[00:00:04]
[1. 21-4736 BOA-21-10300064:]
WHICH, UH, YOU, IT LOOKS LIKE YOU'RE RENEWING YOUR, YOUR REQUEST, UH, TO HAVE A A ONE OPERATOR BEAUTY SHOP.HOW, HOW, HOW MANY TIMES HAVE YOU GONE THROUGH THIS PROCESS? SIR, WE'RE HAVING DIFFICULTY HEARING YOU, SIR.
UM, IS THAT, CAN Y'ALL HEAR ME ANY BETTER? YES, SIR.
UM, MY, MY QUESTION WAS, UH, DID HOW MANY TIMES HAVE YOU, HAVE YOU GONE UP TO RENEW YOUR LICENSE TO HAVE A ONE OPERATOR BEAUTY SHOP? WELL, WHEN I, MY, AT MY LAST HOUSE I DID, I DID A C F O FOR MY INSIDE MY HOME.
TO MY, SO THIS IS, SO THIS ISN'T YOUR FIRST TIME DOING THIS? THAT IS CORRECT.
AND, AND DID YOU HAPPEN TO TALK TO ANY OF THE NEIGHBORS THAT WERE IN OPPOSITION TO EXPLAIN THAT THIS IS JUST ONE CUSTOMER AT A TIME? AND, AND, WELL, I DID, I, YES, I DID SPEAK TO ALL THE NEIGHBORS ON MY STREET.
I DID NOT GET TO TALK TO THE NEIGHBORS ON THE STREET BEHIND ME.
I, I, I, BECAUSE I JUST DIDN'T THAT YEAH, THAT'S, THAT'S THE STREET BOOTH DIDN'T HAVE A CHANCE TO TALK TO THEM, BUT ALL THE PEOPLE ON MY STREET I DID TALK TO, AND FROM WHAT I UNDERSTAND, THEY, THEY ALL HAD SHOWED ME THE LETTER AND BECAUSE THEY DIDN'T OPPOSE IT, THEY JUST DIDN'T WRITE IN 'CAUSE THEY APPROVE IT.
UH, I APOLOGIZE IF THE OTHER COMM IF I WASN'T, UH, IF I COULDN'T BE HEARD TOO.
WELL, UH, IF I DIDN'T GIVE EVERYBODY AN OP, ANYBODY AN OPPORTUNITY TO ASK A QUESTION.
SO, IS THERE ANY OTHER COMMISSIONER QUESTIONS? MINKA UH, COMMISSIONER MINKA? I JUST HAVE A QUESTION FOR THE APPLICANT.
I CAN SEE FROM, UH, GOOGLE THAT THE, UH, HOUSE BEFORE WAS ENCLOSED.
UH, WHEN WAS IT CONVERTED TO THE EXTERIOR OPENING WITH THE EXTERIOR DOORS FOR THE SHOP? WHEN I, WHEN I BOUGHT THE HOUSE, THE, THE DOORS WERE ALREADY THERE.
ANYONE ELSE? ANY OTHER COMMISSIONER QUESTIONS? OKAY.
UH, WITH THAT, UH, WE'LL GIVE THE APPLICANT AN OPPORTUNITY, UM, TO, UH, PROVIDE ANY SORT OF, UH, ADDITIONAL REMARKS, UH, AFTER HEARING, UH, QUESTIONS AND PUBLIC COMMENTARY.
SO YOU'VE GOT, UH, THREE MINUTES.
I, I HOPE THAT I'M ABLE, THAT YOU GUYS WILL APPROVE ME OF BEING ABLE TO DO THIS.
I HAVE WORKED IN THE SALONS IN BUSINESSES FOR 25 YEARS, AND I HAVE FOUND THAT WITH HAVING MY CHILDREN, IT JUST WORKS OUT BETTER FOR ME TO BE AT HOME AND BE AVAILABLE FOR THEM AND BE ABLE TO EARN INCOME TO SUPPORT MY FAMILY.
UM, AT MY LAST HOUSE, I WAS ABLE TO DO THIS AND IT WORKED OUT REALLY WELL.
MY KIDS ARE GETTING OLDER, SO THEY DON'T NEED ME AS MUCH, BUT I STILL WANNA BE ABLE TO BE AT HOME AND BE AVAILABLE FOR THEM AND BE ABLE TO EARN INCOME.
UM, I'M LOOKING FOR A MOTION ON THIS CASE THEN.
UH, REGARDING CASE NUMBER B O A 21 103 0 0 0 6 4, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A REGISTRATION OF A ONE OPERATOR BEAUTY BARBERSHOP WITHIN A SINGLE FAMILY RESIDENCE SITUATED AT 5 1 5 TERRA DRIVE.
APPLICANT BEING SHANNON LOW BECAUSE OF THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT, UH, THE LAW ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WILL RESULT IN AN UNNECESSARY HARDSHIP.
HER HOURS OF OPERATION WILL BE MONDAY THROUGH FRIDAY FROM NINE TO FOUR.
SPECIFICALLY, WE FIND THAT THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
THE PURPOSE OF OF THE REVIEW IS TO ENSURE THAT THE OPERATION OF ONE OPERATOR BEAUTY BARBERSHOP DOES NOT NEGATIVELY IMPACT THE CHARACTER OF THE COMMUNITY.
THE APPLICANT HAS FULFILLED ALL REQUIREMENTS FOR ONE OPERATOR SHOP AS ESTABLISHED IN THE U D C.
AS SUCH, THE BOARD FINDS THAT A SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE PURPOSE OF THE CHAPTER.
THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
PUBLIC WELFARE AND CONVENIENCE WILL BE SERVED AS IT WILL PROVIDE A VALUABLE SERVICE TO THE RESIDENTS OF THE NEIGHBORHOOD.
THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE SUBJECT PROPERTY WILL BE PRIMARILY USED AS A SINGLE FAMILY RESIDENCE.
THE BEAUTY SALON WILL OP WILL OCCUPY ONLY A SMALL PORTION OF THE HOME AS REQUIRED BY THE U D C.
A NEIGHBORING PROPERTY OWNER SHOULD NOT HAVE ANY INDICATION THAT A PORTION OF THE HOME IS BEING USED FOR THIS PURPOSE.
D THE SPECIAL EXCEPTION WILL NOT
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ALTER, EXCUSE ME, THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH SPECIAL EXCEPTION IS SOUGHT.THE REQUESTED SPECIAL EXCEPTION IS NOT LIKELY TO NEGATIVELY IMPACT ADJACENT PROPERTY OWNERS AT THE HOME IS IN CHARACTER WITH THOSE AROUND IT.
DURING THE FIELD VISITS, STAFF NOTED NOTHING VISIBLE FROM THE STREET THAT WOULD INDICATE THE PRESENCE OF A BEAUTY SALON.
ALSO, STAFF NOTED A LARGE DRIVEWAY CAPABLE OF PROVIDING ANY NECESSARY PARKING FOR THE PROPOSED USE.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT.
THAT PRIMARY USE OF THE DWELLING REMAINS A SINGLE FAMILY HOME.
THE GRANTING OF THE SPECIAL EXCEPTION WILL NOT WEAKEN THE PURPOSES OF THE RESIDENTIAL ZONING DISTRICT AND A MOTION.
IS THERE A SECOND? UH, SECOND BY COMMISSIONER RAGMAN.
UM, ANY, UH, ANY DISCUSSION? COMMISSIONER CRUZ? COMMISSIONER CRUZ, WE'D LIKE TO LEAD THE DISCUSSION.
UH, I, UM, WILL GLADLY BE IN FAVOR OF THIS.
I AM, I'M ALWAYS VERY, UH, CONFIDENT WHEN WE HAVE SOMEONE THAT'S TRYING TO MAKE EXTRA INCOME, BUT STILL TAKING CARE OF THEIR FAMILY.
I THINK THIS IS A GOOD IDEA AND, UH, I AM IN COMPLETELY IN FAVOR OF IT.
I'M ALSO GONNA BE IN SUPPORT OF THE MOTION.
THE FACT THAT THE APPLICANT HAS, UH, DONE THIS IN A PRIOR LOCATION, UM, I THINK SPEAKS WELL.
UH, SHE KNOWS HOW TO RUN A BUSINESS AND SHE KNOWS HOW NOT TO INTERRUPT, UM, OR IMPACT HER NEIGHBORS.
UH, THE FACT THAT THE HOUSE DOES HAVE A BIG WIDE DRIVEWAY, UH, SO IT'S NOT GONNA CAUSE A, A PARKING PROBLEM.
UM, AND THEN OF COURSE, IF, IF THE, IF THE KITTY IN THE DRIVEWAY IS THE OFFICIAL GREETER, THAT'S EVEN BETTER.
ANY OTHER COMMISSIONER? UH, COMMENTS OR REMARKS? UH, HEARING NONE.
STAFF, PLEASE TAKE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I ALSO CONCUR, UH, WITH THE FINDINGS OF FACT.
[2. 21-4745 BOA-21-10300065]
PLEASE.LOCATION IS 1002 LAMAR STREET COUNCIL.
DISTRICT TWO APPLICANT IS CHRISTIAN VAGAS.
IT'S REQUEST FOR A 10 FOOT VARIANCE THAT'S REQUIRED 20 FOOT REAR SETBACK TO ALLOW A RESIDENTIAL DWELLING, UH, NEAR SETBACK OF 10 FEET.
SUBJECT PROPERTY IS LOCATED ALONG LAMAR STREET, JUST EAST OF DOWNTOWN, AND THE APPLICANT IS REQUESTING A VARIANCE OF THE REAR SETBACK.
THE PREVIOUS STRUCTURE WAS DEMOLISHED AND IS CURRENTLY A, A VACANT LOT.
THE STREET IS, UH, TO THE REAR IS A SUBSTANDARD STREET, UH, WHICH IF IT WERE AN ALLEY, WOULD ELIMINATE THE NEED FOR THE VARIANCE.
THE PROPERTY IS LOCATED ON BOTH ENDS OF A BLOCK AND DOES NOT HAVE IN THE BUDDING REAR PROPERTY.
HERE'S A COPY OF THE SITE PLAN.
THE DARK SHADED AREA IS THE AREA IN QUESTION.
AS YOU CAN SEE, THE NEIGHBORING PROPERTY IS UNDER CONSTRUCTION AS WELL.
THAT'S THE FRONT OF THE, UH, THE STRUCTURE AND THE, THE VACANT OFFICE IN QUESTION.
THE NEIGHBORING HOMES STAFF RECOMMENDS APPROVAL OF BO O A 21 1 0 3 0 0 0 6 5 FOR A 10 FOOT VARIANCE.
THE REQUIRED 20 FOOT REAR SETBACK AS DESCRIBED IN TABLE 30, UH, THREE 10 DASH ONE TO ALLOW A RESIDENTIAL DWELLING, UH, REAR SETBACK OF 10 FEET BASED ON THE FOLLOWING FINDINGS.
OF FACT, THE PROPOSED STRUCTURE WILL BE SET BACK 10 FEET FROM THE REAR PROPERTY LINE WITH NO BUDDING LOT, AND THE SUBSTANDARD STREET LOCATED IN THE REAR WOULD ELIMINATE THE REQUESTED VARIANCE IF IDENTIFIED AS AN ALLEY.
ZERO IN FAVOR, ONE IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE DUKE HILL NEIGHBORHOOD ASSOCIATION.
APPLICANT IS CHRISTIAN VARGAS.
UH, CHRISTIAN, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD
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AND YOU CAN START YOUR PRESENTATION.MY, MY NAME IS CHRISTIAN VARGAS, AND MY CURRENT ADDRESS IS 1201 AVENUE B SAN ANTONIO, TEXAS 7 8 2 1 5.
