[00:00:19]
ARE WE, UH, READY TO RECORD? ALL RIGHT.
HEREBY CALL THE APRIL 4TH MEETING, THE BO O EIGHT ORDER.
UH, WE HAVE THE SPANISH INTERPRETER, PLEASE.
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 IN ORDER TO RECEIVE ASSISTANCE.
UM, MR. ZIKA'S NOT ONLINE YET, IS HE? OKAY.
MR. TEAL? PRESENT? MR. ZUNA PRESENT CHAIR ORIAN AND I AM ALSO PRESENT.
SO BE, BEFORE WE BEGIN, IF WE CAN HAVE EVERYONE PLEASE SILENCE THEIR PHONES, AND IF YOU CAN STAND AND PLEASE JOIN US IN THE PLEDGE OF ALLEGIANCE.
SO BEFORE WE PROCEED WITH TODAY'S
[ Briefing and Possible Action on the following items ]
CASES, UH, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.THE BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, YES, CHAIR WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS.
I ASK THAT BOARD MEMBER SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
SO, WE ARE ALL PRIVATE CITIZENS SUPPORTING TO THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMMON IN, 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 OUT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS. CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND THE SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY 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 REQUEST FOR VARIANCES FROM THE 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 ORDERS 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.
AND IN ORDER FOR A MOTION TO CARRY, IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANTING THE RELIEF SOUGHT REST WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUEST OF RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW.
BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE.
UH, STAFF, STAFF 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 INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN X INDICATES THOSE PROPERTY OWNERS
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IN OPPOSITION.FOLLOWING THIS PRESENTATION AND ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION.
YOU WILL BE CALLED AN ORDER THAT YOU SIGNED IN TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION.
FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A, A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF NINE MINUTES.
THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
YES, I UNDERSTAND WE HAVE A REQUEST FROM FOR TWO CONTINUANCES ITEM TWO AND FOUR.
WE'RE GONNA MOVE THOSE UP IN THE AGENDA.
AGENDA ITEM TWO, BO O A 2 2 1 0 3 0 0 1 6 17 35 SOUTH WW WHITE ROAD COUNCIL.
DISTRICT TWO APPLICANT IS JASON REED.
A REQUEST FOR VARIANCE FROM THE MINIMUM LANDSCAPE BUFFER YARD REQUIREMENTS TO ALLOW A FIVE FOOT LANDSCAPE BUFFER ALONG SOUTH WW WHITE ROAD, UH, ZONING A C TWO AND APPLICANT REQUESTED, UH, CONTINUANCE TILL MAY 2ND.
IS THERE ANY VOICEMAILS TO PLAY OR ANYONE SIGN TO SPEAK? THERE ARE NO VOICEMAILS.
AND WE'LL, UH, CHECK THE SIGN IN SHEET RIGHT NOW.
I'M LOOKING FOR A MOTION FOR CONTINUANCE TO MAY 2ND.
I MOVE THAT, UH, CASE BO A DASH TWO DASH THREE 16.
AND THIS IS SECOND BY COMMISSIONER KAPLAN.
UH, THAT'S COMMISSIONER, OH, SORRY.
UH, STAFF POLICE CALL ROLE MS. BRAGMAN.
MR. MACHACA? I APPROVE MR. MANNA.
CHAIR ORIAN AND I ALSO APPROVE MOTION PASSES CONTINUE TO MAY 2ND.
THIS IS BO O A 22 DASH 1 0 3 0 1 4.
UH, SHORT, A UM, SPECIAL EXCEPTION TO THE SHORT TERM RENTAL DENSITY LIMITATION TO ALLOW ONE ADDITIONAL TYPE TWO TO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE.
UH, PROPERTY'S LOCATED AT FIVE 11 ELMHURST AND I BELIEVE WE HAVE A COUPLE VOICEMAILS ON THIS ONE.
P O BOX 1 0 0 3 1 5 SAN ANTONIO, TEXAS SEVEN EIGHT TWO ZERO ONE.
MY PHONE NUMBER IS TWO TEN SIX FOUR THREE FOUR SEVEN SIX ZERO.
THIS IS IN RESPONSE TO AGENDA ITEM NUMBER ONE, UH, B O A CASE, UH, 2 1 3 0 0 1 8 0 LOCATED AT FIVE 11 FUR DRIVE.
UH, THANK YOU FOR THE OPPORTUNITY TO PROVIDE COMMENTS.
I AM THE PRESIDENT OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION AND ON BEHALF OF THE M P N A I WISH TO REGISTER OPPOSITION FOR THE REQUEST FOR A VARIANCE TO THE SHORT TERM RENTAL DENSITY LIMITATIONS FOR THE PROPERTY LOCATED AT FIVE 11 FUR DRIVE TO DATE AND C N A HAS NOT BEEN CONTACTED BY THE APPLICANT REGARDING THIS PARTICULAR REQUEST.
THE S P R ORDINANCE IS A CULMINATION OF INPUT BY THE FT R TASK FORCE, THE CITY OF SAN ANTONIO, AND MOST IMPORTANTLY, THE COMMUNITY.
MONTICELLO PARK RESIDENT FAIR FAMILY FT.
IS THIS THIS WRONG CASE? SUMMER? YEAH, WE HAVE TWO ADDRESSES WITH FIVE 11.
SO WE'RE PULLING UP THE ELMHURST ONES RIGHT NOW.
I'M CALLING ABOUT BO A 2 2 1 0 3 0 0 0 1 4.
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IT'S A REQUEST FOR A SPECIAL EXEMPTION FROM THE SHORT TERM RENTAL DENSITY LIMITATION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK BASE AT FIVE 11 ELMHURST AVENUE.I OPPOSE THAT SO I'LL JUST REPEAT THAT AGAIN.
I OPPOSE A REQUEST FOR A SPECIAL EXEMPTION FROM THE SHORT-TERM RENTAL DENSITY LIMITATION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK BASE AT FIVE 11 ELMHURST.
OPPOSED? MY NAME'S NAYLOR GRAY FIVE 30 ELMHURST.
MY PHONE NUMBER'S (210) 573-2740.
I RESIDE AT 7 43 ELEANOR AVENUE, SAN ANTONIO, TEXAS 7 8 2 0 9.
I AM CALLING REGARDING CASE NUMBER B O A DASH 22 DASH 0 3 4 REGARDING 511 ELMHURST AVENUE IN MAKE PARK.
I AM CALLING ON BEHALF OF THE MAKE PARK NEIGHBORHOOD ASSOCIATION.
WE ARE VEHEMENTLY OPPOSED TO THE REQUEST FOR SPECIAL EXCEPTION FROM THE SHORT-TERM RENTAL DENSITY LIMITATION, WHICH WOULD ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE.
THROUGHOUT OUR NEIGHBORHOOD, MULTIPLE HOMES ARE BECOMING NOT EVEN TENANT OCCUPIED, BUT AIRBNB AND VACATION RENTALS DISPLACING OUR COMMUNITY.
THERE IS A REASON THERE IS A LIMIT ON SHORT-TERM RENTALS IN NEIGHBORHOODS SO THAT PEOPLE CAN CONTINUE TO LIVE AFFORDABLY IN COMMUNITIES AND MAINTAIN THE CHARACTER OF OUR NEIGHBORHOODS.
OUR NEIGHBORHOOD ASSOCIATION OPPOSES PLACING ADDITIONAL SHORT-TERM RENTALS BEYOND WHAT IS PERMITTED IN OUR ORDINANCES TO ENSURE THAT WE ALLOW ENOUGH HOMES FOR PEOPLE TO CONTINUE TO LIVE AS EITHER HOMEOWNERS OR TENANTS IN OUR COMMUNITY.
THANK YOU FOR YOUR CONSIDERATION.
ANYONE SIGN UP TO SPEAK? YES, WE HAVE TWO PEOPLE SIGN UP TO SPEAK.
SIR, IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
WE, WE CAN'T WAIT TO HEAR FROM YOU.
I RESIDE AT, UM, 5 26 ELMHURST AVENUE.
DO YOU NEED THE CASE NUMBER? ALRIGHT.
UM, I SENT YOU FOLKS ALSO AN EMAIL A FEW WEEKS AGO.
I HOPE Y'ALL HAD THE TIME TO READ IT.
OR WE OPPOSE ANOTHER SHORT-TERM RENTAL ON OUR BLOCK.
WE REALLY NEED TO HAVE OR RETAIN SOME DEGREE OF CONTINUITY WITHIN OUR NEIGHBORHOOD.
WHEN WE START HAVING MORE AND MORE SHORT TERM RENTALS WITHIN OUR NEIGHBORHOOD, IT STARTS TO DEGRADE THE FABRIC OF OUR NEIGHBORHOOD.
WE KNOW WHO OUR NEIGHBORS ARE, WE HELP THEM, THEY HELP US.
WE DON'T KNOW THE SHORT TERM RENTAL PEOPLE AT ALL.
THERE ARE HOTELS THAT THEY CAN GO TO IF THEY WANT TO.
THERE IS ALREADY ONE SHORT TERM RENTAL ALREADY.
THERE'S NO REASON WHY THE CURRENT OWNER OF THIS FIVE 11 CANNOT APPLY AT THE TIME WHEN THE CURRENT LICENSE EXPIRES.
PERHAPS HE WILL GET THE CHANCE TO DO THAT.
BUT TO FOLLOW UP ON WHAT TAYLOR SAYS, WE HAVE A HOUSING PROBLEM HERE IN SAN ANTONIO.
OUR CITIZENS OF SAN ANTONIO LACK PROPER HOUSING.
THEY'RE PRICED OUT OF THE MARKET.
SO TO FOLLOW THAT NEED THAT WE HAVE IN THIS NEIGHBORHOOD AND THE CITY, IT WOULD MAKE MORE SENSE TO GIVE HOMEOWNERS AND RENTERS LONG-TERM RENTERS, STANDARD RENTERS THE ABILITY TO MOVE IN AND LIVE THERE.
THE OWNER OF FIVE 11 CAN RENT HIS HOUSE OUT AND MAKE A PROFIT IN TODAY'S MARKET.
SO WE'RE LOOKING AT ESSENTIALLY A PROFIT MAXIMIZATION ISSUE VERSUS A NEIGHBORHOOD ISSUE.
ALRIGHT, SO THE QUESTION COMES DOWN TO DO WE WANT TO GO THE FAVOR OF MAXIMIZATION PROFIT AND DENY THE NEIGHBORHOOD AND THE NEIGHBORS AND THE CITIZENS THE RIGHT TO OCCUPY? OR DO WE JUST FOCUS ON PROFIT MAXIMIZATION? THAT'S ONE OF THE CONCERNS.
THE OTHER CONCERN WE HAVE IS PARKING.
WE ARE IMPACTED BY OVERFLOW PARKING FROM THE SAN ANTONIO BOTANICAL GARDENS WITH THEIR SPECIAL EVENTS FROM THE RENTERS THAT ALREADY RESIDE ON OUR BLOCK.
RIGHT NOW WE HAVE A 13 TO EIGHT RENTER TO HOMEOWNER RATIO.
WE HAVE A DEVELOPER WANTING TO PLACE ANYWHERE FROM
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THREE TO FIVE ADDITIONAL STRUCTURES ON HIS PROPERTY, WHICH WILL KICK US UP TO SOMEWHERE AROUND 23 RENTERS TO EIGHT HOMEOWNERS.THAT RATIO'S OUTTA WHACK AND IT DOES NOT STABILIZE THE AREA.
IT'S JUST GOING TO BRING EVERYTHING DOWN.
HOMEOWNERS TAKE A LITTLE BIT MORE PRIDE IN THEIR PROPERTIES, HOMEOWNERS LIVE HERE AND SUPPORT EACH OTHER.
SO BASICALLY, I'M OPPOSED, AND I BELIEVE YOU SHOULD HAVE RECEIVED SOME EMAILS, PERHAPS AND OTHER LETTERS IN OPPOSITION.
IF YOU HAVE ANY QUESTIONS, FEEL FREE.
WE HAVE, UH, ONE MORE SPEAKER.
CAN YOU PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE? YES.
I LIVE ON, UH, 5 0 7 PARLIN PLACE.
AND IF YOU LOOK AT THE, UH, SCHEMATIC, THIS IS WHERE THEY WANNA PUT UP THAT LITTLE, UH, CAN, CAN YOU IN THE MIC? OKAY.
UH, IF YOU LOOK AT THE, THE MAP THAT THEY SENT, THIS IS WHERE THEY WANNA PUT UP THAT HOUSE.
THIS OVER HERE IS RIGHT BEHIND IT WHERE I LIVE.
AND, UM, I, I AGREE WITH EVERYTHING THAT, UM, UH, MR. BORDERLINE SAID.
I THINK THAT WHEN YOU PUT UP MORE HOUSING, YOU'RE NOT JUST PUTTING UP A HOUSE, YOU'RE CREATING, UM, NEED FOR, UM, RESOURCES, WHICH INCLUDES WATER, ELECTRICITY, NOT SO MUCH ELECTRICITY, BUT, UM, DEFINITELY, UH, WIFI AND MODERATION OF, OF BENEVOLENT NOISE.
RIGHT NOW WE HAVE A NEIGHBORHOOD THAT WANTS TO BE IN A SUBURB.
THAT'S WHERE I CAME FROM ON LONG ISLAND.
AND, UM, I LIVED IN A SUBURB MY WHOLE LIFE AND I MOVED INTO, UH, THIS HOUSE 25 YEARS AGO AND WAS HAPPY WITH IT.
NOW, THERE ARE LITTLE HOUSES GOING UP AND I DON'T WANNA INTERFERE WITH THE ONES THAT ARE ALREADY THERE, THAT ARE LIVING THERE PERMANENTLY.
UM, BECAUSE, YOU KNOW, THEY, THEY NEED A PLACE ALSO.
BUT IF WE CONTINUE WITH THE, WITH THIS TREND, IT'S GONNA END UP THAT THESE LITTLE HOUSES MAY END UP BEING THE SEEDS OF TOMORROW'S SLUM.
PERSONALLY, I DON'T HAVE A GOOD IMPRESSION OF THE MANAGEMENT.
AT FIVE 11, THERE'S UM, UH, AN ALLEY THAT IS SUPPOSED TO BE KEPT CLEARED FOR EMERGENCY.
AND, UM, FOR 25 YEARS, I HAVE HAD THE, THE, MY SIDE OF THE ALLEY CLEARED.
IT WAS VERY, UH, OBVIOUS TO ME FROM THE BEGINNING THAT FIVE 11 WAS NOT CLEARING THEIR SIDE.
YOU CAN'T, YOU CAN'T TAKE BAMBOO AWAY.
UM, SO I SPOKE TO THEM AND THEY SAID, DO I KNOW ANYBODY WHO COULD DO IT? AND I, UH, SENT SOMEBODY OVER THERE AND HE DID IT FOR THEM ONCE.
WHY? ONLY ONCE? BECAUSE HE NEVER GOT PAID.
UM, ABOUT FOUR YEARS AGO IN THIS SAME ALLEY, BUT ABOUT MAYBE AN INCH INTO MY SIDE OF THE ALLEY, AND THE REST WAS ON THEIR SIDE.
AND THE TREE FELL DOWN ON MY GARAGE AND TOOK DOWN MOST OF MY FENCE.
AND I SPOKE TO ACTUALLY MR. BORDERLINE WHO WAS WORKING FOR THEM AT THAT TIME.
UM, AND I SAID, YOU KNOW, I'M WILLING TO SHARE, EVEN THOUGH IT SEEMS TO BE YOUR TREE, NOT MY TREE, I'M WILLING TO SHARE THE, UH, COST OF TAKING IT DOWN AND THE FENCE.
AND, UM, I WAS TOLD THAT, UM, NO, IT WASN'T GONNA HAPPEN.
AND SO I HAD HIM COME OVER, MADE CHI AND EVERYTHING, AND WE TALKED ABOUT IT AND HE SAID, I'M NOT A BAD GUY.
AND, UM, I'LL, IF YOU HADN'T ASKED ME, I WOULD'VE PAID FOR IT ALL.
IT'S LIKE, OKAY, MANSPLAINING.
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AND, UM, SO I WENT AND HAD THE TREE TAKEN DOWN FOR ABOUT $1,600.IT WAS ABOUT $400 TO FIX THE FENCE.
GUESS HOW MUCH I SAW OF THAT? YOU KNOW? YEAH.
UM, ANOTHER CONCERN I HAVE IS THAT I HAVE A SMALL POOL.
I WANNA KEEP MYSELF IN LIVING.
AND, UM, UH, THAT POOL IS GONNA BE RIGHT IN THE, UM, VISION AREA OF THAT APARTMENT.
MISS, YOU'RE THREE MINUTES ARE UP.
CAN YOU PLEASE KIND OF WRAP IT UP A LITTLE BIT? I WILL.
I'M, I'M JUST ABOUT AT THE END.
UM, THE, ACTUALLY THAT'S ABOUT IT.
I'VE, I'VE HEARD COMPLAINTS FROM, UH, UH, TENANTS AND FORMER TENANTS AND NOBODY SEEMS TO LIKE THE MANAGEMENT.
IS THERE ANYONE ELSE? NO, THAT'S IT.
AND THE APPLICANT'S, UH, REQUESTING CONTINUOUS TO WHAT DATE THEY'RE REQUESTING IT FOR APRIL 18TH.
AND, UH, AND THE PURPOSE WAS TO REACH OUT TO THE NEIGHBORHOOD ASSOCIATION OR OTHER RESIDENTS? YEAH.
TO REACH OUT TO THE NEIGHBORHOOD ASSOCIATION.
SO IF ANYONE WOULD LIKE TO MAKE A MOTION TO APRIL 18TH, TEAL COMMISSIONER THIEL.
I MOVE THAT, UH, LET'S SEE HERE.
CASE NUMBER BO A 2 2 1 0 3 0 0 1 4 5 11.
ELMHURST IS CONTINUED TO APRIL 18TH.
SECOND BY COMMISSIONER BRAGMAN.
STAFF, PLEASE TAKE A ROLL CALL.
YES, MS. BRAGMAN, I APPROVE MS. KAPLAN.
I APPROVE CHAIR ORIAN AND I ALSO APPROVE MOTION FAILS.
OH, THAT'S AN ADMINISTRATIVE ACTION.
UH, AND SO FOR THOSE WHO ARE IN ATTENDANCE FOR THIS, UH, IN TWO WEEKS WE'RE GONNA BE HERE.
AND WE'VE HEARD WHAT YOU'VE BROUGHT UP AND, AND, UH, YOUR CONCERNS.
THEY WERE SUPPOSED TO MEET WITH US PRIOR TO, WELL, HE'S, THIS ISN'T THE FIRST CONTINUANCE AND WE'RE ALL PAYING ATTENTION TO WHAT WAS GOING ON WITH THIS PROJECT.
SO IF WE DON'T HEAR SOME, SOME NEW INFORMATION, UM, WE'LL TAKE THAT ALL INTO CONSIDERATION ON THE 18TH.
BUT WE DO WANT TO GIVE THE APPLICANT AN OPPORTUNITY TO REACH OUT TO THE NEIGHBOR WHO'S AN ASSOCIATION TO DO WHAT HE CAN TO TALK TO HIS NEIGHBORS.
AND WITH THAT, WE'RE GONNA HEAR ITEM NUMBER ONE.
AGENDA ITEM NUMBER ONE IS CASE BO O A 2221.
THE SUBJECT PROPERTY IS LOCATED AT FIVE 11 FUR DRIVE.
UM, THIS IS THE, A CASE THAT'S BEEN CONTINUED TWICE.
UM, THE PROPERTY'S LOCATED WITHIN COUNCIL DISTRICT SEVEN.
UM, THE REQUEST IS FOR A SPECIAL EXCEPTION TO ALLOW ONE TYPE TWO SHORT-TERM RENTAL.
THE ZONING OF THE PROPERTY IS, UH, RESIDENTIAL MIXED.
SO THE SUBJECT PROPERTY IS LOCATED ON THE CORNER OF FUR DRIVE IN CANMAN BOULEVARD.
UM, THE BLOCK FACE IS DEFINED AS THE NORTH SIDE OF FUR DRIVE BETWEEN CANMAN AND SHEARER BOULEVARD.
THERE ARE THREE LOTS ON THE BLOCK FACE AND SIX TOTAL UNITS.
SO ONLY ONE TYPE TWO PERMIT IS ALLOWED BY.
UM, THERE IS ONE TYPE TWO PERMIT ISSUED FOR ONE OF THE THREE UNITS ON THE SUBJECT PROPERTY.
SO THEY'RE REQUESTING THAT AN ADDITIONAL UNIT ON THE SAME SUBJECT PROPERTY, UM, IS ISSUED A SECOND TYPE TWO PERMIT, WHICH REQUIRES THE SPECIAL EXCEPTION.
THIS IS THE SUBJECT PROPERTY AND SOME SHORT-TERM RENTALS IN THE SURROUNDING AREA.
SO AGAIN, IT'S A TRIPLEX LOCATED ON THE SUBJECT PROPERTY.
SO ONE OF THOSE UNITS ALREADY HAS A TYPE TWO PERMIT.
THIS IS THE FLOOR PLAN PROVIDED IN THE SUBJECT PROPERTY ITSELF AND THE SURROUNDING AREA.
STAFF RECOMMENDS DENIAL, UH, BASED ON THE FOLLOWING FINDINGS.
ONE, THERE IS CURRENTLY AN ACTIVE TYPE TWO SHORT-TERM RENTAL
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UNIT ON THE BLOCK.UH, ONE WAS RESPON, ONE WAS RECEIVED IN FAVOR FOR AN OPPOSITION.
THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION IS OPPOSED.
AND FOUR ADDITIONAL RESPONSES WERE RECEIVED IN OPPOSITION OUTSIDE OF THAT 200 NOTIFICATION BOUNDARY.
UM, THAT CONCLUDES STAFF PRESENTATION AND WE'RE AVAILABLE FOR QUESTIONS.
IS THE APPLICANT PRESENT? HELLO? IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
UM, I JUST WANTED TO SAY THAT WE'RE A SHORT-TERM RENTAL BUSINESS.
UM, WE, WE HOUSE, UM, TRAVEL NURSES AND PEOPLE RELOCATING TO SAN ANTONIO.
WE TYPICALLY DO ONCE A MONTH FURNISHED RENTALS, BUT OCCASIONALLY, UH, WE DO SHORT-TERM STAYS.
UM, AND OUR GOAL IS TO MAINTAIN LONG-TERM RESIDENTS.
UM, WE IMPROVE THE PROPERTY CURB APPEAL AND MINIMIZE ANY DISRUPTIONS TO THE NEIGHBORS.
UM, SO WE KEEP OUR TENANTS PARKING IN THE PARKING LOT, UH, IN THE BACK OF THE HOUSE AND NOT IN THE STREET.
UM, AND THEN THE INCREASED REVENUE IS USED TO IMPROVE THE PROPERTY.
UH, IS THERE ANY OTHER INFORMATION YOU NEED TO PASS ALONG TO US? NO.
HOW MANY PARKING SPACES ARE IN THE REAR? UH, THERE ARE THREE, UM, IN THE GARAGE AND THEN THREE BEHIND THE GARAGE.
HAS ANYONE SIGN UP TO SPEAK? UH, YES, WE DO HAVE A VOICEMAIL PLATE AND THEN WE HAVE, UM, ONE PERSON SIGNED UP.
LET'S HEAR THE VOICEMAIL FIRST.
PO BOX 1 0 0 3 1 5, SAN ANTONIO, TEXAS SEVEN EIGHT TWO ZERO ONE.
MY PHONE NUMBER IS SIX FOUR THREE FOUR SEVEN SIX.
THIS IS IN RESPONSE TO AGENDA ITEM NUMBER ONE, UH, BOA CASE, UH, 23 1 8 0, LOCATED AT FIVE 11 FOR DRIVE.
UH, THANK YOU FOR THE OPPORTUNITY TO PROVIDE COMMENTS.
I'M THE PRESIDENT OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION AND ON BEHALF OF THE M P A I WISH TO REGISTER OPPOSITION TO THE REQUEST FOR A VARIANCE TO THE SHORT TERM RENTAL DENSITY LIMITATIONS FOR THE PROPERTY LOCATED AT FIVE 11 FUR DRIVE TO DATE.
AND P A HAS NOT BEEN CONTACTED BY THE APPLICANT REGARDING THIS PARTICULAR REQUEST.
THE S R ORDINANCE IS A CULMINATION OF INPUT BY THE R TASK FORCE, THE CITY OF SAN ANTONIO, AND MOST IMPORTANTLY, THE COMMUNITY.
MONTICELLO PARK RESIDENTS SERVED ON THE T R TASK FORCE, ATTENDED TOWN HALL MEETINGS AND PROVIDED FEEDBACK THROUGHOUT THE DEVELOPMENT OF THIS ORDINANCE.
WE ASKED THAT THE LIMITATIONS ESTABLISHED AS A RESULT OF THIS COLLABORATION BE MAINTAINED.
THERE IS CURRENTLY A GOOD BALANCE BETWEEN THE ESTABLISHED HISTORY, CHARACTER, AND LEGACY OF MONTICELLO PARK WITH A SINGLE FAMILY RESIDENCES AND THE INTRODUCTION OF AN ADDITIONAL NON-OWNER OCCUPIED S T R STRIKES.
AT THE SPIRIT OF THIS BALANCE, WE'RE CONCERNED OVER THE DENSITY THAT EXEMPTION OF THIS NATURE WOULD INTRODUCE THAT THIS WOULD HAVE AN IMPACT ON THE QUALITY OF LIFE ON OUR NEIGHBORHOOD.
