* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] OKAY. ALL RIGHT. UH, WE HAVE ONE OH THREE. WE'RE [Call to Order] GONNA CALL THE BOARD OF ADJUSTMENT MEETING FOR NOVEMBER 15TH INTO SESSION. STAFF, IF YOU COULD PLEASE, UH, CALL ROLL MS. KAPLAN. HERE. MR. ALBERT? HERE. MR. CONROY? HERE. MR. VASQUEZ? HERE. MR. MANNA. PRESENT. MS. LIND? HERE. MR. ZUNIGA? HERE. MS. MEESE? HERE. MR. TEAL. PRESENT. MR. OZUNA PRESENT CHAIR ORIA. AND I AM ALSO PRESENT. SO BEFORE WE BEGIN, UM, IF YOU COULD BE CLIENT OF SILENCE ALL YOUR MOBILE DEVICES, UH, AND BE AND JOIN US IN THE PLEDGE OF ALLEGIANCE OF THE UNITED STATES AND THE STATE OF TEXAS. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH STANDS? NATION INDIVIDUAL LIBERTY AND JUSTICE FOR ALL. HONOR TEXAS. FLAG. ALL TO THE, 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 NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. UH, FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I WILL READ THEM AT THE APPROPRIATE TIME. SO, WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY, ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS THAT HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE IN SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE AS AN ADVISORY IN AN APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUEST 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 ON 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 RELEASE OUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS ON WHICH THE 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 REC, UH, RECORD OF THESE PROCEEDINGS. APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. SO PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACT OF FACTS OF YOUR CASE. UM, I HAVE NOT, UH, ALLOWED THE SPANISH INTERPRETER TO SPEAK YET. IF YOU COULD PLEASE COME FORWARD. HELLO. THIS IS JUST TO LET YOU KNOW THAT WE DO HAVE SPANISH SERVICES, INTERPRETATION SERVICES AVAILABLE. IF THERE'S ANYONE NEEDING THESE SERVICES, PLEASE FEEL FREE TO COME TO THE INTERPRETER'S CABIN, WHICH IS LOCATED RIGHT NEXT TO THE ENTRANCE. THANK YOU. BYE-BYE. THANK YOU. UH, STAFFIE HAVE SOME WORDS. SO STAFF WILL BEGIN EACH CASE [00:05:01] WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXCEPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN EX 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 WILL BE CALLED IN ORDER THAT YOU SIGNED UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF NINE MINUTES. 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. UM, STAFF, IF YOU COULD PLEASE DO THE FIRST CASE, UH, PRESENT [1. BOA-21-10300154] THE FIRST CASE, UH, LOCATED AT 93 18 OAKLAND ROAD. OKAY. HELLO. GOOD AFTERNOON. AGENDA ITEM NUMBER ONE IS CASE BO O A 2 1 1 0 3 0 0 1 54. THIS CASE WAS CONTINUED FROM THE OCTOBER 18TH B O A HEARING. UM, THE ADDRESS IS 93 18 OAKLAND ROAD WITHIN COUNCIL DISTRICT NUMBER EIGHT. THE APPLICANT IS PAUL ELBA. UM, THE REQUEST IS FOR A VARIANCE FROM THE ACCESSORY STRUCTURE STANDARDS TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD. UM, AT SECOND VARIANCE IS ALSO BEING REQUESTED FOR THE, FROM THE FRONT MINIMUM SETBACK TO ALLOW THE STRUCTURE TO BE 10 FEET FROM THE FRONT PROPERTY LINE. THE ZONING OF THE PROPERTY IS RESIDENTIAL ESTATE. SUBJECT PROPERTY IS LOCATED ALONG OAKLAND ROAD. UM, THERE IS AN EXISTING SINGLE FAMILY RESIDENCE AND THE APPLICANT HAS CONSTRUCTED, UM, AN ACCESSORY STRUCTURE IN THE FRONT YARD OF THE PROPERTY. UM, ACCESSORY STRUCTURE CODE DOES STATE THAT THEY SHALL BE PERMITTED WITHIN THE SIDE OR REAR YARD. HERE'S A COPY OF THE SITE PLAN, AND THIS IS THE SUBJECT PROPERTY. AND THIS IS THE ACCESSORY STRUCTURE THAT'S CURRENTLY LOCATED IN THE FRONT YARD AND THE SURROUNDING AREA. UH, STAFF DOES RECOMMEND NILE AND BO O A 21 1 0 3 0 0 1 54. BASED ON THE FOLLOWING, FINDING OF FACT ONE, THE DETACHED ACCESSORY STRUCTURE IS LOCATED WITHIN THE FRONT YARD OF THE PROPERTY. WE MAILED 11 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET. ONE WAS RETURNED IN FAVOR, NONE WAS RETURNED IN, IN OPPOSITION. AND THE OAKLAND ESTATES NEIGHBORHOOD ASSOCIATION IS NEITHER IN SUPPORT OR OPPOSITION. UM, THAT CONCLUDES STAFF PRESENTATION. IF YOU HAVE ANY QUESTIONS, I'M AVAILABLE. ALL RIGHT. THANK YOU VERY MUCH. UM, DO WE HAVE ANY, UM, WOULD THE APPLICANT LIKE TO COME FORWARD? AND PLEASE STATE YOUR NAME AND ADDRESS AND YOU MAY BEGIN YOUR PRESENTATION. PAUL ELBA, 93 18 OAKLAND ROAD. THANK YOU FOR GIVING ME THE OTHER CHANCE TO GET DISAPPROVED. HOPEFULLY, UH, WE TRIED EVERYTHING EVEN BEFORE WE PUT THE BARN UP, WE GET THE PERMIT. WE WAS EVERYTHING LIKE THE WAY THEY TOLD US AND WE WERE SURPRISED, LIKE AFTER WE ALMOST DONE WITH IT. LIKE IT DOESN'T HAVE, THEY, WE CANNOT ENCLOSE IT. SO I'M HERE TO EXPLAIN WHY WE PUT IT IN THE FRONT, WHICH IS WE COULD REALLY SAVE US ALL THIS FRONTAGE VIEW. THE ONLY REASON WE PUT IT, BECAUSE WE HAVE A LOT OF WATER PROBLEM. LIKE IT'S, IT'S WASHING EVERYTHING, LIKE TO THE BACK, EVEN THE TREES. I HAVE SOME PICTURES HERE. YOU CAN SEE THE, THE ROOTS FROM THE TREES. THAT'S HOW BAD. IT'S, IT'S WASHING THE DIRT. UH, I MEAN, WE TRIED EVERYTHING. LIKE I SAID, WE GET THE PERMIT BEFORE AND, UH, IT'S HORSES AND REALLY WE'RE TRYING TO JUST GIVE THEM SHADOW WHEN, WHEN IT'S REALLY COLD. A COUPLE YEARS WE HAD THE SNOW AND ALL THIS STUFF, AND THAT'S ALL. OKAY, THANK YOU. UM, STEPH, HAS ANYBODY SIGNED UP TO SPEAK? NO ONE SIGNED IN, UH, FOR THIS CASE. OKAY. UH, ARE THERE ANY COMMISSIONER QUESTIONS? UH, MANNA COMMISSIONER MANNA. SO WERE THERE LETTERS SENT? UH, 'CAUSE I, I DON'T KNOW. WE HEARD THAT THERE'S ANY LETTERS SENT. YES, 11 NOTICES WERE SENT. UH, ONE WAS RETURNED IN FAVOR AND NONE IN OPPOSITION. AND THE OAKLAND ESTATES WAS NEITHER IN SUPPORT OR OPPOSITION. OH. [00:10:01] DID YOU RECEIVE SOMETHING FROM OAKLAND ESTATES? YES. CAN WE READ THAT PLEASE? SO, I'M SORRY I READ THIS A LITTLE BIT DIFFERENTLY. 'CAUSE THEY SAY THAT THEY SUPPORT THE CITY REGULATIONS, UM, AND DO NOT OFFER VARIANCES TO INDIVIDUAL PROPERTY OWNERS. SO, UM, SO I GUESS I DON'T UNDERSTAND WHY IT IS THAT WE'RE STATING THAT THEY'RE ONE WAY OR THE OTHER. SO ANYWAYS, UM, OKAY. UM, SO MY QUESTION FOR YOU THEN IS, UM, SO, SO, UM, GENERALLY YOU'RE SUPPOSED TO BE ON THE SIDE OR THE BACK OF THE PROPERTY. SO, SO YOU TALKED ABOUT THE BACK OF THE PROPERTY LAST TIME, FLOODING, IS THE SIDE PROPERTY NOT AVAILABLE THEN TO MOVE THE STRUCTURE TO I, I'M SORRY. SO LAST TIME YOU TALKED ABOUT THE BACK OF YOUR PROPERTY FLOODING. YES. THAT WAS ONE OF THE PRIMARY CONCERNS THAT YOU KIND INDICATED. AND SO LOOKING AT THE, UM, YOU KNOW, THE, THE, YOU KNOW, IT'S A PRETTY LARGE PIECE OF PROPERTY, AND SO BY, UM RIGHT, YOU CAN HAVE AN ACCESSORY STRUCTURE, UM, ON THE SIDE OF THE PROPERTY OR IN THE BACK. SO I GUESS THE QUESTION IS, WHAT'S PREVENTING YOU FROM HAVING IT ON THE SIDE OF THE PROPERTY? SO BEHIND THE FRONT, THE FRONT FACADE OF YOUR HOUSE, JUST TO STAY AWAY FROM THE NEIGHBOR, BECAUSE AS YOU SEE AT THE OTHER SIDE, WE HAVE A NEIGHBOR, SO WE PUT IT AS FAR AS WE CAN. OKAY. SO, SO THERE'S, THERE'S SPACE THERE THAT YOU COULD USE. THEN I GUESS IF YOU NEEDED TO PUT IT TO THE SIDE OF YOUR HOUSE, LIKE WHERE, LIKE WHERE AT? UM, SO, SO UP IN THE UPPER, UP IN THE UPPER NORTH WEST CORNER YOU SAW RIGHT THERE. YEAH, THAT'S AT THE END. THAT'S WHY WE HAVE THE WATER PROBLEM. AND I HAVE PICTURES RIGHT THERE. I MEAN, THE FENCE, IT'S OVER ONE FOOT COVERED WITH, UH, WITH THE DIRT. THAT'S HOW BAD IS THE WATER WASHES THE DIRT. OKAY. SO THE FLOODING OCCURS IN THAT AREA AS WELL? YES. OKAY. UM, THANK YOU. THANK YOU. UH, JUST TO HELP CLARIFY IF I CAN REALLY QUICK ON THAT PREVIOUS QUESTION RELATED TO THE NEIGHBORHOOD ASSOCIATION. SO, UH, THE LETTER DIDN'T STATE THAT THEY WERE OPPOSED. THE LETTER DIDN'T STATE THAT THEY WERE IN FAVOR. THEY DID STATE THAT THEY WERE IN, UM, IN FAVOR OF CITY REGULATIONS, BUT WHO ISN'T. SO WE DON'T WANT TO ASSUME THAT THAT MEANT THAT THEY WERE OPPOSED TO THE ACTUAL CASE. SO WE'RE JUST STATING THAT THEY RESPONDED, BUT THEY DIDN'T INDICATE EITHER WAY. AND I THINK THERE WAS A FOLLOW-UP EMAIL, UM, FROM THE ASSOCIATION, WHICH WE MIGHT BE ABLE TO PULL UP, UH, WHERE THEY REFERENCED. BASICALLY, WHATEVER HAPPENS, HAPPENS. OKAY. THANK YOU. I, MAY I ASK? YES, GO AHEAD. A QUESTION? MM-HMM. , THIS IS JUST A, A QUESTION ABOUT THE HORSES THAT YOU, I DON'T SEE ANY HORSES ON THE PROPERTY AT THE MOMENT, BUT YOU GO BACK TO THAT PICTURE OF THE, OF THE PROPERTY, WHICH SHOWS A A LOT OF DIRT. YES. WHERE ARE THESE HORSES GOING TO BE RUNNING AROUND? DON'T THEY NEED LIKE A FIELD OR ARE YOU, ARE YOU GONNA HAVE A ENCLOSURE? WELL, THAT'S ALMOST ONE ACRE RIGHT THERE FOR THEM. YEAH, BUT ARE THEY GONNA BE RUNNING AROUND IN THAT DUST, IN THE DIRT? I MEAN, IS THAT NOT GONNA DISTURB YOUR NEIGHBORS MORE THAN IF THERE WAS A BARN ADJACENT TO THEIR PROPERTY? WE NEVER HAVE ANY COMPLAINT FROM THE, AND FROM THE NEIGHBOR. AND ACTUALLY RIGHT NOW, BECAUSE I USED TO HAVE THEM ON THE OTHER LAND NEXT TO ME BEFORE WE SOLD IT, AND THAT WAS PLENTY OF PLACE. UH, RIGHT NOW, THIS IS THE ONLY PLACE WE HAVE. AND THIS, MY HORSES WE SAW ATTACHED TO THEM, ALL OF 'EM, THEY BORN IN MY BARN AND THERE'S NO OTHER WAY TO WHERE I'M GONNA PUT 'EM. BUT YEAH, THEY'RE HAPPY. THEY'RE, THERE'S MORE THAN ENOUGH PLACE FOR THEM. THEY RUN, THEY, UH, COMMISSIONER Z, MR. CHAIR. SO I UNDERSTAND BASED ON PRIOR TESTIMONY, THIS NEIGHBORHOOD IS PREDOMINANTLY HORSES. I MEAN, THAT'S WHY PEOPLE MOVE OUT THERE IS BECAUSE THAT'S WHY WE MOVED OVER THERE. THAT'S, AND THAT'S, UH, PREDOMINANT OF THE HOMEOWNERS HAVE HORSES OUT THERE, SO, YES. UM, AND SO WERE, WOULD YOU BE ABLE TO PROVIDE THE PICTURES THAT SHOW SOME OF THE, UH, OIL, THE SOIL EROSION, UM, TOWARDS THAT BACK CORNER, UH, UH, THAT YOU SHOWED, YOU SAID YOU HAD PICTURES? YES. THAT'S PART OF THE TESTIMONY BECAUSE YOUR HOUSE IS ORIENTED, SO IT'S PUSHED WAY BACK. RIGHT. SO IT'S ALMOST IMPRACTICAL TO BE ABLE TO HAVE THE, [00:15:01] THE, THE BARN SET BEHIND THE FRONT JUST BECAUSE OF THE WAY THE HOUSE WAS LAID OUT. SO TO ME THAT'S OKAY. WE'LL, WE'LL SEE THE PICTURES. THANK YOU. THANK YOU. AND, AND I HAVE A QUICK QUESTION. HAVE YOU HAD ANY ADDITIONAL CONVERSATION WITH THE NEIGHBOR? OF COURSE. YES. AND LIKE, YOU SEE, THEY WERE, THEY'RE IN FAVOR RIGHT NOW, AND WE WERE GONNA PUT A FENCE. WE AGREED TO PUT FENCE IN BETWEEN. OKAY. SO THEY CAN PREVENT A LOT OF ISSUES. ALL RIGHT. THANK YOU. IS THERE ANY OTHER QUESTIONS? HEARING NONE? UH, I'M LOOKING FOR A MOTION ON THIS CASE. OH, ZUNA UH, COMMISSIONER ZUNA. SIR, YOU MAY HAVE A SEAT. OKAY, THANK YOU. BECAUSE THEY, YOU DON'T WANT, YOU WANT SEE THE PICTURES? PICTURES HE ASKED ME FOR? I WOULD ASK MR. MADA, WOULD IT BE HELPFUL TO HAVE THE PICTURES OF THE BACKYARD OR, I DO HAVE THEM ON MY CELL PHONE, SIR. YOU CAN GIVE YOUR CELL PHONE. THEY CAN PUT IT. UM, I'M ONDALE AVENUE. I LIVE AT 5 6 7 9 IN S PARK ROAD. OH. PAUL IS MY NEIGHBOR. OH. THAT'S USED MY BARN AND IT'S AT, OF, OF, OF A HILL. AND PAUL SPENT A LOT OF MONEY, PUT SAND AND DIRT IN THERE, BUT WHEN IT RAINS, THAT WATER RUNS IN THERE AND IT'S ALWAYS MUDDY. IT ALSO RUNS INTO THE BARN. AND SO WE HAVE A PROBLEM. HE HAD TO MOVE HIS HORSES BECAUSE THEY ALWAYS HAVING PROBLEM WITH THE WATER WHEN IT'S IN THERE. UH, STAFF, WAS THAT PROVIDED, UH, SEPARATE OR WAS THAT THE APPLICANT PROVIDING THEM? THE APPLICANT. OKAY. THANK YOU. THE, THE CHANNEL. I'M SORRY, SIR. THIS IS A VIEW FROM THE REAR LOOKING FORWARD. THIS IS ONE OF 'EM. THIS IS ONE JUST SHOWING THE HOW BAD IS THE WATER GOES ON THAT, THAT CHANNEL. BUT THE, THE OTHER ONE, , CAN YOU KEEP GOING? YES. MORE. MORE. OKAY. THIS IS MORE CHANNELS. LITTLE BIT MORE. I HAVE A PICTURE FOR THE BACK. MORE PLEASE. OKAY. THIS IS THE BACK, BUT WE NEED TO OPEN IT MORE SO THEY CAN SEE. OKAY. NOW ON MY PHONE, YOU CAN SEE THE BACK, THE FENCE, HOW IT'S OVER THE FOOT COVERED WITH THE DIRT FROM THE RAIN. AND I HAVE MORE PICTURES SHOWING THE TREES. LIKE YOU CAN SEE THE ROOTS RIGHT THERE. I'M SORRY. OH, RIGHT HERE? YEAH, THAT'S IT. IT CAN, IT HAS A LITTLE LAZY. OKAY. A LITTLE BIT DOWN. YEAH. I MEAN THIS IS SHOWING THE ROOTS. THAT'S HOW BAD THE WATER WHEN IT COMES DOWN. MORE THAN ONE PICTURE EVEN RIGHT THERE. BUT I HAVE IT ON ANOTHER PICTURE. THERE WE GO. THERE'S MORE TOO. LOOK AT THIS ONE TOO. OKAY. I, I HAD A QUESTION FOR STAFF 'CAUSE THEY PLAYED A VIDEO THERE THAT I, WE HADN'T SEEN BEFORE. SO IT SAID HE WAS A NEIGHBOR. DO WE KNOW WHAT NEIGHBOR OR WHAT THE ADDRESS WAS OF THAT PERSON? OH, THAT'S MY NEIGHBOR. THE ONE I USED TO PUT MY HORSES THERE AFTER WE SOLD. SO THAT'S THE ONE THAT'S DOWNSTREAM FROM YOU THEN? IS THAT CORRECT? SO THAT'S THE ONE THAT'S TO THE EAST, SO, SO THE EAST YEAH. THE NORTHEAST OF YOU I GUESS? YES. OKAY. ON THIS SIDE, YES. AND SO THE WATER FLOWS, UM, I GUESS FROM THE WEST TO THE EAST THERE ON YOUR PROPERTY, IS THAT CORRECT? YEAH, THIS IS HIS BARN RIGHT THERE. THAT'S WHY I PUT THE BARN, THE HORSES, AFTER WE SOLD THIS LAND, I USED THIS. IT'S A LOT OF WATER THERE. I HAD TO BRING A LOT OF SAND TO RAISE IT UP AND WE'RE STILL HAVING A LOT OF PROBLEM. BUT ANYWAY, HE SOLD THAT PROPERTY. BUT THE WATER FLOWS EAST TO OR WEST TO EAST, RIGHT. SO FROM, FROM, FROM THE TOP TO THE, FROM THE TOP TO THE BOTTOM. CORRECT? YES. [00:20:02] OKAY. AND, UH, LAST TIME WE SPOKE, YOU HAD MENTIONED THAT, UM, YOU WERE GOING TO BE RUNNING THE SIDES DOWN. IS THIS PICTURE JUST IS NOT YET COMPLETED? CORRECT? I HAVE THE PICTURES WITH THE PERMIT. LIKE WHAT WE'RE GONNA DO, JUST TO, WE'RE GONNA ENCLOSE IT WITH LIKE BARS AND, UH, SEE THEIR, OKAY. THANK YOU. ARE THERE ANY OTHER QUESTIONS? UH, I'M HEARING NONE. I'M LOOKING FOR A COMMISSIONER TO MAKE A MOTION ON THIS CASE. O ZUNA, COMMISSIONER ZUNA, REGARDING CASE NUMBER BO A DASH 21 DASH 0 3 0 54. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANTED REQUEST FOR ONE VARIANCE FROM THE ACCESSORY STRUCTURE STANDARDS TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD. AND TWO, A FIVE FOOT VARIANCE FROM THE 15 FOOT MINIMUM FRONT SET BACK TO ALLOW AN ACCESSORY STRUCTURE TO BE 10 FEET FROM THE FRONT PROPERTY LINE SITUATED AT 9 3 1 8 OAKLAND ROAD. APPLICANT BEING PAUL L BAE, BECAUSE OF, BECAUSE OF TESTIMONY PRESENTED TO US, AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE REQUEST TO ALLOW IT ATTACHED ACCESSORY STRUCTURE IN THE FRONT YARD IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LIT LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP BY IMPOSING A LITERAL ENFORCEMENT, THE ACCESSORY STRUCTURE WOULD NEED TO BE RELOCATED TO THE SIDE OR REAR OF THE PROPERTY. THREE, BY GRANTING THE VARIANCE AS APPEARED TO THE ORDINANCE WILL BE OBSERVED AS 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. SUBSTANTIAL JUSTICE WILL BE DONE BY KEEPING THE ACCESSORY STRUCTURE IN THE FRONT YARD. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. VIA SUCH VARIANCE WOULD 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 PRO THE PROPOSED STRUCTURE DOES NOT CAUSE ANY CONCERN. IT DOES NOT APPEAR TO SUBSTANTIALLY INJURE THE USES OF ADJACENT CONFORMING PROPERTIES. THE STRUCTURE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SALT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY, ARE NOT MERELY FINANCIAL OR NOT NEW DUE TO THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT OF WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS THAT THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SALT IS, IS NOT, I'M SORRY, UH, FOR WHICH THE VARIANCE IS, IS NOT SOUGHT. IT'S DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, WHICH THE VARIANCE IS SOUGHT. THE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER AND ARE NOT MERELY FINANCIAL AND OF MOTION. SECOND, UM, MANNA HAS A SECOND. COMMISSIONER ZUNA, PLEASE LEAD THE DISCUSSION. RIGHT. SO THIS IS THE CONTINUANCE OF, OF THE MOTION, UH, FROM THE LAST MEETING OR TWO MEETINGS AGO. AT THAT TIME, UH, WE WERE GONNA, WE ALLOWED TIME FOR THE APPLICANT TO GO BEFORE THE, UM, HOMEOWNERS OR THE, UH, THE HOMEOWNER ASSOCIATION TO SEEK THEIR INPUT, UH, OF WHICH WE DO HAVE THE EMAILS, WHICH, UM, YOU KNOW, WOULD NOT NECESSARILY, UH, UH, YOU KNOW, THEY'RE NOT NECESSARILY FULL SUPPORT, BUT THEY DIDN'T DENY OR, OR OPPOSED TO THE, THE VARIANCE. AND I THINK THAT WAS THE GUIDANCE WE WERE LOOKING FOR. WE SAW SOME ADDITIONAL TESTIMONY FOR THE NEIGHBORS THAT SUPPORTED IT. WE SAW TESTIMONY, UH, WHEREBY THE, UH, WATER EROSION WOULD, WOULD CREATE THE, THE ONLY YOUTHFUL USEFUL SPACE FOR THIS BARN WOULD BE IN AN INHABITABLE AREA OF THE YARD. UH, SO I THINK GIVEN THAT THERE WAS NO OPPOSITION FOR THE NEIGHBOR THAT WAS MOST AFFECTED, WE SAW A SUPPORT. WE SAW SUPPORT FROM THE NEIGHBOR TO THE RIGHT OF THE, OF THE, UM, OF THE VARIANCE. AND THEN WE SAW THE O OWNER'S ASSOCIATION, WHICH, UH, UM, YOU KNOW, UM, DID NOT DISAGREE WITH THE, WITH THE VARIANCE REQUEST FOR THOSE REASONS. AND FOR THE APPLICANT TO BE ABLE TO PROVIDE SOME SHELTER FOR HIS HORSES IN A NEIGHBORHOOD THAT IS PREDOMINANTLY, UH, A HORSE NEIGHBORHOOD. THAT'S WHY PEOPLE LIVE OUT THERE OR MOVE OUT THERE. FOR THOSE REASONS, I'M SUPPORTING THE MOTION. ALL RIGHT, COMMISSIONER MANON, I'M GONNA BE IN DISAGREEMENT WITH MY COLLEAGUE, UNFORTUNATELY. UM, SO, SO A COUPLE OF REASONS. ONE IS THAT, UM, YOU KNOW, AN AN ACCESSORY, THIS IS NOT A, UH, THERE'S ACCESSORY DWELLING THAT'S OUTSIDE OF WHERE IT IS. THE CITY SAYS IT'S SUPPOSED TO BE PERMITTED, WHICH IS ON THE SIDE OR THE BACK. AND I THINK THERE IS SPACE TO PUT IT ON THE SIDE. UM, AND IF IT'S MOVED, UH, MORE TOWARDS THE, UM, WE'LL SAY THE WESTERN BARRIER THAN SOME OF THE FLOODING THINGS WOULD BE, UH, MITIGATED. YOU KNOW, THIS IS A HORSE PASTURE, SO BASICALLY IT IS DIRT. AND SO UNLESS THEY COME BACK WITH SOME SOLUTION, IT'S GONNA HAVE RUNOFF REGARDLESS WHAT'S GOING ON. UM, FIRST, SECOND IS, YOU KNOW, IF YOU DRIVE THROUGH THE COMMUNITY. AND SO WHILE YES, MANY, THERE ARE MANY HORSES IN THAT COMMUNITY, NONE OF THEM HAVE AN ACCESSORY STRUCTURE IN THE FRONT YARD. AND SO I THINK THIS SETS A DIFFERENCE OR SETS A PRECEDENT HERE THAT I DON'T NECESSARILY KNOW. WE WANT THE REST OF THE COMMUNITY, UH, UH, TO, UH, BASICALLY ACCEPT, UM, SECOND OR THIRD IS THAT WHEN I READ THAT NOTICE, [00:25:01] UH, FROM THE NEIGHBORHOOD ASSOCIATION I READ IT, THAT THEY'RE ACCEPTING, OR THEIR PREFERENCE OR THEIR, PER THEIR PERSPECTIVE IS THEY WANT TO ABIDE BY THE CITY CODE, WHICH IS ON THE SIDE OR THE BACK. AND SO FOR THOSE REASONS, I WILL NOT BE SUPPORTING THE MOTION. OKAY, THANK YOU. IS THERE ANY OTHER COMMISSIONER I'D LIKE TO ADD TO THE DISCUSSION? OKAY, I'M GONNA GO AHEAD AND ADD, UH, SOMETHING OF MY OWN. UM, I, I WAS GLAD TO SEE THAT, UH, THE NEIGHBOR IS IN FAVOR, THE ONE THAT THIS DIRECTLY AFFECTS, UH, TO THE, TO THE NORTHWEST, UH, UH, YES, NORTHWEST. UH, AND IT WAS NICE TO HEAR FROM THE HOMEOWNERS ASSOCIATION, UH, WHERE THEY BASICALLY SAID IT WAS, IT WAS UP TO US. SO, UM, BECAUSE IT IS A LARGE LOT, THERE'S ONLY A FEW, FEW LOTS ON THE STREET AND NOBODY SEEMS TO BE AGAINST IT. UH, I'M GONNA BE IN FAVOR. SO WITH THAT STAFF, IF YOU COULD PLEASE TAKE A ROLL CALL. VOTE MS. KAPLAN BE FIRST. OKAY. UH, I DO NOT CONCUR. MR. ALBERT. I CONCUR. MR. CONROY. I CONCUR. MR. VASQUEZ. I CONCUR. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. LIND. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. ZUNIGA. I CONCUR WITH THE FINDING OF THE FACT. MS. MEESE. I CONCUR. MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. UH, UH, THE MOTION FAILS EIGHT TO THREE. UM, AND SIR, IF YOU COULD PLEASE GET WITH STAFF, THEY'LL TALK TO YOU ABOUT WHAT YOUR NEXT STEPS ARE. OKAY. THANK YOU. THANK YOU. OKAY, THE NEXT CASE PLEASE. AGENDA ITEM NUMBER TWO. [2. BOA-21-10300158] UM, I'LL PRESENT THE NOTIFICATION THAT WE SENT OUT. SO STAFF MAILED 28 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET. NONE WILL RETURN IN FAVOR AND IN OPPOSITION. AND, UM, THERE WAS NO WRITTEN RESPONSE FROM THE TOBIN HILL COMMUNITY ASSOCIATION, BUT WE DO HAVE A VOICEMAIL FROM THEM TODAY. UM, AT THIS POINT, I'LL TURN IT OVER TO THE OFFICE OF HISTORIC PRESERVATION. ALRIGHT, THANK YOU. MM-HMM. . HELLO, I'M RACHEL ALATA WITH THE OFFICE OF HISTORIC PRESERVATION 1901 SOUTH ALAMO. MY COLLEAGUE EDWARD HALL IS IN ATTENDANCE AS WELL. UM, THE REQUEST IS AN APPEAL OF THE HISTORIC PRESERVATION OFFICER'S DENIAL OF THE REPLACEMENT OF 22 EXISTING HISTORIC WOOD WINDOWS WITH REPLACEMENT WINDOWS THAT DO NOT MEET THE HISTORIC DESIGN GUIDELINES. GUIDELINES FOR EXTERIOR MAINTENANCE AND ALTERATIONS REGARDING WINDOW MATERIAL AND THE H D R C STIPULATIONS THAT THE APPLICANT SALVAGE AND STORE OR REUSE EXISTING WOOD WINDOWS ON THE PROPOSED REAR EDITION. AND UPDATE THE FENESTRATION PATTERN, WINDOW OPENING PROPORTIONS AND WINDOW MATERIALS ON THE PROPOSED REAR EDITION TO BE CONSISTENT WITH THE HISTORIC DESIGN GUIDELINES AND STANDARD SPECIFICATIONS FOR WOOD WINDOWS, OR I'M SORRY, FOR WINDOWS AND ADDITIONS. UH, THE CASE HISTORY ON AUGUST 18TH, 2021, UH, THE HISTORIC AND DESIGN REVIEW COMMISSION, UM, DEFER REFERRED THE APPLICANT'S REQUEST TO A DESIGN REVIEW COMMITTEE D R C SITE VISIT TO REVIEW THE CONDITIONS AND TO ASSESS THE CONDITION OF THE EXISTING WOOD WINDOWS. A DESIGN REVIEW COMMITTEE SITE VISIT WAS CONDUCTED ON SEPTEMBER 7TH, 2021, BY THE D R C AND REPRESENTATIVES FROM THE CONSERVATION SOCIETY OF SAN ANTONIO AND THE OFFICE OF HISTORIC PRESERVATION. THE D R C DETERMINED THAT THE EXISTING HISTORIC WOOD WINDOWS WERE IN REPAIRABLE CONDITION AT THE SEPTEMBER 15TH, 2021. HISTORIC AND DESIGN REVIEW COMMISSION, H D R C HEARING THE APPLICANT'S REQUEST TO REPLACE 22 EXISTING HISTORIC WOOD WINDOWS WITH REPLACEMENT WINDOWS WAS DENIED ON THE BASIS THAT THE EXISTING WOOD WINDOWS WERE NOT DETERIORATED BEYOND REPAIR. AND THAT THE PROPOSED REPLACEMENT WINDOW PRODUCT AND ALUMINUM CLOUD MATERIAL WAS NOT CONSISTENT WITH THE HISTORIC DESIGN GUIDELINES, GUIDELINES FOR EXTERIOR MAINTENANCE AND ALTERATIONS. ADDITIONALLY, THE APPLICANT'S REQUEST TO CONSTRUCT A ONE-STORY REAR ADDITION WAS APPROVED WITH H D R C STIPULATIONS, ONE THAT THE APPLICANT'S SALVAGES, THE EXISTING WOOD WINDOWS PROPOSED FOR REMOVAL TO ACCOMMODATE THE ADDITION AND STORES THEM ON SITE FOR FUTURE USE OR INSTALLS THEM ON THE REAR ADDITION. AND TWO, THAT THE APPLICANT UPDATE THE FENESTRATION PATTERN, WINDOW OPENING PROPORTIONS AND MATERIALS SO THAT THEY ARE CONSISTENT WITH THE HISTORIC DESIGN GUIDELINES AND STANDARD SPECIFICATIONS FOR WINDOWS IN ADDITIONS. SO YOU'LL SEE THE APPLICABLE CITATIONS HERE. UM, THE HISTORIC, UM, THE HISTORIC DESIGN GUIDELINES, CHAPTER TWO, GUIDELINES FOR EXTERIOR MAINTENANCE AND ALTERATIONS. SECTION SIX ARCHITECTURAL FEATURES, DOORS, WINDOWS, AND SCREENS, SUBSECTIONS, MAINTENANCE AND ALTERATIONS. AND ALSO CHAPTER THREE, GUIDELINES FOR ADDITIONS. THE SECTION ON ARCHITECTURAL DETAILS, UM, SUBSECTION FOR GENERAL HISTORIC CONTEXT, AND THEN ALSO THE [00:30:01] STANDARD SPECIFICATIONS FOR WINDOWS IN ADDITIONS AND NEW CONSTRUCTION FOR THE FINDINGS. A WINDOW REPLACEMENT AT THE SEPTEMBER 15TH, 2021, H D R C. HEARING THE APPLICANT'S REQUEST TO REPLACE 22 EXISTING HISTORIC WOOD WINDOWS WITH REPLACEMENT WINDOWS WAS DENIED ON THE BASIS THAT THE EXISTING WOOD WINDOWS WERE NOT DETERIORATED BEYOND REPAIR. AND THAT THE PROPOSED REPLACEMENT WINDOW PRODUCT AND ALUMINUM CLOUD MATERIAL WAS NOT CONSISTENT WITH THE HISTORIC DESIGN GUIDELINES, GUIDELINES FOR EXTERIOR MAINTENANCE AND ALTERATIONS. B O H P STAFF CONSISTENTLY RECOMMENDS THE REPAIR OF EXISTING HISTORIC WOOD WINDOWS, AS IS RECOMMENDED BY THE HISTORIC DESIGN GUIDELINES. GUIDELINES FOR EXTERIOR MAINTENANCE AND ALTERATIONS. HISTORIC WOOD WINDOWS WERE CONSTRUCTED TO LAST A HUNDRED PLUS YEARS WITH OLD GROWTH WOOD, WHICH IS SUBSTANTIALLY MORE DURABLE THAN MODERN WOOD AND CLAD PRODUCTS. AND ORIGINAL WINDOWS THAT ARE RESTORED AND MAINTAINED OVER TIME CAN LAST FOR DECADES. REPLACEMENT WINDOW PRODUCTS HAVE A MUCH SHORTER LIFESPAN AROUND 10 TO 20 YEARS AND CANNOT BE REPAIRED ONCE THEY FAIL. OVER 112 MILLION WINDOWS END UP IN LANDFILLS EACH YEAR, AND ABOUT HALF ARE UNDER 20 YEARS OLD. SEE, THE GUIDELINES FOR EXTERIOR MAINTENANCE AND ALTERATIONS RECOMMENDS THAT IF ORIGINAL WINDOWS ARE DETERIORATED BEYOND REPAIR, THEY ARE TO BE REPLACED WITH NEW WINDOWS TO MATCH THE HISTORIC OR EXISTING WINDOWS IN TERMS OF SIZE TYPE CONFIGURATION, MATERIAL FORM, APPEARANCE AND DETAIL. THE PREVIOUSLY PROPOSED REPLACEMENT WINDOWS ARE NOT CONSISTENT WITH THE HISTORIC DESIGN GUIDELINES. GUIDELINES FOR EXTERIOR MAINTENANCE AND ALTERATIONS. D ADDITION AT THE SEPTEMBER 15TH, 2021, HISTORIC AND DESIGN REVIEW COMMISSION HEARING, THE APPLICANT'S REQUEST TO CONSTRUCT A ONE STORY REAR EDITION WAS APPROVED WITH THE H D R C STIPULATIONS PREVIOUSLY MENTIONED. AND E O H P STAFF CONSISTENTLY RECOMMENDS THAT HISTORIC WINDOWS AND DOORS APPROVED FOR REMOVAL TO ACCOMMODATE ADDITIONS ARE SALVAGED AND STORED ON SITE FOR FUTURE USE OR REUSED IN THE PROPOSED EDITION, THE PROPOSED REAR EDITION WILL REQUIRE THE REMOVAL OF THREE ONE OVER ONE WOOD WINDOWS, AND ONE DOOR ON THE NORTH ELEVATION, WHICH IS THE REAR, UH, HISTORIC WOOD WINDOWS AND DOORS ARE VALUABLE MATERIALS AND ARE CRITICAL IN THE REHABILITATION OF HISTORIC STRUCTURES. AND F THE STANDARD SPECIFICATIONS FOR WINDOWS AND ADDITIONS AND NEW CONSTRUCTION RECOMMEND THAT NEW WINDOWS FEATURE TRADITIONAL DIMENSIONS AND PROPORTIONS FOUND WITHIN THE, IN THE DISTRICT. THE PROPOSED REAR ADDITION INCLUDES THE INSTALLATION OF ONE SMALL ONE OVER ONE WINDOW, A LARGE FIXED WINDOW, AND A FULL LIGHT DOOR ON THE REAR ELEVATION, A LARGE ONE OVER ONE WINDOW ON THE EAST ELEVATION, AND A TRADITIONAL SIZED ONE OVER ONE WINDOW ON THE WEST ELEVATION. THE PROPOSED FENESTRATION PATTERN IS NOT CONSISTENT WITH THE STANDARD SPECIFICATIONS FOR WINDOWS AND ADDITIONS AND NEW CONSTRUCTION FOR THE RECOMMENDATION OFFICE OF HISTORIC PRESERVATION STAFF DOES NOT RECOMMEND APPROVAL OF THE APPEAL. STAFF RECOMMENDS THAT THE BOARD OF ADJUSTMENT UPHOLD THE HISTORIC PRESERVATION OFFICER'S DENIAL OF A CERTIFICATE OF APPROPRIATENESS FOR REPLACEMENT OF EXISTING HISTORIC WOOD WINDOWS, WITH WINDOWS THAT ARE NOT CONSISTENT WITH THE HISTORIC DESIGN GUIDELINES. AND THE APPROVAL OF H G R C STIPULATIONS, ONE FOR THE SALVAGING OF HISTORIC WOOD WINDOWS REMOVED TO ACCOMMODATE THE REAR ADDITION. AND TWO UPDATED ELEVATION DRAWINGS SHOWING WINDOWS ON THE REAR ADDITION THAT MATCH THE EXISTING WINDOW PROPORTIONS ON THE PRIMARY STRUCTURE AND STAFF WILL BE AVAILABLE FOR QUESTIONS. THANK YOU VERY MUCH. ABSOLUTELY. UH, THE APPLICANT CAN COME UP AND MAKE YOUR PRESENTATION. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. DO YOU WANT MY PHYSICAL ADDRESS OR THE PROPERTY ADDRESS? 'CAUSE I DON'T LIVE THERE. UH, IT IS WHICHEVER YOU'D LIKE TO PROVIDE, SIR. SO, MY NAME IS JOSEPH CALDERONE. I LIVE AT TWO 18 WEST HOLLYWOOD, HERE IN SAN ANTONIO, TEXAS, 7 8 2 1 2. OKAY. UM, A LOT OF INCONSISTENCIES HERE WITH WHAT WAS STATED AND WHAT IS ACTUALLY GOING ON. UM, WHEN I MADE THIS PROPOSAL TO THE H D R C, EVERYTHING THAT I PROPOSED IS WITHIN THE STANDARDS OF THE H D R C GUIDELINES AND THE U D C. WHEN THE H D R C COMMITTEE MADE THEIR DECISION AND VOTED, NOT ONCE DID THEY REFERENCE THE H D D R C GUIDELINES AND NOT ONCE DID THEY CONSIDER ANY OF THE ARGUMENTS THAT I MADE THAT ARE CONTAINED WITHIN THE GUIDELINES. THEIR WHOLE DECISION WAS BASED ON PERSONAL PREFERENCE AND OPINION. AND I'D LIKE TO GO THROUGH THAT. THIS IS A LITTLE LONG, BUT I THINK WE CAN GET THROUGH IT HOPEFULLY PRETTY QUICK. UM, REAL QUICK, I CAME TO SAN ANTONIO FROM AUSTIN. I WORKED IN AUSTIN FOR OVER 20 YEARS, BUILDING REMODELING PROPERTIES. I CAME HERE THREE YEARS AGO BECAUSE I REALLY ENJOYED AND APPRECIATE THE HISTORIC NEIGHBORHOODS AND ALL THE PROJECTS I'VE DONE HAVE BEEN WITHIN HISTORIC NEIGHBORHOODS. UM, I COMPLETELY AGREE WITH H D R C AND I SUPPORT THEIR MAIN GOAL, WHICH IS TO PRESERVE AND PROTECT UNIQUE HISTORIC CHARACTER AND DESIGN FEATURES OF HISTORIC DISTRICTS. UM, [00:35:01] WE'RE IN CONJUNCTION HERE, WE'RE IN AGREEMENT HERE, AND I BELIEVE THAT THESE WINDOWS CAN BE REPLACED AND CAN BE DONE SO, AND STILL DO IT EFFECTIVELY AND HAVE THAT GOAL REMAIN IN PLACE. UM, REAL QUICK, RACHEL DISCUSSED THE WINDOWS THAT I'M REPLACING AND THE NEW ADDITION I'M DOING, AND THEY'RE ASKING ME TO USE WINDOWS FROM THE CURRENT HOUSE IN THE NEW EDITION. I DON'T KNOW IF YOU'RE ABLE TO GO TO THE WINDOW SCHEDULE, WHICH IS PAGE 67 OF THE P D F THAT WAS SUBMITTED FOR THIS PAGE 67 OF, OF THE P D F. THAT SHOULD BE PART OF THIS HEARING. DID YOU SUBMIT THE P D F OR A POWERPOINT? OH, HERE WE GO. WHAT I S HERE IT IS. A ARE YOU REFERRING TO THE O H P ATTACHMENT? UM, OR ARE YOU, OR IS THIS SOMETHING THAT YOU, YOU PROVIDED TO STAFF? THIS IS SOMETHING I PROVIDED BY TO STAFF. THEY ASKED WHEN I WAS DOING THIS ADDITION, THEY WANTED TO SEE A WINDOW SCHEDULE, EVERY SINGLE WINDOW OF THE PROPERTY. AND THEN WITH THE NEW ADDITION, WHICH WINDOWS ARE NEW, WHICH ONES ARE EXISTING. SO WE HAVE AN IDEA OF WHAT'S EXISTING, WHAT'S NEW, WHAT NEEDS TO BE REPLACED, AND WHAT CAN BE SALVAGED. OKAY. SO IT'S VERY IMPORTANT WHEN YOU SEE THIS, IT'S PAGE, I DON'T KNOW IF YOU HAVE IT BY PAGE, BUT IT'S PAGE 67. THIS MAY BE A DIFFERENT P D F 'CAUSE THIS ONE ONLY HAS 29 PAGES IN IT. DOES IT? YEAH. WELL, WHAT I CAN SAY IS IT'S A MATTER OF SIMPLE MATH THAT DOESN'T ADD UP. SO THERE ARE ONLY THREE WINDOWS ON THE REAR OF THE PROPERTY, WHICH I'LL BE REMOVING. AS RACHEL STATED, THERE'S THREE WINDOWS. BUT OF THE NEW WINDOWS, TWO OF 'EM DON'T MATCH THE SIZE, BUT THEY DO MATCH EXISTING WINDOWS THAT ARE ALREADY, THEY'RE EXISTING. SO THE H C R C GUIDELINES SAY, AS LONG AS IT'S SIMILAR SIZE, THOSE WILL BE APPROVED. THE OTHER WINDOWS, THERE'S TWO MORE WINDOWS THAT ARE THE SAME SIZE AS EXISTING WINDOWS, BUT I AM ADDING TWO WINDOWS. ONE ON THE SIDE OF THE STRUCTURE, ONE ON THE, UH, YEAH. AND IT, IT'S BEFORE I DON'T, CAN YOU GO BEFORE THAT? BECAUSE I THINK THE WINDOW SCHEDULE KEEP GOING. YEAH, KEEP GOING UP. SO BASICALLY I'M ADDING THREE NEW WINDOWS. THERE'S THREE WINDOWS ON THE REAR THAT COULD BE USED IN THE THREE NEW WINDOWS OF THE SAME SIZE. SO THERE'S ALSO A WINDOW THAT IS DAMAGED. OKAY. RIGHT THERE. I DON'T KNOW IF WE CAN EN ENLARGE THAT AT ALL. RIGHT HERE, THE NEW WINDOW. OKAY. HERE'S AN EXISTING WINDOW. IF YOU LOOK ON THESE WINDOWS, THE FRONT AND SIDES, GO BACK TO THE MIC, SIR, IF YOU COULD, UH, PLEASE GO TO THE, YOU HAVE TO BE AT THE MIC. YEAH. THANK YOU. YEAH. IF YOU LOOK AT THESE WINDOWS, THE WAY THE HOUSE IS LAID OUT, YOU HAVE TWO WINDOWS, TWO WINDOWS ON THE FRONT. YOU HAVE TWO WINDOWS, EVERYTHING'S PAIRED UP. SO THERE WAS ONLY ONE WINDOW HERE TO KEEP WITH THE HISTORIC LOOK OF THE BUILDING. I ADDED A WINDOW HERE. SO THERE'S A, A NEW WINDOW THERE. THERE'S A NEW WINDOW HERE, AND A NEW WINDOW HERE. THAT'S THREE WINDOWS. THERE'S THREE WINDOWS ON THE BACK OF THE PROPERTY THAT, I'M SORRY, THAT ARE BEING REMOVED, THAT ARE GONE. SO I CAN'T, THERE'S NO OTHER WINDOWS TO USE THE WINDOW. AND THE WINDOW THAT'S BEING CONSIDERED HERE IS THIS ONE. THIS IS THE ISSUE WINDOW. THERE'S NO OTHER WINDOWS OF ISSUE. REASON BEING, THIS WINDOW IS A TWO BY FOUR WINDOW, WHICH MATCHES THIS WINDOW IN THE ORIGINAL RESTROOM. THIS WINDOW IS ALSO A TWO BY FOUR WINDOW, WHICH AGAIN, MATCHES THIS WINDOW. THERE AREN'T ANY WINDOWS TO USE THAT MATCH THIS SIZE. SO THESE HAVE TO BE NEW WINDOWS. SO NOW WE GET TO THIS WINDOW THAT IS A LARGER WINDOW. WHAT, WHAT'S TYPICALLY AT THE PROPERTY RIGHT NOW IS ROUGHLY THREE FOOT BY SIX FOOT WINDOWS. [00:40:01] WHAT I'M PUTTING THERE IS A LARGE FOUR BY SIX, WHAT'S ALSO KNOWN AS A PICTURE WINDOW. LET ME GET TO MY GUIDELINES HERE. SO IN THE H D R C GUIDELINES FOR EXTERIOR MAINTENANCE AND ALTERATIONS, THERE ARE THREE GENERAL PRINCIPLES. PRINCIPLE THREE STATES MORE FLEXIBILITY IN TREATMENT AND OR REPLACEMENT MAY BE CONSIDERED IN LOCATIONS NOT VISIBLE FROM THE PUBLIC RIGHT OF WAY. SO NOT ONLY IS THAT BIG PICTURE WINDOW, NOT IN THE PUBLIC RIGHT OF WAY, NONE OF THE WINDOWS THAT ARE IN THAT REAR ADDITION, IN THE PUBLIC RIGHT OF WAY, THEY CANNOT BE SEEN FROM THE FRONT. THIS WINDOW CAN'T BE SEEN FROM THE SIDES. SO WHEN I STATED THAT TO THE H D R C, IT WAS NEVER DISCUSSED. OKAY. NEVER MENTIONED, NEVER TALKED ABOUT. SO I, IN THIS CASE, I DON'T BELIEVE THAT THEY STAYED TRUE TO THE, TO THE H D R C GUIDELINES. UM, LEMME GO THROUGH THIS REAL QUICK. SO IN ADDITION TO THAT PRINCIPLE NUMBER THREE OF THE H R GUIDELINES FOR EXTERIOR MAINTENANCE AND ALTERATION, THERE IS ALSO THE H D R C GUIDELINES FOR ADDITIONS. THERE IS ALSO PRINCIPLE THREE THERE THAT STATES CONTEMP, EXCUSE ME, CONTEMPORARY INTERPRETATIONS OF TRADITIONAL DESIGNS AND DETAILS MAY BE CONSIDERED. SO CONTEMPORARY INTERPRETATIONS, NEW INTERPRETATIONS OF OLD MAY BE CONSIDERED. THE H D R SIDE GUIDELINES ARE REAL CLEAR ON ALL ON NEW ADDITIONS. IT'S NOT ALL OLD, OLD, OLD, OLD. THEY ALLOW YOU TO USE NEW WITH OLD. WHETHER THAT'S A PREFERENCE OF THE H C R C OR NOT, IT IS WITHIN THE GUIDELINES. SO THE PICTURE WINDOW THAT I'M PROPOSED TO PUT IN THAT BATHROOM IS A CONTEMPORARY INTERPRETATION OF A BAY WINDOW, WHICH HAVE BEEN THROUGH, USED THROUGHOUT TOBIN HILL AND OTHER HISTORIC DISTRICTS IN SAN ANTONIO. THEY'RE VERY COMMON, AND A PICTURE WINDOW IS JUST AN INTERPRETATION OF THAT. IN ADDITION, IT CANNOT BE SEEN FROM THE RIGHT OF WAY. SO IT SHOULD BE CONSIDERED TO BE APPROVED. OKAY, SIR, I I NEED TO ASK YOU A QUESTION. UH, YOU'RE ONLY TALKING ABOUT THE PICTURE WINDOW AND, AND, AND THE, THE TWO WINDOWS 11 AND 13, THOSE ARE THE ONLY ONES IN QUESTION. NO, SIR. OKAY. I JUST WANNA MAKE SURE, BECAUSE I'M, THERE'S TWO ITEMS I AM, UM, PROTESTING HERE. I JUST WANNA MAKE SURE THAT THIS CASE, YES. OKAY. YES. THE FIRST ITEM IS THIS LITTLE REAR EDITION AND WHAT WE'RE DOING THERE, BECAUSE THERE'S SIMPLY NOT ANY WINDOWS TO USE THERE THAT ARE EXISTING. GOT IT. OKAY. SO THAT'S THE FIRST ONE. THANK YOU. THE SECOND ONE IS THE REPLACEMENT, ALL OF ALL EXISTING WINDOWS. OKAY. SO WE'LL GET TO THAT NOW, AND I APPRECIATE YOU CLARIFYING THAT. UM, REAL QUICK, THERE'S A FEW INCONSISTENCIES THAT WERE STATED IN THE ORIGINAL, UM, I GUESS PACKET FOR THIS HEARING. THE WINDOWS I'M PROPOSING TO REPLACE ARE NOT ALUMINUM CLAD WINDOWS. THESE ARE ALL WOOD, 100% WOOD TRADITIONAL STYLE WINDOWS THAT THE O H P HAS APPROVED FOR USE IN NEW CONSTRUCTION. AND THEY HAVE APPROVED FOR USE WHENEVER THERE'S WINDOWS THAT ARE BEYOND REPAIR, THEY'VE BEEN APPROVED FOR REPLACEMENT. SO THESE WINDOWS HAVE BEEN APPROVED. AND WHEN LOOKING AT THEM FROM THE STREET, THERE'S NO WAY TO TELL A DIFFERENCE BETWEEN WHAT'S EXISTING AND THE NEW WINDOWS THAT I PROPOSED. THERE IS NO DIFFERENCE. SO JUST LOOKING AT THEM, WE STILL MAINTAIN THE MAIN GOAL OF THE H C R C, YOU KNOW, THE L H P, TO PRESERVE AND PROTECT THE UNIQUE HISTORIC CHARACTER AND DESIGN FEATURES OF THE HISTORIC DISTRICT. GOING FURTHER THOUGH, JUST JUST GOING PAST LOOKS, THERE ARE, THE MAIN THING ON THE H C R C WINDOW REPLACEMENT GUIDELINES IS THAT REPAIR IS PROPOSED BEFORE REPLACEMENT. IF WINDOWS ARE MORE THAN 50% DAMAGED, THEN THEY WILL ALLOW YOU TO REPLACE. IN THIS CASE, I BELIEVE THAT EVERY WINDOW IS MORE THAN 50% DAMAGED. THE H D R C STAFF MEMBERS THAT WENT OUT THERE AND LOOKED AT THE WINDOWS, THE ONE MEMBER THAT COMMENTED WHEN WE WENT BACK TO THE HEARING SAID, QUOTE, THERE ARE SOME WINDOWS THAT NEED REPLACEMENT, SOME PLURAL, NOT ONE. HE SAID SOME FOR WHATEVER REASON, WHEN THEY VOTED, WHEN THEY GOT TOGETHER AND DISCUSSED AND DISCUSSED DIFFERENT POINTS, THEY NEVER ASKED WHICH WINDOWS NEED TO BE REPAIRED OR REPLACED. EXCUSE ME. AND WHICH WINDOWS WERE GOOD? SO WE DON'T KNOW FROM THE RESULTS OF THE HEARING, WAS IT TWO WINDOWS OR WAS IT 18 WINDOWS? WE DON'T KNOW BECAUSE IT WAS NOT DISCUSSED. UM, [00:45:01] SORRY, I'M GETTING TO MY NOTES. WHEN GOING TO IN THE H D R C GUIDELINES ON REPLACEMENT VERSUS REPAIR, IT DISCUSSES THAT WINDOWS NEED TO BE REPAIRED IF POSSIBLE. SO WHEN LOOKING AT REPAIRING THEM, I CONTACTED 12 DIFFERENT CONTRACTORS WHO SPECIALIZE IN WINDOWS AND ALSO SOME CARPENTERS. OUT OF THOSE 12, I DIDN'T HEAR BACK FROM MOST OF 'EM. THE ONES I DID HEAR BACK FROM SAID THEY WERE TOO BUSY TO EVEN COME LOOK AT THE HOUSE. I ONLY RECEIVED TWO BIDS. SO THIS IS TWO BIDS TO REPLACE. IT'S NOT 22, IT'S 19 EXISTING WINDOWS. SO I GOT ONE BID FROM ARCTIC ARCHITECTURAL.COM, WHO HAS DONE A LOT OF WORK IN THE TOBIN HILL AND OTHER, UM, MONTE VISTA AND OTHER HISTORIC NEIGHBORHOODS. THEIR BID TO REPAIR THE HISTORIC WINDOWS THAT ARE EXISTING WAS $22,000, 800 FOR THE 19 WINDOWS FOR 19. OKAY, 19 WINDOWS 22,800. THAT WAS THE BID OF REPAIR. I RECEIVED A SECOND BID FROM HULL MILLWORK, AND THEY WERE OUT OF FORT WORTH, AND THEY DO JOBS ALL OVER TEXAS. I GAVE THEM PICTURES AND I GAVE THEM DIMENSIONS, AND THEY TOLD ME THE MINIMUM WAS 2000 TO 2,500 PER WINDOW. IF IT NEEDED FULL REPLACEMENT, IT'D BE 3000 TO $3,500 PER WINDOW. IF YOU DO 2000, THE MINIMUM, THEY QUOTED ME PER WINDOW AT 19 WINDOWS. THEIR ESTIMATE IS $38,000. SO I HAVE TO, AND, AND THESE ARE THE BIDS I RECEIVED. I HAVE NOT BEEN ABLE TO FIND ANY LOWER BIDS. AND REAL QUICK, I'VE BEEN DOING CONSTRUCTION FOR 20 YEARS. I'VE CONTACTED MULTIPLE CONTRACTORS. NOBODY ELSE WANTED TO PROVIDE A BID ON THIS OR WERE SPECIALIZED ENOUGH TO DO IT. WHAT, WHAT WAS THE COST TO RE TO PUT IN THE NEW WINDOWS YOU, YOU DESIRE? THANK YOU. SO THE NEW WINDOWS I DESIRE TOTAL COST, ALL MATERIAL, REMOVING THE OLD WINDOWS. AND BY THE WAY, THE OLD WINDOWS WILL NOT END UP IN A LANDFILL. I HAVE A PERSON WHO REBUILT WINDOWS WHO SAID HE WOULD TAKE THEM. AND I ALSO HAVE PICKERS PARADISE WHO SAYS THEY WILL TAKE THEM. THE NEW, THE COST TO REMOVE ALL THE WINDOWS, REFRAME THE OPENINGS, INSTALL AND MATERIALS IS $9,373. INSIDE THE H D R C GUIDELINES, IT DISCUSSES VERY CLEARLY THAT THERE SHALL NOT BE AN UNREASONABLE ECONOMIC HARDSHIP PLACED ON HOMEOWNERS WHEN DOING REPAIRS VERSUS REPLACEMENT OR DEMOLITION OR REBUILDING. WE ARE LOOKING AT 22,838,000 VERSUS 9,373. THIS IS SIGNIFICANT DIFFERENCE. THIS IS NOT JUST 10%, 20%. THIS IS DOUBLE THE COST. THIS IS A SEVERE ECONOMIC HARDSHIP, AND I FEEL LIKE THE H D R C GUIDELINES ARE ADEQUATE HERE AND SHOULD BE CONSIDERED REAL QUICK. THAT'S JUST ONE OF THE ITEMS. THE OTHER ITEM THAT COMES, AND WITH THESE WINDOWS, LET ME FIND MY PART OF THE U D C. SO THE MAIN, THE MAIN U D C SECTION 35 DASH 1 0 2, WHICH IS THE VERY FIRST PARAGRAPH OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF SAN ANTONIO STATES. THE UNIFIED DEVELOPMENT CODE, AS ESTABLISHED IN THIS CHAPTER, HAS BEEN MADE IN ACCORDANCE WITH A COMPREHENSIVE PLAN FOR THE PURPOSE TO PROMOTING HEALTH, SAFETY, MORALS, AND THE GENERAL WELFARE OF THE COMMUNITY. THESE WINDOWS HAVE BEEN TESTED BY A LEAD CERTIFIED COMPANY, LEAD CERTIFIED INSPECTOR IN EVERY SINGLE ONE OF THEM CONTAINS LEAD PAINT, EVERY SINGLE ONE. SO NOW WE'RE TALKING ABOUT THE HEALTH AND SAFETY OF NOT ONLY THE WORKERS WHO ARE GONNA BE WORKING AT THE HOUSE, BUT ALSO THE PEOPLE WHO LIVE IN THE HOUSE, INCLUDING MYSELF, MY GIRLFRIEND, HER YOUNG CHILD, AND HOPEFULLY ANOTHER CHILD IN THE FUTURE. SO LEAD PAINT FOR THOSE WHO AREN'T REAL KNOWLEDGEABLE OF IT, AND A LOT OF PEOPLE AREN'T. I'VE BEEN A REALTOR FOR 20 YEARS, SO I DO KNOW THAT EVERY SINGLE HOUSE THAT'S BUILT BEFORE 1978, AND YOU'VE PROBABLY SEEN THIS WHEN YOU'VE PURCHASED A HOUSE, YOU HAVE TO GET A FORM THAT STATES THERE COULD BE LEAD PAINT IN THE HOUSE. AND IT GIVES YOU GUIDELINES OF WHAT THAT MIGHT DO. REAL QUICK, LEAD PAINT, UM, AFFECTS CHILDREN THE MOST, JUST LOW, MINIMAL LE LEVELS. THIS IS ALL ACCORDING TO THE E P A ENVIRONMENT PROTECTION AGENCY OR FEDERAL AGENCY. LOW LEVELS OF LEAD PAINT AND CHILDREN CAN CAUSE BEHAVIORAL LEARNING PROBLEMS. LOWER IQ AND HYPERACTIVITY SLOWED GROWTH, HEARING PROBLEMS, AND ANEMIA. I WON'T GO INTO THE DETAILS OF EVERYTHING. IT'S ALSO VERY HAZARDOUS TO PREGNANT WOMEN AND VERY HAZARDOUS TO OTHER ADULTS. WHEN I MENTIONED THIS TO THE COMMITTEE, [00:50:01] TWO BOARD MEMBERS JUST KIND OF FLIPPANTLY WE'RE JUST LIKE, OH, IT'S LEAD. JUST PAINT OVER IT. SO ONE OF THE BOARD MEMBERS FLAT OUT STATED, IF YOU WANT TO GET RID OF LEAD, YOU DON'T, YOU, YOU DEFINITELY DON'T WANNA DISTURB IT. YOU CAN PAINT OVER IT AND THEREFORE YOU DON'T HAVE TO WORRY ABOUT THE LEAD. THAT STATEMENT IS IN DIRECT CONFLICT OF E P A GUIDELINES OF HOW TO REMOVE LEAD-BASED PAINT FROM A HOME. YOU DO NOT PAINT OVER LEAD. IF I WERE TO DO WHAT THAT COMMITTEE MEMBER RECOMMENDED, TELL THE NEXT PERSON WHO BOUGHT THAT HOUSE, OH, THERE'S NO LEAD. I PAINTED OVER IT. IF THEY WENT BACK AND SAW THE REPORT THAT I HAVE AND THEN WERE ABLE TO PROVE THE STATEMENTS I MADE, I WOULD'VE BROKEN FEDERAL LAW AND I WOULD BE ARRESTED AND GO TO JAIL. IS LEAD IS LEAD PAINT OR THE PAINTING OF THE HOUSE AS PART OF THIS APPEAL. LEAD PAINT IS IN THESE WINDOWS, BUT WHETHER YOU, WHETHER THEY ARE REPLACED OR WHETHER THEY ARE, UM, REPAIRED, REPAIRED, THEY THE, IT'S ANOTHER REASON THAT MAKES IT DIFFICULT TO REPAIR. NOW, THE QUOTES I GAVE YOU, I DID TELL THEM THAT THERE'S LEAD PAINT AND THEY'RE GONNA COMPLETELY REMOVE AND STRIP, THAT'S HOW YOU REMOVE LEAD PAINT. YOU HAVE TO COMPLETELY REMOVE AND STRIP THE WINDOWS COMPLETELY. WELL, WHAT I, WHAT I JUST WOULD SUGGEST YES, IS, UM, YOU KNOW, THE H C R C THERE, THERE'S A FEW ISSUES AT BAY HERE THAT WE'RE TRYING TO GET TO THE BOTTOM OF. YES. AND AND WE JUST WANT TO BE VERY CONCISE ON THIS, ON THIS, BECAUSE THERE'S GONNA BE QUESTIONS. YES. AND SO MAKE SURE YOU'RE EMPHASIZING THOSE FEW POINTS THAT, THAT ARE IN CONTRAST THAT YOU'RE WANTING US TO, TO DELIBERATE. I AM. AND I APPRECIATE THAT. THANK YOU FOR HELPING ME TO CLARIFY, THE NEW WINDOWS, OBVIOUSLY WILL NOT HAVE LEAD PAINT. IN ADDITION, THIS HOUSE ON THE INSIDE HAS ALREADY BEEN TOTALLY GUTTED. EVERYTHING'S BEEN REMOVED, ALL PAINTED SURFACES, ALL FLOORING, ALL TRIM, UM, ALL SHEET ROCK. SO THERE'S NO PAINTED SURFACE IN THE HOUSE. THE ONLY LEAD PAINT IN THE HOUSE IS ON THE WINDOWS. THE REPORT THAT I HAVE, I'M REQUIRED TO GIVE IT TO EVERY PERSON WHO WORKS ON THE HOUSE. AND I'M REQUIRED TO GIVE IT TO EVERY FUTURE HOMEOWNER BECAUSE I CARE ABOUT THE SAFETY OF MYSELF AND OTHERS. I AM GONNA AB BA AND GET RID OF THIS LEAD PAINT. AFTER I DO THAT, I'M GONNA HAVE A NEW REPORT DONE, WHICH WILL STATE THERE'S NO MORE LEAD PAINT IN THIS HOUSE. I HAVE TO GET THIS DONE. SO THAT'S ONE OTHER ITEM. THE LAST ITEM, WHICH IS SIMILAR TO WHAT I MENTIONED ON THE PICTURE WINDOW IN THE BACK OF THE HOUSE, UM, I STATED IN THE H D R C GUIDELINES FOR EXTERIOR MAINTENANCE AND ALTERATIONS. PRINCIPLE NUMBER THREE, STATES MORE FLEXIBILITY AND TREATMENT OR REPLACEMENT MAY BE CONSIDERED IN LOCATIONS THAT ARE NOT VISIBLE FROM THE PUBLIC RIGHT AWAY. IF YOU LOOK AT THE PICTURES, I DON'T KNOW IF HE'S ABLE TO PULL ANY UP, BUT THE GREAT THING ABOUT THIS HOUSE IS IT HAS RIGHT THERE. THAT'S A GOOD ONE. IT MAY BE HARD TO SEE 'CAUSE THE BLACK AND WHITE, BUT EVERY SINGLE, THERE WE GO. YOU CAN KIND OF SEE THE, THE ARCHITECTURAL DETAILS. IT'S HARD TO SEE FROM THIS PICTURE, BUT EVERY SINGLE WINDOW HAS THE ORIGINAL SCREENS, AND SOME OF 'EM STILL HAVE THE ARCHITECTURAL DETAILS. THERE YOU GO. SEE THOSE ARCHITECTURAL DETAILS RIGHT THERE, THERE, THERE, THERE. SO I'M GONNA BE REBUILDING AND REFURBISHING EVERY SINGLE SCREEN. SO EVERY WINDOW, INCLUDING THE WINDOWS ON FRONT, WILL HAVE THESE OLD AWESOME HISTORIC SCREENS. YOU WON'T EVEN BE ABLE TO SEE THE WINDOW FROM THE STREET. THE WINDOW ITSELF, YOU WON'T SEE, YOU'LL SEE THE SCREENS. SO WHEN I MADE THIS PRESENTATION TO THE H D R C, I BROUGHT UP THESE THREE ITEMS. I BROUGHT UP TO YOU THAT THE WINDOWS CONTAIN LEAD PAINT, LEAD PAINT. THEY'RE NOT SAFE, WHICH CLEARLY IS, I DON'T WANNA CALL IT A VIOLATION, BUT IT CONTRADICTS THE MAIN PURPOSE OF THE U D C. THE EXTERIOR WINDOW FEATURES ARE NOT VISIBLE FROM THE RIGHT OF WAY, AND IT CAUSES AN UNREASONABLE ECONOMIC HARDSHIP. UM, AS I WAS GIVING THIS PRESENTATION TO H C R C, I WAS THE LAST PERSON TO SPEAK THAT DAY. I WAS CUT OFF SEVERAL TIMES AND I COULD TELL, AND THEY EVEN MADE A STATEMENT THAT THEY WERE ABOUT TO LOSE THEIR, IS IT CALLED A QUORUM? WHEN THEY HAVE ENOUGH PEOPLE TO VOTE? THEY SAID FIVE PEOPLE HAD ALREADY LEFT. THEY WERE ABOUT TO LOSE THAT, SO THEY NEEDED TO GET TO A VOTE. UM, THE PERSON WHO WAS ASKING ME MOST OF THE QUESTIONS AFTER SHE CUT ME OFF, I SAID, I HAVEN'T BEEN GIVEN TIME TO PROPERLY GIVE MY PRESENTATION. AND SHE STATED, QUOTE, IF YOU'RE NOT IN AGREEMENT WITH OUR DECISION, YOU CAN PROTEST IT AT A BOARD ADJUSTMENT HEARING. I HAVE OLD WINDOWS THAT HAD LEAD PAINT IN MY HOUSE, AND I PREPARED ALL OF THEM MYSELF. I HAD OLD WINDOWS THAT HAD LEAD PAINT IN MY HOUSE, AND I RE REPAIR ALL OF THEM MYSELF. NOWHERE IN THE H D R C GUIDELINES DOES IT STATE THAT IF COMMITTEE MEMBERS ARE ABLE TO DO SOMETHING THAT, THAT THE GENERAL PUBLIC SHOULD BE REQUIRED TO DO IT AS WELL. L THEY DID NOT DISCUSS [00:55:01] ANY PORTION OF THE H D R C GUIDELINES. WHEN THEY CAME TO TIME TO VOTE, THAT COMMITTEE MEMBER MADE THAT LAST STATEMENT. THEY VOTED AND THEY ALL DENIED IT. OKAY, I'M FINISHED. HOLD ON A SECOND. I APOLOGIZE FOR THE LONG-WINDED NESS. DON'T WORRY. JUST BE ON THE READY. WE'LL HAVE SOME QUESTIONS. I JUST WANNA ASK REAL QUICK IS, UH, STAFF, IS THERE ANY, ANY, UH, COMMENTARY TO READ IN ANYONE'S TIME TO SPEAK? YES, WE HAVE VOICEMAILS TO PLAY. UH, LET'S, LET'S, UH, START WITH THE VOICEMAILS. MY NAME IS FREDERICA KUSHNER. I LIVE AT 4 0 5 8 MER STREET, SEVEN EIGHT TWO ONE TWO. MY PHONE NUMBER IS (210) 223-2814. I'M SPEAKING FOR THE TO HILL COMMUNITY ASSOCIATION ABOUT BOARD OF ADJUSTMENT. ITEM NUMBER TWO, CASE NUMBER 0 1 5 8 AT 6 1 5 EAST EVERGREEN STREET. WE SUPPORT THE OFFICE OF HISTORIC PRESERVATION STAFF RECOMMENDATION FOR DENIAL OF THE CERTIFICATE OF APPROPRIATENESS FOR REPLACING EXISTING HISTORIC BLUE WINDOWS. THE WINDOWS SHOULD AIR NOT REPLACE. AND IN ADDITION, STIPULATION NUMBER ONE FOR SALVAGING THE WOOD WINDOWS REMOVED TO ACCOMMODATE A REAR EDITION. AND NUMBER TWO, FOR REQUIRING THAT WINDOW PLACEMENT AND SIZE ON THE PROPOSED POSITION. MATCH THAT ON THE MAIN STRUCTURE, OUR STANDARD PRACTICE IN THE PELLAND HILL HISTORIC DISTRICT. AND ENTIRELY APPROPRIATE WHEN WORKING WITH THE HISTORIC BUILDING, WE ASK THE BOARD TO DENY THE REQUEST TO OVERTURN THE HIS HRCS DECISION. THANK YOU FOR YOUR CONSIDERATION. ALL RIGHT. MY NAME IS SHELLY ISENBERG. I LIVE AT 6 1 8 EAST EVERGREEN STREET, AND I'M CALLING ABOUT CASE NUMBER D O A DASH 21 DASH 0 3 0 0 1 5 8. AND I WANTED TO LET YOU KNOW THAT I'M IN FAVOR OF, UM, THE REPLACEMENT OF THE WINDOWS ON THE PROPERTY. UM, 6 1 5 EAST EVERGREEN STREET. THANK YOU. YES. MY NAME IS S LUCIO. MY ADDRESS IS SIX 10 EAST PARK AVENUE, SEVEN EIGHT TWO ONE TWO. MY PHONE NUMBER IS (210) 663-9368. AND I'M CALLING IN REFERENCE TO BO 8 2 1 1 0 3 0 0 1 5 8, WHICH IS, UM, A REQUEST TO REPLACE WINDOWS. AND I'M IN FAVOR OF THE HOMEOWNER REPLACING THE WINDOWS. THANK YOU SO MUCH. YOU MAY CALL ME IF YOU HAVE ANY QUESTIONS. THE NUMBER AGAIN IS 2 1 0 6 6 3 9 3 6 8. THIS CONCLUDES VOICEMAILS. ALL RIGHT, THANK YOU. UM, WE ARE GONNA OPEN THIS UP TO COMMISSIONER QUESTIONS. IF, UM, OFFICE OF O H P CAN BE AVAILABLE, I'M SURE THERE'LL BE PLENTY OF QUESTIONS. WHO'D LIKE TO START? COMMISSIONER KAPLAN? GO AHEAD. YES. YEAH, I HAVE A, A COUPLE OF QUESTIONS FOR THE HOMEOWNER. UH, ONE IS, DO YOU HAVE A PICTURE OR PHOTOGRAPH OF WHAT THE REPLACEMENT WINDOWS LOOK LIKE? YOU HAVEN'T SHOWN US THAT I SUBMITTED IT WITH THE, UH, SYSTEM ON. YEP. ON. NO, I CAN'T HEAR YOU. OKAY. I SUBMITTED IT WITH THE ORIGINAL APPLICATION TO THE H D R C. UM, I THINK IF YOU SCROLL THROUGH, I DON'T KNOW IF THESE, IF YOU KEEP GOING, IT'S A LOT OF PICTURES HERE, BUT THERE SHOULD BE THE JELLED WIN. I MEAN, IT EVEN SAYS TRADITIONAL IN THE NAME OF THE STYLE OF THE WINDOWS. THERE SHOULD BE A BROCHURE AND THE DIMENSIONS ARE PROPORTIONATE TO THE DIMENSIONS THAT ARE CURRENTLY THERE. I THINK THE MORE IMPORTANT, IF WE CAN'T FIND A PICTURE, IF YOU ASK RACHEL STAFF MEMBER, I THINK SHE'LL VERIFY THAT THEY, THEY HAVE APPROVED THOSE WINDOWS FOR REPLACEMENT IN THE PAST OR NEW CONSTRUCTION. IT MIGHT BE MORE IMPORTANT. THE OTHER THING TOO, IS ONE OF THE ISSUES, UM, THAT, UM, THEY HAVE SEEMS TO BE RETAINING THE OLD WINDOWS ON THE PROPERTY. IS THERE A REASON YOU CAN'T, YOU SAID, YOU SAID THAT YOU, YOU WOULD TAKE THE WINDOWS OUT. YES. YOU WOULD HAVE THEM REPAIRED BY A COMPANY. YES. BUT YOU DID NOT SAY THAT. YOU'RE GONNA THEN PUT THEM BACK IN ON, ON THE PROPERTY. YOU'RE TALKING ABOUT THE THREE WINDOWS THAT, OR THE WINDOWS THAT IN JUST FOR THE, THE LITTLE ADDITION IN BACK CORRECT. TO REUSE THOSE ARE YOU TELL TALKING IN GENERAL? WELL, IT SAID THAT ACCORDING TO WHAT I WAS READING [01:00:01] FROM THE HISTORIC PRESERVATION, THEY WANT YOU TO TAKE ANY WINDOWS YOU TAKE OUT. THEY WANT YOU TO LEAVE ON THE PROPERTY FOR THE FUTURE. RIGHT. SO YOU DIDN'T TALK ABOUT, YOU DID NOT ADDRESS THAT ISSUE. I, I APOLOGIZE IF I DIDN'T. I THOUGHT I MENTIONED, SO MY IDEA IS TO REPLACE THE WINDOWS, THE EXISTING WINDOWS THAT ARE TO REMOVED AND, AND STORED ON PROPERTY. I PLAN ON GIVING TO EITHER A, A CON CARPENTER WHO'S GONNA REBUILD 'EM AND REUSE 'EM OR GIVE 'EM TO PICKER'S PARADISE WHO WILL REUSE 'EM. NOW AS FAR AS ALL THE WINDOWS HAVE TO STAY ON THE PROPERTY. UH, I MEAN IF, IF, IF THIS IS DENIED, ALL THE WINDOWS MUST OBVIOUSLY THEY'RE GONNA STAY AND THEY'RE GONNA BE USED WHERE THEY ARE. THERE'S NOT ENOUGH WINDOWS TO USE IN THE NEW ADDITION BECAUSE THEY ALL HAVE TO BE REUS. THEY, YOU KNOW, THEY'RE GONNA STAY. SO THAT WAS THE POINT I WAS MAKING THE BEGINNING ABOUT THE WINDOWS AND THE ADDITION ARE GONNA HAVE TO BE NEW BECAUSE THERE AREN'T ENOUGH OLD WINDOWS. THERE'S MORE, THERE'S MORE NEW WINDOWS THAN OLD WINDOWS. BUT I GUESS MY ISSUE IS, SO, SO YOU'VE GOT, YOU'VE GOT BIDS OF 22 8 AND 2000, THE WINDOWS 38,000. YES. UM, SO SOMEBODY IS GOING TO COME IN, THE GUY THAT THE, AND REPAIR THE WINDOWS YES MA'AM. FOR APPARENTLY A LOT LESS THAN $38,000 AND THEN RESELL THEM. SO THAT'S WHAT I'M ASKING. WHY CAN'T, IF THESE WINDOWS CAN BE REPAIRED, WHY CAN'T THIS GUY THAT YOU'RE GIVING THEM TO SELL 'EM BACK TO YOU, ONE OF THEM WAS THE GUY WHO GAVE ME THE BID FOR 22,800. HE'S GONNA SELL 'EM TO SOMEONE ELSE FOR A LOT MORE MONEY. YEAH. YOU KNOW, IF I COULD FIND SOMEONE TO, I, I'VE, I'VE STATED TO THE H D R C AND O H P FROM THE BEGINNING THAT IF I COULD REPAIR THESE WINDOWS AT A REASONABLE COST, I'D BE HAPPY TO DO IT. I'D BE HAPPY TO DO IT. THAT'S NOT REASONABLE. AND I'M NOT JUST GETTING THE TWO HIGHEST BIDS I GOT. THESE ARE THE ONLY TWO BIDS I GOT. AND THIS WAS THREE MONTHS OF ME TRYING TO FIND PEOPLE THAT, THAT COULD REPAIR THESE WINDOWS. OKAY. ANY OTHER QUESTIONS? COMMISSIONER? MANNA, MANNA. SO, UH, MY QUESTION IS, LET'S SEE. UM, LET'S SEE. SO THE, THE WINDOWS THAT YOU STATED THAT YOU WERE PLACING WITH COME DIRECTLY FROM THE LIST THAT H D R C PROVIDED. SO IT'S ACTUALLY ONE OF THE, ONE OF THE RECOMMENDED WINDOWS FOR REPLACEMENT. IS THAT CORRECT? THAT IS CORRECT. OKAY. SO SECOND THING, YOU, YOU'VE KIND OF MENTIONED THAT YOU'VE, YOU'VE DONE THIS BEFORE, YOU'VE DONE MANY HOMES. YES. SO WHAT IS, UM, WHAT IS A TYPICAL COST, WE'LL SAY OVERALL FOR WINDOWS, RE WINDOWS IN A HOME? SO ON A TYPICAL, WHAT, WHAT WOULD BE A TYPICAL COST OF A, OF ALL THE WINDOWS IN ANY, IN ANY GIVEN HOME. SO, WHEN I BUDGET A TYPICAL HOME, IF I'M GONNA REPLACE THE WINDOWS, AND I'M TALKING JUST A STANDARD TO COMPARE APPLES TO APPLES, A 1500 SQUARE FOOT HOME, WHICH IS SIMILAR TO THIS HOUSE, THREE BEDROOM, TWO BATH, $10,000 PERCENTAGE WISE, GIVE A PERCENTAGE BECAUSE, OH GOD, PERCENTAGE OF MY BUDGET. YEAH. THAT WOULD BE, UM, I MEAN, IT REALLY DEPENDS HOW DEEP YOU'RE GOING INTO THE REMODEL, BUT I'D SAY ON THESE DAYS, I MEAN ON THIS RE PERCENTAGE WISE, IF IT WAS $10,000, IT'D BE ANYWHERE FROM EIGHT TO 12% OF YOUR BUDGET. BECAUSE I LOOKED AT THAT ZILLOW. YEAH. THAT, AND, YOU KNOW, ZILLOW IS ZILLOW SURE. WHAT ZILLOW IS, BUT IT SHOWS IT BEING A HUNDRED, A 340,000 HOME. SO, SO POTENTIALLY. AND SO, SO 20 ROUGH MATH, 20 OR 38% BECAME 10 OR 11%. YES. SO, SO, SO, SO THE BID OF THE 38 IS 11% FOR THE WINDOWS. YES. AND, AND CERTAINLY WHEN YOU GO DOWN TO THE NINE, IT'S BECAUSE WE'RE LIKE 5%. SO, SO I GUESS I'M JUST TRYING TO UNDERSTAND, HOW MUCH DO YOU NORMALLY ACCOUNT FOR, LET'S SAY, A HISTORIC HOME REPLACING, YOU KNOW, I GUESS FIXING WINDOWS OR PUTTING BRAND NEW WINDOWS IN? AND SO IT, IT'S, YOU KNOW, I GUESS I'M LOOKING CONFUSED. 