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I'M GONNA CALL THE MEETING OF, UH, APRIL 18TH.
BO O A INTO SESSION STAFF, IF YOU COULD PLEASE CONDUCT ROLL CALL MS. KAPLAN.
AND I'M ALSO PRESENT, SO WE HAVE A QUORUM OF 11 PEOPLE.
CAN WE HAVE THE SPANISH INTERPRETER COME OUT PLEASE? THANK YOU.
UH, SO IF EVERYONE CAN PLEASE CHECK THEIR MOBILE PHONES AND MAKE SURE THEY'RE SILENT.
UH, WE'RE GONNA ASK YOU TO PLEASE STAND IN FOR THE PLEDGE OF ALLEGIANCE.
[ Briefing and Possible Action on the following items ]
SO, BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.UH, THE BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE.
UH, THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS.
UH, FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS.
I ASK THAT THE BOARD MEMBERS MEET, SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
SO, WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY, NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN THE PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND THE TEXAS SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER, UNDER CHAPTER 35, AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDINGS, AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER.
AFTER EVERYONE HAS HEARD THE CASE, IT'LL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION.
IN ORDER FOR A MOTION TO CARRY.
IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FROM ADMINISTRATIVE OFFICIALS.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW.
BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
IF EVERYONE COULD PLEASE LIMIT THEIR PRESENTATION REMARKS TO THE PERTINENT FACTS OF YOUR CASE.
UH, 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 INDICATE THOSE PROPERTY OWNERS IN OPPOSITION.
FOLLOWING THIS PRESENTATION AND ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION.
YOU WILL BE CALLED AN ORDER THAT YOU SIGNED UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED
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TO UTILIZE THE MAXIMUM TIME LIMITATION FOR THOSE THAT WILL GIVE.FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF NINE MINUTES.
AND 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.
SO ITEMS NUMBER ONE AND TWO IN THE AGENDA HAVE BEEN WITHDRAWN.
SO WE'RE GONNA START WITH ITEM NUMBER THREE.
AGENDA ITEM NUMBER WAS CONTINUED.
UH, THIS CASE WAS CONTINUED FROM THE MARCH 21ST MEETING.
UM, THE CASE NUMBER IS BO O A 21 1 0 3 0 0 1 5 7.
THE SUBJECT PROPERTY IS LOCATED AT FIVE 19 WEST KINGS HIGHWAY WITHIN COUNCIL DISTRICT ONE.
UM, THE APPLICANT IS FELIZ DENOVO AND THE REQUEST IS FOR A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT REQUIREMENT TO ALLOW AN EIGHT FOOT SOLID SCREEN FENCE ALONG THE SIDE AND REAR PROPERTY LINES.
THE ZONING OF THE PROPERTIES ARE SIX.
SO SUBJECT PROPERTY IS LOCATED ALONG WEST KINGS HIGHWAY.
UM, AS MENTIONED, THE APPLICANT IS PROPOSING AN EIGHT FOOT FENCE ALONG THE SIDE YARD AND THE REAR, UH, PROPERTY LINE.
THERE WERE NO OTHER EIGHT FOOT FENCES OBSERVED IN THE SURROUNDING AREA UPON OUR SITE VISIT.
UM, THERE WAS ALSO A NEW FENCE ALONG THE, UH, THE SIDE YARD.
IT'S THE GATE ENTRYWAY TO THE, TO THE DRIVEWAY.
THIS IS THE IMAGE OF THE SITE PLAN AND THE SUBJECT PROPERTY.
UM, THIS IS THE FENCE THAT WAS REPLACED, WHICH IS SHOWN IN THE NEXT PICTURE HERE.
AND THAT'S THE EXISTING, UH, SOLID SCREEN FENCE, WHICH THEY'RE PROPOSING TO REPLACE WITH AN EIGHT FOOT FENCE.
AND THE SURROUNDING AREA STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT.
ONE, THERE DO NOT APPEAR TO BE UNIQUE FEATURES EXISTING ON THE PROPERTY.
AND TWO, THE PROPOSED FENCE APPEARS TO BE OUTTA CHARACTER WITH THE SURROUNDING NEIGHBORHOOD.
STAFF MAILED 30 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET, NONE OR RETURN.
UH, THERE WERE FOUR RETURN OPPOSITION.
THE ALTA VISTA NEIGHBORHOOD ASSOCIATION IS OPPOSED.
UM, THERE WERE NO RESPONSES RECORDED IN FAVOR, BUT WE DID, WE WERE PROVIDED OF SOME RESPONSES IN ADDITION TO WHAT WE RECEIVED, UM, ABOUT A COUPLE HOURS AGO.
SO I KNOW THE APPLICANT HAS THOSE TO PRESENT.
IS THE APPLICANT PRESENT? YES.
IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
YOU CAN BEGIN YOUR PRESENTATION.
HELLO, MY NAME IS FELICE DENOVO.
THANK YOU ALL FOR LETTING ME, UM, CONTINUE THIS FOR TODAY.
UM, AS MS. LEAL ME, YOU HAVE TO STATE YOUR ADDRESS FOR THE RECORD, PLEASE.
OH, MY ADDRESS IS FIVE 19 WEST KINGS HIGHWAY.
AS MS. MS LEAL MENTIONED, I DO HAVE, UH, OR SUBMITTED A FEW HOURS AGO THE RESPONSES IN FAVOR FOR THE FENCE VARIANCE REQUESTS THAT I'VE MADE.
UM, I'VE SUBMITTED 102 AND I, UH, 24 OF WHICH ARE, UH, WITHIN 200 FEET OF MY PROPERTY.
I'M NOT SURE IF YOU COULD SHARE THAT.
SO WHERE I PLACED THE CHECK MARKS ARE THE PEOPLE THAT HAVE RESPONDED IN FAVOR OF MY FENCE VARIANCE REQUEST.
ONE THAT MS. LEAL SHOWED THAT WAS IN OPPOSITION.
I BELIEVE FIVE, UH, 18 WEST KINGS HIGHWAY IS A DUPLEX.
UH, BROTHER AND SISTER RESIDE THERE.
THE BROTHER, UM, SIGNED IN FAVOR AND THE SISTER SIGNED, UH, OPPOSED.
I'M NOT SURE IF YOU WERE PROVIDED THEM, BUT I CAN GO AHEAD AND SHARE MY OWN COPIES.
THE REASON FOR MY FENCE VARIANCE REQUEST IS BECAUSE OF PRIVACY AND QUALITY OF LIFE.
MY HOUSE IS A SINGLE STORY, UH, HOUSE.
I'M FLANKED BY TWO, TWO STORY HOUSES THAT HAVE, UM,
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BIRD'S EYE VIEW OF MINE AND MY SON'S BEDROOMS. MY SON IS HERE WITH ME VISITING FROM COLLEGE UT AUSTIN, AND HE CAME SPECIFICALLY FOR THIS HEARING.SO I'M TRYING TO FIND THE HOUSE, A PICTURE OF THE HOUSE THAT SHOWS THAT THIS ONE HAS A LITTLE BIT OF VIEW, A LITTLE BIT OF A VIEW OF THE TWO STORY HOUSES THAT FLANKED ME.
SO AS YOU CAN SEE, THE TWO STORY HOUSES ON EITHER SIDE OF MY PROPERTY, UM, YOU CAN EVEN SEE AT THE GABLE OF THE PROPERTY ON THE RIGHT, THEY HAVE, UH, WINDOWS ON THE SECOND FLOOR, UM, PERFECT VIEW OF OUR BEDROOMS. SO I GUESS RIGHT NOW I'LL GO AHEAD AND SH I SHARED THESE WITH YOU ALL A MONTH AGO, BUT I THINK THAT IT WOULD PROBABLY BE A GOOD IDEA TO SHARE THEM AGAIN IN NO PARTICULAR ORDER.
UH, THIS VIEW IS OF MY NEIGHBOR'S, UM, VIEW OF OUR DINING ROOM WHERE I WORK WITH, UH, CHILDREN AND, UH, FAMILIES IN MY THERAPY PRACTICE.
THIS VIEW IS OF THE, OR THE PICTURE IS OF THE, UH, NEIGHBORS AT FIVE 15 FROM THEIR UPSTAIRS, UH, SEWING ROOM WITH A BED IN IT.
AND THE, THE PICTURE IS TAKEN FROM MY SON'S BEDROOM.
SO THEY HAVE A REALLY GOOD VIEW OF MY SON'S BEDROOM.
THIS PICTURE IS A PICTURE FROM MY SON'S BEDROOM.
AND YOU CAN SEE THOSE SAME WINDOWS AT THE TOP GABLE.
GOING BACK TO, UM, OF YOU FROM MY OTHER NEIGHBORS.
OH, IF YOU COULD TURN IT, UH, VERTICAL.
SO THAT'S WHERE I DO MY PRIVATE PRACTICE THERAPY.
SO AS YOU COULD SEE, THE UPSTAIRS WINDOWS, THEY CAN SEE ME.
UM, IN ALL HONESTY THOUGH, THE TWO FOOT, UH, LATTICE WOULD NOT PREVENT THAT.
BUT THE TWO FOOT LATTICE WOULD PREVENT, UM, OUR VIEW.
UM, SO YOU CAN SEE THE SIX FOOT FENCE THERE.
AND IF WE WERE TO PUT TWO FEET OF LATTICE ABOVE THAT TO EQUAL EIGHT FEET, THEN IT WOULD BLOCK OUR VIEW OF THAT BEDROOM FROM WHICH I HAVE SEEN MANY, UM, SEX ACTS, UM, OVER THE YEARS BECAUSE, UH, THAT PROPERTY HAS BEEN TO RENTAL PROPERTY.
AND SO THEY'VE HAD MANY PEOPLE COMING IN AND OUT OF THOSE HOMES.
THE TWO FOOT FENCE, UH, VARIANCE OR THE LATTICE WOULD ALSO PROVIDE PRIVACY FOR MY NEIGHBORS.
SO HERE YOU CAN SEE THAT I CAN EASILY SEE WHO COMES, WHO GOES, AND IF WE HAD THE LATTICE, THEY WOULD HAVE PRIVACY TOO.
THIS IS A VIEW FROM MY RESTROOM, UM, AND THE BED.
UM, AND SO IN THE BACKGROUND YOU CAN SEE A WINDOW FROM MY NEIGHBORS.
SO YES, THEY CAN SEE INTO MY BEDROOM, UH, AND MY RESTROOM.
AND I DON'T KNOW ABOUT YOU LADIES, BUT, UM, SOMETIMES WE LIKE TO PUT ON OUR MAKEUP IN FRONT OF THE MIRROR AND WE'RE NOT COMPLETELY DRESSED.
SO IT'S VERY AWKWARD AND VERY DIFFICULT.
UM, I HAVE TO REMEMBER ALWAYS TO PULL UP THE BLINDS AND, UH, ALWAYS HAVE THE CURTAINS DRAWN.
AS MS. LEAL SHOWED YOU EARLIER, HERE'S A PICTURE OF THE FENCE THAT WE STARTED.
THIS IS A SIX FOOT FENCE, AND IT'S ALREADY LOOKING PRETTY.
THE NEIGHBORS DON'T HAVE TO PAY FOR THE, THE FENCE AT ALL.
I'M PROVIDING ALL THE COSTS, THE MATERIALS OF LABOR.
UM, IT'S GONNA LOOK BEAUTIFUL AND, UM, COMPLETELY FREE OF CHARGE FOR THEM.
WHEN I WAS ACQUIRING THE 102 IN FAVOR RESPONSES, I CAME ACROSS, UM, A FEW EIGHT FOOT FENCES.
THIS IS ON MY STREET AT 5 35 WEST KINGS HIGHWAY.
JUST A COUPLE OF BLOCKS DOWN, I MEAN A COUPLE OF HOUSES DOWN, SAME BLOCK.
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THIS IS 5 0 6 WEST KINGS HIGHWAY, WHICH IS RIGHT ACROSS THE STREET FROM ME.AND THIS WAS OWNED BY TAMMY CAGLEY, WHO WAS THE VICE PRESIDENT OF ALTA VISTA NEIGHBORHOOD ASSOCIATION.
AND, UM, AS YOU CAN SEE, THERE'S A EIGHT FOOT FENCE.
HERE IS ANOTHER EIGHT FOOT FENCE.
THIS IS AT FOUR 19 WEST KINGS HIGHWAY.
UM, LOOKS PRETTY NEIGHBORS DON'T HAVE A PROBLEM WITH IT.
HERE'S A VIEW FROM MY BEDROOM.
UM, AND, UH, THE AWNING IN THE BACKGROUND BEHIND THE WINDOW IS THEIR KITCHEN, KITCHEN SINK.
UM, SO FROM THEIR KITCHEN SINK, THEY COULD SEE INTO MY BEDROOM.
SO I ALWAYS HAVE TO HAVE THE BLINDS DRAWN, AND SOMETIMES I WOULD LIKE TO OPEN THEM TO LET THE LIGHT IN.
THIS PICTURE IS FROM MY KITCHEN SINK.
UM, AGAIN, SAME SITUATION AS WHAT I MENTIONED BEFORE.
UM, AND I TOLD YOU GUYS ABOUT A MONTH AGO THAT WHEN I HAD FOSTER CHILDREN, AND MY SON WAS AT THAT TIME ABOUT, UM, SEVEN YEARS OLD, I THINK, UM, I HAD TO NOT LET THE CHILDREN COME TO THE KITCHEN SINK TO GET ANY WATER, UH, BECAUSE THERE WOULD BE SEX ACTS GOING ON IN THAT RIGHT THERE, THAT WINDOW IN THE OTHER ROOM.
SO IF WE HAD THE TWO FEET OF LATTICE THAT WOULD BLOCK THAT VIEW, UM, I'M NOT SAYING THAT THE CURRENT NEIGHBOR IS DOING THAT, BUT IT IS A RENTAL UNIT.
AND SO THEY GET AN INFLUX OF NEW PEOPLE ALL THE TIME.
NO WAY TO KNOW WHEN WHAT IS GONNA HAPPEN.
UM, ALSO, UM, I WAS ABLE TO SEE IT FROM THIS KITCHEN WINDOW.
UH, SOMEONE COME FROM OFF THE STREET, UH, INTO THE BACK TO URINATE SO THE NEIGHBORS DON'T HAVE A GATE TO PREVENT PEOPLE FROM OFF THE STREET TO COME INTO THE BACK TO DO WHATEVER THEY WANT TO DO.
UM, SO TWO FEET OF LATTICE WOULD ALLOW OR PROHIBIT ME FROM SEEING THOSE KINDS OF THINGS.
UH, THIS IS JUST A PICTURE OF MY, UM, BACK NEIGHBOR.
SO THIS WOULD BE ON GRAMERCY STREET.
UM, AND I JUST THINK IT WOULD LOOK SO MUCH PRETTIER WITH A LATTICE.
UM, IF IT'S OKAY, I'D LIKE TO CONTINUE.
UH, WE DO ALLOW THE APPLICANTS TO, YOU KNOW, TAKE THE TIME THEY NEED TO, YOU KNOW, GET THEIR POINT ACROSS.
UH, IT'S JUST THAT WE'VE, WE'VE SEEN SO MANY PICTURES OF, OF ALL THE DIFFERENT FENCING AND, AND, AND ANGLES FROM YOUR HOME.
IS THERE ANY ADDITIONAL INFORMATION? UH, YEAH.
UH, JUST WANTED TO PROVE THAT, UH, TAMMY CAGLEY AT 5 0 6 WEST KINGS HIGHWAY, UH, WAS ON BOARD WITH ME, YOU KNOW, GETTING THE SAME SIZE FENCE AS SHE HAD WHEN SHE WAS LIVING THERE.
A LATTICE FENCE ALLOWS FOR SUPERB AIRFLOW.
I JUST GOT THIS OFF THE INTERNET, JUST A GOOGLE SEARCH, UH, SUPERB AIRFLOW THROUGHOUT THE ENTIRE YARD, THANKS TO THE OPENINGS CREATED BY THIS DESIGN.
THIS IS THE, UM, RESIDENTIAL DESIGN STANDARDS FROM, UM, ALTA VISTA, N C D.
AND SO I TOOK INTO CONSIDERATION WHAT THE BOARD, UH, SUGGESTED FOR ME.
UM, ONE SUGGESTION HAD TO DO WITH THE REPLACING THE WINDOWS.
UM, I'VE BEEN AT THIS PROPERTY FOR 26 YEARS.
IT TOOK ME ABOUT 20 YEARS TO SAVE UP THE MONEY TO REPLACE THE WINDOWS THAT I NOW HAVE.
SO REPLACING THEM ALL OVER AGAIN, UH, WOULD BE COST PROHIBITIVE.
I HAVE A KID IN COLLEGE, UM, A SINGLE PARENT PAYCHECK TO PAYCHECK, SO IT WOULD BE VERY EXPENSIVE.
NOT ONLY THAT, BUT THE N C D STANDARDS SAY THAT THOSE KINDS OF WINDOWS WOULD, UH, REQUIRE A SPECIAL PERMIT.
SO I WOULD HAVE TO BE HERE IN FRONT OF YOU ALL JUST TO GET THOSE KINDS OF, UH, OPAQUE TYPE, UH, WINDOWS.
UH, THE KIND YOU FIND IN A RESTROOM.
UM, AND THEN IT WOULD NOT BE SAFE, UH, BECAUSE I WOULD NOT BE ABLE TO SEE OUTSIDE, UM, WHAT WAS IN MY SURROUNDINGS.
SO, UH, ROLAND ATE, WHO WAS MY CASE MANAGER BEFORE, IS THE ONE THAT PROVIDED THIS TO ME, UM, SAYING THAT I COULDN'T JUST TINT MY WINDOWS.
AND IF I WAS TO THOUGH AS A THERAPIST, I KNOW THAT, UM, MAKING MY ROOM OR MY HOUSE TINTED WITH TINTED GLASS, WHICH IS
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NOT PERMISSIBLE, UH, WOULD MAKE THE HOUSE VERY DARK.AND I KNOW THAT, UM, SEASONAL AFFECTIVE DISORDER IS A REAL THING, SO THAT WOULD NOT BE DESIRABLE.
UM, THE WHOLE PURPOSE OF PRIVACY IS TO OPEN THE WINDOWS AND LET THE SUN SHINE IN WITHOUT BEING SEEN WHEN WE'RE IN OUR BEDROOMS. UH, BEFORE YOU GO CONTINUE, IT WAS ROLAND THAT GAVE YOU THAT SECTION ATE.
AND, UH, CATHERINE IS, UH, THE N C D AT THE BEGINNING OF THIS SECTION.
IT SAYS THIS SECTION ONLY APPLIES TO WINDOWS FACING THE STREET.
UH, IS THAT, DOES THAT MEAN THAT SHE COULD PUT TENT OR OTHER SORT OF, UM, REFLECTIVE MATERIAL ON THE SIDE WINDOWS? WE WOULD HAVE TO ASSESS THAT, MAKE SURE THAT, UM, IT'S, IT WOULD BE COMPLIANT.
BUT IF, IF IT'S AN INTERNAL LOT, TYPICALLY IF YOU CAN'T SEE IT FROM THE STREET, STREET FACING, UH, YOU COULD, BUT I, I WOULDN'T WANT TO GI GIVE AN ANSWER RIGHT NOW BECAUSE WE HAVEN'T ASSESSED THAT.
UM, I WOULD NOT LIKE TO HAVE MY WINDOWS TINTED.
IT WOULD BE VERY DARK, BUT THANK YOU FOR LETTING ME KNOW.
UM, THIS ONE, JUST SHOWING THAT, I DON'T KNOW, I JUST GOOGLED THE TEXAS LAW AND IT LOOKS LIKE, UM, IF IT DOESN'T OBSTRUCT A NEIGHBOR'S VIEW, LIGHTS OR AIR, THEN THE FENCING SHOULD NOT BE A PROBLEM.
AND AS I MENTIONED, THE TWO STORY HOUSES, THEIR VIEW AND THEIR AIR, UM, AND THEIR LIGHTING WOULD NOT BE OBSTRUCTED AT ALL.
AND, UM, TWO, UM, THE BOARD MEMBERS, UH, QUESTION ABOUT, UM, WAS IT, UH, HAZARD, I CAN'T REMEMBER, UM, HOW IT HAS AFFECTED US.
UM, IT IS REGARDING THE QUALITY OF LIFE.
AND SO, UM, FROM, UH, THE GRAMERCY STREET, UH, NEIGHBOR THAT IS IN OPPOSITION, AS MS. LEAL SAID, UM, I HAVE, UH, EXPERIENCED, UH, THAT NEIGHBOR SHOVELING OVER LEAVES OVER MY SIX FOOT FENCE.
SO IF I HAD, UH, AND BRANCHES.
AND SO IF I HAD AN EIGHT FOOT FENCE, THAT MIGHT BE A LITTLE BIT MORE DIFFICULT TO DO.
AND THEN, UM, FROM MY, UH, THE OPPOSITION AT FIVE 15, MY ADJOINING NEIGHBOR, UM, IT WOULD, THE TWO FOOT VARIANCE WOULD ALLOW OR DISALLOW FOR HIM VIDEOTAPING US, WHICH, UM, HE HAS DONE.
AND SO, UM, I WANTED TO INVITE MY SON, MS. LAAL SAID THAT I COULD, UH, TO TALK ABOUT SOME OF THE HARDSHIPS.
I THINK THAT'S THE WORD THAT WAS USED, UM, THAT WE HAVE EXPERIENCED, UH, BECAUSE OF SOME OF MY NEIGHBORS.
AND THAT IS ONE OF THE REASONS WHY I WANT THE MORE ADDITIONAL PRIVACY IS TO PREVENT, UM, THESE KINDS OF INTRUSIONS INTO OUR PRIVACY.
HE JUST NEEDS TO STATE HIS NAME AND ADDRESS FOR THE RECORD, AND YOU CAN CONTINUE.
UH, I LIVE CURRENTLY AT 7 0 9 CAROLYN AVENUE.
UH, A COUPLE OF HARDSHIPS THAT I'VE EXPERIENCED GROWING UP, UH, IN ELEMENTARY SCHOOL, MIDDLE SCHOOL, I REMEMBER, LIKE MY MOM MENTIONED, THE NEIGHBORHOODS LOOKING TOWARDS THE STREET TO MY LEFT.
