* 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] I CALL THIS MEETING TO ORDER. IT IS 1 0 3. UH, STAFFING YOU. PLEASE TAKE, UH, ROLL CALL MR. ZUNIGA. MR. ALBERT? PRESENT. MR. MANCHACA? PRESENT. MR. VASQUEZ? PRESENT. MS. CRUZ? HERE. MR. MANNA? PRESENT. MS. BRAGMAN? HERE. MS. KAPLAN? HERE. MR. TEO? PRESENT. MR. OZUNA? YES. PRESENT CHAIR ORIAN. AND I'M ALSO PRESENT SO WE HAVE A QUORUM. UH, WILL THE SPANISH INTERPRETERS COME OUT AND PLEASE GIVE THEIR PRESENTATION? GOOD AFTERNOON. INTERPRET. THANK YOU. THANK YOU. AND IF YOU COULD ALL JOIN ME AND STAND FOR THE PLEDGE OF ALLEGIANCE. ALRIGHT, SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. SO THIS BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THE BOARD MEMBERS TO SUBMIT THESE ANNOUNCE 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 THE CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF T AND THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT, AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT NOR HIS REPRESENTATIVE WILL PRESENT THE POSITION 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 WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF IN GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH A REQUEST OF RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION AND REMARKS OF THE PERTINENT FACTS OF YOUR CASE. STAFF. STAFF WILL [ Briefing and Possible Action on the following items  ] BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXCEPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION AND ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST. FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION, YOU WILL BE CA CALLED IN ORDER THAT YOU SIGNED UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE 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. [00:05:01] 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 THE ITEM, THE APPLICANT WILL BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, MR. CHAIR. YES. UH, SO I SEE ITEM ONE AND TWO ARE BOTH POSTPONED. SO WE'RE GONNA BEGIN WITH ITEM THREE, UH, ITEMS NUMBER ONE AND TWO. UH, THIS, THIS IS LOCATED AT 1 1 1 9 NORTH OLIVE STREET AND THE SECOND BEING AT 10 39 WEST HILDEBRAND. OKAY, SO ITEM THREE PLEASE. THERE YOU GO. UM, UH, BO O A 22 1 0 3 0 0 0 8 2 LOCATED AT 1 5 3 5 WEST, WEST ASHBY. COUNCIL DISTRICT NUMBER ONE, APPLICANT BEING JOSE HERNANDEZ. UH, REQUEST FOR A TWO FOOT TWO INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT WITH OVERHANG AND GUTTERS TO BE TWO FEET 10 INCHES FROM THE SIDE PROPERTY LINE TWO, A SIX FOOT SEVEN INCH VARIANCE FROM THE, FROM THE 10 FOOT MINIMUM FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE THREE FEET FIVE INCHES FROM THE FRONT PROPERTY LINE. UM, ZONINGS R FOUR RESIDENTIAL SINGLE FAMILY. UM, THE SUBJECT PROPERTY IS LOCATED ON 1535 WEST ASHBY AND THIS IS A SINGLE FAMILY RESIDENCE. A DETACHED CARPORT WAS CONSTRUCTED WITHOUT A PERMIT ON A DETACHED CARPORT, ENCROACHES INTO THE FRONT AND SIDE SETBACK. UPON SITE VISIT, UM, STAFF OBSERVED SIMILAR CARPORTS IN THE IMMEDIATE AREA. THAT IS A PICTURE OF THE SITE PLAN THAT IS, UM, THE RESIDENTIAL HOME WITH THE CARPORT ON THE SIDE. YOU CAN SEE THE CARPORT ITSELF WITH THE GUTTERS. ANOTHER SIDE SETBACK, PICTURE THE MEASUREMENTS WITH THE GUTTERS IN THE PICTURE AS WELL. ANY SURROUNDING AREAS. UM, STAFF RECOMMENDS APPROVAL AND BO O A 22 1 0 3 0 0 0 8 2 BASED ON THE FOLLOWING FINDINGS OF FACT, THE CARPORT SETBACK IS TWO FEET 10 INCHES AND ENCROACHES INCLUDES GUTTERS AND TO MITIGATE WATER RUNOFF. AND THE CARPORT DOES NOT APPEAR TO BE OUT OF CHARACTER OF THE AREA. AND OTHER PROPERTIES IN THE SURROUNDING AREA APPEAR TO HAVE SIMILAR CARPORTS IN PLACE WITHIN THE SAME DISTANCE. THERE WERE 26 MALE NOTICES SENT. THERE WERE TWO IN FAVOR, THERE'S ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE WEST END HOPE IN ACTION. UM, THAT CONCLUDES THAT PRESENTATION AND THE APPLICANT SHOULD BE PRESENT. ALL RIGHT. THANK YOU VERY MUCH. UH, WILL THE APPLICANT PLEASE COME FORWARD? UM, MY NAME IS JOSE HERNANDEZ. UM, THE CONTRACTOR THAT BILLED THE CARPORT, UM, TOLD ME THAT, UH, HE WAS GOING TO PULL THE CAR, THE PERMIT, AND, UH, HE NEVER DID. UH, I GOT REPORTED BY A NEIGHBOR, SO I CAME HERE TO PAY FOR THE PERMIT AND THEY WOULDN'T LET ME PAY FOR THE PERMIT UN UNLESS I GOT A, A VARIANCE APPROVED. SO THAT'S, THAT IS WHY I'M HERE. UM, HE, UH, AFTER HE BUILT THE, THE CARPORT AND I PAID HIM, THEN, UH, HE WOULDN'T RETURN MY CALLS. SO I I, I CANNOT CONTACT HIM, SO I'M STUCK. OKAY. THANK YOU. I NEED, I I NEED THE VARIANCE APPROVED SO I CAN PAY FOR THE PERMIT. OKAY. UH, IF YOU COULD SIT TIGHT FOR ONE SECOND. IS THERE ANYBODY SIGNED TO SPEAK ANY VOICEMAILS? ALL RIGHT. NO, SIR. ALL RIGHT. THANK YOU VERY MUCH. SO WHAT WE'RE GONNA DO IS OPEN THIS UP TO QUESTIONS. ARE THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? ZUNA, UH, COMMISSIONER ZUNA. MR. HERNANDEZ, CAN YOU GIVE US THE NAME OF THE CONTRACTOR THAT FAILED TO PROVIDE THE BUILDING PERMIT FOR YOU? YEAH, AND, UM, I FORGOT IS, UH, HIS CARD, UH, THE ONLY THING I GOT IS, UH, THE NAME OF THE COMPANY, OR THEY CALL HIM BAD BOYS OF, UH, REMODELING. SO IT'S CALLED BAD BOYS REMODELING. BAD BOYS OF REMODELING. OKAY. PROPHETIC. THEY SHOULD HAVE, HE TURNED OUT TO BE A BAD BOY. [00:10:01] . YEAH. YEAH. THIS, THIS BOARD NEVER FAILS IT. YEAH. STOP ENTERTAINING ME. OKAY. , IS THERE, IS THERE ANY MORE QUESTIONS THAT COULD CHAKA? SIR? WHAT ARE THE DIMENSIONS OF THIS, UH, CARPORT? UH, THE DIMENSIONS, UM, THAT I APPLIED FOR, THEY, THEY'RE, THEY'RE HERE. THEY'RE, I, THEY'RE LIKE, IT'S SOMETHING LIKE 40 BY 60. OH, THE, JUST THE NEW, THE NEW ONE. COMMISSIONER MANCHACA, YOU'RE ASKING ABOUT JUST THE NEW, THE NEW CARPORT OR THE EXISTING ONE? THE NEW CARPORT. THE NEW ONE? YEAH. UH, IT LOOKS LIKE THE FILE SAYS IT'S 18 BY 19. OH, I'M, I'M SORRY. I'M SORRY. YEAH, THAT'S CORRECT. THAT'S CORRECT. I'M SORRY. I'M SORRY. 