* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:04] . [Call to Order] ALL RIGHT. I HEREBY CALL A, THIS, UH, MEETING OF THE BOARD OF ADJUSTMENTS TO ORDER, UH, STAFF. CAN YOU PLEASE HAVE THE SPANISH INTERPRETER, UH, MAKE THEIR OPENING STATEMENT? IT'S OKAY. THANK YOU. THANK YOU. UH, AND JUST AS A WARNING TO EVERYBODY, IF YOU COULD PLEASE, UH, SILENCE YOUR MOBILE DEVICES, UH, DURING THIS MEETING. UH, STAFF, PLEASE CONDUCT THE ROLL CALL. MR. VIN. PRESENT. MS. FISHER? PRESENT. MR. MANCHACA? PRESENT. MS. CRUZ? HERE. MR. MANA? PRESENT. MS. BRAGMAN? PRESENT. MR. DELMER? PRESENT. MR. TEAL? PRESENT. MR. OZUNA? PRESENT. CHAIR ORIAN. AND I'M ALSO PRESENT. THANK YOU AOR. MR. PRESENT? THANK YOU. UH, LET'S, UH, IF EVERYONE COULD PLEASE JOIN US. STAND US WITH THE PLEDGE OF ALLEGIANCE, ALL ALLEGIANCE TO THE FIRE, THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IS SANTA ONE NATION UNDER GOD AND IT WITH LIBERTY AND JUSTICE FOR ALL. SO, BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. THE BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. UH, FOLLOWING THE CONCLUSION, UM, OF THE VARIOUS CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS AND ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I WILL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. SO, WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN, INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35, AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 5. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY DECISION, AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION IN ORDER FOR A MOTION TO CARRY OR REQUIRES A CONCURRING VOTES OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE RELEASE OUGHT REST WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUEST REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE REC RECORD OF THESE PROCEEDINGS. APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. SO PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE. AND SO WITH THAT, WE ARE GONNA CALL THE FIRST CASE ON THE AGENDA, UH, CHAIR FIRST, I'M GONNA GO THROUGH SOME STATEMENTS. OH, PLEASE PROCEED. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES [00:05:01] A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXCEPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION IN ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION. YOU'LL BE CALLED IN ORDER THAT YOU SIGNED UP TO SPEAK. THOSE IN SUPPORT IN OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. YOU WILL HEAR A BEEP WHEN YOU, WHEN YOUR THREE MINUTES ARE UP. FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT, ALONG WITH AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU. CHAIR? YES. UH, SO IT LOOKS LIKE HER FIRST CASE HAS BEEN WITHDRAWN. SO THE NEXT ONE IS GONNA [2. 21-5159 BOA-21-10300092] BE CASE ENDING IN 92 AT 1907. WE WEST KINGS HIGHWAY. GOOD AFTERNOON BOARD KAYLA AL DEVELOPMENT SERVICES. UM, I'M GOING TO PRESENT THE, UH, NOTIFICATIONS THAT WE SENT OUT. SO STAFF MAILED 26 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET OF THE SUBJECT PROPERTY TO A RETURN IN FAVOR. NONE WERE RETURN IN OPPOSITION. WE DID RECEIVE OPPOSITION FROM THE JEFFERSON, UH, NEIGHBORHOOD ASSOCIATION. THE WOODLAWN LAKE COMMUNITY ASSOCIATION IS ALSO OPPOSED. AND THEN THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION IS OPPOSED. UM, AT THIS TIME, I AM GOING TO TURN IT OVER TO THE OFFICE OF HISTORIC PRESERVATION. THANK YOU. GOOD AFTERNOON. I'M EDWARD HALL FROM THE OFFICE OF HISTORIC PRESERVATION 1901 SOUTH ALAMO. UH, THANK YOU ALL FOR YOUR TIME THIS AFTERNOON. UM, UH, IF WE CAN GO TO THE NEXT SLIDE. I'LL BE RELATIVELY BRIEF. UH, THIS REQUEST IS AN APPEAL OF THE HISTORIC PRESERVATION OFFICER'S DENIAL OF THE REPLACEMENT OF THE RIBBON STRIP DRIVEWAY WITH THE SOLID CONCRETE DRIVEWAY AND THE REPLACEMENT OF THE FRONT CONCRETE WALKWAY AND TURF LANDSCAPE WITH FLAGSTONE. UH, JUST A BIT OF BRIEF CASE HISTORY. UH, THIS CASE WAS FIRST REVIEWED OR WAS REVIEWED BY THE HISTORIC AND DESIGN REVIEW COMMISSION ON JUNE THE 16TH OF THIS YEAR. UH, THE APPLICANT'S REQUEST WAS TO REPLACE THE EXISTING RIBBON STRIP DRIVEWAY WITH A SOLID CONCRETE DRIVEWAY AND TO REPLACE THE FRONT CONCRETE WALKWAY AND TURF LANDSCAPING WITH FLAGSTONE. UH, THAT REQUEST WAS DENIED ON THE BASIS THAT THE SITE HARDSCAPING AND LANDSCAPING MODIFICATIONS WERE NOT CONSISTENT WITH THE HISTORIC DESIGN GUIDELINES GUIDELINES FOR SITE ELEMENTS. NEXT SLIDE, PLEASE. UH, HERE ON THE SCREEN NOW WE HAVE THE APPLICABLE CITATIONS, WHICH ARE THE HISTORIC DESIGN GUIDELINES, CHAPTER FIVE, THE GUIDELINES FOR SITE ELEMENTS. UH, IF YOU ALL HAVE ANY QUESTIONS IN REGARDS TO THE GUIDELINES, I CAN ANSWER THOSE, UH, EITHER NOW OR MOVING FORWARD. FINDINGS, UH, I'LL GO OVER THESE BRIEFLY. UM, FINDING A IS IN GENERAL, UH, SPECIFIC TO THE HOUSE ITSELF. IT'S CONTRIBUTING STATUS TO THE MONTICELLO PARK HISTORIC DISTRICT FINDING B. UM, WE RECEIVED A, A CERTIFICATE OF APPROPRIATE IN THIS APPLICATION ON MAY THE FOURTH OF 2021. UH, STAFF WORKED WITH THE APPLICANT FROM MAY THE FIFTH TO MAY THE SEVENTH TO OBTAIN THE MISSING APPLICATION MATERIALS, UH, INCLUDING A NOTIFICATION THAT NO WORK HAS BEEN APPROVED OR HAD BEEN APPROVED AT THAT TIME. ON MAY THE 18TH STAFF RECEIVED A PHOTO, UH, PHOTO REPORTS THAT WORK WAS TAKING PLACE PRIOR TO APPROVAL. UH, STAFF ONCE AGAIN CONTACTED THE APPLICANT AND NOTED THAT WORK WAS THE STOP AND THAT NO WORK HAD BEEN APPROVED. UH, WORK CONTINUED THROUGH MAY THE 20TH AND BEYOND, DESPITE MULTIPLE NOTICES BEING SENT FROM THE OFFICE OF HISTORIC PRESERVATION TO THE APPLICANT, UH, FINDING C IN REGARDS TO THE DRIVEWAY. UM, I CAN GO INTO THIS IN DETAIL IF YOU ALL WOULD LIKE. I'LL BE BRIEF. I PROMISE I'LL READ IT VERBATIM SO THAT YOU CAN FOLLOW ALONG. THE APPLICANT HAS PROPOSED TO REPLACE THE RIBBON DRIVEWAY WITH THE FULL CONCRETE DRIVEWAY PER THE GUIDELINES FOR SITE ELEMENTS. FIVE B ONE. APPLICANT SHOULD RETAIN AND REPAIR AND PLACE HISTORIC DRIVEWAY CONFIGURATIONS SUCH AS RIBBON DRIVES AND INCORPORATE A SIMILAR DRIVEWAY CONFIGURATION MATERIALS WITH AND DESIGN TO THAT FOUND HISTORICALLY ON THE BLOCK OR ON THE SITE. STAFF FINDS THAT THE RIBBON DRIVEWAY IS A COMMON HISTORIC PATTERN WITHIN THE 1900 BLOCK OF WEST KINGS HIGHWAY AND THROUGHOUT THE MONTICELLO PARK. HISTORIC DISTRICT STAFF FINDS THAT RIBBONS SHOULD BE RESTORED. THE APPLICANT MAY RESUBMIT AN ALTERNATE DRIVEWAY PATTERN OR PLAN WITH PERMEABLE MATERIALS THAT WOULD STILL MAINTAIN THE DRIVEN RIBBON STRIP DRIVEWAYS. UH, AND THEN IN REGARDS TO WALK THE TO THE WALKWAY AND THE HARDSCAPING, UH, THE GUIDELINES FOR SITE ELEMENTS FIVE A TWO NOTES THAT APPLICANTS SHOULD REPLACE THOSE PORTIONS OF STAIRS, WALKWAY, [00:10:01] BLACKSTONE, WALKWAYS THAT ARE DETERIORATED BEYOND REPAIR, UM, IN KIND. SO CONCRETE SHOULD BE REPLACED IN KIND OR REPAIRED AS NEEDED TO MATCH THE PROFILE OF THAT WHICH IS EXISTING. UM, AS WE NOTE OR HAS BEEN NOTED, THE APPLICANT REPLACED WITH FLAGSTONE A MATERIAL THAT'S NOT FOUND HISTORICALLY ON THE SITE, AND THEREFORE NOT CONSISTENT WITH THE HISTORIC DESIGN GUIDELINES. UM, I DON'T BELIEVE THAT I NEED TO GO ANY FURTHER ONTO THIS SLIDE. UH, I CAN REVISIT THOSE HERE IN A, IN A BIT TO ANSWER ANY QUESTIONS THAT ARE NEEDED. UH, NEXT SLIDE PLEASE. UH, STAFF'S RECOMMENDATION, THE OFFICE OF HISTORIC PRESERVATION STAFF DOES NOT RECOMMEND APPROVAL OF THE APPEAL. STAFF RECOMMENDS THAT THE BOARD OF ADJUSTMENT UPHOLD THE HISTORIC PRESERVATION OFFICER'S DENIAL OF A CERTIFICATE OF APPROPRIATENESS FOR THE REPLACEMENT OF THE RIBBON STRIP DRIVEWAY WITH A SOLID CONCRETE DRIVEWAY AND THE REPLACEMENT OF THE FRONT CONCRETE WALKWAY AND TURF LANDSCAPING WITH FLAGSTONE. UM, IF YOU ALL HAVE ANY QUESTIONS FOR ME, I'D BE HAPPY TO ANSWER THOSE AT THIS TIME. UH, THANK YOU. UH, THIS TIME WE'RE GONNA HEAR FROM THE APPLICANT. SIR, IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS, UH, FOR THE RECORD AND YOU CAN BEGIN YOUR PRESENTATION. UH, MY NAME IS ERIC SCHNEEMAN. I'M AT 1907 WEST KINGS HIGHWAY, UH, SAN ANTONIO, TEXAS 7 8 2 0 1. UM, SO FIRST, THE HISTORIC DISTRICT HAS SAID THAT THE RIBBON DRIVEWAY IS CONSISTENT WITH THE HISTORY OF THE NEIGHBORHOOD OF THE 1900 BLOCK. UM, I ACTUALLY DREW INSPIRATION FROM, UH, NOT ONLY MY BLOCK, BUT THE BLOCKS, UM, AROUND ME. AND AS YOU CAN SEE, WE HAVE MANY SOLID, UH, DRIVEWAYS, UH, SOME OF WHICH DESPERATELY NEED REPAIRS. YOU CAN SEE RIGHT THERE IF YOU COULD PLEASE, UM, MOVE FORWARD. UH, WE WENT THROUGH AND GRABBED, UH, MANY PHOTOS. AS YOU CAN ALSO SEE, THE MANY RIBBON DRIVE DRIVEWAYS HAVE BEEN FILLED IN, UM, IN ADDITION TO JUST BEING RIPPED UP AND REPLACED WITH A SOLID DRIVEWAY, IF YOU COULD PLEASE. UM, AS YOU CAN SEE, FLAGSTONE IS ANOTHER, UH, POPULAR BUILDING ITEM, UM, AS SEEN IN THIS NEIGHBORHOOD AS WELL. UM, AGAIN, MORE RIBBON DRIVEWAY BEING FILLED IN. UH, HERE WE HAVE A SOLID DRIVEWAY, UH, WITH A NICE SOLID WALKWAY AS WELL, LEAVING UP TO THE FRONT DOOR. UM, AGAIN, SORRY. MY PARENTS LOVE TO TAKE PHOTOS, UM, AND SHARE THEM WITH, UH, WITH FOLKS. UH, AND THEN AGAIN, YOU CAN SEE MORE RIBBON DRIVEWAYS BEING FILLED IN, MORE OF THEM, UH, FALLING INTO DISREPAIR, UM, AS WELL, UM, YOU CAN MOVE FORWARD. AGAIN, HERE'S MORE EXAMPLES OF THOSE. UM, HERE'S SOME HARDSCAPE, UH, THAT IS BEING PUT IN, UH, VERY SIMILAR TO MINE. UM, SORRY. UH, THIS WAS MY WALKWAY. AS YOU CAN SEE, IT IS FALLING IN DISREPAIR. AND HERE'S THE DRIVEN WRI, UM, DRIVEN, UH, RIBBON DRIVEWAY AS I HAD PURCHASED IT. UH, THE REASON FOR NEEDING TO REPLACE IT AND NEEDING TO REPLACE IT QUICKLY WAS THAT MY FATHER WAS COMING TO VISIT. HE HAS ARTHRITIS IN THE KNEES. I'VE NOTICED IN THE BOARD OF ADJUSTMENT GUIDELINES, YOU TALK ABOUT SAFETY, UH, AND BEING, MAKING THINGS ACCESSIBLE. AND THAT'S WHAT I WAS TRYING TO DO, UH, FOR MY HOME, IS TO MAKE SURE THAT IT WAS SAFE FOR MY DAD. UH, HE WOULD TRIP OFTEN GOING FROM THE SOFT SURFACE TO THE HARD SURFACE. UH, SO IT MADE IT VERY DIFFICULT FOR HIM TO, UM, ENTER AND EXIT, UM, THE HOUSE AS WELL. UH, NEXT SLIDE, PLEASE. UM, AGAIN, IF YOU LOOK AT THE PICTURE ON THE RIGHT HERE, THIS IS THE ENTRANCE TO THE HISTORIC DISTRICT. UH, THIS IS WHAT GREETS PEOPLE AS THEY ENTER INTO THE MONTICELLO HISTORIC DISTRICT, UM, WHICH I FEEL THAT I'M WORKING TOWARDS IMPROVING, UH, THE NEIGHBORHOOD AND WORKING TOWARDS IMPROVING, UH, THE VISIBILITY AND, AND ENHANCING THE HISTORY OF THE NEIGHBORHOOD AS WELL. UM, AND THEN ALSO, SO MY HOUSE IS ON THE FAR RIGHT THERE AS YOU CAN, UM, ON THE, ON THE LEFT HAND PHOTO. UM, SO THIS IS THE LOVELY, UM, UH, SOFA, OLD SOFA THAT MY NEIGHBORS HAD LEFT OUT, UH, RIGHT AFTER I HAD, UH, REBUILT THE REDONE THE DRIVEWAY THERE. AS YOU CAN SEE, FLAGSTONE IS IN FACT A PART OF MY, UH, CHIMNEY. UM, SO THE WAY OF TRYING TO BRING IN FLAGSTONE TO THE DRIVE, UH, TO THE DRIVEWAY WAS A WAY OF ENHANCING THE CHIMNEY. UM, AS WELL, AGAIN, YOU CAN SEE THE FLAGSTONE ON MY CHIMNEY. UH, ON THE LEFT HAND SIDE THERE YOU CAN SEE THE ORIGINAL WALKWAY, WHICH IS, WHICH WAS BROKEN UP AND IN DISREPAIR. UM, I DIDN'T REALLY NECESSARILY HAVE A LAWN, BUT INSTEAD, UH, WONDERFUL WEEDS AS WELL. UM, AND THAT IS WHAT IT HAS BEEN, UH, REPLACED WITH. UM, AND THEN, UM, THIS WAS THE PLAN. I ADMIT. UM, I SHOULD HAVE DONE A MORE PROFESSIONAL, UH, WELL-DESIGNED PLAN. THIS IS MY FIRST TIME AS A HOMEOWNER. UM, AND I DID NOT REALLY FULLY UNDERSTAND WHAT I HAD STEPPED INTO, UM, BEFORE THIS. IT HAD BEEN TAKEN CARE OF, UH, BY LANDLORDS AND WHAT HAVE YOU. UM, SO YES, I, I UNDERSTAND THAT I, I MADE A MISTAKE WHEN IT CAME TO REPORTING, BUT AT THE SAME TIME, AS I SAID, THIS WAS THE FIRST TIME OWNING A HOUSE. UM, AND THEN THIS WAS THE SELLER'S NOTIFICATION. [00:15:01] AND I HIGH, UH, NEXT SLIDE, PLEASE. AND I HIGH. NEXT SLIDE, PLEASE. UM, AND NEXT SLIDE, PLEASE. AND I HIGHLIGHTED HERE AT THE END, UM, THAT, UH, THE HOMEOWNER, UM, THAT, YOU KNOW, THAT THERE ARE NO, HE'S, HE'S NOT MARKING THERE AN N UM, NOTING THAT THERE ARE NO HOMEOWNERS ASSOCIATIONS OR MAINTENANCE FEES OR ASSESSMENTS. SO, UH, THIS MONTICELLO HOMEOWNERS ASSOCIATION, I DIDN'T EVEN KNOW THAT EXISTED, UM, BEFORE I BEGAN ALL OF THIS, THIS, ALSO, THIS JEFFERSON ASSOCIATION. I, I, I DID NOT KNOW THAT THERE WAS ANYTHING LIKE THAT. I RECEIVED NO NOTIFICATION FROM THEM OR ANYTHING. UM, AGAIN, WHEN I RECEIVED FROM THE HISTORIC ISTIC, I, I ADMIT I SHOULD HAVE, I REALIZED I SHOULD HAVE STOPPED, BUT AT THE SAME TIME, I HAD, IT HAD BEEN CREATED A, UM, UH, YOU KNOW, IT WAS A TRIPPING HAZARD, BASICALLY. AND AGAIN, I HAD MY FATHER COMING TO VISIT, AND I WAS WORRIED ABOUT HIS SAFETY AND THE SAFETY, UM, OF OTHERS COMING TO VISIT THE HOME AS WELL. SO, I'M OKAY. OKAY. THANK YOU VERY MUCH. UH, WHILE YOU'RE UP HERE, WE'RE GONNA SEE IF THERE'S ANY COMMISSIONER QUESTIONS FOR YOU. OKAY. UH, ARE THERE ANY QUESTIONS? WE'LL START TO THE LEFT, START TO THE RIGHT. ZUNA. COMMISSIONER ZUNA, I SAW A NUMBER OF PICTURES THAT YOU PRESENTED AS EVIDENCE TO US TODAY. DO YOU HAVE ANY ADDRESSES FOR THOSE HOMES THAT YOU SHOWED THE PICTURES FROM, UH, FOR US TO KIND OF, UH, REFERENCE BACK TO? UM, NO, I DIDN'T. I DIDN'T, UM, I DIDN'T HAVE THEM PUT THE ADDRESS ON THERE. I DIDN'T WANT PEOPLE THINKING THAT I WAS, YOU KNOW, TRYING TO KIND OF, I WAS JUST MAINLY FOCUSED ON THEIR DRIVEWAYS. JUST CURIOUS. 'CAUSE IT, IT'S HARD FOR ME TO, TO ACCEPT THE, THE TESTIMONY WITHOUT THE ADDRESSES SHOWING WHERE, BUT I, I UNDERSTAND WHAT YOU'RE SAYING, BUT AS I, AS I SAID, THOSE, THOSE HOUSES WERE, THEY'RE FOUND ON MY BLOCK OR THEY'RE FOUND ON THE BLOCK OVER MANNA COMMISSIONER MANNA. SO, UM, WHEN HE PURCHASED THE HOME, DID YOU REALIZE THAT IT WAS IN A HISTORIC DISTRICT? UM, I REALIZED THAT IT WAS IN A HISTORIC DISTRICT, ONLY IN THE SENSE THAT IT WAS TOLD IT, I WAS TOLD THAT IT WAS A HISTORIC DISTRICT. I, I WAS NOT GIVEN ANY INFORMATION, UM, REGARDING WHAT THAT MEANT. SO WHEN I PURCHASED THE HOME, IT WAS RIGHT BEFORE THE HUGE SNOW STORMS THAT HAD HIT. SO I ADMIT THAT THE HISTORIC DISTRICT SOCIETY PROBABLY COULDN'T GET OUT. UM, I KNOW THEY LEAVE LITTLE DOOR HANGERS AND THINGS LIKE THAT. UM, SO I HAD COMPLETELY MISSED ALL OF THAT PART OF IT. UM, AND AGAIN, MY, MY SELLER, THIS WAS THE FIRST TIME, I MEAN, MY, SORRY, MY AGENT HE HAD, HE JUST SAID, YOU'RE IN A HISTORIC DISTRICT. UM, AND AGAIN, AS I SAID, WITH WHAT THE SELLER WAS DISCLOSING TO US, THAT THERE WAS NO OTHER PERTINENT FEES OR ASSOCIATIONS OR ANYTHING ALONG THOSE LINES. SO, SO, YOU KNOW, PART OF THE, I GUESS, CHALLENGE FOR PEOPLE, UH, MOVING INTO HISTORIC DISTRICTS IS THERE'S A, YOU KNOW, OBLIGATION TO MAINTAIN THAT HISTORY. YOU KNOW, SO THAT'S, SO THAT'S ONE OF THE THINGS THAT PEOPLE ARE SEEKING. SO, UM, YOU KNOW, SO, UM, WITH REGARDS TO THE FILLING IN OF THE, THE DRIVEWAY, YOU KNOW, YOU SHOWED A FEW PICTURES WHERE IT WAS STILL, UH, STRIPS, BUT THE CENTERS WERE FILLED IN, RIGHT? RIGHT. SO, SO THAT, I THINK, UH, WE NEED TALK TO HISTORIC PRESERVATION, BUT I THINK THOSE OPTIONS STILL COUNT AS, YOU KNOW, LIKE A STRIP. SO WORD APPEARS THAT YOU, UH, MADE A FULL CONCRETE PIECE. RIGHT. SO SOLIDLY CONCRETE. SO, UM, SO THAT'S A LITTLE BIT DIFFERENT. UM, OKAY. THANK YOU. OKAY. UM, SORRY. UH, ANY OTHER QUESTIONS? KEVIN? UH, COMMISSIONER, LOVE WHAT, I MAY HAVE MISSED THIS, BUT WHAT ARE YOU PROPOSING TO DO WITH YOUR DRIVEWAY ON THE, OR YOU WANNA MAKE IT SOLID CONCRETE, OR ARE YOU GONNA BREAK IT SOMEHOW? IT, IT IS ALREADY SOLID CONCRETE WITH, UM, FLAGSTONE. UM, AND I WANT TO KEEP IT, CAN WE GO BACK TO A PICTURE OF IT? 'CAUSE I MISSED THAT STAFF. IF YOU CAN BRING UP, I THINK IT'S PAGE TWO, RIGHT AFTER THE ZONING PICTURE. IT'S, IT'S ON THE STAFF REPORT, THE ATTACHMENTS. SO AS YOU CAN SEE, ONE ON THE LEFT THERE IS WHAT, YEAH. YOU SEE, SO HE HAS LIKE A, THE CENTER OF ITS FLAGSTONE AND IT'S CONCRETE BEFORE AND AFTER. YEAH. AND THEN I'VE, I'VE PLANTED SOME PLANTS IN THERE, UH, ESPECIALLY A POLLINATOR GARDEN, UH, ESPECIALLY FOR THE BUTTERFLIES. THAT'S WHAT I'M FOCUSED ON. OKAY. UH, ANY OTHER QUESTIONS? COMMISSIONER MIN CHACO MIN CHACO. IS THIS FOR STAFF? UH, WAS IMPERVIOUS COVER COVERED ON THIS? THE PERCENTAGE? UH, NO. THIS IS JUST FOR THE APPEAL OF THE O H P DECISION. [00:20:02] OKAY. UM, I HAVE A QUESTION. UH, SO SIR, ON THE VARIOUS PICTURES THAT YOU SHOWED, UH, THERE WAS SOME DRIVEWAYS THAT HAD A LOT OF, UH, GRASS GROWING BETWEEN, WERE THOSE LARGE PANELS OF CONCRETE, OR WERE THEY JUST CRACKED WITH GRASS GROWING THROUGH THAT MADE IT LOOK LIKE IT, IT WAS EITHER FLAGSTONE OR LARGE PIECES OF CONCRETE BLOCK? N NO. SO MOST, MOST OF THE DRIVEWAYS IN MY NEIGHBORHOOD, UM, ARE ACTUALLY, I SHOULDN'T SAY MOST OF THEM, BUT THE ONES THAT HAVE NOT HAD ANY SORT OF MAINTENANCE ARE STILL CONCRETE WITH GRASS GROWING THROUGH. SO THEY'RE CRACKED. UM, THEY HAVEN'T BEEN, IT WAS JUST A UNIFORMITY TO SOME OF THEM. AND I WAS WONDERING IF THERE WAS AN INTENT FOR A LARGER FLAGSTONE PIECE. OKAY. UM, IF THERE'S NO OTHER QUESTIONS FOR THE APPLICANT, I'D LIKE TO BRING THE STAFF, UH, O H P BACK UP. SO, MANNA? YES. COMMISSIONER MANNA. SO THIS QUESTION MAY BE FOR STAFF. SO DO WE KNOW, UH, THIS PROPERTY OR THIS AREA WAS, UH, LABELED HISTORIC, UH, DESIGNATION? I WANNA SAY 2015? I WOULD HAVE TO LOOK TO BE CERTAIN. UH, IT WAS POTENTIALLY 2008 OR 2010 WHEN THE LAST OF THE PHASE FOR MONTICELLO PARK WAS, UH, REZONED FOR HISTORIC. UM, UM, I WILL SAY IT'S BEEN ZONED HISTORIC FOR IF MORE THAN 10 YEARS. THANK YOU. YES, SIR. OKAY. COMMISSIONER ZUNA? YES. SO THE QUESTION IS FOR STAFF. HOW, HOW WAS THIS CASE ORIGINATED AND HOW WAS THE, UH, UH, NOTICE PROVIDED TO THE APPLICANT? UH, THIS CASE ORIGINATED, UM, O H P STAFF COMMONLY RECEIVES, UH, REPORTS FROM NEIGHBORS WITHIN HISTORIC DISTRICTS, UH, IN REGARDS TO VIOLATIONS. UH, IF WE ALREADY HAVE AN INDIVIDUAL'S CONTACT INFORMATION ON FILE, WE'LL SEND THEM A COURTESY EMAIL THAT BASICALLY SAYS, WE'VE RECEIVED THIS REPORT. THERE'S A PHOTO ALONG WITH IT. WE'LL SAY, THIS IS WHAT THE PHOTO SHOWS, THIS IS WHAT WE HAVE ON FILE. WE'RE GONNA MAKE A SITE VISIT TODAY OR TOMORROW TO FOLLOW UP. AND THEN ONCE STAFF MAKES THAT SITE VISIT, WE ISSUE A VIOLATION NOTICE ON SITE. UH, IF WE FIND A CONTRACTOR OR A HOMEOWNER ON SITE, WE HAND THAT TO THEM AND WE SPEAK TO 'EM ON SITE. IF NOT, IT'S POSTED. UH, WE THEN FOLLOW UP WITH AN EMAIL. UH, BASICALLY THAT EMAIL IS ANOTHER CONFIRMATION OF A STOP WORK ORDER, OR BASICALLY, YOU DON'T HAVE APPROVAL FOR THIS, PLEASE STOP ANYTHING THAT YOU DO FURTHER THAN THIS IS SOMETHING THAT'S GONNA HAVE TO BE RESOLVED LATER. UH, SO, UH, VIA EMAIL, VIA POST-IT NOTICE, DO WE, WHAT STAGE WAS THE PROJECT IN WHEN THE FIRST, UH, STOP NOTICE OR NOTIFICATION WAS GIVEN TO THE, UH, APPLICANT? UH, I WOULD SAY MAYBE 20%. UH, THE SITE HAD BEEN GRADED AND MATERIALS WERE STACKED ON PALLETS. UM, AFTER A FOLLOW UP, I'M SORRY. GO AHEAD. UH, MR. SHE, YOU CAN JUST TAKE A SEAT. WE'RE GONNA BE ASKING STAFF SOME QUESTIONS. UH, PLEASE PROCEED. OH, UM, THE MATERIALS HADN'T BEEN INSTALLED YET. UH, WE THEN RECEIVED ANOTHER REPORT THAT WORK WAS CONTINUING, UH, AND THEN AT THAT POINT, UH, REALIZED THAT WORK HAD BEEN COMPLETED. UH, SO, OKAY. UH, I HAVE A, SO IN, IN, IN SOME OF THE LANGUAGE OF THE HISTORIC GUIDELINES, IT TALKS ABOUT IF YOU HAVE FLAGSTONE OR REPLACE IT WITH FLAGSTONE, IF, IF CONCRETE PLACED WITH THE CONCRETE. SO WITH THESE STANDARDS BEING IN PLACE FOR 10 YEARS, UH, WE DID SEE SOME PICTURES, UH, FROM THE SURROUNDING AREA THAT DID HAVE SOME FLAGSTONE. UH, IF YOU'RE FAMILIAR WITH THE AREA, CAN YOU PLEASE TALK ABOUT HOW MANY HOMES, YOU KNOW, HAD FLAGSTONE AND MAYBE WHICH ONES WERE CONVERTED TO FLAGSTONE PRIOR TO IT BEING HISTORIC DESIGNATION? BECAUSE IF THIS WAS HISTORICALLY A RIBBON CONCRETE DRIVE, THE FLAGSTONE HAD TO COME AT SOME POINT. AND SO I'M JUST TRYING TO FIGURE OUT, YOU KNOW, WHAT, HOW OFTEN IT MAY BE SWITCHED OVER TO FLAGSTONE. PRIOR TO THIS STORY, I, I WOULDN'T HAVE THE INFORMATION IN FRONT OF ME TO BE, I I, TO BE HONEST, I CAN'T ANSWER YOU FACTUALLY. UM, I MEAN, IT WOULD BE A GUESS IF I SAID ANYTHING. UM, I WILL SAY THIS, UM, PREDOMINANTLY YOU'RE GONNA SEE A PATTERN WITHIN THE DISTRICT. HISTORICALLY, THAT PATTERN IS THE RIBBON STRIP DRIVEWAY, UH, WITH A SOLID CONCRETE WALKWAY THAT LEADS TO THE FRONT PORCH FROM THE SIDEWALK AT THE PUBLIC RIGHT OF WAY. AND, AND THEN WHAT DOES O H P STANCE ON? IT WAS A REMARK MADE BY THE APPLICANT THAT HE, HE HAD A, UH, HIS A RELATIVE COMING TO STAY WITH HIM, WHO, WHO HAD, UH, PHYSICAL IMPAIRMENTS. I KNOW THE FAIR HOUSING ACT WOULD ALLOW, UM, CERTAIN DEVIATIONS, UH, ONE OF THEM MIGHT BE A RIBBON DRIVE TO A SOLID SURFACE DRIVE. WHAT IS O H P STANCE WHEN THOSE SORT OF, UH, INQUIRIES ARE MADE OR REQUESTS? UH, I'M NOT FOR SURE IF THE APPLICANT BROUGHT THAT TO OUR ATTENTION. UM, HOWEVER, THE UNIFIED DEVELOPMENT CODE NOTES THAT A CERTIFICATE OF APPROPRIATENESS IS NEEDED. UH, O H P STAFF IS OUR TASK IS TO UPHOLD THE U D C AND THE U D C STANDARDS AND THE REQUIREMENTS FOR A CERTIFICATE OF APPROPRIATENESS. UM, THERE'S NOT AN ADMINISTRATIVE TASK FOR STAFF TO IGNORE THAT, TO GRANT ANOTHER, UH, TO GRANT A VARIANCE OR SOME OTHER PERMISSION. UH, [00:25:01] SO O H P STAFF IN ISSUING THE STOP WORK ORDER AND NOTING TO THE APPLICANT THAT NO WORK WAS BEING DONE, WE'RE SIMPLY TRYING TO UPHOLD WHAT THE UNIFIED DEVELOPMENT CODE SAYS IS THE LEGAL PROCESS FOR A CERTIFICATE OF APPROPRIATENESS. AND THEN ONE LAST QUESTION. UH, THE, THE FLAGSTONE CHINEY THAT HE HAS HIM, HIS ATTEMPT TO MATCH THAT WITH THE SURFACE, DOES THAT HAVE ANY PLAY WITH, UH, YOUR, YOUR, UH, DETERMINATION OF FINDINGS? NO, SIR. UM, THAT'S AN ARCHITECTURAL ELEMENT THAT'S HISTORIC TO THE HOUSE, UH, THAT SHOULDN'T BE EQUATED OR RELATED TO, UH, LANDSCAPING ELEMENTS. OKAY. THANK YOU. ARE THERE ANY QUESTIONS, UH, FOR STAFF OR FOR THE APPLICANT FROM THE REST OF THE COMMISSION? NO. ALL RIGHT. UH, YOU CAN THANK YOU A SEAT. UH, SO, UM, BEFORE YOU CALL THE APPLICANT UP, WE DO HAVE PUBLIC COMMENT. OH. PLEASE PROCEED WITH COMMENT. BIANCA MALDONADO. GOOD AFTERNOON. MY NAME IS BIANCA MALDONADO. I