* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.
          [00:00:12]
          ALL RIGHT, I GOT ONE OH ONE. 
          I'M GONNA CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS TO ORDER. 
          STAFF, PLEASE TAKE ROLL. 
          MS. KAPLAN. 
          PRESENT. 
          MR. ALBERT? PRESENT. 
          MR. MACHACA PRESENT. 
          MS. INGLES PRESENT. 
          MS. CRUZ? MR. MANNA PRESENT. 
          MS. BRAGMAN? PRESENT. 
          MR. VASQUEZ? RIGHT PRESENT. 
          MR. TEAL? PRESENT. 
          MR. UNA PRESENT CHAIR ORIAN. 
          AND I'M ALSO PRESENT AS A SPANISH INTERPRETER, UH, READY TO GIVE THEIR PRESENTATION. 
          HELLO. 
          GOOD AFTERNOON. 
          THIS ANNOUNCEMENT IS TO INFORM YOU THAT WE DO HAVE SPANISH INTERPRETATION SERVICES AVAILABLE. 
          IF ANYONE IS NEEDING THESE SERVICES, PLEASE FEEL FREE TO APPROACH THE, THE INTERPRETER'S CABIN LOCATED WHERE THE RED CURTAINS ARE AT, RIGHT NEXT TO THE ENTRANCE. 
          THANK YOU. 
          WE WANNA, ALL RIGHT. 
          IF WE CAN ALL DO THE PLEDGE OF ALLEGIANCE, IT'D BE GREAT PLEDGE ALLEGIANCE. 
          TO THE HONOR OF THE TEXAS FLAG, I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD, ONE INDIVISIBLE STAFF, UH, COMMISSIONER CRUZ HAS JUST ENTERED. 
          ALL RIGHT. 
          BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION. 
          THE FORWARD THE BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE. 
          THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. 
          FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. 
          LASTLY, AS CHAIR WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. 
          WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. 
          THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING, ZONING CODES, AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. 
          THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. 
          WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. 
          SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND THE SAN ANTONIO CITY COUNCIL. 
          THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. 
          WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. 
          WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28.5. 
          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 REQUEST OF RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM 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 THE CASE STAFF. 
          SO STAFF WILL 
          [
Briefing and Possible Action on the following items
 ]
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 
          [00:05:01]
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 AND ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION. 
          YOU WILL BE CALLED AN ORDER THAT YOU SIGNED UP TO SPEAK. 
          THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE, UH, THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. 
          FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF NINE MINUTES. 
          THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK. 
          THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS. 
          THANK YOU, CHAIR. 
          THANK YOU. 
          UH, SO LET'S BEGIN WITH ITEM NUMBER ONE ON THE AGENDA. 
          I UNDERSTAND THEY'RE REQUESTING A CONTINUANCE. 
          GOOD AFTERNOON. 
          KAYLA LEAL WITH THE DEVELOPMENT SERVICES. 
          YES. 
          UH, AGENDA ITEM NUMBER ONE IS CASE BO O A 21 1 0 3 1 8 0. 
          UM, THE REQUEST IS FOR A SPECIAL EXCEPTION TO ALLOW ONE TYPE TWO SHORT-TERM RENTAL. 
          THE APPLICANT IS REQUESTING A CONTINUANCE TO APRIL 4TH. 
          WE DO HAVE A COUPLE PEOPLE SIGN IN TO SPEAK ON THIS ONE TOO. 
          SURE. 
          UH, LET'S START WITH THE FIRST ONE WHO SIGNED UP? LARISSA O'CONNORS. 
          HELLO. 
          IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. 
          MY NAME IS LARISSA O'CONNORS AND I'M A BOARD MEMBER OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION, P O BOX 1 0 0 3 1 5. 
          ZIP CODE 7 8 2 0 1. 
          I WAS GONNA READ A LETTER FROM OUR PRESIDENT, UH, DREA GARZA, CONCERNING THIS MATTER, BUT YOU HAVE IT IN YOUR PACKET. 
          UH, WE JUST WANTED YOU TO KNOW THAT TO DATE WE HAVE NOT HEARD ANYTHING FROM THE APPLICANT. 
          THEY HAVEN'T CONTACTED M M P N A AND LIKE I SAID, WE HAVEN'T HEARD ANYTHING FROM THEM. 
          THANK YOU. 
          THANK YOU. 
          NEXT PERSON I HAVE IS CHARLES O'CONNORS. 
          I'LL WAIT FIVE TIME. 
          THANK YOU. 
          YES, SIR. 
          AND LASTLY, BIANCA MALDONADO. 
          I HAVE MY EXHIBIT, SORRY, I DID PER, UH, PROVIDE THAT'S OKAY. 
          SOME EXHIBITS FOR TODAY. 
          IF YOU COULD JUST, MY NAME IS BIANCA MALDONADO. 
          I RESIDE AT 4 57 KLE DRIVE. 
          I'M A RESIDENT OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION. 
          AND WHAT I'M SHOWING YOU HERE TODAY IS THE APPLICANT WHO CURRENTLY IS ILLEGALLY OPERATING A SECOND SHORT-TERM RENTAL NON-OWNER OCCUPIED ON THE PROPERTY. 
          THEY CURRENTLY HAVE ONE PERMIT FOR ONE KNOWN OWNER OCCUPIED SHORT-TERM RENTAL ON THIS PROPERTY, F ONE. 
          IF YOU'LL NOTICE, GO TO THE NEXT PAGE PLEASE. 
          F TWO. 
          AND HOW DO YOU KNOW THAT THEY'RE AT THE SAME LOCATION? THIRD PAGE, PLEASE. 
          PROPERTY HAS A POOL AND THEY USE THE SAME IMAGES IN BOTH LISTINGS. 
          SO INTERESTING ENOUGH, WHEN SOMEONE COMES TO YOU, AND I WILL TELL YOU OTHER SHORT TERM RENTAL OPERATORS CLUED US INTO THIS BECAUSE THEY ARE THE ONES WHO ARE FOLLOWING THE RULES AND ARE PROPERLY PERMITTED AND PAYING THE HOT TAX. 
          SHAMEFUL THAT SOME PEOPLE ARE NOT AND THEY KNOW BETTER BECAUSE THE OTHER ONE UNIT IS PERMITTED AND HAS BEEN PERMITTED SINCE THE MIDDLE OF LAST YEAR. 
          SO THEY KNOW BETTER. 
          SO THEY'RE COMING AND ASKING YOU FOR, UM, A VARIANCE AND NO ONE IS IN SUPPORT OF THIS VARIANCE. 
          SO I BELIEVE THEIR BEHAVIOR IS INDICATIVE OF WHAT OUR BIGGEST CONCERNS ARE FOR SHORT-TERM RENTALS IN OUR COMMUNITIES FOR RESIDENTIAL, UH, SINGLE FAMILY COMMUNITY. 
          SO I'M HERE AND ASKING FOR YOU TO OPPOSE THIS. 
          I KNOW THEY'RE ASKING FOR ANOTHER CONTINUANCE, BUT LET'S HOPE THAT THERE'S NOT ANOTHER CONTINUANCE IN APRIL BECAUSE TODAY ISN'T A CONTINUANCE ALSO. 
          SO WE DON'T WANNA WASTE YOUR TIME NOR OUR TIME. 
          AND SO THANK YOU FOR YOUR SERVICE. 
          APPRECIATE IT. 
          THANK YOU. 
          MANNA COMMISSIONER MANNA, UM, MS. MALDONADO MALANO. 
          SO DO YOU KNOW IF A, UM, HAS ANY, UM, UM, PERMITS OR, UM, HAS, HAS CODE COMPLIANCE BEEN CALLED WITH REGARDS TO THE SECOND? UM, IT WAS REPORTED IS MY UNDERSTANDING. 
          IT WAS REPORTED. 
          OKAY. 
          OKAY. 
          THANK YOU. 
          THANK YOU. 
          STAFF. 
          UM, HAS THERE, HAS THIS PROPERTY APPLIED FOR HOT TAX OR ANY, CAN YOU TALK ABOUT THE PERMITTING STATUS OF THIS? AN APPLICATION WAS SUBMITTED, UM, IT IS ON HOLD PENDING THE OUTCOME OF THE MEETING, THE BOARD OF ADJUSTMENT MEETING. 
          UM, AND THE CODE VIOLATION INVESTIGATION IS STILL OPEN. 
          DO YOU HAVE ANY DOCUMENTATION THAT THEY ARE IN FACT RENTING THIS OUT? THE ONE THAT THEY'RE ASKING OF THE VARIANCE FOR NOTHING OTHER THAN WHAT WAS SUBMITTED TODAY. 
          OKAY. 
          THANK YOU HUMANA. 
          COMMISSIONER MANA. 
          SO IT'S A QUESTION FOR STAFF AS WELL. 
          SO, SO DO WE KNOW WHEN THEY SUBMITTED FOR THE HOT TAX? WAS IT AFTER THIS CAME, UM, CAME, 
          [00:10:01]
UH, WE WERE MADE AWARE OF IT? OR WAS IT DONE BASICALLY AHEAD OF TIME? THE PERMIT APPLICATION WAS SUBMITTED PRIOR TO THIS, UH, SPECIAL EXCEPTION APPLICATION BEING SUBMITTED AND THE HOT TAX PIECE. 
          SO WAS THAT, SO DO WE KNOW WHEN THAT WAS FILED? UH, THE APPLICATION FOR THE PERMIT AND THE HOT TAX ARE BOTH COMPLETED AT THE SAME TIME. 
          OKAY. 
          CAN YOU, AND CAN YOU ALLUDE ON HOW MANY THIS CASE, HOW MANY TIMES DID THEY REQUESTED A CONTINUOUS, LIKE WHEN DID THIS FIRST APPEAR BEFORE US? DO YOU KNOW? THIS WOULD BE THE SECOND CONTINUANCE THEY'RE REQUESTING TODAY. 
          OKAY. 
          THANK YOU . 
          UH, A QUESTION, A QUESTION. 
          IS IT, IS THERE A SPEC, A SPECIFIED NUMBER OF CONTINUANCES THAT AN APPLICANT IS, UH, IS AUTHORIZED? UH, AN APPLICANT CAN REQUEST AS MANY CONTINUANCES. 
          UM, IT'S UP TO THE BOARD TO MAKE THEIR DECISION ON WHETHER IT'S GRANTED OR NOT. 
          THANK YOU. 
          MANNA COMMISSIONER MANNA. 
          SO THIS, AGAIN FOR STUDY STAFF. 
          UM, SO, SO IF THEY'RE STILL ADVERTISING OR, OR IS THERE ANYTHING THAT BE SAID WITH REGARDS TO THEM CONTINUING TO ADVERTISE THAT THERE'S OPEN SPACE HERE, UH, FOR A SECOND UNIT ON THIS? SO ULTIMATELY THE GOAL IS ABOUT COMPLIANCE. 
          UM, SO, UM, JUST LIKE WITH ANY ZONING ISSUE, UM, WE, WE UNDERSTAND THAT THERE'S SOME PEOPLE THAT OPEN UP BUSINESSES OR, UH, DO, UH, WORK WITHOUT PERMITS. 
          AND AGAIN, ULTIMATELY IT'S ABOUT COMPLIANCE. 
          WE DON'T SHUT PEOPLE DOWN. 
          UH, BUT WE WANNA SEE THAT THEY'RE GOING THROUGH THAT PROCESS IN ORDER TO MAKE SURE THAT THEY COME INTO COMPLIANCE. 
          UM, IN, IN THIS CASE, IT IS ABOUT COMPLIANCE. 
          YES, THEY HAVE, UM, REQUESTED ANOTHER CONTINUANCE. 
          UH, WE ALWAYS RECOMMEND TO THE BOARD THAT, UM, THE APPLICANT BE GIVEN, UH, THE TIME TO STATE THEIR CASE, UH, IN ORDER TO BE, TO BE CONSIDERED. 
          BECAUSE AGAIN, THESE GO TO DISTRICT COURT, UH, AS AN APPEAL. 
          SO IF, UH, THE BOARD OF ADJUSTMENT MAKES A DECISION, UH, THEN IT IS APPEALED TO DISTRICT COURT AND WE DON'T WANNA PUT OURSELVES AT RISK IF THE, IF THE APPLICANT HAS NOT, UM, MADE THEIR STATEMENT. 
          HOWEVER, FOR THIS, WE WILL MAKE SURE THAT CODE ENFORCEMENT, UM, IS, IS OUT THERE ON THEM BECAUSE AGAIN, WE ALSO WANT THEM TO, UH, SHOW THAT THEY ARE BEING GOOD NEIGHBORS AND, AND NOT DOING THE CONTINUING TO DO THE THINGS THAT THEY ARE IN VIOLATION OF. 
          UH, SO WE'LL WORK CLOSELY WITH CODE, WE'LL WORK CLOSELY WITH THE APPLICANT, UH, BECAUSE THEY, THEY, THEY NEED TO SHOW THAT THEY ARE EXTENDING THAT OLIVE BRANCH IF THEY'RE REQUESTING PERMISSION FOR SOMETHING. 
          OKAY. 
          SO, UH, COMMISSIONER BRAGMAN, UM, THE, THE, UM, ONE SHORT TERM RENTAL THAT HAS BEEN GRANTED BY WRIGHT, IS THAT ONE OF THESE TWO? YES, IT'S FOR ONE OF THE UNITS ON THE PROPERTY. 
          OKAY. 
          AND SO THEY ALSO HAVE, THEY ALSO HAVE, UH, REQUESTED OR ACQUIRED, UM, THE HOT TAX PERMIT? YES. 
          IT'S BEEN GRANTED OR IT'S BEEN REQUESTED. 
          IT, A PERMIT HAS ALREADY BEEN GRANTED FOR ONE OF THE UNITS ON THE SUBJECT PROPERTY. 
          OKAY. 
          SO WHAT WE'RE TALKING ABOUT HERE NOW IS THE SECOND ONE THAT NEEDS THE PERMIT AND NEEDS THE VARIANCE. 
          OKAY, THANK YOU CATHERINE. 
          SO I HAVE A QUESTION FOR, SO STAN, HAVE THEY SHOWN ANY PROGRESSION, UH, TOWARDS COMPLIANCE OR, OR, OR WHAT THEY'RE SUPPOSED TO BE DOING SINCE THE LAST TIME THEY WERE HERE? THAT'S WHAT THE, WHY THEY'RE RE REQUESTING THE CONTINUANCE TO BUY SOME MORE TIME TO TRY TO WORK WITH THE NEIGHBORHOOD. 
          OKAY. 
          ALL RIGHT. 
          SO THAT'VE I'VE HEARD WHAT I NEED HERE. 
          IS ANYBODY HAVE ANY OTHER FURTHER QUESTIONS? YEAH, CAP KAPLAN COMMISSIONER. 
          SO LEMME JUST SEE IF I UNDERSTAND WHAT YOU WERE SAYING IS THAT WHILE THEY'RE, WHILE THEY'RE, UM, APPLYING FOR THE VARIANCE, THEY ARE ALLOWED TO RENT THIS OUT. 
          DO, BUT THEY COULD BE, THEY'RE NOT SUPPOSED TO. 
          SO IT WAS OUR UNDERSTANDING THAT THEY WERE NOT RENTING THE SECOND UNIT OUT WHEN THEY STARTED THIS PROCESS THAT THEY WANTED TO. 
          UM, HOWEVER WE ARE ARE NOW SEEING THAT THEY'RE ACTIVELY ADVERTISING IT. 
          I DON'T KNOW IF THEY HAVE RENTED IT OUT SUCCESSFULLY, UM, BUT, UH, BECAUSE THAT IS, UH, BEING ADVERTISED BECAUSE THERE IS TWO UNITS AND WE'D HAVE TO JUST CHECK INTO THAT TO MAKE SURE THAT IT'S NOT ONE OR BOTH. 
          BUT, UH, WE WANT TO BE SURE THAT THEY ARE IN COMPLIANCE WHILE THEY'RE GOING THROUGH THIS PROCESS. 
          UH, SO AGAIN, IF, IF THEY ARE OPERATING ILLEGALLY, IF THEY WERE OPERATING ILLEGALLY PRIOR TO STARTING THIS, UM, WE ADVISE THEM OF WHAT, UH, OF WHAT THE OPTICS OF THAT LOOKS LIKE AS THEY'RE GOING THROUGH THE PROCESS. 
          UH, SO AGAIN, WE'LL, WE'LL ADVISE THEM ABOUT THE OPTICS OF IT AS WELL BECAUSE AGAIN, IT'S, IT'S ABOUT TRYING TO COMPLY AND TRYING TO SHOW, UM, THOSE THAT ARE BEING NOTIFIED OF THIS REQUEST THAT YOU ARE TRYING TO BE A GOOD OPERATOR. 
          UM, BUT IF YOU'RE OPERATING OUTSIDE OF THE, OF THE SCOPE OF WHAT YOU'RE ALLOWED TO DO DOESN'T SHOW VERY GOOD BEHAVIOR. 
          SO WE'LL WORK WITH THEM ON THIS, BUT, UH, ULTIMATELY THEY, THEY SHOULD BE COMPLYING WHILE GOING THROUGH THIS PROCESS. 
          COMMISSIONER 
          [00:15:01]
ALBERT? YEAH, QUESTION FOR STAFF. 
          DO WE HAVE A PRECEDENT FROM THE DISTRICT COURT ON WHAT IS CONSIDERED REASONABLE TIME FOR AN APPLICANT TO RESPOND? NOTHING THAT WE'RE AWARE OF. 
          BRAGMAN. 
          ALRIGHT, COMMISSIONER BRAGMAN. 
          SORRY, ONE LAST QUESTION. 
          UM, ARE SHORT-TERM RENTALS REQUIRED TO RENEW A PERMIT WITHIN A CERTAIN LENGTH OF TIME OR IS IT JUST A A BLANKETS SHORT-TERM RENTAL PERMITS ARE REQUIRED TO BE RENEWED, UM, UPON THEIR EXPIRATION DATE, WHICH IS THREE YEARS OUT FROM WHEN IT WAS ISSUED. 
          AND SO IF THEY RECEIVE COMPLAINTS OR THINGS LIKE THAT, THAT MIGHT WEIGH ON WHETHER THAT PERMIT WOULD BE RENEWED OR NOT. 
          SO THERE'S A COUPLE OF PROCESSES THAT ARE DONE WHEN, UH, PERMITS ARE APPLIED FOR, PERMITS ARE RENEWED. 
          SO FIRST THERE'S THE ADMIN, THE ONES THAT ARE REVIEWED ADMINISTRATIVELY, THE ONES, UH, ALLOWED BY WRIGHT. 
          UM, IN THAT REVIEW WE LOOK AT, UH, THE, THE, UH, THREE STRIKES RULE. 
          IF THEY HAD THREE STRIKES, THEN THEY'RE NOT ELIGIBLE TO RENEW THAT PERMIT. 
          UH, BUT THE THREE STRIKES IS NOT JUST A CALL. 
          THE THREE STRIKES IS ACTUAL CODE ENFORCEMENT ACTIONS THAT RESULT RESULTED IN SOME TYPE OF PENALTY, SOME TYPE OF, OF FINAL ACTION DONE BY THE COURTS. 
          UH, SO THAT'S PART OF THAT PROCESS. 
          AND THEN THOSE THAT HAD A SPECIAL EXCEPTION BEFORE RENEWING THROUGH THIS PROCESS FOR ANOTHER SPECIAL EXCEPTION, THAT CAN BE TAKEN TO CONSIDERATION BY THE BOARD AS WELL. 
          SO THERE'S A, A COUPLE OF, OF AVENUES IN WHICH PERMITS ARE, UH, RENEWED. 
          OKAY. 
          SO MANANA COMMISSIONER MANANA. 
          SO FOR STAFF AGAIN, SORRY. 
          UM, SO, UM, IF, SO, WHEN THEY GO THROUGH AND LOOK AT, WE'LL SAY, UM, INFRACTIONS, IS IT DONE BY OWNER OR BY BY FACILITY ITSELF? 'CAUSE THE OWNER CAN HAVE MULTIPLE FACILITIES AND, AND YOU KNOW, SO, SO HOW'S THAT MANAGED? THE PERMIT IS TIED TO THE UNIT OR THE PROPERTY AND SO IT, IT'S TIED TO THE OPERATOR AND ULTIMATELY TIED TO THE OWNER. 
          SO, BUT IT'S, IT, I MEAN, THE OWNER CAN ALLOW AN OPERATOR TO APPLY FOR THEM. 
          THANK YOU. 
          KAPLAN, COMMISSIONER KAPLAN, WHAT IS THE REASON THAT THEY'RE ASKING FOR THE SECOND CONTINUANCE? FROM WHAT KAYLA MENTIONED, JUST, UH, MORE TIME TO WORK WITH THE NEIGHBORHOOD. 
          'CAUSE THEY DO HAVE THE OPPOSITION THAT THEY HAVE TO WORK ON. 
          COMMISSIONER MINKA? UH, I JUST NEED A LITTLE BIT OF CLARIFICATION ON THE WORD OF ADVICE OF WHEN, UH, CONSTRUCTION IS GOING ON AND SOMETHING NOT GOING RIGHT. 
          WE HAVE A STOP WORK ORDER OR SOMETHING LIKE THAT. 
          ADVICE DO YOU MEAN VERBAL OR IS THERE SOMETHING WRITTEN THAT WE HAVE FOR THE RECORD FOR FUTURE REFERENCE? BOTH LIKE A STOP WORK ORDER NOTICE. 
          UM, A, A VIOLATION NOTICE AND THEN OF COURSE THAT THAT TRIGGERS THEM TO COME TALK TO US TO FIND OUT WHAT'S GOING ON. 
          THANK YOU. 
          OKAY, SO, UM, WE HAVE A REQUEST FOR A CONTINUOUS TILL APRIL 4TH. 
          UM, ANYONE LIKE TO MAKE A MOTION? TEAL COMMISSIONER TEAL, I MOVE FOR THAT. 
          CASE NUMBER BO O A DASH 21 DASH THREE EIGHT IS CONTINUED TO APRIL 4TH. 
          SECOND. 
          ALL RIGHT, WE HAVE A MOTION AND A SECOND, UH, STAFF PLEASE TAKE A ROLL CALL VOTE. 
          UM, IF, IF, UH, THERE'S A COMMISSIONER, I'D LIKE TO MAKE A, UM, ANY DISCUSSION. 
          I'LL GO AHEAD AND BEFORE A VOTE, JUST OPEN IT UP. 
          UH, COMMISSIONER KAPLAN, IS THERE SOMETHING YOU'D LIKE TO ADD? NO. 
          NO, I WAS JUST ASKING, USUALLY YOU HAVE, I KNOW ON CONTINUANCES SOMETIMES I'LL JUST GO STRAIGHT TO A VOTE UNLESS SOMEBODY YOU KNOW WANTS NO. 
          WHO WAS THE SECOND AGAIN? UH, THE SECOND WAS COMMISSIONER MANNA. 
          SO IF YOU COULD TAKE A ROLL CALL VOTE, THAT'D BE GREAT. 
          MR. THI? YES. 
          MR. MANNA? YES. 
          MS. KAPLAN? YES. 
          MR. ALBERT? YES. 
          MR. MACHACA? YES. 
          MS. INGLES? YES. 
          MS. MS. CRUZ? YES. 
          MS. BRAGMAN? YES. 
          MR. VASQUEZ? NO. 
          MR. ZUNA? YES. 
          CHAIR ORIAN AND I VOTE? YES. 
          UH, CASES CONTINUE UNTIL APRIL 4TH. 
          UH, NEXT CASE PLEASE. 
          AGENDA ITEM NUMBER TWO IS CASE BO O A 21 1 0 3 0 0 1 70. 
          THE SUBJECT PROPERTY IS LOCATED AT 1455 WEST VETTE BOULEVARD WITHIN COUNCIL DISTRICT FOUR. 
          THE APPLICANT IS PATRICK CHRISTENSEN AND THE REQUEST IS FOR A HALF STORY VARIANCE FROM THE TWO AND A HALF STORY MAXIMUM TO ALLOW MULTIFAMILY STRUCTURE TO BE THREE STORIES TALL WITHIN THE 50 FOOT RESIDENTIAL SETBACK. 
          [00:20:01]
THE ZONING OF THE PROPERTY IS MF 33 MULTIFAMILY. 
          SO THE SUBJECT PROPERTY DOES ABUT SINGLE FAMILY RESIDENTIAL ZONING. 
          UM, WHENEVER THERE IS A MULTIFAMILY DEVELOPMENT BEING PROPOSED, THAT HEIGHT OF THAT MULTIFAMILY STRUCTURE IS LIMITED TO TWO AND A HALF STORIES. 
          UM, PRIOR TO 2019 CODE AMENDMENTS, UH, THAT MULTIFAMILY ZONING DID ALLOW UP TO 45 FEET IN HEIGHT. 
          UM, THOSE CODE AMENDMENTS DID, UM, IMPACT THE HEIGHT THAT IS PROPOSED WITHIN ANY 50 FOOT RESIDENTIAL, UM, SETBACK FROM A SINGLE FAMILY RESIDENTIAL ZONED PROPERTY. 
          UM, SO THE APPLICANT IS REQUESTING TO BUILD AT 35 FEET, WHICH IS, OR THREE STORIES TALL. 
          THIS IS AN IMAGE OF THE SITE PLAN AND AS WELL AS RENDERINGS THE SUBJECT PROPERTY AND THE SURROUNDING AREAS. 
          STAFF RECOMMENDS DENIAL AND B O A 21 1 0 3 70 BASED ON THE FOLLOWING FINDINGS. 
          ONE, THE PROPOSED MULTIFAMILY STRUCTURE WILL BE THREE STORIES TALL AND TWO, THE ABUTTING RESIDENTIAL STRUCTURE IS RESTRICTED TO TWO AND A HALF STORIES. 
          STAFF MAILED SEVEN NOTICES TO PROPERTY OWNERS WITHIN 200 FEET. 
          ONE WAS RETURNED IN OPPOSITION. 
          AND, UH, THERE'S NO NE REGISTERED NEIGHBORHOOD ASSOCIATION, THE APPLICANT'S PRESENT AND STAFF'S AVAILABLE FOR ANY QUESTIONS. 
          AND JUST A QUESTION, QUICK QUESTION BEFORE YOU GO. 
          UM, WAS THERE ANYTHING DIFFERENT ABOUT THE APPLICATION THAT YOU RECEIVED? UH, FROM THE LAST TIME WE HEARD THIS? UM, NO AMENDMENTS WERE MADE TO THE APPLICATION ITSELF, UM, BUT THERE'S A PRESENTATION. 
          OKAY. 
          THE APPLICANT HAS FANTASTIC, THANK YOU. 
          I HAVE THE APPLICANT'S PRESENT. 
          GOOD AFTERNOON COMMISSIONERS. 
          PATRICK CHRISTENSEN, THREE 10 SOUTH ST. 
          MARY'S, SUITE 2,700. 
          UM, IF YOU CAN PUT MY POWERPOINT ON, I'M GONNA LET THE DEVELOPERS SPEAK MORE TODAY, BUT I SEE WE DO HAVE SOME, A FEW NEW FACES. 
          SO I'D LIKE TO KIND OF GO OVER EVERYTHING, BUT WE DID MAKE SOME, A BIG CONCESSION. 
          UH, ONE OF THE BUILDINGS WILL, WE WILL LIMIT TO TWO STORIES AND 124 UNITS FOR THE ENTIRE PROJECT. 
          SO THAT MEANS THAT MALLY STREET WILL ONLY BE AN EMERGENCY ACCESS GATE AS, UM, WE DISCUSSED, UH, AT THE LAST HEARING. 
          SO SOMALI WILL ONLY BE A EMERGENCY ACCESS. 
          UM, THERE WE GO. 
          SO WHILE WE'RE HERE TODAY, I MEAN, STAFF BASICALLY STATED, UM, WE CAN BUILD A 35 FEET, BUT WE ONLY HAVE TWO AND A HALF STORIES. 
          SO ON OUR NORTHERNMOST BUILDING, WE'RE BASICALLY ASKING IF WE CAN HAVE AN EXTRA HALF STORY AND, AND BUILD A THIRD STORY. 
          NEXT SLIDE PLEASE. 
          AND SO THIS BUILDING WAS REDUCED IN NUMBER OF UNITS WILL ONLY BE THREE STORIES. 
          THIS IS THE BUILDING. 
          WE'RE STILL ASKING FOR AN EXTRA HALF STORY BUILD, BUILD THREE STORIES. 
          NEXT SLIDE. 
          AND THERE WE GO. 
          IS JUST A LITTLE BIT ZOOM IN. 
          SO THIS ONE WILL BE LIMITED TO TWO STORIES. 
          NEXT SLIDE. 
          UM, AND WHAT I'D LIKE TO ALSO KINDA EMPHASIZE TODAY IS, YOU KNOW, I KNOW WE HAVE SOME OPPOSITION FROM THE PROPERTY OVER HERE. 
          UH, WE DID KIND OF REACH BACK AND FORTH TO EACH OTHER. 
          WE TRIED TO SET UP A MEETING, WE COULD NOT GET THAT COORDINATED, UM, IN, IN TIME. 
          BUT ONE THING I'D LIKE TO EMPHASIZE IS THE BUFFER THAT THE CODE REQUIRES IS 50 FEET. 
          UM, WE HAVE A 50 FOOT BUFFER BETWEEN OUR PROPERTY AND THEIR PROPERTY HERE. 
          THIS PROPERTY, THE HOUSE IS ON THE OTHER END ON VETTE STREET AND, UM, 50 FEET WIDE, NOT A VERY BIG PROPERTY, NO STREET. 
          WE DON'T REALLY SEE THAT GETTING DEVELOPED ANYTIME SOON. 
          NOW WE WILL HAVE TO EXTEND THE STREET TO HERE, BUT THIS IS ALL ONE PARCEL OF LAND WITH A HOUSE ON THE OTHER SIDE. 
          SO WE KIND OF FEEL LIKE WE HAVE A BUILT-IN BUFFER. 
          NOW. 
          NEXT SLIDE PLEASE. 
          AND THIS IS KINDA WANTED TO SHOW YOU THE AREA, UM, OLDER, OLD SUBDIVISION. 
          NEXT SLIDE, PLEASE. 
          IT WAS ORIGINALLY PLATTED IN THE, THE 1920S AS AS 10 ACRE LOTS. 
          AND AS YOU CAN SEE FROM THAT PREVIOUS SLIDE, THESE WERE ALL CUT UP INTO NUMEROUS SMALLER LOTS. 
          NEXT SLIDE PLEASE. 
          THAT'S THE SAME. 
          UM, AND THIS IS OUR PROPERTY WITHIN ONE OF THOSE 10 ACRE, 10 ACRE LOTS. 
          NEXT SLIDE. 
          AND THAT'S OUR PROPERTY. 
          OF COURSE, YOU CAN SEE THE SMALLER LOTS, WHAT HAS BEEN DONE KIND OF THROUGHOUT, AND THE LONG SKINNY LOTS THAT HAVE BEEN DONE THROUGHOUT THE NEIGHBORHOOD. 
          NEXT SLIDE. 
          AND I'M GONNA LET, UH, THE DEVELOPERS TAKE OVER FROM HERE, BUT I'LL BE RIGHT HERE IF YOU HAVE ANY QUESTIONS FOR ME. 
          DO Y'ALL WANNA KIND OF COME OVER AND START? GOOD AFTERNOON BOARD. 
          UH, MY NAME IS GILBERT VERA. 
          MY ADDRESS IS 9 9 9 EAST BASSEY ROAD HERE IN SAN ANTONIO, TEXAS, 7 8 2 0 9. 
          MY PARTNER, EFRIN VERA AND I ARE THE DEVELOPERS FOR THE, THE REFERENCE PROPERTY. 
          I ALSO OWN THE SILAS PROPERTY MANAGEMENT THAT CO-OWNS AND MANAGES ROUGHLY OVER 1900 UNITS HERE IN THE CITY OF SAN ANTONIO. 
          AND I'M HERE TO TRY TO ADDRESS SOME OF THE CONCERNS THAT THE NEIGHBORS BROUGHT UP ON OUR JANUARY 24TH MEETING, WHICH I CONSIDER MORE OPERATIONAL OR PROPERTY MANAGEMENT CONCERNS. 
          SOME OF THOSE CONCERNS THAT WERE 
          [00:25:01]
MENTIONED WERE TRASH AROUND THE COMMUNITY, PRIVACY CONCERNS, SECURITY AND SAFETY, AND THE TRAFFIC WITH THE EXTENSION OF MALLY BOULEVARD. 
          MY PARTNER, EFREN, IS GONNA TOUCH A LITTLE BIT MORE ON THE PRIVACY ASPECT OF IT. 
          I'M GONNA FOCUS ON THE OTHER THREE, WHICH I BELIEVE ARE MORE OF THE OPERATIONAL ASPECT. 
          NUMBER ONE IS TRASH. 
          IT'S IMPORTANT TO NOTE THAT WE WILL HAVE THE PROPERTY FULLY STAFFED WITH AN ONSITE OFFICE, ONSITE MAINTENANCE STAFF, POST-DEVELOPMENT, JUST LIKE ANYONE ELSE, OUR I DON'T HAVE ANY SLIDES. 
          UH, SO I, I AM JUST LIKE ANYONE ELSE. 
          OUR NEIGHBORS WILL HAVE ACCESS TO THE OFFICE STAFF. 
          THEY WILL BE ABLE TO SEND MESSAGES, PHONE CALLS, TEXT MESSAGES, GOOGLE MY, MY GOOGLE BUSINESS MESSAGES, FACEBOOK, INSTAGRAM, THE WHOLE WORKS. 
          OR THEY CAN JUST GO OLD SCHOOL AND GO NEXT DOOR AND KNOCK ON OUR DOOR. 
          WE'RE HAPPY TO HEAR THEM OUT AND HAPPY TO ADDRESS THEIR CONCERNS. 
          AND WHAT I'VE DONE IN THE PAST WITH OTHER CONCERNED NEIGHBORS IS THEY'LL HAVE MY CONTACT INFORMATION. 
          IF THEY ARE UNABLE TO ADDRESS ANY OF THEIR CONCERNS DIRECTLY WITH THE ONSITE STAFF, THEY CAN REACH OUT TO ME. 
          AND IF I AM ABLE TO, I WILL DO WHAT I CAN TO MITIGATE THE, THE, THE PROBLEM. 
          AND I AGREE WITH MY NEIGHBORS JUST LIKE THEM. 
          I HATE TRASH. 
          I HATE ABANDONED CARS. 
          I HATE GRAFFITI ON OUR PROPERTIES. 
          I HATE ANY IN THE INCLINATION THAT OUR UNITS ARE PROBLEMATIC OR TROUBLE TENANTS OR TROUBLE UNITS, ANY ON ANY OF OUR PROPERTIES. 
          AND I JUST WANNA MAKE IT CLEAR THAT IT'S SOMETHING THAT WE DO NOT TOLERATE IN ANY OF OUR PROPERTIES THROUGHOUT THE CITY. 
          IF WE COME ACROSS ANY OF THAT INFORMATION, WE ADDRESS IT IMMEDIATELY. 
          THE SECOND TOPIC THAT WAS BROUGHT UP WAS THE TRAFFIC. 
          JUST LIKE THE TRASH WE'RE ALIGNED HERE WITH OUR NEIGHBORS. 