18 BY 19. THANK YOU. YOU'RE WELCOME. UH, SO I HAVE A QUESTION, UM, WITH THE SIZE OF THIS CARPORT, IT'S, IT'S, UH, YOU KNOW, WHAT YOU'RE HERE FOR IS FOR A SITE SETBACK AND THE FRONT SETBACK. AND AT 18 FEET WIDE, THAT'S TWO CARS, YOU KNOW, TWO TYPICAL PARKING SPACES. AND AT 19 DEEP, THAT'S SEEMS LIKE IT'S ADEQUATE FOR A REGULAR, UH, VEHICLE. UM, IS THE STAFF IS RECOMMENDING APPROVAL? SO IS WHAT ARE YOU PARKING UNDER THERE? I DON'T UNDERSTAND THE QUESTION. THE, UH, ARE, ARE YOU PARKING A, A LARGE VEHICLE OR A SMALL VEHICLE? UH, NO, JUST A, YOU KNOW, UM, PICKUP TRUCK, YOU KNOW. OH, A PICKUP TRUCK AND, AND, UH, TWO SUVS. OKAY. SO THAT SEEMS LIKE IT'S OF ADEQUATE SIZE. YEAH. ALL THANK YOU. I HAVE NO FURTHER QUESTIONS. ANYONE ELSE? MENCHACA UH, COMMISSIONER MENCHACA? UH, SIR, WHEN THIS CAR REPORT WAS ADDED, DID THEY ADDED, UH, MORE EXTENSION TO THE DRIVEWAY, TO THE SIDE EXTENSIONS TO THE SIDE? YEAH. THE, TYPICALLY THE CARPORT WAS EXTENDED. IT LOOKS LIKE NEW CONCRETE AS WELL AS A WALKWAY IS A NEW WALKWAY TO IS THAT NEW ALSO? YEAH, WE, WE, WE, I, I HAD BUILT A, UM, A SLAB NEXT TO IT. SO ESSENTIALLY COVERED THE NEW SLAB BEFORE PARKING. I'M ASKING THIS TO STAFF, IS THAT COVER IMPERVIOUS COVER OR IS THAT, THAT NEEDED TO BE BROUGHT UP? UH, ACCORDING TO THE SITE PLAN, IT APPEARS HE'S STILL UNDER THE 50%. RIGHT. IS THAT WHAT YOU'RE ASKING, SIR? OR IMPERVIOUS COVER. THANK YOU. IF THERE'S NOTHING ELSE, UH, WE'RE GONNA GO AHEAD AND ASK FOR A MOTION AND, AND, UH, DELIBERATE. SO YOU MAY TAKE A SEAT. OKAY. THANK YOU. I'M LOOKING FOR A MOTION ZONA. COMMISSIONER ZUNA. WE'RE HONOR IN CASE NUMBER BO A DASH 22 DASH 0 3 0 0 82. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT TO REQUEST FOR ONE, A TWO FOOT TWO INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT WITH OVERHANGING GUTTERS TO BE TWO FEET 10 INCHES FROM THE SIDE PROPERTY LINE TO A SIX FOOT SEVEN INCH VARIANCE FROM THE MINIMUM 10 FOOT MINIMUM FRONT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE THREE FEET FIVE INCHES FROM THE FRONT PROPERTY LINE SITUATED AT 1 5 3 5 WEST ASHBY PLACE. APPLICANT BEING, UH, JOSE HERNANDEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT A PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE 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 BECAUSE ONE, THE VARIANCE REQUEST IS TO ALLOW A CARPORT WITH OVERHANG AND GUTTERS TO BE TWO FEET 10 INCHES FROM THE SIDE PROPERTY LINE AND THREE FEET FIVE INCHES FROM THE FRONT PROPERTY LINE, WHICH PROVIDES ADEQUATE SPACING BETWEEN NEW STRUCTURES AND THE PROPERTY LINES. TWO, DUE TO SPECIAL CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE IT WOULD RESULT IN THE STRUCTURE HAVING TO BE MOVED TO, TO MEET THE MINIMUM FIVE FOOT SIDE SETBACK AND 10 FOOT FRONT SETBACK REQUIREMENT. THE UNNECESSARY HARDSHIP IS DUE TO THE SIZE OF THE LOT AND THE LIMITED SPACING OF THE SIDE YARD. THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE AS THE REQUESTED VARIANCES IS THE REQUESTED VARIANCE IS TO ALLOW A STRUCTURE TO BE CLOSER TO THE SIDE PROPERTY LINE DUE TO THE CONFIGURATION OF THE PROPERTY AND THE STRUCTURE BEING EXISTING. THIS WILL OBSERVE THE SPIRIT OF THE ORDINANCE FOR THIS VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED AS THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED AS THE PROPERTY IS ZONED R FOR. AND THE USE OF THE PROPERTY IS A SINGLE FAMILY DWELLING. FIVE SUCH, UH, VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT COLEMAN PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE OTHER CARPORTS ARE ALSO PRESENT TO THE AREA. IT APPEARS SIMILAR IN MATERIAL, UH, TO THE ONE BUILT ON THE SUBJECT PROPERTY SIX PLIGHT TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT. IT'S DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT, WHICH THE PROPERTY IS LOCATED. IT APPEARS TO APPLY TO THE OWNER OF, OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. SUCH AS SUCH AT THE SIZE OF THE LOT, THE VARIANCE REQUEST IS NOT MERELY FINANCIAL AND OF MOTION. SECOND. [00:15:01] ALL RIGHT. WE HAVE A MOTION AND A SECOND BY COMMISSIONER CRUZ. UH, COMMISSIONER ZU. RIGHT. I'M GONNA BE IN SUPPORT OF THE MOTION. UH, WE DID NOT SEE A, ANY OPPOSITION FROM THE O UM, UH, OWNERS ASSOCIATION. I MEAN WITH THE, UH, NEIGHBORHOOD ASSOCIATION, UH, THE NEIGHBORS THAT WOULD BE MOST IMPACTED BY THE SETBACK. UH, WERE NOT OPPOSITION. HE HAS GUTTERS ON THE ROOF TO DIRECT THE WATER TO THE STREET. UH, SO, UM, UM, IN FAVOR OF THE MOTION. ALRIGHT, COMMISSIONER CRUZ? UH, YES, I CONCUR WITH MR. OZUNA. I THINK IT'S A GREAT CARPORT AND IT SEEMS LIKE IT WILL HELP HIM WITH, UH, PROTECTING HIS VEHICLE. THANK YOU. THANK YOU. IS THERE ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? MANNA COMMISSIONER, MANNA, UM, THOSE REQUEST FOR THE CITY TO, UM, UH, MAYBE REACH OUT TO THE APPLICANT, UM, AND FOLLOW UP WITH REGARDS TO ADDING BAD BOYS TO THE BAD LIST. SO THANK YOU. THANK YOU WITH THAT STAFF. IF YOU COULD TAKE A ROLL CALL. VOTE MR. UNA? YES, I CONCUR. MR. CRUZ? YES, I CONCUR. MR. ZUNIGA. I CONCUR. MR. ALBERT. I CONCUR. MR. MANCHACA. I CONCUR. MR. VASQUEZ. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. TE YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. ALL RIGHT, CONGRATULATIONS. UH, NEXT CASE, UH, BO O A 22 1 0 3 0 0 0 9 6 LOCATED AT 1 1 0 BELLEVUE COUNTY DISTRICT NUMBER TWO, APPLICANT BEING AT VE. UM, SO VARIANCE REQUEST FOR MAXIMUM 50% IMP PREVIOUS COVER REQUIREMENT TO ALLOW THE FRONT YARD TO EXCEED THE 50% IMP PREVIOUS COVER MAXIMUM. AND TWO, A VARIANCE FROM THE MANKEY MANKEY PARK NEIGHBORHOOD CONSERVATION DISTRICT REGULATION OF A MAXIMUM ONE CURB CUT TO ALLOW TWO CURB CUTS ON THE LOT AND THE CURRENT ZONE IS R FOUR RESIDENTIAL SINGLE FAMILY. THE APPLICANT'S PROPOSING TO BUILD A DRIVEWAY THAT WOULD REQUIRE TWO CURB CUTS AND WOULD EXCEED THE 50% AND PREVIOUS COVER MAXIMUM AS BASED ON THE SITE PLAN. UM, PER MANKEY PARK NEIGHBORHOOD CONSERVATION DISTRICT, UM, A LOT MUST NOT EXCEED MORE THAN ONE CURB CUT, UM, UPON SITE VISITS. STAFF DID NOT OBSERVE ANY OTHER SIMILAR BUILDS IN THE IMMEDIATE SURROUNDING AREA. THAT IS CURRENTLY THE SITE PLAN THAT WE HAVE ON FILE WITH THE DRIVEWAY BEING PROPOSED ON THE LEFT SIDE, UM, THAT IS CURRENT PICTURE OF THE SUBJECT PROPERTY AS IT IS TODAY, AND SOME OF THE IMMEDIATE SURROUNDING AREAS OF THE PROPERTY, WHICH NO OTHER SIMILAR BILLS ARE TO BE FOUND. UM, STAFF RECOMMENDS DENIAL OF ONE, A VARIANCE FROM THE MAXIMUM 50% IN PREVIOUS COVER REQUIREMENT TO ALLOW A FRONT YARD TO EXCEED 50% IN PREVIOUS COVER. AND TWO, A VARIANCE FROM THE MANKEY PARTY NEIGHBORHOOD CONSERVATION DISTRICT REGULATION OF MAXIMUM ONE CURB CUT TO ALLOW TWO CURB CUTS ON THE LINE IN BO. A 22 1 0 3 0 0 0 9 6 BASED ON THE FOLLOWING, FINDING OF FACT ON THE PROPOSED DRIVEWAY WILL GO AGAINST THE ESTABLISHED MANKEY PARK NEIGHBORHOOD CONSERVATION DISTRICT DESIGN STANDARDS AND UPON SITE VISITS. UM, THERE ARE CURRENTLY NO SIMILAR DRIVEWAYS, UM, SLASH CURB CUTS IN OF THIS SIZE IN THE AREA. UM, THERE WERE 13 NOTICES SENT. UH, THERE WERE ZERO IN FAVOR, ZERO OPPOSITION, AND THE MANKEY PARK NEIGHBORHOOD ASSOCIATION IS OPPOSED. UM, THAT WILL CONCLUDE STAFF PRESENTATION AND THE APPLICANT SHOULD BE PRESENT. THANK YOU. IF THE APPLICANT CAN PLEASE COME FORWARD. HI, GOOD AFTERNOON EVERYBODY. ERNESTO VELO, UM, RESIDENT AT ONE 10 BELLEVUE. UH, I JUST WANT TO ADD, UM, SOME OF THE FACTS HE PRESENTED ARE A BIT MISLEADING. IT'S A VERY SMALL LOT, SO IT'S PROBABLY ONE OF THE SMALLEST LOTS IN THE