UH, WE ARE REQUESTING, UH, A 10 FOOT SETBACK VARIANCE FROM THE EXISTING 20 FOOT VARIANCE, UH, REQUIREMENT TO BE ABLE TO BUILD A HOME, UM, IN THE EXISTING LOT.
THAT THE REASON BEING IS THAT THERE IS CURRENTLY A HERITAGE TREE IN THE SITE, UH, THAT PREVENTS US FROM BUILDING A MODEST HOME OF, UH, 1,630 SQUARE FEET, UM, AND NOT DAMAGE THE CRITICAL ROOT ZONE IN THE TREE AND, OR, UM, RESULT IN A POTENTIAL HAZARD FROM THE TREE ITSELF.
UM, YOU KNOW, AND, AND WITH THE CANOPY DROPPING BRANCHES ONTO THE TREE.
SO THE PLAN IS TO HAVE THE MAIN HOUSE BUILT ON THE WESTERN SIDE.
IF YOU WANNA, UH, MOVE OVER TO SLIDE FIVE, THE MAIN HOUSE IS GONNA BE A, A GABLE LOADED ONTO THE WEST SIDE OF THE LOT.
AND IN ORDER TO COMPLETE THE THREE BEDROOM TWO BATH PLAN, WE HAVE TO BUILD A, A MASTER BEDROOM, UH, FOR WHICH PORTION OF IT WILL HAVE TO BE BUILT IN WITHIN THE 10 FOOT, UH, VARIANCE, UH, REQUEST.
RIGHT NOW WE'RE PLANNING A TOTAL OF 130, UM, SQUARE FEET THAT WILL BE BUILT WITHIN THAT, UH, VARIANCE IF APPROVED.
WE DON'T FEEL LIKE THE, UM, PLAN IMPACTS THE NEIGHBORS IN ANY NEGATIVE WAY AS WE ARE BUILDING A COMPLIMENTARY ONE STORY HOUSE, UH, THAT WILL MATCH, UH, THE, THE AESTHETIC OF, OF THE BUILDING.
AND LIKE IT WAS MENTIONED BEFORE, LOGAN STREET IS A SUBPAR STREET.
UM, WE'RE NOT MODIFYING ITS USE FROM OUR NEIGHBORS AS THEY ALL USE THIS STREET FOR A REAR ENTRANCE OF, OF THEIR HOMES AND FOR PARKING PURPOSES, WHICH IS OUR, OUR PLAN FOR OUR DETACHED CARPORT AS WELL.
UM, I I HOPE THAT, UM, WE'VE PROVIDED ALL THE FACTS NECESSARY TO GET THIS APPROVED.
AND I'LL TURN IT OVER TO YOU GUYS FOR, UM, QUESTIONS OR COMMENTS.
UH, STAFF, IS THERE ANY PUBLIC COMMENTARY? WE HAVE ONE, SIR.
UH, THE VOICEMAIL, SAME PERSON LEFT THE VOICEMAIL, SO WE'RE GONNA PLAY THE VOICEMAIL NOW.
I OWN THE PROPERTY AT 10 0 1 LAMAR STREET.
I RIGHT NEXT DOOR TO THE PROPERTY THAT IS SOLICITING THE VARIANCES AT 10 0 2.
LAMAR, THIS SOLICITATION IS NOT A FEASIBLE IDEA.
THIS AREA IS CUTTERED NOW, AND I THINK IT WILL CONTINUE BE A MISS.
THEREFORE, I'M NOT IN FAVOR IT BEING FOUR.
AND THAT CONCLUDES ALL COMMENTARY.
UH, WITH THAT, IS THERE ANY COMMISSIONER QUESTIONS? CRUZ? COMMISSIONER CRUZ? UM, I AM TOTALLY CONFUSED IF THE CONSTRUCTION IS GONNA BE ON 1 0 2 LAMAR, HOW CAN THE NEIGHBOR BE RIGHT NEXT DOOR? WOULDN'T SHE BE ACROSS THE STREET IF SHE SAID THOUSAND AND ONE? SHE IS ACROSS THE STREET, MA'AM.
GUESS WHAT? I KEPT THINKING, I'M LIKE, OKAY, THAT DIDN'T MAKE NO SENSE.
AND THAT'S WHAT I NEEDED TO DOUBLE CHECK.
ANY OTHER QUESTIONS? FISHER? HEY, COMMISSIONER FISHER.
UH, DID THE ADJACENT NEW DWELLING HAVE TO HAVE A SIMILAR TYPE SETBACK, UH, APPLICATION? ACTUALLY, UH, OH, SORRY.
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NO, MA'AM.THE CONSTRUCTION OF THAT ONE, UH, WAS FINE.
UH, THIS IS GONNA EXTEND A LITTLE BIT DUE TO THE TREE.
UH, ANY OTHER QUESTIONS? MANNA, COMMISSIONER MANNA.
SO, UM, YOU KNOW, I'M TRYING TO LOOK AT GOOGLE VIEW HERE, AND, AND SO I SEE A SPACE AND, AND SO IT'S A LITTLE CONFUSING WITH REGARDS TO WHICH PROPERTY WE'RE LOOKING AT.
SO ON THE, ON THE MAP HERE, IT LOOKS LIKE THERE'S A SIDE PROPERTY AT 1000, AND THEN THERE'S A, YOU KNOW, A HOME AT 1002, I GUESS THAT IS BEING DEMOLISHED.
AND SO, SO THE, UM, IS THERE, SO 1000 LOOKS LIKE THERE'S A BUNCH OF STUFF STACKED ON IT.
IF, IF THE, IF THE, IF THE AERIAL VIEW IS CORRECT.
AND SO, SO IS THAT A SEPARATE PROPERTY THAT POTENTIALLY MAYBE THE PERSON ACROSS THE STREET IS, IS, IS TALKING ABOUT AND MAYBE CONFUSED WITH? SO I'M TRYING TO UNDERSTAND WHAT THE RELATIONSHIP IS ON THE, ON GOOGLE MAPS, ON THE AERIAL VIEW WITH, WE'LL SAY THAT THAT NEIGHBORING PROPERTY, IF, IF THAT IS A NEIGHBORING PROPERTY, OR IF IT IS, THIS PROPERTY HAS LOTS OF SHEDS ON IT.
AND THEN, WELL, THIS ONE HERE WAS DEMOED.
UM, SO THE NEIGHBORING PROPERTY YES.
WAS UNDER CONSTRUCTION, SO I'M NOT SURE IF SHE WAS CONFUSED BY IT.
UH, BUT, UH, THIS LOT SPECIFICALLY IS A VACANT LOT.
UM, THE, THE STREET VIEW, UH, I'M SORRY.
THE SATELLITE IMAGERY IS OUTDATED.
SINCE THAT, UH, IMAGE WAS TAKEN, BOTH LOTS A THOUSAND LAMAR AND 1,002 LAMAR HAVE BEEN CLEARED.
AND IF YOU SEE ON SLIDE TWO, A THOUSAND LAMAR HAS ALREADY BEEN BUILT, UM, AND THERE'S A BRAND NEW TWO STORY HOME.
UH, I WANNA SAY THE SAME LENGTH AS OUR PLAN.
UH, I DON'T KNOW IF THEY WENT THROUGH A VARIOUS PROCESS OR NOT, BUT WE'RE ESSENTIALLY PROPOSING A, A SINGLE STORY HOME WITH A VERY LOW FLAT BEDROOM.
THAT IS WHAT'S GONNA BE BUILT WITHIN THE VARIANCE NO HIGHER THAN 10 FEET TALL.
SO I DON'T THINK IT, IT WILL REALLY CLUTTER, UM, THE NEIGHBOR'S FROM, FROM HER PERSPECTIVE.
SHE'S ONLY GONNA BE SEEING THE FRONT OF THE GABLE, WHICH IS A VERY SIMPLE, SLEEK ONE STORY GABLE.
UM, SO I, I DON'T SEE HOW SHE WILL BE IMPACTED.
STEPH, CAN YOU, CAN YOU BRING UP SLIDE TWO PLEASE? THAT HE, THAT'S BEING REFERENCED.
SO ON, ON THE RIGHT SIDE, YOU'LL SEE THE NEW HOME THAT WAS CONSTRUCTED IN A THOUSAND LAMAR, AND THEN OUR LOT AND THE TREE THAT IS ACTUALLY, YOU KNOW, IMPACTING OUR ABILITY TO BUILD IS THE ONE THAT, SO THAT'S WHY, UM, THIS IS GONNA BE THE VIEW OF THE COMPLAINING NEIGHBOR.
AND AGAIN, THE, THE FRONT FACADE OF THE BUILDING.
WE'VE VERY SIMPLE FROM HER PERSPECTIVE.
AND THAT, THAT, YOU KNOW, I CAN SEE THE CLUTTER IN THE, IN THE AERIAL PICTURE, BUT, BUT YES, THAT, THAT DOES, UH, LOOK, LOOK GOOD.
UM, ARE THERE ANY OTHER COMMISSIONER QUESTIONS? I ALL RIGHT.
UM, I HAVE NO QUESTIONS MYSELF.
SO, UH, FOR MR. UH, MR. VARGAS, YOU'VE, YOU'VE HEARD OUR, OUR LINE OF QUESTIONING AND YOU'VE HEARD THE PUBLIC COMMENTARY, YOU, YOU'LL HAVE UP TO THREE MINUTES TO PROVIDE ANY CLOSING REMARKS BEFORE WE CONCLUDE AND, UH, DELIBERATE THIS ISSUE STARTING NOW.
WELL, I JUST WANNA THANK EVERYONE FOR, FOR YOUR TIME.
OBVIOUSLY WE'RE, WE'RE PLANNING TO BUILD A BRAND NEW HOME.
WE ARE, UH, INVESTING IN A LOT OF GREEN FEATURES.
I THINK THAT IT'LL BE COMPLIMENTARY TO, TO NOT ONLY THE, THE, THE STREET FROM A AESTHETIC POINT OF VIEW, BUT ALSO THE CITY FROM AN ELECTRICITY LOAD AND, AND, UM, YOU KNOW, GREEN FEATURES PERSPECTIVE.
WE HOPE THAT YOU APPROVE THIS.
UM, WE DON'T PLAN TO DO ANYTHING TOO EXTRAVAGANT THAT WILL, YOU KNOW, AFFECT THE VALUE OF THE, THE HOMES AROUND US.
UM, WITH THAT, IS THERE A COMMISSIONER WOULD LIKE TO MAKE A MOTION THIEL COMMISSIONER THIEL REGARDING CASE NUMBER BO O A DASH 21 DASH 0 3 0 6 5.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A 10 FOOT VARIANCE TO THE REQUIRED 20 FOOT REAR SETBACK AS DESCRIBED IN TABLE THREE 10 DASH ONE TO ALLOW A RESIDENTIAL DWELLING TO BE 10 FOOT FROM THE REAR PROPERTY LINE SITUATED AT 1 0 0 2 LAMAR STREET, APPLICANT BEING CHRISTIAN VARGAS.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS
[00:20:01]
AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC.
THERE'S NO ABUTTING PROPERTY IN THE REAR IN WHICH THE VARIANCE IS SOUGHT TO DUE TO SPECIAL CONDITIONS THAT LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
STAFF FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN UNNECESSARY HARDSHIP.
AN ALLY ABUTTING THE REAR OF THE PROPERTY WOULD NORMALLY ELIMINATE THE REQUIREMENT OF A VARIANCE.