          WE WOULD PREFER NOT TO EXTEND MALI BOULEVARD OUT TO OUR LAND. 
          WE'D PREFER TO KEEP IT THE WAY IT IS AT THE MOMENT. 
          HOWEVER, DURING THE PERMITTING PROCESS, WE WERE REQUIRED BY THE CITY AND SPECIFICALLY THE FIRE DEPARTMENT TO EXTEND IT OUT FOR EASIER ACCESS FOR THE FIRE TRUCKS IN AND OUT OF THE PROPERTY. 
          IT'S ALSO IMPORTANT TO NOTE THAT M BOULEVARD IS A PAPER PLOTTED STREET. 
          IT WILL BE EVENTUALLY DEVELOPED, WHETHER IT'S BY US IN THE NEXT FEW MONTHS. 
          SOME OTHER DEVELOPERS A FEW YEARS FROM NOW, OR THE CITY ITSELF, YOU KNOW, YEARS FROM NOW. 
          IN REGARDS TO SECURITY AND SAFETY. 
          WE TAKE THIS APPROACH. 
          WE ARE MORE PROACTIVE RATHER THAN REACTIVE. 
          AND OUR APPLICATION PROCESS IS VERY DETAILED WITH PRE-SCREENING APPLICANTS THAT COME INTO THE PROPERTY. 
          WE FIND THAT THIS HELPS PREVENT A LOT OF THE SECURITY AND THE SAFETY ISSUES, NOT ONLY AT OUR PROPERTY, BUT WITH NEIGHBORS AND WITHIN THE COMMUNITY. 
          OUR APPLICATION PROCESS ENTAILS THE FOLLOWING CREDIT CHECKS, CRIMINAL BACKGROUND CHECKS, EMPLOYMENT VERIFICATION AND RENTAL VERIFICATION FOR ANYONE OVER 18 THAT WILL BE LIVING ON SITE. 
          AS I MENTIONED EARLIER, WE WILL HAVE A FULL-TIME STAFF ON SITE AS WELL. 
          PART OF THEIR JOB, PART OF THEIR JOB DESCRIPTION IS TO ENSURE THE SAFETY AND SECURITY OF OUR TENANTS. 
          IF THE STAFF SEES SOMETHING, THEY WILL JUMP ON IT TO GET IT ADDRESSED. 
          AND WE FEEL THAT THE, THE A BYPRODUCT OF THAT IS TO HAVE THE NEIGHBORS IN THE COMMUNITY BE JUST SLIGHTLY MORE SAFE, SLIGHTLY MORE SECURE AND SAFE. 
          IN SUMMARY HERE, EFRIN AND I ARE OWNER OPERATORS. 
          WE'RE OWNER DEVELOPERS. 
          WE WILL DEVELOP THIS PROJECT AND WE'RE GONNA STILL BE HERE. 
          WE'RE NOT GONNA HAND THE KEYS OVER TO SOME THIRD PARTY MANAGEMENT COMPANY TO JUST SEE THE PROJECT AND WE'RE GONNA MOVE ON TO THE NEXT PROJECT. 
          THAT'S JUST NOT OUR STYLE. 
          WE HAVE BEEN WORKING WITH THE COMMUNITY. 
          WE WILL CONTINUE TO WORK WITH THE COMMUNITY. 
          WE'LL CONTINUE TO TRY AND WORK WITH THAT LINE OF COMMUNICATION WITH THEM, ER AND I FEEL EXTREMELY PROUD THAT WE ARE DOING SOMETHING TO HELP OFFSET SOME OF THE HOUSING NEEDS IN THAT PART OF TOWN BASED ON OUR CONVERSATIONS WITH PALO ALTO COLLEGE AND TEXAS A AND M. 
          BEFORE I HAND THIS OVER TO EFRIN TO TALK A LITTLE BIT MORE ABOUT THE PRIVACY AND SCHEMATICS OF THE DESIGN, FURTHER ADDRESSING SOME OF THE NEIGHBOR'S CONCERNS, I WANNA SAY THANK YOU. 
          AND I ASK RESPECTFULLY FOR THE APPROVAL OF THIS VARIANCE TODAY. 
          THANK YOU. 
          TAKE OFF MY MASK WHILE THEY'RE PULLING UP THE PRESENTATION FOR THE RECORD, MY NAME IS EFRIN VERA. 
          MY ADDRESS IS 9 9 9 EAST BASSEY ROAD, SUITE 180, BOX FOUR 60. 
          UH, I AM THE ARCHITECT OF RECORD, UM, THE MANAGING PER THE MANAGING PARTNER FOR THE DEVELOPMENT FIRM AND, UM, PART OWNER. 
          UH, BUT FOR TODAY, I'LL PUT ON MY ARCHITECT HAT, UM, AS THEY'RE PULLING UP THE PRESENTATION, SOME OF THE CONCERNS THAT WERE HEARD LAST, UM, CASE HEARING 
          [00:30:01]
WAS THE SPECIFIC LAYOUT OF THE SITE. 
          SO I'LL JUST KIND OF CATCH EVERYONE UP. 
          I KNOW THERE'S SOME NEW FACES IN THE BOARD THAT WEREN'T HERE, UH, LAST TIME. 
          I'LL START OFF WITH THE, THE GENERAL SITE PLAN TO THE RIGHT. 
          UM, LET ME GET THE, IF WE LOOK AT THE FIRST THREE BUILDINGS IN THE FRONT, BUILDINGS, ONE, TWO, AND THREE, THESE WERE PUSHED TO THE LEFT OR THE WEST. 
          UH, BECAUSE THERE IS AN EXISTING HOME HERE, WE DIDN'T WANT TO PUSH THE BUILDINGS TO THAT SIDE. 
          AND THERE'S AN EXISTING, UH, SOME PRETTY LARGE HERITAGE TREES IN THIS AREA THAT WE WANTED TO SAVE. 
          UM, WE'RE ALWAYS WANT TO BE GOOD STEWARDS OF THE LAND. 
          UM, IN ADDITION TO THAT, THERE WAS SOME EXISTING FIRE HYDRANTS, UM, THAT WOULD, UH, WE COULDN'T MOVE OR IT WOULD BE A VERY ASTRONOMICAL COST TO MOVE. 
          SO THIS JUST KIND OF LAID ITSELF OUT FOR THESE BUILDINGS TO BE SHIFTED HERE. 
          AND WHAT THAT CREATED WAS THIS KIND OF S-CURVE ENTRY INTO THE PROPERTY. 
          UM, TRYING, I DON'T WANNA, UH, THE S-CURVE ENTRY INTO THE PROPERTY. 
          AND AS WE MOVE BACK TO THE, THE, UH, TO BUILDINGS FOUR AND FIVE THAT ARE IN THE REQUEST FOR THE VARIANCE, UH, WE CREATED THAT S-CURVE. 
          OUR NUMBER ONE PRIORITY FOR THE SITE IS THE SAFETY OF OUR RESIDENTS. 
          UM, AND WE'RE CREATING THAT S-CURVE KIND OF SLOWS DOWN THE TRAFFIC, UM, IN ADDITION TO THE SPEED BUMPS THAT WE HAVE THROUGHOUT THE SITE. 
          UM, AND AGAIN, TO POINT, THERE WERE SOME GROUPING OF TREES HERE THAT WE DID SAVE IT, YOU KNOW, FURTHER, UM, KIND OF SECURING THE LOCATION OF THIS. 
          AND AS PATRICK STATED, WE DON'T HAVE A RESIDENTIAL HOUSE IN THIS AREA. 
          THAT HOUSE IS FURTHER IN THE FRONT, SO WE'RE NOT ABUTTING TO, UH, A PHYSICAL HOME IN THAT BACK AREA. 
          UH, ON THIS ENLARGED PLAN, WHAT I WANNA POINT OUT IS THIS SPECIFIC DIMENSION HERE, THIS 32 FOOT ONE INCH. 
          IF WE CAN GO TO THE NEXT SLIDE, PLEASE. 
          THANK YOU. 
          UM, I ROTATED THE, THE SCREEN, SO THE BUILDING'S ALIGNED WITH THE ELEVATIONS, BUT HERE'S THIS 30 FOOT, 32 FOOT ONE INCH ON BUILDING FIVE. 
          WHERE I WANNA POINT OUT HERE IS THAT THIS IS THE AREA WHERE WE HAVE BALCONIES OUT OF THE POTENTIAL 72 UNITS BETWEEN THESE, ONLY 12 OF THE UNITS ARE FACING EAST BALCONIES. 
          UM, AND THE CLOSEST HOME IS AT 102 FEET AWAY FROM THIS POINT. 
          UM, UH, ANOTHER THING TO POINT OUT IS, UH, I VERIFIED OUR LANDSCAPE PLANTS AND WE DO HAVE SOME TREES THAT ARE PLANTED HERE. 
          AND IT'S A MIXTURE OF SHROOM, RED OAKS AND, UM, CEDAR ELMS, WHICH ONCE FULLY MATURED GROW TO 40 TO 60 FEET. 
          UM, AND ANOTHER THING I WANNA POINT OUT IS THIS DIMENSION HERE. 
          THIS 25 FOOT DIMENSION DIMENSION WE HAVE, THAT'S FROM THE FINISHED FLOOR TO ABOUT THE AVERAGE HEIGHT OF SOMEBODY FIVE FOOT SIX. 
          UM, IF WE GO TO THE NEXT SLIDE AT 25 FOOT, IT'S A KEY DIMENSION. 
          I TOOK, I WENT TO THE SITE LAST WEEK AND FLEW MY DRONE OUT THERE AND TOOK A SCREENSHOT OF WHAT THE VIEW AT 25 FEET LOOKS LIKE. 
          IT'S ACTUALLY 25.3 HERE. 
          THAT WAS REALLY WINDY THAT DAY. 
          BUT , I TRIED TO KEEP IT AS STABLE AS POSSIBLE. 
          THE 25.3 FOOT, UH, CAN, CAN'T REALLY SEE ANY, YOU SEE A SLIGHT ROOF LINE HERE. 
          UH, ANOTHER THING TO NOTE THAT THIS WAS DURING THE MIDDLE OF THE WINTER WHEN ALL THE TREES HAVE LOST THEIR LEAVES. 
          SO THIS IS A WORST CASE SCENARIO IN THE SUMMER SPRING WHEN THE TREES GET THEIR LEAVES, UH, THE LIKELIHOOD OF BEING ABLE TO SEE DIRECTLY INTO THAT YARD IS VERY UNLIKELY. 
          UH, NEXT SLIDE PLEASE. 
          AND THEN THESE ARE JUST SOME, JUST GENERAL IMAGES OF THE SITE. 
          YOU MAY HAVE THEM IN YOUR PACKAGE. 
          UM, THIS IS GONNA BE A CLASS, A APARTMENT COMPLEX. 
          AND AS MR. CRI CHRISTENSEN, UM, MENTIONED, YOU KNOW, WE'VE BEEN TRYING TO BE GOOD NEIGHBORS WITH THE, UH, WITH THE NEIGHBORHOOD. 
          UH, WE'VE REACHED OUT MULTIPLE TIMES TO THEM. 
          I HAVE THE DATES HERE FROM JANUARY. 
          UH, THEY FINALLY RESPONDED TO US THIS PAST FRIDAY, UH, AT 3:30 PM AND SAID THEY'D GET BACK TO US. 
          THEN THEY RESPONDED ON SUNDAY. 
          THEY WANTED TO SPEAK WITH HIM AT 4:00 PM IN THE AFTERNOON, WHICH MR. CHRISTENSEN RESPONDED, I'D, I'D LOVE TO TALK TO YOU IN THE MORNING. 
          UM, AND I KNOW THAT DENSITY IS BEYOND THE PURVIEW OF THIS BOARD, BUT I THINK WITH, UH, HAVING BUILDING FIVE LIMITED TO THE, UH, THE VARIANCE THAT WOULD PUT OUR, UH, UNITS TO 1 24. 
          SO IN A SENSE, THE BOARD COULD LIMIT THE DENSITY VIA THAT ROUTE, WHICH WE'RE WILLING TO COMPROMISE AND, AND, UH, REDUCE SO THAT WE DON'T HAVE THAT SECONDARY, UH, FIRE ACCESS IN THE BACK. 
          AND THAT'S THE END OF, UH, MY PRESENTATION. 
          OKAY. 
          YOU HERE FOR ANY QUESTIONS? IF WE'RE GONNA HEAR FROM PEOPLE SIGNED UP TO SPEAK AND WE'LL, I'M SURE WE'LL HAVE QUESTIONS, UH, STAFF, ANYONE SIGNED UP OR VOICEMAILS? YES. 
          AND I DO WANT TO CLARIFY, UM, I DID RECEIVE A PETITION THIS MORNING WITH 32 SIGNATURES IN OPPOSITION, AND I JUST, UH, MISSED IT ON THE POWERPOINT. 
          UM, OKAY. 
          ARE THOSE FROM PEOPLE WITHIN 200 FEET OR OUTSIDE? MAYBE A MIX. 
          UM, OKAY. 
          [00:35:01]
YEAH, IT WAS JUST A 32 SIGNATURE PETITION. 
          SORRY. 
          ALL RIGHT. 
          THANK YOU. 
          WE DO HAVE PEOPLE SIGN UP TO SPEAK THOUGH, AND I'M CHECKING TO SEE IF WE HAVE VOICEMAILS. 
          WE DO HAVE TWO VOICEMAILS. 
          SO WE CAN START WITH THE VOICEMAILS. 
          ROLAND? YES, THIS IS A BRIAN FAMILY AND WE'RE CALLING IN WITH REFERENCE TO THE, THE FOLLOWING. 
          THE CASE NUMBER IS B O A DASH TWO ONE DASH 0 3 0 1 7 0. 
          AND THIS IS WITH REGARDS TO THE PROPERTY AT 1455 WEST BILLETTE BOULEVARD. 
          AND WE UNDERSTAND THAT THERE IS A VARIANCE THAT'S BEEN SUBMITTED TO ALLOW FOR A THREE STORY BUILDING TO BE, UH, CONSTRUCTED. 
          UH, THE BARUNA FAMILY OWNS THE PROPERTY ON BOTH SIDES OF THE, UH, REFERENCE PROPERTY. 
          AND WE JUST WANTED TO CALL IN AND LET YOU KNOW THAT WE ARE IN FAVOR OR IN SUPPORT, UH, OF THE GRANTING OF THE VARIANCE. 
          WE THINK THAT THAT PARTICULAR BUILDING, ALONG WITH THE OTHERS, ARE GOING TO BE MAKING AN EXCELLENT, UM, IMPROVEMENT TO THE COMMUNITY AND PROVIDE FOR FIRST RATE, UH, APARTMENT LIVING FOR THE COMMUNITY. 
          SO AGAIN, WE WANT TO CALL IN TO SHOW OUR SUPPORT FOR GRANTING THE THREE STORY VARIANCE THAT IT HAS BEEN SUBMITTED BY, UH, THE SILAS, UH, COMPANY, MORE SPECIFICALLY GILBERT ADA. 
          THANK YOU VERY MUCH. 
          IF YOU NEED TO CALL US BACK, OUR NUMBER IS 2 1 0 3 5 5 2 4 8 9. 
          AND THIS IS MICHAEL GONZALEZ. 
          THANK YOU VERY MUCH. 
          GOODBYE. 
          THIS IS ELIZABETH AND, UH, GEORGE GONZALEZ, UH, ADDRESS 89 30 LIDO AVENUE. 
          AND I DO WISH TO PROTEST FOR THE CASE NUMBER B O A 21 1 0 3 0 0 1 7 0 BUILDING APARTMENTS TOO CLOSE TO A RESIDENTIAL AREA. 
          NOT ONLY WILL IT INCREASE TRAFFIC, IT WILL INCREASE CRIME NOT ONLY TO THEIR RESIDENTIAL AREA, BUT TO THE OTHER RESIDENTIAL AREA THAT ARE CLOSE BY. 
          WE DON'T LIVE TOO FAR FROM THERE, SO, WHICH MEANS YOU'RE GOING TO HAVE THAT TRAFFIC COMING THROUGH OUR NEIGHBORHOOD. 
          UH, YOU WILL HAVE CRIME INCREASE IN OUR NEIGHBORHOOD AND OUR AREA AS WELL. 
          NOW IT'S, UH, THERE'S ALREADY APARTMENTS THAT ARE ON THE OTHER OPPOSITE SIDE OF FOUR 10, WHICH WILL ALRE, THEY'RE ALREADY HOUSING STUDENTS FOR TEXAS AND A AND M. 
          SO I BELIEVE THAT THIS APARTMENT THAT HE IS PROPOSING TO BUILD, UH, WILL NOT BENEFIT ANY UNIVERSITY. 
          IT WILL NOT DEFINITELY, UH, BENEFIT ANY COMMUNITY COLLEGE AND IT WILL NOT BENEFIT THE RESIDENTS IN THE AREA. 
          SO I DO OPPOSE, UM, THIS BILL. 
          THANK YOU FOR YOUR TIME. 
          ALL RIGHT. 
          THAT CONCLUDES THE VOICEMAILS. 
          UM, FIRST WE HAVE LUIS MARTINEZ. 
          IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. 
          THANK YOU. 
          UH, GOOD AFTERNOON. 
          MY NAME IS LUIS MARTINEZ AND I LIVE AT 1927 WEST M UM, I, I JUST WROTE DOWN MY STATEMENT THOUGH. 
          ALTHOUGH WE ARE IN THE CITY LIMITS, WE ARE A RURAL NEIGHBORHOOD. 
          THE INTRODUCTION OF AN APARTMENT COMPLEX WILL DECREASE THE VALUE OF OUR PROPERTY BECAUSE WHEN SUCH A STRUCTURE IS PLACED NEAR THE, THIS QUIET AND RURAL NEIGHBORHOOD WE CURRENTLY ENJOY, ITS APPEAL WILL BE DIMINISHED. 
          IF IT WERE UP TO ME, I WOULD RATHER THE PROPERTY BE, UH, OWNER OCCUPIED SINGLE HOMES. 
          THANK YOU. 
          YVETTE DE LA CRUZ. 
          HI, MY NAME IS YVETTE DE LA CRUZ. 
          I OWN 
          [00:40:01]
THE PROPERTY AT 1922 WEST MALLY, WHICH IS MY FATHER NEXT TO MY FATHER'S HOME, WHICH IS IMPACTED, UM, ON THE MAP WITH THE X AT 1930 WEST MALLY. 
          UM, SO I OWN THE PROPERTY NEXT TO MY FATHER AND LIKE I SAID LAST TIME, UM, IT'S A PROPERTY THAT I PURCHASED WITH HIM IN THE, YOU KNOW, TO HAVE MY LONG LIVING DREAM TO LIVE NEXT TO MY PARENTS. 
          UM, AND JUST, YOU KNOW, GROW MY FAMILY THERE AND BUILD POTENTIALLY A HOME OF, YOU KNOW, HAVING A POOL AND JUST ENJOYING IT WITH MY FAMILY. 
          UM, LOOKING AT IT NOW, I'M REALLY CONSIDERING WHAT ARE THE OPTIONS? UM, I DON'T FEEL PRIVATE IN THE AREA OF, YOU KNOW, US CONSIDERING EXTENDING IT AND POTENTIALLY, YOU KNOW, THE CRIME, YOU KNOW, WHAT IT'S GONNA ENTAIL. 
          YOU KNOW, I HAVE YOUNG CHILDREN, UM, SO I'M JUST REALLY JUST LOOKING AT THIS AS A WHOLE, JUST, YOU KNOW, NOT AS A PROFITABLE THING, UM, BECAUSE THERE ARE, LIKE, UM, THE VOICEMAIL SAID THERE ARE PLENTY OF APARTMENTS, HOMES, UM, APARTMENT HOMES THAT ARE BUILT ON FOUR 10 OFF OF 35 THAT ARE IN THE SURROUNDING AREA THAT CAN SUIT FOR THE HOUSING SUPPORT IF NEEDED. 
          UM, I JUST, YOU KNOW, SPEAKING WITH THE C COMMUNITY, WALKING, KNOCKING ON DOOR BY DOOR IN THE SURROUNDING AREA FROM THE HOMES, NO ONE WAS IN COMMUNICATION THAT THEY WERE GONNA DO THIS BUILD. 
          EVERYONE OPPOSED IT. 
          AND THAT'S WHERE WE GOT THE, THE DOCUMENTATION OF EVERYONE'S SIGNATURE. 
          UM, YOU KNOW, EVERYONE LOVES THE SURROUNDINGS OF IT BEING QUIET, YOU KNOW, PEACEFUL, YOU KNOW, WHO'S GOING IN AND OUT OF THE STREET. 
          UM, YOU JUST FEEL VERY AT HOME. 
          AND WITH THIS, OF COURSE, WE, WE CAN'T STOP THE BUILD OF THE ROAD, BUT WE WOULD JUST LIKE TO KEEP IT THE WAY IT IS, YOU KNOW, NOT HAVING A RESIDENTIAL OF AN INCREASE OF, YOU KNOW, A LARGE AMOUNT OF PEOPLE GOING THROUGH THERE. 
          SO, UM, I JUST HOPE THAT YOU, YOU RESPECTFULLY LOOK AT IT IN THE SENSE OF, YOU KNOW, WOULD YOU WANT A THREE STORY BUILDING NEXT TO YOU? PROBABLY NOT. 
          IT'S JUST PEACE OF MIND PRIVACY FOR YOURSELF. 
          SO THAT'S ALL I HAVE TO SAY. 
          THANK YOU SO MUCH, VIRGINIA ORTIZ. 
          GOOD AFTERNOON. 
          MY NAME IS VIRGINIA ORTIZ AND I LIVE AT 1930 WEST MALI BOULEVARD. 
          UM, THE LAST TIME I WAS HERE, I SPOKE ABOUT WHERE WE LIVED BEHIND APARTMENTS AND IT, UH, IN THE PAST AND IT DID NOT ALLOW PRIVACY TO MY FAMILY AND THE, AND THAT THE TWO STORY, UH, WOULD THROW TRASH INTO OUR YARD, BAGS OF TRASH INTO OUR YARD AND OTHER YARDS NEARBY. 
          UH, DURING THIS PAST TIME WE DID, WE WERE ABLE TO REACH OUT TO 40 FAMILIES IN THE NEIGHBORHOOD. 
          WE, WE RECEIVED OVER 30 SIGNATURES WHO ARE CONCERNED ABOUT THE PRIVACY, THE HIGH TRAFFIC, AND OUR PEACEFUL NEIGHBORHOOD, WHICH WOULD BE NO MORE FOR THIS REASON. 
          THEY OPPOSED THAT THERE'LL BE A THREE STORY TALL BUILDING BE BUILT. 
          UM, THERE'S ALSO, I I, I ALSO WANTED TO MENTION THAT THE PERSON THAT DID AGREE TO WHEN ON THE VOICEMAIL, UH, HE WAS THE MAN THAT OWNED THAT PROPERTY. 
          SO I JUST WANT Y'ALL TO KNOW THAT THE ONE THAT DID CALL IN, UH, HE DID OWN IT PRIOR. 
          HE SOLD IT TO THEM. 
          UM, WE DID AGREE TO MEET WITH THE ATTORNEY ON THURSDAY, NOT FRIDAY LIKE THEY MENTIONED, AND, UH, IT JUST DIDN'T HAPPEN. 
          AND I ALSO RECOMMENDED A MEETING AT 10:00 AM TODAY, AND THAT DIDN'T HAPPEN. 
          UM, HE DID MENTION THAT, THAT, THAT THEY WERE GONNA ELIMINATE SOME UNITS FROM THE LAST TIME ON PAPER. 
          HOWEVER, OUR CONCERN IS A THREE STORY AGAIN, THAT THE, THAT, THAT AS, UH, THAT THE NOTICE WAS MAILED TO US. 
          UH, NEXT TO THAT PROPERTY THERE'S A FIVE ACRE LAND FOR SALE. 
          OUR OTHER LARGE CONCERN IS THAT IF THEY BUY IT OR FUTURE PEOPLE BUY IT, THERE'S GONNA BE THREE STORIES BUILT THERE. 
          SO WE WOULD REALLY LIKE FOR IT TO JUST STAY AT TWO STORIES. 
          SO IT'S GONNA BE A LOT MORE, 
          [00:45:02]
UH, PEOPLE IN THE AREA, UM, FOR THE FUTURE. 
          WE JUST, I JUST ASK FOR IT TO BE DENIED THE THREE STORY. 
          AND, UM, JUST WANNA THANK YOU FOR YOUR ATTENTION. 
          THANK YOU SO MUCH. 
          NEXT WE HAVE JESSE ORTIZ. 
          UM, MY NAME IS JESSE ORTIZ. 
          I LIVE IN 1930 WEST MALI. 
          I LIVE WHERE THE X IS AT. 
          UH, I KIND OF SPOKE MY PIECE THE LAST TIME. 
          MY CONCERN IS THAT THEY'RE USING THOSE 50 FEET LITTLE LOT THAT'S NEXT TO ME. 
          UH, THEY'RE USING IT AS A BUMPER. 
          UM, THEY'RE CONSIDERING THAT LOT TO BE VACANT. 
          UM, YOU KNOW, THEY'RE BUILDING HOUSES. 
          50 FEET IS, I BELIEVE IS STILL ENOUGH FOR IT TO BUILD A HOUSE THERE. 
          SO THEY'RE CLAIMING THAT IT OWNS SEA. 
          I BOUGHT HALF A BY LOT FROM THE NEIGHBOR THAT LIVED ON ETTE, SO I KNOW THAT WE'RE PAYING TAXES, THAT OWNER'S PAYING TAXES ON. 
          EVENTUALLY HE'S GONNA WANNA SELL THAT 50 FEET. 
          SO I DON'T KNOW IF THAT'S GONNA GO LATER INTO THE ORDINANCE ABOUT HOW FAR THEY ARE FROM ME. 
          AND EVENTUALLY SOMEBODY'S GONNA, BECAUSE THEY ALREADY GOT AN OFFER ON ONE OF MY LOTS THAT'S RIGHT NEXT TO ME, THAT MY DAUGHTER WE OWN TOGETHER, THEY WANNA BUY IT. 
          SO EVENTUALLY SOMEBODY'S GONNA BUILD, IF YOU EXTEND THE STREET, THEY'RE GONNA BUILD THERE. 
          SO I DON'T KNOW IF THAT HAS ANYTHING TO DO WITH IT, THAT IT IS GONNA BE ALL RIGHT FOR THEM TO DO SOMETHING THERE OR BECAUSE THEY DON'T OWN THAT PIECE OF 50 FEET, BUT THEY'RE USING IT AS A BUMPER. 
          UH, MOTHER CONCERN IS THE STREET, UH, MORE TRAFFIC. 
          MY KIDS PLAY ON THE STREET. 
          MY GRANDKIDS, UH, WHEN THEY REPAIRED OUR STREET, THEY DIDN'T, THEY DIDN'T FINISH OUR SIDEWALKS. 
          THEY, UH, AND I TALKED TO THE GUY THAT WORKS FOR THE CITY. 
          OH, THAT'S NOT IN OUR BUDGET. 
          WE DIDN'T HAVE ENOUGH MONEY TO CONTINUE OUR SIDEWALKS. 
          SO WHEN THE EXTRA TRAFFIC, THAT MEANS THAT WE HAVE MORE CHANCE OF GETTING RAN OVER OR HIT OR WHATEVER. 
          'CAUSE WE, WE USUALLY USE THE STREET TO GO TO OUR MAILBOX, PUT OUR TRASH OUT. 
          WE DON'T HAVE A SIDEWALK. 
          UM, I KNOW THAT THE CITY USUALLY USES, WHEN SOMEBODY BILLS SOMETHING, THEY MAKE THEM PAY FOR CERTAIN THINGS. 
          UM, I THINK THAT THEY ALSO SHOULD CONNECT THE WHOLE STREET. 
          I KNOW THAT WE CAN'T STOP THE GROWTH AND ALL THAT , BUT, UH, THE CITY OUGHTA EITHER PICK UP THE EXPENSE OF FINISHING THE STREET OUT. 
          IT'S BEEN A DIRT ROAD BEFORE WE USED TO DRIVE DOWN IT AND TURN BACK OR WHATEVER, AND NOW IT GOT BLOCKED OFF THE CITY. 
          DON'T MAINTAIN IT NO MORE. 
          UH, BUT IF THEY'RE GONNA BUILD IT, THEN I, I BELIEVE THE CITY SHOULD MAINTAIN THE STREET OR CONTINUE THE STREET ALL THE WAY THROUGH. 
          AND IT WOULD BE BECAUSE WE, THEY JUST BUILDING A BRAND NEW CHURCH AT THE OTHER END OF IT. 
          AND I KNOW THEY'RE GONNA HAVE TROUBLE GETTING OUT AND WE'RE GONNA GET MORE TRAFFIC, WHICH IS FINE. 
          I MEAN, IT'S A CHURCH. 
          I, I, I DON'T, I DON'T OBJECT TO THE CHURCH, YOU KNOW, I, I LOVE, I LOVE MY GOD. 
          SO, UH, THAT'S REALLY MY CONCERN AND, AND MY REALLY IS THAT THAT BUMPER THAT THEY SAY AND THERE'S THERE THAT NOBODY'S EVER GONNA BUILD. 
          YOU KNOW, THEY'RE BUILDING HOUSES EVERYWHERE, EVERYWHERE. 
          I MEAN, PEOPLE FIND A LITTLE LOT AND THEY'LL BUILD SOMETHING AND IS THAT GONNA BE IN THE ORDINANCE LATER ON WITH THEM, OR, OH, IT'S TOO LATE. 
          THEY ALREADY BUILT THE APARTMENT, SO WE JUST GONNA BUILD, YOU KNOW, YOU GOT WHAT YOU GET, YOU KNOW? UM, SO IT'S JUST MY CONCERN AND I KNOW THAT WE CAN'T STOP IT ALL THE WAY, BUT, BUT WHAT WE CAN DO, WHATEVER WE CAN DO FOR OUR COMMUNITY, WE'RE THERE. 
          AND SLOW DOWN THE TRAFFIC A LITTLE BIT. 
          OKAY. 
          THANK YOU. 
          THANK YOU. 
          AND THE LAST PERSON SIGNED UP IS ISAIAH BANTA. 
          GOOD AFTERNOON TO EVERYONE. 
          MY NAME IS ISAIAH BANTA. 
          UM, I'M JUST HERE AS A ORGANIZER FROM COBB METRO TO MAKE SURE THAT, YOU KNOW, HELPING PEOPLE HERE THAT THE COMMUNITY IS HEARD. 
          UH, THEY WORKED REALLY HARD TO TALK TO OVER 40 DIFFERENT HOMES, UH, GOT 33 SIGNATURES, AND I THINK THAT THOSE SHOULD BE TAKEN INTO CONSIDERATION AND TAKEN SERIOUSLY. 
          THANK YOU. 
          I YIELD MY TIME TO WHOEVER COMES NEXT. 
          ALL RIGHT, THANK YOU. 
          SO WITH THAT, UH, WAS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT OR ANY OF THE, UH, PEOPLE SIGN UP TO SPEAK MANNA? MANNA? SO THIS IS FOR THE, UH, APPLICANT. 
          AND SO, SO ONE OF THE THINGS, SO I DON'T KNOW WHICH, UM, SO THE QUESTION IS, IS REALLY THE, THE, THE LANDSCAPE BUFFER. 
          AND SO, SO, YOU KNOW, IT WAS OBVIOUS THAT, YOU KNOW, YOU'RE LOOKING AT THREE TREES, BUT ON THE SIDE VIEW THAT YOU HAD, IT SHOWED WINDOWS FACING OUT AS WELL. 
          AND SO, UM, SO IT'S, YOU KNOW, HONESTLY LOOKED SKIMPY FROM MY PERSPECTIVE, YOU KNOW, FOR THE, FOR THE ADJOINING LOT. 
          UM, AND ALSO 
          [00:50:01]
AS A COMMENT, I DO AGREE WITH THE, UM, UH, ONE OF THE CITIZENS HERE WITH REGARDS TO COUNTING THE PROPERTY NEXT DOOR IS BUFFERED. 
          UH, NO, THAT'S NOT GONNA FLY, YOU KNOW, FOR AT LEAST, AT LEAST FROM MY PERSPECTIVE, YOU KNOW, SO, SO, SO, UM, SO I GUESS, SO IF YOU COULD ADDRESS THE LANDSCAPING PIECE, THAT'D BE APPRECIATED. 
          THE LANDSCAPING PIECE ON THAT SIDE. 
          UM, IF YOU'RE REFERRING TO THE, THE EAST PORTION WHERE THOSE TREES WERE, UM, AGAIN, THOSE, THOSE TREES ACT AS TWO. 
          UM, UM, WELL ONE, THE, THE SCHUMER OAKS AND THE CEDAR WEST ELM ARE ENORMOUS TREES. 
          ONCE THEY ARE FULLY MATURED AND THEY PROVIDE, UH, SUNSCREEN FOR THOSE UNITS AND THE, THE PRIVACY, UH, BUT THEY'RE, THEY'RE PRETTY BIG TREES ONCE MATURED. 
          UM, BUT JUST TO NOTE, FULLY MATURE, I KNOW TAKES A, A VERY LONG TIME. 
          UM, BUT THAT 25 FOOT DIMENSION IS REALLY WHERE THE TREE WOULD, AND THAT WOULD ONLY TAKE A, A FEW YEARS, FIVE TO 10 YEARS FOR THAT TO REACH THAT HEIGHT. 
          AND I GUESS MY QUESTION WOULD BE IS, UM, WHY IS IT THAT YOU CAN'T HAVE MORE OF THOSE, UM, OAKS, UH, ALONG THE REST OF THAT, THAT, UH, THAT, THAT LINE THERE? UH, WE ABSOLUTELY, WE ABSOLUTELY COULD PROVIDE MORE. 
          UM, THESE WERE BASED ON THE, UM, I GUESS THE, THE TALKS THAT WE HAD WITH THE CITY. 
          AND SINCE WE DIDN'T TEAR DOWN AS MANY TREES OR CUT DOWN, UH, FOR THE TREE MITIGATION, UM, WE JUST PLACED THEM WHERE, UH, THEY WOULD PROVIDE SOLAR SCREENING AND HELP THE, THE PROPERTY IN THAT REGARD. 
          OKAY. 
          THANK MENCHACA. 
          COMMISSIONER MENCHACA. 
          UH, I HAVE A QUESTION IN TERMS OF THE BUFFER AREA WHERE THE TREES ARE OR, OR ANY OF THEM, LIKE HERITAGE TREES THAT THEY WOULD NOT BE CUT DOWN OR SOMEBODY SHOULD BUY THAT LAND, THEY WILL CLEAN OUT THE LOT COMPLETELY FOR THE 50 FOOT BUFFER? YES. 
          I'M, I'M NOT SURE WE DID THE, THE TREE MITIGATION, I MEAN THE, UM, TREE SURVEY ON OUR PORTION AND THEY STOPPED AT THE PROPERTY LINE, UNFORTUNATELY. 
          BUT I WILL SAY THAT THE, THE TREES THAT WE'RE, WE WERE ABLE TO SAVE ON OUR LOT. 
          THERE WERE SOME REALLY BIG MESQUITES, UH, HERITAGE TREES AND, UM, CEDARS, UM, UM, SORRY, NOT CEDAR, THE OAK TREES THAT WE WERE ABLE TO SAVE. 