I DON'T HAVE THE EXACT ADDRESSES, WOULD RECORD US AND TAKE PICTURES OF ME.
AND IT WAS INCREDIBLY UNCOMFORTABLE.
AND I REMEMBER HAVING TO TELL MY FRIENDS, HEY, CAN WE PLEASE GO INSIDE? I DON'T WANT TO TALK OUT HERE.
BECAUSE OF WHAT FELT, NOT NECESSARILY IN A SEXUAL WAY, BUT JUST PREDATORY AND INVASIVE.
SO, UM, IN ADDITION TO THAT, EVEN IN THE BACKYARD, WHICH IS TRADITIONALLY SUPPOSED SUPPOSED TO BE THE SAFER ENVIRONMENT FOR YOU, I DID NOT FEEL COMFORTABLE GOING OUTSIDE TO PLAY.
I DIDN'T FEEL COMFORTABLE BEING OUT THERE WITH MY FRIENDS, UH, BECAUSE OF PEOPLE LOOKING AT US.
UM, IN ADDITION TO THAT, THERE WAS AN OCCASION THAT I REMEMBER FROM THE NEIGHBOR DIRECTLY BEHIND US THAT CAME INTO OUR DRIVEWAY AND WAS ARGUING, UH, AT MY MOM.
AND I WAS GOTTEN OUTTA THE CAR TO GRAB THE TRASH, AND I HAD TO WAIT THERE INSTEAD OF GOING INSIDE, WHICH SHOULD BE SAFE FOR ME.
UH, THOSE ARE JUST A COUPLE I CAN THINK OF.
AND WHILE I DON'T LIVE THERE, I WOULD LIKE MY MOM TO BE SAFE.
UM, AND SO I GUESS WHAT I WANTED TO SHOW, UM, AND I, I DON'T WANNA, UH, BERATE MY NEIGHBORS, BUT, UM, IN ALL FAIRNESS, UM, I DO NEED TO SAY THAT, UM, THE GRAMERCY STREET NEIGHBOR IS IN OPPOSITION.
UM, IT'S JUST COMPLETELY PERSONAL BECAUSE IN 2014, AS MY SON WAS MENTIONING, I HAD TO CALL IN A NOISE DISTURBANCE, UM, BECAUSE THEY WERE DRUMMING AND BECAUSE OF THAT, SHE'S
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BEEN ANGRY WITH ME AND SHE CAME AND NEARLY ASSAULTED ME, EXCEPT THAT I HAD TO LOCK MYSELF IN THE CAR, UH, WHILE SHE BANGED ON MY CAR.AND SO SHE IS IN OPPOSITION TO ME BECAUSE OF THE POLICE REPORT THAT I HAD TO MAKE.
SO I JUST WANTED TO EXPLAIN THAT THE OPPOSITION IS NOT BECAUSE THE LATTICE WOULD OBSTRUCT OR BE UGLY, IT'S MORE PERSONAL.
UM, I DON'T THINK I HAVE ANYTHING ELSE TO SAY, BUT SHOULD I STAND HERE? IF YOU HAVE QUESTIONS? UH, WE, WE WILL, UH, IF WE HAVE QUESTIONS, UH, WE'D JUST LET FIND OUT IF THERE'S ANYBODY ELSE SIGN UP TO SPEAK OF VOICEMAILS.
WELL, WE'RE GONNA OPEN THIS UP FOR QUESTIONS.
UH, WHO WOULD LIKE TO GO FIRST? COMMISSIONER ZUNIGA.
YEAH, LET ME, UH, GO THROUGH THIS HERE.
THE CONTENTION THAT WE ARE AS A TWO FOOT LETTER LETTER, RIGHT.
AND, UH, YOU'RE TALKING ABOUT QUALITY OF LIFE? YES.
UH, THIS IS WHAT REALLY WE'RE HERE FOR, TO AN EXTENT.
WHAT YOU'RE SAYING IS THAT YOUR MAIN REASON IS SECURITY.
AND WITH A TWO FOOT LADDER, IT WOULDN'T BOTHER THE NEIGHBORS OR YOURSELF.
AND THIS IS, UH, NO, THROUGH NO FAULT OF YOURSELF, ONLY THROUGH THE, WHERE YOU LIVE, THE TOP OF GRAND FOAL ATLANTA, UH, IS SITUATED OKAY.
SO THAT'S A UNIQUE FEATURE THERE, AND THAT'S A HARDSHIP THAT YOU NOT, UH, MAKE YOUR OWN SELF AS A PROPERTY OWNER.
SO, AND, AND IT IS GOOD THAT HE GAVE US A MONTHLY LOOK AT, AT IT AND TO THINK ABOUT IT TO SOME NAME.
SO REALLY THE SECURITY, THE WELFARE AND SECURITY AND THE QUALITY OF LIFE IS WHAT HE'S LOOKING AT, RIGHT? YES.
AND LET ME ASK YOU A LAST QUESTION.
IS THE NEIGHBOR A COMPLAINT ON YOU? DOES HE STILL LIVE THERE OR DID HE LIVE THERE OR, UM, HE MOVED AND, UH, HE SOLD HIS PROPERTY IN DECEMBER.
AND UM, I KNOW ONE OF THE SUGGESTIONS MADE TO ME WAS, UM, HOW ABOUT I GO AHEAD AND PLANT SOME VEGETATION? I'VE TRIED THAT, AND THAT WAS HIS MAIN COMPLAINT.
UM, WA WAS THAT BEFORE HE LEFT OR AFTER HE LEFT? UH, HE WAS STILL COMPLAINING EVEN AFTER HE SOLD THE HOUSE.
ANY OTHER QUESTIONS? COMMISSIONER BREGMAN? UH, YEAH, I JUST HAVE A QUESTION.
YOU SAID THAT YOU'VE LIVED THERE FOR 26 YEARS.
WHAT'S PRECIPITATING? UM, THE WANTING TO ADD THE LATTICE WORK NOW, NOW, UM, LIKE WHY AM I DOING IT NOW? CORRECT.
I'M JUST WONDERING WHAT'S PRECIPITATING? YEAH.
SO WHEN I MOVED THERE, UH, BEFORE MY SON WAS BORN, UM, I PUT UP A FENCE AND NOW IT'S OLD AND FALLING APART.
AND, UM, BUT IN THOSE 26 YEARS I'VE HAD SO MANY PROBLEMS WITH MY NEIGHBORS, UM, INVADING OUR PRIVACY.
UM, SO NOW THAT IT'S TIME TO REPLACE THE FENCE AND IT'S TAKING ME SO LONG TO SAVE THE MONEY AFTER SPENDING SO MUCH MONEY ON THE NEW WINDOWS, UM, I THOUGHT, WELL, WHY NOT GO AHEAD AND REQUEST, UM, PAY THE $400 FOR THIS PERMIT AND, UH, TRY TO GET A LITTLE BIT MORE PRIVACY AT THE SAME TIME AS REPLACING THE FENCE.
ANY OTHER QUESTIONS? COMMISSIONER? MANNA, MANNA.
SO THE QUESTION I HAVE IS, UM, SO, SO ONE OF THE GROUPS THAT, UM, I GUESS IT WAS AN OPPOSITION IS THE NEIGHBORHOOD ASSOCIATION.
AND I SAW YOU PROVIDED A SLIDE, I THINK THAT WAS THE PRIOR OFFICER, BUT DID YOU HAVE AN OPPORTUNITY TO REACH BACK OUT TO THEM TO ASK THEM, YOU KNOW, WHAT, YOU KNOW, I GUESS THEIR PERSPECTIVE OF YOUR CASE? THANK YOU SO MUCH FOR ASKING THAT QUESTION.
I REALLY APPRECIATE IT BECAUSE, UH, THAT HAS BEEN SUCH A DIFFICULTY FOR ME, IS GETTING THE NEIGHBORHOOD ASSOCIATION.
BRENDA, I DID ATTEND THEIR LAST GENERAL MEETING, UM, AND I POST THIS REQUEST, UM, AND, UM, MR. CARDENA, WHO WAS IN ATTENDANCE AND USED TO BE THE PRESIDENT BEFORE, HE SAID, WHY DON'T WE TAKE THIS UP FOR A VOTE? AND THE NEW PRESIDENT SAID NO.
UM, AND I HAVE SENT, UM, CERTIFIED LETTERS AND EMAILS AND, UM, HE'S NOT RESPONDING.
I ALSO SENT, UH, THE MUNICIPAL CODE, WHICH WAS CODE, WHICH WAS PROVIDED TO ME BY MY OLD CASE MANAGER.
ROLAND ATE, UM, BECAUSE THE NEIGHBORHOOD ASSOCIATION PRESIDENT CURRENTLY SAYS THAT IT WAS, UM, AND I THINK I PROVIDED IT WITH TO MS. LEAL, BUT, UM, HE SPECIFICALLY SAID THAT IT WAS CITY LAW AND CITY CODE
[00:30:01]
THAT I COULD NOT HAVE EVENTS VARIANCE IF ANY OF MY ADJOINING NEIGHBORS WAS IN AN OPPOSITION.SO I CHECKED WITH MR. ATE AND THEN I ALSO CHECKED WITH VINCENT TREVINO, A SENIOR PLANNER, AND I ALSO CHECKED WITH KAYLA LEAL, THE PRINCIPAL PLANNER, AND ALL THREE SAID, NO, IT IS NOT TRUE THAT THE MUNICIPAL CODE, CITY CODE OR CITY LAW SAYS THAT MY ADJOINING NEIGHBORS, UM, IF IN OPPOSITION I COULD NOT HAVE, UM, DEFENSE VARIANCE.
SO, UM, TO ANSWER YOUR QUESTION, I'VE TRIED SO MANY TIMES, UH, I'VE, UH, OFFERED MY PHONE NUMBER, I'VE OFFERED FOR THEM TO COME TO MY HOUSE.
I'VE OFFERED PICTURES OR I SENT PICTURES, UM, AND I'M NOT GETTING ANY RESPONSE FROM THEM.
UM, AND I JUST WANTED TO REMIND YOU, ALL'S FINE, I HAVE A PHONE WHAT THE LATTICE WOULD LOOK LIKE.
I HAVE A FOLLOW UP QUESTION, UH, TO THAT YOU HAD MENTIONED YOU WERE AT THE MEETING AND THEY WOULDN'T TAKE A VOTE? THAT'S CORRECT.
SO HOW DID THEY ISSUE AN OPINION THEN? UM, THE PRESIDENT SAID THAT THEY HAVE A COMMITTEE CALLED THE TECHNICAL COMMITTEE OF TWO PEOPLE.
OH, THAT'S THE PICTURE OF WHAT IT WOULD LOOK LIKE.
ANY OTHER QUESTIONS? THANK YOU VERY MUCH.
UH, WHAT WE'RE GONNA DO IS, UH, LOOK FOR A MOTION AND THEN WE'LL DELIBERATE.
WHO WOULD LIKE TO MAKE A MOTION TO YOU REGARDING CASE NUMBER BO EIGHT DASH 21 DASH 0 3 57? I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION FOR A TWO FOOT SPECIAL EXCEPTION TO ALLOW AN EIGHT FOOT SOLID SCREEN PRIVACY FENCE ALONG THE SIDE AND REAR PROPERTY LINES LOCATED AT 5 1 9 WEST KINGS HIGHWAY.
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 HARDSHIPS.
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 THAT THE BOARD OF ADJUSTMENT CAN GRANT SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION.
THE ADDITIONAL FENCE, TWO FOOT OF HEIGHT IS INTENDED TO PROVIDE ADDITIONAL SAFETY FOR THE PROPERTY.
B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE.
THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY.
AN EIGHT FOOT SOLID SCREEN FENCE ALONG THE SIDE AND REAR YARD DOES NOT POSE ANY ADVERSE EFFECTS TO THE PUBLIC WELFARE.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE BOARD FINDS THE DEFENSE WILL CREATE AN ENHANCED SECURITY FOR THE SUBJECT PROPERTY AND IS UNLIKELY TO INJURE ADJACENT PROPERTIES.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE ADDITIONAL HEIGHT FOR THE SIDE AND REAR YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND WILL PROVIDE SECURITY OF THE DISTRICT.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME.
THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT.
ALRIGHT, DO WE HAVE A SECOND? SECOND, SECOND.
COMMISSIONER MANANA, UH, DISCUSSION? UH, COMMISSIONER THIEL, I'LL BE IN SUPPORT OF THIS.
I THINK THE APPLICANT HAS, UH, ILLUSTRATED, UH, A NEED THAT'S, UH, NOT JUST HER WANT, BUT THERE ARE, UH, EXTENUATING CIRCUMSTANCES GIVEN THE HEIGHT OF THE TWO BUILDINGS ADJACENT TO HER AND PROVIDED PLENTY OF EXAMPLES AS WELL AS OTHERS THAT ARE IN SUPPORT OF THIS.
UH, I ALSO DON'T TAKE ISSUE WITH IT BECAUSE SHE'S DOING LATTICE AS OPPOSED TO JUST A SOLID SCREEN AND THEREFORE, UH, ACCESS TO LIGHT AND AIR WILL NOT BE COMPROMISED.
COMMISSIONER MAMMO? UM, I, I REGULARLY SIDE WITH THE NEIGHBORHOOD ASSOCIATIONS ON A LOT OF THE DIALOGUE THAT WE HAVE HERE, BUT I THINK THAT THE APPLICANT, UH, WENT, UH, DID A GREAT JOB OF GOING OUT AND REACHING OUT TO THE COMMUNITY AND, AND HAVING SUCH A LARGE RESPONSE, UM, UM, YOU KNOW, THAT THAT'S, THAT'S HARD TO IGNORE.
UM, AND THEN ALSO, YOU KNOW, I WOULD'VE HOPED THAT THE NEIGHBORHOOD ASSOCIATION WOULD'VE, UM, I GUESS REACHED OUT BETTER THAN, THAN I GUESS MAYBE THEY DID.
SO, SO BECAUSE OF THOSE REASONS, I'LL BE SUPPORTING IT.
ANYONE ELSE LIKE TO ADD CHAKA? COMMISSIONER MACHACA? I AGREE WITH COMMISSIONER MANO.
ALSO, THE, UH, INITIATIVE YOU TOOK WAS FAR BEYOND ON TRYING TO, UH, CREATE YOUR PRIVACY AND THINGS DO ARE DYNAMIC IN ANY NEIGHBORHOOD THEY CHANGE, BUT THIS IS, UH, MORE THAN, UH, JUST LOOKING OVER THE FENCE.
YOU DO NEED A WELLBEING BEHIND THAT FENCE.
AND WHAT I SAW ON THE OTHER NEIGHBORS THAT YOU PRESENTED, THERE WAS ONE THAT APPEARED TO BE HIGHER THAN THE ONE YOU'RE REQUESTING.
SO I DON'T THINK THIS IS A, A BIG DEAL TO, UH, REQUEST.
[00:35:01]
I'LL BE IN SUPPORT OF IT.IF THERE'S NO ONE ELSE HEARING NONE, STAFF PLEASE TAKE A ROLL CALL VOTE.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN.
I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR THE FINDINGS OF FACT.
CHAIR ORIAN AND I ALSO CONCUR.
AND IF YOU HAVE ANY QUESTIONS, YOU CAN JUST GET WITH STAFF.
ITEM NUMBER FOUR IS BO O A 22 DASH 1 0 3 0 0 0 4 AT FIVE 11 ELMHURST AVENUE.
UM, APPLICANT IS REQUESTING A, UH, SPECIAL EXCEPTION TO THE SHORT-TERM, UH, RENTAL DENSITY LIMITATION TO ALLOW AN ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE.
UH, IT'S IN COUNCIL DISTRICT TWO.
THE APPLICANT IS STEVE WILLIAMS. UH, ZONING FOR THIS ONE IS R FOUR.
UH, THE SUBJECT PROPERTY IS GENERALLY LOCATED NORTH OF FORT SAM HOUSTON, NEAR THE NORTHWEST CORNER OF NORTH NEW BRAUNFELS AVENUE AND ELMHURST AVENUE.
UH, THE PROPERTY CURRENTLY HAS ONE NEWLY CONSTRUCTED SINGLE FAMILY DWELLING.
THE SURROUNDING USES ARE RESTRICTED TO SINGLE FAMILY RESIDENTIAL.
HOWEVER, THIS PROPERTY IS IN CLOSE PROXIMITY TO THE SAN ANTONIO BOTANICAL GUARDIANS TO THE SOUTHEAST.
UH, THERE'S CURRENTLY ONE OTHER TYPE TWO, UH, SHORT-TERM RENTAL PERMIT ISSUED NEXT DOOR.
UM, THIS IS THE ONLY TYPE TWO SHORT-TERM RENTAL ISSUED FOR THE BLOCK FACE.
AND THE APPLICANT IS, UH, REQUESTING A SPECIAL EXCEPTION TO ALLOW FOR ONE ADDITIONAL SHORT-TERM RENTAL ON THE PROPERTY ON THE BLOCK FACE.
UM, IT'S THE SHORT-TERM RENTALS ISSUED IN PROXIMITY.
AND THE FOR PLAN, UH, PROPOSED FORE PLAN FOR A TOTAL NUMBER OF EIGHT GUESTS.
AND THEN THIS IS THE, UM, PROPERTY AT, I HAVE THE ADDRESS HERE, 35 0 6 NORTH NEW BRAUNFELS.
UM, THIS IS THE PORTION OF THE PROPERTY FACING ELMHURST.
UM, IT'S ACTUALLY ADDRESSED OFF OF NORTH NEW BRAUNFELS.
UM, THIS WOULD'VE MADE 11 TOTAL UNITS ALLOWING FOR ONE ADDITIONAL SHORT-TERM RENTAL.
HOWEVER, SINCE IT'S ON THE CORNER, IT'S ACTUALLY ADDRESSED OFF OF.
UH, IF YOU GO TO THE NEXT SLIDE, IT'S ADDRESSED OFF OF NEW BRAUNFELS INSTEAD, UH, STAFF RECOMMENDS DENIAL OF BO O A 22 DASH 1 0 3 0 0 1 4 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THERE'RE CURRENTLY BEING, UH, AN ACTIVE TYPE TWO SHORT-TERM RENTAL ALREADY ON THE BLOCK FACE.
UH, 32 NOTICES WERE MAILED OUT.
ONE WAS RETURNED IN FAVOR AT THE SUBJECT PROPERTY.
EIGHT WERE RETURNED IN OPPOSITION, AND THE MACKEY PARK NEIGHBORHOOD ASSOCIATION IS OPPOSED.
UH, BEFORE YOU GO, I HAVE A QUICK QUESTION.
YOU HAD MENTIONED THE HOUSE ON THE CORNER.
DOES THAT, THAT HAS TWO ADDRESSES.
ONE IS ON NORTH NEW BRAUNFELS AND THE OTHER IS ON ELMHURST.
ONE IS OFF OF ELMHURST AND ONE IS OFF OF NEW BRAUNFELS.
HOWEVER, IT'S ADDRESSED OFF OF NEW BRAUNFELS AVENUE.
IS THERE ONE UNIT OR TWO UNITS AT THAT CORNER? THERE'S ONE UNIT.
I'M GONNA QUICK CLARIFICATION.
THERE IS ONE ADDRESS OFF OF ELMHURST AND ONE OFF OF NEW NORTH NEW BRAUNFELS.
YEAH, I WAS NOTICING THAT ON GOOGLE MAPS.
UH, IS THE APPLICANT PRESENT? YES.
IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
UH, YOU CAN BEGIN YOUR PRESENTATION.
ALRIGHT, GOOD AFTERNOON BOARD MEMBERS AND, UH, THANK YOU FOR YOUR SERVICE TO THE CITY.
MY NAME IS DONGO SALINAS AND, UH, MY PROPERTY'S FIVE 11 ELMHURST AVENUE.
UM, SO MY WIFE AND I TRANSFERRED TO SAN ANTONIO.
I'M NOT GONNA GIVE YOU A BIG PRESENTATION HERE, BUT WE TRANSFERRED TO SAN ANTONIO ACTIVE DUTY MILITARY.
I RELOCATED, UM, HERE BACK IN OCTOBER OF 2019.
AND PEOPLE WARNED US ABOUT THE WATER.
THEY SAID, DON'T LET YOUR WIFE DRINK THE WATER IN SAN ANTONIO BECAUSE SHE'S GONNA GET PREGNANT.
AND, UH, A YEAR LATER, SURE ENOUGH, THAT'S WHAT HAPPENED.
WE HAVE A, WE HAVE A SIX MONTH OLD AT HOME, AND, UH, WE, UH, INITIALLY WHEN WE MOVED TO SAN ANTONIO, WE FELL IN LOVE WITH THIS HOUSE.
AND WE LOVE THE NEIGHBORHOOD, WE LOVE THE COMMUNITY.
[00:40:02]
IT'S WALKING DISTANCE TO SO MANY DIFFERENT, UH, YOU KNOW, ATTRACTIONS HERE IN, IN SAN ANTONIO.AND, UH, HOWEVER, WE KNEW THAT THAT HOUSE WAS NOT GONNA BE IDEAL, UM, NUMBER ONE FOR A BABY.
AND CONSIDERING THAT MY WIFE IS FROM MIAMI, THAT HER FAMILY WAS GONNA COME, UH, TO SAN ANTONIO TO HELP US OUT WITH CHILDCARE.
UM, SHE'S GOT A OLD GRANDMA'S, YOU KNOW, CLOSE TO CLOSE TO 80.
HER MOM IS IN, IN THE MID SIXTIES.
THERE'S NOT A BEDROOM IN THAT LOWER ON THE FIRST LEVEL.
SO ONE OF MY CONCERNS WAS, YOU KNOW, HAVING HER MOM OR GRANDMA CARRYING THE BABY DOWN THE STEPS.
AND, UH, WE MADE A DECISION TO, UH, TO MOVE OUT AND, UH, AND, AND BUY A SEPARATE HOME.
AND WE'RE GONNA MOVE FORWARD WITH THAT PLAN.