'CAUSE YOU SAID YOU, YOU BUDGETED FOR THAT, BUT IT'S, YOU'RE LOOKING FOR A BETTER PRICE. SO, WELL, I MEAN, MY BUDGET WOULD BE $10,000. THE PRICE WE'RE GETTING HERE IS DOUBLE AND TRIPLE THAT, SO I'M NOT SURE IF WE'RE ON THE SAME PAGE. WELL, I GO BACK FOR PERCENTAGE OF THE HOUSE, AND SO THAT, BECAUSE REALLY IT'S KIND OF HARD TO DO, YOU KNOW, IN SOME HOMES YOU'RE EXPECT NICER WINDOWS THAN IN SOME OTHER HOMES. AND SO EXACTLY. IT'S A HARD, IT'S, IT'S, IT'S HARD TO COME UP WITH A PERCENTAGE. RIGHT. BECAUSE WHEN, I MEAN WINDOWS, WINDOWS CAN COST ANYWHERE JUST FROM AN INDIVIDUAL WINDOW, ANYWHERE FROM $200 TO $3,000. OH, ABSOLUTELY. YES. SO IT'S, YOU KNOW, THE NEW CASE, THE CASEMENT WINDOWS THAT ARE REAL NICE AND IRON, I MEAN, THOSE ARE $3,000. RIGHT. OKAY. THANK YOU. COVERED? YES. UH, GO AHEAD, SIR. MAY I ASK AT WHAT POINT YOU DISCOVERED THAT THIS WAS A HISTORIC HOME DAY? I BOUGHT IT, SO I UNDERSTAND THE GUIDELINES. AND, AND REAL QUICK, I'D LIKE TO SAY THAT I'VE DONE WORK ON OTHER HISTORIC HOUSES, UH, AND ALMOST PARKED TERRACE. AND THAT HOUSE NEEDED A LOT OF WORK. AND THE WINDOWS I SAVED, THERE WAS ONE WINDOW I REPLACED THAT COULD NOT BE REPAIRED. UM, THE [01:05:01] OTHER ONES, THEY JUST WEREN'T IN THE CONDITION THAT THESE WINDOWS ARE. THESE WINDOWS HAVE TO BE COMPLETELY REMOVED. ALL THE ROPES AND WEIGHTS HAVE ALL SNAPPED AND BROKE OVER TIME, THOUGH, I THOUGHT SOMEONE CUT 'EM. BUT WHAT THE WINDOW SPECIALIST TOLD ME THAT OVER TIME THEY SNAPPED THE ROPES JUST FROM TIME AND DECAY, EVERY SINGLE WINDOW NEEDS TO BE TAKEN OUT, REMOVED, COMPLETELY SANDED DOWN, COMPLETELY REPAIRED, REBUILT SES, TOP AND BOTTOM, AND THEN, AND THEN PUT BACK IN. THIS IS NOT JUST SANDING A WINDOW AND MAYBE FIXING ONE LITTLE ROPE AND YOU'RE DONE. THIS IS THIS HOUSE. IF YOU LOOK AT SOME OF THE PICTURES OF THOSE WINDOWS, UM, EVERYTHING NEEDS TO BE REDONE BADLY. AND THE ENTIRE HOUSE WAS IN DISREPAIR. OKAY. COMMISSIONER ALBERT, ANY OTHER ADDITIONAL? NO, THANK YOU. UM, YEAH, UH, COMMISSIONER ZUNIGA, UH, I PROMISE MYSELF I WASN'T GOING TO TALK TODAY SINCE THE FIRST TIME I CAME BACK. BUT ANYWAY, UH, WE WE'RE TALKING HERE, THE FIRST ITEM THAT I WANT TO REALLY, I MEAN, HEAR ABOUT AND DISCUSSED BY MOST PARTIES THERE FIRST WE'RE, WE'RE NOT HERE AS AUCTION OR BIDDING ON A JOB OR TELLING YOU HOW TO, WHAT RATE OF PAY TO, TO BUY THE THINGS IN. BUT I AGREE, WE HEAR THIS OVER AND OVER AGAIN. A LOT OF TIMES IN A LOT OF PLACES, UH, WE SHARE HERE, HOW DO WE MAKE THE DECISIONS? IS IT IN MOTIONS OR IT'S A PREFERENCE, I LIKE THIS AND YOU DON'T LIKE THIS, ET CETERA. UH, I MEAN, THIS IS, WAS HEARD AGAIN AND AGAIN AND AGAIN. ANYWAY, SO, AND THEN WE'RE TALKING ABOUT NEW WINDOWS AND OLD WINDOWS. PUT THE OLD ONES IN THE BACK, ET CETERA. WHAT WE HAVE HERE IS INTERPRETATIONS FROM THE OFFICE PERSONNEL HERE, AND, UH, HI, HISTORIC COMMISSION. WE, UH, IF, IF YOU HAVE A QUESTION WE'RE, I DON'T WANNA GET INTO, WELL, WELL, I HAVE A QUESTION. I MEAN, UH, WE GONNA GO THROUGH THIS AND, UH, YOU HAVEN'T SET POINT OF ORDER OR ANYTHING HAVE WITH MR. CHAIRMAN. BUT ANYWAY, HERE, WHAT WE HAVE NOW, I MEAN, I WOULD LIKE FOR BOTH OF, OF YOU, YOU KNOW, TO GO AHEAD AND EXPLAIN WHAT YOU MEAN BY THE EMOTIONS AND, UH, WHAT YOU'RE TALKING ABOUT ON, UH, WHAT YOUR PREFACE IS ON, ON BOTH OF THOSE ORDERS. THANK YOU. OKAY. I THINK, I MEAN, AS I STATED, I UNDERSTAND THAT IT COMES A LOT TO PERSONAL PREFERENCE. THIS IS NOT ABOUT ME WANTING NICE PRETTY WINDOWS. UM, EVERYTHING THAT I'VE DESCRIBED TODAY IS WITHIN THE H D R I GUIDELINES. AND AS I MENTIONED, ALL THE POINTS THAT I BROUGHT UP WHEN I HAD MY HEARING AT THE H T R C, THEY DIDN'T DISCUSS THEM AT ALL. THEY DIDN'T, THEY DIDN'T DISCUSS ONE THING, WHICH IS IN INSIDE THE H D R C GUIDELINES. THEY BASICALLY MADE THEIR DECISION ON THE STATEMENT THAT ONE OF THE COMMITTEE MEMBERS MADE. I REPLACED MY WINDOWS. THEY HAD LEAD PAINT. O OKAY. I, I, I HAVE A QUESTION FOR O H P, IF YOU, I'M GOING SWAP YOU ALL OUT AT THE MIC. YES, SIR. THE MIC THERE FOR A SECOND. OKAY. SO WE HAVE AN APPLICATION HERE THAT'S BEING, UH, CONTESTED, UH, FOR WINDOWS. AND WHAT WE HEARD WAS, UH, HE'S POINTING OUT THAT THERE'S WINDOWS THAT, THAT ARE NOT VIEWABLE FROM THE PUBLIC STREET. HE'S ALSO POINTING OUT THAT, UH, THERE WAS COMMENTARY THAT THERE WAS A PLURALITY OF WINDOWS THAT WERE BEYOND REPAIR, AND THERE WERE SOME THAT WEREN'T. CAN YOU PLEASE TALK ABOUT, UH, THOSE TWO ITEMS? AND WHAT I'M REALLY TRYING TO FIND OUT IS IF THERE ARE SOME WINDOWS, LIKE LET'S SAY HALF THE WINDOWS, UH, ARE BEYOND REPAIR, UH, OR ARE YOU GUYS AGAINST, UH, IS YOUR OFFICE AGAINST, UH, THIS APPLICANT REPLACING A HANDFUL OF THEM AND ONLY REPAIRING SOME OF THEM? I'D LIKE YOU TO SPEAK ON THAT. AND I'D ALSO LIKE YOU TO, TO TALK ABOUT, UH, YOU KNOW, HE'S PROVIDING, UH, A, A ONE BID TO REPAIR, ONE BID TO REPLACE, UH, YOU KNOW, HOW, HOW DOES THE DIFFERENCE IN PRICE COME IN IN YOUR EVALUATION? AND IF THERE'S ANY SORT OF, UM, BENEFIT TO GOING FROM LIKE, LET'S SAY A SINGLE PANE TO SOMETHING THAT'S MORE ENERGY EFFICIENT. GIVE, GIVE ME AN IDEA OF PLEASE INSTRUCT THE BOARD ABOUT HOW Y'ALL LOOK AT THAT. SURE. STAFF CAN CLARIFY. UM, SO REGARDING THE WINDOW REPLACEMENT, UH, THE HISTORIC DESIGN GUIDELINES STATE THAT WINDOW SHOULD NOT BE REPLACED UNLESS THEY'RE DETERIORATED BEYOND REPAIR. SO, UM, THAT'S A PRETTY HIGH THRESHOLD. SO WE ARE LOOKING FOR WINDOWS THAT HAVE EXTREME WOOD ROTT, AS IN YOU CAN PUT YOUR FINGER IN THROUGH THE WOOD, UM, THAT THERE ARE MISSING COMPONENTS OR UNITS, AND ALSO WHERE 50% OR MORE OF THE WINDOWS COMPONENTS ARE, UM, MUST BE RECONSTRUCTED OR, UM, MUST BE REPLACED. AND SO THAT WAS NOT THE CASE WITH THE WINDOWS THAT ARE CURRENTLY EXISTING. UH, THE WINDOW THAT WAS DISCUSSED FOR REPLACEMENT AT THE D R C SITE VISIT AND ALSO AT THE H D R C WAS, UM, THE WINDOW REFERRED TO AS WINDOW 14. UM, THAT [01:10:01] IS IN THE, UM, PACKET THAT YOU HAD UP EARLIER, THE PREVIOUS H D R C APPLICATION. AND THAT WAS A WINDOW WHERE IT WAS CLEAR AN ANIMAL HAD CHEWED ON IT. UM, SO THAT WAS QUITE DETERIORATED, AND IT WAS DISCUSSED AT THE D R C SITE VISIT AND AT THE H D R C THAT IT WOULD BE POSSIBLE TO PERHAPS USE ONE OF THOSE WINDOWS REMOVED FOR THE REAR ADDITION IN PLACE OF WINDOW NUMBER 14. OKAY. UM, SO I'D LIKE TO CLARIFY THAT POINT. UM, AND THEN TO YOUR OTHER QUESTION REGARDING ECONOMIC HARDSHIP. SO STAFF DOESN'T, NOT, DOES NOT TAKE THAT INTO CONSIDERATION, BUT THE H D R C DOES, UM, AND THAT WAS DISCUSSED AT THE H D R C AS WELL. OKAY. AND, AND SO IT'S, IT'S STA IT'S O H P'S POSITION THAT THERE'S ONLY ONE WINDOW THAT'S CONSIDERED BEYOND REPAIR. CORRECT. AND THE APPLICANT HAS SAID THERE WAS A PLURALITY, AND I'M, I'M TRYING TO GET TO THAT DIFFERENCE AND, BUT YOUR, BUT YOUR STANCES THAT THERE WAS ONE. CORRECT. YOU MAY HAVE HEARD SOMETHING DIFFERENT, SO CERTAINLY. OKAY. UM, I HAVE NO FURTHER QUESTIONS. IS THERE ANY OTHER QUESTIONS FROM COMMISSIONERS CONROY? WHO'S THAT? OH, COMMISSIONER CONY. GO AHEAD. SO THIS MAY BE A, A QUESTION FOR STAFF HERE. UM, IT, IT SEEMS LIKE I, I SHARE THE SAME QUESTION AS OUR CHAIR REGARDING JUST HOW MANY OF THESE WINDOWS ARE ACTUALLY BEYOND REPAIR. AND THERE, THERE'S A LOT OF FACTS THAT WERE SITTING HERE BEING ASKED TO WEIGH THAT I DON'T SEE A LOT OF REALLY GOOD EVIDENCE OR, OR TESTIMONY ON. UM, IF WE DENY THE APPEAL TODAY, WHAT HAPPENS? OH, TYPICALLY IT WOULD GO BACK TO THE H D R C OR THEY'D HAVE TO FOLLOW THEIR RECOMMENDATIONS. UH, EDWARD HALL, OFFICE OF HISTORIC PRESERVATION. UH, THERE ARE A NUMBER OF, OF OPTIONS, UH, STAFF WOULD OBVIOUSLY WORK WITH THE APPLICANT. UH, THERE ARE A NUMBER OF WAYS THAT, THAT WE CAN GO AND LOOK AT DIFFERENT WINDOWS. UM, STAFF'S PRIMARY OBJECTIVE, UH, PER THE UDC IS TO ENFORCE THE H DRCS DECISION. UH, SO OBVIOUSLY WE WOULD NEED TO STAY WITHIN THE BOUNDS OF THE H DRCS DECISION. UH, THE APPLICANT CERTAINLY COULD COME BACK TO THE COMMISSION IF THE APPLICANT HAS ADDITIONAL INFORMATION. UH, IF THE APPLICANT HAS ADDITIONAL BIDS FROM CONTRACTORS OR ANY ADDITIONAL, UH, INFORMATION FROM A CARPENTER THAT MAY SHOW THAT A WINDOW IS NOT REPAIRABLE IN THEIR EXPERIENCE, UH, AT THAT POINT, THE APPLICANT CAN GO BACK TO THE H D R C, UH, AND PRESENT THAT ADDITIONAL INFORMATION FOR ADDITIONAL CONSIDERATION. ALL RIGHT. UH, ANY OTHER QUESTIONS? ZUNA, COMMISSIONER ZUNA, WE, WE RECEIVED TESTIMONY AGAIN FROM THE APPLICANT ABOUT THE LAD BEING AN ISSUE WITH THE WINDOWS. WAS THERE ANY DISCUSSION AT THE, UM, MEETING, I GUESS IT'S FOR, FOR KIND OF STAFF, I GUESS, WAS WHAT, WHAT, HOW DO YOU WEIGH THE, THE LEAD IMPACT? AND THEN WAS THERE DISCUSSION AT THE MEETING ABOUT THE LEAD? I MEAN, WE, WE HEARD TESTIMONY ABOUT ONE OF THE, UH, MEMBERS MAKING A STATEMENT UPON KIND OF FLIPPING, BUT I'M ASKING YOUR, UH, UH, SURE. YEAH. SO THIS, UH, REQUEST WAS HEARD AT THE H D R C TWICE. SO IT WAS DISCUSSED AT THE AUGUST H D R C HEARING AND THEN AGAIN AT THE SUBSEQUENT H D R C HEARING. UM, SO MOST OF THE PRESENTATION ON THE LEAD CONCERNS WAS HEARD AT THE AUGUST HEARING, UM, AND THEN WAS HEARD AGAIN AT THE SECOND HEARING. AND THAT'S WHEN THE COMMISSIONERS STATED THAT THEY UNDERSTOOD THE ISSUE AND THE CONCERN AND THEY WANTED TO MOVE FORWARD. OKAY. ANY OTHER QUESTIONS? UH, COMMISSIONER KAPLAN? WELL, THIS IS FOR THE, THE OWNER. UM, MY, MY CONCERN ONLY, AND BELIEVE IT OR NOT, IS REALLY GETTING RID OF THE HISTORICAL WINDOWS. I DON'T THINK THAT THEY SHOULD LEAVE A SITE, EVEN IF YOU'RE NOT GOING, IF YOU, IF YOU REPLACE THEM, BECAUSE IN THE FUTURE, ANOTHER HOMEOWNER MIGHT COME IN WHO REALLY WANTS THE EXACT HISTORICAL ONES, AND THEY WILL REPAIR THEM THEMSELVES. SO IS THERE A REASON YOU CAN'T LEAVE THESE WINDOWS? NOT AT ALL. IF I'M ALLOWED TO REPLACE THESE WINDOWS, OR, YEAH. IF I'M ALLOWED TO REPLACE THESE WINDOWS, I'LL BE HAPPY TO STORE EVERY SINGLE ONE OF THESE WINDOWS IN THE GARAGE, THE NEW GARAGE THAT'S BEEN APPROVED. WE'D BE MORE THAN HAPPY. THERE'S GONNA BE AN ATTIC SPACE UP THERE FOR ITEMS LIKE THIS. OKAY. ONE OF THE ISSUES THAT THIS BOARD HAS IS THAT WE CAN VOTE TO GRANT OR NOT GRANT, WE CAN'T PUT CONDITIONS OR GET INTO THE NITTY GRITTY OF, OF HOW THAT WORKS. I AGREE. UM, SO, YOU KNOW, AS WE MOVE FORWARD AS A BOARD ON THIS, YOU KNOW, IF THIS DOES GET DENIED, THAT'S SOMETHING THAT HE WILL HAVE TO TALK TO O H P AND THE H D R C ABOUT. TRUE. I, THIS IS RECORDED. I'M HAPPY TO, I'M HAPPY TO DO THAT. I'M HAPPY TO MAKE, YOU KNOW, SEND EMAILS TO RACHEL ABOUT THAT TO FOLLOW UP AFTER THIS. OKAY. THANK YOU VERY MUCH. SURE. IS THERE ANY OTHER QUESTIONS? NO. OKAY. ANYONE ELSE? ALL RIGHT. UH, THANK YOU VERY MUCH. YOU'RE WELCOME. UH, WE'RE GONNA GO AHEAD AND GIVE YOU, UH, SIR, WE, IF YOU HAVE, UH, ANYTHING ELSE, CLOSING REMARKS. YOU GOT TWO MINUTES IF YOU WANT TO JUST SAY [01:15:01] ANYTHING. UM, THE ONLY THING THAT I'LL SAY, I MEAN, THIS PROCESS HAS BEEN VERY LONG. AND AS I'VE MENTIONED BEFORE, I'M VERY MUCH IN LINE WITH THE H D R C AND THE O H P AND WHAT THEIR GOAL IS. UM, I APPRECIATE THE HISTORIC PROPERTIES, AND I ENJOY WORKING ON THEM AND PLAN TO DO SO IN THE FUTURE. UM, I CAN TELL YOU THAT IF YOU GO, I DON'T KNOW IF YOU GUYS ARE, WELL, YOU CAN'T TODAY, BUT IF YOU WERE TO GO BACK AND LISTEN TO THE LAST HEARING, YOU WOULD HEAR HOW THE DECISIONS WERE BASED ON PERSONAL PREFERENCE. BOARD MEMBER COMMITTEE MEMBERS SAID THINGS LIKE, I, I'VE DONE THIS, I'VE DONE THAT. BUT NONE OF 'EM WENT TO, EVEN THOUGH RACHEL'S DONE A GOOD JOB OF PRESENTING WHAT THE ACTUAL GUIDELINES ARE, WHEN THEY MADE THEIR DECISION, THEY DIDN'T LOOK AT 'EM, THEY DIDN'T DISCUSS THEM. THERE WASN'T ONE DISCUSSION OF ANYTHING THAT'S CONTAINED WITHIN THE H D R C GUIDELINES. IT WAS BASED ON THEIR PERSONAL OPINION. IN CONJUN, IN CONJUNCTURE. UM, THAT ONE COMMITTEE MEMBER DID MAKE A COMMENT ABOUT PAINTING OVER LEAD BASED WINDOWS, IF YOU WANNA GET RID OF LEAD PAINT, AND THAT'S, THAT'S NOT CORRECT. SO ANYWAY, MY WHOLE POINT, THIS HAS TAKEN THREE MONTHS EVERY MONTH THAT I HAVE TO GO THROUGH THIS COSTS ME $2,000. SO THIS HAS BEEN WHAT I FEEL IS A BENEFICIAL USE OF MY TIME. BUT I CAME HERE BECAUSE IT'S IMPORTANT FOR ME TO DO THINGS RIGHT, AND I CANNOT MYSELF PAY THE PRICE THEY'RE ASKING ME TO PAY TO REPAIR THESE WINDOWS. SO I DON'T KNOW WHAT MY NEXT STEP WOULD BE AFTER THIS. 'CAUSE I CAN'T PAY THAT PRICE. AND I'M NOT ALSO GONNA BE, IT, IT STATES IN THE H R C GUIDELINES THAT HOMEOWNERS ARE NOT REQUIRED TO DO REPAIRS THEMSELVES. IT STATES IT VERY CLEARLY, I'M NOT GONNA DO IT. I'VE BEEN REMODELING HOUSES FOR 20 YEARS. I LEARNED ON THE FIRST HOUSE I DID. YOU DON'T WANT TO DO WORK YOURSELF. IT TAKES MUCH LONGER. AND IF YOU'RE NOT A SPECIALIST AND YOU'RE NOT A PROFESSIONAL, YOU DON'T DO AS GOOD A JOB. SO ALL I CAN SAY IS THAT WHEN I PRESENTED EVERYTHING TO H C R C, I DID EVERYTHING BASED ON GUIDELINES, WHAT I BELIEVE WERE WITHIN THE GUIDELINES. WHEN THEY MADE THEIR DECISION, THEY DID NOT DISCUSS GUIDELINES. OKAY. THANK YOU VERY MUCH. THANK YOU SO MUCH. YOU HAD A COMMENT? I I, I JUST, THIS IS JUST A, A TECHNICAL THING FOR, FOR YOU. YES. UH, NOW IF WE'RE MAKING A MOTION YES. WE'RE OPENING THIS UP FOR A MOTION FOR A COMMISSIONER, LIKE TO MAKE A MO AND IT'LL EITHER BE FOR BEFORE, BEFORE I, UH, 'CAUSE I DON'T, BECAUSE I WANT MY VOTE TO BE ACCURATE WHEN I VOTE. OKAY. AND I ACTUALLY HAVE NO PROBLEM WITH REPLACEMENT, BUT I DO WANNA MAKE SURE THAT THE OLD WINDOWS YEAH, WE, WE CAN, CAN'T GET INTO THAT. SO DOES THAT MEAN I NEED TO VOTE AGAINST, AGAINST, YOU NEED TO, YOU'RE EITHER VOTING, UH, TO GRANT AN APPEAL OR TO NOT. IF THE APPEAL DOES NOT GO THROUGH, THEN IT GOES BACK, THE PROCESS GOES BACK AND HE HAS TO, AND HE'S WELCOME TO COME BACK HERE. IF, IF HE TRIES TO NEGOTIATE SOMETHING ELSE, UH, BASED ON WHAT HE HEARD WITH THIS BOARD, HE CERTAINLY CAN BACK COME BACK. AND SO RIGHT NOW THAT THE APPEAL IS, IS THAT IF WE VOTE FOR IT, IT MEANS THAT HE GETS RID OF THE WINDOWS. IF YOU VOTE FOR THE APPEAL, THAT MEANS HE CAN MOVE FORWARD WITH HIS PROJECT AND REPLACE THE WINDOWS. AND SO I'M LOOKING FOR A MOTION FROM A COMMISSIONER TEAL COMMISSIONER TEAL, REGARDING CASE NUMBER BO O A DASH 21 0 3 0 0 1 5 8. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT AN APPEAL TO AN ADMINISTRATIVE OFFICIAL O H P DECISION, SITUATED AT 6 1 5 EAST EVERGREEN STREET, APPLICANT BEING JOSEPH CALDERONE INTO MOTION. IS THERE A SECOND? SECOND. COMMISSIONER UNA SECOND. COMMISSIONER THIEL, PLEASE LEAVE THE DISCUSSION. YES. UH, NOW SOMEBODY'S GONE THROUGH THIS PROCESS MANY, MANY TIMES AND RENOVATED MANY, MANY, MANY WOOD WINDOWS, INCLUDING IN MY PERSONAL HOME. UH, I'M VERY SENSITIVE TO THIS, ESPECIALLY PROJECT COSTS AS, AS WELL. UM, I THINK THE PROPOSED WOOD WINDOW REPLACEMENTS, UH, DO MEET THE HISTORIC GUIDELINES, IN MY OPINION. UH, AND ALSO THE MAJORITY OF THESE WINDOWS ARE NOT VISIBLE FOR THE STREET. SO I'LL BE IN SUPPORT OF THE MOTION AS READ. COMMISSIONER ZUNA? YES. SO, I'M SORRY. THE APPROVED WINDOWS DO MEET THE HISTORIC GUIDELINES, AND THAT'S IMPORTANT TO ME. ALSO, THE FINANCIAL BURDEN TO ME WAS NOT CONSIDERED WITHIN THE ORIGINAL, UM, WITHIN THE HISTORIC, WITHIN THE REVIEW. AND THEN, YOU KNOW, THE, THE MATHEMATICS HERE OF TRYING TO REPLACE WINDOWS WHERE THERE'S NOT ENOUGH WINDOWS TO REPLACE. I MEAN, TO ME, THIS ALL IS KINDA THE REASON. AND THEN THE APPLICANT IS GOING THROUGH THE APPEAL PROCESS BECAUSE HE'S SEEKING SOME, YOU KNOW, RELIEF HERE FOR, FOR THESE ISSUES THAT HE BROUGHT UP. SO FOR ALL THOSE REASONS, I MEAN, I'M, I'M GONNA BE IN SUPPORT OF THE, OF THE VARIANCE YOU'VE GIVEN. THANK YOU. IS THERE ANYONE ELSE? CONROY, UH, COMMISSIONER CONROY ? SO I RESPECTFULLY DISAGREE WITH, WITH MY COLLEAGUES THAT HAVE SPOKEN SO FAR. I AM NOT GOING TO BE IN, IN SUPPORT OF GRANTING THIS APPEAL. UM, COUPLE OF REASONS. UH, FIRST REASON IS I, I FEEL LIKE, UM, WITH THE BURDEN ON THE APPELLANTS HERE TO SHOW US, UM, HIS CASE, UH, ALL I HAVE IN THE RECORD IS, UH, A, A REQUEST TO REPLACE 22 WINDOWS AND A SPECIFICATION THAT THOSE WINDOWS IN WRITING COULD BE ALUMINUM CLAD. I FEEL LIKE [01:20:01] I DON'T KNOW WHAT'S GOING TO HAPPEN IF I SUPPORT THIS. AND IT'S WHAT IT SAYS IN WRITING, ALUMINUM IS ALL OVER THE DOCUMENTS. UM, THE, UH, THE OTHER THING IS, AGAIN, I REALLY NEED TO SEE EVIDENCE OF HOW MANY, UM, I DON'T SEE THAT, UH, I THINK THE PROCESS WOULD BE FAR BETTER SERVED BY, UH, THE APPLICANT WORKING TOGETHER WITH H D R C, EXCUSE ME, WITH O H P STAFF AND COMING UP WITH SOMETHING WITH A LITTLE BIT MORE DEFINITION SO WE CAN ENSURE THAT PRESERVABLE WINDOWS ARE PRESERVED. THANK YOU. IS THERE ANYONE ELSE? ALBERT? COMMISSIONER ALBERT? YEAH, I WON'T BE ABLE TO SUPPORT THE APPEAL. UH, I DO SUPPORT O H P AND HT R C I THINK THAT O H P'S DECISION WAS SPOT ON AND, UH, THAT THEY WERE WITHIN THEIR JURISDICTION TO INTERPRET THE GUIDELINES LIKE THIS. OKAY. THANK YOU. ANYONE ELSE? COMMISSIONER KAPLAN? YEAH. UH, I, AS IS, I CANNOT SUPPORT THE, UH, THE, UH, EITHER BECAUSE, UH, I FEEL THAT WINDOWS ARE A PIECE OF HISTORY. THEY DO NEED TO BE RE RESTORED, REPAIRED, OR NOT REPAIRED. THEY NEED TO BE STORED ON THE PROPERTY AS THE OFFICE OF HISTORIC PRESERVATION. OKAY. ANYONE ELSE? UH, I'M GONNA CHIME IN. UH, I'M IN SUPPORT OF THE APPEAL, UH, FOR A FEW REASONS. NUMBER ONE, THAT THEY'RE NOT VIEWABLE FROM THE STREET. AND NUMBER TWO, THE WINDOWS HE'S PROPOSING TO USE ARE CONSIDERED ACCEPTABLE, UH, BY THE H G R C IN OTHER CASES. SO I, THAT, THAT, THAT WAS FINE WITH ME. UH, I DO HAVE A POINT OF CLARIFICATION. I WANT TO HAVE TO THE MOTION. UH, SO A VOTE, UH, TO, FOR THE APPEAL IS, IS, IS DOES THAT MEAN THAT THE APPLICANT IS ALLOWED TO, UH, INSTALL ANY WINDOW THEY WANT? OR DO THEY HAVE TO USE AN HD OR, UH, AN AN O H P APPROVED WINDOW? I JUST WANNA MAKE SURE THAT EVERYONE'S CLEAR ON THAT. FINDING A FACT SHOWED HIS EDWARD, RIGHT? YEAH. LIKE HE CAN'T, HE WOULD HAVE TO USE THE ONE THAT HE'S SUGGESTING TO USE THAT YOU HAVE PREVIOUSLY APPROVED. LIKE YOU COULD NOT JUST PUT ANY WINDOW HE WANTED IN THERE. CORRECT. IF SO, I, I, I GUESS I'LL EXPLAIN IT A LITTLE BIT BETTER. UM, SO IF THE APPLICANT, UH, WERE TO COME BACK TO THE COMMISSION WITH THE REQUEST TO REPLACEMENT, IF THE APPEAL WAS GRANTED, COULD HE PUT ANY WINDOW HE WANTED OR DOES HE HAVE TO USE THE ONE THAT HES HE SUBMITTED TO YOU TO USE? HE WOULD NEED TO USE THE WINDOW THAT WAS SUBMITTED. OKAY. UM, THAT'S THE BASIS OF THE APPLICATION. AND, AND THAT WINDOW MEETS THE HISTORIC, MEETS YOUR GUIDELINES THAT, THAT WOULD BE ACCEPTABLE FOR ANY OTHER REPORT? A WINDOW, A WINDOW THAT MEETS OUR GUIDELINES WOULD BE AN APPROPRIATE WINDOW TO INSTALL. OKAY. I JUST WANTED TO MAKE SURE WE'RE CLEAR AND MAKE SURE EVERYONE KNOWS, UM, THEY HAVE THAT IN THE BACK OF THEIR MIND AS, AS THEY'RE DECIDING WHAT TO DO. YES. I, I HAD ANOTHER QUESTION FOR EDWARD. YES, SIR. COMMISSIONER ALBERT. SO THE WINDOW THAT THAT'S IN THIS PACKAGE IS, HAS BEEN APPROVED BY O H P AS A REPLACEMENT. I BELIEVE THE WINDOW THAT'S IN THE PACKAGE IS A JELLED ONE W 2,500. UM, THAT WINDOW HAS BEEN APPROVED MANY TIMES IN NEW CONSTRUCTION. IT'S ALSO BEEN APPROVED MANY TIMES IN REAR ADDITIONS. AS FAR AS THE ACTUAL REPLACEMENT, UH, AS FAR AS THE ACTUAL REPLACEMENT OF AN ORIGINAL WOOD WINDOW WITH THAT WOOD WINDOW, UH, I DO NOT REMEMBER OFF THE TOP OF MY HEAD. STAFF'S RECOMMENDATION IS CONSISTENTLY FOR WOOD WINDOWS TO BE REPAIRED. UH, IF A WOOD WINDOW IS BEYOND REPAIR, STAFF RECOMMENDS THAT A SASH BE FABRICATED TO MATCH THE ORIGINAL. UH, SO, UM, UH, MANUFACTURED SPEC WOOD WINDOW WOULD NOT BE CONSISTENT. AND WAS IT PART OF THE, WAS IT PART OF THE A I I JUST DON'T WANNA GET INTO IT. DELIBERATE. IS IT, IS IT, WAS IT PART OF THE APPLICATION THAT, THAT THE APPLICANT WOULD, WOULD GIVE THE WINDOW TO SOMEONE WHO WOULD REUSE IT SOMEWHERE ELSE? IS THAT INCLUDED IN THIS APPLICATION OR IS THAT JUST I I, OUTSIDE OF THE PURVIEW? I THINK THAT'S OUTSIDE. OKAY. THANK YOU. UM, I DIDN'T WANT TO TURN THIS BACK INTO QUESTIONS. I JUST WANTED TO MAKE SURE THAT WE'RE CLEAR ON WHAT, WHAT THE VOTE MEANT. UH, IS THERE ANY POINTS OF CLARIFICATION, NICK, ANYONE ELSE WOULD LIKE TO HAVE? CAN I ASK A QUESTION, MR. CHAIRMAN? YES. WELL, UH, WHAT? IT CAN BE A POINT OF CLARIFICATION FOR THE MOTION. UH, UH, YES. YES. OH, YES, SIR. OKAY. THROUGH THE PROCESS THAT YOU HAVE JUST STATED, UH, IS THERE A COMMITTEE THAT GOES OUT AND LOOK AT THE PROPERTY? THEY, UH, YOU KNOW, LIKE THE WINDOWS THAT YOU WERE TALKING ABOUT, AND, UH, IT'S A STAFF MEMBER? CORRECT. SO, UM, STAFF DID GO AND LOOK AT THE WINDOWS ON OUR OWN PRIOR TO THE FIRST H D R C HEARING IN AUGUST AT THE H D R C HEARING. IN AUGUST, THE REQUEST WAS DEFERRED TO A DESIGN REVIEW COMMITTEE, WHICH IS A SUBCOMMITTEE OF THE H D R C. AND SO THEN A, UH, COMMISSIONER, THE CHAIR OF THE H D R C A MEMBER REPRESENTING THE CONSERVATION SOCIETY OF SAN ANTONIO AND STAFF ALL WENT TO COMPLETE THE D R C SITE VISIT AND ASSESS THE CONDITION OF THE WINDOWS IN ADDITION TO OTHER ITEMS THAT WERE REQUESTED ON THAT SAME, UM, APPLICATION. OKAY? YEAH. SO, SO, [01:25:01] UH, IT'S A COMMITTEE, MA'AM. IT'S NOT THE WHOLE BOARD THAT GOES. IT IS NOT, IT'S A COMMITTEE. IT'S A SUBCOMMITTEE OF THE H D R C. YEAH. RIGHT. THANK YOU. SO WE HAVE A MOTION ON THE TABLE AND A SECOND, UM, IF THERE'S NO OTHER POINTS OF CLARIFICATION, STAFF, PLEASE TAKE A ROLL CALL MS. KAPLAN. I DO NOT CONCUR. MR. ALBERT. WILL STAFF CLARIFY THE VOTE, UH, NOT CONCUR VERSUS CONCUR? YES. UH, A VOTE TO CONCUR IS A VOTE TO GRANT THE APPEAL TO THE APPLICANT. UH, IF YOU'RE IN, IF YOU VOTE TO NOT CONCUR OR VOTE NO, YOU'RE, UH, VOTING TO DENY THE APPEAL. SO THANK YOU. I DO NOT CONCUR, MR. CONROY. I DO NOT CONCUR. MR. VASQUEZ. I DO NOT CONCUR. MR. MANNA. I DO NOT CONCUR. MS. LIND? I DO NOT CONCUR. MR. ZUNIGA. I CONCUR. MS. MEESE? I CONCUR. MR. THIEL? YES, I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN AND I ALSO CONCUR. THE VOTE IS, UH, MOTION FAILS. THE VOTE IS SIX TO FIVE. UH, THE APPLICANT, IF YOU COULD PLEASE GET WITH STAFF, THEY'LL EXPLAIN, OH, HE ALREADY LEFT. OKAY. IF YOU COULD PLEASE REACH OUT TO HIM AND INFORM HIM OF WHAT, UH, HE NEEDS TO DO NEXT, THAT'D BE WONDERFUL. THANK YOU. ALL RIGHT, NEXT CASE PLEASE. NEXT CASE, UH, [3. BOA-21-10300144] BO. 8 21 DASH 1 0 3 0 0 1 4 4. AGENDA ITEM NUMBER THREE. UH, ADDRESS IS 1 0 3 CROMWELL DRIVE, CITY COUNCIL'S DISTRICT NUMBER SEVEN. APPLICANT IS A ADRIAN BUCK. UH, REQUEST IS FOR A VARIANCE FROM THE N C D SEVEN JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS TO ALLOW A NON-DISCREET SOLAR PANEL ON THE FRONT FACING ROOF OF A PRIMARY STRUCTURE RESIDENTIAL SINGLE FAMILY SUBJECT PROPERTY IS LOCATED AT THE CORNER OF CUOMO DRIVE AND WILSON BOULEVARD. THERE IS AN EXISTING SINGLE FAMILY RESIDENCE ON THE PROPERTY. PROPERTY IS LOCATED WITHIN THE J JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT. THE APPLICANT IS PROPOSING TO INSTALL TRADITIONAL NON-DISCREET SOLAR PANELS ON THE EXISTING ROOF, WHICH IS VISIBLE FROM THE STREET SIDE. ACCORDING TO THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT, NON-REFLECTIVE SOLAR SHINGLES AND OR DISCREET MATERIAL SHALL MATCH OR BLEND WITH THE CHARACTER OF THE EXISTING ROOF OR STRUCTURE SITE PLAN, SUBJECT, PROPERTY SURROUNDING AREA. RECOMMENDATION STAFF IS RECOMMENDING DENIAL AND BO O A 21 1 0 3 0 0 1 4 4 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REQUESTED VARIANCE IS NOT IN ACCORDANCE WITH THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS. UH, 25 NOTICES WERE MAILED OUT, ZERO IN FAVOR, ZERO IN OPPOSITION. THERE WAS NO RESPONSE FROM THE JEFFERSON NEIGHBORHOOD ASSOCIATION. AND WE DO HAVE A VOICEMAIL FROM THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION. UH, THERE WAS ALSO ONE OPPOSITION COMING OUTSIDE. 