[00:00:07]
UM, WE'RE GONNA GO AHEAD AND CALL THE, UH, BOARD OF ADJUSTMENT MEETING MARCH 21ST OF ORDER, UH, CAN WE HAVE THE SPANISH INTERPRETER COME OUT AND MAKE THEIR PRESENTATION? HELLO? GOOD AFTERNOON.
THIS ANNOUNCEMENT IS TO INFORM YOU THAT WE DO HAVE SPANISH INTERPRETATION SERVICES AVAILABLE FOR ANYONE NEEDING THESE SERVICES.
PLEASE FEEL FREE TO APPROACH THE INTERPRETER'S CABIN LOCATED WHERE THE RED CURTAINS ARE AT THE MAIN ENTRANCE.
UH, STAFF, CAN YOU PLEASE CALL ROLL MS. KAPLAN? PRESENT.
MR. ZUNIGA? READY? MR. MANNA PRESENT.
MR. BRAGMAN? I MEAN, MS. BRAGMAN, I'M SORRY.
MR. ASUNA PRESENT CHAIR ORIAN.
UM, IF EVERYONE COULD PLEASE STAND AND JOIN US IN THE PLEDGE OF ALLEGIANCE.
PLEDGE ALLEGIANCE TO THE FLAG, THE UNITED STATES OF AMERICA TO REPUBLIC FOR WHICH IT STANDS, DONATION UNDER GOD WITH LIBERTY AND JUSTICE FOR ALL HONOR TEXAS.
FLAG PLEDGE OF ALLEGIANCE TO THE TEXAS ON STATE UNDER, UNDER GOD ONE.
SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.
UM, OUR BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS.
THE FOLLOWING, THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS.
I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
WE ARE A PRIVATE CITIZENS APPOINTED TO THE BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN THE 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 AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING OUR REQUEST FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR IT'S 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'LL 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 RECURRING 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 ON WHICH THE REQUEST OF RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FOR AN ADMINISTRATIVE OFFICIAL.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW.
BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
SO PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE.
[ Briefing and Possible Action on the following items ]
STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXCEPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT.
PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN EX INDICATES THOSE PROPERTY OWNERS IN OPPOSITION.
FOLLOWING THIS PRESENTATION IN ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION.
YOU WILL BE CALLED AN ORDER THAT YOU SIGN UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE
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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 THE THREE MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
SO WE'RE GONNA GO AHEAD AND BEGIN WITH OUR FIRST CASE AGENDA ITEM NUMBER TWO, BO OE 21 DASH 1 0 3 0 0 1 5 7.
ADDRESS IS FIVE 19 WEST KINGS HIGHWAY CITY COUNCIL.
DISTRICT NUMBER ONE APPLICANT IS FELICE DE NOVO.
A REQUEST FOR A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FENCE HEIGHT REQUIREMENT AS DESCRIBED IN SECTION 35 5 14 TO ALLOW AN EIGHT FOOT SOLID SCREEN FENCE, PRIVACY FENCE ALONG THE SIDE.
AND REAR PROPERTY LINE ZONING IS A RESIDENTIAL SINGLE FAMILY APPLICANT IS, UH, REQUESTING A CONTINUANCE TILL APRIL THE FOURTH.
IS THE APPLICANT PRESENT WHICH ADDRESS? UH, THIS IS FOR FIVE 19 WEST KINGS HIGHWAY.
IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS.
YOU CAN BEGIN YOUR PRESENTATION.
I'M HAVING A HARD TIME HEARING, HEARING YOU FOLKS.
UM, IS, IS, IS THIS OKAY? CAN YOU HEAR ME OKAY? A LITTLE BIT LOUDER.
UH, I'LL MOVE A LITTLE CLOSER.
UH, SO WE JUST NEED YOU TO STATE YOUR NAME AND ADDRESS FOR THE RECORD AND THEN YOU CAN BEGIN YOUR PRESENTATION.
MY NAME IS FELICE DENOVO AND THE ADDRESS IS FIVE 19 WEST KINGS HIGHWAY.
I'M ACTUALLY HERE TO ASK FOR A, I DUNNO WHAT YOU CALL IT, RESCHEDULING TODAY.
UH, ROLAND
I THOUGHT THAT IT WAS ONLY PEOPLE 200 AND 200 AND FEET FROM MY PROPERTY.
SO THERE'S SOMEONE OPPOSED THAT DOES NOT LIVE THERE.
UH, HE USED TO LIVE THERE AND HE'S ADAMANTLY OPPOSED AND PERSUADING OTHER PEOPLE TO VOTE AGAINST ME WITHOUT ANY REASON OR JUSTIFICATION.
SO, SINCE ROLAND SAYS THAT ANYBODY CAN VOTE NOT JUST PEOPLE 200 AND FEET FROM ME, I WOULD LIKE SOME MORE TIME TO GET SOME MORE SIGNATURES.
'CAUSE I HAVE ALREADY RECEIVED SIGNATURES FROM THE NEIGHBORS WITHIN 200 AND FEET FROM MY PROPERTY.
BUT SINCE I CAN VOTE, ANYBODY CAN VOTE, I WANT SOME MORE TIME FOR THAT.
UM, YOU KNOW, IT'S, IT'S, UH, WE CAN DO A, WE CAN DO A MOTION FOR A, FOR A CONTINUANCE AT ANY TIME WHILE THIS CASE IS OPEN.
UH, DID YOU WANT TO SEE IF THERE'S ANY QUESTIONS FROM THE BOARD? MAYBE IT WOULD HELP YOU OR AID WITH, UM, YOU KNOW, YOUR DUE DILIGENCE? WELL, YEAH, I THINK THE QUESTION IS ABOUT THAT, UM, A OPPOSITION, UM, SINCE THAT OPPOSITION NO LONGER LIVES IN THE NEIGHBORHOOD, I GUESS I JUST WANNA KNOW WHY IS THAT PERSON'S VOTE VALID.
WELL, LET'S, LET'S, I'M GONNA GO AHEAD AND SEE IF THERE'S ANYONE SIGNED UP TO SPEAK.
IS ANYONE SIGNED TO THE SPEAKER? ANY VOICEMAILS? NO, NONE FOR THIS CASE.
SO, UH, NO ONE'S APPEARED OR PROVIDED ANY DOCUMENTATION OTHER THAN MAYBE SOME RESPONSES THAT THEY'RE AGAINST.
SO, UM, IS THERE ANYTHING YOU'D LIKE TO TELL US ABOUT YOUR FENCE? UH, SEE IF WE HAVE ANY QUESTIONS FOR YOU.
WELL, THERE IS, I'M JUST KIND OF STILL CONCERNED ABOUT THAT OPPOSITION 'CAUSE IT'S LIKE PART OF THE RECORD.
BUT I CAN GO AHEAD AND PURSUE, I MEAN, I AM PREPARED EXCEPT FOR THAT ONE PART THAT I TOLD YOU ABOUT THAT YEAH, JUST PLEASE, PLEASE PROCEED.
LET US, GIVE US SOME INSIGHT AND WE'LL SEE IF WE HAVE ANY QUESTIONS AND MIGHT HELP YOU AS YOU PROCEED ADDITIONAL.
THEN ROLAND SAID THAT, UH, WHATEVER PICTURES THAT I BROUGHT, I COULD PUT THEM SOMEWHERE AND YOU WOULD SEE THEM.
YEAH, THEY HAVE A CAMERA UP IN THE CEILING.
SO I GUESS I'LL START BY SAYING THAT, UM, I DID BRING THE SIGNATURES OF THE NEIGHBORS, UH, WITHIN 200 AND FEET FROM MY PROPERTY THAT ARE IN FAVOR.
I HAVEN'T SCANNED THEM, SO I DON'T WANNA LOSE THEM.
UH, CAN I GET THEM BACK TO STAFF AND THEY CAN? SURE.
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ARE YOU, LET ME KNOW IF YOU'RE GONNA SHOW THE PICTURE SO I CAN GO AHEAD AND EXPLAIN.OH, CAN YOU PUT THIS ONE FIRST? SORRY ABOUT THAT.
SO WHAT I'M ASKING FOR IS TO ADD TWO FEET OF LATTICE SO IT WOULDN'T BE SOLID AS IT'S DESCRIBED IN THE NOTICE FROM THE CITY, THE DEVELOPMENT SERVICES DEPARTMENT, IT WOULD BE LATTICE.
UM, SO IT WOULD GO FROM THE LEFT SIDE, WHICH IS SIX FEET TO THE RIGHT SIDE, WHICH IS EIGHT FEET, SIX PLUS TWO, TWO FEET OF LATTICE.
SO I UNDERSTAND THAT MY NEIGHBORHOOD ASSOCIATION CALLED ALTA VISTA NEIGHBORHOOD ASSOCIATION, THEIR OPPOSITION WAS THAT IT WOULD BLOCK THE BREEZE AND THE SITE S I G H T, MEANING THE VIEW THAT'S NOT POSSIBLE.
IF YOU CAN SWITCH TO THE NEXT PAGE.
IT'S BLUE, IT'S IN THE CENTER.
THE LEFT HOUSE IS TWO STORIES.
YOU CAN SEE IT A LITTLE BIT PAST THE POST.
THE RIGHT SIDE IS THE OTHER HOUSE, WHICH IS ALSO TWO STORIES.
UH, YOU CAN SEE AT THE TOP GABLE, THERE ARE WINDOWS.
THAT'S THE MRS. IRA SEWING ROOM WHERE I SOLD HER MY QUEEN BED AND SHE HAS IT UP THERE.
SO ANYWAY, UM, IT'S IMPOSSIBLE FOR ME TO BLOCK THEIR VIEW BECAUSE I'M A ONE STORY AND THEY ARE BOTH TWO STORIES, SO I CAN'T BLOCK THEIR VIEW.
UM, AS FAR AS THE BREEZE GOES, I DON'T THINK I COULD BLOCK THE BREEZE WITH TWO FEET OF LATTICE BECAUSE LATTICE IS POROUS.
I THINK THAT ROLAND TOLD ME, NO, I'M SURE ROLAND TOLD ME THAT SOMEBODY, UH, UH, CLAIMED THAT TWO FEET EXTRA OF LATTICE OR FENCING WOULD INTERFERE WITH THE POWER LINES.
IF YOU LOOK AT THE PICTURE, THE POWER LINES ARE LIKE, I DON'T KNOW, 30 FEET ABOVE THE GROUND, MAYBE 40.
IT'S IMPOSSIBLE FOR, UH, TWO FEET OF LATTICE TO INTERFERE WITH THE POWER LINES.
SO NOW IF YOU CAN TURN IT MORE VERTICAL INSTEAD OF HORIZONTAL.
SO I JUST WANNA SHOW YOU SOME PICTURES OF HOW MY NEIGHBORS CAN SEE INTO MY PROPERTY.
UM, THAT'S MY DINING ROOM TABLE.
MY HOME, I'M A LICENSED PROFESSIONAL COUNSELOR AND I SEE CLIENTS, ANY, UH, CHILDREN AND ADULTS.
SO AS YOU CAN SEE BEHIND THE CHAIR, THERE'S SOME BOOKS AND SOME TOYS AND GAMES.
AND I OFTEN WORK WITH MY YOUNG PEOPLE AT THE TABLE.
AND AS I SAID BEFORE, FROM THE NEIGHBORS, UH, EITHER THE FIRST FLOOR OR THE SECOND FLOOR WINDOWS, THEY CAN SEE INTO THE TABLE.
CAN YOU GO TO THE NEXT FIXTURE, PLEASE? UH, THAT'S STILL THE SAME DINING ROOM TABLE.
THAT'S WHERE I EAT
AND CAN YOU GO TO THE NEXT ONE? UH, THAT'S THE CHAIR FROM WHERE I, UH, DO MY CONSULTATIONS WITH FAMILIES.
AND SO MY CLIENTS CAN WATCH ME AS I WORK WITH CLIENTS.
AND THE SESSIONS ARE SUPPOSED TO BE CONFIDENTIAL.
SOME OF MY CLIENTS ARE, UH, SENT OVER BY, UH, BEAR COUNTY, UH, JAIL.
UM, THEY'RE MANDATED FOR ANGER MANAGEMENT, COUNSELING, UM, OR, UH, DOMESTIC VIOLENCE, UH, SITUATION.
SO THEIR SESSIONS ARE SUPPOSED TO BE CONFIDENTIAL.
I AM ALLOWED TO DO COUNSELING OUT FROM MY HOME.
SO, AND EVER SINCE THE PANDEMIC I'VE BEEN DOING A LOT MORE OF THAT.
I DO DO ONLINE SESSIONS, SO THAT'S ON MY COMPUTER.
BUT WHEN I DO SEE THEM IN PERSON, I SEE THEM.
I'M SITTING THERE AT THE, UH, CHAIR AND, UM, YES, UH, USUALLY NEIGHBORS CAN SEE THEM.
UH, IF THEY DRIVE ALL THE WAY UP TO MY DOOR THOUGH AND COME IN AND THEY NEIGHBORS CAN'T SEE THROUGH THE WINDOWS AND THEY WOULD HAVE THEIR CONFIDENTIALITY.
SO I ALWAYS HAVE TO HAVE THE WINDOWS CLOSED, WHICH IS KIND OF SAD TO NOT HAVE SUNLIGHT COMING IN.
CAN YOU GO TO THE NEXT PICTURE? IF YOU CAN TURN IT SIDEWAYS.
SO, UH, ONE OF THE, I I HAVE A A LOT TO SAY ABOUT THIS PICTURE, EVEN THOUGH IT LOOKS KIND OF SIMPLE.
THIS HAS TO DO WITH THE OPPOSING, UH, PARTY, WHICH IS TOM GLEASON, WHO USED TO OWN THE PROPERTY AT 5 23 WEST KINGS HIGHWAY.
HE NO LONGER DOES, UH, HE HAS SOLD IT TO JILL.
I FORGET HOW TO PRONOUNCE HER NAME.
SO AS I SAID, HE NO LONGER LIVES THERE.
SO WHY, I'M GONNA TELL YOU, THERE'S QUITE A FEW REASONS.
HE'S OWNED THAT HOUSE, OR HE OWNED IT UNTIL DECEMBER FOR 14 YEARS.
I'VE HAD MANY PROBLEMS WITH THOSE TENANTS BECAUSE HE WAS A LANDLORD, HE WAS RENTING IT OUT.
HE HAS HAD MANY TENANTS COMING IN AND OUT.
[00:15:01]
I DON'T THINK HE REALIZED THERE WERE MULTIPLE FAMILIES LIVING IN THAT TWO UNIT HOUSE.UM, A LOT OF TIMES I'D FIND BEER CANS ON MY LAWN.
THERE WOULD BE LOUD, UH, MUSIC PLAYING.
SO I THINK THEY WERE COLLEGE STUDENTS PROBABLY.
AND THROUGH THAT WINDOW, THAT'S MY SINK, THAT'S MY FAUCET.
AND YOU SEE MY SOAP ON EITHER SIDE.
AND THAT'S CHAIRMAN THE BED CHAIRMAN, MR. CHAIRMAN.
CAN WE GO BACK TO WHAT WE'RE HERE FOR? OF THE, THE FENCE? YEAH.
SHE'S EXPLAINING ABOUT WHY SHE NEEDS THE EXTRA TWO FEET BECAUSE THAT'S A SIX FOOT FENCE BEYOND THAT WINDOW.
SO IT'S, IT'S, IT'S, YEAH, PERTINENT.
I THOUGHT SHE WAS EXPLAINING HER JOB AND THE NEIGHBOR THAT USED TO LIVE THERE USED.
YEAH, I FINISHED TALKING ABOUT MY JOB.
NOW I'M TALKING ABOUT THE OPPOSITION.
AND IF YOU ADD, SEE THE SIX FEET, UH, FENCING RIGHT ABOVE THE WINDOW SILL, THAT'S SIX FEET.
SO IF I WERE TO ADD TWO FEET OF LATTICE ABOVE THAT, IT WOULD BLOCK THAT WINDOW ON THE OTHER SIDE.
AND SO THIS IS WHAT I WAS ABOUT TO TELL YOU IS THAT FROM MY KITCHEN WINDOW, UH, AND THIS WAS WHEN I HAD, UH, FOSTER CHILDREN, WE WOULD SEE SEX ACTS FROM THAT BEDROOM WINDOW.
AND I WOULD HAVE TO TELL THE FOSTER CHILDREN, WHICH WERE LITTLE KIDS, NO, DON'T COME INTO THE KITCHEN, GET AWAY.
I HAD TO GO TO THE TENANTS AND SAY, WE CAN SEE YOU
PLEASE STOP THAT OR CLOSE YOUR BLINDS.
UM, I DON'T REALLY HAVE BLINDS ON THE KITCHEN WINDOW.
HOWEVER, WHAT I'M TRYING TO EXPLAIN TO YOU IS THAT WE COULD SEE THINGS THAT WERE X-RATED.
NOT ONLY THAT, I HAVE ONE MORE THING TO ADD.
THEY DON'T HAVE A GATE, SO ANYBODY CAN COME IN OFF THE STREET AND IT HAS HAPPENED.
UH, SOME MAN WEIRDO JUST CAME IN THROUGH THE BACK OF THEIR PROPERTY TO THE BACK, AND I COULD SEE RIGHT HERE WHERE HE WAS STANDING AND HE WAS URINATING.
HE JUST NEEDED SOME PRIVACY OFF THE STREET TO URINATE.
AND SO THAT'S WHAT I SEE FROM MY KITCHEN WINDOW.
IF I HAD TWO FEET OF LATTICE, I WOULD NOT SEE THOSE THINGS.
CAN YOU GO TO THE NEXT PICTURE AND CAN YOU TURN IT HORIZONTAL? OH, THAT ONE.
UM, WELL, I THINK, OH, I SEE RIGHT BEHIND THE, I THINK IT'S A CREPE MYRTLE TREE ON MY FENCE.
THERE'S A LITTLE WHITE SIGN AND IT'S, IT'S A SURVEILLANCE SIGN.
AND IF YOU LOOK TO THE LEFT OF IT ON THE PARKING LOT POST, THERE'S ANOTHER SURVEILLANCE SIGN.
ALL I WANTED TO SHOW IS THAT MY NEIGHBOR WOULD, UH, PUT SIGNS ON MY PROPERTY AND I NEVER COMPLAINED.
SO THE OPPOSITION IS A NEIGHBOR WHO'S, UH, TAKEN LIBERTIES AND, UH, HAS A SENSE OF ENTITLEMENT AND IS NO LONGER LIVING THERE AND STILL OPPOSING ME.
CAN YOU GO TO THE NEXT PICTURE? AND ON THE LEFT SIDE IS A TRASH BIN THAT BELONGS TO THE NEIGHBOR THAT I'M TALKING ABOUT, THE OPPOSITION.
SO IT'S A PERSON THAT HAS AN AX TO GRIND BECAUSE I HAD TO CALL THE CITY, UH, OR I HAD TO TELL HIM, PLEASE DON'T PUT YOUR TRASH BIN IN FRONT OF MY PROPERTY.
UH, BECAUSE THE CITY TOLD ME THAT THEY WILL CHARGE ME $17 EXTRA EVERY MONTH IF I HAVE TWO TRASH BINS.
CAN YOU GO TO THE NEXT PICTURE? WELL, WE, WE, WE WANNA BE CAREFUL ABOUT GETTING INTO NEIGHBOR TO NEIGHBOR COMPLAINTS.
WE, WE REALLY WANT TO STICK WITH THE VIEW SHED FENCE.
WHY THE HEIGHT? LET'S, LET'S, OKAY.
WE, WE COMPLETELY UNDERSTAND THAT YOU AND YOUR NEIGHBOR HAVE HAD SOME ISSUES.
SO TWO FEET OF FENCING WOULD BLOCK THAT VIEW OF MY NEIGHBORS, AND AS THEY SAY, GOOD NEIGHBORS MAKE GOOD FENCES, MAKE GOOD NEIGHBORS.
THIS IS THE VIEW OF, UH, THE OTHER SIDE NEIGHBOR INTO MY SON'S BEDROOM.
IT'S KIND OF HARD TO SEE WITH THE BUSH THAT I HAVE, BUT THERE'S A WINDOW RIGHT ABOVE THE SIX FOOT, AND THEN THERE'S A WINDOW UP AT THE GABLE.
CAN YOU GO TO THE NEXT PICTURE? UH, THAT'S JUST A BETTER PICTURE OF WHAT I JUST DESCRIBED.
CAN YOU GO TO THE NEXT PICTURE? UH, THIS IS A PICTURE FROM MY BEDROOM.
SO THERE, UH, IT'S KIND OF HARD TO SEE THE AWNING ON THE NEIGHBOR'S PROPERTY, BUT THAT IS THEIR KITCHEN WINDOW.
SO FROM THEIR KITCHEN WINDOW, THEY CAN SEE INTO MY BED ROOM.
THIS, UH, IS ALSO A VIEW OF THE NEIGHBORS OF VIEW OF MY BEDROOM OR ANOTHER BEDROOM RATHER, AND MY, MY RESTROOM.
SO I ALWAYS EITHER HAVE TO HAVE MY WINDOWS CLOSED OR WHEN BLINDS CLOSED OR JUST BE PROPERLY AND DECENTLY DRESSED AT ALL TIMES.
UM, SAME THING, IT'S JUST A CLEARER PICTURE FROM THEIR SIDE TO MY BED.
UH, THIS IS THE VIEW I CURRENTLY HAVE OF MY NEIGHBORS.
A TWO FEET OF LATTICE WOULD, UH, STOP THAT PIPE.
IT'S NOT VERY PRETTY VIEW THAT I HAVE.
UM, THAT'S MY BACK NEIGHBORS AND, UM, I THINK TWO FEET OF, UH, LATTICE WOULD PREVENT SOME OF THAT UNSIGHTLINESS TOO.
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THIS IS A EIGHT FOOT FENCE, UH, FROM MY NEIGHBOR, UM, ON THE SAME STREET.AND THEY GOT PERMISSION TO HAVE AN EIGHT FOOT FENCE.
AND THAT'S EXACTLY WHAT I'M ASKING FOR.
AND BY THE WAY, THE OWNER OF THAT PROPERTY WAS A BOARD MEMBER OF THE ALTAVISTA NEIGHBORHOOD ASSOCIATION AND APPARENTLY HAD NO PROBLEM GETTING THIS APPROVED.
UM, AND THIS IS, UH, TWO PICTURES OF THE SAME FENCE.
I JUST KIND OF MADE IT CLEARER ON THE TOP, BUT IT IS ALSO AN EIGHT FOOT FENCE ON WEST KING'S HIGHWAY, MY STREET.
AND I'M JUST SHOWING YOU HERE HOW PRETTY THE, I STARTED TO DO THE SIX FOOT FENCE.
I GOT APPROVAL FOR THAT AND IT'S LOOKING VERY NICE.
UM, I'M GONNA OPEN THIS FOR BOARD QUESTIONS.
UH, THE APPLICANT HAS IN, HAS IN IMPLIED THAT SHE WOULD BE LOOKING FOR A CONTINUANCE, BUT I'M LOOKING FOR BOARD MEMBERS WHO MIGHT BE, HAVE SOME, SOME CRITICISM, EXCUSE ME, OR CONCERNS.
UH, WE HAVEN'T HEARD FROM THE CITY YET.
THE CITY'S THE CITY'S ALREADY DONE THEIR PRESENTATION.
THIS CONTINUANCE FROM, SO THERE'S, SO HEARING WHAT THIS APPLICANT AND SEEING THE PICTURES, ARE THERE ANY BOARD MEMBERS THAT HAVE ANY CONCERNS WITH WHAT SHE'S ASKING FOR? YES.
I, I SEE THAT YOU HAVE CURTAINS AND DRAPES AND, UH, BLINDS ON YOUR WINDOWS.
SO IT SOUNDS TO ME LIKE WHAT YOU'RE COM WHAT YOU'RE BASICALLY, UH, SAYING IS YOUR REAL RE YOUR REASON IS IS BECAUSE PEOPLE CAN LOOK IN.
BUT WHY CAN'T YOU USE YOUR BLINDS AND YOUR SHADES? I DO USE MY BLINDS AND SHADES.
I WOULD LIKE TO HAVE SOME SUN COME IN.
I WOULD LIKE TO OPEN MY BLINDS.
I HAVE A QUE HOW IT LOOKED LIKE YOUR HOUSE IS MUCH HIGHER THAN YOUR NEIGHBOR'S HOUSE.
THEY ARE, NO, I MEAN, LIKE, YOUR, YOUR FINISHED FLOOR SEEMS TO BE HIGHER BECAUSE WHEN YOU'RE STANDING AT YOUR KITCHEN, IT LOOKS LIKE YOUR KITCHEN WINDOW IS MUCH HIGHER THAN THE FIRST FLOOR OF YOUR NEIGHBOR'S WINDOW.
DID I, IS THAT FROM THE PICTURE? I DON'T KNOW.
STAFF, CAN YOU BRING THAT PICTURE BACK UP? IT JUST LOOKED LIKE YOUR HOUSE IS TWO OR THREE FEET HIGHER.
LIKE IF I'M, IF I'M STANDING ON YOUR, YOUR FINISHED FLOOR AT YOUR KITCHEN, YOU'RE WAY OVER THAT SIX FOOT FENCE.
