[00:00:03]
UH, IF EVERYONE COULD PLEASE SILENCE THEIR MOBILE DEVICES.
UH, THE MEETING OF THE BOARD OF ADJUSTMENTS JANUARY 24TH.
WILL HEREBY COME TO ORDER? STAFF, PLEASE CALL ROLL.
UH, PLEASE STAND AND JOIN US TO THE PLEDGE OF ALLEGIANCE, STATES OF AMERICA, ONE NATION.
SO, UH, I'D LIKE THE, UH, SPANISH INTERPRETERS TO COME OUT AND GIVE THEIR PRESENTATION PLEASE.
THIS ANNOUNCEMENT IS TO INFORM YOU THAT WE DO HAVE SPANISH INTERPRETATION SERVICES AVAILABLE.
FOR THOSE OF YOU IN NEED OF SPANISH INTERPRETATION SERVICES, PLEASE FEEL FREE TO REACH OUT TO THE INTERPRETERS LOCATED AT THE CABIN WHERE THE RED CURTAINS ARE LOCATED.
SO, BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.
UH, THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS.
I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
SO, WE ARE ALL PRIVATE CITIZENS APPOINTED TO THIS BOARD BY CITY COUNCIL.
THE BOARD IS SUPPORTED BY THE 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 IN SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO 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 CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER.
AFTER EVERYONE HAS HEARD THE CASE, IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION.
IN ORDER FOR A MOTION TO CARRY.
IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIALS.
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, STAFF IF YOU COULD DO YOUR PRESENTATION PLEASE.
[00:05:01]
SO STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXCEPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION.
FOLLOWING THIS PRESENTATION IN ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION.
YOU WILL BE CALLED AN ORDER THAT YOU SIGNED UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION YOU WILL HEAR.
WE WILL NOTIFY YOU WHEN YOUR THREE MINUTES ARE UP.
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.
ALRIGHT, SO TODAY WE HAVE 11 CASES IN THE ELECTION OF OFFICERS.
[Other Items]
I'M GONNA BE MOVING UP THE ELECTION TO OFFICERS AT THE BEGINNING.I HEREBY TURN THE MEETING OVER TO, UM, STAFF TO RUN THE ELECTION.
SO FIRST WE'LL START WITH, UM, THE NOMINATIONS FOR PRO TEM.
WHAT I'LL DO IS, UM, IF THERE ARE MULTIPLE NOMINATIONS FOR PRO TEM, UH, THEN WE'LL DO A, UH, VOICE VOTE, UH, BY CALLING YOU OUT INDIVID OH, I'M SORRY.
A ROLL CALL VOTE BY CALLING YOU OUT INDIVIDUALLY.
UM, IF THERE IS JUST ONE NOMINATION FOR PRO TEM, THEN WE'LL DO A VOICE VOTE.
IF THERE'S ANY OPPOSITION TO THAT, THEN UH, WE'LL NOTE IT FOR THE RECORD TO BE SURE THAT WE CAPTURE IT APPROPRIATELY.
UM, SO DO I HAVE NOMINATIONS FOR PRO TE CRUZ? OH, I'D LIKE TO NOMINATE THE SAYS THI.
ANY, ANY SAY, ANY OPPOSITION, SAY NAY.
CONGRATULATIONS MR. TEAL, YOU ARE PRO TE ALL NOW TAKE NOMINATIONS FOR VICE CHAIR.
ANY OTHER NOMINATIONS? ALL IN FAVOR SAY AYE.
AND FINALLY, CHAIR NINA NOMINATION FOR CHAIR TEAL.
ANY OTHER NOMINATIONS? ALL RIGHT.
YOU HAVE, UH, ANOTHER TERM AND I'LL HAND IT BACK OVER TO YOU,
[ Briefing and Possible Action on the following items ]
WE'RE GOING TO, UH, START WITH, UH, ITEM NUMBER ONE.UH, BO O E CASE 21 DASH 1 0 3 0 0 1 5 9.
ADDRESS IS 1118 SOUTH MESQUITE STREET CITY COUNCIL DISTRICT NUMBER TWO.
APPLICANT IS A RE GUTIERREZ REQUEST FOR ONE A FOUR FOOT 11 INCH VARIANCE FROM THE FIVE FOOT MINIMUM REAR AND SIDE SETBACK REQUIREMENTS TO ALLOW AN ACCESSORY DETACHED STRUCTURE DWELLING UNIT TO BE ONE INCH FROM THE SIDE PROPERTY, LINE SIDE AND REAR PROPERTY LINE.
AND TWO, A 2,164 SQUARE FOOT VARIANCE FROM THE 4,000 SQUARE FOOT MINIMUM REQUIREMENTS TO ALLOW A 1,836 SQUARE FOOT.
LOT SIZE VARIANCE ZONING IS A RESIDENTIAL MIX AIRPORT HAZARD OVER THERE.
UM, APPLICANT IS REQUESTING A CONTINUANCE TO MONDAY, FEBRUARY 7TH.
UH, IS THERE A LIMIT TO HOW MANY CONTINUANCES THAT CAN BE REQUESTED BY THE APPLICANT? NO, THERE'S NO CODE LIMITATION.
UM, BUT, UH, IT IS UP FOR A VOTE.
AND WHAT IS THE DATE? FEBRUARY 7TH.
IS THERE ANYBODY SIGNED UP? IS THERE ANYONE SIGNED UP TO SPEAK? NO, THERE'S NO ONE SIGNED UP.
I'M LOOKING FOR A MOTION FROM TEAL.
I PROPOSE THAT, UH, THE CASE 1 1 1 8 SOUTH MESQUITE IS CONTINUED TO FEBRUARY 7TH, 2022.
[00:10:01]
DELMER.CHAIR ORIAN AND I ALSO VOTE? YES.
UH, MOTION PASSES UNANIMOUSLY.
CASES CONTINUED TO FEBRUARY 7TH.
ITEM NUMBER TWO IS CASE BO O A 21 1 0 3 0 0 1 75.
THIS CASE WAS CONTINUED FROM DECEMBER 20TH.
UM, THE SUBJECT PROPERTY IS LOCATED AT 700 DAWSON STREET.
UM, THEY'RE ALSO ASKING FOR A CONTINUANCE TO FEBRUARY 21ST TO ALLOW FOR MORE COMMUNICATION WITH THE SURROUNDING PROPERTY OWNERS.
IS THERE ANYONE SIGNED UP TO SPEAK OR VOICEMAILS? NO.
I'M LOOKING FOR A MOTION TEAL.
I MOVE THAT, UH, 700 DAWSON IS CONTINUED TO FEBRUARY 21ST.
I HAVE A MOTION AND A SECOND, UH, MOTION BY TEAL.
UH, AS ITEMS CONTINUED, UH, NEXT'S CASE PLEASE.
AGENDA ITEM NUMBER THREE IS CASE BO O A 21 103 0 0 1 70.
THE SUBJECT PROPERTY IS LOCATED AT 1455 WEST VETTE BOULEVARD.
THIS IS WITHIN COUNCIL DISTRICT FOUR.
THE APPLICANT IS PATRICK CHRISTENSEN, AND THE REQUEST IS FOR A HALF STA HALF STORY VARIANCE FROM THE TWO AND A HALF STORY MAXIMUM TO ALLOW A MULTI-FAMILY STRUCTURE TO BE THREE STORIES TALL WITHIN THAT 50 FOOT, 50 FOOT RESIDENTIAL SETBACK.
UM, THE SUBJECT PROPERTY IS ZONED MULTI-FAMILY RESIDENTIAL.
SO THE SUBJECT PROPERTY, UM, DOES ABUT SINGLE FAMILY RESIDENTIAL ZONING, UM, TO THE REAR AND THE SIDES.
THE MULTI-FAMILY DEVELOPMENT IS BEING PROPOSED.
UM, IT'S BEING PROPOSED TO BE TWO AND A HALF STORIES TALL.
NO, THE LIMIT IS TWO AND A HALF STORIES TALL.
BUT THEY'RE PROPOSING THREE STORIES WITHIN THAT 50 FOOT RESIDENTIAL SETBACK.
UM, THE CODE WAS AMENDED IN 2019 TO ALLOW MAXIMUM HEIGHT OF 45 FEET.
AS A RESULT, UM, A TASK FORCE WAS PUT TOGETHER TO FORMULATE SOME AMENDMENTS TO ADDRESS THIS 45 FOOT HEIGHT ALLOWANCE.
UM, THIS WILL ONLY ALLOW THESE AMENDMENTS WERE ONLY ALLOWED TO BE 35 FEET.
UM, THERE IS A SINGLE FAMILY RESIDENTIAL USE ON THE PROPERTY DIRECTLY TO THE EAST, AND SINGLE FAMILY ZONING DOES ALLOW A MAXIMUM OF 35 FEET OR TWO AND A HALF STORIES TALL.
UM, THERE IS NO VARIANCE TO THE HEIGHT MAXIMUM.
IT'S ONLY TO THE, THE STORIES THAT ARE ALLOWED WITHIN THAT RESIDENTIAL SETBACK.
SO THE PROPOSED MULTIFAMILY BUILDING IS 35 FEET TALL, BUT WOULD BE THREE STORIES TALL.
UM, THE HALF STORY MEASUREMENTS ARE TAKEN FROM INSIDE THE STRUCTURE AND NOT FROM, UM, AND IT'S, IT'S APPLIED TO THE HABIT SPACE.
HERE'S AN IMAGE OF THE SITE PLAN.
THIS IS A RENDERING OF THE PROPERTY.
THIS IS A SUBJECT PROPERTY IN THE SURROUNDING AREA.
UH, STAFF RECOMMENDS DENIAL AND BO O A 21 1 0 3 0 0 1 7 0 BASED ON THE FOLLOWING FINDINGS OF FACT.
ONE, THE PROPOSED MULTIFAMILY WILL BE THREE STORIES TALL, AND TWO, THE ABUTTING RESIDENTIAL STRUCTURE IS RESTRICTED TO TWO AND A HALF STORIES.
STAFF DID MAIL SEVEN NOTICES TO PROPERTY OWNERS WITHIN 200 FEET.
UM, NONE WILL RETURN IN FAVOR.
THERE IS ONE PROPERTY IN OPPOSITION AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION.
UH, WE DO HAVE SOME VOICEMAILS AND PUBLIC COMMENT FOR THIS CASE, AND WE'RE AVAILABLE FOR ANY QUESTIONS.
COMMISSIONER TEAL IS THE ONLY REASON THIS IS HERE IS BECAUSE THE PROPOSED STRUCTURE GOES INTO
[00:15:01]
THE SETBACK, OTHERWISE, MULTIFAMILY 33 DOES HAVE A HIGHER HEIGHT, CORRECT? CORRECT.YEAH, IT'S, IT'S ONLY FOR THAT 50 FOOT SETBACK THAT'S BUDDING THE RESIDENTIAL.
UH, IS THE APPLICANT HERE? PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
PATRICK CHRISTENSEN, THREE 10 SOUTH ST.
NO, THERE'S, I HAVE A QUICK LITTLE PRESENTATION I'D LIKE TO MAKE, AND I'M ALSO HERE WITH, UH, EFRIN AND GILBERTO VERA.
THEY'RE THE DEVELOPERS AND EFRON'S THE ARCHITECT.
DO YOU HAVE ANY DETAILED QUESTIONS? OKAY, HERE WE GO.
DO I NEED TO TELL Y'ALL TO GO? YEAH.
UM, SO AS STAFF MENTIONED, THE REASON WHY WE'RE HERE TODAY WE'RE, WE'RE SUBJECT TO A 35 FOOT HEIGHT LIMITATION.
WHAT'S THE PROBLEM IS THE TWO AND A HALF STORY.
YOU KNOW, NORMALLY WHEN YOU, IF YOU LOOK AROUND INNER CITY, SAN ANTONIO, WHY YOU SEE SO MANY TWO STORY, UH, TOWN HOME, KIND OF, UM, SINGLE FAMILY HOMES IN THE INNER CITY, YOU'LL NOTICE THE, THE TOP FLOOR WILL BE HALF, IT'LL BE LIKE A MASTER BEDROOM WITH SORT OF LIKE A ROOFTOP DECK.
TECHNICALLY THREE STORIES, BUT UNDER THE CITY PARLANCE, IT'S 2.5 STORIES.
'CAUSE WE'D LIKE TO HAVE THAT NORTHERNMOST BUILDING BE THREE FULL STORIES.
AND THAT'S WHY WE'RE HERE TODAY.
SO THIS IS REALLY, IF YOU SAW THAT INITIAL PHOTO, THIS IS TWO STORIES AND THIS IS THREE STORIES.
AND THERE IS A SINGLE FAMILY HOME DOWN HERE AND A LONG SKINNY PROPERTY THAT I'LL SHOW YOU IN A MINUTE.
AND THIS IS A LITTLE BIT CLOSER, UM, THAT, THAT BUILDING IS 35 FEET.
SO WE CAN MEET THE HEIGHT LIMITATION.
IT'S JUST THE STORY LIMITATION.
SO THIS IS THE SUBJECT PROPERTY.
THIS IS MALLY BOULEVARD THAT WAS NEVER BUILT.
UM, I'M NOT SURE WHY THAT ARROW'S GOING BACK AND FORTH.
IS THAT ME? IS THAT Y'ALL? OH, OKAY.
THIS IS THE ADJOINING PROPERTY.
IT'S, AND I'M GONNA SHOW YOU WHY THESE ARE SUCH A REGULAR LOTS.
UM, THIS IS OUR, OUR CLOSEST ACTUAL SINGLE FAMILY HOME TO WHERE WE'RE ASKING FOR THE VARIANCE.
UM, SO THIS IS THE PROPERTY RIGHT HERE, AND THIS IS OUR IMMEDIATE NEIGHBOR.
UM, THIS PROPERTY IS 50 FEET WIDE AND 850 FEET LONG, SO IT'S A VERY LONG SKINNY PROPERTY.
WHAT I WANTED TO SHOW YOU IS THIS SUBDIVISION WAS INITIALLY PLOTTED BACK IN, UH, 1928.
AND ZOOM ME A LITTLE BIT CLOSER.
THIS IS VIA RED STREET, AND THEN THIS IS THE MALLY STREET UP HERE.
UM, THESE, I'LL SHOW YOU ON THE NEXT SLIDE.
THE, THIS IS NOT EVEN A FULL 10 ACRES.
AND YOU CAN SEE HOW THE SUBDIVISION HAS JUST BEEN COMPLETELY CHOPPED UP.
THESE ARE PROBABLY 5,000 SQUARE FOOT LOTS, AND YOU HAVE A LOT OF IRREGULAR LOTS.
SO AS FAR AS IS YOUR PROPERTY IN A REGULAR LOT, I THINK WE CAN MEET THAT, THAT REQUIREMENT OF A BOARD OF ADJUSTMENT VARIANCE.
IT'S A VERY NOT TOO WIDE AND VERY LONG PROPERTY.
UM, I BELIEVE THE X THAT THE STAFF WAS SHOWING IS INCORRECT.
I BELIEVE THIS IS THE PROPERTY THAT'S IN OPPOSITION.
WE HAVE A SUPPORT LETTER FROM THEM AS WELL.
UM, SO THIS IS OUR IMMEDIATE NEIGHBOR, UH, MICHAEL GONZALEZ.
HE'S IN SUPPORT, YOU KNOW, HIS PROPERTY.
UH, IF YOU CAN GO BACK ONE, ONE SLIDE PLEASE.
SO, LIKE I SAID, THIS IS 850 FEET LONG, 50 FEET WIDE.
IT'S VERY DAPPLED THAT ANYONE WILL BUILD UP IN THIS PART OF THE PROPERTY.
AND LIKE I SAID, THE HOUSE IS ALREADY DOWN HERE.
YOU KNOW, THE CODE REQUIRES A 50 FOOT SETBACK BEFORE WE CAN GO TO THREE FULL STORIES.
THIS IS OUR 50 FOOT SETBACK RIGHT HERE.
I MEAN, SO THERE IS A SINGLE FAMILY HOME HERE THAT'S IN OPPOSITION.
WE'VE GOT THE 50 FEET THAT THE CODE IS REQUIRING, AND THEN WE'RE ASKING FOR THE, THE, THE THREE STORIES ON OUR PROPERTY.
SO THIS IS THE, THE PALO ALTO SUPPORT LETTER FROM ACROSS THE STREET.
NOW, I, I DID NOT HAVE THE CONVERSATION WITH TEXAS A AND M, BUT WHEN MY CLIENTS WERE SPEAKING TO PALO ALTO AND TEXAS A AND M, TEXAS A AND M WAS TELLING US THAT THEY DON'T HAVE ENOUGH DORM CAPACITY FOR THEIR STUDENTS.
AND THEY'RE ACTUALLY HAVING TO PAY FOR HOTEL ROOMS FOR THEIR STUDENTS THAT NEED DORM HOUSING.
SO THEY'VE GIVEN US A SUPPORT LETTER BECAUSE THEY WOULD LIKE TO APPROACH MY, MY CLIENT TO ACTUALLY HOUSE SOME STUDENTS, RENT SOME UNITS FROM THEM TO HOUSE THE STUDENTS ON THIS PROPERTY.
AND THAT'S OUR BASIC PRESENTATION.
LIKE I SAID, WE CAN BUILD A 35 FEET.
RIGHT NOW, IT'S JUST THAT HALF STORY.
CAN WE FILL THAT IN THAT HALF STORY FOR THE, THE BUILDING WE HAVE AT THE NORTHERNMOST END OF THE SITE? AND I KNOW THERE'S SOMEONE IN HERE IN OPPOSITION.
I WOULD JUST LIKE A LITTLE BIT OF REBUTTAL TIME TO ANSWER ANY QUESTIONS THAT YOU HAVE AT, AT THAT TIME.
SO WE'LL, UH, WHO SIGNED UP TO SPEAK FIRST WE HAVE JESSE ORTIZ.
IF YOU COULD PLEASE COME AND STATE YOUR NAME AND ADDRESS AND YOU CAN BEGIN YOUR STATEMENT.
[00:20:01]
WHICH I'M THE PROPERTY ON THE RIGHT SIDE OF THAT.I ALSO OWN THE TWO LOTS NEXT TO IT.
I DON'T KNOW WHAT, CAN YOU UNDERSTAND? CAN Y'ALL HEAR ME OKAY? UH, I HAVE A LETTER HERE THAT WE'VE BEEN ARGUING ABOUT WHAT THEY BUILT 35 YEARS AGO.
I GOT THIS FROM MY NEIGHBOR WHEN SHE WAS STILL ALIVE THAT THEY'VE BEEN ARGUING ABOUT IT.
CAN YOU GIVE, IT TELLS YOU IT CAN BE, UH, STAFFING.
I, I ASSUME YOU, YOU HAVE A LETTER FROM THERE.
ANYWAY, UM, WE'VE BEEN ARGUING ABOUT IT, ABOUT THREE STORIES.
AND FOR THEM, NOT FOR THE TRAFFIC TO THE RESIDENTIAL AREA, WE DIDN'T MIND IF THEY OPENED IT TO ETTE, TO ETTE.
UH, I KNOW HE SAID THAT THEY WERE BUILDING IT FOR TEXAS A AND M, TEXAS A AND M'S NOT EVEN THERE ANYMORE.
THEY MOVED ACROSS THE STREET TO JUST A COMMUNITY COLLEGE.
NOW, UH, I KNOW WE CAN'T STOP IT.
I KNOW THAT THE COMMUNITY HAS TO GROW.
I WOULD LOVE THAT THEY WOULD'VE BUILT HOMES THERE.
THAT WE ALREADY ARGUED ABOUT THE OTHER CORNER THAT WE'RE GONNA BUILD SOME HOMES THERE.
AND WE TOLD THEM, THAT'S FINE.
OUR NEIGHBORS DIDN'T WANTED IT, BUT I TOLD 'EM, WE KNOW THAT WE HAVE TO GROW.
AND THEY SAID, WE JUST WANTED BRICK AND 1200 SQUARE FOOT HOMES.
AND THAT'S WHAT THEY BUILT ACROSS THE STREET FROM THERE, THEY HAD A LITTLE PLACE THEY CALL LITTLE MEXICO.
AND THAT'S THE REASON THAT WE WERE ARGUING, UH, WHAT THEY WERE DOING.
'CAUSE THERE WERE DUMPS AND WE DIDN'T WANT THAT IN OUR COMMUNITY, BUT WE DIDN'T FOUGHT IT AT THAT TIME.
SO THEY BUILT THEM, BUT THEY FINALLY KNOCKED THEM DOWN.
WE JUST DON'T WANT TRASH IN OUR NEIGHBORHOOD.
UH, I, I SAW A SMALL PICTURE OF WHAT THEY'RE TRYING TO DO.
UH, BUT WHERE THEY WANNA BUILD THE THREE STORIES IS OVER THERE WHERE I LIVE.
I KNOW THAT THE OWNER THAT OWNED ALL THOSE LOTS, HE OWNED ALL, HE BOUGHT A BUNCH OF THEM BECAUSE HE WANTED TO BUILD THE DORMS FOR THE COLLEGE AT ONE TIME.
BUT I DON'T KNOW HOW THEY ONLY GOT ONE PIECE OF IT.
I KNOW THAT THAT LITTLE HOUSE AND ALL THE, THOSE LOTS TOGETHER WERE ALL PUT TOGETHER.
HE HAD BOUGHT 'EM OUT, WHICH I DON'T HAVE A PROBLEM WITH US GROWING IT.
JUST THAT, UH, WHEN THEY FOUGHT IT 35 YEARS AGO, THEY WANTED JUST TWO STORY.
UH, ONE OF, UH, SINGLE APARTMENTS FOR TWO ADULTS.
TWO, TWO BEDROOMS FOR FOUR ADULTS.
UH, TO, TO MAINTAIN THE FENCE, TO HAVE SECURITY.
UH, AND IF THEY SOLD THEIR PROPERTY TO SOMEBODY ELSE TO KEEP THAT ORDINANCE IN, THAT THEY WOULD MAINTAIN IT.
THE ONLY REASON WHY I DON'T WANT THE STREET IN THE BACK, MOLLY, UH, BECAUSE I THINK YOU ALL ARE GONNA ONLY EXTEND IT TO THEM.
AND THEY SEEM TO THROW A LOT OF TRASH IN THAT AREA.
AND I'M THE ONE THAT CLEANS IT UP.
I WON'T HAVE CONTROL OF THAT NO MORE.
THE CITY USED TO MAINTAIN IT BEFORE, BUT THEY STOPPED.
AND I'M THE ONE THAT KEEPS UP WITH THAT TRASH THERE.
PEOPLE JUST GO AT NIGHT AND START THROWING STUFF AND I WON'T BE ABLE TO TAKE CARE OF IT NO MORE WHEN IT GETS, IF THE STREET GETS GROWN, IF THEY OPEN UP THE STREET ALL THE WAY TO THE CHURCH.
15 YEARS AGO, THEY WERE TRYING TO BUILD SOME APARTMENTS IN THE CORNER OF GILLETTE AND PALO ALTO AND THE CITY.
WE GOT TOGETHER, THEY PROTESTED IT.
WE GOT OVER A HUNDRED SIGNATURES AND WE STOPPED IT.
AND NOW THEY'RE BUILDING A BIG CHURCH.
PATEL'S BUILDING A BIG CHURCH, WHICH THAT'S OKAY.
UH, I THINK THAT THE COMMUNITY IS SPEAKING WITH THIS LETTER 35 YEARS AGO.
UH, WE JUST, PEOPLE DON'T WANT TO TALK.
YOU KNOW, I DIDN'T HAVE ENOUGH TIME, OTHERWISE WE WOULD'VE PETITIONED IT.
AND IT'S, IT'S A COINCIDENCE THAT IT'S THE SAME ADDRESS THAT THEY FOUGHT 35 YEARS AGO.
AND I GUESS THEY DIDN'T DO IT AFTER ALL.
'CAUSE IT WAS TOO STRICT FOR THEM OR WHAT.
WE JUST WANT A NICE COMMUNITY.
I KNOW THAT THE CITY HAS TO GROW AND EVERYTHING.
I WOULD PREFER AFFORDABLE HOUSING.
'CAUSE HOUSES ARE CRAZY RIGHT NOW.
SO WE, SOME PEOPLE CAN'T MOVE INTO SOMETHING LIKE THAT.
I I WANT MY COMMUNITY TO GROW.
BUT I I HOPE THAT Y'ALL READ THE LETTER A LITTLE BIT, WHAT WE WERE TALKING ABOUT 35 YEARS AGO.
AND, AND WE CAN COME, DON'T OPEN MY STREET.
I LIKE, WE DON'T EVEN HAVE SIDEWALKS.
WHEN THEY WORKED ON THE STREET THREE YEARS AGO, THE CITY SAID, OH, WE DON'T HAVE ENOUGH IN OUR BUDGET TO WORK ON OUR SIDEWALKS.
WE'RE ONLY SEVEN HOUSES IN THAT LITTLE CORNER THERE.
AND, UH, SO, YOU KNOW, WE APPRECIATE.
WE MAY HAVE QUESTIONS FOR YOU, YOU KNOW, AS WE MOVE THROUGH THIS CASE.
IS THERE ANYONE ELSE SIGN UP TO SPEAK? YES.
NEXT WE HAVE YVETTE DE LA CRUZ.
IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, AND THEN YOU CAN BEGIN
[00:25:01]
YOUR STATEMENTS.HI, MY NAME IS YVETTE DE LA CRUZ.
UM, MY FATHER IS JESSE ORTIZ, WHO LIVES AT 1930 WEST M I OWN THE PROPERTY WITH HIM NEXT TO IT, 1930 WEST MALLY AT 1922.
UM, SO ME AND MY FATHER WHEN MY DREAM WAS TO BUILD MY FOREVER HOME AT 1922 WEST VALLEY.
SO WHEN HE RECEIVED THIS LETTER OPPOSING, UM, YOU KNOW, THE BUILD OF THE THREE STORY MULTIFAMILY, UM, I DEFINITELY WANTED TO SPEAK TODAY.
'CAUSE TO ME, YOU KNOW, HAVING THIS OPENED UP IS MAKING ME REALLY CONSIDER IF I EVEN WANNA MOVE FORWARD WITH MY HOME.
UM, IT'S A BUILD THAT WE WERE WANTING TO DO.
I HAVE IT EXTENDED 'CAUSE IT'S A TWO ACRE, UM, LAND.
UM, BUT NOW LOOKING AT THE SAFETY OF MY KIDS, YOU KNOW, WHERE IT'S, YOU KNOW, IT'S NOT PRIVATE ANYMORE.
I DON'T KNOW WHAT THE TRAFFIC WOULDN'T TELL OPENING UP IF THEY OPEN UP THE TR THE ROAD OR NOT.
SO IT'S JUST ME WANTING TO SPEAK TODAY JUST TO SAY THAT I'M AGAINST THIS BUILD.
UM, AND, YOU KNOW, WITH, WITH THE PROPERTIES THAT WE OWN, MY FATHER OWNS THE PROPERTY THAT HE LIVES AT 1930 WEST MALLY, 1922.
AND THEN THEY OWN THE PROPERTY NEXT DOOR TO ME.
SO THERE'S ONLY TWO OTHER PROPERTIES IN OUR STREET.
UM, IT'S JUST SOMETHING THAT WE JUST DON'T FEEL THAT'S GONNA BE THE RIGHT FIT FOR US.
I JUST HOPE THAT Y'ALL CONSIDER THAT WE ARE AGAINST THIS PROPERTY.
AND, YOU KNOW, LIKE MY FATHER SAID, IF WE HAD MORE TIME, WE WOULD'VE GOTTEN MORE VOTES AGAINST THIS AS WELL.
ANYONE ELSE? AND THEN WE HAVE VIRGINIA ORTIZ.
HELLO, MS. ORTIZ, IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS.
UH, VIRGINIA ORTIZ, 1930 WEST MALLY BOULEVARD.
UM, I WISH TO OPPOSE THE BUILDING OF THE THREE STORE APARTMENT IN THE REAR OF WEST MALLY.
MS. ORTIZ, CAN YOU MOVE THE MICROPHONE DOWN JUST A LITTLE? THANK YOU VERY MUCH.
UM, AGAIN, I WAS, I WAS TO OPPOSE THE, UH, THE THREE STORY OF THE APARTMENT.
MY REASONS ARE DUE TO LACK OF PRIVACY AND PAST, UH, EXPERIENCES.
UM, I, FOR UNFORTUNATELY DO SPEAK FROM EXPERIENCE FROM OUR FIRST HOME AT 6 0 2 WEST VEST PLACE WHERE WE LIVED 14 YEARS.
THE TENANTS, UM, OUR HOME HAD APARTMENT, AN APARTMENT IN OUR BACKYARD ON WEST HUTCHINS.
AND, UH, THEY WOULD THROW A LOT OF TRASH IN OUR YARD.
I WOULD GO OUTSIDE WITH A BAG TO PICK UP THE TRASH AND USUALLY WOULD FILL, UH, HALF A BAG OR MORE.
UH, THE SECOND FLOOR THERE, UH, SOMETIMES DID NOT WANNA TAKE THEIR TRASH TO THE DUMPSTER, SO THEY WOULD THROW IT IN OUR YARD.
THIS WAS NOT ONLY ON MY YARD, BUT OTHERS AS WELL.
AT TIMES, I FOUND USED SYRINGES.
ALSO, I WOULD HAVE TO WALK THE YARD BEFORE MY ALLOWING MY CHILDREN TO PLAY OUTSIDE AND NOT ALLOW THEM, NOT ALLOWING THEM TO GET, BE TOO CLOSE TO THE FENCE FOR PRIVACY.
IN THE REAR OF OUR HOME, WHICH WAS TWO BEDROOMS AND THE KITCHEN, I HAD CURTAINS CLOSED ALL TIME.
ALL THE TIME I HAD MY KITCHEN WINDOW TINTED.
BUT AT NIGHT, I WOULD CLOSE THE CURTAINS BECAUSE I DIDN'T WANT THEM TO LOOK INSIDE MY HOME.
UH, THE APARTMENTS DID NOT, DID HAVE A PRIVACY FENCE.
HOWEVER, LOTS OF THE BOARDS ON THE FENCE WERE MISSING.
AND AFTER YEARS OF ASKING THE APARTMENTS TO FIX THE FENCE TO NO AVAIL, I, I FINALLY FOUND OUT THAT I COULD SIMPLY CALL 3 1 1.
UM, IN 1997, WE WERE EXCITED TO MOVE AND BUILD OUR HOME.
ON WEST M OUR NEIGHBORS HAVE HALF AN ACRE TO AN ACRE AND A HALF LOTS.
WE REALLY ENJOYED, HAVE ENJOYED OUR QUIET AREA AND PRIVACY.
UM, I ONLY WISH TO STATE THAT IF YOU, UH, ALLOW THE THIRD FLOOR TO BE BUILT ON THE APARTMENTS, IT WILL DECREASE OUR PRIVACY EVEN MORE.
I CAN ONLY ASK FOR YOU TO PLEASE DENY THE THIRD FLOOR, SINCE I UNDERSTAND THE SECOND FLOOR HAS ALREADY BEEN APPROVED.
THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER.
IS THERE ANYONE ELSE? UH, WE HAVE THREE VOICEMAILS AND I'M NOT SURE IF THEY'RE FROM THE PUBLIC THAT SPOKE TODAY.
[00:30:01]
NAME IS YVETTE DE LA CRUZ.MY PHONE NUMBER IS (210) 409-7701.
MY HOME THAT I OWN IS AT 1 9 2 2 WEST MAUI BOULEVARD.
MY TELEPHONE NUMBER IS TWO 10.
WE'RE GONNA OPEN THIS UP TO COMMISSIONER QUESTIONS.
