* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. ALL RIGHT, [00:00:01] CHAIR. WE'RE READY. GOOD AFTERNOON EVERYBODY. [Call to Order] UM, I'D LIKE TO FIRST INTRODUCE OUR, THE, UH, SPANISH INTERPRETER SO THEY CAN MAKE THEIR ANNOUNCEMENT. YEAH. OH, I'M SO SORRY ABOUT THAT. WELL, GOOD MORNING. THANK YOU. SO IF EVERYONE COULD PLEASE BE KIND ENOUGH TO SILENCE ALL MOBILE DEVICES. THE MEETING OF THE BOARD OF ADJUSTMENT WILL COME TO ORDER. STAFF, PLEASE CALL ROLL. MS. MEESE. JUST SAY HERE TO THE MIC. YEAH. HERE. MR. ALBERT. HERE. MR. MANCHACA PRESENT. MR. VASQUEZ? PRESENT. MS. CRUZ? HERE. MR. MANO PRESENT. MS. BRAGMAN? PRESENT. MR. DELMER? PRESENT. MR. THIEL? PRESENT. MR. OZUNA PRESENT CHAIR ORIAN. AND I'M ALSO PRESENT, UH, AND IT LOOKS LIKE WE DO HAVE A QUORUM, SO IF EVERYONE COULD PLEASE, UH, UH, STAND AND JOIN AND THE PLEDGE OF ALLEGIANCE. OKAY. SO BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION. THE BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY A NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS. FOLLOWING THE CONCLUSION OF CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY THE DIRECTOR'S REPORT. LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR, AND I WILL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF, CONFIDENT 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 WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CA CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CL 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 AN ADMINISTRATIVE, UH, WE HAVE, I'M SORRY. 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 IN AN ADVISORY IN AN APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING QUEST FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. 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 IN GRANTING THE RELIEF SOUGHT REST WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE RE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS 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. SO WE ASK THAT YOU PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE. SO STAFF, IF YOU COULD BEL, UH, PLEASE, UH, PROVIDE A BRIEF, UH, INSTRUCTIONS. 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 [00:05:01] PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION 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 SIGNED UP TO SPEAK. THOSE IN SUPPORT IN OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. WE WILL INFORM YOU WHEN YOUR THREE MINUTES ARE UP. FOR THOSE THAT 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. AND THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIR. THANK YOU. UH, SO OUR FIRST CASE, UH, IS AT [1. 21-5371 BOA-21-10300085] 1301 SOUTH HAMILTON, B O A CASE, 21 DASH 1 0 3 0 0 0 85. UH, THAT CASE IS POSTPONED, SO WE'LL MOVE ON TO THE SECOND. THANK YOU. UH, THE NEXT ONE THEN IS CONTINUED, [2. 21-5369 BOA-21-10300075] UH, FROM AUGUST 2ND. UH, THIS IS, UH, LOCATED AT 24 14 SUZETTE AVENUE, ITEM TWO. ALRIGHT, THANK YOU. UH, AGENDA ITEM NUMBER TWO IS CASE BO O A 21 1 0 3 0 0 7 5. THE SUBJECT PROPERTY IS LOCATED AT 24 14 SUZETTE AVENUE WITHIN COUNCIL DISTRICT SIX. THE APPLICANT IS FRANCISCO LAJA. THE REQUEST IS FOR ONE A TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE TWO FEET SIX INCHES FROM THE SIDE PROPERTY LINE TWO, A NINE FOOT NINE INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW CORE PART CARPORT TO BE THREE INCHES FROM THE FRONT PROPERTY LINE. THREE A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO, UM, ALLOW A STRUCTURE TO BE ONE INCH FROM THE SIDE PROPERTY. LINE THREE IS A 40% VARIANCE FROM THE 50% FRONT YARD IMPERVIOUS COVER LIMITATION TO ALLOW THE FRONT YARD IMPERVIOUS COVER OF 90%. AND THEN FINALLY, UM, AN 11 FOOT FIVE INCH VARIANCE FROM THE MINIMUM OF 15 FOOT CLEAR VISION AREA TO ALLOW A GATE TO BE THREE FEET SEVEN INCHES FROM THE FRONT PROPERTY LINE. THE ZONING IS, UH, R SIX, SINGLE FAMILY RESIDENTIAL. THE SUBJECT PROPERTY IS LOCATED ALONG SUZETTE AVENUE, UM, AND IT IS ZONED R SIX AND THERE'S A SINGLE FAMILY RESIDENCE ON THE PROPERTY. THERE IS A LARGE CARPORT THAT IS CONSTRUCTED IN FRONT OF THE RESIDENCE, UM, THAT MEASURES ABOUT 40 FEET WIDE AND 25 FEET DEEP. IT DOES ENCROACH INTO THE SIDE AND FRONT SETBACKS, UM, BY TWO FEET, SIX INCHES AND NINE FEET NINE INCHES. THE CONCRETE SLAB WAS PLACED UNDERNEATH THE CARPORT. UM, AND THIS IS THE SLAB THAT EXCEEDED THE FRONT YARD AND PREVIOUS COVER LIMIT. UM, UPON THE SITE VISIT, THERE IS A STRUCTURE THAT WAS OBSERVED ALONG THE, ON THE SIDE OF THE HOME THAT IS ENCROACHING INTO THAT SIDE SETBACK. HERE'S AN IMAGE OF THE SITE PLAN AND THE SUBJECT PROPERTY, AND THAT SHOWS THE CARPORT AS LONG AS THAT, AS WELL AS THAT SIDE STRUCTURE AND THE ADDITIONAL, UH, IMPERVIOUS COVER AND AS WELL AS THE SURROUNDING AREA. STAFF RECOMMENDS DENIAL FOR THE SIDE SETBACK OF THE CARPORT. UM, BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THERE'S ADEQUATE SPACE FOR VEHICULAR PARKING WITH THE CARPORT HAVING A FIVE FOOT SIDE SETBACK. AND TWO, THE ADJUSTED WIDTH OF THE CARPORT WOULD UM, BE 37 FEET AND SIX INCHES. THE SIDE SETBACK FOR THE ATTACHED PATIO STRUCTURE, UM, STAFF RECOMMENDS DENIAL WITH AN ALTERNATE OF A ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE TO THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW THE STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINE. THIS IS BASED ON THE FOLLOWING FINDING OF FACT. ONE. THE ATTACHED STRUCTURE IS CURRENTLY ONE INCH FROM THE SIDE PROPERTY LINE AND POSES A FIRE HAZARD FOR THE FRONT SETBACK FOR THE CARPORT. [00:10:01] STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION OF A FIVE FOOT VARIANCE, UM, TO ALLOW THE CARPORT TO BE FIVE FEET FROM THE FRONT PROPERTY LINE BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE ADJUSTED DEPTH OF THE CARPORT WILL BE 20 FEET, WHICH WILL FIT THE LENGTH OF THE VEHICLE. TWO. THE FRONT SETBACK OF FIVE FEET WILL REDUCE ANY IMPACT TO THE DRIVEWAY APPROACH. IMPERVIOUS COVER STAFF RECOMMENDS APPROVAL, UH, BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE IMPERVIOUS COVER WILL NOT SUBSTANTIALLY INJURE ADJACENT PROPERTIES. AND TWO, THE IMPERVIOUS COVER SHALL BE LIMITED TO 90% OF THE FRONT YARD. FOR THE CLEAR VISION, STAFF RECOMMENDS APPROVAL, UM, BASED ON THE FOLLOWING FINDINGS. ONE, THE PREDOMINANTLY OPEN FENCING WILL PROVIDE ADEQUATE, CLEAR VISION FOR THE PROPERTY. AND TWO, THE GATE WILL REMAIN ON A ROLLING TRACK, WHICH IS NOT IMPOSED. FURTHER VISUAL ISSUES. STAFF MAILED 17 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET. NONE ARE RETURN IN FAVOR, NONE IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE HIGHLAND PARK NEIGHBORHOOD ASSOCIATION. UH, THAT CONCLUDES STAFF PRESENTATION. GREAT, THANK YOU VERY MUCH. MM-HMM. , UH, IS THE APPLICANT PRESENT? UH, YES, SIR. UH, COME ON UP. UH, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND PLEASE BEGIN YOUR PRESENTATION. UM, I'M FRANCISCO LEJO. AND, UM, WHAT'S IT CALLED? UH, WE LIVE ON 24 14 SUZETTE AVENUE. UM, BASICALLY WE BUILT A CAR PORCH. UH, NOT, WE DIDN'T, WE DIDN'T REALLY KNOW THAT IT WAS GONNA CAUSE A, A COMMOTION, BUT WE'RE MAINLY USING IT FOR LIKE THE WEATHER-WISE. UH, THERE WAS A LOT OF SUN HITTING MAINLY ON THE DRIVEWAY. AND WE WANTED TO USE IT FOR HAIL TOO BECAUSE WE DO PARK THE, THE VEHICLES RIGHT UNDERNEATH THERE. AND, UM, YEAH, THAT'S MAINLY IT. OKAY. UH, IF YOU COULD PLEASE HAVE A SEAT, WHAT WE'LL DO IS WE'LL HEAR ANY PUBLIC COMMENTARY AND THEN THERE MAY BE QUESTIONS FOR YOU. THANK YOU, SIR. THANK YOU. STAFF. IS THERE ANY, UH, COMMENTARY TO READ INTO THE RECORD OR ANYONE SIGNED UP TO SPEAK? NO, THERE'S NONE. NONE. OKAY. UH, SIR, YOU CAN COME BACK UP. UH, WE WILL OPEN THIS UP TO BOARD QUESTIONS. ARE THERE ANYONE ON THE BOARD THAT HAS A QUESTION FOR THE APPLICANT? MR. MANCHACA, WERE, WHEN YOU BUILT THIS, WERE ALL THE PERMITS IN PLACE WHEN YOU BUILT THIS? UM, NO SIR. YEAH, WE DIDN'T, WE DIDN'T REALLY KNOW ABOUT THE PERMIT OR NONE OF THAT. UM, WE ACTUALLY CONSTRUCTED IT OURSELVES, UM, BECAUSE MY GRANDPA USED TO BE A WELDER, SO LIKE HE DIDN'T, HE HELPED US AS WELL, UH, BUILDING OR CONSTRUCTION IT. OKAY. UH, ANY OTHER QUESTIONS? NANA, COMMISSIONER, ZUNA, AND THEN NANA. SO THE, THE CITY IS RECOMMENDING SOME ALTERNATE IF ALL THE VARIANCES REQUESTED ARE, HAVE YOU REVIEWED WHAT THE CITY WAS RECOMMENDING IN TERMS OF THE SIDE SETBACKS? AND IF YOU DID WITH, HOW MUCH OF A HARDSHIP WITH THAT PROVIDE YOU IN HAVING TO COMPLY WITH THE CITY? UH, RECOMMENDED SETBACKS. UM, ACTUALLY WE, WE DIDN'T REALLY LIKE LOOK INTO LIKE ANY OF THAT. UM, YEAH, THAT'S REALLY ALL I CAN SAY. SO THE CITY WAS RECOMMENDING LIKE A, A THREE FOOT VARIANCE SO THAT YOU WOULD HAVE TO BRING THE, THE GARAGE CARPORT CLOSER TO YOUR PROPERTY AWAY FROM THE PROPERTY LINE. IF YOU DID THAT, IF YOU HAD TO DO THAT, WOULD THAT CREATE A, A HARDSHIP OR WHAT WOULD YOU HAVE TO DO TO COMPLY WITH THAT? UM, I DON'T REALLY UNDERSTAND THAT QUESTION. WHAT DO YOU MEAN? LIKE, UH, TRYING TO LIKE, REMOVE IT? LIKE IF WE COULD DO THAT NOW. UM, I MEAN, I DON'T KNOW HOW IT WOULD BE POSSIBLE TO MOVE IT. I MEAN, WE WOULD TOTALLY DO IT IF, IF WE CAN, IF IT'S POSSIBLE. OKAY. THANK YOU. THANK YOU, SIR. COMMISSIONER MANNA, SIR. UH, WE STILL HAVE MORE QUESTIONS? MM-HMM. . SO, UM, SO, SO THE FIRST QUESTION, UM, IS THAT AS FAR AS THE IMPERVIOUS COVER, SO THERE'S, THERE'S CEMENT ACROSS THE WHOLE FRONT YARD, SO, SO ADDITIONAL CEMENT WAS ADDED, UH, FROM 2016 TO 2019 OR TILL, I GUESS TO TODAY. SO, SO WHAT WAS THE, WHAT WAS THE NEED FOR THE ADDITIONAL CONCRETE IN YOUR FRONT YARD? UH, TO, TO ACTUALLY PARK MORE VEHICLES INSIDE. OKAY. 'CAUSE, 'CAUSE THE CURRENT DRIVEWAY OR THE PREVIOUS DRIVEWAY LOOKED LIKE IT WOULD HOLD AT LEAST FOUR CARS, IF NOT SIX. SO, SO, UM, AND NOW YOU'VE DOUBLED THAT. SO ARE YOU, I MEAN, IS IT LIKE EIGHT CARS THAT YOU'RE BRINGING THERE OR? OH, NO, UH, WE DON'T, UM, WELL ACTUALLY IT WAS ACTUALLY PRETTY SMALLER. UH, WHEN WE ADDED THE CONCRETE, OH, BEFORE WE ADDED THE CONCRETE, THERE WAS ONLY ABLE TO LIKE FIT LIKE TWO CARS AND THAT WAS LIKE, UH, HORIZONTALLY. OKAY. AND SO LIKE NOW WE DRIVE IN TO THE SIDE WHERE THAT WALL IS CREATED AND WE HAVE TWO CARS PARKED [00:15:01] SIDEWAYS LIKE THAT. AND THEN WE WILL PARK A TRUCK RIGHT IN FRONT, RIGHT THERE IN THE GATE AND ONE ON THE SIDE RIGHT THERE, RIGHT OFF THE CEMENT. SO, UM, SO PART OF THE DIALOGUE HERE ALSO IS FOR, UM, I I GUESS THERE'S A PATIO ON THE SIDE OF THE HOUSE? YES. AND, AND CURRENTLY THE PATIO COVER GOES ALL THE WAY TO THE SIDE OF YOUR PROPERTY OR TO THE NEXT DOOR NEIGHBOR'S PROPERTY. AND BY LOOKING AT THE PICTURE, IT LOOKS LIKE THE SLOPE IS SUCH THAT BASICALLY ANY RAIN THAT COMES GOES STRAIGHT INTO YOUR NEIGHBOR'S PROPERTY, SIR. SO, SO HAVE YOU HAD DIALOGUE WITH YOUR NEIGHBOR WITH REGARDS TO, UH, THAT CARPORT OR, WELL, HONESTLY, UH, OUR NEIGHBOR'S, MY OLDER BROTHER, SO, UH, HE DIDN'T REALLY, I MEAN, YOU DON'T HAVE A PROBLEM WITH IT. YEAH, THAT'S WHY THEY DIDN'T FINISH THE FENCE AS WELL, BECAUSE MY BROTHER WAS MOVING IN RIGHT NEXT DOOR. SO YEAH, THEY, THEY KNOCKED THAT OFF. THEY TOLD HIM TO NOT FINISH THE FENCE. . OKAY. THANK YOU. YES, SIR. UH, ANY OTHER QUESTIONS? OKAY. UM, I HAVE A QUESTION. SO YOU HAVE A, UM, THAT, THAT SCREEN, UH, PARTIAL METAL SCREEN WALL THAT YOU HAVE IN THE FRONT. YES SIR. UM, HOW FAR AWAY FROM THAT IS, UH, HOW FAR AWAY FROM THAT, FROM THE FENCE IS IT? UM, I WOULD SAY FROM THE ROD IRON I WOULD SAY LIKE MAYBE TWO FEET. OKAY. SO STAFF, I HAVE A QUESTION. UH, IS THAT CONSIDERED SOMETHING THAT HAS TO HAVE FIRE COVERAGE WHERE IT NEEDS A FIVE FOOT PATH BETWEEN THE FENCE LINE AND THAT AND THAT, UH, SHEATHING THAT COMES DOWN? IS, IS THAT, IS THAT SOMETHING THAT WE SHOULD BE, UH, AWARE OF? AND I, I ASKED THE QUESTION 'CAUSE IT COMES FROM THE, THE DISTANCE FROM THE FRONT PROPERTY LINE BACK THAT THEY'RE ASKING FOR. I KNOW YOU'RE RECOMMENDING FIVE FEET, SO THAT WOULDN'T, IF WE WENT WITH AN ALTERNATE, IT WOULD HAVE TO BE MOVED BACK. SO THERE WAS FIVE FEET. IS THAT THE, THE CRUX OF WHERE YOUR RECOMMENDATION CAME FROM? UH, FIRE, FIRE RATING WASN'T, UH, LOOKED AT FOR THE FRONT SETBACK. OKAY. THANK YOU. SO, SO THERE'S NO MORE QUESTIONS, ANYONE? OKAY. UH, WITH THAT, UH, SIR, WE'RE GOING TO GIVE YOU A COUPLE MINUTES TO, UH, PROVIDE ANY SORT OF, UH, CLOSING REMARKS OR ANY REBUTTALS ANY QUESTIONS YOU MAY HAVE HEARD BEFORE. WE, UH, DELIBERATE? UH, I GOT NOTHING ELSE TO SAY, SIR. APPRECIATE YOUR TIME. OKAY. THANK YOU VERY MUCH. THANK YOU. UH, SO WITH THAT, UM, I'M GONNA CLOSE THE PUBLIC HEARING. IS THERE AN, UM, WE'VE, WE'VE HEARD, WE'VE GOT FOUR DIFFERENT ITEMS BEFORE US. UM, ACTUALLY MAYBE, I THINK IT'S FIVE. UH, IF, UH, COMMISSIONER WOULD LIKE TO MAKE A MOTION ON THIS, KNOWING THAT STAFF HAS SOME ALTERNATE RECOMMENDATIONS. BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO A DASH 21 DASH 0 3 0 0 75, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, ONE A TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE TWO FOOT SIX INCHES AWAY FROM THE SIDE PROPERTY LINE TWO, A NINE FOOT NINE INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT TO BE THREE INCHES AWAY FROM THE FRONT PROPERTY LINE. THREE A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A ONE INCH SIDE SETBACK AND THREE A 40% VARIANCE FROM THE 50% LIMIT FRONT YARD IMPERVIOUS COVER TO ALLOW A FRONT YARD IMPERVIOUS COVER OF 90% AND FOUR 11 FOOT FIVE INCH VARIANCE FROM THE MINIMUM FI 15 FOOT CLEAR VISION AREA TO ALLOW DRIVEWAY WITH A THREE FOOT SEVEN INCH CLEAR VISION AREA SITUATED AT 24 14 SUZETTE AVENUE. APPLICANT BEING FRANCISCO LAHA. 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 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 THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE REQUEST TO ALLOW A CARPORT ENCROACHMENT INTO SIDE SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE ADEQUATE, AS THE [00:20:01] ADEQUATE APPLICANT HAS ADEQUATE SPACE FROM THE ADJACENT STRUCTURE. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED WOULD RESULT IN UNNECESSARY HARDSHIP BY IMPOSING A LITERAL ENFORCEMENT OF THE CARPORT WIDTH WOULD NEED TO BE ADJUSTED TO 16 FOOT NINE INCH, WHICH REDUCED THE AMOUNT OF SPACE FOR TWO VEHICLES. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE SETBACKS IS TO PROVIDE SPACING BETWEEN NEIGHBORING STRUCTURES, WHICH IS OBSERVED. THE VARIANCE WILL FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATIONS OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY OF WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY'S LOCATED THE REQUEST TO REDUCE A PORTION OF THE SIDE SETBACK DOES NOT POSE A RISK SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM TO LIKELY ALTER THE CHARACTER OF THE DISTRICT. THIS PROPERTY IS LOCATED WITHIN OLDER NEIGHBORHOOD AND THERE ARE OTHER NON-CONFORMING CARPORTS BUILT, ENCROACHING INTO THE SIDE SETBACKS. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE BO PROPERTY IS LOCATED. THE BOARD FINDS THAT THE PLIGHT OF THE PROPERTY OWNER IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO THE SHORT WIDTH OF AVAILABLE SPACE FOR A TWO CAR TWO VEHICLE. END OF MOTION. IS THERE A SECOND? SECOND. WE HAVE A MOTION AND A SECOND. UH, COMMISSIONER BRACKMAN, CAN YOU PLEASE LEAD THE DISCUSSION? UM, I'M NOT GONNA BE IN SUPPORT OF THE MOTION IS WRITTEN. UM, I, I FEEL THAT BECAUSE OF THE NATURE OF THE BUSINESS THAT THEY'RE IN, THAT THEY CAN MAKE ACCOMMODATIONS WITHOUT CREATING A FINANCIAL HARDSHIP. OKAY. COMMISSIONER ZUNA. SO THERE'S PARTS OF THE MOTION THAT I, THAT I DO SUPPORT AND, AND SOME THAT I, I, YOU KNOW, HAVE PROBLEMS WITH. AND FRONT, FRONT FIRST MOST IS KIND OF THE CLEAR VISION SECTION. THE 15 FOOT, UH, CLEAR VISION IS WAY WE CAN PARSE THE, THE MOTION AND LOOK AT THE INDIVIDUALS OR, UM, UH, SURE. SO WHAT WE HAVE, WE HAVE FIVE DIFFERENT ASPECTS OF THIS. UM, SO LET'S, LET'S, UH, LET'S LOOK AT THESE. UH, COMMISSIONER BRAGMAN, UH, YOU SAID YOU WERE OPPOSED. IS THERE, IS THERE ANY ASPECT OF THIS THAT YOU COULD BE IN FAVOR OF WITH AN AMENDMENT? WOULD YOU BE SUPPORTIVE STAFF'S, ALTERNATES, OR, OR? YES. I'M, I'M IN SUPPORT OF THE ALTERNATES, ESPECIALLY THE CLEAR VISION. OKAY. OKAY. SO THEN, UH, COMMISSIONER ZUNA, WOULD THAT YEAH, EXACTLY. THAT'S WHAT I'M, I'M LOOKING FOR IF WE COULD READ IN AND LOOK AT THE CITY'S RECOMMENDED ALTERNATE. UM, SURE. SO WITH THAT, UH, SO WE HAVE, UH, FIVE ITEMS THAT WERE READ IN. UH, SO I, I CAN GO AHEAD AND, UH, I GUESS START THAT AND MAKE A, A FRIENDLY AMENDMENT, UH, JUST TO GET THIS ROLLING BETWEEN THE, BETWEEN THE MOTION MAKER AND THE SECOND. SO WITH ITEM NUMBER ONE, I WOULD LIKE TO MAKE A FRIENDLY AMENDMENT TO GO FROM A TWO FOOT SIX VARIANCE TO A FIVE FOOT, UH, SIDE, UH, FIVE FOOT VARIANCE. UM, OR ACTUALLY I APOLOGIZE. NUMBER ONE WOULD JUST GO AWAY. UH, NUMBER TWO, A NINE, NINE VARIANCE FROM THE 10 FOOT FRONT SHOULD BE ADJUSTED TO A FIVE FOOT VARIANCE TO ALLOW THE CARPORT TO BE FIVE FEET FROM THE FRONT PROPERTY LINE. UM, ITEM NUMBER THREE, A FOUR FOOT 11 VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK. UM, THAT ONE WAS, UH, LET'S SEE WHAT STAFF WAS SAYING ON THAT ONE INCH AWAY. STAFF WAS ASKING FOR THAT TO BE ADJUSTED TO A, TO A TWO FOOT VARIANCE TO ALLOW, UH, THAT STRUCTURE TO BE THREE FEET AWAY FROM THE SIDE PROPERTY LINE. THE FOURTH ITEM WOULD BE A 40 FOOT VARIANCE FROM THE 50% LIMIT ON IMPERVIOUS COVER THAT WAS RECOMMENDED FOR APPROVAL BY STAFF. SO THAT STAYS. AND THEN THE FIFTH ONE WAS AT 11 FOOT FIVE INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION, UH, STAFF WAS, UH, RECOMMENDING APPROVAL BECAUSE IT WAS PREDOMINANTLY OPEN FENCING. SO WE, WE WOULD BE MAKING IT, WE WOULD BE REMOVING ITEM NUMBER ONE, MAKING AN ADJUSTMENT TO ITEM NUMBER TWO AND ITEM NUMBER THREE. SO ACCEPTED. I ACCEPT THAT. OKAY. STAFF, DID YOU CATCH WHAT WE WERE DOING? ALRIGHT, SO WITH THAT, IS THERE ANY OTHER REMARKS? ANYONE ELSE LIKE TO ADD? MANNA, COMMISSIONER, MANNA? SO, SO I, I DO HAVE SOME QUESTIONS WITH REGARDS TO IMPERVIOUS IS COVERED. 'CAUSE IT DOES SURE SEEM LIKE 90% OF THE YARD AND DRIVING AROUND THE REST OF THE COMMUNITY DOESN'T SHOW [00:25:01] THAT MUCH CONCRETE ANYWHERE. SO, SO THAT IS A WHOLE LOT OF CONCRETE. OKAY. UH, WOULD YOU LIKE TO MAKE A RECOMMENDATION? CAN WE GO FOR, SO FOR HALF OF THAT, HALF OF THAT PIECE, SO BASICALLY CUT IT, HAVE 'EM CUT OUT, LIKE, UH, SO, SO ALLOW FOR, SO LIKE A 20% VARIANCE ON TOP OF THE CURRENT. SO 'CAUSE RIGHT NOW WE'RE AT, SO WE'RE AT, SO YEAH, IT'D BE 70% TOTAL, IF THAT MAKES SENSE. OKAY. AND IS THAT ACCEPTED BY THE MAKER AND THE SECOND? YES. YES. OKAY. SO THEN THE MOTION IS HEREBY AMENDED. UM, SO WE'RE, SO BEFORE US, UH, TO CONSIDER, WE'RE, WE'RE HERE WE'RE, IT'S AN ADJUSTMENT TO ITEM ONE GOES AWAY. ITEM NUMBER TWO IS REDUCED TO A FIVE FOOT VARIANCE FROM THE MINIMUM 10 FRONT SETBACK. ITEM NUMBER THREE IS, UM, REDUCED TO A TWO FOOT VARIANCE, UH, TO, TO ALLOW THE SIDE PORCH STRUCTURE TO BE THREE FEET AWAY. AND THEN ITEM NUMBER FOUR IS ALTERED TO A 20% VARIANCE FROM THE 50% LIMIT FOR IMPERVIOUS COVER. ITEM NUMBER FIVE REGARDING CLEAR VISION, UM, STAYS. SO WITH THAT, AS THERE'S NOTHING ELSE, STAFF TAKE A ROLL CALL VOTE PLEASE. MR. MENCHACA, I CONCUR. MS. MS. CRUZ? YES, I CONCUR. MR. MANA, I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MS. MEESE I CONCUR. MR. SCOTT. I CONCUR. MR. VASQUEZ. I CONCUR. MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 11 TO ZERO. UH, SIR, PLEASE GET WITH STAFF, UH, TO DISCUSS, UH, WHAT THE AMENDMENTS MEAN AND WHAT WHAT TO DO MOVING FORWARD. OKAY. THANK YOU. THANK YOU. UH, NEXT CASE PLEASE. AGENDA ITEM NUMBER THREE IS CASE [3. 21-5370 BOA-21-10300090] BO A 21 1 0 3 0 9 0. UH, THIS CASE WAS ALSO CONTINUED FROM AUGUST 2ND. THIS SUBJECT PROPERTY IS LOCATED AT 3 4 3 BANK STREET WITHIN COUNCIL DISTRICT FIVE. THE APPLICANT IS RA THE REQUEST IS FOR A FOUR FOOT EIGHT INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ADDITION WITH TWO INCH GUTTERS TO BE FOUR INCHES FROM THE SIDE PROPERTY LINE. THE ZONING OF THE PROPERTY IS R SIX CD, UM, SINGLE FAMILY WITH A CONDITIONAL USE FOR A DUPLEX. SUBJECT PROPERTY IS LOCATED ALONG BANK STREET. UM, THERE IS A SINGLE FAMILY DWELLING ON THE PROPERTY. THE ADDITION WAS ADDED TO THE STRUCTURE AND IT IS, IT WAS FOUND TO BE ENCROACHING INTO THE SIDE SETBACK. UM, THE SURVEY SUBMITTED BY THE APPLICANT SHOWS THAT THE STRUCTURE IS FOUR INCHES FROM THE SIDE PROPERTY LINE. UM, THERE IS A WINDOW THAT IS CONSTRUCTED ALONG THE ADDITION IN THE REAR. UM, ALONG THAT SIDE PROPERTY LINE. D S D PLAN REVIEW STAFF HAS NOTED THAT, UM, THAT THAT ADDITION SHOULD BE FIRE RATED, UM, WHICH INCLUDES REMOVING THE WINDOW AND FIRE RATING THE WALL TO REDUCE THE RISK OF FIRE HAZARD. HERE'S A COPY OF THE SURVEY AND THE SUBJECT PROPERTY. AND HERE'S THE SURROUNDING AREA. STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE TO ALLOW, UH, THE ADDITION TO BE THREE FEET FROM THE SIDE PROPERTY LINE, UM, IN B O A 21 1 0 3 0 0 9 0 BASED ON THE FOLLOWING FINDINGS OF FACT ONE. THE ADDITION IS CURRENTLY FOUR INCHES AWAY FROM THE SIDE PROPERTY. LINE TWO. THERE IS CURRENTLY A WINDOW BUILT INTO THE ADDITION. THREE. IT WILL REDUCE THE RISK OF A FIRE HAZARD IF THE STRUCTURE IS MOVED THREE FEET AWAY FROM THE PROPERTY LINE. 35 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET. NONE WERE RETURNED IN FAVOR. ONE WAS RETURNED IN OPPOSITION AND THERE WAS NO RESPONSE FROM THE LONE STAR NEIGHBORHOOD ASSOCIATION. UH, THIS CONCLUDES STAFF PRESENTATION. THANK YOU VERY MUCH. UH, IS THE APPLICANT PRESENT? YES. UH, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN BEGIN YOUR PRESENTATION. UH, YES. MY NAME IS TARUN JEERA AND I'M THE OWNER OF, UH, 3 4 3 BANK STREET. UH, UH, LIKE I SAID LAST TIME, IT WAS A MISUNDERSTANDING IN A PERMIT AND STOCK [00:30:01] PARK AND EVERYTHING. SO STAFF SAID ABOUT MAKING A WALL TO BE A FIRE HEADED. I'M AGREEING ON THAT. I'LL CHANGE THE WALL AND MOVE THE WINDOW IN THE BACK OF THE PROPERTY, WHICH THEY HAVE PICTURE OR I HAVE A PICTURE IF YOU, SO HOW DOES THIS WORK? UH, I GAVE HER EARLIER, SO IF SHE DOWNLOADED IT SHOULD BE HIM. YEAH. OKAY. SO, UH, I'M OKAY WITH MOVING A WINDOW, MAKE THE WALL INTO FIRE, RED WALL. AND UH, WE GONNA MOVE THE, SINCE THE NEIGHBOR HAVE ISSUE ABOUT WATER GOING INTO THAT PROPERTY, I HAVE A PICTURE ON THAT ONE. WE MOVING THE GUTTERS FROM MY ROOF INSIDE OUR PROPERTY ABOUT 15 FEET FRONT AND BACK. SO WATER'S GONNA BE, UH, AWAY 15 FEET FROM THEIR PROPERTY LINE, LIKE HOUSE PROPERTY LINE, PRETTY MUCH. SO THAT'S THE UPDATE I'M GONNA DO. AND, UH, UH, WE HAD, UH, I DON'T KNOW IF I CAN SHOW YOU. THE INSIDE OF THE HOUSE IS REALLY NICE AND WE JUST GOT BROKE INTO, SO EVERYTHING IS GONE. AND I LOST SO MUCH MONEY IN THIS HOUSE, SORRY, I, AND TO COURSE TO MOVE THAT TWO FEET, THREE FEET, WHOLE HOUSE IS VERY EXPENSIVE TO DO EVERYTHING AGAIN. AND I'M WILLING TO FIX A WALL AND EVERYTHING THE WAY, FIRE IT, MOVE THE WINDOW, EVERYTHING IS FINE. AND I ALREADY SPENT 3000 TO CUT THE ROOF SINCE WE HAD A PROBLEM OVERHANG. SO I FIXED THAT ALREADY. AND I'M FIXING A PROBLEM WITH THE WATER AND A SEW SEWAGE. THEY HAD A PROBLEM LIKE SEWAGE WAS FACING INTO THEIR DRIVEWAY. SO WE JUST GONNA TURN THE FACING TO THE BACK AND SEAL THAT HOLE. SO THE SEWAGE IS GONNA BE FIXED. UH, WATER PROBLEM'S GONNA BE FIXED AND THE WINDOW'S GONNA BE MOVED. SO THAT WAY IT IS NOT FIRE PROBLEM. AND UH, AND THE WALL'S GONNA BE FIXED. IF I HAVE TO CUT IT, IT'S GONNA BE VERY EXPENSIVE TO DO IT. IT'S FINE. THEY ALREADY HAVE THE SURVEY AND UH, YOU CAN SEE IF YOU HAVE LIKE OLD PICTURE IN A OLD PICTURE, I DID NOT DO ANY ADDITIONAL ON SIDES BEING THERE ORIGINALLY. ALL I DID WAS ORIGINAL IN THE BACK. THE SIDE USED TO BE, USED TO BE AN OPEN WRAPAROUND PORCH. SO ALL I DID WAS MAKE IT INTO CLOSET. YOU CAN SEE IT IN PICTURES. NO PICTURE NUMBER 16 AND 17 IN THE WHERE YOU SEE. YEAH. SO THAT'S THE 17. SO THAT'S 17. YOU SEE THAT CLOSET? THAT'S A MASTER BEDROOM ON THE LEFT HAND SIDE. IF YOU'RE FACING THE HOUSE, IT'S THE LEFT HAND SIDE. SO THAT CLOSET IN THERE, IT USED TO BE OPEN PORCH. SO ALL WE DID WAS JUST CLOSE IT BECAUSE THERE'S NO POINT HAVING A PORCH ON A NEIGHBOR'S SIDE OF IT. SO WE JUST KEPT THE FRONT PORCH. AND YOU CAN SEE IN PICTURE NUMBER 16, NO, NO, YEAH. OH NO, THEY DON'T HAVE IT. UH, USE, UH, YOU CAN SEE THE CLOSET, LIKE COMPLETE CLOSET. IT USED TO BE. OF COURSE. NO, IT'S NOT IN THERE. UH, I DON'T KNOW IF YOU CAN SEE IT IN THE PHONE. I HAVE IT PULLED UP. [00:35:05] COME ON. COME ON. SO, UH, IF YOU HAVE A OLD FEATURE, THEY USED TO HAVE A ONE BLACK AND WHITE FEATURE, WHICH SHOWS YOU HOW THE FRONT PORCH USED TO BE, BUT THEY DON'T HAVE IT IN THIS, UH, SLIDES. THEY, THEY HAD IT ON LAST TIME WHERE YOU CAN SEE THE SIDE PORCH