          SO THAT, THAT'S WHAT REALLY DICTATED THE, THE LAYOUT OF THE SITE. 
          UH, BUT UNFORTUNATELY FOR THE 50 FOOT BUFFER, I'M, I'M NOT TOO FAMILIAR WITH WHAT TREES ARE IN THAT AREA. 
          OKAY. 
          THANK YOU. 
          MM-HMM. 
          . 
          ALRIGHT. 
          ANY VASQUEZ, COMMISSIONER VASQUEZ, AND THEN A ZUNA? YES, I, I HAVE A QUESTION FOR THE STAFF. 
          ARE THERE OTHER, UH, UH, THREE STORY BUILDINGS IN, IN, IN THE VICINITY, A REASONABLE OCCI VICINITY OF, OF, OF THE PROPOSAL? MAYBE THE APPLICANT CAN ALSO CHIME IN, BUT WE CAN ALSO PULL UP GOOGLE. 
          UM, SO A, AGAIN, A THREE STORY MEASUREMENT IS, CAN ONLY BE TAKEN IN FROM THE INSIDE. 
          SO, UH, ALL BUILDINGS INCLUDING, UH, THE RESIDENTIAL HOMES THAT ARE, UH, CURRENTLY, UM, WITHIN THIS BLOCK ARE ALLOWED A MAXIMUM HEIGHT OF 35 FEET. 
          SO, UM, THE TWO AND A HALF STORY AGAIN IS, IS FROM THE, IS THE MEASUREMENTS FROM THE INSIDE. 
          YOU CAN'T TELL FROM THE STREET IF IT'S TWO AND A HALF OR THREE STORIES. 
          UM, SO AGAIN, WHETHER IT'S TWO AND A HALF OR THREE STORIES, THE MAXIMUM HEIGHT WOULD BE 35 FEET. 
          SO IF THEY BUILT IT AT TWO AND A HALF STORIES, THEY COULD BUILD IT TO 35 FEET. 
          THE HOUSE NEXT DOOR CAN ADD ON AND THEY CAN BUILD TO 35 FEET. 
          UM, SO HE'S DOING A GOOGLE VIEW RIGHT NOW. 
          I MEAN, WE SEE A COUPLE OF WHAT COULD BE AT LEAST TWO STORY HOMES A ALONG THERE. 
          UM, BUT AGAIN, WHETHER OR NOT THEY WERE BUILT AT 35 FEET, WHICH THIS PROJECT WOULD ALSO BE ALLOWED, UH, IT, WE, YOU'D HAVE TO DO AN ON THE GROUND MEASUREMENT. 
          OKAY. 
          BRAGMAN, OOPS, SORRY. 
          UM, WE GOT COM AFTER IF COMMISSIONER VASQUEZ, DO YOU STILL HAVE ADDITIONAL QUESTIONS? I HAD A PROBABLY A FOLLOW UP. 
          PLEASE GO AHEAD. 
          AND, AND, AND I WAS GOING TO SAY OBJECTION. 
          OH, MICROPHONE. 
          YEAH, THE OBJECTION IS, UH, IS THAT THE, THE, THE FOLKS THAT LIVE ALONG, YOU KNOW, IN THE VICINITY OF A THREE STORY BUILDING, THEY'RE COMPLAINING ABOUT LACK OF PRIVACY AND THAT THAT CAN BE PRETTY THREATENING TO, TO THE PEACE AND QUIET OF THE, OF THE NEIGHBOR. 
          AND, AND SO THAT'S WHY COME, I WANTED TO KNOW IT WAS NOT THE, THE HEIGHT, BUT THE, THE PRIVACY THING. 
          SO AGAIN, JUST KEEP IN MIND THE PROPERTY IS ZONED MF 33, A MULTI-FAMILY PROJECT IS ALLOWED BY RIGHT AND WILL HAPPEN ON THIS PROPERTY. 
          UM, SO RIGHT NOW ALL THEY'RE TALKING ABOUT IS BEING ABLE TO, UM, HAVE THE FINISH OUT INSIDE THE BUILDING AT THREE STORIES VERSUS TWO AND A HALF STORIES. 
          SO A HEIGHT OF 35 FEET WILL HAPPEN REGARDLESS OF WHETHER OR NOT THEY GET A THREE STORY, UH, A THREE STORY VARIANCE TODAY. 
          UM, AND AGAIN, THEY ARE PERMITTED BY RIGHT TO ADD ON TO 35 FEET AS WELL THESE HOMES. 
          SO WHETHER THEY ARE BUILT, NOT BUILT LIKE THAT TODAY, THEY MAY, THEY COULD BE BUILT LIKE THAT TOMORROW. 
          [00:55:01]
UH, SO AGAIN, THE 35 FEET IS APPLICABLE TO ALL OF THESE PROPERTIES ALONG THIS, ALONG THE STREET. 
          IF, IF I MAY ADD TO THAT RESPONSE, HOLD ON A SECOND, SIR. 
          UM, I, I'M, I'M HEARING A LOT OF, OF TERM AND TERMINOLOGY, UH, GOING BACK AND FORTH AND, AND I'M, I'M GONNA PROVIDE SOME CLARITY TO THIS AND THEN WE'LL GO BACK TO THE QUESTIONS. 
          SO YOU'VE HEARD BUFFER AND THE NEIGHBORING HOME, BUT THAT HAS NOTHING TO DO WITH THIS PROJECT. 
          IT WAS SIMPLY SOMETHING THAT WAS BROUGHT UP BY THE APPLICANT THAT THERE, THAT THERE IS, UM, UM, KIND OF LIKE A, A DEFACTO BUFFER, BUT IT DOESN'T COUNT 'CAUSE IT'S NOT ON HIS PROPERTY. 
          UH, THE SECOND ITEM IS, UM, THE TWO AND A HALF VERSUS THREE STORIES. 
          IT'S, THEY CAN STILL HAVE BALCONIES, THEY CAN STILL BE AT 35 FEET. 
          IT IS SIMPLY WHETHER IT'S THE PERCENTAGE OF THE SQUARE FOOTAGE OF WHAT YOU WOULD PERCEIVE TO BE AT THAT HEIGHT, THAT CAN BE BUILT OUT. 
          THAT'S ALL WE'RE DOING ON ONE BUILDING IN THE BACK CORNER. 
          THAT'S THE ONLY PART OF THIS DISCUSSION. 
          UH, SO I JUST WANNA MAKE SURE EVERYONE'S CLEAR ON THAT. 
          UH, AND STAFF, CAN YOU, WE'VE HEARD, UH, TESTIMONY ABOUT THE NUMBER. 
          CAN YOU PLEASE SAY, TELL THE BOARD WHAT THE MAXIMUM UNITS THEY CAN DO BASED ON THEIR ACREAGE AND THEN HOW MANY THEY'RE, THEY'RE PROPOSING TO DO, JUST SO WE CAN GET AN IDEA OF WHERE THEY LIE IN THAT, IN THAT SPECTRUM. 
          SO IT ZONED MF, WAIT, SO IT ZONED MF 33. 
          WHAT'S THE ACREAGE? SORRY, YEAH, WHAT IS THE ACREAGE? IF YOU CAN CONFIRM THE ACREAGE. 
          IT'S FOUR, 3.99 AND THREE POINT. 
          SO AT FOUR YOU, YOU CAN DO 142 UNITS AND YOU'RE PROPOSING HOW MANY UNITS SIR? UH, 1, 1 24. 
          OKAY. 
          SO THEY'RE DOING UNDER WHAT THEY COULD MAXIM, UH, YOU KNOW, GET, UH, MAX OUT AT. 
          SO WITH THAT, I'M GONNA TURN THIS BACK OVER TO COMMISSIONER VASQUEZ. 
          HE HAD THE FLOOR AND THEN IT'S GONNA GO TO A ZUNA, UH, COMMISSIONER VASQUEZ. 
          UH, YES, I HAVE ENDED WITH QUESTIONS. 
          THANK YOU, SIR. 
          THANK YOU COMMISSIONER ZUNA. 
          THANK YOU. 
          AND MY QUESTION WAS SIMPLY TO SUMMARIZE KINDA THE SITE CHANGES THAT YOU'VE MADE SINCE THE LAST TIME YOU MADE, UH, THE PRESENTATION AND THEN SPECIFICALLY LIKE THE DENSITIES. 
          'CAUSE ONE THING WE TALKED ABOUT LAST TIME WAS, UH, HOW SOME OF THIS, UH, VARIANCE RE REQUIRE SUCH THE ORIGINAL KIND OF RESTRICTION WAS, WAS ONE, ONE WAY THEY'RE GONNA TRY TO CONTROL DENSITY AND WHICH YOU WERE ADDRESSING BY DOWNSIZING. 
          SO, UH, LEAVE IT UP TO YOU TO KIND OF EXPLAIN THE, THE CHANGES CYCLE. 
          YEAH. 
          UM, I WENT BACK AND, AND SAW OUR LAST MEETING SEVERAL TIMES TO JUST KIND OF ANSWER SOME OF THE QUESTIONS, THE PENDING QUESTIONS. 
          AND ONE OF THEM WAS THAT HIS, UH, COMMENT WAS MADE BY STAFF ABOUT THE, THAT THE BOARD OF ADJUSTMENTS HAS NO PURVIEW FOR DENSITY. 
          'CAUSE WE CAN BUILD UP TO THE AMOUNT OF UNITS THAT CHAIR ORIAN HAS STATED, BUT IN A WAY, UH, TO HELP MITIGATE THAT WE'RE COMPROMISING BY JUST, UM, SUGGESTING A VARIANCE FOR BUILDING FIVE, WHICH WOULD CAP US OUT AT 124 UNITS. 
          SO IN A WAY IT'S KIND OF, THE BOARD KIND OF HAS THAT CONTROL. 
          AND THEN THE CHANGES TO THE SITE PLAN FOR THE LAST TIME YOU WERE HERE, UM, THE CHANGES TO THE SITE PLAN, UM, THERE WE'RE NO CHANGES OTHER THAN, UM, I IT WAS MORE, THIS WAS MORE OF EXPLAIN THE FIRST TIME OF, I THINK THE, THE FIRST TIME AROUND WE WERE FOCUSING ON BUILDING FOUR AND FIVE AND JUST IGNORING 1, 2, 3. 
          BUT THEY, THOSE HAD, UM, DIRECT, UH, I GUESS INFLUENCE IN HOW WE LAID OUT THE PROPERTY IN THE BACK. 
          OKAY. 
          THINK, I THOUGHT YOU MOVED THE, UH, YOU FLIPPED KIND OF THE, THE SITE PLAN TO HAVE THE, THE FRONT UNITS MORE TO THE, TO THE WEST PROPERTY LINE, I GUESS? YES. 
          IS THAT, WELL, NO, THAT, THAT WAS THERE, UH, THE PREVIOUS TIME I JUST, I, I GUESS LAST TIME I DIDN'T EXPLAIN IT HOW THERE WAS A, A UNIT TO THE EAST OF THAT AND WE WANTED TO RESPECT THAT EXISTING STRUCTURE, UM, COMPARED TO, NO, NO IMMEDIATE STRUCTURE IN THE BACK IN THAT 50 FOOT. 
          OKAY. 
          THANK YOU. 
          UH, AFTER BRAGMAN KAPLAN. 
          OKAY. 
          COMMISSIONER BRAGMAN, I WITHDRAW. 
          OKAY. 
          COMMISSIONER KAPLAN. 
          OKAY, I JUST, UH, IF YOU DON'T GET THE VARIANCE, WHAT WOULD BE THE HARM TO THE DEVELOPMENT? SINCE YOU CAN BUILD 142 UNITS AS OF RIGHT AND YOU'RE PLANNING 124, WHAT WOULD BE THE HARM WITHOUT THE VARIANCE? MM-HMM. 
          . 
          SO AS OF NOW WITH THE TWO STORIES, IF ALL UNITS WERE TWO STORIES, WE ARE LIMITED TO 108 UNITS. 
          UM, SO FROM A FINANCIAL STANDPOINT, UM, THAT WOULD BE, UM, I GUESS A HARDSHIP. 
          UM, AND ALSO, UM, I, I KNOW WE'RE ALLOWED TO DO THE TWO AND A HALF STORIES, BUT UH, IF I CAN JUST KIND OF EXPLAIN A LITTLE BIT MORE. 
          THE TWO AND A HALF STORIES WOULD BE BASICALLY TWO STORY UNITS ON THAT SECOND FLOOR, AND THAT WOULD INCREASE THE SQUARE FOOTAGE OF THOSE UNITS IN THE MARKET. 
          THERE IS NO DEMAND FOR THAT SIZE OF UNIT IN THAT AREA. 
          UM, BY ALLOWING THAT EXTRA HALF STORY, WE'RE ABLE TO PUT AN ADDITIONAL FLOOR OF UNITS WHICH WOULD INCREASE THAT AMOUNT. 
          AND THE, THE SPREAD ON THAT WOULD BE, UM, STUDIOS, ONE BEDROOMS, TWO BEDROOMS AND THREE BEDROOMS. BUT THE, YOU KNOW, TO ANSWER YOUR ORIGINAL QUESTION, IT'S THE, THE, UM, THE AMOUNT OF UNITS THAT ARE ALLOWED ON THE SITE WITH THE TWO STORY RESTRICTION. 
          [01:00:04]
OKAY. 
          UH, ANYONE ELSE? HUMANA COMMISSIONER, MANNA. 
          SO, SO I GUESS I, SO I WAS GOT A LITTLE CONFUSED HERE 'CAUSE YOU'RE THROWING SOME NUMBERS OUT. 
          SO 108 UNITS IS PRETTY MUCH, IF, IF NO CHANGE IS MADE, THAT'S THE MOST YOU PROBABLY COULD PUT ON THAT PROPERTY SIMPLY BECAUSE OF THE SETBACKS AND EVERYTHING ELSE. 
          CORRECT. 
          AND, AND SO YOU'RE LOOKING FOR THIS SO THAT YOU CAN ADD, UM, ANOTHER, I GUESS WHATEVER, 16 UNITS, THE MATH IS 16, 16 UNITS. 
          UM, IS, IS WHAT WE'RE REALLY TALKING ABOUT IS THE ADDITION OF THE 16 UNITS, UH, BY ADDING THAT EXTRA FLOOR, RIGHT? YES, SIR. 
          OKAY. 
          SO, SO YEAH, JUST SO JUST CLARIFY WHILE IT IS THAT WE SAY THAT PUT 142, IT WOULD BE PHYSICALLY IMPOSSIBLE TO DO SO WITH ALL OF THE OTHER, UH, UM, SETBACKS AND EVERYTHING ELSE, BUT REALLY A HUNDRED A IS PROBABLY WHAT YOUR MAXIMUM COULD BE, RIGHT? CORRECT. 
          OKAY. 
          AND THEN, UM, SO THIS QUESTION'S FOR STAFF. 
          SO ONE OF THE QUESTIONS HERE IS IT TALKS ABOUT THE 50 FOOT SETBACK. 
          AND SO, UM, SO, AND IT'S NOT REALLY, YOU KNOW, I DON'T SEE REALLY PART OF THAT DIALOGUE. 
          AND SO THEY'RE ASKING FOR 20 FOOT. 
          UM, AND SO IS THERE SOMETHING THAT KEEPS THEM FROM GOING TO ZERO, UM, WITH REGARDS TO THAT SETBACK IN THIS DIALOGUE? IS IT THE REAR SIDE, UH, SETBACK OR THE SIDE SETBACK YOU'RE TALKING ABOUT? UM, IT SAYS, WELL, IN THE, UH, READING HERE, IT SAYS WITHIN THE, UH, 50 FOOT RESIDENTIAL SETBACK. 
          SO IT, IT'S A 50 FOOT MEASUREMENT FROM THE PROPERTY LINE, UM, IN WHICH THEY ARE RESTRICTED TO THAT TWO AND A HALF STORY. 
          UM, SO THEY'RE ALLOWED TO BUILD WITHIN THAT 50 FEET AS LONG AS THEY COMPLY WITH THE REQUIRED SETBACKS THAT THEY HAVE TO MEET TYPICALLY FIVE FOOT SIDE, 20 FOOT REAR. 
          UM, BUT THERE ARE RESTRICTED TO A CERTAIN HEIGHT WITHIN THAT 50 FEET. 
          SO IT'S NOT A, IT'S NOT A SETBACK PER SE THAT YOU CAN'T BUILD ON. 
          IT'S JUST A MEASUREMENT IN WHICH YOU HAVE A RESTRICTION ON. 
          OKAY. 
          AND THEN, UM, CAN, SO, SO WHILE IT IS THAT THIS IS A, UM, UH, MF 33, UH, ABUTTING A RESIDENTIAL, THERE REALLY IS NO LANDSCAPING BUFFER REQUIREMENTS, UM, PER SE, UH, BETWEEN THOSE TWO ADJOINING PROPERTIES, CORRECT? ABUTTING PROPERTIES? THAT'S CORRECT. 
          'CAUSE IT'S RESIDENTIAL TO RESIDENTIAL, WE DON'T REQUIRE LANDSCAPE BUFFERS BETWEEN HOUSES. 
          AND SO I GUESS A QUESTION, WELL, AND SO, UH, CAN THE APPLICANT AMEND IT SO THAT THEY DO INCLUDE IT? UM, SO TO ACTUALLY, UH, SAY THAT THEY'RE ACTUALLY LOOKING TO COMPLY WITH, SAY, ONE OF THE MORE RESTRICTIVE ZONING, CAN THEY AMEND THEIR APPLICATION FOR THAT? WELL, UM, AGAIN, WHAT YOU'RE CONSIDERING IS JUST THE HALF STORY, UM, UNDERSTOOD. 
          BUT, BUT, BUT PART OF THE DIALOGUE, I MEAN, THE WHOLE DIALOGUE HERE IS, YOU KNOW, IS, IS THE, UH, BY THE NEIGHBORS IS, YOU KNOW, THIS WHOLE DIALOGUE ABOUT, YOU KNOW, BEING ABLE TO SEE, AND YOU KNOW, I GUESS LOOKING OVER THE, THE EXISTING TREES. 
          AND SO I GUESS THAT'S WHY I WAS ASKING THE QUESTION. 
          SO IT, IT WOULD BE ABOUT THE PLACEMENT OF WHERE THOSE BUILDINGS ARE AND WHAT, AND WHERE THEY'RE SHOWING THAT THAT COULD BE CONSIDERED, BUT ADDING LANDSCAPING IS SORT OF CONDITIONAL, SO WE WOULDN'T BE ABLE TO DO THAT. 
          YEAH, I'M, I'M GONNA CHIME IN ON THAT. 
          UM, SO THE APPLICANT SUBMITTED A PLAN THAT SHOWS CERTAIN DIMENSIONS THAT THE PROPOSED BILLING IS OFFSET AND THAT IS TIED TO, AND IF THIS WERE TO BE APPROVED, WOULD THEY HAVE TO ABIDE BY THAT OR COULD THEY SCOOT THE BUILDING OVER? SO WHAT THEY'RE PRESENTING TO YOU IS PART OF THE TESTIMONY, AND THAT IS WHAT YOU'RE BASING YOUR DECISION ON. 
          SO OKAY. 
          AS THEY MOVE THROUGH THE PERMIT PROCESS, THEY WOULD HAVE TO COMPLY WITH WHAT THEY'RE SHOWING. 
          AND SO IT, UH, IF, IF WE COULD PLEASE BRING UP THE SITE PLAN, UH, RIGHT, THE ONE WITH THE, UH, RENDERINGS AND THE SHOWS, THE TREES AND THE WHOLE SITE. 
          UH, YEAH, THE ONE BELOW THAT ONE MORE UP. 
          THERE YOU GO. 
          I WANNA SEE THAT ONE. 
          SO THERE IS A, THERE IS A IF TO PROVIDE ADEQUATE PARKING. 
          I'M JUST MAKING SOME OBSERVATIONS, UH, AND THAT I'D LIKE THE APPLICANT TO, UH, CHIME IN ON, SO TO HAVE TWO SETS OF HEAD END PARKING WITH THE 25 FOOT REQUIREMENT, THE BUILDING WOULD HAVE TO BE THERE OR CLOSER. 
          AND IT, IS IT TRUE THAT YOU TRIED TO PUSH IT AS CLOSE TO THE PARKING AND FURTHER AWAY FROM THE SIDE PROPERTY LINE AS YOU COULD? UH, THAT'S CORRECT. 
          OKAY. 
          I DID A QUICK STUDY OF PUSHING THE BUILDING TO THE, AS FAR TO THE WEST. 
          YEAH, AS FAR TO THE WEST TO THAT PARKING LOT AS POSSIBLE. 
          OKAY. 
          AND STAFF, HOW CLOSE COULD THE BUILDING BE TO THE SIDE PROPERTY LINE IF THEY HELD THE TWO AND A HALF STORIES? IS IT 10 FEET? SO A SIDE SETBACK IS FIVE FEET TO THE PROPERTY. 
          OKAY. 
          SO DO THEY, IS, I KNOW THAT IN SOME INSTANCES FOR EVERY FOOT THAT YOU'RE OVER, YOU GET A GAIN IN HEIGHT. 
          DOES THAT APPLY IN THIS CASE? YES. 
          EVEN, BUT IT WOULDN'T APPLY BECAUSE OF THE 50 FOOT REQUIREMENT? CORRECT. 
          OKAY. 
          SO THEY COULDN'T START THAT. 
          THE WEDDING CAKE APPROACH IS WHAT WE CALL IT. 
          YEAH. 
          UH, THEY COULDN'T START THAT UNTIL 50 FEET IN. 
          SO JUST FOR THE REST OF THE BOARD THERE, THERE ARE PROVISIONS TO DO INCREASES IN THE ALLOWED HEIGHTS IF YOU'RE BUILDING IS FURTHER AWAY, WHICH DON'T APPLY HERE. 
          UM, BUT, UM, ONE THING I WANTED TO ADD IS THERE'S NOTHING STOPPING THIS APPLICANT FROM BUILDING 
          [01:05:01]
WHATEVER IT IS, HE WANTS TO BUILD FIVE FEET OFF OF THE SIDE PROPERTY LINE AT TWO AND A HALF STORIES AND POTENTIALLY GETTING A UNIT INCREASE BECAUSE, UM, IS THAT TRUE OR NOT TRUE? UH, THE DIMENSIONS THAT WE HAVE SHOWN, UH, SO I JUST WANNA CLARIFY THAT THE, THE BUILDING HAS GONE THROUGH THE PERMITTING PROCESS AND WHAT WE HAVE SHOWN WHAT WE WOULD COMMIT TO IS JUST ADDING THE, KEEPING THE BUILDING IN THE EXACT SAME SPOT AND PUTTING THAT, OKAY. 
          THREE STORY. 
          IF WE SHIFT THE BUILDING, THEN THAT ACCRUES OUR, UM, OUR CONSULTANTS FEES AND RIGHT. 
          REDESIGN. 
          AND I, I UNDERSTAND. 
          AND, AND BUILDING FOUR IS GONNA BE TWO STORIES, RIGHT? CORRECT. 
          OKAY. 
          SO THE ONLY THING IN QUESTION IS THAT REAR BUILDING, HOW MANY BALCONIES ARE FACING TO THE, TO THE EAST ON BUILDING FIVE 12 BALCONIES? 12. 
          AND SO IS IS BASED ON THE, THIS LAYOUT OF THE BUILDING, COULD YOU JOIN BUILDING FOUR AND FIVE TO GET MORE UNITS? I'M TRYING TO FIGURE OUT WHAT'S GOING TO HAPPEN IF WE VOTE NO. 
          IS THAT 'CAUSE I'M SEEING A GAP BETWEEN THEN, I MEAN IF, 'CAUSE YOU'RE, AND ALSO TALK ABOUT HOW MANY ONE BEDROOM, TWO BEDROOM OR THREE BEDROOM UNITS. 
          DO YOU HAVE THAT BREAKDOWN? I DO. 
          I DO. 
          OKAY. 
          CAN YOU PLEASE LET US KNOW, BECAUSE IT, BECAUSE IT, IS IT POSSIBLE FOR YOU TO DO MORE ONE BEDROOMS OR MORE TWO BEDROOMS TO TRY TO GET A HIGHER UNIT COUNT? UH, 'CAUSE I JUST WANNA MAKE SURE THE BOARD'S AWARE IS THAT, UM, THERE'S, THERE'S PROS AND CONS TO EITHER DECISION THAT WE MAKE AND ONE IN ONE ROUTE, THE BUILDING'S GONNA BE A LITTLE FURTHER AWAY. 
          HE'S GONNA GET THE UNITS HE WANTS THE OTHER ROUTE, HE MAY POTENTIALLY DO SOMETHING THAT'S EVEN WORSE FOR THE COMMUNITY. 
          AND I'D LIKE FOR HIM TO TALK ABOUT WHAT THAT MIGHT BE. 
          SO GO AHEAD. 
          SURE. 
          UM, IN TERMS OF PUSHING THE BUILDINGS TOGETHER WITHOUT DOING, UH, AN EXTENSIVE CODE RESEARCH ON IT AND THE AREA INCREASE OF THAT, UM, I WOULDN'T BE ABLE TO ANSWER THAT, BUT I CAN SAY THAT, UM, OUR APPROACH WILL BE SIMPLY ADDING THAT THIRD STORY WHERE THE BUILDING IS CURRENTLY. 
          RIGHT. 
          WELL, WHAT I'M GET, WHAT I'M TRYING TO, SORRY TO CUT YOU OFF, WHAT I'M TRYING TO GET AT IS, IF YOU JOINED THE BUILDINGS AND MOVED THE BUILDING OVER 10 FEET, COULD YOU GET 124 UNITS? UH, NO. 
          NO, BECAUSE BUILDING FOUR, IF WE ADD ANOTHER STORY TO IT, IT'S ONLY EIGHT UNITS. 
          AND THAT BREAKDOWN IS, UH, SO YOU WOULD GET TO ONE 16 POTENTIALLY? UH, ONE 16, YES. 
          OKAY. 
          SO THAT'S, I I'M JUST TRYING TO GET LET EVERYONE KNOW THAT THERE'S, WHEN THE DEVELOPMENT GOES FORWARD, THEY'RE NOT GONNA BUILD 108 UNITS IF THERE'S NO PROFIT IN IT. 
          AND SO THEY'RE GOING TO, DON'T BE SURPRISED IF SOMETHING WERE TO HAPPEN TO INCREASE THE UNIT COUNT TO MAKE THIS MORE OF A VIABLE PROJECT. 
          AND ANY, I I'M TRYING TO SEE IF YOU COULD AT LEAST ALLUDE OR AGREE TO THAT. 
          IF, IF WE WERE TO VOTE NO ON THIS, IT, IT CAN'T GET ANY BETTER FOR THE COMMUNITY. 
          AND I'D LIKE YOU TO TALK ABOUT, YOU KNOW, AS FAR AS WHAT THEIR CONCERNS ARE, HOW MANY BALCONIES, HOW MANY UNITS, THE DENSITY, THE BUILD OUT YOU'RE TRYING, I'M SEEING WHETHER YOU, I'M GOING OFF ON A TANGENT, MAKING THIS MORE OF A SPEECH, BUT WHAT I'M SEEING HERE IS, IS THAT YOU'VE MADE EVERY ATTEMPT TO MAKE THIS THE SMALLEST FOOTPRINT YOU CAN AS FURTHER AWAY FROM THAT EAST PROPERTY LAND AS YOU CAN. 
          BUT I'M TRYING TO FIND OUT WHAT ARE THE RAMIFICATIONS IF WE SAY, NO, THE REALITY OF THIS, YOU'RE NOT JUST NOT GONNA DO THE JOB. 
          I MEAN, WHAT ARE YOU GONNA, WHAT WOULD, WHAT DO YOU THINK WOULD HAPPEN? UM, SO I, THAT IS, THAT IS CORRECT. 
          I'VE GONE THROUGH EXTENSIVE, UM, LAYOUTS FOR THE SITE AND, YOU KNOW, IF OUR SITE WAS, YOU KNOW, 50 FEET WIDER, WE WOULD BE ABLE TO PUSH IT BACK. 
          I'D PUT IT IN THE CENTER AND IT'D BE FINE. 
          WE'D HAVE THAT BUFF. 
          BUT, YOU KNOW, I WAS, THIS IS ALMOST A, A YEAR LONG PROCESS TO GET TO THIS POINT, UM, IN THE DESIGN, UM, WE WOULD BE LIMITED TO THE 108 UNITS AND THAT WOULD PUT, UM, A VERY HEAVY BURDEN ON, UH, FINANCIALLY, UH, WITH EVERYTHING INCREASING IN THE PANDEMIC. 
          IT'S PART OF THE REASON, UM, WHY WE HAD TO INCREASE AND PHASE IT OUT TO TWO PHASES. 
          UM, OUR INTENT WAS TO BUILD ALL OF THEM AT ONCE. 
          UH, SO IT WOULD PUT A VERY BIG FINANCIAL BURDEN ON US. 
          UM, BUT ON THE SAME TOKEN, UM, AFTER SPEAKING WITH THE COMMUNITY SPECIFICALLY, UH, COUNCIL DISTRICT FOUR, UM, THEY HAD OUR, WE, WE HAVE THEIR SUPPORT, UH, PALO ALTO, WE HAVE THOSE LETTERS OF SUPPORT. 
          SO THERE WAS A NEED FOR THE INCREASED UNITS IN THAT AREA. 
          UM, AND THAT'S THE DRIVER IN THAT WE COULD BUILD 108. 
          UM, BUT THIS WOULD HELP OFFSET SOME OF THE COSTS OF PHASE ONE FOR BUILDINGS ONE, TWO, AND THREE AND ALL THE AMENITIES THAT WE ARE ADDING TO THAT. 
          UM, BUILDING THE POOL, THE, THE WORKOUT FITNESS. 
          UM, SO HOPEFULLY I'M, I HOPE THAT ANSWERED YOUR QUESTION. 
          I'M SORRY IF, WELL, I WAS JUST TRYING TO FIGURE OUT IF WE WERE TO VOTE. 
          NO, WHAT WOULD YOU END UP DOING? YOU'RE, ARE YOU GONNA DO 1 0 8 OR ARE YOU GONNA TRY TO GET MORE? UH, WE WOULD DO THE 1 0 8. 
          OKAY. 
          YEAH, WE WOULD DO THE 1 0 8. 
          ALRIGHT. 
          UH, I FELT LIKE I'VE TALKED ENOUGH. 
          ANYONE ELSE HAS ANY OTHER QUESTIONS? BRAGMAN, COMMISSIONER BRAGMAN. 
          UM, SO GOING BACK TO THE PICTURE THAT YOU TOOK WITH A DRONE, UM, YOU SAID THAT THAT WAS ABOUT 25 FEET WAS THE HEIGHT MM-HMM. 
           AND THE HEIGHT OF THOSE BALCONIES THAT ARE FACING TO THE EAST IS ABOUT WHAT? SO THAT DRONE, UH, WAS FROM THE FINISHED FLOOR TO 
          [01:10:01]
SOMEONE ABOUT AVERAGE HEIGHT, FIVE FOOT SIX. 
          SO STANDING ON THE BALCONY, IT'S STANDING ON THE BALCONY. 
          LOOKING AT THAT POINT, THAT'S ABOUT THE 25 FEET. 
          OKAY. 
          I'D SAY MY HEIGHT, I'M SIX TWO, SO I, I TOOK IT FROM A LITTLE BIT MORE AVERAGE HEIGHT. 
          UM, SO THAT'S THE INTENT OF THAT, SOMEBODY STANDING ON THE BALCONY AS A WORST CASE SCENARIO. 
          AND SO THE, THE, THE TREES THAT YOU SHOWED IN THAT DRONE FOOTAGE, WHERE WERE THOSE TREES LOCATED? 'CAUSE I'M LOOKING AT GOOGLE MAPS AND IT APPEARS THAT THERE'S AN ENTIRE ROW OF TREES, UM, ESTABLISHED TREES RUNNING ALL THE WAY FROM MALLY BOULEVARD, UM, DIRECTLY SOUTH TO VETTE ON THE, ON THE FAR EAST SIDE OF THAT 50 FOOT PROPERTY? YES. 
          IS THAT WHERE THOSE TREES ARE? IS THAT THAT FAR? UM, RIGHT SIDE OF THE 50 FOOT LOT ON THE FAR RIGHT SIDE OF THE 50 FOOT LINE, YES. 
          I'M NOT SURE IF THAT ENDS IN THE, UH, NEIGHBOR THAT'S IN OPPOSITION'S LOT OR THE NEIGHBOR THAT WAS IN FAVOR, BUT THAT'S ON THE, IT'S ALONG THAT SIDE. 
          I THINK THERE'S A VIEW FROM GOOGLE EARTH, UM, WHERE THE NEIGHBOR IN OPPOSITION, IT SHOWS THOSE TREES PLANTED IN THAT AREA. 
          RIGHT, EXACTLY. 
          YEAH. 
          SO THERE IS, THAT'S A FAIRLY SUBSTANTIAL BUFFER. 
          CAN WE CAN STAFF GET DOWN TO, UM, STREET LEVEL ON THOSE TREES TO GET AN IDEA OF SOMEWHERE. 
          RIGHT. 
          SO WE WOULD'VE NO CONTROL OF THOSE TREES, BUT, UM, SO THAT'S FROM MALLY, CORRECT? CORRECT. 
          AND SO THOSE, AND IT SHOWS THE DATE OF THAT IMAGE, MAY, 2019. 
          SO THIS WOULD BE IN THE SPRING FULLY BLOOMED. 
          RIGHT. 
          MY DRONE WAS FROM, UH, LAST WEEK. 
          SO THAT APPEARS TO BE A, A FAIRLY SUBSTANTIAL VISUAL BARRIER BETWEEN THIS PROPERTY AND YOUR PROPERTY. 
          YES. 
          OKAY. 
          THANK YOU. 
          ANYONE ELSE? ALL RIGHT. 
          HEARING NONE, UH, WE'RE GOING TO GIVE YOU AN OPPORTUNITY TO PROVIDE, YOU KNOW, A COUPLE MINUTES OR PROVIDE ANY CLOSING REMARKS, ANYTHING YOU WANT US TO KNOW SURE. 
          BE AWARE OF AS WE, BEFORE WE DELIBERATE. 
          CHAIRMAN, I'M SORRY TO BUT IN HERE, BUT I THINK, UM, I WANTED TO MAKE A LITTLE BIT CLEAR. 
          I THINK EVERYONE WAS HAVING A LITTLE DIFFICULT TIME, UH, MAKING YOUR, ANSWERING YOUR QUESTION. 
          THE INTENT GOING IN, WHEN WE PURCHASED THE LAND BACK IN OCTOBER OF 2020, WE HAD A P P R MEETING ABOUT 45 DAYS THEREAFTER, AND THE INTENT WAS TO MAXIMIZE THE UNIT COUNT. 
          WHEN WE STARTED SEEING SOME RESTRICTIONS, THE GAME PLAN WENT INTO DOING THE 108 UNITS. 
          NOW TO YOUR POINT IS IF THE NO COMES IN, THEN EF AND I ESSENTIALLY WILL BE PUT IN A POSITION WHERE, HOW CAN WE TRY AND MAXIMIZE THE VALUE OF THE INVESTMENT AT THE END OF THE DAY TO, TO, TO OFFSET SOME OF THE INCREASED COSTS, ESPECIALLY DURING THE, THE PANDEMIC AND WHAT THAT WILL ENTAIL. 
