* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] UH, PARDON? OH YEAH, I'M SORRY. UH, WE'RE CALLING THIS MEETING TO ORDER. ONE O'CLOCK. IF WE COULD HAVE THE SPANISH INTERPRETER, PLEASE COME MAKE THE PRESENTATION. THANK YOU VERY MUCH. UH, STAFF, CAN YOU PLEASE CALL ROLL MR. CHAIR. MR. CHAIR? STILL CAN'T, CAN'T HEAR YOU COMPLETELY. I DON'T KNOW IF IT'S YOUR MIC OR YOUR VOLUME. IS THIS, IS THAT BETTER? YES, SIR. I'LL LEAN FORWARD A LITTLE MORE. YEAH. THANK YOU SIR. . ALL RIGHT, IF WE CAN HAVE ROLL PLEASE. MR. SPIELMAN? PRESENT. MR. ALBERT? PRESENT. MR. MANCHACA? PRESENT. MR. VASQUEZ? PRESENT. MS. CRUZ? HERE. MR. MANNA PRESENT. MS. BRAGMAN? PRESENT. MS. KAPLAN? PRESENT. MS. LIND? PRESENT. MR. OZUNA PRESENT CHAIR ORIAN. AND I'M ALSO PRESENT. UH, WE HAVE A QUORUM. SO IF WE GO, IF EVERYONE COULD PLEASE STAND AND JOIN US IN THE PLEDGE OF ALLEGIANCE. I I SO BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A F 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 STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN THE PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE, SAN ANTONIO CITY COUNCIL, AND THEY'RE CLEARLY TO FIND 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, 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 IT AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT ORS 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, AND IN ORDER FOR A MOTION TO CARRY, IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESIDENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE RELIEF LAW RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUEST OF RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION REMARKS TO THE PERTINENT FACT OF YOUR CASE. STAFF. [ Briefing and Possible Action on the following items  ] STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXCEPTION, AND PROPERTIES WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS INDICATE THOSE PROPERTIES IN FAVOR OF THE REQUEST. AND AN EX INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS 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 [00:05:01] NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK. GROUPS CONSISTING OF THREE OR MORE CITIZENS WILL BE ALLOTTED NINE MINUTES TOTAL TO ADDRESS THE BOARD ON THE ITEM. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. THANK YOU. UH, SO I SEE THE FIRST ITEM IS POSTPONED. SO WE'LL START WITH ITEM NUMBER TWO, AND IF I MAY, UH, WE HAVE SOMEONE SIGN UP FOR PUBLIC COMMENT, UM, NOT ON ANY ITEM, ITEM ONE. OKAY. IT, IT'S JUST, UH, JUST PUBLIC COMMENT, GENERAL COMMENTS. THAT SOUNDS FINE. UH, LET'S HAVE HIM COME UP TO THE PODIUM. OKAY. BDO, THANK YOU FOR THE OPPORTUNITY TO SPEAK. MY NAME IS BIANCA MALDONADO. I'M SPEAKING ON AN ITEM THAT IS NOT AGENDIZED, UH, FOR PUBLIC COMMENT. MY ADDRESS IS 4 57 CLUB DRIVE, 7 8 2 0 1. AND I WAS COMING UP HERE TO SPEAK ABOUT, AS YOU KNOW, THERE'S U D C AMENDMENTS ON YOUR AGENDA LATER ON THIS AFTERNOON. BUT ONE OF THE AGENDAS, UH, AMENDMENTS THAT'S NOT ON THE AGENDA IS, UM, AMENDMENT DASH 23 DASH SIX. AND THIS IS FOR ACCESSORY DWELLING UNITS. AND SO I JUST KIND OF QUESTION WHY THAT'S NOT COMING TO YOU FOR A REVIEW BECAUSE IT'S SEEKING TO REMOVE BARRIERS. BUT THESE ARE MANY OF THE THINGS THAT YOU REVIEW TODAY, LIKE SETBACKS. THAT'S PRIMARILY ONE OF THE BIGGEST AMOUNT OF CASES SOMETIMES THAT YOU HEAR IN REGARDS TO INFILL DEVELOPMENT IN A RESIDENTIAL COMMUNITY. IT ALSO SEEKS TO CHANGE THE, THE SCALE OF THESE PROPERTIES, OF THE ACCESSORY DWELLING UNITS THAT ARE GONNA BE BUILT. SO I RAISE ON THAT PARTICULAR POINT WHY THAT AMENDMENT IS NOT BEING BROUGHT TO YOU AND BEING BRIEFED BEFORE THE BOARD OF ADJUSTMENT. THANK YOU FOR THE OPPORTUNITY TO COMMENT. THANK YOU VERY MUCH. WE HAVE ONE OTHER PERSON SIGN UP AND IF YOU WANNA WAIT FOR ITEM 12, THAT'S OKAY. BUT CYNTHIA SPIELMAN JUST WANTED TO CLARIFY. THANK YOU. ALRIGHT, SO FIRST CASE IS POSTPONE ITEM TWO. IT'S NOT WORKING. GOOD AFTERNOON. UH, B O A, UH, CASE 1 0 3 0 0 7 0 IS 1 0 6 VON PLACE APPLICANT CASSANDRA DART. AND IT'S A REQUEST FOR TWO FOOT FIVE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT, UH, ZONED R FOUR, AND APPLICANT IS REQUESTING A CONTINUANCE UNTIL SEPTEMBER 19TH. OKAY. NO ONE SIGNED UP TO SPEAK. NO VOICEMAILS, NO, NOT FOR THIS CASE. ALL RIGHT. SO I'M LOOKING FOR A MOTION RAGMAN COMMISSIONER. SECOND REGARD REGARDING CASE NUMBER BO BOA DASH 22 DASH THREE SEVEN. I MOVE THAT THE, UH, I MOVE, UH, FOR CONTINUANCE ON THE MOTION TO SEPTEMBER 19TH. SECOND, WE HAVE A MOTION BY COMMISSIONER ZUNA AND A SECOND BY COMMISSIONER BRAGMAN. UH, LET'S HAVE A VOICE, UH, ROLL CALL. VOTE PLEASE. MR. OZUNA. I CONCUR. MS. BRAGMAN? YES, I AGREE. MR. SPILLMAN. I CONCUR. MR. ALBERT. I CONCUR. MR. MANCHACA. I CONCUR. MR. VASQUEZ. I CONCUR. MR. CRUZ. YES, I CONCUR. MR. MANNA. I CONCUR. MS. KAPLAN I CONCUR. MS. LIND, I CONCUR. AND CHAIR ORIAN. I ALSO CONCUR. MOTION PASSES. ALL RIGHT, ITEM NUMBER THREE. UH, GOOD AFTERNOON ON BO O EIGHT. CASE NUM, UH, 22 1 0 0 3 0 0 0 7 6. I'M LOCATED AT 1 5 4 ROSEMONT, UM, LOCATED COUNCIL DISTRICT SEVEN APPLICANT BEING CLAUDIA, UH, DOME ON A REQUEST FOR A ONE, UH, FOOT VARIANCE FROM THE MAXIMUM 10 FOOT CARPI CARPORT HEIGHT REQUIREMENT IN A JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS TO ALLOW A CARPORT TO BE 11 FEET IN HEIGHT. UM, CURRENT ZONING IS RESIDENTIAL SINGLE FAMILY. UM, THE, THE APPLICANT HAS CONSTRUCTED A CARPORT THAT MEASURES 11 FEET IN HEIGHT. THE PROPERTY IS LOCATED WITHIN THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT, WHICH ALLOWS THE CARPORT UP TO 10 FEET IN HEIGHT. THE CONSTRUCTED CARPORT VIOLATES THE JEFFERSON, UH, NEIGHBORHOOD CONSERVATION DISTRICT N C D STANDARDS DESIGN STANDARDS. UM, THE APPLICANT PULLED A BUILDING PERMIT TO CONSTRUCT A CARPORT UPON THE N C D INSPECTION CONDUCTED BY STAFF. IT WAS FOUND AT THE HEIGHT OF THE CARPORT CONSTRUCTED, EXCEEDED THE 10 FEET THAT WAS ALLOWED BY THE BUILDING PERMIT. UH, PICTURE OF THE SITE PLAN, THE CARPORT ITSELF AND THE SURROUNDING AREA. UM, STAFF RECOMMENDS DENIAL AND, UM, BO O A 22 103 0 0 0 7 6 BASED ON THE FOLLOWING FINDINGS OF FACT, [00:10:01] UM, THE CARPORT DOES NOT UPHOLD, UPHOLD THE JEFFERSON NEIGHBORHOOD CONSERVATION DESIGN. UH, STANDARDS. UH, NOTIFICATION PLAN WAS SENT NOW WITH 27, UH, MALE NOTICES, THREE IN FAVOR, UM, ZERO IN OPPOSITION, AND A JEFFERSON NEIGHBORHOOD ASSOCIATION IS IN SUPPORT. UH, AND THAT WOULD CONCLUDE STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. BEFORE YOU GO, CAN YOU, CAN YOU, UH, DISCUSS ABOUT WHAT THE, IS THE HEIGHT TO THE SOFFIT OR TO THE ABSOLUTE TOP OF THE STRUCTURE? OKAY. CAN YOU REPEAT THAT QUESTION ONE MORE TIME? IS THE 10 FOOT HEIGHT REQUIREMENT TO THE SOFFIT OF, OF THE ENTRYWAY OR TO THE, TO THE UPPERMOST TOP HEIGHT OF THE TOP OF THE ROOF. I'M PRETTY SURE. HEIGHT. IT'S THE UPPERMOST PART. YEAH, THE UPPERMOST. OKAY. THANK YOU. MM-HMM. . ALL RIGHT. IS THE APPLICANT PRESENT? YES. HI. HELLO. PLEASE STATE YOUR NAME AND BEGIN YOUR PRESENTATION. HI, I AM CLAUDIA ROMERO. UM, PARDON ME, I'M KIND OF NERVOUS HERE. IT'S MY FIRST TIME. UM, SO YEAH, SO BASICALLY I GOT THE PERMIT. UM, THEY GAVE IT TO ME AND THEN IN SEPTEMBER, UM, THEY CAME OUT AND THEY PASSED IT. THE CITY CAME AND PASSED IT, AND THEN A COUPLE OF MONTHS LATER I GOT AN EMAIL SAYING THAT I NEEDED ANOTHER INSPECTION. AND SO WHEN THEY CAME OUT AND THEY DENIED IT BASED ON THE FACT THAT THEY SAID THAT MY CARPORT WENT UP TO THE 11 FEET, WHICH I WASN'T REALLY AWARE. I MEAN, I'M NOT, WE BUILT IT, MY HUSBAND AND MY BOYS AND MYSELF, WHICH HONESTLY, I THINK WE DID A GOOD JOB FOR NOT BEING CONSTRUCTION. YOU KNOW, WE'RE NOT CONSTRUCTIVE WORKERS, BUT I THINK WE DID PRETTY GOOD. UM, AS YOU CAN SEE, THE CARPORT THERE, THERE, THAT'S WHAT THE FINAL LOOKS LIKE. UM, IF YOU LOOK RIGHT ACROSS THE STREET, THERE IS A CARPORT, UH, QUITE HIGHER THAN THE 11 FOOT THAN MINE. SO I DON'T THINK ONE FOOT IS, YOU KNOW, TOO MUCH OF A PROBLEM. I MEAN, I, I DUNNO. AND THERE'S OTHER CARPORTS IN THE NEIGHBORHOOD AS WELL, AND IF YOU GO THROUGH THE BLOCKS, YOU KNOW, YOU'LL SEE OTHER CARPORTS AS WELL. SO I JUST, YOU KNOW, AND JEFFERSON NEIGHBORHOOD ASSOCIATION, UH, GO, YOU KNOW, AGREED WITH MY CARPORT AS WELL. AND I THINK THE LETTER SHOULD BE ON FILE AND NOT I HAVE A COPY. YOU KNOW, I'M MORE THAN WELCOME TO HAND IT OVER TO Y'ALL. OKAY. UM, STAFF, ANYONE SIGNED UP TO SPEAK VOICEMAILS? NO, NO ONE SIGNED UP. AND, AND JUST BEFORE WE OVER THIS UP TO QUESTIONS, UM, DID, DID, UM, AN INSPECTION STAFF INITIALLY APPROVE THIS AND, AND CLOSE IT, AND THEN THEY CAME BACK THREE MONTHS LATER AS, AS THE, UH, APPLICANT JUST SPOKE TO? I'LL HAVE TO LOOK INTO PREVIOUS EXP INSPECTIONS. UM, THE ONE THAT HAPPENED RIGHT BEFORE IT CAME TO B O A WAS THE N C D INSPECTION THAT FAILED. OKAY, THANK YOU. SO WE HAVE ANY COMMISSIONER QUESTIONS? MANNA, UH, Z OF FIRST AND THEN MANNA, UH, MR. ROMERO? I'M READY. YES. UH, CAN YOU SPEAK TO THE, UH, THE HARDSHIP THAT WOULD BE IMPOSED UPON YOU IF YOU WERE HAVE TO COMPLY WITH THE 10 FOOT, UH, HEIGHT RESTRICTION? I MEAN, FINANCIAL, FIRST OF ALL, OBVIOUSLY. UM, THAT'S A BIG ONE. UM, ANOTHER THING IS IT'S ALREADY COMPLETED. WE ALREADY FINISHED IT. I MEAN, I DON'T THINK, YOU KNOW, I MEAN, AS YOU CAN SEE RIGHT THERE, THAT'S WHAT IT ACTUALLY LOOKS LIKE. IT'S BEEN COMPLETED. I MEAN, WE DIDN'T EXCEED ON PURPOSE. IT WAS JUST A HUMAN ERROR ON OUR PART. AND SO WHEN YOU SUBMITTED THE PLANS, UH, WITH THE CITY, DID, DID IT HAVE THE HEIGHT ON THE PLANS? IT DID, AND LIKE I SAID, I MEAN, IT WAS, YOU KNOW, JUST CON YOU KNOW, HUMAN ERROR, YOU KNOW, ON OUR PART. AND, UM, WE PAID THE $500 THAT, YOU KNOW, THEY REQUESTED FOR US TO PAY, AND I THOUGHT I WAS PAYING THE ONE FOOT EX, YOU KNOW, EXCEED, YOU KNOW, THAT I EXCEEDED MM-HMM. . SO I THOUGHT WITH THAT, THAT WAS FINE. BUT THEN, LIKE I SAID, A COUPLE OF MONTHS LATER, UM, I GOT NOTIFIED THAT I NEED ANOTHER INSPECTION. I DO HAVE THE ORIGINAL PASSING OF THE PASSPORT BACK IN SEPTEMBER. OKAY. THANK YOU. THANK YOU, COMMISSIONER MANNA. SO THIS QUESTION'S FOR CITY, UM, YOU KNOW, SO WE'VE SEEN, UM, A NUMBER OF CARPORTS, UM, COME THROUGH AND MOST OF 'EM, OR A LOT OF 'EM HAVE THE PITCHED ROOFS. AND I'D FIND IT HARD TO BELIEVE THAT ALL OF THOSE, YOU KNOW, THAT WE'VE REVIEWED IN THE PAST, WERE BELOW 10 FOOT. SO IT'S KIND OF NEW TO ME. SO IT'S, FIRST I'VE HEARD THIS DIALOGUE AND SO, SO, SO IS IT, UM, TIMBERS ACROSS THAT REQUIRES A 10 FOOT OR IS IT THE COMPLETE SHAPE OR, SO WHAT, WHAT DEFINES WHERE THAT 10 FOOT CEILING IS? SO, UH, THIS IS THE, THIS VARIANCE IS FROM THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT. SO THE STRICTER HEIGHT REQUIREMENT IS IMPOSED BY THE N C D. OKAY, THAT MAKES SENSE THEN. OKAY. THANK YOU VERY MUCH. ALL RIGHT. ANY OTHER QUESTIONS? ALBERT? COMMISSIONER ALBERT, UH, THIS IS A QUESTION FOR STAFF OR THE APPLICANT. UH, I'M LOOKING AT THE N C D. I SEE THAT ACCESSORY STRUCTURES ARE ALLOWED TO BE 12 FEET OR 80% OF THE MAIN STRUCTURE. IS THIS 11 FEET DERIVED FROM THE 80% FORMULA, OR, OR DID, DID WE OVERLOOK SOMETHING? NO, THERE'S A FRONT YARD CARPORTS, [00:15:01] AND IT TELLS YOU THAT THEY HAVE TO BE ENTIRELY IN THE FRONT YARD, SET BACK, UH, AND CANNOT EXCEED 10 FEET IN TOTAL HEIGHT. SO THERE'S AN ACTUAL WRITTEN LANGUAGE IN THE N C D THAT SAYS NO MORE THAN 10 FEET. OKAY. SPECIFIC CARDBOARDS THEN. OKAY. THANK YOU. ANYONE ELSE? OKAY. UM, HEARING NONE, MA'AM. IF YOU'D LIKE TO, UH, ADD ANYTHING BEFORE WE, UH, MOVE ON TO A MOTION. UM, WELL, HERE'S THE ACTUAL MEASUREMENTS THAT WERE GIVEN TO ME WHEN THEY TOLD ME THAT I NEEDED TO SUBMIT FOR THE VARIANCE. SO AS YOU CAN SEE, IT DOES MEASURE 11 FEET IN TOTAL HEIGHT, WHICH, LIKE I SAID, I REALLY WAS, I WASN'T AWARE UNTIL THEY CAME AND TOLD ME THEMSELVES. UM, LIKE I SAID, WE DID, YOU KNOW, WE DID HAVE MEASUREMENTS AND THAT WAS OUR GOAL, BUT THAT WAS JUST HUMAN ERROR ON OUR PART, SO, OKAY. THANK YOU. MM-HMM. . ALL RIGHT. I'M LOOKING FOR A MOTION MANA COMMISSIONER ZUNA, REGARDING CASE NUMBER BOA DASH 22 DASH 0 3 0 0 7 6. I MOVE TO THE BOARD OF ADJUSTMENT. GRANTED REQUEST FOR ONE FOOT VARIANCE FROM THE MAXIMUM 10 FOOT HEIGHT REQUIRED BY THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS TO ALLOW CARPORT TO BE 10 FEET, UH, TO BE 11 FEET IN HEIGHT, SITUATED AT 1 5 4 ROSEMONT DRIVE, APPLICANT BEING CLAUDIA ROMEO. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. THE APPLICANT'S REQUEST TO ALLOW THE CARPORT TO BE 11 FEET IN HEIGHT WILL NOT BE CONTRARY TO THE PUBLIC INTEREST AS ADDITIONAL ONE FOOT CANNOT BE DIFFERENTIATED FROM OTHER CARPORTS. TWO DUE DUE TO SPECIAL CONDITIONS AND LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT HAVING TO CONFORM TO THE JEFFERSON NC D'S DESIGN STANDARDS OF A MAX HEIGHT OF 10 FEET. FOR A CARPORT, THIS MAY REQUIRE A POSSIBLE DEMOLITION OF THE CARPORT TO CONFORM AND MAY CAUSE AN UNNECESSARY HARDSHIP. THREE, BY GRANTING THE VARIANCE OF 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 REQUEST FOR THE VARIANCE FROM THE JEFFERSON INDYS N C D DESIGN STANDARDS TO ALLOW A CARPORT TO BE 11 FEET IN HEIGHT, WILL OBSERVE THE SPIRIT OF THE ORDINANCE. THE CARPORT WAS POSSIBLY ERECTED FOR PROTECTION FROM OTHER ELEMENTS. THIS WILL NOT ADVERSELY AFFECT SURROUNDING PROPERTIES IN THE IMMEDIATE AREA. FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL, WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. THE REQUEST FOR THE VARIANCE TO ALLOW A CARPORT TO BE 11 FEET IN HEIGHTS IS NOT LIKELY TO NEGATIVELY AFFECT THE ADJACENT NEIGHBORING PROPERTY. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL, NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS. AND THE DISTRICT WHERE THE PROPERTY IS LOCATED, UH, UH, THE STAFF FINDS IT APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES. IS THIS THING ON THE PROPERTY NOT MERELY A FINANCIAL IN NATURE AND OF MOTION. SECOND, SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER ZUNA? YES. SO I'M GONNA SUPPORT THE VARIANCE. I'M THE, UH, THE EXACT, UH, JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT OR THE JEFFERSON NEIGHBORHOOD, UH, ASSOCIATION IS IN SUPPORT AND WROTE A LETTER IN SUPPORT OF THIS. ALTHOUGH I THINK THE, UH, THE APPLICANT, UH, DID SUBMIT FOR PLANS THAT WERE APPROVED BY THE CITY. SHE GOT THOSE APPROVED AND SHE BUILT ACCORDING, UH, TO THOSE PLANS. AND THIRDLY, UH, WHEN YOU LOOK ACROSS THE STREET, DIRECTLY ACROSS THE STREET ON ROSEMONT DRIVE, THERE IS A DRIVEWAY. THERE IS A, A, A GARAGE THAT I WOULD SAY PROBABLY EXCEEDS THE, THE 10 FEET. UH, AND IT LOOKS VERY COMPARABLE TO WHAT THE APPLICANT, SO THE, THE CONTINUITY OF THE, OF THE NEIGHBORHOOD IS OBSERVED WITH THE, WITH THE CARPORT THAT SHE BUILT. SO I'M SUPPORTING THE MOTION COMMISSIONER MANNA. I CONCUR WITH MY COLLEAGUE. ALL RIGHT. IS THERE ANY OTHER COMMISSIONERS LIKE TO ADD? OKAY, HEARING NONE. STAFF, PLEASE TAKE A ROLL CALL. VOTE. MR. OZUNA. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MR. MANCHACA. I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ? YES, I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MS. LYNN, I CONCUR. CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. DO YOU HAVE ANY QUESTIONS YOU CAN PLEASE GET WITH STAFF? ALRIGHT, THANK YOU. UH, ITEM FOUR, PLEASE. AGENDA ITEM FOUR BO 8 22 1 0 3 0 0 1 3 9 11 0 2 WEST ASHBY PLACE, COUNCIL DISTRICT ONE APPLICANT PATRICK CHRISTENSEN. A REQUEST ONE, A FIVE FOOT VARIANCE FROM THE 10 FOOT SIDE SETBACK REQUIREMENT TO A REVERSE CORNER. LOT TO ALLOW A FIVE FOOT SETBACK ALONG WEST ASHBY AND TO A VARIANCE FROM THE BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT STANDARDS TO ALLOW A STRUCTURE TO BE SET. FIVE FOOT FROM THE SIDE PROPERTY ALONG ALONG WEST ASHBY. ZONING IS R THREE SINGLE RESIDENCE. THE PROPERTY SUBJECT IS LOCATED ALONG [00:20:01] ASHBURY PLACE NEAR BLANCO ROAD. THE PROPERTY IS CURRENTLY VACANT AND THE APPLICANT'S PROPOSING TO, TO BUILD A DUPLEX, A REQUEST FOR ONE, A FIVE FOOT VARIANCE FROM THE 10 FOOT SITE SETBACK REQUIREMENT FOR A REVERSE CORNER LOT TO ALLOW FIVE FOOT SITE SETBACK ON WEST ASHBY. AND TWO, A VARIANCE FROM THE BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT STANDARDS TO ALLOW A STRUCTURE TO BE FIVE FOOT FROM THE SITE PROPERTY SETBACK SITE PLAN. THE SUBJECT PROPERTY. SUBJECT PROPERTY, THEN THE SURROUNDING AREA, RECOMMENDATIONS. STAFF RECOMMENDS APPROVAL AND BO O A 22 1 0 3 0 0 1 3 9 BASED ON THE FOLLOWING FINDINGS OF FACT, THE SITE PLAN WITH THE FIVE FOOT SETBACK ALONG WEST ASHBURY PLACE WAS REVIEWED AND APPROVED BY CITY COUNCIL AS PART OF REZONING CASE. AND TWO, THE REQUESTED VARIANCE OBSERVES THE SPIRIT OF THE ORDINANCE NOTIFICATION PLAN, 20 NOTICES WERE MAILED OUT. THREE IN FAVOR, ONE OUTSIDE OF THE 200 FEET ZERO IN OPPOSITION. AND BEACON HILL NEIGHBORHOOD ASSOCIATION IS IN FAVOR. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. THANK YOU. ALRIGHT, THANK YOU. GOOD AFTERNOON COMMISSIONERS. PATRICK CHRISTENSEN. UH, THREE 10 SOUTH ST. MARY'S, SUITE 2,700. YOU MIGHT RECALL THIS CASE. IT'S KIND OF HAD A LOT OF, LOT OF ISSUES. WE HAD TO COME FIRST AND WE HAD TO REZONE IT, UH, TO THE R THREE CD WITH THE SITE PLAN APPROVED BY COUNCIL. THEN WE CAME TO THIS COMMISSION AND ASKED FOR A 10 FOOT VARIANCE FROM THE FRONT SETBACK. AND THEN WE, WITH, WITH THE REPL, WE HAD TO DO, 'CAUSE IT'S AN IRREGULAR LOT, I'LL EXPLAIN IF THIS THING WORKS. UM, WHEN THIS PROPERTY WAS ORIGINALLY PLATTED IN THE LATE TEENS, EARLY TWENTIES, ALL THESE LOTS FACED BLANCO, AND THEY WERE LONG THIS LOT IN THE BACK OF US WHEN IT WAS CREATED, IT WAS CREATED OUT OF THESE THREE LOTS. SO ALL THREE OF THESE LOTS ARE REGULAR. AND THAT'S KIND OF PART OF OUR, OUR ISSUE HAS BEEN, AND THIS PROPERTY'S BEEN VACANT AS FAR AS ANYONE CAN REMEMBER. IT'S JUST, IT'S SUCH A TIGHT PROPERTY. UM, SOME RIGHT OF WAY WAS TAKEN WHEN BLANCO WAS WIDENED YEARS AGO. SO WITH OUR SUBDIVISION PLATT, WE HAD SOME ISSUES WITH RIDE POSSIBLE RIGHT OF WAY DEDICATION AND BIKE LANES. WE HAD TO ASK FOR AN ADMINISTRATIVE EXCEPTION VARIANT REQUEST TO ALLEVIATE THAT PROBLEM BECAUSE THE CITY HAS NO FURTHER PLANS TO WIDEN BLANCO ANY FURTHER. SO THEN WHEN WE SUBMITTED OUR, OUR BUILDING PLANS FOR REVIEW, IT WAS CAUGHT THAT WE DIDN'T TAKE INTO ACCOUNT THE SIDE SETBACK ISSUE, UM, THAT STAFF MENTIONED. SO WE'RE REALLY HERE, UM, BEGGING FOR FORGIVENESS THAT WE HAVE, UH, ENCROACHED INTO THE SIDE SETBACK. UH, WE'RE REALLY EXCITED ABOUT TRYING TO DEVELOP SOMETHING ON THIS PROPERTY AS, AS WITH ANY INFILL DEVELOPMENT, THERE'S A LOT OF ISSUES. UM, THIS PROPERTY WAS CLEARLY IN A REGULAR LOT AND THESE ISSUES HAVE BEEN CREATED LONG BEFORE MY CLIENT EVER PURCHASED THE PROPERTY. UM, I DO HAVE SOME SUPPORT OF SOME OF SOME SURROUNDING PROPERTY OWNERS IN THE BEACON HILL NEIGHBORHOOD ASSOCIATION. I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE AND I WOULD RESPECTFULLY REQUEST YOUR SUPPORT. THANK YOU. HOPEFULLY THIS IS THE LAST TIME I COME BEFORE THIS BODY ON THIS CASE. . THANK YOU. ANY VOICEMAILS, PEOPLE SIGNING TO SPEAK? NO. ALRIGHT. ALRIGHT. ANY QUESTIONS FOR THE APPLICANT? MANNA COMMISSIONER MANNA. SO COULD YOU POINT OUT, SO ARE YOU LOOKING FOR FIVE FOOT ON BOTH SIDES THEN, OR, OR JUST ON, ON THE ONE, JUST ON THE ASHBY SIDE? YES, ON THE ASHBY SIDE. SO WE, WE'VE ORIENTATED THE PROP ORIENTED THE PROPERTY, SO THAT FRONTS ON BLANCO ROAD, UM, THE, THE FIVE FOOT, THE FIVE FOOT SETBACK ISSUE WE'RE HAVING IS BECAUSE IT'S A CORNER LOT. SO THERE'S ANOTHER HOME BACK HERE. THE NICE THING IS IT'S SETBACK A LITTLE BIT FURTHER. THAT'S WHY WE'RE ASKING FOR THE FIVE FOOT VARIANCE ON THE U D C. THE NEIGHBORHOOD GUIDELINES ALSO REQUIRE A 10 FOOT SETBACK HERE. THE NICE THING IS WITH THE HOUSE BACK HERE ABOUT, ABOUT THIS, THIS IS PROBABLY THE FRONT PORCH. WE PUSHED OUR PROPERTY PRETTY CLOSE TO BLANCO. THIS IS ALL DRIVEWAY. SO WE'RE NOT REALLY OBSTRUCTING ANY VIEWS, I DON'T BELIEVE WITH THIS REQUESTED VARIANCE. THANK YOU. ANY OTHER, ANY COMMISSIONER QUESTIONS? OKAY, I HAVE A QUESTION. UH, YOU HAD MENTIONED YOUR ZONE R THREE CD CORRECT? ON THE MAP THAT WE ARE SHOWN, IT WAS STILL R SIX. IT IS R THREE. OKAY. YES. AND THEN, UH, YOU HAD MENTIONED THE, THE SIDE BECK ON WEST ASHBY. IS THAT, IS THAT, UH, BECAUSE YOUR DRESSING IS ALL BLANCO OR IS IT, IS IT OFF ASHBY? IT'S BECAUSE WE'RE A, AND CORRECT ME IF I'M WRONG, KAYLA, IT'S BECAUSE WE'RE A CORNER LOT AND THERE'S A STRUCTURE BEHIND US, SO WE'RE NOT SUPPOSED TO BE ANY FURTHER TO ASH CLOSER TO ASHBY THAN THE FRONT OF THAT PROPERTY. THEN THERE'S ALSO A NEIGHBORHOOD CONSERVATION DISTRICT. OH, THE, IT'S THE N C D THAT'S DRIVING THIS. IT'S, IT'S BOTH. THERE'S A REQUIREMENT IN THE U D C AND THE N C D. OKAY. THANK YOU. THANK YOU. NO FURTHER QUESTIONS FOR ME. ANY LAST CHANCE? ANYONE ELSE? ALL RIGHT. HEARING NONE, I'M LOOKING FOR A MOTION OONA COMMISSIONER UNA, REGARDING CASE NUMBER BO EIGHT DASH 22 DASH 0 3 0 1 39. I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST BY PATRICK CHRISTENSEN FOR ONE, A FIVE FOOT VARIANCE FROM THE 10 FOOT SIDE SETBACK REQUIREMENT FOR A REVERSE CORNER LOT TO ALLOW A FIVE FOOT SETBACK ALONG WEST ASHBY AND INTO A VARIANCE FROM THE BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT STANDARDS TO ALLOW A STRUCTURE TO [00:25:01] BE, TO BE SET BACK FIVE FEET FROM THE SIDE PROPERTY LINE ALONG WEST ASHBY, SITUATED AT 1102 WEST ASHBY AVENUE. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE, OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT WHEN THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE SETBACK REQUIREMENT FOR A REVERSE CORNER LOT TO ALLOW FOR A FIVE FOOT, UH, SETBACK ALONG THE SIDE PROPERTY LINE, WHICH IS NOT FOUND TO BE CONTRARY TO THE PUBLIC INTEREST. UH, TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN A UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT BUILDING THE DUPLEX 10 TO 20 FEET FROM THE SIDE PROPERTY LINE, WHICH WOULD HAVE LITTLE TO NO ROOM FOR THE DEVELOPMENT. THE LOT SIZE WOULD NOT ACCOMMODATE THE PROPOSED STRUCTURE BASED ON THE CURRENT SIDE PLAN, WHICH PRESENT A UNNECESSARY HARDSHIP. BY GRANTING THE VARIANCE OF SPIRIT, THE ORDINANCE WILL BE OBSERVED AS AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE PROPOSED SITE SETBACK STILL PROVIDES A SIGNIFICANT BUFFER FROM THE PROPERTY LINE. THE REQUEST APPEARS TO OBSERVE THE SPIRIT OF THE ORDINANCE. UH, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS LOCATED. NO USES OF THE NOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THE VARIANCE. UH, 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. IF GRANTED, THE STRUCTURE WILL HAVE A FIVE FOOT SETBACK FROM THE SITE PROPERTY LINE, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE LOT HAS BEEN VACANT AND THE VARIANCE WILL ALLOW MORE FLEXIBILITY WITH THE DEVELOPMENT OF THE PROPERTY. THE SIXTH APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL. THEY'RE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT, WHICH THE PROPERTY IS LOCATED. UH, STAFF FINDS IS APPLIED TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER AND DO NOT APPEAR TO BE MERELY FINANCIAL IN NATURE. END OF MOTION, SECOND, SECOND, AND THE SECOND BY COMMISSIONER BRAGMAN. UH, COMMISSIONER ZUNA. RIGHT. SO I'M GONNA BE SUPPORTING THE MOTION. UM, I KNOW THE APPLICANT HAS BEEN WORKING DILIGENTLY TO, TO GET THE APPROPRIATE, UH, SETBACKS AND, AND, UH, VARIANCES REQUIRED TO DEVELOP THE PROPERTY. PROPERTY'S BEEN VACANT FOR YEARS AND YEARS. UH, THIS PROVIDES, UH, HOUSING WITHIN A MUCH NEEDED AREA OF THE CITY. UH, THERE'S, UH, CONCURRENCE FROM THE BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT, UH, WHICH WOULD, YOU KNOW, IT REPRESENTS THE NEIGHBORHOOD THAT'D BE MOST IMPACTED AND THEY SUPPORT IT. UH, AND WE DIDN'T HAVE ANY, UH, OPPOSITION FOR THE VARIANCES EITHER. SO, UH, SO IT PROVIDES A PATHWAY FOR THIS DEVELOPMENT TO GO FORWARD AND I SUPPORT THE MOTION. THANK YOU. COMMISSIONER BAGMAN. I CONCUR WITH MY COLLEAGUE. ALL RIGHT. IS THERE ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? ALL RIGHT. HEARING NONE, LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. OZUNA. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MR. MANCHACA. I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MS. LIN. I CONCUR. CHAIR ORIAN. AND I ALSO CONCUR. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. UM, NEXT CASE, PLEASE. UH, GOOD AFTERNOON, BO O A 22 1 0 3 0 0 0 9 0 LOCATED AT 1 3 3 0 WEST MULBERRY AVENUE IN COUNCIL DISTRICT NUMBER ONE, APPLICANT BEING JOSE GARZA. UM, A REQUEST FOR ONE, A ONE PARKING SPACE VARIANCE FROM THE MINIMUM SEVEN PARKING SPACES REQUIRED TO ALLOW A BUSINESS TO HAVE SIX PARKING SPACES. TWO, A NINE FOOT VARIANCE FROM THE MINIMUM 40 FOOT, UM, DRIVEWAY ACCESS REQUIREMENT TO ALLOW A DRIVEWAY TO BE 31 FEET. UM, THREE, A 75 FOOT VARIANCE FROM THE MINIMUM 125 FOOT DRIVEWAY LENGTH, ALLOWED TO ALLOW A DRIVEWAY TO BE 50 FEET AND FOR A 10 FOOT VARIANCE FROM THE MAXIMUM 20 FOOT SETBACK TO ALLOW A STRUCTURE TO BE 30 FEET FROM THE FRONT PROPERTY LINE. UM, THE CURRENT ZONING IS, UM, C ONE LIGHT COMMERCIAL. UM, THE SUBJECT PROPERTY IS CURRENTLY A VACANT CORNER LOT ON THE CORNER OF WEST MULBERRY AVENUE AND A FRONTAGE ROAD OF INTERSTATE HIGHWAY 10. UM, THE PROPERTY ZONE C ONE LIGHT COMMERCIAL DISTRICT AND THE APPLICANT IS PROPOSING TO CONSTRUCT AN OFFICE ON A PROPERTY UPON SITE VISITS. STAFF DID OBSERVE THAT THERE IS CURRENTLY NO ACCESS POINT FROM MS. WEST MULBERRY AVENUE AND NO ACCESS FROM THE ADJACENT FRONTAGE ROAD. UM, D S D TRAFFIC REVIEW THE REQUEST AND COMMENTED DUE TO THE LOT, DUE TO THE SMALLER SIZE OF THE LOT, AND IT BEING A CORNER LOT AT THE REQUESTED VARIANCE FROM WEST MULBERRY WOULD BE APPROPRIATE. THE SUBJECT PROPERTY HAD A PREVIOUS CASE HEARD BY THE BOARD OF ADJUSTMENTS FOR DIFFERENT REQUESTS. THE CASE WAS HEARD IN NOVEMBER, 2020, AND THE VARIANCE WERE APPROVED WERE ONE FOR A 10 FOOT VARIANCE FROM THE 15 FOOT TYPE B BUFFER YARD TO ALLOW A BUFFER YARD TO BE FIVE FEET ALONG THE EAST, UH, OF THE PROPERTY LINES. AND TWO, A FIVE FOOT VARIANCE IN THE, UM, 10 FOOT SIDE SETBACK [00:30:01] TO ALLOW A STRUCTURE TO BE FIVE FEET FROM THE EAST AND WEST PROPERTY LINES. UH, AND THAT IS THE CURRENT PICTURE OF THE SITE PLAN. UM, THE SUBJECT PROPERTY ITSELF AND THE SURROUNDING AREAS. UH, THIS IS SOME OF THE RENDITIONS OF THE, WHAT THE APPLICANT PROVIDED. UM, STAFFORD COUNTY 2 1 0 3 0 0 0 9 0 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, D S D TRAFFIC REVIEW THE REQUEST AND DID NOT FIND LIKELIHOOD OF ADVERSE EFFECTS. UM, THE LOT, THE SIZE OF THE LAW IS CURRENTLY 7,040 AND POINT 80 SQUARE FEET. AND THE SMALL SIZE AND LOCATION OF THE LOT PRESENT, UH, NECESSARY HARDSHIPS AND THE REQUESTED VARIANCE WILL AVOID THE LOT FROM BECOMING LANDLOCKED DUE TO LACK OF ACCESS. UM, THERE WERE EIGHT NOTICES MAILED, UM, ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE KEYSTONE HEIGHTS NEIGHBORHOOD ASSOCIATION. UM, THAT CONCLUDES THAT PRESENTATION AND THE APPLICANT IS PRESENT. OKAY, BEFORE WE GO, I HAVE A COUPLE, UH, TECHNICAL THINGS I NEED YOU TO CLARIFY. I'M SURE IT'LL COME UP. UH, THE 125 FOOT REQUIREMENT, THAT'S BECAUSE THE A THE ACCESS ROAD IS A, UM, UH, HIGHWAY. YES. UH, BUT ISN'T THERE A PROVISION IN THE CODE THAT ALLOWS IT TO BE, UH, 90% IF THERE'S LESS THAN 125 FEET POSSIBLE? UH, AND IT SEEMS, I'M JUST CURIOUS IF THAT, HOW THAT CAME INTO ANY CALCULATIONS. UH, AND I'M ALSO, AND THE SECOND QUESTION IS, WE HEARD SOME, WE HEARD, UH, TESTIMONY THAT FROM Y'ALL ON THE REPORT THAT THERE WAS VARIANCES DONE IN 2020. DID THE APPLICANT PUT SOMETHING IN MOTION TO KEEP THOSE ALIVE OR ARE THOSE, UH, VACATED? SO IT'S MY UNDERSTANDING THAT YOU HAVE TO DO SOMETHING OR THEY, OR YOU LOSE 'EM. SO I'M JUST WONDERING HOW THAT COMES INTO PLAY TRAFFIC DAY WITH TRAFFIC. SO THE 1 25 THAT IT WAS IN THE SECTION BEFORE THE, THE, UH, ACCESS ROUTE THAT WILL BE TAKING EFFECT WITH THE NEW UPDATE. SO THAT ONE, UM, IT'S GONNA BE A POSSIBILITY OF THE 90, BUT IT'S REALLY DEPENDING ON WHERE IT IS, TEXT THAT'S RIGHT AWAY IN, BECAUSE I THINK THE FRONTAGE IS PROBABLY ABOUT 30, WHICH I MEAN, I HAVE TO GO VERIFY WHAT THE DIMENSIONS THAT THEY HAVE PROPOSED, WHICH STILL TECHNICALLY MAY BE IN TEXTILE. OKAY. A AS FOR THE SECOND QUESTION, YOU'RE CORRECT. YOU HAVE, UH, YOU HAVE ONE YEAR TO EXERCISE AN APPROVED VARIANCE. SO IF NO PERMIT IS ACQUIRED, NO PERMITS APPLIED FOR, THERE'S BEEN NO ACTION, THEN THOSE VARIANCES ARE NULL AND VOID. AND DO THEY, AND SO DO THEY, UM, DO THEY HAVE, BECAUSE THEY'RE NOT THERE MAY, THEY MAY NOT BE IN EFFECT ANYMORE. DO THEY EFFECT ANYMORE? DO THEY HAVE ANY EFFECT ON THE SITE PLAN THAT WE'RE SEEING TODAY? OH, THE PREVIOUS VARIANCE? WELL, OH, THEY DID SUBMIT FOR PLANT. THEY HAD SUBMITTED THEIR PLANS FOR PLAN REVIEW. SO AS LONG AS THERE'S ACTIVE ACTIVITY WITH THEIR PLANS, THEN THEY WOULD STILL BE VALID. OKAY. I JUST WANTED TO MAKE SURE THAT THERE, THAT WAS SOMETHING ELSE THAT WAS GONNA COME UP. ALRIGHT, WE'RE GONNA, UH, IS THERE ANY VOICEMAILS OR ANYBODY SENT TO SPEAK ON THIS ONE? NO, NOT IN THIS CASE. NOPE. ALL RIGHT. LET'S OPEN THIS, OPEN THIS UP TO QUESTIONS, OR AT LEAST, I'M SORRY, I APOLOGIZE. I JUST HAD THE APPLICANT COME FORTH. , IF YOU COULD PLEASE STATE YOUR NAME AND BEGIN YOUR PRESENTATION PLEASE. YES. UM, HELLO, I'M ROLAND, UH, JOSE ROLANDO GARZA. UH, I'M THE APPLICANT AND THANK YOU FOR HAVING ME. UM, YES, WE DID SUBMIT SOME, UH, THE FLOOR PLANS BEFORE THE, THE EXPIRED FOR THE, FOR THE O THE OFFICE BUILDING. SO, UM, I DON'T KNOW, I, I CAN SAY A LITTLE BIT ABOUT MYSELF. UM, I'VE BEEN IN BUSINESS FOR A LITTLE BIT OVER 23 YEARS, UH, A FEW YEARS BACK, BACK IN 2015, WE BOUGHT THIS PROPERTY. UM, IT WAS, UH, ORIGINALLY IT WAS, UH, RESIDENTIAL. WE TURNED IT INTO COMMERCIAL. UM, TRYING TO BUILD SOME O AN OFFICE BUILDING FOR OURSELVES. AND, UM, THIS WE'RE, IT'S TAKEN A LITTLE BIT OF A TIME, BUT WE'RE HOPEFULLY CLOSE. ALRIGHT. ALRIGHT. THANK YOU VERY MUCH. UH, WE'RE GONNA SEE IF YOU HAVE ANY QUESTIONS, ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? HOW MANY EMPLOYEES DO YOU HAVE? A COMMISSIONER KAPLAN, COMMISSIONER KAPLAN. SO WE'RE FOUR, FOUR EMPLOYEES. UM, WHAT WE DO, WE SELL, UM, WE OFFER P O S SYSTEMS, POINT OF SALE SYSTEMS FOR MOSTLY RESTAURANTS. YOU KNOW, THE, WHERE YOU PUT IN ORDER, SEND THEM TO THE KITCHEN, UM, BASICALLY THE TECHNOLOGY TO TRY TO KEEP THE, THE RESTAURANTS AS EFFICIENT AS POSSIBLE. UM, AND, UM, YEAH, YEAH, THANK YOU. BUT TWO, NOW, UH, TWO OF THE EMPLOYEES ARE, UH, I HAVE TWO IN THE OFFICE AND THE OTHERS ARE OUTSIDE SALES. THEY'RE NOT, NOT IN THE OFFICE. SO YES. QUESTION WAS TO TRY TO DETERMINE IF SIX SPACES IS IS OKAY FOR YOUR, THE SIZE OF YOUR OPERATION. [00:35:01] YEAH, SO YEAH, WE HAVE TWO EMPLOYEES IN THE OFFICE AND THE OTHERS ARE IN DIFFERENT PARTS OF THE TEXAS THAT THEY SEND US. BUSINESS. YEAH, MENKA, BRAGMAN, COMMISSIONER MINKA, AND THEN COMMISSIONER BRAGMAN. SIR, I'LL JUST HAVE A QUESTION. UH, IT APPEARS THAT NEXT DOOR TO YOU, THERE'S A RESIDENCE. IS THAT YOUR RESIDENCE OR SOMEBODY ELSE'S? NO, IT'S SOMEBODY ELSE'S IN REFERENCE TO THE LIGHTING OF THE BUILDING. HOW WILL YOU LIGHT THAT? AND WILL YOU FLOOD THEIR PROPERTY OR THE HOME? NO. YEAH, NO. THANK YOU. MM-HMM. , COMMISSIONER BRAGMAN, UM, A FOLLOW UP TO COMMISSIONER KAPLAN'S QUESTION. SO DO YOU GET MANY PEOPLE WHO COME TO YOUR BUSINESS? NO, WE TYPICALLY, WE, WE GO TO THEM. UH, WE, LIKE I SAID, WE SELL P O S SYSTEMS AND WE DO DEMONSTRATIONS ON THEIR RESTAURANTS AND THEY SEE THE TECHNOLOGY, SEE WHAT THEY'RE GONNA BE NEEDING. UM, IT'S, IT'S MOSTLY, YOU KNOW, WE PROGRAM EQUIPMENT THERE. WE, UH, GO AND INSTALL IT, TRAIN THEM, UH, THINGS OF THAT. UM, YEAH, IT'S MOSTLY OFFICE SPACE. YOU KNOW, WE'VE BEEN LEASING OFFICE SPACE FOR THE LAST 23 SOME YEARS. UH, ONE OF OUR GOALS AS A BUSINESS WAS TO OWN OUR OWN BUILDING, RIGHT? UM, AND, UH, LIKE BACK IN 2015, WE BOUGHT THAT PROPERTY AND, UH, HOPEFULLY, YOU KNOW, UH, HAVE OUR OFFICE BUILDING THERE AND, UM, MAYBE TURN ANOTHER ONE OF THOSE RESIDENTIAL PROPERTIES ON I 10 INTO COMMERCIAL. RIGHT? UM, SO THAT'S OUR GOAL. BUT YOU'RE NOT INTENDING TO LEASE OUT ANY OF THE SPACE TO, TO ANOTHER BUSINESS. SO THE, THE SPACE THAT WE HAVE THERE, IT'LL PROBABLY JUST BE FOR US, IT'S NOT HUGE. YEAH. OKAY. ANY OTHER QUESTIONS? ALL RIGHT, I HAVE A QUICK QUESTION. UH, SO ON THE AGENDA, STAFF HAS A RECOMMENDATION OF DENIAL, BUT IN THE STAFF REPORT IT LOOKS LIKE THEY'RE RECOMMENDING APPROVAL. I'M JUST WONDERING, UH, WHICH ONE STAFF RECOMMENDS APPROVAL. ALRIGHT, THANK YOU. ALRIGHT, IF THERE'S NOTHING ELSE, UH, YOU, YOU CAN HAVE A SEAT. WE'RE GONNA GO AHEAD AND, UH, ASK, I'M GONNA REQUEST A MOTION MANNA COMMISSIONER MANNA, REGARDING CASE NUMBER BO 8 2 2 1 0 3 0 0 0 9 0. MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE, A VARIANCE FROM THE MINIMUM PARKING REQUIREMENT OF SEVEN PARKING SPACES TO ALLOW A PROPOSED BUSINESS TO HAVE SIX PARKING SPACES. TWO, A NINE FOOT VARIANCE FROM THE MINIMUM 40 FOOT SIDE DRIVEWAY ACCESS REQUIREMENT TO ALLOW A DRIVEWAY TO BE 31 FEET. THREE, A 75 FOOT VARIANCE FROM THE 125 FOOT MINIMUM DRIVEWAY LENGTH TO ALLOW A DRIVEWAY TO BE 50 FEET AND FOUR, A 10 FOOT VARIANCE FROM THE 20 FOOT MAXIMUM TO ALLOW A STRUCTURE TO BE 30 FEET FROM THE FRONT PROPERTY LINE SITUATED AT 1330 WEST MULBERRY AVENUE, APPLICANT B AND JOSE GARZA, 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 AN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. THE REQUESTED VARIANCE, UH, VARIANCES DO NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST AS A LOT IS CURRENTLY VACANT, AND THE VARIANCES WILL PREVENT THE LOT FROM BEING LANDLOCKED. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LIBERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT HAVING TO MEET THE CODE REQUIREMENT AND SETBACK, WHICH LEAVES NO SPACE FOR THE DEVELOPMENT OF THE LOT. THE LOT APPEARS NOT TO BE DEVELOPABLE, UH, AS THE COMMERCIAL LOT WITHOUT THE VARIANCES. 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 VARIANCE FOR THE MINIMUM PARKING DRIVEWAY ACCESS AND MAXIMUM FRONT SETBACK MAY NOT NEGATIVELY AFFECT THE SURROUNDING AREA AS D S E TRAFFIC REVIEWED AND DID NOT RAISE CONCERNS. 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 OTHER USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED FOR 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 THIS PROPERTY IS LOCATED. STAFF FINDS REQUESTING LOT IS NOT LIKELY TO NEGATIVELY AFFECT THE ADJACENT NEIGHBORING PROPERTIES DUE TO D S D TRAFFIC REVIEW, NOT RAISING CONCERNS ABOUT THE DRIVEWAY LENGTH AND ACCESS, MINIMUM PARKING AND MAXIMUM SETBACK VARIANCE REQUEST, UH, WILL NOT INJURE THE AREA OR ALTER THE MINIMUM, UM, PARKING, UH, UH, ALTER THE CHARACTER OF THE DISTRICT. SORRY, UH, SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE PLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT TO IS DUE TO UNIQUE CIRCUMSTANCES [00:40:01] EXISTING ON THE PROPERTY, SUCH AS THE SMALL AMOUNT AVAILABLE SPACE AND LOCATION OF A LOT END OF MOTION. RIGHT. WE HAVE A SECOND, SECOND, SECOND, SECOND BY COMMISSIONER KAPLAN. COMMISSIONER MANNA. SO I'LL, I'LL BE VOTING IN FAVOR OF THIS, UM, FOR A COUPLE OF REASONS. ONE, I THINK THIS IS A GOOD USE OF THIS PROPERTY, UM, AS IT DOES SIT ON THE, UM, UM, ON THIS ACCESS ROAD. UM, ALSO, YOU KNOW, I THINK WITH THE TRAFFIC ANALYSIS IT SHOWS THAT THERE'S NOT GONNA BE, UH, IMPACT, UH, OR, OR ANY, UM, NEGLIGIBLE IN OR HAVE NEGLIGIBLE IMPACT. UM, ALSO I THINK, UM, PER THE PREVIOUS DIALOGUE, UM, AND ONE OF THE QUESTIONS RAISED HERE IS THE IMPACT TO THE NEIGHBOR. I THINK THE BUFFER SPACE REMAINS, AND SO THEY HAVE TO, UM, YOU KNOW, PUT IN THE APPROPRIATE BUFFER IN THAT SPACE BETWEEN THIS AND THE RESIDENTIAL LOT. UM, AND THEN ALSO THEY TALKED ABOUT THE LIGHTING NOT IMPACTING THE NEIGHBOR. SO BECAUSE THOSE REASONS I'LL BE VOTING IN FAVOR. ALL RIGHT. COMMISSIONER KAPLAN? YEAH, AND I, I AGREE WITH EVERYTHING COMMISSIONER MANNA SAID. IN ADDITION, I THINK THAT THE AMOUNT OF PARKING SPACES IS ADEQUATE FOR THE BUSINESS, SO HAVING ONE EXTRA SPACE WILL NOT IMPACT ANYTHING. ALRIGHT, THANK YOU VERY MUCH. ARE THERE ANY OTHER COMMISSIONERS' LIKE TO ADD? UH, I WOULD LIKE TO ADD ONE THING. UH, THE, THE DRIVEWAY DOWN TO 31 FEET. I THOUGHT IF IT WAS, UH, IF IT WAS OVER 20, IT WOULD BE AN A E V R AND DONE ADMINISTRATIVELY OR DOES THAT, CAN THEY STILL COME TO US? WHAT'S THAT MEASUREMENT FOR ON THAT REQUEST? THEY HAVE WIDTH, 31 WIDTH. IS IT A WIDTH OR A DEPTH? I THOUGHT IT WAS A DEPTH. I THINK IT'S THE DEPTH. IT'S BASICALLY THE THROAT LENGTHS. BASICALLY IT'S NOT, YEAH. SO THE THROAT LENGTH IS 31. YEAH. AND THE REQUIREMENT'S 40, BUT I THOUGHT IF YOU HAD, THERE WAS A FEW ITEMS THAT THEY WERE REQUESTED TO GO TO AN A V R, BUT THEY WERE ALREADY COMING TO THOSE ZONING FOR THE SETBACK, SO THAT'S WHY THEY ADDED THAT. SO WE ARE ALLOWED TO HEAR THAT OFF THE BAT WITHOUT GOING THROUGH THE MINISTER. OKAY. JUST WANTED TO MAKE SURE. ALRIGHT, THANK YOU. ALL RIGHT. I HAVE NOTHING ELSE. UH, ROLL CALL, VOTE PLEASE. MR. MANO, I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ALBERT. I CONCUR. MR. MANCHACA. I CONCUR. MR. VAZQUEZ. I CONCUR. MS. CRUZ, I CONCUR. MS. BRAGMAN, I CONCUR THE FINDINGS OF FACT. MS. LIND. I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. ALL RIGHT, LET'S GO ON TO THE NEXT CASE. ITEM SIX, UH, BO O A 22 1 0 3 0 0 0 0 8. I'M LOCATED AT 5 2 1 5 DOVE NEST. I'M COUNCIL DISTRICT NUMBER SIX. I'M APPLICANT BEING HILLARD SOURED, UM, REQUEST FOR A VARIANCE TO ALLOW A NINE FOOT SOLID SCREEN FENCE ALONG THE REAR PROPERTY LINE, UM, IS ONLY ITS RESIDENTIAL SINGLE FAMILY R SIX. UM, THE APPLICANT HAS INSTALLED A NINE FOOT FENCE ALONG THE REAR PROPERTY LINE DUE TO ISSUES WITH PRIVACY. THIS, THE REQUEST IS DUE IS TO ALLOW AN EXISTING NINE FOOT TALL FENCE, WHICH WILL REQUIRE A VARIANCE DUE TO IT BEING TOLERATED IN EIGHT FEET. UPON THE SITE VISIT, STAFF COULD SEE THE DEFENSE STAFF COULD SEE THE FENCE FROM THE RIGHT OF WAY. UM, WHILE THERE ARE SOME ELEVATION CHANGES WITHIN THE NEIGHBORHOOD, STAFF DID NOT FIND ANY OTHER SIMILAR FENCES SEEN IN THE SURROUNDING AREA. ADDITIONALLY, THE PROPERTY TO THE REAR OF THE SUBJECT PROPERTY WAS FOUND TO BE SLIGHTLY HIGHER IN ELEVATION. THAT IS THE CURRENT PICTURE OF THE SITE VAN WITH THE FENCE BEING UP TO THE NORTH OF IT. UM, THAT'S THE SUBJECT PROPERTY ITSELF AND THE REST SHOULD BE THE SUBJECT FENCE. YOU CAN SEE HOW IT IS TOWARDS THE BACK. THAT'S HOW IT COULD BE SEEN FROM THE RIGHT OF WAY, AN ALTERNATE VIEW. AND THEN SURROUNDING AREAS. UM, RECOMMENDATION FOR IS FOR STAFF RECOMMENDS DENIAL AND BO A 22 1 0 3 0 0 0 0 8 BASED ON THE FOLLOWING FINDINGS OF FACT, UM, STAFF DID NOT FIND ANY OTHER OFFENSES IN THE SURROUNDING AREAS. SO THE REQUEST THAT APPEARS TO ALTER THE CENTRAL CHARACTER OF THE DISTRICT, UM, THE NOTIFICATION PLAN HAD 24 MAILED NOTICES, FOUR IN FAVOR, UM, AND OPPOSITION WAS FIVE. AND NOTICE NO RESPONSE FROM THE MSTY OAKS NEIGHBORHOOD ASSOCIATION. UM, THAT WOULD CONCLUDE STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU VERY MUCH. UM, IS ANY VOICEMAILS, APPS PEOPLE SIGN UP TO SPEAK? CITIZENS SIGN UP TO SPEAK? YES. YES, WE CAN, UH, START WITH THE VOICEMAILS. ALL RIGHT, THANK YOU. MY NAME IS NICOLE ANDERSON AT 5 2 0 6 DUB CIRCLE STREET, SAN ANTONIO, TEXAS. CALLBACK NUMBER IS 2 1 0 8 3 6 5 4 3 4. CALLING IN REGARDS TO CASE NUMBER B ZERO A 2 2 1 0 3 0 0 0 0 H. UM, MY VERDICT FOR THIS IS IN FAVOR OF THE NINE FOOT SOLID SCREEN FENCE ALONG THE REAR PROPERTY LINE AS PER DISCUSSION WITH [00:45:01] THE NEIGHBOR IGNACIO, UM, NOT THE NEIGHBOR WITH THE NINE INCH FENCE. SO THE NEIGHBOR WITH THE CAMERAS INSTALLED, THE NEIGHBOR HAS INSURED ME THAT HE WOULD REMOVE HIS CAMERA FROM ITS CURRENT LOCATION AND PUT IT IN A PLACE THAT IT WOULD NOT BE VIEWING MR. S'S BACKYARD OR MY BACKYARD BECAUSE IT DOES VIEW MY BACKYARD. AND THAT DOES ALSO MAKE ME FEEL VERY UNCOMFORTABLE, BUT HE ASSURED ME THAT HE WOULD MOVE THAT CAMERA, UM, FOR MR. SOMAR AS WELL AS FOR MYSELF. THANK YOU SO MUCH, UH, FOR THIS AND I APPRECIATE YOU. JUST FINE. HAVE A GREAT DAY. HELLO, MY NAME IS VALERIE PARSER. MACIAS. MY PHONE NUMBER IS (210) 630-1522. UM, I DO CURRENTLY LIVE AT THE ADDRESS OF 7 8 0 7 DOVE FLIGHT STREET, SAN ANTONIO, TEXAS 7 8 2 5 0. I'M CALLING IN REFERENCE TO CASE NUMBER B O A 2 2 1 0 3 0 0 0 0 0 8. UM, IN REGARDS TO THE PROPERTY ON 52 15 DOVE NEST, I HAVE NO ISSUES WITH HIM BUILDING A FENCE, UM, IN HIS BACKYARD FOR HIS PROPERTY LINE. UM, THIS GENTLEMAN IS JUST TRYING TO HAVE HIS PRIVACY. UM, THE NEIGHBORS BEHIND HIM HAVE BEEN GIVING HIM A LOT OF HARD TIME. HE IS AN OLDER GENTLEMAN WHO IS JUST TRYING TO MAKE SURE HE HAS PRIVACY. THAT NEIGHBOR, UM, PREVIOUSLY IN A CONVERSATION TOLD HIM HE CAN SEE ALL INTO HIS YARD AND PATIO AND SO FORTH. SO, UM, THIS INDIVIDUAL'S JUST TRYING TO MAKE SURE HE HAS PRIVACY FOR HIMSELF, HIS GRANDKIDS AND SO FORTH THAT GO OVER TO VISIT. SO I DON'T HAVE ANY PROBLEMS WITH IT. UM, YOU KNOW, I I HOPE THAT EVERYONE IS IN FAVOR FOR HIM DOING THIS. IT IS NOT HARMING ANYONE IN THE NEIGHBORHOOD. AND THIS GENTLEMAN IS, IS VERY NICE AND HELPFUL TO EVERYONE AROUND. SO, UM, IF YOU NEED TO CALL ME IF YOU NEED ANY FURTHER INFORMATION, UM, NOT A PROBLEM, YOU CAN GIVE ME A CALL. I WILL, UM, HOPEFULLY MY HUSBAND WILL BE ABLE TO ATTEND THE HEARING TOMORROW IN REGARDS TO, IN HIS FAVOR AS WELL. SO, UM, THANK YOU VERY MUCH. OKAY. UH, FIRST WE HAVE IGNACIO RODRIGUEZ. YOU CAN GO UP TO THE PODIUM TO GIVE YOUR COMMENTS. THESE ARE, THESE ARE THE, THE, UH, WHOSE SIDES. OKAY. YES. UH, MY NAME IS IGNA RODRIGUEZ. UH, I LIVE AT 52 10 DOVE CIRCLE. I'M 77 YEARS OLD. I'VE BEEN LIVING IN THIS HOUSE 36 YEARS. AFTER I RETIRED, I RETIRED FROM THE ARMY AS A DISABLED VET, 22 YEARS, ALSO RETIRED FROM CIVIL SERVICE KELLEY AIR FORCE BASE. IN, UM, IN AUGUST OF 2003, I HIRED A COMPANY TO COME AND REPLACE THE FINS THAT I HAD AND INSTALL A NEW ONE WITH THE CEMENT SLAB ALL THE WAY AROUND. AND, UM, I HAD ASKED MY NEIGHBOR TO MY RIGHT IF HE WANTED TO PITCH IN AND GO HALF WITH ME, AND HE SAID NO, AND I DIDN'T MIND IT. IT'S, IT WAS OKAY WITH ME. THEN I ASKED MY NEIGHBORING BACK IF HE WANTED TO GO HALFWAY THAT FENCE, AND HE ALSO SAID NO. AND THAT WAS NOT A PROBLEM. I ALREADY HAD THE MONEY SET TO PAY FOR THE WHOLE FENCE. WELL, AFTER COMPLETION OF MY FENCE, UH, MY NEIGHBOR CAME AND TALKED TO ME AND TOLD ME THAT HE LIKED THE WAY THE FENCE LOOKED. IT WAS GREAT. IT'S STILL GREAT. AND HE SAID HE OFFERED TO PAY HALF. AND I SAID, THAT'S FINE. AND HE PAID ME HALF. AND AS A GOOD NEIGHBOR, I ACCEPTED IT. WELL, UH, LAST YEAR, AT THE END OF THE LAST YEAR, HE, UH, ADDED THREE MORE FEET TO OUR SIX FOOT EXISTING FENCE. AND HE NEVER CAME TO ME. WE'RE BOTH OWNERS OF THAT FENCE. HE NEVER CAME TO ME AND ASKED ME IF HE COULD GO AHEAD AND PUT THE THREE FEET. HE JUST DID IT. HE NEVER ASKED H O A FOR APPROVAL, WHICH YOU NEED APPROVAL ANYTIME YOU BUILD [00:50:01] ANYTHING ON THAT NEIGHBORHOOD. AND HE STILL, AND HE FINISHED THE WHOLE FENCE. WE CALLED H O A H O A, TALKED TO HIM, I BELIEVE, AND MADE HIM STOP. UH, I THINK THAT HE DOES DESERVE HIS PRIVACY. I'M ALL FOR PRIVACY. SO WHAT I DID IS I ADJUSTED MY CAMERA AND I HAVE PROOF HERE. I CAN SHOW IT TO ANYBODY. MY CAMERA DOES NOT SHOW. IT SHOWS MY BACKYARD AND UP TO THE SIX FOOT FENCE, NOT THE THREE FEET. IT DOESN'T SHOW IT. SO HE'S GOT ALL THE PRIVACY AS FAR AS VIDEO'S CONCERNED. I DON'T GO OUT LOOKING OUT MY DOOR, LOOKING IN HIS BACKYARD. WE DON'T DO THAT. MY WIFE AND I, WE LIVE BY OURSELVES, SO I DO BELIEVE THAT HE SHOULD HAVE HIS PRIVACY, BUT I DO, I SEE THE FENCE, AND IT'S AN EYESORE. I DON'T KNOW IF YOU CAN PUT IT ON THE CAMERA, BUT IT'S AN EYESORE. AND THAT'S WHAT WE SEE EVERY DAY. AND WE HAVE A BIG TV GAME ROOM IN THE BACK WITH FOUR BIG LARGE WINDOWS AND TWO DOUBLE DOORS, GLASS DOORS, AND THAT'S ALL WE SEE RIGHT THERE. UH, SO, UM, YEAH, I, LIKE I SAID, I ADJUSTED MY CAMERA, BUT NOT ONLY THAT, BUT IT WAS NOT BUILT. MY FENCE WAS NOT BUILT TO HOLD THREE EXTRA FEET ON MY FENCE. AND YOU CAN SEE THAT IT'S BOWING STARTING TO BOW IN MY SIDE. SO, UM, I WOULD APPRECIATE IT IF YOU LOOK INTO THIS BECAUSE IT'S NOT SAFE. IF MY GRANDKIDS, MY KIDS COME OVER AND PLAY IN THE BACK, SOMEHOW SOMETHING HAPPENS THAT THE FENCE MAY FALL ON 'EM. I'M NOT SAYING THAT IT WOULD, I