AND SO I'M, IT JUST APPEARS LIKE YOUR HOME IS PRETTY HIGH IN THE AIR.
UM, I'M JUST WONDERING IF THAT'S SOMETHING YOU COULD VERIFY.
LIKE WITH ELEVATION A SURVEY OR SOMETHING.
I, I DON'T KNOW HOW I WOULD JUST YOUR OPINION? JUST YOUR OPINION.
I JUST KNOW THAT IF YOU ADDED TWO FEET OF LATTICE, I WOULDN'T SEE ALL THAT THAT I'M SEEING.
ANY OTHER QUESTIONS? MENCHACA, MANNA.
CAN YOU HEAR ME NOW? A LITTLE BIT.
I JUST HAVE A SMALL QUESTION, NOT TO ADD ANY MORE TO YOUR, UM, BURDEN OF THINGS TO ADD, BUT, UH, IT, IT APPEARS TO ME THAT THE FENCE, THE WAY IT'S LOCATED, YOU HAVE NO ROOM TO ADD ANY KIND OF SHRUBS.
THEY WOULD GROW AND BLOCK THE VIEW OF THE NEIGHBOR.
IT LOOKS LIKE YOU GOT VERY NARROW BETWEEN THE FENCE AND THE DRIVEWAY.
YOU HAVE NO ROOM TO GROW ANYTHING.
UM, SO YOU'RE ASKING ME IF I HAVE ROOM TO ADD
UM, I HAVE, AND, AND THEY COMPLAIN ABOUT MY PLANTS.
SO THE NEIGHBOR THAT WE DON'T WANNA TALK ABOUT, UM, IS ALWAYS COMPLAINING ABOUT MY PLANTS.
SO I MEAN, WITHIN AN HOUR OR TWO I TRIM 'EM BACK.
SO, UM, SO, SO ONE QUESTION TO ADDRESS, YOU KNOW, ONE OF THE QUESTIONS YOU HAD WITH REGARDS TO WHO CAN SUBMIT THEIR POSITION, YOU KNOW, FOR, YOU KNOW, I GUESS FOR YOUR, FOR YOUR CASE, IT'S REALLY ANY CITIZEN SAN ANTONIO CAN SUBMIT A CASE.
THAT'S WHAT I FOUND OUT TODAY.
AND SO, UM, AND SO, YOU KNOW, SO A LOT OF TIMES WE TAKE INTO ACCOUNT, YOU KNOW, CERTAINLY THE 200 FOOT PERIMETER, BUT ALSO, YOU KNOW, THE REST OF THE COMMUNITY AS WELL AS NEIGHBORHOOD ASSOCIATIONS.
SO, SO THOSE ARE GROUPS THAT, YOU KNOW, YOU PROBABLY DO WANNA REACH OUT TO, UM, ESPECIALLY THE, THE NEIGHBORHOOD ASSOCIATION, YOU KNOW, SO JUST, JUST A SUGGESTION.
UM, THEY'RE THE ONES THAT SET THAT, UM, IT WOULD BLOCK THE BREEZE AND BLOCK THE VIEW.
SO I GUESS, UM, SO, SO THEY, I GUESS THEY, THEY HAD THAT POSITION.
SO, UM, THE, UM, AND THEN LATTICE IS CONSIDERED, IT'S STILL, IT'S NOT 75% OPEN AND THAT'S WHAT'S CONSIDERED AN OPEN FENCE.
AND BECAUSE IT'S NOT THAT OPEN, THAT'S WHY EVEN THOUGH, YOU KNOW, YOU MAY STATE THAT IT'S, IT ALLOWS TO BREEZE THROUGH, IT'S A 75% THAT'S REQUIRED, UH, TO BE OPENED.
UM, SO THEN, UM, AS FAR AS, UM, YOU KNOW, THERE ARE OTHER OPTIONS I GUESS AVAILABLE.
UM, SO WITH REGARDS TO, UM, UM, BLOCKING VIEWS, SO HAMMERED GLASS OR DIFFERENT TYPES
[00:25:01]
OF GLASS FEATURES, UH, ON WINDOWS THAT STILL ALLOW THE LIGHT TO COME IN.UM, BUT, BUT DISTORTED SO THAT, UM, YOU KNOW, SO THAT, YOU KNOW, YOU CAN'T SEE INTO IT.
UH, SHUTTERS NOW, THAT'S WHAT I HAVE AT MY HOUSE A LOT OF.
AND THEN, UM, SOUNDS, SOUNDS SOFT, SOUNDS EXPENSIVE.
AND SO, SO, YOU KNOW, SO THERE'S LOTS OF OTHER OPTIONS TO CONSIDER.
AND SO ONE OF THE THINGS MAYBE TO ADDRESS WHY ANY OF THOSE OPTIONS OR OTHER OPTIONS, YOU KNOW, WOULDN'T BE APPROPRIATE, I GUESS, AS YOU COME THROUGH ON, ON YOUR NEXT VISIT.
UM, NO, I MEAN, I STILL WOULD LIKE TO BE ABLE TO LOOK OUT AND SEE MY DOG.
SO, SO WITH THAT, UM, THERE'S NOTHING ELSE.
UM, THE APPLICANT IS SUNGA, UH, UH, COMMISSIONER ZUNIGA.
MA'AM, IF YOU COULD JUST STATE WHAT IS THE HARDSHIP AND WHY DO YOU WANT THE LETTERS FENCE UP THE HARDSHIP? UM, IT'S JUST ON WHAT WE'RE HERE FOR EVERY DAY FOR THAT.
WHY DO YOU NEED IT? AND WHAT IS THE HARDSHIP? YEAH, I DIDN'T KNOW THAT A HARDSHIP WAS NECESSARY.
SO I MEAN, IF YOU THINK OF LACK OF PRIVACY AS A HARDSHIP, THEN THAT WOULD BE IT.
SO, UM, STAFF, WHEN'S THE NEXT AVAILABLE MEETING? UH, APRIL 4TH IS THE NEXT AVAILABLE MEETING.
SO WOULD YOU REC, WOULD YOU STILL LIKE US TO, UH, PURSUE A CONTINUANCE TO APRIL 4TH? IS THAT ENOUGH TIME FOR YOU? WELL, I DON'T KNOW.
WELL, LET ME ASK YOU THIS THEN.
UM, SO AS, I CAN'T REMEMBER WHO WAS MENTIONING, UH, THAT ANYBODY IN THE CITY OF SAN ANTONIO CAN VOTE.
UM, I MEAN, IS IT NECESSARY? IT NECESSARY? I, I, WELL, WE HONESTLY THOUGHT ONLY THE PEOPLE IN 200 FEET PARAMETER.
WELL, WE, THEY WE'RE REQUIRED TO SEND NOTICES OF THE TWO, UH, RESIDENTS WITHIN 200 FEET.
BUT ANY CITIZEN CAN SPEAK UP ON ANY CASE.
UH, IT JUST WILL KIND OF WEIGHT THE BOARD DECIDES, UH, TO PUT ON IT AS THEY MAKE THEIR, THEIR VOTE AND, AND DETERMINATION.
AND CHAIR, IF I CAN CHIME IN A LITTLE BIT.
SO IT'S NOT A VOTE, IT'S JUST PUBLIC COMMENT THAT IS RECEIVED.
AND SO, LIKE YOU SAID, WE, WE MAIL NOTICES TO PROPERTY OWNERS WITHIN 200 FEET.
'CAUSE THAT'S WHAT'S REQUIRED BY STATE LAW AND CITY CODE.
UH, BUT ANYONE WHO HEARS ABOUT THE CASE CAN PROVIDE THAT INPUT, BUT IT'S NOT A VOTE.
THE ONLY PEOPLE THAT VOTE ON A CASE IS THE BOARD MEMBERS.
AND, UM, IN ORDER FOR A CASE TO BE PASSED, YOU NEED ALL NINE MEMBERS TO VOTE YES.
FOR YOUR, UH, SPECIAL EXCEPTION.
I WOULD JUST ADD NINE OUT OF 11 IMP PANELED MEMBERS.
SO DON'T HAVE 11 TODAY SO THAT YES, WE TYPICALLY HAVE 11 TO POTENTIALLY CONTINUANCE.
SO WE THANK YOU MR. HERNANDEZ.
WE ONLY HAVE NINE SEATED TODAY.
SO YOU WOULD NEED EVERYBODY HERE TO VOTE YES FOR THIS TO PASS.
UH, IF YOU FEEL LIKE YOU NEED MORE TIME AND YOU'D LIKE TO GO TO, UH, THE FIRST MEETING IN APRIL, OR EVEN THE SECOND MEETING IN APRIL, I'M WONDERING WHAT YOUR, UH, WHAT YOUR WISH IS.
I DON'T KNOW WHAT ELSE I COULD PRESENT EXCEPT FOR MORE SIGNATURES.
I'M, I'M EXTENDING THAT TO YOU BECAUSE YOU SEEM TO BE CONCERNED ABOUT OPPOSITION.
AND THEN I GUESS THE OPPOSITION THAT I HEARD FROM THE, THE BOARD IS, IT SOUNDS LIKE I NEED TO ADDRESS THAT AND BRING PEOPLE TO ANSWER YOUR QUESTIONS ABOUT, UM, PRIVACY OR, OH, I FORGOT WHAT YOU SAID.
CLOSE MY BLINDS, YOUR HARDSHIPS AND POTENTIAL CHANGES TO THE WINDOW.
SO IF, WHAT DATE WOULD BE GOOD FOR YOU? UM, THAT'S FINE.
APRIL THE FOURTH? NO, THE, THE, THE NEXT ONE.
SO IS, IS THERE A COMMISSIONER THAT TO MAKE A MOTION ON THIS CASE, MR. CHAIRMAN? UH, YES.
DOES SHE WANT TO PROCEED? IT'LL BE THE SAME.
SHE'S ALREADY ASKING FOR A CONTINUANCE.
WELL JUST FEEL LIKE I'M HEARING OPPOSITION ABOUT IT.
KIND OF SOUNDS LIKE I'M MAKING A FRIVOLOUS CASE.
I DON'T FEEL LIKE IT IS, BUT, UH, COMMISSIONER THIEL, I MOVE THAT, UH, WE CONTINUE THIS CASE TILL APRIL 4TH, OR EXCUSE ME, APRIL 18TH.
CHAIR, CAN WE HAVE DISCUSSION? UM, SURE.
UM, WHO WOULD PLEASE PROCEED? COMMISSIONER ALBERT.
I JUST HAVE A REQUEST FOR STAFF, UH, FOR WHEN WE RECONVENE FOR THIS CASE.
COULD WE HAVE, UH, COPIES OF THE LETTERS AND, AND STUFF BACK FOR OUR REVIEW? SURE.
CHAIR ORIAN AND I ALSO VOTE? YES.
[00:30:01]
UH, YOU'RE CONTINUED TO APRIL 18TH.UH, PLEASE TAKE THE, UH, VARIOUS, UH, COMMENTARY YOU'VE HEARD TODAY AND, AND BE PREPARED TO ADDRESS SOME OF THOSE CONCERNS.
AND PLEASE TALK TO STAFF ABOUT, YOU KNOW, WHAT SOME OF THESE TERMS MEAN AND, AND, AND LIKE THE WORD HARDSHIP THAT YOU HEARD TODAY AND WHAT WE'RE, WHAT WE'RE LOOKING FOR AS FAR AS INFORMATION.
SO I WANNA NOTE THAT AGENDA ITEM NUMBER THREE, UM, CASE BO O A 21 1 0 3 0 0 1 75 IS WHAT WITHDRAWN.
SO WE'LL MOVE FORWARD TO CASE NU AGENDA ITEM NUMBER FOUR.
ITEM NUMBER FOUR IS FOR CASE BO A DASH 22 DASH 1 0 3 0 0 0 2 6.
WITHIN COUNCIL DISTRICT TWO, THE APPLICANT BEING S R O ENGINEERING SERVICES INC.
IS A REQUEST FOR A VARIANCE FROM THE FRONTAGE REQUIREMENT TO ALLOW THE FRONTAGE OF A SINGLE FAMILY RESIDENTIAL LOT ON A SECONDARY ARTERIAL TYPE B STREET.
THE PROPERTY IS OWNED RMM FOUR RESIDENTIAL MIXED DISTRICT, UH, THE, EXCUSE ME, IS THIS, DID SOMETHING HAPPEN TO ITEM THREE ON THE AGENDA? UH, YES.
THE PROPERTY IS LOCATED AT THE CORNER OF SPRUCE STREET AND IOWA STREET.
UM, THE PROPERTY IS CURRENTLY VACANT AND THE APPLICANT IS PROPOSING TO CONSTRUCT A DUPLEX ON THE PROPERTY.
THE STRUCTURE AND DRIVEWAY APPROACH ARE BEING PROPOSED TO FRONT ON IOWA WHEN DEVELOPING A SINGLE FAMILY LOT.
SECTION 35 DASH 515 OF THE U D C STATES THAT FRONTAGE CANNOT BE LOCATED ON AN ARTERIAL STREET.
THE PLANS FOR THE CONSTRUCTION HAVE BEEN SUBMITTED AND REVIEWED, WHICH PROMPTED THIS REQUEST FOR THE VARIANCE.
THIS IS THE SITE PLAN PROVIDED BY THE APPLICANT.
PLEASE NOTE THAT IT HAS BEEN REVISED DUE TO THE GARAGE NOT HAVING THE REQUIRED 20 FOOT FRONT SAT BACK.
AND HERE'S A LOOK OF THE SUBJECT PROPERTY AND ANOTHER VIEW OF THE SUBJECT PROPERTY.
AND THIS IS A VIEW OF THE PROPERTY AND THE ABUTTING LOT, WHICH IS ALSO VACANT.
AND ANOTHER VIEW OF THE SAME PROPERTIES AND SURROUNDING AREA AND SURROUNDING AREA.
THIS IS LOOKING DOWN IOWA STREET FOR THE RECOMMENDATION ON THE LOT FRONTAGE VARIANCE.
STAFF DOES RECOMMEND DENIAL FOR THE LOT FRONT VARIANCE BASED ON THE FOLLOWING FINDINGS OF FACT, THERE DO NOT APPEAR TO BE ANY UNIQUE CIRCUMSTANCES ON THE PROPERTY THAT WOULD PROHIBIT THE LOT FROM FRONTING ON A SECONDARY ARTERIAL TYPE B.
THERE WERE 38 NOTICES THAT WERE MAILED.
ONE IN FAVOR, ZERO IN OPPOSITION, AND WE DID NOT RECEIVE A RESPONSE FROM DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION.
AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
UH, WILL THE APPLICANT PLEASE COME FORWARD? UH, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN BEGIN YOUR PRESENTATION.
UH, MY NAME'S FERHON EO AND, UM, I WASN'T THE APPLICANT OR THE OWNER.
UM, SO WE JUST WANNA MAKE, UH, SOME QUICK OBSERVATIONS OR STATE SOME OBSERVATIONS.
DID YOU PROVIDE YOUR, WE NEED YOUR FULL NAME AND ADDRESS, PLEASE.
OH, FERNANDO BO, UH, 3 27 MCLAUGHIN AVENUE, SAN ANTONIO, TEXAS.
UM, SO WE JUST WANNA STATE SOME OBSERVATIONS THAT WE SAW WHEN WE PURCHASED THE PROPERTY TILL BASICALLY RIGHT NOW.
UH, THE FIRST ONE IS THE PREVIOUS HOME THAT WAS THERE BEFORE THE LOT BECAME VACANT.
UM, THE ONLY ACCESS IT HAD, UM, PEDESTRIAN AND VEHICLE WAS OFF IOWA STREET.
UM, THERE IS CURRENTLY NO EXISTING DRIVEWAY APPROACH ON SPRUCE STREET, WHICH IS THE, THE OTHER CORNER, UH, STREET TO IT.
UH, THE MAJORITY OF ALL THE RESIDENTIAL ZONE LOTS ON IOWA HAVE ACCESS PEDESTRIAN AND VEHICLE OFF OF IOWA.
THEY ALL HAVE EXISTING DRIVEWAY APPROACHES.
UM, SO ADDRESSING THE ADDRESSING DEPARTMENT WAS THE FIRST PEOPLE TO REVIEW THIS PROJECT AND THEY APPROVED IT.
THEY ACCEPTED OUR CERTIFICATE OF DETERMINATION AND THEY ALSO GAVE US THE ADDRESSING 7 21 AND 7 23 IOWA FOR THE PROJECT.
UH, RESIDENTIAL BUILDING DEPARTMENT WAS THE NEXT PEOPLE TO REVIEW THE, THE PROJECT, AND THEY ALSO GOT APPROVED WITH VERY MINOR ADJUSTMENTS.
IT WASN'T UNTIL THAT ENTIRE PROCESS WAS COMPLETE AND WE'RE ABOUT TO RECEIVE OUR PERMIT THAT WE RECEIVED AN ADDITIONAL ISSUE FROM ADDRESSING, STATING THE, THAT VARIANCE WHERE WE COULDN'T HAVE ACCESS OFF OF IOWA.
[00:35:01]
AND BASICALLY THE OWNER, UH, WANTS TO SAY THAT IF THIS VARIANCE WAS TO GET DENIED, I MEAN IT WOULD COST THOUSANDS OF DOLLARS FOR US TO GO REDESIGN A COMPLETELY DIFFERENT BUILDING, UH, TO BE ABLE TO ACCESS IT OFF OF SPRUCE STREET INSTEAD OF IOWA.UM, AND CURRENTLY, I MEAN, WE'RE TRYING TO MAXIMIZE THE UTILIZATION OF THAT RMM FOUR, WHICH WILL ALLOW US TO PUT A DUPLEX IF WE HAD TO REDESIGN SOMETHING FOR OFF OF SPRUCE, IT WILL ONLY BE LIKE A SINGLE RESIDENTIAL HOME.
AND THEN, UM, THIS PROJECT IS LOCATED IN THE CRAIG AREA, SO WE KNOW THAT THE AREA WOULD, UM, BENEFIT FROM, YOU KNOW, HAVING A REAL NICE, UH, DUPLEX BEING BUILT THERE.
AND, UM, THAT'S BASICALLY ALL.
HAS ANYONE SIGNED UP TO SPEAK? NO, NO ONE SIGNED UP.
UH, SIR, CAN YOU PLEASE COME BACK? WE'LL, WE'RE GONNA HAVE SOME QUESTIONS FOR YOU.
UH, IS THERE ANY, UH, COMMISSIONER QUESTIONS? OH, UH, COMMISSIONER ZUNA.
SO I, I HEARD IN YOUR TESTIMONY THAT YOU WENT THROUGH THREE LEVELS OF CITY APPROVALS BEFORE YOU END STOP WAS WHERE THEY THEN CHANGED THE ADDRESS ON YOU? WELL, THE FIRST ONE WE SUBMITTED OUR APPLICATION AND THEN IT WENT TO ADDRESSING AND THEN ADDRESSING APPROVED OUR CERTIFICATE DETERMINATION AND THEY GAVE US OUR ADDRESS.
SO THEN WE GOT PAST THAT PROCESS AND THEN WE WENT TO RESIDENTIAL BUILDING AND WE GOT OUR, OUR BASICALLY OUR TECHNICAL PLANS REVIEWED AND, UM, HAD SOME MINOR ADJUSTMENTS, GOT THOSE APPROVED.
ONCE THAT GOT APPROVED, THEN WE GOT HIT WITH ANOTHER ISSUE FROM ADDRESSING SAYING, YOU KNOW, THAT WE COULDN'T BE.
SO AT THAT POINT, EACH POINT ALONG THE WAY YOU WERE SPENDING MONEY TO YEAH, ABSOLUTELY.
FURTHER THE DESIGN AND, AND PLANS AND, AND, AND, YEAH, ABSOLUTELY.
IT WASN'T UNTIL THE VERY END WHEN WE FOUND OUT WE COULDN'T ACCESS OFF OF IOWA.
AND WAS ANY CLEAR VISION ISSUE WITH HAVING THE ADDRESS OR ACCESS OFF OF IOWA STREET, UH, VERSUS THE SPRUCE STREET OR, I'M NOT SURE IF THE, YOU KNOW, THE DESIGNER, YOU KNOW, LOOKED INTO THAT OR ANYTHING.
ANY OTHER QUESTIONS? MENCHACA UH, COMMISSIONER MENCHACA, SMALL QUESTION, UH, FOR STAFF.
UH, AND HE RENTS, HE UH, MENTIONED THAT THE OTHER HOUSES WERE HAVE AN EXIT AND ENTRANCE FROM IOWA STREET AND NOW HE WANTS AN ENTRANCE AND EXIT.
WAS THERE SOME SORT OF, UM, UH, ORDINANCE THAT WENT IN THAT PREVENTS HIM FROM DOING IT NOW? OR IS IT JUST A LOT SIZE THE WAY IT'S POINTING? I'M NOT SURE WHEN THE CER THE CURRENT CODE WENT INTO EFFECT.
UM, BUT I DO KNOW THAT THERE ARE SOME OTHER HOU HOMES ON THAT STREET THAT ARE FRONTING IOWA AND THEY'RE JUST NOT CONFORMING AT THIS POINT.
AND THE, THE CURRENT PROPERTY DOES HAVE, UM, AN EXISTING DRIVEWAY APPROACH FOR IOWA AND IT DOESN'T HAVE NO DRIVEWAY APPROACH ON SPRUCE.
AND I HAVE A QUESTION FOR THE APPLICANT, ALSO, THE ADJACENT STREET ON THE CORNER.
UH, WHEN YOU WERE DESIGNING THIS AND, UH, THE STRUCTURE ON THE LAND, WHY WAS THE ADJACENT STREET OMITTED AS THE ENTRANCEWAY RATHER THAN IOWA? BECAUSE THE OWNER WANTED TO PUT A DUPLEX TO MAXIMIZE THE ZONING CAPABILITY OF THAT LOT AND TO PUT A DUPLEX, WE NEEDED MORE, UH, FRONTAGE, FRONT FRONTAGE TO BE ABLE TO PUT, YOU KNOW, TWO DRIVEWAYS IN THERE AND SPRUCE WOOD AND ALLOW THAT.
IT'S, IT WAS A LOT MORE NARROW, BASICALLY HALF THE SIZE.
ANY, ANY OTHER QUESTIONS? MANNA, COMMISSIONER MANNA? SO ONE OF THE QUESTIONS IS, UM, SO, SO YOU HAVE TO BE ABLE TO SAFELY EGRESS OUT ONTO A STREET AND, AND THEY TALKED ABOUT THE DRIVEWAY NOT BEING LONG ENOUGH.
AND SO, SO I GUESS HOW DO YOU PLAN ON ADDRESSING THAT? UM, 'CAUSE YOU CANNOT SET IT UP SO THAT YOU CAN PARK IN A DRIVEWAY AND BE IN THE STREET.
AND SO IT LOOKS LIKE, YOU KNOW, WHAT YOU'RE ASKING FOR ALMOST REQUIRES THAT.
SO I GUESS THAT HAS TO BE ADDRESSED SOMEHOW.
AGAIN, UM, WHAT'S CALLED, WE REDESIGNED THE DUPLEX THAT WE ORIGINALLY SUBMITTED TO AND WE REMOVED THE GARAGE AND PUT A CARPORT THAT WAY THE CARS THAT ARE GONNA BE PARKING AT THAT DUPLEX ARE NOT HANGING OFF ONTO THE SIDEWALK OR ANYTHING.
THEY'RE GONNA BE ABLE TO PULL ALL THE WAY THROUGH INTO THE ENTIRE PROPERTY.
CAN YOU BRING UP THE PLAN AGAIN? UH, DO YOU HAVE A PLAN THAT SHOWS THAT? UM, UH, NO, I DON'T.
UH, 'CAUSE BECAUSE YOU TALKED ABOUT MAXIMIZING THE PROPERTY AND SO, SO JUST TRYING TO UNDERSTAND, YOU KNOW, WITH REGARDS TO THE SIZE OF THE PROPERTY ITSELF AND THE SETBACKS, YOU KNOW, HOW YOU'RE GONNA BE ABLE TO ACCOMPLISH THAT.
SO JUST TRYING TO UNDERSTAND THAT.
UH, YOU SAID THAT YOU'VE PUT CONSIDERABLE AMOUNT OF MONEY INTO THE DESIGN OF THIS.
HOW MUCH WOULD IT COST YOU TO REDESIGN IT? UM, ANYTHING BETWEEN FIVE AND $10,000.
ANY OTHER QUESTIONS? I WOULD, I WOULD JUST ADD PLUS THE ECONOMIC LOSS OF GOING FROM A SINGLE FAMILY TO DUPLEX IF THEY WERE INTENDING TO RENT IT OUT.
I MEAN, IT'S AN ECONOMIC LOSS OF, YEAH.
SO I HAVE A QUESTION AND THE, THE OR THE CITY ENGINEERED MAPS REFLECT IOWA'S BEING A 55.6 FOOT RIGHT OF WAY.
[00:40:01]
AND I'M WONDERING AS A THOROUGHFARE, IS THIS A COLLECTOR OR A THOROUGHFARE OR ONTARIO, DO YOU KNOW WHAT THE INTENDED RIGHT OF IS? OH, WE HAVE IT CLASSIFIED AS AN ARTERIAL TYPE B.VASTLY DIFFERENT THAN A HUNDRED YEARS AGO WHEN IT WAS FIRST LAID OUT.