MANKEY NEIGHBORHOOD. AND SO IF I WERE TO ADD A, A FIVE BY FIVE PIECE OF CONCRETE, THAT'D PROBABLY BE 50% OF THE, UM, COVER THE COVERAGE AREA. BUT WITH THAT SAID, WHAT I'M PROPOSING IS REMOVING, IF WE CAN GO BACK TO THE IMAGE OF THE FRONT YARD THAT HAS WHAT THAT SHOWS THE FRONT, WHAT I'M PROPOSING IS ACTUALLY INCREASING THE AMOUNT OF PERVIOUS COVERAGE. SO BASICALLY A HUGE, A HUGE, UH, SECTION OF, OF THAT DRIVEWAY THAT ALL THAT CONCRETE IS GOING TO BE REMOVED. THE, CAN YOU USE A LASER POINTER? THERE SHOULD BE ONE THERE. WHAT ARE YOU? SO ALL THIS CONCRETE AREA, ALL THIS CONCRETE, ALL THIS AND INCLUDING A PIECE ON HERE WILL BE REMOVED. IT'S GONNA HAVE A 12 FOOT WIDE DRIVEWAY AND A HORSESHOE WILL [00:20:01] COME AROUND THIS WAY. SO CURRENTLY THERE IS, UH, THIS CURB CUT, WHICH IS, IT EXCEEDS 15 FEET. THE CURRENT, UM, LIMIT. SO IT'S GONNA, IT'S GONNA GO TO 15 FEET. WE'LL HAVE THE HORSESHOE GOING AROUND WITH ANOTHER 15 FEET THIS WAY. AND ALL THIS OTHER AREA WILL BE ALL THIS OTHER CONCRETE, INCLUDING A, LIKE A CIRCULAR HALF CIRCLE RIGHT HERE, UM, WILL BE ALL GRASS IN HERE. WE'LL HAVE SOME ADDITIONAL GRASS. AND ON THIS AREA, IF YOU CAN SEE IT, IT WAS ONE OF THE EXHIBITS PRESENT, UH, IN INCLUDED IN MY, UM, APPLICATION. SO ALL THIS WILL BE ADDITIONAL GREEN SPACE. ALL LET ME THIS SIR, SIR, CAN YOU TAKE, THIS CONCRETE WILL BE REMOVED, THIS CONCRETE SPACE RIGHT HERE. THIS IS ALREADY GREEN SPACE. THIS WILL BE, UH, PERVIOUS COVERAGE. UH, SIR, CAN YOU, CAN YOU, UH, PUT THAT DOWN? THEY CAN PROJECT THAT UP ON THE SCREEN. YES. I NOTICED THAT YOU HAD SOME ADDITIONAL COLORATIONS ON THERE. YES. WHAT'S GONNA END UP BEING LANDSCAPE AND UNFORTUNATELY THAT WASN'T PRESENTED IN THE, IN THE MAIL THAT, UH, WAS, UH, SENT OUT TO MY NEIGHBORS. BUT EVEN STILL, THERE'S A ELEMENTARY SCHOOL RIGHT HERE. I CAN'T PARK RIGHT HERE LIKE MOST RESIDENTS CAN BECAUSE THERE ARE RESTRICTIONS I CAN'T PARK DURING LIKE THE MORNING HOURS, THE AFTERNOON HOURS. SO IT'S, IT'S NOT VIABLE PARKING FOR ME. AS YOU CAN SEE, I'M PARKING RIGHT HERE. IT DOESN'T LOOK GREAT. I'M PROPOSING TO ENHANCE MY, MY, MY FRONT YARD. THAT'S GONNA ENHANCE THE NEIGHBORHOOD. AND TO SAY THERE AREN'T OTHER HOUSES IN MANKEY THAT DON'T, THAT, THAT DON'T HAVE, UH, HORSESHOES NOT ACCURATE. 'CAUSE THERE ARE OTHER PROPERTIES THAT DO HAVE, UM, HORSESHOES. OKAY. SO, UH, I'M, I'M JUST GONNA INTERJECT REALLY QUICK AND ASKED A, A, A, A COUPLE TECHNICAL QUESTIONS. SO ON THIS EXHIBIT, UM, THIS IS FROM A SURVEYED EXHIBIT THAT, THAT WAS TO SCALE AT ONE POINT. UH, BUT WHAT, WHAT YOU'RE PROPOSING TO DO, JUST TO MAKE SURE WE'RE CLEAR, IS TO PUT A HORSESHOE, BUT A PORTION OF THE HORSESHOE IS GOING TO EXIST IN THE CITY RIGHT OF WAY. IS THAT WHAT I'M SEEING HERE? UM, THAT THAT IS CORRECT, EH, 'CAUSE IT GOES RIGHT, RIGHT UP HERE. BUT IT'D BE SIMILAR TO AN APPROACH THAT IS IN THE CITIES RIGHT AWAY. IT'S NO DIFFERENT. THERE'S, UH, RIGHT HERE THE APPROACH. AND THEN I WOULD HAVE, UH, AN APPROACH RIGHT HERE. DOES YOUR AREA OF TOWN HAVE, UH, SIDEWALKS? NO, IT DOES NOT. OKAY, THANK YOU. PLEASE CONTINUE. OKAY. AND YOU KNOW, THAT BRINGS ANOTHER, UM, THAT YOU MENTIONED THE SIDEWALK. THAT BRINGS UP ANOTHER, UM, THING TO BRING UP IS THAT THERE, THERE ARE NO SIDEWALKS IN THIS AREA. AND WHEN I, YOU CAN SEE HOW I PARK, I'M PRACTICALLY IN A WALKING AREA. MOST PEOPLE WALK IN THE STREET ANYWAYS. BUT I WOULD BE ABLE TO PARK THIS VEHICLE, UM, LIKE SIDEWAYS, YOU KNOW, LONG WAYS WHERE IT WOULDN'T BE, UH, USING UP THAT SPACE. 'CAUSE I, RIGHT NOW I HAVE TROUBLE WHEN ALL THE KIDS ARE GETTING PICKED UP OR DROPPED OFF. UM, AND, AND, AND ALSO LAMAR, THEY'RE ACTUALLY GONNA MAKE THE FRONT OF THE ELEMENTARY SCHOOL RIGHT ON BELLEVUE. CURRENTLY IT'S, UM, PARK, PARK, PARK. WHAT'S IT NAME? PARKLAND, PARKLAND PLACE, UH, IS LIKE RIGHT HERE. AND SO RIGHT NOW MOST OF THE KIDS ARE, UH, KIND OF BEING PICKED UP OVER HERE, BUT THERE ARE QUITE A BIT. I MEAN, IT'S EVERY, DURING, DURING THE SCHOOL DAY, SCHOOL DAY, THEY'LL BE ALL UP DOWN HERE AND RIGHT HERE AND THEY'LL BE BLOCKING MY VEHICLES. SO IT, IT, IT'S A BIG PROBLEM. OKAY. UM, IF YOU GIMME ONE SECOND. STAFF, HAS ANYONE SIGNED UP TO SPEAK ANY VOICEMAILS? THERE'S NO PUBLIC COMMENT. ALL RIGHT. SO WE'RE GONNA OPEN THIS UP TO SOME QUESTIONS. AND YOU COMMISS YOUR QUESTIONS. KAPLAN, MR. TEAL AND THEN KAPLAN. UM, GIVEN YOUR CURRENT SITE DESIGN, WHAT HAPPENS TO THE TREE THAT'S THERE IN THE FRONT OF THE HOME? SO THAT TREE, UM, IT'S ALREADY ON ITS WAY OUT. IT'S, IT'S IT TREE. IT'S, IF YOU CAN SEE THIS TREE OVER HERE, IT'S THE SAME TREE. AND THIS ONE'S VERY, UM, IT'S ALL THINNED OUT THE, CURRENTLY RIGHT NOW, ALL THESE LEAVES, WHICH, UH, SHOULD BE GREEN, ARE ALL BROWN. WHILE THIS ONE IS ALL GREEN. SO, AND ALSO THIS TREE IS, SO YOU'LL BE REMOVING IT. THAT IS CORRECT. AND I'M LAYING OUT THE FACTS WHY IT WOULD BE, BECAUSE ADDITIONALLY THIS TREE IS LEANING OVER, UM, MY, MY HOUSE. IT'S LIKELY YOU'LL NEED A TREE VARIANCE AS WELL. YES, SIR. OKAY. UH, COMMISSIONER KAPLAN, GO BACK. LET'S GO BACK TO THE SITE PLAN. UH, SLIDE. YEAH. [00:25:01] OKAY. YOU SEE WHERE IT SAYS IN THE BACK, PEBBLE CONCRETE, IS THAT YOURS? IS THAT LIKE A PARKING AREA BACK THERE? THIS IS THE BACKYARD. SO IT'S, THIS GOES TO SHOW HOW SMALL THE YARD IS. THIS IS LIKE THE SIZE OF A LARGE BEDROOM. UH, AND THEN TO ACCESS THE BACK IS THIS, UM, WALKWAY. WELL, SO IS THAT LIKE YOU DRIVE TO IT? WHAT IS THAT? THE PEBBLE CONCRETE AREA? IT'S JUST THE BACK SPACE. UM, SO IT'S NOT LIKE A, A PARKING AREA FOR YOU, CORRECT? IT'S NOT. OKAY. UH, HOW MANY CARS DO YOU OWN? I HAVE THREE. WE'LL BE GETTING RID OF ONE. AND SO YOU HAVE TWO CARS. AND THE REQUIREMENT IN THIS NEIGHBORHOOD IS FOR THERE BEING ENOUGH PARKINGS FOR TWO MM-HMM. . AND AS, AS OF RIGHT NOW, THERE'S ONLY PARKING FOR ONE INSIDE THE GARAGE. BRAMAN. BUT YEAH. HOLD ON, HOLD ON. ARE YOU, ARE YOU DONE? NO, BUT WE ALSO SEE THAT YOU PARK OUTSIDE, THERE'S INSIDE AND THEN THERE'S AT LEAST ONE OR TWO SPACES OUTSIDE IN THE DRIVEWAY. THERE'S, THERE'S GARAGE RIGHT HERE. AND PARKING RIGHT HERE HAS ME PARKING ALL UP IN THE PUBLIC SPACE, UH, THE, THE CITY AREA AND RIGHT HERE, UM, UM, IT'S, IT, IT, IT WORKS. I, I GUESS, I MEAN, YOU SAW IT, IT WORKS. IT'S JUST, ALL RIGHT. COMMISSIONER BREGMAN. UM, YES. WITH THE CHANGE OR WHAT YOU'RE, UM, SAYING ABOUT THERE'S GONNA BE MORE PERVIOUS SURFACE AS OPPOSED TO, DO YOU HAVE A SENSE OF WHAT THE PERCENTAGE IS AS OPPOSED TO WHAT THE, THE GUIDELINES ARE? SINCE I AM, SINCE WHAT STAFF IS SAYING IS THAT IT'S MORE THAN 50% WITH YOUR ITERATION, WHAT DO YOU THINK THE PERCENTAGE REALLY WILL BE? WELL, AS IT IS RIGHT NOW, I, I CAN'T ANSWER THAT QUESTION, BUT AS OF RIGHT NOW, I CAN SAY WE HAVE ABOUT, UH, I WOULD GUESS 