200 SQUARE FOOT RADIUS. OKAY. CHAIR, IF I MAY, YES, JUST A LITTLE BIT OF COMMENT ON THIS ONE. UM, DUE TO, UH, A COUPLE OF, UH, TECHNICAL ERRORS RELATED TO, UH, THE G I S MAPPING SYSTEM, VOICEMAIL ISSUES, UM, THE NEIGHBORHOOD ASSOCIATIONS WEREN'T, UH, SENT THE NOTE, THE COURTESY NOTICE, UH, REGARDING THE CASE. AND, UH, BECAUSE OF THE VOICEMAIL ISSUES, NO ONE WAS ABLE TO LEAVE A MESSAGE TO ASK QUITE A MESSAGE TO ASK QUESTIONS. AND SO WE ARE GOING TO RECOMMEND A CONTINUANCE UNTIL DECEMBER 2ND. UM, AND THAT WILL, WILL ALSO PLAY THE, I'M SORRY, DECEMBER 6TH, SIX. UM, AND THAT WILL ALLOW THE, UH, NEIGHBORHOOD TO MEET WITH THE APPLICANT, UH, BECAUSE THEY DO HAVE, UM, SOME QUESTIONS AND WILL ALLOW THEM TO, TO TALK THAT, THAT OUT. BUT WE DO HAVE THE VOICEMAIL FROM THE NEIGHBORHOOD THAT WE'D LIKE TO PLAY AS WELL, BUT THE APPLICANT AND THE CONTRACTOR IS HERE TOO. GREAT. IF YOU'RE DONE, WE CAN PLAY THE VOICEMAIL AND THEN WE WILL HAVE THE APPLICANT COME UP. GOOD MORNING. THANK YOU FOR THE OPPORTUNITY TO COMMENT. THIS IS REGARDING CASE NUMBER BO A 21 DASH 0 3 0 1 4 4 FOR ADDRESS OF PROPERTY LOCATED AT 1 0 3 CONWELL AND THE CITY OF CITY COUNCIL DISTRICT, [01:30:02] BIANCA ALDO. I'M CALLING ON BEHALF OF DREA GARZA, PRESIDENT OF THE ELLO PARK BAKER ASSOCIATION, AND ITS BOARD OF DIRECTORS TO REQUEST THAT THE BOARD OF ADJUSTMENT CONTINUES THIS CASE BECAUSE THE CITY OF SAN ANTONIO ZONING BOARD OF ADJUSTMENT STAFF DID NOT PROPERLY NOTIFY THE RE, UH, REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET OF 1 0 3 CROMWELL. THERE ARE TWO NEIGHBORHOOD ASSOCIATIONS LOCATED WITHIN THE 200 FOOT NOTIFICATION FOR THIS CASE AND NOT EVEN RECEIVED A NOTIFICATION. ACCORDING TO THE CASE MANAGER, WHEN I SPOKE WITH HIM THIS MORNING, NOTIFICATION WAS ONLY RECEIVED WHEN IT WAS POSTED ON THE CITY'S NOTIFICATION, UH, BOARD. OVER THE WEEKEND, ELLO PARKS NEIGHBORHOOD ASSOCIATION WAS APPROACHED BY TWO RESIDENTS WITHIN THE 200 FOOT RADIUS AND ATTEMPTED TO CALL THE CASE LAST WEEK AND WAS, WERE UNABLE TO LEAVE A MESSAGE, AND THERE WAS NO OUTGOING MESSAGE FROM THE CASE MANAGER INDICATING THAT HE WAS ON VACATION. I CONFIRMED HIS INFORMATION THIS MORNING BY SPEAKING WITH THE CASE MANAGER WHO STATED, YES, HE WAS OUT OF TOWN LAST WEEK ON VACATION. UM, THIS IS NOT ENGENDER TRUST WITH THE COMMUNITY TO ENGAGE ON ZONING CASES, A FIRST BOARD OF ADJUSTMENT, UM, AND ALSO GAIN ADDITIONAL INFORMATION IN THIS PARTICULAR CASE, WHICH IS ABOUT A VARIANCE FOR THE NEIGHBORHOOD CONSERVATION DISTRICT GUIDELINES, WHEN PEOPLE HAD FUNDAMENTAL QUESTIONS ABOUT WHAT THE CASE WAS ABOUT. AND THEY WERE UNABLE TO SPEAK WITH THE CASE MANAGER NOR OBTAIN ADDITIONAL INFORMATION IN A TIMELY FASHION. AT THIS POINT N REQUEST THAT THE CASE BE, AND THAT THE CITY NOTIFY EVERY ENTITY WITHIN THE 200 FOOT ZONE AS CODIFIED BY THE UNIFIED DEVELOPMENT CODE TO ENSURE PROPER PUBLIC ENGAGEMENT, UM, IT DOES OCCUR. ADDRESS PARK OFFICE BOX 1 0 0 3 1 5 7 8 2 0 1. APPRECIATE THE OPPORTUNITY TO PROVIDE COMMENTS, AND THE CLARK NAME ASSOCIATION IS REGISTERED WITH THE CITY OF STATE, ANTONIO. WE LOOK FORWARD TO RECEIVING NOTIFICATION ABOUT THE RESET OF THIS CASE. THANK YOU VERY MUCH. BYE-BYE. ALL RIGHT. UH, IS THE APPLICANT PRESENT? PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. UH, MY NAME IS BRIAN MARLEY. I'M THE REPRESENTATIVE OF, UH, FREEDOM SOLAR. I'M AN ENERGY CONSULTANT. I MET WITH, UH, MR. TERRY AND HIS WIFE ON, WE STARTED OUT THIS PROJECT. CAN YOU PUT, UH, THE, THE MICROPHONE? OH, YOU HAVE TO HIT THE BUTTON. OH, HIT AM I, AM I GOOD HERE? GOOD. YEAH, WE NEED, IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS, BECAUSE WE CAN'T, WE'RE NOT RECORDING IT UNLESS IT OKAY. UH, MY NAME IS, WELL ACTUALLY, WELL, TERRY. TERRY, WHY DON'T YOU COME ON UP HERE. WELL, YEAH, IF YOU'RE SPEAKING, WE NEED TO HEAR YOUR NAME AND ADDRESS. OKAY. AND THEN, AND WHEN HE SPEAKS, HE CAN STATE HIS NAME AND ADDRESS. OKAY. UH, MY, MY COMPANY ADDRESS OR MY, WHICHEVER ONE YOU LIKE. OKAY. ALRIGHT. HOLD ON JUST ONE SECOND. I'LL GIVE YOU MY OFFICIAL COMPANY ADDRESS. THERE WE GO. MY NAME IS BRIAN MARLEY. UH, THE ADDRESS, UH, OF MY COMPANY IS 1 2 8 6 1 OH WETMORE ROAD, SAN ANTONIO, TEXAS 7 8 2 4 7. THANK YOU. NOW, WE'VE, WE'VE, UH, UNDERSTAND THAT THERE'S A, UH, POTENTIAL CONTINUANCE REQUEST ON THIS. AND, UH, SO YOU, YOU CAN EITHER GO THROUGH YOUR PRESENTATION OR YOU CAN, WE CAN DEAL WITH THIS ON THE 6TH OF DECEMBER. UH, BUT IF THERE'S ANY, UH, ANYTHING YOU WOULD LIKE TO STATE OR, OR, YOU KNOW, BRING UP OR YOU KNOW, PLEASE PROCEED. SURE, ABSOLUTELY. I WOULD, I WOULD LIKE TO ACTUALLY HAVE IT NOT GET THE CONTINUANCE. I MET WITH, UH, TERRY AND HIS FAMILY AND HIS WIFE, JENNIFER, ON JULY 6TH. THE REASON THAT THEY REACHED OUT TO MY COMPANY IS WE SPECIALIZE IN DOING SOLAR AND BATTERY BACKUP SOLUTIONS. THEIR FAMILY WERE DR, UH, DRAMATICALLY AFFECTED DURING THAT LAST STORM, DURING THAT STORM THAT WE, A LOT OF US KNOW, OVER A HUNDRED DIFFERENT FAMILIES. PEOPLE PERISHED DURING THAT STORM. THEY HAVE, UH, TWO CHILDREN. ONE OF THEM HAS SPECIAL NEEDS. UH, THEY DID, THEY DID EVERYTHING THAT THEY NEEDED TO. THEY STARTED OUT THE PROJECT EARLY. THEY KNEW THAT THE STORM WAS GONNA POTENTIALLY BE COMING. SO WE, WE STARTED, WE, UH, COMMITTED THIS CONTRACT IN JULY. WE'VE HAD A NUMBER OF DIFFERENT, UH, CONTINUANCES AND KIND OF PROBLEMS. AND NOW WE'RE KIND OF REALLY GETTING UP TO OUR DEADLINE OF WHAT WE NEED TO DO TO ACTUALLY GET THIS PROJECT INSTALLED. THIS PROJECT WILL DRAMATICALLY KIND OF, THERE'S A NUMBER OF DIFFERENT KIND OF INCONSISTENCIES, WHICH I'VE KIND OF CONCEDED WITHIN THE NEIGHBORHOOD. THERE'S A COUPLE DIFFERENT HOMES, UM, WITHIN THE NEIGHBORHOOD THAT ACTUALLY HAVE SOLAR. THERE'S A NUMBER, LIKE ON THE ZONE MAP NUMBER 42 HAD SOLAR, AND THERE'S [01:35:01] ANOTHER ONE A LITTLE BIT OVER TO THE LEFT. BUT NUMBER 42 HAD SOLAR ON JULY, NUMBER ON SEPTEMBER 28TH. THAT ONE HAD THERE. WHAT THIS PROJECT IS ALSO, IT'S KIND OF A HARM SHIP FOR THEIR FAMILIES. BOTH THESE, UH, BOTH THESE MEMBERS ARE NURSES AND A GREAT STEWARDS OF OUR COMMUNITY, BUT THERE'S ALSO SOME FEDERAL TAX CREDITS THAT NEED TO BE, IF WE KIND OF PUSH THIS OFF, WE'RE NOT GONNA BE ABLE TO MEET OUR INSTALLATION DEADLINES, WHICH IS GONNA DRASTICALLY HURT THEIR FAMILY. AND ALSO, THERE'S ALSO SOME FUNDING. WE HAVE A CERTAIN FUNDING WINDOWS FOR THESE PROJECTS THAT NEED TO BE KIND OF MET. AND WE'RE STARTING TO REACH, REACH THESE THRESHOLDS OF KIND OF PUTTING THEM THAT THE RATES COULD POTENTIALLY GO UP OR COULD AFFECT THEM NEGATIVELY. UM, THAT'S PRETTY MUCH MY, PRETTY MUCH A GENERAL, GENERAL SUMMARY. I HAVE INFORMATION ABOUT THE, THE PER, WE HAVE A POLL, A AURORA SHADE REPORT. AURORA SHADE REPORT IS A REPORT THAT KIND OF SHOWS YOU THAT THE BEST WAY TO PUT SOLAR IS FACING ITSELF FACING TO GET THE MAXIMUM AMOUNT OF PRODUCTION. NOW, THIS ISN'T JUST A, A PROJECT ABOUT SAVING MONEY, ABOUT ENERGY EFFICIENCY. I ALSO HAVE TO LOOK AS AN ENERGY CONSULTANT, I HAVE TO LOOK AT THE PERFORMANCE OF WHAT, HOW MUCH SOLAR'S COMING IN, AND THEN HOW MUCH IT'S GONNA BE ABLE TO CHARGE THEIR BATTERY. THIS PROJECT, IF WE HAD TO PUT IT ON, UH, THE NORTH SIDE OF THE HOUSE, WOULD DRAMATICALLY KIND OF REDUCE THE EFFICIENCY OF BEING ABLE TO RECHARGE A POWER OF THE BATTERY DURING A GRID DOWN SCENARIO. SO I WOULD RECOMMEND THAT WE DO APPROVE THIS PROJECT AND KIND OF PUT THEM THERE. THESE ARE VERY SLEEK, NON-REFLECTIVE PANELS. BUT LET'S SEE. YEAH, I MEAN, WE HAVE ALL THE KIND OF DOCUMENTATION OF, AND KIND OF DESIGNS THAT WE'VE ALREADY SUBMITTED TO THE COMMITTEE. I DON'T NORMALLY MEET WITH THE BOARDS LIKE THIS. I'M AN ENERGY CONSULTANT. I, I REMAIN, UH, PROJECT MANAGER, PERMITTING MANAGERS BASED OUTTA, UH, AUSTIN. SO THIS IS MY FIRST TIME SPEAKING TO A BOARD. SO PLEASE FORGIVE ME IF I DO NOT KNOW ALL THE FORMALITY OF THE SITUATION. CAN YOU SPEAK ON THE EFFICIENCY OF YOU NOT DOING IT THE WAY YOU WANT TO DO IT? WOULD IT BE A 10% REDUCTION IN ENERGY? YEAH, I DO HAVE THE DOCUMENTATION HERE. I ACTUALLY HAVE THE, UH, AURORA REPORT THAT I CAN ACTUALLY SUBMIT IN THERE AND KINDA WALK YOU THROUGH HOW THAT ACTUALLY WOULD LOOK. JERRY, WHY DON'T YOU COME ON UP HERE AND KIND OF MAKE A STATE LIKE WHAT KEITH'S BEEN SO PASSIONATE. I'VE BEEN KIND OF LIKE STEPPING OUTSIDE MY COMFORT ZONE, BUT I'M LIKE, I'M WILLING, I'M LIKE, I'M WILLING TO STAND NEXT TO THIS GENTLEMAN AND HIS FAMILY JUST BECAUSE OF THE COMMITMENT TO, FOR, FOR ENERGY, FOR EFFICIENCY, AND ALSO WHAT THIS ACTUALLY IS GONNA, HOW THEY'RE GONNA BENEFIT THEIR FAMILY. THEY DO NOT WANT TO GO THROUGH THAT KIND OF HARDSHIP AGAIN. THEY WERE OUT OF POWER FOR THREE DAYS. TERRY, WHY DON'T YOU TALK TO THEM AND KIND OF TELL THEM WHAT THIS PROJECT MEANS TO YOU. HELLO, LADIES AND GENTLEMEN OF THE BOARD. UM, MY NAME'S TERRY ARBITER. UH, YOUR DRESSER. UH, I LIVE AT 1 0 3 CROMWELL DRIVE. YOU ARE THE OWNER? I AM THE OWNER, YES, SIR. PLEASE PROCEED. WHEN WE BOUGHT THE HOUSE, UM, IT WAS A, IT WAS A WHIRLWIND TIME FOR US. UM, IT'S, IT'S ALL WE COULD AFFORD. THIS WAS A, A VERY POOR NEIGHBORHOOD, UH, IN, IN A LOT OF REGARDS. WHEN WE BOUGHT THE HOUSE, THAT HOUSE WAS EMPTY FOR THREE YEARS. WHEN WE MOVED IN, IT WAS, UM, IT WAS THE LAST HOUSE THAT WAS FOUR CLOS ON, UM, IT WAS A FLIPPER WHO WAS FINANCED BY MIKE BOBO. UM, AND, AND HE WAS NOT ABLE TO MEET HIS OBLIGATIONS. AND THIS WAS THE LAST HOUSE THAT THAT FLIPPER HAD HAD LOST. AND SO WHEN WE BOUGHT THIS HOUSE, UM, WE GOT IT AT A DEAL, BUT THERE WAS A LOT OF WORK THAT NEEDED TO BE DONE. THERE WAS A A, A LARGE PILE OF, OF JUNK IN THE BACK, A LOT OF, A LOT OF DEBRIS. AND, AND MY WIFE AND I, HAVING JUST LEFT THE MINISTRY AND WE, WE STARTED THIS, THIS JOURNEY OF, OF, OF BUILDING OUR HOME TO RAISE OUR CHILDREN. AND SO WE'VE, WE'VE DONE A LOT OF WORK ON OUR HOME. AND, AND OVER THIS TIME IN 17 AND A HALF YEARS, WE'VE SEEN THE COMMUNITY COME ALONG AND WE'VE SEEN A LOT OF THINGS HAPPEN. AND IT'S REALLY, IT'S REALLY BEEN EXCITING TO TAKE PART IN THAT COMMUNITY TO SEE SO MANY THINGS HAPPEN TO WHERE THE HOME VALUATIONS HAVE GONE UP AND A LOT OF THE HOMES HAVE, HAVE BEEN ABLE TO GET BETTER. UM, DURING THAT TIME, UM, THERE WAS APPARENTLY SOME KIND OF A MOVEMENT TO WHICH WE WERE NEVER INVITED TO TAKE PART IN. AND THAT WAS TO MAKE THIS A A A HISTORIC DISTRICT. WE NEVER RECEIVED ANYTHING IN THE MAIL. WE NEVER HAD ANY KIND OF NOTIFICATION WHATSOEVER THAT OUR HOME WAS GOING TO BE PART OF THIS HISTORIC NEIGHBORHOOD. AND, AND THEN LO AND BEHOLD, ALONG THE WAY OF, OF GETTING THIS, GETTING THIS GOING, UM, WE WERE NOTIFIED THAT THERE'S SEVERAL RESTRICTIONS, UM, THAT WE HAD TO COME THROUGH THIS, THIS WHOLE PROCESS. AND NOBODY EVER TOLD US THAT OUR [01:40:01] HOME WAS, WAS GOING TO BE RESTRICTED LIKE THIS. AND, AND IF I HAD BEEN NOTIFIED OF THAT, I WOULD'VE SAID NO. I JUST, I, I ABSOLUTELY DISAGREE WITH THIS PROCESS OF MAKING, MAKING OUR NEIGHBORHOOD A HISTORIC OR A CONSERVATION DISTRICT ALL ALL OVER, AROUND JEFFERSON HIGH SCHOOL AND THAT AREA TOWARDS WOODLAWN. YOU SEE SO MANY PEOPLE WHO CANNOT AFFORD TO, TO MAKE THE NECESSARY REQUIREMENTS OR MEET, MEET THE, MEET THE REQUIREMENTS TO, TO MAKE THE UPDATES AND THE UPGRADES ON THEIR HOMES. AND YOU SEE THESE HOMES FALL OUTTA DISREPAIR. I'M A FARM BOY BY TRADE. THAT'S HOW I GREW UP. AND WE, WE LEARN HOW TO DO A LOT OF OUR OWN WORK. WE, BECAUSE WE LIVE OUT IN THE COUNTRY, WE LIVE IN THE LIVING UP, UP IN THE NORTHERN PLAINS, YOU DON'T HAVE, YOU DON'T HAVE CONTRACTORS WHO CAN DO, WHO CAN DO PLUMBING AND WHO CAN DO ELECTRICAL WORK. THAT'S SOMETHING THAT YOU LEARN ON YOUR OWN. I DON'T KNOW HOW TO DO SOLAR. AND SO I EMPLOYED THESE, EMPLOYED THESE PEOPLE TO COME AND, AND HELP ME OUT. AND I THINK THAT THIS WOULD BE A, A GREAT, A GREAT OPPORTUNITY FOR US DOWN THE ROAD. UM, IT WOULD BE AWESOME TO BE FREE FROM, CERTAINLY WHEN I'M OLDER, TO BE FREE FROM HAVING TO PAY AN ELECTRICAL BILL. UM, ALL I'M DOING IS I'M, I'M TRADING ONE BILL FOR ANOTHER AND IN A, IN 20 YEARS, I'M GONNA, I'M GONNA HAVE PAID, PAID OFF THE SOLAR COMPANY AND I WON'T HAVE TO PAY OFF, PAY ANY MORE MONTHLY BILLS TO C P S. UM, I, I THINK IT'S, IT'S A GREAT OPPORTUNITY FOR ME TO, UH, I THINK IT'S RESPONSIBLE. UM, CERTAINLY, CERTAINLY, UH, THERE'S A BIG PUSH, BIG PUSH TO GO TO, UH, TO GO TO SOLAR. UH, 40% OF, OF, OF THE COUNTRY'S, UH, ENERGY IS SUPPOSED TO BE COMING FROM SOLAR IS, IS THE, IS THE GOAL FOR, UH, FOR OUR COUNTRY NOW. AND, AND THAT HAPPENS ONE FAMILY AT A TIME. AND SO I HEAR I'M HERE TODAY REQUESTING THAT VARIANCE SO THAT WE CAN BE PART OF THAT. OKAY. OKAY. UM, YOU'VE HEARD, UH, THERE WAS MENTION OF A, OF A REQUEST FOR A CONTINUANCE. ARE YOU INTERESTED IN A CONTINUANCE OR WOULD YOU LIKE US TO HEAR THIS TODAY? I, I WOULD LIKE, I WOULD LIKE TO, TO TAKE PART OF THIS TODAY IF I COULD. OKAY. UM, WE, WE, WE SIGNED THIS BACK IN, UM, BACK IN JULY. AND, AND I HAVE BEEN WONDERING WHY IS THIS TAKING SO LONG? AND THEN, AND THEN LAST MONTH, I WAS NOTIFIED THAT THERE WOULD BE, BE THIS MEETING. RIGHT. UM, AND SO THEN, UM, ABOUT A WEEK AND A HALF AGO, I RECEIVED, I RECEIVED THIS LETTER IN THE MAIL. RIGHT. THAT, THAT VOICEMAIL SAYS NEVER HAPPENED. IT DID HAPPEN. OUR COMMUNITY DID RECEIVE THIS LETTER. IT DID RECEIVE THE LETTER. UM, THERE ARE PEOPLE IN OUR COMMUNITY, IN MY AREA THAT, THAT PERHAPS THEY DON'T WANNA SEE THE SOLAR. BUT MY NEIGHBORS THAT, THAT I INTERACT WITH, UM, WE DON'T HAVE ANY, THEY DON'T HAVE ANY PROBLEMS WITH, WITH ME GETTING SOLAR, I CAN TELL YOU THAT, THAT, UH, 42 CROMWELL JUST RECEIVED THEIR SOLAR FROM, OH, I GOT A PICTURE OF IT HERE TOO. THAT'S, THAT'S THEIR SOLAR THAT THEY JUST HAD HAD PLACED ON, ON THE 28TH OF SEPTEMBER. AND THEIR ROOF IS VERY POOR. UM, I DON'T KNOW ABOUT ANY PARTICULAR CHARACTERISTICS OF MY NEIGHBORHOOD. MY, MY NEIGHBOR ACROSS THE STREET AT ONE 10, THELMA COWELL, THEY JUST RECEIVED, THEY JUST HAD A, A STEEL ROOF PLACED ON THEIR HOUSE LAST YEAR. I HAVE ASPHALT SHINGLES THAT ARE, THEY'RE 40 YEAR SHINGLES. THAT'S THE, THAT'S 42 CRUMBLE RIGHT THERE. OKAY. STAFF, DID THEY, DID THEY RECEIVE A PERMIT FOR THAT? I NEVER RECEIVED ANY KIND OF A NOTIFICATION ABOUT THAT ONE. WE, WE WOULD HAVE TO RESEARCH THAT TO DETERMINE IF THEY DID RECEIVE A PERMIT. I HAVE THE COMPANY LISTED ON MY PHONE TOO, OF, OF WHO DID THAT WORK? WELL, THEIR, THEIR ZONING ON THE ZONING MAP DOESN'T SAY NCD SEVEN IS, UH, WILSON BOULEVARD, THE CUTOFF FOR THE OH, THAT MAY BE WHY. YEAH. SO ON THE OTHER SIDE OF THE STREET, THEY DON'T, THEY'RE NOT PART OF THE CONSERVATION ONE 19 HAS HAD, HAS HAD SOLAR PANELS. ONE 19 CROMWELL HAS HAD SOLAR PANELS FOR, FOR ABOUT EIGHT YEARS. AND THEN, AND THEN THERE ARE SEVERAL, SEVERAL HOMES WITHIN FIVE OR SIX BLOCKS AWAY ON LOMA LINDA THAT HAVE SOLAR PANELS AS WELL. OKAY. AND THERE'S, THERE'S A, A FEW HOUSES DOWN. [01:45:01] UM, THEY HAVE GRAVEL ROOFTOPS. UM, WE HAVE A, A WHOLE VARIETY OF, OF SIDING. THERE'S NOT ONE PARTICULAR STYLE OF HOME IN OUR NEIGHBORHOOD. AND THAT'S ONE OF THE THINGS I LIKE ABOUT IT, IS THAT IT'S NOT A COOKIE CUTTER HOUSE. UH, EVERY HOUSE HAS, ITS, HAS ITS OWN PERSONALITY AND EVERY HOUSE CAN, CAN REFLECT THE PERSONALITY OF THE, OF THE FAMILY THAT LIVES WITHIN. YEAH. I CAN SEE THE ADDRESS DOWN THE STREET ON CORNWELL THAT IS IN THE N C D THAT DOES HAVE SOLAR FACING THE STREET. UH, DO YOU HAPPEN TO, WHAT WAS THAT ADDRESS AGAIN? THAT'S ONE 19. ONE 19. IF YOU CAN CHECK THAT ONE OUT. OKAY. UH, IS, WHILE YOU'RE UP HERE, WE'RE GONNA SEE IF THERE'S ANY COMMISSIONER QUESTIONS. UH, ARE THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? CONROY? YES, MANNA. GO AHEAD, COMMISSIONER MANN. OKAY, SO I WAS ACTUALLY ONE OF THE FIRST IN SAN ANTONIO TO GET SOLAR. SO I, SO I'M A SOLAR PROPONENT. UM, UM, I GUESS, YOU KNOW, THERE IS AN N C D HERE. AND SO PART OF THE WHOLE IDEA ABOUT N C D IS TO KIND OF PROTECT THE COMMUNITY AND, AND, YOU KNOW, PEOPLE, YOU KNOW, COMMUNITY GOT TOGETHER AND SAID, HERE'S WHAT WE WANT. HERE'S WHAT WE WANT YOUR COMMUNITY TO BE DEVELOPED. AND SOLAR PANELS ARE ONE OF THE THINGS THAT WERE ACTUALLY IN THE N C D ITSELF. AND SO THERE ARE MULTIPLE TYPES OF, OF SOLAR PANELS. AND SO ONE OF THE SOLUTIONS THAT THEY DID OFFER WERE THE ROOF STYLE THAT ACTUALLY SHINGLES STYLE, WHICH PEOPLE ARE PUTTING IN. SO, SO SOLAR PANELS ARE AVAILABLE IN THE AREA. SO THE QUESTION TO YOU IS, DID YOU REVIEW OR RESEARCH THE SHINGLE VERSION OF THE SOLAR PANELS? AND, UM, I, I, I, I DID RESEARCH THOSE. UM, THOSE ARE OBJECT TO SPEAK ON THAT. OKAY. UH, THAT SPECIFIC, UH, UH, WELL, SHORTER , THAT SPECIFIC, UH, TE UM, SOLAR SHINGLE ROOF IS ONLY OFFERED BY TESLA. UH, THE PROBLEM WITH THAT IS THAT TERRY HAS A PERFECTLY FUNCTIONAL ROOF. SO TYPICALLY WOULD IT BE A, A DRAMATIC COST TO HIM? BECAUSE WHEN YOU DO THAT KIND OF INSTALLATION, YOU HAVE TO TEAR OFF ALL THE COMPONENTS OF THE ROOF. SO YOU'RE TAKING A PERFECTLY GOOD ROOF, A SUBRO, AND IT'S, MY, MY ROOF IS, IT'S, IT'S, IT'S A, IT'S A PONY ROOF. IF YOU COULD TALK INTO THE, THE MIC PLEASE. YEAH, YEAH. MY, MY ROOF IS THE ORIGINAL, THE UNDER ROOF IS THE ORIGINAL ROOF. THAT IS A SOLID, SOLID HOUSE. REMEMBER, I'VE DONE A LOT OF THIS WORK ON THIS HOUSE MYSELF. IT IS OLD CEDAR AND IT IS BEAUTIFUL. UM, THE, THE ROOF, THE UNDER THE UNDER ROOF IS A ACTUAL TONGUE AND GROOVE. THERE'S NO, THERE'S NO PLYWOOD IN THERE, THERE'S NO, NONE OF THAT BUFFALO BOARD OR ANYTHING LIKE THAT IN THERE. IT'S, IT IS A GOOD, GOOD SOLID HOME. AND, UM, YOU KNOW, AS, AS, AS MUCH AS POSSIBLE, I, I'VE DONE EVERYTHING TO MAINTAIN THE INTEGRITY OF THAT HOME. AND, UM, THE, THE, THE WOOD FLOORS INSIDE WERE, WERE PAINTED WHITE. I DON'T KNOW WHO WOULD DO THAT, BUT, WELL, I GUESS MY QUESTION WAS, SO, SO AS FAR AS YOU KNOW, AND MAYBE I DIDN'T UNDERSTAND THE, UH, ANSWER IS THAT, YOU KNOW, THERE IS AN OPTION FOR THE SOLAR, THE SOLAR SHINGLES, THEY WOULD TAKE EVERYTHING OFF. THEY WOULD, THEY'D TAKE THAT ENTIRE ROOF OFF. EVERYTHING WOULD BE GONE. OKAY. OKAY. OKAY. THAT'S, THAT'S REALLY NOT AN OPTION. I MEAN, IT'S, THAT'S, THAT'S PART OF THEIR REQUIREMENT IS THAT THEY WOULD TAKE THE ENTIRE SUB ROOF OFF BECAUSE THEY HAVE, THEY HAVE THEIR OWN ENTIRE ROOFING SYSTEM THAT, THAT THE SHINGLES ALSO INCORPORATES. I CAN, SO I HAVE A FOLLOW UP QUESTION REGARDING THAT. UH, IS IT, WHAT WOULD THE COST DIFFERENCE BE FOR YOU TO USE WHAT YOU'RE PROPOSING AND WHAT IN THE TESLA STYLE? OH, THE TESLA STYLE WOULD BE COMPLETELY, IT'D PROBABLY ALMOST DOUBLE THE COST OF THIS PROJECT. OKAY. I MEAN, THAT WOULD JUST WOULDN'T EVEN BE COST EFFECTIVE BECAUSE YOU STILL HAVE TO GO AND TAKE USUALLY THE NICE THING ABOUT THAT, I MEAN, I DO A LOT OF DIFFERENT, UH, WELL, WELL, BEFORE WE OKAY, SURE. THE TECHNICAL REASON WHY I BROUGHT THAT UP. OKAY. AND IT'S A COMPLIMENT ON COMMISSIONER MANUS QUESTION. OKAY. THAT, UH, THERE WAS SOME STATE LAW CHANGES EARLIER THIS YEAR THAT ALLOW US TO TAKE SOME COST, UH, DIFFERENCES INTO CONSIDERATION WHEN WE DELIBERATE, UH, CATHERINE WAS, WHAT WAS THE NUMBER ON THAT? WAS IT 10%, 20%, 30%? DO YOU RECALL? UM, WHAT THAT OPTIONAL HARDSHIP? UH, UH, LET ME PULL IT UP AND I'LL, I'LL ASK THAT. I JUST WANNA SEE IF THAT'S, IF THAT'S WITHIN OUR WHEELHOUSE OF, OF AS FAR CONSIDERATION. I THINK IT WOULD BE, BUT I DON'T KNOW THE ACTUAL NUMBERS, WHAT IT, WE'LL FIND OUT. I KNOW, IT DEFINITELY WOULD BE TREMENDOUS. MR. PLEASE CONTINUE. SO, YOU KNOW, AND JUST AS YOU KNOW, AS A NOTE, YOU KNOW, THIS IS IN AN N C D AND SO, AND, AND, UM, HISTORICALLY, YOU KNOW, WELL, THE CITY GENERALLY WILL, UH, WANTS TO, UH, I GUESS SUPPORT THE N C D AND THAT, AND HENCE WHY IT IS THAT, UH, THEY'RE STATING A DENIAL. AND SO, YOU KNOW, SO, SO A CHALLENGE IS THAT A LOT OF THE BOARD MEMBERS HERE MAY ALSO FEEL THAT WAY. AND SO, SO NOT HAVING THE COMMUNITY'S INPUT, YOU KNOW, TO GET, YOU KNOW, TO GET THEM TO SAY, YES, WE AGREE AND WE'RE OKAY WITH IT, THEN, THEN BASICALLY THE N C D IS, IS ALSO AGREEING WITH YOU. BUT IF THEY DISAGREE, YOU KNOW, THEN THAT'S A CHALLENGE. AND SO, SO THAT'S WHY I WAS WONDERING ABOUT YOU ACTUALLY POSTPONING IT UNTIL DECEMBER 6TH. SO I'M CURIOUS HOW MUCH IT'S SUFFICIENT TIME. I DID RECEIVE THE MAILER, AS DID MY NEIGHBORS. I HAD SPOKEN WITH THEM, MY NEIGHBORS, RIGHT, NEIGHBORS RIGHT NEXT TO ME AT 1 0 7. THEY DID ALSO STATE THAT THEY WERE NOT ABLE TO [01:50:01] MAKE A, LEAVE A VOICEMAIL AS WELL. UM, BUT THEY WERE, THEY WERE IN FAVOR. I MEAN, I, I CAN'T TELL YOU WHAT, WHAT THEY SAID BECAUSE I DON'T HAVE IT ON, ON MY PHONE OR ANYTHING. OKAY. WE'LL, I CAN HELP ANSWER. SO THE NEIGHBORHOOD ASSOCIATIONS WERE NOT NOTIFIED AT ALL IN THIS CASE. YEAH, WE, YOU, YOU MENTIONED THAT. AND, AND SO THERE, THERE WAS SOME, UM, NEIGHBOR ASSOCIATION, UH, ISSUES WITH NOTIFICATION, BUT WE'LL, WE'RE GONNA STICK WITH OUR, OUR LINE OF QUESTIONING AND WE CAN DELVE BACK INTO THAT. COMMISSIONER CONROY. AND IF I CAN, I CAN ANSWER YOUR QUESTION. YES, GO AHEAD. UH, FINANCIAL COST OF COMPLIANCE IS GREATER THAN 50% OF THE APPRAISED VALUE, UH, AS SHOWN IN THE MOST RECENT APPRAISAL ROLE. OKAY. DO YOU KNOW WHAT YOUR APPRAISED VALUE OF THE HOME IS? I BELIEVE IT'S ABOUT ONE 30, BUT FOR THE HOME, NOT, NOT INCLUDING THE LAND. RIGHT. THAT DOESN'T INCLUDE THE LAND. IT'S ABOUT THE STRUCTURE. YEAH. SO, SO THE STRUCTURE IS 1 20, 1 30, SOMEWHERE IN THERE, I BELIEVE. OKAY. COMMISSIONER CONNER, THAT'S A TAXABLE VALUE. I THINK. I'LL LOOK IT UP. SO, UH, ANTICIPATING A POSSIBLE MOTION TO CONTINUE THIS CASE, I, I DID HEAR, UM, SOMETHING FROM YOU AND THE PERSON YOU'RE WORKING WITH REGARDING, UH, TAX CREDITS, UH, FINANCIAL PENALTY, DEPENDING UPON, YOU KNOW, THAT WERE, THAT, THAT, THAT YOU COULD BE HIT WITH BASED UPON DELAYS IN THIS PROJECT. MY QUESTIONS ARE, UM, WHAT DEADLINE DATES DO YOU NEED TO HIT AND WHAT SPECIFIC THING DO YOU HAVE TO HAVE DONE AND HOW MUCH MONEY WILL IT COST YOU TO MISS THAT DATE? OH, THERE'S A COUPLE DIFFERENT, UH, FINANCIAL THINGS. THE, THIS PROJECT HAS TO BE INSTALLED BEFORE THE END OF THIS YEAR, SO BEFORE THE, THE 31ST OF DECEMBER, IT HAS TO BE FULLY INSTALLED FOR HIM TO GET THE FULL FEDERAL TAX CREDIT, WHICH IS, UH, FEDERAL TAX CREDIT IS, UH, 26% OF THE PROJECT COSTS. SO I DON'T REMEMBER HOW MUCH THE JOB WAS RIGHT OFF HAND. SO IT'S, THAT'S, THAT'S A HARD DEADLINE. THERE'S ALSO A FUNDING DEADLINE. THERE'S A BANK GIVES US A CERTAIN WINDOW, WHICH HAS TO PERFORM THIS WORK. WE SHOULD HAVE BEEN, THIS JOB SHOULD HAVE BEEN WELL DONE WITHIN THAT THING. WE'RE GETTING TO THE POINT WHERE WE'RE GONNA HAVE TO GO AND GET EXTENSIONS IF, AND THAT MIGHT BE, OR WE MIGHT ACTUALLY LOSE THE FUNDING AND HE MIGHT ACTUALLY LOSE, HE MIGHT, DEPENDING ON INCOME TO DEBT RATIO, COULD PUT THE FAMILY AT JEOPARDY OF, OF LOSING THE WHOLE FUNDING PIECE TOGETHER AND NOT GET, NOT HAVE AN OPPORTUNITY TO, TO GET SOLAR AND GET A BATTERY BACKUP FOR HIM AND HIS FAMILY. SO, AND, AND I, I'D LIKE TO ASK, UH, STAFF FOR ANOTHER ROUND OF QUESTIONS. SO, SO THIS IS AN N C D AND A NEIGHBOR CONSERVATION DISTRICT. UM, AND, AND, AND I KNOW THEY'RE, THEY'RE IMPORTANT, BUT, BUT YOU KNOW, THERE IS A, AND JUST AS A, AS AN ASIDE, I'M A BIG H O A GUY. I'VE BEEN ON MY BOARD 15 YEARS, AND THEN THE TEXAS PROPERTY CODE HOAS ARE NOT ALLOWED TO DENY SOLAR IF THEY'RE, YOU KNOW, WITH VERY LIMITED, UH, UM, BREAKS IN THAT. SO LIKE IF YOU ARE WITHIN 10% OF EFFICIENCIES, IT DOESN'T MATTER WHAT THE D CCRS OR YOUR DEEDED RESTRICTIONS OR WHAT YOUR H O A OR PROPERTY OWNERS ASSOCIATION SAY, THEY CANNOT DENY A REQUEST. AND SO I LOOK AT AN N C D IN SOMEWHAT IN A SIMILAR FASHION THERE. IT'S NOT LIKE THE, THE, THE, THE LAW DOESN'T INCLUDE THAT, AND IT, AND IT DOESN'T INCLUDE CITIES AND ZONING ORDINANCES, BUT WE'RE TALKING ABOUT, UH, UH, UM, SOME REGULATIONS THAT ARE APPLICABLE UNDER CERTAIN HOMES VERY SIMILAR TO A P O A OR AN H O A. AND I CAN'T BELIEVE THAT, THAT THERE IS NO SUCH RESTRICTION ON AN N C D SAYING NO WHEN IT, WHEN THERE'S AN EFFICIENCY ISSUE OF BAY. AND I'M JUST WONDERING, IS THERE ANYTHING THAT HAS ANYTHING TO DO WITH SOLAR IN TEXAS AS A RE AS IT APPLIES TO ANY SORT OF A ZONING OVERLAY DISTRICT? I MEAN, IT JUST, SO, UM, NEW NCDS DON'T INCLUDE, UH, SOLAR, UH, PANELS, UH, BECAUSE OF THAT LAW. SO THERE'S NO, UH, REQUIREMENTS, BUT THESE NCDS WERE IN EXISTENCE PRIOR TO THAT. UH, THEY DO ALLOW FOR SOLAR PANELS, THEY JUST WANT THEM TO BE MORE DISCREET, UM, AS FAR AS THE, UH, NOTIFICATION TO THEM. SO THE, THE REQUIRED NOTIFICATION IS ABOUT INFORMING THEM OF, OF AN APPLICATION FOR A CHANGE, UH, TO THEIR STANDARDS THAT, THAT HAVE BEEN ADOPTED, WHICH THE CITY ENFORCED. UM, AND THAT PART OF THE NOTIFICATION IS, UH, IS, IS GIVEN TO THEM IN ORDER FOR THEM TO PROVIDE PUBLIC COMMENTS, WHETHER IT'S SUPPORT OR OPPOSITION. UM, AS PART, PART OF THAT PROCESS, THE BOARD CAN CONSIDER THAT, UH, SUPPORT OR OPPOSITION. YOU'RE NOT ASKING FOR THEM TO GIVE YOU PERMISSION TO DO IT, YOU'RE JUST ASKING FOR HOPEFULLY THEIR SUPPORT. IF THEY DON'T GET THE SUPPORT, THEY CAN CONSIDER THAT IN THEIR, IN THEIR DELIBERATION, BUT THEY ARE THE FINAL DECISION, NOT THE NEIGHBORHOOD ASSOCIATION. SO, BUT HOWEVER, BECAUSE THEY CONSIDER THAT IT, IT WOULD BEHOOVE YOU TO, TO MEET WITH THEM SO THEY, YOU CAN EXPLAIN EXACTLY WHAT YOU WERE EXPLAINING HERE AS TO WHY YOU CAN'T COMPLY WITH THEIR, UH, CURRENT STANDARDS. OKAY. CATHERINE, UH, SO, SO IF THIS, SO YOU'RE SAYING NO NEW NCDS INCLUDE SOLAR. IF THIS N C D [01:55:01] WAS TO BE REVISITED, WOULD IT BE REMOVED? THAT WOULD BE A A THAT WOULD BE DETERMINED DURING THE PROCESS, YOU KNOW, BECAUSE WE HEAR THIS ALL THE TIME. I MEAN, CITY ATTITUDES AND WHAT THEIR POLICIES CHANGE. AND THE BOARD HAS BEEN PRETTY GOOD ABOUT ENFORCING WHAT THE CURRENT STATE OF AFFAIRS IS. IF THERE'S A, IF THAT'S NOT WHAT THEY WOULD DO TODAY, I DON'T SEE WHY WE CAN'T TAKE THAT INTO CONSIDERATION AS WELL. SO JUST, BUT WE DON'T KNOW HOW THEY FEEL ABOUT THAT TODAY. ALL WE DO KNOW IS THAT THEY DID CALL AND ARE CONCERNED ABOUT THE CASE 'CAUSE THEY WEREN'T NOTIFIED AND THEY HAVEN'T MET WITH THE APPLICANT. WELL, THAT'S ENOUGH. THAT'S MY 2 CENTS. ANY OTHER QUESTION? QUESTIONS, MAAM? ACTUALLY, I GOT ONE THING GOING BACK TO YOUR POINT. HOLD ON. HOLD ON, SIR. OKAY. SORRY. COMMISSIONER MANNA. SO, SO, SO TWO THINGS WITH REGARDS TO THAT DIALOGUE THAT JUST HAPPENED. SO, SO IF THE COMMUNITY DOESN'T KNOW, THE COMMUNITY DOESN'T KNOW HOW TO REACH OUT AND SO THE SO, SO REGULARLY, UM, UH, WHEN THE, WHEN THE NEIGHBORHOOD ASSOCIATION IS AWARE, THEY MAY REACH OUT AND GET BETTER INPUT FROM THE COMMUNITY ITSELF. AND SO, SO THE COMMUNITY AT LARGE MAY BE BETTER INFORMED TO COME AND WEIGH IN ON THE POSITION ITSELF ONE WAY OR THE OTHER. YEAH. AND AGAIN, I, I HAVE SOLAR SIDE THAT'S SIDE, YOU KNOW, SO I AM PROPONENT. UM, I DO WANNA GO BACK TO A SECOND POINT HERE, WHICH I MISUNDERSTOOD. WITH REGARDS TO THE, THE IMPACT YOU STATED, WHICH WAS, YOU SAID THE SOLAR CREDIT BY THE END OF THE YEAR IS NOT THE SOLAR CREDIT EXTENDED NEXT YEAR. UH, YEAH, IT'S GONNA AFFECT, I MEAN, YEAH, THE SOLAR CREDIT WILL BE STILL IN, UH, NEXT YEAR, BUT THERE'S A COUPLE DIFFERENT FACTORS OF THAT. HE'D LIKE TO GO AND TAKE ADVANTAGE OF IT. HE WAS WELL WITHIN OUR PRODUCTION DEADLINE TO EVEN START HIS PROJECT. THAT'S GONNA AFFECT, DIRECTLY AFFECT HIM AND HIS FROM HIS FINANCIAL. BUT YEAH, I MEAN THE FEDERAL TAX CREDIT IS 26%. IT WILL BE 26% IF IT GOT PUSHED OVER THERE. OKAY. I MEAN, SO IT WILL, I MEAN, YOU'RE NOT TECHNICALLY LOSING MONEY, BUT YOU'RE JUST EXTENDING THE BENEFIT THAT HE'S ALREADY DOING EVERYTHING HE SHOULD. SO FROM A LOSS PERSPECTIVE, THERE REALLY MAY NOT BE THAT MUCH OF A LOSS. IT'S JUST DEFERRING WHEN IT IS THAT THE, THAT EVERYTHING'S PAID AND WHEN, WHEN THE MONEY COMES BACK IN, THAT'S, THAT'S ONE PART OF THE THING. BUT ONE OFFICER, THE MAIN, UH, MAIN POINTS THAT HE WANTED TO DO, HE IS WANTING TO GET PREPARED FOR THE NEXT UPCOMING STORM BASED OFF OF THE, WHAT WAS IT? THE FARMER'S ALMANAC. THEY'RE PREDICTING A, A SAME KIND OF SIMILAR SNOWSTORM EVENT THAT DIRECTLY ADVERSE AFFECTED HIS FAMILY. HE WAS A, A POWER OUTAGE OF OVER THREE DAYS. THAT NEXT STORM SHOULD BE PREDICTED TO BECOMING IN A LATE JA LATE JANUARY, EARLY FEBRUARY. SO IF WE KIND OF PUSH THIS OFF, HE COULD BE IN THE SAME SITUATION WHERE HE'S GONNA BE SITTING IN THE DARK AGAIN. SO IT'S, THAT'S PHYSICALLY GONNA AFFECT HIS FAMILY. MAY I, IF I COULD GO AND SPEAK BACK TO THE PIECE OF KIND OF TALKING ABOUT, WELL, HOLD ON A SECOND. OKAY. COMMISSIONER, UH, COMMISSIONER MANER, DO YOU HAVE ANY ADDITIONAL, OKAY. OKAY. COMMISSIONER KAPLAN. OKAY. UH, HOW, OKAY, IF ON DECEMBER 6TH WE GAVE APPROVAL, UM, HOW LONG WOULD IT TAKE FOR YOU TO ACTUALLY INSTALL THOSE SOLAR PANELS? UH, WE WILL CHANGE OUR PRIORITY. WE'LL MAKE IT THE TOP IS PRIOR. I, I DON'T DEAL WITH THE, I DON'T CONTROL IT PRODUCTION SCHEDULE OF THAT. WE COULD, WE'LL DO EVERYTHING WE CAN TO, UH, TO GET THIS PROJECT INSTALLED FOR HIM AS QUICKLY AS POSSIBLE, BUT I WOULD NOT LIKE TO SEE THAT LONG. I MEAN, THERE'S A LOT OF DIFFERENT VARIS. HOW LONG DOES IT, OKAY. NORMALLY, HOW LONG DOES IT TAKE TO INSTALL A PROJECT OF THIS SIZE? UH, ACTUALLY ACT ONCE WE GET ALL THE PERMITTING THING, WE COULD, UH, DO THIS, UH, INSTALLATION, LIKE ON HIS PROPERTY WOULD TAKE ON MY CAREER DAY, INITIALLY, GET IT IN THERE FINAL AC IT WOULD TAKE A DAY TO ACTUALLY DO THE INSTALLATION ON THERE. BUT THEN THERE'S ALSO A COUPLE DIFFERENT STAKEHOLDERS. WE ALSO HAVE TO WORK WITH C P S AND THEN WE HAVE TO GO THROUGH THE, THE COMMISSIONING PROCESS. AND WE DO NOT CONTROL C P SS. SHE, I THINK SHE'S ASKING IF YOU CAN GUARANTEE A DECEMBER 31ST COMPLETION. I CAN'T. IT'S, WE'RE KIND OF, WE SHOULD, WE NEED TO GET THIS DONE AS QUICKLY AS POSSIBLE BECAUSE THERE'S OTHER STAKEHOLDERS BEHIND WEATHER AND A COUPLE OF THE FACTORS OF THERE. SO I CAN'T SAY THAT WE'RE GONNA MEET DEADLINE. WELL, COULD YOU, COULD YOU GUARANTEE A JANUARY 15TH FINISH DATE? UM, I'M NOT THE ONE THAT CONTROLS THE PRODUCTION SCHEDULE, SO I CAN'T, I CAN'T GO AND SAY YES, ABSOLUTELY ON RECORD AND SAY THAT I DON'T HAVE THAT