WE'RE FURTHER CONCERNED THAT ANS T R WOULD LEAD TO A SIGNIFICANT INCREASE IN ACTIVITY IN AND AROUND THE IMMEDIATE AREA.
IT MUST BE ASSUMED THERE WILL BE A REGULAR INFLUX OF SHORT-TERM RENTERS AND SUCH RENTAL ACTIVITY RE NECESSITATES THE NEED FOR ADDITIONAL ACTIVITIES FOR MAINTENANCE AND CLEANING, ESPECIALLY SINCE THIS PROPERTY IS NOT OWNER OCCUPIED.
THE 500 BLOCK OF FUR DRIVE WHERE THIS PROPERTY IS LOCATED IS UNLIKE THE REST OF FUR DRIVE, WHICH CONSISTS PRIMARILY OF SINGLE FAMILY HOMES WITH A COMBINATION OF SINGLE FAMILY HOMES AND RENTAL HOUSING ON JUST THIS ONE BLOCK ON STREET PARKING IS PREVALENT AND A CHALLENGE FOR NAVIGATION FOR EXISTING RESIDENTS.
FUR DRIVE IS ALSO THE MOST NARROW STREET WITHIN M P A AND A GREATER INFLUX IN TRAFFIC AND PARKING POSES.
SAFETY CONCERNS FOR RESIDENTS AND GUESTS UNFAMILIAR WITH THE NEIGHBORHOOD.
THIS COULD HAVE A SIGNIFICANT AND NEGATIVE IMPACT ON THE FLOW OF TRAFFIC.
AGAIN, UM, WE WOULD WISH TO REGISTER OPPOSITION TO THE REQUEST FOR VARIANCE TO THE DENSITY LIMITATIONS FOR THIS PROPERTY.
THANK YOU FOR THE OPPORTUNITY TO COMMENT.
WE HAVE SOME AS SENATE TO SPEAK.
[00:30:01]
AT FOUR.I RESIDE AT 4 57 CLUB DRIVE AND ACTUALLY I CAN ACTUALLY SEE THIS PROPERTY DIRECTLY OUT MY FRONT DOOR.
BUT I CAME TO YOU THE LAST TIME WHEN THIS CASE WAS CONTINUED AND I RAISED THE CONCERN TO YOU ABOUT THE REPEATED CONTINUANCES FOR THIS CASE WITH THE LACK OF ENGAGEMENT THAT THE PROPERTY OWNER DID NOT ENGAGE WITH.
THE NEIGHBORHOOD ASSOCIATION IS INDICATING THAT THEY WOULD, UH, GIVEN THE OPPOSITION FOR THIS CASE.
F ONE IS THE LEGALLY, UM, REGISTERED S T R RIGHT NOW.
BUT IF YOU GO TO THE NEXT ONE, F TWO, THEY WERE ALREADY OPERATING THIS SHORT TERM RENTAL ON THIS PROPERTY BEFORE THEY APPLIED FOR THEIR PERMIT FOR THEIR SPECIAL EXCEPTION, THEY'D BEEN OPERATING IT.
AND LOOK, WHY DO, WHAT DO THEY ADVERTISE? THE POOL.
SO ONE OF THE THINGS THAT'S NOT IN YOUR SHORT TERM RENTAL APPLICATION IS THEY DON'T TALK ABOUT THE OTHER AMENITIES ON THE PROPERTY.
AND WE ALL KNOW THAT A POOL CHANGES A PROPERTY FROM ITS OPERATIONS AND WHAT CAN POTENTIALLY OCCUR ON THE PROPERTY DURING THE SHORT-TERM RENTALS COMING AND GOING AT THIS PRO POTENTIAL PROPERTY.
THE OTHER THING TO TAKE INTO CONSIDERATION IS ITS ITS LOCATION.
IT'S ADJACENT TO THOMAS JEFFERSON HIGH SCHOOL, WHICH IS A LANDMARK ON THE NATIONAL REGISTRY, AND THEY HAVE OVERFLOW PARKING ON CAMP.
THIS HOUSE ITSELF IS A NATHANIEL STRAUSS NAAC, AND IF YOU DON'T KNOW WHO NAC IS AS AN ARCHITECT, HE DESIGNED THE ALAMEDA THEATER IN SEVERAL HOMES IN OUR HISTORIC DISTRICT.
AND IN THE MONTE VISTA HISTORIC DISTRICT.
WHEN YOU LOOK AT THIS PARTICULAR BLOCK, EVERY SINGLE PROPERTY ON THIS BLOCK IS A MULTIFAMILY.
SO WHAT THEY ARE DOING IS THEY'RE REMOVING AFFORDABLE HOUSING LONG TERM FROM BEING AVAILABLE TO THE PUBLIC.
I UNDERSTAND THEY HAVE ONE UNIT, BUT ADDING AN ADDITIONAL UNIT, IT RAISES EVERY CONCERN AS A PUBLIC CITIZEN THAT I AM IN THIS COMMUNITY AND WHO PARTICIPATED IN THE SHORT TERM RENTAL TASK FORCE TO KNOW THAT THEY HAD ALREADY OPERATED WHAT THEY'RE SEEKING TO GET PERMISSION FOR TODAY THAT FUNDAMENTALLY SHOWS THEIR DISRESPECT FOR CODES AND FOR YOUR PROCESS AND PROCEDURES, YOUR TIME, MY TIME AND MY NEIGHBORHOOD ASSOCIATION'S TIME.
THERE'S A DENSITY LIMIT FOR A REASON.
I'M ASKING FOR YOU TO OPPOSE IT.
WHEN YOU LOOK AT THE PUBLIC INFORMATION THAT'S AVAILABLE, YOU GO OUT ON AIRBNB AND YOU LOOK AT THESE RENTALS.
THE PROFILE FOR THE EXISTING LEGITIMATE RENTAL RIGHT NOW IS REGISTERED TO A GENTLEMAN NAMED DAN.
WELL, DAN HAS 30 OTHER SHORT TERM RENTALS THAT HE'S MONITORING OR MANAGING HERE IN SAN SAN ANTONIO.
THEY'RE NOT ALL IN SAN ANTONIO, BUT HE SURE DOES NOT HAVE THAT MANY PERMITS ISSUED ON THE SHORT TERM RENTAL LIST.
HE DOESN'T EVEN EXCEED 20, MAKES YOU WONDER HOW MANY MORE HE'S ILLEGALLY OPERATING.
LIKE I SAID, LEARN THE LESSON FROM THE HISTORY, THE FACTUAL INFORMATION THAT IS AVAILABLE.
I PRESENTED THE SAME INFORMATION AT THE LAST MEETING THAT IT HAD ALREADY BEEN OPERATING AND THEIR INTENT TO ENGAGE WITH THE COMMUNITY AND THE OPPOSITION DIDN'T OCCUR.
NOT EVEN, THEY DIDN'T EVEN CALL, THEY DIDN'T EVEN EMAIL.
AND THAT INFORMATION'S READILY AVAILABLE.
SO PLEASE PROTECT THE INTEGRITY OF THE NEIGHBORHOOD.
THAT IS WHY THE DENSITY LIMITATION WAS WRITTEN.
AND PLEASE OPPOSE THE REQUEST TODAY BEFORE YOU.
THANK YOU FOR THE OPPORTUNITY TO SPEAK.
ALL RIGHT, WE'RE GONNA OPEN THIS UP TO COMMISSIONER QUESTIONS.
IS THERE A MOTION ON THE TABLE? WAIT, SORRY, I HAVE A QUESTION FOR THE APPLICANT.
ISSUE WANTS TO COME UP, UH, FOR THE APPLICANT, PLEASE COME FORWARD.
SO MY QUESTION IS, YOU MENTIONED THAT YOU DO, UM, MONTHLY RENTALS FOR TRAVELING NURSES? YES, MA'AM.
SO IS THERE A REASON THAT YOU CAN'T CONTINUE THAT WITHOUT HAVING A SHORT-TERM RENTAL, UM, PERMIT? BECAUSE THE SHORT-TERM RENTAL PERMIT IS ONLY FOR STAYS UNDER 30 OR 30 DAYS AND UNDER WE WANTED TO ADD, UM, ADD SHORT-TERM RENTALS.
SO, SO OUR GOAL IS TO HAVE LONG-TERM RENTALS, BUT WE WANNA ALSO HAVE SHORT-TERM RENTALS.
OKAY, BUT YOU HAVE A SHORT-TERM RENTAL PERMIT ALREADY.
RIGHT? SO THAT WOULD ALLOW YOU TO DO SHORT-TERM RENTALS.
AND THE MONTHLY OR LONGER TERM RENTALS IN THE OTHER TWO.
SO, UM, I'M, I'M ACTUALLY JUST A CLEANER AND THEY'RE HAVING ME, UH, COME UP HERE TO REPRESENT UM, THEM, BUT, UM, WE, SO I'M NOT SURE, UM, ABOUT THAT.
ANY OTHER QUESTIONS? ALL RIGHT.
IS THERE A MOTION? MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 1 1 0 3 0 0 1 8 0.
I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO RENTAL SHORT-TERM RENTAL UNITS SITUATED AT FIVE 11 FOR DRIVE APPLICANT BEING DANIEL CRANE.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS
[00:35:01]
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 A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH AND SAFETY.
UH, THE, THE BOARD FINDS THAT THE REQUEST TO OPERATE A SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY OR WELFARE.
THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THE FACILITY.
B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE.
THE BOARD FINDS THAT THERE ARE A TOTAL OF SIX RESIDENTIAL UNITS ON THIS BLOCK FACE, AND THE SPECIAL EXCEPTION WOULD PERMIT A TOTAL OF TWO TYPE TWO SHORT-TERM RENTALS RESULTING IN 33% OF THE BLOCK PHASE.
THE PERCENTAGE IS NOT MUCH GREATER THAN THAT WHAT IS PERMITTED.
AND WITH THE APPLICANT RESIDING WITHIN SAN ANTONIO, THIS PROVIDES REASON TO BELIEVE A PUBLIC NUISANCE SEEMS UNLIKELY TO BE CREATED.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THEIR SURROUNDING AREA INCLUDES A MIXTURE OF DIFFERENT DENSITIES SUCH AS DUPLEXES AND TRIPLEXES, WHICH GIVE REASON TO BELIEVE THAT THERE ARE MULTIPLE RENTALS IN THE AREA.
THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO THE COMMERCIAL CORRIDOR OF FREDERICKSBURG ROAD.
THE UNIQUE SCENARIO AND AREA DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES AS A TYPE TWO SHORT-TERM RENTAL.
D, ADEQUATE UTILITIES, UH, ACCESS ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED.
UM, THE SUBJECT PROPERTY PROVIDES ALL STREET PARKING, APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
E THE APPLICANT OR OWNER OF THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES.
CONFIRMED CITATIONS OR EDUCATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE, UH, 22 OF THE CITY CODE WITH IN ONE YEAR OF THE DATE OF THE APPLICATION.
THE APPLICANT CURRENTLY DOES NOT HOLD MULTIPLE SHORT-TERM RENTAL PERMITS 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 LOCATIONS IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO COMMERCIAL, RECREATIONAL, AND OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PRESIDING OFF STREET PARKING OR PROVIDING OFF STREET PARKING AND MAINTAINING IT.
THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION WHICH THE PROPERTY IS SEEKING, THE SPECIAL EXCEPTION AND A MOTION.
SECOND, WE HAVE A MOTION AND A SECOND BY COMMISSIONER THIEL.
ANY DISCUSSION? YEAH, SO WE, WE DO READ THESE IN A POSITIVE, BUT I WILL NOT BE AGREEING WITH THIS MOTION AS IT, UM, AND SO I WILL NOT BE IN FAVOR OF IT.
I THINK THAT THE, UM, THE, THE COMMUNITY HAS, UH, KIND OF PROVIDED SOME, I THINK, RELEVANT INFORMATION THAT, UH, WILL NOT LET ME SUPPORT THIS.
I'M IN AGREEMENT WITH MY COLLEAGUE, UH, FILLED WITH THE MULTIPLE CONTINUANCES.
UH, THE APPLICANT DID HAVE TIME TO REACH OUT TO THE NEIGHBORHOOD ASSOCIATION AND, AND, AND INDIVIDUALLY THE NEIGHBORS FAILED TO DO SO AND THEREFORE I'LL NOT BE IN SUPPORT.
IS ANYONE ELSE, COMMISSIONER KAPLAN? I ALSO WILL NOT BE IN FAVOR OF THIS.
UM, I THINK THAT THE, UM, UH, UH, THAT THE NEIGHBORS HAVE POINTED OUT THAT THERE IS A POOL THERE, WHICH REALLY DOES BEG TOUR POOL PARTIES AND DISRUPTION IN THE NEIGHBORHOOD.
SO COMMISSIONER ZUNA, RIGHT? I WAS SEEKING FOR THE HARDSHIP, UH, APP, UH, THAT THE APPLICANT WOULD BE MAKING FOR THIS AND I COULD FIND NO HARDSHIP HERE, SO I'M NOT SUPPORTING.
ALRIGHT, ANYONE ELSE? UH, AND I'M ALSO NOT IN SUPPORT.
MY REASONING IS BECAUSE WE HEAR TESTIMONY IS FOR TRAVELING NURSES.
TRAVELING NURSES TYPICALLY STAY OVER 30, 30 DAYS.
AND, AND SO I DON'T HAVE ANY, UM, ANY, I DON'T SEE ANY HARDSHIP FOR THIS STAFF.
SEE, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I ALSO DO NOT CONCUR.
UM, IF YOU COULD GET WITH STAFF, I'LL TALK TO YOU ABOUT YOUR OPTIONS.
RICHARD BAPTIST HERE, PIONEER HERE WITH UH, DEVELOPMENT SERVICES, UM, BO O A 22, UH, 1 0 3 0 0 0 2 3.
LOCATED AT 1 2 3 HAM AVENUE COUNCIL DISTRICT THREE APPLICANT BEING, UH, VAL FLORES.
REQUEST FOR VARIANCE FOR A 2,208 SQUARE FOOT, UM, TO THE REQUIRED MINIMUM OF 6,000 SQUARE FEET TO BE ALLOWED THE RESIDENTIAL STRUCTURE TO BE BUILT ON 3,792
[00:40:01]
SQUARE FEET LOT.UH, CURRENT ZONING IS R SIX RESIDENTIAL SINGLE FAMILY.
UM, SIR, THE SUBJECT PROPERTY IS CURRENTLY LOCATED, UM, ALONG BERGHAM AVENUE AND CURRENTLY A VACANT LOT.
APPLICANT IS REQUESTING A 2,208 FOOT SQUARE FOOT VARIANCE TO THE 6,000 SQUARE FOOT MINIMUM LOT RIGHT LOT REQUIREMENT TO ALLOW RESIDENTIAL TRUCTURE TO BE BUILT.
UH, UPON SITE VISIT, UM, STAFF OBSERVED SIMILAR LOTS.
UM, SITE PLAN AND THE SUBJECT PROPERTY ITSELF, MORE VIEWS AND THE SURROUNDING AREAS.
UM, STAFF RECOMMENDS APPROVAL AND B O A 22 103 0 0 0 2 3 BASED ON THE FOLLOWING FINDINGS OF FACTS.
UM, THERE ARE SIMILAR LOT SIZES IN THE AREA.
OTHER RESIDENTIAL STRUCTURES ARE BUILT ON SIMILAR, UM, SIZE LOTS AND THE MINIMUM LOT SIZE WILL NOT ADVERSELY AFFECT THE ESSENTIAL CHARACTER OF THE DISTRICT.
UM, THE NOTIFICATION PLAN, THERE WAS 36 NOTICES MAILED ZERO IN FAVOR, ZERO OPPOSITION.
AND THERE IS NO NEIGHBORHOOD ASSOCIATION AND THE APPLICANT SHOULD BE PRESENT.
AND THIS IS THE CASE THAT WE, WE'VE ALREADY APPROVED ONCE AND THEN THERE WAS A SLIGHT MATH ERROR AND THEY'RE ONLY, YES, THIS IS THAT ONE.
PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
AND UM, I'M JUST GONNA GO AHEAD AND JUMP TO QUESTIONS.
ARE THERE ANY QUESTIONS? I KNOW WE'VE, THIS APPLICANT HAS BEEN UP HERE BEFORE.
IS THERE ANYTHING YOU'D LIKE TO ADD OR STATE? YEAH, THE ONE THING I WAS GONNA ASK IS, UM, I KNOW THE TAX RECORDS HAVE IT AT, UM, 50 BY 75.
AND THEN WHEN THE FIRST, UH, UM, WHEN THEY WENT OUT TO DO THE SURVEY, IT WAS LIKE 50 BY 74.81.
SO I'M ACTUALLY HAVING TO GET THE, UM, I HAVE AN ENGINEER 'CAUSE WE'RE GONNA HAVE TO REPL THAT PROPERTY.
SO HE ASKED ME, HE SAYS, ROY, WHAT ABOUT WHEN I GO OUT AND I MEASURE IT AND I COME UP WITH 50 BY 74.8, YOU KNOW, ARE WE GONNA HAVE TO COME BACK AND, AND, AND GET THAT ACCEPTED OR THAT WAS THE QUESTION.
YEAH, IT ALL DEPENDS ON WHAT SURVEYOR THEY USE AND WHAT THEY COME UP WITH.
IS, IS YOUR CASE BEFORE US TODAY COVER YOU FOR, FOR THIS YOU THINK? IS IT FOLLOWING THE TAX? WELL, WHEN I WENT OFF THE, THE, UH, B C A B A, LIKE I SAID, BCA, I WENT OFF THEIR MEASUREMENTS.
WHEN I SUBMITTED MY PLANS, I WENT OFF THE ACTUAL SURVEY, BUT I WAS SMALL.
I WAS ACTUALLY SMALLER, UM, FROM THE ACTUAL SURVEY THAT WAS TAKEN AND IT WASN'T BCA, SO BCA WAS WRONG.
SO IT WAS BROUGHT UP TO, TO MY ATTENTION BY THE ENGINEER.
SO THAT'S WHEN I HAD TO COME BACK TO GO AHEAD AND GET THE APPROVAL BECAUSE THEN IT WAS SMALLER THAN WHAT BCA WAS SHOWING.
SO HE JUST ASKED ME, HE GOES, ROY, WHAT ABOUT IF I MEASURE IT AND I COME UP WITH SOMETHING DIFFERENT, YOU'LL HAVE TO COME BACK, THEN I'LL HAVE TO COME BACK.
BUT THAT'S, THAT'S, THAT'S ONLY IF WE DON'T KNOW THAT, UH, WE DO YOU NEED A, DO YOU NEED A CONTINUOUS TO WAIT OR DO YOU WANT NO, NO, I, YOU KNOW, I, I, I WAS, HE, HE JUST ASKED ME THAT 'CAUSE I'M READY TO PROCEED.
WE'VE BEEN GOING ON THIS FOR LIKE 90 DAYS AND, AND I KNOW I SHOULD HAVE GONE OFF THE SURVEY ORIGINALLY NOT GONE OFF OF BCA AND THAT'S WHAT I DID.
MR. CHAIR, COULD WE WAIVE IF THERE'S ANY FEES ASSOCIATED WITH EVERY REAPPLICATION, UH, PROCESS WITH THAT? UH, THAT, THAT THAT'D BE UP TO, I MEAN, IT WOULD REQUIRE A NOTIFICATION IF IT, IF IT CHANGED.
WE CAN ONLY, YEAH, DEPENDING ON, YEAH, DEPENDING ON WHAT HE SAYS.
IF HE COMES BACK AND HE'S ANY DIFFERENT, THEN YEAH, I'LL HAVE TO BRING IT UP TO THEIR ATTENTION AND COME BACK.
IF IT'S OFF BY, YOU KNOW, LET'S SAY RIGHT NOW I THINK IT'S 74, IT'S 50 50 FRONTAGE BY 74, 81, 74 0.81.
ARE YOU A PORTION OF A LOT OR ARE YOU A, ARE YOU AS ONE OF THE OLD HISTORICAL LOTS? NO, IT'S A PORTION.
YOU COULDN'T, HE DOESN'T, THIS APPLICANT DOESN'T QUALIFY FOR C O D? NO, WE, WE WENT THROUGH THAT PROCESS OF THE CERTIFICATES, SO I'M HAVING TO GET IT REPLANTED, WHICH WE WERE PREPARED TO DO, BUT I HAVEN'T TAKEN THAT STEP FORWARD UNTIL I GOT THE APPROVAL FROM THE BOARD TO MAKE SURE THAT I CAN, THAT I CAN DO IT, YOU KNOW, AND I GOT APPROVED THE FIRST TIME, BUT THEN MY SECOND TIME IT BECAUSE IT WAS OFF, THAT'S WHEN I COME BACK.
WHEN ARE YOU MOVING FORWARD WITH THE REPLANT? WHEN ARE YOU GONNA HAVE THAT SURVEY IN? UH, WELL WE'RE READY TO GET STARTED.
SO AS SOON AS I GET APPROVAL OFF THE NEW SQUARE FOOTAGE OF THE LOT BASED ON THE, UH, THE SURVEY THAT WAS DONE, THEN I'M GONNA CALL MY ENGINEER AS SOON AS I LEAVE HERE.
IF, IF THE BOARD APPROVES TO GO AHEAD AND MOVE FORWARD WITH THE, UH, WITH THE PLA BECAUSE YOU KNOW, THE COST OF A PLAT, YOU KNOW, I'M PROBABLY LOOKING AT BETWEEN EIGHT TO 10,000.
YOU CAN ALWAYS ASK THE SURVEYOR WHO DID IT TO BE SIGNATORY ON YOUR NEW PLAT.
SO I'M FIXING TO CALL THE SURVEYOR AND, AND ASK MY ENGINEER.
HE CAN JUST GO OFF THAT WITHOUT HIM HAVING TO RESURVEY IT IF HE, IF, IF HE'D BE WILLING TO DO THAT.
IS THERE ANY OTHER QUESTIONS? NONE.
UH, IS THERE A MOTION ON THE TABLE? SO I, I ACTUALLY DID HAVE QUESTIONS.
SO, SO WE CAN'T, WE CANNOT, UM, BECAUSE OF, 'CAUSE IT WAS ADVERTISED WHATEVER THE, WHATEVER THE SQUARE FOOT VARIANCE WAS,
[00:45:01]
WE CAN GO WITH A SMALLER VARIANCE BECAUSE THAT WOULD BE GRANTED A MORE RIGHT.WE CAN AND WE WE CAN, WE CAN, ALL WE CAN DO IS, IS GO ABOVE, BUT WE CAN'T RIGHT.
AND THE PROBLEM WOULD BE THAT WOULD RUN CONTRARY TO MAYBE THE DIALOGUE AND THEN HE AND THE APPIAN DOESN'T EVEN KNOW IF IT'S AN ISSUE.
SO YEAH, JUST HYPOTHETICALLY IF, IF, IF HE ASKS ME, BUT WHAT ABOUT IF IT'S, IF IF HE MEASURES IT AND IT'S LARGER, DO I STILL HAVE TO COME BACK IF IT'S LARGER OR ONLY IF IT'S SMALLER.
IF HIS SURVEYOR FINDS ONE THAT'S SMALLER.
IF, IF HE FINDS IT SMALLER AND THAT'S WHAT'S GONNA BE CERTIFIED ON YOUR PLAT.
THAT'S WHAT STAFF'S GONNA BE USING TO REVIEW, UH, YOU KNOW, IN CONJUNCTION WITH THIS VARIANCE.
UH, THE ONLY THING THAT COULD, COULD HAPPEN IS THAT IF WE WERE TO, IF THEY WERE TO REIFY, THERE'S A REIFICATION FEE IF THIS WERE TO MOVE FORWARD WITH SOMETHING DIFFERENT.
THE FEES COVER ALL THE REIFICATION AND PUBLICATION AND EVERYTHING.
WHAT IS THAT REIFICATION FEE, IF I MAY ASK? WELL, IT'S JUST THE, THE B O A VARIANCE FEE, WHICH IS THE $600.
IT COVERS THE PUBLICATION AND THE, BUT IT'S REIFICATION, BUT IT'S NOT, IT'S NOT THREE 50 ON A RESIDENTIAL LOT.
SO YEAH, IT WOULD BE AN ADDITIONAL 600 IF IT COMES BACK.
IF IT COMES BACK LESS IF YOU HAVE TO COME BACK.
BUT IF IT'S SAME, WE'RE WE'RE GOOD TO GO IF, IF WE GET THE APPROVAL TODAY OR IF IT ENDS UP BIGGER.
AND ANOTHER QUESTION THEN WOULD BE A, A POSSIBILITY OF CONTINUANCE SO THAT YOU KNOW, UH, SO THAT WHEN YOU DO FINISH THE SURVEY, COME BACK WITH REGARDS TO THAT DATE.
IS THAT AN OPTION AS WELL? YEAH, YOU COULD, YOU, YOU'RE WELCOME TO DO THAT.
BUT IF HE WERE TO, IF WE WERE TO DO A CONTINUANCE AND HE FINDS THAT HIS LOT IS SMALLER THAN WHAT HE'S, HE'S THINKING IT IS TODAY, UM, IT'S STILL $600 IS NOT SOME SORT OF A MIDWAY FEE FOR THAT.
IF IT'S POSTPONED, A POSTPONEMENT FEE IS $200.
AND THAT WOULD INCLUDE REIFICATION? CORRECT.
SO WOULD YOU LIKE A POSTPONEMENT? NO, NO, I THINK I'LL BE GOOD.
