[00:00:04]
HELLO, MY NAME IS DONALD ORIAN.
I'M THE CHAIR OF THE BOARD OF ADJUSTMENTS.
I HAVE 1:01 PM I'M GONNA CALL, UH, THIS MEETING TO ORDER.
I'D LIKE TO HEAR FIRST FROM OUR SPANISH INTERPRETER.
SO, I'D LIKE TO ASK EVERYONE TO PLEASE SILENCE THEIR MOBILE DEVICES.
I, AND IF YOU CAN ALL STAND AND PLEASE JOIN ME IN THE PLEDGE OF ALLEGIANCE PGI.
SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.
THE BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS.
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 THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR, AND I WILL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
UH, WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY CITY COUNCIL.
THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN THE, IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 5.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE DEX LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER.
AFTER EVERYONE HAS HEARD THE CASE, IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION.
IN ORDER FOR A MOTION TO CARRY.
IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW.
BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT ACTS OF YOUR CASE.
UH, STAFF, CAN YOU CALL THE ROLE PLEASE? MS. KAPLAN? PRESENT.
UH, WE HAVE A QUORUM STAFF IF YOU CAN DO YOUR PRESENTATION.
STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE FOR SPECIAL EXCEPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT.
PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND ANNEX INDICATES THOSE PROPERTY OWNERS
[00:05:01]
IN OPPOSITION FOLLOWING THIS PRESENTATION, IN ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION.YOU WILL BE CALLED AN 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.
UH, I UNDERSTAND THE FIRST ITEM WAS POSTPONED AND THIS ITEM NUMBER TWO WILL BE OUR FIRST, UH, ITEM
[ Briefing and Possible Action on the following items ]
TO GO.IF YOU COULD PLEASE PRESENT FOR TWO, WHICH I UNDERSTAND WOULD BE A CONTIN WAS CONTINUED FROM LAST MONTH.
UH, THIS IS ITEM NUMBER TWO AND IT WAS CONTINUED FROM THE NOVEMBER 15TH, UH, B O A MEETING.
THE CASE IS BO O A 21 1 0 3 0 0 1 5 3.
THE SUBJECT PROPERTY IS LOCATED AT 7 9 3 4 VELETA STREET.
UM, THIS IS IN COUNCIL DISTRICT SEVEN AND THE APPLICANT IS ANTONIO AND LUPUS ENO.
THE REQUEST IS FOR 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 SUBJECT PROPERTY IS ZONED A SINGLE FAMILY RESIDENTIAL.
THE SUBJECT PROPERTY IS LOCATED WITHIN A GATED COMMUNITY.
THE APPLICANT DID, UH, CONSTRUCT A CARPORT WITHOUT PULLING PERMITS, UM, AND IT WAS ENC FOUND TO BE ENCROACHING INTO THE FRONT SETBACK BY FIVE FEET.
UH, NO OTHER CARPORTS WERE OBSERVED IN THE SURROUNDING AREA.
SO, UM, UPON OUR SITE VISIT, WE DID DETERMINE THAT IT, IT APPEARED TO BE OUT OF CHARACTER WITH THE SURROUNDING NEIGHBORHOOD.
THIS IS AN IMAGE OF THEIR SITE PLAN.
THIS IS THE SUBJECT PROPERTY WITH THE CARPORT AND THAT SHOWS THE FIVE FEET FROM THE FRONT PROPERTY LINE.
AND THIS IS THE OVERHANG AND THIS IS THE SURROUNDING AREA ON VELETA STREET.
STAFF RECOMMENDS DENIAL AND B O A 21 1 0 3 0 0 1 5 3 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE CARPORT'S CURRENTLY FIVE FEET FROM THE FRONT PROPERTY LINE AND TWO, THE CARPORT, UM, DOES NOT APPEAR TO MAINTAIN THE ESSENTIAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
STAFF MAIL 25 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET.
UH, 12 ARE RETURNED IN FAVOR INSIDE OF THE 200 NOTIFICATION BOUNDARY.
NONE WERE RETURNED IN OPPOSITION.
AND THERE, UH, WAS NO REGISTERED NEIGHBORHOOD ASSOCIATION.
UM, STAFF DID RECEIVE 55 RESPONSES THAT WERE IN FAVOR OUTSIDE OF THAT 200 FOOT NOTIFICATION BOUNDARY.
UH, THAT CONCLUDES STAFF PRESENTATION.
DID YOU SAY 55 NOTICES? RESPONSES? YES.
IS THE APPLICANT PRESENT? SIR, IF YOU COULD STATE YOUR NAME AND ADDRESS FOR THE RECORD.
YOU CAN BEGIN YOUR PRESENTATION.
I LIVE AT 79 34 VALLETTA IN SAN ANTONIO, TEXAS, OF COURSE, A, UH, GATED COMMUNITY, UH, WHICH I HAVE, UH, VOLUNTEERED TO DO MANY THINGS IN THE NEIGHBORHOOD BECAUSE I, IT'S MY HOME.
I'M, I'M THE ONLY ONE THAT SHOULD BE BLAMED FOR IT.
BUT IT WAS OUT OF IGNORANCE BECAUSE FIRST I TRIED TO GET THE, UH, THE APPROVAL FROM THE HOMEOWNERS ASSOCIATION AND THEY TRUSTED ME.
'CAUSE I TOLD 'EM THAT I WAS GONNA USE THE TOP OF THE LINE MATERIALS AND THAT IT WASN'T GONNA AFFECT ANYBODY.
BUT AT THAT TIME, I DID NOT KNOW THAT I NEEDED A PERMIT.
BELIEVE ME, IF I HAD KNOWN, I WOULDN'T HAVE BEEN MADE IT.
I APOLOGIZED FOR TAKING THE TIME OF ALL THE MEMBERS AND, UH, I DON'T KNOW WHAT ELSE TO SAY.
BUT, UH, THIS HAS A VERY REAL BAD, UH, INFLUENCE IN MY EATING HABITS.
SLEEPING, UH, MY P T S UH, SYMPTOMS HAVE INCREASED.
I'M NOT TRYING TO GET SYMPATHIZE SYMPATHY FROM YOU.
I'M JUST TELLING YOU HOW I FEEL.
I, I, THIS IS A SELF INFECTED, UH, PUNISHMENT BECAUSE MY DAUGHTERS, THEY'RE
[00:10:01]
IN DALLAS.I WON'T BE ABLE TO, TO, UH, GO WITH THEM AND THE, UH, FOR THE FESTIVITIES AT THE END OF THE YEAR.
MY WIFE HAD A, AN ACCIDENT TWICE IN THE HOSPITAL.
SHE HAD, I HAD TO SEND HER TO DALLAS BECAUSE SHE WASN'T GETTING PROPER MEDICAL ATTENTION HERE.
UH, SO IT, IT'S BEEN KIND OF HARD.
IF YOU HAVE ANY QUESTIONS, I'LL BE GLAD TO ANSWER THEM.
UH, IF YOU COULD PLEASE HANG TIGHT.
WE'RE GONNA SEE IF THERE'S ANYBODY SIGNED UP TO SPEAK AND THEN WE'LL MOST LIKELY HAVE SOME QUESTIONS.
MAY, MAY I JUST ADD ONE THING? YES, SIR.
UH, ALL THE NEIGHBORS THAT I TALKED TO, THEY ALL GAVE ME THEIR SIGNATURE, THE PHONE NUMBERS, BECAUSE THEY TRUST ME.
DID YOU GIVE THAT PAPERWORK TO STAFF ALREADY? OR IS THIS A NEW YES, I DID, BUT IT'S, YES.
ALRIGHT, WELL, THANK YOU VERY MUCH.
LET'S, LET'S, UH, SEE IF THERE'S ANYONE SIGNED UP TO SPEAK AND WE'LL CALL YOU BACK UP FOR QUESTIONS, SIR.
SHOULD I STAY IN THE, UH, UH, YOU CAN HAVE A SEAT RIGHT IN THE FRONT THERE.
IS THERE ANYONE SIGNED UP TO SPEAK? NO.
UH, ANYTHING TO READ INTO THE RECORD? NO.
UH, ARE THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? MANNA, UH, MR. SANTANO, IF YOU CAN COME BACK UP.
SO, SO, UM, YOU SHOWED A LETTER, UH, FROM THE HOMEOWNERS ASSOCIATION? YES, SIR.
UM, HAS THAT ALSO BEEN PROVIDED TO, UM, TO THE STAFF? YES, SIR.
AND SO, SO IN THE HOMEOWNERS ASSOCIATION LETTER, DO, DO THEY ACKNOWLEDGE THAT YOU'RE GONNA BE PUTTING IN YES.
A I DON'T, I'M NOT BLAMING THEM.
BUT THE QUESTION IS, DID THEY ACKNOWLEDGE THAT YOU WERE GONNA PUT IN, UM, A CARPORT AND DID YOU PROVIDE THEM THE PLANS? YES, SIR.
YOU COULD JUST, JUST STAY RIGHT HERE AND SPEAK INTO THE MICROPHONE.
I'VE NEVER BEEN IN THIS SITUATION BEFORE.
SO IS IT POSSIBLE TO PUT UP THAT LETTER SO WE CAN KIND OF TAKE A LOOK AT IT TO, YOU KNOW, I JUST WANNA SEE WHAT, YOU KNOW, KINDA WHAT WAS WRITTEN.
SO MY SECOND QUESTION IS, UM, WE GENERALLY DON'T HEAR, UM, THAT MANY PEOPLE COME THROUGH AND, AND ACKNOWLEDGE, YOU KNOW, THAT, UH, THAT, YOU KNOW, ON A PETITION IN NEIGHBORHOOD.
SO HOW DID YOU GET SO MANY PETITIONS? HOW DO I GET WHAT, HOW DID YOU GET SO MANY PETITIONS SIGNED? DID YOU WALK THROUGH THE NEIGHBORHOOD AND TALK TO ALL YOUR NEIGHBORS? UH, WELL, I WENT TO THE, UH, HOMEOWNERS ASSOCIATION AND I TOLD 'EM WHAT I WAS GONNA BILL.
I SHOWED 'EM THE PLANS AND I PROMISED THAT I WOULD USE THE, THE, THE BEST MATERIALS IN THE MARKET.
SIR, IF YOU CAN, UH, SPEAK INTO THE MIC.
SO, UH, WHY, BECAUSE I HAVE VOLUNTEER IN MANY PROJECTS IN THE NEIGHBORHOOD.
I BUILD THE ENTRANCE, UH, SIGNS, THE PAL BLANCO ENTRANCE SIGNS WITH THE HELP OF A NEIGHBOR, MR. TONY LEYVA.
UH, WE EVEN FINANCED ALL THE, ALL THE, UH, THE, THE, THE, THE LUMBER AND EVERYTHING.
UH, AND, UH, I EVEN PUT THE, UH, FRONT LIGHTS AND THE GATES.
I BUILD THEM MYSELF, THE, UH, THE LIGHT POLE.
SO I, I WANT THE BEST FOR MY NEIGHBORHOOD.
SO, ONE MORE, ONE FINAL QUESTION.
AND SO, SO THE, SO THERE'S A GARAGE THERE.
SO IS A GARAGE ENCLOSED OR IS IT A USABLE GARAGE STILL? UH, THERE IS A GARAGE AND I JUST EXTENDED THE ROOF FROM THE GARAGE TOWARDS THE STREET.
UH, AGAIN, I, I
NO, THE GARAGE, THERE'S CARS IN THE GARAGE.
MY WIFE'S CAR, SHE HASN'T USE IT FOR FIVE MONTHS ALREADY, BUT YES, YES, THERE IS A GARAGE IN THERE, YES.
YEAH, PROBABLY THIS IS QUESTION FOR STAFF.
IT'S GOOD THAT YOU GOT THE HOME ASSOCIATION, ET CETERA.
AND WE GOTTA GO WITH THE CITY CODES, AND HE DIDN'T GET A PERMIT.
IS THERE ANY ALTERNATE, UH, SOLUTION TO THIS, UH, STAFF? THE ALTERNATE TO THE VARIANCE WOULD BE TO MOVE THE CARPORT BACK FIVE FEET.
THE COURT PORT OR THE, OR THE COLUMNS.
[00:15:02]
UH, SIR.WHEN YOU SUBMITTED THIS LETTER TO YOUR ASSOCIATION, DID YOU SUBMIT THE PLANS IN, REVIEW THE PLANS WITH THEM? THAT THEY SAW THE PLANS? YES, I DID.
AS TO HOW FAR IT'D BE FROM THE CURB AND ALL OF THIS? YES, I DID.
AS A MATTER OF FACT, UH, YOU JUST SAW THE, UH, RIGHT? YEAH.
YES, I DID EVERYTHING THAT WAS SHOWN IN THE, IN THE, IN THE, UH, IN THE SCREEN.
THAT'S WHAT I THOUGHT YOU SAID.
I WENT THE WHOLE, THE WHOLE THING BECAUSE AGAIN, I DO RESPECT NOT ONLY THE ASSOCIATION, BUT THE WAY I ACT TOWARDS PEOPLE.
ANY OTHER QUESTIONS? UH, MR. CHAIRMAN? COMMISSIONER VASQUEZ.
UH, MY, MY QUESTION IS FOR THE CHAIRMAN, UH, PLEASE GIMME YOUR GUIDANCE.
UM, UH, IS IT, IS IT PROPER, UH, FOR, FOR, FOR, UM, A MEMBER OF THE, OF THE BOARD OF ADJUSTMENT TO MAKE, UM, UH, SOME, SOME REMARKS, UH, PRIOR TO THE VOTING? UH, DEPENDS ON, UH, WHAT THE REMARKS WERE.
WERE THEY, UH, WELL, WELL, UM, WERE THEY, DURING THE, I MYSELF, UM, AM, UH, UM, IN SYMPATHY WITH, WITH, UH, WITH THE PETITION.
AND THE REASON FOR THAT IS THAT, UH, IN ANY OF THE WONDERFUL NEIGHBORHOODS THAT WE HAVE THROUGHOUT SAN ANTONIO, UH, CARPORTS, UH, OR A NORM ARE HERE, THERE AND EVERYWHERE, SOME QUALITY ONES, SUCH AS THE ONE MR. CENTENO HAS THAT THAT IS A GOOD LOOKING.
WELL, WELL, MR. VASQUEZ, WHAT HAPPENS IS, UM, THERE'S, THERE'S, RIGHT NOW WE'RE JUST, WE'RE HERE ASKING QUESTIONS, AND THEN WHEN IT GOES TO, UH, PUBLIC HEARINGS CLOSED, THEN WE CAN DELIBERATE AMONG OURSELVES AND YOU CAN EXPRESS YOUR OPINION.
BUT DID YOU, WERE THERE REMARKS MADE PRIOR TO THE HEARING WHERE YOU WERE, YOU WERE IN DISCUSSION WITH THE APPLICANT? OF COURSE NOT.
UH, UH, UH, JUST THE PRESENTATION AND, AND REVIEW OF, UH, OF, OF THE, THE GARAGE.
THE GARAGE, THE REVIEW OF THE, OF THE CARPORT.
ALL OF THIS SEEMS TO BE PRETTY TOP, TOP OF THE LINE STUFF.
AND WE'LL, AND I'LL DEFINITELY CALL ON YOU DURING THAT TIME.
UH, ANY OTHER QUESTIONS? OKAY.
I HAVE A QUESTION FOR THE APPLICANT, UH, THAT YOUR SITE PLAN SHOWS, UH, 21 FEET DEEP FROM THE FACE OF YOUR GARAGE TO THE, TO THE SIDEWALK.
UH, DOES YOUR TRUCK EXTEND AND BLOCK THE SIDEWALK WHEN YOU PARK IT THERE? NO.
AND THEN I WOULD NEVER DO THAT.
I HAVE NEVER, NEVER BLOCKED THE SIDEWALK BECAUSE THAT SIDEWALK BELONGS TO THE COMMUNITY.
AND I RESPECT THE LOSS A HUNDRED PERCENT, SIR.
THE NEXT, UH, QUESTION I HAVE IS, YOU HAD MENTIONED YOUR WIFE'S CAR IN THE GARAGE.
UH, IS IT, IT DOESN'T APPEAR LIKE YOUR GARAGE WOULD BE WIDE ENOUGH TO ACCOMMODATE YOUR VEHICLE AND YOUR WIFE'S VEHICLE, 'CAUSE YOU HAVE A SIZABLE TRUCK.
IS THAT TRUE OR NOT TRUE? UH, NO, SIR.
THEY, THEY, IT WILL FIT IN THERE.
I PLANNED IT SO THE DOORS WOULD OPEN PAST THE COLUMNS.
IT'S, I'M, I'M ASKING THEY WILL FIT, THEY WILL FIT UNDER THE ROOF, BOTH.
I'M, I'M ASKING COULD YOUR WIFE'S CAR AND YOUR TRUCK BOTH EXIST WITHIN THE GARAGE ITSELF? NOT THE CARPET.
THAT'S, I WAS TRYING TO FIND OUT, AND I GOT TOOLS IN THERE, IN THE TABLE, SAW.
I, I HAVE TO KEEP BUSY AFTER VIETNAM.
AND I HAVE A QUESTION FOR STAFF.
IS THERE ANY, UH, WAS THERE A CLEAR VISION REVIEW BY, UH, TRAFFIC OR WAS IT DEEMED UNNECESSARY IN THIS CASE? IT WASN'T NEEDED IN THIS CASE.
UH, SO I HAVE NO OTHER QUESTIONS OR ANY OTHER QUESTIONS BEFORE WE MOVE ON.
SO WE'RE LOOKING FOR A, UH, SIR, YOU CAN HAVE A SEAT.
WE'RE GOING TO, UH, DELIBERATE AT THIS TIME.
WE'RE LOOKING FOR A MOTION, PLEASE.
MANA, THANK MR. MANANA REGARDING CASE NUMBER BO A 2 1 1 0 3 0 0 1 5 3.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT THE REQUEST FOR A FIVE FOOT VARIANCE FROM THE 10 FOOT MINIMUM FRONT SETBACK TO ALLOW A CARPORT WITH THREE FOOT OVERHANG TO BE FIVE FOOT FROM THE FRONT PROPERTY LINE, SITUATED AT 7 9 3 4 VALLETTA STREET, APPLICANT BEING ANTONIO AND LUPE SANTANO.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC.
THE REQUESTED VARIANCE TO THE FRONT SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT ANY SPECIAL CONDITION THAT IF ENFORCED, WOULD RESULT IN UNNECESSARY HARDSHIP.
BY IMPOSING A LITERAL ENFORCEMENT, THE APPLICANT WOULD NEED TO RELOCATE THE STRUCTURE OF FIVE FOOT FURTHER BACK, WHICH WILL NOT PROVIDE ADEQUATE COVERAGE OF A VEHICLE.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE REQUEST TO REDUCE THE FRONT SETBACK APPEARS TO OBSERVE THE SPIRIT OF THE ORDINANCE.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES
[00:20:01]
SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THIS VARIANCE OF SOUGHT IS LOCATED.THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
THE REQUEST TO REDUCE THE FRONT SETBACK FOR A CARPORT DOES NOT APPEAR TO INJURE ADJACENT PROPERTIES OR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE PLIGHT OF THE PROP, THE, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS THAT THE APPLIED THE PROPERTY OWNER IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND IS NOT MERELY FINANCIAL AND A MOTION.
SECOND, WE HAVE A MOTION AND A SECOND.
COMMISSIONER, MADA, PLEASE LEAVE THE DISCUSSION.
SO, UM, I'LL, I'LL BE VOTING IN FAVOR OF THIS, UM, UH, GRANTED THIS MOTION AND, UH, FOR A COUPLE OF REASONS.
ONE, I THINK, YOU KNOW, JUST, UH, THE HOMEOWNERS, UH, THE HOMEOWNER ASSOCIATION HAS APPROVED THIS.