UH, WE DID NOTICE THAT OUR, THE PROPERTY THAT'S ADJACENT TO OURS, WHICH IS 5 0 9 ELMHURST, THEY'VE, THEY HAVE A SHORT-TERM RENTAL PERMIT.
AND I'LL BE HONEST WITH YOU, I'VE BEEN VERY IMPRESSED WITH THE COMPANY THAT MANAGES THEIR SHORT-TERM RENTAL.
UM, I KNOW THESE TWO INDIVIDUALS BY NAME, ADAM AND, AND STEVEN.
THEY HAVE A FATHER AND SON, UM, UM, BUSINESS.
AND THEY'VE DONE A, A TREMENDOUS JOB WITH THAT PARTICULAR HOUSE IN TERMS OF TAKING CARE OF IT AND, AND ALSO FILTERING OUT, YOU KNOW, THEY DO BACKGROUND CHECKS ON ALL THE, YOU KNOW, THE, THE GUESTS THAT STAY IN THAT HOUSE, UH, VERY CLEAN.
I'VE BEEN RENTING THAT HOUSE FOR A COUPLE OF, A COUPLE OF MOUNT, OR FIVE 11 FOR A COUPLE OF OF MONTHS.
AND I CAN TELL YOU THAT WHEN YOU COMPARE 5 0 9 TO FIVE 11, IT'S NOTHING CLOSE.
UM, AND, AND AGAIN, THAT, THAT COULD JUST BE A, A, UM, A DOWNFALL IN MY ABILITY TO PROPERLY, UM, SCREEN THE TENANTS.
UM, BUT ANYWAY, I'D LIKE THE BUSINESS MODEL.
I THINK THERE'S A COST EFFECTIVE, UM, KIND OF RATIONALE BEHIND DOING IT.
UM, AS WELL AS A SAFETY THING WITH, YOU KNOW, OUR BABY BEING IN THE HOUSE.
UM, AND, UH, YEAH, WE DECIDED TO SUBMIT A SHORT-TERM RENTAL, UM, EXCEPTION FOR THIS.
I KNOW THAT SOME INDIVIDUALS IN THE NEIGHBORHOOD WERE OPPOSED, AND IT'S NOTHING PERSONAL.
YOU KNOW, I CAN, I CAN TOTALLY UNDERSTAND IT AS A SERVICE MEMBER.
UM, YOU KNOW, I'M NOT HERE TO, YOU KNOW, NECESSARILY TO, UH, TO LIVE IN SAN ANTONIO AND TAKE OFF.
I'M ACTUALLY RETIRING NEXT YEAR.
SO SAN ANTONIO'S GONNA BE MY, MY PERMANENT HOME OF RECORD.
UM, I DO HAVE BILL, WHO'S ONE OF THE NEIGHBORS WHO WAS ACTUALLY OPPOSED, UM, OR IS OPPOSED, UH, PROBABLY STILL, UH, TO MAKING THIS A SHORT-TERM RENTAL.
AND I TOTALLY RESPECT THE OPINIONS OF, OF THE NEIGHBORS AND VERY APPRECIATIVE THAT THEY CARE FOR THAT NEIGHBORHOOD.
BUT ONE OF THE THINGS THAT, COZY ACCOMMODATIONS, THAT'S THE NAME OF THE, THE SHORT TERM RENTAL COMPANY.
ONE OF THE THINGS THAT THEY'VE DONE REALLY WELL IS THEY'RE STARTING NEIGHBORHOOD PROGRAMS, UM, FOR THAT COMMUNITY.
SO THEY'RE TRYING TO FIND HOW CAN WE INCENTIVIZE, YOU KNOW, SOME OF THE NEIGHBORS, HOW CAN WE MAKE IT SAFER, HOW CAN WE MAKE IT CLEANER? AND I'M ALL ABOUT THAT.
UM, AT THE END OF THE DAY, IT'S STILL MY HOUSE I CARE ABOUT.
UM, AND, UH, SO YEAH, I JUST WANTED TO COME HERE TO HOPEFULLY GET YOUR SUPPORT, UM, TO SEE IF WE CAN GET THIS APPROVED.
UH, WE'RE GONNA SEE IF ANYONE SIGNED UP TO SPEAK OR IF THERE'S ANY VOICEMAILS, BUT, WE'LL, I'M SURE WE'LL HAVE QUESTIONS, UH, JEFF.
UH, WE HAVE ONE PERSON SIGNED UP TO SPEAK BILL BALONE.
IF YOU COULD PLEASE COME UP, STATE YOUR FULL NAME AND ADDRESS FOR THE RECORD AND LIKE TO HEAR FROM YOU.
I RESIDE AT 5 26 ELMHURST AVENUE.
WE HAVE, UH, LIVED ON OUR BLOCK FOR 20 PLUS YEARS.
UM, IN REGARDS TO THE SHORT TERM RENTAL, UM, WE HAVE NOTHING AGAINST THE GENTLEMAN AND THE OWNER.
UH, WE HAVE CONCERNS ABOUT THE FABRIC AND THE SAFETY OF OUR NEIGHBORHOOD.
UH, WE SEE THAT MORE AND MORE HOMES ARE TURNED INTO RENTALS, WHICH IS FINE THAT THEY'RE LONG TERM.
YOU CAN GET TO KNOW YOUR NEIGHBORS, YOU HELP EACH OTHER OUT, THAT TYPE OF THING.
I'VE HAD NUMEROUS OCCASIONS WHEN I'VE HELPED MY NEIGHBORS OUT AND THEY HAVE HELPED ME OUT WITH THE SHORT TERM.
WE DON'T KNOW THESE FOLKS, THEN THEY'RE NOT GONNA BE THERE TOMORROW, BASICALLY.
AND ESSENTIALLY THAT STARTS TO DEGRADE THE FABRIC OF THE NEIGHBORHOOD.
NOW, WHEN WE TALK ABOUT THE FABRIC OF THE NEIGHBORHOOD, THERE HAVE BEEN STUDIES BY THE N I H, NATIONAL INSTITUTE OF HEALTH, NORTHEASTERN UNIVERSITY, WHICH POINT TOWARDS THAT DEGRADATION OF THE NEIGHBORHOOD ASPECT AS CAUSING OR ALLOWING
[00:45:01]
CRIMES TO OCCUR.EVEN THE OPERATORS OF AIRBNB AIR BOMB HAVE ADMITTED TO THE FACT THAT, YOU KNOW, THEY CANNOT CONTROL PEOPLE.
AND SO THERE, NO MATTER HOW MUCH VETTING YOU HAVE, THERE'S ALWAYS A CHANCE YOU'RE GONNA GET A WILD CARD.
CASE IN POINT, THE TWO YOUNG BOYS, THAT YOUNG MEN THAT WERE KILLED IN PITTSBURGH, OKAY, THE PENALTY FOR THE OPERATOR OR THE GUEST WAS $500.
OKAY? SO WHEN FOLKS SAY THE PLATFORM WILL PROTECT THE NEIGHBORHOOD, IT'S REACTION, IT'S, IT'S NOT REALLY PROTECTING THE NEIGHBORHOOD REACTS TO THE ISSUES THE PLATFORM, BE IT AIRBNB, COZY COTTAGES OR WHATEVER.
ALL THEY DO IS JUST SAY, WELL, THEY'LL BE A FINE, OR WE'LL KEEP SO MUCH OF YOUR DEPOSIT AND WE'RE GONNA COME OFF OUR PLATFORM.
WELL, THE DAMAGE HAS BEEN DONE TO US ALREADY.
THE OTHER POINT IS EIGHT NEIGHBORS HAVE BEEN AGAINST IT, AND I BELIEVE THOSE VOICES SHOULD BE RESPECTED.
WE ALSO SEE IS IF YOU LOOK AT THE X ON THE FAR LEFT, WHICH IS 5 0 4 ELMHURST, THAT WOULD BE ON NEW BRAUNFELS AND ELMHURST, THAT OWNER INTENDS TO CONSTRUCT 1, 2, 3, 4, SINGLE FAMILY RESIDENCES, FOUR RENT.
SO OUR DENSITY REALLY GOES ABOVE THE RATIOS RIGHT NOW, WE HAVE PREVIOUSLY, I SAID, A 13 TO EIGHT RATIO IN FAVOR OF NON-OWNER OCCUPANT.
WELL, KNOWING NOW THAT THE ONE ACROSS STREET IS A DUPLEX, WE'RE NOW LOOKING AT 14 TO EIGHT RATIO IN FAVOR OF NON-OWNER OCCUPANT TO OWNER OCCUPANTS.
SO WE'RE, THE WEIGHT IS AGAINST US AND OUR NEIGHBORHOOD.
ALL THAT BEING SAID, I DO LIKE THIS GENTLEMAN.
UM, MY INTENTION, REGARDLESS OF HOW THIS GOES, IS GO BACK TO THE NEIGHBORHOOD ASSOCIATION AND SEE IF I CAN WORK OUT SOME SORT OF COMPROMISE ACCEPTABLE TO THE NEIGHBORS, THE ASSOCIATION AND THE CITY.
I DO BELIEVE THAT THE THREE YEAR LICENSING IS PROBABLY NOT THE BEST ROUTE TO GO BECAUSE ONCE YOU'VE GOT THAT LICENSE, IF I UNDERSTAND IT, YOU'RE THERE FOR THREE YEARS REGARDLESS OF WHAT KIND OF IMPACT YOU MAKE ON THE NEIGHBORHOOD.
SO PERHAPS THAT LICENSING COULD BE REDUCED TO ABOUT A ONE YEAR PERIOD WORTH RENEWALS AND GET NEIGHBORHOOD INPUT ON THAT.
BUT EVEN WITH THAT ASIDE, WE STILL LOSE OUR NEIGHBORHOOD.
IT IS A NEIGHBORHOOD AND NOT AN INVESTOR.
AND IS THERE ANY QUESTIONS, UH, FOR THIS RESIDENT BEFORE HE LEAVES? NO, I, I, UH, COMMISSIONER, COMMISSIONER.
UH, YOU HAD MENTIONED THE, THE DUPLEX DUPLEXES AREN'T AUTOMATICALLY RENTALS, PEOPLE OWN DUPLEXES.
I'M SAYING I KNOW THAT, BUT I DO KNOW THE OWNER AND THEY'RE INVESTORS AND THEY ARE UNITS THAT ARE RENTED OUT.
UH, WE HAVE QUESTIONS FOR THE APPLICANT.
WHO'D LIKE TO START? COMMISSIONER KAPLAN? OKAY.
UM, WHAT, WHAT WOULD PREVENT YOU FROM RENTING IT OUT ON A YEAR TO YEAR BASIS? SO WE ARE, MA'AM.
SO RIGHT NOW I'M CURRENTLY RENTING THE HOUSE.
WE ACTUALLY HAD TO MOVE OUT TO AN AIRBNB IN, YOU KNOW, JUST WAITING FOR THE NEW HOUSE TO BE READY.
SO TAXES ARE, ARE, ARE, YOU KNOW, AS YOU CAN PROBABLY RELATE AS WELL, YOU LIVE IN SAN ANTONIO, THEY'RE A LITTLE HIGH.
UM, I'M AT THE POINT WHERE IT'S JUST A BREAK EVEN.
UM, SO I THINK THE SUSTAINABILITY OF DOING A TRADITIONAL RENTAL LONG-TERM IS NOT VERY SUSTAINABLE.
UM, SO, SO THAT'S, THAT'S ONE OF THE REASONS.
UM, AND, AND I DON'T THINK IN, YOU KNOW, THE, THE SHORT TERM RENTAL THING IS NECESSARILY A BAD THING.
I THINK SOME GOOD COULD BE BROUGHT TO THE NEIGHBORHOOD.
UM, IT'S NOT LIKE I'M ABANDONING THE HOUSE AND TELLING THIS COMPANY, YOU KNOW, TAKE CARE OF IT.
I'M STILL HERE IN SAN ANTONIO.
UM, SO I, I DON'T SEE IT AS A, AS A, AS A NEGATIVE.
UM, BUT, BUT THAT'S REALLY WHAT'S DRIVING IT, MA'AM.
IT'S A, IT'S NOT GONNA BE A VERY SUSTAINABLE, UM, UH, PROPERTY IN, IN THE LONG RUN.
SO I'M LOOKING OUT FOR MY FAMILY AND, AND, UM, THAT, THAT WAS ONE OF THE DRIVING FORCES.
[00:50:01]
BRAGMAN, UM, I THINK YOU HAD MENTIONED IN YOUR OPENING REMARKS, UM, ABOUT, UM, THE, THE, UH, SCREENING ABILITY OF THE SHORT-TERM RENTAL COMPANY AND HOW IT SEEMED SO MUCH BETTER THAN PERHAPS WHAT YOU WERE GOING THROUGH NOW.SO MAYBE I WOULD JUST QUESTION, UM, THAT COMPANY AS OPPOSED TO, UH, YOU KNOW, THE VIABILITY OF SCREENING A TENANT FOR SHORT TERM VERSUS, UM, LONG TERM.
AND THEN THE SECOND POINT IS, UH, YOU KNOW, I UNDERSTAND PROPERTY TAXES HAVE, THE BILLS THAT WE'VE GOTTEN IN THE LAST COUPLE WEEKS ARE, ARE INSANE.
SO, YOU KNOW, IF RENTING IT IS NOT AN OPTION, THE MARKET IS VERY GOOD FOR SELLING.
NOT WITH WHAT I HAVE IN
IT'S A, BUT, UH, TO, TO, SO WHAT WAS YOUR QUESTION SPECIFICALLY, MA'AM? IT, IT WAS JUST A COMBINATION OF THINGS IS THAT, YOU KNOW, IF, IF, UH, THE SCREENING PROCESS THAT YOU'VE BEEN USING THE SCREENING PROCESS IS NOT, YOU KNOW, WORKING FOR YOU, MAYBE TAKE A LOOK AT A DIFFERENT PROPERTY MANAGEMENT COMPANY.
SO, SO I DO IT MYSELF RIGHT NOW MANAGING MY OWN PROPERTY.
UM, IF I PAID AN EXTERNAL COMPANY TO DO IT WITH THE, WITH THE KEEPING IT, YOU KNOW, AFFORDABLE FOR TRADITIONAL RENTALS, I'D HAVE TO PAY JUST TO KEEP THE HOUSE
UM, BUT I, I DO THE BEST THAT I CAN TO FILTER, YOU KNOW, TO SCREEN THE APPLICANTS.
ANY OTHER QUESTIONS? I HAVE A QUESTION.
SO, UM, WE HEAR TESTIMONY FROM STAFF THAT THERE IS A DUPLEX ON THE HARD CORNER OF NEW BRAUNFELS AND ELMHURST ONE HAS AN ADDRESSED OFF OF ELMHURST.
ONE HAS THE OTHER, HAS AN ADDRESS OFF OF NORTH NEW BRAUNFELS, BUT IF THEY WERE BOTH ADDRESSED OFF OF ELMHURST, YOU WOULDN'T EVEN NEED TO BE HERE.
SO MY QUESTION TO YOU IS, UH, YOU ALSO HAVE THREE PROPERTIES TO THE EAST OF YOU, UH, 5 23, 5 27, AND IT LOOKS LIKE FIVE 19.
AND ACCORDING TO BCA RECORDS, THEY HAVE A, A DETACHED LIVING AREA THAT THEY'RE BEING TAXED ON.
DO YOU HAPPEN TO KNOW IF THAT LIVING AREA CONTAINS, UH, A, A WAY TO COOK, A WAY TO SLEEP IN A RESTROOM IN THE, IN THAT REAR BUILDING? DO YOU KNOW YOUR NEIGHBORS WELL ENOUGH TO SPEAK ON THAT? COULD WE, WOULD YOU BE ABLE TO, WHAT ADDRESS WAS THAT, SIR? SO I CAN LOOK AT IT ON THE, WHERE THE RED X IS ON THE RIGHT AND THEN THE TWO OVER, SO THOSE LAST THREE THAT ARE SHOWN.
SO I'VE CHATTED WITH THE GENTLEMAN, HE ACTUALLY WORKS FOR A, A PAINTING COMPANY.
UM, I, I DON'T KNOW IF IT'S, YOU'RE TALKING ABOUT THE REAR STRUCTURE IN THE BACKYARD? THERE'S A SMALL BUILDING.
I, I DO NOT, I DON'T KNOW WHAT HAPPENS IN THE, IN THE REAR SECTION OF THAT HOUSE.
YOU HAVE TO STATE YOUR NAME AND YEAH, BILL BORDERLINE 5 26 ELMHURST AVENUE.
THE PROPERTY YOU REFERENCE IS OWNED, UM, BY FRANK AND LYNN PAEZ.
THERE IS NO PLUMBING OR ANYTHING LIKE THAT.
JUDAS PRIEST MAN, 40 SOME ODD YEARS OR SO.
WHAT ABOUT, UM, WHAT ABOUT THE, UH, N NAVS NAV? YEAH.
THAT WAS BUILT PRIOR TO HIM, UM, BUYING THE PROPERTY THAT WAS PUT THERE BY THE PREVIOUS OWNERS? UM, ALICE AND ARMAND.
FURMAN, THAT IS A, UM, IT WAS BASICALLY A GETAWAY THING FOR THEM.
THERE WERE SOME PROBLEMS. OKAY.
BUT IS IT, BUT IT DOES HAVE A BATHROOM IN THERE? IT DOES HAVE A BATHROOM.
THERE'S NO KITCHEN OR ANYTHING LIKE THAT.
AND I, AS A MATTER OF FACT, I BELIEVE, UM, AND IF YOU'RE, YOU'RE REFERENCING THE KITCHEN ASPECT, WE'RE NOT ALLOWED TO HAVE ANY STRUCTURE IN THE REAR THAT HAS A KITCHEN.
SO, SO YEAH, THE, THE POINT I WAS TRYING TO MAKE AS IN MY LINE OF QUESTIONING WAS, IS THAT IF, IF, IF ANYBODY HAD A SECOND LIVING AREA MM-HMM
SO, UM, BUT WITH THAT, I HAVE NO FURTHER QUESTIONS THERE.
ANY OTHER CRUZ COMM, COMMISSIONER CRUZ, I GOT A QUESTION FOR STAFF AND REFRESH MY MEMORY, UH, BECAUSE IT'S BEEN A WHILE SINCE WE'VE DONE THESE.
UM, IS THERE ANY REASON WHY WE CAN'T HAVE A SECOND ONE IN THE NEIGHBORHOOD OR DOES IT HAVE TO BE JUST ONE PER HOW HOWEVER MANY,
[00:55:02]
UH, HOMES ARE THERE ATTACHED LIVING? SO FOR TYPE TWO SHORT-TERM RENTALS, UM, THERE'S A DENSITY LIMITATION IN PLACE THAT LIMITED TO 12.5% OF THE TOTAL NUMBER OF UNITS ON EVERY BLOCK FACE.SO WE'RE LOOKING AT ONLY, UM, THAT SIDE OF THE STREET ON ELMHURST AVENUE AND COUNTING THE TOTAL NUMBER OF UNITS THERE.
SO THERE'S A TOTAL NUMBER OF 11 UNITS.
UM, IF YOU TAKE 12.5% OF THAT, THAT WILL ALLOW ONE TYPE TWO PERMIT.
ANY OTHER QUESTIONS? ALRIGHT, THANK YOU VERY MUCH, SIR.
IS THERE ANY CLOSING REMARKS YOU'D LIKE TO MAKE BEFORE WE DELIBERATE? UH, NO.
AND JUST TO ADD JUST ONE MORE, ONE MORE THING BESIDES THE, UH, THE, THE MORTGAGE PART OF IT, THE COST IS, UH, THE FACT THAT MY WIFE IS FROM, YOU KNOW, SHE'S, UH, SHE'S LATIN, YOU KNOW, SHE'S GOT A BIG FAMILY.
WE DO, UH, GIVE VISITORS QUITE A BIT FROM MIAMI, UH, AND HOUSING THEM IN, IN A HOTEL WHEN I COULD HOUSE THEM IN MY OWN, UH, ENVIRONMENT TYPE OF PROPERTY IS, IS ANOTHER DRIVING FORCE THAT'S GONNA CONTINUE FOR AS LONG AS I LIVE IN SAN ANTONIO.
UM, AND I, I'D LIKE THE OPPORTUNITY TO GIVE THEM, UM, ACCESSIBILITY TO MY OWN HOUSE.
UM, JUST, I JUST WANTED TO ADD THAT, SIR.
SO WITH THAT, I'M LOOKING FOR A MOTION.
REGARDING BO, EXCUSE ME, REGARDING CASE NUMBER BOA DASH 22 DASH 0 3 4, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT FIVE 11 ELMHURST DRIVE, APPLICANT BEING STEVE WILLIAMS. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW 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 A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY.
THE BOARD FINDS THAT THE REQUEST TO OPERATE THE SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE.
THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH THE SHORT-TERM RENTAL VERSUS THE LONG-TERM RENTAL AT THIS FACILITY.
B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE.
THE BOARD FINDS THAT THERE ARE A TOTAL OF 11 RESIDENTIAL UNITS ON THIS BLOCK FACE, AND THE SPECIAL EXCEPTION WOULD PERMIT A TOTAL OF TWO TYPE TWO SHORT TERM RENTALS RESULTING IN 18.2% OF THE BLOCK FACE.
THE PERCENTAGE IS NOT MUCH GREATER THAN THAT WHAT IS PERMITTED.
AND THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE SEEMS UNLIKELY TO BE CREATED.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY RESIDENCE AND SOME MIXED USE RESIDENTIAL.
THIS UNIQUE SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL BE SUBSTANTIALLY IN SUBSTANTIALLY INJURE THE NEIGHBORING PROPERTY AS A TYPE TWO SHORT TERM RENTAL.
D THE AT D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACULTIES HAVE BEEN OR ARE BEING PROVIDED.
THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
EITHER APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES.
CONFIRMED CITATIONS OR EDUCATED DEFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION.
THE APPLICANT CURRENTLY DOES NOT HOLD A SHORT-TERM RENTAL PERMIT AND DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 F.
THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO COMMERCIAL RECREATION AND OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING, MAINTAINING IT FROM THE NEIGHBORING PROPERTY.
THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE CENTRAL CHARACTER OF THE DISTRICT AND THE LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION END OF MOTION.