LIKE I SAID, I WAS JUST GOING OFF OF BCAT AND IT WAS JUST A QUESTION, YOU KNOW, AND I'LL, I'LL CALL THE SURVEYING COMPANY THAT SURVEYED MY PROPERTY BECAUSE THEY SHOULD HAVE THE PROPER, HOPEFULLY THEY HAVE THE PROPER MEASUREMENTS THAT THEY TOOK WHEN THEY WENT OUT.
YOU KNOW, THAT SHOULDN'T BE AN ISSUE.
BUT I THINK WE SHOULD BE GOOD.
SO WITH THAT, IS THERE ANY OTHER QUESTIONS? AND LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN, REGARDING CASE NUMBER BO A DASH 22 DASH 0 3 23, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A 2,292 SQUARE FOOT VARIANCE FROM THE MA MINIMUM 6,000 SQUARE FOOT LOT SIZE REQUIREMENT TO ALLOW A LOT OF 3,708 SQUARE FEET SITUATED AT 1 2 3 EAST BURHAM AVENUE.
APPLICANT BOOING RAUL FLORES BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE REQUEST IS TO ALLOW A LOT OF 3,708 SQUARE FEET IS NOT CONTRARY TO PUBLIC INTEREST.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN UNNECESSARY HARDSHIP.
BY IMPOSING A LITTLE LITERAL ENFORCEMENT, THE OWNER WOULD NOT BE ABLE TO BUILD A STRUCTURE DUE TO NOT MEETING THE MINIMUM LOCK SIZE REQUIREMENT.
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.
THERE IS, THERE IS SUFFICIENT SPACE BETWEEN THE NEIGHBORING PROPERTIES AND THERE WILL BE PLENTY OF SPACE BETWEEN STRUCTURES AS TO NOT POSE ANY FIRE, LIFE OR SAFETY ISSUE WHICH OBSERVES THE SPIRIT OF THE ORDINANCE.
THE ORDINANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCES SOUGHT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
SUCH VARIANCES 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 MINIMUM LOT VARIANCE OF 2,292 SQUARE FEET DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING.
THE USE OF ADJACENT PROPERTIES DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND WERE NOT AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY'S LOCATED.
THE BOARD FINDS THAT THE PLIGHT OF THE PROPERTY OWNER IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IN THAT THE LOT SIZES ARE SIMILAR IN THE AREA AND OTHER RESIDENTIAL STRUCTURES ARE BUILT ON SIMILAR LOT SIZES.
THE OWNER PURCHASED THE PROPERTY IN ITS CURRENT SIZE AND SHAPE AND IS, AND IT WAS NOT ALTERED OR SUBDIVIDED BY THE O END OF MOTION.
IS THERE A SECOND? THI SECOND.
[00:50:01]
COMMISSIONER BRAGMAN? YEAH.UM, WE KNOW WE'VE GOT A HOUSING PROBLEM IN SAN ANTONIO AND SO ANY WAY THAT WE CAN INFILL ON THESE IRREGULARLY SHAPED LOTS, I'M GONNA BE IN FAVOR OF THANK YOU COMMISSIONER TE I'M IN AGREEMENT WITH MY COLLEAGUE.
ALRIGHT, ANYONE ELSE HEARING ON STAFF? PLEASE TAKE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT.
MS. CAPTAIN, I CONCUR WITH THE FINDINGS OF FACT.
MR. MANNA I CONCUR WITH THE FINDINGS OF FACT.
MR. ZUNA? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
I WISH YOU LUCK IN YOUR PROJECT.
UH, BEFORE WE GO ON TO ITEM FIVE, UH, STAFF.
ANY, ANY LUCK WITH, UH, COMMISSIONER ZUNIGA AND WEBEX? NO.
VINCENT INTRAVENOUS SENIOR PLANNER.
AGENDA ITEM FIVE, BO A 2 2 1 0 3 0 0 1 0 3200 FREDERICKSBURG ROAD COUNCIL DISTRICT ONE IN SEVEN.
THE ORIGINAL REQUEST WAS A FOR 16 FOOT VARIANCE FROM THE 24 FOOT SIGN HEIGHT.
THE APPLICANT HAS NOW AMENDED THE REQUEST FOR A 12 FOOT VARIANCE FROM THE 20 FOOT 24 FEET SIGN MAXIMUM TO ALLOW A SIGN TO BE 36 FEET TALL.
THE SUBJECT PROPERTY IS LOCATED ALONG FREDERICKSBURG ROAD AND FRESNO STREET AND IS CURRENTLY A VACANT LOT.
APPLICANT IS REQUESTING A VARIANCE FROM THE SIGN HEIGHT.
UPON SITE VISITED STAFF OBSERVED OTHER SIGNS FROM LOCAL BUSINESSES THAT SEEM TO BE IN LINE WITH THEIR REQUIREMENTS.
THAT IS STATED IN THE U D C 24 DASH 28 DASH 45 C TWO SITE PLAN.
SUBJECT PROPERTY FRONT SIDE SIGNS, OTHER SIGNS IN THE AREA, SIGNS IN THE AREA SURROUNDING AREA.
STAFF RECOMMENDS DENIAL AND B O A 22 1 0 3 0 0 1 0 BASED ON THE FOLLOWING FINDINGS OF FACT, THE LARGER SIGN CAN POTENTIALLY CREATE A LIFE SAFETY ISSUE.
THE LARGEST SIGN WILL ONLY INCREASE LIGHT POLLUTION IN THE IMMEDIATE AREA.
IT COULD POTENTIALLY NEGATIVELY AFFECT NEIGHBORHOOD BUSINESSES.
AND THE REQUEST IS NOT FOLLOWING GUIDELINES SET FORTH PER THE E D C NOTIFICATION PLAN.
ZERO IN FAVOR, ZERO IN OPPOSITION.
NO RESPONSE FROM THE LOS ANGELES HEIGHTS OR THE MAVERICK NEIGHBORHOOD ASSOCIATION.
MONTICELLO PARK NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION.
AND THIS CONCLUDES STAFF PRESENTATION.
THE STAFF STAFF SIGN, UH, SIGN TEAM IS AVAILABLE FOR QUESTIONS.
UH, BEFORE WE GO, UH, YOU HAD MENTIONED THE APPLICANT DROPPED IT TO 36 FEET MAX HEIGHT? YES, SIR.
AND DID, WAS THAT, UH, PARLAYED TO THE NEIGHBORHOOD ASSOCIATION? UH, JUST FOR A RECOM OR NOT? UH, NO.
THE NEIGHBORHOOD ASSOCIATION IS NOT AWARE.
I DON'T BELIEVE OF THE NEW REQUEST.
UM, BUT OUR STAFF SIGN, OUR SIGNED STAFF HAS REVIEWED IT.
UM, AND WE WOULD RECOMMEND APPROVAL FOR THE REVISED REQUEST.
UH, ALL RIGHT, LET'S HEAR FROM THE APPLICANT PLEASE.
UH, WEST PUTMAN BUDGET SIGNS, UH, 28 0 1 WEST AVENUE, 7 8 2 0 1.
UH, WE INITIALLY, UH, DID THIS APPLICATION.
UH, THE CLIENT HAD US DO THIS APPLICATION.
THEY WERE UN UH, A LITTLE BIT UNINFORMED ON HOW TO ACTUALLY DO THE VARIANCE PRO PROCESS.
SO THEY HAD ME APPLY THIS ONE.
UH, THE, I WAS TRYING TO TELL THEM THERE'S NO HARDSHIP FOR OVER SQUARE FOOTAGE.
THERE IS A HARDSHIP FOR HEIGHT DUE TO THE VIA STRUCTURE THAT'S THAT'S RIGHT IN FRONT OF WHERE THE SIGN IS GONNA GO.
SO WE THEN, UH, ON MARCH 9TH, UH, SENT THE REQUEST TO UPDATE IT, UM, TO THE STAFF.
JUST FOR SOME REASON, ANOTHER SLIPPED THROUGH THE CRACKS.
I THINK ROLAND WAS HANDLING IT.
HE GOT MOVED TO A DIFFERENT, UH, DIVISION.
SO THEN STAFF SAID THAT, THAT THAT PORTION IS, WAS, YOU KNOW, WOULD BE APPROVED BY STAFF.
SO WE ORIGINALLY HAD WITHDRAWN THIS BECAUSE WE REALIZED THAT WAS THAT PASS.
AND SO, UH, THAT'S WHY WE CAME BACK WITH, AFTER TALKING WITH THE SIGN DEPARTMENT, THAT WHAT THEY WOULD APPROVE BASICALLY DO BECAUSE OF THE, OF THE VIA STRUCTURE THAT'S IN FRONT OF THE PROJECT.
[00:55:01]
GONNA SIGN UP TO SPEAK OR ANY VOICEMAILS? WE DO HAVE A VOICEMAIL PLAY, SO HANG TIGHT.WE'LL SEE IF YOU HAVE ANY QUESTIONS FOR YOU, BUT WE'RE GONNA HEAR VOICEMAIL FIRST.
PO BOX 1 0 0 3 1 5, SAN ANTONIO, TEXAS SEVEN TWO ZERO ONE.
MY PHONE NUMBER IS TWO SIX FOUR THREE FOUR SEVEN SIX ZERO.
I'M PRESIDENT OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION.
AND THIS IS IN RESPONSE TO AGENDA ITEM NUMBER THREE.
BOA CASE NUMBER 22 0 3 1 0, LOCATED AT 3,200 FREDERICKSBURG ROAD.
THANK YOU FOR THE OPPORTUNITY TO PROVIDE COMMENTS FOR THIS CASE.
PROVIDE, UH, THE NEIGHBORHOOD OF MONTICELLO PARK IS A PART OF THE NEAR NORTHWEST COMMUNITY PLAN AREA, AND FREDERICKSBURG ROAD IS THE GATEWAY TO THE MP, A COMMUNITY MP A SUPPORTS STAFF'S RECOMMENDATION FOR DENIAL OF THE PROPOSED O E D SIGN.
WHILE MP A APPRECIATES FOR SMART CREDIT UNION FOR RELOCATING FROM THEIR CURRENT LOCATION ON THE 100 BLOCK OF DONALDSON TO THE PROPOSED NEW LOCATION, CURRENTLY UNDER CONSTRUCTION AT 3,200 FREDERICKSBURG ROAD.
AND ALSO FOR STAYING, UH, WITHIN THE COMMUNITY ON THE FREDERICKSBURG ROAD CORRIDOR.
THIS REQUEST IS NOT FOLLOW THE GUIDELINES SET FORTH PER THE U D C.
THIS PARTICULAR, UH, PROPERTY IS LOCATED JUST THREE TENTHS OF A MILE FROM THE FREDERICKSBURG ROAD URBAN CORRIDOR DISTRICT, BUT IS ALSO ADJACENT TO SINGLE FAMILY HOMES ON EDISON AND ON FRESNO.
THE HEIGHT FOR THE PROPOSED L E D SIGN CAN RESULT IN NEGATIVE IMPACTS ON THE COMMUNITY TO INCLUDE INCREASED LIGHT SOLUTION IN THE IMMEDIATE AREA.
AGAIN, MP A SUPPORTS STAFF'S RECOMMENDATION FOR DENIAL OF THE PROPOSED E D SIGN.
THANK YOU VERY MUCH FOR YOUR TIME.
IF WE GET THE APPLICANT BACK UP, IS THERE ANY QUESTIONS FOR THE APPLICANT? MIN CHAKA APPROVED.
COMMISSIONER MENCHACA, KAPLAN AND THEN CRUZ.
I'M A LITTLE BIT CONCERNED ABOUT THE SQUARE FOOTAGE OF THE SIGN AND THERE WAS NOT AN ISSUE BEFORE US ON THE, SORRY.
THE WHOLE REASON WHY THIS WAS PULLED IN THE BEGINNING IS SO THAT, THAT, SO THE INFORMATION THAT COULD BE SENT OUT TO THE, WHAT WE WERE TOLD BACK IN, IN MARCH THAT THIS WAS PULLED FROM THE AGENDA.
BECAUSE NOW IT'S GONE OUT TO THE NEIGHBORING, NEIGHBORING CITY, UH, THE NEIGHBORS, WHATEVER IN THE, IN THE COMMUNITY THAT THAT'S NOT WHAT WE'RE REQUESTING.
SO THERE, WHAT Y'ALL HAD IT BEEN APPLIED WITH THE APPROVAL PROCESS, YOU KNOW, THEN, THEN, THEN IT'S BEEN FALSE REPRESENTED TO THE NEIGHBORS IN THE COMMUNITY.
SO WE, UH, THAT'S WHY WE HAD CHANGED IT ON MARCH 9TH.
I ALSO CALLED TODAY AND SAID, LOOK, I DON'T WANT THAT ON THE RECORD THAT THERE'S BEEN DENIAL.
I WAS TOLD BY STAFF, WAIT, WE CAN GO AHEAD AND PRESENT BECAUSE IT WOULD BE PRESENTED THAT THAT WHEN IT WAS APPROVED BASICALLY WAS PRESENTED IN ERROR.
'CAUSE WE HAD CHANGED THIS BACK ON MARCH 9TH.
AFTER, AFTER SPEAKING WITH THE, UH, WITH ARTURO, HE'S LIKE, THERE'S NO WAY WE'RE GONNA APPROVE IT.
THAT'S EXACTLY THE WAY I PRESENTED IT TO FIRST MARK CREDIT UNION.
THEY WERE JUST ON THE IMPRESSION AFTER CALLING IN, THEY SAID, HEY, WELL, WELL, YOU CAN GET A VARIANCE.
YOU CAN ALWAYS APPLY FOR A VARIANCE.
AND THEY BASICALLY, I'M TRYING TO EXPLAIN TO THEM, YOU CAN ONLY GET A VARIANCE IF THERE'S A HARDSHIP.
THE, THERE'S DEFINITELY A HEIGHT HARDSHIP ON THAT PIECE OF PROPERTY.
YOU HAVE A VIA BUS STOP RIGHT IN FRONT OF THE BANK THAT'S AT LEAST OVER 16 OR ABOUT 20 FEET TALL.
SO THERE'S DEFINITELY A HEIGHT, UH, HARDSHIP AND ARTURO AND THE, AND THE STAFF AGREED WITH THAT.
BUT NOW IT'S GONE OUT TO THE, TO THE, TO THE, TO THE, THE PUBLIC IF YOU WOULD, UNDER, UNDER THE PRETENSE THAT STAFF DENIES IT, WHERE THERE'S DEFINITELY A, A, A HEIGHT HARDSHIP.
THAT WAS THE REASON WHY THIS MORNING WHEN I, I, I CONTACTED STAFF ALL LAST WEEK IN ORDER TO DO THIS.
AND, AND I UNDERSTAND EMAILS GET LOST AND SO FORTH.
BUT, UH, AND I APPRECIATE STAFF WORKING HARD TODAY TO DO WHAT THEY DID.
BUT THIS IS NOT HOW IT WAS, WAS SUPPOSED TO BE PRESENTED.
I WAS UNDER THE IMPRESSION AND THAT WE WERE GONNA PRESENT THE REVISED CASE THAT DOES GO WITH ALL OF STAFF'S RECOMMENDATIONS.
UH, STAFF RECOMMENDED ARTURO SAID, LOOK, I DON'T THINK IT NEEDS TO GO 40 FEET.
I TOLD HIM THE EXACT SAME THING.
I SAID, I THINK WE COULD EVEN LIVE WITH 32 FEET.
HE GOES, I THINK YOU NEED TO GO TO 36 FEET WOULD HELP.
WE DID EVERYTHING THAT THE SIGNED DEPARTMENT ASKED US TO DO.
WE, UH, YOU'LL FIND WITH BUDGET SIGNS, WE'D NEVER COME TO THE BOARD UNLESS WE HAVE STAFF APPROVAL.
AND THAT'S EXACTLY WHAT WE TRIED TO DO ON THIS.
NOW WE'RE ON THE RECORD THAT WE HAVE A DENIAL AND WHICH WE ACTUALLY HAVE AN APPROVAL.
BUT IT WAS JUST KIND OF A, A FAUX PAUL AS FAR AS STAFF GOES ABOUT GETTING THE UPDATED STUFF DONE.
I'M NOT TRYING TO, YOU KNOW, THEY, THEY WORK HARD.
I UNDERSTAND HUMAN ERROR SOMETIMES HAPPEN.
[01:00:01]
I THINK A LOT OF IT HAS TO DO, AND NO KNOCK ON ROLL.HE CHANGED DEPARTMENTS RIGHT IN THE MIDDLE OF THIS.
SO I THINK IT JUST KIND OF, ONE OF THOSE THINGS GOT FILLED OUT.
SO SNE DID STAY FOR THE RECORD THAT A 36 FOOT HEIGHT, UM, VARIANCE WOULD BE WITHIN THEIR SCOPE OF APPROVAL.
BUT NOT THE, NOT NECESSARILY THE SIZE.
THE SQUARE FOOTAGE IS NOT CHANGING.
TO ANSWER YOUR PART, WE'RE EXACTLY WITHIN THE SQUARE FOOTAGE OF WHAT IS, WHAT IS ALLOWED ON FREDERICKSBURG ROAD.
THE, THE, ACCORDING TO THE AGENDA, IT SAYS IT'S 150 IS LIMITATED.
MY REVISED APPLICATION, MY REVISED APPLICATION WAS FOR STRICTLY A 12 FOOT VARIANCE IN HEIGHT AND UTILIZING 149 SQUARE FEET.
OH, YOU UNDERSTAND THAT? SO THEN, OKAY, SO COMMISSIONER KAPLAN.
OKAY, SO MY QUESTION IS, WHAT IS THE HARDSHIP HERE? WHY DO YOU NEED TO GO TO 36 FEET? YOU HAVE A, YOU HAVE A VISA BUS STOP BUILT RIGHT IN FRONT OF WHERE THE BUILDING AND THE SIGN IS GONNA GO.
THEY HAVE THAT, THEY'RE REALLY NICE STRUCTURES, BUT THEY ARE TALL AND HEIGHT.
IF YOU COULD SHOW THAT PICTURE AGAIN, THIS PICTURE PROBABLY DOESN'T REC SEE, SEE THIS BIG STRUCTURE RIGHT HERE? THIS WHITE, THE WHITE STRUCTURE.
SEE HOW TALL IT, IT, IT'S PROBABLY CLOSER TO 24 FEET TALL.
SO YOU CAN USE A POINTER IF YOU WANT TO.
SO, WELL, I'M NOT THE LASER'S SMARTER THAN I AM.
SEE THIS STRUCTURE RIGHT HERE? THIS IS YOU DRIVING DOWN THIS AND, AND THAT STRUCTURE.
I MEAN, I'M PRETTY GOOD AT HEIGHT.
I MEAN, IT'S AT LEAST 20 FOOT TALL.
AND THAT, THAT'S WHY WE NEEDED THE HEIGHT.
WE NEVER NEEDED THE SQUARE FOOTAGE.
I JUST WANTED TO DOUBLE CHECK ON THE SQUARE FOOTAGE, SO THAT OKAY.
SO JUST TO BE CLEAR THAT YOU, YOU'RE ASKING FOR A 36, UH, FOOT? A UM, A 12 FOOT VARIANCE.
TALL AND THEN, UH, NO SQUARE FOOTAGE.
WE'LL MEET ALL THE OTHER REQUIREMENTS.
ALRIGHT, UM, IS THERE ANY OTHER QUESTIONS? ALL RIGHT HERE.
NONE A MOTION, PLEASE TE MR. THI REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 0 0 1 0.
I MOVE TO THE BOARD OF ADJUSTMENT REQUESTS THAT ONE, A 12 FOOT VARIANCE FROM THE 24 FOOT SIGN HEIGHT MAXIMUM TO ALLOW A SIGN TO BE 36 FEET TALL AND NO, UH, SQUARE FOOTAGE, UM, NO SQUARE FOOTAGE VARIANCE REQUIRED, UH, FOR THE PRO, UH, SIGN LOCATED AT 3,200 FREDERICKSBURG ROAD.
APPLICANT BEING FIRST SMART CREDIT UNION, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE THE VARIANCES NECESS, EXCUSE ME, THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE.
CONSIDERING THE UNIQUE FEATURES OF THE SITE SUCH AS ITS DIMENSIONS, LANDSCAPING, OR TOPOGRAPHY, OR TO A DENIAL OF THE VARIANCE WOULD PROBABLY CAUSE A CESSATION OF LEGITIMATE, LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY.
THE PROPERTY CURRENTLY QUALIFIES FOR THE SIGN HEIGHT OF 24 FEET AND A HEIGHT HAS AND, AND NO MORE THAN 150 SQUARE FEET ON THIS PARTICULAR LOT, FRONTING THE ARTERIAL ROAD.
THE REQUEST TO MAINTAIN A HEIGHT AND SQUARE FOOTAGE DOES NOT APPEAR TO BE EXCESSIVE IN NATURE AND SEEMS LIKELY TO CAUSE A CESSATION OF COMMERCIAL USE OF THE PROPERTY.
THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH IN PARAGRAPHS, SUB PARAGRAPHS ONE AND TWO, THE BOARD FINDS THAT A GRANTING THE VARIANCE DOES NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHERS SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED.
THE REQUEST DOES NOT APPEAR TO BE OUT OF CHARACTER WITH THE SURROUNDING COMMERCIAL PROPERTIES AND THE PROPOSED SIGN DOES NOT APPEAR TO PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE AS THERE IS A VIA TRANSIT STATION IN FRONT OF THE SUBJECT PROPERTY.
B GRANTING THE VARIANCE WILL NOT HAVE SUBSTANTIALLY ADVERSE IMPACT ON THE NEIGHBORING PROPERTIES.
THE PROPOSED VARIANCE DOES NOT APPEAR TO HAVE THE ADVERSE IMPACT ON NEIGHBORING PROPERTIES AS MOST OF THE OTHER SIGNS ARE EXISTING.
C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSES OF THIS ARTICLE.
THE REQUESTED VARIANCE APPEARS TO BE SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THE CHAPTER.
A SIGN EXCEEDING THE 24 FOOT REQUIREMENT AND HEIGHT AND 150 SQUARE FEET REQUIREMENT DOES NOT APPEAR TO BE SUBSTANTIALLY CONFLICTED WITH THE STATED PURPOSE OF THIS ARTICLE.
UH, I COMMEND YOU GUYS FOR WORKING WITH THE CITY STAFF IN ORDER TO FIND SOMETHING THAT COULD GET APPROVED, SO BEST OF LUCK COMMISSIONER KAPLAN.
YEAH, I'LL BE IN SUPPORT OF THIS ALSO.
[01:05:01]
DON'T SEE ANY PROBLEMS WITH IT.ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE? UH, 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.
AGENDA ITEM NUMBER SIX IS FOR CASE BOA DASH 21 DASH 0 3 0 1 96.
THE SUBJECT PROPERTY IS LOCATED AT 56 0 6 SPRING SUNSHINE WITHIN COUNCIL DISTRICT 10.
THE APPLICANT IS JESUS BORMAN AND IS IT IS A REQUEST FOR A NINE FOOT 10 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW CARPORT TO BE TWO INCHES FROM THE FRONT PROPERTY LINE.
THE SUBJECT PROPERTY IS ZONED RMM FOUR RESIDENTIAL MIXED DISTRICT.
THE SUBJECT PROPERTY IS LOCATED ALONG SPRING SUNSHINE STREET AND HAS A SINGLE FAMILY RESIDENCE.
APPLICANT CONSTRUCTED AN ATTACHED CARPORT TO THE FRONT, THEN ENCROACHES INTO THE FRONT SETBACK REQUIREMENT.
LATE LAST YEAR, CODE ENFORCEMENT VISITED THE PROPERTY AND INSTRUCTED THE APPLICANT TO OBTAIN A PERMIT.
IT WAS DURING THE PERMITTING PROCESS THAT IT WAS DETERMINED THAT THE APPLICANT WOULD NEED TO APPLY FOR A VARIANCE UPON, UH, STAFF'S SITE VISIT.
STAFF OBSERVED THAT THE POST OF THE CARPORT WERE LOCATED IN THE RIGHT OF WAY.
SINCE THE INITIAL VISIT, THE HOMEOWNER HAS RELOCATED THE POST BACK ONTO HIS PROPERTY SO THAT THE CASE MAY BE HEARD BY THE BOARD.
THE SECOND SITE VISIT WAS COMPLETED TO CONFIRM THE RELOCATION OF THE POST, THE POST TO THE CARPORT, AND NOW TWO INCHES FROM THE FRONT PROPERTY LINE.
AND THIS IS THE SITE PLAN THAT WAS PROVIDED BY THE APPLICANT.
YOU CAN SEE THE CARPORT BEING CONSTRUCTED.
UM, THIS IS THE POST UM, MEASUREMENT FOR, FOR THE FRONT PROPERTY LINE, THE MEASUREMENT AGAIN, WHICH IS TWO INCHES, UM, LEFT SIDE OF THE POST AND THE SURROUNDING AREA REGARDING CASE BOA DASH 21 1 0 3 0 1 96.
STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE CARPORT WILL BE CONSTRUCTED.
TWO, THE ACCESSORY STRUCTURE WILL NOT NEGATIVELY AFFECT NEIGHBORING PROPERTIES.
AND THERE THREE, THERE'S A MINIMUM AMOUNT OF SPACE AVAILABLE TO COMPLY WITH THE FRONT SETBACK TO ALLOW THE USE OF A CARPORT.
FIVE WILL RETURN IN FAVOR, ZERO IN OPPOSITION.
THERE IS NO NEIGHBORHOOD ASSOCIATION REGISTERED FOR THIS AREA.
