING LOOSE IN THE BLUE CART. 
          JOIN THE RECYCLE MOVEMENT AND REMEMBER THE CORE FOUR, I'M SORRY, I DIDN'T CATCH WHAT HAPPENED. 
          HOLD ON, SIR. 
          HOLD ON. 
          UH, YEAH, YOUR, YEAH, YOUR, YOUR MOTION WAS DENIED. 
          IT WAS AN EIGHT TO TWO VOTE. 
          YOU NEED NINE VOTES TO, UH, TO GET IT APPROVED. 
          OKAY? OKAY. 
          THERE WAS SOMETHING ELSE THAT, UH, RECORDING THAT CAME IN AND I COULDN'T, COULDN'T HEAR WHAT WAS GOING ON. 
          YEAH, IT WAS OKAY. 
          SO PLEASE GET WITH STAFF TO DISCUSS YOUR, WHAT YOUR OPTIONS ARE, OKAY? UH, NEXT. 
          THANK YOU. 
          [2. 21-4168 BOA-21-10300051]
ALL RIGHT, NEXT CASE. 
          D OA 21 1 0 3 0 0 0 5 1. 
          THE ADDRESS IS 2 44 HERMINE BOULEVARD ALPHA DISTRICT ONE. 
          APPLICANT IS J BRANDON TO REQUEST FOR AN APPEAL OF THE HISTORIC PRESERVATION OFFICE DECISION OF DENIAL ISSUE ISSUE, CERTIFICATE OF APPROPRIATENESS. 
          TARON IS R FOR HISTORIC, A H O D FIVE. 
          ALL RIGHT. 
          WE DO HAVE THE OFFICE OF HISTORIC PRESERVATION ON THE LINE. 
          EDWARD, I THINK IT'S USUALLY PRESENTING IT TO GO AHEAD. 
          UH, YES, THANK YOU. 
          UH, EDWARD HALL, UH, CITY OF SAN ANTONIO, OFFICE OF HISTORIC PRESERVATION 1901 SOUTH ALAMO. 
          I'M ALSO JOINED TODAY BY MY COLLEAGUE, WE FAM, WHO IS ALSO HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. 
          UH, NEXT SLIDE. 
          SLIDE PLEASE. 
          UH, SO THIS REQUEST, AS ZEKE MENTIONED, IS AN APPEAL OF TO HISTORIC PRESERVATION OFFICER'S, DENIAL OF THE REPLACEMENT OF 14 EXISTING HISTORIC WOOD WINDOWS WITH REPLACEMENT WINDOWS THAT DO NOT MEET THE HISTORIC DESIGN GUIDELINES, GUIDELINES FOR EXTERIOR MAINTENANCE AND ALTERATION REGARDING WINDOW MATERIAL. 
          UH, CASE HISTORY AT THE APRIL 21ST, 2021, HISTORIC DESIGN REVIEW COMMISSION HEARING THE APPLICANT'S REQUEST TO REPLACE 14 EXISTING HISTORIC WOOD WINDOWS WITH REPLACEMENT WINDOWS WAS DENIED ON THE BASIS THAT THE EXISTING WOOD WINDOWS WERE NOT BEYOND REPAIR AND THAT THE PROPOSED REPLACEMENT WINDOW, A COMPOSITE MATERIAL, WAS NOT CONSISTENT WITH THE HISTORIC DESIGN GUIDELINES, GUIDELINES FOR EXTERIOR MAINTENANCE AND ALTERATIONS. 
          NEXT SLIDE, PLEASE. 
          THE APPLICABLE CITATIONS ARE THE HISTORIC DESIGN GUIDELINES, CHAPTER TWO, GUIDELINES FOR EXTERIOR MAINTENANCE AND ALTERATIONS. 
          UH, SECTION SIX IN REGARDS TO ARCHITECTURAL FEATURES, DOORS, WINDOWS, AND SCREENS. 
          AND THEN YOU CAN SEE THE SUBSECTIONS A AND B BELOW. 
          NEXT SLIDE PLEASE. 
          [00:50:01]
SO THE FINDINGS, UH, I WILL READ THESE, UH, THEY ARE IMPORTANT TO THE CASE. 
          UH, SO FINDING A AT THE APRIL 21ST, 2021, HISTORIC AND DESIGN REVIEW COMMISSION HEARING THE APPLICANT'S REQUEST TO REPLACE 14 EXISTING HISTORIC WOOD WINDOWS WITH REPLACEMENT WINDOWS WAS DENIED ON THE BASIS THAT THE EXISTING WOOD WINDOWS WERE NOT BEYOND REPAIR AND THAT THE PROPOSED REPLACEMENT WINDOW, A COMPOSITE MATERIAL, WAS NOT CONSISTENT WITH THE HISTORIC DESIGN GUIDELINES, GUIDELINES FOR EXTERIOR MAINTENANCE AND ALTERATIONS BIND. 
          B O H P STAFF CONSISTENTLY RECOMMENDS REPAIR OF EXISTING HISTORIC WOOD WINDOWS, AS IS RECOMMENDED BY THE HISTORIC DESIGN GUIDELINES, GUIDELINES FOR EXTERIOR MAINTENANCE AND ALTERATIONS. 
          HISTORIC WINDOWS WERE CONSTRUCTED TO LAST 100 PLUS YEARS WITH OLD GROWTH WOOD, WHICH IS SUBSTANTIALLY MORE DURABLE THAN MODERN WOOD AND CLAD PRODUCTS. 
          AND ORIGINAL WINDOWS ARE RESTORED AND MAINTAINED OVER TIME. 
          CAN LAST DECADES REPLACEMENT WINDOW PRODUCTS HAVE A MUCH SHORTER LIFESPAN AROUND 10 TO 20 YEARS AND CANNOT BE REPAIRED ONCE THEY FAIL. 
          OVER 112 MILLION WINDOWS END UP IN LANDFILL LANDFILLS EACH YEAR, AND ABOUT HALF OR UNDER 20 YEARS OLD. 
          FINDING C THE GUIDELINES FOR X EXTERIOR MAINTENANCE AND ALTERATIONS RECOMMENDS THAT IF ORIGINAL WINDOWS ARE BEYOND REPAIR, THEY ARE TO BE REPLACED WITH NEW WINDOWS TO MATCH THE HISTORIC OR EXISTING WINDOWS IN TERMS OF THEIR SIZE TYPE CONFIGURATION, MATERIAL FORM, APPEARANCE IN DETAIL, THE PREVIOUSLY PROPOSED REPLACEMENT WINDOWS ARE NOT CONSISTENT WITH THE GUIDELINES FOR EXTERIOR MAINTENANCE AND OPERATIONS. 
          AND THEN O H P STAFF'S RECOMMENDATION TO THE BOARD OF ADJUSTMENT OFFICE OF HISTORIC PRESERVATION STAFF DOES NOT RECOMMEND APPROVAL OF THE APPEAL. 
          STAFF RECOMMENDS THAT THE BOARD OF ADJUSTMENT UPHOLD THE HISTORIC PRESERVATION OFFICER'S DENIAL OF A CERTIFICATE OF APPROPRIATENESS FOR REPLACEMENT OF EXISTING HISTORIC WOOD WINDOWS, WITH WINDOWS THAT ARE NOT CONSISTENT WITH THE HISTORIC DESIGN GUIDELINES, GUIDELINES FOR EXTERIOR MAINTENANCE AND ALTERATIONS. 
          UH, THAT GENERALLY CONCLUDES O P'S PRESENTATION. 
          BUT I WOULD ALSO LIKE TO NOTE THAT O H P STAFF OFFERS A NUMBER OF RESOURCES, UH, TO HOMEOWNERS AND BUSINESS OWNERS ALIKE IN REGARDS TO THE PRESERVATION AND RESTORATION OF HISTORIC WOOD WINDOWS. 
          UH, THIS INCLUDES LITERATURE THAT THAT CAN BE FOUND ON OUR WEBSITES. 
          UH, THIS ALSO INCLUDES, UH, D I Y WORKSHOPS WHERE, UH, WOOD WINDOW SPECIALISTS WILL LEAD CLASS PARTICIPANTS ON THE RESTORATION OF WOOD WINDOWS. 
          AND THEN, AS SOME OF YOU MAY BE FAMILIAR WITH ALSO OUR, UH, HISTORIC HOMEOWNER FAIR, WHERE THERE'S OFTEN DEMONSTRATIONS AND MATERIAL FOR WINDOW REPAIR. 
          UM, I'M ABLE TO TAKE ANY QUESTIONS THAT YOU HAVE NOW. 
          OKAY. 
          THANK YOU. 
          AND NOW WE HEAR FROM THE APPLICANT. 
          MR. BRENDAN, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION. 
          MR. BRANDON, ARE YOU HERE? HIT STAR SIX TO UNMUTE YOURSELF. 
          SIR. 
          SIR. 
          STANDBY. 
          MR. BRANDON, IF YOU'RE, IF YOU'RE ON, CAN YOU HIT STAR SIX? THAT'LL UNMUTE YOU, SIR. 
          HELLO? CAN YOU HEAR ME NOW? YES, SIR. 
          WE GOT YOU. 
          SO, STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION. 
          SIR. 
          MY NAME IS JAY BRANDON. 
          MY ADDRESS IS, UH, 2 4 4 HERMAN. 
          UM, IT BECAME PERFECTLY CLEAR IN FEBRUARY THAT THE WINDOWS IN MY HOUSE ARE INADEQUATE TO KEEP THE COLD OUT. 
          THERE'S TWO THINGS WRONG. 
          THIS HOUSE WAS BUILT IN 1943, AND THERE ARE TWO THINGS WRONG WITH THE WINDOWS. 
          THE GLASS IS VERY THIN. 
          IT'S THE ORIGINAL GLASS. 
          IT'S VERY THIN, IT PROVIDES ALMOST NO INSULATION, AND THE WINDOWS ARE LOOSE AND RATTLE IN THEIR FRAMES SO THAT WHEN IT'S COLD, I CAN FEEL THE COLD GUSHING IN THROUGH THE WINDOWS. 
          AND WHEN IT'S HOT, MY AIR CONDITIONER IS RUNNING ALL THE TIME. 
          SO WHAT THAT MEANS IS THAT I'M COLD IN THE WINTER AND WASTING ELECTRICITY ALL THE TIME, WHICH, YOU KNOW, NONE OF US CAN AFFORD. 
          UH, THE STAFF RECOMMENDATION FROM THE HISTORICAL COMMISSION WAS THAT I REPAIR THE WINDOWS IN PLACE, AND I DON'T KNOW WHAT THAT MEANS. 
          I TOLD YOU THE TWO THINGS THAT ARE WRONG WITH MY WINDOWS, WHICH MEANS TO REPAIR THEM IN PLACE, I WOULD HAVE TO REPLACE 
          [00:55:01]
THE GLASS WITH DOUBLE PANNED GLASS. 
          UH, RIGHT THERE, THERE'S A PICTURE SHOWING OF OTHER HOUSES NEAR ME THAT HAVE BEEN COMPLETELY CHANGED. 
          SO THE HISTORIC INTEGRITY OF THIS NEIGHBORHOOD IS AL ALREADY IN QUESTION. 
          THERE'S A HOUSE TWO BLOCKS FROM ME ALSO IN THE HISTORICAL DISTRICT THAT HAS OBVIOUSLY JUST REPLACED ITS WINDOWS, BUT, BUT TO REPAIR AND PLACE, I WOULD HAVE TO REPLACE THE GLASS WITH DOUBLE PANE GLASS. 
          AND, UM, I WOULD HAVE TO REPLACE THE FRAMES WITH FRAMES THAT FIT. 
          IN OTHER WORDS, I'D HAVE TO REPLACE THE ENTIRE WINDOWS, WHICH IS WHAT I PROPOSED TO DO. 
          UM, THE REPLACEMENT WINDOWS WILL LOOK JUST LIKE THE ORIGINAL WINDOWS. 
          THE MOST NOTICEABLE WINDOW ON THE FRONT OF MY HOUSE IS THE BIG PICTURE WINDOW, WHICH I'M NOT GOING TO REPLACE. 
          UH, SOMEBODY BEFORE ME ALREADY REPLACED THAT WINDOW, AND IT'S A GOOD WINDOW. 
          IT'S THICK GLASS, AND IT'S TIGHT ME IN PLACE, AND I'M GOING TO REMODEL. 
          I'M MODEL ALL THE REPLACEMENT WINDOWS ON THAT ONE, SO THEY'LL ALL MATCH. 
          THEY WILL ALL LOOK LIKE THE ORIGINAL. 
          I OBTAINED LETTERS FROM ALMOST ALL MY NEIGHBORS SAYING, THEY'RE FINE WITH MY MAKING THIS CHANGE. 
          IT MAKES SENSE TO ALL OF THEM, AND IT WILL IMPROVE THE QUALITY OF THE WHOLE NEIGHBORHOOD. 
          UM, A COUPLE SAID THEY'D GIMME LETTERS BUT DIDN'T GET AROUND TO IT, BUT THEY TOLD ME IN PERSON THAT THEY APPROVED OF WHAT I I WAS GOING TO DO AS WELL. 
          IF YOU, UM, AFFIRM THE COMMISSION'S, THE COMMISSION'S DECISION, THAT MEANS I HAVE TO SPEND EVERY WINTER FOR THE REST OF MY LIFE SHIVERING AND MISERABLE, AND I HAVE TO SPEND THOUSANDS AND THOUSANDS MORE UNNECESSARY DOLLARS ON ENERGY COSTS AND WASTE A LOT OF ENERGY, WHICH ALL OF US CAN ILL AFFORD. 
          CONSIDERING HOW BADLY OUR STATE POWER GRID IS MANAGED. 
          I'M PLANNING TO RETIRE EARLY NEXT YEAR, SO I'LL BE ON A FIXED INCOME, WHICH MEANS THE EXTRA ENERGY WILL BE A SIGNIFICANT BURDEN ON MY BUDGET, AND I'LL BE IN THE HOUSE MORE AND UNCOMFORTABLE MORE OF THE TIME. 
          UM, I, AS I SAID, I SENT STAFF PHOTOS OF OTHER HOUSES VERY CLOSE TO ME THAT HAVE BEEN SIGNIFICANTLY REMODELED SO THAT THEY HAVE NO HISTORICAL INTEGRITY AT ALL, AND I DON'T SEE HOW THE COMMISSION CAN ALLOW THOSE CHANGES, BUT NOT THIS PERFECTLY REASONABLE ONE. 
          I WANT TO MAKE THE DAY OF MY HEARING. 
          THE COMMISSION HEARD FROM FOUR PEOPLE WHO WANTED TO REPLACE THEIR WINDOWS, AND THEY DENIED EVERY REQUEST. 
          THEY DIDN'T CONSIDER ANY DISTINCTIONS, ANY DIFFERENCES. 
          THEY SEEM TO BELIEVE THAT THEY NEED TO KEEP EVERYTHING THE SAME AT THE EXPENSE OF THE PEOPLE WHO LIVE IN THESE HOUSES. 
          ONE MEMBER TOLD ME OUR MANDATE FROM THE CITY COUNCIL IS TO PRESERVE ORIGINAL BUILDING MATERIALS WHENEVER POSSIBLE, WHICH IS RIDICULOUS. 
          THAT MEANS THAT THEY VALUE OLD WOOD AND THIN GLASS OVER THE COMFORT OF THE HOMEOWNERS AND SAVING ELECTRICITY FOR EVERYONE. 
          IT WAS MADE QUITE CLEAR TO US IN FEBRUARY. 
          WE NEED TO CONSERVE ENERGY AS MUCH AS POSSIBLE, AND THAT'S WHAT I'M TRYING TO DO. 
          I DIDN'T SIGN UP TO BE A 1943 REENACTOR. 
          I SHOULD BE ABLE TO LIVE BETTER, MORE COMFORTABLY AND ENERGY EFFICIENTLY THAN PEOPLE FROM THAT TIME CONVERTED. 
          WHEN BETTER MATERIALS BECOME AVAILABLE. 
          UM, IF ONE OF MY WINDOWS GOT BROKEN, I COULDN'T REPLACE IT WITH A SIMILAR ONE BECAUSE THE SINGLE PANED GLASS WINDOWS DON'T EVEN COME UP TO CODE. 
          FINALLY, I JUST WANNA SAY, I LOVE THIS HOUSE. 
          I BOUGHT THIS HOUSE SIX YEARS AGO BECAUSE OF THE WAY IT LOOKS. 
          I LOVE THE APPEARANCE. 
          I'M NOT GONNA CHANGE THE FUNDAMENTAL APPEARANCE AND CHARACTER OF THIS HOUSE. 
          I JUST WANNA BE COMFORTABLE AND ENERGY EFFICIENT IN IT. 
          THANK YOU FOR HEARING ME. 
          THANK YOU. 
          UH, STAFF, PLEASE PLAY ANY COMMENTARY THAT MAY HAVE BEEN SUBMITTED. 
          WELL, YES SIR. 
          WE'LL PLAY THE VOICEMAIL AND WE, I BELIEVE WE HAVE SOME, UH, COMMENTARY TO READ INTO THE RECORD. 
          OKAY, THANK YOU. 
          YES. 
          MY NAME IS DIANE SMITH, MY EX, AND BY HAVING ISSUES WITH THE, THE VOICEMAIL. 
          OKAY. 
          YES, MY NAME IS, YES. 
          MY NAME IS DIANE SMITH. 
          MY ADDRESS IS TWO FIVE SEVEN HERMINE BOULEVARD. 
          MY PHONE NUMBER IS (210) 264-8771. 
          I'M CALLING REGARDING THE CASE NUMBER, UH, WITH THE LAST THREE DIGITS OF 0 5 1 TO BE HEARD AT 1:00 PM UM, ON JUNE 7TH. 
          UM, I AM FULLY IN FAVOR OF, UH, MY NEIGHBOR, UH, INSTALLING NEW WINDOWS. 
          THE ORIGINAL WINDOWS ARE FROM 1940. 
          THEY'RE NOT DOUBLE PANED TEMPERED OR ENERGY EFFICIENT WHATSOEVER. 
          AND TO NOT ALLOW THIS PERSON TO REPLACE THEIR WINDOWS SEEMS FLY IN THE FACE OF MAYOR BERG'S CLIMATE ACTION AND ADAPTATION PLAN THAT, UM, ENCOURAGES ENERGY SAVING HOMES AND OTHER, UM, PLANS TO 
          [01:00:01]
HELP COMBAT CLIMATE CHANGE. 
          UM, YEAH, SO I SUPPORT HIS APPEAL AND THAT HE BE ALLOWED TO HAVE THESE WINDOWS INSTALLED. 
          THANK YOU. 
          AND WE DO HAVE EIGHT AND NINE, UH, COMMENTARY. 
          ALL IN FAVOR. 
          THANKS. 
          OKAY. 
          FORGIVE ME, I'M BLIND HERE, SO I'M TRYING TO READ IT FROM MY SYSTEM AS, UM, HIM A CONCERN AS NEIGHBORS OF MR. BRANDON. 
          WE SUPPORT THE CHOICE TO REPLACE THE WINDOWS ON HIS HOME. 
          WE CAN ONLY SEE HOW IT WOULD ENHANCE THE VALUE OF HIS HOME AND THE NEIGHBORHOOD. 
          PLEASE FREE TO REACH OUT AND WOULD LIKE TO SPEAK WITH US, UH, OR HAVE ANY QUESTIONS. 
          LORNA KINKA AND ANGELA ANDRA AT TWO 60 HERMINE. 
          NEXT ONE IS, I OWN A HOME ACROSS THE STREET, UH, FROM JAY BRANDON. 
          MY ADDRESS IS 2 57 HERMINE. 
          JAY RECENTLY SHARED WITH ME, UM, THAT HIS PROPOSAL TO INSTALL NEW ENERGY EFFICIENT WINDOWS WAS DECLINED BY THE ALMOS PARK TERRA HISTORIC DISTRICT. 
          I VERY MUCH TOWARD HIS, HIS PROPOSAL AS THE NEW WINDOWS WILL, WILL NOT BE CHANGED, UH, WILL NOT CHANGE THE APPEARANCE OF HIS HOUSE, AND IT'LL BE PRETTY, UH, INDISTINGUISHABLE FROM THE OLD ONES. 
          I ENCOURAGE THE OFFICE OF HISTORIC PRESERVATION TO REVERSE THEIR INITIAL DECISION. 
          I ALSO HAVE WINDOWS, UH, THAT WERE INSTALLED IN THE EARLY 1940S. 
          UH, THEY'RE ENERGY EFFICIENT. 
          I'M NOT SURE, UH, THEY WOULD MEET TODAY'S BUILDING CODES. 
          I APPRECIATE THE DESIRE TO, UH, TO PRESERVE HISTORIC MATERIALS, BUT NOT WHEN SUCH WINDOWS, UH, WASTE ENERGY AND MAKE THE INHABITS, UH, UNCOMFORTABLE DURING EXTREME COLD OR HOT OR COLD WEATHER. 
          THE INITIAL DECISION SEEMS CONTRARY TO MAYOR BERG'S STATEMENTS IN SUPPORT OF THE CITY'S CLIMATE ACTION AND ADAPTATION PLAN. 
          UH, THIS, UH, I APOLOGIZE TO DIANE SMITH AS WELL. 
          SAME, UH, SPEAKER. 
          NEXT ONE, NOT WITHIN TOTER FEET. 
          THIS IS MY NAME IS, UH, BETH WATKINS. 
          I AM A LONGTIME RESIDENT OF AL ALMOST PARK TERRACE, AND I SERVED AS PRESIDENT OF THE ALMOS PARK TERRACE NEIGHBORHOOD ASSOCIATION FOR 2016 2 0 7. 
          REGARDING THE WINDOW REPLACEMENT APPLICATION, JAY BRENNAN HAS FILED OUR RIGHT TO SHARE MY PERSONAL BELIEF THAT REPLACING THESE WINDOWS WILL NOT AFFECT THE HISTORIC NATURE OF OUR NEIGHBORHOOD. 
          I WATCHED THE HEARING WHERE THE HISTORIC AND DESIGN REVIEW COMMISSION REVIEWED MR. BRANDON'S REQUEST TO REPLACE SOME EXISTING WINDOWS OR WOOD WINDOWS ON HIS HOME WITH MATCHING ENERGY EFFICIENT WINDOWS. 
          IN A WRITTEN REPORT, STAFF NOTED THAT THE WINDOWS, UH, MR. BRANDON HAD PROPOSED USING GENERAL, UH, GENERALLY ADHERED TO THE STANDARD, UH, SPECIFICATIONS FOR ORIGINAL WOOD WINDOW REPLACEMENT, WITH THE EXCEPTION THAT THE ORIGINAL WOOD WINDOW, UH, SHOULD BE REPLACED WITH MATCHING WOOD WINDOWS. 
          INSTEAD OF PROPOSED, UH, COMPOSITE MATERIAL FI, UH, FIBER AND THE EVENT OF THE H R C APPROVED THE REQUEST STAFF VERBALLY REPORTED THAT THE ORIGINAL WOOD WINDOW SHOULD BE REPLACED WITH MATCHING WOOD WINDOW OR WOOD, RATHER THAN PROPOSED WOOD-LIKE COMPOSITE MATERIAL. 
          ALTHOUGH THE COMMISSION SEEMED TO AGREE THAT IT WOULD BE MORE ENERGY EFFICIENT TO REPLACE THE WINDOWS, THE H R C ULTIMATELY DENIED MR. BRANDON'S REQUEST TO DO SO AS H R C UH, STAFFORD REPORTED, AND AS COMMISSIONER GABRIEL RO VELASQUEZ NOTED AT THE HEARING, THE WINDOW MR. BRANDON REQUESTED PERMISSION TO USE WOULD NOT ALTER THE APPEARANCE OF THE HOUSE FROM THE MATERIALS PROVIDED. 
          IT IS APPARENT THAT THE WINDOWS, MR. BRANDON SEEKS TO USE WHAT IT APPEAR EXACTLY LIKE THE EXACT, UH, EXISTING WINDOWS FOR THE ONLY DIFFERENCE BEING THAT THE REPLACEMENT WINDOWS WILL BE DOUBLE PIN, UH, PANED AND MADE FROM A WOOD-LIKE COMPOSITE MATERIAL. 
          AS A NEIGHBORHOOD WHO REGULARLY WALKS IN OUR NEIGHBORHOOD, NEITHER OF THOSE CHANGES WOULD BE APPARENT TO ME AS A LONGTIME RESIDENT ALMOST PARK TERRACE. 
          I THINK IT IS IMPORTANT TO PRESERVE THE CURB APPEAL AND HISTORIC NATURE OF OUR NEIGHBORHOOD APPEARS SPREAD IS CONSISTENT WITH THAT MANDATE BECAUSE THAT REQUEST, UH, TO REPLACE THE WINDOWS WOULD NOT ALTER THE APPEARANCE OF THE HOUSE, IS MY PERSONAL BELIEF THAT THE CHANGE WOULD NOT AFFECT THE HISTORIC NATURE OF THE NEIGHBORHOOD. 
          THIS IS FROM BETH WATKINS, NO ADDRESS. 
          NEXT ONE. 
          WE LIVE AT 1 31, UH, LATA, ONE BLOCK FROM MR. UH BRANDON. 
          WE WRITE TODAY FORWARD MR. BRANDON'S REQUEST TO REPLACE AND IMPROVE THEIR WINDOWS AND . 
          AND INDEED, THIS PROJECT IS EXACTLY THE KIND OF WORK ALL OUR NEIGHBORS SHOULD BE DOING IT TO CONTINUE TO PREDICT AND IMPROVE, UH, THIS LOVELY HISTORIC COMMUNITY. 
          THIS PROJECT WILL, WILL HAVE NO NEGATIVE IMPACT ON THE HISTORIC NATURE OF THIS HOME. 
          NO ONE VALUES A UNIQUE APPEAL OF THE HISTORIC HOMES PALM PARK TERRACE MORE THAN WE DO. 
          WE DIRECTLY WALK AND DRIVE IN OUR NEIGHBORHOOD AND TO ADMIRE THE HOMES HERE. 
          THESE HOMES, UH, SHOULD BE PRESERVED, BUT THERE IS NOTHING ABOUT THE PROPOSED WINDOW REPLACEMENT, WHICH WILL TAKE AWAY FROM THE CURB APPEAL AT THE HOME AT 2 44 HERMINE. 
          ONLY BY MAINTAINING 
          [01:05:01]
AND AS, UH, HERE IMPROVING ARE HOMES. 
          WHERE POSSIBLE CAN WE CONTINUE TO HAVE A VIBRANT AND GROWING COMMUNITY? THIS REQUEST IS NO WAY WILL UNDERMINE THE HISTORIC NATURE OF THE, OF THE HOU HOME ON HER MIND. 
          AND INDEED, BY ENHANCING COMFORT AND SAVING ENERGY, THE BEST OF THE OLD AND NEW CAN BE OBTAINED. 
          THIS IS FROM ROBERT AND JANE MORROW. 
          I'M ONE OF BRANDON'S, I'M ONE OF, UM, MR. BRANDON'S ACROSS THE STREET, NEIGHBORS ON HER MIND BOULEVARD. 
          MY ADDRESS IS LIKE 2 30, 23 38 I BELIEVE, OR 2 33. 
          UM, JAY TOLD ME ABOUT HIS PLANS TO GET MORE, UH, ENERGY EFFECTIVE WINDOWS IN THE HOUSE, WHICH SOUNDS LIKE A GOOD IDEA TO ME. 
          THE NEW WINDOWS APPEAR IDENTICAL TO THE ONES AND WON'T CHANGE THE APPEARANCE OF THE HOUSE IN ANY WAY. 
          I HAVE NO OBJECTION TO LETTING JAY REPLACE THE WINDOW. 
          IN FACT, I RECOMMEND LETTING HIM, UH, MAKE THE REPLACEMENTS FROM ANGEL RODRIGUEZ. 
          NEXT ONE. 
          I LIVE A COUPLE HOUSES DOWN FROM MR. BRENNAN ON HIS, UH, HERMINE BOULEVARD. 
          MINE ADDRESS IS 2 62 62. 
          JAY TOLD ME ABOUT HIS WANTS TO GET MORE ENERGY EFFECTIVE WINDOWS IN HIS HOUSE, WHICH SOUNDS LIKE A GOOD IDEA TO ME. 
          THE NEW WINDOWS LOOK VERY SIMILAR TO THE ONES AND WON'T CHANGE THE APPEARANCE OF HIS HOUSE AT ALL. 
          I HAVE NO OBJECTION TO LETTING JAY REPLACE HIS WINDOWS. 
          UH, DAVID MOORE, UH, I UNDERSTAND THAT JAY BRENNAN, WHO LIVES ACROSS THE STREET FROM ME, WOULD LIKE TO REPLACE, UH, HIS AGING WINDOWS WITH ENERGY EFFECTIVE ONES. 
          I HAVE NO OBJECTION, UH, WHATEVER TO THIS CHANGE. 
          AS LONG AS THE NEW WINDOWS LOOK REASONABLY SIMILAR TO THE ONES, UH, AND HOPE HE WILL PERMIT HIM TO COMPLETE THE PROJECT, ESPECIALLY IN VIEW OF THE ARCTIC STORM THAT TEXAS SUFFERED LAST, UH, FEBRUARY. 
          I FEEL THAT WE ALL SHOULD STRIVE TO CONSERVE ENERGY NO MATTER WHAT WE LIVE OR WHERE WE LIVE. 
          THANK YOU FOR YOUR CONSIDERATION, UH, OF THIS LETTER FROM CAROL OSA. 
          UH, WHAT WAS THE ADDRESS ON THE FIRST ONE? SCROLL BACK UP AT 2 63 HERMINE BOULEVARD. 
          ALRIGHT, NEXT ONE. 
          ALL RIGHT, UPON REVIEW OF THE H R C CASE, I WOULD LIKE TO STATE, I'M IN FAVOR OF MR. BENNETT'S REQUEST FOR AN APPEAL OF PRESERVATION DECISION OF DENIAL CERTIFICATE, UH, OF APPROPRIATENESS. 
          HAVING LIVED IN ALMOST PARK TERRACE AS AN ADOLESCENT IN A HOME IS STILL OCCUPIED BY MO BY MOTHER. 
          AND NOW OWNING MY OWN HOME IN THE NEIGHBORHOOD, I FIND IT, UM, UH, OF THE MOST IMPORTANT TO ENSURE TO, UH, THE HOMES AND NEIGHBORHOOD MAINTAIN THEIR QUALITY. 
          UH, WITH THAT BEING SAID, I DON'T FEEL THAT MR. BRANDON IS REQUESTING, UH, COMPROMISES TO THE REQUESTING COMPROMISE OF THE INTEGRITY OF THE HOME OR THE NEIGHBORHOOD. 
          AND IF ANYTHING, IT ONLY MAKES THEM BETTER BY DOING SOME RESEARCH. 
          AND, UH, PROPOSED FIVE, FIVE X, UM, THE WINDOWS BY RENEWAL, BY, BY ANDERSON IS PURE. 
          THE ORIGINALLY INSTALLED WINDOWS ARE CREATING A MORE EFFICIENT HOME AND EXTENDING THE LIFE OF THE STRUCTURE WHILE STILL KEEPING THE SAME ARCHITECTURAL LOOK AND DESIGN WITH THE, WITH THE COMPOSITE WOOD MATERIAL. 
          REPLACING PIECES OF THE TIER DETERIORATING WINDOWS ONE BY ONE OR TAKING ON A FULL HOME WINDOW RESTORATION IS COSTLY AND DOES NOT GUARANTEE A BETTER PRODUCT. 
          IF WE HAD, IF WE AS HOMEOWNERS, UM, IN THE NEIGHBORHOOD CONTINUE TO BE DENIED REQUESTS OF THIS, OF THIS MATTER, THE HOMES WILL NEVER BE MAINTAINED DUE TO THE FINANCIAL BURDEN AND ONLY CONTINUE TO DETERIORATE. 
          MR. BRANDON WAS, UH, PROPOSING HE NEED TO REPLACE HIS WINDOWS WITH AN ALUMINUM OR VINYL PRODUCT. 
          I WOULD NOT BE WRITING THIS, HOWEVER, I DO, I DO THINK THE PROPOSED WINDOW SYSTEM IS SUPERIOR. 
          IT WILL NOT DETRACT FROM THE HISTORIC VALUE OF THE HOME OR THE NEIGHBORHOOD. 
          PLEASE NOTE THAT THE H R C CASE, UM, UNDER FINDING SECTION IS IF THE COMMISSION APPROVES OF WINDOW REPLACEMENT, STAFF FINDS THAT THE PROPOSED WINDOW PRODUCT RENEWAL BY ANDERSON GENERALLY ADHERED TO THE STANDARD SPECIFICATIONS FOR ORIGINAL WOOD WINDOW REPLACEMENT. 
          THAT'S ROBERT MILLER AT 2 32 HERMINE BY 2 32. 
          GOOD AFTERNOON. 
          OKAY, HERE IT IS. 
          UH, TO HIM, MAY CONCERN, I WOULD, UH, DEFINITELY LIKE, UH, FOR JAY TO REPLACE HIS WINDOWS. 
          IT WILL IMPROVE THE PROPERTY VALUE, WHICH WILL IMPROVE THE PROPERTY VALUE OF ALL OUR PROPERTIES IN NEIGHBORHOOD, AND IT WILL LOOK GREAT, UH, FROM HOLLY AT 2 47 HERMINE BOULEVARD, HOLLY CHAP, OR CHENE. 
          AND THAT CONCLUDES ALL THE COMMENTARY. 
          OKAY. 
          THANK YOU VERY MUCH. 
          UH, WE'RE GONNA OPEN THIS UP FOR COMMISSIONER 
          [01:10:01]
QUESTIONS. 
          WHO WOULD LIKE TO START? MANANA? COMMISSIONER MANNA, THIS QUESTION GOES TO THE CITY. 
          I I ACTUALLY HAVE A COUPLE QUESTIONS, SO I APOLOGIZE HERE. 
          UM, SO THE FIRST ONE JUST IN GENERAL IS, UH, CAN A HISTORIC WINDOW BE PROPERLY CONVERTED TO A DOUBLE PANE, BECOME ENERGY EFFICIENT AND STILL REMAIN COMPLIANT? WITH REGARDS TO THE, UM, UM, THE HISTORIC DISTRICT, UH, SPECIFICATIONS OR QUALIFICATIONS, MANY OF THAT ACTUALLY DEPENDS ON THE WINDOW, UH, THE ORIGINAL PROFILE OF THE WINDOW, HOW IT WAS CONSTRUCTED. 