AND SO THEY'VE KIND OF SET THE PRECEDENT OF THEY'RE WILLING TO ACCEPT THIS IS HOW THEIR COMMUNITY WANTS TO LOOK.
UM, SECOND THING IS THAT ALL THE NEIGHBORS AGREE AS WELL.
AND SO I THINK THOSE TWO THINGS ARE OVERWHELMING DRIVING, YOU KNOW, WHY IS I THINK THAT I'LL BE APPROVING IT.
I'M IN AGREEMENT WITH MY COLLEAGUE.
UH, I THINK IT WAS A OVERWHELMING AMOUNT OF RESPONSE IN, IN FAVOR OF THIS.
IT SEEMS LIKE THAT'S WHAT THE NEIGHBORHOOD WANTS, AND THEREFORE I WILL BE VOTING IN, IN FAVOR.
COMMISSIONER VASQUEZ, DID YOU HAVE ANY COMMENTS, UH, TO ADD? UH, NO, MR. CHAIRMAN, BUT I WANNA, I WANNA, UH, THANK, UM, UH, THE, THE BOARD HERE, UH, FOR, UH, BEING IN SUPPORT OF THIS.
UH, WHEN I SAW THE, THE, THE 12, UM, NOTICES IN FAVOR AND 55 RESPONSES THAT, UH, VALIDATES, UH, WHAT, WHAT YOU ALL HAVE RECOMMENDED.
UH, I'LL BE VOTING AGAINST IT BECAUSE THAT'S AN ALTERNATE, UH, METHODS THAT CAN BE USED AS THE POLLS AND TO GET, UH, IF IT'S, IT'S AN APPEAL, BUT TO GET, YOU KNOW, WITH THE NEIGHBORS IN A PROCEEDINGS WITH US, THEN ANYBODY CAN DO IT.
AND WITHOUT A PERMIT IN THE NEIGHBORHOOD.
HEY, ANYONE ELSE? UH, I'M GONNA CLOSE BY SAYING I'LL BE IN SUPPORT.
UH, THE REASONING BEING THAT, UH, THAT HIS, HE'S NOT BLOCKING THE SIDEWALK IN HIS GARAGE, UH, THROUGH TESTIMONY IS THAT BOTH CARS CANNOT FIT IN THERE.
SO THIS IS A WAY FOR HIM TO COVER HIS VEHICLE, UH, FROM THE ELEMENTS.
SO, WITH THAT STAFF, IF YOU CAN PLEASE TAKE A ROLL CALL.
UH, I CONCUR WITH THE FINDINGS OF FACT, MR. VASQUEZ.
I, UH, I CONCUR WITH THE FINDINGS OF FACT AND I, UH, MY VOTE WILL BE IN THE AFFIRMATIVE.
MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT, MR. DELMER.
MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORATE.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
IF YOU CAN GET WITH STAFF, IT'LL, UH, YOU'RE WELCOME.
AGENDA ITEM NUMBER THREE IS CASE BO O A 21.
THE SUBJECT PROPERTY IS LOCATED AT 700 DAWSON STREET WITHIN COUNCIL DISTRICT TWO.
UH, THE APPLICANT IS SEAN KANE, AND THE REQUEST IS FOR A SPECIAL EXCEPTION FROM THE SHORT-TERM RENTAL DENSITY LIMITATION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE.
THE ZONING OF THE PROPERTY IS, UH, MIXED RESIDENTIAL.
UM, THE APPLICANT DID HAVE TO, UH, TRAVEL UNEXPECTEDLY AND COULDN'T MAKE IT, AND IS REQUESTING A CONTINUANCE TO, UH, JANUARY 24TH.
UH, LIKE A, ANYONE LIKE TO MAKE A MOTION FOR A CONTINUANCE UNTIL JANUARY 24TH.
CRUZ COMMISSIONER CRUZ? UH, YES.
I, UH, CONCUR THAT WE, UH, MOVED THIS, UH, ITEM 21 1 0 3 0 0 1 7 5 TILL JANUARY 24TH.
IS THAT CORRECT, MA'AM? CORRECT.
IS THERE A SECOND? SECOND, UH, SECOND BY COMMISSIONER BRAGMAN.
UH, BEFORE WE GO TO A VOTE, UH, WAS THERE ANYTHING TO READ INTO THE RECORD OR ANYONE SIGN UP TO SPEAK? UH, NO ONE PRESENT, BUT THERE WAS A VOICEMAIL LEFT.
UH, I'M GONNA GO AHEAD AND PAUSE THE VOTE.
[00:25:01]
QUICK.HELLO, MY NAME IS VALERIE CORTES AND I RESIDE AT 5 0 8 LAMAR STREET.
I'M CALLING IN ON BEHALF OF CONCERNED CITIZENS OF DIGNITY HILL REGARDING CASE BO A 2 1 1 0 3 0 0 7 5 4 700 DAWSON STREET.
WE SUPPORT STAFF'S RECOMMENDATIONS TO DENY A SPECIAL EXCEPTION FROM THE SHORT-TERM RENTAL DENSITY LIMITATION TO ALLOW AN ADDITIONAL TYPE TWO SHORT-TERM RESIDENTIAL PERMIT AT 700 DAWSON STREET.
OUR POSITION IS BASED ON THE FACT THAT THE RECENT S T R ORDINANCE THAT WAS ADOPTED BY COUNSEL IS A VERY REASONABLE ONE THAT ALLOWS A MODERATE AMOUNT OF S T R ACTIVITY IN RESIDENTIAL NEIGHBORHOODS.
THE CURRENT 12.5% OF BLOCK-BASED RULE AS OUTLINED IN SECTION 35 DASH 3 7 4 C ONE, ENSURES THAT OUR RESIDENTIAL NEIGHBORHOODS CAN PROVIDE AN ACCOMMODATION ALTERNATIVE FOR SHORT TERM VISITORS TO OUR CITY WITHOUT CREATING MEASURABLE DISRUPTIONS TO SURROUNDING RESIDENTS AND PROPERTY OWNERS.
WE APPRECIATE YOUR CONSIDERATION TO OUR COMMENTS.
PLEASE SEE MY EMAIL FOR THE ATTACHED ORDINANCE.
AND STAFF, BEFORE YOU TAKE A ROLL CALL, JUST TO ENSURE THAT THE 24TH IS THE FOURTH MONDAY OF JANUARY.
THAT'S, THAT'S OUR, THAT'S THE MEETING DATE.
AND SINCE THERE'S FIVE, UH, MONDAYS IN THE MONTH, WE AGREED THAT THAT ONE WOULD BE OKAY.
THE SECOND MEETING IN JANUARY.
UH, CASES CONTINUE TO THE 24TH OF JANUARY.
UH, AGENDA ITEM NUMBER FOUR, UH, BO O A CASE NUMBER 21 DASH 1 0 3 0 0 1 71.
DISTRICT NUMBER ONE APPLICANT IS, UH, EMILY WEISLER.
THEY'RE REQUESTING A 10 10% VARIANCE FROM THE 80% MAXIMUM COVERAGE REQUIREMENT TO ALLOW A MAXIMUM COVERAGE OF 90%.
UH, ZONING IS FORM-BASED, UH, TRANSECT ZONE FIVE, UH, SUBJECT PROPERTIES LOCATED ALONG ST.
MARY STREET, NEAR CAMDEN STREET, AND IS CURRENTLY A VACANT LOT REQUESTING A 10% VARIANCE FROM THE 80% MAXIMUM COVERAGE REQUIREMENTS TO ALLOW A MAXIMUM COVERAGE OF 90% UPON SITE VISITS.
STAFF OBSERVED THAT LOT IS CURRENTLY VACANT AND BEING USED AS A PARKING SPACE.
UH, THE, UH, CLIENT IS REQUESTING, SAY, IS REQUESTING A CONTINUANCE TILL JANUARY 10TH.
UH, IS THERE ANYTHING TO READ INTO THE RECORD OR ANYONE SIGN UP TO SPEAK? NO.
I'M LOOKING FOR A MOTION FOR JANUARY CONTINUANCE TO JANUARY 10TH.
COMMISSIONER BRAGMAN, I MOVE THAT WE, UH, MOVE BO O A DASH 21 DASH 1 0 3 0 0 1 7 1 TO JANUARY 10TH.
SECOND BY COMMISSIONER ZUNIGA.
UH, CASE IS CONTINUED TO JANUARY 10TH, 2022.
NEXT CASE IS AGENDA ITEM NUMBER FIVE, BO A 21 DASH 1 0 3 0 0 1 6 6 6 6.
ADDRESS IS 1606 FULTON STREET IN CITY COUNCIL.
DISTRICT NUMBER ONE, APPLICANT IS GOING TO BE A PACO FELLI.
THEY'RE REQUESTING ONE OF FOUR FOOT 10 INCH VARIANCE TO THE 10 FOOT SITE SETBACK TO ALLOW AN AWNING TO BE FIVE FEET, TWO INCHES FROM THE SIDE PROPERTY LINE.
[00:30:01]
A VARIANCE FROM FENCING.MATERIAL REQUIREMENTS TO ALLOW A SOLID SCREEN CAST.
IRON METAL FENCE ZONING IS LIKE COMMERCIAL URBAN CORRIDOR.
SUBJECT PROPERTY IS LOCATED ALONG FULTON STREET, NEAR FREDERICKSBURG ROAD, AND IS CURRENTLY A VACANT COMMERCIAL BUILDING.
THEY'RE REQUESTING ONE A FOUR FOOT 10 INCH VARIANCE TO A 10 FOOT SIDE SETBACK TO ALLOW AN AWNING TO BE FIVE FEET, TWO INCHES FROM THE SIDE PROPERTY LINE.
AND TWO, A VARIANCE FROM THIS FENCING MATERIAL REQUIRED TO ALLOW A SOLID SCREEN CAST IRON FENCE POD SITE VISITS.
STAFF OBSERVED A NEW CANOPY WAS INSTALLED THAT EXTENDS OVER THE SIDEWALK SITE PLAN.
THIS IS THE FRONT OF THE SUBJECT PROPERTY.
THIS IS THE AWNING THAT WAS, UH, CONSTRUCTED.
UH, THAT'S RESIDENTIAL STRUCTURE TO THE LEFT OF IT.
UH, MEASUREMENT SHOWING IT'S FIVE FEET, TWO INCHES FROM THE SIDE PROPERTY LINE.
UM, THE REASON WHY THE CLIENT, UH, WHY THE APPLICANT HAD BUILT THIS AWNING IS BECAUSE THE ACTUAL COMMERCIAL BUILDING SITS BELOW GRADE.
SO WHEN IT RAINS, IT LOOKS LIKE HE WAS GETTING A LOT OF WATER DAMAGE COMING IN.
THAT'S WHY HE CONSTRUCT THE AWNING.
AND I BELIEVE THAT'S WHY THAT FRENCH DRAIN EXISTS RIGHT THERE TO HELP WITH THAT FLOODING INTO THAT COMMERCIAL BUILDING.
ONE, UH, ONE FOOT ROOF OVERHANG, UH, DRAINAGE SYSTEM INSTALLED FOR WATER RUNOFF.
AWNING IS SEVEN FEET, SEVEN INCHES IN WIDTH.
WE CAN ONLY MEASURE UP TO THE BUILDING.
IT ACTUALLY SURPASSES THE BUILDING UP ON TOP.
THIS IS A SOLID SCREEN, UH, CAST IRON FENCING.
UM, THE, THE WAY WE SAW THIS IS WE WEREN'T SURE, UM, THE SECTION, UH, U D C DOESN'T SPECIFICALLY MENTION CAST IRON FENCING, SO THAT'S WHY WE INCLUDED IT.
UH, IF YOU LOOK AT IT, YOU CAN SEE IT'S RATHER MORE DECORATIVE THAN ANYTHING.
UH, THIS IS THE NEW CANOPY COVER THAT, UH, STAFF ALSO OBSERVED UPON VISIT SURROUNDING AREA STA UH, SITE SETBACK AND METAL FENCING.
UH, MATERIAL VARIANCE STAFF RECOMMENDS APPROVAL IN BO O A 21 DASH 1 0 3 0 0 1 66 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THERE IS NO ISSUE FOR WATER.
THERE IS NO, THERE IS NO ISSUE FOR WATER RUNOFF.
AND THERE IS PLENTY OF SPACE BETWEEN THE AWNING AND THE NEIGHBORING PROPERTY.
AND DRAINAGES PROVIDED TO THE STRUCTURE WILL NOT NEGATIVELY AFFECT THE NEIGHBORING PROPERTIES.
THE AWNING IS CONSTRUCTED WITH FIRE RATED MATERIALS.
THE SOLID SCREEN FENCING IS MORE DECORATIVE THAN A FENCE.
AND FIVE, THE FENCE WILL NOT NEGATIVELY AFFECT NEIGHBORING STRUCTURES.
WE RECEIVED ZERO IN FAVOR, ZERO IN OPPOSITION.
AND THERE'S BEEN NO RESPONSE FROM THE KEYSTONE OR JEFFERSON WOODLAWN NEIGHBORHOOD ASSOCIATIONS.
THIS CONCLUDES STAFF'S PRESENTATION.
OH, ONE ONE QUESTION BEFORE YOU GO.
YOU HAD MENTIONED THAT THERE WAS AN AWNING, UH, YOU MADE POINT OF REFERENCE TO AN AWNING OVER A SIDEWALK.
DOES THAT HAVE ANYTHING TO DO WITH THIS APPLICATION? IT, IT WAS, IT WAS MERELY AN OBSERVATION.
UH, THE REASON WHY IS BECAUSE IT WAS OVER THE SIDEWALK, WHICH IS, UH, THE RIGHT OF WAY.
AND THE APPLICANT, I BELIEVE WE HAD NOTIFIED HIM PREVIOUSLY OF THIS, AND, UH, I BELIEVE HE ALREADY WENT AND GOT THE, UM, THE PERMITTING PROCESS ALREADY STARTED UP WITH THE CITY OR WITH THE, UM, OH MY GOD, I FORGOT.
THAT'S ALREADY IN THE PROCESS.
MANNA, IS THE APPLICANT PRESENT MANNA, UH, COMMISSIONER MANNA? BUT IT, THAT PIECE IS NOT PART OF THIS DIALOGUE THOUGH, RIGHT? NO, IT'S NOT.
IT'S JUST MERELY LIKE A SIDE NOTE.
UH, IS THE APPLICANT PRESENT? YES.
IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
YOU CAN BEGIN YOUR PRESENTATION, SURELY.
MY NAME IS PAKO ICCI AND I AM THE, UH, SOLE OWNER OF, UH, OF ICCI CORPORATION, L L C, WHICH IS THE OWNER, UH, OF THIS PROPERTY.
UH, I DID BRING, UH, SOME SLIDES AND I DO HAVE SOME, UH, ACCOMPANYING HAMMER AS WELL.
IF YOU COULD STATE YOUR, YOU COULD STATE YOUR ADDRESS AS WELL.
MY ADDRESS IS, UH, 2124 WEST KINGS HIGHWAY.
J JUST DOWN THE STREET FROM THIS PROPERTY IN THE, UH, IN THE JEFFERSON NEIGHBORHOOD.
AND I'LL JUST WAIT FOR MR. OUTSIDE 'CAUSE HE'S GONNA BE RUNNING MY, MY SLIDES.
YOU JUST LAUNCH THE FIRST SLIDE?
[00:35:02]
YEAH.CAN YOU JUST LAUNCH THE PRESENTATION? YEAH, THERE YOU GO.
SO, UM, BEFORE I GET INTO SOME OF THE PARTICULARS, UH, CHAIRMAN, IF IT'S OKAY WITH YOU, I JUST WANTED TO PROVIDE A, A FULLER CONTEXT OF, UH, OF, OF THIS PROJECT, BECAUSE I THINK IT'S REALLY IMPORTANT ULTIMATELY, TO ADDRESS THE TWO QUESTIONS, UH, BEFORE YOU TODAY, IF I MAY.
UH, SO THIS, UH, HAS BEEN SOMETHING, UH, FOR ME IN THE MAKING FOR, YOU KNOW, IT'S REALLY A, A A, A PERSONAL DREAM OF MINE.
IT'S BEEN ABOUT 30 YEARS IN THE MAKING SINCE I FIRST HAD A CINTEL OF A NOTION THAT ONE DAY I WANTED TO OPEN AN, AN ART STUDIO AND AN ART GALLERY, UH, FOR MYSELF.
AND I WANNA MAKE IT VERY CLEAR THAT IN THIS PARTICULAR, UH, ENDEAVOR, I WANTED TO CREATE SOMETHING.
SO I MENTIONED THAT I LIVE ON WEST KINGS HIGHWAY, JUST A FEW BLOCKS DOWN, UH, FROM, UH, FROM THIS BUILDING.
BEEN A RESIDENT OF THAT NEIGHBORHOOD FOR THE LAST 13 YEARS.
AND FOR MANY YEARS, WE WOULD DRIVE BY, AND I WOULD TELL SHEILA, YOU KNOW, GOSH, I FEEL THAT THERE'S, YOU KNOW, SO MUCH POTENTIAL HERE THAT IT'S, UH, ABOUT TO TURN A CORNER.
I, I, I WISH I WISH MORE COULD BE DONE.
AND ULTIMATELY, SHE SAID, YOU KNOW WHAT? WHY DON'T YOU GO OUT THERE AND BE PART OF THAT SOLUTION? AND SO, THIS PROJECT, WHILE, WHILE IT IS ULTIMATELY GOING TO BE MY ART STUDIO, MY ART GALLERY, I VERY CONSCIOUSLY WANTED TO PROVIDE SOMETHING BACK TO THE COMMUNITY, A CASE STUDY, IF YOU WILL, THAT WOULD HELP INFORM SIMILAR DEVELOPMENTS OF, UH, OLDER PROPERTIES IN THE FULTON, FREDERICKSBURG ART DECO DISTRICT CORRIDOR.
SO, JUST A LITTLE BIT ABOUT MYSELF.
FUNNY LOOKING GUY, FUNNY SOUNDING NAME.
BUT I AM VERY SERIOUS ABOUT MY WORK AS AN ARTIST.
I'VE BEEN DOING IT FOR THE LAST 25 YEARS.
I STILL HAVE KEPT MY DAY JOB, BUT THIS HAS BEEN A DRIVING PASSION OF MINE FOR MANY, MANY YEARS.
AND SOMETHING THAT HAD ME VERY EXCITED WHEN I STARTED THIS PROJECT WAS THIS NEXT SLIDE, PLEASE, WAS TO REALIZE THAT, UH, THERE HAD ALREADY BEEN A LOT OF THINKING DONE BY THE, UH, CITY OF SAN ANTONIO, BY THE SURROUNDING COMMUNITY.
THERE IS A FREDERICKSBURG, UH, CORRIDOR PLAN, UM, BELIEVE MANY OF YOU MIGHT MIGHT BE FAMILIAR WITH IT, SOME OF YOU MIGHT HAVE PARTICIPATED IN IT.
BUT THIS PARTICULAR RENDERING IS ACTUALLY RIGHT NEXT DOOR TO MY, UM, UH, TO MY BUILDING.
SO WHERE YOU SEE THE, UH, COSA POLICE PRECINCT ON THE LOWER RIGHT, MY BUILDING IS DIRECTLY IN FRONT OF THAT.
OF COURSE, THIS IS A VISION OF, UH, OF THE COMMUNITY, OF THE CITY TO JUST ENHANCE THIS O THE, THE, THIS HI, THIS HISTORIC DISTRICT TO ADD WALKABILITY, TO ADD VIBRANCY, TO ADD RETAIL OPTIONS, UH, THAT BENEFIT THE CLOSELY ADJOIN ADJOINING NEIGHBORHOODS.
AND WHAT REALLY EXCITED ME WAS THE PROJECT GOALS.
