Aug 02, 2021 Board of Adjustment on 2021-08-02 1:00 PM

IS THERE ANYTHING ELSE YOU'D LIKE US TO, TO KNOW, UH, OR ANYTHING IN ADDITION THAT MAY BE, UH, WITHIN THE STAFF REPORT THAT YOU'D LIKE US TO BE AWARE OF? NO, THAT WAS, THAT WAS ABOUT COVERED.

UH, STAFF PLEASE PROCEED.

ALRIGHT, GOOD AFTERNOON.

THIS IS MICHAEL WITH DEVELOPMENT SERVICES.

THIS IS CASE ENDING IN 67 I ONE.

UH, IT'S LOCATED 3 27 80 STREET STATE COUNCIL DISTRICT THREE.

THE APPLICANT IS LOU MANOLA AND IS A REQUEST FOR ONE A THREE FOOT VARIANCE TO REQUIRE FIVE FOOT SETBACK TO ALLOW A REAR DETACH ACCESSORY STRUCTURE, A SIDE SETBACK OF TWO FOOT, INCLUDING A ONE INCH OVERHANG ON THE EASTERN SIDE AND A FOUR FOOT 11 INCH VARIANCE TO THE REQUIRED FIVE FOOT STEP BACK TO ALLOW A REAR POWER FOOT SIDE SETBACK VARIANCES AT THE REAR.

THIS IS THE SUBJECT PROPERTY FRONT.

THESE ARE THE ACCESSORY STRUCTURES IN THE REAR MEASUREMENT BETWEEN THE SIDE PROPERTY LINE AND THE ACCESSORY BUILDING.

THE ACCESSORY BUILDING OVERHANG, GENERALLY THE REAR YARD, THAT'S WHERE THE ADDITION WOULD TAKE PLACE TO THE REAR OF THAT ACCESSORY STRUCTURE.

AND THAT IS A, APPEARS TO BE A DISTANCE TO THE REAR PROPERTY LINE FROM THE ACCESSORY STRUCTURE AND IT IS AN ACCESSORY ALLEY.

UM, I BELIEVE THAT IS LOOKING EAST, UH, FROM THE SUBJECT PROPERTY, BUT THAT IS THE ALLEY, UH, THAT EXISTS, WHICH BETWEEN PROPERTIES IN THE REAR, UM, OF THE BLOCK SURROUNDING AREA, THE STAFFS APPROVAL IN D O A 21 DASH 1 0 3 6 7 BASED ON THE FOLLOWING FINES EFFECT PROPOSED CARPORT WOULD NOT BE OUT T TO NEIGHBORHOOD AND EXTENT LOCATION RELATIVE TO POPULAR LINES.

THE ADDITION MERELY CONTINUES THE SITE THAT BACK OF THE EXISTING ACCESSORY STRUCTURE WILL NOT ADD INCREASE IMPACTS TO NEIGHBORING PROPERTIES.

AGREED.

THE PROPOSED ADDITIONS WOULD NOT BE IN PROXIMITY TO NEIGHBORING STRUCTURES WHICH MITIGATE POTENTIAL.

[00:10:20]

UH, THE CARPET IS, I KNOW HANGS BY AT THE PROPERTY LINE, BUT MY NEIGHBORS THAT THESE.

OKAY, FINE.

UH, STAFFING, UH, I NOTICED THAT THERE WAS NO, UH, PUBLIC COMMENTARY SUBMITTED.

IS THERE, HAS THERE BEEN ANY SENSE, UM, THE DEADLINE WAS REACHED? NO, SIR.

SO WITH THAT, UH, WE'RE GONNA OPEN THIS UP TO COMMISSIONER QUESTIONS.

IS THERE A COMMISSIONER WHO WOULD LIKE TO ASK A QUESTION OF THIS? COMMISSIONER Z MR. MAG? DO UH, JUST ASK, DO YOU INTEND TO FULL PERMITS WHEN YOU PROGRESS WITH CONSTRUCTION OF THE PROJECT? I'M SORRY, EXCUSE ME.

PERMITS CONTROL THE BUILDING.

PERMIT THE CONTRACTOR? YES.

I, OKAY.

WHEN I DO GET THIS AND WHATNOT, Y'ALL HAVE PAY PERMITS AND Y'ALL CAN TAKE ALL THAT INCLUDING KIND WATERSHED WATER FLOWS OFF OF THE GARAGE, MAKE SURE THAT IT DOESN'T GO OFFS OFF THE NEIGHBOR'S YARD.

ANY OTHER COMMISSIONERS, COMMISSIONER THAT SAW ON THE SLIDE THAT YOU HAVE SOME FOOTINGS IN PLACE NEXT TO THE BASKETBALL COURT? ARE YOU PLANNING TO BUILD THERE? YES.

THAT'S WHERE THE EXTENSION WOULD GO TO.

THERE WAS A SHED, A LITTLE METAL SHED THAT THERE WAS ONCE THERE.

I KNOCKED IT DOWN IN PREPARATION OF THIS, HOPEFULLY GET THIS DONE, GET EVERYTH THAT SHED GETTING RID OF.

SO IT'S IN ADDITION TO THE ADDITION YOU HAVE RIGHT NOW? YES.

IT WOULD EXTEND BACK TO WHERE, RIGHT WHERE THAT BASKETBALL COURT IS NOT GONNA BE A LITTLE SO THOSE TWO, THE WILL COMMUNICATE OR CONNECT TO THIS ONE? YES, THEY'LL, YES.

VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH INCLUDE SEVERAL OLDER STRUCTURES WHICH ARE IN CLOSE PROXIMITY TO THE PROPERTY LINES.

ANYONE ELSE? OKAY, I HAVE A QUESTION.

UH, THIS IS FOR STAFF.

UH, DOES THEIR APPLICATION INCLUDES CIVIC DIMENSIONING SO THAT, UH, THE REQUEST BEFORE US IS, IS LIMITED TO THE, TO THE STRUCTURE INTENDED OR IS IT GONNA BE OPEN-ENDED FOR THE UH, ENTIRE SIDE PROPERTY LINES? THE SITE PLAN THAT'S DISPLAY ON YOUR SCREEN SHOWS WHAT, UM, THEY HAVE REQUESTED.

UH, SO IT'S GOING TO BE RELATED TO WHAT'S ON THE SITE PLAN.

ALRIGHT, THANK YOU IS IF THERE'S NO MORE QUESTIONS, I'LL OPEN THIS UP FOR A MOTION.

COMMISSIONER ZONA REGARDING CASE NUMBER BOA DASH 21 DASH 3 6 7.

I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT A REQUEST FOR ONE A THREE FOOT VARIANCE OF THE REQUIRED FIVE SIDE SETBACK TO ALLOW A REAR ATTACH ACCESSORY STRUCTURE SIDE SETBACK OF TWO FEET, INCLUDING A ONE TO OVERHANG ON THE EASTERN SIDE.

AND NUMBER TWO, A FOUR FOOT 11 VARIANCE TO THE REQUIRED FIVE FOOT SET SITE SET BACK TO ALLOW A REAR, SORRY TO ALLOW A REAR CARPORT SITE SET BACK OF ONE INCH IN THE WESTERN SIDE WITH A FOUR INCH OVERHANG SITUATED AT 3 2 7 A STREET.

APPLICANT BEING LUIS OLA BECAUSE THE TESTIMONY PRESENTED TO US IN THE FASTEST THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY 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 VARIANCE IS NOT CONTRACT WITH PUBLIC INTEREST.

THE PUBLIC INTERESTS UPON GENERAL HEALTH STATE CAN WELFARE.

THE PUBLIC PROPOSED ADDITIONS WOULD NOT BE OUTTA CHARACTER WITH THE NEIGHBORHOOD IN, IN EXTENT AND LOCATION.

RELATIVE PROPERTY LINES NUMBER TWO DUE TWO SPECIAL CONDITIONS.

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

LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT TO UNNECESSARY HARDSHIP OF PROPERTY IS SUCCESSFUL, THE REAR ALLEY WHILE THE ORIGINAL HOME SITUATED IN A WAY THAT OFFERS LESS ROOM FOR EXPANSION OF THE FRONT PROPERTY FREE.

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

THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENTION OF CODE RATHER THAN THE EXACT LETTER OF LAW.

THE STRUCTURE WILL REMAIN A SIGNIFICANT DISTANCE FROM ANY NEIGHBORING STRUCTURES.

FOUR.

THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT.

OF WHICH OF WHICH IS VARI IS LOCATED.

NO USE TO SETTLE THOSE PERMITTED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.

HIGHEST VARIANCE WILL NOT SUBSTANTIALLY INJU THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH PROPERTY IS LOCATED.

IF GRANTED THE

[00:15:01]

THE ALLOWANCE OR ADDITIONAL PROPERTY IN THE REAR OF THE PROPERTY WOULD REDUCE OUR STORE FROM THE PROPERTY REDUCING IMPACTS ON NEIGHBOR PROPERTIES.

SIXTH FLIGHT OF THE OWNER OF THE PROPERTY FOR DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, ARE NOT MERELY FINANCIAL AND NOT DUE TO A RESULT OF GENERAL CONDITIONS IN THE DISTRICT.

ONCE THE PROPERTY IS LOCATED, THE BOARD FINDS THAT THE COMPACT NATURE OF THE LOT IN POSITION OF THE ORIGINAL HOME MAKE IT NECESSARY TO ADD PARKING TO THE REAR OF THE PROPERTY AND DEVOTION.

IS THERE A SECOND? SECOND.

I'LL GIVE THAT TO MANANA.

UM, ANY DISCUSSION? I'M SUPPORTING THE MOTION.

YOU KNOW, NO OPPOSITION FOR THE NEIGHBORHOODS THAT BE MOST IMPACTED BY THE VARIANCE REQUESTS.

WE HAVE A, UM, A CITY BASICALLY APPROVED THE VARIANCE, UM, OR MADE RECOMMENDATIONS FOR APPROVAL OF THE VARIANCE REQUESTED AND NO ONE PASSED.

I SUPPORTING VARIANCE.

GREAT.

COMMISSIONER, UM, I CON CRUZ MY COLLEAGUE.

I WILL ALSO BE, UH, VOTING IN FAVOR.

UM, AND THEN TAKE A LOOK AT THE, UH, IN THE BACK ALLEY.

UM, IF THERE'S NO OTHER COMMENTS, STAFF BE SECOND ROLL CALL VOTE.

MR. MINKA CONCUR WITH THE P FLAG.

MS. CRUZ? YES, I CONCUR.

MR. MENNO.

MS. MOND, I CONCUR WITH THE FINDINGS OF FACT.

MR. DAHMER.

MS. FISHER.

MOTION PASSES UNANIMOUSLY.

MR. NO, I CONCUR.

MR. OZUNA? YES, I CONCUR.

CHAIR ORIAN.

I ALSO CONCUR WITH THE FINDINGS OF FACT.

CONGRATULATIONS.

UH, UH, STAFF.

NEXT CASE PLEASE.

OKAY, GOOD AFTERNOON.

UH, KAYLA DEVELOPMENT SERVICES AGENDA ITEM NUMBER TWO IS B O A CASE 21 1 0 3 0 0 0 7.

THE SUBJECT PROPERTY IS LOCATED AT 2 2 1 ROSE LANE, LOCATED IN COUNCIL DISTRICT ONE WITH THE APPLICANT BEING JIM POPPA.

THE REQUEST IS FOR A 1 412 SQUARE FOOT VARIANCE FROM THE REQUIRED 6,000 SQUARE FOOT MINIMUM SIZE REQUIREMENT TO ALLOW A FIVE THOUSAND FIVE THOUSAND FIVE HUNDRED EIGHTY EIGHT

[2. 21-4980 BOA-21-10300070]

SQUARE FOOT LOT.

THE ZONING OF THE PROPERTY IS R SIX RESIDENTIAL SINGLE FAMILY SUBJECT PROPERTY IS LOCATED ALONG ROSE LANE AND THE LOT IS CURRENTLY VACANT.

THE LOT SIZE IS CURRENTLY MEASURED AT 5,588 SQUARE FEET.

THE APPLICANT, UM, IS REQUESTING A VARIANCE IN ORDER TO BUILD A SINGLE FAMILY HOME ON THE PROPERTY.

UM, UPON THE SITE VISIT, STAFF OBSERVED THAT THE FENCE WAS LOCATED IN THE RIGHT OF WAY, BUT APPLICANT WAS INFORMED.

UM, IT'S JUST A SIDE NOTE.

HERE'S A COPY OF THE SITE PLAN AND THERE'S THE VACANT LOT AT 2 2 1 ROSE LANE AND HERE'S A SURROUNDING AREA STREET VIEWS.

STAFF RECOMMENDS APPROVAL AND B O A 21 DASH THREE SEVEN BASED ON THE FOLLOWING FINDINGS OF FACT ONE, SOME WATSON AREA HAVE BEEN SUBDIVIDED INTO SMALLER LOTS TO CONSTRUCT RESIDENTIAL HOMES.

TWO, THE STRUCTURE FACING ROSE LANE MATCHES SIMILAR LOT SIZES AND AREAS, UM, OF THE PROPOSED HOME.

AND THREE, A NEW RESIDENTIAL STRUCTURE WILL ENHANCE THE SURROUNDING NEIGHBORHOOD.

STAFF MAILED 37 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET.

TWO RETURN IN FAVOR, NO RETURN IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE TOBIN HILL COMMUNITY ASSOCIATION.

UH, SAM GREEN IS HERE TO PRESENT.

UM, COME UP WITH SIGN LOADED IN HERE.

YEAH, SO HOW SO? HI, I'M DAN GREEN.

UH, THIS IS 2 2 1 ROSE LANE.

I'M THE OWNER.

UH, WE BOUGHT THIS WITH THE INTENTION OF RENOVATING A LITTLE HOUSE THAT WAS THERE, BUT THE, IT WAS, UH, UH, IN A DILAPIDATED STATE.

SO BEFORE WE KNEW IT, THE HOUSE WAS GONE IN THE CITY SPRAY KIT.

SO THIS WHOLE THING IS KIND OF NEW TO US.

I'VE LOST ENOUGH MONEY ON THIS.

I'M JUST SELLING A LOT.

SO THIS IS FOR THE NEXT OWNER.

UH, IT'S, UH, KIND OF IN A, A LITTLE BIT OF A ROUGH AREA.

I THINK THAT IT MAKES SENSE TO APPROVE THIS LOT IN ORDER TO PUT SOMETHING THAT'S, UH, BEAUTIFUL ON THIS.

YOU WANNA GO THROUGH THIS UP? KEEP THIS.

WE BOUGHT IT IN 2020.

UH, WE WANTED TO BUILD ON IT, UH, BUT THE CITY KNOWS IT, UH, TOOK US A LITTLE BIT LONGER.

UH, WE'RE DOING A LOT OF BUILDING HERE, ALTHOUGH WE'VE PRETTY MUCH STOPPED.

IT'S GETTING A LITTLE TOO TOUGH AROUND HERE.

WE'RE FROM DENVER AND WE, UH, KIND OF RUN OUT OF THE DENVER MARKET BECAUSE THERE'S NO MARGIN LEFT OUT THERE WITH BUILDING MATERIALS AND COSTS OF HOUSES.

WE'RE HERE AND IT'S KIND OF HAPPENING THE SAME WAY HERE.

SO WE'RE KIND OF JUST TRYING TO LIQUIDATE OUR PROPERTIES.

[00:20:47]

UH, WHEN WE WENT IN AND THOUGHT THAT WE MIGHT BE ABLE TO BUILD SOMETHING NEW HERE, WE FOUND OUT ABOUT THIS.

SO IT WAS A LITTLE BIT OF A SURPRISE.

UH, DO YOU WANT GO TO THE NEXT ONE? UH, YOU SEE ALL THAT WE WANT TO DO.

THAT'S THE HOUSE THAT WE PROPOSED AND I'M SURE THE NEW BUYER WILL PROBABLY USE OUR HOUSE PLANS, UH, FOR THIS FILE.

IT'S GOOD FOR THE NEIGHBORHOOD.

IT'S, UH, IT'S UH, IT'S GOOD FOR THE NEIGHBORHOOD, IT'S GOOD FOR THE LOOK OF THE STREET.

IT'S IN A NICE, A NICE AREA.

UH, RIGHT NOW THE, THE REASON WHY I THINK THEY BOTH IS THERE'S SO MANY HOMELESS PEOPLE OVER THERE LIVING IN THE PLACE AND IT PROBABLY GOT TOO MANY COMPLAINTS.

WE TRIED TO KEEP IT CLOSED, BUT THERE'S NO STOPPING.

UH, WE INVEST A LOT.

WE'LL TAKE QUITE A SIGNIFICANT LOSS JUST TRYING GET OUT THIS AND SO THEREFORE I JUST WANNA GET THIS LOT REZONED SO THAT THE NEXT GUY ISN'T GONNA HAVE THE SAME TRAUMA THAT WE HAVE.

UH, LOTS.

UH, WE'VE GOT OTHER HOMES THAT WE'VE SOLD AROUND THERE.

I THINK THE NEIGHBORHOOD AND THE COMMUNITY WILL BENEFIT BY THIS, UH, IF WE PUT STRUCTURE ON PROPERTY.

THAT'S IT.

SO I HOPE YOU'LL AGREE WITH ME.

UH, PROCEED.

UH, YOU CAN HAVE A SEAT AND IF WE HAVE QUESTIONS, WE'LL ASK YOU TO COME PICK UP.

UH, SETH, IS THERE ANY PUBLIC COMMENTARY TO READ IN? NOT FOR THIS ITEM, NO, SIR.

ALRIGHT, GREAT.

UM, WITH THAT, UH, SIR, UH, LOOKS LIKE YOU MIGHT BE COMING UP A LITTLE, LITTLE SOONER, UH, COMMISSION.

ARE THERE ANY QUESTIONS FOR THIS APPLICANT? YES, PLEASE COME BACK UP.

SO SOMETIMES WE HAVE PUBLIC COMMENTS, READ TO THE RECORD AND YOU NEED, OKAY, SURE.

ARE THERE ANY COMMISSIONER QUESTIONS? NO.

I JUST HAVE ONE QUESTION.

IS IN SUPPORT OF THE C O D OR IS THIS SOLELY FOR ZONING CHANGE? UH, CAN YOU EXPLAIN, UH, CERTIFICATE OF DETERMINATION? UH, I'M NOT FAMILIAR WITH THAT.

WAS I HAVE A STAFF IN DENVER THAT HELPS ME BUILD AROUND THE COUNTRY STAFF.

IS THIS IN SUPPORT OF CERTIFICATE OF DETERMINATION? YES, FOR C E.

UM, SO IF, IF THERE'S NO OTHER QUESTIONS ALRIGHT, YOU CAN PLEASE HAVE A SEAT.

THANKS.

THE OWNER OF THE PROPERTY, WHICH THE VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.

UH, IS THERE A COMMISSIONER LIKE TO MAKE A MOTION ON THIS CASE? BRADMAN COMMISSIONER B BRADMAN REGARDING CASE NUMBER BO O A DASH 21 DASH 0 3 7.

I MOVE THAT THE BOARD OF ADJUSTMENT AND REQUEST FOR A 4 412 SQUARE FOOT VARIANCE FROM THE REQUIRED 6,000 SQUARE FOOT MINIMUM LOT SIZE REQUIREMENTS SITUATED AT 2 2 1 ROAD LANE, APPLICANT BEING JUNE PAPA BECAUSE THE TESTIMONY PRESENTED JULY PRESENTED TO US AND THE FACT THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT LITERAL ENFORCEMENT OF THE PROPER PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.

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

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

THE REQUEST TO ALLOW MINIMAL OUTSIDE VARIANCES, NOT CONTRARY TO THE PUBLIC INTEREST AS THE APPLICANT IS ADEQUATE SPACE FROM THE ADJACENT STRUCTURE.

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

THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED WOULD RESULT IN AN UNNECESSARY HARDSHIP BY IMPOSING A LITTLE ENFORCEMENT, THE APPLICANT WOULD NEED TO APPLY TO CHANGE THE ZONING.

THREE.

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

THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.

THE INTENT OF THE MINIMUM LOT SIZE IS TO PROVIDE A CONSISTENT LOT SIZE WITHIN A DEVELOPMENT LIKE, BUT MANY OF THESE LOTS IN THE AREA HAVE A SIMILAR SIZE.

FOUR.

THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZE FOR THE DISTRICT IN WHICH PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.

THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.

FIVE.

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 MINIMUM AMOUNT SIZE DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM TO LIKELY, LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.

THIS PROPERTY IS LOCATED WITHIN AN OLDER NEIGHBORHOOD AND THERE ARE OTHER SIMILAR LOT SIZES AROUND THIS NEIGHBORHOOD.

SIX.

THE PLIGHT OF

[00:25:01]

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

THE BOARD FINDS THE PLIGHT OF THE PROPERTY OWNER IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE LOT SIZE DUE TO THE SUBDIVISION OF LOTS TO CONSTRUCT RESIDENTIAL HOMES INTO MOTION.

SECOND AND A SECOND FROM, UM, COMMISSIONER IAN.

UH, AS, UH, COMMISSIONER BECKMAN, CAN YOU PLEASE, UH, LEAD, LEAD THE DISCUSSION? YES.

UM, I THINK WE ALL REALIZE THAT, UM, IN SAN ANTONIO AND AROUND THE COUNTRY THAT WE'RE FACING A HOUSING SHORTAGE.

AND SO BY GRANTING A VARIANCE, UH, OF THIS MINOR NATURE, UM, ALLOWS A LOT TO BE BUILT ON TO CREATE MORE HOUSING.

SO I'LL BE IN SUPPORT OF THE MOTION.

UH, COMMISSIONER CRUZ? UH, YES, I CONCUR WITH MY COLLEAGUE.

I THINK IT WOULD BE A GREAT IDEA AND YOU SURE WOULD IMPROVE THAT NEIGHBORHOOD.

UH, ARE THERE ANY OTHER COMMISSIONERS WHO'D LIKE TO, UH, ADD TO THE DISCUSSION? ALRIGHT, UH, HERE YOU HEARING ON THE STAFF, PLEASE CALL MR. MINKA.

MS. CRUZ? YES, I CONCUR.

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

MS. BREGMAN, I CONCUR WITH THE FINDINGS OF FACT.

MR. GILMER.

UH, MOTION PASSES UNANIMOUSLY.

MR. I CONCUR.

MR. ? YES.

I CAN CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT.

SO IF, UH, IF YOU CAN PLEASE GET WITH STAFF, UH, THEY'LL TALK TO YOU ABOUT YOUR OPTIONS MOVING FORWARD.

ONE INCH FROM THE PROPERTY LINE.

NEXT CASE PLEASE.

AGENDA ITEM NUMBER THREE IS CASE V O A 21 DASH 1 0 3 7 3.

SUBJECT PROPERTY IS LOCATED AT 10 18 VANDERBILT AND LO IN DISTRICT COUNCIL.

DISTRICT THREE.

THE APPLICANT IS J MARTINEZ.

THE REQUEST IS FOR A FOUR FOOT 11 INCH VARIANCE TO THE FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW, UM, AN ATTACHED CARPORT TO BE

[3. 21-4981 BOA-21-10300073]

THE ZONING OF THE PROPERTY IS R FOUR SINGLE FAMILY STUDY.

PROPERTY IS LOCATED ON VANDERBILT AVENUE NEAR SOUTH BEERS.

UH, THE CARPORT WAS CONSTRUCTED ATTACHED TO THE EXISTING STRUCTURE AND IS LOCATED AN INCH FROM THE PROPERTY LINE.

UH, PERMITS WERE NOT PULLED PRIOR TO CONSTRUCTION.

UM, THERE ARE ALSO NO GUTTERS INSTALLED ON THE CARPORT AND IT WASN'T, IT'S NOT RATED.

WE DID CONSULT WITH OUR PLAN REVIEW TEAM AND THEY STATED THAT THEY WOULD NEED AN ENGINEER'S LETTER DUE TO A CHANGE IN THE PRIMARY STRUCTURE.

HERE'S A COPY OF THE SITE PLAN AND SUBJECT COPY.

AND THIS IS AN IMAGE PRIOR TO THE CONSTRUCTION OF THE CAR PART.

HERE YOU CAN SEE IT'S ATTACHED IN THE SURROUNDING AREAS.

STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION IN D O A 21 1 0 3 0 0 7 3.

THE ALTERNATE RECOMMENDATION BEING A TWO FOOT VARIANCE TO ALLOW A CARPORT, CARPORT TO BE THREE FEET FROM THE SIDE PROPERTY LINE BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE ATTACHED CARPORT WILL BE THREE FEET AWAY FROM THE SIDE PROPERTY.

LINE TWO, THE INSTRUCTOR FACING VANDERBILT SHALL BE, SHALL BE HURRIED WITH NO OPENINGS AND NO OVERHANG ON THE EASTERN PORTION OF THE PROPERTY.

LINE.

THREE, THE STRUCTURE BEING THREE FEET FROM THE SIDE PROPERTY LINE WILL ALLOW AMPLE SPACE TO ACCESS VEHICLES.