3% PERVIOUS COVERAGE. AND IF I WERE TO ESTIMATE, WE'D PROBABLY GO UP TO 10, 15% PERVIOUS COVERAGE. ALL OF THIS IS CONCRETE, CONCRETE, CONCRETE, CONCRETE, CONCRETE, LITTLE TINY GREEN SPACE. SO SIR, SIR, WHEN THEY SAY 50%, WE ONLY WE'RE TALKING ABOUT ON THE FRONT PLANE OF THE HOME. SO FROM THE FRONT OF YOUR HOME TOWARDS THE STREET IS, IS THE, IS WHAT THE 50% IS APPLIED. OKAY. OKAY. SO IN THAT CASE, UM, I THINK WE'LL, WE'LL PROBABLY GO TOWARDS, UM, I MEAN, I MEAN, JUST BASED ON, UH, AN, YOU KNOW, A, A GUESSTIMATE, GEEZ, RIGHT NOW WE'RE PROBABLY LIKE AT 95% IMPERVIOUS COVERAGE AND I WOULD GUESS WE'RE, WE'D GO TO, UH, UH, A 60%. SO, OKAY. SO I'M GOING TO ASK A COUPLE QUESTIONS. UM, SO IT LOOKS FROM YOUR SURVEY THAT YOU HAVE TWO LABELED NATURAL GROUND AREAS, IF YOU COULD BRING THAT. YEAH, I'M LOOKING AT, UH, RIGHT ON THE NORTH, UH, THE NORTHERN SIDE OF THE PLAN, RIGHT BY YOUR DRIVEWAY. YOU HAVE TWO SQUARES THAT ARE CALLED THAT AS A NATURAL GROUND AREA, AND THAT ONE OF THOSE APPEARS TO BE THAT TREE THAT YOU HAD MENTIONED THAT WAS IN DECLINE. AND THOSE ARE SHOWN, IF THIS IS CORRECT, TO BE IN THE CITY RIGHT OF WAY. CORRECT. UM, I ALSO NOTICED THAT YOU HAD AN OVERHEAD AND ELECTRIC LINES AND COMMUNICATION LINES RIGHT OVER THAT TREE. YES. AND SO, UM, DID YOU TALK TO C P S? WOULD THEY BE IN SUPPORT OF THAT TREE BEING REMOVED? UM, THAT'S ACTUALLY NOT A PROBLEM WITH THE, UH, LINES. WE HAD A, A TREE RIGHT HERE THAT ACTUALLY BLOCKED MY ACCESS TO THE GARAGE THAT WAS WITHIN OUR PROPERTY. UM, WITHIN OUR PROPERTY WE HAD IT TAKEN DOWN. SO NOW, NOW WE CAN ACTUALLY GET ACCESS TO THIS CAR GARAGE AND IT, ALL OF THAT WAS UNDER, UM, HITTING THE, THE POWER LINES. SO I HAVE A QUESTION FOR STAFF THEN. SO WHEN THIS, HAVE YOU SUBMITTED FOR A PERMIT, FIRST OF ALL? UH, NO. THEY SAID I WOULD HAVE TO GET A VARIANCE AND THEN GO. SO WHEN, WHEN THIS APPLICANT, UH, ULTIMATELY IF HE GETS TO APPLY FOR A PERMIT, IS HE ALLOWED TO PROPOSE THE TOP OF THE HORSESHOE IN THE CITY RIGHT OF WAY? I KNOW DRIVEWAYS HAVE TO HAVE TO CUT THROUGH, BUT HOW, HOW DOES THAT WORK? HOW DOES THAT REVIEWED? UH, THE TRAFFIC SECTION WOULD REVIEW THE ADDITIONAL, UH, CURB CUT. OKAY. BECAUSE I MEAN THEY, EVEN IF HE WAS ALLOWED THE TWO CAR, I'M JUST A, I'M, WE HAVE A TRAFFIC REPRESENTATIVE HERE. OH, FANTASTIC. WE'RE GOING, WE'RE GONNA HEAR FROM A, A MEMBER OF THE STAFF REAL QUICK. UM, WE WOULD WORK WITH, UH, PUBLIC WORKS ON THAT, MAKE SURE THAT THE, ANY AGREEMENTS ARE WORKED OUT OKAY. BUT IT, BUT THIS IS CONSIDERING THE CONDITIONS OF IT, IT'S, YOU KNOW, THE EXISTING LOTS VERY SMALL. SO WE WOULD BE WORKING WITH PUBLIC WORKS TO MAKE SURE THAT THAT'S ALLOWED. AND, BUT IT IS PERMITTABLE, WHAT HE'S ASKING FOR IS SOMETHING THAT IS POSSIBLE TO GET A PERMIT. YEAH. OKAY. YES, SIR. I JUST WANNA MAKE, I JUST WANNA MAKE SURE. ALRIGHT, THANK YOU SO MUCH. MM-HMM. , MANANA, CREW CHAIRMAN. OKAY. COMMISSIONER MANNA AND THEN, YEAH, VASQUEZ. UM, SO THE FIRST QUESTION FOR CITY IS, UH, DO WE HAVE THE, UM, TEXT INFORMATION THAT WAS PROVIDED BY MENKE PARK WITH REGARDS TO THEIR OBJECTION? YOU KNOW, THAT MAY BE AVAILABLE TO BE DISPLAYED SO WE CAN SEE IF THERE'S ANY ADDITIONAL DETAILS [00:30:01] THERE. Y YEAH, UH, YES, I'LL BE ABLE TO PROVIDE THAT. UM, JUST GIMME A FEW SECONDS TO PULL IT UP, I GUESS. AND WHILE THEY'RE PULLING IT UP FOR THIS QUESTION FOR THE APPLICANT, SO, UH, DID YOU HAVE AN OPPORTUNITY TO MEET WITH THE MENKY NEIGHBORHOOD ORGANIZATION AND TALK TO THEM ABOUT YOUR PLAN AND, YOU KNOW, WAS THERE ANY DIALOGUE WITH REGARDS TO, WELL, I SPOKE TO MY NEIGHBORS IN THAT 200 FOOT RADIUS. UM, HALF OF THEM WERE RENTERS, THE OTHER TWO WERE NOT AN OBJECTION. UM, AND, AND AGAIN, THE, THE LETTER THAT WENT OUT TO THE, UH, THE NEIGHBORS AND I DON'T KNOW, IT'S THE SAME LETTER THAT THE, UM, DISTRICT RECEIVED DOESN'T SHOW THE GREEN SPACES. THEY GOT THIS IMAGE. SO IT, IT, IT DOESN'T PRESENT THE, THE, MY PROPOSAL TO INTRODUCE ADDITIONAL, UM, PERVIOUS PREVIOUS COVERAGE. SO THEN I GUESS, SO YOU DID NOT HAVE AN OPPORTUNITY THEN, I GUESS TO TALK TO MINKE PARK? THAT'S CORRECT. OKAY. AND THEN, UM, AND THEN ANOTHER QUESTION IS, UM, SO, SO COULD YOU DO, UM, UM, A CUT OR A HORSESHOE DRIVEWAY ONLY CONSUMING 50% OF THE PREVIOUS COVER? DO YOU THINK THAT'S A POSSIBILITY? UM, I DON'T THINK SO. I THINK IT, IT WOULD PROBABLY BE THE, UM, YOU KNOW, 60, 65% BECAUSE THIS AREA, I WOULD NEED, UM, CONCRETE TO GO TO THE BACK, UM, RIGHT THERE. AND THEN RIGHT HERE I WOULD HAVE TO HAVE SOME CONCRETE, 'CAUSE THERE'S A, LIKE MY ENTRYWAY RIGHT HERE, UH, IT'S, IT'S JUST THE, YOU KNOW, I HAVE A, A VERY SMALL LOT, RIGHT. BUT I GET THE, YOU KNOW, SO I GET, YOU KNOW, ENTRYWAYS AND THAT. BUT, YOU KNOW, I'M NOT USED TO, HONESTLY, I'M NOT USED TO SEEING TOO MANY HOMES THAT ARE 95, 90 9% COVERED AND CONCRETE ALL THE WAY AROUND THEM. AND SO, SO, SO THAT WILL SAY, THAT'S A UNIQUE, UH, ARCHITECTURE FROM MY PERSPECTIVE. SO, YOU KNOW, THAT'S WHY I WAS ASKING THE QUESTION. SO YES, SIR. ALL RIGHT. COMMISSIONER VASQUEZ? OH, YES SIR. OUR COURT. I HAVE A QUESTION FOR MR. BELLA. UH, SIR, I BELIEVE I HEARD YOU SAY THAT, UH, THERE ARE OTHER, UH, PROPERTIES THERE IN MANKEY PARK THAT DO HAVE, UH, CIRCULAR DRIVEWAYS. THAT'S CORRECT. UH, TO THE BEST OF YOUR RECOLLECTION, COULD, COULD YOU, UM, TELL ME ABOUT HOW FAR AWAY, UH, WOULD, WOULD THOSE OTHER PROPERTIES BE FROM, FROM YOUR LOCATION? UM, I GENERALLY DON'T WALK TOO FAR OF A DISTANCE WITH MY DOG. HE'S, HE'S AN OLDER, UM, DOG. BUT, UH, JUST UM, IN THAT I GUESS, UH, LITTLE TRIANGLE, I MEAN, RIGHT ON PARKLAND, PARKLAND PARK. I'M SORRY, I, I'M NOT FAMILIAR WITH THE, THE ROAD YET. I JUST MOVED IN IN DECEMBER, UM, CHRISTMAS TIME. UM, BUT THERE'S ONE, IT'S ONE OF THE HOUSES THAT ARE WITHIN THE 200 FEET, UM, RADIUS. UH, AND IF I GO DOWN ANOTHER BLOCK TOWARDS THE NORTH END, THERE'S ANOTHER ONE THERE. SO I, I I, IN THE IMMEDIATE AREA THERE, THERE ARE TWO. YES, SIR. THANK YOU. NOW I HAVE A, A QUESTION FOR, FOR, FOR STAFF. IS THERE ANY WAY THAT, UH, THE STAFF COULD DISPLAY THAT, UH, UNDER GOOGLE, UH, GOOGLE EARTH AND, AND DISPLAY THE, UH, THE CIRCULAR, UM, UH, DRIVEWAYS? YES, WE CAN. ADDITIONALLY, I DID INCLUDE IN ONE OF MY, UH, ATTACHMENTS, UH, THE, THE TYPE OF, UM, DESIGN THAT I'M LOOKING FOR AS, UH, LOOKING AT, UM, SOME PAVERS. UM, AND I DON'T KNOW IF THEY CAN SHOW THAT TOO. SO, I MEAN, IT, IT'S REALLY NOT, IT'S GONNA BE SOMETHING NICE AND UH, UH, YOU KNOW, IF IT DOESN'T HAPPEN, MY WIFE'S HAPPY EITHER WAY 'CAUSE SHE'D RATHER SPEND MONEY INSIDE. BUT I WANT THE OUTSIDE TO LOOK REALLY NICE. , 3, 2, 3. PARLIN HAD, UH, TWO CURB CUTS, BUT UH, I DON'T KNOW ABOUT A CIRCLE DRIVE. OH, THERE'S ONE RIGHT THERE, RIGHT? YEAH, ONE BLOCK TO THE ONE BLOCK