THIS CONCLUDES STAFF'S PRESENTATION.
STAFF IS AVAILABLE TO ANSWER ANY QUESTIONS AND THE APPLICANT IS PRESENT.
AND THIS IS DISTRICT 10, RIGHT? NOT EIGHT.
SO DID YOU, DO YOU HAVE THE MAP OF THE, YOU SAID THERE WAS FOUR, UH, FIVE APPROVALS OR FIVE IN FAVOR? CORRECT.
UM, WHERE THEY'RE LOCATED BY CHANCE.
HEY, WHILE YOU'RE WORKING ON THAT, CAN YOU, UM, MAKE THESE MONITORS SHOW WHAT'S UP THERE INSTEAD OF WHAT'S ON THE TABLE? UM, LIKE SHOW, I'M SORRY, WHAT YOU'RE PROJECTING ON THE TELEVISION AS AS OPPOSED TO WHAT'S ON THE TABLE.
OH, SO WE CAN JUST READ OFF THE ADDRESSES IF YOU WANT TO READ THE ADDRESSES, UM, YOU KNOW, WITH THE MAP UP WE CAN PROBABLY GET A VISUAL.
WE'RE GETTING THE ADDRESSES RIGHT NOW.
[01:10:11]
IS THERE ANYBODY SENT TO SPEAK OR OUTTA CURIOSITY OR ANY VOICEMAILS ON THIS ONE? OKAY.ALRIGHT, SO ALL OF THE RESPONSES THAT WERE RECEIVED WERE WITHIN 200 FEET.
UM, CAN, CAN YOU BACK, GO BACK UP SO I CAN READ THE ADDRESSES? SO THIS ONE IS FOR 1 5 0 5 5 SPRING MIST.
I'M TRYING TO READ THE ADDRESS.
THAT'S THEIR, UM, PHYSICAL ADDRESS.
HOWEVER THEIR MAILING ADDRESS WAS WITHIN THE 200 FEET AS WELL.
IS THAT THE LAST ONE? ONE MORE.
AND THEN THE LAST ONE IS 56 0 7.
SPRING SUNSHINE, LIKE I MENTIONED, ALL WITHIN 200 FEET.
SIR, IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
YOU CAN BEGIN YOUR PRESENTATION.
UH, MY NAME, UH, UH, YOU JUST HAVE TO HIT IT ONCE.
I THINK YOU SHOULD STAY ON 56.
SO CAN YOU HEAR ME? YES, WE CAN.
YEAH, I RESIDE 56 0 6 SPRING SUNSHINE.
UH, MY NAME IS JESUS BOON AND, UH, I JUST, UH, WANTED TO, UH, PRESENT, YOU KNOW, THAT OF COURSE THE, THE, UH, UM, THE NEIGHBORHOOD OF COURSE ON THE, UH, BOUNDARY, ON THE NOTIFICATIONS, YOU KNOW, UH, I DID GET, UH, UH, SIGNATURES AROUND THAT BOUNDARY AND, UH, WHICH WERE MORE THAN OF COURSE, THE, UH, I APPRECIATE THE FIVE THAT I RECEIVED, YOU KNOW, IN THE MAIL.
UH, OR THEY WERE SENT PLUS, UH, THREE MORE, YOU KNOW, THAT I WAS HANDED TO BY THE NEIGHBORS, YOU KNOW, BECAUSE OF THE, UH, SECOND NOTIFICATION BECAUSE OF THE, UH, UH, I GUESS THE REASON THAT WE, UH, GOT CANCELED, YOU KNOW, ON, ON MARCH 7TH.
AND, UH, THEY BROUGHT ME OVER THREE, UH, THREE MORE, UH, NOTIFICATIONS APPROVING, YOU KNOW, OR AGREEING, YOU KNOW, WITH, UH, IN FAVOR.
UH, AND OF COURSE, UH, I WENT AHEAD AND I SHOULD HAVE MAYBE, UH, GAVE THEM, UH, BUT ALL THOSE, UH, ALL THOSE BLACK DOTS ARE THE, UH, PEOPLE THAT I WENT AHEAD AND GOT SIGNATURES ON.
AND OF COURSE I HAVE, UH, THE SIGNATURES, UH, IN MY HAND, YOU KNOW, THAT, UH, WERE ALMOST EVERYBODY IN FAVOR OF.
SO, UH, I JUST, UH, IT'S BEEN A WHILE AND, UH, IT'S BEEN NERVE WRACKING FOR ME, YOU KNOW, JUST TO GET THIS THING GOING AND, AND, UH, WENT AHEAD AND, UH, PURCHASED, UH, YOU KNOW, THE TRUCK AND ALL THAT I ALWAYS WANTED.
AND OF COURSE, YOU KNOW, I'D LIKE TO KIND OF KEEP, YOU KNOW, EVERYTHING, YOU KNOW, OF COURSE BECAUSE OF THE WEATHER.
AND, UH, SO, UH, WHAT WE DID, OF COURSE WE MOVED, YOU KNOW, THAT, UH, IT, IT TOOK, YOU KNOW, A LITTLE BIT OF, YOU KNOW, TIME, BUT, UH, IT WAS MOVED BACK, YOU KNOW, A FULL FOOT, YOU KNOW, FROM WHERE IT WAS.
AND, UH, UM, UH, THE FRAME WAS CUT, YOU KNOW, 12 FEET, UH, 12 INCHES TOO, AND OF COURSE PUSHED BACK, WELDED BACK TOGETHER.
AND, UH, IT'S WHERE IT'S SUPPOSED TO BE THEN.
SO, UM, PRETTY MUCH, YOU KNOW, UH, HOPEFULLY, YOU KNOW, WITHIN, YOU KNOW, THE CODE, SO.
UH, I JUST HAVE, UH, I'M GONNA ASK A QUICK QUESTION BEFORE I OPEN THIS UP.
UH, SO YOU'RE PUTTING IN A, YOU, WE ARE CONCERNED THAT IT WASN'T GONNA BLOCK A, A TRAFFIC OR PEOPLE'S LINES OF SIGHT, UH, FROM ONE OF THE, UH, PEOPLE WHO WROTE IN, UH, YOU'RE NOT PUTTING ANY, YOU'RE NOT DROPPING ANY OF THE SIDEWALLS DOWN, YOU'RE JUST SIMPLY PUTTING A ROOF OVER IT, RIGHT? ALRIGHT.
AND THEN OF COURSE I'LL BE PUTTING, YOU KNOW, THE, UH, GUTTER, YOU KNOW, IN THE FRONT AND ON THE SIDE, YOU KNOW, UH, NEXT TO THE DRIVEWAY, YOU KNOW, NEXT TO THE, UH, NEIGHBOR NEXT TO ME.
SO, SO ARE YOU, DO YOU HEREBY AMEND YOUR APPLICATION TO INCLUDE GUTTERS TO, I'M SORRY TO INCLUDE GUTTERS? YES.
IS THERE ANY QUESTIONS, COMMISSIONER Z? YEAH.
SO UNDER, I UNDERSTAND, RIGHT, UH, YOU STARTED THE WORK WITHOUT PERMITS, RIGHT? UM, IS THERE ANY INTENDED ELECTRICAL, LIKE LIGHTS OR ANYTHING THAT YOU INTEND TO PUT IN THE GARAGE? UH, NO SIR.
NO, NO LIGHTS, SO NO ELECTRICAL PERMITTING OR NECESSARY? NO.
[01:15:01]
GUESS YOU WOULD HAVE TO GET PERMITS THEN FOR THE WORK THAT YOU'VE COMPLETED SO FAR, RIGHT? YES, YES.ANY OTHER COMMISSIONER QUESTIONS? MS. CHAKA? OKAY.
I DON'T KNOW WHO ASKED THAT FIRST.
IN LOOKING AT THE PICTURE THAT YOU PROVIDED, IT'S ON PAGE THREE, I BELIEVE, OF THE MM-HMM.
ANYWAY, THE, UH, THE FRONT FACADE OF THE HOUSE THAT SHOWS THE, THE CARPORT UNDER CONSTRUCTION.
UM, IT LOOKS TO ME LIKE THE CARPORT GOES ALL THE WAY ACROSS YOUR ENTIRE YARD AND IS ACTUALLY THE WIDTH OF THE HOUSE, NOT JUST THE WIDTH OF THE DRIVEWAY.
UH, WILL THERE BE ADDITIONAL PARKING IN FRONT OF THE HOUSE OR AM I JUST SEEING IT WRONG? UH, YES, THERE'LL BE ADDITIONAL PARKING RIGHT THERE IN, IN FRONT OF THE HOUSE.
UH, BUT, UH, UH, TWO VEHICLES WILL BE UNDERNEATH THAT CARPORT PLUS, YOU KNOW, UH, THE, UH, ON THE CURB.
BUT, UH, I THINK, I DON'T KNOW IF THAT'S WHAT YOU'RE MEANING, YOU KNOW, WELL, NO, IT LOOKS LIKE THE CARPORT GOES OVER YOUR LAWN.
STEPH, CAN YOU BRING UP THE GOOGLE STREET VIEW? IT HAS A GREAT SHOT OF THAT, THAT ANGLE, AS THEY BRING THAT UP, UM, FROM THIS ANGLE, IT DOES PORTRAY IT LIKE THAT, BUT THE CARPORT ISN'T COVERING OR ISN'T THE WIDTH OF THE HOUSE.
IT IS SLIGHTLY LARGER THAN THE EXISTING DRIVEWAY THAT'S THERE.
THIS, THIS HOME HAS A, A, A, UH, A SINGLE CAR GARAGE AND THERE IS A PAVEMENT.
THE DRIVEWAY HAS BEEN WIDENED TO INCLUDE FOR TWO CARS, UH, AND HE IS INTENDING TO COVER BOTH, RIGHT? YEAH, I CAN SEE THAT FROM THE, THE ILLUSTRATION, IT JUST LOOKS AWFULLY WIDE AND THERE'S NO OTHER CARPORTS THAT I CAN SEE ON THE ENTIRE STREET, LEFT SIDE OR RIGHT SIDE.
SO IT'S JUST KIND OF LIKE A, A NEW FEATURE TO THE NEIGHBORHOOD HERE.
UH, MOST OF 'EM ARE, UH, UH, AND SOME, YOU KNOW, PRETTY MUCH, YOU KNOW, JUST LIKE MINE, YOU KNOW, SOME OF THESE HOUSES ARE ALMOST, ALMOST, YOU KNOW, IT'S THE SAME MODEL, YOU KNOW, UM, UH, JUST, UH, MAYBE SPREAD OUT OR WHATEVER.
ANY OTHER QUESTIONS? MINKA, COMMISSIONER MINKA? UH, JUST ONE FOR CLARIFICATION.
UH, HE SAID THAT AND THE PRESENTATION THAT THE FRONT POSTS WERE MOVED BACK, SO THIS, UH, WHAT IT SHOWS IS TWO INCHES IS A SETBACK THAT IS CORRECT.
YEAH, IT'S, IT LOOKS LIKE YOUR POSTS ARE NOW BEHIND YOUR EXPANSION JOINT LINE ON YOUR CONCRETE AP.
AND SO IT LOOKS LIKE THESE DO REFLECT THEM BEING MOVED ALREADY.
I WOULD JUST WANNA CLARIFY THE TIMING OF WHAT HE DID AND WHAT'S ON THE PAPER.
WE, WE RARELY SEE PICTURES THIS CURRENT, I THINK, ON GOOGLE WORK.
ANY OTHER QUESTIONS? COMMISSIONER CRUZ? UM, I'VE JUST GOT ONE QUESTION, AND MAYBE IT'S THE, THE WAY THE PICTURE IS, IS THIS GONNA BE ATTACHED TO THE HOME OR IT'S SEPARATE FROM THE HOME? UH, IT'S SEPARATE.
IT JUST LOOKS LIKE IT'S ATTACHED TO THE HOME.
ANY OTHER QUESTIONS? HEARING NONE.
UH, IF, IS THERE ANYTHING YOU'D LIKE TO ADD BEFORE WE, UH, ASK FOR BEFORE I ASK FOR A MOTION? UH, NO.
JUST, UH, YOU KNOW, JUST LIKE TO, YOU KNOW, UH, LET 'EM KNOW, YOU KNOW, LET YOU KNOW, YOU KNOW, THAT, UH, EVERYTHING IS, YOU KNOW, UH, TOOK A LITTLE WHILE TO PUT IT BACK, YOU KNOW, BUT THE DIGGING, YOU KNOW, AND THE BREAKING THE CEMENT AGAIN AND JUST, YOU KNOW, RE UH, SETTING IT AGAIN, YOU KNOW.
SO, UH, UH, THAT'S ABOUT, THAT'S ALL I HAVE TO SAY.
O ZUNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BOA DASH 21 6.
UM, OH, AS WE READ THE, READ THE MOTION REGARDING CASE NUMBER BOA DASH 21 DASH 0 3 0 1 96, I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT TO REQUEST FOR A NINE FOOT 10 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE TWO INCHES, EXCUSE ME, FROM THE FRONT SETBACK SITUATED AT 5 6 0 6 SPRING SUNSHINE, APPLICANT BEING, UH, JESUS, UH, BOON 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 CODE AS AMENDED WOULD RESULT IN A NECESSARY HARDSHIP.
I WOULD LIKE TO ADD THAT THE APPLICANT ALSO AMENDED HIS A APPLICATION TO INCLUDE, UH, THE, UH, RAIN GUTTERS ON EITHER RAIN GUTTERS ON THE, ON THE ROOF TO COLLECT THE RAINFALL FROM THE PROPERTY.
[01:20:01]
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
THE REQUEST IS TO ALLOW CARPORT FEET TO BE TWO INCHES FROM THE FRONT PROPERTY BLIND, WHICH IS NOT CONTRARY TO THE PUBLIC INTERESTS OF THE APPLICANT HAS ADEQUATE SPACE FROM THE ADJACENT STRUCTURES ON THE CITY RIGHT OF WAY.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN A UNNECESSARY HARDSHIP BY OPPOSING A LITERAL ENFORCEMENT, THE OWNER WOULD BE, WOULD NOT BE ABLE TO BUILD A CARPORT AS THERE IS NOT ENOUGH SPACE TO PROTECT HIS VEHICLE VEHICLES, AND ABIDE BY THE SETBACKS THE APPLICANT HAS ALREADY HAD TO MOVE THE POST ONCE AND IS UNABLE TO FINANCIALLY MOVE THEM AGAIN.
THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE INTENT OF THE FRONT SETBACK IS NOT TO IMPEDE THE RIGHT OF WAY, WHICH, UH, WHICH MOVING OF THE POST HAS MET THAT REQUIREMENT.
THERE ARE SUFFICIENT SPACE BETWEEN THE CARPORT STRUCTURE AND NAME BRICK PROPERTIES, WHICH THERE IS NO ISSUE OF WATER RUNOFF AND NO FIRE SAFETY ISSUES, WHICH IS OBSERVED.
AND AGAIN, I'LL STATE THAT THE APPLICANT WILL BE INCLUDING GUTTERS AS PART OF, OF HIS, UH, APPLICATION, UH, SUBMITTAL FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OF THE NOSES SPECIFICALLY AUTHORIZED FOR THE DISTRICT, WHICH THE PROPERTY FOR ITS THE VARIANCE OF SALT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE.
OTHER, THE NOSES SPECIFICALLY AUTHORIZED BY THE DISTRICT BY ITS EXPERIENCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH THE PROPERTY'S LOCATED.
THE REQUEST FOR A CARPORT TO BE TWO INCHES AWAY FROM THE FRONT PROPERTY LINE WILL ONLY ENHANCE THE PROPERTY VALUE OF THE RESIDENTIAL STRUCTURE.
THE CARPORT LIKELY WILL NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES NOR NEGATIVELY AFFECT THE NEIGHBORING PROPERTIES.
DOES NOT SEEM TO LIKELY ALTER THE ESSENTIAL CARE OF THE DISTRICT.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS.
THE DISTRICT, WHICH THE PROPERTY LOCATED, THE BOARD FINDS THAT THE APPLY TO THE PROPERTY OWNER IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND THAT THE SMALLER LOT SIZES ARE SIMILAR IN THE AREA AND DO NOT PROVIDE ENOUGH ROOM TO ABIDE BY THE SETBACKS.
INSTALL A CARPORT TO PROTECT ITS VEHICLES AND A MOTION.
SECOND, SECOND, I'M GONNA GIVE IT TO COMMISSIONER KAPLAN.
SO COMMISSIONER ZUNA, RIGHT? SO I'M GONNA BE IN SUPPORT OF THE MOTION.
UH, THE APPLICANT, UH, BROUGHT, UH, HIS, UH, UH, POLLING OF HIS NEIGHBORS AND I, I DON'T THINK I'VE EVER SEEN
HE DID A REALLY GOOD JOB OF GETTING THE, UH, SUPPORT OF YOUR NEIGHBORS FOR THE, FOR THE PROJECT.
UH, ALSO NOTED THAT HE IS, YOU KNOW, HE MOVED THE, THE STEPS BACK, UH, TO, UH, BE WITHIN THAT THE FRONT SET SET, SET FRONT SETBACK.
UH, IT'LL BE AN OPEN STRUCTURE SO THERE'S NO VISIBILITY ISSUES.
AND, UH, LASTLY, HE'LL BE, UH, GOING THROUGH THE CITY PERMITTING PROCESS TO GET THE PERMITS AS REQUIRED BY THE, UH, BY THE CITY.
SO I'M SUPPORT OF THE, OF THE MOTION AS READ.
ALL RIGHT, COMMISSIONER KAPLAN? YES.
WHILE I AM NOT HAPPY THAT HE STARTED THE WORK WITHOUT THE PERMIT, I WILL BE IN FAVOR OF THIS, THIS, UH, VARIANCE BECAUSE, UH, QUALITY OF THE MATERIALS AND THE FACT THAT THE NEIGHBORS ARE ALL IN FAVOR OF IT.
ALL RIGHT, ANYONE ELSE? HEARING NOW? STAFF, PLEASE TAKE A ROLL CALL.
MR. MANO, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT.
UH, GOOD LUCK WITH YOUR PROJECT.
I'M PLANNING HERE WITH THE DEVELOPMENT SERVICES.
UH, ITEM NUMBER SEVEN, UH, BO O A 22 1 0 3 0 0 0 1 3.
I'M LOCATED AT 1 2 4 3 2 4 6 IRVINGTON DRIVE.
I'M LOCATED DISTRICT COUNSEL, DISTRICT 10.
APPLICANT BEING BE IMPROVED MORE.
A REQUEST FOR A SPECIAL, A TWO FOOT SPECIAL EXEMPTION FROM THE MID MAXIMUM SIX FOOT FENCE HEIGHT REQUIREMENT TO ALLOW AN EIGHT FOOT SOLID SCREEN FENCE ALONG THE SIDE AND REAR PROPERTY LINES.
UM, CURRENT ZONING IS RESIDENTIAL SINGLE FAMILY.
THE SUBJECT PROPERTY IS LOCATED ON TON DRIVE.
THE APPLICANT'S PROPOSED TO CONSTRUCT THE EIGHT FOOT FENCE.
THE SUBJECT PROPERTY IS A CORNER LOT WITH AN ADJACENT ROAD BEING CHEVY CHASE DRIVE.
UPON SITE VISIT, STAFF OBSERVED HIGHER TRAFFIC TO THE SIDE OF THE SUBJECT PROPERTY WHERE IT ABUTS CHEVY CHASE DRIVE.
STAFF ALSO NOTED A SIMILAR FENCE IN THE AREA.
THERE'S JUST CURRENT SITE PLAN, SUBJECT PROPERTY DEFENSE ITSELF, SITE SURROUNDING VIEWS.
UM, STAFF RECOMMENDS APPROVAL AND BO O A 22 1 0 1 0 3 0 0 0 1 3 BASED ON THE, ON THE FOLLOWING FINDINGS OF FACTS, THE SIDE AND REAR FENCE WILL BE EIGHT FEET AND DOES
[01:25:01]
NOT APPEAR TO ALTER ESSENTIAL CHARACTER OF THE DISTRICT.AND THE SIDE FENCE WILL PROMOTE IT, SENSE SECURITY TO THE PROPERTY, ESPECIALLY ALONG A BUSY LOCAL ROAD SUCH AS CHEVY'S, CHASE, DRIVE, UH, NOTIFICATION PLAN AS OF UPDATED TO BE TWO IN FAVOR, 25 NOTICE AND OUT TWO FAVOR DUE OPPOSITION AND FROM OT HEIGHTS ASSOCIATION.
AND THE APPLICANT SHOULD BE PRESENT.
UH, BEFORE YOU HAVE A CLARIFICATION QUESTION, UH, CHEVY CHASE DRIVES AN 80 FOOT RIGHT OF WAY.
UH, DOES THAT, DOES HE HAVE, UH, BY RIGHT THE ABILITY TO PUT AN EIGHT FOOT FENCE ON THAT SIDE? NO, NO, I DON'T THINK SO.
THE CODE WILL ALLOW AN EIGHT FOOT FENCE ALONG ANYTHING OTHER THAN A LOCAL, UM, OUR LIST.
'CAUSE 80 FOOT RIGHT OF WAY IS PRETTY ABOVE, WELL, 10 FEET ABOVE THE COLLECTOR MINIMUM.
IT IS DEFINED AS A LOCAL YEAH.
ALRIGHT, I JUST WANTED TO PUT THAT OUT THERE.
UH, IF ANY APPLICANT PRESENT, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND BEGIN YOUR PRESENTATION.
UM, I ASKED FOR THIS, UH, VARIANCE, UH, FOR TWO REASONS.
ONE IN 1976 WHEN I MOVED IN THAT HOUSE, IT DIDN'T HAVE THE TRAFFIC FLOW THAT WE HAVE TODAY.
AND OVER THE YEARS, THE EX EX, UH, AUSTIN HIGHWAY HAS EXPANDED ITSELF QUITE A BIT.
NOW WE HAVE WALMART, KROGER, AND NOT KROGER, BUT KMART AND OTHER BIG BUSINESSES.
AND BECAUSE CHEVY CHASE IS SUCH A WIDE STREET AND THERE'S VERY LITTLE OVERHANG AT ALL AND THERE'S NO SPEED BUMPS, IT BECOMES A REGULAR THOROUGHFARE FOR ALL THESE OVERSIZED VEHICLES TO ACCESS AUSTIN HIGHWAY IN SOME OF THE, UH, UH, LARGER BUSINESSES THAT ARE OUT THERE.
UM, ALSO, UH, HAVING A LITTLE BIT LARGER FENCE WILL ALLOW US A LITTLE BIT MORE PRIVACY, UH, FROM ALL THE TRAFFIC THAT GOES BY THERE.
WE HAVE SOME ISSUES WHERE WE HAVE PEOPLE DRIVING DOWN OUR ALLEYS, UM, IN ADDITION TO, UH, VEHICLES THAT SHOULD BE THERE.
WE HAVE VEHICLES THAT ARE NOT THERE, AND THEY, ACCORDING TO THE POLICE THAT WE'VE HAD MEETINGS WITH THAT PART OF OUR SECURITY IS TO TRY AND NOT LEAVE THINGS IN YOUR BACKYARD THAT PEOPLE WOULD BE IN INTERESTED IN BECAUSE THEY CAN COME DOWN THESE ALLEYS, HOP THE FENCE, GRAB WHAT THEY NEED AND TAKE OFF.
SO HAVING A LITTLE BIT LARGER FENCE WOULD ADD A LITTLE BIT MORE SECURITY TO THE HOUSE AS WELL.
WE'RE GONNA SEE IF WE HAVE ANY QUESTIONS AND IF THERE'S ANYONE SIGNED UP TO SPEAK.
IS THERE ANY, ANY VOICEMAILS ANYONE SIGNED UP TO SPEAK? NONE FOR THIS CASE.
SO IF THERE ARE ANY COMMISSIONER QUESTIONS FOR THIS APPLICANT, CRUZ, COMMISSIONER CRUZ.
UM, THE, MY ONLY CONCERN WOULD BE IS SINCE IT'S GONNA BE AN EIGHT FOOT FENCE ON CHEVY CHASE, AND DEPENDING ON WHERE THE STOP SIGN IS, WAS THERE A TRAFFIC, UH, METER DONE OR TRAFFIC CONTROL? THERE WERE NO CLEAR VISION ISSUES FOR THIS REQUEST.
SO THERE'LL BE NO PROBLEMS ON CHEVY CHASE OR ON THE SIDE STREET, BECAUSE THAT'S WHERE THE STOP SIGN IS, CORRECT? CORRECT.
ANY OTHER QUESTIONS? UH, I, I JUST HAVE A, I HAVE A QUICK QUESTION.
IS IT, DOES YOUR NEIGHBOR HAVE A POOL? DOES OKAY.
I'M JUST LOOKING AT AN AERIAL.
I DIDN'T KNOW WHAT THAT WAS BACK THERE.
AND THEN, UM, YOUR GARAGE IS DETACHED WITH ACCESS ONTO CHEVY CHASE? THAT'S CORRECT.
ANY OTHER QUESTIONS? BRAGMAN COMMISSIONER BRAGMAN, UM, FROM THE DRAWING THAT YOU SUBMITTED, THE, UH, HIGHLIGHT WHERE IT SHOWS THE FENCE PLAN, UM, ARE YOU REQUESTING ALSO FOR EIGHT FOOT IN FRONT, IN THE FRONT YARD OR JUST THE SIDE AND REAR? UH, JUST, JUST THE SIDES OF THE PROPERTY.