AND FOUR, THE CARPORT IS NOT OUT OF CHARACTER, UM, OF THE NEIGHBORHOOD.

STAFF MAIL 24 NOTICES TWO PROPERTY MEMBERS WITHIN 200 FEET.

ONE IS RETURNED IN FAVOR, NONE IN OPPOSITION, AND THERE IS NO RESPONSE FROM THE HIGHLAND PARK NEIGHBORHOOD ASSOCIATION.

[00:30:01]

UM, AT A FINAL CALL, THE APPLICANT, UH, MR. MARTINEZ, I JUST WANTED JUST TO, UH, LET YOU KNOW THAT THERE'S NINE COMMISSIONERS HERE TODAY.

OKAY? AND YOU NEED ALL NINE OF US TO VOTE IN THE AFFIRMATIVE, OKAY? FOR THIS VARIANCE TO BE APPROVED.

AND SO THIS, THIS PROJECT DID HAVE THE STAFF RECOMMENDATION, AN ALTERNATE RECOMMENDATION.

SO IF YOU WOULD LIKE TO REQUEST A CONTINUANCE OF WHERE WE WOULD POTENTIALLY HAVE MORE THAN NINE MEMBERS, UH, YOU CAN CERTAINLY DO SO.

DON'T EXACTLY UNDERSTAND THAT.

I WOULD WANT MORE, BUT MAYBE, OH, BECAUSE IF THERE WAS, IF THERE WAS 11 OF US HERE, YOU WOULD STILL ONLY NEED NINE POSITIVE VOTES.

OH, OKAY.

ONLY NINE HERE IF ONE PERSON VOTES.

NO, YOUR CASE IS, IS, UH, I WOULD DEFINITELY LIKE TO CONTINU THAT.

SO DO I JUST GO AND HOLD OR DO YOU GUYS STILL WANT TO, WE CAN, UM, UH, IF A, UM, UM, COMMISSIONER LIKE TO MAKE C FOR A CONTINUOUS STAFF ONE THE NEXT AVAILABLE MEETING THAT'S GONNA BE AUGUST 16TH.

UM, BUT YEAH, AND HOPEFULLY WE'LL HAVE, HOPEFULLY WE'LL HAVE 11 BECAUSE WE HAVE TWO MEMBERS ABSENT TODAY.

THAT DEFINITELY I WOULD APPRECIATE THAT.

AND THAT GIVES YOU, UH, SO IF A COMMISSIONER WOULD LIKE TO MAKE A MOTION AUGUST 16TH, I CAN MAKE A MOTION.

I'D LIKE TO MAKE A MOTION THAT, UH, BO 8 2 1 DASH OH 3 0 0 7 3 BE CONTINUED UNTIL AUGUST 16TH, 2020.

ONE SECOND.

MOVE A MOTION AND A SECOND.

STAFF PLEASE TAKE A ROLL CALL.

VOTE MR. MACHACA.

I APPROVE MS. CRUZ.

YES, I APPROVE MR. MANO.

I APPROVE MS. BRECKMAN.

YES, I APPROVE MR. GILMER.

YES, I APPROVE CHAIR.

MAY I ALSO APPROVE MOTION PASSES.

UH, SO SIR, YOU HAVE A CONTINUOUS TOTAL AUGUST 16TH.

AND, UH, YOU, YOU'VE HEARD THE STAFF PRESENTATION SO YOU KNOW, PLEASE GET WITH STAFF.

PLEASE FIGURE OUT WAYS TO, UM, YOU KNOW, ENHANCE YOUR APPLICATION SO THAT IT MIGHT BE MORE VIABLE AND, AND POSSIBLY NOT.

HAVE A DENIAL ABOLITION.

SUNBURST LANE IN COUNCIL DISTRICT EIGHT, THE APPLICANT BEING ON .

ALRIGHT, WITH THAT WE HAVE THE NEXT CASE, UM, ENDING IN SEVEN SIX.

AGAIN, ITEM NUMBER FOUR IS CASE 8 21.

1 0 3 0 7 6.

SUBJECT PROPERTY IS LOCATED AT 12 0 14

[4. 21-4982 BOA-21-10300076]

THE REQUEST IS FOR A 15 FOOT SIX INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW AN ATTACHED DECK TO BE FOUR FEET SIX INCHES FROM THE REAR PROPERTY LINE WITH A TWO FOOT ROOF OVERHANG.

THE ZONING IS R SIX SINGLE FAMILY.

UM, SO PROPERTY LOCATED ALONG SUNBURST LANE, UH, THE DECK MEASURES TO BE 768 SQUARE FEET, UM, AND IS ATTACHED TO THE PRIMARY STRUCTURE.

IT IS CURRENTLY FOUR FEET SIX INCHES FROM THE REAR PROPERTY LINE.

UM, THE SINGLE FAMILY DISTRICT DOES REQUIRE A 20 FOOT STEP BACK, UH, UPON THE SITE VISIT, UM, STAFF THAT OBSERVE, THERE ARE OTHER STRUCTURES IN THE, IN THE AREA THAT HAVE SIMILAR DECKS.

HERE IS A COPY OF THE SITE PLAN AND THE SUBJECT PROPERTY AND THERE'S THE ATTACHED DECK AND THE SURROUNDING AREA STAFF RECOMMENDS APPROVAL, UM, OF THE REAR SETBACK VARIANCE IN BO O A 21 1 0 3 0 0 7 6.

BASED ON THE FOLLOWING FINDINGS OF FACT ONE, THERE ARE SIMILAR DECKS IN THE AREA THAT HAVE THE SAME CONFIGURATION.

TWO, THE STRUCTURE IS, UM, ALMOST COMPLETELY, ALMOST COMPLETELY STRUCTURED.

AND THREE, THE CASH DECK IS NOT OUT OF CHARACTER FOR THE SURROUNDING NEIGHBORHOOD.

STAFF MAILED TWENTYS ASSIST PROPERTY MEMBERS WITHIN 200 FEET.

TWO ARE RETURNED IN FAVOR, NONE IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE ADVANCED CHECKS IN COMMITTEE ASSOCIATION.

AT THIS TIME, I'LL CALL UP THE APPLICANT.

HI, MY NAME IS MARK WINKEY AND MY ADDRESS IS 1 2 8 1 4 VADO CIRCLE DRIVE.

UM, THIS AS THE STAFF, DUNNO WHAT ELSE I COULD ADD TO THAT.

UH, EXCEPT FOR WE ARE GONNA, THE IDEA IS TO FINISH IT AND THE OWNERS HERE ALSO PRESENT TOO.

UM, FINISH THE BOTTOM OF THE DECK BY SKIRTING IT AND ALSO GUTTER THE BACK OVERHANG AND DRAIN IT TO THE SIDE IN, IN HIS YARD OFF THE SIDE OF WHERE THE STANDARD DRAINAGE IS.

[00:35:38]

UM, YOU CAN HAVE A SEAT IN BOWL, HAVE SOME OTHER BUSINESS TO DO.

BEFORE WE MIGHT BRING YOU BACK UP FOR QUESTION STAFF.

IS THERE ANY COMMENTARY RECEIVED SINCE, UH, THE DEADLINE? NO.

AND IS THERE ANY COMMISSIONER QUESTIONS? COMMISSIONER ZUNA? UH, SIR, YOU CAN, UH, PLEASE.

HOW WAS THIS CASE ORIGINATED? OR, OR DID THIS, UH, COME BEFORE US? I CAME DOWN TO PULL THE PERMIT AFTER THE FACT AND THEN IT CAME, IT WAS INSIDE THE BUILDING SETBACK.

SO WE WENT BACK AND RUN THROUGH THE ZONING TO GET THAT.

SO WAS DURING PERMANENT PROCESS RECOVERED, CORRECT? YES.

ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER? GOT IT.

UH, I LOOK AT THE SLIDE REAL QUICKLY.

YOU SAID THAT THE CONSTRUCTION WAS NOT COMPLETELY YET SKIRTED, IS THAT CORRECT? IT'S NOT SKIRTED AT THIS TIME.

IT'S GONNA BE SKIRTED BE SIMILAR TO THE HOUSE.

UM, YOU NOTICE SOME SKIRT.

THERE'S THE DECKING HAS A WALL ON IT, ON ON THE COVER PORTION.

THE OTHER END IS GONNA GET HORIZONTAL, UH, GALVANIZED CABLE FOR FALL PROTECTION IN THERE.

BUT THEN THE, THE SAME SIDING, THE HARDY SIDING THAT IS ON THE HOUSE WILL BE USED FOR SKIRTING OF THE, UH, LOWER PORTION ALSO.

SO IT WILL MATCH THE SIMILAR CONSTRUCTION CHARACTERISTICS.

UH, THAT ANSWERED MY QUESTION.

THE OTHER ONE IS, UH, I ASSUME THAT THE HANDRAILS, UH, THE HAND YES.

THE HANDRAILS COMING DOWN THE, THE STAIRS ALSO CORRECT.

AND THOSE ARE, THOSE ARE MADE OF THE SAME DECK MATERIAL COMPOSITION, WHICH IS VERY, UH, IT'S A WOOD, WHICH IS A VERY DENSE WOOD TO MATCH THE CONSTRUCTION AND ANA COMMISSIONER MANNA.

SO I NOTICED, UH, IT SEEMS LIKE A PRETTY, UH, LARGE DIFFERENCE IN ELEVATION THERE, UH, WITH A PRETTY STEEP, UH, FOOTING I GUESS ON THE BACK WALL THERE.

IF YOU GO BACK A PICTURE THERE, UM, IT LOOKS LIKE, UH, THE, THE, UH, DECK IS ALMOST THE HEIGHT OF THE FENCE.

SO, UM, ONE MORE THAT CAN SHOW THE BETTER PICTURE OF THE BACK.

SO THERE YOU GO.

PERFECT.

SO, SO WHAT IS THERE ON THE BACKSIDE OF THERE? AND SO WHAT IS IT, YOU KNOW, WHAT KIND OF VIEW OR NEIGHBOR'S VIEW IS IT INTO THAT, INTO THAT AREA THERE? THE NEIGHBOR'S VIEW IS WHAT YOU'RE SEEING THE NEIGHBORHOOD EXISTS IS WHAT YOU'RE SEEING FROM THERE.

THERE'S A NEIGHBOR ON THE BACKSIDE, UH, KIND OF TO YOUR RIGHT AND BACK THAT'S LOOKING AT THE BACK OF THE DECK.

AND THEN THERE'S ONE ON THE SIDE THAT WE'RE LOOKING FROM THAT'S LOOKING AT THIS SIDE OF THE DECK.

AND, AND THE STAFF IS ALSO RECOMMENDED THE FIRE RATED SOFFIT ON THAT, WHICH IS WHAT WE'RE GONNA PUT ALSO.

SO IS THAT, SO IS THERE A HOUSE DIRECTLY BEHIND THE DECK THEN, OR IS IT OFF THE SIDE? IT'S FARTHER BEHIND.

IT'S, IT'S BASICALLY LIKE A LOT OF WAY.

UM, OKAY.

PROBABLY, I DON'T KNOW, 150 FEET, SOMETHING LIKE THAT.

A HUNDRED, 150.

ANY OTHER QUESTIONS? CRUZ, MR. CRUZ? UM, I'M LOOKING AT THE PICTURE NOW THAT YOU GOT THERE AND WITH THE BEAUTIFUL TREES THAT ARE THERE, WILL THERE BE A PROBLEM THAT THEY MIGHT FALL ONTO THIS STRUCTURE? I DON'T BELIEVE SO.

THERE WON'T, UH, THE TREES THAT ARE EXISTING, UH, AS LONG AS THEY'RE ALIVE, THEY'LL BE FINE.

IF NOT, THEN THERE'S THE POTENTIAL THAT THEY'RE GONNA FALL ON THE HOUSE.

SO, BUT THEY WILL BE TRIMMED IN CASE THAT THAT DECK GETS, UH, TO BE A PROBLEM.

RIGHT, BUT THOSE, THE TREE TO YOUR RIGHT ARE ON THE NEIGHBORING PROPERTY AND NOT ON HIS PROPERTY.

THERE'S JUST THAT ONE LARGE OAK TREE THAT YOU SEE IN FRONT THAT IS ON HIS PROPERTY AND IT IS EVERY, UH, THERE'S NO LIMBS IN CONFLICT WITH IT AT THE CURRENT TIME.

I THINK THE CLOSEST PROXIMITY OF ANY LIMBS IS AS CLOSE TO THE HOUSE AS IT IS TO THE DECK.

YOU'RE WELCOME.

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

UH, THIS IS THE PART OF, OF SUNBURST THAT HAS A VERY PROMINENT DROP ON CORRECT? JUST BEFORE THAT PROMINENT DROP.

IT'S, IT'S JUST ON TOP OF THE HILL THERE? YES.

IS THIS STILL ONE WAY STREET OUTTA CURIOSITY? THIS IS TWO WAY IN FRONT OF THIS HOUSE.

THE NEXT, THE NEXT BLOCK, I THINK THERE'S, THERE'S THE, THE EMPTY LOT THAT YOU SEE ON THE FAR SIDE OF THE DECK, THAT PART OF THE CHURCH AND THEN IT DROPS.

AND THEN BEHIND YOU, IT LOOKED LIKE AT ONE TIME YOUR LOT WAS A VERY LARGE LOT AND IT WAS BROKEN UP WITH TWO FLAGS BEHIND YOU.

I BELIEVE THAT'S THE WAY IT WAS WHEN IT WAS BUILT FOR.

IS ONE OF THE FLAGS NOT OCCUPIED BY A HOME? I BELIEVE SO.

I BELIEVE THE ONE DIRECTLY BEHIND IT IS NOT OCCUPIED BY A HOME.

AND YOU DON'T KNOW WHO OWNS THAT OR THAT'S THE SAME OWNER'S OR ONE THAT OWNS A FLAG? UH, I, YOU HAD MENTIONED THAT I DO NOT KNOW THE HOUSE VERY FAR AWAY, BUT THAT'S JUST BECAUSE NO ONE'S, NO ONE'S, UH, BUILT ON THAT BLACK LIGHT.

CORRECT.

AND I DON'T KNOW, THEY HAVE, THEY HAVE A SHARED DRIVEWAY THAT COMES INTO THAT.

THE, THERE'S THE NEIGHBORS ON THE BACK AND IN THE CORNER AWAY THEY'RE, THEY SHARE A DRIVEWAY GOING IN.

[00:40:01]

UH, IF YOU COULD TAKE A SEAT.

UH, IS THERE ANY COMMISSIONER ITEM COMMOTION NUMBERS FISHER COMMISSIONER FISHER REGARDING CASE NUMBER BO O A 2 1 1 0 3 0 0 0 7 6.

I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A 15 FOOT SIX INCH VARIANCE TO THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW AN ATTACHED COVERED REAR DECK WITH A ONE FOOT OVERHANG TO BE FOUR FEET SIX INCHES FROM THE REAR PROPERTY LINE SITUATED AT 1 2 0 1 4 SUNBURST LANE AFTER THE BEING.

MARK W***Y W***Y.

BECAUSE THE TESTIMONY PRESENTED TO US, US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF VISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.

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

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

THE REQUEST TO ALLOW AN ATTACHED COVERED REAR DECK ENCROACHMENT TO THE REAR SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST.

AS THE APPLICANT HAS ADEQUATE SPACE FROM THE ADJACENT STRUCTURE.

TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP OR FINES THAT ANY SPECIAL CONDITIONS THAT IT ENFORCED WOULD RESULT IN AN UNNECESSARY HARDSHIP.

BY IMPOSING A LITERAL ENFORCEMENT, THE DECK WOULD NEED TO BE ADJUSTED 15 FEET, SIX INCHES, WHICH WOULD ELIMINATE THE DECK IN ITS ENTIRETY.

BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED.

ITS SUBSTANTIAL JUSTICE WILL BE DONE.

THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.

THE INTENT OF THE SETBACKS IS TO PROVIDE SPACING BETWEEN NEIGHBORING STRUCTURES, WHICH IS OBSERVED.

FOUR VARIANCE WILL NOT AUTHORIZE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.

THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.

BY SUCH VARIANCE WILL NOT SUBSTANTIALLY ENTER THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.

THE REQUEST TO REDUCE A PORTION OF THE REAL SETBACK DOES NOT POSE A RISK OF SUBSTANTIALLY ENTERING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT SIX FLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.

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

THE BOARD FINDS THAT THE PLIGHT OF THE PROPERTY OWNER IS SOUGHT DUE TO ANY CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO THE LIMITED SPACE IN THE REAR OF THE PROPERTY.

FOR A DECK.

IT'S, I'M GONNA BE, UH, IN FAVOR OF THIS.

WELL, WE NEED A SECOND.

UH, IS THERE COMMISSIONER LIKE TO MAKE A SECOND? SECOND.

COMMISSIONER SECOND.

UH, PLEASE PROCEED.

COMMISSIONER FISHER? YES, I WILL BE IN SUPPORT OF THIS MOTION.

I BELIEVE THAT THE, UH, THIS IS AN ENHANCEMENT OF THE CURRENT STRUCTURE AND YET IT'S COMPLIMENTARY TO THE SURROUNDING NEIGHBORHOOD.

COMMISSIONER, LOVE, I HAVE NO COMMENT.

IS THERE ANY OTHER COMMISSIONERS WHO WOULD LIKE TO ADD TO THE DISCUSSION? ALL

[00:45:01]

HEARING NONE PLEASE.

SECOND ROLL CALL VOTE MS. MENCHACA.

MS. CRUZ, YOU SEC.

MR. MANNA? I CONCUR WITH THE FINDING OF FACT.

MS. BREGMAN.

MR. GILMER.

MR. LOVE I CONCUR.

MR. OONA? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF, OF FACT MOTION PASSES.

UH, SIR, PLEASE GET WITH STAFF AND I'LL INSTRUCT YOU HOW TO MOVE FORWARD.

GOOD AFTERNOON, COMMISSIONERS.

UH, NEXT CASE PLEASE.

THIS IS CASE BO O A 21 DASH 1 0 3 0 0 0 87, LOCATED AT 1538 WEST FRONT PLACE.

IT'S A COUNCIL DISTRICT ONE.

THE APPLICANT IS RENEE FUENTE.

UM, AND IT IS A REQUEST FOR ONE, A FOUR FOOT, ONE INCH VARIANCE TO THE REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A REAR DETACHED ACCESSORY STRUCTURE SIDE SET WITH THE SIDE SETBACK OF 11 INCHES WITH AN ONE FOOT OVERHANG ON THE WESTERN SIDE AND TWO, A THREE FOOT 10 INCH VARIANCE TO THE REQUIRED FIVE FOOT SETBACK TO ALLOW A REARED ATTACHED ACCESSORY

[5. 21-4960 BOA-21-10300087]

STRUCTURE TO HAVE A SIDE SETBACK UP TWO FOOT AND TWO INCHES WITH A SEVEN INCH OVERHANG ON THE EASTERN SIDE.

AND THREE, THE REAR YARD FENCES TO BE CONSTRUCTION OF CORRUGATED METAL.

FOUR A TWO FOOT SIX INCH VARIANCE TO THEY REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW PRIMARY STRUCTURE TO BE THREE FOOT SIX INCHES FROM THE SIDE PROPERTY LINE AND FIVE A 5 8 9 FOOT 10 INCH VARIANCE.

SO THEY REQUIRED 20 FOOT REAR SETBACK TO ALLOW FOR THE PRIMARY STRUCTURE TO BE 10 FOOT 20, 22 INCHES FROM THE SIGN PROPERTY FROM THE REAR PROPERTY LINE WITH AN OVERHANG OF ONE FOOT AND THREE INCHES PROPERTY ZONE.

R FOUR SINGLE FAMILY SUBJECT PROPERTY IS LOCATED MIDLOCK ALONG WEST FRENCH PLACE, UH, BETWEEN FRENCH PLACE AND A UH, CREEK FLOODWAY.

THE APPLICANTS REQUESTING A REAR SETBACK VARIANCE TO RECEIVE A PERMIT FOR AN EXISTING STRUCTURE IN THE REAR OF THE LOT AS WELL AS HIS ACCESSORY STRUCTURE.

AND ADDITIONALLY, STAFF FOUND A CORRUGATED METAL FENCES CONSTRUCTED ALONG THE REAR PROPERTY LINE AND ALSO FOUND THE EXISTING WALL OF MAIN HOME IS LOCATED THREE FOOT AND SIX INCHES FROM THE SIDE PROPERTY LINE.

THIS IS THE SIDE PLAN.

UH, THOSE, THOSE ARE THE EXISTING ADDITIONS ON, UH, THIS IS THE FRONT OF THE PROPERTY AND THIS, THIS IS A VIEW FROM THE REAR YARD.

IT DOES BACK TO A CREEKWAY.

THAT IS THE SETBACK ON THE ACCESSORY STRUCTURE THAT IS THE REAR YARD, UH, AS VIEWED BEHIND, UH, ONE OF THE EXISTING ADDITIONS.

THIS IS THE SURROUNDING AREA FROM THE FRONT STAFF RECOMMENDS APPROVAL IN BO O A 21 DASH 1 0 3 87 BASED ON THE FOLLOWING FINDINGS OF FACT, THE PROPOSED ADDITIONS WILL NOT BE OUTTA CHARACTER WITH THE NEIGHBORHOOD EXTENT IN LOCATION RELATIVE TO THE PROPERTY LINES.

THE ADDITION MERELY CONTINUES TO SIDE EFFECT TO THE EXISTING ACCESSORY STRUCTURE AND WILL NOT BE APPROXIMATE OF THE NEIGHBORING STRUCTURES WHICH MITIGATE POTENTIAL IMPACTS THAT AN IMPROVED VARIANCE AS HAS THE PRESENCE OF QUA THE UNUSUAL STATE SHAPE AND SIZE OF THE PARCEL.

STATES OF VARIANCE FOR FULL USE OF PROPERTY.

UH, 14 NOTICES WERE MAILED TO PROPERTY WITHIN 200 FEET.

ONE WAS RETURN IN FAVOR, ZERO RETURN IN NOT POSITION.

THERE WAS NO RESPONSE FROM THE WEST END TOKEN ACTION ASSOCIATION.

NOW THE APPLICANT IS PRESENT.

YOU CAN COME ON AS A CORRECTION AS THE PROPERTY OWNER, BUT, UM, HIS REPRESENTATIVE WILL SPEAK.

HI, RENEE LA 12 7 25 APPLE WHITE ROAD.

I GUESS TO KIND OF CLARIFY, I GUESS STAFF, UH, WHEN THEY WENT OUT THERE, THEY FOUND THOSE LITTLE ACCESSORY STRUCTURES ALL OVER THE, THE PROPERTY.

THAT'S WHY THEY INCLUDED ALL THOSE, I THINK ONE THROUGH FOUR.

AND THE OWNERS HAVE STATED THEY WOULD REMOVE, THEY'RE JUST OLD ACCESSORY BUILDINGS UNDERSIDE, THEY DON'T EVEN NEED PERMITS FOR THEM.

BUT WHAT WE'RE REALLY CONCERNED WITH IS, UH, NUMBER FIVE, WHICH IS THE LAST ONE ON THE, WHICH IS,

[00:50:26]

WHICH IS, UM, THE REAR ADDITION TO THE MAIN STRUCTURE.

WHAT HAPPENED? THE GENTLEMAN'S UH, BOUGHT THE PROPERTY THAT WAY AND HE'S TRYING TO PERMITS DO EVERYTHING CORRECTLY.

SO HE'S HIRED ME TO DO, I SAID FIRST THING FIRST YOU DON'T, YOU'RE REAR SET BACK DURING VIOLATION.

WE NEED TO GO TO THE BOARD AND, AND GET THAT STRAIGHT AND THEN WE CAN GET PERMITS.

SO IT'S, HE'S BEING PROACTIVE.

NOBODY WENT OUT THERE, DIDN'T COME FROM CODE COMPLIANCE OR ANYTHING LIKE THAT.

HE'S JUST TRYING TO GET ALL THE PERMITS STRAIGHT.

THAT'S WHAT I'M HERE TO HELP HIM DO.

UM, IF YOU COULD JUST, UH, TAKE A MOMENT, UH, JUST STAND RIGHT THERE.

UM, WE'RE GONNA SEE IF THERE'S ANY PUBLIC COMMENTARY ON STAFF.

IS THERE ANY THING THAT'S COME IN AND, AND I, AND APOLOGIES KEEP ASKING THIS.

WHAT? I KNOW THAT THERE'S A DEADLINE FOR SUBMITTALS.

I JUST WANNA MAKE SURE THERE HASN'T BEEN ANYTHING NEW.

NO, THERE'S NOTHING NEW.

UH, IS THERE ANY COMMISSIONER UH, QUESTIONS FOR MR. LAPUENTE? MANANA? COMMISSIONER MANNA? SO, UM, SO THERE, SO YOU TALKED ABOUT DISMISSING SOME OF THE PREVIOUS POINTS THAT THEY WEREN'T NECESSARILY NEEDED, BUT I THINK FOR THE DIALOGUE, SOME OF THEM MAY ACTUALLY BE NEEDED OR JUST KIND THE DIALOGUE.