HOWEVER, LOGAN STREET IS A SUBSTANDARD STREET.
THREE, BY GRANTING THE VARIANCE SPEAR TO THE ORDINANCE WILL BE SERVED, WILL BE OBSERVED, AND SUBSTANTIAL JUSTICE WILL BE DONE.
SPIRIT ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE REAR SETBACK IS REQUIRED TO MAINTAIN DISTRACT FROM REAR ABUTTING PROPERTY, WHICH THIS LOT DOES NOT HAVE.
OR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUEST TO REDUCE THE REAR SETBACK WILL NOT IMPACT ADJACENT CONFORMING PROPERTY.
THERE IS NO REAR BUDDING PROPERTY AND THE SIDE OF BUDDING PROPERTIES ARE NOT INTRUDED ON.
THE PLIGHT OF THE OWNER FOR THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF THE GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THAT THE UNIQUE CIRCUMSTANCES EXISTING ON THIS PROPERTY WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOR ARE THEY MERELY FINANCIAL.
THE PROPERTY IS LOCATED ON BOTH ENDS OF THE BLOCK WITH SUBSTANDARD STREET IN THE REAR END OF MOTION.
IS THERE A SECOND? WE HAVE A SECOND BY COMMISSIONER BRAGMAN AND TEAL.
UH, WOULD YOU, COMMISSIONER TEAL, WOULD YOU LIKE TO LEAD THE DISCUSSION? YES, UH, I'M, I'M ALWAYS A BIG PROPONENT FOR INFILL DEVELOPMENT.
UM, YOU KNOW, BRINGING REVITALIZATION BACK TO SOME OF THESE COMMUNITIES, UM, ESPECIALLY IN THE URBAN CORE HERE.
THEY'RE, YOU KNOW, OBVIOUSLY WITH THE HERITAGE TREE, THERE'S, THERE'S SOME CONSTRAINTS IN THEIR DESIGN.
AND THEN I THINK THIS, UH, WILL, WILL HELP THEM GET WHAT THEY'RE LOOKING FOR AND, AND BRINGING NEW PROPERTY BACK TO LIFE.
YES, I'M IN A HUNDRED PERCENT AGREEMENT WITH MY, UH, COLLEAGUE.
I'M GONNA BE IN SUPPORT THE MOTION.
I'M REALLY PLEASED THAT, THAT THE APPLICANT IS SAVING THAT HERITAGE TREE.
UM, AND, YOU KNOW, FINDING WAYS TO, UH, BE ENERGY EFFICIENT.
IS THERE ANY OTHER COMMISSIONERS WHO WOULD LIKE TO ADD TO THE DISCUSSION? UH, HEARING NONE.
UM, I WILL DISCLOSE BY SAYING I'M ALSO IN SUPPORT.
UH, UH, SO WITH THAT STAFF, IF YOU COULD PLEASE TAKE A NO CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
MR. UNA? YES, I CONCUR AND SHARE ORIAN.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
[3. 21-4746 BOA-21-10300066]
ITEM ON THE AGENDA, PLEASE STAND BUSTER.WE'LL MAKE SURE WE HAVE THE APPLICANT ON, ON THE PHONE WITH US.
[00:25:06]
WE'RE STILL MOVING IN THE APPLICANT.WE WANNA BE ABLE TO NO, THAT'S OKAY.
I WAS JUST GONNA ADD THAT WHEN YOU, WHEN YOU DO YOUR PRESENTATION, IF YOU COULD KIND OF ZOOM IN AND USE YOUR MOUSE TO JUST MAKE SURE YOU, BECAUSE IT LOOK LIKE THERE'S SOME EXISTING STRUCTURES AND NEW STRUCTURES ON THERE.
JUST MAKE SURE WE'RE ALL REALLY UNDERSTANDING OF WHAT'S GOING ON AND, OKAY.
WELL, NANA, I HAVE A QUESTION TOO.
SO, UM, ON THE FIFTH BULLET, IT TALKS ABOUT ITEMS 2, 4, 6, AND SEVEN BEING APPROVED PREVIOUSLY.
SO I'M CONFUSED, YOU KNOW, MAYBE CLARIFY, UM, 'CAUSE WE'RE LOOKING AT, ARE WE REAPP APPROVING THAT OR, OR TRYING TO UNDERSTAND WHY IT'S LISTED HERE TWICE OR? YES, PLEASE, PLEASE, UH, GO INTO DEPTH ABOUT THAT.
YEAH, AS WE PRESENT, WE'LL TALK A LITTLE BIT ABOUT THAT AND, AND TELL THE STORY.
OKAY, WE'VE GOT P O A CASE 21 1 0 3 0 0 0 6 6.
LOCATION IS SEVEN 16 NAER COUNCIL DISTRICT THREE.
THE APPLICANT IS, UH, LUIS REYES.
ONE 19 FOOT 11 INCH VARIANCE, UH, FROM THE REAR 20 FOOT REAR SETBACK TO ALLOW A ONE INCH, UH, REAR SETBACK.
TWO, A FENCE MATERIAL VARIANCE ALLOW CORRUGATED METAL FENCE.
THREE A NINE FOOT VARIANCE FROM THE 15 FOOT CLEAR VISION AREA TO ALLOW A SOLID SCREEN FENCE, UH, WITH A SIX FOOT CLEAR VISION AREA.
FOUR, A FOUR FOOT, TWO INCH VARIANCE FROM THE MINIMUM FROM THE 10 FOOT FRONT SETBACK TO ALLOW A FIVE FOOT 10 FRONT SETBACK.
FIVE A 45% VARIANCE FROM THE 50% LIMIT FRONT YARD IMPERVIOUS COVER TO ALLOW IT.
95% FRONT YARD IMPERVIOUS COVER.
A FOUR FOOT FIVE INCH VARIANCE OF THE FIVE FOOT SIDE SETBACK TO ALLOW A SEVEN INCH, UH, SIDE SETBACK WITH A ONE UH, FOOT OVERHANG IN THE SOUTHERN SIDE.
AND SEVEN, A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A BACKSIDE AND FRONT YARD FENCE TO BE SEVEN FEET, SIX INCHES TALL.
HOWEVER, ITEMS 2, 4, 6 AND SEVEN WERE APPROVED PREVIOUSLY ON JANUARY 9TH, 2018 BY THE BOARD OF ADJUSTMENT.
UH, THIS IS CURRENTLY ZONED R FOUR A H O D.
SUBJECT PROPERTY IS LOCATED OFF OF SOUTHWEST STREET AND THE APPLICANT INITIALLY REQUESTED A REAR SETBACK VARIANCE FOR REAR, UH, NEW ATTACHED GARAGE.
UPON THE UH, STAFF SITE VISIT, STAFF NOTICE DEFENSE MATERIAL, CLEAR VISION, FRONT AND SIDE, UH, CARPORT SETBACK OVER 50% IMPERVIOUS COVER IN THE FRONT YARD AND THE SEVEN FOOT SIX INCH FRONT YARD FENCE, WHICH ARE ADDED TO THE APPLICATION.
THE LOT IS 2,310 SQUARE FEET IN AN R FOUR BASE ZONING DISTRICT, WHICH REQUIRES A MINIMUM OF 4,000 SQUARE FEET.
UH, DWELLING APPEARS TO HAVE BEEN BUILT IN 1922 FOR BEXAR COUNTY RECORDS.
APPLICANT INDICATED THAT NO COMMERCIAL USE IS CONDUCTED IN THE NEW GARAGE.
UH, STAFF JUST FOUND OUT THE VARIANCES, UH, FOR THE FRONT SETBACK SIDE, CARPORT SETBACK, CORRUGATED METAL FENCE, AND THE SPECIAL EXCEPTION FOR A SEVEN FOOT TALL SINCE RECEIVED, UM, APPROVAL FROM THE BOARD ON JANUARY 9TH, 2018.
THEREFORE, THESE REQUESTS HAVE BEEN ELIMINATED FROM THE ORIGINAL ADVERTISED REQUEST LIST.
HERE'S A COPY OF THE SITE PLAN.
UH, THIS IMAGE IS PRIOR TO CONSTRUCTION.
AS YOU CAN SEE WITH THE NEW IMAGE.
THE GARAGE IS AT THE BACK, UH, CONNECTED TO THE HOME FRONT OF THE HOME.
STILL THE FRONT NEIGHBORING STREET, THE NEIGHBORING HOME AS WELL.
AND THE METAL FENCE FROM THE SIDE STREET, YOU CAN SEE THE GARAGE, UM, FROM A NEIGHBORING STREET.
STAFF RECOMMENDS DENIAL AND BO 21, 1 0 3 0 0 0 6 6 FOR ONE A 19 FOOT, 11 INCH VARIANCE, UH, FOR THE 20 FOOT REAR SETBACK AS DESCRIBING 35 OR THREE 10 UH DASH ONE TO ALLOW A ONE INCH PER SETBACK TO A NINE FOOT VARIANCE FOR THE 15 FOOT CLEAR VISION AREA AS DESCRIBED IN SECTION 35 5 5 14 TO ALLOW A DRIVEWAY WITH A SIX FOOT CLEAR VISION AREA.
AND THREE, A VARIANCE FOR THE 50 FOOT PERCENT LIMIT FOR THE FRONT YARD IMPERVIOUS COVER AS DESCRIBED IN TABLE FIVE 15 DASH ONE.
TO ALLOW FRONT YARD IMPERVIOUS COVER OF OVER 50% BASED ON THE FOLLOWING FINDINGS OF FACT,
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THE REAR SETBACK WILL LEAVE NO ROOM FOR MAINTENANCE OF THE STRUCTURE.THE WELFARE OF THE NEIGHBORHOOD WILL NOT BE PROTECTED WITH A CLEAR VISION VARIANCE.
AND THE IMPERVIOUS COVER LEAVES ALMOST NO PERVIOUS MATERIAL, UH, AREA IN THE FRONT YARD.
ZERO RECEIVED IN FAVOR, ZERO IN OPPOSITION.
AND THERE IS NO NEIGHBORHOOD ASSOCIATION.
UM, WE DO HAVE THE APPLICANT ON THE LINE.
MA'AM, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
UM, MY NAME IS, UM, ERICA REYES.
AN RE UM, MY ADDRESS IS 7 1 6 STREET, SAN ANTONIO, TEXAS.
UM, I ALSO BUILT A SHED 'CAUSE MY BROTHER IS ON THE DIALYSIS.
HE CAN'T BE IN THE HEAT AND HE LIKES TO BE OUTDOORS.
ANOTHER THING AS WELL, UM, THE ALLEY'S REALLY DARK AT NIGHT.
I ALSO BUILT A SHED FOR PROTECTION.
AS YOU CAN TELL ON THE STREET, THERE'S A KNIFE.
UM, THERE'S SOMETIMES PEOPLE FIND THE ALLEY, THERE'S SOMETIMES, UM, PEOPLE USING THE ALLEY AS A HOTEL.
UM, PEOPLE TEND TO HIDE IN THE ALLEY A LOT.
UM, THE, IT WILL NOT ENDANGER THE SHED WILL NOT, THE SHED WILL NOT ENDANGER ANYONE.
WELL, IT DOESN'T CAUSE NOT BE AN ISSUE.
I EVEN ASKED MY NEIGHBORS IF THEY'RE OKAY WITH IT.
THEY DIDN'T SEE A PROBLEM WITH THE SHED.
AS YOU CAN SEE, THERE'S A TREE FALLING DOWN THERE AND IT'S LIKE THE ISSUE BECAUSE IT CAN FALL ON ONE OF THE HOUSES AS WELL.