KIND OF AUTHORIZATION WITHOUT MAKING THOSE KIND OF DRINKS FOR THE COMPANY. OKAY. COMMISSIONER KAPLAN, IS THERE ANYTHING ELSE? OKAY. IS THERE ANY, ANY WHAT? UH, COMMISSIONER ZUNIGA ALBERT? YES. UH, THERE HAVE QUESTIONS FOR STAFF. UH, THEY, UH, PUT IN THEIR APPLICATION IN JULY WHERE APPROVED WHAT, BUT, AND THEN, UH, DOES THE HOME ASSOCIATION, FOR INSTANCE, HAVE PRESIDENTS OVER WHEN THE CONSERVATION UNIT DID SAY IF, UH, THEY ALREADY HAD IT IN JULY AND THE HOME ASSOCIATION OR CONSERVATION DISTRICT, YOU KNOW, WENT AHEAD AND, UH, INCORPORATED ALL THE LIKES IN IN AUGUST, WOULD THEY HAVE, YOU KNOW, GRANDFATHER PREFERENCE? BECAUSE I, I KNOW, UH, I'VE BEEN HEARING, YOU KNOW, WHAT YOU'RE SAYING, BUT THAT'S JUST, OR AGAIN, IT'S MY UNDERSTANDING THAT THE NEIGHBORHOOD ASSOCIATION [02:00:01] HAS NOT BEEN MET WITH ON THIS APPLICATION AT ALL. OKAY. YES. AND THANK YOU VERY MUCH, COMMISSIONER ALBERT. AND, AND EVEN, AND EVEN IF, UH, THEY, THEY'RE DENIED HERE ARE APPROVED, IT WOULD BE STILL, YOU KNOW, NICE FOR THEM TO GO AHEAD AND MEET WITH THE HOME ASSOCIATION. SURE. BUT THAT'S ON YOUR OWN. COMMISSIONER ALBERT. THANK YOU. THANK YOU. THIS IS A QUESTION FOR THE ENGINEER. UM, I DON'T SEE ANY PICTURES OF THE PROPOSED SOLAR THAT YOU'RE GOING TO BE PUTTING UP. UM, UM, WE SUBMITTED, I WAS JUST WONDERING IF, IF WE MIGHT, DO YOU WANT SEE AN EXAMPLE WHAT SIMILARLY DISCRETE, WHAT THE PRODUCT ACTUALLY LOOKS LIKE? OR DO YOU WANT TO ACTUALLY SEE THE, ACTUALLY ALL THE DESIGN, THE DESIGN SPECS AND PLANS, RIGHT? YEAH. THE, THE NEIGHBORHOOD CONSERVATION DISTRICT ALLOWS SIMILARLY DISCREET PANELS, SIMILAR ROOF FORM, ET CETERA. AND WITHOUT SEEING A PICTURE OF WHAT YOU'RE PUTTING UP, UM, PERHAPS SURE. I GOT ONE ON MY PHONE. I MEAN, WE'VE ALREADY SUBMITTED ALL THE PLANS, BUT I CAN SHOW YOU OF, HERE'S A PICTURE OF A RESIDENTIAL INSTALLATION OF THE, THE PRODUCT THAT WE WOULD USE. SO THIS IS A SUNPOWER SYSTEM. IT HAS A LOW PROFILE RACKING SYSTEM. UM, THESE ARE ANTI-REFLECTIVE, UH, PANELS THROUGH HIGH ENERGY EFFICIENCY. UM, BUT THEY'RE NOT, YEAH, THEY'RE NOT GONNA BE LIKE, HEY, IT'S GONNA FIT INTO A, A HOUSE BUILT IN THE 18 HUNDREDS. I'M LIKE, NO, IT'S NEW TECHNOLOGY. I MEAN, IT'LL KIND OF BLEND INTO THE HOUSE. I WHAT COLOR IS YOUR SHINGLES SLATE? GRAY, EH, SLATE, GRAY, BLACK, SIMILAR, BUT THAT'D BE THE PANELS THAT ARE, WOULD BE USED IN THE PROJECT. THANK YOU. OKAY. ANYONE ELSE? ALL RIGHT. SO, UH, WITH THAT, UH, WE'RE GOING TO GIVE, UH, THE APPLICANT A FEW MINUTES. IF THERE'S ANY CLOSING REMARKS THAT YOU WANNA MAKE, UH, AND WHAT WE'RE WANTING TO HEAR IS, UH, YOU KNOW, AGAIN, YOU'VE HEARD A LOT OF QUESTIONS, A LOT OF COMMENTS. UM, AND PLEASE, UH, BE OPEN ABOUT WHETHER OR NOT A CONTINUANCE IS SOMETHING THAT YOU CAN LIVE WITH. JUST IF I CAN MAKE ONE LITTLE THING, AND I'LL LET YOU, YOU'VE GOT TWO MINUTES, GUYS. OKAY, PERFECT. YOU LIKE TO PERFECT. SPLIT IT UP. UM, JUST TO KIND OF SPEAK TO YOUR POINT ABOUT TYPICALLY EVERY PROJECT I HAVE THAT I DEAL WITH, TONS AND TONS OF HOMEOWNERS ASSOCIATIONS THROUGHOUT TEXAS. UH, NONE OF THEM USUALLY, TYPICALLY, I MEAN, THEY CAN'T REALLY DENY THE PROJECT. THEY MAY MAKE A COUPLE DIFFERENT TWEAKS, BUT THEY GENERALLY CAN'T DENY THE PROJECT. SO YOUR KINDA LINE OF THINKING OF, WOULD THIS KIND OF FORMAT OR THIS DISTRICT KIND OF ACT THE SAME WAY? I WOULD, I WOULD TEND TO BELIEVE IT WOULD, AND KIND OF FOLLOW THOSE KIND OF GENERAL RULE OF THINKING. UM, I, I WOULD LIKE YOU TO KIND OF APPROVE THIS PROJECT IF THIS'S AT ALL POSSIBLE, SO WE COULD KIND OF MOVE ON SO THE FAMILY COULD GET THE, THE EQUIPMENT THAT THEY WANT AND THAT THEY NEED AND DESERVE. BUT I'LL LET TERRY'S, UH, TAKE UP THE REST OF MY TIME. THANK YOU. OKAY. THANK YOU. YES, I DID SIGN THIS CONTRACT BACK IN, IN JULY FOR THE, FOR THE SOLAR PANELS AND, AND GIVING THAT, THAT THE TYPICAL STANDARD EVEN FOR THE, FOR THE HOAS IS THAT THEY CANNOT BE, BE AN OBSTACLE FOR, FOR THE SOLAR PANELS TO BE PLACED, UH, ON THEIR HOMES. I WOULD LIKE TO HAVE THAT SAME SORT OF CONSIDERATION, EVEN IF, EVEN IF THE CONSERVATION DISTRICT DOES NOT LIKE IT, ULTIMATELY IT'S STILL MY HOME AND I'M THE ONE THAT PAYS THE TAXES TO THE CITY. UM, AND I'M, I'M THE ONE THAT HAS MAINTAINED THE VALUE AND THE BEAUTY OF THE HOME. AND, AND THAT'S, THAT'S A CONSIDERATION I'D LIKE, LIKE TO BE, LIKE TO BE CONSIDERED. ALL RIGHT. THANK YOU. THANK YOU. OKAY. WITH THAT, I'M LOOKING FOR A MOTION. UH, WE HAVE, UH, THE APPLICANT HAS ASKED FOR THIS TO BE, UH, BROUGHT BEFORE THE BOARD TODAY. UH, AND THERE'S ALSO, UH, STAFF IS ASKING FOR A CONTINUANCE. SO IF ANYBODY WOULD LIKE TO BE BRAVE AND PUT SOMETHING OUT THERE, I'D APPRECIATE IT. MANNA COMMISSIONER MANNA, I'M ACTUALLY TO GO DOWN THE PATH OF A CONTINUANCE. OKAY. AND SO, UM, MY RECOMMENDATION IS THAT WE DO CONTINUANCE, UH, TO DECEMBER 6TH. UM, SO THAT, UM, ONCE THE ONE, THE COMMUNITY CAN BE ENGAGED, THEY CAN ENGAGE WITH THE COMMUNITY, UM, AND THEN WE GET THEIR FULL INPUT. AND THEN ALSO, I DIDN'T HEAR COMPELLING REASON. OH, I'M SORRY. SO I REMOVED THAT WE, UH, UH, DO A CONTINUANCE DECEMBER 6TH. OKAY. IS THERE A SECOND? SECOND. CONROY. OKAY. WE HAVE A MOTION BY COMMISSIONER MANOR, SECOND BY COMMISSIONER, UH, CONROY. IS THERE ANY DISCUSSION BY ANY BOARD MEMBERS? SO, SORRY. I, I PROCEEDED THAT. UM, SO, SO ONE WAS JUST, UH, I DIDN'T HEAR ANY, UM, SO, UH, DIDN'T HEAR FOR THE COMMUNITY ONE AND TWO IS I REALLY DIDN'T HEAR A COMPELLING REASON, UM, THAT THEY COULDN'T FINISH THE PROJECT IN TIME IF WE DID FINISH ON DECEMBER 6TH. SO, UM, AND, UM, I THINK THAT IF [02:05:01] EVERYTHING'S LINED UP AHEAD OF TIME WITH COMMUNICATION, IT CERTAINLY CAN BE DONE BEFORE DECEMBER 31ST. OKAY. MR. MCC CONROY, IS THERE ANYTHING YOU'D LIKE TO ADD? YEAH, I'M REALLY TORN ABOUT THIS CONTINUANCE IN MANY WAYS AND, AND TO THE APPLICANT. I, I WOULD, I WOULD SAY PERSONALLY, I THINK IT STINKS THAT YOU'RE HERE AND DUE TO SOME SORT OF SNARL AT THE CITY, YOU KNOW, WE, WE MAY CONTINUE THIS CASE. I AM SORRY. I, I WISH I HAD A BETTER ANSWER. UM, AT THE SAME TIME, I'M GOING TO SUPPORT THE CONTINUANCE AND THE REASON I'M GOING TO SUPPORT IT IS FOR THE SAME REASONS WE'VE ALREADY HEARD. UM, THERE'S, UH, I HAVEN'T HEARD A REALLY COMPELLING CASE WHY THIS CAN'T WAIT A COUPLE MORE WEEKS AND, AND COME BACK HERE. UH, IN ADDITION, UM, THE WAY THAT THE CITY WORKS IN A LOT OF WAYS IS WITH THE SUPPORT OF NEIGHBORHOOD ORGANIZATIONS, UM, LIKE YOURS. UH, THE N C D, AS I RECALL, HAS BEEN AROUND FOR APPROXIMATELY A DECADE. IS THAT CORRECT? MM-HMM. AND, UH, YOU KNOW, I, I THINK THAT TO HAVE THINGS WORK PROPERLY, THEY NEED TO HAVE THEIR SAY. OKAY. IS THERE ANYONE ELSE LIKE TO ADD? ALL RIGHT. HEARING NONE, UH, LET'S GO. UH, HAVE A ROLL CALL. VOTE PLEASE. MS. BLIN. MS. KAPLAN, I SUPPORT THE CONTINUANCE. MR. ALBERT? I CONCUR. MR. CONROY? I CONCUR. MR. VASQUEZ. I CONCUR. MR. MANNA? I CONCUR. MS. LIND? I CONCUR. MR. ZUNIGA? I DO NOT CONCUR. MS. MEESE? I DO NOT CONCUR. MR. TEAL. I DO NOT CONCUR. MR. OZUNA? I DO NOT CONCUR. CHAIR ORIAN. I ALSO DO NOT CONCUR. MOTION FAILS. AND, UM, WE'RE GONNA OPEN THIS UP. YES, GO AHEAD. SIX TO FIVE, SIX. UH, YES. YOU ONLY NEED, OKAY. CAN I ASK A QUESTION? SIR? YOU MAY ASK A QUESTION. PLEASE MAKE A BRIEF. IF, IF, IF I LIVE IN THIS NEIGHBORHOOD AND HAVE LIVED HERE FOR 17 AND A HALF YEARS AND HAVE NEVER BEEN NOTIFIED, UM, OF THESE MEETINGS, HOW DO I MAKE ANY KIND OF AN APPEAL TO THIS BOARD THAT I'VE NEVER MET THAT HAS NEVER INDICATED, HEY, I'M YOUR REPRESENTATIVE FOR THIS COMMUNITY. WHO DO I TALK TO? THEY'VE, THEY'VE NEVER GONE OUT OF THEIR WAY TO, TO REACH OUT TO ME. I WAS NEVER INVITED TO ANYTHING. OKAY. SO YOU CAN GET WITH STAFF, SO WE CAN GET WITH YOU AND GET YOU THE CONTACT INFORMATION. TALK ABOUT THAT. UM, I I WOULD LIKE TO SAY THAT, YOU KNOW, A SIX TO FIVE VOTE IS VERY RARE ON THIS BOARD. AND, UH, ANYBODY WHO VOTED IN THE, UM, UM, PREVAILING SIDE, UM, IF, IF THERE'S ANY WAY YOU COULD CONSIDER POSSIBLY BRINGING THIS BACK UP SO WE CAN MAYBE ENTERTAIN A VOTE, JUST PUTTING THAT OUT THERE. HEARING NONE. ALL RIGHT. HOLD ON. HOLD ON A SEC. I THINK THE CITY'S DEBATING HERE, OR DELIBERATING THERE WAS NO, YEAH. YEAH. THE, THE MOTION PASSED IN, IN, UH, FOR ANYTHING, NOT SUBSTANTIVE, IT'S JUST A SIMPLE MAJORITY. AND, UM, AND MOTION TO CONTINUE PASSED. SO THERE'S NO, THERE'S NO WAY TO BRING IT BACK UP IN ANY WAY TO DISCUSS VOTING ON IT? NO. ALL RIGHT. ALL RIGHT. WE'LL SEE YOU ON DECEMBER 6TH. ALL RIGHT. THANK YOU. NEXT CASE, PLEASE. AGENDA [4. BOA-21-10300155] ITEM NUMBER FOUR IS CASE BO A 21 103 0 1 55. THE SUBJECT PROPERTY IS LOCATED AT 5 99 LIVELY STREET WITHIN COUNCIL DISTRICT ONE. THE APPLICANT IS CARLOS ADA. THE REQUEST IS FOR A 110 SQUARE FOOT VARIANCE FROM THE 40% MAXIMUM SQUARE FOOTAGE ALLOWANCE FOR AN ACCESSORY DETACHED DWELLING UNIT TO ALLOW THE A D D U TO BE 600 SQUARE FEET. UM, AND TWO, WE DID PUBLISH THIS SECOND REQUEST, BUT, UM, IT'S NOT [02:10:01] GONNA BE NEEDED AND THE APPLICANT WILL CLARIFY. THE SECOND REQUEST WAS FOR A 13 FOOT SEVEN INCH VARIANCE FROM THE 20 FOOT MINIMUM GARAGE SETBACK TO ALLOW A GARAGE TO BE SIX FEET FIVE INCHES FROM THE PROPERTY LINE. UH, THE ZONING OF THE PROPERTY IS SINGLE FAMILY RESIDENTIAL. SO ITEM NUMBER TWO IS NO LONGER BEING TO BE CONSIDERED, RIGHT? RIGHT. UH, THE SUBJECT PROPERTY IS LOCATED ON THE CORNER OF LIVELY STREET IN HURST ROAD. THERE IS AN EXISTING DETACHED GARAGE THAT IS LOCATED ON THE PROPERTY. UM, IT CURRENTLY HAS ACCESS OFF OF HURST ROAD. THEY ARE, THE APPLICANT IS REQUESTING TO CONVERT THAT GARAGE INTO AN ACCESSORY DWELLING UNIT. UM, THE GARAGE IS CURRENTLY 600 SQUARE FEET, SO THEY'RE WANTING TO MAINTAIN THAT SQUARE FOOTAGE, UM, WHICH IS EXCEEDING THE 40% MAXIMUM BY 110 SQUARE FEET. HERE'S AN IMAGE OF THE SITE PLAN. THIS IS THE SUBJECT PROPERTY. THIS IS THE ACCESS OFF OF HURST ROAD, AND THAT IS FROM THE ALLEYWAY FROM THE REAR BEHIND THE PROPERTY. SO AGAIN, THIS IS FOR THAT GARAGE SETBACK, WHICH IS NO LONGER NEEDED. THEY'RE NOT GONNA KEEP THE GARAGE IN THE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL AND BO O A 21 1 0 3 0 0 1 5 5 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE STRUCTURE IS CURRENTLY EXISTING IN A 600 SQUARE FEET. TWO, THE A D D WILL BE UTILIZING AN EXISTING STRUCTURE AND CONCRETE SLAB. UH, AND THREE, THE PROPOSED CONVERSION FROM AN ACCESSORY DETACHED GARAGE INTO AN ACCESSORY DETACHED DWELLING UNIT DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. STAFF MAIL 22 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET. THERE WAS ONE RESPONSE IN FAVOR, ONE IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE BELLEVUE NEIGHBORHOOD ASSOCIATION. UH, THIS CONCLUDES STAFF PRESENTATION. ALL RIGHT, THANK YOU. IS UH, IS THE APPLICANT PRESENT? UH, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. UM, HI EVERYONE. NAME IS CARLOS SODA. I'M THE OWNER AT 5 9 9 LIVELY. UH, THE REASON FOR MY REQUEST FOR VARIANCE ADJUSTMENT IS BECAUSE I WOULD LIKE TO CONVERT MY DETACHED GARAGE INTO AN EIGHT ON A D D U. UH, THE TWO DOOR GARAGE IS, YOU KNOW, 600 SQUARE FEET. THE MAIN DWELLING IS AROUND 1200, MEANING IT'S OVER THE 40% RULE. UH, THE PURPOSE OF THE BUILDING IS TO TAKE ADVANTAGE OF THE SPACE ON MY PROPERTY, CREATING A GRANNY FLAT. I'M FORWARD THINKING AS MY MOTHER GETS OLDER, LIKE FOR HER AND MY STEPDAD, TO HAVE A PLACE IN CASE THERE ARE ANY UNFORESEEN CIRCUMSTANCES OR ECONOMIC HARDSHIPS. UM, SO I THINK IT WOULD BE THE BEST WAY BECAUSE THEN SHE WOULD HAVE THE OPTION AND WE WOULDN'T HAVE TO CROSS THE BRIDGE TO, UM, AND, AND ALSO I WANT TO, YOU KNOW, BUILD THIS OPTION AND GIVE HER, UH, LIKE I SAID, ANY, IF ANYTHING WERE TO HAPPEN, WE HAVE THIS FOR THE NEXT FIVE YEARS, UH, WITHIN THE NEXT FIVE YEARS, SHE CAN MAKE THAT DECISION, IS WHAT I MEANT TO SAY. UM, YES, WITHIN, I WOULD HAVE TO UTILIZE AN EMPTY SPACE AND, UH, I WOULD PROBABLY RENT IT OUT AND, UM, HELP PAY THAT BILL AND MORTGAGE. SO THE WAY I WOULD RESPECT MY NEIGHBORHOOD WOULD BE TO SCREEN OUT RENTERS THROUGH CREDIT CHECKS, RESUMES, REFERENCES, EMPLOYMENT HISTORY. UH, ONE OF MY NEIGHBORS WAS NOT IN FAVOR BECAUSE OF, UH, PROBABLY SOME OF THE ON THE STREETS. UM, SOME OF THE REAL ESTATE PEOPLE LIKE PROBABLY DON'T CHECK UP ON THEIR HOMES AND THEY'RE OUT OF SHAPE AND STUFF LIKE THAT. BUT THIS IS MY ONLY PROPERTY. I'M NOT A REAL ESTATE MOGUL, SO MY PLAN WOULD BE TO TAKE CARE OF IT. UH, FINALLY, THE PROPERTY'S ON THE CORNER LOT AND THE GARAGE IS IN THE BACK REAR AWAY FROM THE ALLEY AND AWAY FROM EVERYONE. SO I DON'T THINK IT WOULD DISTURB ANYONE. OKAY, THANK YOU. UM, YOU CAN HAVE A SEAT. WE'RE GONNA SEE IF THERE'S A STAFF. IS THERE ANY SIGN, ANYONE SIGNED TO SPEAK OR ANYTHING TO READ INTO THE RECORD? NO. ALRIGHT. ARE THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? MANNA, COMMISSIONER MANNA, SIR, IF YOU COULD PLEASE COME BACK UP. SO THE QUESTION IS, UM, SO, SO PART OF THE REASON OR PART OF THE EXISTENCE RIGHT NOW IS THAT FOR PARKING, AND SO IF SOMEBODY'S GONNA STAY THERE, WHERE IS THE PLAN TO HAVE THEM PARK? UM, UM, IF THEY SHOULD HAVE A VEHICLE? YEAH, SO IT WOULD BE ON HURST ON THE, [02:15:01] LIKE THE SIDE STREET. IT'S REALLY, IT'S LARGE. UM, BUT I WOULD NEVER HAVE ANYONE, YOU KNOW, MORE THAN ONE CAR. UM, BASICALLY I LIKE MY, UM, MY SPACE. I'M, YOU KNOW, A SINGLE PERSON IN A THREE BEDROOM HOUSE AND, YOU KNOW, I LIKE TO KEEP THINGS, I GUESS, MAINTAINED AND ORGANIZED. SO YEAH, I WOULD DEFINITELY BE ON DOERS. I WOULD NEVER BE ON LIVELY OR ANYTHING LIKE THAT. THANK YOU. YES. ALL RIGHT. ANY OTHER QUESTIONS? ALL RIGHT. UH, HEARING NONE, UH, IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION TEAL. COMMISSIONER TEAL WE'RE STRIKING TO CORRECT? YES. REGARDING CASE NUMBER BOA DASH 21 DASH 3 55, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE 110 SQUARE FOOT VARIANCE FROM THE 40% MAXIMUM SQUARE FOOTAGE ALLOWANCE TO, FOR AN ACCESSORY DETACHED DWELLING UNIT, A D D U TO ALLOW AN A D D U TO BE 600 SQUARE FEET, UH, FOR AT THE PROPERTY LOCATED AT 5 9 9 LIVELY STREET, APPLICANT BEING CARLOS SAADA. 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 AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE WOULD FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE APPLICANT IS REQUESTING A VARIANCE TO CONVERT AN EXISTING DETACHED GARAGE UNDER AN ACCESSORY DETACHED DWELLING UNIT. AND THE EXISTING GARAGE CURRENTLY DOES NOT ABIDE BY THE 20 FOOT GARAGE SETBACK. THE VARIANCE REQUESTS DO NOT APPEAR TO BE IN CONTRARY WITH 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 THE LITERAL ENFORCEMENT, THE APPLICANT WOULD NEED TO REDUCE THE FOOTPRINT OF THE EXISTING STRUCTURE WOULD PRESENTS AN UNNECESSARY HARDSHIP. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE EXISTING STRUCTURE IS CURRENTLY 600 SQUARE FEET, WHICH EXCEEDS THE MAXIMUM BY ABOUT 110 SQUARE FEET. THE REQUEST APPEARS TO OBSERVE THE SPIRIT OF THE ORDINANCE AND SUBSTANTIAL JUSTICE WILL BE DONE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. THE 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 STRUCTURE IS ALREADY EXISTING AND DOES NOT APPEAR TO SUBSTANTIALLY INJURE ADJACENT PROPERTIES, NOR ALTER THE CENTRAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE PROPERTY, EXCUSE ME, 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 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 THE EXISTING PROPERTY AND DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. IS THERE A SECOND? SECOND. A SECOND. UH, BY COMMISSIONER ARMANA. COMMISSIONER THIEL, PLEASE LEAD THE DISCUSSION. YES, I'LL BE IN SUPPORT OF THIS. UH, I THINK ANYTIME THAT YOU CAN CREATE A MULTI-GENERATIONAL HOME, UM, THAT, YOU KNOW, IT'S SO IMPORTANT TO SUPPORT. SO COMMISSIONER MANNA, I AGREE WITH MY COLLEAGUE ALSO TAKING A LOOK AT THE PARKING. I THINK THAT, UH, UH, HURST LOOKS, DOES LOOK LIKE A, AN APPROPRIATE STREET THAT CAN BE PARKED ON. SO I DON'T SEE ANY IMPACT. UM, AND SO I WILL BE IN SUPPORT. THANK YOU. ALL RIGHT. IS THERE ANYONE ELSE? I HEARING NONE. STAFF, PLEASE TAKE A ROLL CALL. VOTE MS. KAPLAN. I CONCUR. MR. ALBERT. I CONCUR. MR. CONROY? I CONCUR. MR. VASQUEZ? I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. LIND? I CONCUR. MR. ZUNIGA? I CONCUR WITH THE FINDINGS OF FACT. MS. MEESE? I CONCUR. MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 11 TO ZERO. IF YOU CAN GET WITH STAFF, THEY'LL TALK TO YOU ABOUT YOUR NEXT STEPS. DOES ANYBODY, UH, NEED A BREAK? YES. OKAY, WELL, WE'LL SEE EVERYBODY BACK HERE IN EIGHT MINUTES. THREE 30. THREE 30. ALL RIGHT. UH, STAFF, IF WE COULD START ON THE NEXT CASE, PLEASE. I DON'T FEEL BAD ABOUT THAT. I FEEL. [5. BOA-21-10300148] ITEM FIVE, AGENDA ITEM NUMBER FIVE, [02:20:01] BO EIGHT. CASE NUMBER 21 DASH 1 0 3 0 0 1 4 8. ADDRESS IS 1723 AND 1727 EAST CROCKETT CITY COUNCIL DISTRICT NUMBER TWO. APPLICANT IS MANA MONICA NEVE LARDO. A REQUEST FOR ONE A TWO FOOT VARIANCE FROM THE MINIMUM FROM THE FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW A STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINE TWO, A 875 SQUARE FOOT. LOT SIZE VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT REQUIREMENT TO ALLOW A LOT SIZE OF 3,125 SQUARE FEET. AND THREE, A 10 FOOT VARIANCE FROM THE 35 MINIMUM LOT WIDTH REQUIREMENT TO ALLOW A LOT WIDTH OF 25 FEET. RESIDENT UH, ZONING IS, UH, RESIDENTIAL SINGLE FAMILY SUBJECT PROPERTY IS LOCATED IN MID-BLOCK ALONG EAST CROCKETT STREET. SUBJECT PROPERTY IS CURRENTLY A VACANT LOT. THE APPLICANT IS PROPOSING TO CONSTRUCT A SINGLE FAMILY RESIDENCE PER LOT. THE APPLICANT IS REQUESTING A VARIANCE FROM THE MINIMUM LOT SIZE, THE MINIMUM LOT WIDTH REQUIREMENT, AND THE SIDE SETBACK REQUIREMENT. SITE PLAN STAFF, CAN YOU PLEASE STOP FOR A SECOND? UH, I NEED TO RECUSE FROM THIS ITEM. I'M TURNING THIS OVER TO COMMISSIONER ZUNA. OKAY. I LET THE RECORD REFLECT THAT THE, UH, CHAIR HAS LEFT THE MEETING. THE TIME IS 3 33. STAFF, UH, DO WE HAVE AN ALTERNATE THAT'S, UM, ABLE TO SIT IN? OKAY. STAFF, PLEASE CONSIDER, UH, CONTINUE SITE PLAN. SUBJECT PROPERTY VACANT LOT. SUBJECT PROPERTY SURROUNDING AREA. STAFF RECOMMENDS APPROVAL AND BO O A 21 DASH 1 0 3 0 0 1 48 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE NEW STRUCTURES WILL BE CONSTRUCTED THREE FEET AWAY FROM THE SIDE PROPERTY LINES. TWO, THE MINIMUM LOT WIDTH OF 25 FEET WILL PROVIDE ENOUGH ROOM TO BUILD A RESIDENTIAL STRUCTURE ON A VACANT LOT. THREE. THERE ARE OTHER STRUCTURES BUILT IN THE IMMEDIATE AREA WITH SIMILAR DESIGNS, AND FOUR NEW DEVELOPMENT WILL ENHANCE THE VALUE OF THE PROPERTY IN THE AREA. 44 NOTICES WERE MAILED OUT. ZERO. RETURN IN FAVOR, ZERO IN OPPOSITION. AND THERE'S NO RESPONSE FROM THE JEFFERSON HEIGHTS NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION. THANK YOU. UH, KAT, DO WE HAVE ANY PUBLIC, UH, INPUT? ANY RECORDINGS OR THE APPLICANT FIRST, UH, THE APPLICANT? WOULD YOU LIKE TO COME FORWARD AND PLEASE MAKE YOUR PRESENTATION? UH, SORRY. DO, IS THE APPLICANT PRESENT FOR THE CASE? THIS IS CASE, UH, THIS IS THE ADDRESS AT, UM, 1 7 2 3 AND 1 7 2 7 EAST CROCKETT STREET. MONICA, NOVICE ADO. IS THAT HER? OH, GO OUTSIDE, MS. NOVICE, CAN SOMEBODY CHECK OUTSIDE TO SEE IF THE APPLICANT IS OUTSIDE? UH, BUT IN THE MEANTIME, THERE IS ONE PERSON SIGNED IN TO SPEAK ON THIS CASE. UM, THE NAME IS RENA QUINTANILLA. OKAY. COULD WE HOLD A SECOND TO SEE IF, IF THE APPLICANT IS GONNA BE COMING? NO SIGN. OKAY. MS. QUINTANILLA, WOULD YOU LIKE TO COME FORWARD AND MAKE YOUR PRESENTATION? PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. HI, MY NAME IS RENA ZANIA AND I AM LOCATED AT 1721 EAST CROCKETT STREET. MY PROPERTY IS THE, UH, PROPERTY, THE AT THE LEFT ADJACENT. UM, WHEN YOU'RE LOOKING FROM THE STREET VIEW, UM, IN THE SURROUNDING AREA DOCUMENTS, YOU CAN SEE MY PROPERTY FROM THE PICTURES. UM, IT'S MY UNDERSTANDING THAT THE UNIFIED DEVELOPMENT CODE WAS PUT IN PLACE IN ORDER TO SUPPORT THE QUALITY OF LIFE FOR PEOPLE OF SAN ANTONIO. I'M IN OPPOSITION OF SUCH CHANGES BECAUSE, UH, THIS CHANGE WILL DIRECTLY AFFECT THE QUALITY OF LIFE AND OVERALL SAFETY FOR ME AS WELL AS MANY OTHERS. THIS WILL AFFECT ME BEING THAT THE PROPERTY WILL BE MUCH CLOSER TO MY HOME AND AFFECT QUALITY OR NATURAL QUALITY OF LIGHT, AS WELL AS AIR QUALITY. AND IN PURPOSES SUCH AS FIRE, IT COULD AFFECT MY, UM, MY HOME IN THE BEGINNING IN FEBRUARY, OR I WOULD SAY JANUARY OR FEBRUARY OF 2020, THERE WAS A FIRE THAT STARTED, BUT IT WAS AT THE REAR PROPERTY, ONE OF THE ODOR HOMES AND THE PROPERTY. UM, I DO HAVE PICTURES AS WELL. UM, MY [02:25:01] PROPERTY WAS ALMOST AFFECTED. IT WAS NOT BECAUSE THE, UM, YOU KNOW, THE UNIFIED CODE WAS PUT INTO PLACE AT THE, THE ODOR PROPERTIES. UM, AND BEING THAT, SO, UM, LUCKILY FIRE WAS ABLE TO COME IN AND EXTINGUISH. BUT IF THESE PROPERTIES ARE SUPER CLOSE TO ME, UM, LET'S SAY THERE WAS A FIRE, THERE WAS SOME SORT OF, UM, SOMETHING TO HAPPEN. I FEEL LIKE NOT ONLY MYSELF, BUT ALL MY OTHER NEIGHBORS WHO WERE SO CLOSE TOGETHER WILL BE, UM, AFFECTED. UM, AND IF YOU COULD SEE, UM, IF YOU CAN MO MOVE THE CLOCK, SIR, I DON'T HAVE THE, YOU HAVE A POINTER. OH, THIS ONE. SO I DON'T KNOW IF YOU CAN SEE MY WINDOW, BUT HERE'S MY WINDOW HERE. UM, I HAVE A COUPLE WINDOWS ON THE OTHER SIDE, BUT I HAVE THIS ONE SMALL WINDOW HERE. AND IF A PROPERTY IS JUST THREE FEET FROM THE SIDE, OR THIS THREE FEET FROM ME, IT'S GONNA BLOCK MY EXISTING, UM, MY WINDOW RIGHT HERE. I DO HAVE SOME, YOU KNOW, LIGHT HERE, BUT I DON'T HAVE MANY, UM, SOURCES OF LIGHT, NATURAL LIGHT FOR MY HOME. UM, THIS PROPERTY OVER HERE IS ALREADY BLOCKING MAJORITY OF MY LIGHT. UM, AND THEN BEING THAT IT'S GONNA BE A TWO STORY HOME, MY HOUSE IS ONE AND A HALF STORY. THIS BEING THAT THERE'S A LOFT UP HERE, BUT EVEN MUCH SO I DON'T GET MUCH LIGHT. ALRIGHT, THANK YOU. I'M SORRY, MS. CONTINUE. WAS THAT, WAS THAT THE END OF YOUR PRESENCE? UM, YES. AND I DON'T KNOW IF YOU'D LIKE TO SEE THE PHOTOS OF THE FIRE. SURE. YOU COULD SHOW, YOU COULD HAVE THEM RECORD, UH, PUT INTO THE RECORD. AND MANNA, I HAVE A QUE QUESTION. UH, MANNA. YES. UM, SO, SO THE, THE HOUSE THAT'S, UH, I GUESS FACING YOUR HOUSE, THE ONE TO THE LEFT, SO WHAT IS THE DISTANCE BETWEEN Y'ALL'S HOUSES THERE? SO, SO WHAT, WHAT KIND OF SPACES BETWEEN THE TWO? I'M NOT QUITE SURE, BUT I KNOW THAT A VARIANCE WAS REQUESTED IN ORDER TO BUILD MY LOT. I KNOW THAT AFTER PURCHASING THE HOME IN 2020, I DID GET NOTICE NOTICES FROM THE BOARD STATING THAT THE LOT WAS NOT, UM, WITHIN CODE. UM, OF COURSE I TOOK THAT TO THE BUILDER WHO THEN AGAIN, I GUESS RECONCILED WITH THE BOARD, UM, FOR THE ZONE ZONING VARIANTS. BUT I KNOW THAT WE'RE SUPER CLOSE. I COULD BASICALLY HEAR MY NEIGHBORS WHENEVER, LIKE WE CAN HEAR EACH OTHER'S CONVERSATIONS. SO, UM, YOU KNOW, BEING THAT I DID NOT KNOW THAT THIS IS GONNA HAPPEN, I PROBABLY WOULDN'T HAVE BOUGHT THIS HOUSE. UM, ESPECIALLY WITH THE, YOU KNOW, I DON'T WANNA SPEAK SO MUCH MORE ON THE INTEGRITY OF THE BUILD OF MY HOME, BUT IT WAS NOT, UM, BUILT IN IN GOOD MANNER. SO I'M VERY UPSET AND I WOULD NOT LIKE ANY OTHER HOMES TO BE BUILT SUCH AS MYSELF, ESPECIALLY. I'M NOT QUITE SURE WHO, UM, YOU KNOW, THE PERSON REQUESTING IS. I DON'T HAVE ANY, UM, KNOWLEDGE OF THE PERSON WHO OWNS THE PROPERTY, BUT IF IT WAS SO, UM, THEY'RE GOING WITH THE SAME BUILDER, I WOULD NOT RECOMMEND BECAUSE FOR ONE, MY HOME WASN'T EVEN BUILT WITH INSULATION IN IT. AND I JUST FOUND THAT OUT. SORRY TO HEAR THAT. SO, SO, SO, SO IF YOU'RE SPREAD YOUR ARM, COULD YOU TOUCH BOTH WALLS ON BOTH HOUSES? IT'D BE, OR HAVE LIKE A FOOT DIFFERENCE, YOU KNOW, SO JUST TRYING TO GET A GUESSTIMATE. UM, I CAN, I CAN DEFINITELY, LIKE, LET'S SAY I, MY NEIGHBOR SHUT THEIR DOOR, UHHUH, , I CAN FEEL IT SHAKE MY DOOR. OKAY. SO IT'S DEFINITELY VERY CLOSE. OKAY. THANK YOU. THANK YOU. IS THERE ANY OTHER QUESTIONS? STAFF? WERE WE ABLE TO LOCATE THE APPLICANT HERE? NOT YET, SIR. SO IN THIS CASE, I WOULD ASK FOR A, UH, A VOTE TO MOVE THIS CASE TO THE BACK OF THE MEETING IF UNTIL THE, IF THE APPLICANT SHOWS UP? YEAH, WE COULD, OR WE COULD JUST DO A CONTINUANCE, UH, TO THE NEXT MEETING DATE. UH, ROLAND, CAN YOU TURN THAT OFF? THAT'S, THAT'S THE TIMER. SHOULD. OKAY. UH, SO YEAH, WHENEVER THERE'S A APPLICANT THAT'S NOT PRESENT, DON'T KNOW WHAT HAPPENED TO THEM, I DON'T KNOW IF AN EMERGENCY CAME UP, WE WOULD RECOMMEND A CONTINUANCE. WELL, TO BE FAIR, I MEAN, YOU PROBABLY WOULD WANT, DON'T WANNA WAIT AROUND TILL THE END OF THE MEETING THEN TO, UM, ALSO, I, I DON'T THINK I, IF WOULD I NEED TO BE HERE IF THERE WAS A CONTINUANCE BECAUSE OKAY. YOUR, YOUR TESTIMONY WOULD BE PRESENTED FOR THE RECORD AND WE'D MAKE NOTE OF THAT. YES. 