HOPE NOT, BUT IF IT DOES, UM, THAT'S NOT GOOD. OKAY, SIR. UH, YOUR TIME HAS EXPIRED. I, I CAN'T HEAR. OH, YEAH. UH, YOUR TIME HAS EXPIRED. IF YOU'D LIKE TO MAKE A QUICK CLOSING REMARK, THAT'D BE, THAT'D BE FINE. LIKE I SAID, I HAVE ALREADY ADJUSTED MY, MY CAMERA. IT DOESN'T SHOW HIS BACKYARD WHATSOEVER, SO I DON'T SEE, I DON'T SEE HOW, UM, THAT SIX, UH, THAT THREE FEET THAT HE ADDED TO IT, H O EIGHT DOES NOT ALLOW IT. THE CITY OF SAN ANTONIO DOES NOT ALLOW ANYTHING OVER SIX FEET. ALL RIGHT. AND, AND, AND I'M GOING BY WHAT SAN ANTONIO AND H O A SAYS. OKAY. THANK YOU, SIR. OKAY. YES, SIR. THANK YOU. THANK YOU. IS THERE ANYONE ELSE SIGNED UP? YES. UH, NEXT WE HAVE MARY RODRIGUEZ. YES, GOOD AFTERNOON. I AM A FEDERAL CIVIL SERVANT RETIREE, AND I SPEND THE MAJORITY OF MY TIME AT HOME ENJOYING THE SERENITY OF OUR NEIGHBORHOOD AND SPECIAL LOCATIONS WITH MY FAMILY AND FRIENDS. WE INSTALLED OUR SECURITY CAMERAS FOR SAFETY REASONS DUE TO A RESIDING ON A CORNER LOT, OUR ADVANCED AGING AND THE DETERIORATION OF MY HUSBAND'S HEARING. THE THREE FOOT EDITION OF BOARDS COMPLETED SINCE NOVEMBER 20, 21, 8 MONTHS AGO, TRULY ALTERS THE QUALITY OF OUR NEIGHBORHOOD WITH STRONG, WITH A STRONG WIND. THIS UNSIGHTLY, WORKMANSHIP COULD HARM SOMEONE ON BOTH SIDES OF THE BACKYARD FENCE. THIS LITERALLY FEELS AS AN IMPRISONMENT AND INFRINGEMENT ON OUR DAILY LIVES. I DO NOT SUPPORT THIS VARIANCE. THANK YOU. THANK YOU. CYNTHIA SEDILLO. OH, SORRY. I HAVE SOME OF THE SAME PICTURES. WANTING TO PUT . YEAH, LIKE, OKAY. HI, I AM CYNTHIA CILLO. I'M THE DAUGHTER OF MR. AND MRS. RODRIGUEZ. UM, WE HAD THEM PUT UP THE FENCE. UH, I MEAN, WE HAD THEM PUT UP THE CAMERAS BECAUSE [00:55:01] THEY'RE, THEY ARE ELDERLY AND MY BROTHER AND I BOTH HAVE RING, UM, UH, SO THAT, THAT WAY THEY CAN, YOU KNOW, WITH THE DOOR RING AND THEN THEY INSTALL IT ALL THE WAY AROUND. WE HAVE OURS ALL THE WAY AROUND OUR HOUSE ALSO. SO SOME HOUSES, THEY SIT UP HIGHER BECAUSE IT'S A ROLLING KIND OF TERRAIN. THEY CAN'T HELP THAT. THERE'S IS A LITTLE HIGHER THAN THE OTHER ONES DOWN THERE. ALL THE NEIGHBOR HAD TO DO WAS TALK TO MY FATHER. UM, I WAS LOOKING, YOU, YOU HAVE GOOGLE EARTH, LOOK RIGHT INTO YOUR YARD. YOU HAVE DRONES. WE JUST HAD A DRONE, UH, GO ONTO OUR, OUR ROOF THE OTHER, ANOTHER TIME. UM, BUT ANYWAY, I WAS LOOKING FOR MY PARENTS. UM, WITH YOUR ZONING VARIANTS, IT SAYS THAT, UM, NO VARIANT SHALL BE GRANTED. UM, FIRST OF ALL, THEY OWN HALF AND THEY DON'T WANT IT, SO THEY OWN HALF OF IT. THEY'RE THE ONES THAT HAVE THE BILL OF SALE. UM, YES, HE OWNS HALF OF IT, BUT HE JUST WENT AND STARTED TACKING ON THE BACK OF HIS FENCE AND HE TACKED IT. UH, I DON'T KNOW IF IT'S A, A PERSON THAT DOES A BUILDING FOR A LIVING, BUT HE TACKED IT. AND AFTER THE FOUR BOARDS WERE PUT UP, MY MOTHER STARTED CALLING THE H O A. SO I WAS LOOKING AT, UM, H O A CLEARLY SAYS SIX FEET. IT IS SIX FEET, NOT EIGHT THAT WAS PUT ON THE OTHER ONE, IT'S SIX FEET. AND THEN HE ADDED ANOTHER, UM, THREE FEET THAT COMES UP FROM THAT SIX FEET. UM, SO IT IS LIKE A PRISON, AND IT IS ALSO SEPARATING THE BOARDS ALREADY, AND SO WARPING AND SEPARATING IT WITH AN EXTRA WEIGHT. SO I SEE HERE ON YOUR H FOR YOUR, UH, ZONING WHERE IT HAS A, B, C, D, E, UH, IT SAYS TO MEET FIVE OF THE CONDITIONS. IS IT IN HARMONY WITH THE SPIRIT? NO. UM, PUBLIC, WE, WELFARE AND CONVENIENCE IS IT SUBSTANTIALLY SERVED, NO. . UM, THE, THE NEIGHBORING, UH, PROPERTY, WHICH WOULD BE US, IS THAT, UM, WILL NOT BE SUBSTANTIALLY INJURED BY, UH, SUCH PROPOSED USE. AND WE CAN'T GUARANTEE WITH A STRONG WIND, WE HAD TWO STRONG WINDS AND I WAS WORRIED ABOUT MY PARENTS. UM, LET'S SEE, D UM, ALTERING THE ESSENTIAL CHARACTER OF THE DISTRICT. IT DOES, YOU CAN'T FIND NOT ONE FENCE THAT HAS PEOPLE TACKED UP LIKE THAT, NOT ONE OTHER ONE. AND THEN, UM, E UM, IT SAYS, UH, WILL NOT WEAKEN THE GENERAL PURPOSE. SO I, I THINK WITH ALL OF THOSE, THERE'S AN ISSUE. AND, UM, JUST IN MY FINAL, UM, COMMENT THAT I DO, UH, MY, MY MOTHER AND FATHER HAVE LIVED THERE 35 PLUS YEARS, AND THEY ALWAYS KEEP THEIR PLACE NICE AND NEAT. AND I JUST WANTED TO ASK THE BOARD TO PLEASE NOT GRANT THIS VARIANT AND HAVE HIM TAKE IT DOWN. THANK YOU VERY MUCH. THANK YOU. HAS ANYONE ELSE SIGNED UP? YES. THE LAST PERSON WE HAVE IS GRACIE CANTU. HELLO EVERYONE. I, UH, LIVE AT 52 14 DOVE NAS, WHICH IS DIRECTLY ACROSS THE STREET FROM MR. SO, AND, UM, IT'S NOT, IT DOESN'T BOTHER ME. I TOTALLY AND COMPLETELY UNDERSTAND WHY HE DID IT. THE GENTLEMAN WITH THE CAMERA, I DON'T KNOW IF HE WAS ANGRY THAT DAY OR WHAT, BUT HE SAID, I HAVE FULL VIEW OF YOUR YARD AND YOUR PATIO, AND I CAN SEE EVERYTHING THAT'S GOING ON IN YOUR YARD. MARTIN DIDN'T SAY ANYTHING AT THE TIME, BUT THEN GOT TO THINKING, WELL, TO ME, THE MOST IMPORTANT THING IN OUR LIFE, THE FEW THINGS THAT WE GET TO HOLD ONTO IS OUR PRIVACY. I THINK PRIVACY IS THE ISSUE HERE, AND ESPECIALLY WHEN IT'S BEEN ADMITTED BY THE PERSON WITH A CAMERA THAT HE'S LOOKING INTO HIS YARD. I APPRECIATE THE FACT THAT HE SAYS HE'S CHANGED IT OR HE IS REMOVED IT, BUT DO WE KNOW, AND FOR HOW LONG? AND YOU KNOW, I, I TOTALLY AM FOR IT. PRIVACY IS ESSENTIAL AND I THINK THE FENCE NEEDS TO STAY UP NO MATTER WHAT. THANK YOU. AND HE'S HERE TOO. HE HASN'T BEEN CALLED TO SPEAK, SO, ALL RIGHT. THANK YOU. ALL RIGHT. WITH THAT, WE'RE GONNA HAVE THE APPLICANT COME UP AND, AND I'D LIKE TO HEAR THEIR PRESENTATION, PLEASE. [01:00:06] CHAIR, LEMME KNOW IF NEED A CHAIR. OKAY. THANK YOU. GOOD AFTERNOON, LADIES AND GENTLEMEN. MY NAME IS H MARTIN SEWARD. I'VE LIVED IN THE MISTY OAK SUBDIVISION FOR ALMOST 30 YEARS. IT'LL BE 30 YEARS IN AUGUST. I'M A VETERAN OF THE UNITED STATES NAVY. I'M A 73 YEAR OLD, RETIRED, DIVORCED SCHOOL TEACHER WITH 34 YEARS AS A HIGH SCHOOL HISTORY TEACHER. AFTER MY RETIREMENT IN 2009, I WORKED AS A SUBSTITUTE TEACHER FOR 10 ADDITIONAL YEARS. SO THOSE LAST 20 YEARS OF MY CAREER AND THE YEARS I SUBSTITUTE TAUGHT WERE WITH NORTHSIDE I S D. I HAVE TWO GROWN CHILDREN, FIVE GRANDCHILDREN. AND THEN AS OF THIS PAST FRIDAY NIGHT, I HAVE ONE GREAT-GRANDSON THAT FOUR POUNDS PREMATURE. AT THIS POINT, I WOULD LIKE TO STATE THAT I HAD A STROKE EARLIER THIS YEAR, AND IF I HAVE DIFFICULTY COMPLETING MY COMMENTS DUE TO BECOMING DIZZY, WOBBLY, OR SOME OTHER REASON, I MAY NEED TO SIT DOWN AND FINISH MY PRE PRESENTATION FROM A SEATED POSITION, IF THAT'S ALRIGHT. THE FENCE IN QUESTION IS LOCATED AT THE REAR OF MY PROPERTY, WHICH IS LOCATED AT 52 15 DOVE NEST STREET IN THE MR. OAK SUBDIVISION. THE PROPERTY DIRECTLY BEHIND MINE IS OCCUPIED BY MR. AND MRS. IGNACIO RODRIGUEZ, AND IS MORE HIGHLY ELEVATED THAN THAN MINE. ALTHOUGH THE ELEVATION IS NOT EXTREME, IT'S ENOUGH SO THAT ANYONE IN THE RODRIGUEZ'S BACKYARD HAS A VIEW OF MY BACKYARD AND PATIO. ALSO, MR. RODRIGUEZ CONSTRUCTED A LARGE WORKSHOP, WHICH CAN BE SEEN WELL OVER THE NEW EXTENSION ON THE FENCE, UH, AND ALSO FROM THE SIDE STREET, WHICH IS DOVE FLIGHT. I'M, I'M OKAY RIGHT NOW. THANK YOU. THE REASON I HAD THE FENCE EXTENDED ABOVE THE SIX FOOT FENCE ALREADY IN PLACE WAS BECAUSE THE RODRIGUEZ'S HAD A CAMERA OR CAMERAS, WHICH WERE DIRECTED TOWARD MY BACKYARD AND PATIO. I DIDN'T EVEN KNOW THAT THEY HAD CAMERAS UNTIL MR. RODRIGUEZ HIMSELF TOLD ME ONE DAY, WE HAVE CAMERAS ALL AROUND OUR HOUSE, THE OUTSIDE OF OUR HOUSE, THAT QUOTE AND UNQUOTE, HE ALSO STATED THAT THEY COULD QUOTE, SEE EVERYTHING THAT GOES ON IN YOUR BACKYARD AND ON YOUR PATIO, UNQUOTE. I WAS SHOCKED AT HIS STATEMENT AND DIDN'T KNOW AT THAT POINT WHAT TO SAY OR HOW TO RESPOND. SO I DIDN'T EITHER. BUT I TOLD ONE OF MY GOOD FRIENDS AND NEIGHBOR WHAT HAPPENED. HE OFFERED AT MY EXPENSE, OF COURSE, TO CONSTRUCT A VERTICAL EXTENSION ACROSS THE BACKSIDE OF THE FENCE AND ON MY SIDE OF THE PROPERTY ABOVE THE SIX FOOT FENCE THAT WAS ALREADY IN PLACE DURING THE TIME THAT MY FRIEND AND HIS YOUNG SON WORKED ON THE, ON THE FENCE. UH, AND THIS FRIEND OF MINE, BY THE WAY, ONLY HAS THE USE OF ONE ARM. HE WAS IN AN ACCIDENT SEVERAL YEARS AGO, UM, DURING THIS TIME THAT THEY WERE WORKING ON THE FENCE. MR. AND MRS. RODRIGUEZ WERE HARASSING HIM ALL OF THE TIME, BUT THEY SAID NOTHING TO ME DURING THIS TIME, ALTHOUGH THEY HAVE MY PHONE NUMBER, WE HAD ALWAYS HAD A CORDIAL RELATIONSHIP PRIOR TO THIS. AND, UM, THEY CERTAINLY KNOW, KNOW WHERE MY FRONT DOOR'S LOCATED, BUT THEY WERE WAITED UNTIL THE FENCE WAS COMPLETED TO TELL THE BUILDER THAT THEY WANTED TO TALK TO ME. THE BUILDER DID A VERY GOOD JOB OF ERECTING EXTENDED FENCE, AND IT IS NO, IN NO WAY AN EYESORE. IN FACT, IT LOOKS BETTER THAN A LOT OF FENCES IN THIS AREA. AND THAT INCLUDES, UM, AND THIS IS IN, UM, CONTRAST TO WHAT WAS STATED EARLIER, ONE FENCE IN PARTICULAR ON TREETOP STREET ALONG THE SIDES OF TWO HOUSES THAT ARE BACK TO BACK, ONE ON MISTY PARK STREET AND ONE ON HAWK HAWK TRAIL. AND THOSE SIDE FENCES ARE WELL OVER SIX FEET TALL. AS SOON AS THE BUILDER TOLD ME THAT MR. RODRIGUEZ WANTED TO TALK TO ME, I IMMEDIATELY CALLED HIM DURING THE CONVERSATION, WHICH STARTED OUT IN A CORDIAL MANNER, MR. [01:05:01] RODRIGUEZ BEGAN BERATING AND VERBALLY ATTACKING ME. HE SAID I HAD NO BUSINESS HAVING THE FENCE CONSTRUCTED, THAT I HAD A LOT OF GALL, AND THAT IT WAS UGLY. NEAR THE END OF THE CONVERSATION, MR. RODRIGUEZ SAID HE WANTED THE NEW EXTENSION OF THE FENCE REMOVED AND SAID, QUOTE, IT IS GOING TO COME DOWN. I EXPLAINED TO HIM WHY I HAD THE FENCE BUILT AS STATED PREVIOUSLY, BUT HE CONTINUED TO RANT AND FINALLY SAID THAT HE COULD BE A REAL, AND I'M NOT GONNA USE THE WORD IN HERE, CHILDREN PRESENT AND ALL. UM, AT THAT POINT, I ENDED THE CONVERSATION. A FEW WEEKS LATER, THE BUILDER BEGAN ADDING A HORIZONTAL LINE. IS DO YOU HAVE A PICTURE OF THAT BEGAN, UM, A HORIZONTAL LINE OF BOARDS, ABOUT A FOOT BELOW THE TOP OF THE FENCE TO MAKE IT, UH, SECURE, EVEN MORE SECURE. AND, UH, IF THAT, IF THAT FENCE BLOWS DOWN, ALL THE FENCES AROUND THERE ARE GONNA BLOW DOWN. UH, EVENTUALLY THE RODRIGUEZ IS, UM, OH ABOUT THE COMMENT THAT MR. RODRIGUEZ HAD MADE. UM, HE, UM, THE BUILDER WAS BEING ARRESTED AND HE SAID, TOLD THEM THAT HE WAS ONLY DOING THE JOB HE WAS HIRED TO DO. BUT FINALLY THE BUILDER STOPPED AND TOLD ME THAT HE WAS NOT GOING TO LISTEN TO ANY MORE HARASSMENT OR THREATS. AND, UH, AT ONE POINT, MR. RODRIGUEZ EVEN THREATENED TO SHOOT THE BUILDER. I WAS NOT OUT BY THE FENCE AT THAT TIME, I WAS IN MY HOUSE. SO I CAN'T VOUCH FOR THAT, THAT COMMENT, BUT I HAVE NO REASON TO DOUBT IT BECAUSE THE BUILDER HAS BEEN A GOOD FRIEND AND NEIGHBOR OF MINE FOR MANY YEARS. EVENTUALLY, THE RODRIGUEZ HAS COMPLAINED TO THE MR. YOSS HOMEOWNER, HOMEOWNERS ASSOCIATION AND LATER, STILL TO THE CITY, OF COURSE. UM, AFTER I HAD SEVERAL CONVERSATIONS AND DISCUSSIONS WITH NANCY CARDENAS, WHO IS THE PRESIDENT OF THE HOMEOWNERS ASSOCIATION, SHE RECENTLY TOLD ME THAT THE H O A WOULD GO ALONG WITH WHATEVER THE DECISION THE CITY MAKES. THE ONLY REASON I WANT THIS FENCE EXTENSION IS FOR THE SAKE OF PRIVACY FOR MY FAMILY AND ME. WE PROBABLY WOULDN'T BE HERE TODAY IF MR. RODRIGUEZ HAD NOT BRAGGED ABOUT HIS CAMERAS, WHICH I DID NOT EVEN REALIZE HE HAD UNTIL HE TOLD ME. I DON'T, I DO NOT WANT MY FAMILY AND I TO FEEL AS THOUGH WE'RE BEING OBSERVED AND PERHAPS FILMED WHENEVER WE GO UNDER THE PATIO OR INTO THE BACKYARD. IT'S SIMPLY A MATTER OF PRIVACY, WHICH MR. AND MRS. RODRIGUEZ VIOLATED. ALTHOUGH MR. RODRIGUEZ HAS, APPARENTLY I'VE HEARD, TOLD SER SEVERAL PEOPLE THAT HE HAS MOVED THE DIRECTION OF THE CAMERAS. I HAVE NO GUARANTEE THAT HE WILL ALWAYS, THAT THAT WILL ALWAYS BE THE CASE. I'VE HEARD MR. RODRIGUEZ MAKE A COMMENT AND THEN LATER EXPRESS THE OPPOSITE OPINION. HERE'S AN EXAMPLE. THERE'S A SOMETIMES HOMELESS MAN WHO DOES YARD WORK IN MR. YOSS, AND FOR OVER 10 YEARS, HE HAS STORED HIS EQUIPMENT IN THE STORAGE SHED ON MY PROPERTY AT NO COST. I'D LET HIM DO THAT. UM, WHEN THIS YARD MAN DOES NOT HAVE A PLACE TO STAY, UM, HE SLEEPS IN HIS VEHICLE ON THE SIDE STREET, THE FLIGHT, WHICH RUNS ALONG THE SIDE OF THE PROPERTIES OF MR. AND MRS. RODRIGUEZ AND ME. MR. RODRIGUEZ TOLD ME HE LIKED HAVING THE YARD MAN ON DOVE FLIGHT AS SECURITY. HOWEVER, JUST A FEW DAYS LATER, HE HARASSED THE YARD, MAN EXTENSIVELY, TOLD HIM HE COULD NOT PARK ON DOVE FLIGHT STREET, AND HE WAS BREAKING THE LAW AND WAS GOING TO CALL THE POLICE. SO, UM, THANK YOU FOR LISTENING TO MY PLEA AND FOR CONSIDERING MY REQUEST. APPRECIATE IT. THANK YOU. UH, WE MAY HAVE SOME QUESTIONS FOR YOU. SURE. IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? , I GUESS SO. COMMISSIONER MENCHACA, UH, SIR, UH, IN CONSTRUCTION, THE, THE ADDITIONAL FENCE PART FOR THE UPRIGHT, YOU KNOW, ABOVE THE EXISTING FENCE WAS, UH, SHRUBS BID, PUTTING SHRUBS IN ITS PLACE. WAS THAT AN OPTION TO YOU, SIR, TO, YOU KNOW, THEY GROW FAST AND COVER UP HIGHER THAN THAT? I HAVE SOME SHRUBS PLANTED BACK THERE, BUT THEY, [01:10:02] BUT THERE'S, I THINK I PLANTED FOUR TO START WITH AND THEN ADDED FOUR TO THEM WHEN I SAW HOW WELL THE ONES THAT WERE PLANTED WERE DOING. AND, UH, UH, THEY'RE THE, UH, RED HIP FLOS. YEAH. THAT WASN'T ENOUGH HEIGHT FOR YOU. IS THAT WHAT I'M, THAT'S WHAT I'M ASKING ALSO. RIGHT. COMMISSIONER KAPLAN, THANK YOU. SO THIS IS WHAT I UNDERSTAND. IT SOUNDS LIKE THIS IS A VERY BAD CASE OF MISCOMMUNICATION BETWEEN FORMALLY FRIENDLY NEIGHBORS. MM-HMM. AND, UM, SO INITIALLY ENGINE, WHEN THE RODRIGUEZ'S TOLD YOU THEY HAD A CAMERA, DID YOU SAY TO THAT YOU, YOU DID NOT TELL THEM, WOULD YOU PLEASE NOT AIM THEM AT MY YARD? I FIND THIS INVASION OF MY PRIVACY. SO THE QUESTION BECOMES, IF THIS IS REALLY THE ISSUE AND THE RODRIGUEZ HAVE SAID THAT THEY HAVE RE AIMED THEIR CAMERAS, ARE YOU OKAY WITH THAT? THEN YOUR, BUT YOUR ISSUE IS YOUR PRIVACY FROM WHAT WE HEAR. UM, I'M, I'M PLEASED THAT HE'S REMOVED THAT HE'S, UH, CHANGED THE POSITION OF THE CAMERA OR CAMERAS. SIR, CAN YOU BRING THE MICROPHONE UP A JUST BRING IT UP. JUST THANK YOU. BUT I HAVE NO GUARANTEE THAT THAT WILL ALWAYS BE THE CASE. UH, AS I SAID HIS WORD, UH, IT'S NOT ALWAYS THE SAME AS I GAVE THE EXPLANATION WITH THE YARD MAN, WHAT IF THEY PUT IT IN WRITING? THEY WILL NOT DO THAT. AND THEN YOU HAVE A WRITTEN GUARANTEE THAT THAT WILL NOT HAPPEN. WOULD THEY, WOULD THE RODRIGUEZ'S BE WILLING TO SAY, I SEE YOUR BUT YOUR THUMBS UP THAT YOU WILL NOT DO THAT. WOULD THAT MAKE YOU MORE AMENABLE TO THAT? IT WOULD MAKE ME MORE AMENABLE. OKAY. SO, UH, ALSO I WOULD, I WOULD BE WILLING TO COMPROMISE AND HAVE THE HEIGHT REDUCED TO JUST EIGHT FEET. 'CAUSE OKAY. SO I, LET ME, LET ME, UH, ASK A QUESTION. UM, DO YOU HAVE, WHOSE HOUSE IS HIGHER? YOURS OR THE NATE'S? NO, THE RODRIGUEZ IS HIGHER. IS HIGHER. IS IT A TWO STORY OR ONE STORY? THERE IS ONE STORY AND YOURS IS ONE STORY IS ONE, ONE STORY. JUST WANTED TO GET, GET THAT OUT THERE. UH, OKAY. ANY OTHER QUESTIONS? VASQUEZ? COMMISSIONER VASQUEZ? UH, YES, SIR. UH, UH, THIS IS ADDRESSED TO, TO THE PROPERTY OWNER. UM, WHAT, WHY IS THE, THE, AS I LOOK AT THIS PHOTOGRAPH, UH, THE END, THE, THE IS IS ANGLED DOWNWARD. THAT'S, YES. AND I WAS WONDERING WHY IS IT ANGLED DOWN? IT'S BEING, IT WAS BEING ANGLED DOWN UNTIL THE RODRIGUEZ'S UH, HARASSED THE BUILDER AND HE JUST STOPPED. BUT IT'S ANGLED DOWN. UH, BUT SO THAT IT WON'T BE SEEN FROM DOVE FLIGHT STREET, WHICH IS TO THE RIGHT. AND YOU'LL SEE THAT MR. RODRIGUEZ HAS A, UM, WORKSHOP WHO, WHICH IS YES, WHICH IS ABOVE THE HEIGHT OF EVEN THE NEW ADDITION TO THE FENCE. AND IT'S ALSO IN PLAIN VIEW OF THE SIDE STREET, THE FLIGHT STREET. THANK YOU. ALL RIGHT. UH, ANY OTHER QUESTIONS? MANNA, COMMISSIONER MANNA. SO NORMALLY, UM, SO BUILDING PERMITS ARE REQUIRED TO BUILD A FENCE. AND SO I, I ASSUME THE SAME IS REQUIRED TO ADD AN ADDITION TO A FENCE. SO WAS A BUILDING PERMIT CAPTURED FOR THE ADDITION ON THIS FENCE? NO. UM, AND THE SECOND THING THEN, I GUESS YOU, I'M LOOKING AT THE, I'M TRYING TO FIGURE OUT THE ANGLES. YOU, SO I'M LOOKING AT THE EASE OF THE HOUSE AND I DON'T KNOW WHERE THE CAMERAS ARE POINTED AND TRYING TO FIGURE OUT AS THEY'RE POINTING TO THE YARD. SO, SO LINE OF SIGHT, ARE YOU ABLE TO SEE THE CAMERAS FROM YOUR BACK PORCH? I GUESS WHERE THEY SIT? I DIDN'T, THE FENCE WENT UP. I DIDN'T EVEN KNOW THEY WERE THERE. OKAY. UNTIL HE TOLD ME. OKAY. SO ACTUALLY WOULDN'T MIND TALKING TO THE, UM, TO THE RESIDENT BEHIND IT. SO MR. RODRIGUEZ OR ONE OF THE RODRIGUEZ, I'M GONNA HELP HIM BECAUSE OKAY. CAN'T HEAR. OKAY. SURE. OR, OR IF YOU WANT ANSWER FOR HIM, THAT'S FINE TOO. OKAY. SO, SO, SO IF YOU COULD TAKE A SEAT, WE'RE GONNA HAVE A, YOU CAN TAKE A SEAT AND I'M GONNA ASK, SO I'M JUST GONNA PLEASE COME TO THE PODIUM. OH, UH, I'LL, OKAY. SO I GUESS FIRST QUESTION IS ARE, UH, I ASSUME THE CAMERAS ARE UNDERNEATH THE EA OR SOMEWHERE ALONG THE LINE. SO, SO WHERE ARE YOUR CAMERAS LOCATED CURRENTLY? ON THE BACKSIDE OF THE HOUSE? YES. SO, UM, IT'S WHERE YOU CAN SEE, UM, 'CAUSE THEY HAD A WHOLE BUNCH OF RACCOONS TOO. THEY HAD A LOT OF RACCOONS AND, UM, THEY, THEY WERE TEARING UP THE, UM, THEY HAVE THESE, UM, WHAT DO YOU CALL 'EM, UM, UMBRELLAS. THEY HAVE THESE, UM, UMBRELLAS THAT, UH, GO OUT AND THEN THE RACCOONS WERE SCRATCHING OUT AT THEM AND RUINING THEM. [01:15:01] SO, UM, THEY HAD IT, UM, IT JUST GOES TO THE FENCE LINE. YOU CAN POP IT UP OR YOU CAN PUT IT HOWEVER YOU WANT. REALLY. MY DAD HAS A PERMIT FOR THAT WORKSHOP. SO HE DID DO THE WORKSHOP. HE, HE DOES HAVE A PERMIT FOR THAT. WHEN HE PUT THAT AND BUILT THAT, UM, WE COULD PUT A CAMERA. UH, HE ALSO GOT A PERMIT FOR THAT FLAGPOLE THAT YOU SEE THAT'S ON THE OTHER SIDE OF THE, THE, THE WORKSHOP. THERE'S A FLAGPOLE. SO HE HAD TO HAVE A PERMIT FOR THAT. WE COULD PUT A CAMERA ANYWHERE WE WANT. WE COULD, WE COULD PUT ONE UP THERE. AND THEN WHAT IS HE GONNA BUILD ANOTHER, ANOTHER, UH, 60 FOOT WALL? I MEAN, HOW IT'S GETTING RIDICULOUS. SO ALL HE HAD TO DO, MY DAD WAS NOT BRAGGING, HE WAS NOT SAYING ANYTHING BAD. HE WAS TALKING TO HIM, TALKING ABOUT THE NEW CAMERAS THAT HIS CHILDREN HAD, UH, HELPED HIM PUT ON HE THAT THE MAN, UH, THAT IS, MA'AM, WE WANT TO KEEP IT YEAH. TO THE LINE OF QUESTION. SO, OKAY. SO, SO THE QUESTION, WELL, THE QUESTION I WAS ASKING IS, CURRENTLY, WHERE ARE THE CAMERAS LOCATED? ARE THEY LOCATED UNDER THE EAVES? UNDER THE EAVES, YES. UNDER THE EAVES. AND, UM, AND THE RING. SO WHEN YOU RING THE, THE FRONT DOOR, YOU KNOW, LIKE HE SAID, WE KNOW, YOU KNOW, WE KNOW WHERE HIS FRONT DOOR IS. HE KNOWS WHERE OUR FRONT DOOR IS. SO, UM, WE PUT A RING THERE AND THERE'S ONE ON THE SIDE WHERE THE, YOU CAN GET IN AND OUT OF THE DOOR, UM, WHERE OUR CARS ARE. AND THEN MY SECOND QUESTION IS THE HEIGHT OF YOUR PROPERTY TO THE FENCE LINE. SO WHAT IS THE DIFFERENCE IN HEIGHTS THERE? IS IT SIX INCHES, 12 INCHES ? THAT I DON'T KNOW. I KNOW, YOU KNOW, IT'S, I DON'T KNOW THE HEIGHT OF IT, BUT I MEAN, YOU CAN SEE FROM, RIGHT, FROM, FROM RIGHT THERE. UM, IT'S A ONE STORY. SO YOU CAN SEE THE PITCH OF THE, THE FIRST PART OF IT STAFF. CAN YOU, CAN YOU BRING UP PICTURE 50 OR PAGE 50 ON THE, ON THE POWERPOINT? OKAY. I'M GO UP A LITTLE MORE. SO YOU CAN SEE THERE'S A SIDE PROFILE VIEW WHERE YOU'RE LOOKING DOWN THE FENCE ON THIS ONE RIGHT HERE? YEAH, THAT ONE. SO YOU CAN SEE HOW IT OURS LOOKS. HAS, HAS IT PITCHED UP A LITTLE BIT LIKE THIS? SO I WASN'T NECESSARILY AT THE ROOF LINE. I'M LOOKING AT THE, THE, THE, THE GROUND ITSELF. AND SO IF YOU'RE SITTING IN YOUR BACK PORCH, HOW MUCH TALLER IS IT THAN THE, THAN THE FENCE LINE AT THE BACK? YOU KNOW, THE BOTTOM OF THE FENCE LINE. SO HOW MUCH OF A SLOPE IS IT? I DON'T KNOW HOW MUCH IT IS, BUT IT IS HIGHER. LIKE, IT, IT IS HIGHER, BUT DON'T, WELL, LET, LET ME TRY TO CLARIFY. IF YOU'RE STANDING ON YOUR PORCH, CAN YOU SEE OVER THE SIX FOOT FENCE? UH, THAT I CAN'T, I CAN'T REMEMBER. IT'S BEEN A YEAR SINCE THAT THING'S BEEN UP, SO, UM, I, I DON'T KNOW IF, SO MR. RODRIGUEZ, DO YOU WANNA COME UP FORWARD? SO ANSWER THAT QUESTION HE'S ASKING? YEAH. WHEN YOU STEP OUT OF MY BACK DOOR ON MY PA ON MY PATIO AND YOU LOOK OUT, YEAH, YOU CAN SEE HIS ROOF. I SEE HIS ROOF AND I CAN BARELY SEE UNDERNEATH HIS ROOF. MAYBE A FOOT, BUT YOU CAN'T SEE THE DOOR. YOU CAN'T SEE THE DOOR IN HIS BACK, IN HIS, IN HIS BACK, BACK DOOR. OKAY. OKAY. THANK YOU. YOU CAN SEE THE ROOF AND YOU CAN SEE MAYBE A FOOT UNDERNEATH THE ROOF. SO I HAVE A, SO THEN I HAVE A FOLLOW UP QUESTION THAT YOU WERE, YOU HAD PUT THIS FENCE ON A CONCRETE SLAB. ARE YOU RETAINING ANY, ARE YOU RETAINING ANY DIRT? OR IS THAT CONCRETE THAT'S ON THE BOTTOM OF THE FENCE SOLELY FOR STRUCTURAL SUPPORT OF THE FENCE? IT'S SO, IT'S STRUCTURAL. IT'S A, IT'S A CEMENT LITTLE SLAB. OKAY. THANK YOU VERY MUCH. YEAH, THAT MUCH. AND BECAUSE HE'S SO PARTICULAR, HE WANTED ALL OF THE SLATS TO BE NICE. IT LOOKS VERY NICE. UM, IS THERE ANY OTHER QUESTIONS? CAN I SAY ONE THING ONLY? ONE QUICK THING, SIR. REAL QUICK. I DID NOT SAY I WAS GONNA SHOOT SOMEBODY. I'M NOT, I'M NOT, I'M NOT THAT KIND OF A PERSON. I'M GONNA GO AND, AND TELL SOMEBODY THAT I'M GONNA SHOOT SOMEBODY. OKAY. NO, THANK YOU. THAT WAS, THAT WAS WRONG. ALL RIGHT. IS THERE ANY OTHER QUESTIONS? ALL RIGHT. HEARING NONE. UH, SIR, WE'RE GONNA GIVE YOU A, A MINUTE TO PROVIDE SOME CLOSING REMARKS. OKAY? UM, BUT PLEASE BE BRIEF WHAT HE WAS TALKING ABOUT WHEN, WHAT HE WAS TALKING ABOUT WHEN HE LOOKS TOWARD MY YARD WAS NOW PREVIOUSLY FROM HIS BACKYARD, HE COULD SEE MY BACKYARD AND MY PATIO AND MY BACK DOOR AND THE, THE, UH, WINDOW TO MY LIVING ROOM. OKAY. THANK YOU. MM-HMM. . ALRIGHT, SO WITH THAT I'M LOOKING FOR, UH, A MOTION, O ZUNA. I'LL TAKE A MOTION. COMMISSIONER ZUNA, REGARDING CASE NUMBER BOA DASH 22 DASH 0 3 8, I MOVED AT THE BOARD OF ADJUSTMENT GRAND [01:20:01] REQUEST FOR A VARIANCE TO ALLOW A NINE FOOT SOLID SCREEN FENCE ALONG THE REAR PROPERTY LINE SITUATED SECOND 5 2 1 5 DOVE NEST. APPLICANT BEING HILLARD SOARD 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 LITTLE 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. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT REQUESTS FOR A NINE FOOT FENCE WILL PROVIDE SAFETY FOR THE PRO PROPERTY AND WILL NOT ALTER THE APPEARANCE OF THE NEIGHBORHOOD. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN A NECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN APPLICANT HAVING TO REMOVE THE FENCE AND CONFORM TO THE SIX FOOT FENCE HEIGHT REQUIREMENT, WHICH WILL RESULT IN UNNECESSARY HARDSHIP AS THERE ARE ELEVATION DIFFERENCES. 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 REQUEST FOR THE VARIANCE TO ALLOW NINE FOOT, UH, SOLID SCREEN FENCE ALONG THE REAR PROPERTY LINE WILL OBSERVE THE SPIRIT OF THE ORDINANCE FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF A USE, UH, OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO OTHER USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WITHOUT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. UH, STAFF FINDS THE REQUEST FOR A VARIANCE TO ALLOW NINE FOOT SOLID SCREEN FENCE ALONG THE REAR PROPERTY LINE IS LIKELY NOT TO NEGATIVELY AFFECT THE ADJACENT OF NEIGHBORING PROPERTY AND PROMOTE SAFETY. AND SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF ASSAULT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL, NOT DUE TO OR THE RESULT, OR THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT. AS THE PROPERTY IS LOCATED, STAFF FINDS THAT APPLY TO THE ONLY, THE PROPERTY FOR ITS VARIANCE SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. SO IT'S AT THE SLIGHT ELEVATION CHANGE FOUND ON THE PROPERTY, UH, AND OF MOTION. I'M READING THE MOTION AS, AS IT'S PRESENTED. UM, I'M GONNA GET A PULSE OF WHAT THE BOARD IS AND WOULD, I WOULD ALSO ENTERTAIN, UH, AMENDMENTS TO THIS, UH, MOTION. IF, IF THAT IS WHAT THE BOARD FEELS. ALL RIGHT. IS THERE A SECOND? I'LL, I'LL SECOND. ALL RIGHT. COM . YOU, YOU GOT IT. COMMISSIONER CRUZ. THIS AS A SECOND. UH, COMMISSIONER ZUNA, IS THERE ANYTHING ELSE YOU'D LIKE TO ADD BEFORE WE GO TO COMMISSIONER CRUZ? UM, LET'S GO TO COMMISSIONER CRUZ. ALL RIGHT, COMMISSIONER CRUZ. OKAY. UM, I UNDERSTAND THE, I UNDERSTAND THE ISSUES, BUT RIGHT NOW I CAN'T SEE APPROVING THIS. I'M SORRY, BUT THERE'S NO WAY OF SAYING THAT THAT HAS TO STAY THERE. NOW, IF THERE'S A DIFFERENT OPINION OR IF WE CAN CHANGE THE FENCE HEIGHT, THEN I MIGHT AGREE WITH IT, BUT RIGHT NOW I CAN'T SEE YOU APPROVING IT. SORRY. THANK YOU. OKAY. COMMISSIONER KAPLAN. UH, COMMISSIONER KAPLAN. UH, I ALSO FEEL THAT THE FENCE SHOULD GO, HOWEVER, I DO FEEL THERE SHOULD BE SOME KIND OF ASSURANCES BETWEEN THE NEIGHBORS THAT THEY, THE PRIVACY OF MR. UH, SO IS, IS, UH, CA MAINTAINED? ALL RIGHT. BRAGMAN, COMMISSIONER BRAGMAN, I'D LIKE TO SUGGEST A FRIENDLY AMENDMENT. OKAY. UM, TO REDUCE IT TO EIGHT FEET BECAUSE THAT'S, THE APPLICANT SAID HE'D BE WILLING TO DO THAT. SO INSTEAD OF NINE FOOT, MAKE IT EIGHT FOOT. OKAY. COMMISSIONER CRUZ, I CAN GO WITH THAT. COMMISSIONER ZUMA, I'LL ACCEPT THE FRIENDLY AMENDMENT. ALL RIGHT. SO THE, WE HAVE FRIENDLY MOTION IS CHANGED TO AN EIGHT FOOT HEIGHT. IS THERE ANY COMMISSIONER, LIKE THE ADD TO THE DISCUSSION, ALBERT, COMMISSIONER ALBERT, UH, TO THE, THE FIRST AMENDMENT? THIS IS A, A DIFFICULT ONE BECAUSE BOTH FAMILIES, UH, SEEM LIKE VERY NICE PEOPLE. PEOPLE THAT I WOULDN'T MIND HAVING FOR NEIGHBORS MYSELF. SO IT'S TOUGH TO HAVE TO SAY CHOOSE SIDES, IF YOU WILL. UH, EVERYBODY SEEMS, UH, SINCERE. HOWEVER, I DO KNOW IN TEXAS THAT INCIDENTALLY OVERSEEING SOMEBODY'S PROPERTY, EVEN WITH A CAMERA, ISN'T A VIOLATION OF THEIR PRIVACY. IN ORDER TO VIOLATE THEIR PRIVACY, YOU HAVE TO AIM IT AT A BATHROOM WINDOW OR A BEDROOM WINDOW OR SOMEWHERE THEY WOULD EXPECT PRIVACY. UH, SO JUST INCIDENTALLY OVERLOOKING A BACKYARD ISN'T AN INVASION OF PRIVACY AND THE FENCE IS NOT WITHIN CODE OR THE H O A STANDARDS. SO IF I HAVE TO MAKE A CHOICE AND CHOOSE SIDES, UH, MY CHOICE IS THAT THE, THE FENCE SHOULD NOT BE ALLOWED TO REMAIN. UH, HOWEVER, I'D LOVE TO SEE THE APPLICANTS COME BACK WITH A COMPROMISE, UH, WITH A VARIANCE FOR AN EIGHT FOOT FENCE, UH, WITH A, A PROMISE TO PUT THE CAMERA DOWN BELOW FENCE HEIGHT LEVEL, SO THAT IT'S IMPOSSIBLE TO SEE OVER THE FENCE OR ANYTHING LIKE THAT. I'D BE EXCITED TO, TO SEE THAT. COMMISSIONER MANCHACA, UH, I AGREE. MY COLLEAGUE ALSO, I THINK THE ISSUE HERE, UH, POSITIVELY, ONE OF THE REMEDIES IS JUST LOWER THE CAMERAS, BUT THE FENCE, UH, I DO NOT AGREE WITH THAT EITHER, REGARDLESS IF IT'S LOWER TO EIGHT FEET. OKAY. SO I'M GONNA, I I NEED TO ASK STAFF A QUESTION. SO THE, UH, THE, THE HOMEOWNER ON THE OPPOSITE SIDE OF THE FENCE IN QUESTION INITIALLY PUT THE FENCE UP, PAID FOR THE FENCE PLANKS ARE ON THEIR SIDE. IF SOMEONE GOES UP TO A FENCE THAT WAS LEGALLY PERMITTED BY SOMEONE ELSE AND JUST PUT PLANKS ON THE OUTSIDE, IS THAT PERMITTABLE? IS IT? OR DOES IT HAVE TO BE COMPLETELY SEPARATE? HALF HALF [01:25:09] THE, THE OWNER OF THE FENCE HAS THE RIGHT TO MODIFY THE FENCE WITHIN THE LIMITS OF CODE. IF, IF IT WERE MULTIPLE PARTIES THAT SHARED IN THE EXPENSE, I THINK THAT GETS A LITTLE MORE DIFFICULT FOR US. 'CAUSE WHERE I'M GOING WITH THAT IS, IS THAT, YOU KNOW, UNLESS BOTH PARTIES JOINED IN ON THIS APPLICATION, EVEN IF THIS INDIVIDUAL, YOU KNOW, GOT A PERMIT, YOU KNOW, GOT APPROVAL FROM US FOR ANYTHING HIGHER THAN SIX FEET, WOULD THE CITY EVEN BE ALLOWED TO APPROVE IT IF THE OWN ORIGINAL OWNER OF THE FENCE WAS UN INCLUDED WITH THIS B O A APPLICATION OR ON THE PERMIT APPLICATION? THAT'S WHAT I'M JUST CURIOUS ABOUT. . WE ARE THE, THE OWNER, OH, HOLD ON, SARAH. WE'RE TRYING TO GET A TECHNICAL CLARIFICATION FROM STAFF. THE, THE PERSON ALLOWED TO MODIFY THE FENCE WOULD BE THE PERSON WHO OBTAINED THE PERMIT. AND SO JUST FOR THE BENEFIT OF THE APPLICANT AND THOSE PRESENT, UH, SO WHAT HAPPENS IS IF SOMEBODY COMES FORWARD WITH A, WITH A VARIANCE TO THE BO O A, UH, ONE PROPERTY OWNER, THEY GET THE VARIANCE, THE, UH, THE REAR PROPERTY OWNER. IT'S NOT TIED TO THE FENCE, IT'S TIED TO THE, THE PROPERTY. AND SO SINCE THIS FENCE WAS CONSTRUCTED BY THE NEIGHBOR, AND THEN THE OPPOSITE NEIGHBOR IS PUTTING UP THE FENCE, IT, IT COULDN'T BE ON YOUR FENCE BECAUSE YOUR FENCE IS NOT PART OF THIS. YOU'RE NOT A PARTY OF THIS APPLICATION. SO I THINK THERE'S, THERE'S, THERE'S SOME PERMITTING THINGS HERE. SO HE WOULD HAVE TO BUILD A PARALLEL FENCE. HE WOULD'VE TO BUILD A PARALLEL HIS OWN FENCE, NOT MAKE, NOT TIE IT TO AN EXISTING FENCE. AM I, AM I CORRECT ON THAT STAFF? THAT'S CORRECT. OKAY. SO KNOWING THAT, UM, I JUST WANTED TO PUT THAT OUT THERE. COMMISSIONER BRAGMAN, YOU WANTED TO ADD? WELL, NO, IT WAS JUST, MY QUESTION IS FOR STAFF, IT'S, I MEAN, IT SEEMS LIKE THERE'S A DISTINCTION BETWEEN WHO BUILT THE FENCE AND WHOSE PROPERTY THE FENCE IS ON WITHOUT A SURVEY. DO WE REALLY KNOW WHO, WHOSE PROPERTY IT'S ON? ALL WE KNOW IS THAT ONE PERSON APPLIED AND GOT AN APPLICATION AND CONSTRUCTED DEFENSE. UH, AND THEN AFTERWARDS SOMEONE CAME FORTH AND ADDED TO IT WITHOUT A PERMIT. THAT'S ALL WE KNOW. SO, SO WITH THAT, UH, IS THERE ANYTHING ELSE ANYONE LIKE TO ADD? UH, I, I'M NOT GONNA BE IN FAVOR OF THIS APPLICATION AS I DON'T THINK IT'S PERMITTABLE AT THIS TIME. AND THERE'S ALSO THE OPTION FOR PUTTING IN, UH, BUSHES ACROSS THE BACK. SO WITH THAT, UM, LET'S HAVE A ROLL CALL. VOTE. MR. OZUNA. SO, SO JUST FOR CLARIFICATION, THE VOTE RIGHT NOW IS FOR THE, UM, EIGHT FOOT HEIGHT OF THE FENCE? YES. AND THE FENCE WOULD HAVE TO BE INDEPENDENT OF THE FENCE OF THE NEIGHBOR. RIGHT. SO MR. UM, UH, WHAT'S HIS NAME? MR. SWARD. MR. SAUER WOULD HAVE TO BUILD HIS OWN INDEPENDENT FENCE WITH THE EIGHT FOOT HEIGHT ACROSS THE BACK. RIGHT. INDEPENDENT OF, OF, OR GET HIS NEIGHBOR TO JOIN IN ON CASE. SO AGAIN, MY, MY UNDERSTANDING, I KNOW THE MOTION WAS READ AS IT'S WRITTEN IN YOUR PACKET. THERE WAS A FRIENDLY AMENDMENT TO DROP THAT TO EIGHT FEET INSTEAD OF NINE. SO, WHICH COULD NOT BE ATTACHED TO, WHICH COULD NOT BE ATTACHED. OKAY. TO THE FENCE. OKAY. THAT WAS THE SUBJECT OF THE PROBLEM. AND THIS, I, I CONCUR. CAN I, CAN I SAY NO, WE'RE NOT, WE'RE NOT TAKING ANY MORE COMMENTS. SO, UH, HAVE A ROLL CALL. VOTE. MS. CRUZ. I CAN SAY I WOULD NOT BE IN FAVOR OF OFFENSE. I THINK THIS COULD BE WORKED OUT WITHOUT. WELL, WE'RE GONNA TAKE A, WE'RE GONNA TAKE A VOTE. SO, MS. CRUZ, I CONCUR. MR. SPIELMAN, I DO NOT CONCUR. MR. ALBERT. I DO NOT CONCUR. MR. MANCHACA. I DO NOT CONCUR. MR. VASQUEZ. I DO NOT CONCUR. MR. MANNA. I DO NOT CONCUR. MS. BRAGMAN? I CONCUR. MS. KAPLAN? I DO NOT CONCUR. MS. LIND? I DO NOT CONCUR. CHAIR ORIAN. AND I ALSO DO NOT CONCUR. UH, MOTION, UH, FAILS. NINE TO TWO. ALL RIGHT. UH, DOES ANYBODY NEED A BREAK OR CAN WE MOVE ON? HEARING NONE. NEXT CASE PLEASE. CHAIR. UH, YES. CAN WE HAVE A FIVE MINUTE BREAK, PLEASE? YES. OKAY. WELL, WE'RE GONNA TAKE A SEVEN MINUTE BREAK TO 2 35. IT'S 2 36. WE'RE GOING TO, UM, GET BACK TO WORK. ITEM NUMBER SEVEN, PLEASE. CHAIR. YES. WE NEED TO MAKE A CORRECTION TO THE ON THE PREVIOUS VOTE IT WAS DENIED. EIGHT TO THREE. EIGHT TO THREE. THANK YOU. NUMBER SEVEN. WE GOOD? GOOD. OKAY. NEXT ITEM IS, UH, BO O 8 22 1 0 3 0 0 8 0. ADDRESS IS 8 6 6 WEST VETTE COUNCIL, DISTRICT FOUR APPLICANT RENEE LA FUENTE. A REQUEST [01:30:01] FOR 1500 SQUARE FOOT VARIANCE FROM THE MAXIMUM 2,500 SQUARE FOOT TO ALLOW ALLOWANCE AN ACCESSORY STRUCTURE TO BE 4,000 SQUARE FEET. THE ZONING IS R FOUR, SINGLE RESIDENTIAL FAMILY DISTRICT. THE SUBJECT PROPERTY IS LOCATED AT 8 6 6 WEST VETTE. THERE IS CURRENTLY AN EXISTING SINGLE FAMILY RESIDENCE STRUCTURE ON THIS PROPERTY, AND THE APPLICANT IS OPPOSING TO CONSTRUCT A 4,000 SQUARE FEET, UH, DETACHED ACCESSORY STRUCTURE. THERE'S A SITE PLAN OF THE PROPERTY, SUBJECT, PROPERTY SIDE OF THE PROPERTY, AND THEY'RE PROPOSING TO PUT THE STRUCTURE ON THIS SIDE IN THE, IN THE REAR SURROUNDING AREA, SURROUNDING AREA. RECOMMENDATION ACCESSORY, STRUCTURAL VARIANCE. STAFF RECOMMENDS DENIAL AND B O CASE 22 1 0 3 0 0 8 0 BASED ON THE FOLLOWING FINDINGS OF FACT, THERE ARE NO HARDSHIPS ON THE PROPERTY THAT WILL ALLOW AN ACCESSORY STRUCTURE TO BE OVER 2,500 SQUARE FEET. NO OTHER ACCESSORY STRUCTURES OF SIMILAR SIZE WERE OBSERVED IN THE SURROUNDING AREA. NOTIFICATION PLAN, 24 NOTICES WERE MAILED. ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO REGISTERED NEIGHBORHOOD ASSOCIATIONS. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS AVAILABLE. THANK YOU. THANK YOU. UH, HAS ANYONE SIGNED UP TO SPEAK VOICEMAILS ON THIS ONE? WE DO HAVE, UM, SOMEONE SIGN UP TO SPEAK AND I'M NOT SURE IF IT'S THE PROPERTY OWNER, BUT, UH, MARIA DELVAL. DO DOES THE APPLICANT GO FIRST OR THE, UH, IT, IT'S, I'M, I'M USING MY DISCRETION. I'D LIKE TO SEE IF SOMEONE WANTS, IF SOMEONE HAS SIGNED UP, I'D LIKE TO HEAR THEM FIRST. OKAY. SHE'S THE OWNER. I'M THE APPLICANT. SO SHE, SHE WANTS TO SPEAK A LIST IS IF SHE WANTS TO, IF YOU WANNA PROVIDE THREE MINUTES, UM, A PUBLIC COMMENT, THEN YOU CAN, BUT IF NOT, THEN WE CAN DEFER TO THE APPLICANT. IS WHO, WHO SIGNED UP TO SPEAK? IT'S MARIA SANDOVAL. IS MS. SANDOVAL HERE? YES, THAT'S HER. SHE'S THE OWNER. I'M OH, OKAY. SO YEAH, GO AHEAD AND COME UP AND YOU CAN, YOU CAN BEGIN YOUR PRESENTATION. GO AHEAD. OKAY. IT'S, UH, RENEE LA ENTENTE, 12 7 25 APPLE WHITE ROAD, 7 7 20. TEXT 7 8 2 2 4. SIR, CAN YOU BRING THE MICROPHONE JUST TO, OH, I'M SORRY. YEAH. RENEE LA ENTENTE 12 7 25 APPLE WHITE ROAD, SAN ANTONIO. TEXT 7 8 2 2 4. I GUESS MRS. SANDOVAL OWNS THE TWO ADJACENT PROPERTIES, WHICH WOULD BE THE REALLY LONG ONES. A TOTAL OF SEVEN ACRES. AROUND SEVEN ACRES, ABOUT SEVEN ACRES. BUT FOR WHATEVER REASON, IT'S ZONED R FOUR IN THAT WHOLE AREA IS ZONED ON FOR, AND THAT'S THE ONLY REASON WE'RE HERE TO ENTERTAIN THE, THE SIZE OF THIS STRUCTURE. I KNOW IT'S A QUITE A BIG STRUCTURE, BUT SINCE THE ZONING OR THE PROPERTIES THAT THEY'RE JUST SO HUGE, YOU CAN'T EVEN SEE. 'CAUSE I CAN YOU BACK TO THE, CAN WE GO BACK TO THE PICTURE? THE STRUCTURE'S ACTUALLY UP. I DON'T THINK IT, WERE YOU ABLE TO GET A PICTURE OF IT, VINCENT, OF THE STRUCTURE? NO, , THAT'S HOW FAR BACK THIS THING IS. THE STRUCTURE'S ACTUALLY UP. CODE COMPLIANCE WENT OUT THERE, UH, IT WAS ABOUT AT THE BEGINNING OF THE YEAR AND THEY HIRED ME TO DO THE PLANS FOR 'EM. I SAID, WELL WAIT A MINUTE. THIS IS TOO BIG. IT DOESN'T MEET THE 2,500 SQUARE FEET. IT'S ACTUALLY 4,000 SQUARE FEET. THAT'S WHERE WE'RE GETTING. SO RATHER THAN START TEARING IT DOWN AND MODIFYING IT, I SAID, WHY DON'T WE GIVE IT A SHOT WITH THE BOARD OF ADJUSTMENTS? 'CAUSE IT'S SUCH A HUGE PIECE OF PROPERTY AND THAT'S WHY WE'RE HERE. WE'VE, WE'VE ACTUALLY APPLIED FOR PERMITS FOR THE 2,500 SQUARE FEET. AND THEN THEY, THEY WENT APPROVED IT, BUT THEN THEY SAID, WELL SUBMIT A COMPLETE SET OF ENGINEERING PLANS. AND I SAID, WELL, BEFORE THAT, LET'S JUST TRY. 'CAUSE IF WE DO PLANS FOR 2,500 SQUARE FEET AND THEY GRANT YOU FOR, THEY'RE NOT GONNA MATCH, WHICH IS WHAT'S OUT THERE. SO I SAID, LET'S JUST GIVE THIS A SHOT FIRST. IT'S, IT'S A REALLY UNIQUE SITUATION JUST BECAUSE THE PROPERTIES ARE SO HUGE AND SHE OWNS SEVEN ACRES, SO IT'S REALLY, YOU CAN'T EVEN SEE THE STRUCTURE FROM THE STREET. I MEAN, IT'S A TOP IS THE STRUCTURE BUILT. THE STRUCTURE IS ERECTED. OKAY. SEE, WELL, IT'S NOT COMPLETELY BUILT. IT, THAT'S KIND OF WHERE IT'S AT. IT'S KIND OF IN THE MIDDLE OF IT, I GUESS 50% OF IT OR OKAY. BUT YOU CAN KIND OF SEE THE AREAS. THEY'RE, THEY'RE SO HUGE. THERE'S SEE THOSE BIG STRUCTURES BACK THERE? THEY'RE ALL, I MEAN, ALL DOWN THE STREET, THEY'RE ALL ACRES AND THEY'VE BEEN THERE FOR A LONG TIME. IT'S OFF UH, FOUR, THAT'S FOUR 10 OVER THERE, KIND OF BY A AND M. YOU CAN'T, YEAH, YOU CAN SEE, BARELY SEE THE, THE, THE SILHOUETTE OF IT BACK THERE IF YOU, OKAY. [01:35:04] AND IS THERE, CAN YOU PLEASE SPEAK TO ANY HARDSHIP THAT YOU HAVE OR, OR ANYTHING THAT WOULD REQUIRE HAVING A AFFORD THEIR PLAN WAS, UH, TO BUILD A HOUSE ON THAT IN THE FRONT AND THEN USE THAT FOR THEIR PERSONAL VEHICLES. THEY HAVE A BUNCH OF, HER SON OWNS A BUNCH OF SHOW CARS AND STUFF LIKE THAT. AND THEY WERE GONNA JUST STORE THEM IN THERE. AND DURING THE CONSTRUCTION THEY WERE GONNA STORE MATERIALS 'CAUSE THERE'S A LOT OF THEFT THAT GOES ON THERE. SO THEY WERE GONNA DO THE STORING OF ALL THE MATERIALS FOR THEIR HOUSE DURING THE CONSTRUCTION. AND THEN THEY WERE GONNA USE IT LIKE A PERSONAL VEHICLE, NOT FOR ANY KIND OF COMMERCIAL USE. OKAY. AND IS THERE ANY QUESTIONS FOR THIS APPLICANT? CRUZ, COMMISSIONER CRUZ? UM, SIR, SO I'M JUST TRYING TO FIGURE OUT, I KNOW WHAT YOU, THE NEW PROPERTY YOU'RE TRYING TO, TO BUILD OR HAVE STARTED NOW ON THE FRONT OF IT, WHAT ARE YOU GOING TO DO WITH THE BUILDING THAT'S THERE NOW? YES. BECAUSE I KNOW IT LOOKS LIKE IT'S READY TO COME DOWN. YES, THAT'S THE PLAN. THEY'RE GONNA DEMO IT AND BUILD THEIR, THEIR HOUSE THERE. AND THEY'RE GONNA USE THAT FOR THEIR PERSONAL STORAGE BOATS, THE BUILDING CARS, THE BACK YEAH. THAT THE ONE THEY JUST STARTED? YES. THAT, THAT'S WHAT THEY'RE GONNA USE IT FOR. RIGHT. OKAY. SO THAT'S GONNA BE A STORAGE BUILDING. SO THIS LITTLE HOUSE YEAH. THEY'RE GONNA, IS GONNA COME DOWN. YES MA'AM. AND THEN THEY'RE GONNA BUILD ANOTHER HOME. YES. A BIG HOME. RIGHT. OKAY. SO WHICH ONE IS THE 4,000 SQUARE FEET? THE BUILDING IN THE BACK? YES. THAT BUILDING IN THE BACK AND IT'S STORAGE, IS THAT WHAT YOU'RE SAYING? THAT'S WHAT IT'S GONNA BE. JUST NOBODY WILL BE LIVING IN IT. NO. STRICTLY STORAGE FOR THEIR PERSONAL VEHICLES, BOATS, WHATEVER. BUT DURING CONSTRUCTION, THEY WANNA STORE ALL THEIR SUPPLIES THERE. MR. SANDOVAL DOES METAL ROOFING. THAT'S, HE ACTUALLY GOT THAT BUILDING FROM SOMEBODY. HE JUST REMOVED IT AND THEN HE JUST PLACED IT THERE. OKAY. OKAY. THANK YOU. IS THERE A RESTROOM IN THAT BUILDING? NO. OKAY. MANNA COMMISSIONER MANNA. SO DO YOU KNOW WHAT THE, UM, DO YOU KNOW WHAT THE PLAN SIZE OF THE NEW STRUCTURE IS GONNA BE? IS THE, THE HOUSE THAT'S GONNA REPLACE THE EXISTING ONE? SO WHAT SIZE OF HOUSE THAT'S GONNA BE, HOW MANY SQUARE FOOT, WHAT THE PLAN IS FEET ABOUT 4,000 SQUARE FEET. SO THE NEW HOUSE WILL BE 4,000? YEAH, AROUND 4,000, MAYBE A LITTLE MORE. IT'S AROUND THERE BECAUSE THOSE, LIKE I SAID, HE OWNS ALL THE ADJACENT PROPERTIES THERE. SO IT'S ABOUT SEVEN ACRES, BUT HE'S GONNA BUILD HIS PERSONAL HOUSE RIGHT THERE ON THAT PIECE OF PROPERTY. BRACKMAN, COMMISSIONER BRACKMAN, UM, THIS IS A QUESTION FOR STAFF. SO, SO IN RELATIONSHIP TO THIS FIVE, UH, SORRY, 4,000 SQUARE FOOT GARAGE, IS IT BECAUSE OF THE ZONING OF THE LOT? I MEAN, ONCE THE FRONT BUILDING COMES DOWN AND THEY'RE BUILDING ANOTHER 4,000 SQUARE FOOT RESIDENCE, IS IT, IS IT A PERCENTAGE OF THE ORIGINAL RESIDENCE THAT THE GARAGE CAN BE? OR IS IT BECAUSE OF THE ZONING? IT'S THE SECTION OF CODE PERTAINING TO ACCESSORY STRUCTURES. UM, SO THAT SECTION WILL LIMIT ANY ACCESSORY STRUCTURE TO 2,500 SQUARE FEET REGARDLESS OF THE SIZE OF THE, UH, DWELLING. CORRECT. YEAH. THE PERCENTAGE THAT YOU'RE THINKING OF IS, UM, PERTAINING TO ACCESSORY DETACHED DWELLING UNITS. AND SO IT'S NOT A PERCENTAGE, IT'S A, IT'S A SOLID NUMBER. RIGHT. THANK YOU. AND THAT'S WHERE, AND AND FOLLOW UP ON THAT, THAT'S FOR ALL ACCESSORY STRUCTURES. SO IF THEY WERE TO HAVE TWO FREESTANDING GARAGES COLLECTIVELY IT CAN'T BE, IT'S NOT 2,500 EACH. IT'S COLLECTIVE 2,500, CORRECT? MM-HMM. COMMISSIONER ZUNA. YEAH, I RECALL WE HAD A, A COMMERCIAL ZONING, UH, CASE OF THIS AREA RIGHT. WITH A MULTIFAMILY PROJECT RIGHT DOWN THE STREET. SO IT'S NOT ALL RESIDENTIALS ON TO SAY THERE'S SOME COMMERCIAL USES RIGHT ALONG RET AVENUE. THERE'S A FIRE STATION AT THE CORNER. THEY'RE NOT TOO FAR FROM THEIR HOUSE. YEAH, I AM I CORRECT WITH THAT RECOLLECTION ON THAT MULTIFAMILY? YEAH. YEAH. SO I MEAN, WHAT I WAS SAYING, THIS, THIS AREA'S NOT ALL PREDOMINANTLY. YEAH, THERE'S A COUPLE COMMERCIALS THING COMMERCIAL. IT'S VERY UNIQUE. THAT'S A, THE ONLY REASON WHY WE'RE ENTERTAINING THIS. I'M LIKE, OKAY, 2,500, 4,000, SHE SEVEN EIGHT. THAT DOESN'T SEEM BE OUTTA LINE WITH, UH, THE USES IN THAT. AND THAT'S ALONG THAT STREET, SO. RIGHT. THANK YOU. OKAY. AND, AND SO GO AHEAD COMMISSIONER MANNA. SO THE QUESTION, UM, SO WITH REGARDS TO, AND MAYBE I MAYBE ALREADY ANSWERED IT, SORRY, FOR HARDSHIP TO ACTUALLY REDUCE IT TO 2,500 SQUARE FOOT. SO WHAT WOULD BE THE IMPACT OF DOING THAT? I GUESS THEY CAN SPEAK TO THAT, BUT, OKAY. IT WOULD MEAN CUTTING IT BASICALLY, WELL, IT'S 50 BY 80, SO THEY WOULD DO 50 BY 50, LIKE 30 FEET OFF OF IT. SO THEY WOULD LEAD 30 FEET AS A SLAB. AND THEN THE, UH, ENCLOSED 50 BY 50, UH, POTENTIAL OF WATER GOING IN. 'CAUSE IT'S BUILT ON A SINGLE SLAB. I MEAN, THEY WOULD'VE TO CUT MAYBE A PIECE OF THE SLAB OUT TO GET THE WATER FROM RUNNING INTO THE BUILDING. IT'S GONNA BE SOME DESIGNING [01:40:01] GOING IN THERE. WHAT DO YOU AND OKAY. I, I THINK, I DON'T KNOW IF THEY'RE DONE. I I, AS FAR AS MONETARY COSTS, I WOULD SAY YEAH, IT'S SUB SUBSTANTIAL, I WOULD SAY. AND THIS, THIS STRUCTURE'S ON THE CONCRETE SLAB. CONCRETE SLAB. ALL RIGHT. AND MAYBE A QUESTION FOR SIT STAFF. SO IF THIS WAS, UH, SO HALF WAS CAR PORTED, SO SO WITH JUST A COVER, NO SIDES, UH, WOULD THAT STILL BE PART OF THE DIALOGUE FOR, UM, ACCESSORY STRUCTURE? IN OTHER WORDS, COULD, COULD 2,500 BE, UM, ENCLOSED AND THEN, AND THEN HAVE THE REST OF IT CAR PORTED? AS FAR AS EXISTING SLAB? YEAH. A CARPORT WOULD STILL BE CONSIDERED AN ACCESSORY STRUCTURE. YEAH. YOU'D ALMOST HAVE TO BUILD A HOUSE ABUTTING IT AND MAKE IT JUST ONE BIG GARAGE SERVING A SMALL HOUSE FOR IT TO BE ACCEPTABLE. OKAY. ARE THERE ANY MORE QUESTIONS? ATTACHING IT WITH SOME KIND OF, YEAH. NOPE. ALL RIGHT. IS THERE ANYTHING ELSE YOU'D LIKE TO ADD BEFORE WE UH, MOVE ON TO DELIBERATION? SHE JUST WANTS TO SPEAK TOWARDS, UH, SURE SHE CAN COME UP AND SPEAK. UM, GOOD AFTERNOON AND FINANCIALLY DIFFICULTIES, WE WOULD BE BAD BECAUSE I ALREADY PUT LIKE 90 TO A HUNDRED THOUSAND IN THAT BUILDING. AND TO BRING IT DOWN, I THINK THERE'S NO NEED. THERE'S BIG OTHER PROPERTIES THAT HAVE BIGGER THINGS AROUND US AND WE'RE NOT HARMING ANY OF OUR NEIGHBORS. WE'RE NOT, WE'RE IN THE CORRECT SIDELINES AND ALL. IT'S GONNA BE USED AS TO STORE. MY SONS, MY, MY SONS, THEY ALL COLLECT BIG TRUCKS AND CARS. THAT'S ALL WE WANT IT FOR, FOR ANY OTHER USE. AND WE'RE, WE'RE ACTUALLY MAKING THE NEIGHBORHOOD LOOK NICER AND I'M GONNA MAKE IT LOOK NICER WHEN I BUILD MY HOUSE AND OTHER HOU OTHER THINGS NEXT TO THE, AND THE OTHER TWO PROPERTIES. SO YOU, YOU ALSO OWN THE LOTS TO THE EAST? LIKE THERE'S A COUPLE OF THEM I OWN 8 50, 8 54 AND 8 6 6 8 66. OKAY. ALRIGHT. ANY, ANY QUESTIONS? I DON'T, I DON'T SEE I'M HURTING ANYONE. IT'S JUST THE SIZE. I MEAN, WE HAVE A LOT OF STUFF. MY, I LIVE IN A CUL-DE-SAC AND WE ALWAYS HAVE PROBLEMS WITH OUR NEIGHBORS THAT WE DON'T HAVE SPACE TO PARK AND IT'S SO HARD TO BE HAVING PROBLEMS WITH THEM ALL THE TIME BECAUSE OF PARKING SPACE. SO WE SAID LET'S MAKE A, UH, STORAGE FOR THE CARS OR MY KIDS. I HAVE FOUR KIDS AND THEY'RE ALL LIVE WITH ME. OKAY. AND, UM, THAT'S, THAT'S WHY WE DECIDED TO GO THAT WAY. OKAY. WE DIDN'T THINK IT WAS GONNA AFFECT ANYONE. AND IT LOOKED, I THOUGHT AT FIRST I THOUGHT IT WAS A COMMERCIAL, COMMERCIAL AREA, BUT THEN I, I DIDN'T FIND OUT ABOUT IT UNTIL AFTER I GOT THE, THE NOTICE. I UNDERSTAND. MM-HMM. , IS THERE ANY QUESTIONS FOR THIS LANDOWNER? MANCHACA, COMMISSIONER, MANCHACA, UH, YOU SAID, UH, I WAS TRYING TO UNDERSTAND THE GENTLEMAN, I COULDN'T HEAR HIM. MM-HMM. , WAS THIS STRUCTURE ERECTED OR ASSEMBLED THERE? I'M NOT SURE. WAS IT ERECTED? IN OTHER WORDS, FROM, FROM THE SLAB BOLTED AND THEN BUILT UP? YES. IT'S CORRECTLY BUILT. I SEE. MM-HMM. AND ALL THIS WAS WITH PERMITS? WITH THE PERMITS WE APPLIED, YES. BUT THEN THEY ASKED ME TO DO PLANS OR SOMETHING. YEAH. THAT'S WHERE IT STOPPED. WHERE WE SUBMITTED PLANS FOR THE SITE PLAN AND EVERYTHING FOR THE SIR CAN YOU SPEAK TO THE MICROPHONE? YEAH, I'M SORRY. YEAH. WE SUBMITTED PLANS FOR 25 BECAUSE I TOLD HER, NO, YOU CAN'T DO 4,000. SHE SAID, WELL, LET'S JUST DO 25. I SAID, THAT WOULD MEAN CUTTING HALF OF THE BUILDING. I SAID, WELL WHAT IF THEY JUST GIVE US A PERMIT FOR 20? I SAID, WE CAN APPLY FOR IT, BUT YOU'RE GONNA NEED THE ENGINEERING DESIGN FOR, THAT'S WHERE WE COME IN. SO WE APPLIED AND THAT'S WHAT THEY DID. THAT'S WHERE IT STOPPED. WE APPLIED AND THEN SAID, NO, YOU NEED A COMPLETE SET OF ENGINEERING. I SAID, IF YOU WANT A COMPLETE SET OF ENGINEERING DESIGN FOR 2,500, I SAID, I WOULD JUST SUGGEST COMING TO THE BOARD. AND OKAY. IT'S A SHOT IN THE AIR TO GET THE 4,000. THEN WE DESIGNED THE WHOLE 4,000 VERSUS THE 2,500. OKAY. THANK YOU. ANY OTHER QUESTIONS? SO I'M, ALL I'M ASKING FOR IS AN ALTERNATIVE THAT I WOULDN'T HAVE TO BRING IT ALL DOWN 'CAUSE IT'S COMMISSIONER CRUZ A LOT OF MONEY. I'M SORRY I DIDN'T, IT'S IT IS ALL RIGHT. I DIDN'T THINK ABOUT, LET'S SEE IF WE HAVE MORE QUESTIONS. THIS PROBLEM, IF THERE'S ANY CONCESSIONS, COMMISSIONER CRUZ. OKAY. SO IF THE PLAN WAS APPROVED FOR 2,500 SQUARE FEET, BUT YOU MADE IT 4,000 AND NOW YOU'RE, YOU GOT A NOTICE OR IT WAS ORIGINALLY MADE 2,500 SQUARE FEET? NO, THEY JUST APPLIED. THAT'S THE CODE. YEAH. THEY, THEY ONLY APPLIED, THEY HADN'T RECEIVED A PERMIT. WELL, THEY, NO. THEY GOT PERMITS TO START, CORRECT? NO, THEY'VE ONLY APPLIED. WE APPLIED. OKAY. SO YOU BUILT THIS BEFORE THE PERMITS WERE APPROVED? YES. IS THAT CORRECT? MM-HMM. . OKAY. THAT'S WHY I, I'M SAYING I APOLOGIZE FOR NOT TAKING [01:45:01] OUT A PERMIT BEFORE. 