TO THE NORTH. THERE'S A WHITE HOUSE RIGHT NEAR THE CORNER THAT HAS ONE THERE. IT'S RIGHT THERE. GREAT. OKAY. THANK YOU VERY MUCH FOR DISPLAYING THAT. OKAY. VERY WELL MAKE SURE MINKA. YEAH. SO THE BOTTOM LINE, HE'S RESTORING, IMPORT THIS COVER, HE'S ADDING MORE TO WHAT'S THERE NOW? THAT IS CORRECT. OKAY. THAT'S IT. THANK YOU COMMISSIONER CRUZ. THANK YOU, SIR. UM, I'VE GOT A QUESTION. HAVE YOU TALKED TO YOUR DISTRICT REPRESENTATIVE TO SEE IF THERE'S ANY PLANS ON MAKING THE SIDEWALKS? BECAUSE I KNOW THERE'S QUITE A FEW PLANS FOR QUITE A FEW DIS DIFFERENT DISTRICTS AND I'M NOT SURE OF WHAT DISTRICT TWO HAS ON THE AGENDA RIGHT NOW. UH, I HAVE NOT. UM, JUST BASED ON THE, [00:35:01] THE DISTANCE BETWEEN THE, THE CURB AND, AND THE KNOW FRONT OF THESE HOMES, I, I DON'T ANTICIPATE THERE COULD BE SIDEWALKS, BUT YOU KNOW, I, I I HAVE NOT, AND I DON'T KNOW. WELL ALSO TOO IS BECAUSE YOU HAVE TO CONSIDER THAT WITHIN THE NEXT YEAR OR TWO IF THEY DECIDE TO MAKE THE SIDEWALK, WILL IT HURT WHAT YOU'RE PLANNING ON DOING NOW? I UNDERSTAND. JUST SO THAT YOU KNOW. YES MA'AM. OKAY. IS THERE ANYONE ELSE THAT WAS JUST, UH, COMMISSIONER ALBERT? I HAVE A QUESTION FOR STAFF. IF THE APPLICANT WERE TO DO SAY A RIBBON STRIP OR USE PERVIOUS PAVERS TO MAKE, MAKE HIS HORSESHOE, UH, IT SEEMS TO ME THAT THAT WOULD MAKE THE FRONT YARD NEARLY OR ENTIRELY, UH, PERVIOUS, THEN WE'D BE LEFT WITH THE CURB CUT. GOOD QUESTION. ARE YOU ASKING IS IF HE DOES A PERVIOUS UH, DRIVEWAY? WE DON'T NEED THE 50%. IS THAT WHAT YOU'RE ASKING SIR? UH, CORRECT. I HAVE, I DON'T KNOW IF YOU MEASURED OR HAVE A LOT SIZE OR ANYTHING LIKE THAT, BUT IF THE, THE HORSESHOE ITSELF WERE TO BE PERVIOUS OR WOULD TO BE JUST RIBBON STRIP, IT SEEMS THAT THE FRONT YARD WOULD, UH, BE IN COMPLIANCE WITH THE 50% FOR ZONING PURPOSES. YES. UH, THIS TRAFFIC HAVE ANY TRAFFIC IS WAVING. YES, THEY'RE GOOD. THANK YOU. OKAY. COMMISSIONER ZUNA, UH, THE QUESTION FOR STAFF AS WELL. IT'S JUST, UH, UH, WHEN THE PLANS ARE UNDER REVIEW WOULD ALSO REVIEW FOR THE CLEAR VISION TO, I KNOW IT'S RIGHT NEXT TO, UH, ELEMENTARY SCHOOL AND VISIBILITY ISSUES, KIND OF, KIND OF CLEAR, RIGHT? UM, ARE YOU TALKING ABOUT, UM, FENCES THAT ARE ALREADY BUILT? UH, FENCES ARE JUST THE ANGLES OF THE APPROACH OF THE HORSESHOE? JUST MAKE SURE YOU GET SOME VISION. RIGHT. FOR CLEAR VISION, IT WOULD BE A FENCE OVER THREE FEET. UM, WE WOULD HAVE TO SEE IF THERE'S ANY DRIVEWAYS, BUT THAT WOULDN'T REALLY BE ON HIM 'CAUSE IT'D BE ALREADY AN EXISTING FENCE AND BUDDING PROPERTIES. OKAY. AND I WANTED TO ASK, UH, IT LOOKS LIKE IT'S NOT A DIMENSION ON YOUR SURVEY, BUT FROM THE FACE OF YOUR GARAGE DOOR TO YOUR PROPERTY LINE, IT LOOKS LIKE IT'S MAYBE 12 FEET. DO YOU HAVE ANY COMMENT, DO YOU HAVE ANY IDEA WHAT THAT DIMENSION WOULD BE TO YOUR PROPERTY LINE? TO THE PROPERTY LINE FROM YOUR DRIVER, FROM YOUR GARAGE? UM, LIKE FROM THE CURB TO NO, THE, SO YOU HAVE, FROM THE CURB YOU HAVE A CURB, THEN YOU HAVE A PROPERTY LINE THAT COULD BE, UH, I DON'T KNOW, SEVEN OR EIGHT FEET. SO IF YOU GO ON THAT EXHIBIT, IT LOOKS LIKE ABOUT, UH, 20% OF YOUR, OF YOUR ART DRIVE IS ACTUALLY IN, AT THE VERY, AT THE VERY APEX IS IS IN THE CITY RIGHT OF WAY. SO THERE'S A LINE THAT RUNS ACROSS, UM, THERE'S A, A CIRCULAR PIN ON EITHER SIDE AND IT DENOTES WHERE YOUR PROPERTY LINE IS. UH, THE 50% RULE IS ONLY FROM THAT PROPERTY LINE INTO YOUR PROPERTY TO THE FRONT OF YOUR HOME. I SEE WHAT GOES ON IN THE CITY RIGHT OF WAY IS NOT PART OF THAT 50% CALCULATION. AND SO, YOU KNOW, SOME OF THE, SOME OF WHAT I'M SEEING HERE IS, IS THAT AS I WENT THROUGH GOOGLE EARTH AND YOUR NEIGHBORS, YOUR BLOCK SEEMS TO BE ONE OF THE ONLY BLOCKS WHERE THE HOMES ARE THAT CLOSE TO THE STREET, WHICH WOULDN'T ALLOW FOR SIDEWALKS OR, OR THAT'S WHY EVERYONE HAS THESE, UH, PARKING CONDITIONS WHERE THEIR CAR IS JUST BARELY MAKING IT OFF THE ASPHALT TO BEGIN WITH. THAT'S CORRECT. AND SO I'M JUST TRYING TO FIGURE OUT, YOU KNOW, IF YOU ONLY HAVE, UH, 12 FEET OR SO FROM THE FACE OF YOUR GARAGE TO THE PROPERTY LINE, UM, YOU KNOW, IF THE GOAL IS TO TRY TO GET TWO CARS IN THERE, DO YOU HAVE ENOUGH ROOM TO HAVE, YOU HAD MENTIONED YOU HAD THREE CARS, I MEAN, TO HAVE TWO CARS ON THE ARC PART AND THEN ONE IN THE DRIVEWAY OR THE GARAGE OR SOMETHING. I MEAN, WOULD THIS GET 'EM ALL, ALL THREE OFF THE ROAD? WELL, PARKING ON THE ROAD'S NOT AN OPTION RIGHT NOW. UM, UH, IT'S, I MEAN FOR MAYBE ON THE WEEKEND WHEN THE SCHOOL'S NOT IN SESSION. UM, BUT UM, BUT COULD YOU GET ALL THREE CARS OFF OF THE STREET? YES. UM, WITH ONE IN THE, IN THE CAR GARAGE, ONE IN FRONT OF THE CAR GARAGE, WHICH HAD PART OF IT WOULD REST ON THE CITY RIGHT AWAY. AND THEN THE OTHER PART ON THE ARCHED PORTION OF THE HORSESHOE DRIVEWAY. OKAY. THANK YOU. YES, SIR. UH, ANYONE ELSE? BRAGMAN UH, COMMISSIONER BRAGMAN, UM, DO YOU HAVE ANY PLANS TO TAKE OUT ANY MORE OF THE IMPERVIOUS SURFACE? UH, LIKE IF YOU LAY DOWN THAT ARCHED UH, DRIVEWAY, ARE THERE ANY PLANS TO TAKE OUT ANY MORE OF THE IMPERVIOUS, UM, SURFACE TO RIGHT. SO GET THAT PERCENTAGE DOWN. SO SINCE WE'RE TALKING ABOUT INSIDE MY, WITHIN MY PROPERTY LINE, WHICH IS AT THIS LINE, YES. ALL, ALL THIS DOTTED AREA WILL BE REMOVED EXCEPT THIS I NEED A SQUARE RIGHT HERE. 'CAUSE THAT'S WHERE I ENTER. UM, THIS WILL BE REMOVED. THIS IS ALREADY NATURAL GROUND AREA. THIS AREA WILL BE REMOVED ALSO. THIS [00:40:01] WILL BE REMOVED. THIS IS CONCRETE RIGHT NOW. AND THE, THE, THE OTHER ATTACHMENT WILL SHOW HOW THIS, THIS IS BEING TURNED INTO NEWLY GREEN SPACE. NEW GREEN SPACE, GREEN SPACE HERE AND, AND IN FRONT OF HERE AND, AND, AND OUTSIDE THE PROPERTY LINE, ALL OF THIS IS NEW GREEN SPACE. COULD, COULD STAFF BRING UP THE GOOGLE VIEW OF THE FRONT OF THE HOUSE SO THE APPLICANT CAN MAYBE SHOW ON THE ACTUAL PROPERTY WHAT HE'S, UH, YEAH, SO, SO WITH A HORSESHOE COMING THE EDGE, THE, UH, THE LEFT EDGE COMING FROM OVER HERE, AROUND OVER HERE, ALL THIS WILL BE REMOVED. ABOVE ALL THIS WILL BE REMOVED OVER HERE. THERE'S A, LIKE A RECTANGULAR SPACE THAT WILL BE REMOVED BECAUSE THE DRIVEWAY WILL BE 12 FEET WIDE INSTEAD OF THIS ENTIRE SPACE. AND A STRIP ON THIS END, RIGHT HERE, RIGHT HERE, THIS LINE RIGHT HERE, RIGHT TO THE RIGHT SIDE OF THIS, UM, BROWN CIRCLE, UH, IS THE EDGE OF MY PROPERTY LANE. OKAY. AND THEN TO THE LEFT. AND THEN TO THE LEFT, BASICALLY LIKE, UH, FIVE FEET MAYBE TO THE LEFT OF, OF THE HOUSE IS RIGHT HERE. BUT I'LL KEEP THIS PIECE OF CONCRETE JUST SO I CAN WALK TO THE BACK. BUT ALL THIS WILL BE REMOVED. SIR, CAN THAT, THAT PLAN YOU HAD WITH THE NICE COLORS ON IT? CAN, CAN YOU YES. LET US PASS THAT DOWN HERE. I KNOW IT WAS ON THE SCREEN, BUT I'D, I'D, I'D SURE LIKE TO SEE IT. IS THAT YOUR ONLY COPY OR MAY WE KEEP THAT YOU CAN KEEP IT, YES. YES. NOW CAN YOU BRING THAT UP HERE PLEASE? YEAH. AND, AND STAFF, THE REASON I'M ASKING FOR THE GOOGLE VIEW IS BECAUSE THE SUBJECT PROPERTY PHOTOGRAPH REALLY DOESN'T SHOW THE ENTIRE WIDTH OF THE FRONT OF THE, THE PROPERTY. 