IT HAS TO BE, I, I JUST WANNA MAKE SURE, BECAUSE THE WAY IT'S HIGHLIGHTED, THE WAY IT'S HIGHLIGHTED, IT LOOKS LIKE, SEE WHAT I'M SAYING? YEAH, WELL, I, I DID THE BEST I COULD WITH WHAT I KNEW.
I APOLOGIZE THAT I JUST APOLOGIZE.
IT'S JUST SIDE AND SIDES IN REAR.
ANY OTHER QUESTIONS? HEARING NONE IS THERE, UH, YOU CAN TAKE A SEAT.
UNLESS YOU WANT TO, UH, ADD ANYTHING BEFORE WE MAKE A MOTION? NO, I'VE TAKEN UP ENOUGH TIME.
UM, LOOKING FOR A MOTION TEAL COMMISSIONER TEAL, REGARDING CASE NUMBER BOA DASH 2 22 DASH 0 3 0 1 3.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE REQUEST FOR TWO FOOT SPECIAL EXCEPTION FROM A MAXIMUM SIX FOOT FENCE HEIGHT REQUIREMENT TO ALLOW AN EIGHT FOOT SOLID SCREEN FENCE ALONG THE SIDE AND REAR PROPERTY LINE SITUATED AT 2 4 6 IRVINGTON DRIVE, APPLICANT BEING BRUCE MOORE.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIPS.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT OF THE PURPOSE
[01:30:01]
OF THE CHAPTER, THE ADDITIONAL FENCE HEIGHT AS PROPOSED WOULD AND WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE.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, THE FENCE WILL STILL SERVE THE PUBLIC WELFARE AND CONVENIENCE.
C, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE FENCE WILL CREATE AN ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY AND IS, IS UNLIKELY TO SUBSTANTIALLY INJURE THE NEIGHBORING PROPERTIES.
UM, C HERE 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 HEIGHT FOR THE SIDE AND REAR YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE CURRENT ZONING PER PERMITS, THE CURRENT USE OF A SINGLE FAMILY HOME, THE REQUESTED SPECIAL EXCEPTION, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT.
UH, I'LL BE IN SUPPORT OF THIS.
UH, CHEVY CHASE IS AN EXTREMELY BUSY ROAD AND ANY, ANY RESPITE FROM EVEN THE NOISE WOULD
UH, WITH THAT SAP, PLEASE TAKE A ROLL CALL.
YES, I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT.
IF YOU GET WITH STAFF, YOU HAVE ANY QUESTIONS? OKAY, WE'RE GONNA TAKE A SIX, SEVEN MINUTE BREAK.
UM, ITEM NUMBER EIGHT, UM, BEING B O A 22 1 0 3 0 0 0 2 0 LOCATED AT 9 2 0 3 TIFTON DRIVE IN COUNCIL DISTRICT SEVEN, A REQUEST FOR A NINE INCH SPECIAL EXEMPTION FROM A MAXIMUM SIX FEET FENCE HEIGHT REQUIREMENT TO ALLOW A SIX FOOT NINE INCH SOLID SCREEN FENCE ALONG THE SIDE PROPERTY LINE TO A FOUR FOOT FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE TO BE ONE INCH, ONE FEET EIGHT INCH FROM THE REAR PROPERTY LINE APPLICANT BEING JOE WILSON AND ZONING BEING RESIDENTIAL SINGLE FAMILY.
THIS IS A REQUEST FOR A NINE INCH SPECIAL EXEMPT JUST FROM THE MAXIMUM SIX FOOT FENCE HEIGHT REQUIREMENT TO ALLOW SIX FEET NINE INCHES ON THE STREET FENCE ALONG THE SIDE PROPERTY LINE AND TWO, A FOUR FOOT FOUR INCH VARIANCE IN THE MINIMUM FIVE FOOT REAR SETBACK TO ALLOW ACCESSORY STRUCTURE FROM BEING ONE FOOT EIGHT INCH FROM THE REAR PROPERTY LINE.
UM, THAT IS THE CURRENT SITE PLAN.
THE SUBJECT PROPERTY ITSELF, THE SIDE OF THE FENCE, THE DIPPING THE FENCE NOTED THE PICTURE, THE MEASUREMENT, THE REAR DETACHED STRUCTURE MEASUREMENT SURROUNDING VIEWS.
UH, STAFF RECOMMENDS APPROVAL IN BO A 22 1 0 3 0 0 2 0 BASED ON THE FOLLOWING FINDINGS AND FACTS.
ONLY A PORTION OF THE SIDE FENCE IS SIX FEET NINE INCHES TALL AND DOES NOT APPEAR TO ALTER THE CENTRAL CHARACTER OF DISTRICT.
AND THERE ARE UNIQUE CIRCUMSTANCES ON EXISTING AUTO PROPERTIES, SUCH AS THE FACT IS THAT THE PROPERTY IS SLIGHTLY ELEVATED FROM THE STREET LEVEL.
UH, STAFF RECOMMENDS APPROVAL AND BO O A 2 2 1 0 3 0 0 0 0 2 BASED ON THE FOLLOWING.
FINAL FACT FOR THE REAR SETBACK VARIANCE, THUS STRUCTURE WAS EXIST, WAS EXISTING AND IS ONE FEET EIGHT INCHES FROM THE REAR PROPERTY LINE.
AND WATER RUNOFF FROM THE STRUCTURE APPEARS TO FALL ONTO THE SUBJECT PROPERTY ITSELF AND THE ACCESSORY STRUCTURE WILL NOT NEGATIVELY AFFECT NEIGHBORING PROPERTIES.
UM, THE NOTIFICATION PLAN, THERE WERE 34, UH, NOTICES MAILED, UH, 25 IN FAVOR WITHIN 200 FEET, UH, ZERO OPPOSITION AND NO ANIMAL.
THERE WAS NO RESPONSE FROM THE ANIMAL FARM SAYS HOMEOWNERS ASSOCIATION AND THE APPLICANT IS PRESENT.
BEFORE YOU GO, UH, IF I'M IN THE STREET LOOKING AT THE GARAGE, I SEE THAT YOU APPARENTLY HAVE A SIX FOOT FENCE, BUT THEN THE SITE DROPS A LOT.
IS, IS THERE ANY OF THE TWO MAINTAINING A TWO FOOT ELEVATION CHANGE THAT COMES INTO PLAY ON THIS THAT CHANGES THE HEIGHT HE'S ASKING FOR? HMM.
YOU KNOW WHAT I'M GETTING AT TRYING TO FIGURE THAT OUT.
DID YOU SAY TWO FOOT ELEVATION CHANGE? TWO? WELL, NO.
YOU KNOW HOW IF YOU, IF YOU PUT UP A SIX FOOT FENCE AND THEN YOUR, UH, YOUR YARD STARTS ADJUSTING GRADE, YOU CAN MAINTAIN THE HEIGHT OF THE FENCE AS LONG AS THERE'S NOT A TWO FOOT DEVIATION.
OKAY, SO I'M LOOKING AT A, A STREET VIEW SHOT, UM, LOOKING RIGHT UP HIS DRIVEWAY, AND IT APPEARS
[01:35:01]
THAT THERE'S A PRETTY GOOD GRAY DROP THAT COMES FROM THE SIDE OF LEAVING THE SIDE OF HIS HOME AND THEN EXTENDING DOWN THE SIDE.DOES THAT TWO FOOT DEVIATION CARRY AROUND, UH, THE CORNER FROM THE FRONT TO THE, TO THE SIDE? LIKE SEE RIGHT THERE? SO RIGHT WHERE IT'S ABUTTING THE HOUSE, YOU CAN SEE WHERE IT COMES OUT AND HE'S MAINTAINING THAT THAT CONSTANT ELEVATION HEIGHT.
DOES THAT, HOW DOES THAT PLAY IN WITH THE CITY'S, UH, TWO FOOT ALLOWANCE? I'M JUST WONDERING IF THAT DEVIATION CAN CARRY AS YOU TURN THE CORNER AND GO DOWN THE SIDE.
SO I MEAN, AGAIN, IF SOMEBODY WANTED TO USE THAT, WE WOULD NEED CONTOUR LINES TO, TO SHOW THAT INDICATION IN ORDER FOR IT TO PROCEED AND JUST PULL A PERMIT.
UH, WHAT THEY'RE SHOWING IS, UM, A RETAINING WALL THAT HOLDS, UM, UH, SOMETHING BEHIND IT AND THEN A, UH, FENCE.
BUT SO AN APPLICANT JUST CAN MAKE IT SIMPLE AND GO TO THE BOARD WITH THIS TO MAKE SURE THAT THEY CAN GET THE CONSISTENT FENCE SIDE ACROSS.
IS, IS THE APPLICANT PRESENT? MY HUSBAND TAKES ME.
YOU'RE BOTH WELCOME TO TALK IF YOU WANT TO.
IF YOU COULD JUST PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
I'M A LITTLE NERVOUS, SO
THIS IS MY HUSBAND, JOE WILSON.
AND WE'RE HERE REPRESENTING OUR PROPERTY AT 92 0 3 TIFTON.
WE HAVE LIVED IN OUR HOME FOR 34 YEARS, AND IN THAT TIME WE HAVE HAD TO REPLACE OUR FENCE THREE TIMES DUE TO RAINS AND EROSION FROM OUR SLOPING LANDSCAPE.
THIS WAS A BIG SECURITY ISSUE FOR US BECAUSE THE FENCE WAS LEANING SO FAR TOWARDS THE GROUND THAT ANYONE COULD HAVE CLIMBED OVER INTO OUR BACKYARD.
OUR MAILBOXES ARE LOCATED RIGHT NEXT TO OUR FENCE AND HAVE BEEN BROKEN INTO BEFORE, AND WE'VE ALSO SEEN CARS JUST IDLING THERE FOR PERIODS OF TIME.
WE WERE ALSO CONCERNED THAT THIS COULD BE A SAFETY HAZARD TO FAMILIES WHO TAKE THEIR DAILY WALKS AND NEIGHBORS WHO CHECK THEIR DAILY MAIL.
LIKE I SAID, OUR MAILBOXES ARE LOCATED RIGHT NEXT TO OUR FENCE.
UM, SO WHEN WE HIRED A CONTRACTOR, WE WERE ADVISED TO BUILD A BARRIER OF SOME KIND TO STOP THE EROSION DUE TO THE WAY OUR YARD SLOPES DOWN AND CAUSES ALL THAT WATER RUNOFF, UH, TOWARDS OUR FENCE.
WE WENT ON THE RECOMMENDATION OF A PROFESSIONAL CONTRACTOR AND NEVER ONCE DID HE TELL US THAT WE WOULD NEED A PERMIT OR BE IN VIOLATION IN ANY WAY.
WE'RE NOT FENCE BUILDERS AND WE HIRED THEM AS PROFESSIONALS.
UM, WE HAD THIS FENCE BUILT FOR THE STRUCTURAL SOUNDNESS OF OUR PROPERTY AND ALSO FOR THE SECURITY OF KNOWING THAT THIS WOULD BE THE LAST FENCE THAT WE WOULD HAVE TO BUILD.
THIS FENCE HAS BEEN UP FOR OVER THREE YEARS.
AND WHY NOW ALL OF A SUDDEN WOULD ANYONE HAVE A COMPLAINT ABOUT OUR FENCE? UH, WHAT WE DON'T KNOW WHAT PROBLEM IT WOULD BE CAUSING THEM.
IT'S NOT OBSTRUCTING ANYONE'S VIEW OR ANY SORT OF BEAUTIFUL GREEN BELT.
IN FACT, WE'VE HAD SO MANY OF OUR NEIGHBORS TELL US THAT THEY LOVE OUR FENCE AND THAT IT ADDS BEAUTY AND VALUE TO THE NEIGHBORHOOD.
IF YOU, UH, REFERENCE EXHIBIT A, THERE ARE 22 SIGNATURES FROM OUR NEIGHBORS THAT ARE IN FAVOR OF OUR FENCE THAT ARE IN THE SURROUNDING AREA THAT RECEIVED Y'ALL'S LETTER.
WE WERE ALSO TOLD BY SEVERAL NEIGHBORS THAT THEY WERE GOING TO LEAVE A RECORDED MESSAGE EXPRESSING THEIR APPRECIATION OF OUR FENCE.
UM, I DON'T KNOW IF YOU HAVE THOSE RECORDINGS.
SO ARE WE GONNA, THE VOICEMAILS WILL PLAY AFTER YOUR PRESENTATION.
UM, WE COULD UNDERSTAND IF SOMEONE WAS COMPLAINING IF WE LET OUR FENCE DETERIORATE.
LIKE THESE FENCES THAT YOU SEE IN EXHIBIT B, WE SAW THESE, UH, FENCES IN OUR NEIGHBORHOOD AND WE HAVE ALSO SEEN MANY OTHER FENCES IN OUR NEIGHBORHOOD THAT ARE WELL ABOVE SIX FEET.
AND THERE IS ONE THAT WAS APPROVED BY THE CITY THAT HAD AN ADDITIONAL CONCRETE DRIVEWAY WITH A CONCRETE BARRIER, WITH A FENCE AND A CARPORT.
AND YOU CAN REFERENCE EXHIBIT C AND EXHIBIT C ONE.
UM, THIS WOULD REALLY CAUSE US A FINANCIAL HARDSHIP BECAUSE I'M DISABLED AND WAS DIAGNOSED WITH MULTIPLE SCLEROSIS IN 2012, AND THEN ULCERATIVE COLITIS IN 2015.
I'M ON DISABILITY AND CAN'T WORK DUE TO MY TWO AUTOIMMUNE DISEASES, AND MY HUSBAND HAS HAD TWO MAJOR SURGERIES, BACK SURGERIES.
OUR MEDICAL BILLS ARE EXTREMELY HIGH DUE TO THE TYPE OF BIOLOGIC MEDICATIONS I HAVE TO TAKE FOR MY DISEASES.
THIS ILLNESS HAS DRAMATICALLY CHANGED BOTH OF OUR LIVES.
MY HUSBAND SHOULD BE RETIRED, BUT HE'S STILL HAVING TO WORK BECAUSE OF THIS.
AND WITH THE INCUR, UH, THE CURRENT INCREASE
[01:40:01]
AND COSTS OF LIVING COST OF FOOD, GAS, AND JUST ABOUT EVERYTHING, THIS WOULD BE SUCH A HARDSHIP FOR US.AND, UM, MY HUSBAND AND I ARE ASKING ALL OF YOU TO PLEASE SEE IT IN YOUR HEARTS TO VOTE IN FAVOR OF OUR FENCE AND OUR VARIANCE APPLICATION.
UH, DID YOU WANT TO ADD ANYTHING ABOUT THE, UH, ACCESSORY STRUCTURE IN THE REAR YARD AND THE SHED? YES, YES.
WE HAD THAT ALSO, I HAVE THIS HERE THAT ALSO WAS A, WAS A CONTRACT.
UH, YES, WE HAD A CONTRACTOR BILL THAT AS WELL AS OUR SHED, AND THERE'S NO WATER OR RAIN DROP OFF FROM THE ROOF OF OUR SHED INTO TO THEIR YARD AND BEHIND US.
UM, DUE TO THE WAY THE PROPERTY, THEIR PROPERTY SITS HIGHER THAN OURS AND HOW THEIR YARD SLOPES DOWN TOWARDS OUR PROPERTY.
WE'VE HAD A SHED TOO FOR, IN OUR YARD FOR ABOUT 30 YEARS,
AND BEING IN OUR HOME FOR 34 YEARS, WE'VE HAD JUST ABOUT EVERY UTILITY COMPANY COME OUT TO OUR HOME.
THERE ARE MANY OTHER HOMES ALSO IN OUR NEIGHBORHOOD WITH SHEDS IN THEIR BACKYARDS JUST LIKE OURS.
AND WE HIRED A PROFESSIONAL, AGAIN, ANOTHER, A PROFESSIONAL COMPANY TO BUILD OUR SHED, AND THEY TOLD US IT COULD NOT BE LARGER THAN 300 FEET, WHICH OURS DEFINITELY IS NOT OKAY.
THEY JUST, THEY NEVER EVEN TOLD US THAT THAT WAS GOING TO, YOU KNOW, THAT IT WOULD BE A PROBLEM.
AND THEY NEVER TOLD US IT HAD TO BE, YOU KNOW, SO MANY FEET AWAY FROM THE FENCE.
AND THIS JUST TO MOVE THIS SHED WOULD COST US MORE THAN IT COST US TO BUILD IT.
AND WE CANNOT AFFORD TO EVEN HAVE THAT THAT MOVED.
AND CAN YOU, CAN YOU CLARIFY, UM, YOUR, YOUR REQUEST IS SHOWING, UM, AND THAT YOUR SHED IS EIGHT FEET, EIGHT INCHES FROM THE REAR PROPERTY LINE, BUT IT'S ALSO, BUT THEN IT ASKS FOR A ONE FOOT FOUR INCH VARIANCE FROM THE FIVE FOOT IS, IS YOUR SHED, IS YOUR SHED, UM, FOUR FOOT FOUR OR THREE FOOT FOUR FROM THE BACK FENCE? IS IT EIGHT INCHES OR IS IT'S, OR 20 INCHES AWAY FROM THE FENCE? IT'S, IT'S, UM, PROBABLY 20 INCHES AWAY FROM THE FENCE.
JUST WANNA MAKE SURE WE CLARIFY THAT.
OH, AND THE HOUSE BEHIND US HAS BEEN VACANT FOR ALMOST FOUR YEARS AND THERE'S NO ONE STILL LIVING THERE.
AND THEIR PROPERTY IS DETERIORATING AND, YOU KNOW, I DON'T, WE DON'T KNOW WHAT'S GOING ON WITH THAT.
THEY, THEY LEFT AND I THINK IT CAUGHT FIRE AND THEY JUST LEFT IT.
IT'S BEEN NO ONE THERE AND WE'VE SEEN.
SO, UH, STAFF COULD, SO WE JUST HEARD THAT IT'S 20 INCHES AWAY, BUT IT'S ON THE AGENDA.
IT'S SHOWING THAT IT'S A VARIANCE DOWN TO FOUR FOOT FOUR.
IS THAT, IS THERE ANY CONFLICT WITH WHAT WAS ADVERTISED? NO, IT'LL JUST BE ADJUSTED TO THREE FOUR.
WE'RE GONNA SEE IF THERE'S ANYONE SIGNED THE SPEAK OR ANY, UH, VOICEMAILS.
YES, WE DO HAVE VOICEMAILS TO PLAY.
WE MAY ASK YOU BACK UP FOR QUESTIONS.
ADDRESS 6 7 1 0 MANAS DRIVE, SAN ANTONIO, TEXAS SEVEN EIGHT TWO FOUR OH.
LAST THREE NUMBERS OF CASE ZERO TWO.
I VOTE IN FAVOR OF THE FENCING AT 92 0 3 TIPTON DRIVE.
IT HAS ADDED BEAUTY TO THE NEIGHBORHOOD TO THAT BLOCK.
IT IS VERY WELL DONE AND IT IS VERY NEAT.
CASE NUMBER B O A DASH 22 DASH 1 0 3 0 0 2.
TODD GOODWIN, 9 2 0 3 PROCLAMATION DRIVE, SAN ANTONIO, TEXAS SEVEN EIGHT TWO FOUR ZERO HOME TELEPHONE (210) 558-3663 COMPLETELY AND TOTALLY IN FAVOR.
I'M AT SIX SEVEN TWO SIX MANASSAS DRIVE, PHONE NUMBER (210) 867-3570.
I'M CALLING, I'M CALLING IN REFERENCE OF, UH, A PUBLIC HEARING CASE ENDING, UH, 0 2 0, UH, IN REFERENCE OF A, UH, UH, A REQUEST FOR A SPECIAL EXCEPTION FOR, UH, A MAXIMUM SIX, UH, FOOT FENCE TO SIX NINE FOR 9 2 0 3 FIFTH DRIVE.
AND THEN MY NAME IS JESUS GARCIA AND I'M CALLING TO SUPPORT, UH, THE REQUEST OF THE CASE, SIX V A DASH 22 DASH THREE TWO
[01:45:02]
GARCIA, 2 1 0 8 6 7 3 5 7 AT 7 2 6 MANAS DRIVE.UH, TODAY IS MONDAY, APRIL THE FOURTH, UH, 7:55 AM CENTRAL STANDARD TIME.
THIS IS J JONES ADDRESS, 92 11 TIFTON, T I F T O N DRIVE, SAN ANTONIO, TEXAS SEVEN EIGHT TWO FOUR ZERO.
AND THIS IS IN REFERENCE TO CASE NUMBER B OH 8 23 0 0 2.
THIS IS FOR LEGAL DESCRIPTION LOT 20 BLOCK 12 N C B 17 4 16 AT 92 0 3 TIFTON DRIVE.
AND THIS IS REQUESTING THE SPECIAL EXCEPTION, UM, ON THE MAXIMUM SIX FOOT FENCE.
THE CONCRETE THAT IS SET ON WOULD BE HIGHER, BUT THE FENCE ITSELF IS ONLY SIX FOOT HIGH ON THERE.
IT IS AN IMPROVEMENT TO THE NEIGHBORHOOD.
I FEEL THAT ACTUALLY ADDS VALUE TO MY PROPERTY.
VALUE IS ONE OF THE NICEST LOOKING AND BEST PIECES OF WORK THAT HAS BEEN DONE WITHIN OUR NEIGHBORHOOD.
SO I DEFINITELY FEEL THAT THIS SHOULD BE APPROVED.
HELLO, MY NAME IS KAREN GEORGE.
I LIVE AT 92 0 7 RED LEG IN SAN ANTONIO, AND I'M CALLING IN REFERENCE TO CASE NUMBER B O A DASH 22 DASH 1 0 3 20.
UM, I AM IN FAVOR OF THIS ADJUSTMENT REQUEST.
I DON'T HAVE ANY PROBLEM WITH IT.
UM, AND RATHER THAN SENDING THE FORM, I JUST THOUGHT I WOULD CALL, UM, THANK YOU.
THAT CONCLUDES THE VOICEMAILS.
UH, IS THERE ANY QUESTIONS FOR THE APPLICANT FROM THE BOARD? CRUZ? COMMISSIONER CRUZ, I'M GOT A QUESTION FOR STAFF.
THE APPLICANTS ARE SAYING THEY'VE HAD THIS FENCE FOR THREE YEARS AND THEY JUST GOT A NOTICE ABOUT IT.
IS IT BECAUSE IT GOT, UM, BROUGHT UP BY, UM, CODE COMPLIANCE? YES, IT WAS A CODE ENFORCEMENT CASE.
SO THEY WERE, UM, CODE ENFORCEMENT DID INVESTIGATE THE FENCE AFTER THREE YEARS.
THAT DOESN'T SOUND GREAT SINCE IT'S SUPPOSEDLY BEEN UP THAT LONG.
UH, WE CAN ASK THE, THE APPLICANT WHEN THEY REPLACED IT, BUT YES, THEY WERE INVESTIGATED FOR BUILDING WITHOUT A PERMIT IN DECEMBER.
ANY OTHER QUESTIONS? UH, I HAVE A QUESTION FOR THE APPLICANT.
IF YOU COULD PLEASE, UH, UH, COME BACK.
SO I, I JUST WANTED TO ASK ABOUT THE, THE WATER RUNOFF IN YOUR REAR YARD WITH THE CONCRETE THAT RUNS ALONG THERE.
DOES IT, DOES IT GO OUT TO YOUR NEIGHBORS? DOES IT GO OUT TO THE STREET ON THE SIDE? YOU, WE HAD A, WE DID HAVE A, A VERY LARGE PITCH AS YOU SEE THAT, THAT'S EXACTLY HOW IT WAS IN THE BACK.
AND I BUILT A FENCE, UH, WITH THE RECOMMENDATION OF THE CONTRACTOR.
I DIDN'T DO IT, BUT THE CONTRACTOR DID.
HE BUILT THE BURY THE, THE, UH, TWO FOOT CONCRETE BARRIER AND WE LEVELED THE BACKYARD.
WE JUST HAVE, UH, IN CASE THERE IS A, A HEAVY RAIN, WE HAVE HOLES THAT'LL ALLOW DRAINAGE HOLES.
OH, SO THE DIRT DRAIN, THE DIRT PRETTY MUCH GOES UP TO THE TOP OF THAT CONCRETE ON YOUR SIDE OF THE YARD.
I I, I WAS JUST WONDER WE WONDERING, WE LEVELED IT OFF IN THE BACK, I WAS JUST WONDERING IF IT WAS DAMMING UP THE WATER OR FORCING IT TO GO TO YOUR REAR NEIGHBOR'S YARD OR SOMETHING.
I SAW THE, OH, NO, NOT AT ALL.
NO, I SAW THE SMALL DIVOT IN THERE.
IT LOOKS LIKE THAT'S WHERE YOU'RE INTENDING IT TO OVERFLOW OUT.
UM, YEAH, WE COULDN'T GROW GRASS OR ANYTHING.
ALL OF OUR DIRT WOULD, WOULD JUST WASH OUT OFF AND THE FENCE FENCE AND THAT WAS GOING INTO THE STREET UNDER THE FENCE AND THEY'D ALL AND EVERYTHING FALL BEFORE WE DID IT THIS WAY.
UH, COMMISSIONER MANANA, DO YOU HAVE A QUESTION? NO.
[01:50:01]
ELSE? HEARING NONE? ALL RIGHT, WELL, THANK YOU VERY MUCH.UH, LOOKING FOR A MOTION MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 2 1 0 3 0 0 0 2 0.