UM, THE ALLEY, LIKE THEY SAID, IT'S, YOU CAN SEE SOME OF THE GRASS IS ALREADY TALL IN THE BACK.
UM, THE SHED, I USED IT FOR MY BROTHER 'CAUSE HE LIKES TO BE OUTDOORS.
AND SINCE HE STARTED DIALYSIS, HE CAN'T BE IN THE HEAT.
AND HE LIKES TO BE OUTDOORS A LOT.
HE CAN'T BE IN THE SUN BECAUSE, LIKE, SINCE HE'S REALLY BLIND, THE SUN HITS HIM.
HE ONLY SEES A LITTLE BIT OF FROM HIS LEFT EYE.
AND THERE'S A LOT OF CRIMINAL ACTIVITY.
UM, ALSO WHEN THE OFFICERS, POLICE OFFICERS ARE CHASING A CRIMINAL THROUGH THE NEIGHBORHOOD, THEY JUMP THE FENCES INTO MY BACKYARD.
SOMETIMES IN THE BACKYARD I HAD SOMEONE LIKE KNOCK ON MY, UH, STRING DOOR.
THEY'RE TRYING TO PULL IT, TRYING TO OPEN MY DOOR BECAUSE I LIVE REALLY, I LIVE IN A BAD NEIGHBORHOOD.
I LIVE IN A, I LIVE IN A REALLY BAD NEIGHBORHOOD AND SOMETIMES PEOPLE DON'T ROT.
I HAVE NAILS IN THE ALLEY SOMETIMES.
I HAD, UM, TO REPAIR MY TIRE FROM A NAIL IN MY TIRE BECAUSE WHERE PEOPLE DROP, UH, SYRINGES AND THEY USE DRUGS IN THE ALLEY.
UM, I HAD TO REPAIR, LIKE I SAID, I HAD TO REPAIR MY TIRE ONE TIME 'CAUSE THERE'S A NAIL IN MY TIRE.
UM, THERE'S ALSO A LOT OF FIGHTS.
THERE'S SO MANY PEOPLE WANTING THROUGHOUT THE ALLEY.
THERE'S SO MANY PEOPLE THAT DO NOT LIVE IN THIS AREA.
AND THE WALMART ALLEY, THEY USE IT AS, LIKE I MENTIONED, LIKE THEY DO.
UM, THEY DO HAVE SEXUAL RELATIONS SINCE I DID FIND TON ONE TIME ON THE FLOOR.
AND I, I REPORTED SO MANY TIMES TO THE OFFICERS AND LIKE, THEY TOLD ME THAT THE CITY HAS TO TAKE OUR CARE, THE ALLEY.
'CAUSE WHICH CALL? UM, IT'S REALLY TALL.
UH, AND THEN THERE, SO THERE'S A LOT.
I I JUST WANNA MAKE SURE THAT YOU'RE, UM, YOU KNOW, ON POINT WITH, WITH THE HEART, THE HARDSHIPS YOU'VE EXPLAINED, UH, ABOUT THE CRIME IN THE AREA AND, AND WHAT'S, WHAT'S GOING ON WITH THE NEED.
UH, I JUST WANNA MAKE SURE THAT, UH, THAT YOU'RE JUST STAYING ON POINT.
UH, UM, ALSO LIKE THE SHED, I USED IT AS WELL FOR PROTECTION FOR MY CARS FROM THE BAD WEATHER.
UM, IT'S THE HELL, THE RAIN, LIKE I SAID, LIKE MY BROTHER USES IT FOR OUTSIDE 'CAUSE HE LIKES TO ENJOY THE OUTDOORS.
LIKE SINCE HE STARTED DIALYSIS, LIKE HE TURNED REALLY MEAN IN THE HEAT AND HE'S BUSY LYING AND HE JUST LIKES TO SIT OUT THERE ONCE IN A WHILE AND ENJOY THE FRESH AIR.
AND WE ALSO DID THAT FOR HIM BECAUSE HE WANTS TO BE OUT THERE IN THE BACKYARD.
UM, ALSO, LIKE HE SAID THAT CRIMINAL ACTIVITY IS REALLY BAD AROUND THE NEIGHBORHOOD.
IT'S JUST LIKE, UM, IT'S REALLY, REALLY BAD.
IT'S JUST LIKE A LOT OF RELATIVITY ON, THERE'S A NAME RIGHT.
AND SOMETIMES WHEN SHE SELLS HER PRODUCTS, IT'S JUST LIKE, UM, THEY COME TO THE ALLEY AND THEY DO THEIR, UM, THEIR DRUGS HERE IN THE ALLEY.
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I WAS CHASED ONE TIME AS WELL.I WAS COMING HOME ONE NIGHT AND SOMEONE CHASED ME DOWN.
SO I THINK THAT IS ALL I HAVE TO SAY.
UH, STAFF, IS THERE ANY PUBLIC COMMENTARY? UH, NO SIR.
I THOUGHT I SAW, UM, A LETTER THAT WAS ON THE SCREEN THAT'S FROM THE APPLICANT.
WELL WITH THAT, ARE THERE ANY COMMISSIONER QUESTIONS? CRUZ COMMISSIONER CARUS, UH, THE QUESTIONS FOR THE APPLICANT ON THE ALLEY, SINCE THE GRASS IS SO HIGH, HAS ANYONE CALLED CO COMPLIANCE TO MAKE SURE THAT GETS DONE? UM, NO.
LIKE I USED TO DO IT AND THEN I DON'T KNOW WHAT HAPPENED.
LIKE, I DON'T KNOW IF THE NEIGHBORS DON'T LISTEN TO THE COMPLIANCES THAT THEY HAVE TO CLEAN THE PARTS OF THE ALLEY, THAT PART OF THE BACKYARD.
BUT IT'S JUST LIKE REALLY UNNECESSARY FOR ME TO KEEP HAULING EVERY TIME.
IT'S JUST LIKE, IT'S REALLY BAD AND I FEEL LIKE IT'S JUST LIKE THE NEIGHBORS DON'T REALLY TAKE PART OF THEIR, UH, TAKING PART OF TAKING CARE OF THEIR ALLEY.
IT'S LIKE, AND YOU CAN TELL ON MY SIDE, THE ALLEY IS REALLY CLEAN.
I TRY TO KEEP, KEEP IT CLEAN AND IT'S REALLY TOUCHED SHORT.
SO THERE'S NO GRASS ON MY SIDE WHATSOEVER.
IT'S JUST LIKE TOUCHES THE GRASS WE, YEAH.
AND THEN WHEN I DO CLEAN IT, WHEN THE GRASS IS A LITTLE BIT AMOUNT OF HAND FOR ME, I TEND TO FIND KNIVES, NEEDLES, UM, DRUGS, LIKE CONDOMS AND STUFF LIKE THAT ON MY SIDE.
ARE THERE ANY OTHER COMMISSIONER QUESTIONS? OKAY.
YEAH, REGARDING THE, THAT STORAGE, THE SHED THAT'S IN THE BACK, WHERE DOES THE WATER DRAIN TO WHAT SIDE THIS IS FOR THE APPLICANT? WHAT WAS THE QUESTION? WHERE DOES THE WATER GO THAT COMES OFF OF THAT SHED THAT YOU BUILT IN THE BACK? IT'S THOSE TWO SIDES AND THOSE TWO, LIKE THE BACK OF THE NEIGHBOR, LIKE THE SIDE OF THE SHED? NO, NO, IT DOESN'T GO TO THE NEIGHBOR.
IT GOES TO LIKE THE LITTLE SCENE RIGHT THERE.
IT COMES DOWN AND DOESN'T GO TO THE NEIGHBOR.
AND HOW, HOW DO YOU MAINTAIN THAT BACKSIDE IF YOU CAN'T GET ACCESS TO THE, WITHOUT GOING TO THE NEIGHBOR'S YARD, IF YOU NEEDED TO, TO PAINT OR SOMETHING ON THAT? BACK ON THAT SIDE, THE SIDE, LIKE ON THE OTHER SIDE OF THE HOUSE, I, UH, I JUST TALKED TO THE NEIGHBOR.
I'M LIKE, IS THERE ANY WAY 10 TIMES YOUR BACKYARD JUST FOR LIKE MAYBE AN HOUR OR TWO OR TO DO SOMETHING BACK HERE? BUT THEN THE SHED'S ALREADY BUILT.
I DON'T THINK, I DON'T HAVE TO ASK HER ANYMORE.
AND THEN MY OTHER NEIGHBOR THAT'S BEHIND ME ALSO, I ASKED HIM, BECAUSE HE'S THE OWNER OF THE HOUSE, HE'S RUNNING THE HOUSE OUT TO SOME RESIDENT.
UM, I DO ASK THEM FOR PERMISSION.
I DON'T GO INTO THE PROPERTY WITHOUT PERMISSION.
I DO ASK THEM, AM ABLE TO COME INTO YOUR BACKYARD.
DID YOU, DID Y'ALL BUILD THIS OR DO YOU, DID Y'ALL HAVE A CONTRACTOR BUILD IT OR DID Y'ALL BUILD IT YOURSELVES? WE, UH, BUILT IT OURSELVES.
UH, NO, IT WAS THE ONE THAT I PAID SOMETIME BACK THEN IT WAS, UH, BUT I DIDN'T HAVE A CONTRACT TO HELP ME.
I JUST, LIKE I DID IN MYSELF WHEN I DID GO IN.
AND YOU HAVE ELECTRICAL IN THE SHED OR PLUMBING IN THE SHED? NO.
UM, I, I NEED TO ASK A COUPLE QUESTIONS MOSTLY FOR CLARIFICATION, UH, TO STAFF.
STAFF IN THE, IN THE STAFF REPORT.
UH, YOU MENTIONED THAT THERE IS NO PERMIT ASSOCIATED WITH THIS.
WAS THERE ANY PERMIT PULLED ON THIS ADDRESS AT ALL? UH, NO SIR.
AND THEN YOU HAD MENTIONED THAT, UH, SOME OF THESE ITEMS WERE ALREADY APPROVED BY THE BOARD BACK IN 2018.
DID THEY, WAS THERE AN EXERCISING OF, OF, UH, OF THE, OF THE BO O A APPROVAL? BECAUSE I KNOW IF YOU DON'T, IF YOU DON'T MOVE FORWARD WITH SOMETHING WITHIN A, A CERTAIN AMOUNT OF TIME, THE APPROVAL GOES AWAY.
CAN YOU SPEAK ABOUT THAT PLEASE? SO YOU DO HAVE 12 MONTHS, UM, TO PULL THE PERMIT FROM THAT TIMEFRAME.
SO BASED ON WHAT WE'VE SEEN WITH THE, UH, GOOGLE IMAGERY, GOOGLE IMAGERY, IT LOOKS LIKE THOSE ISSUES WERE RESOLVED WITHIN THAT TIMEFRAME.
MY UNDERSTANDING IS, UH, THERE WERE CODE COMPLIANCE CASES AT THAT TIME AS WELL, AND THAT'S, AND THAT'S ENOUGH TO,
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TO BE CONSIDERED AN EXERCISE OF, OF THE IMPROVEMENT, UH, PERMITS WOULD'VE HAD TO BEEN PULLED AS WELL.SO WHAT I'M, SO WHERE I'M GOING WITH THIS IS THAT EVEN THOUGH THE BO O A MAY HAVE APPROVED IT SINCE A, SINCE A PERMIT WAS NOT APPLIED FOR, UH, OR GRANTED IF THOSE APPROVALS ARE MOOT, IS THAT WHY THIS IS, UM, THIS HAS ALL SEVEN ON THE AGENDA FOR US TO RECONSIDER THEM? NO, SIR.
