* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:04] GOOD AFTERNOON EVERYONE. UH, WE'RE GONNA GO AHEAD AND CALL THE MEETING OF THE BOARD OF ADJUSTMENTS JANUARY 10TH, 2022. TO ORDER STAFF, IF YOU COULD PLEASE TAKE A ROLL CALL. ALL KAPLAN, MS. KAPLAN SENT. OKAY, MR. ALBERT. PRESENT. MR. MENCHACA PRESENT. MR. VASQUEZ? PRESENT. MS. CRUZ? HERE. MR. MANA? PRESENT? MR. ZUNIGA? HERE. MR. TEAL PRESENT AND QUEZ AND CHAIR ORIAN. I'M ALSO PRESENT. UH, DID YOU, DID YOU CALL 10? WHO DID I MISS UP HERE? OH, SO WE'VE, WE HAVE A ATTENDANCE OF NINE, SO WE HAVE A QUORUM. UH, WE HAD TWO PEOPLE WHO, UH, CONFIRMED AND SO THEY'RE NOT HERE YET. ALRIGHT, SO IF YOU PLEASE STAND AND JOIN US IN THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES, STATES TO AMERICA UNDER JUSTICE TEXAS STATE. ALL RIGHT, SO BEFORE WE, BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION. THE BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. 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'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME DURING THE MEETING, WE ARE PRIVATE CITIZENS APPOINTED TO THE, TO THIS BOARD BY CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND SAN ANTONIO CITY COUNCIL. THEY ARE 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 EXEMPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY OF THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF IN GRANTING THE RELIEF SOUGHT 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 FACTS OF YOUR CASE. UH, BEFORE WE PROCEED TO STAFF'S PRESENTATION, WE'RE GONNA HAVE THE SPANISH INTERPRETER MAKE A BRIEF STATEMENT. HI, GOOD AFTERNOON AND HAPPY NEW YEAR. I INTERPRET. THANK YOU. THANK YOU. UM, STAFF [00:05:02] STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL, SPECIAL EXCEPTION AND, UH, PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN EX INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION, ANY QUES AND ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION, YOU'LL BE CALLED IN ORDER THAT YOU SIGNED UP TO SPEAK. THOSE IN SUPPORT 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. THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK. GROUPS CONSISTING OF OF THREE OR MORE CITIZENS WILL BE ALLOTTED NINE MINUTES TOTAL TO ADDRESS THE BOARD ON THE ITEM. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. YES, UH, STAFF. IS THERE ANY CASES TODAY THAT ARE REQUESTING A CONTINUANCE? THERE IS ONE. OKAY. I'D LIKE TO, UH, ENTERTAIN THAT CASE FIRST PLEASE. SINCE WE'RE DOWN TO, UH, NINE PEOPLE, IT'S AGENDA ITEM NUMBER ONE. THANK YOU. AGENDA ITEM NUMBER ONE, BO EIGHT CASE 21 DASH 1 0 3 0 0 1 5 7. ADDRESS IS FIVE 19 WEST KINGS HIGHWAY CITY COUNCIL DISTRICT NUMBER ONE APPLICANT IS A FELIZ DENOVO REQUESTING A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FENCE HEIGHT REQUIREMENT TO ALLOW AN EIGHT FOOT SOLID SCREEN PRIVACY FENCE ALONG THE SIDE AND REAR PROPERTY LINES. CURRENT ZONING IS RESIDENTIAL SINGLE FAMILY AND APPLICANT IS REQUESTING A CONTINUANCE TILL FEBRUARY 7TH. OKAY. UH, IS THERE AN, UM, COMMISSIONER WOULD LIKE TO MAKE A MOTION ON THAT? TEAL COMMISSIONER TEAL. I MOVE THAT, UH, WE CONTINUE THIS TO FEBRUARY 7TH. SECOND, A SECOND, UH, STAFF PLEASE TAKE A ROLL CALL. VOTE MS. KAPLAN. I APPROVE MR. ALBERT I CONCUR. MR. MANCHACA I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ I CONCUR. MR. MANA I CONCUR. MR. ZUNIGA? I CONCUR. MR. TEAL? YES. CHAIR ORIAN. I ALSO CONCUR A MOTION PASSES CASE HAS CONTINUED FEBRUARY 7TH. CAN YOU ALSO, UH, LET ME KNOW WHO WAS THE FIRST AND SECOND ON THIS SO I CAN WRITE IT DOWN? YES. THE FIRST WAS TEAL AND THE SECOND WAS CRUZ. THANK YOU. AND, UH, OUTTA OUTTA CURIOSITY, ARE WE EXPECTING ANY MORE COMMISSIONERS TO ATTEND TODAY? SO WE ONLY HAVE ONE MORE. UH, THAT IS, UH, WHO, WHO HAD CONFIRMED THAT THEY WOULD BE IN ATTENDANCE, BUT THEY'RE NOT HERE YET. SO RIGHT NOW WE'RE OPERATING WITH JUST NINE. NOT SURE IF, UH, SHE'S GOING TO CONTINUE TO COME. IS THAT COMMISSIONER BRAGMAN? NO. COMMISSIONER BRAGMAN COULDN'T MAKE IT. NEITHER COULD COMMISSIONER DELMER. UM, BUT WE WERE SUPPOSED TO HAVE COMMISSIONER INGLES. OKAY. ALL RIGHT. THANK YOU. WELL, LET'S CONTINUE ON. OH, WE HAVE ONE MORE. WE HAVE ONE MORE? YES. THE APPLICANT IS HERE. THEY WANTED TO REQUEST SURE. WHICH ITEM SINCE ITEM NUMBER THREE. SO WE'RE GONNA MOVE ITEM NUMBER THREE TO THE NEXT ITEM TO BE HEARD. SO STAFF, IF YOU COULD PLEASE PRESENT ON BO 8 21 3 0 180. AGENDA ITEM NUMBER THREE IS CASE BO 8 21 103 0 180. THE SUBJECT PROPERTY IS LOCATED AT FIVE 11 FUR DRIVE IN COUNCIL DISTRICT SEVEN. THE APPLICANT IS DANIEL KING AND THEY'RE REQUESTING A SPECIAL EXCEPTION TO ALLOW ONE TYPE TWO SHORT-TERM RENTAL. UM, THE APPLICANT IS PRESENT TO REQUEST THE CONTINUANCE. OKAY. UH, WILL THE APPLICANT PLEASE COME FORWARD? AND JUST TO LET YOU KNOW, WE DO HAVE A PUBLIC COMMENT FOR THIS ONE TOO, SO WE WANNA HEAR THAT AS WELL AFTER. SURE. AND IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND, UM, ANY REMARKS YOU HAVE FOR YOUR CASE AND WHAT DATE WOULD YOU LIKE A CONTINUANCE TO. OKAY. MY NAME IS RACHEL BCH. CAN YOU PLEASE HIT THE, UH, THERE'S A SPEAKER BUTTON ON THERE. OH, IS IT ON? YEAH, JUST PUT THE MIC. OKAY. SORRY. MY NAME IS RACHEL BCH. AND UM, THE ADDRESS FOR THIS FOR FIVE 11 FUR DRIVE, UH, YOUR ADDRESS, WHICHEVER ADDRESS YOU'D LIKE TO PROVIDE. OKAY, MINE IS, UH, 9 4 1 5 LA RU STREET. THANK YOU. SAN ANTONIO, TEXAS. YEAH. 7 8 2 1 7. [00:10:03] PLEASE PROCEED. UM, WE WANTED TO SEE IF WE CAN GET, UH, CONTINUOUS FOR ABOUT SIX WEEKS FROM NOW. FEBRUARY, MAYBE FEBRUARY 15TH OR SO. THAT WOULD BE THE 22ND STAFF. IT'LL BE THE, IT'S THE 21ST. THE 21ST. FEBRUARY 21ST. FEBRUARY 21ST. IS THAT AN ADEQUATE DATE? YES SIR. OKAY, THANK YOU. UH, WE DO HAVE SOME PUBLIC COMMENTARY TO HEAR, SO IF YOU COULD TAKE A SEAT. OKAY. THANK YOU VERY MUCH. AND STAFF, IS IT, UH, SOMEONE SIGNED UP OR IS IT AN A VOICEMAIL? UH, WE HAVE, UM, ONE, ONE PERSON SIGNED UP AND WE DO HAVE A COUPLE VOICEMAILS AS WELL. FANTASTIC. UH, SO YOU CALL THE FIRST NAME PLEASE. BIANCA MALDONADO. BIANCA MALDONADO 4 57 CLUB DRIVE. BUT I ALSO RECORDED A STATEMENT AND I'M ONLY HERE FOR QUESTIONS, SO IF YOU COULD PLAY MY RECORDING. THANK YOU. THANK YOU. MY NAME IS KATHY C HERNANDEZ. MY ADDRESS IS 4 71 FURR SAN ANTONIO, TEXAS. GOOD MORNING. MY NAME IS DREA GARZA. PRESIDENT, GOOD MORNING. MY NAME IS BIANCA MALDONADO. I RESIDE AT 4 5 7 KLU DRIVE, SAN ANTONIO, TEXAS SEVEN EIGHT TWO ZERO ONE. MY PHONE NUMBER'S (210) 385-6188. I AM CALLING IN REGARDS TO O A CASE 21 3 0 1 8 0 REGARDING FIVE 11 FUR DRIVE. I'M OPPOSED TO THE SPECIAL EXCEPTION REQUEST FROM FIVE 11 FUR DRIVE FOR THE SS T R DENSITY LIMITATION TO ALLOW ONE ADDITIONAL TYPE TWO NON-OWNER OCCUPIED SHORT-TERM RENTAL PERMIT ON THIS BLOCK FACE. I SERVED ON THE CITY OF SAN ANTONIO'S SHORT-TERM RENTAL TASK FORCE REPRESENTING MY NEIGHBORHOOD MONTICELLO PARK AND WAS A PART OF THE DEVELOPMENT OF THIS ORDINANCE. THE 12.5% LIMITATION FOR NON-OWNER OCCUPIED SHORT-TERM RENTALS WAS A DIRECT RESULT OF STRIKING A BALANCE FOR NON-OWNER OCCUPIED FTRS TO OPERATE IN NEIGHBORHOODS AND THE PROTECTION OF THE INTEGRITY AND THE FABRIC OF THE CITY OF SAN ANTONIO'S NEIGHBORHOODS. FIVE 11 FUR DRIVE IS DIRECTLY VISIBLE FROM THE FRONT OF MY PROPERTY, THEREFORE I HAVE SIGNIFICANT CONCERN FOR A NON-OWNER OCCUPIED SHORT-TERM RENTAL AND TENDING TO SLEEP. SIX INDIVIDUALS WITH A POOL TO BE AVAILABLE FOR NIGHTLY RENTALS. THE OPERATION OF AN ADDITIONAL NON-OWNER OCCUPIED SHORT-TERM RENTAL ON THIS BLOCK FACE WILL BRING ADDITIONAL CARS AND PEDESTRIAN TRAFFIC AND IMPACT THE QUALITY OF LIFE IN MY SINGLE FAMILY COMMUNITY. THE PROPOSED S P R WILL ALSO DISPLACE INDIVIDUALS RENTING AT FIVE 11 FUR DRIVE AND REDUCE THE LONG-TERM RENTAL COMMUNITY IN MONTICELLO PARK. THE 500 BLOCK OF FUR DRIVE DOES NOT HAVE ANY ADDITIONAL CAPACITY FOR ON-STREET PARKING WITH UP TO 15 CARS PARKED NIGHTLY THERE ON BOTH SIDES OF THE STREET EVERY NIGHT. AND IT ALSO CAUSES ADDITIONAL CARS TO BE PARKED ON SHEAR AND CAMP MEN AS THERE'S INSUFFICIENT ON STREET PARKING TODAY THE 500 BLOCK OF FUR DRIVE IS THE NARROWEST BLOCK IN MY COMMUNITY AND AN EMERGENCY VEHICLE TODAY IS UNABLE TO PASS AND CARS ARE PARKED ON BOTH SIDES OF THE STREET. I WAS DIRECTLY INVOLVED IN THE TASK FORCE BECAUSE OF ISSUES WHICH AROSE WITH SHORT-TERM RENTALS WITHIN THE MONTICELLO PARK COMMUNITY. WHEN A TASK FORCE WORKS HARD TO PUT FORTH THE STRUCTURE FOR AN ORDINANCE, WE HOPE THAT THE BOARD OF ADJUSTMENT WILL UPHOLD, UH, THE STAFF'S RECOMMENDATION FOR DENIAL. MY REQUEST THAT IT ALSO BE OPPOSED. AND MY UNDERSTANDING IS THERE ARE OTHER PROPERTY OWNERS ADJACENT TO THIS PROPERTY WHO ARE IN OPPOSITION AND OTHER COMMUNITY MEMBERS WHO ARE ALSO IN OPPOSITION. PLEASE HELP PROTECT THE INTEGRITY OF THE NEIGHBORHOOD WHILE ALLOWING THE EXISTING NON-OWNER OCCUPIED SHORT-TERM RENTALS TO OPERATE DO NOT ALLOW MORE WITH A VARIANCE. SO I REQUEST THAT YOU OPPOSE TODAY'S VARIANCE. THANK YOU SO MUCH. AND I DO BE REACHED AS A PHONE NUMBER PROVIDED IF YOU HAVE ADDITIONAL QUESTIONS OR CONCERNS. THANK YOU VERY MUCH. ALRIGHT, UH, WE ALSO HAVE TWO ADDITIONAL OR ONE ADDITIONAL. ALRIGHT, GO AHEAD. MY NAME IS KATHY C HERNANDEZ. MY ADDRESS IS 4 71 FIR SAN ANTONIO, TEXAS 7 8 2 0 1. [00:15:02] THE B O A THAT I'M CALLING IN REFERENCE TO IS TWO ONE DASH 1 0 3 0 0 8 0. MY MESSAGE IS, UH, IN REFERENCE TO THE REQUEST FOR SPECIAL EXEMPTION FOR FOR SHORT, FOR SHORT-TERM RENTALS, UM, DENSITY LIMITATIONS TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL. AND I STRONGLY OPPOSE HAVING ADDITIONAL SHORT-TERM RENTALS AT THIS LOCATION ONLY BRINGS POTENTIAL HOUSING SHORTAGES. DISPLACES LOCALS IT IN, IT CONTRIBUTES TO THE INCREASE IN RENT. UM, THERE'S UNWANTED ADDITIONAL TRAFFIC IN A VERY OVERLY CONCENTRATED TRA HIGH TRAFFIC AREA ALONG A MAIN THOROUGHFARE. UM, AND THEN ALSO THE SHORT-TERM VISITORS ONLY BRING SHORT-TERM VISITS IN A LONG TERM NEIGHBORHOOD. AND, UM, WITH THE SATURATION OF THESE SHORT TERM AIRBNBS, THEY TYPICALLY BRING, UH, LIKE I SAID, AS MENTIONED, RISING RENTS, DISPLACED LOCAL INCREASE, UM, DAILY TRAFFIC, AND, UM, I'M STRONGLY OPPOSED TO IT IN OUR MONTICELLO PARK NEIGHBORHOOD. THANK YOU. APPRECIATE THE OPPORTUNITY TO PROVIDE A COMMENT. GOOD MORNING. MY NAME IS DREA GARZA, PRESIDENT OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION. PO BOX 1 0 0 3 1 5, SAN ANTONIO, TEXAS 7 8 2 0 1. I'M CALLING WITH REGARD TO D OA 23 8. THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION WISHES TO REGISTER OPPOSITION TO THE REQUEST FOR A VARIANCE TO THE SHORTTERM RENTAL T R DENSITY LIMITATIONS FOR THE PROPERTY LOCATED AT FIVE 11 CROW DRIVE. THE S R ORDINANCE IS A CULMINATION OF INPUT BY THE S T R TASK FORCE, THE CITY OF SAN ANTONIO, AND MOST IMPORTANTLY, THE COMMUNITY. MONTICELLO PARK RESIDENTS SERVED ON THE S T R TASK FORCE, ATTENDED TOWN HALL MEETINGS AND PROVIDED FEEDBACK THROUGHOUT THE DEVELOPMENT OF THE ORDINANCE. WE ASK THAT THE LIMITATIONS ESTABLISHED AS A RESULT OF THIS COLLABORATION BE MAINTAINED. THERE IS CURRENTLY A GOOD BALANCE BETWEEN THE ESTABLISHED HISTORY, CHARACTER, AND LEGACY OF MONTICELLO PARK WITH A SINGLE FAMILY RESIDENCY AND S T R, THE INTRODUCTION OF AN ADDITIONAL NON-OWNER OCCUPIED S T R STRIKES. AT THE SPIRIT OF THIS BALANCE, WE'RE CONCERNED OVER THE DENSITY THAT AN EXEMPTION OF THIS NATURE WOULD INTRODUCE AS THIS WOULD HAVE AN IMPACT ON THE QUALITY OF LIFE IN OUR NEIGHBORHOOD. WE ARE FURTHER CONCERNED THAT AN S T R WOULD LEAD TO A SIGNIFICANT INCREASE OF ACTIVITY IN AND AROUND THE IMMEDIATE AREA. IT MUST BE ASSUMED THERE WILL BE A REGULAR INFLUX OF SHORT-TERM RENTERS AND SUCH RENTAL ACTIVITY NECESSITATES THE NEED FOR ADDITIONAL RELATED ACTIVITY FOR MAINTENANCE AND OR CLEANING, ESPECIALLY SINCE THE PROPERTY IS NOT OWNER OCCUPIED. THE 500 BLOCK OF FUR DRIVE WHERE THIS PROPERTY IS LOCATED IS UNLIKE THE REST OF FUR DRIVE, WHICH CONSISTS PRIMARILY OF SINGLE FAMILY HOMES WITH A COMBINATION OF SINGLE FAMILY HOMES AND RENTAL HOUSING ON JUST THIS ONE BLOCK ON STREET PARKING IS PREVALENT AND A CHALLENGE FOR NAVIGATION FOR EXISTING RESIDENTS. HER DRIVE IS ALSO THE NARROWEST STREET WITHIN, WITHIN IN P N A, A GREATER INFLUX IN TRAFFIC AND PARKING POSES. SAFETY CONCERNS FOR RESIDENTS AND GUESTS UNFAMILIAR WITH THE NEIGHBORHOOD AND COULD HAVE A SIGNIFICANT AND NEGATIVE EFFECT ON THE FLOW OF TRAFFIC. M C A IS COMMITTED TO PRESERVING THE QUALITY OF LIFE IN MONTICELLO PARK AND DOES NOT SUPPORT THE REQUESTED VARIANCE AND RESULT IN INCREASED IN DENSITY. WE RESPECTFULLY REQUEST THAT THIS SPECIFIC, UM, B O A REQUEST NOT BE APPROVED. THANK YOU VERY MUCH FOR YOUR TIME AND ATTENTION AND ATTENTION TO THIS MATTER. THIS CONCLUDES THE VOICEMAILS. ALL RIGHT, THANK YOU VERY MUCH. UH, WITH THAT, UH, WE HAVE A, UH, THE APPLICANT REQUESTING CONTINUES TO FEBRUARY 21ST. UH, IS THERE A COMMISSIONER? I'D LIKE TO MAKE A MOTION. TEAL COMMISSIONER THIEL. I MOVE THAT WE CONTINUE, UH, THIS CASE TO FEBRUARY 21ST, 2022. I SECOND AND SECOND BY COMMISSIONER CRUZ. UH, STAFF, PLEASE TAKE A ROLL CALL. VOTE MS. KAPLAN. I CONCUR. MS. ALBERT I CONCUR. MR. MANCHACA I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ I CONCUR. MR. MANA? I CONCUR. UM, MR. ZUNIGA? I CONCUR. MR. TEAL? YES. MR. S I CONCUR. CHAIR ORIAN AND I ALSO CONCUR, [00:20:01] UH, FOR THE RECORD THAT WAS MS. INGLES ALLOWED TO VOTE ON THIS CASE ONLY IF SHE FEELS COMFORTABLE ENOUGH BASED ON WHAT, UH, WHAT OCCURRED AND WHAT SHE HEARD SINCE JOINING THE MEETING. SO IT'S UP TO HER. GREAT. WELL THE MOTION PASSES. 