I MOVED AT THE BOARD OF ADJUSTMENT GRANDER REQUESTS FOR A NINE INCH SPECIAL ONE, A NINE INCH SPECIAL EXCEPTION FOR A MAXIMUM SIX FOOT FENCE HEIGHTS REQUIREMENT TO ALLOW A SIX FOOT NINE INCH SOLID SCREEN FENCE ALONG THE SIDE PROPERTY LINE SITUATED AT 9 2 0 3 TIFTON DRIVE, APPLICANT B AND JOE WILSON.
BECAUSE THE TESTIMONY PROVIDED TO US, UH, AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
THE U D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR OFFENSE HEIGHT MODIFICATION.
THE ADDITIONAL EVENT HEIGHTS WAS OBSERVED UPON THE SITE VISIT, AND IF GRANTED STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE.
B, THE PUBLIC WELFARE AND CONVENIENCE, UH, WILL BE SUBSTANTIALLY SERVED IN THIS CASE.
THESE CRITERIA ARE REPRESENTED BY FENCE SITES TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY.
THE FENCE IS LOCATED ALONG THE SIDE PROPERTY LINE AND IS EXCEEDING THE MAXIMUM HEIGHTS REQUIREMENTS BY NINE INCHES.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
DEFENSE WILL CREATE ENHANCED SECURITY AND PRIVACY OF, FOR THE SUBJECT PROPERTY IS UNLIKELY TO SUBSTANTIALLY INJURE ANY NEIGHBORING PROPERTIES.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ALTER, THE ESSENTIAL, THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION, WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION SOUGHT THE ADDITIONAL HEIGHT FOR THE SIDE YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE ESTABLISHED BY THE SPEC, BY THE SPECIFIC DISTRICT.
THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME.
THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT.
YEAH, I, I LIVE VERY NEARBY THIS, UH, UH, THIS NEIGHBORHOOD HERE.
AND SO I'M AWARE OF THERE'S A SHIFT REALLY THROUGH A LOT OF THE HOMES, UH, IN THE COMMUNITY.
AND IF YOU TAKE A LOOK, A LOT OF THE NEIGHBORS DID A LOT OF WORK WITH A LOT OF THEIR FENCING.
AND SO THIS IS A COMMON THING IN THIS NEIGHBORHOOD.
AND SO IF YOU DRIVE AROUND, YOU'LL SEE, UH, THIS EXAMPLE GIVEN REALLY THROUGHOUT THE COMMUNITY.
UM, ALSO I THINK, UM, THE REACH OUT TO THE COMMUNITY WAS PRETTY SUBSTANTIAL.
SO ON THOSE TWO REGARDS, I'LL BE, UH, ASKING FOR APPROVAL.
ALL RIGHT, COMMISSIONER CRUZ? MM, I CONCUR WITH MY COLLEAGUE.
I BELIEVE THAT, UH, WITH THE WAY IT WAS BUILT, EVEN THOUGH IT WAS SOME QUESTION ON IT, IT UH, IT LOOKS LIKE IT WAS, UH, VERY GOOD, UH, INSIGHTS AND, UH, I DON'T SEE ANY PROBLEMS AND NEITHER DO THE NEIGHBORS.
ANY OTHER COMMISSIONERS LIKE TO CHIME IN? CHACO, COMMISSIONER MIN CHACO, UH, I JUST WANNA THANK THE APPLICANTS FOR THE DOCUMENTATION YOU SUBMITTED.
AND I JUST WANT TO INFORM THE GENERAL PUBLIC THAT WHAT I LEARNED FROM THE SAFETY OFFICER, UH, LAST WEEK IS THAT THE MAILBOXES ARE BEING BROKEN INTO.
BUT WHAT THEY'RE DOING NOW IS THAT THESE ONES, THE LARGEST ONES WHERE THE PACKAGES, THEY'RE MAKING COPIES OF THE KEYS.
SO THEY'RE GOING AROUND AND OPENING THE BIG LARGER PACKAGES.
SO BE AWARE OF PACKAGES THAT ARE LEFT IN THERE OR MAYBE SOMEHOW DELIVERED.
AND I GUESS THEY'RE MAKING AN IMPRINT ON CLAY.
AND THEN MAKE A KEY AND THEN GO ON, SAY, I DON'T KNOW IF ALL THE KEYS ARE THE SAME IN THAT SAME NEIGHBORHOOD.
THAT'S F Y I FROM THE SAFE, SAFE OFFICER COMMISSIONER ALBERT.
YES, I'LL BE IN SUPPORT OF THIS CASE.
UM, THIS IS A CASE THAT I CAN EASILY SUPPORT.
YOU DID IT WITH THE BEST INTENT.
YOU DID IT FOR, UH, TO ALLEVIATE A, A, AN ISSUE, UH, A PROBLEM THAT YOU WERE HAVING WITH YOUR PROPERTY.
AND YOU'VE GOT, UH, GREAT SUPPORT FROM YOUR NEIGHBORS AND YOU KNOW YOUR NEIGHBORS OBVIOUSLY.
SO, UH, I THINK THIS IS A, A REALLY NICE CASE FOR ME TO SUPPORT.
IF THERE'S NO ONE ELSE, UH, STAFF, PLEASE TAKE A ROLL CALL.
WHO WAS THE SECOND? THE SECOND WAS COMMISSIONER CRUZ.
MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT.
MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
UH, NOW I'M LOOKING FOR A MOTION ON THE SETBACK.
MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO 8 2 2 1 0 3 0 0 0 2 0.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANTS A REQUEST FOR A THREE FOOT FOUR INCH VARIANCE FROM THE FIVE FOOT REAR SETBACK TO ALLOW A ACCESSORY STRUCTURE TO BE ONE FOOT INCHES FROM THE REAR PROPERTY LINE SITUATED AT 9 2 0 3 TIFTON, APPLICANT B AND JOE WILSON,
[01:55:01]
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD 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 A NECESSARY HARDSHIP.SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC.
THE APPLICANT IS REQUESTING A THREE FOOT VARIANCE, THREE FOOT, FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK TO ALLOW EXISTING ACCESSORY STRUCTURE TO BE ONE INCH EIGHT, ONE FOOT EIGHT INCHES FROM THE REAR PROPERTY LINE.
TWO, DUE TO SPECIAL CONDITIONS THAT LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LIBERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICATION HAVING TO THE APPLICANT HAVING TO MOVE THE STRUCTURE TO FIVE INCHES AWAY FROM THE REAR PROPERTY LINES, WHICH WOULD REQUIRE A RELOCATION OF THE STRUCTURE.
BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPEAR OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
A THREE FOOT FOUR INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE ONE INCH, ONE FOOT EIGHT INCHES FROM THE REAR PROPERTY LINE WILL OBSERVE THE SPIRIT OF THE ORDINANCE.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED ON 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 THIS PROPERTY IS LOCATED.
THE BOARD FINDS, UH, THE REQUEST FOR A ONE FOOT EIGHT INCH REAR SETBACK IS ENOUGH SPACE AWAY FROM THE PROPERTY LINE.
THE STRUCTURE HAS NO OVERHANG, IS NOT LIKELY TO NEGATIVELY IMPACT THE ADJACENT NEIGHBORING PROPERTY.
APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULTS OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTIES SUCH AS THE STRUCTURE BEING PREEXISTING.
SECOND BY COMMISSIONER KAPLAN.
SO, UM, LOOKING AT OBSERVABLE, UH, LOOKING AT AN AERIAL VIEW, YOU CAN SEE THAT THERE ARE, UH, EXISTING STRUCTURES ACTUALLY IN MULTIPLE, UH, LOTS IN THIS NEIGHBORHOODS.
SO, UM, I DON'T THINK THAT THERE'S ANY IMPACT TO THE NEIGHBORING, UH, PROPERTY, SO I'LL BE VOTING IN FAVOR, RIGHT.
COMMISSIONER KAPLAN, I'LL, I'LL BE IN FAVOR OF IT ALSO.
IT LOOKS LIKE A VERY WELL-BUILT STRUCTURE.
IT LOOKS LIKE YOU KEEP YOUR PROPERTY IN VERY GOOD SHAPE AND IT WON'T HAVE ANY ADVERSE EFFECTS ON THE, ON THE NEIGHBORS.
ANYONE ELSE LIKE TO ADD HEARING NONE.
UH, STAFF PLEASE TAKE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MS. BREGMAN, I CONCUR THE FINDINGS OF FACT.
MS. TEAL, MR. MR. TEAL WITH THE FINDINGS EFFECT.
CHAIR ORIENT AND I ALSO CONCUR.
IF YOU HAVE ANY QUESTIONS, PLEASE GET WITH STAFF.
UM, ITEM NUMBER NINE, BO 8 22 1 0 3 0 0 0 3 0.
QUENTIN DRIVE COUNT DISTRICT SEVEN.
A SPECIAL REQUEST FOR A SPECIAL EXEMPTION TO ALLOW ONE OPERATOR BEAUTY SALON SLASH BARBERSHOP.
UM, APPLICANT BEING JESSE RIO.
UM, ZONING BEING RESIDENTIAL SINGLE FAMILY, UH, THE APPLICANT IS REQUESTING A SPECIAL EXEMPTION EXEMPTION TO ALLOW THE OPERATION OF ONE OPERATOR.
BRITISH SALON SLASH BARBERSHOP ON THE PROPERTY.
THIS IS THE FIRST REQUEST OF THE SUBJECT PROPERTY.
SO GRANTING OF THE PERMIT SHALL NOT EXEMPT, EXCEED TWO YEARS.
UM, THE POST HOURS OF OPERATION ARE TUESDAY THROUGH SATURDAY FROM 10:00 AM TO 4:00 PM THERE'S A PICTURE OF THE SITE PLAN, THE SUBJECT PROPERTY ITSELF, AND THE SURROUNDING VIEWS.
UM, STAFF RECOMMENDS APPROVAL FOR ONE OPERATOR PREVIOUS SALON IN BO O A 22, UM, 1 0 3 0 0 0 3 0 BASED ON THE FOLLOWING FINDINGS OF FACTS.
UM, THE BEAUTY, THE BARBERSHOP SLASH BEAUTY SALON WILL BE OPERATED BY A SINGLE OWNER AND THE PROPOSED OPERATIONS DID NOT APPEAR TO ADVERSELY AFFECT THE NEIGHBORING PROPERTIES.
MAIL OF ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE TO THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION AND THE APPLICANT IS PRESENT.
[02:00:01]
YOU.PLEASE COME FORWARD IF YOU COULD STATE YOUR NAME AND ADDRESS FOR THE RECORD AND SHOULD BEGIN YOUR PRESENTATION.
JAVIA ADDRESS, 2 2 6 QUENTIN DRIVE.
UH, IS, IS ANYTHING YOU WANT US TO KNOW ABOUT YOUR PROJECT? UM, UM, JUST SIMPLY, UH, OPENING A SIX BY SIX WORKING STATION IN MY LIVING ROOM.
STAFF, IS THERE ANYONE, SENATOR TO SPEAK OR ANY VOICEMAILS? WE DO HAVE A VOICEMAIL TO PLAY.
WHAT, WHAT WE'RE GONNA DO IS LISTEN TO A VOICEMAIL OKAY.
AND WE MIGHT HAVE SOME QUESTIONS FOR YOU.
PO BOX 1 0 0 3 1 5 SAN ANTONIO, TEXAS SEVEN EIGHT TWO ZERO ONE.
MY PHONE NUMBER IS SIX FOUR THREE FOUR SEVEN SIX ZERO.
I'M THE PRESIDENT OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION AND THIS IS IN RESPONSE TO AGENDA ITEM NUMBER NINE E O A.
THANK YOU FOR THE, UH, COMMENT.
M P A IS A SINGLE FAMILY RESIDENTIAL COMMUNITY IN QUENTIN DRIVE, WHERE THIS PROPERTY IS LOCATED IS WITHIN MONTICELLO PARK'S HISTORIC DISTRICT, M P A SUPPORTS STAFF'S RECOMMENDATION FOR APPROVAL, BUT RESPECTFULLY ASK THE PROPERTY OWNER TO ADHERE TO THE RESTRICTIONS FOR THE OPERATION OF THIS HOME OCCUPATION.
SO THERE IS NO ADVERSE IMPACT TO THE NEIGHBORS.
SPECIFICALLY, WE ASKED THE PROPERTY OWNER TO PLEASE BE MINDFUL OF STREET PARKING IN ORDER TO AVOID RESTRICTION, RESTRICTING ACCESS, UH, TO OTHER RESIDENTS ON THIS NARROW STREET.
FINALLY, WE WISH THE APPLICANT THE VERY BEST.
AND AGAIN, UM, M P A SUPPORTS STAFF RECOMMENDATION FOR APPROVAL.
THANK YOU VERY MUCH FOR YOUR TIME.
UH, SO ARE THERE ANY QUESTIONS FOR MR. RE, MANNA? COMMISSIONER MANNA? SO, SO, UM, THE, UH, MONTICELLO, UH, NEIGHBOR ASSOCIATION, THEY SAID THEY'RE, YOU KNOW, THEY'RE, THEY'RE OKAY WITH THIS, WITH REGARDS.
UM, AND JUST WANTING YOU TO BE MINDFUL OF THE PARKING, I, I DO A GOOGLE DRIVE AND I DO LOOK AT THE, THE CARS, AND IT SHOWS A BUNCH OF CARS THERE.
SO I ASSUME THAT THAT WAS BEFORE, UM, UH, I GUESS THAT'S NOT RELATED TO YOUR BUSINESS.
UM, AND THAT YOU WILL BE MINDFUL OF PARKING OFF THE STREET, CORRECT? CORRECT.
MINKA, COMMISSIONER MINKA, SIR, HOW MANY ROOMS DO YOU HAVE IN THIS BARBERSHOP? DO YOU HAVE LIKE A WAITING ROOM ON HOW MANY PEOPLE COME IN AT A TIME? SOMETHING LIKE THAT? I HAVE, UM, ONE SITTING AREA FOR ONE CLIENT OR TWO, SO IT'S ONLY ONE ROOM.
UM, THE WORK STATION WHERE I'M WORKING, IT'S SIX BY SIX.
AND THEN I HAVE LIKE A LIVING ROOM SOFA WHERE A CLIENT CAN SIT DOWN OR, UH, AND FACILITIES FOR, MAYBE I'M NOT UNDERSTANDING YOUR QUESTION VERY WELL, BUT, UH, SOME BARBERSHOPS HAVE TWO ROOMS, LIKE A SEPARATE ROOM FOR WHERE YOU'RE DOING THE WORK, BUT IT SOUNDS LIKE THEY'RE ALL IN THE SAME ROOM WAITING AND WHILE YOU'RE WORKING.
UM, AS FAR AS, UH, I'M ASKING LIKE SANITARY QUESTIONS.
UM, THE SIX BY SIX THAT I'M SETTING UP TO WORK OR TO DO ONE CLIENT AT A TIME IS IN ONE CORNER OF THE HOUSE.
AND THEN IT'S IN THE SAME OF THE LIVING ROOM, BUT IT'S KIND OF SPACED OUT.
IT'S NOT LIKE REALLY CROWDED OR, UM, AND SO, AND THEN OF COURSE I HAVE MY DINING ROOM TABLE AWAY FROM WHERE I'M GONNA BE, I'M GONNA, LET ME, LET ME ASK MY WORKSTATION.
SO I THINK THE, THE, THE CRUX OF THE QUESTION IS THAT IF, IF YOU'RE, IF YOU'RE PROVIDING SERVICE TO A CLIENT AND SOMEONE WAS WAITING, UH, TO GO NEXT, WOULD THEY BE IN A SEPARATE ROOM OR WOULD THEY BE ON THE OTHER SIDE OF THAT ONE ROOM? THEY'D BE IN THE SAME ROOM.
THEY WOULD BE IN THE SAME ROOM.
BUT, BUT THEY WOULD BE ABOUT HOW MANY FEET AWAY FROM WHERE ACTIVITIES ARE HAPPENING? UH, SAY ABOUT MAYBE 12 FEET.
UH, ANY OTHER QUESTIONS? ALL RIGHT.
SO WITH, IF UH, YOU HAVE NOTHING ELSE TO ADD, SIR, WE'RE
[02:05:01]
GOING TO, YOU CAN TAKE A SEAT AND WE'RE GOING TO HAVE A MOTION.THANK YOU TEAL COMMISSIONER TEAL, REGARDING CASE NUMBER BO O A DASH 2 2 1 0 3 0 0 0 3 0.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A ONE OPERATOR BEAUTY SALON BARBERSHOP WITH HOURS, UH, TUESDAY THROUGH SATURDAY, 10:00 AM TO 4:00 PM SITUATED AT 2 2 6 QUENTIN DRIVE.
APPLICANT BEING JESSE AL, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE 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 A SINGLE OPERATOR, BARBER SHOP BEAUTY SALON.
THE BARBER SHOP BEAUTY SALON IS INTENDED TO BE OPERATED BY A SINGLE OWNER AND WILL BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE ORDINANCE.
THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE APPLICANT IS PROPOSING TO OPERATE A BARBER SHOP, BEAUTY SALON LOCATED AT THE RESIDENTIAL PROPERTY.
THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED WITH THIS SPECIAL EXCEPTION.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE BARBERSHOP SLASH BEAUTY SALON WILL NOT DISRUPT THE PRIVACY FOR THE SUBJECT PROPERTY AT AND IS HIGHLY UNLIKELY TO INJURE THE ADJACENT PROPERTIES.
THE PROPOSED HOURS OF OPERATION ARE TUESDAY THROUGH SATURDAY, 10:00 AM TO 4:00 PM 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 BARBER SHIP'S SHOP SLASH BEAUTY SALON WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE SINGLE FAMILY DWELLING WILL REMAIN TO APPEAR AS SUCH.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE IN ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE CURRENT ZONING PERMITS, THE CURRENT USE OF SINGLE FAMILY HOME AND THE OPTION TO OPERATE A SINGLE OPERATOR BEAUTY BARBER BEAUTY SALON, THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAK WITHIN, WITHIN THE GENERAL PURPOSE OF THE DISTRICT.
I ALWAYS THINK IT'S GREAT TO HAVE THESE, UH, AMENITIES INSIDE OF A NEIGHBORHOOD, SO I'LL BE IN SUPPORT.
COMMISSIONER MANNA CONCUR WITH MY COLLEAGUE.
ANYONE ELSE LIKE TO ADD CRUZ, COMMISSIONER CRUZ? UM, JUST TO, UH, MAKE SURE THAT IT'S INCLUDED.
THIS IS ONLY A TWO YEAR PERMIT, SO, UM, SINCE IT IS HIS FIRST TIME, THANK YOU.
UH, COMMISSIONER ALBERT? YES, I'LL BE IN SUPPORT OF THIS.
UM, I, I THINK HOME OCCUPATION OR WORKING FROM HOME IS A FANTASTIC THING.
IT, UH, PUTS DAYTIME EYES ON THE STREETS IN OUR NEIGHBORHOODS, WHICH HAS BEEN SHOWN TO REDUCE CRIME.
IT'S A WIN-WIN FOR THE, THE BUSINESS OWNER, OF COURSE.
AND, UH, IT ALSO HELPS A LOT OF CLIENTS WHO NEED OR PREFER MORE PRIVATE SETTING.
SO, UH, FOR ALL THE REASONS ABOVE, I CERTAINLY, UH, SUPPORT THIS GREAT
UH, WITH THAT, UH, STAFF COULD PLEASE TAKE A ROLL CALL VOTE.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
GOOD LUCK WITH YOUR ENDEAVORS.
AGENDA ITEM NUMBER 10 IS FOR CASE BOA DASH 22 DASH 1 0 3 0 0 3 1.
THE SUBJECT PROPERTY IS LOCATED AT 48 14 BUCKNELL WITHIN COUNT COUNCIL, DISTRICT EIGHT.
THE APPLICANT BEING BRADLEY ADAM BUS IS A REQUEST FOR A TWO FOOT SPECIAL EXEMPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW A SOLID SCREEN FENCE TO BE EIGHT FEET TALL ALONG THE REAR AND SIDE PROPERTY LINES.
THE APPLICANT CONSTRUCTED AN EIGHT FOOT SOLID FENCE WITHOUT OBTAINING A FENCE PERMIT.
AND THE CODE INVESTIGATION WAS OPENED DURING THE SITE VISIT.
MEASUREMENT OF THE FENCE WAS TAKEN, WHICH WAS EIGHT FEET IN HEIGHT.
THE MAXIMUM HEIGHT PERMITTED FOR A SOLID SCREEN FENCE IN THE REAR YARD AT SIX FEET.
STAFF DID OBSERVE ELEVATION CHANGES THROUGHOUT THE NEIGHBORHOOD, INCLUDING ON THE SUBJECT PROPERTY.
THE ELEVATION CHANGES TO APPEAR.
ELEVATION CHANGES APPEAR TO BE BETWEEN ONE FOOT TO THREE FOOT IN VARIOUS LOCATIONS OF THE LOT.
THIS IS THE SITE PLAN PROVIDED BY THE APPLICANT.
THE SUBJECT PROPERTY, THE NEW EIGHT FOOT WOOD PRIVACY FENCE.
THIS IS JUST AN EXAMPLE OF THE ELEVATION CHANGES THAT ARE PRESENT ON THE PROPERTY.
UM, THE WOOD PRIVACY FENCE ON THE RIGHT SIDE OF THE PROPERTY.
[02:10:01]
A SURROUNDING AREA AND SURROUNDING AREA.REGARDING CASE BO A 22 DASH 0 3 0 3 1.
STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE EIGHT FOOT FENCE WILL ADD ADDITIONAL SECURITY AND PRIVACY TO THE SUBJECT PROPERTY AND SURROUNDING PROPERTIES.
TWO, THERE WERE WOOD PRIVACY FENCES OBSERVED WITHIN THE SURROUNDING AREA, THEREFORE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.
THERE IS A DRAINAGE EASEMENT LOCATED ON THE REAR OF THE PROPERTY.
STAFF MAILED OUT 2026 NOTICES.
ONE RESPONSE WAS RECEIVED IN FAVOR, ZERO OPPOSED.
AND THERE'S NO NEIGHBORHOOD ASSOCIATION REGISTERED FOR THE AREA.
THIS CONCLUDES STAFF'S PRESENTATION.
STAFF IS AVAILABLE FOR QUESTIONS AND THE APPLICANT IS PRESENT.
IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
YOU CAN BEGIN YOUR PRESENTATION.
UM, I RESIDE AT 4 8 1 4 BUCKNELL STREET, UM, SAN TEXAS 7 8 2 4 9.
UM, UH, SHE'S GOING, MRS. RODRIGUEZ IS GOING AHEAD AND PASSING OUT A RESEARCH PAPER THAT I ACTUALLY DID ON THE SUBJECT.
I'M CURRENTLY A MASTER'S STUDENT AT U T S A, GETTING MY MASTER'S IN GEOINFORMATICS, WHICH IS THE STUDY OF SATELLITE IMAGERY AS WELL AS STATISTICS PUT TOGETHER.
UM, SO THE PROPERTY IN QUESTION, I WANTED TO LOOK AT IT FROM AN OBJECTIVE SENSE AND SEEING IF THERE WAS ANY DATA TO BACK WHY I ACTUALLY NEEDED AN EIGHT FOOT FENCE.
SO, UM, IF YOU CAN GO AHEAD AND GO TO THE NEXT SLIDE.
UM, I WENT TO THE CITY OF SAN ANTONIO'S, UH, G I S WEBSITE AND PULLED OFF, UH, THE, UH, H O A ASSOCIATIONS.
AS YOU CAN SEE, MY HOUSE IS ROUGHLY RIGHT HERE.
UM, AND I DIDN'T FIND THAT THERE WERE ANY, UM, H O A ASSOCIATIONS.
SO I I, WITH IT BEING MY FIRST HOME, I WASN'T AWARE THAT THERE WAS A CITY ORDINANCE.
UM, I DID HIRE A CONTRACTOR, UM, AND HE'D NEVER MADE IT AWARE TO ME THAT I WAS SUPPOSED TO PULL PERMITS.
I MEAN, IGNORANCE IS NO EXCUSE, AND I APOLOGIZE FOR THAT.
UM, IF YOU WANNA GO AHEAD AND GO TO THE NEXT SLIDE.
UM, THE FIRST, THE FIRST ISSUE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
IT'S, ITS PERPENDICULAR TO THE STREET.
UM, IT'S THREE HOUSES DOWN FROM ANY TURNS, AND IT'S NOT A, IN A POSITION WHERE IT COULD BE OBSTRUCTING A MOTOR VEHICLE WHEN OPERATING ONE, IF YOU CAN GO TO THE NEXT, UM, THIS IS, UH, US GEOLOGICAL SITE DATA.
UM, I PULLED THE CONTOUR LINES OFF FROM THE UNITED STATES GEOLOGICAL SOCIETY, UM, AS WELL AS FROM THE CITY OF SAN ANTONIO.
I DID, UH, NEIGHBORHOOD, UM, POINT ALLOCATION.
SO I WAS ABLE TO PUT THE POINTS FROM THE, UH, CITY OF SAN ANTONIO DIRECTLY WHERE THE ADDRESSES ARE.
SO THAT'S MY, THAT'S MY NEIGHBOR TO THE EAST, MY HOUSE IN THE MIDDLE, REPRESENTED BY THE HOUSE, UH, RON TO THE LEFT, AND MIKE, UH, TO THE SOUTH.
SO YOU CAN SEE THE CHANGE IN ELEVATIONS AGAIN, UH, IT'S PERPENDICULAR, NOT, UH, NOT OBSTRUCTING A ROADWAY.
UM, AND THREE HOUSES DOWN FROM MANY TURNS.
UM, THIS IS TRAVELING EASTBOUND, AS YOU CAN SEE.