UH, WHO'D LIKE TO GO FIRST? BRAGMAN KAPLAN.
AND KAPLAN? OH, SURE, YOU CAN.
UM, COMMISSIONER, I THINK I CAN ADDRESS AT LEAST A COUPLE OF THEIR CONCERNS.
I, I HAVE HAD EMAILS BACK AND FORTH WITH THEM.
I'VE SENT THEM OUR, OUR LAYOUTS AND OUR SITE PLANS, AND I ASKED FOR A MEETING.
I JUST NEVER WAS ABLE TO GET ONE.
UM, WE'RE NOT OPENING UP MALLY BOULEVARD.
WE DO HAVE TO CONSTRUCT, OF COURSE, WHAT'S ABUTTING OUR PROPERTY WITH THE REPL.
UM, OUR ACCESS TO MALLY BOULEVARD WILL ONLY BE A FIRE EMERGENCY GATE.
SO ALL OF OUR TENANTS WILL BE COMING TO AND FROM THE PROPERTY OUT VIA VIA T BOULEVARD, UNLESS THERE'S A FIRE OR SOMETHING.
AND THEN FIRE OR EMERGENCY CAN ACCESS ON, ON MALLY BOULEVARD.
UM, CAN YOU GO TO MY PRESENTATION REAL QUICK? I JUST WANNA SHOW YOU ONE THING.
UM, AND AS A NEW COMPLEX, THEY'RE GOING TO HAVE, YOU KNOW, THE NORMAL, UH, MANAGEMENT COMPANY WITH CRIMINAL BACKGROUND SCREENING, THINGS LIKE THAT.
CAN YOU GO TO THE SECOND TO LAST SLIDE? SO, IN MY CONVERSATIONS WITH THE ORTIZ FAMILY, THEY, THEY SENT US THESE, IT WAS A, LIKE A DEEDED RESTRICTION TYPE DOCUMENT THAT WAS DONE WHEN THEY REZONED THE PROPERTY 35 YEARS AGO IN 1985.
CAN YOU GO TO THE NEXT PAGE? UM, SO I IMMEDIATELY LOOKED UP, YOU KNOW, THEIR TITLE POLICY AND LOOKED IT THROUGH THE BEXAR COUNTY RECORDS.
I MEAN, NOTHING WAS EVER RECORDED.
SO THEY'RE TECHNICALLY AN INNOCENT PURCHASER, AS YOU ALL KNOW, FOR DEEDED RESTRICTIONS TO BE VALID.
THEY HAVE TO BE SIGNED AND NOTARIZED BY THE OWNER AND, AND BE RECORDED.
AND THEY WERE NOT, THIS WAS NOT NOTARIZED.
AND WE PRETTY MUCH COMPLY WITH ALMOST EVERYTHING EXCEPT FOR THE, THE TWO STORIES AND THE, AND THE NUMBER OF UNIT LIMITATION.
AND WE'LL CERTAINLY CONTINUE TO, TO, TO HONOR THAT.
UM, SO THAT'S, THAT'S WHAT WE'RE HERE FOR.
IT'S JUST THAT, THAT HALF STORY, WE CAN BUILD 35 FEET.
THE ACCESS TO O'MALLEY WILL BE VERY LIMITED, LIKE I SAID, JUST AN EMERGENCY GATE.
UM, WE WOULD ASK FOR YOUR SUPPORT IF YOU HAVE ANY QUESTIONS.
UH, BEFORE WE MOVE ON, I HAVE A QUESTION FOR STAFF.
SO THERE WAS A LETTER THAT WAS PRESENTED.
WAS THERE AN ACTUAL ZONING CASE THAT WAS APPROVED? IT LOOKED LIKE IT WAS GOING FROM B TO R THREE, IS WHAT THE LETTER WAS STATING.
IS THAT, DID THAT HAPPEN? WELL, GIVEN THAT THE, THE PROPERTY IS MF 33, IT WAS REZONED TO R THREE.
SO R THREE THEN CONVERTED TO MF 33 3 WITH THE, UH, ADOPTION OF THE 2001 U D C.
AND WERE THERE ANY, ANY RESTRICTIONS TIED TO THE ZONING CASE THAT MAY OR MAY NOT HAVE BEEN RECORDED? IF THERE ARE DEED RESTRICTIONS, THE CITY CANNOT ENFORCE DEEDED RESTRICTIONS.
SO WE WOULD NOT, UM, BE THE ONES FILING THAT, THAT WOULD BE UP TO THE TWO OWNERS THAT ARE PART OF THAT CONTRACT TO DO THAT.
BUT THERE WASN'T ANY CITY IMPOSED? NO, BECAUSE AN RRC NEGOTIATION IS NOT A CONDITIONAL, UH, USE.
ALL RIGHT, SO LET'S OPEN THIS UP TO QUESTIONS.
COMMISSIONER BRAGMAN WAS FIRST, THEN KAPLAN.
AND THIS IS FOR, UM, THE FOLKS THAT CAME TO SPEAK.
CAN YOU SPEAK CLOSER TO THE MIC? SURE.
THIS IS FOR THE FOLKS THAT CAME TO SPEAK.
I HAVE A QUESTION, UM, REGARDING THE FOLKS THAT LIVE AT 1930, I BELIEVE WEST MALLY.
COULD YOU COME UP TO THE MIC FOR A MOMENT PLEASE? SO MY QUESTION IS, UM, IT LOOKS LIKE WEST MALL SORT OF TURNS THE CORNER IN BETWEEN YOUR PROPERTY AND, UH, THE 50 FOOT PROPERTY AND THEN THE, THE APPLICANT'S PROPERTY.
SO, SO BETWEEN YOUR PROPERTY OR YOUR YES.
YOUR PROPERTY OR YOUR, YOUR HOME, HOW MUCH DISTANCE IS THERE BETWEEN YOU AND THE MULTI-FAMILY LOT? THE APPLICANT'S LOT? I, I LIVE IN THE, MY STREET STOPS RIGHT AT THE CORNER OF MY PROPERTY AND I HAVE THE 50 FOOT PROPERTY THAT'S NEXT TO ME.
SO WHERE IT SHOWS THAT WEST MALLY SEE THE X I, THAT'S WHERE I LIVE.
AND THAT'S WHERE THE STREET ENDS.
SO I'M, I'M LOOKING ON, UH, GOOGLE MAPS AND IT LOOKS LIKE THERE MAY HAVE BEEN A, AN INTENT FOR WEST MALLY TO SORT OF TURN THAT CORNER AND RUN PARALLEL TO YOUR PROPERTY AND MAYBE EVEN TAKE UP A PORTION OF YOUR PROPERTY.
YOU SEE THE STREET RIGHT THERE, UH, 19 WHERE IT SAYS 1930, THAT, THAT'S WHERE THE STREET ENDS.
AND THERE'S A 50 FOOT DRIVEWAY PIECE OF PROPERTY.
OH, THAT'S YOUR DRIVEWAY? YES, MA'AM.
SO THERE'S JUST 50 FEET BETWEEN YOU.
SO ARE YOU RIGHT ON THE EDGE OF YOUR PROPERTY? YES, MA'AM.
THE STREET IS RIGHT AT THE EDGE OF MY PROPERTY.
OKAY, SO THERE'S NO SIDE SETBACK BETWEEN YOUR PROPERTY AND THE NEXT PROPERTY OVER? NO, MA'AM.
[00:35:01]
OKAY.SO SEE, AND I, I OWN, I OWN, UH, THAT'S ACROSS THE STREET.
WELL, YOU CAN SEE WHERE THE STREET STOPS.
AND I OWN THE OTHER TWO LOTS FURTHER DOWN, AND I OWN THE HOUSE ALSO NEXT TO THAT.
SEE THAT BROWN HOUSE AT THE LEFT? I OWN ALL, I WENT, I OWN ALL THE WAY TO THERE.
SO I JUST BOUGHT THE ONE IN THE MIDDLE FROM THE WOLF'S.
AND THEY HAD A LONG DISCUSSION WITH ME.
THEY'RE THE ONES THAT GAVE ME THE LETTER THAT THEY FOUGHT THIS.
MR. WOLF IS IN A NURSING HOME.
HE SAYS, HEY, I WANT YOU TO KEEP THIS A FAMILY PLACE.
AND I RENT IT OUT TO HER RIGHT NOW FOR A FAMILY OF FOUR KIDS AND, UH, AND TWO ADULTS.
BUT THAT'S THE PROPERTY THAT I HAVE WITH HER.
AND THAT'S WHERE WE WERE GONNA KNOCK ALL THAT DOWN AND BUILD HER HOUSE THERE.
SO MY QUESTION IS, SO YOUR HOUSE, AND THEN YOU'VE GOT A DRIVEWAY THAT'S ROUGHLY WHAT, 10, 12 FEET WIDE? NO, IT'S FROM THE, FROM THE HOUSE TO THE PROPERTY.
AND THEN THERE'S 50 FEET BEFORE THE, THE BEFORE IT COMES TO THEM.
OKAY, C COMMISSIONER KAPLAN, UH, I HAVE A QUESTION FOR THE BUILDER.
MR. CHRISTENSEN OR THE EVEN YEAH.
HOW MANY, IF, IF YOU DON'T GET THIS VARIANCE, HOW MANY UNITS WILL YOU NOT BE ABLE TO BUILD? I, I BELIEVE YOU WOULD WHAT? 40 92 RIGHT NOW? HOW MANY WOULD BE BUILT AS OF RIGHT.
UH, FOR THE RECORD, MY NAME IS EFRIN RA.
MY ADDRESS IS 9 9 9 EAST BASSEY ROAD, SUITE 180, BOX FOUR 60, SAN ANTONIO, TEXAS 7 8 2 0 9.
UH, AS OF NOW, WE ARE APPROVED FOR 108 UNITS.
UM, WE ARE ONLY BUILDING PHASE ONE, WHICH IS 60 UNITS, WHICH IS THE FRONT HALF.
WE'RE HOLDING OFF ON THE BACK HALF PHASE TWO.
UM, UNTIL HOPEFULLY ALL THIS IS RESOLVED, IF WE ARE ALLOWED TO THREE STORIES, WE WOULD BE ABLE TO DO 132 UNITS, UM, ON THE SITE.
AND WITHOUT THE THREE, IF YOU ONLY COULD DO TWO AND A HALF STORIES, WHAT DOES THAT BRING YOU DOWN TO? 108.
COMMISSIONER ZU, CAN I FOLLOW UP ON THAT QUESTION? SURE.
SO HOW MANY BEDROOMS DOES THAT REPRESENT? 'CAUSE YOU'RE, IT SOUNDS LIKE YOU'RE KIND OF FOCUSING ON STUDENT HOUSING POTENTIALLY WITH THE, WITH THE PALO ALTO AND THE TEXAS A AND M, SAN ANTONIO.
UM, HOW MANY, HOW MANY BEDS WOULD THAT, UH, FREE AND THEN POST? UM, LET ME SEE.
WITH, UM, WITH THE BREAKDOWN WITH, WITH THE, UH, IF WE WERE ALLOWED THREE STORIES, UM, I, I ONLY HAVE TOTAL UNIT COUNTS, BUT IT'S A MIXTURE OF EIGHT STUDIOS, 82, 1 BEDROOMS, 32 2 BEDROOMS, AND TEN THREE BEDROOMS. FOR, WITH THE THREE STORIES WITHOUT IT, IT WOULD BE EIGHT STUDIOS, 66 1 BEDROOMS, 26 2 BEDROOMS, AND EIGHT THREE BEDROOMS. AND THAT TOTAL'S UP TO 108 AND THE 132.
AND THIS QUESTION IS FOR STAFF AND, AND LOOKING AT THE HEIGHT RESTRICTION VERSUS THE STORY RESTRICTION, WAS THERE ANY DISCUSSION ON KINDA THE DENSITIES THAT THAT WOULD LIMIT? OR WAS IT PURELY JUST HEIGHT AS TRYING TO, UM, ENCROACHING ONTO POTENTIAL NEIGHBORS WITHIN SINGLE FAMILY RESIDENTIAL ZONING? WAS THERE ANY DISCUSSION ON DENSITIES VERSUS HEIGHT? IS, IS MY QUESTION.
SO WHEN THE TASK FORCE LOOKED AT AMENDING THE, UH, HEIGHT ALLOWANCES FOR MF AND RMM DISTRICTS, THERE WAS DISCUSSION ON HOW, UM, INDIRECTLY THAT WHEN YOU LIMIT HEIGHT, YOU END UP LIMITING DENSITIES.
THE INTENT WASN'T TO LIMIT THE DENSITY.
IT WAS ABOUT MAKING SURE THAT THE HEIGHT WAS CONSISTENT ACROSS, UM, UH, THE CHARACTER OF, OF A STREET.
KEEP IN MIND THOUGH, THEY BOTH CAN BUILD TO 35 FEET, IT'S JUST HOW IT'S MEASURED FROM THE INSIDE.
SO FROM THE OUTSIDE IT WOULD STILL LOOK LIKE THE WAY THE, THE NEXT DOOR NEIGHBOR WOULD LOOK IF THEY BUILT AT, AT A FULL 35 FEET.
UH, SO AGAIN, THE INTENT OF, OF THESE AMENDMENTS WERE NOT TO RESTRICT DENSITY, IT WAS JUST ABOUT CREATING, UM, THE SAME CHARACTER ACROSS THE BOARD.
SO THERE'S A FOLLOW UP FOR STAFF.
UM, SO, UM, S SO FOR TWO AND A HALF, FOR TWO AND A HALF VERSUS THREE STORY.
UM, SO, SO THE OUTSIDE PREMISE FOR TWO AND A HALF, DOES THAT LOOK DIFFERENT THAN A THREE STORY OUTSIDE AND THEN, YOU KNOW, STAIRCASES AND, AND ENTRANCE INS, THINGS LIKE THAT? SO IF THEY'RE TRULY BUILDING THREE STORY, WOULD THAT NOT LOOK DIFFERENT FROM THE OUTSIDE? IT MAY NOT LOOK DIFFERENT.
IT JUST DEPENDS ON THE TYPE OF, UH, PITCHED ROOF THAT THEY USE.
I MEAN, A TWO STORY COULD BE BUILT TO THE FULL 35 AND YOU WOULD SEE THAT IT LOOKS LIKE TWO FULL STORIES.
A THREE STORY COULD STILL LOOK LIKE TWO STORIES
[00:40:01]
FROM THE OUTSIDE AS WELL.AGAIN, REACHING THE, THE MAX HEIGHT OF 35 FEET, IT'S WHAT'S MEASURED ON THE INSIDE THAT GIVES YOU, UH, WHAT YOUR HALF STORY IS.
AND WHAT IS CONSIDERED A PART OF THE HALF STORY IS HABITABLE, HABITABLE SPACE ONLY.
SO BASICALLY YOU'RE ONLY MEASURING BEDROOMS THAT ARE IN THAT HALF STORY.
SO THEY ARE ADDING MORE THAN JUST BEDROOMS, ADDING MULTIPLE BEDROOMS, LIVING SPACES, ALL OF THAT.
SO ALL THAT AND, AND COMBINE, UM, MAXES THEM OUT AT THE 50% CUTOFF, WHICH IS WHY THEY NEED THAT OTHER HALF STORY TO MAKE SURE THAT THEY CAN HAVE FULL DWELLING UNITS ON THE THIRD FLOOR.
SO, UH, THIS QUESTION'S THEN FOR THE BUILDER.
SO, SO THEN MAYBE I MISUNDERSTOOD A LITTLE BIT HERE, BUT, UM, SO ARE, ARE THESE GONNA BE INDIVIDUAL UNITS THAT ARE THREE STORIES HIGH? UM, OR IS IT GONNA BE THREE FLOORS WITH EACH FLOOR REPRESENTING A DIFFERENT, UH, DWELLING? THAT IS CORRECT.
UH, THREE SEPARATE FLOORS, WHICH EACH FLOOR REPRESENTING A SEPARATE UNIT.
SO QUESTION BACK TO STAFF THEN.
SO, SO THAT SOUNDS DIFFERENT AS WE'VE DONE THESE IN THE PAST, IT'S BEEN A THREE, A SINGLE BUILDING THAT WAS A, THAT WAS A THREE STORY BUILDING AND THAT'S WHERE WE HAD THE DIALOGUE FOR, YOU KNOW, THE TWO AND A HALF TO THREE STORY WHERE ALL OF A SUDDEN, NOW THIS LOOKS, TO ME IT LOOKS DIFFERENT BECAUSE NOW IT'S A THREE SEPARATE FLOORS WHERE EACH OF THOSE HAS A DIFFERENT, UH, STRUCTURE.
SO, SO YOU KNOW, IS THERE, IS THERE SOMETHING TO BE SAID THERE, UH, FROM THE OUTSIDE? A TWO AND A HALF AND A THREE CAN LOOK EXACTLY THE SAME STILL? 'CAUSE AGAIN, THE HALF STORY IS ONLY MEASURED FROM THE INSIDE.
SO YOU CAN STILL HAVE WHAT LOOKS LIKE THREE LEVELS AND STILL BE TWO AND A HALF STORIES INSIDE.
AND THEN, UM, SO THERE'S, UH, I WANTED TO, SORRY, ONE MORE QUESTION HERE.
SO, SO, UH, MR. THIEL ASKED A QUESTION WITH REGARDS TO, UM, UM, SOMETHING WITH REGARDS TO IF THIS HAD BUILT A CERTAIN WAY, THEN WE WOULDN'T BE HERE AS ONLY FOR THE, I THINK FOR THE, FOR THE SETBACKS IN THAT.
SO COULD, COULD THAT, COULD THAT BE RE-EXPLAINED HERE? 'CAUSE I DIDN'T QUITE CATCH WHAT WAS BEING SAID.
SO BECAUSE OF THE PROPERTY IS, IS BETWEEN TWO SINGLE FAMILY RESIDENTIAL DISTRICTS OR SINGLE FAMILY RESIDENTIAL USES, UH, THE CODE AMENDMENT SAYS THAT WITHIN THE FIRST 50 FEET OF, OF THAT PROPERTY LINE, YOU'RE LIMITED TO THE 35 FEET, TWO AND A HALF STORY.
THAT'S THE REASON WHY THEY'RE HERE.
IF THEY HAD A WIDER PIECE OF PROPERTY AND COULD MANEUVER THE BUILDINGS OUTSIDE OF THOSE 50 FEET ON EACH SIDE, THEY COULD BUILD UP TO THE THREE STORIES AND EVEN THE 45 FEET.
BUT, SO THEY NEED THAT RES THEY, THEY NEED THAT VARIANCE IN ORDER TO BUILD WITHIN THE 50 FEET OF EACH SIDE.
SO IF I UNDERSTOOD CORRECTLY, THEN, UH, PER, PER CURRENT CODE OR PER PER, WELL WAIT, IT'S LAID OUT.
UM, THE SIDES COULD BE THREE, UH, TWO AND A HALF STORY.
UM, BUT THEY COULD HAVE INSIDE OF THAT, UH, WE'LL SAY OUTSIDE, INSIDE THE, THE SETBACK TO BE TALLER.
THAT SET THE CENTER SECTION, IS THAT RIGHT? THAT'S CORRECT.
SO LONG AS IT'S NOT WITHIN 50 FEET ON EACH SIDE.
I'M SORRY, I I'M GOING THROUGH A BUNCH OF THESE HERE AND THIS ONE IS, UM, LET'S SEE, I'LL PASS FOR A SECOND HERE.
YEAH, SO I, I'M GONNA, CAN YOU PUT, UH, BRING UP THE SIDE PLANE? UH, THERE'S A, THE, THE, THE ONE THAT BETTER SHOWS THE PARKING.
I'M LOOKING AT THE, UM, THE ONE, THE ATTACHMENTS THAT, THAT THAT'S IN THE STAFF REPORT, POSSIBLY THAT ONE INSTEAD OF THE THREE D VIEW NOW? YEAH, THAT ONE RIGHT THERE.
SO THE BUILDING IN THE BACK, THE ONE THAT'S, THIS IS THE ONLY, THE ONLY BUILDING, UH, THAT'S GONNA BE TWO AND A HALF, UH, OR THREE STORIES, IS THIS ONE IN THE REAR.
UH, THEY EASILY HAVE PROBABLY 70 FEET FROM THE WEST SIDE OF THE BUILDING TO THE PROPERTY LINE.
BUT IF THAT BUILDING COULD SOMEHOW BE POSITIONED IN THE CENTER OF THE LOT WHERE YOU HIT 50 FEET FROM THE BUILDING TO EITHER LOT LINE, WOULD THEY NEED TO COME BEFORE US TODAY? AGAIN, IF THEY COULD FIT IT, UH, WITHIN, OUTSIDE OF THOSE 50 FEET, THEN WE WOULDN'T BE HERE.
BUT THEY, WE WOULDN'T BE HERE SO THEY COULDN'T FOR THE ARCHITECT, HOW, WHAT IS IT, HOW FAR AWAY ARE THE, IS THIS BUILDING FROM EITHER SIDE PROPERTY LINE FROM EITHER SIDE PROPERTY AND THEN I'LL START OFF WITH THE WEST SIDE.
UH, AND THAT INCLUDES THE SETBACKS, THE PARKING, THE DRIVE AISLES.
AND THEN FROM THE E EAST SIDE, ON THE EAST SIDE, UM, IT IS ABOUT, I HAVE IT NOTED HERE, 22 FEET.
SO YOU HAVE 105 FEET GROSS THAT IF YOU WANTED TO GET RID OF ALL THE PARKING SOMEHOW, WHICH, IF THAT WAS POSSIBLE, YOU WOULDN'T NEED TO COME IN HERE.
THAT'S WHAT IT, THAT'S WHAT IT LOOKS LIKE.
SO THE SECOND, I'M JUST WANTED TO PUT THAT
[00:45:01]
OUT THERE.THAT, THAT THE ONLY ISSUE IS ON THE EAST SIDE, NOT THE WEST SIDE.
UM, ON THE, SORRY, ON, ON THE WEST SIDE, THERE IS ALSO A RESIDENTIAL.
WE'RE, WE'RE, UH, WELL, I KNOW, BUT YOU'RE MORE THAN 50 FEET AWAY.
SO, AND, AND THE SECOND QUESTION IS, YOU HAD MENTIONED THAT THERE WAS GONNA BE NO ACCESS ONTO MALLY, BUT WITH 130 PROPOSED UNITS, UM, ISN'T THERE A CODE THAT REQUIRES THEY HAVE TO HAVE TWO WAYS OUT OR, OR THAT DOESN'T APPLY TO APARTMENT? IT'S ONLY SINGLE FAMILY HOMES.
YOU MEAN SECONDARY ACCESS? SECONDARY ACCESS.
IT'S ONCE YOU, UH, REACH A, A, A NUMBER OF UNITS, UM, THEN YOU'RE REQUIRED THE SECONDARY ACCESS.
I, I ALWAYS THOUGHT IT WAS MORE THAN 125.
IS THAT MADE ME CONFUSING THAT I THINK THAT NUMBER IS CORRECT.
SO IF YOU WERE TO HAVE 130 UNITS, WOULDN'T YOU HAVE TO HAVE THAT AS A GATE FOR THE RESIDENCE IN THE REAR AND NOT JUST FOR FIRE AS IT'S PLANNED NOW, THE 108 UNITS, UH, THAT'S APPROVED WITH THE, THE CITY, UH, IT IS JUST A FIRE EXIT ONLY.
BUT IF YOU GET THE ONE 30, THAT IS GOING TO HAVE TO BE FOR INCIDENT ACCESS AS WELL.
IF, IF, I MEAN, IF THE CODE DICTATES THAT, THEN YES.
I JUST, I JUST WANTED TO MAKE SURE THAT WE UNDERSTAND THAT WE'RE, WHAT WE'RE VOTING ON HERE, THAT IF THIS WERE TO GET APPROVED BECAUSE IT EXCEEDS 125, THEY WOULD HAVE TO USE THE DRIVEWAY IN THE BACK, UH, AS, AS PART OF ACCESS FOR THE RESIDENCE, UM, AT 130 UNITS.
UM, SO I JUST WANTED TO CLARIFY THAT.
MANANA, IS THERE ANY OTHER QUESTIONS? MANANA, CHUCK, COMMISSIONER MANANA.
AND THEN, SO I REMEMBER MY QUESTION.
SO THIS WAS QUESTION AGAIN FOR CITY.
SO, SO YOUR RECOMMENDATION WAS FOR DENIAL AND WITHOUT AN ALTERNATE.
SO, SO WHY WAS IT, WHY WERE YOU RECOMMENDING DENIAL OR WHAT WAS THE GROUND FOR THAT? SO THE CODE WAS JUST RECENTLY UPDATED, UH, TO, UH, REFLECT THIS, UH, RESTRICTION.
AND SO, UH, GIVEN THAT IT WAS JUST UPDATED TO, UM, HAVE A TWO AND A HALF STORY MAXIMUM, WE JUST WANTED TO HONOR THE, THE CODE AMENDMENT.
SO, SO WHAT WAS IT BEFORE THE CODE CHANGE THEN? THEY COULD HAVE BUILT IT 45 FEET.
COMMISSIONER ALBERT? YES, I HAVE A QUESTION FOR THE APPLICANT.
I'M LOOKING AT YOUR ELEVATIONS FOR BUILDING FOUR.
IS BUILDING FOUR THE BUILDING? THAT WOULD BE IT, IT IT WOULD BE BOTH, UH, BUILDING FOUR AND FIVE.
THE TWO, THE TWO BUILDINGS IN THE BACK.
AND I SEE ON YOUR ELEVATION THAT THE THREE STORY, THE FULL THREE STORIES WHERE THE PITCH DREW, IF YOUR TOTAL HEIGHT IS 41 FEET AND THREE QUARTERS OF AN INCH, SO IF YOU'RE ALLOWED THE FULL THREE STORIES, WILL YOU BE 35 FEET OR 41 FEET? 35 THIRD.
SO WHEN WE ORIGINALLY CAME UP WITH THOSE PLANS, THEN STAFF INFORMED US, WELL THAT'S GONNA BE ANOTHER VARIANCE.
SO WE SAID, YOU KNOW WHAT, WE CAN REDUCE THE ROOF TO 35 WIDTH AND KEEP THE THREE STORIES CORRECT.
AND JUST A REMINDER, WE MEASURE TO THE MIDPOINT, THE MIDLINE OF THE ROOF, NOT TO THE TOP OF THE PITCH.
I I HAVE ANOTHER CLARIFICATION.
DID YOU HAVE ANY PERMITTING TO PUT THIS PROJECT IN MOTION PRIOR TO THE 2019 CODE CHANGE? NO, WE DID NOT.
JUST WONDERING, I CHECKED THAT MIN CHAKA MIN CHAKA, UH, I HAVE A QUESTION IN TERMS OF THE FENCING AND THE CONCERNS OF THE OPPOSITION IN TERMS OF HOW HIGH IT IS AND THE LIGHTING AT THE GROUND LEVEL AND AT THE THIRD FLOOR LEVEL, BECAUSE THIS MAY IMPOSE ON THE PEOPLE RAISING THEIR FENCE HEIGHT TO GET SOME PRIVACY.
CAN YOU ADDRESS THAT? UH, YEAH, IN TERMS OF THE LIGHTING, WE HAD TO MEET STRICT, UH, MILITARY OVERLAY DISTRICT, UH, REQUIREMENTS.
UM, AND THAT WAS SET FORTH FOR CERTAIN FOOT CANDLES AT THE, AT THE GROUND, UM, WHICH WE MET.
SO IT, IT WOULD ALL THAT WOULD STILL APPLY FOR, UM, THE BUILDING'S FOUR AND FIVE IN THE BACK.
BUT HOW HIGH IS THE FENCE? IS THAT A SOLID FENCE? IT'S A SOLID WOOD FENCE THAT'S, UH, SIX FOOT TALL.
ANYONE ELSE? COMMISSIONER ZUNE FOR THE APPLICANT AS WELL? WHAT WOULD THE, UM, HE HESITANCY OR RESISTANCE BE TO PUSHING THE, THE WHOLE FLOOR PLAN TO THE WEST AT, IF YOU WILL? WHAT? 'CAUSE WE KNOW WE HAVE RESISTANCE OR OPPOSITION FROM THE NEIGHBOR TO THE EAST.
WE DON'T HAVE ANY OPPOSITION FROM THE NEIGHBOR TO THE WEST.
SO SOUNDS LIKE YOU CAN ADD SOME MORE BUFFER BY JUST MOVING IT OVER AND KIND OF MIRROR FLIPPING YOUR FLOOR PLAN.
SO THE, IF YOU WANT TO CONTINUE THAT LITTLE ZIGZAG, YOU CAN JUST FLIP IT OVER.
UH, THAT WOULD, UM, IF I MAY JUST BRIEFLY DESCRIBE SOME OF THE, I GUESS, UH, DESIGN INTENT FOR THAT.
UM, THAT S-CURVE, PRIMARILY IT WAS FOR SAFETY.
WE DIDN'T WANT A, A STRAIGHT SHOT THROUGH FOR THE PROPERTY, FOR THE TENANTS.
UM, AND THEN SECONDLY, WE WANTED TO BE GOOD STEWARDS OF THE LAND.
THERE'S A GROUPING OF TREES ON THAT LEFT PROPERTY LINE THAT WE THEN, UM, PUSHED IT OVER.
UM, AND THEN THIRD, UM, FROM AN AESTHETIC STANDPOINT, WE JUST DIDN'T WANT THE MONOTONY OF ALL THE BUILDINGS ON ONE SIDE AND IF WE CENTER IT, UH, WE STILL NEED THE 25 FOOT AISLES FOR THE DRIVE, FOR THE FIRE TRUCKS.
UM, SO THAT, THAT REALLY EATS UP A LOT OF LAND.
[00:50:01]
SO THE MOST EFFICIENT WAY OF LAYING OUT THE PARKING WAS AS IT'S SHOWN, UM, ON THIS SITE PLAN.UH, AS A FOLLOW UP TO COMMISSIONER Z'S QUESTION, IF YOU WERE TO MOVE IT OVER, YOU HAVING TO PUT AN AERIAL APPARATUS FIRE LANE ON THIS RIGHT? WHERE YOU HAVE TO BE THE 15 TO 39 FEET AWAY FROM THE SIDE OF THE BUILDING FROM THE FIRE DRIVE.
SO IF YOU WERE TO MOVE IT OVER, YOU WOULDN'T MEET THE AERIAL APPARATUS LANE SO YOU REALLY CAN'T MOVE IT OVER.
IS THAT A TRUE STATEMENT? UM, I'D HAVE TO LOOK INTO.
UM, IT JUST LOOKS LIKE FROM YOUR HEIGHT YOU WOULD, YOU WOULD NEED ONE.
BUT, SO, AND, AND THEN, AND THEN SECONDLY, YOU'D HAVE, IF YOU WERE TO GET RID OF ALL THAT PARKING, THAT ONE STRIP OF PARKING, YOU WOULD MEET THE PARKING CODE.
IS THAT TRUE OR NOT TRUE? CORRECT.
AND WE WERE A LITTLE BIT MORE GENEROUS IN OUR PARKING.
UH, WE WERE, I BELIEVE OFF THE TOP OF MY HEAD, I BELIEVE IT WAS MORE THAN ONE AND A HALF, UH, PARKING SPOTS PER, UM, PER UNIT.
SO WE ARE, UH, WE'RE A LITTLE BIT MORE GENEROUS IN THE PARKING.
UM, BUT IF WE REMOVE THAT ENTIRE STRIP, UH, THAT WOULD, ESPECIALLY WITH THE ADDITION OF THE, THE, THE ADDITIONAL UNITS THAT WOULD, UM, WE WOULDN'T MEET THE PARKING CODE FOR THAT.