SECOND, WE HAVE A SECOND BY COMMISSIONER KAPLAN.
UM, JUST SOME THROUGH SOME OF THE RESEARCH YOU AND I DID, UH, PLEASED THAT THERE ACTUALLY ARE MORE UNITS, LIVING UNITS ON THAT BLOCK FACE, UM, WHICH WOULD ALLOW FOR ONE ADDITIONAL TYPE TWO SHORT TERM RENTAL.
UM, AND I WILL BE IN SUPPORT COMMISSIONER KAPLAN.
UH, I WILL NOT BE IN SUPPORT OF THIS BECAUSE I AGREE WITH THE NEIGHBORHOOD ASSOCIATION THAT, UH, EXCESS PEOPLE COMING ONTO THE BLOCK, UM, DOES PROVIDE A PROBLEM WITH SECURITY AND CRIME.
AND EVEN IF THIS CURRENT COMPANY IS SCREENING, THERE'S ALWAYS A CHANCE THAT, UM, THEY CHANGE OR THEY GO OUTTA BUSINESS.
UM, ALSO I NOTICED THERE ARE FOUR LIVING AREAS IN THE HOUSE THERE.
IT PROVIDES FOR, UH, EIGHT PEOPLE TO SLEEP.
THERE ARE TWO CAR SPACES AND, UH, I HAVE HAD EXPERIENCES WHERE, UM, YOU RENT OUT, THEY END UP RENTING OUT EACH BEDROOM AND YOU GET A CAR FOR EACH RENTAL SPACE.
SO, UM, I THINK IT WILL PROVIDE A NUISANCE TO THE NEIGHBORHOOD AND
[01:00:01]
A NUMBER OF NEIGHBORS ARE NOT FOR IT, SO I AM AGAINST IT.ANYONE ELSE? MANNA, COMMISSIONER, MANNA? UM, I CONCUR WITH MY COLLEAGUE HERE WITH REGARDS TO THE, PROBABLY WORKING TOWARDS OPPOSITION AND, UM, UH, ALONG WITH THE COMMENTS THAT WERE STATED, UM, IF I TAKE A LOOK AT, UH, TAKE A LOOK AT THE SHORT-TERM RENTAL MAP, UH, WITHIN THREE BLOCKS, THERE'S NINE OTHER RENTALS HERE IN THIS AREA.
SO IT, IT IS PRETTY DENSE ALREADY WITH REGARDS TO SHORT-TERM RENTALS AND UH, UM, AND BECAUSE IT'S NOT MEETING THE BLOCK FACE AND CITIES SAYING NO, THE NEIGHBORHOOD'S SAYING NO.
AND, UM, YOU KNOW, I JUST CAN'T SUPPORT IT.
ANYONE ELSE? UH, I'M GONNA CHIME IN.
UM, I, I HAVE A TOUGH TIME WITH THIS ONE BECAUSE I DON'T LIKE THE IDEA OF A DUPLEX FACING ELMERS BEING ONE ADDRESSED ON ONE STREET, ONE ON THE OTHER.
BECAUSE WHAT HAPPENS IS THE ONE ADDRESSED ON NEW BRAUNFELS BEING A BLOCK FACE OF ITSELF, BASICALLY ALWAYS HAS THE ABILITY TO BECOME AN S T R.
AND IF IT WAS ADDRESSED, LIKE IT PROBABLY SHOULD BE.
IT, IT, IT, IT WOULD ALLOW HIM NOT, NOT TO DO THIS WITHOUT EVEN COMING HERE.
SO, UM, I JUST, ON THIS ONE, I JUST FOR THAT FACT ALONE, I ALMOST FEEL LIKE I'M GONNA, I'M GONNA SIDE WITH THE APPLICANT.
SO STAFF, PLEASE TAKE A ROLL CALL VOTE.
MR. MANO, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
IF YOU CAN GET WITH STAFF, THEY'LL TALK TO YOU ABOUT YOUR OPTIONS.
NEXT CASE IS BO O A 22 DASH 1 0 3 0 0 0 29.
UH, LOCATED AT FOUR 10 RERA IN COUNCIL DISTRICT ONE APPLICANT IS GERARDO GARCIA.
UH, THIS IS A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW TWO ADDITIONAL TYPE TWO SHORT-TERM RENTALS.
UH, THE ZONING FOR THIS ONE IS I D Z, UH, INFILL DEVELOPMENT ZONE, UH, WITH A SINGLE FAMILY USES NOT TO EXCEED 14 UNITS PER ACRE.
UH, THE SUBJECT PROPERTY IS GENERALLY LOCATED EAST OF THE LACKLAND AIR FORCE BASE ANNEX NEAR THE SOUTHWEST CORNER OF REFUGIO STREET AND LABOR STREET.
UH, THE PROPERTY CURRENTLY HAS TWO NEWLY CONSTRUCTED SINGLE FAMILY DWELLINGS.
UH, SURROUNDING USES INCLUDE SINGLE FAMILY RESIDENTIAL AND THE SAN ANTONIO INDEPENDENT, UH, SCHOOL DISTRICT OFFICE OF ACADEMICS, AS WELL AS, UH, MULTI-FAMILY STRUCTURE ACROSS THE STREET.
AND THERE'S CURRENTLY ONE OTHER TYPE TWO SHORT-TERM RENTAL PERMIT ISSUED NEXT DOOR TO THE SUBJECT PROPERTY.
AND THIS IS THE ONLY OTHER, UH, TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE.
UH, THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW FOR THE OPERATION OF TWO ADDITIONAL SHORT-TERM RENTAL UNITS IN ADDITION TO THE ONE CURRENTLY PERMITTED.
UH, THESE ARE THE SHORT-TERM RENTALS, UM, NEARBY.
UM, AND THEN THE SITE PLAN FOR THE TWO PROPERTIES, UH, LOCATED ON THIS BLOCK.
UH, AND THAT'S THE SUBJECT PROPERTY AT FOUR 10 BARRERA.
UM, THIS IS SHOWING THE TWO DIFFERENT ENTRANCES WITH THE TWO SEPARATE, UM, UNITS, UH, SO LEFT OR WEST SIDE OF THE PROPERTY SHOWING THE MULTIFAMILY STRUCTURE ACROSS THE STREET.
AND THEN ON THE EAST SIDE, SHOWING THE END OF THE BLOCK, UH, STAFF RECOMMENDS DENIAL OF BO O A 22 DASH 1 0 3 0 0 0 2 9 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THERE BEING CURRENTLY ONE OTHER ACTIVE TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK BASE.
UH, 15 NOTICES WERE MAILED OUT, UH, ONE RETURN IN OPPOSITION, AND THERE HAS BEEN, UH, NO RESPONSE FROM THE WA VACA NEIGHBORHOOD ASSOCIATION, AND I BELIEVE THE APPLICANT IS HERE.
THE APPLICANT CAN COME FORWARDS.
PLEASE STATE YOUR NAME AND ADDRESS, UH, AND YOU CAN BEGIN YOUR PRESENTATION.
UH, PLEASE REFER TO ME AS JERRY.
UM, THANK YOU FOR YOUR TIME TODAY, UH,
[01:05:01]
AND ADDRESS.OH, AND MY ADDRESS IS FOUR 10 RERA STREET.
UH, SO I'M HERE SEEKING, UH, AN EXCEPTION FOR SHORT TERM TYPE TWO, UM, PERMIT, UH, THE PROPERTY AT, IN, IN DISCUSSION IS, UH, A PROPERTY THAT I INVESTED IN COLLABORATION WITH MY SISTER-IN-LAW.
MY WIFE AND I MET IN THE CITY OF SAN ANTONIO IN 2000 AND, UH, TWO.
I HAVE FRIENDS, I HAVE FAMILY STILL IN THE CITY.
MY WIFE IS, UM, A SIBLING, ONE OF EIGHT, THREE OF WHICH ARE LOCATED STILL IN THE CITY OF SAN ANTONIO, UH, INCLUDING, UH, MY SISTER-IN-LAW, PERLA, AND MY BROTHER, WHO ALSO RESIDES IN NORTHWEST, UH, IN THE WILDHORSE, UM, COMMUNITY IN SAN ANTONIO AS PART OF COVID AND THE EQUATION AND THE SNOW GLOBE EFFECT THAT, THAT'S BROUGHT UPON US.
I TURNED TO LOOKING INTO, UH, WHAT MY PATH WAS BACK TO THE CITY, GIVEN MY ROOTS, GIVEN MY INVESTMENT, AND GIVEN, UM, MY LOVE TOWARDS THE CITY AND THE COMMUNITY.
THAT IMMEDIATELY BROUGHT ME TO THE, TO THE NEIGHBORHOOD OF LA VACA.
I LOVE THE HISTORIC NATURE OF THE SURROUNDING AREAS.
THAT IS WHAT, UH, WHAT DREW ME TO THE AREA.
PERSONALLY, I, UH, HAVE RESIDED IN THE PACIFIC NORTHWEST FOR THE PAST 16 YEARS, SORRY, 17 YEARS GOING ON 18.
UH, FOR 10 OF THOSE YEARS I'VE HAD THE FORTUNE OF, UM, PROVIDING HOUSING FOR A FAMILY FOR EIGHT YEARS.
ONE SINGLE FAMILY THAT IS THE TYPE OF PROPERTY OWNER THAT I, UH, STRIVE TO, TO, UM, BE.
I'M COMMITTED WITH MY COMMUNITY, WITH MY TENANTS, WITH MY NEIGHBORS.
I AM INVESTED WITH THE COMMUNITIES THAT I, UH, INVEST IN, PARTICIPATE.
I'M NOT A, UH, COLD-HEARTED, UM, INVESTOR, UH, OR LET, LET'S SAY CALCULATED.
I SEEK TO STRIVE AND UPHOLD AND UPLIFT MY COMMUNITY THAT I, THAT I, THAT I SEEK TO HAVE PART OWNERSHIP IN.
SO THIS BRINGS ME BACK NOW TO WHERE WE'RE AT TODAY.
UM, LA LAVACCA, THESE TWO PROPERTIES, UH, WERE PROPERTIES THAT, THAT WERE PART OF A PARCEL THAT HAS A, A VERY RICH HISTORICAL NATURE.
THEY USED TO BE ONE SINGLE PLOT ALONG WITH THE PROPERTY NEXT TO IT, WHICH IS FOUR 14 RERA STREET.
THE INVESTOR HAPPENED TO, TO BUY BOTH THE WHOLE LOT, WORKED WITH THE CITY AND SUBDIVIDING IT.
UH, AS PART OF THAT, UM, PROJECT, THESE TWO DWELLINGS WERE, WERE LEFT SEPARATE.
NOW, I'D LIKE TO, UM, DEMONSTRATE AS, AS SHOWN IN THE PICTURES TO THE WEST OF US, WE HAVE THE BURNETT LEARNING CENTER.
UH, IT'S A PROPERTY CURRENTLY NOT IN USE FOR, FOR MANY ACTIVITIES.
UH, IT'S, IT'S BEEN A GREAT GROUND GROUNDS FOR, UM, COVID, UH, TESTING AND COVID, UH, VACCINATION SITES.
UH, BUT NOT A TON OF ACTIVITY TO THE NORTH OF US.
BUT TO THE NORTH OF US, WE HAVE, UM, THE VICTORIA PLAZA, WHICH SERVES A SECTION EIGHT HOUSING FOR THE ELDERLY.
IT'S A PROJECT THAT'S BEEN ONGOING FOR A WHILE NOW, UNFORTUNATELY, DUE TO, UH, IMPACTS OF, UM, CIRCUMSTANCES COVID TO THE EAST OF US.
WE HAVE ANOTHER PROJECT THAT'S BEEN ON HOLD FOR SEVERAL YEARS.
UH, THIS IS A TOWN HOME PROPERTY PROJECT THAT'S BEEN ONGOING.
UM, AND THE FOLLOWING IMMEDIATELY PAST THAT IS A, UH, HOME THAT IS ABANDONED.
SO AFTER THAT, THERE'S A LOT OF VACANT LOTS.
SO I PUT A LOT OF PRIDE AND, AND INVESTMENT INTO WORKING WITH THE CITY, UPHOLDING THE, THE VALUES OF THE HISTORICAL OFFICE, OF THE, THE OFFICE OF HISTORICAL DISTRICT, UH, THE CITY OF SAN ANTONIO, TO MAKE SURE THAT WE WERE ABIDING BY CODE AND, UH, HONORING THE HISTORIC NATURE OF PRESERVATION OF THE COMMUNITY AROUND US.
UH, LITERALLY ABOUT A YEAR AGO, THIS WAS A MUD PIT.
UM, AND I WORKED REALLY HARD TO WORK AND COMPLY WITHIN THE LOOK AND FEEL OF, OF THE HISTORICAL NATURE AND PRESERVATION OF THE AREA TO INVEST IN, IN PROPER DRIVEWAY, PROPER LANDSCAPING THAT COMPLIES WITH THE SURROUNDING AREA.
UM, I REALLY BELIEVE THAT WE'RE, WE'RE INVESTED IN THE COMMUNITY AROUND US IN UPLIFTING IT AND SUPPORTING THE LOCAL BUSINESS AROUND US, AND BEING RESPONSIBLE STEWARDS AND, UH, NEIGHBORS IN THE AREA.
I I LITERALLY WILL WALK AROUND THE NEIGHBORHOOD PICKING UP TRASH, UH, REPORTING, UM, PEOPLE THAT ARE DRAG RACING.
WE KNOW IN, IN OUR COMMUNITY, WE'VE HAD A BIG PROBLEM WITH, UH, TRAFFIC IN THE AREA.
THERE'S NEW STOP SIGNS BEING IMPLEMENTED, UH, REPORTING, UH, OBSTRUCTIONS, HAZARDOUS, UH, ITEMS ON THE ROAD.
[01:10:01]
REALLY SEEKING TO BETTER AND UPLIFT THE COMMUNITY AS PART OF THAT I WISH TO, WHILE I'M NOT MAKING USE OF THE PROPERTY, MAKE THAT AVAILABLE TO BRING, UH, WHAT THE NEIGHBORHOOD AND THE AREA PROVIDES FOR OTHERS TO EXPERIENCE AND ENJOY THE COMMUNITY IN SAN ANTONIO AND SOUTH TOWN.SO, I THANK YOU FOR YOUR TIME.
I APPRECIATE YOUR ATTENTION TO THIS MATTER.
UM, AS ONE LAST ITEM, I WOULD LIKE TO DRAW ATTENTION TO, UM, THE DENSITY.
IF I COULD SHOW WHAT I'M, I'M, I'M DEPICTING HERE, YOU CAN SEE THE DENSITY AROUND THIS.
A IT IS A BIT OF A DIFFERENT CIRCUMSTANCE IN TERMS OF RESIDENTIAL DENSITY AROUND, UM, AND BLOCK FACE.
I KNOW THERE'S A LOT OF TECHNICALITIES WITH BLOCK FACES, BUT WE'RE ESTABLISHING HOME HOMES AND UPLIFTING OUR COMMUNITY TO A LEVEL OF STANDARD THAT'S EVEN BEYOND WHAT I KNOW LONG-TERM RENTAL CAN PROVIDE AS A LONG-TERM OWNER THAT CARES AND INVESTS VERY HEAVILY INTO MY PROPERTIES.
A HERE'S A GOOD SIDE BY SIDE PICTURE, JUST TO LEAVE YOU WITH THAT LAST IMAGE.
ANYWAY, IF YOU'VE GOT GOOGLE MAPS LOADED UP BEFORE I TOOK THE, THE LAST PICTURES OF, UH, THE LAST TIME THEY DID A SWEEP OF THE, OF THE CITY, OF THE BLOCK FACE, YOU CAN SEE THE BEFORE.
AND IF YOU LOOK AT THAT TODAY, IT'S UPKEPT MAINTAINED, DECORATED FOR FIESTA.
UH, STAFF, IS THERE ANYONE SIGNED UP TO SPEAK OR ANY VOICEMAILS? NO, THERE IS NO ONE TO SIGN UP AND NO VOICEMAILS.
UH, WE'RE GONNA OPEN THIS UP TO QUESTIONS.
ANYONE LIKE TO, TO START COMMISSIONER KAPLAN? OF COURSE.
UM, WHO'S GONNA BE MANAGING THIS? I DON'T THINK YOU MENTIONED THAT.
SO I SELF-MANAGE BECAUSE I AM A BIT OF A CONTROL FREAK AND I WANT TO UPHOLD THE QUALITY AND THE ATTENTION THAT IS REQUIRED.
AND HOW, HOW WILL YOU BE FINDING THE SHORT-TERM RENTAL RENTERS? I USE A VARIETY OF, UH, PLATFORMS, UH, VRBO AS WELL AS AIRBNB AND, AND SELF FILTER AND SELF SCREEN MYSELF.
UH, SO I SELF-MANAGE, I SELF INTAKE AND, UH, DO DUE DILIGENCE AS WELL AS ENGAGEMENT AND IN CONTINUITY WITH, UH, THE GUESTS THAT WE RECEIVE.
SO ARE YOU CONCERNED THAT MORE THAN ONE FAMILY RENTED A TIME INSIDE? LIKE ONE HOUSE, ONE FAMILY PER BEDROOM, LIKE YOU ARE CLOSE TO DOWNTOWN.
SO I SEE THAT IT MIGHT BE A GOOD PLACE FOR TOURISTS TO COME.
SO ARE YOU GONNA DO LIKE THREE FAMILIES, ONE PER BEDROOM WOULD RENT THE HOUSE AT ONE TIME? SO THAT'S A GREAT QUESTION.
OR ARE YOU GOING TO BE, YEAH, THANK YOU FOR THAT QUESTION.
UM, THE INTENTION HERE IS TO OPEN THIS SINGLE PROPERTY FOR ONE SINGLE GUEST OCCUPANT.
UH, THERE ARE LIMITATIONS BASED ON THE PLATFORM ON HOW MANY THE MAXIMUM OCCUPANCY AND, AND EVEN AS, UH, REGISTERED WITH THE CITY CAN, UH, CAN STAY AT THE, AT THE PROPERTY.
I CANNOT CONTROL NECESSARILY IF IT'S A MIXTURE OF TWO, TWO SMALL FAMILIES STAYING THERE THOUGH, AS OPPOSED TO, UM, PROBABLY A, UH, A COUPLES, A GROUP OF COUPLES FRIENDS STAYING.
AND WILL YOU HAVE A MAXIMUM NUMBER OF CARS THAT YOU ALLOW? YES, ABSOLUTELY.
AND, UH, IT'S WORTH POINTING OUT THAT WE DID BUILD A A HUNDRED FOOT DRIVEWAY AS, AS WELL AS TWO PARKING PADS TO OFFLOAD A LOT OF THE BURDEN ON THE STREET PARKING.
ANYONE ELSE? OKAY, I HAVE A QUESTION.
UM, SO YOU FOUR 14 HAS AN AS TYPE ONE S T R.
BUT THIS FLAG LOT, IS THERE TWO LIVING AREAS HERE OR JUST ONE IN THE FLAG LOT? THERE IS TWO STRUCTURES.
UH, THAT'S WHY WE REQUIRE, UH, BY DEFINITION THE TWO PERMITS, ALTHOUGH THE INTENT IS TO RENT THEM OUT AS ONE SINGLE, UH, PROPERTY, BUT SO IS HE, IS HE ASKING FOR FOR TWO ADDITIONAL OR ONE ADDITIONAL TWO ADDITIONAL? IT HAS TO BE TWO BECAUSE THERE'S TWO STRUCTURES, CORRECT.
IS IT A FUNCTIONING GARAGE OR IS IT IT IT IS A FUNCTIONING GARAGE, CORRECT.
AND AND HOW MANY CARS DO YOU THINK YOU CAN FIT ONE CAR? WELL, IN THE GARAGE, BUT ON YOUR PROPERTY? OH, TOTAL ONE IN THE GARAGE, TWO PARKING PADS ABOUT FIVE LINED UP.
I JUST WANT TO, THAT'S JUST CURIOUS.
I HAVE NO ADDITIONAL QUESTIONS IF ANYONE ELSE BEFORE WE CLOSE THIS OFF, HEARING NONE, UH, THANK YOU VERY MUCH, SIR.
UH, WHAT WE'RE GONNA DO IS, UH, DELIBERATE AND WE WILL LET YOU KNOW HOW IT TURNS OUT.
UH, WHO'D LIKE TO MAKE A MOTION DEAL? COMMISSIONER DEAL.
YOU'RE GONNA BE WELL REGARDING CASE NUMBER BO A DASH 22 DASH 0 3 0 29.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR TWO TYPE TWO SHORT-TERM RENTALS UNITS SITUATED AT FOUR TIMBER BARRERA, APPLICANT BEING GERARDO GARCIA.
[01:15:01]
PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT THE LITTLE ENFORCEMENT, OTHER PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY.
THE BOARD FINDS THAT THE REQUEST TO OPERATE TWO ADDITIONAL SHORT-TERM RENTALS IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE.
THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY.
B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE.
THE BOARD FINDS THAT THERE ARE A TOTAL OF FIVE RESIDENTIAL UNITS ON THIS BLOCK, FACE AND SPECIAL EXCEPTION WOULD PERMIT A TOTAL OF THREE TYPE TWO SHORT-TERM RENTALS, RESULTING IN 60% OF THE BLOCK FACE.
THERE DOES NOT TO BE A, NOT APPEAR TO BE A REASON TO BELIEVE THAT A PUBLIC NUISANCE WOULD BE CREATED IF THESE PERMITS WERE APPROVED.
C THE NEIGHBORING PROPERTY WILL NOT SUBSTANTIALLY INJURE, WILL NOT BE SUBSTANTIALLY INJURED BY THE, BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES, SCHOOL DISTRICT OFFICES, AND MULTI-FAMILY RESIDENCES.
THIS UNIQUE SCENARIO DOES NOT CAUSE REASON TO BELIEVE THAT IT WILL SUBSTANTIALLY INJURE THE NEIGHBORING PROPERTY, THE ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACULTIES HAVE BEEN OR ARE BEING PROVIDED.
THE SUBJECT PROPERTY PROVIDES OFF-STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
E THE APPLICANT OR OWNER FOR 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 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION.