SO WHAT THE RULE IS, IS THAT YOU CAN'T, YOU CAN'T HAVE THAT DRIVEWAY ONTO IOWA BECAUSE OF THE WAY THE STREET'S CLASSIFIED.
UH, AND A LOT OF ARTERIALS SOMETIMES WILL HAVE MULTIPLE LANES.
YOURS HAS ONE LANE EACH DIRECTION WITH A BICYCLE LANE, SO IT'S NOT AS INTENSE AS OTHER ARTERIALS.
BUT THERE'S ANOTHER CODE THAT SAYS THAT WHEN YOU HAVE A DRIVEWAY OFF OF AN ARTERIAL ON A LOCAL B OR A, UH, YOU'RE SUPPOSED TO STAY 125 FEET AWAY OR 90% OF THE DISTANCE AND YOUR LOT IS SHOWN TO BE 45 FEET ON, ON THE, UH, SIDE STREET SIDE.
AND SO IF YOU WERE TO PUT A DRIVEWAY THERE, IT, WHAT, WHAT STAFF WOULD NORMALLY DO IS WANT THAT DRIVEWAY ALL THE WAY TO THE END, WHICH, WHICH I THINK MAY BE A HINDRANCE.
UH, DID YOU HAVE, DID YOU TRY ANY LAYOUT PLANS WHERE YOU WOULD ATTEMPTED TO PUT A DRIVEWAY, UH, ALL THE WAY TO THE BACK, FURTHEST AWAY FROM THE CORNER? I'M NOT SURE IF THE DESIGNER, YOU KNOW, WENT THROUGH THAT, THROUGH THAT PROCESS, BECAUSE EVEN IF YOU DID A RESIDENTIAL DRIVEWAY, YOUR DRIVEWAY WOULD BE SO CLOSE TO THE CORNER.
I'M, I GUESS MY CONCERN WOULD BE IS, I DON'T KNOW WHAT'S WORSE IS BACKING OUT INTO IOWA OR HAVING A DRIVEWAY SO CLOSE TO THE CORNER.
IT'S JUST, YOU KNOW, THERE'S A REASON FOR THAT TOO.
IT'S NOT A DEEP THOUGHT AT ALL.
ARE THERE ANY OTHER CONCERNS OR COMMENTS FROM THE BOARD? BRAGMAN, UH, COMMISSIONER BRAGMAN, UM, COULD STAFF PULL UP THE, UH, RENDERING OF THE PROPERTY? COULD YOU SHOW US, COULD YOU SHOW US ON THERE WHERE THE PLANNED CARPORTS ARE GONNA BE? I'M NOT SEEING WHERE RIGHT, RIGHT THERE IN THE MIDDLE.
UH, THERE'S A POINTER I BELIEVE THERE AT THE PODIUM RIGHT THERE.
UH, THAT'S GAR GARAGE ONE AND GARAGE TWO.
WHAT WE DID IS WE TOOK THE GARAGE DOORS OFF HERE AND THE CARPETS ARE GONNA BE ABLE TO PULL ALL THE WAY THROUGH AND WE HAVE A OPENING BACK HERE AS WELL.
SO THEY'LL BE ABLE TO PULL ALL THE WAY THROUGH, OBVIOUSLY, I MEAN, LIKE THAT GENTLEMAN SAID, THIS IS ONLY 45 FEET WIDE, SO THEY WOULDN'T BE ABLE TO PULL ALL THE WAY THROUGH, BUT IT'LL BE MORE THAN ENOUGH TO GET TWO CARS IN HERE BECAUSE WE REMOVE THAT BACK WALL.
SO IT'LL BE A, A CARPORT AND NOT A GARAGE.
YEAH, JUST BECAUSE IT'S, IT DOESN'T HAVE A GARAGE DOOR.
THAT'S WHY YOU'RE CALLING OUT A CARPORT.
YEAH, WELL, BECAUSE WE REMOVED THE BACKSIDE AS WELL TOO.
'CAUSE WE NEED TWO OPENINGS OKAY.
TO DEIFIED A CARPORT AND THAT WAY, BECAUSE WE NEEDED TO HAVE 20 FEET FROM THE PROPERTY LINE TO THE FRONT OF THE GARAGE DOOR OPENING AND WE DIDN'T HAVE IT.
SO TO ME, CODE WE REMOVED THE DOORS THAT WAY THEY COULD PULL THROUGH.
IS THERE ANY OTHER QUESTIONS? COMMISSIONER ALBERT? UH, QUESTION FOR STAFF.
IF THE APPLICANT, UH, SUCCEEDS TODAY, WILL HE HAVE TO COME BACK TO HAVE HIS DRIVEWAYS MOVE BACK FROM THE CORNER AS FAR AS POSSIBLE SINCE THEY EXCEED THE LIMIT RIGHT NOW? YEAH, OUR TRAFFIC TEAM HAS REVIEWED THE SITE PLAN AND THE ONLY VARIANCE THAT THEY DETERMINED WAS THAT IT'S FRONTING ON IOWA STREET.
ARE THERE ANY OTHER QUESTIONS? UH, HEARING NONE.
I'M LOOKING FOR A MOTION O ZUNA COMMISSIONER ZUNA REGARDING CASE NUMBER BO A DASH 22 DASH 0 3 0 2 6.
I MOVE TO THE BOARD OF ADJUSTMENTS.
GRANT THE REQUEST FOR A VARIANCE FROM THE FRONTAGE REQUIREMENT TO ALLOW FRONTAGE FOR A RESIDENTIAL LOT TO FRONT ON SECONDARY ARTERIAL TYPE B STREET, SITUATED AT 7 21 IOWA STREET, APPLICANT BEING I S R O ENGINEERING SERVICES, P L L C.
BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC.
THE REQUEST IS TO ALLOW RESIDENTIAL STRUCTURES TO HAVE A FRONT, TO HAVE A FRONTAGE, UH, LOCATED ON A SECONDARY DIRECTORIAL.
OB STREET, UH, DOES NOT APPEAR TO BE CONTRARY TO PUBLIC INTEREST AS THE APPLICANT HAS ADEQUATE SPACE FOR A DRIVEWAY APPROACH DUE TO, DUE TO THE SPECIAL CONDITIONS OF LITERAL ENFORCEMENTS OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT ENFORCE WOULD'VE RESULTED IN UNNECESSARY HARDSHIP BY OPPOSING A LITERAL ENFORCEMENT.
THE OWNERS WOULD HAVE TO REDESIGN THE PLANS AND CHANGE THE ADDRESS TO HAVE THE PROPERTY FRONTS.
BRUCE STREET THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE AS DEFINED AS THE INTENT OF THE CODE, RATHER THAN THE EXACT LETTER OF THE LAW, THE INTENT OF THE FRONT'S REQUIREMENT IS TO ALLOW ACCESS ONTO THE LOT.
THE ACCESS OFF IOWA STREET APPEARS TO OBSERVE THE SPIRIT OF THE ORDINANCE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USE IS SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR ITS THE VARIANCE OF SOUGHT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OF THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT, APPLIES ITS VARIANCE, WILL WITHOUT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUEST IS FOR A FRONTAGE REQUIREMENT ON A SECONDARY OR TRAIL TYPE B FOR
[00:45:01]
THE PURPOSE OF FOR THE PROPOSED DEVELOPMENT.IT DOES NOT POSE A RISK OF SUBSTANTIAL INJU INJURY IN THE USE OF A ADJACENT PROPERTIES DOES NOT SEEM TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THERE ARE OTHER NON-CONFORMING LOTS FOUND IN PROXIMITY TO THE SITE.
THE APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SALT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY.
THEY'RE NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT.
AS THE PROPERTY IS LOCATED, THE BOARD FINDS THAT THE APPLY TO THE PROPERTY OWNER IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THE PROPERTY IS A CORNER LOT AND PRIOR TO THE DEMOLITION OF THE RESIDENCE AND PREVIOUS RE RESIDENCE, ALSO FRONTED OFF IOWA STREET AND OF MOTION.
SECOND, UH, SECOND BY COMMISSIONER THIEL.
COMMISSIONER ZUNA, PLEASE, UH, LEAD THE DISCUSSION RIGHT.
I'M GONNA BE SUPPORTING THE MOTION.
UM, FIRST OF ALL, WE DIDN'T SEE ANY OPPOSITION FROM THE NEIGHBORING PROPERTIES OR ANY OWNER'S ASSOCIATION OR SUCH THAT WOULD OPPOSE IT.
UM, WE SAW THAT, UH, THE, UM, THE, THE TRAFFIC AND PLAN REVIEW HAS REVIEWED IT.
THE ONLY VARIANCE IS SUCH THAT THEY WOULD NEED IS JUST WHAT WE'RE PROVIDING TO FOR IOWA STREET, IOWA STREET, UH, ACCESS.
AND I THINK THE DESIGN IS A GOOD DESIGN.
IT ALLOWS KIND OF A PULL THROUGH OF THE CARS INTO THE, INTO THE LOT.
UM, KIND OF A TUCK AWAY KIND OF PARKING.
UH, I THINK, YOU KNOW, FOR, FOR THE, UH, PROPOSED RESIDENTS, I THINK IT'S BETTER TO HAVE THE TWO UNITS AND PROVIDE HOUSING MUCH NEEDED HOUSING IN THE AREA, AFFORDABLE IN THE, IN THE NEIGHBORHOOD, AND CREATE A REINVESTMENT IN THE AREA.
UH, SO FOR THOSE REASONS IN OPPOSITION, I THINK IT'S A GOOD SOLUTION.
UH, METS ALL THE, THE CONDITIONS, UH, OF, UH, PLAN REVIEW, UM, SUPPORTING THE MOTION.
I'M IN AGREEMENT WITH MY COLLEAGUE.
UM, I ALSO THINK, YOU KNOW, THE EXISTING STRUCTURE THAT WAS ON THAT PROPERTY DID FRONT ON IOWA AS TO MANY OTHER PROPERTIES, UH, WITHIN A FEW BLOCKS OF THERE.
IT'S ALSO NOT THAT BUSY OF A STREET.
I'M VERY FAMILIAR WITH THE AREA.
UM, AND I THINK THE TUCK UNDER PARKING WITH A SINGLE APRON, UH, DRIVEWAY IS, UH, A, A PRETTY DECENT SOLUTION.
IS THERE ANYONE ELSE LIKE TO ADD ALBERT? COMMISSIONER ALBERT? YES, I'LL BE SUPPORTING THIS.
UM, I THINK HOUSING IS DEFINITELY NEEDED.
UH, AND FIELD DEVELOPMENT IS ALWAYS WELCOME.
UM, I'D, I'D HOPE THAT IT IS AFFORDABLE, ALL THOSE, THERE'S BEEN NO CLAIMS OR PROMISES THAT IT WILL BE AFFORDABLE.
UH, BUT, UH, I'D LIKE TO THINK THAT IT MIGHT BE.
SO YES, I'LL BE SUPPORTING IT.
UH, AND I'LL ALSO BE IN SUPPORT.
UM, THIS ISN'T A, A HUGE ARTERIAL LIKE, LIKE BIDDERS ROAD OR SOMETHING.
IT'S, IT, A 70 FOOT COLLECTOR STILL COUNTS AS A PRIMARY TERRO AS FAR AS RIGHT OF AWAY WIDTH.
SO I DON'T SEE ANY ISSUES WITH WHAT THEY'RE ASKING FOR.
UH, STAFF, PLEASE TAKE A ROLL CALL.
MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
UH, YOU CAN GET WITH STAFF IF YOU HAVE ANY QUESTIONS.
CAN YOU HAVE SOMEONE WE HAVE AN, UH, MICROPHONE ISSUES OVER HERE.
IT'S ACTUALLY I CAN'T LOG INTO GOOGLE MAPS.
UH, UP NEXT IS, UH, AGENDA ITEM NUMBER FIVE, BOA 20, UH, BOA 22 DASH OH 3 0 0 1 6.
UH, ADDRESS IS 1735 SOUTH WW WHITE ROAD CITY COUNCIL DISTRICT NUMBER TWO.
APPLICANT IS ADJACENT REED A REQUEST FOR A VARIANCE FROM THE MINIMUM LANDSCAPE BUFFER YARD REQUIREMENTS TO ALLOW A FIVE FOOT LANDSCAPE BUFFER ALONG SOUTH W W WHITE ROAD AS DESCRIBED IN SECTION 35 5 10 ZONING IS, UH, COMMERCIAL APPLICANT IS REQUESTING A CONTINUANCE TILL APRIL THE FOURTH.
IS THE APPLICANT PRESENT? UH, APPLICANT IS NOT PRESENT A OKAY.
UH, WITH THAT, UH, IS THERE ANY SIGN ANYONE SIGNED UP TO SPEAK ANY VOICEMAILS? UH, YES.
WE HAVE SOMEONE SIGNED UP TO SPEAK.
MS. MS. FRANKLIN, IF YOU COULD, UM, PLEASE STATE YOUR NAME AND ADDRESS AND LET US KNOW WHAT YOU THINK.
OH, MA'AM, CAN YOU, CAN YOU KINDA MOVE THE MICROPHONE DOWN A LITTLE BIT? NO.
YEAH, YOU CAN JUST, YEAH, THERE YOU GO.
THERE'S A GREEN BUTTON DOWN THERE.
ANITA L FRANKLIN 48 11 DEL CREST.
UH, I AM, UM, DEL CRESS AREA NEIGHBORHOOD ASSOCIATION SECRETARY AND ACTING PRESIDENT, UH, MYSELF AS WELL AS THE DEL CREST AREA NEIGHBORHOOD ARE IN FAVOR OF THE VARIANCE FROM THE MINIMUM LANDSCAPE BUFFER YARD
[00:50:01]
REQUIREMENTS TO ALLOW THAT FIVE FOOT LANDSCAPE BUFFER ALONG SOUTH WW WHITE ROAD SO THAT ANOTHER COMPETITIVE FINANCIAL INSTITUTION CAN BE BUILT LEADING TO MORE PROFESSIONAL BUSINESS GROWTH IN OUR AREA.UH, IS THERE ANYONE ELSE SEND IT? NO, THAT'S EVERYBODY.
UM, IS THERE THEN A DATE THAT THEY WERE THE APPLICANT WAS REQUESTING? APRIL 4TH.
IS THERE A MOTION THAT COMMISSIONER TOMAN, COMMISSIONER BRAGMAN, UH, IN THE CASE OF B O A DASH 22 DASH 0 3 0 0 0 0 1 6, I MOVE THAT THE CASE BE CONTINUED TO APRIL 4TH? I SECOND THAT.
UH, SECOND BY COMMISSIONER KAPLAN.
UM, ANY DISCUSSION HEARING NON STAFF PLEASE TAKE A ROLL CALL.
CHAIR ORIAN AND I ALSO VOTE? YES.
UH, MOTIONS CONTINUE TO THE 4TH OF APRIL.
ITEM NUMBER SIX IS BO O A 22 1 0 3 0 0 2 9.
LOCATED AT FOUR 10 BARRERA STREET IN COUNCIL DISTRICT ONE.
THE APPLICANT IS GERARDO GARCIA.
THE REQUEST IS TO ALLOW, UM, TWO ADDITIONAL TYPE TWO SHORT-TERM RENTALS.
AND THE ZONING OF THE PROPERTY IS INFIELD DEVELOPMENT ZONE.
SO THE PROPERTY IS GENERALLY LOCATED EAST OF LACKLAND.
UM, THERE IS CURRENTLY TWO SINGLE FAMILY DWELLINGS ON THE PROPERTY ITSELF.
UM, THERE ARE SOME SURROUNDING USES INCLUDING SINGLE FAMILY RESIDENTIAL AND S A I S D, UH, OFFICES NEXT DOOR.
UM, THERE'S CURRENTLY ONE OTHER TYPE TWO PERMIT THAT IS ISSUED ON THE NEIGHBORING PROPERTY.
UM, IT IS ACTUALLY THE SAME PROPERTY OWNER THAT OWNS THAT OR HOLDS THAT PERMIT.
UH, THEY ARE REQUESTING TO, UH, A SPECIAL EXCEPTION TO HAVE TWO ADDITIONAL PERMITS ON THE PROPERTY IN QUESTION FOR THE TWO UNITS.
SO THESE ARE SOME, UM, THAT MAP IS SHOWING LIKE PERMITS THAT ARE IN THE AREA GO BACK.
SO THOSE ARE JUST SOME SHORT-TERM RENTAL PERMITS THAT ARE ISSUED IN THE GENERAL VICINITY.
SO THIS IS THE SUBJECT PROPERTY.
UM, SO THOSE TWO RESIDENCES ARE REQUESTING A TYPE TWO PERMIT EACH, AND THAT'S THE SUBJECT PROPERTY ACCESS AND THE TWO, THE TWO RESIDENTIAL STRUCTURES.
AND THIS IS THE SURROUNDING AREA.
NONE WERE RETURNED IN FAVOR, ONE IN OPPOSITION.
AND WE DID NOT RECEIVE A RESPONSE FROM LAVACCA NEIGHBORHOOD ASSOCIATION.
THAT CONCLUDES THAT PRESENTATION.
UH, BEFORE YOU GO I, REAL QUICKLY MM-HMM.
I'M JUST CURIOUS IF THAT WAS BUILT OUT AS A HOME, HOW DOES THAT COUNT TOWARDS THE PERCENTAGE CALCULATION? SINCE IT DOESN'T HAVE ANY FRONTAGE OR DOES IT COUNT? UM, SO WHICH LANDLOCKED? OH, WELL YEAH, THOSE FOUR LOTS THAT ARE THERE, I BELIEVE THEY HAVE SHARED ACCESS.
UM, SO THEY WERE CURRENTLY BEING DEVELOPED.
UM, TWO ARE DEVELOPED AND THEN TWO OTHER LOTS ARE STILL BEING, WOULD THEY COUNT ON, ON CONSTRUCTION? WOULD THEY COUNT ON, UM, UH, THE RERA STREET? YES.
AS FAR AS THE PERCENTAGE CALCULATIONS? YES.
AND THEN WHAT ARE THEY BUILDING THERE? DUPLEXES OR SINGLE FAMILY HOMES? SINGLE FAMILY LOT OR STRUCTURES ON EACH LOT.
SO THERE'S A POTENTIALLY FOUR PLUS THESE TWO.
YEAH, WE COUNTED TWO OF THE FOUR AS UNITS FOR THE BLOCK PHASE BECAUSE ONLY TWO WERE, UM, UNDER CONSTRUCTION.
I'D LIKE TO HEAR FROM THE APPLICANT AT THIS TIME.
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HI.IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
AND THE ADDRESS IS FOUR TAMRA.
UM, SO CAN WE, I KNOW THAT Y'ALL DENY IT, RIGHT? OR THE, WELL WE'RE WHAT? THE WAY THE PROCESS WORKS IS WE'D LIKE TO HEAR FROM YOU.
UH, LET US KNOW YOUR THOUGHTS, LET US KNOW, UM, YOU KNOW, WHY WE SHOULD GIVE, TELL US WHY WE SHOULD APPROVE IT, BASICALLY.
UH, AND THEN, UH, IF THERE'S ANY CITIZEN SIGN UP TO SPEAK OR ANY COMMENTS TO READ INTO THE RECORD, UH, WE'LL HEAR THEM AND THEN WE ASK QUESTIONS.
SO, UM, WE HAVE ONE IN THE FRONT AND WE WANT TO REQUEST ANOTHER ONE.
UM, ONE OF THE REASONS THAT, THAT WE ARE REQUESTING IT IS BECAUSE WE LOVE LA VACA NEIGHBORHOOD IN SOUTH TOWN AND WE LOVE THE CULTURE.
WE WANT TO GIVE MORE TO THE PEOPLE COMING, UH, FROM OUT OF TOWN.
AND, UH, LET ME SEE 'CAUSE I HAVE NOTES.
SO WE, OUR PROPERTIES ARE VERY WELL KEPT AND, UM, WE ARE HONORING THE H O A GUIDE, GUIDE, UH, GUIDANCE IN OUR NEIGHBORHOOD.
UM, AS YOU COULD SEE, THERE'S NOT A LOT OF HOUSES NEAR OUR, UH, HOUSES.
THERE'S THE VICTORIA PLAZA CENTER, AND THEN WE HAVE THE BURNETT LEARNING CENTER.
WE, WE JUST BELIEVE THAT THE PROPERTIES, UH, THEY'RE, THEY, WE WON'T BRING ANY HARM TO THE PROPERTIES, UH, ON THE, IT'S THE OPPOSITE.
I THINK WE'RE BRINGING VALUE TO THE NEIGHBORHOOD AND WE'RE, WE ARE, WE'RE, UH, BRINGING A LITTLE BIT OF VALUE TO THE SURROUNDING AREAS.
UM, WHAT WE'RE GONNA DO IS SEE IF THERE'S ANYBODY SIGNED TO SPEAK OR ANY COMMENTS TO READ AND WE'RE GONNA WANT YOU TO COME BACK 'CAUSE WE'LL, I'M SURE WE'LL HAVE QUESTIONS.
SO STAFF, IS THERE ANYBODY SIGNED UP? NO, THERE'S NO PUBLIC COMMENT.
UM, I GUESS YOU CAN COME BACK UP TO THE PODIUM AT WORK.
SO IF THERE'S ANY QUESTIONS FOR THE APPLICANT, BRAGMAN, COMMISSIONER BRAGMAN.
YOU SAID YOU'RE ASKING FOR ONE SHORT TERM RAIL OR YOU'RE ACTUALLY, WE ALREADY ALREADY HAVE ONE IN THE FRONT.
UHHUH ONE WE ARE REQUESTING, OR IT MAY ASKING FOR AN EXEMPTION FOR THE BACK ONE.
BUT SO YOU'RE ASKING FOR ONE ADDITIONAL, NOT TWO ADDITIONAL? YES, YES, YES, YES.
'CAUSE THE WAY IT READS, IT SAYS TWO.
YEAH, IT IMPLY IT DOES, IT DOES GIVE, GAVE ME THAT IMPRESSION AND STAFF, SO THAT'S CORRECT.
SO THERE'S ONE, ONE CURRENTLY, AND THIS IS GONNA BE A SECOND ONE.
THERE'S ONE CURRENTLY, UM, THEY WERE ORIGINALLY PROPOSING TO REQUEST TWO ADDITIONAL.
UM, BUT I KNOW THAT THERE HAD BEEN COMMUNICATIONS BETWEEN, UM, OUR CASE MANAGER AND THE APPLICANT THAT THEY MIGHT REQUEST ONE INSTEAD.
UH, SO THEN I HAVE A, A, A, A QUESTION THAT YOU SAID THERE WAS NO COMMENT FROM THE LAVACCA NEIGHBORHOOD ASSOCIATION? NO.
DID YOU REACH OUT TO THE NEIGHBORHOOD ASSOCIATION OR ANY OF, I KNOW YOU DON'T HAVE A LOT OF NEIGHBORS, YOU KNOW, THEY'RE EITHER AN APARTMENT OR A SCHOOL.
THE REASON, THE REASON I NEED TO, I WILL, WELL, THE REASON WHY I'M ASKING IS, UH, USUALLY ON, ON STR, WE, THAT'S SOMETHING WE GET COMMENT ON.
AND SO FOR US TO NOT GET ANY COMMENTS IS, IS I GUESS IT'S GOOD NEWS FOR YOU, BUT IT, IT'S JUST PECULIAR.
SO IT DOES SAY THERE IS ONE IN OPPOSITION, UH, DOES IT? YEAH.
UH, JUST ONE RESPONSE IN OPPOSITION? YES.
ALRIGHT, ANY OTHER QUESTIONS? MANNA, COMMISSIONER MANNA.
SO, YOU KNOW, SO, SO I ZOOMED OUT ON THE CITY SITE AND WITHIN LIKE 500 FEET OF THIS PROPERTY, THERE ARE MORE THAN A DOZEN SHORT-TERM RENTALS, UM, ALREADY THAT EXIST ON YOUR STREET.
THERE'S, YOU KNOW, ON YOUR SECTION, I GUESS THERE'S TWO WITHIN LIKE A HUNDRED FEET, SO AROUND THE CORNER ON THE NEXT STREET OVER.
SO, SO, UM, I GUESS THE QUESTION IS, SO, SO JUST A NOTE.
SO, SO HAVE YOU TRIED LONG-TERM RENTAL, YOU KNOW, FOR THIS PROPERTY AT ALL, OR IS THAT A CONSIDERATION, OR HAVE YOU CONSIDERED THAT? I MEAN, WE WOULD IF WE DON'T, IF WE DON'T GET THIS PERMIT.
SO, SO, UM, SO DO YOU, DO YOU, I GUESS, DO
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YOU HAVE EXPERIENCE WITH THE LONG-TERM RENTAL IN THIS AREA, OR, OR IS IT, OR YOU'VE ONLY INVESTED IN AND BUILT SHORT-TERM RENTAL? WE STARTED LIKE FOUR MONTHS AGO WITHIN, WITH THE FIRST, THE ONE IN FRONT.THAT'S ALL THE EXPERIENCE WE HAVE.
BUT WE'VE HAD A REALLY GOOD OUTCOME AND, UH, PEOPLE ARE LOVING OUR HOUSES AND WE'VE DONE A LOT OF WORK TO THEM AND THEY'RE BEAUTIFUL.