IS THERE ANY OTHER QUESTIONS? MANNA? COMMISSIONER MANNA? SO, UH, SO THE APPLICANT HAD A PRESENTATION THERE AND IT HAD THE, UM, THE PEOPLE WHO HAD APPROVED IT.
AND SO ONE OH 'EM WAS THE PROPERTY NEXT DOOR.
I WAS, AND IT KIND OF FLASHED BY QUICKLY.
I WAS WONDERING IF WE COULD SEE THAT, UM, SEE THAT THE APPROVAL NOTICE THAT ONE.
OH, OH YEAH, I THINK IT'S THAT THE PREVIOUS ONE.
SO THE PERSON WHO GAVE THIS WAS THE ONE WHO SOLD THE PROPERTY, IS WHAT I'M SEEING.
AND HE STILL OWNS THE PROPERTY.
COMMISSIONER ALPER? UH, YES FOR THE ARCHITECT PLEASE.
HAVE YOU CONSIDERED WHAT YOU MIGHT DO IF YOU WERE IN FACT LIMITED TO TWO AND A HALF STORIES? UM, WELL THE SITE IS CURRENTLY APPROVED AT UH, THE TWO AND A HALF STORIES.
UM, BUT AFTER HAVING THE CONVERSATIONS WITH, UM, THE COMMUNITY, UH, DISTRICT FOUR, UH, THE NEED FOR THE MARKET RATE APARTMENTS IN THAT AREA, UH, PALO ALTO, THEIR DISCUSSION, UM, IT JUST WOULD BE A WIN FOR THE DEVELOPMENT FOR THE COMMUNITY.
UM, AND DUE TO EVERYTHING GOING ON WITH THE PANDEMIC, WE HAD TO PHASE IT OUT IN TWO PHASES.
'CAUSE THE COST OF EVERYTHING.
SO THIS WOULD REALLY HELP OFFSET SOME OF THAT.
BUT THAT'S NOT THE MAIN DRIVER, THAT THE DRIVER IS REALLY THE ADDITIONAL UNITS THAT THE DIRE NEED IN THAT COMMUNITY THAT'S NEEDED.
THE REASON I ASK IS, IS GENERALLY WITH A HALF STORY YOU END UP WITH SAY LIKE A GAMBLER, ROOF, DORMERS, WALKOUT, PORCHES THAT ARE CUT INTO THE ROOF LINE, STUFF LIKE THAT.
AND YOU, IT'S EFFECTIVELY A THIRD FLOOR ANYWAY, IT'S JUST PUSHED BACK SEVEN OR EIGHT FEET.
UM, SO YOU STILL HAVE WINDOWS THREE STORIES HIGH.
YOU STILL HAVE, IT'S ESSENTIALLY THE, THE SAME BUILDING BUT WITH A DIFFERENT PITCH ON THE HALF STORY.
AND, AND IF YOU HAD TO GO THAT WAY, THAT'S PROBABLY WHAT WOULD END UP HAPPENING OR, UH, NOT LIKELY, NO.
SO JUST TO FOLLOW UP SIR, THE ARCHITECT, OH YES.
JUST TO FOLLOW UP, UH, TO MR. ALBERT'S QUESTION.
SO, UM, COULD YOU NOT RECONFIGURE THAT BUILDING OR THOSE TWO BUILDINGS SO THAT INSTEAD OF BEING, UH, ONE STORY ON THE THIRD FLOOR, THAT IT COULD BE TWO STORIES BETWEEN THE SECOND AND THE THIRD FLOOR AND JUST RECONFIGURE SO THAT INSTEAD OF ONE STORY UNITS, THEY WOULD BE TWO STORY, BUT YOU'D HAVE MORE OF THEM 'CAUSE YOU'D HAVE THE BEDROOMS UP ON THAT HALF FLOOR AND THEN THE MAIN LIVING DOWN BELOW.
AND INSTEAD OF THIS, YOU'D HAVE THIS, THIS GOT, I SEE.
UM, I, WE'D HAVE TO LOOK INTO IT, UM, FROM A DESIGN STANDPOINT, IT, IT WOULD CAUSE, UM, A LOT OF REDESIGN, UM, FROM, FROM MYSELF AND ALL, ALL OUR CONSULTANTS INVOLVED.
UM, THE, THE EASIEST, UM, AND MOST ECONOMICAL THING WOULD BE TO REPLICATE THAT, THAT SECOND STORY ON THE THIRD MM-HMM.
SO FROM THAT STANDPOINT, IT'S, UM, NOT IDEAL, BUT IT WOULD GIVE YOU MORE CAPACITY THAN LOSING WHAT, 24, 24 UNITS, SOMETHING IN THAT RANGE? TRUE, YES.
AND, AND ON ON THAT NOTE, YOU COULD ALSO
[00:55:02]
WIDEN UP THE BUILDING SO THAT THE HALF STORY ON THE THIRD FLOOR IS, IS ABOUT THE SAME SIZE AS IT IS NOW, BUT THEN YOU'D LOSE TREES AND IT WOULD JUST COST MORE TO BUILD PROBABLY.SO YOU HAVE SOME OPTIONS, BUT THIS IS A MORE EFFICIENT I, I, I SEE IT.
IS THERE ANY OTHER QUESTIONS, COMMISSIONER? NOPE.
UM, WE'RE GONNA GIVE THE APPLICANT A COUPLE MINUTES IF THERE'S ANY CLOSING REMARKS YOU WANNA MAKE AFTER HEARING ALL OUR LINE OF QUESTIONING BEFORE WE, UH, DELIBERATE.
UM, WHY WE JUST ADD, YOU KNOW, LOOKING AT WHAT, UM, COMMISSIONER BRAGMAN STATED, I MEAN, SO THEIR HOUSE IS HAS, I'LL BE GENEROUS, 20 FEET BETWEEN THEIR HOUSE AND THE PROPERTY LINE.
THEN WE'VE GOT 50 FEET AND THEN WE'VE GOT 22 FEET BETWEEN OUR BUILDING AND THE PROPERTY LINE.
YOU'RE GETTING PRETTY CLOSE TO 95 FEET BEFORE THE, THE A HUNDRED, I MEAN THE, THE 195 TO A HUNDRED FEET.
BEFORE YOU GET TO THE, THE THREE STORIES, AND WE CAN, AS STAFF HAS SAID, WE CAN BUILD TO 35 FEET.
TODAY, WE'RE JUST ASKING TO BE ABLE TO FILL IN THAT 35 FEET WITH A HALF STORY.
WE WOULD JUST ASK THAT YOU SUPPORT OUR CASE.
THE HOUSING IS CLEARLY NEEDED.
SO I'M LOOKING FOR A MOTION THI MR. THIEL REGARDING CASE NUMBER BO EIGHT DASH 21 DASH THREE 70.
I MOVED AT THE BOARD OF ADJUSTMENT GRANT, THE REQUEST FOR A HALF STORY VARIANCE FROM THE TWO AND A HALF STORY MAXIMUM TO ALLOW A MULTIFAMILY STRUCTURE TO BE THREE STORIES TALL WITHIN THE 50 FOOT RESIDENTIAL SET SETBACK SITUATED AT 1 4 5 5 WEST VETTE BOULEVARD, APPLICANT BEING PATRICK CHRISTENSEN.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, I 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.
IT IS FOUND THAT THE PROPERTY IS OVER 200 FEET IN WIDTH, ALLOWING FOR ENOUGH DISTANCE FROM THE ADJACENT RESIDENTIAL USES.
ADDITIONALLY, THE MAXIMUM HEIGHT OF 35 FEET IS THE SAME HEIGHT ALLOWED FOR THE ADJACENT RESIDENTIAL USES.
SO VARIANCE DOES NOT APPEAR TO BE IN 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 IN ANY SPECIAL CONDITIONS THAT IF ENFORCED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
BY IMPOSING A LITERAL ENFORCEMENT, THE DEVELOPMENT WOULD BE LIMITED AT TWO AND A HALF STORIES TALL FOR THE 50 FEET LINEAR AREA FROM THE RESIDENTIAL, RESIDENTIAL USED PROPERTY.
AND THE REQUEST IS FOR HALF STORY MORE, WHICH IS ONLY MEASURED INSIDE THE STRUCTURE, AND THE MAXIMUM HEIGHT WILL STILL BE MET.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE MAXIMUM HEIGHT OF THE STRUCTURE WILL STILL BE MET BY NOT EXCEEDING 35 FEET.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUEST TO ALLOW TWO AND A HALF STORIES DOES NOT APPEAR TO INJURE THE ADJACENT PROPERTIES OR CHANGE THE ESSENTIAL CHARACTER OF THE DISTRICT.
SINCE THE MAXIMUM HEIGHT ALLOWED ON THE PROPERTY WILL NOT BE INCREASED.
SIX, THE PLIGHT OF THE, OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE SOUGHT IS DUE.
UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS THAT THE PLIGHT OF THE PROPERTY OWNER IS SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND IS NOT MERELY FINANCIAL END OF MOTION.
SECOND, UH, WE HAVE A MOTION BY COMMISSIONER THIEL, SECOND BY COMMISSIONER BRAGMAN.
COMMISSIONER THIEL, PLEASE LEAD THE DISCUSSION.
UH, FROM THE EXTERIOR, THE BUILDING'S NOT GONNA LOOK DIFFERENT, WHETHER IT'S TWO AND A HALF OR THREE STORIES.
UM, AGAIN, THE ONLY REASON THEY'RE HERE IS BECAUSE THIS ENCROACHES INTO THE 50 FOOT SETBACK.
WE'VE DETERMINED THAT IT'S WELL OVER A HUNDRED FEET FROM, OR CLOSE TO A HUNDRED FEET FROM ANY ACTUAL RESIDENTIAL USE CURRENTLY.
AND, UH, OBVIOUSLY THE NEED FOR AFFORDABLE HOUSING, UH, IS, IS PARAMOUNT HERE IN SAN SAN ANTONIO, ESPECIALLY ON THE SOUTH SIDE.
SO I WILL BE IN SUPPORT COMMISSIONER BAGMAN.
CAN I JUST SAY DITTO TO MY COLLEAGUE
ANYONE ELSE? OH, ZUNA COMMISSIONER ZUNA.
I'M GONNA BE IN SUPPORT OF THE MOTION AS WELL WITH A BUFFER BETWEEN 95 AND A HUNDRED FEET FROM THE APPLICANT'S, UH, BUILDING TO THE NEAREST INFECTED NEIGHBOR.
I THINK THAT PROVIDES PLENTY OF BUFFER AND WOULD NORMALLY COMPLY WITH THE REQUIREMENT OF THE 50 FOOT SETBACK.
ADDITIONALLY, ANY, UH, ROAD ACCESS, IF THEY MOVE FORWARD WITH THAT BACK PHASE, PHASE WOULD REQUIRE THE IMPROVEMENT OF MALLY BOULEVARD.
UH, WHICH IN WHICH CASE, YOU KNOW, THAT
[01:00:01]
IMPROVEMENT, UH, WOULD, WOULD, UM, CREATE, YOU KNOW, PEOPLE AND, AND THAT CREATES SAFETY IN THE AREA.SO I AM SUPPORT OF THE MOTION.
ANYONE ELSE? YEAH, I'M GONNA, I'M NOT IN SUPPORT OF THE MOTION, UH, BECAUSE I'M GONNA TAKE INTO ACCOUNT WHAT THE NEIGHBORS HAVE BEEN SAYING.
UM, IF WE GRANT THE VARIANCE, WE ARE GIVING 'EM 22% MORE UNITS, WHICH WILL CAUSE EXCESS NOISE, NUISANCES, GARBAGE, AND ALL THE THINGS THAT THE NEIGHBORS WERE COMPLAINING ABOUT.
UH, ANYONE ELSE? MANCHACA COMMISSIONER MANCHACA? I AGREE.
MY COLLEAGUE FOR THE SAME REASONS AND, UH, SINCE THEY ARE IN THE DESIGN OPTIONS ARE AVAILABLE.
SO, UM, I'M ALSO, UM, UM, NOT LOOKING FORWARD TO THIS ACTUALLY.
AND SO I GUESS ONE OF MY BIG CHALLENGES HERE IS, UH, THE POINT THAT, UH, CHAIR OREN BROUGHT UP WITH REGARDS TO THE, UH, NUMBER, IF IT'S GREATER THAN 125, THEN IT REQUIRES ACCESS ON THE BACKSIDE.
AND I DON'T THINK WE SHOULD BE IMPROVING THAT ROAD PERSONALLY, UH, MORE THAN IT NEEDS TO BE.
AND SO BY PROVIDING A PERMANENT ACCESS THERE, UH, THAT BRINGS THE TRAFFIC, WHICH HAS BEEN ONE OF THE CONCERNS, UH, FROM THE NEIGHBOR'S, UH, UH, VOICE HERE.
UM, AND THEN THE SECOND IS, UM, YOU KNOW, THIS NUMBER REPRESENTS, UM, THE NUMBER OF UNITS, NOT THE NUMBER OF RESIDENTS.
AND SO IF IT'S STACKED PRETTY DEEP, THEN WE'RE TALKING ABOUT A SIGNIFICANT NUMBER OF ADDITIONAL HEADCOUNT THERE, UH, WHICH I THINK IS PRETTY SIGNIFICANT FOR, UM, FOR THIS PROPERTY ALREADY.
SO I'LL BE VOTING PROBABLY NOT IN FAVOR.
UH, ANYONE ELSE? UH, I'M GONNA GO AHEAD AND CHIME IN.
UM, I, I BROUGHT UP SOME POINTS 'CAUSE I, I, I WAS CONCERNED ABOUT THE STATEMENTS THAT THEY WEREN'T GOING TO USE THE DRIVE IN THE REAR, BUT, YOU KNOW, I'M NOT AGAINST THIS.
UM, AND THE RE AND THE REASON WHY IS, IS BECAUSE THE, THE, THE, THE CRUX OF THIS C C R THAT CAME OUT, I WAS ON THE B O A WHEN, WHEN THAT CASE CAME TO US, IT WAS A VERY CRAMMED IN MULTI-FAMILY SORT OF DEVELOPMENT ON A VERY SMALL LOT THAT WAS VERY CLOSE TO ALL THE ABUTTING NEIGHBORS.
AND IN THIS PARTICULAR CASE, YOU KNOW, HE'S THINNING UP THE BUILDING, HE'S GOT GOOD DISTANCES FROM THE SIDE, AND, UM, AND A MALLY WAS ALWAYS PLATTED TO BE A STREET.
IT JUST TAKING ITS SWEET TIME TO BECOME ONE.
UH, SO IT, IT, YOU KNOW, HAVING IT HAVE BEING USED AS A STREET FOR WHICH IT WAS ORIGINALLY PLOTTED DOESN'T BOTHER ME.
UM, I DO THINK THAT THEY'RE NOT, I I SEE THAT THEY'RE NOT CRAMMING THE BUILDINGS IN HERE THAT, I MEAN, THERE'S A LOT OF THINGS THIS, THIS DEVELOPER COULD DO.
HE COULD DO MORE ONE BEDROOMS AND THEN GET TO 130 UNITS ANYWAY IF HE REALLY WANTED TO.
AND I JUST, I JUST SEE THIS AS BEING, YOU KNOW, IT'S, IT'S NOT BEING CRAMMED INTO A LOT, SO I'M NOT REALLY AGAINST IT.
AND, AND, UM, SO I'M, I'M GONNA BE IN SUPPORT.
SO STAFF, IF YOU COULD TAKE A ROLL CALL VOTE, MAN.
UM, COULD THIS BE, COULD THIS BE SET UP SO THAT IT CAN'T BE MORE THAN 125 UNITS BY CHANCE? YOU CAN'T CONDITION THE ZONING ALLOWS FOR THE NUMBER OF UNITS SO LONG AS THEY MEET THE DEVELOPMENT STANDARDS.
SO WHAT IS THE MOST THEY CAN HAVE? SO IF IT'S MF 33, IT'S 33 UNITS PER ACRE, AS LONG AS THEY MEET THE DEVELOPMENT STEMS, WHAT'S THE ACREAGE OF THIS? 3.98.
SO THEY, SO THEY COULD DO 132.
SO CAN THE APPLICANT AMEND THEIR, UH, POSITION FOR SEND A MAX? NO.
SO AGAIN, YOU'RE NOT LOOKING AT DENSITY.
THIS IS NOT ABOUT RESTRICTING DENSITY.
THIS IS ONLY ABOUT THE HALF STORY INSIDE THE STRUCTURE.
SO YOU CAN'T CONDITION THAT HE WOULD LIMIT IT TO A NUMBER OF UNITS.
THAT'S NOT WITHIN YOUR PURVIEW AT ALL.
SO, UM, AND, AND THEN REGARDING THE STREET, JUST TO LET YOU KNOW, A STREET IS A PAPER PLATTED STREET AND IT WILL BE DEVELOPED OVER TIME.
UH, SO WHETHER IT'S THIS DEVELOPMENT OR OTHER ADJACENT, UH, DEVELOPMENTS THAT HAPPEN, IT IS A, IT IS A, A PUBLIC STREET THAT WILL BE DEVELOPED OVER TIME.
AND, AND SO MY COLLEAGUE'S OBJECTION TO THIS WAS BASED SOLELY ON DENSITY AND WE CANNOT CONTROL DENSITY.
AND THAT'S, AND UH, RIGHT, UH, THE OTHER, THE OTHER ITEM I'M, I'M LOOKING AT HERE IS, YOU KNOW, THERE'S, AGAIN, THERE'S NOTHING STOPPING HIM FROM MAKING THE BUILDING JUST MUCH WIDER USING THE HALF STORY AND STILL GETTING 130 WHATEVER UNITS.
HE JUST, HE'S JUST TRYING TO MAKE SOMETHING AS, AS THIN AS POSSIBLE.
AND IT'S ONLY ON ONE BUILDING, NOT THE WHOLE THING.
SO I, ANYWAY, IF, IF ANYONE ELSE WANTED TO ADD ANYTHING BEFORE WE TAKE A VOTE, COMMISSIONER ZUNA, JUST IF, IF IT'LL, OKAY, LET'S, UH, HAVE A ROLL CALL.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
MR. MANCHACA, I DO NOT CONCUR, MR. VASQUEZ.
MS. CRUZ, I'M STILL DEBATING, BUT I DO NOT CONCUR.
I ACTUALLY WAS GONNA CHANGE MINE TO I CONCUR.
[01:05:02]
I CONCUR.UH, THE VOTE IS SEVEN TO FOUR MOTION FAILS.
MR. CHAIR, WOULD WE, CAN WE ASK FOR A POTENTIAL CONTINUANCE OF THE, UH, WINNING SIDE? WOULD THAT WOULD ALLOW FOR IT? YEAH, WE'D HAVE TO VOTE TO REHEAR.
IS ANYBODY ON THE PREVAILING SIDE WILLING TO, UM, HAVE THIS CASE BE REHEARD SO WE COULD ENTERTAIN A CONTINUANCE? AND THE IDEA THERE IS FOR THE APPLICANT TO TRY TO MEET WITH SOME OF THE, UH, OPPOSITION TO POTENTIALLY, UM, WORK OUT SOME SUPPORT.
I THINK IF THE COMMUNITY WERE BEHIND IT, I WOULD VOTE FOR IT AND THAT WOULD BE AN OPPORTUNITY FOR THEM.
SO WE SAW LETTERS FROM THE A AND M CAMPUS FROM THE PALO ALTO CAMPUS IN SUPPORT.
SO THAT WOULD ALLOW THEM TO GATHER SOME MORE SUPPORT FROM THE COMMUNITY.
IT'S UP TO THE FOUR WHO, WHO VOTED AGAINST.
AND TECHNICALLY THAT WOULD BE A MOTION TO RECONSIDER.
SO I MAKE A MOTION TO RECONSIDER.
IS THERE SECOND THE MOTION? VASQUEZ? UH, VASQUEZ SECONDS.
UH, CAN WE JUST DO A ROLL CALL VOTE ON THIS? OR WE HAVE TO DO A, UH, CAN WE DO A VOICE VOTE OR CAN WE DO A ROLL CALL? WE COULD TRY DOING A VOICE VOTE IF THERE'S ANY OPPOSITION, THEN WE'LL DO ROLL CALL.
MR. MINKA, JUST MAKE SURE TO NOTE THAT MINKA WAS AN OPPOSITION.
OKAY? SO THE CASE IS, UH, TO BE ARD UH, FOR THE APPLICANT TO COME FORWARD.
SO YOU'VE HEARD WHAT WE'RE TALKING ABOUT.
WE'RE TRYING TO GIVE YOU AN OPPORTUNITY TO GO MEET WITH PEOPLE, TALK ABOUT YOUR, YOUR APPLICATION.
IS THAT ACCEPTABLE? THAT'S, THAT'S ACCEPTABLE.
WE JUST ASKED MAYBE FOR A MONTH WE HAVE SOME TIME TO, TO REACH OUT.
SO MONTH WOULD TAKE US TO WHERE? FEBRUARY 21ST.
IS THAT OKAY? TILL FEBRUARY 1ST.
SO I HAVE A MOTION TO CONTINUE TO FEBRUARY 21ST.
MOTION TO CONTINUE TILL FEBRUARY 21ST.
SECOND AND A SECOND BY COMMISSIONER CRUZ.
ANY OPPOSED? MOTION CARRIES FEBRUARY 21ST.
SO WE'LL SEE YOU BACK AND WE'RE, WE'RE LOOKING TO HEAR WHAT NEW INFORMATION YOU CAN PROVIDE TO US.
RICHARD B DE VASQUEZ PLANT HERE WITH, UH, DEVELOPMENT SERVICES BO O A 21 1 0 3 0 0 1 0 3 LOCATED AT 1 8 3 1 RED ELM, UM, THE APPLICANT BEING MARIO ZU.
A REQUEST FOR A FOUR FOOT NINE VARIANCE FROM THE MINIMUM FIVE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A PATIO COVER WITH NO OVERHANG TO BE THREE INCHES FROM THE SIDE PROPERTY LINE.
CURRENT ZONING IS RESIDENTIAL SINGLE FAMILY.
THE SUBJECT PROPERTY IS CURRENTLY LOCATED ALONG RED EL ANDS CURRENTLY HAS A SINGLE FAMILY RE RESIDENCE BUILT ON IT.
THE APPLICANT IS REQUESTING A FOUR FOUR FOOT NINE VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SET BY REQUIREMENT TO ALLOW A PATIO COVER WITH AN OVERHANG TO BE THREE INCHES FROM THE SIDE PROPERTY.
LINE GUTTERS WERE FOUND ON THE STRUCTURE AND THE APPLICANT WILL BE REMOVING THE OVERHANG ON THE STRUCTURE.
UH, PICTURE OF THE SITE PLAN, THE SUBJECT PROPERTY ITSELF, AND THE PATIO.
MORE PICTURES OF THE SIDE AND THE GUTTERS.
ANOTHER PICTURE MEASUREMENTS, UH, THE REAR SIDE WITH GUTTERS.
FRONT SIDE, AGAIN WITH THE GUTTERS AND THE PATIO, THE THREE INCH MEASUREMENT.
UH, THREE, UH, THE OVERHANG MEASUREMENT, MORE MEASUREMENT.
THE SURROUNDING AREA STAFF RECOMMENDS DENIAL.
AND BO O A 21 1 0 3 0 0 1 8 3 BASED ON THE FOLLOWING, FOLLOWING FINDINGS OF FACT, ONE, THE ATTACHED PATIO COVER AND ENCROACHES INTO THE SIDE SETBACK.
AND ITS THREE INCHES AWAY FROM THE SIDE PROPERTY LINE AND THERE IS ADEQUATE SPACE IN THE REAR YARD FOR A COVERED PATIO, THERE WERE 36 NOTICES SENT.
SIX IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM LACKING TERRANCE ASSOCIATION.
AND THAT CONCLUDES STAFF'S PRESENTATION.
IS THE APPLICANT PRESENT? UH, COME ON FORWARD PLEASE.
UH, IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS AND YOU CAN BEGIN YOUR PRESENTATION.
[01:10:01]
THAT'S IT.BE MARIO
AND ALSO CAN MY WIFE, IF SHE WOULD LIKE TO SPEAK.
UH, WE STARTED, THIS PATIO WAS DONE OVER 10 YEARS AGO, UH, BY A CONTRACTOR.
UH, HE TOLD US EVERYTHING WAS DONE BY CODE.
UH, IT'S NEVER BEEN AN ISSUE WITH THE, WITH THE SURROUNDING NEIGHBORHOOD.
UH, THE ONLY REASON THIS WAS BROUGHT UP CURRENTLY IS BECAUSE, UH, OUR NEIGHBOR NEXT DOOR, HIS DOG ATTACKED OUR SON AND WE'RE FIGHTING A CASE TO PRETTY MUCH THE MEDICAL BILLS.
EVERYTHING WAS, EVERYTHING THAT'S HAPPENED IS BECAUSE HIS COMPLAINT.
UM, OTHER THAN THAT, THERE, THERE HAS NEVER BEEN AN ISSUE WITH THE PATIO.
UH, THE WATER FALLS ON OUR PROPERTY.
UM, WE'VE, THE NEIGHBORS IN FRONT DELIVER IN FRONT OF US AND THE SIDE OF US ALL, UM, PROVIDED LETTERS THAT SUPPORT IN FAVOR, WE HAVE THAT AND WE WERE GIVING THAT TO THEM.
UM, THE MAJOR THING WITH THIS IS EVER SINCE MY SON WAS ATTACKED DURING THIS, UH, THE NEIGHBOR'S DOG, THAT'S HIS ONLY SAFE HAVEN.
WE HAVE LETTERS FROM HIS, UH, COUNSELING THAT HE'S TAKING A WEEKLY ALSO FROM, UM, HOW IT WILL AFFECT HIS SAFE HAVEN.
AND LIKE I SAID, IT'S BEEN THERE FOR 10 YEARS, NEVER BEEN AN ISSUE, WHICH I GIVE FOR GRANTED.
UM, JUST THE TIMESTAMP OF WHEN IT WAS CAUGHT IN BY THE CITY IS WHEN THE SUIT WAS FILED BY US WITH THE NEIGHBOR JUST FOR THE, YOU KNOW, FOR THE MEDICAL BILLS AND ALL THAT.
UM, LIKE I SAID, WE HAVE, WE HAVE, UH, LETTERS AND SIX, I THINK SIX OR SEVEN IN FAVOR OF OUR KEEPING IT HAVE THE VARIANCE.
WE, UM, WE'RE RECOMMENDING TO CUT THREE INCHES, WHICH WE'LL DO EVER SINCE THAT SITUATION THERE.
ALSO, IT'S COMING UP ON A ONE YEAR ANNIVERSARY OF A DOG ATTACK IN TWO WEEKS.
NOW, IF WE HAVE TO CUT IT DOWN THE FIVE FEET, THAT LEAVES NOTHING FOR HIM.
NOW, THAT'S JUST GONNA ADD MORE STRESS ON HIM AND HIS PSYCHE BECAUSE OF WHAT HE'S GOING THROUGH RIGHT NOW.
IS HE, IS HE ALL THERE? NO, HE STILL HAS NIGHTMARES, JUST A CONTINUING CONTINUATION OF THIS, OF WHAT HAPPENED.
AND THIS JUST ADDS MORE FUEL TO THE FIRE, I GUESS YOU CAN SAY.
UM, BEFORE WE GO, NORMALLY I DON'T ASK QUESTIONS, UH, AT THIS POINT IN TIME, BUT I JUST WANTED TO CLARIFY A FEW THINGS THAT PORT THE, THE COVER'S BEEN THERE FOR 10 YEARS.
AND HOW OLD WAS YOUR HOME? UH, WE MOVED IN IN MARCH OF 2001.
SO 10 YEARS AFTER THE HOME WAS BUILT, THE PORTS WAS COVERED, AND THEN, UH, YOU'VE ALWAYS HAD A PATIO ON THE SIDE OF YOUR HOME AT THAT LOCATION.
YOU DIDN'T BUILD CREATE THE PATIO THERE.
IT WAS ALWAYS INTENDED TO BE A PATIO.
AND WHEN WE BOUGHT THE HOUSE, THEY, THEY HAD THE CONCRETE AND ALL THAT.
SO THE BACK OF THE HOUSE, YES, YOU DO HAVE MORE ROOM, BUT THE BACK OF THE HOUSE IS JUST THE BEDROOM.
NO, I JUST WANTED TO, TO CLARIFY THAT.
SO, UM, DID YOU, WOULD YOUR LIFE WIFE NEED TO SURE, UH, MAKE ANY STATEMENTS? IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS OF THE RECORD, PLEASE.
UM, JUST TO, UH, ALSO FOLLOW MY HUSBAND SAID THIS, UH, PATIO WAS BUILT OVER A DECADE AGO, AND THAT WAS SIMPLY BECAUSE THAT IS WHEN WE HAD OUR SON AND WE WANTED HIM TO HAVE A SAFE PLACE TO PLAY.
AND SO THIS HAS BEEN, UH, HIS SAFETY AND HIS COMFORT, UM, WHICH HE UNFORTUNATELY LOST DUE TO THAT ATTACK.
UM, NOW THIS IS THE ONLY PLACE WHERE HE, UM, IS COMFORTABLE PLAYING AND IT IS UNCLEAR WHY IT WAS REPORTED ALL OF A SUDDEN.
YOU KNOW, WHEN ALL OF OUR NEIGHBORS ARE PRETTY MUCH IN FAVOR BECAUSE, UH, THIS IS A NEIGHBORHOOD WHERE THE KIDS COME AND PLAY WITH EACH OTHER OUT IN THE STREET AND IN OUR PATIO.
AND SO OF COURSE THEY'RE, THEY ARE, YOU KNOW, IF THEY COULD, THEY WOULD'VE BEEN HERE WITH US TO SUPPORT, UH, TO KEEP THIS NOT ONLY FOR OUR CHILD, BUT FOR THEIRS.
AND YES, WE COULD SAY WE COULD KNOCK DOWN THIS PATIO AND PUT IT IN THE, IN THE BACK OF OUR HOUSE, BUT AT THIS TIME, AND THE, WE HAVE A LETTER FROM THE THERAPIST, WHICH ALSO SUPPORTS THAT, THAT WOULD ONLY, YOU KNOW, INHIBIT AND DO A BACK, A BACK, YOU KNOW, STEP ON HIS PROGRESS THAT HE'S MADE WITH MOVING FORWARD FROM THE ATTACK.
SO, UM, WE JUST ASK YOU TO TAKE THIS
[01:15:01]
INTO CONSIDERATION, UM, WHEN, UH, REVIEWING OUR, OUR CASE.UH, STAFF, IS THERE ANYONE SIGNED TO SPEAK OR VOICEMAILS? NO, THERE'S NO ONE SIGNED TO SPEAK.
SO WE'RE GONNA OPEN THIS UP TO QUESTIONS.
ANY COMMISSIONERS HAVE ANY QUESTIONS? MANNA, COMMISSIONER MANNA? SO ONE OF THE THINGS THAT WE TALK ABOUT ON OCCASION IS, UM, GRANTING VARIANCES FOR THE SIDE SETBACK, AND THAT'S KIND OF WHAT WE'RE TALKING ABOUT HERE, BUT, BUT NORMALLY THE DIALOGUE IS ABOUT MAYBE A TWO FOOT VARIANCE.
SO WHERE THE, WHERE THE, WHERE THE AWNING OR, OR THE, THE, WE'LL SAY THE, UH, ATTACHMENT HAS TO BE AT LEAST THREE FEET AWAY FROM THE PROPERTY LINE.