          UH, HOWEVER, UH, WOOD WINDOWS CAN BE RETROFITTED. 
          UH, THE ORIGINAL GLASS CAN BE REMOVED AND REPLACED WITH MORE INSULATED GLASS, OR GLASS IS MORE PROPERLY INSULATED. 
          UH, AND THERE ARE A NUMBER OF DAY TO ALLOW THE RETROFIT OF WOOD WINDOWS TO MAKE THOSE MORE ENERGY EFFICIENT, TO SEAL UP ANY CRACKS OR GAPS THAT MAY OCCUR WITHIN THE EXISTING OR ORIGINAL WINDOW. 
          UH, SO TO ANSWER YOUR QUESTION, YES, THEY CERTAINLY CAN BE RETROFITTED, UH, THROUGH A REPAIR. 
          UH, AND THAT REPAIR, UH, IS ACTUALLY AN ITEM THAT'S ELIGIBLE FOR ADMINISTRATIVE APPROVAL THROUGH OUR OFFICE. 
          UM, ONE OF THOSE ITEMS THAT WE COMMONLY SEE IS, UH, THE REPAIR OF WOOD ELEMENTS AND REPLACEMENT OF DAMAGED, BROKEN OR CRACKED A RATTLING GLASS. 
          UM, SECOND QUESTION I HAVE IS, UM, YOU KNOW, IT LOOKS LIKE THIS NEIGHBORHOOD WAS ESTABLISHED IN 1931. 
          UM, THEY, I, I THINK THE APPLICANT SAID THEY, THEIR HOUSE WAS BUILT IN 43, AND IT SHOWS THAT IT BECAME A HISTORICAL DISTRICT IN 2007. 
          UM, AND SO THAT THE, THE, UM, DESIGNATION OF HISTORICAL, UM, HOW, HOW IS THAT OBTAINED? IS IT THE, IS IT THE COMMUNITY ITSELF THAT PUTS IN A REQUEST? OR IS IT THE CITY THAT DESIGNATES AND SAYS YOU ARE NOT CONSIDERED? AND SO YOU'LL BE BY, BY ABIDING BY THESE, UH, REQUIREMENTS YOU'LL DO TO MAINTAIN YOUR HISTORICAL SIGNIFICANCE? THE UNIFIED DEVELOPMENT CODE REQUIRES, UH, OWNER PARTICIPATION. 
          SO THERE MUST BE A MAJORITY OF PROPERTY OWNERS WITHIN THE PROPOSED BOUNDARIES THAT AGREE WITH DESIGNATION. 
          UH, THE FINDING OF SIGNIFICANCE FOR THE DISTRICT OR FOR THAT NEIGHBORHOOD WOULD THEN GO BEFORE THE HISTORIC AND DESIGN REVIEW COMMISSION, THE ZONING COMMISSION, AND THEN FINALLY CITY COUNCIL FOR THE ACTUAL ZONING CHANGE. 
          AND SO, UM, I'M SORRY, PART, I GOT TWO MORE QUESTIONS. 
          I APOLOGIZE. 
          AND SO, SO WHEN SOMEONE BUYS INTO A PROPERTY, UM, YOU KNOW, I GUESS THAT HISTORICAL DESIGNATION'S PROVIDED CORRECT. 
          AND SO PEOPLE KIND OF KNOW WHAT YOU'RE BUYING INTO WITH THE ASSUMPTION OF ALL REQUIREMENTS, THEREFORE TO MAINTAIN HISTORICAL SIGNIFICANCE. 
          AND WHAT THAT MEANS IS THAT, WOULD THAT BE TRUE? YES, SIR. 
          SO, UH, FOR A COUPLE OF WAYS TO ANSWER THAT QUESTION. 
          UH, THE OFFICE OF HISTORIC PRESERVATION, WE DELIVER, UM, OR WE HIRE A COMPANY THAT DELIVERS DOOR HANGERS, UH, TO EDUCATE PROPERTY OWNERS ONCE A YEAR ON THEIR STATUS AS A HISTORIC PROPERTY OR LOCATED WITHIN A HISTORIC DISTRICT. 
          UM, IT ALSO PROVIDES INFORMATION TO THEM OF HOW TO OBTAIN, UH, A CERTIFICATE OF APPROPRIATENESS, WHAT REQUIRES YOUR CERTIFICATE OF APPROPRIATENESS AND HOW THEY CAN REACH OUT TO OUR OFFICE. 
          UH, ALSO, UH, WE PROVIDE, UH, REALTOR TRAINING EACH YEAR. 
          UM, AND THIS IS PARTICULARLY IMPORTANT BECAUSE, UH, THE MAJORITY OF REALTORS THAT ARE WORKING WITH HISTORIC PROPERTIES ARE BEGINNING TO TAKE THIS COURSE, UM, AS IT'S REQUIRED BY STATE LAW FOR A SELLER AND A REALTOR TO NOTIFY POTENTIAL PURCHASER OF THE ZONING OF THE PROPERTY AND THE FACT THAT THE PROPERTY IS LOCATED WITHIN A HISTORIC DISTRICT. 
          OKAY. 
          THEN MY FINAL QUESTION, UM, SO, SO THE APPLICANT SHOWED SOME, UH, SOME PICTURES WHERE THERE HAVE BEEN SOME CHANGES MADE TO HOMES THAT, UH, WERE NOT NECESSARILY COMPLIANT. 
          UM, SO FROM YOUR PERSPECTIVE, ARE YOU AWARE OF ANY APPEALS AND OR SUCCESSFUL OR, UH, ANY APPROVALS AND OR SUCCESSFUL APPEALS THAT ALLOWED FOR REPLACEMENT OF WINDOWS WITH, UH, MATERIAL OTHER THAN THE WOOD AS YOU'RE CURRENTLY DEFINING? SO ARE THERE ANY IN THE, AT ANY OTHERS IN THIS AREA THAT YOU'RE AWARE OF? I CAN'T RECALL OFF THE TOP OF MY HEAD. 
          THE HISTORIC AND DESIGN REVIEW COMMISSION REVIEWS CASES ON A CASE BY CASE BASIS. 
          UM, THERE MAY BE AN INSTANCE TO WHERE A PROPERTY FEATURES WOOD WINDOWS THAT ARE BEYOND THE POINT OF REPAIR TO WHERE THE COMMISSION HAS REPO RE APPROVED A REPLACEMENT PLAN OR REPLACEMENT WINDOW PRODUCT. 
          UM, WITHOUT HAVING THE ADDRESSES, UH, FOR THE EXAMPLES THAT THE APPLICANT SHOWED, I'M, I'M, UNFORTUNATELY CAN'T LOOK THOSE UP. 
          UH, BUT JUST TO REITERATE, THE COMMISSION DOES REVIEW EACH CASE ON A CASE BY CASE BASIS. 
          UH, IF THE APPLICANT HAS PROVIDED INFORMATION, UH, TO MAKE A CASE FOR WINDOW REPLACEMENT AND THE WINDOWS ARE BEYOND REPAIR, THE COMMISSION HAS THE ABILITY TO APPROVE A REPLACEMENT. 
          OKAY. 
          THANK YOU. 
          I'M SORRY I TOOK SOME OF MY QUESTIONS THERE. 
          THANK YOU. 
          NO WORRIES. 
          THANK YOU. 
          WHO WOULD LIKE TO GO NEXT? BRAGMAN? COMMISSIONER BRAGMAN? UH, THIS IS FOR O H P. 
          ARE THERE ANY GRANTS OR ANY, UM, CITY, UM, AID THAT WOULD HELP, UM, THE APPLICANT 
          [01:15:01]
IN RETROFITTING THOSE WOOD WINDOWS? 'CAUSE I MEAN, IT DOES SOUND FAIRLY EXPENSIVE. 
          IS THERE ANY, ANY, ANY GRANTS OR, OR ANYTHING THAT WOULD HELP, UH, SOMEBODY FINANCIALLY, UH, TO DO THAT? THE OFFICE OF HISTORIC PRESERVATION DOESN'T DIRECTLY PROVIDE A GRANT. 
          WE DO OFFER A TAX INCENTIVE, UH, WHICH OFFERS A 10 YEAR TAX FREEZE, UH, OR, UH, A 5 0 5 50. 
          SO ESSENTIALLY A 10 YEAR TAX FREEZE. 
          UH, THAT ONCE AN APPLICANT INVESTED OR PROVIDED 30% OF THE IMPROVEMENT VALUE OF REPAIRS, UH, WOULD FREEZE THEIR PROPERTY AT THE VALUE THAT IT'S CURRENTLY APPRAISED AT FOR A FUTURE 10 YEAR PERIOD. 
          UM, THERE ARE OTHER NONPROFITS, UH, LOCATED WITHIN SAN ANTONIO, THE CONSERVATION SOCIETY. 
          ONE OF THEM, UH, THAT OFFERS, UM, THAT OFFERS, UH, A GRANT FOR REHABILITATION. 
          UH, THE APPLICANT WOULD NEED TO APPLY THROUGH THEM FOR THAT. 
          UH, BUT THAT'S ALSO AVAILABLE. 
          UM, THERE MAY BE OTHER CITY DEPARTMENTS THAT OFFER, UH, GRANTS OR FINANCIAL ASSISTANCE, UH, NOT PARTICULAR TO WINDOW REPAIR, UH, BUT TO MAINTAINING A, A OLDER HOME, UH, IF THE PROPERTY OWNER QUALIFIED FOR THOSE. 
          THANK YOU. 
          OKAY. 
          UH, ANYONE ELSE? MICHELLE, UH, COMMISSIONER MICHELLE. 
          UM, THIS IS FOR THE APPLICANT. 
          UH, HAVE YOU MADE ANY ATTEMPTS TO REPAIR THE WINDOWS, UM, AS THEY ARE RIGHT NOW, OR TO WEATHERPROOF THEM AT ALL? UM, 'CAUSE THERE ARE A NUMBER OF PRODUCTS OUT THERE THAT YOU CAN USE TO WEATHERPROOF UH, HISTORIC WOOD WINDOWS. 
          SO JUST WONDERING IF YOU HAD MADE ANY ATTEMPTS ASIDE FROM LOOKING AT REPLACEMENT? NO. 
          UM, UM, AS I SAID, THE MAIN ISSUE HERE IS THAT I HAVE SINGLE PANE, VERY THIN GLASS, AND I DIDN'T THINK I WAS ALLOWED TO REPLACE THAT WITH DOUBLE PANE GLASS. 
          THAT'S, THAT'S WHAT I'M HERE ASKING TO DO. 
          AND AS FOR THE, UM, STAFF MENTIONED THAT, UM, THEY COULD, I COULD SEAL UH, LEAKS IN THEM, BUT THE PROBLEM IS THEY RATTLE IN THEIR FRAMES. 
          SO IF I SEALED THOSE, I WOULD BE MAKING THEM INOPERABLE AS WINDOWS. 
          I WOULDN'T BE ABLE TO OPEN THE WINDOWS ANYMORE. 
          SO, NO, IS THE ANSWER TO YOUR QUESTION. 
          I HAVEN'T LOOKED INTO ALTERNATIVES. 
          I DIDN'T KNOW THAT I COULD GET DOUBLE PANE GLASS PUT IN, AND IF I COULD, IT WOULDN'T SOLVE MY PROBLEM BECAUSE THE WINDOWS ARE STILL LOOSE IN THEIR FRAMES. 
          WELL, THERE ARE OTHER ALTERNATIVES TO WEATHERPROOFING WINDOWS BESIDES REPLACING THE GLASS WITH DOUBLE PANE, SUCH AS WEATHER STRIPPING, UM, SPRING BRONZE, LIKE THERE, THERE ARE A LOT OF ALTERNATIVES. 
          YOU CAN ALSO, UM, I DO KNOW THAT THE OFFICE OF HISTORIC PRESERVATION DOES FREE GLASSES ON WOOD WINDOW REPAIR, AND IT WILL SHOW YOU HOW TO, YOU KNOW, PUT IN RE PUTTY ON THE GLASS AND MAKE THEM TIGHT IN THEIR FRAME. 
          IT WOULD STILL BE THE SAME OLD THIN ONE PANE GLASS, THOUGH. 
          THANK YOU. 
          THANK YOU. 
          UH, ANY OTHER COMMISSIONER QUESTIONS? ALRIGHT, I HAVE A COUPLE. 
          UM, SO WE, WE, ON ONE OF THE, UM, PUBLIC COMMENTARIES ON THE BOTTOM, UH, IT, IT STATED THAT DURING THE H C R C MEETING, THIS IS FOR, UM, O H P, UH, DURING THE H C R C MEETING, THAT THERE WAS A REMARK THAT, THAT THE, THE WINDOWS BEING SELECTED BY THIS APPLICANT, UH, THAT THESE ANDERSON WINDOWS GENERALLY MET, UH, WOOD REPLACEMENT. 
          CAN YOU PLEASE COMMENT ON THAT? UH, SO, UH, YES, THAT'S, UM, NOT QUITE ACCURATE, BUT I'LL, I'LL GO INTO THAT. 
          SO THE OFFICE OF HISTORIC PRESERVATION STAFF HAS, UH, GUIDELINES OR SPECIFIC STANDARDS FOR WOOD WINDOWS OR WINDOWS AND NEW CONSTRUCTION AND THEN REPLACEMENT WINDOWS. 
          THESE WINDOWS GO INTO EVERYTHING FROM MATERIAL TO, UH, TOP RAIL HEIGHT TO BOTTOM RAIL HEIGHT TO MEETING OR CHECK RAIL HEIGHT, TO WHERE WE BASICALLY BREAK DOWN A, A WINDOW AND WE COMMENT ON HOW THAT WINDOW IN EACH REGARD MATCHES OR DOES NOT MATCH WITH THE EXISTING WINDOW. 
          UM, THESE ARE SPECIFICATIONS THAT WE HAVE FOR WINDOWS AND ADDITIONS, WINDOWS AND CONSTRUCTION AND REPLACEMENT WINDOWS. 
          WHAT WE DO AS STAFF TO PROVIDE THAT ADDITIONAL LEVEL OF DETAIL IS REGARDLESS OF WHAT WINDOW PRODUCT IS SUBMITTED, WE WILL REVIEW THAT WINDOW AGAINST OUR STANDARDS. 
          INSTEAD OF JUST SAYING IT'S NOT A WOOD WINDOW, WE'RE NOT GONNA LOOK AT IT, WE WILL ACTUALLY PROVIDE THAT INFORMATION TO THE H D R C AND TO THE APPLICANT. 
          THEREFORE, IF THE APPLICANT DID PRESENT A WINDOW THAT DID MATCH THOSE STANDARDS, WE WOULD COMMENT ON IT AND SAY, THAT'S SO THAT IF THE COMMISSION DETERMINES THAT THE APPLICANT HAS PRESENTED A CASE, OR THAT THE WINDOWS ARE BEYOND REPAIR, THE COMMISSION IS COMFORTABLE WITH THE DECISION TO APPROVE THOSE WINDOWS AS STAFF HAS PROVIDED THAT INFORMATION, THAT THEY ARE CONSISTENT WITH 
          [01:20:01]
THE GUIDELINES. 
          WELL, WELL, WHAT I WAS ASKING WAS IS DID THAT, DID THAT REMARK BE MADE OR NOT? I MEAN, DID, DID, WAS IT STATED THAT THE WINDOWS THAT WERE BEING SELECTED BY THE APPLICANT GENERALLY MET AS A WOOD WINDOW REPLACEMENT? YES OR NO? YES. 
          OKAY. 
          UH, WHAT WE ALSO HEARD COMMENTARY ABOUT, UH, OWNERS EITHER AGREEING OR NOT AGREEING WITH AN HISTORIC DESIGNATION, I KNOW THAT IF AN OWNER DOES NOT AGREE WITH IT, THEN, THEN ANY, THEN, UH, THAT ZONING REQUIRES A 75% OR BETTER VOTE FOR IT TO EVEN HAPPEN, UH, THROUGH, THROUGH THESE VARIOUS COMMITTEES, UH, COMMISSIONS. 
          I APOLOGIZE. 
          DID, UH, SO FOR THE APPLICANT, WHAT, WHEN DID YOU PURCHASE YOUR HOME? SIX YEARS AGO THIS MONTH. 
          AND, OKAY, SO YOU, IT BECAME A HISTORIC DISTRICT BEFORE THEN, SO IT WAS HISTORIC WHEN YOU PURCHASED IT. 
          OKAY. 
          THAT I WAS JUST CURIOUS. 
          AND THEN, UM, A ANOTHER, ANOTHER QUESTION I HAD WAS, YOU READ THAT FOR O H P THERE WAS A REMARK THAT WINDOWS COULD GENERALLY BE BE REPAIRED. 
          DID YOU, DID YOU ACTUALLY LOOK AT THE WINDOWS THAT ARE ON THE APPLICANT'S HOME TO SEE, UH, WHETHER OR NOT THEY WERE GENERALLY REPAIRABLE OR WHETHER THEY WERE, IS REAL ISSUES WITH REPAIR? UH, SO IN REGARDS TO THAT, THE APPLICANT PROVIDED A NUMBER OF PHOTOS WHICH O O H P STAFF STUDIED. 
          UH, WE RECEIVED A NUMBER OF APPLICATIONS FOR WOOD WINDOW REPAIR AND REPLACEMENT A YEAR. 
          UH, SO, UH, WE ARE RELATIVELY FAMILIAR WITH WHICH TYPE OF WINDOW AND WHAT, WHAT THE STATUS OF A WINDOW AND THE, THE DETERIORATION TO A WINDOW, WHAT CANNOT AND CAN BE REPAIRED. 
          UM, WELL, WHAT, WHAT DID YOU THINK ABOUT THE APPLICANT'S WINDOW SPECIFICALLY? WERE THEY REPAIRABLE OR NOT REPAIRABLE? THEY WERE REPAIRABLE. 
          UH, THE MAJORITY OF THE ACTUAL TOP AND BOTTOM SASHES WERE IN RELATIVELY GOOD CONDITION. 
          AND AS FAR AS DETERMINING WHETHER A WINDOW IS BEYOND REPAIR OR NOT, IS THERE A FINANCIAL TEST THAT GOES WITH THAT? 'CAUSE I KNOW IN SOME INSTANCES, UH, IF IT'S OUTRAGEOUSLY EXPENSIVE TO RE TO TO REPAIR, THEY COULD BE DEEMED BEYOND REPAIR. 
          SO I'M WONDERING WHAT THE PRICE OF WOOD, THE WAY IT IS NOW, UH, IS THERE A FINANCIAL COMPONENT THAT GOES WITH THAT SORT OF A DECISION? NOT FROM A STAFF STANDPOINT. 
          THE COMMISSION MAY TAKE THAT INTO CONSIDERATION. 
          STAFF IS SPECIFICALLY LOOKING AT THE HARDWARE, THE WOOD PROFILE OF THE WINDOW, WHAT MATERIALS ARE STILL THERE AND WHAT, HOW, WHAT LEVEL OF DETERIORATION EXISTS WITH THOSE EXISTING MATERIALS. 
          OKAY. 
          AND THEN FOR THE APPLICANT, UH, DID YOU GET ANY COST TO EITHER REPAIR OR REPLACE WITH A WINDOW THAT WOULD'VE MADE O H B HAPPY? OR, AND, AND, AND IF SO, HOW DID THAT COMPARE WITH WHAT YOU WERE WANTING TO DO? NO, I WASN'T GIVEN ANY, ANY OPTIONS FOR, FOR WOOD WINDOWS THAT WOULD MEET THEIR STANDARDS. 
          AND AS FOR YOUR PREVIOUS QUESTION THERE, UH, IT WAS IN THE STAFF RECOMMENDATIONS THAT IT SAID MY PROPOSED REPLACEMENT WHEN WINDOWS DO GENERALLY FIT THEIR SPECIFICATIONS. 
          YEAH, THAT'S WHY I WAS ASKING YOU THAT QUESTION BECAUSE IT JUST, THEY JUST, THEY JUST, UH, CALLED OUT AT ME WHEN THAT WAS, UH, SHOWN AS A, AS A, AS PART OF THE PUBLIC RECORD. 
          OKAY. 
          UH, WELL, I HAVE NO FURTHER QUESTIONS. 
          ARE THERE ANY OTHER COMMISSIONER QUESTIONS? MANNA, JOEY, COMMISSIONER MANNA? SO, UH, THIS QUESTION'S FOR STAFF. 
          SO WITH REGARDS TO, OR LET'S SEE, DID WE HAVE A RESPONSE FROM THE ALMOS PARK TERRACE NEIGHBORHOOD ASSOCIATION? WE DIDN'T RECEIVE ANYTHING ELSE, SIR. 
          OKAY. 
          AND SO, SO, UM, YOU KNOW, I GUESS THERE'S A, THINGS LIKE A LARGE COMMUNITY, UM, PERSPECTIVE HERE THAT THAT'S OKAY WITH THIS CHANGE HERE. 
          AND, UM, AND SO, SO THEREFORE THEIR PERSPECTIVE OF, OF HOW TO TREAT THEIR HISTORICAL DISTRICT IS EVOLVING. 
          AND SO, SO, UM, IF A COMMUNITY WANTED TO CHANGE HOW THEIR, UM, YOU KNOW, I GUESS THEIR HISTORICAL DESIGNATION, IT WOULD AGAIN, COME BACK THROUGH THE CITY, UM, TO, TO, UH, BASICALLY TO REAPPLY TO SAY WE NO LONGER WANNA BE CONSIDERED HISTORIC AND WE WANNA MAINTAIN OUR DISTRICT, YOU KNOW, TO, TO OUR STANDARDS. 
          IS WOULD THAT BE TRUE? UM, TO ANSWER THAT SPECIFICALLY, I MEAN, IF, IF THERE ARE A NUMBER OF, OF OPTIONS, UM, SPECIFICALLY TO ANSWER YOUR QUESTION THOUGH, THERE WOULD HAVE TO BE A DE DESIGNATION. 
          BUT THE HISTORIC AND DESIGN REVIEW COMMISSION, THE ZONING, ZONING COMMISSION AND CITY COUNCIL WILL ALL NEED, WOULD ALL NEED TO MAKE THAT DETERMINATION. 
          OKAY. 
          OKAY. 
          THANK YOU. 
          ANYONE ELSE SHALL ALL RIGHT, UH, COMMISSIONER SHELL, UM, YES, THIS IS FOR, UH, O H P. 
          UM, THE APPLICANT SAID THAT HE WASN'T AWARE OF ALTERNATIVES THAT HE COULD, UM, USE THAT WOULD, UH, CONFORM TO THE GUIDELINES FOR HIS DISTRICT. 
          UM, IS THAT, UH, SOMETHING 
          [01:25:01]
THAT YOU OFFER UP, UM, OR IS THERE ANY, UH, KIND OF FEE FOR HIM TO GET SOME INPUT ON THAT OR THAT INFORMATION? CERTAINLY, UH, O H O H P STAFF CAN PROVIDE THAT INFORMATION TO THE APPLICANT. 
          AND THIS, THIS IS WE, THE ORIGINAL CASE MANAGER FOR THE CASE. 
          UH, THIS INFORMATION WAS PROVIDED PROPERLY AFTER THE SU UH, THE COMMISSION ACTION LETTER WAS ISSUED AS WELL. 
          THANK YOU. 
          THANK YOU. 
          UM, ALL RIGHT. 
          ANYONE ELSE BEFORE WE, UH, TURN IT BACK FOR A REBUTTAL? ALL RIGHT, SO, UH, WITH THAT, I'M GONNA GIVE THE APPLICANT UP TO THREE MINUTES AFTER HEARING ALL THE VARIOUS QUESTIONS AND COMMENTARY TO PROVIDE, UH, CLOSING REMARKS OR ANY REBUTTAL TO ANYTHING YOU MAY HAVE HEARD, SIR. 
          THANK YOU. 
          UM, YES. 
          I BOUGHT THIS HOUSE IN 2015, WHICH WAS SEVERAL YEARS AFTER THIS WAS MADE A HISTORIC DISTRICT. 
          NO ONE INFORMED ME OF WHAT LIVING IN A HISTORIC DISTRICT MEANT, OR THE CONSEQUENCES, OR THAT IT MEANT I WOULDN'T BE ABLE TO DO CERTAIN IMPROVEMENTS ON MY HOUSE. 
          UH, NOBODY GAVE ME THAT INFORMATION. 
          UM, AS TO THE NEIGHBORHOOD ASSOCIATION, IT HAS BEEN INACTIVE FOR THE LAST YEAR OR MORE, AS YOU MIGHT IMAGINE. 
          AND I CALLED THE PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION AND DIDN'T GET A CALL BACK. 
          SO I WENT TO THEIR WEBSITE, WHICH LISTED A DIFFERENT PRESIDENT, SENT AN EMAIL TO HER AND IT BOUNCED BACK SAYING ADDRESS UNKNOWN. 
          AND I SENT HIM AN EMAIL TO ANOTHER PERSON LISTED ON THE BOARD, AND HE REPLIED, I HAVEN'T BEEN INVOLVED IN THAT ORGANIZATION FOR YEARS. 
          SO THE WEBSITE ISN'T UP TO DATE AND THE PRESIDENT IS NONRESPONSIVE. 
          I TRIED TO GET A RESPONSE, BUT COULDN'T, UH, BETH WATKINS, WHO LIVES ON MANDALAY EXACTLY TWO BLOCKS FROM ME, IS A PAST PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION, AND I HAPPEN TO KNOW HER. 
          SO SHE AGREED TO WRITE A LETTER IN SUPPORT, ALTHOUGH SHE MADE IT CLEAR IT WAS IN HER PRIVATE CAPACITY, NOT AS A FORMER PRESIDENT. 
          UM, THE OTHER PEOPLE IN SUPPORT OF ME ARE ALMOST ALL MY NEIGHBORS AROUND ME. 
          IN FACT, IT IS ALL MY NEIGHBORS AROUND ME. 
          DIANE SMITH IS A TRINITY PROFESSOR CAROL ZA IS PAST POET LAURET OF TEXAS. 
          AND ALL OF THEM THAT I APPROACHED SAID THAT SOUNDS LIKE A GOOD IDEA OF, I DON'T KNOW WHY ANYBODY WOULD NOT LET YOU DO THAT. 
          UM, ALL I'M LOOKING FOR IS TO MAKE MY HOUSE COMFORTABLE, AND I'M NOT GONNA CHANGE THE APPEARANCE OF IT AT ALL. 
          I JUST WANNA SAVE ENERGY AND BE COMFORTABLE HERE. 
          THANK YOU FOR LISTENING. 
          THANK YOU. 
          UM, SO WITH THAT, UH, LET'S, IS THERE A, UM, COMMISSIONER, LIKE TO MAKE A MOTION MANNA MR. MANNA REGARDING CASE NUMBER B O A 2 1 1 0 3 0 0 0 5 1. 
          I MOVE THAT THE BOARD OF ADJUSTMENT GRANTS AN APPEAL TO THE HISTORIC PRESERVATION OFFICER'S DECISION OF DENIAL TO ISSUE A CERTIFICATE OF APPROPRIATENESS SITUATED AT 2 4 4 HERMINE BOULEVARD, APPLICANT BEING JAY BRANDON. 
          END OF MOTION, SECOND TE. 
          ALL RIGHT, WE HAVE A MOTION AND A SECOND, UH, COMMISSIONER MANNA, PLEASE START THE DISCUSSION. 
          SO, UM, YOU KNOW, I, I I RECOGNIZE THAT THE APPLICANT, THAT THE MATERIAL THAT HE'S SELECTING, YOU KNOW, IS A GOOD QUALITY MATERIAL. 
          YOU, BUT, BUT ONE OF THE CHALLENGES I HAVE IS THAT I, I HAVE SEVERAL FRIENDS THAT LIVE IN THESE COMMUNITIES THAT ARE PASSIONATE ABOUT THEIR HOMES AND TRYING TO PRESERVE THAT, THAT FEEL. 
          AND SO, SO AS A HOME BECOMES HISTORICAL, YOU KNOW, THERE, THERE ARE RAMIFICATIONS. 
          AND ONE OF THE GUIDELINES BEING IN NEIGHBORHOOD ASSOCIATION IS, YOU KNOW, WHAT ARE THE, YOU KNOW, THE, WE'LL SAY THE DOWNSIDES OF TRYING TO GET SOME OF THESE DESIGNATIONS. 
          AND, AND THE CITY IS DOING EVERYTHING THEY CAN TO PROTECT US. 
          AND, AND SO AS A COMMUNITY, THEY DECIDED TO PROTECT IT. 
          THE CITY IS DOING EVERYTHING THEY CAN TO PROTECT IT, AND I THEREFORE, I'M GONNA DO EVERYTHING I CAN TO PROTECT IT AS WELL. 
          UH, BECAUSE THOSE WERE TWO POSITIONS I THINK THAT, THAT, THAT NEED HELPING. 
          SO I WILL NOT BE SUPPORTING, UM, UH, THE APPLICANT'S. 
          UH, SO I'LL BE SUPPORTING THE CITY. 
          OKAY. 
          COMMISSIONER THIEL. 
          YEAH, THIS ONE'S A DOUBLE-EDGED SWORD FOR ME. 
          I'VE RENOVATED A LOT OF HISTORIC HOMES AND BEEN THROUGH THE H G R C PROCESS, UH, SEVERAL TIMES, YOU KNOW, MY OWN PERSONAL HOME, WE HAD ALMOST 50, UH, A HUNDRED YEAR OLD WINDOWS THAT WE REBUILT, UM, AND NOW THEY DO RATTLE. 
          UH, BUT WHAT IT NORMALLY I WOULD, I WOULD UPHOLD H G R C, ESPECIALLY WITH REGARD TO WOOD WINDOWS. 
          BUT IN THIS, IT SEEMS OVERWHELMING THAT HIS NEIGHBORS ARE IN SUPPORT OF HIM. 
          AND TO ME, THAT'S THE SENSE OF COMMUNITY THAT, UH, THAT'S TRYING TO BE UPHELD IN THESE HISTORIC DISTRICTS. 
          AND, AND THE STATEMENT THAT, GENERALLY SPEAKING, THAT THE PRODUCT THAT HE USED WOULD 
          [01:30:01]
BE APPROPRIATE. 
          ALSO KIND OF WEIGHS ON MY MIND AS WELL. 
          SO I THINK I'LL BE SUPPORTING THE APPLICANT IN, IN THIS PARTICULAR CASE. 
          OKAY. 
          THANK YOU. 
          UH, ANY OTHER COMMISSIONERS? CHAKA, COMMISSIONER MIN CHAKA? I AGREE WITH, UH, COMMISSIONER THIEL AND, UH, AND THE, UH, REASONS, THE EFFICIENCY REASONS PROVIDED BY THE APPLICANT, AS WELL AS THE AESTHETICS IS A NEW WINDOW THAT HE SHOWED US COMPARED TO THE EXAMPLE HE GAVE US. 
          AND ALSO THE MATERIALS THAT PROVIDE ENERGY CONSERVATION AND INSTALLATION PROPERTIES AS, ESPECIALLY IN THE ADVANCING CLIMATE CHANGES. 
          AND THAT'S A BIG ONE. 
          SO I WILL BE SUPPORTING THE APPLICANT. 
          OKAY. 
          UH, ANYONE ELSE? BRAGMAN, COMMISSIONER BRACKMAN? UM, SO I'M KIND OF ON THE FENCE ABOUT THIS. 
          I MEAN, I UNDERSTAND THAT THERE'S A LOT OF COMMUNITY SUPPORT AND THAT THAT GOES A LONG WAY, ESPECIALLY SINCE THE HISTORIC DESIGNATION OBVIOUSLY STEMMED FROM THE NEIGHBORHOOD, UM, INITIALLY. 
          UM, BUT I DO WANNA MENTION THAT, YOU KNOW, WHEN YOU BUY A PROPERTY IN A HISTORIC NEIGHBORHOOD, FIRST OF ALL, THE SELLER'S DISCLOSURE INDICATES THAT IT'S IN A HISTORIC NEIGHBORHOOD. 
          AND IF YOU'RE BUYING IN A HISTORIC NEIGHBORHOOD, IT'S PART OF YOUR DUE DILIGENCE TO MAKE SURE YOU KNOW WHAT THE RAMIFICATIONS ARE OF LIVING IN THAT COMMUNITY. 
          UM, SO, UM, I THINK BASED UPON THE COMMUNITY SUPPORT, I'LL GO AHEAD AND, UM, APPROVE THE MOTION, BUT AGAIN, DUE DILIGENCE. 
          OKAY. 
          UH, ANYONE ELSE LIKE TO, UH, COMMENT ON FISHER? OKAY. 
          COMMISSIONER FISHER? YES, I, I AGREE. 
          THIS IS A, THIS IS A TOUGH CASE. 
          UH, ON ONE HAND, I, I LIVE IN A HISTORIC HOME, AND, AND THE, YOU KNOW, CERTAINLY WE COULD APPROVE EFFICIENCY OF OUR WINDOWS TREMENDOUSLY IF WE REPLACE THEM. 
          HOWEVER, UH, THESE STANDARDS WERE CREATED BY THE NEIGHBORHOOD. 
          UM, THERE IS ALSO A, UH, HUGE, UH, PROMPTNESS BY THE CITY TO GO AHEAD AND PROVIDE INFORMATION ON EACH OF THE HISTORIC, UH, NEIGHBORHOOD, UH, COMMITTEES AND COMMUNITIES AND WHATEVER. 
          AND THOSE LISTS ARE READILY AVAILABLE. 
          UM, SO I WILL BE, UH, AGAINST THE HOMEOWNER AND FOR THE CITY. 
          THANK YOU. 
          OKAY. 
          UH, ANYONE ELSE? ALL RIGHT, I'M GONNA GO AHEAD AND CHIME IN. 
          I, UH, I HAVE TO TELL YOU, UM, YOU KNOW, WE HAVE A LOT OF HISTORIC NEIGHBORHOODS AND WHEN HOMES ARE BUILT BETWEEN THE THIRTIES AND FORTIES, AND THIS WASN'T DESIGNATED TILL, I THINK I HEARD 2009, UH, IT, IT'S, YOU CAN'T TELL ME THAT THERE HASN'T BEEN A LOT OF RENOVATION OR WINDOW REPLACEMENTS IN, IN THE 70 OR SO YEARS THAT THIS HAS BEEN. 