IT WAS US NOT REALIZING WE HAD A CASE BACK THEN.
UM, SO WHEN STAFF, WHEN WE WENT OUT, WE IDENTIFIED ALL OF THE DIFFERENT ISSUES ON THE SITE AND WE SIMPLY MOVED FORWARD WITH THEM AS SUCH.
IT WAS BROUGHT TO OUR ATTENTION RECENTLY THAT THERE WAS ACTUALLY A CASE IN 2018 THAT WE MISSED.
UM, AND BECAUSE OF THAT, THAT'S WHY WE REMOVED THOSE TODAY.
BUT, BUT, UH, IF, BUT IF A PERMIT WAS NOT APPLIED FOR, DON'T THOSE APPROVALS EXPIRE? WELL, MAYBE THAT'S A QUESTION FOR THE ATTORNEY.
WAS THAT QUESTION FOR ME? OH, UH, NO MA'AM.
WHAT JAKE WAS SAYING WAS THAT THE, UH, NO PERMITS WERE PULLED FOR THE RECENT ACTIVITY, BUT EVERYTHING HAS BEEN RESOLVED.
RELATED TO THE PREVIOUS ACTIVITY? CORRECT.
AND THEN, UH, WITH THAT, UH, ONE OF THE, ONE OF THE VARIANCES THAT WE'RE GOING TO HEAR TODAY IS, IS REGARDING, UH, CLEAR VISION.
RIGHT? UH, BUT IF THEY ALREADY BUILT THE FENCE, IF THAT WAS PART OF THE VARIANCE THAT WAS APPROVED IN 2018, WAS A CLEAR VISION JUST MISSED BACK THEN? THAT IS POSSIBLE.
OR THE, THE METAL FENCE WAS PUSHED FURTHER FORWARD ON, IT'S UNCLEAR, BUT BECAUSE OF THE METAL FENCE, UM, WE INCLUDED IT, UH, FOR, YOU KNOW, THIS MEETING ITSELF.
NOW, AND THEN THAT ALSO THE SAME WITH THE, UH, LIM, UH, PREVIOUS COVER LIMITATION, UH, FOR 95%.
I MEAN, IT LOOKS LIKE THE, THE SHED IN QUESTION IS IN THE REAR OF THE PROPERTY.
THE VARIANCE IS FOR FRONT YARD IMPERVIOUS COVER.
WOULD THAT ALSO SHOULD HAVE BEEN DONE? 2018? SHOULD HAVE BEEN, I WOULD IMAGINE, BUT, UM, UNCLEAR WHAT TOOK PLACE BACK IN 2018.
YOU'RE JUST TRYING TO COVER EVERYTHING.
'CAUSE IT, YOU KNOW, WHEN I LOOK AT PICTURES, IT JUST, IT JUST LOOKS LIKE SOME OF THE STUFF IN THE FRONT YARD MAY HAVE BEEN THERE A VERY LONG TIME AND NOT NECESSARILY, YOU'RE JUST TRYING TO COVER ALL YOUR BASES.
WHENEVER WE CATCH ANYTHING NEW, WE TRY TO CATCH IT.
THANK YOU FOR CLARIFYING THAT.
I'D LIKE TO TURN THIS OVER BACK TO THE COMMISSIONER QUESTIONS IF THERE'S ANY ADDITIONAL QUESTIONS FROM COMMISSIONERS.
MIN CHAKA, COMMISSIONER MIN CHAKA, UH, I JUST WANT A LITTLE MORE CLARIFICATION.
THERE'S A CONFLICT HERE BETWEEN THE CORRUGATED FENCE AND THE, UH, REQUESTED VARIANCE AND CLEAR, I MEAN, THE CLEAR VISION THING.
UH, WHAT AM I, UH, TRYING TO, UH, ASSESS HERE? THE IMAGE YOU YOU'RE SEEING RIGHT NOW, SIR.
RIGHT ON THAT FAR END, YOU SEE HOW THE SOLID FENCE GOES ALL THE WAY TO THE FRONT YARD? CORRECT.
UM, ALL THE WAY TO THE FRONT FENCE, ULTIMATELY WITH CLEAR VISION, SINCE THERE'S A DRIVEWAY THERE AS WELL.
UH, THERE THE CODE REQUIRES 15 FEET FROM THE OUTSIDE EDGE OF CURB TO THAT FENCE.
THAT WAY YOU CAN ACTUALLY, UM, HAVE ENOUGH SPACE IN CASE TRAFFIC IS COMING.
BUT, UH, WITH, WITH THE, UH, 2018 DECISION ALREADY, IT'S ALMOST LIKE, UH, YOU'RE AT A, AT A STALEMATE HERE.
WHERE DO YOU GO WITH THAT? I WOULDN'T SAY IT'S A STALEMATE, SIR.
'CAUSE BACK THEN THEY ONLY REVIEWED THE FENCE.
UM, THE CLEAR VISION WASN'T BROUGHT UP AT THE TIME.
SO WE NOTICED IT DURING THIS TIMEFRAME THAT, THAT THERE WAS A CLEAR VISION ISSUE.
SO AGAIN, WE'RE JUST TRYING TO COVER EACH BASIS SINCE SHE'S ALREADY COMING TO THE BOARD ALREADY.
UM, CAN I JUST HAVE SOME CLARIFICATION, UM, FROM STAFF.
SO NOW THAT WE, WE KNOW IN 2018 THERE WERE ITEMS THAT YOU IDENTIFIED HAD ALREADY BEEN ADDRESSED.
WHAT, WHAT AM WHAT ARE WE LOOKING AT RIGHT NOW? WHAT AM I, WHAT IS BEING ADDRESSED? WHAT DO WE NEED TO DISCUSS ON THIS RIGHT NOW? SO ITEMS 1, 3, 5.
SO WE'RE LOOKING AT THE 19 FOOT TO THE REAR SETBACK.
SO THAT'S THE CLEAR VISION THAT WE DISCUSSED.
AND THEN ITEM FIVE, WHICH IS THE IMPERVIOUS COVER IN THE FRONT YARD.
AND THEN SIX, NO OH, SIX IS COVERED.
THE REAR SETBACK, CLEAR VISION, AND THEN THAT, UM, IMPER COVER IN THE FRONT YARD.
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FOR STAFF.GO BACK TO THE PICTURE THAT YOU WERE SHOWING THE WHOLE HOUSE.
AND YOU CAN SEE THE FENCE TO THE RIGHT THERE.
SO IF THE CLEAR VISION WOULDN'T BE FOR THEM BECAUSE THEY'RE NOT BACKING OUT TO THE STREET, THEY'RE BACKING OUT TO THE ALLEY.
SO IT WOULD BE BECAUSE OF THE NEIGHBOR THAT THEY COULD, WOULDN'T BE ABLE TO SEE BACKING OUT.
WHENEVER THERE'S A DRIVEWAY ABUTTING THE FENCE, IT'S GOTTA BE 15 FEET OR MORE, UH, TO AVOID CLEAR VISION ISSUES.
SINCE THEY ABUT THAT FENCE, IT BECOMES A CLEAR VISION ISSUE FOR BOTH.
THAT'S WHAT I WANTED TO MAKE SURE.
THAT'S WHAT I THOUGHT, BUT I WANTED TO DOUBLE CHECK.
I JUST WANTED TO ADD THAT ON GOOGLE STREET VIEW, IT LOOKS LIKE THERE IS A EARTH AND DRIVEWAY.
THERE IS A CURB CUT TO WHERE THEY COULD BACK OUT ONTO NAER, UH, WHERE, WHERE THIS IS HAPPENING.
SO IT LOOKS LIKE THEY HAVE A DOUBLE POTENTIAL ENTRYWAY.
YEAH, IF YOU, IF YOU WOULD BRING UP GOOGLE EARTH STAFF, EVEN IF YOU COULD BRING UP GOOGLE EARTH, THERE'S A GREAT PICTURE WHERE YOU CAN SEE THE CURB CUT AND THEN A GRASS DRIVEWAY THAT GOES UNDERNEATH THAT, UH, CARPORT.
SO YEAH, YOU CAN SEE IT THERE.
COMMISSIONER MANNA, UH, THIS QUESTION'S FOR THE APPLICANT.
SO, SO WE ARE TALKING ABOUT THREE, UM, QUESTIONS HERE.
AND, UM, A LOT OF YOUR DIALOGUE WAS, UH, WAS IN SUPPORT OF, UM, OUR FIRST CONVERSATION WITH REGARDS TO THE SHED.
UM, SO WE HAVE TWO CONVERSATIONS THAT, THAT I DON'T KNOW THAT YOU, UH, TALKED ABOUT.
AND SO ONE IS THE REQUIREMENT.
SO RIGHT NOW THERE'S THE METAL CORRUGATED FENCE THAT GOES ALL THE WAY TO THE STREET.
IS THERE A HARDSHIP OR REASON WHY IT IS THAT, THAT CORRUGATED METAL GOES, UH, AS FAR FORWARD, UM, UM, TOWARDS BAYLOR THAT IT DOES, UM, IS ONE QUESTION.
THE SECOND IS, UH, UM, YOU KNOW, THE DIALOGUE WITH REGARDS TO, UM, HAVING A SIGNIFICANT PORTION OF YOUR FRONT YARD, UH, COVERED IN CONCRETE.
AND SO ARE THERE OR COVERED AS A DRIVEWAY.
AND SO ARE THERE HARDSHIPS, UH, THAT YOU HAVE FOR EITHER OF THOSE TWO CASES? UM, THE THING THAT, THE CLEAR VISION, I KNOW WHEN YOU'RE TALKING ABOUT THE FENCE, IT'S JUST LIKE IT WAS ALREADY DONE IN, UM, THAT ONE WAS ALREADY APPROVED TO THAT NAME.
I DIDN'T MOVE IT BACK, I DIDN'T MOVE IT FORWARD.
IT STAYED THE SAME SINCE THOUSAND 18.
AND THEN THE CEMENT IN THE FRONT, LIKE YOU MENTIONED, IT, IT LIKE, YOU CAN COME AND LOOK AT IT.
IT'S NOT, UM, FRESHLY POURED OR ANYTHING LIKE THAT.
IT JUST, IT, IT'S BEEN, IT'S BEEN COING EVER SINCE I LIVED HERE.
IT'S BREAKING APART, BUT THE CUR VISION.
AND THEN I KNOW YOU CAN SEE LIKE THE NEIGHBOR TO MY SIDE, THERE'S, THERE'S A PROBLEM WITH HER HOUSE.
THERE'S TREES IN FRONT OF HER HOUSE AND IT'S A, LIKE, CLEAR AS WELL.
SO I DON'T SEE MY FRIENDS AS A PROM.
'CAUSE IT'S LIKE BLOCKING THE VIEW OF WHO'S COMING IN OR OUT OF THE STREET.
LIKE THE ONE TO MY LEFT, THERE'S A BUNCH OF TREES IN FRONT OF HER HOUSE, AND THAT'S ORIG.
AND YOU CAN SEE RIGHT THERE, THERE'S SOME MAN ALREADY POURED.
SO, UM, SO I WILL STATE THAT GOING ON GOOGLE VIEW.
UM, AND LOOKING, UH, AT A BACKDATED MAP OF NOVEMBER, 2017, IT DOES SHOW, UM, A METAL FENCE THERE, UM, GOING UP TO, UM, THE CURRENT FENCE.
UH, SO, SO IT DOES, UH, SUPPORT, UH, WHAT IS THAT THE APPLICANT STATED HERE? SO IT DOES APPEAR THAT THE FENCE WAS THAT LENGTH, UM, AND WOULD'VE BEEN THAT LENGTH FOR THE PRIOR, UM, IF I DID, IF I DID IT CORRECTLY, YES.