SO ONE WAS THE, UM, THE VARIANCE OF DEFENSE.

SO IS THE FENCE GONNA SAY THE SAME KINDA MATERIAL AS FAR AS YOU KNOW? AS FAR AS I KNOW, THEY, THEY INTEND TO KEEP THAT FENCE.

THEY SAY IT'S A CREEK BACK THERE.

THEY'RE GONNA DO A WALKWAY BACK THERE.

THERE'S PLANS FOR A WALKWAY IN THAT CREEK NOW.

SO A SOLID BARRIER, BUT WE CAN REMOVE THAT AS WELL.

I MEAN, IT'S THE STORAGE BUILDINGS AND THE, AND THE FENCE.

I MEAN WE CAN TAKE THAT STUFF DOWN.

I MEAN, WE'RE REALLY JUST CONCERNED ABOUT THE ADDITION TO THE PRIMARY RESIDENCE GOING TO THE 20 FOOT SETBACK.

I GUESS YOU SO REGULARLY WILL ASK YOU WHAT WAS A HARDSHIP OR WHAT, WHAT WAS DRIVING FOR HAVING METAL FENCE THERE VERSUS A WOODEN FENCE OR, OR OR WHATEVER KIND FENCE LIKE NEXT DOOR.

SO IS THERE SOMETHING THAT'S DRIVING THAT REQUIREMENT AT YOUR WORK? HE, IF YOU LOOK AT THE RESIDENCE, HE HAD SOME, THE PRIMARY RESIDENCE HAD SOME COORDINATED METAL AND I GUESS THAT'S A LOOK THAT HE WANTED KIND OF JUST GO WITH THAT CORD CORD GETTING METAL ALONG THE FRONT AND I GUESS IT WAS LEFTOVER.

SO THEY JUST USED IT ON THE, ON THE FENCE IN THE BACK AS A SOLID BARRIER.

I DUNNO IF THAT PICTURE REFLECTS ANY OF THAT.

YOU CAN SEE THE BOTTOM PART OF THAT GOT CORRUGATED THE BOTTOM.

I DUNNO IF YOU CAN ZOOM IN, BUT THAT WAS THE REASONING FOR IT.

THERE'S NO SPECIFIC REASON FOR IT OTHER THAN IT WAS A LEFTOVER MATERIAL.

NOW, CAN YOU PLEASE, UH, CHIME IN ABOUT THE CORRUGATED METAL FENCE? IF HE DOES NO WORK TO THE FENCE, IT CAN REMAIN UNTIL IT'S, UH, REPLACED OR DAMAGED.

IS THAT TRUE OR NOT TRUE? SO IT DEPENDS ON WHEN THE CORRUGATED METAL FENCE WAS, UH, CONSTRUCTED.

IT WAS CONSTRUCTED WITHOUT A PERMIT.

UM, THEN IT NEEDS TO PROBABLY NEEDS A PROPER PERMIT.

AND, UM, CON CORRUGATED METAL IS NOT A, AN ALLOWABLE MATERIAL WITHOUT A VARIANCE TO THE BOARD OF ADJUSTMENT.

ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER ZUNA.

AND IF WE DO ELECT TO ALLOW THE CORRUGATED METAL TO STAND, UM, WE WOULD REQUIRE ALSO THE CAP, RIGHT? AND MAKE SURE THERE'S NO SHARP EDGES OR ANY KIND OF SAFETY ISSUE WITH THAT CORRUGATED METAL THAT'S CORRECT.

IN THE PERMIT PROCESS THAT WILL BE REVIEWED TO MAKE SURE THAT IT IS, UH, SAFE AND SECURE.

I I HAVE A FOLLOW UP QUESTION TO COMMISSIONER TO THIS QUESTION.

SO IF THERE IS NO APPLICATION OR INFORMATION PRESENTED ABOUT CAPPING OR OR WHATNOT, IF WE WERE TO APPROVE IT TODAY, WOULD THERE BE AN OBLIGATION BY THE CITY REQUIREMENT TO MAKE THEM CAP IT OR IS IT JUST A REQUEST? ANYTHING THAT REQUIRES IT TO BE SAFE, WE WILL MAKE SURE THAT OUR CODES AND ORDINANCES ARE, UH, IMPLEMENTED.

SO REGARDLESS OF WHETHER OR NOT THAT'S IN YOUR MOTION OR NOT, OR NOT PRESENTED TODAY, THEY'LL HAVE TO MEET OUR CODES, UH, REQUIREMENTS.

IF, IF IT DOESN'T MEET OUR SAFETY GUIDELINES OR SAFETY REQUIREMENTS, THEN IT WILL NEED TO BE KEPT.

ANY OTHER QUESTIONS? ALL RIGHT.

SO, UM, I HAVE A QUESTION.

SO YOU HAD MENTIONED ABOUT, UH, THE, THE CREEK BEHIND YOU.

I NOTICED IN AN AERIAL PHOTO THAT THERE'S A WALKWAY ON THE OPPOSITE SIDE OF THE CREEK.

UH, BUT, BUT YOU PUT ON YOUR TESTIMONY THEY'RE GONNA BE BRINGING A SIDEWALK ALONG YOUR SIDE OF THE CREEK AS WELL.

YEAH, THE, UH, BESIDE WHAT THE OWNERS TELL ME, THEY'RE GONNA DO A WALKWAY THROUGH ALL THE CREEK AREAS IN THE AREA.

SO I'M, I'M ASSUMING HIS IS GONNA GET ONE AS WELL.

THAT'S JUST AN ASSUMPTION.

GREAT.

I'D LIKE TO LEAVE IT SOLID, BUT I TAKE IT DOWN.

I'LL TAKE IT DOWN.

YOU KNOW, HE, HE'S WILLING TO DO WHATEVER JUST TO GET THE, THE PRIMARY APPROVED.

YOU WOULD LIKE TO MAKE A COMMISSION IN CASE NUMBER BO O A DASH 21 DASH 0 3 87.

UH, WITH THAT I'M LOOKING FOR A MOTION AND I WOULD LIKE TO STRESS THAT, UM, THE APPLICANT DID MENTION THAT ITEMS ONE THROUGH FOUR ONE TOO IMPORTANT.

HOWEVER, UM, I'M SPECIFICALLY, UM, CONCERNED ABOUT THE CORRUGATE METAL FENCE.

AND IT WOULD BE NICE TO SEE AS PART OF THE MOTION IF THERE WAS A, UH, UH, A PORTION THAT INCLUDED A CAPPING OR, UH, YOU KNOW, COVERING EXPOSED METAL EDGES, MR. CHAIR, I CAN INCORPORATE THAT.

BUT FOR CORRECTION, I THINK NUMBER FOUR IS NEEDED BY 'CAUSE.

THAT'S A FIVE OF TWO FOOT SIX INCH VARIANCE FOR THE MAIN RIGHT? THAT'S CORRECT.

[00:55:02]

I MOVE THE BOARD OF ADJUSTMENTS AND REQUEST FOR, AND I'M GONNA SAY ONE A, UH, THE VERY LARGE SETBACK TO BE CONSTRUCTED THE CORRUGATED METAL WITH THE APPROPRIATE CAPPING AND SAFETY REQUIREMENTS.

TWO, A TWO FOOT SIX INCH VARIANCE FROM REQUIRED FIVE FOOT SITE STEP TO ALLOW FOR THE PRIMARY STRUCTURE COULD BE THREE FEET, SIX INCHES FROM THE SIDE PROPERTY LINE AND THREE A NINE FOOT 10 INCH VARIANCE TO THE REQUIRED 20 FOOT REAR SETBACK TO ALLOW FOR THE PRIMARY STRUCTURE TO BE 10 FEET, TWO INCHES INCHES FROM THE SIDE PROPERTY LINE WITH AN OVERHANG OF ONE FOOT THREE INCHES SITUATED AT 1 5 3 8 WEST FRENCH PLACE.

APPLICANT BEING EDWARD MONTE.

BECAUSE THE TESTIMONY PRESENTED TO US, THE FACT THAT WE DETERMINED SHOWED THAT THE PHYSICAL CHARACT OF THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT AND PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.

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

THE PUBLIC INTEREST IS DEFINED AS GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC PROPOSED ADDITION WOULD NOT BE OUT OF CHARACTER WITH THE NEIGHBORHOOD.

IN EXTENT LOCATION RELATIVE TO THE PROPERTY LINES, THE BLOCK, E IAN FOR MULTIPLE PROPERTIES CONSTRUCTED WITHIN THE REAR SETBACK.

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

LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN A UNNECESSARY HARDSHIP WILL POST ADDITION TO BE CONSTRUCTED WILL, UM, SETBACK.

THREE.

BY GRANTING THE VARIANCE, THE ORDINANCES WILL BE OBSERVED IN THE SPIRIT OF THE ORDINANCE DEFINED CODE RATHER THE EXACT LETTER OF THE LAW, THE SIDE INVERSE SETBACK RUN OFF THE NEIGHBORING PROPERTY AS WELL AS PROVIDE DISTANCE FROM NEIGHBOR THE PURPOSE OF FIRE SAFETY AND MAINTENANCE PROPERTY BORDERS CREEK RIGHT OF WAY TO THE REAR NORTH.

SIR, CAN YOU TURN ON YOUR MIC? MAKE SHIRTS ON.

OH, I'M SORRY FOR THE VARIANCE.

WILL NOT AUTHORIZE THE APPROPRIATION OF THE OPERATION OF THE USE OF THE, THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.

NO USES OF THE, THOSE PERMITTED WITHIN THE DISTRICT WILL BE ALLOWED WITH ITS VARIANCE BY SUCH VARIANCE, WILL NOT ESSENTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORM PROPERTY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OF WHICH PROPERTY IS LOCATED.

IF GRANTED VARIANCE WILL NOT ALSO BE ESSENTIAL CHARACT OF THE DISTRICT, WHICH INCLUDE SEVERAL OLDER STRUCTURES WHICH ARE ENC CLOSE PROXIMITY TO PROPERTY LINES.

THE PROPOSED ADDITIONS AND EXISTING FENCE WILL NOT BE VISIBLE FROM PUBLIC RIGHT OF WAY.

SIX, APPLY THE OWNER OF THE PROPERTY, WHICH DUE UNIQUE CIRCUMSTANCES STEAL THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL OR ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT PROPERTY IS LOCATED.

THE BOARD FINDS THE SMALL NATURE OF THE PROPERTY MAKES IT NECESSARY TO EXPAND TOWARDS THE REAR PROPERTY LINE, WHICH IS BLEAK TO THE FRONT OF THE PROPERTY, GIVES IT PRESENT OF THE CREEK WAY AND A MOTION THERE A SECOND.

SECOND, UH, SECOND.

COMMISSIONER MAY, COMMISSIONER ZUNA, PLEASE LEAD TO DISCUSSION.

YES, I AM GONNA BE IN SUPPORT, UH, AS OBVIOUSLY I, I AMENDED THE VARI, THE VARIANCE VARIANCES WHO, UH, THE DEFENSE MATERIAL AND THEN THOSE VARIANCES NECESSARY TO, UH, EXTEND THE PRIMARY STRUCTURE.

AND I THINK THAT IS THE, UM, THE APPROPRIATE, UH, VARIANCES TO ALLOW THE PROJECT TO MOVE FORWARD BASED ON THE TESTIMONY THAT THE, UM, APPLICANT'S CONTRACTOR PRESENTED TO US.

COMMISSIONER MENA? UH, I CURRENT COVER WITH MY COLLEAGUE AND I THINK THIS IS BACK INTO A CREEK.

SO I, I REALLY, YOU KNOW, THINK THAT, THAT THEY CAN LEVERAGE OR UTILIZE OR UTILIZE THE YARD ALL TO THAT EXTENT.

SO I HAVE NO PROBLEM WITH THAT.

ALRIGHT, THANK YOU.

ARE THERE ANY OTHER COMMISSIONERS WOULD LIKE TO ADD TO THE DISCUSSION? HEARING NONE.

STAFF PLEASE TAKE A ROLL CALL.

MS. BECKMAN.

MR. ER I CONCUR.

MOTION PASSES UNANIMOUSLY.

MR. DOE? I CONCUR.

MR. ARNO? YES, I CONCUR.

CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT.

UH, MR. ENT PLEASE GET WITH STAFF AND I'LL EXPLAIN, UH, THE PROCEDURE MOVING FORWARD.

ALL RIGHT, NEXT CASE PLEASE.

[01:00:01]

AGENDA ITEM NUMBER SIX IS CASE B OH 8 2 1 1 0 3 7 5.

THESE SUBJECT PROPERTY LOCATED AT 24 14 SUZETTE AVENUE IN COUNCIL DISTRICT SIX, THE APPLICANT BEING FRANCISCO , HE REQUESTED FOR ONE A TWO FOOT SIX AREA FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE TWO FEET SIX INCHES AWAY FROM THE SIDE PROPERTY LINE.

TWO, A NINE FOOT NINE INCH VARIANCE

[6. 21-4986 BOA-21-10300075]

FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW THE CARPORT TO BE THREE INCHES, UM, FROM THE FRONT PROPERTY LINE.

THREE A FOUR FOOT, 11 INCH VARIANCE FROM THE MINIMUM SIDE SETBACK TO ALLOW, UM, A ONE INCH SIDE SETBACK FOR AN ATTACHED STRUCTURE.

AND THREE, A 40% VARIANCE FROM THE 50% LIMIT FOR FRONT YARD AND BURG COVER TO ALLOW THE FRONT YARD COVER TO BE NINE TO BE 90%.

UM, AND FOUR AND 11 FOOT FIVE VARIANCE FROM MINIMUM 15 FOOT CLEAR VISION AREA TO ALLOW A, UM, ACCESS GATE WITH A THREE FOOT SEVENISH CLEAR VISION, UM, DISTANCE.

THE SUBJECT PROPERTY IS, IS ZONED R SIX SINGLE FAMILY.

THERE IS A SINGLE FAMILY STRUCTURE ON THE PROPERTY.

CURRENTLY THERE IS A LARGE CARPORT IN THE FRONT OF THE RESIDENCE, WHICH MEASURES ABOUT 40 FEET WIDE AND 25 FEET DEEP.

IT DOES APPROACH INTO THE SIDE AND FRONT SETBACKS, UM, BY TWO FEET, SIX INCHES AND NINE FEET, NINE INCHES RESPECTIVELY.

THE CONCRETE SLAB UNDERNEATH THE CARPORT, UM, HAS EXCEEDED AT 50% IMPERVIOUS COVER LIMIT.

UM, SO WE DID NOTICE THAT UPON THE SITE VISIT AND ADDED THAT TO THE REQUEST.

UM, THE MINIMUM DISTANCE FOR CLEAR VISION IS 15 FEET.

UM, ALSO WAS OBSERVED UPON SITE VISIT AND, UM, THEY DID ALSO CONSTRUCT A STRUCTURE ATTACHED TO THE SIDE OF THE HOME, UM, UM, WHICH IS ONE INCH FROM THE THE PROPERTY.

THE SIDE PROPERTY LINE HERE IS A COPY OF THE SITE PLAN AND HERE IS THE SUBJECT PROPERTY.

AND THERE YOU CAN SEE THAT SIDE STRUCTURE.

THE DISTANCE TO THE SIDE SETBACK ARE IN THE SURROUNDING AREA.

SO WE HAVE A FEW RECOMMENDATIONS FOR THIS.

SO THE RECOMMENDATION FOR THE SIDE SETBACK FOR THE CARPORT OF STAFF RECOMMENDS DENIAL OF THE O 8 21, 1 0 3 0 0 7 5 BASED ON THE FOLLOWING FINDINGS OF FACT.

ONE, THERE'S ADEQUATE BASE FOR VEHICULAR PARKING WITH THE CARPORT HAVING A FIVE FOOT SIDE SETBACK.

AND TWO, THE ADJUSTED BASE OF THE CARPORT WOULD BE THREE SEVEN FEET, SIX INCHES.

THE RECOMMENDATION FOR THE ATTACHED PATIO STRUCTURE STAFF RECOMMENDS DENIAL AND ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE TO THE MINIMUM SIDE SETBACK, UM, TO ALLOW THE ATTACHED STRUCTURE TO THREE FEET FROM THE SIDE PROPERTY LINE.

THIS IS BASED ON, UH, ONE, THE ATTACHED STRUCTURE IS CURRENTLY ONE INCH FROM THE SIDE PROPERTY LINE AND POSES A FIRE HAZARD.

THE FRONT RECOMMENDATION FOR THE FRONT SETBACK, UH, SECOND ONE'S DENIAL, IS AN ALTERNATE RECOMMENDATION OF THE FIVE FOOT VARIANCE, UM, TO ALLOW THE CARPORT TO BE FIVE FEET AWAY FROM THE FRONT PROPERTY LINE.

AND THIS IS BASED ON ONE, THE ADJUSTED DEPTH DEPTH OF CARPORT WILL BE 20 FEET, WHICH WILL FIT THE LENGTH OF THE VEHICLES.

AND TWO, THE FRONT SIDE BACK OF FIVE FEET WILL REDUCE AN IMPACT TO THE DRIVEWAY APPROACH FOR THE IMPERVIOUS COVER.

STAFF RECOMMENDS APPROVAL BASED ON ONE, THE IMPERVIOUS COVER WILL NOT SUBSTANTIALLY ADJACENT PROPERTIES.

AND TWO, THE IMPERVIOUS COVER IS PROBABLY LIMITED TO 90% OF THE FRONT YARD.

FOR CLEAR VISION.

STAFF RECOMMENDS APPROVAL, UH, BASED ON ONE, THE PREDOMINANTLY OPEN FENCING WILL PROVIDE ADEQUATE CLEAR VISION FOR THE PROPERTY.

AND TWO, THE GATE REMAIN ON THE ROLLING TRACK, WHICH DOES NOT IMPOSE, UH, FURTHER VISUAL ISSUES.

STAFF MAILED 17 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET.

ONE IS A TURN IN FAVOR, NONE IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE HIGHLAND PARK NEIGHBORHOOD ASSOCIATION.

UH, THE APPLICANT'S, UH, MR. LE IS HERE.

BEFORE WE TURN THIS OVER TO THE APPLICANT, I JUST WANTED TO ASK, UM, YOU WERE SAYING THAT THERE WAS A 90%, UH, IMPERVIOUS COVER ON THE FRONT.

YOU'RE SAYING THAT'S WHAT IT IS, CORRECT? IT IS.

THAT'S WHAT IT'S NOW, YEAH.

SO WE CAN BRING PLEASE.

[01:05:25]

GOOD AFTERNOON, MY NAME IS FRANCISCO AND I'M THE OWNER OF THE PROPERTY.

CAN YOU PLEASE STATE HIS ADDRESS FOR THE RECORD, PLEASE? UH, SUNSET AVENUE.

MY ADDRESS IS 24 14 SUNSET AVENUE.

AND FOR THE INTERPRETER, CAN YOU PLEASE, UM, ASK THE APPLICANT, UH, AND EXPLAIN THAT WE HAVE NINE MEMBERS PRESENT AND CURRENTLY WITH A, UH, RECOMMENDATION OF DENIAL BY STAFF.

IF ONE MEMBER, UH, VOTES NO, YOU KNOW, IT WILL NOT PASS.

AND IF, AND IF YOU REQUEST, HE CAN ASK FOR A CONTINUANCE, YOU KNOW, IN IN HOPES IT'D BE MORE MEMBERS PRESENT.

UM, IS THERE A COMMISSIONER WHO WOULD LIKE TO WITH STAFF? IS THE, UH, 16TH AVAILABLE? SO JUST KEEP IN MIND, WE HAVE A FULL VOTE OF CASES ALREADY.

WE'VE ALREADY CONTINUED ONE.

WE'LL HAVE TO CONTINUE ANOTHER.

AND THEN WE'VE HAD DISCUSSION ABOUT HAVING A SPECIAL MEETING IN SEPTEMBER.

SO, UM, THE CHOICES WILL BE AUGUST 16TH, UM, WHICH MEANS THAT IF WE CAN ONLY KEEP IT AT A MAXIMUM OF 10 CASES, UH, IF THAT'S THE BOARD CAPACITY, WE'LL HAVE TO BUMP ONE.

BUT WE'VE ALREADY, NO, ACTUALLY WE CAN'T BUMP ANY, WE'VE ALREADY ADVERTISED.

SO MAYBE WE SHOOT FOR THE SEPTEMBER MEETING.

SEPTEMBER 13TH, TITLE MEETING? NO, WE HAVEN'T CALLED FOR THAT YET.

SO WE'D HAVE TO BE THE NORMAL MEETING, WHICH WOULD BE SEPTEMBER 20TH.

SO FOR COMMISSION, COMMISSION LEFT TO MAKE A MOTION.

SEPTEMBER 20TH WOULD BE THE DAYNA AND SEPTEMBER 20TH, IS THAT? YES.

BANA.

UH, I MAKE A MOTION THAT, UH, FOR CASE BO A 2 1, 1 0 3 0 0 0 7 5.

THAT WE POSTPONE, UH, UH, THAT DISCUSSION APPEAL SEPTEMBER 16TH.

IS THERE A SECOND? SECOND.

COMMISSIONER MENCHACA, I'LL GIVE YOU A SECOND.

STAFF, PLEASE TAKE A ROLL CALL.

VOTE.

MR. MENCHACA APPROVE MS. UM, WITH ONE CORRECTION.

I THINK THEIR DATE IS SEPTEMBER 20.

IS THAT CORRECT? BECAUSE HE SAID SEPTEMBER 16TH.

THAT'S WHY I, I'M DOUBLE CHECKING.

OKAY, THEN I CONCUR.

MR. SO JUST CLARIFY, USE THE RIGHT DATE.

IS THAT CORRECT? WE'LL MAKE SURE THE MOTION REFLECTS SEPTEMBER 20TH.

I APOLOGIZE.

UH, I CONCUR WITH SEPTEMBER 20TH.

THANK YOU, MS. BRAGMAN.

YES, I AGREE.

MR. ER? YES.

MR. CHAIR? YES, I AGREE.

MR. I AGREE.

MR. ZUNO, SECONDARY CHAIR, ORIAN? UH, YES AS WELL.

MOTION, UH, MOTION PASSES.

THIS CASE CONTINUED TO SEPTEMBER 20TH.

PROPERTY IS LOCATED ON NEAR FAIRVIEW AVENUE.

AND IF PLEASE GET WITH STAFF, THEY CAN EXPLAIN THE PROCESS AND, AND WHAT TO DO.

ALRIGHT, LET'S HEAR THE NEXT CASE.

ITEM SEVEN, PLEASE.

GEN GEN.

ITEM NUMBER SEVEN IS CASE BO 8 21 103 0 0 79.

PROPERTY LOCATED IS LOCATED AT TWO 16 FAIRVIEW AVENUE IN COUNCIL DISTRICT THREE.

THE APPLICANT IS CATALINA CHAR.

THE REQUEST IS FOR ONE SPECIAL EXCEPTION FROM THE MINIMUM THREE FOOT AND HEIGHT, UH, LIMIT TO ALLOW A FRONT YARD, SOLID GREEN FENCE TO BE SIX FEET TALL AND TWO, A SPECIAL EXCEPTION FROM THE MAXIMUM SIX FEET FENCE HEIGHT LIMIT TO ALLOW A PORTION OF A SIDEY YARD FENCE TO BE EIGHT FEET TALL.

THE ZONING OF THE PROPERTY IS OUR SIX SINGLE FAMILY SUBJECT

[7. 21-4987 BOA-21-10300079]

AND, UM, THERE'S A SINGLE FAMILY LOCATED OR CONSTRUCTED ON THE PROPERTY.

UM, THEY'RE REQUESTING THE SPECIAL EXCEPTION TO ALLOW THE FRONT YARD FENCE TO BE SIX FEET TALL.

UM, UPON THE SIDE VISIT, WE DID NOTICE THERE WAS A PORTION OF THE SIDE YARD FENCE, UM, IN THE REAR THAT IS SEEN SIX FOOT LIMITS.

UM, SO WE INCLUDE THAT AS WELL.

UH, THE FRONT YARD FENCE WAS BUILT ENCROACHING TO THE CLEAR VISION AREA, BUT WE DID CONFIRM WITH THE APPLICANT THAT, YOU

[01:10:01]

KNOW, FINITELY BE SUPPORTIVE OF THE ENCROACHMENT SO THAT SHE DID CONFIRM THAT SHE WOULD BE CUTTING IT BACK, UM, AND THE TRAFFIC STAFF DIDN'T HAVE ANY ISSUES WITH THAT.

HERE'S A COPY OF THE, UH, SITE PLAN.

HERE'S THE SUBJECT PROPERTY, UM, SHOWING THE FRONT YARD FENCE ALONG THAT RIGHT, THAT RIGHT SIDE.

AND THAT IS THE PORTION OF THE FENCE THAT IS EXCEEDING AT SIX, SIX FEET.