THAT, THAT THE STATED GOALS ALIGN DIRECTLY WITH THE WORK THAT I'VE BEEN DOING, AND WITH THE VISION THAT I HAVE FOR THIS PROPERTY, TO STRENGTHEN VALUES AND PROVE PHYSICAL APPEARANCE, IMPROVE PROPERTY UPKEEP, IMPROVE ACCESS FOR PEDESTRIANS, STRENGTHEN THE CORRIDOR, AND INCREASE THE SATISFACTION OF THE SURROUNDING RESIDENTS.
SO, BIG POTENTIAL, EVEN BIGGER EFFORT.
ON THE LEFT, THAT'S WHERE WE STARTED.
AND, UH, JUST AS A, AS A SIDE NOTE, SO IN QUESTION TO THE AWNING, THAT AWNING IS THE, THE FOOTPRINT IS HISTORIC.
THE BUILDING DATES FROM 1945, IT USED TO BE A FLOWER SHOP.
SO IT WAS A MATTER OF REPLACING THE AWNING WITH A MORE MODERN, FRANKLY, WITH A MUCH MORE AESTHETICALLY PLEASING AWNING.
THAT AMONG OTHER THINGS, WHEN WE REMOVED THAT AWNING, WE, WE, UH, FOUND OUT THAT IT HAD SOME VERY NICE ORIGINAL ART DECO ELEMENTS THAT ARE BEFITTING OF, UM, OF THAT NEIGHBORHOOD.
SO THIS IS WHAT I GOT MYSELF INTO AT THE TIME OF PURCHASE.
WE'RE LOOKING AT, UH, THE BUILDING CIRCA NOVEMBER OF 2019.
I ACQUIRED IT IN DECEMBER OF THAT YEAR.
UH, THAT LITTLE BUILDING OFF TO THE RIGHT, THAT'S PART OF THE PROPERTY, TWO SEPARATE BUILDINGS AT THAT TIME.
THAT BUILDING TO THE RIGHT, I THINK CAN BE CHARITABLY CALLED, UH, TERMITES HOLDING HANDS.
THAT WAS THE SIDE YARD, UH, AT THE TIME THAT I ACQUIRED.
OF COURSE, THIS IS GOING TO BE VERY IMPORTANT BECAUSE IT DEALS WITH THE, UH, WITH THE FIRST ISSUE, THE CANOPY ISSUE.
UH, AGAIN, JUST, UM, THIS WAS THE ACCESS ON THE OTHER SIDE INTO THAT, UH, SMALLER SIDE BUILDING.
NEXT SLIDE, MORE OF THE SAME NEXT SLIDE.
[00:40:01]
WAS THE LUXURIOUS INTERIOR, UH, OF THAT BUILDING.UH, HUMAN BEINGS WERE LIVING ILLEGALLY ON THAT PROPERTY AT THAT TIME IN THAT BUILDING.
SO THAT'S THE INTERIOR OF THE MAIN BUILDING.
AND AS YOU CAN SEE, UH, IT REVEALS THE, UH, MANY YEARS OF, UH, WATER DAMAGE BECAUSE OF THE, UH, UM, BECAUSE OF THE SLOPE OF THE PROPERTY, I AM DOWN SLOPE.
AND SO ON THE EASTERN SIDE OF THE BUILDING, UH, UH, GRADE IS ANYWHERE FROM TWO TO THREE FEET ABOVE.
SO, UH, DEPENDING ON WHICH SIDE OF THE BUILDING, I, I, I GO OUT, UH, I HAVE TO CLIMB EITHER THREE OR FOUR STEPS TO GET TO GRADE LEVEL.
NEXT SLIDE, MORE OF THE SAME INTERIOR AT THE TIME OF ACQUISITION, I THINK EVERYONE KNOWS WHERE IT IS.
JUST THE HEART OF THE DECO DISTRICT.
SO IF YOU'RE FAMILIAR WITH THE AREA, RIGHT? UM, UH, RIGHT ACROSS THE STREET FROM THE CITY OWNED, UH, UH, FACILITY THAT HAD, UH, THE FORMER SUBSTATION, THE ASAN CULTURAL CENTER, UH, AND, UH, HALF A BLOCK OFF OF, UH, FREDERICKSBURG.
SO, VERY IMPORTANT, UH, FOR, UH, FOR THIS APPLICATION THAT NEIGHBORING 1 35 BEAL STREET AND MY PROPERTY, 60 0 6 FULTON.
WELL, YOU'LL NOTICE, OF COURSE, THAT I AM THE ONE COMMERCIAL PROPERTY THAT IS ABUTTING AGAINST TWO RESIDENCES WHEN THEY STARTED LIFE, MORE OR LESS AROUND THE SAME TIME.
I BELIEVE, UH, UH, UM, 1 35 BE PREDATES MY PROPERTY BY A FEW YEARS.
MY PROPERTY WAS BUILT IN, UH, AS I SAID, IN 1945.
BUT THEY WERE ONE LOT AT THAT TIME.
THEY LIVED IN THE HOUSE AND THEY SOLD FLOWERS NEXT DOOR.
AT SOME POINT IN TIME, I'M NOT SURE WHEN, I'M SURE WE COULD SEARCH THE DEEDED RECORDS, BUT THE TWO PROPERTIES WERE SUBDIVIDED.
SO, UH, I WOULD NOT BE HERE TODAY, OR I WOULD HAVE COME TO YOU SOONER HAD IT NOT BEEN FOR THE UNFORTUNATE FACT THAT I INITIALLY HIRED A COMPLETELY UNSCRUPULOUS, UNPROFESSIONAL, FRAUDULENT CONTRACTOR WHO REPEATEDLY ASSURED ME THAT HE HAD RECEIVED ALL NECESSARY PER PERMITS THAT HE HAD PUT IN ALL NECESSARY APPLICATIONS.
I DID QUESTION HIM ON THE SETBACK OF THE AWNING, AND HE SAID, NO, WE'VE HAD IT CLEARED BY THE CITY.
THIS WOULD'VE BEEN AROUND APRIL, MAY OF 2020.
EVERYONE WAS DEALING, UH, WITH COVID.
I DO HAVE, UH, A DAY JOB THAT KEPT ME QUITE OCCUPIED.
THIS GUY CAME VERY HIGHLY RECOMMENDED.
UH, AND UNFORTUNATELY, IT WAS NOT UNTIL THE DEFECTIVE NATURE OF A LOT OF HIS WORK STARTED PRESENTING ITSELF THAT I WAS ABLE TO, AND THIS WAS, UH, BEFORE THE CITY HAD ITS CURRENT SYSTEM WHERE THE OWNER IS ALSO NOTIFIED EVERY TIME THERE IS AN INSPECTION, EVERY TIME THAT, UH, YOU KNOW, PLAN APPROVAL, ET CETERA HAPPENS, WHERE I'M NOTIFIED DIRECTLY, THAT WAS NOT IN PLACE AT THAT TIME, OR AT LEAST I DID NOT RECEIVE ANY COMMUNICATION DIRECTLY FROM THE CITY.
AND IT WAS NOT UNTIL THE END OF, UM, OF, OF LAST YEAR, ONCE, UH, HIS, HIS WORK BECAME CRITICALLY DEFECTIVE, WHERE I DEMANDED TO MEET WITH THE ENGINEER.
HE ASSURED ME HE HAD, UM, HE HAD SECURED, UH, AND, UH, WHEN I DEMANDED TO MEET WITH THE CITY STAFF THAT HAD APPROVED ALL THIS, THAT HE EFFECTIVELY DISAPPEARED.
SO HE WAS FIRED AND DISMISSED FROM THE JOB.
AND I SPENT THE BETTER PART OF FROM NOVEMBER THROUGH, UH, THIS SPRING, JUST PICKING UP THE PIECES.
SO IDENTIFYING A NEW CONTRACTOR, IDENTIFYING AN ACTUAL ENGINEER, IDENTIFYING A NEW ARCHITECT.
THE, THE, THE, UH, UM, WE SPENT, I SPENT, UH, UPWARDS OF $30,000, UH, BETWEEN ARCHITECT, ENGINEER, UH, LEGAL FEES, SETTING THINGS STRAIGHT WITH THE CITY, UH, TRYING TO FIGURE OUT WHAT EXACTLY, UH, HAD BEEN SUBMITTED BY THE INITIAL CONTRACTOR, WHAT HADN'T.
UH, WE WORKED VERY, VERY CLOSELY WITH DEVELOPMENT SERVICES, HAD NUMEROUS SITE VISITS THERE, UH, OVER THE COURSE OF, UM, UH, OF THIS LAST, UH, SPRING, ULTIMATELY GOT THE PROPER PLAN APPROVAL, THE PROPER PERMITTED, UH, PERMITTING.
[00:45:01]
VERY HAPPY TO INFORM THAT, UH, THE, UH, UH, THE PROJECT IS NOT ONLY MOVING FORWARD, BUT ACTUALLY RIGHT NOW AS WE SPEAK, WE'RE UNDERGOING SOME OF THE FINAL INSPECTIONS WITH AN I TWO, UH, HAVING SOME CLOSURE ON THIS BY, UH, THE END OF THIS MONTH.AND, UH, BY THE WAY, I HAVE NOTIFIED, UH, DEVELOPMENT SERVICES.
IN FACT, I EMAILED MICHAEL SHANNON DIRECTLY AND ASKED HIM TO LOOK INTO THIS PARTICULAR CONTRACTOR.
I HAVE COME TO DISCOVER THAT HE DID EXACTLY THE SAME THING TO A, A NEARLY IDENTICAL PROJECT.
A, A REHAB OF A SMALL COMMERCIAL BUILDING ON, UM, ON ROOSEVELT STREET.
SO, SO, SO, SO JUST, UM, YOU KNOW, ENOUGH OF THE, THE HISTORY LESSON, SO SPECIFICALLY ON THE CANOPY.
SO AGAIN, THIS WAS CONSTRUCTED BY THE, UH, BY MY INITIAL CONTRACTOR WHO WAS DISMISSED WELL, IF HE EFFECTIVELY ABANDONED THE PROJECT.
AND WHEN WE HIT THE RESET WITH THE CITY OF SAN ANTONIO, WHEN WE DID GET PLAN APPROVAL, IT WAS INDICATED CORRECTLY, I BELIEVE, AS AN EXISTING, UH, STRUCTURE, BECAUSE IT WAS, AT THE TIME THIS WAS UNDER A DIFFERENT NEW PERMIT FROM THE ORIGINAL CONTRACTOR.
AND, UH, AND IT WAS NOT UNTIL I RECEIVED A NOT NOTIFICATION FROM MS. ROXANNE RAMIREZ OF, UH, CODE ENFORCEMENT.
SHE SAID, WELL, ACTUALLY, JUST BECAUSE YOU HAVE THE PLAN APPROVAL, IT DOES NOT, UH, AUTOMATICALLY GRANT YOU, UM, UH, UH, UH, WHAT I'M HERE FOR.
SO, UH, UH, A VARIANCE REQUEST.
SO, SO WE STARTED THAT PROCESS IMMEDIATELY UPON LEARNING OF THAT, I BELIEVE IT WAS IN SEPTEMBER OF THIS YEAR.
SO, AGAIN, YOU KNOW, WHY IS IT NEEDED? UH, MR. ATE, UH, REFERENCED IT.
AND AGAIN, YOU KNOW, SAME PICTURES AS BEFORE, UH, YEARS AND YEARS OF WATER INFILTRATING INTO THAT VERY NARROW YARD THAT IS DOWN SLOPE FROM THE, UH, ADJACENT PROPERTY.
UH, THAT WAS ACTUALLY AT THE BEGINNING OF, UH, THE CONSTRUCTION PROCESS BEING STARTED.
SO AFTER JUST A SINGLE RAINFALL, I HAD AN INDOOR SWIMMING POOL, UH, IN THE, UH, IN THE BACK PART OF THE BUILDING WITH WATER SEEPING, BOTH FROM THE SOUTHERN AND FROM THE, UM, BUT, BUT PRINCIPALLY FROM THE, UH, FROM THE EASTERN WALL, UH, THAT IS, UH, THAT IS BELOW GRADE.
SO THAT WATER THERE IS, UH, ALMOST ANKLE DEEP, AND THAT'S JUST A SINGLE MODERATE RAIN INCIDENT.
UM, SO AGAIN, I, I THINK YOU, YOU HAVE IT IN FRONT OF YOU IN THE HANDOUTS, BUT THAT IS THE, UH, THE, THE, THE STRETCH OF, UH, CANOPY THAT EXTENDS THE LENGTH OF THE, UM, UH, OF, OF, OF THE LARGER BUILDING.
AND AGAIN, THIS HAS BEEN A, UH, FLOOD PRONE AREA FROM, UH, FROM DAY ONE.
WHAT DOESN'T SEEP INTO THIS, INTO THE BUILDING, USED TO CREATE A MUDDY MESS, USED TO ATTRACT ALL KINDS OF MOSQUITOES AND CRITTERS.
NEXT SLIDE, SO, BEFORE AND AFTER.
AND SO AS YOU'LL SEE, IF, IF YOU GO BACK, UH, UH, JUST ONE PLEASE, UH, UM, A A AMONG OTHER THINGS, WE ADDED TO THE, UH, IMPERVIOUS COVER THAT, UH, THE, UM, OR, OR RATHER, WE, WE ADDED PAVERS, UH, TO, UH, TO PREVENT THE, THE WATER FROM SEEPING AS MUCH AS POSSIBLE INTO THE SOIL.
UH, EVERYTHING IS GRADED TO GO INTO, UH, THAT, UH, THAT GUTTER.
AND THEN THE GUTTER GOES OUT INTO THE STREET, AND THERE'S ACTUALLY AN INLET, UH, A STORMWATER INLET RIGHT IN FRONT, UH, OF THIS PROPERTY.
AND AGAIN, UH, I MENTIONED THAT IT WAS BELOW GRADE.
SO ON THE LEFT, THAT'S TOWARDS, UH, IT, IT, BOTH OF THESE DOORS ARE ON THE EASTERN SIDE OF THE, UH, UH, OF THE BUILDING.
THE ONE ON THE LEFT IS ABOUT 27 INCHES.
THE ONE ON THE RIGHT IS, UH, OVER, UH, OVER 30 INCHES BELOW GRADE.
AND, UH, IN THE PROCESS OF THE CURRENT REMODEL, WE, UH, AS WE WERE PREPARING FOR THE PAVERS, WE UNEARTHED AN ARTIFACT, WHICH WAS, YOU KNOW, AT SOME POINT IN TIME, SOMEONE TRIED TO DO SOME KIND OF DRAINAGE, UH, DIDN'T WORK.
UH, THIS WAS, UH, THAT HEAVY RAIN INCIDENT, UH, OVER THE WEEKEND.
THE WATER IS, UH, UH, IS, IS, IS ROLLING INTO THAT GUTTER.
IT'S ROLLING OUT INTO THE STREET.
I TOLD MY NEIGHBORS, ABSOLUTELY, NOTIFY ME IF THIS CREATES ANY ISSUES WITH YOU.
[00:50:01]
AND ZIGGY APPROVES, VERY IMPORTANTLY.AND, UH, AGAIN, JUST IN TERMS OF, UH, ADDED CONTEXT FOR THE SURROUNDING NEIGHBORHOODS.
WELL, UH, WE'RE IN THE OLDER, UH, DECO DISTRICT.
UH, THERE ARE NO SETBACKS IN ABOUT HALF OF THOSE PROPERTIES.
IN A LOT OF CASES, YOU HAVE AWNINGS THAT POUR DIRECTLY INTO THE NEIGHBORING PROPERTY.
UH, THIS ONE IS FAIRLY IMPORTANT.
IN THE PREVIOUS SLIDE, YOU SAW SEVERAL EXAMPLES OF, UH, SIMILAR STRUCTURES WHERE, WHERE THE WATER GOES INTO NEIGHBORING PROPERTY.
THOSE WERE RESIDENTIAL, ADJACENT TO RESIDENTIAL.
BUT IN THE EVENT THAT SOMEONE WAS ASKING THE QUESTION, WELL, WHAT ABOUT COMMERCIAL ADJACENT TO, TO RESIDENTIAL? WELL, THERE YOU HAVE IT.
UH, THIS IS A, UH, UH, 1619 WEST KINGS HIGHWAYS A RESIDENCE.
WHAT YOU'RE SEEING IS THE BACK OF 1707.
FREDERICKSBURG USED TO BE JOE'S GYM.
I BELIEVE THAT'S ABOUT TO BECOME A DENTAL, UH, A DENTAL CLINIC.
BUT AS YOU CAN SEE, THAT PROPERTY IS FLUSH AGAINST THE BUILDING IS ACTUALLY FLUSH AGAINST THE PROPERTY LINE.
YOU HAVE, UH, A LAW OFFICE TO THE RIGHT AND VERY LITTLE OFFSET TO THE RESIDENTIAL PROPERTY ON THE LEFT, WATER ROLLS DOWN ONTO THE RESIDENTIAL PROPERTY.
SAME STORY HERE, UH, RESIDENCE TO THE RIGHT.
SO IT'S ABOUT A BLOCK, BLOCK OR TWO AWAY FROM, UH, FROM MY PROPERTY.
AND YOU HAVE A, UH, WHAT STARTED OUT AS A COMMERCIAL PROPERTY ON THE LEFT WITH A CANOPY OVER IN THE BACK THAT ROLLS INTO THE ADJACENT RESIDENTIAL LOT.
SO, AGAIN, I THINK THAT, UH, ON THIS PARTICULAR PROJECT, JUST TYING IT BACK TO WHAT THE COMMUNITIES, WHAT THE CITY'S VISION WAS, UH, FOR THE CORRIDOR, WELL HAVE THE, I I, I BELIEVE THE ANSWER IS A RESOUNDING YES TO EVERY SINGLE ONE OF THESE POINTS.
UH, THE PROPERTY, LET'S NOT MINCE WORDS, HAS BEEN TRANSFORMED, HAS BECOME AN ASSET FOR THE COMMUNITY.
UH, IT'S GOTTEN ACCOLADES FROM THE SURROUNDING NEIGHBORHOODS, PARTICULARLY FROM THE NEIGHBORS ADJACENT TO WHERE THE, UH, WHERE THE CANOPY, UH, IS LOCATED.
AND I, UH, SUBMITTED TO YOU AND SUBMITTED TO STAFF A VERY STRONGLY WORDED LETTER IN SUPPORT OF, UH, OF THE CANOPY.
SO AGAIN, UH, JUST, UH, AT THE BOTTOM, SOME OF THE VERBATIMS, UH, TAKEN FROM THE NEIGHBORS.
AND THEN, UH, JUST TO RECAP, THIS WAS ORIGINALLY PART OF, UH, THE, THE PLANS THAT WERE SUBMITTED BY THE NEW CONTRACTOR.
UH, UM, PLANS THAT WERE APPROVED LAST SUMMER.
UH, UH, THE, UH, BOARD OF ADJUSTMENT STAFF, UH, CONCURS WITH, UH, UH, APPROVAL OF THE CANOPY CONTRACTOR ENGINEER.
EVERY PROFESSIONAL I'VE CONSULTED INDICATES THAT IT IS IMPERATIVE WITHOUT THE CANOPY.
IT'S ONLY A MATTER OF TIME BEFORE WE START SEEING WATER SEEPAGE BE BEFORE WE START, UH, SEEING DAMAGE TO, UH, TO THE BUILDING AGAIN.
AND, UM, AGAIN, THE NEIGHBORS LOVE IT.
THEY LOVE THE O OVERALL PROJECT, UH, UH, AS WELL.
UM, SO I KNOW THAT WE'RE GONNA VISIT ON TWO ISSUES.
I DIDN'T KNOW, UH, MR. CHAIRMAN, IF YOU WANTED TO DO QUESTIONS NOW ON THE CANOPY, OR FOR ME TO JUST KNOCK OUT THE, UH, THE OTHER ITEM AS WELL.