THE APPLICANT CURRENTLY OPERATES A SHORT TERM RENTAL AT 4 1 14 BY THAT ERA 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 IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO COMMERCIAL OFFICE SPACE, OTHER RESIDENTIAL USES OF VARYING DENSITY, EXCUSE ME, VARYING, VARYING INTENSITY WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM N THE NEIGHBORING PROPERTY.
THE SPECIAL EXCEPTION DOES NOT, NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION.
HEY, SECOND BY COMMISSIONER KAPLAN.
UH, I'LL BE IN SUPPORT OF THIS EVEN MORE SO THAN THE LAST CASE.
I LIVED LESS THAN A BLOCK FROM THIS LOCATION.
THERE ARE LITERALLY HUNDREDS OF UNITS THAT ARE NOT BEING APPLIED TO THE DENSITY CALCULATION FOR THIS SPOT.
AND ALSO PREVIOUSLY BEING A PART OF THE LAVACCA NEIGHBORHOOD ASSOCIATION, IF THEY WERE IN OPPOSITION, THEY WOULD'VE BEEN VOCAL AND SPOKEN OFF.
THANK YOU COMMISSIONER KAPLAN.
AND BELIEVE IT OR NOT, I AGREE WITH COMMISSIONER THIEL ON THIS ONE.
I DON'T THINK ANYBODY WOULD NOTICE, UM, A FEW MORE PEOPLE WANDERING AROUND THE NEIGHBORHOOD.
UM, IT IS ALSO CLOSE TO DOWNTOWN, SO IT'S A GREAT PLACE FOR TOURISTS TO, TO RENT.
UM, SO I WOULD BE IN, I WILL BE IN SUPPORT OF THIS TOO.
ANYONE ELSE? COMMISSIONER ALBERT? YES.
I WON'T BE IN SUPPORT THIS APPLICATION.
I THINK, UM, IT, IT FAR EXCEEDS THE DENSITY THAT THE CITY, UH, HAS AGREED WITH ALL OF THE, THE STAKEHOLDERS FOR THIS PROGRAM.
AND ALSO, IT, IT'S A NEIGHBORHOOD THAT NEEDS TO GO SOMEWHERE.
IT NEEDS TO GO IN A GOOD DIRECTION.
AND I THINK A KEY THING TO GET A NEIGHBORHOOD TO GO IN A DIRECTION IS NEIGHBORS.
NEIGHBORS ARE PEOPLE THAT ARE THERE EVERY DAY FOR A LONG TIME AND, UH, UH, THAT'S WHY THE SS T R RULES ARE WRITTEN AND, UH, I THINK THAT'S WHY IN THIS CASE ESPECIALLY, THEY NEED TO BE HELD UP.
ANYONE ELSE? O ZUNA? COMMISSIONER ZUNA? YES.
SO I'LL BE IN SUPPORT OF THE MOTION.
I THINK, UH, THE CASE HERE IS THAT, UH, YOU KNOW, YOU DON'T HAVE THE OPPOSITION FROM THE NEIGHBORHOOD ASSOCIATION.
UH, YOU DON'T HAVE AN OVERWHELMING, UH, UM, UH, DISAPPROVAL FROM THE NEIGHBORS.
UM, AND I THINK IT'S A GOOD USE.
IT SERVES THE PURPOSE OF PROVIDING THAT, UH, VISITOR EXPERIENCE FOR SAN ANTONIO IN A CLOSE PROXIMITY TO THE AMENITIES OF DOWNTOWN.
AND WE DON'T HAVE THE OPPOSITION FOR THE NEIGHBORHOOD ASSOCIATION.
SO I'M SUPPORTING THIS MOTION.
ANYONE ELSE? MANNA COMMISSIONER MANNA? UM, I AGREE WITH MR. ALBERT HERE.
UM, SO I ZOOMED OUT A LITTLE BIT.
UM, AGAIN, SO THREE BLOCK AREA.
THERE ARE 33 SHORT TERM RENTALS HERE IN THAT THREE BLOCK AREA AND 18 TYPE ONES TOO.
SO, SO IT HAS A LOT OF DENSITY ALREADY WITH REGARDS TO THE, THE RENTAL, UM, DIALOGUE.
AND, AND I THINK IT'S ALSO GOOD TO REMEMBER THAT, UH, PEOPLE THAT WORK DOWNTOWN NEED HOUSING TOO.
AND SO, SO THIS, I THINK IT PROVIDES THEM AN OPPORTUNITY, UH, TO HAVE THAT HOUSING.
SO, UM, SO, SO YEAH, I THINK IT'S KIND OF TOO DENSE, UM, UH, ALREADY IN THAT COMMUNITY.
SO I'LL BE VOTING IN OPPOSITION.
ANYONE ELSE? MIN CHAKA, COMMISSIONER MIN CHAKA.
UH, HOW MAY GO AGAINST THE GRAIN ON THIS ONE TOO, BECAUSE, UH, IT COULD BE, UH, FIVE TO EIGHT PEOPLE IN THE HOUSE AT, AT ONE TIME.
IT COULD BE MAYBE 16 PEOPLE ALL TOGETHER, FIVE CARS
[01:20:01]
AT ONE TIME AND PROBABLY ROTATING EVERY SIX MONTHS OR WHATEVER.THAT'S A LOT OF DENSITY IN AND OUT THAT YOU HAVE NO CONTROL OVER THE PEOPLE'S BEHAVIOR, ESPECIALLY DOWNTOWN.
SO, UH, I'M, I WON'T BE SUPPORTING THIS BECAUSE OF THE POSSIBLE CONGESTION.
ANYONE ELSE? UH, I'M GONNA BE IN SUPPORT OF THIS.
UM, WHAT, WHAT I DO LIKE ABOUT THIS APPLICATION IS THAT IT HAS SO LITTLE SURROUNDING, UH, UH, LONG-TERM SINGLE FAMILY HOMES.
IT'S SO SECLUDED FROM, 'CAUSE IT'S ALL IN THE REAR OF A PROPERTY AND HE HAS ADEQUATE PARKING, WHICH IS REALLY IMPORTANT TO ME.
UH, AND IT'S, IT, IT JUST SEEMS LIKE THE ABUTTING NEIGHBORS IS REALLY A, A PUBLIC SCHOOL.
SO IF ANYTHING WORSE GOING ON LATE AT NIGHT, I MEAN, IT, IT, IT'S NOT REALLY GONNA BE AFFECTING ANYBODY.
UM, AND SO I JUST, I DON'T SEE AN ISSUE WITH THIS PARTICULAR ONE.
UM, SO STAFF WITH THAT, PLEASE TAKE A ROLL CALL.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT.
SO IF YOU COULD GET WITH STAFF, THEY'LL TALK TO YOU ABOUT YOUR OPTIONS AND, UM, LIKE TO ASK MY COLLEAGUES BEFORE WE MOVE ON, UM, WOULD ANYBODY ENTERTAIN GRANTING ONE ADDITIONAL S T R ON THIS OR IS THAT, UM, FROM THOSE WHO ARE IN OPPOSITION, WILL THAT DO ANYTHING FOR YOU? NO, THAT'S REALLY, NO, I JUST WANTED TO SEE.
RICHARD ABOUTA, UM, PLANNER HERE IN DEVELOPMENT SERVICES, UM, BO O A 22 1 0 3 0 0 0 1 2 LOCATED AT 2 4 5, UM, ISABELLE STREET, UM, LOCATED IN DISTRICT THREE.
UH, REQUEST FOR RENEWAL OF A SPECIAL EXEMPTION TO ALLOW A ONE OPERATOR BEAUTY SLASH BARBERSHOP IN A SINGLE FAMILY HOME APPLICANT BEING ELVA ANO, UM, ZONING IS R SIX RESIDENTIAL SINGLE FAMILY.
UH, SO THE PROPERTY IS CURRENTLY LOCATED ON ISABELLA STREET.
UM, THE APPLICANT, UH, DID RECEIVE A SPECIAL EXEMPTION BACK IN FEBRUARY 3RD, 2019.
UH, THE INITIAL, UH, EXEMPTION WAS GRANTED FOR TWO YEARS, AND IF RENEWAL IS GRANTED, IT WOULD EXPIRE IN FOUR YEARS ON MARCH 7TH, 2026.
UM, THE APPLICANT IS REQUESTING TO CONTINUE THE BUSINESS OF A ONE OPERATED BEAUTY SALON ON THE PROPERTY WITH THE HOURS OF OPERATION BEING 8:00 AM TO 2:00 PM MONDAY THROUGH FRIDAY.
UH, CURRENT PICTURES OF THE SITE PLAN, UH, SUBJECT PROPERTY ITSELF AND THE SURROUNDING AREAS, UH, STAFF RECOMMENDS APPROVAL IN BO O A 22 1 0 3 0 0 0 1 2.
UM, BASED ON THE FOLLOWING FINDINGS OF FACTS, UM, THE BEAUTY BARBERSHOP WILL BE OPERATED BY A SINGLE OWNER AND RENEWAL FOR THE SAME TYPE OF BUSINESS THAT FROM FEBRUARY 3RD, 2019 AND THE RENEWAL WILL NOT ADVERSELY AFFECT THE NEIGHBOR NEIGHBORING PROPERTIES.
THERE WERE 24 NOTICES MAILED ZERO IN FAVOR, ZERO IN OPPOSITION.
AND ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION IS IN FAVOR, AND I BELIEVE THE APPLICANT IS PRESENT.
THAT CONCLUDES THAT PRESENTATION.
HELLO, MISS, UH, IF YOU COULD COME ON UP AND STATE YOUR NAME AND ADDRESS FOR THE RECORD.
UH, WE'RE GONNA NEED AN INTERPRETER.
INTERPRET IF THE SPANISH INTERPRETER COULD PLEASE COME OUT.
TWO YEARS AGO I OPENED A BEAUTY SALON AT MY HOUSE.
UH, WE NEED THE ADDRESS, ADDRESS, 2 45 ISABEL, I NEED FOR MY PERMIT TO BE APPROVED AGAIN, AS I STILL FEEL I HAVE ENOUGH ENERGY TO CONTINUE WORKING.
UM, AND BEFORE, UH, MOVE ON, JUST TO VERIFY THE OPERATING HOURS ARE EIGHT 8:00 AM
[01:25:01]
2:00 PM MONDAY THROUGH FRIDAY.AND THEN HOW, HOW MANY YEARS ARE THEY REQUESTING? UH, THIS IS A RENEWAL, SO IT WOULD BE FOR FOUR YEARS.
IS THERE ANY QUESTIONS FOR THE APPLICANT? ALBERT? COMMISSIONER ALBERT? I'D JUST LIKE TO THANK THE APPLICANT FOR TAKING THE TIME OUT OF HER SCHEDULE TO COME DOWN AND, AND MAKE THE FORMAL APPLICATION.
AND I APPRECIATE HER HAVING A SMALL BUSINESS IN HER COMMUNITY.
UH, COMMISSIONER ZUNIGA, UH, HAVE YOU EVER HAD ANY COMPLAINTS THE LAST THREE YEARS? ANY WHAT? I'M SORRY.
COMPLAINTS BY THE STATE CITY? NO.
HAVE YOU RESEARCHED IT? HAS ANYBODY RESEARCHED? THERE HAVE BEEN NO CODE, CODE VIOLATIONS, RESERVE STATE, LOCAL, MUNICIPAL? NO.
AND, UH, BEFORE WE MOVE ON TO NOBODY SIGNED UP TO SPEAK ON THIS, I DO WANNA CLARIFY.
WE HAVE ELVA ODA THAT SIGNED UP.
UH, MY MARRIAGE NAME, BUT MAIDEN NAME IS LONO.
UM, IF THERE'S NO OTHER QUESTIONS, WE'LL, COMMISSIONER BRAGMAN BRAGMAN.
REGARDING CASE NUMBER BOA DASH 22 DASH 0 3 2, I MOVE TO THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A RENEWAL OF A SPECIAL EXCEPTION TO ALLOW ONE OPERATOR BEAUTY BARBER SHOP IN A SINGLE FAMILY HOME SITUATED AT 2 4 5 ISABELLE STREET, APPLICANT BEING ELVA LONO BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF UNIFIED ILL 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.
THE BARBER BEAUTY SHOP SALON IS INTENDED TO BE OPERATED BY SINGLE OWNER.
THIS REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE ORDINANCE.
PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE APPLICANT IS PROPOSING TO OPERATE A BEAUTY SHOP, BARBER SALON, LOCATED AT THE RESIDENTIAL PROPERTY BY SINGLE OWNER, WHICH WILL STILL, WHILE STILL PERMITTING A SENSE OF COMMUNITY, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
WITH THIS SPECIAL EXCEPTION, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY ENTERED BY SUCH PROPOSED USE.
THE BARBERSHOP BEAUTY SALON WILL NOT DISRUPT THE, THE PRIVACY OF THE SUBJECT PROPERTY AND IS HIGHLY UNLIKELY TO INJURE ADJACENT PROPERTIES.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER, THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE BARBERSHOP E SALON WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE SINGLE FAMILY DWELLING WILL REMAIN, WILL REMAIN TO APPEAR AS SUCH.
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 SINGLE FAMILY HOME AND THE OPTION TO OPERATE A SINGLE FAMILY, SINGLE OPERATOR BARBER BEAUTY SALON.
THE REQUESTS, THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT.
HOLD ON A SECOND TO AMEND THE MOTION.
YEAH, IF I CAN AMEND THE MOTION TO SPECIFY THAT THIS IS A FOUR YEAR RENEWAL AND THE HOURS WILL BE MONDAY THROUGH FRIDAY.
JUST VERY HAPPY THAT YOU'VE BEEN SUCCESSFUL SO FAR AND I LOOK FORWARD TO ANOTHER FOUR YEARS IF YOU CHOOSE TO, TO DO SO.
SO, UH, WE ALWAYS LIKE TO SEE SMALL BUSINESSES AND THIS IS A GREAT, UM, GREAT SMALL BUSINESS COMMISSIONER CRUZ.
UM, I CONCUR WITH MY COLLEAGUE AND I'M, UH, VERY EXCITED THAT SHE IS STILL WILLING TO WORK A COUPLE OF MORE YEARS.
ANYONE ELSE LIKE TO ADD COMMISSIONER MINCHA MINKA? I HAVE TO, UH, ALSO AGREE WITH THIS.
UM, AND WITH THAT STAFF, BE SICK.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACTS.
MR. MANNA I CONCUR THE FINDINGS OF FACT.
CHAIR ORIAN AND I ALSO CONCUR.
UH, MOTION PASSES UNANIMOUSLY.
CONGRATULATIONS AND GOOD LUCK ON YOUR ENDEAVORS.
[01:30:02]
THANK YOU.ALL RIGHT, I THINK WE HAVE TIME FOR ANOTHER ONE BEFORE WE TAKE A BREAK UNLESS I HEAR ANY OPPOSITION.
ITEM NUMBER SEVEN IS FOR CASE BO A DASH 22 DASH 1 0 3 0 0 4 0.
LOCATED AT 2 4 8 WEST CHERYL WITHIN COUNSEL.
DISTRICT SEVEN, THE APPLICANT BEING VIRGINIA LA SOYA IS A REQUEST FOR A SPECIAL EXEMPTION EXCEPTION, EXCUSE ME, TO ALLOW FOR RENEWAL OF A ONE OPERATOR BEAUTY SALON.
THE PROPERTY IS OWNED, OUR FIVE RESIDENTIAL SINGLE FAMILY DISTRICT.
THE APPLICANT IS REQUESTING TO CONTINUE THE BUSINESS OF A ONE OPERATOR BEAUTY SALON ON THE PROPERTY.
THE PROPERTY WAS FIRST GRANTED AN APPROVAL FOR THE ONE OPERATOR BEAUTY SALON IN 1997.
PREVIOUS RENEWAL WAS PROCESSED AND APPROVED BY THE BOARD OF ADJUSTMENT ON MARCH 5TH, 2018.
THE PROPOSED HOURS OF OPERATION ARE TUESDAY FROM 10:00 AM TO 5:00 PM THURSDAY AND FRIDAY FROM 11:00 AM TO 5:00 PM AND SATURDAY 11:00 AM TO 3:00 PM NEXT SLIDE.
THIS IS THE SITE PLAN THAT WAS SUBMITTED BY THE APPLICANT, WHICH, UH, SHOWS THE LOCATION OF THE BEAUTY SHOP, THE EXISTING RESIDENCE ON THE LOT, THE LOCATION OF THE BEAUTY SALON, JUST A CLOSE UP LOOK OF THAT, THE SURROUNDING AREA.
AND ANOTHER VIEW OF THE SURROUNDING AREA REGARDING ONE OPERATOR.
BE SALON FOR CASE BOA DASH 22 DASH 0 3 4 0.
STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE BUSINESS WILL NOT NEGATIVELY IN AFFECT NEIGHBORING PROPERTIES.
AND TWO, THE REQUESTS WILL MEET ALL THE, IT MEETS THE CRITERIA FOR GRANTING THE EXCEPTION.
THERE ARE 23 NOTICES MAILED ZERO IN FAVOR, ZERO POST AND NO RESPONSE FROM UNIVERSITY PARK NEIGHBORHOOD, UNIVERSITY PARK NEIGHBORHOOD ASSOCIATION.
THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS AVAILABLE TO ANSWER ANY QUESTIONS.
IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
YOU CAN BEGIN YOUR PRESENTATION.
YES, MY NAME IS VIRGINIA DEYA.
BEEN DOING HERE FOR 37 YEARS AND BEEN THERE SINCE 97 DOING IT AT MY HOME.
AND I JUST WANNA GRANT FOUR MORE YEARS.
NO, NOTHING NEGATIVE, NO COMPLAINTS.
ACTUALLY MY CUS MY NEIGHBORS ARE MY CUSTOMERS ALSO.
AND I JUST WORKED THOSE HOURS PART-TIME.
THANK I CAN TELL YOU'VE DONE THIS BEFORE.
ANYONE SIGNED TO SPEAK ANY VOICEMAILS? NO.
ALL ANY QUESTIONS FOR THE APPLICANT? DID, DID WE HEAR HOURS AND DAYS? DID SAY, I'M SORRY I MISSED IT.
UH, WITH THAT, UH, THANK YOU VERY MUCH.
UH, ANYONE LIKE TO MAKE A MOTION? SURE.
COMMISSIONER PMA, I DON'T WANT ETH TO HAVE ALL THE FUN
I MOVE TO THE BOARD OF ADJUSTMENT GRANTS REQUEST FOR A SPECIAL EXCEPTION TO ALLOW THE RENEWAL.
IS IT A FOUR YEAR CORRECT, UH, FOUR YEAR RENEWAL OF THE ONE OPERATOR BEAUTY SALON BARBERSHOP SITUATED AT 2 4 8 WEST SHERRILL.
APPLICANT BEING VER VIRGINIA AND FRANK LA SOYA.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW 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 A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
THE U D C STATES, THE B BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR SINGLE OPERATOR BAR BARBERSHOP BEAUTY SALON.
THE BARBERSHOP BEAUTY SALON IS INTENDED TO BE OPERATED BY SINGLE OWNER AND WILL BE IN HARMONY OF THE SPIRIT AND PURPOSE OF THE ORDINANCE.
THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE APPLICANT IS PROPOSING TO OPERATE A BEAUTY SHOP BARBERSHOP BEAUTY SALON LOCATED AT THE RESIDENTIAL PROPERTY.
THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED WITH A SPECIAL EXCEPTION.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE BARBERSHOP BEAUTY SALON WILL NOT DISRUPT THE PRIVACY OF THE SUBJECT PROPERTY AND IS HIGHLY UNLIKELY TO INJURE ADJACENT PROPERTIES.
THE PROPOSED HOURS OF OPERATION ARE TUESDAY 10:00 AM TO 5:00 PM THURSDAY THROUGH FRIDAY FROM 11 P 11:00 AM TO 5:00 PM AND SATURDAY 11:00 AM TO 3:00 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 BARBERSHOP 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 HEREIN ESTABLISHED FOR THIS SPEC SPECIFIC DISTRICT.
THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME AND THE OPTION TO OPERATE A SINGLE OPERATOR BEAUTY SLASH BARBER SALON.
THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN
[01:35:01]
THE GENERAL PURPOSE OF THE DISTRICT.SECOND BY COMMISSIONER KAPLAN.
UM, AGAIN, YOU'VE BEEN DOING THIS FOR QUITE A WHILE AND SO YOU KNOW THE INS AND OUT AND THE RULES AND YOU HAVEN'T HAD ANY COMPLAINTS AND WE'RE JUST HAPPY TO SEE A SMALL BUSINESS CONTINUING TO OPERATE.
SO I'LL BE IN SUPPORT OF THIS MOTION.
ALL RIGHT, COMMISSIONER KAPLAN, UH, AND I'LL BE IN, I'LL BE IN SUPPORT OF THE MOTION TO AND CONGRATULATIONS ON SUCH A LONG LASTING BUSINESS.
ALL RIGHT, ANYONE ELSE? HEARING NONE? STAFF PLEASE TAKE A ROLL CALL VOTE MS. BRAGMAN.
I CONCUR WITH THE FINDINGS OF FACT.
MR. MANNA I CONCUR THE FINDINGS OF FACT.
CHAIR ORIAN AND I ALSO CONCUR.
ALRIGHT, ITEM NUMBER EIGHT, PLEASE.
ADDRESS IS 4 21 HOWARD STREET COUNCILS DISTRICT ONE A REQUEST FOR A TWO FOOT SPECIAL EXEMPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW A SOLID SCREEN FENCE TO BE EIGHT FOOT TALL ALONG THE SIDE AND REAR PROPERTY LINES.
APPLICANT IS ALTA COSTANZO AND ZONING IS C TWO.
THE SUBJECT PROPERTY IS LOCATED AT 4 21 HOWARD STREET AND IS, AND THIS IS A COMMERCIAL PROPERTY.
A NEW FENCE WAS REPLACED WITHOUT PERMITS.
THIS FENCE REPLACEMENT IS FOR AN EXISTING EIGHT FOOT FENCE THAT WAS IN PLACE PRIOR.
THE REQUEST DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT SITE PLAN.