HERE IS THIS SURROUND AREA.

STAFF RECOMMENDS APPROVAL IN BO O 8 21, 1 0 3 0 0 7 9 BASED ON FALLEN FINDINGS OF ACT ONE.

THE FRONT YARD FENCE DOES NOT VIOLATE A CLEAR VISION STANDARDS.

TWO, THE FRONT YARD FENCE DID NOT HAVE CHARGER OF THE NEIGHBORHOOD.

AND THREE, THE FENCE IN THE REAR YARD IS SEPARATE FROM THE FENCE ALONG THE PROPERTY LINE.

STAFF GO, UH, STAFF MALE, UH, NOTICES TWO PROPERTY OWNERS WITHIN TWO IN FEET.

THREE RETURN IN FAVOR, NONE IN OPPOSITION, AND THERE IS NO RESPONSE FROM THE RIVERSIDE NEIGHBORHOOD ASSOCIATION.

UH, BEFORE YOU, UH, STOP YOUR PRESENTATION, CAN YOU GO BACK TO THE PICTURE AND, AND CLARIFY THE PROPERTY.

AND YOU HAD MENTIONED A FENCE THAT WAS SIX FEET TALL, BUT THE ONE YOU SHOWED TO HIM, JORDAN, THAT, SO DO YOU WANNA OH, I SEE IT NOW.

I'M SORRY.

STILL AT THE CHANNEL.

WE'LL, UH, BRING UP LINA ROCHA.

IF YOU JUST HAVE A VIDEO, WE CAN TRY PLAYING IT.

UM, FIRST, AND IF AUDIO'S NOT ALLOWED ENOUGH FOR YOU GUYS, THEN WE CAN, OR YOU ALL, THEN WE CAN, UH, HAVE HER READ HER SCRIPT OVER THE VIDEO APPLICANT PROVIDE A VIDEO.

GOOD AFTERNOON.

A VIDEO WORKS WELL, THEY'RE GONNA GET TO WORK ON IT.

CAN WE PLEASE HAVE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE? MY NAME IS LINARO, THE HOMEOWNER 16.

FANTASTIC.

UH, WOULD YOU, IS THE VIDEO SOMETHING YOU WANTED PLAYED WHILE YOU PRESENT OR BEFORE OR AFTER? YES.

UH, YES.

I, I WAS, THIS IS WHAT, I HAVE A SCRIPT HERE WHERE, WHERE I DID ON THE VIDEO.

I CAN READ IT.

OKAYS.

UH, WHAT DO YOU THINK ABOUT THE VIDEO? HOW DOES IT COME ALONG? I'M SO NERVOUS, BUT, OKAY.

DON'T BE NERVOUS, .

OKAY, MS. ROCHE, IT LOOKS LIKE THEY GOT IT WORKING.

THANK IT WAS NOT THIS INDIVIDUAL.

MANY NIGHTS THEY WOULD WAKE ME UP BECAUSE OF THEIR LOUD MUSIC PLAYING AND MONEY.

THE REASON THEY PARKED HERE WAS BECAUSE THE NEIGHBOR HAD HIS CAMERA FACING MY PARKING SPACE INSTEAD OF THEIR OWN POLICE.

MADE THE IMPRESSION I HAD MANY KIDS COMING IN AND OUT WHEN IN FACT, WERE THERE TO SEE HIM.

THE INDIVIDUAL CAME TO SEE HIM, WOULD CONSTANTLY LEAN ON MY FENCE AND ASKED IF I KNEW WHEN THE INDIVIDUAL WOULD ARRIVE.

MANY TIMES I HAD NO IDEA OF WHO THESE INDIVIDUALS WERE, SO I CALLED THE POLICE BECAUSE THEY WOULD SIT IN FRONT OF MY HOUSE.

IT SCARED ME BECAUSE THEY DIDN'T LOOK LIKE FRONT OF ME.

INDIVIDUALS, THEY WOULD STATE TO THE POLICE OFFICER THAT THE NEIGHBOR RECORDED.

THEY WAIT IN FRONT OF MY HOUSE FOR HIS

[01:15:01]

ARRIVAL.

ONCE THE NEIGHBOR WOULD FIND OUT, WE CALLED THE COPS, THEY WOULD LEAN OVER MY FENCE AND YELL OUT PROFANITY AT ME.

THIS CLIP OF THE NEIGHBOR CONSTANTLY RELEASING HIS PIT, WHEN HE MOWS MY GUESTS OR I IN MY YARD, IT WAS RUNNING FROM MY GUESTS.

AND I, THE NEIGHBOR WOULD NEVER TO RUN UP AND MY PROPERTY WITHOUT PERMISSION.

THE FEMALE RESIDENT WOULD OFTEN COME OUT WITH HER LAWN MOWER, MOW MY PROPERTY AFTER BEING TOLD NOT TO.

THIS ENDLESS ORDEAL WOULD UN UNUSUALLY MASK UP TO 35 MINUTES OF HER MOWING HER DIRT DRIVEWAY AND HAVING DIRT WENT TOWARDS ME AND MY GUESTS.

COUNTLESS OF THEIR FAMILY MEMBERS WILL PARK IN FRONT OF MY HOUSE AND COME GREAT WITH LOUD MUSIC BLASTING.

THIS BECAME EXHAUSTING.

MY HOME SHOULD BE A PLACE TO FEEL SAFE AND PEACEFUL.

IT WAS FAR FROM THAT.

I OFTEN FELT LIKE A NIGHTMARE.

MANY TIMES I GIVE COMING HOME AND FACING THESE INCIDENTS AND INDIVIDUALS.

ONCE THE HOUSE WAS BROUGHT, I WAS EXCITED TO SEE WHAT THE FUTURE HELD.

IT WOULD SOON TURN OUT TO BE HORRIBLE BEGINNINGS.

THE NEW OWNER, MR. MORENO, ASKED ME TO REMOVE MY METAL GATE SO HE CAN ATTACH THE WOODEN PLATES TO THE OTHER SIDE.

I REFUSED BECAUSE IT WAS MY PRIVATE FENCE AND I DIDN'T WANT IT TO BE A DON GATE.

A WEEK LATER, HE GOT ALL BROOKS DUMP TRAILER AND THE DRIVER DAMAGE MY PROPERTY.

I HAVE TO SEEK HELP FROM A LAWYER, JAMES GERON MUST.

THAT ALSO WAS SENT TO THE COMPANY THAT SUGGESTED AS SUE MR. MORENO.

HE WAS NOT HAPPY ABOUT THIS.

AND SOME STARTED TERRORIZING ME.

MANY TIMES I WOULD COME OUT TO HIM BACKING MY DRIVEWAY.

ON JULY 30, 20, 20 20, I CALLED THE POLICE AND ONE OF HIS WORKERS BECAUSE THE INDIVIDUAL ATED ON ME AND LAUGHED ABOUT IT, IT FELT DIS CRAZY.

AND I WAS SHOCKED THAT SOMEONE COULD DO THAT TO AN INDIVIDUAL.

MY ISSUE WITH MR. MODERN WAS THAT HE STOP AT NOTHING TO DRIVE AND REMOVE MY METAL GATE.

HE AND ONE OF HIS WORKERS USING THE JIGSAW TO CUT THE METAL FENCE OFF.

THIS IS AN INCIDENT THAT LED HIM TO THE CITY AND ME SEEKING HELP IN KEEPING A PART OF MY FENCE.

I NEED YOUR APPROVAL TO KEEP MY SIX FOOT FENCE IN THE FRONT.

ALSO FOR A PORTION OF MY BACKYARD TO HAVE EIGHT FOOT FENCE WITHOUT THE EIGHT FOOT FENCE IN THE BACKYARD, I WOULD'VE NO SPACE FOR PRIVACY.

SINCE THE BED WAS BUILT OVER SIX FEET TALL AND EXPOSED ALL MY BACKYARD TO HIS NECK, THIS YOUNGMAN USED THE DEAD TO TAKE PICTURES OF MY LICENSE PLATE.

I HAVE NO IDEA WHO HE IS AND WHAT HE NEEDED MY PLATE NUMBER FOR ANOTHER IS THE DEATH TO TAKE VIDEOS OF MY BACKYARD.

AND IT MADE ME FEEL VULNERABLE AND I UNSAFE.

BOTH INCIDENTS ARE REPORTED TO THE POLICE.

WITH THIS APPROVED, I CAN FINALLY ENJOY MY RETIREMENT.

I'LL BE ABLE TO RELAX AND HAVE PEACE WITHOUT ANYONE WATCHING OR HARASSING ME.

SINCE THE FENCE WAS BUILT, I NO LONGER GET CARS OR INDIVIDUALS IN FRONT OF MY HOUSE.

I FINALLY ACHIEVE PRIVACY AND PEACE AND WISH TO CONTINUE LIVING IN PEACE AND HAPPINESS.

I WANNA THANK YOU FOR YOUR TIME AND CONSIDERATION.

ALRIGHT, UH, THANK YOU VERY MUCH.

IS THERE ANYTHING YOU'D LIKE TO ADD TO THE VIDEO? UH, NO.

IS THERE A, WAS THERE ANY, UH, WE SAW TWO, UH, CHECK MARK.

IS THERE ANY, ANYTHING SUBMITTED, UH, TO LOOK AT FROM THE PUBLIC? NO, THAT WAS IT.

IS THERE ANY COMMISSIONER QUESTIONS? ALL RIGHT.

HEARING ON, UH, MR. RICHARD, YOU COULD PLEASE TAKE A SEAT.

UH, WE'RE GONNA GO AHEAD AND DELIBERATE AND WE'LL LET YOU KNOW HOW IT TURNS OUT.

THANK, THANK YOU.

OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN A UNNECESSARY HARDSHIP.

UH, SIR, UH, COMMISSIONER WOULD LIKE TO MAKE A MOTION ON THIS CASE MENA, REGARDING CASE NUMBER BO O A TWO ON 1 0 3 0 0 0 7 9.

I MOVED AT THE BOARD OF ADJUSTMENT BRANCH ONE, A SPECIAL EXCEPTION FOR THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A FRONT YARD SOLID SCREEN FENCE TO BE SIX FOOT TALL.

AND TWO, A SPECIAL EXCEPTION FOR THE MAX FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW A PORTION OF THE SIDE YARD FENCE TO BE EIGHT FOOT TALL, SITUATED AT TWO 16 FAIRVIEW, UH, FAIRVIEW AVENUE AFTER BEING LINA, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED, UH, SHOW THAT THE PHYSICAL CARE FOR THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF PROVISIONS OF THE,

[01:20:07]

SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.

THE BOARD FINDS THAT THE ADDITIONAL FENCE SITE ALONG THE FRONT PROPERTY LINE AND A PORTION OF THE SIDE PROPERTY LINE IS INTENDED TO PROVIDE ADDITIONAL SAFETY AND SECURITY FOR THE PROPERTY.

D C TRAFFIC HAS REVIEWED THE REQUEST AND, UH, DO NOT HAVE ANY OPPOSITION TO THE REQUEST.

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.

A SIX FOOT SOLID SCREEN FENCE ALONG THE FRONT YARD DOES NOT POSE ANY ADVERSE EFFECTS TO THE PUBLIC WELFARE.

SINCE THERE WILL NOT BE ANY CLEAR VISION VIOLATIONS.

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

THE BOARD FINDS THAT THE FENCE WILL GREAT IN HAND SECURITY FOR THE SUBJECT PROPERTY AND IS UNLIKELY TO INJURE ADJACENT PROPERTIES.

THE, THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION SOUGHT THE ADDITIONAL HEIGHT FOR THE SECTION FENCE, UH, FRONT YARD, FRONT YARD, AND SIDE YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND WILL PROVIDE SECURITY FOR THE DISTRICT.

UM, D S D TRAFFIC STAFF DID REVIEW DEFENSE AND DOES NOT VIOLATE ANY CLEAR VISION STANDARDS.

E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT.

THE CURRENT ZONING PERMITS, THE CURRENT USE OF A SINGLE FAMILY HOME, THE REQUEST, THE SPECIAL EXCEPTION, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT.

END OF MOTION.

THANK YOU COMMISSIONER BRAGMAN.

IS THERE A SECOND? SECOND, SECOND.

UH, COMMISSIONER BAGMAN HAS A SECOND, UH, COMMISSIONER MANANA? UM, YES, I WILL BE VOTING IN FAVOR OF THIS MOTION AS READ.

UM, I THINK, YOU KNOW, WITH ALL THE POSITIONS OF D S D TRAFFIC STAFF SAYING, UH, NO VIOLATIONS OF CLEAR VISION STANDARDS, UM, AND JUST THE, THE, UM, THE NOTION THAT GOOD DEFENSES MAKE GOOD NEIGHBORS OR TRY TO MAKE NEIGHBORS SO HEALTHY VOTING IN FAVOR.

I CONCUR WITH MY COLLEAGUE AND I'LL BE IN BOARD OF MOTION.

ALL RIGHT, THANK YOU.

ANY FURTHER? THIS COMMISSIONER MINKA, I HAVE A CONCERN ABOUT AN ISSUE ON THE FRONT FENCE , ESPECIALLY FOR, UH, ANYBODY BEING ENCLOSED DEFENSE THAT THE POLICE CANNOT SEE AND, AND SHE CANNOT SEE, UH, FOR QUICK RESPONSE OF SUPPORT.

I'M SURE SOMETHING WOULD HAPPEN.

DEFENSE WILL BE PLOWED DOWN BY THE FIRE DEPARTMENT OR SOMEBODY ELSE TRYING GET IN TO HELP YOU AS OPPOSED TO FOR YOUR SAFETY GOVERNING THOSE PEOPLE.

I'M SURE YOU'RE HAVING NOW POLICE ISSUES, BUT, UH, THE SIX FOOT FENCE, I'M JUST CONCERNED ABOUT IT.

THAT'S YOUR SAFETY, I UNDERSTAND.

BUT I HAVE A CONCERN THAT MAYBE YOU'D BE BLOCKING YOURSELF IN AND SOME PEOPLE YOURSELF IN WITH BURGLAR.

UH, ANY OTHER COMMISSIONER COMMENTARY? I HAVE A QUESTION.

STAFF, CAN YOU, UH, JUST PLEASE BRING UP A PICTURE FROM THE FRONT OF THE HOME SO WE CAN LOOK AT THE SIX FOOT FENCE BEING REQUESTED.

AND SO THE REQUEST BEFORE US IS THAT THERE'S ALREADY A WOOD FENCE THAT COMES DOWN THE SIDE, BUT THAT CHAIN LIKE IS GONNA BE REPLACED WITH THE WOOD FENCE.

IS THAT CORRECT? SO THE CHAIN LINK IS OUTSIDE OF THE FENCE.

UM, LIKE TO THE RIGHT OF THE WOODEN FENCE, I DON'T KNOW IF SHE'S TAKING DOWN THE CHAIN LINK FENCE, BUT, UM, KEEP IN MIND SHE'S CUTTING IT BACK.

THAT IS IN VIOLATION OF THE CLEAR VISION STANDARDS THAT SHE'S GONNA BE CUTTING IT BACK, UM, TO MEET THE CODE IN REGARDS TO THAT.

UM, I'M GONNA TAKE A PAUSE AND, UH, REOPEN THE PUBLIC HEARING.

I HAVE A, I JUST HAVE AN ADDITIONAL QUESTION.

UH, MS. ROCHA, UH, CAN YOU PLEASE COME UP TO THE PODIUM? YES.

SO I JUST WANNA MAKE SURE ALL THE COMMISSIONERS ARE AWARE OF WHAT IS BEING, UM, UM, ASKED OF US.

UH, COMMISSIONER MIN CHACO RAISED A POINT ABOUT A SAFETY CONCERN BY HAVING SCREEN FANS ACROSS THE FRONT.

UH, WHEN I SAW THE PICTURES, I SAW A CHAIN LINK AND I SAW THE SCREEN FENCE ON THE SIDE.

UH, IS YOUR GOAL TO TAKE DOWN THE CHAIN LINK FENCE AND THEN BUILD A WOOD FENCE FURTHER BACK IN YOUR FRONT YARD? UH, I REALLY DIDN'T WANNA TAKE THE CHAIN LINK DOWN BECAUSE I FEEL LIKE I, I HAD TO BUILD IT IN A HURRY BECAUSE OF THE N YOU KNOW, THEY WEREN'T VERY NICE.

UH, I WAS HOPING TO GET, GET IT ALL THE WAY UP TO THE PORCH AT LEAST SIX FEET AND TAKE THE REST OFF, AND THEY JUST SAY THE THING.

SO YOUR GOAL WAS TO FENCING, BUT YOU'RE FENCING IN YOUR PORCH THEN? YEP.

UH, I WANTED TO SEE IF I COULD KEEP IT UP TO THE PORCH SIZE.

THE MOTION WAS READ THAT THERE WAS GOING TO BE A SCREEN FENCE ALONG THE FRONT, AND MR. COMMISSIONER MIN SHAKA HAD MENTIONED THAT THAT WOULD OBSTRUCT YOU FROM THE STREET LOOKING AT, YOU KNOW, FOR SAFETY.

SO I WANTED A CLARIFICATION FROM THE APPLICANT, UH, ABOUT THE SPECIFIC REQUEST.

IT SOUNDS LIKE THE, TO US MM-HMM.

, YOUR REQUEST IS TO BUILD, UH, LIKE A SIX FOOT FENCE IN YOUR FRONT YARD.

I, I, I WAS GOING, UH, I WAS WONDERING IF I COULD BUILD LIKE A NEIGHBORS NEXT DOOR.

THEY HAVE A ARM FENCE LIKE THAT, BUT THEN THEY, UH,

[01:25:01]

NO.

SO I WAS JUST GONNA KEEP THE CHAIN LINK.

SO IT IS GONNA BE A PREDOMINANTLY OPEN FENCE.

SO THAT'S, THAT'S WHAT I WAS CONFUSED ABOUT, BECAUSE IN THE, THE MOTION THAT IT RAISES AS THE SCREEN FENCES ALONG THE FRONT, WELL, IT'S IN THE FRONT YARD.

SO, SO WHAT YOU SEE ON THE SCREEN ON THE SIDE, THAT SIDE FENCE, THAT SIX FOOT SIDE FENCE, THAT'S THE FRONT YARD.

BUT YEAH, BUT SHE'S NOT BUILDING A FENCE THAT'S PARALLEL WITH THE STREET.

SHE'S JUST, SHE WANTS TO, YOU WANNA KEY WHAT YOU SEE ON THE PHOTO, CORRECT? YES.

THAT'S WHAT SHE WANTS.

WHAT YOU SEE ON THE PHOTO IS WHAT IS BEING REQUESTED TODAY.

SHE'S NOT LOOKING TO CHANGE THE CHAIN LINK FENCE TO HAVE ANOTHER SOLID GREEN FENCE BUILT.

AND THAT, THAT, THAT SUMS THAT UP.

SO AT THIS TIME, I'M GONNA CLOSE THE PUBLIC HEARING AND GO BACK, UH, TO, TO THE MOTION.

AND, AND I WOULD, UH, I WOULD LIKE TO MAKE THE, UM, COMMISSIONER MANN, ARE YOU WILLING TO, UH, RE-CLARIFY THAT THAT, UH, FRONT FENCING IS NOT THE RUN PARALLEL OF THE STREET? YES.

UH, WE'LL GO AHEAD AND ADD ONTO THAT, THAT THE, THE DEFENSE THAT PARALLELS THE STREET, UH, IS TO REMAIN PREDOMINANTLY OPEN.

AND, UM, AND THAT I THINK SUFFICE.

AND THE SECOND ON THAT WAS, UH, COMMISSIONER RAGMAN.

IS THAT ACCEPTABLE? YES.

UH, SO WE'RE BACK TO COMMISSIONER DISCUSSION.

COMMISSIONER CHA, YOU FEEL LIKE THIS ADDRESSES YOUR, YOUR ISSUE? YES, SIR.

UH, THANK YOU FOR CLARIFYING THAT FOR VERY GOOD.

THANK YOU FOR BRINGING UP.

IS THERE MORE COMMENTARY? NO HEARING, NO STAFF CALL VOTE PLEASE, MR. AKA I CONCUR.

MS. CRUZ? YES, I CONCUR.

MR. MANNA.

MS. WYN, I CONCUR WITH THE FINDINGS OF FACT.

MR. ER I CONCUR.

MS. CHER? YES, I CONCUR.

MR. DUCK.

MR. UNA? YES.

I CONCUR WITH FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT.

UH, CONGRATULATIONS.

YOUR MOTION, MOTION PASSES.

IF YOU, UH, MS. RICH, IF YOU COULD PLEASE GET WITH STAFF, UH, THEY'LL EXPLAIN, UH, WHAT TO DO MOVING FORWARD.

UH, AT THIS TIME, I'M GONNA CALL FOR A FIVE MINUTE BREAK.

UH, WE WILL RECONVENE.

I'M GONNA SAY 2 48.

UH, THE TIME IS TWO 50.

WE'RE GONNA CALL THE MEETING BACK TO ORDER, UH, STAFF, WE'RE GOING TO, UH, THE NEXT CASE BEFORE US IS ITEM NUMBER EIGHT.

FOR A 13 FOOT VARIANCE FROM THE MINIMUM 15 FOOT TYPE B AND C BUFFER YARDS TO ALLOW A TWO, TWO FOOT TYPE B AND C BUFFER.

ITEM NUMBER EIGHT IS CASE BO O A 21 103 0 89.

SUBJECT PROPERTY IS LOCATED AT 3,200 FREDERICKSBURG ROAD, LOCATED IN COUNCIL DISTRICT ONE.

THE APPLICANT, UH, IS DAVID BAYER, AND THE REQUEST IS FOR A,

[8. 21-4988 BOA-21-10300089]

THE ZONING OF THE PROPERTY IS C TWO COMMERCIAL DISTRICT AND C THREE AND A, UH, GENERAL COMMERCIAL NON-ALCOHOLIC SALES.

SUBJECT PROPERTY IS LOCATED AT THE CORNER OF FREDERICKSBURG ROAD AND FRESNO STREET.

UM, IT IS ZONED C TWO AND C THREE AND A AND IS ING RESIDENTIAL ZONED PROPERTY.

UM, BECAUSE IT BETS THE RESIDENTIAL ZONED PROPERTY, IT DOES, UH, IMPOSE A 15 FOOT LANDSCAPE BUFFER, UH, TO THE COMMERCIAL PROPERTY.

THEY'RE REQUESTING TO REDUCE THAT LANDSCAPE BUFFER IN ORDER TO PROVIDE PARKING, UM, OFF STREET PARKING.

SO, UH, O H P DROPPED PROBATION DID REVIEW THE CASE, UM, BECAUSE THEY'RE PROPOSING TO AISH THE BUILDING.

HERE IS AN IMAGE OF THEIR SITE PLAN, UM, SHOWING THE REDUCED LANDSCAPE BUFFER.

HERE'S A SUBJECT PROPERTY, AND THIS IS THE PROPERTY THAT'S ABIDING THE RESIDENTIAL ZONED

[01:30:01]

PROPERTY AND THE SURROUNDING AREA STAFF RECOMMENDS APPROVAL AND BO O 8 21, 1 0 3 0 0 8 9 BASED ON THE FOLLOWING FINDINGS OF THE FACT, ONE, REDUCING THE LANDSCAPE BUFFER, TWO FEET WILL PROVIDE ADEQUATE SPACE FOR OFF STREET PARKING.

AND TWO, THE PARKING WILL PROVIDE SEPARATION BETWEEN, UH, RESIDENTIAL STRUCTURES AND COMMERCIAL STRUCTURES.

STAFF MAILED, UH, NOTICES TO PROPERTY OWNERS WITHIN 200 FEET.

30 NOTICES, SORRY.

UM, TWO RETURN IN FAVOR.

NONE IN OPPOSITION.

AND THERE WAS NO RESPONSE FROM THE LOS ANGELES NEIGHBOR HEIGHT NEIGHBORHOOD ASSOCIATION.

AND THAT WILL TURN OVER TO AGAIN BEFORE YOU GO, UM, UH, ON YOUR PRESENTATION, YOU HAD MENTIONED, UM, THE DROPPING BUFFER DOWN TO TWO FEET, BUT THEN THE AGENDA, IT SAYS ONE INCH.

UH, CAN YOU PLEASE CLARIFY, UH, WHAT'S BEING ASKED? IT WAS ORIGINALLY ONE INCH AND THEN THEY ADJUSTED IT TO TWO FEET.

MM-HMM.

, I HAVE A QUESTION TOO, ALSO.

I'M SORRY.

SO MAYBE, SO THE, THE PROPERTY THAT YOU'RE TALKING ABOUT PROVIDE THE BUFFER ON THE PITCHER, CAN YOU IDENTIFY WHERE THAT IS THAT YOU'RE TALKING ABOUT? DO WE HAVE THE LASER POINTER UP THERE? OKAY.

IT'S NOT WORKING RIGHT NOW.

UM, BUT THE, SO THE TWO FEET IS MEASURED AT THE SMALLEST PORTION, UM, ALONG THAT WHERE THE MOUSE IS LOCATED? YEAH.