COMMISSIONER ZUNA, RIGHT, SO YOU'RE MODIFYING YOUR MOTION BEFORE US TODAY TO ALLOW FOR ONE SHORT TERM RENTAL THEN? UH, IS THAT WHAT THE MOD, BECAUSE WE ALREADY HAVE ONE, RIGHT? SO THE REQUEST IS FOR IN 4 4 14.
WE ARE REQUESTING ANOTHER ONE FOR FOUR 10.
SO THAT IS KIND OF A LESS, UM, INTRUSIVE.
SO THERE'S NOT, WE DON'T NEED TO RE ADVERTISE OR IF I CAN CLARIFY, UM, EACH UNIT NEEDS TO HAVE ITS OWN TYPE TWO SHORT-TERM RENTAL PERMIT.
SO IF YOU ARE WANTING EACH UNIT TO BE TYPE RENTED OUT AS A SHORT-TERM RENTAL, YES.
YOU WOULD NEED TWO ADDITIONAL.
SO IT'S A DUPLEX THEN, IS THAT? NO, THERE, UH, EACH, THERE'S TWO ADDRESSES.
SO WE, SO WE'RE GOING WITH THE TWO, THE, THE VARIANCE TO ALLOW THE TWO, UM, TYPE TWO SHORT.
I, I THINK THE, THE MISCONCEPTION WITH THIS IS THAT THERE ALREADY IS ONE, THEY'VE ASKING FOR ONE, BUT THE WAY IT READS IN THE AGENDA, IT IMPLIES THAT SHE'S ASKING FOR TWO AND FURTHER CLARIFICATION.
SO THE TYPE TWO PERMIT THAT THEY CURRENTLY HOLD IS AT FOUR 14 BARRA, WHICH IS THE LOT ADJACENT TO THE LOT WE'RE LOOKING AT.
SO THE TWO STRUCTURES ON THE LOT THAT WE'RE LOOKING AT ARE EACH WANTING TO BE RENTED OUT AS A TYPE TWO PERMIT, UM, IN ADDITION TO THE ONE AT FOUR 14 BARRA.
BUT THEY, BUT THEY GET ONE BY.
SO I GUESS WHAT I'M ASKING IS ARE THEY ASKING FOR, FOR ONE S T R ON ONE UNIT OR ARE THEY ASKING FOR TWO ON TWO UNITS? WHAT, WHAT IS BEFORE US TODAY? TWO ON TWO UNITS.
OKAY, BECAUSE I, I THOUGHT YOU THAT TWO, THE APPLICANT HAD MET WITH STAFF, AND STAFF WAS THERE WAS DISCUSSION ABOUT KNOCKING IT BACK TO ONE THAT HAS NOT BEEN FORMALLY DONE THEN? NOT FORMALLY, NO.
SO CURRENTLY YOUR ADVERTISED REQUEST IS FOR TWO.
UM, ARE YOU WANTING TO PURSUE THAT OR TO PURSUE ONE, TWO.
SO IS THERE ANY OTHER ADDITIONAL QUESTIONS? QUESTION? YES.
SO, SO, SO YEAH, I'M CONFUSED NOW.
SO, SO DO YOU OWN THREE PROPERTIES THEN? AND YOU ARE ASKING FOR SHORT-TERM RENTALS IN THREE, UH, ON THREE UNITS.
VINCENT, CAN YOU GO TO THE MAP? NO, IT'S ONLY TWO PROPERTIES.
SO FOUR 14 AND, AND USE THE MAP THAT, UM, HAS THE S T R PERMITS ON THEM.
THERE'S ANOTHER MAP THAT WAS IN THE PRE PRESENTATION.
SO THE PROPERTY NEXT DOOR FOUR 14, THAT ONE HAS A BUY RIGHT TYPE TWO SHORT-TERM RENTAL THAT'S THEIRS.
THIS PROPERTY FOUR 10, THEY HAVE TWO UNITS ON THERE AND THEY'RE REQUESTING FOR BOTH UNITS TO HAVE TWO TYPE TWO SHORT-TERM RENTALS.
THEY WILL, IN THREE SHORT TERM RENTALS IS WHAT THEY'RE ASKING FOR TO BECOME A TOTAL OF THREE.
BUT THEY'RE NOT ASKING FOR THREE.
BUT I'M JUST TRYING TO UNDERSTAND THE FIRST ONE IS ALREADY BY RIGHT, RIGHT.
SO I JUST, SO THAT'S NOT SUBJECT TO TODAY.
BUT JUST TRYING, IT'S THREE THAT ARE ACTUALLY WE'RE TALKING ABOUT HERE IN THIS CLOSE PROXIMITY OF WHICH THEY'RE ASKING FOR TWO ON THE PROPERTY NEXT DOOR.
THREE, THOSE THREE STRUCTURES THEY OWN, RIGHT? YES.
SO I HAVE ANOTHER CLARIFICATION QUESTION.
I NOTICED THESE ARE ZONE ID I D Z, UM, H UH, WHEN THIS WENT THROUGH ZONING CHANGE, DID THEY, WAS THERE ANY MENTION OF, OF THEIR PURSUIT FOR THESE TO BE A TYPE TWO S T R? DID ANY OF THAT COME UP? NO.
UM, WHEN THEY'RE ZONING, THEY'RE ZONING FOR UNITS.
UM, SO S T R IS JUST A, A, A PERMIT THAT COMES IN AT A LATER DATE, WHETHER IT IS, UM, ON SOMEBODY'S, UH, HOMESTEAD OR WHETHER OR NOT IT'S SOMEBODY'S PROPERTY THAT THEY OWN BUT IS NOT THEIR HOMESTEAD.
I WAS JUST WONDERING IF IT WAS MENTIONED.
I JUST THINK, I STILL THINK IT'S PECULIAR THAT, THAT THE NEIGHBORHOOD ASSOCIATION DIDN'T SAY ANYTHING.
HAS THERE ANY OTHER QUESTIONS? UH, HEARING ON, SO YOU'RE ASKING FOR TWO? UM, WE HAVE NINE PEOPLE SEATED UP HERE TODAY.
SO WE NORMALLY HAVE 11, BUT YOU HAVE TO HAVE NINE POSITIVE VOTES FOR SOMETHING TO PASS.
WOULD YOU LIKE US TO MOVE FORWARD OR WOULD YOU LIKE A CONTINUANCE TO WHEN MAYBE THERE ARE MORE PEOPLE UP HERE? HMM.
AND WHAT'S THE NEXT AVAILABLE DATE, MR. CHAIR? CAN WE, I WOULD SAY JUST KIND OF MOVE FORWARD AND IF IT LOOKS LIKE THE VOTE IS NOT GOING IN FAVOR, THEN WE CAN ASK FOR A OKAY.
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THAT TOO.IS THERE SOMEONE'D LIKE TO MAKE A MOTION, TEO COMMISSIONER TEO, REGARDING CASE NUMBER BOA DASH 22 DASH 3 29, I MOVE THAT THE BOARD OF ADJUSTMENT RAN A SPECIAL EXCEPTION TO ALLOW FOR TWO TYPE TWO SHORT-TERM RENTAL UNITS SITUATED AT FOUR 10 BADA APPLICANT BEING GERARDO GARCIA.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT 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 NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY.
THE BOARD FINDS THAT THE REQUEST TO OPERATE A TWO, OPERATE A TWO ADDITIONAL SHORT-TERM RENTALS IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE.
THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS LONG-TERM RENTAL AT THIS FACILITY.
B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE.
THE BOARD FINDS THAT THERE ARE A TOTAL OF FIVE RESIDENTIAL UNITS ON THIS BLOCK FACE, AND THE SPECIAL EXCEPTION WOULD PERMIT A TOTAL OF THREE TYPE TWO SHORT-TERM RENTALS RESULTING IN 60% OF THE BLOCK FACE.
THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE THE PUBLIC NUISANCE WOULD BE CREATED IF THESE PERMITS WERE APPROVED.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES, SCHOOL DISTRICT OFFICES, AND MULTIFAMILY RESIDENCES.
THIS UNIQUE SCENARIO DOES NOT CAUSE REASON TO BELIEVE THAT IT WILL BE WILL SUBSTANTIALLY IN, EXCUSE ME, SUBSTANTIALLY INJURED NEIGHBORING PROPERTY AS A TYPE TWO SHORT-TERM RENTAL.
D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER UNNECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED.
SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
E THE APPLICANT, OR, OR THE OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE A PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES.
CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION.
THE APPLICANT CURRENTLY OPERATES A SHORT-TERM RENTAL AT 4 1 4 BARRA AND DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 F.
THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO COMMERCIAL OFFICE SPACE AND OTHER RESIDENTIAL USES OF VARYING INTENSITY WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY.
THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION.
COMMISSIONER ZUNA HAS A SECOND.
UH, COMMISSIONER THIEL, PLEASE LEAD THE DISCUSSION.
I ACTUALLY USED TO LIVE A BLOCK FROM HERE.
UM, YOU HAVE PLENTY OF MULTI-FAMILY UNITS AND THEN YOU HAVE A, A COMMERCIAL USE WITH THE SCHOOL RIGHT THERE.
UH, I DON'T THINK, UH, ANY ADDITIONAL ST ARE GOING TO NEGATIVELY AFFECT THE AREA IN ANY WAY.
YOU KNOW, THE, THIS S T R WAS, WAS, WAS SET OUT TO KIND OF PROVIDE FOR CON CONTINUITY OF NEIGHBORHOODS AND SUCH.
THIS AREA IS, IS, IS REALLY, UH, INFLUENCED BY KIND OF THE TOURISM.
ITS LOCATION NEXT TO THE HEMISPHERE, NEXT TO EVERYTHING DOWNTOWN KIND OF LENDS ITSELF TO, UH, THAT, UH, THAT TOURISM TYPE TENANT.
UH, I DON'T THINK IT IMPACTS THE NEIGHBORHOOD.
IT CREATES A NICE HOUSING FOR VISITORS, GUESTS TO THE SAN ANTONIO AREA AND I'LL SUPPORT THE MOTION AS WELL.
ALRIGHT, ANYONE ELSE? MINKA COMMISSIONER MINKA.
I'LL BE SUPPORTING IT ALSO, UH, SINCE, UH, TYPE TWO IMPLIES THAT, UH, OR SAYS THAT THE OWNER WILL BE ON THE PROPERTY OR IN THE HOUSE, SINCE IT'S A DETACHED STRUCTURE, SHE'LL BE THERE.
IS THAT CORRECT? ACCORDING TO THE DEFINITION I GOT TYPE TWO IS NON HOSTED UNHOSTED.
ANYONE ELSE? COMMISSIONER ALFRED? YEAH.
I WON'T BE IN SUPPORT OF THIS.
UM, FOR THE VERY REASONS THAT OTHERS I THINK ARE IN SUPPORT OF IT.
UH, IT IS A BUSY NEIGHBORHOOD.
UH, I THINK THE NEIGHBORS THAT LIVE THERE, UH, FULL TIME, UH, NEED THE PROTECTION OF THE CURRENT S T R GUIDELINES FROM THE CITY, UH, ESPECIALLY IN THIS CASE.
SO I'LL, I'LL BE NOT ABLE TO SUPPORT IT.
I CONCUR WITH, UH, MR. ALBERT.
UM, I WILL NOT BE SUPPORTED EITHER.
AND, AND PRIMARILY BECAUSE ONE, I TAKE A LOOK AND THERE ARE LOTS OF SHORT-TERM RENTALS ALL AROUND IT ALREADY.
AND I THINK BECAUSE THE APPLICANT HASN'T TRIED ACTUALLY DOING LONG-TERM RENTAL, UM, I THINK IF YOU COME BACK IN A YEAR AND SAY THAT YOU'VE HAD PROBLEMS WITH IT, YOU KNOW, TRYING TO GET THE LONG-TERM RENTALS AND YOU HAVEN'T BEEN SUCCESSFUL, I WOULD BE MORE IN SUPPORT OF IT.
BUT I THINK UNTIL I HEAR MORE DIALOGUE ABOUT THAT, I WILL NOT BE SUPPORTING, UH, COMMISSIONER? YES.
COMMISSIONER KAPLAN? YEAH, I, I AGREE WITH MY PRIOR TWO.
I WILL NOT BE IN SUPPORT OF IT 'CAUSE I I DON'T SEE THAT THERE'S ANY HARDSHIP.
I DON'T SEE THAT YOU'VE, UH, EXPLAINED ANY HARDSHIP.
UH, I JUST WANTED TO ASK, UH, FOR THOSE IN OPPOSITION,
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WOULD YOU BE MORE AGREEABLE FOR THEM, FOR HER JUST TO PURSUE ONE INSTEAD OF TWO? AND AND I'M ONLY ASKING BECAUSE THE TWO DWELLING UNITS ARE, ARE FAR REMOVED FROM THE, FROM THE STREET.THEY'RE DEEP IN THE BACK OF THE SIDE.
AND I'M JUST, I'M JUST TRYING TO EXTEND AN OLIVE BRANCH 'CAUSE I WAS IN SUPPORT OF THIS.
SO I WAS WONDERING, INITIALLY THERE WAS DISCUSSION OF HER GOING DOWN TO TWO TO ONE INSTEAD OF TWO.
WOULD THAT CHANGE YOUR MIND? I I TEND TO AGREE WITH COMMISSIONER ALBERT THAT THERE'S REALLY A CRYING NEED FOR HOUSING DOWNTOWN.
AND WHAT YOU'RE BASICALLY DOING IS TAKING TWO VERY NICE UNITS AND YOU'RE MAKING THEM INTO HOTEL SPACE.
NOW I'M, I'M JUST WONDERING IF, IF GOING TO ONE WOULD CHANGE YOUR MIND.
ANYONE IN THAT OPPOSITION HAVE NO.
UH, COMMISSIONER ZUNIGA? YES, MR. CHAIRMAN, I WOULD MAKE A MOTION TO CONTINUE.
WELL, WE HAVE A MOTION AND A SECOND ON THE TABLE AND, AND MAKER WOULD LIKE TO WITHDRAW.
TE I'LL WITHDRAW MY ORIGINAL MOTION.
COMMISSIONER ZUNIGA, GO AHEAD.
YEAH, I, I MOVE THAT WE, UH, MOVE THIS CASE TO APRIL THE FOURTH 18TH.
MARCH 18TH, COMMISSIONER APRIL.
SO IF A MOTION FOR CONTINUES TO APRIL 18TH WITH THE SECOND BY COMMISSIONER MANNA MANNA, LET'S TAKE A ROLL CALL.
CHAIR ORIAN AND I ALSO VOTE? YES.
UH, YOUR CASE IS GONNA BE CONTINUED TILL APRIL 18TH.
UH, SO YOU'VE HEARD SOME COMMENTARY MM-HMM.
UM, THE, SOME OF THE CONCERNS WERE, YOU KNOW, YOU'RE ASKING FOR TWO WITHOUT LOOKING FOR, YOU KNOW, UH, LONG-TERM RENTALS.
UH, WE ALSO DIDN'T, YOU HAD ONE PERSON IN OPPOSITION AND SO, YOU KNOW, PLEASE TAKE THIS TIME TO TRY TO WORK SOME OF THESE OUT.
AND WE LOOK FORWARD TO SEEING YOU AGAIN ON THE 18TH OF APRIL.
SO, UH, ALSO, UM, ACTUALLY, IT'D BE REALLY NICE TO HEAR FROM LAVACCA NEIGHBORHOOD ASSOCIATION AND THEIR POSITION.
THAT'S WHAT I WAS GONNA ASK YOU.
IF YOU REACH OUT TO THEM AND, AND THEY COME BACK IN FAVOR, THAT WOULD SWAY ME IN FROM A POSITION SAYING THAT YOUR COMMUNITY ACTUALLY WOULD LIKE TO SEE IT TOO.
LIKE SIGNATURES AND, AND, AND ANY NEIGHBORS, EVERYTHING HELPS.
OH, LIKE FOR THEM TO COME OR DO I NEED TO SIGNATURE? NO, NO SIGNATURES, COMMENTS.
WE TAKE, WE TAKE ANY SORT OF COMMENTS.
RICHARD PALSA HERE, UH, PLANNER HERE WITH DEVELOPMENT SERVICES, UM, BO O A 2 2 1 0 3 0 0 0 2 7.
GENERALLY LOCATED ON 6,200 BLOCK OF FRANKLIN STREET AND COUNCIL DISTRICT 10 APPLICANT BEING PATRICK CHRISTIANSEN, UH, REQUEST FOR A 25 FOOT VARIANCE FROM THE MINIMUM 30 FOOT SETBACK REQUIREMENT TO ALLOW STRUCTURE TO BE FIVE FEET FROM THE NEAR PROPERTY LINE.
AND A 10 FOOT VARIANCE FROM THE MINIMUM 15 FOOT LANDSCAPE BUFFER YARD REQUIREMENT.
UM, IT'S CURRENTLY ZONED AS GENERAL COMMERCIAL, SO CURRENTLY THE PARK DOES NOT HAVE A CITY ADDRESS ASSIGNED.
UM, THAT'S WHY IT'S CURRENTLY GENERALLY LOCATED ON THE SUBJECT PROPERTY OF, BUT SINGLE FAMILY RESIDENCES TO THE EAST AND COMMERCIAL TO THE SOUTH AND WEST.
UM, JUST A PICTURE OF THE SITE PLAN ITSELF.
UM, SUBJECT PROPERTY, THE, I GUESS YOU COULD SAY THE SOUTH SIDE OF IT, SUBJECT PROPERTY ITSELF, THE, UH, OPPOSITE VIEW OF THE, OF THE SUBJECT PROPERTY ACROSS THE STREET WHERE THE WATER TOWER DOWN THE STREET, WHERE THERE'S A MECHANIC SHOP, A WIDE ANGLE VIEW OF THE ENTIRE SUBJECT PROPERTY ITSELF.
UM, STAFF RECOMMENDS APPROVAL AND B O A 22, UM, 1 0 3 0 0 0 0 2 7 BASED ON FOLLOWING FACTS.
UM, THE PROPOSED BE SETBACK LANDSCAPE BUFFER WILL BE FIVE FEET FROM THE REAR PROPERTY LINE, AND THE UNUSUAL CONFIGURATION OF THE LOT WILL PREVENT DEVELOPMENT THAT CAN MEET THE REQUIRED SETBACKS.
UM, THERE'S ACTUALLY AN UPDATED, UM, FAVOR AND OPPOSITION.
SO THERE'S ACTUALLY ZERO IN FAVOR FOR AND OPPOSITION TWO THAT DID NOT PROVIDE AN ADDRESS.
ONE OF THE OPPOSITION LOCATED AT RIGHT THERE,
[01:15:01]
2 0 6 AND 1 2 7 RIGHT THERE.SO RIGHT THERE AND RIGHT THERE.
AND NO RESPONSE FROM THE TERRELL HEIGHTS HOMEOWNERS ASSOCIATION.
UM, THAT CAN CONCLUDE SOME STAFF PRESENTATION AND THE APPLICANT IS HERE.
UM, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND BEGIN YOUR PRESENTATION.
PATRICK CHRISTENSEN, THREE 10 SOUTH ST.
CAN YOU GO DOWN TO THE, YEAH, THERE WAS A COUPLE OF OTHER EXHIBITS.
NO, THE, THE CYCL PLAN I SUBMITTED HAD THE PICTURE.
NO, THERE WAS ANOTHER ONE THAT Y'ALL HAD IN YOUR EXHIBITS ON THE WEBPAGE.
WELL, I GUESS WE CAN USE THAT ONE IF IT'S NOT THERE.
I, I SUBMITTED SOME, UM, ELEVATIONS AND THINGS LIKE THAT.
UH, BUT GOOD AFTERNOON COMMISSIONERS.
I TOO AM A LITTLE CONCERNED ABOUT THERE ONLY BEING NINE OF YOU, BUT LET'S KIND OF SEE HOW IT GOES.
I KNOW THERE'S SOMEONE HERE TO SPEAK AND I DON'T WANNA WASTE HER TIME, SO LET'S JUST KIND OF MOVE FORWARD OR MAYBE SHE CAN FIND IT.
UH, BUT I'LL KEEP TALKING WHILE, WHILE, WHILE THEY'RE LOOKING.
SO BASICALLY THE PROPERTY, AND IT'S ON ONE OF MY EXHIBITS IS ABOUT 45 TO 46 FEET DEEP.
AND IF YOU LOOK AT, YOU KNOW, IF WE HAVE A 30 FOOT SETBACK FROM THE REAR AND I'VE GOT THE POINTER HERE, THERE'S NO WAY WE CAN HAVE ANY OTHER FRONTAGE.
YOU KNOW, I, AND NO OFFENSE, I ALWAYS TRY TO SEE IF THERE'S SOME WAY WE CAN AVOID A VARIANCE.
YOU KNOW, IF THIS PROPERTY WAS SQUARED OFF ON A STREET UP HERE, I WOULD SAY, WELL, LET'S MAKE THE DRESSING OFF THE STREET.
AND THEN WE'RE JUST DEALING WITH SIDE SETBACKS VERSUS FRONT AND REAR SETBACKS.
SO IF WE HAVE A 30 FOOT SETBACK HERE, AND I'M GONNA SHOW YOU ANOTHER SLIDE, IF YOU COULD SHOW THAT STREET VIEW, WHAT'S GOING ON THERE? UM, THESE ARE SERIOUS POWER LINES THAT BASICALLY COME RIGHT ACROSS THE FRONT OF THE PROPERTY.
SO WE'VE TALKED TO C P S, THEY'RE GONNA WANT A 14 FOOT SWAY EASEMENT FROM FRANKLIN STREET.
SO IF YOU HAD 14 FEET PLUS THE 30 FOOT REAR SETBACK, WE'VE GOT ABOUT A FOOT OR TWO TO BUILD A BUILDING.
I MEAN, THE PROPERTY IS COMPLETELY UNDEVELOPABLE.
SO WHAT HAPPENED IS, IF YOU CAN GO BACK TO, TO THAT AERIAL OR THE, THE ONE EXHIBITS YOU HAD THERE, UM, THIS WAS ALL ONE LOT YEARS AGO.
THE PROPERTY WAS PLATTED IN THE FIFTIES AGAIN, YEARS AGO.
THE AUTO REPAIR SHOP SOLD OFF THIS PIECE.
ANOTHER PERSON WAS USING IT AS SORT OF A JUNKYARD, IF YOU WILL.
THERE'S A CARPORT THERE THAT YOU WOULD NEVER BE ABLE TO GET PERMITTED TODAY BECAUSE OF THESE SET.
UM, SO THIS IS KIND OF WHAT WE'RE TALKING ABOUT.
HE WANTS TO DO JUST A, IT'S A, IT'S AN ATTORNEY THAT WANTS TO BUY IT.
I TOLD HIM ZONING WISE, WE MAY HAVE SOME ISSUES WITH THE GARAGE DOORS.
HE UNDERSTANDS THAT IF HE CAN'T DO THE GARAGE DOORS, HE'S STILL GONNA BUILD A A TWO STORY OFFICE.
UM, BUT THAT'S WHAT WE'RE TRYING TO DO HERE.
UM, YOU KNOW, CLEARLY IRREGULARLY SHAPED LOT.
AND HERE YOU CAN SEE THAT 14 FOOT SWAY EASEMENT FROM THE POWER LINES THAT RUN RIGHT UP AND DOWN THE PROPERTY.
AND AGAIN, IF YOU ADD 24 FEET, SIX INCHES PLUS FIVE FEET, THE 30 FOOT LINES ABOUT HERE, WE LITERALLY HAVE NO WAY TO BUILD ANYTHING ON THE PROPERTY.
SO WHAT WE'RE KIND OF ASKING FOR HERE IS THAT SHE WOULD SUPPORT SOME SORT OF, UM, ACTIVE USE BEING ON THIS PROPERTY.
THERE'S BEEN PEOPLE DUMPING THINGS THERE.
I DID DO BLOCK WALK THE NEIGHBORHOOD AND KNOCKED ON SOME DOORS.
UM, ONE OF THE FAMILIES WAS, WAS A RENTAL.
THAT'S ONE OF THE LADIES THAT CALLED IN TODAY.
UM, THE, THE ARMY FAMILY THAT LIVES THERE, YOU KNOW, THEY'RE FINE.
UM, BUT THAT'S ABOUT WHAT I WAS ABLE TO FIND OUT.
BUT WE, WE WOULD RESPECT YOUR SUPPORT.
AGAIN, WE'RE JUST TRYING TO MAKE THE PROPERTY USABLE FOR SOMETHING.
I'D LIKE TO LEAVE A LITTLE REBUTTAL TIME AFTER THEY SPEAK.
IS THERE ANYONE SIGN UP TO SPEAK? YES, WE HAVE, UH, VOICEMAILS AND MS. WEBER SIGNED UP TO SPEAK.
ALL RIGHT, MS. WEBER, UH, PLEASE COME FORWARD.
I HAVE TO POINT OUT, THERE WERE OPPOSITIONS.
THERE WERE NO FAVORABLES, THERE WERE OPPOSITIONS.
I PHONED IN AND TALKED TO THE CASE MANAGER MYSELF BECAUSE I TOLD HIM, MA'AM, YOU HAVE TO, UH, SAY, UH, NAME AND ADDRESS.
ADDRESS, 1 1 9 WEST MEADOW LANE DRIVE, SAN ANTONIO.