'CAUSE I DIDN'T THINK IT WAS GONNA BE THAT BIG. I MEAN, THERE'S A LOT OF PEOPLE THAT BUILD AROUND ME AND I DON'T THINK EVERYBODY HAS PERMITS. I SEE A LOT OF OKAY. A LOT OF BIG, UM, BUILDINGS AROUND US. AND FIRST OF ALL, I REALLY THINK, I REALLY THOUGHT THAT IT WAS A COMMERCIAL AREA, BUT THEN I FOUND OUT IT WASN'T. OKAY. UM, ANY OTHER QUESTIONS? ALL RIGHT. HEARING NONE. IF, IF YOU TAKE AND PROVIDING CLOSING AND IF THERE'S OF US BUILDING A HOUSE IN FRONT THAT IT WILL MAKE IT TOO BIG OF A DWELLING FOR ONE PROPERTY. 'CAUSE THAT ONE'S LIKE AN ACRE. AN ACRE OR SOMETHING. YEAH. YOU'RE ALLOWED TO OVER AN ACRE. YEAH. IF THERE'S A PROBLEM IN THE SIZE, BECAUSE I'M ALREADY BUILDING A 4,000 SQUARE FEET, I'LL BUILD IT ON THE NEXT SITE, ON THE NEXT LOT. I DON'T HAVE TO BUILD ON THAT ONE. NOW, THE, THE, I HAD MADE A REMARK PREVIOUSLY IS THAT WHAT'S MAKING THIS A VI A VIOLATION IS BECAUSE IT'S CONSIDERED AN ACCESSORY USE OF IT. MM-HMM. WAS JUST A BIG GARAGE TIED TO YOUR HOME. LIKE IF YOUR HOME WAS A ATTACHED TO IT MM-HMM. , THEN YOU WOULDN'T HAVE THE 2,500 SQUARE FOOT LIMIT. AND SO THERE'S SOME THINGS THAT YOU CAN, YOU KNOW, DECIDE AND DWELL UPON, BUT FOR NOW WE'RE JUST LOOKING AT WHAT YOU'RE COMING FORTH WITH. MM-HMM. , AND THAT'S A FREESTANDING GARAGE THAT'S 4,000 SQUARE FEET. SO IF THERE'S NOTHING ELSE, UM, WHAT WE'RE GONNA DO IS WE'RE GONNA OPEN THIS UP TO OUR MOTION AND THEN WE'RE GONNA SEE WHAT THE BOARD THINKS OF IT. SO, OKAY. I'M LOOKING FOR A MOTION. THANK YOU. COMMISSIONER ZUNA. REGARDING CASE NUMBER BO EIGHT DASH 22 DASH 0 3 8. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT A REQUEST FOR A 1500 SQUARE FOOT VARIANCE FROM THE MAXIMUM 2,500 SQUARE FOOT ALLOWANCE TO ALLOW A ATTACHED ACCESSORY STRUCTURE TO BE 4,000 SQUARE FEET SITUATED AT 8 6 6 WEST VETTE, APPLICANT BEING RENEE LA ENTENTE. BECAUSE THE TESTIMONY BE 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 VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A VARIANCE FOR A 1500 SQUARE FOOT VARIANCE, WHICH DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN A UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT HAVING TO ONLY CONSTRUCT THE DETACHED ACCESSORY STRUCTURE TO BE 2,500 SQUARE FEET. THE VARIANCE REQUEST IS DUE TO THE LARGE SIZE OF THE LOT AND THE NEED FOR A DETACHED ACCESSORY STRUCTURE TO BE 4,000 SQUARE FEET. THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED. THE 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 DETACHED ACCESSORY STRUCTURE WILL BE FOLLOW, WILL BE FOLLOWING THE REQUIRED SETBACKS FROM PROPERTY LINES AND WILL OBSERVE THE SPIRIT OF THE ORDINANCE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED OF 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 VARIS WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ELSE FOR THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF DOES NOT FIND EVIDENCE THAT THE REQUESTED VARIANCE WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT DUE TO THE SIZE OF THE LOTS OF THE AREA. THE DETACHED ACCESSORY STRUCTURE WOULD BE CONSTRUCTED BEHIND THE MAIN STRUCTURE ON THE PROPERTY. IT WILL NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR, ITS THE VARIANCE OF SAW AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITION OF THE DISTRICT. ONCE THE PROPERTY IS LOCATED, UM, STAFF FINDS IS APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF ALL IS DUE TO THE UNIQUE CIRCUMSTANCES EXIST EXISTING ON THE PROPERTY. THE PROPERTY IS SITUATED IN AN AREA WITH LARGE LOTS AND IN A RURAL AREA, THE VARIANCE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. THERE A SECOND, SECOND, SECOND. COMMISSIONER MADDA, UH, COMMISSIONER ZUNA. RIGHT. SO I'M GONNA BE SUPPORTING THE, THE VARIANCE AS, OR THE MOTION AS READ. UM, I DO FEEL THIS IS, UH, THIS IS KIND OF A, UH, UH, AREA WHICH HAS COMMERCIAL, UH, USES. I THINK THAT THE, UH, THE, THE SETBACK OF WHERE THE EXISTING GARAGE IS WILL NOT BE VISIBLE FROM THE ROAD. UH, THERE WAS NO OPPOSITION. THE APPLICANT OWNS THE PROPERTIES ON EITHER SIDE. UM, I DON'T SEE ANY, ANY, UM, UH, ANY OF THE NEIGHBORS WHO ARE OPPOSING THE VARIANCE REQUEST. THERE WAS NO OPPOSITION. AND I, I DON'T THINK IT'S GONNA BE, UM, I THINK IT'S IN HARMONY WITH THE NEIGHBORHOOD, SO I'M SUPPORTING THE MOTION. OKAY. COMMISSIONER MANNA? YEAH, I GUESS I'M A LITTLE BIT TORN HERE. UM, SIMILARLY, BECAUSE THIS IS PRETTY LARGE AND, UM, YOU KNOW, IT IS PRETTY EXCESSIVE WITH REGARDS TO THE SIZE OF THE SQUARE FOOTAGE. UM, AND I THINK THAT THERE ARE OTHER REMEDIES, YOU KNOW, AND SO I DON'T KNOW ENOUGH ABOUT, YOU KNOW, BUILDING THE HOUSE AND PUTTING IT NEXT TO THIS TO MAKE IT ACTUALLY THE GARAGE ITSELF, BUT THAT DOES PUSH IT TO, UH, FURTHER BACK ONTO THE PROPERTY ITSELF. SO I'LL JUST SAY I'M A LITTLE BIT TORN HERE AND SO, SO STILL TRYING TO WORK THROUGH THIS, SO I APOLOGIZE. RIGHT. ANY, ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? ALBERT, COMMISSIONER ALBERT? UM, I'LL BE IN SUPPORT OF IT. UH, IF YOU LOOK AT THE NEIGHBORS TO THE WEST WHERE THEY'VE BEEN SUBDIVIDED, IF THIS LOT WERE SIMILARLY SUBDIVIDED, THAT WOULD SUPPORT EASILY MORE THAN 8,000 SQUARE FEET OF BUILDING. UH, SO FROM A FOOTPRINT POINT OF VIEW, IT'S, UH, IT'S LESS THAN POTENTIALLY COULD BE. SO I, I, I WOULD BE IN SUPPORT OF IT. OKAY. ANYONE ELSE? WELL, I'M GONNA CHIME IN. UM, I'M [01:50:01] GONNA BE IN SUPPORT AND FOR THE, AND THE REASON WHY IS THAT WITH A LOT, BEING SLIGHTLY OVER AN ACRE, UM, EVEN A 4,000 SQUARE FOOT HOUSE, A 4,000 SQUARE FOOT GARAGE, THAT'S ONLY 20% OF THE LAND. UH, AND USUALLY IF, IF YOU, IF YOU HAVE RESIDENTIAL UNDER 30%, YOU'RE, YOU DON'T HAVE A LOT OF IMPERVIOUS COVER. SO THIS IS JUST A, YOU KNOW, I KNOW IT SEEMS REALLY, REALLY LARGE, BUT, YOU KNOW, PROPORTIONALLY, I DON'T THINK IT'S THE END OF THE WORLD. SO I'LL BE IN SUPPORT ON THIS ONE. UH, IS ANYONE ELSE MINKA, MR. MINKA? I AM, UH, ALSO STRUGGLING WITH THIS A LITTLE BIT AND, UH, EVEN THOUGH THERE HAS BEEN ANY OPPOSITION ON THIS, THAT, UH, IT, IT, IT'S GONNA STICK OUT QUITE A BIT AND IT IMPLIES COMMERCIAL WORK, EVEN THOUGH IT MIGHT JUST BE A GARAGE TO YOU, THAT'S WHAT IT IMPLIES. AND OPPORTUNITIES FOR THAT MAY EXIST AND, UH, I'M NOT SAYING THAT THAT SHOULD BE THE CASE, BUT IT'S UH, IT'S WAY OVER WHAT IT'S SUPPOSED TO BE. SO I PROBABLY WON'T AGREE WITH THIS. UH, I'M MAY HAVE. ALRIGHT, UH, WITH THAT, CAN WE HAVE A ROLL CALL VOTE PLEASE. MR. OONA? YES, I CONCUR. MR. MANNA. I DO NOT CONCUR. MR. SPIELMAN. I DO NOT CONCUR. MR. ALBERT. I CONCUR. MR. MANCHACA. I DO NOT CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ, I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MS. LIND, I CONCUR AND CHAIR ZUNA. SORRY. CHAIR ORIAN. IT'S RIGHT. AND I AND I CONCUR WITH THE FINDINGS OF FACT. MOTION IS DENIED. EIGHT TO THREE. UH, COMMISSIONER KAPLAN HAS LEFT THE, HAS LEFT AT 2 59 FOR PERSONAL REASONS. UH, WE'LL CONTINUE ON WITH 10 MEMBERS. UM, MA'AM, IF YOU CAN GET WITH STAFF, THEY'LL EXPLAIN WHAT YOUR OPTIONS ARE AT THIS TIME, BUT, UH, BUT AT THIS POINT, IT, UH, YOUR REQUEST WAS DENIED. OKAY. ALL RIGHT. UH, NEXT CASE PLEASE. ITEM NUMBER EIGHT, NEXT CASE BO. A 22 1 0 3 0 0 84. ADDRESS IS 1 0 3 GAZELLE COUNCIL, DISTRICT ONE APPLICANT IS CYNTHIA NEAL. A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A ONE OPERATOR BEAUTY SALON. THE ZONING IS R FOUR SINGLE FAMILY RE, UH, SINGLE RESIDENCE. THE SUBJECT PROPERTY IS LOCATED ON GAZELLE. THE APPLICANT IS REQUESTING THE BUSINESS OF A ONE OPERATED BEAUTY SALON ON THE PROPERTY. THE PROPOSED HOURS OF OPERATIONS ARE MONDAY 9:00 AM TO 3:00 PM WEDNESDAY, 9:00 AM TO 6:00 PM THURSDAY, 9:00 AM TO 11:00 AM FRIDAY, 8:00 AM TO 3:00 PM AND SATURDAY, 9:00 AM TO 2:00 PM ENCLOSED ON TUESDAYS AND SUNDAYS, SUBJECT PROPERTY AND THE SURROUNDING AREAS. RECOMMENDATIONS, STAFF RECOMMENDS APPROVAL IN BO O A 22 1 0 3 0 0 84 BASED ON THE FOLLOWING FINDINGS OF FACT, THE BARBER, THE BARBERSHOP BEAUTY SALON, WILL BE OPERATED BY A SINGLE OPERATOR AND THE PROPOSED OPERATION DOES NOT APPEAR TO ADVERSELY AFFECT NEIGHBORING PROPERTIES. NOTIFICATION PLAN, UH, 25 NOTICES WERE MAILED. TWO IN FAVOR, WHEN IN OPPOSITION AND NO RESPONSE FROM THE DE VALLEY AREA NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. ALL RIGHT. IS THE APPLICANT PRESENT? YES. HI, I AM CYNTHIA NEAL. I RESIDE AT 1 0 3 GAZELLE DRIVE AND I WOULD LIKE TO RENEW MY BEAUTY SHOP, UH, FOR ANOTHER FOUR YEARS. IF I COULD, I WOULD LIKE TO TAKE A MINUTE THOUGH, AND THANK THE BOARD PAST THAT ALLOWED ME TO OPEN THIS WHEN OUR CHILDREN WERE LITTLE. CORRECT. AND, UM, THANK GOODNESS THEY'RE GROWN. ONE IS A HIGH SCHOOL TEACHER AND THE OTHER IS A INTERNET SECURITY WITH H E B. SO WE'RE BLESSED THERE, AREN'T WE? ALRIGHT, THANK YOU VERY MUCH. OKAY. UM, NO ONE SIGNED UP TO SPEAK. ALRIGHT. NO, UH, WE'RE LOOKING FOR, UM, ANY QUESTIONS FROM THE BOARD? HEARING NONE. WE'RE LOOKING FOR A MOTION. BRAGMAN. COMMISSIONER BRAGMAN. MS. BRAGMAN, CAN YOU SPEAK INTO THE MIC PLEASE? I MOVE THE BOARD OF ADJUSTMENT, GRANTED REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A ONE OPERATOR BEAUTY SALON BARBERSHOP [01:55:01] SITUATED AT 1 0 3 GAZELLE APPLICANT BEING CYNTHIA NEAL. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR A SINGLE OPERATOR. BARBERSHOP BEAUTY SALON. THE BARBERSHOP BEAUTY SALON IS INTENDED TO BE OPERATED BY A SINGLE OWNER AND WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B. THE SPECIAL, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. THE APPLICANT IS PROPOSING TO OPERATE A BARBERSHOP BEAUTY SALON LOCATED AT THE RESIDENTIAL PROPERTY. THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED WITH THIS SPECIAL EXCEPTION. C. THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE BARBERSHOP SLASH UH BEAUTY SALON WILL NOT DISRUPT THE PRIVACY FOR THE SUBJECT PROPERTY AND IT'S HIGHLY UNLIKELY TO INJURE ADJACENT PROPERTIES. THE PROPOSED HOURS OF OPERATION ARE MONDAY FROM 9:00 AM TO 3:00 PM WEDNESDAY, 9:00 AM TO 6:00 PM THURSDAY, 9:00 AM TO 11:00 AM FRIDAY, 8:00 AM TO 3:00 PM TO SATURDAY, 8:00 AM TO 2:00 PM ENC CLOSE TUESDAYS AND SUNDAYS. D THE SPECIAL EXCEPTION WILL NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE BARBERSHOP BEAUTY SALON WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS A SINGLE FAMILY. UH, DWELLING WILL REMAIN TO, WILL REMAIN TO APPEAR AS SUCH. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME AND THE OPTION TO OPERATE A SINGLE FAMILY, SINGLE OPERATOR BEAUTY SALON, BARBER SHOP. THE REQUESTED EXCEPT SPECIAL EXCEPTION, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. SECOND. AND WE HAVE A SECOND BY COMMISSIONER CRUZ. UH, COMMISSIONER BRAGMAN, PLEASE LEAD THE DISCUSSION. YES, I'LL BE IN SUPPORT OF THE MOTION. UM, I'M GLAD TO HEAR THAT YOU WERE ABLE TO BE THERE WITH AND RAISE YOUR CHILDREN AND THEY SOUND VERY SUCCESSFUL AND IT DOESN'T SOUND LIKE IT. THIS IS INJURING THE NEIGHBORHOOD AT ALL AND THERE'S NO OPPOSITION FROM ANY OF THE NEIGHBORS. SO I'LL BE IN SUPPORT OF THE MOTION. COMMISSIONER CRUZ? UH, YES, I CONCUR WITH MY COLLEAGUE. I THINK THIS IS A GOOD, UH, OPERATION AND SINCE SHE'S NEVER HAD ANY, UH, UM, DIFFICULTIES WITH ANY OF HER NEIGHBORS BECAUSE OF THIS, I DON'T SEE A PROBLEM WITH IT. THANK YOU. THANK YOU. AND, UH, BEFORE WE GO TO VOTE, STAFF DOES THIS, DOES THE MOTION HAVE TO INCLUDE THAT THIS IS A RENEWAL FOR FOUR YEARS? IS THAT A REQUIREMENT? UM, SO THIS IS ACTUALLY THE PREVIOUS, UM, SPECIAL EXCEPTION WAS IN 2014. SO IT'S TREATED AS A BRAND NEW. OH, SO IT'S GOT THREE, TWO YEARS. TWO YEARS? MM-HMM. . OKAY. DOES THAT NEED TO BE PART OF THE MOTION? UH, I DON'T THINK THE TWO YEARS DOES. YOU JUST NEED TO STATE THAT IT'S A NEW SPECIAL EXCEPTION. OKAY. ALRIGHT. THANK YOU ALL. IT GOES TO A VOTE THEN. AM I INCLUDING MS. KAPLAN? UH, THAT'S UP TO HER. SHE FEELS, UH, COMFORTABLE VOTING. I THINK I CAN DO IT, YEAH. OKAY, THEN FOR THE RECORD, SHE CAME IN AT 3 0 4. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. SPILLMAN. I CONCUR. MR. ALBERT I CONCUR. MR. MANCHACA I CONCUR. MR. VASQUEZ. I CONCUR. MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MS. LIND I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINES. IN FACT, MOTION PASSES 11 2 0. UH, NEXT CASE PLEASE. THANK YOU. NEXT ITEM IS BO 8 22 1 0 3 0 0 8 6. ADDRESS IS 60 VON PLACE COUNCIL. DISTRICT SEVEN APPLICANT IS JORGE RAMOS. A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A ONE OPERATOR BUICK SALON BARBER SHOP. ZONING IS R FOUR, SINGLE FAMILY RESIDENCE. THE SUBJECT PROPERTY IS LOCATED ON VON PLACE. THE APPLICANT IS REQUESTING THE, THE BUSINESS OF A ONE OPERATOR BEAUTY SALON ON THE PROPERTY. THE PRO PROPOSED HOURS OF OPERATION ARE MONDAY THROUGH SATURDAY, 9:00 AM TO 6:00 PM THIS IS THE SUBJECT PROPERTY AND THE SURROUNDING AREAS. RECOMMENDATIONS, STAFF RECOMMENDS APPROVAL AND BO O 8 22 1 0 3 0 0 8 6 BASED ON THE FOLLOWING FINDINGS OF FACT, THE BEAUTY SHOP BEAUTY SALON WILL BE OPERATED BY A SINGLE INDIVIDUAL AND A PROPOSED OPERATION DOES NOT APPEAR TO ADVERSELY AFFECT NEIGHBORING PROPERTIES. NOTIFICATION PLAN, 87. NOTICES WERE MAILED, ONE IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE MAVERICK NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION AND APPLICANT IS PRESENT. GREAT. IF THE APPLICANT CAN PLEASE COME FORWARD. [02:00:06] UH, JORGE RAMOS, UH, THIS IS REALLY FOR MY WIFE. YOU KNOW, I WAS THE APPLICANT, BUT MY WIFE IS THE ONE WHO OPERATES, UH, UH, BEAUTY SALON. UM, THIS IS OUR, UH, THIRD RENEWAL. UH, YOU KNOW, THANK YOU FOR THE PREVIOUS, UH, WE'VE, MY WIFE'S, UH, BUSINESS WAS ABLE TO MAKE IT THROUGH THE PANDEMIC, YOU KNOW, SO HERE WE ARE, YOU KNOW, TRYING TO RENEW, UM, OUR, UM, OUR PERMIT OR OUR EXCEPTION. UM, SO THE HOURS OF OPERATION WE PUT, UM, MONDAY THROUGH SATURDAY, BUT SHE DOES DO REALLY TUESDAY AND THURSDAY. WE, DURING THE PANDEMIC, WE HAD OUR FIRST CHILD, SO SHE PRETTY MUCH TAKES CARE OF HER ALL, ALL THE OTHER TIMES. SO TUESDAY AND THURSDAY, SHE'S BY APPOINTMENT ONLY. UM, AND SHE PRETTY MUCH SCHEDULES WITHIN THAT TIME, UH, TIMEFRAME. AS OF NOW, WE WE'RE NOT AWARE OF ANY COMPLAINTS AND, UH, I DO BELIEVE SOME OF MY NEIGHBORS LEFT VOICE MESSAGES, MAYBE IN, IN REGARDS TO OUR CASE. BUT, UH, THAT'S IT. THANK YOU FOR HEARING OUR CASE. ALL RIGHT. THANK YOU. UH, STAFF HAS ANY VOICEMAILS OR ANYONE SIGNED TO SPEAK? UH, YES, WE DO HAVE, UM, ONE PERSON SIGNED TO SPEAK AND A COUPLE OF VOICEMAILS. CHERYL, LET'S DO THE VOICEMAILS FIRST. HELLO, THIS IS JEREMY THOMPSON, OWNER 61 V PLACE 7 8 0 1. CALLING IN REFERENCE TO THE, UH, BO O A 22 HYPHEN 1 0 3 0 0 0 8 6 FOR, UH, JORGE RAMOS. UH, I AM IN FAVOR OF, UM, HIS REQUEST. THANK YOU. I'M SORRY. I BELIEVE THAT WAS JUST ONE VOICEMAIL. AND THEN WE HAVE, UM, THE MAVERICK NEIGHBORHOOD ASSOCIATION. FRANK, IS THERE ANY, IS THERE ANYONE, UH, OUT IN THE GALLERY WHO SIGNED UP TO SPEAK ON THIS, WHO WOULD LIKE TO COME FORWARD AND SEEING NONE? UH, WE HAVE ANY QUESTIONS FOR THE APPLICANT? UH, MY ONLY QUESTION IS FOR STAFF IS THAT WE, THIS IS THE INITIAL, BUT THE APPLICANT HAD MENTIONED THAT IT WAS A RENEWAL. IS THIS A, THE INITIAL WITH THE TWO YEAR? RIGHT. WE HAVE, WE DON'T SEE ANYTHING IN A CELL OR A BUILD ESSAY, SO IT WOULD BE A BRAND NEW REGISTRATION. OKAY. ALL. SO WITH THAT, WE'RE LOOKING FOR A MOTION CRUZ COMMISSIONER CRUZ, REGARDING CASE NUMBER B O A 22 103 0 0 0 8 6. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A ONE OPERATOR BEAUTY SALON BARBERSHOP SITUATED AT 60 V PLACE APPLICANT BEING JORGE RAMOS. 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 WILL RESULT IN A UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHARACTER. THE U D C STATES, THE BOARD OF ADJUSTMENT CONGRATULATE SPECIAL EXCEPTION FOR A SINGLE OPERATED BARBER SHOP BEAUTY SALON. THE BARBER SHOP BEAUTY SALON IS INTENDED TO BE OPERATED BY A SINGLE OWNER AND WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B. THIS PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. THE APPLICANT IS PROPOSING TO OPERATE A BARBER SHOP BEAUTY SALON LOCATED AT THE RESIDENTIAL PROPERTY. THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED WITH THIS SPECIAL EXCEPTION. C THE NEIGHBORING PROPERTY WILL BE SUBSTANTIALLY IN INJURED BY SUCH PROPOSED USE. THE BARBERSHOP BEAUTY SHOP, BEAUTY SALON WILL NOT DISRUPT, DISRUPT THE PRIVACY FOR THE SUBJECT PROPERTY AND IS HIGHLY UNLIKELY TO INJURE ADJACENT PROPERTIES. THE PROPOSED HOURS OF OPERATION ARE MONDAY THROUGH SATURDAY FROM 9:00 AM TO 6:00 PM BY APPOINTMENT ONLY. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH A SPECIAL EXCEPTION IS SOUGHT. THE BARBERSHOP BEAUTY SALON WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS A SINGLE FAMILY. DOLING WILL REMAIN TO APPEAR AS SUCH. EITHER SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME AND THE OPTION TO OPERATE A SINGLE OPERATOR, BARBARA BEAUTY SALON. THE REQUESTED EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. AND THIS IS FOR A TWO YEAR PERMIT AND A MOTION. THANK YOU. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER CRUZ? UH, YES, SIR. SINCE, UH, THE GENTLEMAN SAYS, STATES THAT IT HAS BEEN A WHILE AND, UH, EVEN THOUGH THEY'VE, UH, UH, HAD PERMITS [02:05:01] BEFORE, I DON'T SEE ANY PROBLEMS WITH IT, ESPECIALLY SINCE, UH, I DON'T KNOW OF ANY, UH, VIOLATIONS TO THIS, UH, PROPERTY. THANK YOU. THANK YOU. COMMISSIONER KAPLAN? UH, YES, I, I AGREE WITH, UH, COMMISSIONER CRUZ. ALL RIGHT. IS IT ANY COMMISSIONS YOU'D LIKE TO ADD? HEARING NONE, UH, LET'S HAVE A ROLL CALL. VOTE MS. CRUZ. YES, I CONCUR. MS. KAPLAN. I CONCUR. MR. SPELMAN I CONCUR. MR. ALBERT I CONCUR. MR. MENCHACA I CONCUR. MR. VASQUEZ. I CONCUR. MR. MANO. I CONCUR WITH THE FINANCES OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. LIND. I CONCUR. MR. OZUNA. I CONCUR. CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. ALL RIGHT. NEXT CASE. ITEM NUMBER 10, UH, BEFORE WE, UH, HEAR THE PRESENTATION, IT'S THREE 13 AND COMMISSIONER KAPLAN AS, AS LEAVING THE MEETING. MM-HMM. AND COMMISSIONER MANNA HAS ALSO LEFT, UH, AT THREE 13. OKAY. UH, IS, UH, WE'RE GONNA TAKE A TWO MINUTE BREAK. ALL RIGHT. WE CAN GO AHEAD AND HEAR PRESENTATION. WE'RE DOWN TO NINE MEMBERS. WE HAVE, UH, ONE LEFT AND ONE FOR A RECUSAL. SO, GOOD AFTERNOON. ITEM NUMBER 10 IS FOR CASE BO EIGHT DASH 22 DASH 3 88. LOCATED AT 68 16 WHITBY ROAD WITHIN COUNCIL DISTRICT SEVEN. THE APPLICANT BEING JUAN FLORES IS A REQUEST FOR ONE, A VARIANCE FROM THE FENCE MATERIALS TO ALLOW FOR A CORRUGATED METAL FENCE ALONG THE SIDE PROPERTY LINE. AND TWO, A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SOLID SCREEN FENCE TO BE SIX FEET IN THE FRONT YARD. THE PROPERTY IS OWNED. RE RESIDENTIAL STATE DISTRICT, THE SUBJECT PROPERTY CONTAINS A SINGLE FAMILY RESIDENCE ON A LARGE LOT. THE REQUEST IS TO ALLOW A CORRUGATED METAL FENCE TO BE ALONG THE SIDE PROPERTY LINE. THERE IS A PORTION OF THE FENCE THAT IS PAST THE FRONT FACADE OF THE RESIDENCE, WHICH MEASURES SIX FEET IN HEIGHT, WHICH EXCEEDS THE MAXIMUM THREE FOOT ALLOWANCE FOR SOLID SCREEN FENCE IN THE FRONT YARD. THE CORRUGATED METAL FENCE DOES HAVE PROTECTED EDGES, IS SUSTAINED A NATURAL COLOR AND IS BEING REQUESTED FOR ADDITIONAL SECURITY AND PRIVACY. THIS IS THE SITE PLAN THAT WAS SUBMITTED BY THE APPLICANT SHOWING THE LOCATION OF THE FENCE, THE EXISTING RESIDENCE ON THE LOT, THE VIEW OF THE FENCE FROM THE RIGHT OF WAY. THE, UH, SIDE PROPERTY LINE ALONG THE FRONT YARD. AND AS YOU CAN SEE, THE FENCE DOES CHANGE TO PERMITTED MATERIAL AND HEIGHT. THE NEW CORRUGATED METAL FENCE WITH A NATURAL COLOR SURROUNDING AREA, SURROUNDING AREA REGARDING THE CORRUGATED METAL FENCE VARIANCE. STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE CORRUGATED METAL FENCE MATERIAL IS LOCATED ALONG THE SIDE, PROP SIDE, PROPERTY LINE, AND DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. TWO. THERE IS AN EXISTING FENCE LOCATED ALONG THE FRONT THAT COMPLIES WITH FENCE, MATERIAL AND HEIGHT REQUIREMENTS. AND THREE, THE PROPERTY MEASURES OVER FOUR ACRES IN SIZE. THUS, THE FENCE WILL NOT BE EASILY VISIBLE FROM THE RIGHT OF WAY REGARDING THE FRONT YARD. SPECIAL EXCEPTIONS, STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE SIX FOOT FENCE WILL ADD ADDITIONAL SECURITY AND PRIVACY TO THE PROPERTY IN THE MEDIA AREA. TWO, ONLY A PORTION OF THE FENCE ALONG THE SIDE PROPERTY LINE IS LOCATED WITHIN THE FRONT YARD. AND THREE, THE ADDITIONAL FENCE, ADDITIONAL HEIGHT TO THE, TO A PORTION OF THE FRONT YARD FENCE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. THERE WERE 13 NOTICES THAT WERE MAILED. WE RECEIVED ZERO IN FAVOR, ZERO IN OPPOSITION. IN ALAMO FARMSTEADS BABCOCK ROAD NEIGHBORHOOD ASSOCIATION IS IN SUPPORT. THIS CONCLUDES STAFF'S REC, UH, PRESENTATION AND WE DO HAVE THE APPLICANT PRESENT. UH, BEFORE YOU GO, CAN YOU PLEASE BRING UP THE SITE PLAN? YES. AND JUST TO MAKE SURE WE'RE ALL CLEAR, UH, THE TWO ISSUES AT BAY IS THE CORRUGATE METAL MATERIAL AND THE PORTION THAT'S IN, IN THE FRONT OF THE HOME, WHICH IS, CAN YOU KIND OF LIKE POINT THAT OUT? UH, SURE. SO YOU'LL [02:10:01] SEE THAT THE STRUCTURE IS KIND OF IN THE MIDDLE AND THERE ARE, THERE IS A PORTION THAT GOES PAST THE FRONT FACADE. OKAY. WHICH IS WHY THEY'RE REQUESTING THAT SPECIAL EXCEPTION AS