* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. IN, CAN YOU HEAR US? [00:00:01] I CAN. THANK YOU. THANK YOU SO MUCH FOR JOINING. CAN Y'ALL HEAR ME OKAY? YES. MR. DAHMER, WE CAN HEAR YOU. OKAY. ALRIGHT, WE ALL UP RECORDING. ALRIGHT, GREAT. UH, IT IS TWO THIRTY FIVE. I HEREBY CALL THIS, UH, MEETING MAY 2ND OF THE BOARD OF ADJUSTMENTS INTO ORDER. I HAVE THE SPANISH INTERPRETER OUT HERE. PLEASE INTERPRET. ALL RIGHT. THANK YOU. DOES EVERYBODY PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE? I PLEDGE ALLEGIANCE TO THE FLAG IN UNITED STATES AMERICA AND TO REPUBLIC FOR WHICH IS NATION HONOR THE TEXAS FLAG. I ALLEGIANCE TO TEXAS ONE STATE GOD INDIVIDUAL. ALL RIGHT. IF EVER EVERYONE COULD PLEASE SILENCE ON THE MOBILE [ Briefing and Possible Action on the following items  ] DEVICES. UM, BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION. THE BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES WHEN THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ANSWER THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS TO THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS SUPPORTED 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 DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM THE REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY DECISION, EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE RELEASE OUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELEASE CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIALS. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LEAVE ME YOUR PRESENTATION REMARKS OF THE PERTINENT FACTS OF YOUR CASE. 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 EX INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THE PRESENTATION AND ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION, YOU'LL BE CALLED AN ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGN 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 THE AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU CHAIRMAN. THANK YOU. SO WE'RE, UH, ITEMS ONE AND TWO HAVE BEEN WITHDRAWN. UH, THE NEXT CASE IS ITEM THREE AND AS MENTIONED, UH, UH, EARLIER IN THE DAY FOR THOSE WHO ARE HERE EARLIER, UH, THERE ARE NINE MEMBERS PRESENT. ALL NINE HAVE TO VOTE IN THE AFFIRMATIVE FOR YOUR CASE, UH, TO BE APPROVED. SO IF THERE'S ANYONE HERE THAT, UH, WOULD LIKE TO BE, UH, CONTINUED TO, UH, UH, A FUTURE MEETING AT ANY TIME, PLEASE GO SEE, UH, UH, KAYLA OVER THERE ON THE SIDE. LET HER KNOW AND, UH, THAT YOU'D LIKE TO REQUEST A CONTINUANCE AND WE'LL, WE WILL, UH, ENTERTAIN THAT REQUEST. CHAIRMAN. SO, YES. UH, DO WE NEED ROLL CALL? OH, YES, PLEASE TAKE A ROLL CALL [00:05:07] MS. KAPLAN. PRESENT. MS. ALBERT? PRESENT. MS. LIND? PRESENT. MS. CRUZ? HERE. MR. MANNA PRESENT. MR. DELMER? PRESENT. MR. TEAL? PRESENT MR. OZUNA PRESENT CHAIR ORIAN AND I'M ALSO PRESENT, UH, THAT MAKES NINE WHERE WE HAVE A QUORUM. ALL RIGHT, SO ITEM NUMBER THREE. UM, ITEM NUMBER THREE, BO 8 22 1 0 3 0 0 0 3. A ADDRESS AS IS 6 1 5 WEST BAYLOR AND COUNCIL DISTRICT FIVE. APPLICANT BEING FRANCISCO XAVIER MORALES, UH, ZONING BEING R FIVE RESIDENTIAL SINGLE FAMILY WITH ALL OVERLAYS REMAINING THE SAME. AND A REQUEST FOR A 10 FOOT VARIANCE FROM THE MINIMUM, MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW THE STRUCTURE TO BE 10 FEET FROM THE REAR PROPERTY LINE. UM, THE APPLICANT'S PROPOSING TO CONSTRUCT A DWELLING THAT ENCROACHES 10 FEET INTO THE REQUIRED MINIMUM SETBACK REAR SETBACK. UM, THE LAW IS CURRENTLY VACANT. THE APPLICANT'S PROPOSING TO CONSTRUCT THE SINGLE FAMILY DWELLING, UH, THE VACANT LAW, BUT TO RESIDENTIAL HOMES TO THE REAR, UH, PICTURE OF THE SITE PLAN AND THE SUBJECT PROPERTY AND SURROUNDING AREAS. SO REAR SETBACK, UH, VARIANCE THAT RECOMMENDS DENIAL. BO O 8 22 1 0 3 0 0 0 3 8 BASED ON THE FOLLOWING FINDINGS OF FACT, UM, THE LAW IS CURRENTLY VACANT AND THE PROPOSED DWELLING WILL BE, WILL BE A NEW CONSTRUCTION AND THERE DO NOT APPEAR TO BE ANY UNIQUE CIRCUMSTANCES EXISTING ON A PROPERTY. UM, THERE WERE 21 NOTICES. UM, ZERO IN FAVOR, ZERO OPPOSITION AND NO RESPONSE FROM CALLING GUARDIAN'S HOMEOWNERS ASSOCIATION AND THE APPLICANT SHOULD BE PRESENT. THANK YOU. GREAT. UH, WITH THE APPLICANT, PLEASE COME FORWARD. UH, HELLO. HELLO. IF YOU COULD JUST STATE YOUR NAME AND, UH, UH, MY NAME'S JAVIER MORALE. THANK YOU SIR, PLEASE BEGIN YOUR PRESENTATION. UM, I'M JUST ASKING FOR THE VARIANCE. UH, THIS IS MY FIRST TIME PRESENTING THIS, SO I DON'T KNOW WHAT, WHAT'S, WHAT IT ENTAILS, BUT I'M JUST REQUESTING THE VARIANCE. UH, I DID COME IN AND ASK ONE OF THE EMPLOYEES HERE IF THIS WAS GONNA, UH, IF THIS WAS ALLOWED BEFORE WE EVEN DESIGNED, UH, ANY OF THE PLANS. I DID BUILD NEXT DOOR. THE HOUSE NEXT DOOR DOES HAVE A GARAGE WITH A 10 FOOT SETBACK, BUT I WASN'T AWARE THAT IT NEEDED TO BE DETACHED. SO I DID AN ATTACHED, UM, DESIGNED WITH IT. UM, OTHER THAN THAT IT'S 13 FEET REALLY THAT I'M, UH, THE SETBACK. SO I'M ASKING FOR SEVEN FOOT VARIANCE. COULD YOU GIVE YOUR ADDRESS TOO? UH, WE DON'T NEED TO HEAR ADDRESSES, UH, ANYMORE MOVING FORWARD. RIGHT. OH, ALL RIGHT. UH, IS STAFF, IS THERE ANY SIGN UP TO SPEAK OR ANY VOICEMAILS? NO. OKAY. UH, WE'RE GONNA OPEN THIS UP TO QUESTIONS THERE. ANY COMMISSIONER QUESTIONS? CRUZ COMMISSIONER ZUNA, THEN CRUZ. MR. MORALES, I WAS JUST WONDERING IF YOU COULD SPEAK DIRECTLY TO THE ECONOMIC OR THE HARDSHIP THAT IT'LL CREATE IF THE VARIANCE WAS DENIED. YOU MENTIONED YOU HAD DESIGNED ALREADY THE PLANS FOR IT. YES, SIR. CAN YOU SPEAK ABOUT ECONOMIC AND THE HARDSHIP TO YOU? IF THE, IF THE VARIANCE WAS DENIED? YEAH, ECONOMIC WOULD BE THE, I MEAN, IT WOULD TAKE MORE TIME AND I'D HAVE TO PAY MY ENGINEERS, ARCHITECTS, UM, ALL THAT STUFF. MORE TIME, MORE THAN ANYTHING. UM, IF NOT, WORST CASE SCENARIO IS SOMETHING I COULD JUST DETEST THE GARAGE AND LEAVE IT WHERE IT'S AT AND TAKE THREE FEET OFF THE REAR BEDROOM AND SEPARATE IT AND IT STAY IN PLACE. BUT YEAH, MORE I THINK IT'S THE HARDSHIP IS THE FINANCIAL HARDSHIP THAT IT WOULD CAUSE. AND THE TIME MORE THAN ANYTHING IS FOR US TO WAIT FOR EVERYTHING REDESIGNED, GO THROUGH A POOL PROCESS. ONCE AGAIN, THE WHOLE, AND IN REGARDS TO THE PLANS, I MEAN EVERYTHING WOULD BE BUILDING PERMITS AND EVERYTHING WOULD BE SOLVED THROUGH THE CITY AND F OF PROJECT AND, AND THIS IS THE ONLY THING HOLDING ME BACK. ALREADY EVERYTHING'S BEEN APPROVED. IT'S JUST, OKAY, THIS IS THE ONLY THING I WASN'T AWARE OF. AND THEN WATER RECAPTURES, IT'S COMING OFF THE ROOF AND EVERYTHING. YOU'RE USING GUTTERS AND OH, YES SIR. EVERYTHING IS CONTAINED WITHIN YOUR PROPERTY? YES, SIR. OKAY. THANK YOU. ALRIGHT, MR. CRUZ. OKAY, I GOT A QUESTION FOR STAFF, AND MAYBE I'M READING THIS WRONG. UM, WHY ARE YOU ALL DENYING THIS REQUEST? IS MY CURIOSITY. THE STAFF RECOMME RECOMMENDATION FOR DENIAL IS DUE TO THERE NOT BEING ANY HARDSHIPS EXISTING ON THE PROPERTY. UM, STAFF COULDN'T FIND ANY HARDSHIPS OR UNIQUE CIRCUMSTANCES ON THE LOT. OKAY. WELL, UM, THE WAY I'M LOOKING AT THE DRAWING AND THE WAY THE, THE PROPERTY IS, SINCE IT'S GONNA BE LONG WAYS, RIGHT? YES, MA'AM. INSTEAD OF THIS WAY? YES, MA'AM. THE ONLY OTHER THING I CAN SEE THAT WOULD BE NOT THERE WOULD BE THE, THE TREE THAT MIGHT STILL BE IN THE WAY, BUT OTHERWISE I AM NOT SURE OF WHY IT COULDN'T GO THROUGH SINCE THERE IS LIKE ABOUT FOUR OR FIVE [00:10:01] BRAND NEW HOUSES IN THAT AREA. YES, MA'AM. I DEVELOPED THOSE HOUSES. WELL, I KNOW THE AREA, THAT'S WHY. OH, OKAY. YEAH, THERE IS GARAGES THAT ARE AT THREE FOOT SETBACKS IN THE AREA. OKAY. MR. CRUZ? UH, YEAH, I'M, I, MY CURIOSITY'S STILL THERE. I'M NOT SURE OF WHAT CAN BE CHANGED SO THAT HE COULD STILL GET THE 10 FOOT VARIANCE IF HE'S JUST REQUESTING SEVEN FOOT VARIANCE. SO I'M NOT SURE OF WHAT'S GOING ON. SO I, SO I HAVE A QUESTION. SO THE, THE AGENDA READS THAT YOU'RE ASKING FOR A 10 FOOT VARIANCE, BUT YOU'RE SAYING YOU ONLY NEED SEVEN? YEAH, I ONLY NEED SEVEN. OKAY. AND THEN IT'S 13. IT'S 13 FEET FROM THE REAR SIDE BACK ON THE REAR. AND THEN ON THE SITE PLAN IT SHOWS YOU A LOT IS, IS TO BE, AS COMMISSIONER CRUZ BROUGHT UP VERY, VERY WIDE. ARE YOU TRYING TO REPL THIS AND, AND DO LIKE THREE OR FOUR OF THESE? I'VE ALREADY DONE, UH, I GOT THE CODS ALREADY, IT'S ALREADY BROKEN UP INTO FOUR DIFFERENT LOTS. IT WAS ONE LOT WHEN I BOUGHT IT AND I BROKE IT UP INTO FOUR. SO NOW THIS IS THE THIRD HOUSE GOING IN. OKAY. IS THIS THE ONLY ONE THAT HAS THE SETBACK ISSUE? YEAH, LIKE I SAID, THE ONE NEXT DOOR IS THE TWO STORY I BUILT, BUT IT WAS, UH, DETACHED FROM THE HOME SO I WAS ABLE TO GET AWAY. I DIDN'T KNOW THAT THAT WAS THE REQUIREMENT. AND I DID A 10 FOOT SETBACK ON THAT ONE. AND THIS IS ONLY, THIS IS ONLY FOR THE REAR GARAGE? YES, SIR. SINGLE STORY. YES, SIR. AND IT'S GOT A PITCH ROOF THAT, THAT GOES NORTH AND SOUTH. IT'S JUST A SLOPED ROOF? YES. OKAY. ALL RIGHT. THANK YOU. ANY OTHER QUESTIONS? NONE. ALL RIGHT. SO, UM, IF THERE'S ANYTHING ELSE YOU'D LIKE TO ADD? NO, SIR. ALL RIGHT. UM, LOOKING FOR A MOTION TEAL COMMISSIONER TEAL REGARDING CASE NUMBER BO OA DASH 22 DASH 0 3 3 8. I MOVE THE BOARD OF ADJUSTMENT GRANTER REQUEST FOR A 10 FOOT VARIANCE FROM THE MID 20 FOOT REAR SET BACK REQUIREMENT TO ALLOW A STRUCTURE TO BE 10 FOOT FROM THE REAR PROPERTY LINE SITUATED AT 6 1 5 WEST BAYLOR, APPLICANT BEING FRANCISCO JAVIER MORALES. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE WILL NOT BE CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURED 10 FOOT FROM THE REAR PROPERTY LINE FOR PROPOSED DWELLING. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT HAVING TO POSTPONE DEVELOPMENT ON THE LOT OR REDESIGN THE LAYOUT OF THE DEVELOPMENT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE 10 FOOT FROM THE REAR PROPERTY LINE FOR A PROPOSED DWELLING WILL OBSERVE THE SPIRIT OF THE ORDINANCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST FOR A 10 FOOT VARIANCE FROM THE REAR SETBACK REQUIREMENT IS ENOUGH SPACE AWAY FROM THE PROPERTY LINE AND IS NOT LIKELY TO NEGATIVELY AFFECT THE ADJACENT NEIGHBORING PROPERTIES. SIX. THE PLIGHT OF THE, EXCUSE ME, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY OR NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SMALL AMOUNT OF AVAILABLE SPACE. END OF MOTION. SECOND. SECOND. BY COMMISSIONER KAPLAN. UH, COMMISSIONER THIEL? YES, SIR. UH, I'LL BE IN FAVOR OF THIS. UH, THERE'S MORE THAN ENOUGH SPACE WITH THE, WITH HIS CURRENT SETBACK, ESPECIALLY AT 13 FEET LESS THAN WHAT'S ADVERTISED. UM, AND I MEAN, THESE ARE SMALLER CITY LOTS THAT, UH, NEED PLACES FOR BARKING. SO I'LL BE IN SUPPORT OF. ALL RIGHT. COMMISSIONER KAPLAN? I AGREE. AND FOR THAT, FOR THE SAME REASON, I'LL BE IN SUPPORT OF IT ALSO. THANK YOU. OKAY. COMMISSIONER CRUZ? UM, YES, I WILL DEFINITELY BE IN SUPPORT OF THIS. I, I CAN'T SEE WHY IT COULDN'T GO THROUGH. THANK YOU. THANK YOU. ANYONE ELSE? MANNA. SO I, SO I GOT CONFUSED THERE. SO WAS IT 13 OR IS IT 10? 'CAUSE I, IT'S WHAT I READ IN THE MOTION. SO YOU READ 10 FOR THE MOTION? CORRECT. SO, SO WOULD YOU CONSIDER THE 13? 'CAUSE THAT'S WHAT HE ASKED FOR, OR YOU LIKED YOUR 10? I MEAN, HE'S, WE'VE SEEN THE LAYOUT. UH, THE MO I'M GOING TO GO WITH THE MOTION THAT I READ. OKAY. ALL RIGHT. SADLY, TAKE A ROLL CALL VOTE. UM, REALLY QUICKLY, IF I MAY, UM, I DO WANNA CLARIFY THAT THE COLLINS GARDEN NEIGHBORHOOD ASSOCIATION WAS OPPOSED. WE DID RECEIVE AN EMAIL AND IT WAS JUST LOCATED. SO JUST WANNA CLARIFY THAT [00:15:01] REALLY QUICKLY. UH, THE, THE NEIGHBORHOOD ASSOCIATION, DOES THAT CHANGE ANY COMMISSIONERS WHILE WE'RE STILL IN DELIBERATION? ARE YOU SURE ABOUT THE THREE FOOT ? IF, IF YOU WILL GARNER SUPPORT, I'D BE HAPPY TO AMEND THE MOTION FOR THE SEVEN FOOT. THANK YOU. DO WE HAVE A, AN AMENDMENT? UH, THE SECOND WAS BY KAPLAN. DO YOU ACCEPT THE AMENDMENT? I DO. OKAY. SO WE HAVE A MOTION FOR A SEVEN FOOT VARIANCE OF THE 20 FOOT REAR SETBACK FOR 13 FOOT SETBACK. UH, STAFF, PLEASE TAKE A ROLL CALL VOTE. MR. THI YES, I CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT, MR. ALBERT. I CONCUR. MS. LIND, I CONCUR. DON'T LOSE THE CONNECTION. MS. CRUZ. YES, I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MR. OZUNA? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES NINE TO ZERO. CONGRATULATIONS. THANK YOU VERY MUCH. THANK YOU. UH, NEXT CASE PLEASE, TODAY. ALRIGHT, APPRECIATE IT. UH, BO O A 22, UH, 1 0 3 0 0 0 6 4 LOCATED AT 1 0 2 4 BLANCO STREET AND COUNCIL DISTRICT ONE, UM, APPLICANT BEING SUMMIT PROPERTIES HOLDING L L C. UM, CURRENT ZONING IS I D Z INFO DEVELOPMENT ZONE, UM, WITH THE FOUR SIX RESIDENTIAL DWELLING UNITS AND ALL RELAYS REMAINING THE SAME. UM, REQUEST FOR A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT FRONT SETBACK REQUIREMENT AS REQUIRED BY THE BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE FRONT PROPERTY LINE. UH, THE APPLICANT HAS REQUESTED A 10 FOOT VARIANCE OF THE MINIMUM 20 FOOT FRONT SETBACK REQUIREMENT AS REQUIRED BY BEACON HILL TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE FRONT PROPERTY LINE. THE PROPERTY IS RECENTLY RE RESUME BY CITY COUNCIL ON MARCH 21ST, 2019 THAT PROPOSED THE CURRENT SITE PLAN. UM, IT IS CURRENTLY AN EMPTY LOT, UH, CURRENT SITE PLAN AND, UM, THE SURROUNDING AREAS, UH, STAFF RECOMMENDS APPROVAL AND BO O A 22 1 0 3 0 0 0 6 4 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THE PROPOSED SITE PLAN WAS HEARD AND APPROVED BY CITY COUNCIL DURING THE CHANGE OF THE ZONING PROCESS. AND THE SMALLEST SIZE OF THE LAW IS FOUND TO BE A UNIQUE CIRCUMSTANCE THAT PRESENTS A HARDSHIP IN MEETING 20 FOOT FRONT SETBACK, UH, NOTIFICATION, UM, THERE WAS GONNA BE 22 MALE NOTICES. UM, ZERO IN FAVOR, ZERO OPPOSITION. AND BEACON HILL NEIGHBORHOOD ASSOCIATION IS IN FAVOR, UH, THAT CONCLUDES THAT PRESENTATION AND THE APPLICANT IS PRESENT. UH, BEFORE YOU GO, JUST FOR CLARIFICATION PURPOSES, UH, I D C TYPICALLY REQUIRES A FIVE FOOT PERIMETER. I KNOW THAT N C D MAY HAVE A 10 FOOT, UH, SETBACK IN THE, IN THE FRONT, BUT IS, IS THERE ANYTHING IN THE I D C CODE THAT THAT ALLOWS, UH, THE I D C TO CONTROL OVER AN N C D OR IS THAT, AM I JUST NO, THE N C D WILL BE MORE RESTRICTIVE. ALL RIGHT. THANK YOU ALL. IF YOU COULD PLEASE STATE YOUR NAME, HIO. YEAH, IF YOU COULD STATE YOUR NAME AND THEN YOU CAN BEGIN YOUR PRESENTATION. YEAH, RICARDO TOES. OKAY. OKAY. OKAY, GREAT. UM, THE PREVIOUS STATED, THE, THE AD THE ADDRESS IS 10 24 BLANCO. UM, THE REQUEST IS, UH, IS TO BASICALLY GRANT A 10 FOOT SETBACK INSTEAD OF THE, UH, 20 FOOT SETBACK INCLUDED IN THE N C D. UM, UH, THE, THE PRO I PUT A QUICK PROJECT HISTORY. UM, SO I'VE BEEN WORKING ON THIS PROJECT FOR QUITE SOME TIME IN 20, IT WAS, UH, YEAH, IT WAS, UH, REZONED IN 2019, UM, ACTUALLY FOR SIX UNITS. AND, UM, WE ENDED UP DOING FOR THE, WE HAD AN APPROVED SITE WORK PERMIT MARCH, 2020. AND WELL COVID HIT. SO WE, WE STOPPED, YOU KNOW, WORKING ON THAT AND THAT, YOU KNOW, THE PROJECT WAS RE, YOU KNOW, REDONE. AND WE ARE NOW IN, WE ARE NOW IN THE, UH, BASICALLY IN ROUND TWO OF SITE WORK PERMITS IN THE FIRST SITE WORK PERMIT WAS DEEMED EXPIRED. UM, [00:20:01] IN THE FIRST ROUND IT WAS NOT MENTIONED THE SETBACK. NOW ON THIS ROUND IT, IT BECAME AN ISSUE. SO WE ARE NOW AT THE B O A, UH, THE BEACON HILL NEIGHBORHOOD. ASSOCI, UH, NCDS ACTUALLY SAYS THAT THERE'S A 20 FOOT, UM, FRONT SETBACK FROM THE PROPERTY LINE. UM, MY REQUEST IS 10 FEET, BUT ACTUALLY IT'S, IT'S MORE LIKE FIVE FEET BECAUSE DURING PLATTING I, I DEDICATE, WE DEDICATED FIVE FEET TO THE CITY OF SAN ANTONIO FOR THE EXPANSION OF BLANCO. IN ANY FUTURE CASE, THIS IS A, A QUICK, UM, COMMUNITY CONTEXT. WE ARE BUDDING A BASICALLY A, AN APARTMENT BUILDING THAT HAS A BIG, UH, GARAGE AND, UM, THEIR TRASH IS RIGHT THERE AT THE RIGHT, THE CORNER OF IT, UM, SINGLE FAMILY NEXT TO US. THIS IS, UM, OUR SITE PLAN, LIKE I SAID, 25 FEET FROM THE ACTUAL CURB, UH, IN THE, AND THEN NEXT EXHIBIT YOU'LL SEE THAT OUR, OUR, UH, HOUSES ARE ACTUALLY ALIGNING, UM, RIGHT WITH KINDA IN THE MEDIAN OF ALL THE EXISTING HOMES. AND YEAH, THE PARKING LOT IS RIGHT NEXT TO US. JUST SOME QUICK PICTURES OF OUR, UM, ARCHITECTURE AND THEN A LETTER OF SUPPORT FROM THE B K L RIVER ASSOCIATION. AND AT THE END THERE'S A, UH, THE ACTUAL RECORDED ORDINANCE THAT SHOWS THE SETBACK AS PRESENTED TODAY. THANK YOU. THANK YOU VERY MUCH. YES, SIR. UM, STAFF, HAS ANYONE SIGNED TO SPEAK ANY VOICEMAILS? NO. ALL RIGHT. ANY COMMISSIONER QUESTIONS FOR THIS APPLICANT? I JUST HAVE A QUICK ONE. SO YOU, YOU ORIGINALLY HAD IT DONE AT SIX AND YOU DID AN AMENDMENT TO TAKE IT TO FOUR UNITS. ALRIGHT, THANK YOU VERY MUCH. ALL RIGHT. WITH THAT, UH, IF THERE'S LOOKING FOR A MOTION, I ZUNA COMMISSIONER ZUNA REGARDING CASE NUMBER BO OA DASH 22 DASH 360 4. I MOVED THAT THE BOARD OF ADJUSTMENTS GRANT TO REQUESTS FOR A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT FRONT SETBACK REQUIREMENT IS REQUIRED BY THE BEACON HILL N C D DESIGN STANDARDS TO ALLOW TWO RESIDENTIAL DWELLINGS TO BE 10 FEET FROM THE FRONT PROPERTY LINE SITUATED AT 1 0 2 4 BLANCO STREET, APPLICANT BEING SUMMIT PROPERTY HOLDINGS L L C. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A 10 FOOT VARIANCE FROM THE MINIMUM 20 F FRAME SETBACK TO ALLOW STRUCTURE TO BE 10 FEET FROM THE FRONT PROPERTY LINE. 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 THE APPLICANT HAVING TO, HAVING TO POSTPONE DEVELOPMENT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT FRONT SETBACK TO ALLOW STRUCTURE TO BE 10 FEET FROM THE FRONT PROPERTY LINE REQUIREMENT WILL OBSERVE THE SPIRIT OF THE ORDINANCE FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THE, WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE REQUEST FOR A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT FRONT SETBACK TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE FRONT PROPERTY LINE IS ENOUGH SPACE AWAY FROM THE ADJACENT PROPERTY LINE AND IS LIKELY TO NOT NEGATIVELY AFFECT THE ADJACENT NEIGHBORING PROPERTY, NOR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SALT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OF THE RESULT OF THE GENERAL CONDITIONS. AND THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE PLY 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 AND A MOTION. SECOND, A MOTION BY COMMISSIONER ZUNA, SECOND BY COMMISSIONER TEAL. COMMISSIONER ZUNA. YES, I'M GONNA BE SUPPORTING THE MOTION. UM, WE SAW ZERO OPPOSITION FROM, UH, THE NEIGHBORS OF THOSE THAT WOULD BE IMPACTED. AND FURTHER WE SAW, UH, SUPPORT A LETTER OF SUPPORT FROM THE BEACON HILL NEIGHBORHOOD, UH, UH, NEIGHBORHOOD, UM, UH, DIS UH, SUPPORTING THE, UH, THE REQUEST FOR THE VARIANCE. UH, AND ALSO THE APPLICANT PROVIDED TESTIMONY THAT THE AVERAGE FRONT SETBACK ALONG THAT BLOCK FACE OF BLANCO ROAD WAS WITHIN THE 10 FOOT VARIANCE THAT HE'S REQUESTING. SO I'M SUPPORTING THE MOTION COMMISSIONER THIEL ATO WILL BE IN SUPPORT. UH, THANK YOU FOR REACHING OUT TO THE NEIGHBORHOOD THERE. UM, I'M WORKING THROUGH THE N C D PROCESS WITH THEM. YES, SIR. YES. UH, ANY OTHER COMMISSIONERS? HEARING NONE. UH, STAFF PLEASE TAKE A ROLL CALL. VOTE [00:25:01] MR. UNA. YES, I CONCUR. MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MS. LIND I CONCUR. MS. CRUZ I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. NINE TO ZERO. CONGRATULATIONS. ALL RIGHT. NEXT CASE. UH, BO 8 2 2 1 0 3 0 0 0 4 4. LOCATED AT 1 4 4 0 2 NORTH US TWO 80 HI. 2 81, UM, COUNCIL DISTRICT NINE, UH, APPLICANT BEING MARY GORMAN. UH, CURRENT ZONING IS C TWO COMMERCIAL DISTRICT. I'M ALL RELEASE REMAINING NAME. UM, A REQUEST FOR A 15 FOOT VARIANCE FROM THE 50 FOOT SIGN MAXIMUM, UM, TO ALLOW A SIGN TO BE 65 FEET TALL. UM, THE SUBJECT PROPERTY IS LOCATED ALONG THE AXIS ROAD OF US HIGHWAY 2 81. THE APPLICANT'S APPROACHED TO REPLACE AN EXISTING 50 FOOT TALL SIGN WITH A 65 TALL SIGN. UM, THE MAXIMUM HEIGHT ALLOWED, ALLOWED ALONG EXPRESSWAYS FOR FREESTANDING SIGNS IS 50 FEET AND THE MAXIMUM SQUARE FOOTAGE IS ALLOWED IS 375 SQUARE FEET. UH, THE POST SIGN, UH, DOES MEET THE MAXIMUM SQUARE FOOTAGE REQUIREMENT, BUT IT'S REQUESTED TO BE 15 FEET TALLER THAN WHICH IS ALLOWED. UM, BY ALLOWING THE HEIGHT OF THE SIGN TO BE 65 FEET TALL, IT WOULD ELIMINATE THE DISTINCTION BETWEEN SINGLE AND MULTI-TENANT AND WILL ALTER THE CHARACTER OF THE AREA UPON SITE VISITS. STAFF OBSERVED THAT THE SUBJECT PROPERTY IS SLIGHTLY ELEVATED. UH, JUST A PICTURE OF THE SITE PLAN AND WHAT THEY'RE PROPOSING AND THE SUBJECT PROPERTY WITH THE SIGN ITSELF AND ITS SURROUNDING AREAS, STAFF RECOMMENDS DENIAL AND BO O A 22 103 0 0 0 4 4 BASED ON THE FOLLOWING FINDINGS OF FACT, UM, THE EXISTING FREESTANDING SIGN IS 50 FEET TALL AND BY ALLOWING A 65 FOOT TALL SIGN, IT WILL ELIMINATE THE DISTINCTION BETWEEN SINGLE OR MULTI-TENANT. UM, THERE WERE EIGHT NOTICES SENT OUT. UH, ZERO IN FAVOR, ZERO IN OPPOSITION. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION. UH, AND THAT CONCLUDES STAFF PRESENTATION AND THE APPLICANT SHOULD BE PRESENT. THANK YOU. UH, IS THE SIGN INSPECTOR HERE? I JUST WANNA MAKE SURE, UH, IS THE APPLICANT PLEASE COME FORWARD. YOU JUST LET US KNOW YOUR NAME AND YOU CAN GET GOING ON YOUR PRESENTATION. HELLO, MY NAME IS MARY GORMAN AND I'M HERE TO PRESENT, UM, THIS, UH, PYLON SIGN. IT'S FOR PROSPERITY BANK, BUT, UM, I DID, UH, NOTICE THAT Y'ALL SAID THAT, UM, THE, UM, AREA WAS ELEVATED, BUT IF YOU LOOK, IF YOU COMPARE THE PYLON SIGN THERE, PROSPERITY BANK WITH IHOP, YOU CAN SEE THAT THE, UM, THE AREA IS ELEVATED WHERE THE IHOP SIGN IS, WHICH MAKES THE IHOP SIGN THE PYLON SIGN HIGHER TALLER THAN THE PROSPERITY BANK SIGN. THAT IS LIKE THE ONLY ARGUMENT THAT I HAVE. SO IF YOU CAN TAKE A LOOK ONLINE, I THINK, UM, IHOPS ADDRESS IS 1 4 4 2 4, UM, SAN PEDRO AVENUE TO COMPARE. YOU CAN SEE THAT THE IHOP PYLON SIGN JUST, I DON'T KNOW, IT'S LIKE ON THE ELEVATED PART, PROSPERITY BANK SITS WHERE IT'S LOWER. SO IF, I DON'T KNOW IF WE CAN LOOK AT THAT. OKAY. . SO IS THERE ANY, IS ANYONE SIGNED TO SPEAK OR ANY UH, VOICEMAILS? NO, THERE ARE NO VOICEMAILS AND THE STAFF IS PULLING UP THE IMAGE. OKAY. OKAY. AND IF YOU, IF YOU GO, UM, LIKE ONTO THE HIGHWAY SOUTHBOUND LIKE YEAH, GO ONTO THE HIGHWAY. WELL, YOU CAN'T PUT, OH NO. IF YOU TURN TO THE, OKAY. SEE HOW THE IHOP SITS HIGHER AND IF YOU GO TOWARDS THE RIGHT SOUTH, YOU CAN SEE HOW IT SLOPES DOWN AND THERE'S PROSPERITY BANK. SO SEE IT ACTUALLY GOES DOWN LIKE WHAT? YEAH, ALL THE WAY DOWN. SO THAT, AND IT WOULD ONLY BE INCREASED OF 15 FEET OVERALL HEIGHT AND WE'D ACTUALLY BE LOSING [00:30:01] SQUARE FOOTAGE, UM, OF THE ACTUAL PYLON SIGN. SO WE'RE TRYING TO COMPROMISE, I GUESS. OKAY. IN A SENSE. WELL, IS THERE ANY QUESTIONS FOR THIS APPLICANT OR EVEN THE SIGN INSPECTOR? YEAH, I HAVE, I DO HAVE A QUESTION. UM, MR. KAPLAN. SO, OKAY, SO ARE YOU LOSING ANY BUSINESS FROM THIS OR WHAT IS THE PURPOSE? WHAT IS THE HARM, UM, OF HAVING THE CURRENT SIGN? I UNDERSTAND. THANK YOU FOR YOUR QUESTION MA'AM. UM, WE WOULD JUST LIKE TO HAVE MORE VISIBILITY. I KNOW THERE'S LIKE TREE GROWTH THERE AS WELL AND YOU KNOW, THEY JUST WANT PROSPERITY BANK WOULD JUST LIKE A, YOU KNOW, FAIRNESS I GUESS IN A SENSE, YOU KNOW, UM, IF IHOP SIGN CAN BE, AND IT'S NOT, IT'S, YOU KNOW, BECAUSE OF THE, THE SLOPE, YOU KNOW, THERE'S, IF YOU LOOK AND TURN AROUND, IT'S BETTER. I HAVE A BETTER PRESENTATION IF IT'S SHOWN LIKE OFF THE HIGHWAY BECAUSE YOU CAN REALLY SEE HOW THE, UH, YOU KNOW HOW IT'S NOT LEVELED, IT'S NOT STRAIGHT. THERE'S LIKE A, YOU KNOW, COMMISSIONER ALBERT, UH, COMMISSIONER ALBERT. I HAVE A SIGN FOR THE, UH, A QUESTION RATHER FOR THE CITY SIGN INSPECTOR, DO WE KNOW HOW HIGH THE IHOP SIGN IS? OR IF IT'S AN OLDER SIGN THAT STILL HAS THE OLD HEIGHT ALLOWANCE? HI, HOW ARE YOU DOING? SAME HERE. EDWARD RODRIGUEZ, CITY OF SAN ANTONIO SIGN INSPECTOR, UH, THE ORIGINAL PERMIT WAS, UH, PERMITTED IN 1988 AND IT'S FOR, IT WAS FOR 50 FEET FOR THE IHOP. RIGHT. THANK YOU. OKAY. I HAVE A COMMISSIONER ZUNA HAVE A QUESTION FOR THE SAME SI SIGN INSPECTOR UHHUH. THAT'S FINE. SO THE EXISTING SQUARE FOOTAGE OF THE PROSPERITY SIGN IS WHAT? AND WHAT ARE THEY PROPOSING TO REDUCE IT? AND ARE WE ALLOWED TO, UM, HAVE AS PART OF OUR CONSIDERATION THE NEW SIGN DESIGN AS, UM, CONSIDERATION? 'CAUSE WE'RE NOT MAKING ANY, UM, APPROVAL ON THE FACE OF THE SQUARE FOOTAGE OF THE SIGN. IF WE COULD ENTER THE SITE DESIGN AS PART OF OUR APPROVAL PROCESS TODAY. SO THE QUESTION IS WHAT IS THE EXISTING SQUARE FOOTAGE AND WHAT ARE THEY PROPOSING TO REDUCE IT BY? I BELIEVE THE EXISTING SQUARE FOOTAGE IS 3 75, IF I'M NOT MISTAKEN. AND THAT'S WHAT THEY'RE PROPOSING ALSO. WHAT WOULD THEY BE ALLOWED BY YOU? THAT'S THE MAXIMUM LI LIMIT. SO THERE'S NO REDUCTION IN THIS DISCOVERY IN THE SQUARE FOOTAGE? NO, THE WHOLE ISSUE IS, UH, THE HEIGHT. OKAY, THANK YOU. OKAY, ANY OTHER QUESTIONS? COMMISSIONER CRUZ? UH, SIR, YOU WERE SAYING THAT THE IHOP SIGN IS STILL 55 FEET AND THIS ONE IS, OR 50 FEET. IS THIS ONE AT 50 FEET ALSO RIGHT NOW? AND IS THERE REALLY AN ISSUE ON THE INCLINE THAT SHE'S TALKING ABOUT? 