RESIDE AT 4 57 CLUB DRIVE. I'M A MEMBER OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION WHOSE BOUNDARIES WERE PART OF THE INITIAL FOUNDING BOUNDARIES OF THE HISTORIC DISTRICT. THERE WERE SIX STREETS IN OUR NEIGHBORHOOD THAT BECAME THE CREATION OF THE HISTORIC DISTRICT IN 1995. THERE WERE FOUR SUBSEQUENT ADDITIONS THAT WERE MADE TO OUR HISTORIC DISTRICT AND ENCROACHED INTO THE JEFFERSON AND THE MONCHO, OR THE WOODLAWN LAKE COMMUNITY ASSOCIATION. THIS HOUSE LOCATED ON THE 1900 BLOCK OF WEST KINGS HIGHWAY WAS ADDED IN 19, IN 2010. IT HAS BEEN IN THE HISTORIC DISTRICT FOR 11 YEARS. YOU SAW PICTURES TODAY OF HOMES WITH OR WITHOUT A RIBBON DRIVEWAY. BUT NOTICE NO ADDRESSES WERE PROVIDED TO VERIFY IF A CERTIFICATE OF APPROPRIATENESS WAS OBTAINED FOR ANY MODIFICATIONS THAT WERE HAVE OCCURRED ONTO THOSE HOMES. ALSO, THE MOST CRITICAL PIECE ABOUT A HISTORIC DISTRICT IS TO PRESERVE. SO WE UNDERSTAND THAT MODIFICATIONS HAPPEN PRIOR TO THE CREATION OF A HISTORIC DISTRICT, AND THAT'S WHY IT'S MORE IMPOR IMPORTANT TODAY TO ADHERE TO THE STANDARDS. I MEAN, WE'RE VERY THANKFUL THAT PEOPLE WANNA INVEST IN THEIR HOMES, BUT THERE'S A PROCESS AND PROCEDURE IN PLACE. ALL THIS WORK WAS COMPLETED BEFORE THE H D R C HEARING. SO IN YOUR CASE FILES WHERE IT SAID CODE COMPLIANCE HISTORY, IT SAID NONE AVAILABLE. THEY WERE ISSUED A STOP WORK ORDER. IT'S VERY SAD THAT RESOURCES FROM O H P WERE EXERCISED TO TRY TO BRING SOMEBODY IN COMPLIANCE, AND YET THE WORK COMPLETED AND WHAT'S COMPLETELY DONE, AND STATING THAT OTHER HOMES HAVE FLAGSTONE, THERE ARE MAYBE A HANDFUL THAT ARE EVEN ORIGINAL OUT OF ALL THE HOMES IN MONTICELLO PARK HISTORIC DISTRICT. AND THE CITY OF SAN ANTONIO FOLLOWS THE SAME GUIDELINES THAT HOMEOWNERS DO FOR THESE INFRASTRUCTURE IMPROVEMENTS THAT THEY MADE. SO THE CITY HAD DONE BOND IMPROVEMENTS IN THE HISTORIC DISTRICT ON MISSILE TOE, MAGNOLIA WEST ATCH, AND I'M TALKING ABOUT MILES OF STREETS THROUGH THE HISTORIC DISTRICT, LAKE BOULEVARD, DONALDSON F THESE, AND YOU'RE GETTING READY TO DO QUENTIN TOO. SO WHEN THE CITY ITSELF FOLLOWS THE REGULATIONS FOR PATTERNS OF DEVELOPMENT TO ENSURE THAT WE CAN RESTORE THE SIGNIFICANCE OF THESE, UM, CHARACTERISTICS, IT'S VERY IMPORTANT. AND SO THAT'S WHY WE CAME HERE TODAY, BECAUSE WE'RE A STAKEHOLDER IN THIS. YOU KNOW, WE WERE THE BEGINNING, THEY TOOK OUR NAME AND IT WENT INTO THE HISTORIC DISTRICT FROM OUR NEIGHBORHOOD ASSOCIATION. SO I TOLD 'EM IT'S REALLY IMPORTANT TODAY TO ENSURE THAT WE'RE AVAILABLE TO ANSWER ANY QUESTIONS. I'VE LIVED IN THE NEIGHBORHOOD FOR 17 YEARS. I'VE SERVED ON THE HISTORIC DESIGN AND REVIEW COMMISSION. I SERVE ON A COMMITTEE WITHIN OUR NEIGHBORHOOD ASSOCIATION THAT REVIEWS THESE CASES AS THEY GO BEFORE H D R C EVERY TWO WEEKS. WE ACTUALLY COMMENTED ON THIS CASE. WE COMMENTED THAT WE WERE IN SUPPORT OF OH, P'S DECISION AND THEIR DIRECTION IN THIS CASE. AND WE ASK THAT YOU UPHOLD THAT, PLEASE. UM, FOR CONSISTENCY IN ENSURING THE INTEGRITY OF OUR HISTORIC DISTRICT. I ALSO WANTED TO NOTE THERE ARE HISTORIC DISTRICT SIGNS, WHICH IS VERY UNUSUAL. NOT VERY MANY HISTORIC DISTRICTS HAVE SIGNS. OUR DISTRICT IS SIGNAGE ON THE BOUNDARIES ON THE ENTIRE AREA. MA'AM, UH, ARE YOU'RE ON THE CITY H D R C? I WAS, I SERVED, YES, SIR. OKAY. HAS IT BEEN TWO YEARS SINCE YOU'VE GOTTEN OFF? IT'S BEEN 10 YEARS. 10 YEARS, OKAY. I JUST WANTED TO MAKE SURE SHE WAS ALLOWED TO COME BEFORE. THANK YOU. PLEASE CONTINUE. NO, THANK YOU. NO, I DO. I'M VERY MUCH AWARE OF THE RESTRICTIONS. SO, A AND THANK Y'ALL FOR YOUR SERVICE. I MEAN, MY MOST IMPORTANT PIECE TODAY WAS TO PROVIDE YOU SYMMETRICAL HISTORY OF THE HARD WORK THAT NEIGHBORHOODS PUT FORTH TO PRESERVE THE INTEGRITY OF THEIR HOMES. IT IS UNFORTUNATE YOU DO HAVE EMERGENCY SITUATIONS. I HAVE HOPED HELPED HOMEOWNERS THROUGH THE PROCESS OF HAVING TO GET AN A D A RAMP INSTALLED WHEN THEY HAD A BROKEN LEG OR THEY SEVERED A LIMB. ALL THESE THINGS. O H P HAS BEEN GREAT TO WORK WITH PROPERTY OWNERS. WHEN YOU GO THROUGH THE PROCESS, IT'S VERY FRUSTRATING WHEN THERE'S NOT [00:30:01] THE PROCESS AND THEN YOU HAVE TO COME IN AFTER THE FACT. BUT THIS PARTICULAR BLUE SLATE TILE THAT'S OUT HERE, THAT'S NOT IN A, THAT'S NOT A MATERIAL YOU EVEN SEE IN A HISTORIC DISTRICT. YOU MIGHT SEE FLAGSTONE ON HOMES, WHITE LIMESTONE, YOU'LL SEE EARTH AND COLORED, BUT THIS BLUE COLORED GRAY FLAGSTONE YOU FIND AT HOME DEPOT AND LOWE'S, THAT'S NOT SOMETHING YOU FIND IN A HISTORIC DISTRICT THAT WAS PLOTTED IN THE TWENTIES, THIRTIES AND FORTIES. SO, THANK YOU FOR YOUR TIME AND, UH, THANK YOU FOR YOUR SERVICE. THANK YOU. THAT'S ALL THAT'S SIGNED IN TO SPEAK. AND WE DON'T HAVE ANY VOICEMAILS, CORRECT? KAYLA? NO VOICEMAILS EITHER. ALRIGHT, THANK YOU. UH, SIR, UH, YOU HAVE, UH, UP TO THREE MINUTES IF YOU'D LIKE TO MAKE A REBUTTAL OR PROVIDE ANY CLOSING REMARKS YEAH. FROM ALL THE, UH, DISCUSSION YOU'VE HEARD. OKAY. SO, UH, AS I SAID BEFORE, I, I DIDN'T EVEN KNOW THE MONTICELLO HOMEOWNERS ASSOCIATION EXISTED. AND, UH, AFTER THAT WONDERFUL, PASSIONATE SPEECH, I DON'T UNDERSTAND WHY I NEVER RECEIVED GREETINGS. WELCOMES, YOU'RE HERE IN THE MONTICELLO HOME DISTRICT HISTORIC DISTRICT. HERE ARE THE GUIDELINES. AS I SAID, WHAT THE SELLER DISCLOSED TO ME IS THERE WAS NO ASSOCIATION, FIRST OF ALL. SECOND OF ALL, SHE ASSUMES I'M PURCHASING IT FROM HOME DEPOT OR LOWE'S. I DID NOT GET THAT FLAGSTONE FROM THERE. INSTEAD, I GOT IT FROM A LOCAL, UH, INDUSTRY HERE, UH, LANDSCAPING SERVICE, UM, AND SUPPORTED LOCAL BUSINESSES DOING THAT. UM, THE HISTORIC DISTRICT SAID THAT THE, UM, THAT IT HAD NOT BEEN, UM, WORKED ON WHEN THEY DID THE STOP ORDER. THAT THAT ACTUALLY WAS NOT THE CASE AT, AT ALL BY THIS POINT. WHEN I RECEIVED THAT, THEY HAD ALREADY PUT IN THE REBARB. SO IT WAS CREATING A, A HUGE TRIPPING HAZARD RIGHT THERE. THEY HAD ALREADY RIPPED UP THE, THE CONCRETE. UM, AND NO, I I, I'M SORRY. IT'S, IT'S JUST, I FEEL LIKE I'VE OFTEN BEEN TRAPPED IN A KAFKA NOVEL HERE RIGHT NOW, UM, OF SORT OF MEETING HOMEOWNERS ASSOCIATIONS I'VE NEVER KNEW EXISTED. UM, AND THEN THIS IDEA OF PRESERVING, AGAIN, WHEN I WALKED AROUND THE NEIGHBORHOOD, I ENJOY WALKING. UM, I WOULD SEE THIS FLAGSTONE. I WOULD SEE WONDERFUL LANDSCAPING, AND THAT'S WHAT I WAS TRYING TO, TO BRING INTO MY HOME. I WAS TRYING TO ENHANCE THE NEIGHBORHOOD. I WAS TRYING TO MAKE SURE, UH, THAT THE HISTORY OF THE NEIGHBORHOOD, UM, WAS, WAS ENHANCED. AGAIN, IF YOU LOOK AT MY NEXT DOOR NEIGHBOR'S HOUSE, I DON'T UNDERSTAND WHY THAT IS. AS, I GUESS, AS LONG AS THAT STAYS HISTORIC, THAT IS ACCEPTABLE TO PUT OUT AN OLD SOFA LIKE THAT IS HISTORICALLY ACCEPTABLE. UH, WHEREAS TRYING TO IMPROVE THE DRIVEWAY AND ACCESS TO THE HOUSE IS CONSIDERED ANTI HISTORIC. UM, AND, YOU KNOW, I'M SORRY IF WE'RE GONNA GET INTO THE HISTORY HERE, YOU KNOW, WHY AREN'T WE PUTTING OUT HISTORY ABOUT THE, THE HISTORY OF THIS, OF THIS NEIGHBORHOOD? IT WAS REDLINED PEOPLE OF COLOR WERE DENIED ACCESS TO MORTGAGES TO LIVE IN THIS NEIGHBORHOOD. IT IS NAMED AFTER A PLANTATION IN VIRGINIA WHERE PEOPLE WERE ENSLAVED. SO, I'M, I'M SORRY. IT'S, I, I AM A HISTORIAN MYSELF. I'M A MUSIC HISTORIAN. I HAVE A PHD IN HISTORY, UM, AND A, A PHD SPECI SPECIFICALLY IN MUSIC HISTORY. SO, TO BE ACCUSED OF NOT WANTING TO PRESERVE AND ENHANCE HISTORY OR UNDERSTAND THE HISTORY, I, I JUST FIND VERY INSULTING, NOT JUST AGAINST WHAT I'VE DONE, BUT AGAINST ME PERSONALLY. AS I SAID, I'M TRYING TO MAKE A HOUSE THAT IS ACCEPTABLE, THAT IS WONDERFUL TO LIVE IN, AND I'M TRYING TO ENHANCE THE NEIGHBORHOOD, UH, WHILE ALSO SORT OF INFLUENCED BY IT AS WELL. THANK YOU. THANK YOU. SO, WITH THAT, IF THERE'S A COMMISSIONER WHO WOULD LIKE TO MAKE A MOTION ON THIS CASE. MANNA COMMISSIONER MANNA REGARDING CASE NUMBER B O A 2 1 1 0 3 0 0 0 9 2. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, AN APPEAL TO AN ADMINISTRATIVE OFFICIAL O H P DIVISION, SITUATED AT 1 9 0 7 WEST KINGS HIGHWAY. APPLICANT BEING ERIC SCHNEEMAN, SCHNEEMAN, SCHNEEMAN, SCHNEEMAN, SCHNEEMAN SCHNEEMAN FOR SNOWMAN, SCHNEEMAN. APOLOGIZE. IS THERE A SECOND? SECOND. OKAY. WE HAVE A MOTION BY COMMISSIONER MANNA, A SECOND BY COMMISSIONER BRAGMAN. UH, COMMISSIONER MANNA, PLEASE LEAD THE DISCUSSION. SO, UM, SO YOU, I HAVE FRIENDS THAT, YOU KNOW, BUY INTO HISTORIC HOMES, AND WHEN THEY DO SO, RECOGNIZE THAT THERE ARE REQUIREMENTS WHEN THEY DO THAT. AND, UM, YOU KNOW, WINDOWS AND DOORS, AND THEY CAN'T DO REALLY ALL KIND OF CHANGES BECAUSE THEY'RE TRYING TO PRESERVE THAT HISTORIC PIECE. AND SO, WHEN I SEE, YOU KNOW, THAT THE DRIVEWAY AND THE DRIVEWAY WAS, YOU KNOW, WAS THE DRIVEWAY BEFOREHAND, YOU KNOW, TO CHANGE IT BASICALLY GOES AGAINST WHAT IT IS THE HISTORIC DISTRICT HAS SAID THEY WANTED, YOU KNOW, WHAT THEY'VE IMPLIED [00:35:01] OR WHAT THEY WANTED TO DO. UM, SO, UM, YOU KNOW, AND THEN ALSO, YOU KNOW, I, I DO, YOU KNOW, WHEN I WENT OUT AND LOOKED ON HIS, UH, MONTICELLO'S HISTORIC, UH, PARK HISTORIC DISTRICT, THERE'S A WHOLE WEBSITE ON IT, YOU KNOW, HERE ON SAN ANTONIO GOV. AND SO, YOU KNOW, SO THERE IS PUBLICATION WITH REGARDS TO HISTORIC DISTRICT. SO, SO I THINK FOR THOSE TWO THINGS, I'M GONNA MOVE TO DENY THE, UH, GRANT OF APPEAL. SO, THANK YOU, COMMISSIONER BRACKMAN. UM, I AGREE WITH, UH, COMMISSIONER AMANA. UM, IT, IT'S UNFORTUNATE THAT YOU'VE GONE THROUGH THIS, BUT THERE IS A LOT OF INFORMATION AVAILABLE, AND THE SELLER'S DISCLOSURE WAS CORRECT. IT'S NOT A HOMEOWNER'S ASSOCIATION, IT'S A HISTORIC NEIGHBORHOOD. AND THOSE ARE, THOSE ARE DIFFERENT. SO THERE WOULD'VE BEEN NO DOCUMENTS THAT HAVE BEEN, WOULD'VE BEEN REQUIRED TO BE PROVIDED. IT'S UNFORTUNATELY, IT'S BUYER BEWARE. UM, BUT, UH, I'M GONNA BE IN, UM, I, I AGREE WITH COMMISSIONER, UH, MANNA ON THIS. OKAY. ANY OTHER COMMISSIONERS? LOVE COMMISSIONER. LOVE. YEAH. SO I, I'M STRUGGLING WITH THE RIBBON STRIPS BEING, I GUESS, YOU KNOW, THAT SIGNIFICANT OF A HISTORIC ITEM TO A HOUSE. UM, I JUST, YOU KNOW, I STRUGGLE WITH THE GRASS IN BETWEEN THE STRIPS. I, YOU KNOW, THEY'RE JUST NOT REALLY FUNCTIONAL. I MEAN, WHY WERE RUBBING STRIPS USED A LONG TIME AGO? SAVE MONEY. I MEAN, IT LOOKS HIDEOUS WHERE THE CARS ARE PARKED. YOU KNOW, YOU LOOK AROUND THIS GUY'S HOUSE, LOOK AT ALL THE OTHER DRIVEWAYS. UH, I MEAN, THERE'S TOO MANY. IF YOU'RE TRYING TO PRESERVE THE DRIVEWAYS IN THIS NEIGHBORHOOD, IT'S, IT'S, IT'S GONE. I MEAN, YOU'VE GOT, I MEAN, JUST FROM THE HOUSES I'M LOOKING AT ON GOOGLE EARTH, I, I JUST STARTING LATE IN THE GAME. UM, AS FAR AS NOT FOLLOWING PROCEDURES, I'M KIND OF UNCLEAR OF THAT, I GUESS. UH, YOU KNOW, WE'VE GOTTA FOLLOW THE RULES, OBVIOUSLY. UM, I HATE TO SEE THE MAN RIP OUT THIS DRIVEWAY, WHICH I THINK IT MAKES FOR A MORE FUNCTIONAL DRIVEWAY. I, I, I DON'T PUT, I MEAN, ME PERSONALLY, I DON'T PUT HISTORICAL SIGNIFICANCE ON A RIBBON STRIP DRIVEWAY. THEY'RE JUST NOT, NOT GOOD DRIVEWAYS. THEY'RE TERRIBLE DRIVEWAYS. I'M GONNA BE IN FAVOR IF THIS GUY'S VARIANCE. I THINK IT'S A SHAME FOR HIM TO HAVE TO GO RIP THIS OUT. OKAY. ANY OTHER COMMISSIONERS, MR. TEAL? UH, WELL, I THINK THE PRESERVATION OF AUTOMOBILE INFRASTRUCTURE IS SOMEWHAT SILLY. UH, UNFORTUNATELY, WHAT I FEEL LIKE WHAT WE'RE DEALING WITH HERE IS A PROCEDURAL ISSUE, AND ONCE HE WAS NOTIFIED OF A STOP WORK ORDER, THAT'S WHEN THE WORK SHOULD HAVE STOPPED. AND SO, FOR THAT REASON, UM, I WILL NOT BE SUPPORTING THE MOTION IS READ. ANYONE ELSE? MANCHACA, COMMISSIONER UNA, THEN MANCHACA. SO PART OF THE EVIDENCE THAT YOU PRESENTED TO US TODAY WAS THE FACT THAT YOU WERE TRYING TO MAKE, UM, UH, ACCOMMODATIONS FOR YOUR FATHER. UH, HOWEVER, FROM WHAT UNDERSTANDING THAT INFORMATION WASN'T PRESENTED TO THE HISTORIC DISTRICT, WHICH COULD HAVE POTENTIALLY MADE SOME, UM, PART OF THEIR RECOMMENDATION. BUT I HAVE ISSUE AS WELL AS THE 20% COMPLETION WHEN THE STOP ORDER WAS, WAS RECEIVED. AND AT THAT POINT, THERE PROBABLY COULD HAVE BEEN AN OPPORTUNITY TO READDRESS WITH THE HISTORIC REVIEW AND THAT THIS OPPORTUNITY WAS PASSED OVER. AND, YOU KNOW, IT'S A SITUATION THAT WE'RE HERE TODAY. SO, UH, IT IS WHAT, IT'S COMMISSIONER MINKA, UH, I'M NOT SURE IF THIS IS SOMETHING TO CONSIDER BY THE APPLICANT ARREST, BUT CAN THIS THING BE CONVERTED INTO RIBBON DRIVEWAY? WELL, WE HAVE, UH, WELL BEFORE US, UH, WE HAVE A MOTION EITHER, UH, BE IN SUPPORT OF THE APPEAL TO O H P. SO WITH, WITH THAT, CAN THE REQUEST, UH, CAN THE MOTION BE BROKEN UP FOR THE RIBBON PORTION AND THE FLAGSTONE PORTION? IS THAT POSSIBLE? SO YES, YOU COULD, IF YOU WANTED TO BREAK UP THE ISSUES, YOU WOULD HAVE TO DO TWO SEPARATE MOTIONS ON EACH. OKAY. COMMISSIONER MENCHACA, ARE YOU, IS YOUR PRIME CONCERN WITH THE RIBBON DRIVE OR WITH THE FLAGSTONE OR BOTH? BOTH. UH, OKAY. WHAT HE'S BEEN THROUGH AND WHAT HE CAN SALVAGE IS THE ISSUE. OKAY. I AGREE. UH, ANY OTHER COMMISSIONERS LIKE TO, UH, ADD ON? SO I'LL, I'LL GO AHEAD AND CHIME IN. YOU KNOW, I, I UNDERSTAND THAT, UH, THE IMPORTANCE OF HISTORIC, I THINK THAT, UM, IT WOULD, I THINK IT'S IMPORTANT FOR US TO, IF WE, IF SOMEONE WOULDN'T BE WILLING TO AMEND THE, IF THE MAKER OF THE MOTION WOULD BE WILLING TO AMEND TO BREAK IT UP INTO THE RIBBON DRIVE AND THE FLAGSTONE, I THINK I'D APPRECIATE THAT. BUT, UM, WHAT, WHAT'D HE SAY? COMMISSIONER [00:40:01] MANO? DID YOU READ THAT? I DID, I DID NOT UNDERSTAND. I GUESS I HAVE A CHALLENGE WITH BOTH SIDES OF IT, BUT OKAY. 'CAUSE I'M, I'M, I'M NOT, I'M NOT OPPOSED TO, UH, ASKING FOR THE RIBBON DRIVE, UH, BEING, BEING AGAINST THAT. BUT THE FLAGSTONE IS SOMETHING THAT I'M, I'M NOT OPPOSED TO BECAUSE IT'S IN AN AREA WHERE HIS, HIS, UM, HIS RELATIVE WITH MOBILITY IMPAIRMENTS WOULD NEED TO EXIT A VEHICLE AND THEN ENTER THE HOUSE. AND SO I, I DON'T HAVE A PROBLEM WITH, WITH MAINTAINING THE FLAT SOLID SURFACE WHERE THE FLAGSTONE LIES, BUT IN FRONT OF THE FLAGSTONE PROVIDING THE RIBBON DRIVE. AND THAT'S, THAT'S WHERE I'M GOING WITH THAT. YEAH, I GUESS, UH, I, I GUESS I STILL HAVE A CHALLENGE WITH THAT, SO, SORRY. OKAY. NO PROBLEM. UH, IF THERE'S ANYONE ELSE THAT WOULD LIKE TO CHIME IN AS FISHER COMMISSIONER FISHER? UH, YES. I, EXCUSE ME. I FULLY APPRECIATE THE WORK YOU'VE DONE WITH IMPROVING THE, UH, THE RESIDENTS OVERALL. I, I THINK IT'S, IT'S OF, UH, MATERIALS. I HAVE NO PROBLEM WITH THAT. HOWEVER, IT IS IN A HISTORIC DISTRICT AND THE, UM, WITHIN SAN ANTONIO, IT'S EXTREMELY IMPORTANT TO, TO PRESERVE THE AREAS FOR, FOR NUMEROUS AND ASSORTED REASONS. AND THE HISTORIC DISTRICTS HAVE GONE AHEAD AND PUT QUITE A LOT OF WORK AND FORETHOUGHT, FORETHOUGHT IN, IN APPLYING RESTRICTIONS, UM, AND ALSO THE WORK ORDER. SO I'M GOING TO GO AHEAD AND BE NOT IN FAVOR. OKAY. IF THERE'S NOTHING ELSE, UH, STAFF PLEASE TAKE A ROLL CALL VOTE. UH, JUST TO REITERATE, SORRY. 'CAUSE THERE WAS A COUPLE QUESTIONS. UM, ARE WE DOING THE DRIVEWAY OR ARE WE DOING THE SAME MOTION? WE'RE JUST DOING ONE MOTION AS WE ONE MOTION FOR BOTH. OKAY. AND MR. CHAIR, COULD YOU PLEASE CLARIFY, UH, THE VOTE, EITHER CONCUR OR NOT CONCUR, AND WHAT THAT ACTION IS? YES, IF YOU, IF YOU VOTE, AND IF YOU VOTE YES, UH, THEN YOU ARE IN FAVOR OF GRANTING THE APPEAL. IF YOU VOTE NO, THEN YOU ARE, UH, SIDING WITH OH, P'S RECOMMENDATION. READY? MR. MANO? NO. MS. BRAGMAN? NO. MR. VINNO? NO. MS. FISHER? NO. MR. MENCHACA? NO. MR. LOVE? NO. MS. CRUZ? NO. MR. DELMER? YES. MR. THIEL? NO. MR. OZUNA, I DO NOT CONCUR. CHAIR ORIAN? NO. MOTION IS 10 TO ONE. UH, MOTION IS FAIL. MOTION FAILS. SO SIR, UM, YOUR CASE MANAGER WILL GET WITH YOU ON THE NEXT STEPS. THANK YOU. UH, NEXT ITEM PLEASE. HI. [3. 21-5152 (Continued from 08/02/2021) BOA-21-10300073] UM, THIS IS, UH, B O A CASE NUMBER, 1 0 3 0 0 0 7 3. ADDRESS IS 10 18. SUBJECT ADDRESS IS 10 18 VANDERBILT, UH, APPLICANT IS GONNA BE JAVIER MARTINEZ. THIS CASE IS A CONTINUATION FROM AUGUST THE SECOND OF 2021. IT'S A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE TO A FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT SIDE SETBACK ATTACHED TO AN EXISTING DRILLING. SUBJECT PROPERTY IS LOCATED ON VANDERBILT NEAR AVER STREET, SOUTH. AVER STREET CARPORT WAS CONSTRUCTED AND ATTACHED TO AN EXISTING STRUCTURE, AND IS CURRENTLY LOCATED APPROXIMATELY ONE INCH FROM THE PROPERTY LINE. NO PERMITS WERE PULLED PRIOR TO CONSTRUCTION OF THE CARPORT. THERE ARE NO GUTTERS CURRENTLY INSTALLED, AND THE CARPORT IS CURRENTLY NOT FIRE RATED UPON SITE VISITS. STAFF ALSO OBSERVED THERE WAS A CHANGE TO THE, UH, SLOPE AND, UH, OF THE ROOF. THAT WILL REQUIRE AN ENGINEER'S LETTER. ATTACHES THE SITE, PROPERTY SITE PLAN. IT'S THE FRONT OF THE SUBJECT PROPERTY. THIS NEXT SLIDE RIGHT HERE, THIS SHOWS THE PROPERTY PRIOR TO CONSTRUCTION. THERE'S THE ATTACHED CARPORT, UM, ONE INCH FROM PROPERTY LINE UNDERNEATH THE [00:45:01] SUBJECT CARPORT THAT SHOWS, UH, WHAT WE'RE SHOWING IS A THREE FOOT SIDE SETBACK BACK TOWARDS THE HOUSE. ANOTHER PICTURE OF THE, UH, CARPORT ATTACHED TO THE EXISTING STRUCTURE. THAT'S THE, UH, SURROUNDING AREAS, SURROUNDING AREAS, UH, AGAINST SURROUNDING AREA. THAT'S THE, UH, OTHER SIDE OF THE PROPERTY. UH, NOTICE THE CHANGE OF, UH, SLOPE ON THE ROOF. THERE'S OTHER EXISTING CARPORTS, UM, PRIMARILY MADE OF, UH, METAL STRUCTURE, NOT THE SUBJECT. PROPERTY, WHICH IS, UH, MADE OF WOOD STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION, UH, OF A TWO FOOT VARIANCE TO ALLOW A CARPORT TO BE THREE FEET FROM THE SIDE PROPERTY LINE, UH, BASED ON THE FOLLOWING FINDINGS. ONE THAT THE CARPORT, ATTA, THAT THEY ATTACH CARPORT WILL BE THREE FEET AWAY FROM THE SIDE PROPERTY LINES THAT THE STRUCTURE FACING VANDERBILT SHALL BE FIRE RATED WITH NO OPENINGS AND NO OVERHANG ON THE EASTERN PORTION OF THAT CARPORT. AND THE STRUCTURE BEING THREE FEET FROM THE SIDE PROPERTY LINE WILL ALLOW AMPLE SPACE FOR, UH, HIM TO ACCESS HIS VEHICLE, BOTH EX ENTRANCE AND EXITS. AND THE CARPORT IS NOT OUT OUTTA CHARACTER FOR THE NEIGHBORHOOD. WE HAD 24 NOTICES MAILED OUT. ONE IN FAVOR, ONE OPPOSITION, AND THERE WAS NO RESPONSE FROM THE HIGHLAND PARK NEIGHBORHOOD ASSOCIATION. UH, WE HAVE A REPRESENT OR PRESENTATION FROM MR. MARTINEZ. CAN I GO AHEAD? OKAY. HELLO, MR. MARTINEZ. BUDDY, CAN YOU PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE? ABSOLUTELY, SIR. MY NAME'S JAVIER MARTINEZ. UH, I AM HERE ON, UH, TO SPEAK ABOUT THE ADDRESS AT 10 18 VANDERBILT. UH, THE PROJECT IN QUESTION IS A CARPORT THAT WE STARTED, UH, I GUESS TO TRY TO START THIS OFF. FIRST OF ALL, UH, THE PICTURES, WHICH I'M NOT SURE EVERYONE'S RECEIVED YET, SO CAN I WAIT ONE SECOND IF YOU GUYS DON'T MIND. SO I'D LIKE TO START OFF THE, UH, PRESENTATION HERE BY, UH, DESCRIBING, UH, PICTURE NUMBER ONE, WHICH IS THE FIRST PAGE. UH, BASICALLY THAT IS THE, UM, THE AREA OF THE CARPORT THAT'S IN QUESTION. UH, IT SHOWS VERY SLIGHTLY ON THERE IN THE WHITE TRIM THAT THE THREE FOOT VARIANCE, WHICH THE STAFF IS, IS SUGGESTING IT'S, IT'S MARKED ON THERE REAL LIGHTLY. UH, THE SECOND PAGE, SECOND PICTURE, UH, SHOWS THE PROPERTY LINE TO THE EAST SIDE. UM, THE NEIGHBOR, UH, THIS PICTURE IS ACTUALLY I FIND VERY IMPORTANT BECAUSE I HAVE NOTED ON THERE NOT ONLY THE PROPERTY LINE, BUT I ALSO HAVE THE RED MARKER, WHICH WOULD SHOW THE, THE THREE FOOT SUGGESTED VARIANCE, UH, THAT AGAIN, THE STAFF IS SUGGESTING, WHICH I'M ACTUALLY VERY MUCH IN FAVOR OF. NOW, MY POSITION HAS CHANGED, UH, SLIGHTLY. THERE IS A BLACK DOT ON THAT SECOND PICTURE. AND THE SIGNIFICANCE OF THE BLACK DOT, THAT'S HAS A NUMBER 28 MARKED ABOVE IT IS THAT IS 28 INCHES FROM THE PROPERTY LINE, WHICH THE RIBBON DRIVEWAY. KIND OF FUNNY, WE WERE TALKING EARLIER SO MUCH ABOUT RIBBON DRIVEWAYS, I APOLOGIZE. BUT THAT 28 INCH MARK THAT DOT WOULD GIVE ME THIS, THE EQUAL DISTANCE ON THAT RIBBON DRIVEWAY THAT I HAVE, MEANING I WOULD HAVE 20 INCHES TO THE RIGHT OF THE RIBBON ON THE RIGHT SIDE, 20 INCHES TO THE LEFT. SO THE PROPOSED VARIANCE OF THREE FEET ACTUALLY WOULD BE LESS. IT WOULD COME DOWN TO ALMOST LIKE A TWO FOOT, NOT THE THREE FOOT. UH, OF COURSE, THE CITY CODE NOW SAYS FIVE FEET. THAT WOULD BE INTO MY RIBBON DRIVE COMPLETELY. SO THAT'S SORT OF WAY IT, YOU KNOW, NOT REALLY IN ACCORDANCE AT ALL WITH THE TIME PERIOD OF THE HOUSE. AND LASTLY, THE, UH, THIRD PICTURE IS REAL SIMPLE PICTURE, BUT ALL IT IS, IS TO REALLY SHOW HOW MY EAST NEIGHBOR HAS A THREE FOOT, UH, EASEMENT ON HIS HOUSE TO THE PROPERTY LINE ALSO. SO, UH, HIS BEING THREE FOOT [00:50:02] MINE'S A LITTLE, MY PROPERTY'S ACTUALLY A LITTLE BIT WIDER THAN HIS IS. BUT, UH, AGAIN, IN ACCORDANCE WITH WHAT THE STAFF IS SAYING, UH, THREE FOOT OR LESS DOWN TO THE BLACK DOT, THE TWO WOULD IS, IS WHAT I'M REQUESTING SOME SPECIAL CONSIDERATIONS THAT I'D JUST LIKE TO MENTION. BEFORE WE EVEN CONSIDERED THE PROJECT, I ACTUALLY HAD VERBAL DISCUSSIONS WITH MY EAST NEIGHBOR. AND THE REASON I THINK THAT'S IMPORTANT IS I DISCUSSED WITH HIM THAT, YOU KNOW, WE WEREN'T GONNA BUILD SOME CHEAP, UH, CARPORT THERE. THE METAL TYPE THAT UNFORTUNATELY IS VERY, YOU KNOW, CHARACTERISTIC OF A LOT OF AREAS THERE HOUSES AROUND ME. AND I WENT THROUGH WHERE I WAS INTENDING TO GO THROUGH A LOT OF EXTRA EXPENSE TO BUILD ONE THAT COMPLIMENTED NOT ONLY MY HOUSE, BUT ALSO DRAINAGE WOULD NOT THROW WATER ALL OVER HIS PROPERTY. IT FOLLOWS THE ROOF LINE THAT THEREFORE WATER WOULD RUN TO THE BACK AND FRONT, NOT OVER TO THE SIDE. LIKE I SAID, THIS WAS A, UH, AN INTENTIONAL AESTHETIC UPGRADE TO MY HOUSE. A CHEAP CARPORT COULD'VE RUN ME ABOUT A THOUSAND DOLLARS OR 15 MAYBE. AND, UH, ONCE THIS HOPEFULLY CARPORT GETS COMPLETED, IT'S GONNA BE SIGNIFICANTLY MORE THAN THAT. UH, POINTS OF INTEREST, UH, I, AS THE OWNER OF THE, THE PROPERTY DID PERFORM STOP WORK ON THIS. AND THE REASON I FIND THAT IMPORTANT IS, UH, FOR SEVERAL REASONS, THREE REASONS ARE THAT THE CON, THE INITIAL CONTRACTOR IS FIRED. HE'S NO LONGER ON THE PROJECT. THE REASON HE WAS FIRED IS BECAUSE HE WAS ACTUALLY UNETHICAL TO MYSELF. HE HAD TOLD ME THAT PERMITS WERE PULLED. HE STARTED THE PRIVACY FENCE AND USED THOSE SUPPORTS ON THE PRIVACY FENCE FOR THE CARPORT. SO, AND ON TOP OF THAT, UH, THERE ARE MONEY ISSUES INVOLVED WITH THAT CONTRACTOR. AND, UH, THE ONLY THING THAT'S ACTUALLY