UM, WHAT KIND OF HARDSHIP WOULD THAT CAUSE IF WE HAD THAT KIND OF DIALOGUE HERE? AS FAR AS MOVING IT BACK AT LEAST A LITTLE BIT, UM, FROM THE DOOR, THE, THE PATIO DOOR TO THE, TO THE PROPERTY LINE IS, IT'S ROUGHLY AROUND 10 AND A HALF FEET.
SO MOVING BACK FIVE FEET, CUTTING BACK, THAT LEAVES US FIVE FEET, WHICH WILL BE, I MEAN, PRETTY MUCH HE'S ASKING IF YOU COULD GO TWO FEET OR THREE FEET.
RIGHT? SO, SO INSTEAD OF BEING THE FIVE FEET TO ACTUALLY, YOU KNOW, LIKE HALFWAY THROUGH THAT, SO, SO TWO FOOT OR THREE FOOT, YOU KNOW, SO AWAY FROM THE FENCE.
SO DOES THAT PRESENT ANY CHALLENGES? UH, THE ONLY CHALLENGE IS IT, IT, THE, THE SHORTER YOU MAKE IT IS JUST REAL SMALL ON THE SIDE.
I MEAN, IT'S, AND, AND ALSO IF YOU WERE TO MOVE IT THREE FEET, IT WOULD, MOVING, THE POST WOULD BE IN FRONT OF THE, THE ENTRANCE, I GUESS YOU WOULD SAY, FROM THE FRONT TO THE, TO THE PATIO.
SO HAVING THE POST THERE, IT'S, YOU WOULD HAVE TO RESTRUCTURE THE FENCE LINE ON OUR PROPERTY AND JUST THE COST OF, OF OVERALL, AND LIKE I SAID, IT'S, IT'S, IT'S, WE'RE, AS IT IS, OUR INSURANCE DOESN'T COVER HIS THERAPY SESSIONS RIGHT NOW, SO WE'RE, WE'RE CONSTANTLY SPENDING EVERY WEEK.
SO THIS ADDED COST OF RESTRUCTURING AND MOVING THE DOOR, IT IS JUST, IT'S A HARDSHIP FOR US PRETTY MUCH YOU CAN SAY.
AND LIKE I SAID, IT'S BEEN THERE FOR 10 YEARS, NEVER BEEN AN ISSUE.
AND WE HAVE THE, THE SUPPORT AS YOU CAN SEE FOR THE PEOPLE THAT LIVE IN FRONT OF US.
THE ONLY ONE THAT DIDN'T RESPOND BACK IS OF COURSE, THAT, THAT THAT HOUSE MANNA COMMISSIONER MANNA.
SO, UM, THIS QUESTION FOR CITY, SO IS THERE ANY, UH, FIRE, UH, QUESTIONS, UH, FIRE RATINGS QUESTIONS HERE, UH, WITH REGARDS TO BEING ON THAT PROPERTY LINE AND, UH, CLOSE TO THE OTHER HOUSE? SO ANY UH, STRUCTURE THAT IS WITHIN FIVE FEET OF PROPERTY HAS TO BE, UH, FIRE RATED.
SO IF APPROVED, THEY'LL THEN HAVE TO PULL THE APPROPRIATE PERMITS AND THEN THAT WILL BE REVIEWED TO MAKE SURE THAT THE MATERIALS ARE FIRE RATED.
UH, THERE IS A, I FORGOT TO MENTION, THERE IS A NEW PRODUCT THAT IT'S A, IT'S A, IT'S A PAINT THAT'S MADE FOR WOOD AND IT'S, I BELIEVE A ONE HOUR, ONE AND A HALF HOUR FIRE RATING.
I MEAN, I'M, I'M WILLING TO DO THAT.
I MEAN, IT IS, IT'S NOT THAT EXPENSIVE AS FAR AS CUTTING BACK THE, THE PATIO, BUT, WELL, THAT'S SOMETHING THAT YOU'LL WORK WITH, WITH THE, IF THIS GETS APPROVED, IF ITS APPROVED STAFF, IF IT'S SOMETHING THAT WE CAN DO AS FAR AS WE JUST HEAR ABOUT THE IDEA OF IT BEING THAT CLOSE.
THERE IS A, UH, FIRE RETIREMENT PRODUCT FOR OKAY.
ARE THERE ANY OTHER QUESTIONS? ANYONE ELSE? UM, I JUST WANTED TO ADD ONE MORE THING.
HOW, WHAT IS THE DEPTH OF THIS? YOU, YOU MENTIONED IT WAS CLOSE TO, YOU KNOW, NINE AND A HALF, 10 FEET DEEP, BUT HOW, HOW LONG IS IT? HOW, HOW WIDE IS IT? WELL, THE WIDTH OF IT FROM THE PATIO DOOR TO, NO, LIKE THE, HOW, HOW FAR DOES IT EXTEND ALONG THE SIDE PROPERTY LINE ALONG THE SIDE PROPERTY LINE, IF I'M NOT MISTAKEN? UM, CAN'T SEE.
YEAH, I'M TRYING TO FIGURE OUT THE SCOPE, UH, OF THE ENCROACHMENT.
IT'S, IT, NO, IT'S RIGHT THERE FROM, IT'S A, I BELIEVE I, I CAN'T SEE YOU GOT 466 INCHES FROM THE FRONT, BUT I'M TRYING TO FIGURE OUT HOW FAR, HOW FAR BACK DOES IT GO, MAN? NOT ON THERE.
YEAH, IT'S ROUGHLY, SO IT'S, IT'S, IT'S A PITCH.
I'M, I'M MISTAKEN IT'S 12 FEET COMING DOWN ON 12 FEET COMING DOWN.
I JUST, I'M JUST TRYING TO, YEAH.
AND THE WAY IT'S PITCHED, THE WATERFALLS ON OUR PROPERTY LINE AND WE ADDED GUTTERS TO IT TOO, WHERE IT'S, WAS THERE GUTTERS ON IT FOR THE LAST 10 YEARS? YES.
UH, SO WHAT HAPPENS IS THIS BOARD CAN, UH, CAN EITHER APPROVE OR WE CAN DO SOMETHING, UH, A LITTLE LESS.
SO, UM, SO WE, WE WERE ASKING QUESTIONS, IT WAS QUESTIONS ABOUT WHETHER OR NOT YOU COULD TAKE OFF ONE FOOT, TWO FOOT, THREE FOOT.
WE'RE TRYING TO GET AN IDEA, UH, OF, OF THE FUNCTIONALITY OF SUCH A THING.
UH, WHATEVER HAPPENS, UH, YOU'LL HAVE TO GO THROUGH PERMITTING.
UM, BUT IF, IF ANY, ANYONE LIKE TO, UH, MOVE ON TO A MOTION ON THIS
[01:20:02]
TEAL COMMISSIONER TEAL.SO IF YOU COULD TAKE A SEAT, SIR.
WE'RE GOING TO DELIBERATE REGARDING CASE NUMBER BO O A DASH 21 DASH 0 3 0 0 1 8 3.
I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A FOUR FOOT NINE INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A PATIO COVER WITH NO OVERHANG TO BE THREE INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 1 8 3 1 RED ELM APPLICANT BEING MARIO ZAZU.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY YEAH, I FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE APPLICANT REQUESTING A FOUR FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A PATIO COVER WITH NO OVERHANG TO BE THREE INCHES FROM THE SIDE PROPERTY LINE, WHICH DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST AS THERE IS ADEQUATE SPACE FROM THE ADJACENT STRUCTURE TO DUE TO SPECIAL CONDITIONS.
A LITERAL ENFORCEMENT OF THE CONDITIONS, EXCUSE ME, OF THE ORDINANCE, WOULD RESULT IN AN UNNECESSARY HARDSHIP.
THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT HAVING TO MOVE THE POST OF THE STRUCTURE FIVE FOOT AWAY FROM THE PROPERTY LINES, WHICH WOULD REQUIRE DEMOLISHING THE COVERED PATIO.
THE LIMITED SPACE IN THE SIDE YARD DOES NOT ALLOW FOR THE PATIO COVER TO BE FIVE FOOT FROM THE SIDE PROPERTY LINE THREE, BY GRANTING THE VARIANCE SPIRIT OF ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
SPIRIT OF ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE STRUCTURE IS CURRENTLY SET BACK THREE INCHES FROM THE SIDE.
PROPERTY LINE CONTAINS GUTTERS TO CONTROL WATER RUNOFF AND THE OVERHANG WILL BE REMOVED.
THESE CIRCUMSTANCES OBSERVE THE SPIRIT OF THE ORDINANCE.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH A VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THE REQUEST FOR A FOUR FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT IS ENOUGH SPACE AWAY FROM THE ADJACENT PROPERTY LINE AND IS NOT LIKELY TO NEGATIVELY AFFECT THE ADJACENT NEIGHBORING PROPERTY.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF THE GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS LIMITED SPACE IN THE SIDE YARD.
AND A MOTION IS THERE A SECOND? SECOND, SECOND.
COMMISSIONER CRUZ, UH, COMMISSIONER THIEL? YOU CAN LEAD THE DISCUSSION PLEASE.
YES, I'LL BE IN SUPPORT OF THIS.
UH, THE, THE, UH, PATIO COVER HAS BEEN THERE, UH, AS MENTIONED OVER A DECADE.
UH, THERE ARE EXTENDING EXTENUATING CIRCUMSTANCES AS IT'S A SAFE PLACE FOR THEIR CHILD, SAFE PLACE FOR THEIR CHILD WITH P T S D.
AND, UH, YOU KNOW, IT HASN'T BEEN AN ISSUE THUS FAR.
IT SEEMS TO BLEND IN THE WATER'S RUNNING OFF ON THEIR PROPERTY AND NOT THE OTHERS.
AND IT APPEARS THAT IF THE NEIGHBORHOOD NEIGHBOR IS IN OPPOSITION, THEY WOULD'VE AT LEAST STATED SO, UH, THROUGH THEIR PROCESSES OR HAVE BEEN PRESENT.
UH, YES, I CONCUR WITH MR. KEEL.
I THINK THAT IT, THIS WOULD STILL BE A GOOD, UH, PROJECT AND I DON'T SEE ANY PROBLEMS WITH IT.
UH, ANY OTHER COMMISSIONERS? MINKA, COMMISSIONER ZUNA, AND THEN MINKA.
COULD WE ASK FOR FRIENDLY AMENDMENT TO LIMIT THE, UH, LENGTH OF THE, UH, VARIANCE TO THE EXISTING, UM, PATIO? SURE.
IS COMMISSIONER CRUZ YOU, IS THAT OKAY? YES, SIR.
WE JUST MERELY STATED THAT YOU CAN'T EXTEND THE PATIO FURTHER DOWN THE PROPERTY LINE EITHER ON EITHER SIDE.
SO THE EXISTING SITE CONDITION IS EXISTING.
COMMISSIONER MINKA, I'M IN FAVOR, BUT, UH, I JUST HAVE ONE LITTLE CONCERN FOR THE PROPERTY OWNER AND THE NEIGHBOR IN TERMS OF BEING FIRE RATED MATERIALS.
AND IF YOU DECIDE TO ON A RAINY DAY BARBECUE AND THE PROGRAM GOES UP, THAT'S THE ONLY CONCERN I HAVE.
AND OKAY, UM, I'LL, I'LL ADD IN THAT, UH, BECAUSE I'LL HAVE TO GO THROUGH PERMITTING, UH, WHATEVER MEANS OR METHODS THEY USE TO FIREPROOF, WE'LL HAVE TO, UH, MEET WITH THE BUILDING OFFICIAL REVIEW AND INSPECTION.
AND THIS WILL BE INSPECTED, CORRECT? CATHERINE? IT WILL REQUIRE AN INSPECTION.
UM, I'M GONNA ADD, OKAY, I'M GONNA ADD THAT, UH, I'M IN FAVOR OF THIS, UH, FOR A FEW REASONS.
ONE, IT HAS BEEN THERE 10 YEARS, BUT THE, THE APPLICANT, UM, DID, DID STATE THAT THE PATIO DOOR WAS THERE WHEN THE HOUSE WAS BUILT.
IT'S NOT LIKE THEY ADDED THE PATIO DOOR.
IT WAS ALWAYS INTENDED TO BE A PATIO ON THE SIDE OF THE HOME.
THEY JUST HAPPENED TO COVER IT, WHICH IS VERY NORMAL.
UH, AND THEY, THEY COLLECTIVELY PUT IN GUTTERS 10
[01:25:01]
YEARS AGO, UH, AND TRIED TO BE RESPONSIBLE WHEN THEY, WHEN THEY DID COVER IT.SO, UM, I THINK GOING THROUGH THE PERMITTING PROCESS IS ENOUGH FOR ME.
UH, ANYONE ELSE LIKE TO ADD IN BEFORE WE GO TO A VOTE? HEARING NONE, UH, STAFF, PLEASE TAKE A ROLL CALL.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
OH, CAN YOU REPEAT THAT OR GIVE A THUMBS UP IF YOU AGREE? THANK YOU MR. ZUNA.
YOU CAN GET WITH STAFF TO TALK TO YOU ABOUT YOUR NEXT STEPS.
I'LL BE, I'M CALLING FOR A BREAK.
ALL RIGHT, WE'RE GOING TO GET THIS, UH, MEETING BACK ON TRACK.
SO STAFF, I THINK IT'S ITEM FIVE IS THE NEXT ITEM.
RICH B VASQUEZ PLANNER WITH, UH, DEVELOPMENT SERVICES, UM, BO O 8 21.
ADDRESS AT 1 2 2 HUERTA IN DISTRICT FIVE.
APPLICANT BEING, UM, TOBIAS MAN MANANO.
UM, REQUEST FOR A ONE FOR A 707 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT REQUIREMENT TO ALLOW A STRUCTURE TO BE BUILT ON THE LOT SIZE OF 3,230 SQUARE FEET AND TWO, A NINE FOOT FOUR INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A RESIDENTIAL STRUCTURE TO BE BUILT.
10 FEET EIGHT INCHES AWAY FROM THE REAR PROPERTY LINE.
UH, ZONING RIGHT NOW IS R FOURS RESIDENTIAL SINGLE FAMILY WITHOUT OVER RELEASE REMAINING THE SAME.
THE SUBJECT PROPERTY IS LOCATED ALONG HORTA STREET AND IS CURRENTLY A VACANT LAWN.
APPLICANT IS REQUESTING A 707 SQUARE FOOT VARIANCE FROM TO THE 4,000 SQUARE FEET MINIMUM LOT SIDE REQUIREMENT FROM FROM A AND A NINE FOOT FOUR INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO BUILD A RESIDENTIAL STRUCTURE ON A VACANT LOT UPON SITE VISIT.
STAFF OBSERVED MANY VACANT LOTS IN THE IMMEDIATE AREA.
UH, THERE'S A PICTURE OF THE SITE PLAN SURROUNDING AREAS.
THE PROPERTY ITSELF SELF MORE SURROUNDING AREA STAFF RECOMMENDS APPROVAL IN BO O A 21 1 0 3 0 0 180 8 BASED ON THE FOLLOWING FINDINGS OF FACT.
THERE ARE LOTS OF SIMILAR SIZES IN IMMEDIATE AREA AND THE VARIANCE TO THE MINIMUM LOT SIZE REQUIREMENT, MINIMUM LOT SIZE WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.
AND THE READER SETBACK VARIANCE DOES NOT APPEAR TO ADVERSELY AFFECT SURROUNDING PROPERTIES AS THERE APPEARS TO BE ADEQUATE SPACE FROM ADJACENT STRUCTURES.
ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE SAN JUAN GARDENS AND CALLING GARDENS NEIGHBORHOOD ASSOCIATIONS.
AND THAT CONCLUDES THAT PRESENTATION, UH, QUICKLY.
WHICH I, IS THAT THE NAME OF THE ASSOCIATION OR ARE THEY TWO DIFFERENT ASSOCIATIONS? THAT IT'S TWO DIFFERENT ONES.
IS THE APPLICANT PRESENT? YES.
STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN BEGIN YOUR PRESENTATION.
UM, MY ADDRESS IS 1 1 6 3 1 COLLIBRA ROAD, UM, SAN ANTONIO, TEXAS 7 8 2 5 3.
UM, I HAVE SITE SOME LARGER SITE PLANS IF YOU GUYS WOULD LIKE TO SEE THEM.
GIVE 'EM THE STAFF, THEY'LL PASS 'EM OUT FOR YOU.
I HAVE ANOTHER ONE HERE, AND THEN I HAVE A SMALLER
[01:30:03]
YEAH, THEY'RE ALL THE, YOU CAN FLIP OVER.SO THE FIRST PART'S, THE ENGINEERING KEEP GOING.
SO THE, THE AREA THAT, THAT WE OWNED A LOT IN, WE ACTUALLY OWN THE NEXT TWO LOTS OVER TO THAT.
AND THEN THE LAST, THE LAST HOUSE ON THE LEFT SIDE OF THAT STREET.
UM, SO WHAT, WHEN I LOOKED, WE'RE ACTUALLY, THERE'S NOT A LOT OF ACTIVITY IN THIS AREA, AND WE'RE LOOKING TO DEVELOP THOSE THAT WHOLE, THE, THE WHOLE THREE LOTS THAT WE HAVE THERE.
UM, WE'RE LOOKING TO DEVELOP THE SAME TYPE OF FLOOR PLAN, UM, THAT'S IN THE AREA.
THE, THE LOTS OBVIOUSLY SIGNIFICANTLY LESS THAN WHAT IT ZONED.
IT'S DRASTICALLY LESS OBVIOUSLY THAN 4,000 SQUARE FEET.
AND SO WE, WE, EVEN TO AVOID BEING HERE, WE EVEN TRY TO, UM, USE THE SETBACKS TO, UM, RECONSTRUCT THE, THE BUILDING OR THE, THE, THE HOUSE THAT WE WANT TO BUILD.
AND YOU GET THIS FUNKY LITTLE HOUSE WITH A BIG YARD IN THE BACK AND A BIG YARD IN THE FRONT AND IT JUST LOOKS OFF.
AND SO THIS, THIS PLAN ACTUALLY IS DESIGNED TO OFFER MORE SQUARE FOOTAGE IN THE AREA THAN WHAT'S ACTUALLY THERE NOW.
UM, AND WE'RE TRYING TO REALLY ATTRACT LIKE A DIFFERENT BUYER TO THAT AREA TO, BECAUSE THERE'S NOT A LOT OF ACTIVITY YET IN THIS AREA.
THERE'S A COUPLE HOUSES THAT HAVE BEEN FLIPPED, BUT THEY'RE, AGAIN, THEY'RE ALL SMALL, TINY LITTLE HOUSES RANDOMLY PUT INTO THIS AREA.
AND SO WE ACTUALLY WOULD NEED, UM, A VARIANCE FROM THE BACK, FROM THE REAR, SO THAT WAY, SO THAT WAY IT ALLOWS US TO MAXIMIZE ON THE SQUARE FOOTAGE THAT WE OFFER ON THIS NEW BUILD.
AND WE, WE ARE GONNA ALSO NEED IN THE FRONT AS WELL, UM, TO, SO THAT WAY WE DON'T JEOPARDIZE THE STRUCTURE OF WHAT WE ARE TRYING TO BUILD.
AND SO THE IDEA IS TO BUILD THIS SAME TYPE OF LAYOUT HERE, UM, ON ALL THREE LOTS ON ALL THREE LOTS.
WE'RE ALSO LOOKING IN THE AREA TO PURCHASE MORE LOTS SO WE CAN DO THE SAME AND CONTINUE TRYING TO GET THIS AREA TO ATTRACT MORE INVESTORS TO KIND OF REVAMP THE AREA AS WELL.
AND SO, UM, I, I DON'T, I DON'T SEE IT AFFECTING THE ANYONE, LIKE, LIKE AS STATED BY UM, UM, THE CITY.
I DON'T, I DON'T SEE IT AFFECTING ANYONE IN THE AREA.
THE WHOLE AREA HAS BEEN IS ZONED R FOUR AND A LOT.
IF YOU LOOK AT THE LOTS, A LOT OF THE HOUSES ALREADY THERE, THEY'RE IN ODD POSITIONS.
THERE'S A LOT OF ENCROACHMENTS IN THIS AREA.
THERE'S A LOT OF, UM, WEIRD LOOKING SMALL HOUSES WITH, UM, BIGGER FRONT YARDS OR BIGGER BACKYARDS.
AND SO WE'RE REALLY TRYING TO BRING SOMETHING DIFFERENT TO THIS AREA.
UM, STAFF, IS THERE ANYONE SIGN UP TO SPEAK? NO.
NO VOICEMAILS OR ANYTHING? HUH? ALL RIGHT.
SO WE'RE GONNA OVER THIS UP TO QUESTIONS.
ANY COMMISSIONER QUESTIONS? BRUCE BRAGMAN.
OKAY, WE'RE GONNA GO TO COMMISSIONER BRAGMAN AND THEN CRUZ.
COULD YOU SHOW ON THE MAP WHICH LOTS YOU SAID YOU OWN BESIDES THIS ONE? SURE.
DO YOU WANNA PULL THAT UP? WE OWE ONE.
WE OWE UH, 1, 2, 2, UH, 1 1 4 AND 1 1 6.
SO WE JUST, WE JUST HAD, UM, WE JUST HAD THE 1 1 4 AND 1 1 6, UM, SURVEYED BECAUSE RIGHT NOW THERE'S THE, WE PUR, WHEN WE PURCHASED THESE PROPERTIES, THERE WAS A, ORIGINALLY A, A, A HUGE, THE PRIOR OWNER I GUESS WANTED TO BUILD SOMETHING, BUT THEY DIDN'T GO THROUGH PERMITTING OR ANYTHING LIKE THAT, SO THEY JUST PUT THIS WHOLE SLAB ON BOTH, AND IT'S RUNNING THROUGH THE MIDDLE OF THE LOTS.
AND SO NOW WE HAVE TO GO AND WE HAD TO BREAK UP THIS WHOLE SLAB.
WE HAD TO GET EVERYTHING IN ORDER TO SEPARATE EACH LOT AND, AND REDO EVERYTHING ON THAT LOT.
SO WE'RE, WE'RE HAVING TO, SO 1, 1, 4, 1 2 2 AND 1 1 6.
SO FROM 1 1 2 TO 1, 1 0, 1 1 0 ALREADY HAS AN EXISTING LOT.
I MEAN AN EXISTING HOUSE ON THERE ALREADY, UM, THAT HAS A RENTER IN IT.
AND THAT, THAT WAS ALREADY A, THAT WAS ALREADY THERE.
SO THAT, THAT LOT ACTUALLY IT'S, IT, IT, THE SET BACK'S NOT 20 FEET FROM THAT.
SO IT'S, IT'S ALREADY, IT, I THINK IT'S LESS THAN 10, RIGHT? 10 FEET.
IT'S ABOUT 10 FEET FROM THE REAR TO THE FRONT.
SO 1, 2, 2 IS THE, THE ONE WE'RE LOOKING FOR THE VARIANCE ON.
BUT ACTUALLY WE ARE, WE ARE GONNA BE NEEDING THE VARIANCE ON 1 1 6 ON 1 1 4 AS WELL.
IF WE'RE GOING TO PUT THE SAME TYPE OF, UM, HOUSE, HOUSE, DEVELOP THE, SORRY HOUSE THAT WE'RE TRYING TO DEVELOP THERE IN THIS AREA AS WELL.
[01:35:01]
UM, BECAUSE THEY'RE ALL 1, 1 6 AND 1 1 4.THEY ARE, THEY HAVE A SLAB THERE ALREADY, A HUGE SLAB.
UM, I DON'T KNOW IF YOU CAN SEE IT IN THE PICTURE.
YEAH, YOU CAN SEE IT IN THE PICTURES.
THIS, WHOEVER OWNED THIS PROPERTY PRIOR TO US, I DON'T KNOW WHAT THEY WERE TRYING TO DO.
IT ALREADY, WE HAD TO TEAR THIS WHOLE THING DOWN TO, TO REDO, TO ACTUALLY FIT WHAT WE WANT TO FIT IN THERE.
THE PLAN WAS ORIGINALLY TO, TO SEE IF WE CAN USE THAT SLAB, BUT IT'S JUST NOT GONNA WORK.
SO THE PLAN IS TO ACTUALLY PUT THIS SAME, THIS SAME ACT, THESE SAME PLANS ONTO ALL THREE LOTS IN THIS AREA.
COMMISSIONER, I'VE ALREADY FORGOT THE ORDER.
COMMISSIONER CRUZ AND THEN CAPTAIN.
I'M JUST WONDERING, WITH THE AMOUNT OF PROPERTY THAT YOU'RE GONNA HAVE, WHAT ARE YOU THINKING OF BUILDING? IS IT GONNA BE TWO STORY HOMES? I MEAN, UH, TWO BEDROOM HOMES OR THREE BEDROOM HOMES.
SO THEY'RE GONNA BE THREE BEDROOM, TWO BATHS.
UM, APPROXIMATELY 1300 SQUARE FEET.
IF YOU LOOK IN THE AREA, THERE'S NOT A LOT OF SQUARE FOOTAGE.
EVERYTHING'S ABOUT NINE, EIGHT.
EVERYTHING'S REALLY EVERYWHERE, TO BE QUITE HONEST WITH YOU IN THIS AREA.
UM, I LOOKED BECAUSE WE ALSO, WE ALSO FLIP RIGHT, WE, WE INVEST HEAVILY IN, INTO SAN ANTONIO INTO THE COMMUNITY AND DO A LOT OF FLIPS.
AND I LOOKED IN THIS AREA AND, UH, THIS AREA DOESN'T REALLY HAVE TOO MUCH ACTIVITY.
SO WE'RE HOPING BY OFFERING A BIGGER HOUSE TO THE AREA WITH MORE SQUARE FOOTAGE, IT ONE ATTRACTS A DIFFERENT TYPE OF BUYER TO THIS AREA.
UM, AND, AND IT ATTRACTS MORE INVESTORS AND MORE DEVELOPMENT INTO WANTING TO PURCHASE AND, AND RE REVAMP THIS PARTICULAR AREA.
AND I KNOW THAT A LOT OF STUFF'S HEADING FROM INSIDE DOWNTOWN OUT THIS WAY TO THIS AREA.
IT JUST HASN'T HIT QUITE IN THIS SPECIFIC AREA.
SO, SO AM I UNDERSTANDING THEN THAT YOU'RE GOING TO BE SELLING THESE HOUSES WHEN THEY'RE BUILT? YES MA'AM.
WE'LL BE SELLING THESE HOUSES WHEN THEY'RE BUILT.
ANYONE ELSE? COMMISSIONER CRUZ.
OKAY, I GOT ONE MORE QUESTION.
UM, ON THE PICTURES, IT SHOWS QUITE A FEW TREES.
ARE THOSE STILL GONNA STAY THERE OR ARE YOU GONNA BE REMOVING SOME AND THEN REPLANTING? SO ON THE ACTUAL LOTS, IT'S THESE, SO THE TREES YOU SEE THERE, THEY'RE ALL ON THE BOUNDARY LINE OF THE ACTUAL LOT.
THERE'S NO TREES IN THE MIDDLE.
UM, WE DO HAVE TO, UM, COMPLY WITH THE, UH, CANOPY REQUEST, UM, FOR THE CITY.
SO WE WILL END UP ACTUALLY PLANTING ONE OR TWO TREES ON EACH LOT IN THE BACK OR THE FRONT.
AND SO THERE ARE PLANS IN PLACE TO TO, TO, UM, COMPENSATE FOR, FOR ANY TREES THAT ARE TAKING DOWN THAT ARE ON THE BO ON THE BOUNDARY LINE BECAUSE A LOT OF THE TREES YOU SEE, LIKE FOR INSTANCE, THE ONE THAT LOOKS HERE IN THE MIDDLE MM-HMM.
THAT'S ACTUALLY SPLIT IN THE MIDDLE OF THE BOUNDARY LINE OF 1 2 2 AND 1 1 4.
SO THAT, THAT TREE, THOSE TREES WOULD HAVE TO ESSENTIALLY COME DOWN.
UM, BUT AGAIN, WE PLAN ON REPLANTING TREES ON, ON EACH LOT THAT WE BUILD ON MANNA COMMISSIONER MANNA.
SO IT, IT, IT LOOKS LIKE THERE'S, UH, YOU'RE PLANNING FOR PARKING GARAGE OR A GARAGE THERE ON, ON EACH OF THE HOMES.
SO, SO PLAN IS TO ACTUALLY PROVIDING THE PARKING SO THAT THE THEY'LL
SO IF YOU ACTUALLY FLIP, YOU WANT ME TO SHOW YOU THE PAGE AND GET THE PICTURE? YOU CAN HANDLE THOSE TO THEM IF YOU LIKE.
THAT'S WHY I GAVE THEM FOUR THERE.
SO I, I MADE BIGGER COPIES SO THAT YOU GUYS CAN KIND OF LOOK THEM ON.
YEAH, IF YOU WANT TO PASS 'EM OUT, WE CAN WORK 'EM, WORK 'EM DOWN.
IT'S ALL JUST, I I BROUGHT TWO AND THEN THIS ONE 'CAUSE I DIDN'T KNOW PUT ONE ON EITHER SIDE OF THE WORK THE WAY IN THE MIDDLE.
I WAS, THIS IS THE, LEMME SEE HERE.
OKAY, SO THIS PAGE IS THE FLOOR PLAN, THIS IS THE FLOOR PLAN AND THEN THIS IS THE OUTSIDE ELEVATION.
WHAT PAGE IS THAT? OKAY, SO WE HAVE ONE.
SO THE FIR THE FIRST PART OF THE PLANS ARE THE INTERNAL STRUCTURAL PLANS.
THE, FOR THE FOUNDATION? YEAH.
THE EIGHTH PAGE BACK IS THE FLOOR PLAN AND THEN THE PAGE AFTER THE FLOOR PLAN, YOU'LL SEE THE OUTSIDE ELEVATION.
COMMISSIONER MANER, YOU'RE IN THE MIDDLE OF A QUESTION STILL.
SO, WELL, I GUESS I WANTED TO MAKE SURE THERE'S GONNA BE ADEQUATE PARKING IN THE YES.
AND THEN, UM, WHAT'S THE, THE PROPOSED DISTANCE, UH, FROM THE, WE'LL SAY THE GARAGE FACE TO THE STREET.
UM, SO, 'CAUSE ONE OF THE QUESTIONS WE ASK REGULARLY IS, IS WILL WE BE BLOCKING DRIVEWAYS, ET CETERA, YOU KNOW MM-HMM.
UM, SO YOU CAN SEE ON THE, ON THE FLOOR PLAN HERE THAT WE HAVE, UM, WE HAVE A SPACE FOR A GARAGE AND PARKING.
SO MAYBE THAT HELPS ANSWER YOUR QUESTION.
WHAT WHAT, WHAT'S THE DISTANCE FROM THE FACE OF THE GARAGE DOOR TO THE, BECAUSE YOU HAVE A SIDEWALK, YOU CAN'T BLOCK A SIDEWALK WHEN YOU PARK IN, IN THE DRIVEWAY.
SO WHAT'S THE FACE OF THE GARAGE TO THE,
[01:40:01]
TO THE BACK OF THAT SIDEWALK? SO THE, THE DISTANCE FROM THE FACE OF THE GARAGE TO THE SIDE OF THE SIDEWALK IS IT'S APPROXIMATELY 11 AND A HALF FEET STAFF.IS THAT A, IS THAT AN ISSUE? I THOUGHT THERE WAS SOME REQUIREMENT.
WHEN YOU HAVE A DRIVEWAY FOR BE CERTAIN DEPTH, IT WOULD BE THE GARAGE DOESN'T NEED TO BE SET BACK 20 FEET, RIGHT? CORRECT.
THE, THE GARAGE AND THE REAR NEED TO BE SET BACK 20 FEET.