SUBJECT PROPERTY STAFF RECOMMENDS APPROVAL AND BO O A 22 1 0 3 0 0 32 BASED ON THE FIND FOLLOWING FINDINGS OF FACT, THE ADDITIONAL TWO FOOT AND HEIGHT WILL PROVIDE ADDITIONAL SAFETY AND SECURITY TO THE PROPERTY.
DEFENSE REPLACEMENT IS FOR AN EXISTING EIGHT FOOT FENCE THAT WAS IN PLACE PRIOR AND THE REQUEST DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT NOTIFICATION PLAN.
16 NOTICES WERE MAILED TO IN FAVOR, ZERO OPPOSITION AND NO RESPONSE FROM THE TOBIN HILL COMMUNITY COMMUNITY ASSOCIATION.
THIS CONCLUDES STAFF'S PRESENTATION.
UH, IS THE APPLICANT PRESENT? OKAY.
UH, STAFF HAVE YOU, DID YOU SEE THE APPLICANT OR HEAR FROM THEM TODAY? I, I MADE CONTACT WITH THEM.
SO WITH THAT, UM, WE DON'T HAVE THE ABILITY TO HEAR A PRESENTATION FROM THE APPLICANT OR HAVE ANY QUESTIONS? NO, WE, WE DON'T NEED ONE EXISTING.
SO DIDN'T WE HEAR THIS? OH, LAST MONTH? NO, NO.
AND SO LET'S JUST, LET'S JUST NANA, SORRY.
SO, SO, YOU KNOW, TALKED ABOUT THE PRIOR FENCE BEING HERE, BUT WHEN I TOOK A LOOK ON THE GOOGLE DRIVE, IT DOESN'T SHOW AN EIGHT FOOT FENCE.
SO I GOT CONFUSED THERE, YOU KNOW, THOUGHT I'M NOT QUITE SURE.
YEAH, IT LOOKS LIKE THEY'RE JUST WRAPPING AROUND.
THERE'S A JUST ALONG THE REAR THAT ABUTS THE CLINIC AND THEN, AND THE LITTLE PART THAT GOES ALONG CYPRESS TO BLOCK THE, THE POOL FROM FROM SITE.
UM, IF, WHY DON'T COMMISSIONER LIKE TO MAKE A MO SOMEONE LIKE TO MAKE A MOTION ON THIS AND WE CAN DELIBERATE.
COMMISSIONER TEO TEO, REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 0 3 2, I MOVE TO THE BOARD OF ADJUSTMENT GRANT.
A GRANT A REQUEST FOR A TWO FOOT SPECIAL EXCEPTION FOR THE MAXIMUM SIX FOOT FENCE HEIGHT REQUIREMENT TO ALLOW AN EIGHT FOOT SOLID SCREEN FENCE ALONG THE SIDE AND REAR YARD SITUATED A 4 2 1 HOWARD STREET APPLICANT BEING RENATA COSTANZO BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY AS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
THE ADDITIONAL FENT HEIGHT, FENCE HEIGHT AS PROPOSED WOULD BE IN HARMONY WITH THE SPIRIT OF THE PURPOSE OF THE ORDINANCE.
THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE.
THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT COMMERCIAL 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.
THIS DEFENSE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY AND IS UNLIKELY TO SUBSTANTIALLY INJURE THE NEIGHBORING PROPERTIES.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT
[01:40:01]
AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.THE ADDITIONAL HEIGHT FOR THE THE SIDE AND REAR YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
E 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 THE BED AND BREAKFAST.
THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT INTO MOTION.
UM, COMMISSIONER ORIAN GETS A SECOND ON THAT.
AND, UH, I, I'D LIKE TO REQUEST
I I'LL AMEND THE MOTION TO, UH, TO SPECIFY THAT THE EIGHT FOOT FENCE WOULD BE THE SIDE ALONG CYPRESS STREET.
IS THERE ANY DISCUSSION? ALL RIGHT.
HEARING NONE SEEMS PRETTY CUT AND DRY STAFF PLEASE TAKE A ROLL CALL VOTE.
MS. BRAGMAN I CONCUR THE FINDINGS OF FACT.
I ALSO CONCUR THE FINDINGS OF FACT, BUT BEFORE I ANNOUNCE A, UM, THE RESULTS WE NEED TO CLARIFY.
YEAH, JUST TO CLARIFY THE, CAN YOU PULL UP THE SITE PLAN? YEAH, IT'S, IT, IT'S SHOWING A PIECE THAT IT LOOKS LIKE IT'S FRONTING ALONG HOWARD, BUT I DIDN'T, I WANT, IT'S IT'S BEHI.
SO I WANTED TO KNOW IF THAT WAS WITHIN THE SCOPE OF IT BEING SIDE AR REAR.
SO IT'S, IT'S IN THE SIDE YARD.
UM, SO IT'S NOTICED APPROPRIATELY AND THAT'S WHY THEY'RE REQUESTING IT FOR SIDE AND REAR.
SO WE JUST NEED TO KNOW IF THAT'S THE PORTION.
I MEAN, BASED ON WHAT THEY'RE REQUESTING, IS THAT WHAT'S BEING APPROVED? UH, TO DO THIS CORRECTLY, I AM GOING TO, UM, ASK THE MAKER THE MOTION TO CLARIFY THAT IT'S, IT'S, IT'S ALONG THE REAR AND THE SIDE ON CYPRESS AS REFLECTED IN THE APPLICATION.
AND I'LL AMEND, UH, MY MOTION TO REFLECT THAT IT IS AS THE SITE PLAN IS DEPICTED IN THE PRESENTATION, I ACCEPT AS A SECOND STEP.
PLEASE TAKE ANOTHER ROLL CALL VOTE JUST TO MAKE SURE THAT WE'RE NOT, UH, GETTING BEYOND ANYTHING HERE.
IS THAT, IS THAT A, IS THAT A NO? OR ABS STATE? ABS? NO, I DON'T CONCUR.
I I HAVE NOTHING IN FRONT HERE.
THE COMPLAINANT DIDN'T COME IN EITHER, SO WE DIDN'T COME HERE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACTS.
AS AMENDED CHAIR ORIAN, I ALSO CONCUR AS AMENDED.
UM, ALL RIGHT, NEXT CASE ITEM NUMBER NINE.
SHOULD WE TAKE A BREAK? DO YOU WANT, UH, DOES ANYBODY NEED A BREAK? OKAY, WE'RE GONNA ASK FOR A BREAK.
WE WILL RECONVENE AT, UH, 3 0 3.
THAT'LL GIVE YOU NINE MINUTES.
[01:47:13]
YOU COULD SEE ONCOMING TRAFFIC.WE HAVE A LOT OF FOOT TRAFFIC 'CAUSE WE LIVE OFF THE MAIN STREET IN THE SUBDIVISION.
UM, OUR MAILBOXES ARE RIGHT NEXT TO OUR PROPERTY AND YOU COULD JUST COMPLETELY SEE INTO OUR HOUSE FROM OUR BACKYARD.
I HAVE TWO LITTLE ONES, TWO YEARS OLD.
WE PLAY ON THE BACK PORCH AND BEFORE WE ADJUSTED THE HEIGHT OF THE FENCE, YOU COULD SEE US PLAYING ON THE BACK PORCH BECAUSE OUR HOUSE IS SO HIGH UP FROM THE LEVEL OF THE STREET.
UM, THIS IS THE COMPLETED POOL WITHOUT THE EIGHT FOOT FENCE.
AND YOU COULD SEE FROM THE DECK OF THE POOL, IT'S JUST A STRAIGHT SHOT OVER THE FENCE.
THERE'S NO PRIVACY WHATSOEVER.
AND EVEN WITH THE EIGHT FOOT FENCE, WE STILL HAVE THERE.
WE HAVE MADISON HIGH SCHOOL, NOT TOO FAR FROM US.
UM, WE HAVE KIDS COMING IN AND OUT, BUS STOPS, EVERYTHING LIKE THAT.
WE STILL HAD MONEY COINS THROWN IN OUR POOL.
EVEN WITH THE EIGHT FOOT FENCE ROCKS THROWN IN, EVEN WITH THE EIGHT FOOT FENCE, I CAN'T IMAGINE IF WE HAD THE SIX FOOT FENCE, WHAT THEY WOULD BE DOING BECAUSE IT'S SO CLOSE TO THE PROPERTY LINE.
THEY COULD BASICALLY CLIMB IT, THROW ANYTHING THEY WANTED IN IT.
IT'S JUST FOR OUR SAFETY FOR THE NEIGHBORHOOD SAFETY.
WE JUST WANTED A HIGHER PRIVACY FENCE AND THANK YOU.
UM, WE'LL SEE IF ANYONE CITED TO SPEAK OR ANY, UH, VOICEMAILS STAFF.
SO WE'LL SEE IF THERE'S ANY QUESTIONS.
ANY QUESTIONS FOR THE APPLICANT? COMMISSIONER CRUZ? UM, I GOT ONE FOR STAFF.
IT SHOWS ONE IN OPPOSITION, BUT I DON'T SEE IT ON THE MAP.
WHERE'S THE X? IT'S ON THEIRS.
IT'S TOWARD THE BOTTOM OF THAT TOP.
SEE, I DON'T SEE IT ON THIS ONE.
IT'S NOT EVEN CLOSE, BUT, OKAY.
UM, ANY OTHER QUESTIONS? I HAVE A QUESTION AT UHHUH.
IS THAT TRUE? MORE THAN YES, BECAUSE IT SURE LOOKS LIKE, YEAH, BECAUSE YOU CAN SEE PERFECTLY INTO THEIR YARD FROM OUR YARD, JUST FROM THE PORCH.
THE SAME WITH THE OTHER HOUSE, BECAUSE OUR BACKYARD PRETTY MUCH TAKES UP TWO LOTS.
IT'S A PRETTY SIGNIFICANTLY SIZED BACKYARD.
AND WE CAN SEE FROM OUR BACK PORCH THE, INTO THE BACK HOUSES WITH THE SIX FOOT FENCE.
WHEN YOU HAVE, UH, JUST SO YOU KNOW, OUR, THE CODE DOES ALLOW AN EIGHT, FOUR AND EIGHT FOOT FENCE IF YOU HAVE A, UH, DEVIATIONS AND FINISHED FLOORS, FOUR FEET OR MORE.
I WAS LIKE, OKAY, WELL WE'RE IN, WE'RE WITHIN THE GUIDELINES.
YEAH, YOU JUST HAVE TO PROVE IT.
SO AS, ANY OTHER QUESTIONS? NOPE.
[01:50:01]
LET ME FINISH MYHAND.DID I STAY HERE OR, OKAY,
REGARDING CASE NUMBER BO 8 22 1 0 3 0 0 0 3 5, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A TWO FOOT, UH, SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT REQUIREMENT TO ALLOW AN EIGHT FOOT SOLID SCREEN FENCE ALONG THE SIDE AND REAR PROPERTY LINE SITUATED AT 1 5 3 0 3 SPRING CROW.
APPLICANT BEING CHRISTINE SALCEDO.
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 CHARACTER.
THE ADDITIONAL FENCE HEIGHT AS PROPOSED WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE.
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 DEFENSE WILL STILL SERVE THE PUBLIC WELFARE AND CONVENIENCE.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE DEFENSE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY AND IS UNLIKELY TO SUBSTANTIALLY INJURE ANY NEIGHBORING PROPERTIES.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SAW.
THE ADDITIONAL HEIGHT FOR THE SIDE AND REAR YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT EITHER.
SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEARING ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME.
THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AND BECAUSE OF THE SWIMMING POOL.
THE EIGHT FOOT FENCE WOULD BE, UH, WELL ADJUSTED, UH, IN OF MOTION.
WHO HAS A SECOND? SECOND, SECOND BY COMMISSIONER BRAGMAN.
COMMISSIONER CRUZ, PLEASE LEAD THE DISCUSSION.
UH, YES, SINCE THIS IS, THIS IS A CORNER LOT AND BECAUSE OF ALL THE, UM, DIFFERENCES IN LOTS, I DON'T SEE A PROBLEM WITH THE PUT FENCE.
COMMISSIONER BRAGMAN? UH, I'M IN AGREEMENT WITH MY COLLEAGUE JUST BASED UPON THE, UH, CHANGE IN ELEVATION, UM, AND THE POOL, OBVIOUSLY.
UM, I'LL BE IN SUPPORT OF THE MOTION.
ANYONE ELSE? HEARING NONE? STAFF, PLEASE TAKE A ROLL CALL VOTE.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR THE FINDINGS OF FACT.
MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT.
IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
UM, ITEM NUMBER 10, BO 8 22 1 0 3 0 0 0 3 7.
LOCATED AT 2 6 1 4 WEST POPLAR STREET AND COUNCIL DISTRICT NUMBER ONE, APPLICANT BEING FERNANDO DE LEON.
UH, REQUEST FOR A 560 SQUARE FOOT, UH, VARIANCE OF THE MINIMUM 4,000 SQUARE FOOT REQUIREMENT TO ALLOW ALL LOT SIZE OF 3,440 SQUARE FEET.
AND TWO, A REQUEST FOR A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE REAR PROPERTY LINE.
UH, CURRENT ZONING IS R FOUR RESIDENTIAL SINGLE FAMILY.
UH, APPLICANT'S REQUESTED JUST, UH, THE LOT SIZE VARIANCE.
UM, THE LOT'S CURRENT CURRENTLY VACANT, UH, THE APPLICANT INTENDS TO BUILD A HOME AND NO GARAGE ON THE LOT.
UM, THE APPLICANT IS PROPOSING TO CONSTRUCT A DWELLING, UM, 10 FEET FROM THE REAR PROPERTY LINE.
THE LOT MEASURES 80 FEET IN LENGTH AND 43 WIDE.
UH, SITE PLAN, SUBJECT PROPERTY SURROUNDING AREAS, UH, THE RECOMMENDATION FOR MINIMUM LOT SIZE AND REAR SETBACK VARIANCE STAFF RECOMMENDS APPROVAL AND BO O A 2 2 1 0 3 0 0 0 3 7 BASED ON THE FOLLOWING FINDINGS.
[01:55:01]
THE DEPTH OF THE LOT IS 80 FEET AND THE PROPOSED REAR SETBACK IS 10 FEET.AND THE SIZE OF THE EXISTING LOT IS CURRENTLY 3,440 SQUARE FEET.
AND THE VARIANCE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
UH, THERE WERE 36 NOTICES MAILED.
ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM PROSPECT HILL NEIGHBORHOOD ASSOCIATION.
UH, THAT CONCLUDES, UM, UH, STAFF PRESENTATION AND THE APPLICANT IS PRESENT.
UM, IF THE APPLICANT PLEASE COME FORWARD TO STATE YOUR NAME AND ADDRESS FOR THE RECORD.
FERNANDO DE LEON AT 1650 WEST ATCH.
AND, UM, I'M HERE REPRESENTING THE OWNER OF, UM, THIS PROPERTY.
UM, THE ZONING, LIKE STAFF SAID, IT'S A 4,000 SQUARE FOOT LOT.
THE, UH, IT'S A FOUR 4,000 SQUARE FOOT ZONING, THE LOT SIZE, ABOUT 3,400 SQUARE FEET.
SO WE'RE PROPOSING A HOUSE ABOUT 1,980.
BUT WITHIN THAT FOOTPRINT, WE'RE, WE'RE PLANNING TO CONSTRUCT A CARPORT.
SO THAT MAKES THE LIVING SPACE, THE LIVING AREA, ABOUT 1500 SQUARE FEET OR LA OR 1600 SQUARE FEET.
THIS IS WHY WE'RE ASKING TO, UM, TO, UM, GET A VARIANCE FOR THE 10 FOOT SETBACK ON THE REAR SO WE COULD HAVE A LITTLE MORE SQUARE FOOTAGE FOR THE LIVING AREA.
WE WERE NOT PLANNING ANY GARAGE BECAUSE THEN THIS WILL MAKE EVERYTHING SMALLER AT THE, AT THE FRONT OF THE, UH, OF THE REAR, OF THE FRONT SETBACK.
SO THIS IS WHY, UH, WE HAVE NOT FINALIZED THE PLANS, BUT THIS IS SOMETHING THAT WE WERE PROPOSING AND WE GET THE SETBACK.
THEN WE WILL CONTINUE WITH A CERTIFICATE OF TERMINATION AND SUBMITTING THE PLANS TO THE CITY OF SAN ANTONIO FOR, FOR APPROVAL.
IF YOU HAVE ANY QUESTIONS THAT I COULD ANSWER, CRUZ.
HAS ANYONE SIGNED UP TO SPEAK OR ANY VOICEMAILS? NO.
UM, I'VE JUST GOT ONE QUESTION ON THE PICTURES THAT IS SHOWING THE NEW CONSTRUCTION.
IS THAT YOURS OR SOMEBODY ELSE'S? NO, THAT'S SOMEBODY ELSE ACROSS THE STREET.
AND THE PROPERTY IS JUST AS BIG OR ABOUT THE SAME SIZE YOU'VE GOT? YOU DON'T KNOW.
UH, COMMISSIONER KAPLAN, WHERE'S THE PARKING ON THIS? I, I'M NOT, YOU SAID THERE'S GONNA BE A CARPORT? YES, A CARPORT WITHIN THE, UH, FOOTPRINT WHERE THE DRIVEWAY'S AT.
WE WILL CONTINUE INTO THE F FOOTPRINT OF THE HOUSE INTO THE FOOTPRINT.
WILL YOU NEED A VARIANCE FOR THIS CARPORT? IS THE QUESTION.
I MEAN, HOW FAR IS THIS CARPORT GOING TOWARDS THE STREET? WE'RE NOT GONNA, WE'RE NOT GONNA PUT, UH, UH, PROPOSE ANY CARPORT OUTSIDE OF THE FOOTPRINT THAT YOU SEE THERE.
IT'S GONNA, IT'S GONNA BE INSET INTO WHAT HE'S SHOWING.
IS THAT RIGHT? SO THE ROOF LINE WILL HAVE THE CARPORT INSIDE? YES.
ANY OTHER QUE COMMISSIONER MANCHACA? UH, JUST HAVE A QUICK QUESTION.
UH, WHAT WAS THE SQUARE FOOT EACH OF THE HOUSE? THE MAXIMUM, THE WORST CASE SCENARIO, WE'RE LOOKING AT A 19 80, 19 80 19 80 SQUARE FOOT, ALMOST 2000 SQUARE FEET.
BUT THAT'S WITH INCLUDING THE CARPORT THAT WE'RE PROPOSING.
SO LIVING AREA WILL BE A LOT SMALLER THAN THAT WILL BE ABOUT 1600 SQUARE FEET.
UH, COMMISSIONER ALBERT? YES, SIR.
DO YOU ANTICIPATE THAT YOUR FRONT SETBACK WILL BE SIMILAR TO THE HOMES ALREADY ON THE BLOCK? YES.
UH, ANYONE ELSE? I HAVE A QUESTION.
UM, I WAS LOOKING AT B C AD AND YOUR PARCEL AND THE PARCEL BELOW APPARENTLY WAS SOMEHOW OWNED BY BEXAR COUNTY AND THEN SOLD OFF AS TWO DIFFERENT PIECES.
DO YOU KNOW ANY OF THE HISTORY, THE HISTORY OF THIS? NO, THEY PROBABLY GOT IT THROUGH THE, THROUGH, UH, YEAH, I WAS JUST CURIOUS IF, IF THIS WAS SHOWN AS TWO LOTS PRIOR TO 2005 OR AS THIS BECAME AFTER THE COUNTY OWNED IT, THAT THEY'RE THE ONES THAT SPLIT IT UP? 'CAUSE THEY, THE, THE LATEST DEEDS ARE, YOU KNOW, THEY GO BACK A COUPLE, A COUPLE TRANSFERS, UH, BUT IT IT NOTHING BEFORE 2015.
CURIOUS IF, UM, WHAT AGAIN? WELL, THE, THE, THE OLDEST OWNER THAT BCA SHOWS FROM 2015 IS BEAR COUNTY AND, AND THEY OWN THAT THIS, THIS PARCEL IN QUESTION AND THE ONE TO THE, UM, SOUTH AND IT LOOKS LIKE BEXAR COUNTY MAY HAVE OWNED THE ENTIRE TRACT AND THEN THEY'RE THE ONES THAT SPLIT IT INTO TWO.
THAT'S WHAT SEEMS TO MAKE SENSE WHEN YOU LOOK UP BOTH OF THEM.
SO I WAS JUST CURIOUS THE QUESTION,
UM, THAT IS UNDETERMINED, BUT THEY, IN ORDER TO BUILD, THEY STILL NEED THE LOT SIZE VARIS.
[02:00:01]
I WAS JUST WONDERING IF BEAR COUNTY'S THE ONE THAT IS VIOLATING THE ZONING CODE OR WHAT.YEAH, THAT'S, YEAH, WE, THE, MY CLIENT PURCHASED THIS FROM BEXAR COUNTY LIKE THAT, RIGHT? YES.
AND WE DIDN'T BEAR COUNTY ONLY GOES UP TO A CERTAIN YEAR.
WE COULDN'T PULL ANY INFORMATION PAST THAT.
AND SO IT LOOKS LIKE THE COUNTY OF BEARER WHO WAS THE, OR IS THE ONE WHO IS A CULPRIT WHO TURNED THIS INTO A PROBLEM?
NOT, NOT BEAR, NOT BEARER APPRAISAL, BUT BEARER COUNTY WAS A LISTED OWNER, THAT'S ALL.
ALRIGHT, WELL THANK YOU VERY MUCH.
UM, IF THERE'S NOTHING ELSE, ONE QUESTION, UH, COMMISSIONER MITCHELL IN, IN REFERENCE TO WHAT YOU JUST BROUGHT UP.
SO COULD HE BE FACING THE RISK OF A SURVEY OR IS THAT ALREADY TAKEN? OH NO, NO, NO.
THE B C A SHOWS THAT THIS, IT WOULD EXTEND, IT WAS DOUBLE IN SIZE AND PRIOR AND AROUND 2015, BEARER COUNTY, THE COUNTY OWNED THE WHOLE THING AND THEN THEY SOLD ONE HALF TO HIS CLIENT AND THE, AND THE SOUTHERN HALF TO A DIFFERENT PERSON THUS CREATING, UH, UM, A A A LOT THAT IS SMALLER THAN 4,000 FEET.