          I DON'T KNOW SPECIFICALLY WHAT I CAN SAY IS THAT THE DESIGN WE HAVE NOW AND THE OPTIONS WE HAVE LAID OUT TO JUST MAKE THE FIFTH BUILDING A THREE STORY IS THE BEST DESIGN THAT WE CAN COME UP WITH AT THE MOMENT, GIVEN OUR LAYOUT. 
          MOVING A BUILDING CLOSER TO THAT FIVE FOOT SETBACK CAN BE AN OPTION, EXPANDING ONE OF THE BUILDINGS, CONNECTING ONE OF THE BUILDINGS, BUT THEN YOU RUN INTO PROBLEMS WHERE IT MIGHT JUST GENERALLY LOOK UGLY FOR THE COMMUNITY. 
          IT MIGHT ATTRACT THE, THE, THE WRONG TENANT BASE. 
          AND I FEEL THAT'S WHAT YOU WERE GETTING AT. 
          IF I'M, IF I'M WRONG, CORRECT ME, BUT WE DON'T HAVE THE CLEAR ANSWER FOR IT. 
          I DO KNOW THAT ONCE WE START TO EXPLORE THE OPTION, WE MAY BE PUT IN A POSITION WHERE LIKE, DANG IT, YOU KNOW, THIS IS NOT WHAT WE WANTED. 
          THIS IS NOT THE APPEAL, THIS IS NOT WHAT THE COMMUNITY NEEDS. 
          AND, UM, I THINK IT'LL BACKFIRE ESSENTIALLY BY GETTING A NO. 
          AND HOPEFULLY THAT HELPS CLEAR UP A LITTLE BIT OF YES. 
          THANK YOU. 
          UH, IS THERE ANYTHING ELSE YOU WANT TO ADD BEFORE WE MOVE TO DELIBERATION? I DID. 
          UM, I WANTED TO, UH, MENTION EFRIN TOUCHED BASE ON THIS A LITTLE BIT. 
          THESE WERE, THESE ARE GONNA BE THE FIRST MARKET RATE CONVENTIONAL HOUSING APARTMENTS IN THAT PART OF TOWN. 
          UM, WE DO HAVE THE SUPPORT OF DISTRICT FOUR. 
          COUNCILWOMAN ROCHA IS EXTREMELY SUPPORTIVE OF THIS, OF THIS DEVELOPMENT. 
          SHE WAS AT OUR GROUNDBREAKING, UM, SHOWING IMMENSE SUPPORT AND I THINK THIS WAS SAID, BUT THE BUILDING HEIGHT IS NOT GOING TO CHANGE. 
          WE'RE JUST ASKING TO ADD THAT THIRD FLOOR INSTEAD OF THAT TWO AND A HALF. 
          UM, AND ALSO I KNOW THAT WE'RE QUESTIONING THE BUFFER NEXT DOOR ON THE 50 FOOT. 
          THE NEIGHBOR THAT CALLED IN, HE STILL OWNS THAT PROPERTY, AND I DON'T KNOW IF HE LIVES THERE, BUT I KNOW THAT HE HAS THAT OCCUPIED AT THE MOMENT. 
          SO AGAIN, THANK YOU FOR YOUR TIME AND THAT'S ALL I GOT. 
          THANK YOU. 
          UH, IS THERE SOMEONE WHO'D LIKE TO MAKE A MOTION ON THIS CASE? O ZUNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BOA DASH 21 DASH 0 3 0 1 70. 
          I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT TO REQUEST FOR THE 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 SE SETBACK. 
          AND AS SHOWN AND DEPICTED ON THE SITE PLAN THAT THEY PROVIDED TO US TODAY, INCLUDING THE TREE ORIENTATION AND THE TREE, UH, WHICH WOULD, 
          [01:15:01]
UH, PROVIDE ADDITIONAL BUFFER AND BLOCKAGE TO THE NEIGHBORS, UM, SITUATED AT 1455 WEST VETTE BOULEVARD, APPLICANT BEING PATRICK CHRISTIANSEN. 
          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, LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. 
          SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. 
          THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. 
          IT IS FOUND THAT THE PROPERTY'S OVER 200 FEET IN WIDTH ALLOWING FOR ENOUGH DISTANCE FROM THE ADJACENT RESIDENTIAL USES. 
          ADDITIONALLY, THE MAXIMUM HEIGHT OF 35 FEET IS THE SAME, SAME HEIGHT ALLOWED FOR THE ADJACENT RESIDENTIAL USES. 
          SO THE VARIANCE DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST. 
          TWO, DUE TO SPECIAL CONDITIONS AND LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN A NECESSARY HARDSHIP. 
          THE BOARD FINDS THAT ANY SPECIAL CONDITIONS ADDITIVE ENFORCE WOULD RESULT IN A UNNECESSARY HARDSHIP BY OPPOSING A LITERAL ENFORCEMENT. 
          THE THE DEVELOPMENT WOULD BE LIMITED TO TWO AND A HALF STORY TALL FOR THE 50 FOOT LINEAR, UM, AREA FROM THE RESIDENTIAL USED PROPERTY. 
          AND THE REQUEST IS FOR A HALF STORY MOW, WHICH IS ONLY MEASURED INSIDE THE STRUCTURE, AND THE MAXIMUM HEIGHT WILL STILL BE MET BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE O OBSERVED AS SUBSTANTIAL JUSTICE WILL BE DONE. 
          THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. 
          THE MAXIMUM HEIGHT OF THE STRUCTURE WILL STILL BE MET, NOT EXCEEDING 35 FEET FOR THE VARIANCE, WILL NOT BE AUTHORIZED, WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE YOU SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY WHICH THE VARIANCE IS SOUGHT, IS LOCATED. 
          THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE YOU SPECIFICALLY AUTHORIZED BY THE DISTRICT FIVE. 
          SUCH VARIANCES 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. 
          UH, THE REQUEST TO ALLOW A TWO AND A HALF STORY DOES NOT APPEAR TO INJURE ADJACENT PROPERTIES OR CHANGE THE ESSENTIAL CHARACTER OF THE DISTRICTS INTO MAXIMUM HEIGHT ALLOWED OF THE PROPERTY WILL NOW BE INCREASED OF SIX APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. 
          UH, THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. 
          THE BOARD FINDS IT'S APPLIED TO THE PROPERTY OWNER IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND ARE NOT MERELY FINANCIAL AND A MOTION. 
          SECOND. 
          SECOND BY COMMISSIONER BRAGMAN. 
          COMMISSIONER ZUNA. 
          RIGHT. 
          SO AS, AS YOU NOTICE, I, UH, WROTE INTO THE MOTION A SPECIFIC, UM, SITE PLAN INCLUDING, UH, THE TREES THAT WE PLANTED ON THE SUBJECT PROPERTY, WHICH WOULD CR WOULD CREATE ADDITIONAL BUFFER, UM, WITH THE, WITH THE DISTANCE FROM THE, THE NEIGHBOR THAT'S MOST IMPACTED WITH THE, UM, THE, THE ADDITIONAL PLANTING AND THE, THE, UM, THE EXISTING 35 FOOT HEIGHT RESTRICTION WILL STILL BE MET. 
          ADDITIONALLY WITH THE, UM, THE VARIANCE THAT'S PROPOSED, YOU KNOW, THE, THE APPLICANT IS REDUCING THE DENSITY, WHICH WOULD'VE BEEN ALLOWED OF, UM, YOU KNOW, A HUNDRED WHAT, WHAT 144 UNITS DOWN TO 124 UNITS. 
          SO THAT ADDRESSES SOME OF THE DENSITY IN, IN MY MIND THAT WOULD BE A CONCERN TO THE NEIGHBORS. 
          ADDITIONALLY, THE APPLICANT, UH, YOU KNOW, SHOWED, YOU KNOW, WHAT THEY'RE GONNA BE DOING TO, UH, MANAGE THE PROPERTY PROFESSIONAL MANNER TO NOT HAVE ANY OF THE ISSUES OF TRASH OR TRAFFIC. 
          THE SIDE, MEL, UH, MALLORY STREET WOULD BE A EMERGENCY ACCESS ONLY, SO THAT YOU WOULDN'T HAVE THAT THROUGH TRAFFIC GOING THROUGH TO ACCESS THE SITE. 
          UM, THEY MADE SOME ACCOMMODATIONS WITH THE SIDE PLAN, UM, AND PROVIDE THE BUFFER WITH THE TREES THAT, I MEAN, I, I BELIEVE THAT THEY'RE DOING EVERYTHING THEY CAN TO PROVIDE A, A GOOD WORKABLE, UH, SITE PLAN THAT PROVIDES THE AFFORDABLE UNITS THAT ARE NEEDED FOR THE AREA, INCLUDING THE, UH, THE UNIVERSE, THE, THE PALO ALTO COLLEGE AND THE TEXAS A AND M, WHICH WE SAW SUPPORT FROM. 
          SO FOR THOSE REASONS, I'M SUPPORTING THE MOTION. 
          THANK YOU. 
          COMMISSIONER BRAGMAN. 
          THANK YOU. 
          UM, I AGREE WITH MY COLLEAGUE AND I'M GONNA BE IN SUPPORT OF THE MOTION AS WELL FOR VARIOUS REASONS. 
          UM, OBVIOUSLY WE'RE VERY SYMPATHETIC TO THE COMMUNITY. 
          UM, BUT WHAT I HEARD ABOUT FROM THEM, MOSTLY THEIR CONCERNS WAS THE FACT THAT A, UM, APARTMENT COMPLEX WAS BEING BUILT THERE. 
          IT'S ZONED FOR MULTIFAMILY 33. 
          SO REGARDLESS OF, YOU KNOW, THE FEELINGS ABOUT HAVING AN APARTMENT COMPLEX THERE, IT'S ZONED THAT WAY. 
          AND SO WE ARE NOT HERE AT THE BOARD ABLE TO CHANGE THAT, UM, THAT THAT'S ALREADY DONE, THAT THAT'S DONE BY THE ZONING COMMISSION. 
          SO UNFORTUNATELY THAT'S NOT SOMETHING THAT WE CAN ADDRESS. 
          UM, I DO FEEL LIKE THE APPLICANT HAS, UM, DONE EVERYTHING THEY CAN TO MITIGATE THE CONCERNS OF THE, THE COMMUNITY, THE SAFETY, THE SECURITY, UH, THE, THE ADDITIONAL TRAFFIC ON THE, THE BACK STREET. 
          UM, THE FACT THAT THERE ARE, YOU KNOW, A LOT OF HERITAGE TREES PLANTED ALONG THE SIDE OF THE, UH, OF, UH, LET'S SEE, 1 9 3 0 MALLY, UM, WHICH IS IN BETWEEN THE, THE TWO PROPERTIES. 
          UM, AND PLUS THERE'S A BUFFER OF ABOUT, IT LOOKED LIKE 26 FEET BETWEEN THE PROPERTY LINE AND THE EDGE OF THE BUILDING. 
          SO I REALLY FEEL LIKE, UM, 
          [01:20:01]
THE APPLICANT HAS ADDRESSED THE CONCERNS OF THE COMMUNITY AND UNFORTUNATELY THE PROPERTY ZONE MULTIFAMILY 33, WHETHER YOU LIKE IT OR NOT. 
          SO I'M GONNA BE IN SUPPORT OF THE MOTION. 
          THANK YOU. 
          ANYONE ELSE LIKE TO ADD KAPLAN COMMISSIONER KA? YEAH, UH, ONCE AGAIN, I, I DO APPLAUD THE APPLICANT FOR MAKING THE CHANGES THAT YOU'VE MADE, BUT GIVEN THE AMOUNT OF COMMUNITY OPPOSITION, UM, I AM GONNA BE AGAINST DOING THIS, UM, I KNOW THAT 16 UNIT DIFFERENCE, AND ONE OF THE THINGS THAT I HEARD FROM THE COMMUNITY WAS THE INCREASE IN TRAFFIC POTENTIAL CRIME, AND THAT THIS WAS BASICALLY GONNA BE STUDENT HOUSING AT MARKET RATES. 
          SO, UM, YOU HAVE, YOU KNOW, THE, THE MORE ROOMS YOU HAVE IN THE MORE APARTMENTS, OBVIOUSLY THE MORE, UH, TRAFFIC AND PEOPLE. 
          UM, I KNOW YOU'RE GOING TO DO TRASH COLLECTION AND I'M NOT SURE ABOUT HOW IF THAT REALLY IS GOING TO BE AN ISSUE. 
          BUT WHAT I WOULD SAY IS THAT DO WHAT IS AS OF RIGHT, IT IS, UH, MF 33. 
          SO YOU HAVE 108 UNITS THAT YOU CAN BUILD. 
          ANYONE ELSE, CRUZ, COMMISSIONER CRUZ. 
          UM, I'M GOING TO SUPPORT MS. KAPLAN ON THIS. 
          I'M NOT TOO CRAZY ABOUT EVERYTHING THAT, THAT'S BEING DONE THERE. 
          AND ALSO TOO, I I, I'M LISTENING TO THE NEIGHBORS AND I'M NOT TOO SURE OF THAT WHAT THEY'RE TALKING ABOUT IS, IS NOT GONNA, IS NOT GONNA HELP 'EM. 
          I I'M SURE THAT WITH ALL THESE, UM, EXTRA APARTMENTS IN THAT AREA, AND THAT'S A SMALL AREA, IT WILL BE PROBLEMS. THANK YOU. 
          THANK YOU. 
          ANYONE ELSE? COMMISSIONER BERT? YEAH, I WON'T BE ABLE TO SUPPORT THIS, UH, APPLICATION. 
          THE, IT'S, IT'S AN MF 33 LOT, UH, WITH RESIDENTIAL LOTS ON BOTH SIDES. 
          UH, THE, THE ZONING RULE IS TWO AND A HALF STORIES. 
          UM, THE ONLY REASON I HAVE MORE STORY, UH, AND INCREASE THE DENSITY WOULD BE TO INCREASE THE, UH, FINANCIAL, UH, ASPECT OF THE, THE FEASIBILITY, FINANCIAL FEASIBILITY OF THE PROJECTS IS WHAT WE HEARD. 
          SO IT, IT, IT TRULY IS MERELY FINANCIAL. 
          AND, UH, AND, YOU KNOW, FOR THOSE REASONS, REALLY, UH, I THINK THE, THE NEIGHBORHOOD DESERVES TO HAVE THE ZONING RESPECTED. 
          THANK YOU. 
          ANYONE ELSE? ALL RIGHT, I'M GONNA GO AHEAD AND CHIME IN. 
          UM, I'M GONNA BE IN SUPPORT OF THIS. 
          UH, THE REASON WHY, AND WHAT I WAS TRYING TO GET TO IN MY LINE OF QUESTIONING IS THEY'RE GONNA BUILD A MULTI-FAMILY, 35 FOOT TALL MULTI-FAMILY DEVELOPMENT HERE. 
          ONE WAY OR ANOTHER. 
          IT'S EITHER GONNA BE 108, IT COULD BE 116, IT COULD BE 142. 
          WHAT I'M SEEING WHEN I LOOK AT THIS IS, IS SOMEBODY TRYING TO BUILD A TRULY BUILD A CLASS A DEVELOPMENT. 
          EVERY TIME YOU HAVE LITTLE CHANGES IN DIRECTION OF THESE BUILDINGS, INSTEAD OF JUST MAKING IT ONE STRAIGHT BOX THAT COSTS MONEY LIKE A LOT OF MONEY, IT ALSO, UH, THEY'RE, THEY'RE TRYING TO PROVIDE AN, UH, AN ENVIRONMENT THAT IS ASSOCIATED WITH CLASS A. 
          THEY MOVE IN. 
          THE BUILDING IS FURTHER, FURTHER AWAY FROM THE EAST. 
          MY FEAR IS, IS THAT IF WE SAY NO TODAY FOR THAT, THEY'RE GONNA MOVE FORWARD WITH SOMETHING THAT ISN'T GONNA BE AS NICE. 
          IT'S GONNA HAVE MORE UNITS BECAUSE THEY HAVE TO RECOUP THEIR INVESTMENT FUNDS. 
          AND, AND I MEAN, I JUST, I TRULY BELIEVE THAT WHAT I'M LOOKING AT HERE IS, IS SOMETHING THAT IS GONNA BE SO DESIRABLE FOR THIS AREA. 
          IT, AND IT CAN ONLY BE SOMETHING LESS IF WE SAY NO. 
          SO I'M, I JUST, UH, I'M GONNA BE IN SUPPORT. 
          SO UNLESS THERE'S SOMEONE ELSE I'D LIKE TO ADD IN, I JUST WOULD HOPE THAT I, AND PLEAD THAT I CAN GET PEOPLE TO, TO, TO SEE, TO SEE THAT PART OF THIS. 
          BUT ANYWAY, DOES ANYONE ELSE LIKE TO MINKA? COMMISSIONER MINKA? I, UM, I STRUGGLE WITH BEING OBJECTIVE ON THIS ONE HERE, AND I WAS EXPECTING AN ALTERNATE PLAN FROM THE LAST TIME, SOMETHING TO BE A LITTLE MORE, UH, ADJUSTED FOR THAT SETBACK. 
          AND I CANNOT NEGATE THE CONCERNS OF THE RESIDENTS ON THIS. 
          AND EVEN THOUGH IT'S GONNA BE A FAVORABLE THING FOR, UH, THE HOUSING THING, UH, THERE ARE TOO MANY OPEN THINGS THAT WE CANNOT TELE APART IN THE FUTURE. 
          SO RIGHT NOW, AS IT IS, WITHOUT ANY ADJUSTMENTS AND BEING DRIVEN BY COST, DRIVEN BY THE DEVELOPER, UH, I WILL BE IN THAT POSITION TO THIS. 
          ALL RIGHT, MANNA, MR. MANNA. 
          SO, YEAH, I GUESS IT IS JUST UNFORTUNATE THAT THE DEVELOPER WASN'T ABLE TO GET WITH THE COMMUNITY. 
          AND YOU, I THINK THAT WAS A BIG MISS HERE. 
          AND SO, SO I'LL BE SUPPORTING THE COMMUNITY. 
          THANK YOU. 
          THERE'S NO ONE ELSE. 
          UM, STAFF ROLL CALL, VOTE PLEASE. 
          MR. ARUNA? YES, I CONCUR WITH THE FINDINGS OF FACT. 
          MS. BRAGMAN. 
          I CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN. 
          I DO NOT CONCUR WITH THE FINDINGS OF FACT, MR. ALBERT. 
          I DO NOT CONCUR. 
          MR. MACHACA. 
          I DO NOT CONCUR. 
          MS. INGLES? I CONCUR. 
          [01:25:02]
MS. CRUZ, YOU I DO NOT CONCUR, MR. MANNA. 
          I DO NOT CONCUR WITH THE FINDINGS OF FACT. 
          MR. VASQUEZ. 
          I DO NOT CONCUR WITH THE FINDINGS OF FACT. 
          MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. 
          I HAVE A VOTE OF FIVE, FOUR, OR SIX AGAINST MOTION FAILS. 
          UH, IF YOU COULD GET WITH STAFF, THEY'LL TALK TO YOU ABOUT YOUR NEXT STEPS. 
          THANK YOU. 
          ALL RIGHT, NEXT CASE PLEASE. 
          OKAY, UH, STAFF, UH, WE NEED A TECH ASSISTANCE ON ONE OF THE COMPUTERS. 
          SORRY. 
          OKAY. 
          AGENDA ITEM NUMBER THREE IS CASE BO O A 21 1 0 3 0 0 1 75. 
          THE SUBJECT PROPERTY IS LOCATED AT 700 DAWSON STREET, UM, WITHIN COUNCIL DISTRICT TWO. 
          THE REQUEST IS FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT. 
          UM, THE APPLICANT IS REQUESTING A CONTINUANCE FOR THIS CASE, UM, SIMILAR TO THE LAST ONE. 
          THEY ARE WANTING, UH, MORE TIME TO MEET WITH THE COMMUNITY, SO THEY'RE REQUESTING CONTINUANCE TO MARCH 21ST. 
          ALL RIGHT, THANK YOU. 
          UM, IS THERE ANY VOICEMAILS OR ANYONE SIGN TO SPEAK? OKAY, WE DO HAVE A VOICEMAIL. 
          HELLO, MY NAME IS VALERIE CORTES AND I RESIDE AT 5 0 8 LAMAR STREET WITHIN DIGNA WHITTY HILL. 
          I'M CALLING ON BEHALF OF THE CONCERNED CITIZENS OF DIGNA WHITTY HILL WITH REGARDS TO CASE NUMBER 1 0 3 0 0 1 7 5, LOCATED AT 700 DAWSON STREET. 
          AGAIN, THIS LETTER IS TO EXPRESS OUR SUPPORT OF STAFF'S RECOMMENDATIONS TO DENY A SPECIAL EXCEPTION FROM THE SHORT TERM RENTAL DENSITY LIMITATION TO ALLOW AN ADDITIONAL TYPE TWO SS C R P AT 700 DAWSON STREET. 
          OUR POSITION IS BASED ON THE FACT THAT THE RECENT S C R ORDINANCE THAT WAS ADOPTED BY COUNCIL IS A VERY REASONABLE ONE THAT ALLOWS A MODERATE AMOUNT OF SS C R ACTIVITY IN RESIDENTIAL NEIGHBORHOODS. 
          THE CURRENT 12 POINT HALF PERCENT OF BLOCK-BASED RULE AS OUTLINED IN SECTION 35 DASH 3 74 E ONE, ENSURES THAT OUR RESIDENTIAL NEIGHBORHOODS CAN PROVIDE AN ACCOMMODATION ALTERNATIVE FOR SHORT-TERM VISITORS TO OUR CITY WITHOUT CREATING MEASURABLE DISRUPTIONS TO SURROUNDING RESIDENTS AND PROPERTY OWNERS. 
          WE APPRECIATE YOUR CONSIDERATION TO OUR COMMENTS. 
          THANK YOU. 
          THIS CONCLUDES VOICEMAILS. 
          ALL RIGHT, THANK YOU. 
          UM, IS THERE ANY, UM, BUT I'D LIKE TO MAKE A MOTION ON THIS CASE TO COMMISSIONER TEAL. 
          I MOVE THE CASE NUMBER BO A DASH 21 DASH 3 75 IS CONTINUED TO MARCH 21ST, 2022 IN A MOTION. 
          SECOND. 
          SECOND. 
          YOU'LL SECOND BY COMMISSIONER KAPLAN. 
          UH, THERE'S NO, NO DISCUSSION. 
          UH, STAFF, PLEASE TAKE A ROLL CALL. 
          VOTE MR. TILL. 
          YES. 
          MS. KAPLAN? YES. 
          MR. ALBERT? NO. 
          MR. MANCHACA? YES. 
          MS. CRUZ? YES. 
          MR. MANNA? YES. 
          MS. BRAGMAN? YES. 
          MR. MR. VASQUEZ? YES. 
          MR. UNA? YES. 
          CHAIR ORIAN AND I VOTE? YES. 
          UH, MOTION PASSES 10 TO ONE. 
          NEXT CASE PLEASE. 
          AGENDA ITEM NUMBER FOUR, BO EIGHT. 
          CASE 21 DASH 1 0 3 0 0 0 7 7. 
          ADDRESS IS 86 0 7 NORWICH CITY COUNCIL. 
          DISTRICT NUMBER 10, APPLICANT BEING PAULA GRIFFITH. 
          A REQUEST FOR A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT REQUIREMENT TO ALLOW AN EIGHT FOOT SOLID SCREEN FENCE ALONG THE SOUTHERN SIDE. 
          PROPERTY LINE, UH, ZONING IS A NE NEIGHBORHOOD PRESERVATION. 
          EIGHT CASE SUMMARY. 
          SUBJECT PROPERTY IS LOCATED ALONG NORWICH ROAD AND CURRENTLY, UH, IS A SINGLE FAMILY RESIDENTIAL HOME APPLICANT IS REQUESTING A SPECIAL EXCEPTION FROM THE 
          [01:30:01]
MAXIMUM SIX FOOT FENCE HEIGHT REQUIREMENT TO ALLOW AN EIGHT FOOT SOLID SCREEN FENCE ALONG THE SIDE. 
          PROPERTY LINE. 
          UPON, UH, OBSERVATION DURING STAFF VISITS, STAFF, UH, DID OBSERVE THAT THERE WAS A COMMERCIAL BUILDING ABUTTING THE REAR OF THE PROPERTY LINE. 
          THERE WAS ALSO A NOTICEABLY A CHANGE IN GRADE ON THE SUBJECT PROPERTY. 
          UH, IT'S DEFINITELY WAS IN EXCESS OF FOUR FEET IN HEIGHT. 
          UM, WE ALSO NOTICED THAT THERE WAS A, THE ENTIRE YARD WAS, UH, HAS AN EIGHT FOOT SOLID SCREEN FENCE ON IT. 
          SITE PLAN, SUBJECT PROPERTY. 
          THIS PICTURE IS THE LEFT SIDE OF THE FENCE. 
          UH, THIS IS THE REAR, UH, THE PROPERTY LINE. 
          SO THIS IS LOOKING AT THE FENCE FROM THE BACKYARD. 
          THIS IS A PICTURE OF THE REAR PROPERTY THAT'S FACING THAT COMMERCIAL PROPERTY. 
          UH, THERE IS A POOL IN THE BACKYARD, AND THEN THIS IS GONNA BE THE RIGHT SIDE OF THE FENCE. 
          UM, I DON'T KNOW IF YOU CAN TELL IN THIS PICTURE, BUT THE, THE GREAT CHANGES FROM THE REAR OF THE PROPERTY TO THE FRONT OF THE PROPERTY, IT'S SLOPES DOWN SIGNIFICANTLY. 
          UH, THERE'S A POOL TO THE REAR OF THE PROPERTY SURROUNDING AREAS, UH, RECOMMENDATION FOR FENCE, SPECIAL EXCEPTIONS. 
          STAFF RECOMMENDS APPROVAL IN BO O A 21 DASH 1 0 3 0 0 0 7 7 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THERE'S A SIGNIFICANT CHANGE AND GRADE IN ELEVATION FROM THE REAR TO THE FRONT OF THE PROPERTY. 
          TWO ADDITIONAL FENCE HEIGHT APPEARS TO BE, APPEARS TO PROVIDE ADDITIONAL SECURITY AND PRIVACY. 
          AND THREE, A SOLID SCREEN. 
          UH, UH, THE PROPOSED SOLID SCREEN FENCE WILL NOT ADVERSELY AFFECT THE SURROUNDING NEIGHBORING PROPERTIES. 
          15 NOTICES WERE MAILED OUT. 
          ONE WAS RETURNED IN FAVOR. 
          THERE WERE TWO IN OPPOSITION, AND THERE IS NO NEIGHBORHOOD ASSOCIATION. 
          THIS CONCLUDES STAFF'S PRESENTATION. 
          UH, BEFORE YOU GO, TWO THINGS, PLEASE CLARIFY. 
          UH, THE GATES ARE GOING, OR SIX FEET. 
          THE ONLY THING THAT'S THEY'RE REQUESTING AID IS SIMPLY THE SIDE. 
          THAT ONE SIDE IN THE FRONT, IN THE FRONT OF THE PORTION OF THE PROPERTY. 
          IT'S ACTUALLY SIX FEET STREET FACING, BUT IT'S THE SIDE IS WHAT THEY'RE BUT ONLY ON ONE SIDE. 
          RIGHT. 
          THEY HAD REQUESTED FOR THE LEFT SIDE, BUT UPON STAFF VISITS, WE NOTICED THAT THE WHOLE SURROUNDING BACKYARD WAS AN EIGHT FOOT SOLID SCREEN FENCE ON THE AGENDA. 
          IT JUST SAID THE SOUTH SIDE. 
          IS THAT A CONCERN? SO IT'LL BE THE LEFT SIDE. 
          WELL, I KNOW, BUT WE'RE ONLY DISCUSSING IF, IF THIS THING, SHOULD THIS MOTION BE READVERTISED SO THAT IT'S EIGHT FOOT ON THE ENTIRE REAR AND BOTH SIDES? OR, OR IS IS IT, WAS IT ADVERTISED ONLY FOR ONE SIDE FOR TODAY? UH, THE REAR YARD, THE EIGHT FOOT FENCE IS ALLOWED BY RIGHT. 
          BECAUSE OF THAT COMMERCIALLY ZONED PROPERTY. 
          UM, IT WAS, UH, JUST THAT ONE SIDE WAS MY UNDERSTANDING. 
          SO IS THE APPLICANT GONNA HAVE TO COME BACK? I'M, I'M JUST TRYING TO MAKE SURE THAT, YOU KNOW, IF THEY'RE, IF THEY'RE GONNA HAVE AN EIGHT FOOT ON BOTH SIDES OR THERE ALREADY IS AN EIGHT FOOT ON BOTH SIDES, SHOULD THEY BE COMING BACK TO US LATER? OR SHOULD WE JUST, SHOULD WE, EVEN THE, THE EXISTING EIGHT FOOT FENCE IS ON THE RIGHT SIDE AND THEY JUST, WE ADVERTISE FOR THE LEFT SIDE. 
          AND THAT'S WHAT THEY'RE HERE FOR. 
          THAT'S WHAT, UH, THIS IS A CODE COMPLIANCE CASE. 
          IS THERE A CODE ISSUE ON THE, ON THE NORTH SIDE OR THE RIGHT SIDE? SO WE ADVERTISED FOR THE SIDE PROPERTY LINE, UH, FOR THE STAFF REPORT, WE DID SPECIFY THE SOUTHERN SIDE, BUT ALL THE LEGAL PUBLICATION AND NOTICES THAT WENT OUT WAS FOR THE SIDE PROPERTY LINE. 
          SO WE CAN'T APPROVE FOR BOTH SIDES. 
          BOTH SIDES. 
          OKAY. 
          I JUST WANNA MAKE SURE THAT WE WEREN'T HAVING TO COME BACK LATER. 
          ALL RIGHT. 
          AND THEN ONE LAST QUESTION ON YOUR, ON YOUR PICTURE, YOU HAD EIGHT FOOT FOUR INCHES ON ONE OF THE SKETCHES. 
          IS THAT A PROBLEM? THERE WAS A MEASURING TAPE THAT SHOWED EIGHT FOOT FOUR INCHES ON A HEIGHT MEASUREMENT ON THE ATTACHMENTS. 
          I'M JUST WANTED TO MAKE SURE IF THAT'S GONNA BE OF CONFLICT TODAY. 
          NO, THERE'S, THERE'S NO, UH, CONFLICT THERE. 
          THERE'S, WE CAN, UH, GRANT AN ADMINISTRATIVE VARIANCE FOR UP TO SIX INCHES. 
          OKAY. 
          THANK YOU. 
          UM, THANK YOU VERY MUCH. 
          UH, IS THE APPLICANT PRESENT? YES. 
          IF YOU CAN COME UP, SAY YOUR NAME AND ADDRESS FOR THE RECORD. 
          YOU CAN START YOUR PRESENTATION. 
          HI THERE. 
          UM, MY NAME IS PAULA GRIFFITH AND I RESIDE AT, UM, 1 0 0 1 2 0 0. 
          YEAH, WE, YEAH, WE GET YOU IN THE MICROPHONE. 
          IS IT TURNED ON? YEAH. 
          YOU OKAY. 
          UM, MY NAME IS PAULA GRIFFITH AND THIS IS THE HOME, UH, I DON'T RESIDE IN IT RIGHT NOW, BUT IT IS A RENTAL PROPERTY. 
          AND, UM, I HAVE BEEN IN THIS NEIGHBORHOOD FOR OVER 35 YEARS AND THERE'S BEEN NO PROBLEM AT ALL. 
          UM, THE, THE, THE FENCE DIRECTLY BEHIND ME, IT, THERE IS A, UM, THERE'S A BANK BEHIND THERE. 
          SO THEY HAD THE FENCE. 
          IT WAS ALREADY THERE WHEN I PURCHASED THE PROPERTY. 
          OKAY. 
          AND IT'S LIKE NINE FEET TALL. 
          UM, THE ONE ON THE LEFT SIDE IN WHICH I WAS TOLD WAS, 
          [01:35:01]
UM, I WASN'T IN COMPLIANCE. 
          MY NEIGHBOR IN FACT HELPED TO PURCHASE, YOU KNOW, THE MATERIALS AND LABOR FOR IT BECAUSE HIS PIT BULL WAS GOING THROUGH THE FENCE. 
          AND WITH HAVING TENANTS, I SAID, NO, NO, NO, NO, WE CANNOT HAVE THAT. 
          YOU KNOW, JUST FOR THE SAFETY REASONS. 
          ALSO, UM, FOR PRIVACY, UM, I HAVE A SWIMMING POOL THERE. 
          AND ALSO, UM, THE OTHER NEIGHBOR HAS SWIMMING POOL, SO IT PROTECTS, BUT THE MAIN THING IS THAT THE GRADY INK GOES ALL THE WAY DOWN. 
          SO, AS I READ, WHEN I WAS LOOKING AT, 'CAUSE I'M A LAW ABIDING CITIZEN, , YOU KNOW, IT GOES DOWN LIKE SIX FEET FROM DOWN. 
          AND SO I THOUGHT THERE WAS NO PROBLEM WITH IT. 
          PLUS RIGHT NEXT TO ME, HIS FENCE IS SEVEN FEET TALL. 
          AND, YOU KNOW, IT, TO ME IT WAS OKAY. 
          MY HOME IS VERY, UM, I TAKE PRIDE IN, IN OWNERSHIP OF IT, AND I WANT IT TO BE NICE, BUT MAINLY, YOU KNOW, I, I WANT IT TO BE SAFE. 
          AND IF A DOG'S GONNA JUMP OVER, 'CAUSE THEY CAN, I MEAN, WHEN THEIR PIT BULLS LADS, WHATEVER, THEY CAN JUMP NINE FEET HIGH AND THINGS. 
          AND SO TO KEEP THAT AND PROTECTION OF INFANTS CHILDREN, UM, RESIDING AT ANY TIME IN THIS HOME, RESIDENTIAL HOME, I WANT IT TO BE SAFE ALSO. 
          UM, ANOTHER BIG FACTOR IS, IS THAT, UM, HAVING PROBLEMS, UM, YOU COULD SEE ON THAT SIDE. 
          UM, WELL, I HAVE PICTURES HERE AND I, I KINDA MADE MY BOOK FOR Y'ALL . 
          UM, SO YOU COULD SEE THAT THEY HAVE A LOT OF, UH, OH, OKAY. 
          UM, THEY HAVE HEAVY EQUIPMENT AND EVERYTHING, AND OUTSIDE THEY HAVE A LOT OF, UH, WORKERS TO COME EVERY MORNING. 
          AND IT'S LIKE, UM, YOU KNOW, THEY'RE THERE ALL THE TIME AND TRASH AND EVERYTHING. 
          AND SO THAT'S BEEN A BIG NUISANCE. 
          AND YOU CAN SEE THAT TOO. 
          UM, I WENT AROUND TO THE NEIGHBORS. 
          UM, MANY OF THE NEIGHBORS AROUND THE NEIGHBORHOOD, THEY HAVE 10 FOOT NINE FOOT FENCES. 
          AND, UM, YOU KNOW, I, I WAS JUST REBUILDING THE FENCE THERE. 