THAT'S, THAT'S THE REASON WHY, SEE THAT'S THE THING IS THAT IF WE WERE TO APPROVE THIS VARIANCE TODAY, IT LOOKED LIKE YOU STILL NEED ANOTHER VARIANCE FROM THE DISTANCE FROM THE FACE OF THE GARAGE DOOR MM-HMM.
SO I DON'T KNOW IF WE WERE ABLE TO ADD THAT OR WOULD THAT HAVE BEEN ADVERTISED? SO YEAH, AND THIS, IT WOULD HAVE TO BE READVERTISED.
IS THIS SOMETHING THAT YOU, YOU WANT TO COME BACK OR DO YOU WANT TO DO THIS AND THEN COME BACK AGAIN AND WITH A SEPARATE APPLICATION? SO IT, SO AND IT'S, IT'S 20 FEET FROM TO THE PROPERTY LINE, IS THAT RIGHT? OR TO THE STREET FROM THE PROPERTY LINE.
SO WE HAVE TO DO ANOTHER SEPARATE SETBACK FOR THE FRONT UNLESS WE CUT THE MM-HMM.
BUT IF WE CUT SOME, SO YOU KNOW, WE, STEPH, WHAT WOULD THAT ENTAIL? DOING A RE ADVERTISEMENT.
IS THERE A COST ASSOCIATED WITH THAT? UH, IN THIS CASE NO, BUT A, A CARPORT IS ANOTHER OPTION, RIGHT? SO WE WERE, WE WERE LOOKING AT TRYING TO DO A CARPORT.
WE JUST FELT THAT BECAUSE THIS WHOLE AREA ALREADY HAS LIMITED PARKING, THAT A GARAGE WOULD OFFER SOMETHING TOTALLY DIFFERENT TO THE AREA, ATTRACT A DIFFERENT BUYER.
WELL THIS, THE BALL'S IN YOUR COURT ON THIS, UH, IF WE WERE TO PROCEED WITH THIS APPLICATION, YOU STILL HAVE TO MEET CORRECT.
20 FOOT REQUIREMENT OR IT COULD BE READVERTISED AND YOU CAN COME BACK TO US AND DO IT ALL AT ONCE.
SO WHAT WOULD YOU LIKE TO DO? YOU, YOU'RE ON THE TIME DEVELOPMENT SIDE, RIGHT? RIGHT.
SO YOU'RE REVIEWING IT, SO I'M THE ONE THAT'S COMMUNICATING WITH YOU, CORRECT? YEAH.
SO, SO SORRY, JUST GIVE US ONE SECOND.
THIS IS, THIS IS, THIS IS, THIS PORTION FOR ME IS NEW, LIKE OKAY.
THE HAVING TO GO THROUGH THE VARIOUS AND, AND, AND I AND THE OTHER THING I'LL RECOMMEND TO YOU IS, SIR, IT'S JUST A RECOMMENDATION.
IF YOU'RE GONNA RE ADVERTISE, YOU MIGHT WANT TO SEE A STAFF COULD WORK WITH YOU ABOUT DOING THE OTHER TWO LOTS YOU OWN AS WELL ALL TOGETHER.
WHAT'S, WHAT'S THE CLOSEST DATE? WE, THE NEXT AVAILABLE DATE WOULD BE FEBRUARY 21ST.
UM, I MEAN, JUST KEEP IN MIND YOU CAN'T MOVE FORWARD WITH THIS, RIGHT? CORRECT.
WILL, WILL WE BE ABLE TO, SO JUST TO CLARIFY, HE CAN MOVE FORWARD WITH THE VARIANCE THAT ARE PRESENTED TODAY AND THEN HE CAN WORK TO SEE IF HE'LL MEET, UH, THE GARAGE SETBACK OR DO A CARPORT OPTION.
SO I WOULD, I WOULD RECOMMEND THAT HE COMPLETE THE CASE TODAY SO WE DON'T HAVE TO PAY MORE FEES TO RE ADVERTISE BECAUSE EACH LINE IS A COST.
SO THAT'S WHAT I WAS GONNA ASK.
I WAS GONNA ASK IF WE CAN COMPLETE IT, MOVE FORWARD, SUBMIT THE PLANS WITH THE CARPORT AND THEN RE AND THEN IF WE NEED TO COME BACK FOR THE GARAGE IN THAT, DURING THAT PROCESS, IF WE CHOOSE TO DO SO, WE OKAY.
YEAH, YOU CAN CERTAINLY DO THAT.
SO THEN THAT WOULD BE OUR, OUR OUR GAME PLAN GOING, I MEAN, YOU CAN'T GET A BUILDING PERMIT BASED ON THIS LAYOUT, CORRECT? RIGHT.
SO WE'D HAVE TO RESUBMIT, WE'D JUST HAVE TO GET RID OF THE GARAGE, RESUBMIT IT, AND THEN WE'LL COME BACK ONCE WE START, BECAUSE WE'LL HAVE A LITTLE MORE TIME.
IS THAT OKAY? YEAH, LET'S DO THAT.
SO THEN WE'LL, WE'LL I'LL HAVE, I'LL GET WITH THE ARCHITECT ON, ON THE, ON THE PLAN DEVELOPMENT AND WE WILL, WE WILL FOR NOW X OUT THE GARAGE AND, AND IMPLEMENT A CARPORT.
IMPLEMENT A CARPORT FOR THAT AREA AND THEN COME BACK AND REVISIT IT.
SO, UM, WITH THAT, IF THERE'S NO MORE QUESTIONS, I'M LOOKING FOR A MOTION.
SO, UH, SO I JUST WANT TO, UH, YES, SIR.
QUALIFY ONE MORE QUESTION HERE.
SO, SO AS FAR AS THE FRONT BUILDING SETBACK, UH, 10 FOOT WORKS THEN FROM THE CITY'S PERSPECTIVE? YES.
THE REQUIRED SETBACK IS 10 FEET.
THEY JUST CAN'T HAVE THE GARAGE.
JUST WANTED TO VERIFY THAT PIECE OF IT.
SO BRAMAN COMMISSIONER BRAGMAN, I'M GONNA MAKE A MOTION, PLEASE PROCEED.
REGARDING CASE NUMBER BO O A DASH 21 DASH 0 3 0 180 8.
I MOVE WITH THE BOARD OF ADJUSTMENT GRAND REQUEST FOR ONE OF 770 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT REQUIREMENT TO ALLOW A LOT SIZE OF 3,230 SQUARE FEET AND TWO, A NINE FOOT FOUR INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW RESIDENTIAL STRUCTURE TO BE BUILT.
10 FEET EIGHT INCHES AWAY FROM
[01:45:01]
THE REAR PROPERTY LINE SITUATED AT 1 22 TI STREET.APPLICANTS BEING TOBIAS, UM, SORRY IF I'M GONNA PUT YOUR OWN GAME.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE WOULD DETERMINE SHOW THE PHYSICAL CHARACTER OF THE PROPERTY AND SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SELF SAFETY AND WELFARE OF THE PUBLIC.
THE REQUEST IS TO ALLOW RESIDENTIAL STRUCTURE TO BE BILLED ON A VACANT LOT AS 3,230 SQUARE FEET IN SIZE AND TO ALLOW STRUCTURE TO BE 10 FEET EIGHT INCHES AWAY FROM THE REAR PROPERTY LINE, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST.
AS THE APPLICANT HAS ADEQUATE SPACE FROM ADJACENT STRUCTURES TO DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP.
BY IMPOSING A LITERAL ENFORCEMENT, THE OWNER WOULD NOT BE ABLE TO BUILD A STRUCTURE DUE TO NOT MEETING THE MINIMUM LOT SIZE REQUIREMENT.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED THAT SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS TO DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT EXACT LETTER OF THE LAW.
THE INTENT OF THE MINIMUM LOT SIZE VARIANCE ARREAR SETBACKS IS TO ALLOW ADEQUATE SPACE BETWEEN NEIGHBORING PROPERTIES, APPEARS OF THE SPIRIT OF THE ORDINANCES OBSERVED, AND THERE WILL BE PLENTY OF SPACE BETWEEN STRUCTURES, WHICH DOES NOT POSE ANY FIRE OR LIFE SAFETY ISSUE.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT FIVE.
THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUEST FOR A MINIMUM LOT SIZE VARIANCE OF 770 SQUARE FEET AND TO HAVE A REAR SETBACK VARIANCE OF NINE FEET, FOUR INCHES FROM THE PROPERTY LINE, DOES NOT POSE A RISK OF SUBSTANTIAL INJURING, SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULTS OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS THAT THE PLIGHT OF THE PROPERTY OWNERS SAW IT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THAT THE LOTS ARE SIMILAR IN THE AREA AND OTHER RESIDENTIAL STRUCTURES ARE BUILT ON SIMILAR LOT SIZES.
THE OWNER PURCHASED THE PROPERTY, WHICH THE CURRENT LOT SIZE IT HAS AND WAS NOT ALTERED OR SUBDIVIDED BY THE OWNER.
UH, COMMISSIONER BRAGMAN, PLEASE LEAVE THE DISCUSSION.
YEAH, I'M GONNA BE IN FAVOR OF THIS MOTION.
UM, AS WE'VE DISCUSSED, UH, IN MANY DIFFERENT, UM, SCENARIOS, SAN ANTONIO'S FACING A HOUSING SHORTAGE ESPECIALLY OF AFFORDABLE HOUSING.
SO, UM, I'D LIKE TO SEE THAT, UM, AREAS ARE BEING INFILLED, UH, AND THAT WE CAN START DEVELOPING OTHER AREAS.
SO AGAIN, I'LL BE IN SUPPORT OF THE MOTION COMMISSIONER CRUZ.
UM, YES, WITH SO MANY EMPTY LOTS IN THAT AREA, THAT WOULD BE A GREAT PROPOSAL AND I THINK WITH THEM, UH, EXPANDING WOULD BE EVEN BETTER AND IT WOULD HELP THAT NEIGHBORHOOD.
UH, ANY OTHER COMMISSIONERS?
UM, UH, I THINK WHAT WE HAVE HERE IS A, IS A REALLY GOOD INFILL.
SOMETIMES YOU SEE INFILL REQUESTS THAT, UH, REQUIRE A LOT OF UNDERSTANDING TO, TO ALLOW 'EM TO WORK, BUT THIS ONE IS VERY RESPECTFUL OF THE NEIGHBORHOOD.
IT'S A NICE LITTLE ONE STORY HOUSE WITH PROPER SIDE SETBACKS GONNA TAKE CARE OF THE PARKING PROBLEM.
THE OTHER NEIGHBORS ARE GONNA LIKE IT.
I THINK IT'S GONNA FIT RIGHT IN, AND THEN HOPEFULLY WE CAN DO IT AGAIN AND AGAIN.
UH, ANYONE ELSE? HEARING NONE? UH, STAFF PLEASE TAKE A ROLL CALL.
UM, MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. MANNA I CONCUR WITH THE FINDINGS OF FACT.
MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT.
UM, LOOK FORWARD TO SEEING YOU ON THE 21ST, PERHAPS.
IF YOU'D LIKE YOUR PRINTS BACK, YOU CAN KEEP 'EM, I MEAN, OKAY.
[01:50:03]
ITEM SIX.ITEM NUMBER SIX IS FOR BO O A 21.
LOCATED AT 1 5 1 SAVANNAH STREET WITHIN COUNCIL DISTRICT ONE, THE APPLICANT BEING LUIS GONZALEZ.
AND THE REQUEST IS FOR A SEVEN FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW CARPORT WITH A ONE FOOT SIX INCH OVERHANG TO BE THREE FEET FROM THE FRONT PROPERTY LINE.
THE PROPERTY ZONE R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT.
THE SUBJECT PROPERTY IS LOCATED ALONG SAVANNAH DRIVE.
NEAR WONDER PARKWAY, THE APPLICANT OBTAINED A PERMIT FOR AN ATTACHED CARPORT LOCATED IN THE FRONT YARD OF THE SUBJECT PROPERTY.
DURING A FIELD INSPECTION, IT WAS DETERMINED THAT THE STRUCTURE DID NOT MEET THE MINIMUM FRONT SETBACK REQUIREMENT.
THE APPLICANT MAY HAVE BEEN USING THE STREET CURB AS THE PROPERTY LINE WHEN TAKING THE FRONT SETBACK MEASUREMENT RESULTING IN THE CARPORT BEING CONSTRUCTED CLOSER TO THE PROPERTY LINE.
CONSTRUCTION OF THE CARPORT HAS ALREADY COMMENCED, BUT IS NOT COMPLETE.
UPON THE SITE VISIT CONDUCTED BY STAFF, IT WAS OBSERVED THAT THE CAR PUT IS THREE FEET FROM THE FRONT PROPERTY LINE AND IT HAS A ONE FOOT SIX INCH OVERHANG.
THIS IS THE SITE PLAN PROVIDED BY THE APPLICANT, THE SUBJECT PROPERTY, THE CONSTRUCTION OF THE CARPORT, AND THE PATIO COVER.
THIS IS A MEASUREMENT OF THE OVERHANG AND THE MEASUREMENT TAKEN FROM THE CARPORT TO THE FRONT PROPERTY LINE, THE SURROUNDING AREA, AND THE SURROUNDING AREA.
UM, THERE WERE SOME SIMILAR CARPORTS FOUND, UH, TO IN THE AREA, WHICH YOU'LL SEE IN THE POWERPOINT.
UM, ALSO NOT MEETING THE REQUIREMENT.
STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT.
ONE, THE STRUCTURE IS CURRENTLY THREE FEET FROM THE REAR, EXCUSE ME, THE FRONT PROPERTY LINE.
AND TWO, THE STRUCTURE CONFIRMS THE SIDE SETBACK REQUIREMENT.
AND THREE, NUMEROUS CARPORTS WERE OBSERVED IN THE SURROUNDING VICINITY.
THEREFORE, THE STRUCTURE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.
UM, I KNOW THE POWERPOINT SAYS ZERO IN FAVOR.
HOWEVER, WE DID RECEIVE FOUR IN FAVOR THIS MORNING AND ZERO OPPOSED.
WE DID NOT RECEIVE A RESPONSE FROM BELLEVUE AREA NEIGHBORHOOD ASSOCIATION.
THIS CONCLUDES STAFF'S PRESENTATION AND STAFF IS AVAILABLE TO ANSWER ANY QUESTIONS AND THE APPLICANT IS PRESENT.
IF THE APPLICANT CAN PLEASE COME FORWARD.
IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS.
UH, YOU CAN BEGIN YOUR PRESENTATION.
MY NAME IS LUIS GONZALEZ AND I LIVE AT 1 51 DRIVE.
SO THE PROJECT WAS A, A CARPORT FOR THE VEHICLE, BUT THE ISSUE IS THAT THE, THE STREET IS VERY NARROW, SO THERE'S VERY LITTLE SPACE IN ORDER FOR VEHICLES TO BE ABLE TO TRANSIT.
THERE WERE ISSUES WITH MY VEHICLE AT TIMES.
THEY EITHER BROKE THE MIRRORS OR THEY SCRATCHED MY VEHICLES.
UM, UM, WE DECIDED TO PROCEED WITH THIS PROJECT WITH THE CARPORT, AND THEN I CAME TO GET THE PERMIT.
SO I DID PRESENT MY MEASUREMENTS.
MY, MY MISTAKE WAS THAT I TOOK MEASUREMENTS FROM THE SIDEWALK.
I DIDN'T KNOW I, I HAD A SETBACK LIMIT, UM, SIDEWALK.
AND WHEN THE CITY INSPECTOR ARRIVED, HE'S THE PERSON WHO LET ME KNOW THAT I SHOULD NOT HAVE MEASURED BEGINNING FROM THE STREET, BUT FROM THE, THE SETBACK LINE AND TOWARDS THE HOUSE.
UM, SO THEY SAID THAT THEY NEEDED TO, THAT, THAT THE WAS 10 FEET THAT I WAS SUPPOSED TO HAVE.
BUT WHEN I, WHEN I, UH, CHECKED THE MEASUREMENTS, IF
[01:55:01]
WE WOULD DO IT THAT WAY, THEN THE VEHICLES WERE, WOULD BE LEFT STICKING OUT OF THE CARPORT.UM, UH, I DID SPEAK TO MY IMMEDIATE NEIGHBORS, WHICH ARE TO THE SITES AND ACROSS THE STREET.
NONE OF THEM HAVE AN ISSUE WITH IT.
I DO HAVE SIGNED LETTERS FROM THEM WITH THEIR ADDRESSES AND PHONE NUMBERS.
AND WE ALSO CONSIDERED PUTTING THE, THE, THE PARTS THAT GO ON THE ROOF TO DRAIN THE WATER.
THE, I ALSO DID CONSIDER PUTTING THE GUTTERS.
SO THE PLAN IS THAT ADDING THE GUTTERS IN ORDER TO CONTROL THE WATER.
UM, SO THE ONLY THING THAT, THE ONLY AREA THAT WOULD BE AFFECTED WOULD BE THE FRONT AREA, NOT THE SIDE TOWARDS THE NEIGHBORS.
SO THERE WAS ONLY A CONFUSION WITH THE MEASUREMENTS.
BUT I DO HAVE A LETTER FROM THE ENGINEER WHERE HE SAYS THE PROJECT WAS, UH, UH, MADE CORRECTLY.
THE CONCRETE WAS MADE CORRECTLY TOO.
IS THERE ANYONE SIGNED UP VOICEMAILS? NO.
IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? I HAVE A QUESTION FOR STAFF COMMISSIONER.
UM, COULD YOU SHOW US ON THE MAP WHERE THE, UM, NEIGHBORS WERE THAT WERE IN FAVOR? IT'S BOTH THE, BOTH NEIGHBORS TO THE SITE AND THE NEIGHBORS ACROSS THE STREET.
SO WE GOT THESE RIGHT BEFORE THE MEETING.
UM, ONE OF THEM BEING 1 55 SAVANNAH, WHICH IS YEAH.
AND THEN WE ALSO RECEIVED 1 54 IN SUPPORT.
UM, THIS WAS SAVANNAH C MM-HMM.
AND THEN ALSO ONE 50 SAVANNAH DRIVE.
UH, ANY OTHER QUESTIONS? MANANA? COMMISSIONER MANANA.
SEE FIRST QUESTION'S FOR, UH, CITY.
UM, SO, SO WHEN, UM, A CAN, UH, WHEN AN APPLICANT COMES IN TO, UH, UH, SEEK, UM, I GUESS A PERMIT, DO THEY HAVE DIALOGUE WITH REGARDS TO THE, THE WHOLE, UH, STREET, UH, MEASUREMENT VERSUS THE, UM, YOU KNOW, HOW THAT PLAYS INTO THEIR MEASUREMENTS? SO IS THAT PART OF THE DIALOGUE? UM, YES.
SO WHENEVER THEY, THEY APPLY FOR THE PERMIT, UM, THEY HAVE TO LET US KNOW WHERE THEIR PROPERTY LINE BEGINS.
UM, WE DON'T HAVE, LIKE, WE DON'T REQUEST A SURVEY OR ANYTHING LIKE THAT, AND SO THEY INDICATED THAT THEY WERE 15 FEET FROM THE PROPERTY LINE, BUT, BUT IS THAT CALLED OUT WITH REGARDS TO THE DIFFERENCE BETWEEN STREET VERSUS PROPERTY, I GUESS, IS IT REALLY THE QUESTION? AND IF NOT, SHOULD WE BE CHANGING THAT? SO THAT'S JUST A COMMENT.
UM, UM, SO YEAH, SO JUST THAT QUESTION.
'CAUSE YOU KNOW, WE, YOU KNOW, IT'S GREAT THAT THEY WENT THROUGH THE PROCESS, I GUESS, AND SO IT SEEMS LIKE WE JUST MISSED THAT, UH, FROM A CITY PERSPECTIVE.
UM, QUESTION IS FOR, LET'S SEE THE APPLICANT.
SO, SO, UM, SO I SEE WHERE IT, IT LOOKS LIKE ONLY, UH, HALF THE DRIVEWAY IS, IS OR HALF OF THE GARAGE OR COVERED AWNING, UH, HAS A CUT IN THE CURB.
SO IS THE INTENT THAT YOU'RE GONNA OPEN UP, UH, OR, OR CUT THE REST OF THE CURB TO ALLOW FOR THE DRIVEWAY? I'M SORRY, CAN YOU PLEASE REPEAT THE QUESTION? SO RIGHT NOW THE DRIVEWAY IS ONLY HALF, HALF THE SLOT, SO IS THE INTENTION TO, UH, HAVE THE DRIVEWAY IN THE WHOLE PIECE? UH, SO THE, THE PROJECT IS FOR TWO VEHICLES.
SO THE FIRST PART IS GOING TO BE TO FINISH THE PORCH, THE
[02:00:01]
COURT PORT, AND THEN OBTAIN THE PERMIT IN ORDER TO CUT THE, THE CURB IN ORDER TO MAKE THE ENTRANCE.AND THE PERMIT QUESTION WAS PERFECT, SO THANK YOU FOR YOUR RESPONSE.
ANY OTHER COMMISSIONERS? HOWARD? UH, COMMISSIONER ALBERT? THIS IS FOR THE APPLICANT.
UH, WERE YOU REQUIRED TO PUT IN ANY FOOTINGS OR FOUNDATIONS FOR YOUR CORNER POSTS? NO.
WERE YOU REQUIRED TO PUT ANY WHAT? I'M SORRY, FOOTINGS OR FOUNDATIONS? I'M CORNER POSTS FOOTINGS, UM, CEMENT FOUNDATIONS FOR THE CORNER POSTS, AND THAT'S FOR THE CORNER POST.
AND THEN A FOLLOW UP QUESTION FOR STAFF.
UH, WOULD THAT HAVE REQUIRED A, AN INSPECTION, A FOUNDATION INSPECTION, OR AN ENGINEER'S LETTER PRIOR TO CONSTRUCTION? BEGINNING, IT'LL REQUIRE A, UH, A LETTER FROM A ENGINEER AND, UH, THE APPLICANT JUST ADDED.
I DO HAVE THE LETTER FROM THE ENGINEER, MENCHACA.
COMMISSIONER MENCHACA, I HAVE A QUESTION FOR STAFF.
UH, IN REFERENCE TO THE NEW CARPORT, UH, CONCRETE, IS THERE ANY EFFECT NOW FOR THE FUTURE FOR IMPERVIOUS COVER? EVEN WITH THE CUT BEING PROPOSED, THERE DOESN'T SEEM TO BE A, A REASON FOR IT TO EXCEED THE 50% LIMITATION.
UH, WITH THAT I'M LOOKING F UM, IF YOU COULD PLEASE TAKE A SEAT.
WE'RE GOING TO DELIBERATE, UH, LOOKING FOR A MOTION UNA COMMISSIONER UNA, REGARDING CASE NUMBER BO EIGHT DASH 21 DASH 1 0 3 0 0 1 9.
I MOVE THAT THE BOARD OF ADJUSTMENTS GRANTED REQUEST FOR A SEVEN FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT WITH ONE FOOT SIX INCH OVERHANG TO BE THREE FEET FROM THE FRONT PROPERTY LINE SITUATED AT 1 5 1 SAVANNAH APPLICANT BEING LUIS GONZALEZ.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER IS 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 A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC.
AND THE REQUEST TO ALLOW AN AT ATTACH THE REQUEST TO ALLOW AN ATTACHED CARPORT TO BE THREE FEET FROM THE FRONT PROPERTY LINE IS NOT CONTRACT TO 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 IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP BY IMPOSING A LITERAL ENFORCEMENT OF FUNCTIONAL CARPORT CANNOT BE BUILT ON THIS PROPERTY.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
SUBSTANTIAL JUSTICE WILL BE DONE BY ALLOWING THE CARPORT TO BE BUILT THREE FEET FROM THE FRONT PROPERTY LINE FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT VIA SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OF WHICH THE PROPERTY IS LOCATED.
THE PROPOSED STRUCTURE DOES NOT CAUSE ANY CONCERN.
IT DOES NOT APPEAR TO, TO SUBSTANTIALLY INJURE USES OF ADJACENT CONFORMING PROPERTIES OR ALTER THE CHARACTER OF THE NEIGHBORHOOD.
THE PROPERTIES IN A NEIGHBORHOOD WHERE CARPORTS ARE FREQUENTLY FOUND.
SIX, THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL.
THEY'RE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS ITS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THE PROPERTY MAINTAINS A SMALL FRONT YARD AND THE CIRCUMSTANCES ARE NOT MERELY FINANCIAL.
UH, SECOND BY COMMISSIONER MANNA.
COMMISSIONER ZUNA, PLEASE LEAD THE DISCUSSION RIGHT.
I'M GOING TO, UH, BE IN SUPPORTING THE MOTION AS THE CITY ALSO, UH, WAS, UH, APPROVED, UH, RECOMMENDING APPROVAL OF, OF THE MOTION.
UH, THE APPLICANT DID, YOU KNOW, GO THROUGH THE, UH, THE BUILDING, UH, CODE PROCESS OR THE BUILDING PERMIT PROCESS, BUT UNFORTUNATELY MEASURED FROM THE WRONG PART OF THE, OF THE FRONT SETBACK.
THE NEIGHBORING PROPERTIES THAT ARE MOST AFFECTED ARE OF SUPPORT OF IT.
AND, UH, HE'S BUILDING A STRUCTURE WHICH IS WITHIN THE HARMONY OF THE NEIGHBORHOOD AND THE DISTRICT.
AND, UH, IT, UH, PROVIDES FOR SHELTER OF HIS STRUCTURE AND, UM, SUPPORT THE MOTION I COMPARE WITH MY COLLEAGUE.
ANYONE ELSE LIKE TO ADD HEARING NONE.
STAFF, PLEASE TAKE A ROLL CALL.
I'M SORRY YOU THREW ME OFF THERE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
[02:05:01]
MR. VASQUEZ.MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN.
UH, YOU CAN GET WITH STAFF AND TALK TO THEM ABOUT YOUR NEXT STEPS.
ABOUT MR. VASQUEZ, UM, UM, PLANNER HERE AT DEVELOPMENT SERVICES, UM, BO O A 21 1 0 3 0 0 1 9 1.
LOCATED AT 2 0 3 GRAVEL STREET IN COUNCIL.
DISTRICT NUMBER TWO, APPLICANT BEING MILITIA ROGERS HARRIS.
A REQUEST FOR A 2011 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT REQUIREMENT TO ALLOW A 1,989 SQUARE FOOT LOT.
A FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT AND REAR SETBACK REQUIREMENT TO ALLOW A DWELLING TO BE FIVE FEET FROM THE FRONT AND REAR PROPERTY LINES, UH, THE PROPERTY IS CURRENTLY ZONED, R AND FOUR MAKES RESIDENTIAL.
THE SUBJECT PROPERTY IS LOCATED ALONG GRAVEL STREET AND CURRENTLY HAS A SINGLE FAMILY RESIDENCE BUILT ON THE PROPERTY.
APPLICANT'S REQUESTED FOR THE 2011 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT REQUIREMENT TO ALLOW A 1,989 SQUARE FOOT LOT TO A FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT AND REAR SETBACK REQUIREMENT TO ALLOW A DWELLING TO BE FIVE FEET FROM THE FRONT AND REAR, UM, PROPERTY LINES, UM, SITE PLAN, MORE SIDE PLAN THE OTHER ONE AS WELL.
THERE'S A RENDERING OF THE BUILDING.
UH, THE SUBJECT PROPERTY ITSELF IS THE VACANT LOT SURROUNDING VIEWS.
STAFF RECOMMENDS APPROVAL AND BO O A 21 1 0 3 0 0 1 9 1 BASED ON THE FOLLOWING FINDINGS OF FACT, THERE ARE CURRENT, THE LOT CURRENTLY MEASURES AT 1,989 SQUARE FEET.
AND THERE ARE OTHER LOTS IN THE IMMEDIATE AREA THAT APPEAR TO HAVE SIMILAR LOT SIZES AND THE LOT THAT MEASURE TO BE 39 FEET, WHICH ONLY ALLOWS ABOUT 19 FEET OF BUILDING DEPTH PER CURRENT SETBACK RESTRICTIONS AND THE BUILDING WILL REMAIN FIVE FEET SETBACK AROUND THE PERIMETER OF THE LOT.
ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE DENVER HEIGHTS ASSOCIATION.
THIS CONCLUDES, UM, STAFF PRESENTATION AND THE APPLICANT IS PRESENT.
IS THE APPLICANT PRESENT? PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND BEGIN YOUR PRESENTATION.
I'M THE, THE, UH, BUILDER FOR THE APPLICANT.
UM, MY ADDRESS IS 5 8 1 8 GINGER I SAN ANTONIO, TEXAS 7 8 2 5 3.
UM, THE APPLICANT HAD, UH, PURCHASED A LOT, HAD THE, THE ARCHITECT DESIGN SOMETHING THAT COULD MAXIMIZE THE SQUARE FOOTAGE OF THE LOT.
UH, THE ARCHITECT ACTUALLY TOOK UPON HIMSELF THAT BECAUSE IT IS A, UH, ALLEY STREET, THAT THERE WAS A FIVE FOOT SETBACK.
UH, HE OBSERVED NUMEROUS PROPERTIES NEAR AND AROUND 2 0 3 GRAVEL STREET AND NOTICED THAT THERE WEREN'T, UH, SETBACKS OF 10 FOOT.
SO HE TOOK IT UPON HIMSELF TO DRAW THIS UP FOR THE APPLICANT.
AND, UM, IS THERE ANYTHING ELSE YOU'D LIKE TO ADD BEFORE WE OPEN IT UP TO QUESTIONS? UH, NO.
THE, UH, APPLICANT WANTED ME TO CON CONVEY SHE GREW UP IN THE COMMUNITY OF DENVER HEIGHTS AND NOW THAT SHE'S IN THE POSITION SHE'S TRYING TO GIVE BACK AND SOME DECENT RENTAL PROPERTIES IN THAT AREA.
UH, WE'RE JUST GONNA TAKE A MOMENT TO SEE IF ANYONE SIGNED UP TO SPEAK.
HAS ANYONE SIGNED UP TO SPEAK OR ANY VOICEMAILS? NO, THERE ARE.
SO WE'RE GONNA OPEN THIS UP TO QUESTIONS, UH, FOR YOU, SIR.
ARE THERE ANY COMMISSIONER QUESTIONS? MANCHACA? COMMISSIONER MANCHACA? I'M JUST LOOKING AT THE FLIGHT.
UH, SITE PLANS SECOND AND FOUR.
UH, BUT, UH, I DON'T SEE ANY PARKING.
UM, WE'RE TRYING TO GET APPROVED HERE AND THEN WORK ON THE PARKING SITUATION LATER.
SO A FOLLOW UP QUESTION, STAFF, IS THERE AN OBLIGATION TO PROVIDE AN OFF STREET PARKING SPACE FOR THIS DUPLEX DEVELOPMENT? UM, SO THERE WAS COMMUNICATION WITH THE APPLICANT.
UM, THEY WILL BE COMING FORWARD WITH A, A PARKING VARIANCE REQUEST AS WELL.
IS THERE ANY OTHER ADDITIONAL QUESTIONS, COMMISSIONER MENCHACA? UH, NO, THAT'S IT.
UH, ANYONE ELSE? ALBERT UH, COMMISSIONER ALBERT,
[02:10:02]
QUESTION FOR STAFF.IS IT POSSIBLE THAT THIS LOT WITH THE FIVE FOOT FRONT SIDE AND REAR SETBACKS IS GONNA MEET THE 50% RULE OR HAVE ENOUGH SPACE FOR CANOPY OR PARKING? CAN'T BE DONE ON AN ALLEY, I DON'T BELIEVE AT ALL.