REALLY FINISHED ON THE CARPORT IS THE ROOF, BECAUSE WE DID PUT NEW ROOF ON THE HOUSE. SO AT THE TIME, I, MY ROOFING COMPANY WAS TELLING ME THAT I HAD TO PUT ROOF ON THE CARPORT FOR IT TO BE INCLUDED IN THE WARRANTY. I COULDN'T DO IT LATER ON, OR THEY WOULDN'T HONOR THE WARRANTIES. SO THAT'S WHY THE, THE ROOF GOES ACROSS TO THE CARPORT. UM, LASTLY, I WOULD JUST HAVE TO SAY THAT, UH, I AS A HOMEOWNER AM VERY WILLING TO COMPLY. THIS HAS BEEN A HUGE LESSON IN TERMS OF CODE COMPLIANCE AND HOW TO MAKE SURE THAT ANY CONTRACTORS HAVE PULLED PERMITS ARE COMPLIANT. AND, UH, BEFORE ANY WORK GOES ON, UH, THE CARPORT IS SO FAR FROM BEING FINISHED. UH, IT, IT NEEDS A LOT OF STRUCTURAL WORK STILL DONE. AND I, UH, AM A HUNDRED PERCENT WILLING TO HAVE TO ADJUST IT FROM THAT EAST SIDE OVER TO GET IT COMPLIANT WITH THE CITY. AND OF COURSE, THE FIRE RATINGS AND EVERYTHING. SO, UH, I'M A 20 YEAR PLUS RESIDENT OF THE HOME. I WAS ACTUALLY, WE'RE ACTUALLY SECOND OWNERS OF THE HOME. AND, UH, WE'RE VERY PROUD OF OUR NEIGHBORHOOD. UH, WE HAVE SOME NOT, UH, HISTORICAL HOMES, BUT WE HAVE SOME NICE OLD HOUSES THERE. THEY WERE, MY HOME WAS BUILT BACK IN 1949, SO IT'S, UH, IT'S GOT A FEW YEARS ON IT. AND, UH, THAT'S PRETTY MUCH IT. I'D LIKE TO THANK EVERYBODY FOR YOUR TIME AND GOD BLESS. THANK YOU. MR. MARTINEZ, UH, STAFF, IS THERE ANY PUBLIC COMMENTARY TO READ INTO THE RECORD OR, UH, CITIZENS SIGNED UP TO SPEAK? NO. UH, NO CITIZENS SIGNED IN TO SPEAK. NO RESIDENTS SIGNED IN TO SPEAK. KAYLA, IS THERE ANY VOICEMAILS TO PLAY? NONE. NO VOICEMAILS TO PLAY EITHER. ALRIGHT. UH, SO WITH THAT, UH, WE'LL OPEN THIS UP TO QUESTIONS YOU WOULD LIKE TO START OFF. OH, ZUNA, COMMISSIONER ZUNA. SO THE QUESTIONS FOR THE APPLICANT, ARE YOU MODIFYING YOUR REQUEST TODAY IN FRONT OF US FOR A TWO FOOT VARIANCE, UH, TO ALLOW THE OVERHANG TO BE NO MORE THAN THREE FEET FROM THE SIDE PROPERTY? SIR, I APOLOGIZE, MR. UNA, THE, THE INITIAL REQUEST FOR THE VARIANCE WAS INDICATED ON THAT IN THAT FIRST SHEET IS LIKE ONE INCH, WHICH MEANT THAT IT MADE IT SOUND LIKE I WANTED TO LEAVE THE CARPORT THE WAY IT IS. AND I DON'T, UH, I'M PROPOSING THAT WITH THE CITY, YOU KNOW, APPROVAL THAT, THAT THE CARPORT IS GONNA HAVE TO BE ADJUSTED AND IT, UH, ACCORDING TO THE STAFF, THEY'RE SAYING, LOOK, GO THREE FEET AND YOU'RE FINE. OKAY. SO THAT'D BE A TWO FOOT VARIANCE TO ALLOW IT TO GO THREE FEET. MM. IS THAT, WELL, RIGHT NOW IT'S LIKE A ZERO, NO, LIKE YOU SAID, 28 INCHES. OKAY. SO IF, IF THE CITY APPROVED THE, THE, THE 28 RIGHT, WHICH IS LESS THAN THE THREE FEET, WELL, THAT'S FOR US TO DECIDE WHERE CORRECT. WOULD BE THE, THE ENTITY TO DECIDE ON THAT MATTER. BUT, BUT I JUST WANNA MAKE SURE YOU'RE CLEAR. YOU'RE ASKING FOR A, YOU WOULD LIKE TO BE 28 INCHES AWAY FROM YOUR PROPERTY LINE, SO YOU'RE LOOKING FOR A 32 INCH VARIANCE, RIGHT? CORRECT. OKAY. YEAH. UH, COMMISSIONER ZUNA, PLEASE CONTINUE. THAT WAS MY QUESTION. THANK YOU. YEAH, THANK YOU. ANY OTHER COMMISSIONERS? ANYBODY? OKAY, SO I HAVE A QUESTION. UH, RIGHT NOW YOU HAVE A FENCE, UH, BUILT PREDOMINANTLY [00:55:01] ON THE PROPERTY LINE THAT'S USED AS A STRUCTURAL SUPPORT, UH, UH, FOR THE, FOR THE CARPORT. IF YOU WERE TO MOVE THIS OVER TO WHERE YOU DESIRE IT TO THE 28 INCHES, WOULD YOU STILL HAVE A FENCE THERE? I MEAN, HOW WOULD YOU, HOW WOULD YOU DO THAT? SO THAT IS THE NEXT PHASE OF THAT AREA, UH, TO BE PERFECTLY HONEST WITH YOU, SIR, MEANING IT IS GONNA COME DOWN AND THEN I WOULD HAVE TO GO THROUGH THE PROCESS HERE WITH THE CITY. I WOULD LIKE A PRIVACY FENCE THERE. UH, BUT AGAIN, THAT'S ALSO ANOTHER PERMIT. SO, UH, IT, IT IS GONNA COME DOWN THAT SAME CONTRACTOR PUT THAT UP AND USED IT TO SUPPORT THE CARDBOARD, SO. OKAY. AND, UH, WELL THAT'S ALL THE QUESTIONS I HAVE. UH, THERE'S NOTHING ELSE. SO, UH, WE'LL GIVE YOU UP TO A FEW MINUTES TO MAKE ANY SORT OF CLOSING REMARKS OR, UM, BEFORE WE, I'M ENTERTAIN THIS. NO, I'M ACTUALLY GOOD. LIKE I SAID, I JUST WANTED THE BOARD TO, TO, TO BE A HUNDRED PERCENT, UH, AWARE THAT, THAT I AM VERY WILLING TO ADJUST THE CARPORT AND, AND MAKE IT COMPLIANT WITH THE, THE CITY. OKAY, THANK YOU. SO WITH THAT, I'M ASKING FOR A MOTION. THE CITY IS, UH, UM, ASKING FOR A TWO FOOT VARIANCE AND THE APPLICANT IS, IS LOOKING FOR A 32 INCH VARIANCE. SO TEAL, UH, COMMISSIONER TEAL REGARDING CASE NUMBER B O A DASH 21 DASH 3 7 3. I MOVED AT THE BOARD OF ADJUSTMENT, GRANTED A REQUEST FOR A 32 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SET PACK TO ALLOW THE CARPORT TO BE 28 INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 10 18 VANDERBILT DRIVE, APPLICANT BEING JAVIER MARTINEZ BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT 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 A CARPORT, ENCROACHMENT IN THE SIDE SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST. AS THE APPLICANT HAS ADEQUATE SPACE FROM THE ADJACENT STRUCTURE. TWO, DUE TO SPECIAL CONDITIONS AND THE A LITERAL 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 THE LITTLE ENFORCEMENT, THE CARPORT WIDTH WOULD NEED TO BE REDUCED, WHICH WOULD LIMIT THE AMOUNT OF SPACE FOR A VEHICLE. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. SPIRIT AND ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE SETBACK IS TO PROVIDE SPACING BETWEEN THE NEIGHBORING STRUCTURES, WHICH IS, WHICH IS OBSERVED. FOUR. THE VARIANCE WILL NOT AUTHORIZE AN OPERATION OF A 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. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE 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 THE PORTION OF THE SIDE SETBACK DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING. THE USE OF ADJACENT PROPERTIES DO NOT SEEM TO LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THERE ARE EXISTING NON-CONFORMING CARPORTS ENCROACHING INSIDE SETBACKS IN THE SURROUNDING AREA. SIX. THE PLIGHT OF THE OWNER FOR THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, 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 UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO THE SHORT WIDTH OF AVAILABLE SPACE FOR A VEHICLE CARPORT. END OF MOTION. SECOND. WE HAVE A MOTION BY COMMISSIONER THIEL, SECOND BY COMMISSIONER MANNA. UH, COMMISSIONER THIEL, PLEASE LEAD THE DISCUSSION. UM, JUST GOING OVER THE APPLICANT'S PRESENTATION, IT SEEMS LIKE HE'S, UH, VERY WILLING TO GO AHEAD AND, AND ADJUST WHAT'S THERE. UM, I THINK SHOWING THAT THERE IS ALREADY THREE FEET BETWEEN HIS NEIGHBORING PROPERTY AND HIS PROPERTY LINE, AND THEN MOVING THAT BACK IN ANOTHER 28 INCHES, UH, AS WELL AS FIRE RATING, THE CARPORT WOULD BE SUBSTANTIAL. UM, AND STILL PROVIDE ENOUGH FIRE SAFETY. UH, AND SO I WILL BE IN SUPPORT. GREAT. COMMISSIONER MANNA? UH, I CONCUR WITH MY COLLEAGUE. YOU KNOW, YOU KNOW, PART OF THE WHOLE DIALOGUE HERE WITH REGARDS TO THE SIDE SETBACKS IS TO ALLOW FOR THAT, THAT, UH, SAFETY. AND SO I THINK THAT, UH, UH, ALLOWING FOR OR SETTING THESE GUIDELINES HERE, UH, WE'LL PROVIDE FOR THAT. SO I'LL BE VOTING IN PAPER. THANK YOU. ANY OTHER COMMISSIONERS LIKE TO CHIME IN? OH, ZUNA AND I'M SUPPORTING AS WELL. I MEAN, THE APPLICANT WILL, WILL HAVE BUILDING PERMITS IN PLACE AND WE'LL HOPEFULLY HAVE A MUCH SAFER UH, BUILDING AT THE END OF THE PROJECT. THANKS. YES, THANK YOU. UM, ANYONE ELSE? HEARING NONE? UH, STAFF PLEASE TAKE A ROLL CALL. VOTE [01:00:01] MR. TEAL. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MANO. I CONCUR WITH THE FINDINGS OF FACT. MR. VINNO. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. FISHER. YES, I CONCUR. MR. MANCHACA. I CONCUR. MR. LOVE I CONCUR. MS. CRUZ? YES, I CONCUR. MS. BRAGMAN? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF PACT. UH, MOTION PASSES UNANIMOUSLY. UH, MR. MARTINEZ, IF YOU COULD STEP OUTSIDE, STAFF WILL TALK TO YOU ABOUT YOUR NEXT STEPS. THANK YOU. ALL RIGHT, NEXT CASE PLEASE. OKAY, UH, [4. 21-5155 BOA-21-10300072] CASE, THE CASE IS BO O A 21 103 0 0 0 7 2. THE SUBJECT PROPERTY IS LOCATED AT 13 2 0 2 CREEK DAWN IT IS LOCATED WITHIN COUNCIL DISTRICT EIGHT. UM, THE APPLICANT IS CATHERINE GARZA. THE REQUEST IS FOR A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM HEIGHT OF SIX FEET TO ALLOW A SIDE AND REAR YARD PRIVACY FENCE TO BE EIGHT FEET TALL. THE ZONING OF THE PROPERTY IS R SIX, UH, RESIDENTIAL SINGLE FAMILY. THE SUBJECT PROPERTY IS LOCATED AT THE END OF THE CUL-DE-SAC, UM, OF CREEK DAWN. UM, THEY'RE REQUESTING TO HAVE AN EIGHT FOOT TALL WOODEN FENCE ALONG THE REAR AND THE SIDE PROPERTY LINES. UM, THIS WILL PROVIDE ADDITIONAL SECURITY AND PRIVACY TO THE PROPERTY STAFF. UPON THE SITE VISIT, DID RECOGNIZE THAT THERE WERE SOME, UM, DIFFERENCES IN ELEVATION BETWEEN THE SUBJECT PROPERTY AND SURROUNDING HOMES. HERE IS A SITE PLAN AND THIS IS THE SUBJECT PROPERTY, AND HERE ARE JUST IMAGES OF THE FENCE. YOU CAN SEE THE SLOPE THERE ALONG THE REAR, THE REAR YARD. AND HERE'S THE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL IN BO O A 2 1 1 0 3 0 0 0 7 2 BASED ON THE FOLLOWING FINDINGS OF FACT. UM, THIS SIDE YARD FENCE IS A SOLID WOODEN FENCE ALONG THE SIDE AND REAR PROPERTY LINES. THERE IS UNIQUE TOPOGRAPHY, BUT DIFFERENCES BETWEEN THE SUBJECT PROPERTY AND A BUDDING PROPERTIES. AND THE SIDE YARD FENCE DOES NOT VIOLATE ANY CLEAR VISION STANDARDS. STAFF MAIL 25 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET. 17 WERE RETURN IN FAVOR, TWO, RETURN IN OPPOSITION. THERE WAS NO RESPONSE FROM THE HUNTERS CREEK NORTH NEIGHBORHOOD ASSOCIATION. AND WE DID RECEIVE 12 ADDITIONAL RESPONSES IN SUPPORT, UM, THAT WERE LOCATED OUTSIDE OF THE 200 FOOT NOTIFICATION BOUNDARY. AND IF YOU DON'T HAVE ANY QUESTIONS, I CAN TURN IT OVER TO CATHERINE GARZA. THANK YOU. MS. GARZA, IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. YES. MY NAME IS CATHERINE GARZA AND I LIVE AT 1 3 2 0 2 CREEK DAWN. AND WE BUILT A POOL AND SO WE WOULD LIKE MORE PRIVACY. AND THEN THERE'S ALSO A LOT OF CRIME HAPPENING IN THE NEIGHBORHOOD. AND SO WE WANT THE FENCE TO BE TALLER. UM, CAN YOU START THE, OKAY, SO WE PUT THIS EIGHT FOOT FENCE BETWEEN ME AND MY NEIGHBOR, AND SHE LIKED IT A LOT. AND SO THAT'S WHAT IT'S GONNA LOOK LIKE. UM, THAT'S THE FRONT. AND THEN YOU GO THE NEXT PICTURE. THAT'S THE BACK. UM, YOU CAN SEE THE OLDER FENCE RIGHT THERE. THAT'S AN FENCE OF MY NEIGHBOR BEHIND ME. AND, UM, HE LOVES THIS FENCE BECAUSE IT'S MADE WITH STEEL POSTS AND THEN THEY WRAP THE POSTS WITH WOOD SO THAT IT LOOKS MORE PLEASANT. THAT IS THE BACK OF THE FENCE. OKAY. SO, UM, YOU CAN GO THE NEXT PICTURE. SO THAT'S A SAMPLE OF A GATE IN OUR NEIGHBORHOOD. SO IN THE FRONT OF OUR YARD, WHICH LOOKS REALLY BAD RIGHT NOW 'CAUSE WHEN THEY BUILT THE POOL, THEY DEMOLISHED EVERYTHING AND THEY KNOCKED A BRICK WALL DOWN. UM, WE WANNA PUT A GATE THERE INSTEAD OF A BRICK WALL, BECAUSE IF WE DO FUTURE PROJECTS IN THE BACKYARD, WE WANT TO HAVE ACCESS TO THE BACKYARD. OKAY, SO YOU CAN GO TO THE NEXT PICTURE. SO THAT'S THE POOL, AND YOU CAN SEE THAT FENCE RUNNING ALONG THE BACK. AND, UM, IT'S PRETTY OLD . THERE'S A LOT OF SPACES IN BETWEEN THE POSTS, AND WE WANTED TO UPDATE THAT. AND I HAVE SIX DIFFERENT NEIGHBORS, SO I'M TRYING TO MAKE IT ALL UNIFORM AND I'M WILLING TO PAY FOR ALL OF IT. SO IT'S GONNA BE VERY EXPENSIVE. [01:05:01] YOU CAN GO TO THE NEXT PICK. OKAY, SO, I'M SORRY. UM, THE NEIGHBOR. IT'S OKAY. TAKE YOUR TIME. THE NEIGHBOR BEHIND US SENT IN A LETTER SAYING THAT WE HAVE FLOODLIGHTS ON THEIR HOME AND WE DON'T, AND THEY NEVER TOLD US. AND SO I WANTED TO SHOW YOU THAT WE DO HAVE OUR FLOODLIGHTS POINTING DOWN AND THAT YOU CAN'T EVEN SEE THEIR HOUSE AND WE DON'T EVEN KNOW THEM. AND THEY SENT IN A LETTER SAYING THAT, UM, SINCE NINE, SINCE 2009, I'VE INSISTED ON PUTTING MY FLOODLIGHTS ON THEM. AND I HAVE NEVER DONE THAT, AND I WOULD NEVER DO THAT. SO ALL I WANT IS A FENCE FOR MY POOL, FOR MY FAMILY, FOR PRIVACY. AND THEN WE HAVE A LOT OF CRIME IN THE NEIGHBORHOOD. AND I WANTED TO SHOW YOU THIS. THESE ARE ALL CRIME REPORTS FROM OUR NEIGHBORHOOD. UH, YOU CAN HAND THAT TO STAFF IF YOU WISH. UH, MAKE IT PART OF THE RECORD. WE HAD ONE RECENT, WE HAD ONE RECENTLY. THIS TOOK AN HOUR FOR THE POLICE TO SHOW UP, AND THE PEOPLE GOT BEHIND HER COURTYARD AND SHE CALLED THE POLICE AND THEY DIDN'T COME BECAUSE SHE DIDN'T SAY THEY WERE BREAKING IN. SHE SAID, THEY'RE IN MY YARD. SO THEY PUT HER ON A LOW PRIORITY, AND FOR AN HOUR SHE WAITING FOR THE POLICE HIDING. AND THE POLICE FINALLY CAME AND THEY APOLOGIZED, BUT THE PEOPLE THAT WERE THERE THREATENING HER AND SHE SAID, I'M GONNA CALL THE POLICE. AND THEY SAID, WE DON'T CARE. SO THAT WAS AT A RECENT BOARD MEETING. SO I ALSO TALKED TO A BUNCH OF PEOPLE ALL AROUND ME, AND I JUST MADE A LITTLE CHART. UM, ALL THESE PEOPLE HAVE HAD THEFT, INCLUDING ME. I HAD TWO OF MY PATIO CHAIRS STOLEN. I HIRED A CONTRACTOR TO PUT IN LONG RAILING AROUND MY PORCH. I GAVE HIM $3,500. HE NEVER CAME BACK. SO I'M GONNA FILE, FILE A CONTRACTOR COMPLAINT. BUT ALL THESE PEOPLE, THEY'VE HAD THEIR TRUCKS STOLEN, THEIR DOOR KICKED IN. UM, AND WE HAVE VERY EASY ACCESS. DO YOU WANNA PUT THIS UP THERE? WE HAVE VERY EASY, WE HAVE VERY EASY ACCESS FROM HUEBNER, SO THEY JUST RUN IN AND RUN OUT. SO, UM, THEY'VE HAD TOOLS STOLEN OUTTA THEIR GARAGE, AND THEN THEY'VE HAD THEIR TRUCK STOLEN. THE H O A BOARD MEMBERS ON THE STREET RIGHT BEHIND ME HAD HIS TRUCK STOLEN. AND IT'S JUST BEEN VERY ALARMING, ALL THE INCREASE IN CRIME. SO YOU CAN GO TO THE NEXT PICTURE. SO THAT'S THE DAYLIGHT. AND THOSE ARE THE PEOPLE ON THEIR BALCONY. AND I DON'T KNOW THEM. I TRY TO BE RESPECTFUL TO THEM BECAUSE THEY WORK FOR U S A A AND THEY WERE STUCK AT HOME. SO I TRY TO BE QUIET IN MY BACKYARD. AND THEY WERE THERE QUITE A BIT. AND I WOULD THINK THAT THEY WOULD WANT A TALLER FENCE BETWEEN US. UM, THE FENCE IS VERY UGLY AND YOU CAN SEE THROUGH THE CRACKS. AND WHEN THEY HAVE YARD WORKERS, IF WE'RE IN THE HOT TUB, THE YARD WORKERS, IF THEY'RE TALL ENOUGH, THEY CAN LOOK RIGHT OVER AND WE DON'T HAVE MUCH PRIVACY THERE. SO THAT'S ALL I'M ASKING FOR. YOU CAN GO TO THE NEXT PICTURE. SO THESE, THIS IS THEIR HOME. THE PEOPLE ARE PROTESTING ME AND ON THEIR SIDE, THEY HAVE A EIGHT FOOT CONCRETE WALL. AND THIS IS A DIFFERENT NEIGHBOR. SO THAT THOSE PEOPLE ARE POSING ME FOR PUTTING MY, MY FENCE AGAINST THEM. BETWEEN US, THEY HAVE ALREADY HAVE A EIGHT FOOT CONCRETE WALL BETWEEN THEM AND THE NEXT NEIGHBOR, YOU CAN GO TO THE NEXT ONE. OKAY, SO THE NEIGHBOR NEXT TO THAT'S THE SAME GUY. THIS IS A DIFFERENT HOUSE. SO IT'S 1 3, 2, 4, 7, AND THEN IT'S 1 3, 2, 4, 3, YOU CAN PUT THIS UP THAT'S RIGHT THERE. AND THEY ELEVATED IT ON RAILROAD TIES. YOU CAN GO TO THE NEXT PICTURE. SO THOSE RED MARKS I PUT FOR EIGHT FOOT FENCES. SO THOSE PEOPLE OPPOSING ME HAVE A EIGHT FOOT CONCRETE WALL. AND THEN THAT GRAY WALL IS THAT L SHAPE, LIKE A NUMBER SEVEN BECAUSE IT RUNS ALONG THE SIDE AND THEN IT RUNS ALONG THE BACK BECAUSE SHE HAS A POOL THERE. SO, AND THEN THE OTHER THING IS THE PEOPLE RIGHT ACROSS FROM THEM HAVE A EIGHT FOOT FENCE, YET THEY SENT IN A VERY UGLY LETTER SAYING THAT EIGHT FOOT FENCES WOULD BE EYES SORES, BUT THEY'RE [01:10:01] FACING ONE AND IT'S, IT WAS, ANYWAYS, GO TO THE NEXT PICTURE, PLEASE. I'M SORRY. THAT'S THE, THAT'S THE FENCE THAT'S DIRECTLY ACROSS THE PEOPLE THAT ARE PROTESTING THIS. OKAY, GO AHEAD. NEXT. OKAY. SO THIS IS ANOTHER ISSUE. THAT'S THE, THERE WAS A WALL THERE THAT THE POOL PEOPLE KNOCKED DOWN. AND I DECIDED THAT I DON'T LIKE THAT NOOK BECAUSE I FEEL LIKE EVERYBODY CAN GET IN THERE, INCLUDING MY NEIGHBOR TO THAT SIDE OF ME WHERE SHE HAS ELEVATED, UM, PAVERS IN HER GARBAGE BIN. SO I WOULD LIKE TO PUT MY GATE GOING RIGHT ACROSS MY PORCH. AND THEN I WANNA ENCLOSE MY PORCH SO WE WON'T HAVE THIS LOOKING SO ROTTEN. IT'LL LOOK MUCH BETTER. OKAY. AND SO WE HAVE A LOT OF FOOT TRAFFIC THAT COMES OUT OF HER GARAGE. AND SO THESE PEOPLE COME OUT, YOU CAN KEEP GOING. THERE'S MORE FOOT TRAFFIC, IT LOOKS REALLY BAD. THERE'S MORE FOOT TRAFFIC. SHE LEAVES HER BINS THERE. AND SO I JUST THOUGHT THAT IF WE EXTENDED THE FENCE, IT WOULD GIVE US MORE PRIVACY. CAN YOU GO TO THAT PART WHERE, UM, IT'S CONTINUOUS. CAN YOU GET TO THAT? THAT WAS ON THE FLASH DRIVE. OKAY. SO I JUST WANT PRIVACY. I JUST WANT SECURITY. I DON'T WANNA CAUSE TROUBLE FOR ANY NEIGHBORS. I'M WILLING TO WORK WITH THEM. I WILL TALK TO THEM. UM, WHAT MADE ME REALLY SAD IS THE PEOPLE THAT WROTE THE LETTER, WE ARE GOOD NEIGHBORS AND IF WE KNEW THE LIGHT WAS SHINING ON THEM, WE WOULD'VE TURNED IT. BUT NOBODY EVER TOLD US. SO I DON'T UNDERSTAND WHAT'S HAPPENING. WE HAVE FLOOD LIGHTS ON BECAUSE OUR YARD IS VERY, VERY LARGE. AND THAT'S THE REASON WE BOUGHT IT FOR THE KIDS AND STUFF. SO I AM NOT, I DON'T KNOW WHAT TO DO ABOUT THAT. I, I'M WILLING TO TALK TO THEM, BUT I THINK IT'S WRONG TO WRITE IN A LETTER THAT IS SAYING THINGS THAT AREN'T TRUE BECAUSE I NEVER TALKED TO THEM. I THINK I MET THEM LAST YEAR. I ASKED IF THEY COULD SWITCH THE FENCE OUT AND THEY SAID NO. SO THEN I PUT IN THE REQUEST BECAUSE THE CITY SAID I COULD DO THAT. SO BASICALLY I JUST WANT TO HAVE PRIVACY AND SECURITY. AND THERE ARE INSTANCES OF FENCE HOPPERS IN THE NEIGHBORHOOD NEXT TO US. AND THERE'S, WE'VE HAD HOMELESS PROBLEMS. THEY'RE LIVING IN THE GREEN BELT. AND, UH, I HAVE CAMERAS. I PUT CAMERAS UP EVERYWHERE. AND ONE DAY A GUY CAME UP WITH A SHOPPING CART. IT WAS A HOMELESS GUY, AND HE CAME RIGHT INTO THE CUL-DE-SAC RIGHT IN FRONT OF MY HOUSE. AND ANOTHER TIME, OKAY, HERE WE GO. SO OTHER PEOPLE HAVE GATES, UM, IN THE NEIGHBORHOOD. AND THEN ALSO MY SON WENT TO GET THE MAIL ONE DAY AND HE HAS TO GO AROUND THE CORNER TO GET TO THE COMMUNITY UNIT. SO WHEN HE GOT THERE, THERE WAS A HOMELESS GUY COMING AND HE JUST TORE BACK TO THE HOUSE AND HE WAS LIKE, GET IN THE HOUSE. GET IN THE HOUSE. AND I WAS LIKE, WHY? AND HE GOES, THERE'S A HOMELESS GUY AT THE MAILBOX. SO WE'VE HAD ALL THESE ISSUES AND I HAVE DONE EVERYTHING I CAN TO SECURE THE HOME. AND I EVEN HIRED VOSS METALWORKS TO PUT A IRON RAILING DOOR AND FRONT OF MY HOUSE. THIS IS ANOTHER EXAMPLE. SOMEBODY DID THIS. THIS IS A BASKETBALL COURT. UM, IN THE NEIGHBORHOOD. SOMEONE JUST PUT ALL THAT CEMENT AND THAT'S, THAT'S A PRETTY BUSY STREET. THAT'S HUNTER BREEZE. I SO MA'AM, IS THIS, UM, ARE YOU AT THE, IT SOUNDS LIKE YOU'RE GETTING TO THE END OF YOUR PRESENTATION HERE. IS THERE, I'D LIKE TO READ A LETTER IF THAT'S OKAY. SURE, GO AHEAD. I'M SORRY. I GOT ALL EMOTIONAL. I TOLD MYSELF NOT TO TO, BUT IT STILL HAPPENED. WHILE YOU'RE LOOKING AT THAT, THAT'S, THOSE ARE THE SAMPLES. I'M GONNA FIND IT. OKAY. OKAY. SO I TRY TO CALM DOWN. . OKAY. MY HUSBAND IS A VERY GIVING MAN. HE'S A, HE'S A DOCTOR AND HE LOVES HIS PATIENTS. AND WHEN WE GOT THE LETTER FROM THE NEIGHBOR, IT MADE ME SAD. 'CAUSE THEY DON'T KNOW US AND THEY ACCUSED US OF THINGS WE DIDN'T DO [01:15:01] THAT. MY HUSBAND SAVES PEOPLE'S LIVES. HE'S DEALING WITH ALL THE COVID. AND HE GOES, IT GOES ABOVE AND BEYOND TO TAKE CARE OF HIS PATIENTS. HE LOVES HIS PATIENTS. AND HE'S THE DOCTOR THAT YOU WOULD WANT. HE HAS A TWO YEAR WAITING LIST. AND I'LL TELL YOU A STORY I'D LIKE TO TELL. HE, UH, BUT MA'AM, WE, WE HAVE TO STICK TO THE, YOU HAVE TO BE GERMANE TO THE FENCE. UM, OKAY. BUT, BUT I DO APPRECIATE WHAT YOUR HUSBAND DOES FOR THE COMMUNITY. OKAY? OKAY. THAT'S FINE. SO I THINK AS LONG AS YOU UNDERSTAND THAT WE WANT TO WORK WITH OUR NEIGHBORS, UM, THERE ARE OTHER EXAMPLES OF EIGHT FOOT FENCES. AND THEN CAN I READ THIS LETTER OF SUPPORT OR NO? UH, YES YOU CAN. OKAY. TO WHOM IT MAY CONCERN, ALBERTO GARZA IS MY DOCTRINE HAS BEEN FOR A LONG TIME IN A PROFESSIONAL CAPACITY. I HAVE CONFIDENCE IN HIM BECAUSE HE STUDIES TO FIGHT THE RIGHT ANSWER, KNOWS HIS MEDICATIONS. HE'S A PHARMACIST, HAS A GOOD BEDSIDE MANNER AND RETURNS HIS CALLS. HE STAYS UP TO DATE WITH HIS TECHNOLOGIES AND PROTOCOLS. HE'S ABLE TO FIND THE RIGHT PROFESSIONAL TO ADDRESS THE NEEDS OF HIS PATIENT AS A PERSON. BETH IS KIND, NOT JUST TO ME AND MY FAMILY, BUT TO EVERYBODY. HE'S A FAMILY BY CHOICE. I HAVE KNOWN HIM FOR MANY YEARS. HE HAS HAD CONTACT WITH ME BOTH PERSONALLY AND PROFESSIONALLY. HE, HE HAS MEANINGFUL, THOUGHTFUL INTERACTIONS WITH ALL THOSE WHO KNOW HIM AND TAKES PRIDE IN EVERYTHING HE DOES AND DOES NOT EXPECT PRAISE. HE'S A DEVOUT FAMILY MAN. HE'S ALWAYS THERE FOR HIS FAMILY. THANK YOU. MARRIED DAD, ZACHARY STEINBERG. SO I DON'T THINK IT'S RIGHT FOR PEOPLE TO SEND IN LETTERS THAT BECOME PART OF PUBLIC RECORD THAT ARE FALSE. SO I THINK WE'RE WRAPPING IT UP. AND THAT'S ALL I NEED TO SAY, EXCEPT I WOULD JUST LIKE PULL PRIVACY AND SECURITY AND I DON'T WANNA BE A PROBLEM. AND I'M, IF YOU HAVE ANY QUESTIONS, I'M READY. THANKS, MS. GARZA. UM, FIRST WE HAVE TO ASK IF THERE'S ANY, UM, PUBLIC ITEMS YOU'RE READING TO THE RECORD OR ANYONE SIGN UP TO SPEAK. WE DO HAVE A VOICEMAIL TO PLAY. PLEASE PLAY IT, MS. GARZA. YOU CAN EITHER SIT DOWN OR YOU CAN STAY THERE, BUT WE'LL MAY OR MAY NOT HAVE QUESTIONS FOR YOU. HELLO, MY NAME IS DR. BLAIR JACKSON AND I'M RECORDING THIS MESSAGE IN SUPPORT OF FEDERAL GARZA AND HIS FAMILY REGARDING THE FENCE ISSUES. THE CASE NUMBER IS B O A DEATH 21 DASH 3 72. I HAVE KNOWN THEO, UH, PROFESSIONALLY AND SOCIALLY OVER MANY YEARS. WE'VE HAD MANY COMPLEX SITUATIONS, ESPECIALLY DEALING WITH PATIENTS IN THE HOSPITAL OVER THIS AMOUNT OF TIME. I CAN ASSURE YOU THAT HE HAS ALWAYS ACTED IN A VERY PROFESSIONAL MANNER AND HAS ALWAYS WORKED DILIGENTLY FOR THE BEST RESOLUTION OF HIS, OF THE PROBLEM. HE HAS ALWAYS WORKED WITH A VERY CARING AND COMPASSIONATE MANNER IN THESE SITUATIONS. I KNOW THAT HE DEALS, I KNOW THAT HE DEALS WITH PROBLEMS IN A FAIR AND LEVELHEADED MANNER. PLEASE TAKE THIS INTO CONSIDERATION WHEN CONSIDERING THE, THE ISSUES. IF YOU HAVE ANY QUESTIONS, PLEASE DO NOT HESITATE TO CALL ME DR. BLAIR JACKSON. MY ADDRESS IS 46 MA HILL WAY. TELEPHONE NUMBER (210) 241-1439. THANK YOU. ALL RIGHT. UH, SO WITH THAT IS THERE ANY QUESTIONS FOR THE APPLICANT? MANNA COMMISSIONER MANNA, UH, MS. GARZA, IF YOU COULD PLEASE COME BACK UP. WE, UH, HAVE SOME QUESTIONS FOR YOU. SO THIS IS ME. HELLO RIGHT HERE. UM, SO THE QUESTION IS, UM, SO WHAT IS THE DIFFERENCE IN HEIGHTS, YOU SAY FROM THE, UH, PEOPLE BEHIND YOU AS FAR AS THEIR, THEIR LOT AND, AND THAT THE, THEIR BACKYARD TO YOUR BACKYARD. SO, UH, I'M ASSUMING THAT THEIR YARD IS HIGHER THAN YOURS. YES, A LITTLE BIT HIGHER. AND THE INTERESTING THING IS BETWEEN 1 3 2, 4 7 WHERE THE BIG RED X IS AND 1, 3, 2, 4, 3, THEIR LOT GOES LIKE THIS WAY DOWN THE SIDE. SO WHERE THAT CONCRETE WALL WAS, IT'S LIKE A 12 FOOT DROP, THERE'S A 12 FOOT WHERE THAT EIGHT FOOT CONCRETE FENCES ON THE OPPOSITE SIDE IS 12 FEET. SO THEY HAVE MADE ADJUSTMENTS FOR THEIR YARD AND THEN WE WANTED PRIVACY BETWEEN US AND 1 3 2 0 3. AND SHE WAS VERY GRACIOUS. AND SHE SAID, OH, THAT'S FINE, BECAUSE MY BACK FENCE, UM, WITH 1 3, 2, 3, 900 VIEW AND 1 3, 2, 4, 300 VIEW IS EIGHT FEET. SO SHE DIDN'T [01:20:01] MIND. AND WE DO WANNA PUT LANDSCAPING IN FRONT OF IT, SO IT'S NOT UNSIGHTLY OR AN EYESORE, IT'S JUST WE HAVE TO PUT THE FENCE IN FIRST. AND THE GENTLEMAN THAT BUILDS A FENCE IS, IS HE'S LIKE AN ARTISAN. HE DOES A GREAT JOB AND IT'S JUST BEAUTIFUL. EVERYBODY LOVES IT. AND SINCE I OFFERED TO PAY FOR ALL OF IT, THE PEOPLE ACROSS THE STREET WERE SAYING, I WISH YOU WERE MY NEIGHBOR BECAUSE I WOULD GET A FREE FENCE. SO I'M TRYING TO BE VERY KIND AND ACCOMMODATING. OKAY. WELL, VERY GOOD. SO, UH, SECOND QUESTION IS, UM, ONE OF THE PICTURES THAT YOU SHOWED, TALKED ABOUT THE FRONT FENCE AND SHOWED LIKE A GATE THAT YOU'RE LOOKING AT. YES. SO, UM, ARE YOU ASKING FOR A TALLER GATE IN FRONT AS WELL? YES. WE WANT A SEVEN AND A HALF FOOT GATE AND, UH, EVENTUALLY OUR BACKYARD'S REALLY BIG. EVENTUALLY I WOULD LIKE TO MAYBE PUT, UM, A PERGOLA OR, OR A GUEST HOUSE OR, OR A GARAGE OR ANYTHING WE NEED JUST BACK THERE. SO I WANT THAT GATE TO BE LIKE A DOUBLE GATE SO WE CAN ACCESS AND BRING IN ALL THE EQUIPMENT. BUT THAT WOULD BE DOWN THE ROAD, NOT ANY TIME. OKAY. 