[00:00:12]
[Orientation for new Alternate Appointments]
GO.WE'RE GONNA START WITH THE OATH OF OFFICE, UM, IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS.
DO SOLEMNLY SWEAR OR AFFIRM THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF THE BOARD OF ADJUSTMENT OF THE STATE OF TEXAS AND WILL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND DEFEND THE CONSTITUTION AND THE LAWS OF THE UNITED STATES AND OF THIS STATE.
SO RATHER THAN PULLING UP THEIR PAPERS, SO LET'S DO THIS.
I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE, AND I FAITHFULLY EXECUTE THE DUTIES.
THE OFFICE OF THE BOARD OF ADJUSTMENT OF THE STATE OF TEXAS, THE BOARD OF, OF THE STATE OF TEXAS.
GO AHEAD AND WILL TO THE BEST OF MY ABILITY, PRESERVE BEST ABILITY, SERVE, PROTECT, AND DEFEND.
PROTECT AND THE CONSTITUTION AND LAWS, CONSTITUTION AND LAWS OF THE UNITED STATES, AND OF THIS STATE AND THIS STATE.
AND THEN ON THIS FORM, YOU'LL JUST GO AHEAD AND SIGN IT AND I WILL BE ABLE TO NOTARIZE IT.
AND THEN WE HAVE ONE MORE ONCE YOU'RE DONE WITH THAT
THE SECOND FORM IS GONNA BE THE STATEMENT OF OFFICER.
IF YOU WANNA GO AHEAD AND STAND AGAIN.
EVERYBODY READY? UM, I DO SOLEMNLY SWEAR OR AFFIRM SOLEMNLY SWEAR THAT I HAVE NOT DIRECTLY OR INDIRECTLY PAID, OFFERED PROMISE TO PAY, CONTRIBUTED, OR PROMISED TO CONTRIBUTE ANY MONEY OR THINK OF VALUE OR PROMISED ANY PUBLIC OFFICE OR EMPLOYMENT FOR THE GIVING OR WITHHOLDING OF A VOTE AT THE ELECTION AT WHICH I WAS ELECTED OR AS A REWARD TO SECURE MY APPOINTMENT.
OR CONFIRMATION, WHICHEVER THE CASE MAY BE, WHICHEVER THE CASE MAY BE.
TITLE OF POSITION TO WHICH ELECTED APPOINTED, YOU'LL SAY BOARD OF ADJUSTMENT.
[Call to Order]
UM, WE'RE GONNA GET THIS MEETING CALLED TO ORDER.UH, IF YOU COULD PLEASE, UH, BE KIND TO SILENCE ALL MOBILE DEVICES.
UH, THE MO THE MEETING OF THE BOARD OF ADJUSTMENT IS HEREBY CALLED TO ORDER.
[00:05:02]
HERE.MR. OZUNA PRESENT CHAIR ORIAN? I AM.
SO LET'S PLEASE STAND AND JOIN US IN THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES AND THE TEXAS FLAG.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, ONE NATION UNDER GOD, THE TEXAS FLAG.
I PLEDGE ALLEGIANCE TO ME, TEXAS ONE STATE, ONE.
SO, BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION.
UH, THE BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS.
FOLLOWING THE CONCLUSION OF 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.
UH, I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR, AND I'LL READ THEM AT THE APPROPRIATE TIME DURING THE MEETING.
SO, WE ARE PRIVATE CITIZENS APPOINTED BY 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 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 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 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.
IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS ON 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 RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION OR REMARKS TO THE PERTINENT FACT OF YOUR CASE.
SO WITH THAT, UM, WE'RE GONNA GO AHEAD AND, UH, SKIP TO ITEM NUMBER NINE ON THE AGENDA, WHICH IS THE CONSIDERATION AND ACTION APPOINTING ONE BOARD OF ADJUSTMENT MEMBER AS A, UM, PRIMARY TO THE PLANNING COMMISSION TECHNICAL ADVISORY COMMITTEE FOR A TWO YEAR TERM.
SO CURRENTLY, SETH, YOU'RE I WAS THE ALTERNATE BECAUSE OF NISA WAS.
SO IS THERE ANY MEMBERS OF THE BOARD, UH, WILLING OR DESIRING TO SERVE ON THE TAC? AND IF I MAY, I CAN OFFER A FEW WORDS ON WHAT THE TTAC IS AND WHAT IT DOES.
SO THE PLANNING COMMISSION TECHNICAL ADVISORY COMMITTEE, UH, SERVES REALLY, UH, FOR TWO MAIN FUNCTIONS HERE IN THE CITY.
THE FIRST IS TO REVIEW APPLICATIONS FOR MAJOR THOROUGHFARE PLAN AMENDMENTS.
THOSE ARE PROCESSED BY THE CITY'S, UH, TRANSPORTATION DEPARTMENT, AND WE MAY SEE A COUPLE OF THOSE A YEAR.
UH, THE SECOND, UH, WHICH IS CERTAINLY THE LARGER LIFT, IS, UH, EVERY FIVE YEARS THE CITY OF SAN ANTONIO GOES THROUGH A PROCESS TO UPDATE OUR UNIFIED DEVELOPMENT CODE.
UH, WE ARE ANTICIPATING THAT THAT PROCESS WILL KICK OFF THIS OCTOBER.
[00:10:01]
PROCESS AND WHAT THE TECHNICAL ADVISORY COMMISSION WILL DO, UH, OVER THE COURSE OF SEVERAL MONTHS, UH, STARTING, UH, LATE, UH, UH, NEXT SPRING AND INTO THE SUMMER, UH, THE GROUP WILL MEET ON A, UH, BIWEEKLY BASIS.UH, SOMETIMES IF THERE IS EVER A MEETING THAT WE ARE NOT ABLE TO, UH, DISCUSS ALL THE ITEMS ON THE AGENDA, THERE MAY BE A SHORTER SECOND MEETING THAT SAME WEEK JUST TO MAKE SURE WE HAVE AN OPPORTUNITY TO REVIEW ALL OF THE PROPOSED AMENDMENTS.
UH, AND IT OFFERS GUIDANCE AND EXPERTISE TO CITY STAFF AND BOARDS AND COMMISSIONS, UH, FOR INTERNAL AND EXTERNAL REQUESTS FOR AMENDMENTS TO THE U D C.
ANY TAKERS? I MEAN, I COULD GO TO PRIMARY IF SOMEBODY WANTED TO BE AN ALTERNATE.
DOES, AND AND JUST SO YOU KNOW, UH, SETH HAD JUST OFFERED, UH, TO GO FROM ALTERNATE TO PRIMARY IF SOMEONE WOULDN'T WANT TO HAVE THE MAIN SEAT ON THAT.
SO, MARIA, YOU HAD RAISED YOUR HAND.
IS IT, WHICH, WHICH POSITION WOULD YOU BE INTERESTED IN? UM, I CAN TAKE ALTERNATIVE.
UH, SETH STILL WANTS THE PRIMARY.
YOU WANT IT? IT DOESN'T MATTER EITHER WAY.
I'LL, I'LL, I'LL REPRESENT REGARDLESS.
UM, SO I'M LOOKING FOR A MOTION TO PUT, UH, SETH TEAL AS THE, UM, PRIMARY MEMBER TO THE, TO THE, UM, TAC ZUNA, UH, COMMISSIONER ZUNA.
I MOVE TO APPOINT SETH TILL AS THE, UH, COMMISSIONER FIRST PHYSICIAN TO THE TAC SECOND.
UH, WE HAVE A MOTION TO SECOND, UH, SECOND BY COMMISSIONER BRAGMAN.
UH, STAFF, CAN WE GO RIGHT TO THE ALTERNATE APPOINTMENT NOW OR DO WE HAVE TO WAIT? WE CAN, WE, WE CAN GO AHEAD AND DO IT NOW.
SO I'M LOOKING FOR A MOTION TO APPOINT A COMMISSIONER, UH, TEAL AS, I'M SORRY, COMMISSIONER, UM, CRUZ AS THE ALTERNATE MEMBER TO THE TAC TEAL, I MAKE A MOTION THAT, UH, COMMISSIONER CRUZ IS APPOINTED AS THE ALTERNATE FOR THE TAC.
SECOND BY COMMISSIONER MENCHACA.
ALL OPPOSED HEARING NON MOTION PASSES.
UH, LET'S CONTINUE WITH ITEM NUMBER ONE ON THE AGENDA.
THIS IS, UH, CHAIR, OH, SORRY.
BEFORE WE START, LET ME GO AHEAD AND, AND GIVE THE PROCEDURES FOR THE MEETING.
SO STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PART OF THE PRESENTATION INCLUDES 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 INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST.
AND THE NEXT INDICATES THOSE PROPERTY OWNERS IN OPPOSITION.
FOLLOWING THIS PRESENTATION AND 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 AN ORDER THAT YOU SIGN UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER, AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION.
WE WILL INFORM 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.
UH, SO THE FIRST ITEM ON THE AGENDA IS LOCATED AT 5 31 PEGGY DRIVE.
IF YOU CAN PLEASE, UH, START AND PRESENT THE CASE.
[1. 21-5359 BOA-21-10300083]
AGENDA.ITEM NUMBER ONE IS CASE BO A 21 1 3 0 0 0 8 3.
THE SUBJECT PROPERTY IS LOCATED AT 5 3 1 PEGGY DRIVE WITHIN COUNCIL DISTRICT TWO.
THE APPLICANT IS MARIELLA SANCHEZ.
THE REQUEST IS FOR ONE, A SPECIAL EXCEPTION TO ALLOW A PREDOMINANTLY OPEN FRONT YARD FENCE TO BE SIX FEET TALL WITH THIS SIX FOOT 10 INCH GATE.
TWO, A SPECIAL EXCEPTION TO ALLOW A SOLID SCREEN FENCE IN THE FRONT YARD TO BE SIX FEET TALL.
THREE A FOUR FOOT, 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ATTACHED CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE.
AND FOUR, A THREE FOOT SIX INCH VARIANCE FROM THE 15 FOOT MINIMUM CLEAR VISION STANDARD TO ALLOW A FRONT YARD GATE TO BE 11 FEET, SIX INCHES FROM THE STREET.
THE ZONING OF THE PROPERTY IS R SIX SINGLE FAMILY RESIDENTIAL.
SO THE SUBJECT PROPERTY IS LOCATED ALONG PEGGY DRIVE.
UM, THEY WERE ISSUED A CODE VIOLATION AND STOP WORK
[00:15:01]
ORDER FOR, UM, NOT HAVING A FENCE PERMIT.THE FENCING ALONG THE FRONT PROPERTY LINE IS WROUGHT IRON.
THE LIMITATION IS FIVE FEET FOR A PREDOMINANTLY OPEN FENCE, AND IT DOES MEASURE SIX FEET WITH THE GATE BEING ON A ROLLING TRACK, MEASURING SIX FEET 10 INCHES.
UM, THERE IS A SECTION OF FRONT YARD FENCE, WHICH IS ALONG THE SIDE PROPERTY LINE, BUT IT EX IT IS PAST THE FRONT FACADE OF THE HOME.
UM, THAT MEASURES SIX FEET TALL.
THE HEIGHT LIMIT FOR A SOLID SCREEN FENCE IN THE FRONT YARD IS THREE FEET.
UM, UPON THE SITE VISIT, STAFF DID NOTICE THE CARPORT THAT WAS BUILT, UM, THAT IS ABOUT AN INCH FROM THE PROPERTY LINE, UH, REGARDING THE CLEAR VISION, UH, D SS D TRAFFIC STAFF DID REVIEW IT AND DID NOT SEE ANY, UM, MAJOR ISSUES OR SITE CONSTRAINTS.
HERE'S A IMAGE OF THE SITE PLAN AND THE SUBJECT PROPERTY.
SO THAT IS FOR THE, UM, MAJORITY OF THE FRONT YARD FENCE ALONG THE FRONT PROPERTY LINE.
AND THEN THIS IS JUST SHOWING THE, THE MEASUREMENT OF THE GATE.
AND THIS IS THAT SIDE YARD FENCE, UM, THAT IS TECHNICALLY IN THE FRONT YARD OF THE HOME BECAUSE IT, IT'S PAST THE FRONT FACADE.
AND THAT ONE, THAT ONE MEASURES SIX FEET TALL.
AND THEN THIS IS AN IMAGE OF THE CARPORT AND THE SURROUNDING AREA SOMETIMES.
SO REGARDING THE, UH, CLEAR VISION REQUEST, STAFF DOES RECOMMEND APPROVAL.
UM, AND REGARDING THE CARPORT, UM, STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION, A V TWO FOOT VARIANCE TO ALLOW THE CARPORT TO BE THREE FEET FROM THE SIDE PROPERTY LINE BASED ON THE FOLLOWING FINDINGS OF FACTS, ONE, THE CARPORT WILL BE THREE FEET AWAY FROM THE SIDE PROPERTY.
LINE TWO, THE ADJUSTED WIDTH OF THE CARPORT WILL BE 10 FEET AND THREE.
THE PROPOSED GATE LAYOUT AND FENCE HEIGHT DOES NOT SEEM TO PROPOSE ANY CLEAR VISION OR SITE CONSTRAINTS REGARDING THE FRONT YARD FENCE.
SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL IN CASE 1 0 3 0 0 0 8 3 BASED ON THE FOLLOWING FINDINGS.
ONE, THE FENCE ALONG THE FRONT PROPERTY LINE IS PREDOMINANTLY OPEN AND IS SIX FEET TALL WITH A SIX FOOT 10 INCH GATE.
THE GATE IS ON A ROLLING TRACK.
THREE, THE FENCE ALONG THE SIDE.
PROPERTY LINE IN THE FRONT YARD IS SIX FEET TALL.
AND FOUR D SS D TRAFFIC STAFF FINDS THAT THE FENCING DOES NOT PROPOSE ANY CLEAR VISION OR SITE CONSTRAINTS.
STAFF MAILED 20 NOTICES TWO PROPERTY OWNERS WITHIN 200 FEET.
THREE WERE RETURN IN FAVOR, ZERO RETURN IN OPPOSITION.
AND, UH, WE DID RECEIVE AN OPPOSITION FROM THE EASTGATE NEIGHBORHOOD ASSOCIATION.
UM, IF YOU DON'T HAVE ANY QUESTIONS, I CAN TURN IT OVER TO THE APPLICANT.
UH, BEFORE YOU DO, UM, IS STAFF RECOMMENDING APPROVAL OF BOTH FRONT YARD FENCING? YES.
ALL RIGHT, LISTEN, LET'S HAVE THE APPLICANT, UH, IF YOU COULD PLEASE COME UP AND STATE YOUR NAME AND ADDRESS, UH, FOR THE RECORD, AND THEN YOU CAN BEGIN YOUR PRESENTATION.
AND, UH, BEFORE ALL I WANT TO APOLOGIZE TO YOU.
UH, BECAUSE I STARTED THIS, UH, CONSTRUCTION OF DEFENSE.
I DIDN'T KNOW I NEEDED TO HAVE SPECIFIC, UH, MEASURES OR I NEEDED TO COME HERE.
BUT THE ISSUE IS I HAVE THREE CHILDREN TOTAL, TWO GIRLS, 14 AND 15 YEARS OLD.
AND WE HAVE BEEN HAVING PROBLEMS WITH MY NEIGHBOR AT THE SITE.
WE BUILT THE FENCE AND, UH, PRIVACY ISSUES.
AND ACTUALLY I HAVE PROOFS HERE OF POLICE REPORTS AND SO FORTH.
[00:20:13]
AND NOW THAT, AND NOW THAT WE HAVE DEFENSE, WE, WE FEEL SAFE, WE ARE COMFORTABLE GOING ON TO WORK, GOING OUT TO WORK, AND THE GIRLS CAN PLAY OUTSIDE AND WE FEEL SECURE NOW.AND SORRY AGAIN FOR DOING SOMETHING I DIDN'T KNOW WASN'T ALLOWED.
UH, UH, CAN YOU ASK THE APPLICANT, SHE HAD MENTIONED THAT, THAT THERE WAS SOME POTENTIAL DOCUMENTS, UH, TO PROVIDE.
DOES SHE HAVE THOSE THAT SHE CAN GIVE, GIVE TO STAFF? YES, I HAVE HERE THE DOCUMENTS, POLICE REPORTS AND, UH, OTHER STUFF.
BUT I ALSO WANTED TO CLARIFY ABOUT THE CARPET.
WE PLACED IT BECAUSE THE HAIL DAMAGED TO ONE OF OUR TRUCKS.
AND, UH, WE DECIDED JUST TO PUT IT JUST FOR EMERGENCY, FOR THAT EMERGENCY CASE.
BUT WE DON'T HAVE INTENTION TO LEAVE IT THERE.
IF, IF YOU HAVE THE, CAN YOU, UM, PLEASE TELL THE APPLICANT THAT IF SHE PROVIDES A DOCUMENT TO STAFF THAT THEY BECOME PART OF THE RECORD, IF THAT'S OKAY FOR HER TO, UH, HAND THOSE OVER.
UM, STAFF, IF YOU COULD PLEASE TAKE THE DOCUMENTS AND IF THERE'S SOMETHING THAT YOU COULD, UH, EITHER PROJECT OR PASS FOR THE BOARD TO SEE, THAT'D BE GREAT.
UH, DO WE HAVE ANY, UM, CITIZEN SIGNED UP TO SPEAK ON THIS, ON THIS CASE? YES, WE DO.
OKAY, MA'AM, IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, THAT'D BE GREAT.
MY NAME IS ESE EIGHT 30 STUDS DRIVE.
EASTGATE NEIGHBORHOOD ASSOCIATION PRESIDENT.
I DIDN'T KNOW THE PROBLEM UNTIL I RECEIVED THE LETTER, SO I WENT DOWN THERE TO SEE WHAT'S GOING ON.
CODE ENFORCER SHOULD HAVE TAKEN CARE OF THIS WHEN THEY SAW THE FENCE.
AND WHY ISN'T CODE ENFORCER TAKING CARE OF THIS PROBLEM? YOU KNOW, SO I HEARD FROM ANOTHER NCE THAT SHE'S HAVING PROBLEM WITH THE NEIGHBOR NEXT DOOR.
HE'S BEEN A PROBLEM FOR A LONG, LONG TIME, BUT PEOPLE DO NOT WANT TO REPORT.
SO IF YOU DON'T REPORT, IT DIDN'T HAPPEN.
HE, HE IS THE MENACE FROM HELL.
BUT IF YOU DON'T REPORT IT, IT NEVER HAPPENED.
NOW, THIS LADY KNOWS THAT I'M THE PRESIDENT.
SHE NEVER CAME TO ME AND TOLD ME ABOUT HER PROBLEMS. WE DO HAVE A SAFE OFFICER THAT WORKS TOGETHER WITH US.
IF YOU CAN SEE THE PICTURE, SHE'S OBS NOW SHE'S GONNA CREATE MORE PROBLEMS FOR THE NEIGHBOR NEXT DOOR BECAUSE AS HE'S COMING OUT, HE HAS TO COME ALL THE WAY OUT.