DO WE HAVE OTHER ISSUES HERE? SO IN, IN RELATED TO THE PARKING, WE'LL KNOW THAT ONCE, UM, WE WORK WITH THEM ON HOW MUCH OF A DRIVEWAY APPROACH THEY'RE GONNA DO, AND WHETHER THAT WHOLE ENTIRE, UH, APPROACH IS GOING TO BE CONCRETE OR IF IT'S GONNA BE A RIBBON DRIVEWAY, IT JUST DEPENDS.
SO WE'LL KNOW WHAT THAT IMPERVIOUS COVER IS.
UH, BUT, UH, RESPECT TO THE OTHER, UH, REQUIRED TREE CANOPY, UM, LOT COVERAGE.
THIS, THIS, THIS DUPLEX IS TAKING UP THE ENTIRE LOT WITH THE EXCEPTION OF A FIVE FEET STRIP COMPLETELY AROUND IT.
UH, THAT DOESN'T REALLY NEED ENOUGH ROOM FOR AIR CONDITIONERS, TRASH CANS, PARKING, ANYTHING.
UH, ARE THOSE ISSUES? SO THE CODE DOES NOT PLACES TO PUT YOUR TRASH CAN, 'CAUSE YOU CAN DO THAT IN OTHER PLACES WITHIN THE FIVE FOOT.
UM, THE, UH, TREE, IT'S A SINGLE FAMILY HOME.
SO IT'S, THERE'S NO, WHAT'S A DUPLEX? WELL, IT'S, IT'S STILL CONSIDERED SINGLE FAMILY DUPLEXES.
TRIPLEXES AND QUADPLEXES ARE CONSIDERED SINGLE FAMILY.
UH, SO THERE'S NO, UM, TREE REQUIREMENT FOR JUST THE ONE STRUCTURE.
UH, SO AS LONG AS THEY MEET ALL OF THE OTHER REQUIREMENTS, THEY'RE ABLE TO DO THAT.
IT'S JUST THAT THEY HAVE TO REQUEST THOSE VARIANCES FOR THE SETBACK BECAUSE IT'S SUCH A SMALLER LOT.
BUT THERE'S NO OTHER, UH, IMPERVIOUS COVER AS FAR AS BACKYARD OR SIDE YARDS.
HISTORIC DISTRICTS ARE DIFFERENT.
UH, BUT IN, IN OTHER TYPICAL DISTRICTS, THAT'S NOT A FACTOR HERE.
SO I HAVE A FOLLOW-UP QUESTION WITH THAT.
WITH LANDSCAPING, IT'S TYPICALLY YOU HAVE TO PLANT TWO TREES, UH, FOR A SINGLE FAMILY LOT, IT'S, IT WOULD STILL HAVE TO BE TWO TREES, EVEN THOUGH IT'S A DUPLEX.
I MEAN, AS LONG AS HE MEETS THOSE CODE REQUIREMENTS, HE, HE CAN STILL DO THAT WITHIN THE FIVE FOOT FRONT SETBACK.
AND WAS THIS, WAS THIS ONE OF THESE LOTS THAT WAS CREATED PRIOR TO 2005 WHERE THEY, THERE'S NOT GONNA BE ANY PLATTING INVOLVED? 'CAUSE WHERE I'M CONCERNED ABOUT IS WITH GRAVEL ROAD BEING A 34 FOOT RIGHT OF WAY, IS THERE GONNA BE ANY OBLIGATION TO WIDEN IT OR PROVIDE SIDEWALKS OR, I'M JUST TRYING TO FIGURE OUT LIKE, IS THERE PHYSICALLY ENOUGH ROOM TO ACCOMPLISH EVERYTHING OUT HERE WITH ONLY A FIVE FOOT FRONT SETBACK? SO WE DON'T HAVE ENOUGH INFORMATION TO DETERMINE IF IT WOULD'VE MET A NON-CONFORMING LOT OF RECORD.
UM, BUT, BUT THE WAY WE UNDERSTAND IT WAS SOLD OFF AFTER A CERTAIN TIME SO IT WOULDN'T MEET A NON-CONFORMING LOT OF RECORD.
SO THEY NEED TO GET TO COME TODAY FOR THESE VARIANCES.
UH, BUT FROM WHAT WE UNDERSTAND, THE OTHER THAN THE PARKING SITUATION, THE BUILDER HAS DONE THE PLANS ACCORDING TO ALL OF THE CODE REQUIREMENTS AND DIDN'T REQUEST ANYTHING ELSE.
UM, I'M JUST, I GUESS I'M JUST CONCERNED BECAUSE THERE'S, YOU KNOW, ON THE SURVEY IS SHOWING A, A UTILITY POLE THAT RUNS, YOU KNOW, RIGHT OFF THE PROPERTY LINE AND NORMALLY ELECTRIC CODE REQUIRES 10 FEET OFF FROM THAT, AND THAT WITH A FIVE FOOT FRONT SETBACK ISN'T GONNA MEET THAT.
I'M JUST, I'M JUST WONDERING IF THERE'S SOMETHING ELSE THAT'S GONNA POP UP OTHER THAN PARKING AS HE MOVES FORWARD WITH PERMITTING.
SO, SO, UM, SO THEY'RE GOING THROUGH A CERTIFICATE OF DETERMINATION OKAY.
UH, AND SO THAT IT, IT'S NOT THE, IT'S NOT THE TYPICAL PLATT PROCESS.
'CAUSE WHAT THEY NEED IS THESE VARIANCES IN ORDER TO PROCEED.
IS THERE ANY MORE QUESTIONS MANNA? MAKE SURE MANNA.
SO, SO YEAH, I GUESS I, I DIDN'T PICK UP THAT THIS IS FOR DUPLEX HERE.
SO ARE THERE ANY OTHER DUPLEXES ON THIS SMALL OF A LOT IN THE COMMUNITY THAT WE'RE AWARE OF? THIS IS FOR THE APPLICANT, I GUESS? UM, I'M NOT AWARE.
UM, THERE ARE NUMEROUS DUPLEXES IN THE AREA, BUT AS FAR AS AN ALLEY LOT OF THAT SIZE, I'M NOT SURE.
'CAUSE WE, WE HAVE HEARD CASES WHERE WE'RE, YOU KNOW, LOOKING AT LOTS, BUT GENERALLY IT'S BEEN FOR A SINGLE DWELLING, YOU KNOW, WHEN WE START, UH, LOOKING FOR THE SIZE AND GENERALLY IT DID INCLUDE THE GARAGE, YOU KNOW, IN THAT SPACE.
UM, AND SO IT SEEMS LIKE, UM, YOU KNOW, PRETTY AGGRESSIVE HERE TO PUT A DUPLEX ON THE SMALL OF A LOT.
UM, IF THERE'S ANY CLOSING REMARKS YOU'D LIKE TO MAKE, UM, MENCHACA UH, COMMISSIONER MENCHACA? UM, I, I'M JUST FOLLOWING UP ON THE CHAIRMAN'S QUESTION TO STAFF AND TO SEE THE APPLICANT PUT IN A POSITION IN THE FIRST THAT, DO WE HAVE A MECHANISM THAT IF THEY COME ALONG IN THE FUTURE AND THEY ADD THE SIDEWALKS AND THE CURBS, AND NOW HE'S OUT OF PARKING SPACE 'CAUSE THE GARBAGE TRUCK
[02:15:01]
CAN'T GET IN THERE.IS THERE LIKE A REFERRAL SYSTEM WE HAVE OR SOMETHING THAT HE CAN FALL BACK ON? THEY DOESN'T HAVE TO COME BACK.
ARE ARE WE TALKING BECAUSE OF THE PARKING? SO IT, IT WAS JUST MISSED BY, UM, BY STAFF AT THE INTAKE PROCESS.
UH, IT WAS A LITTLE CONFUSION ON THE SITE PLAN.
IT LOOKED LIKE THERE WAS A PARKING PAD, BUT IT WAS ACTUALLY, UM, DRAWN OVER THAT PARK EXISTING PARKING PAD.
AND SO THAT WASN'T RECOGNIZED.
UM, AND BY THE TIME WE HAD ALREADY PUBLISHED AND NOTIFIED IT, WE DID NOT ADVERTISE FOR THE PARKING VARIANCE.
THAT SHOULD HAVE COME FORWARD TODAY.
SO WE ARE FACILITATING THAT TO COME THROUGH, UH, TO ANOTHER MEETING.
UH, SO, BUT THEY, BUT THE APPLICANT OR THE OWNER WANTED TO PROCEED TODAY WITH THESE VARIANCES AND THEN TAKE CARE OF THE PARKING LATER.
SO WITH THAT, IF UH, THERE'S ANY OTHER REMARKS YOU'D LIKE TO MAKE, WE'LL ASK FOR A MOTION.
I'M LOOKING FOR A MOTION BRAGMAN, UH, COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO A DASH 21 DASH 0 3 1 91.
A MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR ONE AT 2011 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT REQUIREMENT TO ALLOW A 1,989 SQUARE FOOT LOT AND TWO OF FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT AND REAR SETBACK REQUIREMENT TO ALLOW A DWELLING TO BE FIVE FEET FROM THE FRONT AND REAR PROPERTY LINES SITUATED AT 2 0 9 GRAVEL STREET, APPLICANT BEING MILIA HARRIS, 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 OTHER VISIONS 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 SMALL LOCK CONFIGURATION CREATES AN UNNECESSARY HARDSHIP AS THE SETBACKS REQUIRED BY CODE WILL, WILL REDUCE THE BUILDABLE AREAS CONSIDERABLY.
SO THE VARIANCES DO NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL, LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN APPLICANT HAVING TO POSTPONE ANY FUTURE DEVELOPMENT OF THE PROPOSED DWELLING.
IF THE LOT SIZE VARIANCE IS NOT GRANTED, THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE INTENT OF THE SETBACKS IS TO PROVIDE SEPARATION FROM ADJACENT STRUCTURES AND WITH SMALL SIZE OF THE PROPOSED STRUCTURE AND THE LAW.
THE SPIRIT OF, OF THE ORDINANCE WILL BE OBSERVED FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS THE VARIANCE REQUESTS ARE NOT LIKELY TO NEGATIVELY AFFECT ADJACENT NEIGHBORING PROPERTIES, NOR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THERE ARE OTHER SIMILAR LOTS IN THE AREA.
SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SMALL AMOUNT OF AVAILABLE SPACE AND OF MOTION.
COMMISSIONER BRAGMAN, PLEASE LEAD THE DISCUSSION.
YEAH, I'M GONNA BE IN SUPPORT OF THIS.
I KNOW THERE'S A CONCERN ABOUT THE PARKING, BUT THAT'S NOT UNDER OUR PURVIEW RIGHT NOW.
THAT'S SOMETHING THAT'S GONNA BE, UH, BROUGHT FORWARD AT A LATER DATE.
SO BASED UPON THE REQUEST THAT WE HAVE IN FRONT OF US, UM, AGAIN, WE WANNA MAKE SURE THAT WE ARE USING AVAILABLE PROPERTIES, UM, AND GRANTING A REQUEST FOR A SMALLER LOT SIZE.
UM, I THINK IT'S GONNA HELP WITH THE HOUSING SHORTAGE THAT WE HAVE IN SAN ANTONIO.
SO I'LL BE IN SUPPORT OF THE MOTION.
COMMISSIONER CRUZ? YES, I CONCUR WITH MS. BACHMAN AND I THINK THIS WOULD BE A GOOD, UM, AR UM, BILL FOR THIS AREA.
IS ANYONE ELSE LIKE TO ADD? YEAH, I, MR. KAPLAN, UH, I HAVE A PROBLEM.
UM, WITH THE DENSITY AND THE LACK OF PARKING, I, I DON'T SEE HOW, UM, YOU'RE GOING TO GET IT.
AND GIVEN THAT GRAVEL STREET IS A VERY SMALL STREET, IT MIGHT BE IMPOSSIBLE TO DO ON STREET PARKING AND GET FIRE TRUCKS AND THINGS DOWN THAT STREET.
SO I THINK THAT YOU PROBABLY COULD HAVE BUILT A ONE FAMILY, UM, WITH, UH, LESS COVERAGE ON THE LOT.
SO I, I DO NOT CONCUR WITH THIS.
ANYONE ELSE? COMMISSIONER ALBERT? UH,
[02:20:01]
I'D LIKE TO APPLAUD THE APPLICANT FOR TAKING A VERY DIFFICULT LOT AND TRYING TO DO SOMETHING WITH IT FOR THE NEIGHBORHOOD AND FOR THE HOUSING SITUATION AND THE BUILDER AS WELL FOR TAKING ON A TOUGH CHALLENGE.UH, HOWEVER, I WON'T BE IN SUPPORT OF THE PROJECT BECAUSE, UH, SOMETIMES THE NEEDS OF EXISTING NEIGHBORS, UH, THE NEW NEIGHBORS THAT WILL EVENTUALLY MOVE IN ALSO HAVE TO BE CONSIDERED NOT JUST THE, THE NEEDS OF THE PEOPLE THAT HAVEN'T MOVED HERE YET.
SO I THINK A TWO STORY HOME, FIVE FOOT ON ALL THE PROPERTY LINES IS JUST WAY TOO MUCH FOR THAT LOT, UH, ESPECIALLY WITH THE PARKING AND EVERYTHING ELSE THAT'S THROWN IN.
SO, UH, I'D ENCOURAGE THE APPLICANT TO TRY AGAIN, MAYBE SOMETHING A LITTLE MORE RIGHT SIZED FOR THAT LOT AND THAT WOULD BE FANTASTIC FOR THAT NEIGHBORHOOD.
ANYONE ELSE? MANNA COMMISSIONER MANNA? SO, UM, I THINK THAT WITH REGARDS TO THE PROPERTY ITSELF AND TAKE A LOOK AT NEARBY PROPERTIES, I'M OKAY WITH REGARDS TO, UH, APPROVING THE LOT SIZE.
HOWEVER, I WILL STATE THAT I WILL NOT BE APPROVING A GARAGE VARIANCE, UH, YOU KNOW, BASICALLY, YOU KNOW, LOOKING AT THE REST OF THE STREET.
AND SO, SO THAT WILL NEED TO CHANGE THE DESIGN OVERALL.
SO, SO WHILE I AM OKAY WITH THIS, YOU KNOW, I CAN SAY RIGHT NOW THAT I'M NOT OKAY WITH THE, THE, THE UPCOMING GARAGE ONE.
ANYONE ELSE? OKAY, I'M GONNA ADD, UM, THIS LOT IS VERY, VERY SMALL AND, AND LOOKING IN THE STREET VIEW, I, I CAN SEE A LOT OF THE HOMES ARE BUILT PRETTY RELATIVELY CLOSE TO THE FENCE LINES.
I'M NOT OPPOSED TO THE FIVE FOOT, JUST BECAUSE I KNOW THAT THE SCOPE OF IT CAN'T POSSIBLY BE THAT LARGE 'CAUSE A LOT'S TOO SMALL, BUT I'M NOT GONNA BE IN SUPPORTIVE OF, OF A PARKING, ALTHOUGH THAT'S NOT OUR PURVIEW AT THIS POINT.
BUT I, I JUST, I RAISE CONCERNS ABOUT HOW THIS IS GOING TO ACTUALLY BE BUILT AND MOVE FORWARD KNOWING THAT THERE'S A, A VERY NARROW STREET, UH, WITH VERY LIMITED PARKING ON A VERY SHORT BLOCK.
SO I'LL BE LOOKING FORWARD TO SEEING HOW THAT GETS RESOLVED IN THE FUTURE.
BUT FOR THIS PARTICULAR REQUEST FOR THE FIVE FOOT, I'LL BE IN SUPPORT OF IT.
UH, STAFF PLEASE TAKE A ROLL CALL VOTE BEFORE WE DO THAT CHAIR, CAN I JUST CLARIFY IS IT, IS THE MOTION FOR BOTH OF THE VARIANCES FOR SETBACKS AND LOT SIZE BECAUSE MAYBE I WOULD RECOMMEND SLITTING THOSE UP.
COMMISSIONER BRAGMAN? UH, DID YOU, YOU READ IT FOR BOTH? I DID READ IT FOR BOTH.
I'M NOT SURE I UNDERSTAND WHAT THAT WOULD RESOLVE BECAUSE I, I THINK WHAT WE'RE, WHAT I'M HEARING FROM OTHER COMMISSIONERS IS THE PARKING ISSUE, WHICH IS NOT PART OF MOTION.
THIS CAN'T, IT'S NOT PERMITTABLE RIGHT NOW.
'CAUSE THERE'S NO PARKING PROVIDED.
NO, I'M TALKING ABOUT SPLITTING UP THE LOT SIZE VARIANCE VERSUS THE SETBACK VARIANCE.
OH NO, I DON'T THINK ANYBODY WAS, I DON'T THINK ANYBODY WAS OPPOSED TO, FOR THE TWO PEOPLE WHO HAD SPOKEN, UH, IN OPPOSITION, WAS WAS, WERE YOU OPPOSED TO BOTH, BOTH ITEMS OR JUST THE ONE? BECAUSE LET ME JUST CLARIFY.
EVEN WITHOUT A LOT SIZE VARIANCE, THEY CAN'T PROCEED FOR A SINGLE FAMILY HOME, RIGHT? THAT'S CORRECT, BUT NO MATTER WHAT, THEY'RE GONNA HAVE TO GET A VARIANCE FOR THE SETBACKS, SO, RIGHT.
IF, IF SHOWN THE WAY THEY WANT TO BUILD IT TODAY.
A SETBACK VARIANCE IS REQUIRED.
WELL, WE HEARD TOO THAT WE'RE IN OPPOSITION.
UH, SO I, I THINK WE CAN SEE HOW THIS TURNS OUT.
I CONCUR WITH THE FINDINGS OF FACT, MS. CRUZ.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
MOTION PASSES NINE TO TWO AND SO, UM, YOU CAN GET WITH STAFF AND TALK ABOUT YOUR NEXT STEPS, UH, BUT JUST KEEP IN MIND THAT WE'RE ALL LOOKING FORWARD TO SEE HOW THE PARKING GETS RESOLVED WITH YOUR NEXT APPLICATION.
AGENDA ITEM NUMBER EIGHT, BO 8 21 DASH 1 0 3 0 0 1 92.
ADDRESS IS 1 23 BHI AVENUE, EAST BHI AVENUE, UH, CITY COUNCIL DISTRICT NUMBER THREE, APPLICANT ROYAL FLORES, UH, REQUESTING A VARIANCE FOR 2,250 SQUARE FEET TO THE REQUIRED MINIMUM 6,000 SQUARE FEET TO ALLOW RESIDENTIAL STRUCTURE TO BE BUILT ON A 3,750 FOOT SQUARE FOOT LOT.
CURRENT, UH, ZONING IS RESIDENTIAL SINGLE FAMILY SUBJECT PROPERTY IS LOCATED ALONG EAST BERTRAM AVENUE AND IS CURRENTLY, UH, VACANT LOT.
APPLICANT IS REQUESTING A 2,250 SQUARE FOOT VARIANCE TO THE 6,000 SQUARE FOOT MINIMUM REQUIRED MINIMUM LOT REQUIREMENT TO ALLOW RESIDENTIAL STRUCTURE TO BE BUILT ON A VACANT LOT UPON SITE VISITS.
[02:25:01]
LOT SIZES WITH RESIDENTIAL STRUCTURES BUILT ON THEM.SITE PLAN, UH, SUBJECT PROPERTY, UH, SUBJECT PROPERTY, SUBJECT PROPERTY AND THEN SURROUNDING AREA STAFF, UH, MINIMUM LOT SIZE VARIANCE.
STAFF IS RECOMMENDING APPROVAL IN BO O A 21 DASH 1 0 3 0 0 1 92 BASED ON THE FOLLOWING FINDINGS OF FACT ONE, THERE ARE SIMILAR LOTS IN THE NEARBY AREA.
TWO OTHER RESIDENTIAL STRUCTURES ARE BUILT ON SIMILAR SIZE LOTS AND THREE, THE MINIMUM SIZE, MINIMUM LOT SIZE WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.
THERE WERE 36 NOTICES MAILED OUT.
ZERO RETURNED IN FAVOR, ZERO WERE IN OPPOSITION AND THERE IS NO NEIGHBORHOOD ASSOCIATION.
UM, ON A SIDE NOTE, THE, THE VACANT LOT OF LAND, IT'S NOT IN ITS ORIGINAL CONFIGURATION.
IT WAS SUBSEQUENTLY, UH, SUBDIVIDED LATER ON AFTER ANNEXATION.
THIS CONCLUDES STAFF'S PRESENTATION.
IS THE APPLICANT PRESENT? YES.
UH, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND, AND YOU CAN PROCEED.
ELLE FLORES, 1 3 1 1 5 REMUDA TERRACE, SAN ANTONIO, TEXAS 7 8 2 5 4.
AND PLEASE BEGIN WITH YOUR PRESENTATION.
PRETTY MUCH, UH, ME AND MY PARTNER OF COURSE WE BUILD, UM, WE'VE BEEN BUILDING PROBABLY OVER FIVE YEARS HERE IN THE, UH, LOCAL SOUTH SIDE OF SAN ANTONIO.
AND UH, SO WHAT WE DID WAS WHEN WE BOUGHT THIS LOT, THERE WAS AN EXISTING HOUSE THAT WAS THERE PRIOR, UH, IT BURNED DOWN AND SO OF COURSE THEY HAD TO GET IT DEMOLISHED.
SO WHEN WE PURCHASED A LOT, UH, PRETTY MUCH OF COURSE WHAT WE'RE, WHERE WE'RE CONTINUING TO DO IS JUST TRYING TO BRING, UM, CONTINUE WITH AFFORDABLE HOUSING IN THE NEIGHBORHOOD, UH, WHICH WE'VE BEEN DOING, LIKE I SAID, WITHIN THE LAST FIVE YEARS.
SO THAT'S WHY WE WENT AHEAD AND PURCHASED A LOT.
UM, AND WE'RE JUST HOPING THAT WE CAN GET THIS PASSED SO WE CAN CONTINUE WITH THE PROJECT.
UH, STAFF, IS THERE ANYBODY SIGNED TO SPEAK OR ANY VOICEMAILS? NO.
ANY, UH, QUESTIONS FOR THIS APPLICANT? NOBODY.
UM, IS THERE ANY OTHER REMARKS YOU'D LIKE TO ADD BEFORE WE, UM, ASK FOR A MOTION AND DELIBERATE? NO, JUST, UM, LIKE I SAID, WE'RE JUST HOPING TO, TO MOVE FORWARD WITH, YOU KNOW, CONTINUING TO PROVIDE, YOU KNOW, AFFORDABLE HOUSING IN THE AREA.
UH, SO I'M LOOKING FOR A MOTION ON THIS TEAL COMMISSIONER TEAL REGARDING CASE NUMBER BO A DASH 21 DASH 0 3 0 1 92.
I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A 2,250 SQUARE FOOT VARIANCE FROM THE MINIMUM 6,000 SQUARE FOOT LOT SIZE REQUIREMENT TO ALLOW A LOT SIZE OF 3,750 SQUARE FEET SITUATED AT 1 2 3 EAST BURHAM AVENUE APPLICANT BEING ROYAL FLORIDAS.
BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS, WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT, OTHER PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE REQUEST IS TO ALLOW A LOT SIZE OF 3,750 SQUARE FEET IN SIZE, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE APPLICANT HAS ADEQUATE SPACE FROM 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 A LITERAL ENFORCEMENT, THE OWNER WOULD NOT BE ABLE TO BUILD A STRUCTURE DUE TO NOT MEETING THE MINIMUM LOT SIZE REQUIREMENTS.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
AND THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THERE IS SUFFICIENT SPACE BETWEEN THE NEIGHBORING PROPERTIES AND THERE WILL BE PLENTY OF SPACE BETWEEN THE STRUCTURES AS TO NOT POSE ANY FIRE, LIFE OR SAFETY ISSUES WHICH OBSERVE THE SPIRIT OF THE ORDINANCE.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER, AND 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 SOUTHERN NOSE USE IS SPECIFICALLY AUTHORIZED BY THE DISTRICT FIVE.
SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUEST FOR A MINIMUM LOT SIZE VARIANCE OF 2,250 SQUARE FEET 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 PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS THAT THE PLIGHT OF THE PROPERTY OWNER IS SOUGHT DUE TO UNIQUE CIRCUMSTANCES
[02:30:01]
EXISTING ON THE PROPERTY IN THAT THE LOT SIZES ARE SIMILAR IN THE AREA AND OTHER RESIDENTIAL STRUCTURES ARE BUILT ON SIMILAR LOT SIZES.THE OWNER PURCHASED THE PROPERTY IN ITS CURRENT SIZE AND SHAPE AND IS, AND IT WAS NOT ALTERED OR SUBDIVIDED BY THE OWNER.
UH, SECOND BY COMMISSIONER CRUZ.
COMMISSIONER THIEL, PLEASE LEAD THE DISCUSSION.
YES, I'M BEING SUPPORTED THIS, I'M A BIG PROPONENT OF INFILL, UM, AND I THINK THE ONLY WAY TO GET THIS DONE IS TO GO AHEAD AND APPROVE THESE VARIANCES.
COMMISSIONER CRUZ? UM, YES, I'LL AGREE WITH MR. TEEL.
I THINK THIS WILL BE A GOOD PROJECT FOR THIS AREA AND IT SHOULD HELP, UH, MORE, MORE, MORE FORTHCOMING, UH, PROPERTIES IN THE AREA.
ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE.
STAFF PLEASE TAKE A ROLL CALL VOTE MR. TEAL.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. MANO I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACTS.
CHAIR ORIAN AND I ALSO CONCUR A MOTION PASSAGE UNANIMOUSLY.
WE'LL TALK TO YOU ABOUT YOU NEXT.
ITEM NUMBER NINE IS FOR BO O A DASH 21 DASH 1 0 3 0 1 9 3.
LOCATED AT 2 2 2 MADERO STREET WITHIN COUNSEL DISTRICT FIVE.
THE APPLICANT IS MARIA LUNA AND THE REQUEST IS FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE TWO, AN EIGHT FOOT FIVE INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW PATIO STRUCTURE WITH ONE FOOT SIX INCH OVERHANG TO BE ONE FOOT SEVEN INCHES FROM THE FRONT PROPERTY LINE.
AND THREE A TWO FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW PATIO STRUCTURE TO BE TWO FEET WITH A TWO FOOT OVERHANG TO BE TWO TWO FEET THREE INCHES FROM THE SIDE PROPERTY LINE.
R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT.
THE SUBJECT PROPERTY IS LOCATED ALONG MADERO STREET NEAR RIO CITY ROAD.
THE APPLICANT CONSTRUCTED A FRONT PORCH AND CARPORT ATTACHED TO THE FRONT INSIDE OF THE EXISTING RESIDENCE WITHOUT OBTAINING PERMITS.
CODE INVESTIGATION WAS OPEN AND THE PROPERTY OWNER WAS INSTRUCTED TO OBTAIN A BUILDING PERMIT.
UPON APPLYING FOR THE PERMIT, UH, THE APPLICANT WAS ADVISED TO APPLY FOR A VARIANCE BECAUSE THE STRUCTURE WAS ENCROACHING INTO THE SIDE AND FRONT SETBACKS.
THE STRUCTURES REQUIRED TO MAINTAIN MINIMUM 10 FEET FROM THE FRONT PROPERTY LINE AND FIVE FEET TO THE SIDE PROPERTY LINES.
DURING A SITE VISIT CONDUCTED BY STAFF, IT WAS OBSERVED THAT A NEW CARPORT WAS BUILT ON THE SIDE OF THE RESIDENTIAL DWELLING.
THIS IS A SITE PLAN PROVIDED BY THE APPLICANT, THE SUBJECT PROPERTY SHOWING THE NEW FRONT PATIO COVER AND SIDE CARPORT AND THAT IS THE NEW CARPORT ATTACHED TO THE SIDE OF THE EXISTING RESIDENCE.
OVERHANG SHOWN OF THE PATIO COVER MEASUREMENT TAKEN FROM THE FRONT PROPERTY LINE TO THE FRONT PATIO SIDE, PROPERTY LINE MEASUREMENT FROM THE PATIO, UM, OVERHANG MEASUREMENT AND THE SURROUNDING AREA.
STAFF RECOMMENDS DENIAL WITH ALTERNATE RECOMMENDATION OF A TWO FOOT VARIANCE TO ALLOW CARPORT TO BE THREE FEET FROM THE SIDE PROPERTY LINE BASED ON THE FOLLOWING FINDINGS OF FACT, ONE THE CARPORT IS CURRENTLY ONE INCH FROM THE SIDE PROPERTY LINE AND TWO, THE CARPORT MAY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED.
AND THREE, THE CARPORT CAN MAINTAIN A THREE FOOT SIDE SETBACK AND STILL BE FUNCTIONAL WITH A ADJUST WIDTH OF NINE FEET.
STAFF RECOMMENDS DENIAL WITH ALTERNATE RECOMMENDATION OF ONE FOUR FOOT VARIANCE FROM THE MINIMUM 10 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW PORCH COVER TO BE SIX FEET FROM THE FRONT PROPERTY LINE AND TWO TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW THE PATIO COVER TO BE THREE FEET FROM THE SIDE PROPERTY LINE BASED ON THE FOLLOWING FINDINGS OF FACT, ONE THE PROPERTY'S SMALL AND SIZES SMALL IN SIZES AND WAS NOT CREATED BY THE OWNER.
THE PATIO COVER IS CURRENTLY ONE FOOT SEVEN INCHES FROM THE FRONT PROPERTY LINE, WHICH CAN ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.
AND THREE, THE SIZABLE PATIO STRUCTURE CAN, CAN BE REDUCED TO MAINTAIN SIX FEET FROM THE FRONT PROPERTY LINE.
AND THE STRUCTURE IS CURRENTLY TWO FEET THREE INCHES FROM THE SIDE PROPERTY LINE AND CAN BE RELOCATED TO BE THREE FEET FROM
[02:35:01]
THE SIDE PROPERTY LINE TO ALLOW FOR ADEQUATE SPACING FROM THE ADJACENT PROPERTY.THERE WERE 38 NOTICES MAILED ZERO FAVOR, ZERO OPPOSED.
COLIN GARDEN NEIGHBORHOOD ASSOCIATION IS OPPOSED BUT SUPPORTS STAFF ALTERNATE RECOMMENDATION, WE RECEIVE NO RESPONSE FROM SAN JUAN GARDENS NEIGHBORHOOD ASSOCIATION AND THIS CONCLUDES STAFF'S PRESENTATION.
STAFF IS AVAILABLE TO ANSWER ANY QUESTIONS AND THE APPLICANT IS PRESENT.
UH, IS, UH, THE APPLICANT PLEASE, UM, COME TO THE PODIUM AND STATE YOUR NAME AND AND ADDRESS FOR THE RECORD.
MY NAME IS MARIA LUNA AND MY ADDRESS IS 2 22 ERO.
SO MY DAUGHTER AND I LIVE ALONE AT THE HOME.
WE DON'T HAVE A MAN TO GUIDE US WITH MEASUREMENTS OR ANYTHING LIKE THAT, AND WE'RE THINKING ABOUT THE CHILDREN SO THAT THEY CAN HAVE A SHADE FOR WHENEVER THEY'D COME OUT TO PLAY OUTSIDE.
SO SINCE WE DIDN'T HAVE ANYONE THAT WE KNEW THAT CAN BUILD IT ON THE RADIO, OVER THE RADIO, I WAS ABLE TO HIRE THAT MAN AND ALL I ASKED FOR HIM WAS FOR HIM TO GIVE ME THE MEASUREMENTS IN ORDER FOR ME TO COME AND ASK FOR THE PERMIT.