          THIS NEIGHBORHOOD HAS BEEN AROUND. 
          I, I DON'T SEE HOW SOMEONE REPLACING A WINDOW WITH ONE THAT, UH, HAS ALREADY BEEN, UH, STATED THAT GENERALLY MEETS THE REQUIREMENTS. 
          AND, AND A LOT OF THE TIMES, WHAT, WHEN WE DO, WHEN WE DO THINGS LIKE VESTING OR TRYING TO HOLD ON TO WHAT, WHAT HAS DONE IN THE PAST, ONE, ONE ITEM THAT USUALLY IS NOT HELD ONTO IS IF IT'S A LIFE SAFETY OR, OR EVEN SOME EFFICIENCY CODES. 
          AND, YOU KNOW, THIS IS GOING FROM A SINGLE PANE TO A DOUBLE PANE. 
          THE SAVING OF OF MONEY ON THIS, UH, FOR UTILITIES, WHICH IS IN LINE WITH, WITH MANY OF THE DIFFERENT, UH, UH, PURSUITS THAT THE CITY'S DOING WITH C P S AND SAWS. 
          I MEAN, I, I, I, I JUST, IF IT'S GONNA LOOK THE SAME AND NONE OF THE NEIGHBORS, UH, SEEM, SEEM TO MINE, AND THE WINDOW GENERALLY MEETS, YOU KNOW, PER PROCLAMATION BY THE H D R C AND STAFF, I, I HAVE TO GIVE IT TO THIS GUY. 
          I'M GONNA BE IN SUPPORT. 
          AND WITH THAT STAFF, PLEASE TAKE A ROLL CALL. 
          VOTE. 
          MICHELLE. 
          NO, I DO NOT CONCUR. 
          MR. MANCHACA. 
          I SUPPORT THE APPLICANT. 
          MS. CRUZ. 
          UH, I DO NOT CONCUR. 
          MRNA, UM, I DO NOT CONCUR. 
          MS. BREGMAN. 
          I CONCUR. 
          MR. DELMER, I CONCUR. 
          MS. FISHER, I DO NOT CONCUR. 
          MR. TEAL. 
          I CONCUR. 
          MR. UNA? YES, I CONCUR. 
          AND CHAIR ORIAN. 
          UH, I ALSO CONCUR. 
          UH, MOTION FAILS WITH A VOTE OF SIX TO FOUR. 
          UH, PLEASE, PLEASE, UH, GET WITH, FOR THE APPLICANT. 
          MR. BRANDON, PLEASE GET WITH STAFF TO DISCUSS YOUR OPTIONS. 
          [3. 21-4165 BOA-21-10300034]
UH, NEXT CASE PLEASE. 
          NEXT CASE IS POA 21, 1 0 3 0 0 0 3 4. 
          LOCATION AT 2 0 1 STREET COUNCIL. 
          DISTRICT ONE APPLICANT IS SMALL HOUSE SOLUTIONS TO REQUEST FOR ONE A SEVEN FOOT, ONE 
          [01:35:01]
INCH VARIANCE TO THE REQUIRED 20 FOOT, UH, NCD. 
          FIVE FRONT SETBACK TO ALLOW A 12 FOOT 11 INCH FRONT SETBACK. 
          TWO, A VARIANCE TO THE NCD FIVE RESTRICTION TO ALLOW A DRIVEWAY GATE AND THREE, A VARIANCE TO THE NCD FIVE CORNER LOT. 
          UM, NEW STREET FACING FENCES TO ALLOW A STEEL FENCE IN THE FRONT YARD FOR A 20 FOOT VARIANCE TO THE 12 FOOT N C D UH, DRIVEWAY. 
          MAXIMUM WIDTH TO ALLOW A DRIVEWAY WIDTH OF 32 FEET. 
          CURRENT ZONING IS INFILL DEVELOPMENT ZONE N C D FIVE A H O D. 
          NEXT SLIDE. 
          SUBJECT PROPERTY LOCATED ON THE CORNER OF HICKMAN STREET AND, AND RAILROAD TRACKS. 
          UH, THIS PROPERTY MIGHT BE FAMILIAR TO YOU. 
          TRAIN, UH, DERAILMENT IN ABOUT 2007 TOOK OUT THE EXISTING HOME THAT WAS THERE. 
          UH, I BELIEVE IT WAS 2006 OR SEVEN. 
          THE APPLICANT IS SEEKING TO BUILD A, A SINGLE FAMILY DWELLING ON THE 2,430 SQUARE FOOT LOT IN BEACON HILL NEIGHBORHOOD. 
          UH, THE PROPERTY IS SMALLER IN SIZE THAN MOST PROPERTIES IN THE NEIGHBORHOOD AND WAS REZONED IN 2015 TO AN INFILL ZONING CLASSIFICATION TO ALLOW DEVELOPMENT OF A SINGLE FAMILY HOME. 
          HERE IS THE, UH, SITE PLAN OF THE SUBJECT PROPERTY. 
          AS YOU CAN SEE, THE DRIVEWAY EXTENDS TO THE SIDE OF THE PROPERTY AND WITH RIBBONS, UH, IN FRONT. 
          NEXT SLIDE. 
          SUBJECT PROPERTY. 
          AS YOU CAN SEE, THE RAILROAD TRACKS NEXT DOOR AND THE HOME IN FRONT WITH GARAGE STAFF RECOMMENDS DENIAL OF VARIANCES. 
          NUMBER TWO TO THE RESTRICTION TO ALLOW A DRIVEWAY GATE AND FOUR, UH, 20 FOOT VARIANCE TO THE MAXIMUM WIDTH OF 12 FEET FOR A DRIVEWAY TO ALLOW A DRIVEWAY WIDTH OF 32 FEET. 
          AND V O A 21 1 0 3 0 0 3 4 BASED ON THE FOLLOWING FINDINGS OF FACT, THE PROPOSED GATE AND DRIVEWAY WITH EXCEED THE CD FIVE STANDARDS, STAFF DOES RECOMMEND APPROVAL OF VARIANCES. 
          NUMBER ONE, A SEVEN FOOT, ONE INCH VARIANCE TO THE REQUIRED MINIMUM FRONT SETBACK OF 20 FEET TO ALLOW A 12 FOOT, 11 INCH FRONT SETBACK, AND THREE, A VARIANCE TO THE SAME MATERIAL AND PROPORT REQUIREMENTS FOR NEW STREET FACING FENCES. 
          FOR COURT, LOTS TO ALLOW A STREET, UH, STEEL FENCE IN THE FRONT YARD IN B 21 1 3 3 4. 
          BASED ON THE FOLLOWING FINDINGS OF FACTS, THE PROPERTY IS SMALLER THAN SURROUNDING LOTS AND WILL BE THE ONLY RESIDE RESIDENTIAL DWELLING ON THE BLOCK FACE. 
          NEXT SLIDE. 
          27 NOTICES WERE SENT OUT, ONE WAS RECEIVED IN FAVOR, ONE IN OPPOSITION, FIVE POINTS HOMEOWNERS ASSOCIATION AND ALTA VISTA NEIGHBORHOOD ASSOCIATION ARE IN FAVOR, BUT YET NO RESPONSE FROM THE BEACON HILL NEIGHBORHOOD ASSOCIATION. 
          NEXT SLIDE. 
          ALL RIGHT, WE DO HAVE THE APPLICANT ON THE LINE. 
          UM, WHEN YOU ARE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION. 
          MR. MARTINEZ, IF YOU CAN HEAR ME, YES, PLEASE PRESS, THERE YOU GO. 
          YES, I CAN HEAR YOU. 
          GO AHEAD AND STATE YOUR NAME AND ADDRESS FOR THE RECORD, AND YOU CAN START YOUR PRESENTATION, MUTE YOUR SECONDARY, WHATEVER YOU'RE LISTENING TO ON, GO AHEAD AND MUTE THAT FOR US. 
          OKAY. 
          HELLO, THIS IS PABLO MARTINEZ. 
          GO AHEAD, SIR. 
          STATE YOUR, YOUR ADDRESS AS WELL FOR THE RECORD AND YOU CAN START YOUR PRESENTATION. 
          YEAH. 
          ADDRESS ON 2 0 1 HICKMAN STREET, SAN ANTONIO, TEXAS 7 8 2 2. 
          START YOUR PRESENTATION, SIR. 
          OKAY. 
          SORRY ABOUT THAT. 
          LEMME NO RESPONSE. 
          GO AHEAD. 
          YEAH, GO AHEAD. 
          MUTE THAT IN THE BACKGROUND, PLEASE. 
          YEAH, I'M MUTING IT. 
          GOTCHA. 
          YOU, YOU CAN GO AHEAD, SIR. 
          UH, YEAH, THE SIDE PLAN GONNA COME UP. 
          WE GOT IT, SIR. 
          YES. 
          YOU REMEMBER, IF YOU'RE WATCHING ONLINE, IT'S A DELAYED RESPONSE, SO IT'S ALREADY ON THERE FOR THE OKAY, GOTCHA. 
          . 
          OKAY. 
          UM, AT FIRST THIS, UM, 
          [01:40:02]
SITE, YOU KNOW, STARTED OUT WITH, UM, ME MEETING WITH THE, UH, BEACON HILL, UH, ZONING, UH, BOARD. 
          AND, AND FIRST OFF, UH, IT WAS SUGGESTED THAT I GET A LIFTING FROM, UH, THEM ON, UH, THAT FIRST ITEM BEING THE 20 FOOT BUILDING SETBACK DESIGN. 
          UM, AND SO, SO I STARTED WITH, UH, DEVELOPING THE SITE PLAN. 
          AS YOU SEE, IT'S VERY SMALL RESTRICTED. 
          UM, THE, THE PORT, UH, BEACON HILL, UH, FOLK SHARED WITH ME, UM, A SITE PLAN THAT WAS PREVIOUSLY APPROVED BACK IN ON 2015, 2016. 
          I SHARED WITH THE, UM, WITH, UH, THE BOARD OF ADJUSTMENTS, UH, PLANNER MEGO. 
          IT WAS, UH, NOT FOR CONSTRUCTION AT THE TIME, BUT IT WAS MATIC AND DESIGN, UM, WITH A, UM, WITH A DRIVEWAY IN THE FRONT. 
          SIMILAR TO THAT, I HAVE TO THE, UH, TO THE RIGHT OF THE NEW CONCRETE DRIVEWAY THAT'S OFF TO THE LEFT OF THE PROPOSED RESIDENCE. 
          UM, SO THEREFORE I, I HAVE, I HAVE THAT. 
          UM, BUT THAT HOUSE CAME, UM, WAY CLOSER TO THE, UM, UM, TO THE PROPERTY LINE, UH, WHERE THEY WERE UTILIZING THE, THE WHOLE SIDE OF, UH, YOU'LL SEE THAT THERE'S A 5.53 TO THE RIGHT AND A 38.08, UH, FOOT, UH, TO THE RIGHT AS WELL. 
          AND THAT PROPERTY WAS CONSIDERED AT 43 FEET. 
          THE SURVEY THAT I RECEIVED FROM OUR CLIENT, UH, FROM THE AUTO COMPANY, SHOWED THAT WE HAD 38.08. 
          SO THAT'S, THAT'S WHAT I'M WORKING WITH, UH, AS I, AS I KNOW TO BE TRUE. 
          SO, UH, WENT OUT THERE JUST TO BUILD MEASUREMENTS, UH, LOCATED THE EXISTING CONCRETE APPROACH, THE EXISTING CONCRETE SIDEWALK CAN, AND WENT, WENT FROM THERE. 
          UM, SO, UM, SHARED WITH, UH, BEACON HILL, UM, GROUP, UM, HAD TO PRESENT TO THE WHOLE NEIGHBORHOOD, UM, BACK IN, BACK IN, UH, LATE, UH, MID-APRIL, I BELIEVE, UM, BECAUSE I WAS TRYING TO GET ON THE MAY 5TH DOCKET. 
          UM, AND THEN IT WAS, UH, DETERMINED. 
          UH, I RECEIVED ADDITIONAL QUESTIONS, UM, ASKING ABOUT THE FENCE AND IF WE WERE GONNA MATCH UP WITH OUR NEIGHBOR'S FENCE TO THE LEFT AND TO THE RIGHT WHERE WE'RE GONNA HAVE A GATE. 
          UH, THAT GATE HAD TO BE APPROACHABLE FROM THE EXISTING PUBLIC RIGHT OF WAY, SIDEWALK. 
          THAT'S NOT VERY, UM, FRIENDLY ANYWAY, UM, BUT WE CAN TAKE CARE OF THAT. 
          UM, AND THEN THE GATE, UH, IF I UNDERSTOOD IT CORRECTLY, I HAD TO MATCH UP WITH THE FENCE. 
          THE CHAIN LINK FENCE, UH, OF THE NEIGHBOR, NEIGHBOR HAS A GATE AT THE, AT THE SIDE, THEIR SIDE YARD, WHICH IS OUR FRONT YARD, AND THEY HAVE GATE AT THEIR FRONT YARD. 
          UH, AND THROUGHOUT THE NEIGHBORHOOD THEY HAVE CHAIN LEAK, UH, GATE, UH, FAR AS WE'RE LOOKING TO MAKE, UM, MECHANICAL. 
          THAT'S THE REASON FOR THE OPERATOR, UM, RIGHT ABOVE THE 59 FEET, 22 MINUTE MARK. 
          UM, BUT WE WERE GONNA KEEP THAT A FOUR FOOT GATE. 
          UM, WE, WE WERE ABLE TO DRIVE IN AND ABLE TO DRIVE OUT, UM, HE 32 FEET. 
          I WASN'T QUITE CLEAR ON THE 32 FEET BEING, UH, IN THE, IN THE FRONT THERE, BECAUSE THAT DRIVEWAY I IS IN ORDER TO BE ABLE TO BACK OUT AND THEN PULL OUT THROUGH THE FRONT OR BE ABLE TO PARK ANOTHER VEHICLE THERE, UH, THAT, AS YOU SEE, IT'S EIGHT FEET WIDE, BUT UNDERSTANDING WHY WE'RE CONSIDERING IT 32 FEET WIDE. 
          UM, BUT, UM, THIS IS A COLLABORATIVE EFFORT, SO I'M ALL EARS. 
          OKAY. 
          THANK YOU VERY MUCH. 
          UH, STAFF, IS THERE ANY PUBLIC COMMENTARY STAND WHILE WE'RE BRINGING UP THE COMMENTARY NOW? OKAY, HOLD ON. 
          [01:45:01]
I APOLOGIZE FOR THAT. 
          I THOUGHT I WAS ON MUTE. 
          ALRIGHT, HERE WE GO. 
          IT'S AT 1 0 6 . 
          I AM FOUR. 
          UH, NEXT ONE IN OPPOSITION AT ONE 10. 
          ER, THIS IS JIMMY PARKS AND THAT HERE ATI, I SUPPORT THIS REQUEST. 
          OKAY. 
          UM, NO ADDRESS. 
          OH YEAH. 
          FROM ALAVI NEIGHBORHOOD ASSOCIATION. 
          OKAY. 
          UH, ACTUALLY, THAT WAS FROM THE OTHER NEIGHBOR ASSOCIATION FROM AL VISTA. 
          AL VISTA HAS REVIEWED THE PLANS AND VISITED THE SITE. 
          THERE IS NOTHING OF CONCERN FOR THE PROPERTY ACCORDING TO THE NEW BUILDING BILL PLAN AND DESIGNED FOR THE STRUCTURE. 
          AND PLA CONSIDERING THE POSITION OF, OF THE LOT NEXT TO THE TRACKS AND ITS LOCATION ADJACENT TO THE BUSY INTERSECTIONS WITH MIXED RESIDENTIAL AND BUSINESS, THE DESIGN IS IN THE BEST INTEREST OF AND CARE FOR THE FUTURE RESIDENTS. 
          WE'RE HAPPY THAT THIS, UH, IT IS BEING BUILT AS A SINGLE FAMILY RESIDENCE AND WE HOPE THAT THE STRUCTURAL CHARACTERISTICS WILL HONOR THE, THE PERSONALITY OF OUR NEIGHBORHOODS. 
          ALL THE BEST. 
          UH, CHRISTINA WRIGHT, PRESIDENT OFFICE AND NEIGHBORHOOD ASSOCIATION. 
          ALRIGHT, UH, YES. 
          AND BEFORE I OPEN THIS UP TO COMMISSIONER QUESTIONS, CAN STAFF, CAN YOU PLEASE, UH, CLARIFY HOW YOU DETERMINE THE WIDTH OF A DRIVEWAY AND ALSO HOW YOU DETERMINE WHETHER IT IS A CORNER LOT, UM, BEING NEXT TO A RAILROAD RIGHT OF WAY, WHICH, WHICH IS NOT PUBLIC RIGHT OF WAY. 
          SO THE, ULTIMATELY THIS IS THE ONLY STRUCTURE FACING THAT ROADWAY. 
          UM, WE, WE DEEMED IT AS AN, UH, CORNER BECAUSE OF THE, THE RIGHT OF WAY ITSELF SEPARATING THE TWO, THE STREETS. 
          UM, IT'S A VERY UNIQUE SITUATION. 
          WE'LL GIVE IT THAT IN THAT IT'S NOT ONLY A SMALLER LOT, BUT IT DOES FACE IT THAN WHICH THERE ARE NONE OTHER WITHIN BEACON HILL SPECIFICALLY THAT, THAT FACE THAT STREET ACROSS TRACKS IN ALTA VISTA. 
          I BELIEVE THERE ARE A FEW THAT DO FACE IT, BUT IN BEACON THIS IS THE ONLY ONE AND THE 32 FOOT DRIVEWAY. 
          CAN YOU PLEASE CLARIFY HOW THAT IS MEASURED BY STAFF? WE MEASURED IT BECAUSE OF THE CURVATURE AT THE LONGEST POINTS. 
          UM, SO IT CURVES OVER AND EXTENDS IN FRONT OF THE HOME, UM, AND THEN TURNS INTO RIBBONS, UH, CLOSER TO THE DOOR OR TO THE PORCH. 
          OKAY, THANK YOU. 
          UH, LET'S OPEN THIS UP TO COMMISSIONER QUESTIONS. 
          UH, WHO WOULD LIKE TO START? CURTIS? COMMISSIONER CRUZ. 
          UM, THIS IS FOR THE APPLICANT, SIR. 
          HOW BIG IS THE HOUSE GONNA BE? BECAUSE DID, IS IT TWO STORY THEN? IS THAT WHAT I'M LOOKING AT? YES, MA'AM. 
          UH, UH, RIGHT WHERE YOU SEE PROPOSED RESIDENCE, WE HAVE FIRST FLOOR 688 SQUARE FEET AND SECOND FLOOR, UH, UH, 500 SQUARE FEET. 
          NOW, WITH THE RAILROAD BEING RIGHT BEHIND IT, BECAUSE I KNOW I LEFT BY ONE, UH, IS THAT GONNA CAUSE ANY KIND OF VI VIBRATION FOR THE HOME OR FOR THE WINDOWS? UM, WE, WELL I HAVE PROVIDED A ELEVATION, A FRONT ELEVATION EARLY ON, BUT, UH, WE'RE GONNA MINIMIZE THE, THE AMOUNT OF WINDOWS ON THAT RIGHT ELEVATION WHERE WE HAVE THE TRAIN TRACKS. 
          OKAY. 
          AND THE DRIVEWAY, DOES IT HAVE TO BE THAT LONG OR THAT SO THEY CAN HAVE MORE THAN ONE VEHICLE? UH, YES, I, IDEALLY WE WOULD LIKE TO HAVE MORE THAN ONE VEHICLE. 
          UM, UH, MIND YOU, THAT DEPTH OF THAT PROPERTY IS ONLY 38.18, SO IT ONLY LOOKS THAT LONG BECAUSE THAT'S THE DEPTH OF OUR PROPERTY. 
          OKAY. 
          ALRIGHT. 
          THANK YOU. 
          YES, MA'AM. 
          KEITH BRAGMAN. 
          MR. BRAGMAN, UM, SO THIS IS FOR THE CITY. 
          UM, I UNDERSTAND HOW THE MEASUREMENT WAS TAKEN FOR 32 FEET, BUT I GUESS MY QUESTION IS IF IT'S A, IF IT'S A DRIVEWAY WHERE THERE'S NO TURNAROUND AVAILABLE, AND SO EITHER YOU HAVE TO BACK INTO THE DRIVEWAY OR YOU HAVE TO PULL INTO THE DRIVEWAY FORWARD AND THEN BACK OUT INTO THE STREET, UM, WHAT IS THE ALTERNATIVE FOR, UM, THE APPLICANT IN TERMS OF CREATING A SAFE PLACE TO PULL IN AND OUT OF THE, THE DRIVEWAY WITHOUT, AGAIN, BEING SUBJECT TO ONCOMING TRAFFIC? UM, WHAT, WHAT IS AN ALTERNATIVE, UH, TO THEM? I MEAN, THIS SEEMS LIKE IT'S A GOOD ALTERNATIVE BECAUSE IT ALLOWS A TURNAROUND 
          [01:50:01]
SPACE, BUT WHAT, WHAT COULD THEY DO? SO IT'D BEING A LOCAL STREET, IT'D BE NO DIFFERENT THAN ANY OTHER RESIDENT WITH A DRIVE-IN, UH, A DRIVEWAY. 
          UH, THIS ACTUALLY IS INTENDED TO PARK TWO VEHICLES, SO IT WOULD NEVER BE TECHNICALLY USED AS A TURNAROUND WITH A SECOND VEHICLE PARKED IN THAT RIBBON. 
          THAT WAS THE APPLICANT'S INTENT WAS TO GET A SECOND VEHICLE IN THERE. 
          BUT IT'D BE NO DIFFERENT THAN ANY OTHER RESIDENT WITH A LOCAL STREET, UM, YOU KNOW, DRIVING IN AND OUT OF THEIR DRIVEWAY. 
          WELL, I GUESS MY QUESTION IS, BASED UPON THE SURROUNDING BUILDINGS THAT LOOK TO BE COMMERCIAL, IS IT TRULY JUST A LOCAL STREET? YES, MA'AM, IT IS. 
          UM, THAT SPECIFIC AREA IS MORE RESIDENTIAL IN NATURE ACROSS THE TRACKS YOU HAVE YOUR INDUSTRIAL, UH, BUT THEY HEAD OUT THE OTHER WAY, BUT ULTIMATELY IT IS SERVING AS A LOCAL. 
          UM, AND AS FAR AS THIS TURNAROUND, AS I, AS I MENTIONED, THE APPLICANTS INTENT TO HAVE A VEHICLE PARKED ON IT ON A REGULAR BASIS, SO IT WOULDN'T SERVE AS A TURNAROUND FOR THEIR PURPOSE. 
          OKAY. 
          SO I GUESS A FOLLOW UP QUESTION, SO IF THEY WERE THOSE STRIPS, IF THEY WERE TO MAKE THOSE, UM, COULD THEY MAKE IT AN IMPERVIOUS SURFACE LIKE ROCKS OR CRUSH, CRUSH GRANITE AND, AND THEN BE ABLE TO USE THAT OR, OR NOT? IT WOULD STILL BE IN VIOLATION. 
          ULTIMATELY, THE N C D STANDARDS IS TRYING TO LIMIT THE DRIVEWAY WIDTH IN GENERAL. 
          UH, SO EVEN USING PERVIOUS MATERIAL, UH, IT WOULD STILL BE CONSIDERED A DRIVEWAY AS PER THE STANDARDS. 
          OKAY. 
          THANK YOU. 
          ANYONE ELSE? MANNA FISHER, COMMISSIONER, MANNA AND FISHER. 
          SO, UM, SO JUST AS A NOTE, UH, DRIVE AROUND ON GOOGLE. 
          THERE'S LOTS OF HOMES WITH A FENCE, UH, IN FRONT OF THE DRIVEWAY, SO THAT DOESN'T LOOK UNCHARACTERISTIC FOR THIS COMMUNITY. 
          UM, THIS QUESTION GOES TO THE CITY, SO, SO, SO A PARKING PAD, YOU KNOW, 'CAUSE THAT'S WHAT I WOULD CONSIDER THE SPACE THAT THEY HAVE TO THE RIGHT HERE. 
          UM, YOU KNOW, SO THAT SOUNDS LIKE A, A PARKING PAD. 
          THE CITY WOULD CONSIDER ADDING TO THE DRIVEWAY WIDTH. 
          UM, AND SO THE QUESTION WOULD BE IF THIS WAS A CIRCULAR DRIVEWAY AND THE DRIVEWAY WENT TO THE OTHER SIDE OF THE PROPERTY, WOULD YOUR DRIVEWAY NOW BE CONSIDERED, YOU KNOW, THE FULL WIDTH OF HOWEVER LONG THAT, THAT CIRCULAR, THAT CIRCULAR DRIVEWAY WOULD BE? 'CAUSE I DON'T RECALL HEARING THAT PRIOR DISCUSSION. 
          SO THEY'RE TRYING TO DIFFERENTIATE HOW THIS PARKING PAD, BECAUSE PART OF THE DRIVEWAY, AND IT DOESN'T MAKE SENSE TO ME. 
          SO THE LIMIT WITH THE DRIVEWAY TALKS ABOUT THE LIMIT TO CURB CUT PER, PER LOTS AT 15 FEET, AS WELL AS THE LIMIT TO DRIVEWAY WITH OF 12, UH, FOR THE DRIVEWAY. 
          UH, WE'RE CHECKING NOW TO SEE IF THIS SPECIFIC N C D HAS A LIMIT THE NUMBER OF CURB CUTS PER DRIVEWAY OR PER LOT. 
          UM, I SHOULD GET YOU THAT IN A SHORT SECOND HERE. 
          LET'S SEE. 
          THERE IT GOES. 
          IT'S ONE, YOU'RE LIMITED TO ONE PER LOT. 
          OKAY. 
          AND THEY HAVE, BUT THEY DO HAVE ONE CURB. 
          I'M GOING TO, I HAVE TO, I HAVE TO JUMP IN HERE. 
          THEY DO HAVE ONE CURB CUT THAT'S LESS THAN 15 FEET AND BEYOND THE CURB CUT. 
          THE ISSUE BEFORE US IS WHETHER OR NOT IF THE DRIVEWAY CHANGES DIRECTIONS, WHETHER WE'RE ADDING THAT TO THE WIDTH OR IS IT JUST ANOTHER LENGTH COMPONENT? IT, YOU KNOW, THAT, THAT SEEMS INTERPRETIVE BY EITHER THE CITY OR THE BOARD. 
          AND I, I JUST HAD TO, I JUST HAD TO BRING THAT UP. 
          SO BACK TO COMMISSION NANA. 
          YEAH. 
          AND, AND THEN, YOU KNOW, GOING BACK TO THE QUESTION OF IF IT HAD BEEN A CIRCULAR, I'VE NEVER HEARD WHERE THE CIRCULAR WAS THE ENTIRE WIDTH OF THE DRIVEWAY, YOU KNOW, BECAUSE THAT'S, IT SEEMS WHAT WE'RE APPLYING HERE IS BECAUSE, YOU KNOW, UM, IF IT WAS TO ALLOW FOR A SECOND CUT THAT THIS PROPERTY, THE, THE DRIVEWAY WOULD BE THE ENTIRE WIDTH OF THE FRONT YARD OR THE PRIOR WIDTH OF THAT, THAT CIRCULAR DRIVEWAY. 
          SO, SO IT SEEMS LIKE A PARKING PAD, YOU KNOW, TO ME WOULD NOT BE, SHOULD NOT BE CONSIDERED PART OF THE DRIVEWAY CURB. 
          AND SO I'M, I'M HAVING PROBLEMS, I GUESS, UNDERSTANDING HOW THAT, THAT CAN BE APPLIED TO THE, THE WIDTH OF THE DRIVEWAY. 
          SO I, I, THAT'S ALL I HAD, OR JUST A POINT. 
          THANK YOU. 
          OKAY. 
          COMMISSIONER FISHER? UH, YES, THIS IS FOR STAFF. 
          UH, I JUST WANT TO HAVE SOME HISTORICAL PERSPECTIVE ON THIS HOUSE AS FAR AS I CAN, UH, DETERMINE FROM THE INFORMATION YOU'VE GIVEN, THE, THE PREVIOUS HOUSE WAS, UH, DAMAGED BY, BY A TRAIN, IS THAT CORRECT? THAT IS CORRECT, YES, MA'AM. 
          IT WAS AN ACCESSORY DWELLING ORIGINALLY. 
          AND THEN, OKAY. 
          AT SOME POINT IT WAS SPLIT OFF AND I BELIEVE IT WAS 2006 
          [01:55:01]
OR OH SEVEN WHERE THAT HOME WAS, UM, DEMOLISHED BY A TRAIN DERAILMENT. 
          UM OKAY. 
          VACANT. 
          IT'S BEEN VACANT SINCE THAT POINT. 
          OKAY. 
          HAS THAT AREA BEEN, OR IS THERE BEING IMPROVED THE RAIL LINE TO PREVENT SOMETHING LIKE THAT TO REOCCUR? I BELIEVE IT WAS, I, I DON'T KNOW THAT'S GONNA BE UNION PACIFIC ULTIMATELY, BUT IF I READ THAT, I READ THE ARTICLE CORRECTLY, UM, THERE WAS SOME SORT OF HUMAN ERROR. 
          UM, BUT THAT WAS RIGHT. 
          OKAY. 
          ALRIGHT. 
          AND, AND THE ONLY OTHER COMMENT I HAD IS BEACON HILL, IF I REMEMBER CORRECTLY, HAD HAD A, UH, SIGNIFICANT ISSUE WITH TRAIN NOISE, UM, IN THEIR, THEIR ADJACENT PROPERTIES. 
          AND, AND, UM, I'M NOT QUITE SURE WHAT HAPPENED TO THAT. 
          UM, IS THERE BEEN SOME AMENDMENT THAT PREVENTS TRAINS FROM, UM, MAKING NOISE IN THIS AREA? SO YOU'RE REFERRING TO QUIET ZONE, WHICH, RIGHT. 
          I DON'T KNOW IF THERE'S BEEN, UM, ANY REVIEW OF THIS AREA SPECIFICALLY. 
          UH, BUT THIS RAIL LINE ACTUALLY SEPARATES BEACON HILL WITH ALTA VISTA. 
          UM, SO OKAY. 
          IT CUT RIGHT IN THE MIDDLE. 
          SO THAT IS THEIR BOUNDARIES, UH, BETWEEN THE ASSOCIATIONS, BUT AS TO QUIET ZONE, THAT INFORMATION, WE DON'T HAVE, UM MM-HMM. 
          , I, I DON'T KNOW THAT I'VE HEARD, HEARD ANYTHING ABOUT THEM, YOU KNOW, ADDING A QUIET ZONE, THIS AREA. 
          OKAY. 
          UM, I WOULD IMAGINE THAT I, I AM PLEASED TO HEAR THAT THE, UH, HOMEOWNERS ASSOCIATION HAS REVIEWED, UM, THE PLANS AND, AND APPROVED IT. 
          THAT GIVES ME SOME ENCOURAGING SUPPORT WITH THAT. 
          THANK YOU. 
          THE ASSOCIATIONS THAT RESPONDED WERE THE ADJACENT NEIGHBORHOOD ASSOCIATIONS? UH, THEY WERE . 
          OKAY. 
          IT WAS THE, RIGHT, SO WE NEVER HEARD BACK FROM BEACON HILL SPECIFICALLY. 
          OKAY. 
          THANK YOU. 
          THANK YOU. 
          UH, ANYONE ELSE? MICHELLE, COMMISSIONER MICHELLE? UM, UH, BEFORE I ASK MY QUESTION, I JUST WANTED TO, UH, CLARIFY FOR MS. FISHER. 
          UH, I DO BELIEVE BEACON HILL IS IN A QUIET ZONE, UM, IN THAT PART OF THE NEIGHBORHOOD, THIS AREA ALSO, UH, STAFF, COULD YOU SCROLL DOWN A LITTLE BIT SO WE COULD SEE THE BOTTOM OF THAT DRIVEWAYS AND CURBS, UM, RIGHT THERE. 
          STOP. 
          IT SAYS, UH, DRIVEWAYS MUST LEAD TO THE REAR OF THE PROPERTY. 
          UM, AND I THINK THAT FOR ME IS, UH, KIND OF POINTING TOWARD, LIKE, I KNOW, I KNOW WE'RE KIND OF TRYING TO DECIDE IF THIS IS A CIRCULAR DRIVEWAY WITH THIS OR A PARKING PAD SITUATION, BUT, UM, I KNOW IT'S VERY TYPICAL IN BEACON HILL FOR THE DRIVEWAYS TO GO STRAIGHT BACK. 
          IT'S ALSO TYPICAL FOR THERE NOT TO BE A TURNAROUND AND PEOPLE TO JUST PULL OUT ONTO THEIR STREET. 
          UM, THIS NEIGHBORHOOD IS THE NEIGHBORHOOD NEXT TO MINE, SO I DRIVE THROUGH IT ALL THE TIME. 
          UM, I DID HAVE A QUESTION ABOUT THE FENCE MATERIAL. 
          I WAS LOOKING AT THIS IN CD AND, UM, IT DOES SAY THAT, UH, UM, CHAIN LINK IS PROHIBITED. 
          UM, AND SO I JUST WAS, I WAS LOOKING AT THE, AT THE MOTION AND I'M, I GUESS I NEED SOME CLARIFICATION BECAUSE, UM, THE APPLICANT IS ASKING FOR A STEEL FENCE. 
          UM, BUT THEN THE MOTION IS SAYING THAT IF HE DOESN'T GET THE STEEL FENCE, THEN HE HAS TO DO CHAIN LINK, BUT CHAIN LINK IS PROHIBITED BY THE N C D. 
          CAN, CAN STAFF JUST PROVIDE SOME CLARIFICATION ON THAT? THANK YOU. 
          SO JUST TO CLARIFY, A FRONT YARD FENCE IS NOT REQUIRED. 
          SO, UM, A CHAIN LINK IN THE FRONT YARD IS PROHIBITED. 
          SO TECHNICALLY IF HE IS NOT APPROVED FOR THE METAL FENCE, THEN HE WOULD NOT BE ALLOWED TO DO A FRONT YARD FENCE AT ALL BECAUSE HE CANNOT DO, UH, A CYCLONE FENCE TO MATCH THE SIDE YARD IN A FRONT YARD. 
          OKAY. 
          THANK YOU. 
          THAT WAS, THAT ANSWERS MY QUESTION. 