'CAUSE IT, I, I BELIEVE IN THE GOOGLE VIEW THERE'S PICTURES OF THE THREE TRASH CANS. AND SO YOUR, YOUR PROPERTY LINE GOES ALL THE WAY OVER TO THOSE TRASH CANS, TO THOSE TRASH CANS, THOSE TRASH. SO THERE'S REALLY MORE ON THE GOOGLE VIEW THAT YOU CAN SEE THAT'S GONNA BE TAKEN OUT, I BELIEVE, THAN THAN SHOWS ON THE SUBJECT PHOTO. SO HE'S BOLDED UP RIGHT NOW. I'LL KEEP, I I NEED TO KEEP THIS WALKWAY RIGHT HERE SO I CAN BRING OUT MY TRASH CANS AND THEN ALL THIS WILL BE REMOVED. WHAT, WHAT I WAS, THE REASON WHY I WANTED THAT TO EXHIBIT PASSED AROUND AND I ASKED IF HE HAD AN ADDITIONAL COPY, IS, IS IF THAT WAS MADE PART OF THE FILE, I THINK IT WOULD PROBABLY MAKE SOME OF THE, THE COMMISSIONERS MORE COMFORTABLE WITH WHAT HE'S, UH, ATTEMPTING TO MAKE PERVIOUS COVER COMMISSIONER, MAN. SO, SO YOU JUST INDICATED YOU'RE ALSO GONNA TAKE OUT THE CRATE MYRTLE THEN IN THE FRONT AS WELL? YES. SO, OKAY. SO, SO LET'S SEE HERE. AND THEN, SO THERE'LL BE NO MORE TREES IN THE FRONT YARD AT ALL THEN, RIGHT? UM, OKAY, FOR THE RECORD, IT LOOKS LIKE THE CREPE MYRTLE'S ALREADY GONE. YES. WELL, I THINK IT'S STRANGLED FROM JUST ALL THE CONCRETE, HONESTLY. SO AS I LOOK AT IT, YOU KNOW, THERE'S NOTHING GETTING TO IT. SO, SO THE EXHIBIT THAT'S BEING PASSED IS, IS WHAT'S IN GREEN, IS WHAT HE'S WANTING TO MAKE PERVIOUS COVER, UM, AS PART OF THIS, UH, PROPOSED PROJECT. AND, UH, SO A QUESTION FOR STAFF, WOULD IT BE POSSIBLE, UM, IF, UH, IF A, CAN A COMMISSIONER MAKE THAT EXHIBIT PART OF HIS, OF HIS MOTION AS, AS A SUBMITTED SITE PLAN TO SAY THIS IS THE, UH, EXTENT OF WHAT THE IMPERVIOUS COVER'S GOING TO BE WITHIN, WITHIN HIS FRONT YARD? OR WOULD HE HAVE TO ADD THAT TO HIS APPLICATION FORMALLY? UH, HE, HE CAN ADD IT NOW. OKAY. ARE YOU TALKING ABOUT THAT FORM? I, UH, THE, THE, THE, UH, ATTACHMENT? YEAH. SO WHAT HAPPENS IS, UM, WE, WE CAN'T SET CONDITIONS. ALL WE CAN DO IS EITHER APPROVE PASS OR ADJUST SOME OF THE PERCENTAGES THAT, THAT ARE IN, UH, YOU KNOW, IN, IN, IN EXCESS OF WHAT'S ALLOWED. UH, BUT AS THE APPLICANT, YOU CAN, YOU ARE ALLOWED TO MAKE, FOR EXAMPLE, TAKE THIS EXHIBIT AND MAKE IT PART OF YOUR FORMAL APPLICATION SO THAT IF A COMMISSIONER SO DESIRES, THEY MAY MAKE A MOTION TO APPROVE THE IMPERVIOUS COVER EXCEEDING 50%, UH, IN, YOU KNOW, IN A MANNER CONSISTENT WITH THE EXHIBIT THAT WAS MADE PART OF THE APPLICATION. THAT'S SOMETHING THAT, YOU KNOW, CAN BE DONE. OKAY. SO I JUST, BECAUSE I'M ASKING 'CAUSE THAT THAT WAS ACTUALLY INCLUDED WITH THE APPLICATION. OKAY. WELL, YEAH, JUST, WE JUST WANNA MAKE SURE WE'RE REAL CLEAR BECAUSE SOMETIMES SOME OF THE STUFF WE HAVE IN OUR ATTACHMENTS IS NOT AS, AS CLEAR WITH THE COLORS AS, AS THAT, UH, EXHIBIT WAS. SO. ALRIGHT. UH, IS THERE ANY MORE QUESTIONS? [00:45:01] ALL RIGHT, WELL, UH, SIR, WHAT WE'RE GONNA DO IS WE'RE GONNA DELIBERATE, UH, I'LL ASK FOR A MOTION AND WE'LL, WE'LL SEE WHAT HAPPENS. ALRIGHT, THANK YOU. SO WITH THAT, UM, THANK YOU MR. CHAIR. WAS HE CLEAR ABOUT INCLUDING THE SITE PLAN AS PART THIS? OH YEAH. IS THIS SOMETHING YOU WOULD, UH, YOU CAN KEEP THAT ONE? NO. WOULD YOU, WOULD YOU DESIRE TO FORMALLY INCLUDE THAT, UH, THAT COLOR EXHIBIT AS PART OF YOUR PROPOSED, UH, APPLICATION? YES, I WOULD LIKE TO INCLUDE IT. OKAY. CAN YOU PLEASE STATE THAT UH, YOU KNOW, THAT THAT AREA SHOWN IN GREEN WOULD BE INTENDED TO BE PERVIOUS COVER? YES. AND THOSE, UH, AREAS THAT I HIGHLIGHTED IN GREEN WILL BE, UH, PREVIOUS COVERAGE WITH THE ONLY IMPERVIOUS BEING THE BLUE AREAS. THANK YOU. ALRIGHT, UH, IF YOU COULD PLEASE HAND THAT TO STAFF, THEY CAN MAKE THAT PART OF THE APPLICATION. AND WITH THAT, I'M LOOKING FOR A MOTION. THANK YOU TEO. COMMISSIONER TEAL REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 9 6. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A VARIANCE FROM THE 50% IMPERVIOUS COVER REQUIREMENT TO ALLOW THE FRONT YARD TO EXCEED 50% AND IMPERVIOUS COVER. AND TWO, A VARIANCE FROM THE MANKEY PARK NEIGHBORHOOD ASSOCIATION N C D DASH SIX REGULATION OF MAXIMUM ONE CURB CUT TO ALLOW TWO CURB CUTS ON THE LOT SITUATED AT ONE 10 BELLEVUE SITE, UH, SITE PLAN AS INCLUDED AND STATED BY THE APPLICANT APPLICANT BEING ERNESTO VELA BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE APPLICANT'S REQUESTED VARIANCES OF EXCEEDING THE IMPERVIOUS COVER MAXIMUM AND EXCEEDING THE ONE CURB CUT MAXIMUM WILL NOT BE CONTRARY TO THE PUBLIC'S INTEREST AND NOT LIKELY TO NEGATIVELY AFFECT THE NEIGHBORING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT WOULD RESULT, EXCUSE ME, WOULD RESTRICT THE APPLICANT TO ONE CURB CUT THREE BY GRAINING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCES WILL NOT ALLOW THE FRONT YARD TO EXCEED 50% IMPERVIOUS MAX IMPERVIOUS COVER MAXIMUM AND ALLOW THE LOT TO HAVE TWO CURB CUTS EXCEEDING THE MANKEY PARK NEIGHBORHOOD CONSERVATION DISTRICT AND D DASH SIX STANDARDS. THE VARIANCE WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THE DRIVEWAY WILL BE NEWLY CONSTRUCTED. FOUR. THE VARIANCE WILL NOT AUTHORIZE AN OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE USE, THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCES 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. BECAUSE THE STAFF FINDS THE REQUESTED VARIANCES WILL NOT SIGNIFICANTLY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT, WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IT APPEARS THAT THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE SIZE OF THE FRONT YARD. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. SECOND, I'M GONNA GIVE THE SECOND TO BRAGMAN THE COMMISSIONER DEAL. UH, YES, I'LL BE IN SUPPORT OF THIS. THIS IS A VERY UNIQUE SITUATION AND I THINK IT LENDS ITSELF WELL TO THE VARIANCE PROCESS. UH, THE CURRENT, UH, IMPERVIOUS COVER IS CLOSE TO A HUNDRED PERCENT. UH, THE APPLICANT WILL BE PUTTING IN MORE PERVIOUS COVER. UH, ALSO IT'S UNIQUE IN THE SENSE THAT THERE IS A SCHOOL ACROSS THE STREET AND THEREFORE THERE'S NO ON STREET PARKING. UH, SO EVEN JUST HAVING TWO VEHICLES POSES A PRETTY SIGNIFICANT, UH, DIFFICULTY, UH, UNIQUE TO THIS INDIVIDUAL PROPERTY AND WAS NOT CREATED BY THE OWNER. SO I WILL BE IN SUPPORT. COMMISSIONER BRAGMAN, I CONCUR WITH MY COLLEAGUE. I'LL BE IN SUPPORT AS WELL. COMMISSIONER KAPLAN? YEAH. UM, WHILE I DON'T LIKE THE FACT THAT THE MONKEY PARK, UH, NEIGHBORHOOD ASSOCIATION IS NOT IN FAVOR OF IT AND IT DOESN'T CONFORM TO THEIR STANDARDS, AFTER SEEING YOUR, YOUR, UH, SITE PLAN OF WHAT YOU PLAN TO DO AND INCREASING THE