'CAUSE I DON'T SEE IT AND, AND I GO THROUGH THAT AREA A LOT, SO I'M JUST WONDERING. I DIDN'T SEE IT. NO, BUT IT IT'S AT 50 FEET RIGHT NOW. THAT'S WHAT I CAN'T ANSWER IS THAT THE IHOP IS SIGN IS AT 50 FEET, CURRENTLY AT 50 FEET. OKAY. ALL RIGHT. ANY OTHER QUESTIONS? ALL RIGHT, THANK YOU VERY MUCH. ALL RIGHT. UH, IF THERE'S ANY CLOSING REMARKS YOU'D LIKE TO MAKE. WELL, YOU REALLY CAN'T SEE THE SLOPE UNLESS YOU'RE ON THE HIGHWAY, YOU KNOW, SOUTH HEADING SOUTHBOUND, YOU CAN'T REALLY SEE IT, SO I DON'T KNOW. OKAY. THANK YOU. THANK YOU. UH, IS THERE A MOTION, SORRY, CRUZ COMMISSIONER CRUZ, REGARDING CASE NUMBER BO 8 2 2 1 0 3 0 0 0 4 4, I MOVE AT THE BOARD OF ADJUSTMENT GRANT, YOUR REQUEST FOR ONE, A 15 FOOT VARIANCE FROM A 50 FOOT SIGN HEIGHT MINIMUM TO ALLOW A SIGN TO BE 65 FEET TALL, SITUATED AT 1 4 4 0 2 NORTH HIGH US HIGHWAY 2 81, APPLICANT B MARY GORMAN. 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 UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE THE REARS IS NECESSARY BECAUSE SS STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE. CONSIDERING THE UNIQUE FEATURES OF THE SIZE SUCH AS DIMENSIONS, LANDSCAPING OR TY TYPOGRAPHY, UM, TO A DENIAL OF THE VARIANCE WOULD PROBABLY CAUSE THE SENSATION OF LI LEGITIMATE, LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY THE APPLICANT IS PROPOSING TO REPLACE THE EXISTING SIGN WITH THE 65 FOOT TALL SIGN. THE VARIANCE RE APPEARS NECESSARY AS A DENIAL WOULD PROBABLY CAUSE A SECESSION OF LE LEGITIMATE [00:35:01] LONGSTANDING COMMERCIAL USE OF THE PROPERTY DUE TO THE LANDSCAPING IN THE AREA. THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH IN PARAGRAPHS ONE AND TWO, THE BOARD FINDS THAT A GRANTING THE VARIANCE DOES NOT PROVIDE THE APPLICANT WITH SPECIAL PRIVILEGE, NOT ENJOYED BY, BY OTHER SIMILARLY SITUATED OR POTENTIALLY SIM SIMILARLY SITUATED, THE PROPOSED SIGN DOES NOT APPEAR TO PROVIDE SPECIAL PRIVILEGE TO THE APPLICANT. BE GRANTING THE VARIANCE WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES. THE PROPOSED VARIANCE DOES NOT APPEAR TO HAVE AN ADVERSE IMPACT ON NEIGHBORING PROPERTIES AND MOST OF THE OTHER SIGNS ARE EXISTING. C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THIS ARTICLE. THE GRANTING OF THE VARIANCE DOES NOT APPEAR TO SUBSTANTIALLY CONFLICT, CONFLICT WITH THE STATED PURPOSES OF THIS ARTICLE AND OF MOTION. SECOND. ALL RIGHT. WE HAVE A MOTION BY CRUZ SECOND BY COMMISSIONER KAPLAN, COMMISSIONER CRUZ. I, I'M REALLY NOT GONNA FAVOR THIS BECAUSE I STILL THINK WITH ALL THE OTHER PROPERTIES IN THAT AREA AND WITH THE HIGHWAY STILL GROWING AND ALL THE NEIGHBORHOODS GROWING, I THINK IT WOULD REALLY AFFECT THE AREA IF WE GRANT THE EXTRA HEIGHT. THANK YOU. COMMISSIONER KAPLAN. AND I ALSO AM NOT IN FAVOR IT, I FAVOR OF THIS BECAUSE I DO THINK THAT IF YOU, IF WE GRANT THIS, WHAT IS TO STOP THE REST OF THE, UH, BUSINESSES FROM SAYING THEY WANT A HIGHER SIGN TO, I DON'T SEE THAT THERE'S ANY REAL HARDSHIP TO THE APPLICANT. OKAY. ANYONE ELSE? COMMISSIONER ZUNA? YEAH, AND I DIDN'T HEAR THE, UH, THE MITIGATING FACTOR, WHICH WOULD'VE BEEN THE REDUCTION IN THE SQUARE FOOTAGE, THE FACE AREA AS IT AS A LITIGANT FOR THE HEIGHT. I I DIDN'T HEAR THAT TODAY, SO IT'S GONNA BE HARD FOR ME TO SUPPORT THE MOTION AS WELL. OKAY. ANYONE ELSE? UH, I'D JUST LIKE TO ADD THAT, UH, I ACTUALLY LIVED IN THIS AREA RIGHT DOWN THAT STREET FOR A NUMBER OF YEARS, AND I REMEMBER WHEN IT WAS A CAJUN RESTAURANT, I DON'T THINK THE THE SIGNAGE WAS AS MUCH OF AN ISSUE, UM, OR THE SIGN HEIGHT. UM, I JUST, UH, AND I, AND WHEN YOU GO, UH, DOWN GOOGLE EARTH UP AND DOWN THE STREET, THE SIGNS, YOU DON'T SEE THE VARYING CRAZY DIFFERENT HEIGHT DIFFERENCES THAT YOU MIGHT SEE NEAR RIDIN OR SOMETHING. I MEAN, THIS IS THE, THEY'RE ALL WITHIN FIVE FEET OF EACH OTHER IT SEEMS LIKE. SO I I CAN'T BE IN SUPPORT OF THIS, SO I'M SORRY. ALL RIGHT. THAT STAFF, PLEASE TAKE A ROLL CALL VOTE MS. CRUZ. I DO NOT CONCUR. MS. KAPLAN. I DO NOT CONCUR. MR. ALBERT. I DO NOT CONCUR. MS. LIND? I DO NOT CONCUR. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MR. THIEL. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. I DO NOT CONCUR. CHAIR ORIAN AND I ALSO DO NOT CONCUR. UH, MOTION FAILS, UH, ONE TO EIGHT. UH, YOU CAN GET WITH STAFF TO TALK TO YOU ABOUT ANY QUESTIONS OR IF YOU HAVE ANY QUESTIONS OR YOUR OPTIONS. THANK YOU. THANK YOU FOR YOUR TIME. THANK YOU. THANK YOU. UH, ITEM NUMBER SIX, PLEASE. ITEM NUMBER SIX IS BO O A 22 DASH OH THREE AT 1 51 PAUL STREET AND COUNCIL DISTRICT TWO, UH, APPLICANT IS LANDER TRINIDAD. THIS IS A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE. UH, THE ZONING IS ARMED FOUR IN THE AIRPORT HAZARD OVERLAY. DISTRICT. UH, SUBJECT PROPERTY IS GENERALLY LOCATED NORTHWEST OF THE CORNER. PAUL STREET AND SOUTH MONUMENT, UH, MONUMENTAL STREET. UM, PROPERTY CURRENT CURRENTLY HAS A SINGLE FAMILY, UH, HOME, UH, SURROUNDING USES ARE RESTRICTED TO SINGLE FAMILY RESIDENTIAL NEIGHBORHOODS. AND THERE'S CURRENTLY ONE OTHER TYPE TWO PERMIT ISSUED DOWN THE STREET. UM, ACTUALLY TWO HOUSES DOWN, UH, FROM THE PROPERTY. AND THIS IS THE ONLY OTHER TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE. UH, THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW FOR THE OPERATION OF ONE TYPE TWO SHORT-TERM RENTAL UNIT IN ADDITION TO THE ONE CURRENTLY PERMITTED. UM, THIS IS THE SUBJECT PROPERTY IN THAT NEIGHBORHOOD. UH, THIS IS THE SITE PLAN FOR WHAT'S EXISTING THERE AND THIS IS THE SUBJECT PROPERTY. AND THE NEXT FEW SLIDES WILL BE THE SURROUNDING AREA. UH, THIS IS THE CURRENT STATE OF THE DRIVEWAY APRON, OH, SORRY, GO BACK. ONE. THE STAFF RECOMMENDS DENIAL OF BO O A 22 DASH OH 3 0 0 5 3 BASED ON THE FOLLOWING FINDINGS OF FACT, THERE BEING CURRENTLY, UH, ONE OTHER ACTIVE TYPE TWO SHORT-TERM [00:40:01] RENTAL ON THE BLOCK FACE. UH, 40 NOTICES WERE MAILED OUT, ZERO RETURN AND OPPOSITION, UH, ZERO RETURN IN FAVOR. THERE WAS NO RESPONSE FROM THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION. ALL RIGHT, THANK YOU. APPLICANT IS HERE. QUESTION FOR STAFF. UH, WE HAVE A QUESTION FOR STAFF. UH, COMMISSIONER THIEL, WHAT'S THE CURRENT PERCENTAGE OF, UH, TYPE TWO S D R ON THIS BLOCK FACE AND WHAT WOULD IT BE IF WE WERE TO APPROVE, UH, ONE ADDITIONAL? UM, I BELIEVE THOSE IN THE STAFF REPORT. SO THERE'S NINE TOTAL UNITS, SO BY ALLOWING THE SECOND ONE, THAT WOULD PUT IT AT 22.2%. THANK YOU. OKAY. I, HOLD ON, WE HAVE A COUPLE MORE QUESTIONS. COMMISSIONER KAPLAN. MS. KAPLAN, CAN YOU USE YOUR MIC PLEASE? UH, ON YOUR, ON YOUR DEVELOPED LOT SUBJECT PROPERTY MAP? I JUST DON'T UNDERSTAND, THERE'S NO KEY TO WHAT THOSE BALLOONS THAT ARE KIND OF RED AND BLUE, WHAT DOES THAT MEAN? SO THE RED ARE THE TYPE TWO SHORT-TERM RENTALS IN THAT AREA, AND THE BLUE ONES ARE TYPE ONE RENTALS. THANK YOU. YEAH. AND THEN I HAVE A QUESTION. OKAY. SO THEY HAVE A, THEY HAVE A DRIVEWAY ON MONUMENTAL AND THE PORCH IS OPEN TO MONUMENTAL. AND IF THIS APPLICANT WERE TO GET THEIR ADDRESS TO A MONUMENTAL ADDRESS, THEY'D BE ALLOWED TO DO A TYPE TO S T R OUTRIGHT, RIGHT? UH, CORRECT. OKAY. THANK YOU. ALL RIGHT. LET'S HEAR FROM THE APPLICANT. UM, PLEASE STATE YOUR NAME AND PLEASE. GOOD AFTERNOON, PLEASE. LEONARD TRINIDAD. UH, SO, UH, I'M ACTUALLY, I LIVE IN THE HOUSTON AREA. UH, I STARTED WORKING IN SAN ANTONIO ABOUT A YEAR AND A HALF AGO. UH, I WAS BASICALLY LIVING IN A HOTEL 'CAUSE I, I DRIVE IN ONCE A WEEK FOR WORK AND, UH, I GOT SICK AFTER A YEAR LIVING IN A HOTEL. UM, SO WE DECIDED TO BUY A HOUSE, UM, JUST SO I HAD SOMEWHERE TO STAY. BUT THE TRUTH IS, I'M ONLY HERE TWO OR THREE NIGHTS A WEEK, JUST DEPENDING ON MY WORK SCHEDULE. UH, SO WE HAD THE IDEA OF, YOU KNOW, LET'S TRY AN AIRBNB. UM, SHOPPED A BUNCH OF HOUSES. A LOT OF 'EM ENDED UP NOT SELLING TO US 'CAUSE THEY FOUND OUT WE WERE GONNA DO AN AIRBNB AND THEY TURNED AROUND AND MADE IT AN AIRBNB. UH, SO WE KIND OF KEPT OUR MOUTH SHUT ON THE LAST ONE, , UH, THEY SOLD IT TO US. UM, AND WE STARTED, YOU KNOW, DECORATING IT AND MAKING SOME IMPROVEMENTS, UM, WHILE THE APPLICATION WAS, YOU KNOW, BEING PROCESSED. AND, UM, THEN ONCE WE GOT THE DOWN AISLE, WE JUST KIND OF STOPPED AND WE JUST KIND OF WAITED JUST UNTIL WE KIND OF FIGURED THIS OUT. SO, UM, I USUALLY COME IN TUESDAY MORNINGS, UM, AFTER I DROP MY DAUGHTER OFF. I DRIVE IN FROM HOUSTON. UM, I'M USUALLY HERE TWO NIGHTS A WEEK. I'M GONE BY THURSDAY MIDDAY. UM, SO THE, THE TIME IT WOULD BE USED WOULD BE FRIDAY, SATURDAYS, SUNDAYS, TYPICALLY. OKAY. UH, STA IS THERE ANYTHING ELSE, SIR? UH, NO, NOT AT ALL. I KNOW IT WAS A QUESTION ABOUT, UH, IF THERE WAS PAR PRIVATE PARKING IN THERE AND, UM, FROM THAT GATE YOU COULD SEE THE SIDE THAT DOES OPEN UP WHERE PRIVATE PARKING'S AVAILABLE. UM, AND THEN ON THE, THE PLOT YOU COULD SEE WHERE IT SHOWS A, A PAVED CONCRETE PAD. UM, SO THAT'S BEEN TAKEN CARE OF AS WELL, UM, SINCE WE'VE MOVED IN. UM, YOU KNOW, JUST COMPARING TO THE NEIGHBORHOOD AND WE KNOW THERE'S A LOT GOING ON THERE. UM, YOU KNOW, WE HAVE REGULAR LAWN SERVICE, YOU KNOW, WE'VE BEEN DOING FERTILIZATION, WE'VE BEEN DOING UPKEEP OF THE HOUSE PLANTS, DECORATING. UM, SO, YOU KNOW, WE'RE, WE'RE ESPECIALLY IN THAT AREA OF TOWN, WE'RE, WE'RE REALLY MAKING THE HOUSE NICE THERE TO, TO HELP OUT WITH THE COMMUNITY. ALL RIGHT. THAT'S IT. THANK YOU. ARE THERE ANY COMMISSIONER QUESTIONS? ALBERT? COMMISSIONER ALBERT, UM, IF I UNDERSTAND CORRECTLY, YOU LIVE IN THIS HOME EXCEPT ON THE WEEKENDS? CORRECT. AND WHEN YOU PUT IN THE APPLICATION OR WHEN YOU PURCHASED THE HOME MM-HMM. , UM, UH, DID YOU PURCHASE IT, UH, WITH THE INTENT YOU SAID OF EVENTUALLY MAYBE BEING ABLE TO OPEN A, B AND B? UM, UH, EVENTUALLY WE KNEW IT WASN'T GONNA HAPPEN RIGHT AWAY BECAUSE WE FIGURED IT'D HAVE TO BE A LITTLE BIT OF WORK DONE TO IT. SO ONCE WE KIND OF GOT THROUGH THE DECORATING AND ALL THAT KINDA STUFF, THEN YES. AND AT THAT TIME WERE YOU AWARE OF THE LIMITS? UH, ON THE BLOCK FACE? I WAS NOT AWARE OF THE LIMITS. UM, JUST BECAUSE LIKE I SAID, SOME OF 'EM WE HAD, THEY ENDED UP PULLING IT AND MAKING AIRBNBS AND THEY HAD QUICK TURNAROUND TIMES WE'RE LIKE, OH, OKAY. SO THEY JUST GO IN AND FILL OUT SOMETHING AND IT GETS TURNED INTO AN AIRBNB AND THEN WE FOUND OUT ABOUT THE APPLICATION PROCESS. OKAY. AND A QUESTION FOR STAFF, UH, IF HE LIVES IN THIS HOME, UH, AND IT'S HIS PRIMARY RESIDENCE IN SAN ANTONIO, UH, WOULD IT BE A TYPE ONE? YES. IF, IF HE RESIDES ON THE PROPERTY AND IS RENTING IT OUT CONCURRENTLY, THEN YES. THAT THAT QUALIFIES FOR A TYPE ONE PERMIT. NOW WE, WE, I DON'T, SO I WILL BE GONE. 'CAUSE AT LEAST WHAT WAS TOLD TO ME, IT'S NOT A TYPE ONE BECAUSE I'M NOT THERE WHILE THE GUESTS ARE THERE, SIR, THAT, THAT THAT'S WHAT WAS EXPRESSED. YOU HAVE TO BE AT THE SAME TIME AS YOUR GUESTS. YEAH. SO I'M NOT THERE AT THE SAME TIME AS THE GUESTS. YEAH. BE A TYPE TWO. IT'S, YEAH, I'M GONE TYPE 'CAUSE YOU'RE NOT HOSTING THEM, CORRECT? YEAH. YOU'RE NOT MAKING 'EM BREAKFAST IN THE MORNING? NO, NOT AT ALL. YEP. , [00:45:01] IT'S A TWO BEDROOM HOUSE WITH THE ONE BATHROOM. I'M NOT SHARING ANYTHING WITH ANYBODY, SO THAT'S CORRECT. THEN STEPH, THE, THE OWNER AND THE RENTER HAVE TO BE THERE AT THE SAME TIME? THAT'S CORRECT. THANK YOU. OKAY, SO I HAVE A QUESTION. THE, THE HOUSE AT THE, AT THE OPPOSITE CORNER OF PINE IS ADDRESSED OFF A PINE. AND SO WHEN YOU'RE COUNTING IT, YOU'RE NOT COUNTING THE VACANT LOTS THAT ARE THERE, CORRECT? NO, WE ARE LOOKING AT THE DWELLING UNITS ON THE BLOCK FACE. OKAY. BECAUSE THERE'S, I MEAN, WITH THE CORONER, HE WOULD BE ALLOWED TO HAVE TWO IF THEY WERE ALL DEVELOPED, IF THAT CORNER WAS ADDRESSED CORRECTLY. AND THAT'S WHY I POINTED OUT, IF YOU CHANGE YOUR ADDRESS TO MONUMENTAL, YOU WOULD BE ALLOWED TO DO THIS, YOU WOULDN'T HAVE TO COME HERE. HMM. JUST, AND IT APPEARS THAT'S WHAT THE NEIGHBOR DID AT PINE AND PAUL, YOU KNOW, THEIR ADDRESS IS OFF OF PINE AND THERE'S ONLY TWO HOMES ON THAT BLOCK FACE. AND SO THAT'S, AND AND THEN YOU HAVE FOUR, AT LEAST FOUR VACANT LOTS. I MEAN, SO, YOU KNOW MM-HMM. , IF EVERY SINGLE PROPERTY THAT FRONTED PAUL, UH, HAD A HOUSE THERE, THEN IN THEORY YOU WOULDN'T HAVE TO BE MM. OKAY. AND THEY WERE ALL ADDRESSED OFF OF PAUL, SO THERE'S SOME, YOU KNOW GOTCHA. DANCING AROUND THE CODE ON THAT. YEAH. BUT, UH, OKAY. BUT IF THAT'S WHY WE HAVE TO GO OUT, I'LL DO WHATEVER I NEED TO DO . RIGHT. SO IS THERE ANY OTHER QUESTIONS? NO. ALL RIGHT. SO WITH THAT SORT OF, IF THERE'S ANYTHING ELSE YOU'D LIKE TO ADD BEFORE WE, UH, ASK FOR A MOTION? UH, NO THAT, THAT'S IT. ALRIGHT. THANK YOU. THANK YOU. UM, I'M LOOKING FOR A MOTION TE COMMISSIONER TE REGARDING CASE NUMBER BOA DASH 22 DASH 0 3 5 3. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT SPECIAL EXCEPTION TO ALLOW ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 1 5 1 PAUL STREET, APPLICANT BEING LEONARD TRINIDAD. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE ONE ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY OR WELFARE. THERE IS NOTHING OBVIOUS THAT THIS, THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS ADDRESS. B THE SPECIAL EXCEPTION DOES NOT CREATE PUBLIC NUISANCE. THE BOARD FINDS THAT THERE ARE A TOTAL OF NINE RESIDENTIAL UNITS ON THE BLOCK FACE, AND THE SPECIAL EXCEPTION WOULD PERMIT A TOTAL OF TWO TYPE TWO SHORT-TERM RENTALS RESULTING IN 22 POINT 0.2% OF THE BLOCK FACE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF THESE PERMITS WERE APPROVED. C THE NEIGHBORING PROPERTY WILL NOT SUBSTANTIALLY IN, EXCUSE ME, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES. THERE'S NO REASON TO BELIEVE THAT THE ADDITIONAL ADDITION OF A SHORT-TERM RENTAL UNIT WILL SUBSTANTIALLY INJURE THE NEIGHBORING PROPERTY. D ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACULTIES HAVE BEEN OR ARE BEING PROVIDED. SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR THE OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. CONFIRMED CITATIONS OR ADJU ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION. THE APPLICANT 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 A SINGLE FA FAMILY RESIDENTIAL NEIGHBORHOOD WITH A PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION IN WHICH THE PROPERTY IS SEEKING. THE SPECIAL EXCEPTION END OF MOTION. IS THERE A SECOND? SECOND. COMMISSIONER KAPLAN HAS A SECOND COMMISSIONER. TE UH, I'LL BE IN SUPPORT OF THIS. UH, NAMELY FOR THE REASONS THAT YOU'VE STATED, UM, YOU KNOW, CODE HACKING AND POSSIBLY JUST DRESSING. THIS JUST MAKES IT MUCH MORE SIMPLE. ALSO, UH, THE NATURE OF THIS AIRBNB IS SIGNIFICANTLY DIFFERENT THAN SOME OTHER ONES AS YOU WILL BE RESIDING ON THE PROPERTY AND THEIR WEEKLY. UH, SO I WILL BE IN SUPPORT COMMISSIONER KAPLAN. I UNFORTUNATELY WILL NOT BE IN SUPPORT BECAUSE THERE ARE JUST TOO MANY OF THESE SHORT-TERM RENTALS IN THIS NEIGHBORHOOD. AND IT'S WHAT IS 22% DID YOU SAY? ON THE BLOCK FACE? AND THE AVERAGE MUST BE 12. WHAT'S THE AVERAGE? THE, THE DENSITY LIMIT IS 12.5%. 12.5. SO IT'S ALREADY DOUBLE WHAT IT SHOULD BE OF ZUNA COMMISSIONER ZUNA? YEAH, I'M GONNA BE IN SUPPORT. I MEAN, THE FACT IS THAT WE HAVE FOUR VACANT LOTS ON THE BLACK BLOCK FACE AND HAD THERE BEEN RESIDENCES ON THOSE BLOCK FACES, YOU WOULD'VE EASILY MET THAT REQUIREMENT. ALSO, THERE'S AN ABILITY FOR HIM TO, I MEAN, CLEARLY JUST CHANGING THE ADDRESS WILL BE, BE ABLE TO COMPLY WITH IT. SO, I MEAN, IT [00:50:01] IS WHAT IT IS, BUT I'LL, I'M SUPPORTING THE MOTION. I'M GONNA ADD THAT, UH, I'M IN SUPPORT. AND, AND IN ADDITION TO THE REASONS PREVIOUSLY STATED, IF YOU WERE TO CHANGE YOUR ADDRESS AND THOSE OTHER LOTS WERE TO BE BUILT OUT, IT DOESN'T LOOK AS BAD AS SOMEONE ELSE IN THE BLOCK WANTED TO COME FORWARD. MM-HMM. BUT IF WE WERE TO GRANT IT WITH YOUR ADDRESS ON PAUL, IT WOULD REALLY BE A DETERRENT FOR FUTURE PEOPLE. 'CAUSE THE PERCENTAGE WOULD BE WAY HIGHER. MM-HMM. . UH, ALSO YOUR DRIVEWAY IS LOCATED OFF OF MONUMENTAL, YOUR PORCHES OPENED UP TO MONUMENTAL YOU, YOU DON'T HAVE THE, THE, THAT FRONTAGE PERCEPTION THAT THE OTHER HOMES HAVE. AND, UH, I I JUST, THIS ONE JUST DOESN'T BOTHER ME. AND SO, UM, ANY SWAY THERE, COMMISSIONER, CAPTAIN? AND, AND JUST TO MAKE NOTE TOO, THERE ARE, THERE'S ONE, TWO DOORS DOWN. IT DOESN'T REALLY MATTER WHAT THE, THE ADDRESSES. THERE'S, THERE'S ONE, TWO DOORS DOWN. UH, CAN WE GO BACK TO THE MAP WITH THE, UM, YEAH, THE SUBJECT PATH. UH, THERE'S ONE, TWO DOORS DOWN. THERE'S ONE JUST DOWN THE BLOCK. UM, THERE'S, I MEAN THERE'S THIS, THIS NEIGHBORHOOD IS REALLY DENSE WITH, UM, THESE KINDS OF SHORT-TERM RENTALS. AND IF I WERE A COMMI A PERSON WHO LIVED IN THIS COMMUNITY, I WOULD BE VERY UPSET. OKAY. IS THERE ANYONE ELSE THAT'S OPPOSED TO THIS? YES. YES. OKAY. SO YOU'VE, YOU'VE HEARD, UH, THAT, THAT OPINION. SO WITH THAT, UH, LET'S TAKE A ROLL CALL VOTE. MR. THI YES, I CONCUR. MS. KAPLAN, I DO NOT CONCUR. MR. ALBERT. I DO NOT CONCUR. I MS. LIND, I DO NOT CONCUR. MS. CRUZ? YES, I CONCUR. MR. MENA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MR. OZUNA, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION FAILS FIVE TO FOUR. UH, YOU CAN GET WITH STAFF, THEY CAN TALK TO YOU ABOUT YOUR OPTIONS OF WHAT TO DO MOVING FORWARD. OKAY? PERFECT. ALL RIGHT. THANK YOU VERY MUCH. THANK YOU. MM-HMM. . ALL RIGHT. NEXT CASE ITEM NUMBER SEVEN. JUST AS A REMINDER, UH, YOU ONLY ONE, YOU NEED ALL NINE OF US TO VOTE IN THE AFFIRMATIVE. SO IF ANYBODY WOULD LIKE A CONTINUANCE TO WHERE THERE'S MORE MEMBERS SEATED, IT'S JUST ASK ITEM NUMBER SEVEN. IS BO O A 22 DASH 1 0 3 0 0 5 9, UH, ADDRESSED AT 1 32 CARNAHAN STREET IN COUNCIL DISTRICT TWO TWO. UH, THE APPLICANT IS TRACY SHELL AND IT'S FOR A, UH, REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL, UH, ON THE BLOCK FACE. UH, THE ZONING IS I D Z, UH, INFILL DEVELOPMENT ZONE DISTRICT WITH USES PERMITTED IN RMM FOUR. UH, THE SUBJECT PROPERTIES GENERALLY LOCATED ON THE CORNER OF CARNAHAN STREET IN CATA, UH, CATALPA AVENUE, UH, INSIDE A SINGLE FAMILY TOWN HOME SUBDIVISION SURROUNDING USES CONSISTS OF TOWN HOMES, RESTAURANTS, AND PARKLAND. UH, THERE'S CURRENTLY ONE OTHER TYPE TWO SHORT-TERM RENTAL PERMIT, UH, ISSUED DOWN THE STREET FROM THE SUBJECT PROPERTY. AND THIS IS THE ONLY TYPE TWO SHORT-TERM RENTAL FOR THAT BLOCK FACE. UH, THE APPLICANT IS SEEKING SPECIAL EXCEPTION TO ALLOW FOR ONE ADDITIONAL, UH, SHORT-TERM RENTAL UNIT IN ADDITION TO THE OTHER ONE CURRENTLY PERMITTED ON THE BLOCK FACE. UH, THIS IS THE DEVELOPED PROPERTY AND YOU CAN SEE THE OTHER SHORT-TERM RENTALS THAT ARE ISSUED ON, UH, CARNAHAN STREET AND CATALPA. UM, THOSE ARE ACTUALLY WITHIN THE SAME DEVELOPMENT. UH, THIS IS THE FLOOR PLAN THAT WAS PROVIDED AS PART OF THE SHORT-TERM RENTAL APPLICATION. AND THIS IS THE SUBJECT PROPERTY. AND THE NEXT FEW SLIDES WILL BE THE, UM, THE ADJACENT PROPERTIES. AND THEN THIS IS THE PROVIDED COVERED PARKING FOR THE APPLICATION. UH, STAFF RECOMMENDS DENIAL, UH, OF B O A 22 DASH 1 0 3 0 0 0 5 9. OOPS. I THINK IT SAYS FIVE THREE ON THERE. UM, THESE WERE THE NOTICES THAT WERE MAILED OUT. ONE, UH, NONE WERE RETURNED IN FAVOR, UH, ONE IN OPPOSITION AND THE MACKEY PARK, UH, NEIGHBORHOOD ASSOCIATION IS OPPOSED. AND THE APPLICANT IS PRESENT AND I CAN ANSWER ANY QUESTIONS. GREAT. THANK YOU. HI, IF YOU COULD JUST LET US KNOW YOUR NAME AND BEGIN YOUR PRESENTATION. MY NAME IS TRACY CHEL. EXCUSE ME. UM, THERE ACTUALLY WERE WERE MAILED IN FAVOR, SO I'M NOT SURE WHY THEY'RE NOT SHOWING THERE. UM, BASICALLY I BOUGHT THIS, I LIVE IN MEDINA, TEXAS. I OWN A DAIRY GOAT RANCH. AND SO I BOUGHT THIS AS A SECOND HOME, KIND OF A GETAWAY. AND WHAT I WANTED TO DO IS HAVE IT AS A OCCASIONAL SHORT-TERM RENTAL. AND THE REASON I'M APPLYING IS I WANT THIS TO BE LEGAL BECAUSE THERE ARE [00:55:01] ACTUALLY SEVERAL UNITS IN THERE THAT ARE ON AIR AIRBNB THAT ARE NOT LICENSED S T R, WHICH IS NOT GOOD. UM, AND SO I WANNA PAY, YOU KNOW, FAIR TAXES, HOT FEES, ANYTHING ELSE NEEDED. UM, I DO PLAN TO OBVIOUSLY TAKE A DEPRECIATION DEDUCTION ON MY TAX RETURN, WHICH OFFSETS THE FARM EXPENSES. UM, I VISIT THE UNIT PROBABLY ABOUT EVERY MAYBE TWO TO THREE WEEKS. WHAT I WAS INTENDING TO DO IS TO HAVE IT AS A COUPLE'S RETREAT. SO BASICALLY BE TWO PEOPLE, NO PETS, NO CHILDREN. AND I HAVE IT DECORATED IN ANTIQUES AND FINE FURNITURE FROM MY MOTHER AND GRANDMOTHER AND NO FLAT SCREEN TV AND NOT EVEN ANY, UM, INTERNET. I WANTED IT FOR PEOPLE WHO WANTED COME TO VISIT SAN ANTONIO. I USED TO LIVE DOWNTOWN ON HOWARD STREET AND I LOVE SAN ANTONIO DOWNTOWN. AND SO I JUST WANTED TO HAVE IT AVAILABLE OCCASIONALLY THAT PEOPLE CAN ENJOY IT THE SAME WAY I ENJOY IT. AND ALSO I DON'T PLAN TO HAVE IT AVAILABLE ON THE HOLIDAYS SUCH AS FIESTA OR 4TH OF JULY OR NEW YEAR'S OR ANY TYPE OF PARTY EVENTS IN SAN ANTONIO. SO I WOULD DEFINITELY BLOCK THOSE OUT. AND ALSO AS THE, AS BEING PART OF AIRBNB, WE HAVE THE OPTION TO APPROVE OR DISAPPROVE OF ANYBODY WHO WANTS TO RENT AT. SO I WOULD BE EXTREMELY SELECTIVE BECAUSE LIKE I SAY, IT'S DECORATED WITH ANTIQUES AND FINE FURNITURE AND UM, I JUST WANT SOMEBODY TO HAVE THE OPPORTUNITY ENJOY THE ZOO AND THE BOTANICAL GARDENS AND THE OTHER NICE AMENITIES THAT WE HAVE NEARBY. OKAY. UH, IF YOU COULD JUST GIVE US ONE SECOND. STAFF. IS THERE ANYONE CENTERED TO SPEAK OR ANY UH, VOICEMAILS? WE DO HAVE ONE VOICEMAIL TO PLAY. OKAY. WHAT WE'RE GONNA DO IS HEAR A VOICEMAIL AND THEN WE'LL OPEN THIS UP TO QUESTIONS. OKAY. ALRIGHT, GO AHEAD. YES. THIS IS IN REFERENCE TO CASE NUMBER 0 5 9, WHICH IS MEETING TODAY AT 1:00 PM MY NAME IS BETTY CHUY AND MY HUSBAND AND I ARE OWNERS OF UNIT 1 34 CARNAHAN AND 1 26 CARNAHAN. AND WE ARE JUST RESPONDING TO THE BOARD OF ADJUSTMENT REQUEST. WE ARE BOTH OKAY WITH THE, UM, CHANGE TO ALLOW ADDITIONAL TYPE TWO SS T R ON THE BLOCK. UM, 1 32 IS RIGHT DIRECTLY NEXT TO OUR UNIT AND WE DON'T HAVE A PROBLEM WITH IT. UH, YOU CAN REACH ME AT 2 1 0 8 4 9 9 7 6 8 OR YOU CAN REACH MY HUSBAND AT 2 1 0 7 4 4 2 4 5 8. PLEASE LET ME KNOW IF YOU HAVE ANY QUESTIONS. THANK YOU. ALL RIGHT. SO WITH THAT, ARE THERE ANY COMMISSIONER QUESTIONS FOR THIS APPLICANT? UM, I HAVE ONE OTHER QUESTION. IS IT POSSIBLE TO KNOW WHICH UNIT'S IN OPPOSITION, BECAUSE THAT COULD VERY WELL BE A UNIT THAT'S ON AIRBNB. THAT'S, THERE'S A MAP, MAP ON THE, THAT RED X IS A LOCATION OF OH. OH, I SEE. OKAY. SO, UH, ANY QUESTIONS COMMISSIONER MANNA? NOPE. WELL, I HAVE A QUESTION. UM, IT LOOKS LIKE YOUR, YOUR BLOCK FACE HAS A, A RESTAURANT AND THEN THERE'S FIVE TOTAL UNITS, BUT THIS, BUT THIS, UH, THIS, THIS, UH, UM, SET OF CONDOS, THERE'S A TOTAL OF NINE. IS THERE 10? UM, NO, THERE'S NINE. SO MY BUILDING HAS FIVE UNITS AND THE TWO ON THE END, AS SHE MENTIONED, ARE RENTAL UNITS. THE ONE NEXT, THE TWO DOORS DOWN IS A LEGAL S T R TWO. THE ONE IN THE MIDDLE IS CURRENTLY A SHORT-TERM RENTAL, UH, WHICH HIS TENANT IS LEAVING IN JUNE. SO I DON'T KNOW IF HE'S PLANNING TO DO AIRBNB. AND THE OTHER LEGAL AIRBNB IS 1 45 KAPA. OKAY. AND THAT'S FOUR BUILDINGS. AND I DO ALSO HAVE OWN A COVERED PARKING SPACE, SO THERE WOULD BE NO, UH, STREET PARKING AT ALL. SO YOU HAVE, UH, IS THERE A GARAGE AT THIS UNIT? IT'S, IT'S COVERED PARKING, BUT WE ACTUALLY OWN, I CAN SEE THAT, BUT I WAS, IT LOOKS LIKE YOU HAVE NINE COVERED PARKING SPACES AND THERE'S NINE UNITS TOTAL. RIGHT, RIGHT. SO THAT'S ONE PER UNIT. RIGHT, EXACTLY. OKAY. SO, SO ONE OF THE, ONE OF THE, THE FEARS THAT, NOT FEARS, BUT ONE OF THE ISSUES WITH THE TYPE TWO S D R IS WHEN YOU HAVE MULTIPLE PEOPLE THERE WITH MULTIPLE VEHICLES, IT TAKES AWAY FROM THE PARKING. I, I WOULD NOT RENT IT OUT THAT WAY, BUT THERE'S NO WAY, THERE'S NO WAY FOR US TO RESTRICT THAT. THAT'S THE, I'M JUST TELLING YOU WHAT SOME OF THE CONCERNS ARE WITH TYPE TWO STR. OKAY. UM, BUT I JUST WANTED TO MAKE SURE THAT THERE WERE, UH, NINE SPACES AND NINE COVER UNITS AND THERE'S NO ROOM FOR ANY ADDITIONAL SPACES BECAUSE THE AREA BETWEEN THE BUILDING AND THE LAST COVERED PARKING SPACE, IS THAT A THROUGHWAY [01:00:01] TO GET TO THE RESTAURANT, AN ACCESS WAY TO GET TO THAT RESTAURANT? OR IS IT IT'S FENCED OFF. IT'S FENCED OFF, YEAH. BUT THERE ACTUALLY ARE A COUPLE OF, UM, SPACES, BASICALLY, IF YOU SEE WHERE THAT L SHAPE IS, WHERE 1 34 IS MM-HMM. , THAT ACTUALLY CAN BE A PARKING SPACE THAT DOES NOT OBSTRUCT ANYBODY. AND ALSO ON THE OTHER SIDE OF THE, UM, COVERED PARKING. AND DOES, ARE, ARE YOU ALLOWED TO PARK IN THE STREET OUT IN FRONT OF THE UNITS YOU'RE ALLOWED TO? YES. OKAY. MM-HMM. . AND HOW MANY CARS DO YOU THINK YOU COULD FIT THERE ON, ON EITHER SIDE OF THAT BLOCK, ? UM, A LOT. PROBABLY A GOOD FOUR OR FIVE. ALRIGHT. UH, I WOULD SAY, AND A LOT ACROSS THE STREET IS VACANT, AS YOU CAN SEE RIGHT THERE. AND THE OWNER OF YOUR UNIT IS, IS YOURSELF PERSONALLY NOT A CORPORATE? IT, IT IS, YES. IT'S ME PERSONALLY. YEAH. I BRING THAT UP BECAUSE IF YOU WERE TO EVER SELL IT, IF YOU WERE, THIS WERE TO BE GRAND AND YOU WERE GETTING A PERMIT, IF YOU WERE TO SELL IT MM-HMM. , THEN THE SDR R WOULD GO AWAY. THAT'S WHAT I WOULD PROBABLY FIGURE. SO I, I JUST WANTED TO MAKE SURE THAT IT WASN'T A CORPORATION THAT OWNED IT. OKAY. IT WAS INDIVIDUAL OR IF YOU SELL IT, SOLD IT TO A CORPORATION, . SO. OKAY. SO THAT'S, THAT'S MY QUESTIONS. ANY OTHER QUESTIONS? UH, HEARING NONE. I'M LOOKING FOR A MOTION DEAL COMMISSIONER DEAL. REGARDING CASE NUMBER BO A DASH 22 DASH 3 5 9. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW ONE TYPE TWO SHORTTERM RENTAL UNIT SITUATED AT 1 3 2 CARNAHAN STREET, APPLICANT BEING TRACY CHEL. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE ONE ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE. THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS ADDRESS. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THE BOARD FINDS THAT THERE ARE A TOTAL OF FIVE RESIDENTIAL UNITS ON THE BLOCK FACE, AND THE SPECIAL EXCEPTION WOULD PERMIT A TOTAL OF TWO TYPE TWO SHORT-TERM RENTALS RESULTING IN 40% OF THE BLOCK FACE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF THESE PERMITS WERE APPROVED. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH A PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES. THERE'S NO REASON TO BELIEVE THAT THE ADDITION OF A SHORT-TERM RENTAL UNIT 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 IN OPEN SPACE. E THE APPLICANT OR THE OWNER FOR THE COMMERCIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES, CONFIRMS CITATIONS OR A ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION. THE APPLICA, THE APPLICANT DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 F. THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE SUBJECT PROPERTY IS LOCATED IN A SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD WITH SUR SURROUNDING COMMERCIAL USES THAT ARE CONDUCIVE TO THE OPERATION OF A SHORT-TERM RENTAL WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION. END OF MOTION. SECOND. SECOND BY COMMISSIONER ZUNA. COMMISSIONER THIEL. UM, I'LL BE IN SUPPORT OF THIS. THERE'S PLENTY OF PARKING OUT THERE. THERE'S A VACANT LOT DIRECTLY ACROSS THE STREET WITH, YOU COULD PROBABLY FIT 20 CARS IN. AND BECAUSE THE NEIGHBORS DIRECTLY ADJACENT TO THEM ARE IN SUPPORT, I WILL BE TOO. COMMISSIONER ZUNA, I'LL BE SUPPORT, UH, PARKING. AND THEN THIS IS, FEELS MORE LIKE A, A COMMERCIAL TYPE AS YOU GET CLOSER TO BROADWAY. UH, AND SO, YOU KNOW, IT'S, IT'S MORE OF A, OF A COMMERCIAL TYPE, UH, SURROUNDING PROPERTY USES, AND I THINK IT'S CONDUCIVE FOR, UH, THE SHORT-TERM RENTAL. ALL RIGHT. ANYONE ELSE ON THIS? UH, COMMISSIONER ALBERT? UH, I DO APPRECIATE YOU COMING, UH, BEFORE YOU STARTED THE B AND B AND, AND TRYING TO GET YOUR PERMITS AND EVERYTHING STRAIGHT, UH, WE SEE THAT'S NOT ALWAYS THE CASE. UM, I ALSO APPRECIATE YOUR, YOUR BUSINESS MODEL AND HOW YOU WOULD TRY TO KEEP THE FOOTPRINT AND EVERYTHING TO A MINIMUM. YES, SIR. INSTEAD OF LIKE, YOU KNOW, FOUR BEDS PER ROOM AND PACK 'EM IN AS SOMETIMES WE SEE, UH, HOWEVER, TIMING IS EVERYTHING AND THERE'S ALREADY, UH, ONE OUT OF FOUR ON THIS BLOCK FACE, AND THAT'S, THAT'S QUITE A BIT. THIS BLOCK IS PULLING ITS WHITE, UH, FOR ST ALREADY. AND, UH, SO FOR THAT REASON, I WON'T BE IN SUPPORT. ANYONE ELSE? WE'VE HEARD FROM THE MANKEY PARK, THE MANKEY PARK NEIGHBORHOOD ASSOCIATION IS OPPOSED TO THIS. AND [01:05:01] WE HAVE HEARD OTHER, UM, OTHER, UH, HEARINGS, UH, IN MANKEY PARK WHERE THEY'RE, THEY'RE VERY MUCH OPPOSED TO, UH, TURNING THEIR NEIGHBORHOOD INTO A HOTEL ZONE. SO I ALSO AM NOT FOR IT. OKAY. UH, ANYONE ELSE? HEARING NONE? UH, STAFF, PLEASE. SECOND A ROLL CALL VOTE. MR. THIEL? YES, I CONCUR. MR. OZUNA? YES, I CONCUR. MS. KAPLAN? I DO NOT CONCUR. MR. ALBERT. I DO NOT CONCUR. MR. LIND. I DO NOT CONCUR. MS. CRUZ? YES, I CONCUR. MR. MANNA, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. DELMER, I CONCUR. CHAIR ORIAN AND I CONCUR. UH, MOTION FAILS FIVE TO FOUR. UH, IF YOU COULD PLEASE GET WITH STAFF, THEY'LL TALK TO YOU ABOUT WHAT TO DO NEXT. OKAY? ALRIGHT, THANK YOU. YES, I'D LIKE TO FIND OUT WHERE TO REPORT THE ILLEGAL . YES. THANK YOU. ALL RIGHT, NEXT ITEM EIGHT. GOOD AFTERNOON, B O A DASH 22 1 0 3 0 0 4 9. ADDRESS IS 1 3 0 3 WAVERLEY COUNCIL DISTRICT SEVEN A REQUEST FOR A FIVE FOOT SIX INCH VARIANCE FROM THE WOODLAWN LAKE NEIGHBORHOOD CONSERVATION DISTRICT. DESIGN REGULATIONS OF FRONT FACADE WITH THE 50 FEET TO ALLOW A FRONT FACADE TO BE 55 FEET SIX INCHES WIDE. APPLICANT IS MATTHEW HALANKA. ZONING IS R FOUR N C D EIGHT CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED AT 1 3 0 3 WAVERLEY AVENUE, AND THIS IS A RESIDENTIAL PROPERTY IN ADDITION OF A FRONT PORCH EXCEEDING THE FRONT FACADE OF A, THE MAXIMUM N C D EIGHT REQUIREMENTS. IT'S SITE PLAN, THE SUBJECT PROPERTY, SUBJECT PROPERTY SURROUNDING AREAS. STAFF RECOMMENDS APPROVAL IN BO O A 22 1 0 3 0 0 4 9 BASED ON THE FOLLOWING FINDINGS OF FACT, THE A HUNDRED FOOT WIDTH OF THE LOT EXCEEDS THE TYPICAL LOT WIDTH FOR THE AREA. THE PROPOSED FRONT PORCH WILL EXCEED THE FACADE WIDTH BY FIVE FOOT SIX INCHES, AND THE PROPOSED FRONT PORCH WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AS NC D EIGHT STATES FRONT PORCHES LEND TO THE QUALITY AND CHARACTER OF THE PRINCIPAL STRUCTURE AND STREET SCAPE NOTIFICATION. PLAN, 24 NOTICES WERE MAILED, ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE WOODLAWN LAKE COMMUNITY ASSOCIATION. THIS, UH, CONCLUDES STAFF PRESENTATION AND APPLICANT IS AVAILABLE. ALL RIGHT. THANK YOU VERY MUCH. MM-HMM. , UH, IS APPLICANT PRESENT? YES. HELLO. ALL RIGHT. JUST LET US KNOW YOUR NAME AND YOU CAN BEGIN YOUR PRESENTATION. MY NAME IS MATTHEW LKA. I'M ACTUALLY, UM, HERE ON BEHALF OF THE PROPERTY OWNERS. UM, I'M THE ARCHITECT. UM, AND YEAH, AS OUR, I GUESS, REPRESENTATIVE STATE OF, WE'RE LOOKING FOR RELIEF FROM THE N C D EIGHT REQUIREMENTS. UM, AND I THINK RIGHT OFF THE BAT, IF WE TAKE A LOOK AT, UM, YEAH, THAT SLIDE RIGHT THERE, KIND OF THE, THE DEFINITIONS THAT, UM, CAN YOU PLEASE SPEAK INTO THE MIC WITH THE TRAIN? SORRY. IT'S HARD TO HEAR SOMETIMES. YEAH, TAKE THIS UP. UM, THE, OKAY. IS THAT BETTER? SO HERE WE SEE THE N C D EIGHT, UH, DESIGN STANDARDS, UM, AND, AND I THINK THERE MIGHT BE AN ARGUMENT TO BE MADE RIGHT OFF THE BAT WITH HOW THEY DESCRIBE THIS, UM, RULE. THE FRONT FAC FACING FACADE WITH THE PRIMARY DRAWING SHALL NOT EXCEED 50 FEET. UM, AND THEN IF WE SCROLL DOWN AND LOOK AT THE DEFINITION OF FACADE GIVEN IN THIS SAME DOCUMENT, IT STATES THAT THE FACADE IS THE EXTERIOR WALLS OF A BUILDING. AND IF WE FLIP TO OUR SITE PLAN, WE ARE IN FACT NOT PROPOSING TO ADD ANY ADDITIONAL WALL WIDTH TO THE EXISTING PROPERTY. UM, SO I, I THINK THERE'S MAYBE SOME KIND OF SEMANTIC ARGUMENT THAT COULD BE HAD HERE. BEYOND THAT, I THINK, UM, THE 100 FOOT WIDTH OF THE SUBJECT PROPERTY, UM, BEING DISTINCT FROM THE STANDARD OR KIND OF DEFAULT 75 FOOT WIDTH, UM, IS, IS WHERE WE'RE LOOKING FOR THE RELIEF. IN OTHER WORDS, IF WE'RE ONLY ALLOWED TO DEVELOP 50 FEET ON A 100 FOOT WIDTH LOT, IT SEEMS TO KIND OF UNFAIRLY PROHIBIT MY CLIENTS FROM DEVELOPING A SIMILAR PROPORTION OF THEIR, UM, 100 FOOT WIDE CORNER LOT. UM, WE DID ALSO, UM, NOT AN EXHAUSTIVE LIST BY ANY MEANS, BUT JUST DRIVING AROUND THE NEIGHBORHOOD [01:10:01] AND ON THE ADJACENT FEW BLOCKS, WE DID NOTE, UH, I GUESS I'VE GOT A LIST HERE OF ABOUT EIGHT OR 10, UM, HOUSES THAT DO HAVE WRAPAROUND CORNER PORCHES. UM, I DON'T KNOW IF IT'S WORTH READING OFF THE LIST, BUT, UM, I THINK THAT'S, UM, THE GIST OF OUR REQUEST. OKAY. UH, STAFF, IS THERE ANYONE SIGNED UP TO SPEAK OR ANY VOICEMAILS? NO. OKAY. SO, UM, DID WE HEAR FROM THE NEIGHBOR ASSOCIATION? NO, THERE'S NO RESPONSE FROM THEM. OKAY. ALRIGHT. IS THERE ANY COMMISSIONER QUESTIONS? ALL RIGHT, WELL, I HAVE A QUESTION. UH, QUICK QUESTION. UH, HOW HIGH ARE THE, WHAT, WHAT BEING DEFINED AS WALLS FOR YOUR PORCH? AND WE'RE TALKING ABOUT FOUR FEET, THREE FEET. UH, SO THERE'S, THERE WILL BE NO RAILING ON THE PORCH ITSELF. AND, AND WE ARE MAINTAINING THE EXISTING, UH, ROOF HEIGHT. I MEAN, WE'RE, WE'RE EXTENDING IT, BUT NOT ADDING ANY HEIGHT TO ANYTHING. SO IF I'M STANDING AT THE WRAPAROUND PORCH, IS THERE'S, THERE'S NOTHING THAT PENETRATES UP FROM THE, FROM THE FOUNDATION OF THE PORCH. THERE'S NOT GONNA BE BE A, IT, IT IS A COVERED, UM, PORCH SO THAT THE ROOF WILL, UM, EXTEND OVER THE PROPOSED ADDITION. IT'S, YOU'RE NOT GONNA HAVE LIKE A LITTLE SITTING LEDGE OR ANYTHING THAT GOES AROUND. I'M TRYING TO FIND OUT IF, IF THERE'S SOMETHING THAT, THAT WOULD BE DEFINED AS A WALL. BECAUSE IN THE DEFINITION THAT YOU BROUGHT UP, IT TALKED ABOUT WALLS THAT WERE NOT INSIDE OR PART OF THE BUILDING. AND I'M WONDERING, ARE YOU BUILDING ANY SORT OF A, THERE IS A PROPOSED KIND OF WOOD SCREEN LATTICE, UM, THAT WOULD GO KIND OF FULL HEIGHTS. THERE'S IMAGES OF THAT THAT WOULD YEAH, THAT'S WHAT I'M LOOKING FOR. I DIDN'T, UM, ON THE, THE DRAWING, THE P D F THAT I, YEAH, YOU HAVE AN ELEVATION DRAWING YOU CAN BRING UP. IF YOU KEEP GOING, I CAN WORK ON ADDING, UM, ADDING THAT TO THE FOLDER SO RICHARD CAN PULL IT UP. OKAY. YEAH, I THOUGHT I INCLUDED, I'M JUST CONCERNED THAT WHETHER OR NOT IT'S EVEN MEETS A DEFINITION OF WALLS IN THE N C D. THAT'S, THAT'S WHAT I WAS GETTING AT. RIGHT. AND STAFF, IS THAT SOMETHING THAT ZONING MAKES A DETERMINATION OF? UH, YES. STAFF DID INTERNALLY MEET AND, UM, THE SLATTED AREA WAS DEFINED AS A WALL. OKAY. ALRIGHT. SO IF THERE'S NOTHING ELSE YOU NO. ALL RIGHT. UM, ANYTHING YOU'D LIKE TO ADD CLOSING REMARKS BEFORE WE, UM, I GUESS SOME CONTEXT MIGHT BE HELPFUL. UH, I'VE LIVED IN, UM, BEACON HILL FOR THE LAST EIGHT YEARS, WHICH IS KIND OF SISTER MAYBE, UM, CONSERVATION DISTRICTS WITH, UH, WOODLAWN. UM, AND SO THEY HAVE SIMILAR CHARACTERISTICS. I'M CERTAINLY SENSITIVE TO THAT. UM, I LOVE WALKING AROUND THOSE NEIGHBORHOODS. I THINK THE WRAPAROUND PORCH IS QUINTESSENTIAL TO THOSE KIND OF NEIGHBORHOODS, SO I CERTAINLY DON'T BELIEVE THAT WE'RE PROPOSING SOMETHING THAT WOULD BE HARMFUL TO THE CHARACTER OF THE NEIGHBORHOOD. OKAY. I'M JUST WAITING FOR THAT ELEVATION TO POP UP. UH, COUPLES GO BACK UP. YEAH, THOSE ARE THE ELEVATIONS. OKAY. I SEE IT NOW. ALL RIGHT. THANK YOU. UH, IS COMMISSIONER, I'D LIKE TO MAKE A MOTION ON THIS ZUNA COMMISSIONER ZUNA REGARDING CASE NUMBER BO EIGHT DASH 22 DASH 0 3 0 4 9. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT TO REQUEST FOR A FIVE FOOT SIX INCH VARIANCE FROM THE WOODLAWN LAKE NEIGHBORHOOD CONSERVATION DISTRICT DESIGN REGULATIONS OF THE MAXIMUM 50 FOOT FRONT FACADE WITH TO ALLOW A FRONT FACADE TO BE 55 FEET SIX INCHES WIDE, SITUATED AT 1 3 0 3 WAVERLY AVENUE, APPLICANT BEING MATTHEW, UH, HAL VINCA VINCA VINCA. OKAY. 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 HAS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THAT VARIANCE DOES NOT CONTRARY TO THE PUBLIC INTEREST, THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE. THE PUBLIC, THE PROPOSED COVERED PORCH IS ATTACHED TO THE FRONT FACADE AND WILL EXCEED THE 50 FOOT MAXIMUM WIDTH BY FIVE FEET, SIX INCHES, WITH 63% OF THE HOMES TO THE WOOD ON LAKE N C D AREA, CONTAINING A FRONT PORCH AND VARIANCE DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST AS THEY, AS THEY ARE ADDING A FRONT PORCH. ELEMENT TWO, DUE TO THE SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WILL RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WILL RESULT IN AN APPLICANT NEEDING TO DECREASE THE WIDTH OF THE FRONT PORCH. A LITERAL ENFORCEMENT WILL RESULT IN UNNECESSARY HARDSHIP AS THIS LOT IS MUCH WIDER THAN THE OTHER LOTS IN THE AREA. THREE, BY GRANTED THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE SPIRIT OF THE N C D DESIGN STANDARDS ARE OBSERVED AS A FRONT PORCH FEATURE WILL LEND TO THE QUALITY AND CHARACTER OF THE PRINCIPAL STRUCTURE. AND STREETS SCAPE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES [01:15:01] SPECIFICALLY AUTHORIZE OF THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. THE VARIANCES WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE YOU SPECIFICALLY AUTHORIZED IN THE R FOUR ZONING DISTRICT. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE PROPOSED VARIANCE WILL DOES NOT APPEAR TO SUBSTANTIALLY INJURE THE ADJACENT CONFORMING PROPERTIES, NOR WILL IT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH WILL MEET ALL OF THE REQUIREMENTS THAT FORWARD TO THE WOODLAWN LAKE. N C D SIX. THE P APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS OF THE OF THE PROPERTY IS LOCATED. THE LOT HAS THE LARGEST WIDTH ON THE BLOCK AT A HUNDRED FEET, WHICH IS UNIQUE CIRCUMSTANCE EXISTING ON THE PROPERTY. AND THE PLIGHT OF THE OWNER IS NOT MERELY FINANCIAL AND A MOTION. SECOND, SECOND, I'LL GIVE IT TO MANNA. COMMISSIONER ZUNA? YES, I'M SUPPORTING THE MOTION AS READ. UM, CLEARLY, UH, YOU KNOW, THIS LOT, THIS BLOCK, UH, WIDTH IS, IS A LARGER THAN THE, UH, AVERAGE LOTS. AND I BELIEVE IT WOULD IMPOSE A HARDSHIP IF THEY WERE TO MEET THE 50 FOOT, UH, WITH A REQUIREMENT. AND ALSO WE SAW NO, UH, OPPOSITION FROM THE NEIGHBORING PROPERTIES THAT'D BE MOST AFFECTED. NOR DID WE SEE ANY OPPOSITION FOR THE WOOD LAKE NEIGHBORHOOD CONSERVATION DISTRICT. SO I AM SUPPORTING THE MOTION. ALL RIGHT, COMMISSIONER MANON? UM, I CONCUR WITH MY COLLEAGUE AND, UM, YOU KNOW, I THINK, UH, SINCE THE NEIGHBORHOOD ASSOCIATION DIDN'T WEIGH IN, UH, YOU KNOW, THAT THAT'S, UH, PRETTY BIG IN MY REGARDS. ALSO, YOU KNOW, YOU KNOW, LOOKING AROUND THERE ARE WRAPAROUND PORCHES AND, AND, YOU KNOW, PEOPLE DO LOVE THIS COMMUNITY, AND I THINK THAT WHAT YOU'RE DOING LOOKS LIKE IT'LL BE VERY APPROPRIATE FOR IT. SO I'LL BE VOTING IN FAVOR. OKAY. ANYONE ELSE? I JUST WANT TO ADD, I'LL BE IN SUPPORT, BUT MOSTLY BECAUSE I DON'T THINK IT MEETS THE DEFINITION OF LAW. IT LOOKS MORE LIKE A RAILING. IT'S OPEN . I MEAN, I'M SORRY, I JUST, THAT'S, THAT'S WHERE I'M COMING FROM. SO, STAFF, PLEASE TAKE A ROLL CALL. VOTE. MR. OZUNA. YES, I CONCUR. MR. MENA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MR. ALBERT. I CONCUR. MS. LIND? I CONCUR. MS. CRUZ? YES, I CONCUR. MR. DELMER? I CONCUR. MR. THIEL? YES. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN, AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES NINE TO ZERO. CONGRATULA. CONGRATULATIONS. THANK YOU VERY MUCH. YEP. ALL RIGHT. NEXT CASE. ITEM NINE. CASE, UH, BO O 8 22 1 0 3 0 0 3 4. ADDRESS IS 2 2 7 LEWIS STREET COUNCIL DISTRICT ONE A REQUEST FOR A TWO FOOT SPECIAL EXEMPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT REQUIREMENT TO ALLOW AN EIGHT FOOT FENCE ALONG THE SIDE. AND REAR PROPERTY LINES. APPLICANT IS JENNIFER HIGGINS AND ZONING A C ONE CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED AT 2 2 7 LEWIS STREET, AND THIS IS A COMMERCIAL PROPERTY. A NEW FENCE WAS INSTALLED WITHOUT PERMITS. THE REQUEST DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT SITE PLAN AND THE SUBJECT PROPERTY SIDE, PROPERTY SUBJECT PROPERTY SURROUNDING AREA RECOMMENDATION DEFENSE SPECIAL EXEMPTIONS. STAFF RECOMMENDS APPROVAL AND BO O A 22 1 0 3 0 0 3 4 BASED ON THE FOLLOWING FINDINGS OF FACT, THE TWO ADDITIONAL FEET AND HEIGHT WILL PROVIDE ADDITIONAL SAFETY AND SECURITY TO THE PROPERTY. AND THE REQUEST DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT NOTIFICATION PLAN. 49 NOTICES WERE MAILED, ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE TOBIN HILL COMMUNITY ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION AND APPLICANT IS AVAILABLE. AND THANK YOU. AND CAN YOU, UH, BEFORE YOU GO? YES, SIR. CAN YOU POINT OUT, UH, THE SITE PLAN DOESN'T LOOK, LOOK LIKE IT'S A LITTLE BIT CROPPED FROM WHAT'S ON THAT IMAGE, UH, THE ZONING IMAGE. CAN YOU, CAN YOU SHOW WHERE THE, SO THE, THE HIGHLIGHTED PORTION IS THE FENCE THAT YOU SHOW THAT, WHERE THAT IS IN RELATION TO THE STREET ON, ON ONE OF YOUR OTHER EXHIBITS? THAT ONE, YEAH. THAT SIDE. RIGHT. OKAY. AND, AND ALSO, IS THERE ANY, UH, DOES A CODE ALLOW FOR AN EIGHT FOOT FENCE OF YOUR ABUTTING A C ONE OR AN MF 33 FOR SUCH A USE? IF THERE'S ANY PORT OF THIS THAT, THAT, THAT DOESN'T NEED TO BE, UH, BEFORE THE BOARD FOR CONSIDERATION? NO, THE, THE FENCE ALONG THE HIGHLIGHTED AREA IS ALL IN. UM, OKAY. THANK WHAT THE QUESTION? ALL RIGHT. THANK YOU. THANK YOU VERY MUCH. YES, SIR. THANK YOU. IS THE APPLICANT PRESENT? YES. ALL RIGHT. IF YOU COULD PLEASE, UH, STATE YOUR NAME AND LET US, UH, IF YOU CAN BEGIN YOUR PRESENTATION. HI, SORRY. HI, MY NAME IS JUSTIN SANDERSON. UM, I'M ON BEHALF OF JENNIFER HIGGINS AND WE'RE, AS YOU KNOW, TRYING TO GET THE VARIANCE FOR HERE, UM, FOR THE EXACT REASONS THAT WERE SAID [01:20:01] FOR EXTRA SECURITY AND FOR THE PRIVACY. UM, RIGHT BEHIND THE FENCE AT THAT M I THINK ME 33, UM, IT'S A TWO FLOOR RESIDENTIAL FACILITY AND THEN THE C ONE WHERE IT'S 3 0 5 IS ALSO A TWO FLOOR. SO WE'RE JUST HOPING THE ADDITIONAL TWO FOOT OF THE FENCE WILL GIVE ADDITIONAL PRIVACY TO, UM, OUR COMPANY AND THE PEOPLE WHO ARE IN THE BACKYARD. UM, WE'RE REZONING, NOT REZONING, EXCUSE ME, WE ARE MAKING, UH, THE BACKYARD, UM, KIND OF LIKE A MECCA, A NICE GARDEN WHERE PEOPLE CAN WALK AROUND AND IT'LL BE REAL COMFORTABLE BACK THERE. UM, BUT WE'RE TRYING TO MAKE THAT AS PRIVACY AS YOU CAN BE, YOU KNOW, BEING BACK THERE AND NOT HAVING ANYONE AROUND. YES, MA'AM. OH, GO AHEAD. OH, UH, IT SAYS ON THE MAP THAT THIS IS RONALD MCDONALD'S HOUSE. IS THAT STILL THE CASE? NO, MA'AM. UH, IT WAS A RONALD MCDONALD HOUSE. UM, IT HAS BEEN SOLD TO, UH, NEXUS NEURO RECOVERY CENTER. UH, WE WORK WITH BRAIN INJURIES AND TBIS, VETERANS AND, AND INDIVIDUALS WHO HAVE EXPERIENCED ONE AND ARE DOING THE RECOVERY THROUGH THIS. THAT'S MA'AM. UH, PLEASE CONTINUE. OH, THANK YOU. UM, WE'VE ALSO TALKED JUST, UH, FOR WHAT IT'S WORTH TO OUR NEIGHBORS BACK THERE. UM, THE ONES THAT ARE CLOSER TO, UM, THAT OTHER STREET, I'M SORRY, I DON'T KNOW THAT ONE RIGHT THERE. YEAH. UH, THEY'RE ACTUALLY REDOING IT. UH, SO WE TALKED TO THE OWNER OF THOSE PROPERTIES 'CAUSE THEY'RE REDEVELOPING ALL OF THOSE RIGHT NOW. UM, AND TRYING TO MAKE GOOD RELATIONSHIPS, MAKING SURE THAT THEY FEEL COMFORTABLE WITH THE FENCE THAT WE ARE PUTTING BACK THERE. 'CAUSE WE'RE PUTTING A WOODEN FENCE INSTEAD OF THE, UH, METAL FENCE THAT WAS BACK THERE. AND WE'VE TALKED TO OUR OTHER NEIGHBORS AS WELL, RIGHT BEHIND THE PARKING LOT. UM, AND THEY HAVE EVEN MADE SOME ADJUSTMENTS THAT THEY HAVE REQUESTED AS NOT MAKING A FULL FENCE BUT HAVING LIKE LITTLE SLITS SO AIR CAN COME THROUGH THERE. SO WE ARE REALLY WORKING ON MAKING THOSE RELATIONSHIPS WITH EVERYBODY AS HOPEFULLY THAT'S SOMEWHAT OF A SCENE WITH ZERO PEOPLE SAYING NO TO THIS. OKAY. WELL, THANK YOU, UH, STAFF. HAS ANYONE SIGNED UP TO SPEAK OR ANY VOICEMAILS? NO. ALRIGHT. UH, ANY QUESTIONS FOR THIS APPLICANT? CRUZ, COMMISSIONER CRUZ? UH, SIR. AND I'M LOOKING AT THE PICTURES NOW. YES, MA'AM. SO THE, SO MOST OF THE PROPERTIES AROUND YOU ARE ALL BUSINESSES OR APARTMENTS? UM, THE ONES THAT ARE RIGHT BEHIND US FROM THEIR BACKYARD IS BEING REDONE, I BELIEVE IT IS CONDOS. UM, AND THEN THE ONE RIGHT THERE WITH A RED MAROON, UH, TOP IS, UH, RESIDENTIAL, UH, THAT IT'S A GENTLEMAN AND HIS WIFE THAT LIVED THERE, BUT I DON'T KNOW IF THEY RUN A BUSINESS OR ANYTHING THERE. WE JUST HAVE TALKED TO THEM. OKAY. BUT YOU DID, UH, LET 'EM KNOW ABOUT THE FENCE GOING UP, CORRECT? YES, MA'AM. OKAY. UM, AND WE'RE ACTUALLY, BECAUSE WE DO SHARE THE FENCE WITH THEM, UM, AND SO WE'VE ALLOCATED TO TAKE ALL THE COST ON AND I ASKED THEM TO TAKE ON ANY COST OF IT, BUT MAKING SURE THAT THEY WERE OKAY WITH THAT BEFORE AND THING. IT WAS GETTING TAKEN DOWN AND THEY WERE MORE THAN HAPPY WITH IT. WELL, I FIGURE SINCE YOU'RE PAYING FOR IT, I WOULDN'T MIND EITHER. OKAY. THANK YOU. ALL RIGHT. RIGHT. ANY OTHER QUESTIONS? ZUNA? COMMISSIONER ZUNA? I JUST CURIOSITY. SO, UH, ASSUME YOU HAD A CONTRACTOR PUT THIS FENCE IN FOR YOU AND IT WAS PUT IN WITHOUT A PERMIT. UH, DID, THERE WAS CONFUSION WITH OUR, UM, I'M TRYING TO USE ALL THE WORDS PERFECTLY, . UH, THERE WAS A CONFUSION WITH OUR PERMITTING, SO WE WERE APPROVED FOR ALL THE PLANS. SO WE BELIEVE THAT THIS WAS APPROVED AS WELL. WE WERE UNAWARE THAT YOU NEEDED THE ADDITIONAL TWO FOOT, UM, VARIATION YEAH, VARIANCE WHEN WE WERE DOING, UM, SO WE THOUGHT WHEN THEY APPROVED ALL PLANS, THAT WAS JUST IN PART OF IT AS WELL. AND SO AS SOON AS SOMEBODY CAME OUT AND TOLD US TO STOP, WE STOPPED ON THE FENCE IMMEDIATELY IN ORDER TO DO THIS, TO DO IT THE RIGHT WAY. OKAY. THANK YOU. YES, SIR. ANY OTHER QUESTIONS? ALL RIGHT. UH, HEARING NONE. SO WHAT'LL HAPPEN NOW IS WE'RE GONNA, UH, ASK FOR A MOTION AND WE'LL DELIBERATE AND WE'LL HAVE A DECISION FOR YOU. SO I'M LOOKING FOR A MOTION, PLEASE. CRUZ. COMMISSIONER CRUZ. OKAY. REGARDING CASE NUMBER BO O A 2 2 1 0 3 0 0 0 3 4, I MOVE AT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FEET HEIGHT FENCE HEIGHT RE REQUIREMENT TO ALLOW AN EIGHT FOOT SOLID SCREEN FENCE ALONG THE SIDE AND REAR YARD SITUATED 2 2 7 LEWIS STREET, APPLICANT BEING JENNIFER HIGGINS. 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 UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE ADDITIONAL FENCE HEIGHT AS PROPOSED WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B. THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS. TO PROTECT COMMERCIAL PROPERTY OWNERS WHILE STILL [01:25:01] PROMOTING A SENSE OF COMMUNITY, THE FENCE WILL STILL SERVE THE PUBLIC WELFARE AND CONVENIENCE. C THE NEIGHBORING PRO PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY IN ITS UNLIKELY TO SUBSTANTIALLY INJURE ANY NEIGHBORING PROPERTIES. THE, THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION OF SOUGHT THE ADDITIONAL HEIGHT FOR THE SIDE AND REAR YARD FENCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS, THE CURRENT USE THAT REQUEST A SPECIAL EXCEPTION, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. AND OF MOTION. IS THERE A SECOND? SECOND, UH, SECOND. BY COMMISSIONER MANOCK. COMMISSIONER CRUZ? UH, YES, I WILL DEFINITELY BE IN FAVOR OF THIS WITH IT BEING MORE COMMERCIAL THAN ANYTHING ELSE IN THAT NEIGHBORHOOD. AND WITH IT HELPING THE NEIGHBORS, I THINK IT WOULD BE A GREAT IMPROVEMENT. THANK YOU. THANK YOU. COMMISSIONER MANNA? UM, I CONCUR WITH COLLEAGUE. UM, AND SO I THINK ALSO, UH, DOING AN EXCELLENT JOB OF REACHING OUT TO THE NEIGHBORS AND, AND BEING GOOD PARTNERS. THERE IS A REALLY GOOD COMMENDABLE. SO I'LL BE VOTING FAVOR. ALL RIGHT. ANYONE ELSE? I JUST WANNA ADD THAT ALSO BE IN SUPPORT, UH, MOSTLY BECAUSE YOU'RE ONLY ASKING FOR IT FOR WHERE IT'S NEEDED AND NOT EVERYWHERE. SO I THOUGHT THAT WAS GREAT. UH, STAFF, PLEASE TAKE A ROLL CALL. VOTE MS. CRUZ. YES, I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MR. ALBERT. I CONCUR. MS. LIND I CONCUR. MR. DELMER? I CONCUR. MR. THIEL? YES, I CONCUR. MR. OZUNA? I CONCUR. CHAIR ORIAN AND I ALSO CONCUR WITH FINDINGS OF FACT. UH, MOTION PASSES. NINE TO ZERO. CONGRATULATIONS. THANK YOU VERY MUCH. THANK YOU. ALL RIGHT. I'D LIKE TO KEEP PRESSING ON UNLESS SOMEONE NEEDS A BREAK. NOPE. ALRIGHT, SO ITEM NUMBER 10. UM, ITEM NUMBER 10, UM, BO O 8 22 1 0 3 0 0 0 4 3. ADDRESS AT 1 7 1 4 REBA STREET. UM, CONTRADICTION FIVE. APPLICANT BEING, UH, , UM, ZONING IS CURRENTLY ARE FOUR. UH, SINGLE FAMILY RESIDENTIAL WITH ALL OVERLAY REMAINING THE SAME. UM, REQUEST FOR A EIGHT NINE INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SET BAY REQUIREMENT TO ALLOW A CARPORT TO BE THREE INCHES FROM THE FRONT PROPERTY LINE. AND TWO, A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SET BAY REQUIREMENT TO ALLOW A CARPORT TO WIDTH. A CARPORT WIDTH, ONE FOOT TWO INCH OVERHANG TO BE TWO FEET FROM THE SIDE PROPERTY LINE. AND THE APPLICANT'S CONSTRUCTED A CARPORT THAT ENCROACHED INTO THE FRONT AND SIDE SET SETBACK. UM, THE APPLICANT RECEIVED A, A STOP WORK ORDER FROM A COURT ENFORCEMENT OFFICER. UM, UPON SITE VISIT ON STAFF DID OBSERVE SIMILAR CARPORTS IN THE AREA. UM, THE PICTURE OF THE SITE PLAN AND THE SUBJECT PROPERTY ITSELF WITH THE CARPORT, THE SUBJECT CARPORT ITSELF WITH SOME MEASUREMENTS AFTERWARDS, THE OVERHANG AND THE SURROUNDING AREAS. OKAY, STAFF RECOMMENDS NILE WITH AN ALTERNATE RECOMMENDATION OF A FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW CARPORT TO BE FIVE FEET FROM THE FRONT PROPERTY LINE. AND TWO, A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE FOOT TWO INCHES WITH ONE FOOT TWO INCHES OVERHANG TO BE THREE FEET FROM THE SIDE PROPERTY LINE. AND BO O A 22 1 0 3 0 0 0 4 3 BASIS OF FOLLOWING FINDINGS OF FACT, UH, THE WIDTH OF THE CARPORT WOULD BE ADJUSTED AT 14 FEET, SIX INCHES. AND THERE'S, UH, WATER RUNOFF ISSUES AS THE CARPET DOES NOT CURRENTLY