          UH, UH, I, I HAVE A FOLLOW UP TO THAT. 
          IS, IS THAT BECAUSE IT'S, YOU'RE CONSIDERING IT A CORNER LOT OR IS THAT BECAUSE THE N C D JUST DOES NOT ALLOW, UH, UH, STEEL FENCING AT ALL IN THE FRONT YARD? SO THE N C D DOES NOT ALLOW, UH, CYCLONE FENCING IN THE FRONT YARD. 
          THIS IS THE APPLICANT'S FRONT YARD THAT THE NCD SAYS THAT IF YOU'RE GOING TO DO A FRONT YARD FENCE, YOU HAVE TO MATCH, UH, THE ABUTTING PROPERTY MATERIAL. 
          AND SO BECAUSE THE ABUTTING PROPERTY, 
          [02:00:01]
A MATERIAL OR, OR THEIR YARD IS THE SIDE YARD, THEY HAVE A CYCLONE FENCE. 
          SO IT, AND, AND THE WHOLE POINT IS TO CREATE THIS BLOCK, FACE THE STREET PERSPECTIVE THAT IS A ALIGNED AND ALIKE. 
          AND SO BECAUSE IT'S THEIR FRONT YARD, THEY CANNOT DO CYCLONE FENCING IN THE FRONT YARD. 
          AND HOW DOES A CORNER LOT COME INTO THIS? 'CAUSE THAT'S ON ITEM NUMBER THREE, UH, BECAUSE IT IS, IT, IT'S ABOUT HAVING FENCE IN HIS FRONT YARD. 
          THAT'S WHAT THIS IS ABOUT. 
          OKAY. 
          I, I GOT, UH, MAY I CHIME IN? YES. 
          UM, PABLO HERE AGAIN, UM, ACROSS THE WAY WE HAVE AN ABANDONED, YOU KNOW, LOT OWNED BY SAWS OR C P S, YOU KNOW, AND, AND THAT THAT RIGHT THERE IS BARBED WIRE AND, AND, AND A TALL CHAIN LINK FENCE. 
          AND THEN WE HAVE ACROSS THE TRACKS A BUILDING, UM, YOU KNOW, WHERE THAT FENCE, YOU KNOW, A BUT TO, UM, I, I DON'T SEE WHY WE WOULD EVER GO BACK WITH THAT CHAIN LINK BIN. 
          OKAY. 
          WHEN WE, WHEN WE COULD HAVE, UM, BASICALLY A, UH, THE, THE REASON FOR THE, UH, SEAL BIN. 
          WELL, SIR, SIR, WE'RE, WE'RE, WE'RE GETTING BEYOND OUR, MY LINE OF QUESTIONING. 
          I I, BUT THANK YOU FOR THAT BRINGING UP WHAT'S HAPPENING ACROSS THE STREET. 
          WE'RE GONNA GO BACK TO, I HAVE SOME MORE QUESTIONS, UH, FOR STAFF. 
          OKAY. 
          UH, STAFF IN THE U V C UNDER, UNDER LOT CORNER LOT, UH, THEY, THEY, UH, THEY DEFINE THAT AS, AS BEING A, UH, LET'S SEE, A LOT OR PARCEL OF LAND ABUTTING UPON TWO OR MORE STREETS AT THEIR INTERSECTION. 
          AND WE, I HEARD DURING THE PRESENTATION THAT YOU CAN SIT IN THE RAILROAD RIGHT AWAY, SIMILAR TO THE STREET, BUT WHEN I LOOK AT, WHEN I'M LOOKING AT, UH, GOOGLE STREET MAP, WHAT I'M SEEING IS, UH, A ELECTRIC TRANSMISSION LINE AND THEN THE RAILROAD. 
          AND TO ME IT LOOKS LIKE THERE, THERE COULD BE, UH, LIKE A CT S RIGHT OF WAY THERE. 
          AND THEN, UM, A RAILROAD RIGHT OF WAY, WHICH IS NOT PUBLIC RIGHT OF WAY. 
          I MEAN, THE RAILROAD RIGHT OF WAY IS PRIVATELY OWNED BY UNION SPECIFIC. 
          SO IS IT, IS IT APPROPRIATE TO CONSIDER IT A CORNER LOT BASED ON THE DEFINITION, UH, OF BY HAVING TO ABUT TWO STREETS IN THE U D C? SO WHETHER THIS IS DEFINED AS A CORNER LOT OR NOT, THE ISSUE IS ABOUT THEIR FRONT YARD FENCING. 
          OKAY. 
          SO HE, HE CANNOT DO A, A CYCLONE FENCE IN THE FRONT YARD, WHETHER YOU CONSIDER THE RAILROAD A CORNER LOT OR NOT, IT'S THE STREET FACING FENCE, WHICH IS THEIR FRONT YARD FENCE. 
          SO THAT ESSENTIALLY WHAT WE'RE ABOUT, IS THERE AN APPROVED VARIANCE FOR THE PUBLICLY OWNED LOT ACROSS THE STREET? WE'RE CHECKING TO MAKE SURE WHETHER OR NOT IT'S IN THE BOUNDARY OF THE N C V. 
          OKAY. 
          AND I, WE WILL SAY THAT THERE PROBABLY ARE SOME GRANDFATHER TYPE FENCING, UM, IN, IN YARDS. 
          SO YOU HAVE TO REMEMBER THAT WHEN THIS, UH, N C D WAS DEVELOPED, IT CREATED NON-CONFORMING, UM, FOR MATERIALS OR, OR IN DIFFERENT, DEPENDING UPON THE STANDARDS. 
          SO, BUT THEY WEREN'T ASKED TO COMPLY OR COME INTO COMPLIANCE WITH THE APPROVAL OF THE N C D. 
          OKAY. 
          UH, WHILE WE'RE WAITING, IS THERE ANY OTHER COMMISSIONER QUESTIONS? MANNA COMMISSIONER MANNA? THE QUESTION IS FOR THE APPLICANT. 
          AND SO, UM, SO ARE THERE ANY PARTICULAR HARDSHIPS THAT, THAT YOU COULD IDENTIFY THAT WOULD WARRANT THE, UH, CREATION OF FENCE IN THE FRONT YARD? UM, MY HARDSHIP, UH, JUST, JUST FOR SAFETY AND FAMILY AND THAT'S, YOU KNOW, KEEP, KEEP CONTAINED. 
          I, I AS JUST, I DON'T HAVE, UH, UH, FOR CLIENT, WE DON'T HAVE MUCH OF A BACKYARD, UM, THAT, THAT BACKYARD IS FOR A DOG SIDE YARD IS, YOU KNOW, IS HOPEFULLY FOR A PLAYGROUND FOR CHILDREN. 
          WE, WE DON'T HAVE MUCH THERE. 
          OKAY. 
          THANK YOU MICHELLE. 
          MS. MICHELLE, UM, FOR THE APPLICANT, DO YOU, SO WHEN YOU SAY A STEEL FENCE, WHAT ARE YOU, UM, WHAT EXACTLY ARE YOU PROPOSING? LIKE A PREDOMINANTLY OPEN FENCE? LIKE CAN YOU, UH, GIMME AN IDEA OF WHAT YOU'RE PROPOSING? OKAY. 
          [02:05:01]
UH, YES. 
          AND, AND I THOUGHT, UH, FROM ALL THE QUESTIONS I HAD TO ANSWER UP TO THIS POINT THAT THAT IS IDENTIFIED, I, I WANT TO GIVE MY, UH, SPECIFIC, UH, RESPONSE THAT I SENT BACK APRIL 28TH. 
          UM, SO IT WAS ASKED CLARIFY WITH STEEL FENCE, AND I SAID THE PROPOSED FENCE IS TO BE STEEL POST WITH RECTILINEAR RANCH WIRE. 
          OKAY. 
          UH, SIMILAR THAT YOU WOULD SEE DONE AT THE PUB WITH, WITH THE LANDSCAPE GROW GROWING ON THE, ON, ON THE RAMP. 
          OKAY. 
          THANK YOU. 
          TRYING TO CREATE PRIVACY AND, AND, UH, YOU KNOW, AND SAFETY. 
          OKAY. 
          UH, STAFF, IS THAT MATERIAL ALLOWED BY THE N C V? THAT'S SOMETHING LIKE CATTLE PANEL, WHICH IF THAT'S THE CASE, LIKE HOG WIRE YEAH. 
          IF THAT'S THE CASE, THEN THAT, YEAH, THAT IS ALLOWED BY THE N C D ITSELF. 
          AND TO ANSWER THE QUESTION ABOUT THE FENCE ACROSS THE STREET, UH, THAT I'M LOOKING AT IMAGES FROM 2007, IT'S BEEN THERE PROBABLY BEFORE THE N C D WAS EVEN CREATED. 
          OKAY. 
          UH, SO IF, UM, I HAVE A, I HAVE ANOTHER QUESTION. 
          STAFF HICKMAN ROAD IN FRONT OF THIS APPLICANT'S HOME OR LOT IS SO NARROW. 
          UH, I DON'T, I DIDN'T NOTICE ON GOOGLE MAPS ANY NO PARKING SIGNS, BUT I I IS IT A VIOLATION OF CODE TO EVEN PARK IN THE STREET AT ALL AT THIS LOCATION? IF IT'S A PUBLIC STREET AND THERE ARE NO, UH, THERE ARE NO VISIBLE NO PARKING SIGNS, THEN PARKING ON THE STREET IS ALLOWED. 
          SO EVEN IF THE STREET'S ONLY LIKE 19 FEET WIDE AND, AND THERE'S A, A YELLOW LINE DELINEATING TWO-WAY TRAFFIC, YOU CAN, YOU CAN COMPLETELY BLOCK THE ENTIRE LANE. 
          UM, YOU, I MEAN, YES, YOU COULD PARK ON THE PUBLIC STREET, UM, BECAUSE IT IS A LOCAL STREET, IT WAS, UH, THE SPEED LIMIT IS, UM, HELPED TO MINIMIZE THOSE PROBLEMS SO PEOPLE CAN DRIVE AROUND THAT CAR THAT IS PARKED THERE. 
          OKAY. 
          I, I, I MEAN THIS STREET IS SO NARROW, I JUST, I DON'T EVEN THINK IT POSSIBLY MEETS THE, UH, THE STREET WIDTH REQUIREMENT AND, AND, AND U G C 5 0 6, I, I JUST, I WAS JUST WONDERING, I I JUST ODD THAT THERE WAS NO, NO PARKING SIGNS. 
          THERE'S ONE ON THE OTHER, OTHER SIDE OF THE TRACKS, BUT NOT, NOT HERE. 
          OKAY. 
          UH, WELL, IF THERE'S NO OTHER QUESTIONS, I'D LIKE TO GIVE THE APPLICANT A, A BRIEF MOMENT TO PROVIDE ANY ADDITIONAL INFORMATION OR MAKE ANY CLOSING REMARKS BEFORE WE DELIBERATE ANYONE ELSE? NO. 
          UH, SO THE, UH, FOR THE APPLICANT, YOU HAVE UP TO THREE MINUTES IF YOU'D LIKE TO PROVIDE ANY CLOSING REMARKS BEFORE WE, UH, ENTER INTO DELIBERATION ON THIS CASE. 
          OKAY. 
          UM, NOTHING, NOTHING PRESENTLY TO OKAY. 
          NO, THAT'S FINE. 
          WE COMPLETELY FINE THESE STEEL FENCES AND, AND THAT GATE IS THE, UM, REALLY THE ONLY THINGS THAT, UM, YEAH, WE DON'T HAVE MUCH SPACE. 
          UH, CAN'T HAVE MUCH GUESS WE WE'RE JUST ONE PERSON LIVING HERE AND LOOKING AT IT THEMSELVES IN THE MIRROR. 
          YES, SIR. 
          SO, UH, WITH THAT, IS THERE A COMMISSIONER LIKE TO MAKE A MOTION ON THIS? SHALL COMMISSIONER SHELL, UM, I'M GONNA TRY TO NOT MESS THIS UP. 
          UM, OKAY. 
          REGARDING CASE NUMBER BO O A 21 1 0 3 0 0 0 3 4, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A SEVEN FOOT, ONE INCH VARIANCE TO THE REQUIRED 20 FOOT N CD FIVE FOOT N C D FIVE FRONT SETBACK TO ALLOW A 12 FOOT, 11 INCH FRONT SETBACK SITUATED AT 2 0 1 HICKMAN STREET. 
          APPLICANT BEING SMALL HOUSE SOLUTIONS, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. 
          SPECIFICALLY, WE FIND THAT THE VARIANCE IS THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. 
          THE SIZE OF THE LOT PREVENTS CERTAIN N C D STANDARDS FROM BEING ABIDED BY IF A SINGLE FAMILY RESIDENCE IS BUILT ON IT, UH, TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. 
          LITERAL ENFORCEMENT OF THE FRONT SETBACK WOULD CREATE AN INCONSISTENT SETBACK ALONG THE BLOCK TRACE. 
          THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE 
          [02:10:01]
OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. 
          THE VARIANCE TO THE FRONT SETBACK OBSERVES THE SPIRIT OF THE ORDINANCE IN RELATION TO THE SIZE OF THE LOT. 
          WHILE, LET'S SEE, 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 OTHER USES THAN THOSE PERMITTED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. 
          FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. 
          IF GRANTED, THE FRONT SET PACK VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. 
          WITH THE PROPERTY BEING 24 30 SQUARE FEET AND THE ONLY PROPERTY ON ITS BLOCK FACE, THE ESSENTIAL CHARACTER WILL REMAIN SIX. 
          THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES ON THE PROPERTY. 
          AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RE DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. 
          STAFF FINDS THAT WITH THE SIZE OF THE LOT AND BEING THE ONLY RESIDENTIAL HOME ON THE BLOCK FACE, THE VARIANCE SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES AND NOT MERELY FINANCIAL END OF MOTION. 
          IS THERE A SECOND? TEAL SECOND. 
          YOU HAVE A MOTION AND A SECOND. 
          UH, WE'RE GONNA START DISCUSSION. 
          UH, AND, UH, SO COMMISSIONER SHELL, UH, YES, I, UM, SUPPORT THE  TO THE FRONT STEPBACK. 
          UM, I THINK THAT THAT MAKES SENSE FOR THIS LOT. 
          UM, IT'S GREAT TO SEE THAT SOMETHING'S GETTING BUILT HERE. 
          UM, I DO NOT SUPPORT THE REQUEST FOR THE OTHER VARIANCES, UM, TO THE FENCE AND THE DRIVEWAY AND THE GATE SINCE THOSE ARE ALL AGAINST THE N C D STANDARDS FOR THIS NEIGHBORHOOD. 
          UM, I THINK THAT, UH, UH, THE PROPERTY CAN BE DEVELOPED WITHOUT THOSE VARIANCES, UM, IN A WAY THAT IS GONNA CONFORM TO THE NEIGHBORHOOD AND BE A GOOD FIT. 
          THANK YOU. 
          OKAY. 
          COMMISSIONER THIEL. 
          I'M IN AGREEMENT WITH CO COMMISSIONER SHELL ON THIS. 
          UM, YOU KNOW, IT IS DEFINITELY A UNIQUE SITE AND I THINK GRANTING THE SETBACK VARIANCE IS PROBABLY THE MOST IMPORTANT THING IN GETTING THIS, THIS PROJECT BUILT. 
          SOME OF THE OTHER THINGS APPEARED TO BE MORE AESTHETIC IN NATURE OR MAYBE A DESIRE AND, UH, DID NOT FIT THE N C D. 
          AND SO, UH, YOU KNOW, WE WOULD LIKE TO SUPPORT THAT. 
          SO I, I'LL BE VOTE VOTING IN FAVOR OF MOTION AS WRITTEN. 
          OKAY. 
          UH, I WANT TO CHIME IN HERE. 
          I, I, I PERSONALLY FEEL THAT THE ITEM NUMBER FOUR, ALLOWING THEM TO HAVE A DRIVEWAY, AND I DON'T AGREE THAT IT'S A WIDTH BY THE WAY OF 32 FEET. 
          I, BUT I THINK THAT AS PRESENTED ON THE SIDE PLAN, HAVING THE ABILITY TO HAVE THAT EXTRA PARKING SPACE WHEN THAT IT IS COMPLETELY, UM, UNSAFE TO EVEN ATTEMPT TO PARK IN THE STREET ANYWHERE NEARBY THIS HOME, UH, I THINK IS, IS IS REALLY IMPORTANT. 
          AND I, I WOULD, I'M ASKING FOR, UH, ANYONE, UH, IF THEY FEEL THE SAME WAY TO, UH, PLEASE CHIME IN. 
          SO IF THEY WOULD SUPPORT THE AMENDMENT, CRUZ, COMMISSIONER CRUZ. 
          UM, SO THAT WOULD BE, THAT WE WOULD, UH, LEAVE IT WITH, UH, ONE AND FOUR AND ADMIT TWO AND THREE. 
          YES. 
          YES. 
          I CAN SECOND THAT. 
          OKAY. 
          SO I'M GONNA, I MOVE TO AMEND THE, UH, TO AMEND THE MOTION TO ADD ITEM NUMBER FOUR, A 20 FOOT VARIANCE TO THE 12 FOOT N C D DRIVEWAY. 
          MAXIMUM WIDTH WILL ALLOW A DRIVEWAY WITH A 32 FEET, THE, UH, WITHIN THE LOT ONLY. 
          UM, AND THE COMMISSIONER CRUZ IS A SECOND. 
          UH, ANY DISCUSSION SHALL COMMISSIONER? SHE, UH, YES. 
          I DO NOT SUPPORT THAT. 
          AND THE REASON IS BECAUSE THE LOT IS SO SMALL THAT ESSENTIALLY TAKES THE ENTIRE FRONT YARD, UH, TO PARKING, UM, THAT COULD POSSIBLY CREATE A DRAINAGE ISSUE. 
          AND IN ADDITION, IT, IT REALLY JUST LOOKS LIKE A CAR PA PARKED ON THE FRONT YARD IN FRONT OF THE HOUSE, WHICH I KNOW IS SOMETHING THAT N C D IS LIKELY TRYING TO AVOID. 
          OKAY. 
          UH, IS THERE ANY, UH, ANY OTHER COMMISSIONERS WOULD LIKE TO COMMENT ON THE PROPOSED AMENDMENT? OH, . 
          I'D SUPPORT THE AMENDMENT JUST BASED ON A SAFETY ISSUE. 
          I THINK YOU CAN MAKE IT AESTHETICALLY, UH, PLEASING TO, UH, HAVE THE DRIVEWAY IN THE FRONT WITH SOME MATERIALS. 
          AND I THINK IT, THE SAFETY ISSUE SAFETY AS WELL. 
          SO I, I WOULD SUPPORT THE AMENDED MOTION. 
          OKAY. 
          ANYONE ELSE? BRAGMAN COMMISSIONER BRAGMAN? UM, I AGREE WITH THE COMMISSIONER OZUNA. 
          I THINK THAT THERE'S A WAY TO MAKE IT AESTHETICALLY PLEASING. 
          YOU CAN DO A PERVIOUS SURFACE, LIKE I SAID, WITH ROCKS 
          [02:15:01]
OR CRUSH GRANITE AND, UM, BUT I, I FEAR FOR THE APPLICANT'S SAFETY AS WELL, GIVEN HOW NARROW THAT STREET IS, IT'S RIGHT NEXT TO A TRAIL, UH, RAILROAD TRACKS THAT DESTROYED THE HOUSE ONCE ALREADY. 
          UM, SO, UH, I'LL BE IN SUPPORT OF THE AMENDMENT. 
          OKAY. 
          ANYONE ELSE? MIN CHAKA. 
          COMMISSIONER MIN CHAKA. 
          I AGREE WITH MY COLLEAGUES THERE. 
          UH, THE LIMITED SPACE AND, UH, MEASURING THE THING BACK AND FORTH AND SIDEWAYS, UH, I HAVE TO AGREE WITH 'EM, SO I WILL SUPPORT THE AMENDMENT. 
          OKAY. 
          ANYONE ELSE? ALRIGHT, UM, SO WE HAVE AMENDMENT BEFORE US, UH, TO ADD ITEM NUMBER FOUR. 
          AND, AND I DID READ IT TO BE, UM, YOU KNOW, AS PRESENTED IN THE SIDE PLAN AND, AND, YOU KNOW, WITHIN THE LOT. 
          SO WE'RE NOT TRYING TO, WE'RE NOT TRYING TO GIVE A VARIANCE TO ALLOW A 30 FOOT, 32 FOOT WIDE CURB CUT. 
          THE CURB CUT REMAINS AS, AS 12 FEET AS IN THE SIDE PLAN, BUT THAT'S THE AMENDMENT BEFORE A STAFF. 
          PLEASE TAKE A ROLL CALL. 
          VOTE MS. SHE, UH, BEFORE I VOTE, JUST TO CLARIFY, WE'RE VOTING JUST ON THE AMENDMENT? YES, CORRECT? THAT'S CORRECT. 
          I VOTE NO THANK YOU. 
          OKAY. 
          ALL RIGHT. 
          MR. MINKA. 
          MSGA, I APPROVE. 
          OKAY. 
          MS. CRUZ? YES, I CONCUR. 
          MR. MANNA, I APPROVE THE AMENDMENT. 
          MS. BREGMAN? YES, I SUPPORT THE AMENDMENT. 
          MR. GILMER? I CONCUR. 
          MS. FISHER? YES, I SUPPORT THE AMENDMENT. 
          MR. KE? YES. 
          MR. UNA? YES. 
          I SUPPORT IT. 
          AND CHAIR ORIAN AND I SUPPORT THE AMENDMENT. 
          MOTION PASSES IS NINE TO ONE. 
          WE MOVE ON TO THE MAIN MOTION, WHICH IS ITEM NUMBER ONE AND ITEM NUMBER FOUR AS REFLECTED IN THE SIDE PLAN REGARDING THE DRYWALL. 
          MAY I PLEASE TAKE A ROLL CALL VOTE MICHELLE. 
          YES, I CONCUR. 
          MR. MANCHACA? I CONCUR. 
          MS. CRUZ? YES, I CONCUR. 
          MRNA, I CONCUR WITH THE FINDINGS OF THE FACT. 
          MS. BREGMAN? YES, I CONCUR. 
          MR. DAHMER? YES, I CONCUR. 
          MS. FISHER? YES, I CONCUR. 
          MR. TEEL? YES, I CONCUR. 
          ALL RIGHT, MR. UNA? YES, I CONCUR AND SHARE ORION AND I ALSO CONCUR. 
          MOTION PASSES UNANIMOUSLY. 
          UM, WITH THAT, I'M GONNA CALL FOR A SEVEN MINUTE BREAK BEFORE WE MOVE ON TO THE NEXT CASE. 
          HOPE TO SEE EVERYBODY BACK AT 3 25, PLEASE. 
          ALL RIGHT, SIR, WE ARE LIVE NOW. 
          ALL RIGHT. 
          UH, SO WE, UH, IT'S UH, 3 28, UM, CALLING THE MEETING BACK TO ORDER. 
          UM, 
          [4. 21-4167 BOA-21-10300048]
WE HAVE CASE, UH, B UH, BO, O A 21 1 0 3 TRIPLE 0 48. 
          NEXT. 
          OKAY, SIR, THE ADDRESS IS 42 11 CLEAR LAKE DRIVE COUNCIL, DISTRICT 10. 
          APPLICANT IS PRIME HOMES TO REQUEST FOR A FOUR FOOT 11 INCH VARIANCE. 
          THE REQUESTED FIVE FOOT SIDE SETBACK AS REQUIRED AND TABLE THREE 10 TO ALLOW A ONE INCH SIDE SETBACK FOR A SINGLE FAMILY DWELLING. 
          KEONE IS R FIVE A H O D. 
          SUBJECT PROPERTY IS LOCATED NEAR THE CORNER OF CLEAR LAKE DRIVE AND SCARSDALE STREET. 
          IT'S NOT FAR FROM THOUSAND OAKS. 
          THE APPLICANT IS SEEKING TO BUILD A SINGLE FAMILY HOME ON AN EXISTING FOUNDATION WITH A SIDE SETBACK OF ONE INCH FROM THE BUDDING WEST PROPERTY. 
          IN 1972, THE PROPERTY WAS PLATTED AS A PLANNED UNIT DEVELOPMENT, BUT IN 1979 THERE'S A VACATING PLAT, UH, THAT REMOVED THIS AREA, UH, FROM ANY LANGUAGE WITH ZERO LOT LINE DEVELOPMENT. 
          THERE WERE DEED RESTRICTIONS THAT WE DID FIND FROM THE SAME TIMEFRAME, UH, THAT WERE FOUND. 
          UM, THAT MENTIONED ZERO LOT LINE DEVELOPMENT AS PATIO HOMES, WHICH IS A SHARED WALL. 
          IT ALSO IDENTIFIED WITHIN THOSE DEED RESTRICTIONS THAT THEY WOULD BE A FOUR FOOT FIVE INCH EASEMENT, UH, WITH OVERHANGS ON THE NEIGHBORING LOTS. 
          AS I MENTIONED, UM, THE, THE VACATING PLAT DID COME IN AFTER THAT, WHICH REMOVED ALL OF THAT LANGUAGE. 
          HOWEVER, THE NEIGHBORHOOD WAS BUILT IN 1980 AND 81 WITH ZERO LOT LINE. 
          SO AS BEFORE, WE'RE HAVING THAT ISSUE WHERE IT'S HARD TO TO IDENTIFY HOW THEY'RE BUILT AS SINGLE FAMILY HOMES AND NOT TOWN HOME STYLE, BUT THEY WERE ALL BUILT WITH ZERO LOT LINE. 
          UH, THE BUDDING STRUCTURE DOES HAVE AN EIGHT FOOT, UH, 10 INCH SIDE SETBACK ON THE SIDE YARD, 
          [02:20:01]
UH, OF THE REQUESTED VARIANCE. 
          HERE'S A COPY OF THE SITE PLAN AND AS MENTIONED, UH, HE, THE APPLICANT IS UTILIZING THE EXISTING SLAB. 
          THIS IS THE SUBJECT PROPERTY AND EXISTING SLAB SURROUNDING AREA. 
          AND HERE WE GO ON THE SIDE STREET THERE. 
          UH, STAFF DOES RECOMMEND APPROVAL ON B Y 21, 1 0 3 0 0 0 3 4 BASED ON THE FOLLOWING FINDINGS OF FACT, THE SURROUNDING NEIGHBORHOOD WAS BUILT ON REDUCED SIDE SETBACKS AND DISTANCE BETWEEN DWELLINGS WILL PRESERVE THE SPIRIT OF THE ORDINANCES. 
          NEXT SLIDE. 
          WE DID SEND OUT 21 NOTICES, UH, 14 WERE RECEIVED IN FAVOR. 
          AND THE NORTHERN HILLS NEIGHBORHOOD ASSOCIATION IS IN FAVOR SIX FIVE. 
          WE DO HAVE, UH, THE APPLICANT ON THE LINE. 
          SIR, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION. 
          UM, HI, MY NAME IS, UH, JOHN BAR WITH PRIME HOMES AND I OFFICE OUT OF 11 2 3 0 WEST AVENUE, SAN ANTONIO, TEXAS 7 8 2 1 3. 
          SO AS YOU GUYS CAN, UM, I THANK YOU GUYS FOR HEARING ME TODAY. 
          UH, SO I LIKE WE WERE JUST DE JUST MENTIONED, DON'T KNOW HOW THESE MANAGED TO GET DEVELOPED. 
          I KIND OF PUT A LITTLE BIT OF TIMELINE IN A PRESENTATION THAT I SENT, UH, OVER OF LIKE HOW THIS REALLY KIND OF CAME TO BE. 
          IT'S LIKE, LIKE YOU MENTIONED AND THE DEVELOPMENT ASPECTS BETWEEN THE SEVENTIES AND THE EIGHTIES AND THEM BEING BUILT. 
          UH, SO I'LL KIND OF GO PAST THAT. 
          IN 2010, A CAR FLYING DOWN VERTI VERTI, UH, WENT AIRBORNE OVER THIS INTERSECTION AND LOST CONTROL AND JUMPED SEVERAL CURBS AND WENT AND DROVE THROUGH THE HOUSE AND ACTUALLY CAUGHT FIRE AND BURNED IT DOWN. 
          UM, SO I DON'T KNOW WHAT HAPPENED IN 2010 WHY HE DIDN'T REBUILD, BUT I'M BET IT MIGHT HAVE SOMETHING TO DO WITH THE FACT THAT THIS WAS A NON-CONFORMING LOT SINCE THE HOUSE WAS MORE THAN 50% DESTROYED. 
          UM, SINCE THEN, THE CITY HAS GONE BACK AND PUT A LOT MORE SIGNAGE REDONE, THE CURBS REDONE, THE SIDEWALKS REDONE THE GUTTERS OR THE CURBING TO HELP PREVENT THAT, UH, FROM HAPPENING AGAIN. 
          BUT BASICALLY THE GENTLEMAN GOT HIS, APPARENTLY HIS INSURANCE CHECK AND NEVER REBUILT THE HOUSE. 
          AND IN 2017, THE SHERIFF'S OFFICE, UH, TOOK THE HOUSE BACK FOR BACK TAXES. 
          IN 2018, BEXAR COUNTY SOLD THE PROPERTY TO UH, UH, HUSBAND, WIFE, UH, FOR TERRA CORPUS, AND I BOUGHT THE LOT IN, UH, FEBRUARY 3RD. 
          I VISITED WELL BEFORE EVEN THEN, I FOUND THIS PROPERTY ON THE M L SS. 
          UM, AND I TOOK THE LOT TO THE DEVELOPMENT SERVICES ON FEBRUARY 3RD. 
          AND I SPOKE WITH DEVELOPMENT SERVICES, ZONING, LAND DEVELOPMENT, EVERYBODY SAYING, HEY, UM, I JUST WANNA DO MY DUE DILIGENCE. 
          I'M PUTTING THE EXACT SAME HOUSE BACK ON THE EXACT SAME LOT THAT WAS THERE. 
          AM I GOOD TO GO? AND EVERYBODY'S, OH, YOU'RE DOING THE EXACT SAME HOUSE, SINGLE STORY, EVERYTHING. 
          YEP, EVERYTHING IS THE EXACT SAME. 
          IT WAS ORIGINALLY DESIGNED TO BE BUILT ON THAT HOUSE, YOU'RE GOOD TO. 
          AND THEY'RE LIKE, GIVE ALL GAVE ME THE CLEAR THAT WE SHOULD BE JUST FINE TO BUILD ON TOP OF THIS LOT. 
          SO WITH KNOWING THAT I WENT AHEAD AND PURCHASED THE PROPERTY ON FEBRUARY 12TH AND ON GOING THROUGH THE PERMITTING PROCESS, THAT'S WHEN WE REALIZED THAT THERE WAS THIS ISSUE OF THE ZONING ASPECT OF SAYING SOMEHOW ALL THESE HOUSES, AND IT'S NOT JUST THIS NEIGHBORHOOD. 
          I MEAN THERE'S HUNDREDS OF HOMES OVER IN THIS AREA OF NORTHERN HILLS THAT ARE ALL BUILT ON ZERO LOT LINES THAT ARE ALL ZONED R FIVE. 
          UH, SO IT'S NOT JUST THESE FEW HOUSES THAT YOU SAW ON THE SURVEY IN THAT AREA. 
          SO I WAS NOTIFIED ON, UH, APRIL 19TH THAT THERE WAS A ZONING ISSUE AND I APPLIED FOR THE BOARD OF ADJUSTED MEETING ON 4 21. 
          UH, BECAUSE I REALLY SAID THAT'S THE ONLY WAY WE CAN CONTINUE WITH THE DEVELOPMENT. 
          UH, SO IF YOU GUYS CAN GO TO THE NEXT SLIDE. 
          I LIKE THE MENTION ON UTILIZING THE EXISTING SLAB WITH NO MODIFICATIONS OF THE EXTERIOR FOOTPRINT, UM, KEEPING EVERYTHING THE EXACT SAME AS IT WAS. 
          IF YOU GO TO SLIDE NUMBER THREE, YOU'LL SEE WHAT WE'RE PROPOSING TO DEVELOP. 
          IT'S A SINGLE STORY, SINGLE FAMILY HOUSE, THREE BEDROOM, TWO BATH. 
          IT'S ROUGHLY ABOUT 1550 SQUARE FEET, NOT CHANGING THE SLAB AT ALL. 
          IF YOU GO TO SLIDE FOUR, YOU CAN SEE THAT I'VE ALREADY HAD THE ENGINEERING LETTER. 
          UH, I ATTACHED THE ENGINEERING LETTER CERTIFYING THE SLAB IS GOOD AND I KIND OF PUT IN THERE THAT SAYS THEREFORE IT IS, UH, KIND OF WHERE THE BOLD SECTION OF IT IS. 
          I KIND OF PULLED IT OUT TO WHERE YOU GUYS CAN READ IT AND IT SAYS, THEREFORE IT IS OUR OPINION THAT THE FOUNDATION IS STRUCTURALLY SOUND SALVAGEABLE, INCAPABLE OF SUPPORTING LOADS AS INTENDED OF A NEW SIMILAR STYLE, UH, STRUCTURE. 
          ALSO, SURFACE ELEVATION INDICATE THE FOUNDATION IS WITHIN A S C E SUGGESTED ALLOWABLE LIMITS OF LEVELNESS. 
          SO SLAB IS PERFECTLY FINE AS IT SITS. 
          GO TO THE LAST SLIDE. 
          NUMBER FIVE. 
          AS FAR AS NEIGHBORHOOD APPROVAL, I'VE GONE OUT THERE AND KNOCKED ON EVERY SINGLE DOOR WITHIN THAT, UH, CIRCUIT CIRCLE. 
          TOOK ME A WHILE, BUT I GOT 14 OF 19 NEIGHBORS TO GO AHEAD AND 
          [02:25:01]
SIGN THE WAIVER. 
          UH, WAS TOLD BY 42 0 9 HILTON HEAD. 
          HE IS ALSO THE H O A VP THAT HE WOULD CALL IN. 
          AND HE ORIGINALLY WAS OPPOSING IT, BUT NOW IS IN FAVOR. 
          ONCE YOU UNDERSTOOD THE DEVELOPMENT, UM, AND WAS CONFUSED BY THE LETTER THAT YOU SENT, THEY THOUGHT THAT I WAS MOVING THE SLAB FOUR FEET, 11 INCHES OVER, CLOSER TO THE NEIGHBOR NEXT DOOR OVER MY PROPERTY LINE. 