YOU KNOW, IF PEOPLE COME TO THE MEETINGS, THEY'LL GUIDE 'EM TO WHAT THEY WANNA DO.
HAD SHE CALLED ME, I WOULD'VE TOLD HER, LISTEN TO CODE ENFORCER.
I CAN'T TELL 'EM THEIR JOB, BUT LISTEN TO COURT ENFORCER.
NOW THE GUY, HE IS GONNA BE MORE MAD BECAUSE HE HAS TO COME ALL THE WAY OUT.
THEY'RE OBSTRUCTING THE, THE VIEW NOT ONLY FOR THE NEIGHBOR FROM HELL BUT THE OTHER NEIGHBORS.
THIS IS THE FENCE THAT MY NEIGHBOR IN THE BACK CALLED ME AND SAID, MS. ALANIS CODE ENFORCER WANTS ME TO LOWER THE FENCE IN THE FRONT.
WELL LISTEN TO CODE ENFORCER BECAUSE THEY'RE GONNA FIND YOU
SO THIS IS ONE OF THE HOUSE THAT, UH, IS BEHIND ME.
AND THIS, THESE ARE ON THE SAME STREET, PEGGY, SO IT'S LOWER IN THE FRONT.
SO TO RESPECT THE OTHER NEIGHBORS.
SO WE WON'T OBSTRUCT THE, THE VIEW.
SO THEY HAVE IT LOWERED AND THEN TALL IN THE BACK.
AND THIS IS ALL WE'RE ASKING FROM HER TO LOWER IT.
[00:25:01]
NOW, HER AND HER NEIGHBORHOOD, THAT'S A CIVIL MATTER.I DON'T THINK CODE ENFORCER CAN TAKE CARE OF, UH, A FEW BETWEEN TWO NEIGHBORS.
UH, CODE ENFORCER HAD TOLD ME, MA'AM, WE DON'T SEE IF HOW MANY CHILDREN OR WHO'S WHO, WE ONLY SEE VIOLATIONS.
THAT'S WHAT CODE ENFORCER HAD TOLD ME.
SO THIS, UM, EASTGATE NEIGHBORHOOD IS NOT IN OPPOSITION OF THIS.
NOW WE LET HER, EVERYBODY'S GONNA COME DOWN TO ME.
WHAT HAPPENED? HOW COME YOU'RE TAKING FAVORS? NO, I DON'T DO FAVORS.
BUT IF IT PASSES, I'M GONNA HAVE PEOPLE ON MY BACK.
HEY, HOW COME YOU LET THEM AND YOU DIDN'T LET US? SO THAT'S ALL THAT I WANNA SAY.
UH, NOW WHAT WE'RE GONNA, YOU CAN CONTINUE.
IF YOU HAVE ANY QUESTIONS, YOU KNOW, I'M HERE FOR THE COMMUNITY.
I HAVE MEETINGS WITH THE COMMUNITY AND I HAVE COURT ENFORCER, AND I HAVE SS A P D AND I HAVE CITY COUNCIL BECAUSE I'M NOT THE LAW.
YOU KNOW, SO I HAVE THE, WHEN I BRING TOGETHER THE COMMUNITY, THESE PEOPLE ARE THERE SO THEY CAN ASK QUESTIONS SO WE CAN HELP OURSELVES.
WHAT WE'RE GONNA DO AT THIS TIME IS WE'RE GONNA HEAR IF THERE'S ANY MORE CITIZEN SIDE TO SPEAK, AND THEN WE WILL, UH, OPEN IT UP TO QUESTIONS FROM THE COMMISSION.
IS THERE ANY MORE, UH, NO OTHER ONE.
SIGN IN A SPEAKER? ANY RECORDINGS TO PLAY? NO.
UH, MA'AM, YOU CAN COME BACK UP.
WE HAVE A, IT LOOKS LIKE WE DIDN'T HAVE ANYBODY ELSE SIGNED TO SPEAK.
SO WE'RE GONNA OPEN THE FLOOR WHILE YOU'RE UP HERE.
UM, IS THERE ANY MEMBERS OF THE COMMISSION WHO'D LIKE TO ASK A QUESTION? YES, GO AHEAD.
UH, MS. LANIS KAPLAN, YOU HAVE TO HOLD THE BUTTON.
AND JUST CURIOUS WHO TURNED HER IN.
SEE, I EXPLAINED TO PEOPLE WE'RE NOT GONNA CHANGE THE ZONING TO, TO, IT'S AN R SIX, YOU KNOW, THAT'S WHAT WE PREFER IN OUR MEETINGS, WE TALK.
SO SOMEBODY REPORTED HER, BUT IT WASN'T ME.
WHAT WAS THE JOB? I'VE BEEN DOING THIS JOB.
UH, I'VE BEEN PRESIDENT FOR 14 YEARS, GOING ON 15 THIS JANUARY.
SO THE RESIDENTS, THEY ALREADY KNOW MES WHERE DID, WHAT, WHAT WAS THE CAUSE OF THIS CASE BEFORE THE BOARD TODAY? WAS IT CO COMPLIANCE OR WAS THERE A COMPLAINT? UH, YES.
CODE ENFORCEMENT WAS CALLED TO THE PROPERTY.
SO THE, THERE WAS A COMPLAINT AND CODE ENFORCEMENT SHOWED UP AND THAT'S WHY THEY'RE HERE.
ARE THERE ANY OTHER, SOME RESIDENTS DO KNOW ABOUT THAT? YES, MA'AM.
ANY OTHER COMMISSIONER QUESTIONS? UH, MR. MENCHACA? YES.
UH, UHHUH
I DIDN'T KNOW, AND I GO, WELL, LET ME GO CHECK THE PROPERTY.
WAS WAS THE WHY CODE ENFORCER COULDN'T TAKE CARE OF IT.
SO I BELIEVE CODE ENFORCER DID LET 'EM KNOW AND THEY STILL WANTED TO CONTINUE.
YOU KNOW, I DIDN'T UNDERSTAND WHY CODE ENFORCER GONNA TAKE CARE OF IT, BUT FOR SOME REASON THEY'RE ASKING TO COME HERE.
WELL, WHAT HAPPENS IS CODE ENFORCEMENT WILL CREATE A CITATION AND THEN THEY, THE, UM, THE HOMEOWNER CAN EITHER ADDRESS THE ISSUE OR THEY CAN ASK FOR A VARIANCE FROM THIS BOARD.
SO, BUT I WASN'T AWARE OF THAT.
ANY OTHER QUESTIONS? MANA COMMISSIONER A ZUNA RIGHT HERE? YES.
FIRST IS THE, IS THE EVIDENCE OF THE POLICE REPORTS THAT THE APPLICANT PROVIDED, WOULD THAT CHANGE THE POSITION OF THE ASSOCIATION? OKAY.
UM, OUR SAFE OFFICER HAD ALL THESE ISSUES BEEN, UH, REPORTED AND, AND THE RECORDS.
WE HAVE A SAFE OFFICER THAT'S REALLY GOOD AND CAN WORK WITH YOU AND DOES WORK WITH YOU, BUT IF THEY DON'T ASK FOR HELP, YOU KNOW, SO, SO YOU WERE NOT AWARE OF THE POLICE? NO, NO, NO, NO, NO.
SO WHEN THE NEIGHBORHOOD ASSOCIATION MADE ITS OPPOSITION, THEY WERE NOT AWARE OF THE POLICE REPORTS? NO, NO, NO.
LIKE I SAID, THERE'S A LOT OF PEOPLE THAT COMPLAIN TO ME ABOUT THIS MAN.
BUT I TELL 'EM, CALL IT IN SO WE CAN BUILD THE RECORD ON HIM.
AND THE SECOND, AND IF YOU DON'T BECAUSE THEY'RE AFRAID THAT HE MIGHT RETALIATE.
AND THE SECOND QUESTION IS IN REGARDS TO THE NEIGHBORHOOD ASSOCIATION, WAS THERE AN OFFICIAL VOTE BY THE ASSOCIATION, OR DO YOU REPRESENT THE ASSOCIATION SOLELY WITHOUT ANY KIND OF MEETING OR VOTE FOR THE ASSOCIATION ON THIS ISSUE?
[00:30:01]
OKAY.THEY, THEY VOTED ME IN BACK IN 19, WHAT IS IT, TWO, 2007.
I WAS VOTED IN BECAUSE THE PREVIOUS PRESIDENT, HER HUSBAND GOT SICK AND NOBODY WANTED TO TAKE OVER.
SO THE, SO WE ALL HAD A MEETING AND THE, THE, THE RESIDENTS VOTED ME IN.
BUT THE QUESTION IS IN REGARDS TO THIS SPECIFIC CASE, WAS THERE A MEETING OR SUCH OF THE ASSOCIATION? NO.
AND RIGHT NOW I'M NOT HAVING MEETINGS BECAUSE OF THE COVID.
I DID HAVE PEOPLE WITH COVID IN OUR NEIGHBORHOOD.
SO, BUT, SO MY QUESTION TO YOU IS THAT YOU SHOWED A PICTURE, AND I DON'T KNOW IF IT WAS YOUR NEXT DOOR NEIGHBOR OR NOT, THAT HAD THE FENCE THAT STARTED HIGH AND THEN TRANSITIONED TO LOW UHHUH
AND SO, SO WHAT IS THE HEIGHT OF THE FENCE AS IT GETS TO THE FRONT OF THE YARD? IS THAT THREE FOOT OR IS THAT I THINK IT'S THREE FOOT, BUT, UH, I'M NOT QUOTING FOR SIR
SO, BUT, BUT THAT FENCE IS FROM YOUR PERSPECTIVE, WHAT IS THAT YOUR COMMUNITY WOULD BE COMFORTABLE WITH AND AND MORE IN FAVOR OF, OF WHAT IS THAT YOU'RE LOOKING FOR? I'M IN OPPOSITION OF THE FENCE THAT, THAT THE NEIGHBOR FROM HELL.
SHE'S GOT IT ALL THE WAY TO THE FRONT.
NOW THIS IS GONNA CREATE MORE ANGER, BUT, BUT AS FAR AS THE ONE FENCE THAT IS THERE, YOU'RE COMFORTABLE WITH THAT FENCE AS, AS IT WAS BUILT? SO WHERE IT STARTED AT SIX? NO, NO, I'M NOT COMFORTABLE WITH IT.
DID, DID THE, THE THE ONE THAT'S DOWN THE STREET NEXT TO YOU OR CLOSER TO YOU, ACRO UHHUH
BECAUSE HE HAD TO CUT IT DOWN.
AND SO HE HAD IT TALL AND CODE ENFORCER TOLD HIM TO.
AND I SAID, OKAY, LISTEN TO CODE ENFORCER.
AND SO, SO YOU'RE COMFORTABLE WITH THAT FENCE THE WAY OH YES.
AND THEN ONCE WHERE THE HOUSE IS, IT CAN GO, YOU KNOW, THE SIX OR EIGHT.
UH, IS THERE ANY OTHER QUESTIONS? OKAY.
UH, I'M GONNA BRING THE APPLICANT A AND Y'ALL, Y'ALL BOTH CAN COME BACK UP PLEASE.
SO FOR, UH, FOR THE SPANISH INTERPRETER, COULD YOU, THEY HAVE TO STATE THEIR NAME AND ADDRESS PRIOR TO SPEAKING AND JUST LET THEM KNOW THAT THEY HAVE, UH, TIME TO, TO, TO REBUT OR PROVIDE ADDITIONAL COMMENTARY BASED ON WHAT WE'VE HEARD BEFORE THE COMMISSION CONSIDERS? MY NAME IS MARI SANCHEZ AGAIN REGARDING THE, UH, CASE AT 5 3 1 PEGGY DRIVE.
I WOULD LOVE IF SHE WOULD HAVE COME TO MY HOME TO KNOCK AT THE DOOR AND TALK TO ME BECAUSE I, I REALLY DON'T HAVE IDEA, UH, ABOUT HER OR HER POSITION.
MY NAME IS, UH, SIMON FA, UH, FROM 5 31 PEGGY DRIVE.
UM, AS MY WIFE SAID, I DON'T HAVE ANY KNOWLEDGE ABOUT, UH, THE LADY.
AND, UH, I WOULD HAVE LOVED TO TALK TO HER BEFORE, BUT SHE NEVER CAME TO OUR HOUSE OR ANY, SHE DIDN'T LOOK FOR ANY CONTACT WITH US.
AND, UH, WE, WE HAVE SOME VIDEOS HERE ABOUT THE FIRES THAT OUR NEIGHBORS, UH, MADE IN HIS PROPERTY.
UH, THE DANGER HE PROVOKES OR HAR HAD, HAS PROVOKED IN OUR PROPERTY.
AND THE TIMES WE HAVE, UM, REQUESTING FOR CITATIONS ON HIM, UH, DUE TO THE DAMAGE, UH, THE, HIS KID HAVE, UH, PERFORMING OUR PROPERTY.
SO, AND, UH, REGARDING THE OWNERS, THE OLDER PEOPLE, THEY COMPLETELY AGREE AND BACK UP, UH, DEFENSE, UH, SITUATION IS THE, THE, UH, DIRECT PROBLEM IS WITH THEIR SON.
SO, UNLESS THERE'S NO OTHER QUESTIONS, UH,
[00:35:01]
WE'RE GONNA GO AHEAD AND ASK FOR A COMMISSIONER TO MAKE A MOTION.WAIT, SO DO WE HAVE ANY DISCUSSION WITH THE APPLICANT? SURE.
YOU CAN HAVE, IF THERE'S NO MORE QUESTIONS.
I CAN I SHOW YOU THE PICTURES AND THE VIDEOS THAT I HAVE ABOUT THE FIRES HE MAKES IN HIS PLACE AND HOW DANGEROUS IT IS FOR MY PROPERTY STAFF.
DID THE, DID THE APPLICANT PROVIDE YOU WITH ANY VIDEOS THAT YOU COULD PROJECT ON THE SCREEN? NO, NOT THIS TIME.
UH, SO WHAT, WHAT WE'RE GONNA DO IS, UM, WE, IF WE HAVE THERE ANY MORE QUESTIONS FROM COMMISSIONERS? COMMISSIONER MANNA? OKAY.
YEAH, I GUESS I MISSED THE FIRST ROUND.
I I DIDN'T HEAR FOR THE FIRST QUESTION.
UM, SO THE QUESTION THAT I HAVE IS, YOU TALKED ABOUT, UM, THE NEED TO HAVE THE FENCE ALONG THE SIDE AND YOU TALKED ABOUT, YOU KNOW, I GUESS I'D LIKE SOME MORE DETAILS WITH REGARDS TO THE HARDSHIP OF WHY IT IS THAT YOU NEED THE FENCE GOING ALL THE WAY TO THE STREET.
AND IF YOU CAN GIVE SOME DETAILS ON THAT.
WE WANTED TO MAKE SURE THAT THEY WERE SAVED.
UM, AND SINCE, UH, HIS BEHAVIOR IS A LITTLE ERRATIC, UH, WE WANTED TO MAKE SURE THAT, UH, HE WOULDN'T DISRESPECT HIM AND, UH, THEY WERE ABLE TO ENJOY THE, UH, OUTSIDE AND THE AFTERNOONS AND EVERYTHING BECAUSE THEY COULDN'T, EVERY TIME WE WENT OUT OR WE WERE COOKING OUT, HE WOULD COME OUT AND, UH, SPEED AT US OR JUST STARE AT US.
SO I GUESS A QUESTION I HAVE IS, SO, YOU KNOW, SO NORMALLY THE FENCES ALONG THE BACKYARD, AND SO ARE THESE ACTIVITIES NOT ENJOYED IN THE BACKYARD OR, OR IS IT THAT YOU'RE LOOKING TO ENJOY THESE ACTIVITIES IN THE FRONT YARD AS WELL? IN FRONT MM-HMM.
UH, YOU KNOW HOW HARD IT'S TO ACQUIRE, UH, A HOUSE IN HERE.
AND FOR US IT'S A HUGE ACHIEVEMENT.
SO WE, WE FEEL THAT WE'RE ENTITLED TO ENJOY THE BACKYARD, THE FRONT YARD.
AND, UH, UH, THIS WAS AN EFFORT OF HARD WORKING PEOPLE TO PROVIDE THEIR CHILDREN A SAFE SPACE.
AND THEN ONE MORE QUICK, UH, ONE MORE POINT.
AND SO, SO THE EASTGATE NEIGHBORHOOD, UH, IS IDENTIFIED, UM, AS THE NEIGHBORHOOD ASSOCIATION FOR THIS HOME, UH, ON, UM, ON THE, UH, ONE-STOP WEBSITE.
SO IT IS RECOGNIZED AS A WEBSITE FOR THIS HOME STAFF.
IS THIS A, IS EASTGATE A REGISTERED, UH, UM, NEIGHBORHOOD ASSOCIATION? YES.
SO I HAVE A QUESTION FOR THE APPLICANT.
UM, JUST TO BE CLEAR, YOUR DESIRE IS TO HAVE THE SOLID FENCE ONLY ON THE, THE ONE SIDE ABUTTING THE NEIGHBOR THAT YOU'RE HAVING ISSUES WITH.
IT'S OPEN ON THE OPPOSITE SIDE OF THE HOME.
AND IT IS BECAUSE OF PROTECTION.
IT'S THE ONLY PRO, THE ONLY PROBLEM WE HAVE, WE DON'T HAVE PROBLEMS WITH ANYBODY ELSE.
HE'S THE ONLY NEIGHBOR WE HAVE ISSUES WITH.
AND IT'S, IT'S ONLY FOR, UH, PROTECTION, UH, GOALS.
AND THEN, UH, WE HEARD TESTIMONY FROM THE NEIGHBORHOOD ASSOCIATION
[00:40:01]
THAT A PRIMARY CONCERN IS THE CLEAR VISION ASPECT OF THE SOLID FENCE.WOULD IT BE ACCEPTABLE TO CUT IT BACK AND MAKE IT PREDOMINANTLY OPEN FOR FOUR ADDITIONAL FEET SO THAT YOU COULD HAVE 15 FEET OF CLEAR VISION ON THAT ONE SIDE, I ASK YOU TO CONSIDER HOW HARD IT IS TO MAKE THIS KIND OF INVESTMENT.
IT HAS BEEN SO MUCH EXPENSES OVER, UH, THE TIME TO ACHIEVE THIS.
AND I WORK AS A HOUSEKEEPER IN A HOSPITAL, UH, UH, DEALING WITH COVID ON DAILY BASIS.
AND IT'S HARD, IT'S HARD TO ACHIEVE THIS KIND OF OF PROJECT.
SO I ASK YOU IF POSSIBLE, IF I CAN LEAVE IT THE WAY IT IS.
IS THERE ANY OTHER COMMISSION QUESTIONS? MENCHACA COMMISSIONER MENCHACA YOU NEXT? UH, IN REFERENCE TO THE QUESTION OF THE CHAIRMAN, UH, THE LOWERING OF THE FENCE, IS THERE ANY ISSUE WITH DOGS ON THE NEIGHBORS THAT HE HAS THIS UNPLEASANT NEIGHBORS, DOES HE HAVE DOGS THAT CAN JUMP THE FENCE? YES.