PERVIOUS COVER, I THINK IT WILL IMPROVE THE FRONTAGE, THE, THE LOOK OF YOUR HOUSE. SO I'LL BE IN FAVOR OF IT. ALRIGHT, COMMISSIONER MINKA, I CONCUR FOR THE SAME REASON. I THINK YOU SHOWED US PRETTY WELL DEMONSTRATED THE FAIRNESS OF TRYING TO PUT THE SCREEN SPACES BACK IN. THANK YOU. THANK YOU. COMMISSIONER MANNA. UM, I WILL NOT BE SUPPORTING THIS MOTION AS IT'S READ. UM, I CANNOT SUPPORT ONE. UM, I THINK THAT THERE ARE OTHER SOLUTIONS THAT ARE AVAILABLE, UM, AS WE HAD SOME DIALOGUE WITH REGARDS TO PAVERS, WHAT HAVE YOU, AND THERE'S LOTS OF NICE ROADWAYS OUT THERE, UM, THAT WOULD SUPPORT THAT. I, I DO AGREE WITH THE SECOND CUT THROUGH, BUT, UH, I, I WON'T BE SUPPORTING THE IMPERVIOUS COVER SUPPORT. OKAY. ANYONE ELSE? UH, I'M GONNA GO AND CHIME IN. I'LL BE IN SUPPORT OF THIS FOR [00:50:01] A FEW REASONS, UH, IN ADDITION TO THE ONES ALREADY MENTIONED. BUT I LIKE THE IDEA OF, OF THIS PROJECT REMOVING A TREE THAT CONFLICTS WITH, UH, UTILITY LINES. I THINK IT'S GOOD FOR THE PERMANENT MAINTENANCE, UH, OF, OF THAT INFRASTRUCTURE. SECONDLY, IT WILL, IT'LL HELP, UH, REMOVE SOME OFF STREET PARKING AND, UH, THREE, IT'LL INCREASE IN, UH, PREVIOUS COVER. SO, UH, AND THIS, AND, AND FOURTH, THIS IS IN THIS AREA, ONE OF THE FEW VERY, VERY FEW LOTS THAT HAS NO REAL, YOU KNOW, REAL FRONT YARD FRONTAGE. I MEAN THIS, THERE'S BARELY ANY ROOM HERE FROM THE HOUSE TO THE, TO THE STREET AS COMPARED TO OTHER HOMES IN THE AREA. SO I THINK THAT, UH, THIS IS A GOOD SOLUTION. SO WITH THAT, LET'S HAVE A, UH, ROLL CALL BILL, PLEASE. MR TWO. YES, I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNIGA. I CONCUR. MR. ALBERT. I DO NOT CONCUR. MR. MANCHACA. I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ? YES, I CONCUR. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. UH, MOTION PASSES NINE TO TWO. UH, CONGRATULATIONS. DO YOU HAVE ANY QUESTIONS? PLEASE GET WITH STAFF, UM, YOU KNOW, REGARDING THE APPLICATION PROCESS AND WHAT TO DO NEXT. THANK YOU, SIR. MM-HMM. . ALL RIGHT. ITEM FIVE. GOOD AFTERNOON. ITEM NUMBER FIVE IS FOR CASE BO A DASH 22 DASH 1 0 3 0 103. LOCATED AT 39 15 SAN PEDRO WITHIN COUNCIL DISTRICT ONE, THE APPLICANT BEING CORRA ENTERPRISES INC. IS A REQUEST FOR A 36 PARKING SPACE VARIANCE FROM THE MINIMUM 64 PARKING SPACE REQUIREMENT TO ALLOW MULTI-TENANT COMMERCIAL PROPERTY TO, TO PROVIDE 28 PARKING SPACES THE PROPERTY ZONE C ONE LIKE COMMERCIAL DISTRICT. THE SUBJECT PROPERTY IS LOCATED AT, ON SAN PEDRO AVENUE NORTH OF HILDEBRAND AVENUE. THE APPLICANT SUBMITTED AN APPLICATION TO DEVELOPMENT SERVICES, UM, FOR AN INTERIOR FINISH OUT OF A RESTAURANT. IT, UH, DURING THE PLAN REVIEW PROCESS, IT WAS DETERMINED THAT A VARIANCE FROM THE MINIMUM PARKING REQUIREMENT WOULD BE REQUIRED DUE TO THE PROPOSED USE AND SQUARE FOOTAGE OF THE SPACE. DUE TO THE LIMITED AMOUNT OF SPACE ON THE PROPERTY, THE APPLICANT WILL ONLY BE ABLE TO PROVIDE 28 PARKING SPACES BASED ON THE SQUARE FOOTAGE OF THE BUILDING. THE PROPERTY'S REQUIRED TO MAINTAIN 64 PARKING SPACES. THIS IS A SITE PLAN THAT WAS SUBMITTED BY THE APPLICANT, THE SUBJECT PROPERTY FROM A VIEW FROM ACROSS THE STREET, UM, AN EXISTING TENANT ON THE STRIP CENTER, EXISTING PARKING ON THE PROPERTY. AND THIS IS THE LOCATION WHERE THE PROPOSED, UH, RESTAURANT WILL BE LOCATED AND THEN PARKING ON THE SIDE OF THE BUILDING. AND THEN THIS IS THE PARKING LOT ACROSS THE STREET REGARDING THE PARKING VARIANCE. STAFF REC STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT, ONE STAFF OBSERVED OTHER BUSINESSES IN THE STRIP CENTER. TWO, THE LOT DOES NOT ALLOW FOR ADDITIONAL PARKING SPACES. AND THREE, THIS WILL ALLOW, OR THIS WILL CAUSE OVERFLOW OF PARKING INTO SURROUNDING PROPERTIES. THERE WERE 18 NOTICES MAILED ZERO IN FAVOR, ZERO OPPOSED, ONE OPPOSED OUTSIDE 200 FEET. AND WE DID NOT RECEIVE RESPONSES FROM BOTH EDISON NEIGHBORHOOD ASSOCIATION AND MONTE VISTA TERRACE. AND THIS CONCLUDES STAFF'S PRESENTATION, AND WE DO HAVE THE APPLICANT PRESENT. THANK YOU. THANK YOU. THE APPLICANT. PLEASE COME FORWARD. UH, AND BEFORE, AND BEFORE YOU BEGIN, SIR, WE HAVE A TECHNICAL QUESTION. UH, COMMISSIONER TEAL TEAL, UM, RELATIVE TO THE SQUARE FOOTAGE OF THE BUILDING AND THE LOT THAT, UH, WE'RE LOOKING AT HERE, IS THERE ANY WAY POSSIBLE THAT THERE'D BE ENOUGH PARKING SPOTS TO MEET THE CITY'S REQUIREMENT? REGA, REGARDLESS OF USE, JUST RELATIVE TO THE ZONING? UH, SO THERE'S DIFFERENT USES THAT CAN BE DONE WITHIN THE ZONING. SO IF, IF THEY CHANGE THE ZONING, THEN UH, THE RESTAURANT WOULD BE THE MORE, UH, WOULD NEED THE MORE PARKING COMPARED TO LIKE, JUST REGULAR RETAIL OR SOMETHING LIKE THAT. RIGHT. MY, SO WHAT WOULD BE THE MINIMUM, LET'S SAY, WHAT'S THE, WHAT USE WOULD REQUIRE THE MINIMUM AMOUNT OF PARKING? AND CAN THIS SITE ACCOMMODATE THAT CURRENTLY? BECAUSE IF IT'S ZONED ONE WAY AND THERE'S NO PHYSICAL WAY THAT THERE COULD BE MORE THAN 28 PARKING SPACES, THEN THAT WOULD GREATLY AFFECT HOW I FEEL ON THIS. RIGHT? WELL, WE'D HAVE TO CHECK THE DIFFERENT, UH, UH, STANDARDS FOR THE DIFFERENT USES AND MEASURE OUT EXACTLY HOW MUCH SQUARE FOOTAGE INSIDE THE BUILDING THAT THEY'RE USING FOR THAT USE. UM, SO WE WOULD NEED AN EXACT USE AND EXACT, UH, SQUARE FOOTAGE INSIDE THE BUILDING TO CALCULATE THAT. [00:55:05] YEAH. WE'LL, WE'LL, WE'LL, UH, PLEASE CONTINUE, SIR. STATE YOUR NAME AND IN YOUR PRESENTATION WE HAVE, WE'RE GONNA HAVE MORE TECHNICAL QUESTIONS REGARDING THIS LATER. MR. CHAIR. MR. ZUNIGA STEPPED OUT FOR A SECOND. OKAY. UM, I GOT THE TIME. PLEASE NOTE FOR THE RECORD, UH, COMMISSIONER ZUNIGA, UH, HAS STEPPED OUT AT 1 58. OKAY. UH, MY NAME IS JAVIER YU. UH, ADDRESS IS 84 NORTHEAST LOU FOUR 10, UH, SAN ANTONIO, TEXAS 7 8 2 1 6. UH, WHAT YOU SEE HERE AS OUR EXHIBIT, THAT IS AN EXISTING SITE. SO THOSE ARE THE PARKING LOTS THAT WE CURRENTLY HAVE, AND THAT'S THE SIZE OF THE EXISTING BUILDING. UH, WE'RE GONNA SHOW SOME IMAGES HERE. PLEASE NOTE FOR THE RECORD, COMMISSIONER ZUNIGA RETURNED AT 1 59. SO WHAT YOU SEE IN THERE THAT, THAT USED TO BE THE, THE BUILDING THREE YEARS AGO. SO IT, IT WAS A PRETTY BI, UH, BAD SHAPE WAREHOUSE. AND THEN WE PULLED A PERMIT TO RENOVATE THAT AREA. UH, WE SHOWED THAT IT WAS GONNA BE NOW A RETAIL SPACE AND WE SHOW HOW MANY PARKING SPACES WE WERE ABLE TO TO GET INTO THAT PROPERTY. UM, IF YOU SEE THAT IS, THAT IS THE SIDE OF THE, OF THE PROPERTY, THAT IT WASN'T USED AS A PARKING. AND WHEN WE DID THE RENOVATION, WE INCLUDE THAT AREA TO BE A PARKING SPACE FOR THE, FOR THE CLIENT. SO THE OWNER OF THE PROPERTY IS ACTUALLY THE TENANT THAT IS THERE, THE, THE CURRENT RESTAURANT. SO HE WANTS TO EXPAND HIS, HIS RESTAURANT. UH, THAT IS, THAT IS THE PURPOSE OF, OF THIS, UH, PERMIT. UH, WE, WE INITIATE THIS PERMITTING PROCESSES