          I DON'T KNOW HOW THEY GOT CONFUSED BY THAT, BUT ONCE I EXPLAINED NO, I'M USING EXISTING FOOTPRINT, THAT'S WHEN THE H O A REVERSED THEIR DECISION WHEN HE REVERSES DECISION TO BE IN FAVOR OF THE DEVELOPMENT. 
          SO THE NORTHERN HILLS HOMEOWNER ASSOCIATION IS ALSO AN IMPROVEMENT OF THIS OR APPROVING THIS. 
          THE REMAINING FOUR HOUSES THAT I HAVE NOT TALKED TO IS 42 0 3 HILTON HEAD AND IT IS AN ELDERLY LADY THAT LIVES IN THE HOUSE WHOSE SON TAKES CARE OF EVERYTHING. 
          AND I WAS NEVER ABLE TO CONNECT WITH HIM AS HE WAS TRAVELING AND REALLY BUSY GOING TO NORTH CAROLINA AND BACK AND FORTH. 
          42 0 4 HILTON HEAD WORKS A LOT ACCORDING TO NEIGHBORS AND WAS NEVER ABLE TO CONNECT WITH THEM. 
          42 14 HILTON HEAD IS JUST A RENTAL PROPERTY MANAGED BY A MANAGEMENT COMPANY, SO I COULD NEVER GET THROUGH TO ANYBODY TO WHO THE OWNER WAS TO GET CONTACT INFORMATION. 
          AND 42 22 CLEAR LAKE IS ALSO RENTAL PROPERTY IN THE EXACT SAME SITUATION. 
          UH, WITH THAT, UH, I WILL OPEN UP TO ANY QUESTIONS THAT THE COUNCIL HAS, BUT I MEAN, IT'S VERY SIMPLE, CUT AND DRY OF WHAT WE'RE TRYING TO DO IS SINGLE FAMILY HOUSE CONFORMS THE NEIGHBORHOOD AND SITS RIGHT ON THAT EXACT SAME SLAB AS IT WAS DEVELOPED IN THE EIGHTIES. 
          ALRIGHT, UM, STAFF, IS THERE ANY PUBLIC COMMENTARY WE NEED TO READ INTO THE RECORD? YES, SIR. 
          BRINGING THAT UP NOW THERE'S 14, UH, NOTICE OF READ AND RECORD. 
          ALL IN FAVOR? OKAY. 
          UH, GREAT. 
          UH, IS THERE ANY COMMISSIONER QUESTIONS? BRUCE? COMMISSIONER CRUZ, UM, FOR THE, UH, APPLICANT, SIR, I NOTICED IN THE PICTURES OF THE PROPERTY THERE IS OF COURSE QUITE A BIT OF, UH, GREENAGE AROUND THE, THE SLAB AND OF COURSE THERE'S A TREE ON THE SIDE OR IS THAT GONNA BE A PROBLEM FOR YOU TO REMOVE ALL OF THAT? NO, I'VE ACTUALLY GO, WE ACTUALLY HAVE ALREADY MADE IT THROUGH THAT PART WITH THE CITY. 
          AS FAR AS THE PERMITS GO, THAT BIG TREE THAT YOU SEE THERE, UH, THE ONE ON THE PROPERTY THAT IS STAYING, WE ARE NOT REMOVING THAT. 
          UH, THE ONLY THING THAT WE WOULD BE REMOVING IS THAT TREE THAT'S GROWING OUTTA THE SIDE OF THE SLAB IN BETWEEN OUR SLAB AND THE NEIGHBOR'S FENCE. 
          AND THAT THE LADY NEXT DOOR IS ECSTATIC THAT WE'RE DOING THIS 'CAUSE SHE'S TIRED OF HAVING THIS LOT NEXT TO HERS. 
          UM, AND THAT TREE GROWING IN BETWEEN 'EM. 
          SO WE WOULD BE REMOVING THAT ONE BECAUSE IT'S LITERALLY GROWING OUT OF THE CORNER OF OUR SLAB AND ALL THESE BUSHES AND STUFF LIKE THAT. 
          AND IT'S BECOME A, UH, NUISANCE TO HER, BUT IT'S NOT TECHNICALLY ON HER PROPERTY, SO SHE'S KINDA LEFT IT. 
          UM, SO THAT'S THE ONLY THING WE'D BE MOVING. 
          REMOVING IS JUST THAT GREENAGE ALONG THE EDGE OF THE SLAB BETWEEN OUR PROPERTY AND HER FENCE, WHICH IS ONLY ABOUT TWO THREE INCHES APART, BUT IT'S KIND OF PUSHED IN BETWEEN IT GROWN OUT FROM IT. 
          OKAY. 
          AND SO WILL YOU REPLACE SOME OF THAT DIFFERENT GREENAGE? YEAH, WE, THE CITY IS REQUIRING THAT WE DO, UH, PLANT ONE MORE TREE. 
          I CAN'T REMEMBER WHAT SIZE IT IS, BUT WE DO HAVE TO PLANT ONE ADDITIONAL TREE WITH, IN SOMEWHERE ON THE LOT. 
          WE'RE PROBABLY GONNA PUT IT IN THE BACKYARD CONSIDERING THERE'S NO TREES ON THAT SIDE. 
          BUT THE ONLY THING THAT'S REALLY THERE IS LIKE, IT'S JUST ONE GIANT LIVE OAK TREE IN THE FRONT YARD THAT WE WILL BE FOR SURE BE KEEPING. 
          OKAY, THANK YOU. 
          YOU'RE WELCOME. 
          OKAY. 
          TO MAKE IT EASIER, WE'RE GONNA JUST SCROLL DOWN THROUGH THESE. 
          UM, THEY ARE ALL IN FAVOR, NO COMMENTARY TILL THE END, WHICH IS REALLY JUST THE H O A OR THE NEIGHBOR ASSOCIATION. 
          UM, IN THE MINUTES WE'RE GONNA IDENTIFY EACH, EACH PERSON BY NAME AND ADDRESS, BUT THESE ARE ALL IN FAVOR AND WE'RE SCROLLING THROUGH THESE ALL CORRESPOND WITH WHAT THESE ALL CORRESPOND WITH WHAT YOU SHOWED US ON THE MAP WITH ALL THE GREEN CHECK MARKS, RIGHT? THAT IS CORRECT. 
          UM, THIS ONE FROM, UM, GABRIELA SHIRLEY, AS LONG AS IT DOES NOT AFFECT THE, THE BOUNDARIES OR RESELL OF MY PROPERTY. 
          UM, SCROLL DOWN. 
          KEEP GOING. 
          IN FAVOR OF APPROVING THIS HOME, UH, TO BE BUILT. 
          KEEP GOING. 
          UM, FORGIVE ME, I'M HAVING A COUPLE OF READING THIS ON BEING BUILT, UH, FOR SOME TIME. 
          IT'S IN A NICER FOR SOME TIME, BUT IT'S IN THIS ONE'S IN FAVOR AS WELL GOING. 
          I WOULD REALLY ENJOY TO SEE THIS HOUSE, UH, DEVELOP 
          [02:30:03]
AND KEEP GOING. 
          OKAY. 
          TO BUILD ALL RIGHT, CHECK THE WRONG BOX, BUT THEY'RE IN FAVOR OF THE DECONSTRUCTION OF THIS FROM THE NEIGHBOR ASSOCIATION REFERENCE, UH, TO THE B O A CASE. 
          I MISREAD THE REQUEST AND SENT HIM MY OBJECTION TO THE REZO OF THIS REQUEST. 
          NOW THAT I UNDERSTAND THE REQUEST, I SUPPORT IT COMPLETELY AND ASK THAT YOU DISREGARD MY DISAPPROVAL MR. FROM MILTON MCFARLAND, VICE PRESIDENT OF THE ASSOCIATION AT 4 2 0 9, UH, HILTON HEAD STREET. 
          THAT CONCLUDES ALL THE COMMENTARY. 
          ALL RIGHT, GREAT. 
          UH, COMMISSIONER QUESTIONS TO CONTINUE, WHO WOULD LIKE TO ASK A QUESTION? MIN CHAKA. 
          COMMISSIONER MIN CHAKA, UH, I JUST HAVE ONE, UH, THE REAR, THAT ASPHALT DRIVEWAY, THIS IS FOR THE APPLICANT. 
          UH, IS HE GONNA MAINTAIN THAT ASPHALT DRIVEWAY OR IS THAT GONNA BE BROKEN UP AND REDONE AND CONCRETE AND EXTENDED OUT TO TOWARD THE TREE? UH, YOU'RE SAYING ON THE SURVEY? COULD YOU HEAR ME, SIR? YEP, YOU CAN YOU HEAR ME? YES. 
          IT'S, IT'S ACTUALLY ALREADY A CONCRETE DRIVEWAY. 
          SO THAT WILL BE, SO THAT WILL BE BROKEN UP AND MADE INTO A NEW DRIVEWAY WITH THE SAME WIDTH? CORRECT? UH, WE'RE PROBABLY ACTUALLY GONNA USE THE EXISTING DRIVEWAY I'M LOOKING AT RIGHT NOW, AND I'VE BEEN TO THE PROPERTY AND IT'S ACTUALLY STILL IN FAIRLY GOOD CONDITION. 
          I SEE. 
          WOULD IT BE A CARPORT OVER IT? NO, THANK YOU, SIR. 
          NO HOUSES IN THE AREA ACTUALLY HAVE CARPORTS. 
          UM, SO WE'RE JUST STAYING CONFORMING WITH THE NEIGHBORHOOD AND JUST LEAVING IT OPEN. 
          IT HAS A, IT HAS A FAIRLY EXTENSIVE WIDE GARAGE AS IT ALREADY IS. 
          RIGHT, BECAUSE BACK WHEN THEY DEVELOPED THESE HOUSES, THEY HAD THE WASHER AND DRYERS IN THE GARAGE WHO WERE ACTUALLY MOVING THE WASHER AND DRYER INSIDE THE HOUSE NOW. 
          SO THEY HAVE A WIDE, EXTRA WIDE GARAGE. 
          UM, AND THE DRIVEWAY IS ACTUALLY IN FAIRLY GOOD CONDITION. 
          SO IF WE WE'RE GOING TO SALVAGE IT AND REUSE IT, IF WE CAN, UM, I WOULDN'T SEE ANY REASON RIGHT NOW THAT WE WOULD NEED TO MOVE IT UNLESS THERE'S SOMETHING AS FAR AS THE UTILITIES GO THAT, UH, WE NEED TO REMOVE THAT DRIVEWAY. 
          THANK YOU, SIR. 
          YOU ANYONE ELSE? MANNA COMMISSIONER MANNA, THIS QUESTION'S FOR THE APPLICANT. 
          AND SO HISTORICALLY ON, UM, ZERO LOT LINE DEVELOPMENT, UM, THERE IS RESTRICTIONS PLACED WITH REGARDS TO WATER DRAINAGE ON THE SHARED PROPERTY LINE. 
          AND SO, UM, YOU KNOW, I GUESS IF I UNDERSTOOD CORRECTLY THAT SOME OF THAT, SOME OF THE GUIDELINES WENT AWAY, BUT THE QUESTION TO YOU IS, UM, HOW IS IT THAT YOU PLAN TO, UH, UH, I GUESS MEDIATE THAT WATER WOULD FLOW INTO THE NEIGHBORING YARD? UM, WE'RE WE'RE ACTUALLY REQUIRED BY THE CITY TO USE GUTTERS. 
          AND THAT'S ANOTHER THING I FORGOT TO MENTION THAT WE ARE FIRE RATING THE EXISTING WALL THAT IS ADJACENT TO OUR PROPERTY ON THE ZERO LOT LAND SIDE. 
          UM, AND IF YOU LOOK AT OUR DESIGN, UH, WE DID DO IT ON THAT, UH, EXTERIOR ELEVATION, IT WOULD BE THE SIDE THAT DOESN'T HAVE ANY WINDOWS ON IT THAT DOES FACE THE NEIGHBORING SIDE THAT HAS THE ONE INCH VARIANCE. 
          SO THE GABLE DOES FACE AWAY FROM HER LOT AND THERE'S ONLY A SECTION OF THE PIECE THAT, UH, ISN'T ON HERS, BUT THAT'S ACTUALLY NOT IN HER BACKYARD ANYMORE. 
          BUT WE WILL BE USING GUTTERS AS WE'RE REQUIRED TO AND DIRECTING WATER AWAY FROM HER PROPERTY. 
          PERFECT. 
          THANK YOU. 
          THANK YOU. 
          UH, ANYONE ELSE? ALL RIGHT. 
          HEARING NONE, UH, UH, FOR THE APPLICANT, WE HAVE, UM, WE WE'RE GONNA GIVE YOU AN OPPORTUNITY IF YOU WANNA MAKE A CLOSING REMARK BEFORE WE GO TO, UM, A DELIBERATION AND A MOTION ON THIS. 
          UH, AS YOU HAVE UP TO THREE MINUTES, IF THERE'S ANYTHING YOU'D LIKE TO, UM, STATE, I MEAN, JUST THAT THE FACT THAT I WOULD REALLY APPRECIATE THIS VARIANCE SO WE CAN GET THROUGH BUILDING IT BECAUSE I MEAN, THE FACT THAT IT'S A PERFECTLY GOOD SLAB, I'M STAYING WITH THE NEIGHBORHOOD, WE'RE BUILDING A SINGLE STORY HOME THAT MATCHES WITHIN THE NEIGHBORHOOD. 
          UH, IT JUST SEEMS VERY WASTEFUL IF THIS WEREN'T A PASS THAT I HAVE TO, AND IT'S A, I CAN'T MOVE IT 'CAUSE IT'S A TENSION ROD FOUNDATION. 
          SO IF I CUT INTO THE SLAB, IT UTILIZES THE ENTIRE SLAB USELESS. 
          SO I WOULD HAVE TO DEMO THE ENTIRE SLAB, MOVE IT OVER FIVE FEET AND REBUILD AN ENTIRE SLAB. 
          AND AT THE COST OF CONSTRUCTION NOWADAYS, IT, IT RENDERED THIS USELESS, UM, WHERE IT WOULD JUST CONTINUE TO SIT VACANT, UH, AND BEING AN EYESORE TO THE NEIGHBORHOOD AND OUR CITY OF SAN ANTONIO. 
          SO I REALLY WOULD APPRECIATE THIS VARIANCE SO WE CAN GET MOVING AND GET THIS HOUSE RECONSTRUCTED AND PROVIDE THE STABLE THE HOUSING INVENTORY THAT THIS CITY SO DRASTICALLY NEEDS. 
          UM, WITH THAT, THAT WOULD BE THE END OF MY REMARKS. 
          GREAT. 
          THANK YOU. 
          UH, I'M ASKING FOR A MOTION ON THIS CASE, PLEASE. 
          FISHER COMMISSIONER FISHER? YES. 
          UH, I NEED TO READ THIS FIRST, CORRECT? YES. 
          [02:35:03]
REGARDING CASE NUMBER BO A 2 1 1 0 3 0 0 0 4 8, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE TO THE REQUIRED FIVE FOOT SIDE SETBACK AS REQUIRED IN TABLE THREE 10 DASH ONE TO ALLOW A ONE INCH SIDE SETBACK FOR A SINGLE FAMILY DWELLING, SITUATED AT 42 11 CLEAR LAKE DRIVE APPLICANT BEING PRIME HOMES. 
          BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. 
          SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. 
          THE VARIANCE REQUESTED IS NOT CONTRARY TO THE PUBLIC INTEREST. 
          THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. 
          THE ABUTTING PROPERTY HAS AN EIGHT FOOT 10 INCH SIDE SETBACK ALONG THE SIDE OF THE REQUESTED VARIANCE DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. 
          LITERAL ENFORCEMENT OF THE ORDINANCE WOULD NOT RESULT IN UNNECESSARY HARDSHIP AS THE PREVIOUS HOME CONSTRUCTED IN 1981 WAS BUILT IN THE SAME CONFIGURATION. 
          THREE. 
          BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. 
          THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. 
          THE PROPOSED VARIANCE WILL PROVIDE AN EIGHT FOOT 10 INCH SEPARATION BETWEEN HOMES. 
          FOUR. 
          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 WITH WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. 
          FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. 
          IF GRANTED, THE VARIANCES WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. 
          MUCH OF THE NEIGHBORHOOD WAS BUILT ON A 0 1 0 LOT LINES. 
          A VACATING PLAT IN 1979 REMOVED THE PLAN UNIT DEVELOPMENT DESI DESIGNATION THAT APPEARS TO HAVE REMOVED THE REDUCED SIDE SETBACK. 
          THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. 
          AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. 
          THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY WAS NOT CREATED BY THE PROPERTY OWNER. 
          THE GENERAL CONDITIONS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED IN AN AREA WITH DWELLINGS BUILT WITH REDUCED TWO NO SIDE SETBACKS. 
          YES. 
          OKAY, WE HAVE A MOTION. 
          IS THERE A SECOND? JAIL SECOND. 
          OKAY. 
          UH, COMMISSIONER FISHER, PLEASE, UH, START THE DISCUSSION. 
          YES. 
          IS THIS, UH, IS IT WAS PREVIOUSLY, UH, BILLED AS A SINGLE STORY HOME AND WAS ADEQUATELY ACCEPTED IN THE NEIGHBORHOOD. 
          I FEEL LIKE, YOU KNOW, THIS PROPERTY IS JUST FULFILLING, UM, THE, THE NEIGHBORHOOD CONTENT AND IS AN, A GOOD USE OF THE VACANT SITE, SO THEREFORE I WILL BE IN SUPPORT. 
          ALRIGHT, UH, COMMISSIONER THIEL, I'M IN AGREEMENT WITH MY COLLEAGUE. 
          UM, I THINK THAT THE FACT THAT THEY'VE DONE AS MUCH DUE DILIGENCE AS THEY HAVE AND THAT IT'S NOT GONNA CHANGE THE EXISTING FOOTPRINT, AND THERE'S OBVIOUSLY SOME, SOME ODD THINGS GOING ON WITH THE PLATTING AND UN PLATTING, WHATNOT. 
          UH, I THINK THIS IS PRETTY STRAIGHTFORWARD, SO I'LL BE IN SUPPORT. 
          OKAY. 
          IS THERE ANY OTHER COMMISSIONERS WHO WOULD LIKE TO ADD TO, TO THE DISCUSSION? DELMER COMMISSIONER DELMER? UM, I'M IN COMPLETE AGREEMENT WITH MY COLLEAGUES. 
          UH, IT'S ANOTHER ONE OF THOSE UNIQUE SITUATIONS, UH, 
          [02:40:01]
THAT WE FIND OURSELVES IN WITH, WITH THIS, UH, UH, LOT. 
          UM, THE FACT THAT THE NEIGHBORHOOD ASSOCIATION IS COMPLETELY, UH, IN AGREEMENT AND ALL THE NEIGHBORS. 
          UM, ALRIGHT. 
          ANYONE ELSE? HEARING NONE? STAFF PLEASE TAKE A ROLL CALL. 
          VOTE. 
          OKAY, SIR. 
          AND JUST FOR THE RECORD, I WANTED TO, UH, WE PUT IT ON THE SCREEN, THE, UH, APPROVAL OF THE PRESIDENT OF THE ASSOCIATION, MIKE GALLAGHER. 
          UM, WE WANNA MAKE SURE THAT WAS CLEAR. 
          UH, YOU KNOW, IT WAS ON THE RECORD. 
          OKAY. 
          OKAY. 
          THANK YOU. 
          ALRIGHT, SO WE GOT, UH, MICHELLE, I CONCUR WITH THE FINDINGS OF FACT. 
          MR. AKA I CONCUR WITH THE FINDINGS OF FACT, MS. CRUZ. 
          YES, I CONCUR. 
          MR. MANNA. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          MS. BREGMAN, I CONCUR WITH THE FINDINGS OF FACT. 
          MR. GELMAN. 
          I CONCUR. 
          MS. FISHER? YES, I CONCUR. 
          MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT. 
          MR. UNA. 
          YES, I CONCUR WITH THE FINDINGS OF FACT AND SHARE, OR I ALSO CONCUR WITH THE FINDINGS OF FACT. 
          MOTION PASSES UNANIMOUSLY. 
          UH, 
          [5. 21-4115 BOA-21-10300052]
LET'S MOVE ON TO THE NEXT CASE. 
          ITEM NUMBER FIVE, PLEASE. 
          ALRIGHT, ITEM NUMBER FIVE IS 3 51 KALIA AVENUE DISTRICT THREE. 
          THE APPLICANT IS MIGUEL GARCIA TO REQUEST FOR A FOUR FOOT SIDE SETBACK VARIANCE AS REQUIRED IN TABLE THREE 10 TO ALLOW A CARPORT TO BE, UH, ONE INCH FROM SIDE PROPERTY LINE, OR ONE FOOT FROM SIDE PROPERTY LINE WITH AN EIGHT INCH OVERHANG. 
          TURNS ON IS R SIX M L E TWO FIVE. 
          SUBJECT PROPERTY IS LOCATED, UH, MIDBLOCK ALONG ALIA AVENUE. 
          THE APPLICANT IS REQUESTING A SIDE SETBACK VARIANCE FOR A CARPORT TO BE CONSTRUCTED IN THE SIDE YARD OF THE HOME. 
          THE OWNER RECEIVED A STOP WORK ORDER AFTER, UH, POSTS WERE PUT IN PLACE, BUT THE CARPORT IS NOT YET CONSTRUCTED. 
          THE NEIGHBORING PROPERTIES, IF THIS LOOKS FAMILIAR TO YOU, WAS AT 3 55 KALIA. 
          THIS WAS HEARD AND APPROVED BY THE BOARD BACK IN 2019 FOR A FOUR FOOT SIDE, UH, VARIANCE ALONG A ONE FOOT SETBACK. 
          THAT'S THE SUBJECT PROPERTY INTO THE LEFT. 
          YOU CAN SEE THE NEIGHBORING PROPERTY THAT WAS APPROVED BY THE BOARD OF 2019 HERE IN THE POST. 
          AS THEY CURRENTLY STAND, AS YOU CAN SEE, NOT YET BUILT, THAT'S THE NEIGHBORING CARPORT. 
          NEIGHBOR STAFF RECOMMENDS DENIAL AND B O A 21 1 0 3 WITH AN ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE TO ALLOW A CARPORT TO BE THREE FEET AWAY FROM THE SIDE PROPERTY LINE WITH AN EIGHT INCH OVERHANG. 
          UH, AND, UH, BASED ON THE FOLLOWING FINDINGS OF FACT, PROPOSED CARPORT WOULD BE OUT OF CHARACTER WITH THE NEIGHBORHOOD IN EXTENT AND LOCATION RELATED TO PROPERTY, UH, PROPERTY LINES. 
          THE CARPORT MAY STILL BE CONSTRUCTED EITHER FIVE FEET FROM THE SIDE PROPERTY LINE OR THREE FEET, BUT NO OVERHANG. 
          AND THAT'S ALLOWED BY CODE. 
          THE PROXIMITY TO THE NEIGHBORING PROPERTY AND STRUCTURE COULD INJURE ADJACENT USE OF VISUAL AND STORM WATER IMPACTS AND MAINTENANCE. 
          SLIDE 25 NOTICES WERE SENT OUT. 
          NONE IN FAVOR, NONE IN OPPOSITION, AND THERE'S NO NEIGHBOR ASSOCIATION. 
          DO YOU HAVE THE APPLICANT ON THE LINE? UH, MR. MR. CIA? SIR, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU COULD START YOUR PRESENTATION. 
          YES. 
          HI, MY NAME IS MIGUEL GARCIA, UM, AT 3 51 CELIA AVENUE, SAN ANTONIO, TEXAS 72 1 4. 
          AND, UH, FIRST OF ALL, I WANNA, I WANNA THANK YOU ALL, YOU ALL FOR YOUR TIME. 
          AND, UH, BASICALLY I JUST WANT TO SEE IF I CAN, UH, GET THROUGH FOR VARIANCE TO, UH, FINISH OUR, UH, START THE CARPORT. 
          I HAD APPLIED FOR A CARPORT ON THE SIDE, THE BACK TO THE FRONT IN 2018, BUT, UH, GOT DISCOURAGED BECAUSE THEY SAID I NEEDED A FIVE FOOT SETBACK, WHICH WOULD BASICALLY PUT THE VERTICAL POST IN, IN THE CENTER OF THE DRIVEWAY, UH, FROM THE BACK TO THE FRONT, OR FROM THE FRONT TO THE BACK, WHICH WOULD JUST RENDERED MY DRIVEWAY USELESS. 
          SO I GOT DISCOURAGED AND DIDN'T FALL THROUGH WITH IT. 
          I WASN'T AWARE AT THE TIME THAT THERE IS SUCH A VARIANCE PROCESS UNTIL I REALIZED MY NEIGHBOR BUILDING THIS CARPORT AND WAS JUST WONDERING HOW THAT COULD BE APPROVED, YOU KNOW, CONSIDERING THAT, YOU KNOW, IT'S VERY CLOSE TO MY FENCE, BUT COME TO FIND OUT THERE IS A VARIANCE FAULT. 
          SO BASICALLY WHAT I'M TRYING TO DO IS JUST, UH, YOU KNOW, GET THE VARIANCE AND I'M NOT, YOU KNOW, UH, I PLAN TO PUT A GUTTER SYSTEM WITH A DRAINAGE RUNNING OUT THE STREET, BUT WITH THE, UH, UH, A GUTTERS WITH THE VERTICAL, VERTICAL, UH, DRAIN SPOUT 
          [02:45:01]
GOING OUT THE STREET. 
          I MEAN, I, I PAID FOR THIS FENCE, SO I'M GONNA CREATE A UNDUE, YOU KNOW, FINANCIAL BURDEN. 
          UH, I DO WANT TO MAKE SURE IT'S DONE RIGHT. 
          I DON'T WANT NO ISSUES WITH THE NEIGHBORS AND I WANT IT TO LOOK PROFESSIONAL, PROFESSIONALLY BUILT. 
          AND SO IF THERE'S NO ARISING PROBLEMS THAT, YOU KNOW, COME, YOU KNOW, IN THE FUTURE. 
          AND, UH, BA BASICALLY THAT'S, THAT'S ALL I'M ASKING FOR. 
          AND WHAT WE'RE LOOKING AT RIGHT HERE, THAT'S MY NEIGHBOR'S, UH, UH, CARPORT. 
          I, I'M NOT LOOKING TO BUILD IT THAT HOT, THAT TALL, THAT BIG, UM, IS HIS BUILDING ON THE LEFT SIDE OF, OF THAT TRAILER. 
          IT'S A LOT CLOSER TO THE LEFT SIDE OF HIS FENCE. 
          SO HIS ACTUAL CARPORT IS A LOT LARGER THAN WHAT I'M LOOKING TO BUILD. 
          THIS IS JUST SHOWING HOW CLOSE THOSE POSTS ARE. 
          THAT'S THE SECOND PHOTO. 
          AND THEN THAT'S THE THIRD PHOTO IS, AS YOU CAN SEE, IT'S, I MEAN, IT'S PRETTY CLOSE TO, TO MY FENCE. 
          AND, UH, I MEAN, UH, I DO PLAN TO PUT A GUTTER SYSTEM THAT'S THE, THAT THAT ONE DOES NOT HAVE IT. 
          AND I WISH IT DID. 
          I'VE, I'VE ASKED HIM POLITELY A COUPLE OF TIMES ABOUT THE GUTTER SYSTEM AND I WAS TOLD HE WAS GONNA DO IT, BUT NOTHING YET. 
          SO I DON'T WANT THAT ISSUE WITH MY OTHER NEIGHBOR, ARNOLD AT 3 47 LIA. 
          SO I, I DO PLAN TO PUT A GUTTER SYSTEM TO MAKE SURE THAT THE WATER IS, IS TAKEN AWAY FROM THE PROPERTY. 
          HELLO? YES, SIR. 
          WE CAN HEAR YOU. 
          OH, OKAY. 
          SO, UH, THAT'S BASICALLY WHAT I, WHAT I'M, UH, ASKING FOR ASSISTANCE WITH. 
          OKAY. 
          THANK YOU VERY MUCH. 
          UH, STAFF, IS THERE ANY PUBLIC COMMENTARY THAT NEEDS TO BE READ INTO THE RECORD? NO, SIR. 
          NONE WHATSOEVER. 
          ALL RIGHT. 
          UH, SO AT THIS TIME, I'D LIKE TO OPEN THIS UP FOR COMMISSIONER QUESTIONS. 
          IS THERE ANY COMMISSIONERS WHO WOULD LIKE TO ASK, UH, A QUESTION? OH, ZUNA COMMISSIONER ZUNA. 
          YEAH. 
          AND THIS QUESTION IS, IS TO THE APPLICANT. 
          SO I, I DON'T KNOW IF YOU SAW THE STAFF'S ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE TO ALLOW A THREE FOOT SITE SETBACK WITH AN EIGHT EIGHT INCH OVERHANG. 
          IF THAT, UM, ALTERNATE RECOMMENDATION BY THE CITY IT'S ACCEPTABLE TO YOU, WOULD, WOULD YOU, WOULD YOU BE ABLE TO ACCEPT WHAT THE CITY RECOMMENDED THAT, THAT, THAT WOULD, FROM IF, FROM THE DRIVEWAY COMING FROM THE STREET? UM, IF THE, THE POST WOULD BE ON A, AT A CERTAIN WIDTH, AND IF I WAS TO COME INTO TWO FEET, WELL, I MEAN, I COULD NO LONGER DRIVE TOWARDS THE BACK, YOU KNOW, UH, BECAUSE IT'S TWO FEET. 
          SO IT WOULD PUT ACTUALLY THREE FEET FROM THE FENCE INTO THE CONCRETE. 
          UM, YOU KNOW, I, AS FAR AS THE EIGHT INCH OVERHANG, I COULD HAVE THE, THE HORIZONTAL, UH, UH, THE HORIZONTAL, UH, WHERE THE ROOF WOULD SIT ON THE INSIDE SO THAT IT WOULDN'T HAVE AN EIGHT INCH, UH, OVERHANG. 
          IT WOULD BE BASICALLY FLUSH WITH MY PROPERTY. 
          AND ONCE I INSTALLED THE GUTTER SYSTEM, NO OVERFLOW WOULD GO INTO MY NEIGHBOR'S YARD OR THE FENCE, IT WOULD BE SENT DIRECTLY TO THE, UH, STREET. 
          OKAY. 
          SO THE NEXT QUESTION IS FOR STAFF. 
          AND THE QUESTION IS, SO WHAT, WHAT WAS THE BASIS FOR THE ALTERNATE RECOMMENDATION TO ALLOW FOR MAINTENANCE AND RUNOFF? UM, ULTIMATELY AT FEW INCHES UP TO THE SIDE, THERE'S NO ROOM TO MAINTAIN THAT STRUCTURE WITHOUT GOING INTO THE NEIGHBORING LOT. 
          UM, THAT'S WHY WE, WE TYPICALLY WILL RECOMMEND THAT, UH, SIDE AREA, UH, TO ALLOW FOR THAT MAINTENANCE WITHOUT TRESPASS. 
          UNDERSTOOD. 
          THANK YOU. 
          ANY OTHER COMMISSIONERS LIKE TO ASK A QUESTION? NO ONE ELSE. 
          UH, I HAVE A QUESTION. 
          SO, UH, MR. GARCIA, UM, I, I'M TRYING TO LOOK AT YOUR, THE SITE PLAN THAT WAS SUBMITTED WITH YOUR APPLICATION. 
          YES, SIR. 
          AND, UM, ON, ON THAT, IT HAS A, IT HAS A, UH, A PLOT PLAN, UH, AND ON THE BACK, AND IT, IT, IT SHOWS THAT YOUR DRIVEWAY COMING IN OFF THE ROAD IS 11 FEET WIDE. 
          UH, AND THEN, UH, BUT YOU HAD COMMENTED THAT YOU WANTED TO, PUTTING THE POST THREE FEET OFF WOULD, WOULD RESTRICT, UH, YOUR ABILITY TO, TO DRIVE TO THE REAR. 
          BUT THE DEPTH, UH, I'M LOOKING AT IS FROM THE, FROM THE FRONT, UH, OF THE, FROM THE PROPERTY LINE TO THE BACK TO WHERE THERE'S A GATE. 
          YES. 
          THAT WOULD LEAD TO THE REAR. 
          IT LOOKS LIKE YOU HAVE 54 FEET THERE, SIR. 
          UH, HOW MANY CARS ARE YOU, WELL, GO AHEAD. 
          WELL, I JUST WANT IT FOR ONE CAR. 
          YOU KNOW, WE'VE BEEN GETTING A LOT OF CRAZY WEATHER, YOU KNOW, SNOWING TWICE IN FEBRUARY, THEN, UH, A LOT OF RAIN. 
          I'M, MY THING IS I DON'T WANNA GET HELL DAMAGE. 
          WE'RE JUSTS GONNA COST ME MORE MONEY FOR DEDUCTIBLES ON MY VEHICLE. 
          SO THAT'S ONE OF THE MAIN REASONS WHY I WANT A CARPORT. 
          UH, BUT FROM WHERE THAT WOODEN GATE IS FROM THE CHAIN LINK FENCE, UH, OKAY, WHERE THE WOODEN GATE IS, THE TWO, THE TWO PANEL, UH, WOODEN GATE, IF, WHERE THE CHAIN LINK IS ON THE RIGHT, IF 
          [02:50:01]
I COME IN, UH, THE FIVE FEET OR EVEN THREE FEET, I MEAN, IT'S GONNA BE PRETTY MUCH, I WON'T BE ABLE TO EITHER OPEN MY DOORS OR, OR UTILIZE DRIVING A VEHICLE TOWARDS THE BACK. 
          OKAY. 
          STEPH, COULD YOU, DO YOU HAVE A, A, A PICTURE, LIKE THIS PICTURE RIGHT HERE WITH WHERE WE'RE LOOKING AT THE FRONT OF THE VEHICLE? YES. 
          FLASH. 
          FLASH BEFORE THE VEHICLE? OH, THE, THE I, YES. 
          I PAID 69 HERE. 
          OKAY. 
          SO IF YOU WANT THIS FOR ONE CAR, I MEAN, IT'S, YOU KNOW, ONE OF THE, ONE OF THE ITEMS, UH, BEFORE US IS NOT JUST A SETBACK, BUT THE, THE LENGTH IS SOMETHING I'M CONCERNED ABOUT. 