SO THE ENTIRE PERIMETER THEN IS WHAT THE, SEEKING THE TWO FOOT FIVE THEN? WELL, YOU JUST MEASURE FROM THE SMALLEST, UM, PORTION.

SO THERE'S VARYING, VARYING WIDTHS OF THE LANDSCAPE FOR MM-HMM.

GOOD AFTERNOON.

UH, MY NAME IS KEVIN MCCLELLAN.

I'M WITH MARON MOCK ARCHITECTURE.

I'M IN, UH, IN PLACE OF, UH, DAVID BUYER, THE APPLICANT THROUGHOUT THE STUDIO.

UH, UNFORTUNATELY HE'S NOT ABLE TO MAKE IT HERE TODAY BECAUSE HE HAD, UH, UH, TO DEPOSIT FOR.

SO, UM, THANK YOU VERY MUCH FOR LISTENING TO THIS CASE.

THANK YOU VERY MUCH FOR LISTENING TO, UH, LISTENING TO THIS CASE AND, AND HAVING US HERE.

AND THANK YOU VERY MUCH FOR THE RECOMMENDATION TO, TO APPROVE.

UM, SO WE'RE SEEKING RELIEF, UH, FOR THE, PARDON THE APPLICANT'S ADDRESS.

THE ADDRESS IS 3,200, UH, FREDERICKSBURG ROAD.

IT'S ON THE CORNER OF FREDERICKSBURG ROAD BETWEEN FRESNO AND EDISON ROAD.

THAT THE BASE TO THE ZONING R FOUR, THAT IS ACTUALLY 14 FEET FOR THE PREDOMINANT LENGTH.

FINISH YOUR BREAK.

WE, WELL, WE, WE WERE ASKING FOR YOUR NAME AND ADDRESS.

OH, MY, MY NAME IS KEVIN MCCLELLAN WITH MARMAN MOCK ARCHITECTURE.

AND MY ADDRESS, MY BUSINESS ADDRESS OR HOME ADDRESS BUSINESS IS FINE.

UH, BUSINESS ADDRESS IS, UM, OH, YOU'RE CASH ME OFF GUARD.

UH, LET ME GET A BUSINESS CARD AND I'LL TELL YOU.

I THINK WE'RE OKAY, SIR.

YEAH, WE'LL BE FINE.

YEAH, WE HAVE IT ON YOUR, YOU DO, BUT IT'S KIND OF COVERED, UH, COVERED BY 134, BUT YES, IT'S THERE.

UM, SO I THANK YOU VERY MUCH FOR HAVING ME TODAY AND, UH, ALLOW ME TO PRESENT THIS TO YOU.

UM, I THINK THAT THE, OUR, OUR ARGUMENT IS THAT WE WILL BE IMPROVING, UH, THE CONDITIONS THAT ARE CURRENTLY THERE.

AND WE ASKED FOR RELIEF OF THE, OF THE VARIANCE BUFFER.

UM, IN A FEW CASES WE HAVE, UH, ACTUALLY AN ADJACENCY ALONG THE RESIDENTIAL THAT IS, UM, ALL, EVERYTHING AT EAST OF THE PROPERTY, NORTH OF THAT, UH, ING PROPERTY OF THE, THE PROPERTY TO THE NORTH AND THEN EAST OF THE, THE PARKING LOT.

AND THIS WAS A BIT OF A CHALLENGE TO DESIGN THIS, UH, LAYOUT, UM, WITH THE REQUIRED, UH, PARKING COUNT WITH THE GOAL OF HAVING A DRIVE THROUGH AND WITH PROVIDING, UM, THE, UH, TENANT AND, UH, A PRIMARY OWNER SPACES.

UH, SO WE ARE TRYING TO COMPLY AS BEST POSSIBLE WITH POSSIBLE WITH REGARDS TO THE BUFFER.

SO ON THE LOWER PORTION OF THE DRAWING THAT YOU CAN SEE

[01:35:01]

AND IT GETS WIDER AT THE LOWER HALF AND WIDER AT THE UPPER HALF.

THEN IT GOES DOWN TO THE TWO FOOT, ACTUALLY IT'S ABOUT THREE FOOT, AND THEN IT GOES TO THOSE ISLANDS THAT SIT ON THE PARKING LOT.

AND THE AVERAGE THERE, THE DEPTH IS ABOUT 20 FEET, EXCEPT FOR THE PARKING IS WE'RE PROPOSING TO PROVIDE A SECOND FENCE, NOT A PRIMARY FENCE.

WE'RE LEAVING ALL THE RESIDENTIAL FENCES THERE TWO FEET AWAY FROM THE RESIDENTIAL FENCES AT THE, UH, HIGHEST ALLOWABLE, UH, WHICH I BELIEVE IS EIGHT FEET FOR THE LENGTH OF THAT PERIMETER.

AND IT'S GOING TO BE AN UNPAID FENCE.

THE GOAL OF THAT FENCE IS TO BLOCK OUT NOISE AND LIGHT FROM GOING THROUGH TO THE ADJACENT PROPERTIES.

AND IT PROVIDES A TWO FOOT BUFFER ZONE WHERE WE CAN ACTUALLY COLLECT WATER AS IMPERVIOUS COVER, UH, PARDON ME, AS PER COVER.

SO WE'RE ADDING TO OUR, UH, PERVIOUS COUNT WE CURRENTLY HAVE ON THOSE TWO PROPERTIES, 90% IMPERVIOUS, UM, AS AVERAGED OUT FOR THE BOTH PROPERTIES OR THE COMBINED PROPERTY.

WHAT WE ARE, UH, PROPOSING HERE IS 75%, UH, OUS TO IMPERVIOUS.

SO WE'RE IMPROVING THE CONDITIONS.

UH, THE LANDSCAPE BUFFER IS ACTUALLY, WE'RE ABLE TO HAVE ALL THE PLANTING, UH, THAT'S REQUIRED BY CODE, UH, UH, FOR THE BUFFER REQUIREMENTS.

IT'S JUST DISTRIBUTED A LITTLE BIT DIFFERENTLY, NOT ALONG, UH, THAT EDGE.

UM, WE ARE MINIMIZING THE, THE OFF, UH, THE ON STREET PARKING BY PROVIDING THIS, THIS, UH, THIS, UH, UH, PARKING LOT.

AND, UM, I BELIEVE THAT'S, THAT'S THE EXTENT OF OUR, OF OUR PRESENTATION WE'RE WE FEEL THAT WE'RE BALANCING AND, UM, IN OUR GOAL BALANCING THE REQUIREMENTS FOR THIS COMMERCIAL DEVELOPMENT AND, UM, ADDRESSING THE, THE ADJACENCY CON, UH, CONDITIONS WITH A RESIDENTIAL LOT.

UH, ONE THING SHOULD BE MENTIONED, UM, AND IT MIGHT NOT BE CLEAR ON THIS PLAN, AND IF YOU COULD STEP BACK TO SOME OF THE IMAGES, PLEASE.

AS YOU CAN SEE, THE, THE EXISTING, UH, PROPERTY WITH BILL MILLER IS ENTIRELY PAVED, UH, FROM CORNER TO CORNER, SIDE TO SIDE.

IT'S A HUNDRED PERCENT IMPERVIOUS.

UM, AND WHAT WE'RE TRYING TO INTRODUCE IS A MUCH MORE GREEN SPACE, ESPECIALLY ALONG BURG IN ADDITION TO THE BUS ON THE, UH, EAST SIDE AND EAST SIDE.

UM, IF YOU WOULD GO TO THE OPEN, PLEASE, PLEASE.

UM, WE ALSO HAVE THE BENEFIT OF THE RESIDENTIAL LOTS, WHICH ARE GOING TO ABUT, UH, TO THE NORTH THIS, OF THIS PROPERTY.

QUITE A LOT OF SHADE TREES THAT ARE ACTUALLY SCREENING OFF THIS COMMERCIAL PROPERTY.

SO WE'RE VERY FORTUNATE IN THAT, THAT THERE'S SOME, UH, COVERAGE THERE, SOME, SOME COVERAGE THAT, THAT WORKS FOR OUR RENTED.

AND, UH, THAT'S ALL I HAVE.

THANK YOU VERY MUCH FOR YOUR TIME.

IF YOU HAVE ANY QUESTIONS, DO LET ME KNOW.

THAT'S, DOES ANYONE STAND UP TO SPEAK ITEM? NO.

UH, ARE THERE ANY COMMISSIONER QUESTIONS? NANA, MR. SURE.

NANA.

SO, UM, YEAH, SO IF WE GO BACK TO THE PICTURE THAT SHOWS THE, UH, THE SITE PLAN, UH, WITH THE THEORY GO.

PERFECT.

SO, SO I GUESS I'M CONFUSED A LITTLE BIT HERE WITH REGARDS TO, WE'RE, WE'RE TALKING ABOUT TWO FOOT, AND SO IS THE TWO FOOT REALLY JUST A NARROW STRIPP OF PROPERTY THAT WE'RE TALKING ABOUT, UH, IN FRONT OF THOSE PARKING, UH, STALLS THERE AND THEN ALSO ON THE NORTH SIDE? IS THAT REALLY THE ONLY PLACES WHERE WILL BE TWO FOOT? YES, SIR.

UM, I WISH I COULD, I COULD POINT TO IT, BUT I CAN WALK OUT THERE.

IT'S ALONG THE PARKING LOT WHERE SEND, UH, ZONING, UH, C HYPHEN, UH, ALL THOSE AND THEN WHERE THE DRIVE, UH, UH, THOSE EXTEND OVER THAT PORTION AND THAT PORTION.

SO, UH, NEXT QUESTION THEN IS, SO IT, IT APPEARS THAT THERE'S A STRUCTURE HOME ON 23 1 9, WHICH IS ON THE, WE'LL SAY, ON THE WEST SIDE OR THE EAST SIDE OF THIS PICTURE HERE.

SO, UM, AND THEN THERE'S, UH, THE INSTRUCTURES THAT ARE ON THE NORTH SIDE THAT WE, THEY TALKED ABOUT THE TREES.

SO HAVE THEY BEEN, HAVE THOSE PROPERTY OWNERS AND COMMUNICATED WITH, WITH REGARD TO THE PROPOSED CHANGES HERE? SO THEY RECOGNIZE THAT THERE'S GONNA BE, UH, I GUESS DRIVEWAYS THERE EXCEPT NOT, NOT OTHER THAN THE NOTIFICATION FOR THIS MEETING.

UH, IF THERE IS A DESIRE TO DO THAT, WE CAN DO THAT.

UM, THERE IS A FEW, A FEW THINGS THAT I DID MENTION, UH, COMMISSIONER, UM, THERE'S A GRAY BRA ON THESE PROPERTIES CURRENTLY THAT, UH, WHICH WAS JUST HIGHLIGHTED IN YELLOW, THAT ADJACENCY, THERE'S ABOUT A TWO TO THREE FOOT RETAINING WALL.

UM, AND WE ARE GOING TO GRADE, UM, AT THAT LEVEL AND CROSS DOWN.

SO THERE'S A SLOPE TOWARDS FRED FOR ROAD.

SO THIS PROPERTY IS ACTUALLY BELOW THAT PROPERTY LEVEL.

SO THE FENCE THERE IS ACTUALLY GOING TO BE, UM, UH, SCREENING AT A LOWER LEVEL WITH THE TREES BEING HIGHER AND THAT ADJACENT PROPERTY BEING HIGHER AS IT TURNS THE CORNER AND GOES MORE, THOSE PROPERTIES START TO ALIGN WHEN YOU GO TO EDISON DRIVE.

IF THAT, IF THAT MAKES A DIFFERENCE.

THERE'S, THERE'S A LITTLE BIT OF SEPARATION THERE.

I GUESS I, I HAVE A LITTLE BIT OF QUESTION ABOUT THAT WITH REGARD TO FUTURE POTENTIAL DEVELOPMENT.

AND SO I GUESS AS I GO TO, YOU KNOW, TO THE DIALOGUE HERE, YOU KNOW, SAY THE TUPU, YOU KNOW, I UNDERSTAND TUPU NETWORK WORKS WELL BECAUSE IT'S ONE PART OF, IT'S ALREADY THERE.

UH, BUT, YOU KNOW, SPECIFYING THE WHOLE THING IS TWO FITCH.

I GUESS.

[01:40:52]

AND SO I'D LIKE THAT TO BE ENSURE AS WE KINDA GO DIALOGUE.

SO THANK YOU.

AND, UH, ANY OTHER QUESTIONS? OKAY.

UH, SO I, SO I HAVE A QUESTION.

SO REALLY, UM, YOU'VE GOT TWO FOOT THERE AND, AND YOU SAID IT WAS THREE FEET, UH, ON THAT, ON THE, UH, INTERMEDIARY.

YEAH, SO OSTENSIBLY WE'VE GOT TWO FIT TO THE FENCE, AND THEN BEYOND THAT WE HAVE A, A ABOUT A HALF A FOOT OF, OF, UH, TO ALLOW FOR THE FENCE AND THEN THE CURB.

AND THEN IF I'M PARKED AT THE TWO FOOT SECTION, THE TOP OF THE FENCE IS GOING TO BE, UH, SIX FEET ON THE NEIGHBOR'S YARD, BUT EIGHT FEET AT MY YARD.

SO BECAUSE OF THE LIAL.

SO, UM, IT, IT, IT HAS TO BE, UH, WE'RE GONNA BUILD A FENCE TO MATCH THE RESIDENTIAL FENCE.

UM, AND EVEN THOUGH THE COMMERCIAL PROPERTY IS LOWER, WE'LL BUILD OUT TO THE RESIDENTIAL FENCE.

WE YOU'RE ALLOWED TO DO THAT.

UH, BUT, UH, I, I'M JUST TRYING TO FIGURE OUT, UM, THE ABILITY FOR VEGETATION EVEN GROW.

AND DID YOU MEET WITH, UH, LANDSCAPE STAFF ABOUT THIS, THIS SUBMITTAL AND THIS PROJECT, I BELIEVE, I BELIEVE OUR, OUR CONSULTANT DATA BUYER HAS SPOKEN TO, TO, UH, LANDSCAPE.

UM, OUR GOAL IS NOT TO PLANT WITHIN THAT, OUR GOAL IS TO PUT IMPERVIOUS A COVER, LIKE A ROCK, A GRAVEL, HEAVY ROCK, LIKE RIVER WRAP.

SO WE DO ALLOW FOR WATER TO FILTER THROUGH AND IT PROVIDES A LITTLE BIT OF A, OF A, OF A SPACE.

UH, SO THE DEVELOPMENT DOESN'T HAPPEN RIGHT ON THE RESIDENTIAL FENCES.

IT ALLOWS US TO QUITE HONESTLY CLEAN UP THE MESS OF THE, OF EVERY ADJACENT PROPERTY.

ANYWAY, WELL, I THINK THIS HAS BEEN VERY INFORMATIVE.

UM, YES, COMMISSIONER A MINUTE.

SO, SO GOING BACK TO MY QUESTION THEN.

SO AS FAR AS ON THE, THE GREEN PIECE THERE, SO IS THAT COULD BE 15 FOOT IN .

THE, THE LARGE WIDE GOES, UH, I THINK IT'S 14 FEET, UM, A CLEAR SPACE BETWEEN THE, THE DRY AND THE, THE EDGE.

THAT RESIDENTIAL PROPERTY, THAT'S THE, THE OVERALL DISTANCE.

IN SOME CASES IT GETS WIDER.

SO, SO IF WE WERE TO CLARIFY ON, SO WE'LL SAY OR ADD SOME DEFINITION THERE TO SAY THAT A LEFT 14 FOOT THERE THAT WOULD SATISFY THE REQUIREMENT FOR, FOR YOUR GREEN STATE.

THERE.

WE, IF YOU, IF WE, WE ACTUALLY, UM, AND JUST TO CLARIFY OUR PROCESS, WE WORK, UH, IN, IN CONFIRMING THIS WITH THE CITY, UM, AND CITY STAFF, THEY RECOMMENDED ONE, UH, DIMENSION FOR THE ENTIRE BUFFER.

UH, WE ARE OKAY WITH MODIFICATIONS TO THAT REQUEST TO ALLOW FOR NARROW BUFFERS AND WIDER BUFFERS.

YEAH, IT'S JUST, UH, JUST SO YOU KNOW, UM, SOMETIMES IF A BUFFER'S SUPPOSED TO BE 15 FEET AND YOU HAVE 15 FEET ON AVERAGE, SO LET'S SAY THE LOWER PART AND THE UPPER PART WHEN, WHEN TAKING INTO CONSIDERATION AN AVERAGE IS TO A 15, YOU KNOW, WHEN YOU GO DOWN TO 14 IN THE MIDDLE.

SO THAT, THAT HAS NEVER BEEN AN ISSUE, BEEN AN ISSUE.

UH, WE JUST WANNA MAKE SURE, 'CAUSE THERE'S NINE OF US UP HERE, THAT THE CONCERNS THAT PEOPLE HAVE THAT WE WE'RE ACCOUNTING FOR THAT IN A MOTION THAT MIGHT BE MORE ACCEPTABLE TO SOME OF THE MEMBERS.

SO, UH, COMMISSIONER MEN, DO YOU HAVE ANY ADDITIONAL QUESTIONS? NO, THAT WAS FINE.

ANY OTHER QUESTIONS FROM THE REST OF THE COMMISSION? COMMISSIONER ZMA? THE QUESTION IS REGARDS TO ASSISTING TREES THAT ARE ON SITE.

DO ANY OF THESE ISLANDS, PROPOSED ISLANDS, UM, ARE DESIGNED THAT WAY TO ACCOMMODATE THESE EXISTING TREES? SO IF YOU WERE TO HAVE TO REMOVE OR LOWER OR INCREASE, THEN YOU WOULD POTENTIALLY? WE, WE, WE UNFORTUNATELY DON'T HAVE ANY, UH, EXISTING TREES ON THIS SITE.

THE ONLY TREE THAT EXISTS ON THIS SITE IS ACTUALLY, UH, IN THE CORNER OF THIS OFF PROPERTY ON THE, UH, VIA, UM, ON THE VIA TRANSPORTATION, UM, UH, PLOT WHERE THE BAAT IS, UH, THE TREES THAT I WAS REFERRING TO, UH, COMMISSIONER ARE SITTING INSIDE THE RESIDENTIAL LOT BASED TO THE NORTH OF OUR PROPERTY.

UH, ANY OTHER QUESTIONS? COMMISSIONER MANKA? UH, THIS'S A SMALL ONE.

THE EXISTING, UH, BILL MILLER SIGN, SIGNAGES BY THE ROAD, ARE YOU GONNA USE THE SAME ONE OR ARE YOU GONNA INCREASE THAT SIZE OF THAT ONE? NO, SIR.

WHAT WE'RE GONNA DO IS WE'RE GONNA START FROM SCRATCH.

WE'RE GONNA DEMO ALL THE SIGNAGE, UM, AND, UH, BUILD A NEW MONUMENT SIGN THAT'S GOING TO BE, UH, UH, IN THAT, UH, GREEN SPACE, UH, AT THE END OF THE PARKING LOT TOWARDS EDISON IN REDFORD, THAT CORNER THAT'S NO, UH, GREATER THAN 400 SQUARE FEET, WHICH IS THE REQUIREMENT ON, UH, THIS RIGHT OF WAY.

IF THERE'S NO ADDITIONAL QUESTIONS, UH, SIR, YOU MAY HAVE A SEAT WHILE WE DELIBERATE.

UH,

[01:45:01]

SO I'M LOOKING FOR A MOTION AND AS EXPRESSED, UH, BY THE COMMISSION, UH, THE NEED IS FOR TWO FEET ALONG THE UPPER SIDE AND ESPECIALLY ALONG THE BOTTOM.

AND FOR A COMMISSIONER WHO WOULD LIKE THAT MAKE THAT MOTION, THE ADDRESS OF THAT ABUTTING LOT IS 2 3 3 2 EDISON, UH, WITH THE PROPERTY NEXT DOOR TO THAT, BOTH OF WHICH STARTS TO, THE INTERMEDIARY PORTION IS TO, UM, 2 3 2 8 EDISON.

SO IF ANYBODY WOULD LIKE TO ACCOUNT FOR THAT IN THEIR MOTION, THAT'D BE, THAT'D BE GREAT.

I'M SORRY, COULD YOU REPEAT THOSE ADDRESS AGAIN, PLEASE? I'M SORRY.

YEAH, SO THE ONE IMMEDIATELY ABUTTING, UH, THE PARKING AREA IS 2 3 3 2 EDISON AND THE SMALL LOT TO THE EAST OF THAT, WHICH COLLECTIVELY WITH 2 2 3 3 2 EDISON COMPRISES THE INTERMEDIARY PORTION IS 2 23 28 EDISON.

SO TO CLARIFY, THE, THE MOTION WOULD BE FOR THE TWO FOOT, THE TWO FOOT 15 TO DOWN TO TWO FOOT, BUT ALSO WITHIN THE TWO FOOT NO PLANTING.

SO I DON'T, I DON'T KNOW IF WE'RE ALLOWED TO INCLUDE THAT IN V OKAY.

YEP.

AND IT NEEDS TO BE SPECIFIED.

SO, AND THEN, SO, AND I THINK I HAVE THE ADDRESS FOR THE ONE ON THE EAST AS 2 3 1 9 FRESNO.

SO YES, 2 3 1 9 FRESNO.

SO I CAN TAKE A SWING AT IT IF YOU'D LIKE.

PLEASE PROCEED.

UH, REGARDING CASE NUMBER BO 8 2 1 1 0 3 0 0 0 8 9, I MOVE AT THE BOARD OF ADJUSTMENT CORRECTLY.

REQUEST FOR A, UM, A ONE FOOT VARIANCE TO THE MINIMUM, UH, 15 FOOT TYPE B TYPE C BUFFER YARD ALONG TWO ALONG THAT BORDER OF OR ALONG THE EDGE OF 2 3 1 9, UM, FRESNO, AND A 13 FOOT VARIANCE, UH, UH, TO THE 15 FOOT TYPE B TYPE C YARD FOR THE REMAINDER OF A, UM, TO ALLOW A TWO FOOT TYPE B AND TYPE C BUFFER SITUATED AT 3 2 0 0 FRANKFORD ROAD APPLICANT BEING DAVID BYER BECAUSE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF PROPERTY IS ACTUALLY A WILL ENFORCEMENT OF REVISION.

SO THE UNIFIED DEVELOPMENT CODE AS ADMITTED WILL RESULT IN THE UNNECESSARY HARDSHIP.

AND I WANNA ADD TO THAT, THAT, UH, TWO, UH, DOESN'T HAVE TO BE, UM, P SO THANK YOU.

UM, SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRACT PUBLIC INTEREST.

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

THE REQUEST TO ALLOW THE REDUCTION IN THE BUCKY YARD IS NOT CONTRARY TO PUBLIC INTEREST AS PARKING WILL BE PROVIDED FOR THE COMMERCIAL USE.

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

THE BOARD FINDS THAT A SPECIAL CONDITION, THAT ANY SPECIFIC CONDITION THAT IF ENFORCE WOULD RESULT IN UNNECESSARY HARDSHIP.

BY IMPOSING A LITERAL ENFORCEMENT, THE AMOUNT OF SPACE FOR PARKING WOULD BE REDUCED AND WOULD CREATE MORE ON STREET PARKING.

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

THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.

THE INTENT OF THE BUFFER LANDSCAPE BUFFERS PROVIDES SPACE IN BETWEEN SPACE IN BETWEEN RESIDENTIAL AND COMMERCIAL USES, WHICH IS STILL OBSERVED BY PROVIDING PROPERTY BETWEEN STRUCTURES.

FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES, UH, SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.

THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.

[01:50:01]

FIVE.

SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORM PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED, LOCATED.

THE REQUEST TO REDUCE A LANDSCAPE OFFER TO, UH, TWO 14 FOOT AND TWO TWO FOOT DOES NOT IMPOSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT, UH, LIKELY, UH, DOES NOT SEEM LIKELY TO ALTER THE CENTRAL CHARACTER OF THE DISTRICT.

SIX APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES, EXISTING AMOUNT OF PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY.

AND THEY'RE NOT MERELY FINANCIAL AND THEY'RE NOT DUE TO OR RESULT GENERAL CONDITIONS IN THE DISTRICT WHICH THE PROPERTY IS LOCATED.

THE BOARD FINDS THAT THE, THE PROPERTY OWNER SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON PROPERTY DUE TO A SMALL LOT SIZE AND A MOTION.

SECOND.

ALRIGHT, WE HAVE A MOTION BY COMMISSIONER MAN, SECOND BY COMMISSIONER.

LOVE, COMMISSIONER MANNA, PLEASE LEAD THE DISCUSSION.

AND SO I THINK THAT BY PROVIDING ON THE, THE, UM, WE'LL SAY BY OF THE NORTHERN PORTION OF THAT PROPERTY, IT'S NOT CHANGING ESSENTIALLY WHAT'S ALREADY THERE.