          DIDN'T THINK THAT THERE WAS ANY PROBLEM BECAUSE I WAS IN ACCORDANCE WITH OTHER NEIGHBORS THAT HAVE HIGHER FENCES AND EVERYTHING. 
          SO I DIDN'T FEEL ANY PROBLEM. 
          UM, ALSO, I WENT TO THE NEIGHBORS SURROUNDING THE, UM, THE NEIGHBORHOOD. 
          AND, UM, THEY ALL SIGNED, UM, A FORM SAYING THAT THEY, THEY, UM, WERE IN FAVOR. 
          THEY DIDN'T MIND IT, YOU KNOW, AND IN FACT, ONE OF THE NEIGHBORS EVEN SAID THAT SHE WISHED THAT SHE COULD HAVE IT 'CAUSE SHE WOULD RATHER HAVE PROTECTION TOO. 
          UM, AND THEN I CAME ACROSS OTHER PEOPLE TALKING ABOUT, UM, YOU KNOW, THERE'S PROBLEMS IN THERE ABOUT DRUGS AND STUFF. 
          I WISH THEY WOULD DO IT. 
          YOU KNOW, THERE'S MORE THINGS TO CONSIDER THAN JUST A OFFENSE THAT MIGHT BE, YOU KNOW, A FEW INCHES HIGHER. 
          UM, AND ABOUT ALL THE TRASH IN THE BACKYARDS AND ABOUT RAT, UH, INFESTATION BECAUSE THEY'RE GOING THROUGH AND THAT'S ONLY LIKE TWO HOUSES DOWN OR THREE HOUSES DOWN. 
          AND SO THERE'S A LOT MORE PROBLEMS. UM, YOU KNOW, AND, AND WHEN YOU LOOK FROM THE, THAT'S NOT MINE, BUT WHEN YOU LOOK FROM THE FRONT OF THE HOUSE, YOU REALLY CAN'T SEE IT. 
          YOU KNOW, IT TAPERS DOWN. 
          AND THE OTHERS IT MIGHT EXTEND A FEW INCHES UP. 
          'CAUSE THE OTHER FENCE IS SEVEN FEET TALL. 
          AND IF I COULD, YOU KNOW, IF I NEED TO TAPER IT THAT WAY, I WILL DO IT TO THE SIX FOOT. 
          UM, YOU KNOW, WITH THE PRICE OF EVERYTHING, UM, THE LUMBER AND EVERYTHING, AND PEOPLE SAYING THEY WISH THEY HAD MORE PRO, YOU KNOW, PRIVACY, UM, THEY EMBRACED IT AND THOUGHT IT WAS A GOOD IDEA. 
          UM, I HATE TO BRING THIS UP, BUT, UH, I ALSO HAD A PROBLEM WITH, UM, ONE OF THE NEIGHBORS THAT KEPT, UM, PEEKING IN ON MY, MY TENANTS. 
          AND THEY MOVED OUT EARLY, A YEAR EARLY BECAUSE THEY HAD, UM, FEMALES, YOU KNOW, UM, A WIFE AND DAUGHTER AND EVERYTHING. 
          AND THAT NEIGHBOR WOULD TELL ME HOW HE'D LOOK OVER AND WOULDN'T SEE THEM SWIMMING SO OFTEN, OR THEM DRINKING THEIR BEER AND, YOU KNOW, SMOKING AND THINGS. 
          AND, AND I, I SAID, HEY, YOU KNOW, THEY'RE RENTING. 
          IT'S NONE OF MY BUSINESS WHAT THEY'RE DOING. 
          THEY'RE FINE. 
          THEY'RE LEGAL PEOPLE. 
          , YOU KNOW, UM, IT'S NONE OF YOUR BUSINESS. 
          AND SO FOR THAT REASON, ON THE OTHER SIDE, I HAD A, I PUT THE FENCE UP ALSO, AND THEY SAID IT WAS FINE TO PUT, UM, WELL ACTUALLY NOT, IT WAS A PRIVACY SCREEN BECAUSE IT'S 12 INCHES, SIX INCHES AWAY FROM THE FENCE LINE, WHICH STILL REMAINS THERE. 
          AND IT IS A, UM, CHAIN LINK FENCE. 
          SO I DID NOT CHANGE ANYTHING IF YOU, AND, YOU KNOW, THEY HAD COME OUT AND THEY WERE VERY, UM, LETTING ME KNOW THAT MAYBE THIS WOULD BE SOME CONSIDERATION 
          [01:40:01]
SO I WOULDN'T HAVE TO COME BACK HERE AGAIN. 
          UM, I, I'VE, YOU KNOW, UM, SEE, UM, I, I JUST, YOU KNOW, IT, IT, IT COSTS LOTS OF MONEY. 
          I KNOW YOU'RE AWARE OF IT TOO, AND THAT'S NOT MY MAIN REASON WHY I'M DOING IT. 
          YOU CAN SEE HOW THERE, IT'S SIX INCHES AWAY FROM THAT FENCE LINE THAT DIVIDES, THAT'S A FENCE THAT DIVIDES THE TWO PROPERTIES. 
          SO MINE IS A SCREEN AND IT'S FOR SAFETY REASON AND IT ALSO PROTECTS THE OTHER NEIGHBOR. 
          'CAUSE THEY HAVE A SWIMMING POOL TOO. 
          OKAY. 
          YOU KNOW, IN CASE. 
          AND SO, UM, THAT'S MY MAIN CONCERN. 
          ALL RIGHT. 
          THANK YOU VERY MUCH. 
          UM, IS THERE ANY QUE AND ALSO I GUESS THE SIGNATURES, THERE'S OVER, YOU KNOW, 25, 30 SIGNATURES OF PEOPLE SAYING YES, IT'S FINE. 
          AND THEY AGREE WITH IT. 
          AND I DO HAVE THOSE. 
          I, I DON'T KNOW IF HE PUT THOSE OUT. 
          I HAVE ALL THESE, YOU KNOW, AND, AND, UH, WHAT IF, IF YOU'D LIKE TO GIVE THOSE TO STAFF, WE, WE MAKE IT PART OF THE PERMANENT RECORD. 
          UM, BUT WE'LL HAVE TO KEEP THEM IF THAT'S OKAY. 
          , IT'S UP TO YOU. 
          CAN I MAKE COPIES OF THEM AND GIVE THEM TO YOU? YEAH, WE CAN TAKE A PICTURE OF IT. 
          I COULD. 
          I'D RATHER DO THAT BECAUSE THESE WERE TAKEN, YOU KNOW, LIKE A MONTH AGO, SO. 
          OKAY. 
          ALL RIGHT. 
          WELL, THANK YOU VERY MUCH. 
          IS UM, ANYONE SIGN UP TO SPEAK? YES, WE HAVE SOMEONE SIGN UP TO SPEAK. 
          OKAY. 
          UH, JOHN LAWRENCE, THANK YOU FOR YOUR TIME. 
          APPRECIATE IT. 
          THANK YOU. 
          I'M JOHN LORENZ. 
          I LIVE, UH, NEXT DOOR AT, UH, 86 11 NORWICH. 
          I GUESS I'M THE ONE THAT'S SUPPOSED TO BE THE, UH, THE ONE DRINKING BEER OUT IN THE BACKYARD AND THAT SORT OF THING. 
          I WOULD REMIND EVERYBODY THAT THOSE NEIGHBORS MOVED OUT BECAUSE THEY BOUGHT ANOTHER HOUSE. 
          THEY ALSO COMPLAINED THAT, UH, THIS PERSON WOULDN'T LET THEM GET OUT OF THEIR LEASE. 
          AND THE HOUSE SAT VACANT FOR SEVEN MONTHS. 
          SO I'M NOT EXACTLY SURE WHAT SHE'S TALKING ABOUT. 
          STARTING WITH THE PUBLIC INTEREST. 
          I HAVE SOME SLIDES. 
          LET'S, CAN WE DO, UH, PICTURE ONE? ALL THOSE PEOPLE ON THAT LIST, MOST OF THEM AREN'T EVEN ON THE, IN THE AREA, BUT THEY'RE ON THE STREET. 
          PERHAPS ONLY THREE PEOPLE CAN SEE THIS FENCE, THE SIDE FENCE. 
          SO ONLY THREE PEOPLE CAN SEE THE SIDE FENCE. 
          I GUESS IT'S COMING. 
          , HERE WE GO. 
          THERE'S THE SITE THAT THEY SENT US, THE SITE PLAN. 
          NOTICE THAT ON 15, AUGUST 20, THAT FIRST FENCE WAS BUILT ON OUR SIDE. 
          THAT'S THE NORTH SIDE. 
          IT, IT IS, WASN'T INCLUDED IN THIS AGENDA ITEM. 
          SO I'M VERY CONFUSED. 
          I DON'T KNOW WHAT'S SUPPOSED TO HAPPEN WITH THAT. 
          THAT'S THE ONE ON MY SIDE. 
          12 DECEMBER AFTER WE HAD FILED ALREADY WITH THE CODE PEOPLE, UH, THEY, SHE BUILT THE SECOND FENCE, UH, ON 12 DECEMBER INSTALLED NEITHER CASE WITH A PERMIT. 
          SO THIS IS NOT, YOU KNOW, AN ACCIDENTAL THING. 
          THIS IS INTENTIONAL. 
          THE POOLS ARE NOT MENTIONED IN THE CODE. 
          AND IT'S ALMOST LIKE WE'RE GRANTING SPECIAL PRIVILEGE FOR SWIMMING POOLS. 
          UH, THAT, UH, YOU KNOW, THERE'S A, THERE'S AMPLE ROOM IN THAT YARD THAT, THAT, UH, DRAWING THAT WAS SUBMITTED TO YOU IS OUT OF SCALE. 
          IT LOOKS LIKE THE POOL FILLS THE WHOLE BACKYARD. 
          IT DOESN'T. 
          THIS IS A THIRD ACRE LOT AND IT, THAT POOL IS AT LEAST 50 FEET PROBABLY FROM OUR FENCE LINE. 
          SO, UH, THERE, YOU KNOW, THERE'S NO WAY THERE. 
          THERE'S, UH, AMPLE ROOM THERE FOR INTERNAL FENCING IF THEY WANTED TO, OR PLANT HEDGES IF THEY WANT ADDITIONAL PRIVACY, UH, ON THAT, UH, THING. 
          THE SLOPE IS THE SAME FOR THE ENTIRE STREET. 
          IT RUNS FROM SATO CREEK UPWARDS. 
          SO EVERY OTHER PERSON ON THAT STREET, INCLUDING A LOT OF SWIMMING POOLS, ALL HAVE SIX FOOT FENCES. 
          THE CONCEPT OR THE STATEMENT THAT THIS, THAT THERE ARE OTHER SIX OR EIGHT FOOT FENCES IS BALONEY. 
          I'VE DRIVEN THAT STREET. 
          I'VE LOOKED FOR IT, AND I CAN'T FIND ANOTHER EIGHT FOOT FENCE EXCEPT THE BACK, UH, THE, THE BACK ONE THAT'S BEEN THERE NEXT TO THE BANK. 
          I WOULD MAINTAIN THAT THAT SIX FOOT FENCE ON THE OTHER PEOPLE IS GOOD ENOUGH FOR THEM. 
          WHY ISN'T IT GOOD ENOUGH FOR, FOR THE APPLICANT? NO NEED FOR EXTRA SECURITY. 
          NEXT ONE HERE. 
          MOST NEIGHBORHOODS WOULD BE HAPPY 
          [01:45:01]
TO HAVE THE CRIME RATE WE HAVE. 
          THIS IS, THIS IS THE OFF YOUR CITY OF SAN ANTONIO MAP. 
          LOOK AT WHERE WE ARE. 
          THERE'S NOTHING IN THE, IN THE STREET ITSELF. 
          THERE'S BEEN NO REPORTS. 
          AND BY THAT I WOULD ADD, I CHECKED FOR SEXUAL OFFENDERS. 
          THERE'S NOTHING THE NO ONE HAS COME TO MY HOUSE AND, AND SAID, THE POLICE ARE LOOKING AT YOU AS SOME KIND OF PEEPING TOM OR WHATEVER IT IS. 
          DRINKING BEER ON THE PATIO, SPYING ON PEOPLE AT, IN A SWIMMING POOL. 
          SO I, I, YOU KNOW, IF THEY DID, THEY SHOULD HAVE FILED A POLICE REPORT AND THERE'S BEEN NO POLICE REPORTS. 
          UH, NEXT ONE PLEASE. 
          IT DETRACTS FROM OUR HOME. 
          IT'S LOOKS GRAY ON THE OTHER SIDE, BUT ON OUR SIDE IT'S THIS UGLY ORANGE. 
          THIS IS THE PICTURE ON OUR SIDE. 
          THERE'S OUR POOL AND IT'S HARD TO MAIN. 
          UH, WELL, LET'S SEE. 
          IT'S, UH, LET'S GO TO THE NEXT ONE. 
          THIS IS A PICTURE OUT OF OUR BEDROOM WINDOW. 
          THIS IS WHAT WE SEE, UH, BECAUSE THE FENCE LINE IS SO CLOSE. 
          UH, THIS IS A 50 YEAR OLD NEIGHBORHOOD WITH EXPIRED COVENANTS. 
          YOUR CODE IS THE ONLY PROTECTION WE HAVE. 
          I DON'T EVEN THINK WE HAVE A, I DON'T KNOW OF A HOMEOWNER'S ASSOCIATION, SIR. 
          NEXT ONE, PLEASE, SIR. 
          IT'S, YOU'VE HAD YOUR TIME. 
          I'M GOING TO GIVE YOU ABOUT 20 OR 30 SECONDS JUST TO KIND OF WRAP IT UP. 
          OKAY. 
          THIS IS, THIS IS, THIS IS THEIR PARTY DECK NEXT DOOR. 
          THEY, THERE'S NO PRIVACY FOR US. 
          NEXT ONE, THIS IS THE OTHER HOUSE WITH, UH, SHE WANTS TO NOT HAVE A FENCE TO BECAUSE THESE PEOPLE ARE RUNNING A CONSTRUCTION COMPANY OR SOMETHING OUT OF THIS HOUSE. 
          WE BOTH AGREE ON THAT. 
          AND REALLY THE CODE PEOPLE OUGHT TO BE LOOKING AT THAT. 
          I DON'T KNOW IF THAT'S ILLEGAL OR NOT, BUT THERE'S, THERE'S BACKHOES AND STUFF COMING AND GOING ALL THE TIME. 
          SO THE VARIANCE, UH, ALSO FINALLY IS PRECEDENT FOR OTHER VARIANCES. 
          ONCE WE GET THAT EIGHT FOOT FENCE IN THERE, THERE'S PRECEDENT FOR MORE AND MORE AND MORE. 
          AND THE ONLY PROTECTION IS TO STOP IT BEFORE IT BEGINS. 
          THANK YOU. 
          THANK YOU. 
          THERE'S NO ONE ELSE SIGNED UP? NO. 
          OKAY. 
          DOES UH, ANYONE ON THE COMMISSION HAVE, UH, ANY QUESTIONS? NO. 
          COMMISSIONER ALBERT? YEAH, I HAVE A QUESTION FOR STAFF. 
          I JUST WANNA CLARIFY THE, UH, CHANGING ELEVATIONS. 
          UH, THIS LOT, THE CHANGING ELEVATION IS APPARENTLY FROM THE FRONT OF THE YARD TO THE REAR OF THE YARD. 
          SO IN MY UNDERSTANDING WOULD BE THAT THE JUSTIFICATION WOULD BE TO INCREASE THE HEIGHT OF THE FENCE AT THE REAR OF THE YARD IN THAT INSTANCE? YEAH. 
          THE, THE ELEVATION DOES CHANGE TOWARD THE REAR OF THE PROPERTY. 
          OKAY. 
          SO THE HAVING A LOWER REAR YARD DOESN'T JUSTIFY, OR DOESN'T REALLY CREATE AN EXCEPTION FOR RAISING THE SIDE FENCES. 
          SO OUR CODE DOES HAVE A PROVISION IN WHICH, UH, IF THE ELEVATION IS FOUR FEET OR GREATER, THEN THEY CAN GET, UH, A HIGHER FENCE BY, RIGHT. 
          IN THIS CASE IT'S NOT AT QUITE ELEVATED. 
          UH, SO IT DOES SLOPE TOWARDS, UH, THE AREA IN WHICH THEY WANT THE HIGHER FENCE IN ORDER FOR IT TO BE SORT OF EVENED OUT A ACROSS, UH, THE REAR FENCE THAT THEY GET A HIGHER, UH, FENCE FOR. 
          AND THEN THE OTHER SIDE, WHICH IS AT SIX. 
          COMMISSIONER BRAGMAN, THIS IS ACTUALLY FOR THE APPLICANT. 
          UH, MISS IF YOU CAN COME BACK UP. 
          THANK YOU. 
          UM, I NOTICED QUICKLY ON YOUR, UH, THE SIGNATURES THAT YOU RECEIVED MM-HMM. 
          , WAS THERE A SIGNATURE ON THERE FROM 8 6 1 5 NORWICH? YES, I HAVE TWO SIGNATURES ON THAT. 
          OKAY. 
          BECAUSE ON, ON OUR NOTIFICATION PLAN THAT THERE SHOWS A, AN OPPOSITION AT THAT SAME ADDRESS. 
          SO I'M JUST CURIOUS ABOUT THAT. 
          OH, I HAD DONE THIS PRIOR, AND THIS ISN'T SAFER. 
          I WENT OVER THERE AND THEY WERE, UM, THEY WERE VERY FEARFUL BECAUSE THEIR NEXT DOOR NEIGHBORS, IN FACT, THEY TOLD ME THAT THEY WISHED THEY COULD PUT AN EIGHT FOOT FENCE THERE. 
          AND, UM, THEY DIDN'T, THEY WERE, UH, WORRIED, YOU KNOW, BECAUSE THERE'S, THEY HAVE BEEN NEXT TO 'EM FOR SO LONG AND THEY KNOW HOW THE NEIGHBORS ARE, UH, FEARFUL WHAT THEY MIGHT SAY AND DO. 
          UM, NO, I DID NOT, UH, ACCUSE, UM, THE PERSON OF SITTING ON THE BACK PATIO DRINKING. 
          I SAID THAT HE HAD TOLD ME THAT THE TENANTS OF MY PROPERTY WERE DRINKING AND SO I'M NOT GOING TO, YOU KNOW, I WANTED TO CLARIFY THAT. 
          UM, ALSO THE BACK HEIGHT IS HIGHER. 
          IT GOES LIKE SIX FEET DOWN. 
          AND SO I WAS TRYING TO 
          [01:50:01]
BY WHAT'S, UH, I READ THE CODE AND I ALSO HAD CALLED INTO THE CODE AND TALK TO, UM, SOMEONE IN THE CODE AND IT SHOWS WHERE YOU, YOU CAN, UM, INCREASE IT. 
          SO IT'LL BE, THAT SHOWS ON BOTH SIDES. 
          AND SO THAT'S WHAT I WAS GOING ON AND I WAS JUST PUTTING UP THE REPAIRING THE FENCE THAT WAS THERE. 
          'CAUSE THE DOG HAD GONE LITERALLY THROUGH THE BOARDS OKAY. 
          PIT BULL. 
          AND I WAS OUT THERE BECAUSE, UM, THE TENANTS HAD LEFT EARLY A YEAR, BROKEN THE LEASE EARLIER. 
          AND THAT WAS BECAUSE OF THE REASONS I HAD STATED BEFORE, BECAUSE THEY WERE BEING INTRUDED UPON, AND OF COURSE, YES. 
          OKAY. 
          THEY DID PURCHASE ANOTHER PROPERTY. 
          DID SHE ANSWER YOUR QUESTION? UM, ACTUALLY, I, I HAVE A FOLLOW UP FOR, FOR STAFF. 
          YES. 
          WHAT'S THE DIFFERENCE IN TIMING OF WHEN THE, UM, NOTICES ARE SENT OUT TO THE, UH, NEIGHBORHOOD WITHIN 200 FEET AND THEN THE, THE TIMING OF WHEN THE SIGNATURES WERE COLLECTED SINCE, SINCE THIS IS AN X ON THE SAME PROPERTY AS THAT LIST OF IN FAVOR, I'M JUST CURIOUS ABOUT THE, THE TIMING OF WHEN THIS WOULD'VE GONE OUT COMPARED TO WHEN HER SIGNATURES WERE COLLECTED. 
          OUR NOTICES ARE SENT APPROXIMATELY TWO WEEKS BEFORE THE HEARING. 
          UH, SO AT LEAST TWO WEEKS AGO THEY WENT OUT IN THE MAIL. 
          UH, WHEN THE NOTICE WAS RECEIVED, UM, WE'D HAVE TO LOOK AT THE POSTMARK ENVELOPE, BUT THEY WOULD'VE GOTTEN THE NOTICE AT LEAST A LITTLE LESS THAN TWO WEEKS AGO. 
          OKAY. 
          AND THEN DID THE APPLICANT, YOU SAID THAT YOU COLLECTED THOSE SIGNATURES ABOUT A MONTH AGO? MM-HMM. 
          ? YES, MA'AM. 
          OKAY. 
          JUST CURIOUS WHY THEY SAID YES AND THEN SAID NO. 
          PARDON? WELL, THAT'S BECAUSE WHEN, YES, UH, YOU NEED SPEAKING TO THE MIC, PLEASE. 
          IT'S OKAY. 
          , THANK YOU. 
          UM, MY UNDERSTANDING WHEN I WENT THERE, SHE SAYS, YOU KNOW, UM, THE DAUGHTER WHO WASN'T THE OWNER TOO, BECAUSE THEY BOTH UNDERSTOOD AND SHE WENT AND SHE CLEARLY EXPLAINED WHAT WAS GOING ON AND SHE SAID, YOU KNOW, I HATE TO DO THIS BECAUSE THEY'VE BEEN NEIGHBORS FOR US A LONG TIME. 
          OF COURSE I MOVED IN PRIOR TO THEM, AND SO, BUT THEY'RE RIGHT NEXT TO 'EM. 
          AND SHE GOES, YOU KNOW, I'M ALL FOR IT. 
          YOU KNOW, UM, PRISCILLA, WHICH IS HIS WIFE, HAD GONE OVER TO TALK TO HER AND SAY SOMETHING ABOUT IT AND SHE SAYS, YOU KNOW, I DIDN'T SEE ANY PROBLEM WITH IT, YOU KNOW, IN FACT, I'D LIKE TO HAVE ONE ON MY SIDE. 
          AND SHE SIGNED IT AND HER MOTHER SIGNED IT. 
          SO THANK YOU VERY MUCH. 
          IS THERE ANY OTHER QUESTIONS? COMMISSIONER MENCHACA? OH YEAH. 
          I WANT TO CLARIFY SOMETHING THAT, UH, THE BACK FENCE, WOULD IT BE HIGHER THAN THE SIDE FENCES, YOU KNOW, BUT IT WOULD STAND UP LIKE TWO FEET, SOMETHING REALLY ODD. 
          OR IS IT FLUSH WITH A LEFT AND RIGHT OR LEFT AND RIGHT FENCE? IS IT A FLUSH FENCE IF THEY PUT EIGHT FEET AND THE OTHER ONE'S ON THE RIGHT, IT'S FLUSH THE TOP, THE LEVEL, THE HEIGHT. 
          SO WE'RE PULLING UP THE PICTURES FOR YOU NOW. 
          SO AS YOU CAN SEE THERE, THERE IT, IT'S FLUSH WITH, UH, THE OTHER FENCE. 
          MM-HMM. 
          . 
          AND, AND THE REASON I ASK THAT, BECAUSE, UM, EVERY TIME I SEE A WORD SIGNIFICANT OR APPEARS LIKE AN ALL OF THAT, AND YOU GOT FOUR FEET DIFFERENCE FROM THE FRONT TO THE BACK ON DROP. 
          CORRECT. 
          SO, NO, WHAT WE WERE SAYING IS THAT IF IT'S FOUR FEET OR MORE THAN YOU CAN DO A FENCE BY RIGHT. 
          WITHOUT HAVING TO GO TO THE BOARD OF ADJUSTMENT. 
          RIGHT. 
          BUT THE, UH, THE CHANGE, UH, IN ELEVATION IS NOT THAT SIGNIFICANT. 
          OKAY. 
          IN ORDER TO GET IT BY. 
          RIGHT. 
          HE STATED THAT HE SAID IT WAS AN EXCESS OF FOUR FEET. 
          SO I WROTE THAT DOWN AND I SAID, OKAY, WHAT IS THIS GOING HERE? SO, BUT AGAIN, SHE WANTS TO EIGHT FOOT ALONG THE WHOLE PROPERTY, ALONG THAT WHOLE SIDE PROPERTY LINE. 
          SO YOU COULD GRADUALLY DO IT RIGHT BY. 
          RIGHT. 
          BUT IF YOU WANT TO HAVE A, A THE SAME SHAPE, CONSISTENT, THE SAME HEIGHT, CONSISTENCY MM-HMM. 
          , UH, THEN YOU HAVE TO COME TO THE BOARD FOR THAT. 
          RIGHT. 
          THANK YOU. 
          OKAY. 
          UH, ANY OTHER QUESTIONS? SO, MAN, MR. SO, SO I GUESS JUST AGAIN CLARIFYING, SO, SO IS IT THE CASE THAT THE UH, BACK LINE OF THE FENCE IS FOUR FOOT LOWER THAN THE HOUSE? IT, IT MAY BE POSSIBLE, YES. 
          SO THAT, SO A SMALL PORTION OF THAT FENCE COULD BE, UH, ALLOWED WITH A HIGHER FEET, BUT BECAUSE SHE WANTS IT TO BE CONSISTENT ALONG THAT SIDE PROPERTY LINE, SHE HAS TO COME TO THE BOARD FOR THE REST OF IT. 
          RIGHT. 
          AND BY RIGHT. 
          UM, THE BACK LINE CAN BE EIGHT FOOT SIMPLY BECAUSE THERE'S A, A BUSINESS BEHIND IT. 
          CORRECT? CORRECT. 
          OKAY, THANK YOU. 
          ALRIGHT, ANY OTHER QUESTIONS? UH, HOLD ON, MA'AM. 
          UH, HEARING NONE, UH, WHAT WE'RE GONNA DO NOW IS WE'RE GONNA, UH, GIVE YOU AN OPPORTUNITY, YOU GOT A COUPLE MINUTES IF YOU WANT TO PROVIDE ANY CLOSING REMARKS, ANY ADDITIONAL INFORMATION YOU THINK WE SHOULD KNOW BEFORE WE DELIBERATE. 
          SO GO AHEAD. 
          YES, SIR. 
          UM, AS YOU CAN SEE ON THIS PICTURE WHERE HIS FINGER, CAN YOU SPEAK INTO THE MIC PLEASE? I'M SORRY. 
          . 
          OKAY, I'M SORRY I'M NOT USED. 
          IT'S, I'M, AS YOU CAN SEE ON THE PICTURE WITH THE, UM, BEHIND, 
          [01:55:01]
YOU CAN SEE THE LARGE OFFICE BUILDING, IT GOES UP LIKE 20 STORIES OR WHATEVER. 
          OKAY. 
          SO RIGHT HERE, UM, THIS IS THE BACK FENCE, MA'AM. 
          YOU GOTTA, YOU GOTTA, I'M SORRY, . 
          OKAY. 
          THIS IS THE BACK FENCE AND IT WAS, UH, SUPPLIED BY THE BANK COMMERCIAL. 
          OKAY. 
          YOU CAN SEE OVER HERE, THIS FENCE IS LOWER. 
          IT'S A DIFFERENT MATERIAL. 
          IT DROPS DOWN IN THE CORNER. 
          HARD TO SEE THERE, BUT IT DOES. 
          AND THEN YOU CAN SEE HOW, SEE HOW THE BRICKS ARE UP HERE. 
          THAT GOES UP AT LEAST THREE FEET HIGH. 
          THAT'S NOT THE ONLY, THEN YOU GO UP HERE AND IT GOES UP ANOTHER, UM, UH, TWO AND A HALF FEET, THEN YOU GO AGAIN AND IT GOES UP ANOTHER TWO AND A HALF FEET UP TO THE BACKYARD. 
          AND SO MY YARD DOES DROP DOWN CONSIDERABLY AND YOU CAN SEE AS THE STAIRS GO DOWN TOO. 
          SO IT MIGHT NOT LOOK THAT IN ONE PLACE, BUT IT DOES DESCEND DOWN. 
          AND THAT'S WHY GOING OFF OF THIS, THE ALLOWANCE FOR THAT, I, I APOLOGIZE. 
          I THOUGHT THAT IT WAS IN, YOU KNOW, ACCORDANCE THAT IT WAS OKAY. 
          AND I DID NOT NEED TO HAVE THIS. 
          BUT SINCE I DO, I'M HERE. 
          OKAY. 
          THANK YOU. 
          ALL RIGHT. 
          WITH THAT IS ANY, OH, I'M SORRY, GO AHEAD. 
          ONE LAST THING FOR THE SAFETY, YOU KNOW OF, OF THE TENANTS AND THEIR PRIVACY, THAT'S WHY I'M ASKING FOR THIS. 
          ALRIGHT, THANK YOU VERY MUCH. 
          THANK YOU. 
          UH, IS THE COMMISSIONER LIKE TO MAKE A MOTION ON THIS TEAL? COMMISSIONER TEAL, THANK YOU VERY MUCH. 
          RECORDING CASE NUMBER BO A DASH 21 DASH 3 7 7. 
          I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, A TWO FOOT SPECIAL EXCEPTION FROM THE SIX FOOT MAXIMUM FENCE HEIGHT TO ALLOW AN EIGHT FOOT SOLID SCREEN FENCE IN THE SIDE YARD, SITUATED AT 8 6 0 7 NORWICH STREET. 
          APPLICANT BEING PAUL GRIFFITH. 
          BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. 
          SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. 
          THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION. 
          THE ADDITIONAL FENCE HEIGHT IS INTENDED TO PROVIDE ADDITIONAL SAFETY AND PRIVACY FOR THE PROPERTY AS THEY ARE ABUTTING A COMMERCIALLY ZONED PROPERTY AND THEIR LOT CONTAINS UNIQUE ELEVATION CHANGES. 
          B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. 
          THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. 
          AN EIGHT FOOT SOLID SCREEN FENCE ALONG THE SIDE YARD ON THE PROPERTIES FOR NORWICH DOES NOT POSE ANY ADVERSE EFFECTS TO THE PUBLIC WELFARE. 
          C THE NEIGHBORING PROPERTY WILL NOT BE NEIGHBORING, PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. 
          THE BOARD FINDS THAT THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY 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 THE LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. 
          THE ADDITIONAL HEIGHT FOR THE SECTION OF SIDE YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND WILL PROVIDE SECURITY AND PRIVACY OF THE DISTRICT. 
          E. 
          THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. 
          THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME. 
          THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT INTO MOTION. 
          IS THERE A SECOND? SECOND. 
          SECOND. 
          BY COMMISSIONER MANNA. 
          COMMISSIONER THIEL. 
          I'LL BE IN SUPPORT OF THIS. 
          UH, I THINK ESPECIALLY WITH ELEVATION CHANGES IN A POOL. 
          UM, EIGHT, EIGHT FOOT AND ABUTTING A COMMERCIAL ZONE. 
          I, I THINK EIGHT FOOT'S APPROPRIATE IN THIS CASE. 
          THANK YOU. 
          COMMISSIONER MANNA. 
          I CONCUR WITH MY COLLEAGUE. 
          ANYONE ELSE LIKE TO ADD COMMISSIONER ALBERT? YEAH, THIS, THIS IS AN INTERESTING FENCE. 
          UM, AN EIGHT FOOT FENCE WON'T STOP A DOG FROM GOING THROUGH A FENCE. 
          UH, A FENCE THAT'S BUILT INSIDE OUT CREATES A GREAT WAY FOR, UH, YOU KNOW, SOMEBODY THAT YOU DON'T WANT IN YOUR BACKYARD TO CLIMB THE FENCE. 
          'CAUSE THE RAILS WOULD MAKE PERFECT STEPS TO CLIMB OVER THE FENCE SO THAT DOESN'T INCREASE SAFETY OR SECURITY. 
          UH, THE NEIGHBOR FEELS THAT HIS, UH, HIS RIGHTS HAVE BEEN DIMINISHED BY THIS TALL FENCE. 
          UH, BUT THEN AGAIN, WE DO HAVE A POOL, WHICH IS ENTITLED, I THINK, TO PRIVACY. 
          AND WE DO HAVE A SUBSTANTIAL ELEVATION CHANGE. 
          SO, UH, JUST TAKING ON ITS FACE VALUE OF THE ELEVATION CHANGE IN THE POOL, UM, I WILL SUPPORT IT, BUT I ENCOURAGE, UH,  THIS APPLICANT AND OTHER APPLICANTS TO THINK ABOUT THE, THE, THE REAL GOALS OF SAFETY AND SECURITY, IF THAT'S WHAT YOU'RE AFTER. 
          THIS FENCE DOESN'T NECESSARILY ACCOMPLISH THAT. 
          THANK YOU. 
          ANYONE ELSE? COMMISSIONER MINCHA? OKAY, THAT'S FINE. 
          I JUST HAVE A STATEMENT OF WHAT THE OPPOSITION PRESENTED TO US. 
          HE SAID THAT THE FENCE WAS 
          [02:00:01]
ON THE SIDE OF HIS PROPERTY LINE. 
          AND SO IS THIS REPLACING THAT FENCE ON HIS PROPERTY LINE OR IS THIS A FENCE ON HIS, HER SIDE? SO YOU'LL HAVE FENCES BACK TO BACK. 
          IS THAT A, IS THAT A THING TO DISCUSS OR NOT? WELL, THE, THE, I THINK BOTH FENCES ARE TO REMAIN, BUT THE APPLICANT BUILT A FENCE ON HER PROPERTY. 
          SO, I MEAN, THAT'S, HE, THE OTHER PERSON CAN REMOVE THE CHAIN LINK IF THEY WANTED TO. 
          JUST FOR CLARIFICATION. 
          IT WAS JUST STATEMENT. 
          YES, SIR. 
          SO ANYONE ELSE, A HEARING NON STAFF, PLEASE TAKE A ROLL CALL VOTE. 
          MR. THI YES, I CONCUR. 
          MR. MANNA. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          MS. KAPLAN. 
          I CONCUR. 
          MR. ALBERT. 
          I CONCUR. 
          MR. MACHACA. 
          I CONCUR. 
          MS. INGLES? I CONCUR. 
          MS. CRUZ? YES, I CONCUR. 
          MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. 
          MR. VASQUEZ. 
          I CONCUR. 
          MR. A ZUNA? YES, I CONCUR. 
          CHAIR ORIAN. 
          I ALSO CONCUR. 
          MOTION PASSES 11 TO ZERO CAN GET WITH STAFF AND THEY'LL TALK TO YOU ABOUT, UH, IF YOU HAVE ANY QUESTIONS. 
          ALL RIGHT. 
          DOES ANYBODY NEED A BREAK? OKAY, WE'RE GONNA TAKE A BREAK UNTIL THREE 10. 
          SEE EVERYBODY IN EIGHT MINUTES. 
          I'M CALLING THE MEETING BACK TO ORDER. 
          UH, THE NEXT ITEM WE'LL BE HEARING, I'M, I'M GONNA BE USING MY DISCRETION TO BUMP ITEM NUMBER NINE UP. 