HAVE GUTTERS. UM, THERE ARE 2018 NOTICES. MAIL ZERO IN FAVOR, ZERO IN OPPOSITION. UM, THERE WAS NO RESPONSE FROM PROSPECT HILL AND NO RESPONSE FROM WEST END. UM, HOPE ACTION NEIGHBORHOOD ASSOCIATION. THANK YOU. AND THE APPLICANT IS PRESENT. ALL RIGHT, THANK YOU VERY MUCH. IF THE APPLICANT COME FORWARD, STATE YOUR NAME AND BEGIN YOUR PRESENTATION PLEASE. UH, HELLO. MY NAME IS RAUL ALA, AND I MEAN, I DIDN'T BRING NOTHING TO, UH, PRESENT. UM, ANY QUESTIONS OR, I DON'T. THIS IS MY FIRST TIME, SO. OH, OKAY. THAT'S FINE. THAT HAPPENS ALL THE TIME. UH, ONE BEFORE WE OPEN THIS UP WITH QUESTIONS, I JUST WANNA LET YOU KNOW, THE STAFF IS, IS PROVIDING AN ALTERNATE RECOMMENDATION. THEY'RE ASKING FOR YOU TO BE A FOOT FURTHER AWAY FROM THE SIDE, UH, ANOTHER FOOT OR, WELL, RIGHT NOW, YOUR, YOUR CURRENT, UH, APPLICATION IS TO BE TWO FEET FROM THE SIDE PROPERTY LINE. THEY'RE [01:30:01] ASKING, WELL, I'M ACTUALLY, UH, THREE FEET ALREADY FROM THE SIDE, INCLUDING THE, INCLUDING THE OVERHANG IS WHAT THEY'RE, THEY'RE INSINUATING. OH, SO THEY'RE EITHER WANTING YOU TO GET RID OF A FOOT OFF THE OVERHANG AND MOVE THE POST OVER A FOOT, JUST TO BE AWARE OF THAT. UM, AND THE SECOND THING, THEY'RE ASKING YOU TO TAKE THE FRONT TO FIVE FEET AND IT IS POSSIBLE FOR YOU TO HAVE POSTS WITHIN 10 AND THEN HAVE A FIVE FOOT OVERHANG, UH, OR STAFF. IS THAT CORRECT? YOU CAN BE AT 10, BUT, BUT IS YOUR RECOMMENDATION TO HAVE THE POST AT FIVE AND THEN HE CAN DO AN OVERHANG TO GET CLOSER TO THE FRONT, OR IS THAT NOT PART OF YOUR RECOMMENDATION? YEAH, THE SETBACK IS MEASURED TO THE POST. OKAY. SO WE'RE REFERRING TO THE POST. SO THE STAFF IS ASKING YOU TO MOVE THE, THE, THE POSTS THAT ARE NEAR THE STREET TO FIVE FEET AWAY AND THEN YOU'RE, YOU WOULD BE ALLOWED TO HAVE AN OVERHANG FROM THE POST EXTEND OUT TO THE FRONT. JUST, I JUST WANNA MAKE YOU AWARE OF THAT AS YOU, AS WE ENTERTAIN SOME QUESTIONS. OKAY? NO. OKAY. OKAY. IT'S JUST SO IS IS THERE ANY, UH, QUESTIONS FROM THE COMMISSION? UM, SIR, GO AHEAD. SO IF I DO THE, SO IF I MOVE FIVE FEET BACK AND THEN FROM THE OVERHANG, IF I TAKE OFF A FOOT FROM THE OVERHANG OR IS IT THEN, THEN YOU WOULD BE MEETING STAFF'S RECOMMENDATION? WE STILL HAVE TO, IT'S STILL A VARIANCE. IT'S STILL A VARIANCE, YEAH. OKAY. WE STILL HAVE TO ACCEPT IT, UH, UNANIMOUSLY FROM THE BOARD, BUT I'M JUST LETTING YOU KNOW WHAT STAFF IS, IS, IS ASKING FOR TO GET THEIR BACKING. OKAY. UH, SO WITH THAT, WE'RE GONNA SEE IF WE HAVE ANY QUESTIONS FROM THE COMMISSION. ANY CRUZ COMMISSIONER CRUZ. UM, I SEE THAT YOU ALREADY HAVE A WELL SHELTER ON, ON THE SIDE AND YOU, YOU'RE EXTENDING THIS. IS THERE A REASON WHY YOU WANTED TO EXTEND IT? UH, IT'S 'CAUSE OF THE HAIL DAMAGE. UH, LAST YEAR WHEN THERE WAS THE HAIL DAMAGE, I HAD, UM, MY TWO VEHICLES, UH, SOME OF THE NEIGHBORS, TWO OTHER VEHICLES, UH, MY TRUCK WAS ACTUALLY STICKING OUT HALFWAY OUT. AND UH, I JUST WANTED MORE SPACE FOR THAT. UH, I MEAN, IT JUST PROVIDES PROTECTION FOR HELL, DAMAGE FOR THE VEHICLES THAT I HAVE AND FOR THE NEIGHBORS. 'CAUSE NOBODY ELSE REALLY HAS A CARPORT THERE. UH, MY DAD ACTUALLY HAS THE CARPORT, WHICH IS TWO HOUSES DOWN, WHICH IS THE 1722 REBEL STREET. BUT I MEAN, THAT'S THE MAIN, MAIN THING IS JUST HOW DAMAGE FOR THE VEHICLES AROUND. OKAY. AND, UM, SINCE NONE OF YOUR NEIGHBORS, UH, CHALLENGED YOU ON THIS, I AM ASSUMING NONE OF THEM GAVE YOU ANY REASON TO SAY YOU COULDN'T DO IT? NO, ACTUALLY THE, THE, UH, THE NEIGHBOR DOESN'T MIND IT. I TALKED TO HER, UH, SHE SAID SHE LIKES IT. UH, AND ACTUALLY ME AND MY DAD ARE BUILDING THAT. WE'VE BEEN DOING THIS SINCE NOVEMBER. WE, UH, JUST ON THE WEEKENDS AND, UH, I DIDN'T KNOW ABOUT THE PERMIT 'CAUSE SOMEBODY TOLD ME FOR A CARPORT 'CAUSE IT'S NOT ATTACHED TO THE HOUSE. I DIDN'T NEED ONE. SO WE STARTED THIS SINCE NOVEMBER. UM, AND NOBODY REALLY, NOBODY HAS COME UP TO ME AND BE LIKE, HEY, YOU CAN'T DO THAT. OR, I MEAN, IF I WAS TRYING TO DO THIS REAL QUICK, I WOULD'VE DONE, I WOULD'VE PAID SOMEBODY, BUT IT'S ME AND MY DAD NOT. OKAY. AND WHEN DID YOU GET THE STOP WORK ORDER? I GOT THAT ABOUT TWO MONTHS AGO. OKAY. SO, AND THEY, AND THEY HADN'T STOPPED BY BEFORE THEN, THEN? NOBODY HAD STOPPED BEFORE THEN. OKAY. NO, THANK YOU. THANK YOU. ANY OTHER QUESTIONS FROM THE COMMISSION? SO, SO MANANA, UM, COMMISSIONER MANA. SO, UM, IF I HEARD CORRECTLY, YOU'RE SAYING THAT THE, UM, IT'S IT'S A MORE OF A CARPORT AND IT'S NOT ATTACHED TO THE HOUSE. YEAH, IT'S NOT ATTACHED TO THE HOUSE. IT'S FREESTANDING. YEAH. AND, UH, NOTHING'S ATTACHED. THE WOODS RIGHT NOW, RIGHT THERE. THAT SHOWS OUR, JUST BECAUSE WHEN IT WAS WINDY, WE WERE AFRAID THAT IT WAS GONNA FALL DOWN. SO THAT'S THE ONLY REASON WHY THAT ONE'S THERE. UM, OTHER THAN THAT, IT'S NOT ATTACHED TO THE HOUSE. IT'S NOT EVEN ATTACHED TO THAT OLD ONE THAT'S THERE RIGHT NOW. UM, IT WAS JUST EXTENDED JUST TO PROTECT THE VEHICLES. THAT'S IT. AND A QUESTION FOR THE CITY. SO, SO BEING THAT, UH, THERE'S AN EXISTING, UH, CARPORT THERE RIGHT NOW OR COVERING, UH, THAT IS BASICALLY AT THE SAME SPACE THAT'S NOT IN, UH, THIS CURRENT DIALOGUE RIGHT NOW, IT'S JUST THE CURRENT NEW STRUCTURE. WOULD THAT BE CORRECT? THAT'S CORRECT. OKAY. SO ONE OF THE THINGS THAT, UM, AS FAR AS THE ONE THAT'S CURRENTLY THERE, HOW IS IT, SO THE, SO THE OLDER ONE, HOW IS THAT SLOPED? UH, WHEN IT RAINS? SO DOES WATER GO ONE WAY OR THE OTHER? IT GOES, I GUESS TOWARDS THE NEIGHBOR. UM, AND I BARELY GOT THIS HOUSE LIKE, UH, TWO YEARS NOW. UM, IT GOES TOWARDS THE NEIGHBOR, UH, WHICH IS RIGHT THERE. UM, I MEAN, I DON'T KNOW. SO, SO ONE OF THE CHALLENGES THAT, THAT, THAT WE TALK ABOUT A LOT IS THAT, UM, IT'S, WE DON'T, OR I DON'T LIKE TO SEE, WHEREAS THAT WHEN, WHEN [01:35:01] IT RAINS AND WE, WE PUSH WATER TO THE NEIGHBOR'S YARD. OH YEAH. UM, AND SO, AND SO SOMETIMES WE LOOK FOR GUTTERING OR THINGS LIKE THAT. AND SO, UH, TO MITIGATE THAT, SO THAT OLD ONE RIGHT THERE WHERE IT SHOWS RIGHT NOW, THE OLD SECTION, I ACTUALLY WANT TO CUT IT 'CAUSE THE WOOD RIGHT THERE IS ROTTEN. UH, LATER ON I WANT TO CUT IT OFF, UH, ACTUALLY MAKE MORE SPACE. AND THEN I HAVEN'T PUT ANY WATER GUTTERS 'CAUSE THE SIDE WHERE THE NEIGHBOR'S AT, WE HAVEN'T GOTTEN THAT FAR YET TO THE PROJECT. SO WE HAVEN'T REALLY HAD, AND THEN WE GOT STOPPED. SO THERE'S NO, LIKE FOR THE WATER, I AM GONNA PUT, UH, MY ANGUS IS NOT THAT GOOD. UH, WATER, THE WATER RAIL THINGS, YEAH. GUTTERS. SO, SO IT IS YOUR INTENT TO ACTUALLY HAVE GUTTERS THEN? YEAH. YEAH. I, I'LL, I'LL, I'M GONNA DO EVERYTHING RIGHT. I DON'T WANNA THROW WATER TO THE NEIGHBOR AT ME. SO I'M GONNA INTERJECT ON THIS. SO YOU, YOU, UH, WE CAN'T MAKE A CONDITION FOR YOU TO PUT GUTTERS, UHHUH, BUT, BUT, UH, HOW YOU'RE HANDLING DRAINAGE IS SOMETHING THAT THIS, THAT THIS COMMISSION IS, UH, DOES, DOES TAKE INTO CONSIDERATION, UH, OR, OR IF YOU'RE, IF, IF YOU WOULD LIKE TO, YOU CAN TAKE THIS OPPORTUNITY TO AMEND YOUR APPLICATION TO INCLUDE GUTTERS, UH, ON, ON YOUR NEIGHBOR'S SIDE. UM, YEAH. OR YOU COULD SAY LIKE PUT, LIKE PUTTING THE WATER GUTTER THINGS OR, UH, YOU, YOU CAN CERTAINLY DO THAT. UM, UH, YOU CAN AMEND YOUR APPLICATION TO, TO INCLUDE GUTTERS. OKAY. YEAH. WELL I THOUGHT, UM, IF YOU WISH, I MEAN, WE CAN'T ASK YOU TO NO, NO, NO, NO, NO. I WANNA DO EVERYTHING. RIGHT. UH, WELL WE NEED YOU TO MAKE THAT STATEMENT THEN. UH, I WOULD LIKE TO AMEND IT TO PUT THE, FOR ME TO PUT THE WATER, UH, GUARDS TO INCLUDE, UH, GUTTERS ON THE NEIGHBOR SIDE TO INCLUDE GUTTERS ON THE NEIGHBOR SIDE. OKAY. YEAH. I'M SORRY. ALRIGHT. UH, COMMISSIONER MANER, DO YOU STILL HAVE THE FLOOR? UM, SO THEN I GUESS SECOND PART OF THE DIALOGUE THEN WAS, UH, AS FAR AS THE FRONT. AND SO, SO STAFF HAS RECOMMENDED MOVING THOSE POSTS BACK. AND SO THE QUESTION WOULD BE, DO YOU THINK THAT, IS THAT, IS THAT SOMETHING THAT YOU THINK THAT YOU COULD ACCOMMODATE? UM, WITH REGARDS TO MOVING THE FRONT, THE, THE, THE FRONT PILLARS BACK A LITTLE BIT? UH, I COULD, I JUST DON'T KNOW HOW LONG IT'S GONNA TAKE 'CAUSE IT'S ME AND MY DAD DOING IT. UM, I COULD MOVE IT TO THE, UH, FIVE FEET BACK, BUT IT'S JUST THE TIME AND EVERYTHING. LIKE I SAID, WE'VE BEEN DOING THIS SINCE NOVEMBER, SO IT'S JUST ON THE WEEKEND. IT WAS A WEEKEND THING THAT WE DID, BUT I, I COULD MOVE IT BACK. WELL, AS LONG AS YOU'RE CONTINUALLY WORKING ON YOUR PERMIT, YOU CAN TAKE YOUR TIME. YEAH. UH, I JUST DON'T KNOW. I DIDN'T, I DON'T KNOW PERMIT TIMES OR IF THERE IS PERMIT TIMES OR, NOPE. LIKE I SAID, AS LONG AS YOU'RE CONTINUALLY WORKING ON YOUR PERMIT, IT STILL HAS LIFE. SO. OKAY. UM, I'M JUST LETTING YOU KNOW THAT WAS, THAT WAS SOMETHING THAT STAFF WAS, WAS RECOMMENDING OKAY. TO US. SO. ALRIGHT. IS THERE ANY OTHER QUESTIONS? ALBERT? COMMISSIONER ALBERT, UM, DO YOU HAVE ANY PLANS TO ENCLOSE THE SIDES? UH, PARTLY OR NO? NO. I DON'T WANNA ENCLOSE IT. UM, AND ALL THOSE LIKE SMALL LITTLE TREES, UH, THE NEIGHBOR ASKED ME ACTUALLY TO CUT 'EM OFF 'CAUSE SHE DON'T LIKE 'EM, AND I TOLD HER I WOULD DO THAT. UH, IT'S JUST, I JUST, IT'S A LOT OF STUFF THAT WE GOTTA DO. IT'S A OLDER HOUSE. I BARELY GOT THE HOUSE TWO YEARS AGO, SO TIME, MONEY, I MEAN, IT'S JUST COMMISSIONER KAPLAN. YEAH. UH, I JUST FROM THE, UH, COMMISSIONER MANEZ QUESTION, SO YOU ARE AGREEING TO MOVE THE FRONT POST BACKFIRE FEET IF I HAVE TO? YES. UH, I WILL NOT. I THINK YOU HAVE TO MAKE IT IN THE AFFIRMATIVE. I WILL MOVE THIS. I CAN MOVE. WELL, WE CAN, WE CAN SET THAT BECAUSE YEAH, YEAH, YEAH. IT'S JUST, IT'S WHATEVER I GET ALLOWED, YOU KNOW. OKAY. WELL, IS THERE, UH, IS THERE ANY OTHER QUESTIONS? ALL RIGHT, SIR. IS THERE ANYTHING YOU'D LIKE TO JUST ADD BEFORE WE, UH, ANY CLOSING REMARKS BEFORE WE DELIBERATE? SINCE THE OLD ONE IS ACTUALLY FURTHER IN, I DON'T REALLY WANT TO MOVE THE NEW ONE OR HAVE THE THING, I GUESS DO THE TWO FEET, THE FRONT. I'LL DO, I'LL DO THE FIVE FEET. IT'S JUST THE SIDES. I WOULD LIKE TO LEAVE IT HOW IT IS JUST BECAUSE THE OLD ONE'S ALREADY ACTUALLY STICKING OUT FURTHER. AND I'M GONNA WORK ON THE OLD ONE TO ACTUALLY CUT IT BECAUSE IT'S, IT KIND OF IS MORE THAT WAY, I'LL ADMIT, BUT I JUST, THE SIZE I WOULD LIKE TO LET IT BE. IT'S JUST A FRONT I GUESS. ALL RIGHT, THANK YOU VERY MUCH. SO I'M GONNA OPEN THIS UP TO A MOTION AND UM, I'LL GO AHEAD AND MAKE IT SINCE I'M OKAY. SINCE I HAVEN'T DONE ONE YET. YEAH. SO REGARDING CASE NUMBER BO A DASH 22 DASH OH 3 0 0 43, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A FIVE FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT TO BE FIVE FEET FROM THE FRONT PROPERTY LINE. AND TWO, A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT WITH ONE FOOT TWO INCH OVERHANG AND GUTTERS TO BE TWO FEET FROM [01:40:01] THE SIDE PROPERTY LINE. UH, GUTTERS BEING ADDED BY THE APPLICANT DURING HIS, HIS, UH, PRESENTATION AS PART OF HIS APPLICATION SITUATED AT 1714 REVA STREET. APPLICANT BEING RAUL AALA BECAUSE THE TESTIMONY PRESENTED US, AND THE FACTS THAT WE HAVE DETERMINED HAVE SHOWN THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH AS A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT'S REQUESTING A VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT TO BE THREE, TO BE FIVE FEET FROM THE FRONT PROPERTY LINE, AND A VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT WITH ONE FOOT, TWO INCH OVERHANGS AND GUTTERS TO BE TWO FEET FROM THE SIDE PROPERTY LINE, WHICH DOES NOT APPEAR CONTRARY. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE RESULTED IN AN UNNEC UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT HAVING TO MOVE THE POST OF THE STRUCTURE TO FIVE FEET FROM THE SIDE PROPERTY LINE AND 10 FEET FROM THE FRONT PROPERTY LINE, WHICH WOULD REQUIRE A POSSIBLE DEMOLITION OF THE CARPORT TO BUILD. THREE. BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPARE OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE CARPORT WAS POSSIBLY ERECTED FOR PROTECTION OF VEHICLES THAT WILL BE PLACED UNDER THE STRUCTURE, WILL NOT HAVE ADVERTENTLY AFFECT SURROUNDING PROPERTIES IN THE IMMEDIATE AREA. FOUR. THE VARIANCE WILL NOT AUTHOR AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO OTHER USE, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITHIN WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE VARIANCE REQUESTS DO NOT APPEAR TO BE NEGATIVE, DO NOT APPEAR TO NEGATIVELY AFFECT THE NE ADJACENT NEIGHBORING PROPERTY. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCES SOUGHT AS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER FOR THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS A SMALL AMOUNT OF AVAILABLE SPACE. END OF MOTION. SECOND. SECOND BY COMMISSIONER CRUZ. SO, UH, I'M GONNA START OFF, UH, I'M, I'M GOING TO IN SUPPORT OF THIS AS RED, UH, AND WHAT THE MOTIONS READ WAS YOU HAVE TO BE FIVE FEET FROM THE FRONT, WHICH MEANS THE POSTS CAN BE FIVE FEET AND THEN YOU'RE ALLOWED AN OVERHANG TO GO PROTRUDE FURTHER OUT UP TO FIVE FEET. OKAY. UH, AND THEN THE SIDE, IT'S, IT'S WHAT YOU'RE ASKING FOR, BUT IT HAS TO INCLUDE GUTTER. SO YOU EITHER HAVE TO MOVE THE POST OVER OR CUT SOME OF THE OVERHANG TO INCLUDE THE GUTTER SO THAT NOTHING COULD BE CLOSER THAN ONE FOOT TWO TO THE SIDE PROPERTY LINE. OKAY. SO WITH THAT, I'M IN SUPPORT COMMISSIONER CRUZ. UM, I CONCUR WITH, UH, THE WAY IT WAS READ AND WITH THE ADJUSTMENTS AND I THINK, UH, THE, UH, REST OF THE NEIGHBORHOOD WILL BE VERY HAPPY WITH THAT ALSO. THANK YOU. THANK YOU. ANYONE ELSE? HEARING NONSTOP, PLEASE TAKE A ROLL CALL. VOTE MS. CRUZ. I CONCUR. MS. KAPLAN I CONCUR WITH AS IT WAS AMENDED. MR. ALBERT. I CONCUR. MS. LIND I CONCUR. MR. MENA I CONCUR. MR. DELMER? I CONCUR. MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF THE FACT MOTION PASSES. SIR, IF YOU CAN GET WITH STAFF, THEY'LL, THEY CAN BETTER EXPLAIN, YOU KNOW, UH, WHAT YOUR NEXT STEPS ARE. OKAY. THANK YOU. THANK YOU. THANK YOU VERY MUCH. THANK YOU SO MUCH. YES, SIR. UH, ITEM 11. GOOD AFTERNOON. ITEM 11 IS FOR CASE B O A DASH 22 DASH 1 0 3 0 4 6. LOCATED AT 3 25 SOUTH HACKBERRY WITHIN COUNCIL DISTRICT TWO, THE APPLICANT BEING NICHOLAS NUNAM IS A REQUEST FOR A SIX FOOT THREE INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW STRUCTURE TO BE THREE FEET NINE INCHES FROM THE FRONT PROPERTY LINE. THE PROPERTY IS OWNED RMM FOUR RESIDENTIAL MIXED DISTRICT. THE SUBJECT PROPERTY IS LOCATED ALONG SOUTH HACKBERRY STREET AND HAS A SINGLE FAMILY RESIDENCE THAT WAS BUILT CIRCA IN 1940. THE APPLICANT IS IN THE PROCESS OF REMODELING THE RESIDENCE AND IS REQUESTING TO REMOVE AND REPLACE AN EXISTING FRONT PORCH, WHICH IS NOT MEET THE MINIMUM FRONT SETBACK REQUIREMENT OF 10 FEET, BUT DOES MAINTAIN THE REQUIRED SIDE SETBACK OF FIVE FEET. THE VARIANCE REQUEST IS TO ALLOW THE FRONT FRONT PORCH TO BE THREE FEET NINE INCHES FROM THE FRONT PROPERTY LINE. DURING THE SITE VISIT, STAFF OBSERVED IN NON-CONFORMING STRUCTURES AND PROXIMITY, PROXIMITY, INCLUDING THE PROPERTY TO THE EAST. THIS IS THE SITE PLAN THAT WAS SUBMITTED BY THE APPLICANT SHOWING THE LOCATION OF THE PORCH COVER, THE EXISTING RESIDENCE ON THE LOT, THE SIDE VIEW OF THE PORCH, A CLOSER LOOK OF THAT, [01:45:01] OF THE PORCH IN RELATION TO THE PROPERTY LINE AND, UM, PROPERTY TO THE EAST. THAT ONE IS THE ONE THAT I MENTIONED EARLIER THAT IS ON THE PROPERTY LINE. AND THEN THE SURROUNDING AREA AND SURROUNDING AREA REGARDING THE FRONT SETBACK VARIANCE. STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THERE IS AN EXISTING NON-CONFORMING PATIO COVER. TWO. THERE IS, UH, THE REQUEST IS TO RE REMOVE AND REPLACE THE STRUCTURE. AND THREE, DUE TO UNIQUE CIRCUMSTANCES OF THE EXISTING STRUCTURE AND PROPERTY, THE PATIO CANNOT MAINTAIN THE REQUIRED 10 FOOT MINIMUM FRONT SETBACK. THERE WERE 30 NOTICES MAILED. UM, WE ACTUALLY RECEIVED ONE IN FAVOR PRIOR TO THE MEETING BEGINNING AND ZERO OPPOSED, AND THERE IS NO RESPONSE FROM ALAMO GARDEN'S NEIGHBORHOOD ASSOCIATION. AND THIS CONCLUDES STAFF'S PRESENTATION. AND THE APPLICANT IS PRESENT. AND BEFORE YOU GO, JUST TO CLARIFY, THE PORCH IS IN ITS SAME STATE AS IT WAS, IT'S JUST BEING REPAIRED, CORRECT? YES. HE'S JUST WANTING TO REMOVE AND REPLACE IT. THANK YOU. IS THE APPLICANT PRESENT? HELLO? PLEASE STATE YOUR NAME AND YOU CAN BEGIN YOUR PRESENTATION. NICHOLAS NUNO. SO WHAT I'M TRYING TO DO IS I'M TRYING TO REPLACE AN EXISTING, UH, D I Y UH, PATIO AND IT'S MADE OUT OF CONCRETE. SO AS, JUST AS YOU CAN SEE, IT'S DILAPIDATED AND IT'S, YOU KNOW, OLD AND AGING. SO WHAT I'M TRYING TO DO IS I'M TRYING TO REPLACE IT WITH A COMPOSITE WOOD, UM, PATIO TO MAKE IT, YOU KNOW, TO BEAUTIFY IT TO, TO MAKE IT LOOK NICER WITHIN THE NEIGHBORHOOD. SO I'M TRYING TO IMPROVE IT, YOU KNOW, MAKE SURE IT'S SAFE AND AT THE SAME TIME MOVING THE, THE STAIRS FROM THE FRONT TO THE SIDE TO MAKE EVEN MORE SAFER. OKAY. UH, THANK YOU VERY MUCH. YOU'RE WELCOME. STAFF. IS THERE ANYONE SIGNED TO SPEAK ANY VOICEMAILS? NO. NO? ALL RIGHT. WE'RE GONNA OPEN THIS UP TO QUESTIONS. ANY COMMISSIONER QUESTIONS HERE? COMMISSIONER ALBERT? UH, PEOPLE, UH, ARE REFERRING TO PATTY. WE'RE TALKING ABOUT THE FRONT PORCH. YEAH. CORRECT. ON THE HOUSE? CORRECT. AND IT'S GOT THE ROOF THAT'S INTEGRAL TO THE MAIN HOUSE? UH, I BELIEVE SO. I THINK, UH, IT'S NOT REALLY ATTACHED, BUT THEY'RE ABLE TO REMOVE THAT. YEAH. OKAY. YEAH. WHAT I'M SEEING IS THE ROOF OF THE HOME AND THE ROOF OF THE PORCH ARE ESSENTIALLY ALL THE SAME ROOF, CORRECT? YES. AND SO YOU'LL BE, ALL OF THAT WILL REMAIN, IT'LL BE PUT BACK, IT'LL, YES. YOU'RE JUST ESSENTIALLY TAKING IT APART, FRESHENING IT UP, MAKING IT SAFE, PUTTING IT BACK TOGETHER. YES, SIR. OKAY. ALRIGHT. WELL, I HAVE A QUICK QUESTION. SO YOU, YOU MOVE IN THE STAIRS TO THE SIDE AND SO YOU'RE ACTUALLY MAKING IT, YOU'RE IN, YOU'RE IN, UH, INCREASING THE SETBACK THAT YOU, THAT YOU CURRENTLY HAVE MM-HMM. IN A WAY. SO JUST WANNA MAKE SURE, SO THE, THE FRONT PART OF THE PORCH ISN'T COMING ANY CLOSER. IT'S STILL GOING TO, IT'S GONNA BE THE SAME DIMENSION. OKAY. EVERYTHING'S GONNA BE THE SAME, BUT WE'RE JUST MOVING IT TO THE SIDE ALL. WELL, THANK YOU VERY MUCH. UH, NOTHING ELSE. COMMISSIONER THIEL, UH, GO AHEAD AND MAKE A MOTION REGARDING CASE NUMBER BOA DASH TWO TWO DASH 0 3 0 0 4 6. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR SIX FOOT THREE INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK REQUIREMENT TO ALLOW A PATIO COVER TO BE THREE FOOT NINE INCHES FROM THE FRONT PROPERTY LINE SITUATED AT 3 2 5 SOUTH HACKBERRY STREET. APPLICANT BEING NICHOLAS NUNAM. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOWS THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE REQUEST IS TO ALLOW THE REMOVAL AND REPLACEMENT OF AN EXISTING PATIO COVER, WHICH MAINTAINS ADEQUATE SPACING TO THE FRONT OF THE PROPERTY LINE AND DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN UNNECESSARY HARDSHIP. BY IMPOSING A LITERAL ENFORCEMENT OF A 10 FOOT FRONT SETBACK, THE REMOVAL AND REPLACEMENT OF THE PATIO COULD NOT BE ACCOMPLISHED AND THERE IS NOT ENOUGH SPACE TO MEET THE FRONT SETBACK REQUIREMENT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. SUBSTANTIAL JUSTICE WILL BE DONE BY ALLOWING THE REPLACEMENT OF THE PATIO COVER WHICH MEETS THE SIDE SETBACK. REQUIREMENT FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE PROPOSED STRUCTURE DOES NOT CAUSE ANY CONCERN AND DOES NOT APPEAR TO BE SUB, NOT APPEAR TO HAVE SUBSTANTIALLY INJURE THE USES OF ADJACENT CONFORMING PROPERTIES OR THE CHARACTER OF THE NEIGHBORHOOD. THE REDUCTION OF THE FRONT SETBACK TO THREE FOOT NINE INCHES DOES NOT APPEAR TO INJURE ADJACENT PROPERTIES AS THIS IS THE ONLY LOT THAT IS FRONTING [01:50:01] HACKBERRY STREET. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULTS OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS THAT THE PLOT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. UNIQUE SIZE AND LOCATION OF THE LOT PREVENTS THE REDEVELOPMENT OF THE PATIO COVER. THEREFORE, THE REQUEST IS NOT MERELY FINANCIAL. END OF MOTION IS SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER TEAL. UH, YES. I'LL BE IN SUPPORT OF THIS. UH, I COMMEND YOU FOR GOING THROUGH THIS PROCESS INSTEAD OF JUST DOING IT ON YOUR OWN WITHOUT A PERMIT OR ANYTHING SO TOUGH. I'LL BE IN SUPPORT. MR. CRUZ. UM, YES, I CONCUR WITH MY COLLEAGUE AND I THINK, UH, THIS WILL BE A GREAT IMPROVEMENT TO THIS PROPERTY. THANK YOU. THANK YOU. ANYONE ELSE? HEARING NONE? STAFF PLEASE TAKE A ROLL CALL. VOTE MR. TEAL. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ? YES, I CONCUR. MS. KAPLAN. I CONCUR. MR. ALBERT I CONCUR. MS. LIND I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES NINE TO ZERO. CONGRATULATIONS. IF YOU HAVE ANY QUESTIONS, GIVE WITH STAFF. THANK YOU VERY MUCH. I APPRECIATE THIS. YOU GOT IT. THANK YOU. ALL RIGHT. LAST CASE. ITEM 12. IS APPLICANT HERE FOR ITEM 12? UH, NO. HE'S, UH, ASKED FOR CONTINUANCE, SO. OH, OKAY. YEAH. AND WHAT'S THE NEXT AVAILABLE DATE? THE 16TH. 16TH. 16TH OF MAY. ALL RIGHT. UM, ANYONE YOU HAVE TO DO A BRIEF, UH, PRESENTATION. YES. RIGHT. UH, ITEM AGENDA ITEM 12 BO O A DASH 22 1 0 3 4 8. ADDRESS IS 2 3 0 1 0. SUMMIT CANYON COUNCIL DISTRICT NINE. A REQUEST FOR A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK REQUIREMENT TO ALLOW A POOL TO BE TWO FOOT FROM THE REAR PROPERTY LINE. APPLICANT IS HOWARD GURTY. ZONING IS R SIX SINGLE FAMILY RESIDENCE AND IT'S CONT ASKING FOR A CONTINUANCE TILL MAY 16TH. UH, AND TO VERIFY THE DATE, IT'S THE SIR WHAT'S THE NEXT AVAILABLE DATE AGAIN? MAY 16TH. MAY, MAY 16TH. ALL RIGHT. SO MAY 16TH. IS THERE A MOTION ON THE TABLE APPEAL? COMMISSIONER THIEL? UH, I MOVED AT THE 23 0, OR EXCUSE ME, BO O A CASE THAT, EXCUSE ME. I MOVED THE CASE NUMBER BO O A DASH 2 2 3 0 0 4 8. UH, BE CONTINUED TO THE MAY 8TH AGENDA. SECOND 18TH, AGENDA SECOND. MAY 16TH. MAY 16TH, MAY SIX. EXCUSE ME. MAY 16TH AGENDA. END OF MOTION. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER KAPLAN. UH, STAFF, PLEASE TAKE A ROLL CALL. VOTE MR. TEAL YES. MS. KAPLAN? YES. MR. ALBERT? YES. MS. LIND? YES. MS. CRUZ? YES. MR. MANNA? YES. MR. DELMER? YES. MR. OZUNA? YES. CHAIR ORIAN. AND I ALSO SAY YES. UH, MOTIONS CONTINUE TO THE MAY 16TH DATE. UH, NEXT [ Approval of Minutes  ] ITEM OF THE AGENDA IS APPROVAL OF MINUTES FROM APRIL 18TH. UH, I SUBMITTED A COUPLE AMENDMENTS, WHICH HAVE BEEN ALREADY BEEN DONE. IS THERE ANY OTHER AMENDMENTS FROM THE COMMISSION? UH, HEARING NONE. I'M LOOKING FOR A MOTION FOR APPROVAL. I MOVE TO APPROVE I SECOND. MOTION BY COMMISSIONER KAPLAN. SECOND BY COMMISSIONER CRUZ. UH, ALL IN FAVOR SAY AYE. AYE. AYE. ALL. ANY OPPOSED? ALL RIGHT. UH, THE AYES HAVE IT. THE MINUTES ARE [Director’s Report] APPROVED AND I BELIEVE WE HAVE A SHORT PRESENTATION STAFF. IT'S ACTUALLY, IT'S A, UH, U D C UPDATE, SO IT'S NOT REALLY A FORMAL PRESENTATION. UM, SO, UM, THE PLANNING COMMISSION TECHNICAL ADVISORY COMMITTEE, WHICH IS PTAC, THEY HAVE BEEN REVIEWING THE 234 U D C AMENDMENTS THAT WERE RECEIVED IN FEBRUARY. UM, OUR STATED GOAL AND TIMELINE WAS TO COM PTAC TO COMPLETE THE REVIEW OF THE AMENDMENTS BY THE END OF JUNE. CURRENTLY, PTECH IS ON TRACK TO WRAP UP, UM, OUR CONSIDERING CONSIDERATION OF THESE AMENDMENTS SEVEN WEEKS EARLY ON MAY THE NINTH. UM, WE WOULD LIKE TO TAKE ADVANTAGE OF THE EXTRA TIME BY PROPOSING THAT WE UTILIZE THESE WEEKS TO THOROUGHLY BRIEF, UH, BOARDS IN CONSIDERATION AND ACTION, UM, RUNS SMOOTHLY. SO FOR BOARD OF ADJUSTMENTS, WE ARE PROPOSING TO HAVE A WORK SESSION ON JULY 18TH, UM, TO IT. WE'RE ANTICIPATING IT'LL BE ABOUT 10 TO 15 AMENDMENTS AND A FORMAL ACTION ITEM ON THE AGENDA FOR JULY THE 18TH AS WELL. AND WE WILL BE SENDING OUT THOSE AMENDMENTS WELL IN ADVANCE. DOES ANYBODY HAVE ANY QUESTIONS ON THAT? NO. AND SO WE'LL, WE'LL [01:55:01] GET, DEFINITELY GET THEM BEFORE THEY'RE PRESENTED AND BEFORE WE'RE EXPECTED TO VOTE ON THEM. UH, COMMISSIONER CRUZ, DID YOU, WERE YOU GONNA POINT? NO, I JUST WAS WONDERING, IS THAT ONE OF OUR REGULAR BOARD MEETINGS AND I SEE THIS CALENDAR YESTERDAY IS, SO IT'D BE BEFORE OUR BOARD MEETING. THE WORK SESSION WOULD BE, UM, BEFORE THE BOARD MEETING. AND THEN THAT MEETING WILL HAVE AN ACTION ITEM TO CONSIDER THOSE 10 TO 15 U D C AMENDMENTS FOR CONSIDERATION. OKAY. I'VE SEEN MOST OF 'EM, BUT, OKAY. SOUNDS LIKE A PLAN. THANK YOU. GREAT. ANYONE ELSE, UH, HAVE ANY QUESTIONS OR COMMENTS HEARING? NO. THANK YOU SO MUCH. OH, THANK YOU. AND I, I WOULD LIKE TO EXPRESS MY, MY DEEP THANKS FOR EVERYBODY HERE STICKING AROUND AND, AND YOU KNOW, REALLY, UH, COMMISSIONER LYNN FOR COMING IN. I KNOW YOU COMING IN. I KNOW YOU, YOU WEREN'T HERE. I MEAN, THAT, THIS IS, I CAN'T BELIEVE THAT THIS ALL WORKED OUT. THIS IS GREAT. THANK YOU EVERYBODY. AND WE'RE STILL EARLY. YEAH. AND IT'S, AND IT'S, AND IT'S ONLY FOUR 30. SO WITH THAT, UH, I HEAR MY, UH, ADJOURN THE, UH, MEETING OF THE BOARD OF ADJUSTMENTS. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.