AND SO I DON'T THINK WE'RE CHANGING, UM, HOW THAT PART LOOKS ON THAT PROPERTY.

SO I HAD NO PROBLEM WITH THAT.

I THINK, UH, ON THE PROPERTY NEXT, SINCE THAT'S ALL YOU NEED, I'M COMFORTABLE SAYING, UM, YOU ABIDE BY YOUR DIRECTION, UM, YOU KNOW, ALLOWING FOR THAT.

SO THAT WAY IT DOES ALLOW FOR A LOT OF SPACE TO THE NEIGHBOR ON THE, ON THAT ONE SIDE, SO AS TO WE'LL SEE IMPROVE THE, OR MINIMIZE THE IMPACT OF THEM.

SO I READ THAT MOTION AS I AMEN IT.

GREAT.

THANK YOU COMMISSIONER.

LOVE.

I LIKE REDEVELOPMENT.

SO IT'S, UH, YOU KNOW, IT'S GONNA TAKE, YOU KNOW, SOME VACANT PROPERTY AND IT'S GONNA, YOU KNOW, MAKE IT USEFUL.

I WOULD'VE LIKE TO HAVE SEEN SOME ELEVATIONS OR SOMETHING.

SO THAT KIND OF KNOWING STUFF LIKE THIS, WHAT THE NEIGHBORS ARE GONNA GET TO LOOK AT IF THEY'RE NOT GONNA GET TO LOOK AT THEIR 15 FOOT BUFFER, BUT SOMETHING TO KEEP IN MIND FOR THE FUTURE.

BUT, UH, NO, IT'S, UH, YOU KNOW, WE SHOULD ALL LOVE PEOPLE COMING IN AND PUTTING MONEY IN AND, AND, YOU KNOW, FIXING UP OUR CITY.

ALRIGHT, THANK YOU.

ANY OTHER COMMISSIONERS' LIKE TO, UH, ADD TO THE DISCUSSION? HEARING NONE.

STAFF, PLEASE TAKE A ROLL CALL.

MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.

MR. DELMER.

MR. LOVE.

MR. UNA? YES, I CONCUR.

SECOND CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN.

I ALSO CONCUR WITH THE FINDINGS OF FACT, UH, MOTION PASSES.

UH, SO IF YOU'D LIKE TO GET WITH STAFF, THEY CAN TALK TO YOU ABOUT YOUR OPTIONS AT THIS POINT.

DO YOU HAVE ANYTHING TO SUBMITS ANYONE? RIGHT.

UH, NEXT CASE.

UH, THE APPLICANT DID MENTION HE WAS ON HIS WAY, UM, A FEW MINUTES AGO.

SO I DON'T BELIEVE HE'S HERE YET.

I HAVEN'T SEEN HIM JUST, OKAY.

UM, IS, IS IT, UH, ARE WE ALLOWED TO HEAR PRESENTATION WITHOUT THE APPLICANT PRESENT? YOU COULD, BUT IT'S ALWAYS BEST.

SO THE APPLICANT CAN SEE IN HERE.

SO IF WE WANT TO TAKE A SLIGHT BREAK OR PARTICULAR ITEMS OUT OF ORDER UNTIL HE COMES IN, WE COULD SURE.

UH, AT THIS TIME, LET'S, I CAN GO OVER THE MINUTES.

[10. 21-4983 Consideration and approval of July 19, 2021 Board of Adjustment meeting minutes.]

HEARING NONE.

SO I'D LIKE TO ENTERTAIN A MOTION FOR THE, UH, APPROVAL OF MINUTES.

PLEASE APPROVE.

CASE FILES ANYMORE, BUT IF THERE ARE NOTICES THAT YOU, UH, WANT TO SEE, WE WILL PUT THEM UP ON THE SCREENS.

IS THERE A SECOND? SECOND.

AND WE HAVE A SECOND.

SO, MOTION BY COMMISSIONER ZUNA.

SECOND BY COMMISSIONER RAZER.

UH, HAVE A ROLL CALL THOUGH, PLEASE.

MR. AKA YOU APPROVE.

MS. CRUZ? YES, I APPROVE MR. MINOW APPROVE.

MS. BRAGMAN? YES, I APPROVE MR. ER.

I APPROVE MS. FISHER.

I APPROVE MR. LOVE.

I APPROVE MR. OZUNA.

I APPROVE CHAIR ORIAN.

I ALSO APPROVE MINUTES ARE, UH, PASSED.

UH, WHILE WE'RE WAITING ON THE APPLICANT, IS THERE, UH, ANYTHING STAFF WOULD LIKE TO REPORT OR ANNOUNCE? SO WE HAVE A DIRECTOR'S REPORT WHERE WE TALKED A LITTLE BIT ABOUT, WELL, I HAD POSTED THAT WE COULD TALK ABOUT LOGISTICS RELATED TO, UM, IN-PERSON MEETINGS, SEE IF THERE'S ANY SUGGESTIONS THAT YOU HAVE SO FAR.

I THINK THE, THE, UM, PROCEDURES THAT WE PUT IN PLACE SEEM TO BE WORKING SO FAR.

UM, YOU KNOW, THOSE WOULD REALLY GET TESTED WHEN WE HAVE LARGER CROWDS.

SO, UM, OBVIOUSLY WE'RE GONNA WORK ON THE SCREENS THAT ARE IN FRONT OF YOU TO MAKE SURE THAT YOU DON'T HAVE TO CRANE YOUR NECKS TO SEE WHAT'S ON THE OVERHEAD PROJECTOR.

UM, AGAIN, WE'RE GOING PAPERLESS.

UH, SO, UH, WE DON'T HAVE ANY CASE SLIDE

[Director's Report: Logistics for In-Person Meetings]

[01:55:43]

UM, AND IF YOU WANT THEM RIGHT INTO THE RECORD, WE CAN DO THAT AS WELL.

UM, EVERYONE WHO GETS A NOTICE, UH, IS NOTIFIED THAT IT'S PART OF THE, UH, WRITTEN RECORD ONLY.

UM, SO THAT TAKES CARE OF KIND OF LOGISTICS UNLESS THERE'S ANY SUGGESTIONS THAT YOU HAVE.

YEAH, THIS PHILIP.

SO, UM, SO, UH, ONE THING THAT ACTUALLY, LIKE YOU HAD THE MOTIONS I SAW LOADED IN THE DESKTOP.

SO IN CASE I ACCIDENTALLY DELETED IT OR, OR DROPPED IT, I COULD GO BACK TO IT.

SO JUST A REMINDER FOR US TO GET TO IT.

CAN WE ALSO ASK THE DESKTOP, UM, THE LISTING OF THE CURRENT PRESENTATION? 'CAUSE SOMETIMES WHILE YOU'RE GOING BACK, I ACTUALLY GO BACK AND FORTH AS IT'S BEING DONE, YOU KNOW, AND REFERENCE IT.

SO I THINK IT'D BE HELPFUL TO HAVE THE PRESENTATION AS LITERALLY, BECAUSE I THINK THAT CHANGES FROM WHAT GIVEN IN THE, UM, UM, ON THE, UH, WOODEN THEMSELVES OR WITHIN EACH OF THE ITEMS. SO THERE'S DELTAS THERE, SO THAT WAY YOU SEE AT LEAST THAT PIECE.

AND I THINK THAT WAS IT FOR RIGHT NOW.

GOOD ONE.

OKAY, WE MADE A NOTE OF THAT NEXT TIME.

I HAVE A, UM, WE USED TO GET, UH, UM, WHEN THERE WAS A DENIAL WITH AN ALTERNATE RECOMMENDATION, WE USED TO GET DIFFERENT VERSIONS OF THE MOTION SKELETON.

I DIDN'T KNOW IF THAT, UH, NO, WE'RE ONLY DOING THE, UH, MOTION FOR APPROVAL AS REQUESTED BY THE APPLICANT.

IT'D BE FROM THERE.

Y'ALL WOULD TAKE INTO CONSIDERATION BASED ON THE TESTIMONY PROVIDED, THE FACTS PROVIDED, AND THEN TO ALTER THE RECOMMENDATION BASED ON HOW YOU FELT BASED ON, BASED ON THE INFORMATION PROVIDED TO YOU DURING THE HEARING.

AND, UH, ONE THING I WOULD LIKE TO SEE IS, UM, WHEN THE PRESENTATION IS GIVEN, JUST AS PART OF THE STATEMENT, WHETHER OR NOT THE PERMITTING STATUS, THAT WOULD BE SOMETHING THAT, YOU KNOW, EVEN IF IT WAS PERMITTED OR IS ONGOING PERMIT, WE'D LIKE TO HEAR THAT.

AND, UM, IS THERE ANYTHING ELSE, ANYBODY, UH, THAT WE REGULARLY ASK FOR THAT WE GET ONCE IN A WHILE, BUT MAYBE NOT EVERY SINGLE TIME AUTOMATICALLY? ANYBODY, ANYTHING ANYONE CAN THINK OF? COMMISSIONER MAKA.

I JUST HAVE ONE SUGGESTION.

SOMETIMES THE PICTURES THAT ARE TAKEN BY THE STAFF ARE NOT REALLY CLEAR OR FOR THE ANGLE THAT I CAN SEE, THE, THE, I'M NOT SURE WHAT THE CRITERIA IS.

WHEN YOU TAKE A PICTURE OF A PROPERTY, YOU WANNA SEE A FENCE, YOU DON'T SEE PART OF IT, AND I CANNOT GET THE FEEL OF LOCATION SOMETIMES OF WHAT THE STRUCTURE IS.

I WOULD RECOMMEND THAT THEY TAKE PICTURES LEFT AND RIGHT ON THE FRONT, LEFT AND RIGHT IN THE BACK.

NOW WE'VE GOT THE HOLISTIC VIEW OF THE, OF THE PROPERTY.

WE'LL DO WHAT WE CAN IF WE CAN'T GET ACCESS TO THE PROPERTY, UM, IF THE A COULD, WE'VE TRIED TO COORDINATE WITH THE APPLICANTS AND THE OWNERS SO THAT WAY WE CAN COINCIDE LIKE WE'RE HERE TO BE THERE.

WE'LL DO THE BEST THAT WE CAN, BUT YEAH, WE'LL PICK 'EM FROM DIFFERENT ANGLES.

WELL, WE'RE RUNNING OUR STUFF TO GO OVER AS THE APPLICANT ON THE, WELL WE DID KIND OF TALK A LITTLE BIT ABOUT THE SPECIAL MEETING.

OH YES.

UH, SO SEPTEMBER 13TH IS A DATE FLOATING AROUND AND IT'S VERY IMPORTANT THAT WITH SO FEW OF US ON THE BOARD, THAT WE ALL AT LEAST, UM, UH, CONFIRM WHETHER THAT DATE, UH, IS SOMETHING WE CAN MAKE.

UM, YES, I HAVEN'T HEARD FROM EVERYBODY.

SO I'LL JUST SAY THIS.

ANYBODY WHO CANNOT ATTEND RAISE YOUR HAND.

SO WE HAVE ONE.

I'M HOPING THAT WE HAVE ALTERNATES BY THEN AS WELL BECAUSE I KNOW THAT THEY PULLED APPLICATIONS, UH, FOR THE GOVERNANCE COMMITTEE TO REVIEW THE ALTERNATES, RIGHT JOSEPH? YEAH.

SO, UM, WE'RE HOPING TO HAVE A GOVERNANCE MEETING THIS MONTH AND HOPEFULLY BY EARLY SEPTEMBER WE'LL HAVE COUNCIL CONSIDERATION FOR THE ALTERNATES.

YOU THINK THAT WOULD PREDATE THE 13TH? I'M HOPING CROSSING MY FINGERS.

BUT WE ALSO, WE ALSO HAVE A COUPLE OF DISTRICTS THAT NEED TO FILL SPOTS TOO.

SO THEY'RE LOOKING AT SOME OF THOSE ALTERNATES AS WELL.

SO ONE QUESTION I HAVE IS ON, ON THE 16TH WE'RE HAVING A, UH, WORKSHOP TO DISCUSS SOME OF THE NEW REGULATORY CHANGES.

UM, IS THE 13TH GOING TO BE THE FIRST MEETING THAT THOSE CHANGES WOULD GO INTO EFFECT THEN? YES, IT WOULD.

THE CURRENT MEMBERS TO ATTEND, BUT WE WELCOME YOU ANYWAY.

SO IS THERE, UM, YOU KNOW, WITH THE, WITH THE POTENTIAL FOR A WHOLE NEW SLEW OF MEMBERS, IS THERE GONNA BE LIKE A AN ORIENTATION? YES.

WELL YES, THERE'LL BE AN ORIENTATION, ESPECIALLY FOR THE NEW MEMBERS.

UM, WE'LL PROBABLY HAVE TO BE ON A SPECIAL MEETING DATE, SO PLAN TO BE HERE EARLIER.

UM, AND THEN WE'RE STILL KIND OF GOING THROUGH SOME OF THE, UH, NUANCES OF THIS NEW, OF THE STATE LAW CHANGES.

BUT FOR SURE WE'LL HAVE OUR DEFINITIVE ANSWER ON WHAT NEXT STEPS ARE AT THE NEXT, AT THE NEXT UH, SESSION.

SO WE'LL HAVE THE WORST SESSION ITEM THAT, UH, SO WE'LL HAVE AN EARLIER START TIME FOR THE NEXT MEETING AND THEN WE'LL HAVE AN ORIENTATION FOR THE NEW MEMBERS THAT WE INVITE ALL MEMBERS TO ATTEND.

IT'S NOT REQUIRED OF THE, OF

[02:00:01]

OR IF ANY NEW MEMBER IS A REQUIREMENT TO ATTEND THE ORIENTATION BEFORE THEY'RE ALLOWED TO SIT ON THE DA.

IT'S NOT A REQUIREMENT, BUT WE PUSH TO HAVE THEM HAVE AN ORIENTATION BEFORE.

THE SIDE, UM, WHICH IS ENC CRUNCHING INTO THE FIVE FOOT SIDE SETBACK.

IS THE PPLICANT HERE? ALRIGHT, FANTASTIC.

SO LET'S PROCEED WITH UH, ITEM NINE ON THE AGENDA.

OKAY, ITEM NUMBER NINE IS CASE BO OA 2 1 1 0 3 0 9 LOCATED AT 3 4 3 BANK STREET.

UM, THIS IS IN ATION FIVE, THE APPLICANT BEING RA.

THE REQUEST IS FOR A FOUR FOOT EIGHT INCH VARI FOR THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ADDITION WITH TWO INCH GUTTERS, TWO BE FOUR INCHES FROM THE SIDE PROPERTY LINE.

THE ZONING OF THE PROPERTY IS R SIX C B, UM, SINGLE FAMILY WITH A CONDIT FOR DUPLEX.

THE SUBJECT PROPERTY IS LOCATED ALONG BANK STREET.

UM, THE APPLICANT RECENTLY RENOVATED THE STRUCTURE AND ADDED THE ADDITION TO THE SIDE,

[9. 21-4989 BOA-21-10300090]

THE SURVEY THAT WAS SUBMITTED SHOWS THE STRUCTURE TO BE FOUR INCHES AWAY FROM THE SIDE PROPERTY LINE.

UM, UPON THE SIDE VISIT, STAFF OBSERVED THE WINDOW ALONG THE SIDE OF THE STRUCTURE.

UH, WE DID CONSULT WITH OUR PLAN TEAM WHO STATED, UM, WITH THE WINDOW, WHICH STRUCTURE BEING SO CLOSE TO THE SIDE PROPERTY LINE, THE WINDOW SHOULD BE REMOVED AND THE WALL WOULD BE FIRE RATED UPON THE REVIEW.

HERE'S A, A PICTURE OF THE SURVEY.

HERE IS THE SUBJECT PROPERTY AND THAT IS THE SIDE AFTER THE ADDITION AND THE SURROUNDING AREA, STAFF RECOMMENDS NILE WITH AN ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE, UM, FROM MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW THE STRUCTURE TO BE THREE FEET AWAY FROM THE SIDE PROPERTY LINE, UH, BASED ON THE FOLLOWING FINDINGS EFFECT.

THE ADDITION IS CURRENTLY FOUR INCHES AWAY FROM THE PROPERTY LINE TWO, THERE IS CURRENTLY A WINDOW BUILT INTO THE ADDITION.

AND THREE, IT'LL REDUCE THE RISK OF A FIRE HAZARD IF THE STRUCTURE IS STRUCTURE IS MOVED THREE FEET AWAY FROM THE PROPERTY LINE.

STAFF MAILED 35 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET.

UH, NONE.

RETURN IN FAVOR, ONE IN OPPOSITION.

AND THERE WAS NO RESPONSE RECEIVED FROM THE LONE STAR NEIGHBORHOOD ASSOCIATION.

AND I'LL PASS IT OVER TO THE APPLICANT NOW.

AND BEFORE YOU I LEAVE, CAN YOU PLEASE, CAN YOU REMARK ON WHAT THE CONDITIONAL USE CD ATTACHED TO THE ZONING IS FOR? IT'S FOR A DUPLEX.

OKAY, THANK YOU SIR.

IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

UH, MY NAME IS JEEVA AND MY UH, HOME ADDRESS IS 3 4 3 BANK STREET.

FANTASTIC.

PLEASE PROCEED.

YES, SO WE, WHEN WE, I GOT THIS PROJECT, IT WAS SAVED FROM THE CITY BECAUSE THE COURT ORDERED TO DEMO THE WHOLE HOUSE BECAUSE THERE WAS DRUG DEALING AND HOMELESS PEOPLE LIVING IN THERE.

SO THEY WERE GONNA KNOCK IT DOWN AND ONE OF THE INVESTORS SAVED IT FROM THE COURT AND SOLD IT TO ME.

UH, WHAT I DID, UH, THE MAINFRAME OF THE HOUSE STAYS THE SAME.

WE DID NOT GO THIS WAY.

WE JUST DID THE BACK ADDITION, BUT SINCE IT WAS PREVIOUSLY HAD CONSTRUCTION THERE, SO I JUST MADE IT CLEAN AND PUT THAT SIDE PART INTO THE HOUSE AND THAT, UH, IT WAS WRAPPED AROUND PORCH.

SO WHAT I DID, I CLOSED THE WALL AND MADE IT INTO CLOSET FROM INSIDE.

SO THAT'S HOW I DID THE CONSTRUCTION.

AND I DID NOT HAVE A SURVEY, A SURVEY BACK THEN.

SO I THOUGHT THAT DRIVEWAY WAS THAT FIVE EIGHT FOR ME AND FIVE EIGHT FOR HER.

AND THEN I DID THE SURVEY.

SO I STOPPED THE CONSTRUCTION WHEN I GOT THE SURVEY IN 2018.

SO I CAME TO THE CITY AND WENT TO THE SUNNI AND ZUNI SAID, OH, THIS NEIGHBORHOOD ALLOWS YOU TO HAVE ZERO LINE.

SO I CONTINUED WITH MY CONSTRUCTION SO WHEN I WAS READY TO CLOSE ALL THE PERMITS, THEY ASKED ME SOMETHING IN THE WRITING.

SO I WENT TO ZONING AGAIN AND THEN EVERYTHING

[02:05:01]

CHANGED, LIKE, OH, YOU CANNOT HAVE A UH, ZERO LOT LINE AND ALL THAT.

SO IT WAS JUST CONFUSING BETWEEN WHEN I WENT TO 2018 IN THE ZONING AND WHEN I WENT AGAIN TO DO THE FINAL CLOSING ON PERMITS, THEN THEY SAY, OH THERE IS, WE DON'T FIND ANY DATA SAYING IT.

YOU CAN HAVE A ZERO BLOCK LINE ON THIS HOUSE.

SO NOW I'M HERE, TRY TO SEE WHAT I CAN DO BECAUSE HOUSE IS COMPLETE AND UH, THEY WERE GONNA KNOCK IT DOWN AND I BUILT ALMOST 300,000 HOUSE, SO I'M PAYING LIKE ALMOST CLOSE TO 8,000 IN TAXES RIGHT NOW AND THIS HOUSE TOO.

SO YOU COULD SEE BIG, BIG IMPROVEMENT IN THE PROPERTY.

SO IT'S UP TO YOU GUYS WHAT YOU GUYS WANT ME TO DO.

UM, STAFF, IS THERE ANY UH, ONE SIGN UP TO SPEAK? YES SIR.

THERE ARE A COUPLE OF PEOPLE BUT I THINK UM, THEY SIGNED UP SO ONE CAN GIVE THEIR TIME TO THE OTHER.

SO I HAVE A RAUL AND RICHARD CANTU.

SO SIR, YOU RO OR RICHARD ROLL.

OKAY, SO THEN RICHARD'S GIVING YOU HIS TIME TOO.

THERE'S THAT ORANGE STRIPE LINE WHICH HE PLACED THERE.

SO YOU'LL HAVE A TOTAL OF SIX MINUTES.

JUST STATE YOUR NAME AND ADDRESS.

GOOD AFTERNOON.

MY NAME IS RAUL CANTU AND ALONG WITH MY BROTHER RICHARD CANTU, WE OWN THE PROPERTY IMMEDIATELY ADJACENT, WHICH IS 2 3 9 BANK.

AND I'LL START BY SAYING THAT WE BELIEVE THAT THE SPARE REQUEST SHOULD BE DENIED BECAUSE THE PROPERTY DOESN'T MEET THE CRITERIA BECAUSE OF THE APPLICANT'S REASON AND DISREGARD FOR THE LAW, THE PERMIT PROCESS AND THE STOP WORK ORDER.

ALL THIS STARTED BACK IN 2018 AND THE APPLICANT SUBMITTED PLOT PLAN THIS ON DISPLAY AND YOU COULD SEE WITH THE THAT HE HAS A FIVE FOOT SET BACK IN THE PROPERTY GOING.

SO THE EXISTING STRUCTURE HAD THE FIVE FOOT SET BACK AND HE WAS AWARE OF THE FIVE FOOT SET BACK.

SO HE SUBMITTED THAT POT PLAN AND BASED ON THAT POT PLAN, HE GOT THE PERMITS.

CAN YOU SPEAK CLOSER TO THE MIC? YES, SIR.

AND THOUSAND 2018.

IN 2018 HE GOT PERMITS AND HE GOT INSPECTIONS UP UNTIL THE STOP WORK ORDER WAS ISSUED.

WHEN THE STOP WORK ORDER WAS ISSUED, NO MORE INSPECTIONS, HE ENC PULLED OUT A SINGLE ONE OF HIS PERMITS THAT HE OBTAINED THE 2018.

NOW THE FIRST PERMIT HE GOT, PLEASE, THE NEXT ONE YOU FIVE LINES FROM THE TOP OF THE WORK.

I DUNNO IF YOU CAN READ IT, BUT IT TELLS HIM THAT HE, THAT HE MUST COMPLY WITH THE CODES.

IT TELLS HIM THAT HE'S AWARE THAT IN NEEDS INSPECTIONS AND IT TELLS HIM THAT HE WAS GIVEN THE PAMPHLET WHAT'S NEXT? SO HE WAS VERY WELL AWARE OF THE PROCEDURE AND YOU CAN SEE ON THE AP THERE'S A STOP WORK ORDER NEXT PERMIT, FIVE LINES DOWN IN THE DESCRIPTION WORK YOU CAN READ WHERE IT SAYS HE MUST COMPLY WITH THE SETBACKS.

SO HE KNEW ABOUT THE SETBACKS, HE KNEW THE PROCEDURE AND HE KNEW ALSO TWO LINES FROM THE BOTTOM OF THE WORK ORDER.

IT TALKS ABOUT HOW THE STOP WORK ORDER WAS ISSUED ON JUNE 12TH, 2018 FOR THE PROPERTY BEING TOO CLOSE TO THE PROPERTY LINE.

SO HE WAS COMPLETELY AWARE OF THE SITUATION AND AROUND ABOUT THAT TIME HE LISTED THE PROPERTY FOR SALE.

THAT'S THE LISTING AGREEMENT.

THAT'S THE LISTING HISTORY WHERE YOU SEE THE, IT WAS LISTED ON MAY OF 2018 THROUGHOUT THINK JANUARY, FEBRUARY, 2019.

AND THESE THREE PICTURES WILL GIVE YOU AN IDEA WHAT IT LOOKED LIKE AT THE TIME.

AND SO WHEN HE GOT THE STOP WORK ORDER, HE WAS AT THE BEGINNING AND HE GOT THE STOP WORK ORDER AND HE HAD A CHOICE TO MAKE.

HE COULD CHOOSE TO RESPECT THE LAW, RESPECT THE PERMIT PROCESS, RESPECT THE STOP WORK ORDER AND SEE WHAT HE COULD DO TO RECTIFY AND MAKE THE SITUATION CORRECT.

BUT WHAT HE CHOSE TO DO INSTEAD WOULD COMPLETELY DISREGARD THE LAW, THE PERMIT SYSTEM AND THE STOP WORK ORDER.

THE STOP WORKER COULD BE INITIALLY BECAUSE IT WAS TOO CLOSE TO THE PROPERTY LINE.