THERE, THERE ARE MANY DOGS IN THE NEIGHBORHOOD AND THEY ARE BIG.
BUT THE NEIGHBOR HAS BIG DOGS IS WHAT I'M ASKING.
COMMISSIONER, COMMISSIONER THIEL, I UNDERSTAND YOU WANNA MAKE A MOTION? YES.
BEF I JUST WANNA LET THE COMMISSION KNOW THAT THERE ARE FOUR ITEMS THAT WE'RE GONNA BE CONSIDERING AND AT LEAST TWO MOTIONS.
ONE IS DEALING WITH DEFENSE SITE, THE OTHER ONE IS DEALING WITH, UH, CLEAR VISION.
AND THE OFFSET FOR THE, FOR THE, UM, CARPORT AND STAFF IS, HAS TAKES ONLY TAKES AN ISSUE WITH THE CARPORT.
AND THEY'RE ASKING FOR THAT TO BE, UH, WITH AN ALTERNATE RECOMMENDATION TO BE SHIFTED OVER, UH, THREE FEET AWAY FROM THE PROPERTY LINE INSTEAD OF ONE INCH.
SO IF I UNDERSTOOD CORRECTLY, YOU MENTIONED THAT THE CARPORT WAS TEMPORARILY OR TEMPORARY AND WERE YOU PLANNING TO REMOVE IT? SO DO YOU HAVE A TIMEFRAME WHEN YOU'RE GONNA REMOVE IT? WE DON'T HAVE A DATE TO, UH, GET IT DOWN, BUT IT IS COMPLETELY TEMPORARY.
WE HAVEN'T, UH, GOT IT, GOT IT DOWN BECAUSE, UM, OF THE EXPENSES OF THE FENCE, BUT AS SOON AS WE CAN, UH, WE'RE GOING TO TAKE CARE OF THAT.
IT, IT WAS ONLY TO PROTECT THE CAR AGAINST THE HE.
UH, UH, COMMISSIONER THIEL, I'M GONNA GO AHEAD AND READ THE MOTION REGARDING THE FENCE HEIGHTS AND THE, UH, CLEAR VISION REGARDING CASE NUMBER BO O A DASH 21 DASH 0 3 0 0 8 3.
I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW ONE, A SPECIAL EXCEPTION TO ALLOW A PREDOMINANTLY OPEN FRONT YARD FENCE TO BE SIX FOOT TALL WITH A SIX FOOT 10 INCH TALL GATE TO A SPECIAL EXCEPTION TO ALLOW A SOLID SCREEN FENCE IN THE FRONT YARD TO BE SIX FOOT TALL, SITUATED AT 5 3 1 PEGGY DRIVE, APPLICANT BEING MARIELLA SANCHEZ.
BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION TO THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE CHAPTER.
THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHTS MODIFICATION.
THE ADDITIONAL FENCE HEIGHT IS INTENDED TO PROVIDE ADDITIONAL SAFETY FOR THE PROPERTY.
THE GATE IS ON A ROLLING TRACK AND DOES NOT POSE ANY HAZARDS TO CLEAR VISION.
THE PUBLIC WELFARE AND CONVENIENCE WILL SUBSTANTIALLY, WILL BE SUBSTANTIALLY SERVED.
AND THIS CASE, THESE CRITERIA ARE REPRESENTED BY FENCE HEISTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY AND MOSTLY SIX FOOT, PREDOMINANTLY OPEN FENCE ALONG THE FRONT PROPERTY LINE.
AND A SIX FOOT SOLID SCREEN FENCE DOES NOT POSE ANY ADVERSE EFFECTS TO
[00:45:01]
THE PUBLIC WELFARE.SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE BOARD FINDS THAT THE FENCE WILL CREATE AN ENHANCED SECURITY FOR THE SUBJECT PROPERTY AND IS UNLIKELY TO INJURE THE ADJACENT PROPERTIES.
THE GATE IS ON A ROLLING TRACK, WHICH WILL NOT IMPEDE INTO THE RIGHT OF WAY.
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 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 DOES NOT VIOLATE ANY CLEAR VISION STANDARDS.
E 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 PUR PURPOSE OF THE DISTRICT.
BY COMMISSIONER ZUNA AND COMMISSIONER THIEL.
CAN YOU PLEASE CLARIFY WHETHER OR NOT THE SOLID FENCE IS ONLY ON THE NORTH SIDE OR YOU GRANT ACCEPT GRANTING BOTH SIDES? UH, WE'LL GO AHEAD AND AMEND IT TO BE ONLY ON THE NORTH SIDE SINCE THAT'S THE LOCATION WHERE IT EXISTS CURRENTLY.
COMMISSIONER ZUNA, DO YOU ACCEPT THAT? I ACCEPT THE, THE, THANK YOU.
UH, COMMISSIONER THIEL? UH, YES, SIR.
UH, ONE, I, UH, LOOKING AT THIS WITH, UH, TRAFFIC NOT HAVING ANY ISSUES WITH CLEAR VISION AND OBVIOUSLY THERE'S A SAFETY ISSUE WITH THE ADJACENT NEIGHBOR.
UM, I FEEL LEAVING THE FENCE AS IS, UM, IS, IS, IS NOT AN ISSUE.
UM, I THINK IT, IT GIVES THE PROPERTY OWNER WHAT THEY NEED IS A LITTLE BIT OF SEPARATION FROM THEIR NEIGHBOR.
AND I DON'T THINK THE NEIGHBORHOOD ASSOCIATION WILL HAVE TO WORRY ABOUT ANYBODY COMING AND ASKING THEM.
'CAUSE ANYONE CAN GO THROUGH THE VARIANCE PROCESS SHOULD THEY WISH TO HAVE A HIGHER FENCE IN THE FRONT YARD.
SO WE, IT'S NO, NO FAIRNESS ISSUES HERE.
COMMISSIONER ZUNA? YES, I BELIEVE THE ADDITIONAL TESTIMONY OF THE POLICE REPORTS, UH, THAT THE, UM, OWNER'S ASSOCIATION WAS NOT, UH, UH, UH, PRIVY TO PROVIDES A PRETTY SOLID CASE OF, YOU KNOW, GOOD, GOOD FENCES MAKE GOOD NEIGHBORS, UH, STATEMENT HERE.
AND SO I'M SUPPORTING THE, UH, MOTION AS READ.
YOUR, ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD TO THE DISCUSSION? MANNA COMMISSIONER MANNA.
SO, UM, I ACTUALLY, UH, LIKED THE DIALOGUE THAT WE'RE GOING DOWN WITH REGARDS TO SCOOTING, UH, BACK THE FENCE SHORTENED A LITTLE BIT.
UM, AND THE REASON WHY IS SIMPLY BECAUSE ONE IS LOOKING, DRIVING DOWN THE STREET THROUGH GOOGLE, YOU DON'T SEE ANY, ANY, UH, FENCES LIKE THIS.
UM, SO FIRST, SECOND IS THAT, YOU KNOW, WHILE IT IS GOOD FENCES MAKE GOOD NEIGHBORS, YOU OUGHT DON'T NECESSARILY KNOW THAT THE FENCE HAS TO BE ALL THE WAY TO THE STREET.
AND SO I WOULD, YOU KNOW, I COULD SEE A FRIENDLY AMENDMENT TO JUSTICE A LITTLE BIT.
I HAVE NO DESIRE TO ACCEPT THE FRIENDLY AMENDMENT.
I THINK THEY'VE PRESENTED A CASE, UH, AND THERE'S NO CLEAR VISION ISSUES.
UH, SO I'M GONNA KEEP THE MOTION AS READ.
UH, IS THERE ANY OTHER COMMISSIONERS THAT WOULD LIKE TO EXPRESS THEIR OPINIONS? COMMISSIONER MENCHACA MENCHACA.
I STILL HAVE AN ISSUE WITH THE CLEAR VISION.
I, I UNDERSTAND THE PRIVACY, UH, THE, THE WORDAGE ON THE SECURITY OF THE KIDS, BUT CLEAR VISION IS STILL A CLEAR VISION FOR THE OTHER NEIGHBOR, REGARDLESS.
COMMISSIONER BRAGMAN? UM, I'M GONNA HAVE TO AGREE WITH THE MOTIONS AS WRITTEN BECAUSE I BELIEVE THAT LOWERING THAT FENCE ON THE SIDE TO THREE FEET OR FOUR FEET IS GONNA DEFEAT THE PURPOSE.
UM, SO I'M, I'M IN SUPPORT OF THE, OF THE MOTION AS WRITTEN.
UH, ANY OTHER COMMISSIONERS LIKE TO ADD? NO.
I'M ALSO IN SUPPORT WITH IT AS BEING READ, UH, MOSTLY BECAUSE, UH, STAFF DID NOT TAKE ISSUE WITH THE CLEAR VISION, UH, ISSUE.
SO WITH THAT, LET'S HAVE A, UH, ROLL CALL VOTE PLEASE.
MR. MANNA, I DO NOT CONCUR WITH THE MS. BRAGMAN.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. TEON? YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
UH, NEXT ITEM IS A MOTION REGARDING THE SPECIAL EXCEPTION TE YOU COMMISSIONER TEEL? YES.
UH, MS. SANCHEZ? UH, WE WE STILL HAVE ONE MORE.
I THOUGHT WE WERE DOING THE CLEAR VISION NEXT VARIANCE.
VISION THAT, THAT, THAT WAS INCLUDED.
THAT WAS ONLY A SPECIAL EXCEPTION.
SO SPECIAL EXCEPTION IS FOR THE FENCE HEIGHT.
CLEAR VISION IS A VARIANCE REQUEST.
SO YOU WOULD USE THE, HE READ THE, HE READ THE VARIANCE.
[00:50:01]
I THINK HE READ THE SPECIAL EXCEPTION FOR THE FENCE HEIGHT.HE READ THE SPECIAL EXCEPTION FENCE HEIGHT AND SAW THE SCREEN.
SO YOU'RE GONNA USE THE, A, A MOTION LANGUAGE FOR A VARIANCE, BUT ONLY ADDRESS IT FOR THE CLEAR VISION IF THAT'S WHAT YOU WANNA DO NEXT.
HE, SO I READ IT AS WRITTEN BASICALLY, BUT ONLY FOR THE SPECIAL, ONLY FOR THE HEIGHT AND THE, OKAY, SO HE ONLY READ THE SPECIAL EXCEPTION.
SO YOU NEED TO READ THE, THE FIRST ONE, CORRECT.
AND THEN STATE NORTH SIDE FOR THE, YEP.
REGARDING CASE NUMBER BO O A DASH 21 DASH 0 3 83.
I MOVED THAT THE BOARD OF ADJUSTMENT GRANT AT REQUEST FOR WHAT IT BE BECAUSE I'M, I'M GONNA GO WITH THE, THE SUGGESTION.
THREE FOOT OR TWO VARIANCE, JUST NUMBER TWO.
ALRIGHT, WELL WE'LL JUST DO THAT.
I MOVED THAT THE BOARD OF ADJUSTMENT GRANTED A REQUEST FOR A THREE FOOT SIX INCH VARIANCE FROM THE 15 FOOT MINIMUM CLEAR VISION STANDARD TO ALLOW A GATE TO BE 11 FOOT SIX INCHES AWAY FROM THE STREET SITUATED AT PEGGY DRIVE.
APPLICANT BEING MARIELLA SANCHEZ.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN A UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE REQUEST TO ALLOW THE, THE REQUEST TO ALLOW THE GATE TO BE IN THE CLEAR VISION REGARDING THE CLEAR VISION, THE VARIANCE OF D S D TRAFFIC HAS REVIEWED AND REQUEST FINDS THAT THE FENCING DOES NOT PROPOSE ANY CLEAR VISION OR SITE CONSTRAINTS DUE TO THE SPECIAL CONDITIONS OF THE LITTLE, UH, LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, THE BOARD FINDS THAT ANY SPECIAL CONDITIONS IF ENFORCED, WOULD RESULT IN ANSES UNNECESSARY HARDSHIP.
THREE, OR EXCUSE ME, BY IMPOSING A LITERAL ENFORCEMENT WOULD NOT BE ADEQUATE SPACE FOR PARKING OF A VEHICLE AND THE FENCE IN THE ROLLING GATE WOULD NOT WOULD NEED TO BE RELOCATED.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
SPIRIT OF 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 NEIGHBORHOOD STRUCTURES, WHICH IS OBSERVED FOR THE VARIANCE, WILL NOT AUTHORIZE AN OPERATION OR USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR VARIANCE SOUGHT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE AN OPERATION OR USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED.
THE REQUEST TO DOES NOT SEEM PRESS, DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
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 OR NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS WITHIN 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 THE PROPERTY AND ARE NOT MERELY FINANCIAL END OF MOTION.
IS THERE A SECOND? UH, SECOND.
BUT DEFINE THE LIMITS OF THE CLEAR VISION AS THE PROPERTY LINE AS WELL.
WE'LL, UH, AMEND THAT TO INCLUDE ONLY THE NORTH PROPERTY LINE, UH, WITH THE CLEAR WITH REGARDS TO THE CLEAR VISION AND THE GATE.
YOU HAVE A MOTION TO SECOND COMMISSIONER THIEL, PLEASE LEAVE THE DISCUSSION.
APOLOGIES, THAT WAS A LITTLE CONVOLUTED, BUT I WANTED TO EDIT IT.
SO IT WAS JUST THE CLEAR VISION THAT WE WERE VOTING ON.
UH, I WILL BE SUPPORTING THIS.
I THINK DEFENSE, AS I STATED PREVIOUSLY, IS FINE SINCE STAFF AND TRAFFIC HAVE NO ISSUE WITH THE CLEAR VISION.
COMMISSIONER ZUMA, UM, SUPPORTING THE MOTION FOR THE, FOR THE, UM, PURPOSES OR FOR THE REASONS I GAVE ON THE PRIOR SPECIAL EXCEPTION.
UH, SPECIFICALLY, YOU KNOW, NO THREE IN FAVOR, NO OPPOSITION, UH, ET CETERA AND APPROVAL FROM THE CITY TRAFFIC CONTROL.
ANY OTHER COMMISSIONERS LIKE TO ADD COMMISSIONER? UM, SO, SO YEAH, SO I'M STILL STRUGGLING WITH THE, UM, THE CLEAR VISION AND SO, SO I WILL NOT BE SUPPORTING IT.
ANY OTHER COMMISSIONERS? OKAY.
UH, STAFF, PLEASE TAKE A ROLL CALL.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
[00:55:01]
THE FINDINGS OF FACT CHAIR ORIAN.I ALSO CONCUR WITH THE FINDINGS OF FACT.
MOTION PASSES, UH, NINE TO TWO.
UH, THERE'S ONE OUTSTANDING ISSUE DEALING WITH THE CARPORT.
IF THERE'S A COMMISSIONER WHO WOULD LIKE TO ENTERTAIN A MOTION, I'M ON THAT.
OTHERWISE IT'LL JUST, UM, GO AWAY BY DEFAULT FAULT HEARING NONE.
UH, THAT DOES IT FOR THIS CASE.
UH, IF YOU COULD PLEASE TELL THE APPLICANT THAT THEY WERE GRANTED THE VARIANCE AS REQUESTED FOR THE SPECIAL EXCEPTION FENCE HEIGHTS.
UH, THEY WERE GRANTED THE VARIANCE ON THE CLEAR VISION, BUT THEY WERE NOT GRANTED A VARIANCE ON THE CARPORT.
IF, AND, AND PLEASE SEE STAFF.
UH, YOU CAN ASK THEM TO TALK TO STAFF ABOUT WHAT TO DO NEXT.
[2. 21-5360 BOA-21-10300084]
ALL RIGHT.IT'S, UH, LOCATED AT 2011 PROBAND AVENUE IS THE APPLICANT PRESENT.
ALL RIGHT, WE'LL HEAR A STAFF APPLICATION, UH, PRESENTATION FIRST AND WE'LL CALL YOU UP.
AGENDA ITEM NUMBER TWO IS CASE BO, A 2 1 1 0 3 84.
SUBJECT PROPERTY IS LOCATED AT 2 0 1 1 PROBAND AVENUE WITHIN COUNCIL DISTRICT THREE, THE APPLICANT BEING YOLAND RODRIGUEZ.
THE REQUEST IS FOR ONE, A VARIANCE TO ALLOW THE PARKING TO BE LOCATED IN FRONT OF THE STRUCTURE.
AND TWO, A 20 FOOT SIX INCH VARIANCE FROM THE MINIMUM 30 FOOT REAR SETBACK TO ALLOW THE REAR SETBACK TO UM, TO BE NINE FEET SIX INCHES.
THE ZONING OF THE PROPERTY IS NEIGHBORHOOD COMMERCIAL.
SO THE SUBJECT PROPERTY IS LOCATED ON THE CORNER OF PROBAND STREET AND THCA STREET.
UM, THERE IS A STRUCTURE THAT IS CURRENTLY PARTIALLY CONSTRUCTED.
UH, THE ZONING OF THE PROPERTY IS NEIGHBORHOOD COMMERCIAL.
SO BECAUSE IT IS A BUDDING, A RESIDENTIALLY ZONED PROPERTY, THERE IS A REQUIREMENT OF A 30 FOOT REAR SETBACK.
UM, THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT ALSO REQUIRES PARKING TO BE LOCATED IN THE REAR OF THE SUBJECT PROPERTY OF, SO THEY'RE REQUESTING IT TO BE LOCATED NEAR THE CORNER.
HERE'S AN IMAGE OF THE SITE PLAN SHOWING THE BUILDING PUSHED FARTHER BACK WITH THE PARKING LOCATED IN FRONT AND THEN THE REDUCTION OF THE REAR SETBACK.
AND HERE IS THE SUBJECT PROPERTY AND THIS SHOWS THE SPACE BETWEEN THE REAR OF THE BUILDING AND THE PROPERTY LINE AND THE SURROUNDING AREA.
STAFF RECOMMENDS APPROVAL IN BO O A 21 1 0 3 0 0 8 4 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE SHAPE OF THE LOT IS IRREGULAR AND LOCATED ON A CORNER.
TWO, RELOCATING THE PARKING WILL MAKE FOR MORE CONVENIENT INGRESS EGRESS.
AND THREE, THE BUILDING SETBACK WILL BE NINE FEET, SIX INCHES AWAY FROM THE REAR PROPERTY LINE.
AND TWO, THE REDUCTION OF THE REAR SETBACK DOES NOT APPEAR TO CAUSE ANY ADVERSE EFFECTS.
STAFF MAILED 21 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET.
ONE WAS RETURNED IN FAVOR, ONE WAS RETURNED IN OPPOSITION AND THERE WAS NO, UH, REGISTERED NEIGHBORHOOD ASSOCIATION TO BE NOTIFIED.
SO THAT CONCLUDES STAFF PRESENTATION.