AND SO IT LOOKS LIKE, YOU KNOW, LIKE IT'S HARD TO GET UPSET AT THE COUNTY, BUT JUST WONDERING WHO, WHAT WAS THE ROOT CAUSE? THAT'S ALL BUT EXCUSE.
UH, I'M LOOKING FOR A MOTION BRAGMAN.
COMMISSIONER BRAGMAN, I HAVE SOMETHING TO SAY.
UH, UH, DID YOU SIGN UP TO SPEAK JOY MILLS? AND I'D LIKE TO.
DID YOU SIGN UP TO SPEAK? I DIDN'T SIGN.
ARE YOU HERE ON ANOTHER CASE? NO, I'M HERE ON THAT CASE RIGHT NOW.
WELL, UH, I'M GONNA GO AHEAD AND ALLOW IT.
CAN YOU PLEASE GIVE YOUR INFORMATION TO STAFF? YEAH.
YOU CAN JUST SAY IT AT THE, IF YOU COULD JUST STATE YOUR NAME AND ADDRESS AND THEN WE'D LOVE TO HEAR FROM YOU.
MY NAME IS JOYCE MILLS AND MY ADDRESS IS 8,003 LAKE FOREST SINCE SAN ANTONIO, TEXAS.
UH, THIS PROPERTY BELONGED TO MY FAMILY.
THE OTHER HALF OF IT, IT WAS ONE, IT WAS TWO DIFFERENT LOTS MM-HMM.
MY GRANDFATHER AND HIS BROTHER OWNED THE PROPERTY.
AND WHAT HAPPENED? MY FAMILY WENT TO CORPUS CHRISTI AND THEY LEFT AND THERE WAS TWO VACANT PROPERTIES WHEN THEY LEFT.
THE FAMILY THAT STAYED BEHIND TOOK POSSESSION OF THE LARGER PROPERTY, WHICH BELONGED TO MY GRANDFATHER, AND WHICH THEY FOUGHT FOR YEARS OVER IT.
AND SO THEY FINALLY, AND I GUESS WHEN YOU SAY ABOUT THE BEAR COUNTY, IT'S THEIR PROBLEM.
I GUESS MY DADDY PROBABLY WENT BACK AND FORTH, BACK AND FORTH TO TRY TO STRAIGHTEN IT OUT.
WHAT THEY AGREED ON, I DON'T KNOW.
THIS IS WHAT WE ARE LEFT WITH HAVING TO DEAL WITH.
SO IT REALLY IS FAMILY PROPERTY AND HIS FIRST COUSIN FAMILY IS THE ONE THAT TOOK THE LARGEST SIDE PROPERTY BECAUSE THEY WERE HERE AND WE WERE, THEY WERE IN, THE OTHER PART WAS IN SAN ANTONIO.
MY GRANDFATHER THAT OWNED THE LARGEST PART WAS IN, IN CORPUS AND HE LEFT THE OTHER FAMILY HERE IN SAN ANTONIO.
SO NATURALLY THEY NEEDED A HOME, SO HE TOOK THE LARGER PART OF THE LOT AND HE BUILT ON IT.
SO THEY WENT BACK AND FORTH, BACK AND FORTH.
BUT WHAT WE ARE, WHAT WE ARE LEFT WITH IS WHAT BEARER COUNTY DECIDED ON.
I JUST, I JUST FOUND IT CURIOUS.
AND I'VE NEVER BEEN TO THIS AND I JUST WANTED TO HEAR WHAT WAS GOING ON BECAUSE I WOULD GET LETTERS AND I KNOW WHAT TO DO WITH IT.
YOU KNOW, WE HOPE TO SELL THE PROPERTY BECAUSE WE ARE NOT PLANNING, AS FAR AS I KNOW, NOBODY WANTS TO, YOU KNOW, BUY THE PROPERTY IN THE FAMILY TO GO THERE AND LIVE.
SO WE JUST EVENTUALLY WILL SELL IT TO WHOEVER, YOU KNOW, MEET CLOSE TO THIS, WHATEVER WE COULD.
WE'RE GONNA, WE HAVE A QUE SOMEONE, UH, ONE OF THE COMMISSIONERS WOULD LIKE TO ASK YOU A QUESTION.
UH, WE'RE GONNA START WITH COMMISSIONER ZUNIGA.
MA'AM, I, ARE YOU STATING THAT THAT PROPERTY, ALL OF IT WAS SOLD? ONLY PART OF IT.
ONLY PART OF THAT PROPERTY WAS SOLD.
BUT NOT, NOT IT, IT HAD ALREADY BEEN SETTLED YEARS AGO.
WE, WE SETTLED IT, OPENED IT, BUT OKAY.
OUR OTHER PROPERTY PART OF IT, THE SAME PIECE IS STILL, WE ARE STILL OWNING IT.
AND MATT, I HAVE ONE MORE QUESTION FOR YOU, COMMISSIONER MAYOR.
SO, SO YOU'RE OKAY WITH THIS PROPERTY BEING, UH, DEVELOPED THE WAY THAT THEY'RE TALKING ABOUT IT THEN, OR? I DON'T KNOW, SIR.
UH, WE HAD ANOTHER PIECE OF PROPERTY IN SAN ANTONIO ON HAYES STREET, AND WE DIDN'T UNDERSTAND.
WE SENT AN ATTORNEY AND HE WAS, HE SIT THERE ALL DAY, YOU KNOW, STILL DIDN'T, YOU KNOW, IT WAS
[02:05:01]
COSTLY TO ME.SO I DECIDED THAT IT'S TIME FOR ME TO COME AND TO HEAR WHAT WAS GOING ON, TO TRY TO FIND OUT.
OKAY, BUT YOU'RE NOT, YOU'RE NOT CLAIMING ANY OWNERSHIP TO THE LAND OFF OF POPLAR? I'M NOT.
WHAT? YOU'RE NOT TRYING TO CLAIM OWNERSHIP TO THE LAND IN QUESTION OR ANYTHING, RIGHT? YEAH, WELL, I'M NOT, NO, NOT ON THEIR SIDE.
THEY HAVE THE LIBERTY TO DO WHAT THEY WISH.
AND THIS IS WHY I JUST COME TO SEE WHAT WAS GOING ON.
THANK YOU FOR LISTENING MR. CHAIR.
CHAIR OF THE APPLICANT, COMMISSIONER ZUNIGA, WHO WOULD YOU LIKE TO ASK A QUESTION OF? THE APPLICANT? OKAY.
THE PROPERTY THAT WE WAS TALKING ABOUT THAT YOU'RE GOING TO BUILD ON, IT'S ALREADY BEEN, UH, YOU KNOW, CLEARED.
DID WE HAVE THE DEEDED? YES, SIR.
AND THAT WAS SUBMITTED TO DEVELOPMENT SERVICES.
SO IT, IT'S NOT THE WHOLE LAND, THE WHOLE TWO LOTS? NO.
THAT THE LADY'S SPEAKING ABOUT? NO, WE, IT'S, WE'RE ONLY TALKING ABOUT THE FRONT, THE ONE FACING POPLAR.
WE DON'T OWN THE, THE, THE BACK OF THAT PROPERTY.
NOW WE'RE, THAT'S JUST NOT IN QUESTION.
WE'RE, WE'RE NOT, WE'RE NOT, WE'RE NOT GOING THERE.
IT'S UP TO YOU IF YOU ALL WANNA TALK ABOUT IT.
UH, IS THERE A MOTION COMMISSIONER BREGMAN, REGARDING CASE NUMBER BO A DASH 22 DASH 0 3 0 0 0 3 7? I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A 560 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT REQUIREMENT TO ALLOW A LOT SIZE OF 3,440 SQUARE FEET.
AND TWO, A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE REAR PROPERTY LINE SITUATED AT 2 6 1 4 WEST POPLAR STREET, APPLICANT BEING FERNANDO DELEON.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN 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 500 SQUARE FOOT, LOT SIZE VARIANCE, AND A 10 FOOT REAR SETBACK VARIANCE, WHICH DO NOT APPEAR TO BE CONTRARY TO THE INTEREST DUE TO THE LIMITED PUBLIC INTEREST DUE TO THE LIMITED SPACE EXISTING ON THE PROPERTY.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN APPLICANT HAVING TO POSTPONE ANY DEVELOPMENT ON THE LOT.
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 REQUESTED LOTS SIZE AND REAR SETBACK, VARIS DO APPEAR TO MAINTAIN THE SPIRIT OF THE ORDINANCE BY ALLOWING THE DEVELOPMENT OF A SINGLE FAMILY DWELLING ON THE LOT.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE VARIANCES DO NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, NOR DO THEY SUBSTANTIALLY INJURE ADJACENT PROPERTY.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES STOP IS DUE TO UNIQUE CIRCUM CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS SUPPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS A SMALL AMOUNT OF AVAILABLE SPACE ON THE LOT.
SECOND BY COMMISSIONER KAPLAN.
I'LL BE IN SUPPORT OF THIS MOTION.
UM, WE'VE TALKED, UH, OVER THE COURSE OF SEVERAL YEARS NOW, THERE'S, UM, A LACK OF AFFORDABLE HOUSING, A LACK OF, UH, AVAILABLE HOUSING IN THE SAN ANTONIO AREA.
AND IF WE CAN, UH, APPROVE A VARIANCE THAT WILL ALLOW, UH, A PROPERTY TO BE BUILT ON A SMALLER LOT, UM, THEN I THINK WE SHOULD DO IT.
SO I'LL BE IN SUPPORT OF THE MOTION.
THANK YOU, COMMISSIONER CAPER.
AND, AND I'LL BE IN SUPPORT OF THE MOTION ALSO BECAUSE I THINK THAT IT'S NICER TO HAVE A NEW HOUSE ON THE BLOCK, UH, IN PEOPLE THAN A VACANT LOT.
IS THERE ANYONE ELSE LIKE TO ADD HEARING NONE.
STAFF, PLEASE TAKE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
[02:10:01]
MR. ZUNIGA? I CONCUR.I CONCUR WITH THE FINDINGS OF FACT.
MR. THI YES, I CONCUR WITH THE FINDINGS OF FACT.
CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT.
UH, IF I MAY, UM, ASK, IS THE APPLICANT HERE FOR 6 1 5 WEST BAYLOR? OKAY, THEN WE'LL BE SKIPPING THAT ONE FOR NOW, AND WE'LL BE MOVING.
WELL, LET ME ASK THIS BEFORE WE SKIP.
IS, UH, DO THEY HAVE ANY CONVERSATION WITH YOU ABOUT ASKING FOR A CONTINUANCE OR ANY DISCUSSION ON THIS CASE AT ALL? NO, IT DOESN'T LOOK LIKE IT.
IF WE, UH, IF, IF WE PURSUE A CONTINUANCE, WHEN WOULD BE THE NEXT AVAILABLE MEETING? MAY 2ND.
SO WE'LL, WE'LL TABLE THIS FOR NOW.
UH, BUT, BUT WHEN THE TIME COMES UP, MAY 2ND IS A MAGIC DATE.
SO ITEM NUMBER 12, GOOD AFTERNOON.
ITEM NUMBER 12 IS FOR CASE BO A DASH 22 DASH 0 3 0 0 3 9.
WITHIN COUNCIL DISTRICT TWO, THE APPLICANT BEING GABRIEL GONZALEZ IS A REQUEST FOR A 14 FOOT NINE INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW AN ADDITION TO BE FIVE FEET THREE INCHES FROM THE REAR PROPERTY LINE.
THE PROPERTY IS OWNED R FIVE H RESIDENTIAL SINGLE FAMILY DISTRICT IN THE HISTORIC LAVACCA NEIGHBORHOOD.
THE SUBJECT PROPERTY CURRENTLY HAS A SINGLE FAMILY RESIDENCE ON THE LOT, AND THE APPLICANT IS REQUESTING TO CONSTRUCT A TWO-STORY ROOM ADDITION ATTACHED TO THE REAR OF THE EXISTING RESIDENCE.
THE PROPOSED ADDITION HAS BEEN HEARD BY THE HISTORIC DESIGN REVIEW COMMISSION AND RECEIVED APPROVAL.
THE CONSTRUCTION HAS NOT COMMENCED FOR THE PROPOSED STRUCTURE, AND THE APPLICANT HAS INDICATED THAT THE STRUCTURE WILL BE FIVE FEET THREE INCHES FROM THE REAR PROPERTY LINE.
SINCE THE ADDITION IS ATTACHED TO THE PRIMARY DWELLING, IT IS REQUIRED TO MAINTAIN 20 FEET FROM THE REAR PROPERTY LINE.
THE APPLICANT HAS SUBMITTED BUILDING PLANS FOR THE STRUCTURE, WHICH HAVE BEEN REVIEWED, PROMPTING A VARIANCE APPLICATION SUBMITTAL.
HERE'S THE SITE PLAN THAT WAS SUBMITTED BY THE APPLICANT DEPICTING THE PROPOSED STRUCTURE.
HERE'S THE EXISTING RESIDENCE ON THE LOT.
THIS IS THE SIDE VIEW OF THE RESIDENCE AND THEN THE, UH, LOCATION OF THEIR, WHERE THE PROPOSED ADDITION WILL BE LOCATED, AND ANOTHER VIEW OF THE REAR YARD.
AND THEN THE SURROUNDING AREA REGARDING THE REAR SETBACK VARIANCE.
REQUEST FOR CASE BOA DASH 22 DASH 0 3 3 9.
STAFF RECOMMENDS DENIAL WITH AN ALTERNATE RECOMMENDATION OF 10 FOOT VARIANCE TO ALLOW AN ATTACHED ADDITION TO BE 10 FEET FROM THE REAR PROPERTY LINE BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE STRUCTURE HAS NOT BEEN CONSTRUCTED.
TWO, THE STRUCTURE CONFORMS TO THE SIDE SETBACK REQUIREMENT THREE.
THE STRUCTURE BEING PROPOSED AT FIVE FEET, THREE INCHES FROM THE REAR PROPERTY LINE APPEARS TO ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.
AND FOUR, ADJUSTING THE SETBACK OF THE ADDITION TO BE 10 FEET FROM THE REAR PROPERTY LINE WILL ALLOW FOR AN ADDITION WHILE PROVIDING ADEQUATE SPACE FROM THE ADJACENT PROPERTIES AND STRUCTURES.
ONE WAS RECEIVED IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE LAVACCA NEIGHBORHOOD ASSOCIATION.
THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
BEFORE YOU GO THIS, IS THIS IN BUILDING'S ON THE LOT LINE? IS THIS A, A, UH, ZERO LOT LINE NEIGHBORHOOD OR IS THIS ONE THAT JUST IS ONE BECAUSE OF WHEN IT WAS BUILT? UM, MY UNDERSTANDING IS THAT THE FENCE IS ACTUALLY NOT, UM, IT MAY NOT BE LOCATED RIGHT ON THE PROPERTY LINE.
IT KIND OF LOOKS LIKE THAT'S WHY WE INCLUDED ONE OF THE SLIDES THAT SHOWS LIKE THE SIDE VIEW, BECAUSE THERE'S A, I WAS JUST LOOKING AT THE SIDE PLAN.
IT SHOWS A BUILDING ON THE PROPERTY LINE.
THAT'S WHY I WAS WONDERING IF THIS WAS A NO, I GO BACK TO THE SLIDE PLEASE.
NO, I MEAN, NOT, NOT LIKE THE WAY WE YEAH, YEAH, YEAH.
IT, IT'S NOT GOING THAT WAY, BUT THAT IT WAS BUILT THAT WAY.
IT'S NOT A MODERN ZERO LOT LINE.
SO DIVISION WHERE IT'S, YOU KNOW, THERE'S CERTAIN THINGS IN PLACE ON THE PLAT.
THIS IS JUST ONE THAT WAS JUST OVER TIME DEVELOPED THAT WAY.
YEAH, IT, I DON'T THINK IT'S PLOTTED AS A ZERO LOT LINE.
IS THE APPLICANT HERE? COME ON UP.
AND WHILE YOU'RE COMING UP, I, WE HAVE ONE MORE QUESTION FOR STAFF ON THE SCOPING OF THIS.
[02:15:01]
I JUST WANT TO GO ON THE RECORD.SO H D R C AND O H P ISSUED A CERTIFICATE OF APPROPRIATENESS BASICALLY STATING THAT IT DOESN'T AFFECT THE ESSENTIAL CHARACTER OF THE DISTRICT, HOWEVER YOUR STAFF FEELS THAT IT DOES.
SO WHEN IT COMES TO VARIANCES WITHIN HISTORIC DISTRICTS, UH, O H P LOOKS, OR I SHOULD SAY H D R C LOOKS AT WHETHER OR NOT THE DESIGN IS APP APPRO IS APPROPRIATE WITH THE CHARACTER OF THE NEIGHBORHOOD AND, UH, AND CONSISTENT WITH THE, UH, GUIDELINES.
UH, FOR US, WE STILL HAVE TO DO THAT ASSESSMENT OF WHETHER OR NOT THE, THE ENCROACHMENTS INTO THE SETBACK ARE, UM, WITHIN THE APPROPRIATE CHARACTER OF THE NEIGHBORHOOD AS WELL.
THERE ARE TWO INDEPENDENT, UM, REVIEWS.
UH, H D R C IS AWARE THAT ALTHOUGH THEIR APPROVALS, UM, STILL HAVE TO BE HEARD BY BOARD OF ADJUSTMENT WHEN THERE ARE ENC ENCROACHMENTS OR WHEN IT DOESN'T COMPLY STRAIGHT WITH CODE.
UM, SO, BUT YOU CAN TAKE THAT INTO CONSIDERATION, ESPECIALLY HD C'S APPROVAL OF THAT, OF THAT DESIGN INTO YOUR DELIBERATION.
IF YOU COULD PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
MARIA, UH, MY HUSBAND AND I GABRIEL LIVE AT SIX 12 LAY.
UM, WE ARE HERE TO ASK FOR YOUR CONSIDERATION ON THIS VARIANCE.
I'M A TRANSPLANT FROM A CORPUS.
WE TOGETHER LIVE WITH OUR FOUR CHILDREN AT THIS ADDRESS.
UM, LAST YEAR IN MARCH, WE DECIDED TO LEAVE OUR HOME, UM, CLOSE TO HE LOTUS 2,500, UH, FOOT TWO STORY SQUARE FOOT HOME, VERY COMFORTABLE LIVING TO ACCOMMODATE HIS, UM, MOBILITY ISSUES.
HE'S A DISABLED VETERAN, AND WE DECIDED THAT WE WANTED TO MOVE INTO A SINGLE STORY HOME.
SO AFTER WE SOLD OUR HOME IN MARCH, WE, UH, HAD A REALLY HARD TIME FINDING A HOME, AND WE WERE DISPLACED FOR A COUPLE OF MONTHS.
SO WE QUICKLY EXPANDED OUR SEARCH.
UM, AND, UH, AND AT THE RECOMMENDATION OF HIS COLLEAGUE WHO LIVES IN LA VACA, UH, STARTED LOOKING IN THIS NEIGHBORHOOD AND WE FOUND AND FELL IN LOVE WITH THIS HOME, REALIZING FULLY THAT IT IS ONLY 1,732 SQUARE FEET FOR SIX OF US.
UH, WE KNEW THAT, UM, IT WOULD REQUIRE SOME KIND OF ADDITION TO A COMFORTABLY ACCOMMODATE ALL OF US.
UM, AND SO WE WENT FORWARD WITH SUBMITTING OUR PLANS TO THE, UM, H D R C.
UH, THEY DIDN'T GIVE US THE GREEN LIGHT RIGHT AHEAD RIGHT AWAY, SO WE WENT BACK FOR A SECOND, UH, DRAWING FOR OUR ARCHITECT TO ACCOMMODATE THEIR REQUESTS, AND THEN IT WAS APPROVED IN AUGUST.
SO, UM, WE'RE ASKING FOR YOUR CONSIDERATION FOR THIS VARIANCE.
THE, THE LOT SIZE IS A UNIQUE, UH, SIZE AND SHAPE AS YOU'LL SEE THERE IN THE PLANT.
UM, THE HOUSES TO OUR RIGHT AND LEFT ALL AROUND NEW AND EXISTING, UH, ALL GO TO THE FENCE LINE.
IT DOESN'T NECESSARILY SHOW IN THIS VIEW, BUT I DID BRING LIKE A GOOGLE EARTH AND I SAW THAT Y'ALL HAVE THAT UP ALSO, SO YOU CAN SEE THAT THEY TOUCH THE FENCE LINE.
UM, AND JUST, UH, YOU KNOW, WITH YOUR CONSIDERATION, THIS WILL ALLOW US TO HAVE THE ADEQUATE LIVING SPACE SO THAT WE'RE NOT ALL LIVING ON TOP OF EACH OTHER.
AND, UM, YOU KNOW, CURRENTLY AS IT STANDS RIGHT NOW, WE ARE SIX IN A THREE BEDROOM HOME.
SO OUR TWO YOUNGEST CHILDREN ARE ACTUALLY CAMPED WITH US IN OUR MASTER BEDROOM
AND THEN, UH, OF COURSE, IT DOESN'T ALLOW FOR A LOT OF FREE MOVING SPACE, UH, FOR HIM, JUST AS WE ARE LITERALLY ON TOP OF EACH OTHER ALL THE TIME.
WE ALSO LIVE AND WORK FROM HOME.
UM, SO IT JUST, IT'S, IT'S A CROWDED SITUATION AS IT STANDS CURRENTLY.
WELL, UH, BEFORE YOU GO, HAS ANYONE SIGNED UP TO SPEAK ANY VOICEMAILS? NO.
WE'RE GONNA OPEN THIS UP TO QUESTIONS' LIKE, TO GO FIRST.
SO I'M LOOKING, I, IT'S REALLY HARD TO READ WHAT YOUR PLANS ARE.
AM I SEEING A POOL IN THERE? SO INITIALLY WHEN WE WENT TO THE, THE, THE, UM, HT R C, THEY WANTED TO SEE FULL, FULL SCOPE HOW IT COULD BE.
WE DO NOT HAVE PLANS FOR A POOL RIGHT NOW.