NOW, WHAT WHAT'S GONNA HAPPEN IS, UM, YOU, YOU'RE HERE, UH, THIS, THIS, UH, AGENDA ITEM IS, IS, UH, FOR THE, THE CANOPY AND THEN THE, THE CAST IRON, UH, METAL FENCE.
AND SO, IF, IF IS ANYTHING YOU WANTED TO REMARK ABOUT THE FENCE? YEAH, UH, YEAH, I'LL BE GLAD TO.
ALL RIGHT, SO HOW IT STARTED, HOW IT'S GOING.
SO AGAIN, IT WAS A DECREPIT PROPERTY.
UH, IT WAS, UH, JUST HAPHAZARD, UH, YOU KNOW, FOUND WOOD SCRAP OBJECTS, UH, THAT, THAT WAS THE FENCE AS IT STOOD TO, TO THE BEST OF ANYONE'S MEMORY, AT LEAST 30 YEARS WITHIN THAT NEIGHBORHOOD TO THE RIGHT IS, UH, THE NEW, UH, FENCE.
BUT I WANT TO MAKE, UH, THE POINT, AND MR. OTTE, UH, ALLUDED TO IT IN HIS PRESENTATION, IN HIS, UH, IN HIS RECOMMENDATION AS WELL.
IT'S ACTUALLY A, A PIECE OF ART.
SO YES, OBVIOUSLY IT SERVES THE PURPOSE OF, OF OFFENSE, BUT IT IS A SERIOUS MURAL.
UH, AGAIN, THAT'S, UH, FROM, UH, MR. ARTES, UH, IN STAFF'S RECOMMENDATION.
SO, UH, JULIO GARCIA IS THE ARTIST.
UH, HE'S AN EMERGING SCULPTOR FROM HERE IN SAN ANTONIO.
DURING EARLY DAYS OF COVID, I, UH, CONTACTED JULIO AND I SAID, YOU KNOW, YOU KNOW, THERE WASN'T MUCH WORK COMING HIS WAY.
AND I SAID, LOOK, I'VE GOT, I'VE GOT THIS PROJECT,
[00:55:01]
UH, FOR YOU.UM, AND, AND I DID, BY THE WAY, CHECK WITH MY CONTRACTOR AT THAT TIME AND SAID, IF WE DO THIS, IS THERE ANY KIND OF SPECIAL PERMITTING REQUIRED? IT'S GOING TO BE A LITTLE BIT UNUSUAL.
IT'S, IT'S JUST GONNA SAIL THROUGH.
IT'S LIKE, ALRIGHT, SO, SO WE MOVE FORWARD WITH IT.
SO IT ACTUALLY STARTED, THE, THE FOUNDATION OF THE STRUCTURE IS, UM, UH, DECORATIVE ROD IRON, UH, WHICH, UH, JULIO ACQUIRED AND THEN STARTED ADDING THE EXTERNAL, UH, SCULPTURE TO THAT NEXT SLIDE.
SO THERE'S, UH, JULIO WITH THE ALMOST FINISHED WORK, IT WAS BUILT OFFSITE AT HIS STUDIO IN, UH, DITY.
UH, THAT IS THE, UH, DAY OF THE INSTALLATION.
SO HALF THE NEIGHBORHOOD COMES OUT, THEY LOVE IT.
NEXT SLIDE, JULIO, PUTTING IN THE FINAL TOUCHES.
UH, THERE IT IS, UH, SHORTLY AFTER IT WAS INSTALLED LAST SUMMER.
AND AS YOU CAN SEE, THAT CANOPY IS STARTING TO GO UP RIGHT AROUND THAT TIME, BECAUSE AGAIN, MY CONTRACTOR SAID THAT EVERYTHING WAS ABSOLUTELY PEACHY.
UH, LIKE I SAID, THE PROJECT IS IN ITS, UH, HOME STRETCH RIGHT NOW, AND ONE OF THE FINAL, RIGHT NOW WE'RE FOCUSING ON ALL OF THE INTERIOR STUFF.
THE LAST PIECE THAT WE'RE GOING TO FOCUS ON IS EXTERIOR LANDSCAPING.
SO THE IDEA IS FOR THIS FENCE TO SERVE AS A BACKDROP TO A Z ESCAPED FRONT USING NATIVE, UH, UM, UH, NATIVE PLANTS.
UH, I PLAN TO ALSO ADD A PLAQUE THAT DENOTES THIS AS A WORK OF ART THAT GIVES A LITTLE BIT OF, UH, BACKGROUND TO ITS HISTORY AND HIGHLIGHTS, UH, THE ARTIST AS WELL, UH, MUCH LIKE YOU DO, UM, UH, IN OTHER PLACES OF SAN ANTONIO WITH PUBLIC ART.
THE, YOU KNOW, THE, THE, THE RIVER EXTENSION BEING A PRIME EXAMPLE OF THAT NEXT SLIDE.
UM, SO AGAIN, UH, THIS IS MORE OR LESS WHAT IT LOOKS LIKE.
NOW, WE'VE ACTUALLY ADDED ANOTHER, ANOTHER SHEET IN FRONT OF THAT, UH, THAT METAL, UH, UM, UH, UH, GATE TO THE RIGHT NEXT SLIDE.
AND AGAIN, UH, THIS COULD NOT BE MORE BEFITTING, UH, IN MY HUMBLE OPINION OF THE ART DECO DISTRICT.
AND, UH, AND IT WOULD FIT RIGHT IN WITH A RATHER ECLECTIC MIX OF, UH, MURALS AND PUBLIC ART OFFERINGS THROUGHOUT THE NEIGHBORHOOD.
CASE IN POINT IS THE CITY OF SAN ANTONIO'S OWN MURAL THAT IS, UH, DIRECTLY DOWN THE STREET.
IF YOU LOOK AT, UH, SO, UH, A THREE DIMENSIONAL MURAL OF THE ALAMO.
IT'S, UH, RIGHT BEHIND THE, UH, UH, ALINE CULTURAL CENTER ON THAT, UH, PICTURE TO THE RIGHT.
IF YOU LOOK WAY DOWN THE STREET, IT'S ABOUT 150 FEET.
THAT'S MY PICKUP TRUCK IN FRONT OF MY BUILDING RIGHT THERE.
SO YOU DON'T HAVE VERY FAR TO WALK TO SEE, UM, THE OTHER VARIETIES OF PUBLIC ART.
NEXT SLIDE, OF COURSE, THE VERY ICONIC, UH, CITY, UH, UH, ROAN, UH, EXTERIOR, WHICH IS A MO MOSAIC.
LOTS OF MURALS UP AND DOWN THE FULTON AND THE, AND THE FREDERICKSBURG CORRIDOR.
THAT'S, UH, RIGHT ACROSS THE STREET.
THAT'S THE, UH, BRANDON'S, UH, LUMBERYARD MURAL.
NEXT SLIDE, JUST DOWN THE STREET ON FREDERICKSBURG.
UH, JUST DOWN THE STREET ON FREDERICKSBURG, UH, ANTIQUE SHOP, UH, CLEVER DECIDED TO USE, UH, RECYCLED DOORS, UH, FOR THEIR, UM, UH, FOR THEIR GATE, FOR THEIR FANS FACING, UH, FREDERICKSBURG.
MIGHT NOT SURPRISE YOU TO LEARN THAT THEY SELL ANTIQUE DOORS THERE.
UH, JUST, UH, YOU KNOW, IT, THIS ISN'T, UH, SOMETHING NEW.
THIS IS JUST DOWN THE STREET, UH, ON FULTON.
IT'S, UH, ONE OF MY FAVORITE HOMES IN THE NEIGHBORHOOD.
THIS IS ACTUALLY, I, I WISH THIS WERE MY HOME.
I ACTUALLY LIVE ONE BLOCK OVER.
BUT AS YOU CAN SEE, THE, THE SPIRIT OF, UH, REPURPOSING MATERIALS IN A, IN A CREATIVE WAY HAS BEEN AROUND SINCE AT LEAST 1935 IN THIS NEIGHBORHOOD.
UM, AGAIN, JUST A MIX OF DIFFERENT ELEMENTS WITHIN A COUPLE OF BLOCKS.
ONE OF THE THINGS THAT I WOULD LIKE TO DO ONCE, UH, THE, UM, UH, ONCE I'M, I'M, I'M DONE WITH, WITH MY BUILDING PROJECT, IS TO ACTUALLY START WORKING IN THE ART STUDIO, BUT TO ALSO WORK WITH THE SURROUNDING, UH, UH, BUSINESSES IN THE NEIGHBORHOOD ASSOCIATION AND TO CREATE SOME KIND OF WEBSITE, SOME KIND OF MAP THAT, UH, THAT VISITORS, UH, CAN ACCESS THAT TAKES YOU ON A WALKING TOUR OF THE DIFFERENT, UH, YOU KNOW, PUBLIC ART PROJECTS THROUGHOUT THE NEIGHBORHOOD.
BOTH THOSE THAT ARE CITY ESTABLISHED, CITY OWNED, AND PROJECTS SUCH AS MINE, WHICH ARE ON PRIVATE PROPERTY.
UH, AND, UH, YOU KNOW, THIS WASN'T SOMETHING THAT WAS, UM, YOU KNOW, JUST PULLED OUT OF A HAT.
[01:00:01]
I, I FANCY MYSELF TO BE AN ARTIST AND I'VE, UH, I'VE DONE, UH, MY HOMEWORK IN TERMS OF INTEGRATING INTO THIS PROJECT DIFFERENT ELEMENTS OF, YOU KNOW, SOME OF THE BEST QUALITY PUBLIC ART THAT WE SEE HERE IN SAN ANTONIO.I THINK ONE OF THE BEST EXAMPLES OF THAT IS THE RIVER EXTENSION, THE VERY ICONIC CONFLUENCE PARK, WHICH HAS MADE SOME VERY INTERESTING AND CLEVER USED OF REPURPOSED.
SO WE, WE NEED TO STAY ON TOPIC.
IF, IF THERE'S ANYTHING THAT, THAT WOULD BE, WE'RE YOU WERE USING ART OR, OR CAST IRON AS A FENCING MATERIAL? THAT'S WHAT WE'RE REALLY INTERESTED IN.
UH, BUT WE JUST, WE DO NEED TO MAINTAIN, OKAY.
UH, MY, MY POINT HERE IS THAT IT, IT RESEMBLES OTHER PUBLIC ART PROJECTS.
NEXT, NEXT, UH, I THINK THIS IS A, A, A VERY CLEAR EXAMPLE OF PUBLIC ART IN SAN ANTONIO THAT IS USING THE SAME KINDS OF MATERIALS.
SO AGAIN, UH, WE'LL BE ADDING X ESCAPING TO THE FRONT GATE.
YEAH, WE, WE, WE REALLY NEED TO STAY ON TOPIC SERIOUSLY.
AND THAT WOULD BE JUST AN EXAMPLE.
UH, OBVIOUSLY THAT'S, THAT'S RENDERING UPON COMPLETION.
AND AGAIN, IT, IT, YOU KNOW, IT JUST TIES BACK TO THE FREDERICKSBURG PROJECT.
WELL, AND THEN LASTLY, AND, UH, UH, I, I STARTED THIS ENTIRE EFFORT WANTING TO BE AN ASSET FOR THE COMMUNITY.
AND, UM, I HOPE IT'S NOT TOO FAR OFF TOPIC, BUT SINCE I STARTED THIS, THIS REDEVELOPMENT, ONE OF THE THINGS I DID WAS BUILD A BACK FENCE, UH, UH, UH, AT MY EXPENSE.
UH, YOU KNOW, THAT IS A, A HOME THAT WAS, UH, UH, SET OF BLAZE ABOUT THREE YEARS AGO.
IT WAS BEING USED, UH, UH, UM, UH, FOR, UM, ILLEGAL PURPOSES.
I DID THAT TO THE BENEFIT OF MY NEXT DOOR NEIGHBOR.
UH, TO MY NEIGHBORS, UH, IN THE ADJACENT FULTON PROPERTY LIKE, UH, OR, UM, THE ADJACENT, UH, BEAL STREET PROPERTY, AS I HAD INDICATED, THEY WERE BOTH ONE PROPERTY AT, UH, ONE POINT IN TIME.
SO MUCH SO THAT WHEN I GOT INTO IT, I DISCOVERED THAT.
I THINK THAT THIS, WE'VE, WE HAVE HEARD GOT IT.
AND WE'RE READY TO, TO MOVE ON.
UM, SO SIR, IF YOU COULD, IF ANYTHING QUICK YOU WANT TO ADD, BUT WE NEED TO MOVE ON TO, UH, YEAH, I'M SORRY I WENT LONG, BUT, UH, LIKE, UH, THE PREVIOUS GENTLEMAN, THIS IS SOMETHING THAT IS VERY NEAR AND DEAR, UH, TO ME.
LIKE HIM, I HAVE LOST MANY, MANY NIGHTS OF SLEEP, UH, OVER THIS PROJECT.
AND, UH, IT WAS AN UNWELCOME SURPRISE TO LEARN THAT THE, THE PREVIOUS CONTRACTOR AMONG THE MANY LIES THAT HE HAD TOLD.
IT WAS WITH REGARD TO THE AWNING, WITH REGARD TO THE SITE GATE, WITH REGARD, UH, TO THE CANOPY.
AND SO, I'M SORRY IF I WENT LONG, I JUST WANTED TO LEAVE NO STONE UNTURNED.
I WANTED TO MAKE IT ABSOLUTELY CLEAR THAT THIS IS A PASSION PROJECT FOR MY, I WANT TO DO IT RIGHT.
I THANK EVERYONE FOR YOUR TIME AND YOUR CONSIDERATION.
I WOULD LIKE TO PERSONALLY THANK, UH, MR. ATE.
HE HAS BEEN, UH, A GREAT GUIDE, UH, THROUGHOUT, UH, THE, UH, THIS PROCESS.
AND SIMILARLY, I'D LIKE TO THANK, UH, CODE ENFORCEMENT ROXANNE RAMIREZ, UH, WHO, UH, CALLED, UH, MY ATTENTION, UH, TO THIS AND THE MOMENT I FOUND, FIND OUT, FOUND OUT.
AND I'M SURE THAT SHE AND OTHER CITY STAFF WILL ATTEST THAT I WAS NOTHING IF NOT ON TOP OF DOING THE RIGHT THING.
UH, IF YOU COULD PLEASE, UH, TAKE A SEAT REAL QUICK.
WE'RE GONNA SEE IF THERE'S ANY PUBLIC COMMENTARY, ANYONE SIGNING TO SPEAK.
WE HAVE A COUPLE VOICEMAILS TO PLAY.
WELL, LET'S PLAN AM HI, MY NAME IS JENNIFER STAFFORD.
I LIVE AT ONE THREE FIVE BEAL.
MY PHONE NUMBER IS AREA CODE (404) 849-5366.
AND I'M CALLING IN REGARDS TO CASE NUMBER ENDING IN 1 6 6 REGARDING 1 6 0 6 FULTON AVENUE.
I JUST WANTED TO CALL AND LEAVE A MESSAGE TO LET YOU KNOW THAT I'M IN FULL SUPPORT OF GRANTING THE VARIANCE FOR THE FENCE AND ALSO THE SIDE GATE.
UM, EVERYTHING THAT'S BEEN DONE TO THE PROPERTY IS ACTUALLY, I FELT LIKE ENHANCED HOURS BECAUSE THE PROPERTY WAS NOT IN VERY GOOD SHAPE TO BEGIN WITH.
SO WE DO APPRECIATE ALL THE WORK THAT HAS BEEN DONE AND HAVE ABSOLUTELY NO PROBLEM WITH THE AWNING OR THE FENCE.
UM, I HOPE YOU TAKE THIS IN CONSIDERATION AND DO GRANT IT.
[01:05:01]
QUESTIONS FOR ME, PLEASE, PLEASE CALL.UM, AGAIN, I SUPPORT THE AWNING AND THE, UH, FENCE.
I LIVE AT 1514 FULTON, AND I'M CALLING ABOUT THE CASE NUMBER, UM, 0 1 6 6, AND IT'S ABOUT 1606 FULTON.
AND I JUST GOT, I GOT THAT LETTER ABOUT THE SPACE, ABOUT THE, UM, YOU KNOW, THE, THE SETBACK AND THE METAL FACE METAL FENCE, AND THEN THE ACTUAL, UM, STRUCTURE, THE ONE STORY STRUCTURE, AND THEN I GUESS THE PATIO COLOR.
I, I THINK IT'S REALLY BEAUTIFUL AND IT ADDS FOR, TO OUR NEIGHBORHOOD.
I DON'T SEE ANY ISSUES WITH IT, SO I'M DEFINITELY FOR IT.
UM, AND I DO BELIEVE THAT I'M, I'M ALSO AN ARTIST TOO, SO IN THE AREA, SO I WOULD DEFINITELY SUPPORT THE ARTS AND, AND THIS GENTLEMAN THAT'S DOING THIS PROJECT, UH, DEFINITELY WOULD BE GOOD FOR OUR COMMUNITY IN OUR AREA.
SO LET'S SEE WHAT ELSE WE SHARE.
MY NUMBER'S 2 1 0 8 2 7 9 1 4 2.
THIS CONCLUDES THE VOICEMAILS.
UH, SO WITH THAT, UH, NO ONE SIGNED UP TO SPEAK, CORRECT? CORRECT.
SO, UH, YOU HAVE ANY QUESTIONS FOR THE APPLICANT WHO WOULD LIKE TO GO FIRST? MANNA COMMISSIONER MANNA.
SIR, IF YOU COULD PLEASE COME BACK UP.
SO THE QUESTION THAT I HAVE IS, I, I GUESS IT'S THE ADDRESS 1, 2, 7 BE IS, IS THE PROPERTY BEHIND YOU, RIGHT? UH, THAT'S, THAT'S A BUTT'S YOUR PROPERTY.
SO, SO DID YOU HAVE A CHANCE TO TALK WITH THEM? YOU TALKED ABOUT NEIGHBORS BEING IN, UH, VERY MUCH IN FAVOR.
WERE THEY ONE OF THE ONES THAT YOU TALKED TO? THAT WAS THE VOICEMAIL AND THAT'S THE LETTER, UH, BECAUSE HE SAID 1 35, HE SAID 1 35 BILL VERSUS 1 27.
YEAH, 1 27, I THINK THAT'S THE NEXT ONE.
YES, THAT'S OVER ACROSS THE STREET.
AND THAT'S ONE THAT'S BEHIND THE, YOUR, YOUR OFFICE THERE? OH, YES.
OH, YOU'RE TALKING ABOUT MR UM, UH, MR. UH, MANDO FLORES? YEAH, HE'S, HE'S VERY MUCH IN FAVOR, AND IN FACT, I SUBMITTED, UH, HIS, UH, UH, HIS NAME AND PHONE NUMBER, UH, TO CITY STAFF IF THEY WANTED TO REACH OUT, UH, TO, TO HIM AS WELL.
AND THEN, UM, AS FAR AS THE, THE CONTRACTOR, COULD YOU, COULD YOU PUBLICLY STATE WHO THE CONTRACTOR WAS, UM, UM, THAT YOU, THAT YOU HAD YOUR CHALLENGES WITH? UH, UH, YES.
IF, IF YES, I, I, I, I, I GUESS I CAN.
IT IS, UM, UH, THE NAME OF THE GENTLEMAN IS IRVIN HERNANDEZ, PERU.
AND IT'S, UH, J R Z CONSORTIUM IS, UH, I BELIEVE THE NAME OF HIS COMPANY.
AND THEN FINAL QUESTION IS, UM, SO, SO GENERALLY WHENEVER I LOOK AT, YOU KNOW, WHEN THERE'S AN AWNING AND, AND IS, AND IS DIRECTED TOWARDS ANOTHER PROPERTY, UM, AND WE'RE TALKING ABOUT THE SPACE IN BETWEEN IT, UM, YOU KNOW, WE, WE TALK ABOUT GUTTERING A LOT OF TIMES, BUT, YOU KNOW, SO IS THERE ENOUGH SPACE BETWEEN YOUR PROPERTY AND, AND THE PROPERTY BEHIND YOU WHERE IF WATER RUNS OFF AT HEAVY RAIN, THAT IT STILL STAY ON YOUR PROPERTY? UH, I, I'M, I'M, I'M NOT SURE.