'CAUSE 'CAUSE THERE, THERE ARE, UH, GUIDELINES AND RESTRICTIONS FOR IF YOU MOVE FENCES IN FORWARD OF THE HOUSE, THE FRONT OF THE HOUSE. MM-HMM. . SO Y'ALL, YOU RUN INTO NEW RULES OR ADDITIONAL RULES, AND THEN ACROSS THE FRONT OF THE HOUSE THERE'S ALSO HEIGHT RESTRICTIONS AND THEN YOU WOULD NEED TO COME BACK UNLESS YOU'RE ASKING FOR IT RIGHT NOW. YES. SO, UM, I'M ASKING FOR AN EIGHT FOOT FENCE AND A SEVEN AND A HALF FOOT GATE. AND THE EIGHT FOOT FENCE DOES NOT EXCEED THE FRONT OF MY HOUSE BECAUSE MY GARAGE IS BUMPED OUT. SO I DIDN'T KNOW IF I HAD TO STOP AT THE PORCH OR WHERE THE GARAGE IS BUMPED OUT. SO WE, WE ARE STOPPING WHERE THE GARAGE IS BUMPED OUT UNLESS YOU GUYS, UNLESS THE LAW IS THAT WE HAVE TO STICK WITH THE PORCH. DOES THAT MAKE SENSE? STAFF, UH, WITH THIS APPLICATION AS SHE'S NOT PROPOSING ANY FENCE, UH, WITHIN THE FRONT YARD, SOLELY IN THE SIDE AND REAR? THAT'S CORRECT. THANK YOU. SO THAT'LL HAVE TO BE A DIFFERENT DIALOGUE AT SOME POINT THEN. OKAY. I DON'T WANT ANY FRONT FENCE. UM, WE'RE NOT ALLOWED TO DO THAT. IS THAT WHAT YOU'RE TALKING ABOUT? WELL, I THINK YOU'RE TALKING ABOUT A GATE AND THE GATE. THE GATE IS WHERE THAT BLUE PIECE, BECAUSE WE HAD A BRICK WALL. SO IF YOU GO BACK, BACK THE LINE, THE, THE GATE DOESN'T MOVE FORWARD FROM THE PAST, THE FRONTAGE OF THE HOME. SO IT WOULD BE CONSIDERED SIDE REAR. IT'S NOT PART OF A FRONT FENCE. OH NO, WE'RE NOT DOING ANYTHING IN THE FRONT. DO YOU SEE WHERE MY GARAGE IS BUMPED OUT AND IT LINES UP WITH THAT RED LINE? THAT'S WHERE THE EIGHT FOOT GATE FENCE WOULD STOP AND THAT WILL GIVE US PRIVACY FROM THE OTHER NEIGHBOR BECAUSE THERE'S SO MUCH FOOT TRAFFIC THERE AND I CAN SEE EVERYTHING FROM OUR WINDOW. I SEE PEOPLE WALKING BACK AND FORTH WE'RE ONLY 13 FEET APART AND THEN THEY PUT THE GARBAGE BINS THERE. DOES THAT MAKE SENSE? YEAH. SO I GUESS THIS QUESTION'S FOR STAFFED. SO THE SHOWS A RED LINE GOING FORWARD OF THE BLUE LINE. THE BLUE LINE IS EVEN WITH THE FRONT OF THE HOUSE. SO WOULD THAT RED LINE ON THE LEFT SIDE BE CONSIDERED? UM, A FENCE FOR THE FRONT YARD? UH, IT'S STILL SIDE YARD BECAUSE IT DOESN'T PASS THE FRONT FACADE OF THE HOME, WHICH WOULD BE THE GARAGE, THE FRONT OF THE GARAGE. OKAY, SO YOU'RE COUNTING THE GARAGE AS THE FRONT FACADE THEN. OKAY, SO GOOD. UM, AND WE WANTED THAT THERE, 'CAUSE IF WE OPENED THE GATE, WE THOUGHT IT WOULD BE AGAINST A NICE FENCE AND SHE WOULDN'T HAVE TO SEE OUR GATE OPEN. OKAY, THANK YOU. AND I ALSO, I WANT THE HEIGHT BECAUSE OF THE FENCE HOPPERS IN THE CRIME. THANK YOU. UH, ANY OTHER QUESTIONS? MINKA? MINKA, I JUST NEED A LITTLE BIT OF CLARIFICATION FROM STAFF. IN TERMS OF ELEVATIONS. SHE SAID LIKE A 12 FOOT CHANGE. WHAT IS A FOUR FOOT RULE AROUND THE WHOLE HOUSE? THE WHOLE FENCE THAT WARRANTS EIGHT, EIGHT FEET. SO WE MEASURE, UH, BASED ON THE FOUNDATION OF THE HOME, IF YOU LOOK AT THE PROPERTIES ON EITHER SIDE, THERE'S NOT A FOUR FOOT ELEVATION CHANGE BETWEEN THEM. THERE IS NOT, IS THAT WHAT YOU SAID? CORRECT, ON EITHER SIDE. UM, WE'LL HAVE TO LOOK AT THE PROPERTY IN THE REAR JUST TO, YOU KNOW, FACTUALLY DETERMINE THAT. SO I HAVE A FOLLOW UP QUESTION. UH, WHICH, WHO, WHICH STAFF MEMBER WENT OUT TO THE SITE? YOU DID. DID YOU, DID YOU HAPPEN TO MAKE ANY OBSERVATION, UH, TO THE HOMES IN THE REAR OF THE PROPERTY? THERE WAS A NOTICEABLE CHANGE. THOSE WAS A NOTICEABLE CHANGE IN GRADE FROM THE REAR TO THE FRONT OF THE HOUSE. I KNOW WE DON'T HAVE AN EXACT NUMBER, BUT IN YOUR OPINION, DO YOU THINK IT, IT IT'S CLOSE TO FOUR FEET OR MAYBE EXCEEDING FOUR FEET? IF I HAD TO GUESS, I'D SAY IT'S SLIGHTLY, PROBABLY RIGHT UNDER FOUR FEET. OKAY. THANK YOU VERY MUCH. IF YOU LOOK AT THAT PHOTO, HOLD ON, MA'AM, WE HAVE, I'M SORRY, IS THERE ANY OTHER QUESTIONS FOR THE APPLICANT? NO. OKAY. SO WITH THAT, UM, WELL WE'RE GONNA GO AHEAD AND DELIBERATE. YOU CAN TAKE A SEAT. OKAY. UM, AND ANYONE LIKE TO MAKE A MOTION ON THIS CASE TO COMMISSIONER TEAL REGARDING CASE NUMBER BO [01:25:01] EIGHT DASH 21 DASH 3 0 0 82. I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A TWO FOOT SPECIAL EXCEPTION FROM THE SIX FOOT FENCE HEIGHT MAXIMUM TO ALLOW FOR AN EIGHT FOOT WOODEN PRIVACY FENCE. EXCUSE ME, I PULLED UP THE WRONG ONE. STRIKE THAT. STARTING OVER. REGARDING CASE NUMBER BO A DASH 21 DASH ZERO THREE DASH ZERO, EXCUSE ME, 0 0 0 7 2. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT TO ALLOW A SIDE AND REAR PRIVACY FENCE TO BE EIGHT FOOT TALL, SITUATED AT 1 3 2 0 2 CREEK DAWN, APPLICANT BEING CATHERINE GARZA 'CAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE BOARD FINDS THAT THE AREA HAS SOME TO TOPOGRAPHY DIFFERENCES, WHICH WAS OBSERVED UPON THE SITE VISIT. AND IF GRANTED STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY OBSERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHT TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. AN EIGHT FOOT WOODEN PRIVACY FENCE ALONG THE SIDE AND REAR PROPERTY LINES DOES NOT POSE ANY ADVERSE EFFECTS TO THE PUBLIC WELFARE. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE WILL CREATE AN ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY. THERE ARE ALSO ELEVATION DIFFERENCES BETWEEN THE SUBJECT PROPERTY AND ABUTTING PROPERTIES. SO THE ADDITIONAL HEIGHT IS UNLIKELY TO SUBSTANTIALLY INJURE NEIGHBORHOOD NEIGHBORING PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL HEIGHT FOR THE SIDE AND REAR YARD FENCES WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. D S D TRAFFIC STAFF DID REVIEW THE FENCE AND IT DOES NOT VIOLATE ANY CLEAR VISION STANDARDS. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS THE CURRENT USE OF THE SINGLE FAMILY HOME. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION THERE. SECOND. SECOND. ALL RIGHT. WE HAVE A MOTION BY COMMISSIONER THIEL AND A SECOND BY COMMISSIONER FISHER. COMMISSIONER THIEL. I'LL BE IN SUPPORT OF THIS. IT SEEMS PRETTY STRAIGHTFORWARD TO ME. DEFINITELY QUITE A BIT OF, UH, TOPOGRAPHY ISSUES. ALSO PLENTY OF EXAMPLES OF OTHER EIGHT FOOT FENCES. AND I BELIEVE THAT, UH, ESPECIALLY WHEN THERE'S A POOL THERE, NOT ONLY THE PRIVACY ISSUE, BUT THE SAFETY ISSUE FROM, UH, YOU KNOW, UH, PEOPLE WANTING TO GET IN AND TAKE A DIP. SO I'LL BE IN SUPPORT. THANK YOU. COMMISSIONER FISHER? YES, I AGREE WITH MY COLLEAGUE FOR ALL THE, UH, REASONS HE CITED, ESPECIALLY THE VARIANCES IN THE TOPOGRAPHY AND, UH, THE DEFINITE NEED FOR CONSISTENCY OF THE FENCING IN THIS AREA AND TO PREVENT, UH, OUTSIDE INFLUENCES FROM ENTERING THE, THE RESIDENCE AREA. SO I AGREE WITH MY COLLEAGUE, I'LL BE IN SUPPORT. OKAY. UH, ANY OTHER COMMISSIONERS LIKE TO CHIME IN? OKAY, I'M JUST GONNA ADD THAT, UH, THE PICTURE I SAW THAT SHOWED THE, THE NEIGHBOR'S, UH, HOME, UH, WITH A PORCH FAIRLY CLOSE TO THE SIDE, UH, WOULD KIND OF PUT ME OVER THE EDGE IN SUPPORT OF THIS. AND ALSO WITH THE COMPLAINT OF ANY LIGHTING, THIS WILL HELP, UH, KEEP LIGHTING FROM MOVING OVER TO THE NEIGHBOR'S HOME AS WELL. SO I'LL BE IN SUPPORT STAFF, PLEASE TAKE A ROLL CALL. VOTE. MR. THIEL. YES, I CONCUR. MS. FISHER? YES, I CONCUR. MR. TREVINO? YES, I CONCUR. MR. MANCHACA. I CONCUR. MR. LOVE I CONCUR. MS. CRUZ? YES, I CONCUR. MR. MANA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. UH, MOTION PASSES UNANIMOUSLY. UH, MS. GARZA, IF YOU COULD PLEASE GET WITH STAFF, WE'LL TALK TO YOU ABOUT, UH, WHAT TO DO NEXT. SAY SOMETHING, UH, PLEASE MAKE IT BRIEF. I WILL. I FORGOT TO THANK KAYLA AND ROLAND AND, UH, MERKO. THEY REALLY HELPED ME A LOT AND THEY WERE VERY KNOWLEDGEABLE, SO THANK YOU FOR YOUR TIME. THANK YOU. UH, NEXT CASE PLEASE. IS, UH, JEFFREY SCHRIER IN ATTENDANCE? YES. OKAY, PERFECT. UM, [5. 21-5156 BOA-21-10300082] NEXT CASE IS GONNA BE, UH, BOARD OF ADJUSTMENTS, 21 DASH 1 0 3 0 0 0 8 2. SUBJECT PROPERTY IS 26 45 PEBBLE VALLEY, [01:30:01] UH, LOCATED IN DISTRICT 10. UH, APPLICANT IS GONNA BE JEFFREY RENER, UH, SCHNIER SCHNIER, I APOLOGIZE. SCHNIER, UH, REQUEST A TWO FOOT SPECIAL EXCEPTION FROM THE SIX FOOT FENCE HEIGHT MAXIMUM TO ALLOW EIGHT FOOT WOODEN PRIVACY FENCE ALONG THE SIDE AND REAR PROPERTY LINES. CURRENT ZONINGS ARE SIX SUBJECT PROPERTY LOCATED ALONG PEBBLE VALLEY AND THOUSAND OAKS CURRENTLY AS A SINGLE FAMILY RESIDENCE CONSTRUCTED ON THE PROPERTY. THERE'S, UH, CURRENTLY AN EXISTING WOODEN PRIVACY FENCE MEASURING EIGHT FEET IN HEIGHT. UH, IT ENCOMPASSES BOTH THE, UH, SIDE AND THE REAR PROPERTY LINES. WOODEN PRIVACY FENCE IS TWO INCHES TALLER THAN CURRENT CITY CODE ALLOWS UPON SITE VISITS. STAFF ALSO OBSERVE OTHER HOUSES IN THE NEIGHBORING AREA WITH A SIMILAR EIGHT FOOT FENCE. NO PERMITS HAVE BEEN ISSUED FOR THE FENCE. CURRENTLY, UH, ATTACHES A SITE PLAN FOR THE, UH, SUBJECT PROPERTY. SO YOU CAN SEE, UH, IT ENCOMPASSES THE SIDE AND THE REAR PROPERTY LINES FRONT, UH, FRONT PHOTOGRAPH OF THE SUBJECT PROPERTY. THAT'S GONNA BE THE LEFT SIDE OF THE HOUSE AS YOU'RE LOOKING TOWARDS IT. AS YOU CAN NOTICE, A SLIGHT CHANGE IN GRADE ON THE GROUND, THAT'S THE RIGHT PORTION OF IT. ALSO, A CHANGE IN GRADE, UH, EIGHT FOOT IN HEIGHT MEASUREMENT, THAT'S THE REAR OF THE PROPERTY LINE. UH, THERE IS A UTILITY SORT OF EASEMENT RIGHT THERE WHERE, UM, OBVIOUSLY SO THE UTILITIES CAN GET TO DO THEIR WORK. UH, SURROUNDING NEIGHBORHOOD AREAS SIMILAR, UH, EIGHT FOOT FENCE, THAT'S THE PROPERTY LOCATED DIRECTLY BEHIND IT. SURROUNDING AREAS, SURROUNDING AREA, SURROUNDING AREAS. UM, STAFF RECOMMENDS APPROVAL IN, UH, BO O A 21 DASH 1 0 3 0 0 0 82 BASED ON THE FOLLOWING FINDINGS OF FACT, THERE ARE ELEVATION DIFFERENCES ON THE SUBJECT PROPERTY AND THE ABUTTING PROPERTIES. THE PROPOSED FENCE DOES NOT VIOLATE ANY CLEAR VISION STANDARDS. THERE WERE 28 NOTE NOTICES MAILED OUT. SIX WERE IN FAVOR, TWO WERE IN OPPOSITION. THERE WAS NO RESPONSE FROM OAK HOLLOW PARK NEIGHBORHOOD ASSOCIATION OUTSIDE OF THAT 200 SQUARE FOOT RADIUS. THERE WAS TWO IN OPPOSITION AND ONE IN FAVOR. APPLICANT PRESENTATION MR. SCH. UH, GOOD AFTERNOON. UH, MY NAME IS JEFFREY SCHNIER. UH, THE ADDRESS IS 26 45 PEBBLE VALLEY. AND, UH, YOU KNOW, I'M NOT SURE I HAVE A WHOLE LOT TO, TO, UH, TO BUILD OFF OF, OF, OFF OF WHAT HE SAID OTHER THAN THE FACT THAT THEY DID NOT GET ACCESS TO THE REAR OF MY HOME. IS THERE, IS THERE SOMETHING, OH, YOU GOT IT IN THERE. SO I KIND OF SUPPLEMENTED THE SITE PLAN WITH, UM, WITH, WITH A GRAPHIC THAT SHOWS THAT I'VE GOT A, A THREE FOOT RETAINING WALL BEHIND MY, BEHIND MY POOL. SO I PURCHASED THIS HOME IN SEPTEMBER OF LAST YEAR. WHEN I BOUGHT THE HOUSE, IT WAS ABOUT A 35 YEAR OLD FENCE THAT WAS IN PLACE. UM, THERE'S AN EXISTING, THERE WAS AN EXISTING EIGHT FOOT FENCE IN THE, I GUESS YOU COULD CALL IT THE NORTHWEST CORNER, SIR, UH, STAFF. IS THERE A LASER POINTER YOU CAN GIVE HIM? PERHAPS? IS THERE SOMETHING? OKAY. OKAY. ALL RIGHT, GREAT. THANK YOU. AND THEN I, I APOLOGIZE, THIS IS MY FIRST TIME DOING THIS. IS THERE, UM, JUST OTHER PHOTOS, LIKE FROM MY PRESENTATION THAT I SUBMITTED BECAUSE I, I SUBMITTED, I SUBMITTED SOME OTHER, SO IN THE APPLICATION PHOTOS IN MY APPLICATION, BUT I, I HAD TO MAIL IT IN SO I DIDN'T, WE'LL SEE IF THEY CAN BRING THOSE UP FOR YOU. OKAY. ALRIGHT. SO, UM, THERE WE GO. OKAY. YEAH. SO I'VE GOT A THREE FOOT WALL IN MY BACKYARD THAT GOES ABOUT, LIKE, CAN YOU STAY AT THE MIC? YEAH. OH, YEAH, SORRY ABOUT THAT. SO I'VE GOT A, I'VE GOT A THREE FOOT WALL THAT GOES ABOUT RIGHT HERE. THERE'S ABOUT A FOUR FOOT GRADE CHANGE FROM THIS WALL TO THIS WALL. SO IF I WAS STANDING IN MY BACKYARD NEAR THE POOL, I, I ONLY HAD WITH THE SIX FOOT FENCE ABOUT TWO TO TWO AND A HALF FEET OF CLEARANCE. SO EVERYBODY WHO WAS DRIVING ALONG PEBBLE FOREST DRIVE, UH, WHICH IS THE MAIN EGRESS TO THE, TO THE NEIGHBORHOOD, COULD SEE RIGHT INTO MY BACKYARD. UM, ADDITIONALLY, IF THEY ARE ABLE TO PULL THAT UP AND GO TO THE NEXT PAGE, UM, YEAH, I'VE GOT THE UTILITY BOXES RIGHT THERE. UM, AND SO THOSE ABUT MY PROPERTY, THOSE ARE ABOUT FIVE FEET OFF THE GROUND. SO IT WAS ONLY ONE FOOT OF CLEARANCE BETWEEN THOSE IN MY BACKYARD. AND THEN IF YOU SCROLL TO THE NEXT PAGE, THAT'S WHERE I SHOW THE, THE RETENTION WALL IN THE BACK OF MY YARD THAT, LIKE I [01:35:01] SAID, IS NEARLY THREE FEET TALL. AND THEN IF YOU KEEP SCROLLING, UM, SO THE PICTURE ON THE BOTTOM LEFT SHOWS WHAT THE, THAT, THAT WAS, THAT WAS THE, I GUESS THE BEFORE PICTURE SO YOU COULD SEE WHERE THE WALL IS. AND THEN MY NEIGHBOR IN THE BACK, UM, WITH THE NEW FENCE, AND I APOLOGIZE AS IT'S ALREADY UP, BUT WITH THE NEW FENCE, THAT'S A SIX FOOT FENCE RIGHT NOW. UM, SO, SO THERE'S A TWO FOOT DROP IN BETWEEN MY HOUSE AND THAT PROPERTY. AND THEN, AS I MENTIONED, THIS HOUSE RIGHT HERE ALREADY HAD AN EIGHT FOOT FENCE. SO WHEN I BUILT THIS, I JUST, I JUST ATTACHED IT, YOU KNOW, I, I JUST, I JUST LEVELED EVERYTHING OUT. SO THAT GRAY PORTION OF THIS FENCE RIGHT HERE WAS PRETTY EXISTING. SO I MEAN THAT'S, THAT'S, THAT'S PRETTY MUCH WHAT I'M, WHAT I'M WORKING WITH JUST ELEVATION AND GRADE CHANGE AND A LITTLE BIT OF SECURITY ISSUES AROUND THOSE UTILITY BOXES IN A, IN A BUSY STREET AND, YOU KNOW, PRECEDENT THERE BEING OTHER EIGHT FOOT FENCES IN THE NEIGHBORHOOD, ET CETERA. OKAY. THANK YOU VERY MUCH. OKAY. IF YOU COULD TAKE A SEAT. WE'RE, UH, STAFF, IS THERE ANY PUBLIC COMMENTARY TO READ DAN? ARE ANYONE SIGN UP TO SPEAK? WE HAVE SOME VOICEMAILS TO PLAY. WONDERFUL. AND I THINK WE ALSO HAVE ONE PERSON WHO SIGNED IN. OKAY. LET'S HEAR THE, UH, UH, PERSON WHO DID SIGN IN FIRST. IF WE COULD, UH, CHRISTINE LITTLE, I LIVE BEHIND HIM. UH, PLEASE. YEAH, PLEASE, UH, COME ON UP. UH, PLEASE COME UP AND, UH, STATE YOUR NAME AND ADDRESS FOR THE RECORD AND LET US KNOW YOUR THOUGHTS. YEAH, WE LIVE, WE LIVE BEHIND HIM. OUR ADDRESS IS, MA'AM, WE NEED YOUR ADDRESS FOR THE RECORD AND ADDRESS, AND MY ADDRESS IS 26 18 PEBBLE BREEZE. THANK YOU. SO OUR HOUSES ARE RIGHT BEHIND HIM. UM, WE, WE HAVE LIVED IN THIS HOUSE FOR SIX YEARS AND A LADY THAT LIVED THERE BEFORE US, BEFORE HIM HAD SIX RESCUE DOG FAILURES THAT WERE BEHIND US, THAT ARE CONSTANTLY BARKING AT US. AND SO WE WERE, HAD SEVERAL INTERACTIONS BETWEEN US AND HER AND HER WHERE WE, IT'D BE LIKE TOOL TIME, YOU KNOW, WHERE WE WOULD BE STANDING HERE AND, AND SHE'D BE, YOU KNOW, ON, ONTO THIS SIDE OF THE FENCE. AND IT WAS LIKE, WE COULD SEE THE TOP OF HER HEAD TO, SO THE, I GUESS THE, THAT'S A HOME IMPROVEMENT REFERENCE JUST FOR EVERYBODY'S HOME IMPROVEMENT, HOME IMPROVEMENT SHOW. OKAY. SO THAT WAS OUR REFERENCE OF HOW THE TALL, THE FENCE WAS NOT VERY TALL, AND SO WE DID NOT HAVE VERY MUCH PRIVACY. AND WHEN OUR MR. STIFFER, STIFFER MOVED IN, WE TALKED WITH HIM ABOUT PUTTING A FENCE IN. WE BOTH THOUGHT THERE WAS A GREAT IDEA BECAUSE WE DIDN'T LIKE THE CURRENT ONE AND THE SIX FOOT, LIKE I SAID, BECAUSE HE, HIS, HIS PROPERTY IS A DIFFERENT HEIGHT THAN OURS. LIKE I SAID, IT WAS MADE TOTAL SENSE TO HAVE THE, THE FENCE TO BE EIGHT FEET TALL. PLUS WE HAVE, WE BOTH HAVE POOLS AND WE HAVE TWO HIPPIE DOGS THAT I'M SURE HE DOESN'T LIKE TO HEAR. SO, , SO THIS IS A, IT'S A, UM, WE, SO TO ME, TO US IT MADE TOTAL SENSE. AND I NEED, I, I'M IN THE PROCESS OF DOING THE PAPERWORK TOO, TO, TO HAVE THE SAME HEARING. I WISH I COULD JUST DO IT TOGETHER BECAUSE THEN IT WOULD SAVE YOU ALL A LOT OF TIME. YOU MAY COULD HAVE, I I I DON'T KNOW IF THAT'S YOU ACTUALLY, YOU CAN, I'LL PAY THE, I'LL PAY THE MONEY . IT'S TOO LATE NOW, BUT I'M SAYING I PAY THE MONEY. BUT , I HAD TROUBLE WITH THE WEBSITE. I WAS TRYING TO DO THE ONLINE APPLICATION. I COULDN'T GET THE, GET IT TO WORK. SO ANYWAY, UM, I'M IN THE PROCESS OF DOING THE, THE HAND HANDWRITTEN ONE. BUT, UM, SO I, LIKE I SAID, WE ARE IN FAVOR OF HAVING A FENCE THAT, THAT, THAT HEIGHT BECAUSE HE, LIKE, IT'S LIKE YOU SAID, IT'S AN ISSUE OF PRIVACY. IT'S AN ISSUE OF, UM, OF ALSO SECURITY. AND, UM, SO I THINK THAT I'VE BEEN SUPPORTIVE OF IT. THANK YOU VERY MUCH. UH, UH, FOR THE VOICEMAILS, THIS IS MAUREEN LANCASTER, 2 6 2 7 PEBBLE BREEZE. CASE NUMBER BO, A 2 1 1 0 3 0 0 8 2. IT'S CONCERNING AN EIGHT FOOT FENCE AT THE HOME AT 26 45 PEBBLE VALLEY. MY HUSBAND JACK AND I LIVE IN DIRECT VIEW OF THE FENCE IN QUESTION. WE ARE IN FAVOR OF ALLOWING THE EIGHT FOOT FENCE. THERE ARE TWO OUTSTANDING REASONS. ONE IS SECURITY AND OUR NEIGHBOR NEIGHBORHOOD. WE HAVE HAD, UH, DRUG AND BURGLARY SUSPECTS JUMP FENCES IN ORDER TO HIDE FROM POLICE. AND THIS HOUSE IS ON THE MAIN ENTRY ROAD AND WE FEEL LIKE IT IS A SAFETY SITUATION FOR THE HOMEOWNER AND OTHERS IN THE NEIGHBORHOOD. ALSO, IT'S A PRIVACY ISSUE. WE LIVE IN DIRECT EYESIGHT OF THE FENCE AND THIS HOUSE, AND UNTIL THEY BUILT THE EIGHT FOOT FENCE, WE COULD SEE DIRECTLY INTO THESE, THE PEOPLE'S BACKYARD AND HOUSE. AND IF WE COULD DO SEE THAT WAY BECAUSE OF THE ELEVATION, OTHERS COULD ALSO. SO AGAIN, WE ARE IN FAVOR OF THE EIGHT FOOT FENCE. THIS IS JACK AND MAUREEN LANCASTER. THANK YOU. [01:40:02] HELLO, MY NAME IS MARK DACKER. I LIVE AT 2 6 3 9 PEBBLE BREEZE. I'M CALLING ON, UH, BOARD ADJUSTMENT, UH, HEARING, UH, 2 1 1 0 3 0 0 0 8 2. CALLING TO SAY THAT I AM AGAINST HAVING THE VARIANCE ON THE FENCE APPROVED. UH, THE FACT IS THAT OUR NEIGHBORHOOD IS NOT ZONED OR HAD FOR EIGHT FOOT FENCES. UH, I DON'T BUY THE, UH, FACT THAT THEY'RE ASKING TO HAVE IT GUN FOR PRIVACY AS THE OLD FENCE THAT USED TO BE SIX FOOT ON THOSE PROPERTIES PROVIDE A PLENTY OF PRIVACY. YOU CAN NOT SEE INTO THEIR YARD FROM THEIR, THE ROADS OR THE SIDEWALK. UH, SO THEY TORE DOWN THOSE FENCES AND PUT THE NEW ONES UP. WE DIDN'T EVEN KNOW THAT THE HEDGE POOLS IN THEIR BACKYARDS. UM, ALSO THE FACT THAT THEY'RE ASKING FOR PRIVACY FROM THEIR NEIGHBORS, WHEN THE NEIGHBORS ALL HAVE TWO STORY HOMES NEXT TO THEM, THEY CAN EASILY SEE INTO THE YARDS. UH, WE'RE ASKING THAT WE MAINTAIN THE UNIFORMITY OF THE NEIGHBORHOOD WITH SIX FOOT FENCES AS THEY'RE, AGAIN, NOT ACCEPTABLE IN, UH, THIS NEIGHBORHOOD. THAT WAY IT WAS PLANTED, THIS HAPPENED, AND WE'LL BE GOING BACK TO HAVING NEIGHBORHOODS OF HODGEPODGE OF, UM, THINGS DONE TO THE PROPERTY THAT, UH, WELL DISTRACT FROM THE, THE QUALITY OF THE NEIGHBORHOOD AS IT IS NOW. SO ANYWAY, I'M JUST GETTING TO SAY I'M, I'M HERE TO CALL TO THAT I OPPOSED THE VARIANCE TO ALLOW THE EIGHT FOOT FENCE FOR THESE TWO PROPERTIES. THANK YOU. BYE. OKAY. UM, CAROLYN ACKER 2 6 3 9 HUBBLE BREEZE, CASE NUMBER B O A 2 1 1 0 3 0 0 0 8 2. I VOTE IN OPPOSITION TO THE REQUEST FOR EXCEPTION. THE, THERE'S NO VALID REASON FOR IT. WHEN MY FAMILY TRIED TO TEND TO REACH THE CONTRACTOR THAT DAY, WE WERE THE ONES THAT ACTUALLY ENDED UP CALLING 3 1 1 GOING TO THE CONTRACTOR. WHAT WAS GOING ON AS FAR WHAT'S REQUIRED OF PERMITTING AND A BOARD OF ADJUSTMENTS? WE TWO HAVE AN EIGHT FOOT FENCE. THERE REALLY ARE NO VALID REASONS FOR AN EXCEPTION. THE NOISE IS MINIMAL. WE LIVE LESS THAN HALF A BLOCK AWAY. OUR STREET IS EQUALLY BUSY BECAUSE IT IS ONE OF THE MAIN CIRCLE POLE THROUGH EITHER THE ENTRANCE AND EXIT, UM, ON JOHN'S BURGER AND ALSO THOUSAND OAKS. WE ALSO DON'T SEE AS A SECURITY ISSUE. THERE ARE NO, UH, POLICE REPORTS THAT SHOW THE INCIDENT CARGO BELIEVE ET HOME BURGLARY AT THAT ADDRESS. AND THAT FOR PRIVACY, THE PREVIOUS SIX FOOTPRINT ALONG 1204, NO ONE COULD SEE EITHER INTO THAT. IN FACT, MANY OF US DIDN'T HAD CLEANING POOL. UM, THE, UH, I WAS ACTUALLY TWO OWNERS INVOLVED IN THIS CASE, BUT THIS IS THE FIRST ONE I APPARENTLY SO, AND THE ADJACENT PROPERTIES TO THE, TO THE WEST ARE ALL TWO STORY HOMES. JUST THAT, LIKE THE PROPERTY OWNER 2 6 45. SO SOMEBODY'S GONNA LOOK IN, THEY'RE GONNA BE ABLE TO DO IT FROM AN UPPER WINDOW. UM, AS I SAID, WE ATTEMPTED TO MITIGATE AND, UH, AND TALK TO THE CONTRACTOR, BUT, UM, HE STATED THAT THE HOMEOWNER DID NOT CARE TO OBTAIN A PERMIT. UM, THEN WE DID A STATED REPORT TO 3 1 1 CO COMPLIANCE. WE'D BEEN CONTINUING TO WORK WITH STEVEN PETERSON, UH, IN DISTRICT 10 REGARD REGARDING THE CASE. UM, THEY APPRECIATE IT. WHEN OUR NEIGHBORS MAKE IMPROVEMENTS TO THEIR HOMES, UM, THEY'LL SENSE CENSUS LOOKS PRETTY BAD. HAS IT BEEN MORE THAN THREE MINUTES PRECEDENT IN OUR COMMUNITY, UM, IN OUR VOLUNTEER IT'S TWO MINUTES MAX FOR VOICEMAIL AND THEN THREE MINUTES IN PERSON. THAT, UH, CONCLUDES ALL THE VOICEMAILS. THANK YOU VERY MUCH. UM, IS THERE THIS, DOES ANYONE ON THE ON THE COMMISSION HAVE ANY QUESTIONS FOR THE APPLICANT? MR. UH, SCHNIPPER? SO MANNA, SO I ACTUALLY HAVE A QUESTION. SORRY, IF YOU COULD PLEASE COME BACK IN. SO, QUESTION FOR STAFF. SO I'M SORRY, THE LAST, IT WAS VERY HARD TO HEAR. THE LAST UH, COMMENT WAS THAT PERSON FOUR OR AGAINST, AGAINST THE LAST VOICEMAIL WAS OPPOSED. OKAY. OPPOSED. OKAY, THANK YOU. UM, LET'S SEE. OH, SO ACTUALLY LOOKING AT GOOGLE, UH, MAPS AND LOOKING IN THE DRIVE OR LOOKING AT THE CAR PICTURE, UM, I SEE THE BACKSIDE OF THE FENCE, THE BOTTOM OF IT. SO ACTUALLY LOOKING AT IT, KIND OF DISAGREEING WITH, UH, ONE OF THE COMMENTS THAT WAS SAID. UM, SO, SO, SO IF YOU LOOK AT THE STREET FROM, FROM THE STREET ON THE, UM, ON THE MAIN THOROUGH FOR THERE. YES SIR. CAN YOU SEE THE OTHER SIDE OF THE FENCE, YOU KNOW, ON, YOU KNOW, ON THE OTHER SIDE [01:45:01] OF YOUR YARD? SO, SO YOU HAVE YOUR ELEVATION CHANGE, RIGHT? THAT YOU TALKED ABOUT. SO THREE FOOT UP. SO, SO ACTUALLY FROM THE STREET, SO THERE WAS, SO COMING MORE FROM RIGHT ABOUT WHERE THE UTILITY BOXES ARE UHHUH, . SO, SO FROM THE STREET, CAN YOU SEE STANDING AT THE FENCE ALL THE WAY OVER TO THE OTHER SIDE OF THE PROPERTY? CAN I, CAN I SEE FROM, YEAH. SO IF SOMEONE'S STANDING ON THE DRIVEWAY OR ON THE SIDEWALK, CAN YOU SEE ALL THE WAY ACROSS YOUR YARD TO THE OTHER SIDE OF YOUR YARD? UH, CURRENTLY, NO. OKAY. SO THE FENCE, 'CAUSE IT'S BECAUSE I SEE A PICTURE HERE WITH GOOGLE MAPS OR, OR THE GOOGLE DRIVE WHERE THE CAR WENT BY AND I COULD SEE THE OTHER SIDE OF YOUR FENCE. OH, SO, SO IT'S, SO HERE IT LOOKS LIKE IF I WAS ON, YOU KNOW, IN YOUR NEIGHBORHOOD, I'D BE ABLE TO SEE YOUR WHOLE BACKYARD, I GUESS. YEAH, I, YOU KNOW, I, I I, I GUESS THE ONE THING THAT I WOULD RESPOND TO IN THE FIRST, UH, CALL ABOUT THE OPPOSITION THAT THEY DIDN'T EVEN KNOW THAT ANYBODY WAS AT THERE BEFORE IS, FROM WHAT I UNDERSTAND, THE PERSON WHO LIVED THERE PREVIOUSLY, RARELY, IF EVER USED THE BACKYARD EXCEPT TO LET THE DOGS OUT. SO ONCE I MOVED IN, AND CHRISTINE AND I, YOU KNOW, I'M OUT IN THE BACKYARD ALL THE TIME. I, I BOUGHT A HOUSE WITH A POOL. I, I BOUGHT A POOL WITH A HOUSE, , THAT'S THE, THAT'S THE WAY I DID THIS. SO IF YOU ZOOM IN THERE ON THE PICTURE THERE, RIGHT, AND KEEP ZOOMING IN, ZOOM IN, RIGHT? SO THERE'S A BACK FENCE AND I CAN SEE THE BOTTOM OF THE BACK FENCE RIGHT FROM THE STREET, SO, RIGHT. AND SO YEAH, THAT WAS A, THAT WAS A REALLY OLD 30 YEAR OLD FENCE THAT I, THAT I TORE DOWN AND REPLACED. AND I'VE ALREADY STAINED IT AND EVERYTHING. I'M GONNA MAINTAIN IT IF ANYBODY'S GOT PROBLEMS ABOUT, YOU KNOW, APPEARANCES. UM, IT'S SOMETHING I'M GONNA CONTINUE TO, TO MAINTAIN. I'M SERIOUS ABOUT THIS. OKAY. THANK YOU. UH, ANY OTHER COMMISSIONERS? OKAY. UM, HEARING NONE IF SIR, IS THERE ANY, ANY CLOSING REMARKS YOU'D LIKE TO MAKE? I SUPPOSE THE ONLY CLOSING REMARK IS THAT I APOLOGIZE FOR NOT DOING THIS IN THE PROPER ORDER AND THAT, UM, AS A RESULT I'VE HAD TO, YOU KNOW, POTENTIALLY WASTE OR, OR TAKE UP SOME OF YOUR VALUABLE TIME. THANK YOU. THANK YOU. UH, AS THERE COMMISSIONER, I'D LIKE TO MAKE A MOTION ON THIS BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO O A DASH 21 DASH 0 3 0 0 0 8 2. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED A TWO FOOT SPECIAL EXCEPTION FROM THE SIX FOOT FENCE HEIGHT MAXIMUM TO ALLOW AN EIGHT FOOT WOODEN PRIVACY FENCE ALONG THE SIDE AND REAR PROPERTY LINE SITUATED AT 2 6 4 5 PEBBLE VALLEY APPLICANT BEING JEFFREY SCHNIER. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR OFFENSE HEIGHT MODIFICATION. THE ADDITIONAL FENCE, TWO FOOT OF HEIGHT IS INTENDED TO PROVIDE ADDITIONAL PRIVACY FOR THE PROPERTY. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY, AN EIGHT FOOT WOODEN PRIVACY FENCE ALONG THE SIDE AND REAR PROPERTY LINES DO NOT POSE ANY ADVERSE EFFECTS TO THE PUBLIC WELFARE. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE BOARD FINDS THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY AND IT'S UNLIKELY TO INJURE ADJACENT PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL HEIGHT FOR THE SECTION OF REAR AND SIDE YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND WILL PROVIDE SECURITY OF THE DISTRICT. UH, D SS D TRAFFIC STAFF DID REVIEW THE FENCE AND IT DOES NOT VIOLATE ANY CLEAR VISION STANDARDS. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. THANK YOU. UH, IS THERE A SECOND? SECOND? WHO'S THAT? OH, COMMISSIONER . OKAY. COMM. COMMISSIONER TREVINO HAS A SECOND. UH, SO COMMISSIONER BRAGMAN, PLEASE LEAD THE DISCUSSION. THANK YOU. I'LL BE IN SUPPORT OF THE MOTION, UM, CERTAINLY WITH THE TOPOGRAPHY CHANGE IN THE BACKYARD AND THE FACT THAT THE, THE NEIGHBOR SO NICELY CAME DOWN AND AGREED WITH YOU. UM, I'M FULLY IN SUPPORT. SECOND. THANK YOU COMMISSIONER TREVINO? UH, I AGREE WITH MY COLLEAGUE. UM, I THINK THAT HE DEMONSTRATED THE, UM, USE FOR HIS FENCE VERY WELL. UM, I DON'T THINK IT DETRACTS AT ALL FROM THE CHARACTER OF THE COMMUNITY. UM, IT'S SOMETHING THAT'S A NECESSITY FOR HIM, ESPECIALLY CONSIDERING THE TOPOGRAPHY OF THE, THE PROPERTY. SO I'LL BE IN FULL SUPPORT. GREAT. THANK YOU. IS THERE ANY OTHER COMMISSIONERS? ALL RIGHT, STAFFIE, YOU PLEASE TAKE A ROLL [01:50:01] CALL. VOTE MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. TREVINO. I CONCUR. MS. FISHER? YES, I CONCUR. MR. MENCHACA. I CONCUR. MR. LOVE I CONCUR. MS. CRUZ? YES, I CONCUR. MR. MANA. I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MR. THIEL? YES, I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. THE MOTION PASSES. UH, IF YOU CAN GO GET WITH STAFF, I'LL TALK TO YOU ABOUT YOUR NEXT STEPS. THANK YOU. UH, AT THIS TIME I'M GONNA CALL A FIVE MINUTE BREAK. WE WILL RECONVENE AT 2 57. THANK YOU. WELL, IT'S BEEN ABOUT FIVE MINUTES. UM, STAFF IS, ARE Y'ALL READY? ALL RIGHT. AWESOME. UH, NEXT'S CASE PLEASE. OKAY, I CAN BEGIN, BUT I'LL JUST HAVE TO MOVE TO, UH, CHANGE THE SLIDES. ALL RIGHT. SO THIS IS CASE [6. 21-5160 BOA-21-10300091] BO A 21 1 0 3 0 0 0 9 1. THE SUBJECT PROPERTY IS LOCATED AT 3002 BRIAR FIELD DRIVE LOCATED WITHIN COUNCIL DISTRICT ONE. THE APPLICANTS ARE MARIA AND VICKI LIRA. THE REQUEST IS FOR A VARIANCE, UH, TO ALLOW A CORRUGATED METAL FENCE ALONG THE SIDE PROPERTY LINE. THE ZONING OF THE PROPERTY IS A RESIDENTIAL SINGLE FAMILY. OKAY, SO AGAIN, IT IS, THE PROPERTY IS LOCATED ON BRIAR FIELD DRIVE, UM, NEAR TURTLE CREEK. AND THERE IS A SINGLE FAMILY RESIDENCE CURRENTLY CONSTRUCTED ON THE PROPERTY. THE CORRUGATED METAL FENCE IS SIX FEET TALL, UM, AND IS MEASURED OR IS, UH, LOCATED ALONG THE SIDE PROPERTY LINE. ONLY ONE SIDE. UM, SO IT'LL ONLY BE ON THE EASTERN PROPERTY LINE. HERE IS THE SITE PLAN, WHICH SHOWS WHERE THE LOCATION OF THE CORRUGATED METAL FENCE HERE IS THE SUBJECT PROPERTY. AND THAT SHOWS THAT SIDE PROPERTY LINE WHERE THE FENCE IS LOCATED. AND THIS IS JUST SHOWING THE MEASUREMENT THAT IT'S SIX FEET TALL AND THE SURROUNDING AREA STAFF RECOMMENDS DENIAL AND BO O A 21 1 0 3 0 0 0 9 1 BASED ON THE FOLLOWING FINDINGS OF FACT, CORRUGATED METAL FENCE IS PROHIBITED MATERIAL PER U D C SECTION 35 DASH FIVE 14. UM, AND TWO, THE CORRUGATED METAL FENCE IS OUT OF CHARACTER WITH THE, THE NEIGHBORHOOD. AND CONTRARY TO THE PUBLIC WELFARE STAFF SENT UH, 17 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET. ONE WAS RETURNED IN FAVOR AND THREE RETURN IN OPPOSITION. THE COLONIAL HILLS NEIGHBORHOOD ASSOCIATION DID NOT SUBMIT A RESPONSE. OH, SORRY. THEY'RE OPPOSED, . SO IF YOU DON'T HAVE ANY QUESTIONS, WE CAN TURN IT OVER TO THE APPLICANT. GREAT. UM, UH, LET'S SEE. UM, MS. LIRA, IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN BEGIN YOUR PRESENTATION. HI, MY NAME IS VICKI LITA AND I REC RESIDE AT 3002 BRIAR FIELD. UH, WE ACTUALLY DID THE CORRELATED FENCE. UH, THE JOB'S ACTUALLY FINISHED. UH, WE DIDN'T GET THE STOP WORK O NOTICE TILL AFTER IT WAS FINISHED. AT THE MOMENT, THE ONLY THING THAT'S MISSING, UH, IT'S A GATE TO CLOSE ENTRANCE INTO THE BACKYARD. UM, SO IF THE REASON WE CHOSE A CORRUGATED FENCE WAS, UH, THE REGULAR JUST WOODEN FENCE IS, UH, PROVED TO BE REALLY WEAK. WE ACTUALLY HAVE A PIT BULL AND OUR DOGS SOMETIMES GOES OUT AND SHE'LL LEAN ON THE FENCE. THERE [01:55:01] WAS ACTUALLY A TIME WHERE SHE LEANED ON IT AND THEN DUE TO THE WIND, THE FENCE COMPLETELY KNOCKED OVER ONTO THE SIDE PROPERTY LINE. UM, AND THEN I ALSO HAVE A THREE-YEAR-OLD TODDLER THAT GOES OUT THERE AND WALKS. AND THERE'S BEEN INSTANCES WHERE, UH, PANELS HAD FALLEN OVER AND IT WAS JUST REALLY WOBBLY. YOU COULD JUST TIP IT OVER REALLY EASILY. UH, NOW THE REASON WE GOT THE IDEA FOR THE COATED FENCE IS ON THIS STREET OVER ON, UH, GAINESBORO. IT'S ACTUALLY A HOUSE THAT HAS THE SAME TYPE OF FENCE METAL. SO THAT'S WHERE I GOT THE IDEA FROM. I DID NOT KNOW YOU HAD TO HAVE A SPECIAL PERMIT FOR IT OR THAT IT WAS NOT ALLOWED. UH, ALSO, UH, THE REASON WE DID IT ON THIS SPECIFIC SIDE IS THE ONE SIDE THAT'S THE WEAKEST AND THAT NEEDED TO BE REPAIRED, UH, UH, ASAP BECAUSE UM, LIKE I MENTIONED, IT WAS VERY WOBBLY. I ACTUALLY HAVE A PICTURE ON THERE WHERE YOU COULD SHOW, UM, IT ACTUALLY WAS COMPLETELY FALLING OVER AS YOU CAN SEE. UM, AND IT WAS A SAFETY ISSUE, NOT ONLY FOR MY FAMILY BUT FOR THE NEIGHBOR AS WELL. 'CAUSE SHE DOES HAVE A SMALL DOG. UM, SO THE REASON WE ALSO DID THE CORRELATED METAL FENCE AND STUFF, THE WOODEN FENCE IS WITH TIME WOOD KIND OF SHRINKS AND THOSE GAPS BECOME LARGER. AND THERE HAVE BEEN INCIDENTS WITH THE NEIGHBOR, UM, NOT BEING HAPPY WITH OUR DOG AND BEING VOLATILE AND THROWING STUFF AT HER. SO WITH A CORRUGATED FENCE, THERE'S NO SPACES, UM, IN BETWEEN WHERE EITHER THE DOG, THE DOG CAN LOOK OVER OR MY DAUGHTER CAN LOOK OVER AND VICE VERSA, THE NEIGHBOR CAN'T LOOK OVER AND, UH, SEE OVER. NOW WE'VE TRIED, UH, PRIOR TO THIS, WHENEVER THE FENCE WAS WEAK, WE TRIED SPEAKING WITH HER, UH, TO REPLACE IT. SHE REFUSED, UM, TO ANY INPUT IN THE FENCE OF, UH, BOTH, UM, FINANCIALLY AND, UM, COMING UP WITH A WAY TO FIX IT. UM, SO WE TOOK ON THE FINANCIAL, UM, ASPECT OF IT 100%. SO WE'VE PEED FOR ALL THE MATERIALS AND EVERYTHING. I KNOW THAT ONE OF HER CONCERNS WAS THAT ON MY SIDE I LEFT THE SOLID, UH, GRAY SIDE AND ON HER SIDE, UH, NOW YOU CAN SEE THE POST WHERE IT WAS VICE VERSA. PRIOR TO THIS, UM, THE POSTS WERE ON MY SIDE AND THE SOLID PANELS WERE ON HER SIDE. SO I DO KNOW THIS. THAT WAS ONE OF HER ISSUES WITH THE FENCE. UM, HOWEVER, I HAD TO OFFER TO HER, LIKE, IF WE CAN GO FINANCIALLY HALF AND HALF, I HAVE NO PROBLEM WITH PUTTING THE SOLID OR THE NICE SIDE ON HER SIDE OF THE FENCE. BUT ONCE AGAIN, SHE HAD DECLINED TO HAVE ANY FINANCIAL INPUT IN ANY ASPECT OF THE FENCE, WHETHER I DID IT CORRUGATED OR EVEN IF I DID A WOOD. SO SINCE I DO, LIKE I MENTIONED, I DO HAVE A PIT BULL. THEY'RE PRETTY STRONG. SHE'S A REALLY GOOD DOG. BUT OF COURSE IF YOU SEE HER IN THE STREET, UH, THEY DON'T HAVE REALLY GOOD REPUTATION. SO WE DECIDED TO GO WITH THE CORRUGATED FENCE. 'CAUSE I KNOW WITH THE WOODED FENCE, SHE'LL WEAKEN IT FASTER THAN SHE WILL A WOODEN IT FENCE. SO THAT WAS, UH, WHY WE DECIDED TO GO WITH THAT MATERIAL. LIKE I MENTIONED, I THINK IT'S THE NEXT PICTURE OVER, I'M SORRY, UH, WHEN WE HAD GONE, UH, FOR WALKS IN OUR NEIGHBORHOOD. UM, THIS IS ON GAINESBORO. UH, YOU CAN NOTICE THEY HAVE, UH, THE SAME TYPE OF CORRUGATED, UH, METAL FENCE. JUST DIFFERENT COLOR. OKAY. STAFF, IS THERE ANY PUBLIC COMMENTARY TO READ INTO THE RECORD? THERE'S NOBODY SIGNING TO SPEAK ON THIS CASE. OKAY. UH, SO ARE THERE ANY QUESTIONS FOR THE APPLICANT FROM THE COMMISSION? I, MIN CHAKA, COMMISSIONER MIN CHAKA, THE CONTRACTOR INSTALLED THIS FOR YOU. I'M SORRY. DID A CONTRACTOR INSTALL THIS FOR YOU? NO, UH, MY HUSBAND AND I DID IT OURSELVES. COMMISSIONER MANNA. SO, UM, SO ONE OF THE THINGS, UM, IS, OR A CHALLENGE WITH CORRUGATED METAL IS THAT IT LEAVES A VERY NASTY EDGE ON THE TOP AND BOTTOM THAT CAN INJURE PEOPLE. MM-HMM. . AND SO, SO, UM, ARE THERE ANY THOUGHTS OR ANYTHING WITH REGARDS TO PREVENTING INJURY TO ANYBODY COMING UP TO THE FENCE OR ON THE FENCE? SO WE WERE PLANNING ON SEALING THAT TOP, UH, OF THE FENCE. AND THEN ON THE EDGES, HOWEVER, WE DID GET THE STOP WORK ORDER. SO WE HAVE NOT MOVED FORWARD WITH ANY, UM, OF THE FINALIZATION OF THE FENCE. SO THERE IS THAT PLAN, BUT WE JUST HAVEN'T INPUTTED YET BECAUSE WE DID HAVE A STOP WORK ORDER WHENEVER THEY WENT OUT TO THE PROPERTY. THANK YOU. MM-HMM. OKAY. I JUST [02:00:01] WANTED TO ADD, UM, AS A FOLLOW UP TO THAT QUESTION, WE CAN ONLY VOTE ON WHAT YOU PRESENT TO US MM-HMM. . SO RIGHT NOW YOU'RE PRESENTING THE USE OF CORRUGATED METAL. IF, IF YOU WOULD LIKE TO, WHILE YOU'RE ON THE, WHILE YOU'RE UP AT, ON THE PODIUM TO, UM, AMEND YOUR APPLICATION TO INCLUDE, UM, CAPPING AND POSSIBLY WHAT MATERIAL THAT WOULD BE SOMETHING THAT COULD BE READ INTO THE RECORD, UH, FOR US TO CONSIDER DURING OUR, OUR DELIBERATION AND, AND, AND MOTION. OKAY. UM, YES, I WOULD LIKE TO DO THAT. WELL, NO, BUT GO AHEAD AND STATE WHAT, WHAT YOUR INTENT IS. WELL, WE WILL DO SOME TYPE OF CAPPING ON THE EDGES. BOTH TOP, UH, WHATEVER IS LEFT FROM THE BOTTOM. AND THEN ON THE SIDES, THAT WOULD BE TOWARDS, UH, THE FRONT GATE. AND THEN WHAT CONNECTS TO THE BACK FENCE OF THE, UH, BACK NEIGHBOR. UM, WE HAD CONSIDERED, UH, THERE'S THIS, UH, I'M NOT SORRY, MY HUSBAND'S BETTER AT THIS. I'M NOT SURE WHAT THE MATERIAL IT'S CALLED, BUT IT'S, UM, VERY THIN METAL THAT YOU GRASP AND YOU TIE IT ONTO IT. SO, SO YOUR INTENDED TO USE METAL, UH, AS EITHER METAL OR THERE'S A WOODEN, UH, BASE THAT WOULD GO AROUND IT? WE WOULD DO ONE OR THE OTHER, WHICHEVER IS ALLOWED. WE WOULD GO BY THE, OKAY. MM-HMM. COMMISSIONER, AMANDA, DO YOU HAVE ANY ADDITIONAL QUESTIONS? NO, THAT WAS GOOD. THANK YOU VERY MUCH. THANKS. UH, ANY OTHER QUESTIONS? OKAY. SO I HAVE A QUESTION. UH, YOU HAD MENTIONED THAT THE, THE, ONE OF THE MAIN PURPOSES OF THIS WAS BECAUSE YOU HAD A, A LARGE DOG MM-HMM. , AND YOU WANTED, UH, PROTECTION AND SAFETY FOR YOUR DAUGHTER. BUT HOW COME YOU ONLY NEED ONE FENCE? WHAT ABOUT THE OTHER THREE FENCES? WHY, WHY ONLY THIS ONE? SO, UH, IT IS PRETTY EXPENSIVE TO DO IT THIS WAY. SO SINCE THAT ONE WAS THE FIRST SIDE THAT HAS GIVEN OUT PRETTY BADLY AND THE NEIGHBOR HAD BROUGHT IT UP, UH, THAT SHE WANTED IT CHANGED. SHE WAS ACTUALLY, SHE CAME OVER AND SHE WAS DEMANDING US TO FIX IT AS SOON AS POSSIBLE. SO THAT'S WHY WE WENT AHEAD AND DID THAT SIDE RIGHT NOW. BUT EVENTUALLY, UH, OUR PLAN WAS TO DO THE ENTIRE SIDE, BUT WE JUST HAVEN'T SPOKEN TO THE OTHER NEIGHBORS AT THE MOMENT. NOW THE DOG GOES OUTSIDE, MAINLY JUST TO USE. OKAY. THE RESTROOM. WELL JUST KEEP IN MIND THAT HOWEVER, THE OUTCOME OF THIS, UH, COMES OUT. MM-HMM. , YOU, YOU KNOW, THIS IS ONLY FOR THE, THE EAST SIDE. YES. FOR THE ONE SIDE. CORRECT. THANK YOU. UH, ANY MORE QUESTIONS? YEAH, FISHER COMMISSIONER FISHER, UH, WHAT TYPE OF UH, MATERIAL IS THE GATE MADE OF, IT'S A CORRUGATED METAL. I DIDN'T SEE A PICTURE OF IT, THAT'S ALL. UM, I DON'T HAVE A PICTURE WHERE IT'S LABELED, UH, BUT THAT'S HOW WE ORDERED IT. JUST CORRUGATED METAL. OKAY. UH, ANYONE ELSE? SO MANNA FOR COMMISSIONER MANNA. SO, SO THE POST THEMSELVES, ARE THEY METAL OR ARE THEY WOOD? NO, THEY'RE METAL. THEY'RE 14 GAUGE METAL POST. OKAY. THANK YOU. MM-HMM. . ANYONE ELSE? OKAY. UM, SO HEARING THAT, UH, YOU HAVE, UH, TWO MINUTES TO, UM, PROVIDE ANY SORT OF, UM, SUMMARY, UH, OR REBUTTAL OR ADDITIONAL INFORMATION BEFORE WE CONSIDER YOUR CASE. WE JUST WANTED TO DO THANK Y OFF OF THE TIME, AND I DO APOLOGIZE. WE, I WAS NOT AWARE, WE'RE A FIRST TIME HOMEOWNER, SO I WAS NOT AWARE ABOUT OTHER RESTRICTIONS, THIS TYPE OF MATERIAL, UH, THAT YOU COULD USE AND COULD NOT USE IN THE CITY ON PROPERTIES. UH, WITH THAT BEING SAID, UH, WE WILL BE MORE CAREFUL WITH ANY FUTURE ACCOMMODATIONS OR EXTENSIONS THAT WE DO ONTO THE PROPERTY TO MAKE SURE WE FOLLOW THE CITY GUIDELINES. LIKE I MENTIONED, WE JUST DID IT FOR SAFETY, UH, BOTH OURS AND THE NEIGHBORS FOR OUR PET, THEIR PET, AND OF COURSE OUR DAUGHTER. ALL RIGHT. THANK YOU. MM-HMM. , UH, IS THERE A MOTION, UH, COMMISSIONER COULD MAKE, PLEASE EXHIBIT COMMISSIONER UNA REGARDING CASE NUMBER BOA DASH 21 DASH 3 0 9 1. I MOVE TO THE BOARD OF ADJUSTMENT, GRANTED REQUEST FOR VARIANCE FROM THE PERMITTED FENCING MATERIAL TO ALLOW A CORRUGATED METAL FENCE TO INCLUDE A CAPPING OF THE EXPOSED EDGES SITUATED AT 3 0 0 2 BREYER FOOT FIELD DRIVE APPLICANT BEING MARIA AND ICK LIRA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. THE REQUEST TO ALLOW A CORRUGATED METAL FENCING WITH EXPOSED EDGES CAPPED ON THE SIDE REAR PROPERTY LINE IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO THE SPECIAL AND CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT OF ENFORCED WOULD RESULT IN AN UNNECESSARY HARDSHIP BY IMPOSING A LITERAL ENFORCEMENT DEFENSE WOULD NEED TO BE REMOVED AND REPLACED WITH OTHER APPROVEMENT MATERIALS ALLOWED PER THE U D C 35 DASH 514 3. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. [02:05:01] 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 FENCING MATERIALS TO PROVIDE SAFETY AND PROVIDE PRIVACY BETWEEN NEIGHBORING STRUCTURES, WHICH IS OBSERVED. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE 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 USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO ALLOW THE CORRUGATED METAL FENCE, UM, AS A FENCE MATERIAL IN THE REAR OF THE PROPERTY DOES NOT POSE A SUBSTANTIAL, SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM TO LIKELY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS THE PRO THAT THE APPLIED OF THE PROPERTY OWNER IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO THE SECURITY AND PRIVACY THAT THE OWNER IS LOOKING TO ESTABLISH. AND A MOTION IS THERE A SECOND? SECOND. COMMISSIONER MAN HAS A SECOND, UH, COMMISSIONER ZUNA. PLEASE LEAD, UH, LEAD THE DISCUSSION. THANK YOU. I'M, I'M GONNA SUPPORT THE MOTION. THE APPLICANT PROVIDED TESTIMONY THAT SHE INTENDS AND WILL BE REQUIRED TO CAP THE EXPOSED EDGES OF THE FENCING. UH, THE FENCE THAT'S IN QUESTION IS, IS NOT VISIBLE FROM THE STREET, AND IT PROVIDES THAT SAFETY BARRIER FROM HER, UH, FROM HER DOG TO THE NEIGHBOR THAT'S MOSTLY AFFECTED BY THE, UH, UH, BY THAT ONE COMMON SIDE LOT LINE. AND THEREFORE, AND, AND ADDITIONALLY, SHE PROVIDED, UH, UM, PICTURES OF, UH, SIMILAR, UH, FENCING MATERIAL IN THE NEIGHBORHOOD. SO I'M SUPPORTING THE MOTION OF THE VARIANCE. COMMISSIONER MANNA, I AGREE WITH MY COLLEAGUE. UM, I OWNED A VERY LARGE DOG AT ONE POINT THAT LIKED TO EAT FENCES, AND SO, UH, I DOUBT THAT HE COULD EAT THROUGH THIS CORRUGATED METAL. SO I THINK THAT'S A GOOD SOLUTION. UM, AND THEN I THINK, UM, YOU KNOW, WITH THE, WITH THE CAP AND FOOTING THAT, THAT WE'RE TALKING ABOUT HERE, YOU KNOW, I THINK THAT, UM, UM, THAT WILL SOON BE CLOSER TO A STANDARD IN SAN ANTONIO. SO, SO THANK YOU ALL. WE'LL BE VOTING IN FAVOR. THANK YOU. THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? LOVE, COMMISSIONER. LOVE. YEAH. AS FAR AS THE TOP GOES, UM, I, YOU KNOW, WE BUILD FENCES, NOT SO PEOPLE CAN CLIMB 'EM, BUT TO KEY PEOPLE OUT OR, OR, YOU KNOW, KEY PEOPLE IN. BUT, UH, I DON'T, YOU KNOW, IT'S, IT'S NOT IN MY OPINION THAT SHE'D BE REQUIRED TO CAP THE TOP OF IT. I MEAN, MAYBE SOME EXPOSED EDGES ON THE SIDE, BUT WHY WOULD YOU WANNA MAKE IT SAFER FOR PEOPLE TO CLIMB A FENCE? OKAY, , THANK YOU. UH, ANY OTHER, UH, COMMISSIONERS LIKE TO ADD? ALL RIGHT. UM, STAFF, PLEASE TAKE A ROLL CALL AND VOTE. MR. OZUNA? YES, I CONCUR. MR. MANA. I CONCUR WITH THE FINDINGS OF FACT. MS. TREVINO? YES, I CONCUR. MS. FISHER? YES, I CONCUR. MR. MENCHACA. I DO NOT CONCUR. MR. LOVE I CONCUR. MS. CRUZ? YES, I CONCUR. MS. BRAGMAN? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. UH, MOTION PASSES 10 TO ONE. SO IF YOU COULD PLEASE GET WITH STAFF, UH, THEY'LL TALK TO YOU ABOUT WHAT TO DO MOVING FORWARD. THANK YOU SO MUCH. ALL RIGHT, NEXT CASE, . I JUST WANTED TO ASK, IS THE APPLICANT FOR 1301 SOUTH HAMILTON PRESENT? IF, IF, IF, UH, HAVE YOU SEEN THE APPLICANT FOR 1301 SOUTH HAMILTON? I HAVEN'T YET. OKAY, THEN WE'RE GONNA SKIP TO, UH, NUMBER EIGHT. THIS, OH, HOLD ON. OKAY, IS THE APPLICANT FOR 1 0 3 1 8 CORAL V VILLAGE PRESENT? ALL RIGHT, WE'RE GONNA START ON CASE NUMBER, UH, UH, ITEM NUMBER EIGHT. OKAY. ITEM [8. 