BUT, BUT HE SAID IT WOULDN'T BE NECESSARY THAT I'D, I WOULD NOT NEED A, A PERMIT.
UH, WELL IF YOU COULD JUST HOLD TIGHT FOR A SECOND, WE'LL SEE IF THERE'S ANYONE SENT UP TO SPEAK OR ANY VOICEMAILS.
SO, UH, WE'LL SEE IF THERE'S ANY QUESTIONS FOR THE, FOR THE APPLICANT.
ANY QUESTIONS FROM THE COMMISSION? COMMISSIONER ZUNA, THEN BRAGMAN, HOW WAS THIS CASE ORIGINATED? UH, CODE ENFORCEMENT INVESTIGATED, UM, THE PROPERTY ON NOVEMBER 10TH.
COMMISSIONER BRAGMAN, UH, FOR STAFF AS WELL.
I WAS ALWAYS, I'M WONDERING IF THERE WAS ANY ISSUE WITH IMPERVIOUS SURFACE PERCENTAGE ON THIS LOT.
IT'S BEEN EXISTING, UM, AS SUCH AND IT'S BEEN GRANDFATHERED IN WITH ITS CURRENT CONFIGURATION.
I'LL JUST, I'M GONNA ADD IN THE, THE, THE HISTORIC PICTURE SO THAT EVERYTHING THAT'S COVERED HAS ALREADY BEEN, IS ALREADY PAVED.
SO ANY OTHER QUESTIONS? NOBODY.
UM, I HAVE A QUESTION FOR THE APPLICANT.
UM, SO WE'VE HEARD, UH, STAFF'S ALTERNATE RECOMMENDATIONS.
UH, DOES THE, A DOES THE APPLICANT UNDERSTAND WHAT WHAT STAFF IS, IS SUGGESTING THAT WE CONSIDER NOT VERY WELL, NO.
UH, AND SO STAFF IS SUGGESTING THAT YOUR CARPORT BE MOVED OVER TWO FEET, THE EDGE AND THAT YOUR FRONT PORCH BE CUT BACK A FEW FEET FROM THE FRONT AND FROM THE SIDE.
AND, UM, UH, IS THAT SOMETHING THAT, THAT SHE IS OKAY WITH OR, OR NOT?
[02:40:06]
WHAT CAN I SAY? IT'S GONNA BE AN ADDITIONAL EXPENSE FOR US, BUT IF THAT'S WHAT YOU'RE REQUIRING, WE'RE GONNA HAVE TO SACRIFICE SO THAT WE CAN GO AHEAD AND DO THAT.THE, THE SITE PLAN IS SHOWING THAT, UH, THE, THE DIMENSION FROM THE SIDE OF THE HOUSE TO THE SIDE PROPERTY LINE'S 12 FEET.
AND SO KNOCKING A FOOT OR TWO OFF OF THAT WOULD STILL BE ADEQUATE FOR A CAR.
I JUST WANTED TO MAKE SURE THAT IT IS THAT, DOES SHE CONCUR THAT IT'S, SORRY, CAN YOU PLEASE REPEAT THAT? YES.
THE, UM, THE, THE APPLICATION HAS A, AS A SKETCH AND IT'S SHOWING THAT THERE'S 12 FEET FROM THE SIDE OF THE HOUSE TO THE SIDE PROPERTY LINE.
AND SHE, SHE AGREES WITH THAT DIMENSION.
UH, ANY OTHER QUESTIONS FROM THE COMMISSION? ZUNA, COMMISSIONER ZUNA? SO ALL, ALL OF THIS COULD HAVE BEEN AVOIDED IF THERE WAS A BUILDING PERMIT PULLED BY HER CONTRACTOR.
AND I WANTED TO KNOW IF SHE CAN TELL US WHO THE NAME OF THE CONTRACTOR IS SO WE CAN BE ON NOTICE.
WELL, I JUST HIRED HIM OVER THE RADIO.
I WAS JUST GIVEN HIS NAME AS JOSE.
SO I'M LOOKING, UH, WELL, THANK YOU VERY MUCH.
WE'RE GONNA GO AHEAD AND DELIBERATE IS, WE'RE LOOKING FOR A MOTION.
UH, DOES, DOES A COMMISSION UNDERSTAND WHAT STAFF IS, IS RECOMMENDING AS AN ALTERNATE? AND IF, IF SO, SOMEONE WOULD LIKE TO TAKE A, UH, TAKE A STAB AT MOVING FORWARD WITH THIS, WITH A MOTION.
UM, SO IT, SO IF I'M READING CORRECTLY, THE, THE STAFF RECOMMENDATION DOESN'T, UH, STATE ANYTHING WITH REGARDS TO THE, UH, FRONT, UM, AWNING STAFF.
STAFF WAS STAFF WAS, STAFF WAS, SORRY, SECOND PAGE.
TWO FOOT VARIANCE FOR THE CARPORT FOR THE SIDE.
A FOUR FOOT VARIANCE FROM THE FRONT OF THE PORCH AND THEN A TWO FOOT VARIANCE FROM THE SIDE OF THE PORCH.
FOR THE SIDE OF THE PORCH APPROACH.
REGARDING CASE NUMBER BO 8 2 1 1 0 3 0 0 1 9 3.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE THREE FOOT FROM THE SIDE, UH, PROPERTY LINE, UH, TO A FOUR FOOT VARIANCE FOR THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A PATIO STRUCTURE TO BE, UM, SIX FOOT OVERHANG WITH A SIX FOOT, UH, WITH AN OVERHANG TO BE SIX FOOT AWAY, UH, FROM THE PROPERTY LINE.
AND A, UH, TWO FOOT VARIANCE FOR THE MINIMUM, UM, FIVE FOOT SIDE SETBACK TO ALLOW A PATIO STRUCTURED, UH, WITH, UH, TWO INCH OVERHANG TO BE FIVE FEET FROM THE SIDE PROPERTY LINE.
DID I GET THOSE NUMBERS RIGHT? TWO FOOT OVERHANG OR TWO FOOT OVERHANG.
OKAY, SO EVERYTHING ELSE LOOKED CORRECT.
TWO FOOT OVERHANG TO BE THREE FEET FROM THE SIDE.
APPLICANT BEING MARIA ELENA LUNA, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS AND THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN NECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE REQUEST TO ALLOW AN ATTACHED CARPORT TO BE, UH, THREE FOOT FROM THE SIDE PROPERTY LINE AND A PORCH COVERED TO BE, UM, THAT WOULD BE FOUR FOOT RIGHT? WAS THAT WHAT YOU SAID? SO FOUR FOOT FROM THE, UH, FRONT PROPERTY LINE AND, UM, AND TWO AND THREE FOOT SIX FOOT FROM THE FRONT, FROM THE SIDE PROPERTY LINE.
THE REQUEST DO NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST DUE TO THE SPECIAL CONDITIONS.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT ANY SPECIFIC CONDITIONS THAT IF ENFORCED WOULD RESULT IN AN UNNECESSARY
[02:45:01]
HARDSHIP BY IMPOSING A LITERAL ENFORCEMENT, A SIZABLE CARPORT AND PORCH COVER WOULD NOT BE BUILT ON THIS PROPERTY.BY GRANTING A VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPEAR OF THE ORDINANCE IS DEFINED, UH, AS AN INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
SUBSTANTIAL JUSTICE WILL BE DONE BY ALLOWING THE CARPORT TO BE BUILT.
UM, AGAIN, THREE FOOT FROM THE SIDE PROPERTY LINE AS THERE WAS A STRUCTURE THERE PREVIOUSLY AND A PORCH COVER TO MAINTAIN, UM, FOUR FOOT OR ONE POINT, UH, ONE FOOT SEVEN INCHES, UH, OH SIX FEET AND THREE FOOT FROM THE FRIED FRONT 10 SIDE PROPERTY LINE.
THERE'S A LOT OF NUMBERS HERE AS I APOLOGIZE.
UM, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH A PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
SUCH VARIANCE WILL, UH, FIVE SUCH, UH, 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 PROPOSED STRUCTURES WILL NOT CAUSE ANY CONCERN AND DO NOT APPEAR TO, TO SUBSTANTIALLY INJURE USES OF ADJACENT CONFORMING PROPERTIES OF THE, OR THE CHARACTER OF THE NEIGHBORHOOD.
THE PROPERTY IS PART OF THE ORIGINAL 36 SQUARE MILES OF THE CITY OF SAN ANTONIO.
THUS SMALL LOT ARE OBSERVED WHERE CARPORTS AND PORCH COVERS CANNOT MEET THE MINIMUM, UH, SETBACK REQUIREMENTS.
THE PLOT TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE PROPERTY, BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS THAT THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THE PROPERTY IS SMALL IN SQUARE FOOTAGE AND THE PRIMARY RESIDENCE, UH, WAS BUILT CLOSE TO THE FRONT PROPERTY LINE.
THE CIRCUMSTANCES ARE NOT MERELY FINANCIAL END OF MOTION.
IS THERE A SECOND? TEAL? UH, TEAL HAS COMMISSIONER TEALS A SECOND.
COMMISSIONER MANNA, PLEASE LEAD THE DISCUSSION.
SO AS A REMINDER, I FOLLOWED, UH, OR I TRIED TO, AS BEST I COULD FOLLOW THE, UH, THE CITY'S RECOMMENDATION.
AND SO I THINK, UM, UH, LOOKING AT THAT, I I AGREE WITH WHAT THE CITY RECOMMENDED.
SO I'LL BE, UH, VOTING IN FAVOR OF THE MOTION.
SOME AGREEMENT WITH MY COLLEAGUE.
UH, I THINK EVEN, UH, PULLING BACK THE, THE CARPORT STILL ALLOWS FOR A VEHICLE TO BE PARKED UNDER THERE.
AND I, I BELIEVE THERE'S STILL ENOUGH SHADED SPACE FOR THE CHILDREN TO ENJOY.
SO I'LL BE IN SUPPORT IS A MOTION AS READ.
ANY OTHER COMMISSIONERS LIKE TO ADD? ALL RIGHT, WE HAVE A MOTION FOR A, UH, FOR A TWO FOOT VARIANCE TO ALLOW A CARPORT TO BE THREE FEET FROM THE SIDE.
A FOUR FOOT VARIANCE TO ALLOW A PATIO TO BE SIX FEET FROM THE FRONT AND A TWO FOOT VARIANCE TO ALLOW A PATIO, FRONT PATIO TO BE THREE FEET FROM THE SIDE.
UM, STAFF, PLEASE TAKE A ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
UH, YOU CAN GET WITH, UH, YOU CAN GET WITH STAFF AND THEY'LL TALK TO YOU ABOUT YOUR NEXT STEPS.
8 21 1 0 3 0 0 9 4 LOCATED AT 1 5 8 HARTFORD AVENUE.
APPLICANT BEING CARLOS ORELLI, A REQUEST FOR ONE, A FIVE FOOT FIVE INCH VARIANCE FROM THE 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW CARPORT TO BE FOUR FEET SEVEN INCHES FROM THE FRONT PROPERTY LINE.
AND TWO, A FOUR FOOT ONE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT WITH FIVE INCHES OVERHANG TO BE 11 INCHES FROM THE SIDE PROPERTY LINE.
UM, CURRENT ZONE IS R FOUR RESIDENTIAL SINGLE FAMILY.
THE SUBJECT PROPERTY IS LOCATED ALONG HARTFORD AVENUE, AS CURRENTLY HAS A SINGLE FAMILY RESIDENCE BILL ON THE PROPERTY.
APPLICANT'S REQUESTED A FIVE FOOT FIVE INCH VARIANCE FROM THE 10 FOOT FRONT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE FOUR FEET, SEVEN INCHES FROM THE FRONT PROPERTY LINE.
AND TWO, A FOUR FOOT ONE INCH VARIANCE FROM THE MINIMUM FIVE FEET SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT WITH FIVE INCHES OVERHANG TO BE 11 INCHES FROM THE SIDE PROPERTY LINE, A PICTURE OF THE SITE PLAN, THE PROPERTY ITSELF SURROUNDING AREAS, SOME MEASUREMENTS OF THE PROPERTY LINE.
[02:50:05]
MORE MEASUREMENTS, UH, SIDE MEASUREMENTS, OVERHANG THE CARPORT ITSELF, NEIGHBORING CARPORTS STAFF RECOMMENDS APPROVAL IN BO 8 21.1 0 3 0 1 9 4 BASED ON THE FOLLOWING FINDING OF A FACT, THE WIDTH OF THE CARPORT IS NINE FEET SIX INCHES, WHICH IS ONLY WIDE ENOUGH FOR TO FIT ONE VEHICLE.
AND THE CARPORT IS CONSTRUCTED OF METAL, WHICH IS FIRE RATED MATERIAL, AND THE STRUCTURE DOES NOT APPEAR TO HAVE ADVERSE EFFECT ON ADJACENT PROPERTIES AND IS NOT ALTERING THE ESSENTIAL CHARACTER OF THE DISTRICT.
UH, THAT CONCLUDES, UM, OH, OH.
STAFF RECOMMENDS, UM, DENIAL AND BO O A 21 1 0 3 0 0 1 9 4 BASED ON THE FOLLOWING FINDINGS OF FACT, THE LENGTH OF THE DRIVEWAY IS SUFFICIENT ENOUGH TO BE ABLE TO CONSTRUCT THE CARDBOARD TO MEET THE FRONT SETBACK REQUIREMENT.
ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE HIGHLAND HILLS ASSOCIATION.
AND THAT CONCLUDES, UM, STAFF PRESENTATION AND THE APPLICANT IS PRESENT.
ALL RIGHT, THANK YOU VERY MUCH.
UH, IF YOU COULD PLEASE COME FORWARD AND STATE YOUR NAME AND ADDRESS FOR THE RECORD.
YOU CAN BEGIN YOUR PRESENTATION.
THIS IS, UH, CARLOS EZ, MY WIFE MICHELLE.
WE'RE THE OWNERS OF, UH, 1 58 HARTFORD AVENUE, SAN ANTONIO, TEXAS 7 8 2 2 3.
AND, UM, WE'RE RECOMMENDING FOR A VARIANCE SO WE CAN GO AHEAD AND START FINISHING, BUILD THE BUILDUP THAT WE GOT.
AND, UH, WE STARTED IT BECAUSE, UH, BECAUSE OF THE, THE RAIN, THE, SOMETIMES WE GET SOME, UH, HAIL AND, AND WE DIDN'T, AS, AS FIRST OWNERS, WE DIDN'T, UH, REALLY THINK THAT WE REALLY NEEDED, UH, UH, UH, UH, TO COME IN AND, AND ASKED FOR, UH, WHAT'S IT CALLED? PERMIT A PERMIT.
SO WE GOT STOPPED AT THE MIDDLE OF THIS POINT AND, UH, THEY TOLD US THAT WE NEEDED TO GET A PERMIT.
WE GOT US A PERMIT, BUT OF COURSE WE DIDN'T.
THEY TOLD US THAT BECAUSE OF THE, UH, PROPER PROPERTY LINE AND THIS AND THAT, UH, THAT WE WERE GOING TO NEED A VARIANCE.
WE CAME AND UH, WE APPLIED FOR THE VARIANCE.
AND, UH, WE, RIGHT NOW WE'RE ON STANDBY.
SEE, HOPING THAT Y'ALL GUYS WILL LET ME FINISH MY, MY BUILDUP ON MY, ON MY RESIDENCE BECAUSE IF I, IF I MOVE A LITTLE BIT TO THE LEFT SIDE WHERE I GOT RIGHT NOW, THE CARPET, I WON'T BE ABLE TO PARK MY VEHICLE.
AND THAT MEANS THE, UH, AIN'T GONNA DO NO GOOD WITH THAT THING, WITH THAT.
UH, AND, AND NOW, WELL THAT'S WHY I'M HERE FOR, AND HOPING THAT YOU GUYS WILL JUST PUT INTO CONSIDERATION THAT I CAN JUST LEAVE IT LIKE THAT AND KEEP ON GOING WITH MY, MY BUILD.
UH, IF YOU COULD JUST HOLD TIGHT FOR A SECOND.
WE'RE GONNA SEE IF ANYONE'S ELSE, I, THERE'S NO ONE ELSE REALLY IN HERE, BUT IS THERE ANYONE SIGN UP TO SPEAK OR ANY VOICEMAILS? NO, THERE'S NOBODY.
SO WE'LL OPEN THIS UP TO QUESTIONS.
UH, ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? MENCHACA, COMMISSIONER KAPLAN AND THEN MENCHACA? YEAH, I HAVE A QUESTION.
HOW BIG IS YOUR VEHICLE THAT YOUR PARKING AND HOW BIG IS THE CURRENT? UM, UM, WELL ACTUALLY IF, IF YOU SEE AT THE VERY FRONT, I WAS GONNA ADD UP TO THE VERY FRONT BECAUSE WE GOT TWO VEHICLES AND I STARTED FROM THE BACK BECAUSE I WAS GONNA PARK ONE VEHICLE AND THEN I WAS GONNA PARK THE OTHER VEHICLE.
AND MY WIFE SAID, WHAT HAPPENS IF SOMETHING HAPPENS TO ONE OF THE VEHICLES THAT'S IN FRONT? HOW ARE WE GONNA GET IN CASE OF AN EMERGENCY? I GOTTA MOVE THE, THE CAR FROM THE FRONT, PUSH IT SO I CAN FINISH THE OTHER, YOU KNOW WHAT I MEAN? AND, AND WHILE IT'S RAINING AND THIS AND THAT, YOU NEVER KNOW WHAT HAPPENS, YOU KNOW? AND, AND IT'S FOR, UH, I WANTED TO BUILD NAILS THAT WAY WE CAN HAVE ANOTHER CARPORT ON THE OTHER SIDE.
BUT THE, THE, THE, SO I'M JUST CONFUSED.
SO IS THE CURRENT CARPORT AS BUILT BIG ENOUGH TO SUPPORT BOTH OF YOUR CARS TO HELP, TO FIT BOTH OF YOUR CARS? NO.
'CAUSE HE HAS A SILVERADO PICKUP AND I HAVE A CHEVY EQUINOX.
SO PART OF THE TRUCK STAYS TO THE BACK.
AND ONE OF THE OTHER REASONS, UM, WAS BECAUSE OF THE WAY THE PARKING IS, THE, THE DRIVEWAY IS, I TELL HIM I'M ALSO AFRAID BECAUSE YOU CAN'T SEE, 'CAUSE THERE'S A FENCE ON THE, THE NEIGHBOR'S FENCE PLUS OUR HOUSE.
SO IF SOMEBODY'S HIDING BACK THERE, I ALSO GET SCARED.
[02:55:01]
FRONT AREA OF THE, I'M SORRY FOR THE FRONT AREA OF THE HOUSE BECAUSE OF MY FEAR IN THE BACK 'CAUSE OF THE, THE, THE HOUSE AND THE NEIGHBORS.SO THAT'S WHY I ASKED FOR A ONE, A CARPORT IN THE FRONT OF THE HOUSE.
AND, AND JUST TO CLARIFY YOUR QUESTION, UM, IT'S THE, THE PLAN SUBMITTED SHOWS 34 FEET FROM THE FRONT OF THE HOUSE TO THE PROPERTY LINE, AND THEN FROM THE GATE THAT YOU MAY BE ABLE TO SEE IN A PICTURE.
UH, IT'S, IT'S, IT'S WELL OVER 20 FEET.
SO YEAH, YOU CAN, YOU COULD PARK A VEHICLE ON THE SIDE OF THE HOME AND THEN A COUPLE IN THE FRONT OF THE HOME.
'CAUSE HE PARKS HIS IN THAT ONE SLOT AND THEN I PARK ON THE, ON THE SIDE OF THE HOUSE.
IS THAT IT? COMMISSIONER KAPLAN? I WAS JUST WONDERING IF YOU COULD, HOW MANY FEET DO YOU ACTUALLY NEED FOR THE TWO OF YOUR CARS? I MEAN, THAT SECOND I SEE THERE'S SEC, A SECOND POLE COMING OUT THAT'S PRETTY FAR TOWARDS THE STREET.
COULD YOU HAVE PUSHED THAT CLOSER TO YOUR HOUSE AND STILL ADEQUATELY COVERED BOTH OF YOUR, YOUR CARS? ACTUALLY, I, I HAVE TO BUILD THAT OTHER PARTS.
SO WE, SO THAT, UH, THE BOTH CARS CAN FIT NICE IN THERE.
SO I WON'T HAVE ANY PROBLEMS MOVING, UH, ONE CAR FROM ONE SIDE TO THE OTHER.
THAT WAY, JUST IN CASE I GOTTA GO, I'LL GO IF THE CAR CAN'T GO SOMEWHERE, SO AT LEAST WON'T HAVE A BACKUP THAT, UH, THAT WE CAN USE THAT OTHER CAR.
AND THERE'S OTHER DIMENSIONS THAT I, THAT I, THAT I HAVE MADE FOR THE, FOR THE OTHER, THE WHOLE CARPORT THAT I WANTED TO DO.
SEE, IT'S, IT'S COMPLETELY, IT'S ABOUT 49 FEET AND SEE THE, AND AND THE FRONT WILL BE 18 BY, BY ALMOST 20.
SO YOU CAN SEE THE DIMENSIONS THERE.
AND THAT'S WHERE I BUILT WHERE IT THERE FROM THE FOUR SIX? FROM THE, FROM THE, WHERE CAN I SAY? SO ON THE, ON THE SIDE OF THE COVERED PORCH, THE CARPORT, THAT'S, THAT'S COMES BEFORE US TODAY ON THE SIDE OF THE HOME.
IT'S ABOUT 11 AND A HALF FEET WIDE.
SEE WHAT I BUILT NOW IS FROM HERE TO HERE AND I WAS BUILDING TO HERE, BUT WE GOT STOPPED BECAUSE THEY SAID THAT WE NEEDED A, A PERMIT.
AND WHEN WE CAME FOR THE PERMIT, WE NEEDED A, A, A, A, A VARIANCE TO FINISH UP THAT.
SO, UH, I, IF WE MOVE, IF WE MOVE THIS WAY, I WON'T BE ABLE TO PARK NO CARS THERE.
AND THIS RIGHT HERE WILL NOT DO ME NO GOOD FOR PARKING MY CARS IN THERE.
THAT'S WHY I WANTED TO BUILD THIS SINCE MY WIFE WAS SAYING SHE DIDN'T REALLY WANT TO PARK IN HERE BECAUSE SHE WAS AFRAID OF THIS LITTLE SPACE THAT SOMEBODY MIGHT BE THERE.
AND I CAME AND I, I, I PUT THE POLES THERE SO I CAN COME ALONG WITH 18 FEET.
SO FROM HERE TO THERE WILL BE 49 FEET.
AND FROM HERE TO HERE, UH, UH, 19, ABOUT 19 FEET, 10 INCHES.
10 FEET OR SOMETHING LIKE THAT.
UH, STEPH, CAN YOU BRING UP THE, THE, THE TITLE SURVEY? THIS LOOKS LIKE IT'S, IT'S, IT'S BEEN MIRRORED FROM THE TITLE SURVEY.
CAN YOU POINT ABOUT WHERE THIS IS ON THIS, ON THIS MAP, SIR? RIGHT HERE.
THIS, THIS IS WHERE I WAS GONNA PUT RIGHT THERE.
AND I ALREADY HAVE BUILT UP, UP TO THERE FOR THE, WHERE THE, WHERE THE GATES AT, UP TO HERE.
SO WHAT I, SO I STARTED BUILDING UP TO HERE, RIGHT? THIS LINE TO HERE, UP TO THERE.
BUT THEY TOLD ME, BECAUSE I OF, I DIDN'T, THE, THE, THE FIVE FEET, THE FIVE FEET VARIANT, THE FIVE FEET, I, I WON'T BE ABLE TO PARK NOTHING IN HERE.
THAT'S WHY I'M, I'M, I, I WOULD LIKE TO KEEP THIS PART AND PARK MY TRUCK HERE AND MY WIFE CAN PARK ON THIS AREA RIGHT HERE WITHOUT DISTURBING ME COMING IN OR OUT.
SO THE TWO ISSUES BEFORE US IS THERE'S 11 FOOT FOUR INCHES FROM THE SIDE OF THE HOME TO THE SIDE PROPERTY LINE.
AND UM, SO THAT'S, THAT'S THE SIDE SETBACK PART OF IT.
AND THEN THE FRONT SETBACK PART OF IT IS, YOU HAVEN'T BUILT THIS YET.
BUT PART OF YOUR APPLICATION IS TO BUILD A CARPORT, UH, TO BE WITHIN 10 YES.
BY FEET FROM THE FRONT PROPERTY LINE YES.
SO THOSE ARE THE TWO ITEMS THAT ARE BEFORE.
SO ONE IS ALREADY, IS PRE, IS IS BUILT BASICALLY IN THE OTHER ONE IS PROPOSED MANNA, COMMISSIONER MANNA.
SO ONE OF THE THINGS THAT WE TALK ABOUT WHEN APPLICANTS DO COME IN IS WHERE WATER RUNS OFF TO.
AND WHEN IT IS THAT WE SEE THAT THERE ARE, UM, ROOF LINES THAT ARE BASICALLY DUMPING WATER ONTO THE NEIGHBORING PROPERTY,
[03:00:01]
WE LOOK TO SEE, UM, HOW THAT'S GONNA BE MITIGATED.AND I THINK ONE OF THE CHALLENGES THAT WE HAVE IS VOTING, VOTING FOR SOMETHING LIKE THAT WITHOUT KNOWING THAT THERE'S GONNA BE WATER MITIGATION GOING ON.
AND SO, UM, SO, UH, UM, ONE OF THE THINGS THAT PEOPLE BRING IN OUR GUTTERS AS AN EXAMPLE.
AND SO I GUESS ONE QUESTION TO MAYBE, UM, HELP US MAKE OUR DECISION IS, UM, COULD YOUR, UM, UM, APPLICATION BE AMENDED SO THAT IT DOES INCLUDE GUTTERS OR NOT? AND THAT'S SOMETHING THAT YOU WOULD HAVE TO CHOOSE TO DO, YOU KNOW, AND, AND, YOU KNOW, THAT WOULD HELP US IN, IN MAKING SOME OF DECISIONS WITH, AT LEAST WITH REGARDS TO THE SIDE PROPERTY.
I, I CAN, I CAN PUT GUTTERS IN THERE.
'CAUSE THOSE WAS, THOSE WERE MY INTENTIONS BECAUSE I DIDN'T WANT MY NEIGHBOR TO BE SAYING, YOU KNOW, YOU GOT WATER ON MY PROPERTY.
THAT'S, THAT WAS ONE OF THE INTENTIONS, BUT SINCE I GOT STOPPED, I, I, THAT'S OKAY.
SO WHAT DO YOU, WHAT, WHAT'S BEING ASKED IS, UM, WE CAN'T ASK YOU TO PUT GUTTERS IN NO, NO, NO.
BUT IF YOU, IF YOU STATE THAT YOU'RE IN AMEND, FORMALLY AMEND YOUR APPLICATION THAT IT WILL INCLUDE GUTTERS.
IT WOULD BE SOMETHING FOR US TO CONSIDER.
SO CAN, SIR, YOU, CAN YOU PLEASE SAY I, THAT I HEREBY AMEND MY APPLICATION TO INCLUDE GUTTERS? YES.
I, I WILL, I HEREBY AMEND, I HEAR, UM, A MAN BY A MAN THAT I WILL PUT GUTTERS IN THE OKAY.
SO WE NOW HAVE A, AN APPLICATION TO THAT WILL INCLUDE GUTTERS.
UM, SO WE HAVE TWO ISSUES BEFORE US, THE SIDE SET BACK, UM, AND THEN ALSO THE FRONT, UM, BEING, BEING WITHIN 10 FEET FROM THE FRONT PROPERTY LINE.
IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION? MENCHACA, COMMISSIONER, MENCHACA, UH, DID YOU BUILD THIS WITH YOUR HANDS OR YOU HAD THIS DESIGNED FROM SOMEBODY? BECAUSE I'M CONCERNED ABOUT THE ROOF OVER A ROOF.
THE, THE ONLY THING THAT I DIDN'T DO WAS THAT WHEN WE BOUGHT THIS HOUSE, IT WAS AL THEY ALREADY HAD THEIR CEMENT THERE.
SO I ANCHORED ALL THAT IN THERE WITH, WITH SOME ANCHOR BOATS.
YES, I, I WELDED EVERYTHING MYSELF.
I WAS JUST CURIOUS IF THAT WAS PART OF THE INSPECTION OF STAFF, OF THE INTEGRITY OF THIS THING, BECAUSE I NEVER SEEN A POLE, UH, CUT LEFT AND RIGHT TO HOLD UP THE ROOF IS WHY, THE REASON I WAS ASKING NO, THE, THE, ARE YOU TALKING ABOUT THIS POLE ONE'S ON THE NEXT, THE ONE'S ON THE LEFT NEXT TO THE HOUSE? YEAH, IF YOU, IF YOU BRING UP THE, THE STAFF, YOU BRING UP YOUR ATTACHMENTS, UH, THERE'S, THERE'S ONE ENTITLED SUBJECT PROPERTY CARPORT SHOWS A GREAT PICTURE OF IT.
BECAUSE I, I WAS GONNA COME UP SOME MORE THIS WAY IS IF YOU'RE TALKING ABOUT THIS POLE AND THIS POLE, THIS ONE RIGHT HERE, ELBOW? NO, THAT'S AN ELBOW.
BECAUSE I HAVE TO DO THAT BECAUSE AS YOU CAN SEE, IF I WOULD COME OVER HERE, THEN I WOULDN'T BE ABLE TO COME STRAIGHT ACROSS.
SO I HAD TO MAKE A, A A 90 AND COME UP SO I CAN DO MY, MY, MY, MY, UH, THE, THE TOP PART.
I THOUGHT MAYBE AT THE TOP THERE'D BE A CROSS MEMBER, THEN YOU HAVE SOME SORT OF SUPPORT LIFTING THE ROOF, BUT I'M JUST WANTED TO KNOW.
AND SO I HAVE A QUICK QUESTION.
DOES IT, DOES YOUR CARPORT, UH, TILT TOWARDS THE SIDE, CORRECT.
UH, ANY OTHER QUESTIONS? NO, UH, COMMISSIONER ALBERT? UH, I'D JUST LIKE SOME CLARIFICATION.
DEF UH, THE, THE FRONT OF THE FRONT PORCH IS 25 FEET SETBACK.
UH, THE FRONT OF THE HOUSE IS 34 FEET 0.1 FEET, AND THEN THE, THE PORCH IS, UH, IT'S NOT DIMENSION.
I'M JUST LOOKING AT THE, UH, SURVEY.
OH YEAH, THE 25 FOOT BUILDING SETBACK.
SO YEAH, IT'S VERY CLOSE TO 25 FEET.
IT'S A LITTLE OVER 25 FEET FROM THE FRONT PROPERTY LINE.
AND CURRENTLY THE CARPORT IS PRETTY MUCH EVEN WITH THE FRONT OF THE FRONT PORCH.
SO HE'S GOT A GREATER THAN 10 FOOT SETBACK CURRENTLY, OR YES.
FOR THE, THE CARPORT THAT'S CURRENTLY CONSTRUCTED, BUT WHERE THE FRONT SETBACK ISSUE IS FOR THE PROPOSED ADDITION TO THAT CARPORT, SO OKAY.
THE PROPOSAL IS TO EXTEND THE CARPORT EVEN FURTHER THEN AND ENCROACHING TO THE 10 FOOT.
ANY OTHER QUESTIONS? ALL RIGHT.
UH, SO SIR, IF THERE'S ANY OTHER CLOSING REMARKS YOU'D LIKE TO MAKE BEFORE WE DELIBERATE? UH, NO, SIR.