ARE, ARE YOU ASKING IS PROPERTY FROM THE AJA IS WATER FROM THE ADJACENT PROPERTY ROLLING INTO MY PROPERTY? NO.
SO PROPERTY AT 1 35, SO IF WATER COMES OFF YOUR AWNING.
UM, SO IS, IS, IS THE WATER, IS THE WATER POSSIBLE THAT IT WOULD GO OVER ONTO THEIR PROPERTY AT ALL? ABSOLUTELY NOT, SIR.
AND, UH, THAT WAS ONE OF THE PICTURES THAT I SHOWED, UH, DURING THE RAINWATER EVENT, UH, ALL OF THOSE PAVERS ARE SLOPING INTO THE GUTTER, AND THEN THERE'S, UH, AN ADDED METAL STRIP, UH, THAT EXTENDS TO THE, THE LENGTH OF THE FENCE, PLUS THE FACT THAT I AM DOWN SLOPE FROM, FROM THEM.
SO THERE'S REALLY NOT A POSSIBILITY FOR WATER TO BE, TO BE GOING INTO THEIR PROPERTY.
AND I HAVE ADVISED, UH, MY NEIGHBORS, UH, MS. UH, MS. STAFFORD AND, AND, UM, AND, AND HER HUSBAND, THAT IF EVER THERE'S ANY ISSUE, YOU KNOW, LET ME KNOW AND WE'LL TAKE WHATEVER ADDED MEASURES ARE, ARE NECESSARY.
BUT IT DOES NOT APPEAR TO BE THE CASE, NOT FROM THE TWO TO THREE HEAVY RAINWATER EVENTS THAT WE'VE HAD SINCE THAT, UH, SINCE THE PAVERS AND THE GUTTER WAS INSTALLED.
AND, AND I FIBBED, I HAVE ONE MORE QUESTION.
THAT FENCE, THAT'S THE, THE FENCE THAT'S, UH, I GUESS ON THAT SIDE, IS THAT YOUR FENCE OR THE, OR YOUR NEIGHBOR'S FENCE? UH, THE FENCE THAT DIVIDES, UH,
[01:10:01]
1 35 DEAL? YES, AND WELL, I, I GUESS IT'S, IT'S, IT'S A COMMON FENCE.UM, MY UNDERSTANDING WAS THAT THEY, UH, THEY BUILT IT, YOU KNOW, BEFORE MY ACQUIRING THE PROPERTY, BUT I'M MORE THAN HAPPY TO, UH, SHARE THE COST OF THE UPKEEP.
UM, SO WE, WE, ONE FIRST FOR STAFF.
UM, THIS, IF THE BUILDING IS 10 FEET OFF THE SIDE PROPERTY LINE, HOW MUCH IS AN, IS AN AWNING OR AN OVERHANG ALLOWED TO EXIST BEYOND THAT BEFORE IT'S UNACCEPTABLE.
IS IT TWO FEET OR SOMETHING WHEN YOU'RE TALKING ABOUT THE SIDE SETBACK OF THE BUILDING? SO THE CODE HAS A SPECIFIC, UH, LANGUAGE RELATED TO SIDE AND REAR.
UM, AND THE OVERHANG CANNOT BE MORE THAN FIVE FEET, UH, AND NO CLOSER THAN THREE FEET FROM THE PROPERTY LINE.
SO THAT'S WHY HE'S HERE TODAY BECAUSE HE'S GOT THAT ENCROACHMENT THAT IS CLOSER TO, AND IS IT LONGER THAN FIVE FEET? WELL, HE'S, HE'S ASKING HIM FOR A FOUR FOOT 10, SO HE'S FIVE FOOT TWO.
SO IS HE, SO IF THE AWNING WAS THREE INCHES NARROW, UH, YOU KNOW, IT WOULD STILL REQUIRE A SETBACK VARIANCE BECAUSE IT'S, IT'S, IT'S STILL CLOSER THAN THREE FEET TO THE PROPERTY LINE.
UM, OKAY, BECAUSE HE'S, IT'S THIS THE SAME, IT'S NOT, IT'S NOT CLOSER 10 FEET, HIS BUILDING'S 10 FEET AWAY FROM THE SIDE PROPERTY LINE.
SO THE, THE SIDE STEP BACK TO HIS PROPERTY CHAIR IS, UH, 10 FEET.
AND, AND HE HAS AN AWNING THAT EXTENDS FIVE FOOT TWO.
SO MY QUESTION WAS, IF THE AWNING WAS FOUR FOOT 11, HE WOULDN'T NEED TO BE HERE.
HE WOULD STILL NEED TO BE HERE.
HE WOULD STILL BE WITHIN THE 10 FEET.
HE WOULD STILL NEED TO BE HERE.
I THOUGHT YOU SAID IT, IT WAS ALLOWED TO EXTEND UP TO FIVE FEET, NO CLOSER THAN THREE TO THE SIDE.
AND, UH, BUT REMEMBER WE'RE TALKING ABOUT A, UM, A, AN A, I'M SORRY, AN ACCESSORY DETACHED STRUCTURE.
OKAY, THAT'S WHAT I WAS GETTING AT.
SO IF IT WAS A STANDARD AWNING, THEN IT WOULD BE TWO INCHES TOO BIG? YES.
THAT'S WHAT I'M, I'M TRYING TO PUT IT INTO CONTEXT, THAT'S ALL.
SO THE QUESTION I HAVE FOR YOU THEN IS YOU HAVE YOUR DRAINAGE.
IF THIS THING, IF YOUR DRAIN TRENCH DRAIN WERE TO GET FILLED, WHERE WOULD THE WATER GO? WOULD IT GO TOWARDS, UH, THE STREET OR WOULD IT GO TO THE REAR OF THE PROPERTY? NO, IT WOULD, IT WOULD GO TOWARDS THE STREET BECAUSE IN ADDITION TO THE TRENCH, ALL OF THE PAVERS ARE, ARE SLOPED TOWARDS THE STREET.
THAT'S WHAT, THAT'S WHAT I WAS TRYING TO FIND.
IT WAS HARD TO, TO TELL IN THE PICTURES.
UM, I HAVE NO OTHER QUESTIONS.
IS THERE ANY QUESTIONS? MINKA? COMMISSIONER MINKA, I HAVE A QUESTION FOR STAFF.
UH, FIRST OF ALL, UH, THIS FENCE, UH, THE METAL ONE IN THE FRONT WASN'T INDICATED AS NEEDED IN A PERMIT.
WHEN A FENCE IS DECORATED, YOU LABEL IT AS ART AND IT BECOMES ACCEPTABLE VERSUS A WALL THAT GETS DECORATED.
CLAR CLARIFY ME WHY A METAL FENCE LIKE THIS IS ACCEPTABLE.
IT, IT WAS BECAUSE OF THE MATERIAL THAT WAS USED.
WAS THIS CITED WITH A PERMIT? NO, SIR.
WHY NOT? WELL, YOU'RE, YOU'RE ASKING WHETHER, WHY, WHY DIDN'T THEY GET THE PERMIT? WHY WASN'T DECIDED AS NOT GETTING A PERMIT FOR A METAL FENCE? WELL, I THINK THAT, THAT THIS TIES BACK TO, TO THE ORIGINAL MASS THAT WAS CREATED BY, BY THE INITIAL CONTRACT.
YEAH, WE NEED TO GET AN ANSWER FROM STAFF ON THAT.
SO WHEN THEY APPLIED FOR THE VARIANCE, UH, RELATED TO, UH, THE BUILDING STAFF NOTICED THE FENCE, WE, WHEN WE DO THAT, WE, WE FACILITATE IT THROUGH THE PROCESS OF GETTING A, WHATEVER REQUIRED VARIANCES OR SPECIAL EXCEPTIONS THAT ARE NEEDED.
WE DO NOT CITE THEM IMMEDIATELY.
WHAT WE'RE TRYING TO DO IS, IS GET THEM TO COME INTO COMPLIANCE.
COMING INTO COMPLIANCE INCLUDES COMING TO THE BOARD OF ADJUSTMENT.
SO THAT'S HOW THE FENCE ISSUE POPPED UP DURING OUR SITE VISIT ON THE VARIANCE REQUESTS.
AND SO THOSE TWO THINGS ARE NOW ROLLED INTO THIS REQUEST IN ORDER TO COME INTO COMPLIANCE.
SO THE FENCE, THE METAL FENCE IS NOT ACCEPTABLE AND COME INTO US, AND YET IT WAS TREATED LIKE IT WAS A DECORATIVE ART PIECE AND NOT REALLY AMPLIFIED TO BE A METAL FENCE.
I THINK THE PREMISE OF THE QUESTION WAS, IS WHEN A PERMIT WAS APPLIED FOR, WERE THEY ASKING TO CONSTRUCT A FENCE OR
[01:15:01]
WAS IT SOMETHING THAT Y'ALL OBSERVED DURING YOUR SITE VISIT? INITIALLY WE OBSERVED IT DURING THE SITE VISIT CODE.UH, DID NOT CITE THE, UH, THE FENCE.
WHAT THEY PAID ATTENTION TO WAS THE BUILDING.
SO THEY MAY HAVE MISSED IT IN THEIR, IN THEIR REVIEW, BUT WHEN THE, IT WAS ABOUT THE CONSTRUCTION, NOT ABOUT THE FENCE THAT CODE WAS RESPONDING TO.
UH, ARE THERE ANY OTHER QUESTIONS? COMMISSIONER MANCHACA, WAS THERE ANYTHING IN ADDITION? NO, THANK YOU.
AND I APPRECIATE, UH, THE INVESTMENT THAT HE DID ON.
I CAN TOTALLY UNDERSTAND THE ELEVATIONS AND THE DRAINS AND EVERYTHING YOU PUT INTO THIS, BUT, UH, KEEPING IN MIND THE FENCE AND FUTURE, UH, OTHER ARTISTS.
AND, AND I WOULD LIKE TO ADD, I WANTED TO READ AN EXCERPT FROM THE U D C JUST SO EVERYONE KNOWS WHAT CONTEXT THIS IS COMING FROM.
YOU KNOW, THERE'S A, THERE'S A SPECIFIC, UM, RESTRICTION FROM USING SHEET ROLLER OR CORRUGATED METAL, BUT THERE'S ANOTHER RESTRICTION THAT SAYS THAT YOU CANNOT USE CAST OFF SECONDHAND OR OTHER ITEMS NOT ORIGINALLY INTENDED TO BE USED FOR CONSTRUCTING OR A MAINTAINING OFFENSE.
AND SO THIS ALL GOES BACK TO IF IT'S A PIECE OF ART, IF IT'S A FENCE OR WHAT IT'S PURPOSE IS, BUT IT, IT DOESN'T EXCEED THE HEIGHT.
UM, IT IS JUST SOMETHING THAT IS JUST OF A MATERIAL THAT DOESN'T NECESSARILY MEET THE U D C.
SO, UM, ANY MORE, JUST WANT TO GIVE IT, SEE IF THERE'S ANY MORE QUESTIONS.
MANNA, MR. MANNA? SO THE QUESTION FOR CITY, SO, UM, I KNOW THAT THE CITY IS CURRENTLY, UM, CONDUCTING SURVEYS FOR ARTWORKS IN SAN ANTONIO AND THEY HAVEN'T CLOSED IT YET.
AND SO, SO IF THIS PERSON WAS TO, IF THE PERSON, SORRY, IF THIS APPLICANT WAS TO, UH, PUT IN A REQUEST FOR AN ART INSTALLATION ON HIS PROPERTY, UM, SO WOULD THIS FENCE BE, UH, UH, AN OPTION OR, OR, OR SOMETHING THAT COULD BE CONSIDERED? IT'S STILL USED AS SCREENING ON THE PROPERTY, SO IT WOULD STILL BE CONSIDERED A FENCE.
SO IF THERE'S NOTHING ELSE, UM, COMMISSIONER THIEL, UH, I'LL MAKE A MOTION.
REGARDING CASE NUMBER BO A DASH 21 DASH 0 3 0 1 66, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTOR REQUEST FOR ONE F FOUR FOOT 10 INCH VARIANCE FROM A 10 FOOT SIDE SETBACK TO ALLOW AN AWNING TO BE FIVE FOOT TWO INCHES FROM THE SIDE PROPERTY LINE.
AND TWO, A VARIANCE FROM THE FENCING MATERIAL REQUIREMENT TO ALLOW A SOLID SCREEN CAST IRON METAL FENCE SITUATED AT 1 6 0 6 FULTON AVENUE APPLICANT BEING PACO ICCI, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THE PHYSICAL CHARACTERS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT 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 REQUESTS TO ALLOW AN AWNING TO BE FIVE FOOT TWO INCHES AWAY FROM THE SIDE PROPERTY LAND AND TO ALLOW SOLID SCREEN METAL FENCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
AS THE APPLICANT HAS ADEQUATE SPACE FROM THE ADJACENT STRUCTURE.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
THE BOARD FINDS IN ANY SPECIFIC CONDITIONS THAT IF ENFORCED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
BY IMPOSING A LITERAL ENFORCEMENT, THE AWNING WOULD HAVE TO EITHER BE REMOVED ENTIRELY OR REMODELED TO BE 10 FEET FROM THE SIDE PROPERTY LINE, AND THE SOLID SCREEN FENCE WOULD NEED TO BE REMOVED.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE INTENT OF THE AWNING IS TO PREVENT WATER DAMAGE TO THE INTERIOR OF THE BUILDING, AND THE SOLID SCREEN FENCE IS FOR SECURITY PURPOSES OF THE PROPERTY, WHICH IS OBSERVED.
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.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY, OR ALTHOUGH THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED, THE REQUEST TO HAVE AN AWNING FIVE FOOT TWO INCHES AWAY FROM THE SIDE PROPERTY LINE AND TO KEEP A SOLID SCREEN METAL FENCE DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE PROPERTY IS LOCATED WITHIN AN ESTABLISHED NEIGHBORHOOD AND IS CONSISTENT WITH THE AREA SIX.
THE P TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULTS 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 COMMERCIAL BUILDING SITTING BELOW GRADE LEVEL AND WATER RUNOFF FLOWING INTO THE BUILDING, THE AWNING WAS ERECTED TO HELP ALLEVIATE THIS BURDEN.
THE SOLID SCREEN FENCE IS DECORATIVE IN NATURE AND ASSIST IN THE SECURITY OF THE
[01:20:01]
BUILDING ITSELF INTO MOTION.WE HAVE A MOTION BY COMMISSIONER THIEL, SECOND BY COMMISSIONER BRAGMAN.
COMMISSIONER THIEL, LEAVE THE DISCUSSION.
YES, I THINK THIS IS AN EXCELLENT PROJECT.
IT'S GREAT TO SEE THE BUILDING ACTUALLY BROUGHT BACK TO PROBABLY WHAT IT LOOKED LIKE WHEN IT WAS BUILT AS OPPOSED TO THAT, UH, TERRIBLE AWNING IT PREVIOUSLY HAD.
UH, I, I'M VERY MUCH IN SUPPORT OF THE REVITALIZATION OF THE, THE ARTS DISTRICT THERE, AND I THINK YOU'RE CONTRIBUTING TO IT.
WELL, THE FACT THAT TWO OF YOUR NEIGHBORS THAT ARE MOST ADJACENT TO YOU ARE IN SUPPORT OF YOUR PROJECT AND HAVE NO ISSUE WITH IT, MEANS THAT I WILL BE AS WELL.
COMMISSIONER BAGMAN, I CONCUR WITH MY COLLEAGUE.
I THINK IT'S A GREAT LOOKING PROJECT, AND WHEN ONE PROJECT LIKE THAT TENDS TO SPUR OTHER PROJECTS, SO THANK YOU FOR STARTING THE BALL.
UH, ANYONE ELSE LIKE THAT, I'LL, I'LL BE IN SUPPORT OF THIS ALSO, BECAUSE I THINK IT'S A VERY GOOD USE FOR THAT AREA.
I KNOW THERE'S A LOT OF ARTISTS AND THERE AREN'T MANY ART STUDIO OR, UH, ART GALLERIES THERE, AND SO THAT'S A REALLY NECESSARY USE.
SO YOU DID A BEAUTIFUL JOB IN THE RENOVATION.
SO I'D SUPPORT AL IN SUPPORT OF THIS.
ANYONE ELSE? MANNA COMMISSIONER MANNA.
UM, YOU KNOW, I THINK, UH, AS WE'VE LOOKED AT CASES BEFORE THE BOARD FOR SOLID SCREEN FENCES, WE'VE SEEN CORRUGATED METAL COME IN.
AND PERSONALLY I THINK THIS LOOKS BETTER THAN THE CORRUGATED METALS.
SO I'LL BE VOTING PAPER THIS COMMISSIONER ZUNIGA.
YOU KNOW, I MEAN, I THOUGHT SINCE WE STARTED THE DCO DISTRICT THERE, THAT IT HAD GONE DOWN.
NOW, YOU KNOW, WITH HELP LIKE PEOPLE LIKE YOU, IT'LL, IT'LL COME BACK AND BE, IT'LL BE A VIABLE THING AGAIN, THANK YOU FOR BEING THERE.
ANYONE ELSE? MINCHA? I DON'T WANNA BE LEFT OUT.
IF THERE'S NO ONE ELSE, ALL RIGHT, STAFF, PLEASE TAKE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
UH, YOU CAN GET WITH STAFF AND THEY CAN TALK TO YOU ABOUT YOUR NEXT, UH, STEPS.
AGENDA ITEM NUMBER SIX B O A CASE.
ADDRESS IS 1 5 3 KER STREET CITY COUNCIL DISTRICT NUMBER FIVE.
APPLICANT IS A CARLOS SANCHEZ.
THEY'RE REQUESTING A THREE FOOT SIX INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE TO BE, UH, STAFF.
CAN YOU, I'M GONNA CALL FOR A, UM, A SHORT BREAK.
UH, COMMISSIONER ZUNIGA, UH, HAS REQUESTED A SHORT BREAK, SO WE'LL, OKAY, WE'RE GONNA RESUME IN ABOUT THREE OR FOUR MINUTES.
IF, UM, IF WE READY TO RECORD? ALL RIGHT, SO WE'LL MOVE ON TO THE NEXT CASE.
IT'S ITEM NUMBER SIX, OR YOU CAN CONTINUE, PLEASE, SIR.
UH, AGENDA ITEM NUMBER SIX, BO O CASE 21 DASH 1 0 3 0 0 1 74.
ADDRESS IS 1 5 3 OAKER STREET CITY COUNCIL DISTRICT NUMBER FIVE.
THEY'RE REQUESTING A THREE FOOT SIX INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE WITH ONE FOOT OVERHANG TO BE ONE FOOT SIX INCHES AWAY FROM THE SIDE PROPERTY LINE.
CURRENT ZONING IS RESIDENTIAL SINGLE FAMILY SUBJECT PROPERTY IS LOCATED ALONG KER STREET NEAR, UH, GRAND JEAN STREET, AND IS CURRENTLY A RESIDENTIAL SINGLE FAMILY HOME REQUESTING A REQUESTING ONE, A THREE FOOT SIX INCH VARIANCE TO A FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY DWELLING TO BE ONE FEET SIX INCHES FROM THE SIDE PROPERTY LINE.
UPON SITE VISIT STAFF OBSERVE A SOLID SCREEN FENCE IN THE FRONT FACADE OF THE HOME IN EXCESS OF THREE FEET IN HEIGHT.
SITE PLAN, SUBJECT PROPERTY, THAT'S THE ACCESSORY DWELLING, UH, ONE FOOT SIX INCH FROM THE SIDE PROPERTY LINE.