          SO STAFF, IF YOU COULD PLEASE, UH, PRESENT ITEM NINE. 
          GOOD AFTERNOON. 
          GOOD AFTERNOON. 
          HELLO? HELLO. 
          OKAY, GOOD AFTERNOON. 
          UM, ITEM NUMBER NINE IS FOR CASE BOA DASH 22 DASH 0 3 0 0 0 0 7. 
          LOCATED AT 4 26 WEST OR POSA WITHIN COUNCIL DISTRICT ONE, THE APPLICANT BEING JOLENE BURLEY JAMESON IS A REQUEST FOR FOUR SIX, UH, EXCUSE ME, 4 6 6 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT WITH A TWO INCH OVERHANG AND GUTTERS TO BE SIX INCHES FROM THE SIDE PROPERTY LINE. 
          THE ZONING FOR THE PROPERTY IS R FOUR, SINGLE FAMILY RESIDENTIAL. 
          THE SUBJECT PROPERTY IS LOCATED ALONG WEST MARIOSA, NEAR SAN PEDRO AVENUE. 
          THE CONSTRUCTION OF THE, UH, CARPORT HAS COMMENCED AND IT WAS ATTACHED TO THE SIDE OF THE EXISTING RESIDENT WITHOUT OBTAINING A BUILDING PERMIT. 
          THERE IS A CODE EN, UH, ENFORCEMENT INVESTIGATION THAT WAS OPENED AND THE CODE OFFICER INSTRUCTED THE PROPERTY OWNER TO OBTAIN A BUILDING PERMIT FOR THE CARPORT. 
          UPON APPLYING FOR THE BUILDING PERMIT, THE APPLICANT WAS ADVISED TO APPLY FOR A VARIANCE BECAUSE THE STRUCTURE WAS ENCROACHING INTO THE SITE SETBACK. 
          UPON THE SITE VISIT CONDUCTED BY STAFF, THE CARPORT WAS OBSERVED TO MEET THEM. 
          MINIMUM REQUIRED FRONT SETBACK, HOWEVER, ONLY MAINTAINED SIX INCHES FROM THE SIDE PROPERTY LINE. 
          THE U D C REQUIRES A CARPORT TO MAINTAIN A MINIMUM FRONT SETBACK OF 10 FEET. 
          UM, AND THEN FIVE FEET TO THE SIDE PROPERTY LINES. 
          THIS IS A SITE PLAN THAT WAS SUBMITTED BY THE APPLICANT. 
          THIS IS A SUBJECT PROPERTY, UH, CARPORT LOCATED TO THE SIDE OF THE EXISTING RESIDENCE. 
          THIS IS THE INTERIOR OF THE CARPORT. 
          THERE WAS A SIMILAR CARPORT FOUND ON THE PROPERTY NEXT DOOR. 
          AND THIS IS ANOTHER SIMILAR CARPORT FOUND IN THE AREA. 
          THIS IS A SURROUNDING AREA. 
          SURROUNDING AREA. 
          SO STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION OF A FOUR FOOT VARIANCE TO ALLOW CARPORT TO BE ONE FOOT FROM THE SIDE PROPERTY LINE BASED ON THE FOLLOWING FINDINGS. 
          OF FACT, THE CARPORT IS SIX INCHES FROM THE SIDE PROPERTY LINE PRESENTING A SAFETY RISK TO THE PUBLIC. 
          AND TWO, THE CARPORT CAN MAINTAIN ONE FOOT SIDE SETBACK AND STILL BE FUNCTIONAL WITH AN ADJUSTED WIDTH OF 10 FEET, TWO INCHES. 
          AND THREE, ADJUSTING THE CARPORT TO MAINTAIN ONE FOOT SIDE SETBACK ALIGNS WITH THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED. 
          THERE WERE 36 NOTICES MAILED ZERO IN FAVOR, ZERO OPPOSED. 
          WE DID NOT RECEIVE A RESPONSE FROM EDISON NEIGHBORHOOD ASSOCIATION, NOR NORTHMORE NEIGHBORHOOD ASSOCIATION. 
          THIS CONCLUDES STAFF'S PRESENTATION. 
          STAFF IS AVAILABLE TO ANSWER ANY QUESTIONS AND THE APPLICANT IS PRESENT. 
          THANK YOU. 
          UH, ONE QUICK, UH, CLARIFICATION ON THE AGENDA AND ON THE MO, UH, MOTION SKELETON, UH, IT, IT USES REFERENCES THE FRONT PROPERTY LINE THAT IS NOT IN ANY WAY PART OF THIS, RIGHT? IT'S ONLY SIDE. 
          IT, IT IS NOT. 
          YEAH, SHE, HE MEETS THE MINIMUM FRONT SETBACK. 
          APOLOGIZE FOR THAT ERROR. 
          THANK YOU. 
          THANKS. 
          ALRIGHT. 
          IS, IS, UH, THE APPLICANT PRESENT? 
          [02:05:01]
GOOD AFTERNOON. 
          GOOD AFTERNOON. 
          I, I DO HAVE A PICTURE I'D LIKE TO PRESENT, BUT I NEED IT TO GO IN THE SURE. 
          EYE THE SKY. 
          IF YOU COULD, IF YOU COULD STATE YOUR NAME AND ADDRESS FOR THE RECORD. 
          I'M JOLYN LEBLANC BURLEY. 
          NOW JAMISON, THE ADDRESS OF THE PROPERTY IS 4 2 6 WEST MARIOSA. 
          THANK YOU. 
          BUT IT'S NOT MY PRIMARY RESIDENCE. 
          DO YOU NEED MY, OKAY, THAT'S FINE. 
          SO, UM, EMBARRASSED TO SAY THAT THE GENTLEMAN I HIRED TO BUILD THE CARPORT DID NOT PULL A PERMIT WHEN IT WAS BROUGHT TO MY ATTENTION. 
          I THEN STARTED THE PROCESS TO PULL THE PERMIT AND THEN LEARNED THAT WHILE WE WERE TRYING TO MAINTAIN, UM, THE LINE ON THE, AS THE ASPHALT THAT WAS THERE, UH, WE MISSED IT BY THE SIX INCHES OR SO. 
          SO WE'RE, WE'RE ASKING, I'M ASKING TO KEEP IT IN PLACE. 
          UM, I WENT OVER YESTERDAY AND TOOK THE PICTURES. 
          MY NEIGHBOR WAS, UH, CUTTING BACK HER ROSE BUSHES AND SHE HAS A LOT OF FOLIAGE, ALTHOUGH THEY DID NOT SUR SURVIVE THIS LAST FREEZE. 
          BUT I WAS ASKING IF THEY HAD ANY OPPOSITION, IF THEY WERE CONCERNED ABOUT IT. 
          AND THEY MENTIONED THAT THEY HAD NOT RETURNED THE NOTICE, BUT THEY DID NOT HAVE ANY CONCERNS. 
          SO I WAS JUST ASKING TO MAINTAIN THE STRUCTURE AS IT IS NOT TO HAVE TO GO BACK AND, UM, INCUR ADDITIONAL DOLLARS TO MOVE IT. 
          SO I'M AVAILABLE TO ANSWER ANY QUESTIONS. 
          THANK YOU VERY MUCH. 
          THANKS. 
          UH, STAFF, ANYONE SIGN UP TO SPEAK OR ANY VOICEMAILS? NO. 
          ALL RIGHT. 
          UH, IS THERE ANY QUESTIONS FROM THE COMMISSION FOR THE APPLICANT? UH, ZUNA, COMMISSIONER ZUNA, JUST A QUESTION ON THE, UH, THE CONSTRUCTION MATERIAL. 
          I MEAN, ONE OF THE ISSUES IS KIND OF FIRE ISSUE HERE, AND IF IT'S, IT LOOKS LIKE IT'S A METAL TYPE STRUCTURE. 
          IT IT IS FOR THE LIKELIHOOD OF IT BURNING IS NO, IT'S, UH, WELL, I GUESS METAL WILL EVENTUALLY IF IT'S HOT ENOUGH, BUT IT'S A METAL STRUCTURE. 
          THE POSTER METAL, THE TOP IS A STANDING SEA METAL, AND IT DOES NOT DRAIN ON MY NEIGHBOR'S PROPERTY. 
          IT DRAINS ON OUR PROPERTY. 
          YOU SO, SO THE GUTTERS IN TERMS OF WHICH WAY DOES THE, THE RAIN FLOW OR THE WATER FLOW? WELL, LET ME, CAN I SHOW YOU? 'CAUSE I DON'T, I'M NOT SURE OF THE DIRECTION. 
          WHICH WAY DOES MOD? SO, UM, THE, AND LET ME CLOSE UP THE PICTURE. 
          YOU CAN MOVE THIS LASER. 
          OKAY, THANKS. 
          OH, THIS ONE. 
          THANKS. 
          IT IT FLOWS IN THIS DIRECTION. 
          DRAINS IN THIS DIRECTION. 
          THE FRONT. 
          YES. 
          SO I'M STANDING, UM, ON THE DRIVE CLOSEST TO MARIOSA. 
          ANY OTHER QUESTIONS? OH, THANKS MR. MANNA. 
          NO. 
          ALL RIGHT. 
          UM, . 
          ALL RIGHT. 
          I, UH, IF THERE'S NOTHING ELSE, UH, SOMEONE WOULD LIKE TO MAKE A MOTION ON THIS, PLEASE. 
          BRAGMAN COMMISSIONER BRAGMAN. 
          GIMME A MINUTE TO FIND IT. 
          UM, CAN YOU SPEAK A LITTLE CLOSER TO YOUR MIC? IT SOUNDS A LITTLE ECHOEY. 
          SURE. 
          REGARDING CASE NUMBER B O A TWO TWO DASH 1 0 3 7, I MOVE THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A FOUR FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK TO ALLOW CARPORT TO BE WITH A TWO INCH OVERHANGING, GUTTERS TO BE SIX INCHES FROM THE FRONT PROPERTY SITUATED AT FOUR TO SIX WEST MARIPOSA. 
          APPLICANT BEING JALIN, UH, BURLEY JAMESON BECAUSE OF THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH, THERE ARE LITTLE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIPS. 
          SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. 
          THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. 
          THE REQUEST TO ALLOW AN ATTACHED CARPORT TO BE SIX INCHES FROM THE SIDE PROPERTY LINE IS NOT CONTRARY TO THE PUBLIC INTEREST. 
          TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. 
          THE BOARD FINDS THAT ANY SPECIAL CONDITION THAT IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP. 
          BY IMPOSING A LITERAL ENFORCEMENT OF A FIVE FOOT SIDE SETBACK, A CAR PUT CARPORT COULD NOT BE BUILT ON THIS PROPERTY. 
          THREE, BY GRANTING THE VARIANCE, THE 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. 
          SUBSTANTIAL JUSTICE WILL BE DONE BY ALLOWING THE CARPORT TO BE BUILT SIX INCHES FROM THE SIDE PROPERTY LINE. 
          FOUR. 
          THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE SOUGHT IS LOCATED. 
          THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. 
          FIVE. 
          SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING 
          [02:10:01]
PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. 
          THE PROPOSED STRUCTURE DOES NOT CAUSE ANY CONCERN AND DOES NOT APPEAR TO BE SUBSTANTIAL. 
          INJURE SUBSTANTIALLY INJURE THE USES OF ADJACENT CONFORMING PROPERTIES OR THE CHARACTER OF THE NEIGHBORHOOD. 
          THE PROPERTY IS WITHIN A NEIGHBORHOOD WHERE CARPORTS ARE COMMONLY FOUND IN THE SIDE YARD. 
          SIX. 
          THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. 
          AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. 
          THE BOARD FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. 
          THE CONFIGURATION OF THE RESIDENCE ON THE LOT AND LOT SIZE PREVENTS THIS, THE DEVELOPMENT OF A CARPORT WITH A FIVE FOOT SIDE SETBACK. 
          THEREFORE, CIRCUMSTANCES ARE NOT MERELY FINANCIAL. 
          END OF MOTION. 
          SECOND. 
          SECOND BY COMMISSIONER THIEL. 
          COMMISSIONER BRAGMAN. 
          UH, YEAH, I THINK BASED UPON THE FACT THAT THE CARPORT IS METAL, I DON'T SEE AN ISSUE WITH A SAFETY HAZARD AND WITH THE, UM, WATER DRAINING FORWARD TO THE STREET, IT'S NOT AFFECTING THE NEIGHBOR. 
          SO I'LL BE IN SUPPORT OF THE MOTION. 
          COMMISSIONER THIEL. 
          I'M IN AGREEMENT WITH MY COLLEAGUE AL BE IN SUPPORT. 
          IS THERE ANY OTHER COMMISSIONS YOU'D LIKE TO ADD? COMMISSIONER MACHACA? I'M IN AGREEMENT ALSO. 
          UH, BUT CAN WE HAVE THE NAME OF THE BUILDER FOR THE RECORD? THE ONE WHO DID YOUR CONSTRUCTION WORK? YEAH. 
          CAN I, CAN I SUBMIT IT? MM-HMM. 
          . 
          OKAY. 
          ALL RIGHT. 
          AND THERE'S NO ONE ELSE. 
          STAFF, PLEASE TAKE A ROLL CALL. 
          VOTE MS. BRAGMAN. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          MR. TILL? YES, I CONCUR WITH THE FINDINGS OF FACT. 
          MS. KAPLAN. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          MR. ALBERT. 
          I CONCUR. 
          MR. MACHACA. 
          I CONCUR. 
          MS. INGLES I CONCUR. 
          MS. CRUZ I CONCUR. 
          MR. MANO. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          MR. VASQUEZ. 
          I CONCUR. 
          MR. OZUNA. 
          I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. 
          I ALSO CONCUR WITH THE FINDINGS OF FACT. 
          MOTION PASSES UNANIMOUSLY. 
          CONGRATULATIONS. 
          IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. 
          ALL RIGHT. 
          ITEM FIVE, PLEASE. 
          AGENDA ITEM, AGENDA ITEM NUMBER FIVE. 
          UH, BO O A 22 DASH 1 0 3 0 0 0 0 4 ADDRESSED AT 1611 SOUTH BEAVERS CITY COUNCIL. 
          DISTRICT NUMBER TWO, APPLICANT IS I S R O ENGINEERING SERVICES. 
          P L L C. 
          REQUEST FOR A VARIANCE FROM THE FRONTAGE REQUIREMENT TO ALLOW RESIDENTIAL LOT TO FRONT ON A COLLECTOR STREET. 
          ZONING IS RESIDENTIAL MIX. 
          SUBJECT PROPERTY IS LOCATED ALONG SOUTH AVER STREET AND ESSEX STREET AND IS CURRENTLY SITS AS A VACANT LOT. 
          APPLICANT IS REQUESTING A VARIANCE FROM THE FRONTAGE REQUIREMENT TO ALLOW FRONTAGE FROM, FOR A SINGLE FAMILY RESIDENTIAL. 
          LOT TO FRONT ON A COLLECTOR STREET UPON SITE VISITS. 
          STAFF OBSERVE SOME LOTS WITH SIMILAR ENTRANCE TO ENTRANCES OFF THE COLLECTOR STREET, BUT MOST OF THE ENTRANCES ON THE LOCAL CLASSIFIED STREET SUBJECT PROPERTY. 
          THIS IS THE, UH, SUBJECT PROPERTY. 
          UM, OH, CAN YOU GO BACK TO THAT LAST ONE? THAT ONE RIGHT THERE. 
          SO ON THIS ONE, UM, WHEN WE WENT OUT THERE, WE MET THE APPLICANTS. 
          AS YOU COULD SEE, THAT FENCE LINES KIND OF PUSHED IN A LITTLE. 
          IT'S 'CAUSE THERE'S A BAR ACROSS THE STREET AND THOSE CARS KEEP HITTING THAT FENCE AND ALMOST KNOCKING IT OVER. 
          UH, THE APPLICANT WANTED TO MAKE SURE I HAD MENTIONED THAT DURING THE, UH, PRESENTATION, UH, KEEP GOING. 
          THIS IS GONNA BE OFF OF THE COLLECTOR STREET. 
          SO AVER STREET WOULD BE TO THE LEFT RIGHT THERE. 
          UM, AND THEN THIS IS THE RESIDENTIAL, UH, LOT PROPERTY ACROSS THE STREET. 
          AND THEN THIS IS, UH, ALSO ANOTHER PICTURE OF THE COLLECTOR STREET SURROUNDING AREA. 
          AND THIS IS THE, UH, THIS IS ESSEX STREET. 
          SO THIS WOULD BE THE LOCAL STREET LOT FRONTAGE VARIANCE. 
          STAFF RECOMMENDS DENIAL IN B O A 22 103 0 0 4 BASED ON THE FOLLOWING FINDINGS OF FACT. 
          UM, ONE THAT THE PLAN CAN BE REVISED TO PLACE DRIVEWAY ACCESS FROM EXIT STREET, WHICH WOULD BE PERMITTED. 
          TWO. 
          THERE DO NOT APPEAR TO BE ANY UNIQUE CIRCUMSTANCES ON THE PROPERTY THAT WOULD PREVENT THE REORIENTATION OF THE DEVELOPMENT PLANS. 
          25 NOTICES WERE MAILED OUT. 
          THERE WAS ONE RETURNED IN FAVOR. 
          THERE WAS ZERO IN OPPOSITION. 
          AND DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN FAVOR. 
          THIS CONCLUDES STAFF'S 
          [02:15:01]
PRESENTATION. 
          THANK YOU. 
          IS THE APPLICANT PRESENT? RIGHT. 
          IF YOU COULD STATE YOUR NAME AND ADDRESS FOR THE RECORD. 
          MY NAME IS OSCAR RODRIGUEZ. 
          I'M SORRY. 
          CIVIL TEXAS FOUR EIGHT B CAPES COVE. 
          AND OUR ATTENTION TODAY IS OBVIOUSLY, YOU KNOW, TRYING TO DO THE ENTRANCE THROUGH GIVERS. 
          WE DO BROUGHT SOME PICTURES. 
          THAT'S A NORMAL NIGHT ON A WEEKEND ON EEC. 
          AND ONE OF THE REASONS WE'RE DOING THIS IS THAT'S ACTUALLY THE CORNER IS EEC WITH THE GIVERS. 
          I'M AT THE STOP SIGN. 
          YOU CAN SEE SOME OF THE TRUCKS ACTUALLY BLOCKING THE, THE VIEW ON THE LEFT SIDE. 
          THERE'S SOME ON THE, GOING TO THE RIGHT SIDE ON THE GIVERS. 
          THAT'S ALL GIVERS. 
          THOSE ARE PICTURES FOR GIVERS. 
          SO THE PROPOSALS ON DOING THE ENTRANCE THROUGH GIVERS TO HAVE, YOU KNOW, A LITTLE BIT SAFETY FOR THE HOMEOWNERS GOING IN AND OUT. 
          WE KNOW THAT GIVERS IS A COLLECTOR ROAD, BUT HAVING SOMETHING THROUGH GIVER, UH, EEC IS PROBABLY HIGHLY A SAFETY ISSUE, PULLING IN AND OUT. 
          IF WE DO A 20 FOOT ON THE BACKSIDE BACK WITH A CONNECTOR, THAT WAY THEY CAN PULL IN AND OUT THROUGH THE BACK. 
          SO, UH, I THINK FOR A SAFETY AND HAZARD, THAT'S WHY WE'RE, UH, PUSHING, HOPEFULLY GET A VARIANCE ON THROUGH THE ENTRANCE THROUGH GIVERS. 
          OKAY. 
          UM, MS. STAFF, HAS ANYONE SIGNED UP TO SPEAK OR ANY VOICEMAILS? WE DO HAVE, UH, ONE VOICEMAIL TO PLAY. 
          ALL RIGHT. 
          UH, UH, WE MAY ASK YOU BACK UP FOR QUESTIONS. 
          NO PROBLEM. 
          THANK YOU. 
          PLEASE PROCEED. 
          MY NAME IS SANTA FERNANDEZ, I LIVE AT 1102 ESSEX. 
          THE CASE NUMBER IS B O A DASH 22 1 0 3 0 0 0 4. 
          I'M CALLING TO SAY THAT I AM FOR THE NEW OWNERS TO BUILD NEW HOMES ACROSS THE STREET FROM MY HOUSE TO, UH, PARKING ON THE DEAVER SIDE IS NOT A PROBLEM BECAUSE WE PARK, MY HUSBAND AND I PARK ON THE DEAVER SIDE STREET. 
          THANK YOU. 
          ALL RIGHT. 
          SO IS THERE ANY QUESTIONS FOR THE APPLICANT? BRAGMAN COMMISSIONER BRAGMAN, SIR? SO I'M LOOKING AT THE SITE PLAN AND UM, IF WE CAN PULL THAT UP. 
          THANK YOU. 
          UM, SO IT APPEARS THAT, THAT THESE FOUR UNITS HAVE GARAGES THAT FACE GSS. 
          IS THAT CORRECT? THAT'S CORRECT. 
          SO IN ORDER TO, UM, REROUTE, UM, A DRIVEWAY TO ESSEX, WOULD YOU HAVE TO THEN FLIP THESE PROPERTIES? SO THE, THE GARAGE IS ON THE BACK. 
          WE WOULD HAVE TO REDO EVERYTHING. 
          AND THEN LIKE THE OTHER GENTLEMAN SAID, UH, ONE OF THE PREVIOUS THAT WERE HERE, IT'LL COST A LOT MORE 'CAUSE WE HAVE TO DO, UH, 20 FOOT, UH, CONCRETE ON THE BACK. 
          MM-HMM. 
           AND OBVIOUSLY, YOU KNOW, IT WILL COST A LOT MORE SO FOR SAFETY AS WELL. 
          AND THEN COST EFFECT AS WELL. 
          UH, WE, THAT'S WHY THE ENTRANCES ARE THROUGH THE FRONT, THAT PROPOSED ONES. 
          AND I HAVE ENOUGH TURN RADIUS COMING OUT OF THE GARAGES INTO THE DRIVEWAY. 
          INTO THE DRIVEWAY. 
          GOT IT. 
          ALRIGHT, THANK YOU. 
          YOU'RE WELCOME. 
          ANY OTHER QUESTIONS? MANNA, COMMISSIONER MANNA? SO, SO A QUESTION I JUST HAVE FOR, UH, JI. 
          SO IT LOOKS LIKE THERE'S A LOT OF ON STREET PARKING REALLY ALL AROUND THAT, THAT COMMUNITY THERE. 
          SO, UM, DO YOU THINK IT PRESENTS ANY PROBLEMS HAVING DRIVEWAYS SET UP THERE? UH, AND POTENTIALLY PEOPLE PARKING BETWEEN THE DRIVEWAYS, I GUESS? OR WILL THEY HAVE THAT OPPORTUNITY OR WHAT'S GONNA KEEP THEM FROM DOING THAT? PRETTY MUCH. 
          IT'S A, IT'S A STREET. 
          IT'S A PUBLIC STREET, SO THEY'RE GONNA BE PARKING ANYWAY. 
          IT IS A BUSINESS, YOU KNOW, THAT'S A BIG PROBLEM, THE COMMERCIAL ACROSS THE STREET TO ACTUALLY PULL IN AND OUT THROUGH GIVERS AS WELL. 
          SO IT'S PRETTY MUCH THEY'LL BE PARKING ANYWHERE. 
          THE, YOU SEE SOME OF THEM ARE STILL PARKING ON GIVERS, WHICH IS A COLLECTIVE STREET AND IT'S NARROWING DOWN THE TRAFFIC THERE BECAUSE THEY'RE PARKING ON EITHER ON BOTH SIDES OF THE CAVER STREET AS WELL. 
          AND YOU THINK THE, UM, RESIDENTS THAT POTENTIALLY LIVE HERE WILL BE OKAY BACKING OUT ONTO THAT COLLECTOR STREET? UM, YOU KNOW, BEING THE DRIVEWAY'S RIGHT THERE, WE MET WITH NUMEROUS OF THEM. 
          ONE OF THEM IS A RIGHT ACROSS, ONE OF 'EM IS A RIGHT ACROSS THE STREET. 
          GENTLEMAN DID, UH, EXPRESS THAT, UH, HE ACTUALLY PARKS THROUGH GIVERS. 
          HIS DRIVEWAY IS ON GIVERS AS WELL. 
          UH, THE OTHER ONE, CATTYCORNER, HIS DRIVEWAY IS ON GIVERS AS WELL. 
          UH, HE'S ONE ALSO WE SPOKE TO AND SUPPORTS IT. 
          SO THERE ARE SEVERAL HOUSES IN THE AREA THAT ARE HALF, UH, GIVERS ENTRANCES, SO APPARENTLY SKILLED TO BE DEVELOPED. 
          BUT, UH, THANK YOU. 
          OKAY. 
          ALL RIGHT. 
          ANY OTHER QUESTIONS? COMMISSIONER SHANKA SIM? I JUST HAVE A SIMPLE ONE. 
          UH, ON THE, ON THE DRIVEWAYS AS YOU'RE GOING IN AND OUT, 
          [02:20:01]
IS THERE SOME SORT OF FENCING IN THE FRONT OR IS THERE BE TREES IN BETWEEN TWO PROPERTIES? WILL THERE BE TREES IN BETWEEN THE TWO PROPERTIES TO PREVENT ANY KIND OF DRIVING OFF FROM THE, ON THE, UH, IN BETWEEN PROPERTIES WILL BE A FENCE AND ALSO IN THE FRONT. 
          SO EVERYTHING WILL BE PRIVATELY THERE. 
          EVERYBODY HAVE A FRONT AND THEY'LL HAVE A BACKYARD AS WELL. 
          OKAY, THANK YOU. 
          OKAY. 
          ALRIGHT. 
          I HAVE SOME QUESTIONS. 
          UH, I'M GOING TO, IF YOU COULD STAY UP HERE, I A COUPLE FOR STAFF. 
          UH, FIRST OF ALL, UM, G GEVERS IS SHOWN TO BE A SINGLE LANE WITH A FOUR FOOT, UH, BIKE LANE ON EITHER SIDE. 
          ARE YOU ALLOWED TO BLOCK THE BICYCLE LANE LIKE THAT ON A COLLECTOR STAY A TRACK  PULLED YEAH. 
          PULLED THE MEETING, HAD TO WAIT. 
          UM, NO. 
          UM, BY PUBLIC WORKS AND BIKE FACILITIES, THE, THERE SHOULD BE NO PARKING ALONG OR ON TOP OF BIKE FACILITIES. 
          OKAY. 
          SO, I MEAN, I'M LOOKING ON STREET VIEW. 
          OBVIOUSLY PEOPLE ARE DOING IT. 
          I ALSO SAW SOME PEOPLE PARK, THEY PUT SOME BRICK PAVERS DOWN BEHIND THE CURB AND THEY MADE THEIR OWN LITTLE PARKING SPACE IN THE RIGHT OF WAY. 
          THAT PROBABLY WASN'T PERMITTED, SIR. 
          I CAN IMAGINE. 
          YEAH. 
          GO THROUGH. 
          YEAH, GOOGLE MAPS, JUST LIKE I THINK Y'ALL HAD, JOSH SHOWED A PROPERTY THAT DID HAVE A, A SECONDARY ACCESS OR A SECONDARY STRUCTURE. 
          SO WE STILL SEE ALL THE PRIMARY ALONG THAT STRETCH OF GSS, ALL THEIR PRIMARY ACCESS IS OFF THE LOCAL STREETS. 
          YEAH, THAT'S THOSE ACCESSES OFF OF G'S OR ACCESSORY UNITS OR ACCESSORY ACCESS POINTS THAT ISN'T THE PRIMARY. 
          SO FOR THESE FOUR UNITS THAT HAVE PRIMARY ACCESS OFF OF THE COLLECTOR, THAT'S RESIDENTIAL DRIVEWAY AND RESIDENCE REVERSING ONTO A COLLECTOR ROADWAY. 
          RIGHT. 
          AND THEN A QUESTION FOR, ANOTHER QUESTION FOR STAFF IS, UH, FROM THE PROPERTY LINE TO THE FACE OF THE GARAGE, IT DOESN'T LOOK LIKE YOU GOT 20 FEET THERE. 
          IS THAT ALLOWED? THEY'RE ONLY REQUIRED ONE PARKING SPOT SO LONG AS THEY'RE USING THE PARKING GARAGE, THEY MEET PARKING. 
          BUT I THOUGHT IF YOU PROVIDED A DRIVEWAY YOU HAD TO HAVE 20 FEET. 
          IS THAT NOT TRUE? YEAH, THEY'RE REQUIRED THE 20 FEET SETBACK TO THE GARAGE. 
          OKAY. 
          SO I HAVE A QUESTION FOR THE ENGINEER. 
          UH, FROM THE PROPERTY LINE TO THE FACE OF GARAGE, I AM, IT LOOKS LIKE YOU GOT 10 FEET. 
          MM-HMM. 
          , IS THAT, IS THAT A TRUE STATEMENT BECAUSE YOU HAVE AN EASEMENT SHOWN THERE, IT LOOKS LIKE IT'S LIKE A C P S EASEMENT OR SOMETHING? YES, 10 FEET. 
          OKAY. 
          SO IF IT HAS TO BE 20 AND THE BUILDING HAS TO SKEW BACK, IS THERE GONNA BE A REAR SETBACK PROBLEM OR IS THERE GONNA BE SOME OTHER ISSUE THAT'S GONNA CAUSE THIS SITE PLAN TO NOT BE SOMETHING THAT, THAT, THAT IS, UH, YOU KNOW, BUILDABLE. 
          I'LL HAVE TO REVIEW THAT WITH THE ENGINEER. 
          OKAY. 
          'CAUSE PART OF THIS IS IS THAT, YOU KNOW, YOU'RE ASKING FOR ACCESS. 
          SO THE SITE PLAN IS NO CONTENTION IN THIS CASE. 
          IT'S SIMPLY A CASE WHETHER OR NOT CAN ACCESS THE COLLECTOR. 
          IS THAT TRUE? CORRECT. 
          OKAY. 
          SO I I DIDN'T KNOW IF ANYBODY FOLLOWED WHAT I WAS ASKING, BUT OKAY. 
          SO WITH THAT, I'M, I'M, THAT'S ENOUGH FOR ME. 
          IS THERE ANYBODY ELSE WHO WANTS TO ASK A QUESTION BEFORE WE MOVE ON? OKAY. 
          HEARING NONE, UH, YOU GOT A MINUTE OR TWO IF YOU WANT TO GIVE ANY CLOSING REMARKS OR ANYTHING YOU WANT US TO KNOW BEFORE WE DELIBERATE? NO, THAT'S, THAT'S PRETTY MUCH, UH, WHAT I WANTED TO SAY. 
          UH, I'LL GET BACK, I'LL CHECK ON THAT. 
          ON THE, ON THE FRONT, LIKE YOU SAID, IT'S 10 FOOT, SO IT REQUIRED A 20. 
          YEAH, I HAVE TO HAVE 20. 
          OKAY. 
          SO I'LL CHECK WITH THEM MEAN I DON'T THINK WE'LL BE HAVING PROBLEMS AS LONG WE DON'T HAVE ANY PROBLEMS IN THE BACK. 
          AND YEAH, I MEAN I WAS ONLY LOOKING 'CAUSE I THINK ON THE R FOUR YOU HAVE A 10 FOOT REAR SETBACK. 
          I, YES. 
          SO IT LOOKS LIKE YOU MIGHT BE ABLE TO FIX THAT. 
          SO I'M PRETTY SURE THEY DID EVERYTHING THROUGH THE, YOU KNOW, THE CODES AND GUIDELINES. 
          SO YES SIR. 
          I'LL HAVE TO CHECK WITH THEM. 
          ALL RIGHT, THANK YOU. 
          SO WITH THAT AS SOMEONE I'D LIKE TO MAKE A MOTION, TEAL COMMISSIONER TEAL, REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 0 0 0 0 4. 
          I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR VARIANCE FROM THE FRONTAGE REQUIREMENT TO ALLOW FRONTAGE FOR RESIDENTIAL LOT TO FRONT ON A COLLECTOR STREET SITUATED AT 1 6 1 1 SOUTH KEEVER STREET, APPLICANT BEING I S R O ENGINEERING SERVICES, P L L C. 
          BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. 
          SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. 
          PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. 
          THE REQUEST IS TO ALLOW RESIDENTIAL STRUCTURES TO HAVE A FRONTAGE LOCATED ON A COLLECTOR STREET, DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST. 
          AS THE APPLICANT HAS ADEQUATE SPACE FOR A DRIVEWAY APPROACH. 
          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 HAVE TO REDESIGN THE PLANS WITH A COMMON ENTRYWAY FOR ALL FOUR DWELLING UNITS, WHICH MAY NOT SERVE AS THE BEST ACCESS. 
          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 FRONTAGE REQUIREMENT IS TO ALLOW ACCESS FROM A LOCAL STREET. 
          THE ACCESS OFF 
          [02:25:01]
OF GE SOUTH GE STREET APPEARS TO OBSERVE THE SPIRIT OF THE ORDINANCE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. 
          THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. 
          FIVE. 
          SUCH A 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 FRONTAGE REQUIREMENT ON A COLLECTOR STREET FOR THE PROPOSED DEVELOPMENT DOES NOT POSE RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. 
          SIX. 
          THE PLIGHT OF THE OWNER 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 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 OWNER IS SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS ITS CORNER LOCATION AND INDIVIDUAL ACCESS TO EACH DWELLING UNIT WOULD BE MORE SUITABLE THAN HAVING A SHARED DRIVEWAY FOR FOUR UNITS END MOTION. 
          THANK YOU. 
          IS THERE A SECOND? SECOND. 
          SECOND BY COMMISSIONER MANNA. 
          COMMISSIONER THIEL? YES. 
          UH, I ALWAYS A PROPONENT OF, UH, IN PHIL DEVELOPMENT, I THINK, UH, IN INGRESS AND EGRESS VIA GS IS, IS APPROPRIATE AND THEN THERE'S PRECEDENT FOR THAT. 
          SO I'LL BE IN SUPPORT. 
          THANK YOU. 
          COMMISSIONER MANNA. 
          I CONCUR WITH MY COLLEAGUE. 
          UM, I THINK ALSO, UH, THAT WE HAD COMMUNITY SUPPORT AS WELL AS, UH, NEIGHBOR SUPPORT. 
          UH, I'LL BE VOTING FAVOR. 
          THANK YOU. 
          ANYONE ELSE LIKE TO CHIME IN? HEARING NONE? STAFF PLEASE TAKE A ROLL CALL. 
          VOTE. 
          MR. THIEL. 
          YES, I CONCUR WITH THE FINDINGS OF FACT. 
          MR. MANNA. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          MS. KAPLAN. 
          I CONCUR. 
          MR. ALBERT I CONCUR. 
          MR. MACHACA I CONCUR. 
          MS. INGLES I CONCUR. 
          MS. CRUZ I CONCUR. 
          MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. 
          MR. I VASQUEZ, I CONCUR. 
          MR. ZNO, I CONCUR. 
          CHAIR ORIAN. 
          I ALSO CONCUR. 
          MOTION PASSES UNANIMOUSLY. 
          IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. 
          ALL RIGHT. 
          ITEM SIX. 
          WANT ME TO DO IT? OKAY, ADAM, NUMBER SIX IS A CASE BO O A 22 103 0 0 0 2. 