COME FORWARD PLEASE AND STATE YOUR NAME AND ADDRESS FOR THE RECORD.
MY NAME'S SHARON TOLEDO FOR 2011 PROGRAM STREET AND I AM FAMILY MEMBER OF YOLANDA RODRIGUEZ.
UH, JUST FOR THE LANGUAGE BARRIER, SHE FEELS THAT SINCE I KNOW THE FAMILY AND I KNOW THE NEIGHBORHOOD, SHE'D FEEL MORE CONFIDENT FOR ME TO PRESENT IT VERSUS A TRANSLATOR.
UM, SO BASICALLY WE ARE HERE, UM, PETITIONING FOR HER TO MOVE FORWARD WITH HER CONSTRUCTION.
AND, UH, AS FAR AS THE SETBACK IN THE BACK, WE DID TALK TO THE NEIGHBORS, UH, THAT WOULD BE AFFECTED BY IT.
AND I TYPED UP THESE, UM, LETTERS, UM, ASKING IF THEY WERE OKAY WITH THE CONSTRUCTION AND WE LET THEM KNOW THE VARIANCE WE WERE SEEKING AND THEY SIGNED OFF ON IT.
UM, THEY'RE ACTUALLY PRETTY HAPPY THAT SHE'S GONNA BE DOING THIS BECAUSE THEY'RE LOOKING FORWARD TO ACTUALLY BEING CUSTOMERS OF HER.
UM, AS FAR AS THE PARKING, UM, AS WELL.
OH, AND JUST TO ADD THE ONE THAT IS IN OPPOSITION THAT SENT IT IN, WE ENDED UP SPEAKING WITH HER AS WELL AND SHE LET US KNOW THAT THE REASON SHE WAS IN OPPOSITION WAS BECAUSE SHE WAS JUST WORRIED OF THE TRAFFIC THAT IT WAS
[01:00:01]
GONNA BE CAUSING.AND I TOLD HER, WELL, THERE'S BUSINESSES ON PROBAND STREET ALREADY, SO IT'S ALREADY A TRAFFIC PROBLEM.
SO WHAT I, WHAT WE BRING TO THE TABLE IS BECAUSE OF THIS CONSTRUCTION, THERE WILL BE, UH, A FIRE LANE AND THERE'LL BE A BIKE BIKE ROUTE.
SO IT'S GONNA HELP OUT, YOU KNOW, IN THE COMMUNITY.
UM, AS FAR AS TRAFFIC, IT'S JUST INEVITABLE, YOU KNOW, BUSINESSES, IT'S A COMMERCIAL, UM, ZONE THERE.
UM, AND THEN AS FAR AS THE, THE PARKING WE ARE SEEKING, UM, LIKE THEY HAD STATED, UM, AND DEVELOPMENT, THAT IT'S EASIER ACCESS.
SO IT DOESN'T SHOW IT ON THERE, BUT IF YOU LOOK AT THE PICTURE AS YOU'RE APPROACHING THE BUSINESS, THERE'S A CURVE AND I ACTUALLY TOOK A VIDEO BUT I DIDN'T TURN IT IN.
UM, I HAVE IT ON THE U S B, BUT THE TRAFFIC IS PRETTY BAD AND WHERE YOU'RE COMING UP AND IT'S KIND OF HARD.
I KNOW IF I'M DRIVING AND I'M LOOKING FOR A BUS, LIKE THE BUSINESS TO GO AND IT'S NOT GONNA GIVE ME AMPLE TIME TO ACTUALLY PULL IN IF THERE'S A BUILDING, IT'S GONNA, YOU KNOW, CAUSE ME TO THINK, OH, YOU KNOW, I DON'T KNOW WHERE IT'S AT.
THERE'S TOO MANY CARS BEHIND ME.
SO I THINK THAT IT'S PREFERABLY, UH, WE'RE ASKING IT PREFERABLY FOR IT TO PASS AND WHERE CARS WILL HAVE EASY ACCESS TO COME INTO THE, THE THE BUSINESS, UM, VERSUS THE BACK.
IF I KNOW I WOULD, LIKE I SAID, YOU KNOW, I WOULD BE THROWN OFF GUARD LIKE, OH, WHERE AM I GOING? WHERE, WHERE'S THIS, YOU KNOW, SALON AT, I WANNA COME IN AND IT'S JUST GONNA CAUSE ME TO, TO CIRCULAR AROUND.
UM, SO IT'S, I THINK IT WOULD BE BENEFICIAL FOR THE BUSINESS ITSELF TO BE GRANTED THAT AND THAT'S WHAT WE'RE SEEKING.
SO THAT'S PRETTY MUCH IT ON THE TWO VARIANCES.
UH, I'M GONNA ASK STAFF IF THERE'S ANY PUBLIC COMMENTARY TO READ IN, BUT THEN WE WILL HAVE YOU COME UP TO ANSWER ANY QUESTIONS.
STAFF, IS THERE ANYBODY SIGNED UP TO SPEAK? NO ONE SIGNED IN TO SPEAK ON THIS CASE.
SO, UH, WE'LL OPEN THE FLOOR UP TO QUESTIONS FROM COMMISSIONERS.
UH, IS THERE ANY QUESTIONS? COMMISSIONER BREGMAN? SO DID I, DID I HEAR YOU SAY THAT THIS IS GONNA BE A BEAUTY SALON? YES.
AND THESE ARE APPOINTMENT ONLY OR WALK-IN OR? YES.
WELL, I MEAN, SHE LIVES NEXT DOOR.
UM, SHE'S HERE PRESENT, SO SHE'S ALREADY CUTTING HAIR, UM, JUST FOR FAMILY MEMBERS.
SO SHE THOUGHT, HEY, YOU KNOW, I HAVE THIS PROPERTY, WHY NOT OPEN IT UP? UM, SO IT'S NOT LIKE GONNA BE BIG OR ANYTHING.
IT'S JUST CONVENIENT FOR THEM TO ACTUALLY HAVE A SPACE TO PROVIDE THESE SERVICES.
AND WHAT SORT OF BUSINESS HOURS? UM, HER BUSINESS HOURS ARE GONNA BE STANDARD.
MONDAY THROUGH MONDAY THROUGH SATURDAY.
SO I NOTICED THE CONSTRUCTION IS, IS PARTIALLY COMPLETED.
I ASSUME THAT, UH, THE COMMENCEMENT OF CONSTRUCTION WILL BE ALL BUILDING PERMITS, FIRE CODE, ALL OTHER YES.
CITY PERMITS AND SUCH WILL BE PULLED FOR THE PROJECT.
WHAT THE REASON IT'S ALREADY, UH, STARTED WAS BECAUSE THAT'S ANOTHER, UM, ISSUE.
SHE HAD ALREADY, UH, CONTRACTED A PERSON THAT CAME TO PULL PERMITS THAT CAME TO GET EVERYTHING DONE AND THEN CITI CAME OUT AND SHE THOUGHT THEY JUST CAME OUT TO SEE, YOU KNOW, THAT EVERYTHING WAS UP TO CODE AND IT TURNS OUT THAT NOTHING WAS PULLED.
SO WE TRIED TO CONTACT THE PERSON.
SHE TRIED AND HE RAN OFF WITH EVERYTHING.
SO THAT'S WHEN SHE'S LIKE, OH MY GOD, LIKE ONE I SPENT MONEY WITH THIS GUY, TWO HAD ALREADY STARTED.
I NEVER KNOW THIS WAS HAPPENING, YOU KNOW, AND THAT'S WHY I WAS MORE PASSIONATE TO COME BECAUSE IT'S LIKE, YOU KNOW, LIKE JUST ALL AROUND IT WAS, IT WAS WRONG.
FOR THE RECORD, DO WE KNOW THE NAME OF THE CONTRACTOR? UM, I DON'T UZMAN.
ANY ADDITIONAL QUESTIONS? COMMISSIONER MINCHA, MICKA, IT'S A QUESTION FOR STAFF.
IN TERMS OF THE FRONT PARKING, THIS D S D TRAFFIC ENGINEERING, WHAT INPUT DID THEY HAVE ON THIS? OR IS IT NORMAL JUST FOR A BUSINESS LIKE THIS TO ALLOW THIS? SO THE REASON WHY, EXCUSE ME, IT'S COMING TO YOU AS A, AS A VARIANCE IS BECAUSE THE DISTRICT ITSELF, UH, REQUIRES PARKING TO BE IN THE REAR.
UH, BUT ALL OF THE REST OF THE COMMERCIAL DISTRICTS ALLOW FOR PARKING IN THE FRONT.
UH, SO THAT'S, THAT'S THE REASON FOR THE VARIANCE IS JUST BECAUSE OF THE DESIGN STANDARDS FOR THE, UH, COMMERCIAL DISTRICT.
ANY OTHER QUESTION? COMMISSIONER? MANNA? SO, SO YOU SAID THAT YOU HAD AN OPPORTUNITY TO TALK TO NEIGHBORS.
WAS IT THE NEIGHBORS ON BOTH? BOTH SIDES.
SO ONE ON ULCA AND PROBAND? YEAH, THERE'S ONLY TWO RIGHT.
ONE OFF CCA AND THEN THE ONE ON PROBAT AND THEN ACTUALLY ACROSS THE OTHER WAY.
SO, AND THEN LOOKING ON GOOGLE MAP, IT SHOWS THAT THE BUILDING ACTUALLY STARTED BEFORE OCTOBER 20TH, 2018.
[01:05:01]
MM-HMM.SO IT, SO IT'S KIND OF BEEN A LONG ONGOING EFFORT.
SO, SO EVERYONE YEAH, BECAUSE OF THIS VARIANCE.
AND THEN IT GOT PUSHED BACK 'CAUSE OF PANDEMIC.
AND THEN JUST TO REITERATE, I HAVE THE LETTERS THAT, THAT THEY SIGNED, SO YEAH, SO YOU MIGHT WANNA YES, THANK YOU.
STAFF WILL CHECK THAT ONTO OUR SCREENS.
UH, ANY OTHER QUESTIONS? OKAY, WELL I HAVE A QUESTION.
UM, IT LOOKS FROM THE SIDE PLAN, I KNOW THAT YOU HAVE SOME CONSTRAINTS, BUT IF YOU WERE TO PUT THE BUILDING 30 FEET AWAY AND MOVE THE PARKING TO THE REAR, IT APPEARS YOUR BUILDING WOULD BE A CLEAR VISION PROBLEM FROM PROBAND AND, AND DECA STREET.
I, I DON'T DID DID YOU EVER ENTERTAIN PUTTING THE BUILDING ANYWHERE OTHER THAN THE LOCATION THAT YOU HAVE? YOU'RE DESIRING IT TODAY? I MEAN JUST BECAUSE THE BUSINESSES AROUND ARE ALL SET UP THAT WAY, WE PRESUME.
SO WHEN WE CAME TO THAT BUILDER AND THE ARCHITECT, HE SAID THAT IT WOULD PASS WITH THE VISION AND EVERYTHING, SO THAT'S WHEN IT STARTED.
SO RIGHT NOW, LIKE WHAT'S UP, YOU KNOW, IN PETITION IS BECAUSE THERE'S ALREADY A STRUCTURE THERE, SO IT'S HAVING TO JUST YEAH, I WAS JUST CURIOUS ABOUT HOW YOU WOULD, IT'S JUST GONNA BE AN EXPENSE ALL AROUND LIKE THE PLANS AGAIN, THE, YOU KNOW, TEARING THAT DOWN.
UM, IT'S JUST GONNA BE ALL AROUND EXPENSE.
NO, THAT'S, I I WAS JUST CURIOUS IF THAT, THAT EXERCISE WAS UNDERGONE.
MM-HMM BECAUSE IT JUST, ONCE YOU HAVE A 25 FOOT LANE, 18 FOOT PARKING SPACE, YOUR BUILDING'S PRACTICALLY ON PROBAND STREET.
ALRIGHT, UH, IF THERE'S NO MORE QUESTIONS, ALL RIGHT.
UH, THANK YOU VERY MUCH, UH, STAFF IF YOU COULD, UH, UM, ARE YOU DONE SHOWING ALL THE DOCUMENTS ON THE SCREEN? YOU ARE.
AND I'D LIKE TO ASK FOR A MOTION PLEASE.
O ZUNA COMMISSIONER ZUNA REGARDING CASE NUMBER B O A DASH 21 DASH 0 3 0 0 84 I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT TO REQUEST FOR JUAN A VARIANCE FROM THE NC PARKING REQUIREMENTS TO ALLOW PARKING TO BE LOCATED IN FRONT OF THE STRUCTURE.
AND TWO, A 20 FOOT SIX INCH VARIANCE FROM THE MINIMUM 30 FOOT REAR SETBACK TO ALLOW A REAR SETBACK OF NINE FEET, SIX INCHES SITUATED AT 21 1 PROBAND AVENUE.
APPLICANT BEING YOLANDA RODRIGUEZ BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE, THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC.
THE APPLICANT IS REQUESTING VARIANCES TO LOCATE THE PARKING IN FRONT OF THE STRUCTURE AND REDUCE THE REAR SETBACK.
UH, THE STAFF DOES NOT FIND THESE REQUESTS TO BE CONTRARY TO THE PUBLIC INTEREST.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT ANY SPECIAL CONDITION THAT IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP.
THE SHAPE OF THE LOT AND ITS LOCATION ON THE CORNER INTRODUCES SPECIAL CONDITIONS OF THE SUBJECT PROPERTY.
A LITERAL ENFORCEMENT WOULD RESULT IN THE BUILDING HAVING TO BE PUSHED TOWARD THE CORNER OF THE LOT AND PARK IN THE REAR, WHICH RESULT IN AN UNNECESSARY HARDSHIP IN REGARDS TO OFF STREET PARKING.
THREE, BY GRANTING THE VARIANCE OF 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.
REDUCING THE REAR SETBACK TO NINE FEET SIX INCHES DOES NOT APPEAR TO CREATE ANY ADVERSE EFFECTS AND WILL MAINTAIN THE SPIRIT OF THE ORDINANCE FOR THE VARIANCE WILL NOT AUTHORIZE THIS, THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT, WHICH THE PROPERTY WHICH THE VARIANCE IS SOUGHT, IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
BY SUCH VARIANCE, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OF WHICH THE PROPERTY IS LOCATED.
THE VARIANCES REQUESTED DO NOT APPEAR TO INJURE ADJACENT PROPERTIES OR THE ESSENTIAL CHARACTER OF THE DISTRICT.
THERE ARE OTHER COMMERCIAL PROPERTIES ACROSS PROBAND WITH PARKING LOCATED IN THE REAR.
SIX, APPLIED TO THE OWNER OF THE PROPERTY.
FOR ITS A VARIANCE OF ASSAULT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND THE UNIQUE CIRCUMSTANCES WERE NOT GRANTED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO OTHER, THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS IT'S THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW.
IT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE ODD SHAPE OF THE LOT AND THE LOCATION ON THE CORNER AND A MOTION.
SECOND, I HAVE A MOTION BY COMMISSIONER ZUNA, A SECOND BY COMMISSIONER THIEL.
UH, COMMISSIONER ZUNA, PLEASE LEAD THE DISCUSSION.
SO I AM IN SUPPORT OF VARIANCE.
UH, UH, WE SAW, UH, NO OP, A LITTLE TO NO OPPOSITION.
THE PROPERTY THAT'S MOST AFFECTED BY THE, UH, REAR SETBACK, UH, HAS CONCURRED WITH THE, UH, APPLICANT ON THE LOCATION OF THE BUILDING.
I THINK IT PROVIDES FOR A MORE, UM, EFFICIENT USE OF THE PROPERTY.
IT'S A SAFER, UH, LAYOUT, UH, IN REGARDS TO PARKING, UH, VERSUS TO HAVE IT IN THE REAR OF THE PARKING AND THE, UH, OPERATION WOULD PROVIDE A, A VALUABLE ASSET TO THE COMMUNITY, UH, WITH THE, UH, USE AS A BEAUTY PARLOR.
YES, I'M IN AGREEMENT WITH MY COLLEAGUE.
UH, IT'S AN ODD SHAPED LOT AND WITH THE SETBACK REQUIREMENTS, UH, IT MAKES IT DIFFICULT TO, TO MEET THOSE REQUIREMENTS.
SO I THINK THE VARIANCE IS NECESSARY.
I ALSO THINK WITH THE FIRE LANE, UH, RELATIVE TO THE PARKING, WE'VE, UH, CREATED A, A NON-SAFETY ISSUE, I GUESS, AT, AT, AT THIS TIME.
[01:10:01]
IN SUPPORT THE, ANY OTHER COMMISSIONERS I'D LIKE TO ADD, UH, HEARING NONE, UM, STAFF LEE SEKO ROCO VOTE.I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT, MS. INGLES.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
UH, IF YOU COULD PLEASE GET WITH STAFF, THEY'LL TALK TO YOU ABOUT YOUR NEXT, UH, STEPS.
I JUST WANNA SAY LASTLY, THANK YOU SO MUCH AND GOD BLESS YOU.
[3. 21-5355 BOA-21-10300094]
UH, NEXT ITEM, ITEM NUMBER THREE.NEXT UP IS GONNA BE BO O A CASE NUMBER 21 1 0 3 0 0 0 9 4.
ADDRESS IS 6 47 BLAKELY DRIVE AND RESIDES IN COUNCIL DISTRICT NUMBER TWO.
REQUEST FOR A VARIANCE OF A FIVE FOOT, FIVE INCH VARIANCE TO A MINIMUM ARREAR SETBACK TO ALLOW A STRUCTURE TO BE LOCATED.
SEVEN FEET, SEVEN INCHES FROM THE REAR PROPERTY LINE.
UH, ZONING IS GONNA BE, UH, RESIDENTIAL SINGLE FAMILY CASE SUMMARY.
UH, SUBJECT PROPERTY IS LOCATED ALONG BLAKELY DRIVE NEAR DERMAN ROAD, UH, CURRENTLY AS A SINGLE FAMILY HOME.
EXISTING STRUCTURE CURRENTLY MEASURES AT SEVEN SEVEN INCHES FROM THE REAR PROPERTY LINE.
UH, THE ALLEY IS, THERE IS AN ALLEY LOCATED TO THE REAR OF THE HOUSE.
UH, THE STRUCTURE HAS ALREADY BEEN CONSTRUCTED.
IT'S BEEN THERE FOR MANY OF YEARS.
UM, ACCORDING TO, UH, CODE, THE, SHE CAN USE UP TO HALF OF THE ALLEY AS PART OF THE SETBACK.
IT'S A SITE PLAN WITH THE STRUCTURE ALLEY LOCATED TO THE REAR FRONT, UH, PICTURE OF THE STRUCTURE.
THAT IS GOING TO BE THE SIDE OF THE STRUCTURE WITH THE ALLEY TO THE RIGHT SIDE OF THAT FENCE.
THERE'S A PICTURE OF THE ALLEY AND THE FENCE.
SO YOU CAN, THERE'S THE WIDTH OF THE ALLEY, 14 FOOT.