10 TO ZERO. UH, NEXT, NEXT ITEM IS ITEM TWO ON THE AGENDA. AGENDA ITEM NUMBER TWO, BO A 21 DASH 1 0 3 0 0 1 71 ADDRESS IS 1610 NORTH ST. MARY STREET CITY COUNCIL DISTRICT NUMBER ONE APPLICANT IS, UH, EMILY WEISLER REQUESTING A 10% VARIANCE FROM THE MAXIMUM 80% MAXIMUM COVERAGE REQUIREMENTS TO ALLOW MAXIMUM COVERAGE OF 90%. ZONING IS, UH, FORM-BASED TRANSECT ZONE FIVE. SUBJECT PROPERTY IS LOCATED ALONG ST. MARY STREET, NEAR CAMDEN STREET AND CURRENTLY IS A VACANT LOT. APPLICANT IS REQUESTING A 10% VARIANCE FROM THE 80% MAXIMUM COVERAGE REQUIREMENTS TO ALLOW A MAXIMUM COVERAGE OF 90% UPON SITE VISITS. STAFF OBSERVED A LOT, WAS CURRENTLY VACANT AND BEING USED AS A PARKING SPACES FOR BUSINESSES AROUND THE LOCAL AREA. SITE PLAN. SUBJECT PROPERTY. IT'S THE FRONT OF THE SUBJECT PROPERTY, SUBJECT PROPERTY. IT'S THE LEFT SIDE OF THAT PROPERTY SURROUNDING AREA LOT COVERAGE VARIANCE. THE STAFF RECOMMENDS APPROVAL IN BO O A 21 DASH 1 0 3 0 0 1 71 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE LOT SIZE, THE SIZE OF THE LOT IS SMALLER THAN THE OTHER LOTS IN THE SURROUNDING AREA. TWO, THE LOT COVERAGE WILL BE NO GREATER THAN 90%. THREE. BY INCREASING THE LOT COVERAGE BY 10%, THE DEVELOPMENT WILL BE ABLE TO MEET OTHER U D C REQUIREMENTS. 10 NOTICES WERE MAILED OUT. ZERO RETURN IN FAVOR. TWO WERE RETURNED IN OPPOSITION AND THERE WAS NO RESPONSE FROM THE DOWNTOWN RESIDENTS ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION. THANK YOU VERY MUCH. UH, THE APPLICANT CAN PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. DO YOU MIND? THANK YOU. HI, GOOD AFTERNOON. ASHLEY FAIRMONT, KILLING GRIFFIN AND FAIRMONT 1 0 1 0 1 REUNION PLACE. UM, THANK YOU ALL FOR HEARING US THIS AFTERNOON ON THIS VARIANCE REQUEST. WE DO HAVE A, A SHORT PRESENTATION TO MAKE. UM, I JUST WANNA NOTE THAT THE PROPERTY IS CURRENTLY OWNED BY EDWARDS AQUIFER AUTHORITY. UM, I REPRESENT URBAN GENESIS, WHO'S THE POTENTIAL BUYER OF THE PROPERTY. THEY'RE A MULTIFAMILY DEVELOPER WHO'D LIKE TO BRING MORE RESIDENTIAL TO THIS AREA. GIMME A SECOND. OKAY, NO PROBLEM. . UM, SO WHILE, WHILE HE BRINGS THAT UP, I'LL TALK A LITTLE BIT ABOUT THE PROPOSED PROJECT AND THEN I CAN SHOW YOU PICTURES IN IN A SECOND. BUT THE PROPERTY RIGHT NOW IS, IT'S ABOUT 0.6 ACRES. AND AS MENTIONED, IT'S A PRETTY SMALL LOT. UH, AND THE IDEA IS TO REDEVELOP IT TO BRING RESIDENTIAL. IT WOULD BE ONE LEVEL OF PARKING WITH THREE LEVELS OF RESIDENTIAL ON TOP. UM, SO WE HAVE ALL THE, THE STRUCTURED PARKING THAT SATISFY THE FORM-BASED PARKING STANDARDS ON THE BOTTOM LEVEL PLUS THE RESIDENTIAL ABOVE THAT. UM, ALL OF THE UNITS ARE PLANNED TO BE SINGLE BEDROOM OR STUDIO UNITS, SO THEY'RE SMALLER. UH, THE IDEA BEING, UM, ALSO THERE ARE NO AMENITIES IN THE PROJECT, SO IT'S A MORE URBAN LIVING TYPE LIFESTYLE. YOU COME IN, IT'S SECURE. UM, IT, IT'S SOMEWHERE YOU CAN PARK YOUR CAR, LOCK YOUR DOOR SECURE ENTRANCES. AND THE IDEA IS THAT THE AMENITIES ARE, ARE THE COMMUNITY. WE'RE DOWNTOWN IN BETWEEN REALLY THE DOWNTOWN CORE AND THEN PEARL AREA. SO IDEAL FOR MORE RESIDENTIAL DEVELOPMENT. ALSO, THE PROPERTY IS PART OF THE DOWNTOWN REGIONAL CENTER PLAN, UH, PLAN TO BE REGIONAL MIXED USE. UH, THAT'S THE HIGHEST INTENSITY USE CLASSIFICATION IN THAT PLAN. AND SO WE FEEL THAT THIS USE IS CONSISTENT WITH THAT AS WELL. LASER, HOW DO I CHANGE THE PAGE? UM, YOU CAN GO ON TO THE NEXT ONE. PERFECT. SO, UM, JUST A LITTLE BIT MORE ABOUT EVERYTHING THAT'S HAPPENING IN THE AREA. SO TO THE NORTH OF THE PROPERTY IS A MOTEL HERE IS, IT'S A, A CLIMBING FACILITY. I'M BETTER. THANK YOU. UM, HERE, VACANT COMMERCIAL DOWN TO THE SOUTH. I'LL MENTION IN A MINUTE. IT'S ANOTHER MULTI-FAMILY PROJECT AND THEN RESTAURANTS ACROSS THE STREET. UM, THIS IS JUST A NEW BUILDING THAT WENT UP IN THE AREA. THIS ONE'S ACTUALLY FIVE STORIES. IT'S SLIGHTLY BIGGER IN PROPERTY SIZE. UH, I THINK IT'S 95 UNITS, SO IT'S A LITTLE BIT MORE INTENSE. BUT WE WANNA DO SOMETHING SIMILAR IN CHARACTER, BUT ON A SMALLER SCALE. AND AS YOU CAN SEE, THIS [00:25:01] ONE IS BUILT OUT TO THE PROPERTY LINES BASICALLY, WHICH IS WHAT WE'RE PROPOSING AS WELL. ON THIS SLIDE HERE. I JUST WANTED TO NOTE THE ZONING. WE ARE CONSISTENT WITH ZONING. WE'RE CONSISTENT WITH USE. FORM BASE HAS A LOT OF STANDARDS, AS YOU ALL MIGHT KNOW. UM, WE'RE CONSISTENT WITH ALL OF THOSE STANDARDS EXCEPT FOR WE ARE ASKING FOR THAT ADDITIONAL 10% OF LOCK COVERAGE FOR OUR BUILDING. UH, I DO WANNA NOTE ALSO THAT JUST ACROSS CAMDEN STREET, AS YOU GET A LITTLE BIT CLOSER TO THE RIVER, UM, THE T SIX, THE TRANSECTS TRANSECT SIX PORTIONS OF THE FORM BASE ALREADY ALLOW FOR 90% IN PERVIOUS COVER. SO NOT TOO FAR FROM HERE, THAT'S ALREADY PERMITTED BY WRIGHT. UM, AGAIN, JUST SUMMARIZING OUR REQUEST AND THERE ARE SOME STAFF RECOMMENDATIONS REGARDING STREETS, STREETSCAPE LANDSCAPE. WE'RE AGREEABLE TO ALL OF THOSE. WE DID REQUEST A CONTINUANCE AT THE DECEMBER MEETING TO MAKE SURE THAT EVERYONE WAS COMFORTABLE WITH, UM, US WE'RE COMFORTABLE WITH STAFF'S RECOMMENDATION AND STAFF'S RECOMMENDATION WAS COMFORTABLE WITH WHAT WE'RE PROPOSING ON LANDSCAPING. AND WE ARE IN AGREEMENT THERE AND ARE GOOD WITH ALL OF THOSE CONDITIONS. NEXT SLIDE. UH, THAT'S JUST AN EXCERPT FROM FORM BASE. NEXT ONE. SO HERE'S, UM, WHAT THE LOT LAYOUT OR BUILDING LAYOUT WILL LOOK LIKE. SO WE HAVE THE FIRST STORY OF PARKING AS YOU CAN SEE, AND THEN THE THREE STORIES OF, UM, APARTMENT UNITS ABOVE THERE. UM, CAN YOU GO TO THE NEXT ONE? SO ONE THING I I DID WANNA POINT OUT ON THIS SLIDE HERE. SO THE BUILDING, UH, RIGHT NOW THERE ARE SETBACK REQUIREMENTS ALONG THE STREET FRONTAGES. UM, THOSE ARE FIVE TO 12 FEET I BELIEVE. AND SO WE ARE CONSISTENT WITH THOSE. THE SIDE SETBACK REQUIREMENTS ARE CURRENTLY, I THINK THE MINIMUM IS ZERO, UH, BUT WE ARE SET BACK FIVE FEET FROM EACH OF THOSE SIDES. IF YOU LOOK AT AN AERIAL, I DON'T KNOW IF WE HAVE ONE, BUT THE BUILDINGS ON THE PROPERTIES NEXT DOOR ARE PRETTY MUCH RIGHT ON THE PROPERTY LINE. SO WE ARE SETTING BACK FIVE FEET FROM EACH OF THOSE PROPERTY LINES. UH, AND THIS IS JUST AN EXAMPLE OF WHAT THE BUILDING WILL LOOK LIKE. UH, YOU CAN SEE THAT FIRST FLOOR PARKING THAT WILL BE SCREENED WITH THE THREE LEVELS ABOVE. AND SO JUST TO SUMMARIZE REAL QUICK OUR FINDINGS OF FACT, UM, YOU KNOW, THIS IS INFILL DEVELOPMENT, SUSTAINABLE, WALKABLE, WHICH I THINK IS A GOAL OF THE DOWNTOWN COMMUNITY PLAN OR DOWNTOWN REGIONAL PLAN, EXCUSE ME. UH, AS WELL AS, YOU KNOW, WHAT WE'RE TRYING TO SEE IN OUR AREA, BRING PEOPLE BACK DOWNTOWN, MORE PEOPLE IN THIS AREA TO PREVENT THE SPRAWL. UM, AND THEN LITTLE ENFORCEMENT WOULD RESULT IN THE UNNECESSARY HARDSHIP. UH, SO WE BELIEVE, UM, SORRY. UM, SO AGAIN, WE, WE THINK WE'RE, WE'RE CONSISTENT WITH THE IDEA OF THE FORM BASE AND THAT THIS, THIS USE AND THE LOT COVERAGE, UM, IS WHAT THE GOAL IS TO SEE IN THIS PROJECT. AND THEN ALSO SATISFYING ALL OF THE OTHER CHARACTERISTICS OF THE FORM BASE. UM, AND WE'RE CONSISTENT WITH USE. AND AGAIN, UM, THE LOT IS PRETTY SMALL, SO WE'RE TRYING TO, TO BRING THAT HOUSING KIND OF REDEVELOP THIS PORTION OF TOWN. UH, AND WE HOPE THAT YOU SUPPORT THE VARIANCE REQUEST. I'M HAPPY TO ANSWER QUESTIONS. THANK YOU. THANK YOU VERY MUCH. UH, STAFF, IS THERE ANYONE SIGNED UP TO SPEAK? NO, NO VOICEMAILS OR ANYTHING. OKAY. WELL THEN WE, WE DID RECEIVE A, UH, A LETTER FROM ONE OF THE OPPO, UH, PEOPLE OPPOSING THIS. OKAY. UH, IS IT SOMETHING THAT YOU COULD, UM, SHOW ON THE, EXCUSE ME? IS SOMEBODY GOING TO READ THIS? UM, I CAN'T READ THIS ON MY COMPUTER. UH, I CAN, SURE. THANK YOU. WE'LL ZOOM IN FOR YOU. UM, WE'RE NOT GOING TO READ IT INTO THE RECORD THOUGH, MS. KAPLAN, IS THAT BETTER? YES, IT IS. OKAY. [00:30:05] ALL RIGHT. UM, MS. HERMAN, YOU CAN COME BACK UP. SO IF THERE'S ANY QUESTIONS FOR THE APPLICANT, MENCHACA, COMMISSIONER MENCHACA, I WOULD LIKE A LITTLE MORE CLARIFICATION ON THE LANDSCAPE PLAN. EVEN THOUGH YOU GOT THE 25 CREDIT POINTS, ARE THERE GONNA BE SOME SORT OF TREES OR SHRUBS OR SOMETHING AROUND THIS THING? YES, THERE WILL BE. AND I DON'T THINK WE HAVE AN EXHIBIT THAT SHOWS THE LANDSCAPING RIGHT NOW, BUT THERE WILL BE THE STREET SCAPE SURROUNDING THE PROPERTY LIKE YOU SEE ON, ON THE OTHER NEW DEVELOPMENTS NEARBY. SO THAT'S THE TREE PLANTINGS ALONG THE STREET, FRONTAGES, I DON'T KNOW KAT OR KAYLA, DO YOU HAVE ANYTHING TO WEIGH IN ON THAT PIECE? BUT THERE WILL BE THE PLANTINGS ALONG THOSE THAT'S REQUIRED BY THE CODE STAFF. CAN YOU BRING UP, UH, THE PRESENTATION? I THINK THERE WAS A SCREEN THAT, THAT CALLED FOR WHERE PLANTING AREAS ARE GOING TO BE. NO, YOU CAN KEEP GOING TO OUR SITE PLAN MAYBE YEAH, YEAH, ON THE NEXT ONE. SO IT DOESN'T SHOW YOU NECESSARILY WHAT TYPE OF PLANTS OR TREES WILL BE THERE, BUT THE, THE, THEY WILL BE ALONG ALL ALONG EACH STREET FRONTAGE. SO, AND WE'RE NOT ASKING FOR A VARIANCE FOR MANY OF THOSE STANDARDS. UH, WE WILL BE COMPLYING, BUT I THINK THE IDEA WAS TO MAKE SURE THAT WE'RE COMPLYING, UM, FROM OUR PERSPECTIVE, WE NEEDED TO MAKE SURE THAT WE COULD MEET CODE AND CITY WANTS TO MAKE SURE WE'RE COMPLYING AS WELL, SO THERE'S NO VARIANCE REQUESTED THERE. BUT I DON'T HAVE A SPECIFIC, SO ALONG IT'S, IT'S STATED THAT ALONG CANID AND ST. MARY'S IS GOING TO BE A PLANTING STRIP. CORRECT. SO THAT'S WHERE IT'S DENOTED ON THE PLAN. UM, THANK YOU. I I HAVE A QUICK QUESTION. UM, ON THE PRESENTATION ON THE SITE PLAN, IF YOU COULD BRING THAT BACK UP AND WHAT'S INCLUDED IN THE ATTACHMENTS THAT'S AVAILABLE ONLINE? UH, THIS IS SHOWING THAT THEY'RE GOING FOR 63 UNITS, BUT ONLINE IT'S, IT'S SHOWING, UH, 40, 59 UNITS AND THE PARKING IS A LITTLE DIFFERENT. UM, SO WHAT IS, WHICH ONE ARE, ARE YOU PURSUING? IS IT 59 UNITS OR 63? THIS ONE SHOWS 63. IT SHOULD BE, IT SHOULD BE 63. OKAY. SO THE, THE ONE AVAILABLE THAT STAFF HAS SHOWED US IS THE MOST CURRENT. ALL RIGHT. ANY QUESTIONS? ANY OTHER QUESTIONS? CRUZ, COMMISSIONER CRUZ. UM, MA'AM, UM, I SEE THE OBJECTION AND I'M ASSUMING THAT THE GYM NEIGHBOR NEXT DOOR, DO YOU KNOW WHAT'S THEIR MAIN OBJECTION BESIDES THE PARKING, I'M ASSUMING? UM, WELL, I, I ONLY KNOW FROM WHAT I JUST READ IN THE LETTER, BUT IT, IT SEEMS LIKE THEY'RE CONCERNED WITH THEIR WINDOWS. UM, BUT THEY, THEIR BUILDING IS BUILT RIGHT ON THE PROPERTY LINE. I MEAN, IT, IT IS RIGHT THERE. SO WE'RE SETTING BACK THE FIVE FEET. UM, WE'RE COMPLYING WITH HEIGHT REGULATIONS. I MEAN, THE HEIGHT REQUIREMENTS ARE BETWEEN TWO AND FOUR STORIES FOR THIS SECTION OF FORM BASE. AND WE ARE FOUR STORIES, SO WE'RE IN THAT STANDARD. UM, WE'RE NOT ASKING FOR A VARIANCE FROM ANY OF THAT. SO, YOU KNOW, I, I GUESS THEIR, THEIR MAIN COMPLAINT IS BECAUSE OF THEIR WINDOWS. THEY FIGURE PEOPLE CAN LOOK IN, THINK AND SEE WHAT, WHAT, WHAT IS THERE AND THERE'S POSSIBILITY OF OTHER ISSUES. IT SEEMS LIKE THEY'RE MORE CONCERNED WITH JUST LIGHT. THAT'S HOW I READ THE LETTER, BUT MAYBE I I READ THAT WRONG. RIGHT. LIGHTING ISSUES, IS THAT WHAT YOU'RE TALKING ABOUT? SUNLIGHT, SUNLIGHT. SUNLIGHT. OH, SUNLIGHT. OKAY. WAIT, NOW THE OTHER, OKAY. COMMISSIONER T THEN MANNA, UM, YOU REFERENCED THE CATTYCORNER BUILDING. UM, THAT BUILDING WAS DONE WITH THE AS AFFORDABLE HOUSING. ARE, ARE THESE GONNA BE AFFORDABLE OR RETAIL UNITS? THESE ARE NOT, THESE WILL BE MARKET RATE. UM, YOU KNOW, THERE'S NO SUBSIDIES OR TAX CREDITS OR ANYTHING ON THIS PROJECT. UM, BUT BY BEING, UM, THEY ARE MARKET RATE, BUT THEY ARE SMALLER UNITS, SO THEY, THEY ARE PRICED LOWER THAN OTHER PRODUCT IN THE AREA, PEARL AND, AND WHATNOT. UM, AND THEN AGAIN, I MENTIONED EARLIER THAT THERE AREN'T AMENITIES IN THE PROJECT, WHICH ALSO, UM, BRINGS THE RENTS DOWN. SO I DON'T HAVE THE SPECIFIC RENT STRUCTURE, BUT WE HAVE WORKED ON ANOTHER SIMILAR PROJECT ON THE OTHER SIDE OF THE HIGHWAY. UM, AND THOSE RENTS WERE, WERE LESS. SECOND QUESTION, UH, WE ESTABLISHED 63 UNITS. WHAT'S THE TOTAL NUMBER OF PARKING SPACES? THE, UH, 53 IT. OKAY. THANK YOU COMMISSIONER MANNA. SO, UM, THE QUESTION I HAVE IS, UM, SO, SO WHAT IS THE SQUARE FOOTAGE OF THE FOOTPRINT, [00:35:01] UM, ON THAT SPACE THAT YOU'RE LOOKING TO, UH, I GUESS, UH, OBTAIN? SO TRYING TO DIFFERENTIATE WHAT, 80% VERSUS 90% WITH REGARDS TO THAT, THAT BASE? SURE. THAT'S A, THAT'S A GOOD QUESTION. I DON'T KNOW IF I HAVE THOSE NUMBERS IN FRONT OF ME. I DON'T KNOW IF WE HAVE ANY PLANS WITH DIMENSIONS ON THEM. UM, SORRY, I, I'LL, SO, OKAY, SO HERE'S ANOTHER QUESTION THEN. SO, SO, UM, BY, RIGHT, UM, SO, SO THE PROPERTY NEXT DOOR, THAT, THAT IS, UH, THAT, THAT DOES HAVE A, I GUESS, FILED IN OPPOSITION. SO, SO BY WRIGHT, YOU'RE ABLE TO BUILD AT THE, AT THAT LINE IF YOU SO CHOSE AND GIVE UP THE, THE 10% SOMEWHERE ELSE ALONG THE PROPERTY, IS THAT CORRECT? CORRECT. OKAY. THANK YOU. ANY OTHER QUESTIONS? ALL RIGHT. UH, AND I I, I HAVE A, UM, JUST A STATEMENT MORE OF THE, THE HOTEL BEHIND YOU, THEY ALSO BUILT ON THE PROPERTY LINES. IT LOOKS LIKE THEY'RE RIGHT ON IT AS WELL. UH, I, I THINK SO. I CAN'T SAY FOR CERTAIN, BUT IT, THAT'S HOW IT LOOKS TO ME AS WELL. OKAY. BUT THEY BUT THEY ALSO DON'T HAVE ANY WINDOWS. SO TRUE. I JUST WANTED TO POINT THAT OUT. ALL RIGHT, WELL IF THAT'S ALL, IF YOU CAN HAVE A COUPLE MINUTES, MAKE ANY CLOSING REMARKS. UM, I, I, I APPRECIATE THE QUESTIONS AND THE CONCERN, AGAIN, I, I DON'T MEAN TO BE TOO REPETITIVE, BUT WE DO THINK THIS IS IN WITH CHARACTER WITH THE AREA AND THE WHOLE REDEVELOPMENT OF THIS PORTION OF DOWNTOWN, UM, THE 10% EXTRA IS, IS REALLY NEEDED TO MAKE THE PARKING WORK TO MAKE THE LAYOUT AND CIRCULATION OF THE BUILDING FUNCTION PROPERLY. UM, SO, AND ALSO AGAIN, SATISFIES THOSE PARKING STANDARDS OF THE FORM BASE. OTHER ZONING DISTRICTS IN THE DOWNTOWN AREA LIKE I D Z DON'T EVEN, YOU KNOW, HAVE A LOWER PARKING STANDARD. SO, UM, YOU KNOW, WE, WE THINK THIS IS A GOOD PLAN. HOPE YOU'LL SUPPORT IT. UM, HAPPY TO ANSWER MORE QUESTIONS. THANK YOU. ALRIGHT, THANK YOU VERY MUCH. UH, SO WITH THAT, IF THERE'S A COMMISSIONER WHO'D LIKE TO MAKE A MOTION, TEAL COMMISSIONER TEAL REGARDING CASE NUMBER BO O A DASH 21 DASH 0 3 0 0 1 7 1. I MOVED AT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A 10% VARIANCE FROM THE 80% MAXIMUM COVERAGE REQUIREMENTS TO ALLOW A MAXIMUM COVERAGE OF 90% SITUATED AT 1610 NORTH ST. MARY'S STREET, APPLICANT BEING EMILY WEISLER. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE REQUEST TO ALLOW A 90% LOCK COVERAGE 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 THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP BY IMPOSING THE LITERAL ENFORCEMENT, THE LOT COVERAGE WOULD BE AT 80% AND WOULD NOT ALLOW ENOUGH ROOM AS DESIGNED O ON THE PLANS FOR THE PROPERTY AND THE NEW DESIGNS WOULD NEED TO BE CREATED AND POTENTIALLY OTHER VARIANCES WOULD ARISE. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. SPIRIT OR SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE 90% LOCK COVERAGE IS TO ALLOW FOR FUTURE DEVELOPMENT OF THE PROPERTY WHICH IS OBSERVED. FOUR. THE VARIANCE WILL NOT AUTHORIZE AN OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF, OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO HAVE A LOT COVERAGE INCREASE TO 90% IS TO ASSIST WITH THE FUTURE DEVELOPMENT OF THE PROPERTY AND THE DESIGN, WHICH DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING THE ADJACENT PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER FOR THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS THAT THE PLIGHT OF THE PROPERTY OWNER IS SOUGHT DUE TO THE SMALL SIZE OF THE LOT, AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER. HAVING 90% COVER 90% COVERAGE WOULD ASSIST WITH THE SET DESIGN PLAN FOR THE PROPERTY WITHOUT HAVING TO SUBSTANTIALLY ALTER THE PLANS. END OF MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. UH, TEAL PLEASE. LE COMMISSIONER TEAL, PLEASE LEAD THE DISCUSSION. UH, I WILL NOT BE IN SUPPORT OF THIS MOTION. I THINK THAT 90% COVERAGE ON THAT PARTICULAR LOT IS IN EXCESS OF WHAT IT NEEDS TO BE. I FEEL IT'S, UH, THERE'S NOT ENOUGH PARKING AND IT FIND IT IRONIC THAT THE EDWARDS AQUIFER, UH, CURRENT OWNER WOULD, UH, WOULD WANT SOMETHING WITH THAT MUCH IMPERVIOUS COVER. SO I WILL NOT BE IN SUPPORT. COMMISSIONER CRUZ? UM, [00:40:01] YEAH, I THINK I'M GONNA GO AGAINST MR. TEO. I WOULD SUPPORT THIS. MY ONLY PROBLEM IS, UH, OF COURSE THE, THE NEXT DOOR NEIGHBOR NOT REALLY IN FAVOR OF THE PROJECT, BUT I THINK THE PROJECT WOULD STILL BE GOOD IN THE AREA. THANK YOU. THANK YOU. ANYONE ELSE LIKE TO ADD? NOBODY? OKAY. WELL, I'M GONNA GO AHEAD AND CHIME IN. UM, I ALSO DON'T AGREE WITH THE LACK OF PARKING. UH, THAT'S A, THAT'S JUST A BIG DEAL. I KNOW THAT IN THIS PART OF TOWN THERE'S A NUMBER OF DRIVEWAYS, UH, LIMITED PLACES TO PARK ON THE SIDE OF THE ROAD. AND SO THAT, THAT'S JUST A POINT THAT KIND OF BOTHERS ME. SO I WILL NOT BE IN SUPPORT STAFF, PLEASE TAKE A ROLL CALL. VOTE MS. KAPLAN. I DO NOT CONCUR. MR. ALBERT. I DO NOT CONCUR. MR. MANCHACA DO NOT CONCUR, MR. VAZQUEZ? I DO NOT CONCUR. MS. CRUZ? YES, I CONCUR. MR. MANA? I DO NOT CONCUR. UH, MR. ZUNIGA? I DO NOT CONCUR. MR. TEAL? NO, I DO NOT. CONCUR. CHAIR ORIAN. I ALSO DO NOT CONCUR. MOTION FAILS. UH, NINE TO ONE AGAINST. ALL RIGHT, NEXT CASE PLEASE. I WILL TALK TO HER. AGENDA ITEM FOUR, RIGHT? YES, IT'S FOUR. AGENDA ITEM NUMBER FOUR IS CASE BO A 21. 103 0 0 1 8 5. THE SUBJECT PROPERTY IS LOCATED AT TWO 30 LUCAS STREET WITHIN COUNCIL DISTRICT TWO. THE APPLICANT IS ALYSSA VIRE. THE REQUEST IS FOR A SPECIAL EXCEPTION TO ALLOW ONE TYPE TWO SHORT-TERM RENTAL. UM, THE ZONING OF THE PROPERTY IS MULTIFAMILY. THE SUBJECT PROPERTY IS LOCATED ON THE CORNER OF LUCAS STREET AND CALHOUN STREET. UM, THERE ARE CURRENTLY FOUR NEWLY CONSTRUCTED, UM, SINGLE FAMILY DWELLINGS ON THE PROPERTY ITSELF. UM, THERE ARE SOME IMMEDIATE, UM, USES IN THE AREA, INCLUDING SINGLE FAMILY. THERE'S SOME MULTIFAMILY AND SOME COMMERCIAL AND OFFICE USES ALONG NORTH NEW BRAUNFELS AND BROADWAY STREET. IT IS ALSO DIRECTLY LOCATED NORTH OF FORT SAM HOUSTON, SOUTH OF THE BOTANICAL GARDENS. UM, THE APPLICANT, UM, DOES PERMANENTLY RESIDE IN SAN ANTONIO AND THERE ARE TWO OTHER PERMITS THAT ARE ISSUED ON THIS BLOCK FACE. AND, UM, EACH OF THOSE PERMITS ARE ISSUED ON THE PROPERTY ITSELF. UM, SO AGAIN, THERE ARE FOUR SINGLE FAMILY DWELLINGS ON THE PROPERTY AND TWO OF THEM ARE CURRENTLY PERMITTED WITH SHORT-TERM RENTAL OR FOR A SHORT-TERM RENTAL. UM, ONE OF THE PERMITS WAS ISSUED BY WRIGHT, UH, IN JULY, AND THEN THE OTHER ONE WAS, UM, BROUGHT FORWARD TO THE BOARD IN SEPTEMBER OF 2021. THEY WERE GRANTED THE SPECIAL EXCEPTION AND SO A PERMIT WAS ISSUED, UM, AFTER THAT WAS GRANTED. THIS IS SHOWING THE SUBJECT PROPERTY OUTLINED IN BLACK, UM, AND THEN SURROUNDING PERMITS THAT ARE IN THE AREA. SO, UM, YOU CAN SEE THOSE TWO SHORT-TERM RENTALS THAT ARE OUTLINED IN THAT RED BOX ARE GRANTED FOR THE PROPERTY ITSELF, ONE PER ONE FOR A UNIT. UM, THIS IS A IMAGE OF THE FLOOR PLAN. THIS IS THE SUBJECT PROPERTY IN THE SURROUNDING AREA. STAFF RECOMMENDS DENIAL OF BO O A 21 1 0 3 0 0 180 5 BASED ON THE FOLLOWING FINDINGS OF FACT. UM, ONE THAT THERE ARE TWO CURRENTLY TWO ACTIVE TYPE TWO SHORT-TERM RENTAL UNITS ON THE BLOCK. FACE. STAFF MAILED 37 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET OF THE SUBJECT PROPERTY. THREE NOTICES WERE RETURNED IN FAVOR, UM, FOR RETURN IN OPPOSITION, AND THEN THERE WAS NO RESPONSE FROM THE MINKE PARK NEIGHBORHOOD ASSOCIATION. UM, THAT CONCLUDES STAFF PRESENTATION AND I'M AVAILABLE FOR ANY QUESTIONS. THANK YOU VERY MUCH. UM, IS THE APPLICANT PRESENT? HELLO? GOOD AFTERNOON. MY NAME'S ALYSSA AL AND WE'RE TALKING ABOUT PROPERTY TWO 30 LUCAS STREET. [00:45:02] THANK YOU. PLEASE PROCEED. HI. UM, MY HUSBAND AND I PURCHASED THE PROPERTY UNKNOWING THAT WE NEEDED A PERMIT TO DO A SHORT-TERM RENTAL. UM, WE'VE MET WITH THE NEIGHBORS AND THEY'RE IN AGREEMENT AS FAR AS THE NEIGHBORS ON THE ACTUAL PROPERTY OF THE FOUR UNITS. UM, ONE OF THEM IS, UH, THEY LIVE THERE HALF THE TIME AND THEY'RE GONE HALF THE TIME. SO WE WERE HOPING THAT THAT WOULDN'T BE AN ISSUE WITH US. UM, NOW THAT WE KNOW THIS INFORMATION, OF COURSE, MOVING FORWARD, WE WILL DEFINITELY RESEARCH, UM, ABOUT SHORT-TERM RENTALS IN THE AREA, BUT FOR NOW, IT'S IMPORTANT TO US TO GO AHEAD AND GET THAT. IS THERE ANY QUESTIONS? WELL, WE'RE, UH, IF YOU COULD PLEASE, UH, TAKE A SEAT. WHAT WE'RE GONNA DO IS SEE IF THERE'S ANY PUBLIC COMMENTARY OR PEOPLE SIGN UP TO SPEAK AND THEN WE'LL CALL YOU BACK UP FOR I APPRECIATE THAT. THANK YOU. NO PROBLEM. STEPH, IS THERE ANYONE SIGNED UP TO SPEAK? NO SIGN. NO ONE SIGNED UP TO SPEAK AND NO VOICEMAILS. OKAY. WELL THEN IF, UH, MISS AL, IF YOU CAN COME BACK UP, UH, WE DIDN'T HAVE ANYBODY SIGN UP TO SPEAK, SO WE WE'LL OPEN IT UP TO QUESTIONS. I I HAVE A QUESTION. YES. ALL RIGHT. UH, COMMISSIONER KAPLAN? YEAH, UH, THIS IS FOR THE OWNER. WHY IS IT NECESSARY TO DO A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL? UM, ORIGINALLY, UM, WE HADN'T, MY HUSBAND AND I DIDN'T THINK OF DOING A LONG-TERM RENTAL. NOW WE'RE, UM, THINKING ABOUT IT OBVIOUSLY BECAUSE OF THE SITUATION. UM, I DO LIVE IN SAN ANTONIO, SO IT'S EASY FOR ME ALSO TO CHECK UP ON THE AREA, IN THE AREA IN THE, UH, FACILITY. SO THAT WOULDN'T BE A PROBLEM FOR US ALSO. SO, SO YOU CAN, UM, DO IT, IT'S BASICALLY A FINANCIAL REASON NOT TO DO LONG-TERM VERSUS SHORT-TERM. YES, MA'AM. ANY ADDITIONAL QUESTIONS? COMMISSIONER KAPLAN? UH, HER AUDIO CUT OUT. MS. KAPLAN, CAN YOU MAKE SURE TO UNMUTE? OKAY. WE, WE CAN'T SEEM TO HEAR YOU. CAN YOU HEAR ME NOW? YES. NO. OH, YOU CAN. OH, SORRY. I'M DOING THE WRONG THING. UH, I'M FINISHED. OKAY, THANK YOU. UH, ANY OTHER COMMISSIONER QUESTIONS? CRUZ? COMMISSIONER CRUZ? UM, THE OTHER TWO PROPERTIES THAT ARE CURRENTLY SHORT TERM, UH, RENTALS, THOSE ALL BELONG TO YOU ALSO, MA'AM? NO, THEY, UM, ARE INDEPENDENTLY OWNED. ONE FAMILY ACTUALLY LIVES IN AUSTIN, SO THEY DON'T LIVE THERE AT ALL. AND, UM, THE OTHER, LIKE I SAID, IS HALF YEAR. OKAY. SO THE NEW BUILDINGS THAT WERE PUT UP THE ARE IN, ARE THOSE YOURS OR, OR THEY'RE ALL DIFFERENT OWNERS. DIFFERENT OWNERS. OKAY. TWO 30, LUCAS STREET IS ONLY OURS. OKAY. THAT'S WHAT I WANTED TO MAKE SURE. THANK YOU. THANK YOU. OKAY, SO NOW I HAVE A QUESTION. UM, WE'RE, I'M LOOKING AT TWO DIFFERENT BUILDINGS AND THE SUBJECT PROPERTY IS, IS TWO 30 LUCAS, BUT IS THERE FOUR INDEPENDENT OWNERS OF THESE BUILDINGS? EXACTLY. OKAY, SO YOU'RE ONLY HERE FOR ONE FOURTH OF IT'S 1 0 2 UNIT 1 0 2 1 2. OKAY. JUST WANNA MAKE SURE WE'RE CLEAR ON THAT. ALL RIGHT. ANY OTHER QUESTIONS? ALL RIGHT, I'LL HAVE ANOTHER QUESTION FOR YOU. SO THERE SEEMED TO BE A NUMBER OF PEOPLE AGAINST THIS. DID YOU TAKE ANY TIME TO REALLY TALK TO THEM AND FIGURE OUT WHAT THE, WHAT THE MAIN ISSUE WAS? ARE THEY JUST AGAINST STS ALTOGETHER? I KNOW THAT THERE'S A LOT OF RESIDENTIAL HOMES THAT ARE GENERATIONAL. THEY'VE BEEN THERE FOR SOME TIME AND PERHAPS THEY'RE, UM, A LITTLE SCARED OF THE CHANGE. BUT I DO APPRECIATE THAT THE AREA IS UP AND COMING AND PLACES LIKE MINE AND THE NEWER ONES ARE MORE TOURIST GEN, TOURISM GENERATED, UM, HELPING TO BEAUTIFY THE NEIGHBORHOOD. AND, UM, I, I, I THINK THAT THAT'S WHERE THERE'S A DIFFERENCE IN MINDSET. OKAY. HOW MANY PARKING SPACES ARE IN THE REAR? I HAVE TWO FOR MYSELF. AND, UM, THE UNITS IN FRONT OF ME EACH HAVE ONE, AND THE ONE DIRECTLY ON THE SIDE OF ME IS HOUSE ALSO HAS TWO. OKAY. THANK YOU MINKA. COMMISSIONER MINKA, UH, I HAVE A QUESTION REGARDING THE NEIGHBORHOOD ASSOCIATION. WAS THE NOTIFICATION TO THEM LATE OR YOU NEVER GOT A RESPONSE OR YOU NEVER FOLLOWED UP WITH THEM? I NEVER GOT A RESPONSE FROM THEM. YOU, DID YOU FOLLOW UP [00:50:01] WITH 'EM? YES, AND MY NEIGHBOR DID AS WELL FOR THEIR SITUATION AS WELL, AND THEY DIDN'T GET A RESPONSE. OKAY. ANYONE ELSE? ALL RIGHT. HEARING NONE. UM, IF YOU'D LIKE TO PROVIDE ANY CLOSING REMARKS BEFORE WE, UH, DELIBERATE? NO, I'M FINE. THANK YOU VERY MUCH. THANK YOU. SO IF THERE'S A COMMISSIONER WHO'D LIKE TO MAKE A MOTION ON THIS CASE. MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 1 1 0 3 0 0 1 8 5. I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO THE, TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 2 3 0 LUCAS STREET, APPLICANT BEING, UH, LISA VIAL BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT REQUEST TO OPERATE A SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE. THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY, BE THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THE BOARD FINDS THAT THERE ARE TOTAL OF 11 RESIDENTIAL UNITS ON THIS BLOCK FACE, AND THE SPECIAL EXCEPTION WOULD PERMIT A TOTAL OF THREE TYPE TWO, UH, SHORT-TERM RENTALS RESULTING IN 27.3% OF THE BLOCK FACE. THIS PERCENTAGE IS NOT MUCH GREATER THAN WHAT IS PERMITTED AND WITH THE APPLICANT RESIDING WITHIN SAN ANTONIO, THIS PROVIDES REASON TO BELIEVE A PUBLIC NUISANCE SEEMS UNLIKELY TO BE CREATED. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY RESIDENCES AND MULTIFAMILY, AND THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO THE COMMERCIAL CORRIDOR OF NORTH BRAUNFELS AVENUE AND BROADWAY STREET. THE APPLICANT WILL ALSO RESIDE ON THE PROPERTY FOR LIMITED AMOUNTS OF TIMES. THIS UNIQUE SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES AS A TYPE TWO SHORT-TERM RENTAL. D, ADEQUATE UTILITIES ACCESS, ROAD STORM, DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING, APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR OWNER OF THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES, CONFIRMS CITATIONS OR, UH, AGITATED UH, OFFENSES. CONVICTIONS, UH, FOR VIOLATIONS OF CHAPTER 16, ARTICLE, UH, 12 OR NO 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION. THE APPLICANT CURRENTLY DOES NOT HAVE, DOES NOT CURRENTLY HOLD A SHORT-TERM RENTAL PERMIT AND DOES NOT HAVE ANY OTHER HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 F. THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION SOUGHT. THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO COMMERCIAL, RECREATIONAL, AND OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PROVIDING AUST STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTIES. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, UM, AND THE LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION AND THE MOTION. ALRIGHT, IS THERE A SECOND? THIEL? COMMISSIONER THIEL HAS A SECOND. COMMISSIONER MANNA, PLEASE LEAD THE DISCUSSION. SO, UM, AS I LOOKED THROUGH THE COMMUNITY, I SEE THAT THERE'S ACTUALLY QUITE A FEW SHORT-TERM RENTALS. UM, UM, I'D SAY WITHIN LIKE, UH, WITHIN THE, THE BLACK AREAS, UH, THERE. AND SO, UM, THAT, AND BECAUSE THERE'S ALREADY TWO ON THIS PARTICULAR PROPERTY, UH, I WILL NOT BE PHONING IN FAVOR OF THIS, UM, MOTION COMMISSIONER THIEL. I WILL BE IN SUPPORT OF THIS. UH, I THINK I'M, I THINK PROPERTY RIGHTS ARE IMPORTANT. I ALSO THINK, UH, BUILDINGS WITH THIS SORT OF DENSITY PER LOT, UH, LEND THEMSELVES TOWARDS BEING RENTAL UNITS, WHETHER OR NOT THAT BE SHORT TERM OR LONG TERM, AND THEREFORE I'LL BE IN SUPPORT. IS THERE ANYONE ELSE WHO'D LIKE TO ADD KAPLAN? COMMISSIONER KAPLAN? I, I AM NOT FOR THIS EITHER BECAUSE I DON'T THINK THERE'S AN UNNECESSARY FINANCIAL HARDSHIP. SHE'S STILL ABLE TO RENT THIS OUT. YOU WON'T MAKE AS MUCH MONEY, BUT YOU STILL CAN UTILIZE YOUR PROPERTY. ALL RIGHT, THANK YOU. ANYONE ELSE? YES, ALBERT? UH, COMMISSIONER ALBERT? YEAH, I WON'T BE IN SUPPORT OF THIS APPLICATION. UH, THIS IS ONE CODE THAT THE CITY HAMMERED OUT WITH ALL THE STAKEHOLDERS INVOLVED. UH, TOOK INTO ACCOUNT EVERYBODY'S THOUGHTS AND NEEDS, INCLUDING THE HOUSING SITUATION HERE IN SAN ANTONIO. SO I THINK TWO IS ALREADY ENOUGH FOR THIS BLOCK. ALL RIGHT, ANYONE ELSE? HEARING NONE? STAFF PLEASE TAKE A ROLL CALL VOTE. MS. KAPLAN. I AM NOT IN FAVOR OF THESE, OF THIS, UH, PROPOSAL. MR. ALBERT. I DO NOT CONCUR. MR. MANCHACA. I DO NOT CONCUR. MR. VASQUEZ. I DO NOT CONCUR. MS. CRUZ. [00:55:01] I DO NOT CONCUR. MR. MANA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. ZUNIGA. I DO NOT CONCUR. MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT. MS. INGLES. I CONCUR WITH THE FINDINGS OF FACT, UM, CHAIR ORIAN AND I DO NOT CONCUR WITH THE FINDINGS OF FACT. MOTION FAILS EIGHT TO TWO. SO IF YOU CAN FOR THE APPLICANT, IF YOU CAN GET WITH STAFF, THEY'LL TALK TO YOU ABOUT YOUR NEXT STEPS. NEXT CASE PLEASE. ITEM NUMBER FIVE IS CASE BO O A DASH 21 DASH 1 0 3 0 180 1. LOCATED AT 7 4 7 7 DRACO LEAP WITHIN COUNSEL DISTRICT FOUR, THE APPLICANT BEING MINERVA ARD. UM, THIS IS A REQUEST FOR A TWO FOOT SPECIAL EXEMPTION FROM THE MAXIMUM SIX FOOT REQUIREMENT TO ALLOW AN EIGHT FOOT SOLID FENCE ALONG THE SIDE PROPERTY LINE. I'LL GO BACK TO IT. I FORGOT TO GO. IS THE ADDRESS 7 4 4 7 OR SEVEN FOUR. SEVEN SEVEN? YES. I'M SORRY. IT'S 7 4 4 7 DRACO LEAP. UM, THE PROPERTY IS OWNED. R FIVE SINGLE FAMILY RESIDENTIAL DISTRICT. OKAY, THE SUBJECT PROPERTY IS LOCATED ALONG DRACO LEAP. THE APPLICANT BEGAN TO CONSTRUCT A WOOD PRIVACY FENCE ALONG THE SIDE PROPERTY LINE WITHOUT OBTAINING A PERMIT. UPON THE SITE VISIT CONDUCTED BY STAFF, UM, THE HEIGHT, HEIGHT MEASURED TO BE EIGHT FEET. UH, THE FENCE MEASURED TO BE EIGHT FEET. THE MAXIMUM HEIGHT PERMITTED IS A SIX FOOT, UH, SIDE FENCE. STAFF DID NOT OBSERVE ANY ABNORMAL PHYSICAL FEATURES SUCH AS A SLOPE ON THE PROPERTY. AND THEN THIS IS THE COPY OF THE SITE PLAN, UM, PROVIDED BY THE APPLICANT. YOU'LL SEE THAT THE EIGHT FOOT FENCE IS JUST ON THE SIDE. THIS IS THE FRONT OF THE SUBJECT PROPERTY. AND, UM, THE NEW EIGHT FOOT WOOD PRIVACY FENCE TO THE SIDE. AS YOU CAN SEE, THERE ARE NO ELEVATION OR SLOPE CHANGES PRESENT ON THE REAR YARD. A MEASUREMENT, UM, OF THE FENCE WAS EIGHT FEET AT NIGHT. AND HERE'S ANOTHER VIEW OF THE MEASUREMENT TAKEN AND THE SIDE VIEW FACING, UM, THE NEIGHBORING PROPERTY AND THE FRONT SIDE VIEW OF THE NEW FENCE AND SURROUNDING AREA. UM, WE DID NOT OBSERVE ANY EIGHT FOOT FENCES IN THE, UH, SURROUNDING PROPERTIES. STAFF RECOMMEND RECOMMENDS NILE AND BO O A 21 1 0 3 0 0 180 1 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE EIGHT WOOD WOOD PRIVACY FENCE WAS CONSTRUCTED ON THE SIDE PROPERTY LINE WITH AN ISSUED SIX FOOT FENCE PERMIT. AND THE PROPERTY DOES NOT INCLUDE ANY ABNORMAL PHYSICAL FEATURES SUCH AS A CHANGE IN ELEVATION OR SLOPE. 39 NOTICES WERE MAILED. ZERO IN FAVOR, ZERO IN OPPOSITION. NO RESPONSE FROM PEOPLE ACTIVE IN COMMUNITY EFFORT. CEL RIDGE, H O A IS OPPOSED. AND THIS CONCLUDES STAFF PRESENTATION AND STAFFS AVAILABLE FOR QUESTIONS. ALL RIGHT, THANK YOU VERY MUCH. IS THE APPLICANT PRESENT OKAY. OPPOSED TO YES, . OKAY. IF YOU COULD PLEASE HAVE, UH, THE APPLICANT STATE THEIR NAME AND ADDRESS FOR THE RECORD IS SEVEN MM-HMM. ? MM-HMM. . MM-HMM. , PLEASE PROCEED WITH, UH, HER PRESENTATION. MM-HMM. , OH, NO, NO, NO. OH, I'M SORRY. MM-HMM. . OH, MM-HMM. . MM-HMM. . [01:00:02] WHAT'S THE REASON THAT I DID THIS? WHAT IS THE OH NO, SHE CAN, UH, SHE CAN PRESENT HER, HER, HER CASE. UM, SO THE ONLY REASON CAN ADD, ADD TO THE DEFENSE IS BECAUSE, UM, FIRST I ASKED TO, THE, UH, ASSOCIATION IS APPROVED ALREADY FOR ASSOCIATIONS, UM, UM, BECAUSE THIS IS, UH, IS UNEVEN GROUND, UH, GROUND. AND SHE HAS TO SPEAK INTO THE MICROPHONE, PLEASE. OKAY. I HAVE ANXIETY. I'M SORRY. OKAY. YOU, YOU CAN, THE QUESTION, WHAT IS THE QUESTION? WELL, YOU HAVE, WE'RE, WE'RE WANTING TO HEAR FROM YOU JUST TO HEAR WHY, UH, YOU NEED AN EIGHT FOOT FENCE. UM, WHY IT'S IMPORTANT TO HAVE ON YOUR HARDSHIPS. YEAH, BECAUSE IT'S A LITTLE, A LITTLE UNEVEN. AND MY, I HAVE MY SON HAVE A SOCIAL ANXIETY AND THEN I MAKE, BECAUSE THERE'S MORE AND THEN, UH, FOR BOTH NEIGHBORS. AND THEN THE ONLY ASSOCIATION TOLD THIS IS, UH, IT IS NOT, UM, IT'S NOT LIKE, UM, IN, IS NOT, I BELIEVE IT'S NOT A TRUE PROJECT BECAUSE IT'S UNDER MY, MY HOUSE. IT'S A LITTLE IN DEMAND AND YES, IT'S BECAUSE OF PRIVACY ISSUES. MY SON HAS ANXIETY AND THE AREA IS LIKE UNEVEN, LIKE SLOPING DOWNWARDS ASSOCIATION. AND SO I ASKED THE OWNERS' ASSOCIATION, HE BELIEVED IT'S NOT A DISTRIBUTOR PROJECT AND THEY BELIEVED, THEY SAID THEY BELIEVED IT WAS NOT A DISTRIBUTED PROJECT. MM-HMM. A WHAT KIND OF PROJECT? A FENCE. FENCE. A FENCE. AND ONLY ONE AREA YOU SEE THERE. WHAT IS IT? THE FENCE? THE ONE, ONLY ONE. ONE THE ONLY, THE ONLY THE THE, IT'S ONLY WHERE THE, THE FENCE WILL BE ONLY IN THE AREA THAT'S UNEVEN. MR. CHAIRMAN? YES. CAN, UH, WE SEE THE PICTURE OF WHERE THE WALL IS. SURE. BUT THE INCLINE, YEAH. DO YOU HAVE ANY PICTURES THAT MIGHT REFLECT THE INCLINE STAFF THAT YOU CAN PRO POSSIBLY SHOW OR, I'M GONNA GO AHEAD AND JUST ASK SOME QUESTIONS. UH, AT THIS TIME, UH, CAN YOU PLEASE ASK THE APPLICANT HOW MUCH OF AN, HOW MUCH OF A GRADE DROP OR AN INCLINE IS THERE? UH, NOT, I DON'T KNOW. I DON'T KNOW WHAT THE SPACE IS. WELL, FROM THE, FROM THE FRONT TO THE BACK, HOW MUCH DOES THE PROPERTY SLOPE DOWN? YOU CAN SEE WHAT I DID WAS THE FENCE OF EIGHT, BUT WHAT YOU CAN SEE 2, 2, 2 MORE. THAT'S IT. TWO MORE. THAT'S IT. OKAY. SO, AND, AND, AND WAS THERE ANY INTENT TO HAVE THE REAR OR THE O OTHER SIDE OF THE HOME TO HAVE AN EIGHT FOOT FENCE? NO. NO. SO THE, THE, I JUST WANNA MAKE SURE OUR COMMISSION IS CLEAR THAT, THAT IT IS THE APPLICANT'S STATEMENT THAT IT'S ELEVATION CHANGES THAT ARE THE REASON WHY ONLY THIS SIDE NEEDS AN EIGHT FOOT FENCE. OR IS THERE ANY OTHER TANGIBLE REASON THAT, THAT WE NEED TO KNOW ABOUT THE NEIGHBORS OVER THERE? THEY HAVE THEIR PARTIES AND ELS MORE PRIVACY FOR ME, FOR MY SON, AND ALSO MORE PRIVACY FOR ME AND FOR MY SON BECAUSE HE HAS ANXIETY. OKAY. HE HAS SOCIAL ANXIETY. AND THE OTHER REASON IS ALSO BECAUSE THEIR NA THEIR GRANDCHILDREN ALSO COME TO PLAY. AND THEN SOMETIMES THEIR TOYS BRING TO MY BACKYARD AND SOMETIMES THEY THROW THEIR TOYS INTO MY BACKYARD AND MORE FOR THEM, YOU KNOW, FOR THE KIDS FOR, AND SO IT'S ALSO MORE PRIVATE FOR THEIR, UH, THEIR GRANDCHILDREN. OKAY. UH, I'M GOING TO, I'M, I'M DOING THIS OUT OF ORDER A LITTLE BIT. SO I'M GONNA OPEN THIS UP FOR ANY [01:05:01] OTHER COMMISSIONERS WHO MAY HAVE ANY QUESTIONS. IS THERE ANY OTHER COMMISSIONERS WHO WOULD LIKE, WHO HAVE A QUESTION? UH, HEARING NONE. OKAY. UH, I, I'M ALSO GOING TO ASK STAFF IF THERE'S ANYONE SIGNED UP TO SPEAK OR IS THERE ANY VOICEMAILS TO BE HEARD? MM-HMM. UH, WE DO HAVE SOMEONE SIGN UP TO SPEAK. OKAY. UH, I'M GONNA ASK THE APPLICANT TO JUST PLEASE TAKE A SEAT AND WE'RE GOING TO HEAR FROM OTHER CITIZENS WHO HAVE SIGNED UP. SO LET'S CALL UP THE FIRST, UH, CITIZEN. UH, WE HAVE ONE PERSON SIGNED UP. CARLOS MARTINEZ. MM-HMM. HELLO, MY NAME'S CARLOS MARTINEZ. I LIVE NEXT DOOR. MY ADDRESS IS 74 51 DRACO LEAF. OKAY, THANK YOU. UH, UH, SHE CAME TO ME, UH, IT WAS SOMETIME LAST YEAR IN MARCH, MARCH 17TH, AROUND THERE ON A THURSDAY AT ABOUT SEVEN O'CLOCK EATING DINNER, SHE CAME AND KNOCKED. SHE SAID SHE WAS GONNA REPLACE THE FENCE. I SAID, WHY? WHAT'S WRONG WITH IT? SHE SAID, BECAUSE THERE WAS THE CRACKS. I GOT THIS FENCE DONE FOUR YEARS AGO. I HAVE A, I HAVE THE ESTIMATE ONLY IT GOT IT DONE FOUR YEARS AGO. WOOD, NATURALLY, YOU KNOW, SHRINKS. SHE'S JUST SMALL, SMALL CRACKS ON IT. SHE SAID SHE WAS GONNA GET IT DONE RIGHT. UM, YOU KNOW, BETTER, WHATEVER THAT SHE WANTED. UH, THOSE METROS. I'M NOT FROM MEXICO. I DON'T KNOW WHAT METROS, HOW BIG THAT IS OR WHAT, AND I SAID, NO, LET ME LOOK INTO IT. THE NEXT MORNING, FRIDAY, I CALLED HER. I SAID, DON'T DO NOTHING YET. LET ME START LOOKING INTO THIS. I WENT TO WORK. BY THE TIME I, I GOT OUT EARLY, I CAME HOME, MY FENCE WAS ALREADY GONE. SHE JUST, YOU KNOW, SHE ALREADY HAD IT, DECIDED SHE WAS GONNA DO THIS. SO I HAVE PICTURES OF THE BEFORE AND AFTER. THERE'S NO, THERE'S NO, UM, DIFFERENCE ON ELEVATIONS IN WHAT I'VE LOOKED UP ON THE CITY. YOU NEED AT LEAST A FOUR FOOT ELEVATION TO DO A FENCE THAT HIGH OR LIVE BEHIND A BUSINESS. IT'S IN A NEIGHBORHOOD. I'VE CALLED MY HOMEOWNER'S ASSOCIATION. APPARENTLY THEY'RE NOT DOING NOTHING ABOUT IT. AND I DO CALL, THEY CAN'T TELL ME NOTHING BECAUSE IT'S HER PROPERTY. I SAID, WELL, YEAH, I'M SHARING THAT FENCE LINE. I PAID HALF FOR THAT FENCE LINE ALSO. AND WHEN SHE SAID ABOUT GRANDKIDS, WE DO HAVE THREE GRANDKIDS, BUT THEY'RE THREE, SEVEN, AND EIGHT. AND THEY'RE USUALLY INSIDE. EVERY ONCE IN A WHILE THEY'RE OUTSIDE, BUT IT'S JUST ME AND MY WIFE. WE DON'T HAVE KIDS. WE DON'T PARTY. I MEAN, I'M A TRUCK DRIVER. I CANNOT BE PARTYING AND STUFF LIKE THAT. WE'RE USUALLY AT HOME QUIET. I'M IN BED BY 8 39. 'CAUSE I GO, I GET UP AT THREE IN THE MORNING. WE DON'T BOTHER HER. IT'S JUST THE FENCE LOOKS HORRIBLE. IT'S CROOKED. I HAVE PICTURES HERE, LIKE I SAID BEFORE AND AFTER. I DON'T KNOW WHY SHE'S HIDING. AND THE FENCE IS ONLY ON MY SIDE. THERE'S NO REASON FOR THAT. I COME OUTSIDE ON MY PORCH, I LOOK TO MY LEFT. I HAVE A GOOD VIEW. LOOK TO MY RIGHT. I SEE A BIG OLD WALL AND IT'S CROOKED. YOU KNOW, IT, IT IS JUST HORRIBLE. I'M OUTSIDE MY PATIO. THERE'S NO BREEZE. I DON'T FEEL THE BREEZE. 'CAUSE HONESTLY THAT FENCE IS, IT'S EIGHT FOOT FENCE. WELL REALLY IT STARTS AT, I WANNA SAY LIKE NINE AND THEN IT GOES DOWN TO EIGHT AND IT'S JUST, IT'S HORRIBLE. IT LOOKS, YES. THAT WAS THE, BEFORE I EVEN WHEN I GOT HOME THAT FRIDAY, I CALLED THE COPS 'CAUSE THE GUYS WERE WORKING ON MY SIDE. I HAVE THE, THE SIDE WHERE I HAVE THE POSE AND STUFF. THEY WERE WORKING ON MY SIDE. I TRIED TO STOP 'EM, BUT POLICE POLICEMAN SAID THERE'S NOTHING YOU CAN DO. SO I JUST, YOU KNOW, THEY SAY THERE'S NOT MUCH I CAN DO ABOUT THIS. BUT THAT'S THE BEFORE, YOU KNOW, IT WAS A NICE, GOOD LOOKING FENCE. THERE'S NOTHING WRONG WITH IT. I HAD IT STAINED. IS THAT A PICTURE FROM INSIDE YOUR BACKYARD, SIR? THAT'S FROM MY BACKYARD. OKAY. SO THE FINISHED SIDE WAS ON YOUR NEIGHBOR'S SIDE? YES. THAT'S FACING HER SIDE, HER HOUSE. NOW THAT'S THE WALL. NOW JUST SAY THAT FENCE WILL CATCH ON FIRE. LOOK HOW CLOSE MY ROOF IS ALSO, YOU KNOW, IT'S A PRETTY TALL FENCE. THERE'S NO NEED FOR THAT. LOOK, YOU CAN SEE BY HER HOUSE. LOOK HOW TALL IT IS. AND THEN IT COMES DOWN AND, AND THE, IS THAT THE POST DOESN'T GO ALL THE WAY UP EITHER? WELL, THE SHORTER ONES, THAT'S THE ORIGINAL FENCE. AND THEN THOSE GUYS CAME AND PUT THOSE, THOSE EIGHT FOOT, UH, FOUR BY FOUR. OKAY. SO WHAT WE'RE GONNA DO IS, UM, SO JUST MAKE SURE WE'RE CLEAR. YOU'RE AGAINST THIS APPLIC. OKAY. SO IS THERE ANY, UH, COMMISSIONER [01:10:01] QUESTIONS, UH, FOR THE CITIZENS SIGN TO SPEAK? THERE'S SOME MORE PICTURES. I KNOW I BROUGHT ANY, NO ONE. OKAY. SO THANK YOU VERY MUCH. UH, WE'RE GONNA GO BACK TO THE APPLICANT FOR QUESTIONS. ALRIGHT. THE APPLICANT COULD PLEASE COME BACK UP. OH, ARE THERE ANY QUESTIONS FROM THE COMMISSION FOR THE APPLICANT? COMMISSIONER MENCHACA, WHEN, UH, WHEN YOU WERE ABOUT TO PUT UP THE FENCE AND YOU STARTED THE FENCE, DID YOU TRY TO GO BACK TO YOUR NEIGHBOR AND SPEAK TO HIM THAT YOU WERE GONNA PROCEED? YES. THE FIRST TIME I SPOKE TO HIM. AND THEN THE FIRST TIME HE SAID YES AND THE NEXT DAY, BECAUSE I TALKED, UH, AND THE NEXT DAY WHEN THE, THE, THE WORK IS COMING AND THEN HE COME IN AND UH, HE CALLED ME AND THEY TOLD ME, WAIT, YOU TOLD ME ALREADY? YES. AND THEN PLUS THE ASSOCIATION MANAGER TOLD ME, YES, YOU CAN DO IT BECAUSE THERE'S NO, I NO BELIEVE IT'S NOT THIS TRUE PROJECT. AND SHE, HER WIFE COMING TO ME AND THEY TOLD ME, SHE, YOU WANNA MAKE THE BILL, YOU HAVE TO PAY ME. BECAUSE SHE TOLD ME SHE PAY FOR THE BUILDING AND THAT'S NOT TRUE BECAUSE I PAY, IT IS COMING FROM THE HOUSE, THE BUILDING. AND THEN SHE LIED TO ME LIKE, YOU KNOW, I'M GONNA PAY YOU. I HAVE TO PAY YOU SEE HOW WE BUILD AND, AND PAYING. I SPEND SO MUCH MONEY IN THE MATERIAL, YOU KNOW, EVERYTHING NICE AND NEAT AND LOOK TO HER. AND, AND SHE SUED ME AND THEN SHE'S GONE. OKAY. THANK YOU. IS THERE ANY OTHER QUESTIONS? OKAY, I HAVE A, A QUESTION. SO YOU, YOU HAD THE FENCE BUILT, UH, WITHOUT APPLYING FOR A PERMIT. IS THAT CORRECT? THE FIRST, YEAH. THE, YEAH, BECAUSE I DON'T KNOW, I, UH, I, YOU KNOW, I DON'T KNOW LO OKAY. I KNOW I, I TALKED TO THE, BEFORE I DID IT, I TALKED TO THE, THE, THE, THE MANAGER, UH, ASSOCIATION. AND THEN, AND THEN HE SAID, YES, YOU CAN DO IT. SO I ASKED HIM SAY, GIMME PERMISS MEO BECAUSE THEY HAVE, YOU KNOW, FOR GO AND BACK AND WORKING. AND HE TOLD ME YES. BUT AFTER THAT HE SAY NO. AND THEN THEY COME AND THEY WANTED ASK ME FOR MONEY. DID DID YOU SUBMIT TO THE HOMEOWNER'S ASSOCIATION FOR PERMISSION? YEAH, I HAVE THE PERMISS. MEO, YES. DO YOU HAVE THAT APPROVAL DOCUMENTATION? YES, I HAVE IT HERE. LET SEE, I CAN'T GIVE IT TO GIVE IT TO STAFF AND YOU CAN PROJECT IT ON THE SCREEN. OKAY, WELL THAT'S FROM THE CITY. DO YOU HAVE, DO YOU HAVE SOMETHING FROM THE H O A? OH, NO, NO. I DON'T HAVE DO NOTHING NEIGHBORS. OKAY. BUT MY NEIGHBOR, MY NEIGHBORS TOLD ME ONE DAY MY NEIGHBORS TOLD ME, AMY VALE. WHAT HAPPENED? THEY SAID WHAT HAPPENED, LADY? ABOUT WHAT? OH, THEY HAVE A LITTLE FRIEND. OH YEAH. LADY . YOU TOO? YEAH, I THINK IT'S EVERYBODY. AND THEN SHE TOLD ME, OH, I TOLD I WOULD LIKE A DUDE TOO. OKAY. WELL THAT'S, YOU'VE ANSWERED MY QUESTIONS. UH, IF THERE'S NOTHING ELSE FROM THE REST OF THE COMMISSION, I'LL OPEN THIS UP TO A MOTION. I, I DON'T HAVE COMPLAINT FOR THE NEIGHBORS, YOU KNOW, AND ONLY THEM THE OTHER ONES. NO, I DUNNO. COMMISSIONER MANNA. SO REGARDING CASE NUMBER BO 8 2 1 1 0 3 0 0 1 8 1. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A TWO FOOT SPECIAL EXCEPTION FOR THE MAXIMUM SIX FOOT EXPENSE HEIGHTS REQUIREMENT TO ALLOW, UH, AN EIGHT FOOT SOLID SCREEN PRIVACY FENCE ALONG THE SIDE PROPERTY LINE SITUATED AT 7 4 4 7 DRACO LEAP. UH, APPLICANT BEING IN MINERVA ARD, UH, BECAUSE A TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY YOU FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C UH, STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR A FENCE HEIGHT, UH, MODIFICATION. THE ADDITIONAL FENCE, TWO FOOT IN HEIGHT IS INTENDED TO PROVIDE ADDITIONAL PRIVACY TO THE PROPERTY. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE [01:15:01] CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. AN EIGHT FOOT PRI WOOD PRIVACY FENCE LOCATED ALONG THE SIDE, PROPERTY LINE DOES NOT POSE AN ADVERSE EFFECT, UH, TO THE PUBLIC WELFARE. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE BOARD FINDS THE FENCE WILL CREATE ADDITIONAL SECURITY FOR THE SUBJECT PROPERTY AND IS UNLIKELY TO INJURE ADJACENT PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL TWO FOOT IN HEIGHT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE PROPOSED FENCE WILL ONLY BE LOCATED ALONG THE SIDE PROPERTY LINE E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS. HEARINGS ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. ALL RIGHT. IS THERE A SECOND? SECOND. ALL RIGHT. UH, SECOND BY COMMISSIONER ZUNIGA. UH, COMMISSIONER MANNA, PLEASE LEAD, LEAD THE DISCUSSION. UM, YES. UM, I WILL NOT BE VOTING IN FAVOR OF THIS. UM, I, UM, THE APPLICANT DID PROVIDE TO ME AN ADEQUATE HARDSHIP WITH REGARDS TO THE, UH, DIFFERENCE IN HEIGHT ELEVATION, UM, AND ALSO, UH, UH, PROVIDED BY THE TESTIMONY OF THE NEIGHBORING THE NEIGHBOR HIMSELF. UM, AND THEN, UM, I THINK THAT, UH, EIGHT FOOT IN THIS NEIGHBORHOOD, UH, DOESN'T APPEAR TO BE APPROPRIATE. I DIDN'T SEE ANY OTHER, UH, HIGH FENCES, UH, AS I GOOGLED DROVE AROUND THE NEIGHBORHOOD. AND I DO SEE OPPOSITION HERE FROM THE, UM, CEL RIDGE HOAS. SO, UH, BECAUSE OF THOSE MOTIONS OR BECAUSE OF THOSE, I WILL BE IN OPPOSED TO THIS MOTION. ALL RIGHT, COMMISSIONER ZUNIGA. OKAY, UH, IF THERE'S ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD, HEARING NONE, STAFF, PLEASE TAKE A ROLL CALL VOTE. MS. KAPLAN. UH, MS. KAPLAN, CAN YOU UNMUTE? I DO NOT CONCUR WITH THE FINDINGS OF FACT, MR. ALBERT. I DO NOT CONCUR. MR. MANCHACA. I DO NOT CONCUR. MR. VASQUEZ. I DO NOT CONCUR. MS. CRUZ. I DO NOT CONCUR. MR. MANA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. ZUNIGA. I DO NOT CONCUR. MR. TEAL. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. INGLES. I DO NOT CONCUR. CHAIR ORIAN AND I ALSO DO NOT CONCUR. A MOTION FAILS, UH, ZERO TO 10. SO IF, IF YOU COULD PLEASE GET WITH THE APPLICANT, UH, IF THE APPLICANT PLEASE GET WITH STAFF, THEY'LL TALK TO HER. TALK ABOUT WHAT THE NEXT STEPS ARE. OKAY, WE'RE GONNA CALL A SEVEN MINUTE BREAK. WE'LL RECONVENE TWO 40. ALL RIGHT, WE'RE GONNA COME BACK FROM BREAK. UH, COMMISSIONER ZUNIGA IS NOT IN THE ROOM. HE IS RECUSING FROM THE NEXT CASE. SO WE ONLY HAVE NINE OUTTA CURIOSITY. IS THE APPLICANT PRESENT? OKAY. I JUST WANTED TO, I WANTED TO LET YOU KNOW THAT WE HAVE NINE COMMISSIONERS FOR THIS CASE. SO THAT MEANS IF ONE PERSON, ONE COMMISSIONER VOTES AGAINST THE MOTION WILL FAIL, WOULD YOU LIKE A CONTINUANCE OR WOULD YOU LIKE TO HAVE YOUR CASE HEARD AT THIS TIME? OKAY. STAFF, IF YOU COULD PLEASE. THERE YOU GO. BO, O A 21. 103 0 0 1 7 6 LOCATED AT 2060, WED WOODLAWN, UH, APPLICANT OR REPRESENTATIVE JOHN DIGS. UM, IT'S A REQUEST FOR A A 15 GOSH FOOT VARIANCE FROM THE 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW AN ADDITION TO BE FIVE FEET FROM THE REAR PROPERTY LINE. AND TWO, A FIVE FOOT VARIANCE FROM THE 10 FOOT REQUIRED SETBACK ADJACENT TO NORTH JOSEPHINE STREET TO ALLOW AN ADDITION TO BE FIVE FEET FROM THE PROPERTY LINE. THE CURRENT ZONING RIGHT NOW IS R FOUR RESIDENTIAL SINGLE FAMILY. THE SUBJECT PROPERTY IS LOCATED ON A CORNER OF WEST WOODLAWN AVENUE AND NORTH JOSEPHINE TOBIN DRIVE. UM, THE PROPERTY CURRENTLY HAS A SINGLE FAMILY STRUCTURE AND WAS ORIGINALLY ADDRESSED OFF NORTH JOSEPHINE DRIVE WHILE IT WAS WAS PREVI. WHILE IT WAS PREVIOUSLY ADDRESSED, THE STRUCTURE WAS BUILT ACCORDING TO THE U D C SETBACK REGULATION. SINCE THEN, THE APPLICANT HAS CHANGED ADDRESS, WHICH HAS SHIFTED THE ORIENTATION OF THE STRUCTURE. CHANGING THE SETBACK REQUIREMENTS. BECAUSE THIS PROPERTY IS ON THE CORNER, NOT ADJACENT TO HOMES WITH FRONTAGE ON NORTH JOSEPHINE STREET, THE PROPERTY MUST COMPLY WITH THE REVERSE CORNER [01:20:01] LOT REQUIREMENT THAT THE SETBACK ADJACENT, ADJACENT TO THE STREET SHALL BE AT LEAST EQUAL TO THE FRONT. SETBACK REQUIRED FOR THE IMMEDIATE ADJACENT TO THE REAR FOR THE LINE, IMMEDIATE ADJACENT TO THE REAR. GOT THE SIDE PLAN, THE SUBJECT PROPERTY ITSELF, STREET VIEW, UH, SETBACK SIDE OF THE SUBJECT PROPERTY, MORE OF THE SIDE OF THE SUBJECT PROPERTY, A SIDE VIEW FROM THE STREET, ANOTHER SIDE VIEW FROM THE STREET, ANOTHER ONE STREET AND SURROUNDING AREA SURROUNDING VIEW AND MORE VIEWS. RECOMMENDATION FOR THE SIDE PROPERTY SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BO 8 21. 1 0 3 0 0 1 7 6 BASED ON THE FOLLOWING FINDINGS OF FACT, THE HOME WAS BUILT WITH THE ORIGINAL ADDRESS WITH THE STREET NAME OF NORTH JOSEPHINE TOBIN DRIVE, AND THE STRUCTURE WILL NOT NEGATIVELY AFFECT NEIGHBORING PROPERTIES. AND 25 NOTICES WERE MAILED. ZERO IN FAVOR, ZERO OPPOSITION, AND NO RESPONSE FROM WOODLAWN LAKE COMMUNITY ASSOCIATION. ALL RIGHT, THANK YOU. GOOD STAFF. IS THERE ANYONE SIDED TO SPEAK? YEAH. AND, UM, WHAT, WHAT'S THAT? THE APPLICANT. OKAY. NO, I KNOW, BUT I'M, I'M JUST CURIOUS, HAS ANYONE SIGNED TO SPEAK? OKAY, I HAVE A, A QUESTION FOR STAFF FROM COMMISSIONER THIEL. UH, YES. UH, JUST TO BE CLEAR, THE HOUSE HASN'T MOVED, THE FOOTPRINT HASN'T CHANGED. SIMPLY THE READDRESSING IS WHAT ENACTED THIS, THE, THE ZONING REQUIREMENT, CORRECT? YES. THANK YOU. THANK YOU. UH, WILL THE APPLICANT PLEASE COME FORWARD? HI, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN BEGIN YOUR PRESENTATION. HI, MY NAME IS ANNA WATSON, UH, 23 0 3 9 ELDER LANE, SAN ANTONIO, 7 8 2 6 0. I'M HERE IN REPRESENTATION OF JOHN DIX. CAN YOU HIT THE BUTTON ON THE MIC? TURN IT OFF THERE. IT SHOULD BE ON. OKAY. SORRY. SHOULD I STATE MY NAME AGAIN? ANNA WATSON. I LIVE IN 2 3 0 3 9 AL LANE, SAN ANTONIO, 7 8 2 6 0. I'M REPRESENTING JOHN DIX IN HIS PROPERTY OF A 20 20 60 WEST WOODLAWN AVENUE. HE'S REQUESTING FOR A COVER PORCH ON THE BACKSIDE, WHICH IT IS CURRENTLY RIGHT NOW, THE BACKSIDE OF HIS HOUSE. HIS HOUSE IS ABOUT THREE TO FOUR FEET ON THE, FROM THE BACK PROPERTY. AND WE ARE REQUESTING A FIVE FOOT VARIANCE SO THAT HE CAN BE CLOSE TO THE, UH, BACK ENTRANCE TO THE HOUSE. SO HE HAS SOME COVER FOR HIS KIDS TO PLAY OUTSIDE WHEN THE WEATHER, IT'S, YOU KNOW, KNOW HOT IN TEXAS AND EVERYTHING. SO, UH, THE REASONS WHY WE ALSO WANT IT ON THE BACK, NOT ONLY THAT WILL BE ATTACHED TO THE HOUSE AND WE'LL BE FURTHER FROM THE SIDE PROPERTY OF THE ORIGINAL HOUSE. NOW ALSO, WE HAVE SOME TREES THAT WE WANNA MAINTAIN, SO WE WANNA CAVE AWAY FROM THOSE AND NOT BEING IN THE WOODLAND, WHICH IS A MORE TRAFFIC AREA, AND BEING IN THE JOSEPHINE WHERE THEY CAN HAVE VIEWS TOWARDS LAKE AND PEOPLE RUN, IT'S MORE OF LIKE A NICE VIEW FOR THE FAMILY TO HANG OUT. YEAH. OKAY. THANK YOU. UM, I JUST HAVE A QUICK QUESTION. UH, THE ADDRESS CHANGED. DOES, IS THAT SOMETHING THAT, THAT THE APP THAT THE HOMEOWNER DID ON COMPLETELY ON THEIR OWN, OR WAS IT DRIVEN BY ANY OTHER REASON? NO, HE DIDN'T. WHEN HE BOUGHT IT WAS LIKE THAT. HE DIDN'T, WE FOUND OUT THAT IT WAS A DIFFERENT ADDRESS WHEN I CAME TO PRESENT THE, OKAY. THANK YOU. ANY, ANY QUESTIONS BY COMMISSIONERS? YES. UH, COMMISSIONER JUN, UH, THE ADDRESS FROM JOSEPHINE'S? SO THE BACKSIDE IS TOWARD THE, UM, THE, THE TOBIN DRIVE. SO YES, THE JOSEPHINE TOBIN WILL BE THE BACKSIDE OF THE, NO, THE HOUSE THAT JOSEPHINE, IT'S KIND OF CAR CORNER BECAUSE THE STREET GOES IN AN ANGLE. SO YEAH, IT'S A REVERSE CORNER. AND WHEN DID, WHEN DID THE ADDRESS CHANGE HAPPEN? I'M JUST CURIOUS. UM, SO JUST TO CLARIFY, THIS PROPERTY HAS ALWAYS HAD A REVERSE CORNER, WHETHER IT'S ADDRESSED ON ONE OR THE OTHER. UM, BUT I, IT PROBABLY WAS WITHIN, UM, THE TIME THAT THEY'RE SUBMITTING FOR THIS BUILDING PERMIT. UM, BECAUSE USUALLY WHAT HAPPENS IS DURING THE BUILDING PERMIT PROCESS, WE CONFIRM ADDRESSES, AND THAT MAY HAVE BEEN THE TIME THAT THEY ARE SUBMITTING FOR, UM, A NEW ADDRESS. BUT, UH, KAYLA'S GONNA PULL UP WHEN THE APPLICATION [01:25:01] HAS BEEN FILED. I'M JUST TRYING TO FIGURE OUT LIKE WHY ANYBODY WOULD JUST WANT A NEW ADDRESS. IT HAPPENS FOR RESIDENTIAL, IT EVEN HAPPENS FOR COMMERCIAL PROPERTIES, JUST ACCESS OR WHERE THEY BELIEVE THAT THEY SHOULD HAVE FOR RESIDENTIAL HOMES. THEY CAN, THEY CAN, UH, DICTATE WHICH STREET THAT THEY WANT TO BE ADDRESSED OFF OF, UNLESS THERE'S OTHERS A CODE REQUIREMENT LIKE AN N C D OR HISTORIC DISTRICT THAT DOESN'T ALLOW FOR THAT. BUT IN THIS CASE, THE N C D DOES NOT STATE THAT IT HAS TO BE, BUT THEY ARE TWO MAJOR STREETS. OKAY, THANK YOU, KAPLAN. MAY I MAKE A QUE UH, QUESTION? YES. COMMISSIONER KAPLAN QUESTION. OKAY. UH, SO I JUST WANT CLARIFICATION. IF YOU HAD HAD THE OLD ADDRESS, WOULD YOU NEED THIS VARIANCE? IT'S, I, IT'S VERY HARD FOR ME TO SEE, UM, THINGS. WELL, INSTEAD OF BEING AT 20 F UH, INSTEAD OF BEING 20 FOOT IN THE BACK, IT WOULD HAVE BEEN 10 FEET. SO IT, IT WILL STILL BE VARIANCE LESS, BUT IT WILL BE LESS. UH, COMMISSIONER KAPLAN STAFF HAD, UH, REMARKED DURING THEIR PRESENTATION THAT, UM, HAD THE ADDRESS NOT CHANGED, THAT THERE WAS, THERE WOULD BE NO U D C VIOLATIONS. THANK YOU. YEAH. YOU'RE, YOU'RE ASKING ABOUT U D C REQUIREMENTS? YEAH. WELL, STEPH PRESENTED THAT THE ONLY REASON WHY THIS CASE IS EVEN BEFORE IS, IS BECAUSE THE APP, THE ADDRESS CHANGED. IF IT KEPT THE PREVIOUS ADDRESS OFF OF JOSEPHINE TOBIN, THAT THERE WOULD BE NO ISSUE AT ALL. IS THAT NOT TRUE? OKAY. THAT, THAT'S APPLICABLE ONLY TO THE REAR SETBACK. OKAY, BUT THE BUT THE FRONT SETBACK, YES, BECAUSE THEY WANT IT TO BE AS CLOSE AS FIVE FEET TO THE PROPERTY LINE. OKAY. SO COMMISSIONER KAPLAN, THE, SO IT WAS JUST THE FRONT SETBACK. THAT WAS THE CHANGE. THANK YOU. THANK YOU. UH, ANY OTHER QUESTIONS? MANNA? COMMISSIONER MANNA? SO, SO FOR THE STRUCTURE, UM, WHERE IS THE PARKING, UH, NORMALLY DONE? UH, FOR THIS, FOR THIS HOME? UH, I'M SORRY. UH, THE PARKING OF THE PROPERTY? YES. WHERE DO YOU, WHERE DOES, WHERE IT'S IN WOODLAWN SIDE, SO, SO ON WOODLAWN ITSELF THE OPPOSITE. IN THE OPPOSITE? YEAH. BY ITSELF IT'S ON THE OPPOSITE IN THE RIGHT SIDE, AS SHOWN IN THE, IT SAYS A CONCRETE DRIVE. THAT'S IT. OKAY, THANK YOU. OKAY, ANY OTHER QUESTIONS? OKAY, HEARING NONE. UM, MA'AM, WHAT WE'RE GONNA DO NOW IS, UH, DELIBERATE. OKAY. SO IF YOU COULD PLEASE TAKE A SEAT. I'M LOOKING FOR A MOTION FROM A COMMISSIONER THIEL COMMISSIONER THIEL, REGARDING CASE NUMBER BOA DASH 21 DASH 0 3 0 0 1 76. I MOVED TO THE BOARD OF ADJUSTMENT REQUEST. ONE, A 15 FOOT VARIANCE FROM THE 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW, IN ADDITION TO BE FIVE FOOT FROM THE REAR PROPERTY LINE. AND TWO, A FIVE FOOT VARIANCE FROM THE 10 FOOT REQUIRED SETBACK ADJACENT TO NORTH JOSEPHINE STREET TO ALLOW, IN ADDITION TO BE FIVE FOOT FROM THE PROPERTY LINE SITUATED AT 2060 WEST WOODLAWN AVENUE, APPLICANT BEING JOHN DIGGS. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY AS 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 REQUESTED VARIANCES DO NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST AS THERE'S A CURVE ALONG NORTH JOSEPHINE STREET, WHICH HAS CREATED STAGGERING SETBACKS FOR THE LOTS ALONG THAT STREET. TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP. BY IMPOSING A LITERAL ENFORCEMENT, THE OWNER WOULD HAVE AN ULTIMATELY STOP ANY FURTHER PROPOSED DEVELOPMENT ON THE STRUCTURE. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE SETBACK IS TO PREVENT SUFFICIENT SPACE BETWEEN STRUCTURE AND NEIGHBORING PROPERTY LINES. THERE IS SUFFICIENT SPACE BETWEEN THE PROPERTIES AND STRUCTURES FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER IN THOSE USES, SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST FOR A 15 FOOT VARIANCE FROM THE 20 FOOT REAR SETBACK REQUIREMENT AND A FIVE FOOT VARIANCE FROM THE 10 FOOT REQUIRED SETBACK ADJACENT TO NORTH JOSEPHINE STREET, DO NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THEIR PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, WERE NOT MERELY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICTS IN WHICH THE PROPERTY IS LOCATED. [01:30:01] THE BOARD FINDS THAT THE PLY TO THE PROPERTY OWNER IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO THE ADDRESS CHANGE AND CAUSING STRUCTURE TO ABIDE TO A REVER, EXCUSE ME, A REVERSE CORNER, LOT SETBACKS AND NOT MERE AND IS NOT MERELY FINANCIAL END OF MOTION. SECOND. HAVE A SECOND BY COMMISSIONER CRUZ. UH, COMMISSIONER THIEL, PLEASE LEAD THE DISCUSSION. UH, I'LL BE IN SUPPORT OF THIS, UH, AFTER MY QUESTION TO STAFF ABOUT WHETHER IT'S JUST THE ADDRESSING THAT CONNECTED THESE SETBACKS. NOTHING'S CHANGING HERE. UM, SO I WILL BE IN SUPPORT. THANK YOU. COMMISSIONER CRUZ? YES, I WILL BE IN SUPPORT OF THIS, UH, SINCE IT IS A CORNER LOT AND I DON'T SEE ANY PROBLEMS WITH, UH, HAVE HAVING THAT EXTRA, UH, ATTACHMENT TO THE PROPERTY. THANK YOU. THANK YOU. UH, ANYONE ELSE LIKE TO ADD HEARING NONE? STAFF, PLEASE TAKE A ROLL CALL. VOTE MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MR. MANCHACA. I CONCUR. MR. VAZQUEZ. I CONCUR. MS. CRUZ. I CONCUR. MR. MANA. I CONCUR WITH THE FINDINGS OF FACT. UH, MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT. MS. INGLES. I CONCUR. CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES NINE TO ZERO. YOU CAN GET WITH STAFF IF YOU HAVE ANY QUESTIONS. ALL RIGHT. IF SOMEONE COULD GO GET COMMISSIONER ZUNIGA, THAT'D BE APPRECIATED. PLEASE NOTE THE TIME IS 2 58 AND COMMISSIONER ZUNIGA HAS RETURNED. STAFF. IF YOU CAN START THE NEXT PRESENTATION PLEASE. AGENDA ITEM NUMBER SEVEN B O A CASE. CASE BOE 21 DASH 1 0 3 0 0 1 77. ADDRESS IS 5 0 5 6 VIKING CORAL STREET CITY COUNCIL