          UH, YOU KNOW, IT'S ONE THING TO HAVE A CARPORT, UH, RELATIVE CLOSE TO YOUR NEIGHBOR'S HOME FOR, FOR ONE CAR. 
          UH, BUT IF, RIGHT, HOW LONG, HOW LONG IS THIS CARPORT AT YOU FROM, FROM, FROM, FROM THAT, FROM THE WOODEN FENCE? UH, FROM, FROM THE, OKAY. 
          RIGHT THERE, THE WOODEN FENCE, GOING FROM THAT WOODEN FENCE GOING TOWARDS THE STREET, IT WOULD BE NO MORE THAN 15 FEET. 
          OKAY. 
          BUT SEE, MY WHOLE PLAN IS TO DO WHERE YOU SEE THOSE POSTS ARE. 
          THAT'S WHAT I MAINLY WANT, BUT I DIDN'T WANNA HAVE TO, AND, AND, AND WHERE THAT TRUCK IS, I DIDN'T WANNA HAVE TO GO, GO BACK AND ASK, WELL, CAN I GET ANOTHER, YOU KNOW, 400 FEET OR FOUR OH SQUARE FEET? YOU KNOW, I JUST, LIKE, I SPOKE TO, UH, MECA AND, AND MICHAEL PEPE SAID, IS IT BETTER JUST TO REQUEST THIS AMOUNT? AND THEN IF I DON'T DO THAT AMOUNT, THEN OKAY. 
          BUT IF I DO DECIDE TO DO THAT LENGTH, THEN IT'S COVERED. 
          I DIDN'T WANNA HAVE TO COME BACK LATER AND SAY, WELL, LOOK, I NEED ANOTHER 400 SQUARE FEET OR 300 SQUARE FEET. 
          THE FENCE THAT'S SHOWN ON THE PICTURE ON, ON SLIDE 69, THE FENCE THAT'S, THAT'S SHOWN THERE NEAR THE HOUSE. 
          FROM THAT, FROM THERE TO THE, TO WHERE YOU DRIVE INTO YOUR PROPERTY, ACCORDING TO THE PLOT PLAN, IT'S 54 FEET. 
          UM, IS THAT A, DO YOU THINK THAT'S A CORRECT ASSESSMENT? IT'S APPROXIMATELY 54 FEET. 
          YOU, YOU'RE TALKING FROM THE FENCE TO THE STREET. 
          YES. 
          I WOULD SAY, I WOULD SAY, I MEAN, MIND YOU, I DID A ROUGH ESTIMATE AND I FIGURED THE GENTLEMAN WAS GONNA COME TAKE THE PHOTOS AND MEASURE, BUT I DID THE BEST I COULD. 
          I'M NOT A CONTRACTOR'S OR A BUILDER. 
          NO, THAT'S FINE. 
          YOU KNOW, I'M JUST RIGGING  WHERE I'M GOING, WHERE I'M GOING WITH THE QUESTIONING IS, IS THAT, YOU KNOW, STAFF IS ASKING FOR A THREE FOOT, UH, UM, UH, SETBACK TO THE SIDE. 
          AND IF YOU, AND IF YOU'RE SAYING YOUR CARPORT'S ONLY 15 FEET DEEP, THEN YOU WOULD HAVE APPROXIMATELY, YOU KNOW, 39 FEET TO NEGOTIATE MOVING YOUR CAR BEYOND THE CARPORT TO GET TO THE REAR OF YOUR PROPERTY IF YOU SO WANTED TO. 
          YEAH. 
          BUT, OKAY. 
          BUT THIS IS A GOOD PICTURE RIGHT HERE. 
          IF YOU LOOK, IF YOU LOOK ALONG THIS BROWN FENCE WHERE IT MEETS IN THE CORNER WHERE THE GATE IS, THAT WOOD PANEL'S PROBABLY ABOUT A FOOT. 
          SO IF I COME IN ANOTHER TWO FOOT, NOW I'M IN THE OPENING OF THAT LEFT SIDED GATE, I WON'T BE ABLE TO DRIVE MY VEHICLE TO THE BACK. 
          OKAY. 
          SO WHAT DO YOU, WHAT DO YOU ENVISION YOU WOULD NEED? I KNOW YOU'RE ASKING FOR, UH, A ONE FOOT SIDE SETBACK, BUT WOULD TWO FEET ALLOW YOU TO DO SUCH A THING? UM, HONESTLY, I, I DON'T FEEL IT WOULD, I MEAN, 'CAUSE IT'S GONNA PUT ME RIGHT AT THAT POST. 
          YOU SEE THAT LEFT-HAND POST OF THAT, THAT LEFT-HANDED GATE? THAT'S, UH, LESS THAN TWO. 
          WELL, THAT'S ABOUT A FOOT AND A HALF, SO IT'S GONNA PUT IT RIGHT ON IT. 
          OKAY. 
          AND AS IT IS, WELL, I JUST, THAT, THAT OPENING'S 11 FEET. 
          WELL, WE'RE, WE'RE, I'M, I'M JUST TRYING TO FIGURE OUT WHAT YOU COULD, WHAT YOU COULD LIVE WITH, BECAUSE YOU STILL HAVE, YOU HAVE TO HAVE NINE OUT OF THE 10 OF US. 
          BOTH. 
          BOTH, YES, SIR. 
          UNDERSTAND ONE WAY, UNDERSTAND. 
          SO WE'RE, WE'RE, WE'RE TRYING TO FIND OUT WHAT IS, WHAT IS FUNCTIONAL FOR YOU, KNOWING THAT STAFF IS YES, SIR. 
          RECOMMENDING A DENIAL. 
          SO YOU'RE, YOU'RE SAYING THAT YOU NEED, YOU NEED THE ONE FOOT SETBACK FOR THIS TO WORK FOR YOU. 
          YES, SIR. 
          YES, SIR. 
          NOW, THE EIGHT INCHES O OVERHANG, I CAN SHORTEN THAT UP AND PUT, PUT IT ON THE INSIDE SO THAT WAY WHEN THE, THE GUTTER WOULD BE FLUSHED WITH THE VERTICAL POST, AND IT'LL BE NOWHERE NEAR, UH, IT'D BE LIKE ACTUALLY IN BETWEEN FROM THE FENCE AND MY, MY CONCRETE. 
          WELL, I'LL TELL YOU. 
          I, I, I WILL TELL YOU THAT, UH, YOU KNOW, HEARING THAT IS, IS GOOD, BUT ALSO HEARING THAT YOUR CARPORT IS INTENDED TO ONLY BE 15 FEET DEEP, UH, YOU KNOW, 1, 1, 1, JUST SO YOU KNOW, WHEN EMOTION'S MADE, UM, WE CAN, WE CAN STATE IT THAT THE, THE SETBACK CAN EXIST A CERTAIN DISTANCE FROM YOUR PROPERTY LINE, A CERTAIN DISTANCE BACK. 
          SO IF YOU'RE SAYING YOU'RE GONNA BUILD A CARPORT, LET'S SAY 10 FEET OFF YOUR PROPERTY LINE, WE CAN, WE CAN PUT IN THE MOTION THAT YOUR CARPORT WOULD BE ONE FOOT SETBACK, YOU KNOW, COMMENCING 10 FEET FROM THE PROPERTY LINE AND EXTENDING OUT THE 25 FEET. 
          AND THAT'S, DO YOU HAVE, DO YOU HAVE A, UH, A LOCATION FROM THE FRONT PROPERTY, LAND THAT YOU'RE INTENDING TO CONSTRUCT, UH, TO BE, TO BE HONEST WITH YOU, FROM THAT GATE THAT YOU'RE SEEING RIGHT THERE, THE BACK OF THAT TRUCK MM-HMM. 
          , I DON'T PLAN TO GO FORWARD OF THAT TOWARDS THE STREET. 
          OKAY. 
          OKAY. 
          BUT, BUT LIKE I SPOKE TO MR. MICHAEL, UH, UH, PEPE, THAT IF I WANTED FOR ONE CAR, LIKE SEE A 15 FOOT FROM THAT GATE, 15 FOOT FROM THAT GATE TO THE STREET, THAT WOULD BE IT. 
          [02:55:01]
AND I STILL HAVE ANOTHER, I DON'T KNOW, I GOT PLENTY OF FEET TOWARD, WHICH WOULD BE, I MEAN, IT'S WHERE BY MIDPOINT OF MY HOUSE AND MIDPOINT OF THE NEIGHBOR'S HOUSE. 
          SO YOU GOT THAT TOWARDS THE STREET STILL? NO CARPORT. 
          OKAY. 
          THANK YOU. 
          AND I DON'T PLAN TO PUT A CARPORT THERE. 
          THANK YOU. 
          UH, IS THERE ANY OTHER COMMISSIONERS' LIKE TO CHIME IN? OKAY. 
          SO WITH THAT IN MIND, UM, FOR THE APPLICANT, YOU HAVE THE, YOU HAVE UP TO THREE MINUTES TO PROVIDE ANY CLOSING REMARKS AND JUST, AND JUST BE, BE AWARE THAT, UH, YOU KNOW, STAFF IS RECOMMENDING DENIAL. 
          SO WE'RE LOOKING FOR ANY SORT OF INSIGHT THAT YOU CAN PROVIDE AS FAR AS, YOU KNOW, WHAT, WHAT WOULD BE FUNCTIONAL FOR YOU AND, AND, AND TO RESPOND TO ANY QUESTIONS. 
          SO, GO AHEAD. 
          OKAY. 
          OH, GO AHEAD. 
          YES, SIR. 
          UH, YES. 
          I'M JUST BASICALLY, LOOK, NOT, NOT TO, YOU KNOW, CREATE ANY PROBLEMS, ANY ISSUES FOR ANYBODY. 
          MY NEIGHBOR TOWARDS THE RIGHT THAT YOU'RE LOOKING AT. 
          HE, HE, THAT, THAT'S A PRETTY GOOD SIZED, UH, CARPORT. 
          THE BEACH HOUSE, YOU SEE, THEY JUST FINISHED A CARPORT THAT'S ACTUALLY, YOU KNOW, SHORTER FROM THE STREET. 
          I'M JUST LOOKING TO DO IT RIGHT. 
          UH, I DON'T CREATE NO BURDENS FOR MY NEIGHBORS. 
          I'M GONNA GET RID OF THE WATER, YOU KNOW, SEND IT TOWARDS THE STREET SO IT DOESN'T DEGRADE ANY, ANY PROPERTY FENCE, UH, FOUNDATION, NOTHING. 
          UM, IF I COME IN, IT'S JUST, IT'S, IT'S JUST NOT GONNA WORK BECAUSE THE GATE, IT, IT'S GONNA BE TOO CLOSE TO THE GATE, SO I HAVE TO KIND OF MAKE IT THROUGH THE GATE AND THEN LOOP AROUND. 
          SO I'M JUST PLEASE TO, YOU KNOW, ASKING THE POLICE, CONSIDER THAT IT, YOU KNOW, WE CAN, UH, YOU KNOW, AND I'LL FOLLOW THROUGH WITH THE, THE GUTTER SYSTEM. 
          YOU KNOW, I'VE ALREADY LOOKED INTO 'EM AT, AT HOME DEPOT AND OTHER, OTHER, UH, SITES LIKE LOWE'S. 
          UM, YOU KNOW, I'M JUST HOPING TO GET THIS, THE, THE TWO FEET REALLY WOULDN'T WORK. 
          THE, THE ONE FOOT, UH, SUCH AS MY NEIGHBORS ON THE, ON THE LEFT THAT YOU JUST PASS THROUGH, YOU KNOW, IT'S NOT GONNA BE QUITE THAT LARGE, AND I'M NOT GONNA COME BACK THAT FAR TOWARDS THE STREET. 
          BUT, UM, I'M JUST HOPING TO CONSIDER THAT, TO GRAB ME THIS VARIANCE. 
          AND, YOU KNOW, I PROMISE YOU THAT IT WILL BE PROFESSIONAL PROFESSIONALLY BID I BUILT. 
          I DO NOT WANT TO, UH, DECREASE THE VALUE OF THE NEIGHBORHOOD. 
          I DO NOT WANNA DECREASE THE VALUE OF MY HOUSE. 
          I'M TRYING TO DO UPGRADES AND SLOWLY BUT SURELY REMODEL AND DO WHAT'S RIGHT. 
          YOU KNOW, IF YOU LOOK INTO MY PERMIT, I'VE DONE FOR THAT, UH, THE, THE, UH, THE, FOR THE PROPERTY, YOU KNOW, I'VE DONE PERMITS AND DONE IT THE WAY IT SHOULD BE, SHOULD BE DONE. 
          AND, YOU KNOW, I JUST LOOKING TO PLEASE GET THIS VARIANCE. 
          AND THAT'S PRETTY MUCH, UH, ALL I HAVE. 
          THANK YOU. 
          OKAY, THANK YOU. 
          UH, IS THERE ANY COMMISSIONERS THAT WOULD LIKE TO MAKE A MOTION ON THIS O ZUNA, UH, COMMISSIONER UNA, REGARDING CASE NUMBER BO EIGHT DASH 21 DASH 3 5 2, I MOVED UP THE BOARD OF ADJUSTMENT GRANT. 
          THE REQUEST FOR A FOUR FOOT VARIANCE OF THE REQUIRED FIVE FOOT SIDE SETBACK IS REQUIRED IN TABLE THREE 10 DASH ONE TO ALLOW A ONE FOOT SIDE SETBACK WITH AN EIGHT INCH OVERHANG FOR A CARPORT SITUATED AT 3 51 CLIA AVENUE. 
          APPLICANT BEING MIGUEL GARZA, BECAUSE HIS TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. 
          SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. 
          THE VARIANCE REQUESTED IS NOT CONTRARY TO THE PUBLIC INTEREST. 
          THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC AND REQUESTED VARIANCE WILL PRESERVE THE PUBLIC INTEREST. 
          TWO, DUE TO SPECIAL CONDITIONS AND LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. 
          STAFF FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED WOULD RESULT IN UNNECESSARY HARDSHIP, THE VARIANCE REQUESTED WILL PROVIDE A SUFFICIENT, DRIVABLE AREA FOR THE RESIDENTS CARPORT. 
          THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN A 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 VARIANCE IS GRANTED. 
          THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED. 
          THE INTENT OF THE CODE IS TO PROVIDE DISTANCE FROM THE NEIGHBORING PROPERTY, AND THIS VARIANCE WILL PROVIDE IT FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USAGE SPECIFICALLY AUTHORIZED FOR THE ZONING DISTRICT, AND WHICH THE VARIANCE IS LOCATED. 
          NO USES OTHER THAN THOSE PERMITTED WITHIN THE DISTRICT WILL BE ALLOWED FOR THIS VARIANCE. 
          FIVE. 
          SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. 
          THE REQUESTED VARIANCE WILL NOT POSE A RISK OF SUBSTANTIAL INJURY. 
          THE USE OF ADJACENT PROPERTIES, IT DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. 
          THERE ARE SIMILAR, SIMILAR LIGHT STRUCTURES IN THIS AREA. 
          SIX. 
          THE PLIGHT OF THE OWNER OF THE PROPERTY TOWARDS THE VARIOUS FACADE IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT, AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT, WHICH THE PROPERTY IS LOCATED. 
          UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL. 
          THESE CIRCUMSTANCES CAME ABOUT, ABOUT THE SIZE OF THE SHAPE AND THE LOSS AND 
          [03:00:01]
OF MOTION. 
          IS THERE A SECOND? SECOND, UH, SECOND BY COMMISSIONER MAER. 
          COMMISSIONER ZUNA, PLEASE LEAD THE DISCUSSION. 
          RIGHT. 
          UH, SO I AM GOING TO SUPPORT THE VARIANCE. 
          THIS IS KIND OF A BINARY, RIGHT? THE APPLICANT, UH, PROVIDED TESTIMONY THAT EITHER THE REQUESTED VARIANCE FOR FOUR FEET IS, IS, UH, IS, UH, TO BE APPROVED OR BASICALLY HE CANNOT UTILIZE THE ALTERNATE RECOMMENDATION THAT THE CITY WAS PROPOSING. 
          SO, UM, YOU KNOW, IT'S, IT'S KIND OF A, A BINARY YES OR NO. 
          SO I'M JUST GONNA SUPPORT THE VARIANCE AS REQUESTED. 
          UH, ADDITIONALLY, THE NEIGHBOR HAS NO OPPOSITION FROM THE PROPERTY OWNERS MOST AFFECTED BY THE PROPERTY, AND NO OPPOSITION FROM THE NEIGHBORING NEIGHBORHOOD ASSOCIATION AND THE NEIGHBOR JUST, UH, TO THE, UH, ADJOINING PROPERTY, ABUTTING THE PROPERTY LINE HAS A, UH, YOU KNOW, SIMILAR CARPORT, UH, AND HIS WILL BE BUILT IN A PROFESSIONAL MANNER WITH ALL THE APPROPRIATE, UH, PERMITS PULLED AND A GUTTERING SYSTEM TO CONTROL THE WALL OF USAGE. 
          OKAY. 
          THANK YOU. 
          COMMISSIONER MANNA? UM, I AGREE WITH MY COLLEAGUE. 
          UM, I, UH, DO SEE THAT WHEN THE PREVIOUS CASE, UH, CAME THROUGH, THERE WAS SIMILAR DIALOGUE WITH REGARDS TO THE CITY'S PERSPECTIVE, AND THEN A SIMILAR CASE WITH REGARDS TO THE HARDSHIPS AND, AND THE, UH, POSITION OF THE PROPERTY ITSELF. 
          I KNOW THAT THERE AS IS ALWAYS THESE CASES TALKS ABOUT MITIGATION OF THE WATER FLOW. 
          SO I'M DISAPPOINTED THAT THE OTHER NEIGHBOR HASN'T TAKEN CARE OF IT YET, BUT THE CITY WILL HOPEFULLY KEEP UP WITH THAT AND, AND, AND, UH, COME TO RESOLUTION ON THAT. 
          AND IT'S GOOD TO HEAR THAT THIS, UH, UM, APPLICANT HAS COMMITTED TO, UH, PROVIDING FOR THAT WATER RUNOFF. 
          SO, SO I WILL BE VOTING IN FAVOR. 
          GREAT. 
          UH, IS THERE ANY OTHER COMMISSIONERS WHO WOULD LIKE TO ADD TO THE DISCUSSION? HEARING NONE. 
          UH, I HAVE A, THERE'S SOMETHING I NEED TO ADD. 
          THIS IS, THIS IS SOMETHING I'M NOT, UH, A FAN OF. 
          UH, THE PLOT PLAN IS SHOWING APPROXIMATELY 134 FEET OF CONTINUOUS PAVED, UH, UH, ROUTE FROM THE FRONT OF THE HOUSE TO THE, WHERE THE CONCRETE SLABS STOPS. 
          SO, STAFF, IF, IF THE MOTION AS READ IS APPROVED, WOULD HE HAVE THE ABILITY TO PROVIDE A CARPORT FOR THAT ENTIRE RUN SINCE THERE'S NO LENGTH, UH, AND NOTHING IN THE APPLICATION SEEMS TO REFLECT WHERE EXACTLY THIS IS GOING IN RELATION TO HIS LOSS, WOULD HE HAVE THE ABILITY TO THAT'S OKAY. 
          SO YEAH, ULTIMATELY, IF THE BOARD IS RECOMMENDING A, A SIDE VARIANCE, THAT WOULD APPLY TO THE INSIDE ENTIRE SIDE YARD. 
          SO, OKAY. 
          AS OF RIGHT NOW, THEY WOULDN'T LIMIT THAT. 
          SO MY, MY ISSUE IS, IS I, I, I CANNOT BE IN SUPPORT OF THIS WITHOUT HAVING SOME SORT OF LENGTH LIMIT. 
          I, I, I CAN'T HAVE IT BE OPEN-ENDED LIKE THIS. 
          NOT, NOT WHEN HE HAS 134 FEET OF, OF CONTINUOUS I AGREE. 
          CONCRETE DRIVE. 
          SO IS THERE, IS, IS THE APPLICANT HAS MENTIONED, UH, A 15 FOOT LENGTH WITH ADEQUATE, UM, I IS, UH, I, I NEED TO ASK THE APPLICANT STAFF. 
          IS IT, IS, UH, IS HE STILL ON THE LINE? YES, SIR. 
          HE'S STILL ON. 
          YES, SIR. 
          CAN YOU PLEASE PROVIDE A, A, A LOCATION FROM THE FRONT, FROM THE, FROM THE FRONT OF YOUR HOME TO THE, THAT, THAT, THAT, AS YOU'RE INTENDING TO BUILD THIS, THIS CARPORT IN THE FRONT OF THE HOME, THERE WILL BE FROM THE, THE, FROM THE GATE, OR FROM, I SHOULD SAY FROM THE STREET, BUT YOU SEE IN RELATION TO YOUR PLOT PLANT IN RELATION TO YOUR PLOT PLAN, THE PLOT PLAN THAT YOU PROVIDED HAS HA HAS A, A 11 FOOT WIDE DRIVEWAY THAT OPENS UP TO A 20.3 FOOT WIDE DRIVEWAY, AND THEN THERE'S A GATE. 
          WHERE IN RELATION TO THAT, ARE YOU LOOKING WHERE THE GATE, WHERE THE GATE IS FORWARD MM-HMM. 
           TO THE STREET? I PLAN TO PUT NO CAR FORWARD. 
          OKAY. 
          FROM THE, FROM THE GATE. 
          I HAVE JUST SPOKE TO, UM, UH, MICHAEL PPE AND THE, I DECIDED I CAN GO 15 IF IT'S EASIER. 
          I WON'T PUT NO CARPORT THERE. 
          I JUST  YOU'RE INTENDING IT FOR THE REAR? FOR THE REAR. 
          ARE, ARE YOU INTENDING TO BUILD A CARPORT BEYOND THE GATE FOR 15 FEET? NO, NO, NO. 
          UH, IF YOU'RE LOOKING FROM THE STREET, UH, COMING FROM THE STREET IN RELATION TO, I'M TALKING ABOUT THE STAFF, CAN YOU BRING, BRING UP THE PLOT PLAN. 
          OKAY. 
          UH, MR. GARCIA, CAN YOU SEE THAT ON YOUR COMPUTER SCREEN? UH, NOT YET. 
          OKAY. 
          UM, NOT YET. 
          ZOOM IN A LITTLE BIT, PLEASE. 
          STAFF. 
          OKAY. 
          THANK YOU. 
          UH, NOTHING YET. 
          OKAY. 
          OKAY. 
          SO, SO, OKAY. 
          THE, I'M TRYING TO SEE HERE. 
          FROM THE STREET TO THE WOODEN 
          [03:05:01]
GATE, GATE, MM-HMM. 
          . 
          YES. 
          THERE'LL BE, THERE WILL BE NOTHING. 
          THERE'LL BE NOTHING THERE. 
          OKAY. 
          AND BEYOND THE GATE. 
          BEYOND THE GATE, UH, TO WHERE THE DRIVEWAY, YOU HAVE A CONCRETE DRIVE, IT'S NOT BACK A CONCRETE DRIVEWAY, IT'S GONNA GO TO WHERE THE BUILDING? YES. 
          YES. 
          IT'S, IT'S JUST GONNA GO TO WHERE THE, THE BUILDING'S AT. 
          THAT'S IT. 
          IT'S NOT GONNA GO BEYOND THAT. 
          OKAY. 
          SO YOU HAVE A DIMENSION OF 40, SIR, YOU HAVE A DIMENSION OF 40 FEET FROM THE GATE TO THE END OF YOUR CONCRETE DRIVEWAY. 
          RIGHT. 
          WHERE WITHIN THAT 40 FEET ARE YOU IN? ARE YOU DESIRING TO PUT A CAR? YEAH, I, I, I, I WANNA PUT CON UH, A CARPORT THERE, BUT IT'S NOT GONNA BE ANYTIME SOON. 
          MY MAIN THING IS WHERE THE VERTICAL POOL STARTS. 
          SO IT'S GONNA BE JUST TO THE RIGHT OF THE STORAGE BUILDING. 
          SO TO THE RIGHT OF THE STORAGE BUILDING IS MAINLY WHAT I'M LOOKING FOR. 
          BUT I PUT THE SQUARE FOOTAGE BECAUSE I DON'T WANNA HAVE TO COME BACK LATER AND ASK FOR, UH, A VARIANCE FOR WHERE IT SAYS 17 AND A HALF POINT, 17.5 BY 40, AND THEN IT'S THE GATE. 
          SO BEYOND THAT GATE, TOWARDS THE STREET, THERE WILL BE NOTHING. 
          OKAY. 
          NO CARPORT. 
          SO I'M, YOU'RE BASICALLY WHERE THE HOUSE IS AT. 
          SO YOU'RE BEING, YOU'RE ASKING FOR A CARPORT THAT IS ONE FOOT OFF THE SIDE, PROPERTY LINE BEYOND THE GATE, AND IT'S GOING TO START HOW MANY FEET BEYOND THE GATE? I'M ASKING YOU WHERE YOU WOULD, WHERE ARE YOU INTENDING TO THE CARPORT? BECAUSE, YOU KNOW, UNLESS I HAVE, OH, IT'S GONNA BE, UH, IT'S GONNA BE, BE AT LEAST, UH, THREE TO FIVE FEET FROM THE WOODEN GATE TOWARDS THE BACK. 
          OKAY. 
          OKAY. 
          SO IF THE MOTION, IF, IF, IF THE MOTION WERE TO BE RED, THAT THE CARPORT WOULD COMMENCE BETWEEN, LET'S SAY THREE FEET AND 23 FEET FROM THE GATE, THAT GIVES YOU A 20 FOOT AREA THAT WOULD BE ACCEPTABLE TO YOU? UH, UH, CAN YOU REPEAT THAT PLEASE? THREE FEET BETWEEN THREE FEET FROM THE GATE EXTENDING OUT 20 FEET LONG. 
          THAT'S A, THAT'S FROM GOING TOWARDS THE BACK, CORRECT? YES. 
          YEAH. 
          THREE FEET TO 20 SOME FEET FROM THE GATE? YES. 
          OKAY. 
          THE CARPORT WILL NOT GO OVER THE GATE. 
          IT WILL NOT GO OVER THE GATE. 
          OKAY. 
          WELL, UH, SO FOR THE REST OF THE, BASICALLY, BASICALLY IT'LL BE THE, OKAY, THANK YOU. 
          IT'LL BE THE SAME LENGTH AS THE NEIGHBORS. 
          OKAY. 
          THANK YOU, SIR. 
          WHERE HIS END? THAT'S PRETTY MUCH WHERE MINE'S AT. 
          THANK YOU. 
          THANK YOU. 
          MM-HMM. 
          . 
          SO FOR THE, SO FOR THE COMMISSIONERS, I'M, WHERE MY COMMENTARY IS, IS THAT I NEED, I NEED TO HAVE SOME SORT OF LOCATION COMPONENT. 
          UH, I DON'T WANT TO GIVE HIM 134 FEET OF CARPORT. 
          SO IF HE'S SAYING THREE FEET FROM THE GATE AND HE'S 15, I'LL MAKE IT 20. 
          I CAN LIVE WITH THAT. 
          I CAN EVEN GO 25 FEET. 
          I CAN LIVE WITH THAT TOO, BUT, BUT, YOU KNOW, I GOTTA HAVE SOME SORT OF A, OF A LIMIT ON HERE. 
          IS THERE ANY, ANY OTHER COMMISSIONERS THAT WOULD LIKE TO CHIME IN ON THAT? BRAGMAN, UH, COMMISSIONER BRAGMAN? UH, I'M IN AGREEMENT CHAIR. 
          OKAY, THANK YOU. 
          SO, UH, CHAIRMAN, SO COULD WE JUST SAY 50 FOOT BACK FROM THE FRONT PROPERTY LINE AND, AND 25 FOOT, UH, LENGTH AND BASICALLY YES, THAT WOULD BE PERFECT. 
          OKAY. 
          SO COMMISSIONER AONA, YOU'RE THE MAKER OF THE MOTION TO, UH, IS THAT SOMETHING YOU WOULD LIKE TO AMEND YOUR MOTION TO? YES, I'LL ACCEPT THE FRIENDLY, IT'D BE A FRIENDLY AMENDMENT. 
          I ACCEPT THE FRIENDLY AMENDMENT. 
          YES, SIR. 
          COMMISSIONER AMENDMENT. 
          I'M, I'M SORRY TO INTERRUPT, BUT, UH, EXACTLY. 
          I'M, I'M PHYSICAL CONFUSED HERE. 
          SO THE, WHERE THE STORAGE, THE STORAGE IS, UM, WHERE THE STORAGE IS FROM THAT POINT, I WOULD LIKE TO BUILD IT FROM THAT CORNER ON THE RIGHT SIDE TOWARDS THE RIGHT, MM-HMM. 
          , AND THEN, UH, DOWN, WHICH WOULD BE TOWARDS THE FRONT OF THE HOUSE. 
          OKAY. 
          SO IN FRONT OF THE, THE PROPERTY. 
          OKAY. 
          SO LET ME, I'M GOING TO BE, YOU HAVE A, ON YOUR PLOT PLAN, YOU HAVE A, UH, SOMETHING ENTITLED STORAGE SHOP TO THE RIGHT OF THAT, AND FROM THAT POINT TO THE RIGHT. 
          YES, SIR. 
          FROM THAT POINT, YOU HAVE A 29 FOOT WIDE AND 30 FOOT DEEP CONCRETE SLAB, CORRECT? UH, YES. 
          OKAY. 
          SO YOU'RE ASKING TO CONSTRUCT A CARPORT COMMENCING AT THE END OF THAT, WHICH ACCORDING TO YOUR PLOT PLAN, IS 134 FEET BACK FROM THE FRONT OF YOUR YARD, A HUNDRED. 
          AND YOU'RE, YOU'RE ASKING TO BUILD A, I I MEAN THAT FOR THAT SECTION, THAT 30 FOOT SECTION? YEP. 
          YOU'RE ASKING FOR A, FOR A CARPOOL. 
          OKAY. 
          YES. 
          FROM, FROM THAT POINT FORWARD. 
          OKAY, SO COMMISSIONER ZUNA, COMMISSIONER MANANA, DID YOU CATCH THAT? WELL, THAT'D BE A HUNDRED HUNDRED, 104 FEET BACK THEN. 
          YEAH. 
          SO IT, IT WOULD, IT WOULD BE FROM A HUNDRED AND IT WOULD BE FROM 104 TO 134 FEET. 
          IT, IT WOULD BE NO MORE THAN 70 FOOT, NO MORE, NO MORE, NO MORE THAN 70 FOOT LONG. 
          EITHER A 40 AND A 30. 
          NO MORE THAN, BUT YOU'RE ASKING FOR A 70 
          [03:10:01]
FOOT LONG CARPORT? NO, NO MORE THAN THAT. 
          I THOUGHT IT WAS 15 FOOT. 
          YEAH, I THOUGHT YOU SAID 15 FOOT, SIR. 
          YEAH, NO, NO, NO, NO. 
          IT'S WHAT I HAD SPOKEN TO MIKE, THAT IT WAS 15 SEATS FROM THE FORWARD GATE, FROM THE GATE FORWARD. 
          BUT I'M NOT GONNA, I JUST, I'M NOT GONNA PUT A GATE IN THE FRONT. 
          OKAY. 
          SO THAT, OKAY. 
          SO, SO FOR COMMISSIONER ZUNA AND COMMISSIONER MANNER, THIS IS WHAT WE'RE DELIBERATING, UH, THE APPLICANT IS, IS, IS SAYING THAT HE, HE IS ONE AND ONE THAT ENTIRE RUN ONE FOOT OFF THE SIDE PROPERTY LINE. 
          WHAT ARE YOUR THOUGHTS ON THAT? SO, SO MY VARIANCE WAS OPEN AS TOWARDS THE LENGTH OF THE, OF THE, OF THE CARPORT. 
          SO THE FRIENDLY AMENDMENT WOULD BE WHATEVER YOU'RE PROPOSING, MR. CHAIRMAN. 
          YEAH. 
          SO I WOULD, THAT'S WHAT WE NEED TO DELIBERATE. 
          HOW MUCH DO YOU WANT TO GIVE THEM? 70, A 70 FOOT LONG CARPORT? LESS THAN THAT. 
          WHAT, WHAT, WHAT WOULD Y'ALL LIKE WITH WELL, MY MOTION WAS OPEN, SO  YEAH, I'LL, I'LL, I'LL START IT. 
          MY FRIENDLY AMENDMENT WOULD BE, WOULD, WOULD BE FOR A, UH, I'LL GIVE THEM TWO CAR LENGTHS. 
          LET'S SAY 35 FEET. 
          I CAN LIVE WITH THAT. 
          MM-HMM. 
          , LIKE, YOU KNOW, FROM COMMENCING FROM A HUNDRED, SO IT'D BE A HUNDRED AND, AND, UH, 134 FEET, UH, 99 FEET TO 134 FEET FROM THE FRONT. 
          THAT'D BE A, THAT'D BE 35 FEET. 
          I EVEN GO TO 40, BUT I'M, I CAN'T LIVE WITH 70. 
          SO WHAT, WHAT, WHAT ARE Y'ALL? OKAY. 
          ANY OTHER COMMISSIONERS LIKE TO PRO PROVIDE ANY COMMENTARY ON THIS? SO, COMMISSIONER BRAGMAN, UH, I'M IN AGREEMENT. 
          I WOULD SAY 35 AT THE MAX. 
          THAT'S TWO CAR LENGTH. 
          OKAY. 
          THAT'S MORE THAN ENOUGH. 
          SURE. 
          SO THAT, THAT WOULD MEAN THAT THE FRIENDLY AMENDMENT THEN IS FOR A ONE FOOT FIVE SETBACK COMMENCING FROM A HUN FROM 99 FEET, UH, FROM THE FRONT PROPERTY LINE EXTENDING OUT TO 134 FEET? YES. 
          OKAY. 
          YES, COMMISSIONER, SHE, WOULD IT BE, UM, COULD WE, DO WE HAVE TO SPECIFY EXACTLY WHERE HE'S GONNA PUT IT? BECAUSE I, IF WE, I GET THE SENSE THAT HE'S LIKE POSSIBLY WANTING IT BY THE STORAGE SHED, OR POSSIBLY JUST BEHIND THE GATE. 