'CAUSE I WON'T BE IN TOWN, UM, AT LEAST IN DECEMBER. OKAY. WELL THANK YOU SO MUCH FOR YOUR PRESENTATION TODAY. OKAY. DO I HEAR A MOTION FOR A CONTINUANCE FOR THE CASE DEAL. AND DO WE HAVE A DATE FOR THE NEXT MEETING? FOR THE CONTINUANCE? IT'LL BE, UM, DECEMBER 6TH. I'LL MAKE A MOTION THAT WE CONTINUE THIS CASE TO DECEMBER 6TH IN A MOTION. DO YOU HAVE A SECOND? SECOND, SECOND. GO AHEAD. UH, THANK YOU. WHO WAS THE SECOND FROM MANNA? NO. OKAY. , WE TAKE A VOTE. MS. KAPLAN? I CONCUR. MR. ALBERT. I CONCUR. MR. [02:30:01] CONROY I CONCUR. MR. VASQUEZ. I CONCUR. MR. MANNA I CONCUR. MS. LIND I CONCUR. MR. ZUNIGA I CONCUR. MS. MEESE I CONCUR. MR. THIEL? YES, I CONCUR. MR. O ZUNA. YES, I CONCUR. OKAY. WITH THE, UH, UNANIMOUS VOTE, UH, MOTION HAS PASSED FOR CONTINUANCE. UH, TIME IS 3 42. DOES SOMEBODY WANNA GET DONALD GET OUR FEARLESS LEADER BACK? THANK YOU AGAIN FOR YOUR PRESENTA OF YOUR TESTIMONY TODAY. ALRIGHT, THE TIME IS 3 43 AND OUR CHAIR IS BACK TO PRESIDE OVER THE BOARD. ALL RIGHT, NEXT CASE ITEM [6. BOA-21-10300132] NUMBER SIX, PLEASE. OKAY, ITEM NUMBER SIX IS CASE BO O A 21 103 1 32. SUBJECT PROPERTY IS LOCATED AT 24 15 15 RAVINA DRIVE WITHIN COUNCIL DISTRICT THREE. THE REQUEST IS FOR A THREE FOOT THREE INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE WITH ONE FOOT OF OVERHANG TO BE ONE FOOT NINE INCHES FROM THE SIDE PROPERTY LINE. UH, THE ZONING OF THE PROPERTY IS NEIGHBORHOOD PRESERVATION DISTRICT. THE SUBJECT PROPERTY IS LOCATED ALONG RAVINA DRIVE NEAR RIGSBY AVENUE. UM, AN ACCESSORY STRUCTURE WAS CONSTRUCTED WITHOUT BUILDING PERMITS. UH, ACCESSORY STRUCTURES ARE REQUIRED TO HAVE A FIVE FOOT SIDE SETBACK, AND IT CURRENTLY IS ONE FOOT NINE INCHES AWAY FROM THE SIDE PROPERTY LINE. UM, THE STRUCTURE IS IN THE REAR YARD AND PROVIDING SHADE FOR A SWIMMING POOL. THIS IS AN IMAGE OF THE SITE PLAN. THIS IS THE SUBJECT PROPERTY, AND THAT JUST SHOWS THE VIEW FROM THE FRONT OF THE HOME ALONG THE SIDE YARD. AND THIS IS THE ACCESSORY STRUCTURE. IT'S THE MEASUREMENT THAT WE TOOK. SO IT'S THE POST IS ONE INCH, ONE FOOT NINE INCHES AWAY. UM, AND THEN THERE'S ABOUT A FOOT OF OVERHANG. AND THIS IS THE SURROUNDING AREA. STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE TO ALLOW THE ACCESSORY STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINE AND B O A 21 1 0 3 0 0 1 3 2 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE STRUCTURE IS CURRENTLY ONE FOOT NINE INCHES FROM THE SIDE PROPERTY LINE. AND TWO, THE ACCESSORY STRUCTURE SHALL BE RELOCATED TO BE THREE FEET FROM THE SIDE PROPERTY LINE WITH NO OVERHANG TO OBSERVE THE SPIRIT OF THE ORDINANCE, STAFF MAIL 22 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET. UH, NONE WERE RETURNED IN FAVOR, NONE IN OPPOSITION. AND THERE WAS NO RESPONSE FROM THE JUPE MANOR NEIGHBORHOOD ASSOCIATION. UM, THAT CONCLUDES STAFF PRESENTATION. ALRIGHT, THANK YOU. UH, IS THE APPLICANT PRESENT? OH, YES. UM, PLEASE STATE YOUR NAME. IF YOU COULD, UH, ASK HER TO PLEASE STATE HER NAME AND ADDRESS FOR THE RECORD. GO AHEAD, REVAL. MY NAME IS CA VAL AND MY ADDRESS IS 24 15. CAN YOU SPEAK CLOSER TO THE MIC? OKAY. AND MY REQUEST IS FOR YOU TO PLEASE ALLOW ME TO KEEP THE, THE ROOF, THE SHADE. MM-HMM. . YEAH. SINCE I'M NOT AFFECTING ANYONE, I INVESTED ALL MY SAVINGS IN ORDER TO BUILD THIS ROOF IN ORDER FOR MY CHILDREN TO BE PLAYING OUTSIDE AND FOR THE SUN, NOT TO HARM THEM OR BURN THEM. MY HUSBAND AND I BUILT IT. THAT WAS DURING THE PANDEMIC TIME. I COULDN'T TAKE MY CHILDREN TO THE PARK. ALL I WAS ABLE TO DO IS CREATE THIS ROOF, THIS SHADE, IN ORDER FOR MY CHILDREN TO BE ABLE TO WAIT, UH, PLAY THERE AT THE HOUSE. [02:35:05] I DID NOT KNOW THAT I NEED, I, I HAD TO LEAVE THOSE FIVE FEET. YES, WHEN I END UP FINDING OUT THAT I NEED TO LEAVE THOSE FIVE FEET, UH, THE PROJECT WAS TOO, UH, ADVANCED ALREADY. THE ONLY THING I WAS ABLE TO DO IS SPEAK TO MY NEIGHBOR AND ASK HER IF SHE THOUGHT MY ROOF WOULD AFFECT HER FENCE. SHE SAID IT WOULDN'T AFFECT HER AT ALL. UH, THAT IS A PETITION, SO IT DOESN'T AFFECT HER AT ALL. AND I DON'T KNOW IF YOU CAN GRANT MY REQUEST IN ORDER TO KEEP THIS SHADE, THIS ROOF, IT'S A SMALL, SMALL ROOF. OKAY. UM, SORRY, IF, IF YOU COULD JUST HOLD TIGHT FOR ONE SECOND. IS, IS THERE ANYONE SIGN UP TO SPEAK OR ANYTHING TO READ OR HE LISTEN, PLAY FOR THE RECORD? NO, NOTHING FOR THIS CASE. OKAY. ARE THERE ANY QUESTIONS FOR THE APPLICANT? YES, COMMISSIONER? UH OH, COMMISSIONER ZUNIGA. YEAH. REAL QUICK HERE, UH, WE WAS THE CITY CODE, NOT THE NEIGHBOR. BUT THE THING IS, IS, UH, WHEN YOU FOUND OUT THAT HE NEEDED THE, UH, SIDE AND REAR SIDE SET BACK AND YOU KEPT ON WORKING ON IT, THEN YOU KEEP ON WORKING KNOWING, YOU KNOW, IT WAS FINISHED ALREADY. OKAY. UH, ANYONE ELSE? MANNA COMMISSIONER MANNA. SO MY QUESTION IS, UM, LOOKING AT THE SLOPE OF THE ROOF, THE WATER RUNS TOWARDS THE NEIGHBOR AND I DON'T SEE A GUTTER THERE. UM, YOU KNOW, UM, HOW DOES THE WATER RUN OFF? UM, YO, WE HAVE, WE HAD A SIGNIFICANT RAIN YET TO SEE HOW THE WATER RUNS OFF. I HAVE IT AT HOME. I'M JUST WAITING FOR YOU TO GRANT IT. IF YOU DO GRANT IT, THEN I CAN INSTALL IT. I HAVE ALL THAT AT HOME ALREADY. IS SHE REFERRING TO THE GUTTER? MM-HMM. ? YEAH. AND, AND, UH, WOULD, IS THE APPLICANT, WOULD SHE LIKE TO AMEND HER, FORMALLY AMEND HER APPLICATION SO THAT IT INCLUDES GUTTERS? YES. THE ONLY, I HAVE THEM, THE ONLY REASON I DID NOT INSTALL THEM WAS BECAUSE I WASN'T SURE IF I WAS GOING TO BE ALLOWED TO KEEP IT OR NOT. BUT IF I'M ALLOWED TO KEEP IT, I CAN INSTALL THEM AS SOON AS TODAY. SO SHE WOULD HAVE TO FORM STATE FORMALLY THAT SHE'S AMENDING HER APPLICATION TO INCLUDE GUTTERS. UM, WE CAN'T, WE CAN'T ASK HER TO DO IT. WE CAN'T MAKE IT A CONDITION. BUT IF THAT'S SOMETHING SHE WOULD LIKE TO ELECTIVELY DO, THAT WOULD BE PUT INTO THE RECORD. OKAY. IAN, YOUR ALWAYS YES, THE THAT'S FINE. I WILL DO THAT. OKAY. THANK YOU. IS THERE ANY OTHER QUESTIONS? ALL RIGHT. UM, I HAVE ONE QUESTION. UH, WAS THE POOL CONSTRUCTED AT THE SAME TIME AS THE COVERER OR WAS THE POOL THERE BEFORE? UH, AND THIS BEFORE? ALRIGHT. THANK YOU VERY MUCH. OH YEAH, I HOPE SO. OKAY. UH, IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION UNA COMMISSIONER ZUNA REGARDING CASE NUMBER BO O A DASH 21 DASH 1 0 3 0 0 1 3 2. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANTED REQUEST FOR A THREE FOOT THREE VARIANCE FROM THE FIVE FOOT MINIMUM SITE SET BACK TO ALLOW AND ACCESSORY STRUCTURE WITH ONE FOOT OF OVERHANG TO BE ONE FOOT NINE INCHES FROM THE SIDE SET SIDE PROPERTY LINE SITUATED AT 2 4 1 5 VENA DRIVE, APPLICANT BEING LORENZO HERRERA. [02:40:01] BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY AS SUCH, THAT A LITTLE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. THE REQUEST OF VARIANCE DOES NOT APPEAR TO BE CONTRACT TO THE PUBLIC INTEREST AS THE APPLICANT WILL PROVIDE ADEQUATE SPACE FROM ADJACENT STRUCTURES. TWO, DUE TO SPECIAL CONDITIONS, THE 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, THE IMPOSING OF THE LITERAL ENFORCEMENT, THE APPLICANT WOULD NEED TO RELOCATE THE STRUCTURE FIVE FEET FROM THE SITE PROPERTY LINE. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS 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 SPIRIT OF THE ORDINANCE IS OBSERVED AS THE STRUCTURE IS CURRENTLY ONE FOOT NINE INCHES AWAY FROM THE SITE PROPERTY. LINE FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURY 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 SIDE SETBACK FOR AN ACCESSORY STRUCTURE DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTY AND DOES NOT SEEM UNLIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT 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 DUE TO ARE THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT OF WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS IT APPLY TO THE PROPERTY OWNER IS SAW DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, DOES NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER MANNA. I'D LIKE TO, UH, SO OFFER A FRIENDLY AMENDMENT IF POSSIBLE. YES. CAN I DO THAT AT THIS POINT? UH, WHAT WOULD YOU LIKE? SO FOR NUMBER FIVE, I'D LIKE TO ADD TO IT THAT THE, UH, APPLICANT HAS COMMITTED TO, UM, ADDING, UM, UH, AMEN. THEIR, UM, YEP. UH, THEIR, UH, REQUEST TO INCLUDE GUTTERS. YEP. SO ACCEPT. THANK YOU. ALL RIGHT. THANK YOU. WE HAVE A, A MOTION AND A SECOND, UH, COMMISSIONER ZUNA, PLEASE LEAD THE DISCUSSION. RIGHT. AND THAT, THAT'S, UM, SPECIFICALLY BECAUSE OF THE GUTTERS WILL BE ADDED. I THINK THAT WAS MY CONCERN. THE MAIN CONCERN WAS THE WATER, UM, IMPACT THE NEIGHBORS. WE SAW ZERO OPPOSITION FROM ANY OF THE NEIGHBORHOOD NEIGHBORS THAT WOULD'VE BEEN AFFECTED. ZERO OPPOSITION FROM THE NEIGHBORHOOD ASSOCIATION. AND THE APPLICANT WILL REMEDY ANY WATER RUNOFF BY PUTTING THE GUTTERS, WHICH SHE MADE AS PART OF HER TESTIMONY TODAY. SO I'M SUPPORTING THE MOTION AS READ. OKAY. COMMISSIONER MANNA. I CONCUR AS MY COLLEAGUE. THANK YOU. IS THERE ANYONE ELSE I'D LIKE TO ADD TO THE DISCUSSION? ALBERT, UH, COMMISSIONER ALBERT? I'D LIKE A POINT OF CLARIFICATION FROM STAFF IF I COULD. UH, IF THIS VARIANCE IS APPROVED, WILL DEVELOPMENT SERVICES STILL BE REQUIRED TO ACCOMPLISH AN INSPECTION? YES. THIS, UM, THIS WILL HAVE A, AN INSPECTION BECAUSE IT IS A STRUCTURE THAT NEEDS A BUILDING PERMIT. THANK YOU. THANK YOU. UH, SO WITH THAT, UH, WE, WE HAVE A MOTION FOR A ONE FOOT NINE, UH, SETBACK, UH, WITH, FOR AN ACCESSORY STRUCTURE WITH GUTTERS. UH, ROLL CALL. VOTE PLEASE. MS. KAPLAN. I CONCUR. MR. ALBERT. I CONCUR. MR. CONROY I CONCUR. MR. VASQUEZ. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. LIND. I CONCUR. MR. ZUNIGA? I CONCUR. MS. MEESE? 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 UNANIMOUSLY. UM, MISS, IF YOU GET WITH STAFF, THEY'LL TALK TO YOU ABOUT YOUR NEXT STEPS. ALL RIGHT. NEXT CASE. ITEM [7. BOA-21-10300138] SEVEN. ITEM NUMBER SEVEN IS CASE BO O A 21. 103 0 0 1 3 8. THE SUBJECT PROPERTY IS LOCATED AT 6 0 7 BRADY BOULEVARD WITHIN COUNCIL DISTRICT FIVE. THE APPLICANT IS LETICIA VELA VELASQUEZ. THE REQUEST IS FOR A THREE FOOT SIX INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW A CARPORT WITH FOUR INCHES OF OVERHANG TO BE ONE FOOT SIX INCHES AWAY FROM THE SIDE PROPERTY LINE. THE ZONING OF THE PROPERTY IS RESIDENTIAL SINGLE FAMILY. AND SO THIS PROPERTY IS LOCATED [02:45:01] NEAR THE CORNER OF BRADY BOULEVARD AND KECK AVENUE. UM, THEY DID CONSTRUCT A CARPORT THAT'S NOT SET BACK. THE REQUIRED FIVE FEET FROM THE SIDE PROPERTY LINE. UM, IT IS CURRENTLY ONE FOOT SIX INCHES AWAY AND WE DID MEASURE ABOUT FOUR INCHES OF OVERHANG. UM, PERMITS WERE NOT PULLED FOR THE CARPORT, BUT THERE DID APPEAR TO BE OTHER NON-CONFORMING STRUCTURES IN THE AREA THAT WERE SIMILAR TO IT. THIS IS A COPY OF THE SITE PLAN. THIS IS THE SUBJECT PROPERTY AND THIS IS THAT SIDE. UM, SIDE YARD. YOU CAN SEE IT'S THE POST IS ONE, ONE FOOT SIX INCHES FROM THE SIDE PROPERTY LINE. AND HERE ARE IMAGES OF THE SURROUNDING AREA. STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE TO ALLOW THE CARPORT TO BE THREE FEET FROM THE SIDE PROPERTY LINE IN BO O A 21 1 0 3 0 0 1 3 8 BASED ON THE FOLLOWING FINDINGS OF FACT ONE, THE STRUCTURE IS CURRENTLY ONE FOOT SIX INCHES FROM THE SIDE PROPERTY LINE. AND TWO, ADEQUATE SPACE FOR DRAINAGE AND SEPARATION WILL BE PROVIDED BY RELOCATING THE CARPORT TO BE THREE FEET FROM THE SIDE. PROPERTY LINE STAFF MAILED 31 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET. FOUR RETURN IN FAVOR AND ONE WAS RETURNED IN OPPOSITION AND THERE WAS NO RESPONSE FROM THE EL CHARO NEIGHBORHOOD ASSOCIATION. UH, IF YOU HAVE ANY QUESTIONS FOR STAFF, I'M AVAILABLE. ALL RIGHT. THANK YOU. THANK YOU. UH, IS THE APPLICANT PRESENT? HELLO? IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. MY NAME IS LETICIA VELASQUEZ, OWNER OF 6 0 7 BRADY. UH, ON MAY 25TH, UM, OF THIS YEAR, I HAD A CARPORT INSTALLED ON MY PROPERTY. ABOUT TWO WEEKS LATER. UH, CODE COMPLIANCE LEFT A $300 CITATION VIOLATION NOTICE ON MY FRONT DOOR, NOT UNDERSTANDING WHAT WAS HAPPENING. I STARTED MAKING CALLS TO DEVELOPMENT SERVICES QUESTIONING THIS VIOLATION. I WAS TOLD THE POST ON MY CARPORT SHOULD BE FIVE FEET FROM THE FENCE PROPERTY LINE. AND MY CARPORT IS ONLY ONE AND A HALF FEET AWAY FROM THE FENCE IN MY NEIGHBORHOOD. THERE ARE PLENTY OF CARPORTS ACTUALLY RIGHT ON THE FENCE. SO I COULDN'T UNDERSTAND THIS VIOLATION. THEREFORE, I STARTED GOING TO THE DEVELOPMENT SERVICES OFFICE INQUIRING HOW OR WHAT I COULD DO TO BE IN COMPLIANCE WITH SOMETHING. I KNEW NOTHING ABOUT, NOTHING ABOUT BUILDING. I WANTED TO KNOW IF I PAID THE TICKET, WOULD THIS TAKE CARE OF THE PROBLEM? I WAS TOLD, NOT NECESSARILY BECAUSE THE CARPORT POSTS ARE NOT FIVE FEET FROM THE FENCE. ANOTHER STAFF PERSON SUGGESTED I GO PAY FOR A PERMIT. SO I WENT TO PAY FOR A PERMIT AND WAS TOLD THAT DOESN'T NECESSARILY MEAN THAT I AM NO LONGER IN VIOLATION. THEN I WAS TOLD I COULD APPLY FOR A VARIANCE, WHICH WAS FOREIGN LANGUAGE TO ME. SO I INQUIRED ABOUT THIS AND WAS TOLD THE APPLICATION HAD A $400 FEE. OF COURSE, I ASKED WHY A CONTRACTOR IS NOT HELD LIABLE FOR, UH, FOR THIS SINCE THEY SHOULD KNOW THE RULES REGARDING BUILDING OF STRUCTURES. SO I'M HERE TODAY TRYING TO COMPLY AND RESOLVE THIS TERRIBLE EXPERIENCE I FOUND MYSELF IN DURING A TIME WHEN, WHEN MY MOTHER HAD A HEART ATTACK, UM, WAS HOSPITALIZED AND WHEN TO BE WITH THE LORD. FILLING OUT THIS APPLICATION WAS SO COMPLICATED FOR ME. I'M SORRY. ON TOP OF THE MOST DIFFICULT, DIFFICULT THING ONE MUST GO THROUGH IN LIFE. ARRANGING A FUNERAL FOR A MOM, FOR A MOM WHO HAD HELPED ME GET THIS CARPORT. THANK YOU. THANK YOU. AS A SINGLE PARENT, I RAISED TWO KIDS, BOUGHT A HOUSE AND PAID A MORTGAGE FOR 25 YEARS, MAKING NO IMPROVEMENTS TO MY PROPERTY. SINCE FOOD UTILITIES AND A ROOF OVER OUR HEADS WAS A PRIORITY OF THE UTMOST IMPORTANCE, I ALWAYS NEEDED A CARPORT. AND IT TOOK ME ALL THESE YEARS TO MY SENIOR YEARS TO GET ONE, ONLY TO HAVE TO MOVE IT. MY SON, WHO HAS CUSTODY OF HIS TWO DAUGHTERS LIVES AT THIS RESIDENCE AND HE'S CURRENTLY UNEMPLOYED. AS WE ALL FIND OURSELVES SUFFERING ECONOMICALLY DUE TO COVID. THEREFORE, I WOULD NOT BE ABLE TO PAY TO MOVE THE CARPORT. I BELIEVE THAT IT IS JUST AND FAIR TO LEAVE A CARPORT THAT COINCIDES WITH WHAT IN MY NEIGHBORHOOD IS THE STANDARD LOOK THE NORM, AND CERTAINLY IS AN IMPROVEMENT TO WHAT IS CONSIDERED A POOR SIDE OF TOWN. THE [02:50:01] WEST SIDE. I HAVE HAD MORE THAN 25 PEOPLE STOP AND INQUIRE ABOUT THIS CARPORT. UM, EVERYONE SEEMS TO LIKE IT AT ONCE WHEN MANY FRIENDS ON MY BLOCK WANT TO HAVE ONE BELT AS WELL. UM, I TRIED ANSWERING THESE QUESTIONS ON THE APPLICATION TO THE BEST OF MY ABILITY AND I THANK YOU FOR YOUR CONSIDERATION TO THIS MATTER. THANK YOU. UH, WE MIGHT HAVE SOME QUESTIONS FOR YOU. IF, IF YOU JUST, UH, BEAR WITH US A MOMENT. IS THERE ANYONE SIGNED UP TO SPEAK OR ANYTHING TO READ INTO THE RECORD? NO ONE SIGNED TO SPEAK ON THIS CASE. OKAY. UH, SO IS THERE ANY, UH, COMMISSIONER QUESTIONS FOR THE APPLICANT? UH, MANNA. SO, UM, SO ONE OF THE THINGS THAT WE LOOK AT IS, YOU KNOW, WHERE THE WATER GOES. AND SO, SO YOUR ROOF IS SLOPED TOWARDS YOUR NEIGHBOR'S, UH, PROPERTY. AND SO, SO I DON'T SEE GUTTERS UP THERE. RIGHT? AND SO, SO HAVE YOU CONSIDERED PUTTING GUTTERS UP ON THE HOUSE OR ON THAT PARTICULAR SIDE? YES, SIR. UM, AND I DID TALK TO MY NEIGHBOR AND SHE SAID, OH MY GOSH, I NEED ALL THE WATER WHEN IT RAINS BECAUSE IT FALLS ON MY GRASS. AND, AND, BUT I HAD TOLD HER, YOU KNOW, THAT I WANTED TO DO THAT, BUT ONLY IF, IF THEY LET ME KEEP IT. 'CAUSE I DON'T KNOW I WHAT THE OUTCOME WILL BE. SO ONE OF THE THINGS THAT, UM, YOU KNOW, AS WE GO THROUGH THE DIALOGUE THAT MAY BE HELPFUL IS IF YOU COULD AMEND, UH, STATE THAT YOU WANT TO AMEND, UH, YOUR APPLICATION TO INCLUDE GUTTERS ON THAT SIDE. AND THAT MAY HELP IN THE PART OF THE DIALOGUE. SO WOULD YOU LIKE TO STATE THAT? YES, I COULD DO THAT. WELL, IF, UH, YOU'D HAVE TO DO IT ELECTIVELY. IT WAS NOT A CONDITION OF OF, OF, IT'S NOT SOMETHING WE'RE REQUESTING. IT'S JUST SOMETHING YOU CAN DO. UM, AND HOW DOES ONE GO ABOUT THAT? YOU JUST HAVE TO STATE THAT YOU HEREBY FORMALLY AMEND YOUR APPLICATION TO INCLUDE GUTTERS. I STATE THAT I WILL PUT GUTTERS ON MY CARPORT AS PART OF YOUR APPLICATION. AS PART OF MY APPLICATION. ALL RIGHT. THANK YOU VERY MUCH. YES, SIR. UM, COMMISSIONER. MAD. OKAY. ANYBODY ELSE? ZUNA COMMISSIONER ZUNA. FOR THE RECORD, COULD YOU TELL US THE NAME OF THE CONTRACTOR THAT YOU HIRED THAT BUILT THIS WITHOUT THE PERMITS? ERNESTO DE ERDA METAL CARPORTS STAFF. DID YOU GET THAT? , THANK YOU. BECAUSE, UM, MY QUESTION IS, IS THAT IT, IT, IT IS A, A NICE LOOKING CARPORT, BUT A LOT OF THE CARPORTS IN YOUR NEIGHBORHOOD ARE, ARE FLAT AND THEY SLOPE TOWARDS THE FRONT, WHEREAS YOURS HAS PITCHED A ROOF AND THAT MAKES IT, UH, SLIGHTLY DIFFERENT, UH, THERE. BUT I DID NOTICE A LARGE NUMBER OF CARPORTS BUILT RIGHT UP TO THE PROPERTY LINE. THEY DO EVEN UP AND DOWN YOUR STREET. RIGHT? I GET IT. TOTALLY GET IT. SO, UM, I JUST WANTED TO MAKE THAT REMARK. IS THERE ANYONE ELSE THAT WOULD LIKE TO ADD JUST A FOLLOW UP? YES. THE COMMISSIONER ZUNA, COULD YOU TELL US WHAT THE HARDSHIP WOULD BE IF YOU WERE HAVING TO MOVE THOSE POSTS CLOSER IN? I WOULD HAVE TO, TO COMPLY WITH THE FIVE FEET. WOULD YOUR, WOULD YOUR CARPORT BE USABLE OR COULD YOU TELL US WHAT THE HARDSHIP WOULD BE? WHAT WOULD HAPPEN IF YOU MOVE IT? UM, IF YOU LOOK AT EXHIBIT, UM, EXHIBIT TWO, SORRY, IT'S GOT ANOTHER ONE ON THERE. IF YOU SEE WHERE THE, THE BACK POST IS. THE ONE, THE LAST ONE? MM-HMM. . IF YOU MOVE IT, THEN THE CAR CAN'T GO IN, IN THAT AREA RIGHT THERE WHERE THE BLUE TRASH CAN IS. OH, YOU HAVE A TANDEM PARKING SPACE IN THE BACK WHERE YOU CAN HAVE A CAR IN FRONT, RIGHT? YES SIR. A LOT OF PEOPLE HAVE 'EM LIKE THAT. OKAY. IS THERE ANYTHING ELSE? QUESTION? YES, COMMISSIONER. OH, COMMISSIONER ZUNIGA. UH, YES. I HOPE YOU KNOW, PEOPLE DON'T LIKE IT THAT MUCH, THAT UH, THEY GO AND BUILD WHAT? WITHOUT A PERMIT YOU BUILD THE ONE WITH. SO, AND, UH, WE WE'RE, WE'RE TALKING ABOUT GUTTERS ALREADY WHEN JUST LIKE MR. ASUNA SAY, I'M CONCERNED THAT HERE YOU HAVE THE POLES AND, AND WE'RE TALKING ABOUT THE POLES BEING BOOMED IN AND, AND NOT THE WAY THEY STAY THERE. AND, UH, THEY HAVE TO BE MOVED IN. AND THIS IS A, A LARGE, I I KNOW BRADY STREET AND ALL THE MARKET AND ALL THAT. DO YOU PARK, UH, TRUCKS THERE OR ONLY A CAR? TRUCK. CAR. ONLY CAR. OKAY. SO IT'S PRETTY HIGH FOR A CAR. BUT THE THING IS THAT I, I COULD'VE MOVED WITHOUT MOVING THE POLES, YOU KNOW? [02:55:01] OKAY. THEY GOTTA BE MOVED. THANK YOU. ALL RIGHT. ANYONE ELSE? UH, HEARING NONE, UH, IF, IF THERE'S ANYTHING YOU'D LIKE TO ADD BEFORE WE DELIBERATE, PLEASE, PLEASE DO SO. THE NEXT DOOR? MM-HMM. . THE NEXT DAY I CAME HOME THEY HAD ONE, TWO, WHICH I WAS VERY HAPPY THAT THEY HAD ONE ALSO AND THE NEIGHBORS IN THE FRONT WENT, BUILT TWO, ONE IN THE FRONT AND ONE IN THE BACK. AND THEY'RE ALL ASKING ME FOR THE NUMBER OF THIS CONTRACTOR. MAKE SURE YOU REMIND THEM TO, I'M TELLING THEM, GET A PERMIT. THEY BETTER NOT EVEN, I'LL GIVE THEM ERNESTO'S NUMBER, THEY BETTER GET A PERMIT. 'CAUSE I'M GOING THROUGH TOO MUCH STUFF. OKAY, . SO THANK YOU VERY MUCH. YOU CAN TAKE A SEAT AND THANK YOU, SIR. IS THERE A COMMISSIONER? I'D LIKE TO MAKE A MOTION ON THIS CASE. MANANA. COMMISSIONER MANNA. SO REGARDING CASE NUMBER BO A, UH, 2 1 1 0 3 0 0 1 3 8, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A THREE FOOT SIX INCH VARIANCE OR YEAH, UH, FROM THE FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW A CARPORT WITH FOUR INCH OF OVERHANG TO BE ONE FOOT SIX INCHES AWAY FROM THE SIDE PROPERTY LINE SITUATED AT 6 0 7, UH, BRADY BOULEVARD. APPLICANT BEING LETICIA QUEZ 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 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 REQUESTED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE APPLICANT WILL PROVIDE ADEQUATE SPACE FROM ADJACENT STRUCTURES. TWO, THE, UH, DUE TO SPECIAL CONDITIONS THAT 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 LITTLE ENFORCEMENT, THE APPLICANT WOULD NEED TO RELOCATE THE STRUCTURE FIVE FEET FROM THE SIDE PROPERTY LINE, WHICH WOULD RESULT, WHICH WOULD REDUCE THE WIDTH OF THE CARPORT. THREE. BY GRANTING THE VARIANCE, THE SPARE 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 REQUEST TO REDUCE THE SIDE SETBACKS APPEARS TO OBSERVE THE SPIRIT OF THE ORDINANCE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH IS PROPERTY. UH, FOR WHICH THIS PROPERTY OF 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 ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO REDUCE A PORTION OF THE SIDE SETBACK DOES NOT APPEAR TO INJURE ADJACENT PROPERTIES OR TO ALTER THE CENTRAL CHARACTER OF THE DISTRICT. THE APPLICANT HAS ALSO AMEN THEIR APPLICATION TO INCLUDE GUTTERS. SIX. THE PLIGHT OF THE, UH, 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 OWNERS 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 AND ARE NOT MERELY FINANCIAL END OF MOTION. IS THERE A SECOND? THI UH, COMMISSIONER THIEL IS THE SECOND COMMISSIONER. MAN. PLEASE, UH, LEAD A DISCUSSION. SO I THINK, UM, SO, SO ONE THAT THERE SEEMS TO BE REALLY GOOD DIALOGUE WITH THE NEIGHBOR AND SO THAT THE, THEY, UH, YOU KNOW, UH, THEY COULD WORK THROUGH, UH, HOW TO GET WATER, UM, HOPEFULLY THROUGH A RAIN BARREL OR SOMETHING AFTER YOU ADD THE GUTTERS. UM, BECAUSE I THINK ADDING GUTTERS KIND OF RESOLVE THE ISSUES THAT I HAVE, UH, WITH REQUEST. SO I, WE'LL BE VOTING IN FAVOR. ALL RIGHT. THANK YOU. COMMISSIONER THIEL. I'M IN AN AGREEMENT WITH MY COLLEAGUE. I'LL BE IN SUPPORT. THANK YOU. IS THERE ANYONE ELSE? COMMISSIONER ZUNA? YEAH, I'LL BE SUPPORTING THE MOTION AS WELL. FANTASTIC. UM, AND I WOULD LIKE TO, I ADD THAT I WILL ALSO BE IN SUPPORT BECAUSE THE NEIGHBORS ON NEITHER SIDE ARE, ARE IN, ARE IN SUPPORT AS WELL. SO WITH THAT, UH, ROLL CALL VOTE PLEASE. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MR. CON. MR. CONROY I CONCUR. MR. VASQUEZ. I CONCUR. MR. MANA. I CONCUR WITH THE FINDINGS OF FACT. MS. LIND. I CONCUR. MR. ZUNIGA? NO, I DO NOT CONCUR. MS. MEESE? I CONCUR. MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. OOZ. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. UH, MOTION PASSES 10 TO ONE. AND WITH THAT WE'RE GONNA GO TO ITEM NUMBER [8. BOA-21-10300153] EIGHT. ITEM NUMBER EIGHT IS CASE BO. A 21 1 0 3 0 0 1 5 3. PROPERTY IS LOCATED AT 90 OR 79 34 VELETA STREET WITHIN COUNCIL DISTRICT NUMBER SEVEN, THE APPLICANT ISTO ANTONIO AND LUPE ENO. THE REQUEST IS FOUR, A FIVE FOOT VARIANCE FROM THE 10 FOOT MINIMUM FRONT SETBACK TO ALLOW A CARPORT WITH THREE FEET OF OVERHANG TO BE FIVE FEET FROM THE FRONT PROPERTY LINE. THE ZONING OF THE PROPERTY IS RESIDENTIAL [03:00:01] SINGLE FAMILY. UM, THE APPLICANT COULDN'T ATTEND TODAY DUE TO SOME ER, AN EMERGENCY. SO THEY ARE REQUESTING A CONTINUANCE TO DECEMBER 20TH. DECEMBER 20TH. OKAY. IS THERE ANY MANNA, UH, COMMISSIONER MANNA, UH, MOVE THAT WE, UH, HOLD ON ONE SECOND. IS THERE ANYTHING THAT WE HAVE ANYONE SIGN UP TO SPEAK OR ANYTHING TO READ INTO THE RECORD? I ALREADY GO. NO ONE'S SIGNING TO SPEAK . SORRY. NO, IT'S OKAY. NO, NO. OKAY. GO AHEAD. COMMISSIONER MAN. UH, I MOVE THAT WE POSTPONED UNTIL DECEMBER 20TH OKAY. TO THE, A MOTION TO CONTINUE DECEMBER 20TH. IS THERE A SECOND? CONROY UH, COMMISSIONER CONY, UM, DISCUSSION? NO. UH, ROLL CALL. VOTE PLEASE. MS. KAPLAN. I CONCUR. MR. ALBERT. I CONCUR. MR. CONROY I CONCUR. MR. VASQUEZ. I CON I CONCUR. MR. MANNA. I CONCUR. MS. LIND I CONCUR. MR. ZUNIGA I CONCUR. MS. MEESE I CONCUR. MR. TEAL? YES, I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR. MOTION PASSES CASES CONTINUED TO DECEMBER 20TH. NEXT ITEM IS [9. BOA-21-10300150] ITEM NUMBER 9 49 23 GREENWOOD. AGENDA ITEM NUMBER NINE, CASE BO EIGHT. 21 DASH 1 0 3 0 0 1 50. ADDRESS IS 49 23 GREENWOOD STREET CITY COUNCIL DISTRICT NUMBER THREE. APPLICANT IS GONNA BE A JONATHAN RACKER, UH, REQUEST FOR A FOUR FOOT FOUR INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE EIGHT INCHES FROM THE SIDE PROPERTY LINE. CURRENT ZONING IS GOING TO BE RESIDENTIAL SINGLE FAMILY SUBJECT PROPERTY IS LOCATED AT THE CORNER OF GREENWOOD DRIVE AND EAST YOUNG AVENUE. SUBJECT PROPERTY IS CURRENTLY VACANT LOT. THE APPLICANT IS PROPOSING TO CONSTRUCT A SINGLE FAMILY RESIDENTIAL HOME APPLICANT IS PROPOSING AN ATTACHED CARPOOL WILL BE EIGHT INCHES FROM THE SIDE PROPERTY LINE. THERE WAS A PREVIOUS SINGLE FAMILY RESIDENCE WITH A CARPORT CONSTRUCTED ON THE PROPERTY THAT WAS DEMOLISHED IN OCTOBER OF 2021. THE APPLICANT IS PROPOSING TO CONSTRUCT A SIMILAR STRUCTURE THAT WAS PREVIOUSLY THERE. SITE PLAN, SUBJECT PROPERTY, SUBJECT PROPERTY SURROUNDING AREA. STEP RECOMMENDS DENIAL WITH THE ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE TO ALLOW A CARPORT TO BE THREE FEET FROM THE SIDE PROPERTY LINE BASED ON THE FOLLOWING, FINDING OF FACT, ONE. THE PROPERTY IS CURRENTLY VACANT AND IS NEW CONSTRUCTION BEING PROPOSED. TWO. THE SMALL WIDTH OF THE LOT PRESENTS CHALLENGES IN THE NEW DEVELOPMENT. AND THREE, A SIDE SETBACK OF THREE FEET WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS IT WILL PROVIDE FOR MORE SEPARATION FROM THE ADJACENT RESIDENTIAL STRUCTURE. 