WELL. AND IF I SEE THE DIMENSION INCORRECT, IT'S ABOUT 80 FEET AWAY FROM THE FRONT PROPERTY LINE. NOT, I DON'T HAVE THE EXACT MEASUREMENTS, BUT, UM, YEAH, I WOULD SAY ABOUT WHAT, 50, MAYBE 70 OR 80. OKAY. ALRIGHT. JUST WANTED TO CLEAR THAT UP. OKAY, THANK YOU. IS THE, UH, APPLICANT PRESENT? GOOD AFTERNOON. MY NAME'S JUAN FLORES AND THIS IS MY WIFE RACHEL FLORES. AND WE ARE THE OWNERS OF 68 16 WHITBY ROAD. UM, I HAVE A FEW PICTURES HERE THAT I'D ALSO LIKE TO PRESENT IF ALL POSSIBLE. AND AS MENTIONED BEFORE BY MS. RODRIGUEZ, UM, THE, UH, THE PURPOSE OF THE FENCE WAS TO BUILD A SUSTAINABLE NATURAL LOOKING FENCE. UM, YOU KNOW, WE'VE BEEN VERY FORTUNATE, UH, TO HAVE THIS PIECE OF PROPERTY HERE IN TOWN. AND, UH, OUR GOAL IS TO ALWAYS IMPROVE OUR PROPERTY, TO ALSO IMPROVE THE, UH, THE VALUE AND THE LOOKS OF, UH, OUR SURROUNDING NEIGHBORS AS WELL. AND, UM, AGAIN, THE PURPOSE FOR THIS MATERIAL WAS TO HELP WITH, UM, TO MAKE LOOK SUSTAINABLE. BUT ALSO DURING THE, UH, DISTANCE WAS BUILT DURING THE, THE BEGINNINGS OF THE PANDEMIC, WHICH, AS YOU ALL MAY KNOW, SUPPLY CHAIN WAS, WAS PRETTY DIFFICULT TO COME BY WHEN IT COMES TO ANY INDUSTRY, WHETHER IT BE ELECTRONICS, UH, LUMBER, THINGS OF THAT NATURE. SO WE FELT LIKE METAL WAS A, UH, WAS A, IT WAS A FENCE AND SOMETHING THAT WE WANTED TO DO. UM, SO THAT, YOU KNOW, YEARS TO COME, WE WEREN'T HAVING TO REPLACE IT AND WORRY ABOUT HAVING TO REPLACE LARGE SECTIONS OF THE FENCE. AND AGAIN, THE REASON WHY WE DID THIS COLOR WAS FOR A NATURAL LOOKING FENCE. UM, IT PROVIDES A LOT OF PRIVACY FOR OUR PROPERTY. UM, WE ALSO HAVE, UH, YOU KNOW, DOGS, WE HAVE CHICKENS, . UM, AND THEN WE ALSO HAVE, UH, MY SON WHO'S SEVEN YEARS OLD. SO THAT'S ALSO VERY IMPORTANT TO US THAT, UM, THE PRIVACY AND THE SECURITY IS, IS ALWAYS THERE FOR HIM AND FOR MY WIFE FOR THAT MATTER. AND, UM, WE WORK VERY HARD FOR THIS PROPERTY. ALRIGHT, THANK YOU VERY MUCH. UM, WE'RE GONNA SEE IF ANYONE SIGNED UP TO SPEAK. IS THERE ANYONE SIGNED UP OR VOICEMAILS? YES, WE HAVE SOMEONE SIGNED UP. WE HAVE UH, STAN DODD. OKAY. SO WE'RE GONNA HEAR FROM, UH, A CITIZEN WHO SIGNED UP AND THEN WE MAY HAVE QUESTIONS FOR YOU. THANK YOU FOR YOUR TIME. THANK YOU. HELLO, STAN DODD LIVE NEXT DOOR, HAVE PICTURES. FENCE LOOKS GREAT ON THAT SIDE. ON MY SIDE. LOOKS LIKE APPLEWHITE, I MEAN, NOT APPLEWHITE. UH, A PICK AND PULL SALVAGE YARD FENCE. UH, OH, THERE THEY ARE. STAFF. CAN YOU PUT THAT ON? YEAH, THEY LEFT THE OTHER FENCE UP THERE. THEY HAD CHAIN LINK UP THERE ON MY SIDE. UH, NONE OF THAT WAS TAKEN DOWN. SO YOU CAN IMAGINE WHAT KIND OF A MESS I'M GONNA HAVE LATER ON RIGHT THERE. YOU CAN SEE A ROOF STRUCTURE HANGING OVER ONTO MY SIDE OF THE PROPERTY. UH, THAT'S A PERMANENT STRUCTURE THERE. IT'S ALL METAL WELDED, EVERYTHING. THERE'S, THEY GOT TWO OF THEM UP BACK THERE LIKE THAT. SO, UH, THAT'S THE ONLY FENCE IN THE, UH, AREA THERE. UH, THAT IS COMPLETELY AROUND THE PROPERTY. FRONT SIDES AND BACK. I TRIED TO DO THAT ABOUT 20 YEARS AGO. I'VE BEEN THERE 25 SOMETHING YEARS. UH, Y'ALL WOULDN'T LET ME DO IT, BUT THESE PEOPLE WERE ABLE TO DO IT. SO IN ADDITION TO THE HAVING TO LOOK AT THAT FENCE, UH, THERE, UH, LIKE THAT IN THE BACK, THESE GUYS WENT REALLY FAST. , SO, I'M SORRY, THERE'S TWO PICTURES VIA BUSES. I GOT 50 BUSES PLUS EVERY DAY DRIVING UP AND DOWN OUR SIDE [02:15:01] ROAD OVER THERE 'CAUSE THERE'S AN ADULT DAYCARE CENTER DOWN THE END. UH, AND THEN BEHIND ME, UH, THERE'S UH, ONE OF 'EM THERE. AND THEN BEHIND ME, I GOT ANOTHER GUY THAT, UH, THE CITY SHUT DOWN HIS, UH, CAR STORE, WHATEVER THE HECK YOU CALL THAT. AND HE PUT ALL HIS PARTS RIGHT THERE, AIR IN OUR, IN HIS BACKYARD. UH, I CALLED THE CITY ON THAT OVER A YEAR AGO. I GOT COVID, ENDED UP 60 DAYS ON MY BACK. AND IN THAT MEANTIME, THE CITY CLOSED THE CASE AND WON'T EVEN COME OUT AND LOOK AT IT. UH, GUY PUT UP A PRIVACY FENCE AND COVERED ALL THAT UP EVERY TIME IT RAINS, YOU CAN IMAGINE WHAT KIND OF MESS WE GOT BACK THERE LIKE THAT. SO THAT'S JUST ANOTHER THING, THIS FENCE COMING UP WITH THE OTHER FENCE THERE THAT THEY DIDN'T EVEN REMOVE. THAT'S THEIR FENCE THAT I'D HAVE TO PUT UP WITH THERE AND I'D APPRECIATE IT NOT HAVING TO DO THAT. OKAY. UH, IS THERE ANY QUESTIONS FOR THE CITIZEN CRUZ? MR. CRUZ? UH, SIR, YOU'RE SAYING YOU, YOU LIVE RIGHT BEHIND THIS PROPERTY OR ON THE SIDE OF IT? TO THE EAST TO THE EAST OF IT, BUT THE FENCE GOES ALL, ALL ALONG THE PROPERTY LINE? YEAH, IT GOES ALL ALONG THE PROPERTY LINE. OKAY, THANK YOU. YEAH, EVERY TIME I WALK OUT MY BACKYARD AND I I HAVE A QUICK QUESTION FOR YOU. YEAH. SO YOU, THE PROPERTY TO THE EAST, THAT, THAT IS YOURS ADMITTED, IT'S TWO LOTS. YOU OWN BOTH LOTS, RIGHT? SAY THAT AGAIN? UH, UH, THE SURVEY SHOWS THAT THERE'S TWO DIFFERENT LOTS ON THE EAST SIDE. DO YOU, DO YOU OWN ALL THE WAY DOWN WHERE THE NEW FENCE IN QUESTION IS? I DO. OKAY. AND THEN THAT'S ALL ONE LOT. AND THEN THE, UH, THE PROPERTY THAT HAD THE, THE METAL SCRAP ON IT, THAT WAS THAT THE PROPERTY IN QUESTION THAT'S HERE BEFORE US 85 43 BARRON ROAD IS THE ADDRESS ON THAT PROPERTY. OKAY, I SEE THAT. ALL RIGHT, THANK YOU. ALRIGHT, THANK YOU VERY MUCH. OKAY. WE CAN HAVE THE, UH, APPLICANTS COME BACK FORWARD PLEASE. ALL RIGHT. IS THERE ANY QUESTIONS FOR THE, UH, APPLICANTS FROM THE COMMISSIONERS? NO, ZUNA COMMISSIONER ZUNA? YEAH. SO THE FIRST OBVIOUS QUESTION WAS ANY CONSIDERATION TO WHAT YOUR NEIGHBORS ARE GONNA BE LOOKING AT THE BACKSIDE OF THAT METAL FENCE? I MEAN, YOUR SIDE LOOKS GREAT, BUT I MEAN, COME ON. THAT LOOKS YES, BUT IF YOU CAN PLEASE LOOK AT THIS PHOTO HERE THAT WE BROUGHT, YOU CAN SEE THAT HE ALSO HAS A PRIVACY FENCE ON HIS SIDE AND HE CAN ONLY SEE THE WHITE PART OF THAT FENCE THROUGH THE PARTS OF HIS FENCE THAT ARE BROKEN. THE PHOTO THAT HE SHOWED IS STANDING RIGHT IN BETWEEN HIS FENCE AND OUR FENCE. THERE'S ONLY ABOUT THREE, TWO FEET MAYBE THAT YOU CAN ACTUALLY STAND THERE AND SEE. AND YOU HAVE TO BE RIGHT CLOSE TO SEE THAT WHITE SIDE. YOU CAN ALSO SEE IN THIS PHOTO, UM, THE OTHER PHOTO THAT HIS PRIVACY FENCE, WHICH IS MADE OUT OF WOOD, GOES A LITTLE BIT HIGHER THAN OUR FENCE. SO YOU CANNOT SEE THE WHITE FENCE ON ANY OF THE PARTS WHERE HIS PRIVACY FENCE IS ACTUALLY UPRIGHT. LET ME, LET ME JUST CLARIFY. HIS PROPERTY FENCE IS VERY OLD, VERY WORN, AND NOT KEPT AT ALL. OKAY, STEPH, CAN YOU, UH, UM, BRING UP THE, UM, EITHER THE SIDE PLAN OR THE AERIAL? THAT'S FINE. UH, CAN YOU GIVE THE LASER POINTER TO THE APPLICANT? CAN YOU, CAN, CAN YOU KINDA GIVE US A LITTLE KIND OF SHOW WHERE, WHERE, I'M SORRY. WHERE WE'RE TALKING ABOUT HERE. THAT'S NOT RIGHT THERE. A LASER POINTER. NO, I DON'T SEE ONE. IS THAT IT RIGHT THERE? NO, IT WAS RIGHT HERE. I SAID YEAH, IT WAS. I CAN POINT TO IT ON THE, THIS. OH, YOU KNOW WHAT, I'VE GOT THAT IN MY HAND HERE. I BELIEVE , I'M SORRY. HUNT SOMEBODY DOWN. OKAY, LET SEE. OKAY, SO IF YOU CAN SEE IF YOU CAN SEE THIS AREA RIGHT THERE. THAT'S HIS FENCE. OKAY. CAN YOU, CAN YOU BRING UP THE SITE PLAN ALL ALONG RIGHT THERE. OKAY. SO YEAH, SO THIS BOLD LINE THAT WHERE THE ARROW'S POINTING TO, THAT'S YES. YOUR FENCE, CORRECT. SO WHERE IS THE FENCE? HIS FENCE AT YOUR, HIS FENCE ALSO STARTS RIGHT THERE. AND THAT'S WHERE HE WAS STANDING. SORRY, I CAN'T, IT RUNS PARALLEL, RIGHT? AND IT'S A FEW FEET OFF. YES, MAYBE TWO. OKAY. ALRIGHT. ALL RIGHT. AND WE LEFT THAT CHAIN LINK FENCE IN THE MIDDLE BECAUSE WE HAVE HAD ISSUES WITH HIM BEING UPSET ABOUT US DOING ANY KIND OF WORK ON THE PROPERTY LINE SO THAT THAT WAY WE KNOW THIS IS OUR [02:20:01] PROPERTY LINE AND WE BUILT THIS METAL CORRUGATED FENCE EVEN FARTHER INTO OUR PROPERTY TO BE SURE THAT WE ARE NOT ENCROACHING ON HIS EASEMENT OR HIS PROPERTY WHATSOEVER. OKAY. SO IS THERE ANY ADDITIONAL QUESTIONS FROM THE COMMISSIONS FOR THE APPLICANT? OKAY. UH, SO WHAT WE'RE GONNA DO NOW IS IF, IF THERE'S, YOU GOT A MINUTE, IF YOU WANNA MAKE ANY CLOSING REMARKS, UH, WE'LL, WE'LL MAKE A MOTION TO DELIBERATE. THERE'S NINE OF US UP HERE, SO ALL NINE WOULD HAVE TO VOTE TO AGREE. SO IF, UM, THERE'S ANYTHING YOU'D LIKE TO ADD BEFORE WE MOVE ON? UM, I WOULD LIKE TO ADD THAT THIS IS IN A, UH, FARMSTEAD AREA. THERE'S A LOT OF BRUSH AND, AND SHRUBBERY, A LOT OF UNDEVELOPED PROPERTY. SO ON THE, THE BACKSIDE OF WHERE THE FENCE GOES, WHERE HIS, HIS PRIVACY FENCE ENDS, ALL OF THIS AREA, THERE IS NO, UM, BUILDING THAT CAN BE SEEN THERE. IT'S ALL BRUSH, IT'S ALL VEGETATION. OKAY. THANK YOU VERY MUCH. OKAY, SO WE'RE LOOKING FOR A MOTION STOP THERE. YEAH, THANK YOU. THANK YOU. OH, NO, YOU WANT ME? DO YOU WANNA ASK HER? OKAY. I WOULD LIKE TO MAKE A MOTION. OH, UNA COMMISSIONER ZUNA REGARDING CASE NUMBER BOA DASH 22 DASH 0 3 0 0 0 88. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO VARIANCE FROM THE FENCE MATERIALS TO ALLOW A CORRUGATED METAL FENCE ALONG THE SIDE PROPERTY LINE SITUATED AT 8 6 8 1 6 WOULD BE ROAD APPLICANT BEING JUAN FLOODS. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE DETERMINE SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITTLE 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. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE REQUESTED VARIANCE IS FOR THE CORRUGATED METAL FENCES ON THE ON, IN THE SIDE YARD OF THE SUBJECT PROPERTY. IT IS NOT EASILY VISIBLE FROM THE PUBLIC RIGHT OF WAY. UH, THEREFORE THE VARIANCE DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST DUE TO THE SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN, IN NEEDING TO REPLACE THE FENCE WITH THE PERMITTED MATERIAL, THE PROPERTY SUSCEPTIBLE TO HIGH VEGETATION AND MAINTENANCE, WHICH WOULD RESULT IN UNNECESSARY HARDSHIP. TWO, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE REQUEST IS TO INSTALL A CORRUGATED METAL FENCE ALONG THE SIDE PROPERTY LINE FOR ADDED SECURITY AND DURABILITY. THE FENCE CONTAINS PROTECTED EDGES, THUS THE SPIRIT OF THE ORDINANCE OF BEING OBSERVED FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION THAT OF USE OTHER THAN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITHIN THIS VARIANCE VIA SUCH VARIANCE, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALL THROUGH THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. UH, STAFF DOES NOT FIND THE REQUEST FOR THE CORRUGATED METAL TO SUBSTANTIALLY INJURE THE ADJACENT PROPERTIES. THE FENCES STAINED A NATURAL COLOR DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, ARE THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS IS APPLIED TO THE OWNER OF THE PROPERTY FOR ITS THE VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES AND OF MOTION. SECOND, WE HAVE A MOTION AND A SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER A ZUNA. YEAH. SO I, I AM GONNA BE SUPPORTING THE MOTION. UM, MY FIRST INSTINCT WAS, WAS WHEN I SAW THE, THE BACKSIDE WAS, YOU KNOW, THAT NOT A VERY, UH, CAPSIDE BUT THEN TESTIMONY, ADDITIONAL TESTIMONY WAS PROVIDED WHERE THERE WAS AN ADJACENT FENCE RUNNING ALONG THE SAME, UM, SIDE PROPERTY LINE, WHICH COVERS IT. AND, AND SO I MEAN, IT'S THE NEIGHBOR'S FENCE THAT IS COVERING IT. SO, I MEAN, I'M GONNA GO ASIDE WITH STAFF'S RECOMMENDATION TO APPROVE THE VARIANCE. COMMISSIONER BRAGMAN, UM, I AGREE WITH MY COLLEAGUE. IN ADDITION TO THAT, FROM THE AERIAL PICTURE, IT APPEARS THERE TO BE A FAIR AMOUNT OF HEAVY VEGETATION ALONG THAT FENCE LINE, UM, ON THE, UM, NEIGHBOR'S PROPERTY. UM, AND IT APPEARS THAT THE STRUCTURES ARE SET PRETTY FAR OVER TO THE EAST ON THE, THE PROPERTY. SO, UM, I'LL BE IN SUPPORT OF THE MOTION. OKAY, ANY OTHER COMMISSIONERS LIKE TO ADD MIN CHAKA, COMMISSIONER MIN CHAKA? I AM IN AGREEMENT ALSO. AND, UM, I'M THANK YOU FOR SHOWING US THE DIFFERENCE AND THE GAPS AND WITH THIS WHITE, THE MINIMAL EXPOSURE OF THE WHITE SIDE ON THAT. APPRECIATE THAT. ALL RIGHT. ANYONE ELSE? ALBERT COMMISSIONER ALBERT. ALBERT. I'LL BE IN SORT OF THE APPLICANT. I'LL BE IN SUPPORT OF IT. UM, HOWEVER, I'D LIKE TO ENCOURAGE THE APPLICANT TO MEET WITH THEIR NEIGHBOR AND ADDRESS, UH, WHAT APPEAR TO BE SOME PRETTY GOOD CONCERNS. UH, THE, THE LITTLE METAL ROOF THAT'S ATTACHED TO THE FENCE AND HOW YOU'RE GONNA MANAGE THE WEED AND, UH, VOLUNTEER TREES THAT GROW UP BETWEEN THE FENCES. UH, I THINK THAT'D BE A GOOD NEIGHBORHOOD THING TO DO TO TRY TO FIGURE THAT THAT OUT. ALL RIGHT, THANK YOU. ANYONE ELSE? ALL RIGHT. HEARING NOW, LET'S HAVE A ROLL CALL. VOTE [02:25:01] PLEASE. MR. OZUNA. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. SPIELMAN. I CONCUR. MR. ALBERT. I CONCUR. MR. MENCHACA? I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ. I CONCUR. MS. KA? NOPE. MS. LIND? I CONCUR. CHAIR ORIN. CHAIR ORIN. AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES NINE TO ZERO. UH, NEXT MOTION IS FOR THE SPECIAL, UH, EXCEPTION. ANYONE LIKE TO READ THAT ONE? COMMISSIONER CRUZ. SORRY. FORGOT MY MIC. OKAY. UM, OH, LET ME SCROLL, SCROLL IT DOWN SO I CAN FINISH READING. AND BEFORE YOU START, UM, YES SIR. AND, AND CAN YOU COME UP HERE WITH THE APPLICANT PLEASE? I'M, I'M GOING TO, UH, REOPEN THE PUBLIC HEARING FOR A SECOND. I NEED TO ASK A QUICK QUESTION. SO WHEN WE GRANT VE WHEN WE GRANT THESE SORT OF THINGS, UH, THERE'S TYPICALLY, UM, WE KNOW EXACTLY WHERE YOUR FENCE IS. AND FROM YOUR SITE PLAN, IT LOOKS LIKE IT'S 50 TO 60 FEET AWAY FROM YOUR FRONT PROPERTY LINE. IS THERE A NUMBER THAT YOU FEEL SAFE THAT IS, UH, THE DISTANCE FROM YOUR FRONT PROPERTY LINE? 50 FEET, 60 FEET? I WOULD SAY ABOUT 60 FEET. OKAY. SO WE'LL DO 55 TO BE SAFE. OKAY. JUST RIGHT. THANK YOU VERY MUCH. THANK YOU. SO WHEN YOU READ THE MOTION, JUST SO YOU KNOW, IF YOU WANTED TO RESTRICT IT WITHIN 50, 55 FEET OF THE FRONT PROPERTY LINE, IT'D BE A SAFE NUMBER. SO WE WOULDN'T, WE WOULDN'T GIVE HIM A SPECIAL JUST TO NOT GIVE A SPECIAL EXCEPTION ALL THE WAY TO THE PROPERTY LINE O OKAY. BECAUSE IT SHOWS THREE FEET SPECIAL EXCEPTION, SO CHANGE IT. NO, I WAS JUST GONNA SAY TO, TO NO CLOSER THAN 55 FEET TO THE FRONT PROPERTY LINE. 55 FEET MM-HMM. . OKAY. YEAH. FROM THE FRONT PROPERTY LINE. OKAY, I GOT IT. REGARDING CASE NUMBER BO A 22 103 0 0 0 8 8, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A EXCEPTION FOR THE MAXIMUM 55 FEET, NO THREE FOOT FENCE HEIGHT SITUATED AT 68 16 WOULD BE WROTE A APPLICANT BEING JUAN FLORES BECAUSE OF TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT, THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WILL RESULT IN A NECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION. THE ADDIT, THE ADDITIONAL THREE FOOT AND FENCE HEIGHT, WILL ONLY BE LOCATED ALONG THE FRONT SIDE PROPERTY LINE NO MORE THAN 55 FEET AND IS INTENDED TO PROVIDE ADDITIONAL SECURITY AND PRIVACY. THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY, A SIX FOOT FENCE ALONG THE SIDE PROPERTY LINE DOES NOT POSE ANY ADVERSE IMPACTS TO THE PUBLIC WELFARE. SEE, THE NEIGHBORING PARTY PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE BOARD FINDS THAT THE FENCE WILL CREATE ADDITIONAL SECURITY FOR THE SUBJECT PROPERTY. IT IS NOT NOTICEABLE FROM THE RIGHT OF WAY, THEREFORE UNLIKELY TO SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES. DE THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL HEIGHT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE SIX FEET FENCE WILL ONLY SURPASS THE FRONT FACET OF THE FEW FEET WITH THE REST OF THE FRONT FENCE BEING A PERMITTED FENCING MATERIAL AND HEIGHT. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME. THEY REQUEST THAT SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AND OF MOTION. I'M GONNA GO AHEAD AND SECOND THAT AND, UM, UH, COMMISSIONER CRUZ, CAN I MAKE AN AMENDMENT, UH, TO THE, THE BEGINNING OF THE MOTION TO ADD, UM, TO, TO STATE THAT THE BOARD OF ADJUSTMENT GRANTED THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE SIDE TO ALLOW A SIX FOOT SOLID SCREED FENCE IN THE FRONT YARD, NO CLOSER THAN 55 FEET TO THE FRONT PROPERTY LINE. IS THAT ACCEPTABLE? I, I CONCUR. ALRIGHT, THANK YOU. SO, UH, IS THERE ANY, UH, DISCUSSION? COMMISSIONER CRUZ? [02:30:02] SORRY. UM, YES, SIR. WITH THE, UM, WITH THE FENCE AND WITH THE PROPERTY BEING SO BIG, I UNDERSTAND THE PROBLEMS THEY'RE HAVING AND I DON'T SEE AN ISSUE WITH IT. AND I THINK THAT, UH, EVENTUALLY, UM, IT WILL REALLY ENHANCE THE PROPERTY. THANK YOU. THANK YOU. AND I, I AM ALSO IN SUPPORT. IS THERE ANY, THE OTHER COMMISSIONERS, UH, I'D LIKE TO ADD HEARING NONE. LET'S HAVE A ROLL CALL VOTE PLEASE. MS. CRUZ. I CONCUR. CHAIR ORIAN? UH, I CONCUR. MR. SPIELMAN? I CONCUR. MR. ALBERT? I CONCUR. MR. MACHACA? I CONCUR. MR. VASQUEZ? I CONCUR. MS. BRAGMAN, I CONCUR THE FINDINGS OF FACT. MS. LIND, I CONCUR. AND MR. OONA? YES, I CONCUR. ALL RIGHT. MOTION PASSES. NINE TO ZERO. UH, CONGRATULATIONS AND, UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. THANK YOU. ALL RIGHT, ITEM NUMBER 11, LET LET THE RECORD SHOW THAT COMMISSIONER MANNA HAS, UH, REENTERED THE ROOM. 3:38 PM GOOD AFTERNOON. ITEM NUMBER 11 IS FOR CASE BO O A DASH 22 DASH 1 0 3 0 0 8 9. LOCATED AT SEVEN 30 CRAVENS AVENUE WITHIN COUNCIL DISTRICT THREE, THE APPLICANT BEING LUCAS'S HUCKLEBERRY IS A REQUEST FOR A NINE FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT TO BE ONE FOOT FROM THE FRONT PROPERTY LINE. THE PROPERTY IS OWNED. R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT. IN 2017, THE APPLICANT OBTAINED A PERMIT FOR AN ATTACHED CARPORT TO BE LOCATED IN THE FRONT OF THE EXISTING RESIDENCE. THE APPLICANT MAY HAVE USED THE STREET CURB AS A PROPERTY LINE FOR THE ORIGINAL DISTANCE MEASUREMENT INSTEAD OF THE FRONT PROPERTY LINE. THIS RESULTED IN THE STRUCTURE NOT MEETING THE MINIMUM 10 FOOT FRONT SETBACK. DUE TO THIS, A CODE CASE WAS OPENED. THE CONSTRUCTION OF THE CARPORT HAS ALREADY BEEN COMPLETED. THE STRUCTURE WAS PREVIOUSLY ENCLOSED, BUT THE APPLICANT HAS SINCE THEN TURNED IT BACK INTO A CARPORT. IT WAS OBSERVED THAT, THAT THE CARPORT IS ONE FOOT FROM THE FRONT PROPERTY LINE. THE CARPORT DOES MAINTAIN THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT. THIS IS A SITE PLAN THAT WAS SUBMITTED BY THE APPLICANT SHOWING THE LOCATION OF THE CARPORT. THE, THAT WAS WRITTEN ON AFTER I SUBMITTED THE CARPORT ATTACHED TO THE FRONT OF THE EXISTING RESIDENCE. THE ORIGINAL GOOGLE STREET VIEW SHOWING THE PREVIOUSLY ENCLOSED STRUCTURE. THE STRUCTURE DOES MAINTAIN THE MINIMUM SIDE SETBACK REQUIREMENT. THE SURROUNDING AREA AND THE SURROUNDING AREA REGARDING THE FRONT SETBACK VARIANCE STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE CARPORT MEETS THE MINIMUM SIDE SETBACK REQUIREMENT. TWO. SIMILAR CARPORTS WERE OBSERVED IN THE SURROUNDING AREA. THEREFORE, THE STRUCTURE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. AND THREE, THERE IS A LIMITED AMOUNT OF SPACE AVAILABLE TO COMPLY WITH THE FRONT SETBACK TO DEVELOP A CARPORT. WE SENT OUT 31 NOTICES. WE DID RE RECEIVE ONE IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM HIGHLAND HILLS NEIGHBORHOOD ASSOCIATION. AND THIS CONCLUDES STAFF'S PRESENTATION. AND WE DO HAVE THE APPLICANT PRESENT. THANK YOU. THANK YOU. UH, THE APPLICANT. STEP FORWARD AND PLEASE, UH, BEGIN YOUR PRESENTATION. DO I NEED TO, SHE SAID, SHE SAID IT ALL. WE CAN JUST GO OVER, SHE SAID, UM, IT'S UP TO YOU IF YOU'D LIKE TO. NO, I MEAN, I'LL SPEAK MY PIECE. YEAH. UM, UH, I DID NOT WRITE ON THAT. UM, I, I SUBMITTED, I HAD, UH, A FRIEND OF MINE, UH, CONTRACTOR DROPPED SOMETHING ON A, ON A PIECE OF GRAPH PAPER, AND THAT'S WHAT WE GOT THE PERMIT OFF OF. AND IT LOOKED LIKE SOMEBODY WROTE THAT IN AFTER THE FACT. IF I LOOK AT THE PAPERWORK AND I HOLD IT ALL UP AGAINST EACH OTHER, IT LOOKED LIKE, YOU KNOW, THEY, THEY, SOMEBODY PROBABLY STAMPED OFF ON IT AND CAUGHT THEIR MISTAKE LATER OR SOMETHING. I DON'T KNOW. I'M HYPOTHESIZING. BUT, UH, I KNOW, I MEAN, I GOT THE PERMIT AND, UH, I'LL BE HONEST WITH YOU GUYS, THE REASON I KNOW THAT, YOU KNOW, THEY KNEW WHERE IT WAS AT IS BECAUSE I WAS BUILDING WITHOUT A PERMIT. SO THE POSTS WERE ALREADY SET. SO THEY KNEW THERE WERE THE, THERE WAS A, A OFFICER ASSIGNED TO IT AND HE KNEW WHERE THEY WERE AT. AND I, YOU KNOW, HE FOLLOWED ME WITH ME THROUGH THE PERMIT PROCESS. I, I, I OBTAINED IT AND, AND THAT WAS THAT. UM, AND THEN, YOU KNOW, I DID DURING C O V I D, UM, YOU KNOW, MY PART IN IT WAS THAT I, I DID, I WAS, WELL, I CAN SUPPORT THIS DOCUMENTATION. I WAS A VICTIM OF A CRIME IN THAT VERY DRIVEWAY, UM, A GUN CRIME. BUT, UM, BE THAT AS IT MAY, I WALLED IT IN WITHOUT A PERMIT. UM, SINCE, SINCE THIS BEGAN, UH, I CAME DOWN HERE TO TRY TO, YOU KNOW, MAYBE AVOID ALL THIS SINCE I KNOW YOU FOLKS PROBABLY GOT BETTER STUFF TO DO. AND, UM, THE [02:35:01] BASICALLY, UH, MY UNDERSTANDING WAS IF I JUST TOOK THE WALLS DOWN THAT WE WERE GOOD. AND I BELIEVE IT WAS THE NICE YOUNG LADY WHO WAS JUST UP HERE THAT WE KIND, KIND OF WORKED WITH ME ON THAT. AND THAT WAS COOL. AND I THOUGHT WE WERE ALL GOOD. SO WE DID THAT. WE TOOK ALL THAT STUFF DOWN. I HAD MIGHTY MULES INSTALLED ON THE DOORS. I SPENT SOME MONEY, YOU KNOW, BUT IT'S, I'LL TAKE THAT LOSS. UM, BUT, BUT I, I DON'T FEEL LIKE, AND IT, IT SOUNDS LIKE, YOU KNOW, LIKE THEY'RE GONNA DO THE RIGHT THING. BUT I, I MEAN, I GOT THE, THE PERMIT PAID FOR ON, ON THE SPECS WITH THE, THE CURB CLEARLY MARKED. YOU KNOW, AND I DON'T KNOW WHO WROTE ON THAT, THAT SURVEY AFTER THE FACT, BUT I'VE GOT A FEW DIFFERENT THINGS WITH SOME WITH PENCILS, SOME WITH INK, AND, AND THEN, UM, I DON'T KNOW. IT JUST, IT'S JUST FISHY. BUT I, I, I'M NOT, I'M NOT HERE TO STIR ANYTHING UP. I JUST, YOU KNOW, I JUST DON'T WANNA TEAR MY CARPORT DOWN 'CAUSE I CAN'T AFFORD TO RIGHT NOW. ALL RIGHT. THANK YOU. THANKS. UH, GIMME ONE SECOND. STAFF. IS ANYBODY, SO TO SPEAK, ANY VOICEMAILS? NO. NO. GREAT. IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? COMMISSIONER MANNA? SO QUESTION FOR THE CITY STAFF. UM, SO, SO WE'RE APPROVING A CARPORT HERE, SO THAT WOULD, UH, THAT WOULDN'T APPLY TO IT BEING RE ENCLOSED AS A GARAGE, CORRECT? SO, SO IF WE DO APPROVE THIS, IT'S BEING APPROVED AS A CARPORT, CORRECT? THAT'S CORRECT. OKAY. THAT'S ALL I HAVE. ANY OTHER QUESTIONS? NO PROBLEM. I HAVE NO PROBLEM WITH THAT. I JUST HAVE A, A QUICK QUESTION. UH, JUST BASED ON THE SURVEY, IT LOOKS LIKE THE FRONT OF YOUR HOUSE IS 26 FEET AWAY FROM THE PROPERTY LINE. AND SO, YOU KNOW, THE, THE REQUEST IS FOR ONE FOOT AWAY SO THAT, THAT LEAVES 25 FEET FOR, FOR AN AMPLE SIZED VEHICLE. IS IT, IS THE CARPORT ATTACHED TO THE HOME OR IS IT SEPARATED A LITTLE BIT? UH, IT, YOU KNOW, IT'S ATTACHED IN JUST LIKE A, THE SHINGLES MIGHT OVERLAP IN THAT ONE, IN THAT, LIKE I COULD IF, BECAUSE MY UNDERSTANDING WAS IF IT WAS DETACHED, YOU GOT A LITTLE BIT BETTER OF A SETBACK, A LOWER SETBACK. RIGHT. UH, LESS OF A SETBACK. UH, I THOUGHT IF IT WAS ATTACHED TO YOU, IT'S ATTACHED. OKAY. IT'S THE OPPOSITE. IT'S, IF IT'S ATTACHED, IT'S BETTER. OKAY. OKAY. WELL, IT'S ATTACHED. ALL RIGHT. , THAT'S AWESOME. BUT I HAD A RECIPROCATING SAW THAT WAS ABOUT TO FIX IT IF IT NEEDED TO BE THE OTHER ONE. . OKAY. WELL, I MEAN, I, I DON'T HAVE ANY OTHER QUESTIONS OR ANY OTHER QUESTIONS FROM THE REST OF THE COMMISSION. MICKA COMMISSIONER MICKA, UH, SIR, WHEN YOU HAD THAT ROOF DONE AND THE METAL CORRUGATED METAL LIKE THAT YES SIR. AND THEN YOU LAID SHINGLES ON IT? OH NO, I DIDN'T. UH, THAT, THAT PART, UH, STILL HAS, UM, UH, THE WHOLE CARPORT HAS THE CORRUGATED ROOF. IT DOESN'T HAVE ANY SHINGLES OVER IT. IT WOULD JUST TRANSITION, UM, ON THE ONE PART. 