ONE FOOT ROOF OVERHANG SURROUNDING AREA, SURROUNDING AREA SIDE PROPERTY SETBACK VARIANCE.
STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE TO ALLOW AN ACCESSORY STRUCTURE TO BE AN ACCESSORY STRUCTURE OF ONE FOOT OVERHANG TO BE THREE FEET FROM THE SIDE
[01:25:01]
PROPERTY LINE IN BO O A 21 DASH 1 0 3 0 0 1 74 WITH, BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE ACCESSORY STRUCTURE CURRENTLY SITS ONE FOOT SIX INCH AWAY FROM THE SIDE PROPERTY LINE, AND TWO, A THREE FOOT SIDE SETBACK.A THREE FOOT SETBACK WILL BETTER OBSERVE THE SPIRIT OF THE ORDINANCE AND PROVIDE ADEQUATE SPACE FROM ADJACENT PROPERTIES.
THERE WERE 42 NOTICES MAILED OUT.
ZERO RETURN IN FAVOR, ZERO RETURN IN OPPOSITION.
AND THERE'S BEEN NO RESPONSE FROM THE LONE STAR NEIGHBORHOOD ASSOCIATION.
THIS CONCLUDES STAFF PRESENTATION.
UH, IS THE APPLICANT PRESENT? IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS.
UH, YOU CAN BEGIN YOUR PRESENTATION AFTERNOON.
UH, I RESIDED 5 2 2 LEAFY RIDGE.
THIS IS AN INVESTMENT PROPERTY THAT A PARTNER AND I BOUGHT.
UH, WE'RE LOOKING TO HEAR, UM, ANY FACTS OF THE CASE.
YEAH, THIS THING, WE BOUGHT IT, IT WAS, IT WAS JUST DECREPIT.
I MEAN, IT HAD HOLES IN THE ROOF.
AND, UH, WE BOUGHT IT BECAUSE OF THIS, UH, CASITA APARTMENT IN THE BACK.
YOU KNOW, WE THOUGHT IT HAD GREAT VALUE.
SO THAT STRUCTURE'S BEEN THERE.
IT'S, IT'S YEARS AND YEARS OLD.
UH, WHEN WE BOUGHT THE PROPERTY, A SURVEY WAS DONE, SO THAT IS ON THE SURVEY THAT IT WAS THERE.
WE PUT UP THIS PRIVACY FENCE, UH, NEXT TO THE CYCLONE, EXISTING CYCLONE FENCE.
SO WE DID TAKE AWAY PART OF OUR OWN PROPERTY LINE BECAUSE, UH, WE JUST DIDN'T WANNA DEAL WITH A NEIGHBOR OR MESS WITH 'EM, OR TAKE OUT THEIR CYCLONE FENCE.
AND THE GUY'S NOT A VERY NICE GUY, SO WE DIDN'T WANNA BOTHER HIM.
SO WE PUT UP OUR PRIVACY FENCE AS CLOSE AS WE COULD TO THE CYCLONE FENCE.
SO WE DID STILL, WE DID LOSE ABOUT SIX INCHES THERE.
UM, LIKE I SAID, UH, WE BOUGHT IT WITH, BECAUSE OF THIS, UH, BUILDING IN THE BACK, WE FIGURED IT'D BE GREAT TO, TO SELL WITH AN APARTMENT, YOU KNOW, DETACHED IN THE BACK OR
UM, IF THERE'S NOTHING ELSE, WE WILL SEE IF THERE'S ANY PUBLIC COMMENTARY, BUT WE'RE LOOKING FOR JUST ANY INFORMATION YOU WANNA PROVIDE TO US.
SO, HOLD ON, HOLD ON A SECOND.
I'M NOT SURE WHAT ELSE TO SAY.
THIS IS MY FIRST TIME AND OH, YOU KNOW, I COMPLETELY UNDERSTAND.
UH, WHAT WE DO NOW IS WE'RE GONNA SEE IF THERE'S ANYONE SIGNED UP TO SPEAK OR ANY VOICEMAILS TO HEAR INTO THE RECORD, AND THEN WE WILL OPEN IT FOR QUESTIONS.
AND SO, UM, STAFF, IS THERE ANYONE SIGNED UP TO SPEAK OR ANY, UH, VOICEMAILS? NOBODY ELSE SIGNED IN TO SPEAK.
ROLAND, THERE'S NO VOICEMAILS? CORRECT.
WE'RE GONNA GO AHEAD AND OPEN THIS UP FOR QUESTIONS.
DO YOU HAVE ANY GUTTERS ON THAT BUILDING? NO, SIR.
I BELIEVE THERE'S NO GUTTERS AT THIS TIME.
UH, KAPLAN, UH, COMMISSIONER KAPLAN, UH, YOU SAID THAT YOU RENOVATED THIS ACCESSORY STRUCTURE.
WAS THIS THE EXACT FOOTPRINT OR DID YOU INCREASE THE FOOTPRINT OF THIS BUILDING? WE, WE HAVEN'T DONE ANYTHING TO THE INSIDE.
WE'VE ONLY DONE THE OUTSIDE AND THAT IS THE EXACT FOOTPRINT.
IT HASN'T BEEN, IT HASN'T BEEN, UH, TAPERED WITH MENCHACA.
COMMISSIONER MENCHACA, UH, I HAVE A QUESTION FOR STAFF.
UH, YOU BUILT A, A FENCE NEXT TO A 16 FENCE, IS THAT CORRECT? YES, SIR.
IS THAT FENCE HAS A PERMIT WHEN YOU BOUGHT A HAVE A DUAL FENCE? IT IT DOES HAVE TO BE PERMITTED.
SO WAS, WAS THE FENCE, DID IT RECEIVE A PERMIT OR WAS THAT GROUPED WITH, UH, THE PROPOSED WORK? IT, IT DID NOT HAVE A PERMIT.
ACCORDING TO THE REPORT, IT SAYS A FENCE PERMIT AND A REWO RE-ROOF PERMIT WERE ISSUED IN JULY OF 2021.
THAT'S WHAT I, THAT'S WHAT I WANNA WE KNOW.
UM, ANY OTHER QUESTIONS? MANNA, COMMISSIONER MANNA? SO ON THE PROPERTY THAT'S BEHIND YOU, UM, THERE'S, IT LOOKS LIKE A, A, MAYBE ANOTHER CASITA ON THE BACKSIDE MM-HMM.
AND SO DO YOU KNOW WHAT THE DISTANCE IS BETWEEN THAT CASITA AND, UM, I GUESS THE BACK FENCE FROM THEIR SIDE AND THEN ALSO YOUR DISTANCE, UH, TO THAT, TO THAT BUILDING AS WELL? SO WHAT'S A DISTANCE BETWEEN THE TWO BUILDINGS AND THE FENCE? SO THE DISTANCE BETWEEN MY BUILDING AND MY FENCE IS, UH, FOUR FEET, I BELIEVE.
AND THEN MY PRIVACY FENCE, CYCLONE FENCE, AND THEN THEIR BUILDING.
I CAN'T GIVE YOU EXACT, YOU KNOW, UH, FOOTAGE, BUT I DON'T THINK I COULD FIT THROUGH THERE.
THEY, THEY'RE BUTTED UP AGAINST THEIR CYCLONE FENCE AND THAT, THAT BUILDING ALSO IS, IS OLD AS NO TELLING HOW OLD, YOU KNOW, IT'S BEEN THERE FOREVER.
AND THEN ONE OF THE THINGS, AND SO WE KINDA MENTIONED IN PRIOR DIALOGUES HERE, IS THAT WHEN WE EVER SEE A, A A, A ROOF LINE FLOWING ACROSS ON POTENTIALLY ONTO ANOTHER, UH, PERSON'S PROPERTY, WE TALK ABOUT, UH, GUTTERS.
[01:30:01]
SO THE QUESTION WAS ASKED WHETHER ARE THERE GUTTERS? AND SO, UM, AND, AND SO, UM, THAT MAY BE SOMETHING THAT, UM, WE MAY WANNA TALK ABOUT HERE.SO WHAT HAPPENS IS, UH, WE CAN ONLY REVIEW AND DELIBERATE AND, AND, YOU KNOW, DECIDE UPON THE INFORMATION PRESENTED TO US.
SO AS THE APPLICANT, YOU'RE PRESENTING A, AN ACCESSORY STRUCTURE THAT IS SO FAR AWAY FROM THE FENCE, AND THAT'S WHAT WE'RE VOTING ON.
UH, IT, AND IT'S IN, ITS AS-BUILT STATE.
SO YOU HAVE THE, AND ONLY YOU HAVE THE AUTHORITY TO AMEND YOUR APPLICATION TO INCLUDE GUTTERS, UH, ON THAT SIDE IN QUESTION.
I CAN DO THAT, THAT'S NO PROBLEM.
UH, BUT IT, IT, IT, IT'S NOT SOMETHING WE'RE SAYING YOU HAVE TO DO.
IT'S NOT SOMETHING WE CAN PUT A CONDITION ON.
IF YOU WANT TO ELECTIVELY AS YOU STAND HERE, UM, FORMALLY AMEND YOUR APPLICATION, UM, YOU KNOW, I CAN HAVE IT DONE THIS WEEK.
AND I HAVE MY CONTRACTOR HERE, SO WE CAN TAKE CARE OF THE PAPER.
WELL, WE JUST NEED YOU TO, IF THAT IS YOUR DESIRE, YOU JUST NEED YOU TO STATE IT.
I DO INTEND TO INSTALL GUTTERS ON THAT SIDE OF THE BUILDING ALONG THAT FENCE LINE IN QUESTION.
UH, BUT JUST, JUST TO BE CLEAR, IT HAS TO, WHAT I WOULD SUGGEST, I'M JUST GONNA MAKE A SUGGESTION THAT YES, SIR.
SO, SO I, I HEREBY FORMALLY AMEND MY APPLICATION SUCH THAT GUTTERS ARE GOING TO BE INCLUDED.
I HEREBY FORMALLY AMEND MY APPLICATION, WHAT WAS THE WORD APPLICATION, THAT GUTTERS WILL BE INSTALLED ALONG THAT BUILDING.
SO COMMISSIONER MANNA, ADDITIONAL THANK YOU.
UH, ANY OTHER QUESTIONS? OKAY.
UM, I'M LOOKING AT THE SURVEY YOU PROVIDED.
UH, IT LOOKS LIKE YOUR, IT REFLECTS THAT YOUR FENCE IN THE REAR OF THE STRUCTURE IS 2.7 FEET AWAY, BUT IT LOOKS LIKE YOU PROBABLY ARE FIVE FEET AWAY FROM THE ACTUAL PROPERTY LINE.
AND THEN IT LOOKS LIKE THIS ACCESSORY STRUCTURE HAS A SLIGHT ANGLE IN RELATION TO THE FENCE.
AND SO THE QUESTION FOR, I GUESS I'M GONNA START WITH STAFF.
IS IT, IS THE, WHAT HE'S ASKING FOR GOING DOWN FROM, UH, ONE FOOT SIX INCHES FROM THE BUILDING, IS THAT THE, THE WORST CASE SCENARIO? OH YES.
THAT WAS THE SMALLEST MEASUREMENT WE TOOK.
AND THEN, UH, WHAT IS, SIR, WHAT IS THE SIZE OF THE ACCESSORIES? YOU HAD MENTIONED THAT IT WAS EXISTING ALREADY, YOU JUST DID WORK ON THE OUTSIDE, LIKE IT ALREADY HAD OVERHANGS IN A SIMILAR FASHION THAT CAME OUT LIKE ALMOST A FOOT.
UH, AND IT, IT, YOU DIDN'T INCREASE THE SQUARE FOOTAGE OF IT AT ALL? NO, SIR.
WHAT, WHAT'S, HOW BIG DO YOU THINK IT IS? IT'S, UH, I'D SAY AROUND 380 SQUARE FEET.
IS IT A, IS IT A SQUARE? OH, I COULDN'T TELL YOU.
I'M, I'M TRYING TO FIGURE OUT HOW IT DOESN'T LOOK LIKE IT WAS BUILT THAT WAY.
HOW DEEP? I BELIEVE IT'S ABOUT MAYBE 18 FEET OR SO.
'CAUSE IT'S, UH, WHAT'S COMMON FOR THIS BOARD IF THERE'S PEOPLE ON THE FENCE PER SE? UH, SOMETIMES PUTTING IN A, PUTTING IN A, UM, AN ACTUAL NUMBER OF WHAT WE'RE APPROVING AND NOT JUST A FLAT SETBACK VARIANCE.
YOU KNOW, WE, WE WOULDN'T WANT YOU TO, UH, LIKE I'LL SPEAK FOR MYSELF.
UH, I WANT SOME ASSURANCE THAT YOU'RE NOT GOING TO INCREASE THE SIZE OF THE GARAGE IF WE WERE TO PROVE THIS.
AND SO IF, IF YOU'RE SAYING THE DEPTH OF THAT, OF THAT EXISTING ACCESSORY STRUCTURE IS NO MORE THAN, I DON'T KNOW, 25 FEET DEEP, THE DEPTH, IT IS NOT THAT DEEP.
AND IT WILL NOT BE TEMPORARY WITH IT.
I MEAN, IT IS SET, IT'S ON A SLAB, SO THAT'S THE WAY IT'S GONNA STAY.
WE HAVE NO INTENTION OF ADDING TO IT SQUARE FOOTAGE WHATSOEVER.
SO, I'M SORRY, WHAT WAS THE FOOTAGE THAT YOU'RE TALKING ABOUT? WELL, HE WAS, HE HAD MENTIONED THAT THE, THE DEPTH, UH, DIDN'T EXCEED 25 FEET.
AND IT, IT APPEARS TO BE A GOOD FIVE FEET FROM THE REAR.
SO, I MEAN, A, A STATEMENT THAT IT, THAT IT, OF THE ENCROACHMENT INTO THE SETBACK NOT TO EXCEED, UH, YOU KNOW, NO, NO MORE THAN 30 FEET FROM THE REAR WOULD BE, WOULD COVER IT.
SO I GUESS I'LL GO AHEAD AND TALK.
SO THE QUESTION I HAVE IS, IT LOOKS LIKE THERE'S A PATIO ON THE BACKSIDE AS WELL.
SO DOES THE PATIO HAVE, UM, UM, IS IT, IS IT COVERED AT ALL OR IS IT OPEN? WHERE ARE YOU LOOKING AT PATIO? THE BACK? UM, ACTUALLY I'M LOOKING AT, I THINK A DRAWING THAT WAS SUBMITTED IN OUR, IN OUR PACKET.
I THINK, UH, WELL, THERE'S A, THERE'S, THERE'S A, A SLIDING DOOR IN, WELL, IF YOU STOP RIGHT THERE, UH, THE MAIN HOUSE AT THE CORNER THAT WE'RE LOOKING AT, IF YOU GO RIGHT THERE AROUND THE CORNER, THERE'S A SLIDING DOOR AND, UH, THERE'S A PORCH, BUT THERE'S NO COVERING OVER IT.
SO ON THE BACKSIDE OF THE PROPERTY, UM, IS THERE, LET'S SEE.
OR MAYBE, MAYBE IT'S JUST THE WAY I'M LOOKING AT IT.
OKAY, WELL THAT'S, LET'S JUST OTHER QUESTIONS.
UH, WE'RE LOOKING FOR, UH, SIR, YOU CAN TAKE A SEAT.
WE'RE GONNA GO AHEAD AND I'LL ASK FOR A MOTION.
WE'RE LOOKING FOR A MOTION AND STAFF.
THE ALTERNATE STAFF WAS RECOMMENDING A TWO FOOT VARIANCE.
UM, THE APPLICANT DID AMEND HIS APPLICATION
[01:35:01]
TO INCLUDE GUTTERS, UH, AND, UH, FROM, FROM HIS TESTIMONY, THIS, THE STRUCTURE DOES NOT EXCEED 25 FEET IN DEPTH AND IT'S APPROXIMATELY FIVE FEET FROM THE REAR.SO REGARDING CASE NUMBER BO 8 2 1 1 0 3 0 0 1 7 4, I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A THREE FOOT SIX INCH VARIANCE, UH, ALONG THE 25 FOOT, UH, UH, SIDE OF THE, UM, UM, DWELLING, UH, FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW ACCESSORY STRUCTURE TO BE ONE F UM, ONE FOOT OVERHANG, UH, WITH A ONE FOOT OVERHANG TO BE ONE FOOT SIX INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 1 5 3 ELKER STREET.
APPLICANT BEING CARLOS SANCHEZ.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN A NECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE REQUEST IS TO ALLOW AN ACCESSORY STRUCTURE TO BE ONE FOOT SIX INCHES AWAY FROM THE SIDE.
PROPERTY LINE IS NOT CONTRARY TO THE PUBLIC INTEREST, AS THE APPLICANT HAS ADEQUATE SPACE FOR THE ADJACENT STRUCTURE.
TWO, DUE TO SPECIAL CONDITIONS, A LIBERAL 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 LIBERAL ENFORCEMENT, THE OWNER WOULD NOT BE ABLE TO RENOVATE THE BACK GARAGE AND LEAVE IT AS A GARAGE OR TRY TO MOVE THE ENTIRE BUILDING FIVE FEET AWAY FROM THE SIDE PROPERTY.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LITTER OF THE LAW.
THE INTENT OF THE SETBACK IS TO PREVENT, TO PREVENT SUFFICIENT SPACE BETWEEN THE STRUCTURE AND THE NEIGHBORING PROPERTY LINES.
THERE ARE SIMILAR STRUCTURES IN THE IMMEDIATE AREA, WHICH IS OBSERVED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
THE REQUEST TO HAVE A SIDE ONE FOOT SIX INCH AWAY FROM THE SIDE PROPERTY LINE 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.
THE PROPERTY IS LOCATED WITHIN AN OLDER, ESTABLISHED NEIGHBORHOOD AND IS CONSISTENT WITH OTHER SETBACKS IN THE AREA 'CAUSE THE APPLICANT HAS AMEND THEIR APPLICATION, UH, SUCH THAT THE, UH, GUTTERS WILL BE, UH, INSTALLED ON THAT SIDE, UH, ON THE SIDE PROPERTY, UH, OR ON THAT SIDE OF THE PROPERTY.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS THAT THE PLY TO THE PROPERTY OWNER IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING THEIR PROPERTY AS NOT MERELY FINANCIAL NATURE.
SECOND, I'M GONNA GIVE THAT TO COMMISSIONER CRUZ.
UH, COMMISSIONER MANNA, PLEASE LEAD THE DISCUSSION.
SO, UM, BECAUSE THE APPLICANT DID, UH, PROVIDE FOR THE AMENDED, UH, SUPPORT FOR THIS, UM, UH, THE GUTTERS.
UM, AND BECAUSE, UM, IT IS USING EXISTING FOOTPRINT OF THE PREVIOUS BUILDING, UM, AND THAT THERE ARE OTHER STRUCTURES LIKE THIS, UH, IN THE COMMUNITY, UH, I WILL BE, UH, IN SUPPORT OF THIS, UH, MOTION.
OKAY, COMMISSIONER CRUZ? UH, YES, SIR.
I THINK THIS WILL BE A GOOD PROJECT.
AND OF COURSE, IT, UH, YOU, UH, BEAUTIFIES MORE THE NEIGHBORHOOD, ESPECIALLY SINCE IT'S A OLD EXISTING NEIGHBORHOOD FOR MANY, MANY YEARS NOW.
IS THERE ANYONE ELSE THAT'D LIKE TO ADD SUNGA? COMMISSIONER ZUNIGA? YES.
UH, I'M AWARE OF THAT NEIGHBORHOOD AND, UH, ST.
AND THE NORTH, UH, THE LONG STAR ASSOCIATION.