DISTRICT NUMBER TWO. APPLICANT IS A CLARISSA BODO, UH, REQUEST FOR A SIX FOOT SEVEN INCH VARIANCE FROM THE 10 FOOT MINIMUM FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE THREE FEET FIVE INCHES FROM THE FRONT PROPERTY LINE. CURRENT ZONE RESIDENTIAL SINGLE FAMILY CASE SUMMARY. SUBJECT PROPERTY IS LOCATED ALONG VIKING CORAL STREET AND CURRENTLY HAS A SINGLE FAMILY RESIDENCE BUILT ON THE PROPERTY. APPLICANT IS REQUESTING A SIX FOOT SEVEN INCH VARIANCE FROM THE 10 FOOT MINIMUM FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE THREE FEET FIVE INCHES FROM THE FRONT PROPERTY LINE. UPON SITE VISIT. STAFF OBSERVED THAT THERE WERE NO OTHER CARPORTS IN THE IMMEDIATE AREA AND THE HOUSE SITS ALONG WHERE THERE IS A CURVATURE IN THE CITY BLOCK, MAKING ONE SIDE OF THE CARPORT CLOSER TO THE PROPERTY LINE THAN THE OTHER. SO THE POSTERS ARE OFF BY, I DON'T KNOW, FIVE OR SIX INCHES. UH, THIS IS GONNA BE THE, UH, SITE PLAN FOR THE CARPORT SUBJECT PROPERTY SIDE OF THE STRUCTURE STRUCTURE ITSELF. IT'S, UH, ATTACHED TO THE, UH, PRIMARY STRUCTURE. THE RIGHT SIDE OF THE POST IS MEASURING FOUR FEET FROM THE, UH, SETBACK. AND THEN THE LEFT SIDE OF THE POST MEASURES THREE FEET, FIVE INCHES FROM THE FRONT SETBACK. HENCE THAT CURVATURE IN THE STREET. UH, UNFINISHED STRUCTURE SURROUNDING AREA. UH, FRONT PROPERTY SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO O A 21 DASH 1 0 3 0 0 1 77 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE THE CARPORT IS THREE FIVE INCHES FROM THE FRONT PROPERTY LINE. TWO, THE CARPORT WILL BE ENCROACHING ON THE FRONT SETBACK. AND THREE, THE CARPORT MAY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH IS IN WHICH IT IS LOCATED. STA STAFF, CAN YOU PLEASE GO BACK TO ONE OF THE PICTURES WHERE IT'S FROM THE FRONT OF THE HOME? UH, RIGHT, THERE'S FINE. UH, RIGHT BEHIND THE FRONT FENCE IS THERE, IT LOOKS LIKE THE HOUSE JUST CONTINUES ALL THE WAY TO THE FENCE LINE. IS THAT A OF ISSUE? UH, DID Y'ALL NOTICE OF ANYTHING OF ISSUE THAT WE NEED TO BE AWARE OF AS WELL? THAT THE HOUSE CONTINUES ALL THE WAY TO THE FENCE LINE. LOOK BEHIND THE, THE FENCE WHERE THE, THE TRASH RECEPTACLES ARE. MM-HMM. , IT LOOKS LIKE THE HOUSE WAS COMPLETELY EXTENDED ALL THE WAY TO THE FENCE LINE. WE DIDN'T SEE ANY ISSUE WITH THAT. OKAY. IT, IT LOOKS LIKE IT WAS PART OF THE EXISTING STRUCTURE. IT DOESN'T LOOK LIKE, ARE YOU TALKING ABOUT LIKE IF THERE WAS A ROOM ADDITION? [01:35:01] IT SURE LOOKS LIKE IT'S SOME KIND OF AN ADDITION AND THE OUTSIDE DOESN'T LOOK FINISHED AND IT JUST, IT GOES ALL THE WAY. IT'S INCHES AWAY FROM THE PROPERTY LINE. THAT'S JUST ONE OF ME. WE, WE, WE DIDN'T, UH, GO BACK IN THE, I'M JUST WONDERING IF WE SHOULD BE, UM, REVISITING THIS CASE JUST TO INCLUDE THIS. LET'S LET THE APPLICANT OR THE OWNER TALK ABOUT WHAT THAT IS. I CAN'T TELL IF IT'S JUST AN EVE OR THAT'S NOT AN EVE. YEAH. BUT, BUT LET'S LET THE APPLICANT SPEAK TO THAT. OKAY. ALRIGHT. THANK YOU. PLEASE CONTINUE. UH, THERE WERE 20 NOTICES MAILED OUT. SEVERAL WERE RETURNED IN FAVOR. THERE WAS ONE IN OPPOSITION, THERE WAS NO NEIGHBORHOOD ASSOCIATION. AND 11 WERE ALSO RETURNED IN FAVOR, OUTSIDE 200 SQUARE FEET. THIS CONCLUDES STAFF'S PRESENTATION. THANK YOU. IS THE APPLICANT PRESENT? YES. RIGHT HERE. UH, PLEASE, UH, STATE YOUR NAME AND ADDRESS FOR THE RECORD. UH, RALPH BOL, UH, 5 0 5 6 VIKING CORAL, SAN ANTONIO, TEXAS 7 8 2 4 4. PLEASE BEGIN YOUR PRESENTATION, SIR. UH, THE REASON WHY I AM BUILDING THAT CARPORT, UM, I HAVE THAT MY DAD GAVE ME WHEN I WAS BORN A 1972 OH UH, CUTLASS SUPREME, UH, 4 42. AND, UM, I'VE HAD IT EVER SINCE. HE ORDERED IT THROUGH VIETNAM TO MY MOM. SO I'M DOING A COMPLETE FRAME OFF RESTORATION. IT DOES NOT FIT IN MY GARAGE. IT STICKS OUT ABOUT SIX INCHES FROM THE GARAGE BAY DOOR. AND, UM, WITH, THERE IS PICTURES NOW THOSE ARE HIS FIRST TWO CARS WHEN HE WAS 20 YEARS OLD. UM, THE 57 CHEVY, WHICH IS MINE ALSO. BOTH THESE CARS WERE GONNA BE PUT IN MY GARAGE, BUT THEY DON'T FIT, UH, SIDE BY SIDE. THEY'LL FIT IN THE CAR, BUT THEY EXTEND THE 57 STICKS OUT ABOUT ALMOST A FOOT FROM A GARAGE BAY DOOR WITH OUR WEATHER HERE, THE PI BIPOLAR WEATHER, IT HAD TO HAVE SOME KIND OF PATIO COVER. SO MY TRUCK ALSO WAS NOT FIT WITH THE PATIO COVER THAT I HAD ON THERE. UM, SO WE EXTENDED THE WHOLE PATIO COVER TO FIT MY TRUCK ALSO AS WELL WITH THE VEHICLES IN THE, WHEN THEY'RE COMPLETE WITH THE VEHICLES IN THE GARAGE, MY TRUCK STILL STICKS OUT 'CAUSE I HAVE A 2,500 SILVERADO. BUT THE MAIN FOCUS, THERE'S THE CAR NOW. UM, IT'S UNCOMPLETED RIGHT NOW, BUT IT'S, SPO HAD TO WAIT BECAUSE OF THE HALT ON THE PROJECT. SO THE FRAME SITS IN THE FRONT YARD BECAUSE EVERYTHING WAS ON HOLD WITH THE WOOD UNDER THE PA THE PATIO. UM, AND WHAT YOU'RE ASKING ABOUT THAT LITTLE EVE ON THE SIDE, IT DROPS STRAIGHT DOWN. IT'S A SHED , BUT THEY CONTINUED IT WHEN THEY DID THE ROOF THIS PAST TWO MONTHS AGO. THEY COMPLETED THE ROOF, BUT IT IS ATTACHED TO THE SIDE OF THE WALL IS A, IS A SHED. UM, BUT THE WAY MY CURVATURE ON THE ROAD GOES, THE POSTS STICK OUT. THEY'RE, UM, CROOKED AND THEY'RE NOT EVEN TO THE SIDE OF THE SIDEWALK WHERE I JUST FOUND OUT YOU HAD TO HAVE A 10 FOOT VARIANCE TO THAT FIRST POST, WHICH I DIDN'T KNOW THAT. BUT WHEN THE, UH, INSPECTORS CAME OVER TO, UM, LOOK AT THE PROPERTY, THAT'S WHEN THEY NOTIFIED ME ABOUT EVERYTHING WAS GOING ON WITH THE VARIANCE. THAT'S WHY I APPLIED FOR THE VARIANCE. BUT, UM, I'M ABOUT TWO WEEKS BEFORE EVERYTHING ELSE STARTS BEING SHIPPED FROM CALIFORNIA TO THE HOUSE FOR THE PROJECT TO BE COMPLETED. I'M A MASTER MECHANIC AND I'VE BEEN DOING THIS FOR MY FATHER TO GIVE IT BACK TO HIM ON HIS 51ST ANNIVERSARY BECAUSE, UM, HE BOUGHT IT FOR ME WHEN I WAS ONE YEARS OLD. I'M THE ORIGINAL OWNER OF THAT CAR AT ONE YEARS OLD ON THAT TITLE. SO, UM, THAT 57 CHEVY WAS HIS FIRST CAR THAT HIS MOM, MY GRANDMOTHER BOUGHT 'EM AND HE BOUGHT THAT IN VIETNAM, THE CUTLASS, WHEN I WAS BORN FOR MY MOM. SO I'M RETURNING THE FAVOR TO HIM AND GIVING IT TO BACK BECAUSE OF COVID. I COULDN'T GIVE IT TO HIM LAST YEAR. SO IT'S ALL IN THE PROJECT BEING DONE. BUT, UM, THIS WAS A, A STEP TO KEEPING IT COVERED BECAUSE, UH, IT WAS APPRAISED AT $110,000 AND I CANNOT HAVE IT IN THE ELEMENTS AND I HAVE TO PROTECT MY ASSETS THAT I HAVE THERE. BUT THAT'S THE MAIN REASON WHY I BUILT THIS, UH, PATIO COVER. BUT AFTER TALKING WITH THE INSPECTORS AND GUYS, I, I DIDN'T KNOW IT HAD TO BE THAT FAR BACK, BUT MY DRIVEWAY SO SHORT, IT BARELY HOLDS MY 2,500 IN THERE AND IT STILL COMES UP TO THE SIDEWALK, EVEN BACK UP FOLLOW TO THE GARAGE. SO THAT'S WHERE I'M AT NOW. AND YOU KNOW, I, I LEARNED A LOT FROM THIS PROJECT I'M DOING FOR THE PATIO COVER. BUT AS YOU CAN SEE, I DIDN'T, SINCE I WAS STOPPED, I DIDN'T COMPLETE ANYTHING. 'CAUSE I NEED TO FIND OUT WHAT I NEED TO DO TO AT LEAST PROTECT MY ASSETS AND CONTINUE WITH THE, THE PATIO. AND I TALKED TO ALL MY NEIGHBORS IN THE STREET THERE. THERE'S ONE THAT DON'T EVEN LIVE ON OUR STREET THAT'S OPPOSED TO IT. I MEAN, DON'T LIKE IT, BUT I DON'T KNOW. EVERYBODY ON MY STREET LOVES IT. SO I'M THE NEIGHBORHOOD AND MASTER MECHANIC TO HELP. I HELP EVERYBODY FREE ON MY STREET. THEY JUST BUY THE PART. THAT'S [01:40:01] WHAT I DO FOR THEM, . BUT THAT'S THE REASON WHY FOR THAT PATIO TO PROTECT MY ASSETS ON THERE. AND THE 57 CHEVY HASN'T GOT APPRAISED YET 'CAUSE I HAD TO SEND IT OUT TO ANOTHER ANTIQUE SPECIALIST. OKAY, THANK YOU VERY MUCH. UM, IS, SIR, IF YOU COULD JUST, UH, BEAR WITH ME A SECOND. IS THERE ANYONE, SENATOR TO SPEAK OR ANY VOICEMAILS TO BE HEARD? NO. OKAY. WE'RE GONNA OPEN THIS UP TO QUESTIONS FOR YOU. IS THERE ANY COMMISSIONER QUESTIONS? MANNA? COMMISSIONER MANNA. THIS QUESTIONS WERE STAFF. UH, SO WHY WAS THIS CASE BROUGHT FORWARD? IT WAS A, OR PROMPTED THE CASE, I GUESS IT WAS A CODE CASE, , AND THEN, UH, QUESTION FOR THE APPLICANT. SO, UM, SO WHAT'S THE MINIMUM LENGTH THAT YOUR, UM, CARPORT COULD BE THAT SUPPORTS THE VEHICLES THAT YOU HAVE IN THERE? UM, FOR MY TRUCK, MY TRUCK'S ALMOST 24 INCH FEET LONG. I BELIEVE THE PATIO CAME UP TO LIKE 22 AND A HALF OR 23 FEET. UM, THE CAR STICKS OUT. THE CUT LIST, ONCE IT'S DONE, THE, THE, THE BLUE CAR RIGHT THERE, ONCE IT'S DONE, THE FRAME'S PUT ON, IT STICKS OUT ABOUT SIX INCHES FROM THE BAY DOOR. UM, THE 57 CHEVY IS GONNA STICK OUT ALMOST A FOOT. THE, THE FINS DEPENDS WHICH WAY I PUT IT, BUT THEY FIT SIDE BY SIDE IN THERE, BUT THEY STICK OUT PAST THE GARAGE TO SHUT IT. SO THERE'S NO WAY. BUT, BUT AS FAR AS THE CARPORT'S CONCERNED, SO, SO, SO ONE OF THE QUESTIONS IS, IS IT POSSIBLE TO MOVE THE CARPORT, UH, TO REDUCE THE SIZE OF THE CARPORT? AND SO THE QUESTION IS, WHAT'S THE MINIMUM LENGTH YOU COULD HAVE FOR YOUR CARPORT TO SUPPORT YOUR VEHICLES AS WELL? FOR MY TRUCK, IT, THAT'S IT. THE MINIMUM LENGTH IS PROBABLY ABOUT 23 FEET. I MEAN, THAT, IF YOU LOOK AT THAT PICTURE THAT MY TRUCK'S BACKED UP ALL THE WAY TO MY BAY, MY GARAGE DOOR, AND THAT'S THE TIP OF THE, THE FRONT OF THE TRUCK. BUT, UM, ALL THESE HELL STORMS THAT WE'VE HAD, SIR, CAN YOU TURN THE MIC ON? OH, SHOOT. IS IT ON OR IS IT JUST NOT TALKING TO IT? THERE YOU GO. I'M SORRY. SO, UM, THE TRUCK STICKS OUT. IT'S ALWAYS BACKED UP TO THE GARAGE DOOR, BUT WITH ALL THE BIPOLAR WEATHER WE HAVE HERE THAT Y'ALL KNOW ABOUT THAT, UM, ON MY TRUCK, I TAKE CARE OF MY VEHICLES. MY TRUCK DON'T HAVE ONE DENT ON IT AND IT'S A 15, BUT WITH ALL THE WEATHER WE HAVE, YOU KNOW THE HELL, HOW BIG THEY ARE. UM, FIVE YEARS AGO WHEN WE HAD THE HAILSTORM HERE, WE HAD, I'M NOT GONNA EXAGGERATE, WE HAD BOWLING BALL SIZE HELL AND, AND CONVERSE OUT THERE IN, IN ST. HEDWICK. AND WE GOT ABOUT SOFTBALL AND MY WIFE'S CAR WAS JUST DEMOLISHED MY TRUCK. I WAS ABLE TO PROTECT IT. I DIDN'T GET ONE DENT ON IT BECAUSE I'M THE DUMB ONE THAT PUT MATTRESSES ON IT. I WAS, THEY MADE FUN OF ME, BUT I DIDN'T GET ONE DENT ON MY TRUCK. BUT, UM, THAT'S THE, MAINLY THE MAIN REASON IS TO PROTECT MY VEHICLES WITH MY TRUCK AND THE CAR. UM, MY TRUCK'S GONNA STICK OUT A LITTLE FURTHER THAN THAT WHEN I HAVE THE CARS IN THE GARAGE, SO I THANK YOU. I HAVE A QUESTION FOR STAFF. UH, JUST TO CLARIFY, THERE'S AN EXHIBIT IN THE, UH, ATTACHMENTS. IT SHOWS SOME DIMENSIONING. UH, ONE OF THEM SHOWS THAT THE CARPORT IS 21 AND A HALF FEET DEEP. UM, BUT MORE IMPORTANTLY WHAT I'M CONCERNED WITH IS THE 17 FOOT DIMENSION FROM THE FACE OF CURB TO THE, TO THE AT FRONT OF THE CARPORT. UH, I JUST WANTED TO MAKE SURE, DID Y'ALL VERIFY, UH, THOSE DIMENSIONS OR DO YOU THINK, OR DO YOU, DO YOU AGREE THAT THEY'RE AT LEAST REASONABLY CLOSE? UH, WE COMPARED OUR MEASUREMENTS TO THE PLAT. SO, UM, WE DIDN'T THE MEASUREMENT FROM THE CURB TO THE FRONT OF THE POST, UH, WE'LL HAVE TO LOOK AT THE PICTURES TO COMPARE IT TO WHAT'S ON THE SITE PLAN. OKAY. UH, THE, AND THE REASON WHY I ASK IS, AND I'LL, AND I'LL ASK THIS OF THE APPLICANT, UM, ONE OF THE THINGS THAT WE LOOK AT IS THE POTENTIAL TO BLOCK, UH, SIDEWALK TRAFFIC. AND SO IF YOU DO HAVE 17 FEET ACCORDING TO THE SKETCH THAT'S PROVIDED YOU WOULD, YOU, YOU SEEM TO BE AMPLY AWAY FROM THE BACK OF THE SIDEWALK. AND I'M JUST, IF YOU COULD PLEASE SPEAK ABOUT WHAT SORT OF CLEARANCES YOU HAVE FROM THE, FROM THE SIDEWALK THAT RUNS IN FRONT OF THE HOME. UM, THERE GONNA BE NO BLOCKAGES FOR THE SIDEWALK. UM, IF, IF I WERE TO HAVE THE TRASH CANS PUT IN THE, IN THE DRIVEWAY LIKE I USED TO, MY TRUCK TAILGATE WOULD BE RIGHT AT THE BLOCK, RIGHT AT THE SIDEWALK. BUT, AND YOU CAN SEE I PUT 'EM ON THE SIDE NOW AND I EVEN CALLED. I DON'T LIKE THOSE TRASH CANS. THEY'RE TOO BULKY. THEY DON'T, THE CITY WON'T PICK 'EM UP. BUT THE, THE SKETCH THAT WAS PROVIDED IN THE APPLICATION, THE 17 FOOT DIMENSION IS SOMETHING YOU DID MEASURE AND VERIFY. YEAH. OKAY, THANK YOU. I BELIEVE SO THAT, THAT ONE I SUBMITTED IN. YES, SIR. UH, ARE THERE ANY OTHER QUESTIONS? I HAVE A QUESTION FOR STEP. OH, DID, DID I HEAR YOU SAY THAT AFTER YOU FINISHED RENOVATING ONE OF THOSE CARS, YOU WERE GIVING IT BACK TO YOUR PARENTS? THE WHAT? DID I HEAR YOU? CAN YOU HEAR ME? COMMISSIONER KAPLAN? GO AHEAD. YEAH. DID I HEAR YOU SAY THAT AFTER YOU FINISHED RENOVATING ONE OF THE CARS, IT'S GOING BACK TO [01:45:01] YOUR PARENTS? NO, NO. WELL, IT'S MY, THAT'S, IT'S MY VEHICLE, BUT MY DAD BOUGHT THAT WHEN HE WENT TO VIETNAM. HE PAID $3,000 FOR IT. AND THEY, MY MOM AND DAD HAD THAT CAR THEIR WHOLE LIFE. I WAS RAISED IN THAT CAR. SO ONCE IT'S DONE, I'M GIVING IT TO 'EM AS A PRESENT. HE AIN'T GONNA ACCEPT IT, HE'S GONNA GIVE IT RIGHT BACK TO ME. I WANT THEM TO GO CRUISE IT THE WAY THEY DID WHEN THEY BOUGHT IT. BRAND NEW, YOU KNOW, A DATE DOWN DOWNTOWN . BUT THAT'S, I WANNA GIVE IT BACK TO THEM. THAT'S CONFUSED. ARE THEY GONNA TAKE IT? ARE YOU GIVING IT TO THEM? NO, IT'S, IT STAYS WITH ME BECAUSE IT'S STAY WITH YOU OR NOT? IT'S GONNA BE GIVEN TO MY SON WHEN IT'S DONE, BUT I'M NOT GONNA LET HIM DRIVE IT. HE'S TOO YOUNG , IT'S GONNA STAY IN MY GARAGE. IT HAS TO BE IN MY GARAGE TO BE INSURED IT. RIGHT NOW IT'S INSURED SITTING LIKE THAT FOR 110,000 WITHOUT THE BODY, I MEAN, THE FRAME ON IT OR THE ENGINE. SO WHAT, WHAT I'M HEARING IS, IS THAT YOU'RE, YOU'RE GIVING IT TO YOUR PARENTS, BUT, BUT IT'S GONNA STAY AT YOUR HOUSE. YEAH, I WANT TO GIVE IT TO EM AS A PRESENT BECAUSE THEY KNOW I'M WORKING ON IT, BUT THEY DON'T KNOW THE EXTENT OF WORK I'M DOING ON IT. OKAY. BUT I ALSO HAVE HERE THIS MORNING I JUST DROVE AROUND. I WANTED TO SEE WHO HAD PATIO COVERS AND STUFF, AND I HAVE, I MEAN, THERE WAS JUST TOO MANY, THERE'S SO MANY PEOPLE'S CARPORTS AND GATES THAT ARE ON SIDE. GIVE THAT TO STAFF, THEY'LL SHOW IT TO US. YOU DON'T HAVE TO SHOW ALL OF 'EM, BUT THERE'S TOO MANY. BUT, AND COMMISSIONER KAPLAN, DID YOU HAVE ANY FOLLOW UP QUESTIONS OR YOU, WERE YOU DONE? I'M DONE. OKAY. ANY OTHER COMMISSIONER QUESTIONS? MENCHACA? COMMISSIONER