THAT IS THE, UH, MEASUREMENT FROM THE BACK OF THE PROPERTY LINE TO THE ACTUAL EXISTING STRUCTURE SURROUNDING AREAS SURROUNDING AREA THAT'S LOOKING DOWN THE STREET.
UH, IN CASE BO O A 2 1 1 0 3 0 0 9 4 STAFF IS RECOMMENDING APPROVAL ON THE FOLLOWING FACTS.
ONE, THE RESIDENTIAL STRUCTURE WAS ALREADY EXISTING SEVEN FOOT SEVEN INCHES AWAY FROM THE REAR PROPERTY LINE.
TWO, THE STRUCTURE HAS AN ADDITIONAL SEVEN FEET OF ALLEY, WHICH CAN BE INCLUDED TOWARDS THAT REAR SETBACK.
BY GRANTING THE GRANTING OF A FIVE FOOT, FIVE INCH VARIANCE WILL NOT ADVERSELY AFFECT US SURROUNDING PROPERTIES OF NEIGHBORING LOTS.
THERE WERE ZERO IN FAVOR, ZERO IN OPPOSITION.
AND THERE WAS ONE RESPONSE THAT WAS NEITHER IN FAVOR, NOR IN OPPOSITION.
UH, IF THERE'S NO QUESTIONS FOR STAFF, UH, WE ACTUALLY HAVE MRS. CHOICE'S HUSBAND HERE TO SPEAK ON HER BEHALF.
MR. CHOICE, IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
I'M SPEAKING FOR MYSELF AND MY WIFE, DOROTHY CHOICE.
WE LIVE AT 4 4 0 3 HORIZON VIEW CIRCLE IN SUGARLAND, TEXAS.
THANK YOU FOR ENTERTAINING US THIS AFTERNOON.
UM, AS STATED, MY WIFE AND I BOUGHT THIS PROPERTY IN, UH, MAY OF THIS YEAR TO REHAB AND, UH, SUBSEQUENTLY SELL.
UH, DURING THE PROCESS OF THIS, WE WERE INTERVIEWING GENERAL CONTRACTORS, ONE OF WHICH POINTED OUT THAT WE MIGHT HAVE AN ENCROACHMENT ON THE BACK OF THE HOUSE TO THE PROPERTY LINE.
UM, I SINCE GOT MY GC LICENSE AND WE DID IT OURSELF, BUT ONE THING WHERE STICKLERS ON IS DOING EVERYTHING BY THE BOOKS.
THIS PROBABLY COULD HAVE FLOWN UNDER THE RADAR.
WE DIDN'T KNOW IT WHEN WE BOUGHT IT, AND IT WAS SOLD AS SUCH.
THIS HOUSE WAS BUILT IN 1951, AND IT'S BEEN THIS WAY EVER SINCE.
UM, I WOULD ALSO LIKE TO POINT OUT THE BACK OF THE HOUSE IS ALL SOLID SIDING AND IT'S GOT THE SIX FOOT PRIVACY FENCE, SO THERE'S
[01:15:02]
NO VISIBLE INTRUSION UPON THE NEIGHBOR ON THE OTHER SIDE OF THE ALLEY.BUT, UM, LIKE I SAID, WE TRY AND DO EVERYTHING BY, BY THE BOOK.
WE HAVE OUR FINAL INSPECTION ON WEDNESDAY AND HOPE TO WRAP ALL THIS UP, BUT NOT TRY AND FLY UNDER THE RADAR THAT'S, WE PUT IN APPLICATION FOR THE VARIANCE, JUST SO THE FUTURE HOMEOWNER, WHOEVER WE SELL THE HOUSE TO, WON'T HAVE THIS PROBLEM STARING THEM IN THE FACE.
SO THAT'S ALL I HAVE, AND THANK Y'ALL FOR ENTERTAINING THIS THIS AFTERNOON.
UM, WE'RE GONNA OPEN THIS UP TO QUESTIONS.
THERE WAS NOBODY SIGNED UP TO SPEAK.
ARE THERE ANY QUESTIONS? YES, I HAVE A QUESTION.
IF YOU CAN, UH, I'M KAPLAN UM, YOU SAY THE HOUSE WAS BUILT IN 19 40, 51, 19 51, 1.
SO WAS THAT PRIOR? IT'S OBVIOUSLY PRIOR TO THIS EXISTING ZONING CODE, IS IT NOT GRANDFATHERED IN AND, AND THIS MIGHT BE SOMETHING FOR STAFF.
WOULD, WOULD THIS BE SOMETHING THAT WOULD BE A GRANDFATHERED, UH, UH, EXCEPTION THERE? WELL, IT'S BECAUSE IT'S BEING, UM, REMODELED AND THAT'S THE REASON, UH, FOR THE VARIANCE.
IS IT, WELL, I ASSUME IT'S MORE THAN 50%, UM, BEING REMODELED.
IF, IF YOU WANNA GO BACK TO HIS PICTURES, YOU CAN SEE RIGHT THERE THAT USED TO BE THE GARAGE, WHICH WAS ENCLOSED AND CONVERTED INTO A MASTER, BUT NOTHING WAS DONE TO THE PHYSICAL FOOTPRINT OF THE HOUSE ITSELF.
BUT YEAH, SOMEBODY HAD GONE IN AND STOLEN ALL THE ELECTRIC, GUTTED THE PANEL BOX, AND WE CHANGED A LOT OF THE INSIDE OF THE HOUSE ALSO.
UH, ARE THERE ANY OTHER QUESTIONS? UH, HEARING NONE, I, I ACTUALLY HAD THAT SAME QUESTION.
UM, I JUST WANTED TO MAKE SURE THE B C A SHOWS A 2021 VALUE OF 1 51 2 60 FOR THE, FOR THE ACTUAL IMPROVEMENT.
SO THAT WOULD GIVE THEM 75 AND 5,000, UH, OR LESS TO SPEND BEFORE THIS GETS TRIGGERED.
IS THAT CORRECT? IF THAT'S THE VALUATION THAT THEY USE, UH, YES.
UH, I'M GONNA OPEN THIS UP FOR A MOTION, PLEASE.
MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 1 1 0 3 0 0 0 9 4.
I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A FIVE FOOT FIVE INCH VARIANCE WITH SEVEN FOOT CREDIT FOR THE ALLEY, UH, FROM THE MINIMUM REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE LOCATED SEVEN FOOT SEVEN INCHES FROM THE PROPERTY LINE SITUATED AT 6 4 7 BLAKELY DRIVE, APPLICANT BEING DOROTHY CHOICE.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE BUS OF THE PUBLIC.
THE REQUEST TO ALLOW AN EXISTING STRUCTURE INTO THE REAR SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST.
AS THE APPLICANT HAS ADEQUATE SPACE FOR THE ADJUSTED, UH, THE ADJACENT STRUCTURE DUE TO SPECIAL, UH, TWO DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP.
BY IMPOSING A LITERAL ENFORCEMENT, THE HOUSE WOULD NEED TO BE REMODELED TO REMOVE FIVE FEET, FIVE INCHES FROM THE REAR OF THE HOUSE, WHICH WOULD REDUCE THE AMOUNT OF LIVABLE SPACE.
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 LITTER OF THE LAW.
THE INTENT OF THE SETBACKS IS TO PROVIDE SPACING BETWEEN NEIGHBORING STRUCTURES, WHICH IS OBSERVED FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH A PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
THIS VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
SUCH VARIANCES 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 REAR SETBACK.
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 AN OLDER NEIGHBORHOOD, AND THERE ARE OTHER NON-CONFORMING AND EXISTING STRUCTURES ENCROACHING INTO THE REAR SETBACKS THE PLIGHT, UH, SIX.
THE PLIGHT OF THE OWNER OF THIS PROPERTY FOR WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY 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 UNI UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO THE LAYOUT OF THE
[01:20:01]
STRUCTURE IN REGARDS TO REAR SETBACK.UH, WE HAVE A SECOND BY COMMISSIONER CRUZ.
UM, COMMISSIONER MANNA, PLEASE LEAD THE DISCUSSION.
YES, I'LL BE SUPPORTING THIS MOTION AS READ.
ONE IS THAT, YOU KNOW, THIS, UH, THE EXISTING STRUCTURE SHOWS THAT IT'S BEEN THIS WAY FOR QUITE SOME TIME.
I COMMEND, UH, THE, THE OWNER HERE FOR COMING IN AND, UH, WANTING TO SET THINGS STRAIGHT, UH, 'CAUSE THAT'S ALWAYS BENEFICIAL FOR ANY FUTURE OWNERS.
AND SO, UH, SO FOR THOSE REASONS, I'LL BE APPROVING AS READ.
UH, YES, I CONCUR WITH MR. MANNA AND I THINK THIS WOULD BE, UH, A GREAT THING.
AND I'M HAPPY THAT THEY GOT IT DONE BEFORE ANYTHING ELSE HAPPENS.
UH, ANY OTHER, UH, COMMISSIONERS LIKE TO ADD, UH, HEARING NONE? UH, STAFF, PLEASE TAKE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
MOTION PASSES 11 TO ZERO, SIR, IF YOU COULD GET WITH STAFF, THEY'LL TALK TO YOU ABOUT, UH, YOUR NEXT STEPS CHAIR.
BEFORE WE GET, GO ANY FURTHER, I'M HAVING TECHNICAL DIFFICULTIES WITH MY SCREEN AND MY PDFS ARE BLANK.
UM, SO, UH, FOR THE REST OF THE COMMISSIONERS, IF YOUR MOTIONS ARE COMING UP BLANK, UH, THE FILE IS ON YOUR DESKTOP, YOU COULD DOUBLE CLICK ON IT AND IT'LL KICK IT BACK INTO GEAR.
[4. 21-5356 BOA-21-10300097]
ALL RIGHT, NEXT ITEM ON THE AGENDA.UH, AGENDA ITEM NUMBER FOUR, BO O A CASE NUMBER 21 DASH 1 0 3 0 9 7.
ADDRESS IS 11 5 1 1 CLIFTON FORGE DRIVE CITY COUNCIL DISTRICT NUMBER EIGHT.
APPLICANT IS EMANUEL AR DELIAN.
I APOLOGIZE IF I'M CHOPPING THAT UP.
UH, THE REQUEST IS FOR ONE A THREE FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A STRUCTURE TO BE TWO FEET, TWO INCHES FROM THE SIDE PROPERTY LINE.
AND TWO, A ONE FOOT EIGHT INCH VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK TO ALLOW A STRUCTURE TO BE THREE FEET, FOUR INCHES FROM THE SIDE PROPERTY LINE.
CURRENT ZONING IS RESIDENTIAL SINGLE FAMILY.
SO JUST TO CLARIFY, WE HAVE ONE STRUCTURE ON THE RIGHT SIDE OF THE PROPERTY AND ANOTHER STRUCTURE ON THE LEFT SIDE OF THE PROPERTY.
UH, SUBJECT PROPERTY IS LOCATED ALONG CLIFTON FORGE DRIVE NEAR SHE SHEEL AND CURRENTLY HAS A SINGLE FAMILY HOME CONSTRUCTED ON THE PROPERTY.
EXISTING CARPORT MEASURES 11 FEET, 11 INCHES IN WIDTH, AND 20 FOOT 21 FEET IN LENGTH.
CARPORT IS ONE FOOT 10 INCHES AWAY FROM THE POST TO THE FENCE WITH NO OVERHANG AND NO EXISTING GUTTERS UPON SITE VISIT STAFF ALSO NOTICE ANOTHER CARPORT TO THE LEFT OF THE EXISTING STRUCTURE.
THREE FEET, FOUR INCHES FROM THE POST TO THE NEIGHBORING PROPERTY WITH NO OVERHANG AND NO GUTTERS.
THAT'S A COPY OF THE SITE PLAN.
IT'S THE FRONT OF THE STRUCTURE OR THE EXISTING RESIDENCE.
THAT IS GOING TO BE THE CARPORT ON THE RIGHT PORTION OF THE PROPERTY.
UH, PICTURE OF THE CARPORT AS OPPOSED TO THE PROPERTY LINE ON THE RIGHT SIDE OF THE HOUSE.
UH, ANOTHER PICTURE OF THE SIDE PROPERTY LINE.
THERE'S A MEASUREMENT OF THE POST TO THE PROPERTY LINE, ONE FOOT TWO INCHES, UM, SHOWING THAT THERE'S NO RAIN GUTTERS ATTACHED TO THE CURRENT STRUCTURE.
THERE'S THE, UH, ROOF OF THE STRUCTURE, SAME SIDE ON THE RIGHT SIDE.
UM, THIS STRUCTURE IS ACTUALLY DETACHED FROM THE HOUSE.
THIS IS A STRUCTURE ON THE LEFT SIDE OF THE PROPERTY.
IT'S ALSO DETACHED FROM THE EXISTING STRUCTURE, UH, STRUCTURE FROM THE PROPERTY LINE TO THE LEFT OF THE PROPERTY LINE, MEASURING
[01:25:01]
THREE FOOT FOUR INCHES FROM THE SIDE PROPERTY LINE.THESE ARE SIMILAR STRUCTURES IN THE AREA.
UH, THERE WERE NUMEROUS STRUCTURES, UH, SIMILAR IN, UH, SHAPE AND SIZE TO THE EXISTING STRUCTURE THAT WAS BUILT, UH, SURROUNDING AREA.
STAFF RECOMMENDS DENIAL FOR THE STRUCTURE BUILT ON THE NORTHWESTERN PORTION OF THE PROPERTY WITH AN ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE TO ALLOW A DETACHED CARPORT TO BE THREE FEET FROM THE NORTHWESTERN PROPERTY LINE.
AND BO O A 21 DASH 1 0 3 0 0 0 9 7 BASED ON THE FOLLOWING FACTS, ONE, A DETACHED CARPORT IS CURRENTLY ONE FOOT TWO INCHES AWAY FROM THE NORTHWESTERN PROPERTY LINE.
THE DETACHED CARPORT IS ENCROACHING WITHIN THREE FEET OF THE SIDE SETBACK, WHICH REQUIRES FIRE RATING WITH NO OPENINGS AND NO OVER OPENINGS AND NO OVERHANG OF THE ROOF.
THREE RAIN GUTTERS SHALL BE INSTALLED TO PREVENT WATER RUNOFF ONTO THE NEIGHBORING PROPERTY.
AND FOUR, THERE ARE OTHER CARPORTS IN THE AREA WITH SIMILAR SETBACKS.
SECONDLY, STAFF RECOMMENDS APPROVAL FOR THE STRUCTURE BUILT ON THE SOUTHEASTERN PORTION OF THE PROPERTY IN BO A 21 DASH 1 0 3 9 7 BASED ON THE FOLLOWING FACTS.
ONE, THE DETACHED CARPORT WILL BE THREE FEET, FOUR INCHES AWAY FROM THE SOUTHEASTERN PROPERTY LINE.
TWO, THE CARPORT DOES NOT ENCROACH WITHIN THREE FEET OF THE SIDE YARD.
THREE, THE CARPORT IS CONSTRUCTED OF, OF METAL MATERIAL, WHICH REDUCES THE RISK OF FIRE HAZARDS.
AND FOUR, THERE ARE OTHER CARPORTS IN THE AREA WITH SIMILAR SETBACKS.
THREE WERE IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE, UH, SHENANDOAH VANCE JACKSON NEIGHBORHOOD ASSOCIATION.
UH, IF YOU DON'T HAVE ANY QUESTIONS FOR STAFF, WELL, I, I JUST, I WOULD LIKE YOU TO CLARIFY, UH MM-HMM.
ONE ON EITHER SIDE OF THE HOME.
AND WHICH IS THE, WHICH SIDE OF THE HOME, UH, IS, WE HAVE A ONE AND A TWO ON THE, ON THE AGENDA ITEM FOUR.
WHICH ONE IS THE, WHICH ITEM? ONE OR TWO? IS THE ONE STAFF IS IN SUPPORT OF STAFF, IS IN SUPPORT OF THE SECOND ONE, THE ONE FOOT EIGHT VARIANCE, ONE FOOT EIGHT INCH VARIANCE? THAT'S CORRECT.
UM, I'D LIKE TO HAVE THE APPLICANT COME UP PLEASE.
UH, AND WHEN YOU GET HERE TO STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN BEGIN, UH, YOUR PRESENTATION.
EMMANUEL DELIAN AT 1 1 5 1 1 CLIFTON FOURTH STREET.
SO, UH, I HIRED A CONTRACTOR TO DO THOSE CARPORTS FOR ME.
UH, THEY SAID IF IT'S NOT ATTACHED TO THE HOUSE, YOU DON'T NEED A PERMIT
SO THAT'S, THAT'S WHAT, THAT'S HOW I AM MY EARS.
SO, SO AFTER THEY FINISHED IT, THEY TOOK THEIR MONEY.
THEY DON'T RESPOND, THEIR PHONE CALLS IN ANYMORE.
THEY DON'T, THEY DON'T CARE ABOUT ME.
BUT ANYWAY, SO WE GOT A VIOLATION IN THE MAIL ON THE RIGHT SIDE.
SO I DIDN'T KNOW THE OTHER ONE WAS NOT RIGHT EITHER, YOU KNOW, SO, SO, UH, UH, I WANT TO FIX THIS AS MUCH AS WE CAN, BUT THE REASON ON THE RIGHT SIDE, I HAVE A BOAT AND A VAN THERE.
IF WE MOVE EVERYTHING THIS WAY, THEN I'M NOT GONNA BE ABLE TO PARK MY BOAT THERE.
I'M NOT GONNA BE ABLE TO, YOU KNOW, IT'S, IT'S VERY, IT'S, IT'S A TIGHT SPACE ON THE, ON THE, ON THE, ON THE RIGHT SIDE OVER THERE.
THAT ONE WHERE THE BOAT IS, IS IN THE, ON THE, IN THE PICTURE THERE.
UH, I DIDN'T KNOW ABOUT THE RAIN GUTTERS AND ALL THAT STUFF.
WE CAN, WE CAN GET A CONTRACT THERE AND, YOU KNOW, MAKE IT UP TO CODE SO THE NEXT DOOR WON'T HAVE TO GO THROUGH WHAT I GO, LIKE I SAID, THE CONTRACTOR SAYS, YEAH, IF IT'S NOT ATTACHED, HE MADE SENSE TO ME, BUT I DIDN'T KNOW THE LOSS.
I WAS LIKE, THAT'S WHY BOTH OF THEM, THEY'RE NOT ATTACHED TO THE HOUSE.
SO HE CHARGED ME MORE FOR THAT TOO.
IS THERE ANYONE SIDE TO SPEAK OR ANY, UM, RECORDING? NO ONE'S SIGNED TO SPEAK ON THIS CASE.
WE DO HAVE A VOICEMAIL TO PLAY.
OH, GO AHEAD AND PLAY THE VOICEMAIL.
SO WE'RE GONNA HEAR A VOICEMAIL AND THEN WE'LL, UH, OPEN IT UP TO QUESTIONS FOR YOU.
HI, MY NAME IS DORA GARNER AND I'M WITH THE SHENANDOAH HOMEOWNERS ASSOCIATION ARCHITECTURAL COMMITTEE.