SO, SO IT WOULD'VE BEEN PRESENT AT THE PREVIOUS REVIEW.
SO, UM, SO, UH, AND, AND SO WAS THE DRIVEWAY.
SO I GUESS I'M QUESTIONING THE, THE, THE CONVERSATION WE'RE HAVING HERE WITH REGARDS TO COVERED OR NOT COVERED IN THE PREVIOUS CASE.
THAT ONE, THE, IT'S ALREADY BROKEN UP AND I DON'T KNOW IF YOU CAN REALLY TELL IN AN OLD PICTURE, LIKE THE, IN 2017 IT'S THERE AND THE CEMENTS THERE.
IT'S JUST LIKE REALLY WHITE AND LIKE GRAYISH, LIKE DIRTY, LIKE IT'S REALLY OLD.
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METAL SHED CONSTRUCTED? WHY? UH, LIKE THEY SAID, LIKE I MENTIONED BEFORE, MY BROTHER, IT'S RAINING DOWN ON THE DIALYSIS.HE CAN'T BE REALLY IN THE SUN, RED SUN.
AND HE LIKES TO BE OUTDOORS IN THE BACKYARD.
HE LIKES TO BE IN THE FRESH AIR.
HE ONLY SEES A LITTLE BIT OF HIS EYE AND HITS HIM.
MS. RE, WHEN WAS IT? THE QUESTION WAS, WHEN WAS IT CONSTRUCTED? UM, IN APRIL, MARCH.
UM, IT LOOKS LIKE YOU'RE THE, THE, UH, CORRUGATED METAL THAT'S SPRAYING THE TWO NEIGHBORS.
UM, I, I, I WANNA SAY I RE RECALL THIS CASE FROM, FROM 2018.
AND, UM, I GUESS I DON'T RECALL THE, THE ISSUE OF, OF THE CORRUGATED METAL STICKING OUT THAT FAR, BUT I COULD BE MISTAKEN.
BUT IS THERE A, WITH A TALL, WITH A TALL WROUGHT IRON FENCE, UH, IS IT, IF, IF THE CORRUGATED METAL WERE TO BE MOVED BACK A LITTLE BIT, IS THERE A, IS THERE A REASON OTHER THAN THAT IT HAS ALWAYS BEEN THERE FOR MANY YEARS? THAT, THAT WOULD, THAT YOU WOULD TAKE ISSUE WITH THAT? MS. REYES? I DON'T SEE AN ISSUE WITH THE METAL BEING THERE.
IT'S JUST LIKE MY NEIGHBORS, LIKE, UM, THEY'RE NOT REALLY NEIGHBORS.
THEY'RE JUST MOVE IN, MOVE OUT.
AND SOMETIMES THE NEIGHBORS THAT MOVE IN, THEY DO DRUGS, ACTIVITIES.
UM, I, I DON'T KNOW IF YOU CAN CHECK THAT.
IN 2015, 2017, I HAD A GRAPEFRUIT TRAIN.
'CAUSE THE NEIGHBOR THAT USED TO LIVE THERE, SHE WOULD GRAB THE GRAPEFRUITS AND SHE WOULD DRAW 'EM TO MY HOUSE.
THAT'S ONE OF, REMEMBER THE REASONS WHY I, I ACTUALLY REMEMBER THIS.
NOW, I, I, I REMEMBER SOME OF THIS CONVERSATION, UH, SPECIFICALLY THE GRAPEFRUIT.
I'M STARTING TO, STARTING TO COME BACK TO ME.
I THINK I RECALL WHAT WAS HAPPENING.
I, I HAVE NO FURTHER QUESTIONS.
ANYONE ELSE BEFORE WE, UH, GIVE THE APPLICANT AN OPPORTUNITY TO PROVIDE ANY SORT OF REBUTTAL? OKAY.
SO, WITH REGARD IN THIS QUESTIONS FOR THE APPLICANT, AND, AND I'M, I KNOW THE QUESTION WAS ASKED, BUT I MAY HAVE MISUNDERSTOOD THE ANSWER OR THE REPLY, UH, SPECIFICALLY TO THE, THE, UM, THE SHED IN THE BACK, UM, THERE IS A ROOF ON IT.
AND WHEN RAIN HITS THAT ROOF, DOES IT DRAIN INTO THE, UH, THE NEIGHBORING YARD OR DOES IT DRAIN TO THE ALLEYWAY, OR DOES IT DRAIN BACK INTO YOUR YARD? WHICH WAY DOES THE WATER RUN OFF, OFF OF THAT SHED? IT, IT DRAINS BACK INTO MY YARD.
ANY OTHER QUESTIONS? OKAY, COMM, UH, MS. REYES, YOU, YOU HAVE, UH, UP TO THREE MINUTES THAT YOU'VE HEARD OUR QUESTIONS, YOU'VE HEARD, HEARD OUR COMMENTARY, AND, UH, YOU HAVE UP TO THREE MINUTES TO PROVIDE ANY CLOSING REMARKS, UH, OR REBUTTALS, ANYTHING YOU'VE HEARD BEFORE WE DELIBERATE YOUR CASE.
SO DO I JUST SAY ANYTHING THAT, UM, WHY I NEED UNDERSTOOD, OR, WELL, YOU'VE, YOU'VE, YOU'VE, YOU HAVE EXPRESSED THAT, BUT, BUT THE, THE PURPOSE OF THIS IS YOU'VE HEARD OUR LINE OF QUESTIONING.
YOU'VE HEARD WHAT ISSUES THAT WE MAY OR MAY NOT HAVE.
UH, AND SO IF THIS IS AN OPPORTUNITY FOR YOU TO, UH, PROVIDE ADDITIONAL COMMENTARY OR, OR, OR JUST, UH, REACT TO WHAT YOU'VE HEARD SO THAT WE CAN DELIBERATE WITH, UH, WITH EVERYTHING THAT'S ON YOUR MIND REGARDING THIS CASE.
I CAN, IF YOU NEED ME TO, I CAN PUT DEBTORS SO THE RING DOESN'T FALL INTO MY YARD.
I CAN HAVE GUTS INSTALLED, UM, FOR THE RAIN TO GO TO THE ALLEY.
I CAN CLEAN UP WHATEVER MESS AND MEAT AS WELL.
UM, ALSO, UH, THE SHED, UM, LIKE I MENTIONED BEFORE, THE SHED IS MAIN FOR MY BROTHER ALSO FOR THE RAIN.
THE HEALTH, THE BAD WEATHER THAT WE HAVE, IT'S FROM THE BAD ACTIVITY THAT HAPPENS IN THE ALLEY.
IT'S JUST LIKE THE DRESS IS REALLY TALL.
UM, SOMETIMES WE HAVE RATS, WE HAVE ROACHES, WE HAVE SWIRLS.
WE HAVE LIKE, SOMETIMES RABBITS AND SOMETIMES WE HAVE THOSE DOGS IN THE ALLEY THAT SOMETIMES WE CAN LEAVE MY YARD BECAUSE THEY COME BARKING UP TO ME.
AND I'M NOT, I'M AFRAID OF THE DOGS
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OF AND ATTACKING ME OR SOMEHOW, UM, BITING MEANS AND HAVING RABIES.UH, I ALSO HAD SOMEONE CHASE ME DOWN THE ALLEY ONE TIME.
'CAUSE I WAS CLEANING MY YARD AND SOMEONE CHASED ME DOWN.
I DIDN'T KNOW WHO THE PERSON WAS, SO I JUST LOCK IN MYSELF INSIDE.
AND I HAD SOMEONE JUMP MY FENCE AS WELL, AND THEY PULLED ONTO MY DOOR TRYING TO COME IN.
IT HAS HAPPENED SEVERAL TIMES AT NIGHT WHERE THEY TRY TO COME INTO THE HOUSE.
SO I'M JUST THERE FOR MY SI MYSELF AND MY FAMILY'S SAFETY.
MY, WHICH IS LIKE REALLY, REALLY BAD NEIGHBORHOOD.
AND LIKE I MENTIONED, OH, I ALSO MENTIONED LIKE THE, THERE'S SO MANY PEOPLE WALKING IN THE ALLEY AND SHE'S LIKE, THEY DO THROW WITH A DRESS RING SO TALL.
I THOUGHT THEY WOULD STAY AWAY FROM THE ALLEY, BUT NO, THEY LIKE TEND TO HIDE IN THE ALLEY.
THEY HIDE LIKE, UM, BLANKETS TO SLEEP IN THE ALLEY AS WELL.
AND THEY USE US LIKE TO HAVE RELATIONS IN THE ALLEY AS WELL, LIKE SEXUAL RELATIONS.
AND THERE'S SO MANY KIDS AROUND THE ALLEY SOMETIMES THAT WANT, WANT THE AREA AS WELL.
SO WE DON'T WANT THEM SEEING THAT.
UM, AND THAT SHOULD BE IT FOR TODAY.
UM, AND, AND JUST NOTICE SOMETHING BEFORE I CLOSE THE HEARING.
IN THE BACK OF THE PROPERTY STAFF, IS THERE A LITTLE SLIVER, SLIVER OF LAND THAT BELONGS TO 1 29 CALDWELL? STANDBY BEHIND THE STRUCTURE, UH, BEHIND, BEHIND WHERE THE SHED IS.
I'M LOOKING AT YOUR AERIAL MAP THAT HAS THE ZONING ON IT.
YOU HAVE RED LINE, UH, THE RED BOX.
IT, IT DOESN'T GO ALL THE WAY BACK TO THE YELLOW PROPERTY LINE.
I DIDN'T KNOW IF THE OH, THE AERIAL DOESN'T SHOW THE, THE, THE NEW STRUCTURE, SIR.
SO THAT LITTLE AREA WHERE THERE'S A VEHICLE BACK THERE, THAT'S ACTUALLY WHERE THE GARAGE IS NOW.
CALDWELL DOES NOT HAVE A VERY THIN SLIVER OF LAND THAT GOES OUT TO THE ALLEY.
SO THE, THE GARAGE IF SHE FITS ALL THE WAY TO THE CORNER.
SO, UH, WITH THAT, UH, THE COMMISSIONER, I'D LIKE TO MAKE A MOTION.
SO REGARDING CASE NUMBER BO A 2 1 1 0 3 0 0 0 6 6, I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE, A 19 FOOT 11 INCH VARIANCE FOR THE 20 FOOT REAR SETBACK AS DESCRIBED IN TABLES 3 1 0 DASH ONE TO ALLOW A ONE INCH REAR SETBACK.
AND THEN, UM, A UM, NINTH IS A, A NINE FOOT VARIANCE OR THE 15 FOOT CLEAR VISION AREA AS DESCRIBED IN SECTION 35 DASH FIVE 14 A TO BE TO ALLOW A DRIVEWAY WITH A SIX FOOT CLEAR VISION AREA.
UM, AND, UH, THREE, A VARIANCE FOR THE 50% LIMIT FRONT YARD IMPERVIOUS COVER AS DESCRIBED IN TABLE 15 DASH ONE TO ALLOW FRONT YARD, UH, UM, IMPERVIOUS COVER OF OVER 50%, UH, SITUATED AT SEVEN 16 NAER, APPLICANT BEING, UH, LUIS REYES BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SETS THAT A LIBERAL ENFORCEMENT OF THE PROVISIONS OF UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
ONE, UH, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THERE IS ROOM FOR MAINTENANCE, UH, OF THE REAR STRUCTURE.