COMPLETE ON WRAPAROUND PORCH. YOU CAN SEE STAFF, CAN YOU BRING UP A STREET VIEW? YOU CAN GO BACK TO THE, UH, 2011 STREET VIEW SHOWS YOU OKAY IF YOU CAN SHOW. YEAH. SEE THAT'S A OLD PICTURE. AND YOU SEE THE WRAPAROUND PORCH IS GOING IN THE SIDE 2011. YEAH, PLEASE, PLEASE PUT 20 ELEVEN'S A BETTER. YEAH, SEE THE WRAP, THE WHOLE SIDE WALL AND YOU CAN SEE WINDOWS AND EVERYTHING THERE. THE STRUCTURE BEEN THERE FOR ALMOST MORE THAN 40, 50 YEARS. ALL I MADE WAS MADE IT NEW AND THE FRONT PORCH STAYED THE SAME AND I JUST MADE THE SIDE PORCH INTO THE CLOSET. AND THIS IS A PICTURE. OKAY? OH, OKAY. THAT PICTURE SHOWS A CLOSET THAT USED TO BE A PORCH AND NOW IT'S A CLOSET. AND NO, IT'S NOT LIKE ON THE RIGHT HAND SIDE YOU CAN SEE THE DOOR THAT WE SAW IT FROM OUTSIDE, AND NOW WE ARE STANDING INSIDE THE CLOSET. YEAH, SEE, YOU SEE MORE DETAIL NOW, UH, YOU CAN SEE THE DOOR ON THE RIGHT HAND SIDE AND THAT USED TO BE FRONT PORCH. SO ALL WE DID WAS JUST TO, UH, CLOSE IT IN, MAKE IT INTO CLOSET. OKAY. AND PROPERTY LINE WISE, I'M, I'M OKAY BECAUSE I'M NOW, I'M LIKE MY ROOF AND EVERYTHING IS ON MY SIDE NOW. AND WITH THE PRODUCT WATER PROBLEM, THIS WATER LANDING IS GONNA BE 15 FEET INSIDE, WHICH IS INTO, I DUNNO IF YOU CAN SEE THE, UH, BLACK LINE I DID WHERE THE LANDING'S GONNA BE FOR THE WATER. UH, IT'S HARD TO SEE. SO THE BACKWARDS, THE LANDING IS GONNA BE ALWAYS 15 FEET. DO YOU HAVE THE LASER POINTER? YOU CAN GIVE HIM . UH, YOU CAN CONTINUE ALL. OKAY. SEE IF WE CAN HELP. SO THE WAY IT'S GONNA BE IS THE WATER'S GONNA COME DOWN AND IT'S GONNA GO INSIDE MY PROPERTY 15 FEET WHERE THE DOOR IS, IS GONNA LAND SOMEWHERE THERE IN THE MIDDLE OF MY PROPERTY. AND THE SAME WAY WE ARE GONNA DO THE FRONT, IT'S GONNA GO INSIDE WORD, BECAUSE I HAVE OPENING OVER THERE IN THE FRONT. SO I'M GONNA BRING THE WATER FROM TOP AND IT'S GONNA GO INSIDE AND THEN IT'S GONNA GO IN THE DRIVEWAY. OKAY. SO THAT'S HOW I'M CONVERTING THE WATER TOO. ALRIGHT? YEAH, THAT'S IT. OKAY, WELL WE MAY HAVE, UH, QUESTIONS FOR YOU. OKAY. UH, SO WITH WITH THAT STAFF, IS THERE ANYBODY SIGN UP TO SPEAK OR ANY COM COMMENTARIES TO READ INTO THE RECORD? YES, WE DO HAVE PEOPLE SIGN IN TO SPEAK ON THIS CASE. ALL RIGHT, SIR, YOU CAN HAVE A SEAT. OKAY. OKAY. UM, THE FIRST PERSON I HAVE ON THIS LIST, RAUL CANTU. MR. CANTU, UH, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND PLEASE CONTINUE. GOOD AFTERNOON. MY NAME IS RAUL KENTU AND WE ARE THE NEIGHBORS NEXT DOOR. AND I WOULD RECOMMEND, I SUGGEST THAT THE VARIANCE SHOULD BE DENIED BECAUSE LIKE WE MENTIONED LAST TIME, THIS PERSON WHO'S A FLIPPER, BECAUSE [00:40:01] HE'S FLIPPED BEFORE, DID THIS IN VIOLATION OF THE ZONING LAWS. HE DIDN'T GET THE PERMITS OR PERMITS. HE DID GET, HE NEVER CLOSED OUT BECAUSE OF THE STOP WORK ORDER. AND HE, ANY HARM THAT HE CREATED, HE CREATED IT HIMSELF. NOW, HE CAME UP HERE AND TOLD YOU A COMPELLING STORY, BUT I DON'T BELIEVE YOU CAN BELIEVE WHAT HE SAID BECAUSE HE'LL TELL YOU ONE THING AND DO SOMETHING COMPLETELY DIFFERENT. AND I'LL GIVE YOU SPECIFIC EXAMPLES. PLEASE PUT PAGE ONE. THIS IS THE PLOT PERMIT THAT HE SUBMITTED TO THE CITY. AND I DON'T KNOW IF THIS NUMBER ONE PAGE ONE GO DOWN. SO THE GO DOWN NUMBER ONE, THE OTHER WAY, HE'S TRYING TO SHOW THE FIRST, RIGHT, THE ONE THAT SAYS NUMBER ONE ON THE BOTTOM. GO BACK ONE MORE. YEAH, THAT, THAT PAGE RIGHT THERE. WHEN HE SUBMITTED THE PLOP ON THE TOP RIGHT WHERE I HAVE THE ARROWS, THOSE ARE HIS INITIALS. SO HE WROTE DOWN AND HE SUBMITTED THIS PLOP PLAN, AND ON THE BOTTOM LEFT, YOU CAN SEE HE'S GOT FIVE FEET. SO HE HAD A FIVE FOOT VARIANCE FROM THE STRUCTURE AND OUR PROPERTY LINE, HE WROTE DOWN THE FIVE ON THE TOP AND ON THE BOTTOM, MY LASER POINTERS DOESN'T REACH FAR ENOUGH, BUT IT'S ON THE FAR LEFT, THERE'S A FIVE ON THE BOTTOM AND THE TOP. SO NOW HE COMES HERE TODAY AND SAYS THAT THE STRUCTURE WAS ALREADY AT THE FIVE FOOT LINE. SO, WHICH IS TRUE WHAT HE TOLD YOU OR WHAT HE TOLD THE CITY WHEN HE FILED THIS PLOT PERMIT, WHERE HE REPRESENTS THAT HE'S FIVE FEET AWAY OR WHAT HE'S TELLING YOU TODAY BECAUSE THEY BOTH CANNOT BE TRUE. UH, THE NEXT SLIDE ON THIS, ON THIS PERMIT THAT HE GOT IN JANUARY 1ST, YOU CAN SEE WHERE I PUT APPLICANT. THAT'S HIS NAME. THAT'S THE PERSON HERE TODAY. AND WHERE IT SAYS NO STRUCTURAL WORK, I TYPED IN THE NO STRUCTURAL WORK. BUT ON THE FAR RIGHT YOU CAN SEE WHERE IT'S UNDERLINED, WHERE IT SAYS NO STRUCTURE WORK, NO STRUCTURE WORK BEING DONE FOR THE ROOF WHERE IT SAYS ROOF AND IT'S UNDERLINED, IT SAYS NO CHANGE TO PITCH, REMOVING EXISTING SHINGLES AND REPLACING WITH SAME TYPE, NO OTHER WORK TO BE DONE. THE NEXT PAGE, THE NEXT PERMIT THAT HE GOT, FEBRUARY, 2018, THERE'S HIS NAME, THE SAME APPLICANT WHERE IT SAYS ROOF ON THE RIGHT HAND SIDE REMOVE EXISTING SHINGLES AND REPLACING WITH THE SAME TYPE. NO OTHER WORK TO BE DONE. THAT'S WHAT HE REPRESENTED HE WAS GONNA DO. AND THIS IS WHAT HE ACTUALLY DID. DO THE NEXT SLIDE PLEASE. THIS IS WHAT THE ROOF LOOKED LIKE BEFORE HE GOT HIS PERMIT AND WHAT HE SAID HE WAS GONNA DO, HE WASN'T GONNA CHANGE THE PITCH. ALL HE WAS GONNA DO WAS REPLACE THOSE SHINGLES WITH THE SAME TYPE OF SHINGLES. THAT'S BEFORE AND AFTER HIS PERMITS. THE NEXT ONE, THAT'S WHAT HE DID, COMPLETELY CHANGED THE PITCH, COMPLETELY CHANGED THE STRUCTURE, COMPLETELY CHANGED EVERYTHING. HE SAID ONE THING AND DID SOMETHING COMPLETELY DIFFERENT. HE WENT TO THE CITY, APPLIED FOR PERMITS, TOLD THEM, OH, I'M ONLY GONNA DO SHINGLES. BUT CLEARLY THAT WASN'T HIS INTENT. THAT'S NO ACCIDENT. HE COMPLETELY REDID THE ROOF. NOW CAN YOU GO BACK TO THE, THE PAGE NUMBER THREE RIGHT THERE WHERE IT SAYS, UH, HE MUST COMPLY WITH THE SETBACKS ON THE LEFT HAND SIDE. IF YOU READ, SIR, YOU YOUR, YOUR THREE MINUTES ARE UP. CAN YOU PLEASE, UH, I'LL GIVE YOU ANOTHER 20 SECONDS. WELL, I'VE GOT THE TWO OTHER PEOPLE ARE GONNA SEE THEIR TIME. OKAY, SO I HAVE RICHARD CANTU. ALL RIGHT, ANOTHER THREE MINUTES. ALRIGHT, GO AHEAD SIR. AND MIKE ALSO, AND MIKE MC ALSO MIKE MCFALL. ALL RIGHT, WE HAVE SIX MORE MINUTES, SIR. THANK YOU. OR IT SAYS HE MUST COMPLY WITH THE SETBACKS. HE CLEARLY DID NOT COMPLY WITH THE SETBACKS. AND YOU CAN SEE RIGHT HAVE THE STOP WORK ORDER. IT SAYS STOP WORK ISSUED ON 6 12 20 18 FOR BUILDING TWO CLOSE TO THE PROPERTY LINE. SO HE WAS TOLD TO STOP WORK BECAUSE THIS BUILDING WAS TOO CLOSE TO THE PROPERTY LINE AND THAT WAS DONE BY A ESPINOZA. [00:45:01] NOW, WHO IS A ESPINOZA? SLIDE SIX PLEASE. THIS IS AN EMAIL FROM ANDREW ESPINOZA DATED THE DAY AFTER WHERE IT READS. I SENT OUT OUR CODE OFFICER OUT YESTERDAY AFTERNOON AND THE STOP ORDER WAS ISSUED SINCES. IT APPEARS THEY ARE BUILDING TOO CLOSE TO THE PROPERTY LINE. PLEASE LET ME KNOW IF YOU HAVE ANY FURTHER QUESTIONS. AND WHO IS THAT? THE DEVELOPMENT SERVICE MANAGER FOR THE DEVELOPMENT SERVICE DEPARTMENT OF THE CITY OF SAN ANTONIO. SO THAT STOP WORK ORDER WAS ISSUED BY DEVELOPMENT SERVICE MANAGER. AND THEN THIS APPLICANT, IF HE TELLS YOU THE SAME THING HE TOLD YOU LAST TIME, EXPECTS YOU TO BELIEVE THAT SOMEBODY IN THE CITY TOLD HIM, YEAH, DISREGARD WHAT OUR BOSS SAID. DISREGARD WHAT THE SERVICE MANAGER SAID WITH THE STOP WORK ORDER AND YOU JUST BILL AWAY. I JUST DON'T BELIEVE THAT THAT HAPPENED. HE JUST WANTED TO DO WHAT HE WANTED TO DO. AND AGAIN, ANY HARDSHIP THAT HE COMES UP HERE AND TELLS YOU HE HAD, HE HAD IT BECAUSE HE IGNORED THAT STOP WORK ORDER. WHEN HE HAD THAT STOP WORK ORDER, HE HAD TWO OPTIONS THAT HE COULD HAVE DONE. AS IT TELLS YOU, YOU'RE BUILDING TOO CLOSE TO THE PROPERTY LINE. VERY SIMPLE, SPILLED AWAY FROM THE PROPERTY LINE PROBLEM GOES AWAY OR COME TO THE BOARD, THIS BOARD AND ASK FOR A VARIANCE. WHAT DID HE CHOOSE TO DO? HE CHOSE TO IGNORE THE STOP WORK ORDER FOR BUILDING TOO CLOSE TO THE PROPERTY LINE. HE CHOSE TO DISREGARD WHAT THE DEVELOPMENT SERVICE MANAGER ISSUED. HE CHOSE TO EVEN DISREGARD THIS VERY BOARD BECAUSE BACK IN JUNE OF 2018, THAT'S WHEN HE SHOULD HAVE COME TO THIS BOARD. IF HE WANTED A VARIANCE, AND IF HE WOULD'VE DONE THAT, THERE WOULD BE NO HARDSHIPS. AND HE WOULD'VE DEVELOPED ACCORDING TO THE, THE, THE, THE ZONING LAWS. AND THAT'S WHAT WE SHOULD ENCOURAGE. NOW, LAST TIME I WAS ASKED ABOUT DAMAGES TO OUR PROPERTY, THE O WELL, THE ONLY REASON HE'S HERE TODAY IS BECAUSE HE GOT CAUGHT. HE WANTED TO GET IN, GET OUT, SELL THE PROPERTY, AND HE TOLD YOU LAST TIME HE WAS VERY CLOSE TO SELLING IT. HAD HE SOLD THE PROPERTY, HE GETS AWAY WITH HIS MISCONDUCT. BUT WE WERE ABLE TO SPEND OVER $5,000 FOR LEGAL FEES BECAUSE IT WAS WHEN THE ATTORNEYS GOT INVOLVED THAT STOPPED HIS CELL. HAD WE NOT BEEN ABLE TO COME UP WITH THE MONEY TO HIRE LAWYERS, WE WOULDN'T BE HERE TODAY BECAUSE HE WOULD'VE SOLD HIS PROPERTY AND HE WOULD'VE GOTTEN AWAY WITH HIS MISCONDUCT. NOW. SO THAT'S DAMAGES WE'VE RECEIVED AND THAT'S STILL ONGOING. NOW, IN TERMS OF DID HE ENHANCE OUR PROPERTY? HE DID NOT ENHANCE OUR PROPERTY. I TALKED TO SEVERAL BROKERS AND THEY ALL TOLD ME THE SAME THING. NO ONE IN THEIR RIGHT MIND IS GONNA BUY MY PROPERTY. AND I ASK EACH, AND, AND EVERY ONE OF YOU, WOULD YOU BUY A PROPERTY WHERE THE NEIGHBOR BILL DISREGARDING THE, THE ZONE, THE PROPERTY CODE CREATED A FIRE HAZARD THAT YOU HEARD FROM THE CITY. HE PUT A SEWER LINE TO SPIT THE WATER OUT ONTO YOUR PROPERTY AND HE TELLS YOU, OH NO, NO, THE SEWER LINE'S ON THE OTHER SIDE. ARE YOU GONNA BELIEVE HIM WHO HAS NO CREDIBILITY? OR ARE YOU GONNA BELIEVE YOUR EYES THAT TELL YOU THE SEWER LINE IS DUMPING ON YOUR PROPERTY AND THAT REDESIGN OF HIS ROOF DUMPING ALL THAT WATER IN YOUR PROPERTY WHEN IT RAINS, NO ONE IN THEIR RIGHT MIND IS GONNA BUY THAT PROPERTY UNLESS IT'S SLEEPY DISCOUNTED. SO WHERE DID THAT LEAVE US TODAY? LAST TIME ON AUGUST 2ND, THERE WAS A FLIPPER FROM DENVER, COLORADO WHOSE HOUSE WAS DEMOLISHED. AND BEFORE HE EVEN PUT A SHOVEL IN THE GROUND, HE CAME TO THIS BOARD AND SAID, I KNOW I NEED A VARIANCE. HE FOLLOWED THE LAW. THAT'S WHAT WE WANT. IF YOU GRANT THIS VARIANCE, WHAT YOU ARE TELLING ALL FLIPPERS, DISREGARD OUR ZONING LAWS, DISREGARD OUR DEVELOPMENTAL SERVICES, YOU CAN EVEN DISREGARD THE MANAGER. DOESN'T MATTER. YOU CAN EVEN DISREGARD US BECAUSE EXACTLY WHAT HE DID. AND YOU DON'T HAVE TO WORRY ABOUT IT BECAUSE WHAT ARE THE CHANCES THAT SOMEBODY'S GONNA HAVE THE FUNDS TO SPEND OVER $5,000 TO DEFEND THEMSELVES? AND IF YOU SHOULD GET CAUGHT, [00:50:01] DON'T WORRY ABOUT IT. YOU JUST COME TO THE VERY BOARD THAT YOU IGNORED BACK IN 2018 AND THEY WILL REWARD YOUR BEHAVIOR AND GRANTING YOU A VARIANCE. I ASK YOU TO DENY THE VARIANCE TO PROTECT NOT JUST ME, THE NEIGHBOR, BUT ALSO ALL CITIZENS OF SAN ANTONIO AND THE DEVELOPMENTAL SERVICES. BECAUSE BY GRANTING THIS CODE, BY GRANTING THIS VARIANCE, YOU WILL UNDERCUT THE CITY, THE DEVELOPMENTAL SERVICES, STOP WORK ORDERS, AND EVEN YOUR OWN AUTHORITY. SO THAT'S WHY URGE THIS BOARD TO DENY THE VARIANCE. OKAY, THANK YOU. CAN YOU PLEASE, UH, STATE FOR ONE SEC, IS THERE ANY MORE, UH, CITIZEN SIGN TO SPEAK PRESIDENTS? THAT'S ALL THAT'S SIGNED IN TO SPEAK. OKAY. UH, IS WHILE YOU'RE HERE, IS THERE ANY QUESTIONS, UH, FOR MR. CANTU O ZUNA, UH, COMMISSIONER O ZUNA? MR. CANTU? YES. UH, THE CITY IS RECOMMENDING A, UM, A A TWO FOOT VARIANCE FOR THE MINIMUM OF FIVE FOOT TO ALLOW THE ADDITION TO BE THREE FEET OF SIDE PROPERTY LINE. HOW, HOW DOES THAT SQUARE UP OR WOULD YOU, UM, CONCUR WITH THE CITY'S ALTERNATE RECOMMENDATION? WELL, WHAT I, WHAT I WOULD SUGGEST IS BECAUSE HE CAN'T BE BELIEVED BECAUSE AS YOU SEE, AND HE SAYS ONE THING AND DOES ANOTHER, IF HE CUTS THE HOUSE BACK THREE FEET, AND IF HE REIMBURSES US FOR OUR EXPENSES, THEN YES, THAT THAT WOULD BE FAIR. BUT TO REWARD HIS BEHAVIOR BY JUST, NOT ONLY DID HE INCUR EXPENSE TO US, BUT HE INCURRED EXPENSE TO THE CITY. THE CITY HAD TO SEND OUT CODE OFFICERS. THE CITY HAD TO GET INVOLVED WITH THIS. SO NEEDLESSLY, SIR. SO WE DON'T GET INVOLVED IN PRIVATE. YEAH, WE CAN'T GET INVOLVED IN REIMBURSEMENTS, BUT WE CAN DO NO, I UNDERSTAND. BUT IN TERMS OF, YOU'RE ASKING ME IF I WOULD SUPPORT IT, I WOULD SUPPORT IT FROM WHAT I BELIEVE WOULD BE FAIR. YES, SIR. OKAY. THANK YOU MR. TY. UH, ANY OTHER QUESTIONS? BRAGMAN? COMMISSIONER BRAGMAN, UM, DO YOU HAVE AN IDEA OF HOW FAR THE SIDE OF YOUR HOUSE IS TO THE SIDE OF THIS STRUCTURE? HONESTLY, OFF THE TOP OF MY HEAD, NO. BUT I DO KNOW THAT HE'S RIGHT UP ON THE PROPERTY LINE. WOULD WOULD YOU SAY IT'S AT LEAST FIVE FEET? PROBABLY MORE. I MEAN, IT LOOKS LIKE THAT FROM THE PICTURE, BUT YOU KNOW THE PROPERTY BETTER. SO IF I UNDERSTAND THE QUESTION CORRECTLY, IS OUR HOUSE, HOW FAR IS OUR HOUSE AWAY FROM HIS HOUSE? UH, THAT WOULD BE A GUESS. OKAY. UM, TO, TO ADD ONTO THAT QUESTION, UH, WAS IT AN AN INTENT FOR YOUR PROPERTY TO HAVE THE DRIVEWAY ON THAT SIDE OF THE HOUSE CLOSE TO THE APPLICANT'S HOME? IS THAT WHERE YOUR INTENDED DRIVEWAY PATH WOULD BE? WELL, OUR DRIVEWAY HAS ALWAYS BEEN THERE AND IT WASN'T CLOSE TO HIS HOME BEFORE HE DID WHAT HE DID. OKAY. UM, THANK YOU. IS THERE ANY MORE COMMISSIONER QUESTIONS? MANNA COMMISSIONER MANNA? SO, UH, BEFORE THE HOUSE THAT WAS THERE, UM, UM, SO IT HAD A, IT LOOKED LIKE IT WAS A, A WOODEN PIER AND BEAM SOLUTION UNDER, UH, THAT THE HOUSE SAT ON. AND THEN I GUESS THAT WAS REPLACED BY CONCRETE. IS THAT WHAT YOU OBSERVED AS WELL? ARE YOU SEEING THE NEIGHBORS? YES, THE NEIGHBORS. SO IT LOOKS LIKE IT WAS WOODEN. WOODEN UNDERNEATH ON THE BOTTOM AND THEN, AND THEN THAT WAS REPLACED WITH CONCRETE AT SOME POINT? I DON'T THINK IT'S CONCRETE. I THINK IT'S STILL PURE AND, AND BEAM, BUT THAT'S OKAY. MY GUESS. OKAY. ANYONE ELSE? OKAY, I HAVE A QUESTION. UH, SO PRIOR TO ANY WORK, 'CAUSE YOU, YOU'VE LIVED AT THIS, UH, THE NEIGHBORING HOUSE FOR QUITE A WHILE, IS THAT CORRECT? I DON'T LIVE THERE, BUT WE'VE OWNED IT FOR QUITE A WHILE, YES. OKAY. DO YOU, THERE'S TWO THINGS THAT ARE COMING OUT AT ME IS ONE OF THE CHANGES TO THE ROOF PITCH AND THEN, UH, THE ADJUSTMENTS TO HOW FAR THE ANY PORTION OF THE HOUSE HAS EVER BEEN FROM, FROM YOUR HOUSE. CORRECT. AND SO, SO ON SOME OF THE OLDER PICTURES, WHAT, WHAT I WOULD HOPEFULLY LIKE FOR YOU TO CLEAR UP IS DID YOU OBSERVE ANY PORTION OF THE PREVIOUS HOUSE, WHETHER IT'S A PORCH OR ANY PART OF A FOUNDATION THAT WAS IN THE SAME LOCATION THAT IT IS TODAY? NO, THAT'S A NEW STRUCTURE. SO IT, IT, NO PART OF HIS STRUCTURE WAS, WAS IN YOUR OPINION, WITHIN FIVE FEET OF THE SIDE PROPERTY LINE? NO, HE BUILT OUT OKAY. BECAUSE HE, HE WAS, WE HEARD TESTIMONY THAT ALL HE DID WAS COVER AN EXISTING, YOU KNOW, ENCLOS IN AN EXISTING PORCH, NOT EXTEND IT OUT ANY FURTHER. AND THAT'S WHAT I'M TRYING TO FIND OUT WAS, WAS THERE, WAS THAT COVERED PORCH IN THAT SMALL AREA LOCATED ALONG THAT SAME LINE? BUT AGAIN, I DON'T THINK HE'S BEING TRUTHFUL WITH YOU BECAUSE TODAY HE'S TELLING YOU THE PROPERTY WAS LIKE THAT BEFORE, BUT IN HIS PLOT. WELL, I WAS JUST WONDERING WHAT, WHAT, JUST WHAT YOU, WHAT YOU CAN RECOLLECT. WELL, WHAT I REC, WELL, NOT ONLY WHAT I CAN REC I SAW HIM BUILDING OUT. OKAY. THANK YOU VERY MUCH. UH, ARE THERE ANY MORE QUESTIONS FOR, FOR MR. CANTU? OKAY, UH, IF YOU COULD PLEASE TAKE A SEAT. YES. ALL RIGHT. SO WE CAN HAVE THE APPLICANT COME BACK UP. [00:55:01] UH, IS THERE ANY QUESTIONS FOR THE APPLICANT FROM THE COMMISSION? UH, COMMISSIONER MIN CHAKA, UH, I'M JUST TRYING TO CLARIFY AGAIN THAT YOU SAID YOU ONLY ENCLOSED THE PORCH YES. OR THE EXTENSION INTO THE CLOSET, BUT THE PORCH STUCK OUT. THAT MEANS THAT YOU ENCLOSED IT, BUT YOU EXTENDED THE WALL ALL THE WAY TO THE BACK AND ALL THE WAY TO THE FRONT. THAT'S WHAT I'M TRYING TO CLEAR UP IN MY MIND. SO I CAN SHOW YOU IN THE PICTURE THAT YOU HAVE. THIS ONE YOU PUT UP ON SCREEN. SO YOU CAN SEE THAT PICTURE RIGHT THERE HAS TWO WINDOWS. YOU CAN SEE THE TWO WINDOWS ON THE FRONT PORCH RIGHT NOW. YOU SEE THE NEW CONSTRUCTION HAS SAME TWO WINDOWS. ALL WE DID WAS REPLACE THE WINDOWS. SO BY LOOKING AT THAT, YOU CAN GET A IDEA THAT WINDOWS ARE SAME. THE THE PORCH IS STILL THERE. WE JUST MADE IT NEW BECAUSE IT'S BEEN OUT IN THE SUN AND ALL THAT. SEE THOSE TWO WINDOWS, THEY'RE STILL THERE. ORIGINAL, WE JUST REPLACED THE WINDOW, THE SIDE OF WINDOW. YOU CAN, BETWEEN THE NEW AND OLD PICTURE, YOU CAN PRETTY MUCH GUESSTIMATE, YOU KNOW, HOW MUCH YOU THINK I COME OUT. BUT I DID NOT COME OUT. ALL I DID WAS REPLACED ALL THE FORCE BECAUSE IT'S BEEN THERE FOR 40, 50 YEARS. WHATEVER IT WAS, IT WAS ROTTED. SO WE JUST FIXED THE PORCH AND THE, WHEN WE FIXED IT, IT, I TOLD THE CONTRACTOR IT'S TOO BIG BECAUSE IT'S ON THE SIDE TOO, JUST MAKE IT INTO CLOSET. SO HE JUST PUT A WALL IN THE FRONT AND WE JUST CLOSED IT FOR A PERMIT SIDE OF IT. UH, I DID GET ALL MY PERMITS, AC ELECTRIC FOUNDATION, EVERYTHING. IT WAS A MISUNDERSTANDING ON ZONING AND BETWEEN ME, BECAUSE WHEN MY CONTRACTOR LET'S, WE NEED TO STICK JERMAINE TO THE QUESTION. SO HE WAS JUST ASKING ABOUT THE PORCH EXTENSION. OKAY. IS THERE ANY OTHER ADDITIONAL QUESTIONS? COMMISSIONER MENCHACA? NO, 'CAUSE I'M TRYING TO ASSESS FROM THE DOOR, THE LENGTH OF THE DOOR ENTRANCE TO THE EDGE OF THE PORCH, IF THAT EXTENSION THAT HE WERE IN CONFLICT RIGHT NOW THAT HE ADDED OR NOT ADDED IF HE WENT TO THE END OF THE PORCH AND THEN BUILT OUT TO IT AND THEN BACK. THAT'S WHAT I WAS TRYING TO CLARIFY. OKAY. UH, SO, SO WHAT HE'S, HE'S TRYING TO ASK A VERY SPECIFIC QUESTION IS THAT IT APPEARS THAT YOU HAVE A COVERED PORCH, BUT IT LOOKS LIKE WHAT YOU DID WAS MAKE IT MORE SO AS FAR AS MORE GRAND, A LITTLE BIT LONGER. CAN YOU PLEASE COMMENT ON THAT? NO, UH, ON, UH, ORIGINAL APPLICATION SINCE IT WAS AT, UH, ONE MISTAKE I DID, WHEN I BOUGHT THE PROPERTY, I DID NOT ASK FOR SURVEY. SO I JUST, I SAW THAT ALLEY BETWEEN TWO HOUSES. SO I WAS GUESSING THAT IT'S FIVE FEET FROM MINE AND ELLIE HAS ABOUT 12 FEET IN BETWEEN BECAUSE, UH, ON ONE SIDE OF THE HOUSE I HAVE SEVEN FEET AND OTHER SIDE OF THE HOUSE I HAVE NOW I HAVE ZERO, ZERO LOCK LINE BECAUSE WHEN I, THE, THE PROPERTY LINE IS LIKE THIS AND HOW IT SITS ON AN ANGLE. SO WHEN I DID THE ADDITION IN THE BACK, IT KIND OF GOT CLOSER TO THE PROPERTY LINE. AND UH, SO WHEN I GOT MY SURVEY, UH, I DID THE STOP WORK, I SAID, NO, I CANNOT, I KNOW THE RULES. THIS IS MY LIKE SIX, SEVEN HOUSES. OKAY. SO I KNOW THE RULES. OKAY. SO WELL, WELL WE WANNA KEEP GERMAINE TO THE QUESTION. UH, DID, DID HE ANSWER THAT ADEQUATELY FOR YOU? UH, YES HE DID. THANKS. OKAY. IS THERE ANY OTHER QUESTIONS FOR THE APPLICANT? ANA COMMISSIONER, MANNA? SO, SO, YOU KNOW, LOOKING AT THIS PICTURE RIGHT HERE, SO IS THAT A WOOD WHITE FRAME UNDERNEATH OR IS THAT CONCRETE? NO, NO, IT'S NOT CONCRETE. OKAY. IT'S PURE BEAMS. WE JUST COVERED IT WITH THE HIDE, UH, HARDBOARD SIDING. OKAY. AND SO, SO ESSENTIALLY THE, THE PURE BEAM THAT IS THERE IS THE ORIGINAL PURE BEAM, THEN IT WASN'T REPLACED. UH, WE JUST REPLACED IT WITH THE FOUNDATION REPAIR. SO FOUNDATION. SO YOU DID FOUNDATION REPAIR WORK. SO YOU PULLED UP THE, YOU PULLED UP THE FLOORBOARDS AND REPAIRED THE FOUNDATION? YES, YES. OKAY. YES. AND SO THEN, SO, SO WHILE YOU'RE DOING THAT, YOU DID NOT GET A PERMIT TO DO THAT THEN? OH YES. WE HAD ALL THE PERMITS. I HAVE LISTED ALL THE PERMITS, UH, FOUND, UH, FOUNDATION. THESE ARE ALL THE PERMITS BY THE DATE THAT WE PULLED ON THIS HOUSE. OKAY. 'CAUSE 'CAUSE GENERALLY, YOU KNOW, 'CAUSE I ALWAYS ASSOCIATE, UM, THE SURVEY ASSOCIATED WHENEVER YOU'RE DOING, UH, FOUNDATION WORK THAT THE PERMITS OR THAT THE FOUND OR THAT THE SURVEY COMES INTO PLAY THERE. SO, SO KIND. YEAH. SO THAT'S TRYING TO FIGURE OUT WHY I SAID I MADE A MISTAKE, UH, GETTING A PROPERTY WITHOUT THE SURVEY BECAUSE YOU CAN SEE THE ALLEY IS STILL THERE. YOU CAN PRETTY MUCH TELL LIKE BETWEEN A SPACE BETWEEN TWO WINDOWS AND A CLOSET THAT I ADDED ONTO IT. [01:00:01] AND I EVEN CAME TO CITY TO MODIFY MY PERMIT SAYING THAT, LOOK, I NEED TO REDO THE ROOF BECAUSE I THAT ROOF, IF YOU DO THE SKY VIEW TO THE SKY VIEW ON THE OLD PROPERTY ROOF, OH YEAH, YOU'RE GONNA SEE THIS HOUSE HAS LIKE FOUR OR FIVE PITCHES. SO IT WAS HARD FOR MY CONTRACTOR TO CONNECT EVERYTHING. SO HE JUST SAID, WHY DON'T YOU JUST REROOF, UH, REROOF THE, UH, APPLICATION UPDATE AND THEN WE CAN JUST DO REROOF. SO WE DID UPDATE THE APPLICATION. OKAY. UH, ANY OTHER ADDITIONAL QUESTIONS? THAT'S IT. THANK YOU. UH, ANYONE ELSE? UH, QUESTION FOR STAFF MR. ZUNA, IN REGARDS TO THE ROOF PITCH AND SUCH, IS THERE A PERMIT ON FILE WITH THE CITY THAT, UM, ADDRESSES THE ROOF PITCH AND UH, IS THERE A PERMIT ON FILE, UH, FOR THE ROOFING? WAS A ROOFING PERMIT PULLED? WELL, I KNOW THAT THERE WAS, UH, GENERAL REPAIR PERMITS THAT IT MAY ALL BE PART OF ONE LARGER PERMIT. WE'D HAVE TO GO INTO THE SYSTEM AND LOOK TO SEE IF IT WAS INDIVIDUAL SPECIFIC TRADE PERMIT. RIGHT. OKAY. SO, OKAY, I I HAVE A QUESTION. SO WHEN YOU BOUGHT THIS LAND, DID PER UH, THIS PROPERTY, DID YOU GET TITLE INSURANCE ON IT? UH, IT MIGHT HAVE IT. THE REASON WHY I ASK IS THAT WHEN YOU GET TITLE INSURANCE, THEY WOULD GIVE YOU A TITLE SURVEY. AND I'M TRYING TO FIGURE OUT, DID YOU GET A SURVEY PRIOR TO COMMENCEMENT OF ANY BOY? UH, ACTUALLY THIS HOUSE WAS A DEMO HOUSE. THE COURT WAS GONNA KNOCK IT DOWN BECAUSE THERE WAS A LOT OF ISSUE WITH THE DRUGS AND HOME LOAD AND STUFF LIKE THAT. SO WE JUST SAVED IT FROM THE COURT AND MADE IT INTO THIS HOUSE RIGHT NOW. OKAY. THANK YOU. IT'S FOR A QUICK CLAIM OR SOMETHING. YEAH. OKAY. UH, ANY OTHER QUESTIONS? UH, HEARING NONE, UH, YOU'VE GOT, UH, WE'LL GIVE YOU TWO MINUTES TO PROVIDE ANY SORT OF A REBUTTAL FROM EVERYTHING YOU'VE HEARD TODAY. IF YOU COULD JUST PLEASE, UH, WHATEVER YOU THINK WE SHOULD, WE SHOULD HEAR, UH, BEFORE WE DELIBERATE. OKAY. SO, UH, ZONING, WHEN I, MY CONTRACTOR CALLED ME, HEY, I FOUND THE PAPER. HE SAYS, STOP WORK ORDER. SO I CAME TO CITI AND THEY SAID, OH, YOU HAVE TO GO TO ZONING BECAUSE YOU ARE TOO CLOSE TO THE PROPERTY LINE. SO I WALK INTO THE ZONING DEPARTMENT, I SIGN MYSELF IN THERE AND ASKED THE LADY, UH, I'M, I'M INTO THIS PROPERTY LINE TOO CLOSE, WHAT SHOULD I DO NOW? BECAUSE I TOLD MY CONTRACTOR, DON'T GO FORWARD BECAUSE I KNOW THE RULES. YOU KNOW, LIKE FIVE FEET, I NEED MINIMUM FIVE FEET. SO SHE LOOKED AT SOMETHING IN THE COMPUTER AND SHE TOLD ME IN THIS SPECIFIC NEIGHBORHOOD, WE ALLOW ZERO LOT LINE BECAUSE OTHER SIDE OF THE HOUSE IS A MORE SPACE. SO SHE DID NOT TELL ME, UH, SPECIFICALLY, I HAVE TO DO ALL THIS. IF SHE WOULD'VE TOLD ME I WOULD'VE DONE IT, WHY SHOULD I SPEND HUNDREDS OF THOUSANDS IN DOLLAR AND STILL COME TO THE SAME SPOT? I WOULD'VE DONE IT LONG TIME AGO BECAUSE NOW I HAVE TO PAY FOR PLUMBING, ELECTRICIAN, BATHROOMS, FRAMING, SIDING, ROOFING, EVERYTHING AGAIN. WHY SHOULD I DO THAT? I'VE EITHER JUST DO IT BACK THEN FOUR YEARS AGO BECAUSE THIS IS LIKE ONGOING FOUR YEARS PROJECT, YOU KNOW, IT'S NOT LIKE I DID IT IN ONE DAY. YOU KNOW, IF THEY HAD ISSUE, THEY SHOULD HAVE TOLD ME SOMETHING TOO. YOU KNOW, MY NEIGHBOR, WHY AFTER FOUR YEARS THEY SHOULD, OH, THERE'S A ISSUE. I WENT TO ZONING. THAT'S THE WHY. FIGURE OUT THE PROBLEMS. AND THAT'S WHEN I STOPPED THE WORK WE FIXED, WE FIXED ALL THE, UH, ZONING SAID OKAY. THEN WHEN I TOLD MY CONTRACTOR TO GO FORWARD WITH THE WORK, BUT SHE DID NOT LIKE C D DID NOT TELL ME, HEY, WE NEED SOMETHING IN WRITING, I WOULD'VE ASKED THE LADY LIKE, HEY, CAN YOU GIMME SOMETHING IN WRITING BECAUSE I HAVE A STOP WORK ORDER. SO IN THAT KIND OF CONFUSION, I END UP HAVING A ZERO LOT LINE AND HOUSE IS COMPLETE, BUT I COULDN'T DO ANYTHING BECAUSE I JUST FOUND OUT COUPLE DAYS AGO BECAUSE I WAS GOING WITH THE LADY TOLD ME LIKE, IN THIS SPECIFIC NEIGHBORHOOD, YOU ARE OKAY WITH ZERO LOT LINE. SO I WAS RELEASED BECAUSE I DON'T KNOW, BACK IN THE DAYS, I STILL HAVE TO CUT THE FIVE FEET OFF THE HOUSE. SO I WAS LIKE, OKAY, I CAN DO IT BECAUSE IN THIS NEIGHBORHOOD IT WAS OKAY. BUT THEN EVERYTHING HAPPENED. AND NOW WHEN I WENT TO CLOSE ALL MY PERMITS, THAT'S WHEN THEY ASKED ME LIKE, HEY, GET US SOMETHING IN THE WRITING. I WAS OKAY WITH IT BECAUSE I ALREADY ASKED HER FOUR YEARS AGO, LIKE, I'M OKAY WITH ZERO LIFELINE. SO I WENT BACK TO ZONING SO THEY COULDN'T FIND ANY DATABASE SUPPORTING FOUR YEARS WHAT I GOT FROM THE LADY WHEN I WAS, WHEN I HAD MY STAFF WORK ORDER. SO THAT'S WHEN EVERYTHING START AND [01:05:01] I APPLIED AGAIN HERE TO WORK WITH THIS HOUSE, THIS BEAUTIFUL HOUSE. IF I SHOW YOU INSIDE, THE HOUSE IS COMPLETE. AND THEY ALREADY BROKE INTO HOUSE ON 28TH AND TOOK EVERYTHING OUT OF THE HOUSE. OKAY. AND THIS IS THE SECOND TIME THEY BROKE IN. SO I'M JUST TRYING TO GET IT DONE RIGHT. YOU KNOW, I DON'T HAVE NO PROBLEM FIXING A WALL FIRE, RED IT, MOVING A WINDOW. I'M OKAY WITH EVERYTHING. OKAY. UM, THANK YOU VERY MUCH. UH, IS THERE A COMMISSIONER, UH, THAT WOULD LIKE TO MAKE A MOTION ON THIS CASE? UH, THE APPLICANT IS ASKING, UM, FOR A, FOR A UH, FOUR FOOT, EIGHT INCH VARIANCE, UH, WITH TWO INCH GUTTERS AND STAFF IS RECOMMENDING A TWO FOOT VARIANCE. UM, UH, TO THIS, IS THERE A COMMISSIONER WHO WOULD LIKE TO, UH, MAKE MOTION, MR. CHAIR? UM, SO WE'D LIKE TO GET KIND OF A, A PULSE OF THE COMMISSION, RIGHT? IF, IF, IF, IF THIS VARIANCE IS DENIED AS READ, THEN HE'D HAVE TO AC COMPLY WITH THE FIVE FOOT SETBACK. IF WE MAKE AN ALTERNATE RECOMMENDATION, IF THE CITY'S RECOMMENDING AND MAY GET SOME APPROVAL OF THE BOARD, THAT MAY BE A RELIEF TO THE APPLICANT. AND WE SAW WHERE THE ONE, YEAH, I KNOW WHAT YOU'RE GETTING. I, I WOULD SUGGEST, UM, MAKING A MOTION WITH, WITH THE ALTERNATE RECOMMENDATION AND THEN POLLING THE COMMISSION. UH, WE'RE, WE'RE SIR, UH, IF THEY ARE OKAY WITH WHATEVER I SAY, I DON'T MIND COVERING THEIR LEGAL COSTS. WHATEVER'S UP TO NOW. WE, WE CAN'T HAVE ANY I KNOW THAT IN ANYTHING, SO I'M JUST SAYING. OKAY. SO WITH THAT, UH, OH, I WOULD RECOMMEND THAT, UH, WE HAVE TO HAVE A STARTING POINT BEFORE WE CAN MAKE ANY ADJUSTMENTS. SO YOU CAN EITHER START WITH AS READ AND WE CAN MAKE AN AMENDMENT, UH, OR, OR WE JUST READ, UH, THE ALTERNATE IN AND WE CAN MAKE AN AMENDMENT. SO I WILL MAKE A MOTION, MR. CHAIR. OKAY. AND MY MOTION'S GONNA BE BASED ON THE CITY'S ALTERNATE MOTION BECAUSE I FEEL THAT THAT'S THE BEST CHANCE OF GETTING SOME RELIEF BETWEEN THE APPLICANT AND THE OPPOSITION OF THE NEIGHBOR. OKAY? OTHERWISE, IF THE MOTION FAILS, THEN YOU'D HAVE TO COMPLY WITH THE FIVE FOOT. I JUST DON'T FROM THE READ OF THE BOARD, FEEL LIKE WE HAVE THAT. SO I'M GONNA MAKE A MOTION, MR. CHAIR, REGARDING CASE NUMBER BO A DASH 21 DASH 3 0 0 0 9 0. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT A, UH, TWO FOOT VARIANCE FROM A MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ADDITION WITH TWO INCH GUTTERS TO BE THREE FEET FROM THE SIDE PROPERTY LINE SITUATED AT 3 4 3 BANK STREET AF APPLICANT BEING TORAN, UH, GHA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITTLE, LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECI, SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. THE REQUEST TO ALLOW THE ENCROACHMENT TO THE SITE SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST. SO THE APPLICANT HAS ADEQUATE SPACE FOR THE ADJACENT STRUCTURE DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT ANY SPECIAL CONDITION THAT IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP BY OPPOSING A LITTLE ENFORCEMENT, THE STRUCTURE WOULD NEED TO BE MOVED BACK A FULL FIFE. 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 THE SPACING BETWEEN NEIGHBORING STRUCTURES, WHICH IS OBSERVED IN THIS CASE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATIONS 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 USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO REDUCE A PORTION OF SIDE SETBACK DOES NOT POSE A SUBSTANTIAL, SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE ADJACENT STRUCTURE IS SETBACK ON THE PROPERTY MORE THAN FIVE FEET. SO THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH OF THE VARIANCE IS SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, OR NOT NEAR TO DUE TO, OR THE RESULT OF GENERAL CONDITIONS. AND THE DISTRICT WAS, THE PROPERTY IS LOCATED, THE BOARD FINDS THAT THE APPLY, THE PROPERTY OWNER IS SAW DUE TO THE UNIQUE CIRCUMSTANCE EXISTING ON THE PROPERTY, IS NOT MERELY FINANCIAL IN NATURE. AND A MOTION, IS THERE A SECOND? SECOND. A MOTION BY COMMISSIONER ZUNA, A SECOND BY COMMISSIONER TEAL. UH, MAY, I'M SORRY, COMMISSIONER MAY I, AND, UH, COMMISSIONER ZUNA, PLEASE LEAD THE DISCUSSION. SO THIS IS PROBABLY ONE OF THE TOUGHEST CASES THAT I'VE ENCOUNTERED HERE AT THE BOARD. I MEAN, THERE, THERE ARE SOME EXTENUATING CIRCUMSTANCES HERE, BUT I DO BELIEVE THAT THE PROPERTY OWNER, UM, YOU KNOW, HAD HAD [01:10:01] ABILITY TO REMEDY, YOU KNOW, WITH, WITH PULLING A SURVEY, WITH REVIEWING THE SETBACKS, UM, HE SAW THE STOP WORK ORDER THAT THAT WAS ISSUED BY THE CITY A NUMBER OF TIMES. UM, AND THE PROPERTY OWNER THAT'S MOST AFFECTED BY THIS BUILD BUILDING, UH, HAS RIGHTS ALSO. AND SO I BELIEVE THAT BY GOING WITH THE CITY'S SUGGESTED VARIANCE IS NOT A WIN FOR THE APPLICANT. AND IT'S NOT NECESSARILY A FULL WIN FOR THE INJURED PARTY AS WELL, BUT IT PROVIDES SOME RESOLUTION VERSUS NO RESOLUTION WHERE YOU'D HAVE TO ABIDE BY THE FULL FIVE FOOT SETBACK. SO, VERY, VERY DIFFICULT CASE THAT I FEEL FOR THE APPLICANT HERE, BUT I THINK THE, THE VARIANCE I'VE READ IS NOT THE BEST SOLUTION, BUT IS A SOLUTION COMMISSIONER MANNA. SO I, I, I KIND OF AGREE WITH MY COLLEAGUE, UH, WITH REGARDS TO, YOU KNOW, WE ARE CERTAINLY IN A, IN A TOUGH SPOT HERE. UM, YEAH, I THINK THAT, YOU KNOW, YOU KNOW, SURVEYS ARE GOOD AND SO, SO, AND, AND IF YOU'RE IN A BUSINESS AND IF THIS IS YOUR BUSINESS, SURVEYS ARE EVEN BETTER BECAUSE THAT CERTAINLY PROTECTS YOU. SO, SO I'M STRUCK A LITTLE BIT EVEN SUPPORTING THIS, BUT, UH, BECAUSE IT IS ACID RECOMMENDATION AND I THINK THAT IT IS WORKING TOWARDS A COMPROMISE THAT I WILL BE SUPPORTING IT. ANY OTHER COMMISSIONERS LIKE TO ADD BRAGMAN? COMMISSIONER BRAGMAN? UH, I'M GONNA SUPPORT THE MOTION. I'M NOT EXACTLY WILD ABOUT IT, BUT I THINK THE ALTERNATIVE IS WORSE. UM, I JUST GO BACK TO THE PICTURES FROM 2016 OF THE HOUSE. AS IT WAS. IT APPEARS THAT HE'S NOT EXTENDED THE HOUSE, UM, EXCEPT FOR ONE PORTION, WHICH WAS MADE INTO A CLOSET. IT WAS THE EXISTING, UM, PORCH ON THE SIDE. BUT IF YOU GO FURTHER BACK, IT LOOKS TO BE THE PROPERTY, THE EDGE OF THE HOUSE IS STILL IN THE SAME LOCATION AS IT WAS BEFORE. SO, BUT GIVEN THE ALTERNATIVE, I, I THINK THIS IS THE BEST SOLUTION. THANK YOU. ANYONE ELSE? UH, I'M JUST GONNA ADD THAT, UH, I AGREE WITH THE ALTERNATE MOTION. I THINK THE EXISTING HOME, UH, MAY HAVE BEEN PRETTY MUCH RIGHT ON THE PROPERTY LINE, AT LEAST A SMALL PORTION OF IT. HOWEVER, IN THE STATE OF DILAPIDATION THAT IT WAS, THE SORT OF REMODEL WOULD, UH, REQUIRE FULL COMPLIANCE. AND I THINK A TWO FOOT VARIANCE IS A GOOD COMPROMISE. SO WITH THAT STAFF, PLEASE READ, UH, TAKE ROLL CALL. ROLL CALL. VOTE. MR. MENCHACA. I CONCUR. MS. CRUZ? YES. EXCUSE ME. YES, I CONCUR. MR. MANA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MS. MEESE? I CONCUR. MR. ALBERT. I DO NOT CONCUR. MR. VASQUEZ. I CONCUR. MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. UNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. I BELIEVE THE VOTE WAS, UH, 10 TO ONE. SO, UH, SIR, IF YOU COULD PLEASE GET WITH STAFF, THEY'LL TALK TO YOU ABOUT WHAT TO DO MOVING FORWARD. THANK YOU. NEXT CASE, PLEASE. AGENDA ITEM NUMBER [4. 21-5377 BOA-21-10300106] FOUR IS CASE BO, O A 2 1 1 0 3 0 106. LOCATED IN THE 9,800 BLOCK OF TEXAS HIGHWAY 1 51 WITHIN COUNCIL DISTRICT SIX, THE APPLICANT BEING S D S D I. WINDOW PLAZA, L L C. THE REQUEST IS FOR VARIANCES FROM THE HIGHWAY 1 51 GATEWAY CORRIDOR DESIGN STAND, UH, SIGN STANDARDS, INCLUDING ONE A 264 SQUARE FOOT SIGN VARIANCE FROM THE 300 SQUARE FOOT MAXIMUM TO ALLOW A MULTI-TENANT SIGN, SIGN FACING STATE HIGHWAY 1 51 TO BE 564 SQUARE FEET. TWO IS A 174 SQUARE FOOT SIGN VARIANCE FROM THE 200 SQUARE FOOT MAXIMUM TO ALLOW A MULTI-TENANT SIGN FACING NORTH HUNT LANE TO BE 374 SQUARE FEET. THE ZONING OF THE PROPERTY IS A GENERAL COMMERCIAL. UH, THE PROPERTY IS LOCATED ON THE CORNER OF NORTH HUNT LANE AND 1 51. UM, THERE, IT IS LOCATED WITHIN THE 1 51 GATEWAY CORRIDOR, UH, OR OVERLAY DISTRICT. THE HEIGHT OF THE SIGNS ARE NOT IN VIOLATION OF THE SIGN CODE. UM, SO THEY'RE ONLY SEEKING THE VARIANCE TO THE SQUARE FOOTAGE OF THESE MULTI-TENANT SIGNS. [01:15:02] SO AGAIN, THE MAXIMUM FOUR SIGNS FACING 1 51 IS 300 SQUARE FEET. THEY'RE PROPOSING 564. AND THEN THE MAXIMUM FOR SIGNS FACING NORTH HUNT LANE IS 200 SQUARE FEET, AND THEY'RE ASKING FOR 374 SQUARE FEET. UM, SIGN STAFF DID REVIEW THE REQUEST. UM, IT DIDN'T HAVE ANY OBJECTIONS DUE TO THE REQUEST ABIDING BY THE HEIGHT LIMITATION. HERE'S AN IMAGE OF THE SITE PLAN THAT SHOWS THE LOCATION OF THE TWO SIGNS AND THE SUBJECT PROPERTY AS WELL AS THE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL IN BO O A 2 1 1 0 3 0 0 1 0 6 BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE PROPOSED SIGNS COMPLY WITH THE HEIGHT AND SPACING RESTRICTIONS IN PLACE BY THE TEXAS 1 51 GATEWAY CORRIDOR. TWO, THE PROPOSED SQUARE FOOTAGE OF THE SIGN FACING TEXAS HIGHWAY 1 51 IS 564 SQUARE FEET. THREE. THE PROPOSED SQUARE FOOTAGE OF THE SIGN FACING NORTH HUNT LANE IS 374 SQUARE FEET. AND FOUR D SS D PLAN REVIEW STAFF DID NOT FIND ANY ADVERSE EFFECTS. STAFF MAILED 69 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET. NONE WILL RETURN IN FAVOR, NONE IN OPPOSITION, AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION. UM, THAT CONCLUDES STAFF PRESENTATION. THANK YOU. UH, IS THE APPLICANT HERE, SIR, COME ON UP AND, UH, STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN BEGIN YOUR PRESENTATION. THANK Y'ALL. MY NAME IS BRIAN WEXLER. MY ADDRESS IS 16 6 0 5 IN TRAIL AUSTIN, TEXAS. UM, AND OKAY, APPRECIATE IT. THANK Y'ALL FOR REVIEWING OUR CASE, UM, OUR REQUEST. AND, UM, SO WE ARE, UH, DEVELOPING THIS PROJECT WITH, UH, FOUR SPROUTS FARMER'S MARKET FOR IT TO BE THEIR THIRD LOCATION IN THE CITY OF SAN ANTONIO. AND WE'RE VERY EXCITED ABOUT THAT OPPORTUNITY. AND SO I THINK IF I'LL BE HAPPY TO ANSWER ANY QUESTIONS. UM, THE SIGNS ARE COMPATIBLE ARCHITECTURALLY, UH, WITH THE, UH, WITH THE DESIGN OF THE CENTER AND, UH, WE THINK REALLY AESTHETICALLY, UH, VERY PLEASING AND, UH, BENEFIT TO, TO THE, UH, TO THE COMMUNITY. AND, UH, WE'VE ALSO GOT THE ARCHITECTURAL REVIEW COMMITTEE FOR WESTOVER HILLS AND MR. UH, WINDER'S HERE TODAY, WHO'S PRESIDENT OF THAT COMMITTEE AND AND ASSOCIATION. AND, UH, THEY'VE APPROVED GIVEN US THE APPROVAL FROM THE, FOR THE ARCHITECTURAL REVIEW COMMITTEE, UM, POINT OF VIEW. AND SO HAPPY TO ANSWER ANY QUESTIONS ANYBODY MIGHT HAVE. OKAY. UH, BEFORE WE DO THAT, QUICK QUESTION FOR STAFF, ANYONE SIGNED UP TO SPEAK? THERE IS ONE PERSON SIGNED IN TO SPEAK. OKAY. SIR, IF YOU COULD PLEASE TAKE A SEAT. WE'LL, WE'LL HEAR FROM, UM, RESIDENT COMMENTARY. THANK YOU. AND WE MAY HAVE QUESTIONS FOR YOU. SO, UM, YEAH, I'LL JUST, YEAH, JUST STAY IN THE FRONT ROW. MR. WENDER, DID YOU WANNA SPEAK? MR. WENDER? IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, AND THEN YOU CAN BEGIN YOUR PRESENT. UH, THANK YOU. MY FULL NAME IS CHARLES MARTIN WINDER. THEY CALL ME MARTY. UH, I STARTED DEVELOPING WESTOVER HILLS IN 1983. WE DONATED THE LAND FOR 1 51. SIGNAGE IS VERY IMPORTANT TO US. WE DO NOT LIKE OVERS SIGNED. WE DONATE THE LAND ONE PREREQUISITE. THERE WOULD NEVER BE A BILLBOARD OR 1 51, AND THERE IS NEVER WILL BE ONE. UH, THAT WAS PART OF THE DEAL WITH THE STATE OF TEXAS, THE CITY OF SAN ANTONIO. UH, WE HAVE A ARTISTIC CONTROL COMMITTEE. WE HAVE A LOT OF VERY STRICT RULES ON SIGNAGE. AND, UH, WE MET ON THIS. WE'VE NEGOTIATED. THEY WANTED A LARGER SIGN. WE NEGOTIATED DOWN. WE'VE APPROVED, UH, AS, AS YOUR STAFF HAS. UH, [01:20:01] ONE OF THE MAJOR REASONS WAS THERE'S NOT A LOT OF SIGNAGE ON, ON THIS PART OF, OF THE ROAD. AND ALSO THE FREEWAY GOES UP ABOVE. IT'S A HIGH THERE, AS YOU CAN SEE. AND WE THINK IT'S IMPORTANT TO GRANT THAT BECAUSE PEOPLE ARE DRIVING BY 60 MILES AN HOUR AND THE SIGN NEEDS TO BE A LITTLE BIT BIGGER, AND WE DON'T WANT PEOPLE GETTING LOST TRYING TO GET TO IT. WE, AGAIN, WE, WE, WE'VE APPROVED IT, UH, AND WE, UH, UH, RECOMMEND OR ASK YOU TO APPROVE IT ALSO. AND ANY QUESTIONS OF ME, UH, WE'LL SEE. UH, THERE ANY QUESTIONS FOR MR. WENDER? OH, ZINA, UH, COMMISSIONER ZUNA. MR. WENDER. UM, ALL RIGHT. WHAT, WHAT I ARE YOU ALLOWED BY WRIGHT AND HOW ARE YOU, UM, REDUCING OR, OR AS PART OF THIS REQUEST? I'M SORRY, I DIDN'T HEAR YOU. THE HEIGHT, WHAT HEIGHT ARE YOU ALLOWED BY? RIGHT ON THE SIGNAGE. AND WHAT ARE YOU REDUCING? WHAT IS YOUR HEIGHT LIMIT? AND WE'RE, UH, 40 FEET. AND BY, RIGHT? WHAT, WHAT, I BELIEVE THAT'S THE PRESCRIPTION FOR THE HEIGHT OF THE SIGN IS IT'S ALLOWED TO BE 40 FEET. 40 FEET. OKAY. SO YOU'RE YES, SIR. BEATING THE HEIGHT REQUIREMENT? YES, SIR. OKAY. THANK YOU. THANK YOU. UH, ANY OTHER QUESTIONS? UH, COMMISSIONER MIN CHAKA, I NOTICED THAT, UH, YOU WANT TO GO FROM 300 TO 564 SQUARE FEET. YES, SIR. THAT'S ABOUT AN INCREASE OF, UH, 88%. THAT'S QUITE A BILLBOARD YOU GOT OUT THERE. IS THAT THE ONLY ONE THAT'S OUT THERE THAT BIG OR IS THIS GONNA BE THE ONLY ONE? THE, THE, IT WILL BE THE ONLY SIGN ON 1 51. UH, THERE'S THE QUICK TRIP SIGN ON THE CORNER, THERE'S A SEPARATE PROPERTY, AND THEN WE WILL HAVE A, A, A SLIGHTLY SMALLER SIGN ON HUNT LANE. AND IT'S MR. WINDER NOTED BECAUSE OF THE FREEWAY AND HOW FAST PEOPLE ARE GOING BY, WE'VE ASKED THAT IT, THE, THE SIZE, NOT THE HEIGHT, BUT JUST THE SIZE OF THE SQUARE FOOTAGE OF THE SIGNAGE BE INCREASED. RIGHT. I SAW THAT. AND I WAS LOOKING AT THE AREA AND ALL THAT AND REALIZED THAT SOME OF THE OTHER ONES WERE NOT AS BIG AS THE ONE YOU'RE REQUESTING BILLBOARDS, LIKE, AND I DIDN'T KNOW IF THERE WAS SOME SORT OF A, A FORMULA TO SAY THAT THE 20 SOME ODD STORES THAT I COUNTED OUT THERE RIGHT NOW, JUST LOOKING, YOU NEED A BIGGER SIGN TO SEE ALL THOSE 20 STORES IS WHAT YOU'RE SAYING? WELL, WE DON'T KNOW EXACTLY HOW MANY STORES, BUT YES SIR, WE, WE NEED A BIGGER SIGN TO ACCOMMODATE THE MULTI-TENANTS THAT ARE GONNA BE IN THE SHOPPING CENTER. THANK YOU. THANK YOU. ANY OTHER QUESTIONS? I'M SORRY, I'M NOT FAMILIAR. UH, COMMISSIONER, UH, I HAVE A QUESTION, SIR. OH, YES. HOW WILL THE SIGN BE ILLUMINATED? INTERNALLY ILLUMINATED WITH, I, I BELIEVE IT'S FLUORESCENT, BUT IT'S, OR IT MAY BE L E D, BUT IT'S INTERNALLY ILLUMINATED. THANK YOU. SO WE'VE GOT THE DESIGN IF YOU'D LIKE TO SEE IT. OKAY. ANY OTHER QUESTIONS? MANNA, COMMISSIONER MANNA, THIS QUESTION'S FOR MR. WEER. OH. OH, SO, SO I WAS, UH, ONE OF THE FIRST TENANTS OUT THERE, LIVED IN ONE OF THE FIRST TENANTS RIGHT HERE. OKAY. UM, WITH THE MASK. I CAN'T SEE WHO STALKER. YES, SORRY, SORRY. WAS ONE OF THE FIRST TENANTS OUT THERE. AND I REMEMBER ACTUALLY MEETING YOU MANY, MANY, MANY YEARS AGO WHEN IT FIRST CAME IN ON THE OTHER SIDE OF WESTOVER. AND SO, SO PART OF THE DIALOGUE WE HAD THEN WAS ABOUT KEEPING THE AREA, YOU KNOW, YOU KNOW, PRISTINE. RIGHT. AND, UH, OUR BUILDING, WHICH IS VERY LARGE OUT THERE, YOU CAN'T EVEN SEE FROM THE STREET. AND SO KIND OF DESIGNED THAT WAY. SO, SO IT'S, SO THERE'S SOUND LIKE THERE'S A CHANGE GOING ON THEN FOR WHAT IS THAT WE'RE GOING TO ALLOW TO, HOW THAT, HOW YOU WANT THAT AREA DEVELOPED THEN. I, I'M SORRY. I HAVE A HARD, SO HOW, SO, SO IT SOUNDS LIKE YOU WANT TO CHA YOU'RE ALLOWING FOR CHANGES TO OCCUR ON HOW, WHAT THE ORIGINAL DEVELOPMENT DESIGNS WERE IDEAS WERE TO WHAT IT IS NOW? WELL, YES, THIS, THIS PROPERTY FROM THE VERY BEGINNING WHEN, UH, WHEN I BOUGHT THE LAND IN 83, IT WAS NOT IN THE CITY OF SAN ANTONIO. WE BROUGHT IT IN THE CITY OF SAN ANTONIO. UH, THE, WE, WE A APPLIED AND WAS GRANTED C THREE FOR ALL OF IT. AND THEN ALL THE ZONING HAS BEEN DOWN ZONING FROM THERE. AND, UM, WE, WE'VE BEEN VERY, AGAIN, WHAT I DON'T LIKE IS A LOT OF, BUNCH OF LITTLE SIGNS. I'D RATHER HAVE ONE LARGE SIGN THAN A BUNCH OF LITTLE SIGNS. AND THAT'S WHAT WE TRY TO GET AWAY FROM. AND IF YOU ALSO TOOK A LOOK AT THE DRAWINGS, YOU TAKE A LOOK AT THE LANDSCAPING. I KNOW THE CITY HAS LANDSCAPING, UH, ORDINANCES. OURS ARE MORE STRICT. SO ANYTHING WE DO, OUR SIGNAGE ORDINANCES AS FAR AS THE ARCHITE CONTROL COMMITTEE IS STRICTER THAN THE CITIES. AND, UH, SO IS THE, UH, UH, THE LANDSCAPING. SO IT'S VERY, VERY IMPORTANT. AND WE JUST, WE JUST DON'T LIKE A BUNCH OF SIGNS. WE JUST LIKE TO HAVE FEW AND FAR APART. AND AGAIN, THERE'LL NEVER BE A, A BILLBOARD IN, IN ON 1 51. AND THAT'S ALL THE WAY FROM HIGHWAY 90 TO 1604. OKAY. THANK YOU. AND SO THIS FOR THE DEVELOPER, SECOND QUESTION FOR THE DEVELOPER. OH, YES SIR. SO, SO, UM, CAN YOU BRING UP THE MAP AND THEN SHOW WHERE THE, THE, THE [01:25:01] STREET SIGN WHERE THE PLANNED STREET LOCATION OR THE SIGN LOCATION'S GONNA BE ON HUNT LANE? UM, 'CAUSE IT DOES LOOK LIKE THERE'S RESIDENTIAL PROPERTIES ON THE BACKSIDE. SO WILL THEY BE ABLE TO SEE THAT SIGN FROM THEIR PROPERTIES? THERE MIGHT BE, UH, LIKE THE CORNER PROPERTY MIGHT HAVE SOME, UH, VISIBILITY TO IT. I'M, I'M NOT SURE. UM, THE, THE SIGN IS RIGHT THERE OFF OF THE, UH, ON HUNT LANE, JUST, UH, JUST OFF THE PROPERTY LINE OF THE QUICKTRIP, WHICH IS THE, THE, UH, SQUARE THERE ON THE CORNER. AND, UH, SO IT, THERE WILL BE EVENTUALLY THERE WILL BE SOME BUILDINGS CONSTRUCTED. SO I, I'M NOT SURE EXACTLY WHAT THE SITE LINES FROM THE DIFFERENT LOTS WILL BE. SO, BUT THE HEIGHT, THE HEIGHT ISN'T CHANGING, I MEAN, RIGHT. SO THE HEIGHT'S GONNA STAY THE SAME, BUT, WELL, I GUESS PART OF THE DIALOGUE IS, YOU KNOW, A BIGGER SIGN, BIGGER SQUARE FOOTAGE, BIGGER LIGHTING, YOU KNOW, THAT'S GONNA BE VISIBLE TO THOSE, YOU KNOW, TO, TO THE RESIDENTS THERE. AND SO, SO IT'S ALWAYS A CONCERN OF MINE. OH, I, I APPRECIATE AND WE APPRECIATE THAT AS WELL. AND, UM, SO THE, THE, I'M NOT SURE THE SIGHTLINES, I GUESS IS THE ANSWER. OKAY. THANK YOU. ANY OTHER QUESTIONS? OKAY, I HAVE A QUESTION. UH, SIR, YOU CAN COME. IT'S OKAY. UM, SO WHAT, ON THE SITE PLAN PARCEL NUMBER TWO, THAT WOULD BE, UH, A POTENTIAL, UM, UH, PART OF THE SIGN ON HUNT LANE, IS THAT CORRECT? UH, WHICH DRAWING IS THAT STAFF YOU CAN BRING UP THAT THERE'S A, A SITE PLAN THAT SHOWS ASSIGNED LOCATIONS ON THE APPLICATION. YEAH, YEAH. THAT, THAT, SO WHAT YOU HAVE LABELED AS PARCEL TWO, UH, WOULD, WOULD THEY BE ON THE SIGN THAT'S ON HUNT LANE OR THEY, WOULD THERE BE A POTENTIAL FOR ANOTHER SIGN? LET ME JUST LET LOOKING FOR PAR. OH, FOR PARCEL TWO, THEY WOULD, UH, BE POTENTIALLY ON BOTH. OKAY. SO THERE WOULDN'T BE ANOTHER SIGN. I'M JUST TRYING TO MAKE SURE ANOTHER PILE ON SIGN. NO POTENTIAL FOR ANOTHER SIGN NEAR THE ONE ON HUNT LANE, NOT ANOTHER PILE ON SIGN. OKAY. THERE MAY BE IN THE FUTURE A SMALLER MONUMENT SIGN, BUT WE'D HAVE TO COME IN FOR AN APPLICATION FOR OKAY. AND STAFF, IS THERE A, UH, MASTER SIGN PLAN ON THIS? UH, THERE WAS NO MASTER SIGN PLAN. IT WAS JUST DUE TO THE GATEWAY CORRIDOR OVERLAY. OKAY. I DIDN'T KNOW IF THERE WAS ANYTHING PRE-PLANNED OUT PRIOR TO THE ADOPTION OF THE GATEWAY CORRIDOR. 'CAUSE I, WE HEARD TESTIMONY THAT THIS WAS ORIGINALLY PURCHASED IN 83. I WAS JUST CURIOUS. OKAY. I HAVE NO MORE FURTHER QUESTIONS. ANY OTHER QUESTIONS BEFORE WE MOVE FORWARD? OKAY. SO WHAT WE HAVE NOW IS WE'VE, YOU'VE HEARD SOME QUESTIONS FROM THE COMMISSION, UH, YOU'VE GOT A COUPLE MINUTES IF YOU WANNA PROVIDE ANY CLOSING REMARKS BEFORE WE DELIBERATE. WE ARE EXCITED ABOUT BEING A PART OF THE COMMUNITY AND, AND EVERYBODY'S BEEN GREAT TO WORK WITH AND WE APPRECIATE THAT. AND WE'RE LOOKING FORWARD TO GET THE, UH, SPROUTS BUILT AND OPEN FOR LATE 22, UH, 2022. AND, UH, SO THANK Y'ALL AGAIN FOR HEARING OUR REQUEST AND, AND WE APPRECIATE IT. THANK YOU. THANK YOU. IS THERE A COMMISSIONER? I'D LIKE TO MAKE A MOTION. I YOU COMMISSIONER TEAL REGARDING CASE NUMBER B O A DASH 21 DASH 0 3 1 0 6. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR THE HIGHWAY 1 51 GATEWAY CORRIDOR DESIGN STANDARDS, INCLUDING ONE OF 264 SQUARE FOOT SIGN VARIANCE FROM THE 300 SQUARE FOOT MAXIMUM TO ALLOW A MULTI-TENANT SIGN FACING STATE HIGHWAY 1 51 TO BE 564 SQUARE FEET AND TWO A HUNDRED AND SEVENTY FOUR SQUARE FOOT SIGN VARIANCE FROM THE 200 SQUARE FOOT MAXIMUM TO ALLOW A MULTI-TENANT SIGN FACING NORTH HUNT LANE TO BE 374 SQUARE FEET. APPLICANT BEING S D I WINDER PLAZA, L L C. 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 GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING THE VARIANCE IN ORDER TO EXCEED THE SQUARE FOOTAGE FOR SIGNAGE, WHICH IS LIMITED BY THE TEXAS 1 51 GATEWAY CORRIDOR. THE HEIGHT LIMIT IS STILL BEING MET. SO THE EXCESS AND SQUARE FOOTAGE DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP OR LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT REDUCING THE SIGNAGE FOR A LARGE COMMERCIAL DEVELOPMENT. THE VISUAL IMPACT OF THE PROPOSED SIGNAGE DOES NOT APPEAR TO CONFLICT WITH THE SURROUNDING AREA. [01:30:01] THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE PROPOSED SIGNAGE DOES NOT CONFLICT WITH CHAPTER 28 SIGN CODE, BUT RATHER IS REQUIRED DUE TO THE GATEWAY CORRIDOR D S D SITE PLAN REVIEW STAFF HAS REVIEWED THE REQUEST AND DOES NOT HAVE OBJECTIONS DUE TO THE COMPLIANCE WITH THE HEIGHT RESTRICTIONS. FOUR. THE VARIANCE WILL NOT AUTHORIZE AN OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE REQUEST FOR THE VARIANCES WILL NOT SUBSTANTIALLY INJURE THE ADJACENT PROPERTIES OR ALTERED THE ESSENTIAL CHARACTER OF THE DISTRICT. DISTRICT. ALL OTHER SIGNED STANDARDS ARE, ARE BEING MET ON THE PROPERTY. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS THAT THE P TO THE PROPERTY OWNER IS THOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND IS NOT MERELY FINANCIAL AND A MOTION. SECOND, UH, WE HAVE A MOTION BY COMMISSIONER THIEL. SECOND BY COMMISSIONER ZUNA. COMMISSIONER THIEL, PLEASE LEAD THE DISCUSSION. YES, I I'LL BE IN SUPPORT OF THIS. UH, THEY'RE NOT RAISING THE HEIGHT REQUIREMENT AT ALL. UH, SO I THINK THE EXTRA SQUARE FOOTAGE RELATIVE TO THE TOPOGRAPHY AND WAYFINDING IS WARRANTED IN THIS CASE. UM, SO I WILL BE IN SUPPORT. THANK YOU. COMMISSIONER ZUMAN? YEAH, I'M SUPPORTING THE MOTION AS WELL. IN ADDITION, YOU KNOW, TO HAVE THE SIGNAGE CONCENTRATED IN ONE, UH, PILE ON VERSUS MULTIPLE PILE PYLONS, UH, REDUCES THE VISUAL CLUTTER. ALSO, THEY ARE GONNA BE, UM, THEIR, THEIR, UM, COMPLIANCE IS GONNA BE MORE RESTRICTIVE THAN THE CITY WOULD EVER BE IN TERMS OF THEIR LANDSCAPING AND, AND, UH, SETBACKS AND SUCH. SO, UH, FOR THAT I AM SUPPORTING THE MOTION. ALL RIGHT. THANK YOU. UH, IS THERE ANY COMMISSIONERS YOU'D LIKE TO ADD? ALL RIGHT, UH, STAFF, PLEASE TAKE A ROLL CALL. VOTE MR. MENCHACA CONCUR WITH THE FINDINGS OF FACT. MR. CRUZ? YES, I CONCUR. MR. MONA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MS. MEESE I CONCUR. MR. ALBERT I CONCUR. MR. VASQUEZ CONCUR. MR. THIEL? YES. I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. SIR, YOU CAN GET WITH STAFF, BUT CONGRATULATIONS. THANK YOU ALL VERY MUCH. MM-HMM. , THANK YOU VERY MUCH. I WANNA TELL YOU THE STAFF WAS VERY WELL GOOD TO WORK WITH. WE REALLY, YOU KNOW, WE WORK TOGETHER AND APPRECIATE YOUR INPUT AND THAT'S WHY WE'VE MADE THE CHANGES. THANK YOU VERY MUCH. THANK YOU MR. WIND. [5. 