MENCHACA. I HAVE A QUESTION FOR STAFF. UH, UH, THIS LEANING SHED THAT'S AGAINST THE HOUSE AND IT DOES THAT HA HAVE ANY BUILDING VIOLATION, CODES BEING AGAINST THE HOUSE. SO IF I REMEMBER CORRECTLY, YOU SAID IT'S ATTACHED TO THE HOUSE. IT'S ATTACHED TO THE HOUSE. SO WE, THIS MAY COME BACK TO US YES. IN THE FUTURE TIME, BUT AS OF NOW, YES, IT MAY COME BACK BECAUSE IT'S REQUIRED TO HAVE A PERMIT AND IT'S IN THE SETBACK, SIR. SO WE'RE GONNA HAVE TO VISIT WITH YOU ON THAT AFTER THE COMPLETION. I'LL KNOCK IT DOWN IF I NEED TO BECAUSE IT'S JUST A SHED. I MEAN, THEY, YEAH, IT'LL, IT'LL BE, IT'LL BE TAKEN CARE OF AT A FUTURE TIME ONE WAY OR ANOTHER. SO IT WAS FOR ALL. WE'LL STICK, STICK WITH THE CARPORT. . UH, ANY OTHER QUESTIONS? YES, ALBERT, UH, COMMISSIONER ALBERT, UH, FOR THE APPLICANT, SIR, WERE YOU ABLE TO VERIFY THAT THE CONTRACTOR BUILDING YOUR CARPORT WAS, WAS LICENSED AND EVERYTHING? UM, I DON'T KNOW. I JUST HIRED HIM OFF CRAIGSLIST. I MEAN, AND THEN I, HE WAS SENT TO ME BY ANOTHER PERSON THAT DID ANOTHER CARPORT, AND I WENT TO LOOK AT HIS WORK AND FROM WHAT I, HE TOLD ME HE USED TO WORK FOR THE MILITARY BASES BUILDING GAZEBOS OR GAZEBOS OR WHATEVER HE DID AT THE FLIGHT LINES AND AT LACKLAND. BUT HE'S A, I BELIEVE HE'S LIKE 75 OR 80 YEARS OLD. HE'S A GOOD WORKER. I MEAN, I DON'T KNOW IF HE'S CONTRACT, I MEAN LICENSED OR ANYTHING LIKE THAT. I REALLY DON'T. THANK YOU. UH, ANY OTHER QUESTIONS? ALL RIGHT, HEARING NONE VANNA. SO, UH, COMMISSIONER MADA, SO THE PHOTOS THAT YOU'RE SHOWING THERE ARE, ARE THOSE ARE ADDITIONAL, THOSE ARE ALREADY CARPORTS THAT ARE IN YOUR COMMUNITY? THEY'RE, THEY'RE RIGHT IN MY SUBDIVISION. THE SUBDIVISION BEFORE ME IN PA BY MICHELLE ELEMENTARY. OKAY. ALL THOSE PHOTOS ARE ALL, THEIRS ARE WORSE THAN MINE. THEY'RE RIGHT ON THE SIDEWALK. SOME ARE FINE AND SOME WERE REAL CLOSE TO THE HOUSE, BUT MOST OF THEM WERE ON THE SIDEWALK. OKAY, THANK YOU. ALRIGHT, ANY OTHER QUESTIONS? ALL RIGHT. SO IF SINCE SOMEONE HAS SIGNED UP TO SPEAK, UH, SIR, WE'RE, WE'RE GONNA GO AHEAD AND DELIBERATE ON THIS AND MAKE A DECISION. I'M LOOKING FOR A MOTION FROM A COMMISSIONER, MANNA COMMISSIONER MANAM, REGARDING CASE NUMBER BOA 2 1 1 0 3 0 0 1 7 7. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A SIX FOOT SEVEN INCH VARIANCE FROM THE 10 FOOT MINIMUM FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE THREE FOOT FIVE INCH FROM THE FRONT PROPERTY LINE SITUATED AT 5 0 5 6 VIKING CORAL STREET, APPLICANT BEING CARISSA VALDO. 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 LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C ESTIMATED 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 IS TO, UH, ALLOW AN ATTACHED CARPORT TO BE THREE FOOT FIVE INCH AWAY FROM THE FRONT PROPERTY LINE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE APPLICANT HAS ADEQUATE SPACE FROM THE ADJACENT PROPERTY AND THE CITY RIGHT OF WAY. TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN UNNECESSARY HARDSHIP. BY IMPOSING A LITERAL ENFORCEMENT, THE OWNER WOULD HAVE TO SHORTEN THE LENGTH OF THE GARAGE, NOT GIVING THEM ADEQUATE SPACE FOR THEIR VEHICLES OR REMOVE THE STRUCTURE ALTOGETHER. THREE, BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL [01:50:01] JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS TO FIND AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW, THERE IS SUFFICIENT SPACE BETWEEN THE STRUCTURE AND THE RIGHT OF WAY SO PEDESTRIANS CAN HAVE ACCESS TO THE WALKWAY. UH, SO THE SPIRIT OF THE ORDINANCE IS OBSERVED FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION BE USED OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE VARIANCES, UH, WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. THE REQUEST TO HAVE A FRONT SETBACK, A THREE FOOT FIVE INCH AWAY FROM THE PROP FRONT PROPERTY LINE DOES NOT IMPOSE, DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM LIKELY TO INJURE ADJACENT CONFORMING PROPERTIES WITHIN THE DISTRICT. SIX APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. THE BOARD FINDS THAT THE PLY TO THE PROPERTY OWNER IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO THE CURVATURE OF THE STREET AND THE SMALLER LOT SIZES, UH, NEWER HOMES IN GENERAL, LEAVING LESS ROOM TO CONSTRUCT THE CARPORT THAT DOESN'T INTERFERE WITH SETBACKS FROM FRONT PROPERTY LINES AND A MOTION THERE. SECOND THIEL. SECOND. SECOND BY COMMISSIONER THIEL. COMMISSIONER MANNA, PLEASE LEAD THE DISCUSSION. UM, I'LL, I WILL BE VOTING IN FAVOR OF THIS, UM, FOR A COUPLE OF REASONS. ONE IS THAT, UM, YEAH, THE, THE COMMUNITY AROUND IT, I GUESS HAS SPOKEN UP AND SAID THAT, UM, YOU KNOW, THAT THEY, THEY ARE ACCEPTING THIS. SO IT DOES APPEAR THAT, UH, WHILE THERE DOESN'T APPEAR TO BE MANY IN, IN THE COMMUNITY, UM, IT DOES APPEAR THAT THE COMMUNITY IS OKAY WITH THIS TYPE OF, UH, ADDITION TO A HOME. UH, SECOND IS THAT, UM, YOU KNOW, I'M, I'M THANKFUL THAT YOU BROUGHT IN PICTURES BECAUSE I, AS I DROVE THROUGH GOOGLE, I DID NOT SEE ANY OTHER HOMES WITH IT. AND SO IT DOES APPEAR THAT THERE ARE OTHER HOMES THAT HAVE DONE SOMETHING SIMILAR ALREADY. SO, UH, BECAUSE THOSE TWO, I'LL BE VOTING IN FAVOR, COMMISSIONER THI I'M IN AGREEMENT WITH MY COLLEAGUE. I THINK THE APPLICANT DID, UH, PROVIDE GREAT EXAMPLE OF, OF THE LENGTHY NEEDED FOR BOTH THE, HIS, HIS DAILY CAR AS WELL AS HIS PROJECT CARS. SO I'LL BE IN SUPPORT. ALL RIGHT. IS THERE ANY, UH, ANYONE ELSE LIKE TO ADD? UH, I WILL NOT BE SUPPORTING THIS. UH, THE, UH, THE OUTREACH OR THE, UH, EXTENT OF THE GARAGE IS TOO MUCH FOR ME IN TERMS OF WHAT IS PROPOSED AND THEN THE MOVEMENT OF CARS AND THE POTENTIAL TO TURN INTO A BUSINESS AND BEEN AROUND PLACES LIKE THIS, WHERE IT GETS STARTED GETTING GREASY AND ALL THAT KIND OF STUFF THAT HAPPENS WHEN YOU PUT A CARPORT TURNS INTO MULTIPURPOSE RATHER THAN JUST A CARPORT FUNCTION. SO I WON'T BE SUPPORTING THIS. OKAY. IS THERE ANYONE ELSE? UH, AND I'LL CLOSE WITH SAYING I WILL BE IN SUPPORT. UM, AND THE WHAT DID IT FOR ME IS, IS IT'S DISTANCE AWAY FROM THE BACK OF THE SIDEWALK. UM, I THINK IT'S GOOD FOR THE PEDESTRIANS. UH, ALL RIGHT. STAFF, PLEASE TAKE A ROLL CALL. VOTE MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT, MR. ALBERT. I CONCUR. MR. MENCHACA. DO NOT CONCUR. MR. VAZQUEZ. I CONCUR. MS. CRUZ. I CONCUR. MR. MANA, I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNIGA. I DO NOT CONCUR. UM, MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT. MS. INGLES? YES, I CONCUR. CHAIR ORIAN. UH, I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION FAILS, UH, EIGHT TO TWO, UH, UNLESS, UM, ONE OF, ONE OF THE COMMISSIONERS IN THE PREVAILING SIDE WOULD LIKE TO OFFER ANYTHING. HEARING NONE, SIR. UH, PLEASE GET WITH STAFF. THEY'LL TALK TO YOU ABOUT YOUR NEXT STEPS. THANK YOU. OKAY, THANK. ALL RIGHT. NEXT CASE, PLEASE. UH, AGENDA ITEM NUMBER EIGHT, BO 8 21 DASH 103 1 8 6. ADDRESS IS 5 6 2 2 HAREFIELD DRIVE CITY COUNCIL DISTRICT NUMBER SEVEN. APPLICANT IS, UH, HYMAN WHITE REQUEST FOR A SEVEN FOOT 10 INCH VARIANCE TO A 20 FOOT REAR SETBACK TO ALLOW RESIDENTIAL STRUCTURE TO BE 12 FEET, TWO INCHES AWAY FROM THE REAR PROPERTY LINE. CURRENT ZONING IS RESIDENTIAL SINGLE FAMILY SUBJECT PROPERTY IS LOCATED ALONG FAIRFIELD DRIVE AND CURRENTLY HAS A SINGLE FAMILY RESIDENCE BUILT UPON THE PROPERTY. APPLICANT IS REQUESTING A SEVEN FOOT 10 INCH VARIANCE TO A 20 FOOT REAR SETBACK TO ALLOW RESIDENTIAL STRUCTURE TO BE 12 FEET TWO INCHES AWAY FROM THAT REAR PROPERTY LINE. UPON SITE VISITS, STAFF OBSERVED THEIR, THERE ARE OTHER TWO STORY STRUCTURES IN THE IMMEDIATE AREA SITE PLAN, SUBJECT PROPERTY, 5 6 2 2 [01:55:01] HARFIELD DRIVE. IT'S THE REAR, UH, PICTURE OF THE STRUCTURE. THAT'S THE SIDE OF THE STRUCTURE, AND THIS IS THE, UH, STRUCTURE. AND THAT FENCE ON THE LEFT SIDE WOULD BE THE REAR PROPERTY LINE MEASUREMENT FROM THE REAR DISTANCE FROM NEIGHBORING, UH, STRUCTURES. THOSE ARE THE HOUSES IMMEDIATELY LOCATED BEHIND IT. SUBJECT PROPERTY. UH, THESE ARE PICTURES OF OTHER NEARBY TWO STORY STRUCTURES SURROUNDING AREA REAR PROPERTY SETBACK VARIANCE. STAFF RECOMMENDS APPROVAL IN BO O 8 21 DASH 1 0 3 0 0 180 6 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE LARGE YARD PROVIDES ENOUGH ROOM FOR THE ATTACHED ROOM ADDITION IN THE REAR TWO. THERE IS PLENTY OF SPACE BETWEEN THE STRUCTURE AND THE NEIGHBORING STRUCTURES. THREE, TWO STORY HOMES ARE VERY COMMON FOR THIS AREA. AND FOUR, THE ROOM ADDITION WILL NOT HARM THE NEIGHBORING PROPERTIES OR AFFECT LAND VALUE IN A NEGATIVE WAY. 31 NOTICES WERE MAILED OUT. ZERO. RETURN IN FAVOR, ZERO IN OPPOSITION, AND THERE IS NO NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION. UH, UH, SIR, IN THE STAFF REPORT, UH, YOU'RE MENTIONING IT'S 12 TWO FROM THE REAR LINE, BUT THE SURVEY THAT'S IN THE FILE SAYS 11 SEVEN, AND IT, THAT'S HOW IT READS IN THE AGENDA AS WELL. IS IT, IS IT 11 SEVEN OR IS IT 12 TWO? YOU? IT IS, UM, I BELIEVE IT IS ACTUALLY 11 SEVEN. BUT WAS THIS ADVERTISED AT 11 SEVEN OR, OR, YEAH, WE ADVERTISED FOR 11 SEVEN. OKAY. THANK YOU VERY MUCH. FANTASTIC. IS THE APPLICANT PRESENT? IF YOU PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. YOU COULD BEGIN YOUR PRESENTATION. HELLO, MY NAME'S HYMAN WHITE. ADDRESS IS 56 22 HAREFIELD. SO I AM THE, UH, GENERAL CONTRACTOR AND, UH, DID THE, UH, PROJECT AND, UM, DURING MY, UH, REVIEW, WE BROUGHT US A SET OF PLANS TO THE REVIEWERS SO THEY COULD GO AHEAD AND, UH, LOOK AT ALL THE SETBACKS. THE, UM, UH, MR. MCCLURE IDENTIFIED THE ISSUE OF THE, UH, REAR SETBACK ZONING IS A R FIVE. TO GET CLARIFICATION, WE TALKED TO MR. HOLTE, WHICH IS A CITY, UH, PLANNER COORDINATOR WHO CLARIFIED THAT THIS PROPERTY IS A CORNER LOT AND THERE IS NO, UH, REAR, UH, PROPERTY LINE. THE SEC, THIS, THE, UH, SETBACKS WOULD BE, UH, FIVE FEET ALONG THE FENCE LINE ABUTTING TO THE OTHER HOMES. AND THE, UH, THIS WAS ACCEPTED AND I PROCEEDED WITH THE, UH, THE PROJECT. SO NOW WHEN WE'RE DOING THE FINAL, UH, UH, SURVEY, THE, UH, REASON FOR THE 11 SEVEN IS BECAUSE THE, UH, FENCE IS ACTUALLY NOT ON THE PINS. SO WHEN THEY MEASURED IT, THE, THEY GOT THE, UH, THE 12 FOOT TWO INCHES. BUT IN REGARD REALITY FOR THE PINS, THE, UH, IT'S 11 SEVEN, SO WE'RE FIGURING OUT THAT IT WAS JUST, WE WERE OVER BY FOUR INCHES. BUT, YOU KNOW, JUST TO GET CLARIFICATION ON ALL THIS. OKAY. AND JUST TO BE CLEAR, YOU'RE SAYING THAT THE FENCE IS SLIGHTLY OUTSIDE OF YOUR PROPERTY LINE? YES. THE YES, SIR. OKAY. THIS, SO THAT'S WHERE THE DIFFERENCE IS. ALRIGHT. PLEASE CONTINUE. OH, UM, I'M PRETTY MUCH SAID AND OPEN TO ANY TYPE OF QUESTIONS. OKAY. UH, STAFF, HAS ANYONE SIGNED UP TO SPEAK OR ANY VOICEMAILS? SO WE'RE GONNA OPEN THIS UP TO QUESTIONS. ANY COMMISSIONER QUESTIONS? CHAKA, COMMISSIONER MIN CHAKA? UH, JUST A SIMPLE ONE. SO IS THERE INITIATIVE TO RESURVEY THE PROPERTY AND GET IT RIGHT? YOU MEAN MOVING THE, UH, NO, JUST RESURVEY FOR FUTURE ISSUES. OH, FROM THE OTHER PROPERTY OWNER? SINCE THE, UH, HOMEOWNER GOT A, UH, BLOWN FOR THIS, THE, UH, THE BANK WAS ASKING FOR, UH, A FINAL SURVEY. SO THAT'S WHY WE, UH, WE FOUND THE, THE ISSUE AND THE PROBLEM. IT SOUNDS LIKE THE PINS ARE FINE, IT'S JUST THAT THE FENCE MAY BE IN THE INCORRECT PLACE, BUT YES, THAT'S THE ORIGINAL FENCE FROM THE, UH, CONTRACTOR. THANK YOU. UH, ANY OTHER QUESTIONS? ALBERT? UH, COMMISSIONER ALBERT? UH, THIS IS A QUESTION FOR STAFF AND, AND LOOKING AT THE SITE PLAN, UH, IN THE BACK, I SEE THAT THERE'S A 12 FOOT GAS ELECTRIC TELEPHONE CABLE TV EASEMENT, UH, IF THAT'S A 12 FOOT EASEMENT, AND IF I'M LOOKING AT THE MAP RIGHT, DOES THAT EASEMENT GO UNDERNEATH THE NEW STRUCTURE? [02:00:15] UH, YES. IT'S, THE STRUCTURE IS SLIGHTLY OVER THAT EASEMENT. UM, SO IT'S UP TO THE APPLICANT TO COORDINATE WITH THE UTILITIES. OKAY, THANK YOU. WE DID COORDINATE WITH THE UTILITIES. EVERYTHING GOT CLEARED OUT AND MARKED OUT BEFORE ANY OTHER THING WAS, UH, UH, BUILT OUT. SO ALL THE UTILITIES, EVERYTHING WAS MARKED OUT. WE, NOTHING WAS GOING ON UNDERNEATH THE SUB STRUCTURE. SO YOU CALLED 3 1 1 AND I MEAN 8 1 1. YES. AND GOT IT MARKED. BUT YOU DIDN'T, YOU DIDN'T GET AN ENCROACHMENT AGREEMENT FROM C P S OR ANYTHING? NO, SIR. OKAY. WE, WE WERE GOING OFF THE, THE, THE FENCE AND THE AGAIN. YEAH, THAT WAS THE CRUX OF THE QUESTION. SO WHAT, UH, ANY OTHER QUESTIONS? NO. ALL RIGHT. UH, IS THERE ANYTHING YOU'D LIKE TO CLOSE CLOSING REMARKS YOU'D LIKE TO MAKE BEFORE WE MAKE A, UH, WE DELIBERATE? NO. NO SIR. ALRIGHT. IF YOU COULD PLEASE TAKE A SEAT. I'M LOOKING FOR A COMMISSIONER TO MAKE A MOTION ON THIS CASE. TEAL COMMISSIONER TEAL, REGARDING CASE NUMBER BO EIGHT DASH 21 DASH 0 3 0 0 1 8 6. I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A SEVEN FOOT 10 INCH VARIANCE FROM THE MINIMUM FOOT MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW RES RESIDENTIAL STRUCTURE TO BE 12 FOOT TWO INCHES AWAY FROM THE PROPERTY LINE SITUATED AT 5 6 2 2 HARFIELD DRIVE. APPLICANT BEING HIGH MAY WHITE. 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 SUPERVISIONS 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 IS TO ALLOW AN ATTACHED ROOM ADDITION TO BE 12 FOOT TWO INCHES AWAY FROM THE REAR PROPERTY LINE, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP. BY IMPOSING THE LITERAL ENFORCEMENT, THE OWNER WOULD HAVE TO ALTER THE ROOM ADDITION TO REMOVE SEVEN FOOT 10 INCHES OF THE STRUCTURE SO THAT IT'S 20 FOOT AWAY FROM THE REAR PROPERTY LINE. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. SPIRIT OF OR SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE SETBACK IS TO PROVIDE SUFFICIENT SPACE BETWEEN THE STRUCTURE AND THE NEIGHBORING PROPERTY LINES. THE SPIRIT OF THE ORDINANCE IS OBSERVED AS THERE ARE SIMILAR STRUCTURES IN THE IMMEDIATE AREA, AND THERE IS ADEQUATE SPACE BETWEEN THE ROOM ADDITION AND NEIGHBORING STRUCTURES. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THEIR QUEST TO HAVE A REAR SETBACK OF 12 FOOT TWO INCHES AWAY FROM THE REAR PROPERTY LINE 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 ADDITION IS CONSISTENT WITH THE AREA AS THERE ARE SIMILAR TWO STORY STRUCTURES. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS THAT THE PLY TO THE PROPERTY OWNER SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO THE OLDER NEIGHBORHOOD HAVING LARGE LOTS SIZES IN GENERAL. AND THE CIRCUMSTANCES ARE NOT MERELY FINANCIAL. END OF MOTION. SECOND. SECOND BY COMMISSIONER MANANA. COMMISSIONER THIEL, PLEASE LEAVE THE DISCUSSION. I'LL BE IN SUPPORT OF THIS. UH, I BELIEVE THERE'S MORE THAN ENOUGH SPACE IN BETWEEN THE, THE ADJACENT PROPERTIES. THERE'S NO REASON TO TEAR THIS BUILDING DOWN. UM, AND I WILL BE IN SUPPORT COMMISSIONER MANNA. I CONCUR WITH MY COLLEAGUE ALSO, YOU KNOW, UH, I GUESS C P S WILL RESOLVE THE ENCROACHMENT ISSUES, UM, SO THAT THAT WILL ULTIMATELY BE DRIVING KIND OF THE SECOND HALF OF THE DIALOGUE, BUT WE AREN'T VOTING ON THAT, SO I WILL BE VOTING IN FAVOR. ALRIGHT. IS THERE ANYONE ELSE LIKE TO ADD ALBERT, COMMISSIONER ALBERT? UM, I'LL BE IN SUPPORT OF THIS. I THINK THE HOMEOWNER THROUGH THE CONTRACTOR TOOK DUE DILIGENCE AND DID EVERYTHING CORRECTLY. AND, UH, AS OTHER COMMISSIONER STATED, THERE'S QUITE A BIT OF ROOM STILL BETWEEN ADJOINING HOUSES, SO IT, IT LOOKS OKAY TO ME. ALL RIGHT. ANYONE ELSE? AND, UH, I'M, I'M GONNA GONNA CLOSE IT BY SAYING I'M GONNA BE IN SUPPORT AS WELL. I KNOW NORMALLY I WOULDN'T BE IF THERE'S AN ENCROACHMENT INTO A UTILITY EASEMENT, BUT, UH, IN THIS CASE, UH, THE APPLICANT DID TRY TO HONOR THE 12 FEET FROM WHERE THE FENCE LINE IS AND TRULY FELT THAT THERE WAS NO VIOLATION AS IT WAS A CORNER LOT AND THEY THOUGHT IT WAS A SIDE STEP BACK. SO I'M GONNA, I'M GONNA GIVE HIM THE, I'LL GIVE HIM THE, GIVE THEM MY, UH, APPROVAL ON THIS CASE. SO WITH STAFF, WILL YOU PLEASE TAKE A ROLL CALL? VOTE [02:05:01] MS. KAPLAN. I, I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MR. MENCHACA. I CONCUR. MR. VAZQUEZ. I CONCUR. MS. CRUZ, I CONCUR. MI MR. MANNA I CONCUR WITH THE FINDINGS OF FACT. MR. THIEL. YES, I CONCUR WITH THE FINDINGS OF FACT. MS. INGLES. I CONCUR. CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ZERO. OH, I APOLOGIZE. THE MO MOTION PASSES NINE TO ZERO. YEAH. UH, THE RECORD SHOW COMMISSIONER ZUNIGA IS RETURNING, UH, TO THE MEETING TIME IS 3 32. I. ALL RIGHT. LAST CASE. UH, AGENDA ITEM NUMBER NINE, BO O A 21 DASH 1 0 3 0 0 1 8 7. ADDRESS IS 8 6 3 STEVES AVENUE CITY COUNCIL DISTRICT NUMBER THREE, UH, APPLICANT IS NEIGHBORHOOD HOUSING SERVICES OF SAN ANTONIO. REQUEST FOR A TWO FOOT EIGHT INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DWELLING UNIT WITH ONE FOOT OVERHANG TO BE TWO FEET FOUR INCHES FROM THE SIDE PROPERTY LINE. CURRENT ZONING IS, UH, RESIDENTIAL SINGLE FAMILY CASE SUMMARY. UH, SUBJECT PROPERTY IS LOCATED ALONG STEVE'S AVENUE, CURRENTLY HAS A SINGLE FAMILY RESIDENCE BUILT ON THE PROPERTY. APPLICANT IS REQUESTING A TWO FOOT EIGHT INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DWELLING UNIT WITH ONE FOOT OVERHANG TO BE TWO FEET FOUR INCHES FROM THE SIDE PROPERTY LINE SITE PLAN, UH, SUBJECT PROPERTY STREET VIEW, UH, ADDRESS 8 6 3 STEVES AVENUE. THAT'S A SIDE MEASUREMENT. IT'S THE, UH, ROUGHLY ONE FOOT, UH, OVERHANG ON THE ROOF. THAT'S A SIDE OF THE STRUCTURE FROM THE, UH, SIDE PROPERTY LINE SURROUNDING AREA. REAR PROPERTY SETBACK VARIANCE STAFF IS RECOMMENDING APPROVAL IN BO O 8 21 DASH 1 0 3 0 180 7 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE STRUCTURE WILL NOT NEGATIVELY AFFECT NEIGHBORING PROPERTIES. AND TWO, THE PROPERTY DOES NOT INCLUDE ANY ABNORMAL PHYSICAL FEATURES SUCH AS THE CHANGE IN ELEVATION OR SLOPE. THERE WERE 26 NOTICES MAILED OUT, ZERO RETURN IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S UH, PRESENTATION. THANK YOU VERY MUCH. IS THE APPLICANT PRESENT? ALL RIGHT. IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. HELLO? OH, MY NAME IS PAUL. THE ADDRESS OF THE HOME IS 8 63 STEVES AVENUE. OKAY. UH, UH, FULL NAME SIR. PAUL DECH. OH, OKAY. THANK YOU. YEP. AND PLEASE, UH, BEGIN YOUR PRESENTATION. THANK YOU. UM, THE, I WORK FOR NEIGHBORHOOD HOUSING SERVICES OF SAN ANTONIO. WE'VE BEEN AROUND SINCE ABOUT 86, I BELIEVE. UH, WE EXIST TO EXPAND AFFORDABLE HOUSING OPPORTUNITIES TO LOW-INCOME FAMILIES. ONE OF THE WAYS WE DO THAT IS THROUGH, UH, REHABBING AND SELLING AND OR RENTING OUT AFFORDABLE HOUSING. UH, THIS IS A UNIT OR THIS IS A HOME THAT THE ORGANIZATION BOUGHT IN DECEMBER, 2019. UH, AND IT HAS BEEN RENTED OUT AS A DUPLEX FOR THE LAST COUPLE YEARS. UH, WE HAVE A TWO BEDROOM, ONE BATHROOM UNIT IN THE FRONT WHERE A, UH, MOTHER AND HER NINE YEAR OLD SON LIVE A ONE BEDROOM, ONE BATHROOM UNIT IN THE BACK WHERE ANOTHER MOTHER AND HER 10 YEAR OLD SON LIVE. AND WE ARE HOPING TO BUILD A THIRD EFFICIENCY UNIT IN THE EXISTING GARAGE THAT YOU SAW ON THE UH, PRESENTATION. THE EFFICIENCY UNIT WILL BE RENTED FOR ABOUT $700 A MONTH. THAT IS IN LINE WITH THE HUD FAIR MARKET RENTS FOR THE AREA. UH, BOTH OF THE EXISTING TENANTS ARE AT 80% OF THE AREA MEDIAN INCOME, WHICH QUALIFIES THEM AS LOW INCOME FAMILIES. UH, AND WE EXPECT THAT THE TENANT FOR THE EFFICIENCY SHOULD IT BE APPROVED, UM, WILL FALL UNDER THOSE INCOME LEVELS AS WELL. UH, THE LAST THING I'LL SAY IS THIS STRUCTURE OBVIOUSLY ALREADY EXISTS. WHEN WE PURCHASED THE HOME, IT WAS THERE. UM, [02:10:01] OUR PLANS FOR THE EFFICIENCY UNIT ARE TO USE THE EXISTING FOOTPRINT, UM, SO AS TO KEEP OUR COSTS LOW SO THAT WE CAN KEEP THE RENT AS LOW AS POSSIBLE SO THAT SOMEONE WHO DOESN'T EARN A LOT OF MONEY CAN AFFORD TO LIVE THERE. THAT'S IT. THANK YOU. ALRIGHT, THANK YOU VERY MUCH. WE'RE GONNA, IS THERE ANYONE SIGNED TO SPEAK ANY VOICEMAILS TO READ? NOPE. ALRIGHT. WE'RE GONNA OPEN THIS UP TO QUESTIONS. ANY QUESTIONS FROM THE COMMISSION? TEAL COMMISSIONER TEAL, JUST TO CONFIRM, YOU GUYS AREN'T CHANGING THE FOOTPRINT OF THE EXISTING GARAGE. YOU'RE JUST ACTUALLY CREATE, TAKING THE GARAGE AND MAKING IT TO AN ACCESSORY DWELLING UNIT, CORRECT? YES. THAT IS MY UNDERSTANDING. ALTHOUGH IF YOU CAN GO TO THE SITE PLAN PLEASE, WE MAY BE EXTENDING IT A FEW FEET TO THE WEST INTO THE YARD IN ORDER TO ADD SOME SPACE FOR THE KITCHEN. I THINK THERE WAS A FLOOR PLAN THAT MIGHT'VE BEEN SHARED THAT LATER ON WHERE YOU COULD SEE THAT. UM, BUT YEAH, I THINK YOU CAN SEE THERE'S A LITTLE STRIP ON THE, THE TOP OF THAT IMAGE WHERE MAYBE A FOOT OR TWO ARE EXTENDING INTO THE YARD. THANK YOU. YEAH, MY CONCERN WAS JUST THE FOOTPRINT ISN'T CHANGING ON THE, ON THE SIDE REQUESTED FOR THE VARIANT. SO CORRECT. BASICALLY THE STRUCTURES EXISTED IN THIS LOCATION FOR MANY, MANY YEARS. YES, THAT'S CORRECT. AND QUICK QUESTION IS THIS, DOES THIS HAVE GUTTERS? I THOUGHT I SAW SOME IN THE PICTURES. IT LOOKED LIKE ON THE BACK THERE WERE GUTTERS ON THE SIDE. THERE ARE NO GUTTERS 'CAUSE IT'S, THAT'S WHERE THE OKAY. UH, ANY OTHER QUESTIONS COMMISSIONER MITCH CHO MACHA, I HAVE TWO QUESTIONS. ONE, IS THIS, UH, ALONG THE LINES OF SHORT-TERM RENTALS? NO, THIS WILL BE A LONG-TERM LEASE FOR A FAMILY TO LIVE THERE PERMANENTLY, PROBABLY YEAR BY YEAR. AND TWO. HOW WILL YOU ACCOMMODATE THE NEW PARKING? SO CURRENTLY THERE WILL BE, IF YOU GO TO ONE OF THE SHOTS OF THE, THE DRIVEWAY OR THIS, YEAH, THIS WORKS. SO IN THE DRIVEWAY YOU HAVE ESSENTIALLY TWO LANES OF PARKING. SO WHAT WE'LL DO IS THE FRONT UNIT, WE'LL HAVE TWO SPACES ON THE STREET IN FRONT. THE BACK UNIT IN THE MAIN HOUSE WILL GET LANE ONE, WHICH IS THE ADJACENT TO THE HOUSE. AND YOU CAN STACK UP TO FOUR CARS. PROBABLY THERE WILL BE ONLY ONE CAR 'CAUSE THE 10 YEAR OLD PROBABLY DOESN'T HAVE A CAR, UNLIKE THE, THE APPLICANT WHO SPOKE EARLIER. UM, AND THEN THE RIGHT SIDE WHERE THOSE TRASH BINS ARE, THERE WILL BE ANOTHER LANE FOR THE GARAGE UNIT. AGAIN, YOU COULD FIT UP TO FOUR CARS IN THAT LANE AND THEN WE'LL MOVE THE TRASH TO THE OTHER SIDE OF THE HOUSE, I WOULD THINK. OKAY. IS THERE ANY OTHER QUESTIONS? UM, HEARING NONE, I'M LOOKING FOR A MOTION MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO 8 2 1 1 0 3 0 0 1 8 7. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A TWO FOOT EIGHT INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW DWELLING WITH ONE FOOT OVERHANG TO BE TWO FOOT FOUR INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 8 6 3 STEVE'S AVENUE, APPLICANT B AND NEIGHBORHOOD HOUSING SERVICES OF SAN ANTONIO. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACT OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY 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 IS TO DECREASE THE SIDE SETBACK IN ORDER TO CONVERT THE EXISTING STRUCTURE 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 CONDITIONS THAT INFANT FOREST WOULD RESULT IN UNNECESSARY HARDSHIP. BY IMPOSING A LITTLE ENFORCEMENT, THE OWNER WOULD NOT, WOULD HAVE TO SHORTEN THE LENGTH OF THE STRUCTURE OR MOVE THE ENTIRE STRUCTURE ALTOGETHER. THREE, BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPEAR OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE SETBACK IS TO PREVENT SUFFICIENT SPACE BETWEEN THE STRUCTURES AND THE PROPERTY LINE. THE SUBSTANTIAL JUSTICE WILL BE DONE AS THE STRUCTURE IS CURRENTLY DETACHED AND TWO FOOT FOUR INCHES FROM THE SIDE PROPERTY LINE. IT WILL NEED TO UNDERGO PLAN REVIEW TO FOLLOW BUILDING CODE FOR THE VARIANCE. WILL NOT AUTHORIZE THE USE OF A USE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCES 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 FOR A TWO FOOT EIGHT INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DWELLING UNIT WITH ONE FOOT OVERHANG TO BE FOUR, TWO FOOT FOUR INCHES FROM THE SIDE PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. UH, THERE WERE OTHER SIMILAR STRUCTURES WITHIN THE SURROUNDING AREA. SIX. SUPPLY OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. THE BOARD FINDS THAT THE P OF THE PROPERTY OWNER IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO THE [02:15:01] SMALLER SIZE, LOT SIZE IN GENERAL, LEAVING LESS ROOM, UH, FOR THE MINIMUM SETBACK REQUIREMENTS TO BE MET. END OF MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER MANNA, PLEASE, UH, LEAD THE DISCUSSION. UM, I WILL BE VOTING IN FAVOR OF THIS. UM, YOU KNOW, SAN ANTONIO, UM, YOU KNOW, DOES HAVE A, UH, HOUSING SHORTAGE AND I THINK FOR, UH, LOW INCOME, UM, APPLICANT SAYS IS APPROPRIATE USE OF THIS BUILDING. UM, I ALSO THINK BECAUSE WE ARE NOT EXTENDING FURTHER THAN EXISTING FOOTPRINT, UH, THAT THERE REALLY IS MINIMAL CHANGE TO THE PROPERTY ITSELF. AND SO I WILL BE VOTING PAPER COMMISSIONER CRUZ. UM, YES, I CONCUR WITH MY COLLEAGUE. I THINK THIS WILL BE A GOOD PROJECT FOR THEM. THANK YOU. UH, ANYONE ELSE? MINCHA COMMISSIONER MINKA AND THEN COMMISSIONER. GO AHEAD. COMMISSIONER CHAKA, I, UH, I COMMEND YOU FOR EFFORT IN FINDING OUT, UH, WHAT YOU'RE DOING AND FINDING WAYS TO GET PEOPLE HOMES AND GET 'EM SOME SHELTER AND PEOPLE ESPECIALLY PEOPLE OF NEED. THANK YOU. WAS THAT COMMISSIONER KAPLAN THAT YES, IT WAS. YES. GO AHEAD, COMMISSIONER. AND I, I I AGREE WITH WHAT COMMISSIONER MENCHACA, UH, JUST SAID. I DO THINK THERE'S A, A VERY STRONG NEED FOR AFFORDABLE HOUSING AND I COMMEND YOU FOR COMING UP WITH CREATIVE WAYS TO GET IT DONE. THANK YOU VERY MUCH. UH, IS THERE ANYONE ELSE? UH, HEARING NONE? STAFF, PLEASE TAKE A ROLL CALL. VOTE MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MR. MANCHACA. I CONCUR. MR. VAZQUEZ. I CONCUR. MS. CRUZ. I CONCUR. MR. MANA. I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNIGA. I CONCUR. MR. TEAL. YES. I CONCUR WITH THE FINDINGS OF FACT. MS. INGLES? YES, I CONCUR. CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ZERO. UH, YOU CAN GET WITH STAFF AND IF YOU HAVE ANY QUESTIONS. UH, NEXT ITEM IS APPROVAL OF THE MINUTES. HAS EVERYONE HAD A CHANCE TO READ OR ARE THERE ANY PROPOSED AMENDMENTS? HEARING NONE. LOOKING FOR A MOTION FOR THE APPROVAL OF MINUTES. BRUCE CRUZ. COMMISSIONER CRUZ. I MOVE THAT WE APPROVE, UH, THE MINUTES FOR THE LAST, FOR THE DECEMBER MEETING. GREAT. IS THERE A SECOND? SECOND. KAPLAN SECOND. COMMISSIONER. KAPLAN HAS A SECOND. UH, CAN WE DO THIS BY VOICE? VOICE, UH, VOICE VOTE PLEASE. SO ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? SAY NAY. HEARING NONE. MOTION PASSES. AND NOW WE HAVE THE LAST ITEM IS THE DIRECTOR'S REPORT REGARDING ELECTIONS. YES. SO EVERY OTHER YEAR, WHICH IS, UM, THE JANUARY THAT FOLLOWS THE ELECTION OF CITY COUNCIL, UH, WE HAVE A ELECTION OF OFFICERS. UH, SO SINCE WE HAVE TWO MEETINGS IN JANUARY FOR THIS CALENDAR YEAR, UH, WE, UH, WANTED TO MAKE SURE THAT TO, UH, GIVE YOU NOTICE HERE TODAY. SO THAT WAY YOU KNOW THAT WE'RE GOING TO LIST AS AN ITEM OF THE ELECTION OF OFFICERS AT THE NEXT MEETING, WHICH IS JANUARY 24TH. UH, SO IT IS, UH, THE ELECTION OF CHAIR, VICE CHAIR AND PRO TEM. SO JUST A QUICK REMINDER, NO WALKING FORUMS. UH, SO IF YOU ARE, UH, TRYING TO, UM, PUT YOUR NAME IN THE HAT, SO, UH, PLEASE, UH, AVOID ANY, UH, EMAILS RE REGARDING IT. SO FIGURED AT THE DIRECTOR'S REPORT IF PEOPLE WANT TO STATE SOMETHING NOW YOU CAN. AND THAT WAY EVERYONE KNOWS OF YOUR INTENTION, I'M GONNA GO AHEAD AND STATE THAT. I WOULD LOVE TO BE CHAIR AGAIN. I'M JUST PUTTING THAT OUT THERE. IF ANYONE ELSE LIKE TO CHIME IN, THAT'D BE GREAT. TEAL, I'M, I'M HAPPY AS WITH MY POSITION AS PROTIME AND WE'LL CONTINUE TO SERVE. IF SO, I LEFT IT. OKAY. WELL WITH THAT AND I HAVEN'T HEARD ANYTHING FROM MR. UNA THAT HE DOESN'T WANT TO BE VICE CHAIR, BUT WE'LL KNOW AT THE NEXT MEETING. , WE SURE WILL. OKAY. MARIO WANTS TO GO AROUND FOR VICE CHAIR. OH, WELL THERE'S NOTHING ELSE. I'M ADJOURNING THE MEETING. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.