UH, ONE OF THE THINGS IS THAT THE LOTS THERE, I'LL BE VOTING FOR IT BECAUSE THE LOTS ARE, AS MANY OF YOU'ALL KNOW, ARE REGULAR AROUND THAT AREA, YOU KNOW, AND THE THING IS THAT HERE BY WHAT THE APPLICANT IS, IS DOING, IS GIVING ME, UH, GIVING ME AND OTHERS A BETTER VIEW OF WHAT THE NEIGHBORHOOD USED TO BE AND WHAT CAN BE IT NOW.
SO, UH, WE HAVE A MOTION, UH, BUT COMMISSIONER MANNA IS SECOND BY COMMISSIONER CRUZ, UH, FOR AN ACCESSORY STRUCTURE.
I JUST WANTED TO CLARIFY, UH, NO, NO DEEPER THAN 25 FEET.
FIVE FEET FROM THE REAR PROPERTY LINE, UH, TO BE AS CLOSE AS, UH, 18 INCHES TO THE SIDE WITH A, WITH AN OVERHANG AS CLOSE AS ONE FOOT.
IS THAT CORRECT, MR. MAD AND AMENDED WITH THE GUTTERS AND, AND IT AS AMENDED BY THE APPLICANT WILL INCLUDE GUTTERS.
[01:40:01]
MR. VASQUEZ.I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT.
THEY CAN TALK TO YOU ABOUT YOUR NEXT STEPS.
UH, AGENDA ITEM NUMBER SEVEN, BO 8 21 DASH 1 0 3 1 59.
ADDRESS IS 1118 SOUTH MESQUITE STREET CITY COUNCIL DISTRICT NUMBER TWO.
REQUEST IS ONE FOR A FOUR FOOT 11 INCH VARIANCE TO THE FIVE FOOT MINIMUM REAR AND SIDE SETBACK REQUIREMENT TO ALLOW AN EX AN ACCESSORY DETACHED DWELLING UNIT TO BE ONE INCH FROM THE SIDE AND REAR PROPERTY LINE, AND TO A 2,164 SQUARE FOOT VARIANCE FROM THE 4,000 SQUARE FOOT MINIMUM REQUIREMENT TO ALLOW A 1,836 SQUARE FOOT LOT SIZE.
CURRENT ZONING IS RESIDENTIAL MIXED.
UH, SUBJECT PROPERTY IS LOCATED ALONG SOUTH MESQUITE STREET NEAR FLORIDA STREET, AND CURRENTLY A SINGLE FAMILY RESIDENCE.
THEY'RE REQUESTING A FOUR FOOT 11 INCH VARIANCE TO A SIDE FOOT TO FOUR FOOT 11 INCH VARIANCE TO A SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE AN ACCESSORY STRUCTURE TO BE ONE INCH FROM THE SIDE PROPERTY LINE AND A 2,150 SQUARE FOOT VARIANCE FROM THE MINIMUM LOT SIZE OF 4,000 TO ALLOW A STRUCTURE TO BE ON A 1,850 SQUARE FOOT.
STAFF OBSERVED, UH, THE REAR OF THE STRUCTURE ALSO APPEARS TO BE CLOSE OR OVER THE PROPERTY LINE.
UH, WE HAD SPOKEN WITH THE APPLICANT AND THE APPLICANT IS REQUESTING A CONTINUANCE UNTIL JANUARY THE 24TH.
UH, THERE, COMMISSIONER WOULD LIKE TO MAKE A MOTION FOR THAT BRAGMAN COMMISSIONER BRAGMAN, I RECOMMEND THAT WE MOVE BO O A DASH 21 DASH 0 3 0 0 1 5 7 TO JANUARY 24TH.
IS THERE A SECOND? UH, SPRUCE, UH, IT'S, UM, 1 5 9.
MR. CHAIRMAN, UH, COULD I ASK A QUESTION OF STAFF? YOU MAY GO AHEAD.
UM, YOU STATED THAT THIS IS ACROSS THE PROPERTY LINE.
IT APPEARS TO BE ACROSS THE PROPERTY LINE.
UH, THAT'S WHY THE APPLICANT REQUESTED A CONTINUANCE SO THAT THEY HAVE AMPLE TIME TO RECEIVE A SURVEY.
UH, THEY HAVE A SURVEY FOR, UH, THERE'S A SURVEY IN THE FILE, BUT IT'S A, IT LOOKS LIKE IT MAY BE A LITTLE OLDER.
YEAH, THE SURVEY, THE SURVEY ON FILE IS A OLDER SURVEY.
IT SHOWS, UH, AN ACCESSORY STRUCTURE, BUT IT'S NOT ACCURATE BECAUSE THEY DEMOLISHED THE OLD ACCESSORY STRUCTURE AND MADE A NEW STRUCTURE WITH A BIGGER FOOTPRINT.
SO WE HAVE A MOTION FOR CONTINUANCE OF JANUARY 24TH, UH, BY COMMISSIONER BRAGMAN.
A SECOND BY COMMISSIONER CRUZ.
UH, STAFF, PLEASE TAKE A ROLL CALL.
UH, CASES, UH, CONTINUE TO JANUARY 24TH.
UM, BO EIGHT DASH 21 DASH 1 0 3 0 1 69.
IT'S LOCATED AT 2 2 9 4 6 WEST ASHBY PLACE.
STATE COUNCIL DISTRICT SEVEN APPLICANT VISIT THE LEYVA AND REQUEST FOR A TWO FOOT NINE INCH VARI FROM A FIVE FOOT MINIMUM SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE TWO FEET THREE INCHES FROM THE SIDE PROPERTY LINE AND TWO A SEVEN INCH, NO SEVEN INCH VARIANCE FROM THE 15 FOOT MINIMUM REQUIREMENT.
CLEAR VISION REQUIREMENT TO ALLOW A GATE TO BE 14 FEET FIVE INCHES FROM THE CURB.
UM, THE CURRENT ZONING RIGHT NOW IS RESIDENTIAL SINGLE FAMILY.
THE SUBJECT PROPERTY IS LOCATED ON THE CORNER OF THE EMERY STREET AND WISH ASBY PLACE.
[01:45:01]
A CARPORT WITHOUT PERMITS THAT ENCROACHES INTO THE SIDE SETBACK.THEY'RE REQUESTING A TWO FOOT NINE INCH VARIANCE FROM THE FIVE FOOT MINIMUM STEP BY REQUIREMENT TO ALLOW A CARPORT TO BE TWO FEET THREE INCHES FROM THE SIDE PROPERTY LINE.
AND A SEVEN INCH VARIANCE FROM THE 15 FOOT MINIMUM CLEAR VISION REQUIREMENT TO ALLOW A GATE TO BE 14 FEET FIVE INCHES FROM THE CURB.
THERE'S THE SIDE PLANT AT, YOU GET THE SURROUNDING VIEWS OF THE SUBJECT PROPERTY.
THE SIDE SETBACK OF THE TWO FEET THREE INCHES.
THE 14 FEET FIVE INCHES AWAY FROM THE CURVE, AND THEN MORE SURROUNDING AREA.
MORE STAFF RECOMMENDS APPROVAL AND BO O A DASH 21 DASH 1 0 3 0 0 1 69 BASED ON THE FOLLOWING FINDINGS ON THE FACTS, THE CARPORT IS AN ACCESSORY STRUCTURE IN THE REAR YARD AND IS ACCESSED FROM EMERY STREET.
AND THERE'S NO ISSUE FOR WATER RUNOFF IN THERE.
THERE'S PLENTY OF SPACE BETWEEN THE CARPORT AND THE NEIGHBORING PROPERTY, AND THE STRUCTURE WILL NOT NEGATIVELY AFFECT NEIGHBORING PROPERTIES.
AND THE GATE IS ENCROACHING SEVEN FEET INTO THE, THE CLEAR VISION AND THEY DO NOT APPEAR TO BE ANY ADVERSE EFFECT FROM THE SEVEN INCH ENCROACHMENT.
APOLOGIES, THERE'S 23 NOTICES MAILED OUT.
ONE IN FAVOR, ZERO POLLS AND NO RESPONSE FROM THE WOODLAWN LAKE ASSOCIATION.
AND THAT'S AND STAFF PRESENTATION.
IS THE APPLICANT PRESENT? IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS.
UH, FOR THE RECORD, YOU BEGIN YOUR PRESENTATION.
MY NAME IS JESSICA TORRES AND I LIVE ON 29 46 WEST ASHBURY PLACE.
THIS IS MY HUSBAND, VICE TORRES, UH, 29 46 WEST BURY SAN ANTONIO TEGA 7 8 2 2 8.
UM, HE HAD WANTED, HE WANTED TO GIMME A SURPRISE.
MY YOUNGEST DAUGHTER'S A ZUMBA INSTRUCTOR, SO HE FORCED ME TO GO TO VACATION.
UM, HE, HE HAD HIRED SOMEBODY TO BUILD A CARPORT, BUT THEN, UM, I JUST SAW SIX POSTS AND I SAID, OKAY, WHAT'S GOING ON? HE SAID, I WANTED TO TELL YOU SOMETHING.
THERE'S THIS GUY THAT I HIRED, I WANTED TO GIVE HER A, GIVE YOU A SURPRISE, AND HE'S NOT RESPONDING.
SO I WANTED TO DIVORCE HIM RIGHT THERE AND THEN, AND LIKE, OKAY, GET OUT
SO I DECIDED NOT TO, AND I WAS ABLE TO CONTACT THE GUY WITH A DIFFERENT PHONE NUMBER AND I PRETENDING I WAS CALLING FOR, UM, A NEW JOB.
SO WHEN HE ANSWERED, UM, I TOLD HIM, OKAY, IT IS ME.
UM, YOU SPOKE TO MY HUSBAND, YOU DID THE, YOU DID THE DEAL WITH MY HUSBAND, BUT NOW I'M GONNA TALK TO YOU BECAUSE WHAT YOU DID IS WRONG.
YOU DIDN'T FINISH WHAT HAPPENED TO MAKE THE SHORT STORY.
THANK GOD I HAVE A LOT OF PEOPLE THAT I KNOW DANIEL DIDN'T WANNA HELP.
SO, UM, WITH ALL THE HELP WITH ALL MY STUDENTS, I WAS ABLE TO REACH THE NEWS.
ONCE WE REACHED THE NEWS, UM, WE NOTICED THAT WE WERE NOT THE ONLY ONES THAT GOT SCREWED WITH ALL THIS MONEY AND HE DIDN'T FINISH THE JOB.
THERE WERE ACTUALLY 14 PEOPLE THAT WERE SCREWED BY HIM TOO.
SO HE STARTED THREATENING ME THAT IF I WENT TO THE NEWS, YOU KNOW, HE WAS GONNA DO A LOT OF THINGS.
AND ONE OF THE THINGS WAS I JUST TOLD HIM, I DON'T CARE.
YOU KNOW, GO AHEAD, WHAT DO WHAT YOU GOTTA DO? SO I WAS ABLE TO REACH THE NEWS.
EVERYTHING CAME OUT ON THE NEWS AND A WEEK LATER WE RECEIVE A, A LETTER SAYING THAT HE DIDN'T HAVE THE PERMIT.
BUT MY HUSBAND TOLD ME THAT WHEN HE DID THE CONTRACT WITH HIM, HE SAID, DON'T WORRY ABOUT IT.
I'M GONNA TAKE CARE OF EVERYTHING.
I'M GONNA GO GET THE PERMIT THAT NEEDS TO BE DONE.
UH, YOU DON'T HAVE TO WORRY ABOUT ANYTHING OTHER THAN GIVING HIM THE MONEY.
WE DID NOT KNOW THAT HE DIDN'T DO IT UNTIL HE GOT MAD THAT I HAVE REPORTED HIM TO THE NEWS.
THAT'S WHEN WE NOTICED THAT THERE WAS NO PERMITS.
OTHERWISE WE WOULD'VE HAD GOTTEN THE PERMIT IF WE KNEW THAT THE PERMIT NEEDED TO, UH, GET DONE.
BUT HE HAD TOLD HIM, DON'T WORRY ABOUT IT, I'LL TAKE CARE OF
[01:50:01]
IT.THAT'S PART OF MY CONTRACT AND HE DIDN'T DO IT AND THIS IS WHERE WE ARE.
AND UM, SO WHEN, SO HE DIDN'T FINISH IT, SO HE HIRED ANOTHER GUY THAT HE WAS ABLE TO FINISH.
BUT LIKE I SAID, WHEN WE GOT THE LETTER, WE WERE NOT EXPECTING THAT HE DID NOT GOT THE, AND I KNOW IT WAS HIM BECAUSE THERE WERE SOME OTHER PEOPLE THAT WENT WITH ME LIVE ON THE NEWS AND THEY GOT THE SAME LETTER THE SAME DAY WE GOT FROM THE CITY.
HE WAS MAD BECAUSE WE ABLE TO CONFRONT HIM.
OTHER THAN THAT, I GOT NOTHING ELSE TO SAY.
UM, I TOLD HIM I WASN'T GONNA BE HERE
WE HAD NO IDEA WHAT TO BRING, UH, WHAT PAPERWORK TO HAVE.
I SAW THE OTHER PRESENTATION AND I'M LIKE, YOU JUST SEND ME THE WORK.
IT'S LIKE, UM, IT'S, IT'S JUST WHATEVER DECISION, DECISION HAS TO BE MADE.
I DID CAME AND TRY TO GET THE PERMIT.
THAT'S WHEN I NOTICED THAT SOME OF THE MEASUREMENTS I DIDN'T UNDERSTAND, TO BE HONEST.
I JUST TOLD LOOK AT THE GUY AND TURN AROUND AND LEFT.
OF COURSE HE GOT OUTTA THE ADA AFTER, YOU KNOW, BUT I JUST SAID, YOU DEAL WITH THIS, IT'S JUST TOO MUCH.
THE LADY THAT WAS ON THE NEWS WITH MYSELF, SHE ALMOST HAD A, SHE WAS AN OLDER LADY AND SHE, IF I WAS GOING THROUGH ALL OF THIS, I CAN IMAGINE HER, SHE ALMOST HAD A HEART ATTACK WHEN WE WERE DOING THE VIDEO FOR THE LIVE NEWS.
AND IT'S LIKE, IT'S BEEN REALLY, REALLY STRESSFUL.
BUT, UM, OTHER THAN THAT, LIKE I SAID, IF WE KNEW, IF WE KNEW THAT WE NEEDED TO GET THE PERMIT AND NOT LET HIM DO IT OR I, WE CAME RIGHT AWAY AS SOON WE GOT THE PAPER, I CAME RIGHT AWAY.
AND LIKE I SAID, AND IT TOOK ME LIKE TWO DAYS TO SEE THAT LETTER THAT THEY LEFT ME AT THE DOOR BECAUSE UM, I'M ALWAYS WORKING AND THAT'S WHY HE HAD PUSHED ME FOR VACATION.
BUT, UM, IT'S JUST LIKE, I JUST WENT FOR VACATION FOR NOTHING.
'CAUSE I CAME BACK AND IT WAS EVEN WORSE.
SO, YOU KNOW, BUT OTHER THAN THAT AND GOT NOTHING ELSE TO SAY, SO WHATEVER.
WELL, UH, IF YOU COULD JUST HANG TIGHT FOR A SECOND, WE'RE GONNA SEE IF THERE'S ANY, UM, ANYBODY SIGNED UP OR PUBLIC COMMENT? ANYONE SIGNED UP OR ANY VOICEMAILS? NO.
IF YOU CAN COME BACK UP TO THE PODIUM, UH,
BUT IS THERE ANY QUESTIONS FOR THE APPLICANT? MANNA, COMMISSIONER
WHO IS THIS CONTRACTOR? HIS NAME IS, HE'S KNOWN FOR THREE DIFFERENT COMPANIES.
HE CHANGES HIS NAMES ON THE V V V.
UH, BUT HIS NAME IS NOW MELENDEZ AND BULIMIA.
I PUT HIM ON FACEBOOK WITH ALL THE HELP FROM MY STUDENTS AND PEOPLE THAT I KNOW.
IT GOT UP TO 126 SHARES AND THAT'S WHY ALL THESE PEOPLE CONTACT ME, WHICH IT WAS A TOTAL OF 15.
THAT GOT SCREWED BY HIM AS WELL.
BUT WE CAN'T DO NOTHING OTHER THAN THE, AND WE, HE DID THE BAD THING AND WENT UP BA PAYING THE PRICE FOR IT.
SO, UM, BY CHANCE DID YOU HAVE AN OPPORTUNITY TO TALK TO YOUR NEIGHBORS THERE ON WEST ASHBY? UH, 3 0 0 4 OR, AND OR THE, UH, NEIGHBOR BEHIND YOU ON CINCINNATI, UH, THAT'S RIGHT BEHIND YOUR PROPERTY.
DID YOU GET A CHANCE TO TALK TO THEM? WE ONLY HAVE THREE NEIGHBORS ON THE SIDE OF EMORY WITH THIS PICK TO THEM, EVEN TO THE ONE NEXT TO US.
WE WE'RE ONLY ABLE TO GET TWO SIGNATURES OURSELVES.
WE'VE BEEN LIVING THERE FOR 10 YEARS AND WE REALLY DON'T KNOW OUR NEIGHBOR NEIGHBORS.
IT'S JUST THEM THAT WOULD TAKE CARE OF SOME OLDER PEOPLE.
AND WE DID GET FROM THREE, 3004 WEST ASHBY.
HE SAID, AS LONG AS THERE'S NO ZUMBA GOING ON UNDER THE ROOF, I SAY, DON'T WORRY ABOUT IT.
IT'S JUST, YOU KNOW, UM, WHEN IT RAINS IS MAINLY WHY HE WANTED TO DO IT.
'CAUSE I HAVE A BROKEN WRIST AND I HAVE TO CARRY OUT THE BAGS.
SO I HAVE TO GO, SINCE I CAN'T CARRY BAGS WITH THIS ARM, I HAVE TO GO SEVERAL TIMES.
AND WHEN IT'S RAINING, HE WANTED TO HELP ME THAT WAY.
AND WE WERE ABLE TO GET ANOTHER SIGNATURE FROM 29 42 WEST ASHBY, WHICH IS THE ONE RIGHT NEXT DOOR.
AND THEY SAID THAT IN MINE, THEY, IT WAS NOT IN THEIR WAY, IT WAS NOT AFFECTING THEM.
AND THEN IT WAS NOT A PROBLEM TO THEM.
WERE THE SIGNATURES GIVEN TO THE CITY SO THAT THEY HAVE IT IN THEIR RECORDS? OR DO YOU HAVE A, A PICTURE OF, OR A COPY OF, OF THEIR APPROVALS? UH, NO, I DON'T THINK HE GAVE A COPY TO BEFORE, BUT
[01:55:01]
I DO HAVE IT HERE.I WROTE ALL OVER 'CAUSE I SAW THE PRESENTATION AND I WAS TRYING TO LIKE, OKAY, SO I'M JUST GONNA GO UP THERE AND SAY WHAT? SO I WAS TELLING HIM, SO I WROTE, I WROTE ALL OVER THE MAIN IMPORTED INFORMATION, BUT THE SIGNATURES ARE HERE ON THE SAME PAGE.
H IS, IS IT POSSIBLE TO LET US PROJECT THAT REAL QUICK SO WE CAN JUST KIND OF SEE, AND I CAN ALSO SHOW YOU, I HAVE A VIDEO IN THE POST THAT I PUT HIM ON FACEBOOK.
UM, WHEN THE CARPORT WAS ADDED, DID THEY ADD ALSO THE, THE, THE, THE CONCRETE? 'CAUSE IT LOOKS NEW TO ME HERE.
UNDER, UNDER THE PICTURE THAT I SEE.
IS THAT NEW CONCRETE THAT THEY ADDED UNDER THE CARPORT ALSO WHEN HE BUILT IT? NO, IT WAS ALREADY THERE.
IT WAS THE EXISTING CONCRETE? YES.
UM, I JUST WANTED TO UM, ASK THE, THE ALLEY THAT'S NEXT TO YOU, IT'S NOT DRIVABLE.
I'M LOOKING AT A STREET VIEW MAP.