21-5380 BOA-21-10300126] SO NEXT ITEM, ITEM NUMBER FIVE. ITEM NUMBER FIVE IS CASE B O A 21 1 0 3 0 0 1 2 6. THE SUBJECT PROPERTY IS LOCATED AT TWO 30 LUCAS STREET WITHIN COUNCIL DISTRICT TWO. THE APPLICANT IS MARIANNE MCCARTNEY. THE REQUEST IS FOR A SPECIAL EXCEPTION TO ALLOW ONE TYPE TWO SHORT-TERM RENTAL. THE ZONING OF THE PROPERTY IS A MULTI-FAMILY. THE PROPERTY HAS FOUR NEWLY CONSTRUCTED SINGLE FAMILY DWELLINGS, UH, WHICH ARE CONDOS. THERE IS CURRENTLY ONE OTHER TYPE TWO S T R PERMIT ISSUED FOR ANOTHER ONE OF THOSE UNITS ON THE SUBJECT PROPERTY. UM, SO THERE IS ONLY ONE ISSUED FOR THE ENTIRE BLOCK FACE. THE IMMEDIATE SURROUNDING USES SINGLE FAMILY, UM, SOME MULTI-FAMILY AND IT, THE PROPERTY IS LOCATED NEARBY, SOME COMMERCIAL AND OFFICE USES, UM, ALONG NORTH NEW BRAUNFELS AND BROADWAY STREET. IT IS ALSO LOCATED NORTH OF FORT SAM AND THEN SOUTH OF THE POT BOTANICAL GARDENS. UH, THE APPLICANT, UH, DOES PROPOSE THAT SHE WILL BE LIVING ELSEWHERE. UM, BUT WE'LL VISIT SAN ANTONIO AND, AND DURING THOSE TIMES, SHE WILL BE LIVING ON THE PROPERTY. OKAY, HERE ARE SHORT-TERM RENTALS THAT ARE ISSUED IN THE SURROUNDING AREA. AND I'LL JUST POINT OUT WHERE THE PROPERTY IS LOCATED AT. LEMME GO BACK. IT'S RIGHT ON THIS CORNER RIGHT HERE. HERE'S A COPY OF THE FLOOR PLAN. UM, HERE'S THE SUBJECT PROPERTY WITH THE FOUR CONDOS ON IT AND THE SURROUNDING AREA. [01:35:05] STAFF RECOMMENDS DENIAL OF BO O A 21 1 0 3 0 0 1 2 6. BASED ON THE FOLLOWING, FINDING OF FACT ONE, THERE IS CURRENTLY ONE ACTIVE TYPE TWO SHORT-TERM RENTAL UNIT ON THE BLOCK. FACE STAFF MAILED 24 NOTICES, 26 NOTICES, UM, TO PROPERTY OWNERS WITHIN 200 FEET. THERE WAS ONE RESPONSE IN FAVOR FROM ONE OF THE OTHER CONDO OWNERS ON THE PROPERTY. UM, AND THEN FOUR WERE RETURNED IN OPPOSITION. AND THE MICKEY PARK NEIGHBORHOOD ASSOCIATION DIDN'T SUBMIT A, A FORMAL RESPONSE. UM, SOMETHING I DIDN'T TOUCH ON. THERE ARE 11 UNITS ON THE BLOCK FACE THAT WERE COUNTED, UM, AT 12 UNITS WOULD ALLOW A SECOND TYPE TWO PERMIT. SO IT WAS JUST UNDER THAT CONCLUDE CONCLUDES STAFF PRESENTATION. OKAY, THANK YOU VERY MUCH. MM-HMM. . AND, UM, IS THERE ANY, UM, ANYONE SIGNED UP TO SPEAK OUTTA CURIOSITY? I DON'T BELIEVE SO. WE HAVE A VOICEMAIL TO PLAY THOUGH. OKAY. UH, IF THE APPLICANT PLEASE COME FORWARD. GOOD AFTERNOON, EVERYBODY. FORGIVE ME. I AM TERRIBLY NERVOUS. UM, , MY NAME IS MARYANNE MCCARTNEY. UM, I'M NEW TO SAN ANTONIO, BUT MY HUSBAND'S FAMILY IS LONG, LONG, DEEP ROOTS IN TEXAS, SAN IN SAN ANTONIO. WE ARE COMING TO SAN ANTONIO BECAUSE WE ARE RETIRED. MY HUSBAND IS OLDER THAN I AM. THERE ARE MEDICAL ISSUES THAT REQUIRE US TO KEEP A HOME FOR MEDICARE IN THE UNITED STATES, AND WE CAN GET TO SAN ANTONIO WITHIN A DAY'S DRIVE. UM, I'LL JUST READ THIS LETTER THAT I SENT TO MS. LE, MS. LEAL, MY HUSBAND STEVEN JAMES MARSHALL AND I, MARYANNE MCCARTNEY, CAME TO SAN ANTONIO IN MAY OF 2021 FOR THE EXPRESS PURPOSE OF FINDING A HOME FOR WHICH FOR WHEN WE NEED MEDICAL CARE IN THE UNITED STATES. WE ARE BOTH RETIRED INDEPENDENT UPON MEDICARE FOR OUR MEDICAL NEEDS. IN ORDER FOR THIS TO BE AFFORDABLE, WE SET OUT TO FIND A HOME THAT WE WOULD BE ABLE TO RENT ON A S SHORT-TERM, SHORT-TERM BASIS WHEN WE ARE NOT OCCUPYING OUR HOME OURSELVES. TO THIS END, WE CONTACTED A REAL ESTATE AGENT, MS. JULIANNE HAWKINS, OF PHYLLIS BROWNING REAL ESTATE, AND MR. DAVID BIRDIE OF BIRDIE VACATION RENTALS TO SELECT AN APPROPRIATE HOME AND LEARN ALL OF THEIR REQUIREMENTS IN THE CITY OF SAN ANTONIO HAS GOVERNING SHORT-TERM RENTALS. WE WERE METICULOUS IN FOLLOWING ALL OF THE CITY REQUIREMENTS IN A TIMELY FASHION. WE IDENTIFIED A FEW PROPERTIES THAT MET OUR NEEDS AND WERE LOCATED WHERE THERE WAS NOT A CONCENTRATION OF EXISTING SHORT-TERM RENTALS. THIS WAS ALSO DOUBLECHECK WITH THE CITY OF SAN ANTONIO DEVELOPMENT SERVICES DEPARTMENT VIA THE OFFICE OF MS. KAYLA LEAL. MS. VERDE COMMUNICATED WITH ME MS. LEAL, SEVERAL TIMES IN THE MONTHS OF JUNE AND JULY ON JUNE 5TH AFTER ASSURANCES, THERE WERE NO OTHER SHORT-TERM PERMITS EXISTING ON OUR BLOCK. WE WENT UNDER CONTRACT TO PURCHASE TWO 30 LUCAS STREET, UNIT 2 0 2 BECAUSE WE WERE ADVISED THERE WAS A LIMIT ON THE NUMBER OF SHORT-TERM RENTAL PERMITS IN ANY GIVEN AREA. WE IMMEDIATELY ASKED OUR AGENT, MR. MR. DAVID BIRDIE TO OBTAIN A SHORT-TERM RENTAL PERMIT FOR THE UNIT UNIT WE WERE PURCHASING. MR. BIRDIE GATHERED ALL THE PAPERWORK REQUIRED BY THE CITY, INCLUDING A REQUEST AUTHORIZATION BY PROPERTY OWNER, BY THE THEN PROPERTY OWNER CENTER CITY DEVELOPMENTS TO OBTAIN THE PERMITS. ALL DOCUMENTS WERE READY. BY JUNE 14TH, MR. BIRDIE ATTEMPTED TO APPLY FOR THE SHORT-TERM RENTAL PERMIT. ON JUNE 14TH, HE RAN INTO AN ISSUE WITH THE CITY OF SAN ANTONIO, S D R ONLINE PERMIT FORMS. BECAUSE THE PROPERTY ID HAD NOT BEEN UPDATED IN THE CITY, OUR BUILDING IS NEW CONSTRUCTION. MR. BIRDIE INFORMED MS. LAYAL THAT HE WAS RUNNING INTO A TECHNICAL ISSUE AND SHE ADVISED THAT THIS HAPPENED FROM TIME TO TIME. MS. LAYAL CONTACTED HARRY, FORGIVE ME, I DON'T KNOW HIS LAST NAME, THE GENTLEMAN WHO WORKS IN FOR THE CITY AND THE DEPARTMENT THAT RESOLVES THIS TYPE OF PROBLEM. FINALLY, ON JUNE 22ND, I BELIEVE MS. LAYAL CONTACTED HARRY TO RESOLVE THE NON REGISTERING TAX ACCOUNT NUMBER, WHICH IS RELATED TO THE PROPERTY ID. THIS TOOK SOME TIME FOR THE CITY TO RESOLVE THE PROBLEM. THROUGHOUT THIS WHOLE PROCESS, WE HAD BEEN DILIGENTLY WORKING WITH MS. AL'S OFFICE TO OBTAIN OUR S T R PERMIT. HAD WE BEEN AWARE THAT THERE WAS ANY ISSUE THAT WOULD IMPEDE OUR REQUEST, WE WOULD NOT HAVE BOUGHT THIS HOUSE. WE SPENT $338,000 IN CASH TO PURCHASE THIS HOME AND ANOTHER 20,000 TO FURNISH IT AS RETIREES. THIS IS AN ENORMOUS FINANCIAL BURDEN ON US. MY HUSBAND AND I, FORGIVE ME, MY HUSBAND AND I LIVE IN MEXICO BECAUSE IT'S AFFORDABLE IN OUR RETIREMENT. BUT WE MUST RETAIN, MAINTAIN A RESIDENCE IN THE UNITED STATES TO AVAIL OURSELVES OF MEDICARE. EVEN THOUGH WE BEGAN THIS PROCESS IN EARLY JUNE, ANOTHER HOMEOWNER WAS ABLE TO OBTAIN THE SR S D R PERMIT BEFORE US. THE BUYER OF UNIT 2 0 1 DID NOT GO UNDER CONTRACT TO PURCHASE THEIR UNIT UNTIL JUNE 18TH. THEY DID NOT RECEIVE THEIR WARRANTY DEAN UNTIL JUNE 16TH WHEN BOTH OF OUR UNITS CLOSED. I MENTIONED THESE DATES AS WE HAVE BEEN TOLD, ALL APPLICATIONS [01:40:01] ARE WERE HANDLED ON A FIRST COME FIRST SERVE BASIS AS WE REVISED NO SS D R PERMIT COULD BE ISSUED UNTIL, UNTIL ALL R ACQUIRED DOCUMENTS HAD BEEN SUBMITTED. AS ALL OF THE UNITS WERE UNDER THE SAME PROPERTY ID. UNIT 2 0 1 WOULD PRESUMABLY ALSO NOT HAVE BEEN ABLE TO COMPLETE THE ONLINE PROCESS. TO THE BEST OF MY KNOWLEDGE, UNIT 2 0 1 DID NOT HAVE THE SUPPORTING DOCUMENTS FROM THE THEN OWNER TO COMPLETE THE PROCESS. NEITHER OF US WOULD HAVE ACCESS TO OUR WARRANTY DEEDS UNTIL THE JULY 16TH AFTER CLOSING, IT IS NOT OUR INTENTION TO DEPRIVE OUR NEIGHBOR OF THEIR S D R PERMIT. THIS APPEARS TO BE AN UNFORTUNATE CLERICAL ERROR ON THE PARTY OF THE CITY, CITY OF SAN ANTONIO DEVELOPMENT SERVICES. WE ARE APPEALING TO THE BOARD OF ADJUSTMENT TO REMEDY THIS AREA IN A MANNER THAT IS FAIR TO ALL. AS THERE ARE VERY FEW SHORT-TERM RENTAL IN OUR AREA. WE DO NOT BELIEVE THIS WILL CAUSE A NUISANCE TO ANY OF OUR NEIGHBORS. WHEN WE ARE NOT LIVING IN OUR HOME. WE INTENDED TO MAKE IT AVAILABLE TO VISITING FAMILIES, FAMILIES VISITING SAN ANTONIO FOR THEIR VACATIONS, AND TO FAMILIES WHO WERE ATTENDING GRADUATIONS AT THE NEARBY MILITARY FACILITIES AND UNIVERSITIES. WE WILL NOT BE RENTING IT OUT AS A PARTY HOST. MY HUSBAND AND I HAVE EXTENSIVE EXPERIENCE AS LANDLORDS IN SHORT-TERM RENTALS. SO WE ARE WELL AWARE THAT THE TYPE OF GUESTS THAT CAN BE AN ISSUE, IF NOT CAREFULLY VETTED, WE PLEDGE. WE WILL DO ALL POSSIBLE TO BE A GOOD NEIGHBOR AND TO NOT INCONVENIENCE OTHERS. I'M HAPPY TO SUPPORT THIS APPLICATION WHEN YOU IN PERSON WHEN THE BOARD CONVENES. THANK YOU FOR YOUR CONSIDERATION. UM, I WAS INFORMED BY MS. AL OF, UH, JUST ON FRIDAY WHEN I WAS IN MEXICO, OF WHICH NEIGHBORS HAD BEEN IN INFORMED, HAD BEEN SENT A LETTER. I WAS GIVEN THE GEOGRAPHIC LIMITATIONS ON FRIDAY. I CAME IN ON SATURDAY. SO I HAD VERY SHORT TIME WINDOW OF OPPORTUNITY TO CONTACT MY NEIGHBORS, WHOM UNFORTUNATELY I HAVE THE VAST MAJORITY. I HAD NOT HAD AN OPPORTUNITY TO MEET UNTIL SUNDAY, UM, WHICH WAS WONDERFUL. THAT WAS A GREAT OPPORTUNITY. I WENT DOOR TO DOOR AND KNOCKED ON THEM AND MET EVERYBODY AND DID, LISTENED TO THEIR CONCERNS AND INTRODUCED MYSELF. THIS IS THE LETTER I SENT TO MY NEIGHBORS DEAR. AND I SENT IT OUT IN SPANISH AND IN ENGLISH BECAUSE A GREAT DEAL OF MY NEIGHBORS ARE MEXICAN, MY HUSBAND AND RECENT. AND I RECENTLY PURCHASED OUR NEW HOME ON THE CORNER OF LUCAS AND CALHOUN STREETS IN THE LUCAS LOFT QUADPLEX. WE ARE RETIRED AMERICANS WHO TRAVEL BACK AND FORTH FROM SAN ANTONIO AND OUR HOME IN SAN MIGUEL DE YEN DE GUANAJUATO, MEXICO. WE HAVE COME TO SAN ANTONIO TO HAVE ACCESS TO OUR DOCTORS AND MEDICARE PROVIDERS AND TO ENJOY ALL THAT THE AREA HAS TO OFFER AS RETIREES, WE WERE ABLE TO PURCHASE OUR HOME WITH THE PLAN OF RENTING IT OUT TO VISITING FAMILIES WHEN WE ARE NOT USING IT OURSELVES. WE HAVE BEEN PROPERTY OWNERS IN SAN MIGUEL, WHERE OUR HOME WAS ALSO OCCASIONALLY USED AS A SHORT-TERM RENTAL. THIS PREVIOUS EXPERIENCE HAS TAUGHT US HOW IMPORTANT IT IS TO HAVE A GOOD RELATIONSHIP WITH OUR NEIGHBORS. SPECIFICALLY, OUR HOME WILL NOT BE USED AS A PARTY HOUSE. THE FAMILIES TO WHOM WE PLAN TO RENT WILL BE CLEARLY INFORMED OF THE COURTESIES WE EXPECT REGARDING COMMUNITY STANDARDS. THIS INCLUDES PARKING. WE HAVE AN OFF STREET PARKING LOCATION, UNNECESSARY NOISE BETWEEN THE HOURS OF 10:00 PM AND 8:00 AM AND THE MAXIMUM NUMBER OF GUESTS ALLOWED. WE HAVE ENGAGED A PROFESSIONAL PROPERTY MANAGER TO ENSURE ALL STANDARDS ARE ADHERED TO. THIS IS FOR OUR OWN BENEFIT AS THIS IS OUR HOME, BUT ALSO TO MAKE CERTAIN NONE OF OUR NEIGHBORS ARE INCONVENIENCED IN ANY WAY. DUE TO THE CITY LIMITATIONS ON SHORT-TERM RENTALS. WE ARE ASKING THE CITY TO ALLOW AN EXCEPTION FOR OUR HOME. THE CITY WILL BE CONTACTING OUR NEIGHBORS TO ASK FOR THEIR FEEDBACK IN CASE THEY HAVE ANY CONCERNS. WE ARE LOOKING FORWARD TO BECOMING PART OF THE MANKEY PARK COMMUNITY AND GETTING TO KNOW YOU ALL. IF YOU HAVE ANY QUESTIONS, YOU CAN ALWAYS, YOU CAN, WE CAN ALWAYS BE CONTACTING AND IT HAS MY CONTACT INFORMATION. I PLAN ON BEING A VERY GOOD NEIGHBOR. I PLAN ON BEING AN ACTIVE MEMBER OF MANKEY PARK. I UNDERSTAND THE ISSUES REVOLVE, REVOLVING AROUND SHORT TERM RENTALS BECAUSE IN MY FAMILY, WE'VE DONE DONE THIS TYPE OF THING FOR MANY, MANY YEARS. I'VE HAD, I'M NOT NEW TO THIS GAME AND I UNDERSTAND WHY THERE ARE REQUIREMENTS THAT THE CITY HAS AND I HAVE NO OBJECTIONS. I'M WANNA PAY MY TAXES. I WANNA BE A GOOD NEIGHBOR. BUT WE TOOK MY, MY MAIN ISSUE WITH THIS IS THAT AT ANY POINT PRIOR TO OUR, MY CLOSING ON JULY 16TH, I COULD HAVE BEEN INFORMED THAT I WAS NOT GONNA GET THIS PERMIT BEFORE WE HAD COMMITTED ALL OF OUR LIFE SAVINGS TO PURCHASE THIS HOME. AT ANY TIME SOMEBODY COULD HAVE TOLD ME AND THEY DIDN'T. AND NOW I'M STUCK. AND, UM, I DON'T THINK THAT'S FAIR. I DID EVERYTHING. I DID EVERYTHING I KNEW TO DO, THE CITY ASKED ME TO DO. AND THE ONLY THING WERE HICCUPS THAT WERE CITY INVOLVED, CITY INVOLVED WITH THINGS I COULD NOT CONTROL. SO I'M BEGGING FOR YOUR MERCY AND, AND BE GLAD TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. THANK YOU. AND FORGIVE MY BEING SO NERVOUS. IT'S OKAY. THANK YOU VERY MUCH. STAFF, UH, WHO [01:45:01] IS, UH, SIGNED UP TO SPEAK FIRST? UH, YOU CAN TAKE A SEAT. WE'RE GONNA HAVE, UM, PUBLIC, WE HAVE A VOICEMAIL, BUT IT NEEDS TRANSLATION. OKAY. VERONICA ROSALES. GOOD MORNING. MY NAME IS VERONICA ROSALES. I AT THREE 11 LUCAS SAN ANTONIO, TEXAS, B O A 21 10 30 0 1 26. I'M OPPOSED, UH, IN REGARDS TO THIS CASE. I DON'T AGREE. WE HAVE BEEN LIVING HERE FOR A LONG TIME. THE NEIGHBORHOOD IS QUIET AND WE LIVE WITH ELDERLY PEOPLE AND WE HAVE BEEN, UH, HAVING A GOOD LIFE. WE DON'T WANT PEOPLE AND IT ENDED THERE. WE DON'T WANT PEOPLE WITH PROBLEMS AND WE ARE SHOWING OUR OPPOSITION. ALL RIGHT. THANK YOU. SO, UH, IF THE APPLICANT, YOU CAN GO AHEAD AND COME BACK UP. PARDON? THAT WAS THE ONLY, THAT WAS THAT WAS IT. RIGHT? JUST THE ONE. OKAY. RIGHT. NOBODY ELSE SIGNED IN TO SPEAK ON THIS CASE. OKAY. UH, SO WE'RE GONNA OPEN THIS UP TO QUESTIONS. ARE ANY COMMISSIONERS THAT HAVE QUESTIONS FOR THE APPLICANT? BRAGMAN, COMMISSIONER BRAGMAN? UM, YOU HAD SAID THAT YOU, UM, ON SUNDAYS SPOKE TO YOUR NEIGHBORS. AS MANY OF THEM AS I POSSIBLY COULD, I KNOCKED ON ALL OF THE DOORS. THERE ARE A LOT OF APARTMENT BUILDINGS, AND I BELIEVE THE CITY JUST CONTACTED THE PROPERTY OWNERS. I'M NOT CERTAIN OF THAT, BUT WHERE THERE, THERE APPEARED TO BE RENTERS, THEY DIDN'T KNOW ANYTHING ABOUT IT WHERE THEY WERE PROPERTY OWNERS. IT WAS VERY AWKWARD BECAUSE I DON'T, I HAVE, THIS IS THE VERY FIRST TIME I'VE MET MOST OF THESE PEOPLE, WITH THE EXCEPTION OF MY, MY DEAR NEIGHBOR RIGHT NEXT TO ME WHO'S IN IN FAVOR OF THIS. I DIDN'T ASK ANYONE TO CONTACT THE CITY BECAUSE IT WAS JUST, IT'S TOO MUCH OF AN ASK FOR A TOTAL STRANGER TO KNOCK ON YOUR DOOR ON A SUNDAY AND SAY, WOULD YOU MIND SENDING AN EMAIL TO LET ME DO ALL THIS STUFF? I, I'M, I'M WELL, 'CAUSE WHAT I'M REQUESTING IS, IS CLEARLY WITHIN THE LEGAL, LEGAL LIMITATIONS OF THE CITY. SO MY QUESTION IS, DID YOU GET ANY SORT OF POSITIVE OR NEGATIVE RESPONSE FROM SPEAKING WITH YOUR NEIGHBOR? YES. I, THE MAJORITY, I WOULD SAY I, I SPOKE TO FOUR PEOPLE WHO WERE DEFINITELY IN FAVOR. AND IT WAS MORE ALONG THE LINES OF PROPERTY RIGHTS. THEY'RE, THEY'RE, THEY'VE, YES. WHY SHOULDN'T YOU BE ABLE TO DO WHAT YOU WANNA DO? ONE PERSON, ONE NEIGHBOR ONLY SAID THEY WERE IN NOT IN FAVOR. MY KITTY CORNER NEIGHBOR. AND IT'S A FA IT'S A LARGE FAMILY WHO OWNS THEIR, THEY'RE ACTUALLY FROM THE SAME PLACE IN MEXICO WHERE I NOW LIVE. AND THEIR, THEIR MAIN OBJECTION WAS THE PROPERTY VALUES WHERE THERE ARE SHORT-TERM RENTALS, THEY TEND TO GO UP AND THIS WOULD INCREASE THEIR TAXES IN DEFENSE. THERE ARE CRACK HOUSES IN MY NEIGHBORHOOD, THE PRO, WHEN NEW HOUSES COME IN, THE NEIGHBORHOODS BECOME SAFE. THESE FAM THESE PEOPLE HAVE CHILDREN IN, IN, IN THIS. AND I UNDERSTAND THAT THE TAXES ARE A BURDEN, BUT HAVING CRACK HOUSES IN NEIGHBORHOODS THAT ARE SLUMS IS FAR MORE OF A BURDEN. AND THAT, SO I DO UNDERSTAND, AND I'M SYMPATHETIC TO MY NEIGHBORS, THAT A, A TAX INCREASE IS A BURDEN. A A CRACK HOUSE IS A MUCH GREATER BURDEN. SO ON THE MAP THERE, IT SHOWS THE, UM, NEIGHBORS WHO WERE NOT IN SUPPORT. THIS IS ALL ONE FAMILY, THE LALA FAMILY. WELL, I'M SPEAKING ABOUT, YOU CAN SEE THE FOUR RED X'S. YES. THIS IS ALL THE LALA FAMILY. THEY ALL, THEY THE FAMILY OWNS ALL OF THOSE PROPERTIES. AH, OKAY. AND SO THERE WAS NO, THEY THEY STILL WERE OPPOSED EVEN AFTER YOU SPOKE TO THEM. MM-HMM. I DON'T KNOW. I, I DON'T, 'CAUSE I DON'T KNOW WHEN THOSE, I ONLY HAD A CHANCE TO SPEAK TO THEM ON SUNDAY. I DON'T, I THINK THESE, PROBABLY, THESE RESPONSES CAME IN BEFORE I SPOKE TO THEM, BUT I DON'T KNOW THAT. RIGHT. AND SO I'M JUST ASKING AS A RESULT OF SPEAKING TO THEM, [01:50:01] DID ANY OF THEM IN THOSE RED X'S INDICATE SUPPORT? I DON'T KNOW. EVERY CONVERSATION WAS VERY PLEASANT. I DIDN'T, AS I SAID, I DID NOT FEEL COMFORTABLE DEMANDING OF MY NEIGHBORS ANYTHING BECAUSE I DON'T KNOW THEM WELL ENOUGH YET. UM, I KNOW THAT I, WHEN I FIRST MOVED INTO THE HOUSE, THE, THE PATRIARCH OF THE FAMILY, MR. BALTASAR LALA, WAS VERY, VERY KIND TO ME AND LOANED ME SOMETHING TO CHOP DOWN A, A BRANCH SO I COULD GET MY SPECTRUM INTERNET CONNECTED. AND THAT WAS THE ONLY REACT INTERACTION I'D HAD WITH THE FAMILY PRIOR TO THAT. OTHER THAN IT WAS VERY CORDIAL. AND WHEN I MET THE REST OF THE FAMILY, ALL OF IT WAS VERY, VERY CORDIAL ON SUNDAY, EXCEPT FOR THE ONE NEIGHBOR WHO, WHO TOLD ME VERY CORDIALLY WHY SHE HAD AN OBJECTION BECAUSE OF HER PROPERTY TAXES. AND I GET THAT. I REALLY DO. BUT I'M NOT RESPONSIBLE FOR THE GENTRIFICATION OF THE NEIGHBORHOOD. I'M JUST TRYING TO, TRYING TO GET MY HUSBAND TO THE DOCTOR. ANY OTHER QUESTIONS? YES, SIR. UH, COMMISSIONER ALBERT. UM, I WAS WONDERING, MA'AM, DO YOU KNOW WHETHER A LONG-TERM LEASE WOULD SATISFY YOUR REQUIREMENTS TO HAVE A RESIDENCE? NO, IT WOULDN'T BECAUSE THEN MY HUSBAND AND I CAN'T USE OUR HOME. THIS IS OUR HOME. WE NEED A, WE NEED A PLACE TO COME TO. UM, SO I, THIS SHORT-TERM RENTAL REALLY IS THE ONLY, ONLY SOLUTION FOR US. I JUST WOULDN'T HAVE BOUGHT THE HOUSE, THE, THE LADY. AND, AND I REALLY DON'T LIKE BEING PUT IN A POSITION WHERE I HAVE TO GO UP AGAINST MY NEIGHBOR WHO DID GET THE SHORT-TERM RENTAL PERMIT BECAUSE I'M NOT GONNA LIVE THERE. I DON'T WANNA FIGHT WITH MY NEIGHBORS. I DON'T, AND I NEVER EVEN TALKED TO HER ABOUT THIS BECAUSE IT'S NOT HER FAULT. I DON'T KNOW HOW IT HAPPENED THAT SHE POSSIBLY COULD HAVE GOT GOTTEN AHEAD OF ME AS I STARTED THE PROCESS BEFORE HER AND WE CLOSED ON THE SAME DAY AND I JUMPED, I WENT THROUGH, JUMPED THROUGH SO MANY HOOPS AND STILL I LOST. BUT GETTING ME INTO A FIGHT WITH MY NEIGHBOR IS NOT IN MY BEST INTEREST AND I DON'T WANNA DO IT. AND I KNOW THAT THIS, MY NEIGHBOR ISN'T EVEN RENTING HERS OUT SHORT-TERM RENTALS. SHE'S TRYING TO FIND A LONG-TERM TENANT. UM, SHE HASN'T EVEN FURNISHED HER HOUSE. MY HOUSE WAS COMPLETELY FURNISHED IN A WEEK AFTER I CLOSED ON IT. I JUST, BECAUSE I DON'T LIVE HERE, I HAD TO MOVE VERY, VERY QUICKLY AND GET IT DONE. I MEAN, I'LL LIVE HERE PART-TIME, BUT IT'S JUST UNFORTUNATE CIRCUMSTANCES. MR. OKAY. THANK YOU. I HAVE A QUESTION FOR STAFF. YES. COMMISSIONER ZUNA. SO QUESTION FOR STAFF. UM, HOW DOES, HOW DOES THE CITY PRIORITIZE OR, OR THE, THE, THE PERMITTING PROCESS AND, AND IS THERE A WAY TO FIND OUT WHAT HAPPENED HERE IN THAT, I'LL TAKE IT, THE TIMING OF THE PERMITTING AND THEN I HAVE ANOTHER FOLLOW UP QUESTION AS WELL. SO, UM, THE SHORT TERM RENTAL APPLICATION, UH, PROCESS IS AN ONLINE PROCESS. UM, IT'S ALSO FIRST COME, FIRST SERVE. SO, UH, WHICHEVER ONE COMES THROUGH THE DOOR FIRST IS ASSIGNED. WHICHEVER ONE COMPLETES THAT PROCESS IS ASSIGNED. THE THE SHORT TERM RENTAL APPLICATION NUMBER, THAT'S THE ONE THAT COMES IN THROUGH OUR QUEUE. AND, AND THAT'S THE ONE THAT WE HAVE TO REVIEW FIRST. UM, UNFORTUNATELY WITH THIS ONE, ALTHOUGH SHE HAD STARTED THE CONVERSATIONS WITH US, AND AT THAT TIME THERE WAS NO APPLICATION, UM, IT, IT WAS DURING THAT, THAT PERIOD OF TRYING TO ASSIGN THE PARCEL ID IN ORDER FOR HER TO COMPLETE HER HER APPLICATION, THAT SOMEONE ELSE WAS ABLE TO COMPLETE THEIRS AND GET IN THE QUEUE BEFORE. UH, SO THAT'S WHERE, AND, AND WE'RE TALKING MAYBE A DAY OR TWO OR, OR SO KAYLA, OR WAS IT, IT WAS ABOUT A MONTH. UH, AND SO WE CAN'T HOLD APPLICATIONS IN THE QUEUE AS IF THEY'RE COMING IN PREPARATION FOR, FOR COMING AND HOLD SOMEBODY ELSE OFF. IT'S THE SYSTEM THAT TELLS US WHICH ONES TO REVIEW. AND SO THAT'S WHAT HAPPENED IN, IN THIS PROCESS. SO IS SHE IN A HOLDING PATTERN NOW FOR OTHER PERMITS MIGHT BE COMING THROUGH OR? NO, SO SHE, SHE GOT THROUGH INTO THE SYSTEM AND SO ONCE WE START A REVIEW, THAT'S WHEN THE OTHER ONE GOT GRANTED THE PERMIT AND THEN HERS, UH, HAD TO, HAD TO COME HERE IN ORDER TO REQUEST THE, UH, THE REQUE IN ORDER TO DO THE SPECIAL EXCEPTION REQUEST IN ORDER TO GET AND GO PAST THE DENSITY THRESHOLD. OKAY. AND THEN STAFF MADE ANOTHER, UH, PRESENTA, UH, REPRESENTATION THAT THE FRONT FACE OF THIS BLOCK HAS 11 UNITS, HAD THERE BEEN 12 UNITS AND A SECOND PERMIT WOULD BE ALLOWED. IS THAT CORRECT? THAT'S CORRECT. OKAY, THANK YOU. UM, I HAVE A, A QUESTION THAT THE, TO BUILD ON COMMISSIONER ZUNA. SO YOU SAID THAT THERE WAS 11, BUT THE APARTMENT COMPLEX HAS EIGHT UNITS. HOW DOES THAT FACTOR IN, UH, APARTMENT COMPLEXES OR PARCELS WITH FIVE OR MORE UNITS ARE CONSIDERED MULTIFAMILY AND SO THAT 12.5% WILL APPLY ONLY TO THAT PARCEL. OKAY. SO THAT'S WHY, BECAUSE I WAS COUNTING 16 TOTAL DOORS, BUT BECAUSE THERE'S MORE THAN FIVE, IT'S, IT'S EXCLUDED. CORRECT. OKAY. THANK YOU. ANY OTHER QUESTIONS? [01:55:01] COMMISSIONER ZUNA? NO, I'M JUST GONNA FOR THE MOTION, UM, GO AHEAD, . OKAY. UH, REGARDING CASE NUMBER BO EIGHT DASH 21 DASH 0 3 0 1 26, I MOVE TO THE BOARD OF ADJUSTMENTS, GRANTED SPECIAL EXCEPTION TO ALLOW FOR ONE, THE TYPE TWO, THAT'S A UNHOSTED SHORT-TERM RENTAL UNIT SITUATED AT TWO 30 LUCAS STREET, APPLICANT BEING MARY ANN MCCARTNEY. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY AS SUCH THAT A LITTLE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE A SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE, THE PUBLIC HEALTH SAFETY AND WELFARE WELFARE. THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXCEPTION DOES NOT CREATE A, A PUBLIC NUISANCE. THE BOARD FINDS THAT THERE ARE A TOTAL OF 40, UM, 11 RESIDENTIAL UNITS, TOTAL OF 11 RESIDENTIAL UNITS ON THIS BLACK FACE. AND THE SPECIAL EXCEPTION WOULD PERMIT A TOTAL OF TWO TYPE TWO SHORT TERM RENTAL UNITS RESULTING IN AN 18.2% OF THE BLACK FACE. THE PERCENTAGE IS NOT MUCH GREATER THAN THAT WHAT IS PERMITTED. AND WITH THE APPLICANT RESIDING ON THE ABUTTING PROPERTY, THIS ALLOWS REASON TO BELIEVE THAT A PUBLIC NUISANCE SEEMS UNLIKELY TO BE CREATED. THAT'S NOT TRUE. RIGHT? THE APPLICANT IS NOT RESIDING IN THE ABUTTING PROPERTY. SO I THINK LET'S STRIKE THAT FROM THE, FROM THE MOTION. OKAY. AND, AND THERE IS, AND THAT SHOULD BE 11 RESIDENT RESIDENTIAL UNITS, RIGHT, NOT 40. SEE, THE NEIGHBORING PROPERTY WILL NOT SU SUBSTANTIALLY INJURE BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY RESIDENCES AND MULTI-FAMILY. AND THE SUBJECT PROPERTY IS LOCATED IN THE CLOSE PROXIMITY TO THE COMMERCIAL CORRIDOR OF NORTH NEW BRAUNFELS AVENUE AND BROADWAY STREET. THE APPLICANT WILL USE WILL, WILL NOT, OH, SHE'S NOT RESIDING. UM, OH, SHE'S RESIDING ON THE PROPERTY FOR A LIMITED AMOUNT OF TIME. THIS UNIQUE SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTY AS A TYPE TWO SHORT-TERM RENTAL UNIT. THE ADEQUATE UTILITIES ACCESS, ROAD STORM, DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY F UH, FACILITIES HAVE BEEN OR BEING PROVIDED. UH, THE SUBJECT PROPERTY PROVIDES ALL STREET PARK AND APPEARS TO HAVE ADEQUATE UTILITY ACCESS IN OPEN SPACE. EITHER THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VI VIOLATIONS OF CHAPTER 16. THE ARTICLE WAS AT 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION. THE APPLICANT CURRENTLY DOES NOT CURRENTLY HOLD A SHORT-TERM RENTAL PERMIT. IT DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16. AFTER THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATIONS IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO COMMERCIAL, RECREATIONAL, AND OTHER RESIDENTIAL USES, UH, WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND, AND MAINTAINING IT FROM THE NEIGHBORING EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION AND A MOTION. IS THERE A SECOND? SECOND. COMMISSIONER BRAGMAN HAS A SECOND. UH, MA'AM, YOU CAN HAVE A SEAT IF YOU LIKE. UH, COMMISSIONER ZUNA, PLEASE LEAD THE DISCUSSION. SO I AM GOING TO BE IN SUPPORT OF THE MOTION AND URGE MY COLLEAGUES TO DO THE SAME. I MEAN IN THIS PARTICULAR CASE. AND WE SAW THE, THE, UH, HARDSHIP THAT THIS HAS CREATED. UH, BASICALLY, UM, YOU KNOW, A A A TIMING ISSUE, MORE OF A, UH, CLERICAL ISSUE, I WOULD SAY. AND 11, YOU KNOW, HAD THERE BEEN ONE MORE UNIT, THE SECOND UNIT, UH, 11 UNITS AND, UH, 12 UNITS ON THE BLOCK FACES VERSUS 11 WOULD'VE ALLOWED THE SECOND PERMIT TO BE PULLED. TO ME, THAT'S NOT MATERIAL. AND GIVEN THE HARDSHIP, I'M SUPPORTING THE MOTION COMMISSIONER BRAGMAN. AYE, I COMPLETELY, UH, COMPLETELY AGREE WITH MY COLLEAGUE AND I'LL BE SUPPORTING THE MOTION. ALL RIGHT. DOES ANYONE ELSE LIKE TO ADD TO THE CONVERSATION? UH, I'LL GO AHEAD AND, UH, CHIME IN THEN. UH, I'LL BE IN SUPPORT OF THE MOTION AND I'M GONNA DO SO BECAUSE, UH, THIS JUST HAS TOO MANY, TOO MANY OUTLIERS. I MEAN, YOU'VE, YOU'VE GOT TWO PEOPLE WHO ARE, WHO ARE DAYS APART, UH, FROM APPLYING BASED ON THE SLIGHT TECHNICALITY. YOU HAVE A MULTIFAMILY, EVEN THOUGH WE EXCLUDE IT, IT, IT'S JUST, THIS IS JUST TOO MUCH GOING ON OUT HERE FOR, FOR ME NOT TO, TO WANT TO GIVE IT TO 'EM. SO I'LL BE IN SUPPORT STEP PLEASE TAKE A ROLL CALL. VOTE. MR. MANCHACA. SUPPORT THE MOTION. MS. CRUZ? YES, I CONCUR. MR. MANA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MS. MEES I CONCUR. MR. ALBERT. I CONCUR. MR. VASQUEZ. I CONCUR. MR. THIEL? YES, I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR. MOTION PASSES. 11 TO ZERO. CONGRATULATIONS. UH, YOU CAN GET WITH STAFF IF THERE'S ANY QUESTIONS AT THIS TIME. WE'RE [02:00:01] GONNA TAKE A EIGHT MINUTE BREAK. WE'LL SEE EVERYBODY BACK AT THREE 16. THANK YOU VERY MUCH. ON [6. 