SO WHAT HE DID INSTEAD IS HE BUILT THIS PROPERTY THAT'S SO CLOSE TO OUR PROPERTY EVERY TIME IT RENTS.

HE PUT THAT RAIN GUTTER ON THE BACK OF THE HOUSE, THERE'S ANOTHER ONE ON THE FRONT OF THE HOUSE, SAW ALL THE RAIN WATER FROM THE ROOF THAT HE CHANGED THE PITCH THAT USED TO DUMP ALL IN OUR PROPERTY.

AND IN ANTICIPATION FOR THE HEREN, HE PUT THAT RAIN GUTTER.

SO NOW WE'VE GOT TWO RIVERS FLOWING, ONE IN THE FRONT AND ONE IN THE BACK.

IN ADDITION BEING SO CLOSE TO THE PROPERTY, I DUNNO IF YOU CAN SEE ON THIS PICTURE, BUT WE'LL GO ONE PICTURE OVER THE,

[02:10:33]

AND WE BELIEVE THAT THAT LINE IS TOO FAR IN OUR PROPERTY.

IT SHOULD BE MORE ON HIS.

BUT EVEN FOR THE SAKE OF ARGUMENT, IF YOU WOULD TAKE THAT TO BE THE PLOT LINE, ANY SEWER WATER THAT SPILLS OUTTA THAT SEWER LINE IS GONNA BE DIRECTLY ON OUR PROPERTY.

NOT TO MENTION HOW IN THE WORLD IS ANYBODY GONNA SQUEEZE BETWEEN THAT ORANGE LINE FROM THAT PROPERTY LINE TO GET TO THE SEWER LINE MUCH LESS THAN ANY EQUIPMENT PLEASE IS ANOTHER ONE.

OKAY, GO ON.

SO ONE MORE, AND AGAIN, BECAUSE IT'S STILL SO CLOSE.

HE CREATED THE RISK OF A FIRE HAZARD AND HE EXACERBATED THE SITUATION BY PLACING A WINDOW THERE.

ANOTHER INDICATION THAT HE COMPLETELY DISREGARDED PERMITS THE PROCEDURE BECAUSE THAT WOULD NOT HAVE BEEN AUTHORIZED EITHER ONE.

YEAH, THAT.

SO GOING OVER THE APPLICATION AND THE, THE REQUIREMENTS, THIS DOESN'T MEET THE FIRST REQUIREMENT BECAUSE THE FIRST REQUIREMENT, EVEN PARTICULAR ATTENTION TO THE PEOPLE AFFECTED US AS A NEIGHBOR, PARTICULARLY EFFECTIVE FOR THE REASONS THAT I JUST STATED.

THE RAINWATER, THE SEWER WATER, AND A REASONABLE RISK OF A FIRE HAZARD.

ANY FIRE THAT STARTS ON WIND PROPERTIES CAN BE VERY EASILY SPREAD TO THE NEXT ONE.

THE SECOND ONE, ANY UNDUE HARDSHIP.

THE SECOND LINE IS EVEN IN BOLD AND IT SAYS THAT THE HARDSHIP MUST BE CAUSED BY THE PROPERTY ITSELF.

THIS HARDSHIP IS NOT CAUSED BY THE PROPERTY ITSELF, IT'S CAUSED BY HIM.

HE SAYS HE DIDN'T KNOW WHERE THE SURVEY LINE WAS.

WHO BUYS THE PROPERTY WITHOUT GETTING A SURVEY AND WHO BUYS THE PROPERTY WITHOUT KNOWING WHERE YOUR PROPERTY LINES ARE.

THIS WAS NOT THE RESULT OF THE PROPERTY ITSELF.

IT WAS HIS REASON AND DISREGARD OF THE PERMITS, THE LAW, AND IN SPECIFIC THAT STOP WORK ORDER THAT TOLD HIM THAT HE WAS TOO CLOSE TO THE PROPERTY LINE.

AND ALSO ALONG THE, THE REQUIREMENT NUMBER SIX, THE SAME THING, THE VARIANCE HAS TO BE AS A RESULT OF A UNIQUE FEE FOR THE PROPERTY.

HE DIDN'T MAKE ANY STATEMENT THAT THERE'S A UNIQUE FEE FOR THIS PROPERTY.

IT'S NOT A UNIQUE FEE FOR THE PROPERTY, IT'S HIS OWN MIS DOING HIS OWN WRONGFUL ACTIONS.

YOU CANNOT PASS YOUR HARDSHIP AND THEN COME AS FOR VARIANCE 'CAUSE OF HIS BRAS OF DISREGARD OF THE LAW, THE PERMITTING PROCESS, AND THE DIRECT STOP WORK ORDER TELLING HIM THAT HE WAS TOO CLOSE TO THE PROPERTY LINE.

THIS VARIANCE SHOULD BE DENIED.

UM, PLEASE, PLEASE STAY UP IN CASE WE HAVE SOME QUESTIONS FOR YOU.

YES, I'LL BE, UH, NO, IT'S OKAY.

ANY COMMISSIONER QUESTIONS? PROBABLY STAY PROBABLY STAFF.

WHAT WAS THE STOP WORK ORDER FOR EXACTLY? LOOKS LIKE IT WAS JUST FOR BUILDING WITHOUT A PERMIT.

SO I HAVE A QUESTION FOR YOU.

UM, WHEN YOU'RE IN THE STREET AND YOU'RE LOOKING AT YOUR HOME IN, IN THIS, IN THE APPLICANT'S HOME, UH, YOU'RE OR ORIGINALLY, WERE YOUR DRIVEWAYS TOUCHING EACH NEXT TO EACH OTHER, ABUTTING EACH OTHER? NO, I THINK HIS DRIVEWAY ORIGINALLY WAS ON THE OTHER SIDE.

THAT'S WHAT I WAS NOTICING ON THE OTHER HOMES DOWN THE STREET.

I WAS JUST CURIOUS.

HE PULLED OUT THIS WAY AND THE SECOND PERMIT SAYS STOP ORDER WAS ISSUED FOR BILLY TOO CLOSE TO THE PROPERTY LINE.

IT'S IN THE PERMIT.

AND, AND UM, THE ADDITION THAT HE DID, I MEAN YOU, YOU'VE BEEN THIS HOME LONG ENOUGH TO KNOW THAT, THAT IT WAS MUCH FURTHER AWAY FROM THE PROPERTY LINE.

CORRECT.

AND THEN IT LOOKED LIKE, DID HE DO AN ADDITION ON BOTH SIDES OR WAS IT JUST THE ONE SIDE ON YOUR SIDE OF IT? I'M NOT SURE ON THE OTHER SIDE, BUT I'M DEFINITELY SURE ON MY SIDE.

THE WHOLE STRETCH OF THE WHOLE SIDE OF THE HOUSE? CORRECT.

HE JUST WENT DOWN.

AND WHAT'S HIS WAS, TO YOUR KNOWLEDGE, WAS THIS EVER USED AS A DUPLEX? I DON'T KNOW.

I'M JUST CURIOUS.

JUST SEEMS HE'S THE ONLY PERSON THAT HAS ZONING FOR CONDITIONAL USE FOR DUPLEX.

I'M JUST WONDERING WHY HE WOULD DO THAT AND NOT HAVE A DUPLEX.

UH, ANY MORE QUESTIONS? QUESTION FOR STAFF COMMISSIONER.

UH, THE APPLICANT PROVIDED TESTIMONY ABOUT POTENTIAL ZERO LOCK ZONING.

IS THAT IN CASE THE ZONING DISTRICT, IF THERE WOULD'VE BEEN ANY ZERO ALLOWED ? NO.

THE ZONING INDICATES A TRADITIONAL, UH, ZONING DISTRICT AND UM, I DON'T BELIEVE IT'S PLATTED AS SUCH EITHER.

SO THANK YOU.

ANYONE ELSE? OKAY.

UH, THANK YOU VERY MUCH.

YOU CAN HAVE A SEAT AND STAFF.

IS THERE ANYTHING ELSE TO READ TO

[02:15:01]

THE RECORD? NO.

FOR THE APPLICANT, IF YOU, UH, YOU CAN COME BACK UP.

UH, WHAT'S GONNA HAPPEN NOW IS, IS THERE ANY QUESTIONS FOR THE APPLICANT? CAN I SAY SOMETHING? I GOT ONE.

HOLD ON, SIR.

GO AHEAD, COMMISSIONER.

LOVE.

WELL, THE, THE SEWER LATERAL POPPING OUT OF THE HOUSE, YOU GOTTA TAKE THAT OUT AND TURN THAT DOWN.

I CAN BRING IT TO THE FRONT.

YOU GONNA GET UNDER THE HOUSE AND DIG UNDER THE HOUSE AND BRING IT? NO, THAT'S JUST THE CLEANUP.

IT'S NOT THE ORIGINAL SEWAGE, IT'S ON ANOTHER SIDE.

THIS IS JUST LIKE, IF YOU WANNA CLEAN SOMETHING, IF IT GET LOCKED, IT, IT JUST RUN A CABLE, THAT'S ALL.

OKAY, SO IT'S NOT LIKE AN ADDED TWO LINE? OH NO, NO, NO.

ORIGINAL SEW ON THE LEFT SIDE OF THE HOUSE.

THE WATER? YEAH.

OH, CHAIR.

DON'T FORGET.

HE NEED, HE GETS A REBUTTAL.

I JUST WANNA MAKE SURE THAT EVERYONE HAS AN OPPORTUNITY TO ASK QUESTION.

RAGMAN.

COMMISSIONER RAGMAN, UM, IS IT HERE BE OR SLAB? UH, VAN BEAM? YES.

UH, COMMISSIONER AKA.

JUST MORE QUESTION.

ANY OF THE UTILITIES AFFECTED BY THE EXTENSION OF THE HOUSE TO THE LEFT BY GAS LINE OR SOMETHING? THIS FER? NO.

NO.

EVERYTHING IS ON THIS HOUSE IS ON THE RIGHT.

SO LIKE YOU ASKED ME, LIKE IT USED TO BE A DUPLEX AND THE PORT WAS WRAPPED AROUND FORCE.

SO THEY DID THE ILLEGAL CONSTRUCTION AND PUT LIKE A LOT OF MINI, MINI MINI ROOMS AND PEOPLE USED TO GO IN THERE AND DO THE DRUGS AND EVERYTHING.

THAT'S WHY TOO MANY COMPLAINTS CAME AND THE PORT WANTED TO KNOCK IT DOWN.

SO ALL I DID WAS JUST USE THE FRONT PORCH AND THE SIDE, I JUST CLOSED IT.

ORIGINAL ADDITION IS IN THE BACK OF THE HOUSE, NOT THE SIDE.

I DID NOT GROW ON SIDES OF THE HOUSE.

I JUST DID THE BACK PART OF IT.

SO AS A FOLLOW UP, YOU'RE SAYING THAT AS, AS SHOWN TODAY, UH, THAT WHERE WE SEE THE PORTION DOWN THE SIDE, YOU DIDN'T DO ANY CONSTRUCTION AT ALL? NO, WE JUST, IT, IT USED TO BE A WRAP AROUND PORCH.

I WISH I HAD LIKE FOUR YEAR OLD.

YOU CLOSED IT IN? YEAH.

WE, WE JUST CLOSED IT IN BECAUSE IT WAS WRAPPED AROUND FIRST.

ALL I DID WAS MADE THAT IF YOU LOOK AT THE INSIDE, THERE'S A CLOSET.

THAT'S ALL I DID FOR MAKE THE CLOSET AND ORIGINAL WOOD IS STILL THERE.

THE WALL THAT I MADE.

YOU GO OUTSIDE FROM A CLOSET FROM INSIDE TO THE CLOSET.

YOU SEE, SEE, STILL SEE ORIGINAL WALL THERE.

AND UH, IT'S THE DRIVEWAY.

YOU HAVE QUESTION ABOUT THE DRIVEWAY.

WELL, I DIDN'T, YOU'LL HAVE AN OPPORTUNITY TO PROVIDE THE REBUTTAL.

I I JUST WANNA LEAVE THIS PORTION FOR QUESTIONS.

I JUST WANNA MAKE SURE THERE'S NO OTHER SPECIFIC QUESTIONS TO BE ASKED BEFORE WE ALLOW YOU, UH, TO HAVE A REBUTTAL.

IS THERE ANY OTHER QUESTIONS? COMMISSIONER CHAKA.

UH, SO I THINK YOU CLARIFIED THAT THE PROPERTY EXISTING SLAB FOUNDATION WAS AS IS NOW AND ALL YOU DO IS WENT BACKWARDS IN THE ADDITION FOR THAT.

AND, AND DOING THIS, YOU WENT AHEAD AND PUT THE CLEANUP TO THE SIDE.

YEAH, RIGHT.

NO ADDITIONAL PLUMBING KIND OF THING.

I UNDERSTAND THAT.

ANYONE ELSE? COMMISSIONER ZUNA? MY QUESTION IS IN REGARDS TO THE RUNOFF HEARD TESTIMONY FROM THE NEIGHBOR MM-HMM.

, UM, HOW DO YOU REMEDY IN YOUR ROOF OBVIOUSLY SLOPES TO THAT SIDE? HOW, HOW DO YOU REMEDY THAT? SO WHAT WE DID WHEN I, UH, THEY LEFT THE HOUSE ALMOST SIX, ALMOST SIX TO EIGHT MONTHS AGO.

THAT HOUSE IS BEND RIGHT NOW.

SO THEY, I, WHEN I PUT IT IN MARKET, I HEAR, I GOT THE LETTER FROM THEIR LAWYER, HEY, YOUR, YOUR ROOF ROOF IS OVER MY PROPERTY.

I SAID, NO PROBLEM.

WHAT, WHEN, WHAT CAN WE DO TO RESOLVE THE PROBLEM? SO I SAID, OKAY, HOW ABOUT IF I BUY THE THREE FOOT OF YOUR PLOT AND UH, WORK IT UP, SOMETHING LIKE THAT SINCE I'M TOO CLOSE TO THE LU LINE SO WE CAN, I CAN HAVE MY THREE FOOT AND I'LL BE OUTTA YOUR PROPERTY.

I, I WAS ONE OF THE OPTIONS I DID AND THEY SAID, THEN I SAID, OKAY, HOW ABOUT SINCE YOU WENT IN THE HOUSE RIGHT NOW I'LL BUY THE LOT BECAUSE HOUSE IS NOT FIXABLE, IT'S KNOCKED DOWN, SO I'LL PAY THE LOT PRICE AND I'LL BUY THE LOT.

AND THIRD OPTION WAS FOR ME TO CUT THE ROOF AND PUT THE GUT ON IT AND MOVE THE WATER INTO MY PROPERTY INSTEAD OF THEIR PROPERTY.

SO THOSE ARE THE THREE OPTIONS.

[02:20:01]

TALKED TO THEM.

SO MY SERVICE COMING AGAIN TOMORROW IS WHEN SHOWING THAT I'M NOT NO LONGER IN THE PROPERTY LINE.

EVEN MY ROOF IS NO LONGER INTO THE PROPERTY LINE.

SO I PUT THE BUTTERS TO CONTROL THE WATER INTO MY OWN PROPERTY SO I'LL BE CLEAR AT THEIR PROPERTY.

SO I DID THREE OPTIONS BY THE THREE FEET BY THE WHOLE LOT AND CUT THE ROOF.

SO FINAL TESTED NO TO FIRST TWO.

SO I, I JUST WENT FOR THE LAST ONE AND I CUT OFF WHOLE ROOF.

THAT'S SOMETHING NEW THAT YOU DID, RIGHT? YEAH, WE JUST CUT THE ROOF AND PUT THE GUTTER SO THAT WAY WATER, I DON'T GO TO THEIR PROPERTY, IT STAYS IN MY STAFF.

IS IT POSSIBLE TO BRING A GOOGLE VIEW? AN OLDER, OKAY.

UM, I TRY TO DO IT AND IT'S NOT PULLING UP MAP GOT'EM ON MY SCREEN IF ANYONE WANTS TO.

SO MAN, TO ADD ON TOP OF THAT, IF YOU BRING A GOOGLE VIEW AND THEN GO TO THE STREET VIEW AND BRING IT BACK TO UH, MAY, 2014, YOU CAN SEE THE STRUCTURE.

ACTUALLY YOU GO BACK TO THE PREVIOUS ONE SO YOU CAN SEE HOW IT WAS ADDED ON.

SO IT DOES APPEAR THAT, UM, THERE WAS AN ADD-ON DONE TO THE FRONT THAT DID EXTEND OUT THAT WAS PROBABLY IN VIOLATION.

SO PROBABLY ABOUT CODE.

UM, YOU KNOW, SO, SO JUST LOOKING IT DID WHEN IT'S DONE IN 2016.

SO, UM, THERE, THERE ARE CHANGES ALONG THAT SIDELINE ALONG THE WAY.

SO, UM, SO I HAVE A QUESTION FOR THE APPLICANT.

YES, PLEASE PROCEED.

SO, UM, SO, SO THE STAFF RECOMMENDATION IS, IS TO PUSH THE WHOLE THING SIDEWAYS BY THREE FOOT.

UM, SO, SO WHAT'S THAT GOING TO, IS THAT EVEN POSSIBLE? THE WHOLE HOUSE.

THAT'S WHAT IT LOOKS LIKE.

SO YOU SEE THE WRAP AROUND PORCH THAT YOU CAN SEE ON THE SIDE THAT BECAME A CLOSET RIGHT NOW.

CAN YOU PLEASE GO TO THE PREVIOUS, UH, SHOWING SO THAT, SO IT'S NOT IN THAT PICTURE.

SO 2014 IT DIDN'T EXIST AND THEY ADDED THE WRAPAROUND IN 2016.

SO THAT'S, THAT'S MORE ALONG THE LINES OF THE ORIGINAL SIDE.

YEAH, THAT HOUSE HAS SO MANY MODIFICATION, MODIFICATION, EVEN IN THE BACK ROOF, THEY HAVE THE TINY ROOMS AND STUFF.

ONE THING I'D LIKE FOR YOU TO TALK ABOUT IS IF YOU LOOK AT THE ROOF PITCH FROM BEFORE AND THE ROOF PITCH TODAY, YOU HAD A SMALL PORTION OF THE ROOF POTENTIALLY DRAINING, UH, TO THE NEIGHBOR'S PROPERTY.

WHERE TODAY IT'S A LARGE, MASSIVE AMOUNT OF ROOF.

YES, I UNDERSTAND.

AND THAT'S OF CONCERN TO ME.

SO CAN YOU PLEASE EXPLAIN? OKAY.

SO THAT'S WHY WE, WE CUT THE WHOLE ROOF AND NOW THE WHOLE WATER HAS A, IT HAS A GUTTER NOW, SO IT GOES INTO THE GUTTER AND IT DRAINS HALF HALF OF THE THING IN THE FRONT AND IN A BACK.

SO BATTERY ROOF IS NO LONGER THERE.

SO IS THERE ANY OTHER QUESTIONS REGARDING THIS CASE? SO, SO I DUNNO IF MY QUESTION WAS ANSWERED WITH REGARDS TO, UM, UM, YOU KNOW, THE SUGGESTION OF MOVEMENT OVER THREE FOOT.

SO IS THAT POSSIBLE? UM, AT ALL? IT'S GONNA BE VERY COSTLY.

VERY COSTLY.

THE CONTRACTOR BACK AND FORTH, BACK AND FORTH, BACK AND FORTH.

SO WHAT WHAT HAPPENS NOW IS, UH, BEFORE WE DELIBERATE AND, AND, AND MAKE A DECISION, YOU HAVE AN, WE'RE GONNA GIVE YOU UP TO THREE MINUTES JUST TO PROVIDE REBUTTAL, UH, WHATEVER YOU FEEL WE NEED TO HEAR, UM, BEFORE WE GO INTO DELIBERATION.

SO PLEASE PROCEED RIGHT NOW.

OH, OKAY.

SO I, SINCE I GOT THIS PROPERTY, I'VE BEEN THROUGH FOUR DIFFERENT CONTRACTOR.

I HAD REALLY BAD TIME TRYING TO FINISH THIS PROPERTY AND WHEN I FOUND OUT THE STUFF WORK, WORK ORDER AND ALL THAT, I WENT TO ZONING.

I MAKE SURE THAT IS, I'M OKAY TO START THE CONSTRUCTION AGAIN.

SO WHEN THEY SAID THE ZERO LINE, SO I FINISHED THE PROJECT AND MEANWHILE I WAS GOING TO ANOTHER CONTRACTOR.

I WENT THROUGH FOUR CONTRACTS.

SO FINALLY NOW THE HOUSE IS DONE.

I SAID OKAY, LET ME GO BACK TO CITY AND START CLOSING MY PERMITS BECAUSE I DON'T SELL HOUSES WITH OPEN PERMITS.

I WANNA MAKE SURE EVERYTHING IS CLEAR.

SO THAT'S WHEN I FIND OUT THAT THEY CANNOT FIND ANY DATABASE SAYING THAT I COULD HAVE A ZERO LOCK LINE.

UH, I COULD CHANGE THE WINDOW TO THE BACK IF THEY WANT ME TO.

AND IF THE NEXT DOOR OWNER WANTS TO WORK WITH ME WITH THREE FEET, I'M OKAY WITH THAT.

UH, I JUST NEED LIKE, CUTTING A WHOLE HOUSE FOR THREE FEET IS GONNA BE VERY EXPENSIVE.

IT'S VERY EXPENSIVE.

AND UH, RIGHT NOW IF YOU LOCATE AT THE LISTING INSIDE, IT'S VERY GOOD.

AND IF I CUT IT, IT'S GONNA TAKE THE BATHROOM CLOSET, UH, BEDROOM.

A LOT OF THINGS GONNA BE CUT IN HALF IF I GO LIKE THAT.

AND UH, MAIN THING IS VERY EXPENSIVE.

I'M ACTUALLY UPSIDE DOWN SINCE YOU CAN SEE IT'S A REALLY SLOW, UH, IMPROVEMENT IN THE HOUSE BECAUSE I WAS DEALING WITH THE CON

[02:25:23]

SO YOU CAN SEE LIKE ON THE, ON THE HOUSE IT LOOKS GOOD.

IT, I PAID ALMOST CLOSE TO SEVEN GRAND, EIGHT GRAND IN THE TAXES.

AND IT'S, I HAD A LOT OF COMPLIMENT WHEN WE WERE FINISHING A PAINT JOB.

THIS IS THE SECOND PAINT JOB WE DID BECAUSE THE FIRST OF ALL DIDN'T LOOK RIGHT.

SO THIS IS THE SECOND PAINT JOB AND WE HAD A LOT OF PEOPLE FROM THE STREET WALKING BECAUSE THEY USED TO RUN INTO ALL THE DRUGGIES AND HOMELESS PEOPLE INTO THIS SAME PROPERTY.

AND NOW THEY SAY, OKAY, NOW THE HEADACHE IS ON LET'S COMPLAINT.

AND YOU CAN, IF YOU CAN LOOK AT IT IN THE CITY, CITY COMPLAINT IN 2016, 17 AND YOU'RE GONNA SEE A LOT OF COMPLAINTS.

A LOT OF COMPLAINTS.

AND THIS HOUSE SUPPOSED TO BE KNOCKED DOWN.

SO IT CAME OUT REALLY NICE AND SEE WHAT WE CAN WORK ON.

SO WHAT ON THE ZERO LOT LINE, WHERE, WHERE DID YOU GET A ZERO LOT LINE? FROM? WHEN I HAD MY STOP WORK ORDERS.

SO OBVIOUSLY I CANNOT DO THAT.

I WORK RIGHT.

SO I STOPPED, I WENT TO CITY, CITY, SAID GO TO ZONING.

SO I WENT TO ZONING AND THEY SAID YOU OKAY WITH ZERO LOT LINE? WHO, WHO IN PARTICULAR TOLD YOU THAT? DO YOU HAVE A NAME? I DON'T DUNNO, IT'S A COUNTER.

SO I WENT ON THE COUNTER, SIGNED MY NAME AND YOU KNOW HOW OFFICERS COMES FROM INSIDE AND HELPS YOU OUT ON THE COUNTER.

SO THAT'S WHEN I FOUND OUT OKAY, THEY GAVE ME A LIKE 19, 19 13 WITH ALL THE LOTS ON IT.

AND SHE SAID, YOU ARE OKAY WITH LOT LIGHT IN THIS NEIGHBORHOOD ONLY.

AND I WAS LIKE, OH, THANK GOD I GOT LUCKY BECAUSE I KNOW FOR SURE I NEED FIVE FEET.

THERE IS NO, YEAH.

WHAT'S A ZONING? IT'S R SIX CD.

YEAH, IT'S DUPLEX.

IT USED TO BE A DUPLEX.

WE MADE IT INTO A SINGLE HOUSE.

SO YOU GONNA HAVE FIVE FOOT SETBACK OR THREE, FIVE? NO.

WELL THAT'S, UH, WE'RE GONNA GO AHEAD AND CLOSE THE PUBLIC HEARING.

I'M LOOKING FOR A MOTION FROM COMMISSIONER, PLEASE.