          SUBJECT PROPERTY IS LOCATED AT 1659 NORTH CENTER STREET WITHIN COUNCIL DISTRICT TWO. 
          THE APPLICANT IS BRETT HENKE. 
          THE REQUEST IS FOR A TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A RESIDENTIAL STRUCTURE TO BE TWO FEET SIX INCHES FROM THE SIDE PROPERTY LINE. 
          THE ZONING OF THE PROPERTY IS R FOUR SINGLE FAMILY. 
          THE SUBJECT PROPERTY IS A SINGULAR LOT LOCATED AT THE CORNER OF NORTH CENTER STREET AND NORTH WALTERS STREET. 
          UM, THEY ARE PROPOSING TO BUILD A DWELLING TWO FEET, SIX INCHES FROM THE SIDE PROPERTY LINE. 
          UM, IN DECEMBER OF LAST YEAR, UM, A VARIANCE DID COME BEFORE THE BOARD FOR A SIX INCH VARIANCE. 
          UM, THE APPLICANT DID RECEIVE A NEW SURVEY THAT SHOWED THAT THERE WAS TWO FEET OF THE WITH OF THE LOT TAKEN AWAY. 
          SO THEY DO NEED TO ADJUST THE VARIANCE TO TWO FEET SIX INCHES IN ORDER TO MAINTAIN THE WIDTH OF THEIR PROPOSED DWELLING. 
          SO THIS IS THE SITE PLAN. 
          SO THAT CORNER, ALL THREE OF THESE LOTS CAME BEFORE THE BOARD ON DECEMBER, IN DECEMBER OF 2021. 
          SO NOW WE ARE ONLY LOOKING AT THIS CORNER LOT. 
          UM, FOR THE ADJUSTED VARIANCE, THIS IS THE SUBJECT PROPERTY AND THE SURROUNDING AREA. 
          STAFF RECOMMENDS APPROVAL IN B O A 22 1 0 3 0 0 0 2 BASED ON THE FOLLOWING FINDINGS. 
          UH, ONE THE VARIANCE IS FOR THE PROPOSED RESIDENTIAL STRUCTURE TO ENCROACH TWO FEET SIX INCHES INTO THE SIDE SETBACK ALONG NORTH WALTER STREET. 
          TWO, THIS LOT IS LOCATED ON THE CORNER AND THE REDUCED SETBACK WILL BE FACING, UM, NORTH WALTER STREET. 
          AND THREE, THE VARIANCES WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND WILL OBSERVE THE SPIRIT OF THE ORDINANCE. 
          STAFF MAILED 30 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET. 
          NONE ARE RETURNED IN FAVOR, NONE IN OPPOSITION, AND THERE IS NO RESPONSE FROM THE JEFFERSON HEIGHTS NEIGHBORHOOD ASSOCIATION, THE APPLICANT'S PRESENT, AND WE ARE AVAILABLE FOR ANY QUESTIONS. 
          THANK YOU. 
          UH, AS THE APPLICANT, PLEASE COME FORWARD. 
          STATE YOUR NAME AND ADDRESS FOR THE RECORD. 
          [02:30:06]
IT'S BRETT HENICK. 
          UH, 1 4 1 DAN U SAN ANTONIO, TEXAS 7 8 2 1 3. 
          ALL RIGHT. 
          YOU CAN MOVE THE MIC UP IF YOU COULD. 
          OH YEAH, YEAH. 
          KAYLA SUMMED IT UP PRETTY WELL. 
          I JUST, UM, WE WENT TO GO PIN THE, UM, FLAG THE PINS AND THAT ONE LOT ON THE SIDE WAS TWO FOOT, SO TWO FOOT DIFFERENCE. 
          AND, UH, I MEAN, UM, I'M SORRY, MY SURVEYOR WENT TO GO FLAG AND HE, HE FOUND AN OLD PLATT THAT WAS, UH, IT SHOWED THAT ALONG WALTERS WAS ONLY 23 FEET WIDE AND APPARENTLY ALL UP ALONG WALTERS, THE CITY TOOK LIKE TWO FEET FOR, I DON'T KNOW, SIDEWALKS OR, OR WHATEVER. 
          SO ANYWAYS, UM, I, I LOST TWO FEET, SO ON THAT SIDE, SO MY RIGHT SETBACK WOULD BE TWO FOOT SIX INCHES IF I WAS GRANTED THAT. 
          OKAY. 
          UH, IS THERE ANY, UH, ANYBODY SIGN UP TO SPEAK OR ANY VOICEMAILS? NO, THERE'S NO ONE. 
          ALRIGHT. 
          SO IS THERE ANY, UH, COMMISSIONER QUESTIONS FOR THE APPLICANT? OKAY, I HAVE A QUESTION. 
          UH, I'M LOOKING AT GOOGLE STREET VIEW ON WALTERS. 
          YOU HAVE SINGLE PHASE ELECTRIC THAT IS RIGHT ON THE, THE BACK OF THE SIDEWALK. 
          UM, ARE, ARE YOU SUBMITTING, HAVE YOU, HAVE YOU SUBMITTED A PLATT FOR THIS? CURRENTLY? A, A PLATT YOU TO BREAK IT UP INTO THREE LOTS? IT'S ALREADY, IT'S ALREADY, IT ALREADY. 
          OH, IT ALREADY IS PLATTED. 
          YEAH. 
          OKAY. 
          ALL RIGHT. 
          AND WHERE ARE YOU GETTING, UH, POWER FROM? UH, THE FRONT. 
          FROM THE FRONT? YEAH. 
          ALL RIGHT. 
          IS THAT OFFICE CENTER STREET? WHERE, WHERE I'M GOING WITH THAT IS, I, YOU KNOW, IT'S ONE THING IF YOU'RE CLOSE TO A UTILITY POLE, IT'S ANOTHER THING IF YOU'RE TWO FEET AWAY FROM A UTILITY POLE. 
          UM, IT JUST SEEMS, UH, I, I, YEAH. 
          SO, ALL RIGHT. 
          SO WITH THAT, UH, IS THERE ANY OTHER QUESTIONS BEFORE WE MOVE FORWARD? I, I JUST MAKE SURE KAPLAN YEAH, I, I'M JUST CURIOUS ON YOUR PLOT PLAN. 
          I DON'T UNDERSTAND WHAT IS, I ASSUME ALL THE AREA IN GRAY IS THE BUILDING, BUT YOU HAVE LIKE THESE DRAWINGS OF SQUARES AND RECTANGLE IN THERE. 
          WHAT IS THAT MEANT TO BE? SO THE AC UNITS WERE ON THE RIGHT SIDE. 
          AND SO, BECAUSE I HAD TO SQUEEZE THE, THE, UH, SETBACK ON THE RIGHT SIDE, I HAD TO FLIP THE AC UNITS TO THE LEFT SIDE AC UNITS? YEAH. 
          NO, NO. 
          OH, OVER THERE. 
          THAT'S, SO THERE'S AN ALLEY ON THE BACK. 
          THAT'S THE DRIVEWAY COMING BACK TO THE GARAGE. 
          THAT'S THE GARAGE RIGHT THERE? YEAH. 
          OH, THAT'S THE GARAGE? YES. 
          OKAY. 
          YOU KNOW, I JUST THOUGHT OF SOMETHING ELSE. 
          STAFF. 
          UM, THIS IS, IF IT'S ALREADY THREE LOTS AND THE LOTS ARE SUPPOSED TO BE 25 FEET EACH. 
          IS THIS LAST LOT, 22 AND A HALF FEET AFTER THE, THE RIGHT OF WAY DEDICATION? YES. 
          AND WHAT WAS IT? WHY, WHAT WHAT INITIATED THE RIGHT OF WAY DEDICATION BECAUSE IT WAS NO PLAT SUBMITTED. 
          DID THE CITY DO A TAKING? YEAH, THAT'S, THAT'S WHAT I BELIEVE, SO, YEAH. 
          OKAY. 
          AND IS THAT, DOES THAT CAUSE ANY PROBLEMS WITH THE ZONING AND THE LOT WIDTH? NO, THESE ARE NON-CONFORMING LOTS OF RECORD. 
          OKAY. 
          AND SO HE, HE QUALIFIES FOR A C O D. 
          ALL RIGHT. 
          JUST WANNA MAKE SURE. 
          THANK YOU. 
          UH, IF THERE'S NOTHING ELSE, UH, I'M LOOKING FOR A MOTION THI COMMISSIONER THIEL REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 0 0 0 2. 
          I MOVE THAT THE BOARD OF ADJUSTMENT GRANTER REQUEST FOR A TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE TWO FOOT SIX INCHES FROM THE EASTERN SIDE PROPERTY LINE SITUATED AT 1 6 5 9 NORTH CENTER STREET. 
          APPLICANT BEING BRETT HENNEKE. 
          BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY AS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. 
          SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. 
          THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. 
          THE REQUEST FOR A TWO FOOT SIX INCH VARIANCE ALONG THE EASTERN SIDE PROPERTY LINE IS NOT CONTRARY TO THE PUBLIC INTEREST. 
          TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. 
          THERE APPEAR TO BE SPECIAL CONDITIONS THAT WOULD RESULT IN AN UNNECESSARY HARDSHIP BY IMPOSING A LITERAL ENFORCEMENT, THE CONSTRUCTION WOULD NEED TO BE TO MEET THE FIVE FOOT SIDE SETBACK WOULD ALTER THE DESIGN OF THE RESIDENCE. 
          THREE. 
          BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. 
          THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. 
          THE INTENT OF THE SETBACKS IS TO PROVIDE SPACING BETWEEN NEIGHBORING STRUCTURES, WHICH IS OBSERVED AS THE VARIANCE IS ALONG A SIDE PROPERTY LINE THAT IS ABUTTING. 
          NORTH WALTERS STREET FOR THE VARIANCE WILL NOT AUTHORIZE AN OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT 
          [02:35:01]
IS LOCATED. 
          THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. 
          FIVE. 
          SUCH A VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. 
          THE REQUEST TO REDUCE THE SIDE SETBACK DOES NOT POSE THE RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. 
          SIX. 
          THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. 
          AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. 
          THE BOARD FINDS THAT THE APPLIED TO THE PROPERTY OWNER IS SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO A SMALL SIZE OF THE LOT. 
          END OF MOTION. 
          SECOND. 
          SECOND. 
          SECOND. 
          BY COMMISSIONER BRAGMAN. 
          COMMISSIONER THIEL. 
          UH, YES. 
          I'M BEING SUPPORTIVE OF THIS, UM, VERY UNIQUE CASE IT SEEMS LIKE TO ME. 
          AND, UH, YOU KNOW, I WISH HIM LUCK WITH THE PROJECT COMMISSIONER BRAGMAN. 
          I CONCUR WITH MY COLLEAGUE. 
          UH, THIS IS A NON-CONFORMING LAW. 
          AND SO, UM, IN ORDER TO SUPPORT, UM, FILL INFILL, UM, I THINK THE VARIANCE IS APPROPRIATE. 
          SO I'LL BE IN SUPPORT OF THE MOTION. 
          ANYONE ELSE? UH, I'M GONNA SAY THAT I'M ALSO IN SUPPORT AND I WANTED TO CORRECT A PREVIOUS STATEMENT I MADE. 
          THE POWER IS ON THE OPPOSITE SIDE OF WALTERS, NOT THIS SIDE. 
          AND, AND, AND SO I TAKE NO ISSUE WITH THIS STAFF. 
          PLEASE TAKE A ROLL CALL. 
          VOTE. 
          MR. THIEL. 
          YES, I CONCUR WITH THE FINDINGS OF FACT. 
          MS. BRAGMAN. 
          I CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          MR. ALBERT. 
          I CONCUR. 
          MR. MACHACA. 
          I CONCUR. 
          MS. INGLES I CONCUR. 
          MS. CRUZ I CONCUR. 
          MR. MANNA. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          MR. BASQUEZ. 
          I CONCUR WITH FINDINGS OF FACT. 
          MR. ZUNA? YES, I CONCUR. 
          CHAIR ORIAN. 
          I ALSO CONCUR WITH THE FINDINGS OF FACT. 
          MOTION PASSES UNANIMOUSLY. 
          CONGRATULATIONS. 
          YOU CAN GET WITH STAFF IF YOU HAVE ANY QUESTIONS. 
          ALL RIGHT, ITEM NUMBER SEVEN. 
          UM, ITEM NUMBER SEVEN B 8 2 2 1 0 3 0 0 0 5 LO LOCATED AT 2 3 4 IRVINGTON DRIVE AND COUNCIL DISTRICT NUMBER 10. 
          UM, THE APPLICANT BEING DARRELL APPLING. 
          A REQUEST FOR A ONE FOOT NINE INCH SIDE SETBACK VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW DETACHED STRUCTURE WITH SEVEN INCHES OVERHANG TO BE THREE, THREE FEET, THREE INCHES AWAY FROM THE SIDE PROPERTY LINE. 
          UM, THE CURRENT ZONING IS R FOUR RESIDENTIAL SINGLE FAMILY. 
          SO THE SUBJECT PROPERTY IS LOCATED ON 2 34 IRVINGTON. 
          UM, THE APPLICANT IS PROPOSING TO CONVERT A DETACHED GARAGE INTO AN ACCESSORY DETACHED DWELLING UNIT. 
          UM, THE STRUCTURE IS CURRENTLY ENCROACHING INTO THE SITE SET BACK. 
          UM, THERE'S A PICTURE OF THE SITE PLAN, THE SUBJECT PROPERTY, AND WITH THE GARAGE IN THE BACK SURROUNDING VIEWS, UH, PICTURE OF A MEASUREMENT OVERHANG, UH, THIS IS THE REAR OF IT. 
          NOTE THAT THERE IS AN ALLEYWAY THERE BEHIND THE STRUCTURE. 
          THE, THE GARAGE ITSELF. 
          SO STAFF RECOMMENDS APPROVAL AND BO O A 2 2 1 0 3 0 0 0 0 5 BASED ON THE FOLLOWING FINDINGS. 
          OF FACT, DETACHED STRUCTURE IS CURRENTLY EXISTING AND IS THREE FEET, THREE INCHES AWAY FROM THE SIDE PROPERTY LINE. 
          AND THE STRUCTURE CURRENTLY MEETS THE MINIMUM REAR SETBACK REQUIREMENT AND REQUIREMENTS FOR ACCESSORY DETACHED DWELLING UNIT. 
          AND THE STRUCTURE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. 
          SO, UM, SO THIS IS UPDATED. 
          SO THE 29 NOTICES MAILED, UM, TWO IN FAVOR, ONE IN OPPOSITION INSIDE THE 200 FEET RADIUS. 
          FIVE IN OPPOSITION OUTSIDE THE 200 FEET RADIUS. 
          AND THERE'S NO RESPONSE FROM TERRELL HEIGHTS ASSOCIATION. 
          THAT CONCLUDES, UM, STAFF PRESENTATION AND THE APPLICANT IS PRESENT. 
          THANK YOU. 
          THE APPLICANT. 
          PLEASE COME FORWARD. 
          STATE YOUR NAME AND ADDRESS FOR THE RECORD. 
          LADIES AND GENTLEMEN, GOOD AFTERNOON. 
          MY NAME IS DARRELL APPLING. 
          I'M THE, THE OWNER AND RESIDENT OF 2 34 IRVINGTON DRIVE. 
          UH, ZIP CODE 2 8 7 0 9 OR 2 7 8 2 0 9. 
          UH, THE PURPOSE OF THE CONVERSION IS, UH, I HAVE AN AUTISTIC SON AND HE ASSUME I, I HAVE TWO CHILDREN THAT HAVE, UH, LEARNING DISABILITIES. 
          ONE OF 'EM IS, UH, UH, PRE-EXISTING T B I FROM BIRTH. 
          THE OTHER ONE IS AUTISTIC. 
          THE PURPOSE OF CONVERSION IS TO USE THIS AS AN INDEPENDENT LIVING DOMICILE FOR THE PURPOSE OF TEACHING THESE CHILDREN THE ACTS OF DAILY LIVING. 
          UH, MY WIFE AND MY FAMILY ARE CURRENTLY RESIDING IN GERMANY. 
          I'VE JUST GOTTEN HERE MYSELF. 
          I'VE BEEN HERE SINCE JANUARY 5TH. 
          UH, ALL I'M ASKING FOR BASICALLY IS PERMISSION TO USE THAT DOM, USE THAT GARAGE AS IT SITS TO 
          [02:40:01]
TURN IT INTO A, BASICALLY A HOUSE FOR MY KIDS. 
          UH, I HAVE, WELL, Y'ALL HAVE SEEN PRETTY MUCH THE OLD DECK. 
          THERE WE GO. 
          THE PICTURE I HAVE ON HAND IS BEFORE, BEFORE I CLEARED THAT SIDE OUT, UH, THERE WAS A LOT OF DIRT, DEBRIS AND MISCELLANEOUS, UH, FORGIVE THE PICTURE, BUT THERE WAS A LOT OF CRAP IN THERE ON THAT SIDE. 
          SO ALONG THIS SIDE, AND THAT WAS MY CONCERN. 
          I UNDERSTAND THERE'S POTENTIAL OF A FIRE HAZARD DUE TO THE FACT THAT I HAVE A HERITAGE, UH, PECAN TREE RIGHT HERE. 
          I ALSO UNDERSTAND THAT DRAINAGE IS GONNA BE AN ISSUE. 
          AS YOU SAW THE, THE PICTURES OF THE BACK OF THE HOUSE, THE BACK OF THE GARAGE, UH, RIGHT HERE, THERE'S NO SLAB THERE. 
          AND THE INTENT RIGHT THROUGH HERE IS THE CURRENT PAVERS THAT ARE ON THE GROUND. 
          THOSE ARE COMING UP. 
          I PLAN ON PUTTING A FRENCH DRAIN IN THERE 'CAUSE I UNDERSTAND THAT THERE IS A DRAINAGE ISSUE IN SAN ANTONIO, WHICH IS SOMETHING I'M COMPLETELY NEW TO. 
          SO THERE WILL BE A FRENCH DRAIN IN THERE. 
          RUNOFF WILL BE TOWARDS THE BACK OF THE HOUSE. 
          THIS IS A PAVED STREET HERE, WHICH IS A LOWER ELEVATION TO MY PROPERTY. 
          AND THE INTENT IS TO KEEP WHATEVER RUNOFF OFF OF THAT MAIN ROAD TO PREVENT, UH, UTILITY VEHICLES FROM GETTING BOGGED DOWN FROM WHATEVER MIGHT BE CAUSED BY MY PROPERTY. 
          UH, PENDING YOUR, OR PENDING YOUR QUESTIONS. 
          I HAVE NOTHING FURTHER. 
          ALL RIGHT. 
          UH, WE MAY ASK YOU UP FOR QUESTIONS. 
          WE JUST NEED TO FIND OUT IF ANYONE SIGNED UP TO SPEAK OR ANY VOICEMAILS TO PLAY. 
          DO WE HAVE ANY? UH, YES, WE DO HAVE A VOICEMAIL AND WE DO HAVE SOMEONE SIGN UP TO SPEAK, SO WE'LL PLAY WITH THE VOICEMAIL FIRST. 
          ALL RIGHT, THANK YOU. 
          HELLO, MY NAME'S JAMES SPENCER AND I LIVE AT 2 3 5 IRVINGTON DRIVE, SAN ANTONIO, TEXAS 7 8 2 0 9. 
          AND I WAS CALLING IN REGARDS TO CASE NUMBER B O A 22 1 0 3 0 0 0 5. 
          AND I JUST WANTED TO VOICE THAT I AM IN OPPOSITION TO THE VARIANCE. 
          UH, I LIVE ACROSS THE STREET FROM THIS HOUSE AND I WORRY ABOUT WHAT THIS VARIANCE WILL DO IN TERMS OF OPENING THE DOOR FOR FUTURE VARIANCE REQUESTS BEING APPROVED. 
          UH, CARLL HEIGHTS IS A HISTORIC AREA. 
          WHILE IT'S NOT, UH, OFFICIALLY, UH, LABELED THAT, UH, MOST OF THE HOUSES ARE AROUND 75 TO 80 YEARS OLD, IT HAS A CERTAIN LOOK AND CHARM TO IT THAT I HOPE, UH, STAYS CONSISTENT. 
          AND I WORRY THAT IF THIS VARIANCE IS ALLOWED TO HAPPEN, IT WILL OPEN THE DOOR TO CHANGING THE LOOK OF THE NEIGHBORHOOD. 
          UH, NOT, NOT JUST AT THIS PROPERTY, BUT OTHERS AS WELL. 
          UM, ALSO, UH, THE NEW PROPERTY OWNER DOES NOT LIVE IN TOWN, AND, UH, INTENDS ON RENTING OUT BOTH OF THE HOUSE THAT CURRENTLY SITS THERE, AS WELL AS THE GARAGE THAT'S GOING TO BE CONVERTED, WHICH IS THE PLAN FOR THE VARIANCE. 
          UM, SO I ALSO WORRY WHAT THIS WILL DO TO NEIGHBORHOOD TRAFFIC IF THIS BECOMES A NEW NORM, UH, AS WELL AS JUST NOISE AND, UH, ISSUES OF THAT NATURE. 
          UH, I ALSO HAVE CONCERNS WITH HOW CLOSE IT'LL BE NEXT TO THE HOUSE, NEXT DOOR, UH, BECAUSE I DON'T EVEN THINK THERE'S FIVE EXISTING FEET JUST TO, TO LOOK AT IT. 
          UM, BUT AGAIN, I AM IN OPPOSITION TO THIS. 
          UH, I HOPE THAT THE COMMITTEE WILL TAKE INTO ACCOUNT THE OPINION OF A RESIDENT WHO LIVES THERE DAY TO DAY, AS OPPOSED TO SOMEBODY WHO INTENDS ON BEING A LANDLORD, UH, AND WON'T EVEN BE LIVING IN SAN ANTONIO TO SUPERVISE, UH, THE TENANTS THAT'LL BE LIVING THERE, POTENTIALLY. 
          THANK YOU SO MUCH. 
          BYE-BYE. 
          ALRIGHT. 
          HI, THIS IS AMY SHARP. 
          OUR ADDRESS IS 2 3 9 DEVONSHIRE DRIVE, SAN ANTONIO 7 8 2 0 9. 
          THIS IS REGARDS TO CASE NUMBER A DASH 22 DASH 1 0 3 0 0 0 0 5. 
          UH, THE ADDRESS IS 2 3 9 DEVENS SHIRE DRIVE, UM, THE BLOCK. 
          OKAY. 
          WE DO HAVE SOMEONE SIGNED UP TO SPEAK. 
          DID, DID THAT VOICEMAIL GET CUT OFF? NO, THE, THE, THE ADDRESS PROVIDED WAS ON THE 2 3 9 DRIVE. 
          THE ADDRESS IS ALREADY NOTATED IN OPPOSITION. 
          YEAH, IT JUST SEEMED LIKE, OH, OKAY. 
          IT JUST SEEMED LIKE IT GOT CUT OFF. 
          THAT'S ALL. 
          HI, THIS IS AMY SHARP. 
          OUR ADDRESS IS 2 3 9 DEVONSHIRE DRIVE, SAN ANTONIO 7 8 2 0 9. 
          THIS IS REGARDS TO CASE NUMBER A DASH 22 DASH 1 0 3 0 0 5. 
          UH, THE ADDRESS IS 2 3 9 DEVONSHIRE DRIVE. 
          UM, THE BLOCK IS 26, I'M SORRY, BLOCK IS 26, BLOCK 15. 
          UM, IT'S REQUESTING A ONE, UM, FOOT, NINE INCH VARIANCE TO THE FIVE FOOT SETBACK TO ALLOW FOR ATTACHED DRIVE AND STRUCTURE TO BE THREE FEET, THREE INCHES AWAY FROM THE PROPERTY LINE. 
          WE ARE NOT IN 
          [02:45:01]
FAVOR OF THIS, SO WE DO NOT WANT THIS TO MOVE FORWARD. 
          THAT'S, UM, WE HAD GOTTEN THIS NOTICE AND IT WAS ASKING FOR OUR, UM, OUR FORM TO FILL OUT. 
          SO I THOUGHT I'D CALL, UM, BECAUSE THE, UM, CASE I THINK IS SCHEDULED FOR THIS AFTERNOON. 
          THEY SAID WE COULD CALL UP UNTIL 10 O'CLOCK. 
          UM, I DO HAVE A, UM, I THINK THAT IS IT. 
          IF YOU NEED ANY OTHER QUESTIONS OR HAVE, OR HAVE ANY QUESTIONS, CALL ME AT (210) 850-7196. 
          THANK YOU. 
          ALL RIGHT. 
          AND WE HAVE SOMEONE SIGNED UP TO SPEAK. 
          OKAY. 
          THAT'S ME, SIR. 
          OKAY. 
          UH, WE HAVE, UH, DAVE WILHOIT ME. 
          ALL RIGHT. 
          COME ON UP. 
          STATE, STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. 
          UM, I THINK I'VE WON THE PRIZE FOR THE LONGEST TRIP. 
          TRAVELED TO BE HERE. 
          UH, MY NAME IS DAVE WILHOIT. 
          MY ADDRESS IS 11 OCKER RASA OBER BROCK BAVARIA. 
          UM, UP, UP, UP IN THE, UH, UP UNTIL VERY, VERY RECENTLY, I LIVED AND WORKED ON ROSE BARRACKS, UH, RATHER TOWER BARRACKS IN BAVARIA. 
          UM, I'M WAITING FOR MY WIFE TO RETIRE IN 2023, AND THEN WE'RE MOVING BACK. 
          UM, RIGHT NOW I'M UNEMPLOYED, SO I CAME TO VISIT AND HELP MY FRIEND BUILD A HOUSE FOR HIS KID. 
          UM, I, A LOT OF PEOPLE HAVE TAKEN A LOT OF YOUR TIME TODAY, AND I REALLY DON'T WANT TO BE THE GUY WHO MAKES IT LONGER, BUT I DID WANNA POINT OUT A COUPLE OF THINGS. 
          THIS IS A FAMILY THAT WANTS TO PUT A, ESSENTIALLY PUT THEIR KID IN AN APARTMENT RIGHT NEXT TO THE HOUSE. 
          AND, UH, I, I DON'T BELIEVE THEY INTEND. 
          DO YOU BELIEVE TO I I DON'T BELIEVE THEY INTEND TO BE LANDLORDS. 
          'CAUSE I HAVEN'T HEARD THAT YET. 
          UM, UM, AND IT'S AN EXISTING STRUCTURE THAT'S BEEN THERE FOR 70 YEARS. 
          THE BUILDING HAS BEEN THERE FOR LONGER THAN THE FENCE HAS. 
          UM, SO APPLYING FOR A VARIANCE BECAUSE THE FENCE IS TOO CLOSE, IS KIND OF A LITTLE STRANGE. 
          AND THAT'S ALL I'VE GOT. 
          AND I'M REALLY SORRY TO TAKE UP YOUR TIME AFTER YOU GUYS HAVE BEEN HERE ALL DAY LONG. 
          I'M SORRY, . 
          THANK YOU VERY MUCH. 
          THANK YOU VERY MUCH. 
          UH, SO IS, IS THERE ANY, UH, COMMISSIONER QUESTIONS? I HAVE A QUESTION. 
          MR. KAPLAN. 
          KAPLAN, UM, FOR THE APPLICANT PLEASE. 
          SO, JUST OUTTA CURIOUS, HOW OLD IS YOUR CHILD WHO IS GOING TO BE LIVING HERE? MY OLDEST IS 17. 
          HE'LL BE GRADUATING, UH, THE END OF NEXT YEAR, NEXT SCHOOL YEAR. 
          AND MY, UH, MY YOUNGEST SON WILL BE GOING INTO HIGH SCHOOL. 
          SO YOUR, YOUR NEIGHBOR WAS, UM, CONCERNED BECAUSE HE THOUGHT THAT BOTH THE FRONT HOUSE AND THE REAR HOUSE WOULD BE RENTED. 
          ARE YOU PLANNING TO LIVE IN THE FRONT HOUSE OR WHAT'S, WHO'S GONNA BE LIVING IN THE FRONT HOUSE? THIS, THIS IS MY RESIDENCE, MA'AM. 
          AS, AS I PREVIOUSLY JUST STATED, I'M, I'M NEW HERE TO SAN ANTONIO. 
          UH, I, I, HE IS MY SOLE SUPPORT STRUCTURE RIGHT NOW IN THE STATE OF TEXAS. 
          AND, AND THIS, THIS HAS BEEN A CHALLENGE FOR ME TO TRY TO DEVELOP THIS AND MAKE THIS HAPPEN. 
          UH, IT IS A, IT'S A MATTER OF RECORD THAT MY WIFE IS LICENSED UNDER TEXAS STATE LICENSURE BUREAU AS A BOARD CERTIFIED BEHAVIORAL ANALYST. 
          SHE SPECIALIZES IN EARLY EDUCATION ED K THROUGH EIGHT FOR EMOTIONALLY IMPAIRED, BEHAVIORALLY CHALLENGED AUTISM SPECTRUM, UH, ASPERGER'S SYNDROME, AND ALSO DOWN SYNDROME. 
          SO SHE'S A, SHE'S A BROAD SPECTRUM ASSET AND, AND WE WANTED TO BE A PART OF THIS COMMUNITY, AND THIS IS, THIS IS WHERE WE CHOSE TO PLANT. 
          I AM A PROPERTY OWNER IN NORTH CAROLINA. 
          AND, UH, THE PROBLEM WITH THAT IS, IS I HAVE NO INTENT ON GOING BACK TO FORT BRAGG. 
          I RETIRED DECEMBER 1ST, AND I'M DONE WITH THE ARMY, AND THIS IS MY HOME. 
          I'VE BEEN KICKED AROUND, I'VE BEEN BOUNCED AROUND FOR THE LAST APPROXIMATELY 12 YEARS. 
          AND, AND I'M DONE. 
          I'M TIRED AND THIS IS MY HOME AND THIS IS WHAT I'M TRYING TO SET. 
          AND I'M TRYING TO BE A PART OF THIS COMMUNITY. 
          WELL, THANK YOU AND WELCOME TO SAN ANTONIO. 
          THANK YOU, MA'AM. 
          IS THERE ANY OTHER COMM, COMMISSIONER, MANNA? SO, SO ONE OF THE THINGS THAT WE TALK ABOUT, UM, REGULARLY IS WATER RUNOFF. 
          SO, SO AS YOU'RE LEARNING, I GUESS, SOME OF THE THINGS, AND SO, SO A CHALLENGE HERE FOR THIS BUILDING IS THAT, UH, THE ROOFS, THE, THE ROOF SLOPES TO THE NEIGHBORING YARD. 
          AND SO SOMETIMES, UM, I GUESS TO EASE CONCERNS OVER, UM, THAT WATER RUNOFF GOING INTO NEIGHBORING YARDS, WE ALLOW APPLICANTS TO AMEND, UM, THEIR, UM, UM, THEIR, THEIR CASE SO THAT, UH, SO THAT THEY CAN INCLUDE, UH, GUTTERS. 
          AND SO I GUESS WE'RE ASKING, YOU KNOW, WOULD THAT BE A CONSIDERATION THAT YOU MAY WANNA CONSIDER, I GUESS, TO EASE SOME OF THE CONCERNS FROM THE BOARD? ABSOLUTELY. 
          SO YOU, ANYTHING REQUIRED TO MAKE THIS WITHIN CODE? I AM WILLING TO DO, I HAVE NO ISSUE WITH DOING IT. 
          AND AS FAR AS THE VOICEMAIL YOU HEARD, I DO NOT INTEND ON DETRACTING ANYTHING FROM THE NEIGHBORHOOD. 
          I LOVE THE FACT THAT I LIVE IN A 70 YEAR OLD HOUSE. 
          I LOVE THE FACT THAT I'M THE SECOND OWNER OF THAT 70 YEAR OLD HOUSE, AND I LOVE THE GARAGE. 
          I LOVE EVERYTHING, AND I CAN'T MATCH WHAT WAS BUILT 70 
          [02:50:01]
YEARS AGO BY MODERN MATERIALS. 
          IT'S JUST NOT GONNA HAPPEN. 
          SO IT'S MY ENTIRE INTENT TO KEEP THAT BUILDING AND THAT STRUCTURE, THE SAME SHAPE, THE SAME DIMENSION, THE SAME EXTERIOR. 
          THE ONLY FACING THAT'S GONNA CHANGE IS THE GARAGE DOOR'S GONNA COME OUT. 
          A FRONT WALL'S GONNA GET PUT UP WITH THE FRONT DOOR AND WINDOW. 
          SO, UM, I HAVE A QUESTION FOR STAFF. 
          IF YOU COULD STAY UP HERE PLEASE. 
          UH, IS, IS THE APPLICATION SUCH THAT HE CAN'T MAKE THE STRUCTURE LARGER, THAT HE'S ONLY ASKING FOR THE FOOTPRINT OF THE EXISTING STRUCTURE? IS THAT SOMEHOW TIED TO THIS CASE, OR IS IT, UH, THE SIDE SETBACK? UH, MORE SO THAN THAT. 
          IT'S, IT'S STRICTLY LOOKING AT THE SIDE SETBACK. 
          UM, BUT IT WILL HA IT WOULD HAVE TO ABIDE BY THE A D D U REGULATIONS. 
          YEAH. 
          WHERE I'M GOING WITH THAT IS THAT, UH, WHENEVER A RESIDENTS EXPRESS CONCERN, ONE OF THE THINGS IS THAT IF HE KEEPS THE, THE SIZE OF THE EXISTING FOOTPRINT, SOMETIMES WE HAVE A SITE PLAN THAT'S TIED TO SOME OF OUR APPLICATIONS, AND I, I DIDN'T SEE IT MAKE REFERENCE TO LIMITATIONS IN THE, IN THE MOTION, UH, SKELETON, RIGHT? 'CAUSE BY DEFAULT WITH THE A D D U REGULATIONS, IT CAN'T GO ANY BIGGER THAN THE 800 SQUARE FEET OR 40% OF THE FOOTPRINT. 
          SO, UM, IT, HE COULD STILL ADD TO THE PROPERTY OTHER STRUCTURES THAT ARE ACCESSORY STRUCTURES LIKE STORAGE SHEDS AND STUFF. 
          SO IT WOULDN'T PREVENT THAT EITHER. 
          BUT COULD THIS BUILDING GET LARGER, LIKE IF WE WERE TO PROVE THIS TODAY, COULD HE TAKE THE BACK AND MOVE IT TO FIVE FEET? BECAUSE THERE'S AN ALLY, HE GETS CREDIT, COULD HE MOVE, COULD HE INCREASE THE SQUARE FOOTAGE OF THAT EXISTING GARAGE BUILDING AND BRING IT CLOSER TO THE REAR LINE? AS LONG AS IT DOESN'T EXCEED THE ACCESSORY DWELLING UNIT RESTRICTIONS? BECAUSE HE CAN'T, HE CAN'T MAKE IT BIGGER THAN WHAT'S ALLOWED BY CODE. 
          OKAY. 
          WHAT, WHAT SIZE IS THE HOUSE IS HE'S GOT, YOU KNOW, WHERE THE, UM, WHERE HE IS AT NOW IN THE RELATION TO THE 40%? I THINK HE HAS TO ANSWER THAT. 
          OKAY. 