21-5372 BOA-21-10300102] TOWARDS THE END, FRONT OF THE SUBJECT PROPERTY SIDE OF THE STRUCTURE, THIS, UH, SHOT RIGHT HERE IS WHERE YOU CAN SEE, UM, WHERE THE PROPERTY STARTS NARROWING DOWN TOWARDS THE END. THE ROOM ADDITION IS ON THIS SIDE OF THE LOOK OF THE PROPERTY. THAT'S A MEASUREMENT FROM, UM, WHEN THE SURVEY WENT OUT THERE AND DID THE SURVEY, UH, FOR MR. MEINER, THAT'S WHERE HIS MARKER'S AT. AND WE MEASURED OFF TO THE SIDE SHOWING 11 INCHES. UM, SO THE STRUCTURE OF THE ROOM ADDITION, UM, OBVIOUSLY IT'S NOT COMPLETED, UM, THEY JUST STOPPED RIGHT THERE. ROOM EDITION, ANOTHER PICTURE OF THE ROOM EDITION. UH, ROOM EDITION. SET BACK AGAIN, 11 INCHES. AGAIN, 11 INCHES FROM THE SURVEYOR'S MARKERS SURROUNDING AREA. SURROUNDING AREA. STAFF. STAFF RECOMMENDS DENIAL AND BO O A 21 DASH 1 0 3 0 0 1 0 2 WITH AN ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE TO ALLOW THE ADDITION TO BE THREE FEET FROM THE SIDE PROPERTY LINE PROPERTY LINE. BASED ON THE FOLLOWING FACTS, ONE PRIMARY STRUCTURE WAS EXISTING. TWO, THE PROPOSED DESIGN HAS BEEN HEARD AND APPROVED BY THE HISTORIC DESIGN REVIEW COMMISSION. FOUR. UH, COMMISSION THREE, UH, IS RECOMMENDED THAT THE SIDEWALL, THE ROOM ADDITION AND PATIO BE FIRE RATED, UH, CONSTRUCTION OF THE ROOM. ADDITION DOES NOT APPEAR TO ADVERSELY AFFECT THE NEIGHBORING PROPERTIES. BEING CONSTRUCTED. THREE FEET AWAY FROM THE PROPERTY LINE REDUCES THE RISK OF FIRE HAZARDS. UM, 34 NOTICES WERE MAILED OUT. FIVE WERE RETURN IN FAVOR, ZERO RETURN IN OPPOSITION. UH, ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION IS IN FAVOR. CONSERVATION SIDE OF SAN ANTONIO IS AN OBJECTION. UM, ON A SIDE NOTE, THE, UM, WE DO HAVE TWO SURVEYS. ONE FROM THE APPLICANT AND THEN ONE FROM THE NEIGHBOR. UM, THERE, THERE ARE CONFLICTING SURVEYS BECAUSE ON THE NEIGHBOR'S, UH, SURVEY IT SHOWS THAT THE PROPERTY IS SIX INCHES AWAY, BUT ON HIS SURVEY IT SHOWS IT'S A ONE FOOT, ONE FOOT TWO INCHES AWAY. SO THAT'S PRETTY MUCH WHY WE'RE HERE. IT WAS ALREADY PREVIOUSLY, UH, APPROVED THROUGH THE B O A IN, UH, MAY OF 2019 FOR THE EXACT SAME STRUCTURE. SO THE REASON WHY HE'S HERE TODAY IS BECAUSE OF CONFLICTING SURVEYS BETWEEN HIM AND THE NEIGHBOR. OKAY. ANY OTHER QUESTIONS? FIRST OFF, YES, I, AND JUST ONE, YOU HAD MENTIONED THAT YOU HAD TWO DIFFERENT SURVEYS. A UH, UM, ATTACHMENT PACKAGE ONLY REFLECTS ONE. DO YOU HAVE THE OTHER SURVEY YOU CAN DISTRIBUTE? I DO HAVE ANOTHER SURVEY. I'LL PUT IT UP ON THE OKAY. AND JUST TO CLARIFY, WHAT WAS APPROVED BEFORE WAS NOT A ONE INCH, UM, FROM THE PROPERTY LINE. UM, IT WAS A, IT WAS A DIFFERENT VARIANCE REQUEST. IT HAD BEEN CONSTRUCTED AND NOW IT'S CLOSER. SO THAT'S WHY HE HAS TO COME BACK TO THE BOARD. SO JUST TO CLARIFY, YOU, WE HAD, THIS BOARD HAD PREVIOUSLY APPROVED THE ROOM EDITION OR THE HOUSE. YES. UH, YEAH. SO I [02:05:01] THINK THE, THE APPLICANT WILL PROBABLY HAVE MORE INFORMATION, BUT THE, THE SIDE SETBACK, REGARDLESS OF WHETHER IT WAS A ROOM ADDITION OR THE HOUSE, WHAT WAS APPROVED, WAS FURTHER AWAY THAN WHAT HE'S REQUESTING TODAY. YEAH. GREAT. SO SIR, IF YOU COULD, UH, PLEASE COME FORWARD AND, AND PLEASE, UH, UH, CLARIFY, UH, ANY PAST APPROVALS THAT YOU MAY HAVE RECEIVED. UH, AND ALSO WHETHER THEY WERE FOR, SOLELY FOR YOUR HOME AS IT LIES TODAY, OR, OR DID IT INCLUDE THE, UH, DID IT INCLUDE THE ROOM EDITION? OKAY, THANK YOU. UM, GOOD AFTERNOON. MY NAME'S DANIEL INGER. UH, I AM HERE FOR, TO REPRESENT DANIEL AND PAULINA INGER FOR 2 35 YELLOWSTONE. UM, I'M ALSO HERE GONNA TAKE TIME FROM ED MICKELSON, WHO'S ALSO SIGNED UP TO SPEAK, SO I'LL ALSO TAKE HIS TIME AND HER TIME AS WELL. UH, WE WERE HERE ON, ON, UH, WE'VE ACTUALLY BEEN WORKING WITH THE CITY SINCE 2016. AND AS YOU CAN SEE, WE HAVE QUITE A BIT OF STUFF THAT WE'VE BEEN WORKING WITH THE CITY ON. THE LAST TIME WE WERE HERE WAS MAY 19TH, UH, OF, OF TWO MAY OF 19. AND WE WERE GIVEN A 16 OR 18 INCH VARIANCE, A ONE FOOT SIX INCH VARIANCE. BUT WHEN WE FILED IT AND WE ORIGINALLY STARTED, WE FILED IT FROM THE FENCE LINE. SO IF YOU LOOK AT OUR APPLICATION FROM MAY OF 19, IT SHOWS THAT WE WERE ASKING FOR THE FENCE LINE. WE DIDN'T KNOW WHAT WE WERE DOING, WE WERE ASKING, WE WENT OFF OF SOME BAD INFORMATION, A LITTLE BIT OF HISTORY. WE'RE BORN AND RAISED HERE. MY PARENTS LIVE ACROSS THE STREET. WE'VE ACTUALLY BEEN ON THE STREET SINCE 1962. UM, THIS IS MY RETIREMENT HOME. I'M A CAREGIVER FROM MY MOM AND DAD. ONE'S 81. ONE'S 86 ON THANKSGIVING. SO I'M HERE TO HELP TAKE CARE OF THEM. BUT AT SOME POINT IN TIME, I'D LIKE TO MAKE THIS MY RETIREMENT. BEFORE WE STARTED THIS PROJECT, WE WENT TO ALL OF OUR NEIGHBORS AND WE ASKED OUR NEIGHBORS AND TOLD THEM WHAT WE WERE DOING. SO, I MEAN, I'VE GOT LETTERS THAT GO ALL THE WAY BACK TO 2018 OF ALL OF OUR NEIGHBORS AT SUPPORTED IT. OUR ARCHITECT IS NO LONGER WITH US. UM, HE'S NOW RETIRED AND HASN'T WORKED WITH US. SO WHEN WE BUILT THIS HOUSE, WE STARTED IN JANUARY OF THIS YEAR. WE GOT ALL THEIR PERMITS. WE GOT EVERYTHING WE WANT. MY BUILDER'S GOT EVERYTHING HE NEEDS. SO AT SOME POINT IN TIME, AND I DON'T KNOW WHY, BUT THIS PROCESS STILL HAS SOME BIG KINKS IN IT. IN THE LAST FIVE MONTHS, WE'VE HAD 19 VISITS FROM THE D D SS DEPARTMENT, 19 VISITS. AND EVERY TIME SOMEBODY COMES, WELL, SOMEONE CALLED UPSTAIRS WANTS TO KNOW, CITY COUNCIL WANTS TO KNOW. I'M A SPECIAL DETECTIVE WITH THE, THE CITY COUNCIL. WE GET, WE GET EVERY STORY UNDER THE SUN, BUT WE HAD 19 IF NOT MORE. WE'VE ALSO GOT AT LEAST ANOTHER 12 OR MORE COMMUNICATIONS WITH OR WITHOUT THE CITY THAT PEOPLE DON'T RESPOND. YOU ASK 'EM A QUESTION, PEOPLE JUST CHOOSE NOT TO RESPOND. WE'RE VERY FLEXIBLE. WE'RE TRYING TO GET THIS PROJECT DONE. WE UNDERSTAND THAT WE'RE CLOSER FROM THE ONE NOW THAT WE UNDERSTAND THE PROPERTY LINE. BUT AS THIS PICTURES SHOW, IT'S BECAUSE WE HAVE CONFLICTING STORIES. AND AGAIN, TO THIS DAY, SOME OF THE DOCUMENTS THAT ARE ON HERE, IT SAYS ON THE NOTICE TODAY THAT, THAT THERE WAS A, UH, A NOTICE OF STOP WORK. WE DON'T HAVE A WORK NOTICE OF WORK STOP. WHAT HAPPENED WAS WHEN MR. RAMIREZ CAME OUT AT ONE POINT IN TIME, HE SAYS, HEY, YOU NEED TO GO BACK TO B O A AND I SAYS, ASK FOR ANOTHER VARIANCE. AND HE SAYS, IF YOU CAN MAKE SURE YOU DON'T WORK ON THE BACK OF THE HOUSE. WE SAID, OKAY, WE'RE NOT GONNA WORK ON IT. WHAT DO WE NEED TO DO? WE NEED YOU TO COME OUT THERE AND PUT SOME STAKES IN THE GROUND SO WE CAN LOOK AT THAT. SO WE WENT AHEAD AND CALLED OUR SURVEYOR OUT THERE. WE GOT SOME OLS PUT IN POINT OF LINE OF SIGHT. WE PAID THE MONEY ON IT, PUT 'EM IN SIGHT. AND THIS IS ONE OF THEM EXAMPLES THAT MAKES YOU A LITTLE FRUSTRATED. SO WE CALL THE CITY BACK OUT THERE, THEY COME OUT THERE, OKAY, LEMME TAKE SOME PICTURES. WE'RE GOOD TO GO. GOES TO THE CAR, COMES BACK. MY BOSS WANTS TO KNOW WHERE YOUR SURVEY'S AT. YOU DIDN'T ASK ME FOR A SURVEY. SO NOW WE SPEND ANOTHER $450 AND NOW YOU SEE THE STAKES IN THE GROUND. SO IT'S BEEN LIKE THAT. VERY, VERY HARD. FRUSTRATING, CONFUSING. 'CAUSE I DON'T KNOW OF ANY OTHER SITE THAT GETS 19 VISITS IN FIVE MONTHS. IF YOU LOOK AT OUR NEIGHBORHOOD, IT'S MAINLY A GENERAL, A SINGLE FAMILY NEIGHBORHOOD. HOWEVER, THERE ARE FIVE RENTALS WHICH MAKE UP ABOUT 30% OF OUR NEIGHBORHOOD. AND I ASSURE YOU, IF YOU CHECK ALL THE RENTALS IN THE NEIGHBORHOOD, THERE'S NO PERMITS THERE. I'M NOT WORRIED ABOUT THEM, I'M WORRIED ABOUT MYSELF, BUT WE'RE DOING EVERYTHING THAT WE CAN TO MAKE SURE WE'RE DOING THE RIGHT THING. SO WHAT WE'RE ASKING FOR IS BASED ON HERE. AND IF YOU LOOK AT, LET ME BACK UP A LITTLE BIT. WE, WHEN WE, WE FIRST STARTED GO DOWN TO SHOW THE BACK DECK. WHEN WE FIRST STARTED THIS, OUR PROPERTY WAS GONNA BE LIKE NINE INCHES OFF FROM OUR VERY ORIGINAL, FROM NINE TO 10 INCHES FROM, AND THAT'S THAT ONE RIGHT THERE. GO BACK ONE RIGHT THERE. SO WHEN WE STARTED THIS PROCESS, WE WERE ABOUT NINE INCHES OFF. AND THE HOUSE WAS BUILT AND BROUGHT THERE IN THE 1930S. AND WHAT'S UNIQUE ABOUT OUR SIDE OF THE STREET IS THE CITY DECIDED TO PUT THE HISTORIC LINE DOWN THE MIDDLE OF THE STREET. SO IF YOU TURN RIGHT ON OUR STREET, ALL OF YOU ON THAT SIDE ARE HISTORIC. ALL OF YOU THAT HAVE OLDER HOMES ON THE LEFT, YOU'RE NOT HISTORIC, WHICH IS KIND OF WEIRD BECAUSE AT THE END OF THE BLOCK IT GOES THROUGH THE CITY PUBLIC SERVICE, WHICH THEY'RE HISTORIC, BUT THEY JUST PUT UP A SIX FOOT CONCRETE PRIVACY FENCE THAT YOU CAN'T SEE AROUND THE CORNER ON HIGHLAND, WHICH IS THE NEXT STREET OVER. SO, I MEAN, THERE'S JUST A LOT OF NUANCES. WE'RE, IF YOU DON'T KNOW WHERE WE'RE AT, WE'RE RIGHT THERE BY ROOSEVELT PARK WHERE THE C P S BUILDING'S ON THE END OF THE STREET. SO WE'VE BEEN THERE, LIKE I SAID, SINCE 1962. I WAS BORN IN 65. DON'T WORRY ABOUT, I'M GETTING OLDER , DON'T LOOK AT THE MATH. BUT WE'VE BEEN THERE OUR WHOLE LIVES. SO AS YOU CAN SEE BY WHAT WE DID HERE IS WE KNEW THAT THE YARD CUTS IN, [02:10:01] IN THE BACK WE'RE 50 FEET IN THE FRONT, WE GO TO 34. SO WHEN WE CAME AT THE ORIGINAL TIME, WE SAID THAT BEAM THAT YOU SEE RIGHT THERE IS GONNA BE OUR UPPER DECK THAT LOOKS OVER DOWNTOWN SAN ANTONIO. SO WE ALREADY KNEW THAT THE YARD WAS COMING IN. SO WHAT'D WE DO? WE TOOK THAT AND MADE THAT ANOTHER 12 TO 14 INCHES IN TO OFFSET WHAT WE THOUGHT THE YARD WAS GONNA BE. SO WHEN WE DID IT, WE'RE STILL THE 18 INCHES FROM THE FENCE LINE. WE'RE NOT FROM THE PROPERTY LINE. SO THE REASON THAT WE'RE ASKING FOR THE ONE IS BECAUSE WE HAVE CONFLICTING STORIES, AND OUR NEIGHBOR'S GONNA TESTIFY HERE THAT THEIR SURVEY FROM 2019 IS GONNA SHOW THAT WE'RE SIX INCHES. NOW, WE ASKED THE CITY WHEN THEY SAID SOMEONE, I DON'T WANNA NAME THEIR NAME, THEY'RE NOT IN THIS ROOM. WE ASKED THEM, CAN WE GET A COPY OF THE SURVEY? NO RESPONSE. CAN WE GET A COPY OF THIS SURVEY? NO RESPONSE. WE'D LIKE TO SEE WHAT WE'RE UP AGAINST. NO RESPONSE. I SAID, OKAY, I I GUESS WE'LL COME BACK AND WE'LL DO WHAT WE GOTTA DO HERE. SO AS YOU CAN SEE, WE DID EVERYTHING THAT WE POSSIBLY COULD TO GET THE INTENTION. SO I MEAN, THE MAIN POINT FOR TODAY IS WE'RE ASKING FOR A VARIANCE OF ONE INCH. NOW, IF THE CITY COMES BACK AND SAYS, WELL, YOU'RE AT 11, THEY'RE SAYING YOU'RE AT SIX, I'LL TAKE TWO, I'LL TAKE THREE, I'LL TAKE FOUR. THE NEIGHBORHOOD HASN'T BEEN PLOTTED IN OVER A HUNDRED YEARS. SO IF THE CITY COMES BACK AND SPENDS UMPTEEN UMPTEEN MONEY AND SAYS, LET'S RELIGHT IT, AND YOU COME BACK AND SAY, ALL RIGHT, YOU'RE AT FIVE. WELL, NOW I'M IN TROUBLE BECAUSE I'M GONNA HAVE TO COME BACK HERE AND EXPLAIN WHY I'M DOING WHAT I'M HAVING TO DO AGAIN. SO WE'RE ASKING FOR THE VARIANCES TO MAKE SURE THAT WE DO WHAT WE DO. AGAIN, THIS IS MY RETIREMENT HOME. WE'VE BEEN WORKING ON IT NOW FOR FIVE YEARS. WE HAVEN'T TOUCHED THE BACK OF THE HOUSE. THE BEAMS ARE UP THERE. THE WOOD'S STARTING TO TURN COLORS. WE'VE BEEN SITTING HOLDING FOR TWO, THREE MONTHS. BUT THIS IS ALL THROUGH THOSE 19 VISITS THAT WE'VE HAD WITH THE CITY. I MEAN, WE'RE JUST ASKING FOR WHAT WE NEED TO DO AND, AND WE'VE BEEN COMPLYING AND DONE EVERYTHING THAT WE POSSIBLY CAN. THE CITY SAID STOP WORK. WE STOPPED WORK. AND AGAIN, IT WASN'T A CITATION. AND I HAD TO GIVE THE GUY'S NAME. HIS NAME IS MR. RAMIREZ. AND HE SAID, HEY, STOP WORKING. LET ME GET WITH MY BOSSES. WE'LL TAKE CARE OF IT. NOW, THE REST OF THE STORY, I WOULD JUST ASK SOMEONE, PLEASE LOOK INTO THAT. 19 VISITS, COME ON. THAT'S, THAT, THAT'S QUITE A BIT. AND I MEAN, IT EVEN GETS TO THE POINT IN TIME WHERE SOMEONE PULLS UP AND SAYS, DO YOU HAVE A PERMIT? YEAH, WE HAVE A PERMIT, BUT WHAT'S THE NUMBER? AND THEY LOOK IT UP. OH, I GOT IT RIGHT HERE ON MY COMPUTER. SO YOU DROVE ALL THE WAY DOWN, SAT IN FRONT OF MY HOUSE, PULLED IT UP ON YOUR COMPUTER AND GOT YOUR PERMIT NUMBER. SO, SO THAT'S WHERE WE'RE AT WITH, WE WANNA TALK ABOUT THE VARIANCES. THE SECOND PART IS WE'RE ASKING, AND I KNOW THAT THE RULES SAY THAT YOU GOTTA HAVE THE NEWER PART OF THE HOUSE, UM, FIRE RATED. WELL, WHEN YOU LOOK AT THE HOUSE, THE ORIGINAL PART OF THE HOUSE, BECAUSE IT GOES BY THE FENCE, THERE'S AN ACTUAL BOW IN THE HOUSE. IT'S A LITTLE BOW. SO WHEN YOU LOOK DOWN THE FENCE LINE, SO IF WE CAN JUST BACK UP A PICTURE THAT SHOWS THE ONE DOWN THE SIDE OF THE, THE FENCE LINE. KEEP BACK A LITTLE BIT. RIGHT THERE. NOPE, RIGHT THERE. SO THE WHOLE FRONT OF THIS IS THE FRONT SIDE OF THE STRUCTURE. SO WE'RE GOING BACK ON THE HOUSE AND AS YOU, WHAT WE DID WAS WE TOOK AND TOOK THE BACK OF THE HOUSE AND TRIED TO SQUARE IT UP, FAR LEFT AS WE COULD VERSUS MAKING THIS THING LOOK LIKE A MARTIAN HOUSE AND CUT IT AND CUT IT AND CUT IT. SO THE BACK OF THE HOUSE IS SQUARED TO THE LEFT. WE ACTUALLY ADDED THREE MORE INCHES TO OUR ORIGINAL SURVEY, WHICH WAS NINE. SO IT GAVE US THAT 12 INCHES. SO WE WENT AHEAD AND SQUARED THAT OFF. SO THAT'S WHERE WE DID EVERYTHING WE COULD POSSIBLY TO MAKE SURE WE DO THIS. SO AGAIN, WE KNOW THAT YOU HAVE TO BE FIRE RATED, I UNDERSTAND THAT. BUT ONE OF THE OTHER ISSUES IS, IS THAT THERE'S NO STRUCTURE NEXT TO US AND THERE CAN'T BE ANOTHER STRUCTURE NEXT TO US. THE RULES SAY YOU HAVE TO BE FIRE RATED WITHIN FIVE FEET OF THE PROPERTY LINE. THERE'S A PICTURE IN HERE THAT SHOWS LET'S GO DOWN THE NEXT COUPLE PICTURES. KEEP GOING, KEEP GOING, KEEP GOING, KEEP GOING. ARE YOU TALKING ABOUT THE ONE THAT YOU SENT? THIS ONE? YES. YES. IF NOT, I HAVE A COPY OF IT HERE. UM, YOU HAVE THAT ONE RIGHT THERE. SO THAT PICTURE SHOWS THE PROPERTY NEXT DOOR AND, AND THE NEXT PICTURE AFTER THAT'S GONNA SHOW IT BY ZOOM. THAT HOUSE IS OVER 53 FEET AWAY FROM US. SO WE'RE ASKING FOR THE BOARD OF ADJUSTMENT TO SAY THAT WE SHOULDN'T HAVE TO DO THE UNBURNT TO SPENDING ALL THAT MONEY WHEN NUMBER ONE, THERE'S NOTHING NEXT TO US. NOW HERE, HERE'S THE OVERVIEW. SO WE'RE THE HOUSE ON THE RIGHT WITH THE GRAY ROOF. WE'VE DONE EVERYTHING THE CITY ASKED FOR. CITY SAYS, MAKE SURE YOU KEEP A FOUR 12TH PITCH. WE KEPT A FOUR PELL TWITCH. WE ASKED FOR THE SIDING, WE DID THE SIDING, WE'VE DONE EVERYTHING THEY SAID. THE HOUSE IN QUESTION ON THE LEFT IS 2 44 IN YELLOWSTONE. THAT'S OVER 53 FEET AWAY FROM US. NOW REMEMBER, WE ARE HISTORIC. YOU'RE ONLY ALLOWED ONE LIVING QUARTER ON YOUR PROPERTY. THEY HAVE A LIVING QUARTER ON THE PROPERTY. THEY ALSO HAVE A GARAGE ON THE PROPERTY, AND UNOFFICIALLY THEY HAVE AN APARTMENT IN THE BACK THAT SOMEONE STAYS IN THAT SHOULDN'T BE IN THERE. BUT THAT'S NOT MY PROBLEM. I'M HERE TO TALK ABOUT THE DISTANCE BETWEEN THE HOUSE AND THERE. SO WE'RE ASKING THE GROUP, THE BOARD OF DIRECTORS, TO PLEASE NOT REQUIRE US TO FIRE RATE SINCE THERE'S NOTHING THAT CAN BE BUILT ON THAT PROPERTY. AND WHEN YOU LOOKED AT THE GREEN MAP EARLIER, IT IS THE BIGGEST PROPERTY ON THE BLOCK. IT'S A HUNDRED FEET WIDE AND IT'S 200 FEET DEEP. SO IT'S THE BIGGEST PROPERTY. SO AS YOU WOULD HAVE TO GO BACK AND HAVE THE WHOLE AREA REZONED, RE PLOTTED, RE EVERYTHING, WHICH IS GONNA BE THE TWENTIES OF THOUSANDS OF DOLLARS. SO AS YOU CAN SEE TO THE LEFT [02:15:01] OF WHERE OUR SQUARE IS AT, IT'S THE BIGGEST PROPERTY ON THE BLOCK. NOT ONLY THAT, YOU'RE GONNA HAVE TO TAKE DOWN PROBABLY FIVE OR 600 YARD PECAN TREES TO BUILD ONTO THAT HOUSE, AND YOU WOULD HAVE TO ACTUALLY WIDEN THAT HOUSE BY ABOUT 40 FEET. SO AGAIN, WE'RE ASKING FOR A VARIANCE. WE'VE DONE EVERYTHING WE CAN FOR THE FENCE LINE TO GIVE IT TO US OF, AND LIKE I SAID, WE'RE ASKING FOR ONE INCH, 2, 3, 4 IS GOOD. IT'S JUST WE DON'T KNOW WHAT THAT SURVEY'S GONNA DO IN QUESTION DOWN THE ROAD. AND WE'RE ASKING FOR THE COMMITTEE TO ALSO MAKE SURE THAT WE DON'T HAVE THE FIRE RATES SINCE THERE'S NO WAY THAT SOMEONE CAN BUILD NEXT TO US. YOU KNOW, WE WILL MODIFY WHAT WE'RE DOING. AND THE OTHER THINGS ARE, I UNDERSTAND THAT WHEN WE GO THROUGH AND GET OUR BLUEPRINTS APPROVED, WE APPROVE THEM THROUGH THE H D R C, WE APPROVE THEM THROUGH HERE. THEY'RE, THEY'RE DOING JUST THE DESIGN. WE'RE GOOD WITH THAT. NOW THE STEP GOES ON ABOUT THE FIRE RATING IS WHERE I'M ASKING FOR SOMEONE TO WAVE AND SAY WE DON'T HAVE TO DO IT BASED ON THE SPECIAL NEEDS. I MEAN, IT'S INTERESTING IS IN THE SAME NEIGHBORHOOD, IF YOU LOOK WHERE OUR STREET IS IN FRONT OF THE RED GO ALL THE WAY TO THE RIGHT, THE VERY TOP ON THE CORNER THERE, THE CITY JUST GRANTED THEM A, IT'S A COMMERCIAL PROPERTY AND THEY JUST GRANTED THEM SPECIAL RIGHTS TO DOWNGRADE THEIR ZONING. SO THEY COULD DO OTHER STUFF IN THERE. AND THE, AT THE END OF THE RED PROPERTY, THERE IS A HISTORIC RESIDENTIAL. AT SOME POINT IN TIME, THEY'RE GONNA TURN IT INTO A CONSTRUCTION AND PARK CONSTRUCTION EQUIPMENT THERE. AND THEN ALSO ON OUR STREET AT THE CORNER, THEY'RE PUTTING SIX TWO STORY TOWN HOMES THAT THEY'RE GONNA PUT ON THIS SIDE OF THE STREET. THAT'S NOT HISTORIC. SO OUR HANDS ARE KIND OF TIED ON THAT SIDE OF THE STREET. BUT THIS SIDE OF THE STREET, THEY CAN DO WHAT THEY WANT. AND AGAIN, THERE'S CONSTRUCTION GOING ON EVERYWHERE YOU GO, FIVE, SIX BLOCKS DOWN THE ROAD. I COULD POINT OUT HALF A DOZEN THINGS THAT WERE BUILT, NOT FIRE RATED, NOT BEEN TO THE BOARD OF DIRECTORS. BUT AGAIN, WE'RE NOT HERE TO POINT THEM OUT. I'M JUST TRYING TO ASK AND UNDERSTAND WHAT WE'RE TRYING TO GET THROUGH. ONE LAST THING ALSO TOO IS YOU SEE ALL THE CHECK MARKS THAT WE HAVE IN THERE IN 2018. I ALSO HAVE A LETTER FROM MY NEIGHBOR. SHE'S HERE, SHE'S STANDING RIGHT BEHIND ME IN 2018. SHE SIGNED IT. I SUPPORT WHAT THE MIND SEERS ARE DOING. I'VE KNOWN THEM MY WHOLE LIFE. IT'S THIS ONE RIGHT HERE. IT'S, UH, SO AGAIN, I UNDERSTAND THAT PEOPLE CHANGE THEIR MIND. I UNDERSTAND THAT THINGS COME UP, BUT AS WE'VE BEEN IN THIS PROJECT FOR FIVE, SIX YEARS NOW, I THINK IT'S FAIR FOR US TO CONTINUE WHAT WE'RE DOING. WE'RE ASKING FOR THE VARIANCE, LIKE I SAID, ONE INCH, TWO INCH, THREE INCH, FOUR INCH, AND ASKING FOR THE BOARD TO SAY WE DON'T NEED TO FIRE RATE IT. SINCE WE DON'T HAVE A PROPERTY NEXT TO US AND WE CAN'T GO NEXT TO IT. HOPE I DIDN'T GO TOO FAST, SO I KNOW HOW AMOUNT OF TIME. OKAY. UM, STAFF, IS THERE ANYONE SIGNED UP TO SPEAK? OKAY, SIR, YOU CAN TAKE A SEAT. WE'RE GONNA HEAR, UH, UM, PUBLIC COMMENTARY AND THEN WE, WE MAY CALL YOU BACK UP FOR QUESTIONS. JUAN JUAN GONZALEZ? YES, MA'AM. MY NAME'S JUAN GONZALEZ. UH, I, UM, DANNY SING'S NEIGHBOR. WELL MY MOM, UH, UH, CAN YOU PROVIDE YOUR ADDRESS PLEASE? UH, 2 41 YELLOWSTONE. THANK YOU. WHICH IS AJ ADJACENT TO DANNY MINE SINGER'S, UH, PROPERTY AT 2 35 YELLOWSTONE. YEP. YES. OUR LOT IS ONE OF THE BIGGEST LOTS IN THE AREA, BUT IT'S TWO LOTS. UH, LOT 10 AND LOT 11. YOU COULD SEE IT ON THE SURVEY. AND I DO WANT, IT'S GONNA BE MY RETIREMENT HOME TOO. UM, BUT WITH THAT SAID, NOW THAT HE'S BUILDING SUPER CLOSE OR RIGHT ON THE FENCE LINE, ACTUALLY HE'S ALREADY ENCROACHED ON MY PROPERTY ACCORDING TO, TO THE SURVEY THAT I PROVIDED. UH, SO I'M GONNA HAVE TO PUSH MY PROPERTY, WHATEVER BUILDING. I BUILT ANOTHER 10 FEET OFF OF THE FENCE OFF OF MY PROPERTY LINE IN ORDER FOR ME NOT TO BE AT ARM'S LENGTH WITH HIM. UM, YOU KNOW, I'VE, SINCE HE STARTED THE PROJECT BACK IN, UH, 2019, UH, I DID CALL THE, UH, THE CO COMPLIANCE AND THEY WENT OUT THERE. UH, HE HAD STARTED SOME, UH, FOUNDATION WORK. 'CAUSE HE DID GET AUTHORIZED, UH, ACTUALLY BACK IN 2020, UH, JANUARY OF 2020, HE GOT AUTHORIZED A VARIANCE OF THREE FEET. AND WITH THAT SAID, HE KNEW WHAT HE WAS GETTING INTO. UH, AND HE CONTINUED BUILDING, UH, MR. CONSTANTINO'S OFFICE. THEY REQUESTED A SURVEY AND I DON'T KNOW, IT TOOK A LONG, LONG TIME FOR HIM TO GET THAT SURVEY. UH, WELL, HE CONTINUED, HE KNEW WHAT THE, THE RISKS WERE EVEN ON, ON HIS, UH, VARIANCE. IT SAYS BUILD AT YOUR OWN RISK NOT TO EXCEED THREE FEET. HE KNEW THAT HE WASN'T SUPPOSED TO EXCEED IT, AND YET HE WENT AHEAD AND CONTINUED BUILDING. UH, HIS FIRST STRUCTURE WAS LIKE 20, UH, 20 FOOT ADDITION TO THE HOUSE TOWARDS THE BACK. AND THEN I GUESS RECENTLY HE WAS TRYING TO ADD ANOTHER 15, 20 FEET ADDITION TO IT. BUT THE OLD STRUCTURE, I, HE COULD HAVE MADE IT EASIER BY MOVING THE STRUCTURE AND COMPLYING WITH THE THREE FEET OR FIVE FEET VARIANCE. HE HAS PLENTY OF SPACE ON THE OTHER SIDE. UM, MY MOM, UH, [02:20:02] I GUESS SHE DOESN'T REMEMBER THAT PAPERWORK THAT HE, THAT SUPPOSEDLY HE, SHE SIGNED. UM, IT WASN'T, SHE'S SHE'S NOT IN CONCURRENCE WITH IT. I'M NOT, I'M GONNA BE BUILDING ON THAT THAT LOT TOO. LIKE I SAID, IT'S TWO, TWO LOTS. AND, UH, FOR IT TO BE RIGHT ON THE FENCE LINE OR INSIDE MY PROPERTY LINE, BECAUSE OF THE, THE SURVEY THAT WE DID, UM, IT'S UNCALLED FOR. I REQUEST THAT HIS VARIANCE GETS DENIED. UH, EITHER STICK AT, STAY AT THREE FEET OR GO BACK TO FIVE FEET VARIANCE, UH, ONE ONE INCH OR TWO INCHES. IT'S, IT'S LOOKS LIKE A THIRD WORLD COUNTRY, UH, SETTING. UH, IT'S UNCALLED FOR. THAT'S IT. OKAY. THANK YOU. OKAY. OKAY. UH, STAFF IS WHO IS THE ALTERNATE THAT'S IN NO PROBLEM. OKAY. JUST NOTE FOR THE RECORD THAT WHEN COMMISSIONER LEFT 3 39, YOU WERE HERE FOR THE ENTIRE, YOU HEARD THE ENTIRE CASE? YES. OKAY. OKAY. SO WHO ELSE HAS SIGNED UP TO SPEAK? THAT WAS IT. THAT WAS IT. OKAY. SO I'D LIKE TO, UH, OPEN THE FLOOR UP, UH, TO ANY QUESTIONS. UM, ANY COMMISSIONER QUESTIONS? OKAY. I HAVE A QUESTION FOR THE APPLICANT, SIR. YES, SIR. OKAY. SO THIS VARIANCE BEFORE US IS SOLELY FOR THE ADDITION, NOT FOR THE EXISTING HOME. THE EXISTING HOME. WE DIDN'T MOVE IT. SO UNDERSTAND THE EXISTING HOME'S NEVER BEEN TOUCHED. UNDERSTAND IT'S FOR THE, JUST THE ADDITION. THAT'S IT. OKAY. AND WHEN YOU ORDERED YOUR SURVEY, IT WAS LOOKED LIKE FROM 2015, DID YOU TELL THE SURVEYOR THAT IT WAS YOUR INTENT TO DO IN ADDITION INTO MM-HMM. BECAUSE I, THIS IS A NEWER SURVEY. WELL, I, I, I NOTICED THAT. OKAY. AND, AND ONE, ONE THING I NOTICED IS, IS THAT BETWEEN THE TWO SURVEYS, I'M NOT A SURVEYOR MM-HMM. , BUT IT IS COMMON FOR SURVEYORS TO BASE THE MONUMENTATION ON SOMETHING. OKAY. IT LOOKS LIKE YOUR SURVEY WAS BASED ON, UH, MONUMENTS FOUND, WHEREAS THE OTHER ONE WAS NOT. AND SO I I THINK IT'S, IT, IT CAN BE CONFUSING. UH, THERE WAS ALSO SOME BEARINGS THAT WEREN'T HELD, UH, FROM THE RECORDED PLAT. SO I'M JUST, YOU KNOW, WITH ALL THIS CONFUSION, IT'S HARD TO KNOW EXACTLY WHERE THE LINE IS, WHETHER IT'S SIX INCHES OR WHETHER IT'S A FOOT OR EVEN 18 INCHES. I MEAN, AND YOU ALMOST HAVE TO RECONCILE THE WHOLE BLOCK. SO, AND THAT'S WHAT THEY DID. THERE'S A STAKE IN FRONT OF OUR HOUSE IN THE STREET WHERE THEY PUT THE SPIKE IN THE STREET. SO WHEN THEY SAY THERE WAS ANOTHER SURVEY DONE, WE, WE DON'T, THERE'S NO SPIKES ANYWHERE. SO I KNOW, I NOTICED THAT WE HAVE THAT FROM THE CORNER. I NOTICED THAT. OKAY. SO, UH, I JUST WANTED TO TO ASK, UM, WHEN YOU GOT ALL THESE LETTERS FROM YOUR NEIGHBOR, DID YOU TALK TO THEM THE SAME, THOSE SAME PEOPLE RECENTLY? OR IS IT, UM, OR HAVE YOU HAD ANY COMMUNICATION WITH THEM IN THE LA SINCE FOR THIS PARTICULAR CASE? OR IS IT JUST WE HAVE, WE HAVE NOT TALKED TO MS. GONZALEZ SINCE THE LAST YEAR OR SO. BECAUSE SINCE WE STARTED, EVERY TIME A D D S COMES OUT, WE ASSUME IT WAS THEM CALLING NEXT DOOR. OKAY. UM, SO WE DIDN'T GO BACK OVER AND ASK FOR ANY SUPPORT OR ANYTHING AT ALL. NOW AGAIN, THEY WERE MAILED THE SAME LETTER, EVERYBODY ELSE DID, BUT, UH, THEY DIDN'T SEND A LETTER IN DEPOSITION. AND HOW AND HOW DEEP IS YOUR ADDITION? I WANNA SAY IT'S, UM, 18 OFF THE ORIGINAL AND THEN THE PATIO'S ANOTHER 15. SO PROBABLY 33 FROM THE ORIGINAL HOUSE. ALRIGHT, THANK YOU VERY MUCH. IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION? NONE. OKAY. UH, IS THERE A COMMISSIONER THAT WOULD LIKE TO, UH, MAKE A MOTION? I HAVE A QUESTION BEFORE WE PROCEED. UH, YES SIR. GO AHEAD. ARE WE ALL CLEAR ON THE SURVEY CONFUSION? UH, I AM, UH, I WAS, I WAS LOOKING AT BOTH OF 'EM, BUT WOULD YOU LIKE THEM PASSED DOWN THIS WAY? IF YOU COULD PLEASE PA UH, PASS THOSE DOWN AND, AND WHILE THEY HAVE AN OPPORTUNITY TO LOOK AT IT, I'VE NEVER SEEN IT. OH, YOU HAVE WHAT'S TO THIS DAY? I'VE NEVER SEEN THE SURVEY, THE OTHER SURVEY. IT'S PART OF PUBLIC RECORD NOW, SO IT'S, YOU COULD, YOU COULD OPEN, YOU COULD ASK FOR THAT. OKAY. AND THEN JUST GIVE THE COMMISSION A BRIEF MOMENT TO UNDERSTOOD, UH, LOOK AT IT. UH, WHILE THEY'RE DOING THAT. IS, UM, SINCE THERE'S NO OTHER SPECIFIC QUESTIONS FOR YOU THIS TIME, IS THERE ANY SORT OF REBUTTAL THAT YOU WOULD LIKE TO OFFER BEFORE WE, UH, DELIBERATE? YEAH, I, I MEAN, I WOULD LIKE TO SAY, YOU KNOW, WE, WE, WE AGAIN ASK FOR THE BOARD OF ADJUSTMENT FOR YOUR SUPPORT [02:25:01] AND THE PROJECT THAT WE'RE DOING. YOU KNOW, I THINK THERE IS A, A MISCOMMUNICATION. WHEN WE WERE HERE BEFORE, WE WERE GIVEN 18 INCHES, NOT THREE FEET. AND WE, WE TRIED ALL THESE THINGS AND I THINK, AND NO NEGLIGENCE ON HIS LACK OF KNOWLEDGE WITH THE H D R C, BUT YOU CAN'T PICK UP AND MOVE A HISTORIC HOUSE. THEY'RE NOT GONNA LET YOU DO THAT BECAUSE WE, WE HAD ALL KIND OF SOLUTIONS. NOW IF YOU LOOK BACK AT OUR LOT, OUR LOT'S ONLY 50 IN THE FRONT. SO IF YOU TAKE THE FOUR FEET, THEN YOU TAKE THE HOUSE, THE HOUSE IS ONLY 25 FEET WIDE, 24 FEET WIDE. SO YOU TAKE THE 24 FEET WIDE AND THEN YOU TAKE THE THREE FEET, YOU'RE AT 28. I'VE GOT A DRIVEWAY ON THIS OTHER SIDE. SO NOW I'M ALREADY AT GETTING CLOSE TO 50. SO THERE'S NOWHERE FOR US TO MOVE BECAUSE ONE OF THE OPTIONS WE HAD ASKED THE H G R C IS, WELL, CAN WE MOVE THE HOUSE? NO. CAN WE MOVE IT OVER? NO. CAN WE TEAR IT DOWN? NO, WE, WE, WE WERE NOT GIVEN ANY OTHER OPTIONS EXCEPT TO ADD ON LIKE WE DID. SO AGAIN, WE TRIED EVERYTHING THAT WE POSSIBLY COULD TO MAKE IT SLIMMER IN THE BACK BECAUSE AGAIN, WE'RE 50 IN THE FRONT, 34 IN THE BACK. YEAH. SO AGAIN, I MEAN WE WERE APPROVED. WE'VE GONE THROUGH ALL OF 'EM. WE'RE JUST ASKING FOR A MINOR ADJUSTMENT. AND AGAIN, IT DOESN'T HAVE TO BE AN INCH, IT CAN BE FOUR INCHES OR FIVE INCHES TO KEEP US WITHIN THE OTHER SURVEY AND IN, IN QUESTION. BECAUSE WHEN YOU LOOK AT THE PATIO THAT'S UP THERE, IT ALREADY MEETS THE SURVEY. IT ALREADY MEETS WHERE WE NEED TO BE AT. RIGHT, RIGHT. THANK YOU. UH, IS THERE ANY QUESTIONS, UH, FROM THE COMMISSION? YES, I HAVE A QUESTION. COMMISSIONER MINCHA. AND LOOKING HERE AT THE PLATTS, UH, HERE, I FORGOT THE DATE HERE. 2019. OH, 2019 YOU HAVE LOT 10 AND 11. UH, I THINK IT'S THE OWNER. HAS IT BEEN REPLANTED OR TOO INDEPENDENT? IT'S ALWAYS BEEN PLATTED THAT WAY. YOU HAVE A LOT. 10 AND 11. MY MOM'S HOUSE SITS ON A LOT. 11, I BELIEVE. COULD YOU GO TO THE MIC PLEASE, SIR? RIGHT. YEAH, IT'S ALWAYS BEEN PLOTTED THAT WAY. UH, WE DIDN'T HAVE TO PLOT IT. UH, EVEN THERE'S TWO DRIVEWAYS, UH, GOING INTO THAT PROPERTY 'CAUSE IT'S DIVIDED INTO TWO PLOTS. LOT 10 AND LOT 11. MY MOM RESIDES IN LOT, UH, 11. AND WHAT I WAS GONNA DO IS I WAS, I'M PLANNING ON BUILDING A, CONSTRUCTING A HOUSE RIGHT NEXT TO HER. THANK YOU. THE REASON I WAS ASKING THE AMOUNT OF SPACE BETWEEN HIS PROPERTY AND YOUR PROPERTY AND WHAT YOU'RE PLANNING TO BUILD AND HOW FAR BACK YOU WERE GONNA BE. AND SINCE YOU HAVE NO PLANS, I WAS JUST CURIOUS ABOUT WELL, IT HAS BEEN REPLANTED. NO, IT'S, IT'S ALWAYS BEEN PLOTTED THAT WAY. LIKE I SAID, IT'S, I SEE TWO LOTS, RIGHT? THERE'S TWO DRIVEWAYS. THERE'S, I THINK THERE'S TWO, UH, WATER METERS. ONE'S NOT ACTIVE. THE OTHER ONE IS THANK YOU MANNA COMMISSIONER MANNA. SO, SO, UM, MAY THIS QUESTION'S FOR THE CITY OR, OR MAYBE FOR THE APPLICANT HERE. SO, SO ON THIS PAGE RIGHT HERE, IT DOES SHOW THAT THE CONSERVATION SOCIETY IS SAN ANTONIO AS AN OBJECTION. UM, DO WE KNOW, WERE THEY AN OBJECTION BEFORE THE FIRST PASSES THROUGH AND, AND THAT THEY HAVEN'T CHANGED THEIR MIND OR IS THERE SOMETHING NEW THAT'S ARRIVED? THEY WERE OBJECTION. THE FIRST TIME. THEY'RE AT THE VERY END OF THE STREET ON THE FAR LEFT. THEIR FIRST OBJECTION WAS TO A TWO STORY HOUSE ON THE BLOCK. BUT THEY HAVE A TWO STORY HOUSE IN THE BACK. THAT'S WHERE THE CAREGIVER GIVES, ALL I UNDERSTAND NOW IS FROM WHAT THE OBJECTION WAS, ONE INCH FROM THE PROPERTY. THAT'S MY UNDERSTANDING NOW. THANK YOU. ANY OTHER QUESTIONS? OKAY, HEARING NONE. UM, IS THERE A COMMISSIONER THAT'D LIKE TO MAKE A MOTION? YEAH, AND AS A REMINDER, UH, THE APPLICANT HAS, HAS, UH, MENTIONED THAT, UH, UP TO SIX INCHES WOULD BE COMPLETELY ACCEPTABLE AS OPPOSED TO THE ONE INCH HE WAS, UH, INITIALLY REQUESTING. SO, MANANA FOR A QUESTION THERE. SO, SO PART OF THE DIALOGUE HERE IS IT DOES SEEM TO BE A FLOATING LINE. AND SO DOES THAT PRESENT ANOTHER CHALLENGE AT SOME POINT DOWN THE ROAD? IF, IF, YEAH. SO WHAT HAPPENS IS, UH, I'LL, I'LL, I WILL TELL YOU WHAT I RECALL FROM MY DAYS AS A SURVEYOR IN TRAINING, OKAY. SO THAT YOU, YOU LOOK AT BEARINGS TRUMP DISTANCES AND ONE SURVEY IS HOLDING THE A HUNDRED FEET AND THEY'RE NOT HOLDING THE BEARING THAT STEMS OFF THE STREET LINE. ONE SURVEY IS CALLING MONUMENTS UP THE STREET TRYING TO RECONCILE UP THE LOTS, OR ANOTHER ONE IS NOT. AND SO, UH, YOU KNOW, TRUTHFULLY, I THINK THERE MIGHT NEED TO BE A THIRD SURVEY THAT DOES A LOT OF INVESTIGATION AND IT WILL PROBABLY COST QUITE A BIT IF YOU REALLY WANTED TO KNOW THE DISBURSEMENT OF MANY ERRORS DOWN THE BLOCK. SO WE DON'T REALLY KNOW FOR SURE WHERE EXACTLY THE LINE IS. 