UM, THIS IS MY HOUSE RIGHT OVER HERE.
NEXT, UH, WEST GOING WESTBOUND.
'CAUSE THE, THAT'S ACTUALLY, YOU KNOW, THE FENCE AFTER IT WAS BUILT.
UM, AGAIN, NOT, UH, CAUSING ANY OBSTRUCTIONS.
UM, THIS IS TURNING SOUTHBOUND FROM BUCKNELL ONTO SYRACUSE.
MY HOUSE IS STILL THREE HOUSES DOWN TO THE RIGHT, SO IN NO WAY IS IT OBSTRUCTING.
UH, NEXT, UH, THIS IS TURNING WESTBOUND FROM SYRACUSE ONTO BUCKNELL.
UM, MY HOUSE IS WAY DOWN HERE, AND YOU STILL CAN'T SEE IT FROM EXACTLY THIS POINT OF VIEW, BUT TURNING LEFT, IT'S NOT IN AN OBSTRUCTION.
UM, YOU KNOW, A LITTLE ENFORCEMENT OF THE ORDINANCE COULD RESULT IN A, A UNNECESSARY HARDSHIP.
UH, I WILL SAY THE, THE TOPOGRAPHY IS SLOPED WEST TO EAST AND NORTH TO SOUTH.
UM, THE MAIN ISSUE AT HAND IS, IS KIND OF A PRIVACY CONCERN, PARTICULARLY WHENEVER YOU'RE TALKING ABOUT THE SOUTH NEIGHBOR.
UM, MICHAEL HANSSEN CAN VIEW INTO ALL EIGHT, UH, ALL EIGHT WINDOWS IN THE BACK OF THE HOUSE AS WELL AS INTO THE BACKYARD.
UM, MY NEIGHBOR TO THE EAST, ANDREW HAS AN ELEVATED PORCH AND CAN VIEW IN, AND MY NEIGHBOR TO THE WEST CAN VIEW INTO TWO DIFFERENT BEDROOM WINDOWS.
UM, YOU KNOW, THERE'S A POTENTIAL FOR DECREASED STRUCTURAL INTEGRITY AS WELL AS A DECREASED AESTHETIC.
IF WE CUT DOWN TO A SIX FOOT FENCE, I'VE ALREADY SPENT $8,000 ON IT.
UM, AGAIN, IGNORANCE IS NO EXCUSE, BUT IF, IF WE DO HAVE TO CUT IT DOWN, UM, THE FENCE IS GONNA REQUIRE NEW STRINGERS, AND WE'RE GONNA POTENTIALLY HAVE TO BEND BOARDS BACK IN ORDER TO PUT THE NEW TOP STRINGER ON.
UM, YOU CAN GO AHEAD AND GO TO THE NEXT ONE.
SO, LOOKING AT IT FROM AN OBJECTIVE STANDPOINT, UM, I WANTED TO, TO TAKE, UH, SATELLITE IMAGERY.
SO I TOOK LIDAR DATA, WHICH IS LIGHT DETECTION AND RANGING DATA.
UM, AND THIS IS, UH, INCREDIBLY HIGH RESOLUTION DATA THAT, UH, PROVIDES X, Y, AND Z.
UM, SO YOUR LATITUDE, YOUR LONGITUDE, AS WELL AS A HEIGHT, UM, IN A THREE DIMENSIONAL FEATURE.
[02:15:01]
I KNOW THIS IS KIND OF MESSY, BUT YOU CAN SEE MY HOUSE SITS HERE, UM, NEIGHBOR TO THE EAST, WEST AND SOUTH.SO, UM, TO GET THIS IN A MORE MANAGEABLE FORM, I THEN MOVED IT INTO A DIFFERENT CLASSIFICATION.
THIS IS TAKING THAT SAME DATA AND DO USING A GEO PROCESSING FEATURE WHERE IT ALLOWED YOU TO SEE ALL, ALL OF THE DIFFERENT CLASSIFICATIONS.
THESE CAN BE ANYTHING RANGING FROM BUILDINGS, HIGH VEGETATION, LOW VEGETATION, GROUND.
UM, AND IT'S STILL KIND OF MESSY HERE, AND I KNOW THAT IT DOESN'T REALLY GET THE POINT.
SO I REMOVED WHAT I WOULD CONSIDER ALL THE NOISE.
SO IF YOU WANNA HIT THE NEXT ONE.
UM, SO I'VE REMOVED ALL THE NOISE AND I WE'RE JUST LEFT WITH GROUND ELEVATION DATA, SO THAT GROUND ELEVATION DATA, YOU CAN SEE MY PROPERTY HERE, PROPERTY TO THE EAST, PROPERTY TO, UH, THE WEST AND SOUTH.
SO I DID WHAT WAS KNOWN AS A, UM, STATISTICAL ANALYSIS, UM, IN THE BACKYARD, UH, USING POLYGON FEATURES WITHIN THIS, UH, ARC, G I S.
SO, UM, WHENEVER I DREW INTO THE BACKYARD OR, OR POLYGON AROUND MY PROPERTY LINE, UM, IT WAS FOUND THAT THERE WAS AN AVERAGE ELEVATION OF, UH, 295 METERS, UH, THAT WAS DERIVED FROM 1,551 CLASSIFICATION.
UM, THE PROPERTY TO THE EAST, UH, SHOWED AN ELEVATION, AVERAGE ELEVATION OF 297 METERS.
UM, THAT WAS DERIVED FROM 3061 POINTS.
AND THEN THE PROPERTY TO THE WEST, UM, THAT WAS A, AT A, AT A DRIVE FROM 1,441 POINTS.
AND THAT SHOWED AN AVERAGE ELEVATION OF 297 POINTS.
UM, THE PROPERTY TO THE SOUTH, UH, HAD CAME FROM 6,951 POINTS, AND IT WAS AN AVERAGE ELEVATION OF 299 METERS.
SO AS YOU CAN SEE, ALL THREE SURROUNDING PROPERTIES ARE HIGHER THAN THAT OF THE ELEVATION OF MINE.
SO IF YOU WANNA CLICK NEXT, UM, ONE MORE WAY TO REINFORCE THIS IS LOOKING AT THE SLOPE.
SO WE ARE LOOKING AT THE SLOPE GRADE OF MY PROPERTY IN THE MIDDLE, SITTING AT ABOUT AN AVERAGE GRADE OF TWO ALL THE WAY UP TO FIVE, UM, BASICALLY SHOWING THAT IT RUNS DOWNHILL.
UM, IF YOU WANNA GO AHEAD AND HIT CLICK NEXT, UM, TO KIND OF FURTHER THIS VIEW AND GET A BETTER UNDERSTANDING OF IT.
AND THE BEST WAY TO LOOK AT THIS IS TO CONSIDER, CONSIDER THE PROPERTY LIKE A COMPASS, AND IT TAKES SLOPE INTO ACCOUNT AND SHOWS US WHERE THE PROPERTY LINES RUN.
SO IF YOU LOOK AT THE SLOPE DATA OF MY PROPERTY, IT RUNS SOUTH, UH, SOUTHEAST.
MY NEIGHBOR TO THE WEST RUNS EAST, SO AGAIN, CAN LOOK DOWN ONTO THE PROPERTY AND MY NEIGHBOR TO THE SOUTH RUN, IT GOES MOSTLY NORTHEAST.
AND THAT'S WHAT THOSE DIFFERENT COLOR POINTS ARE FOR.
UM, AND MY NEIGHBOR TO THE WEST, UM, ON THE ELEVATED PORCH, UH, SLOPES WEST.
UM, SO IF YOU WANNA GO AHEAD AND CLICK NEXT, I, LASTLY DID WHAT WAS KNOWN AS THE GEODESIC VIEW SHED.
UM, THE GEODESIC VIEW SHED TAKES INTO ACCOUNT, UM, AN ELEVATION LINE.
AND SO FROM THE ELEVATION POINTS, THIS IS ESSENTIALLY WHERE IT CAN VIEW, UM, AT THAT CURRENT HEIGHT.
NOW, THIS IS NOT TAKING THE BUILDING INTO ACCOUNT.
THIS IS BASED OFF OF THE POLYGON DATA THAT I PULLED ALL THE AVERAGE INFORMATION OFF OF.
AND AS YOU CAN SEE, THIS IS WHERE HE WOULD, WHERE A SIX FOOT MALE COULD STAND IN ALL THE VIEW VIEW SITES.
HE WOULD SEE, UH, IF YOU WANNA GO, AND NEXT, AGAIN, THIS IS THE SOUTH VIEW SHED.
THIS WOULD BE WHAT THE SOUTH PROPERTY IS TECHNICALLY ABLE TO VIEW IF YOU WEREN'T LOOKING AT THE BUILDINGS.
UM, AND THEN NEXT SAME THING FOR THE EAST VIEW SHED.
UM, IF YOU WANNA HIT IT ONE MORE TIME.
SO TO KIND OF BRING HOME THE POINT, THE EAST PROPERTY ELEVATION, UH, VERSUS MINE IS A DIFFERENCE OF 1.83 METERS.
THE SOUTH PROPERTY ELEVATION IS A DIFFERENCE OF 3.68 METERS, AND THE WEST PROPERTY ELEVATION HAS A DIFFERENCE OF 1.72 METERS.
UM, SO, YOU KNOW, BY GRANTING THE VARIANCE, UH, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED.
ALL THREE NEIGHBORS WERE MADE AWARE OF THE FENCING PRIOR TO THE CONSTRUCTION, UM, AND WERE APPRECIATIVE OF WHAT I DID.
THE PRIOR FENCE WAS IN AN UNSAFE CONDITION FOR ALL PAR PARTIES INVOLVED, AND THE NEIGHBORS HAVE TWO, ALL HAVE DOGS AND TWO HAVE CHILDREN.
UM, THIS JUST ALLOWS FOR A BETTER SAFE ENVIRONMENT FOR ALL PARTIES.
UM, THIS WAS, UH, BEFORE SOUTH FACING.
UM, THE THING THAT I'D LIKE TO POINT OUT HERE IS THAT THIS WAS PRIOR TO, AND IF YOU SEE, YOU CAN CLEARLY SEE THIS WAS AN OLD SIX FOOT FENCE.
AND THERE'S A, THERE'S WINDOWS HERE, IT'S HARD TO TELL, BUT THERE'S WINDOWS RIGHT HERE, WHICH ARE MORE CLEAR HERE, AND THERE'S ONE SET RIGHT OVER HERE.
UM, SO EVEN WITH AN EIGHT FOOT FENCE INSTALLED, THERE'S STILL, STILL A LITTLE BIT OF A PRIVACY CONCERN, BUT IT ADDS MUCH MORE PRIVACY THAN THERE, THERE WAS THERE BEFORE.
UM, IF YOU WANNA GO AND CLICK NEXT, THIS WAS LOOKING WEST, UH, TO MY NEIGHBOR, UH, RON TO THE WEST.
AND AGAIN, YOU KNOW, FROM, THIS IS KIND OF AT THE BACK OF HIS PROPERTY, YOU COULD REALLY CLEARLY SEE INTO THE BACKYARD, WHEREAS THE WEST, UH, THE NEW, UH, ALLOWS FOR MUCH MORE PRIVACY.
UM, ALL THESE PHOTOS WERE TAKEN JUST AT MY EYE, EYE LEVEL HEIGHT WITH MY PHONE.
SO IF YOU WANNA HIT NEXT, UM, SO THE VARIANCE DOES NOT CHANGE THE RESIDENTIAL CHARACTER OF THE PROPERTY.
IT ONLY ENSURES GREATER PRIVACY AND
[02:20:01]
SAFETY FOR THE PROPERTY OWNERS AND THE ADJOINING NEIGHBORS.UM, AND ALL PARTIES WERE NOTIFIED AND MULTIPLE PARTIES CONTRIBUTED, CONTRIBUTED TO THE FENCE PRIOR, UH, TO CONSTRUCTION.
SO THE FENCING DOESN'T NECESSARILY, IT DOESN'T INTERFERE WITH THE ADJOINING OWNERS OR THE USE OR ENJOYMENT OF THEIR PROPERTY.
AND IT DOESN'T SUBSTANTIALLY ALTER THE CHARACTER OF THE RESIDENTIAL DISTRICT IN WHICH THE RESIDENTIAL PROPERTY IS LOCATED.
UM, I DIDN'T HAVE A BEFORE PICTURE OF, BUT AS YOU CAN TELL, THERE'S THE ELEVATED PORCH TO THE LEFT, UM, WHERE AN AT ANDREW'S PROPERTY, AND YOU CAN SEE A FULL, FULL FRAME OF LATTICE OF HOW HIGH IT ACTUALLY SITS ABOVE IT.
UM, YOU KNOW, AGAIN, GETTING BACK TO PRIVACY, THIS IS A, THIS IS THE BEDROOM WINDOW.
IT ACTUALLY LOOKS IN, INTO THE BEDROOM AND INTO A, A BATHROOM WHEN, WHENEVER THE BLINDS AREN'T DRAWN WITHOUT THE, UM, FENCE THERE.
UM, THIS IS AFTERWARDS, UH, EAST FACING AND SOUTH FACING.
UH, YOU KNOW, AGAIN, UH, IT'S DUE TO UNIQUE CIRCUMSTANCES, CIRCUMSTANCES EXISTING ON THE PROPERTY, UM, AND WERE NOT CREATED BY THE OWNER OF THE PROPERTY THEMSELVES.
SO THE MAIN THING I'D LIKE TO POINT OUT TO THE BOARD IS THAT A LOT OF THIS COMES DOWN TO TOPOGRAPHY.
UM, YOU KNOW, THE THREE ADJOINING NEIGHBORS COULD VIEW INTO THE BACKYARD, TWO COULD VIEW INTO BEDROOMS AND LIVING ROOM WINDOWS.
AND THE PREVIOUS FENCE WAS REALLY BEYOND REPAIR.
UM, THERE'S, THERE'S ONE OTHER THING THAT I'D LIKE TO BRING TO THE BOARD'S ATTENTION.
THAT THERE IS A THIRD ENTRYWAY THAT SITS TWO FEET, FOUR INCHES ABOVE THE BASE OF THE FOUNDATION.
UM, SO PRIOR TO THE CONSTRUCTION OF THE EIGHT FOOT FENCE, THIS DOOR COULD BE SEEN FROM THE ROADWAY AND IT WAS HIGHLIGHTED IN OBVIOUS POINT OF ENTRY FOR THOSE TRYING TO GET INTO THE HOUSE.
I TRAVEL A LOT FOR WORK AND MY WIFE WORKS NIGHTS AT SAN ANTONIO, UM, CHILDREN'S HOSPITAL.
SO WHENEVER SHE COMES HOME, YOU KNOW, I LIKE TO KNOW THAT THE ONLY THING IN TERMS OF, OF ENTRY POINTS ARE, ARE REALLY AT THE FRONT AND REAR DOORS.
UM, ON TOP OF THAT, YOU KNOW, THERE'S THE ADDED LIFE LONGER LIFESPAN.
I SAVED UP FOR TWO YEARS TO BUILD THE FENCE, UH, FOR SOMETHING THAT WOULD BE AESTHETICALLY PLEASING.
UM, I WENT WITH CEDAR SO IT WOULD LAST MUCH LONGER.
AND THEN ALL, UH, I DID ALL OF THE, UH, THE STRINGERS AND FENCE POSTS IN A, UH, IN THE, UH, TREATED LUMBER.
UM, SO IT SHOULD LAST FOR MANY MORE YEARS.
UM, I GUESS THERE, OR THIS IS THE, THE LAST PICTURE.
UM, AS YOU CAN SEE, THIS IS THAT EAST DOORWAY.
UM, AND IT'S WELL ABOVE THE HEIGHT OF THE FENCE, EVEN WITH AN EIGHT FOOT FENCE.
UM, THAT'S ALL I CAN REALLY ASK OF THE, THE BOARD.
I, I APPRECIATE IT AND I'M HAPPY TO ANSWER ANY QUESTIONS.
THE ONE THING I WANNA POINT OUT ABOUT, OUT ABOUT WHAT'S IN FRONT OF YOU, IF YOU HAVE QUESTIONS ABOUT ANY METHODS THAT I USE TO DERIVE ALL THIS INFORMATION, IT CAN BE FOUND IN THAT RESEARCH PAPER.
IS ANYONE SOUND TO SPEAK OR ANY VOICEMAILS? UH, YES, WE HAVE A VOICEMAIL, PLEASE.
WE'LL HAVE QUESTIONS FOR YOU AFTER WE HEAR THE VOICEMAIL, SO PLEASE PROCEED.
HI, THIS IS ANDREW EK AT 48 10 BUCKNELL STREET CALLING REGARDING THE, UM, MEETING TAKING PLACE ABOUT 48 14 BUCKNELL STREET.
THE LAST THREE DIGITS OF THE CASE NUMBER IS 0 3 1.
I JUST WANTED TO CALL AND SAY THAT I'M IN COMPLETE SUPPORT OF, UM, THE EIGHT FOOT TALL FENCE AS BEING THE DIRECT NEIGHBOR TO THE LEFT OF THE HOUSE.
UH, DUE TO PRIVACY REASONS WITH MY HOUSE HAVING A RAISED BACK PATIO, I DO NOT HAVE ANY ISSUE WITH THE FENCE.
AND BEFORE WE WERE ABLE TO SEE INTO THE BACKYARD AND INTO PARTS OF THE HOUSE OF 48 14.
SO AGAIN, I JUST WANTED TO COME ON THE RECORD AND SAY THAT I SUPPORT THE FENCE BEING AS TALL AS IT IS AND I HAVE NO ISSUES WITH THE FENCE HEIGHT.
ALRIGHT, SO WITH THAT, DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? UH, MAY I SAY SOMETHING KAPLAN? YES.
I JUST WANNA SAY THIS IS THE MOST THOROUGH, UH, PRESENTATION I'VE HEARD AND YOU'VE ACED THE EXAM.
UH, I'M GONNA JUMP IN ON THIS.
DID, DID YOU PROVI PROVIDE ANY OF THIS TO STAFF? BECAUSE I NOTICED THAT YOU'RE, YOU'RE TALKING ABOUT 1.73 METERS OF DIFFERENCE, WHICH WOULD BE OVER FIVE FEET.
YOU KNOW, THERE'S EXCEPTIONS THAT IF YOU HAVE A FOUR FOOT GRADE CHANGE YOU CAN DO AN EIGHT FOOT FENCE WITHOUT COMING HERE.
I WAS WONDERING IF THAT EVER CAME UP.
I'D NEVER SPOKE WITH ANYONE BECAUSE I DID, I WASN'T AWARE THAT I NEEDED TO GET A PERMIT OR, OR DO ANYTHING WHENEVER THAT CAME TO BE.
I'M SAYING YOU MAY HAVE SAVED YOURSELF SOME MONEY AND TIME IF THAT WOULD'VE BEEN GREAT.
BUT THE, YOU KNOW, REALLY I DID THE, DID THIS TERM PROJECT AS A STUDY, WHENEVER THIS CAME ABOUT, I WAS LIKE, WELL, I'VE GOTTA LOOK AT IT OBJECTIVELY.
HOW CAN I DO THAT? AND SO, YEAH, I WAS SURPRISED.
I DIDN'T KNOW UNTIL I DID THE STATISTICAL ANALYSIS OF IT THAT THERE WAS SOME SUBSTANTIAL DEVIATION FROM LEFT TO RIGHT.
OTHER THAN SURPRISED YOU DIDN'T GRAB THE, UH, FREE ONE FOOT CONTOUR SHAPE FILES FROM SARAH THE RIVER? WELL, I, I DID LOOK, I DID LOOK AT THE
[02:25:01]
CONTOUR SHAPE FILES.THE ONLY THING IS THAT IT WAS, I WAS ALREADY GETTING INFORMATION FROM THE US GEOLOGICAL SOCIETY, SO I JUST PULLED MY DATA FROM THERE 'CAUSE I WAS ALREADY THERE.
ANY OTHER QUESTIONS? COMMISSIONER ZUNA? YEAH, I NOTICED YOU.
THE STRINGERS ARE ON THE OUTSIDE VERSUS THE INSIDE.
AND IF YOU'RE CONCERNED ABOUT SAFETY TO ME, YOU WOULD'VE PUT THE STRINGERS ON THE INSIDE.
SO, SO THE MAJORITY OF THE STRINGERS ARE ON THE, ARE WITHIN THE PROPERTY LINES, UH, OF, OF EACH NEIGHBOR'S PROPERTY.
AND SO IT WASN'T REALLY AN ISSUE FOR US.
IT WAS THE AESTHETIC OUTSIDE AS WELL AS, AS IT WAS MORE OF LIKE, WELL, WE'RE ALSO GONNA LOOK AT, UM, THE, YOU KNOW, WE'RE GONNA LOOK AT IT.
I PUT THE MOST OF, I PUT THE MOST MONEY DOWN ON ALL THE FENCE.
SO I WAS LIKE, WELL, I'M AT LEAST GONNA HAVE IT SOMETHING GOOD TO LOOK AT.
SO IN THIS EXAMPLE, THEY'D HAVE TO JUMP THE CHAIN LINK FENCE FIRST YEAH.
THEY'D CLIMB THE STRINGERS TO GET OVER.
ANY OTHER QUESTIONS? UH, COMMISSIONER ALBERT? YES.
THE INFORMATION YOU PROVIDED WAS, UH, INTERESTING, IF NOT OVERWHELMING.
SO, YEAH, I JUST, YOU KNOW, SARAH DOES A COMPLETE, THE WHOLE COUNTY ONE FOOT CONTOUR, SO CAN'T BEAT IT.
UM, ALRIGHT, IS THERE ANY MORE QUESTIONS
I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE, UH, HEIGHT REQUIREMENT TO ALLOW AN EIGHT FOOT SOLID SCREEN PRIVACY FENCE ALONG THE SIDE AND REAR PROPERTY LINES SITUATED AT 48 14 BUCKNELL, APPLICANT BEING BRADLEY ADAM BUSCH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN A NECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
THE U D C STATES THAT BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION.
THE ADDITIONAL FENCE TWO, TWO FEET IN HEIGHT IS EXTENDED, IS INTENDED TO PROVIDE ADDITIONAL PRIVACY TO THE PROPERTY AND SURROUNDING PROPERTIES BY ALLOWING EXTRA HEIGHT IN AN AREA WHERE ELEVATION CHANGES ARE OBSERVED.
B, THE PUBLIC WELFARE INCONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE.
THE THESE CRITERIA ARE REPRESENTED BY THE FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY.
AN EIGHT FOOT WOOD PRIVACY FENCE LOCATED ALONG THE SIDE AND REAR PROPERTY LINE DOES NOT POSE ANY ADVERSE EFFECTS TO THE PUBLIC WELFARE.
C THE NEIGHBORING PROPERTY WILL NOT SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE BOARD FINDS THAT DEFENSE WILL CREATE ADDITIONAL PRIVACY FOR SUBJECT PROPERTY AND IS UNLIKELY TO INJURE ADJACENT PROPERTIES.
ADDITIONALLY, THE PROPERTY ABUTS A DRAINAGE EASEMENT, THEREFORE WILL, WILL ADDITIONAL SECURITY TO THE PROPERTY.
D THE SPECIAL EXEMPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH, WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE ADDITIONAL TWO FEET IN HEIGHT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE PROPOSED FENCE WILL ONLY BE LOCATED ALONG THE REAR INSIDE PROPERTY LINES.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME THAT REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AND OF MOTION.
ALL RIGHT, IS THERE A SECOND? SECOND.
COMMISSIONER MANNA HAS A SECOND, UH, COMMISSIONER CRUZ? YES, I, I DO CONCUR WITH THIS.
I I SEE THAT IT'S VERY WELL DONE.
UH, HE DID TAKE A LOT OF EFFORT IN SHOWING US ALL THE POSSIBILITIES STAFF.
AND I THINK WITH, UH, NONE OF THE NEIGHBORS OPPOSING IT, IT WILL BE A, A GOOD EFFECT FOR THE PROPERTY.
ALRIGHT, UH, ANYONE ELSE LIKE TO ADD HEARING NONE? UH, STAFF, PLEASE TAKE A ROLL CALL VOTE MS. CRUZ.
I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
MR. THI YES, I CONCUR WITH THE FINDINGS OF FACT.
[02:30:01]
ZUNA? YES, I CONCUR.MAY I ALSO CONCUR WITH THE FINDINGS OF FACT? MOTION PASSES NINE TO ZERO.
DO YOU HAVE ANY QUESTIONS? I TALK TO STAT THANK YOU'ALL.
DISTRICT ONE, UH, COUNCIL A REQUEST FOR A TWO FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENTS TO ALLOW A STRUCTURE WITH ONE FOOT OVERHANG TO BE TWO FOOT TWO INCHES FROM THE SIDE PROPERTY LINE APPLICANT IS MARIA GARCIA.
ZONING IS R FOUR SINGLE RESIDENTIAL.
THE SUBJECT PROPERTY IS LOCATED AT 1635 ARB PLACE.
AND THIS IS A SINGLE FAMILY DWELLING.
THE APPLICANT DEMOLISHED AN EXISTING STRUCTURE AND CONSTRUCTED ANY STRUCTURE WITHOUT PERMITS UPON THE SITE VISIT CONDUCTED BY STAFF.
THE LEFT SIDE OF THE STRUCTURE APPEARS TO BE TWO FOOT TWO INCHES WITH A ONE FOOT OVERHANG FROM THE SIDE PROPERTY LINE.
THE MINIMUM SIDE SETBACK IS FIVE FOOT FROM THE PROPERTY LINE.