AND THIS IS IN REGARDS TO A PROPERTY ON 11 5 1 1 CLIFTON PORT DRIVE.
THE CASE NUMBER IS LAST THREE OR 0 9 7, AND THEY'RE ASKING FOR A VARIANCE.
R HOMEOWNER'S ASSOCIATION REQUIREMENTS OR STANDARDS ARE THAT
[01:30:01]
A SHED SHOULD BE PLACED, UH, UH, WITH A FIVE FEET OF SETBACK FOR THE PROPERTY LINE, INCLUDING SHED.AND THEY MAY NOT ENCROACH ON UTILITY EASEMENT, IMPEDE ACCESS TO UTILITY OR FIRST RESPONDERS, ET CETERA.
SO, UH, IT'S AGAINST OUR POLICY FOR THE HOMEOWNER ASSOCIATION.
BUT AGAIN, IF THAT'S SOMETHING THEY WANNA DO AND YOU WANNA GIVE THEM PERMISSION, I DON'T SEE HOW WE CAN, UM, DENY THEM.
BUT I, YOU KNOW, AGAIN, IT'S, IT'S ABOUT THE EASEMENT.
SO MY NUMBER IS TWO TEN TWO ONE EIGHT SEVEN THREE SEVEN EIGHT.
AND AGAIN, THIS IS DORA GARNER AND I'M ON THE ARCHITECTURAL COMMITTEE FOR SHENANDOAH HOMEOWNERS ASSOCIATION.
ALL RIGHT, MR. IAN, IF YOU CAN COME BACK UP SO WE HAVE ANY QUESTIONS FOR THE APPLICANT? OH, ZUNA, COMMISSIONER ZUNA.
SO WE, WE ONLY LOOK AT VARIANCES.
WE DON'T ENFORCE PRIVATE RESTRICTED COVENANTS.
AND YOU JUST HEARD OF THE TAPE.
I MEAN, CLEARLY THERE'S RESTRICTED COVENANTS WITHIN THE NEIGHBORHOOD.
SO EVEN IF WE WERE TO GRANT THE VARIANCE TODAY, THE NEIGHBORHOOD ASSOCIATION, ANY NEIGHBOR COULD, UH, BRING SUIT AGAINST YOU FOR BUILDING OVER.
AND ALSO THE EASEMENTS, BECAUSE THEY'RE PUBLIC RIGHT OF WAYS.
I MEAN, THEY'RE PUBLIC EASEMENTS FOR UTILITIES AND SUCH, AND WE DON'T CONTROL THAT.
BUT IF ANY OF THOSE EASEMENT HOLDERS NEED ACCESS UNDERGROUND, WHATEVER, I MEAN, THAT'S YOUR, THAT'S YOUR GARAGE.
JUST WANNA MAKE YOU AWARE OF THAT.
SO, SO IT, IT LOOKS LIKE THE STRUCTURE, UH, FACING THE HOUSE ON THE RIGHT.
SO NUMBER ONE TOPIC HERE THAT WE HAVE, UH, IS CURRENTLY HOUSING YOUR BOAT, UH, WHAT'S THE AXLE WIDTH ON YOUR BOAT THERE? UM, AXLE WIDTH.
SO, SO HOW WIDE IS YOUR BOAT? I THINK IT'S EIGHT, EIGHT AND A HALF OR SOMETHING.
YEAH, SO THAT'S, I HAD A SIMILAR BOAT TO THAT, SO, SO, YEAH, SO, OKAY, SO BECAUSE THAT WOULD FIT KIND OF IN A NINE FOOT STRUCTURE, IT'S, I'M NOT A PROFESSIONAL, SO I DON'T, I DON'T DRIVE THAT GOOD.
EVEN WHEN I GO OVER THERE WITH THE VENT, TRY TO PUT IT IN, SOMETIMES I GO DOWN AND PUSH IT TO MY, 'CAUSE IT'S, IT'S A TIGHT SPACE.
AND THAT TREE THERE, IT STAINS THE CONCRETE AND ALL THAT STUFF.
AND IT RUINS ALL THE, YOU KNOW, I TRY TO PROTECT THE BOAT AND STUFF TO, OKAY, THANK YOU.
THE REASON THAT, THAT WE BUILD IT.
CAN I ASK A QUESTION? OF COURSE YOU CAN.
COMMISSIONER KAPLAN, UM, WHAT IS THE EASEMENT THAT THEY'RE TALKING ABOUT? I DON'T KNOW.
YEAH, THIS IS THE FIRST, I DON'T, IT'S COMMON ELECTRICAL EASEMENTS.
IT'S COMMON TO HAVE THEM FIVE FOOT ON EITHER SIDE OF THE PROPERTY.
WELL, I DON'T, THIS IS THE FIRST TIME I, DID YOU HAVE A SURVEY OR DID YOU SUBMIT A SURVEY WITH THIS TO SHOW IF THERE'S AN EASEMENT OR NOT? OR WHAT KIND OF EASEMENT IT IS? I DON'T KNOW.
I KNOW I HAVE LIKE A CABLE BOX ON THE LEFT SIDE THERE, BUT THAT'S ALL I KNOW.
IT'S NOBODY, THE DOOR, YOU KNOW, YOU, YOU CAN OPEN IT, YOU KNOW, IF SOMEBODY COMES BY, IT'S ON, I THINK IT'S ON THE LEFT SIDE.
IS, IS YOUR ELECTRICAL SERVICE COMING FROM THE FRONT OF YOUR HOME OR THE REAR? THE FRONT.
SO YOU MIGHT HAVE AN EASEMENT THERE.
LIKE THE LINES ARE BURIED THOUGH.
IT ALL DEPENDS, YOU KNOW, A LONG TIME AGO THEY USED TO, YOU KNOW, MY PLAT DOESN'T HAVE AN EASEMENT, BUT I KNOW THERE'S LINES THERE.
UH, UH, COMMISSIONER KALAN, IF THERE'S ANYTHING ELSE? NO.
UH, ANY OTHER COMMISSIONERS? NO.
UM, I HAVE A, I HAVE A, UH, UM, A QUESTION.
HOW DEEP ARE THESE C COVERINGS? UH, THE ONE ON THE RIGHT, I THINK IT'S 13.
AND THE OTHER ONE, IT'S THE RV'S 28TH, I THINK 28TH OF THE RV IS 26.
AND THE REASON WHY I BRING THAT, BRING THIS UP IS THAT, UH, THERE'S GOING TO BE A TIME WHERE A COMMISSIONER'S GONNA MAKE A MOTION.
AND IT'S IMPORTANT THAT WE CLARIFY THE DEPTH OF, OF ANY SORT OF VARIANCE THAT IS BEING ENTER ENTERTAINED.
'CAUSE OTHERWISE YOU WOULD HAVE IT ACROSS THE WHOLE SIDE OF YOUR PROPERTY.
LIKE I SAID, WE CAN DO LIKE, EVEN LIKE THE GUTTERS IF NECESSARY, STUFF LIKE THAT.
SO FROM THE AERIAL VIEW, IT LOOKS LIKE THE SOUTH, UH, FACING THE HOME FROM THE STREET, THE RIGHT SIDE WOULD BE THE, THE NORTHWEST.
SO THAT IS, UM, NORTHWEST AND SOUTHEAST.
SO NORTHWEST STAFF, WHICH ONE IS THE ONE YOU WERE APPROVING? THE ONE ON THE RIGHT OR THE, OR THE ONE ON THE LEFT OF THE HOUSE.
SO THE ONE WITH THE CAR, THE BRAND.
SO THE SOUTHEAST ONE IS THE ONE STAFF IS, UH, RECOMMENDING APPROVAL? YES.
AND THE ONE WITH THE MOTOR HOME.
AND HOW, YOU SAID THAT WAS 28 FEET? 28 FEET, I THINK.
SO 30 WOULD BE 30 FEET WOULD BE A SAFE NUMBER? YES.
AND THEN ON THE ONE ON, UH, THE NORTHWEST SIDE, YOU HAD MENTIONED IT WAS 13 FEET DEEP.
SO 15 WOULD BE A SAFE NUMBER JUST TO BE SAFE AGAIN.
SO IF THERE'S, UH, IF THERE'S NO OTHER QUESTIONS, UH, WHAT I WOULD, I'M LOOKING FOR A MOTION FOR ITEM ONE AND TWO, AND I WANTED TO CLARIFY THAT
[01:35:01]
FOR ITEM NUMBER ONE, UH, STAFF WAS RECOMMENDING, UH, AN ALTERNATE WHERE IT WAS A TWO FOOT VARIANCE TO A THREE FOOT OFFSET.UM, AND IN THAT CASE, IT'S FOR A CARPORT THAT IS 15 FEET IN DEPTH.
UH, FOR ITEM NUMBER TWO, STAFF WAS RECOMMENDING APPROVAL, AND THAT WAS A CARPORT ON THE SOUTHEAST PORTION THAT IS 30 FEET IN DEPTH.
SO, AND, AND MR. CHAIR, CAN WE ALSO ASK THE APPLICANT TO, UH, TO INCLUDE GUTTERS AS PART OF HIS, UH, WELL, WE CAN'T ASK HIM TO, BUT IF YOU WOULD LIKE TO OH YEAH, FOR SURE.
I WAS, I WAS, I WASN'T PLANNED TO DO THAT.
BUT LIKE, WE HAD THIS, AND I JUST WANT TO MAKE SURE.
SO YOU, YOU WOULD HAVE TO STATE FOR THE RECORD AND FORMALLY AMEND YOUR APPLICATION TO INCLUDE GUTTERS? UH, NOT BECAUSE WE'RE TELLING YOU TO YEAH.
OR ASKING YOU TO, BUT ON YOUR OWN, UH, UH, ON YOUR, UH, JUST ON YOUR OWN, IF YOU COULD JUST MAKE THAT, THAT FORMAL STATEMENT THAT YOU'RE FORMALLY AMENDING YOUR APPLICATION TO INCLUDE THAT.
I'LL EXCLUDE GUTTERS ON THE BOTH OF THE CARPORTS.
SO WOULD ANYBODY LIKE TO MAKE A MOTION ON THIS? AND IF NO ONE FEELS COMFORTABLE, I I CAN DO IT.
MANNA, UH, COMMISSIONER MANNA.
UM, AND THEN, UM, AND THEN GO AHEAD AND READ TWO AND A, UH, ONE FOOT EIGHT INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A STRUCTURED TO BE THREE FOOT FOUR FROM THE, UM, SOUTHWEST SIDE, WITH THE NORTHWEST SIDE BEING 13 FOOT IN LENGTH, AND THE NORTHEAST SIDE BEING 30 FOOT IN LENGTH.
SITUATED AT 1 1 5, 1 1 CLIFTON FORGE DRIVE, APPLICANT BEING EMANUEL LAN.
UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE PUBLIC OR AS A 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 LITTLE 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 LITTLE ENFORCEMENT, THE CARPORT WIDTH WOULD NEED TO BE ADJUSTED, WHICH WOULD REDUCE THE AMOUNT OF SPACE FOR THE RECREATIONAL VEHICLES.
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 THE AUTHORIZED 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.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH A PROPERTY IS LOCATED.
THE REQUEST TO REDUCE A PORTION OF THE SIDE SETBACK 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 A NEIGHBORHOOD WITH MANY OTHER NON-CONFORMING CARPORTS ENCROACHING INTO THE SIDE SETBACKS.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
THE BOARD FINDS THAT THE PLY TO THE OWNER, THE PROPERTY OWNER IS, IS SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO THE SHORT WIDTH OF AVAILABLE SPACE FOR RECREATIONAL VEHICLES.
A MOTION BY COMMISSIONER MANNA, SECOND BY COMMISSIONER TEAL.
AND, UM, I WOULD JUST, I WOULD LIKE TO OFFER, ASK, UH, THE MAKER OF THE MOTION TO AMEND ITEM NUMBER ONE TO EXTEND TO 15 FEET AS OPPOSED TO 13.
SO WITH THAT, UH, COMMISSIONER MANNA, PLEASE LEAD THE, LEAD THE DISCUSSION.
SO, SO YEAH, SO, SO HAVING A BOAT, THAT'S WHY I WAS ASKING ABOUT THE BOAT WIDTH.
AND SO, SO I'VE LIVED WITH THAT SIZE BOAT BEFORE AND, AND SO I THINK A STRUCTURE LIKE THAT, WHILE CHALLENGING, UM, IT'S SOMETHING THAT WILL STILL PROVIDE THAT PROTECTION BY REDUCING THE SIZE OF THE, UM, UM, OF THAT CARPORT.
YOU KNOW, AND I'M HAPPY TO HEAR THAT YOU COMMITTED TO PUTTING THE GUTTERS ON, BECAUSE ONE OF THE MAIN THINGS THAT WE ALWAYS TALK ABOUT IS WATER GOING ON TO NEXTDOOR NEIGHBOR'S PROPERTIES.
AND SO I THINK BECAUSE OF THOSE DISCUSSIONS, UM, I'LL BE
[01:40:01]
APPROVING THIS AS READ COMMISSIONER THI YES, I'M IN AGREEMENT WITH, UH, MY COLLEAGUE MR. MANNA THERE.UH, I THINK THAT, UH, THE MOTION AS WRITTEN, UM, WITH STAFF'S RECOMMENDATION, I THINK IS, IS SUFFICIENT.
IS THERE ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? OH, ZUNA COMMISSIONER ZUNA.
SO I'M, I'M GONNA SUPPORT THE VARIANCES AS READ, BUT THIS, I, I STILL BELIEVE THERE'S, THERE'S, UH, A RECOURSE, UH, REDRESSED BY THE NEIGHBORS ASSOCIATION IN REGARDS TO RESTRICTED COVENANTS.
I MEAN THAT, BUT THAT'S A PRIVATE MATTER, BUT I'M SUPPORTING THE PUBLIC PIECE THAT WE CAN DO TO HELP SUPPORT IT.
SO COMMISSIONER KAPLAN, UH, I, I'M IN, I'M IN SUPPORT OF THE SOUTHEAST ONE, THE NORTHWEST ONE.
I JUST, UM, WOULD LIKE MORE CLARIFICATION ON THE EASEMENT BECAUSE YOU'VE BUILT ON, YOU'VE BUILT A, UM, CONCRETE SLAB AT LEAST IN THE BOTTOM, AND I'M WONDERING IF THAT IS EVEN ALLOWABLE, GIVEN DOCKING CONCRETE PAD WAS THERE WHEN WE PURCHASED THE HOUSE.
SO THAT WAS NOTHING THAT YOU DIDN'T PUT THAT NO.
UM, BUT STILL, SHOULD IT EVEN HAVE BEEN THERE, GIVEN THE FACT THAT WE DON'T KNOW WHAT KIND OF EASEMENT THAT IS.
THE EASTMAN WAS ON THE LEFT SIDE WITH THE RV SIDE.
WITHOUT, WITHOUT HAVING A RECORDED DOCUMENT.
UH, WE DON'T KNOW IF THERE IS ONE.
IT, IT IS ON OCCASION, THERE ARE A FIVE FOOT EASEMENT.
UH, BUT, BUT A LOT OF TIMES THERE IS NOT.
UH, SO THAT'S, IT'S ON, HAVE A SURVEY AND WE DON'T HAVE A SURVEY, SO THAT WOULD BE SOMETHING FOR, UM, THE EASEMENT HOLDER TO BE TO AWARE OF.
BUT HE DID MENTION THAT YOU HAVE UNDERGROUND SERVICE IN THIS AREA? YES.
SO THERE'S NO CONFLICT WITH ANY OVERHEAD LINES? NO.
AND WHERE'S YOUR, YOUR CABLE AND PHONE, EVERYTHING'S IN THE FRONT OR ARE THEY IN THE REAR? THEY'RE ON THE LEFT SIDE.
BUT EVERYTHING'S FROM THE FRONT.
SO THAT'S, UM, THAT'S SOMETHING YOU'LL HAVE TO TAKE INTO CONSIDERATION WHEN YOU DECIDE HOW YOU'RE GOING TO VOTE.
ARE THERE ANY OTHER COMMENTS, QUESTIONS? NOTHING ALL DOES.
STAFF PLEASE TAKE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
MS. BREGMAN, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MS. LIND, I CONCUR WITH THE FINDINGS OF FACT.
MS. KAPLAN, I CONCUR WITH THE SOUTHEAST.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
MR. OZUNA? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
MOTION PASSES, UM, 11 TO ZERO.
AND WE'RE GONNA GO AHEAD AND DO THE NEXT ONE SINCE IT SHOULDN'T TAKE TOO LONG.
AND THEN WE'LL TAKE A BREAK AFTER THAT.
SO IF YOU COULD GO, SIR, IF YOU GET WITH STAFF, THEY'LL, THEY'LL TALK ABOUT YOUR NEXT STEPS.
[5. 21-5357 BOA-21-10300098]
AGENDA ITEM NUMBER FIVE, BO O A CASE NUMBER 21 DASH 1 0 3 0 0 0 9 8.ADDRESS IS 5 0 7 CRETH PLACE, CITY COUNCIL DISTRICT NUMBER THREE.
APPLICANT IS, UH, FRANCIS CISNEROS.
REQUEST TO RENEW A SPECIAL EXCEPTION TO ALLOW A SINGLE OPERATOR BEAUTY SHOP ZONING IS GONNA BE RESIDENTIAL SINGLE FAMILY.
UH, SUBJECT PROPERTY IS LOCATED ALONG CRETH PLACE NEAR CHAUCER AVENUE AND CURRENTLY HAS A SINGLE FAMILY HOME CONSTRUCTED ON THE PROPERTY.
THE REQUEST IS TO RENEW A SPECIAL EXCEPTION TO ALLOW A SINGLE OPERATOR BEAUTY SHOP.
PREVIOUS APPROVAL FOR A SINGLE OPERATOR BEAUTY SHOP WAS ON AUGUST 11TH, 2017.
THAT WAS, UH, PREVIOUSLY APPROVED THROUGH THE B O A SITE PLAN.
SUBJECT PROPERTY, 5 0 7 CRETH PLACE FRONT OF THE HOUSE.
UH, THIS IS GONNA BE THE ENTRANCE TO THE BEAUTY SALON.
IT'S TOWARDS THE REAR OF THE STRUCTURE.
UH, THAT'S THE ENTRANCE SURROUNDING AREA.
RECOMMENDATION, UH, SINGLE OPERATOR BEAUTY BARBERSHOP.
SPECIAL EXCEPTION STAFF DOES RECOMMEND APPROVAL IN B O A 21 DASH 1 0 3 0 0 0 9 8 BASED ON THE FOLLOWING FACTS.
ONE, THE BEAUTY, THE BARBERSHOP SLASH BEAUTY SALON WILL BE OPERATED BY A SINGLE OPERATOR.
THE HOURS OF OPERATION WILL BE TUESDAY THROUGH SATURDAY, BETWEEN 9:00 AM AND 4:00 PM THREE.
THIS IS A RENEWAL FOR THE SAME TYPE OF
[01:45:01]
BUSINESS FROM AUGUST 11TH, 2017.RENEWAL WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.