UH, AS I SAID THERE, THERE WERE OPPOSITIONS.
AS A MATTER OF FACT, I KNOW A MAN WHO, WHO KNOWS, I DON'T KNOW WHAT I'M GONNA SAY.
HE DOES, HE DOES WORK SOMEWHAT LIKE THIS.
HE SENT AN EMAIL THE OTHER DAY, AND THE LAST NAME, HIS NAME WAS SCOTT RAMSEY.
AND RAMSEY'S A NEIGHBOR OF MINE RIGHT ACROSS THE STREET.
I, AS I SAID, I TALKED WITH THE CASE MANAGER, UH, I FORGOT THE NAME, IT'LL COME TO ME THE OTHER DAY AND HE SAID, I'M GONNA SHOW PUT YOU DOWN AS OPPOSITION.
[01:20:01]
AT I, I, I LIVE AT ONE 19, MY NEIGHBOR WHO LIVES ACROSS THE STREET AT ONE 18, HE OWNS THE HOUSE AT 1 23 NEXT TO ME.AND HE SAID THAT HE ALSO, UH, OPPOSED, I'M SORRY.
I DON'T, DON'T LOOK AT EVERYBODY WHEN, OKAY.
WHAT I WANNA SAY IS, I, I DID GET A LETTER FROM JAMES WIRTH, IT WAS IN MY MAILBOX THE END OF JULY LAST YEAR.
AND IT JUST SAID HE WOULD LIKE TO BILL A ROW OF GARAGES FACING FRANKLIN STREET.
HE AND FRIENDS HAVE SOME AUTOS THEY WOULD LIKE TO STORE INSIDE SOMEWHERE OTHER THAN A MINI STORAGE.
AND HE SAID, THE PROBLEM IS HE NEEDS 30 FOOT SETBACK FROM A, FROM, FOR A RESIDENTIAL AND COMMERCIAL S SYSTEM.
AND HE ALSO SAID, AND THERE'LL BE AN OFFICE ON THE SECOND FLOOR.
JUST A LITTLE BIT OF BACKGROUND THERE.
UH, SINCE A GIRL I LIVED AT ONE 19 MEADOW LANE, AND THAT 62 15 RIGHT ACROSS THE SIXTY TWO FIFTEEN WAS SOUTHWESTERN BELL TELEPHONE COMPANY, KIND OF, I GUESS A, A AREA OFFICE, REGIONAL OFFICE AND DIRECTLY ACROSS THE STREET, WHICH IS SUBJECT PROPERTY.
NOW, IT WAS NOTHING MORE THAN SS THERE WEREN'T SPACES THAT WASN'T COVERED.
THE, UM, THE SOUTHWESTERN BELL TRUCKS, THE TECHNICIANS COULD PARK THEIR, COULD PARK THEIR VEHICLES THERE.
IT WAS, AS I SAID, IT WASN'T COVERED.
TIMES WERE DIFFERENT BACK THEN,
AND, AND IT WAS REALLY, GOD, IT WAS NO PROBLEM WHATSOEVER.
WELL, THAT PRO, THAT PROPERTY SOLD, UH, 62 15, WHICH WILL SOON BE OPENED AS A NEW MEDICAL FACILITY.
AND, UM, WHILE IT WAS, I GUESS IN LIMBO BECAUSE THE NEW OWNER OF THE, UH, MEDICAL, UH, FACILITY, IT WAS, IT LAY JUST TOTALLY UNATTENDED.
AND, AND THERE WAS FENCING AROUND IT, BUT THE HOMELESS PEOPLE COULD, COULD EASILY WALK RIGHT OFF AUSTIN HIGHWAY.
GATES WERE OPEN AND EVERYTHING.
AND THEN THEY FINALLY HEARD THAT THE POLICE HAD BEEN CALLED A NUMBER OF TIMES BECAUSE OF THE HOMELESS, THE HOMELESS PEOPLE GETTING IN THERE.
'CAUSE IT, IT WAS A BIG FACILITY FOR SOUTHWESTERN BELL.
AND, UM, SO YOU HAVE, UH, JUST SO YOU KNOW, WE, WE, WE GIVE EVERYBODY THREE MINUTES.
PLEASE, CAN YOU PLEASE KIND OF LET US KNOW ANY CLOSING? I'M, I'M, I'M GETTING CLOSE.
I HEARD, I DIDN'T THINK I WAS, I HEARD OTHERS SPEAKING ALONG.
THE HOMELESS PEOPLE, THAT WAS A PROBLEM.
AND WHAT THE, THE SUBJECT PROPERTY NOW IT HAD, THOSE WERE PRETTY HORRIBLE LOOKING PHOTOGRAPHS THAT WERE SHOWN.
AND IT HAS GOT A HIGH CHAIN LINK FENCE WITH RAZOR WIRE ON TOP.
SO I FELT AN ELEMENT OF SECURITY WITH THAT ON MY SIDE.
AND, UH, YOU KNOW, AS FAR AS LANDSCAPING BLOCKING THE VIEW, THERE IS NO LANDSCAPING ON THAT WHOLE AREA BACK THERE.
AND IT'S JUST WHAT, FOUR HOUSES AND, AND, UM, PRIVACY FENCES.
NOW, IF THAT PROPOSED GARAGE GOES THROUGH AND WITH ITS SECOND STORY AND, AND, AND IT SAYS OPEN ON FRANKLIN STREET.
I, I GET, I JUST BROUGHT, BROUGHT A COPY OF THE LETTER THAT MR. MR. UH, WIRTH.
WE REALLY NEED TO MOVE ON TO THE NEXT, UH, TO HEAR THE VOICEMAILS.
WE, I ALSO WANTED TO SAY, FIRST OF ALL, WHAT'S IMPORTANT IS THAT THERE IS A FLOOD WATER EASEMENT DRAINAGE THAT RUNS UNDER WEST MEADOW LANE GOES ON THE SIDE OF MY HOUSE OUT, OUT UNDER FRANKLIN, UNDER THE PROPERTY THAT THIS MAN WANTS TO BUILD ON.
AND THAT THERE IS A LARGE SERVICE GRATE ON THERE.
AND, UH, I'LL TELL YOU THE SAFETY FACTOR AND THAT EASEMENT, I'M VERY, ONCE AGAIN, THERE WERE OPPOSITIONS AND I DON'T KNOW WHY IT DIDN'T SHOW.
AND IF WE HAVE ANY QUESTIONS, WE'LL ASK YOU TO COME BACK UP.
CAN YOU PLEASE PLAY SOME OF THE VOICEMAILS THAT WE DO? I
[01:25:21]
I, I HAVE SEAT.I DIDN'T REALIZE HOW HARD A HEARING I WAS UNTIL I CAME HERE.
COULD I, COULD I ASK ONE QUESTION ON THAT PLAID? IT SHOWS A MECHANIC.
I DON'T HAVE A, WE, WE, WELL, IT'S OKAY.
'CAUSE AF WHAT'S GONNA HAPPEN IS AFTER WE HEAR THE VOICEMAILS, THERE'S GONNA BE A, UM, QUESTIONS FROM THE COMMISSION.
AND I'M TELLING YOU RIGHT NOW, I WILL BE ASKING QUESTIONS RELATED TO YOU WILL BE ASKING THAT DRAINAGE.
KNOW WHAT MECHANIC, BECAUSE THAT I HAVE NO IDEA.
THAT'S, THAT'S THE DRAINAGE DITCH.
AND YOU'RE ONLY PLAYING HERS, RIGHT? I MEAN, THE OTHER ONE.
HEY, CATHERINE, IF IT'S GONNA TAKE A WHILE, WE CAN START ASKING QUESTIONS FROM THE APPLICANT.
MR. CHRISTENSEN, CAN YOU COME BACK UP? IS THERE ANY QUESTIONS FOR THE APPLICANT? WELL, JUST A QUICK, QUICK REBUTTAL THOUGH.
I, I THINK I WELL, WE HAVE A CHANCE.
CAN COMMISSIONER BRAGMAN, UM, SO THE, THE NEIGHBOR WAS IN OPPOSITION, IT SOUNDED LIKE BECAUSE OF THE, WHAT THE STRUCTURE WAS GONNA BE.
SHE SAID SOMETHING ABOUT GARAGES, BUT YOU HAD SAID THIS WAS GONNA BE AN ATTORNEY'S OFFICE.
CORRECT? DID YOU CLARIFY? SHE, SHE MENTIONED SOME LETTER A YEAR AGO FROM A GUY NAMED WIRTH.
I DON'T, I REPRESENT A GUY NAMED BRIAN BERRYMAN.
HE'S AN ATTORNEY, LIVES IN THE AREA.
KIND OF WANTS TO HAVE HIM BUILD AN OFFICE BACK THERE, AND IT'S ZONED APPROPRIATELY C C THREE N A.
SO HE'S TRYING TO BUILD AN OFFICE.
UH, I SEE THE, THE, UH, PROPOSED PLANS OF YOUR, UH, WHAT THE BUILDING LOOKS LIKE.
I SEE THAT THERE ARE, UM, UH, WINDOWS AND GARAGES FACING FRANKLIN.
ARE THERE WINDOWS AND GARAGES ALSO FACING THE BACKYARD OR NO, THERE'S NOTHING FACING THE BACKYARD.
AND, AND THE WINDOWS ON THE SECOND STORY, IF WHEN WE GET A CHANCE, WE CAN SHOW YOU.
HE, HE WAS PUTTING, PUT THOSE HIGH UP ON THE WALL, SO THERE'S NO WAY ANYBODY CAN LOOK DOWN INTO ANYONE'S BACKYARD.
WE, WE TALKED ABOUT THIS AND WHAT SOME CONCERNS OF, OF NEARBY HOMES MIGHT BE, AND IT'S USUALLY PEOPLE LOOKING DOWN INTO THEIR BACKYARDS.
WE WILL PUT THOSE WINDOWS HIGH.
UH, COMMISSIONER MANNA AND STAFF, CAN YOU PLEASE BRING THE RENDERING, UH, UP ON THE MAP? UH, GO AHEAD, COMMISSIONER.
SO QUESTION I HAVE IS IT SEEMS THAT THE, UM, THE C THREE ZONING IS PRETTY INTENSE WITH REGARDS TO, UH, WHAT IS THAT WE'RE ADDING HERE.
AND A QUESTION I WOULD ADD OR ASK, I GUESS IS WHEN AN OH ONE ZONING SATISFY THE NEED OF THIS BUILDING, UM, YOU KNOW, SO THAT, THAT WAY AS I THINK ABOUT, YOU KNOW, GIVING A PERMANENT GRANT, UM, OF BUFFER SPACE, YOU KNOW, THAT THAT WOULD BE MAYBE BE A LITTLE BIT EASIER TO, UM, THINK ABOUT.
UH, I'M NOT SURE I UNDERSTAND THE QUESTION.
YOU'RE ASKING US TO REZONE IT, OR I GUESS THE QUESTION IS C THREE ZONING BASICALLY, YOU KNOW, INTENTIONS ARE GOOD, BUT, YOU KNOW, ZONING'S PERMANENT AND, UM, AND, AND SO BUFFERS WOULD BE PERMANENT.
AND SO THE QUESTION WOULD BE, IF I GRANT THIS, YOU KNOW, IF I AGREE, UM, YOU KNOW, THAT'S A PRETTY AND PRETTY SMALL SPACE FOR A C THREE ZONING.
AND SO THE QUESTION WOULD BE, IS THERE A BETTER ZONING THAT WE'D BE MORE APPROPRIATE THAT WHERE YOU COULD STILL DO WHAT YOU'RE TRYING TO DO, BUT STILL PROTECT THE PROPERTY? WE LOOKED AT THAT AND STAFF, CORRECT ME IF I'M WRONG, I'M STILL GONNA HAVE A 30 FOOT SETBACK WITH OH ONE
BUT, UH, THERE'S, THERE'S CERTAINLY A BIG DIFFERENCE BETWEEN WHAT COULD BE PERMITTED ON A C THREE BY, RIGHT.
OH, SO YOU'RE ASKING MAYBE IF WE CAN GET THIS APPROVED, WE COME BACK REZONING.
YEAH, WE'LL CERTAINLY LOOK AT THAT.
[01:30:01]
BE OPPOSITION, BUT TO THAT, BUT WE COULD CERTAINLY TRY.BUT I MEAN, THE C THE C THREE AND A ALLOWS THE OFFICE HE'S TRYING TO DO I KNOW, BUT SO DOES NO ONE, I THINK.
AND SO, BUT A C THREE ALSO ALLOWS FOR PRETTY INTENSE INDUSTRIAL THINGS.
BUT ANYWAYS, USE CAR LOT, WHAT HAVE YOU.
ANY OTHER QUESTIONS? OKAY, I HAVE A QUESTION.
SO WE HEARD COMMENTARY ABOUT THIS IS A, THE SOLE REMAINDER OF A, OF A LARGER LOT.
SO, UH, THE C P S LINES, IF YOU WERE PLANNING, YOU HAVE TO GRANT A 14 FOOT EASEMENT, BUT YOU'RE TRYING TO STAY THE 14 FEET AWAY ANYWAY.
CORRECT? WELL, SO WE ARE GONNA REPLANT IT.
FAKE OFFICER AND THE ENGINEERS, UM, WHEN WE SPOKE TO C P SS, THEY'RE SAYING THEY'RE GOING TO REQUIRE THAT 14 FOOTWAY EASEMENT, RIGHT? YEAH.
AND, AND I KNOW SOMETIMES YOU CAN GET IT DOWN TO A 10 IF YOU CAN SHOW THAT THE, THE FURTHEST BAR IS, YOU KNOW, NOTRE BREACHING THE PROPER, BUT, BUT AGAIN, 43 FOOT AND WIDE LINE MINUS 14 LEAVES YOU, DOESN'T LEAVE YOU MUCH.
WHAT ABOUT THE DRAINAGE EASEMENT THAT'S COMING OFF OF WESTED? YEAH, IT DOES NOT CROSS THIS PROPERTY.
UM, I, I KNOW THERE'S, WELL, WE DON'T HAVE IT HERE.
YOU CAN KIND OF SEE IT ON ONE OF THESE, BUT YOU SAW THE, THE EXHIBIT, UM, I BELIEVE THERE'S SOME UTILITY LINES THERE AND THERE IS SOME KIND OF A SEWER LINE IN THERE.
SO WHAT'S WHAT I'M SEEING IS, UH, AND IT'S PECULIAR BECAUSE ON THE, ON THE, UH, AERIAL, UH, A NOTIFICATION EXHIBIT, IT IS SHOWING WHAT IT WOULD APPEAR TO BE A RIGHT OF WAY OF SOME, OF SOME WAY BETWEEN 1 23 AND ONE 19.
BUT WHEN YOU GO TO B AD, UH, NOT B AD, WHEN YOU GO TO LIKE GOOGLE MAPS, IT ACTUALLY SHOWS A HOME ON TOP OF IT.
AND WHEN YOU GO TO THE STREET VIEW, IT SHOWS THAT THERE IS A DRAIN INLET, UM, ON EITHER SIDE OF THE STREET AND IT, I'M TRYING TO FIGURE OUT WHERE IT GOES.
UH, SO DO IS, HAVE YOU HAD A TITLE, TITLE SURVEY DONE? DOES IT SHOW ANY NEIGHBORING EASEMENTS THAT, THAT, THAT DO? I HAVE NOT SEEN THE TITLE SURVEY, BUT I KNOW THE, THE ORIGINAL 1950S PLAT HAD A LITTLE, HAD THAT CUTOUT SPACE THERE, AND I SUBMITTED THAT TO STAFF.
I DON'T KNOW IF THEY HAVE THAT AVAILABLE, BUT YEAH.
'CAUSE I'M GOING UP AND DOWN THE STREET.
I'M NOT SEEING ANY OTHER DRAIN.
AND, AND SO I'M CURIOUS WHETHER OR NOT THERE, WHETHER OR NOT THERE'S AN UNDERGROUND PIPE THAT WOULD, THAT WOULD, UH, YOU KNOW, TRANSVERSE THROUGH YOUR PROPERTY.
UM, AND YOU HAVEN'T, YOU HAVEN'T NOTICED ANYTHING? PA DAWSON HASN'T BROUGHT ANYTHING LIKE THAT UP? NO, THEY HAVEN'T.
HAVE THEY, HAVE THEY SUBMITTED A PLATT YET? NO, THEY HAVE NOT.
THEY HAVE KIND OF WANTED TO SEE, YOU KNOW, HOW THIS WENT.
NOBODY FROM THEIR OFFICES HERE.
I'M SURE THEY HAVE MORE RESEARCH ON THAT.
IS THERE ANY OTHER QUESTIONS? HEARING NONE? UM, WELL, THE ONLY REBUTTAL WAS JUST THAT I, I DON'T REPRESENT THE SWARTH GUY THAT WAS ASKING ABOUT ALL THE GARAGES.
I REPRESENTED A DIFFERENT GENTLEMAN, BRIAN BERRYMAN.
SO WITH THAT, UM, THANK YOU VERY MUCH.
UM, THE OFFICES WAS, ARE THEY INTENDED TO BE USED JUST, OH, SORRY.
ARE THEY INTENDED TO BE USED JUST FOR THIS ATTORNEY OR IS HE RENTING OUT SPACE AS WELL? FOR HIM? FOR HIS OFFICE.
HOW ARE THE VOICEMAILS COMING ALONG?
SO FOR THOSE IN THE GALLERY STAFF THAT'S HAVING TO REBOOT THE COMPUTERS, UH, YOU KNOW, ANYTIME WE HAVE, UH, OFFICIAL COMMENTS SUBMITTED, WE DO HAVE TO HEAR THEM.
SO UNTIL WE HEAR THE VOICEMAILS, WE CAN'T REALLY MOVE FORWARD.
SO WE'RE GONNA GIVE THEM AN OPPORTUNITY TO DO A QUICK REBOOT.
DID DID YOU SAY YOU HAD A COUPLE OF QUESTIONS FOR ME? UH, IF SOMEONE ON THE COMMISSION DOES, I HAVEN'T HEARD ANY AT THIS POINT, BUT AT, AT ANY TIME SOMEONE COULD ASK FOR ONE, MAY, MAY I TALK ABOUT THE UH, NO.
UH, WE'VE, WE'VE MOVED BEYOND THAT AT THIS POINT.
I DID ASK A QUESTION ABOUT THAT, JUST SO YOU KNOW.
UM, AND I AM STILL RESEARCHING IT, BUT I CAN'T SEEM TO FIND ANYTHING DOCUMENTED.
LOOK, ON AERIAL VIEW OF FRANKLIN STREET, YOU'LL SEE A HUGE GRATE.
I DID BRING, I DID BRING THOSE UP.
I KNOW I CAN'T, BUT WHAT DOES THIS MEAN, MEAN MECHANIC HERE? THERE'S A MECHANIC THAT, UH, MA'AM, UH, STAFF CAN ANSWER ALL THESE QUESTIONS.
WELL, BECAUSE THE, THE ISSUE WITH THIS IS, IS THAT IF YOU ASK QUESTIONS ABOUT ANY ENTITLEMENTS ON THE LAND THAT WE'RE NOT PRIVY TO, 'CAUSE WE DIDN'T RESEARCH ANY OF THIS.
WE'VE, WE'RE HEARING EVERYTHING FOR THE FIRST TIME RIGHT NOW, NOW, AND THERE'S NO, THERE'S NO MECHANIC IN THAT SPACE.
[01:35:01]
IS AN EXHIBIT THAT WAS PREPARED BY STAFF.STAFF CAN EXPLAIN WHAT THAT'S FOR.
AND, AND IT, AND IT WROTE, SO I THINK WHAT, WHAT THIS, THAT'S NOT A, THIS, THIS IS A MECHANIC SHOP HERE, SO YES.
I THINK WHAT THIS IS NO, HE OWN, HE OWN HE OWNS.
SO THIS HAS NOTHING TO DO WITH THIS, THIS, THIS WORD HAS NOTHING TO DO WITH THIS SPACE.
THIS IS JUST TELLING YOU WHAT, WHAT THIS WHOLE USE WAS.
BUT THEY WANNA BUILD THE BUILDING BACK HERE.
MR. CHAIRMAN, CAN WE TAKE A SMALL BREAK SEAT AND JUST LISTEN AND TEST? IT'S HARD.
WE'RE GONNA TAKE A, WE'RE GONNA TAKE A SEVEN MINUTE BREAK WHILE THEY WORK OUT THESE TECHNICAL DIFFICULTIES.
IT LOOKS LIKE WE GOT EVERYTHING WORKING.
WE'RE GONNA GET THE MEETING BACK TO ORDER.
WHERE WE LEFT OFF WAS THE PLAYING OF VOICEMAILS.
HI, MY NAME IS CHRISTIE RENEE RODRIGUEZ.
I'M THE PROPERTY OWNER AT 1 3 1 WEST MEADOW LANE IN SAN ANTONIO, TEXAS.
I'M CALLING IN OPPOSITION OF THE, UH, SETBACK REQUEST FOR STORAGE PROPERTY AT THE CORNER OF FRANKLIN AND MEADOW LANE.
CASE NUMBER IS TWO TWO DASH 1 0 3 0 0 0 2 7 IN OPPOSITION OF THE REQUEST TO ADJUST THE SETBACK ON PROPERTY, THE STORAGE FACILITY.
THAT CONCLUDES THE VOICEMAILS.
THERE WAS ONE OTHER, THERE WAS ONE.
THERE'S ONE OTHER LEFT BY MS. WEBER, BUT, OKAY.
UH, MR. CHRISTENSEN,
IS THERE ANY, IF, IF YOU WANNA MAKE ANY CLOSING REMARKS BEFORE WE MOVE TO DELIBERATION? SURE, SURE.
WELL, THE LAST CALL, THAT'S THE, THE ARMY FAMILY.
THAT, THAT'S THE RENTERS THAT LIVE UP HERE I SPOKE WITH, UM, I'M SORRY, I DIDN'T HEAR IT.
THE LAST CALL WAS WHAT NOW? UM, BUT THAT BEING SAID, I MEAN, DONALD, TO ANSWER YOUR QUESTION ABOUT UNDERGROUND WATER LINES OR ANYTHING LIKE THAT, I MEAN, THE ENGINEERS HAVE DONE ENOUGH OF A ANALYSIS OF THE PROPERTY TO HAVE REACHED OUT TO C P S ON THAT AERIAL EASEMENT OR THE OVERHANG OR SWAY EASEMENT.
AND I BELIEVE IF THERE WAS SOMETHING UNDERGROUND, THEY PROBABLY WOULD'VE FOUND IT.
BUT COMMISSIONERS, I WOULD JUST ASK YOUR SUPPORT FOR THIS MATTER BECAUSE, UM, THE PROPERTY OWNER'S BEEN PAYING TAXES FOR YEARS.
MY CLIENT WOULD LIKE TO BUY THE PROPERTY AND, AND BUILD A BUILDING ON IT.
IT'S, IT'S UNDEVELOPABLE AND IT'S CURRENT STATE, AND WE WOULD LIKE TO, TO BUILD SOMETHING THERE.
UH, WHO ANYONE LIKE TO MAKE A MOTION ON THIS CASE? OH, ZUNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 0 0 2 7.
I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT THE REQUEST FOR A 25 FOOT VARIANCE FOR THE MINIMUM 30 FOOT SETBACK REQUIREMENT TO ALLOW FOR THE STRUCTURE TO BE FIVE FEET FROM THE REAR PROPERTY LINE AND 10 FOOT VARIANCE FROM THE MINIMUM 15 FOOT LANDSCAPE BUFFER YARD REQUIREMENT, GENERALLY LOCATED AT 6,200 BLOCK OF FRANKLIN STREET APPLICANT APPLICANT B PATRICK CHRISTENSEN.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT, I'M GETTING, IT'S SO HARD FOR ME TO HEAR YOU.
I'M NOT EVEN HEARING HALF OF THIS.
SO I'LL SPEAK A LITTLE BIT CLOSER TO THE MICROPHONE.
CAN YOU HEAR THAT? DOES THAT HELP? OKAY.
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 A 25 FOOT VARIANCE FROM THE MINIMUM 30 FOOT SETBACK REQUIREMENT TO ALLOW FOR A STRUCTURE TO BE FIVE FEET FROM THE REAR PROPERTY LINE.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT HAVING TO POSTPONE ANY DEVELOPMENT OF THE PROPERTY BECAUSE OF THE EASEMENTS WOULD CREATE AN UN UNDEVELOPABLE LOT BY GRANTING THE VARIANCE THE SPIRIT OF THE ORDINANCE WOULD, WOULD, 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 25 FOOT VARIANCE FROM THE MINIMUM 30 FOOT SETBACK REQUIREMENT TO ALLOW FOR OBSTRUCTION TO BE FIVE FEET FROM THE REAR PROPERTY LINE WILL OBSERVE THE SPIRIT OF THE ORDINANCE.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO OTHER USES OF THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH, WITH THE VARIANCE.
SUCH VARIANTS WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH THE PROPERTY'S LOCATED STAFF FINDS THE REQUEST FOR A 25 FOOT VARIANCE FROM THE MINIMUM 30 FOOT SETBACK REQUIREMENT TO ALLOW FOR A STRUCTURE TO BE FIVE FEET FROM THE REAR PROPERTY LINE IS ENOUGH SPACE AWAY FROM THE ADJACENT PROPERTY LINE IS LIKELY TO NOT NEGATIVELY AFFECT THE ADJACENT NEIGHBORING PROPERTY.