THE DRIVEWAY COULD BE ON THE ALLEY, WHICH WOULD NOT REQUIRE THE CLEAR VISION VARIANCE AND PERVIOUS COVER IS UNDER CARPORT, WHICH, UH, WAS ALREADY APPROVED ON A SEPARATE VARIANT.
UM, TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
STAFF FINDS THAT ANY STAFF FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED WOULD RESULT IN UNNECESSARY HARDSHIP.
THE PROPERTY OWNER WOULD NEVER, WOULD NOT HAVE A FRONT DRIVEWAY.
IF CLEAR VISION AND PREVIOUS COVER STANDARDS WERE FOLLOWED, THE SMALL LOT DOES NOT PROVIDE ROOM FOR A FIVE FOOT REAR SETBACK.
THREE, BY GRANTING THE VARIANCE OF SPARE, THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPHERE OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THIS SPECIFIC LOT IS SMALLER THAN USUAL LOT, WHICH DOES NOT GIVE THEM OPTION FOR REAR SETBACKS AND PREVIOUS COVER.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN
[01:00:01]
WHICH THE VARIANCE IS LOCATED.NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
THE REQUEST TO REDUCE THE REAR SETBACK, UH, WILL NOT IMPACT ADJACENT PERFORMING PROPERTY.
ALL THE VARIANCE OF THOUGHT ARE WITHIN THE SUBJECT PROPERTY.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF THOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
WERE NOT CREATED BY THE OWNER, UM, OF THE PROPERTY, NOR ARE THEY MERELY FINANCIAL.
THE PROPERTY IS LOCATED ON A SUBSTANTIALLY SMALL LOT END OF MOTION.
RIGHT? IS THERE A SECOND? SECOND, UH, SECOND BY COMMISSIONER.
LOVE, COMMISSIONER MANNA, PLEASE LEAD THE DISCUSSION.
SO, UM, SO ONE POINT IS THAT I AM OPEN TO, UH, FRIENDLY AMENDMENTS HERE.
UM, IF, IF ANYBODY WANTS TO KIND OF WALK THROUGH, UH, ONE OR TWO OF THE ITEMS ACTUALLY.
BUT, UM, YEAH, I, I GUESS I, I AM A LITTLE TROUBLED HERE JUST KIND OF TRYING TO UNDERSTAND WHAT HAPPENED PRIOR AND, AND WHAT WE'RE KIND OF VOTING ON.
AND SO, UM, YOU KNOW, LOOKING AT THE PHOTOGRAPH, DOES WOULD APPEAR THAT THIS, THIS WAS ALL PREVIOUSLY KNOWN WITH REGARDS TO NUMBER, UM, THE FENCE AND THE CLEAR VISION, UM, AND THE IMPERVIOUS COVER.
SO FOR THOSE TWO, YOU KNOW, UM, YOU KNOW, UNLESS THERE'S A FRIENDLY AMENDMENT YEAH, I'M, I'M FINE WITH THAT.
UM, AS, AS IS SIMPLY BECAUSE I THINK, YOU KNOW, IT'S BEEN REVIEWED IN THE PAST, UM, WITH REGARDS TO THE, THE SHED, UM, YOU KNOW, I, I RECOGNIZE THAT IT IS CLOSE TO THE BACK, BUT YOU KNOW, IT IS, UH, A BUDDING AN ALLEY.
SO, UM, YOU KNOW, I, I DIDN'T SEE A PROBLEM WITH THAT AS LONG AS THE WATER IS DRAINING INTO THE, THE, UH, UM, THE, THE, UH, LANDOWNER'S PROPERTY.
SO, SO BECAUSE OF THAT, I ACTUALLY WILL BE SUPPORTING THE MOTION THAT'S READ.
I HAVE, YOU KNOW, REALLY NOT MUCH TO SAY.
UH, IS THERE, UH, ANY OTHER COMMISSIONERS WHO WOULD LIKE TO WEIGH IN MINKA, COMMISSIONER MINKA, UH, IN TERMS OF THE FRIENDLY AMENDMENT AND HAVING A DISCUSSION BEFORE ON THE CORRUGATED FENCE ALL THE WAY UP TO, FOR THE CLEAR VISION, THAT'S THE ONLY ONE THAT, UH, SORT OF GOES, UH, AGAINST THE CLEAR VISION.
AND CAN THAT BE AMENDED SO THEY CAN PULL THE FENCE BACK SIX FEET? I WOULD BE OKAY WITH THAT.
SO, UH, LET, LET, THE, THE MOTION IS, IS, UH, HAS A FRIENDLY AMENDMENT TO CHANGE, UH, THE, UH, SECOND, UH, REQUEST.
UH, IT'S BASICALLY JUST RE UH, RE ADDING SIX MORE FEET.
SO IT WOULD BE A THREE FOOT VARIANCE, UH, TO THE 15 FOOT CLEAR VISION AREA.
SO, UH, ANY OTHER, UH, QUESTIONS? OKAY, I'M GONNA, I'LL GO AHEAD AND CHIME IN.
I, I RECALL THIS CASE FROM 2018, AND I RECALL THAT THERE WERE SOME ISSUES WITH, UH, CRIME IN THE AREA AND, AND SOME NEIGHBORS.
AND, UH, YOU KNOW, THE, THIS, THIS HOMEOWNER IS JUST TRYING TO FEEL SECURE IN THEIR PROPERTY.
AND THAT'S WHY A LOT OF THE, I RECALL, THAT'S WHY I, UH, RECALL A LOT OF THESE BEING APPROVED.
UM, YOU KNOW, BACK THEN I THINK PART OF THE DISCUSSION HAD TO DO WITH, UH, MAKING SURE THERE WASN'T ANY FIRE HAZARDS.
AND, UH, YOU KNOW, THEY WEREN'T SO ENCAPSULATED, UH, BY FENCING THAT, THAT IF THERE WERE AN EMERGENCY, THEY COULD, THEY COULD GET OUT.
UH, SO, BUT THAT'S, THAT'S, THAT WAS WHERE THAT DISCUSSION WENT, UH, BACK THEN.
BUT AS FAR AS WHAT'S BEFORE US TODAY, I, I'M, UM, I, I TAKE NO ISSUE WITH THIS.
UH, AND I'M GLAD THAT THE CLEAR VISION IS GONNA, HAS BEEN CHANGED A LITTLE BIT TO, UH, PROVIDE A LITTLE MORE ROOM.
SO, IS THERE ANY OTHER COMMENTARY BEFORE WE MOVE FORWARD TO A VOTE? UH, FISHER COMMISSIONER FISHER, I, I UNDERSTAND THE, UM, DI ESSENTIALLY THE DYNAMICS OF THIS PROPERTY IN THAT THE, THE FRONT AREA IS CONCRETE.
[01:05:01]
LONG TIME.I DO HAVE ISSUE WITH THE HOMEOWNER NOT PULLING A PERMIT FOR THE, UH, SHED THIS YEAR.
HAVING ALL GONE THROUGH ALL THIS, THESE ISSUES BEFORE.
UM, AND, AND JUST AS A COMMENTARY, UM, I BELIEVE IT'S KIND OF, IT'S A KIND OF A TAKE NOTICE THAT BE PRUDENT TO GO AHEAD AND PULL ANY MORE, UH, PERMITS IF THEY DO ANY MORE CONSTRUCTION.
SO IF THERE'S NO OTHERS, UH, STAFF, PLEASE TAKE A ROLL CALL, VOTE.
UH, AND, AND THIS IS ON, UH, AS READ EXCEPT FOR THE SECOND ITEM, WHICH HAS BEEN A, AN AMENDMENT TO A, UH, TO A THREE FOOT VARIANCE FROM THE 15 FOOT CLEAR VISION.
I CONCUR WITH THE FINDINGS OF FACT.
AS AMENDED AND CHAIR ORIAN, I ALSO CONCUR WITH THE FINDINGS OF FACT WITH A MOTION AS AMENDED.
UH, MOTION PASSES UNANIMOUSLY.
UH, UH, MS. MS. REYES, PLEASE GET WITH STAFFED SO THEY CAN EXPLAIN, UH, WHAT THE AMENDMENT TO THE MOTION, UH, MEANS TO YOU.
[4. 21-4760 Consideration and approval of June 21, 2021 Board of Adjustment meeting minutes.]
ITEM IS THE CON CONSIDERATION.IS THERE, IS THERE ANY OTHER, UH, LAST MINUTE, UH, CHANGE REQUESTS STAFF NEEDS TO BE AWARE OF? NOPE.
UH, I'M LOOKING FOR A MOTION FOR APPROVAL.
AND, UH, QUESTION THOUGH, I THOUGHT IT WAS, UH, UH, THE MINUTES HAVE BEEN UPDATED BECAUSE, UH, MONICA DID SAY, DID SEND OUT A, AN UPDATED VERSION.
SO IF THAT'S THE CASE, THEN YES.
I, I MOVE THAT WE APPROVE THE AMENDED, UH, MINUTES.
I ABSTAIN BECAUSE I WASN'T THERE.
I APPROVE AND SHARE, ORIENT, UH, I ALSO APPROVE, UH, PASSES 10 TO ZERO WITH AN AB ABST.
SO, ALL RIGHT, SO THAT TAKES US TO THE NEXT
[Director's report - Upcoming work sessions]
ITEM.DIRECTOR'S REPORT, UPCOMING WORK SESSIONS, AND POTENTIALLY AN EXTRA MEETING FROM WHAT I UNDERSTAND.
ALRIGHT, SO, UM, FIRST LET'S START WITH THE WORK SESSION.
SO WE'RE GONNA HAVE A WORK SESSION THAT WILL COVER, UM, A STATE LAW THAT WILL GO INTO EFFECT IN SEPTEMBER.
IT IS RELATED TO ADDITIONAL CRITERIA FOR REVIEW RELATED TO VARIANCES.
UM, SO ON AUGUST 16TH, WE WILL HAVE AN IN-PERSON WORK SESSION BECAUSE AS YOU KNOW, WE ARE MOVING BACK TO IN-PERSON MEETINGS, STARTING WITH THE NEXT MEETING FOR AUGUST 2ND.
UM, AND SO, SO WE NEED TO MAKE SURE THAT WE HAVE A QUORUM HERE.
SO THAT IS NINE MEMBERS NEED TO BE PRESENT HERE.
AND THEN THE OTHER THERE, IF THERE'S TWO OTHERS THAT, UM, NEED OR, AND ACTUALLY THE 12 PERSON, WE CAN HAVE THEM WEBEX IN, UM, AS LONG AS WE HAVE THE NINE IN PERSON.
BUT IF ALL OF YOU WANNA BE HERE, WE ARE MORE THAN HAPPY TO HAVE YOU ALL HERE AND WE'LL BE READY TO GO TO SEE EVERYBODY IN PERSON.
SO, AGAIN, ON AUGUST 16TH WILL BE THE WORK SESSION TO COVER THESE NEW STATE LAW, UM, CRITERIA FOR REVIEW.
AND WHAT WE'LL DO IS WE'LL GO THROUGH EACH OF THOSE CRITERIA AS WELL AS, UM, THE MEETING FORMAT CHANGES BECAUSE OF THE ADDITIONAL CRITERIA, UH, BECAUSE IT'S GOING FROM, UH, I THINK IT'S
[01:10:01]
SIX CRITERIA FOR REVIEW TO 11 CRITERIA FOR REVIEW.UH, CATHERINE, CAN YOU PLEASE EMAIL SOME LITERATURE TO US BEFORE SO WE CAN YES.
UH, 'CAUSE WE'RE STILL DISCUSSING IT AS TO, UM, HOW THEY ARE INCORPORATED INTO YOUR, UH, FINDINGS OF FACTS.