I THINK I KNOW WHERE THE CONFUSION IS.

OKAY, SO ZERO LOTT LINE DEVELOPMENT IS PERMITTED BY RIGHT IN R SIX, BUT IT HAS TO BE PLATTED AS SUCH.

AND SO IT'S NOT PLATTED FOR IT, BUT THERE'S AN ALLOWANCE FOR ZERO LOTT LINE DEVELOPMENT.

YES, I CAN GET IT.

PLATTED.

NEXT QUESTION FOR STAFF IS THAT IT'S PLANNING AFTER THE FACT.

IS THAT, YEAH, PLANNING WOULD BE AFTER THE FACT, BUT, UM, IT'S, I MEAN IT'S TYPICALLY TIED TO LIKE A TOWNHOUSE SUBDIVISION OR ZERO LOT LINE NEIGHBORHOOD.

UH, NOT FOR THE ONE-OFF LOTS.

YEAH, THE ISSUE WITH ZERO LOT, JUST WHEN YOU APPLY ZERO LOT NEIGHBORHOODS, YOU JUST HAVE NEIGHBOR, YOU HAVE TO ACCOUNT FOR A MAINTENANCE AGREEMENT FOR THE NEIGHBORING PROPERTY ON USUALLY A FIVE FOOT STRIP.

AND IF YOU'RE NOT, IF THE NEIGHBORING PROPERTY'S NOT GONNA GIVE ONE UP, YOU'RE NOT GONNA, YOUR PLA CAN'T BE RECORDED CHAIR.

CAN I, CAN I ASK THE NEIGHBOR NEIGHBORING PROPERTIES CLOSER OUTSIDE OF THAT? YEAH.

LET'S, COMMISSIONER, CAN YOU TALK TO JUST A LITTLE BIT CLOSER TO MIC, BRING YOUR MIC CLOSER YOU.

SO MR. COME TO, I I HAVE SOME QUESTIONS FOR YOU.

IF YES, PLEASE COME BACK, UH, TO THE PODIUM.

UM, STATE YOUR NAME AND ADJUST FOR THE RECORD QUICKLY AND ROLL BANK.

WAY IT'S SUPPOSED TO BE SO THAT WE DIDN'T HAVE WATER.

AND I KNOW THAT THERE MUST BE A LOT OF HISTORY BETWEEN YOU TWO, THE PROPERTY OWNERS, BUT I WAS WONDERING, WOULD YOU ATTEST, I MEAN, TO THE FACT THAT THIS PROPERTY WOULD ADD VALUE TO YOUR PROPERTY FOR WHATEVER YOU'RE PROPOSING TO DO ON YOUR PROPERTY, WOULD YOU, I MEAN THAT VERSUS WHAT WAS THERE BEFORE.

THE QUESTION IS, IS THERE ANY ABILITY TO WORK WITH THE APPLICANT TO LOOK AT AN EASEMENT OR THREE FOOT PROPERTY PURCHASE FROM YOU GUYS OR IS THERE ANY COMPROMISE THAT YOU CAN MAKE WITH HIM? OR IS THIS BEYOND THAT? I MEAN, I WOULD ASK ANY REGULAR PERSON TO THINK, IF I WERE TO ASK YOU IF THIS WAS YOUR PROPERTY, I MEAN THE LAND VALUE THERE IS EXPENSIVE AND IF HE'S GONNA BE AT A ZERO LINE, WELL AM I GONNA BE ALLOWED TO BUILD THAT A ZERO LOT LINE AND MATCH HIS HOUSE? THE ONLY WAY I CAN GET HIS KIND OF VALUE IS IF I DISREGARD THE MM-HMM.

, THE ONLY WAY I CAN GET THE SAME VALUE HE DOES IS IF I DO WHAT HE DOES, WHICH IS DISREGARD THE LAW, DISREGARD THE PERMITS, JUST BULLDOZE MY WAY IN, I BUILD IT AND THEN I COME HERE.

AND THAT'S FOR YOUR BLESSING TO REWARD ME FOR MY WRONGFUL BEHAVIOR THAT I KNEW WAS WRONGFUL.

RIGHT? I MEAN THE SOFTWARE ORDER AND THE SECOND PERMIT THAT'S UP THERE, SECOND LINE FROM THE BOTTOM OF THE WORK DESCRIPTION CLEARLY SAYS THE STOP WORK ORDER WAS ISSUED FOR PROPERTY BEING TOO CLOSE TO THE LINE.

IT WAS VERY CLEAR.

WELL, I I HAVE A QUESTION FOR YOU.

YES, SIR.

SO THE PREVIOUS HOME HAD A MUCH SMALLER FOOTPRINT, THE ROOF, THE ROOF, UH, DRAINAGE WAS MUCH DIFFERENT.

DID YOU NOTICE ANY DRAINAGE ISSUES BEFORE COMPARED TO TODAY? 'CAUSE FROM WHAT I CAN SEE FROM THE PHOTOS, IT'S A LARGE, UH, AREA OF ROOF DRAINED TO YOUR PROPERTY WHEN IT WASN'T THAT WAY BEFORE.

THAT IS CORRECT.

YOU KNOW, IT WAS TED IT BUILT THE

[02:30:01]

AND WHERE DID YOUR RUN OFF GO? WHEN IT, WHEN YOU GET HEAVY RAIN, WAS IT DRAIN TO THE STREET OR TO THE REAR? DO YOU KNOW? RIGHT NOW THE WATER? WELL, JUST HISTORICALLY, WELL, HISTORICALLY REALLY WASN'T AN ISSUE UNTIL HE BUILT THAT MASSIVE ROOF THAT OKAY.

JUST THANK YOU.

I MEAN, YOU SAW THE PICTURE AND YOU SAW THE MASSIVE ROOF.

I MEAN THAT IS A LOT OF WATER THAT HE JUST, I I UNDERSTAND.

AND IF YOU WOULD'VE CONFIRMED FOR THE ROOF REPORT, HE WOULDN'T HAVE, SO WOULDN'T HAVE QUALIFI BACK TO THE ROOF.

SO I'M, UM, I THINK WE'VE, WE'VE HEARD A LOT OF, UH, DIFFERENT TESTIMONY, A LOT OF DIFFERENT ISSUES.

ARE THERE ANY OTHER QUESTIONS THAT ANYONE WILL, ANYONE WOULD LIKE TO ASK EITHER THE APPLICANT, UM, OR THE NEIGHBOR? I HAVE ONE TO THE CITY ACTUALLY.

UH, PLEASE, PLEASE.

SO THE QUESTION IS, UH, IF THERE'S A STOP ORDER ISSUED, HOW DOES IT GET FREED? SO I, I'M NOT FAMILIAR WITH THAT PROCESS.

SO, SO WHEN SOMEONE COMES IN AND THERE'S A STOP ORDER, UH, WHAT IS NECESSARY FOR IT TO BE FREED THERE? STOP ORDER.

SO WHEN THE STOP WORK ORDER IS ISSUED, IT MEANS THAT THEY NEED TO, UH, RESOLVE THE ISSUES IN THIS CASE THE BUILDING PERMIT NEEDS TO BE APPLIED FOR.

UM, SO ONCE THEY APPLY FOR A BUILDING PERMIT, IT GOES TO THE APPROPRIATE REVIEWS, IN THIS CASE, ANY OF THE VARIANCE IN ORDER TO PROCEED WITH THE PROCESS.

SO IF THE VARIANCE IS APPROVED AND THEY CAN FINISH THE PERMITING PROCESS AND THEN PERMITS APPROVED AND THE STOCK WORK ORDER IS LIFTED IN.

SO WAS THERE ANY REC, WAS THERE ANY RECORD OF A REVIEW OR A RESUBMITTAL ANYTHING TO DO WITH THE BUILDING SETBACK? WELL, THAT'S WHY HE'S HERE TODAY.

SO IN ORDER FOR HIM TO GET THAT REVIEW, THEY, THEY WILL REVIEW IT UNTIL HE GETS THE VARIANCE FOR WHATEVER HE WANTS TO BUILD.

I GET IT.

SO HE BUILT THE WHOLE THING WITH NO PERMIT AND SO NOW WE'RE HERE.

CORRECT.

I WOULD LIKE TO ADD THAT I OBSERVED ON THE DIFFERENT PHOTOS THAT THE, THE ROOF USED TO HAVE AN OVERHANG, IT WAS CUT BACK AND APPARENTLY GUTTERS HAVE BEEN ADDED IN AN ATTEMPT TO ALLEVIATE CONCERNS OF DRAINAGE.

SO THAT'S SOMETHING I OBSERVED.

NOT TO GET OFF TOPIC, THIS JUST IS MORE FOR DELIBERATION, BUT I JUST WANNA MAKE SURE, IS THERE ANY MORE QUESTIONS? I HAVE A QUESTION FOR THE APPLICANT.

CO COMMISSIONER LAW.

SO YOU, HOW MANY PROPERTIES HAVE YOU FIXED UP AND FLIPPED? UH, SO FAR.

FOUR.

IS THIS FALSE FIRST BUILDING PERMIT YOU PULLED? NO, NO, NO.

WE HAD PERMIT FOR ALL THAT.

UH, EVEN THIS ONE WE HAVE PERMIT DIFFERENT, DIFFERENT PERMITS.

WE HAVE ROOF PERMIT, ALL THE PERMITS ARE THERE, BUT WE ARE WAITING FOR FINALS NOW BECAUSE THE HOUSE IS DONE.

AND THIS QUESTION CAME AFTER ALMOST CLOSE TO FOUR YEARS.

THEY IS IN MY HOUSE GOING UP, SO I'M NOT HIDING ANYTHING.

OKAY, GOT IT.

CAT, I'M NOT HIDING ANYTHING.

MY HUSBAND, HOW DO YOU, HOW DO YOU, I MEAN, OKAY, SO HE WAS BUILDING WITHOUT A PERMIT, SO THEY STOPPED.

THAT YOU'VE APPLIED FOR TRADE PERMITS, WHICH IS NOT BEING QUESTIONED, BUT THEN YOU HAD MENTIONED THAT YOU APPLIED FOR A BUILDING PERMIT AND YOU MAY HAVE APPLIED FOR THE INCORRECT TYPE OF BUILDING PERMIT, OR HE'S APPLIED FOR IT, BUT IT HASN'T BEEN ISSUED YET.

AND SO NOW WE'RE HERE, BUT HE SAYS THAT THEY PULLED A WHOLE BUNCH OF PERMITS, TRADE PERMIT, TRADE PERMITS FOR THIS PLACE, BUT THEY NEVER DID LIKE A MAIN PERMIT.

SO SOMETIMES YOU'LL HAVE TRADE PERMITS PULLED FIRST, UM, PLUMBING PERMIT, ELECTRICAL PERMIT FOR STRUCTURES THAT ALREADY EXIST.

UM, WHEN YOU, WHEN THERE MIGHT BE A CODE VIOLATION TO SAY, HEY, THERE'S MORE THAN JUST THIS GOING ON.

AND SO THE INVESTIGATION SHOW THAT NO BUILDING PERMITS WERE, WERE PULLED.

BUT IT HAPPENS A LOT.

LOTS OF PROPERTY OWNERS PULL JUST MECHANICAL PERMITS, UM, WHEN ACTUALLY THEY NEED GENERAL REPAIR PERMITS OR FULL BUILDING PERMITS.

UM, AND IT ALSO DEPENDS ON THE CONTRACTOR THAT THEY USE.

SO IT, I MEAN, IT, IT HAPPENS.

GOTCHA.

NO, I UNDERSTAND.

SO, SO YOU DIDN'T PULL FART BUILDING PERMIT? UH, I REMODEL PERMIT, REMODELING PERMIT.

THAT'S WHAT I WELL, BUT YOU DIDN'T, YOU MAY HAVE TRIED TO PULL A REMODELING PERMIT, BUT WHAT YOU ACTUALLY NEEDED WAS, WHAT YOU'RE TRYING TO GET THROUGH TODAY IS, IS ACTUALLY PROBABLY A BUILDING PERMIT BECAUSE OF THE ADDITION.

UH, I EVEN PUT A DRAWING ONTO, YOU CAN SEE IT IN A DRAWING THAT I SHOWED THEM A BACK PART OF IT BECAUSE I WASN'T GOING OUTSIDE.

SO I SHOWED THEM A DRAWING OF THE BACK PART OF IT AND I PUT LIKE, HOW MANY WALLS WE GONNA PUT UP? HOW MANY, HOW MANY, HOW MANY? OKAY.

BUT THE, BUT THE QUESTION IS WE'RE JUST TRYING TO ASCERTAIN WHETHER YOU, WHAT PERMITS YOU APPLIED FOR AND, AND YOU KNOW, DID YOU DO THEM IN A TIMELY MANNER? SO WHAT WE'VE HEARD IS

[02:35:01]

'CAUSE OF THE VARIANCE PROCEDURE, RIGHT? CORRECT.

I GET IT.

SO I DON'T WANNA FEEL LIKE WE'RE ASKING THE SAME QUESTION OVER AND OVER AGAIN IF THERE'S YEAH, THE PROBLEM IS THAT, THAT YOU WERE, THAT THERE WAS A WORK HAPPENING WITHOUT A, AN ACTUAL BILLING PERMIT WOULD'VE BROUGHT A LOT OF THESE ISSUES UP.

SO IS THERE ANY OTHER QUESTIONS? THIS QUESTION FOR STAFF? YES.

IF THE VARIANCE REQUEST IS DENIED TODAY, THEN WHAT WOULD THE APPLICANT HAVE TO CONFORM WITH? SO A COUPLE OF OPTIONS MIGHT BE LOOKED AT.

I'M NOT SURE IF IT QUALIFIES FOR AN INLINE ADDITION, BUT INLINE ADDITIONS, THEY'RE ONLY ALLOWED IF IT'S NO CLOSER TO THREE FEET.

UH, SO HE, THAT MAY BE SOMETHING THAT HE'LL HAVE TO LOOK AT OR, UM, COMPLY WITH THE FIVE FOOT BUILDING SETBACK, WHICH MEANS, UH, DECONSTRUCTION.

SO WITH THAT SAID, THE REQUESTED FOR THE APPLICANT, SO THE, THE, IT'S, IT'S A MINOR.

SO IN MY MIND, I DON'T KNOW IF WE'RE GONNA HAVE SUPPORT FOR FULL VARIANCE REQUEST AS YOU'RE PROPOSING.

WOULD THERE BE SOMETHING IN THE MIDDLE THAT YOU COULD LIVE WITH VERSUS COMPLYING WITH A FIVE FEET OR COMPLYING WITH AN INLINE TYPE VARIANCE? OR IT WOULD BE A, WOULD BE A TWO FOOT VARIANCE TO ALLOW A THREE FOOT IF THAT'S SOMETHING.

OR WOULD YOU LIKE US TO STICK VOTE NOW ON THE THUMB ON FIVE FOOT POLE VARIANCE REQUEST, YOU'RE SAYING DO THE TWO FEET.

I MEAN, LIKE WHEN YOU SAY IN LINE, WHAT'S, I'M NOT GETTING THAT.

SO STAT, THERE'S A PROCESS WHERE IF YOU HAVE AN EXISTING HOME AND YOU'RE DOING A SMALL ADDITION AND YOU'RE KEEPING IT IN LINE WITH THE, WITH THE EXISTING WALL MM-HMM.

, THERE'S A PROCESS FOR SUCH A THING.

I'M SURE THERE'S SPACE SQUARE FOOTAGE LIMITATIONS TO IT.

BUT THE ISSUE, THE ISSUE IS, IS THAT WITHOUT A SURVEY DETAILING WHERE YOU'RE AT AND SHOWING THAT YOUR EXISTING BUILDING IS AT LEAST THREE FEET OFF OF THE PROPERTY LINE, SUCH AN OBLIGATION MIGHT COME UNDER SOME SCRUTINY.

BUT THAT'S ONE AVENUE THAT YOU CAN PURSUE.

I DON'T THINK THE INLINE'S APPLICABLE, 'CAUSE THERE WAS NO WALL WITHIN FIVE FEET OF THE PROPERTY LINE, BUT HE HAD THE WALL.

SO BASED ON PICTURES I SAW IT WOULDN'T BE IN LINE BASED ON PICTURES I SAW.

IT SEEMED QUESTIONABLE THAT, THAT HE HAD THE, THE MINIMUM THREE FEET REQUIRED.

BUT REGARDLESS OF SOMETHING YOU COULD PURSUE, THE OTHER THING THAT COULD HAPPEN IS OUR BOARD CAN ENTERTAIN A MOTION.

AND THAT MOTION COULD BE FOR WHAT YOU'RE ASKING FOR OR IT COULD BE FOR, UH, WHAT STAFF IS RECOMMENDING AS AN ALTERNATE OR IT COULD BE SOMEWHERE IN BETWEEN.

SO, UM, WE'RE TRYING TO FIND OUT JUST YOUR OPINION, YOU KNOW, IF, UH, THE QUESTION WAS RAISED, IF YOU WERE TO, UH, BE GIVEN A TWO FOOT VARI SO THAT YOUR STRUCTURE WOULD'VE TO BE THREE FEET AWAY FROM THE PROPERTY LINE, IS THAT SOMETHING THAT YOU COULD LIVE WITH VERSUS FIVE FEET? YES.

I MEAN, KNOWING, KNOWING THAT THIS CASE IS, IS BEING OPPOSED AND STAFF IS RECOMMENDING DENIAL WITH AN ALTERNATE RECOMMENDATION.

I'M JUST ASKING THE QUESTION BEFORE WE, UH, ENTERTAIN A MOTION.

WELL DEFENSE HOW MUCH IT'S GONNA COST TO MOVE THE TWO FEEDBACK.

UH, WELL WITH THAT I THINK WE NEED TO MOVE FORWARD TO A MOTION.

I'M LOOKING FOR A COMMISSIONER TO MAKE A RECOMMENDATION UNLESS THERE'S SOMETHING ELSE.

UM, I HAVE A QUESTION.

BRIAN.

COMMISSIONER BRAD.

UM, WAS THE APPLICANT GIVEN AN OPPORTUNITY TO KNOW THERE'S ONLY NINE, THERE'S ONLY NINE MEMBERS HERE AND IF YOU WANT US TO CONTINUE THIS, WE WE CAN ENTERTAIN A MOTION FOR THAT AS WELL.

NORMALLY THE MOST WE CAN HAVE IS 11.

YEAH, I KNOW, I KNOW.

THERE'S ONE OF THE LADY WHO HELPED ME IN THE ZONING.

SHE'S NOT.

SO, UM, THAT'S SOMETHING WE'VE BEEN OFFERING TO PEOPLE TODAY WHO STAFF OR STAFF HAS BEEN RECOMMENDING, UH, DENIAL ESPECIALLY OR WHETHER THERE'S OPPOSITION.

SO WE'RE ALL GONNA OFFER THE SAME TO YOU AT THIS POINT.

I DUNNO, I DUNNO.

MY, MY SUGGESTION WOULD PROBABLY TO TAKE THE, THE OPPORTUNITY TO, UM, MOVE IT TO THE, AND WORK WITH STAFF TO SEE WHAT YOUR OPTIONS ARE.

YOU HEARD THE OPPOSITION FROM THE NEIGHBORS? MM-HMM.

KNOW WHAT THE SITUATION IS.

UM, AND THAT'LL BE AN OPPORTUNITY TO SEE MAYBE WORK WITH YOUR ENGINEER OR WORK WITH SOMEBODY TO DETERMINE WHAT THOSE COSTS ARE AND THE BEST POSSIBLE SOLUTION.

[02:40:13]

SOLUTION.

'CAUSE IF IT'S DENIED, THEY HAVE TO FIVE FOOT, RIGHT? MM-HMM.

SO THERE'S SOMETHING IN BETWEEN THAT, THAT WOULD BE, AND POSSIBLY WORK WITH YOUR NEIGHBOR TO SEE IF THERE'S SOME SOLUTIONS THAT MIGHT BE, UM, YOU KNOWABLE BETWEEN THE TWO OF YOU GUYS.

THAT, OKAY? DO WE HAVE A MOTION FOR A CONTINUOUS TO I WOULD SUGGEST SEPTEMBER 20? YES.

MOTION FOR REGARDING CASE NUMBER VO 8 21 DASH 1 0 3 0 0 0 9 0.

I MOVED, UH, FOR A CONTINUANCE IS SEPTEMBER 20TH.

SECOND, WE HAVE A MOTION BY COMMISSIONER ZUNA.

SECOND BY COMMISSIONER CRUZ STAFF, PLEASE TAKE A ROLL CALL, VOTE DISCUSSION.

UH, COMMISSIONER LOVE.

WELL SOMETIME MAY NOT BE HERE.

THANK YOU, DONALD.

UM, THE, I YOU, YOU KNOW, RAUL, MANNY MADE A PRETTY COMPELLING ARGUMENT, WHICH WAS, YOU KNOW, I IGNORE THE RULES AND I GET TO GO DO WHAT HE DID.

I, YOU KNOW, AT SOME POINT THERE'S GOTTA BE SOME ACCOUNTABILITY.

UM, MAN, IT'S, IT'S, IT'S TOUGH WHEN SOMETHING'S THERE, BUT IF YOU GET TO STOP WORK AND YOU KEEP GOING AND YOU KNOW, I, I MEAN YOU DO.

SO IT'S YOUR OWN PERIL.

AND SO AT SOME POINT IN TIME AND, AND, AND TO COME BACK HERE, I MEAN, I, I, YOU KNOW, THERE'S NOT ENOUGH ROOM FOR A PLUMBER TO GO.

HE'S GOTTA GO ON RAUL'S PROPERTY, YOU KNOW, TO GO CLEAN OUT THE SEWER AND, AND SO THERE'S NO EASEMENT, THERE'S NO, I I I DON'T YOU'RE NOT IN SUPPORT CONTINUANCE.

I I'M NOT, I'M NOT IN SUPPORT OF, OF, OF THIS VARIANCE PERIOD.

WELL WE'RE, WE'RE, WE'RE DEALING WITH THE CONTINUANCE.

SO, UH, STAFF, IF THERE'S NOT, PLEASE TAKE A ROLL CALL.

VOTE FOR THE CONTINUANCE.

MR. MINKA? I APPROVE MS. CRUZ.

SECOND.

APPROVE MR. MANNA.

I DO NOT.

MS. BRAGMAN, I APPROVE MR. DOWNER.

I DO NOT.

MS. FISHER, I APPROVE MR. LOVE.

NO.

MR. ANA? YES.

I APPROVE CHAIR ORION.

I ALSO APPROVE MAY MOTION FAILS.

UM, 6, 2 3.

I WAS GONNA SAY BEFORE YOU CALL THE VOTE, UM, AN OPTION FOR THE CONTINUANCE ALLOWS THE APPLICANT TO WORK ON SOME OPTIONS TO ADDRESS THE CONCERNS.

UM, LOOK INTO PERHAPS A, UH, LOOKING AT STAFF'S ALTERNATE RECOMMENDATION, UM, AND SEE IF THAT IS DOABLE.

BECAUSE THEN WHEN HE WOULD COME BACK, IF IT WAS DOABLE, HE COULD AMEND HIS REQUEST AND ASK WHAT WOULD BE CONSIDERED WOULD BE CONSIDERED THAT DAY.

I JUST WANTED TO OFFER THAT UP AS A, AS A REASON WHY FOR A CONTINUANCE.

OKAY, I UNDERSTAND.

UM, THERE ARE, THERE WAS THREE.

YEAH, THERE ARE THREE NO VOTES.

UM, SO BECAUSE THIS IS JUST AN ADMINISTRATIVE TYPE VOTE, YOU ONLY NEED A SIMPLE MAJORITY.

SO IT'S A MAJORITY OF 11, WHICH IS SIX.

YOU HAVE A CONTINUANCE TO, UM, SEPTEMBER 20.

UH, I'M GONNA REITERATE WHAT, UH, STAFF JUST REMARKED.

YOU HAVE A BRIEF MOMENT OF TIME TO, TO GET WITH STAFF, WE GET WITH YOUR NEIGHBOR.

MM-HMM.

, BECAUSE YOU'VE ALREADY HEARD THAT THERE WAS A LOT OF CONCERNS FROM THIS FORWARD.

WHEN YOU COME BACK, THOSE CONCERNS ARE NOT GONNA GO AWAY.

MM.

BUT WE WE'RE LOOKING FOR YOU TO, TO, UH, TO REALLY, UH, ALTER YOUR REQUESTS, BE MORE SPECIFIC ABOUT WHAT YOU'RE DOING TO MAKE PEOPLE HAPPY.

MM-HMM.

'CAUSE YOU, YOU'RE, YOU'RE KIND OF WALKING UPHILL ON THIS ONE, RIGHT? SO YOU HAVE UNTIL SEPTEMBER 20TH.

AND, AND YOU KNOW, I HOPE, I HOPE YOU DO GET WITH STAFFING AND YOUR NEIGHBOR AND COME UP WITH A SOLUTION THAT POSSIBLY WE CAN, WE CAN, UH, APPROVE.

WELL, THANK YOU.