23 NOTICES WERE MILD OUT. ZERO. RETURN IN FAVOR, ZERO IN OPPOSITION. AND THERE'S NO NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION. THANK YOU VERY MUCH. IS THE APPLICANT PRESENT? HELLO, SIR, IF YOU PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. RECORD. YOU CAN BEGIN YOUR PRESENTATION. SURE. UH, MY NAME IS, UH, JONATHAN RACKER. I'LL USE MY BUSINESS ADDRESS IF THAT'S OKAY. YES, SIR. UH, IT'S 92 72 HIGHWAY 87 EAST SAN ANTONIO, TEXAS, 7 8 2 6 3. UM, I WORK FOR A, UH, LOCAL, A, UH, HEATING, AIR CONDITIONING, PLUMBING COMPANY, FAMILY OWNED OPERATED BUSINESS RECENTLY. I'M JUST KIND GIVE YOU A LITTLE BACKSTORY AND THEN I'LL GET INTO EVERYTHING ELSE. UH, WE WERE, UM, AN, UM, A NON-PROFIT THAT DOES WORK FOR, UH, WOUNDED MILITARY MEMBERS CALLED OPERATION TRIAGE. REACHING OUT TO US ASKED US IF WE'D BE INTERESTED IN HELPING THIS, THIS MAN OUT IS THE, THE, THE FORMER OWNER, THE OWNER OF THE PROPERTY. HIS NAME IS JESSE HERRERA. HE'S A VIETNAM VETERAN WHO WAS WOUNDED WHILE HE WAS IN VIETNAM. UM, HASN'T NECESSARILY HAD THE EASIEST LIFE. UH, THE HOUSE THAT HE WAS LIVING IN BEFORE WE DEMOLISHED IT, UM, WAS IN VERY, VERY BAD LIVING CONDITIONS. IT WAS BASICALLY UNLIVABLE. UM, SO WE'RE PARTNERING WITH THAT NONPROFIT TO BUILD HIM A BRAND NEW HOUSE FREE OF CHARGE AS A GIFT [03:05:01] TO HIM. UM, HIS DAUGHTER ALSO LIVES IN THE HOME, UH, WHOM HAS SPECIAL NEEDS. UH, THIS IS JUST SOMETHING THAT WE'RE DOING TO, TO GIVE BACK TO SOMEBODY IN THE, IN THE MILITARY COMMUNITY AND OUR COMMUNITY THAT, THAT DESPERATELY DESERVES IT. I, WE ALL, SO THAT'S WHAT WE'RE DOING HERE. UM, SO WE KNOCKED DOWN THE HOUSE A FEW MONTHS AGO. UM, ACTUALLY BEEN WORKING WITH, UH, THE CITY OF SAN ANTONIO. I WAS DEALING WITH, UM, MICHAEL DAR COURT, I BELIEVE HIS NAME IS A COUPLE WEEKS AGO. UH, HE ACTUALLY GRANTED US A TEMPORARY PERMIT TO GO AHEAD AND POUR THE SLAB. UH, SO WE'VE ALREADY DONE THAT. ACTUALLY, THE FOUNDATION'S ALREADY BEEN POURED ON THE NEW HOME. UM, IT'S ALREADY BEEN DONE. WE POURED A FEW WEEKS AGO. UM, FURTHERMORE ON THAT, UM, THE NEXT DOOR NEIGHBOR, UM, THE HOUSE DIRECTLY NEXT TO, UH, MR. HERRERA'S HOME IS ACTUALLY HIS, UH, SISTER. UM, SHE LIVES RIGHT NEXT DOOR TO HIM. UH, I ACTUALLY HAVE A SIGNED AND, UM, LETTER FROM HER. IT'S ALSO NOTARIZED, STATING THAT SHE, YOU KNOW, IS OKAY WITH THE VARIANCE. UH, SHE'S, SHE APPROVES IT. SHE DOESN'T HAVE ANY ISSUE WITH IT. UM, TO ADD ONTO THAT AS WELL, IF Y'ALL WANT THIS, I CAN HAND THAT OVER TO YOU. UM, WHERE WE'RE PUTTING THE NEW HOME, I MEAN, IT'S ALMOST EXACTLY WHERE THE OLD ONE WAS. IT'S NOT MUCH DIFFERENT. THE ONLY REAL DIFFERENCE IS IT'S JUST A, A TADD BIT LARGER. THE HOME IS JUST A TADD BIT LARGER. UM, THE VARIANCE IS JUST FOR THE CARPORT. OVERHANG. THE SLAB IS ALMOST, I, IT'S, IT'S VERY SIMILAR TO THE, THE FOUNDATION THAT WAS THERE EXISTING. SO THE ONLY THING WE'RE ASKING FOR IS FOR THE VARIANCE FOR THE, UM, THE OVERHANG. FOR THE CARPORT. IT'S ONLY LIKE A COUPLE INCHES, THREE INCHES. AND IF THERE WAS A PICTURE YOU GUYS HAD UP THERE EARLIER, UM, YOU CAN KIND OF SEE THE PREVIOUS DRIVEWAY. UM, I MEAN, IT'S ALMOST LINES UP IDENTICAL WITH WHERE THE NEW CARPORT AND THE NEW DRIVEWAY WILL BE. SO THERE'S, THERE'S REALLY NOT MUCH DIFFERENCE THERE. UM, I HAVE IT TOO. IT'S KIND OF BLACK AND WHITE, BUT, UM, THE, YEAH, RIGHT THERE. SO YOU CAN KIND OF SEE THE EXISTING CARPORT THAT'S THERE. WELL, THAT WAS THERE, I APOLOGIZE, WAS ACTUALLY BUILT BY, UM, THE OWNER'S, UH, FATHER ABOUT 30 YEARS AGO. AND I THINK THAT WAS BEFORE THERE WAS MUCH WITH PERMITTING AND THINGS LIKE THAT. SO I THINK, UM, THAT WAS DONE BEFORE, YOU KNOW, THE TIMES HAD CHANGED WITH, WITH ALL THAT KIND OF STUFF. SO, UH, IF YOU CAN PICTURE IT, I HAVE, UM, THE, THE SITE PLANS ARE ON THERE TOO, BUT IT'S, IT'S BASICALLY GONNA LOOK THE SAME, JUST UPDATED. I MEAN, THAT'S BASICALLY, IT'S A BRAND NEW HOUSE. IT'S GONNA BE SUPER ENERGY EFFICIENT, UH, ALL THE LATEST, GREATEST MATERIALS. IT'S GONNA BE SAFE. UH, HE'S ACTUALLY GONNA HAVE A PLACE TO LIVE, UH, WHERE IT'S GONNA BE WARM IN THE WINTER. COOL. IN THE SUMMER, UH, BEFORE HE DIDN'T HAVE CENTRAL HEAT AIR OR ANYTHING LIKE THAT, SO, UM, THERE WAS TERMITE DAMAGE. THERE WAS HOLES IN THE FLOOR, LIKE IT WASN'T THE BEST PLACE TO BE. SO, UH, THAT'S BASICALLY ALL WE'RE NEEDING, SO WE CAN PRETEND, UH, PROCEED WITH THE BUILD. UM, WE WERE ORIGINALLY HOPING TO HAVE ALL THIS DONE BY DECEMBER, UH, TO GIVE IT TO HIM FOR CHRISTMAS. I DON'T THINK WE'RE GONNA MAKE THAT DEADLINE AND ALL REAL TO BE REALISTIC ABOUT IT. BUT, UM, THAT'S WHAT WE WERE SHOOTING FOR. BUT THAT'S ALL WE NEED IS THE VARIANCE TO BE APPROVED SO THAT WE CAN CONTINUE WITH THE BUILD. WE HAVE HIM LIVING IN A MOTEL RIGHT NOW THAT WE'RE PAYING FOR. UH, SO IT'S JUST HIM AND HIS DAUGHTER IN THE MOTEL. DO YOU HAVE, DO YOU HAVE A CLEANER COPY OF THE SITE PLAN OUTTA CURIOSITY? I HAVE A WHOLE COPY OF BACK HER WITH ME. YEAH. I'D LOVE TO SEE. OKAY. THANK YOU. STAFF. IS THERE ANYONE SIGNED UP TO SPEAK OR ANYTHING TO READ INTO THE RECORD? NO. OKAY. THANK YOU. UH, JUST TO ADD, THE WAY THAT THE HOUSE IS NOW, THERE'S A LITTLE CHAIN LINK FENCE BETWEEN, UH, HIS SISTER HOUSE, HIS SISTER'S HOUSE, AND HIS, AND THEY HAVE LIKE A LITTLE GATE THAT THEY'RE VERY CLOSE, SO THEY GO BACK AND FORTH BETWEEN HIS PROPERTY AND HERS. AND, UM, WE'RE GONNA PUT THAT BACK UP AND PUT A GATE BACK IN SO THEY CAN, YOU KNOW, GO BACK AND FORTH THROUGH THEIR PROPERTY. JUST, JUST KIND OF THROWING THAT IN THERE. WHAT I'M LOOKING FOR IS THE, UH, PORTION OF THE SITE PLAN THAT THAT, THAT WE HAVE IN THE ATTACHMENTS THAT SHOW THE CARDBOARD AND WHERE IT IS IN RELATION TO THE FRONT. OKAY. IS, UM, IS THERE ANY QUESTIONS FOR THE APPLICANT? MANNA, UH, COMMISSIONER MANNA. OH, [03:10:01] GO AHEAD. OKAY. COMMISSIONER KAPLAN. OKAY. SO, SO MR. GUTTERS TODAY. AND SO, UM, SO LOOKING AT THE EXISTING PROPERTY OR THE PREVIOUS PROPERTY, IT LOOKED LIKE THE, UH, THE CARPORT WAS SLOPING TOWARDS THE SIDE PROPERTY LINE. IS THAT, ARE YOU FOLLOWING THE SAME SLOPE THIS TIME AS WELL? PRETTY MUCH, YES, SIR. SO, SO, UM, ONE OF THE THINGS THAT WE, UH, WE WANT, REALLY DON'T LIKE TO SEE IS THAT WHEN IT IS, WE HAD THE POSSIBILITY OF POURING WATER ONTO THE NEIGHBOR'S YARDS. OH, FOR SURE. AND SO, SO ONE OF THE QUESTIONS IS, YOU KNOW, YOU KNOW, WOULD GUTTERS BE OKAY, YOU KNOW, TO HELP RESOLVE THAT? UM, ABSOLUTELY. YES. OKAY. SO I'LL PASS MY QUESTION THEN BACK TO THE BOARD OR TO THE CHAIR. . OKAY. UH, COMMISSIONER KAPLAN, UH, I JUST WANTED TO ASK, IS THE, IS THE ORIGINAL CARPORT THE SAME SIX INCHES FROM THE PROPERTY LINE? YES, IT'S TO THE, THE WAY IT WAS BEFORE. I MEAN, IT'S THE PROPERTY LINE'S RIGHT HERE, AND THAT CARPORT COMES, IT'S, IT'S SUPER CLOSE AS IT WAS EXISTING. SO YOU'RE JUST REPLACING EXACTLY WHAT WAS THERE. YES, MA'AM. IT'S GONNA, OURS IS GONNA BE A LITTLE BIT CLOSER BECAUSE THE HOUSE IS SLIGHTLY BIGGER. SO IT'S, WE'RE ABOUT THREE INCHES CLOSER TO THE PROPERTY LINE. BUT I MEAN, IT'S, IT'S, WE'RE TALKING A COUPLE INCHES HERE. AND JUST TO ADD TO THE OVERHANG, THE CARPORT WE'RE GONNA BUILD, IF THERE'S ANY ISSUE WITH LIKE FIRE EGRESS AND ALL THAT, IT'S GONNA BE BUILT OUT OF COMPLETELY NON-COMBUSTIBLE MATERIAL. SO IF THERE'S EVER AN ISSUE WITH FIRE OR ANYTHING THAT WE'RE IN COMPLIANCE AND ALL THAT, AND IF GUTTERS ARE NECESSARY, WE'LL ABSOLUTELY DO THAT TOO. IT'S NOT A PROBLEM. SO, OKAY. UH, SO LIKE WE'VE DONE WITH OTHER, UH, APPLICANTS BEFORE US, CAN, WOULD YOU LIKE TO AMEND YOUR APPLICATION THAT IT WILL INCLUDE GUTTERS? UH, YES. UM, I WOULD LIKE TO AMEND MY APPLICATION TO INCLUDE GUTTERS ON THE, UH, CARPORT. THANK YOU. UM, IS THERE ANY OTHER QUESTIONS? I HAVE ONE QUESTION. I WANTED TO SEE THE SIDELINE BECAUSE, UM, SOMETIMES WE GET, UH, APPLICATIONS OF FORCE WHERE THERE'S A POTENTIAL FOR A CARPORT TO BE VERY, VERY LONG, WHICH IS DIFFERENT THAN ONE THAT'S SIZABLE JUST FOR ONE CAR, LIKE THE ONE YOU PREVIOUSLY HAD. SO I WAS TRYING TO FIGURE OUT LIKE HOW FAR AWAY THE CARPORT IS FROM THE STREET, AND THEN HOW FAR IT WENT BACK. OKAY. IT'S ON THERE. WE CAN, YEAH, THAT IT, IT, THAT'S DIFFERENT THAN WHAT'S, LIKE THE CARPORT LOOKS LIKE IT WAS ADDED AFTER THE FACT. LIKE IT'S NOT IN THOSE PLANS. IT'S, THAT'S WHY IT WAS, UH, YOU'RE TALKING ABOUT THE NEW CARPORT? YES. YEAH. NO, IT'S, IT'S, IT'S ON THERE. IT'S JUST KIND OF, OH, YOU KNOW WHAT? OR IF YOU HAPPEN TO KNOW WHAT IT'S, IF IT'S LIKE 20 FEET AND EXTENDS 25 FEET OR SOMETHING, THAT'D BE INTERESTING HERE. THIS ONE ACTUALLY SHOWS ON THERE. I GUESS THIS ONE DOESN'T. YEAH, YOU CAN ACTUALLY SEE IT ON THIS ONE. I'M SORRY. IT'S OKAY. THIS IS AN UPDATED VERSION OF IT THAT YOU CAN ACTUALLY SEE IT ON THERE. AND I KIND OF HIGHLIGHTED THE PROPERTY LINES AND, AND THE EVERYTHING ON THERE. SO SORRY ABOUT THAT. SO IT'S, IS THAT, SAY 18 FEET ABOUT TO THE FRONT OF THE HOUSE, THERE'S 16. AND HOW, HOW LONG IS THE CARPORT? OH, WOULD YOU SAY 25 FEET IS IT'S, YEAH, IT, IT'S ABOUT THAT, I THINK. AND IT'S ONLY, AND AS FAR AS THE, YEAH, AND AS FAR AS THE VARIANCE, IT'S ONLY, WE WE'RE ASKING FOR LIKE, I THINK THREE INCHES HERE. UH, QUESTION. YEAH. BUT THE THING WE'RE, WHAT I'M, WHAT HAPPENS IS WHEN THIS BOARD APPROVES CERTAIN SETBACK VARIANCES, UNLESS IT'S SPECIFIED, UH, YOU KNOW WHERE EXACTLY IT IS. AND TECHNICALLY IT COULD BE FOR THE ENTIRE LENGTH OF THE SIDE OF THE PROPERTY LINE. SO I WAS JUST TRYING TO PUT SOME PARAMETERS. OH, NO, IT'S NOT, I MEAN, IT'S, I I DON'T, WELL, I KNOW, I KNOW YOU'RE NOT, BUT I'M SAYING IF WE APPROVE IT, DEPENDING ON HOW IT'S WORDED. OH, I SEE. YEAH. SO I WAS JUST WONDERING IF, UH, IF YOU THINK 16 FEET FROM THE FRONT EXTENDING NO MORE THAN 30 FEET WOULD COVER IT? I THINK SO, YES. OKAY. I JUST WANTED TO PUT THAT OUT THERE FOR WHATEVER MOTION. I'M SORRY, . OKAY. ALL RIGHT. IS IF THERE'S ANYTHING ELSE? NO, UH, IS THERE, UM, ANY CLOSING REMARKS YOU WANNA MAKE BEFORE WE, UH, MAKE A MOTION? UH, ONLY THING I'LL ADD IS, UM, IF YOU COULD MEET THIS MAN AND HEAR HIS STORY AND HIS DAUGHTERS AND JUST SEE, UM, THE TRANSFORMATION FROM A FEW MONTHS AGO UNTIL NOW, BEFORE, UH, YOU COULD TELL THAT THEY WERE JUST REALLY, YOU KNOW, THEY DIDN'T HAVE HOPE. THEY WERE REALLY, I WOULD SAY ALMOST DEPRESSED. AND SINCE WE'VE KNOCKED THE HOUSE DOWN AND PUT THE SLAB AND THE FOUNDATION IN, I THINK REALITY'S ACTUALLY HIT THEM THAT THIS IS ACTUALLY HAPPENING TO US. GREAT. AND YOU CAN ACTUALLY SEE, LIKE, THEY'RE ACTUALLY HAPPY. THEY'RE LOOKING FORWARD TO IT. THEY HAVE HOPE NOW. SO, UH, I JUST THINK IT'S A GREAT OPPORTUNITY FOR EVERYBODY IN THE COMMUNITY TO, TO BE A PART OF THIS AND, YOU KNOW, DO SOMETHING NICE FOR SOMEONE WHO DEFINITELY DESERVES IT. SO, YES, SIR. THAT'S ALL I GOTTA SAY. SO WITH THAT, IS THERE A COMMISSIONER WHO'D LIKE TO MAKE A MOTION? [03:15:02] MANNA , COMMISSIONER MANNA. UM, REGARDING CASE NUMBER BO A 2 1 1 0 3 0 0 1 5 0, I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A FOUR FOOT FOUR INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK, STARTING AT THE FRONT OF THE, UH, THE FRONT OF THE HOUSE FOR 30 FEET, UM, UH, TO ALLOW A NEW CARPORT TO BE EIGHT INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 4 9 2 3 GREENWOOD DRIVE, APPLICANT BEING JONATHAN RACKER. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, YOU 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 SIDE SETBACK IS NON CONTRARY TO THE PUBLIC INTEREST, AS THE APPLICANT WAS, HAS ADEQUATE SPACE FROM THE ADJACENT STRUCTURE, TWO, DUE TO SPECIAL CONDITIONS OR LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT ANY REQUEST THAT IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP BY IMPOSING A LITTLE ENFORCEMENT, THE CARDBOARD WIDTH WOULD BE NEED TO BE ADJUSTED TO FIVE FOOT, WHICH WOULD REDUCE THE AMOUNT OF SPACE FOR PARKING A VEHICLE. THREE. BY GRANTING A 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 EXACT LETTER OF THE LAW. THE INTENT OF THE SETBACKS IS TO PROVIDE SPACE 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 IS PROPERTY FOR WHICH THE VARIANCE IS SOUGHT, IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE A OPERATION FOR USE OTHER THAN THOSE USES ALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO REDUCE A PORTION OF THE SIDE SETBACK DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES. IT DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THIS PROPERTY IS LOCATED WITHIN AN OLDER NEIGHBORHOOD, AND THERE ARE OTHER NON-CONFORMING CARPORTS ENCROACHING, UH, INTO SIDE SETBACK. THE APPLICANT HAS ADDED, UH, UM, THE, UM, THEIR E AMEN, THEIR APPLICATION TO INCLUDE THE ADDITION OF GUTTERS. SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAWD 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 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 CARPORT AND OF MOTION. IS THERE A SECOND THIEL? UH, SECOND BY COMMISSIONER THIEL. COMMISSIONER MANNA, PLEASE LEAD THE DISCUSSION. UM, SO THANK YOU VERY MUCH. UM, YOU, SO I THINK THIS IS A WONDERFUL, WONDERFUL VENTURE HERE. SO, AND I'M SURE IT'S GONNA BE, UH, WELL LOVED. UM, I THINK THAT, UH, YOU KNOW, SETTING UP, UH, WITH THE ADDITIONAL GUTTERS AND SETTING THE CONDITIONS FOR THE START AND THE END OF THE, THE, THE CARPORT AS FAR AS WHERE IT'S GONNA SIT ON THE PROPERTY. I THINK THAT GIVEN, UH, AND NO OBJECTION FROM LABORS, I'LL BE SUPPORTING THIS MOTION AS READ. COMMISSIONER THIEL. I THINK WISH SHE WILL, I'LL BE IN SUPPORT. THANK YOU. ANYONE ELSE LIKE TO ADD IN HEARING NONE? UH, STAFF, WE HAVE A MOTION AND A SECOND FOR A, UH, PROPOSED CARPORT TO BE UP TO EIGHT INCHES AWAY FROM THE SIDE PROPERTY LINE TO INCLUDE GUTTERS COMMENCING AT THE FRONT OF THE HOUSE TO EXTENDING NO LONGER THAN 30 FEET. STAFF, PLEASE TAKE A ROLL CALL VOTE. MS. KAPLAN. I COMMEND THE APPLICANT FOR THE WORK YOU'RE DOING, AND I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. I MR. CONROY, I CONCUR. MR. VASQUEZ. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. LIN. I CONCUR. MR. ZUNIGA. I CONCUR. MS. MEESE I CONCUR. MR. THIEL. 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, CONGRATULATIONS. YOU CAN GET WITH STAFF AND THEY'LL TALK TO YOU ABOUT WHAT TO DO NEXT. UM, NEXT CASE PLEASE. ITEM 10. [10. BOA-21-10300149] AGENDA ITEM NUMBER 10, BO O 8 21 DASH OH 3 1 4 9. ADDRESS IS 1 7 4 6 BLANCO 1 7 5 4 0 BLANCO AND 1 0 2 LARIAT CITY COUNCIL DISTRICT NUMBER NINE, APPLICANT IS PEDRO RODRIGUEZ. REQUEST FOR A SPECIAL EXCEPTION FROM THE FIVE FOOT MAXIMUM FENCE HEIGHT TO ALLOW AN EIGHT FOOT SOLID SCREEN FENCE IN THE FRONT YARD. CURRENT ZONING IS RESIDENTIAL SINGLE FAMILY SUBJECT PROPERTY IS LOCATED ALONG LARIAT AND BLANCO ROAD. UH, THERE [03:20:01] ARE THREE SUBJECT PROPERTIES. UH, THEY'RE ALL NEXT TO EACH OTHER. TWO THAT FACE BLANCO ROAD AND ONE FACING LARIAT ROAD. THE AING IS PROPOSING TO INSTALL AN EIGHT FOOT SOLID SCREEN FENCE ALONG THE FRONT PROPERTY LINES OF THE TWO PROPERTIES FACING BLANCO ROAD IN ORDER TO PROVIDE BUFFERING FROM THE TRAFFIC AND NOISE ON BLANCO ROAD. THE PROPERTY IS ON THE CORNER. LOT OF LARIAT ON THE CORNER OF LARIAT AND BLANCO ROAD. HAS AN EXISTING FENCE ALONG THE REAR END SIDE AND FRONT YARD. THE APPLICANT IS PROPOSING TO REPLACE THE EXISTING FENCE SINCE IT IS, SINCE IT'S NOT IN GOOD CONDITION. AND REPLACE IT WITH THE, WITH THE REPLACEMENT OF A FENCE THAT ARE REQUESTING WITH THE REPLACEMENT OF THE FENCE. THEY'RE REQUESTING TO PLACE AN EIGHT FOOT SOLID SCREEN FENCE IN ITS PLACE. THE EIGHT FOOT AND HEIGHT IS PERMITTED ALONG THE REAR PROPERTY LINE SINCE IT, SINCE IT FACES BLANCO ROAD. SO THE SPECIAL EXCEPTION IS ONLY REQUIRED FOR THE SITE AND THE FRONT YARD. SOLID SCREEN FENCE SITE PLAN, SUBJECT PROPERTY, SUBJECT PROPERTY. THIS SUBJECT PROPERTY IS 1 0 2 LARIAT. THIS IS THE ONE WHERE THE FENCE GOES ALONG THE SIDE TO THE REAR. UH, CURRENTLY HAS AN EXISTING SIX FOOT SOLID SCREEN PRIVACY FENCE. UH, IN THIS PICTURE WE'RE SHOWING A, A CHANGE IN GRADE, IN THE ELEVATION. UH, THERE'S A SIGNIFICANT DROP FROM THE SIDEWALK. UM, THIS IS THE ADJACENT SUBJECT PROPERTY. THIS IS THE FRONT OF BLANCO ROAD, THE EXISTING FRONT YARD. UM, AS YOU CAN SEE, THEY HAVE A THREE FOOT SOLID SCREEN FENCE, WHICH DOES GO BY, UH, CITY CODE. THIS IS THE OTHER SUBJECT PROPERTY, UH, FACING BLANCO ROAD SURROUNDING AREA. STAFF RECOMMENDS APPROVAL AND BO O 8 21 DASH 1 0 3 0 0 1 49 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE ADDITIONAL TWO FEET AND HEIGHT IS PERMITTED BY RIGHT ON PROPERTIES WHERE THE REAR FACES BLANCO DUE TO THE STREET CLASSIFICATION. TWO, THERE ARE SIMILAR SOLID SCREEN FENCES ACROSS THE STREET FROM THE SUBJECT PROPERTY. THREE, THERE'S A SIGNIFICANT ELEVATION CHANGE BETWEEN BLANCO ROAD AND THE SUBJECT PROPERTIES. FOUR. THE SOLID SCREEN WALL WILL ASSIST WITH SAFETY AS BLANCO'S A HEAVY TRAFFIC PRESENCE. AND FIVE, THE PROPOSED SOLID SCREEN WALL WILL NOT ADVERSELY AFFECT THE NEIGHBORING PROPERTIES. 169 NOTICES WERE MAILED OUT FORWARD, RETURNED IN FAVOR, ZERO IN OPPOSITION. THERE IS NO RESPONSE FROM CANYON CREEK ESTATES NEIGHBORHOOD ASSOCIATION. AND ONE IS IN FAVOR OUTSIDE 200 SQUARE FOOT RADIUS. THIS, THIS CONCLUDES, CAN YOU JUST, CAN YOU CLARIFY THAT? YOU HAD MENTIONED THAT THERE'S SOME EXCEPTIONS. SO THE TWO LOTS ON BLANCO, THOSE ARE IN QUESTION 'CAUSE THEY'RE IN THE FRONT YARD. BUT THE LARIO ONE THAT'S CONSIDERED THE REAR YARD, THAT'S CONSIDERED THE SIDE IN THE REAR YARD. SO ONLY THE, THE, THAT THAT HIGHLIGHT PORTION THAT'S ON THE BOTTOM THERE IS IN QUESTION. CORRECT. YEAH. SO, UH, THE, THEY'RE PERMITTED BY RIGHT TO HAVE A TALLER FENCE IN THE SIDE, IN THE REAR. BUT ON THE LARIAT AND THE CORNER LOT, THERE'S A PORTION OF THE FENCE THAT'S PASSING THE FRONT FACADE OF THE PROPERTY. SO THEREFORE IT'S CONSIDERED FRONT YARD. OKAY. I JUST WANNA MAKE SURE WE'RE CLEAR WHAT WE'RE TALKING ABOUT. SO, MANNA, I HAVE A QUESTION THERE. YEAH, GO AHEAD. ON YOUR, SO, SO I GUESS THE QUESTION WOULD BE, WHY ARE THE OTHER TWO PROPERTIES LISTED IN THIS? IF IT'S BY RIGHT. AND WHY ARE WE NOT JUST TALKING ABOUT LARIAT? OH. 'CAUSE THAT'S THEIR FRONT YARD, CORRECT. IS THAT CORRECT? YES. YES. YES, SIR. YEAH. SO THE, THE TWO ON BLANCO, IT'S ACTUALLY THEIR FRONT YARD, BUT WITH LARIAT IT'S THEIR REAR. SO THERE'S THREE PROPERTIES AREN'T THERE? YES. BUT THE, IF YOU THE HIGHLIGHT THE, THE TWO LOTS THAT GO UP BLANCO, THAT'S THE FRONT OF THE HOME. THERE'S THREE DIFFERENT HOMES. THE THIS PROPERTY RIGHT HERE, THIS IS THE, THE FRONT FACING THEIR HOUSE FACES, THE FRONT OF BLANCO, THIS SUBJECT PROPERTY, THIS IS THE FRONT YARD RIGHT HERE FACING BLANCO. THIS IS LARIAT. THEIR FRONT, THE HOUSE FACES THE LARIAT SIDE RIGHT HERE. SO TECHNICALLY THE, THE HIGHLIGHT ON THE BLANCO FRONTAGE ON LARRY, ON THE LARIAT HOME DOESN'T NEED TO BE INCLUDED IN THE APPLICATION AT ALL. IT'S NOT INCLUDED IN THE APPLICATION. IT, IT WOULD NEED TO BE INCLUDED. NO, I'M, I'M REALLY [03:25:01] CONFUSED. 'CAUSE I THOUGHT JUST YEAH, SO BY RIGHT, AREN'T THE TWO NORTHERN PROPERTIES ALLOWED FOR THE A FOOT FENCE? NO. 'CAUSE IT'S NOT THEIR REAR SIDE. IT HAS. SO, SO I THINK WHAT YOU SAID, UM, MR. ORIAN IS THAT THERE'S A, IT'S SORT OF LIKE A A, THE CURVE LINE ON THE SOUTH NEEDS CUT THE VARIANCE. YES. THIS PIECE DOES NOT, AND THEN IT GOES UP AND THAT DOES, YEAH. SO IT'S LIKE, THERE, THERE'S A, A PORTION THAT IS ALREADY ALLOWED BY RIGHT. BECAUSE THAT'S THEIR BACKYARD FENCE ABUTTING THE ROAD. THAT'S THIS RIGHT HERE, RIGHT. THAT PIECE. BUT THIS IS THEIR, THIS IS FROM THEIR SITE PLAN THAT WAS SUBMITTED. SO WE CAN'T DELETE THAT LINE OUT . OKAY. OKAY. I, OKAY. WE'LL WORK THROUGH IT. OKAY. WE'LL WORK THROUGH IT. AND THEN IS THERE, IS THERE ANY, UH, STAFF, UH, FINDINGS WITH, UH, RE UH, FOR A CLEAR VISION FOR THE TUB BLANCO WHERE IT'S THEIR FRONTAGE? IS THAT AN ISSUE BEFORE US? THERE'S NOT GONNA BE AN ISSUE. THERE'S NO CLEAR NO, NO, UH, CLEAR VISION ISSUE. THERE'S NO REVISION ISSUE. I JUST, JUST WONDERING. ALL RIGHT. THANK YOU. UH, IS, IS, UH, THE APPLICANT PRESENT? IF YOU CAN COME FORWARD AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. HI GUYS. PEDRO RODRIGUEZ. 1 7 4 6 0 BLANC ROAD. THE ADDRESS, I JUST LIKE, WE HERE, WE, WE TRY TO PROPOSE AND TO FIX THE DAMAGE FENCE AND GET BETTER FOR THE A PHOTOS. WE HAVE SOME PICTURES. WE GET THE, THE GRADING. I HAVE A LETTER FROM THE, FROM THE ENGINEERS. THE DIFFERENCE GO FROM 18 INCHES TO FOUR FOOT. SO IT'S A HUGE DIFFERENCE BETWEEN, UH, THE GRADING ON THE, THE, THE FLOOR. AND WE HAVE A PICTURE TOO IN AREA. WE HAVE A SWIMMING POOL. AND, YOU KNOW, FOR PRIVACY PURPOSE TOO, YOU CAN SEE THE LEVEL, THE SIDEWALK IS HIGHER TO THE LEVEL OF THE POOL AND, AND EVERYTHING IS, CAN SEE AND EVERYTHING. AND, AND, UH, FOR THE DRASTIC, UH, LEVEL, WHAT WE HAVE ON THE, ON THE SOIL, AND WE PROPOSE IT TO PUT A SOLID FENCE AND, AND EIGHT FOOTERS LIKE THAT. WE CAN HAVE A, A NOISE PRODUCER, A PRIVACY, WE HAVE A SAFETY TOO ISSUE. WE HAVE A, WE PROVIDE THE, UH, THE REPORTS, WHAT WE HAVE. WE HAVE A LOT OF BREAKINS, UH, IN OUR HOUSES. UH, WE HAVE STOLEN MATERIAL, PEOPLE BREAKING, UH, WE TALK WITH H O A. THE H O A, UH, PRESIDENT IS HERE. UH, UH, THEY APPROVE IT. UH, THEY, THEY SUPPORT IT. UH, THE NEIGHBOR NEXT DOOR, HE'S THE ONE TO CALL US MOST OF THE TIME BECAUSE IT'S, UH, A LOT OF CARS, UH, STOP BY IN THE NIGHTS AND ACCESS TO INSIDE TO THE HOUSE BECAUSE THEY JUST JUMPED THE FENCE AND IT'S NOTHING THERE, UH, TO STOP THEM. SO THAT'S, UH, THAT'S THE MAIN THING. WHAT WE HAVE. I HAVE SOME PICTURES HERE. WHAT I WANNA SHOW YOU SHARE WITH YOU GUYS, THE, SOME IN THE SAME COMMUNITY WE HAVE, UM, THIS IS THE LETTER FROM THE ENGINEER. OKAY. IN THE SAME, IN THE SAME AREA. JUST CROSS THE STREET. WE HAVE A, A NEIGHBORHOOD AND IT'S LIKE A SIX FOOT AND, AND LIKE A MAYBE LESS THAN HALF A MILE. WE HAVE ON THE LEFT SIDE, WE HAVE OTHER PROPERTY, THE SAME THING. AND THE RIGHT SIDE WE HAVE, UH, OTHER, OTHER, OTHER, THE SAME THING WITH THE, IT'S, I BELIEVE IT'S A APARTMENTS COMPLEX. AND IT'S A LITTLE SPACE FROM, UH, UH, SAUCE. AND, AND THEY HAVE SOLID WALL TOO. AND EIGHT FOOTER, EIGHT FOOT. AND, AND THE APARTMENTS, I BELIEVE THEY HAVE SIX FOOT, BUT YOU CAN SEE THE GR IN THERE. THE SIDEWALK IS BELOW AND THE GRAY IS, IS IS HIGHER. SO IT'S OPPOSITE THAT WHAT WE HAVE, UH, YOU CAN JUST MOVE THE JUST THAT'S A P D F. WE HAVE PICTURES. OH, THAT'S GOOD. [03:30:11] THEY GONNA SHOW THE PICTURE. AND, AND SAME THING IN BLANCO, IN THAT PICTURE, WE CAN SEE THE SLOPE AND THE SIDEWALK IS LOWER TO THE PROPERTY. UH, FROM THE APARTMENT COMPLEX IS SUCCESS FOOT, UH, SOLID WALL AND THE PROPERTY OF SAAS, BECAUSE SAAS HAVE A LITTLE, UH, SECTION THERE FOR, UH, I THINK THEY HAVE A WATER SYSTEM THERE OR SOMETHING IS EIGHT FOOTERS. THE, THE, THE WALL. UM, AND WE HAVE SOME SIMILAR THINGS. AND ANOTHER ONE WE CAN SLIDE THE, THE PICTURES THERE. UH, THAT'S BLANCO ROAD, UH, THE SAME PROPERTY, BUT YOU CAN PASS TO THE OTHER ONE. THAT'S THE, THE APARTMENT COMPLEX. UH, AND ACROSS THE STREET IN THE OTHER SIDE, WE HAVE THE SAME THING AND IN THE OTHER SIDE RIGHT THERE. UM, SO WE HAVE IN THAT AREA SIMILAR THINGS. AND THAT'S WHAT WE WANT TO DO, LIKE THAT WHEN WE CAN, YOU KNOW, CONTRIBUTION TO THE NEIGHBOR AND LOOKS BETTER. AND, AND TRAFFIC, UH, UH, WE KNOW WE, WE, THEY START THE PHASE TWO FROM BLANCO ROAD, THE EXTENSION IN 1604. AND I KNOW WE KNOW IT'S GONNA BE FIVE PHASES FOR BLANCO. SO JUST, WE WANT TO BE PREPARED FOR THE FUTURE. THIS IS THE OTHER HOUSE WHERE WE HAD THREE FOOTERS AND, AND WE HAVE THE MEASUREMENTS FROM THE TOPOGRAPHY. IF YOU WANT TO CHOP THAT ONE. THAT'S THE OTHER PROPERTY. NO, IT'S NOT THAT ONE. NO . OKAY. THAT'S, THAT'S SOMETHING WHAT WE GONNA, WE PUT IT, WE GONNA PUT IT, EVERYTHING IS GONNA BE ATTACHED AND IT'S RETURN IS BEING COMPLIANCE, UH, TO HAVE, UH, EVERYTHING READY. THE ENGINEERS AND EVERYTHING'S READY HERE. UH, THIS IS HOW WE GOING TO, UM, WE GET THESE TWO PICTURES. UM, WE WANT TO LOOK SOMETHING LIKE THAT. IT'S GONNA BE SAFETY, A PRIEST PROTECTION, AND FOR THE NEIGHBORS. OKAY. THAT PROPERTY IS IN BEATERS. AND, AND THAT'S, THAT'S THE PLAN TO HAVE THE, THE WALL AND, AND THE GATE AND EVERYTHING LIKE THAT. WE CAN PROTECT EVERYTHING AND FROM THE PROPERTIES. OKAY. AND, AND YOU'RE PROPOSING TO USE THOSE TWO FOOT BY TWO FOOT BUTTER BARS? THE LAND LIMESTONE BLOCK BARS? YEAH. IT'S GONNA BE CONCRETE BLOCKS, TWO BY TWO BY TWO BY FIVE. OKAY. THANK YOU. SO WITH THAT IS, UH, ANYONE, SENATOR TO SPEAK ON THIS? WE DO HAVE, UM, A COUPLE PEOPLE SIGNING IN TO SPEAK AND A VOICEMAIL TO PLAY. OKAY, SIR, IF YOU COULD, UH, PLEASE TAKE A SEAT. WE'RE GOING TO HEAR THAT OUT AND THEN WE'LL HAVE SOME QUESTIONS. DENNIS MEANS. WELL, GOOD AFTERNOON. DENNIS MEANS 1 0 7 LARIAT. I'D LIKE TO SPEAK, UH, IN TWO MODES. ONE IS A OWNER OF A RESIDENCE WITH THE 200 FEET OF THE PROJECT, UM, AT 1 0 7 LARIAT ON, UH, THE, UH, EAST SIDE, UH, THE PROJECT. AND I'M IN FAVOR OF IT. UH, THE CURRENT FENCE, AS YOU SAW, IS, UH, DILAPIDATED FALLING DOWN. AND THIS WILL LOOK MUCH BETTER AND PROVIDE MORE SECURITY FOR THAT PROPERTY. AND SECONDLY, AS AN H O A PRESIDENT OF CANNING CREEK ESTATE, I'M HERE. UH, WE HAD A, WE CONDUCTED OUR ANNUAL MEETING LAST WEEK WHERE MR. RODRIGUEZ AND HIS WIFE, UH, PRESENTED THE PLAN AND THERE WAS A DISCUSSION, QUESTIONS AND ANSWERS. AND IT WAS A, A UNANIMOUS APPROVAL OF THE PROJECT FROM THE H O A AND THE MEMBERS. OH, THANK YOU. WONDERFUL. THANK YOU. MICHAEL ULMER. MICHAEL ULMER AND I, I LIVE AT 1 7 5 4 8 BLANCO ROAD. UH, WE ARE IN FAVOR OF THIS, UH, AND WE ALSO OWN THE PROPERTY AT 1 0 1 LARIAT. SO WE HAVE TWO VIEWS OF, OF, UH, MR. RODRIGUEZ'S PROPERTY. THE ONLY CAVEAT THAT I WOULD HAVE WITH THIS IS THOSE ARE NOT BUTTER STICK, UH, LIMESTONE CUT BLOCK. THEY'RE ACTUALLY CONCRETE. SO I THINK WE SHOULD BE ABLE TO HOPEFULLY WORK WITH, WITH MR. RODRIGUEZ AND MAKE IT A LITTLE MORE AESTHETICALLY PLEASING RATHER THAN AN EIGHT FOOT HIGH STACK CONCRETE BLOCK. UH, BUT THAT IS MUCH MORE IMPROVED THAN WHAT IS THERE NOW, FOR SURE. AND OF COURSE, SOUND ATTENUATION, UH, FOR THE TRAFFIC ON LAKE A ROAD. SO ANYWAY. ALL RIGHT. THANK YOU VERY MUCH. THANK YOU. [03:35:02] AND THERE'S A VOICEMAIL TO PLAY. HELLO, MY NAME IS . I'M PRESIDENT OF THE CREEK WEST PROPERTY OWNERS ASSOCIATION. I'M CALLING IN REFERENCE TO THE CASE THAT WILL BE HEARD TODAY. IT'S CASE NUMBER 2 1 1 0 3 0 0 1 4 9 REGARDING, UH, FENCE ON BLANCO ROAD. UM, THE NOTICE THAT WE RECEIVED DID NOT SPECIFY THE EXACT LOCATION OF FENCE OR THE MATERIALS FOR THE FENCE, ONLY THE HEIGHT. UH, THERE WAS A MAP THAT SHOWED A BOUNDARY, BUT IT DIDN'T SHOW THE EXACT LOCATION. SO THERE IS AN EXISTING FENCE, BUT IT'S SET WAY BACK FROM THE ROAD. IF THE INTENT IS TO REPLACE THAT EXISTING WOOD FENCE THAT'S SET BACK TO, WE HAVE NO ISSUE WITH THAT. HOWEVER, IF THE INTENT IS TO BUILD THAT EIGHT FOOT FENCE NEXT TO BLANCO ROAD AND THE HOMEOWNER'S ASSOCIATION OBJECTS, UH, THAT FENCE WOULD BE TOO CLOSE TO THE ROAD. THE FENCE WOULD BE, UH, MUCH TOO HIGH. IT WOULD BE SIMILAR TO THE FENCES, UH, SURROUNDING LIGHT CHOKE YARDS AND THINGS LIKE THAT. AND THAT WOULD NOT BE ACCEPTABLE TO THE HOMEOWNERS ASSOCIATION. UH, IF YOU HAVE ANY QUESTIONS, YOU CAN CONTACT ME, DON YORK, PRESIDENT OF H O A, OR EMAIL IS DONYORK@OUTLOOK.COM OR 2 1 0 2 7 3 3 9 5 6. THANK YOU. ALL RIGHT. UH, SO IF WE CAN HAVE THE APPLICANT COME BACK UP, UH, IF THERE'S ANY QUESTIONS FOR THE APPLICANT, ANYONE? UM, HEARING NONE, I ACTUALLY HAVE A QUESTION FOR THE PRESIDENT OF THE NEIGHBORS ASSOCIATION. OKAY. YES, SIR. SO, SO LOOK AT IT. LOOK AT IT. THE ENTRANCES INTO THE COMMUNITY. IT LOOKS LIKE THEY'RE, YOU KNOW, AND A LOT OF THE PROPERTY THERE, THEY'RE ALMOST ALL PREDOMINANTLY OPEN, UH, WITH REGARDS TO FENCING AND REALLY ANY STRUCTURES THERE. AND SO IT LOOKED LIKE THIS IS THE KIND OF INTRODUCTION OF A, OF A FENCE. SO, UM, COMING INTO THE NEIGHBORHOOD, WE, SO, UH, HAVING AN EIGHT FOOT FENCE IN A FRONT YARD IS, IS SOMETHING THAT WE DON'T SEE ALL THAT OFTEN. UM, AND SO, SO JUST CONFIRMING THAT, YOU KNOW, YOU ALL HAVE HAD THAT DIALOGUE AND YOU'RE GOOD WITH THIS GOING YES. INTO THE NEIGHBORHOOD. OKAY, WELL, YES, BUT I THINK IT'S KIND OF MISLEADING IN THIS PICTURE HERE. IF YOU CAN GO BACK TO THE PROPOSAL, UH, THE FENCE WOULDN'T BE RIGHT ALONG BLANCO. UH, THAT'S ACTUALLY TEXAS HIGHWAY 26 96. SO THE SETBACK, I'M NOT SURE HOW FAR IT IS, BUT YOU CAN SEE WHERE THE CURRENT FENCES ARE NOW. I'M ASSUMING THAT'S WHERE THE NEW FENCE WOULD BE CONSTRUCTED. SO IT'S QUITE A WAYS BACK FROM THE ROAD AND FROM THE, UH, AT THE CORNER THERE AT L BLANCO, YOU'D HAVE SIGHT LINES WOULD BE SAFE. UH, SO YES, THAT'S A GOOD QUESTION. IT WOULD NOT BE UP CLOSE ENOUGH HIGH. IT'D BE DOWN IN THE LOWER PORTION, UH, WHERE THE CURRENT SETBACK ALLOWS IT BECAUSE OF THE TECH, UH, THE HIGHWAY, UH, RIGHT AWAY. RIGHT. WELL, IT'S JUST THAT HOOK ON THAT ONE PICTURE COMING DOWN. THAT'S A QUESTION THAT, THAT I'VE HAD WHEN I LOOKED AT IT. IT'S LIKE, WOW, THEY'RE COMING INTO THE NEIGHBORHOOD THEN AT THAT POINT. AND SO, BUT IF YOU'RE GOOD WITH IT, THEN YEAH, WE ARE. THANK YOU. THANK YOU. IS THERE ANY OTHER QUESTIONS? I DO HAVE A QUESTION. I DID. I, WELL, SIR, SIR, WE, UM, WHY DON'T YOU STEP UP TO THE PODIUM. UH, WE DON'T NORMALLY DO THIS, BUT I WILL, UM, GIVE YOU, I DON'T, I DON'T THINK ANYBODY ADDRESSED THE, THERE IS A, UH, SUBDIVISION ENTRANCE SIGN AT THE CORNER AND IT'S, IT'S GONNA BE MUCH LOWER THAN THE FENCE. I DON'T KNOW IF THEY'VE ADDRESSED HOW THAT'S GONNA INTERFACE WITH THAT. OKAY. HOLD ON. WE'RE NOT, WE'RE NOT DELIBERATING ON THIS STUFF HERE IN THE GALLERY, BUT IF THERE'S ANY, UH, COMMISSIONERS THAT HAVE A QUESTION ABOUT THAT, UM, THEY CAN WELCOME TO ASK. UH, IS THERE ANY COMMISSIONERS THAT HAVE ANY QUESTIONS? CONROY COMMISSIONER CONROY? SO, UH, TO PREFACE MY QUESTION, JUST TO BE CLEAR, ALL OF THESE PROPERTIES ARE SUBJECT TO A HOMEOWNER'S ASSOCIATION AGREEMENT OVERRIDING THE RIGHTS OF THE OWNER, RIGHT? SO, UM, WE ARE HERE TODAY TO TALK ABOUT THE HEIGHT OF THE FENCE. WE'RE NOT HERE TO TALK ABOUT, ITS ITS APPEARANCE. WE'RE NOT HERE TO TALK ABOUT HOW FAR IT HAS TO BE SET BACK OR ANYTHING LIKE THAT AT ALL. RIGHT? THE, THE TWO THINGS IS THAT, UH, IF YOU BUILD A FENCE, UH, THERE HAS TO BE CLEAR VISION. BUT THE, THE PROPERTY LINE IS SO FAR BACK FROM THE EDGE OF ASPHALT THAT IT'S NOT AN ISSUE WITH CLEAR VISION. SO, UM, I HAVE, I DO HAVE A QUESTION FOR THE APPLICANT. UH, DID YOUR, DID YOUR HOAS, THEY FORMALLY APPROVE THIS? YES. LIKE IN WRITING, UM, LIKE YOU SUBMITTED TO LIKE AN A C C OR SOMETHING AND THEY APPROVED IT. WE HAVE A, I'LL LET THE, UH, H O A REP TALK. YEAH, IT IS, BUT YOU HAVE TO BE ADVISED, WE ARE 37 HOMES. IT'S A VOLUNTARY H O A. OH, OKAY. OKAY. SO THE POWER IS IMMENSE THAT WE WILL, OKAY. . OKAY. UH, THANK YOU VERY MUCH. UH, IF THERE'S A COMMISSIONER THAT WOULD [03:40:01] LIKE TO HAVE, UH, MAKE A MOTION ON THIS, UM, HAVE AT IT. I'LL DO IT. I HAVEN'T DONE ONE ALL DAY. . SO, REGARDING CASE NUMBER BO O A 21 DASH 1 0 3 0 1 49, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, A SPECIAL EXCEPTION FROM THE FIVE FOOT MAXIMUM FENCE SITE TO ALLOW AN EIGHT FOOT SOLID SCREEN FENCE IN THE FRONT YARD, SITUATED AT 1 0 2 ARIAT 1 7 4 6 OH BLANC ROAD AND 1 7 5 4 OH BLANC ROAD. APPLICANT BEING PEDRO RODRIGUEZ. BECAUSE THE TESTIMONY PRESENTED US, AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH A, THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN, IN UNNECESSARY HARDSHIP. SPECIFICALLY, YOU FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATE THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR OFFENSE HEIGHT MODIFICATION. THE ADDITIONAL HEIGHT IS INTENDED TO, TO PROVIDE ADDITIONAL SAFETY AND PRIVACY FOR THE PROPERTY AS ARE FACING A HIGHLY TRAFFICKED ARTERIAL ROAD. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE SIZE TO PROTECT RESIDENTIAL PROPERTY OWNERS BY STILL PROMOTING A SENSE OF COMMUNITY. AND EIGHT FOOT SOLID GREEN FENCE ALONG THE FRONT YARD ON THE PROPERTIES FOR BLANCO DOES NOT POSE ANY ADVERTS EFFECT TO THE PUBLIC WELFARE AS THERE IS NO ISSUE WITH, UH, CLEAR VISION. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE BOARD FINDS ITS DEFENSE WILL CREATE ENHANCED SECURITY FOR THE SUBJECT. PROPERTY IS UNLIKELY TO INJURE ADJACENT PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACT OF THE DISTRICT AND THE LOCATION, WHICH THE PROPERTY, WHICH A SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL HEIGHT FOR THE SECTION OF THE FRONT YARD WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND WILL PROVIDE SECURITY OF 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 A CURRENT USE OF A SINGLE FAMILY HOME. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. SECOND, UH, THERE'S A SECOND BY COMMISSIONER MIN. ALL RIGHT. UH, I'LL GO AHEAD AND LEAD. UH, I, I TAKE NO ISSUE WITH THIS. I, I DRIVE DOWN THE STREET PRACTICALLY EVERY DAY TO GO TO H E B. AND, UH, I CAN DO TELL YOU THAT THE SLOPE DOES DROP THERE. THE, THE PROPERTY LINE AND THE EXISTING FENCE LINE IS VERY FAR REMOVED FROM BLANCO ROAD, WHICH IS A HEAVILY TRAVELED STREET. A LOT OF PEDESTRIANS, A LOT GOING ON THERE. AND, AND I COULD SEE THE WHY AN EIGHT FOOT FENCE WOULD, WOULD BE DESIRED, UH, ESPECIALLY ALONG BLANCO. AND SINCE THE H O A, UH, UH, IS NOT OPPOSED, I SEE NO ISSUE WHY I SHOULD BE. SO I'LL BE IN SUPPORT. COMMISSIONER MANNA, I CONCUR WITH MY COLLEAGUE. THANK YOU. IS THERE ANYONE ELSE LIKE TO ADD HEARING NONE. STAFF, PLEASE TAKE A ROLL. I DRIVE ALONG THAT ROAD TOO. OH, YOU DO? AND I WILL TELL YOU THAT IT WILL BE A BIG IMPROVEMENT. SO THANK YOU FOR, FOR DOING IT. THANK YOU. THANK YOU. COMMISSIONER KAPLAN. THANK YOU. UH, STAFF ROLL CALL. VOTE PLEASE. MS. KAPLAN. I CONCUR. MR. ALBERT. I CONCUR. MR. CONROY. I CONCUR. MR. VASQUEZ. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. LIND. I CONCUR. MR. ZUNIGA. I CONCUR. MS. MEESE? 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 UNANIMOUSLY. UH, WE CAN GET WITH STAFF AND THEY'LL TALK TO YOU ABOUT WHAT TO DO NEXT. THANK YOU. THANK YOU. UH, ITEM NUMBER [11. BOA-21-10300152] 11. BLESS YOU. AGENDA ITEM NUMBER 11, BOE 21 DASH 1 0 3 0 0 1 5 2. ADDRESS IS THIRTY NINE OH SIX CORDOBA CREEK CITY COUNCIL DISTRICT NUMBER 10. APPLICANT IS GONNA BE AMANDA COROLLO. UH, REQUESTS FOR ONE A FOUR FOOT EIGHT INCH VARIANCE FROM THE FIVE FOOT MINIMUM SITE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE TO BE FOUR FOUR INCHES FROM THE SIDE PROPERTY LINE TO A FOUR FOOT FOUR INCH VARIANCE FROM A FIVE FOOT MINIMUM REAR SETBACK REQUIRED TO ALLOW AN ACCESSORY STRUCTURE TO BE EIGHT INCHES FROM THE REAR PROPERTY LINE. AND THREE, A FIVE FOOT SIX INCH VARIANCE FROM THE SIX FOOT MAXIMUM FENCE HEIGHT TO ALLOW AN 11 FOOT SIX INCH FENCE IN THE REAR YARD. ZONING IS GONNA BE RESIDENTIAL SINGLE FAMILY 11 FOOT SIX. WHAT IS THE MAXIMUM THE B O A CAN APPROVE? IT CANNOT SURPASS 12 FEET. OKAY, THANK YOU. UM, SUBJECT PROPERTY IS LOCATED ALONG CORDOBA CREEK. THERE IS CURRENTLY A SINGLE FAMILY RESIDENCE CONSTRUCTED ON THE PROPERTY. THE APPLICANT IS REQUESTING TO KEEP TWO ACCESSORY STRUCTURES THAT ARE CURRENTLY ERECTED IN THE REAR OF THE PROPERTY. THE STRUCTURES ARE CURRENTLY FOUR INCHES FROM THE SIDE PROPERTY LINE AND EIGHT INCHES FROM THE REAR PROPERTY LINE. THE ACCESS, THE ACCESSORY STRUCTURES ARE CONSIDERED FENCING AS THEY'RE BEING USED AS SCREENING FROM ADJACENT TIES. THE FENCING IS 11 FOOT SIX INCHES IN HEIGHT AND IS BEING USED TO ASSIST WITH PRIVACY FOR A SWIMMING POOL LOCATED, UH, ON THE SUBJECT PROPERTY. THE UNIQUE FEATURE OF THE LOT INCLUDES THAT IT IS A BUDDING, A VACANT COMMERCIAL LOT TO THE [03:45:01] REAR OF THE PROPERTY. AND THERE'S A CIVIC, A SIGNIFICANT CHANGE IN, UH, TOPO TOPOGRAPHY. TOPOGRAPHY, , TOPOGRAPHY. TOPOGRAPHY. THANK YOU KAT TOPOGRAPHY, UH, TO THE REAR OF THE PROPERTY SITE PLAN. SORRY, IT'S GETTING LATE. UH, SUBJECT PROPERTY 39 0 6 SQUARE DOUBLE CREEK STRUCTURE TO THE REAR OF THE YARD. SO THESE ARE THE STRUCTURES. UM, SO IT'S 20 FEET, TWO INCHES IN LENGTH, 11 FOOT FOUR INCHES IN HEIGHT, AND IT'S FOUR INCHES FROM THE SIDE PROPERTY LINE. AND THIS IS GONNA BE THE REAR OF THE YARD. SO THERE'S, UH, ONE STRUCTURE'S BUILT ON EACH END OF THE PROPERTY. AND THEN IT'S GONNA BE COMMERCIAL VACANT LAND TO THE BACK OF IT, UH, PROPERTY EIGHT INCHES FROM THE REAR. UM, AND IN THIS PICTURE YOU CAN SEE THE SIGNIFICANT CHANGE IN GRADE JUST BY LOOKING AT THE FOUNDATION OF THAT HOUSE STAFF. UH, RECOMMENDATION FOR THE SIDE AND REAR SETBACK VARIANCE STAFF RECOMMENDS APPROVAL AND BO O A 21 DASH 1 0 3 0 0 1 52 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE PROPERTY IS THE BUDDING OF VACANT COMMERCIAL, COMMERCIALLY ZONED PROPERTY TO THE REAR. TWO. THERE ARE OTHER SIMILAR STRUCTURES IN THE AREA. AND THREE, THE ACCESSORY STRUCTURE WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES. FENCE, HEIGHT, VARIANCE FAN STAFF IS RECOMMENDING DENIAL WITH AN ALTERNATE RECOMMENDATION TO ALLOW AN EIGHT FOOT TALL SOLID SCREEN FENCE IN BO O A 21 DASH 1 0 3 0 0 1 5 2. BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE FENCE IS CURRENTLY STANDING AT 11 FEET, SIX INCHES TALL, WHICH IS SEE, WHICH EXCEEDS THE MAXIMUM FENCE HEIGHT OF FIVE SIX INCHES. AND TWO, REDUCING THE HEIGHT OF THE FENCE TO EIGHT FEET WILL STILL PROVIDE SECURITY TO THE REAR OF THE YARD WHILE MAINTAINING THE ESSENTIAL CHARACTER OF THE DISTRICT. UM, BEFORE YOU COMPLETE YOUR PRESENTATION, CAN YOU PLEASE GO BACK TO THE PICTURE THAT SHOWS THE TWO STRUCTURES THAT ARE, THAT WE ARE AND, AND AND WHAT ARE THEY EXACTLY? SO THEY WERE ERECTED. UM, I BELIEVE THEY'RE GONNA BE USED FOR SOME TYPE OF LIKE, SCREENING FOR THE, FOR THE POOL IN THE BACK OF THE YARD. SO THAT, THAT TALL BLACK POST THAT'S NEXT TO THE WOOD FENCE, THAT'S THE STRUCTURE THAT'S THAT THEY'RE ASKING FOR A SETBACK VARIANCE ON. THAT'S NOT GONNA BE ANOTHER FENCE. IT'S IT'S NOT ANOTHER FENCE. OKAY. THAT'S WELL, IT, IT'S, IT'S BOTH, IT'S, I MEAN, IT'S CONSIDERED A FENCE 'CAUSE IT'S, IT'S PROVIDING SOME TYPE OF PRIVACY. BUT, BUT DOES THAT MAKE IT A FENCE SPECIAL EXCEPTION OR A VARIANCE FOR AS AN ACCESSORY STRUCTURE? THAT, THAT'S WHAT I'M CONFUSED ABOUT. SO IT'S BOTH A STRUCTURE, RIGHT? SO, UH, BECAUSE IT, IT'S GONNA REQUIRE A PERMIT IN ORDER FOR IT TO BE BUILT, BUT IT'S ALSO, UM, GOING TO BE UTILIZED AS SCREENING. SO WE ALSO CALL IT A FENCE BECAUSE IF WE DIDN'T, THEN A LOT OF PEOPLE WOULD BE BUILDING THESE THINGS, GETTING AWAY FROM THE FENCE HEIGHT RESTRICTIONS. SO WE TREAT 'EM AS BOTH. UM, AND THE WAY IT'S ADVERTISED IS A VARIANCE. IT'S A VARIANCE. SO THIS, BUT THIS ITEM THAT'S IN THIS PICTURE IS, THAT'S NOT THE, IS THAT THE SUBJECT OF THE 11 FOOT SIX FENCE SITE? THAT'S, THAT'S THE PART THAT'S 11 SIX. SO IF HE DOESN'T, I JUST DON'T UNDERSTAND HOW IT COULD BE BOTH. THAT'S, THAT'S ALL. I JUST WANTED TO MAKE SURE THAT WE'RE, BECAUSE IT CAN BE CONSIDERED SORT OF LIKE A WALL OR, AGAIN, NOT A FENCE, BUT A WALL, UM, A DECORATIVE WALL, UH, LIKE A, UM, TO PUT STUFF ON. RIGHT. BUT YOU CAN'T, AND YOU COULD GET A PERMIT FOR THAT KIND OF STRUCTURE SO LONG AS IT'S NOT ENCROACHING INTO A SETBACK. OKAY. SO WHAT IS, SO, BUT BECAUSE THEY'RE ALSO USING IT FOR SCREENING, WE ALSO CALL IT A FENCE. AND THEN WHAT IS THE OTHER ITEM THAT'S BEFORE US? IS IT THAT PER, IT WAS FOR THE SETBACK AND THEN FOR THE HEIGHT. BUT THERE WAS A THIRD, THERE WAS, THERE WAS TWO ITEMS. UH, THERE'S ANOTHER VARIANCE. THERE'S TWO SETBACKS. ONE, WELL, THE SIDE AND REAR SETBACKS. OH, FOR THAT SAME STRUCTURE. THE SAME STRUCTURE, YES, SIR. OKAY. ALL RIGHT. QUESTION FOR SAD AS WELL. SO THAT PICTURE RIGHT THERE. PERFECT. UH, SO, SO THAT'S THE SAME. SO THAT'S A, UH, DUPLICATE STRUCTURE ON THE OTHER SIDE OF THE PROPERTY? THAT'S CORRECT. CORRECT. YES, SIR. AND THEN ON THE OTHER SIDE, SO THAT HIGHER STRUCTURE THAT LOOKS LIKE IT'S 10 FEET TALL OR 12 FEET TALL, OR, OR JUST UNDER THAT, THAT'S ON THE NEIGHBORING PROPERTY. THE, THE, THE, GO BACK TO THE, YEAH, THAT ONE RIGHT THERE. SO YEAH, THERE, THERE IS A, A SIMILAR STRUCTURE. I, IRONICALLY IT'S RIGHT NEXT DOOR. [03:50:01] OKAY. AND IT'S SIMILAR IN SIZE. IT'S, OKAY. PERFECT. THAT, THAT, THAT LOOKS LIKE A, LIKE A DECKING. YEAH. THE, THE ONLY DIFFERENCE IS THAT THE, A STRUCTURE NEXT DOOR, I BELIEVE IT'S ATTACHED TO THE HOUSE. OKAY. OKAY. WHEREAS THIS ONE IS DETACHED. OKAY. OKAY. THANK YOU. AND THEN ONE QUICK QUESTION, IS THAT SWIMMING POOL MORE THAN THREE FEET AWAY FROM THAT FENCE? I'M JUST WONDERING IF THAT SHOULD BE PART OF THIS AS WELL. 'CAUSE I KNOW THAT YOU CAN'T BUILD POOLS. I, I DIDN'T THINK, I THOUGHT IT WAS THREE FEET. IT'S THE WATER LINE, NOT THE, OH, NOT THE ACTUAL PAVEMENT. OKAY. JUST CHECKING. ALL RIGHT. SO THERE'S, UH, ANY OTHER CLARIFICATION QUESTIONS FROM THE COMMISSION? NO. ALL RIGHT. UH, IF WE CAN HEAR FROM THE APPLICANT. OKAY. WE DIDN'T FINISH. OKAY. SO THERE WERE 17 NOTICES, UH, MAILED OUT. THERE WAS ACTUALLY, UM, ONE THAT WAS RE UH, RETURNED LATE IN FAVOR. UH, WE WEREN'T ABLE TO ADD IT, BUT THERE WAS, THAT WAS ONE THAT WAS RETURN IN FAVOR, ONE CAME IN OPPOSITION, AND THERE'S BEEN NO RESPONSE FROM THE VALENCIA ENCLAVE NEIGHBORHOOD HOMEOWNERS NEIGHBORHOOD ASSOCIATION. HOW WAS THIS CASE ORIGINATED? UH, I BELIEVE IT WAS A CODE CASE. AND, AND, UH, THE, THE COMMERCIAL TO THE REAR, THAT'S ACTUALLY A DRAINAGE EASEMENT. NOT NECESSARILY IT'S ZONE C TWO, BUT IT'S ACTUALLY A, A, A FUNCTIONING DRAINAGE EASEMENT, CORRECT? I BELIEVE IT IS. YEAH. I, I'M NOT SURE IT'S, ANYTHING'S GONNA BE BUILT ON IT. THAT'S WHAT IT LOOKS LIKE. ALL RIGHT. THANK YOU. MM-HMM. , UH, IF THE APPLICANT PLEASE COME FORWARD, STATE YOUR NAME AND ADDRESS FOR THE RECORD. SURE. UM, AND BEGIN THE PRESENTATION. AMANDA ESPARZA CARLO. UM, MY ADDRESS IS THIRTY NINE ZERO SIX CORDOBA CREEK. AND WHAT WE'RE REQUESTING IS, UM, I KNOW THE APPLICATION SAYS FENCE, BUT IT'S ESSENTIALLY A PERGOLA. AND THAT'S THE STRUCTURE THAT YOU SEE ANY SORT OF COVERING WOULD BE EITHER A CURTAIN THAT YOU OPEN OR CLOSE. IT WOULD BE OPEN MOST OF THE TIME. AND WHENEVER WE'RE OUT THERE, IT WOULD BE LIKE A SHEER TYPE OF COVERING. THERE ARE OTHER HOMES IN THE AREA WITH A MORE PERMANENT SUNSCREEN. UH, AND WE HAVE PHOTOS THAT WE SUBMITTED, UM, WHERE IT GOES DOWN THE ENTIRE FENCE LINE. IT'S WELL ABOVE THE, UH, FENCE LINE AS WELL. AND SO THAT'S ESSENTIALLY WHAT WE'RE ASKING FOR. UM, EACH STRUCTURE IS UNDER 300 SQUARE FEET. SEE HOW THERE ARE, THAT'S AN EXAMPLE OF A STRUCTURE RIGHT ON THE FENCE LINE. AND SO, UM, REALLY TRULY, UM, THE WAY THAT THIS ALL GOT STARTED IS THAT WE JUST DIDN'T KNOW WHAT IT WAS. JUST LIKE YOU WERE CONFUSED. IS IT A FENCE? IS IT, WHAT IS THIS? BECAUSE IT, IT ISN'T PERMANENTLY CLOSED, IT'S OPEN. IN FACT, I KNOW THAT THERE'S THOSE BARS THAT GO ACROSS. WE'RE GONNA BE REMOVING IT. SO IT'S EVEN MORE OF AN OPEN STRUCTURE. SO THERE ISN'T AN, UH, IMPEDIMENT TO ANYONE'S VIEW GOING THROUGH. THE ONLY TIME WOULD BE WHEN WE'RE OUT THERE AND WE MAYBE CLOSE THOSE, UM, UH, CURTAINS IF YOU, I DON'T KNOW WHAT ELSE TO CALL IT OTHER THAN LIKE A SHUN SUN SHADE OR SOMETHING LIKE THAT. UM, THERE IS A HOME, UH, LET'S SEE, IT IS EIGHTEEN SEVEN EIGHTEEN CORDOBA MESA. SO THAT, THAT'S AN EXAMPLE OF A TRELLIS THAT'S RIGHT ON THE FENCE LINE. AND SO THEORETICALLY THAT PLANT WOULD GROW AND IT WOULD BE COMPLETELY COVERED. WE'RE NOT DOING ANY, ANYTHING LIKE THAT. UM, WITH RESPECT TO OUR STRUCTURE. OKAY, SO THIS HOME, UM, IS 18, UH, SEVEN 18 CORDOBA MESA. SO THAT STRUCTURE GOES ALL THE WAY DOWN THE FENCE LINE. UM, I HAVE AN EVEN BETTER PICTURE THAN THAT TO SHOW AN EXAMPLE OF A HOME WITH A STRUCTURE. I DUNNO IF YOU . SO THIS IS, THIS IS ACTUALLY A PHOTO FROM MY NEIGHBOR WHO LIVES ON THIS SIDE. UM, SEE HOW, YOU CAN SEE HOW IT'S SIGNIFICANTLY HIGHER THAN THAT FENCE HEIGHT. IT'S RIGHT ON THE FENCE LINE AS WELL. AND THE ONLY TIME THAT IT'S AWAY FROM THE ACTUAL FENCE LINE IS DUE TO THAT PLANT STRUCTURE, BUT IT GOES ALL THE WAY DOWN THE OTHER FENCE LINE AS WELL. SO, AND IF YOU SEE HOW THAT'S A SHEER TYPE OF SUNSHADE. UM, AND SO THAT'S ESSENTIALLY WHAT WE'RE REQUESTING THE VARIANCE FOR. DO YOU HAVE ANY QUESTIONS FOR ME? UM, WELL FIRST WE'RE GONNA FIND OUT IF THERE'S ANYBODY, WELL, THERE'S NO ONE HERE, SO IS THERE ANY AND, AND THERE VOICEMAILS TO PLAY OR ANYTHING? NO. OKAY. ANY, UH, QUESTIONS FROM THE COMMISSION? AND THERE WERE TWO APPROVALS. I KNOW THERE WAS ANOTHER ONE THAT CAME IN LATE AS WELL. COMMISSIONER MANNA. SO THIS QUESTION'S ACTUALLY FOR STAFF. SO, SO WE TALKED ABOUT, [03:55:01] SO IT WAS A PERGOLA, UM, OFFENSE. SO, SO JUST TRYING TO GO DOWN, YOU KNOW, 'CAUSE I KNOW THAT YOU GET A REQUEST FOR A PERGOLA THAT'S A SEPARATE FROM A REQUEST FOR A FENCE, UH, FOR FROM A COATING. SO THE PERGOLA, ARE YOU TALKING ABOUT JUST LIKE A, LIKE A SHADE STRUCTURE? YEAH. OKAY. THAT REQUIRES A, A PERMIT FOR A SHADE STRUCTURE. ABSOLUTELY. UM, YOU COULD HAVE, SO WE HAVE ALREADY MADE A DETERMINATION THAT, UM, THE LATTICE THAT YOU ATTACH TO FENCES TO GROW, UH, VINES ON ALSO ARE CONSIDERED A FENCE. IT WOULD NEED A VARIANCE BECAUSE THE WHOLE PURPOSE IS TO SCREEN. UM, SO GIVEN THAT WE HAVE THESE PICTURES AND PROPERTIES THAT HAVE THESE STRUCTURES, WE HAVE A LOT OF PROPERTIES TO VISIT TO SEE IF THEY PULL PERMITS. . WELL, SO PERES, I KNOW THE PERESS REQUIRE A PERMIT IF IT'S, YOU KNOW, SO THAT IS ONE OF THE STRUCTURES, BUT, BUT REALLY GOING DOWN THE DIALOGUE OF THE FENCING THING. AND SO, YOU KNOW, SO IF I HAVE A CLOTH SCREEN ON MY PERGOLA, DOES THAT MAKE IT A FENCE NOW VERSUS, YOU KNOW, NOT NECESSARILY. SO, AND AGAIN, IT ALSO DEPENDS ON THE SIZE OF THE PERGOLA. SO IF IT'S LESS THAN 300 SQUARE FEET, THOSE DON'T REQUIRE PERMITS. RIGHT. BUT YEAH, NO, YOU CAN PUT CURTAINS ON THOSE. THAT'S NOT CONSIDERED BECAUSE THAT, THAT'S AN ACCESSORY STRUCTURE, IF YOU WILL. RIGHT. BUT I MEAN, A, A WALL WITH THE PURPOSE OF BEING USED AS A FENCE IS, IS SOMETHING DIFFERENT. AND IT'S A STRUCTURE AND A SETBACK. AND E EACH IS UNDER 300 SQUARE FEET. SO, OR TOTAL OF IT AS WELL. SO IN THE, IN THE ATTACHMENT PACKET, THERE'S A SITE PLAN. IT LOOKS LIKE IT'S FROM A TITLE SURVEY. CAN YOU BRING THAT UP? AND, AND THEN LET ME CLARIFY. STRUCTURES THAT ARE LESS THAN 300 SQUARE FEET DON'T REQUIRE A PERMIT, BUT YOU STILL HAVE TO COMPLY WITH THE SETBACKS, RIGHT? YES. AND THAT'S WHY WE'RE HERE. OKAY. RIGHT. BUT SO, BUT MY QUESTION IS REALLY ABOUT, YOU KNOW, DIFFERENTIATING FENCING VERSUS A, A PERGOLA AGAINST THE WALL. YOU KNOW, SO, SO, AND MAYBE THERE ISN'T A DIFFERENCE HERE. IT'S STILL DIALOGUE. IT STILL IS SET. IT DEPENDS ON THE PERMANENCY OF THAT, OF THAT SHADE OR THE WALL, IF YOU WILL. OKAY. I HAVE A QUESTION. UH, COMMISSIONER KAPLAN? YES. UM, SO YOUR NEIGHBORS, HAVE THEY GONE THROUGH, DO THEY HAVE PERMITS FOR THESE? DO THEY, DID THEY GET VARIANCES? I HAVE NO IDEA. THE STAFF AND THE H O A WILL NOT PROVIDE ME ANY INFORMATION WITH RESPECT TO THAT. AND FROM WHAT I UNDERSTAND IS EVEN IF THEY APPROVED A PRIOR STRUCTURE, IT DOESN'T NECESSARILY MEAN THAT WE WILL WILL BE APPROVED AND THEY'RE REQUIRING US TO GET THE VARIANCE FIRST BEFORE WE SUBMIT IT. ARE YOU IN A MANDATORY H O A I AM. OKAY. ALRIGHT. SO, UM, WE HAVE A SIDE PLAN UP ON THE SCREEN. UH, WHAT YOU'RE PROPOSING IS THIS, THIS STRUCTURE SLASH FENCE ONLY ON THE SIDES IN THE REAR YARD OR YOUR HOME? NOT ALONG THE BACK, JUST ALONG THE SIDES. NO, AS IS EXACTLY THE BLACK STRUCTURE THAT YOU SEE. IT'S NOT GETTING ANY, ANY LONGER. OKAY. THAT, THAT'S IT. I JUST WANT, IT'S FOR THE BENEFIT OF WHOEVER MAKES THIS MOTION, IF THEY'RE AWARE OF WHAT YOU'RE WANTING TO DO. UM, SO, OKAY. IS THERE ANY QUESTION, OTHER QUESTIONS? ALBERT AND MR. UNA? YEAH, IF SO, IF THE VARIANCE IS APPROVED, UM, WOULD THERE HAVE TO BE A BUILDING PERMIT SAWED FOR THE STRUCTURE OR SOMETHING BECAUSE OF THE HEIGHT OF IT OR YES, THE HEIGHT, YES, BECAUSE THEY'LL HAVE TO GET A FENCE PERMIT. UH, BUT IF IT'S LESS THAN 300 SQUARE FEET, THEN NO BUILDING PERMIT BUILDING. BUT, UH, OKAY. COMMISSIONER ALBERT, QUESTION FOR STAFF. DO WE HAVE THE ADDRESS OF THE ONE LETTER THAT WAS IN OPPOSITION? THE NEIGHBOR? IT'S OUR SOUTH SIDE NEIGHBOR. I THINK THEY'RE GONNA PULL UP THE MAP. OKAY. YEAH, SOUTH SIDE NEIGHBOR RIGHT THERE. IT'S 39 0 2. AND DID, DID THEY EXPRESS ANY REASON? YES. WHAT HE WANTS IS HE WANTS US TO MOVE IT ABOUT TWO FEET. AND IF I MAY, IT'S THE REASON FOR IT, SHOULD I, IT, IT, IT'S NOT FOR LEGAL PURPOSES. , HE SHOOTS A BOW AND ARROW OFF THE BOW OF HIS PORCH. AND SO I'M IMPEDING HIS AIM WHEN HE GOES AND HE PUTS THE TARGET. IS HE ALLOWED TO DO THAT? THERE? IT'S, IT IS TOTALLY ILLEGAL. IT'S ILLEGAL. IT'S VERY ILLEGAL. GUESS YOU'RE GONNA BE HANGING OUT OVER THE AIRPORT UP TO ANOTHER HOUSE. THE TARGET TOO. I MEAN, IT'S, THERE GOES, THAT'S WHAT HAPPENS WHEN YOU LIVE NEXT TO A MASSIVE DRAINAGE EASEMENT. NO ONE WATCHING . AND, AND THE THING IS, IS THAT WE HAVE PEOPLE THAT WALK BACK THERE. IT'S VERY DANGEROUS. I BET IT IS. , HERE WE GO. PUT YOUR WALK OUT THERE. AND WE DO HAVE LIVE ANIMALS AS WELL. IT'S, IT'S JUST NOT SAFE. AND SO HERE'S, HERE'S . HI. I GOT A QUESTION FOR STAFF. SO GO. 'CAUSE I'M, I'M, I LIKE, I REALLY LIKE THE PERGOLA DIALOGUE HERE, SO, SO, BECAUSE IT IS NOT A MY, YOU KNOW, I'M THINKING ABOUT THE FENCE THING. UM, THE PERGOLA. SO IF YOU MAR MEASURE SQUARE FOOTAGE, SO IF THIS IS GONNA BE WIRES STRUNG ACROSS WITH A SHADE [04:00:01] CLOTH ON TOP OF IT, IS THAT ENTIRE CANOPY THAT'S COVERED, CONSIDERED THE SQUARE FOOTAGE OF THE PERGOLA? OR IS IT JUST THE TWO STRUCTURES ON THE END BECAUSE IT'S ALL CLOTH, PROBABLY NEED TO SEE A PICTURE THAT WAY. IT CAN, I MEAN, IT WOULD HAVE TO BE ON PLANNED VIEW, WHATEVER YOU SEE FROM THE SKY, RIGHT? I MEAN THAT'S, THAT'S I'M ASKING I GUESS, I MEAN, IF THEY'RE ALL, IF IT'S ALL CONNECTED, THEN IT'S ALL CONSIDERED ONE STRUCTURE, BUT IF IT'S JUST TWO WALLS ON EACH SIDE, IT'S, THEY'RE A SEPARATE, WELL, I THINK I HEARD CABLES ACROSS CABLES STREWN ACROSS, AND THEN SHADE CLOTHS DRUG ACROSS THE CABLES SO THAT IT SHADES THE ENTIRE SPACE. SO YEAH, I MEAN, I DON'T KNOW IF WE WOULD, I MEAN, THE CABLE'S PROBABLY NOT. WE ULTIMATELY, WE KNOW IT'S BASICALLY BEING USED AS SCREENING. OKAY. SO THAT'S, THAT'S, THAT'S WHY WE WANTED TO BE SURE THAT WE HAD THE VARIANCE FOR THE HEIGHT. OKAY. UH, ANYONE ELSE? UH, HEARING NONE. SO, UH, LIKE TO HEAR A MOTION PLEASE. COMMISSIONER ZUNA REGARDING CASE NUMBER BO O A DASH 21 DASH 0 3 0 0 1 52, I MOVE THAT THE BOARD OF ADJUSTMENTS CURRENT TO REQUEST FOR ONE A FOUR FOOT EIGHT INCH VARIANCE FROM THE MINIMUM FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE TO BE FOUR INCHES FROM THE SITE PROPERTY LINE TO A FOUR FEET, FOUR INCH VARIANCE FROM THE FIVE FOOT MINIMUM REAR SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE TO BE EIGHT INCHES FROM THE REAR PROPERTY LINE. AND THREE, A FIVE FOOT SIX INCH VARIANCE FROM THE SIX FOOT MINIMUM, UH, MAXIMUM FENCE HEIGHT TO ALLOW AN 11 FOOT SIX INCH, UH, FENCING IN THE REAR YARD, UH, WHICH WAS IDENTIFIED BY THE SITE PLATT THAT THEY PROVIDED SITUATED AT 3/9/06 CORDOBA CREEK APPLICANT BEING, UH, AMANDA, UH, CAYO BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH AS THE LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED, WOULD RESULT IN A UNNECESSARY HARDSHIP. SPECI 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 FOR THE PUBLIC. THE REQUEST TO ALLOW THE STRUCTURE ENCROACHMENT TO THE SIDE AND REAR SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST. AS THE APPLICANT HAS ADEQUATE SPACE FROM THE ADJACENT STRUCTURE, THE HEIGHT VARIANCE DOES NOT APPEAR CONTRARY TO THE PUBLIC INTEREST AS IT IS PROVIDING ADDITIONAL SCREENING FOR THE REAR YARD DUE TO, TO DUE TO SPECIAL CONDITIONS. THE LITERAL ENFORCEMENTS OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT ANY SPECIAL CONDITIONS ADEQUATE FORCE WOULD RESULT IN UNNECESSARY HARDSHIP BY IMPOSING A LITERAL ENFORCEMENT OF THE STRUCTURE WOULD NEED TO BE ADJUSTED TO FIVE FEET ON THE SIDE IN REAR, WHICH WOULD RESULT IN REMOVING THE STRUCTURE ENTIRELY AND REDUCING THE PRIVACY FOR THE HOMEOWNERS. THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WOULD 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 SPIRIT OF THE ORDINANCE WOULD ALSO BE OBSERVED BY GRANTING THE HEIGHT VARIANCE FOR THE FENCING. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT, WHICH THE PROPERTY FOR WHICH THE VARIANCE OF SAW 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 WITHOUT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO REDUCE A SIDE REAR SETBACK DID NOT POSE A DO NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROP PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THIS PROPERTY IS LOCATED WITHIN A NEWER NEIGHBORHOOD AND THERE ARE OTHER NON-CONFORMING STRUCTURES ENCROACHING ONTO THE SIDE. REAR SETBACKS, TICKLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOLID 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, UH, FINANCIAL OR NOT DUE TO THE RESULT OF, UH, DUE TO OR THE RESULT OF GENERAL CONDITIONS. THE DISTRICT IN WHICH THE PROPERTY IS LOCATED, THE BOARD FINDS THAT THE PLY TO THE PROPERTY OWNER IS SOUGHT DUE TO THE ANY CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO THE CHANGE IN GRADE AND THE FACT THAT IT ABUTS A COMMERCIAL PROPERTY TO THE REAR END OF MOTION. IS THERE A SECOND? ME. ALRIGHT. UH, MOTION BY COMMISSIONER A ZUNA SECOND BY COMMISSIONER ME. COMMISSIONER A ZUNA. ALRIGHT, SO I'M GONNA SUPPORT THE, THE MOTION AS READ. UM, THE APPLICANT, UH, WILL BE SECURING PERMITS FOR THE PROPERTY. WE SAW IT, UM, SIMILAR STRUCTURES WITHIN THE NEIGHBORHOOD. UM, YOU KNOW, GIVEN THAT THERE'S A, THE VACANT PROPERTY AND THEY'RE LIMITING THE, THE STRUCTURE TO THE DEFINED AREA ON THE SITE PLAN, IT'S NOT GONNA GO FURTHER TO THE REAR OR FURTHER TO THE FRONT. THE STRUCTURE IS GONNA STAY WHERE IT IS AND, UH, YOU KNOW, THE APPLICANT PROVIDED TESTIMONY THAT IT'S GONNA BE MORE OF A CURTAIN SHEAR VERSUS A, A SOLID WALL. UM, SO PROVIDES THAT AIRFLOW PROVIDES FOR LIGHT. UM, AND THEN TESTIMONY ON THE ONE, UM, THE ONE NEIGHBOR THAT WAS IN OPPOSITION, WE HEARD TESTIMONY AS TO WHY THEY'RE OPPOSITION AND OTHERWISE WE SAW SUPPORT FROM THE NEIGHBORS AND THE OWNERS ASSOCIATION. SO I'M SUPPORTING THE VARIANCE. ALL RIGHT, COMMISSIONER ME. I AGREE. ALRIGHT, IS THERE ANYONE ELSE LIKE TO ADD MANNA? COMMISSIONER MANNA? SO, UM, DO, UM, AS RED, DOES IT COVER, UH, THAT IT CAN'T BE EXTENDED AT ALL? OR DO WE NEED TO PUT A SPECIFIED, UH, THE SIZE OF THE STRUCTURE, SO WAS 20 FOOT TWO INCHES? I DON'T KNOW IF WE NEED TO ADD THAT IN THERE OR IF IT'S RED [04:05:01] IS ACCEPTED, UH, UH, COMMISSIONER'S GONNA, UH, RED TO, UH, AS PROVIDED ON THE SITE PLAN. UH, RIGHT. SO IT'S GONNA BE LIMITED BASED ON WHAT THEY SUBMITTED AS PART OF THIS APPLICATION. OKAY. THANK YOU. YEP. OKAY. ANYONE ELSE? ALRIGHT, DO WE HAVE A, A MOTION TO, UH, FOR VARIANCE AS FOR THE SITE PLAN, UM, STAFF TAKE PLEASE TAKE A ROLL CALL. VOTE MS. KAPLAN. I CONCUR. MR. ALBERT. I CONCUR. MR. CONROY I CONCUR. MR. VASQUEZ. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. LIND. I CONCUR. MR. ZUNIGA. I CONCUR. MS. MEESE? I CONCUR. MR. THIEL. 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 UNANIMOUSLY. CONGRATULATIONS AND GET WITH STAFF. THEY'LL TALK TO YOU ABOUT YOUR NEXT STEPS. THANK YOU SO MUCH FOR YOUR TIME. WE REALLY APPRECIATE IT. YOU'RE WELCOME. I'VE NOTICED Y'ALL WERE HERE THE ENTIRE FOUR AND A HALF HOURS. , WE JUST DIDN'T KNOW. ALL RIGHT, SO NEXT [12. Approval of the minutes from the Zoning Board of Adjustment meeting on November 1, 2021.] ITEM OF THE AGENDA IS, UM, THE MINUTES. I, I, UH, MANNA COMMISSIONER MANNA. I SUBMITTED SEVERAL, UM, ADJUSTMENTS. I'M ASSUMING THAT THOSE WERE, UM, MADE TO THE MINUTES. GREAT. UM, YES, THEY'VE BEEN MADE. SO IS THERE A MOTION FOR APPROVAL FOR THE MINUTES AS AMENDED? MANNA COMMISSIONER MANNA? I MOVE THAT, UH, THEY'VE APPROVED AS AMENDED. IS THERE A SECOND? I SECOND. UH, I SECOND BY COMMISSIONER LI. UH, UH, CAPTAIN, UH, AND VOICE VOTE FINE. ALL IN FAVOR SAY AYE. AYE. AYE. ALL. ANY OPPOSED? HEARING NONE. MOTION PASSES. UH, I JUST WANTED TO, UH, BEFORE WE GO, UH, THANK EVERYBODY FOR SHOWING UP EARLY AND, AND I JUST WANTED TO, I NOTICED STAFF MENTIONED 300 FEET A COUPLE TIMES REGARDING, UH, CERTAIN EXCEPTIONS. THAT'S AN INTERESTING NUMBER I BROUGHT UP EARLIER. I JUST THOUGHT THAT WAS, UH, FOUND THAT INTERESTING. SO, OKAY. UH, WITH THAT I HEREBY ADJOURN THE MEETING. HAVE A GREAT NIGHT. SO MR. KEEL. * 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.