AND, AND, AND JUST TO BE CLEAR, YOUR INTENT IS TO, UH, CONTINUE THE CARPORT BACK TILL IT GETS CLOSE TO THE FRONT PROPERTY LINE.
IS IT GOING TO GET WIDER AS IT GETS PAST THE FRONT OF YOUR HOUSE, OR IS IT GONNA MAINTAIN THE SAME WIDTH? IT'S GONNA HAVE, IT'S GONNA BE WIDER FROM, FROM, YOU'RE GONNA COVER THE ENTIRE DRIVEWAY? NO, NO, NOT ALL THE WAY TO SEE IF, IF YOU ZOOM INTO IT, THERE'S ANOTHER POLE RIGHT HERE, THAT'S WHERE IT'S GONNA END.
WHERE MY, WHERE THAT, THAT, THAT, UH, YEAH, WHERE THAT WHITE RIGHT THERE.
[03:05:01]
RIGHT THERE TO HERE? MM-HMM.SO IT'S, WHICH IS GONNA BE ABOUT MAYBE 18 BY WHATEVER THE LAKE.
SO IT'LL BE A GOOD TWO CARS WINE.
I JUST WANNA MAKE SURE THAT WE KNOW WHAT WE'RE, WE'RE BEING ASKED TO LOOK AT.
DOES EVERYBODY ON THE COMMISSION UNDERSTAND WHAT, WHAT IS BEING REQUESTED? OKAY, SO I'M LOOKING FOR A MOTION THEN.
I'M GONNA DIVIDE THIS UP INTO TWO MOTIONS.
REGARDING CASE NUMBER BO O A DASH 21 DASH 3 94, I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE, A FOUR FOOT, ONE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW THE CARPORT WITH FIVE INCH OVERHANG TO BE 11 INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 1 5 8 HARTFORD AVENUE, APPLICANT BEING CARLOS ORLA.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE APPLICANT IS REQUESTING TO CONSTRUCT A CARPORT WITH FIVE INCH OVERHANG THAT IS TO BE FOUR FOOT SEVEN INCHES FROM THE PROPERTY LINE.
AND 11 INCHES, EXCUSE ME, PPLICANT, IS THE APPLICANT IS REQUESTING CARPORT CORRECT, UH, LINE AND 11 INCHES FROM THE SIDE PROPERTY LINE REQUESTS DO NOT SEEM CONTRARY TO THE PUBLIC INTERESTS.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT WOULD RESULT IN AN UNNECESSARY HARDSHIP.
THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT HAVING TO MOVE THE POST OF THE STRUCTURE FIVE FEET AWAY FROM THE SIDE PROPERTY LINE, WHICH WOULD REQUIRE POSSIBLE DEMOLITION OF THE CARPORT.
THE WIDTH OF THE CARPORT IS NINE FOOT SIX INCHES, WHICH IS ENOUGH SPACE TO PARK A VEHICLE WHICH PRE PRESENTS AN UNNECESSARY HARDSHIP.
THREE, BY GRANTING THE VARIANCE, THE SPIRITS OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE SIDE SETBACK IS INTENDED TO PROVIDE SPACE BETWEEN STRUCTURES, BUT THE CARPORT IS CONSTRUCTED OF METAL, WHICH IS A FIRE RATED MATERIAL.
THE SPIRIT OF THE ORDINANCE APPEARS TO BE OBSERVED, AND THE STRUCTURE IS ONLY ABLE TO FIT THE WIDTH OF ONE VEHICLE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
MANY OTHER CARPORTS WERE OBSERVED IN THE SURROUNDING AREA.
SO THE REQUESTED VARIANCES VARIANCE DOES NOT APPEAR TO BE INJURING ADJACENT CONFORMING PROPERTIES OR ALTERING THE CENTRAL CHARACTER OF THE DISTRICT SIX P TO THE OWNER FOR THE, OF, OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS 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.
STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SMALL AMOUNT OF AVAILABLE WIDTH OF THE DRIVEWAY AND IS NOT MERELY FINANCIAL END OF MOTION.
YOU A SECOND BY COMMISSIONER MANNA.
I, I'D LIKE TO, UH, OFFER A FRIENDLY AMENDMENT IF I COULD BE WHAT'S AND WHAT, WHAT'S THAT COMMISSION? SO, UH, THAT WE ACTUALLY ON NUMBER FIVE INCLUDE APPLICANT AMENDED THEIR APPLICATION TO INCLUDE GUTTERS.
UH, THIS IS THE STAFF RECOMMENDED, UH, ALTERNATIVE.
UM, AND I THINK THAT THAT MORE THAN ADEQUATELY GIVES HIM SPACE OVER THERE.
OR AS WELL AS, UH, OR EXCUSE ME, THIS WAS, THE STAFF RECOMMENDED THIS FOR APPROVAL.
AND I'M IN AGREEMENT BECAUSE IT IS FIRE RATED.
THERE IS SPACE AND LIGHT, UH, AVAILABLE BETWEEN THE TWO PROPERTIES AND, UH, I THINK THIS WILL BE FINE.
SO WE HAVE A MOTION, UH, SOLELY FOR THE SITE SETBACK ISSUE, UH, MADE BY COMMISSIONER THIEL, SECOND BY COMMISSIONER MANNA.
ANY OTHER DISCUSSION FROM COMMISSIONERS? HEARING NON STAFF? PLEASE SECOND A ROLL CALL VOTE.
MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN.
I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
UH, NOW THERE'S THE ISSUE OF THE FRONT SETBACK.
IS THERE ANYONE THAT, UH, WOULD LIKE TO PURSUE A MOTION FOR THAT IF, ALL RIGHT, SO
[03:10:01]
HEARING NONE, UH, WE'LL MOVE ON TO THE NEXT CASE, UH, FOR THE APPLICANT.IF YOU COULD GET WITH STAFF AND TALK, UH, TO THEM ABOUT WHAT TO DO NEXT.
UH, YOUR, YOUR, YOUR REQUEST FOR THE SIDE SETBACK WAS, UH, WAS MADE FOR THE STAFF RECOMMENDATION.
SO IT'S, IT'S A TWO FOOT VARIANCE AND THERE WAS NO MOTION FOR, FOR THE FRONT SETBACK.
SO THEY'RE GONNA, WE, WE WANT YOU TO MEET THE 10 FOOT REQUIREMENT, SO IF YOU COULD GET WITH STAFF, THEY'LL TALK TO YOU ABOUT THAT.
AGENDA ITEM NUMBER 11 IS CASE BO, O A 21 1 0 3 0 0 1 94.
THE SUBJECT PROPERTY, UM, OH, WAIT, NO, THAT'S NOT RIGHT.
THE SUBJECT PROPERTY IS LOCATED AT 6 0 1 HUNT STOCK AVENUE WITHIN COUNCIL DISTRICT FIVE.
UH, THE APPLICANT IS JASON TRUJILLO.
THE REQUEST IS FOR ONE, A ONE FOOT TWO INCH SPECIAL AND THREE FOOT SOLID SCREEN.
UH, FENCE HEIGHT RESTRICTION TO ALLOW A FOUR FOOT, TWO INCH SOLID SCREEN FENCE IN THE FRONT YARD TO A ONE FOOT EIGHT INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED GARAGE TO BE THREE FEET, FOUR INCHES FROM THE SIDE PROPERTY LINE.
THREE, A 15 FOOT, ONE INCH VARIANCE FROM THE 20 FOOT MINIMUM GARAGE SETBACK REQUIREMENT TO ALLOW A DETACHED GARAGE TO BE FOUR FEET 11 INCHES FROM THE REAR PROPERTY LINE.
AND FOUR, A 10 INCH, FOUR INCH, 10 FOOT FOUR INCH VARIANCE FROM THE CLEAR VISION STANDARDS TO ALLOW A SOLID SCREEN FENCE TO BE FOUR FOOT EIGHT INCHES FROM THE CURB.
UM, ALONG THE REAR PROPERTY LINE, THE ZONING OF THE PROPERTY IS SINGLE FAMILY RESIDENTIAL.
THE APPLICANT IS, UH, PROPOSING TO CONSTRUCT A DETACHED GARAGE LOCATED IN THE REAR OF THE PROPERTY.
UM, THE ACCESS WOULD BE LOCATED OFF OF LORETTA PLACE.
THE CONCRETE SLAB IS CURRENTLY, UM, THREE FEET, FOUR INCHES FROM THE SIDE PROPERTY LINE, UM, AND THE, AND FOUR FEET, 11 INCHES FROM THE REAR PROPERTY LINE, WHICH IS WHERE THE PROPOSED DETACHED GARAGE IS.
UM, GOING TO BE PLACED UPON THE SITE VISIT STAFF TO NOTICE THEIR FRONT YARD FENCE TO BE TALLER THAN THREE FEET.
UM, IT MEASURES AT FOUR FEET, TWO INCHES.
UM, ADDITIONALLY, UH, THE SOLID SCREEN FENCE ALONG THE REAR PROPERTY LINE, UH, WAS OBSERVED TO BE ENCROACHING INTO THE CLEAR VISION FIELD, UM, WHICH IS DIRECTLY AB BEDDING THEIR DRIVEWAY, UM, WHICH IS THEY APPROACHED TO THE PROPOSED DETACHED GARAGE.
THIS IS AN IMAGE OF THE SITE PLAN.
UM, THAT FENCE IS CONSIDERED TO BE SOLID SCREENED.
UM, SO IT IS SLIGHTLY TALLER THAN THREE FEET.
THIS IS THE EXISTING, UM, SLAB AND THE STRUCTURE THAT'S CURRENTLY THERE.
SO THAT THREE FOUR ALL FROM THE SIDE PROPERTY LINE HERE IS THAT SECTION OF FENCE THAT'S ENCROACHING INTO THAT 15 FOOT, UM, CLEAR VISION FIELD.
AND THIS IS, UH, ANOTHER GARAGE THAT'S DIRECTLY ADJACENT TO WHERE THEY'RE PROPOSING.
UM, AND THEN WE'LL MOVE ON TO THE SURROUNDING AREA PICTURES.
SO FOR THE SIDE AND GARAGE SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BO O A 21 1 0 3 0 0 9 1 9 7 BASED ON THE FOLLOWING FINDINGS.
ONE, THE DETACHED GARAGE IS THREE FEET, FOUR INCHES FROM THE SIDE PROPERTY LINE, AND FOUR FEET 11 INCHES FROM THE REAR PROPERTY LINE.
AND TWO, THE LIMITED SPACE IN THE REAR YARD.
AN UNUSUAL CONFIGURATION OF THE LOT PRESENT, A HARDSHIP IN THE CONSTRUCTION OF THE DETACHED GARAGE FOR THE CLEAR VISION VARIANCE.
STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS.
ONE, THE FENCE CAN BE ALTERED TO MEET THE CLEAR VISION STANDARDS.
AND THEN AS FAR AS THE FRONT YARD SPECIAL EXCEPTION, STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS.
UH, THE FRONT YARD FENCE IS FOUR FEET, TWO INCHES AND DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
AND TWO, THE FRONT YARD FENCE DOESN'T VIOLATE ANY CLEAR VISION STANDARDS.
UH, 40 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET.
WE DIDN'T RECEIVE ANY RESPONSES FROM ANY PROPERTY OWNERS NOR THE ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION.
UH, THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT.
UH, IF THE APPLICANT PLEASE COME FORWARD AND STATE YOUR NAME AND ADDRESS FOR THE RECORD.
[03:15:01]
UH, 6 0 1 HUNT STOCK AVENUE.THANK YOU GUYS SO MUCH FOR ALLOWING US TO PRESENT TO YOU TONIGHT OR TODAY.
SO, UM, WE PURCHASED THIS HOUSE ABOUT A YEAR AGO.
UH, IT HAS AN EXISTING, UH, DETACHED CARPORT, WHICH IS IN VERY POOR CONDITION.
JUST MAKE SURE YOU'RE SPEAKING TO THE MIC, PLEASE.
UH, WE PURCHASED THIS HOUSE ABOUT A YEAR AGO, A YEAR AND A HALF AGO.
UM, AND IT HAS A DETACHED CARPORT EXISTING, UM, THAT IS IN VERY POOR CONDITION.
UM, AND SO WHAT WE ARE SEEKING TO DO IS, IS CONSTRUCT A NEW GARAGE THAT TAKES UP ROUGHLY THE SAME SQUARE FOOTAGE AS THE EXISTING CARPORT.
UM, BUT THE CURRENT CARPORT IS OUT OF COMPLIANCE.
UM, AND SO THAT'S, THAT'S WHAT WE'RE HERE FOR.
AND ADDITIONALLY, UM, ABOUT SIX, SEVEN MONTHS AGO, THE CITY HAD HAD INVESTED IN, UM, UPDATING LORETTA PLACE.
AND SO THEY ACTUALLY REDID THE SIDEWALK THERE AND REPOED THE, UM, OH, WHAT IS IT? THE GARAGE? THE APPROACH.
AND SO WE WANNA HONOR, UM, WHAT THE CITY HAD DONE FOR US AND TRY TO KEEP THE GARAGE IN THAT SAME AREA AS WELL, INSTEAD OF, YOU KNOW, TRYING TO LOOK AT OTHER CONFIGURATIONS ON OUR LOT.
IS THERE ANYONE SIGNING, NO ONE'S HERE, BUT ANY VOICEMAILS? NO, THERE'S NONE.
UH, SO WHAT WE'LL DO IS WE'RE GONNA, UH, OPEN THIS UP TO QUESTIONS.
ANY COMMISSIONER QUESTIONS?
SO THE, THE STAFF IS, IS RECOMMENDING DENIAL OF THE CLEAR VISION STANDARDS.
WHAT IS THAT HARDSHIP OR HOW COULD YOU REMEDY TO, TO STAY WITHIN COMPLIANCE WITH THE CLEAR VISION, UH, WITH THIS PARTICULAR MODIFICATION OR SOMETHING? SURE, SURE.
THIS MORNING, UM, I SENT, UH, AN UPDATED SKETCH TO OUR CASE MANAGER.
UM, AND I CAN, I'M HAPPY TO DISTRIBUTE THAT TO YOU GUYS, BUT ONE THING I WOULD PROPOSE IS JUST IN ESSENCE CUTTING OFF THAT PORTION OF, UH, THE FENCE THAT'S OBSTRUCTING TO MAKE IT PARALLEL WITH THE FACE OF THE PROPOSED GARAGE.
UM, THAT WAY, AS SOON AS YOU'RE BACKING OUT, YOU WOULD GET A DIRECT LINE OF SIGHT.
HAVE YOU SHARED THAT WITH STAFF? AND IF THEY, THEY CAN, UM, OPINE TO THAT.
ISN'T IT ON ALREADY PROJECTED ON THERE? NO, THAT, THAT'S AN OLDER ONE.
I, I HAVEN'T SHARED, I UPLOADED IT TO THE CASE MANAGER, BUT I HAVEN'T HAD A CHANCE TO.
SO AS YOU CAN SEE THERE, THERE'S A 15 FOOT, THAT DIMENSION IS, IS WHAT I WOULD PROPOSE TO, UH, ALLEVIATE THE, THE CLEAR VISION, UM, ISSUE STAFF.
WOULD THAT COMPLY? IS IT YES, THE FENCE SHOULD BE 15 FEET BACK FROM THE CURB.
WELL, IT'S 15 FEET IN LENGTH, BUT IS YOU'RE SAYING IT HAS TO BE 15 FOOT OFFSET FROM THE CURB? 'CAUSE IT, IT'S NOT THAT FOUR FEET, 11 PLUS.
I THINK THE ISSUE THAT WE RUN INTO IS IF WE MOVE THE WHOLE FENCE BACK 15 FEET FROM THE CURB, IT, IF YOU ZOOM UP, IT GETS REALLY CLOSE TO OUR, OUR PROPERTY OR OUR HOUSE.
PART OF THE PROBLEM IS, IS WITH THE GARAGE BEING THAT CLOSE TO THE STREET, IT'S IMPOSSIBLE.
IT, IT DOESN'T MATTER WHERE YOU PUT THE FENCE.
UH, STAFF IS THERE ALREADY IS.
SO WITH THE SKETCH THAT WE'RE LOOKING AT OUR SCREEN, IS THERE ANYTHING TO THIS THAT WOULD AMEND YOUR RECOMMENDATION OR, OR ALTERED IN SOME WAY? JUST TO BE CLEAR, NOTHING'S CHANGED AS FAR AS THE LOCATION OF THE GARAGE.
IT'S JUST THE, ON THIS SK 0 0 3, THE ONLY THING THAT'S CHANGED FROM WHAT YOU GUYS HAVE PREVIOUSLY SEEN IS JUST THAT PORTION OF FENCE THAT CREATES THE, THE HAT, THE CLEAR VISIBILITY ISSUE.
SO THAT FENCE WOULD BE FOUR FOOT, TWO INCHES TALL? NO, NO.
WE WOULD PROPOSE TO KEEP IT THE SAME HEIGHT THAT IT IS.
AND HOW HIGH IS IT NOW? UH, I BELIEVE IT'S SIX FEET.
THE FOUR FOOT TWO IS THE FRONT FENCE.
CAN THAT BE SHOWN IN ONE OF THE SLIDES? SO I'LL SEE WHAT HE REALLY, WHAT HE'S SAYING.
WHERE'S THE CUT? WHERE'S THE CHANGE? I'M NOT SURE.
SO YOU SEE THAT WOOD FENCE, THE CORNER WHERE IT FOLLOWS THE SIDEWALK, IT TURNS AND THEN IT, IT PARALLELS.
SO HE, HE'S, HE'S SUGGESTING THAT, THAT THAT WOULD BE MOVED BEHIND THE PLANE OF THE GARAGE DOOR.
SO BASICALLY IN THIS IMAGE THAT YOU SEE HERE, YOU WOULD SEE MORE, UH, SOD THAN WHAT'S SHOWN HERE ALONG THE SIDEWALK TO, TO OPEN UP VIEW ALMOST LIKE A TRI TRIANGULAR SOD PORTION THERE, RIGHT? MM-HMM.
[03:20:01]
YOU.SO, AND IF I UNDERSTOOD CORRECTLY, SO IN THAT ONE PICTURE IT WOULD BE 15 FEET OUT THEN AS FAR AS WHEN IT, WHEN IT CAME BACK TO THE ORIGINAL LINE OF THAT FENCE? THAT'S CORRECT.
THAT'S THE 15 FOOT DIMENSION IS, UH, CORRECT.
IT'S SUPPOSED TO BE 15 FEET OFF OF THE CURB.
BUT SINCE YOU'RE, THE PROPOSED GARAGE IS CLOSER THAN THAT, IT'S, THEY'RE JUST PUTTING A FENCE TO WHERE THEY, IT'S NOT BLOCKING ANY VIEW.
AS MUCH AS THAT, THAT'S THE INTENT, PROPOSED INTENT.
SO JUST AS A COMMENT, SO I, I DO SEE BARBED WIRE, UM, IT LOOKS LIKE ON, ON PART OF THE FENCING, SO THAT, UH, I DON'T THINK THAT'S PERMITTED ON RESIDENTIAL PROPERTY, SO, SO I DUNNO IF THAT'S YOUR NEIGHBORS OR YOURS.
I DON'T, I THINK THE FENCE IS ACTUALLY ON OUR PROPERTY.
UM, IF THAT'S SOMETHING THAT IS, UH, UH, CONTINGENT, WE'RE, WE'RE HAPPY TO, UH, YEAH, TAKE THAT DOWN.
THAT'S THE ONLY PORTION OF THE FENCE ON THAT.
WE SHARE A FENCE WITH TWO DIFFERENT NEIGHBORS THERE ON THAT FENCE LINE.
AND IT'S ONLY ON ONE OF OUR NEIGHBORS PROPERTY LINE, SO WE CAN WORK WITH OUR NEIGHBOR TO TRY TO SEE HOW WE CAN YEAH.
SO YOU DON'T WANT ANYBODY TO GETTING HURT AS THEY, AS THEY ABSOLUTELY.
I DON'T LIKE THE APPEARANCE OF IT.
BUT THAT, THAT THE FENCE WITH THE BARBED WIRE, IS THAT YOUR FENCE OR YOUR NEIGHBOR'S? THAT'S A GOOD QUESTION.
I THINK IT'S ON OUR PROPERTY LINE.
UH, OUR PROPERTY LINE IS SLIGHTLY BEYOND THAT FENCE, SO I ASSUME IT FALLS UNDER OUR RESPONSIBILITY.
'CAUSE YOU CAN'T HAVE BARBED WIRE AT A HOUSE.
UM, IF THERE'S ANY LE CLOSING REMARKS YOU'D LIKE TO MAKE BEFORE WE, UH, DELIBERATE FEEL FOR ME? JUST THAT WE REALLY LOVE OUR HOME.
THE ONLY PROBLEM WITH OUR HOME IS IT'S, IS A LITTLE SMALL IN SIZE, AND SO WE WERE REALLY LOOKING FORWARD TO HAVING A DETACHED GARAGE, UM, JUST TO, YOU KNOW, BE ABLE TO STAY IN OUR HOME AS LONG AS POSSIBLE TO HOPEFULLY, YOU KNOW, WANNA EXPAND OUR FAMILY, ALL OF THAT.
AND, UM, THE GARAGE WOULD REALLY HELP US OUT WITH THAT.
AND SO, KNOW WE'RE, WE'VE, WE'VE GOT FOUR ITEMS TO CONSIDER.
UH, WE HAVE A SPECIAL EXCEPTION AND THE THREE THAT COULD BE GROUPED TOGETHER OR SEPARATED, WHO LIKE TO MAKE A MOTION.
AND, UH, BEFORE WE MOVE ON WITH IT, WHAT YOU SUBMITTED ABOUT MOVING THE FENCE, IS THAT PART OF THEIR FORMAL APPLICATION AT THIS POINT? OR IS THAT SOMETHING THAT, UH, OR NOT? I THINK THEY WOULD HAVE TO FORMALLY STATE THAT THEY'RE INCLUDING IT.
SO WHAT HAPPENS IS WE CAN ONLY CONSIDER WHAT YOU ACTUALLY TURN IN MM-HMM.
SO THAT SKETCH THAT WE SAW FOR THE 15 FOOT, UM, AUGMENTATION OF THE FENCE MM-HMM.
WELL, BUT YOU NEED TO STATE IT AS A OH, OKAY.
UM, I WOULD LIKE TO INCLUDE SK 0 0 3 AS A PART OF THE FORMAL APPLICATION.
WITH THAT, WHO'D LIKE TO GO ZUNA AND I'LL, I'LL START WITH THE SPECIAL EXCEPTION, PLEASE.
REGARDING CASE NUMBER BO A DASH 21 DASH 307, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, A ONE FOOT TWO INCH SPECIAL EXCEPTION FOR THE MAXIMUM THREE FOOT SOLID SCREEN FENCE, HIGH RESTRICTION TO ALLOW A FOUR FOOT TWO SOLID SCREENING FENCE IN THE FRONT YARD, SITUATED AT 6 0 1 UNSTUCK AVENUE, APPLICANT BEING JASON TRUJILLO.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
THE U D C STATES THAT THE BOARD OF ADJUSTMENT COULD GRANITE SPECIAL EXCEPTION FOR OFFENSE HEIGHT MODIFICATION.
THE ADDITIONAL FENCE, UH, FENCE HEIGHT OF ONE FOOT TWO INCHES OF HEIGHT IS INTENDED TO PROVIDE ADDITIONAL, UH, SAFETY FOR THE PROPERTY.
B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE.
THESE CRITERIA, THESE CRITERIA ARE REPRESENTED BY THE FENCE HEIGHT TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY.
THE FENCE ISN'T COMPLETELY SOLID SCREEN, WHICH STILL SERVES THE PUBLIC WELFARE INCONVENIENCE.
C THE NEIGHBORING PROPERTY WOULD NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE BOARD FINDS THE DEFENSE WILL CREATE ENHANCED, UH, 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, AND THE LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE ADDITIONAL HEIGHT FOR THE SECTION OF FRONT YARD FENCE DOES NOT APPEAR TO ALTER THE, THE ESSENTIAL CHARACTER OF THE DISTRICT AND WILL PROVIDE SECURITY FOR THE DISTRICT.
UH, E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE ESTABLISHED FOR THE SPECIFIED 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.
[03:25:01]
SECOND, SECOND.COMMISSIONER ZUNA, PLEASE LEAD, LEAD A DISCUSSION.
I'M SUPPORTING THE MOTION, UH, THE CITY, UH, STAFF, UH, UH, RECOMMENDED APPROVAL HERE.
AND I, I, UH, SEE THE FENCE AS, AS PROVIDING SECURITY.
IT'S, IT'S A NICE, UM, LOOKING FENCE AND THERE WAS NO OPPOSITION FOR ANY OF THE ADJOINING PROPERTY OWNERS OR THE NEIGHBOR ASSOCIATION, WHICH WOULD'VE HAD AN OPPORTUNITY TO PROVIDE COMMENT.
AND SO I'M, I'M SUPPORTING THE MOTION.
ANYONE ELSE LIKE TO ADD HEARING ON STAFF? PLEASE? A ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
UH, NOW FOR THE ITEMS OF THE VARIOUS SETBACKS.
UM, SO REGARDING CASE NUMBER BO EIGHT DASH 21 DASH 0 3 0 0 1 97, I MOVE AT THE BOARD OF ADJUSTMENTS GRANT TO REQUEST FOR ONE A ONE FOOT EIGHT INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED GARAGE TO BE THREE FEET, FOUR INCHES FROM THE SIDE PROPERTY LINE.
UH, TWO, I GUESS TWO WOULD BE A 15 FOOT, ONE INCH VARIANCE FROM THE 20 FOOT MINIMUM GARAGE SETBACK REQUIREMENT TO ALLOW A DETACHED GARAGE TO BE FOUR FEET.
11 FROM THE REAR PROPERTY LINE.
AND THREE, A VARIANCE OF THE CLEAR VISION STANDARDS AS PROVIDED IN THE APPLICANT'S SKETCH AND TESTIMONY THAT WAS PRESENTED BEFORE THE BOARD, UH, FOR A SOLID SCREEN FENCE, UH, TO BE, UH, TO BE LOCATED PER THIS, PER THE APPLICANT'S SKETCH, UH, SITUATED AT 6 0 1 UNSTUCK AVENUE, APPLICANT BEING JASON TRUJILLO.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED BY THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE DETACHED GARAGE BEING PROPOSED THREE FEET, FOUR INCH FROM THE SIDE PROPERTY LINE AND FOUR FEET 11 FROM THE REAR PROPERTY LINE OF THESE VARIANCES, REQUESTS DO NOT APPEAR CONTRARY TO THE PUBLIC INTEREST DUE TO THE LIMITED SPACE EXISTING ON THE PROPERTY IN THE EXISTING CONCRETE SLAB.
THE VARIANCES, UH, TO THE CLEAR VISION AS AMENDED, DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT ANY SPECIAL CONDITION THAT IF ENFORCED, WOULD RESULT IN UNNECESSARY HARDSHIP.
THE CONFIGURATION AND DEPTH OF THE LOT DOES NOT PROVIDE ENOUGH SPACE TO MEET THE 20 FOOT GARAGE SETBACK.
SO A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE VARIANCE TO THE CLEAR VISION, STEPBACK AND GARAGE SETBACKS DO NOT APPEAR, UH, DO APPEAR TO OBSERVE THE SPREAD OF THE ORDINANCE.
THE SHAPE OF THE LIGHT IS UNUSUAL AND THE LIMITED SPACE OF THE REAR YARD PRESENT AN UNNECESSARY HARDSHIP FOR THE VARIANCE WITHOUT AUTHORIZE THE OPERATION OF USE.
OTHER THAN THOSE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
THE VARIANCE WITHOUT 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 WHICH THE PROPERTY IS LOCATED.
THE, THE DETACHED GARAGE WILL REMAIN, UH, WELL MAINTAINED AT THREE FEET, FOUR INCHES FROM THE SIDE PROPERTY LINE AND A FOUR FOOT 11 FROM THE REAR PROPERTY LINE.
THE DISTANCES HAVE NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND ARE AS THERE ARE OUR GARAGES WITH SIMILAR APPROACH, UH, APPROACH ADJACENT TO THE PROPERTY.
THE EXISTING FENCE ALSO DOES NOT APPEAR TO SUBSTANTIALLY INJURE ADJACENT PROPERTIES.
UH, THE PLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SALT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, NOT DUE TO ARE THE RESULT OF GENERAL CONDITIONS.
AND THE DISTRICT IN WHICH THE PROPERTY IS LOCATED, THE BOARD FINDS IT'S APPLIED TO THE PROPERTY OWNER IS SOUGHT IT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE UNUSUAL CONFIGURATION OF THE LOT AND ARE NOT MERELY FINANCIAL.
AND A MOTION IS THERE A SECOND? SECOND? SECOND.
SO I'M SUPPORTING THE, THE, UH, THE MOTIONS AS READ.
UM, WE HAVE STAFF APPROVAL, A MAJORITY OF 'EM, AND THE APPLICANT, UH, DID AMEND HIS, UH, HIS APPLICATION REGARDING THE CLEAR VISION AND WE ARE, UM, ACCEPTING THE REVISIONS TO THE SKETCH THAT HE PROVIDED.
SO, UM, I'M SUPPORTING THE MOTION.
YEAH, I THINK THAT THE, UM, IMPROVEMENTS THAT ARE MADE, UH, WILL REALLY IMPROVE THE HOUSE AND THE NEIGHBORHOOD.
AND THE WAY THAT YOU CH YOU'VE AMENDED YOUR PROPOSAL, I THINK MAKES SENSE.
ALRIGHT, ANY OTHER COMMISSIONERS LIKE THAT? CHIME IN.
YEAH, I'D LIKE TO COMMEND YOU GUYS FOR TAKING ON SUCH A, A SPECIAL LOT.
I THINK THAT'S A REALLY NICE LOT YOU'VE GOT THERE.
AND UM, I CERTAINLY AM GONNA SUPPORT, UH, THIS, THESE MOTIONS.
AND ONE THING YOU MIGHT WANNA CONSIDER WITH YOUR CLEAR
[03:30:01]
VISION ON THE GARAGE EXIT IS, UH, IN A LOT OF URBAN AREAS, YOU JUST SEE ONE OF THOSE ROUND BUBBLE MIRRORS.IT MAKES THE PEDESTRIANS MUCH MORE COMFORTABLE.
THEY CAN SEE THE ANYBODY'S COMING OR GOING FROM THE GARAGE.
THANK YOU FOR THE RECOMME RECOMMENDATIONS.
ALRIGHT, IF THERE'S NOTHING ELSE, STAFF, PLEASE TAKE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. THI YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
YOU GET WITH STAFF, THEY CAN TALK TO YOU ABOUT YOUR NEXT STEPS.
[ Approval of Minutes ]
ITEM UP IS THE MINUTES.I MADE SOME ADJUSTMENTS TO IT, BUT THEY'VE ALREADY MADE THOSE, UH, CORRECTIONS.
UM, SO, UM, I MOVE THAT WE APPROVE THE MINUTES AS, UH, AMENDED.
WE HAVE A MOTION BY COMMISSIONER MANNA TO APPROVE THE MINUTES AS AMENDED.
SECOND BY COMMISSIONER KAPLAN.
AND WITH ONE ABS ABST EXPLANATION, UH, MO MINUTES PASS.
IS THERE A DIRECTOR'S REPORT? UM, CHAIR ORIAN.
WHO WAS THE PERSON THAT COMMISSIONER BRAGMAN.
WELL, IT'S FOUR 50 ON THE DOT AND I HEREBY ADJOURN THE JANUARY 24TH.