SO HOW MANY SQUARE FEET ARE YOU PLANNING TO ADD OF LIVING AREA? WHAT, WHAT DO YOU PLAN TO ADD? 710 SQUARE FEET OF LIVING AREA.
WE WOULD LIKE TO ADD AN ADDITIONAL RESTROOM ON THE FIRST FLOOR FLOOR TO THE BACK, AND THEN TWO BEDROOMS, UM, UPSTAIRS.
SO IF YOU TOOK AWAY FIVE FEET FROM THE BACK, WHAT, HOW MANY, I'M NOT SURE WHAT THE DIMENSIONS ARE ON THIS, BUT WHAT ARE TWO, YOU'RE TAKING 200 SQUARE FEET LESS.
HOW WILL THAT AFFECT YOU IF YOU HAVE 200 SQUARE FEET? LESS SO AN SET OF PLANS TO THE H D R C, THEY WANTED IT TO LOOK LIKE A DETACHED ATTACHED CASITA.
'CAUSE FIRST WE HAD IT FLUSH UP AGAINST THE HOUSE, AND THEY DID NOT APPROVE THAT DESIGN.
SO IT WAS WITH THE DETACHED ATTACHED LOOK THAT THEY APPROVED.
[02:20:01]
WITH THIS SECOND SET OF PLANS THAT WE ACTUALLY ARE PRESENTING TO YOU TODAY.BUT, SO IT LOOKS LIKE THERE'S MORE OF A, A SPACE OR A GAP BETWEEN THE EXISTING STRUCTURE WITH A SMALL HALLWAY OR ALCO AND THEN OH, NO, THAT'S, BUT MY QUESTION IS, UM, THE DE DEVELOPMENT DEPARTMENT SAID THAT, UH, THEY WOULD, THEY WOULD APPROVE, THEY WOULD, THEY WOULD, UH, FIND, YOU KNOW, APPROVE THIS OR, OR PROPOSE IT SUPPORT SUPPORT.
SO MY QUESTION IS, IF YOU LOST FIVE FEET FROM THE LENGTH OF THAT, HOW WOULD THAT AFFECT YOUR LIVING ACCOMMODATIONS? IT WOULDN'T NECESSARILY, BUT WE WOULD HAVE TO PRESENT IT.
IT WOULD SMALLER, THE ROOMS WOULD BE SMALLER, AND WE'D HAVE TO REDESIGN OUR PLANS.
UH, MR. CHAIRMAN, BACK TO THE, OUR POINT OF ORDER BACK TO H D R C.
IT WOULDN'T NECESSARILY 'CAUSE, UH, TO YOUR POINT, THAT'S THE WAY WE DREW FOR IT ORIGINALLY.
UM, BUT IT WAS NOT APPROVED BY H D R C IN THAT, IN THAT DESIGN.
SO IF YOU, IF YOU MADE IT FIVE FEET SHORTER, WOULD YOU HAVE TO GO BACK TO THE HISTORIC REVIEW AGAIN? I BELIEVE SO, YES.
IT WAS A POINT OF ORDER BECAUSE WE WERE TRYING TO NEGOTIATE HERE WITH WHAT'S IN FRONT OF US.
AND WE, WE CAN'T DO THAT HERE.
WELL, I, WHAT I DID WAS, I, I, I, UH, I OVERRULED THE POINT OF ORDER.
I DIDN'T HEAR A, UM, ANY DISCUSSION.
UH, WELL, YOU SHOULD HAVE ASK.
I WELL, THAT'S ALL RIGHT, DONALD.
YOU KNOW, BUT I MEAN, LIKE I SAY, WE, WE CAME THROUGH THE NEGOTIATING HERE.
WELL, I'M GONNA, I'M GONNA, I'M GONNA ASK SOME QUESTION.
UM, SO WE HEARD DISCUSSION THAT THE CITY WOULD BE IN A WOULD BE IN SUPPORT IF YOU WERE TO HAVE A 10 FOOT SETBACK.
UH, I'M LOOKING AT THE ANGLE HERE.
IT, IT LOOKS LIKE IT WOULD, IT WOULD, UH, GREATLY REDUCE THE HOME.
NOW YOU HAD MENTIONED THAT YOU'RE ADDING 700, CORRECT? BECAUSE YES.
ON TWO ON TWO STORIES, IT'S A TWO STORY.
SO THE 500 9595 SQUARE FOOT FOOTPRINT THAT SHOWS IN YOUR SIDE PLAN, IS THAT INCLUDING THE BREEZEWAY? THE BREEZEWAY? OH, IT'S THE PATIO.
THERE'S A PATIO ON I'M CONTRACTOR.
THIS IS OUR CONTRACTOR TECHNICAL.
LET'S, LET'S, LET'S PLEASE STATE YOUR NAME FOR THE RECORD AND, AND ADDRESS.
CAN YOU STATE YOUR ADDRESS PLEASE? UH, AN ADDRESS.
ADDRESS? 6 1 2, UH, LAY STREET.
SO WHAT WE'RE LOOKING AT IS THAT IT LOOKS LIKE A, APPROXIMATELY A FIVE FOOT BREEZEWAY THAT SEPARATES THE HOME AND THEN WHAT THE NEW STRUCTURE IS.
IS IT, IS IT A FULL TWO STORIES OR IS IT A, A STORY WITH ABORTION? IT'S, IT'S CONNECTED.
THE WAY THEY HAD WANTED US TO, THE H D R C WANTED US, THEY WANTED IT TO LOOK LIKE A DETACHED, BUT IT'S, IN ACTUALITY IT IS ATTACHED.
THAT'S WHAT I WAS CONFUSED ABOUT.
SO THAT, THAT, THAT'S A LITTLE ROOF LINE THAT YOU SEE, THAT SEPARATE HATCHED AREA THAT YOU'RE SHOWING BETWEEN THE PROPOSED ADDITION AND THE EXISTING BUILDING IS AIR CONDITIONED SPACE.
AND IT DOES EXTEND UP TWO FEET.
AND DO YOU HAVE ANY, UM, UM, SO YOU'RE SHOWING A 595 SQUARE FOOT FOOTPRINT, BUT AT SEVEN, WELL, YOU HAD MENTIONED 700 AND SOME ODD FOR, FOR THE ACTUAL ADDITION.
SO HOW WAS THAT OF LIVING SPACE? RIGHT.
SO IS THERE A A, A BALCONY OR A PORCH OR SOMETHING THAT TAKES AWAY UNDERNEATH? IT'S THE PATIO.
SO YOU'RE HAVING A COVERED PATIO THAT WOULD POTENTIALLY SERVE A POOL IF YOU WERE TO BUILD ONE? IF THEY HAD WANTED TO GO THERE.
SO THAT, SO IF STEPH, CAN YOU BRING UP THE SITE PLAN? IS THIS, IS THIS HELP MORE HELPFUL NOW I'M
DO THEY HAVE THE SAME SITE? OH, THIS IS THE LASER CONDITION.
SO CAN YOU PLEASE KIND OF, UH, MARK, KIND OF MARK AROUND WHERE THIS, THE, THE PATIO PART, THE UNCONDITIONED PAR, THIS, SO THIS IS, UH, THIS IS AN ENCLOSED, UM, THIS IS, YEAH, LIKE IT'S ENCLOSED LIKE AWAY KIND OF.
UM, UH, UNDERNEATH THIS ENTIRE AREA, THIS IS GONNA BE A, A PATIO UNDERNEATH.
AND THEN ON THE FIRST STORY BELOW WILL BE AN ADDITIONAL FULL BATHROOM.
AND THE STAIRCASE IS RIGHT THROUGH YOUR RIGHT.
GOING ALL THE WAY UP RIGHT HERE.
AND WHERE, WHERE ARE THE AC UNITS GOING? UH, WE HAVE ONE RIGHT HERE FOR THE EXISTING HOUSE.
AND ONE'S GONNA BE RIGHT HERE, RIGHT? YEAH.
SO THEY, YOU'RE NOT GONNA HAVE IT IS SHOWING THE BRICKS.
I THOUGHT YOU WAS GONNA BE A PATH.
I'M, I'M LOOKING FOR WAYS TO, TO GET TO THE ADDITION.
IF YOU NEED TO DO MAINTENANCE OR SOMETHING, I'M LOOKING FOR SOME ROUTE THAT PEOPLE WOULD TAKE.
YOU CAN, YOU'D BE ABLE TO WALK AROUND IT.
[02:25:01]
THAT'S WHAT I WANTED TO MAKE SURE.WELL, I HAVE NO ADDITIONAL QUESTIONS.
UH, DOES ANYONE OTHER COMMISSIONERS HAVE A QUESTION? SO CHAIR, JUST, I WANTED TO JUST REEMPHASIZE KINDA THE HARDSHIP.
IF WE WERE TO HAVE TO MEET THE 10 FOOT SETBACK REQUIREMENT OUT FROM THE CONTRACTOR, HOW WOULD IT AFFECT THE LIVING AREA SPACE AND, AND THE PATIO AND WHAT THEY'RE TRYING TO ACCOMPLISH? WE'RE ALREADY UTILIZING AS MUCH SPACE AS WE CAN.
THE WAY THE LOT
AND THAT WOULD REALLY, IF WE WERE TO GO TAKE THE, AN EXTRA ADDITIONAL FIVE, IT WOULD MAKE THE BEDROOMS EVEN SMALLER THAN WHAT THEY ARE.
AND FOR STAFF, THE FIVE FOOT IS THAT ADEQUATE FIRE SPACING FOR, UH, PER CODE? YEAH.
UM, STRUCTURES WITHIN THAT FIVE FEET WOULD REQUIRE THE FIRE RATING AND ALL THAT FIVE FOOT FLOOR.
FIVE FOOT THREE WOULD, UH, WOULD COMPLY.
IS THERE ANYTHING YOU'D LIKE TO ADD BEFORE WE DELIBERATE? NO.
IS THERE A COMMISSIONER? I'D LIKE TO MAKE A MOTION ON THIS DEAL.
COMMISSIONER ZUNA, REGARDING CASE NUMBER BO A DASH 22 DASH 0 3 0 0 3 9.
I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A 14 FOOT NINE INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW ADDITION TO BE FIVE FEET THREE INCHES FROM THE REAR PROPERTY LINE SITUATED AT SIX 12 LAY STREET.
APPLICANT BEING GABRIEL GONZALEZ.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED 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 UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC.
THE REQUEST TO ALLOW AN ATTACHED ROOM ADDITION TO BE FIVE FEET, THREE INCHES AWAY FROM THE REAR PROPERTY LINE IS NOT CONTRARY TO THE PUBLIC INTEREST.
AS THE APPLICANT HAS ADEQUATE SPACE FROM ANY SURROUNDING ADJACENT STRUCTURES.
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 ENFORCED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
BY IMPO IMPOSING A LITERAL ENFORCEMENT, THE OWNER WOULD HAVE TO REDESIGN THE ADDITION PLANS, WHICH WOULD MAKE THE STRUCTURE SIGNIFICANTLY SMALLER AND IMPRACTICAL TO, TO USE FOR HIS FAMILY.
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 REAR SETBACK IS TO ENSURE THAT THERE IS ADEQUATE SPACE BETWEEN NEIGHBORING PROPERTIES.
THE STRUCTURE WILL BE FIVE FEET, THREE INCHES FROM THE REAR PROPERTY LINE, WHICH IS ADEQUATE SPACING BETWEEN THE ADJACENT PROPERTY AND WILL NOT POSE ANY LIFE SAFETY ISSUES.
FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATIONS OF A USE OTHER THAN THOSE USES SPECIFIC AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY WHICH THE VARIANCE IS SOUGHT, IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USED 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 THE 14 FOOT NINE INCH VARIANCE TO THE REAR SETBACK WILL ALLOW A STRUCTURE TO BE FIVE FEET, THREE INCHES FROM THE REAR PROP REAR OF THE PROPERTY LINE.
DOES NOT POSE ANY RISK OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES.
IT DOES NOT SEEM LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THERE ARE NON-CONFORMING STRUCTURES FOUND IN PROXIMITY TO THE SUBJECT PROPERTY.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SALT IS DUE TO THE UNIQUE CIRCUMSTANCES ON THE EXISTING PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL OR NOT DUE TO OF THE RESULT OF GENERAL CONDITIONS IN WHICH THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS THAT THE PLIGHT OF THE PROPERTY OWNER, UH, IS, IS SOUGHT DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THE PROPERTY IS SMALL IN SIZE, ANY IRREGULAR SHAPE, THUS CREATING THE HARDSHIP.
THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL END OF MOTION.
IS THERE A SECOND? SECOND, SECOND BY COMMISSIONER KAPLAN COMMISSIONER'S UNIT? YES.
SO I AM, UH, GONNA BE SUPPORTING THE MOTION.
UM, YOU KNOW, TH THIS IS A UNIQUE CIRCUMSTANCES WITH THE PROPERTY.
WE SAW, UH, NEIGHBORING PROPERTIES THAT ALSO HAVE THE SAME CONDITION.
SO I DON'T BELIEVE THAT IT IMPOSES ANY UNIQUE, UM, UM, YOU KNOW, CONTRARY TO THE PUBLIC INTEREST HERE, UM, WE SEE THAT THE PROPERTY IS A FAR ENOUGH DISTANCE WHERE IT'S NOT GONNA POST ANY KIND OF FIRE HAZARD, A FIRE SAFETY.
WE DID NOT SEE ANY OPPOSITION FROM THE NEIGHBORING PROPERTIES OR FROM THE, UM, UH, UH, NEIGHBORHOOD ASSOCIATION.
UH, I FIND THAT ADDITIONAL HARDSHIP HERE IS THAT IF WE DENY THE VARIANCE THAT THEY WOULD HAVE TO GO BACK BEFORE H D R C TO GET FURTHER APPROVALS, WHICH COULD FURTHER DELAY THE PROJECT.
AND I JUST THINK THIS IS A, IT IS AN EFFICIENT, IT'S A GOOD USE FOR THE PROPERTY AND, UH, PROVIDES THE APPLICANT AN OPPORTUNITY TO USE THE PROPERTY TO ITS, UH, FULLEST AND BEST USE FOR HIS FAMILY.
THANK YOU COMMISSIONER KAPLAN.
AND I AM AGREEING WITH MY FELLOW COMMISSIONER HERE.
ANYONE ELSE LIKE TO ADD TO YOU? COMMISSIONER TEAL.
UM, IF YOU'VE JUMPED THROUGH THE HOOPS, UH, OF THE H D R C AND THEY'RE OKAY WITH IT, THEN SO AM I.
[02:30:01]
ALL RIGHT.ANYONE ELSE LIKE TO ADD HEARING NONE.
I CONCUR THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
MR. THI YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN.
I ALSO CONCUR WITH THE FINDINGS OF FACT.
PLEASE GET WITH STAMP IF YOU HAVE ANY QUESTIONS.
WE'RE, UM, GONNA GO, UH, TO NUMBER 13.
I DON'T KNOW IF THERE'S ANYONE ELSE HERE.
HAS THAT APPLICANT EXPRESSED ANY CONCERN FOR A CONTINUANCE OR THAT THEY'RE GONNA BE HERE LATER OR WHAT? UH, THE APPLICANT FOR AGENDA ITEM 13, THEY'RE REQUESTING A CONTINUANCE.
DO YOU NEED TO GIVE A QUICK PRESENTATION SO WE CAN, UH, ENTERTAIN A MOTION? YES.
UH, LOCATED SIX FOUR AT 1 0 2 4 BLANCO STREET COUNCIL DISTRICT ONE APPLICANT BEING SUMMIT PROPERTIES HOLDINGS, L L C.
UH, CURRENT ZONING IS I D Z, UH, FOR SIX RESIDENTIAL DWELLING UNITS.
IS THIS THE CORRECT NUMBER HE'S TALKING ABOUT? IT'S, HE HAS SIX FOUR UP.
HE MADE, HE MENTIONED SIX SEVEN, BUT IT'S, IT ENDS IN SIX FOUR.
THERE'S A MORE CASE, ISN'T THERE? YOU'RE GONNA CONTINUE.
WE'RE GONNA BE REVISITING ITEM NUMBER 11, BUT WE'RE DOING 13 FIRST.
YEAH, NO, YOU, YOU HAD IT RIGHT.
AND THEN, UH, YEAH, JUST THE REQUEST FOR A, UH, 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT FRONT SETBACK REQUIREMENT, UH, AS REQUIRED BY THE BEACON HILL N C D TO ALLOW STRUCTURE TO BE 10 FEET FROM THE FRONT PROPERTY LINE.
AND SINCE THEY ARE REQUESTING A CONTINUANCE.
IS THERE A MOTION FOR CONTINUANCE TO MAY 2ND? TEAL COMMISSIONER THIEL.
BOA DASH 22 DASH 0 3 6 4 IS CONTINUED TO MAY 2ND, RIGHT? IS THERE SECOND? SECOND.
COMMISSIONER CRUZ HAS A SECOND, UH, STAFF PLEASE.
MR. ZUNIGA? I DON'T KNOW IF I WAS HERE.
SO I WON'T WHAT'S THIS? THAT'S A TRUE STATEMENT.
IS THAT A YES, MR. Z? AGAIN, IS THAT A YES? YEAH.
MOTION IS PASSES 11 TO ZERO FOR CONTINUOUS TO MAY 2ND.
WAS THERE ANY, UM, INPUT HERE WITH REGARDS TO COMMUNITY OPPOSITION OR ANYTHING? SO DID WE SEE THAT OR COULD WE JUST FLY BY THAT PAGE SO WE CAN SEE IF THERE'S ANY INPUT? THANK YOU.
SO, UH, WE DID RECEIVE RESPONSE, RESPONSE FROM THE BEACON HILL NEIGHBORHOOD ASSOCIATION.
UM, THEY WERE ALSO REQUESTING THE CONTINUANCE.
NOW WE'RE GONNA GO TO ITEM NUMBER 11.
HAS THE APPLICANT FRIDAY, NUMBER 11, MADE ANY COMMUNICATION SINCE THE LAST TIME THIS WAS BROUGHT UP TODAY? WE REACHED OUT.
SO, UM, UH, GIVE A QUICK PRESENTATION ON ITEM NUMBER 11.
AND WE'RE LOOK, AND WHEN THE TIME COMES, WE'RE LOOKING FOR A CONTINUANCE MOTION TO MAY 2ND AS WELL.
UH, LOCATED AT 6 1 5 WEST BAYLOR COUNCIL, DISTRICT FIVE, APPLICANT B FRANCISCO JAVIER MORALES.
A REQUEST FOR A 10 FOOT VARIANCE FROM THE MINIMUM 20 FEET REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE REAR PROPERTY LINE.
CURRENT ZONING IS R FIVE, RESIDE RESIDENTIAL SINGLE FAMILY, AND A REQUEST FOR CONTINUES TO BE SECOND.
UM, SO COULD YOU ALSO FLASH TO THE, TO THE LAST PAGE JUST TO SEE WHAT THE COMMUNITY CODE WAS? NO ONE SIGNED UP TO SPEAK AND NO VOICEMAILS, RIGHT? THAT'S CORRECT.
WITH THAT, UM, IS THERE A MOTION ON THE TABLE? THIEL? COMMISSIONER THIEL, UH, REGARDING CASE NUMBER BO EIGHT DASH 22 DASH 3 3 7, UH, I MOVE, EXCUSE ME.
I MOVE THAT, UH, WE CONTINUE IT TO MAY.
[02:35:02]
ALL RIGHT.11 TO ZERO ITEMS CONTINUED TO MAY 2ND,
[ Approval of Minutes ]
LEAVING US WITH THE MINUTES.IS THERE ANY AMENDMENTS? UH, FROM THE COMMISSIONERS? ANY COMMISSIONERS TO THE MINUTES? ALL RIGHT.
I'M LOOKING FOR A MOTION TO APPROVE.
MOTION TO APPROVE BY COMMISSIONER MANNA.
[Other Items]
DIRECTOR'S REPORT.ANYTHING TO ADD? NOTHING NEW OTHER THAN, UM, THE PTAC IS PROGRESSING THROUGH THEIR MEETINGS.
AND HOPEFULLY IF WE GET EVERYTHING DONE ON TIME, WE WILL FINISH EARLY IN THE PROCESS.
AND THEN, UH, WE'LL START BRIEFING, UH, YOU GUYS ON, UH, THE AMENDMENTS AND, UH, BRINGING THEM FORWARD FOR ACTION.
SO I'LL WORK WITH THE POLICY TEAM ON WORK SESSIONS AND, UH, THE REGULAR SESSIONS AND THINK EARLY SUMMER, VERY EARLY SUMMER.
I HEARD, UH, TODAY THAT WE NO LONGER HAVE TO GET AN ADDRESS FROM APPLICANTS.
SO AT ALL FUTURE MEETINGS, THAT WAS SOMETHING THAT I, I, I WAS COME TO FIND OUT THAT IT WAS SOMETHING THAT WE HEARD THAT WAS DONE BEFORE WE HAD THE, UH, VARIOUS TECHNOLOGY AND SIGNUP SHEETS THAT WE NOW CURRENTLY HAVE.
ALL THEY HAVE TO DO IS STATE THEIR NAME AND THEY'RE READY TO GO.
SO I WILL NOT BE ASKING IN CASE ANYBODY WONDERS WHY I'M NOT ASKING FOR PEOPLE'S ADDRESS IN THE FUTURE.
SO,
UM, ON OUR, OUR TEAM IS, UM, VICTORIA RODRIGUEZ.
SHE'S THE ONE WHO'S BEEN SENDING OUT THE EMAILS.
UH, SHE'LL BE THE NEW LIAISON FOR B O A.
SO YOU'LL BE SEEING A LOT OF CORRESPONDENCE FROM HER, HER.
YOU WERE HERE LAST, LAST TIME.
WAS THAT YOUR FIRST MEETING? WAS LAST TIME? IT WAS MY FIRST MEETING WAS ON THE FOURTH, YES.
WELL, WELL, THANK YOU VERY MUCH.
WE LOOK FORWARD TO SEEING MORE OF YOU.
AND, AND, UH, AND WITH THAT, I HEREBY ADJOURN THE, UH, UH, APRIL 18TH, B O A MEETING.