CURRENTLY A BUILDING PERMIT IS ON FILE AND CANNOT BE ISSUED DUE TO THE SITE SETBACK ISSUE.
SITE PLAN, THIS IS A STOP WORK ORDER THAT WAS ISSUED BY THE STRIKE TEAM ON SEPTEMBER 14TH, 2021.
SUBJECT PROPERTY, SUBJECT PROPERTY, SUBJECT PROPERTY SURROUNDING AREA SITE RECOMMENDATION FOR SITE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO O A 2 2 1 0 3 0 0 3 3 BASED ON THE FIND FOLLOWING FINDINGS OF FACT, THE ORIGINAL STRUCTURE WAS DEMOLISHED AND BUILT WITHOUT A PERMIT.
THE NEW STRUCTURE SETS TWO FEET 10 INCHES FROM THE SIDE PROPERTY LINE, AND IT HAS A ONE FOOT OVERHANG AND THERE'S ADEQUATE SPACE TO COMPLY WITH THE FIVE FOOT SIDE SETBACK REQUIREMENT.
THIS CONCLUDES STAFF'S PRESENTATION AND, UH, APPLICANT IS AVAILABLE FOR QUESTIONS.
THE APPLICANT COME FORWARD AND STATE YOUR NAME AND ADDRESS FOR THE RECORD.
I'M THE, UH, ENGINEER HIRED BY, UH, THE GARCIA, UH, GARCIAS TO, UH, PREPARE PLANS.
THEY, UH, STARTED, UH, THIS WAS AN EXISTING PROPERTY IN, OH, YOU HAVE TO STATE YOUR ADDRESS FOR THE PARDON? YOU HAVE TO STATE YOUR ADDRESS FOR THE PROPERTY.
THEY, UH, THEY ORIGINALLY, UH, UH, DID NOT DEMOLISH THIS PROPERTY.
UH, WE, WE YOU HAVE TO STATE YOUR ADDRESS.
46 31 VANCE JACKSON, SUITE 1 0 1 SAN ANTONIO, 7 8 2 3 OH.
AND, UH, THE GARCIA'S PURCHASED HIS PROPERTY.
AND, UH, THE MR. GARCIA DID NOT DEMOLISH THE PROPERTY.
HE WAS REHABBING, REHABBING IT.
UH, IT, WHERE IT SITS CURRENTLY IS WHERE IT WAS ORIGINALLY SITTING.
UH, HE, HE WAS JUST REINFORCING, UH, WALLS AND, UH, REHABBING THE STRUCTURE FROM ITS ORIGINAL CONDITION.
AND, UH, AT THAT POINT, UH, AFTER THE STRIKE TEAM HIT, HE ENGAGED ME TO PREPARE PLANS.
UH, I SUBMITTED THESE PLANS TO THE CITY FOR, UH, PERMITTING.
AND THAT'S WHEN THEY, UH, STATED THAT WE WERE, UH, TOO CLOSE TO THE PROPERTY.
I, UH, WENT BACK TO HIM AND I TOLD HIM IT WAS THE ORIGINAL POSITION OF THE PROPERTY THAT IT, IT HAD NOT BEEN, UH, DEMOLISHED.
AND, UH, THEY SAID WE STILL HAD TO GET A VARIANCE.
UM, IS THERE ANYBODY SIGNED TO SPEAK ANY VOICEMAILS AT PLAY? UH, WE HAVE ONE PERSON SIGNED TO SPEAK.
SO WHAT WE'RE GONNA DO IS WE'RE GONNA HEAR FROM CITIZENS TIME TO SPEAK, AND THEN WE MAY HAVE QUESTIONS.
HOW YOU DOING RUSSELL LAN 24 10 WEST COMMERCE I, AMONG THE FOSTER KILL ASSOCIATION BOARD MEMBER? UH, WHEN THIS WAS BROUGHT TO US, UH, WE WERE LOOKING AT HOW FAR IT WAS SET BACK.
WE HAD A CONCERN ABOUT THE OVERHANG BEING SO CLOSE, EVEN WITH GUTTERS AT THE WATER, MOST LIKELY WOULD GO NEXT DOOR, AND THAT WOULD BE AN ISSUE TRYING TO FLOOD NEXT DOOR.
SO WE WERE RECOMMENDED TO LEWIS TO CUT 12 INCHES.
THAT WAY THE OVERHANG WOULD BE SHORTENED AND THE WATER WOULD STAY ON, ON THAT PARTICULAR PROPERTY AND NOT OVERFLOW NEXT DOOR.
SO WE SAID WE, WE WOULD BE IN FAVOR IF YOU COULD AMEND THAT, WE WOULD BE IN FAVOR OF, OF THE, UH, OF THAT CHANGE.
SO, ANY COMMISSIONER QUESTIONS? CRUZ? COMMISSIONER CRUZ.
UM, CAN THE PROPERTY OWNER OR THE REPRESENTATIVE PLEASE? I'VE GOT, I'M TRYING TO FIGURE OUT WHAT YOU'RE TRYING TO DO.
[02:35:01]
THE, THE, UH, ORIGINAL HOUSE WAS NEVER DEMOLISHED.SO WHAT ARE THEY TRYING TO DO? ADD TO THE HOME? NO, THERE WAS NO ADDITION.
WAS IT TAKEN? IT WAS IN A, IT WAS IN, UH, POOR CONDITION WHEN HE PURCHASED IT.
SO LET, LET ME, LET ME ASK SOME QUESTIONS.
SO THE FOUNDATION STAYED THE SAME? YES.
THE EXTERIOR WALL STAYED THE SAME OR YOU JUST YES.
DEC CLADDING ON THE OUTSIDE WAS NOT REMOVED OR ANYTHING? UH, YEAH, HE REFLECTS THE EXTERIOR SIDING.
BUT THE FRAMES REMAIN THAT REMAINED.
SO, SO STAFF, IF HE KEPT THE FRAMING AND HE KEPT THE FOUNDATION, DOES THAT QUALIFY FOR ANY SORT OF A EXCEPTION OR SOMETHING? WHAT TRIGGERS WHAT HAPPENS IS THAT IT'S NON-CONFORMING.
WHAT TRIGGERS IT IS IF 50% OF THE IMPROVEMENT, IF THE IMPROVEMENTS EXCEED 50% OF THE VALUE OF THE, OF THE STRUCTURE.
AND TRIGGERS THE REQUIREMENTS WITH THE CODE.
DID, DID WE, SO DO YOU AGREE THAT YOU'RE IN EXCESS OF THE 50% OR DO YOU FEEL YOU ARE LESS THAN 50%? I, I WOULD, UH, CONSIDER THAT THIS WAS MORE THAN 50%.
'CAUSE THE HOUSE WAS IN, UH, IN POOR CONDITION AND HE, UH, HE REHABBED THE WHOLE THING.
SO COMMISSIONER CRUZ, DO YOU HAVE ANY FOLLOW UP QUESTION? UH, WELL, IS THERE A PICTURE OF THE OLD FRAME OF THE HOUSE? IS IT ON GOOGLE BY ANY CHANCE? I'M PRETTY SURE THERE IS.
ANYONE BRING IT UP? WE DO NOT HAVE ONE, UH, WITH US RIGHT AT THIS POINT, BUT, UH, I'M SURE THERE HAS TO BE, UH, OLD PHOTOS SHOWING THAT FO THAT RESIDENCE THERE.
YEAH, BECAUSE I KNOW THE NEIGHBORHOOD AND I KNOW ALL THE HOMES ARE ANYWHERE FROM 60 TO 80 YEARS OLD DEPENDING ON WHEN THEY WERE BUILT.
SO I'M JUST WONDERING IF THERE'S ANY WAY OF LOOKING AT IT.
UH, HOW RECENTLY DID HE PURCHASE THE PROPERTY? IT WAS ABOUT SIX MONTHS WHEN HE STARTED, UH, RECONSTRUCTION OF IT.
SO THERE, THERE SHOULD BE SOMETHING FAIRLY RECENT SHOWING IT.
IS THIS THE, THE PROPERTY OF THE WAY IT LOOKED BEFORE? YES, MA'AM.
UH, COMMISSIONER KAPLAN, UH, FOR THE HOMEOWNER, UM, I'M LOOKING AT THE PHOTO OF YOUR SUBJECT PROPERTY AND YOU LOOKS LIKE THE FOOTINGS ARE NEW.
AM I ON YOUR FOUNDATION? THEY ARE NEW.
THEY'VE ALL BEEN, UH, UH, CAN YOU SPEAK, I'M SORRY.
SO YOU SAID THAT YOUR FOUNDATION IS THE SAME, BUT, WELL, IT'S THE SAME.
THE ONLY THING IT, IT'S ON PIERCE, SO THE ONLY THING THEY DID WAS THE, UH, HOUSE WAS UNLEVELED AND, UH, IN DISARRAY.
WELL, THEY'VE REINFORCED IT AND REPAIRED IT, BUT IT WASN'T CHANGED.
IT STAYED IN THE SAME POSITION WITH THE SAME NUMBER OF PIERS.
THEY JUST TOOK THE OLD STUFF OUT AND REPLACED THEM WITH NEW, UH, NEW PIERS AND NEW FRAMING WHEREVER THEY NEEDED IT.
BUT THE, AND SO, BUT WAS THE, WAS THE, UH, WAS THE WOOD REUSED, UH, ON THE, ON THE P BEAM, WHICH YOU JUST REPLACED THE NO, HE, UH, HE REPLACED THE WOOD ALSO BECAUSE THAT, THAT WOOD WAS ROTTED.
SO IT WAS, IT'S THE FOUNDATION WAS REPLACED AS IS BASICALLY, YES.
HE JUST, UH, REPAIRED AND REPLACED.
UH, I ALSO, UH, SIR, IF YOU COME BACK,
UH, ANY OTHER QUESTIONS? QUESTION, I GUESS FOR STAFF, MR. THE QUESTION IS TO WHY THIS WASN'T PICKED UP, I GUESS, DURING THE PERMITTING PROCESS ORIGINALLY VERSUS NOW THAT WE'RE SEEING IT AFTER THEY'VE DONE THE FOUNDATIONAL WORK AND STARTED THE WORK ALREADY THEY WERE BUILDING WITHOUT PERMITS.
SO THAT PERMITTING REVIEW DIDN'T HAPPEN, SIR.
BUT THE PERMIT REVIEW DID HAPPEN.
I SUBMITTED PLANS AND THEY, THAT'S WHEN THEY SUBMITTED, UH, THE COMMENT TO ME THAT I, WE, UH, THAT MY CLIENT NEEDED TO, UH, GET A VARIANCE AND I TOLD THEM THIS WAS AN EXISTING HOUSE.
THEY SAID WE STILL NEED A VARIANCE.
SO, AND, AND THE STOP WORK ORDER WAS ISSUED IN APRIL OF 2021.
AND SO THE, WE DID REVIEW THE PLANS THAT, THAT LED YOU HERE? YES.
UM, BUT BEFORE THE BUILDING WAS, WHEN, WHEN HE STARTED, HE DIDN'T GET A PERMIT? UH, THAT'S RIGHT.
SO THAT'S WHAT TRIGGERED ALL THIS.
THAT'S, THAT'S WHERE IT WOULD'VE TRIGGERED? YES.
SO NOW THAT WE KNOW THE SITUATION, NOW THAT GOING FORWARD, ALL WORK WILL BE PERMITTED WORK, AND THE HAS BEEN, SIR THAT'SS, ONE OF THE REASONS WHY WE SUBMITTED THE, UH, THE PLAN SO WE COULD PULL
[02:40:01]
PERMITS AND THAT'S WHERE IT STUCK RIGHT NOW, BECAUSE WE HAVE TO GET THIS VARIANCE.AND THEN ALL FUTURE WORK WOULD BE OBVIOUSLY UNDER, WITHIN THE PERMITTING PROCESS HAS TO BE NOW, RIGHT? YEAH.
THEY'RE, THEY'RE UNDER THE MICROSCOPE NOW.
UH, ANY OTHER QUESTIONS? I JUST HAVE ONE MINKA COMMISSIONER MINKA.
UH, IN TERMS OF TERMINOLOGY ON THE CASE SUMMARY, UH, IT'S A PROPER USE WHEN REMODELED MORE THAN 50% RATHER THAN DEMOLISH, WHICH IMPLIES YOU DEMOLISH, YOU DESTROY THE WHOLE THING.
DEMOLITION IS GONNA HAVE A DIFFERENT REVIEW PROCESS BECAUSE THERE WAS A DEMOLITION PERMIT, UH, PROCESS THAT HAS TO HAPPEN FIRST.
UM, UH, AGAIN, THIS WAS BASED ON THE INFORMATION THAT WE HAD AT THE TIME.
IT LOOKED LIKE THE ORIGINAL STRUCTURE.
IT LOOKS VERY DIFFERENT THAN WHAT WAS THERE BEFORE.
AND SO BASED ON WHAT WE SAW, WE THOUGHT THAT IT WAS AN ACTUAL DEMOLITION OF THE PREVIOUS STRUCTURE AND A NEW AND, AND, AND SOME SORT OF REBUILD OR NEW CONSTRUCTION, BECAUSE THE OLD ONE JUST DIDN'T SEEM TO BE THERE ANYMORE.
SO WHAT HE'S CLARIFYING FOR THE RECORD IS, UH, BASICALLY A, A RENOVATION, BUT IT EXCEEDS 50%.
AND THIS QUESTION'S FOR THE APPLICANT.
UM, COULD YOU SPEAK ABOUT THE HARDSHIP THAT WOULD BE CREATED IF YOU WOULD HAVE TO COMPLY WITH THE FIVE FOOT, UM, SETBACK REQUIREMENTS, BUT THAT'S WITHIN THE EXISTING CODE? UH, THAT WOULD CREATE AN, AN UNUSUAL HARDSHIP ON THE OWNERS.
THEY DON'T HAVE THAT KIND OF MONEY TO, THEY'RE, UH, TAKING ALL THE MONEY THEY CAN TO, UH, INVEST IN THIS PROPERTY SO THAT THEY CAN, UH, UH, EMBED, UH, BETTER THEMSELVES WITH IT.
AND THEY TOOK A LOT OF WHAT THEY, UH, HAVE TO REALLY IMPROVE THIS PROPERTY.
IT WAS, YOU SAW THE CONDITION IT WAS IN PREVIOUSLY.
AND SO THEY'VE NOT ONLY, UH, INVESTED THEIR OWN MONEY INTO THIS, BUT THEY'VE ALSO IMPROVED AND ENHANCED THE NEIGHBORHOOD BY, UH, TAKING A DUMP AND TURNING IT INTO A REAL SILT UH, PURSE.
I WOULD IMAGINE IF THE ROOMS WOULD BE UNUSABLE, UNUSABLE IF THEY HAD TO.
UH, WELL, UH, IT WOULD BE, UH, EXTREMELY DIFFICULT TO, UH, TO PICK THAT THING UP AND MOVE IT.
'CAUSE THAT'S THE NEXT, UH, ISSUE IS YOU'D EITHER HAVE TO CUT OFF A SECTION TO HAVE IT, UH, WITHIN THAT FIVE FOOT, UH, SECTION, OR PHYSICALLY MOVE THE WHOLE BUILDING, WHICH IS GONNA TEAR EVERYTHING UP.
SO I HAVE A QUESTION FOR MR. FALLON.
SO YOU HAD MENTIONED THAT YOU, YOU SIT ON THE PROSPECT HILL NEIGHBOR ASSOCI.
AND, AND WHAT BEFORE US TODAY, THAT BOARD DOESN'T HAVE A PROBLEM WITH THIS ABOUT THE OVERHANG? NO.
OR, OR THE, A PROBLEM WITH THE, WITH THE, THE HOUSE ITSELF BEING SO, SO CLOSE? WELL, I MEAN, BEING IN THE NEIGHBORHOOD FOR AS LONG AS I'VE HAD, I'VE SEEN A LOT OF HOUSES GET TORN DOWN JUST BECAUSE THEY'RE TOO CLOSE TO PROPERTY LINES AND STUFF LIKE THAT.
AND, AND, UH, I'D RATHER TRY AND SAVE PROPERTIES IN THE NEIGHBORHOOD MORE THAN TEARING THEM DOWN JUST BECAUSE THEY'RE OFF BY TWO OR THREE FEET AND TO GET A VARIANCE TO SAVE A LOT OF PROPERTIES, THAT'S WHAT WE'RE FOR, IS TO SAVE THE PROPERTY EVEN THOUGH IT IS A LITTLE CLOSER, UH, AND, AND MOVE A WINDOW MAYBE BECAUSE IT, WE'D HAVE TO FIRE RATE IT.
UH, IT'S EASIER TO DO THAT MORE THAN TEARING DOWN SOMETHING THAT'S BEEN THERE FOR A WHILE.
WELL, WHAT I'M NOTICING IS A LOT OF THE ON THE STREETS, PARTICULARLY THE, THE, THE LOTS ARE VERY NARROW.
LIKE THIS ONE'S SHOWN TO BE LIKE 38 FEET WIDE, AND, UH, IT LOOKS LIKE A LOT OF THE HOMES ARE CLOSE ON ONE SIDE AND THEY GOT THE FIVE FEET ON THE OTHER.
UH, BUT, BUT THEY ALWAYS ARE AN OPPOSITE FROM THE HOMES NEXT TO THEM.
SO THERE'S, THEY HAVE THE CLEARANCE BECAUSE IT, LIKE HIS NEIGHBOR WHERE HE'S ASKING FOR THE TWO FOOT HAS A DRIVEWAY AND IT'S LIKE INTENDED TO BE MORE OPEN.
SO IS THAT COMMON IN THE NEIGHBORHOOD? IT, AND A LOT OF TIMES, BECAUSE THE, THE LOTS ARE, ARE NOT THAT WIDE, SOMETIMES PEOPLE BUILD HOUSES A LITTLE CLOSER TO THE PROPERTY LINE, NOT KNOWING SETBACKS, AND THEY END UP BEING GRANDFATHERED IN FOR SO MANY YEARS.
ONE, ONE MORE QUESTION FOR STAFF.
UH, THEY'RE ONLY ASKING FOR THE SETBACK ON ONE SIDE, CORRECT? CORRECT.
SO FOR THE, UH, FOR THE NEIGHBORHOOD ASSOCIATION.
SO YOU MENTIONED ABOUT SHAVING OFF, UM, YES, SIR.
THE, THE, THE, UH, THE ROOF OVERHANG.
SO, SO WHAT WILL, WHAT IS IT THAT YOU'RE EXPECTING WITH REGARDS TO THE ROOF OVERHANG? WHAT IS IT? THE DISTANCE? WELL, WHAT I WAS RE UH, RECOMMENDING IS WE, WE CUT OFF 12 INCHES OFF THE OVERHANG SO THE WATER WILL KEEP ON OUR PROPERTY OR THE SUBJECT PROPERTY MORE THAN ON A BIG RAIN.
ALL THE WATER WOULD END UP BACKING UP ON THE GUTTER AND THEN END UP NEXT DOOR WHERE IT WOULD FLOOD.
AND A LOT OF NEIGHBORS DON'T LIKE WATER HITTING THEIR PROPERTY OR HITTING THEIR PLANTS AND STUFF WHEN IT, WHEN IT SHOULD STAY ON YOUR PROPERTY.
AND CODE COMPLIANCE HAS, HAS HAD SOME ISSUES WHERE
[02:45:01]
ROOFS END UP HAVING EXTENSIONS WHERE THE WATER GOES NEXT DOOR.SO WE RECOMMENDED THAT WE CUT OFF A FOOT AND TRY AND KEEP THE WATER ON OUR SUBJECT PROPERTY AS MUCH AS WE CAN.
SO RIGHT NOW IT'S, UH, IT'S, IT'S UH, I GUESS THE OVERHANGS TOO BIG TO THE WATER WOULD GO NEXT DOOR.
SO, SO DO YOU CONSIDER THE OVERHANG TOO BIG AS IT'S CURRENT? RIGHT.
SO IT GOT 24 INCH OVERHANG ON THERE, WHICH IS COMMON IN A LOT OF HOUSES.
SO, SO YOU'RE OKAY WITH THE CURRENT OVERHANG THAT'S CURRENTLY LIFTED? YEAH, WE'RE LOOKING AT TRYING TO CUT IT BACK 12 INCHES.
SO, SO WE'RE ASKING FOR THE APPLICANT, THEN THEY MOVE IT BACK 12 INCHES IS WHAT YOU'RE ASKING, RIGHT, RIGHT.
I I THINK IT'S ALREADY IN THERE.
'CAUSE THEY'RE ASKING, THAT'S WHAT'S ASKING.
YOU'RE SAYING IT'S TWO FOOT NOW? WELL, RIGHT NOW IT'S TWO FEET.
SO WE'RE LOOKING AT CUTTING 12 INCHES AND JUST DOING THE SAW SAW ALL THE WAY DOWN.
THE VARIANCE REQUEST IS FOR A 12, SIR, THE VARIANCE REQUEST IS FOR A 12 INCH.
SO IT LOOKS LIKE THAT'S ALREADY INCORPORAT TRYING AND CUT UP 12 INCHES OFF THE OVERHANG.
YEAH, SO THAT'S, HE'S, IT LOOKED LIKE THEY'RE INCORPORATING THAT INTO THE REQUEST, SO, OKAY.
SO LIKE, I GOT CONFUSED THERE A LITTLE BIT.
SO, SO IT LOOKS LIKE THEY'RE COMPLYING WITH WHAT IT'S THAT YOU'RE ASKING FOR BASED ON THE WHAT'S CURRENTLY LISTED, RIGHT? YES.
ANY OTHER QUESTIONS? HEARING NONE.
I LOOKING FOR A MOTION TEAL COMMISSIONER TEAL REGARDING CASE NUMBER BOA DASH 22 DASH 0 3 3 3.
I MOVE TO THE BOARD OF ADJUSTMENT GRANT REQUESTS FOR A TWO FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT AS DESCRIBED IN SECTION 35 DASH THREE 10 TO ALLOW THE STRUCTURE WITH A ONE FOOT OVERHANG TO BE TWO FOOT TWO INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 1 6 3 5 ARBOR STREET, APPLICANT BEING MARIA 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 THE 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 APPLICANT IS REQUESTING A TWO FOOT 10 INCH VARIANCE TO ALLOW THE STRUCTURE WITH ONE FOOT OVERHANG TO BE TWO FOOT TWO INCHES FROM THE SIDE PROPERTY LINE, WHICH DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST.
TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP.
BY IMPOSING A LITERAL ENFORCEMENT, THE OWNER WOULD HAVE TO MOVE THE STRUCTURE, WHICH WOULD REDUCE THE AMOUNT OF SPACE FOR A DRIVEWAY.
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 SETBACK IS TO PROVIDE SPACE TO REDUCE LIFE SAFETY RISKS.
THE REQUEST TO APPEARS TO OBSERVE THE SPIRIT OF THIS 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.
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 TWO FOOT 10 INCH VARIANCE WILL NOT POSE A RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES NOR NEGATIVELY AFFECTING NEG NEIGHBORING PROPERTIES AND DOES NOT SEEM TO LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE.
UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULTS OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS THAT THE PLY TO THE PROPERTY OWNER IS SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IN THAT THE STRUCTURE IS EXISTING AND THE LOT DOES NOT PROVIDE ENOUGH ROOM TO ABIDE BY THE SETBACKS.
IS THERE A SECOND? SECOND, SECOND.
SO I'LL BE IN SUPPORT OF THIS.
UH, THEY'RE USING AN, AN EXISTING FOOTPRINT THAT'S SOMEWHERE BETWEEN 60 AND 80 YEARS OLD.
UH, YOU KNOW, IS IT WAS THE IMPOSITION OF THE ZONING THAT CREATED THE NON-CONFORMITY.
AND FOR THAT REASON, I'LL BE IN SUPPORT.
COMMISSIONER MADS, MY COLLEAGUE.
IS THERE ANYONE ELSE LIKE TO ADD HEARING NONE.
STAFF PLEASE TAKE A ROLL CALL VOTE.
MR. THI I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACTS.
I ALSO CONCUR THE FINDINGS OF FACT.
[ Approval of Minutes ]
RIGHT.UH, WERE THERE ANY OTHER CHANGES? I SUBMITTED A FEW THAT'S ALREADY BEEN UPDATED.
UH, CAN WE HAVE A MOTION PLEASE? MOTION TO APPROVE.
[02:50:01]
MS. KAPLAN? YES.[Other Items ]
DIRECTOR'S REPORT.ONE FROM OUR CONTRACTOR CONNECTION.
ALSO, UM, PER THE ATTACK COMMITTEE.
SO WE DID HAVE A REVIEW ON THE BARBERSHOP, UH, SLASH UM, I GUESS, UH, UM, BEAUTY SALONS.
UM, AND SO, SO THAT DID MOVE THROUGH.
UM, SO THAT IT'S NO LONGER BE REQUIRED TO COME BEFORE TAC ASSUMING OR BEFORE A BOARD OF JUSTICE AS LONG AS, UH, IT GETS APPROVED BY ZONING.
RIGHT? OR OR BY THE, BY THE COMMISSION, RIGHT? YEAH.
SO THAT, AND ONCE, ONCE ALL THAT PTAC REVIEW IS DONE, IT GOES THROUGH THE BOARDS AND COMMISSIONS FOR AN OFFICIAL RECOMMENDATION.
SO YEARS FROM NOW, WE WON'T BE HEARING THAT CASE.
IF IT, IF IT GOES THROUGH
SO I HEREBY ADJOURN THE MEETING, UH, APRIL 4TH BOARD OF ADJUSTMENT.