'CAUSE I HAVE A, LIKE A L SHAPE WHERE YOU CAN, IF IT'S RAINING, YOU KNOW, YOU CAN WALK AROUND AND NOT GET DRENCHED AND, UH, THEY USE SOME, SOME SHINGLES TO TRANSITION, UH, INTO IT. AND THAT'S WHY I WAS SAYING IF I NEEDED TO CUT THE SHINGLES RIGHT THERE, I COULD AND DETACH IT BECAUSE IT'S, THAT'S REALLY ALL THAT'S IN THAT ONE SPOT. IT'S JUST LIKE MAYBE A REAL THIN SHEET OF PLYWOOD. AND I'M TALKING ABOUT MAYBE LIKE A FOOT, YOU KNOW WHAT I MEAN? NOT, NOT NOTHING TOO SUBSTANTIAL. YEAH. THANK YOU. ALRIGHT, THANK YOU. WHAT ELSE? AND, AND I GOT THE, ONE OF THE NICEST HOUSES ON THE BLOCK TOO. THAT WAS THE OTHER THING I WAS GONNA SAY, BUT . OKAY. I DO MY BEST TO KEEP THE PROPERTY VALUE UP. YES, SIR. UH, IF SINCE THERE'S NO OTHER QUESTIONS, UH, WE'RE LOOKING FOR A MOTION MANNA COMMISSIONER MANNA, REGARDING CASE NUMBER BO A 2 2 1 0 3 0 0 0 8 9. A MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A NINE FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE SITUATED AT 7 3 0 CRAVENS, APPLICANT BEING LUCAS HUCKLEBERRY 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 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 AN ATTACHED CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE. THE STRUCTURE WILL MEET THE MINIMUM SIDE SETBACK, THUS THE REQUEST IS NOT 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 AN UNNECESSARY HARDSHIP. BY IMPOSING A LITERAL ENFORCEMENT, A CARPORT CANNOT BE CONSTRUCTED ON THE PROPERTY. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE CARPORT WILL NOT ENCROACH ONTO NEIGHBOR'S PROPERTY AND DOES NOT POSE ANY FIRE SAFETY HAZARDS WHICH OBSERVES THE SPIRIT OF THE ORDINANCE. 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 OF 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 THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE PROPOSED STRUCTURE [02:40:01] DOES NOT CAUSE ANY CONCERN AND DOES NOT APPEAR TO SUBSTANTIALLY INJURE USES OF ADJACENT CONFORMING PROPERTIES OR THE CHARACTER OF THE NEIGHBORHOOD. THERE WILL BE SPACE BETWEEN THE CARPORT AND STREET CURB AND OTHER CARPORTS WERE OBSERVED IN THE AREA. SIX. THE PLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS THAT THE PLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE PROPERTY HAS LIMITED SPACE SPACING IN THE FRONT, WHICH PREVENTS THE CARPORT TO MAINTAIN THE 10 FOOT FRONT SETBACK REQUIREMENT. END OF MOTION CREW BOARD MEMBER, UM, MANX, EXCUSE ME ONE MOMENT. I'D LIKE JUST TO CLARIFY, YOU SAID ONE INCH, BUT I BELIEVE YOU MEANT ONE FOOT. I DID MEAN ONE FOOT. I APOLOGIZE. THANK YOU. THAT'S WHAT I WAS GONNA CORRECT HIM ON, MA'AM. THANK YOU. WE HAVE A SECOND BY COMMISSIONER CRUZ. UH, COMMISSIONER MANNA. YEAH, THAT WOULD BE REALLY CLOSE. UM, SO, SO I APOLOGIZE FOR MISREADING THAT, AND I'LL BE VOTING IN FAVOR OF THIS, UM, FOR A COUPLE REASONS. ONE, I THINK BECAUSE OF THE SIZE OF THE PROPERTY AND LOCATION OF THE HOUSE BEING THAT CLOSE, UM, YOU KNOW, THIS IS KIND OF, YOU KNOW, FOR A CARPORT THAT'S A REQUIREMENT HERE. UH, TWO, ALSO DRIVING DOWN THE STREET, I SEE OTHER CARPORTS. SO I THINK THOSE CONSISTENT WITH OTHER THINGS GOING ON IN THE NEIGHBORHOOD. SO BECAUSE OF THOSE TWO THINGS, I'LL BE VOTING IN FAVOR. THANK YOU. COMMISSIONER CRUZ? UH, YES, I CONCUR WITH MR. MANN. AND I DON'T SEE A PROBLEM WITH IT. IT, IT LOOKS LIKE IT'S IN GREAT SHAPE. SO I DON'T SEE ANY PROBLEMS. AND SINCE NONE OF THE NEIGHBORS COMPLAIN EITHER, I DON'T SEE WHY WE, WE SHOULD OBJECT. THANK YOU. THANK YOU. IS THERE ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? HEARING NONE. LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. MANUP. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. SPIELMAN. I CONCUR. MR. ALBERT I CONCUR. MR. MANCHACA I CONCUR. MR. VASQUEZ. I CONCUR. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. MS. LIND. I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. MAY I ALSO CONCUR WITH THE FINDINGS OF FACT? MOTION PASSES 10 TO ZERO. UH, CONGRATULATIONS. THANK YOU. THANK YOU. YOU'RE WELCOME. QUICK QUESTION. YES, SIR. UH, OUTDOOR BLINDS. CAN YOU USE THOSE LIKE ON ONE SIDE? IS THAT A VIOLATION? I DON'T THINK ANYONE'S ASKED ME THAT BEFORE, BUT I'M SURE ONE OF OUR, UH, KNOWLEDGEABLE STAFF, I'LL CALL BACK DURING BUSINESS HOURS. THAT'S A, THAT'S A, Y'ALL GOT MORE, MUCH MORE IMPORTANT STUFF HERE, BUT YOU'RE CERTAINLY WELCOME TO ASK WHILE THE THERE ARE RESOURCES WHILE THEY'RE HERE. ALL RIGHT, NEXT ITEM. 12 U D C AMENDMENTS. OKAY, SO WHAT'S, HOW MANY PEOPLE HAVE HAS OFFICIALLY SIGNED UP TO SPEAK? SO WE HAVE FOUR, WE HAVE FOUR VOICEMAILS TO PLAY. OKAY. UH, AND THEN WE HAVE A COUPLE FOLKS. WE HAVE TWO SIGNED IN TO SPEAK. ALL RIGHT. ALL RIGHT. SO WHAT WE'RE GONNA DO IS HEAR THE VOICEMAILS AND I ASSUME THESE ARE THE, THE TWO CITIZENS SIGN UP TO SPEAK. OKAY? ARE YOU, ARE YOU SIGNED UP TO SPEAK? NO, SHE'S AN, UH, APPLICANT FOR ONE OF THE AMENDMENTS IF IT'S PULLED FROM IN. YEAH, SO, SO WHAT'S HAPPENING IS, UM, WE HAVE 11 THAT WE'RE GONNA BE VOTING ON. UH, SOME WILL BE, UH, IN CONSENT AND SOME WILL BE INDIVIDUAL. AND SO IF YOU WOULD LIKE TO SPEAK, UH, BEFOREHAND, THAT'S FINE. UH, SINCE THE CONSENT PROCESS GOES SO QUICKLY, UM, UH, OR IF YOU'D LIKE TO WAIT TILL YOUR INDIVIDUAL, UH, YOU JUST LET US KNOW. SO, UH, IF, IF I MAY, CAN I START OFF BY READING A SUMMARY OF THE WRITTEN COMMENT RECEIVED FOR EACH OF THOSE AMENDMENTS? SURE, THAT'D BE GREAT. I'LL BE QUICK. THANK YOU FOR AMENDMENT FIVE DASH 22. RELATED TO FENCING REGULATIONS, WE HAD 48 LETTERS RECEIVED IN SUPPORT, ZERO IN OPPOSITION FOR AMENDMENT FIVE DASH 23 RELATED TO SPECIAL EXCEPTIONS FOR BEAUTY BARBERSHOPS. WE HAD 48 IN SUPPORT, ZERO IN OPPOSITION FOR AMENDMENT 16 DASH TWO RELATED TO SHORT-TERM RENTALS. WE HAD 59 IN SUPPORT AND 20 OPPOSED FOR AMENDMENT. 16 DASH EIGHT RELATED TO NOTICE PROVISIONS. WE HAD 52 IN SUPPORT AND ZERO OPPOSED FOR AMENDMENT 16 DASH 10 RELATED TO NEIGHBORHOOD REGISTRATION, WE RECEIVED 52 COMMENTS IN SUPPORT, ZERO OPPOSED FOR AMENDMENT 25 DASH ONE RELATED TO THE MILITARY LIGHTING OVERLAY DISTRICT. WE HAD 79 IN SUPPORT AND ZERO IN OPPOSITION. AND LASTLY, FOR AMENDMENT 26 DASH ONE RELATED TO GAS STATIONS, WE HAD 49 LETTERS SUBMITTED IN SUPPORT, ZERO IN OPPOSITION AND ONE WAS RECEIVED THAT WAS IN NEITHER FAVOR OR OPPOSITION. THANK YOU. ALRIGHT, THANK YOU. AND WE DO HAVE THOSE VOICEMAILS READY. OKAY. HI, MY NAME IS ANNA SMITHERMAN. I LIVE AT 1 3 2 0 7 NORTH [02:45:01] HUNTERS CIRCLE. THAT'S DISTRICT EIGHT AND I'M COMMENTING ON AMENDMENT 16 DASH TWO. I AM VERY CONCERNED ABOUT TYPE TWO SHORT-TERM RENTALS IN RESIDENTIAL AREAS. THIS IS NOT SIMPLY A PARTY HEALTH ISSUE, IT'S A QUALITY OF LIFE ISSUE. I'M A MOTHER OF TWO SMALL CHILDREN. I MAIN CONCERN IS THEIR SAFETY AND THE CONSTANT IN AND OUT OF DIFFERENT PEOPLE EVERY FEW DAYS MAKES IT IMPOSSIBLE TO MONITOR SU SUSPICIOUS BEHAVIOR IN MY NEIGHBORHOOD AND IT FEELS UNSAFE TO LET MY CHILDREN PLAY IN THE FRONT YARD. THE STATE OF TEXAS REQUIRES SEX OFFENDERS TO REGISTER WHERE THEY RESIDE, BUT WITH THESE RENTERS THERE ARE NO BACKGROUND CHECKS. THE QUOTE HOSTS DON'T EVER EVEN INTERACT WITH THE RENTERS IN PERSON AND THEY'RE NOT EVEN ABLE TO VERIFY IF THE PROFILE THAT THEY'RE INTERACTING WITH ONLINE IS REAL. UM, THEY INVITE THESE RISKS TO OUR FRONT DOORS. ONE OF MY NEIGHBORS HAS ALREADY CAUGHT PEOPLE WATCHING THROUGH, UH, THE FENCE WHILE SHE RELAXED BY HER POOL. THERE ARE SHORT TERM RENTALS SURROUNDING ELEMENTARY SCHOOLS AND SCHOOL BUS STOPS WHERE OUR CHILDREN WALK HOME. JUST LAST MONTH, A MAN STABBED HIS MOTHER TO DEATH IN A SHORT-TERM RENTAL IN A FAMILY AREA. SOME OF THESE PROPERTIES MAY NOT SEEM PROBLEMATIC UNTIL ALL OF A SUDDEN THEY ARE BEYOND THIS. TYPE TWO SHORT-TERM RENTALS TAKE VALUABLE HOUSING OFF THE MARKET FOR SAN ANTONIO RESIDENTS. I REALIZED TOURISM IS AN IMPORTANT PART OF THIS CITY, BUT WITHOUT THE LOCALS THERE WOULD BE NOTHING TO VISIT. WE DESERVE TO BE A PRIORITY TOO. WE NEED TO FOLLOW THE LEAD OF PLACES LIKE ARLINGTON, WHICH HAS ALREADY COME UP WITH A COMPROMISE THAT ALSO PROTECTS RESIDENTIAL AREAS FROM BEING EXPLOITED FOR COMMERCIAL INTERESTS. OF NOTE, ARLINGTON'S ORDINANCES HAVE BEEN UPHELD BY THE TEXAS SUPREME COURT, SO THE MISINFORMATION THAT THERE'S NOTHING WE CAN DO IS PURELY FALSE. EVEN DALLAS IS IN THE PROCESS OF VOTING TO REDEFINE ENTIRE HOME ST AS LODGING, WHICH WOULD SUBJECT THEM TO THE SAME ZONING REGULATIONS AS HOTELS. SAN ANTONIO'S CURRENT REGULATIONS AND PROPOSED AMENDMENTS DO ALMOST NOTHING TO PROTECT OUR FAMILIES AND COMMUNITIES AND ARE RARELY ENFORCED AT THAT. SAN ANTONIO NEEDS TO COMPLETELY OVERHAUL THEIR SS T R ORDINANCES TO REFLECT THE RAPIDLY CHANGING LANDSCAPE AND DEVELOP A STRONG PLAN FOR ENFORCEMENT TO KEEP FAMILIES SAFE AND IN AFFORDABLE HOMES. THANK YOU FOR YOUR CONSIDERATION. YES. MY NAME IS MICHELLE MITCHELL. 1 3 2 0 2 NORTH HUNTER CIRCLE, SAN ANTONIO, TEXAS SEVEN EIGHT TWO THREE ZERO. PHONE NUMBER (210) 412-8643. I'M COMMENTING ON CASE NUMBER 16 DASH TWO. UH, I'M CALLING 'CAUSE I AM CONCERNED OF THE SHORT TERM RENTALS IN OUR NEIGHBORHOOD. I HAVE A AIRBNB NEXT TO MY HOUSE, WHICH I AM CONCERNED ABOUT POSSIBLE HUMAN TRAFFICKING AS WELL AS THE NUISANCE OF THE NOISE, UM, AT ALL TIMES OF THE DAY. UM, THIS IS A RESIDENTIAL AREA WHERE OUR CHILDREN ARE EXPOSED TO HAVING DIFFERENT INDIVIDUALS COMING IN AND OUT WHERE WE DON'T KNOW WHO THEY ARE, UM, WHICH IS CONCERNING AND I WOULD LIKE TO BRING THAT TO THE ATTENTION OF THE CITY. THANK YOU. HI, MY NAME IS LOESS GARCIA. MY HUSBAND AND I LIVE WITH OUR FAMILY AT 1 3 3 0 2 HUNTERS HOLLOW AND THE HUNTERS CREEK NEIGHBORHOOD. AND I'M COMMENTING ON AMENDMENT NUMBER 16 DASH TWO. I'M REACHING OUT AS A CONCERNED CITIZEN WHO LIVES ACROSS THE STREET FROM A SHORT-TERM RENTAL THAT'S BEING OFFERED VIA THE V R B O WEBSITE. SINCE THE START OF THIS RENTAL, GUESTS HAVE MADE A NEXUS OF NOISE. THIS HOME HAS BECOME A NUISANCE AND HAS CHANGED THE FABRIC OF OUR NEIGHBORHOOD. V R B O HAS A STRICT POLICY INDICATING THAT GUESTS MAY NOT HOLD EVENTS IN THE HOME AND THE OWNER DOESN'T HOLD THEM ACCOUNTABLE TO THOSE EXPECTATIONS. THERE HAVE BEEN MULTIPLE EVENTS OR PARTIES IN THE SHORT-TERM RENTAL, UH, RENTAL, AND THE HOMEOWNER DOESN'T SHOW ANY CONCERN THAT GUESTS ARE BREAKING THE OH NO EVENTS POLICY. IN ADDITION TO THE NOISY OR NUISANCE ISSUE, WE HAVE A DEEP CONCERN THAT WE AS NEIGHBORS HAVE NO CLUE WHO IS STAYING IN THE HOUSE AT ANY GIVEN TIME. AS IT'S BECOME A REVOLVING DOOR OF RANDOM GUESTS STAYING THERE EVERY, EVERY COUPLE OF DAYS, THE THESE GUESTS COULD BE DANGEROUS AND WE WOULD HAVE NO CLUE. AS PARENTS TO VERY YOUNG CHILDREN LIVING IN OUR HOME, WE WORRY THAT THESE GUESTS COULD BE SEX OFFENDERS, DRUG DEALERS, OR SIMPLY BAD PEOPLE THAT ARE UP TO NO GOOD. NORMALLY SEX OFFENDERS WOULD HAVE TO REGISTER AND MAKE THEMSELVES PUBLICLY KNOWN. HOWEVER, THESE GUESTS DON'T NEED TO ADHERE TO THAT ROLE AS SHORT-TERM RENTALS. RENTERS, MY CHILDREN COME HOME ON THE BUS EVERY DAY AFTER SCHOOL AND CAN BE EASILY TARGETED BY COMPLETE STRANGERS THAT WE DON'T RECOGNIZE AS TYPICAL FULL-TIME NEIGHBORS THAT WE'RE FAMILIAR WITH. INSTEAD OF [02:50:01] ENJOYING OUR HOME AS WE NORMALLY WOULD, WE HAVE NOW BECOME PARANOID HOMEOWNERS AND CONSTANTLY WORRY ABOUT WHO'S AROUND US. WE HAVE WITNESSED EVENTS WITH NOISY GUESTS PARTYING IN THE FRONT YARD OF THIS HOME, MAKING NOISE AT LATE HOURS, PARKING IN FRONT OF DIFFERENT HOMES IN OUR NEIGHBORHOOD. BECAUSE OF THE NUMEROUS PEOPLE ATTENDING THESE PARTIES HELD IN THIS HOME, WE MOVED TO THIS DISTRICT AND SPECIFICALLY THE HUNTERS CREEK NEIGHBORHOOD BECAUSE WE EXPECTED TO LIVE IN A QUIET, SAFE, AND FAMILY-ORIENTED COMMUNITY, WE DEFINITELY DIDN'T SIGN UP TO LIVE ACROSS THE STREET FROM A HOTEL. I WOULD EXPECT THIS KIND OF ISSUE TO COME, COME UP IF WE VOLUNTARILY LIVED DOWNTOWN NEAR THE PEARL BARS ALONG ST. STREET OR OTHER POPULAR ENTERTAINMENT AREAS IN SAN ANTONIO. HOWEVER, WE MOVED INTO A RESIDENTIAL NEIGHBORHOOD IN WHICH MY FAMILY PAYS WAY TOO MUCH IN TAXES TO BE DEALING WITH A PROBLEM LIKE THIS. WE'VE ALREADY EXPERIENCED THIS ISSUE IN OUR NEIGHBORHOODS. HOWEVER, SOON THE SHORT TERM RENTAL INDUSTRY WILL BECOME A PROBLEM ALL AROUND THE CITY IN WHICH PEOPLE WON'T BE COMFORTABLE LIVING IN ANY RESIDENTIAL NEIGHBORHOOD. BECAUSE OF THE CURRENT LAWS IN PLACE, ITS ACTIONS AREN'T MADE SOON TO CHANGE THE PATH THAT WE'RE ON. IT'S UNFAIR TO EXPECT FAMILIES TO TOLERATE AND LIVE AMONG SHORT-TERM RENTALS AND HOTELS WHEN THEY PURPOSELY MOVED TO LIVE IN A RESIDENTIAL DISTRICT. THERE HAVE TO BE AREAS IN SAN ANTONIO OFFERED TO ITS CITIZENS WHERE WE CAN JUST LIVE AND EXIST WITHOUT FEELING LIKE WE'RE INVOLUNTARY. LIVE VOLUNTARILY LIVING IN A HOTEL AND HOSPITALITY COMMUNITY CONSIDERING GOOD AFTERNOON. MY NAME IS PATRICIA MORENO. THE AMENDMENT NUMBER IS 16 DASH TWO. MY ADDRESS IS 43 30 APPLE TREE WOODS, SAN ANTONIO, TEXAS SEVEN EIGHT TWO FOUR NINE. MY PHONE NUMBER IS (210) 279-8912. I HAVE A CONCERN ABOUT SHORT-TERM RENTALS IN OUR NEIGHBORHOOD. WE USED TO LIVE NEXT DOOR TO ONE. FORTUNATELY FOR US IT'S SOLD, BUT WE HAD TO CALL CODE COMPLIANCE. WE HAD TO CALL S A P D, UH, MULTIPLE TIMES. UM, THE OWNER'S SON WAS HAVING PARTIES THERE. UM, THEY WERE PUTTING TRASH IN OUR RECYCLE BIN AND OUR ORGANIC BIN, AND WE WOULD GET NOTICES FROM THE CITY REGARDING IT. UH, THEY WOULD PUT TRASH IN OUR TRASH BIN AND NOT USE THEIRS. THERE WAS, BECAUSE THEIRS WERE FULL, NO ONE WOULD COME OUT TO DO THE YARD, NO ONE WOULD COME OUT TO CHECK THE BINS. UM, MULTIPLE THINGS. THEY HAD PRIVATE PARTIES, LIKE I SAID, FOR SWIMMING OF UNDERAGE PEOPLE. THE POLICE WERE CALLED BECAUSE THEY WERE SEEN IN OUR DRIVEWAY WITH GLASS BEER BOTTLES ALL WET AND DRUNK, AND WE WERE AFRAID THAT THEY WOULD FALL THE NOISE. THE NEIGHBORS COMPLAINED ABOUT THE NOISE THINKING IT WAS COMING FROM OUR HOME WHEN YET IT WAS COMING FROM THEIRS. IF YOU HAVE ANY QUESTIONS, FEEL FREE TO GIVE ME A CALL. THANK YOU. THAT'S ALL THE VOICEMAILS WE HAVE. OKAY. SO, UM, WE HAVE TWO CITIZENS SIGNED UP TO SPEAK. UH, AND I I WOULD JUST LIKE TO ASK, IS THERE ANY PARTICULAR AMENDMENTS YOU WANTED TO SPEAK UPON OR JUST IN GENERAL? IN GENERAL. OKAY. UH, YOU'RE WELCOME TO COME FORWARD, UH, AND JUST, UH, LET US KNOW YOUR THOUGHTS. . UM, I JUST BEG YOUR PATIENCE FOR A MOMENT BECAUSE I WANT, I'M FROM TIER ONE NEIGHBORHOOD COALITION AND I'M ON THE U D C COMMITTEE AND THE LETTERS THAT YOU GOT IN YOUR PACKET, I JUST WANT TO SAY A FEW WORDS FOR THE RECORD ABOUT THOSE LETTERS AND THE NEIGHBORHOOD. UM, IN YOUR PACKETS, YOU'VE RECEIVED 47 LETTERS THAT REPRESENT 39 DIFFERENT NEIGHBORHOODS AND TWO COALITIONS THAT REPRESENT INDIVIDUAL NEIGHBORHOODS AS WELL. THESE NEIGHBORHOODS ARE ACROSS EIGHT COUNCIL DISTRICTS. THESE LETTERS ARE NOT THE RESULTS OF QUICK ACTION. MOST ARE FROM NEIGHBORHOOD ASSOCIATIONS AND THE AMENDMENTS WERE VETTED AND VOTED ON. IT TOOK CONSIDERABLE TIME AND CONSIDERATION. INDIVIDUALS SUBMITTED LETTERS BECAUSE OF THEIR KNOWLEDGE AND ENGAGEMENT. THESE, THESE ASSOCIATION COALITIONS AND INDIVIDUALS ACTIVELY SUPPORTED 21 AMENDMENTS. ACTUALLY, IT WOULD'VE BEEN MORE, BUT THE LETTER WOULD'VE BEEN WAY TOO UNWIELDY AND ONLY OPPOSED THREE AND HAVE SERIOUS CONCERNS ABOUT TWO MORE. AMENDMENT 2221. THE COMPREHENSIVE PLANNING PROGRAM, SPECIFICALLY THE CODIFICATION OF THE CORRIDOR PLANS WITHOUT PUBLIC ENGAGEMENT. AND 23 6 ADUS, WHICH RAISES CONCERNS THAT SOME OF THE ELEMENTS ARE TO SPUR INVESTMENTS FOR SDRS, INAPPROPRIATE USE BY INVESTORS AND MARKET RATE HOUSING, AS WELL AS AFFECT THE STORMWATER AND OTHER ISSUES. SADLY, THESE CONCERNS REFLECT THE LACK OF MEANINGFUL SERIOUS ENGAGEMENT OF RESIDENT STAKEHOLDERS IN NEIGHBORHOODS ON THESE TWO ISSUES BY THE CITY. ISSUES THAT DIRECTLY AFFECT THESE RESIDENTS PUBLIC ENGAGEMENT WOULD'VE PRODUCED BETTER POLICY. TIER ONE UD, TIER ONE NEIGHBORHOOD COALITION U D C COMMITTEE HAS BEEN WORKING ON AMENDMENT ISSUES INTENSIVELY [02:55:01] SINCE 2019, GETTING INFORMATION OUT TO RESIDENTS THROUGH OUR OUTREACH, WHICH INCLUDED VISITING NEIGHBORHOOD ASSOCIATIONS. AND WE HELD TWO MAJOR WORKSHOPS. THE NEIGHBORHOODS THAT WE, I'M SORRY, WE GATHERED CONCERNS AND INFORMATION FROM NEIGHBORHOODS THAT RESULTED IN OUR ORIGINAL 13 AMENDMENTS. AND WE WANNA THANK D S D FOR THEIR INVALUABLE HELP AND FOR CREATING A PARTNERSHIP AND WE'RE APPRECIATIVE OF AS WELL, OF THE PLANNING DEPARTMENT FOR THE OPPORTUNITY TO MEET AND WORK TOGETHER. FOR THE RECORD, THE FOLLOWING, OUR NEIGHBORHOOD ASSOCIATIONS, COALITIONS, AND INDIVIDUALS WHO HAVE TAKEN THE TIME AND EFFORT TO REACH OUT TO YOU TODAY. ALAMO FARMSTEADS, BABCOCK ROAD, BEACON HILL, CHURCHILL FOREST, CROWN HILL PARK DEL CREST, BELLEVUE CONCERNED CITIZENS OF DIGNITY HILL EASTERN TRIANGLE GROUP, HIGHLAND PARK, HISTORIC WEST SIDE, INGRAM HILLS, INSPIRATION HILLS KEYSTONE, KING WILLIAM ASSOCIATION, LAS PALMAS, MONKEY PARK, MEMORIAL HEIGHTS, SANHO MISSION, SAN JOSE MONTE VISTA, HISTORIC ASSOCIATION. MONTE VISTA TERRACE, NORTH CENTRAL THOUSAND OAKS. OAKLAND ESTATES RIVER ROAD. TANGLEWOOD, TOBIN HILL, UPTOWN VIA CORONADO WEST END, HOPIN ACTION. WESTWOOD SQUARE, WOODLAWN LAKE, LOS ES, UH, MONTICELLO PARK, LA VACA. UM, IT'S ALMOST LIKE A WHO'S WHO OF NEIGHBORHOODS IN THIS CITY? NORTHSIDE NEIGHBORHOOD. ORGANIZED FOR DEVELOPMENT, WHICH DOES NOT SUPPORT AT THIS TIME'S. UH, AMENDMENT SEVEN TWO. BONNIE CONNOR? DOES THAT MEAN I'M DONE? OKAY. AND OTHERS? . THANK YOU. THANK YOU. YOU'D LIKE TO COME UP? I'M PINCH HEADING FOR THE APPLICANT FOR THE GAS STATION AMENDMENT. SO THAT'S NOT GONNA BE ON YOUR CONSENT, CORRECT? YOU'RE GONNA GO INDIVIDUAL. SO I CAN HOLD MY COMMENTS UNTIL THEN. OKAY. THANK YOU. AND, AND JUST TO BE CLEAR, WE DO HAVE IN WRITING FROM THE APPLICANT THAT MS. MALDONADO HAS AUTHORIZED AND, AND YOU'RE THE AUTHOR OF ONE OF THE AMENDMENTS? YES. AND WHICH, WHICH ONE? 25 DASH ONE. THAT'S THE MILITARY LIGHTING OVERLAY DISTRICT AMENDMENTS. SO THAT, THAT ONE'S, UH, MIGHT BE ON CONSENT. UH, DID YOU WANT TO MAKE ANY STATEMENTS? UM, . OKAY. SO MY NAME IS DAWN DAVIES. I'M THE NIGHT SKY PROGRAM MANAGER FOR THE HILL COUNTRY ALLIANCE. WE'RE A CONSERVATION ORGANIZATION IN THE HILL COUNTRY. AND FOR THE PURPOSES OF THESE AMENDMENTS, WE ARE WORKING IN PARTNERSHIP WITH THE CAMP BULLIS SENTINEL LANDSCAPE, AND WITH OVER 40 OTHER PARTNERS AND ENTITIES, BOTH STATE AND LOCAL GOVERNMENT AND OTHER NONPROFITS, UH, TO IMPROVE THE LIGHTING, NOT ONLY IN SAN ANTONIO, BUT ALSO WITHIN THE MILITARY LIGHTING OVERLAY DISTRICT, MILITARY LIGHTING, UH, REGIONS ONE AND TWO, THE BUFFER ZONES THAT HELP PROTECT THE MILITARY AND ALLOW THEM TO TAKE CARE OF THEIR NIGHTTIME TRAINING, UH, PURPOSES. UH, FOR THE SAKE OF THE CAMP OLA SENTINEL LANDSCAPE, THAT WAS A DESIGNATION THAT WAS MADE EARLIER THIS YEAR AND INCLUDES CAMP BOLUS AND A LARGE MAJORITY OF SAN ANTONIO. UH, NOW THE REGIONS WITHIN BEXAR COUNTY, KAMAL, AND KENDALL COUNTY. AND THAT IS ACTUALLY A PARTNERSHIP BETWEEN THE MILITARY, BETWEEN THE DEPARTMENT OF THE INTERIOR, DEPARTMENT OF DEFENSE AND DEPARTMENT OF AGRICULTURE. AND LIKE I SAID, ANOTHER 40 VARIOUS NON-PROFIT ORGANIZATIONS AROUND THE AREA, UM, FOR CONSERVATION WITH, YOU KNOW, REGARDS TO NIGHT SKIES, LAND, AND WATER AS WELL. UM, AND I'M HERE TO ANSWER ANY QUESTIONS THAT YOU HAVE. UH, WITH REGARDS TO THE AMENDMENTS, WE ARE SUGGESTING, UH, WE ARE PROPOSING THAT, UH, WE ADHERE TO THE ENGINEERING, UM, ILLUMINATE ENGINEERING, UH, ILLUMINATION SOCIETY OF AMERICA, AND THE INTERNATIONAL DARK SKY ASSOCIATION, UH, REQUESTS AND STANDARDS FOR A COLOR CORRELATED TEMPERATURE CHANGE TO 3000 KELVIN, UH, WHICH BRINGS IT INTO NIGHT SKY FRIENDLY LIGHTING, UM, AND IS IN COMPLIANCE, UH, WITH THE AGREEMENTS THAT WE HAVE FOR MAINTAINING NIGHT SKY PRESERVATION, UM, PER THE CAMP CENTEL LANDSCAPE, AND ALSO WITH OUR OTHER VARIOUS PARTNERS. UM, WE HAVE ALREADY BEEN IN CONVERSATION AND NEGOTIATION WITH C P S, WITH, WITH REGARDS TO THEIR, UH, NEEDS TO MEET SAFETY AND SECURITY PURPOSES, AND HAD AMENDED OUR, UM, PROPOSAL PRETTY MUCH TO TAKE INTO CONSIDERATION THOSE ASPECTS. THANK YOU VERY MUCH. THANK MANNA, UH, COMMISSIONER MANNA. SO, UH, HOLD ON. I THINK WE HAVE A QUESTION. SO, SO THANK YOU FOR, FOR YOUR, YOU KNOW, FOR YOUR HELP ON GUIDING THIS AND MM-HMM. . I LOOK FORWARD TO THE NEXT U D C ROUND COVERING ALL OF SAN ANTONIO ABOUT ANOTHER FIVE YEARS OR SO. . THANK YOU. THANK YOU. OKAY. SO, UM, WITH THAT, WE HAVE 11 ITEMS, UH, FOR US TO LOOK AT. AND, UH, FROM, FROM WHAT I HAVE ON [03:00:01] WRITTEN DOWN NOW, IT'S, IT'S, UH, AMENDMENT, UH, NINE DASH ONE AND AMENDMENT 26, UH, 26 DASH ONE, UH, WHICH ARE SLATED FOR INDIVIDUAL CONSIDERATION AND THE REST, UH, ARE ELIGIBLE FOR, FOR CONSENT. ARE THERE ANY COMMISSIONERS THAT, THAT ARE FORMALLY REQUESTING ANY OTHER OF THE AMENDMENTS PULLED? ALL RIGHT. HEARING NONE. I'M LOOKING FOR A MOTION ON, UH, THE, THE LIST WITH EX WITH EXCEPTION OF, UH, 26 1 AND, UM, AND NINE DASH ONE BRAGMAN. COMMISSIONER BRAGMAN. UM, I MOVE THAT THE BOARD OF ADJUSTMENT, UM, PULL AMENDMENT NINE DASH ONE AND YOU CAN MAKE A MOTION TO CONSENT. OKAY. JUST MAKE IT A NO, MOVE IT FORWARD. OKAY. UM, I MOVE THAT WE MOVE FORWARD WITH THE CONSENT AGENDA, UM, EXCEPT FOR THE TWO ITEMS NOTED. ALL RIGHT. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER MANDA. UH, SO WE HAVE A MOTION ON THE TABLE TO MOVE, UM, ALL ITEMS WITH EXCEPTION OF, UM, NINE ONE AND, AND 26 1, UH, ON, UH, WITHOUT AMENDMENTS, UH, ON THE PLANNING COMMISSION. UH, ROLL CALL. VOTE PLEASE. QUESTION, UM, DO WE HAVE TO READ WHICH ONES WERE, AS FAR AS A CON, UH, PART OF THAT, OR IS IT OKAY JUST ASSUMING THAT, UH, BY NOT READING THEM, THERE'S JUST THOSE TWO THAT ARE NOT, UH, STAFF SAY ACCEPTABLE TO SAY ALL 11 WITH EXCEPTION OF THE TWO? THAT'S FINE. OKAY. PERFECT. THANK YOU. GREAT. MS. BRAGMAN, I APPROVE MR. MANNA. I APPROVE MR. SPIELMAN. I APPROVE MR. ALBERT. I APPROVE MR. MANCHACA. I APPROVE MR. VASQUEZ. I APPROVE MS. CRUZ. I APPROVE MS. LIND, I APPROVE MR. OZUNA. I APPROVE CHAIR ORIAN AND I ALSO APPROVE. MOTION PASSES. 10 TO ZERO. UH, NOW ONTO THE INDIVIDUAL ITEMS, WE'LL HEAR ITEM NUMBER SIX ONE FIRST AMENDMENT NINE DASH ONE, APOLOGIZE, AMENDMENT NINE DASH ONE. NO WORRIES. RUNNING NUMBER FOUR. UH, THIS WAS REQUESTED FOR INDIVIDUAL CONSIDERATION TO CORRECT AN ERROR AND OMISSION IN THE TABLE. UH, AT THE BOTTOM OF THE TABLE, YOU WILL SEE A ADDITION OF CAN SCROLL DOWN TO THE NOTE. WE, THE, THE VERSION APPROVED BY T UH, INCLUDED THE CREATION OF A NEW NOTE F OF A, OF ANOTHER NOTE WITH FOUR ASTERISK, BUT IT WAS NEVER ADDED INTO THE TABLE, INTO THE COLUMN FOR SECONDARY ARTERIAL AND PRIMARY ARTERIAL. SO IT IS MAKING THAT ONE, UH, QUICK ADDITION, UH, TO KNOW WHAT THAT NOTE IS REFERENCING. OKAY. GIVE US JUST A SECOND. WE'LL PULL IT UP ON THE SCREEN HERE. THERE WE GO. IN YELLOW AND ALSO ON COLLECTOR OR NOT? NOT ON COLLECTOR. YEAH. ALSO ON COLLECTOR. YEAH. ALL RIGHT. IS THERE ANY COMMISSIONER QUESTIONS REGARDING THIS, UH, AMENDMENT? CRUZ, CAN I HENRY CRUZ FINISH READING THE BOTTOM OF WHAT THIS FOUR STARS ARE. THANK YOU. . SHE'S TOO FAST FOR ME. . OKAY, I'M GOOD. SO WHAT WE'RE LOOKING FOR IS IF THERE'S ANY OTHER, UM, QUESTIONS. UH, WHAT WE'RE LOOKING FOR IS A MOTION TO, UM, APPROVE ITEM NUMBER NINE DASH ONE NINE DASH ONE AS AS AMENDED. AS AMENDED WITH THE ADDITION OF THE FOUR ASTERISK TO COLUMN NUMBER 12, 13, AND 14 OF TABLE FIVE 10 DASH ONE CRUZ. UH, COMMISSIONER CRUZ. UH, I MOVE THAT WE APPROVE, UH, TABLE, UH, 9 9 1 9 DASH ONE AS CORRECTED BY STAFF. THANK YOU. THANK YOU. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER MANCHACA. UM, LET'S HAVE A ROLL CALL. VOTE MS. CRUZ. APPROVE. MR. MANCHACA APPROVE. MRS. SPILLMAN, I APPROVE. MR. ALBERT. I APPROVE MR. VASQUEZ. I APPROVE MR. MANNA. I APPROVE MS. BRAGMAN. I APPROVE MS. LIND. I APPROVE MR. OZUNA. I APPROVE CHAIR ORIAN AND I ALSO APPROVE, UH, MOTION. MOTION TO, UH, PASS NINE ONE AS AMENDED TO PASS THIS 10 TO ZERO. UH, NOW, AMENDMENT 26 DASH ONE, AMENDMENT 26 DASH ONE IS RELATED TO THE REGULATION OF GAS STATIONS WHEN THEY ABUT, UH, [03:05:01] USES LISTED HERE, SINGLE FAMILY OR MULTIFAMILY SCHOOLS, UH, DAYCARE FACILITIES, AS WELL AS ASSISTED LIVING FACILITIES, BOARDING HOMES, AND COMMUNITY HOMES. UH, IN THE WORK SESSION, IT SEEMED LIKE THIS ONE WAS REQUESTED FOR INDIVIDUAL TO DISCUSS TWO ITEMS. NUMBER ONE, A CLARIFICATION ON THE METHOD OF MEASUREMENT BEING FROM THE GAS RELATED USE, NOT NECESSARILY THE CONVENIENCE STORE. AND THEN ALSO DISCUSSION ON THE NON-CONFORMING NATURE, UH, OR WHAT WOULD, UH, BECOME NON-CONFORMING POTENTIALLY IN SOME CASES. UM, SO I UNDERSTAND THAT THERE MAY BE SOME TEXT, UH, TO PROPOSE TO HELP CLARIFY MAYBE THE FIRST ONE. AND WE CAN CERTAINLY HAVE DISCUSSION ON, UH, ON BOTH. ALL RIGHT. UH, AND WHAT WE'RE GONNA DO IS THAT WE HAVE A CITIZEN WHO'D LIKE TO SPEAK ON THIS, UH, ITEM. GOOD AFTERNOON. THANK YOU FOR THE OPPORTUNITY TO SPEAK. BIANCA MALDONADO 4 57 CLUB DRIVE, AND AS I MENTIONED, I'M PINCH HITTING FOR THE APPLICANT, MS. D COLE. UM, SHE UNFORTUNATELY WAS UNABLE TO BE HERE TODAY BECAUSE SHE'S A SMALL BUSINESS OWNER AND HAD A STAFFING CHANGE OVER THE WEEKEND. SO SHE REALLY WANTED ME TO SHARE THE INFORMATION ABOUT THIS AMENDMENT. I THINK IT'S REALLY IMPORTANT TO NOTE. I ALSO SERVED ON P TTAC C AS A COMMUNITY MEMBER, AND THERE WERE THREE AMENDMENTS ADDRESSING GAS STATIONS THAT CAME TO P T A C. THERE WERE TWO EXTERNAL AND ONE INTERNAL. THE ZONING COMMISSION HAD, UM, A GAS STATION AMENDMENT, AND THEY ACTUALLY WITHDREW IT AFTER IT WAS DENIED. THEY WITHDREW IT AS OPPOSED TO MOVING IT FORWARD. THEY WERE IN SUPPORT OF THIS AMENDMENT WHEN IT WENT BEFORE THEM LAST WEEK. GAS STATION INTENSITY HAS INCREASED TO THE POINT WHERE GAS STATIONS HAVE UP TO 32 FILLING POSITIONS OR PUMPS. GASOLINE FILLING STATIONS INCREASED TRAFFIC IN FUMES, WHICH COULD CREATE A RISK THAT SAN ANTONIO RESIDENTS WITH ASTHMA AND OTHER HEALTH CONDITIONS CANNOT AFFORD TO EXPOSE THEMSELVES TO DAY AND NIGHT 24 HOURS A DAY. URBAN NEIGHBORHOODS ARE AT A RISK OF ENCROACHMENT DUE TO THE FACT THAT PROXIMITY TO DOWNTOWN IS A PREMIUM AND PROPERTY OWNERS ARE NOT PROTECTED BY RESTRICTIVE COVENANTS. OR SOME IN NEWER NEIGHBORHOODS ARE REMOVING GASOLINE FILL FILLING STATIONS AS A PERMITTED USE FROM ANY CURRENT ZONING DISTRICT COULD CREATE CONCERNS FOR EXISTING BUSINESSES. CREATING A REASONABLE DISTANCE REQUIREMENT MEANS THAT MANY ALREADY COMPLY IN THIS AMENDMENT. THE DISTANCE FROM THE RESIDENT AND SCHOOLS IS A MINIMUM OF A HUNDRED FEET FOR SMALLER GAS STATIONS AND 200 FEET FOR LARGER GAS STATIONS. NEW GAS STATIONS SHOULD BE EXPECTED TO GET A SPECIFIC USE ZONING TO BE WITHIN THE DISTANCE IN THE TABLE. EXISTING GAS STATIONS WITHIN THOSE DISTANCES CAN CONTINUE TO OPERATE AS A NON-CONFORMING USE EXISTING GAS STATIONS WITHIN THOSE DISTANCES AND WISHING TO RETURN TO A CONFORMING USE STATUS MAY HAVE THE OPTION OF REQUESTING A VARIANCE FROM THE BOARD OF ADJUSTMENT. THIS PUBLIC PROCESS WILL ENSURE THAT A GAS STATION DOES NOT EXPAND OR REBUILD TO AN INTENSITY WHICH IS NOT COMPATIBLE WITH THE NEARBY RESIDENTIAL PROPERTIES, SCHOOLS, AND NEIGHBORHOODS. AND I WILL TELL YOU THIS IS ONE OF THE AMENDMENTS THAT RECEIVED THE MOST COMMENTS, THE MOST ENGAGEMENT FROM THE PUBLIC. AND WHY IS THAT? BECAUSE GAS STATIONS WANT TO BE ON HIGH CAPACITY ROADWAYS, INTERSTATES. SO THERE HAVE BEEN A LOT OF PRESSURES FOR OUR INTERSTATE SYSTEM TO LOCATE ON THOSE ACCESS ROADS. BUT HOW IS OUR INTERSTATE SYSTEM BUILT IN THIS CITY? IT CUT THROUGH NEIGHBORHOODS. IT SEGREGATED RESIDENTIAL STREETS WHEN IT WAS CREATED. AND SO WHEN YOU LOOK AT THE PRESSURE POINTS SPECIFICALLY DOWNTOWN, IT IS PROTECTED BY THE FIRE CODE THAT DOES NOT ALLOW GAS STATIONS DOWNTOWN. SO WE PROTECT OUR DOWNTOWN AND WE PROTECT OUR AQUIFER. BUT WHAT DO WE DO FOR THE RESIDENTS IN THE NEIGHBORHOODS? THAT'S REALLY THE INTENT OF THIS AMENDMENT. HOPEFULLY THIS REMEDY SEEMS FAIR. AND JUST BECAUSE SOMETHING IS BROKEN DOESN'T MEAN IT SHOULD STAY BROKEN IN PERPETUITY. THIS AMENDMENT HAD A SIGNIFICANT AMOUNT OF CONCERN AND A LOT OF SUPPORT FROM THE TIER ONE NEIGHBORHOOD COALITION ALSO. SO I CAME FORWARD TODAY BECAUSE I KNOW MS. COLE WAS UNABLE TO BE HERE, AND I THOUGHT THAT IT, THIS WAS A VERY IMPORTANT AMENDMENT GIVEN THE AMOUNT OF ROBUST PUBLIC ENGAGEMENT THAT IT HAD RECEIVED. AND THEN MR. MANNA, YOU SAID ON PTAC, YOU COULD PROBABLY SPEAK TO THAT TOO. SO HOPEFULLY I CAN ANSWER ANY OF YOUR QUESTIONS. THIS WAS ONE OF THOSE THAT REALLY STARTED OUT, YOU KNOW, WHEN YOU HAVE THREE AMENDMENTS AND YOU KIND OF MERGE IT INTO ONE, THIS WAS THE RESULT OF ALL OF THAT EFFORT, ESSENTIALLY HOPE YOU WOULD CONSIDER SUPPORTING IT. I KNOW IT'S NOT, IT'S NOT THE END ALL BE ALL. IT DOESN'T, IT'S NOT GONNA BE THE PERFECT SOLUTION, BUT IT'S A STEP IN THE RIGHT DIRECTION, AND THAT'S REALLY THE STEP THAT, THE DIRECTION THAT FOLKS WANNA SEE IT GO. [03:10:01] SO HOPEFULLY YOU'LL SUPPORT IT. AND IF I CAN ANSWER ANY QUESTIONS, HAPPY TO DO SO. ALRIGHT. THANK YOU. THANK YOU. SO MS. MALDONADO, SO, SO YOU MAY WANNA SIT UP FRONT, UH, AND BE PREPARED TO CAPTURE SOME QUESTIONS. 'CAUSE THERE'LL PROBABLY BE SOME I I DID WANNA MENTION AS WELL, I REALIZE NOW I FORGOT TO THAT THERE WAS ONE, UH, SUGGESTED EDIT TO THIS SECTION FROM STAFF. UH, IT'S ON THE SCREEN RIGHT THERE. WE HAVE IN WRITING FROM MISTY AT COLE THAT SHE'S SUPPORTIVE OF THIS AMENDMENT. WE DON'T WANT THE TEXT TO SUGGEST THAT, YOU KNOW, YOU'RE THE, THE CITY OWES YOU A SPECIFIC USE AUTHORIZATION. YOU DO HAVE TO APPLY FOR THAT, GO THROUGH THE PUBLIC INPUT PROCESS AS WELL. SO I THINK WHAT'S GONNA HAPPEN IS, UM, UM, ON THIS ONE, I'M GONNA GO AHEAD AND MAKE THE MOTION ON THIS ONE, JUST ONLY BECAUSE I WENT BACK AND FORTH WITH SOME OF THE, THE GRAMMAR, AND WE'LL SEE WHERE THIS ENDS UP. SO I'M GONNA MOVE TO, UH, MOVE FORWARD AMENDMENT 26 DASH ONE, UH, WITH SOME AMENDMENTS. THE FIRST ONE IS THE ONE SUGGESTED BY STAFF BY CHANGING THE WORD SHALL TO THE WORD MAY. IN I IN SUB-SECTION A, UH, THE SECOND AMENDMENT IS TO CHANGE THE TEXT ON THE, ON THE, UH, TOP RIGHT COLUMN, UH, FROM MINIMUM DISTANCE FEET FROM THE NEAREST BUILDING OR STRUCTURE OF GASOLINE USED TO THE PROPERTY LAND OF ANY DESIGNATED PROPERTY USES SPECIFIED ABOVE. UH, I LIKE TO HAVE THAT CHANGED. UM, I MOVED TO CHANGE IT TO MINIMUM DISTANCE FEET FROM THE NEAREST STRUCTURE OF THE GASOLINE STORAGE AND DISPENSARY TO THE PROPERTY LINE OF ANY DESIGNATED PROPERTY USE IS SPECIFIED ABOVE. SO WE'RE REMOVING THE WORD BUILDING, OR, AND THEN WE'RE ADDING THE TAX STORAGE AND DISPENSARY, UH, AFTER THE WORD GASOLINE IN PLACE OF THE WORD USE. YEAH, I THINK SO. AND THEN GET RID OF USE THEN. YEAH. THE WORD CAPTURE THAT THE CORRECT WAY. YEAH. AND THE WORD BUILDING OR IS, IS STRIKETHROUGH. AND, AND JUST TO MAKE SURE I'M UNDERSTANDING THIS, THE, THE INTENT BEHIND THIS IS TO CLARIFY THAT THE METHOD OF MEASUREMENT IS FROM GAS, NOT CONVENIENCE STORE. IT'S FROM, FROM THE TANKS, FROM THE PUMPS, UH, NOT FROM ANY RETAIL ESTABLISHMENTS. UM, AND THAT'S, YOU KNOW, RIGHT. SO THAT WAS, THAT. WAS THERE ANY, UH, ANY, UM, BEFORE I ASK FOR A SECOND, IS THERE ANY COMMISSIONERS WHO WOULD LIKE TO MAKE ANY AMENDMENTS TO THIS? JUST A QUESTION MORE TECHNICAL. IS DIESEL, WE'RE CONSIDERING THAT AS GASOLINE AS WELL? OR SO WOULD DIESEL BE INCLUDED IN GASOLINE? YES. YES. OR SHOULD WE USE THE WORD FUEL? WE CAN SAY STRUCTURE OF, OF, UM, OF THE GASOLINE AND OR PETROLEUM , YEAH, I, CARBON BASED PETROLEUM PRODUCT. YEAH. I CERTAINLY, D S D WOULD NOT INTERPRET THAT TO MEAN THAT YOU CAN HAVE A DIESEL FILLING STATION WITHIN 100 FEET. YEAH, I, I, UM, UH, IF THEY'RE OKAY WITH GASOLINE, IF THE ATTORNEY FEELS THAT, THAT'S FINE, THEN THAT'S FINE. DIESEL WOULD BE INCLUDED. OKAY. ALL RIGHT. IS THERE ANYTHING ELSE? ALL RIGHT. I'M LOOKING FOR A SECOND. I'LL SECOND. ALL RIGHT. SECOND. BUT IS THAT COMMISSIONER CRUZ? ALL RIGHT. THANK YOU. AND SO WE'LL OPEN THIS UP TO Q I'VE ALREADY SPOKE MY PIECE ON IT. COMMISSIONER CRUZ, THERE ANYTHING YOU'D LIKE TO ADD? I'M SORRY, SIR, I CAN'T HEAR YOU. UH, UH, I'VE ALREADY SPOKE MY PIECE ON THIS. IS THERE ANYTHING YOU'D LIKE TO ADD AS A SECOND? NO. ANY OTHER, ANY OTHER COMMERS LIKE TO COMMISSIONER BRAGMAN? UM, I AGREE WITH THE ADDITIONAL LANGUAGE. THE CONCERN I HAVE WITH THIS IS THAT THE CONCERN I HAVE WITH THIS IS THAT A GAS STATION MAY BE IN AN AREA WHERE THERE'S NO RESIDENCES, NO CHILDCARE, NO SCHOOL. AND THEN LATER ON, UM, A DEVELOPER COMES IN AND DECIDES TO DEVELOP THE LAND NEAR THE, A GAS STATION, AND THEN THAT GAS STATION BECOMES NON-CONFORMING. SO I, I DON'T THINK IT'S QUITE FAIR TO THE GAS STATION OWNER BECAUSE OF THAT. YEAH, I, I, AND I DO AGREE, UM, BUT HOW THAT, THE PROBLEM IS WITH THERE, THERE'S NO METHOD FOR US TO PUT SOMETHING IN THE CODE LIKE THAT. AND, AND WITH THE EXCEPTION OF, OF A DEVELOPER FOLLOWING THE REQUIRED BUFFERS FROM A COMMERCIAL THAT GETS ANOTHER 30 FEET, IN SOME INSTANCES, THAT WOULD BE SOMETHING. YEAH. THE, THE, WE, WE DON'T REALLY HAVE A, A MECHANISM BY WHICH WE CAN CARVE OUT NON-CONFORMING PROTECTIONS OR REGULATIONS FOR THIS PROPERTY. SPECIFICALLY NON-CONFORMING RIGHTS FLOW LARGELY FROM STATE LAW. AND FOR US TO SAY, WE WILL TREAT [03:15:01] YOU DIFFERENTLY BASED UPON YOU BEING A GROCERY STORE OR A GAS STATION GETS INTO ISSUES OF EQUAL PROTECTION. SO I JUST DON'T, THE CITY ATTORNEY OF COURSE, IS HERE. I JUST DON'T SEE A WAY TO CARVE OUT AN EXCEPTION BASED UPON THE USE OR BASED, WE CAN'T SAY THIS IS WHAT THE RULE WOULD BE, BUT BECAUSE YOU'RE IN THAT NEIGHBORHOOD, IT'S DIFFERENT. WELL, I, I THINK, UH, I'LL ASK ONE QUESTION AND MAYBE WE'LL GET AN ANSWER THAT, THAT WILL SUPPORT COMMISSIONER BRAGMAN. IF, IF A DEVELOPER COMES FORTH WITH A PUT OR AN M D P AND THEY'RE NEXT TO AN ESTABLISHED GAS STATION, IS, IS IT, WOULD IT BE COMMON FOR STAFF TO SAY, HEY, THERE'S THIS DISTANCE REQUIREMENT AND THIS IS SOMETHING THAT WE WOULDN'T WANT YOU TO PLAN A RESIDENCE? IS THAT SOMETHING THAT THAT EVER HAPPENS OR COULD HAPPEN? THAT WOULD CERTAINLY OCCUR IF THEY WERE LAYING OUT A PROPOSED GAS STATION IN THEIR DOCUMENT. AGAIN, AT THE M D P LEVEL, IT'S VERY RARELY THE CASE THAT THEY'RE GONNA KNOW THAT LEVEL OF DETAIL. WHAT'S ULTIMATELY GONNA BE BUILT OUT. I I'M WONDERING, LIKE IF I WAS, IF I WAS DOING, IF I, IF I HAD A HUNDRED ACRES MM-HMM. AND MY A HUNDRED ACRES ABUTTED AN EXISTING GAS STATION, IT WOULD, IT, WOULD IT BE COMMON FOR STAFF TO SAY, HEY, YOU KNOW, WE HAVE THIS DISTANCE REQUIREMENT, SO WE'RE NOT GONNA LET YOU PUT A HOUSE RIGHT THERE. IF, IF WE WERE GOING TO DISCUSS THAT, THAT WOULD ALMOST CERTAINLY BE IN LIKE A PRELIMINARY DEVELOPMENT PLAN REVIEW MEETING WHERE THE CUSTOMERS, BUT YOU CONSULT IT. NO, WE WOULDN'T, WE WOULD NOT STOP THEM. SO I THINK WHAT WOULD HAPPEN IS WE DON'T HAVE A LEGAL MEANS TO STOP THEM. I KNOW THIS IS REALLY LATE IN THE GAME, BUT I, I'D HATE TO SAY THIS, BUT YOU KNOW, FIVE YEARS FROM NOW, THERE'S A ANOTHER AMENDMENT THAT CAN BE REQUESTED FOR MASTER DEVELOPMENT PLANS TO POSSIBLY PUT A, A LINE ITEM IN THERE TO LOOK OUT FOR THAT IN THE FUTURE. BUT OTHER THAN THAT, THIS IS WHAT WE HAVE. I I, I KIND OF LOOK AT IT JUST LIKE THE AIRPORT. IT'S LIKE, OKAY, AIRPORT IS THERE, AND THEN MM-HMM. HOUSES COME ALONG AND GET BUILT NEAR THEM, AND THEN PEOPLE COMPLAIN ABOUT THE AIRPORT. AIRPORT. I, I JUST, I DON'T THINK IT'S FAIR TO THE GAS STATION OWNER IF THEY'RE THE FIRST ONES THERE. MM-HMM. , WHY DID THEY GET PENALIZED? YEAH, I, I, I CERTAINLY UNDERSTAND THE POINT. I, I KNOW WE DISCUSSED THIS, UM, ALBEIT BRIEFLY IN WORK SESSION, YOU KNOW, THERE, THERE ARE STILL SOME PROTECTIONS, UH, OUTSIDE OF OUR U D C PROVIDED TO THE OPERATOR OF THE GAS STATION THAT IF T C Q WERE TO PASS SOME NEW LAW AND MANDATE COMPLIANCE WITH SOME, YOU CAN'T LOSE YOUR NON-CONFORMING RIGHTS BECAUSE YOU'RE COMPLYING WITH A STATE OR FEDERAL ORDER. SO THERE ARE STILL SOME CARVED OUT PROTECTIONS THAT THEY WOULD NOT, UH, BE SUBJECT TO THOSE, UH, PROVISIONS. UH, BUT, AND, AND RELIEF TO THE GAS STATION OWNER WOULD BE SEEKING A VARIANCE THROUGH THE BOARD OF ADJUSTMENTS? NO, WITH ULTIMATE RELIEF THROUGH THE COURT CHANGE OF ZONING, IT WOULD, IT WOULD GO THROUGH THE CHANGE OF ZONING PROCESS. SO THE, THE AMENDMENT, WHEN IT WAS INITIALLY SUBMITTED, UH, LAID OUT, WHEN THE APPLICANT INITIALLY SUBMITTED THE PROPOSAL, THEY SAID, YOU JUST CAN'T DO IT. IF YOU'RE WITHIN ONE OR 200 FEET, YOU CAN'T DO IT. AND ONE OF OUR DISCUSSION POINTS WAS, OKAY, YOU, YOU NEED TO PROVIDE SOME MECHANISM WHERE THEY CAN AT LEAST ASK THE QUESTION. AND WHAT THEY SETTLED ON WAS THE SPECIFIC USE AUTHORIZATION. SO YOU SUBMIT AN APPLICATION TO OUR DEPARTMENT, IT GOES BEFORE THE ZONING COMMISSION, AND IT GOES BEFORE CITY COUNCIL FOR A DECISION. AND WAS, SO THIS SPECIFIC, UM, BOARD OF ADJUSTMENT AMENDMENT WAS BROUGHT TO THE PUBLIC'S ATTENTION. RIGHT. AND THERE WAS AN OPPORTUNITY FOR THE INDUSTRY TO WEIGH IN ON THIS U D C AMENDMENT THERE. I'M GONNA CHIME IN ON THAT. THIS, THIS ACTUALLY USED TO SAY A THOUSAND FEET IN 2000 FEET. OKAY. THIS HAS CHANGED DRAMATICALLY FROM WHEN IT WAS FIRST YEAH. AND PRESENT AND HAS TO CHANGE A RESULT OF INPUT FROM THE, FROM THE, YEAH. SO AT, FROM THE, AT, AT THE TECH MEETING, I, I BELIEVE, UM, BIANCA KIND OF SPOKE TO IT AS WELL. THERE WERE KIND OF THREE COMPETING VERSIONS OF HOW TO SOLVE THIS PROBLEM. UH, TAC ULTIMATELY DID NOT SUPPORT, UH, TWO OF THOSE. THIS IS THE VERSION THEY SUPPORTED. UH, EVEN WHEN THIS ITEM WAS INITIALLY CONSIDERED BEFORE THE TAC, THERE WERE ENOUGH OUTSTANDING QUESTIONS THAT THEY TABLED IT, UH, CONTINUED IT FOR A FOLLOWING MEETING WHERE THEY, UH, APPLICANT HAD AN OPPORTUNITY, UH, TO CONTINUE TO MEET, TO CONTINUE TO REFINE AND COME UP WITH WHAT YOU SEE BEFORE YOU TODAY. UH, THAT BEING THE VERSION THAT WAS ULTIMATELY SUPPORTED BY THE TECH. YEAH, I'M SORRY. I'M SORRY. THIS IS THE WAY IT IS SOMETIMES, BUT YOU KNOW, IT, AND, AND TO, SO WE'RE SEEKING JUST A MAJORITY VOTE HERE. YES. THE BOARD VERSUS A LINE. YEAH. WE JUST NEED A MAJORITY, MAJORITY VOTE SIX PEOPLE. SO IF THERE'S NOTHING ELSE MINKA, MR. MINKA. OH, I WOULD LIKE A LITTLE BIT OF CLARIFICATION ON THE STRUCTURE THING THAT, UH, OKAY, WE'VE GOT A BUCKYS, RIGHT? MM-HMM. , WE'VE GOT THE ROOF EXTENDING WAY OUT THERE AND ALL THAT KIND OF BUSINESS. BUT WE DIDN'T TALK ANYTHING ABOUT THE REFUELING WHEN THE REFUELING TRUCK COMES IN AND YOU HAVE THOSE THINGS ON THE GROUND, WHICH WAS WAY FURTHER OUT. MM-HMM. THOSE DENTING ALSO. YEAH. THAT, THAT COUNTS. SO THE, ESSENTIALLY WE WILL MEASURE THAT [03:20:01] DISTANCE FROM ANYTHING CONTAINING WITH DISPENSING OR STORAGE OF GASOLINE, UH, THE AMENDMENT TO REMOVE THE WORD STRUCTURE. UH, YOU KNOW, IF, IF YOU'RE LOOKING AT A GASOLINE CANOPY THAT DOESN'T HAVE WALLS, UM, STRUCTURES ARE WALLS AND ROOFS, WHICH IS A CONVENIENCE STORE WHEN YOU'RE TALKING ABOUT THE CONTEXT OF A GAS STATION. SO AGAIN, CLARIFYING THAT, WE'RE NOT GONNA SAY YOU CAN'T BE WITHIN 200 FEET OF THE STORE SELLING, YOU KNOW, MILK AND CIGARETTES. UH, BUT YOU, YOU HAVE TO BE WITHIN THAT DISTANCE. YOU HAVE TO BE FURTHER AWAY FROM ANYTHING THAT IS STORING OR DISPENSING GASOLINE OR DIESEL. AND THEN, UM, ONE LAST QUESTION. UH, IF, IF I HAVE A, UH, TANKS IN THE GROUND, IS IT MEASURED FROM THE OUTSIDE EDGE OF THE TANK THAT YOU CAN'T SEE IT'S IN THE GROUND? OR IS IT FROM THE, UH, BE FROM THE ACCESS FORCE? FROM THE TANK. FROM THE TANK. OKAY. JUST MAKING SURE. MANNA. YES. COMMISSIONER MANNA. SO THIS QUESTION FOR BIANCA, WHO'S REPRESENTING MS. COLE, WHO'S THE AUTHOR OF THE, UM, UH, THE REQUEST HERE. SO, SO I JUST WANTED, SO THERE WERE SOME CHANGES MADE. AND SO I JUST WANNA GET CONFIRMATION FROM YOUR PERSPECTIVE, IT'S, THIS STILL RIDES TRUE TO THE ORIGINAL INTENT OF WHAT IT WAS THAT WAS TRYING TO BE ACCOMPLISHED, OR ARE WE STILL OKAY WITH, WITH REGARDS TO THE, THE, FROM YOUR PERSPECTIVE OF THE CHANGES MADE? MS. COLE IS SUPPORTIVE OF THE CHANGES AND DID WORK WITH STAFF IN THESE CHANGES. AND SHE KNEW THAT THE CHANGE WAS COMING ALSO WITH FROM LEGAL IN THE CHANGE OF REMOVAL OF SHALL IN MAY. AND I THINK THE CLARIFICATION THAT YOU'RE PROPOSING TODAY WITH THE LANGUAGE ABOUT THE BUILDING, I THINK SHE WOULD BE SUPPORTIVE OF, BECAUSE IT FITS THE INTENT OF THE AMENDMENT AS IT'S PROPOSED. SO THANK YOU FOR THAT QUESTION. OKAY. AND I THINK ONE OF THE DIALOGUES HERE IS THAT, YOU KNOW, PART OF THE THING THAT WE TALKED ABOUT WAS NON-CONFORMING USE. AND SO THE BUILDING WOULD REMAIN IN CONFORMING USE IF IT WANTED TO BE CHANGED, IS JUST THAT ANY CHANGES TO THOSE TANKS. AND SO I THINK THAT MAKES WHAT ONE OF THE BIG DIFFERENCES HERE. AND SO, RIGHT. IT'S NOT PENALIZING ANY BUSINESSES, IT'S JUST, UH, JUST PUTTING A LIMITATION ON WHAT CAN HAPPEN ON THE TANKS AND THE, THE PUMPING STATIONS THEMSELVES. SO, RIGHT. SO WITH THAT, UM, THERE'S NOTHING ELSE. LET'S HAVE A ROLL CALL. VOTE CHAIR. ORIAN. UH, I VOTE TO APPROVE AS AMENDED. MS. CRUZ IWO VOTE APPROVAL AS AMENDED. MR. SPIELMAN? I VOTE TO APPROVE MR. ALBERT. I APPROVE MR. MANCHACA. I APPROVE MR. VASQUEZ. I APPROVE MR. MANNA. I APPROVE AS AMENDED. MS. BRAGMAN? I OPPOSE MS. LIND. I APPROVE. AND MR. OONA, I APPROVE. AND I THINK THAT IF, CORRECT ME IF I'M WRONG, VOTE NINE TO ONE TO, TO MOVE FORWARD. AND THE NEXT ITEM ON THE AGENDA [ Approval of Minutes  ] IS THE MINUTES. CRUZ. I MOVE THAT WE APPROVE THE MINUTES. CHRIS TORN AS WRITTEN, UNLESS THERE'S A EDIT THAT I DON'T KNOW ABOUT, UM, I HADN'T, I HAD SOME EDITS, STEPH AND MADE THEM, UH, I DO HAVE ONE ITEM. I WAS LOOKING AT THE CORRECTED MINUTES THAT WAS PUT IN FRONT OF ME. AND ON ITEM NUMBER TWO, UH, THEY CORRECTED THE, THE MOTION WHEN IT WAS READ, BUT I THINK THE VERY BEGINNING IT SAYS A REQUEST BY, UH, UH, JAMIE SANCHEZ FOR ONE A FIVE FOOT VARIANCE. I THINK INITIALLY THE REQUEST WAS FOR A NINE FOOT VARIANCE FROM THE 10, BUT THE MOTION WAS READ TO BE A FIVE FOOT. SO IF THAT, IF I WOULD LIKE TO CHANGE, UH, WHAT WAS ACTUALLY REQUESTED TO BE BACK TO A NINE FOOT WITH THE ONE TO BE ONE FOOT AWAY, WHEREAS THE MOTION AS READ ASKS FOR A FIVE FOOT VARIANCE. COULD YOU REPEAT THAT, ? YEAH, SHE, SO JUST ON ITEM NUMBER TWO, THE PORTION AT THE VERY BEGINNING WHERE IT SAYS A REQUEST, UH, BY JAMIE SANCHEZ. FOUR ONE, UH, IT SHOULD BE A NINE FOOT VARIANCE FROM THE 10 FOOT FRONT TO ALLOW A CARPORT WITH GUTTERS TO BE ONE FOOT AWAY FROM THE FRONT PROPERTY LINE. THAT WAS THE ACTUAL REQUEST. BUT THEN AS READ, IT WAS FIVE FEET. OKAY? SO IS THERE ANY OTHER, UH, AMENDMENTS? I'M LOOKING FOR A MOTION CREW. SITE COMMISSIONER, BRAGMAN. AYE. I RECOMMEND THAT WE APPROVE THE MO UH, THE MINUTES AS REVISED. THERE A SECOND. SECOND. ALL RIGHT. LET'S HAVE A, UH, VOTE PLEASE. MS. BRAGMAN? I APPROVE MS. CRUZ. I APPROVE MR. SPILLMAN. I APPROVE MR. ALBERT. MR. ALBERT? I APPROVE MR. MANCHACA. I APPROVE MR. VASQUEZ. I APPROVE MR. MANNA. I APPROVE MS. LIND. I APPROVE MR. OZUNA. I APPROVE CHAIR ORIAN AND I ALSO APPROVE. MOTION PASSES 10 TO ZERO. AND IF THERE'S NOTHING FROM DIRECTOR'S REPORT OR FROM STAFF? [03:25:01] NO, NO DIRECTOR'S REPORT. ALL RIGHT. IT IS FOUR THIRTY TWO. I CALL THIS, I HEREBY ADJOURN THE MEETING OF THE BOARD OF ADJUSTMENTS. * 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.