SIX WILL APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT, WHICH THE PROPERTY IS LOCATED.
STAFF FIND TO THE PLIGHT TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE
[01:40:01]
TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS A SMALL AMOUNT OF AVAILABLE, UH, SPACE OF THE REAL ESTATE AND OF MOTION.SECOND, I'M GONNA GIVE THAT TO COMMISSIONER BRAGMAN.
SO I'M GONNA BE SUPPORTING THE MOTION AS READ.
UM, I THINK IT'S A GOOD, UH, APPROPRIATE USE OF THE LAND.
UM, WITHOUT THE VARIANCES THE LAND IS IN ITS STATE IS UN UNUSABLE, UH, BECAUSE YOU WOULD ONLY HAVE A FEW FEET TO BE ABLE TO, UH, TO BUILD ON.
I THINK THE USE AS AN OFFICE BUILDING IS AN IMPROVEMENT TO WHAT CURRENTLY EXISTS ON THE PROPERTY.
UM, ANY DRAINAGE CONCERNS WILL BE ADDRESSED THROUGH THE PLATTING AND THROUGH THE DEVELOPMENT PROCESS.
AND I THINK IT'S A, IT'S A GOOD, GOOD, UH, OVERALL PLAN AND USE OF THE PROPERTY TO PUT IT INTO COMMERCE.
AGREE WITH MY COLLEAGUE FOR ALL THE REASONS THAT HE STATED.
SO I'LL BE IN SUPPORT OF THE, THE MOTION.
ANY OTHER COMMISSIONERS LIKE TO ADD MANNA? COMMISSIONER MANNA AND THEN COMMISSIONER ALBERT.
UM, I WILL NOT BE IN FAVOR OF THIS.
AND THE REASON WHY IS, UM, I THINK, YOU KNOW, HAVING THIS INTENSE OF A ZONING AND HAVING, UH, REMOVING THAT BUFFER, UM, PROVIDES FOR FUTURE, UH, DEVELOPMENT ON THIS PROPERTY THAT I DON'T THINK WOULD BE WELCOMED, UH, BY THE NEIGHBORS.
AND SO, SO, YOU KNOW, IF IT WAS A DIFFERENT ZONING, I ABSOLUTELY WOULD, UM, CONSIDER THIS.
BUT I THINK WITH THE CURRENT ZONING, I'M NOT GONNA FAVOR IT.
COMMISSIONER ALBERT? I'LL BE IN SUPPORT OF IT.
UM, I, I'M CONFIDENT THAT THE CITY WILL MANAGE ANY, UH, FLOODPLAIN OR DRAINAGE ISSUES OR ANYTHING LIKE THAT AS THEY'RE REQUIRED TO.
UH, I WOULD ENCOURAGE THE APPLICANT WHEN WE GET TO THAT POINT, TO PERHAPS, UH, WORK WITH NEIGHBORS TO, YOU KNOW, HELP THEM TO UNDERSTAND THAT THE BEING GOOD STEWARDS OF, OF THE PROPERTY THAT'S NEAR THEIR PROPERTY.
AND, UH, I, I THINK IT COULD PROBABLY WORK OUT.
UM, I'M GONNA ADD THAT, UH, I'M IN SUPPORT, UH, FOR A NUMBER OF REASONS.
UH, ONE, THIS SITE IS THE, HAS SO MANY HARDSHIPS ON IT WITH ITS WIDTH AND THE WAY IT'S SET UP.
IF THIS VARIANCE IS NOT GRANTED, THE LOT CAN ONLY BE USED FOR SOMETHING, UM, PROBABLY OUT EXTERIOR STORAGE OR SOMETHING THAT'S EVEN VASTLY MORE UNDESIRABLE THAN A BUILDING FIVE FEET OFF A PROPERTY LINE.
UH, I THINK THAT BY GOING THROUGH THE PLANNING PROCESS THAT THERE, THAT ANY OF THE DRAINAGE CONCERNS ARE GOING TO BE WORKED OUT.
I DO A NUMBER OF PLATS MYSELF, AND YOU CANNOT MOVE FORWARD THROUGH PLATTING IF YOU, IF THE STORMWATER MANAGEMENT PLAN GETS REJECTED DUE TO SOME UNFORESEEN DRAINAGE ISSUES.
UM, I JUST WANT TO RESPOND TO COMMISSIONER MANDA ZONING.
I, I, UH, I THINK IT'S GREAT THAT THEY'RE USING A, A VASTLY LESS INTENSE USE OF WHAT'S ALREADY THERE.
AND I CAN'T, I JUST CAN'T HOLD THE COST AND TIME OF A ZONING, UH, CASE A AGAINST SOMEONE WHO'S, WHO'S NOT TRYING TO USE IT TO THAT EXTENT.
IS THERE SOMETHING THAT, THAT WE CAN, UH, TALK ABOUT THAT WOULD MAYBE CHANGE YOUR MIND? NO.
SO, AND, AND SO SIM SIMPLY BECAUSE, YOU KNOW, YOU KNOW, THIS IS A PERMANENT CHANGE AND, AND I DON'T THINK THAT, YOU KNOW, GOING THROUGH THE ZONING PROCESS IS, IS UNDUE HERE BECAUSE, YOU KNOW, WE'RE TRYING TO PROTECT THE NEIGHBORHOOD.
AND I THINK THAT BY CHANGE IT TO FIVE FEET, AND IF THE PROPERTY HAPPENS TO SELL AGAIN BECAUSE THIS FALLS THROUGH, THEN BASICALLY, UM, YOU KNOW, I THINK IT COULD BE EVEN MORE INTENSE FOR THE NEIGHBORS NEXT TO IT.
AND, AND WHILE I LOVE THE IDEA OF THE, OF THE, THE BUS, THE OFFICE THERE, I, I THINK IT'S A PERFECT SOLUTION.
I DO AGREE WITH THAT, BUT I, BUT I DON'T NECESSARILY AGREE WITH IT FROM THE, FROM THE ZONING POSI OR FROM THE, UH, CURRENT ZONING.
UH, YEAH, I MEAN, I, MY MY, MY THING IS ALL ABOUT THE, THE, THE COST AND TIME OF THE ZONING CASE, ESPECIALLY FOR A SITE THAT'S SO NARROW THAT WHEN YOU ONLY ALLOW 24 FEET FOR A BUILDING, I'M TRYING TO FIGURE OUT WHAT, WHAT COULD YOU POSSIBLY PUT THERE OTHER THAN AN OFFICE.
JUST SO THAT, AND I MEAN, OTHERWISE I WOULD AGREE WITH YOU.
WE HAVE NINE PEOPLE HERE TODAY.
UM, THAT'S THE TONE THAT WE HAVE IS UNLESS COMMISSIONER, UH, UNA WOULD LIKE TO WITHDRAW THE MOTION AND MAYBE WE CAN PURSUE A CONTINUANCE OR SOMETHING.
UH, A MOTION TO WITHDRAW? NO, DO, DO YOU WITHDRAW YOUR MOTION? UH, I'M WITHDRAWING MY MOTION.
UH, IS THERE A MOTION FROM COMMISSIONER FOR A CONTINUANCE? MR. CHAIRMAN, I MOVE THAT WE CONTINUE THIS CASE ON APRIL THE 18TH OR THEREOF WHEN WE WILL HAVE, OKAY.
HOPEFULLY 11 MEMBERS, HOPEFULLY.
AND I MIGHT GIVE, UH, THE APPLICANT SOME TIME TO, TO ADDRESS COMMISSIONER MAN'S CONCERNS.
I'M SURE THERE'S, THERE'S, THERE ARE DEEDED RESTRICTIONS.
THERE'S USE THE THINGS YOU CAN SET IN MOTION THAT, THAT MAY BE A LOT CHEAPER THAN A, A CHANGE OF ZONING.
IS THE 18TH OKAY? STAFF? ALRIGHT.
UH, IS THERE A SECOND? SECOND.
WE HAVE A SECOND BY COMMISSIONER ZUNO.
MAY I GET A COPY OF ALL THIS? NO, NO.
IT'S THE VIDEO'S AVAILABLE ONLINE.
TOMORROW IS USUALLY WHAT? HOLD ON A SECOND.
STAFF, PLEASE TAKE A ROLL CALL.
[01:45:01]
YES.SO TO ANSWER YOUR QUESTION, UH, EVERYTHING WE DO HERE IS, IS SUBJECT TO OPEN RECORD.
SO, UM, THE CITY IS, IS, DOES MAKE THESE VIDEOS AVAILABLE USUALLY BY THE NEXT DAY, YOU CAN GO RIGHT TO THE CITY WEBSITE, T VSA, UH, DOC.
OKAY? UH, THEN YOU CAN ALSO TALK TO STAFF ABOUT WHAT IS AVAILABLE, UH, FOR THEM, FOR YOU TO GET AS A CITIZEN.
ALL RIGHT? THANK YOU VERY MUCH.
AGENDA ITEM NUMBER EIGHT, BO 8 2 2 DASH 1 0 3 0 0 0 1 9.
ADDRESS IS 1337 WEST GERALD CITY COUNCIL DISTRICT NUMBER FIVE, APPLICANT IS LINDA RESENDEZ.
REQUEST FOR ONE A 14 FOOT SEVEN INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW AN ATTACHED ROOM ADDITION WITH ONE FOOT OVERHANG TO BE FIVE FEET, FIVE INCHES FROM THE REAR SETBACK.
AND TWO, A REQUEST FOR A SEVEN INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ATTACHED ROOM ADDITION WITH A 16 INCH OVERHANG TO BE FOUR FEET, FIVE INCHES FROM THE SIDE.
PROPERTY LINES AS DESCRIBED IN SECTION 35 FI, UH, 35 3 10.
ZONING IS RESIDENTIAL SINGLE FAMILY SUBJECT PROPERTY IS LOCATED ALONG WEST GERALD AVENUE AND HURON STREET AND IS CURRENTLY A SINGLE FAMILY RESIDENTIAL HOME.
APPLICANT IS REQUESTING A VARIANCE FROM THE REAR AND SIDE SETBACK REQUIREMENTS TO NOW AN ATTACHED TWO STORY GARAGE SLASH OFFICE TO BE FIVE FEET, FIVE INCHES FROM THE REAR SETBACK AND FOUR FEET, FOUR FEET, FIVE INCHES FROM THE SIDE SETBACK UPON SITE VISIT.
STAFF OBSERVED THAT THERE WERE NO OTHER ATTACHED ROOM ADDITIONS OF THE SIZE AND PROXIMITY TO THE PROPERTY LINE.
SITE PLAN, SUBJECT PROPERTY, UH, RIGHT HERE WE'RE SHOWING A PICTURE THAT THE STRUCTURE IS ATTACHED TO THE REAR OF THE HOME, UH, ROOM ADDITION.
AND I BELIEVE THE OFFICE, IT'S A GARAGE WITH THE OFFICE TO THE REAR OF THAT.
UH, THIS IS A VIEW OF THE REAR OF THE PROPERTY LINE, FIVE FEET, FIVE INCHES FROM THE REAR PROPERTY LINE.
AND THAT'S A PICTURE OF THE SIDE PROPERTY LINE.
UH, THAT'S WE'RE TRYING TO SHOW, SHOW THE 18 INCH, UH, ROOF OVERHANG SURROUNDING AREA, SURROUNDING AREA.
STAFF IS RECOMMENDING, UH, RECOMMENDING RECOMMENDING ON THE REAR SETBACK VARIANCE.
STAFF IS RECOMMENDING DENIAL FOR REQUESTED REAR INSIDE SETBACK VARIANCE IN BO O A 22 DASH 1 0 3 0 0 0 1 9 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THERE WERE NO OTHER, UH, SIMILAR TWO-STORY ROOM ADDITIONS IN THE IMMEDIATE AREA.
TWO, THE STRUCTURE WAS CONSTRUCTED WITHOUT PERMITS, UH, INSPECTIONS OR BUILDING PLANS SUBMITTED.
AND THREE, THIS POSE A LIFE SAFETY ISSUE TO ADJACENT SUBJECT PROPERTIES, NEIGHBORING PROPERTIES.
THERE WERE 34 NOTICES MAILED OUT.
THERE WAS ZERO RETURNED IN OPPOSITION AND THERE WAS NO RESPONSE FROM THE RA LINDA NEIGHBORHOOD ASSOCIATION.
THIS CONCLUDES STAFF'S PRESENTATION.
UH, APPLICANT IS AVAILABLE FOR QUESTIONS.
UH, IF THE APPLICANT COME FORWARD AND STATE YOUR NAME AND ADDRESS FOR THE RECORD.
UM, THIS IS MY SON RAFAEL SANDIS.
AND WE'RE AT 1337 WEST ALD, SAN ANTONIO, TEXAS.
UM, WE'RE REQUESTING A VARIANCE.
UM, IT IS NOT A GARAGE OFFICE, IT'S A STORAGE AND A GARAGE, SO I DON'T KNOW WHERE THE OFFICE CAME INTO.
UM, WE, UM, WE NEED STORAGE, UM, AND A LOT.
THAT'S THE ONLY PLACE WHERE WE CAN, UM, BUILD IT IN FRONT.
WE CAN, THERE'S A LOT OF C P S WIRES, UH, TREES, STUFF WHERE WE WERE NOT ABLE TO BUILD THE GARAGE.
UH, WE DECIDED TO, UM, JUST, UH, DO IT IN THE BACK.
UM, JUST TO BE ABLE TO STORE OUR STUFF.
UM, WE NEED A PLACE FOR OUR CAR.
THERE'S A LOT OF DAMAGE BECAUSE OF THE PECAN TREE, THE BIRDS SITTING ON THE C P S WIRES AND STUFF.
UM, ALSO, UM, WE NAIVELY, UM, DID BUILD WITHOUT PERMITS.
UM, WE HAD A FAMILY ISSUE AND MY SON JUST MOVED FORWARD WITH IT.
UM, I WAS IN A MOMENT AN EMOTIONAL WRECK AND DID
[01:50:01]
NOT PROCEED TO QUESTION ANYTHING UNFORTUNATELY.WE HAVE A LOT OF, UH, WE'VE HAD A BIKE STOLEN, LAWNMOWERS, EV EVERYTHING YOU CAN THINK OF.
UM, A LOT OF WEATHER DAMAGE TO OUR STUFF.
UH, SIMPLE THINGS LIKE DOG FOOD, YOU KNOW, SOMEWHERE.
SO WE WE'RE IN REALLY NEED OF THE STORAGE UNIT AND THE GARAGE, UM, TO BE ABLE TO JUST FUNCTION AND HAVE, UM, A CLEAN PLACE AS WELL.
'CAUSE THERE'S A LOT OF ROACHES WHEN WE HAVE BIKES PILED UP OUTSIDE AND STUFF AND, YOU KNOW, JUST ALL THAT.
UM, SO WE'RE JUST ASKING FOR THAT VARIANCE TO BE ABLE TO MAINTAIN THAT STORAGE GARAGE.
UM, QUESTION WE, WE GONNA SEE IF THERE'S ANYBODY, IS THERE ANYONE SIGNED THE SPEAKER? ANY VOICEMAILS? NO, THERE ARE NONE.
OKAY, SO WE'RE GONNA OPEN THIS UP TO QUESTIONS.
UH, COMMISSIONER ZUNIGA, UH, YOU ARE STATING THAT YOU BUILT THE GARAGE OR THE ADDITION WITHOUT PERMITS? WE DID, MM-HMM.
NOW WHO WHEELED IT? UM, MY SON AND MY BROTHER.
UM, WE HAD A BIG FAMILY DILEMMA AND, UM, THEY JUST, UM, YOU KNOW, CAME TO MY RESCUE, I THINK AT THE MOMENT, JUST TO GET THINGS DONE.
AND LIKE I SAID, I, I THINK I WAS JUST AN EMOTIONAL WRECK QUESTION.
HE, HE DIDN'T KNOW ABOUT PERMITS AND STUFF.
JUST, I'M WILLING TO ABIDE BY ANY PERMITS, ANYTHING WE HAVE TO DO, JUST, YOU KNOW, TO BE ABLE TO MAINTAIN IT, WILLING TO DO WHATEVER I'M ASKED OF.
WHAT DO YOU ASKED FOR? WAS SIDE, BACK, FRONT, ALL KIND OF VARIANCES HERE THAT GOES WITH THE BUILDING, WITH THE INSPECTION PROCEDURES.
AND HOW LONG DID IT TAKE YOU TO, TO BUILD IT? UH, MY BROTHER HAD TO BE BACK IN, IN A WEEK, SO THEY DID THAT WITH THE WEEK.
IT'S JUST THE OUT PART, THE WHOLE, THE WHOLE HOUSE IN A WEEK.
THE WHAT? THE WHOLE, THE WHOLE ADDITION.
YOU, YOU SAY IT'S A MATTER OF, IT'S ONLY STORAGE.
UH, WELL, LET, LET ME ASK, UM, HOW, WHAT IS THE SIZE OF, OF WHAT YOU BUILT? JUST TO PUT IT IN PERSPECTIVE? 30 BY 25.
30 BY 25? UH, YEAH, WELL, 24 6.
I'M SORRY, 24 6 BY 36 TO BE EXACT.
I'M JUST GONNA CONTINUE WITH MY LINE OF QUESTIONS WHILE, WHILE I'M ASKING IT, IT LOOKS LIKE, SO IT WAS 24 AND A HALF BY, UH, YES, 24 AND A HALF BY 36 FEET.
AND THEN IT LOOKS LIKE THAT WHAT YOU BUILT IS IN LINE WITH THE EXISTING HOME ON THE SIDE? UH, THAT'S CORRECT.
THAT, THAT'S PROBABLY WHY IT, UM, YEAH, WELL WE'RE, WE WENT FIVE FEET OFF OFF THE, OFF THE SIDE AND FROM THE BACK, UM, WE DETACHED IT FIVE FEET FROM THE BACK FENCE LINE.
SO YOU DO HAVE FIVE FOOT CLEAR ON THE REAR? YES, THAT'S CORRECT.
AND SO YOU HAVE A, A GARAGE, BUT HOW ARE, HOW WAS A CAR TO GET TO, TO GET BACK THERE? 'CAUSE IT LOOKS LIKE FROM, IT LOOKS LIKE FROM THE STREET VIEW THAT YOU HAVE A DRIVEWAY THAT GOES UP TO THE EXISTING HOME, BUT IT, IT'S, IT'S A LITTLE MORE DIFFICULT TO SEE, OH, THERE'S A BYPASS.
SO ON THE SIDE, ON THE SIDE, UM, WE, AT THE SAME TIME WE DID A DRIVEWAY 'CAUSE JUST THE MUD AND IT, IT WAS JUST RIDICULOUSLY MUDDY.
SO WE DROVE ON THE, THERE'S A DRIVEWAY TO THE SIDE TO GET TO THE BACK OF IT.
AND THIS ALL ON YOUR PROPERTY? UH, WE HAVE, YES.
IT'S ALL WITHIN THAT LOT, YES.
UH, IS THERE ANY OTHER QUESTIONS? YEAH, THE, THE MINKA COMMISSIONER MINKA, YOU SAID YOUR, YOUR BROTHER AND YOUR SON BUILT THIS PLACE.
WHO'S THE BUILDER ON THIS, UH, THAT KNOWS THE SPECS TO DO THIS? YOUR BROTHER? MY BROTHER IS, UM, SO HE'S THE BUILDER.
HE'S FAMILIAR WITH PERMITS THEN.
IS THIS THE FIRST TIME HE'S EVER DONE THIS? NO, HE'S BUILT HOMES FOR LIKE 20 YEARS.
I, LIKE I SAID, HE CAME IN TO HELP HIM.
I, I NAIVELY DIDN'T, UM, THANK YOU.
I'M SORRY, I, I JUST DIDN'T ASK.
COMMISSIONER ZUNA, UH, QUESTION IS IN REGARDS TO KIND OF THE GUTTERS AND, AND THE WATER.
HOW DOES THE WATER FLOW OFF OF THE ROOF LINE? AND I DIDN'T SEE ANY GUTTERS ON, ON THE ROOF LINE.
WE INTEND TO PUTTING GUTTERS ON.
I INTEND TO PUT THE GUTTERS ON, ON THIS FRONT.
WELL THE, THE WATER FALLS INTO OUR, OUR PROPERTY OF COURSE.
UM, SO, UM, SIDE, YEAH, ON THE BACKSIDE, UM, WE'RE GONNA BE PUTTING A GUTTER ON, UM, ON THIS.
I DON'T KNOW IF WE CAN GO THE, DO YOU HAVE THIS ONE RIGHT HERE? THE BACK PICTURE? THE BACK PICTURE? YEAH.
WELL, IT'LL BE THE BACK LINING ON IT.
COULD YOU, COULD YOU STATE THAT YOU WOULD ADD THE GUTTERS AS PART OF IT? UM, YES, THAT'S RIGHT.
AND, UH, THE WATER WILL BE FLOWING, UM, DOWN TOWARDS THE FRONT OF THE HOUSE.
[01:55:01]
PROPERTY NATURALLY DRAIN, JUST TO EXP EXPAND ON THAT.DOES IT DRAIN TOWARDS THE STREET OR DOES IT DRAIN TO THE REAR? UH, YES.
COMMISSIONER MENCHACA, PLEASE CONTINUE.
UM, IN, IN REGARDS TO THE INTERIOR, DO YOU HAVE ANY DRYWALL? 'CAUSE NOW AS THE INSPECTORS WILL NEED TO GO IN AND INSPECT ANY, IS THERE ANY ELECTRICAL OR PLUMBING IN THIS? NO, THERE'S NO ELECTRICAL OR, OR PLUMBING.
AND DO YOU DON'T HAVE ANY INTENT TO PUT ELECTRICAL OR PLUMBING OR ARE YOU WAITING FOR YOUR PERMIT? NOT REALLY.
WE HAVE, UM, WINDOWS FOR SUNLIGHT, BUT UM, WE WERE TOLD BECAUSE WE HAVE A GARAGE DOOR, UH, WE PROBABLY MIGHT NEED LIKE A PLUG FOR THE, UM, GARAGE OPEN CAN OPEN AND CLOSE.
WHEN THE INSPECTORS DID TELL US THAT, IT WOULD PROBABLY BE APPROPRIATE TO ADD IT, BUT YEAH, PROBABLY THE WINDOWS WERE PURPOSELY FOR SUNLIGHT TO RIGHT.
OH, SO MY QUESTION, MR. CHAIR, IF YOU CAN ADDRESS 'EM ABOUT THE ADDING THE GUTTERS AND SUCH? YEAH.
SO, UM, THIS, WHEN WE REVIEW THESE, THERE'S USUALLY CONCERN ABOUT DRAINAGE AND SO, BUT WE CAN'T PUT CONDITIONS ON ANYTHING THAT, ANY CASE BEFORE US.
AND SO WE'RE WONDERING, UH, WOULD YOU ELECTIVELY AMEND YOUR APPLICATION TO INCLUDE GUTTERS? YEAH.
OH, WE JUST, WE JUST NEED YOU TO STATE THAT FOR THE RECORD.
WELL, LIKE, SAY, SAY, YEAH, STATE IT COMPLETELY.
WE WILL, UH, HOW DO I SAY? I'M SORRY.
WE WILL STATE, WE WILL YOU HEREBY AMEND YOUR APPLICATION TO INCLUDE GUTTERS I IN MY APPLICATION TO INCLUDE GUTTERS.
IS THERE ANY OTHER QUESTIONS? COMMISSIONER KAPLAN? UH, YES.
AND WILL YOU ALSO, UM, UH, SAY THAT YOU WILL GET PERMITS FOR THIS? YES.
I AM TALKING TO INSPECTOR MAR BECK OR SOMETHING, AND HE SAID JUST TO TALK TO HIM, UM, UH, WITH WHATEVER I NEED TO PROCEED WITH.
AND WE, WE WILL TAKE CARE OF IT.
STEPH, HAS THEY INITIATED ANY OF THE PERMIT PROCESS ON THIS SITE? DO YOU KNOW? IT'S A CODE CASE, SO, UH, THE PERMITS WILL FOLLOW AFTER THIS.
HEARING AND YOU'RE, AND, AND ARE YOU PUTTING ANY, YOU HAD MENTIONED THAT THERE WOULD BE ELECTRICAL, BUT NOT, MAYBE NOT PLUMBING.
ARE YOU PUTTING RESTROOMS IN THIS? UM, I DON'T THINK IT'S NECESSARY.
IT'S JUST STORAGE AND GARAGE THAT, WELL, IT, IT, IT'S SOMETIMES THE USE OF WHAT YOU USE THIS FOR.
IT'S NOT SIMPLY JUST FOR FIRE PROTECTION OR DRAINAGE, IT'S ALSO, YOU KNOW, THE POTENTIAL FOR INTENSITY OF USE.
UH, AT LEAST WHEN IT COMES ME.
SO WHEN YOU WALK INTO THE GARAGE, MY LAUNDRY ROOM IS JUST RIGHT THERE.
AND WE DO HAVE A GUEST BATHROOM THERE, UM, IF THE CASE.