'CAUSE WE HAVE TWO CONTRASTING SURVEYS AND ONE IS SHOWING [02:30:01] 18 INCHES AND ONE IS SHOWING SIX INCHES. THAT'S HOW MUCH THE DIFFERENCE CAN BE, ESPECIALLY FROM A 1930 PLAT. RIGHT? SO, UH, AND SO THIS IS JUST, UM, YOU KNOW, WE'RE JUST GONNA HAVE TO DO THE BEST WE CAN WITH THE, WITH THE TWO, UM, SEALED PRODUCTS THAT WE HAVE BEFORE US. UM, IT WOULD BE MY SUGGESTION THAT THAT, UM, IF, IF SIX INCHES IS, IS THE SAFE NUMBER AND IT'S ONLY FOR ONE SMALL ADDITION THAT'S 35 FEET, NO LONGER THAN 35 FEET, THAT'S SOMETHING A COMMISSIONER WOULD SHOULD TAKE IN MINE AS THEY MAKE A MOTION, FOUR FOOT FIVE INCH, FOUR FOOT SIX, UH, SIX INCH VARIANCE FOR TO ALLOW FOUR FOOT FIVE, FOUR FOOT, SIX INCH. AND THEN YEAH, WOULD BE SIX. IT WOULD BE SIX. OKAY. AND THEN IT SAYS IT'S FOUR IN ADDITION. SO IT'S NOT FOR THE, UH, COMMISSIONER TEAL, UH, REGARDING CASE NUMBER BO O A DASH 21 DASH THREE TWO, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTOR REQUEST FOR A FOUR FOOT SIX INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE BACK SETBACK REQUIREMENT TO ALLOW THE ADDITION TO BE SIX INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 2 3 5 YELLOWSTONE STREET. APPLICANT BEING DANIEL, DANIEL AND PAULA INGER BECAUSE THE TESTIMONY PRESENTED 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 THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE REQUEST TO ALLOW A ROOM ADDITION ENCROACHMENT AND TO THE SIDE SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST. AS THE APPLICANT HAS ADEQUATE SPACE FROM THE ADJACENT STRUCTURE. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. THE BOARD FINDS THE SPECIAL CONDITIONS THAT IF ENFORCED WOULD RESULT IN AN UNNECESSARY HARDSHIP BY IMPOSING A LITERAL ENFORCEMENT. THE ROOM ADDITION WOULD NEED TO BE ADJUSTED TO FIVE FOOT, WHICH WOULD REQUIRE PARCEL DE DEMOLITION OF THE ROOM ADDITION, WHICH WOULD REDUCE THE AMOUNT OF SPACE FOR THE ROOM. ADDITION THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE SETBACKS IS TO PROVIDE SPACING BETWEEN NEIGHBORING STRUCTURES, WHICH IS OBSERVED. FOUR. THE VARIANCE WILL NOT AUTHORIZE AN OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OF OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE CONFORM ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO REDUCE A PORTION OF THE SIDE SETBACK DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF THE ADJACENT PROPERTIES. ITS NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE PROPERTY IS LOCATED WITHIN A HISTORIC DISTRICT AND THERE ARE OTHER NON-CONFORMING LOTS WHERE THE RESIDENTIAL HOMES ARE ENCROACHING INTO THE SIDE SETBACKS. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS THAT THE PLIGHT OF THE PROPERTY OWNER IS SOUGHT DUE TO UNIQUE CIRCUMSTANCES ON EXISTING ON THE PROPERTY DUE TO REGULAR LOT SIZES, WHICH IS COMMON IN THIS AREA OF TOWN IN A MOTION. THANK YOU. IS THERE A SECOND? SECOND, UH, SECOND BY COMMISSIONER AMANDA, UH, COMMISSIONER THIEL, PLEASE LEAD THE DISCUSSION. YEP. UH, THIS IS DEFINITELY, UH, AN INTERESTING CASE HERE WITH THE TWO CONFLICTING, UH, SURVEYS, UM, FOR BOTH PARTIES. I DEFINITELY WOULD REACH OUT AND TALK TO YOUR SURVEYOR ABOUT THE RE AND O INSURANCE. UM, THAT BEING SAID, UH, IT LOOKS LIKE THIS HOUSE IS FALLING IN LINE WITH THE ORIGINAL FOOTPRINT AND THAT MEANS THAT THAT PROPERTY WOULD'VE ALWAYS BEEN IN THE SIDE SETBACK. SO I DON'T SEE AN ISSUE WITH IT CONTINUING ALONG THAT LINE AND WE'VE MOVED IT BACK THE SIX INCHES AS REQUESTED OR, OR, UH, AMICABLE WITH THE APPLICANT THEMSELVES. SO I WILL BE IN SUPPORT. THANK YOU COMMISSIONER MANNA. SO, SO, SO THERE MAY HAVE BEEN A FRIENDLY AMENDMENT BEING OFFERED BY THE CHAIR WITH REGARDS TO THE, THE LENGTH IF, IF I UNDERSTOOD. SO, SO SHOULD WE CONSIDER THAT POTENTIALLY AS, THAT WOULD BE LIMITED TO 35 FEET, I THINK WOULD BE A SAFE NUMBER FOR THE, SO, SO I THINK I'D LIKE TO, IF WE COULD ADD THAT, THEN I, THEN I WOULD BE IN FAVOR. I'M IN AGREEMENT. YES. THEN I'M IN FAVOR. OKAY. THEN THE MOTION IS, IS THEREFORE CHANGED TO BE FOR AN ADDITION NOT TO EXCEED 35 FEET OFF THE REAR OF THE BUILDING. UH, AND I JUST WANTED TO ASK, TAKE A MOMENT. THE APPLICANT IS AT, UM, 35 FEET. A GOOD NUMBER. [02:35:01] ALL RIGHT. THANK YOU. UH, IS THERE ANY OTHER COMMISSIONER COMMENTARY? NO. ALL RIGHT. I'LL JUST, I'M GONNA, UM, ASK STAFF TO TAKE A ROLL CALL. VOTE PLEASE. MR. MANCHACA. I CONCUR. MS. CRUZ? YES, I CONCUR. MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT. MS. BREGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MS. MEESE I CONCUR. MR. ALBERT I CONCUR. MR. VASQUEZ. I CONCUR. MR. UM, SORRY, MS. LYNN, I CONCUR WITH THE FINDING OF FACT. MR. THIEL? YES. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 11 TO ZERO. UH, PLEASE GET WITH STAFF AND THEY'LL TALK TO YOU ABOUT WHAT TO DO NEXT. THANK YOU. ALL RIGHT, ITEM NUMBER [7. 21-5373 BOA-21-10300103] SEVEN, PLEASE. UH, CASE NUMBER SEVEN, BO 8 21 DASH 1 0 3 0 0 1 0 3. ADDRESS IS GONNA BE 26 15 WEST POPLAR CITY COUNCIL. DISTRICT NUMBER ONE APPLICANT IS CLARA SANCHEZ. REQUEST IS FOR ONE A 10 FOOT FOUR INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A STRUCTURE TO BE NINE FEET, EIGHT INCHES AWAY FROM THE REAR PROPERTY LINE. AND TWO, A 204 SQUARE FOOT VARIANCE FROM THE MINIMUM LOT SIZE REQUIREMENT OF 4,000 SQUARE FEET TO ALLOW, UH, RESIDENTIAL STRUCTURE TO BE CONSTRUCTED ON A LOT OF 3,796 SQUARE FEET. UH, CURRENT ZONING IS MULTIFAMILY. SUBJECT PROPERTY IS LOCATED ALONG WEST POPLAR DRIVE NEAR NORTHWEST 19TH STREET AND IS CURRENTLY A VACANT LOT CUSTOMERS REQUESTING TO BUILD A RESIDENTIAL STRUCTURE, NINE FEET, EIGHT INCHES FROM THE REAR PROPERTY LINE. THERE IS ALSO A MINIMUM LOT SIZE VARIANCE, WHICH IS CURRENTLY AT 3,796 SQUARE FEET. SITE PLAN, UH, CURRENT PROPERTY, THAT'S THE LEFT PORTION OF THE PROPERTY AND THE RIGHT REAR SETBACK, THAT'S A SIDE SETBACK SET BACK TO THE FENCE SURROUNDING AREA. SURROUNDING AREA, UH, SIDE SETBACK MINIMUM LOT SIZE VARIANCE. STAFF RECOMMENDS APPROVAL IN BO O A 21 DASH 1 0 3 0 1 0 3 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE PRIMARY STRUCTURE WILL MAINTAIN NINE FEET, EIGHT INCHES SETBACK FROM THE REAR PROPERTY LINE. TWO, THE PROPOSED STRUCTURE WILL BE SIMILAR AND DESIGNED TO OTHERS IN THE SURROUNDING AREA. THREE, THE CURRENT LOT SIZE IS SIMILAR TO OTHER SMALLER LOT SIZES IN THE AREA. FOUR. THE CONSTRUCTION OF THIS RESIDENTIAL HOME WILL, WILL HELP ENHANCE THE SURROUNDING NEIGHBORHOOD. AND FIVE, THE CONSTRUCTION OF THE STRUCTURE WILL NOT HAVE AN ADVERSE EFFECT ON THE NEIGHBORING PROPERTIES. 42 NOTICES WERE MAILED OUT. ZERO IN FAVOR. ONE IN OPPOSITION. THERE WAS NO RESPONSE FROM PROSPECT HILLS NEIGHBORHOOD ASSOCIATION. ANY QUESTIONS FOR STAFF? MANNA, COMMISSIONER MANNA. SO, SO WHAT BROUGHT THIS FORWARD AS FAR AS THIS CASE? UM, I'M NOT SURE IF IT WAS A CODE CASE. I, I DON'T, I DON'T BELIEVE CODE WAS CALLED IN ON THIS. UM, BUT THERE'S NO STRUCTURE CURRENTLY THERE. OKAY. GOT, I GUESS ARE STARTING TO FORM, SO, OKAY. THANK YOU. AND I HAVE A QUICK QUESTION BEFORE WE BRING THE APPLICANT UP. DO, IS THERE A, A, A SITE PLAN OF WHAT IS BEING PROPOSED ON THE LOT? THERE IS A SITE PLAN THAT, THAT THEY CURRENTLY HAVE. IS, DO YOU HAVE IT IN THE FILE? I BELIEVE WE HAVE IT IN THE FILE. OKAY. IF YOU CAN BRING THAT UP WHILE WE'RE HEARING THE APPLICANT AND WHERE'S THE APPLICANT? UH, SIR, COME ON UP. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND, UH, MY NAME'S GILBERT OSORIO. I'M HERE ON BEHALF OF MY MOTHER, CLARA SANCHEZ. OKAY. UM, SO MY MOM'S OWNED THIS PROPERTY SINCE OH FIVE. I MEAN, IT'S, IT USED TO HAVE A HOUSE ON THERE BURNED DOWN YEARS AGO, AND HER AND MY STEPFATHER, UH, BOUGHT IT AND PLANS TO, TO BUILD FOR, FOR US AND MY KIDS IN THE FUTURE. UM, SO, UH, WHAT WE'RE PROPOSING IS THESE VARIANCES, UM, TO BE ABLE TO, TO BUILD THIS HOME. IT'S, I MEAN, IT'S NOT [02:40:01] GONNA BE A RENTAL PROPERTY OR ANYTHING LIKE THAT. IT'S GONNA BE FOR US AND I MEAN FOR THE FUTURE OF MY KIDS AS WELL. UM, MY MOM JUST LIVES NOT EVEN FIVE MINUTES FROM THERE DOWN ARBOR IN HAMILTON. AND, UM, CURRENTLY I'M OFF OF 14 AND 87. WE'RE PLANNING A CELL AND COME BACK TO THE NEIGHBORHOOD, BE CLOSER TO MY MOTHER, AND, UM, PRETTY MUCH JUST, UM, WE JUST TRYING TO BUILD OUR, OUR HOME, COME BACK INTO THE NEIGHBORHOOD I GREW UP IN. AND THAT'S PRETTY MUCH IT. . OKAY. UH, THANK YOU VERY MUCH, STAFF. IS THERE ANYONE SIGNED UP TO SPEAK? YES, THERE IS ONE PERSON SIGNED IN TO SPEAK. I HAVE, UM, CARMEN, KELSEY, OR I'M NOT SURE. I'M SORRY. COULDN'T GET YOUR LAST NAME. IT'S KELSEY. OKAY, MA'AM, IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN BEGIN. BEGIN. MY NAME IS CARMEN S KELTY. OH, THANK YOU VERY MUCH. MY NAME IS CARMEN S KELTY, AND I'M, I REPRESENT THE, THE HOME NEXT TO THIS, UH, AND WHICH THEY'RE DOING AN ENCROACHMENT ON MY, MY YARD. AND THE THING ABOUT IT IS THAT, UH, THERE'S TREES THERE AND MY FENCE IS . THEY'RE IN BETWEEN THE TREES ON MY SIDE OF THE PROPERTY AND I'VE GOT PICTURES HERE. AND, UH, SO THEY'RE TRYING TO TAKE PART A LITTLE. I DON'T KNOW HOW MUCH TO TRYING TO TAKE, BUT I, I BOUGHT THE HOUSE AS IS AND I HAVE NOT CHANGED THE FENCE. THE FENCE IS THERE. SO DO I SHOW YOU THE PICTURES? YOU CAN GIVE THOSE TO STAFF AND THEY CAN, UH, PUT THEM UP ON THE SCREEN. OKAY. OKAY. YEAH. THE HOUSE IS NEXT TO THAT ONE. LEMME SAY 26 17 MANNA COMMISSIONER MANNA. I, I, I DON'T KNOW IF I HEARD THE ADDRESS AND SO, OR, OR WHICH ADDRESS SHE'S SPEAKING TO WEST POPLAR. I, I'M SORRY. SHE'S AT 27 26 17. OKAY, PERFECT. OKAY. 26 17 WEST POPLAR. THANK YOU. . AND SO THE A THE APPLICANT BEFORE US IS AT 26 15. UH, AND THIS, THIS RESIDENT WHO IS TESTIFYING IS, UH, LOCATED ON THE LEFT SIDE WHEN FACING. THERE'S, YOU SEE HERE, THERE'S, YOU'LL SEE THIS. YES. THAT'S SO CLOSE TO MY PARENTS IF THEY HAVE A FIRE. THE FIRST PEOPLE, UH, MA'AM, CAN YOU, UH, PLEASE. YEAH. THE PEOPLE THAT LIVED THERE BEFORE, THEY HAD A FIRE MM-HMM. . AND THIS MAN HAS HIS FA HIS, UH, STRUCTURE SO CLOSE TO MY, TO MY HOME. AND, UH, I MEAN, I DON'T WANT IT THAT CLOSE. 'CAUSE I MEAN, IF THERE'S A FIRE AND THERE'S TREES THERE, THEY'LL COME TO MY HOUSE AND, AND MA'AM, YOU, YOU THIS, THE APPLICANT IS ASKING FOR A, A REDUCTION ONLY IN THE REAR ON THE SIDE. THEY'RE NOT VIOLATING O ONLY ON THE REAR. BUT SEE, I HAVE MY FENCE, I HAVE MY, MY FENCE IS IN BETWEEN ALL THOSE TREES. I MEAN, NOT IN BETWEEN, BUT IT'S ON THE, ON, ON THIS SIDE OF THE, ON, ON THIS SIDE OF, UM, ON MY HOUSE, NOT ON THAT SIDE. AND THERE'S A FENCE ON THAT SIDE TOO. OKAY. STEPH, UH, UH, ON THE SITE PLAN THAT YOU HAD DISPLAYED, THERE WAS A DIMENSION FROM THE SIDE OF THE PROPOSED HOME TO THE SIDE PROPERTY LINE, AND IT LOOKED A LITTLE BLURRY, BUT IT LOOKED LIKE IT WAS LIKE EIGHT FEET. AM I OFF ON THAT? ON THE, ON THE SIDE PLAN IT SHOWS EIGHT FOUR, BUT WHEN WE MEASURED IT, IT WAS 10. OKAY. SO CURRENTLY THE, THE, THE CODE REQ ALLOWS YOU TO BE AS CLOSE AS FIVE FEET TO THE FENCE. AND THIS APPLICANT IS IN THE VICINITY OF 10 FEET. MM-HMM. . SO THEY'RE ALMOST DOUBLE OR THEY ARE DOUBLE WHAT THE MINIMUM IS. UM, I DIDN'T KNOW IF YOU HAD BEEN MADE AWARE OF THAT BY STAFF. NO, I JUST, I JUST THOUGHT IT WAS TOO CLOSE TO MY HOUSE. AND SINCE THERE WAS A FIRE THERE BEFORE, YOU KNOW, I, I DEFINITELY KNOW DON'T WANT THEM THAT CLOSE TO MY HOUSE. WELL, ESPECIALLY WITH TREES, I UNDERSTAND THEY'LL GET [02:45:01] ON THE TREES, ALL THAT FIRE AND, AND, AND THEN IT'LL, IT'LL, YOU KNOW, SPARSE FLY. YES, MA'AM. UM, WELL, WHILE YOU'RE UP, SINCE YOU'RE, THIS IS THE ONLY RESIDENT THAT HAS SIGNED UP? CORRECT. OKAY. IS THERE ANY QUESTIONS OF, FOR, FOR THIS RESIDENT BEFORE, BEFORE WE GO BACK TO THE APPLICANT? JUST WHILE YOU'RE HERE MM-HMM. , IS THERE ANYONE THAT WOULD LIKE TO ASK A QUESTION? NO. OKAY. UH, WELL MA'AM, IS THERE ANYTHING ELSE YOU WOULD LIKE TO ADD BEFORE WE GO BACK TO THE APPLICANT? UH, NO, I DON'T, I DON'T KNOW THAT THERE IS ANY QUESTIONS OTHER THAN THERE THE BILLING TOO CLOSE TO MY HOUSE. YES, MA'AM. THANK YOU VERY MUCH. UH, AND THE APPLICANT, IF YOU COULD, UH, COME BACK UP PICTURES. OKAY. OKAY. UM, IS THERE, IS THERE ANY QUESTIONS FOR THE APPLICANT? MANNA COMMISSIONER MANNA? SO, SO ON THE HISTORICAL PICTURE, LOOKING ON GOOGLE DRIVE, THERE'S A DRIVEWAY THERE AND SO, SO, UM, WILL YOU BE TAKEN OUT PART OF THAT DRIVEWAY TO, OR WAS PART OF THAT DRIVEWAY TAKEN OUT TO PUT THE UH, I GUESS THE START OF YOUR FOUNDATION THERE? NO, WE, WE, WE DIDN'T MESS WITH THE DRIVEWAY AT ALL. WE, UH, HELLO. WE DIDN'T MESS WITH THE DRIVEWAY AT ALL. WE, WE JUST WE'RE PLANNING, UH, SO WHAT IT WAS, WE DIDN'T MOVE THE HOUSE FORWARD BECAUSE WE HAVE A GARAGE AND WITH THE GARAGE WE HAVE TO HAVE A MINIMUM OF 20 FEET. SO WE, WE, THAT WAS AN OPTION, BUT WE COULDN'T DO IT IF WE WANTED TO KEEP THE GARAGE. AND SINCE THE STREET IS PRETTY BUSY, THERE'S, I MEAN, IT'S REALLY NOT A SAFE OPTION TO PARK ON THE STREET, SO WE WANTED TO TRY TO GET AT LEAST TWO VEHICLES INSIDE THE PROPERTY. SO THAT'S WHY WE BUILT THE GARAGE TO AT LEAST HAVE ANOTHER CAR BE ON THE DRIVEWAY. AND YEAH. BUT WE DIDN'T TOUCH THE, THE DRIVEWAY AT ALL. SO, SO THE HOUSE THEN WILL BE, IF YOU'RE FACING, FACING YOUR PROPERTY, THE, THE, THE HOUSE IS, IS GOING TO BE TILL TILL THE RIGHT OF THE, THE CURRENT DRIVEWAY THAT WAS THERE. IS THAT RIGHT? NO, IT'S JUST THE WAY IT IS. THE, WHERE THAT DRIVEWAY IS. OKAY, PERFECT. IT'S GONNA GO STRAIGHT INTO THE GARAGE. OKAY. THANK YOU. UH, ANY OTHER QUESTIONS FOR THE APPLICANT? COMMISSIONER MANCHACA? NO, THAT WAS IT. THAT WAS, UH, ACCORDING TO MR. MANNA WAS ASKING. THANK YOU. OKAY, THANK YOU. UH, ANYONE ELSE? UH, YES, UH, COMMISSIONER ALBERT? UH, I DIDN'T CATCH YOUR FRONT SETBACK, SIR. COULD YOU REMIND ME WHAT THAT WAS? UH, 20 FEET. THANK YOU. YES. ALL RIGHT. UM, AND I HAVE A, UH, YOUR, YOUR SIP PLAN'S UP THERE, JUST AS A CLARIFICATION, YOU'RE SHOWING 10 FEET, BUT THE OFFICIAL SURVEY WAS NINE FOOT EIGHT, I BELIEVE. IS THAT WHY YOU'RE ASKING FOR NINE FOOT EIGHT? YES. WELL, 'CAUSE ORIGINALLY THEY HAD TOLD US THAT WE NEED TO HAVE 20 FEET FROM, FROM THE REAR, BUT I GUESS SINCE WE'RE HAVING, WE'RE GONNA HAVE A, A PORCH IN THE BACK OF PATIO MM-HMM. , SO WE HAVE TO REQUEST THE, THE NINE FEET. OKAY. ALL RIGHT. WELL, THANK YOU VERY MUCH. IS THERE ANY, UH, THING YOU'D LIKE TO ADD, UM, UM, ADDITIONAL INFORMATION BEFORE WE DELIBERATE? WELL, JUST, UM, IN REGARDS TO THE NEIGHBOR, I MEAN, WE WANT TO EVERYBODY, I MEAN WE, UM, THOSE TREES AND ALL THAT FENCE LINE, WE'RE, WE'RE PLAYING TO REMOVE ALL THAT AND, AND POSSIBLY FIX THE FENCE BECAUSE IF YOU GO BACK TO THE SURVEY, IT SHOWS WHERE THE PROPERTY, OUR PROPERTY LINE, THE FENCE IS KIND OF OVERLAPPING INTO OUR PROPERTY. MM-HMM. . SO THAT DISCUSSION WAS GONNA HAVE TO BE MADE AS FAR AS FIXING THE FENCE, MOVING IT OVER A LITTLE BIT. I THINK IT'S OVER FIVE FEET INTO OUR, OUR LOT. OKAY. SO EITHER WAY, ALL THAT WOULD BE REMOVED TO TRY TO HELP ACCOMMODATE, YOU KNOW, SO THERE WOULD BE NO TREES ALONG THAT LINE. ALL RIGHT. THANK YOU VERY MUCH. IS THERE A COMMISSIONER WHO'D LIKE TO MAKE A MOTION ON THIS? CAN I SPEAK? UH, I'M SORRY MA'AM. WE'RE, WE'VE ALREADY GONE. UM, WE'RE, WE'RE GONNA ABOUT TO MAKE A MOTION AND DELIBERATE ON THIS BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BOA DASH 21 DASH THREE THREE. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT OF ADJUSTMENT GRANT A REQUEST FOR ONE, A 10 FOOT FOUR INCH VARIANCE FROM THE MINIMUM 20 REAR 20 FOOT REAR SETBACK TO ALLOW A STRUCTURE TO BE NINE FOOT EIGHT INCHES AWAY FROM THE REAR PROPERTY LINE. AND TWO, A 204 SQUARE FOOT VARIANCE FROM THE MINIMUM LOT SIZE REQUIREMENT OF 4,000 SQUARE FEET TO ALLOW A LOT TO BE 3,796 SQUARE FEET. APPLICANT BEING CLA SANCHEZ BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS, THE UNIFIED DEVELOPMENT CODE ARE AMENDED AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE REQUEST TO ALLOW RESIDENTIAL STRUCTURE ENCROACHMENT INTO THE REAR SETBACK AND MINIMUM LOT SIZE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE APPLICANT'S HAS [02:50:01] ADEQUATE SPACE FROM THE ADJACENT STRUCTURE. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF, IF ENFORCED WOULD RESULT IN UNNECESSARY HARDSHIP BY IMPOSING A LITERAL ENFORCEMENT, THE RESIDENTIAL STRUCTURE WOULD NOT BE ABLE TO BE CONSTRUCTED DUE TO MINIMUM LOSS SIZE VARIANCE NEEDED, AND THE RESIDENTIAL STRUCTURE WOULD NEED TO BE ADJUSTED TO 20 FEET, WHICH WOULD REDUCE THE AMOUNT OF SPACE FOR VEHICLES IN THE FRONT OF THE PROPOSED STRUCTURE. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE SETBACKS IS TO PROVIDE SPACING BETWEEN NEIGHBORING STRUCTURES, WHICH IS OBSERVED FOR THE VARIANCE, WILL NOT AUTHORIZE 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 USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO REDUCE A PORTION OF THE REAR SETBACK AND BUILD ON A SMALLER LOT THAN 4,000 SQUARE FEET DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM TO LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THIS PROPERTY IS LOCATED WITHIN AN OLDER NEIGHBORHOOD AND THERE ARE OTHER SIMILAR NON-CONFORMING LOTS WITH RESIDENTIAL STRUCTURES BUILT ENCROACHING INTO THE REAR SETBACK. SIX. THE PLIGHT OF THE OWNER FOR OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS THE PLIGHT OF THE PROPERTY OWNER IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO THE SHORTENED DEPTH AND LOT SIZE AVAILABLE TO CONSTRUCT A RESIDENTIAL STRUCTURE. END OF MOTION. SECOND, SECOND. SECOND BY COMMISSIONER TEAL. I'LL GIVE IT TO COMMISSIONER CRUZ. YOU'RE WELCOME. SO COMMISSIONER BRAGMAN, PLEASE LEAD THE DISCUSSION. YES, I'M GONNA BE IN SUPPORT OF THIS MOTION. UM, AS I'VE SAID QUITE A NUMBER OF TIMES, WE'RE HE FACING A HOUSING SHORTAGE AND WE NEED TO BE ABLE TO THINK OUTSIDE THE BOX, UH, IN ORDER TO ALLOW STRUCTURES, UH, HOUSING TO BE BUILT. UM, AND HE DID TAKE INTO ACCOUNT THAT THERE'S PLENTY OF SIDE SPACE SO THAT THERE'S NOT A FIRE HAZARD AND HE HAS SPOKEN WITH THE NEIGHBORS AND TO TRY AND RECONCILE THINGS. SO AGAIN, I'LL BE IN SUPPORT OF THE MOTION. THANK YOU. COMMISSIONER CRUZ. UM, EXCUSE ME. YES. UH, I WILL SUPPORT MS. BRAGMAN ON THIS AND I THINK WITH THE, UM, STATING OF THE OWNER THAT HE WOULD TAKE CARE OF THE TREES AND, AND OF THE FENCE WOULD BE EVEN BETTER IDEA, AND THAT WAY HE CAN, UH, MAKE AMENDS WITH HIS NEIGHBOR AND I THINK THAT WILL BE A GOOD PROPERTY. THANK YOU. THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE. STAFF, PLEASE TAKE A ROLL CALL VOTE. COMMISSIONER MANCHACA. I CONCUR. MS. CRUZ? YES, I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MS. LYNN, I CONCUR. MS. MEESE I CONCUR. MR. ALBERT I CONCUR. MR. VASQUEZ. I CONCUR. MR. TEAL? YES. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 11 TO ZERO. UH, PLEASE GET WITH STAFFED IF YOU HAVE ANY QUESTIONS. AND UM, NEXT CASE PLEASE. OH, SORRY. NEXT CASE, [8. 21-5376 BOA-21-10300105] UH, CASE NUMBER EIGHT IS GONNA BE BO O A 21 DASH 1 0 3 0 0 1 0 5 2 55 SOUTH WW WHITE ROAD CITY COUNCIL DISTRICT NUMBER TWO, APPLICANT IS BEAR ENGINEERS AND ASSOCIATES. REQUEST IS FOR ONE, A VARIANCE FOR A FENCING MATERIAL TO ALLOW CORRUGATED METAL FENCE. AND TWO, A SPECIAL EXCEPTION FOR THE MAXIMUM FENCE HEIGHT TO ALLOW A FENCE IN THE FRONT PROPERTY TO BE SIX FEET, SEVEN INCHES TALL. CURRENT ZONING IS COMMERCIAL. [02:55:01] UH, SUBJECT PROPERTY IS LOCATED ON THE CORNER OF SOUTH WW WHITE ROAD AND MOTEL STREET. THERE IS CURRENTLY AN AUTO AND LIGHT TRUCK REPAIR BUSINESS ON THE SUBJECT PROPERTY AND THERE, AND THERE MAY BE MANY TYPES OF COMMERCIAL USES ALONG SOUTH WW WHITE. THERE IS A CORRUGATED METAL FENCE ALONG THE SIDE PROPERTY LINE AND A PORTION OF THE FENCING THAT IS INSTALLED PAST THE FRONT FACADE OF ONE OF THE WAREHOUSES. THE SECTION OF FENCING THAT IS INSTALLED PAST THE FRONT FACADE OF THE WAREHOUSE IS CONSIDERED THE FRONT PROPERTY LINE OR FRONT FRONT YARD. THERE WILL BE SEEKING A SPECIAL EXCEPTION FOR THE MAXIMUM FENCE HEIGHT REQUIREMENT FOR A SOLID SCREEN FENCE OF THREE FEET. THE ENTIRE FENCE IS CONSTRUCTED OF CORRUGATED METAL, WHICH REQUIRES A VARIANCE FOR THE FENCING MATERIAL. SUBJECT PROPERTY. IT'S THE REAR OF THE PROPERTY LINE SURROUNDING AREA, SURROUNDING AREA. STAFF. STAFF RECOMMENDS APPROVAL IN BO O A 21 DASH 1 0 3 0 0 1 0 5 BASED ON THE FOLLOWING FINDINGS. ONE, THE FENCE PASSED. THE FRONT FACADE OF THE WAREHOUSE MEASURES SIX FEET, SEVEN INCHES IN HEIGHT, AND TWO, THE ADDITIONAL HEIGHT WILL PROVIDE ADDITIONAL SECURITY TO THE COMMERCIALLY ZONED PROPERTY. THREE. THE FENCE IS IN LINE WITH THE PRIMARY AUTO DEALER AUTO SHOP ON THE PROPERTY. AND FOUR, THE FENCE HEIGHT DOES NOT DETRACT FROM THE CHARACTER OF THE NEIGHBORHOOD. STAFF FOR COMMENDS APPROVAL IN BO O A 21 DASH BO, A 21 DASH 1 0 3 0 0 1 0 5. BASED ON THE FOLLOWING FINDINGS, ONE. CORRUGATED METAL SHALL HAVE PROTECTED EDGES TO SERVE THE PUBLIC INTERESTS. TWO. CORRUGATED METAL DISTINGUISH DISTINGUISHES THE COMMERCIAL LOT FROM ANY RESIDENTIAL LOTS IN THE NEIGHBORHOOD. AND THREE, SOLID SCREENING OF THE, OF THE CORRUGATED METAL ALLOWS FOR PRIVACY AND REDUCES THE ABILITY TO VIEW COMMERCIAL OPERATIONS ON THE PROPERTY FROM NEIGHBORING RESIDENTIAL HOMES. 24 NOTICES WERE MAILED OUT. ZERO IN FAVOR, ZERO IN OPPOSITION. NO NEIGHBORHOOD ASSOCIATION. ANY QUESTIONS FOR STAFF? I JUST NEED, UH, ONE CLARIFICATION. UH, THE APPLICANT'S ASKING FOR SIX SEVEN. AND ON THE PICTURE THAT'S PROVIDED, IT SHOWS SIX FOUR INCHES. IS SIX SEVEN JUST THE SAFE NUMBER OR IS THAT JUST ONE MEASUREMENT? I THINK THAT WAS ONE MEASUREMENT. OKAY. THANK YOU VERY MUCH. MM-HMM. , UH, THE APPLICANT, IF YOU PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND, UM, YOU CAN BEGIN YOUR PRESENTATION. UH, MY NAME'S DANIEL LAR. UH, THE ADDRESS IS 70 42 ALAMO DOWNS PARKWAY, SUITE 5 5 0. UM, DID I SAY THE ZIP CODE? 7 8 2 3 8. UM, MY UNDERSTANDING FROM THE OWNER IS THAT THE FENCE HAS BEEN THERE FOR APPROXIMATELY 10 YEARS AND IT DOES PROVIDE, UH, SAFETY, UH, NOT ONLY FROM, FROM, YOU KNOW, ARSON OR SOME KIND OF VANDALISM AND ALL THERE FOR VEHICLES THAT ARE KEPT IN THE YARD, BUT IT ALSO KEEPS THE NEIGHBORHOOD SAFE. YOU KNOW, THE KIDS TRYING TO GET INTO THE PROPERTY OR SOMETHING LIKE THAT. UH, THE, UH, WE DID SPEAK TO THE NEIGHBORS. UH, THEY WERE ALL, THEY ALL SEEMED TO BE FINE WITH IT. UH, AS YOU CAN SEE, MOST OF THE PROPERTY FACES OTHER COMMERCIAL PROPERTIES OTHER THAN THE REAR AND A PORTION OF TOWARDS THE BACK. UM, BUT MOST OF IT IS PRIMARILY COMMERCIAL, SO WE DON'T SEE A, A BIG ISSUE WITH THE, WITH THE FENCE BEING THERE. UH, THERE'S NOT, IT'S NOT A . IF YOU HAVE ANY QUESTIONS, LIKE I'M FREE, GO AHEAD. SURE. UM, FIRST WE NEED TO FIND OUT IS, IS THERE ANYONE SIGNED UP TO SPEAK? NO ONE SIGNED IN TO SPEAK ON THIS CASE. OKAY. IS THERE ANY COMMISSIONERS THAT HAVE A QUESTION FOR THE APPLICANT? MANNA, UH, COMMISSIONER MANNA? UM, YOU SAID THAT YOU SPOKE TO NEARBY NEIGHBORS OR, OR WHO'S IT THAT YOU SPOKE TO? WE SPOKE TO THE REAR, UH, THE NEIGHBOR TO THE REAR, UH, BECAUSE SHE'S DIRECTLY AFFECTED BY IT. UH, SHE'S FINE WITH IT. UH, SHE HAS WOOD FENCE ALONG THE BACK. THERE ARE NO PLANS TO PUT A METAL FENCE ALONG HER, UH, HER FENCE. UM, IT ISN'T ALLEY IN THE BACK ACTUALLY, BUT WE ARE KEEPING THE WOODEN FENCE. OKAY. THANK YOU. UH, ANYONE ELSE? I HAVE A QUICK QUESTION. YOU HAD MENTIONED THE FENCE HAD BEEN THERE FOR 10 YEARS AND I'M LOOKING ON, UH, I'M GOING OVER THE OWNER THE OWNER SAID HE PUT IT 10 YEARS AGO. OKAY. I'M SORRY, I WAS JUST LOOKING ON STREET VIEW. I DIDN'T, I DIDN'T SEE THE FENCE. I WAS JUST CURIOUS. IS, IS, UH, YEAH, IT MIGHT'VE BEEN, HE MIGHT'VE MISUNDERSTOOD. I KNOW HE PURCHASED THE PROPERTY, HE, MAYBE HE WAS TOW DIFFERENTLY. IS THAT YELLOW FENCE A FENCE IN QUESTION STAFF? IT IS. OKAY. IT LOOKS SO MUCH CLOSER TO THE CURVE THAN I THINK THAT'S THE FRONT. OKAY. AND, UH, THE FENCE LOOKS FRAMED? YES, IT IS. OKAY. AND THERE'S NO OTHER QUESTIONS, [03:00:01] MENCHACA, COMMISSIONER MENCHACA? UH, IT'S I SAW ON GOOGLE, WHICH PROBABLY IS OUTDATED. YOU'RE TALKING ABOUT THE BACK FENCE AND THE FRONT PORTION OF THE FRONT, CORRECT? YEAH, THAT'S THE NEIGHBOR TO THE REAR. UH, SHE HAS THE CEDAR FENCE, UH, THAT'S GONNA REMAIN. OH, OKAY. I UNDERSTAND NOW. ALL RIGHT. ALL RIGHT THEN. UH, THANK YOU VERY MUCH. UH, AS A COMMISSIONER, I'D LIKE TO MAKE A MOTION ON THIS CASE. MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 1 1 0 3 0 0 1 0 5. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR ONE, A VARIANCE FROM THE FENCING MATERIAL TO ALLOW A CORRUGATED METAL FENCE SITUATED AT 2 5 5 SOUTH, UH, WW WHITE ROAD APPLICANT BEING, UH, BEARER ENGINEERS AND ASSOCIATES. 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 LITTLE ENFORCEMENT THAT WE HAVE DETERMINED SHOW THAT, OH, LET'S SEE. THE LIBERAL FORCE OF THE PROVISIONS OF 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 A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. THE APPLICANT HAS INSTALLED A CORRUGATED METAL FENCE, WHICH REQUIRES A VARIANCE FROM THE FENCING MATERIALS WITH THE COMMERCIAL USE OF THE PROPERTY AND THE HEAVY AMOUNT OF COMMERCIAL USES IN THE AREA, THE USE OF CORRUGATED METAL DISTINGUISHES THE COMMERCIAL FROM OTHER RESIDENTIAL PROPERTIES AS LONG AS THE EDGES OF THE CORRUGATED METAL ARE TO BE PROTECTED. THE VARIANCE DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, THE, 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 OPPOSING A LITERAL ENFORCEMENT, THE CORRUGATED METAL WOULD NEED TO BE REPLACED WITH A PERMITTED FENCING MATERIAL. 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. THERE ARE NO VIOLATIONS WITH THE FENCE SIDE ALONG THE SIDE, PROPERTY LINE, AND THE CORRUGATED METAL ALONG THE SIDE. PROPERTY LINE HAS PROTECTED EDGES. THE SPIRIT OF THE ORDINANCE APPEARS TO BE OBSERVED. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR A DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE ESSENTIAL CHARACTER OF THE DISTRICT WILL BE MAINTAINED AS THERE ARE MANY COMMERCIAL PROPERTIES IN THE IMMEDIATE AREA, AND THE CORRUGATED METAL FENCING IN THIS CASE ALLOWS THE PUBLIC TO DISTINGUISH THE COMMERCIAL LOT FROM THE NEIGHBORING RESIDENTIAL. SIXTH. THE PLIGHT TO 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 THE PROPERTY IS LOCATED. THE BOARD FINDS THAT THE PLY TO THE PROPERTY OWNER IS SOUGHT DUE TO THE NERC UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND IS NOT MERELY FINANCIAL END OF MOTION. THANK YOU. IS THERE A SECOND? SECOND. SECOND. BY COMMISSIONER CRUZ. COMMISSIONER MANNA, PLEASE LEAD THE DISCUSSION. SO, UM, I WILL BE VOTING IN FAVOR OF THIS, UM, FOR A COUPLE OF REASONS. ONE IS THAT THEY DID TALK TO THE NEIGHBOR BEHIND THEM AND, AND, AND SO IT'S ALWAYS GOOD. UH, UM, YOU'LL HEAR A GOOD FENCE IS A GOOD, UH, IS ALSO GONNA BE A GOOD NEIGHBOR. SO, UM, AND THEN ALSO I THINK AGAIN, BECAUSE THIS IS IN A COMMERCIAL DISTRICT OR COMMERCIAL PORTION OF THIS, UH, W W WHITE, IT, IT DOES MAKE SENSE. IT LOOKS APPROPRIATE. THANK YOU. THANK YOU. COMMISSIONER CRUZ? UH, YES, I CONCUR WITH MR. MANNA. I THINK THIS WOULD BE A GREAT PROPERTY TO GO AHEAD AND LEAVE THE FENCE FOR THE, AT THE HEIGHT IT'S AT. THANK YOU. THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE? STAFF, PLEASE TAKE A ROLL CALL. VOTE. MR. MANCHACA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MS. LYNN, I CON I CONCUR. MS. ME I CONCUR. MR. ALBERT. I CONCUR. MR. VASQUEZ. I CONCUR. MR. TEAL. YES. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. UH, COMMISSIONER, I'D LIKE TO MAKE A MOTION FOR THE SPECIAL EXCEPTION TEAL COMMISSIONER TEAL REGARDING CASE NUMBER BO A DASH 21 DASH 0 3 0 5. I MOVE THAT THE BOARD OF ADJUSTMENT [03:05:01] GRANT A SPECIAL EXCEPTION TO ALLOW, EXCUSE ME, TO ALLOW A SPECIAL EXCEPTION FOR THE MAXIMUM FENCE HEIGHT TO ALLOW A FENCE IN THE FRONT YARD TO BE SIX FOOT SEVEN INCHES TALL, SITUATED AT 2 5 5 SOUTH WW WHITE ROAD. APPLICANT BEING BEAR ENGINEERS AND ASSOCIATES. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN 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 SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION. THE ADDITIONAL FENCE HEIGHT WAS OBSERVED UPON SITE VISION IN A PORTION OF THE FRONT YARD. AND IF GRANTED, STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE ORDINANCE. B. THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. THE FENCE DOES NOT RUN ALONG THE FRONT PROPERTY LINE, BUT IS INSTALLED PAST THE FRONT FACADE OF THE EXISTING WAREHOUSE. THIS PORTION OF FENCING DOES NOT CAUSE ANY CLEAR VISION ISSUES, BUT IS JUST ENCASING COMMERCIAL OPERATION OF THE PROPERTY. THE REQUEST APPEARS TO BE SUB TO SUBSTANTIALLY SERVE THE PUBLIC WELFARE AND CONVENIENCE. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE BOARD DEFINES THAT FENCE WILL CREATE ENHANCED SECURITY FOR THE SUBJECT PROPERTY AND IS UNLIKELY TO INJURE ADJACENT PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL HEIGHT FOR THE FRONT YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND WILL PROVIDE SECURITY OF THE DISTRICT. THE FENCE IS SET BACK FROM THE PROPERTY LINE, WHICH DOES NOT APPEAR AS ALTERING TO THE DISTRICT. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS PERMITS THE CURRENT USE OF AN AUTO AND LIGHT TRUCK REPAIR SHOP. THEY REQUESTED SPECIAL, EXCEPTIONAL AMOUNT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT INTO MOTION. THANK YOU. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER MANNA. UH, COMMISSIONER THIEL? YEP. I'LL BE IN SUPPORT OF THIS. IT'S SEEMS PRETTY CLEAR CUT. AND, UH, LET HIM KEEP THE FENCE AND THAT HEIGHT DOES NOT SEEM UNREASONABLE. THANK YOU. COMMISSIONER MANNA. I CONCUR WITH MY COLLEAGUE. FANTASTIC. UH, ANYONE ELSE? UH, UH, LIKE TO ADD HEARING NONE. STAFF, PLEASE TAKE A ROLL CALL. VOTE. MR. MANCHACA. I CONCUR. MS. CRUZ? YES, I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MS. LIND I CONCUR. MS. MEESE I CONCUR. MR. ALBERT I CONCUR. MS. MR. VASQUEZ. I CONCUR. MR. TEAL? YES, I CONCUR. CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. UH, THANK YOU VERY MUCH. UH, NEXT CASE PLEASE. NEXT [9. 21-5378 BOA-21-10300107] CASE IS, UM, EXCUSE ME. AGENDA ITEM NUMBER NINE, BO 8 21 DASH 1 0 3 0 0 1 0 7 2 0 6 EAST LOW WOOD AVENUE COUNCIL DISTRICT NUMBER ONE APPLICANT IS GONNA BE CHRISTOPHER MORTON. REQUEST A FOUR FOOT 11 INCH VARIANCE FROM THE FIVE FOOT MINIMUM REAR SETBACK TO ALLOW A STRUCTURE TO BE ONE INCH FROM THE REAR PROPERTY LINE. CURRENT ZONING IS, UH, RESIDENTIAL SUBJECT PROPERTY IS LOCATED AT THE CORNER OF EAST LOWELL WOOD AVENUE AND MCCULLOUGH AVENUE. THERE IS CURRENTLY A RESIDENTIAL STRUCTURE CONSTRUCTED ON THE PROPERTY AND A SECOND EXISTING STRUCTURE IN THE REAR YARD. THE APPLICANT IS PROPOSING TO RENOVATE THE STRUCTURE IN THE REAR AND CONVERT IT INTO A SECOND DWELLING UNIT. IT WAS PREVIOUSLY CONSIDERED A NON-CONFORMING STRUCTURE, AND IT DOES NOT ABIDE BY THE MINIMUM REAR SETBACK REQUIREMENT. SINCE THE APPLICANT IS NEEDING TO PULL RESIDENTIAL BUILDING PERMITS IN ORDER TO RENOVATE THE GARAGE PORTION OF THE STRUCTURE INTO LIVABLE SPACE OF VARIANCES NEEDED, AS THE STRUCTURE IS CURRENTLY ONE INCH FROM THE REAR PROPERTY LINE SITE PLAN, SUBJECT PROPERTY, UH, THE EXISTING OR DETACHED ACCESSORY DWELLING TO THE REAR, THERE'S A SEVEN. IT'S ACTUALLY SEVEN FEET BETWEEN THE BACK OF THE STRUCTURE AND THE PROPERTY LINE, THE REAR OF THE SUBJECT PROPERTY SURROUNDING AREA, SURROUNDING AREA. STAFF RECOMMENDS APPROVAL IN B O A 21 DASH 1 0 3 0 0 1 0 7 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE DETACHED ACCESSORY DWELLING IS ONE INCH FROM THE REAR PROPERTY LINE. TWO, THE REAR WALL OF THE STRUCTURE WILL BE FIRE RATED. AND THREE, THERE IS NO PROPOSED CHANGES TO THE FOOTPRINT OF THE STRUCTURE. SO IT'LL NOT BE ALTERED. UH, IT WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. [03:10:02] 21 NOTICES WERE MAILED OUT. THREE WERE IN FAVOR, ZERO IN OPPOSITION. THERE WAS NO RESPONSE FROM, UH, THE MONTE VISTA NEIGHBORHOOD ASSOCIATION. AND, UH, MONTE VISTA HISTORICAL ASSOCIATION ARCHITECTURAL REVIEW COMMITTEE IS IN FULL SUPPORT. QUESTIONS FOR STAFF? NOT AT THIS TIME. UH, THE APPLICANT PLEASE COME FORWARD. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN BEGIN YOUR PRESENTATION. UH, CHRIS CHRISTOPHER MORTON, 2 0 6 EAST LOW WOOD. UH, I HAVE SOME SLIDES SOMEWHERE. I IT'S A POWERPOINT OR P D F LOOKS LIKE, LOOKS LIKE THIS. JUST WANNA THROW A REAL WRENCH IN MY PLAN. I CAN EMAIL IT TO YOU, RIGHT? YEAH, YEAH, YOU CAN, YOU CAN DO THAT. THANK YOU FOR, UH, THANK YOU FOR YOUR TIME. AS I MENTIONED, MY NAME'S CHRIS MORTON. I'M WITH, UH, 2 0 6 EAST LITTLEWOOD. I JUST BOUGHT THIS PROPERTY IN EARLY FEBRUARY. AND NEXT SLIDE. JUST QUICK AGENDA. I'M GONNA TRY AND BREEZE THROUGH THESE, NOT TO TAKE ANY OF YOUR TIME. WE CAN GO TO THE NEXT SLIDE. THEY KIND OF COVERED THE EXECUTIVE SUMMARY, BUT BASICALLY I'M ZONED RMM FOUR. THE, THE BUILDING, IT'S KIND OF A, A LITTLE CONFUSING. THE BUILDING IS ACTUALLY, IT'S A HISTORIC BUILDING. SO BOTH BUILDINGS ON THE LOT ARE DESIGNATED IN THE NATIONAL HISTORIC, UH, DISTRICT AS, UH, BUILT IN 1928. MM-HMM. . AND ACCORDING, THIS IS WHERE IT GETS KIND OF CONFUSING BECAUSE IT WAS ACTUALLY ALREADY PARTIALLY A LIVING STRUCTURE. THERE WAS ALREADY A ONE BEDROOM, ONE BEDROOM, ONE BEDROOM, ONE BATHROOM APARTMENT BACK THERE, DESIGNATED THE MAID'S QUARTER. THAT WAS BUILT IN 1928 OR 1931, I CAN'T REMEMBER WHICH. BUT ALL I'M TRYING TO DO IS THE GARAGE WAS DILAPIDATED AND NEGLECTED FOR, FOR YEARS. I DON'T EVEN KNOW HOW LONG. I JUST WANNA CONVERT THAT TO MORE LIVABLE, UH, LIVING SPACE. I'M GONNA, UM, SO BASICALLY REASONING 67% OF THE BUILDING IS ALREADY, UH, GRANDFATHERED IN UNDER THIS VARIANCE 'CAUSE IT'S A NON-CONFORMING USE. SO I'M JUST USING THE SAME BACK WALL. I'M JUST TRYING TO CONVERT THAT PORTION INTO A LIVABLE, UH, BEDROOM, UH, BUILDINGS. ALONG THIS, UH, EASEMENT, THERE'S AN EIGHT FOOT NATURAL OR UTILITIES EASEMENT BEHIND THIS BUILDING THAT, UH, RUNS DOWN THE ENTIRE EAST WEST PORTION OF, UH, IN BETWEEN LOW WOOD AND ROSEWOOD. UH, THERE'S BUILDINGS ALL ALONG THERE THAT ARE UTILIZING THE SAME VARIANCE. UH, THE RENOVATION WILL PROVIDE MUCH NEEDED REPAIRS AND UPDATES TO BOTH OF THE STRUCTURE, THE FOUNDATION, AND AS WELL AS INCREASE THE LIFESPAN OF THE HISTORICAL BUILDING. UH, I ALREADY HAVE HISTORIC DESIGN AND, UH, REVIEW, COMMISSION APPROVAL. UH, I DIDN'T KNOW I NEEDED YOUR APPROVAL. I WOULD'VE CAME HERE FIRST, BUT I DIDN'T KNOW UNTIL, UH, UNTIL I SUBMITTED FOR A PERMIT. AND THEN I, I'VE CONTACTED ALL OF MY NEIGHBORS AND THEY ALL HAVE, UH, OVERWHELMING SUPPORT FOR THIS PROJECT. NEXT SLIDE, PLEASE. SO, AS I MENTIONED, THIS IS WHAT I, THIS IS WHAT I WOULD LIKE TO DO. BASICALLY, THE GARAGE, YOU CAN SEE, UH, BARELY, I WISH YOU GUYS COULD SEE THIS, BUT YOU CAN SEE THAT THERE'S THE GARAGE ON THE LEFT HAND SIDE OF THE BUILDING IS THE, UH, UH, EXISTING APARTMENT COMP OR ONE BEDROOM, ONE BATHROOM APARTMENT. THE GARAGE IS ATTACHED. ONCE AGAIN, IT'S NOT COVERED. IT'S, IT'S MORE OF A, IT'S, I MEAN, IT'S COVERED, BUT IT'S NOT ENCLOSED. SO I HAD A, A, A FLEA AND RAT INFESTATION PROBLEM AND THE STRUCTURES OR THE FOUNDATION WAS FAILING. BUT ANYWAY, ALL I'D LIKE TO DO IS ENCLOSE THAT AND MAKE THAT A BEDROOM. UM, NEXT, UH, NEXT SLIDE PLEASE. AS I MENTIONED, UH, I'LL JUST BREEZE THROUGH THIS. UH, I, BOTH OF THESE BUILDINGS ARE DESIGNATED IN THE NATIONAL HISTORIC, UH, DISTRICT. I DIDN'T BUILD THESE BUILDINGS. THE PEOPLE BEFORE ME DIDN'T BUILD THESE BUILDINGS. THESE BUILDINGS HAVE BEEN THERE FOR, IN THE EXACT FOOTPRINT THAT THEY'RE IN RIGHT NOW FOR ALMOST A HUNDRED YEARS. SO THE MAID'S QUARTER SUFFERED YEARS OF NEGLECT AND REQUIRE SIGNIFICANT RENOVATION TO, UH, TO GET IT BACK UP TO CODE. NEXT SLIDE, PLEASE. JUST MORE MAP. THAT'S THE LOCATION. I'M ALREADY, UH, ZONED RM FOUR, SO IT'S NOT TECHNICALLY AN ACCESSORY DWELLING. IF I, IF I UNDERSTAND IT CORRECTLY, I'VE HEARD MIXED REVIEWS. BUT IF I UNDERSTAND THE CODE CORRECTLY, BECAUSE I'M ZONED RMM FOUR, IT'S NOT AN ACCESSORY DWELLING, IT'S JUST ANOTHER BUILDING OR ANOTHER UNIT. SO NEXT, NEXT SLIDE PLEASE. HERE'S A SURVEY. UH, NEXT SLIDE. YOU GUYS HAVE ALREADY SEEN [03:15:01] THAT WE FOUND THE ACTUAL THING PUT THERE. OH, OKAY. AH, THAT'S PER PERFECT. THAT'S THE PERFECT SLIDE TOO. THAT'S WHERE WE WERE, THAT THE GOOD GO. OKAY. SO AS I MENTIONED, THE WOOD OR THE, UH, THE BUILDING, UM, FOOTPRINT, I'M NOT CHANGING. AND I WAS ACTUALLY ABLE TO PULL THE PERMIT FOR THE EXISTING LIVABLE AREA ALREADY. SO I'M REALLY ONLY ASKING FOR THE VARIANCE ON HALF OF THE BUILDING, WHICH DIDN'T MAKE SENSE TO ME, BUT I'M NOT, IT'S NOT UP TO ME. SO I'M HERE. UM, SO I BASICALLY, I'M JUST REQUESTING A VARIANCE FOR THAT PORTION OF THE BUILDING, UH, ON THE SETBACK. UH, NEXT SLIDE PLEASE. ONCE AGAIN, THIS IS JUST, UH, NORTH, UH, NORTHWEST EAST AND SOUTH. THIS IS ALL FOUR SIDES OF THE, OF THE BUILDING. YOU CAN SEE WHERE MY, UH, WHERE THE PROPERTY LINE IS. AND THAT EASEMENT IN THE BOTTOM RIGHT CORNER PICTURE, YOU CAN SEE THAT THERE'S THAT EIGHT FOOT EASEMENT THAT GOES ALL THE WAY UP AND DOWN IN BETWEEN ROSEWOOD AND LOWELL WOOD. NEXT SLIDE, PLEASE. ONCE AGAIN, THE COURT, THE MAID'S QUARTER WAS BUILT HISTORICALLY ONE INCH OFF OF THE PROPERTY LINE. UH, I, I DON'T KNOW IF THE CODE WAS THEN, BUT I DON'T KNOW HOW LONG THE CODE IS THERE, BUT IT, THAT BUILDING'S BEEN THERE FOR A LONG TIME. UM, AND IT'S THE SAME WALL FOR BOTH THE CURRENT EXISTING LIVING SPACE AS WELL AS THE GARAGE, UH, SOUTHERN BOUNDARY HAS, UH, YEAH, WE CAN JUST GO TO THIS ONE. BASICALLY WHAT I'M GONNA DO IS ON ALL THREE SIDES WHERE, UH, I'M CLOSE TO ANYTHING, I'M GONNA BRING THE ENTIRE THING UP TO FIRE, UH, TO FIRE CODE, PUT A ONE HOUR FIREWALL. THAT'S HOW I'M GONNA DO IT. THAT'S ACCORDING TO MY GENERAL CONTRACTOR THAT'S HELPING ME. UH, I'M BASICALLY GONNA BRING THE WHOLE THING UP NO MATTER WHAT. I'M GONNA BRING IT UP TO FIRE CODE, WHETHER IT'S A GARAGE OR WHETHER IT'S A LIVEABLE SPACE. IT JUST DOES ME, IT HELPS ME MAKE IT A BETTER, UH, UNIT. NEXT SLIDE. UH, ONCE AGAIN, AS I MENTIONED, THERE'S PROPERTIES ALL ALONG DOWN THIS EASEMENT THAT HAVE SIMILAR, UH, OR HAVE VARIANCES TO THIS CODE. THIS ONE IS JUST ONE THAT'S DIRECTLY BEHIND ME. ONE EXAMPLE, UH, IT'S ANOTHER SIX OR SEVEN UNIT, UH, BUILDING THAT'S RIGHT ON, BUILT RIGHT ON THAT, THAT EASEMENT RIGHT ON THAT PROPERTY LINE. SO, UH, NEXT SLIDE. UH, OFFICE OF HISTORIC PRESERVATION HAS ALREADY REVIEWED AND APPROVED MY PLANS. UH, NEXT SLIDE. I SUBMITTED IT TO THE MONTE VISTA HISTORIC ASSOCIATION ARCHITECTURAL REVIEW COMMITTEE. THEY, THEY SUPPORT ME. UH, THIS IS THE, ACTUALLY THE PERSON DIRECTLY TO MY WEST, UH, HE SUPPORTS, UH, THIS, AND THEN TO MY EAST IS ADELE. UH, SHE'S ACTUALLY THE PERSON I BOUGHT THE HOUSE FROM, BUT SHE OWNS THE ONE NEXT DOOR TO ME TOO AS WELL. AND SHE, UH, SHE SUPPORTS THIS AS WELL. UH, BUT CONCLUSION, I, I WANNA WORK WITH YOU GUYS. I, I'D LIKE TO GET THIS, I WANNA DO THIS THE RIGHT WAY. I WANT APPROVAL AND I WANT THIS TO BE DONE UP TO CODE INCORRECTLY. UM, MONTE VISTA IS A THRIVING MULTI-FAMILY RESIDENTIAL, AND THIS IS ONLY GONNA BRING, UM, A A BETTER QUALITY UNIT TO THE AREA, AND IT'S GONNA EXTEND THE LIFESPAN OF THESE HISTORIC BUILDINGS THAT I, THAT I'M TRYING TO, TO PRESERVE. OKAY. UM, I'M GONNA DO EVERYTHING TO CODE AND I'LL ANSWER ANY QUESTIONS YOU HAVE. THANK YOU. UH, WELL, IF WE'RE GONNA SEE IF THERE'S ANYONE SIGNED UP TO SPEAK, HAS ANYONE SIGNED UP TO SPEAK? NO ONE SIGNED IN TO SPEAK ON THIS CASE. ALL RIGHT. SO IF YOU COULD PLEASE, UH, STAY UP HERE. IS THERE ANY QUESTIONS FOR, UH, MR. MORTON? UH, COMMISSIONER MANCHACA, THIS IS YOUR PRIVATE PROPERTY, NOT, NOT A FUTURE RENTAL PROPERTY. UH, IT'S UNCLEAR RIGHT NOW. UH, IT'S, IT'S GONNA BE A RENTAL 'CAUSE THE MAIN UNIT IS TOO, AS A DUPLEX, I MAY MOVE INTO THE BACKGROUND. I'M IN THE MILITARY, SO IT DEPENDS ON WHETHER OR NOT I LEAVE THE SAN ANTONIO AREA IN THE NEXT YEAR. 'CAUSE IT, UH, I'M AT LEAST SIX MONTHS FROM FINISHING THIS. UH, OKAY. UH, ANY OTHER QUESTIONS? UH, YES, COMMISSIONER, UH, SINCE YOU'RE REMOVING THE GARAGE, UH, HAVE YOU CONSIDERED PARKING ALTERNATIVES OR WHERE DO YOU, WHERE WILL PEOPLE PARK? WELL, I, I'M NOT REMOVING THE GARAGE. WELL, THE GARAGE DOESN'T REALLY SERVE A PURPOSE RIGHT NOW, BECAUSE LIKE I SAID, THE, SO IF WE CAN YOU PULL UP THE FRONT VIEW OF THE HOUSE, IT DOESN'T SERVE A PURPOSE. THE DRIVEWAY IS SO NARROW AND BECAUSE THE, UH, THE MAIN UNIT IS IN THE FRONT, UH, THERE WOULDN'T BE A WAY FOR WHOEVER WOULD PARK IN THE BACK. IT'S TOO NARROW TO GET CARS IN AND OUT. SO WHAT THEY DO IS THEY JUST TAKE TURNS, PARKING IN THE DRIVEWAY, NOBODY PARKS THERE ANYWAY. THERE'S ACTUALLY A FENCE THAT GOES ACROSS THE, UH, THE DRIVEWAY THAT KIND OF CL ENCLOSES THAT WHOLE BACK PROPERTY. SO NOBODY PARKS IN THE GARAGE. IT'S BEEN A STORAGE UNIT AND A, A FLEA MOSQUITO, UH, DEN . THANK YOU. UM, IS THERE ANY OTHER QUESTIONS? UH, I HAVE A QUESTION, UH, FOR STAFF THAT THE APPLICANT HAD BROUGHT UP THAT HE WAS ONLY ASKING FOR VARIANCE FOR HALF OF THE STRUCTURE. IS THERE ANYTHING TO THAT? WELL, SINCE THE PROPERTY WAS ALREADY NON-CONFORMING, UH, HE WAS ONLY, UH, REMODELING THE, THE ONE PART. SO WE ONLY ADVERTISED FOR, UH, THE ONE SIDE. THE OTHER, THE OTHER SIDE WAS OUR, IT DIDN'T MEET THE THRESHOLD FOR US TO, UM, AD ADVERTISE IT AS A VARIANCE AS WELL. OKAY. MANY OF THESE STRUCTURES IN THE, IN, IN HISTORICAL NEIGHBORHOODS WERE BUILT, UM, CLOSER TO THE PROPERTY LINES BECAUSE EITHER SETBACKS ALLOWED FOR THAT AT THAT TIME, OR THERE WERE NO SETBACK REQUIREMENTS BACK THEN. OKAY. THANK YOU. UM, [03:20:01] MANNA COMMISSIONER MANNA. SO, SO THE QUESTION FOR THE CITY, SO, SO WOULD THIS MEAN THAT, UH, BOTH SIDES NOW BECOME NON-CONFORMING FOR FUTURE DIALOGUE? YES. THE, UH, THE BOTH SIDES ARE WILL, WILL CONTINUE TO REMAIN AS NON-CONFORMING. 'CAUSE RIGHT NOW ALL WE'RE ENTERTAINING IS THE REAR SETBACK. OKAY. THANK YOU. ALL RIGHT. UH, IF THERE'S NO OTHER QUESTIONS, UH, YOU CAN CERTAINLY HAVE A CLOSING STATEMENT IF YOU WANT BEFORE WE DELIBERATE. I'M JUST TRYING TO BRING IT UP TO CODE AND, UH, AND MAKE IT A GOOD, UH, LONG LASTING, UH, BUILDING. YES, SIR. IS THERE A COMMISSIONER? I'D LIKE TO MAKE A MOTION ON THIS MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO 8 2 1 1 0 3 0 0 1 0 7. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR FOUR FOOT 11 INCH VARIANCE FROM THE FIVE FOOT MINIMUM REAR SETBACK TO ALLOW A DETACHED DETACHED ACCESSORY STRUCTURE TO BE ONE INCH FROM THE REAR PROPERTY LINE SITUATED AT 2 0 6 EAST ELLWOOD AVENUE, APPLICANT BEING CHRISTOPHER MORTON. 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 PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING THE VARIANCE IN ORDER TO PULL BUILDING PERMITS FOR AN EXISTING STRUCTURE. THE FOOTPRINT OF THE STRUCTURE WILL NOT BE ALTERED IN THE VARIANCE, DOES NOT APPEAR CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN UNNECESSARY HARDSHIP BY IMPOSING A LITERAL ENFORCEMENT, THE STRUCTURE WOULD NEED TO BE MOVED FIVE FEET FROM THE REAR PROPERTY LINE, WHICH WOULD RESULT IN UNNECESSARY HARDSHIP. AS THERE IS LIMITED SPACE IN THE REAR YARD, THERE WAS PREVIOUSLY AN ALLEYWAY WHICH CONTRIBUTED TO THE REAR SETBACK WHEN THE STRUCTURE WAS ORIGINALLY BUILT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE SETBACKS IS TO PROVIDE SPACING BETWEEN NEIGHBORING STRUCTURES, WHICH IS OBSERVED. FOUR. 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 USE IS SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. 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 TO REDUCE THE REAR SETBACK FOR THE ACCESSORY DWELLING DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLY TO THE OWNER OF THE PROPERTY FOR WHICH THIS 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 A DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS THAT THE APPLIED OF THE PROPERTY OWNER IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND IS NOT MERELY FINANCIAL END OF MOTION. SECOND. ALL RIGHT. WE HAVE A MOTION, A SECOND. COMMISSIONER MANNA, PLEASE LEAD, LEAD TO DISCUSSION. UH, YES. I'LL, I'LL BE VOTING IN FAVOR OF THIS. UM, SO A LOT OF MY COLLEGE DAYS WERE SPENT IN THESE BACK DWELLING UNITS IN THIS WHOLE NEIGHBORHOOD. SO IT'S JUST FILLED WITH THEM. AND ALL MY COLLEGE FRIENDS STAYED THERE. SO, SO, SO THEY DIDN'T HAVE ANY FLEAS, HOPEFULLY BACK THEN. THEY PROBABLY DID. UM, SO I'LL BE VOTING IN FAVOR. COMMISSIONER THI I'LL BE IN AGREEMENT WITH MY COLLEAGUE. UH, I DRIVE BY THIS PROPERTY ACTUALLY ALMOST EVERY SINGLE DAY. UH, THERE'S DEFINITELY A SHORTAGE OF AVAILABLE AFFORDABLE APARTMENT UNITS IN THE AREA. UM, SO I, I THINK THIS SERVES A GREAT PURPOSE AND KEEPS THE EXISTING FOOTPRINT. ALL RIGHT. THANK YOU. ANYONE ELSE LIKE TO ADD, UH, HEARING NONE. STAFF, PLEASE TAKE A ROLL CALL. VOTE MR. MANCHACA. I CONCUR. MS. CRUZ? YES, I CONCUR. MR. MANO. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MS. LIND I CONCUR. MS. MEESE I CONCUR. MR. ALBERT. I CONCUR. MR. VASQUEZ. I CONCUR. MR. THIEL? YES. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 11 TO ZERO. UH, CONGRATULATIONS. THANK YOU SO MUCH. THANK YOU. ALL RIGHT. NEXT CASE PLEASE. OKAY, SO, [10. 21-5374 BOA-21-10300108] UH, AGENDA ITEM NUMBER 10. IT'S GOING TO BE, UH, BO O A 21 DASH 1 0 3 0 0 1 0 8. ADDRESS IS 4 4 7 VINE STREET CITY COUNCIL DISTRICT NUMBER TWO. APPLICANT IS GONNA BE THOMAS CARRASCO. [03:25:01] REQUEST FOR A 1,843 SQUARE FOOT VARIANCE FROM THE MINIMUM LOT SIZE REQUIREMENT OF 4,000 SQUARE FEET TO ALLOW, UM, CONSTRUCTION OF A RESIDENTIAL HOUSE ON A LOT SIZE OF 21 2,157 SQUARE FEET. CURRENT ZONING IS RESIDENTIAL SUBJECT PROPERTY IS, UH, LOCATED ALONG VINE STREET NEAR VARGAS. UH, IT'S CURRENTLY IS RIGHT NOW A VACANT LOT CUSTOMERS REQUESTING TO BUILD A RESIDENTIAL STRUCTURE ON A MINIMUM LOT SIZE OF 2,157 SQUARE FEET. CURRENT ZONING REQUIREMENT IS 4,000 SQUARE FEET MINIMUM SITE PLAN. THE SUBJECT PROPERTY, UH, SURROUNDING AREA STAFFS RECOMMENDS APPROVAL IN BO O A 21 DASH 1 0 3 0 0 1 0 8 BASED ON THE FOLLOWING FINDINGS. OF FACT, ONE LOT SIZE IS CURRENTLY 2,157 SQUARE FEET. AND TWO, THE CURRENT CONFIGURATION OF THE LOT IS DUE TO THE SPLITTING OF, UH, LARGER LOTS. THREE. THE CONSTRUCTION OF THIS RESIDENTIAL HOME WILL HELP ENHANCE THE SURROUNDING AREA AND FOR THE CONSTRUCTION OF THE STRUCTURE WILL NOT HAVE AN ADVERSE EFFECT ON THE NEIGHBORING PROPERTIES. 30 NOTICES WERE MAILED OUT. ZERO. WERE RETURN IN FAVOR, ZERO IN OPPOSITION. AND THERE WAS NO RESPONSE FROM THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION. QUESTIONS FOR STUFF? UH, NOT AT THIS TIME. UH, WOULD THE APPLICANT LIKE TO COME FORWARD? GOOD AFTERNOON. BOARD OF ADJUSTMENTS. I'M TOM CARRASCO. I'M AT, UH, 15 6 60 WEST ATCH. AND, UH, YEAH, I'M HERE TO SEEK APPROVAL FOR A VARIANCE TO BUILD A RESIDENTIAL HOUSE ON A, UH, 2157 SQUARE FOOT LOT. WE'RE CURRENTLY ZONED RMM FOUR, SO, UH, WE DON'T MEET THE, THE 4,000 FOOT, UH, SQUARE FOOT LOT SIZE. UH, HOWEVER, I THINK WE'RE GONNA BE BUILDING A REALLY NICE STRUCTURE THERE TO COMPLIMENT THE NEIGHBORHOOD AND, UH, THE COMMUNITY. THAT'S ALL I HAVE. ANY QUESTIONS? ARE THERE ANY QUESTIONS FOR MR. MR. CARRASCO? MANNA COMMISSIONER? MANNA S SO I, I'M TRYING TO FIGURE OUT THE, THE BUILDING STRUCTURE HERE. SO ON BEXAR COUNTY, ON THE, UM, UH, BEHEAD, IT SHOWS LIKE, LIKE THREE BUILDINGS THAT ARE SURROUNDED AND LIKE TWO RIGHT NEXT DOOR. SO, SO, SO I GUESS HOW DID, HOW DID THE REST OF THE HOUSES SIT AROUND THIS HOUSE? YEAH, WE WERE, UH, OUR, OUR RESIDENCE OF THE NEIGHBOR TO THE BACK IS OF COURSE AWAY FROM THE PROPERTY LINE. AND, UH, THE ADJACENT NEIGHBOR TO THE LEFT, YOU'RE FACING TO THE LEFT IS ON THEIR SIDE OF THEIR PROPERTY LINE. SO YEAH, IT'S KIND OF ODD. WE GOT THE, ACTUALLY THE SQUARE FOOTAGE FROM BEHEAD TO 2057, UH, SQUARE FOOT. UH, AS YOU CAN TELL THE, UM, WE'RE FOLLOWING THE BUILDING SETBACKS FROM AN RM FOUR, AND WE CAN ALSO SQUEEZE THAT HOUSE DOWN A LITTLE BIT FURTHER IF WE, IF WE NEED TO. SO I DON'T KNOW IF I ANSWERED YOUR QUESTION, BUT, UH, IT'S A LITTLE ODD SHAPE AND I THINK OUR CLIENT IS DOING A POSITIVE BY TRYING TO BUILD SOMETHING THERE. SO, UM, IF YOU CAN SEE THE PHOTOS, IT'S REALLY DILAPIDATED IN THE PAST FEW YEARS. IT'S REALLY OKAY. YEAH. SO I THINK, YEAH, SO IT IS JUST, YEAH, A VERY CLUSTERED CORNER THERE. SO, UM, OKAY. SO THANK YOU. MM-HMM. , ANY OTHER QUESTIONS? I HAVE A QUESTION, UH, ON THE SITE PLAN THAT YOU PROVIDED IN YOUR ATTACHMENTS, UH, YOU'RE SHOWING A A FIVE FOOT, UH, SETBACK LINE, BUT WITH 10 FEET OFF OF VINE? UH, I JUST, IS THAT, UH, YES SIR. THAT'S AN, AN OVERSIGHT ON OUR SIDE. IT'S SUPPOSED TO BE A FIVE FOOT SIDE BACK ON BOTH SIDES. MM-HMM. AND, UH, 10 FOOT IN THE FRONT AND 10 FOOT IN THE BACK. SO THE SIDE PLAN SHOWS FIVE IN THE, IN THE REAR IT SHOULD BE 10. I THINK WE COULD STILL MAKE IT IN WITH A 10 FOOT SETBACK. OKAY. I MEAN, IT'S, IT'S GREAT THAT YOU HAVE A, A PLAN THAT SHOWS THAT SOMETHING IS BUILDABLE THERE. SO THAT'S, YEAH, THAT'S GOOD. ALRIGHT, IS THERE ANY OTHER QUESTIONS? UH, SO YOU CAN TAKE A MOMENT AND, UH, PROVIDE ANY CLOSING REMARKS IF YOU WISH. NO, WE'RE JUST, UH, WE WE'RE, WE'RE THINKING THAT HOUSE, BUILDING A HOUSE IN THAT CORNER, IT'LL PRO, I THINK IT'LL BRING THE COMMUNITY BACK UP AND NEIGHBORHOOD STREET WILL LOOK A LITTLE BIT NICER. ALL RIGHT. THANK YOU VERY MUCH. UH, THERE IS THERE A COMMISSIONER I'D LIKE TO MAKE A MOTION ON THIS CASE. THIEL COMMISSIONER THIEL REGARDING CASE NUMBER BO EIGHT DASH 21 DASH 0 3 0 0 8. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED OR REQUEST FOR 1,843 SQUARE FOOT VARIANCE FROM THE MINIMUM REQUIRED 4,000 SQUARE FOOT TO ALLOW A LOT SIZE OF 2,157 SQUARE FEET SITUATED AT 4 4 7 VINE STREET, APPLICANT BEING THOMAS CARRASCO BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THAT 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 WHEN THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. [03:30:01] THE REQUEST TO ALLOW A RESIDENTIAL STRUCTURE TO BE CONSTRUCTED ON 2,150 SQUARE FEET, 57 SQUARE FEET, LOT IS NOT CONTRARY TO THE 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 IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP BY IMPOSING A LITERAL ENFORCEMENT, THAT STRUCTURE WOULD NOT BE ABLE TO BE CONSTRUCTED AS MORE PROPERTY IS REQUIRED TO MEET THE 4,000 SQUARE FOOT REQUIREMENT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE MINIMUM LOT SIZE IS TO PROVIDE UNIFORMITY AMONGST LOTS, BUT THE ODD SHAPE OF THIS LOT. BUT THE ODD SHAPE TO THIS LOT OBSERVES THE SPIRIT OF THE ORDINANCE. FOUR. THE VARIANCE WERE NOT AUTHORIZED IN OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO REDUCE THE PORTION OF THE MINIMAL LOT SIZE DOES NOT POSE A RISK TO OF SUBSTANTIALLY INJURING USE OF THE ADJACENT PROPERTIES AND 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 IRREGULAR AND THERE ARE OTHER NON IRREGULAR LOTS IN THE AREA. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICTS IN WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS THAT THE PLIGHT OF THE PROPERTY OWNER IS NOT MERELY FINANCIAL AND IS SOUGHT DUE TO A UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO THE SMALLER AND IRREGULAR LOT SIZE IS COMMON IN THIS AREA. END OF MOTION. THANK YOU. IS THERE A SECOND? UH, COMMISSIONER BRAGMAN HAS A SECONDMENT. SECOND, UH, COMMISSIONER THIEL. PLEASE LEAD THE DISCUSSION. YEP. WE SEE THESE QUITE A BIT. UH, I'M JUST HAPPY TO SEE SOME INFILL DEVELOPMENT. I WILL BE IN SUPPORT. THANK YOU. COMMISSIONER BRAGMAN. I COMPLETELY, UH, CONCUR WITH MY COLLEAGUE. I'LL BE IN SUPPORT. THANK YOU. IS THERE ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? UH, HEARING NONE. STAFF, PLEASE TAKE A ROLL CALL. VOTE. MR. MANCHACA. I CONCUR. MS. CRUZ. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRANAN. I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MS. LYNN. I CONCUR. MS. MEESE I CONCUR. MR. ALBERT I CONCUR. MR. VASQUEZ. I CONCUR. MR. THIEL? YES. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF F*G MOTION PASSAGE UNANIMOUSLY. CONGRATULATIONS. UM, NEXT CASE PLEASE. [11. 21-5375 BOA-21-10300109] NEXT, UH, AGENDA ITEM NUMBER 11, BO O A 21 DASH 1 0 3 0 1 0 9. ADDRESS IS 11 3 0 1 EL SANDRO CITY COUNCIL DISTRICT NUMBER 10. APPLICANT IS ELVIRA BUSTOS. REQUEST IS FOR ONE, A TWO FOOT TWO INCH VARIANCE FROM THE 10 FOOT MINIMUM FRONT SETBACK TO ALLOW A CARPORT TO BE SEVEN FEET 10 INCHES FROM THE FRONT PROPERTY LINE. AND TWO, A FOUR FOOT ONE INCH VARIANCE FROM THE FIVE FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW A CARPORT TO BE 11 INCHES FROM THE SIDE PROPERTY LINE. CURRENT ZONING IS RESIDENTIAL SUBJECT PROPERTY IS LOCATED ALONG EL SANDERO DRIVE NEAR PESCARA ROAD AND CURRENTLY HAS A SINGLE FAMILY HOME CONSTRUCTED ON THE PROPERTY. EXISTING CARPORT MEASURES 29 FEET, EIGHT INCHES IN WIDTH. CARPORT IS SEVEN FEET, 10 INCHES FROM THE FRONT SETBACK. ADDITIONALLY, CARPORT IS ALSO 11 INCHES FROM THE SIDE SETBACK. UH, SITE PLAN SUBJECT PROPERTY 11 3 0 1 EL SANDRO FRONT OF PROPERTY. THAT'S THE FRONT SETBACK, UH, SETBACKS SEVEN FOOT 10 INCHES. SIDE SETBACK AT 11 INCHES SIDE OF THE STRUCTURE. UM, YOU CAN SEE THE STRUCTURE IS ACTUALLY DETACHED FROM THE HOUSE WHEN WE WENT BY. IT LITERALLY LOOKS LIKE THIS. IT'S STILL THE SKELETON. IT'S NOT COMPLETED YET. DETACHED STRUCTURE, UH, SIMILAR STRUCTURE, SIMILAR STRUCTURE IN THE AREA SURROUNDING AREA. STAFFER [03:35:01] RECOMMENDS APPROVAL AND BO O A 21 DASH 1 0 3 0 0 1 0 9 FOR THE FRONT. FOR THE FRONT SETBACK VARIANCE STAFF RECOMMENDS DENIAL WITH AN ALTERNATIVE RECOMMENDATION OF A TWO FOOT VARIANCE TO ALLOW THE CARPORT TO BE THREE FEET FROM THE SIDE PROPERTY LINE IN BO O A 21 DASH 1 0 3 0 0 1 0 9 BASED ON THE FOLLOWING FACTS, ONE, THE CARPORT FRAME IS EXISTING AND THE STRUCTURE HAS NOT YET BEEN COMPLETED. TWO. THE VARIANCE TO THE FRONT SETBACK MAINTAINS THE SPIRIT OF THE ORDINANCE. THREE. ADJUSTING THE CARPORT THREE FEET FROM THE SIDE PROPERTY LINE WILL ASSIST IN MITIGATING SAFETY ISSUES AND FIRE HAZARDS. AND FOUR, THERE ARE SIMILAR STRUCTURES IN THE SURROUNDING AREA. 27 NOTICES WERE MAILED OUT TWO. OR RETURN IN FAVOR? ZERO. OPPOSITION. AND THERE WAS NO RESPONSE FROM THE HILLS OF PARK NORTH NEIGHBORHOOD ASSOCIATION. QUESTIONS FOR STUFF? UH, NOT AT THIS TIME. THANK YOU. UH, IS THE APPLICANT PRESENT? PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN BEGIN YOUR PRESENTATION. UH, GRACIE GARZA. UM, ADDRESS, 1 1 3 0 1 EL SANDRO STREET. I'M NEW AT THIS, SO PLEASE BE PATIENT WITH ME. UM, UH, AT THE BEGINNING I DIDN'T KNOW I HAD TO GET A PERMIT, SO WE STARTED BUILDING THE CARPORT. UM, AS SOON AS I GOT A LETTER, UM, WE STOPPED. WE CAME IN. UM, I'M ASKING IF Y'ALL COULD APPROVE IT ONLY BECAUSE WE HAVE THE RV. I HAVE FIVE OTHER VEHICLES. UM, THE RV ALONE IS 38 FEET, UM, 10 FEET WIDE. IF I DO MOVE IT OVER, UM, HOW YOU ARE REQUESTING MY RV AND MY OTHER VEHICLES WILL NOT FIT ON THE PROPERTY. UM, AS YOU CAN SEE ON THE PICTURES, UM, I DO NOT HAVE ANY GRASS. I DO HAVE ROCKS. UM, IF I MOVE MY VEHICLES TO THE ROCKS, UM, THEY DID TELL ME I COULDN'T DO THAT 'CAUSE I COULDN'T HAVE VEHICLES ALL OVER MY YARD. UM, I CAN'T PUT IT OUTSIDE MY VEHICLES BECAUSE IT'S A MAIN STREET AND THERE'S ALWAYS A LOT OF TRAFFIC. UM, BUT IF Y'ALL HAVE ANYTHING THAT I CAN DO, I WOULD REALLY APPRECIATE IT. OKAY, THANK YOU. . DO WE HAVE ANYONE SIGN UP TO SPEAK? NO ONE SIGNED IN TO SPEAK ON THIS CASE. IS THERE ANY QUESTIONS FOR THE APPLICANT? UH, I HAVE A QUESTION. UH, YOUR, YOUR NEXT DOOR NEIGHBOR HAS A CARPORT THAT IS PREDOMINANTLY SLOPED TO THE FRONT, BUT IT ALSO LOOKS EXTREMELY CLOSE TO THE SIDE PROPERTY LINE. UH, IS THAT, UM, HOW WAS YOUR CAR, UH, HOW WAS YOUR CARPORT GOING TO DRAIN WATER FROM THE ROOF? SO I, UM, I WAS, UM, PLANNING TO PUT, UM, GUTTERS, UM, AS LONG AS Y'ALL LET ME CONTINUE . OKAY. ALL RIGHT. AND, UH, I DID TALK TO HIM AND HE SAID HE DIDN'T HAVE A PROBLEM WITH IT. 'CAUSE LIKE YOU MENTIONED, HE IS REALLY CLOSE TO MINE ALSO. BUT, BUT IS YOUR, IS YOUR CARPORT ROOF GONNA PREDOMINANTLY SLOPE TO THE FRONT OR TO ONE SIDE OR BE PITCHED? UM, OH, THAT'S MY DAD, I BELIEVE TO THE FRONT. OKAY. ALL RIGHT. THANK YOU. IS THERE ANY OTHER QUESTIONS? AND, UH, ALRIGHT. HEARING NONE. AND, AND JUST SO YOU KNOW, THE STAFF IS, IS OFFERING AN ALTERNATE, ALTERNATE RECOMMENDATION FOR A TWO FOOT SIDE SETBACK. IS THAT SOMETHING THAT IS, UM, STILL FUNCTIONAL FOR YOU, IS WITH YOUR ABILITY TO PARK CARS ON YOUR PROPERTY? UH, THAT'S ON THE SIDE OF MY NEIGHBOR. RIGHT. THAT WE HAVE TO MOVE? YES. OKAY. SORRY. 'CAUSE I'M NOT REALLY GOOD AT THIS. UM, IF I DO DO, IF WE DO DO THAT, MY FATHER DID. 'CAUSE HE'S THE ONE THAT WAS DOING THE CARPORT FOR ME. UM, HE MENTIONED THAT MY OTHER VEHICLES WOULDN'T BE ABLE TO FIT. UM, IF I'M ABLE TO PARK ON MY ROCKS, I DON'T HAVE A PROBLEM. . OKAY. THANK YOU. ALL RIGHT. UH, WITH THAT, UH, IF THERE'S ANY, COMMISSIONER WOULD LIKE TO MAKE A MOTION ON THIS MANNA, UH, COMMISSIONER MANNA. SO I'LL BE READING THE, UH, THE CITY'S RECOMMENDATION HERE, UH, REGARDING CASE NUMBER BOA 2 1 1 0 3 0 0 1 0 9. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A ONE, A TWO FOOT TWO INCH VARIANCE FROM THE 10 FOOT MINIMUM FRONT SETBACK TO ALLOW A CARPORT TO BE SEVEN FOOT 10 INCHES FROM THE FRONT PROPERTY LINE. AND TWO, A TWO FOOT VARIANCE FROM THE FIVE FOOT MINIMUM SETBACK TO ALLOW A CARPORT TO BE. OH, OKAY. IS THAT EQUAL THREE FEET? YEAH. YEAH. THREE FEET. SO IT'S GOT 11 OH OH, OKAY. THREE FEET. OKAY. THREE FEET FROM THE SIDE PROPERTY LINE SITUATED AT 1 1 3 0 1 EAST SENDO. UH, APPLICANT BEING ELVA BUSTOS BECAUSE THE [03:40:01] 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 PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE REQUEST TO ALLOW A CARPORT, ENCROACHMENT INTO THE FRONT AND 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 CONDITIONS THAT ENFORCE WOULD RESULT IN AN UNNECESSARY HARDSHIP BY IMPOSING A LITTLE ENFORCEMENT, THE CARPORT WOULD NEED TO BE MOVED BACK TO 10 FOOT IN FRONT AND, UH, AND FIVE FOOT ON THE SIDE, WHICH WOULD REDUCE THE AMOUNT OF SPACE. 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 OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO REDUCE A PORTION OF THE FRONT AND SIDE SETBACK DOES NOT POSE A SUBSTAN. A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT LIKELY, DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THERE APPEAR TO BE OTHER CARPORTS BUILT IN, ENCROACHING INTO THE FRONT AND SIDE SETBACKS. SIX. THE PLY TO 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 THE PROPERTY IS LOCATED. THE BOARD FINDS THAT THE PLY TO THE PROPERTY OWNER IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES AND ARE NOT MERELY FINANCIAL. END OF MOTION. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER CRUZ. UH, COMMISSIONER MANNA PLEASE LE LEAD THE DISCUSSION. SO, UM, SO, SO, SO I USE THE AMENDED MOTION 'CAUSE I, I THINK THAT THERE, THIS DOES STILL PROVIDE FOR ADEQUATE PARKING. AND THEN ALSO I THINK, UH, THE, THE APPLICANT HAS, UH, LEVERAGED SOME OF THE USE OF THE FRONT YARD BY BRINGING IN SOME GRAVEL. SO, SO THERE ARE SOME OPPORTUNITIES THERE THAT THEY CAN STILL LEVERAGE. SO I'LL BE SUPPORTING THIS MOTION AS READ. ALL RIGHT. THANK YOU. COMMISSIONER CRUZ? UH, YES, I CONCUR WITH MR. MANNA. UM, I WILL SUPPORT THIS ISSUE ALSO, AND I THINK WITH, UH, WHAT SHE HAS AGREED UPON ON THE, UH, RECOMMENDATION SHOULD BE GOOD. THANK YOU. THANK YOU. UH, ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE? STAFF PLEASE TAKE A ROLL CALL. VOTE MR. MANCHACA. I CONCUR. MS. CRUZ? YES, I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MS. LIND I CONCUR. MS. MEESE I CONCUR. MR. ALBERT I CONCUR. MR. VASQUEZ. I CONCUR. MR. THIEL? YES. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRAT, UH, CONGRATULATIONS. UM, PLEASE GET WITH STAFF TO DISCUSS, YOU KNOW, HOW THAT ALTERNATE AFFECTS YOU. UM, I'D LIKE TO JUST KEEP GOING UNLESS SOMEONE NEEDS A BREAK. LAST CASE, LAST CASE PLEASE. . OKAY. UH, AGENDA [12. 21-5379 BOA-21-10300112] ITEM NUMBER 12. IT'S GONNA BE V O A CASE NUMBER 21 DASH 1 0 3 0 0 1 1 2, 1 23 AND 1 31 BORDETT PLACE, CITY COUNCIL DISTRICT NUMBER TWO APPLICANT IS GONNA BE ERIC D DTA. REQUEST FOR A ONE TWO INCH, TWO FOOT, SORRY VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW RESIDENTIAL STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINES. CURRENT ZONING IS, UH, INFILL DEVELOPMENT ZONE. SUBJECT PROPERTY IS LOCATED AT THE DEAD END OF BETTE PLACE. THE APPLICANT RECENTLY CHANGED THE ZONING OF THE PROPERTY TO, UH, INFILL DEVELOPMENT ZONE, MEDIUM INTENSITY INFILL DEVELOPMENT ZONE WITH USES PERMITTED FOR SIX UNITS. THE ZONING DISTRICT REQUIRES A FIVE FOOT SITE SETBACK, A FIVE FOOT SETBACK FOR THE PERIMETER OF THE PROJECT, AND THE APPLICANT IS REQUESTING TO REDUCE THE FIVE FEET SETBACK ON THE NORTH NORTHERN MOST AND SOUTHERNMOST PROPERTY LINES TO THREE FEET IN ORDER TO BETTER ACCOMMODATE THE PROPOSED DESIGN OF THE DEVELOPMENT. THE SITE PLAN APPROVED BY THE CITY COUNCIL DISPLAYED A THREE [03:45:01] FOOT SITE SETBACK FROM THESE TWO PROPERTY LINES. HOWEVER, IT WAS UN HOWEVER, IT WAS UNDERSTOOD BY THE APPLICANT THAT THE VARIANCE WOULD STILL NEED TO BE OBTAINED AFTER GETTING APPROVAL FROM THE ZONING CHANGE SITE PLAN. SUBJECT, PROPERTY SURROUNDING AREA STAFF RECOMMENDS APPROVAL IN BO O A 21 DASH 1 0 3 0 0 1 2 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE PROPOSED STRUCTURES WILL BE THREE FEET FROM THE SIDE PROPERTY LINES AND TWO, THE STRUCTURES WILL BE LOCATED THREE FEET FROM THE SIDE PROPERTY. PROPERTY LINES SHALL BE FIRE RATED TO REDUCE THE RISK OF FIRE HAZARDS. AND THREE, THE PROPOSED DEVELOPMENT WILL ACCOMMODATE SIX NEW RESIDENTIAL DWELLINGS. 26 NOTICES WERE MAILED OUT ZERO. CAME BACK IN HER FAVOR, ZERO IN OPPOSITION, AND THERE'S BEEN NO RESPONSE FROM DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION. GREAT. UH, WILL THE APPLICANT PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD? GOOD AFTERNOON. UH, MY NAME IS ERIC DSID. I'M THE CURRENT PROPERTY OWNER AND, UH, MY ADDRESS IS 1 0 2 OAK PARK DRIVE, SAN ANTONIO, TEXAS 7 8 2 0 9. AND UM, SO EVERYTHING THERE WAS STATED CORRECTLY, WE, UM, WE ARE, WHAT WE'VE DONE IS I'VE BOUGHT THE TWO TRACKS OF LAND OVER SINCE 2019. AND DURING THAT TIME, WE'VE BEEN IN TOUCH, UH, WE'VE BEEN SPEAKING WITH THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION. UM, THEY'VE BEEN, UH, IN FACT THEY WERE, UH, INSTRUMENTAL IN GETTING US OUR I D Z TWO ZONING AND I'VE GOTTA HEAR A LETTER FROM, UH, OR AN EMAIL FROM AUBREY, UM, LEWIS TO MICHAEL PEPE REVOLVING THAT CASE. SO THEY DO KNOW ABOUT IT. UH, WE'VE HAD OVER THE, UH, IN THIS, THIS YEAR, WE HAD, WHEN WE WENT TO THE, UM, FOR THE ZONING, UM, TO CHANGE THE ZONING, WE SENT OUT OUR OWN LETTER, 200 FEET FROM THE PROPERTY LINE TO EVERYBODY. WE HAD AN ONSITE VISIT IN WHICH ONLY ONE PERSON SHOWED UP, UH, THE NEIGHBOR ACROSS THE STREET. UM, AND THEN THE CITY SENT THE, UM, THEIR OUT, UH, THEIR NOTICE OUT FOR THE ZONING. AND THEN WE'VE, THEN YOU SENT THE ZONING, UH, THE, THE VARIANCE. SO EVERYBODY IN THE NEIGHBORHOOD HAS BEEN INFORMED. WHEN WE SENT OUR LETTER, WE SENT OUR, OUR, UH, OUR, UH, SITE ELEVATION AND A SITE AND A, AND A BASIC SITE PLAN AT THAT TIME. UH, SO EVERYBODY THERE, UH, WE SPOKE TO THE NEIGHBOR ACROSS THE STREET AND HE WAS IN FAVOR OF IT. HIS SON LIVES NEXT DOOR AND THEY'RE IN FAVOR OF IT. I DON'T KNOW IF THAT DIDN'T LOOK LIKE THEY RESPONDED, BUT, UM, BUT THAT IS, UH, SO WE HAVE BEEN COMPLETELY UPFRONT WITH EVERYBODY THE ENTIRE TIME THROUGH THE, UM, THROUGH THIS PROCESS AND BE HAPPY TO ANSWER ANY QUESTIONS. OKAY. THANK YOU. UH, ANYONE SIGNED UP TO SPEAK? NO ONE SIGNED IN TO SPEAK ON THIS CASE. I MEAN, THERE'S NO ONE HERE, BUT YOU NEVER KNOW . SO, UH, IS THERE ANY QUESTIONS FOR THE APPLICANT? VANA COMMISSIONER? SO COULD IS THERE WAS A LETTER, UH, FROM THE ASSOCI OR FROM THE, THE SOC OR FROM THE, UM, I GUESS FROM NEIGHBORHOOD, IS THAT DISPLAYED THERE? IT'S NOT, YES, IT'S THE LOWER ONE. IT WAS, UH, THE, THE UPPER EMAIL. THE EMAIL, THE UPPER EMAIL IS JUST FROM, UH, MY, UH, PARTNER TO ME. AND THAT WAS ON JUNE 14TH. OKAY. YEAH, IT WAS JUST BLURRED. SO I, YEAH. PERFECT. OKAY. THAT'S ALL I NEEDED. THANK YOU. UH, ANY OTHER QUESTIONS? UH, I HAVE A QUESTION. UH, THE PROPERTY DIRECTLY BEHIND YOU APPEARS TO BE LANDLOCKED. UM, IS, IS THERE'S LAND THAT IS, THAT IS, UM, UH, THAT TRACTED, UH, NOT TO GO TOO FAR IN THE HISTORY, BE OF THE PROPERTY. THAT TRACK USED TO BE ONE BIG PROPERTY AND THEN OVER THE YEARS IT'S BEEN BROKEN UP. THAT TRACK IS OWNED BY, UH, A GENTLEMAN WHO'S A, UM, OH, HE'S A BAIL BONDSMAN. AND SO ONE OF THE ISSUES WHEN WE INITIALLY SENT IN OUR REQUEST FOR THE PLATING WAS WHAT YOU JUST SAID, BUT THEY, WE ARE NOT THE PRIMARY TRACK FOR ACCESS. THERE'S A TRACK TO THE NORTH OF IT THAT FRONTS M L K MM-HMM. . AND THAT'S THE PRIMARY, UH, TRACK THAT WOULD HAVE TO PROVIDE ACCESS. OKAY. AND THEN IT LOOKS LIKE YOU'RE THE, ARE YOU THE OWNER OF THE PROPERTY TO THE SOUTH OF THIS? UH, NO, THAT WAS, UM, OH, I CAN'T FOR LIFE. I CAN'T REMEMBER HIS NAME. NO. HERE THERE IS A OWNER THAT OWNS OUR, UM, THAT OWNS A LOT TO THE SOUTH OF US AND HE'S IN, HE'S INVOLVED BECAUSE WE'VE ACTUALLY REACHED OUT TO HIM TO SEE IF WE COULD RENT HIS SITE TO, UH, FOR AS TO PUT A LITTLE CONSTRUCTION [03:50:01] OFFICE WHEN WE DO THESE UNITS. OKAY. NOW I WAS JUST ON B A I JUST, I GOT THE IMPRESSION THAT IT, I GUESS THAT WAS, UH, YOU, THOSE, THOSE ARE THE TWO LOTS THAT YOU OWN, THAT YOU COMBINED TO DO IDS? YES, I COMBINED TWO LOTS. OKAY. YEAH, THE ONE WAS, UH, 7,000 AND THE OTHER'S 3,500. ALL RIGHT, THANK YOU. UH, IS THERE ANY OTHER QUESTIONS? UH, COMMISSIONER MINKA, I'VE NOTICED THAT, UH, THE UNITS ARE TWO STORY. THEY'RE THREE STORY, THREE STORIES. THEY'RE THREE STORY. AND HOW, IN THE FRONT ONES, HOW FAR ARE THE POWER LINES ON THE FRONT? TOUGH DOORS. UH, WE'RE HAVING THE POWER LINES MOVED, SO OURS IS GONNA BE UNDERGROUND IN FRONT OF THE, UH, IN FRONT OF OUR UNITS. WE'VE ALREADY TALKED WITH C P S. WE HAVE A PRELIMINARY, UM, IDEA OF WHAT WE'RE GONNA DO. AND C P S ACTUALLY FORWARDED TO US AND SAID, I THINK WE CAN DO THIS. SO THERE WON'T BE NO POWER LINES DIRECTLY IN FRONT OF OUR UNITS. THANK YOU. AND THE REAR, IS IT FIVE FOOT SETBACK? FIVE FOOT ONE ACCORDING TO THE PLAN HERE? FIVE. YEAH, FIVE FOOT. IT'S A LITTLE TIGHT, BUT IT'S 70 FOOT DEPTH LOT. I, I, I'M JUST TRYING TO READ IT. RIGHT. THANK YOU, SIR. OKAY. ANY OTHER? YES. UH, COMMISSIONER ALBERT. UM, JUST A QUICK QUESTION. I KNOW I D Z UH, ALLOWS CERTAIN CONVENIENCES, BUT I SEE, UH, ONE PARKING SPOT PER UNIT, IT APPEARS, AND THEN WITH ALL THE CURB CUTS, THERE'LL BE NO STREET PARKING OF COURSE ON THAT, NO. EACH UNIT'S GONNA HAVE TWO TANDEM PARKING IN GARAGES. OKAY. THAT'S LARGE ENOUGH FOR TWO TANDEM. ALRIGHT. YEAH. SO WE'RE GONNA BE, SO THERE'LL BE THREE PARKING SPOTS ON SITE WITH THESE UNITS. THANK YOU. WE TOOK THAT IN CONSIDERATION LONG. OKAY. UH, ANY OTHER QUESTIONS? UH, HEARING NONE, IS THERE A COMMISSIONER WHO WOULD LIKE TO MAKE A MOTION ON THIS CASE? CRUZ COMMISSIONER CRUZ, SORRY. REGARDING CASE NUMBER BO A 21 1 0 3 0 0 1 1 2. I MOVE THAT THE BOARD OF JUDGMENT GRANTS A REQUEST FOR ONE, A TWO FOOT VARIANCE FROM THE FIVE FOOT MINIMUM SITE SETBACK TO ALLOW RESIDENTIAL STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINES SITUATED AT 1 23 AND 1 31 BETTE PLACE APPLICANT BEING ERIC DOTA. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION, SO THE U D C AS AMENDED WILL RESULT IN A NECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A VARIANCE FROM THE SIDE SETBACK. FOR A NEW DEVELOPMENT OF SINGLE FAMILY DWELLINGS. THE REQUEST WOULD REDUCE THE SETBACK FOR TWO SIDE PROPERTY LINES BY TWO FEET, AND ALL OTHER SETBACKS WILL BE MET FOR THE PROPOSED DEVELOPMENT. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE, A LITTLE 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, IT WOULD RESULT IN THE APPLICANT IN ADJUSTING THE DESIGN LAYOUT OF THE DEVELOPMENT, WHICH WOULD REDUCE THE AMOUNT OF SPACE BETWEEN OTHER STRUCTURES OR THE AMOUNT OF LIVABLE SPACE. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE SETBACKS IS TO PROVIDE SPACING BETWEEN NEIGHBORING STRUCTURE, 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 THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH PROPERTY IS LOCATED, EXCUSE ME. THE REQUEST FOR THE REDUCTION IN THE SITE SETBACK FOR ONLY THE ANOTHER. MORE, MOST AND SOUTHERNMOST PROPERTY LINES IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. NORWELL INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS THAT THE PLIGHT OF THE PROPERTY, WHICH OWNER IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LIMITED AMOUNT OF AVAILABLE SPACE TO PROVIDE QUALITY HOUSING. AND IT'S NOT MERELY FINANCIAL END OF MOTION. ALL RIGHT. IS THERE A SECOND? SECOND. UH, SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER CRUZ, PLEASE LEAD TO THE DISCUSSION. UM, YES, THIS LOOKS LIKE A WONDERFUL [03:55:01] OUT OUTLINE OF SUCH GREAT PROPERTY AND SIX UNITS I THINK WOULD BE GREAT IN THAT AREA. IT'S GONNA BE VERY USEFUL. THANK YOU. COMMISSIONER BRAGMAN. I CONCUR WITH MY COLLEAGUE. IT'S A LITTLE, LITTLE OF A CHALLENGING AREA, SO I'M GLAD, GLAD TO SEE INFILL IN THE AREA AND I THINK IT'S GONNA REALLY BOOST THE, UH, THE PROPERTY VALUES IN THE AREA AND HOPEFULLY BRING IT UP. ALL RIGHT. ANYONE ELSE? UH, HEARING NONE, PLEASE TAKE A ROLL CALL VOTE PLEASE. MR. MENCHACA. I CONCUR. MS. CRUZ? YES, I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MS. LIND I CONCUR. MS. MEESE I CONCUR. MR. ALBERT I CONCUR. MR. VASQUEZ? I CONCUR. MR. THIEL? YES. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. THANK YOU VERY MUCH. THANK YOU. AND [13. 21-5383 Consideration and approval of September 13, 2021 Board of Adjustment meeting minutes.] THE LAST ITEM OF THE AGENDA IS OUR MINUTES. UM, IBEL, I HAVE, UH, STAFF AWARE OF A COUPLE AMENDMENTS BEING REQUESTED REGARDING, UH, ITEM NUMBER FOUR. UH, AN ADJUSTMENT FROM, UM, AND I, I LIKE TO ASK THE REST OF THE COMMISSIONERS. I I RECALL US EXTENDING 13 FEET TO 15 FEET FOR THE CARPORT AND 34 FEET WAS TO BE 35 FEET FOR THE CARPORT. DOES ANYONE ELSE RECOLLECT THAT THIS PART OF THE DISCUSSION? WHICH ONE? ON WHICH ITEM? UH, ITEM NUMBER FOUR. UH, THERE WERE TWO DIFFERENT CARPORTS AND I KNOW THAT WE HAD, UH, UH, THERE WAS A BUNCH OF NUMBERS FLOATING AROUND, BUT WE, AT THE END, WE HAD AMENDED THE MOTION AROUND UP TO 15 AND 35 FEET MANANA. THAT'S THE WAY I RECALL READING IT. OKAY, SO, UH, PARDON? OKAY. WE CAN MAKE THAT ADJUSTMENT. WE CAN ALSO CONFIRM, UH, BY LISTENING TO THE AUDIO PLEASE DO WATCHING THE VIDEO AGAIN. OKAY. AND WE'LL LET Y'ALL KNOW SO THAT WAY IF IT IS CONFIRMED, UM, THEN WE CAN JUST MAKE THE ADJUSTMENT. UM, IF IT, IF IT IS THIS IN FACT, THEN WE'LL LEAVE THEM MINUTES ALONE. YEAH, AND IT, IT WAS, IT WAS READ WITHOUT THOSE NUMBERS, BUT IT WAS CHANGED DURING THE DISCUSSION. MM-HMM. THE DISCUSSION. MM-HMM. YEAH. WE'LL CONFIRM. AND THEN I'LL JUST CIRCLE BACK. AND THE NEXT ITEM IS, UH, ITEM NUMBER SIX. I BELIEVE THE SECOND ITEM WAS NOT INCLUDED IN THE MOTION BECAUSE, UH, THE, THE APPLICANT HAD STATED THAT THE CARPORT WAS TEMPORARY AND THEY WERE GONNA GET RID OF IT. DOES ANYBODY ELSE RECOLLECT THAT? YES. AGREED. OKAY. WE CAN REMOVE THAT ONE. I DO RECALL THAT AS WELL. OKAY. SO WITH THOSE TWO, UH, AMENDMENTS TO THE MINUTES, IS THERE ANY OTHER, UM, AMENDMENTS THAT NEED TO BE BROUGHT UP? UH, HEARING NONE. UH, STAFF PLEASE TAKE A ROLL CALL. VOTE ON THE MINUTES AS, AS AMENDED. MR. MENCHACA? I APPROVE. OH, WAIT, WE DIDN'T HAVE A SECOND. I MAKE A MOTION TO FOR THE MINUTES AND AS AMENDED AND COMMISSIONER MANNA SECONDS. SO ROLL CALL, VOTE PLEASE. , I APPROVE. THANK YOU . MR. MIN CHAKA? YES. MS. CRUZ? UH, YES. I APPROVE MS. MANNA. I APPROVE MS. BREGMAN? I APPROVE MR. DELMER. I APPROVE MS. LIND. I APPROVE MS. MEESE. I APPROVE MR. ALBERT ABSTAIN. OKAY. UH, MR. TEAL? YES, I APPROVE. SORRY, MR. VASQUEZ. I APPROVE AND CHAIR ORIAN. I ALSO APPROVE, UH, MINUTES PASS. UM, AND WITH THAT, I BELIEVE WE'RE ONTO THE DIRECTOR'S REPORT. IS THERE ANYTHING THAT NEED TO BE, BE BROUGHT UP? NOTHING NEW. JUST, YOU KNOW, THANK YOU ALTERNATES. Y'ALL DID A GREAT JOB, UH, FOR THOSE, UH, SERVING FOR THEIR FIRST TIME, ESPECIALLY OUR NEW REGULAR MEMBERS. THANK YOU. AGAIN, I'LL FOLLOW UP WITH THOSE PRESENTATIONS TO YOU SO YOU HAVE THAT FOR YOUR, FOR YOUR RECORDS AS WELL AS OUR CONTACT INFORMATION TOO. AND THEN I, I LIKE TO, WITH, WITH THE SPECIAL MEETING, EXTRA MEETING WE HAD THIS MONTH, ARE WE CAUGHT UP? HEAR? WE STILL ARE AT MAX CAPACITY FOR THE NEXT COUPLE OF MEETINGS. OKAY. BUT HAVING THAT SPECIAL MEETING DID HELP US, UH, GET THROUGH A BACKLOG, SO TERRIFIC. UM, HOPEFULLY, YEAH. BUT WE STILL HAVE A FULL BOAT FOR OCTOBER. FANTASTIC. UH, THERE'S NOTHING ELSE I HEAR. YES. UH, WE'RE DOWN BACK DOWN TO FIVE CASES. YES. . WELL, HOPEFULLY NOT LIKE TODAY. SO WITH THAT, I, THAT WAS A LONG ONE. I HEREBY OFFICIALLY ADJOURN THE MEETING OF THE BOARD OF ADJUSTMENTS. FIVE 17. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.