          SO WHAT WE'RE TRYING TO FIND OUT IS, UM, WHEN WE, WHEN WE HEAR, UH, CASES AND PEOPLE ASK FOR SETBACK VARIANCES, UM, SO WE CAN, WE CAN LIMIT IT TO CERTAIN LOCATIONS AND SIZES, BUT THERE'S A CONCERN FROM SOME OF YOUR NEIGHBORS THAT YOU'RE GONNA DO SOMETHING PERHAPS MORE SO THAN WHAT'S THERE NOW. 
          AND SO RIGHT NOW, THE WAY THIS MOTION HAS BEEN ADVERTISED, AND FROM WHAT I'M SEEING IS THAT IN THEORY YOU MIGHT BE ABLE TO MAKE THE BACK A LITTLE BIGGER, YOU KNOW, INCREASE THE SQUARE FOOTAGE OF YOUR GARAGE A LITTLE BIT BECAUSE YOU DO GET CREDIT FOR HAVING AN ALLEY. 
          SO YOU GET LIKE EIGHT FEET OF, OF SETBACK CREDIT FOR THAT, BUT THEN THERE'S A 40% LIMIT TO YOUR HOME. 
          AND SO I'M TRYING TO FIGURE OUT, DO YOU HAVE POTENTIAL TO MAKE THIS BIGGER? IS THAT SOMETHING WE NEED TO BE CON BE AWARE OF? DO YOU HAVE ANY INTENT TO INCREASE THE REAR, SIR, I, I COMPLETELY UNDERSTAND YOUR CONCERN. 
          UH, THAT ENTIRE SECTION OF THE BACK AREA WHERE THE PAVERS ARE AS PREVIOUSLY DISCUSSED, IT WAS GONNA BE WATER RUNOFF. 
          THAT'S GONNA BE A BACK PATIO AREA. 
          OKAY. 
          I'M NOT INTENDING ON CHANGING THE EXTERIOR SHAPE OR THE STRUCTURE OF THE BUILDING. 
          OKAY. 
          AND MA MAJORITY OF THAT IS DUE TO ALREADY STRUCTURAL DAMAGE ON BOTH THE LEFT AND RIGHT SIDE OF THE GARAGE. 
          I DON'T KNOW IF IT'S VISIBLE IN ANY OF THE PHOTOS, BUT IF YOU LOOK IN THIS PHOTO HERE IN THE UPPER CORNER HERE, NOTICE PEELING AWAY THE ENTIRE SUBSTRUCTURE BOARD ON BOTH THE LEFT AND RIGHT SIDE OF THE STRUCTURE HAVE COMPLETELY DEGRADED. 
          THE MAJORITY OF THE WORK I'M GONNA HAVE TO DO IS LIFT THE BUILDING STRAIGHT UP, REBUILD THE FOOTERS, AND PUT IT RIGHT BACK DOWN WHERE IT'S, SO, SO YOUR SURVEY IS SHOWING THE REAR OF YOUR BUILDING TO BE 11 FEET AWAY FROM THE REAR PROPERTY LINE. 
          UM, I'M NOT CHANGING THAT. 
          OKAY. 
          I I, I'M ONLY BRINGING THAT UP BECAUSE ANYTIME YOU HEAR OPPOSITION, YOU KNOW, IF YOU LOSE, IF, UH, MORE THAN TWO COMMISSIONERS VOTE AGAINST THIS, IT FAILS. 
          OKAY. 
          AND SO I JUST WANT TO KNOW IF THERE WAS A, YOU KNOW, WHERE, WHERE WE, WHERE YOU WOULD BE AT WITH, UH, THE ABILITY TO RESTRICT THAT SIDE SET BACK TO A CERTAIN DISTANCE AWAY FROM THE REAR PROPERTY LINE. 
          IF THAT'S SOMETHING THAT, IF YOU WANT ME TO KEEP IT EXACTLY WHERE IT IS AND YOU NEED ME TO SIGN A PIECE OF PAPER SAYING SO, OH, DON'T, DON'T WORRY ABOUT THAT. 
          DON'T DO THAT. 
          IT'S OKAY, SIR. 
          THANK YOU VERY MUCH, SIR. 
          ALL RIGHT. 
          IS THERE ANY OTHER QUESTIONS? HEARING NONE. 
          I'M LOOKING FOR A MOTION UNA COMMISSIONER ZUNA REGARDING CASE NUMBER BO A DASH 22 DASH 1 0 3 0 0 0 5. 
          I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT TO REQUEST FOR A ONE FOOT NINE INCH SIDE SETBACK VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED STRUCTURE WITH SEVEN INCH OVERHANG TO BE THREE FEET, THREE INCHES AWAY FROM THE SIDE PROPERTY LINE SITUATED AT 2 3 4 IRVINGTON DRIVE, APPLICANT BEING DARYL W APPLING. 
          BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. 
          SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. 
          THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. 
          THE APPLICANT IS REQUESTING FOR A SITE SETBACK VARIANCE IN ORDER TO UTILIZE AN EXISTING STRUCTURE ON THE CONVERSION TO AN ATTACHED, UH, ACCESSORY DETACHED DWELLING UNIT. 
          MAINTAINING THE EXISTING SETBACK OF THREE FEET, THREE INCHES DOES NOT APPEAR TO BE 
          [02:55:01]
CONTRARY TO PUBLIC INTEREST. 
          TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UN UNNECESSARY HARDSHIP. 
          A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN, IN THE APPLICANT HAVING TO RELOCATE THE STRUCTURE OF FIVE FEET FROM THE SIDE PROPERTY LINE, WHICH WOULD POSSIBLY REQUIRE A DEMOLITION OF THE EXISTING STRUCTURE, WHICH HE'S ATTEMPTING TO, UH, TO, UH, SAVE 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. 
          A THREE THREE INCH SETBACK FROM THE SIDE PROPERTY LINE APPEARS TO OBSERVE THAT SPIRIT OF THE ORDINANCE 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 THE VARIANCE. 
          FIVE. 
          SUCH VARIANCE WITHOUT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT FOR WHICH THE PROPERTY IS LOCATED. 
          THE REQUEST TO ALLOW THE EXISTING STRUCTURE TO MAINTAIN THREE FEET, THREE INCHES FROM THE SIDE SETBACK APPEARS TO PROVIDE ENOUGH SPACE AWAY FROM THE PROPERTY LINE AND NOT LIKELY TO NEGATIVELY AFFECT THE ADJACENT NEIGHBORING PROPERTY. 
          SIX. 
          THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. 
          AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS. 
          AND THE DISTRICT IN WHICH THE PROPERTY IS LOCATED, STAFF FINDS OF THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE EXISTING STRUCTURE AND A LIMITED AMOUNT OF AVAILABLE SPACE AND A MOTION. 
          THANK YOU. 
          THERE. 
          SECOND, SECOND. 
          SECOND. 
          BY COMMISSIONER BRAGMAN. 
          COMMISSIONER OZUNA. 
          RIGHT. 
          I'M GONNA BE SUPPORTING THE VARIANCE, UM, FOR A NUMBER OF FACTORS. 
          ONE, THE EXISTING STRUCTURE IS, IS NOT GONNA EX THE EXTERIOR OF THE EXISTING STRUCTURE IS NOT GONNA CHANGE. 
          I MEAN, ALL THE SETBACKS ARE AS IS A MERELY A CONVERSION TO A USABLE, UM, UH, STRUCTURE THAT HE COULD, UH, USE FOR HIS CHILDREN. 
          AND THEN THE TESTIMONY THAT HE PROVIDED IS THAT HE IS THE, UH, THE, THE RESIDENT AND HE'LL BE OCCUPYING THE STRUCTURE AND NOT, UH, UH, LEA LEASING OUT THE TENANTS. 
          I THINK THAT WAS THE MAIN OPPOSITION FROM ONE OF THE NEIGHBORS THAT PROVIDED SOME DIAL AND TESTIMONY. 
          SO I AM FOR THOSE REASONS AND WHY I'M SUPPORTING THE MOTION IS READ. 
          THANK YOU. 
          COMMISSIONER BREGMAN. 
          I CONCUR WITH MY COLLEAGUE AND I'LL BE IN SUPPORT OF THE MOTION AS WELL. 
          ALL RIGHT. 
          UH, HAS ANYBODY LIKE TO ADD RUTH, COMMISSIONER ALBERT? I'LL BE IN SUPPORT OF THE MOTION. 
          UM, FOR ALL THE SAME REASONS. 
          UH, BUILDING'S BEEN THERE FOR MANY DECADES. 
          UH, I THINK BEING OCCUPIED, IT'LL PROBABLY BE SAFER THAN BEING A GARAGE FOR THE NEIGHBORHOOD, WHICH IS FANTASTIC. 
          AND I CAN THINK OF NO BETTER ULTIMATE USE FOR THIS BUILDING THAN TO, UH, HELP A COUPLE OF YOUNG DISABLED ADULTS BECOME INDEPENDENT. 
          I THINK THAT'S FANTASTIC. 
          SO, UH, I HOPE YOUR PROJECT WORKS OUT. 
          THANK YOU. 
          ANYONE ELSE? COMMISSIONER MANNA? SURE. 
          SO I THINK CRUZ IS, CRUZ SPOKE FIRST THOUGH. 
          I DON'T KNOW IF SHE WANTS TO GO FIRST. 
          COMMISSIONER CRUZ. 
          OKAY. 
          UM, I WILL, UM, CONCUR WITH THIS, UH, FORM BECAUSE I BELIEVE THAT WHAT HE'S TRYING TO DO FOR HIS KIDS IS VERY COMMENDABLE AND I SHOULD KNOW I'VE GOT THREE OF MY OWN, SO YEAH. 
          GRANDKIDS, SO I KNOW WHAT THAT IS PUTTING UP WITH THEM. 
          SO I WISH YOU LUCK WITH IT. 
          GOOD. 
          AND I HOPE THEY ENJOY THEIR NEW HOME. 
          AND WELCOME TO SAN ANTONIO. 
          COMMISSIONER MADAM. 
          SO, UH, JUST POINT OF CLARIFICATION. 
          SO WE, I DON'T KNOW IF WE GOT TO, UM, THE COMMITMENTS, UH, OF THE AMENDED APPLICATION. 
          SO IT SOUNDED LIKE THERE WAS A COMMITMENT FOR, UH, NOT ENCROACHING ANY FURTHER INTO THE BACK, AND I THINK THE APPLICANT KIND OF INDICATED THAT. 
          AND THEN ALSO I THINK, UH, WITH REGARDS TO THE GUTTER ON THE NEIGHBORING SIDE. 
          SO I WOULD LIKE TO ADD THAT POSSIBLY A FRIENDLY AMENDMENT. 
          SO, SO THE MOTION AS READ, UH, WAS, WAS AS WAS PER THE SKELETON. 
          AND WHAT THAT MEANS IS THAT THERE'S, IT DIDN'T INCLUDE GUTTERS FROM WHAT I RECALL. 
          UH, AND I'LL DEFER THAT TO COMMISSIONER UNA IN A SECOND. 
          THE SECOND ITEM IS, IS THAT, UM, IT DIDN'T HAVE ANY RESTRICTION TO THE REAR. 
          SO IF THE SQUARE FOOTAGE OF, OF THE FOOTPRINT OF THE GARAGE, UH, UM, WAS LESS THAN 40% OF THE MAIN BUILDING, IT THEORETICALLY COULD BE EXTENDED A LITTLE BIT, UH, EITHER TO THE EAST OR TO THE, TO THE SOUTH. 
          BUT, UH, THAT DIDN'T SEEM TO BE OF CONCERN. 
          SO TO THE MAKER OF THE MOTION, I'LL LEAVE THAT TO COMMISSIONER ZUNA. 
          I'LL ACCEPT THE FRIENDLY AMENDMENT. 
          UH, REGARDING WHICH, WHICH PORTION ON BOTH OF 'EM. 
          WELL, THE, WE CAN'T REQUIRE THE GUTTERS. 
          WE CAN DO SOMETHING ABOUT THE REAR SETBACK. 
          UM, BUT THE GUTTERS IS SOMETHING THE APPLICANT WILL HAVE TO ADD. 
          I'M NOT OPPOSED TO THE GUTTERS PERSONALLY. 
          UM, I'D LIKE TO HEAR FROM THE REST OF THE BOARD. 
          DOES ANYBODY, UH, NEED THE GUTTERS ADDED TO SWAY THEIR, THEIR THOUGHT? NO. 
          THI SURE THI NO. 
          THE STRUCTURE'S BEEN THERE FOR 70 YEARS. 
          WATER'S BEEN FLOWING FOR 70 YEARS. 
          I DON'T THINK GUTTER REQUIRED AND OKAY. 
          ALL, SO COMMISSIONER ZUNA. 
          SO I, I'LL ACCEPT THE FRIENDLY AMENDMENT ON THE, THE PHYSICAL LOCATION OF THE STRUCTURE AND NOT ENCROACHING FURTHER ON THE BACK PROPERTY LINE. 
          I'D PROBABLY GIVE HIM, RIGHT NOW IT'S 11 FEET. 
          I'D PROBABLY SAY NO MORE THAN 10 FEET TO THE REAR, JUST IN CASE. 
          YOU NEVER KNOW NO MORE THAN 10 FEET FROM THE REAR. 
          ALL RIGHT. 
          UH, WHO'S THE, WHO IS THE SECOND COMMISSIONER? BRACKMAN, DO YOU ACCEPT? YES. 
          ALL RIGHT. 
          SO WE HAVE, UM, A FRIENDLY AMENDED MOTION, UH, SUCH THAT THE, UH, STRUCTURE CANNOT, UH, THE SIDE SETBACK VARIANCE DOES NOT, UH, COLLUDE ANY 
          [03:00:01]
CLOSER THAN 10 FEET TO THE REAR PROPERTY LINE. 
          SO WITH THAT, UM, ANY OTHER COMMENTARY BEFORE WE MOVE FORWARD? HEARING NONE. 
          STAFF ROLL CALL, VOTE PLEASE. 
          MR. UNA. 
          I CONCUR. 
          MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. 
          MS. MS. KAPLAN. 
          I CONCUR. 
          MR. ALBERT I CONCUR. 
          MR. MACHACA, I YOUR COMPUTER, MS. INGLES? I CONCUR. 
          MS. CRUZ. 
          I CONCUR. 
          MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT. 
          MR. VASQUEZ. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          MR. THIEL. 
          YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. 
          MOTION PASSES UNANIMOUSLY. 
          UH, DID YOU HAVE ANY QUESTIONS ABOUT WHAT WE ENDED UP APPROVING? NO. 
          I, AS, AS I UNDER, AS I UNDERSTAND IT, STRUCTURE'S NOT MOVING FARTHER BACK TO THE FENCE. 
          IT'S STAYING EXACTLY WHERE IT IS IN ACCORDANCE WITH YOUR RECOMMENDATION, SIR. 
          IS THAT CORRECT? WELL, YOU, THE ONLY THING THAT WE DID WAS, UH, YOU'RE ALLOWED TO, YOU CAN'T GET ANY CLOSER TO 10 FEET. 
          YOUR SURVEY IS SHOWING LIKE 11. 
          OKAY? SO YOU HAVE AN EXTRA FOOT OF, OF CREDIT IF YOU NEED IT FOR SOME REASON. 
          BUT, UH, BUT FOR THAT, YOU KNOW, 10 FOOT WOULD BE THE MAX. 
          IF, IF I NEED IT. 
          THE INTENT IS NOT TO USE IT, BUT IF I NEED IT. 
          RIGHT. 
          AND YOU MAY NOT BE ABLE TO ANYWAY. 
          'CAUSE YOU MAY BE AT THE 40% THRESHOLD, RIGHT? SO, SO WITH THAT, UM, IF YOU HAVE ANY OTHER ADDITIONAL QUESTIONS YOU CAN GET WITH STAFF, LADIES AND GENTLEMEN, THANK YOU FOR YOUR TIME. 
          THANK YOU. 
          NEXT, LAST CASE, ITEM EIGHT. 
          UH, AGENDA ITEM NUMBER EIGHT, UH, BO 8 22 1 0 3 0 0 0 0 6. 
          ADDRESS IS 6 0 6 EAST NOTTINGHAM CITY COUNCIL DISTRICT NUMBER 10. 
          APPLICANT IS GONNA BE CLAYBURN JONES. 
          REQUEST FOR A ONE FOOT SIDE SETBACK VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED ACCESSORY STRUCTURE WITH ONE FOOT FIVE INCH OVERHANG TO BE FOUR FEET AWAY FROM THE SIDE. 
          PROPERTY LINES, UH, ZONING IS NEIGHBORHOOD PRESERVATION. 
          SUBJECT PROPERTY IS LOCATED ALONG EAST NOTTINGHAM. 
          THE APPLICANT HAS PARTIALLY CONSTRUCTED A DETACHED STRUCTURE THAT ENCROACHES INTO THE SITE SETBACK. 
          THE APPLICANT SUBMITTED A RESIDENTIAL BUILDING PERMIT APPLICATION IN EARLY JANUARY, WHICH IS WHERE THE SITE, WHICH IS WHERE THE SETBACK ISSUE WAS OBSERVED. 
          AND THE APPLICANT WAS GIVEN THE OPTION TO APPLY FOR A VARIANCE UPON SITE VISIT. 
          THE STRUCTURE WAS OBSERVED TO HAVE BEEN PARTIALLY CONSTRUCTED. 
          CONSTRUCTED, AND MEASUREMENTS WERE TAKEN FROM THE STRUCTURE TO THE REAR AND SIDE PROPERTY LINES. 
          UH, SITE PLAN, SUBJECT PROPERTY SURROUNDING VIEWS, UH, DETACH, UH, STRUCTURE. 
          THIS IS THE REAR OF THE DETACHED STRUCTURE AND THIS IS GONNA BE THE SIDE OF THE DETACHED STRUCTURE. 
          UH, THIS IS THE FENCE AND, UH, ALLEYWAY BEHIND THE ACTUAL PROPERTY. 
          SO THERE IS AN ALLEYWAY THAT'S, UH, BEHIND THE ACTUAL STRUCTURE ITSELF. 
          NEIGHBORING DETACHED STRUCTURES. 
          SIDE PROPERTY SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BO O A 22 DASH 1 0 3 0 0 0 6 BASED ON THE FOLLOWING FINDINGS OF FACT. 
          ONE, THE DETACH STRUCTURE HAS ONE FOOT FIVE INCH OF OVERHANG AND THE POST ARE FOUR FEET FROM THE SIDE PROPERTY LINES. 
          TWO. 
          THE STRUCTURE IS UTILIZING AN EXISTING CONCRETE SLAB, WHICH WAS PREVIOUSLY A SHED THAT ENCROACHED INTO THE SIDE SETBACK. 
          AND THREE GUTTERS WILL BE INSTALLED, WHICH WILL MITIGATE THE ADVERSE EFFECTS OF WATER RUNOFF FROM THE STRUCTURE. 
          THERE WERE 27 NOTICES, UH, MAILED OUT. 
          THERE WERE ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM AN OAK PARK NORTH NEIGHBORHOOD ASSOCIATION. 
          THIS CONCLUDES STAFF'S PRESENTATION. 
          UH, BEFORE YOU GO, SO THE APPLICA, THE APPLICATION DOES INCLUDE THE PROVISION OF GUTTERS. 
          YES, SIR. 
          OKAY, I JUST WANNA MAKE SURE 'CAUSE I DIDN'T SEE IT IN THE MOTION SKELETON, THAT'S ALL. 
          OH, HE, HE, HE'S GONNA STATE IT. 
          OKAY. 
          THANK YOU. 
          MM-HMM. 
          , I'M GONNA STATE IT. 
          ALRIGHT, THANK YOU. 
          IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. 
          ALL RIGHT. 
          I'M EVAN JONES. 
          UH, I'M THE PROPERTY OWNER AT 6 0 6 NOTTINGHAM. 
          UH, BASICALLY AS THEY MENTIONED, WE ARE, UH, WE'RE IN THE PROCESS OF, YOU'VE FORESEE AND WE'VE ALREADY TORN DOWN THE EXISTING STRUCTURE AND WE'RE BUILDING A, UH, EX A, UH, NEW STRUCTURE. 
          UM, IT'S GOING TO BE A, UH, OUTDOOR PATIO, UH, WITH A ROOF AND A FIREPLACE IN THE MIDDLE, UM, WITH A WOOD DECK SURROUNDING. 
          UM, I'VE ACTUALLY, MY HAVE PICTURES AND I THINK IT WAS PART OF MY APPLICATION, BUT I HAVE SOME PICTURES OF THE EXISTING, IT'S FIVE PICTURES AND THEN YOU CAN SCROLL OVER SOME REASONS WHY WE'RE DOING THE PROJECT. 
          UM, YEAH, YOU CAN ZOOM IN TO, AND ESPECIALLY TO THE BACK FENCE LINE, 
          [03:05:02]
UH, THAT OTHER WAY. 
          ONE OF THE MAIN REASONS WHY WE'RE DOING THIS IS THE SLOPE ON THIS PROP ON OUR PROPERTY. 
          UM, THE LOW POINT IS, WAS THE OR AND CONTINUES TO BE THE BACK PORTION BACK CORNER OF THE SHED. 
          AND YOU CAN SEE THE WATER DAMAGE ON THIS FENCE LINE WHEN WE GET HEAVY RAINS. 
          UM, I MEAN, IT'S ABOUT THAT HIGH, UH, A GOOD FOOT AND A HALF. 
          AND IN THE BACK PART OF THIS SHED, IF WE SCROLL OVER TO PROBABLY PICTURE NUMBER FOUR, UM, WE'LL COME BACK TO THIS ONE. 
          GO ONE MORE. 
          THIS IS THE BACK CORNER OF THIS SHED. 
          YOU CAN SEE ALL THE WATER JUST COLLECTS HERE, AND IT'S NOT A GREAT PICTURE, BUT THERE'S A LOT OF SEDIMENT THAT SETTLES HERE WHEN WE GET HEAVY RAINS, LIKE DURING THE HURRICANE OR, UM, WHICH ISN'T EVEN THE HEAVIEST RAIN WE'VE HAD IN THIS, THIS, UH, THIS AREA. 
          I MEAN, WATER GETS UP THIS HIGH. 
          UM, EVERYTHING I HAVE IN THIS SHED HAS TO BE RAISED ON PALLETS. 
          UM, SO IT'S NOT REALLY EVEN USABLE SPACE. 
          IT'S DANGEROUS FOR OUR CHILDREN. 
          UM, SO THOSE ARE REASONS WHY WE'VE TORN IT, TORN IT DOWN ALREADY. 
          UM, I THINK THAT'S MY COMMENTS. 
          AND YES, THE GUTTERS WERE THEIR RECOMMENDATION. 
          Y'ALL LIKE, UH, WATER RUNOFF PLANS, I'M GONNA PUT GUTTERS ON BOTH SIDES, UH, DIRECTING TOWARDS EITHER THE BACK ALLEY OR JUST, UM, BEHIND THE STRUCTURE AND IT'LL FLOW OUT. 
          ALL RIGHT. 
          SO JUST, UH, JUST TO CLARIFY, YOU'RE AMENDING YOUR APPLICATION THAT YOUR STRUCTURE WILL INCLUDE GUTTERS? SURE. 
          YES. 
          OKAY. 
          THANK YOU. 
          , DOES ANYONE SIGN UP TO SPEAK OR IS THERE ANY VOICEMAIL? IT'S PART OF THE PLAN, YES, SIR. 
          JUST TO CLARIFY, IT WAS PART OF THE APPLICATION. 
          IT WAS IN, IN THE STAFF REPORT. 
          IT'S JUST WHEN YOU'RE MAKING YOUR MOTION, YOU CAN, YOU CAN MAKE NOTICE, YOU CAN NOTE IT WHEN YOU'RE DOING YOUR, UH, FINDINGS OF FACT. 
          OKAY. 
          THANK YOU. 
          UH, ANY VOICEMAILS? NO, THERE ARE NONE. 
          AND I'M ASSUMING NO, NONE OF Y'ALL SIGNED UP TO SPEAK, SO, OKAY. 
          SO ANY COMMISSIONER QUESTIONS? I HAVE ONE COMMISSIONER ALBERT, AND THEN COMMISSIONER MIN CHAKA. 
          I JUST, UH, I SEE IN YOUR APPLICATION THAT YOU'RE ASKING FOR A SIDE SETBACK VARIANCE. 
          YES. 
          UH, BUT IN YOUR DRAWING, IT LOOKED LIKE YOUR REAR SETBACK WAS ALSO, UH, QUITE CLOSE. 
          YEAH, WHEN I DID THE APPLICATION, I WAS, I, I THOUGHT THAT, UH, I WOULD NEED TO APPLY FOR A REAR SETBACK, BUT THAT ISN'T THE CASE BECAUSE THERE'S AN ALLEY IN THE BACK. 
          SO THERE YOU CAN IGNORE ANYTHING THAT HAS TO DO WITH A REAR SETBACK. 
          THE ONLY QUESTION IS THE, IS THE SIDE SETBACK TO THE WEST. 
          OKAY. 
          AND THE 34 INCHES THAT YOU MEASURED IS, I'M GUESSING FROM THE EDGE OF THE DECK TO THE PROPERTY LINE? YES, AND THAT'S EXACTLY, WE'RE THAT SIDE IS EXACTLY WHERE THE, UH, SHED WAS BEFORE. 
          OKAY. 
          ALRIGHT. 
          COMMISSIONER MANCHACA, UM, I CAN SEE THAT, UM, WHEN YOU WERE BUILDING THIS THING, YOU EXTENDED THE, THE FLOORBOARDS BEYOND THE EXISTING SLAB AND THAT'S GONNA INCREASE THE SQUARE FOOTAGE OF THE PLACE. 
          WHERE ARE YOU REFERRING TO? UH, TO THE LEFT AND RIGHT, LIKE BEYOND THE OVERHANG AT, ON THE FLOOR, LIKE THE SLAB STOPS AND THEN YOU CONTINUE BEYOND THE SLAB. 
          UM, WELL HERE IT'S BUILT RIGHT ON TOP OF THE, THERE'S A, UM, I MEAN ON THIS SIDE IT'S, IT'S EXACTLY LINED UP WITH THE SLAB. 
          UM, OH, I SEE. 
          THERE'S, THERE'S A FOOTING, UM, WHERE THE WALL FOR THE SHED WAS AND WE'RE BUILDING IT RIGHT ON TOP OF IT. 
          I SEE. 
          I WAS JUST CONCERNED THAT IF WE WERE, UH, INCREASING THE FLOOR SPACE OR WE INCREASING THE A D D U VIEW ON 40%, THAT'S ALL. 
          WELL, IT'S NOT GONNA BE A DWELLING UNIT, IT'S JUST AN OUTDOOR PATIO. 
          OH, OKAY. 
          THOUGHT IT WAS A D D U. 
          NO, THERE'S NOT GONNA BE ANY WALLS AT ALL. 
          I MEAN, IT'S GONNA ESSENTIALLY LOOK EXACTLY WHAT IT IS HERE. 
          IT'S JUST GONNA HAVE A WOOD DECK. 
          UM, SOME STORAGE CABINETS IN THE BACK AND A FIREPLACE. 
          PARDON ME? WOOD BURNING FIREPLACE. 
          PARDON ME. 
          THANK YOU. 
          ALRIGHT, ANY OTHER QUESTIONS? UH, HEARING NONE. 
          I'M LOOKING FOR A MOTION MANANA. 
          COMMISSIONER MANNA REGARDING CASE NUMBER BO O EIGHT, UH, 2 2 1 0 3 0 0 0 0 6. 
          I MOVED TO THE BOARD OF ADJUSTMENT GRANT. 
          THE REQUEST FOR A ONE FOOT SIDE SETBACK VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED STRUCTURE TO BE ONE FOOT FIVE INCHES, UH, WITH A ONE FOOT FIVE INCH OVERHANG TO BE FOUR FOOT AWAY FROM THE SIDE PROPERTY LINE SITUATED AT 6 0 6 EAST NOTTINGHAM DRIVE. 
          APPLICANT BEING CLAYBURN JONES. 
          BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACT OF THIS PROPERTY IS SUCH THAT A LIBERAL ENFORCEMENT OF THE PROVISIONS OF U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. 
          SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. 
          THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. 
          THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW THE TAX TAX STRUCTURE TO BE FOUR INCHES AWAY FROM THE SIDE PROPERTY LINE. 
          OTHER SETBACK REQUIREMENTS ARE BEING MET, SO THE VARIANCE DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST. 
          [03:10:01]
THREE OR TWO DUE TO THE SPECIAL CONDITIONS. 
          A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. 
          A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT BEING HAVING TO A PARTIALLY CONSTRUCTED STRUCTURE TO BE FIVE FEET FROM THE SIDE PROPERTY LINE. 
          THIS WOULDN'T ALLOW THE EXISTING CONCRETE SLAB TO BE UTILIZED, WHICH PRESENTS AN UNNECESSARY HARDSHIP. 
          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 LITTER OF THE LAW. 
          THE ONE FOOT SIDE SETBACK VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT WILL OBSERVE THE SPIRIT OF THE ORDINANCE. 
          FOUR. 
          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 PERMITTED WITH THIS VARIANCE. 
          FIVE. 
          SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. 
          STAFF HAS SHOWN THAT THE REQUEST FOR A ONE FOOT VARIANCE FROM A SIDE SETBACK PROVIDES ADEQUATE SPACE FROM THE ADJACENT PROPERTY LINE AND IS NOT LIKELY TO NEGATIVELY IMPACT THE ADJACENT NEIGHBORING PROPERTY. 
          THE APPLICANT, UH, DID HAVE GUTTERS IN THEIR APPLICATION. 
          UH, 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 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. 
          STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT, IS NOT MERELY FINANCIAL AND IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE PREVIOUSLY EXISTING STRUCTURE AND THE MOTION. 
          SECOND, SECOND. 
          SECOND BY COMMISSIONER CRUZ. 
          WAS THAT CRUZ OKAY? YES. 
          THANK. 
          ALL RIGHT. 
          COMMISSIONER MANNA, I'LL BE VOTING IN FAVOR OF THIS. 
          UM, WE'RE USING EXISTING STRUCTURE. 
          UM, YOU KNOW, I THINK THAT THE OWNER HAS DEMONSTRATED THAT THEY, HE HAS A, A SIGNIFICANT CHALLENGE WITH REGARDS TO WATER AND THIS LOOKS LIKE AN APPROPRIATE SOLUTION TO, UH, ENJOY THE BENEFITS OF THIS PROPERTY AS WELL AS, UH, I GUESS, UH, LIVE WITH THE WATER CHALLENGES THAT HE HAS. 
          COMMISSIONER CRUZ? YES, I CONCUR WITH MY COLLEAGUE. 
          I THINK THIS WILL BE A VERY NICE ADDITION TO HIS HOME. 
          THANK YOU. 
          ALL RIGHT. 
          ANYONE ELSE? HEARING NUN STABLY? TAKE A ROLL CALL. 
          VOTE MR. MANAM. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          MS. CRUZ? YES, I CONCUR. 
          MS. KAPLAN. 
          I CONCUR. 
          MR. ALBERT I CONCUR. 
          MR. MACHACA. 
          I CONCUR. 
          MS. INGLES? I CONCUR. 
          MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. 
          MR. VASQUEZ. 
          I CONCUR. 
          MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT. 
          MR. ZUNA? YES, I CONCUR. 
          CHAIR ORIAN. 
          CAN I ALSO CONCURS WITH THE FINDINGS OF FACT MOTION PASSES UNANIMOUSLY. 
          IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. 
          UM, THANK YOU EVERYBODY. 
          THANK YOU. 
          THANK YOU. 
          [
Approval of Minutes
 ]
AND NOW WE MOVE ON TO THE MINUTES. 
          I HAD SUBMITTED A COUPLE AMENDMENTS. 
          UH, WAS THERE ANY OTHER AMENDMENTS FROM THE COMMISSION QUESTION WHEN WERE THE MINUTES SENT OUT? I DIDN'T SEE 'EM. 
          MAYBE THURSDAY, FRIDAY WHEN WE POSTED, UH, THE AGENDA, THE EMAIL, THE MINUTES ARE ATTACHED. 
          OKAY, I SAW THE AGENDA BUT I DIDN'T SEE THE MINUTES. 
          SO LET ME CHECK THE EMAIL BEFORE I GET IN TROUBLE. 
          IS THAT A MOTION? I MOVE THAT THE MINUTES BE EXCEPT AS AMENDED. 
          OKAY. 
          IS THERE A SECOND? SECOND. 
          SECOND BY COMMISSIONER KAPLAN. 
          THIRD. 
          ALL IN FAVOR SAY AYE. 
          AYE. 
          ANY OPPOSED? HEARING NON MOTION PASSES. 
          IS 
          [Director's Report: Update on 2022 UDC Code Amendments.]
THERE ANY ANNOUNCEMENTS? UM, ON THE DIRECTOR'S REPORT? I'M, UH, LISTING, UM, A STATUS UPDATE ON THE 2022 U D C AMENDMENTS. 
          AND WE'LL BE DOING THIS, UH, FOR EVERY MEETING JUST TO LET YOU KNOW HOW THINGS ARE PROGRESSING. 
          UM, SO WE'VE HAD A COUPLE OF TAC MEETINGS TO REVIEW SOME OF THE, UM, AMENDMENTS THAT HAVE BEEN, UH, PUT FORWARD. 
          THEY'VE BEEN PRIORITIZED BY THE TAC CHAIRS. 
          UM, AND, UM, WE'VE, UH, GONE THROUGH SOME OF 'EM. 
          THEY'RE READY TO PROCEED WITH A, A BATCH OF 'EM TO PLANNING COMMISSION THIS WEDNESDAY. 
          EXCUSE ME. 
          THIS WEDNESDAY PLANNING COMMISSION WILL BE CONSIDERING, UH, SOME OF THE EXTERNAL AMENDMENTS, UM, AND TO DETERMINE IF THEY'RE GOING TO SPONSOR THEM THROUGH THE U D C AMENDMENT PROCESS. 
          UM, AND SO AS LIKE FOR EXAMPLE, TOMORROW TAC IS GOING TO BE REVIEWING SOME OF THE ONES THAT WE BROUGHT FORWARD TO YOU FOR BOARD OF ADJUSTMENT, LIKE THE BEAUTY SALONS BARBERSHOP ONE THAT WE BROUGHT FORWARD. 
          UH, BUT WE'LL GIVE YOU PERIODIC UPDATES. 
          . 
          OKAY. 
          UH, FROM WHAT I RE RECALL, IT WAS, WAS IT ALL THE EXTERNAL ONES OR JUST A PORTION OF THERE'S QUITE A FEW. 
          YEAH. 
          THERE, THERE WAS LIKE 70 OF 'EM OR, YEAH, SO THEY'RE, 
          [03:15:01]
THEY'RE PUTTING THEM FORWARD PROBABLY IN BATCHES. 
          I THINK I WAS TRYING TO ACCESS THE PLANNING COMMISSION AGENDA SO I CAN SEE WHICH, HOW MANY ARE ON THERE. 
          BUT WE'LL GO THROUGH THEM AS TIME PERMITS AND THEN THEY'LL CONTINUE TO BE, UH, CONSIDERED AT THE NEXT PLANNING COMMISSION MEETINGS. 
          ALL RIGHT. 
          THANK YOU. 
          SO WITH THAT, I HEREBY ADJOURN THE ME, UH, MEETING OF THE BOARD OF ADJUSTMENTS. 
          IT IS 4 28.
* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.