BUT, UM, IF WE DID, UH, BUT WITHIN THE, WITHIN THE, UH, THE NEW BUILDING THAT YOU BUILT, YOU DID NOT PUT A RESTROOM? NO.
OKAY, THAT'S WHAT I WAS WONDERING.
SO THEY PROVIDED, UM, APPROVAL FROM NEIGHBORS.
DO YOU HAVE LIKE A, DID Y'ALL TAKE A YEAH, BRING THAT MAP UP PLEASE.
NEIGHBOR POLL OR SOMETHING TO GET APPROVALS OR ANYTHING? I TALKED TO ALL MY NEIGHBORS.
I DIDN'T KNOW IF YOU HAD SOMETHING YOU'D WANNA SUBMIT AS EVIDENCE TO NO, I SIGNATURE SIGNATURES.
I GOT SIGNATURES FROM ALL MY NEIGHBORS.
THAT'S WHAT, IF YOU WANT TO PRESENT THAT AS EVIDENCE, IF YOU, UM, YES.
I, I, I, I WOULD LOVE TO PRESENT THAT AS EVIDENCE.
WE, WE RARELY SEE THIS MANY GREEN CHECK MARKS,
I ENJOYED TALKING TO ALL MY NEIGHBORS.
THEY WERE JUST EXCITED THAT I WAS ABLE TO CLEAN UP, YOU KNOW, ALL MY OUTSIDE STUFF, SO.
UM, I THINK MR. RONALD, I TURN MR. CHAIRMAN? UH, YES, SIR.
UH, YOU SAID YOU SPOKE TO YOUR NEIGHBORS BEFORE BUILDING THE BUILDING? UH, NO.
LIKE I SAID, I WAS REALLY NOT.
DID HE SPEAK TO YOUR NEIGHBOR BEFORE? YOU SAID AFTER, OKAY.
AND AFTER SEEING WHAT YOU BUILT, THEY, THEY STILL WERE, THEY DIDN'T HAVE A PROBLEM? UM, YES, THEY WERE, UM, THEY, THEY LIKED IT.
UH, NEIGHBORS WERE SAYING I PROVIDED SHADE, UH, THE APARTMENTS NEXT DOOR.
UM, IT HELPED BECAUSE IT DOESN'T LOOK AS OPEN, SO WE DON'T HAVE THIEVES JUMPING IN OUR FENCES, SO IT HELPED WITH THAT.
THEY, SO THEY WERE HAPPY ABOUT IT.
TECHNICAL DIFFICULTIES, IT'S JUST SLOW.
WHAT ARE YOU, BRING IT UP A SIGNATURE PAGE OR SOMETHING? MM-HMM.
IS IT, IS IT, UH, AND ALL THE GREEN CHECK MARKS ON HERE, THESE ARE FROM COMMENT CARD'S RESPONSE THAT YOU RECEIVED.
NOT INDEPENDENT OF THE APPLICANT.
[02:00:01]
I JUST WANNA MAKE SURE THEY CAN SEE.IF THERE'S NO OTHER QUESTIONS, YEAH, WE'RE LOOKING FOR A MOTION TEAL.
COMMISSIONER TEAL, UH, Y'ALL CAN TAKE A SEAT.
I, REGARDING CASE NUMBER BO A DASH 22 DASH 0 3 9, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE 14 FOOT SEVEN INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW AN ATTACHED ROOM ADDITION WITH ONE FOOT OVERHANG TO BE FIVE FOOT FIVE INCHES FROM THE REAR SETBACK.
AND TWO, A REQUEST FOR A SEVEN INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ATTACHED ROOM ADDITION WITH 16 INCH OVERHANG TO BE FOUR FOOT FIVE INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 1 3 3 7 WEST GERALD, APPLICANT BEING LINDA RESENDEZ.
BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT 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 A, AN ATTACHED ROOM ADDITION TO BE FIVE FOOT FIVE INCHES AWAY FROM THE REAR PROPERTY LINE AND FOUR FOOT FIVE INCHES AWAY FROM THE SIDE PROPERTY LINE, WHICH IS NOT CONTRARY TO THE PUBLIC INTEREST, AS THE APPLICANT HAS ADEQUATE SPACE FROM SURROUNDING ADJACENT STRUCTURES TOO DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT THE SPECIAL, ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP BY IMPOSING A LITERAL ENFORCEMENT, THE OWNER WOULD HAVE TO DEMOLISH A SIGNIFICANT, SIGNIFICANT PORTION OF THE STRUCTURE AND WOULD NOT BE ABLE TO BE USED AS A GARAGE AND STORAGE.
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 SIDE AND REAR SETBACKS IS TO ENSURE THAT THERE'S ADEQUATE SPACE BETWEEN NEIGHBORING PROPERTIES IN CASE OF EMERGENCY.
THERE IS SUFFICIENT SPACE BETWEEN THE NEIGHBORING PROPERTIES AND THERE WILL BE PLENTY OF SPACE BETWEEN STRUCTURES AS TO NOT POSE ANY FIRE OR LIFE SAFETY ISSUES, WHICH IS OBSERVED 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.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUEST FOR A 14 FOOT, SEVEN INCH VARIANCE TO THE REAR PROPERTY TO ALLOW A STRUCTURE TO BE FIVE FOOT FIVE INCHES AWAY FROM THE REAR PROPERTY AND SEVEN INCHES AND A SEVEN INCH VARIANCE FROM THE SIDE PROPERTY LINE TO ALLOW THE STRUCTURE TO BE FOUR FOOT FIVE INCHES AWAY FROM THE SIDE PROPERTY LINE, DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES AND DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE P UP, THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS THAT THE PLIGHT OF THE PROPERTY OWNER IS SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND THAT THE LOT SIZES ARE SIMILAR IN, IN THE AREA AND OTHER RESIDENTIAL STRUCTURES ARE BUILT ON SIMILAR LOT SIZES.
THE OWNER PURCHASED THE PROPERTY WITH THE CURRENT LOT SIZE AND IT IT HAS, AND IT WAS NOT ALTERED OR SUBDIVIDED BY THE OWNER.
THERE IS NOT MUCH ROOM TO THE REAR OF THE PROPERTY AS THE PRIMARY STRUCTURE SITS BACK INTO THE PROPERTY AWAY FROM THE FRONT PROPERTY LINE.
UH, WHEN WE HAVE THIS TYPE OF OVERWHELMING SUPPORT FROM THE NEIGHBORS, UH, YOU KNOW, THAT, THAT MAKES MY DECISION EASIER ALSO, UM, YOU KNOW, I BELIEVE IT'S ALMOST FIVE FEET.
THEY'LL HAVE PLENTY OF ROOM FOR BOTH LIFE SAFETY AS WELL AS MAINTENANCE ON THE PROPERTY.
UM, IT DOESN'T APPEAR THAT THEY ARE CLOSE TO ANY, UH, ADJACENT STRUCTURES EITHER.
SO I WILL BE IN SUPPORT COMMISSIONER MAMMOTH.
ANY ANYONE ELSE? YEAH, JUST COMMENT.
UH, I'M JUST DISTURBED BY THE FACT THAT THIS WAS JUST THROWN UP WITH NO PERMITTING AT ALL, AND WE ARE KIND OF, YOU KNOW, PUSHED TO MAKE A DECISION, UM, BECAUSE YOU'VE DONE SOMETHING RASH.
HOWEVER, UM, DESPITE THAT, I WILL BE IN CHARGE IN IN FAVOR BECAUSE YOUR NEIGHBORS HAVE BEEN SUPPORTIVE.
BUT I DON'T LIKE TO CONDONE BEHAVIOR LIKE THAT.
AND I, I I WANT TO ADD THAT I, I AGREE WITH YOU ON THAT.
UM, I DO ALSO WOULD LIKE TO STATE THAT BECAUSE IT WAS A CODE CASE AND THEY ARE GONNA GO THROUGH PERMITTING, IT'S PROBABLY GONNA END UP COSTING THEM MORE TO RETROFIT SOMETHING THAT THE CODE INSPECTOR HAS.
SO THAT MIGHT BE THEIR PUNISHMENT.
BUT IT'S STILL, YOU KNOW, RIGHT.
I'M NOT AS LENIENT AS MS. KAPLAN HERE.
[02:05:01]
I WILL BE VOTING NO FOR IT.WE HAVE HERE A SITUATION WHERE, UH, THERE'S NO WATER, NO PLUMBING IN THERE.
UH, I THINK IT WAS LIKE TO USE IT FOR STORAGE, A WASHROOM, ET CETERA.
AND, UH, THEY HAVEN'T, ACCORDING TO MS. AL, THEY HAVEN'T GOTTEN ANY PERMITS OR TRIED TO GET SOME PERMITS.
SO, YOU KNOW, I MEAN, THIS IS A SITUATION AND I'M HARD PRESSED TO VOTE YES FOR IT.
IT'S, WELL, LET ME, I'M GONNA SEE IF I CAN HELP SWAY YOU.
IT, IT'S, UH, I DO UNDER, I, I, AGAIN, I, I DON'T LIKE IT WHEN PEOPLE BUILD THINGS WITHOUT A PERMIT, BUT I WANTED TO SEE IF I CAN TRY TO SWAY YOU HERE BECAUSE I'M, I'M, I AM IN SUPPORT OF THIS.
UM, THEY HAVE, UH, UM, OVERWHELMING SUPPORT FROM THE NEIGHBORS.
THEY'RE GOING TO HAVE IT BUILT TO CODE BECAUSE IT'S GONNA GO THROUGH PERMITTING AND IT'S GOING TO, I'M, I'M TELLING YOU, IF ANYTHING THAT'S FOUND CAN ONLY COST THEM MORE MONEY, AND SO THEY'RE GONNA GET PUNISHED AND PROBABLY BY, BY DOING IT THIS WAY.
SO I KIND OF TAKE THAT ELEMENT OUT OF IT.
MR. CHAIRMAN, UH, NOW THE OTHER NEIGHBORS WILL PROBABLY WANT TO DO THE SAME AND WE DON'T KNOW, BUT I'LL GO AHEAD AND GO WITH HIM.
UM, STAFF, PLEASE TAKE A ROLL CALL.
OH, MENKA, UM, MENKA, I'M IN AGREEMENT WITH MR. ZUNIGA ALSO, BUT, UH, I WILL GIVE ON THIS 'CAUSE THERE WAS JUST TOO MUCH GROWTH OVERSIGHT ON THIS ONE.
AND, UM, I UNDERSTAND THE DRAINAGE WILL HELP AND ALL OF THAT.
THE ONLY ISSUE I HAD IS, IS WITH A SIDE SET THE REAR SETBACK, BUT, UH, TO CONDONE SOMETHING LIKE THIS, THAT KNOWING THEY HAD A BUILDER IN THE FAMILY AND KNOWS WHAT HE'S DOING AND JUST BYPASS IT AND GO WITH IT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN.
I CONCUR WITH THE FINDINGS OF FACT, MR. ALBERT.
MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT.
I ALSO CONCUR THE FINDINGS OF FACT.
UH, I WILL LEND CAUTION THAT YOU KNOW, THE, WHEN YOU GO THROUGH THIS PERMITTING PROCESS, YOU KNOW, PLEASE LISTEN TO WHAT THE INSPECTORS HAVE TO SAY.
THERE'S GOING TO POTENTIALLY BE SOME THINGS THEY'RE GONNA WANT YOU TO DO.
UH, AND, YOU KNOW, AND IN THE FUTURE, PLEASE GET, PLEASE GET PERMITS.
AND I WANNA APOLOGIZE AND WE'VE LEARNED A WE'VE LEARNED A LOT, NOT ABOUT PERMITS AND EVERYTHING THAT WE DIDN'T KNOW BEFORE.
UM, ITEM NUMBER NINE, UM, BO 8 2 2 1 0 3 0 0 0 2 5 LOCATED AT 1 7 1 5 LAWRENCE IN DISTRICT TWO OF APPLICANT BEING BIRTH OF DOMINGUEZ.
SO A REQUEST FOR A 2,220 FEET.
LOT SIZE VARIANCE FROM THE 6,000 MINIMUM LOT SIZE REQUIREMENT TO ALLOW AND LOT SIZE OF 3,800 SQUARE FEET.
UM, THE CURRENT ZONING RIGHT NOW IS R SIX, SINGLE FAMILY RESIDENTIAL.
UM, SO THE CURRENT, UM, PROPERTY LOOKING LAWRENCE, UM, IT'S CURRENTLY VACANT.
THEY'RE REQUESTING A VARIANCE FOR THE LOT SIZE CURRENTLY APPLIED IN 1989, HAS NOT BEEN IN COMPLIANCE SINCE THEN.
UM, THE LOT SIZE VARI WILL PERMIT THE SUB OF BUILDING PLANS FOR REVIEW.
UM, YOU CAN KIND OF SEE THE LITTLE BLOT THERE.
THE SURROUNDING AREA TO THE, I GUESS YOU SAY RIGHT SIDE OF THE NORTH, THE OTHER SIDE OF THE PICTURE ACROSS THE STREET SURROUNDING VIEW.
SO STAFF RECOMMENDS APPROVAL AND BO O A 22 103 0 2 5 BASED ON THE FOLLOWING, BASED ON THE FOLLOWING FINDINGS OF FACT, UM, THE CURRENT LOT SIZE IS 3,800 SQUARE FEET AND THE LOT SIZE VARIANCE WILL ALLOW DEVELOPMENT ON THE LOT.
AND THE VARIANCE DOES NOT APPEAR TO NEGATIVELY AFFECT ADJACENT PROPERTIES.
UH, THERE WERE 22 NOTICES MAILED, UM, ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE'S NO RESPONSE FROM GOVERNMENT HILL NEIGHBORHOOD ASSOCIATION.
UM, THAT CONCLUDES, UM, STAFF PRESENTATION.
ALL RIGHT, THANK YOU VERY MUCH.
IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
YES, MY NAME IS BERTHA DOMINGUEZ AND MY ADDRESS IS 2 4 1 8 3 BURNIE STATE ROAD, SAN ANTONIO, TEXAS 7 8 2 5 5.
AND I AM REQUESTING A VARIANCE
[02:10:01]
TO MOVE A HOUSE FROM DILLEY, TEXAS TO THIS VACANT LOT, WHICH I'VE HAVE.I'VE BEEN THE OWNER OF THIS LOT FOR ABOUT 38 YEARS.
I'VE BEEN TRYING TO MAINTAIN THE, THE, THE, THE LOT ITSELF BEING THAT WE'RE VERY CLOSE TO THE SCHOOL.
I THINK ION ELEMENTARY IS WITHIN WALKING DISTANCE.
AND I THINK I FINALLY FOUND A HOUSE THAT WE CAN MOVE.
THE HOUSE RIGHT NOW IS 28, WHICH I HAVE A PICTURE OF IT, MAYBE YOU MIGHT WANT, WANT TO SHOW IT TO THEM.
IT'S, UH, 28 IN, UH, IN THE, THE DIAMETER, THE, THE WIDTH BY 42 IN LENGTH.
DOTSON, UH, IS, UH, SAYS THAT HE CAN MOVE IT.
IF YOU ALLOW ME THE VARIANCE TO MOVE THIS HOUSE TO A 30, 38 FOOT, UH, LOT.
AND HOWEVER, I'VE GONE TO THE CITY OF, UH, TO SOUTH SAN ANTONIO WATERWORKS, THERE IS NO UTILITY.
THEY HAVE TOLD ME THAT I WOULD HAVE TO, UM, BRING IN THE WATER AND THE SEWER.
AND, UM, THE WATER ITSELF IS 4,749.
THE SEWER IS 1,553 FOR A TOTAL OF $6,302.
I AM WILLING TO PAY FOR THE, FOR THE, UM, UTILITIES IMPACT FEES, BEING THAT SOMETHING HAS TO BE DONE WITH THAT LOT THAT I'VE HAD FOR MANY, MANY YEARS AND TRYING TO MOVE A HOUSE INTO THAT LOT.
DOTSON WILL COST ME ABOUT 20,000 TO 25,000 TO MOVE THE HOUSE.
IF YOU ALLOW ME THE VARIANCE, THERE WILL BE FIVE FEET ON EITHER SIDE.
AND I'VE SPOKEN TO THE, TO THE NEIGHBORS.
THE NEIGHBORS WANT ME TO KEEP IT CLEAN, WHICH I GO AND MOW THE LOT, MOW THE YARD EVERY TIME BECAUSE THE SCHOOL IS RIGHT THERE.
AND I'M TRYING TO DO MY VERY BEST.
UH, IS THERE ANY TIME OF THE SPEAK, ANY VOICEMAILS? NO, THERE ARE NONE.
IS THERE ANY QUESTIONS FOR THE APPLICANT? MIN CHAKA, COMMISSIONER MINKA, THIS IS JUST, UH, CURIOSITY QUESTION.
UH, IT'S GOOD WHAT YOU'RE TRYING TO DO AND PUT A HOUSE THERE, BUT THAT OVERHANG LI UH, THE POWER LINES AND THE CABLES OVERHANG, HOW IS THAT GONNA BE MANAGED? DOTSON'S GONNA DO IT FOR US.
I THINK THEY KNOW HOW TO DO IT.
I WAS JUST CURIOUS ABOUT THAT THOUGH.
I, I I'M GONNA ADD SOMETHING, UM, TO CARRY ON WITH THE, THAT MY QUESTION.
I THOUGHT IT WAS CURIOUS THAT THERE WAS A RECORDED PLAT FOR THIS VERY, VERY SMALL LOT.
UH, IT WAS DONE IN NINE, IT WAS RECORDED, IT LOOKS LIKE IN 1990.
SO IT'S NOT LIKE IT'S SUPER OLD, BUT THERE IS A 14 FOOT C P S EASEMENT ALONG, UH, LAUREN'S.
AND I JUST THOUGHT IT WAS PECULIAR THAT THE CITY ALLOWED THIS PLAT TO GO THROUGH WITH THE LOT BEING THIS SMALL.
SO DID THIS, DID THIS PLAT, WAS THERE SOME ZONING CHANGE OR SOMETHING THAT, 'CAUSE NORMALLY YOU, THEY DON'T LET YOU PLOT LAND, PLOT LAND WITH, UH, THAT VIOLATES THE ZONING, UH, SIZE REQUIREMENTS.
WHAT HAPPENED? I THINK MAYBE, OH, GO AHEAD.
MAYBE WHAT HAPPENED, THAT WAS WAY BACK IN 1986, THERE WAS A LOT OF, UM, PROPERTIES THAT WERE GOING, THAT WERE BEING AUCTIONED, AUCTIONED BY THE CITY OF SAN ANTONIO.
I WAS LIVING IN LAREDO AND I WENT AHEAD AND I, I SAID, OKAY, I'M GONNA BID SO MUCH.
WHEN I WAS, I WAS THE HIGHEST BIDDER.
AND AT THAT TIME WHEN I TALKED TO SAS, THEY SAID, I SAID, HOW COME I DON'T HAVE ANY UTILITIES? I MEAN, THE SCHOOL IS RIGHT THERE.
SUPPOSEDLY AT THAT TIME, THERE WAS ONLY A ONE HOUSE IN THAT WHOLE, IN THE WHOLE STREET, LAWRENCE, BECAUSE ALL, THERE'S NO OTHER PROPERTY THAT FACES LAWRENCE.
MOST OF THESE HOUSES FACE, UM, THE OTHER STREET ON THIS SIDE AND THE OTHER HOUSES FACE TO THE OTHER STREET.
BUT NO FA NO HOUSES FACE LAWRENCE.
SO THEY ASKED ME THAT I NEEDED TO PLOT THE LAND AND I GAVE IT THE NAME AS MY DAUGHTER, KAREN DOMINGUEZ SUBDIVISION.
AND NOW LOOK WHAT I'M DOING NOW.
I AM THE ONLY ONE WHO'S GOING TO PERSIST.
WHY AM I SPENDING SO MUCH MONEY? I'M NOT TOO SURE.
I WOULD SAY THAT I THINK, I THINK STAFF WANTS TO ADD TO, GO AHEAD.
I WOULD SAY THAT WHEN THE PROPERTY WAS PLATTED IN 1989, THAT PROBABLY, THAT DETAIL WAS MISSED DURING THE REVIEW.
AND, AND IT WAS ALSO ODD THAT IT'S NOT SHOWN AS A REPL.
IT, IT, IT IS SHOWN AS A, AS AN ORIGINAL PLAT, WHICH
[02:15:01]
IT WOULD'VE BEEN, BUT YET IT WAS, IT THROUGH THE PLANNING COMMISSION, WHICH NORMALLY THAT WOULD BE ADMINISTRATIVE FOR ONE LOT.WELL, REMEMBER WE HAVE MADE SOME MODIFICATIONS TO OUR PROCESSES.
THIS WAS BACK IN THE EIGHTIES, SO, OKAY.
IT'S NOT THE SAME AS IT IS TODAY,
SO THERE'S NO, SO THERE'S NO RECOURSE, NO ISSUES.
PARDON ME? NO ISSUES, RIGHT? NO, I MEAN, IT'S, I'M LOOKING AT A CLEAN VERSION OF THE PLAT.
THERE'S A 20 FOOT BUILDING SETBACK THAT, I MEAN, IT'S A VERY SMALL LOT, BUT IT, IT, UH, YEAH, I MEAN, IT, IT SEEMS FINE.
IS THERE ANY OTHER QUESTIONS? MANNA? COMMISSIONER MANNA? SO, SO I DO HAVE A QUESTION FOR YOU FOR THE SIZE OF THE HOUSE, YOU KNOW, 'CAUSE THERE ARE SOME EASEMENTS AND SOME OTHER THINGS, UM, THAT YOU'LL HAVE TO COMPLY WITH.
AND SO, SO I'M ASSUMING THAT YOU'RE AWARE OF ALL OF THOSE REQUIREMENTS AND THAT THE HOUSE THAT YOU'RE LOOKING AT IS GOING, IS GOING TO SATISFY OR BE, UH, BE ABLE TO SATISFY ALL THE REQUIREMENTS OF THOSE EASEMENTS.
FROM WHERE IS, UH, GATOR
THAT, THAT HOUSE BELONGED TO GATOR.
WE BOUGHT IT, MOVED IT TO DILI ON THE HIGH, THE OIL BOOM, AND NOW WANT GATOR TO MOVE IT BACK TO SAN ANTONIO.
THE GATOR DRIVES SOME GOOD TRUST.
HE'S MAKING MONEY OUTTA ME, BUT I DON'T KNOW.
OKAY, WELL THANK YOU VERY MUCH.
WE'RE GONNA GO AHEAD AND TAKE A, UM, THANK YOU VERY MUCH.
WHO'D LIKE COMMISSIONER BRAGG CASE, SORRY.
REGARDING CASE NUMBER BO A DASH 22 DASH 0 3 25, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, A SPECIAL GRANT, A REQUEST FOR 2200 SQUARE FOOT LOT SIZE VARIANCE FROM THE SIX LOT SIZE REQUIREMENT SITUATED AT SEVEN ONE FIVE LAWRENCE APPLICANT BEING BIRTH TO DOMINGUEZ BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN 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 APPLICANT IS REQUESTING A 2200 LOT SIZE VARIANCE FROM 6,000 MINIMUM LOT SIZE REQUIREMENTS.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN APPLICANT HAVING TO POSTPONE ANY DEVELOPMENT.
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 THE EXACT LETTER OF THE LAW.
A 2200, UM, LOT SIZE VARIANCE FROM THE 6,000 MINIMUM LOT SIZE REQUIREMENT WILL OBSERVE THE SPIRIT OF THE ORDINANCE.
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 OTHER USES IN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
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 FINDS THE REQUEST FOR A 2200 LOT SIZE VARIANCE FROM THE 6,000 MINIMUM LOT SIZE REQUIREMENT IS LIKELY NOT TO NEGATIVELY AFFECT THE ADJACENT PROPERTY, A NEIGHBORING PROPERTY.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SMALL AMOUNT OF, OF AVAILABLE SPACE.
I'LL BE IN SUPPORT OF THE MOTION.
UM, I ADMIRE YOUR TENACITY IN FINDING AN APPROPRIATE, UH, HOUSE TO FIT ON THIS LOT.
AND I'M, I'M GLAD TO SEE THAT AFTER 38 YEARS THAT SOME, UH, PRODUCTIVE USE WILL COME TO IT.
SO I'LL BE IN SUPPORT OF THE MOTION.
UH, I WILL BE ALSO BE IN SUPPORT OF THE MOTION.
I THINK IT'S NICE THAT YOU'RE DOING IN FULL HOUSING HERE AND THAT, UM, YOU'RE DOING SOMETHING NICE FOR THE BLOCK.
ANYONE ELSE? I'M JUST GONNA ADD THAT, UM, I I'LL BE IN SUPPORT AND, YOU KNOW, THIS IS A A A A PLATTED LOT, EVEN THOUGH IT WAS DONE IN 1989.
AND YOU KNOW, WHEN YOU HAVE A PLATTED LOT THAT, THAT, THAT USUALLY MEANS IT'S A DEVELOPABLE PIECE OF PROPERTY.
IT'S BEEN REVIEWED BY STAFF AND GONE THROUGH THAT
[02:20:01]
LEGAL PROCESS.SO WITH THAT, UH, STAFF, PLEASE TAKE A ROLL CALL VOTE MS. BRAGMAN.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I ALSO CONCUR.
YOU CAN GET WITH STAFF IF YOU HAVE ANY QUESTIONS.