          LIKE, CAN WE JUST SPECIFY A LENGTH THAT'S BEHIND THE GATE? WE CAN, UH, IF WE DON'T SPECIFY SOMETHING, HE'S, YOU KNOW, THAT'S, THAT'S WHAT WE'RE DELIBERATING. 
          SO RIGHT NOW HE'S ASKING FOR 70 FEET BASED ON THIS PLOT PLAN. 
          IF WE DON'T, IF WE DON'T ADJUST THAT, WELL THEN HE CAN BUILD THE 70 FEET. 
          SO, RIGHT. 
          I'M SUGGESTING WE SAY 35 FEET. 
          OKAY. 
          AS LONG AS IT'S IN THE REAR OF THE PROPERTY STAFF. 
          IS THAT AN ACCEPTABLE DESCRIPTION? UH, SHOULD IT, SHOULD IT SAY BEHIND THE GATE OR BEHIND THE GATE? THIS IS FISHER COMMISSIONER. 
          IS IT POSSIBLE THEY COULD MOVE THE GATE? THAT'S TRUE. 
          YEAH. 
          WE NEED TO PROVIDE SOME POINT OF COMMENCEMENT. 
          SO THE QUESTION BEFORE STAFF, IS IT POSSIBLE FOR US TO MAKE A MOTION TO SAY A 35 FOOT LONG CARPORT? THAT THAT COULD LIE, UH, ANYWHERE THAT, UH, 54 FEET OR BEYOND FROM THE FRONT PROPERTY LINE? IS THAT AN ACCESSIBLE MOTION? YEAH. 
          STAND BY. 
          WE'RE, WE'RE REVIEWING IT RIGHT NOW. 
          DO WE KNOW IF THE GATE OPENS IN OR OUT OR SIDEWAYS? WE DO NOT. 
          BRUCE, COMMISSIONER, IT, IT SOUNDS LIKE IT OPENS BACKWARDS BECAUSE HE IS SAYING THAT THE TRUCK CAN, CAN GO THROUGH THE GATE TO THE BACKYARD. 
          SO IT MUST, IT MUST, YOU MUST BE ABLE TO, I'M ASSUMING HE MUST BE ABLE TO PUSH IT BACK. 
          YEAH, IT DOES MATTER. 
          IT GOES OUT TOWARDS MATTER. 
          HE CAN'T, HE CAN'T PUSH, HE CAN'T DRIVE THE TRUCK TO THE BACK OF THE YARD. 
          RIGHT. 
          I THINK IF WE GO WITH, UH, UH, I GUESS A CERTAIN FOOTAGE BEHIND THE FRONT SAW, AND IT'S CLEARLY STATED, I GUESS, YOU KNOW, IDENTIFYING THAT IT'S BEHIND THE FRONT SIDE OF THE BUILDING, MAYBE SOMETHING LIKE THAT. 
          IT, IT IS UNUSUAL. 
          I WON'T, YOU KNOW, I'LL GIVE YOU THAT, BUT, SO IF WE CAN PUT IN A MANNER WITHIN THE NOTICE OF DECISION THAT IS UNDERSTOOD, YOU KNOW, BY PLAN REVIEW, SO WE COULD, SO, SO THEN THE FRIENDLY AMENDMENT WOULD BE FROM, UH, TO ALLOW A, UH, A CARPORT TO BE CONSTRUCTED ONE FOOT OFF THE SIDE, UH, MAXIMUM LENGTH OF 35 FEET COMMENCING 55 FEET FROM THE FRONT PROPERTY LINE, OR BETWEEN 55 AND 134 FEET. 
          THAT'S CLEAR. 
          THAT'S CLEAR. 
          OKAY, 
          [03:15:01]
COMMISSIONER? YEAH. 
          AMENDMENT ACCEPTED. 
          OKAY. 
          YEAH. 
          SO, SO WE HAVE A MOTION ON THE TABLE, UH, FOR, UH, A ONE FOOT SIDE SETBACK ALLOWANCE, UH, UH, FOR A 35 FOOT LONG CARPORT, UH, AND TO LIE SOMEWHERE BETWEEN 55 AND 134 FEET FROM THE FRONT PROPERTY LINE. 
          YES. 
          CORRECT. 
          GREAT. 
          SO, SIR, SIR, I'M GONNA, I'M GONNA SAY ALLOWING A DESK, GIVE OR TAKE IS NOT VERY CLEAR. 
          SO IF YOU'RE, IT'S EASIER TO STATE WHERE YOU'RE GONNA START USING THE FRONT FACADE OF THE HOUSE. 
          OKAY. 
          SO IS THIS MEASUREMENT FIVE FEET BEHIND THE FRONT FACADE OF THE HOUSE? IS IT 15 FEET? WE JUST, WE JUST NEED TO KNOW WHERE YOU WANNA START IT BEYOND THE FRONT SIDE OF THE HOUSE. 
          OKAY. 
          THE PLOT PLAN SHOWS THE HOUSE TO BE 30 FEET TO GET TO THE FRONT, TO THE REAR. 
          SO I WOULD SAY 30 FEET FROM THE FRONT OF THE HOUSE. 
           SO ACCEPTED. 
          SO IT CAN'T START UNTIL WE MEASURE 30 FEET FROM THE FRONT FACADE. 
          WELL, THAT'S ON THE PLOT PLAN. 
          HE IS SAYING IT'S 30 FEET TO THE GATE, WHICH IS AT THE BACK OF THE HOUSE. 
          BACK OF THE THE HOUSE. 
          ALRIGHT. 
          SO, SO BASICALLY WHAT YOU'RE SAYING IS THAT THE CARPORT WOULD START AT THE REAR FACADE OF THE HOUSE. 
          IT, IT COULD POTENTIALLY START AT THE REAR FACADE OF THE HOUSE, BUT IT CAN ONLY BE 35 FEET LONG. 
          IT DOESN'T MATTER WHERE IT LIES IN THE REAR, IT JUST, RIGHT. 
          'CAUSE IF HE STARTS ON THE REAR CONCRETE SLAB, THEN CLEARLY IT'S NOT GONNA START AT THE REAR OF THE HOUSE. 
          YEAH. 
          SO CATHERINE, ON THE, ON THE PLOT PLAN, ON THE, FROM THE, FROM THE, THE GATE IS, IS REFLECTED AT THE REAR OF THE HOUSE. 
          AND FROM THE GATE HE HAS 80 FEET OF RUN. 
          AND WE'RE, WE'RE, WE'RE WANT, WE'RE WANTING TO GRANT A VARIANCE TO PROVIDE A 35 FOOT LONG CAR PORT SOMEWHERE WITHIN THAT 80 FEET. 
          ALRIGHT, WELL THEN I, I MEAN, JUST TO STATE THAT IT WON'T START, UH, UNTIL 54 FEET BEHIND THE PROPERTY LINE PERIOD. 
          THAT'S WHAT WE DID. 
          WELL, SO YOU WERE GIVING A MORE OR LESS, THE 54 FEET TO SUCH AND SUCH FEET. 
          I WOULD JUST STICK TO NO CLOSER THAN 54 FEET FROM THE PROPERTY LINE. 
          OKAY. 
          SO THEN THE MOTION I'M REQUESTING AMENDED IS FOR TO ALLOW A ONE FOOT SIDE SETBACK, UH, FOR A CARPORT THAT IS NO LONGER THAN 35 FEET LONG COMMENCING, UH, THEY'RE AT A POINT 54 FEET OR BEYOND FROM THE FRONT PROPERTY LINE, NO CLOSER THAN 54 FEET TO THE PROPERTY LINE, NO CLOSER THAN 54. 
          NO CLOSER THAN 54 FEET FROM THE FRONT PROPERTY LINE. 
          SO, COMMISSIONER ZUNA, IS THAT ACCEPTABLE? ACCEPTED. 
          THANK YOU. 
          UH, COMMISSIONER MANNA ACCEPTED. 
          OKAY. 
          SO THAT'S THE MOTION BEFORE US, UH, ANY COMMENTARY BEFORE WE ASK FOR A ROLL CALL? VOTE. 
          ALL RIGHT. 
          STAFF ROLL CALL. 
          VOTE PLEASE. 
          ALL RIGHT. 
          ROLL CALL. 
          VOTE ON THE AMENDMENT. 
          UH, MICHELLE, WELL, NOT IN THE AMENDMENT, IT WAS THE MOTION'S CHANGED MOTION. 
          THERE'S A FRIENDLY, FRIENDLY MOTION, THOUGH. 
          OH, IT'S A FRIENDLY AMENDMENT. 
          OKAY. 
          FRIENDLY AMENDMENT. 
          OKAY. 
          YES, THAT FRIENDLY AMENDMENT. 
          ALL RIGHT. 
          UH, MICHELLE, I CONCUR. 
          MR. MAKA. 
          I CONCUR. 
          AND THANKS FOR THE CLARIFICATION, COMMISSIONER. 
          NO PROBLEM. 
          MS. CRUZ. 
          YES, I CONCUR. 
          MR. MANA. 
          I CONCUR WITH THE FINDINGS OF FACT, MS. BREGMAN. 
          I CONCUR WITH THE FINDINGS OF FACT, MR. DELMER. 
          I CONCUR. 
          MS. FISHER? YES, I CONCUR. 
          MR. TE YES, I CONCUR. 
          MR. ZUNA? YES, I CONCUR. 
          PINCH ORIAN AND I ALSO CONCUR. 
          MOTION PASSAGE UNANIMOUSLY. 
          UH, YOU KNOW, I WANT TO SAY THANKS EVERYBODY FOR, FOR PUTTING UP WITH ME ON THAT. 
          I JUST, SOMETIMES IT'S HARD TO DO THIS OVER THE, UH, OVER THE WEBCAM. 
          SO, UH, LET'S, 
          [6. 21-4166 BOA-21-10300036]
UH, MOVE ON TO THE NEXT CASE, PLEASE. 
          OUR LAST ONE, ITEM SIX. 
          THE OA CASE, 21 1 0 3 0 0 0 3 6. 
          ADDRESS AT 30 18. 
          CHARTER CREST STREET COUNCIL, DISTRICT NINE. 
          APPLICANT IS  REQUEST FOR A SPECIAL EXCEPTION, BUT IS FIVE FOOT, PREDOMINANTLY OPEN FENCE IN SECTION 35 5 14 TO ALLOW A FRONT YARD FENCE TO BE AN EIGHT FOOT TALL PRIVACY FENCE. 
          CURRENT ZONING IS R FIVE. 
          SUCH PROPERTY IS LOCATED INSIDE A RESIDENTIAL SUBDIVISION NEAR THE INTERSECTION OF BEN JACKSON ROAD AND NANTUCKET DRIVE. 
          APPLICANT SEEKING A SPECIAL EXCEPTION FOOT PRIVACY FENCE IN THE FRONT YARD. 
          HERE'S THE SITE PLAN SHOWING THE FRONT YARD AREA WHERE THE, UH, FENCE IS LOCATED. 
          [03:20:01]
SLIDE SUBJECT PROPERTY. 
          THE APPLICANT'S, UH, ELEVATIONS DO READ SIX FOOT AND CHANGE. 
          HOWEVER, WHEN WE WERE OUT STAFF, UH, ANNOTATED, IT IS ACTUALLY EIGHT FEET FROM GROUND LEVEL, UM, WHERE THE, UH, RETENTION WALL IS HOLDING THE WALL OR THE, THE SOIL. 
          SO IT IS AN EIGHT FOOT, THE SUBJECT PROPERTY REAR. 
          THE REAR SUBJECT PROPERTY IS FINE AS THE ELEVATIONS ARE CHANGED. 
          AND ATTORNEY NEIGHBORHOOD. 
          OKAY. 
          AND STAFF RECOMMENDS DENIAL AND B O 21, 1 0 3 0 0 0 3 6 BASED ON THE FOLLOWING FINDINGS OF FACTS, THE PROPOSED SPECIAL EXCEPTION IS NOT IN HARMONY WITH THE, UH, PURPOSE OF THE FENCE HEIGHT STANDARDS, AND THE FENCE HEIGHT IS NOT COMMON IN THE NEIGHBORHOOD. 
          FIVE 14 NOTICES WERE SENT OUT. 
          11. 
          WERE IN FAVOR. 
          ZERO IN OPPOSITION. 
          UH, 12 IN FAVOR OUTSIDE THE 200 FOOT RADIUS, NO RESPONSE FROM THE EVENTS. 
          JACKSON NEIGHBOR ASSOCIATION. 
          UM, WE DO HAVE THE APPLICANT ON THE LINE. 
          MR. BADA, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION. 
          THANK YOU. 
          UH, YEP. 
          MY NAME IS, UH, GILBERT BARRERA, UH, FROM 30 18 CHARTER CREST, SAN ANTONIO, TEXAS 7 8 2 3 0. 
          UH, WHICH IS THE RESIDENCE THAT WAS PRESENTED HERE AT THIS, THIS BOARD MEETING. 
          SO I APPRECIATE, UH, FIRST OF ALL THE, UH, THE BOARD FOR, UH, AND I KNOW I'M AT THE TAIL END OF YOUR AFTERNOON, AND I'LL, I'LL TRY TO MAKE THIS AS BRIEF AS POSSIBLE. 
          SO, COULD WE SHOW THE, JUST, YEAH, SO THAT'S A HIGH LEVEL, UH, BASICALLY WANTED TO SHOW THAT THE, WHAT WE'RE TALKING ABOUT IS THE FENCE. 
          THE WHAT'S AN ORANGE WOULD BE THE, UH, THE FENCE THAT, UH, WE'RE TALKING ABOUT HERE. 
          AND THEN WHAT'S IN YELLOW ARE THE RETAINING WALLS, UH, THAT THAT'LL BE REFERENCING OR SHOWING PICTURES OF HERE, UH, FOLLOWING THIS, THIS SITE PLAN. 
          CAN WE SCROLL DOWN? UH, SO I GUESS WE'RE LOOKING AT THE FENCE ELEVATION, WHICH SHOWS THE ACTUAL FENCE FROM THE RETAINING WALL. 
          UH, I GUESS YOU'RE SEEING THAT. 
          I'M NOT SURE. 
          YES. 
          YES, SIR, WE ARE. 
          OH, THANK YOU. 
          THANK YOU. 
          I, UH, I KNOW THAT I'M ON A DELAY, SO I DON'T WANNA SHOOT. 
          SO OFF MARK HERE. 
          UM, OKAY. 
          SO, UM, THEN I'D LIKE TO PROCEED WITH, UH, THE PHOTOS DOCUMENT. 
          OH, YEAH. 
          THERE. 
          OKAY. 
          I SEE THAT. 
          UM, OH, THAT'S AN OLD DOCUMENT. 
          OKAY. 
          IT'S ALRIGHT. 
          GO AHEAD AND PROCEED. 
          I, I'M LOOKING FOR THE, UH, PHOTOS DOCUMENT, WHICH WOULD BE LABELED ON THE TOP RIGHT. 
          PHOTO DOCUMENT ONE. 
          ARE WE THERE? YES. 
          OKAY. 
          THANK YOU. 
          UH, SO, UH, THERE ARE THREE CONDITIONS AND YOU CAN SEE THE TIME PERIOD THAT CERTAIN THINGS HAPPENED WHEN WE FIRST MOVED INTO THE RESIDENCE. 
          UH, THE FIRST ONE IS SHOWING YOU, UM, THAT, THAT, UH, WHEN WE FIRST MOVED INTO THE HOME IN 93, AFTER THE FIRST RAIN OR SO, YEAH, THAT WOULD BE THE TOP LEFT, UH, PICTURE, IF YOU SEE THE SQUIGGLY LINES, UH, THE TWO SQUIGGLY LINES THERE BETWEEN THE FENCE AND THE WALL, THAT WAS THE ORIGINAL GROUND. 
          UM, I NOTICED THAT THE WEEP HOLES WERE BELOW THAT LEVEL BECAUSE, UH, AFTER SOME RAINS, I NOTICED SOME BUBBLING ON TOP OF THE BASEBOARDS IN THE DINING ROOM, WHICH IS THAT WALL, THAT BRICK WALL GOING OUT AND TRYING TO FIND WHERE THAT MOISTURE'S BEING RETAINED. 
          I, I DISCOVERED THAT. 
          SO I QUICKLY DUG ABOUT TWO FEET DEEP. 
          'CAUSE THEY WERE THERE ABOUT A FOOT AND A HALF, UH, UNDERGROUND. 
          DON'T KNOW IF THAT WAS JUST, UH, UH, STUFF THAT CAME DOWN FROM THE UPPER, YOU KNOW, 'CAUSE THIS IS ON THE BOTTOM OF THE HILL. 
          UH, I DOUBT IT WAS BUILT LIKE THAT FROM THE BEGINNING. 
          BUT ANYWAYS, UH, THAT'S WHEN THIS RETAINING WALL CAME INTO PLAY. 
          THE ACTUAL FENCE WAS NEVER MOVED, WASN'T, UM, UH, RELOCATED OR ALTERED IN ANY WAY, EITHER THE, THE LINE OR THE HEIGHT. 
          AND IF YOU LOOK AT THE RIGHT SIDE, THE RIGHT PICTURE THAT IS THAT GATE, UM, THAT, UH, I PUT IN THERE. 
          IF YOU LOOK ON THE, AT THE VERY TOP, WHICH SHOWS THE HEIGHT BEING 7.34 INCHES, I HAD TO PUT THAT SUPPORT FENCE, THAT SUPPORT, UH, SUPPORT BEAM BECAUSE THE GATE KEPT TILTING, UH, THE, THE, UH, PIPE AND THE FOUR 
          [03:25:01]
BY FOUR COLUMN THAT WAS EMBEDDED IN, IN THE CONCRETE FOOTING. 
          IT JUST WOULDN'T HOLD IT, IT KEPT BENDING IN. 
          THIS WAS ACTUALLY OUR FIFTH REPLACEMENT OF THAT GATE. 
          I'M HOPING THAT THIS TAKES CARE OF THAT. 
          ON THE LEFT HAND SIDE, I SEE THE BLUE MARK. 
          THE ORIGINAL FENCE WAS A ANGLE. 
          UH, AND THEN, UH, WE JUST GOT, I REACHED OUT TO, UH, A COUPLE OF PEOPLE THAT ARE IN THE BUSINESS, IN ARCHITECTURAL DESIGN AND IN, UM, UH, DESIGN DETAILS THAT THEY SUGGESTED. 
          THE CLEANER LINES ARE, ARE FLAT OR, AND RAT, AND I EVEN NEEDED IT TO JUST BE ABLE TO PUT THAT SUPPORT BEAM ON THE TOP. 
          SO THAT WAS THE ONE THING WE HAD TO DO JUST TO PROTECT THE, THE STRUCTURAL INTEGRITY OF THE HOUSE TO NOT, YOU KNOW, GET WATER INTO OUR, OUR, UH, WALL OR THE CONCRETE WALL. 
          UH, THEN THE SECOND ITEM, UH, WHICH IS A PICTURE IN THE MIDDLE, UH, WHICH SHOWS, UH, I, I HAVE IT LABELED AS NUMBER TWO. 
          UM, BACK IN 96, AFTER, YOU KNOW, THREE OR FOUR YEARS, UH, EVERY TIME, UH, OUR NEIGHBOR, UH, EMPTIED OUT THE POOL, IT WOULD ACTUALLY FLOW OVER HALF OF OUR YARD. 
          AND, UM, UH, IT IS HALF OF THE YARD WOULD GET, UH, DAMAGED. 
          UH, I DON'T KNOW WHAT CHEMICALS IN IT, BUT, YOU KNOW, I BASICALLY HAD TO REPLACE RESAW AND PUT A LITTLE FRESH DIRT. 
          AND, UH, SO I TALKED TO THE NEIGHBOR ABOUT ADDING A LITTLE RETAINING WALL THERE TO JUST GO AHEAD AND CHANNEL THE WATER STRAIGHT TO THE STREET AS OPPOSED TO IT RUNNING ACROSS THE YARD. 
          AND THEN, UH, AT THE TIME, WE JUST DID THE LITTLE RETAINING WALL, AND THEN WE FAILED. 
          UH, I THREW JUST A BUNCH OF ROCK, UH, ON TOP OF IT, JUST AS A DECORATIVE PIECE THAT HELPED THAT SITUATION. 
          THE PICTURE ON THE RIGHT OF THAT, UH, FRONT GAS DAMAGE AREA, THE SQUEAKING LINES IS BASICALLY THE ORIGINAL. 
          I MEAN, IT WAS SLOPED, SO IT KIND OF WAS A HUMP, UH, BETWEEN OUR HOMES. 
          UH, AND THAT WAS FLATTENED, RIGHT, TO ALLOW THE WATER TO FLOW EASILY DOWN, UH, TO THE STREET. 
          THEN THE NEXT THING, UH, NUMBER THREE, WE HAD A LANDSCAPE EROSION. 
          UH, WHEN I MARRIED, UH, MY WIFE, FIRST THING SHE LOOKED AT WAS, SHE SAID, YOU KNOW, WE NEED TO HAVE A LITTLE BIT OF, UH, LANDSCAPING TO MAKE IT LOOK A LITTLE MORE PLEASANT. 
          IT WAS NICER. 
          WHAT YOU SEE ON THAT FIRST PICTURE UNDER THE, UNDER THE SECTION THREE, THE LITTLE TRIANGULAR RED SECTION, THAT WAS WHERE, YOU KNOW, WE HAVE PAID A LITTLE OVER $4,500 TO ADD SOME, YOU KNOW, TO HAVE THEM RE-PLUMB AND DO THE LANDSCAPING. 
          UH, IT WASN'T ONLY THAT SECTION, BUT IT WAS OTHER PARTS OF THE HOUSE AS WELL, UH, THE FRONT YARD. 
          BUT, UH, AFTER A COUPLE OF YEARS, BECAUSE OF THE, THE FLOW OF THE WATER, UH, AND THE RAIN, IT COMPLETELY ERODED. 
          WHERE WE HAD, UM, UH, ALL OF THE VEGETATION WAS THE ROOTS WERE EXPOSED, THEY DIED. 
          ALSO, THE, UH, PIPES WERE ALL STICKING OUT. 
          THE, THE HEADS, THE SPRINKLER HEADS AND PIPES WERE STICKING OUT. 
          SO WE KIND OF WERE, UH, BUMMED OUT ABOUT THAT. 
          AND WE FIGURED THE, UH, FOUND OUT THAT THE BEST WAY TO DO THIS WAS BY PUTTING THESE STILL PLANTERS, WHICH THEY DID TAKE CARE OF IT. 
          AND SO THIS, YOU SEE A COUPLE OF PICTURES OF WHERE THOSE PLANTERS WERE ADDED TO, UH, FOR THE, UH, TO BASICALLY LEVEL THE GROUND BOTH, UH, ON THAT SIDE AND ALSO TO LEVEL THE GRASS SO WE DIDN'T HAVE THAT EROSION ON THE GRASS. 
          OKAY, YOU CAN GO TO THE NEXT SLIDE, PLEASE. 
          THAT WOULD BE THE VIEW FROM THE FRONT DOOR OF THE RESIDENCE. 
          IT'D BE PHOTO DOCUMENT NUMBER TWO ON THE TOP. 
          AND I'M JUST SHOWING THE FRONT SIDE OF THAT GATE, UM, THAT I SHOWED YOU ON THE PREVIOUS PICTURE. 
          UH, AND THEN YOU COULD SEE, UH, THE, THIS IS BASICALLY FROM THE PERSPECTIVE OF THE ELEVATION OF THE FRONT, UH, PATIO OF, UH, OUR, THE FRONT ENTRANCE, UH, TO OUR HOME. 
          UH, AND I JUST KIND OF  HAVE, I DON'T HAVE ALL THOSE FANCY TOOLS, BUT I DID A LITTLE BIT OF RENDITION IN THERE TO SHOW, UM, THAT, YOU KNOW, WE, THIS IS OUR INTENT, JUST WE'RE BUYING SOME, UH, PLANTS THAT ARE HANG ON THE WALL AND, YOU KNOW, IT KIND OF GIVES YOU AN IDEA OF WHAT WE'RE DOING THERE TO MAKE IT NICER FOR US. 
          UM, AND THEN YOU SEE ON THE BOTTOM LEFT HAND SIDE, AGAIN, JUST, UH, THE VIEW FROM THE, THE DRIVEWAY AREA WHERE YOU CAN SEE THAT THE ELEVATION, UH, OF, OF THE FENCE RELATIVE TO THE ENTRANCE TO THE HOME. 
          OKAY, UH, THEN PAUL, AND THEN THERE WAS, GO TO PHOTO DOCUMENT NUMBER THREE. 
          THIS WOULD BE, UH, PROBABLY'S MOST IMPORTANT. 
          UH, PART OF THIS IS THAT, UM, THERE IS NO OBSTRUCTION. 
          SO, UM, MY, MY NEIGHBOR ALLOWED ME TO PARK MY VEHICLE, UH, IN, UH, THEIR DRIVEWAY, UH, TO SHOW THAT, THAT, UH, THERE IS CLEAR VISION OF STREET TRAFFIC. 
          UH, THERE'S NO OBSTRUCTION WHATSOEVER FOR, YOU KNOW, OVER A CAR LENGTH. 
          UM, SO THERE'S, UH, NOTHING, UH, THAT'S OBSTRUCTING OR HAZARDOUS THERE. 
          UH, AND THEN THE NEXT FEW SLIDES ARE BASICALLY APPROACHING THE RESIDENTS FROM 
          [03:30:01]
THE EAST. 
          THERE'S NO OBSTRUCTION OF TRAFFIC OR EVEN, YOU KNOW, NOT BE ABLE TO SEE CHILDREN PLAYING IN THE FRONT YARD. 
          THEN THE NEXT SET OF SLIDES, UH, DOT WOULD BE PHOTO DOCUMENT NUMBER FOUR. 
          THAT WOULD BE APPROACHING THE RESIDENTS FROM THE WEST SIDE. 
          AGAIN, SHOWING THERE IS NO OBSTRUCTION OF, UH, IN ANY WAY FROM THE HOUSES AT THE BOTTOM OF PHOTO DOCUMENT FOUR. 
          I, I, I KNOW THEY'RE NOT FENCES, BUT THEY ARE STRUCTURES. 
          AND NOW WHAT I'M GONNA DO HERE, UH, ON THE NEXT FEW SLIDES IS HOPEFULLY DEMONSTRATE HOW WE, WE, UH, ARE, YOU KNOW, THE FENCE THAT, UH, I'M ASKING, UH, YOUR APPROVAL FOR AS FAR AS THE HEIGHT IS THAT, UM, IT, IT'S IN HARMONY WITH A NEIGHBORHOOD, RIGHT? SO HERE'S AN EXAMPLE. 
          THEY'RE NOT A FENCE. 
          IT'S ACTUALLY A BIGGER, UH, STRUCTURE WHERE, UM, THESE, UH, GARAGES WERE BUILT IN FRONT OF THE HOME, RIGHT? AND THE, YOU COULD SEE THE ONE ON THE BOTTOM RIGHT, THEY ACTUALLY BUILT IT IN FRONT OF THE ENTRANCE OF THE HOME. 
          SO I JUST WANTED TO SHOW THAT THE CONCEPT OF HAVING STRUCTURES IN FRONT OF THE HOME, UH, IS, IS VISIBLE IN OUR NEIGHBORHOOD. 
          THEN WE GO TO PHOTO DOCUMENT FIVE. 
          WE'LL SEE EXAMPLES OF FRONT YARD FENCES THAT EXCEED FIVE FOOT BETWEEN EIGHT FOOT TO SIX FOOT. 
          UH, AND, YOU KNOW, SOME ARE NICER THAN OTHERS. 
          UH, BUT YOU CAN SEE, UH, SIX EXAMPLES ON PHOTO DOCUMENT FIVE THAT SHOW, UH, FOR INSTANCE, A LITTLE BIT HIGH, UH, THAT ARE THAT SIMILAR, UH, IN HEIGHT OF WHAT I AM, UH, REQUESTING FROM THE BOARD. 
          UH, AND THEN WE GO TO PHOTO DOCUMENT SIX. 
          THESE ARE EXAMPLES OF ACTUALLY ENCLOSED. 
          SO I'M ASKING FOR AN OPEN FENCE NONSOLID. 
          IT IS A PEEKABOO, RIGHT? SO YOU, YOU CAN SEE THROUGH THE FENCE, UM, UH, IT'S NOT SOLID. 
          ON PHOTO DOCUMENT NUMBER SIX, WE SEE ENCLOSED PRIVACY FENCES THAT GO IN FRONT OF THE HOME, UH, THAT ARE EIGHT FOOT HIGH, UP TO SIX AND A HALF FOOT HIGH. 
          OKAY? OKAY. 
          AND THEN, UH, THE LAST, UH, PHOTO DOCUMENT NUMBER SEVEN, IT JUST SHOWS YOU, UH, YOU KNOW, ABOUT FENCES FACING DIRECTLY, UH, IN FRONT OF OTHER HOMES. 
          SO THIS IS JUST A, A SMALL EXAMPLE. 
          IT'S REPRESENTATIVE OF JUST DRIVING IN FROM, THERE'S THREE ENTRANCES TO OUR NEIGHBORHOOD. 
          THIS IS THE ENTRANCE THAT I TAKE TO GO TO OUR HOME. 
          AND I JUST WANTED TO SHOW HOW THERE ARE FENCES THAT ARE FRONT FACING TO OTHER NEIGHBORS OR OTHER HOMES THAT ARE ANYWHERE BETWEEN, YOU KNOW, SIX TO 10 FEET FROM THE CURB. 
          AND YOU COULD SEE THAT IN THIS CASE, THERE'S FIVE EXAMPLES, UH, WHERE THAT EXISTS. 
          OKAY, THANK YOU VERY MUCH. 
          UM, STAFF, IS THERE ANY PUBLIC COMMENTARY TO READ TO THE RECORD? YES, SIR. 
          QUITE A BIT. 
          UH, WE HAVE THREE VOICEMAILS THAT WE'RE GONNA PLAY RIGHT NOW. 
          UM, THOSE WERE NOT ANNOTATED ON THE, UM, THOSE IN FAVOR AND OPPOSITION, BUT WE'RE GONNA PLAY THOSE NOW AND THEN WE'LL START, I'LL READ INTO RECORD THE OTHERS. 
          OKAY. 
          THANK YOU. 
          MY NAME IS YOLANDA GOMEZ. 
          I'M ON 30 22 CHERRY CREST, AND CASE NUMBER IS 21 10 30 0 0 3 6. 
          UM, DEPENDS ON MY NEIGHBOR HOUSE. 
          I THINK IT IS ON A GOOD HEIGHT. 
          IT DOESN'T INTERFERE WITH THE VIEW, UH, OR THE VISIBILITY OF MY GARAGE. 
          YOU CAN ENTER, YOU CAN ENTER OR STREET. 
          UH, IT, IT DOESN'T AFFECT WHEN, WHEN A CAR IS COMING OR PEOPLE YOU CAN SEE PERFECTLY. 
          AND THE HEIGHT DOESN'T AFFECT ME OR ANYBODY ELSE. 
          AND THEN I'M THE NEXT DOOR NEIGHBOR, AND I THINK THE HOUSE LOOKS BEAUTIFUL AND, UM, I DON'T SEE THE REASON TO COORDINATE. 
          THANK YOU, JUDY. 
          DENNIS, 30 14 CHARTER PRESS. 
          TELEPHONE IS (210) 378-8075. 
          REGARDING BOARD OF ADJUSTMENT CASE NUMBER B OH O A DASH 21 DASH 1 0 3 0 0 0 3 6. 
          I VOTE FOR THE ADJUSTMENT FOR A CALLER PRIVACY 10, I BELIEVE THE PROPOSED PIPE, PROPOSED FENCE IS DUE TO PROBLEMS WITH THE PROPERTY GRADE AND MENT OF SEWER 
          [03:35:01]
LINES. 
          AT FIRST, THE FENCE WAS THE COLOR OF RAW LUMBER, BUT WHEN WEATHER PERMITTED, A HIGH QUALITY STAIN WAS APPLIED THAT BLENDED WITH THE HOUSE. 
          THE OWNERS OF THE PROPERTY HAVE LIVED NEXT DOOR FOR NEARLY 30 YEARS AND HAVE ALWAYS WORKED TO IMPROVE THE PROPERTY. 
          THERE I VOTE IN FAVOR OF THE ADJUSTMENT. 
          THANK YOU. 
          HELLO, MY NAME IS DEANNA . 
          I LIVE AT 30 15 CHARTER CREST, SAN ANTONIO, TEXAS SEVEN EIGHT TWO THREE ZERO. 
          MY PHONE NUMBER IS TWO TEN THREE TEN EIGHT FOUR SEVEN EIGHT. 
          I'M CALLING IN REFERENCE TO CASE NUMBER BO O A 21 1 0 3 0 0 0 3 6. 
          THE SUBJECT PROPERTY ADDRESS IS 30 18 CHARTER CREST. 
          I AM IN FAVOR, AND I'M CALLING TO RELEASE MY SUPPORT FOR THIS REQUEST FOR THE SPECIAL EXEMPTION. 
          IN THIS CASE, I'M IN FAVOR OF THE REQUEST TO INCREASE THE WALL HEIGHT FROM FIVE TO EIGHT FEET, AS I FIND DEFENSE TO BE TASTEFUL AND ELEGANT IN ITS SIMPLICITY, DEFENSE MERGES ALMOST SEAMLESSLY WITH A NATURAL TOPOGRAPHY OF THE FRONT YARD MIXING FUNCTION AND DESIGN FOR IMMEDIATE CURB APPEAL. 
          I HAVE LIVED IN MY HOME FOR 13 YEARS, AND I'VE ALWAYS KNOWN THE RERA TO MAINTAIN THE FRONT YARD AND HOME IN AN IMPECCABLE MANNER. 
          THEREFORE, I WOULD LIKE TO SEE THE FENCE REMAIN IN PLACE SO THAT I CAN CONTINUE TO ENJOY LOOKING AT IT AND BEING  BY IT. 
          THANK YOU VERY MUCH FOR YOUR CONSIDERATION. 
          BYE. 
          THAT'S IT FOR VOICEMAIL. 
          YOU DO HAVE A PETITION, UM, QUITE A FEW NAMES ON IT IN FAVOR. 
          OKAY. 
          AND THEN ONE LETTER AFTER THAT, WE HAVE NO OBJECTIONS TO THE OFFENSE AT, AT ABOUT 60 AND RECOMMENDED PERMIT TO STAND AT, NOT CAUSE A, UH, SAFETY OR UNSIGHTLY RESPECT. 