UH, BUT WE'LL BE READY TO GO AND WALK YOU THROUGH THAT BY AUGUST 16TH.
AND SOME OF THE FORMAT CHANGES, I THINK YOU'RE GOING TO LIKE, BECAUSE THERE'LL BE A LOT LESS READING FOR YOU GUYS WHEN IT COMES TO READING THE FINDINGS OF FACTS.
SO, UM, AND OF COURSE, BECAUSE WE HAVE, UH, A BACKLOG OF CASES AS A RESULT OF SOME, UH, SOME ISSUES THAT WE ONLY HAD TO DO THREE CASES TODAY, WE WILL HAVE A FULL BOATLOAD OF CASES FOR AUGUST 16TH.
SO IT'LL BE A LUNCH AGAIN, WE'LL FEED YOU.
AND THEN A FULL GA OF CASES, ABOUT EIGHT TO NINE CASES, UM, THAT, UH, WE HAVE, UH, THE CAPACITY TO, TO HANDLE, WHICH MEANS THAT WE HAVE QUITE A FEW CASES ALL THE WAY UNTIL OCTOBER.
UM, AND SO WE, WHAT WE'D LIKE TO DO, BECAUSE WE ONLY HAD ONE MEETING IN JULY 'CAUSE OF THE HOLIDAY, AND WE ONLY HAVE ONE MEETING IN SEPTEMBER BECAUSE OF THE HOLIDAY, THAT'S CREATING THIS QUEUE OF CASES THAT'S STRETCHING ALL THE WAY INTO OCTOBER.
UH, WE HAVE THE CAPACITY TO HAVE A SPECIAL MEETING ON SEPTEMBER 13TH, UH, WHICH WILL BE, UH, I THINK IT'S THE MONDAY AFTER, UH, THE LABOR DAY WEEK IN WHICH WE WOULD NORMALLY HAVE HAD THE MEETING, BUT WE CAN'T BECAUSE OF THE LABOR DAY HOLIDAY.
UM, BUT WE CAN HAVE IT HERE IN PERSON AND THAT WAY WE CAN TRY TO GET THROUGH THESE CASES IN A TIMELY MANNER.
SO I WANTED TO THROW THAT OUT TO YOU GUYS AND SEE IF WE CAN WORK WITH YOUR SCHEDULES.
IF YOU CAN LET ME KNOW WITHIN THIS NEXT WEEK, UM, IF SEPTEMBER 13TH, ONE O'CLOCK WORKS FOR YOU GUYS.
SO THAT WAY WE CAN HOPEFULLY HAVE, UM, A MEETING WITH THE QUORUM PRESENT.
KATT, THE ONLY THING SINCE WE'RE GONNA BE, UH, GOING IN IN PERSON STARTING AUGUST 2ND, SECOND, ARE WE GONNA BE, IS IT STILL GONNA BE MANDATORY TO WEAR MASKS OR IT'S GONNA BE OPTIONAL? SO, UM, WHAT I TURN THAT OFF, THOSE ARE VACCINATED ARE NOT REQUIRED TO WEAR MASKS.
WE DO ENCOURAGE THOSE NOT VACCINATED TO WEAR MASKS.
AND THAT'S HOW IT IS RIGHT NOW FOR ALL THE MEMBERS OF THE PUBLIC THAT COME INTO OUR BUILDING.
UM, SO THERE IS NO ENFORCEMENT OF THAT.
UH, BUT AGAIN, YOU KNOW, FOR YOUR SAFETY, IF YOU'RE NOT VACCINATED, WE DO ENCOURAGE YOU TO WEAR MASKS AND ALL OF THE SIGNS ARE POSTED THAT WAY.
SO IT'LL BE JUST LIKE, UM, BEFORE YOU'LL HAVE TO COME INTO THE FRONT OF THE BUILDING, YOU'LL GO INTO THAT SECURITY CHECKPOINT AND THEN YOU'LL COME TO THE BOARD MEETING.
UM, AND THEN WE'LL, WE'LL GET YOU READY.
SO, UM, SO YEAH, THAT'S OUR, UH, THAT'S OUR POLICY RIGHT NOW.
KAT, DID YOU SAY WHAT TIME THE SPECIAL, THE SESSION IS ON THE 16TH OF AUGUST.
I WOULD LIKE FOR IT TO START AT 11 O'CLOCK.
THAT WAY WE HAVE THE FULL AT LEAST TWO HOURS, UH, TO GET THROUGH THE PRESENTATION, EAT LUNCH, AND TAKE A SMALL BREAK BEFORE WE RECONVENE BACK FOR THE ONE O'CLOCK REGULAR MEETING.
UH, ANY OTHER QUESTIONS RELATED TO THE MEETINGS? BECAUSE I DO HAVE ONE MORE.
SO WE NEED NINE IN PERSON, UH, THAT'S CORRECT.
UH, AND THEN WHEN WE HAVE UP TO TWO THAT MAY BE VIRTUAL, PERHAPS, UH, AND I HOPE EVERYBODY DOES GO IN PERSON, BUT IF WE HAVE TWO THAT ARE VIRTUAL, HOW DOES THAT AFFECT THE, THE RECORDING AND PRESENTATION OF QUESTIONS? IS THERE GONNA BE ANY, UH, FORMAT CHANGES THAT WE SHOULD BE AWARE OF? ARE YOU GONNA HAVE THEM ON THE BIG SCREEN OR THAT YES.
THAT'S WHY WE'RE OUTFITTING THE ROOM TO, UH, ALLOW FOR THIS.
SO ALL OF OUR VIDEO AND AUDIO, UH, WILL HAVE BEEN TESTED, REHEARSED, AND UH, AND, AND READY TO GO FOR THAT MEETING IF WE DO HAVE ANY MEMBERS THAT WANT TO WEBEX IN.
UM, BUT AGAIN, YOU'RE AREN'T REQUIRED TO IF ALL 11, UH, MEMBERS OR WANNA COME IN PERSON.
WE WOULD, WE'D LOVE TO SEE YOU GUYS.
LASTLY, LASTLY, UM, A BIT OF GOOD NEWS AND SOME SAD NEWS.
ONE OF OUR MEMBERS IS, UH, ACTUALLY LEAVING US FOR A PROMOTIONAL OPPORTUNITY WITH ANOTHER DEPARTMENT.
[01:15:01]
AN OPPORTUNITY CAME UP, MA'AM, I HAD TO TAKE IT.YEAH, THIS IS HIS LAST MEETING.
HE'S ALREADY TRANSITIONING OUT.
I'VE GOT, YOU KNOW, MY STAFF HERE TRYING TO FILL HIS SHOES IN THE MEANTIME, BUT YES, HE IS, THIS IS HIS LAST MEETING, BUT I'LL TELL HIM TO COME BY AUGUST 2ND SO HE CAN ACTUALLY SAY HI TO Y'ALL.
THAT WOULD BE, WHERE'S HE GOING? SO, SO HAS SOMEBODY BEEN APPOINTED IN HIS PLACE ALREADY, KENT? NOT YET.
BUT WE DO HAVE THE POSITION POSTED AND, UH, HOPEFULLY WE'LL GET SOME GOOD APPLICANTS SO WE CAN FILL HIS BIG SHOES.
WE REALLY HAVE ENJOYED HAVING YOU.
I HAD THE QUESTION, WHERE WAS I GOING? I'M ACTUALLY GOING TO THE PLANNING DEPARTMENT.
UH, WHEN IS THE, UH, UH, VARIOUS, UH, ALTERNATE SLOTS, UH, TARGETED FOR A COUNCIL MEETING? GOOD QUESTION.
SO ACTUALLY WE ARE TRYING TO GET THE GOVERNANCE COMMITTEE TO, OR A SUBCOMMITTEE OF THEM, TO, TO REVIEW THE APPLICATIONS THAT HAVE COME IN, UM, IN, IN THE AUGUST FOR THEIR AUGUST MEETINGS.
SO THEY COUNCIL STARTS BACK UP IN AUGUST WITH ALL OF THEIR, UH, COMMITTEE MEETINGS AND COUNCIL MEETINGS.
SO, UH, WE'RE WORKING CLOSELY WITH THE CITY CLERK'S OFFICE AND THE CITY ATTORNEY'S OFFICE TO VET ALL THOSE APPLICATIONS THAT HAVE COME THROUGH.
UM, ALSO FORWARDING, UM, SOME OF THOSE THAT ARE, HAVE APPLIED THAT ARE IN DISTRICT ONE AND DISTRICT TWO MEMBERS, SO THAT WAY THE COUNCIL OFFICES HAVE THOSE TO REVIEW IN ORDER TO FILL THOSE VACANT SPOTS.
UM, AND SO THE GOAL AGAIN IS TO GET A GOVERNANCE IN, IN AUGUST, AND HOPEFULLY WE CAN GET TO CITY COUNCIL BY EARLY SEPTEMBER FOR THOSE ALTERNATE APPOINTMENTS.
AND DO YOU THINK THAT IF, UH, WHEN, WHEN DOES GOVERNANCE MEET IN AUGUST? YOU KNOW THE DATE? UM, THEY, I, OH GOSH, I DON'T KNOW.
IT, IT USED TO BE THE THIRD WEDNESDAY OF THE MONTH, BUT IT, IT MIGHT HAVE MOVED.
AND, BUT YEAH, IT'S GONNA BE SOMETIME IN AUGUST.
SEE, WHAT I'M WONDERING IS, IS THAT IF THERE'S A, IF THERE'S SOMEBODY THAT, THAT HAS, THAT GOVERNANCE IS RECOMMENDING AN AND ORIC, UH, ONE OF THE VACANCIES WITH THE DIFFERENT DISTRICTS, UH, IF, IF THE, IF THEY'VE ALREADY SUBMITTED A MEMO IN, SHOULD WE INVITE THEM TO THE 16TH WORK SESSION? UM, WE'LL HAVE TO WORK WITH THEM ON THAT TIMEFRAME.
UM, IF, IF IT'S TWO, IF THE AUGUST 16TH MEETING IS TOO SOON TO EVEN, UH, CONSIDER THAT, UH, WE'LL JUST HAVE ANOTHER TRAINING FOR THOSE NEWBIES.
'CAUSE WE'RE GONNA NEED TO HAVE AN ORIENTATION FOR THEM ANYWAY.
AND, UH, THAT WE INCLUDE ALL OF YOU AS WELL.
SO, UH, WE'LL, DON'T WORRY, WE'LL MAKE SURE THAT THOSE, THE, THE NEW APPOINTMENTS AS WELL AS YOU GUYS GET THAT ORIENTATION.
AND SO WE'RE GOING BACK TO BEING IN PERSON.
DOES THAT MEAN MR. BRIT WILL FINALLY DECIDE TO COME AND JOIN US AGAIN? I HOPE SO.
BE REACHING OUT TO HIM THIS MONTH JUST TO LET HIM KNOW, TO SEE, MAKE SURE THAT HE WANTS TO COME BACK.
HEY, KAT, UM, ARE YOU GONNA SEND US SOME NEW VEHICLE PLACARDS BY CHANCE? YES.
YEAH, I'M I'M SURE, I'M SURE IT'S EITHER, UH, TRASH OR, OR FULL OF DUST.
WE'LL GET YOU SOME NEW PLACARDS SO THAT WAY YOU HAVE THEM IN YOUR PARKING SPOT.
WELL, IF THERE'S NOTHING ELSE, I'M GONNA GO AHEAD AND ADJOURN THE MEETING.
AND SO I'VE GOT THE 3 0 2 OH BOY.