21-5157 BOA-21-10300078] NUMBER EIGHT IS CASE BO A 21 103 78. THE SUBJECT PROPERTY IS LOCATED AT TEN THREE ONE EIGHT CORAL VILLAGE, UH, WITHIN COUNCIL DISTRICT FOUR. THE APPLICANT IS RO FILLMORE. UH, THE REQUEST IS FOR A NINE FOOT NINE INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE. THE SUBJECT PROPERTY IS ZONED [02:10:01] SINGLE FAMILY RESIDENTIAL. THE SUBJECT PROPERTY IS LOCATED WITHIN A SINGLE FAMILY SUBDIVISION. UM, THEY'RE REQUESTING TO BUILD A NEW CARPORT IN THE FRONT YARD, UM, WHICH IS, DOES HAVE A LIMITED AMOUNT OF SPACE. UM, THERE ARE SOME OTHER CARPORTS IN THE SURROUNDING AREA. UM, NONE WERE OBSERVED ALONG CORAL VILLAGE, BUT WITHIN THE, YOU KNOW, OTHER, THE OTHER STREETS IN THAT SUBDIVISION, THEY DO HAVE A SHORT DRIVEWAY. UM, AND THERE'S NOT MUCH ROOM TO MEET THAT 10 FOOT FRONT SETBACK. OKAY, SO HERE IS THE SITE PLAN SHOWING THE CARPORT ONE INCH FROM THE PROPERTY LINE. AND HERE IS THE SUBJECT PROPERTY. SO THIS IS SHOWING THAT 10 FOOT FRONT SETBACK, UM, WHICH, YOU KNOW, TAKES UP MOST OF THE DRIVEWAY SPACE. HERE IS A SIMILAR CARPORT IN THAT AREA. AND THE SURROUNDING AREA STAFF RECOMMENDS APPROVAL IN BO O A 21 1 0 3 0 0 7 8 BASED ON THE FOLLOWING FINDINGS. OF FACT, THE RIGHT OF WAY IS 50 FEET WIDE, UH, WHICH REDUCES THE AMOUNT OF SPACE IN THEIR FRONT YARD. UH, THE PROPOSED CARPORT WILL BE ONE INCH AWAY FROM THE FRONT PROPERTY LINE. 36 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET. NONE WERE RETURN IN FAVOR. ONE WAS RETURN IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE HERITAGE NEIGHBORHOOD ASSOCIATION. NOW I'LL PASS IT OVER TO THE APPLICANT. IF YOU DON'T HAVE ANY QUESTIONS, GOOD AFTERNOON TO ALL OF YOU. MY NAME IS JOSE CHAVEZ AND I REPRESENT, UH, DERON FILLMORE ON 1 0 3 1 8 CORAL VILLAGE. UH, THE REASON OF THIS CARPORT IS, UH, AS SHE SAID, IS REAL, REAL SHORT, SHORT, AND, UH, HE, UM, HE'S MY FRIEND AND ALSO, UH, I KNOW HIM FOR ABOUT 12, ALMOST 13 YEARS. AND I, HE BOUGHT THIS TRUCK AND HE WAS REALLY EXCITED ABOUT THIS TRUCK. AND, AND SINCE LAST YEAR, YOU REMEMBER THE, THE, THE SNOW AND ALL THE STUFF, AND HE SAYS, HEY, I NEED TO COVER MY TRUCK. YOU KNOW, I PAID SO MUCH FOR THIS TRUCK WITH MY RETIREMENT, AND IT SEEMS LIKE IT'S GONNA BE A WASTE OF MONEY. SO WE END IN DOING, UH, THIS CARPORT. WE DIDN'T DO ANYTHING. WE PULL A PERMIT, WE FOLLOW, YOU KNOW, THE RULES, AND, AND HERE I AM TRYING TO GET THIS SQUARE IN THE RIGHT WAY, OKAY? UM, AS YOU SEE THIS PICTURE RIGHT THERE, UM, THIS IS AN ON, UM, UH, 1 0 0 3 8 EMERAL PLACE. AND AS YOU SEE, IT'S, IT'S, IT'S NOT EVEN ON THE LIMIT. AND I HATE TO SAY THIS, HONESTLY, I HATE TO SAY THIS, YOU KNOW, PUTTING FINGERS ON, ON SOME OF THOSE PROPERTIES, BUT THAT IS EVEN WAY, WAY OUTSIDE THE PROPERTY. OKAY? THAT'S ONE RIGHT THERE. AND YOU'RE GONNA SEE ANOTHER ONE THAT'S A 1 0 1 3 9. AND THERE IS ANOTHER ONE ACROSS THE STREET THAT IS MEADOW 1 0 1 1 5 0 ON ZERO BELL, UH, DRIVE. THE SAME THING IS, IT'S NOT EVEN ON THE, NOT EVEN ON THE PROPERTY. AND, UH, AND THIS IS METAL, THE ONE THAT WE'RE GONNA BUILD IS GONNA BE ATTACHED TO THE HOUSE. SO IT'S GONNA BE MORE, MORE, UH, PRESENTATION, MORE. IT'S GONNA BE LOOK REALLY, REALLY GOOD. REALLY, REALLY GOOD. AND WE HAVE ANOTHER, THIS IS A FENCE. THIS IS A FENCE THAT IS RIGHT, YOU SEE, RIGHT THERE IS IS RIGHT AFTER THE DRIVEWAY. AND IT GOES FROM FIVE 14 ALL THE WAY TO SIX 10 ON ELLISON DRIVE. MY CLIENT LIVES JUST AT THE CORNER. IT'S RIGHT ON THE, LIKE, NEXT TO THE, NEXT TO THE SIDEWALK, I'M SORRY. AND, UM, AND OF COURSE, IT'S ABOUT LIKE SIX FEET OUT OF THE, OUT OF THE PROPERTY TOWARDS THE, UH, TOWARDS THE STREET. AND, UH, AT THE END WE HAVE, UH, ON CORAL VILLAGE, WE HAVE ANOTHER, ANOTHER. YOU SEE THAT, THAT FENCE. AND RIGHT AT THE CORNER ON RUSTIC VILLAGE, WE HAVE, UH, ANOTHER PROPERTY. UH, AND, UH, THIS IS, UH, 1 0 3 7 8 RUSTIC VILLAGE. THAT IS OF COURSE, UH, I MEAN, OUT OF THE PROPERTY, OUT OF THIS, OUT OF THE LIMIT OF THE PROPERTY. PRETTY MUCH, UH, PRETTY MUCH THAT'S ALL I CAN SAY. THANK YOU. UH, BEFORE WE OPEN TO QUESTION STAFF, UH, WE, WE JUST SAW A LOT OF PICTURES UP AND DOWN THE STREET, UH, FROM THIS, FROM THE APPLICANT'S, UH, SUBJECT PROPERTY. ARE, ARE ANY OF THESE BEEN APPROVED BY THE BO O A OR AT ALL? THESE [02:15:01] WERE PRESENTED TODAY, SO WE'LL HAVE TO DO SOME RESEARCH. ALL RIGHT. THANK YOU. ALL RIGHT. UH, SO ARE THERE ANY PUBLIC, UH, COMMENTARY OR ANYONE SIGN UP TO SPEAK? OH, ZOOM RIGHT HERE. OH, HOLD ON A SECOND. I'M SORRY. IT'S OKAY. STAFF. IS THERE ANYONE SIGNED UP TO SPEAK OR ANYTHING TO READ INTO THE RECORD? UH, NO ONES SIGNED IN TO SPEAK ON THIS CASE. OKAY. UH, COMMISSIONER Z. SORRY ABOUT THAT. MR. CHAIR JUMPED IN. SO OBVIOUSLY I SEE A TWO CAR GARAGE THERE, SO WHY CAN'T THE APPLICANT PARK HIS GARAGE, HIS TRUCK IN THE GARAGE? OKAY. UH, THE TRUCK IS, UH, IS TOO, IT'S TOO LONG. IT'S A TOYOTA TACOMA, AND THE GARAGE IS TOO SMALL. IT'S REALLY, IT DIDN'T FIT FAIR. IT DIDN'T FIT, IT DIDN'T FIT, PERIOD. YOU KNOW, IT'S GONNA BE PROBABLY LIKE, UH, TWO TO THREE FEET OUT OF THE GARAGE. FAIR ENOUGH. THANK YOU. THANK YOU. ALL RIGHT. ANY OTHER QUESTIONS? ANYONE ELSE? NO. OKAY. UH, SIR, DO YOU HAVE A, UH, NEIGHBORHOOD ASSOCIATION? THERE IS NO NEIGHBORHOOD. THERE IS, BUT NONE. OKAY. ALRIGHT. THANK YOU. SO I HAVE NO, UH, HEARING NO OTHER ADDITIONAL QUESTIONS. UH, COMMISSIONER, UH, TEAL, DID YOU HAVE ANY QUESTIONS? NO. OKAY. ALL RIGHT. WITH THAT, UM, YOU'VE GOT A COUPLE MINUTES IF YOU WANT TO PROVIDE ANY SORT OF A CLOSING REMARK, UH, BEFORE WE CONSIDER THE CASE. OKAY. UH, OKAY. UH, MR. DURO FILLMORE IS A, IS A VETERAN FROM, UH, VIETNAM WAR. AND, UH, I THINK, UH, EVEN HE TOLD ME, DO, DO NOT MENTION NONE OF THIS. AND, UH, I THINK HE, HE'S NOT ASKING FOR NOTHING WRONG. HE'S NOT ASKING FOR RIGHT WRONG, HE JUST WANT SOMETHING TO COVER HIS PROPERTY. PRETTY MUCH. THAT'S IT. ALL RIGHT. THANK YOU. UH, SO IS THERE A MOTION TEAL COMMISSIONER TEAL, REGARDING CASE NUMBER BO A DASH 21 DASH 3 7 8. I MOVED AT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR NINE FOOT NINE INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW COURT REPORT TO BE ONE INCH AWAY FROM THE PROPERTY LINE SITUATED AT 1 0 3 1 8 CORAL VILLAGE APPLICANT BEING DORINO FILLMORE. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT, OTHER PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIPS. 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 A CARPORT ENCROACHMENT INTO THE FRONT SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST. AS THE APPLICANT HAS ADEQUATE SPACE FROM THE STREET TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN A UNNECESSARY HARDSHIP. THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN A UNNECESSARY HARDSHIP. BY PROPOSING A LITERAL ENFORCEMENT, THE DEPTH OF THE CARPORT WOULD ONLY COVER ABOUT HALF THE DRIVEWAY AND WOULD NOT COVER THE LENGTH OF THE VEHICLE. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE BOARD FINDS THAT BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED DUE TO THERE BEING ENOUGH SPACE IN THE DRIVEWAY APPROACH. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A 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. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO REDUCE THE FRONT SETBACK DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING. THE USE OF ADJACENT PROPERTIES DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THERE ARE SIMILAR CARPORTS IN THE AREA. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS THAT THE PLIGHT OF THE PROPERTY OWNER IS SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO THE STUNTED LENGTH OF THE DRIVEWAY. END OF MOTION. ALL RIGHT. IS THERE A SECOND? SECOND, UH, SECOND BY COMMISSIONER FISHER. UH, COMMISSIONER THIEL, PLEASE LEAD THE DISCUSSION. I'LL BE IN SUPPORT OF THE MOTION AS READ. UH, I THINK THERE'S WAS QUITE A FEW EXAMPLES OF SIMILAR CARPORTS IN THE AREA, MEANING THAT THE ESSENTIAL CHARACTER OF THE DISTRICT, UH, YOU KNOW, WILL BE UPHELD AS, AS WELL AS OBVIOUSLY IT IS A SHORT DRIVEWAY AND THEY'LL STILL BE WITHIN THEIR PROPERTY LINE BY ONE INCH. SO I'LL BE IN SUPPORT. ALL RIGHT, COMMISSIONER FISHER, I ALSO AGREE WITH MY COLLEAGUE AND I DO APPRECIATE YOU GOING THROUGH THE PROPER CHANNELS TO GO AHEAD AND BEFORE COMPLETING THE WORK. THANK YOU. ALL RIGHT. ANYONE ELSE? ZUNA COMMISSIONER ZUNA. I'LL BE SUPPORTING IT AS PART OF THE BUILDING PERMIT PROCESS. THE, UH, CLEAR VISION, UH, GUIDELINES WOULD ALSO BE REVIEWED AND PROPERTY, THE CONDITION, THE, UH, CONSTRUCTION WILL HAVE TO MEET THAT, UH, REQUIREMENT AS WELL. ALL RIGHT, COMMISSIONER MANNA ANNA, [02:20:01] UM, JUST TO NOTE, THERE IS A REGISTERED, UH, HOMEOWNERS ASSOCIATION, UH, IN YOUR OR NEIGHBORHOOD ASSOCIATION IN YOUR COMMUNITY. AND SO IT IS ONLINE AND SHOWS FOR YOUR, UH, FOR YOUR AREA, BUT, UH, I'LL BE VOTING IN PAPER. ALL RIGHT. THANK YOU. ANYONE ELSE? ALL RIGHT. STAFF, PLEASE TAKE A ROLL CALL. VOTE. MAY I, UM, YES, GO AHEAD. THERE'S A TYPO. SO THE, THE VARIANCE WAS NINE FEET, NINE INCHES, AND IT SHOULD BE NINE FEET, 11 INCHES. AND HOW WAS IT ADVERTISED? 9 5 10, 9 10. I BELIEVE IT WAS NINE FEET, NINE INCHES. OKAY. SO SIR, UH, SO WHAT HAPPENS IS, UM, WE ARE ONLY ALLOWED TO ENTERTAIN A VARIANCE AS ADVERTISED OR LESS SO IF IT WAS ADVERTISED AT NINE FOOT, NINE FOOT NINE INCHES. YES. ALRIGHT. SO, UH, MAKER THE MOTION, I JUST WANT TO MAKE SURE THAT WE'RE OKAY WITH THE NINE FOOT. NINE INCH. YES. I SUPPORT THE MOTION AS READ AS LONG AS AS YOU'RE IN AGREEMENT. THANK YOU. SURE. EXCELLENT. GREAT. SO, ROLL CALL, VOTE PLEASE. MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT. MS. FISHER. YES, I CONCUR. MR. TREVINO? YES, I CONCUR. MR. MANCHACA. I CONCUR. MR. LOVE I CONCUR. MS. CRUZ? YES, I CONCUR. MR. MANA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. YOUR MOTION PA PASSES UNANIMOUSLY. UH, PLEASE GET WITH STAFF AND THEY'LL TALK TO YOU ABOUT, UH, WHAT TO DO MOVING FORWARD. THANK YOU VERY MUCH TO ALL OF YOU. TO MR. MARCO, TO MR. THANKS SO MUCH. THANK YOU. YES, SIR. THANK YOU. WELL, SINCE I DON'T SEE ANY NEW PHASES IN HERE, I CAN ASSUME, UH, ITEM SEVEN HAS APPLICANT'S NOT HERE. UM, WE'LL MOVE ON TO ITEM NUMBER NINE. MARY MCGEE, ARE YOU HERE? OKAY, JUST MAKING SURE. BOARD [9. 21-5153 BOA-21-10300081] OF ADJUSTMENTS. 21 DASH 103 0 0 8 1. SUBJECT PROPERTY, 2 2 3 WEST MAYFIELD, LOCATED IN, UH, CITY COUNCIL DISTRICT NUMBER THREE, APPLICANT IS MARY MCGEE. UH, REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM A MINIMUM FIVE FOOT SITE SETBACK TO ALLOW ATTACHED CARPORT TO BE ONE INCH AWAY FROM PROPERTY LINE. UH, ZONING IS CURRENTLY R SIX. SUBJECT PROPERTY IS LOCATED ALONG WEST MAYFIELD BOULEVARD NEAR TUPPER AVENUE, AND CURRENTLY HAS AN EXISTING FAM RESIDENTIAL HOME CONSTRUCTED ON THE PROPERTY. EXISTING CARPORT MEASURES 15 FEET IN WIDTH BY 59 FEET IN LENGTH IN THE FRONT, AND 21 FEET IN WIDTH BY 59 FEET IN LENGTH IN THE BACK. CARPORT IS ONE INCH AWAY FROM THE PROPERTY LINE, HAS ATTACHED RING GUTTERS TO THE SIDE OF IT THAT, UH, ADJOINS THE NEIGHBORING PROPERTY UPON SITE VISIT. STAFF ALSO OBSERVED A CARPORT IS ATTACHED TO A DETACHED ACCESSORY STRUCTURE TO THE REAR OF THE YARD. THE SITE PLAN SHOWING THE EXISTING STRUCTURE ALONG WITH A CARPORT ON THE LEFT AND THE EXISTING ACCESSORY DETACHED STRUCTURE TO THE REAR OF IT, FRONT OF THE SUBJECT PROPERTY, UH, CARPORT ATTACHED TO YOUR EXISTING STRUCTURE ON THE RIGHT. AND THAT, UH, DETACHED ACCESSORY STRUCTURE TO THE REAR. UH, THAT'S THE, UH, CARPORT WITH THE, UH, RAIN GUTTERS ATTACHED TO IT. THAT'S THE, UH, NEIGHBORING PROPERTY. THAT'S THE ACCESSORY STRUCTURE THAT CARPORT'S CURRENTLY AFFIXED TO AS WELL. THAT'S THE CARPORT FROM THE REAR OF IT ATTACHED TO THE PRIMARY STRUCTURE. AND THAT'S A GLIMPSE, UH, FROM BEHIND THE DETACHED ACCESSORY STRUCTURE. LOOKING TOWARDS THE FRONT, IT'S A PICTURE OF THE PROPERTY LINES FRONT OF PROPERTY THAT'S THE OPPOSITE END OF THE PROPERTY. YOU CAN SEE WHERE THE CARPORT COMES UP ALMOST TO THE FRONT OF THE PORCH OF THE SUBJECT. PROPERTY STAFF RECOMMENDS DENIAL WITH ALTERNATIVE RECON, ALTERNATIVE RECOMMENDATION. AND, UH, BO O A 21 DASH 1 0 3 0 0 0 8. ONE OF A TWO FOOT VARIANCE TO ALLOW A CARPORT TO BE THREE FEET FROM THE SIDE PROPERTY LINE BASED ON THE FOLLOWING FACTS. ONE, THE CARPORT, THE ATTACHED CARPORT WILL BE THREE FEET AWAY FROM THE SIDE PROPERTY LINE AND THE STRUCTURE FACING WEST MAYFIELD SHALL BE FIRE RATED WITH NO OPENINGS AND NO OVERHANGS ON THE WESTERN PORTION OF THE PROPERTY LINE, OR OBTAIN A CODE MODIFICATION REQUEST. AND THREE, THE STRUCTURE BEING THREE FEET FROM SIDE PROPERTY LINE WILL ALLOW AMPLE [02:25:01] SPACE TO ACCESS VEHICLES. AND FOUR, THE CARPORT IS NOT OUTTA CHARACTER FOR THE NEIGHBORHOOD. THERE WERE 31 NOTICES MAILED OUT. THREE WERE IN OPPOSITION, ONE WAS IN FAVOR, UH, APPLICANT PRESENTATION, MARY MCGEEHEE, UH, MARY MCGEEHEE, 2 2 3 WEST MAYFIELD. AND I'M JUST ASKING IF WE CAN, UH, KEEP THE CARPORT THE WAY IT IS. UH, I PUT THE GUTTERS AS WHEN, WHEN THE, WHEN THE CARPORT WAS BEING BUILT. I WASN'T THERE. I WAS WORKING IN AFGHANISTAN. AND UH, I WAS TOLD BY MY SON, 'CAUSE MY SON WAS LIVING THERE WITH MY GRANDCHILDREN AT THE TIME. AND, UM, THEY, HE, HE SAID THAT THEY ASKED THE NEIGHBOR AND THE NEIGHBOR SAID THAT HE DIDN'T HAVE A PROBLEM WITH IT THE WAY THEY WERE PUTTING IT. 'CAUSE FRIENDS AND UH, FAMILY PUT THE CARPORT TOGETHER. ALL HE ASKED WAS IF THEY COULD HAVE, HE, WE COULD PUT A GUTTER. SO THAT'S WHAT WE DID. WE PUT A GUTTER FOR, YOU KNOW, WHICH OF COURSE WE WERE GONNA DO ANYWAY. UM, BUT LIKE I SAID, I WASN'T HERE WHEN IT WAS BEING CONSTRUCTED, SO I REALLY WASN'T, UH, INVOLVED IN THE, UH, THE BUILDING OF THIS STRUCTURE. AND I JUST WANTED TO KNOW IF WE COULD KEEP IT THE WAY IT IS AND IF THERE'S ANY OTHER MODIFICATIONS THAT I COULD DO TO THIS GUTTER, I MEAN TO THIS CARPORT BY, YOU KNOW, BY ALL MEANS, I WILL, I'LL, I'LL CHANGE IT. OKAY. THANK YOU VERY MUCH. UH, JUST HAVE A SEAT, UH, STAFF. IS THERE ANY, UH, ANY, UH, RESIDENTS SIGN UP TO SPEAK OR, UH, VOICEMAILS TO READ INTO THE RECORD OR THERE WAS ONE THAT WAS, I'M NOT SURE IF HE'S HERE. GIOVANNI SOLIS. OH, YEP. ALRIGHT. SO, UH, PLEASE COME UP. IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. HI, MY NAME IS GIOVANNI SOLIS. WE ARE THE NEIGHBORS ON 2 25 WEST MAYFIELD. WE ARE THE ONES DIRECTLY, UM, THAT WHITE HOUSE WITH THE BLUE TRIMMING. UM, CURRENTLY MY GRANDFATHER, HE'S 88 YEARS OLD. HE LIVES THERE. UH, WHEN SHE PUT THE CARPORT, UM, WE WERE NOT IN AGREEMENTS. UH, WE ARE THE OWNERS AND SHE DID NOT LET US KNOW. UM, WE HAD MADE AN, WE MADE AN REMARK SAYING THAT, HEY, BECAUSE OF THE GUTTERS, I MEAN, BECAUSE OF THE CARPORT, IT'S, IT'S OVERFLOWING AND WE GET THE WHOLE, WE GET ALL THE EFFECTS OF THE RAIN AND EVERYTHING LIKE THAT. WE HAVE DAMAGE. I BROUGHT, I PROVIDED PICTURES OF THE DAMAGE. UM, OUR DRIVEWAY IS CONSTANTLY MOIST AND WET BECAUSE OF THE, UM, THE RAIN THAT HAPPENS AND BECAUSE OF THE, THE CARPORT IS SLIGHTLY SLANTED AND IT'S FALLING TOWARDS OUR PROPERTY AND IT'S CAUSING DAMAGE AND IT'S GOING UNDERNEATH THE HOUSE. SO, UM, MY GRANDFATHER'S LEVELED THE HOUSE TWICE. UM, THIS TIME WE HAD, WE HAD AN ESTIMATE AND, YOU KNOW, IT'S AN AN EXTENT A IT'S A REALLY HIGH AMOUNT JUST BECAUSE OF, UM, THIS CARPORT. AND WE, MY GRANDFATHER WAS THE ONE WHO MADE THE REMARKS OF LIKE, HEY, CAN Y'ALL PUT GUTTERS OR ANYTHING LIKE THAT? AND THEY DID, BUT IT HAS NOT HELPED AT ALL. AND WE DON'T HAVE A VERY WELL, UM, COMMUNICATIONS WITH OUR NEIGHBORS. SO, I MEAN, WE'RE ASKING FOR THE CARPORT TO BE REMOVED. UM, IT'S NOT, IT'S NOT HELPING ANY OF OUR, UM, OUR PROPERTY. IT'S NOT, IT'S NOT HELPING. THE, THE GUTTERS ARE NOT GONNA HELP. IT'S EXCESSIVE, UH, THE RAIN AS I, I, I'VE, I HAVE SOME OF THE PICTURES WITH THE DAMAGE, BUT YOU CAN SEE RIGHT THERE WHERE IT FALLS OFF THE, HER HOUSE AND IT'S SLIGHTLY SLANTED AND IT FALLS ALL TO OUR PROPERTY RIGHT THERE. I DON'T KNOW IF Y'ALL HAVE ANY PICTURES WHERE OUR CAR, OUR DRIVEWAY IS, UH, CRACKED NOW AND IT'S EXCESSIVELY MOIST. I KNOW OURS, UH, WE DON'T HAVE OUR GUTTERS, BUT, UM, IT'S AN ACCUMULATION OF BOTH. AND SO WHEN IT'S RAINING, IT'S, IT'S POURING AND IT'S, IT'S LIKE A FLOOD THERE. AND SO, UM, BECAUSE OF HIS CARPORT, IT'S CAUSED A LOT OF TROUBLE. AND LIKE I SAID, MY GRANDFATHER IS 88 YEARS OLD. HE HAS, YOU KNOW, UM, NO WAY OF, YOU KNOW, HELPING HIMSELF WITH THIS. AND, YOU KNOW, IT'S A PROBLEM FOR HIM. HE CAN'T GO OUTSIDE BECAUSE IT'S CONSTANTLY MOIST AND WET AND, YOU KNOW, UM, I JUST THINK IT'S, IT'S A LITTLE EXCESSIVE FOR IT TO STAY. OKAY, THANK YOU. YOU HAD MENTIONED THAT YOU HAD SOME PICTURES. YES, SIR. STAFF, DID YOU HAVE, WAS THOSE THE ONES THAT YOU WERE SHOWING OR IS THERE ADDITIONAL PICTURES? NO, NO. THOSE ARE THE ONES I PRINTED OUT MYSELF FROM OUR, WE, AND THESE WERE TAKEN JUST LAST MONDAY. SO, UM, YOU CAN SEE, UH, THERE'S DATES ON THERE WHERE YOU CAN SEE IT WAS TAKEN LAST MONDAY. AND THE, THE, THE DRIVEWAY IS WET STILL, AND IT HAS NOT RAINED. YESTERDAY WAS THE ONLY DAY THAT IT RAINED. BUT I MEAN, UM, SEE, [02:30:01] IT'S CAUSING, THAT'S, THAT'S THE SIDE. IT'S CAUSING, UM, MOLD AND AND MILDEW AND ALL THAT STUFF. JUST 'CAUSE YOU KNOW, THE RAIN, IT'S POURING. OKAY. WELL, UM, IF, IS THERE ANYONE ELSE SIGNED UP TO SPEAK? NO. OKAY. SO NOBODY ELSE, IF YOU CAN, UM, IF YOU COULD JUST, UH, SEE IF WE HAVE ANY QUESTIONS THERE, ANY COMMISSIONER QUESTIONS FOR, FOR THIS RESIDENT? NO, UH, MA'AM, I HAVE A QUESTION FOR YOU. UH, WHAT IS, WHAT IS THE MATERIAL OF YOUR DRIVEWAY? IS IT ASPHALT OR CONCRETE? IT'S CONCRETE. OKAY. UM, IT'S CONCRETE AND, UM, YOU KNOW, UM, IT, I KNOW IT'S OLD, BUT I MEAN, BECAUSE OF THE ACCUMULATION. I MEAN, IT'S, IT'S, IT'S NOT ONLY THE DRIVEWAY, IT'S GOING UNDER OUR HOUSE. 'CAUSE IT'S, UM, THE, THE WATER JUST SEEPS THROUGH. AND HOW DOES YOUR, HOW DO, UH, I GUESS YOU OR YOUR NEIGHBOR'S YARD SLOPE THE SAME WAY? DID THEY SLOPE PREDOMINANTLY TO THE BACK OR TO THE FRONT? UH, THE WHAT, WHAT DO YOU MEAN? LIKE, WHEN IT RAINS, IS THE WATER NORMALLY DRAINED TOWARDS THE STREET OR TOWARDS THE REAR OF THE FRONT? NO, IT JUST SITS UNDER US. SO, UM, I, I, I DON'T KNOW HOW, BUT I MEAN, IT'S SUPPOSED TO BE SLANTED TOWARDS THE FRONT TO GO TOWARDS THE, UM, STREET. BUT BECAUSE IT'S TOO MUCH AND IT'S EXCESSIVE, IT JUST SITS ON US. OKAY. AND SO WE'RE, IT'S, IT'S, WE'RE UNDER, AND, UM, , I'M SORRY I DIDN'T BRING PICTURES, BUT YOU CAN SEE IT GOES SEEPING UNDER OUR FLOORS. HE HAS LIKE, OLD WOODEN FLOORS. IT'S AN OLD HOUSE. OKAY. AND SO IT, IT'S, IT'S FLOODING. WHEN IT RAINS, IT FLOODS THROUGH. AND SO WE'RE TRYING, WE'RE, I MEAN, WE'VE TRIED EVERYTHING, UM, TO TRY TO PREVENT IT HAPPENING. YOU KNOW, WE'VE EVEN CONSIDERED PUTTING OUR, OKAY. THANK YOU. YEAH. UH, A A ANY MORE QUESTIONS? MANCHACA UH, COMMISSIONER MENCHACA, UH, QUESTION FOR THE APPLICANT. IT APPEARS THAT YOUR DRIVEWAY IS SLANTED TOWARD THE HOUSE. IS, IS YOUR DRIVEWAY SLANTED TOWARD YOUR HOUSE FROM THEIR ROOF, FROM THEIR, UH, GUTTER? IT'S SUPPOSED TO BE A FLAT. I MEAN, UH, I MEAN THE HO HOLD ON, MS. ALI. THIS IS, UH, QUESTIONS FOR THE APPLICANT. I'M SORRY, GO FROM THE FENCE. MM-HMM. , IT'S HER DRIVEWAY SLANTED TOWARD HER HOUSE. NO, SIR. IT'S HAS A SMALL PITCH. IT'S A VERY, IT'S VERY, UH, VERY SLIGHT. BUT YOU CAN SEE THAT THERE IS A SMALL PITCH. I DID BRING A, THERE ARE SOME PICTURES THAT I, THAT I ALSO TOOK. AND THEN I HAVE VIDEOS OF, UH, WHEN IT RAINED. AND, UH, I DIDN'T REALLY SEE ANY ACCUMULATION, BUT WE CAN SEE THESE ON THE VIDEO. UH, AND YOU CAN SEE WHERE THE GUTTER IN THEIR, BY THEIR FRONT IS, IS JUST POURING ALL THAT WATER TOWARD, TOWARDS THEIR HOUSE. AND SO I, AND I DIDN'T REALLY SEE ANY FROM THE, FROM THE CARPORT. EVERYTHING FROM THE CARPORT WENT TO THE FRONT, AND THEN IT WENT TO THE STREET. 'CAUSE IT, THERE'S THE PITCH ALSO GOES TO THE STREET, DOWN TOWARDS THE STREET. LET'S SEE. I WAS TRYING TO ASSESS HERE IS THE, UH, OVERFLOW. HOW MUCH IS IT FROM THE PITCH OF THE DRIVEWAY, HER DRIVEWAY VERSUS HER HOUSE AND SAYING THAT THE OVERFLOW FROM YOUR GUTTERS IS OVERWHELMING THAT DRIVEWAY? THAT'S WHAT I WAS TRYING TO DETERMINE. UH, YOU MEAN CAN YOU, CAN YOU REPEAT THAT SIR, PLEASE? WHEN YOUR GUTTER FILLS UP MM-HMM. AND IT OVERFLOWS MM-HMM. , IT HITS THE GROUND ON HER SIDE, CORRECT? MM-HMM. AND HER AND HER SIDE HAS A PITCH. MM-HMM. , IT GOES DOWN TOWARD HER HOUSE. NO, THE PITCHES, THE PITCH KIND OF GOES IN BETWEEN THE, THE PROPERTY LINES. YOU CAN SEE THE SLIGHT PITCH AS THE PROPERTY LINE IS THIS WAY, YOU SEE THE SLIGHT PITCH GOING JUST AT A VERY SLIGHT ANGLE IN BETWEEN. AND THEN ALL THAT WATER, WHAT I'VE NOTICED, IT COMES AND GOES DOWN TO, TO THE STREET. THAT'S WHAT I'VE NOTICED IT, IT'S ALL IN THE GOING, GOING TOWARDS MAYFIELD. THAT'S WHAT I CLUE TO SEE. MM-HMM. , THANK YOU. I HAVE SOME, UH, I, I HAVE ANOTHER VIDEO ON MY PHONE, UH, OF THE WATER, THE WAY IT'S GOING DOWN AND HOW THE WATER IS ALL COMING OUT OF THE, THE DOWNSPOUT FROM THE CARPORT ONTO THE, IT'S REALLY WHAT IT DOES. IT, IT HITS MY, MY FENCE. AND BECAUSE THEY DIDN'T, IT DOESN'T HAVE A HOLE. THE, THE PLANK FROM THE PRIVACY FROM THE GATE, I MEAN, UM, IT HITS THAT PLANK AND IT KIND OF PUDDLES IN MY DRIVEWAY, PUDDLES IN MY DRIVEWAY, WHICH IS NOT A BIG DEAL. AND A LOT OF IT ALSO GOES INTO THE LITTLE GULLY IN BETWEEN THE TWO DRIVEWAYS. THANK YOU. GOING TOWARDS THE STREET. THANK YOU. MM-HMM. , ARE THERE ANY MORE QUESTIONS? MANNA? COMMISSIONER MANNA? SO, UM, IT LOOKS LIKE THERE'S A DETACHED STRUCTURE IN THE BACK. YES, SIR. AND THEN, UM, BY LOOKING AT THE OVERHEAD VIEW, IT LOOKS LIKE THE, UM, THE NEW, UM, CARPORT, CARPORT IS ACTUALLY CLOSER TO THE PROPERTY LINE, UH, THAN THE, THAN THE ORI THAN THE OLDER STRUCTURE THAT WAS ATTACHED. IS THERE A REASON WHY IT'S CLOSER TO THE FENCE LINE? I, I REALLY COULDN'T SAY. UM, I KNOW THAT HE, WHEN THEY, WHEN THEY BUILT IT, BECAUSE THE HOUSE IS AT A, IT'S, IT'S FUNNY BECAUSE THE, THE, THE HOUSE ONLY HAS, IF [02:35:01] YOU'LL, IF YOU LOOK AT THE BLUEPRINT AGAIN, THERE'S, THE HOUSE IS NOT CENTERED ON THE PROPERTY. IT'S MORE TOWARDS THE, UH, WEST SIDE OF THE PROPERTY. SO IT ONLY GAVE THEM PROBABLY JUST A LIMITED AMOUNT OF, OF, UH, OF VARIANCE, YOU KNOW, FOR THEM TO PUT THE CARPORT AND THE, THE, IF THEY WOULD'VE FOLLOWED THE, THE, UH, THE GARAGE, WHICH WAS, THAT WAS ALREADY THERE WHEN WE BOUGHT THE HOUSE, AND THE HOUSE WAS BUILT IN 1954, UM, I, I BELIEVE IT WOULD'VE, THAT WOULD'VE PROBABLY TAKEN MAYBE TWO FEET OFF, AND THAT WOULD LIMIT HOW WE OPENED THE DOORS. DO YOU KNOW WHAT THE WIDTH OF THE CARPORT IS AS IT'S CURRENTLY BUILT? UH, IT SHOULD BE ON THE PRINTS. I CAN GRAB THE, MY CAR. SO THE SURVEY REFLECTS IT FROM THE SIDE OF THE HOME TO THE PROPERTY LINE. IT'S 15.1 FEET. OKAY. THANK YOU. OH, WELL THAT'S, THAT'S, THAT'S THE BEGINNING. THAT'S FROM POST TO POST. BUT IF THE CARPORT FROM THE HOUSE ITSELF, IT'S, IT, IT VARIES BECAUSE THE CARPORT KIND OF COMES, THE CARPORT GOES OUT A LITTLE WIDER AT THE, AT THE BEGINNING, AND THEN IT, IT KIND OF, UH, GOES IN AND THEN IT COMES BACK OUT TOWARDS THE BACK. ALL RIGHT. THANK YOU. MM-HMM. ? UH, ARE THERE, HOLD, HOLD ON, MA'AM. UH, ARE THERE ANY MORE QUESTIONS? O ZUNA. OKAY. COMMISSIONER O ZUNA. MS. BAGHI, UH, UH, YOU SAW BEFORE THE CITY WAS RECOMMENDING AN ALTERNATE, UH, VARIANCE, WHICH THEY WOULD SUPPORT, WHICH IS A TWO FOOT VARIANCE TO ALLOW A THREE FOOT SETBACK FROM THE SIDE. WOULD THAT BE ACCEPTABLE TO YOU? UM, I, I BELIEVE WE COULD. I THINK WE, WE COULD DO TWO FEET, BUT I WOULD HAVE TO LOOK AT THE MEASUREMENTS AGAIN. OH, UH, LET ME SEE. FIVE EIGHT. OH, BECAUSE I KNOW, I KNOW THAT THE FRONT OF THE CARPORT, IF YOU LOOK AT THE PICTURES, IT GOES OUT A LITTLE BIT MORE THAN, UH, WELL, YOUR, YOUR PLOT PLAN, UH, SUGGESTS A 15 FOOT, 15 FEET. SO THE CITY IS SAYING, UH, THEY WOULD SUPPORT A TWO FOOT VARIANT. MM-HMM. SO THEY WOULD EXPECT THREE FOOT SEPARATION. OH, SORRY. BETWEEN YOUR CAR FOOT 12 FEET, EXCLUDING SUPPORT POSTS. SO TWO FEET. RIGHT. AND THE ONLY REASON I'M I'M ASKING IS MM-HMM. IS THAT'LL GIVE YOU A LITTLE BIT OF SPACE TO BRING THOSE GUTTERS BACK AND RIGHT. PROVIDE MAYBE A FRENCH DRAIN OR SOMETHING TO, TO CLEARLY YOUR, YOUR NEIGHBOR'S IMPACTED BY THE WATER COMING OFF. MM-HMM. AND THE NEIGHBOR HAS RIGHTS. MM-HMM. , I UNDERSTAND. WELL, THEY'RE IMPACTED BY WHAT YOU'RE DOING HERE. MM-HMM. . SO, UM, YOU KNOW THAT, THAT, 'CAUSE IF IT WAS COMPLETELY DENIED HERE, THEN, THEN YOU WOULD HAVE TO COMPLY WITH A FIVE FOOT. RIGHT. OKAY. AND SO WE'RE TRYING TO, TRYING TO BROKER SOMETHING THAT WOULD WORK FOR YOU AND ALSO RESPECT THE NEIGHBOR'S. OKAY. RIGHTS AS WELL. SO, MM-HMM. , ANY OTHER QUESTIONS? OKAY. I HAVE A QUESTION. YES, SIR. SO YOUR SITE PLAN IS SHOWING A CARPORT THAT'S 59 FEET DEEP SO THAT THAT'S COULD EASILY SUPPORT THREE VEHICLES. YES, SIR. UM, DO YOU USE YOUR GARAGE? THE GARAGE IS NOT, IS NOT, UH, FEASIBLE TO STORE ANY, UH, CARS? FIRST OF ALL, THE FOUNDATION IS ALL CRACKED, WHICH IT WAS LIKE THAT WHEN I PURCHASED IT. AND THE DOORS DON'T OPEN, UH, UP, THEY SLIDE BACK AND FORTH. OKAY. IT'S VERY OLD FASHIONED. I NOTICED THAT YOU HAVE A, A, A FAIRLY LARGE LOT. YES, SIR. AND THEN ON THE SURVEY PLAN, IT SHOWS THAT YOU HAVE, UH, ANOTHER EXISTING DRIVEWAY THAT'S ON THE OPPOSITE SIDE OF YOUR HOME, WHICH HAS MUCH MORE PROPERTY ASSOCIATED. YES. UH, WIDE. CAN YOU, UH, TALK ABOUT WHY YOU DIDN'T PERHAPS PUT A CARPORT ON THAT SIDE? UH, THE REASON WHY IS BECAUSE ON THE, ON THE EAST SIDE, UH, THE WEST SIDE OF THE PROPERTY, UM, IS WHERE THE KITCHEN DOOR IS AT. AND THAT'S WHERE WE MAINLY ENTER, COME IN AND OUT OF THE HOUSE. WE DON'T, WE DON'T USE THE FRONT DOOR. WE COME IN THROUGH THE SIDE. SO THE HOUSE ACTUALLY HAS THREE DOORS, ONE IN THE BACK, ONE IN THE FRONT, AND THEN ON THE SIDE BY THE DRIVEWAY. SO IT'S SO CONVENIENT TO COME IN AND OUT OF THE SIDE THAN IT IS TO GO IN THE, YOU KNOW, FRONT. THANK YOU. UH, ANY MORE QUESTIONS? OKAY. HEARING NONE, UH, IF YOU COULD TAKE A SEAT PLEASE. UH, IS THERE A COMMISSIONER WHO WOULD LIKE TO MAKE A MOTION ON THIS CASE? UH, JUST KEEPING IN MIND THAT, UH, THE APPLICANT IS ASKING FOR ONE INCH, UH, AND THE CITY IS RECOMMENDING A TWO FOOT VARIANCE TO THE FIVE FOOT SETBACK UNA COMMISSIONER UNA, REGARDING CASE NUMBER BO O EIGHT DASH, UH, 21 DASH 3 0 0 0 81. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT TO REQUEST FOR A TWO FOOT VARIANCE TO THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT WITH RAIN GUTTERS TO BE THREE FEET FROM THE SIDE PROPERTY LINE SITUATED AT 2 2 3 WEST MAYFIELD BOULEVARD. APPLICANT BEING MARRIED, MCGEE, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRACTED TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE REQUEST TO ALLOW A CARPORT ENCROACHMENT INTO THE SITE SETBACK IS NOT CONTRACTED TO THE PUBLIC INTEREST. AS THE APPLICANT HAS ADEQUATE SPACE FROM THE ADJUST [02:40:01] ADJACENT STRUCTURE TO DUE TO 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, BY OPPOSING A LITTLE ENFORCEMENT, THE CARBO CARPORT WIDTH WOULD NEED TO BE ADJUSTED TO FIVE FEET, WHICH WOULD REDUCE THE AMOUNT OF SPACE FOR THE VE VEHICLE PARKING. THREE. 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 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. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USE IS 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. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO REDUCE A PORTION OF SITE SETBACKS DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF THE ADJACENT PROPERTIES. THIS DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THIS DISTRICT. THIS PROPERTY IS LOCATED WITHIN AN OLDER NEIGHBORHOOD, AND THERE ARE OTHER NON-CONFORMING CAR PORTS ALREADY BUILT, ENCROACHING INTO THE SITE. SETBACKS SIX APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT NEAR NOT, AND ARE NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS. AND THE DISTRICT, WHICH THE PROPERTY IS LOCATED, THE BOARD FINDS THAT THE APPLY TO THE PROPERTY OWNER IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE THE SHORT WIDTH OF AVAILABLE SPACE FOR THE CARPORT AND OF MOTION. IS THERE A SECOND? DEAL? SECOND. ALL RIGHT. WE HAVE A MOTION, A SEC IN A SECOND. UH, COMMISSIONER ZUNA. RIGHT. SO I'M GONNA SUPPORT THE, UH, AMENDED VARIANCE AS READ. UH, I BELIEVE THAT IT DOES PROVIDE AN ADEQUATE SPACING TO, TO, UH, PROVIDE FOR THE NEEDED, UH, GUTTER DRAINAGE TO GET THAT WATER OFF THE PROPERTY OF THE NEIGHBOR. AND SO I'M SUPPORTING THE MOTION COMMISSIONER THIEL. I'M IN AGREEMENT WITH MY COLLEAGUE. I THINK, UH, CUTTING BACK THE, THE SIDE OF IT IN ORDER TO, TO PUT THE WATER BACK ON THEIR OWN PROPERTY WILL HELP ALLEVIATE SOME OF THE ISSUES WITH THE NEIGHBOR. AND I DO BELIEVE THERE'S ADEQUATE SPACE TO BOTH PARK AND ENTER AND ACCESS THE VEHICLE IN THE HOME. GREAT. UH, ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? LOVE COMMISSIONER. LOVE. SO WE GRANT A LOT OF VARIANCES FOR SIDE SETBACK ENCROACHMENTS. UM, WHICH, WHEN THERE'S NO OPPOSITION FROM THE NEIGHBOR WHO THAT'S REALLY AFFECTING, I MEAN, WE HAVE THESE SIDE SETBACKS FOR A REASON. UM, YOU KNOW, THAT'S THE NEIGHBORHOOD, THE NATURE OF THE NEIGHBORHOOD. I'M NOT GONNA BUILD CLOSER THAN FIVE FEET. THERE'S GONNA BE FIVE FEET BETWEEN THE PROPERTY LINE AND THE STRUCTURES. SO THERE'S ZERO LOT LINE SUBDIVISIONS. BUT, YOU KNOW, THESE FOLKS, I GUESS, UH, BOUGHT INTO ONE WITH FIVE FOOT SETBACK. SO IF THERE WAS NO OPPOSITION, I, YOU KNOW, I, I WOULD BE COMPLETELY FINE WITH IT. BUT WHEN YOU HAVE A NEIGHBOR WHO IT IS GONNA AFFECT IT IS GONNA ENCROACH INTO, YOU KNOW, IT IS AN ENCROACHMENT, I BELIEVE ON YOUR NEIGHBOR, WHEN YOU HAVE A STRUCTURE LIKE THAT, THAT VIOLATES A SETBACK. SO WHEN THEY'VE TAKEN THE TIME TO COME DOWN, I THINK IT'S A DISSERVICE TO THEM. I, YOU KNOW, TO, TO VOTE IN FAVOR OF THIS. I CAN'T DO IT. OKAY. UH, ANY ANYONE ELSE? OKAY. I HAVE A QUESTION. UH, THIS IS FOR STAFF. UH, THE MOTION AS READ IS FOR OUR A CARPORT. UH, IF THIS WERE TO BE PASSED TODAY, WOULD, WOULD THE APPLICANT BE ALLOWED TO, UM, UH, ENCLOSE THE SIDE OF THE CARPORT, OR WOULD IT HAVE TO BE OPEN? DOES THAT HAVE TO BE PART OF THE MOTION? SO IT'S FOR A CARPORT. UM, IF THERE'S ANY ENCLOSURES REQUIRED BECAUSE OF ANY FIRE RATING, THEN THAT WOULD BE TAKEN CARE OF DURING THE BUILDING PERMIT PROCESS. BUT THERE'S STILL SUBSTANTIALLY NEEDS TO BE A CARPORT, NOT HABITABLE LIVING SPACE LATER. WELL, I KNOW, BUT IF THEY WERE, MY CONCERN IS THAT IF THIS WERE TO APPROVE, COULD THEY, LET'S SAY MONTHS FROM NOW, PUT IN SOLELY A WALL ALONG THE, UH, THE WEST SIDE THERE AND, AND, YOU KNOW, NOT ENCLOSE IT, NOT AIR CONDITIONED, BUT IT JUST, JUST PUT A PRIVACY WALL FROM THE ROOF DOWN. I'M JUST CURIOUS, WOULD THIS VARIANCE ALLOW THAT? WOULD THEY HAVE TO COME BACK BEFORE US? DOES PLAN REVIEW REQUIRE THEM TO PUT A WALL? NO. I MEAN, BUT IF THEY ELECTIVE WERE TO ADD IT. WELL, I, I KNOW. I'M JUST TRYING TO FIND OUT WITH RELATION TO THIS, WOULD THEY BE REQUIRED TO PUT A WALL? NO. USUALLY IF IT'S WITHIN THREE FEET, THEY ASK 'EM TO FIRE RATED AS IN, UH, NO OPENINGS, NO WINDOWS, NO DOORS, AND NO OVERHANG. WELL, I MEAN, YEAH, SHE WOULD IF IT WERE FIRE RATED. I'M JUST WONDERING, COULD SHE BUILD A WALL, YES OR NO? THAT, THAT'S ALL. WOULD THEY HAVE TO COME BACK TO THE B O A FOR PERMISSION TO PUT A WALL DOWN THE SIDE? IF THEY'RE NOT BEING REQUIRED TO PUT A WALL NOW FOR THIS PARTICULAR STRUCTURE, THEN NO, THEY WOULDN'T BE ABLE TO PUT A WALL WITHOUT COMING BACK. OKAY. THAT'S JUST WHAT I WANNA MAKE SURE. 'CAUSE IF IT'S AT 59 FEET LONG, I THINK IT'S MUCH DIFFERENT. IF IT'S PREDOMINANTLY [02:45:01] OPEN, THEN IF IT WAS A POTENTIAL FOR THERE TO BE A WALL THERE, THAT'S ALL. ALL RIGHT. IF THERE'S NOTHING ELSE, UH UH PLEASE TAKE A ROLL CALL. VOTE. MR. OZUNA. YES, I CONCUR. MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. TREVINO? YES, I CONCUR. MS. FISHER? YES, I, YES, I CONCUR. MR. MANCHACA, I CONCUR. MR. LOVE. I DO NOT CONCUR. MS. CRUZ? YES, I CONCUR. MR. MANO. I DO NOT CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I DO NOT CONCUR. CHAIR ORIAN AND I ALSO DO NOT CONCUR. MOTION FAILS. SEVEN TO FOUR. UH, WITH SOMEONE ON THE PREVAILING SIDE, I'D LIKE TO AL OFFER AN ALTERNATIVE MOTION. BUT FIRST IF THEY DO, I NEED A MOTION TO RECONSIDER HEARING NONE. UH, WE'LL MOVE ON TO THE NEXT CASE. UH, MA'AM, IF YOU CAN MEET WITH STAFF, THEY'LL TALK TO YOU ABOUT YOUR OPTIONS MOVING FORWARD. OH, BEFORE WE GO ONTO THE NEXT CASE WE HAD, UM, I'M JUST CURIOUS, IS UH, UH, MR. BESKI HERE? NO. OKAY. WE'LL MOVE ON TO, UH, NUMBER 10. THE NEXT TWO APPLICANTS ARE HERE. UM, AND I DID EMAIL MR. BINOWSKI TO MAKE SURE HE'S ON HIS WAY. SO, OKAY. UH, CASE [10. 21-5158 BOA-21-10300088] IS BO O A 21 1 0 3 0 0 88. THE SUBJECT PROPERTY IS LOCATED AT 1710 WEST ALMOS DRIVE. AND WITHIN COUNCIL DISTRICT ONE, THE APPLICANT BEING RENEE LA FUENTE. THE REQUEST IS FOR ONE A FOUR FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW AN ATTACHED CARPORT TO BE SIX INCHES AWAY FROM THE SIDE PROPERTY. LINE. TWO, A THREE FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW THE ATTACHED CARPORT TO BE SEVEN FEET AWAY FROM THE FRONT PROPERTY LINE. AND THREE, A SPECIAL EXCEPTION TO ALLOW A PREDOMINANTLY OPEN FRONT YARD FENCE TO BE SIX FEET EIGHT INCHES TALL. THE ZONING OF THE PROPERTY IS SINGLE FAMILY RESIDENTIAL. THE SUBJECT PROPERTY IS LOCATED NEAR, UH, WEST ALMOS DRIVE, UM, ON WEST ALMOS DRIVE. THEY'RE PROPOSING A BRAND NEW CARPORT TO BE BUILT. UM, AND THEY ARE REQUESTING VARIANCES DUE TO THE LIMITED SPACE, UM, ON THE PROPERTY. THERE ARE OTHER CAR, OTHER CARPORTS WERE OBSERVED WITHIN THE SURROUNDING AREA, UM, THAT WERE ENCROACHING INTO THE SIDE SETBACK. UM, UPON THE SITE VISIT, THAT'S WHEN WE, UM, OBSERVED THE FRONT YARD FENCE EXCEEDING THAT FIVE FOOT MAXIMUM HEIGHT. UM, SO WE INCLUDED THAT IN THEIR REQUEST AS WELL. HERE'S A COPY OF THE SITE PLAN AND THIS IS THE SUBJECT PROPERTY. HERE'S THE MEASUREMENT, UM, OF THE FRONT YARD FENCE IN THE SURROUNDING AREA. SO FOR THE SET SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE, UM, TO ALLOW THE CARPORT TO BE THREE FEET AWAY FROM THE SIDE PROPERTY LINE BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE CARPORT WILL BE THREE FEET AWAY FROM THE SIDE PROPERTY. LINE TWO, THE CARPORT IS NOT OUT OF CHARACTER WITH THE NEIGHBORHOOD. AND THREE, THE ADJUSTED WIDTH OF THE CARPORT WILL BE 10 FEET. FOR THE FRONT SETBACK VARIANCE STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS. ONE, THE CARPORT WOULD BE SEVEN FEET AWAY FROM THE FRONT PROPERTY LINE. AND TWO, UH, THE CARPORT IS NOT OUT OF CHARACTER WITH THE NEIGHBORHOOD. AND THEN REGARDING THE FRONT YARD, UM, FENCE, SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS. ONE, THE FRONT YARD FENCE IS PREDOMINANTLY OPEN. TWO, THE WROUGHT IRON FENCE IS NOT OF CHARACTER WITH THE NEIGHBORHOOD. AND THREE, THE GATE IS ON A ROLLING TRACK. STAFF MAIL 36 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET. NONE WILL RETURN IN FAVOR, NONE IN OPPOSITION. AND THERE IS NO RESPONSE FROM THE LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION. SO AT THIS TIME, I CAN ANSWER ANY QUESTIONS AND IF THERE ARE NONE, THEN I CAN TURN IT OVER. OKAY. ONE THING ON, ON THE, UH, AGENDA, IT SAYS THAT YOU ARE RECOMMENDING WITH AN ALTERNATE [02:50:01] RECOMMENDATION, UH, BUT YOU KIND OF LOOKED LIKE YOU WERE APPROVING IT. UH, WHAT IS THE ALTERNATE RECOMMENDATION? THAT'S FOR THE SIDE SETBACK VARIANCE. OKAY. THANK YOU. MM-HMM. , IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS. UH, RENEE LA FUENTE AT, UH, 12 7 25 APPLEWHITE ROAD. I GUESS WHERE I DON'T HAVE A PROBLEM. I, THE GENTLEMAN, THE OWNER DOESN'T HAVE A PROBLEM WITH THE, THE FRONT 'CAUSE YOU'RE IN ACCORDANCE WITH THE FRONT. I GUESS SHE AGREED WITH THE FRONT BEING WHERE IT'S AT. 'CAUSE WHAT HAPPENS, THIS IS A ONE-WAY STREET. I DON'T KNOW IF YOU'RE FAMILIAR WITH OLMOS, BUT IT'S A ONE-WAY STREET AND YOU'VE GOT A LOT OF TRAFFIC GOING THROUGH. THERE'S NO WAY YOU CAN EVEN PARK IN THE STREET UNLESS YOU WANT TO GET HIT. THERE'S A TON OF TRAFFIC THAT'S CLOSE TO I 10 AND OLMOS, AND IT'S A ONE-WAY STREET. SO THERE, THERE'S REALLY NO WAY HE CAN PARK IN THE STREET. AND HE'S GOT A LOT OF, UH, CRIMINAL ACTIVITY, A LOT OF STUFF. HE'S GOT NICE VEHICLES. UM, THEY GET BROKEN IN A A LOT. SO WHAT HE WANTS TO DO, AND THEY'VE BEEN HAVING THEM PARK IN THE STREET, SO HE WANTS TO EXTEND IT OUT TO WHERE THEY CAN PUT 'EM ALL UP THERE AND THEY PARK 'EM UP ON THE, ON THE, BUT CODE COMPLIANCE WOULD HAVE A PROBLEM WITH THEM PARKING UP ON THEIR YARD. THAT'S WHY HE SAYS, LET'S BE PROACTIVE. LET'S SEE, CAN WE GET A CARPORT TO WHERE I CAN, UM, PUT MY VEHICLES UP, UP IN THE FRONT. BUT HE'S VERY, VERY, THE, THE, THE LOTS ARE VERY SMALL IN THAT AREA AND HE'S VERY LIMITED ON SPACE. THAT'S THE REASON WHY HE SUGGESTED THIS SIZE. AGAIN, WE'RE WILLING TO, THE ONLY PROBLEM THAT I HAVE WITH THE THREE FOOT THAT HE'S LIMITED ON THAT SIDE YARD TO, IF YOU GO THREE FEET, YOU REALLY, HE'S GOT A BIG FORD TRUCK. I DON'T KNOW IF YOU SAW IT IN THE PICTURES. I DON'T THINK HE COULD EVEN GET IN THAT, THE SIDE THERE. SEE, I DON'T IF THERE'S A PULSE THREE FEET AWAY. I DON'T THINK THERE'S EVEN AS FAR AS THE FENCE AGAIN, HE THAT WOULD, HE, HE DID THAT FENCE A LONG TIME AGO AND HE DID. IT'S AT THAT HEIGHT, MAYBE AT THE ARCH PART OF IT. BUT IF YOU SEE, NORMALLY THE WHOLE FENCE IS PRETTY AT THE HIGHEST POINT. IT'S WHERE IT'S AT. BUT SEE WHERE HE PARKS HIS VEHICLE, THERE'S NO WAY WITH A THREE FOOT POST THERE THAT IT COULD EVEN FIT ANY VEHICLE THERE. SO JUST THE FACT OF WHERE IT'S AT, YOU KNOW, THE ONE WAY STREET, THE AMOUNT OF TRAFFIC THAT GOES THROUGH THERE. I TOLD HIM THERE WAS A GOOD CHANCE OF US GETTING THIS, BUT I MEAN, THERE'S NOT, OBVIOUSLY THERE'S, THERE'S ISSUES. HE HAS NO PROBLEMS WITH THE NEIGHBORS OR ANYTHING LIKE THAT. SO AGAIN, WE WOULD LIKE TO LEAVE IT LIKE THIS, BUT WE'RE WILLING TO WHATEVER THE, THE BOARD, UM, RECOMMENDS. OKAY, THANK YOU. UH, IS THERE ANY, UM, ANYONE SIGNED UP TO SPEAK? WE DO HAVE A VOICEMAIL TO PLAY. OH, PLEASE PLAY IT. HELLO, I AM CALLING ON BEHALF OF LAST THREE DIGITS OF CASE NUMBER 0 8 8. HELLO, I'M CALLING ON BEHALF OF MY HUSBAND KEVIN CARMONA. MY NAME IS ASHLEY CARMONA. WE LIVE, WE ARE NEIGHBORS TO MR. NIETO, LOCATED AT 1714 WEST DOMOS. KEVIN AND I ARE IN FAVOR OF MR. NIETOS NEW CARPORT. IT WILL IMPROVE OUR NEIGHBORHOOD AND ALSO KEVIN AND I AGREE THAT IT IS NECESSARY TO HAVE WITH BAD WEATHER LIKE HAIL WHEN WE HAVE HAIL DAMAGE. UM, THANK YOU. THE CARMONA. THAT CONCLUDES THE PUBLIC COMMENTS. ALL RIGHT, THANK YOU. UH, MS. FUENTE, IF YOU COULD PLEASE COME UP. ARE THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? I, OKAY, I HAVE A QUESTION. UM, STAFF, CAN YOU PLEASE BRING UP, UH, THE AERIAL PHOTO FROM THE, UH, YEAH, YOU CAN ZOOM IN A LITTLE BIT. SO ON THE SITE PLAN YOU PRESENTED, YOU HAD A STORAGE BUILDING THAT WAS SHOWN COMPLETELY SEPARATED FROM THE MAIN BUILDING. BUT THIS SHOWS, BUT YOU HAVE THE ENTIRE PROPERTY'S BASICALLY ROOFED ALMOST. AND MY CONCERN IS THAT WITH THE PROVISION OF A CARPORT THAT GOES ALONG THE FRONT OF YOUR HOME IN ADDITION TO THE SIDE, THAT THERE'S GOING TO BE AN ENORMOUS AMOUNT OF, OF, UH, OF IMPERVIOUS COVER. YEAH, I THINK WHAT HE DID IS HE HAS HIS, HE, HE'S A CONTRACTOR. SO HE HAS IS, I DON'T KNOWS IF YOU COULD BRING UP THE SITE PLAN. I DON'T KNOW IF THAT'S YEAH, SHOW THAT AS WELL. JUST THE YEAH, JUST THE ELEVATION IF YOU WANT. THERE'S A GARAGE, BUT, AND I GUESS HE KIND OF TIED IT WITH THIS. YEAH, HE DID PUT A ROOF TO CONNECT IT I GUESS. SO WE CAN WALK OVER THERE, GRAB MATERIAL OR WHATEVER. YEAH. SO YOU'RE RIGHT. YEAH, IT IS, I'M NOT GONNA DENY THE FACT I DID SHOW IT JUST FOR, I CAN'T, CAN'T SAY IT'S STRUCTURALLY CONNECTED TO EACH OTHER. IT'S WITH A, YOU KNOW, LIKE A, I DON'T KNOW WHAT YOU WOULD CALL BREEZEWAY [02:55:01] OR WHATEVER. SURE. IT CONNECTED. I'M NOT GONNA DENY. AND THEN THAT'S WHAT IT LOOKS LIKE. BUT THE FOOTPRINTS ARE, ARE ACCURATE. BUT AS FAR AS THE ROOF, I OKAY. IF YOU WANTED TO, I, I WOULD'VE. WELL, AND AND THERE'S A CONCRETE PATIO IN THE REAR TOO. YEAH, HE JUST HAS CONCRETE. HE JUST POURED CONCRETE AND GALORE. IS HE ALLEY BEHIND THERE DRIVABLE? I DON'T THINK SO. RIGHT. I DON'T THINK THAT ALLEY IS. YEAH. OR IT'S AN ELECTRICAL EASEMENT, BUT I THINK THAT ALLEY'S DRIVABLE. NO. OKAY. I'M JUST, I'M JUST, LOOK, I'M GETTING THIS FROM THE ARIEL, THAT'S ALL. YEAH, NO, NO. AND I AGREE A HUNDRED PERCENT. HE, HE CO HE ENCLOSED IT JUST, YEAH, GAIN ACCESS. I THANK YOU COMMISSIONER ZUNA. SO I'M NOT HEAR A QUESTION. OKAY. SORRY. SO YOU HEARD THE PREVIOUS CASE AND WE WERE DISCUSSING WATER AND WHERE THE WATER WAS GONNA RUN OFF. WHERE'S THE WATER GONNA RUN OFF ON THE PROPOSED CARPORT? ARE YOU GONNA CAPTURE IT ON SITE OR YOU OBVIOUSLY YOU INTEND TO DO GUTTERS AND SUCH HERE. YEAH, IT'S ALL GONNA COME TO THE FRONT, TO THE ALMOST SIDE. AND THEN THE PERSON THAT CALLED, I BELIEVE WAS THE ONE RIGHT ON THE LEFT HAND SIDE WHERE THE, THE CARPORT'S AT. SO IT'S NOT GONNA NEGATIVELY LIKE, UH, AFFECT ANYBODY ON THE LEFT HAND SIDE, WHICH IS, SO IT'S GONNA SLOPE IS THE GARAGE. IT'S GONNA SLOPE TO THE FRONT. AND ACTUALLY WHAT HE WANTS IS HE WANTS US TO DESIGN 'CAUSE WE WOULD DO THE ENGINEERING FOR IT. HE WANTS US TO DESIGN A ROOF IS KIND OF CANTILEVER. THERE'S OF SORTS WHERE THE WATER IS JUST GONNA COME TO THE FRONT, BUT IT'S NOT GONNA HAVE A POST. SO IT'S GONNA BE CAUGHT NOT BY A CABLE, BUT BY A STRUCTURE UP THROUGH THE TOP. AND WE'D HAVE TO SUBMIT DRAWINGS AND ALL THAT FOR IT. BUT HE WANTS A UNIQUE CARPORT. IT'S NOT GONNA BE A CHEAP CARPORT. IT'S GONNA BE A VERY EXPENSIVE CARPORT. 'CAUSE HE DOESN'T WANT POSTS THERE TO, BECAUSE IT'S VERY LIMITED IN SPACE WHERE HE DRIVES HIS VEHICLES IN THERE. HE WANTS IT TO BE KIND OF CANTILEVERED TO WHERE IT'S NOT GONNA HAVE A POST. SO WHEN I SAY WHEN SHE SAYS, OR WHEN I SAY SEVEN FOOT, SEVEN FOOT FOR THE ROOF, IT'S NOT SEVEN FOOT FOR A POST OR ANYTHING. LIKE IT'S GONNA BE CANTILEVERED. GREAT. ANY OTHER COMMISSIONER QUESTIONS? MANNA COMMISSIONER MANNA? SO, SO LOOKING AT THE PICTURE IT'S SHOWING RIGHT NOW ON THE SCREEN HERE, IT DOES APPEAR THAT THE YARD, A HUGE PART OF THE FRONT YARD IS ALREADY, UH, IMPERVIOUS COVERED AND LOOKS LIKE MORE THAN 50% HONESTLY AND RIGHT. PROBABLY. YEAH. AND, AND THEN, UH, FOLLOWING UPON, UH, COMMISSIONER OREN'S POSITION, YOU KNOW, IT DOES LOOK LIKE THE WHOLE BACK IS SUBMITTED TOO. SO THIS IS ALMOST LIKE 95% CEMENT PROPERTY. UM, YOU KNOW, SO, SO YOU KNOW, I, I GUESS JUST, JUST AN OBSERVATION HERE. SO, YEAH. UH, ANY OTHER QUESTIONS? MIN MINKA MINKA, UH, I AGREE. MY COLLEAGUE, I'M HAVE A LITTLE ISSUE WITH ALL THE IMPERVIOUS COVERING AND SO MUCH ROOFING AND UH, THE MOTION REALLY DOESN'T STATE THAT IT'S GONNA INCLUDE GUTTERS. YEAH, WELL WE'RE DEFINITELY GONNA DO IF, LIKE I MENTIONED, THE, THE ROOF IS GONNA COME TOWARDS THE FRONT. SO, BUT WE CAN ADD GUTTERS. THERE'S NOT GONNA BE NO WATER COMING OFF TO THE SIDE. SO THE WATERS CAN COME DIRECTLY TO THE OLD MO WEST OMO SIDE. SO YOU'RE SAYING IT'S GONNA HAVE A SLANT TOWARD THE FRONT? YES. NOT A GABLE TOWARD THE FRONT. YES SIR. NO, IT'S GONNA BE A FLAT TYPE ROOF KIND OF CANTILEVER TO, WE'RE GONNA HAVE TO DO AN ENGINEERING. I UNDERSTAND NOW. YEAH. STAFF. ARE WE ALLOWED TO ENTERTAIN A MO ENTERTAIN A MOTION WHERE WE CAN, UH, CALL FOR A SPECIFIC PITCH ON THE ROOF TO GO TOWARDS THE FRONT IN THE MOTION? IT IS JUST ANOTHER CONDITION. AS LONG AS IT ISN'T VIOLATE WELL, WE CAN'T VIOLATE CODE, WE CAN'T ADD CONDITIONS THAT WE CAN REQUEST THE APPLICANT TO AMEND HIS REQUEST TO INCLUDE THINGS LIKE GUTTERS AND SLOPE CONCERNS. BUT THAT WOULDN'T BE OUT OF PLACE. RIGHT. YEAH. YOU, YOU DON'T WANT TO ADD CONDITIONS IF, UM, BUT THE APPLICANT CAN, CAN ADD THAT TO HIS REQUEST AT HIS OWN BEHEST. RIGHT. IF, IF HE'S WILLING TO AMEND TO INCLUDE THAT IN HIS APPLICATION. I BELIEVE THAT'S, THAT'S OKAY. OKAY. THANK YOU. AND MAN, AGAIN, WHATEVER MR. MANN. SO, AND JUST WANTED TO CLARIFY. SO, SO YOU HAD SOME DIALOGUE WITH REGARDS TO, UM, THAT YOU'RE, UM, YOU KNOW, THE CITY GAVE A ALTERNATE RECOMMENDATION AND, AND YOU'RE OKAY WITH THAT ALTERNATE RECOMMENDATION? WELL, IT WOULD DESTROY THE WHOLE THING. 