IT LOOKS LIKE IT'S ALL GRASS, CORRECT? YES.
SO THERE'S NO CONFLICT WITH CARS COMING TO AND OUT OF THAT? NO.
WELL THAT'S ALL I HAVE UNLESS THERE'S ANYTHING ELSE.
UM, WE'RE GONNA LOOK FOR A MOTION.
REGARDING CASE NUMBER BO O A DASH 21 DASH 0 3 0 1 69, I MOVE THROUGH THE BOARD OF ADJUSTMENT GRANT.
A REQUEST FOR ONE, A TWO FOOT NINE INCH VARIANCE FROM THE FIVE FOOT MINIMUM SET SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE TWO FEET, THREE INCHES FROM THE SIDE PROPERTY LINE.
AND TWO, A SEVEN INCH VARIANCE FROM THE 15 FOOT MINIMUM CLEAR VISION REQUIREMENT TO ALLOW A GATE TO BE 14 FEET FIVE INCHES FROM THE CURB SITUATED AT 2 9 4 6 WEST ASH BE PLACED.
APPLICANT BEING BE SENT DATE TORRES, UH, LIVIA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE REQUEST FOR SIDE SETBACK VARIANCE AND CLEAR VISION VARIANCE ARE NOT CONTRARY TO THE PUBLIC INTEREST.
THE PROPERTY IS ON A CORNER LOT, SO THERE DO NOT APPEAR TO BE ADVERSE EFFECTS CAUSED BY THE VARIANCES.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED WOULD RESULT IN UNNECESSARY HARDSHIP, BOTH THE FENCE IN THE GATE WOULD NEED TO BE RELOCATED AND MOVED FARTHER FROM THE SIDE PROPERTY LINE, WHICH IS AN UNNECESSARY HARDSHIP.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE VARIANCE REQUEST 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 THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
UH, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUEST TO REDUCE THE SITE SETBACK BY TWO FEET NINE INCHES AND CLEAR VISION FIELD BY SEVEN INCHES IN THIS CASE DOES NOT POSE A RIS, A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT NEARLY 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.
THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE THE LOCATION ON THE CO IS NOT NEARLY FINANCIAL IN NATURE.
WE HAVE A MOTION BY COMMISSIONER BRAGMAN, A SECOND BY COMMISSIONER THIEL.
UH, COMMISSIONER BRAGMAN, YOU CAN LEAD THE DISCUSSION.
I I THINK THIS IS A NICE PROJECT.
I'M SORRY THAT, UH, FOR WHAT HAPPENED TO YOU WITH THE CONTRACTOR.
IT'S UNFORTUNATE THAT SEEMS TO BE HAPPENING MORE AND MORE.
UM, BUT, UH, YOU KNOW, I THINK IT'S A GOOD PROJECT AND IT'S, UH, NOT MUCH OF A VARIANCE AND CERTAINLY DON'T WANNA CAUSE A DIVORCE.
SO I'LL BE IN SUPPORT OF THE MOTION.
[02:00:01]
I'M IN AGREEMENT WITH MY COLLEAGUE.I THINK SINCE THERE'S NO RUNOFF ISSUES AND UH, THE CLEAR VISION DOESN'T REALLY COME INTO PLAY, I'LL BE IN SUPPORT.
IS THERE ANYONE ELSE LIKE TO ADD? ALL RIGHT, STAFF, IF YOU HEARING NONE, STAFF, PLEASE TAKE A ROLL CALL VOTE MS. KAPLAN.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
AND YOU CAN GET WITH STAFF AND THEY CAN TALK TO YOU ABOUT ANY NEXT STEPS.
ITEM NUMBER 10 IS FOR BO O A 2 1 1 0 3 0 0 1 6 7, AND IT IS LOCATED AT 10 18 BARCLAY WITHIN CITY COUNCIL DISTRICT FIVE, THE APPLICANT BEING SYLVIA G GONZALEZ.
THIS IS FOR A REQUEST FOR A 10 INCH SPECIAL EXEMPTION FROM THE MAXIMUM FIVE FEET FENCE HEIGHT AS DESCRIBED ON SECTION 35 DASH 5 1 4.
TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE FIVE FEET, 10 TALL ALONG THE FRONT PROPERTY LINES AND TWO, A THREE FOOT VARIANCE FROM THE 15 FOOT MINIMUM CLEAR VISION STANDARD AS DESCRIBED IN SECTION 35 DASH THREE 14 A TWO TO ALLOW A FRONT GATE TO BE 12 FEET FROM THE CURB.
THE CURRENT ZONING IS MF 33 MULTIFAMILY DISTRICT.
THE SUBJECT PROPERTY IS LOCATED ALONG BARCLAY STREET, NEAR SALTILLO STREET.
THE APPLICANT BEGAN TO CONSTRUCT A WROUGHT IRON FENCE WITHOUT OBTAINING A FENCE PERMIT.
UPON THE SITE VISIT CONDUCTED BY STAFF, THE FRONT FENCE MEASURED TO BE FIVE FEET 10 INCHES IN HEIGHT.
THE MAXIMUM HEIGHT PERMITTED IN A, FOR A PREDOMINANTLY OPEN FRONT FENCE IS FIVE FEET.
ADDITIONALLY, THE FRONT GATE IS ENCROACHING WITHIN THE CLEAR VISION AREA AND IT IS 12 FEET FROM THE CURB.
STAFF OBSERVED A PUBLIC PARK ABUTTING THE RESIDENTIAL PROPERTY, WHICH CAN CAUSE CONS, CAN CAUSE SECURITY CONCERNS FOR THE PROPERTY OWNER.
THIS IS A COPY OF THE SITE PLAN PROVIDED BY THE APPLICANT DEPICTING THE MATERIAL HEIGHT AND LOCATION OF THE NEW FENCE.
UH, THE SUBJECT SITE AND THE CONSTRUCTION OF THE NEW FENCE CAN BE OBSERVED.
THIS IS THE NEW FENCE IN THE FRONT PROPERTY LINES.
A NEW ROD IRON FENCE MEASURED TO BE FIVE FEET, 10 INCHES IN HEIGHT, AND THIS IS THE FRONT SIDE OF THE FENCE.
THE MEASUREMENT FROM THE GATE TO THE CURB MEASURED TO BE 12 FEET, AND HERE IS A SURROUNDING AREA WHICH YOU CAN OBSERVE SOME, UM, PREDOMINANTLY OPEN FENCES TO THE FRONT AND SURROUNDING AREA.
AND YOU CAN SEE HERE THAT THERE ARE OTHER FRONT FENCES IN THE FRONT.
UH, STAFF RECOMMENDS APPROVAL IN BO O A 21 1 0 3 0 0 1 6 7 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE SIX FOOT.
THE FENCE WILL ADD ADDITIONAL SECURITY AND PRIVACY TO THE SUBJECT SITE AND IMMEDIATE AREA.
AND TWO, PREDOMINANTLY OPEN FRONT YARD FENCES WERE OBSERVED WITHIN THE SURROUNDING AREA, SO IT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
STAFF ALSO RECOMMENDS THE CLEAR VISION VARIANCE FOR B O A 21 1 0 3 0 0 1 67 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE PREDOMINANTLY OPEN FENCE AND GATE IS 12 FEET FROM THE CURB, AND TWO, THE GATE IS ON A ROLLING TRACK AND WILL NOT FURTHER IMPEDE INTO THE CLEAR VISION FIELD.
THERE WERE 23 NOTICES MAILED, ZERO IN FAVOR, ZERO IN OPPOSITION, AND WE RECEIVED NO RESPONSE FROM EL CHADRO NEIGHBORHOOD ASSOCIATION.
THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
IF THE APPLICANT COULD PLEASE COME, UH, FORWARD AND, AND STATE YOUR NAME AND ADDRESS AND YOU CAN BEGIN YOUR APP, UH, PRESENTATION.
MY NAME IS, UH, MY NAME IS SYLVIA GON EZ.
CAN YOU PLEASE? YEAH, THERE YOU GO.
I LIVE IN 10 18 BARKLEY, AND I'M REQUESTING A, A SIX FOOT FENCE, IRON FENCE FOR ACTUALLY FOR PROTECTION FOR SAFETY.
MY SISTER IS DISABLED, MY SISTER LIVES WITH ME, SHE'S DISABLED, AND, UH,
[02:05:01]
THEY HAVE BROKEN INTO MY, MY YARD TO TAKE THINGS.AND, UH, THIS IS THE FIRST TIME THAT I REQUEST AN IRON ROD FENCE.
UH, IT'S MORE DIFFICULT TO CLIMB IT THAN THE SHANE LINK FENCE.
AND, UM, BASICALLY THAT'S, THAT'S WHAT I'M REQUESTING A HIRE.
UM, WE'RE GONNA, WE OPEN THIS UP TO SOME QUESTIONS FOR YOU.
I'M JUST GONNA MAKE A QUICK QUESTION TO STAFF.
IS THERE ANYONE, UH, ANY VOICEMAILS? THERE'S NO ONE IN HERE TO SPEAK, BUT NO, THERE'S NOTHING.
SO, UH, OH, SIR, DID YOU SIGN UP TO SPEAK? IF YOU COULD PLEASE COME UP TO THE PODIUM, PLEASE.
IF YOU COULD STATE YOUR NAME AND ADDRESS.
UH, MY NAME IS STEVE CASTANEDA AND I LIVE AT 9 9 2 2 RANCHO ROYAL ROAD HERE IN SAN ANTONIO, TEXAS.
UH, I CAME WITH HER BECAUSE, SORRY, YOU NEED TO SPEAK INTO THE MIC AGAIN.
I CAME WITH HER BECAUSE I HAVE NO, I HAVE, SHE WAS MY NEIGHBOR SINCE, UH, WELL, I FIRST KNEW HER WHEN SHE WAS TWO YEARS OLD.
I WAS 10 AND I USED TO TAKE MY, MY SISTER OVER TO HER SO THEY CAN PLAY DOLLS OR WHATEVER.
AND I'VE KNOWN HER EVER SINCE THEN FOR OVER 60 YEARS.
AND, UH, ON SEVERAL OCCASIONS SHE CONFIDED TO ME THAT, THAT, UH, THINGS WERE STOLEN FROM HER CARPORT.
AND, UH, THE LAST THAT I KNOW OF, SHE HAD HER, HER KITCHEN REMODELED AND THERE WERE, UH, APPARENTLY THE, THE GUY THAT DID THE REMODELING BOUGHT TOO MANY CABINETS.
SHE PUT THE CABINETS OUT ON THE CARPORT.
LO AND BEHOLD, SOMEONE MADE, MADE OFF WITH HIM.
AND THAT'S NOT THE FIRST TIME, UH, WHEN WE USED TO LIVE.
WHEN WE USED TO LIVE THERE, THERE WAS ALWAYS SOMETHING MISSING FROM HER CARPET AND OTHER PEOPLE'S CARPORTS.
AND, UM, THAT'S, THAT'S THE REASON THAT I'M HERE BECAUSE SHE IS CONCERNED FOR NOT ONLY FOR THE, THE WELFARE OF HER SISTER WHO IS DISABLED.
AND LIKE I SAID, I'VE KNOWN HER FOR OVER 60 YEARS.
AND, UH, AND, AND FOR SECURITY REASONS, SECURITY REASONS IS THE BIGGEST ISSUE.
IT, IT, IT'S KIND OF DIFFICULT FOR A THIEF TO CLIMB A, A SIX FOOT FENCE AND NOT GET CAUGHT UP ON THE, ON THE LITTLE HOOKS THAT ARE NOT HOOKS, BUT THE LITTLE SPEAR SHAPED THINGS THAT ARE UP THERE.
UH, SHE'S IN DARN NEED OF SOMETHING, SOME KIND OF PROTECTION.
THE FOUR FOOT FENCE THAT SHE HAD WAS NOT DOING IT.
IF YOU COULD PLEASE MAKE SURE THEY HAVE YOUR NAME FOR THE RECORD.
WE NEED TO LIST YOU AS SOMEONE WHO SPOKE IN FAVOR.
UH, AND, AND MA'AM, WE'RE GONNA GO AHEAD AND OPEN THIS UP TO ANY QUESTIONS.
ARE THERE ANY QUESTIONS FOR THIS APPLICANT? CRUZ.
COMMISSIONER CRUZ? UH, MA'AM, WHAT'S THE PARK BEHIND YOU? UM, IT'S A, I'M EMBARRASSED, BUT I DON'T REMEMBER THE NAME OF THE, OF THE PARK.
THERE'S ONE RIGHT BEHIND MY FENCE AND THE FENCE THAT IS, UH, BACK OF MY HOUSE IS A CITY FENCE THAT NEEDS TO BE REPLACED BECAUSE IT'S LEANING BACK.
BUT I, I CANNOT REMEMBER THE NAME OF THE PARK.
COMMISSIONER CRUZ? I THINK IT'S CALLED VIOR PARK.
V I V VERDI MAYBE? OR V I D A U R N VI? NO, IT'S R R.
IT'S A LITTLE BLURRY ON MY MAP.
ARE THERE ANY OTHER QUESTIONS? NO.
UM, HEARING NONE, UH, THANK YOU MA'AM.
WE'RE GONNA GO AHEAD AND DELIBERATE.
UH, IS THERE A COMMISSIONER WHO'D LIKE TO MAKE A MOTION? CRUZ.
OKAY, REGARDING CASE NUMBER BO 8 21 103 0 0 1 6 7.
I MOVE AT THE BOARD OF ADJUSTMENT GRANTS, A REQUEST FOR A THREE FOOT VARIANCE FROM A 15 FOOT MINIMUM CLEAR VISION STANDARD SITUATED AT 10 18 BARCLAY, APPLICANT BEING SYLVIA G GONZALEZ.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER, THIS PROPERTY, SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C HAS AMENDED, WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE REQUEST TO ALLOW FRONT GATE TO BE LOCATED 12 FEET FROM THE CURB IS NOT
[02:10:01]
CONTRARY TO THE PUBLIC INTEREST.TWO, DUE TO SPECIAL CONDITIONS, UH, LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN UNNECESSARY HARDSHIP.
BY IMPOSING A LITTLE ENFORCEMENT, THE GATE WILL BE REQUIRED TO BE REMOVED THREE FEET, WHICH WOULD REDUCE THE SIZE OF THE FRONT YARD.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
STAFF DOES NOT FIND ANY ADVERSE EFFECTS WITH THE NEW PREDOMINANTLY OPEN FRONT FENCE CONSTRUCTED ALONG THE FRONT PROPERTY LINE.
SO THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
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.
THE VARIANCE WOULD NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUEST TO REDUCE A PORTION OF THE CLEAR VISION AREA DOES NOT POSE A RISK OF SUBSTANTIALLY, UH, INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THIS PROPERTY IS LOCATED WITHIN AN OLDER NEIGHBORHOOD AND THERE ARE OTHER NON-CONFORMING FENCES LOCATED ALONG THE FRONT PROPERTY.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR 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, AND IT'S NOT MERELY FINANCIAL IN NATURE.
DO WE HAVE A SECOND THIEL? COMMISSIONER THIEL IS A SECOND.
COMMISSIONER CRUZ, PLEASE LEAD THE DISCUSSION.
UM, IN THIS AREA I SEE WHERE THE, UH, APPLICANT FROM.
IT IS A VERY OLDER NEIGHBORHOOD, AND WITH THE, UH, PUBLIC PARK BEING BEHIND HER, I CAN UNDERSTAND HER PROBLEMS. SO I WILL, UH, BE, UH, IN FAVOR OF THIS MOTION.
I THINK, UH, SECURITIES OF THE UTMOST IMPORTANCE, AND I THINK WITH IT BEING PREDOMINANTLY OPEN FENCE, THERE WON'T BE ANY, UH, VISION ISSUES.
ANYONE ELSE LIKE TO ADD HEARING NONE.
STAFF, PLEASE TAKE A ROLL CALL.
MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
UH, UH, THE MOTION FOR A CLEAR VISION VARIANCE, UH, IS PASSED UNANIMOUSLY.
I'M LOOKING FOR A MOTION FOR THE SPECIAL EXCEPTION FOR THE FENCE HEIGHT.
COMMISSIONER CRUZ, REGARDING CASE NUMBER BO O A 21 103 0 0 1 6 7, I MOVED THAT THE BOARD OF ADJUSTMENT GRANTED 10 INCH SPECIAL EXCEPTION FOR THE MINIMUM FIVE FOOT BENDS HEIGHT, SITUATED AT, UH, 10 18 BARCLAY, APPLICANT BEING SYLVIA J GONZALEZ.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT THE, A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION.
THE ADDITIONAL FENCE, 10 INCHES IN HEIGHT IS INTENDED TO PROVIDE ADDITIONAL PRIVACY FOR THE PROPERTY, BE THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE.
THESE CRITERIA PRESENTED BY FHE TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILST THEY'RE PROMOTING A SENSE OF COMMUNITY, A FIVE FOOT, 10 INCH PROMINENTLY OPEN FENCE ALONG THE FRONT PROPERTY LINES DOES NOT POSE ANY ADVERSE EFFECTS TO THE PUBLIC WELFARE.
C THE NEIGHBORING PROPERTY WILL NOT SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE BOARD FINDS THAT THE FENCE WILL CREATE ADDITIONAL SECURITY FOR THE SUBJECT PROPERTY AND IS UNLIKELY TO INJURE ADJACENT PROPERTIES.
[02:15:02]
THE, THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.THE ADDITIONAL 10 INCHES IN HEIGHT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
NUMEROUS, PREDOMINANTLY OPEN FENCES WERE OBSERVING THE IMMEDIATE AND SURROUNDING AREAS.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEARING ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME.
THE REQUEST A SPECIAL EXCEPTION, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT.
COMMISSIONER CRUZ? UH, YES, SIR.
I DON'T SEE A PROBLEM WITH THIS.
LIKE THEY SAY, THERE IS, UH, QUITE A FEW OTHER FENCES IN THE AREA, UH, AND THE HEIGHT, WHICH SHOULD BE NO PROBLEMS. IT IS A PRETTY OPEN AREA.
ANYONE ELSE? MANNA COMMISSIONER MANNA.
SO JUAN VIRE, IS THAT HOW YOU PRONOUNCE IT? UH, UM, LIVED ACROSS THE STREET.
UH, HE WAS A BIG COMMUNITY LEADER AND I'M SURE HE WAS AMBASSADOR.
HE WAS ALSO APPOINTED AMBASSADOR.
AND I'M SURE HE'D BE APPROVING THIS AS WELL.
SO I WILL BE APPROVING WITH HIM.
UH, WITH THAT, IF NO ONE ELSE, UH, PLEASE TAKE A ROLL CALL VOTE MS. KAPLAN.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
UH, MOTION PASSES UNANIMOUSLY.
UH, THAT FENCE WILL LOOK GREAT WITH THE NEW STREET AND SIDEWALKS THE CITY RECENTLY PUT IN.
ALL RIGHT, SO THE LAST TIME WE HAVE IS THE MINUTES.
DOES ANYONE, UH, HAVE ANY, UH, ADJUSTMENTS? I TURNED IN A FEW MYSELF, BUT ANYONE? OKAY.
[ Approval of Minutes ]
I MOVE THAT THE, UM, MINUTES BE APPROVED AS AMENDED.ANY OPPOSED? ADMIT MR. CHAIRMAN? YES.
OKAY, SO WE HAVE, UH, ANYONE OPPOSED? HEARING NONE.
SO IT'S A, UH, 10 AND, UH, FOUR.
UH, IS THERE ANYTHING STAFF TO, TO REPORT NOTHING FOR DIRECTORS REPORT OTHER THAN HAVE A SAFE, UH, HOLIDAY.
PLENTY OF TIME LEFT TO DO SOME LAST MINUTE SHOPPING.
SO WITH THAT, I HEAR BY ADJOURN THE MEETING OF THE BOARD OF ADJUSTMENTS.