WERE RETURNED IN FAVOR, ZERO IN OPPOSITION, AND NO NEIGHBORHOOD ASSOCIATION.
UH, IF YOU DON'T HAVE ANY QUESTIONS FOR STAFF, UH, JUST COULD YOU PLEASE STATE WHETHER OR NOT THERE WERE ANY ENFORCEMENT, UH, ISSUES WITH THIS EXISTING PERMIT? THERE IS ZERO CODE ENFORCEMENT ISSUES.
UH, HAVE, UH, APPLICANT IS FRANCIS
I HAVE A QUESTION FOR STAFF BEFORE HE SITS DOWN.
UH, IS THIS GONNA BE ANOTHER TWO YEAR OR FOUR YEAR APPLICATION? WE GET, MAKE POSITION, THEY'RE ELIGIBLE TO RENEW FOR UP TO FOUR YEARS.
THAT'S WHAT I WANNA MAKE SURE.
AND, AND THEY DIDN'T ASK FOR ANY LESS THAN FOUR, OR DID THEY NOT STATE IT? NO.
UH, MRS. NEROS, MY NAME IS S NEROS.
UH, IT IS USUALLY DONE FOR FOUR YEARS SINCE I'VE, UH, ASKED FOR A SPECIAL.
CAN YOU SPEAK CLOSER TO THE MIC, PLEASE? THANK YOU.
UM, I WOULD LI I ENJOY WORKING FROM MY HOME.
UH, I HAVE, IT'S NOT, I PUT DOWN FROM TUESDAY THROUGH SATURDAY.
I ONLY DO FAMILY AND FRIENDS, AND SOMETIMES I GET OTHER PEOPLE, BUT FOR THE MOST PART, IT'S NOT A FULL-TIME JOB.
UM, I'M ABLE TO DO OTHER THINGS.
I HAVE GRANDKIDS I TRANSPORT AND WHAT HAVE YOU.
SO IT'S NOT A FULL-TIME THING THAT I'M THERE ALL THE TIME.
BUT I DO LIKE PERMISSION SO I CAN COME AND GO WITHOUT HAVING ANY ISSUES.
UH, AS YOU CAN SEE, I HAVE A DOUBLE DRIVEWAY, SO I DON'T USUALLY HAVE BUT MAYBE ONE CUSTOMER AT A TIME WHEN I DO DO IT.
SO IT'S NOT A, A BUSY, BUSY PLACE, BUT I WILL APPRECIATE, I COULD CONTINUE TO OPERATE FROM MY HOME.
UH, STAFF, IS THERE ANY, UH, PUBLIC COMMENTARY, ANYONE SIGNED UP TO SPEAK? NO ONE SIGNED IN TO SPEAK ON THIS CASE.
AND, UH, BEFORE WE OPEN THIS UP FOR ANY QUESTIONS ANY COMMISSIONERS MAY HAVE, I JUST WANTED US TO, FOR THE BENEFIT OF, OF SOME OF OUR NEWER COMMISSIONERS.
THEN WHEN WE HEAR THESE SORT OF, UH, SINGLE OPERATOR REVIEW SHOPS, THE, THE KEY POINTS ARE, UH, THE HOURS OF OPERATION HAVE TO BE INCLUDED IN THE MOTION.
SO THE, THERE WAS COMMENTS OF WHETHER IT'S TWO TO FOUR YEARS, UH, WE CAN GRANT UP TO FOUR YEARS FOR THIS.
UH, AND, AND SO IT'S, SHE'S ASKING FOR TUESDAY THROUGH SATURDAY FROM 9:00 AM TO 4:00 PM UH, AND FOUR YEARS AS A RENEWAL.
SO WITH THAT, IS THERE ANY QUESTIONS FOR THE APPLICANT? NO.
WELL THEN, UH, THANK YOU VERY MUCH.
UH, IS THERE A COMMISSIONER THAT WOULD LIKE TO MAKE A MOTION TO CRUZ COMMISSIONER CRUZ? NO.
REGARDING CASE NUMBER B O A 1 0 3 0 9 8, I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A SPECIAL EXCEPTION TO RENEW, A SPECIAL EXCEPTION TO ALLOW A SINGLE OPERATOR BEAUTY SHOP LOCATED, SITUATED AT 5 0 7 CREASE PLACE.
APPLICANT BEING FRANCIS STOS BUSINESS HOURS WILL BE TUESDAY THROUGH SATURDAY FROM 9:00 AM TO 4:00 PM BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN 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 A SINGLE OPERATOR BEAUTY BARBERSHOP.
THE BEAUTY SHOP IS INTENDED TO BE OPERATED BY A SINGLE OWNER.
THE REQUEST IS IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE BE THE PUBLIC WELFARE AND CONVENIENCE WOULD BE SUBSTANTIALLY SERVED.
IN THIS CASE, A SINGLE OPERATOR BEAUTY SHOP IS STILL PROMOTING A SENSE OF COMMUNITY.
A SINGLE OPERATOR BEAUTY, BEAUTY BARBERSHOP, AND AN EXISTING RESIDENTIAL STRUCTURE DOES NOT POSE ANY ADVERSE EFFECTS TO THE PUBLIC WELFARE.
THREE C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE BOARD FINDS THAT THE BEAUTY BARBERSHOP FENCE WILL ENHANCE THE SUBJECT PROPERTY AND IS UNLIKELY TO INJURE ADJACENT PROPERTIES.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE BEAUTY BARBERSHOP WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE IN ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME.
THEY REQUESTED SPECIAL EXCEPTION, WHICH WILL BE FOR FOUR YEARS, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT IN A MOTION.
IS THERE A SECOND DEAL? WE HAVE A MOTION AND A SECOND.
AND, UH, FOR CLARIFICATION, COMMISSIONER CRUZ, DID YOU STATE THE, UH, HOURS OF OPERATION CHIEF? UH, YES I DID.
IT WAS TUESDAY THROUGH SATURDAY FROM 9:00 AM TO 4:00 PM FANTASTIC.
UH, SO WOULD LIKE TO LEAVE THE DISCUSSION.
[01:50:01]
COMMISSIONER CRUZ? UH, YES, SIR.I AM, UH, HAPPY TO, TO HAVE THIS, UH, UM, BEAUTY SHOP, UH, RE-OPERATE FOR ANOTHER FOUR YEARS.
SHE HAS HAD NO PROBLEMS IN FROM ANY OF HER, UH, CUSTOMERS.
AND OF COURSE, SHE HAS NOT BEEN, UH, WRITTEN UP FOR ANY, UH, UH, VIOLATION.
I'M IN AGREEMENT WITH MY COLLEAGUE.
UM, UM, THESE TYPE OF BUSINESSES ARE ALWAYS IMPORTANT TO, TO NEIGHBORHOODS AND COMMUNITIES.
AND, UH, GLAD TO SEE THAT YOU'RE STILL IN OPERATION AFTER ALL THESE YEARS.
ANY OTHER COMMISSIONERS LIKE TO ADD, UH, HEARING NONE.
STAFF, PLEASE TAKE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT, MS. SINGLES.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. TEON? YES, I CONCUR WITH THE FINDINGS OF FACT.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
UH, AND WITH THAT I AM GOING TO CALL FOR A SEVEN MINUTE BREAK.
WE'LL SEE Y'ALL BACK AT 3 0 4.
ALL RIGHT, SO WE'RE A LITTLE BIT PAST THREE OH SEVEN AND WE'RE GONNA CALL THIS MEETING BACK TO ORDER.
[6. 21-5361 BOA-21-10300099]
AGENDA ITEM NUMBER SIX IS CASE BO A 21 1 0 3 99.THE SUBJECT PROPERTY IS LOCATED AT 1912 WEST MAYFIELD BOULEVARD WITHIN COUNCIL DISTRICT FOUR.
THE APPLICANT IS EDGAR SANCHEZ.
THE REQUEST IS FOR A ONE A 420 SQUARE FOOT VARIANCE FROM THE MINIMUM 6,000 SQUARE FOOT REQUIREMENT TO ALLOW A LOT SIZE OF 5,580 SQUARE FEET.
TWO, A VARIANCE, UM, FROM THE MINIMUM 20 FOOT GARAGE SETBACK TO ALLOW A GARAGE TO BE 19 FEET AWAY FROM THE FRONT PROPERTY LINE.
THREE, A SEVEN FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A RESIDENTIAL STRUCTURE TO BE 13 FEET FROM THE REAR PROPERTY LINE.
UM, I DO WANT TO NOTE THAT THE APPLICANT SUBMITTED A NEW SITE PLAN THAT DOES NOT HAVE A, A GARAGE.
UM, SO I'LL LET HIM CLARIFY THAT HE DOESN'T REQUIRE THAT VARIANCE OR ISN'T GONNA BE SEEKING, SEEKING THAT VARIANCE ANYMORE.
THE ZONING OF THE PROPERTY IS R SIX, SINGLE FAMILY RESIDENTIAL.
THE SUBJECT PROPERTY IS LOCATED ALONG WEST MAYFIELD BOULEVARD.
THEY ARE PROPOSING TO CONSTRUCT A SINGLE FAMILY RESIDENCE.
THE PROPOSED SITE PLAN SHOWS THE DWELLING ENCROACHING INTO THE 20 FOOT REAR SETBACK.
UM, ADDITIONALLY, THE R SIX SINGLE FAMILY ZONING DISTRICT DOES REQUIRE A MINIMUM 6,000 SQUARE FOOT, UM, LOT SIZE.
SO THE ARE SEEKING THE VARIANCE FROM THAT AS WELL.
THIS IS THE, UH, REVISED SITE PLAN THAT DOES NOT HAVE THE GARAGE ON IT ANYMORE.
UH, BUT YOU CAN SEE THAT THE DWELLING IS BEING PROPOSED TO BE 13 FEET AWAY FROM THE REAR PROPERTY LINE.
UM, AND THEN THE LOT SIZE VARIANCE IS THE OTHER THAT, THAT THEY'RE SEEKING.
IT'S CURRENTLY VACANT AND THE, UH, SURROUNDING AREAS WHICH CONSISTS OF SINGLE FAMILY HOMES.
STAFF RECOMMENDS DENIAL FOR THE REAR SETBACK VARIANCE IN BO O A 21 1 0 3 0 0 9 9 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE MINIMUM REQUIRED REAR SETBACK FOR A PRIMARY STRUCTURE SHOULD BE 20 FEET.
THERE DID NOT APPEAR TO BE ANY UNIQUE CIRCUMSTANCES, UM, ON THE SUBJECT PROPERTY THAT WOULD INTERFERE WITH PROVIDING A 20 FOOT REAR SETBACK.
STAFF RECOMMENDS APPROVAL FOR THE LOT SIZE VARIANCE AND, UM, AND THE GARAGE SETBACK IN BO O A 2 1 1 0 3 0 0 0 99 BASED ON THE FOLLOWING FINDINGS EFFECT.
ONE, THE LOT CURRENTLY MEASURES 5,580 SQUARE FEET.
AND TWO, THE GARAGE, THE DRIVEWAY IN FRONT OF THE GARAGE WILL BE 19 FEET IN DEPTH.
UM, BEHIND THE FRONT PROPERTY LINE, STAFF MAILED 37 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET.
NONE WERE RETURN IN FAVOR, NONE IN OPPOSITION.
AND WE DIDN'T RECEIVE A RESPONSE FROM THE QUINTANA COMMUNITY NEIGHBORHOOD ASSOCIATION.
[01:55:03]
AND THEN AT THIS TIME, UH, THIS CONCLUDES STAFF PRESENTATION, BUT WE CAN TURN IT OVER.UH, THE APPLICANT, YOU MAY COME UP.
IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN BEGIN YOUR PRESENTATION.
UH, IT'S JUST THAT WE ARE THE NEIGHBORS.
YEAH, WE HEAR FROM THE, WE HEAR FROM THE APPLICANT FIRST AND THEN WE, WE HAVE TO ANYBODY SOUND TO THE SPEED? WE DO.
I LIKE, OKAY, WELL THERE'S TWO OF US.
UH, HI, MY, UH, MY NAME IS EDGAR SANCHEZ, PROPERTY OWNER OF 12, UH, 1912 WEST MAYFIELD.
OKAY, WELL, I'M ACTUALLY HERE.
I DON'T KNOW IF YOU HAVE THE SQUARE FOOTAGE OF THE LOT.
I WAS SHY OF A 150 ON THE SQUARE FOOTAGE FOR THE BUILDING.
SO IT'S, YOU KNOW, AN AVERAGE OF, UH, YOU KNOW, SIX, 6,000.
SO I JUST WANTED TO CORRECT THAT.
I DON'T KNOW IF Y'ALL HAVE, SHE DID REVISE IT AND DID SEND IT BACK AND UPLOADED IT BACK TO THE, SO JUST WANTED TO CORRECT THAT.
I AM BUILDING A, A DIFFERENT, YOU KNOW, A DIFFERENT PLAN OUT THERE JUST TO MAKE SURE THAT I FIT THE REQUIREMENTS.
I DID SPEAK TO MY NEIGHBORS IN THE BACK.
THEY ACTUALLY WERE, YOU KNOW, GOOD TO GO.
I DID TRY TO REACH OUT TO, I GUESS THEY HAVE LIKE A CITY, UM, HOMEOWNER ASSOCIATION.
I COULDN'T FIND ANYBODY ON THAT.
AND, YOU KNOW, I'M HERE TRYING TO BUILD A HOUSE, YOU KNOW, TRYING TO, YOU KNOW, HELP THE VALUE OF THE COMMUNITY AND HELP EVERYBODY OUT, ESPECIALLY IN THIS LITTLE AREAS THAT, YOU KNOW, IT'S KIND OF HARD TO BUILD IN.
SO WE HAVE, WE HAVE, THIS IS YOUR CURRENT SKETCH THAT'S BEING YES, SIR.
I'LL GIVE YOU AN UPDATED ONCE MY, UH, WHAT'S CALLED MY ENGINEER AND MY ARCHITECT ACTUALLY FINALIZED IT RIGHT NOW.
THE REASON WHY IS IT GETS EXPENSIVE AFTER A WHILE.
I DID, UH, YOU KNOW, I DID PULL THAT, YOU KNOW, PUSH THE HOUSE BACK.
I KNOW THE SIDES, YOU KNOW, THE VARIANCE ON THE SIDES.
SO YOU KNOW, THE SETBACKS BETTER IN THE BACK COMPARED TO THE ORIGINAL PLAN THAT I HAVE, IT WAS LIKE LESS THAN FIVE FEET UP.
SO YOU WERE, THIS SKETCH IS, IS IS REFLECTING WHERE YOU REMOVED THE GARAGE? CORRECT.
THIS IS A WHOLE TOTAL NEW PLAN.
THIS THE ONE WE'RE LOOKING AT.
AND THAT, UH, AND THE VARIANCE THAT WAS BEFORE US WAS FOR A 20 FOOT GARAGE SETBACK STAFF.
THIS SKETCH IS SHOWING THAT THE HOUSE IS 19 FEET AWAY FROM THE PROPERTY LINE.
IS THAT, UH, IN CONFLICT WITH ANY CURRENT REQUIREMENTS? NO, NOT WITHOUT A GARAGE BEING PRESENT.
WELL, YOU KNOW, I'M JUST TRYING TO BRING VALUE TO THAT, YOU KNOW, THE MAYFIELD AREA.
AND I DID REACH OUT TO, YOU KNOW, PEOPLE OUT THERE AND EVERYBODY WAS OKAY WITH IT.
I GUESS NOBODY EVER SENT ANYTHING BACK.
I WAS TRYING TO GET SOME LETTERS.
WE DIDN'T GET 'EM ON TIME, BUT WE DID UPLOAD EVERYTHING AND HOPEFULLY WE COULD BUILD THIS PLAN THERE.
THE PLAN ACTUALLY STANDS FOR THE BRODY.
THAT'S ACTUALLY ONE OF MY SON, YOU KNOW, THAT'S, YOU KNOW, IT STANDS FOR MY SON'S NAME.
SO, YOU KNOW, I HAVE THE BRODY PLAN.
THAT'S WHAT I WANNA BUILD THERE.
UH, IS THAT THE CONCLUSION OF YOUR PRESENTATION? YES, SIR.
UM, SO WE HAVE, UH, WE'LL HEAR FROM PEOPLE.
AND THEN WE MAY CALL YOU BACK UP FOR QUESTIONS.
WHO'S THE FIRST ONE SIGNED UP? THERE IS ONE PERSON SIGNED IN TO SPEAK.
I'M NOT SURE OF HIS LAST NAME.
TO STATE YOUR NAME AND ADDRESS FOR THE RECORD.
I'M, I'M JOSE ANTONIO QUEZ, UH, ON BEHALF OF NORTE.
WE JUST GOT THE LETTER AND WE THOUGHT THAT HE WAS GOING TO BUILD SOMETHING REALLY CLOSE TO THE HOUSE, SO WE DIDN'T KNOW WHAT, WHAT HE WANTED TO DO.
SO, SO WHERE'S YOUR, WHAT IS YOUR ADDRESS? UH, 1910, UH, WEST, UH, MINEFIELD.
IS WE, WE ARE THE NEIGHBORS TO THE LEFT.
WE DON'T HAVE ANY ISSUES WITH THE, WITH, WITH OUR NEIGHBOR.
I MEAN, IF HE'S NOT GOING TO, TO BUILD TOO CLOSE TO THE HOUSE, WE DON'T HAVE ANY, ANY, ANY ISSUES.
IT'S JUST THAT I DIDN'T KNEW WHAT WAS THE, I I JUST RECEIVED THE LETTER AND I, I DIDN'T KNOW WHAT, WHAT WAS IT? UH, SO YEAH, I DON'T HAVE ANY ISSUES, SIR, IF I COULD, NEXT TIME YOU, YOU GET A LETTER, UH, THERE'S A NAME, A CASE MANAGER NAME AND PHONE NUMBER ON THAT LETTER.
FEEL FREE TO REACH OUT TO THEM AND THAT WAY THEY CAN TALK YOU THROUGH WHAT THE REQUEST IS.
SO, UH,
[02:00:01]
FOR STAFF? FOR THE APPLICANT? UH, I APOLOGIZE FOR THAT.I, I REACHED OUT TO EVERYBODY.
I GET WHY DON'T YOU COME BACK UP, MR. SANCHEZ? I I HAVE A, THAT COMMISSIONER KAPLAN, I HAVE A, A QUESTION.
UM, SO NOW THAT YOU'VE REDRAWN THE BUILDING ON THE, DOES THAT MEAN THAT YOU NO LONGER ARE LOOKING FOR THE 20 FOOT SETBACK FROM, THERE'S A SET, A REAR SETBACK IT? NO MA'AM.
IS THAT CORRECT? WE'RE GONNA, SO ARE WE JUST LOOKING FOR AN EXCEPTION TO, UH, UH, A VARIANCE TO THE BUILDING LOT SIZE? UH, WE, JUST TO CLARIFY, ITEM NUMBER TWO ON THE AGENDA IS, IS WHAT IS BEING REMOVED.