SO IF THERE'S, UH, NO OBJECTIONS, GO TO THE LAST CASE.
UH, AGENDA ITEM NUMBER 10, UH, BO O A 22 DASH 1 0 3 0 0 24.
ADDRESS IS, UH, 1 55 22 TRIPLE CREEK CITY COUNCIL DISTRICT NUMBER 10.
UH, REQUESTING A, REQUESTING FOR A SPECIAL EXCEPTION FROM THE MAXIMUM FENCE, UH, REQUIREMENT AS DESCRIBED IN SECTION 35 5 14 TO ALLOW THE CONSTRUCTION OF AN EIGHT FOOT SOLID SCREEN PRIVACY FENCE ALONG THE SIDE AND REAR PROPERTY LINES.
UM, SUBJECT PROPERTY IS, UH, CURRENTLY ZONED RESIDENTIAL SINGLE FAMILY SUBJECT PROPERTY IS LOCATED ALONG TRIPLE CREEK AND TRAILWAY PARK AND IS CURRENTLY A SINGLE FAMILY RESIDENTIAL HOME.
APPLICANT IS REQUESTING A SPECIAL EXCEPTION TO ALLOW THE CONSTRUCTION OF AN EIGHT FOOT SOLID SCREEN PRIVACY FENCE ALONG THE SIDE AND REAR PROPERTY LINES.
UM, UPON SITE VISITS, STAFF OBSERVED THAT THERE WERE SOME EXISTING FENCES.
UH, SOME OF, SOME OF THE EXISTING FENCE WAS, UH, TORN DOWN AS THERE'S BEING, UH, THERE'S AN INGROUND POOL CURRENTLY BEING INSTALLED TO THE REAR OF THE PROPERTY.
THERE'S ALSO A SLIGHT CHANGE IN GRADE IN THE PROPERTY FROM THE REAR TO THE FRONT, SO IT GRADES DOWN TOWARDS THE FRONT SITE PLAN.
SUBJECT PROPERTY, UH, THAT'S THE SIX FOOT SIDE FENCE AND, UH, THAT'S FACING TOWARDS THE, UH, UH, STREET.
THIS IS THE SIDE OF THE FENCE.
YOU CAN SEE THE PORTION OF IT THAT'S BEING TORN DOWN FOR THE INSTALLATION OF THIS INGROUND SWIMMING POOL.
UH, THIS IS THE INGROUND SWIMMING POOL.
ON THIS SLIDE ACTUALLY I WANT TO SHOW YOU, UH, RIGHT HERE, IF YOU LOOK AT THIS FENCE, THIS IS AN EIGHT FOOT FENCE, UH, OF A NEIGHBORING PROPERTY RIGHT HERE THAT'S ALREADY EXISTING, UH, BACK OF THE SUBJECT PROPERTY AND THE GRADE, THE SLOPE OF THE GRADE, SLIGHT SLOPE OF A GRADE, IT CHANGES.
THIS IS THE HIGH POINT AND IT SLOPES DOWN AS IT GOES TOWARDS THE FRONT OF THE PROPERTY.
PICTURE SHOWING THE EIGHT FOOT FENCE IN THE AREA, SURROUNDING AREA, SURROUNDING AREA.
UH, STAFF IS RECOMMENDING APPROVAL FOR SPECIAL EXCEPTION FOR FENCE HEIGHT VARIANCE OF TWO FEET TO ALLOW AN EIGHT FOOT SOLID SCREEN FENCE IN BO A 22 DASH 1 0 3 0 0 0 2 4.
BASED ON THE FOLLOWING FINDINGS OF FACT, UH, ONE, THE ADDITIONAL TWO FEEDING HEIGHT WILL PROVIDE ADDITIONAL SAFETY AND SECURITY TO THE PROPERTY.
TWO, THERE IS A NOTICEABLE CHANGE IN GRADE FROM THE REAR TO THE FRONT OF THE PROPERTY.
AND THREE, THE REQUEST DOES NOT APPEAR TO BE TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
UM, ZERO RETURN IN FAVOR, ZERO RETURN IN OPPOSITION.
AND THERE IS NO NEIGHBORHOOD ASSOCIATION.
THIS CONCLUDES STAFF'S PRESENTATION.
APPLICANT IS PRESENT TO ANSWER ANY QUESTIONS.
UH, IF THE APPLICANT CAN COME FORWARD AND STATE THEIR NAME AND ADDRESS FOR THE RECORD.
1 5 5 2 2 TRIPLE CREEK, SAN ANTONIO 7 8 2 4 7.
UM, SO BASICALLY WE'RE JUST REQUESTING FOR AN EIGHT FOOT FENCE BECAUSE THE WAY IT'S CURRENTLY LEVELED OUT IN OUR BACKYARD, OUR BACK NEIGHBORS CAN SEE OVER THE SIX FOOT FENCE LIKE COMPLETELY.
UM, AND THEN WE'VE ALSO HAD SOME ALTERCATIONS WITH THE SIDE NEIGHBOR, UH, INVOLVING DEADLY WEAPON ASSAULT TO CONTRACTORS.
AND SO WE WANTED TO TRY AND PROVIDE SOME ADDITIONAL SAFETY FOR OUR CHILDREN IN THE BACKYARD WHILE THEY'RE PLAYING WITH THE POOL.
UM, KIND OF UNCOMFORTABLE TO BE OUT THERE IF WE GO ANYWHERE NEAR THE SIDE OF THE FENCE.
HE, HE'S KIND OF UNPREDICTABLE, SO WE DON'T REALLY KNOW WHAT HE'S GONNA DO.
UM, CURRENTLY YOU COULD KIND OF SEE THAT THE, LIKE THE WHOLE SIDE OF THE FENCE HAS BEEN DESTROYED BY THE POOL COMPANY, SO WE HAVE TO PUT UP A FENCE REGARDLESS.
BUT WE WERE JUST TRYING TO GET SOME ADDITIONAL PRIVACY AND PROTECTION.
AND THERE IS, UH, POLICE REPORTS FILED AGAINST MY SIDE NEIGHBOR AS WELL.
IS UM, ANYTHING ELSE I'D LIKE TO ADD? UM, I DON'T KNOW.
[02:25:01]
ANY VOICEMAILS? THERE ARE.WE ALSO POSTED THE INCIDENT REPORT FOR YOU AS WELL.
SO WHAT WE'RE GONNA DO IS WE'RE GONNA HEAR THE VOICEMAILS AND THEN WE'LL HAVE QUESTIONS.
SO, HELLO, MY NAME IS ANN MCALLISTER, 3 5 0 7 TRAILWAY PARK 7 8 2 4 7.
I AM RESPONDING TO THE HEARING FOR A CASE NUMBER.
I THINK YOU SAID THE LAST THREE NUMBERS.
BUT THE ENTIRE NUMBER IS B O A DASH 2 2 1 0 3 0 0 0 2 4.
UM, I'M RESPONDING ABOUT THE FENCE.
THEY LIVE RIGHT ACROSS THE STREET FROM ME, BUT WE HAVE A HOMEOWNER'S ASSOCIATION THAT SAYS WHAT TYPE OF FENCE YOU CAN HAVE, WHICH IS A SIX FOOT WOODEN FENCE.
AND THIS IS GOING TO BE AN EIGHT FOOT FENCE, WHICH IS GOING TO BE MADE OUT OF SOME TYPE OF METAL MESH.
IT WILL BE UGLY AND IT WILL NOT SUIT THE AESTHETICS OF THIS, OF OUR HOMEOWNERS ASSOCIATION.
THAT'S WHY I MOVED HERE WAS SO WE WOULD HAVE STRICT GUIDELINES OF WHAT WE CAN BUILD AND WHAT WE CAN DO ACCORDING TO THE FENCING AND THE PAINTING OF OUR HOMES.
SO I APPRECIATE YOU LISTENING TO ME.
I I KNOW I I SAW THAT TOO, BUT, WE'LL, WE GOT ONE MORE VOICEMAIL.
PHONE NUMBER (210) 417-0041 B O A TWO TWO DASH 1 0 3 0 0 0 2 4.
UH, THE ONLY THING I HAVE TO SAY IS HE WANTS, WANTS TO PUT UP A EIGHT FOOT FENCE BETWEEN MINE AND HIS BACKYARD.
THAT IS OKAY WITH ME, BUT A SIX FOOT FENCE NEEDS TO BE PUT ALONG THE ROADWAY TO MAKE IT LOOK LIKE THE REST OF THE NEIGHBORHOOD.
THE OTHER THING IS I HAVE FIREWOOD AND TREES ALONG MY FENCE.
SO THE QUESTION OF THE DAY IS THE NOTIFICATION MAP SHOWS THAT THERE'S NO NEIGHBORHOOD ASSOCIATION.
THE FIRST CALLER MENTIONED THAT THEY HAD A NEIGHBORHOOD ASSOCIATION WITH STRICT RULES.
CAN YOU COMMENT ON THAT? IT MAY NOT BE A REGISTERED ONE WITH THE CITY.
THEY MAY HAVE A HOMEOWNER'S ASSOCIATION THAT MAY NOT BE A REGISTERED NEIGHBORHOOD ASSOCIATION WITH THE CITY REGISTRY WITH THE CITY IS JUST ABOUT FORMS OF COMMUNICATION.
SO, UH, SO THERE MIGHT BE HOAS THAT, UM, ARE, HAVE APPLIED THROUGH THE STATE BUT MAY NOT HAVE REGISTERED TO RECEIVE COMMUNICATIONS FROM THE CITY.
GOT DO YOU HAVE A MANDATORY H O A OR A NON-MANDATORY NEIGHBORHOOD ASSOCIATION THAT YOU CAN TALK ABOUT? YEAH, THERE'S A GREEN SPRING VALLEY, H O A.
DID YOU SUBMIT, UH, UH, YOUR PROJECT FOR REVIEW TO THE, OR A C C OR SOMETHING THAT THEY MAY, MAY OR MAY NOT HAVE? YEAH, I SUBMITTED THE A C C WITH THE PLANS.
UM, UNFORTUNATELY THEY'RE SWITCHING COMPANIES THIS WEEK AND I SENT IT TO THE OLD COMPANY.
I REACHED OUT TO THE NEW COMPANY, BUT THEY'RE NOT IN PLACE YET, SO I, I COULDN'T GET OFFICIAL APPROVAL.
UH, JUST TO COMMENT ON ONE OF WHAT THEY SAID, IT'S NOT A METAL FENCE.
I DON'T KNOW WHERE THEY GOT THAT FROM.
IT'S GONNA BE A, A WOOD FENCE BOARD ON BOARD.
WHEN DID YOU TURN INTO THE H O A FOR THE, FOR THE I SENT IT TO 'EM TWO WEEKS AGO.
AND THEN I GOT THE, OUR NEIGHBORHOOD NEWSLETTER THAT SAID THAT THEY SWITCHING COMPANIES THIS WEEK.
SO YEAH, I UNDERSTAND HOW THAT GOES.
I'M ON MY H O A BOARD AND THAT HAPPENS SOMETIMES.
IS THERE, IS THERE ANY QUESTIONS FROM THE COMMISSION? QUESTION? QUESTION? UH, COMMISSIONER ZIKA.
WELL, YOU GOT THAT STRAIGHTENED OUT ON THE, ON THE MIDDLE.
CAN WE GO BACK, UH, TO PICTURE 1 0 8, THE FENCE THAT IS THERE? IS THAT IT? EIGHT FEET? YEAH.
YOUR, YOURS IS THE SMALLER ONE? YES.
SO THE OTHER ONES ARE EIGHT FEET MORE OR LESS.
THAT, THAT NEIGHBOR, THE ALL AROUND THEIR HOUSE IS EIGHT FEET AND, AND YOURS IS SIX FEET THERE.
ANY OTHER QUESTIONS? MANNA COMMISSIONER MANNA? SO, SO THE DIALOGUE WAS, UH, SO ONE OF THE, I GUESS NEIGHBOR ACROSS THE STREET ASKED ABOUT
[02:30:01]
THE SIX FOOT FENCE ON THE SIDE, UH, I GUESS THE SIDE FACING THE STREET.AND SO, SO THE NEIGHBOR THAT, THAT YOU'RE SPEAKING ABOUT THAT YOU'RE, I GUESS HAVING SOME CHALLENGES WITH IS THE ONE, I GUESS THAT YOU CAN SEE THE FENCE THERE.
AND SO, SO, SO THAT FENCE, YOU'RE LOOKING FOR EIGHT FOOT FOR SURE.
AND BEEN BEHIND YOU, BUT YOU'RE ALSO LOOKING FOR EIGHT FOOT ON THE STREET AS WELL? WE WERE, YES.
AND ANOTHER NOTE, UM, THE ACTUAL H O A DOCUMENTS, THEY DON'T SAY THE HEIGHT, IT JUST SAYS IT HAS TO BE MADE OUTTA CEMENT OR WOOD.
ANY OTHER QUESTIONS? SO, I'M SORRY.
WE'RE NOT GOING TO TOUCH THE SIDE NEIGHBOR'S FENCE.
WE'RE GONNA BUILD OURS NEXT TO HIS, BECAUSE THERE'S SOME PROPERTY ISSUES, EVEN THOUGH I HAVE, UH, A SURVEY SAYING IT'S CORRECT.
UH, WE DON'T WANT HIM TO LIKE ATTACK THE CONTRACTOR OR ANYTHING.
UM, I'M, I WOULD LIKE TO JUST POINT OUT THAT HE, THERE IS GOING TO BE A POOL IN THE REAR YARD.
SO THAT'S SOMETHING THAT THIS BOARD HAS, HAS DISCUSSED PRIOR.
UH, SO WITH THAT, IS THERE A MO A MOTION ON THE TABLE? SOMEONE WOULD LIKE TO MAKE THI COMMISSIONER THIEL REGARDING CASE NUMBER BOA DASH 22 DASH 3 0 24.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT HEIGHT REQUIREMENT TO ALLOW AN EIGHT FOOT SOLID SCREEN PRIVACY FENCE ALONG THE SIDE PROPERTY LINE SITUATED AT 1 5 5 2 2 TRIPLE CREEK APPLICANT BEING JUSTIN ROMANSKI.
BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, YOU FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE CHAPTER.
THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION.
THE ADDITIONAL FENCE TWO FOOT IN HEIGHT IS INTENDED TO PROVIDE AN ADDITIONAL PRIVACY TO THE PROPERTY.
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 WOODEN PRIVACY FENCE LOCATED ALONG THE SIDE AND REAR PROPERTY LINES DOES NOT POSE ANY ADVERSE EFFECTS TO THE PUBLIC WELFARE.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH A PROPOSED USE.
THE BOARD FINDS THAT THE FENCE WILL CREATE ADDITIONAL SECURITY FOR THE SUBJECT PROPERTY AND IS UNLIKELY TO INJURE ADJACENT PROPERTIES.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE ADDITIONAL TWO FOOT IN HEIGHT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE PROPOSED FENCE WILL ONLY BE LOCATED ALONG THE SIDE AND REAR PROPERTY LINE 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 AS A SINGLE FAMILY HOME.
THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAK WEAKEN THE GENERAL PURPOSE OF THE DISTRICT INTO MOTION AS A SECOND BIKE.
COMMISSIONER ZUNIGA, UH, COMMISSIONER THIEL? YES, I'M BEING SUPPORTED THIS, UM, I, WE'VE DISCUSSED THIS PREVIOUSLY.
I I THINK IN ANY CASE, WHEN THERE'S A POOL, UH, YOU DO HAVE BOTH SAFETY AND PRIVACY ISSUES.
UM, ALSO WITH A A, A NEIGHBOR THAT, UH, SEEMS TO BE A LITTLE BIT DIFFICULT.
I THINK, UH, YOU KNOW, THERE'S, THERE'S MORE THAN JUST YOUR NORMAL SAFETY ISSUES HERE.
UH, COMMISSIONER ZUNIGA? SIR, SIR, UH, IS THERE ANYBODY WHO WOULD LIKE TO ADD TO THE CONVERSATION? HEARING NONE.
STAFF, PLEASE TAKE A ROLL CALL.
MR. MANNA? I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT.
YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF? OKAY.
[ Approval of Minutes ]
MINUTES.UH, DOES ANYBODY HAVE ANY AMENDMENTS TO THE MINUTES? ANYBODY LIKE TO MAKE A MOTION ON THE MINUTES? I MOVE THAT WE APPROVE THE MINUTES.
SECOND, WE HAVE A MOTION, UH, BY COMMISSIONER KAPLAN.
SECOND BY COMMISSIONER MENCHACA, PLEASE.
STAFF, PLEASE TAKE A ROLL CALL.
DO THE MINUTES REQUIRE A NINE? IS IT A DOES NOT.
[02:35:01]
UH, AT WITH EIGHT, UH, ZERO AGAINST ONE AB ABSTAINED.UH, SO WE HAVE A DIRECTOR'S REPORT.
[Other Items ]
UH, SO REAL QUICK, BEFORE THE DIRECTOR'S REPORT, WELL WE JUST WANNA ANNOUNCE THAT THIS IS ROLAND'S LAST MEETING WITH US.HE'LL BE TRANSITIONING TO A NEW TEAM.
SO I JUST WANNA WISH HIM WELL.
A LOT OF MOVING AROUND AT THE CITY.
SO YOU HAVE A, YOU HAVE A, A UPDATE ON THE U D C CODE AMENDMENTS.
THE P-TECH IS STILL MEETING WEEKLY.
UM, THANK YOU FOR THOSE THAT HAVE, UH, BEEN ATTENDING THOSE MEETINGS.
UH, SO, UM, UH, BUT, UH, WE, WE CONTINUE TO MEET EVERY, EITHER EVERY OTHER MONDAY AND EVERY OTHER TUESDAY.
SO WE'LL MEET AGAIN, UH, TOMORROW.
UH, BUT, UH, AS, AS WE GET CLOSER, AND THEN WE KNOW SOME DATES, WE'LL LET Y'ALL KNOW AHEAD OF TIME.
BUT JUST GIVING Y'ALL AN UPDATE AT EVERY MEETING.
AND, AND THE PLAN IS, IS IS WHATEVER GOES, ONCE IT MOVES ON, IT'S MOVING ON AS ONE PACKAGE, NOT IN PARTS, RIGHT? RIGHT.
NOT ALL OF THEM WILL COME TO YOU, ONLY THOSE THAT ARE RELATED TO YOUR AUTHORITY AND YOUR PURVIEW.
UM, SOME GO TO ZONING COMMISSION, ALL GO TO PLANNING COMMISSION.
UH, BUT, UM, WE WILL PACKAGE IT UP, UM, AS ONE PACKAGE TO YOU AND AGAIN, MAKE THAT PRESENTATION AS TO WHAT THOSE RECOMMENDATIONS WERE FROM THE TAC.
THE MEETING THAT WE DID NOT HAVE THE LAST TIME, WILL THAT CASES BE ABSORBED INTO A LONG ONE NEXT TIME OR A SPECIAL MEETING? UH, SO WE WERE ABLE TO ROLL THEM INTO THE NEXT MEETING.
SO, UH, SEVEN CASES WOULD, UH, HAD TO BE RESCHEDULED.
SIX OF THOSE ARE BEING RESCHEDULED FOR APRIL 4TH.
AND UM, WE HAVE FOUR NEW SUBMITTALS PLUS, UH, TWO CONTINUANCES.
SO WE'LL HAVE A TOTAL OF 12 TO BE CONSIDERED.
UH, AND THEN THE OTHER, THE SEVENTH ONE WAS MOVED TO THE APRIL 18TH AND THEN WE'LL HAVE THAT CASE ALONG WITH A A, A SMALL HANDFUL.
AND THEN THE ONES THAT WE'RE CONTINUED TODAY.
SO WE'LL KEEP IT BETWEEN 10 TO 12.
'CAUSE THAT SEEMS TO BE THE CAPACITY FOR THE BOARD.
SO, UH, THAT'S THE START OF FIESTA AND THERE'S A RIVER PARADE THAT NIGHT.
SO, UM, YOU KNOW, SO I GUESS, YOU KNOW, THERE MAY BE SOME PEOPLE THAT MAY BE INTERESTED IN GOING.
UM, AND SO IF WE KEEP HAVING NINE MEMBERS SHOW UP, I WOULD HATE FOR THE CORN TO BE LOST, YOU KNOW, FOR FIESTA PARADE OR FOR THE RIVER PARADE.
SO YEAH, I WOULD JUST ADVISE, BE COGNIZANT OF THE TIME.
SO, AND CHAIR KNOWS HOW TO RUN THE MEETING VERY EFFICIENTLY.
I'D RATHER, I'D RATHER HAVE, HAVE ONE OR TWO PEOPLE BE DISAPPOINTED IN US AND MORE THAN ONE OR TWO PEOPLE SECOND THAT MOTION.
SO, UM, AND BE, BEFORE WE ADJOURN, I JUST, UM, YOU KNOW, THERE WAS, THERE WAS SOME, UM, I I, I'VE HEARD SOME CONCERN ABOUT SOME SUGGESTIONS THAT THE BOARD HAD, AND I WANT TO KNOW ABOUT, UH, I WANNA TALK TO STAFF ABOUT THE PROPER WAY TO MOVE FORWARD WITH THAT.
SO ONCE THE, THE ONE SUGGESTIONS THAT, THAT I'M HEARING IS POSSIBLY PUTTING SOME INFORMATIVE LANGUAGE, UH, REGARDING, YOU KNOW, GETTING A BUILDING PERMIT AND HOW IMPORTANT IT'S TO GET A BUILDING PERMIT SO THAT, YOU KNOW, MAYBE RAISE SOME AWARENESS.
UH, IS THERE SOMETHING, IS THERE SOMETHING THAT STAFF CAN POSSIBLY DO TO MAYBE, YOU KNOW, ADD SOMETHING TO A, I KNOW THIS IS OUTSIDE OF YOUR PURVIEW AND WHO, WHO WOULD HAVE TO DO THIS, BUT MAYBE ADD A SMALL LITTLE BOX TO THE BACK OF A C P S BILL OR A SAW BILL OR SOMETHING THAT, OR MAYBE EVEN THE HANGERS THAT THE CITY PUTS OUT FOR, UH, TRASH PICKUP OR FOR BULK PICKUP TO SAY, HEY, BY THE WAY, GET A PERMIT IF YOU DOING ANYTHING.
SO ANY SUGGESTIONS THAT THE BOARD HAS, I WOULD, UM, ADVISE, JUST SEND THEM MY WAY.
DON'T SEND IT TO THE ENTIRE BOARD.
IF YOU HAVE A SUGGESTION ABOUT, UM, MORE INFORMATION TO OUR RESIDENTS, THAT WHAT WE CAN THEN DO IS FILTER THAT THROUGH OUR, SORT OF LIKE OUR PUBLIC INFORMATION OFFICE AND WE CAN COORDINATE WITH THEM ON HOW WE CAN PUBLICIZE THAT, WHETHER IT'S THROUGH SOCIAL MEDIA OUTLETS, PARTNERING WITH OTHER AGENCIES.
BUT FEEL FREE, IF YOU HAVE SUGGESTIONS, SEND THEM DIRECTLY TO ME SO WE DON'T START QUORUM ISSUES.
YOU DON'T HAVE TO FILTER THEM THROUGH ANY OTHER BOARD MEMBERS.
UH, ESPECIALLY IF IT'S JUST ABOUT, UM, RAISING, RAISING AWARENESS, UM, LETTING PEOPLE KNOW, UH, ABOUT CONTRACTORS BECAUSE WE DO THAT ALL THE TIME.
I MEAN, EVEN IF YOU WANTED TO HAVE THE PUBLIC, I DON'T KNOW IF I, IF I'M OKAY TO DO THIS OUTSIDE OF A MEETING, BUT IF THE PUBLIC AWARENESS DEPARTMENT JUST WANTED TO CONTACT ME, I'M AWARE OF WHAT, OF WHAT, OF WHAT'S TRYING TO BE EXPRESSED, I'D BE MORE THAN HAPPY TO JUST BE THE POINT PERSON FOR THAT.
AND SO I WANTED TO ADD TO THAT, 'CAUSE WE HAVE TALKED ABOUT IT THIS IN THE PAST AND, AND SO KIND OF FLOATED AROUND SOME DIALOGUE HERE IN THIS MEETING.
AND SO JUST AS, JUST AS A, I GUESS REMINDER IS ESSENTIALLY WE'RE COSTING CITIZENS MONEY, UM, ON TWO REGARDS.
[02:40:01]
IS THE CITIZEN IN VIOLATION AND TWO, THE CITY OF SAN ANTONIO AS WE BUILD CASES AND BRING THEM FORWARD OF EVERYTHING IT TAKES TO DO THIS.SO, SO IT ACTUALLY IS COSTING TAXPAYERS, UM, YOU KNOW, WHEN IT IS THAT PEOPLE ARE BASICALLY IN VIOLATION, UM, NEEDLESSLY AND SO, SO, SO, SO IT'S COSTING EVERYBODY MONEY.
AND SO JUST A REMINDER ABOUT THAT.
SO YEAH, SEND 'EM, SEND 'EM MY WAY.
ALRIGHT, IS THERE ANY, IF THERE'S NOTHING ELSE, I HEREBY ADJOURN THE MEETING.
I'LL HAVE A GREAT REST OF THE WEEK.