          VERY ATTRACTIVE FOR GUN. 
          AND THAT'S PAM AND JOHN, UH, GEL CHARTER PRESS. 
          OKAY. 
          AND THAT CONCLUDES ON THE COMMENTARY. 
          THANK YOU. 
          UH, AND BEFORE WE OPEN THIS TO COMMISSIONER QUESTIONS, I, I I STAFF, CAN YOU PLEASE, UH, CLARIFY THE HEIGHT THAT THEY'RE ASKING FOR. 
          I KNOW THAT THE, UH, THE, THE APPLICATION IS FOR AN EIGHT FOOT TALL FENCE, BUT I THOUGHT THE U D C EXCLUDED, UH, RETAINING WALLS IN THAT HEIGHT CALCULATION. 
          IS IT STILL EIGHT FEET WITHOUT THE RETAINING WALLS? THAT IS CORRECT. 
          SO WHAT, WHAT WE DID WAS WE LOOKED AT THE RETAINING WALL. 
          THE RETAINING WALL EXTENDS ABOVE THE DIRT. 
          SO THE PORTION WHERE THE, THE RETAINING WALL IS HOLDING THE DIRT MM-HMM. 
          , THAT'S TECHNICALLY WHERE THE FENCE HEIGHT STARTS. 
          UH, SO THIS WALL EXTENDS ANOTHER TWO FEET ABOVE THE GROUND, AND THAT'S ACTUALLY WHERE WE MEASURED IT AT THE HIGHEST POINT. 
          THAT'S WHY WE WENT THE . 
          OKAY. 
          THANK YOU. 
          UH, SO LET'S OPEN THIS FOR COMMISSIONER QUESTIONS. 
          ANY COMMISSIONERS LIKE TO ASK A QUESTION? OKAY. 
          HEARING NONE, UH, COMMISSIONER MANUS. 
          SO, SO WANNA REITERATE OR, OR I GUESS, CONFIRM THAT THE RESPONSE THERE FROM THE CITY. 
          SO, SO YOU MEASURED TWO FEET OF WALL AS BEING PART OF THE FENCE, UH, TO, UH, AND SO THERE'S A SIX FOOT WOOD FENCE ON TOP OF THE TWO FOOT RETAINING WALL, WHICH IS HOW YOU CAME TO EIGHT FOOT. 
          IS THAT CORRECT? THAT IS CORRECT. 
          THAT'S THE HIGHEST POINT. 
          UM, AGAIN, SO THE DIRT LEVEL WAS BELOW THE, THE TOP PORTION OF THE RETAINING WALL, AND THAT'S WHERE WE START THE MEASUREMENT. 
          OKAY. 
          UM, SECOND QUESTION THEN, AND I WAS TRYING TO, TRYING TO PINPOINT, IS THIS FENCE IN FRONT OF THE, UH, FRONT FACADE OF THE HOUSE ITSELF? SO IT LOOKED LIKE IT WAS, BUT I, IT WAS HARD TO CONFIRM. 
          IT IS. 
          IT'S, IT'S A VERY UNUSUAL, UH, SITUATION IN THAT THE ELEVATIONS DROP, AS YOU CAN SEE, THERE'S STAIRS, UM, THE ELEVATION TO, TO THE FRONT DOOR. 
          THAT FENCE REALLY JUST COVERS THAT FRONT AREA. 
          THE, OF THE, UM, THE PORCH AREA SOMEWHAT. 
          OH, IT'S NOT ENCLOSED THEN, OR IS IT IT'S NOT FULLY, IT'S MORE OF AN L-SHAPED FENCE, UH, THAT'S IN FRONT OF THE FACADE THAT EXTENDS. 
          UM, WE'RE TRYING TO GET AN IMAGE UP FOR YOU TO KINDA GET A 
          [03:40:01]
BETTER IDEA RIGHT THERE. 
          SO THAT'S REALLY THE EXTENT OF THE FENCE. 
          OKAY. 
          SO IT IS NOT FULLY ENCLOSED. 
          SO HERE'S A QUESTION FOR THE APPLICANT THEN. 
          SO, SO PART OF THE DIALOGUE THAT WE HAVE HERE, UM, IS THAT THERE IS, UH, YOU KNOW, SO YOU HAVE A SIX FOOT FENCE ON TOP OF YOUR TWO FOOT WALL. 
          AND SO IF THE CITY'S GONNA MEASURE, YOU KNOW, TO THE BOTTOM OF THAT WALL, IF YOU KNOW, WHAT IS THE OBSTACLE FOR, FOR HAVING THIS FENCE AT FOUR FEET VERSUS, UH, THE SIX FOOT. 
          AND SO COULD THAT WALL, COULD THAT FENCE BE SHORTENED BY TWO FOOT, OR DOES THAT PRESENT A PROBLEM FOR YOU? WELL, IT'S MORE FROM A, UH, IT'S UM, JUST THE PRIVACY FROM THE STREET, YOU KNOW, FROM DRIVERS IN THE STREET AND THEN ALSO FROM, UH, MY NEIGHBORS. 
          THERE IS A, UH, A LITTLE OVER FOUR FOOT VARIANCE BETWEEN THE ELEVATION OF MY FRONT DOOR OR REALLY THE KITCHEN WINDOW, WHICH HAS REALLY BEEN MORE PROBLEMATIC FOR US. 
          YOU KNOW, WE HAVE A SIX FOOT WIDE BY, UH, THREE FOOT TALL KITCHEN WINDOW. 
          AND, AND THAT'S WHO WE'VE GOTTEN A LOT OF WAVES FROM, OUR NEIGHBORS IN THEIR DRIVEWAY, WHICH IS AT A HIGHER ELEVATION. 
          AND ALSO FROM PEOPLE, UH, WALKING, THEY KIND OF PARK IN THE FRONT. 
          THEY WALK THROUGH OUR GRASS TO OUR NEIGHBORS, WHICH WE'RE TOTALLY FINE WITH THAT. 
          UH, WE JUST, UH, FELT LITTLE TIRED OF BEING WAVED AT AS OUR NEIGHBORS WERE WALKING BY. 
          OKAY. 
          . 
          AND SO, SO, SO I GUESS IT'S, SO ACROSS THE FRONT OF THE HOUSE, IT APPEARS THAT, UM, YOU KNOW, THE ELEVATION DROPS TO STREET. 
          AND SO, SO I GUESS I'M TRYING TO FIGURE OUT YOUR, THE, YOU KNOW, YOUR DIALOGUE THERE FOR THE, UM, YOU KNOW, BEING ABLE TO SEE THE HOUSE FROM THE STREET. 
          UH, CERTAINLY FROM THE SIDE I CAN UNDERSTAND THAT, BUT FROM, FROM THE FRONT, I GUESS I'M STILL TRYING TO PICTURE THAT HERE. 
          ? YEAH, NO, FROM, FROM THE FRONT. 
          UM, YOU KNOW, IF THERE WAS A, A FOOT DROP, IT WOULD DEFINITELY NOT BLOCK THE, UM, RIGHT THERE. 
          YEAH. 
          UH, THAT, THAT PERSPECTIVE'S A LITTLE DIFFERENT. 
          RIGHT. 
          BUT THAT'S ACTUALLY FROM THE MAILBOX, NOT FROM THE STREET, ACROSS THE STREET. 
          UM, SO YEAH, IT WAS MORE OF A, I HAD AN EXAMPLE IN THERE WHERE IT WAS A DIAGRAM THAT I PULLED FROM THE U D C. 
          IT KIND OF SHOWED WHAT WOULD BE ACCEPTABLE. 
          RIGHT. 
          UM, THAT INSTEAD OF HAVING IT STAGGERED, UH, WHICH DOESN'T LOOK AS NICE, RATHER HAVE A SINGLE STRAIGHT LINE IS A LITTLE MORE, UH, PRESENTABLE. 
          AND THAT'S KIND OF THE FEEDBACK WE GOT FROM, UM, THE, UH, TWO INDIVIDUALS THAT HELPED US WITH A DESIGN. 
          UM, AND, AND THEN THIS QUESTION IS FOR THE CITY. 
          SO IT TALKS ABOUT PREDOMINANTLY OPEN FENCING, AND THAT FENCE DOESN'T LOOK PREDOMINANTLY OPEN TO ME. 
          SO, SO IS THERE SOMETHING THAT I'M NOT SEEING CORRECTLY? UM, IT WOULD SEEM LIKE, YEAH, IT DOESN'T LOOK 75% OPEN. 
          NO, IT WOULD NEED TO BE 70% OPEN TO BE CONSIDERED PREDOMINANTLY OPEN. 
          SO FOR US, IT'S A SOLID SENSE. 
          OKAY. 
          OKAY. 
          SO THIS STAFF, I, I WANTED TO, UH, TALK ABOUT THE, THE REMARK MADE BY THE, THE APPLICANT ABOUT BEING MORE THAN FOUR FOOT INDIFFERENCE IS THE FOREFOOT, UH, UH, ALLOWANCE FOR YOU TO GO UP TO EIGHT FEET, UM, IN, IN ELEVATION OF THE HOME TO THE SIDE LOT. 
          THAT'S ONLY FOR SIDE AND REAR FENCING? CORRECT. 
          IS THAT NOT FOR FRONT, THAT'S NOT FOR FRONT YARD FENCING? THAT'S CORRECT. 
          IT'S NOT FOR FRONT YARD FENCING. 
          OKAY. 
          SO THAT'S WHY HE'S HERE. 
          IT'S, IT'S ONLY THE, THE, THE FENCE IN THE FRONT OF THE HOUSE. 
          YOU'RE ACKNOWLEDGING THAT HE WOULD, HE WOULD GET AN EIGHT FOOT FENCE ON THE SIDE, BUT ONCE YOU GO PAST THE FRONT F SIDE OF THE HOME, IT'S A PROBLEM? THAT'S CORRECT. 
          THE ELEVATIONS BETWEEN HOMES IS, IS PRETTY, UH, IT'S MORE THAN FOUR FEET ON BOTH SIDES. 
          YEAH, YOU CAN TELL. 
          YEAH. 
          SIDE YARD BACK. 
          YEAH, IT'S, IT'S MORE THAN FINE. 
          IT'S JUST THE FRONT YARD. 
          THAT'S WHERE THE ISSUE IS. 
          OKAY. 
          ANY OTHER COMMISSIONER QUESTIONS? BRAGMAN? COMMISSIONER BRAGMAN? SO I, THIS IS, UH, A QUESTION FOR, UH, STAFF. 
          UM, ONE OF THE PHOTOGRAPHS THAT THE APPLICANT, UH, SHOWED IN HIS PRESENTATION WAS A HOUSE, UM, THAT LOOKED TO HAVE A BRICK FENCE IN FRONT OF THE HOUSE THAT CREATED A COURTYARD IN THE FRONT OF THE HOUSE. 
          UM, OBVIOUSLY IT'S SOLID, OBVIOUSLY YOU CAN'T SEE THROUGH IT. 
          UM, I DON'T KNOW HOW TALL THAT IS, BUT AT, AT WHAT POINT IS THIS OFFENSE AS OPPOSED TO CREATING A, A COURTYARD? WHEN WE WERE OUT THERE, WE DIDN'T NOTICE ANY THAT, THAT WEREN'T PART THE SIDE YARD. 
          THERE WAS ONE ON NANTUCKET THAT THIS BOARD ACTUALLY DENIED, UM, A FEW MONTHS BACK. 
          UM, THAT HASN'T BEEN TORN DOWN. 
          I, TO BE HONEST WITH YOU, I'M NOT SURE WHICH ONE THAT WOULD BE REFERRING TO. 
          UH, IN THIS CASE IT WAS, THIS IS STRICTLY A FENCE THAT DOES BEING USED FOR PRIVACY PURPOSES IN THE FRONT YARD. 
          UM, DID, COULD YOU SAY IT CREATES A COURTYARD? POSSIBLY? UM, 
          [03:45:01]
BUT AT EIGHT FEET TALL, UM, PLAN VIEW'S GONNA SEE IT AS A FENCE SINCE IT'S CONNECTED TO THE REAR FENCE. 
          OKAY. 
          THANK YOU. 
          UH, JUST, UH, UM, ZEKE, ON IT WAS PHOTO DOCUMENT NUMBER FIVE. 
          IS, IS, IS IS THE CONDITION THAT, UH, COMMISSIONER BRAGMAN WAS, WAS COMMENTING ON FROM THE APPLICANT. 
          SO, UH, COMMISSIONER BRAGMAN, IS THAT WHAT THAT, WHAT YOU WERE TALKING ABOUT THERE ON THE KIND OF, KIND OF IN THE, YOU KNOW, THE TOP RIGHT, THE MIDDLE THERE WAS THAT ONE, THERE WAS ACTUALLY ON THE SECOND ROW OF PICTURES DOWN, BOTH THE ONE ON THE LEFT AND ON THE RIGHT, UM, LOOKED TO BE, YOU KNOW, COURTYARD THAT IT WAS CREATING. 
          SO STAFF, CAN YOU COMMENT ON, ON, ON THESE, HOW YOU WOULD LOOK AT THESE ITEMS? THEY APPEAR TO BE PART OF THE STRUCTURE BUILT INTO THE STRUCTURE. 
          OKAY. 
          UM, THAT WE'D HAVE TO LOOK INTO WITH PLAN VIEW TO IDENTIFY BUILDING CODE REQUIREMENTS. 
          UM, BUT IF THEY WERE PART OF THE S IF THEY WERE PART OF THE STRUCTURE, THEY WOULD NOT, THEY WOULD NOT BE CONSIDERED A FENCE, UM, IF IT APPEARS SO, YES, SIR. 
          OKAY. 
          DOES THAT ANSWER YOUR QUESTION, COMMISSIONER BRAGMAN? UH, YES. 
          OKAY. 
          UH, SO ARE THERE ANY OTHER QUESTIONS? ANYONE? OKAY. 
          SO I HAVE A, A QUESTION. 
          UH, ZEKE, ON THIS PICTURE OF SLIDE NUMBER 80 84 ON THE TOP RIGHT, THAT THE, THE WOOD, THE ACTUAL WOOD PORTION THAT'S SIX FEET TALL, CORRECT? UH, IT DEPENDS ON THE WAY YOU'RE LOOKING AT IT FROM THIS ANGLE? YES, SIR. 
          BUT IF YOU'RE ON THE, WHEN YOU'RE ON TOP, THERE IS TWO FEET AS YOU CAN SEE THE ROCKS. 
          OH, OKAY. 
          SO STONE EXTENDS TWO FEET UP. 
          SO OUR MEASUREMENT WAS ON THE INSIDE. 
          SO THIS IS A, THIS IS PROBABLY THE HIGHEST POINT. 
          THAT'S WHERE I WAS CONFUSED. 
          SO THE RETAINING WALL IS, IT'S NOT A TRUE TRAINING RETAINING WALL. 
          IT'S ACTUALLY OP THE WALL IS ACTUALLY OPEN ON BOTH SIDES FOR A PORTION. 
          AND THAT'S WHERE YOU'RE GETTING THE EIGHT FEET FROM. 
          'CAUSE YOU'RE, YOU'RE MEASURING IT FROM THE MOST RETAINED PORTION. 
          THAT IS CORRECT. 
          OKAY. 
          THAT, THAT ANSWERS THAT FOR ME. 
          ALRIGHT, WONDERFUL. 
          UM, IF THERE'S NOTHING ELSE, UH, I, ANYONE ELSE LIKE TO CHIME IN, ASK A QUESTION. 
          OKAY. 
          UH, SO FOR THE APPLICANT, YOU'RE, YOU'VE HEARD, YOU'VE HEARD SOME OF OUR QUESTIONS AND, AND COMMENTARY. 
          YOU'RE, YOU'RE, WE'RE GONNA GIVE YOU THREE MINUTES TO PROVIDE, UH, ANY SORT OF CLOSING REMARKS OR REBUTTAL, UH, TO, UH, FOR YOUR CASE. 
          THANK YOU, SIR. 
          UM, SO, UH, I APPRECIATE THE, UH, UH, COLLABORATION HERE. 
          UH, I JUST WANTED TO CLARIFY THAT. 
          UH, YES. 
          UH, SINCE I WAS, THIS WAS, UH, VER THIS, UM, VARIANCE WAS BROUGHT, UH, TO MY ATTENTION. 
          I CEASED ANY MORE WORK. 
          UH, THERE WAS REFERENCE, UH, BY STAFF THAT IT GOES DOWN TO THE GROUND LEVEL THAT IS BEING FILLED. 
          UH, ONE OF THE PICTURES I SAW RENDITION WHERE WE'RE PUTTING VULNERABIL IN FRONT OF THAT. 
          SO IT'S ACTUALLY GONNA BE AT THE LEVEL OF THE RETAINING WALL. 
          IT IS GONNA BE A RETAINING WALL. 
          UH, THE PURPOSE, THE REASON THAT THAT WENT DOWN THAT FLOOR WAS WE WANTED TO MAKE SURE THAT, THAT WE HAD SOLID GROUND FOR THE, YOU KNOW, UH, TWO AND A HALF FOOT DEEP BELL CURBED FOOTING FOR THAT, UM, UH, POST OR THAT COLUMN, YOU KNOW, FOR THE FENCE. 
          SO, UH, THE END RESULT WILL NOT BE EIGHT FOOT FROM WHAT WAS MEASURED. 
          UH, IT WOULD ACTUALLY BE WHAT YOU'RE SEEING ON THE PICTURE, WHAT YOU MADE REFERENCE TO. 
          IT WOULD BE FROM THE, THE GROUND WOULD BE AT THE RETAINING WALL LEVEL AT THE TOP. 
          UM, ALSO I DID NOTICE THAT, UM, UH, THEY, I SAW THEM BROWSE THROUGH THE PETITION THAT I HAD, UH, SIGNED. 
          UH, I WANTED TO MAKE REFERENCE THAT I DID HAVE UNANIMOUS, UH, APPROVAL FROM ALL OF MY, UH, BUDDY NEIGHBORS. 
          UH, ONE OF 'EM IS NOT SIGNED, AND THEY'RE ACTUALLY TO THE REAR OF ME, DON STARNES. 
          I TALKED TO HIM, UH, THE WEEK, UH, LAST WEEKEND. 
          THEY WERE OUT OF TOWN. 
          HE WAS GONNA GET WITH ME THIS WEEKEND. 
          I FOUND OUT SATURDAY MORNING THAT, UH, HIS, UH, MOTHER PASSED AWAY. 
          SO I DID NOT PURSUE IT ANY FURTHER. 
          BUT I, YOU KNOW, IF THERE'S ANYTHING THAT WOULD, IF THERE'S ANY COMMISSIONER OR ANY, UH, MEMBER OF THE BOARD THAT WOULD, IS RELUCTANT FROM ANNU, UH, AN ALL INCLUSIVE, UH, I, I DO HAVE THAT AND WOULD APPRECIATE A MOTION FOR THE, UH, PENDING FOR THE FINAL, UH, A BUDDY NEIGHBOR'S APPROVAL. 
          UM, I THINK THAT'S ALL I HAVE. 
          UH, AS FAR AS FAR AS THE SPECIAL EXCEPTION CRITERIA, YOU KNOW, WHAT I'M ASKING FOR, UH, IS IN THE SPIRIT AND PURPOSE OF THE CHAPTER. 
          UH, IT IS, YOU KNOW, UH, THERE IS AT THE, AT THE 
          [03:50:01]
BEGINNING OF SIX SECTION SIX TWO FENCE SAYING HI. 
          IT SAYS, NO FENCE OVER SIX. 
          UNLESS ALL OWNERS OF THE PROPERTY, ALL OWNERS OF THE PROPERTY WITH A FENCE, HAS EXPRESSED NO OPPOSITION TO PROPOSED FENCE, PROVIDED THAT NO FENCE IS THE OF 12 FEET. 
          UM, I PROVIDED THE PETITION SHOWING A, A LARGE VOLUME OF NEIGHBORS TO SUPPORT IT. 
          THERE'S NO NEGATIVE IMPACT TO PUBLIC WELFARE OR CONVENIENCE. 
          UH, DOES NOT INJURED OR INTRODUCE ANY HELP AND SAFETY HAZARDS, UH, FOR PROPOSED USE. 
          FOR INSTANCE, NOT WITHIN A FENCE, UH, FENCE TO VISION AREA. 
          ROAD TRAFFIC VEHICLES ENTERING EXIT TO IN PLANE IS NOT IMPACTED IN ANY WAY THAT DOES NOT ALTER THE ESSENTIAL CHARACTERS OF THE DISTRICT. 
          BUT, UH, AND LOCATION, UM, WHERE THIS PROPERTY IS LOCATED, UH, ON THE CAR CURRY, ON THE CONTRARY, AS YOU CAN HEAR, SOME OF THE TESTIMONIAL OF MY NEIGHBORS AND WHO WE HEAR FROM DOZENS OF NEIGHBORS AND THEY WALK BY, IT'S, IT'S AESTHETICALLY PLEASING. 
          UH, AND IT DOES NOT WEAKEN THE GENERAL PURPOSE. 
          SO, UH, THAT'S ALL I GOT. 
          THANK YOU, SIR. 
          UH, SO WITH THAT, UH, ANY, WOULD COMMISSIONER LIKE TO MAKE A MOTION, PLEASE? BRAGMAN COMMISSIONER BRAGMAN. 
          THANK YOU. 
          OKAY. 
          REGARDING CASE NUMBER BO A DASH 21 0 3 0 0 3 6, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A SPECIAL EXCEPTION TO THE PERMITTED FIVE FOOT, PREDOMINANTLY OPEN FENCE IN SECTION 35 DASH 14 C TO ALLOW A FRONT YARD FENCE TO BE EIGHT FOOT TALL PRIVACY FENCE SITUATED AT 3 0 1 8 CHARTER CREST STREET APPLICANT BEING GILBERTO BARRERA, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE 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 PURPOSE OF THE CHAPTER. 
          THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR OFFENSE HEIGHT MODIFICATION. 
          THE ADDITIONAL OFFENSE 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. 
          B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. 
          THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY, AN EIGHT FOOT FENCE IN THE FRONT YARD WILL PROVIDE ADDITIONAL PRIVACY AND SECURITY FOR THE APPLICANT'S PROPERTY. 
          THIS IS NOT CONTRARY TO THE PUBLIC INTEREST. 
          C, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. 
          THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY, AND IS UNLIKELY TO INJURE ADJACENT PROPERTIES. 
          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 ADDITIONAL HEIGHT FOR THE SECTION OF SIDE AND BACKYARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND WILL PROVIDE SECURITY OF THE DISTRICT. 
          E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPEC SPECIFIC DISTRICT. 
          THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. 
          END OF MOTION. 
          SECOND SHALL SECOND. 
          OKAY. 
          COMMISSIONER HAW, YOU HAVE THE SECOND COMMISSIONER BRACKMAN, PLEASE LE UH, LEAD THE DISCUSSION. 
          THANK YOU. 
          UM, THIS IS ONE OF THE NICEST FENCES AND RETAINING WALLS I'VE SEEN IN A LONG TIME. 
          AND TRUST ME, I SEE A LOT OF PROPERTIES. 
          SO HE IS AESTHETICALLY VERY PLEASING. 
          UM, I WAS VERY PLEASED TO HEAR THAT HE'S GONNA BE FILLING IN BEHIND THE RETAINING WALL. 
          SO ESSENTIALLY IT WILL BE A SIX FOOT FENCE AFTER THAT'S FILLED IN. 
          PLUS HE'S ADDING, UH, VEGETATION TO IT. 
          SO, AND THE BIGGEST REASON IS BECAUSE I LOOK LIKE ALL OF HIS NEIGHBORS SURROUNDING HIM ARE FULLY IN SUPPORT OF THIS. 
          SO I'LL BE IN SUPPORT OF THIS MOTION. 
          GREAT. 
          COMMISSIONER MICHELLE? UM, I CONCUR WITH MY COLLEAGUE AND I, UM, I REALLY APPRECIATE, UH, THE EFFORT THAT THESE HOMEOWNERS PUT INTO THIS, UM, FENCE. 
          IT IS GONNA, IT LOOKS LIKE IT'S GONNA, UM, OR IT HAS ENHANCED TO THE STREET AND THE NEIGHBORHOOD. 
          UM, I, I, UH, ALSO LIKE THAT THEY WERE ABLE TO TALK TO ALL OF THEIR NEIGHBORS TO GET, UM, THEIR APPROVAL. 
          THANK YOU. 
          THANK YOU. 
          UH, ANY OTHER COMMISSIONERS? TE COMMISSIONER TEAL, I, I ALSO WILL BE IN SUPPORT. 
          I THINK IT'S, IT'S AESTHETICALLY PLEASING. 
          I, I DO THINK IT FITS THE CONTEXT OF THE NEIGHBORHOOD, AND I DON'T THINK IT'S A FENCE. 
          I THINK IT'S A PRIVACY SCREEN. 
          AND LOOKING AT IT FROM THAT STANDPOINT, I FEEL LIKE IT'S 100% CONTEXTUAL. 
          WONDERFUL. 
          ANYONE ELSE? YEAH, FISHER. 
          I JUST TOTALLY AGREE WITH MY COLLEAGUES. 
          I THINK THIS IS A VERY AESTHETICALLY A PLEASING ADDITION IN THE NEIGHBORHOOD AND, AND WELL SUPPORTED BY THE NEIGHBORS. 
          SO I WILL BE IN SUPPORT AS WELL. 
          GREAT. 
          UM, ANYONE ELSE? WELL, 
          [03:55:01]
I WANTED TO, TO CHIME IN ON THIS REAL QUICK. 
          UM, YOU KNOW WHAT'S, NORMALLY WHEN PEOPLE PUT IN LARGE FENCES IN THEIR FRONT YARD, WE HAD A CASE SOME, A LITTLE WHILE BACK. 
          IT, IT'S LIKE THEY'RE CREATING A SECOND BACKYARD ALMOST. 
          BUT IN THIS NEIGHBORHOOD WITH SUCH DEEP DRIVEWAYS AND, AND THAT COURTYARD STYLE OF, OF, OF LOOK OUT THE FRONT DOOR, THAT I, I SEEM TO FIND MYSELF, UH, NOTICING ON A GOOGLE MAPS. 
          THIS IS, THIS IS NOT THE CASE HERE. 
          I MEAN, THIS IS, TO ME, IT'S KIND OF LIKE A, LIKE A COURTYARD. 
          HE'S NOT TRYING TO TAKE AWAY FROM THE FRONT YARD. 
          AND, AND IT, IT DOES LOOK ABSOLUTELY BEAUTIFUL. 
          SO I'LL BE IN SUPPORT, UH, STAFF, PLEASE TAKE A ROLL CALL TO VOTE. 
          MICHELLE? YES, I CONCUR WITH THE FINDINGS OF FACT. 
          MR. MANCHACA. 
          I CONCUR. 
          MS. CRUZ? YES, I CONCUR. 
          MR. MANNA. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          MS. BREGMAN. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          MR. DOMER. 
          I CONCUR. 
          MS. FISHER. 
          I CONCUR. 
          MR. TEAL? YES, I CONCUR. 
          MR. UNA? YES. 
          I CONCUR. 
          AND CHAIR ORIENT. 
          I ALSO CONCUR. 
          MOTION PASSES UNI UNANIMOUSLY. 
          UM, NEXT ITEM. 
          [7. 21-4205 Consideration and approval of May 17, 2021 Board of Adjustment meeting minutes.]
I'M UP IS THE MINUTES. 
          HAS EVERYBODY HAD A CHANCE TO READ? ARE THERE ANY ADJUSTMENTS YOU WOULD LIKE TO REQUEST? THANK YOU VERY MUCH. 
          MM-HMM. 
          . 
          YOU'RE WELCOME, SIR. 
          I MOVE. 
          CAN I RIGHT THE MINUTES AS, UH, REVISED? UH, WHO? WHO'S THAT? CRUZ. 
          OH, CRUZ. 
          NO, I'M SORRY. 
          I THOUGHT SOMEBODY ELSE SAID SOMETHING AFTER YOU, AFTER YOU, AFTER YOU STARTED TALKING. 
          SO, UH, OKAY. 
          SO WE HAVE A MOTION FOR THE, TO ACCEPT THE MINUTES. 
          UH, IS THERE A SECOND? SECOND. 
          FANTASTIC. 
          SO WE HAVE A MOTION TO MR. UH, STAFF. 
          PLEASE TAKE A ROLL CALL. 
          VOTE. 
          MICHELLE. 
          YES, I APPROVE MR. MANCHACA. 
          I APPROVE MR. CRUZ. 
          YES. 
          I APPROVE MR. MANNA. 
          I CAN GO WITH MS. BREGMAN. 
          YES, I APPROVE MR. DAHMER. 
          I APPROVE MS. FISHER. 
          YES, I APPROVE MR. THI YES. 
          MR. ZUNA? YES. 
          I APPROVE AND CHAIR ORIAN. 
          I ALSO APPROVE MOTION, UH, PASSES UNANIMOUSLY. 
          UM, BEFORE I ADJOURN THE MEETING, I JUST WANTED TO, UH, THANK EVERYBODY AND STAFF, UH, YOU KNOW, IN, IN FUTURE MEETINGS, WHEN, WHEN, WHEN PEOPLE ARE, ARE, I JUST WANTED TO, AS A REQUEST, UH, WHEN PEOPLE ARE SUBMITTING THINGS LIKE CARPORTS OR, UH, OR, OR STRUCTURES THAT ARE, YOU KNOW, REALLY CLOSE TO THE, TO PROPERTY LINES, SETBACK, VARIANCE REQUESTS. 
          I, I'D REALLY LIKE TO SEE BETTER MENTIONINGS AND THE, AND BETTER EXHIBITS ABOUT YEAH. 
          WHAT THEY'RE TRYING TO ACCOMPLISH. 
          'CAUSE IT, IT MAKES IT VERY CONFUSING, UH, FOR US SOMETIMES. 
          AND, AND, AND WE CERTAINLY HAVE TO BE CAREFUL GIVING CARTE BLANCHE, UH, YOU KNOW, UH, ABILITY FOR PEOPLE TO BUILD THINGS, YOU KNOW, WHEN THEY HAVE REALLY LONG, DEEP PROPERTIES. 
          AND SO I, IF YOU COULD DO THAT, THAT SHOULD BE, I WOULD APPRECIATE IT. 
          SURE. 
          WILL DO. 
          AND CHA I AGREE WITH THAT. 
          THANK YOU. 
          ALL RIGHT, Y'ALL. 
          YES, I COULD ADD. 
          UM, JUST WANTED TO LET YOU KNOW, WITH THE CONCLUSION OF THE RUNOFF ELECTION, WE'LL PROBABLY START SEEING, UM, EITHER REAPPOINTMENTS OR APPOINTMENTS TRICKLING IN FOR APPOINTMENT BY THE COUNCIL. 
          UM, AND THEN FOR THE AT LARGE POSITION, UH, WE WILL, UH, WORK WITH THE CITY CLERK'S OFFICE, UH, TO GET A FINAL LIST OF THE AT LARGE, UH, CANDIDATES. 
          AND I WILL SAY THIS, FOR THOSE THAT ARE CURRENTLY IN AN AT LARGE POSITION, IF YOU WANT TO, UH, BE REAPPOINTED AS AN AT LARGE, UH, MEMBER TO MAKE SURE TO APPLY, UM, THROUGH THE CITY CLERKS WEBSITE FOR THAT POSITION, UH, BECAUSE THEY'LL GO THROUGH THE REVIEW PROCESS AND THEY'LL BE SCHEDULED FOR GOVERNANCE. 
          AND, UH, WE HOPE TO HAVE THEM, UH, APPOINTED BY THE TIME THAT THEY RECONVENE AFTER THE JULY BREAK IN AUGUST. 
          OKAY. 
          CATHERINE, IS THERE A DEADLINE THAT YOU'RE FORMALLY SETTING FOR THE AT LARGE POSITIONS? WELL, AGAIN, WE'LL WORK WITH THE CLERK'S OFFICE. 
          I KNOW THAT THE APPLICATION, UH, PORTAL SHOULD BE UP AND IS ALWAYS UP. 
          SO FOR THOSE THAT ARE IN IT AT LARGE, PLEASE APPLY NOW. 
          UM, AND I WOULD, I WOULD ASSUME THAT I, I BELIEVE THAT WE HAD THE INITIAL CLOSING AND THEY HAVE BEEN CLOSED, UM, UH, FOR A WHILE NOW. 
          BUT IF WE NEED TO REOPEN IT, WE WILL, BUT IT WILL BE FOR A SHORT TIME PERIOD. 
          SO WE CAN WORK WITH, UM, THE GOVERNANCE, UH, COMMITTEE AND GET THOSE TO YOU. 
          OKAY. 
          THANK YOU VERY MUCH. 
          I HAVE A QUESTION FOR CATHERINE. 
          YES. 
          AS A, AS AN ALTERNATE, WHEN WILL OUR, 
          [04:00:01]
WILL YOU NOTIFY ME THE REST OF THE ALTERNATES? WHEN THE LAST TIME WE WILL BE REQUESTED TO SIT ON THIS BOARD? FOR EXAMPLE, WILL IT BE THROUGH JUNE OR JULY? WOULD YOU HAVE HAVE ANY IDEA? SO ALL APPOINTMENTS FOR B O A EXPIRE THE SAME TIME PERIOD THAT, UH, THE COUNCIL TERMS EXPIRE, WHICH IS END OF MAY. 
          SO RIGHT NOW EVERYONE IS IN A HOLDOVER, UH, STATUS UNTIL ALL OF THOSE APPOINTMENTS ARE REAPPOINTMENTS ARE MADE. 
          SO IF YOU WANT TO, UH, APPLY AGAIN AS AN ALTERNATE, UH, BE SURE TO SUBMIT YOUR APPLICATION MM-HMM. 
           THROUGH THE CITY CLERK'S WEBSITE TO ASK TO BE REAPPOINTED AGAIN AS AN ALTERNATE. 
          OKAY. 
          I, I'M JUST, THANK YOU. 
          OKAY, NO PROBLEM. 
          SO, ALL RIGHT, EVERYBODY, UH, IT IS, UH, FIVE 11. 
          I HEREBY, UH, ADUR THE MEETING OF THE BOARD OF ADJUSTMENTS. 
          HAVE A GREAT REST TO YOUR EVENING. 
          THANK YOU. 
          BYE DAY.
* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.