UH, ITEM NUMBER ONE AND THREE, UH, ONE BEING THE, THE SQUARE FOOTAGE, FOOTAGE AND NUMBER THREE BEING THE REAR SETBACK.
UH, ANY OTHER QUESTIONS? NO, AND I HAVE ONE QUESTION.
UH, COMMISSIONER BRAGMAN, UM, THE PROPERTY THAT'S BEHIND THIS LOT? YES MA'AM.
IS IT VACANT? NO, THE PROPERTY IN THE BACK THAT I KNOW OF, NO, IT'S NOT VACANT.
AND DO YOU KNOW HOW FAR FROM THE PROPERTY LINE THE BACK OF THAT STRUCTURE IS? NO, MA'AM.
BUT THERE WILL BE A PRIVACY FENCE GOING THROUGH THE, YOU KNOW, MY LITTLE AREA, SO WE'LL BE TAKING CARE OF THE BACK.
DO YOU THINK IT'S MORE THAN 10 FEET OR LESS THAN 10 FEET? LESS THAN 10 FEET PROBABLY, YES.
BUT LESS THAN FIVE OR MORE THAN FIVE? NO MORE THAN FIVE.
AND THEN WHAT, WHAT SIZE SQUARE FOOTAGE IS YOUR HOME? 1443.
I THINK YOU HAVE IT ON THE PLAN.
AND IS THE, IS THE PORCH IN THE BACK GONNA BE COVERED OR PREDOMINANTLY OPEN? IT'S JUST GONNA BE COVERED, BUT IT, IT FLUSHES WITH THE HOUSE.
SO THE MASTER BEDROOM'S RIGHT THERE AND IT JUST FLUSHES WITH THE HOUSE.
IT'S NOT GONNA BE OUTSTANDING OR I DON'T LIKE THAT GUYS.
UH, IS THERE ANY OTHER COMMISSIONER QUESTIONS? HEARING NONE.
I'M LOOKING FOR A MOTION THEN.
TEO COMMISSIONER TEAL REGARDING CASE NUMBER BO A DASH 21 DASH 0 3 9 9.
I MOVED THAT THE BOARD OF ADJUSTMENT GRANT ONE OR GRANT A REQUEST FOR ONE A 420 FOOT VARIANCE FROM THE MINIMUM 6,000 SQUARE FOOT REQUIREMENT TO ALLOW A LOT, THAT'S LOT SIZE OF 5,500.
AND DO WE SAY FIFTY FIVE THOUSAND EIGHT HUNDRED FIFTY FIVE THOUSAND EIGHT HUNDRED AND FIFTY SQUARE FEET? WELL, WE DON'T HAVE A SURVEY SO I'LL SUBMIT THE SURVEY TOWARDS IT.
WELL MEAN YOU BETTER SAY THAN SORRY,
I'LL, I'LL JUST READ IT AS WRITTEN.
UH, SO I MOVED TO THE BOARD OF ADJUSTMENT GRANITE REQUEST FOR ONE OF 420 SQUARE FOOT VARIANCE FROM THE MINIMUM 6,000 SQUARE FOOT REQUIREMENT TO ALLOW A LOT SIZE OF 5,850 SQUARE FEET.
AND TWO, A SEVEN FOOT VARIANCE FROM A MINIMUM 20 FOOT REAR SETBACK TO ALLOW RESIDENTIAL STRUCTURE TO BE 13 FEET AWAY FROM THE REAR PROPERTY LINE SITUATED AT 1 9 1 2 WEST MAYFIELD BOULEVARD.
APPLICANT BEING EDGAR SANCHEZ.
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 UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIPS.
SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE PROPOSED DEVELOPMENT MEETS THE SIDE AND FRONT SETBACKS AND THE VARIANCE TO THE REAR SETBACK WILL CREATE A 13 FOOT OF SEPARATION FROM THE PROPERTY LINE.
IT APPEARS THAT THE REQUEST REQUESTED VARIANCES ARE NOT CONTRARY TO PUBLIC INTEREST.
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 HAVE ENFORCED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ADJUSTING THE SETBACKS OF THE DWELLING.
THE LOT SIZE VARIANCE IS REQUIRED IN ORDER TO SUCCESSFULLY BE GRANTED A C O D 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 VARIANCES FOR THE LOT SIZE, UH, MAINTAIN THE SPIRIT OF THE ORDINANCE AND WILL AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT.
THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUEST TO REDUCE THE LOT SIZE REAR SETBACK DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING THE ADJACENT PROPERTIES DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
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 ARE NOT MERELY
[02:05:01]
FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.THE BOARD FINDS THE PLIGHT OF THE PROPERTY OWNER IS SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND IS NOT MERELY FINANCIAL END OF MOTION.
SECOND, UH, WE HAVE A MOTION BY COMMISSIONER THIEL, SECOND BY COMMISSIONER BRAGMAN.
UH, COMMISSIONER THIEL, PLEASE LEAD THE DISCUSSION.
YES, I'LL BE IN SUPPORT OF THIS.
UH, I I'M ALWAYS A BIG PROPONENT FOR INFILL DEVELOPMENT.
I, I THINK IT'S NECESSARY, ESPECIALLY IN, UH, SOME OF THESE, UH, CENTRAL CITIES AND, AND ENTERING SUBURBS.
WE ARE FACING A HOUSING CRISIS AND WE NEED TO TAKE OPPORTUNITIES TO LOOK OUTSIDE THE BOX AND GRANT VARIANCES.
THAT MAKE SENSE? SO I'LL BE IN SUPPORT OF THE MOTION.
UH, ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE? STAFF, PLEASE TAKE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT.
[7. 21-5363 BOA-21-10300100]
SO WE HAVE, UH, ITEM NUMBER SEVEN.THIS IS FOR AT 27 23 CHIHUAHUA STREET.
IS THE APPLICANT PRESENT? OKAY.
WE'LL BE SKIPPING THAT CASE AND MOVING ACTUALLY, UM, KAYLA WAS ABOUT TO SAY THAT THE, UH, APPLICANT IS, UH, SICK.
UM, AND SO WE'RE GONNA REQUESTED A CONTINUANCE.
SO WE'LL HAVE TO HAVE A MOTION FOR CONTINUANCE TOO.
WHAT DATE? KAYLA? CAN I HIT THE 20TH? WE DO HAVE A FULL AGENDA ON THE, OKAY.
YEAH, THAT'LL BE OCTOBER, UH, FOURTH, RIGHT? MM-HMM.
AND DO WE NEED TO HAVE A SMALL PRESENTATION BY STAFF BEFORE WE CAN MAKE A MOTION? ALL RIGHT.
NO, BUT WE CAN READ IT INTO THE RECORD VERY QUICKLY.
SO, UH, THIS IS A BOARD OF ADJUSTMENT REQUESTS, UH, CASE, UH, 21 100 LOCATED AT 27 23 CHIHUAHUA STREET.
UM, THE APPLICANT IS UNAVAILABLE TO BE PRESENT, SO WE'LL TAKE A MOTION FOR A CONTINUANCE TO OCTOBER 4TH.
I HAVE A, UH, COMMISSIONER MAKE A MOTION.
I MOVE THAT THE CASE B O A DASH 21 DASH 0 3 0 0 1 0 REGARDING 27 23 CHIHUAHUA STREET.
AND I'LL GO AHEAD AND SECOND THAT.
MR. MENCHACA, I APPROVE MS. CRUZ.
I ALSO APPROVE THE MOTION PASSES ITEMS CONTINUE TO OCTOBER 4TH.
[8. 21-5358 BOA-21-10300101]
AND THAT LEAVES US WITH ITEM NUMBER EIGHT.AGENDA ITEM NUMBER EIGHT, BO O A NUMBER 21 DASH 1 0 3 0 0 1 0 1.
ADDRESS IS 1 0 5 1 8 KINDER DRIVE CITY COUNCIL DISTRICT NUMBER FOUR, APPLICANT IS, UH, MR. OSCAR PATINO.
REQUEST IS FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM FRONT.
UH, MINIMUM 10 FOOT FRONT SETBACK REQUIRED TO ALLOW A DETACHED CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE.
CURRENT ZONING IS GONNA BE RESIDENTIAL SINGLE FAMILY R SIX.
UH, SUBJECT PROPERTY IS LOCATED ALONG KINDER HOOK DRIVE NEAR ST.
LAWRENCE AVENUE AND CURRENTLY HAS A SINGLE FAMILY HOME CONSTRUCTED ON SAID PROPERTY REQUEST TO ALLOW A VARIANCE FOR A CARPORT DETACHED CARPORT FROM THE FRONT PROPERTY LINE SITE PLAN.
THIS IS THE FRONT, UH, CARPORTS TO THE FRONT OF THE EXISTING STRUCTURE, AND THAT'S THE POST, UH, RIGHT HERE.
WE'RE MEASURING WHERE HE'S APPROXIMATELY ONE INCH FROM THAT PROPERTY LINE THAT IS THE SIDE OF THE CARPORT.
SO, UH, JUST BY LOOKING AT THE PICTURE, YOU CAN SEE THERE'S, HE'S NOT ENCROACHING ANYWHERE NEAR THE NEIGHBOR'S PROPERTY LINE.
IT'S IN EXCESS OF MORE THAN FIVE FEET.
[02:10:02]
THAT IS, UH, 2022 FEET, ONE INCH IN LENGTH, 19 FEET, 10 INCHES IN WIDTH.UH, THIS IS A PICTURE SHOWING THAT IT'S DETACHED FROM THE EXISTING STRUCTURE.
SO WHAT WE DID IS, UM, WE PUT A PIN DOWN KIND OF AS A MARKER TO SHOW YOU WHERE THAT 10 FOOT SETBACK WOULD BE.
UH, THESE ARE SIMILAR STRUCTURES IN THE AREA.
THERE ARE, THERE ARE NUMEROUS IDENTICAL STRUCTURES IN THE IMMEDIATE AREA SURROUNDING AREA, UH, WITH THE CARPORT SETBACK VARIANCE.
STAFF IS RECOMMENDING APPROVAL IN B O A CASE NUMBER 21 DASH 1 0 3 0 1 0 1 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, A DETACHED CARPORT WILL BE MORE THAN FIVE FEET AWAY FROM THE WESTERN PROPERTY.
LINE TWO, THE STRUCTURE IS MADE OF FIRE RATED MATERIAL METAL.
THREE, THERE IS NO ISSUE WITH WATER RUNOFF AS IT WILL DRAIN ONTO THE SUBJECT PROPERTY.
AND FOUR, THERE ARE OTHER PROPERTIES IN THE SURROUNDING AREA WITH SIMILAR STRUCTURES.
28 MEDIC, UH, NOTICES WERE MAILED OUT.
THERE WERE ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE HERITAGE NEIGHBORHOOD ASSOCIATION.
THERE'S NO QUESTIONS FOR STAFF.
UH, WE DO HAVE THE APPLICANT PRESENT.
HELLO? HELLO? UH, BASICALLY WE JUST, UH, NEED THE CARPORT TO SECURE.
SIR, WE NEED, IF YOU COULD PLEASE READ YOUR NAME AND ADDRESS INTO THE RECORD.
MY NAME IS OSCAR BATINO AND MY MAILING ADDRESS AT 10 51 8 KEN HOOK DRIVE.
AND MY SON AND I LIVING IN THE HOME.
SO ACTUALLY I'M HERE BECAUSE MY SON CAME COMING IN TODAY.
UH, BASICALLY THE CARPORT IS TO SECURE THE CARS IN MY TRUCK AND, AND PROTECT ALL FROM THE SOUTHERN EXCHANGES.
UM, STAFF IS, UH, IF YOU COULD JUST WAIT ONE SECOND.
IS THERE ANY, UM, PUBLIC COMMENTARY TO READ? NO.
UH, IS THERE ANY QUESTIONS FROM COMMISSIONER THIEL? COMMISSIONER THIEL? UH, UH, GOING BACK ON THE, UH, GOOGLE MAPS GOING BACK TO 2011, IT LOOKS LIKE THERE'S BEEN A CARPORT IN THIS LOCATION SINCE 2011 OR THEREABOUTS.
UH, MY ASSUMPTION IS THIS NEW CARPORT IS IS IT ON THE SAME FOOTPRINT AS THE PREVIOUS CARPORT? IT WAS IN THE SAME SPOT.
UH, ACTUALLY, UH, WE DIDN'T KNOW THAT WE HAD TO MAKE IN A, A VARIANCE, SO WE DECIDE TO RENEW THE OLD ONE BECAUSE IT WAS ONLY WOOD, SO IT WAS IN BAD SHAPE AND WE JUST START TO DO IT AND THAT, AND THAT'S IT.
I MEAN, WE SAW A NUMBER OF OTHER CARPORTS IN THE AREA.
UM, IS, IS YOUR CARPORT, UM, DO YOU KNOW HOW OLD THE PREVIOUS ONE WAS? HOW OLD? UH, NOT REALLY.
2011? UH, NO, I CANNOT REMEMBER RIGHT NOW.
BUT, BUT I WILL SAY MORE THAN, UH, PROBABLY F NINE, 10 YEARS.
I KNOW, I KNOW FOR SURE FOR THAT, HONESTLY.
I WAS JUST, I WAS JUST CURIOUS.
THERE'S AN UNDER CONSTRUCTION PHOTO ON GOOGLE MAPS 2011.
WELL, NO MORE QUESTIONS FOR ME.
UM, IF THERE'S NOTHING ELSE, I'LL ENTERTAIN A MOTION.
BRAGMAN UH, COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO O A DASH 21 DASH ZERO THREE ZERO ONE TEN ONE.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED A REQUEST FOR NINE FOOT 11 INCH VARIANCE FROM THE 10 FOOT MINIMUM FRONT SETBACK REQUIREMENT TO ALLOW A DETACHED CARPORT TO BE ONE INCH FROM THE PRO FRONT PROPERTY LINE SITUATED AT 1 0 5 1 8 KINDER HOOK DRIVE APPLICANT BEING OSCAR PATINO.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE APPLICANT IS REQUESTING A VARIANCE TO THE FRONT SETBACK FOR A DETA DETACHED CAR CARPORT, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST AND DOES NOT POSE ANY ADVERSE EFFECTS.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT ANY SPECIAL
[02:15:01]
CONDITIONS THAT IF ENFORCED, WOULD RESULT IN THE UNNECESSARY HARDSHIP.BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED ON SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE, RATHER THE EXACT LETTER OF THE LAW.
WITH THE STRUCTURE FACING KINDER HOOK DRIVE, MAINTAINING ONE INCH FROM THE FRONT PROPERTY LINE AND STILL MAINTAINING THE DRIVEWAY APPROACH, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
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.
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 DETACHED CARPORT WILL MAINTAIN ONE INCH FROM THE PROPERTY LINE, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
MANY OTHER CAR CARDBOARDS ARE OBSERVED IN THE SURROUNDING AREA WITH SIMILAR FRONT BACK, FRONT SETBACK ENCROACHMENTS.
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 GENERATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE, DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
IT APPEARS THE PLIGHT OF THE OWNER FOR WHICH THE VARIANCE IS SOUGHT IS NOT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THE CARPORT ALREADY EXISTED AND ENCROACHED INTO THE NORTHERN FRONT SETBACK.
THE CIRCUMSTANCES WERE NOT CREATED, BUT THE OWNER ARE NOT MERELY FI FINANCIAL END OF MOTION.
WE HAVE A MOTION AND A SECOND.
UH, COMMISSIONER BRAGMAN, PLEASE LEAD THE DISCUSSION.
YEAH, I, I WOULD SAY SINCE THERE WAS AN EXISTING CARPORT ALREADY IN THAT FOOTPRINT, UM, AND THEY JUST REPLACED IT AND THAT THERE ARE NUMEROUS OTHER CARPORTS THAT LOOK TO BE OF SUBSTANTIAL SIMILAR SIZE AND LOCATION, UH, TO THE FRONT SETBACK, I WILL BE IN SUPPORT OF THE MOTION.
UM, IF THERE'S ANYONE LIKE TO ADD ANYTHING ELSE, HEARING NONE.
STAFF PLEASE TAKE A ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT MS. SINGLES.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORION.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
MOTION PASSES, UH, UNANIMOUSLY 11 TO ZERO.
SIR, IF YOU COULD JUST, UH, GET WITH STAFF, THEY'LL TELL YOU WHAT YOUR NEXT STEPS ARE.
[10. 21-5321 Consideration and approval of the August 16, 2021 Board of Adjustment meeting minutes]
UH, NEXT ITEM IS THE CONSIDERATION, APPROVAL OF THE MINUTES.UH, DID ANYBODY HAVE ANY ADJUSTMENTS? I HAD NOTED THAT I ABSTAINED FROM THE PREVIOUS MINUTES VOTE SINCE I WAS NOT PRESENT DURING THAT, UH, MEETING.
UM, AND STAFF THAT'S REFLECTED IN WHAT'S OKAY BEFORE ME.
UH, IF THERE'S NOTHING ELSE, UH, I NEED A MOTION TO APPROVE, PLEASE.
UH, STAFF, PLEASE TAKE A ROLL CALL.
I APPROVE MS. CRUZ? YES, MS. BRAGMAN? I APPROVE MR. MANNA.
I APPROVE CHAIR ORIAN AND I ALSO APPROVE, UH, PASSES, UH, UNANIMOUSLY.
[Director’s Report]
UM, JUST BEFORE YOU LEAVE, UM, AGAIN, THANK YOU TO THE NEW ALTERNATES.UH, FOUR OF 'EM ARE HERE TODAY, UH, WITH SHORT NOTICE.
UM, AND I VERY, I APPRECIATE IT VERY MUCH.
WE WOULDN'T HAVE BEEN ABLE TO HAVE A QUORUM UNLESS, UH, YOU GUYS HAD SHOWN UP.
UM, AND JUST A REMINDER, OUR REGULAR MEETING IS NEXT WEEK ON THE 20TH.
WE WILL HAVE A, UH, LONGER ORIENTATION FOR ALL OF THE ALTERNATES AS WELL AS, UH, THE REGULAR MEMBERS ARE ALSO WELCOME TO ATTEND.
UM, WE'LL COVER BOTH, UM, THE, UH, PROCESSES FOR BOARD OF ADJUSTMENT AS WELL AS OUR ETHICS FROM THE CITY ATTORNEY'S OFFICE.
SO I'LL ANSWER ALL YOUR QUESTIONS REGARDING RECUSALS AND WHATNOT.
UM, BUT, UM, OTHER THAN THAT, SO I THINK WE'LL PROBABLY START AT 11.
UH, BUT BE LOOKING FOR AN EMAIL FROM MONICA ON LUNCH ORDERS AND STUFF.
SO I JUST WANTED TO BE SURE I PUT THAT ON YOUR RADAR.
[02:20:02]
AND, UH, I HOPE THIS WAS, UH, FUN FOR ALL THE NEW PEOPLE,SO WITH THAT, I'LL CALL THIS MEETING ADJOURNED.