'CAUSE IF YOU DO THREE FOOT, THEN YOU WOULDN'T BE ABLE TO, YOU WOULDN'T HAVE ACCESS TO THAT SIDE YARD. I THINK THAT'S WHAT THEY'RE, IF I'M NOT MISTAKEN, I THINK THAT'S WHAT THEY'RE RECOMMENDING FOR US TO SAY THREE FOOT AWAY. BUT THEN THERE'S NO WAY YOU CAN DRIVE A VEHICLE AND HE'S BEING PROACTIVE. HE SAID, I DON'T WANT TO BUILD THIS THING AND THEN HAVE TO GO AND THEY SAY I HAVE TO EXPLAIN IT TO ANYBODY TO JUST TRY TO GET IT. IF THEY DON'T WANT TO, THEN I I'M NOT GONNA DO IT. I MEAN, SO I TOLD HIM, WELL, WE'LL GIVE IT A SHOT. I MEAN, I, I, I UNDERSTAND YOUR CONCERNS. I MEAN, YOU WANT TO BE ABLE TO DRIVE THERE, [03:00:01] BUT, SO HE'S BEING PROACTIVE. HE SAID, I COULD BUILD THIS THING AND, AND THEN DEAL WITH THE CONSEQUENCE LATER, BUT HE SAID, NO, LET'S, LET'S TRY TO DO IT. BE UPFRONT WITH EVERYTHING. SO IF, IF THE OTHER QUESTION IS, AM I OKAY WITH THREE FOOT SIDE? I THINK THAT'S WHAT YOU'RE SAYING, THREE FOOT ON THE SIDE? YEAH. THAT, NO, THAT WOULD, THAT PROBABLY WOULDN'T WORK AS A CARPORT IF WE'D HAD TO GO THREE FOOT INSIDE. OKAY. UH, MS. LAE, IS IT, SO IT'S THE INTENT FOR SOMEONE TO ENTER THE DRIVEWAY, PULL UP PAST THE CORNER OF THE HOUSE AND PARK, AND THEN ALSO MAKE A RIGHT TURN AND PARK IN FRONT OF THE HOUSE RUNNING PARALLEL WITH THE STREET. SO THAT'LL, IT'LL SUPPORT TWO VEHICLES. YEAH. BASICALLY, KIND OF LIKE WHAT THE PICTURES INDICATE. THOSE ARE THE VEHICLES THAT IT WOULD, OKAY, THANK YOU. SO, UM, IS THERE ANY OTHER QUESTIONS? SO YOU'VE HEARD SOME CONCERNS AND WOULD LIKE TO OFFER, UH, AN OPPORTUNITY FOR YOU TO AMEND YOUR APPLICATION, UH, IF YOU WOULD LIKE, UH, YOU'VE HEARD CONCERNS OF NO, DEFINITELY. WHETHER OR NOT THERE WERE GUTTERS AND YOU'VE HEARD CONCERNS ABOUT, UH, ROOF PITCH. UH, SO IS THERE, IF THERE'S ANYTHING YOU'D LIKE TO AMEND, PLEASE DO SO AT THIS TIME. OKAY. YEAH. IF IT WOULD HELP IN ANY WAY, UH, I WOULD SAY POSITIVE DRAINAGE, OR I CAN AMEND IT TO WHERE, SAY, POSITIVE DRAINAGE TOWARDS ALMOST, UH, WELL, YOU HAVE TO, YOU JUST HAVE TO STATE IT AS A, AS IT'S PART OF YOUR APPLICATION. OKAY. IF YOU WANT, YEAH, I WOULD STATE THAT I WOULD, UH, I WOULD BE FEEL COMFORTABLE WITH POSITIVE DRAINAGE TOWARDS, UH, 1710 WEST, ALMOST TOWARDS THE FRONT. AND GUTTERS WITH GUTTERS. IF IT'S SLOPED TO THE, ON ANY PROPERTY, THAT'S GONNA NEGATIVELY AFFECT WITH GUTTERS, OF COURSE. IS THAT ADEQUATE FOR, UH, UM, CHAIR, JUST WANTED TO CLARIFY. SO YOU CAN'T LEGISLATOR CONDITION A CERTAIN ROOF PITCH THAT'S ONLY ALLOWED IN AN OVERLAY TYPE DISTRICT WHERE THAT WOULD BE THE STANDARD. OKAY. RIGHT NOW ALL YOU'RE LOOKING AT IS JUST THE VARIANCE IN FRONT OF YOU. OKAY. SO THE VARI COVERS, WE CAN SET. YEAH. SO THE VARIANCE IN FRONT OF US CURRENTLY IS, IS, IS FOR A CARPORT THAT IS, YOU KNOW, SIX INCHES AWAY FROM THE SIDE PROPERTY LINE, SEVEN FEET FROM THE FRONT. UH, AND, AND AT THIS TIME THAT IT DOES NOT INCLUDE GUTTERS IN ITS APPLICATION. SO IF THERE'S ANYTHING YOU'D LIKE TO STATE, I, UM, YEAH, WE COULD INCLUDE GUTTERS IF THAT'S GONNA KEEP IT THE WAY IT IS, WE CAN INCLUDE, BUT IT'S GONNA HAVE THE DRAIN. WE CAN'T, WE CANNOT IMPOSE CONDITIONS. YOU EITHER ARE OFFERING THAT AS PART OF THIS AMENDMENT. I DEFINITELY, THE, FOR HAVING GUTTERS ANYWHERE, IT WOULD NEGATIVELY AFFECT ANY PROPERTIES SURROUNDING THAT PROPERTY. YES. CATHERINE, IS THAT GOOD ENOUGH FOR AN AMENDMENT? SO ROLAND, IN YOUR EXPERIENCE, DO, DO THE CARPORTS REQUIRE THE GUTTERS? NO, GUTTERS ARE NOT REQUIRED ON CARPORTS. I KNOW. I'M, I'M, I'M, I'M WONDERING IF THE APPLICANT WOULD LIKE TO AMEND HIS APPLICATION TO INCLUDE GUTTERS. I MEAN, YEAH, YOU COULD ADD THAT AS PART OF THE APPLICATION, AND THAT'S PART OF YOUR CONSIDERATION. YEAH, HE'S, YOU NEED TO, SIR, YOU NEED TO EITHER ADD IT OR NOT ADD IT. YOU CAN'T SAY IT'S NOT IF, IF OR WHEN IT'S YOU, YOU'RE EITHER PRESENTING AN APPLICATION WITH GUTTERS OR WITHOUT. OKAY. UM, IT'S THE DIRECTION OF THE, THE CARPORT'S GONNA BE TOWARDS ALMOST, IT DOESN'T NEED THE GUTTERS, BUT I GUESS WE CAN DIRECT OR FUNNEL 'EM WITH GUTTERS. I WOULD ADD GUTTERS IN THE FRONT PART TO KIND OF MAKE SURE IT COMES OUT TO THE WEST ALMOST. SURE. YEAH. OKAY. THANK YOU. THERE'S NO OTHER QUESTIONS. UM, I'M LOOKING FOR A MOTION TEAL. COMMISSIONER TEAL, I'D LIKE TO SEPARATE THIS INTO TWO MOTIONS. YES. THANK YOU. UH, THE FIRST MOTION WILL BE IN REGARDS TO THE, UH, DEFENSE HEIGHT AND, UH, THE FRONT SETBACK. UM, SO I'LL, I'LL TRY TO PROCEED WITH THAT, AND THEN WE WILL TRY TO TACKLE THE MORE DIFFICULT ONE HERE. REGARDING CASE NUMBER BOA DASH 21 DASH THREE EIGHT, I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE THREE FOOT VARIANCE FROM THE MINIMUM FRONT 10 10 FOOT SETBACK TO ALLOW ATTACHED CARPORT TO BE SEVEN FEET AWAY FROM THE PROPERTY LINE SITUATED AT 1710. ALMOST DISREGARD AGAIN REGARDING CASE NUMBER BO A DASH 21 DASH 0 3 0 88. I MOVE TO THE BOARD OF ADJUSTMENT GRANT, SPECIAL EXCEPTION TO ALLOW A PREDOMINANTLY OPEN FRONT YARD FENCE TO BE SIX FOOT EIGHT INCHES TALL, SITUATED AT 1 7 1 0 WEST, ALMOST APPLICANT BEING RENEE LA FUENTE. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE UNIF OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIPS. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE CHAPTER. [03:05:01] THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR THE FENCE HEIGHT MODIFICATION. THE ADDITIONAL FENCE, ONE FOOT EIGHT INCH OF HEIGHT, IS INTENDED TO PROVIDE ADDITIONAL SAFETY FOR THE PROPERTY. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE SIZE TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY, A SIX FOOT EIGHT INCH, PREDOMINANTLY OPEN FENCE ALONG THE FRONT YARD DOES NOT POSE ANY ADVERSE EFFECTS TO THE PUBLIC WELFARE. C NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE BOARD FINDS THAT THE FENCE WILL CREATE ENHANCED SECURITY FOR THE SUBJECT PROPERTY AND IS UNLIKELY TO INJURE ADJACENT PROPERTIES. THE GATE IS ON A ROLLING TRACK, WHICH WILL NOT IMPEDE INTO THE RIGHT OF D. THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL HEIGHT FOR THE SECTION OF THE FRONT YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND WILL PROVIDE SECURITY OF THE DISTRICT. D S D TRAFFIC STAFF DID REVIEW THE FENCE AND IT DOES NOTATE ANY CLEAR VISION STANDARDS. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS THE CURRENT USE OF, OF A SINGLE FAMILY HOME. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AND OF MOTION. THANK YOU. USERS. SECOND, SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER THIEL, PLEASE LEAD THE DISCUSSION. THIS SEEMS PRETTY STRAIGHTFORWARD. IF THERE'S NO, UH, CLEAR VISION ISSUES AND THE DEFENSE HAS ALREADY BEEN THERE AND IT'S NOT POSING AN ISSUE, I THINK IT'S A GREAT SECURITY FEATURE. IT LOOKS NICE. I'LL BE IN SUPPORT. THANK YOU. COMMISSIONER MANNA. I CONCUR WITH MY COLLEAGUE. ALL RIGHT. UH, ANY OTHER COMMERS LIKE TO ADD HEARING NON STAFF? PLEASE TAKE A ROLL CALL. VOTE. MR. THIEL. YES, I CONCUR. MR. MANO. I CONCUR WITH THE FINDINGS OF FACT. MR. VINO? YES, I CONCUR. MS. FISHER? YES, I CONCUR. MR. MANCHACA. I CONCUR. MR. LOVE I CONCUR. MS. CRUZ? YES, I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIEN. I ALSO CONCUR A MOTION PASSAGE UNANIMOUSLY. UH, COMMISSIONER THIEL, YOU'D LIKE TO TAKE A STAB AT THE NEXT ONE. UH, I'M GONNA READ IT AS WRITTEN AND THEN I FEEL LIKE WE CAN ALTER FROM THERE. YES, SIR. REGARDING CASE NUMBER BO O A DASH 21 DASH 0 3 8 8, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL REQUEST FOR ONE OF FOUR FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW THE CARPORT TO BE SIX INCHES AWAY FROM THE SIDE PROPERTY. LINE TWO, A THREE FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW THE ATTACHED CAR PART TO BE SEVEN FEET AWAY FROM THE FRONT PROPERTY LINE SITUATED AT 1 7 1 0 WEST, ALMOST APPLICANT BEING RENEE LA FUENTE. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN THE UNNECESSARY HARDSHIP, SPECIFICALLY FIND THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. THE REQUEST TO ALLOW A CARPORT, ENCROACHMENT IN THE SIDE AND FRONT SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST. AS THE APPLICANT HAS ADEQUATE SPACE FROM THE ADJACENT STRUCTURE IN THE FRONT PROPERTY LINE. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL 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 LITERAL ENFORCEMENT, THE CARPORT WOULD WIDTH, WOULD NOT BE ADEQUATE SPACE FOR PARKING OF A VEHICLE. 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 SETBACKS IS TO PROVIDE SPACING BETWEEN NEIGHBORING STRUCTURES, WHICH IS OBSERVED FOR THE VARIANCE, WILL NOT AUTHORIZE AN OPERATION OF A USE OF OTHER THAN THOSE USES, SPECIFIC, 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. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO REDUCE A PORTION OF THE SIDE SETBACK AND FRONT SETBACK DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, AND WERE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULTS OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS THAT THE PLIGHT OF THE PROPERTY OWNERS IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES [03:10:01] EXISTING ON THE PROPERTY AND IS NOT MERELY FINANCIAL END OF MOTION. THANK YOU. IS THERE A SECOND? OZU? COMMISSIONER ZUNE HAS A SECOND. SO, COMMISSIONER THIEL, UM, YOU READ THE MOTION AS WRITTEN. UH, PLEASE, UH, LEAD THE DISCUSSION AND WHAT, WHAT YOU THINK WE SHOULD DO HERE. WELL, I READ THE MOTION AS WRITTEN, UM, FOR TWO REASONS. ONE, I HAVE NO PROBLEM WITH THE FRONT SETBACK. I I THINK THAT MOST PEOPLE ARE PROBABLY ON BOARD WITH THAT. TWO, I THINK THIS IS, IS PRETTY BLACK AND WHITE HERE. EITHER WE ALLOW IT AS IT'S WRITTEN OR OTHERWISE IT'S NON-FUNCTIONAL, SO I DON'T THINK THERE WOULD BE A REASON TO TRY TO TRUNCATE IT AND DO A THREE FOOT WHEN YOU, THERE'S, IT'S OBVIOUSLY YOU COULDN'T GET THE CAR REPORT IN THERE, SO I'M GONNA SUPPORT IT AS WRITTEN, BUT WE'LL LET THE REST OF THE BOARD DETERMINE HOW THEY FEEL ABOUT IT AS WELL. OKAY. COMMISSIONER ZUMA? YEAH. SO I'M GONNA SUPPORT AS WRITTEN TWO. SO THE MOST IMPACTED, UH, PROPERTY OWNER IS THE PROPERTY OWNER THAT PROVIDED A POSITIVE SUPPORT FOR THE PROJECT. YOU KNOW, THE, THE, SOME OF THE, THE UNKNOWN CONSEQUENCES WOULD BE THE WATER, THE RUNOFF, AND WE'RE ADDRESSING THE WA RUNNER WATER RUNOFF WITH THE GUTTERS. UM, SO I'M SUPPORTING THE MOTION AS WELL. OKAY. ANY OTHER COMMISSIONERS? I'M GONNA SAY THAT I ALSO SUPPORT IT. UM, I'M, I'M NOT A FAN OF THE MASSIVE AMOUNT OF IMPERVIOUS COVER ON THIS LAW, BUT I THINK THE ABILITY TO, TO, UH, PARK YOUR VEHICLE OFF STREET, UM, IS KIND OF MORE IMPORTANT IN THIS PARTICULAR CASE. SO WITH THAT STAFF, PLEASE TAKE A ROLL CALL. VOTE. MR. THIEL. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. I CONCUR WITH THE FINDINGS OF FACT. MR. VINNO? YES, I CONCUR. MS. FISHER? YES, I CONCUR. MR. MANCHACA. I CONCUR. MR. LOVE I CONCUR. MS. CRUZ? YES, I CONCUR. MR. MANO. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. CHERYL ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE. UH, MR. FUENTE, IF YOU COULD PLEASE GET WITH STAFF TO TALK TO YOU ABOUT, UH, WHAT TO DO NEXT. SO, I GUESS WE'RE ON ITEM NUMBER 11, MR. RAMIREZ. OKAY, NEXT CASE IS GOING TO BE, UH, BOARD OF ADJUSTMENTS [11. 21-5161 BOA-21-10300093] 21 DASH 1 0 3 0 0 0 9 3. SUBJECT ADDRESS IS 38 15 WEST HOUSTON STREET. CITY COUNCIL DISTRICT IS NUMBER FIVE. REQUEST FOR A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SITE SETBACK TO ALLOW AN ATTACHED CARPORT WITH FOUR INCH GUTTER, FOUR INCH GUTTERS TO BE TWO FEET AWAY FROM THE SIDE PROPERTY LINE. CURRENTLY ZONED, UH, RESIDENTIAL SINGLE FAMILY SUBJECT PROPERTY IS LOCATED ALONG WEST HOUSTON STREET AND NORTHWEST 22ND STREET. CURRENTLY HAS A SINGLE FAMILY, UH, RESIDENCE CONSTRUCTED ON THE PROPERTY. PROPOSED METAL CARPORT WILL MEASURE TWO FEET FROM THE POST TO THE PROPERTY LINE WITH A FOUR INCH OVERHANG TO ALLOW FOR GUTTERS UPON SITE VISIT. STAFF ALSO OBSERVE OTHER PROPERTIES WITH SIMILAR CARPORTS. UH, COPY OF THE SITE PLAN, UH, FRONT OF THE SUBJECT PROPERTY. UH, MAY, MIGHT. I NOTE THAT THE, UH, CURRENT EXISTING CARPORT IS NOT THE ONE THAT'S, UH, BEING PROPOSED. THAT'S GONNA BE DEMOLISHED AND A NEW CARPORT WILL BE BUILT. UH, THAT'S THE CURRENT SIDE PROPERTY LINE MEASURING TWO FEET AWAY WHERE THE NEW POSTS ARE GONNA BE LOCATED AT FROM THE PROPERTY LINE WITH THE DRIVEWAY MEASUREMENT TO THE POST. AGAIN, ANOTHER PICTURE OF THE DRIVEWAY, UH, SHOWING THE, UH, DRIVEWAY FROM THE HOUSE. THE DISTANCE SURROUNDING AREAS. STAFF RECOMMENDS DENIAL WITH AN ALTERNATIVE RECOMMENDATION, UH, OF A TWO FOOT VARIANCE TO ALLOW A CARPORT TO BE THREE FEET FROM THE SIDE. PROPERTY LINES BASED ON THE FOLLOWING FACT, ON THE FOLLOWING FACTS. ONE, THE ATTACHED CARPORT WITH FOUR INCH GUTTERS WILL BE THREE FEET AWAY FROM THE SIDE PROPERTY LINE. AND THE TWO, THE STRUCTURE BEING THREE FEET FROM THE SIDE PROPERTY LINE WILL ALLOW AMPLE SPACE TO ACCESS THE VEHICLES. AND THREE, THE CARPORT IS NOT OUTTA CHARACTER FOR THE NEIGHBORHOOD. AND FOUR, WITH THE ADJUSTED WIDTH OF THE CARPORT WILL BE 10 FEET. THERE WERE 30 NOTICES MAILED OUT, ZERO IN OPPOSITION, ZERO IN FAVOR. AND THERE'S BEEN NO RESPONSE FROM THE PROSPECT HILLS NEIGHBORHOOD ASSOCIATION. UH, APPLICANT PRESENTATION WOULD BE MR. EDWARD RAMIREZ. [03:15:03] HELLO? YEAH. HELLO, I'M EDWARD RAMIREZ. I'M TRYING TO BUILD A CARPORT AND REROUTE ALL THE WATER COMING. SIR, SIR, CAN YOU PLEASE STATE YOUR ADDRESS FOR THE RECORD, PLEASE? OH, 38 15 WEST HOUSTON. I'M SORRY. THANK YOU. THANK YOU. UH, WHAT I'M TRYING TO DO IS REROUTE ALL THE WATER INSTEAD OF GOING TO THE SIDE OF, TO MY NEIGHBOR'S HOUSE, GOING UNDER HIS HOUSE, AND THEN COMING BACK UNDER MY HOUSE TRYING TO REROUTE ALL THE WATER TO THE STREET. AND THAT'S BASICALLY IT. . OKAY. UM, SNA, IS THERE ANY, UH, PUBLIC COMMENT HERE OR ANYONE SIGN UP TO SPEAK? THERE'S NO ONE IN HERE, BUT I'M JUST NO ONE SIGN IN TO SPEAK. OKAY. , ARE THERE ANY QUESTIONS FOR MR. RAMIREZ? TEAL, UH, COMMISSIONER TEAL, UH, YOU'RE GONNA DEMOLISH THE EXISTING CARPORT AND REPLACE IT BASICALLY IN THE SAME FOOTPRINT AREA? UH, NO. WHAT I'M, WELL, I'M GONNA DEMOLISH THE, THE EXISTING ONE AND THEN ADD THE PITCH LIKE THIS AND THEN OUT COMING 20 FEET AWAY TO THE, TOWARDS THE STREET. BUT ESSENTIALLY IT'LL BE IN THE SAME LOCATION. YES. YOU WON'T MOVING BEYOND THE, THE FRONT FACADE OF THE HOME. RIGHT. OKAY. COMMISSIONER ZUNA, DID YOU HAVE A CHANCE TO TALK WITH YOUR NEIGHBOR AND LET HIM KNOW WHAT YOU'RE DOING AND YES, I TALKED TO THE PEOPLE ON THE LEFT SIDE AND ALSO RIGHT. AND CLEARLY IT'S AN IMPROVEMENT OF WHAT YEAH, THEY, THEY GOT NO PROBLEM WITH IT. OKAY. AND THEN THE MOTION INCLUDES THE GUTTERS, RIGHT. SO WE'RE COVERED WITH THAT AS PART OF THE MOTION? YES. ALRIGHT, THANK YOU. ALL RIGHT. ANYONE ELSE? SO THE CITY HAS RECOMMENDED A, AN ALTERNATIVE WITH REGARDS TO THE SIDE SETBACK TO BE A LITTLE BIT, UH, UM, I GUESS WIDER. AND SO, UH, WHAT KIND OF HARDSHIP OR WHAT, WHAT DOES THAT PRESENT TO YOU IF IT IS THAT, YOU KNOW, WE, WELL, IT, THAT, THAT KIND OF GIVES ME A LITTLE BIT MORE ROOM TO OPEN MY DOORS ON THE VEHICLES AND, YOU KNOW, 'CAUSE IF I GO THREE TO FIVE FEET TOWARDS MY HOUSE, I MEAN THE, THE CARPORT WOULD BE RIGHT, RIGHT IN THE MIDDLE OF MY DRIVEWAY. AND, AND YOU'D MENTIONED YOU WERE GONNA HAVE A DUAL PITCH ROOF, SO SOME'S GONNA GO BACK AND THEN SOME FORWARD WELL, WELL, YEAH. IT'S GONNA BE KIND OF LIKE THIS. I CAN'T EXPLAIN IT. AND THEN TOWARDS THE STREET, I GOT A PICTURE SOMEHOW. NO, THAT'S FINE. OKAY. THANK YOU. OKAY. OKAY. UH, MR. RAMIREZ, UH, WHAT WE, I, I SEE A BUNCH OF PICTURES AND IT HAS A MEASURING TAPE, BUT DO YOU KNOW HOW FAR THE SIDE OF YOUR HOME IS FROM THE SIDE PROPERTY LINE? IT LOOKS LIKE IT'S CLOSE TO 12 FEET, BUT I DON'T KNOW. NO, IT'S, YEAH. WELL, IT'S ABOUT 12. OKAY. SO IF YOU STAY, SO WITH WHAT YOU'RE REQUESTING BEING TWO FEET AWAY, THAT WOULD GIVE YOU A 10 FOOT WIDE? WELL, ACTUALLY, YEAH, 11, 11 FOOT. OKAY. THANK YOU. ANY OTHER QUESTIONS? ALL RIGHT. UH, IS THERE A MOTION PLEASE? MANNA COMMISSIONER MANNA. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ATTACHED CARPORT WITH FOUR INCH GUTTERS TO BE TWO FEET FROM THE SIDE PROPERTY LINE SITUATED AT 3 8 1 5 WEST HOUSTON STREET, APPLICANT BEING EDWARD, UH, EZ. UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN A NECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE REQUEST TO ALLOW A CARPORT, ENCROACHMENT INTO THE SIDE SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST. AS THE APPLICANT HAS ADEQUATE SPACE FOR THE ADJACENT STRUCTURE. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT ANY SPECIAL CONDITION THAT IF ENFORCED, WOULD RESULT IN UNNECESSARY HARDSHIP BY IMPOSING A LITERAL ENFORCEMENT, THE C WITH WOULD NEED TO BE ADJUSTED TO FIVE FOOT, WHICH WOULD REDUCE THE AMOUNT OF SPACE FOR ONE VEHICLE. THREE. BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPEAR OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE SETBACK IS TO PROVIDE SPACING BETWEEN NEIGHBORING STRUCTURES, WHICH IS OBSERVED. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A 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. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST IS TO REDUCE A PORTION OF THE SIDE SIT BACK, DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES. IT DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THIS PROPERTY IS LOCATED WITHIN [03:20:01] AN OLDER NEIGHBORHOOD, AND THERE ARE SIMILAR NON-PERFORMING CARPORTS ENCROACHING INTO THE SIDE SIDE, INTO THE SIDE SETBACK. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO 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 THE UNIQUE CIRCUMSTANCES EXISTING ON PROPERTY DUE TO THE SHORT WIDTH OF AVAILABLE SPACE FOR A ONE VEHICLE CARPORT. END OF MOTION. IS THERE A SECOND? SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER MANNA, PLEASE LEAD, LEAD THE DISCUSSION. SO I'LL BE VOTING IN FAVOR OF THIS MOTION AS READ. UM, I THINK THAT SITTING ON THE EXISTING, UM, UM, UH, SLAB, AS YOU KNOW, SO NOT MAKING ANY WATER IS, IS A, A GOOD START. AND THEN SECOND, I THINK, UM, DIALOGUE WITH REGARDS TO, UH, ENSURING THAT THE WATER RUNOFF GOES TO THE STREET IS, IS, UH, ALSO GOOD. SO I'LL BE VOTING IN FAVOR. THANK COMMISSIONER BRAGMAN. THANK YOU. I'LL ALSO BE SUPPORTING THIS MOTION. UH, I COMMEND YOU, FIRST OF ALL FOR COMING IN AND, AND, UH, GETTING THIS VARIANCE BEFORE YOU BUILT THE UM, MM-HMM. STRUCTURE. UH, AND ALSO THAT YOU ARE ADDRESSING, UH, WATER RUNOFF, WHICH IS SO CRITICAL. SO I'LL BE IN SUPPORT OF THE MOTION. THANK. ALL RIGHT. ANYONE ELSE? UH, UM, WELL THEN I'M GONNA CLOSE THIS THING. I'M ALSO IN SUPPORT BECAUSE I KNOW STAFF WAS ASKING FOR A, FOR A, A TWO FOOT VARIANCE INSTEAD OF A THREE. BUT, UH, IF IT, IF YOU DO ONE MORE FOOT, IT BECOMES LESS FUNCTIONAL AND, AND IT JUST, IT JUST SEEMS RIGHT TO, TO GIVE HIM WHAT HE'S ASKING FOR. SO I'LL BE IN SUPPORT. PLEASE TAKE A ROLL CALL. VOTE. MR. VINNO. YES I CAN. KIRK. MS. FISHER? YES, I CONCUR. MR. MANCHACA. I CONCUR. MR. LOVE. I CONCUR. MS. CRUZ? YES, I CONCUR. MR. MANA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MR. THIEL? YES. I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES, I CONCUR AND CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. UH, MOTION PASSES UNANIMOUSLY. YOU CAN PLEASE GET WITH STAFF. I'LL TALK TO YOU ABOUT WHAT TO DO MOVING FORWARD. ALRIGHT, THANK YOU'ALL. SO IT LOOKS LIKE, UH, WE CAN GO OVER THE MINUTES BECAUSE STILL MISSING. DID WE WANNA MAKE A MOTION FOR CONTINUANCE ON THE CASE THAT HAD NO ONE TO SHOW UP? WASN'T THAT I THOUGHT HE WAS ON THE WAY. HE HASN'T EMAILED ME BACK. PARDON ME? HE HASN'T EMAILED BACK. OH, OKAY. I APOLOGIZE. I THOUGHT HE WAS LITERALLY LIKE DRIVING OVER HERE. ALL RIGHT. WHAT WAS THE SECOND LAST? UH, THE SECOND WAS BRAGMAN. OKAY. SO WE HAVE, UM, ITEM NUMBER SEVEN. UH, THE APPLICANT IS NOT HERE AND HAS NOT, UH, RESPONDED TO THE CITY ABOUT HIS, HIS PRESENCE. SO, UM, LOOKING FOR A MOTION FOR A CONTINUANCE OF SEPTEMBER, 2032 PACT. OKAY. UH, SO IF SOMEONE WOULD LIKE TO MAKE A MOTION TO CONTINUE TO THE SEPTEMBER 20TH ON ITEM SEVEN, BRAGMAN COMMISSIONER BRAGMAN. UM, I MOVE THAT WE CONTINUE CASE NUMBER 0 0 0 8 5 TO SEPTEMBER 20TH. SECOND, WE HAVE A MOTION AND A SECOND TO CONTINUE. UH, ITEM NUMBER SEVEN, CASE ENDING IN 0 0 8 5 TO SEPTEMBER 20TH. STAFF, PLEASE TAKE A, UH, ROLL CALL. VOTE MS. BRAGMAN? YES, I APPROVE MS. FISHER? YES, I APPROVE MR. VINNO? YES. MR. MANCHACA? YES. MR. LOVE. YES. MS. CRUZ? YES. MR. MANO? I APPROVE. MR. DELMER. I APPROVE MR. THIEL. YES. MR. UNA? YES. CHAIR ORIAN. I ALSO APPROVE MOTION PASSES. UH, LAST ITEM ON THE [12. 21-5162 Consideration and approval of August 2, 2021 Board of Adjustment meeting minutes.] AGENDA IS ITEM 12, THE MINUTES. DOES ANYBODY, UH, ANY BOARD MEMBERS HAVE ANY LAST MINUTE ADJUSTMENTS? OKAY, HEARING NONE. UH, I'M LOOKING FOR A MOTION FOR THE APPROVAL OF THE MINUTES. UH, CRUZ. COMMISSIONER CRUZ. UH, I MOVE THAT WE APPROVE THE MINUTES AS AMENDED. I KNOW THAT, UH, VERONICA HAD SENT OUT A, UH, AN ADDITION AN AMENDMENT. SO WITH THAT CONSIDERATION, I APPROVE THOSE. ALL RIGHT. IS THERE A SECOND? SECOND. UH, COMMISSIONER MANDA SECONDS. UM, [03:25:01] LET'S TAKE A ROLL CALL. VOTE PLEASE. MS. CRUZ? YES, I CONCUR. MR. MANNA. I CONCUR. MS. TREVINO? YES. MS. FISHER? YES. I CONCUR. MR. MANCHACA? I APPROVE. MR. LOVE? YES. MS. BRAGMAN? YES. I APPROVE. MR. ZELMER? YES. MR. THIEL? I ABSTAIN. I WASN'T PRESENT. MR. OZUNA? YES. CHAIR ORIAN. AND I ALSO APPROVE MOTION PASSES. 10 TO ZERO WITH ONE AP UH, ABSTINATE. ONE ABSTAINED. THERE IS ONE OTHER [1. 21-5185 Consideration and Action to schedule a Special Meeting on September 13, 2021.] ITEM. WE DID A SUPPLEMENTAL, UH, OH YES. AGENDA ITEM FOR THAT'S RIGHT. UH, CALLING, UH, CONSIDERATION AND ACTION ON CALLING FOR SPECIAL MEETINGS ON SEPTEMBER 13TH. ALL RIGHT. IS THERE A, UM, I ASSUME THAT YOU'VE TALKED TO EVERYBODY. WE CAN GET A QUORUM ON THE, ON THE 13TH NO ONE SAID NO THAT THEY COULDN'T COME. SO THIS IS YOUR CHANCE? NO. AS LONG AS EVERYONE IS, UH, UH, CAN MAKE IT. I'M LOOKING FOR A MOTION FOR A SPECIAL MEETING FOR SEPTEMBER 13TH. I'LL GO AHEAD AND DO, DO IT. I'LL GO AHEAD. COMMISSIONER. UH, COMMISSIONER FISHER. I WILL MAKE A MOTION THAT WE HAVE A SPECIAL SESSION FOR SEPTEMBER 13TH AT ONE O'CLOCK. ONE O'CLOCK. ALL RIGHT. ONE O'CLOCK. IS THERE A SECOND? SECOND. COMMISSIONER LOVE SECONDS. UH, LET'S TAKE A ROLL CALL. VOTE. SORRY, WHO WAS THE SECOND? SORRY. MS. FISHER? YES. MR. LOVE. YES. MR. VINNO? YES. MR. MENCHACA? YES. MS. CRUZ? YES. MR. MANNA? YES. MS. BRAGMAN? YES. MR. DELMER? YES. MR. TEAL? YES. MR. OZUNA? YES. AND CHAIR ORIAN? YES. MOTION PASSES UNANIMOUSLY. IT LOOKS LIKE WE'RE ALL GONNA BE SEEING EACH OTHER MORE OFTEN IN SEPTEMBER. SO, UH, UH, LAST IS [Director’s Report: Update on Board of Adjustment appointments] THE DIRECTOR'S REPORT UPDATE ON BOARD, UH, B O A APPOINTMENTS? YES. SO GOVERNANCE HAS, UM, SCHEDULED A MEETING FOR AUGUST 27TH TO CONSIDER, UH, THE SLATE OF APPLICANTS FOR THE AT LARGE POSITIONS. UM, CLERK'S OFFICE IS ALSO WORKING WITH THE, UH, COUNCIL OFFICES ON REAPPOINTMENTS BASED ON, UH, DISTRICT REPRESENTATION. UH, SO, UM, IF Y'ALL ARE CONSIDERED BEING CONSIDERED FOR REAPPOINTMENT, IF THEY REACH OUT TO YOU TO UPDATE YOUR APPLICATION, PLEASE DO SO. UM, AND, UH, BUT AUGUST 27TH AND WITH THE HOPE THAT ONCE THEY MOVE FORWARD APPLICANTS ON THAT DAY, THAT WE CAN HOPEFULLY EITHER HERE AT THAT FIRST WEEK OF SEPTEMBER OR THE SECOND WEEK IN SEPTEMBER. BUT, UH, HOPEFULLY THAT GETS US TO AT LEAST A SEPTEMBER 20TH TIMEFRAME FOR THESE, UH, NEW MEMBERS. ALRIGHT, SO HEARING NOTHING ELSE, THERE'S NOTHING ELSE, RIGHT? ? I BELIEVE THAT'S IT. I THINK SO. ALL RIGHT. WELL, I'M GONNA, UH, HEAR BY ADJOURN THE MEETING. IT IS 4 39. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.