ALMOST A YEAR AGO. SO HE HASN'T BEEN ABLE TO, TO DO ANYTHING FOR ALMOST A YEAR. OKAY. AND SO THAT'S, THAT'S STILL THE, THE, THE OLD, THE OLD ONE AND, WELL, YOU ALREADY SAW THE, THE, THE AERIAL OF THE SPACE. SO AFTER THAT, THIS IS, THIS IS WHAT WE DID FOR THE, FOR THE, FOR THE SPACE. AND WE'RE TRYING TO BRING MORE BUSINESSES TO, TO THE AREA. BUT DUE TO THE LACK OF PARKING, UH, HE HASN'T BEEN ABLE TO TO LEASE THOSE, THOSE SPACES. SO STAFF HAS ANYONE, SENATOR, TO SPEAK ANY VOICEMAILS? THIS IS NO PUBLIC COMMENT. OKAY. UH, SO WHAT WE'RE GONNA DO IS WE'RE GONNA OPEN THIS UP TO QUESTIONS. UM, I'M GONNA GO, I'M GONNA GO FIRST 'CAUSE I'M GOING TO, YOU KNOW, I, I KIND OF DO THIS FOR A LIVING. I'M, I'M, I'M GONNA ASK SOME TECHNICAL QUESTIONS HERE. UH, SO FIRST OF ALL, UH, WE HEARD TESTIMONY THAT THIS USED TO BE, UH, A LOT OF WAREHOUSE USE, WHICH, UH, ACCORDING TO THE ZONING CODE, COULDN'T, COULD REQUIRE LIKE ONE TO 800 OR EVEN UP TO ONE TO 5,000 DEPENDING ON THE TYPE, THE TYPE OF STORAGE. UM, THAT'S CORRECT. AND SO BY MOVING TO A, TO A RETAIL OR A OR OTHER USES THAT, THAT GETS YOU DOWN TO ONE, TO ONE TO 300 OR EVEN ONE TO 400 DEPENDING ON WHAT SORT OF USE. UH, SO THERE'S A SUBSTANTIAL INCREASE IN PARKING BY HIM GOING FROM, UH, UH, WAREHOUSE TO SOMETHING OTHER THAN A WAREHOUSE. SO THAT'S JUST PUTTING THAT OUT THERE. UH, THE SECOND QUESTION I HAVE IS ON THE SITE PLAN, WE HEAR TESTIMONY THAT THIS IS THE EXISTING PLAN. IT LOOKS LIKE THE PARKING ON THE ON PLAN NORTH, UH, AS SHOWN ON THE DISPLAY, THEY'RE, THEY'RE NOT DEEP ENOUGH TO BE LEGAL PARKING SPACES. IS THERE ANOTHER VARIANCE FOR PARKING SPACE SIZE? BECAUSE IF, IF, IF HE'S CLAIMING THAT THERE, IF, IF THE APPLICATION IS CLAIMING THAT THERE IS, UM, UH, 28 PARKING SPACES ARE THE ONES ON PLAN NORTH EVEN COUNTABLE TOWARDS THAT COUNT. 'CAUSE THEY LOOK SUBSTANTIALLY SHORTER THAN THE 18 FOOT REQUIREMENT. SO ONE OF THE OTHER THINGS I AM WONDERING ABOUT AND LOOKING AT THIS IS, UM, I'M SHOWING IN 1965, THE ORIGINAL SQUARE FOOTAGE OF THE BUILDING WAS 44 67, UM, WHICH IS WHAT WOULD BE ALLOWED IN A C ONE DISTRICT. AND THEN IN 1992, THERE WAS AN ADDITION DONE OF 9,800 FEET. WAS THERE A PERMIT PULLED FOR THAT ADDITION. UH, SO, UH, SIR, DO YOU RECALL IF THERE WAS A PERMIT IN THE NINETIES FOR THE BUILDING EDITION? I, I DON'T HAVE ANY INFORMATION ON THAT. OKAY. YEAH, IF YOU COULD PLEASE, UH, DO SOME RESEARCH IF YOU CAN. UM, I ALSO, UH, WANTED TO POINT OUT THAT, THAT, UM, THERE ARE SOME VARIANCES THAT, THAT ARE ADMINISTRATIVELY [01:00:01] ALLOWED. UM, SO IF I'M GONNA CALL OUT THE, UH, STAFF FROM, FROM TRAFFIC IS, IS, IN YOUR OPINION, ARE THOSE PARKING SPACES, UH, ARE, WOULD THOSE MEET, UH, AN ADMINISTRATIVE VARIANCE OR WOULD THEY HAVE TO COME TO US? UM, I BELIEVE THOSE, THAT SITE PLAN'S STILL IN, IN TECHNICAL REVIEW PER THIS VARIANCE RIGHT NOW. OKAY. THANK YOU. I'M SORRY, DID, COULD YOU REPEAT WHAT HE SAID? I'M SORRY. THE SITE PLAN THAT'S IN THE APPLICATION IS STILL UNDER REVIEW, UNDER THE IMPROVEMENT PERMIT THAT'S IN REVIEW PENDING THIS VARIANCE. YES. WHAT TYPICALLY HAPPENS IS STAFF MAY COME BACK AND SAY IT'S EITHER GOOD OR BAD. AND IF IT'S, IF IT'S NOT PASS, IF IT'S NOT POSSIBLE, YOU HAVE THE ABILITY TO APPLY FOR AN ADMINISTRATIVE VARIANCE. OR THEY MAY SAY YOU HAVE TO GO BACK TO THE BO OA. THAT THAT DECISION HASN'T BEEN RENDERED YET, THAT THAT SIP PLAN WAS APPROVED ON THE PREVIOUS PERMIT ON 2019. SO THAT'S AN EXISTING CYCLE PLAN. WELL, HOLD, HOLD ON A SECOND. UM, IS THERE, UM, BACK TO STAFF, HOW MANY, HOW MANY PERMITS ARE OPEN APPLICATIONS ARE OPEN FOR THIS? JUST, IS THERE ONE OR MORE THAN ONE? I, WHEN I PULLED UP THE ADDRESS, I'M LOOKING AT THE PARTICULAR SUITE THAT'S BEING REMODELED FOR THE RESTAURANT. OKAY. SO, UH, DO YOU HAVE ANOTHER APPLICATION NUMBER THAT YOU COULD PROVIDE TO STAFF TO LOOK UP? I BELIEVE THE PREVIOUS APPLICATION NUMBER WAS 2 5 2 1 9 1 9. SO THAT PREDATES BILL SA THEN? YEAH, THAT WAS PRE BILL SA. OKAY. AND THOSE, THOSE PARKING R UH, NINE BY 18, UH, AND THESE ARE SPACES ONE THROUGH 13 THAT'S SHOWN ON THE NORTH PLAN NORTH? CORRECT. OKAY. THOSE ARE NINE BY 18. IT'S JUST A STRETCHED MM-HMM. . OKAY. JUST TO MAKE SURE. IT'S, IT'S JUST, IT'S JUST THE, THIS THE IMAGE. OKAY. THANK, THANK YOU. UH, YES. SO I'M GOING TO YIELD BACK TO THE COMMISSION FOR QUESTIONS. WE'LL START WITH COMMISSIONER KAPLAN. THANK YOU. HOW MANY, UH, HOW MANY SEATS ARE GONNA BE IN THIS RESTAURANT? UH, BY THIS, UH, REVIEW? YOU COULD SAY HOW MANY TABLES, NOT SEATS. HOW MANY TABLE? LET ME SEE. I HAVE, I DON'T HAVE THE FLOOR PLAN, THE SIDE POINT, THE FLOOR PLAN. I'M SORRY, BUT, UH, LET ME, LEMME TRY TO PULL IT OUT. GIMME ONE SECOND. HE'S LOOKING THAT UP. CAN I ASK A QUESTION? YEAH. ARE YOU WORKING ON THE, THE NUMBER OF TABLES? YES. I'M, I'M LOOKING FOR IT. OKAY. UH, LET'S, IS THAT, UM, YOU HAVE, FROM WHAT I CAN SEE, 9,800 SQUARE FOOT EDITION AND 4,467, WHICH IN MY HUMBLE MATH IS 14,267 SQUARE FEET. SO I IMAGINE YOU'D HAVE AT LEAST TABLES. IT'S, IT'S VERY LARGE SPACE. THE, THE SPACE THAT WE'RE TALKING ABOUT IS THE SUITE 1 0 2 AND 1 0 3. THAT IS, UH, ABOUT 2000 SQUARE FEET. SO THE RESTAURANT IS ONLY 2000 SQUARE FEET. THE THE ONE WE'RE TRYING TO OPEN RIGHT NOW. YES. IT'S WHAT HAPPENED TO THE REST OF THE BUILDING? UH, THERE, THERE'S TWO TENANTS THAT ARE ALREADY THERE. SO ONE, IT'S A NAIL SALON AND THE OTHER ONE IT'S AN OFFICE SPACE. OKAY. SO WE ARE ONLY THEN DISCUSSING 2000 SQUARE FOOT RESTAURANT EXPANSION OF THE EXISTING RESTAURANT. YES. EXPANSION. HOW BIG? UH, RIGHT NOW IT IS, UH, 3000 SQUARE FEET RESTAURANT. THREE THOU. OKAY. AND SO THE QUESTION THEN BECOMES HOW MANY TABLES DO YOU HAVE BASE BASED ON THE, ON THE FLOOR PLAN THAT WE HAVE, WE HAVE AN OCCUPANCY ON THAT NEW SPACE FOR, I'M SHOWING, SIR, I'M SHOWING 26 BAR SEATS AND, AND, UH, YES, THAT CORRECT. EIGHT TABLES WITH EIGHT FOUR TOP TABLES THAT'LL GIVE YOU 32 UH, SEATS, 32 SEATS. BASICALLY YOU HAVE 28 PARKING SPACES AND MAYBE 32 TABLES. CORRECT. UM, HAVE YOU DONE ANY PLANS TO, UM, MAKE ALTERNATE ARRANGEMENTS FOR PARKING AT NEARBY LOTS? YES. ACTUALLY, THE, THE OWNER TRIED TO HAD A, A PARKING AGREEMENT WITH ACROSS THE STREET. 'CAUSE THERE'S A CHASE BANK [01:05:01] THAT HAS A HUGE, UH, PARKING SPACE, BUT NOTHING, NOTHING CAME OUT. YEAH. AND ON THAT STAFF, UH, COOPERATIVE PARKING AGREEMENTS THAT YOU CAN ONLY COUNT WHAT, 40% OR SOMETHING, 30% TOWARDS YOUR REQUIREMENT IS THAT I HAVE NOT SEEN ANYTHING IN THAT LIKE THAT IN THE CODE. IT'S JUST, IT'S AN ALLOWABLE TO MEET THE MINIMUM. AND BASED OFF OF THE PARKING CODE, WE'RE ALSO DOING THE MIX USE TO GET 'EM A REDUCTION. SO, YOU KNOW, STRAIGHT USES COULD HAVE BEEN 75 SPOTS NEEDED, BUT WE'RE DOWN TO 64 FOR THE ENTIRE SITE. OKAY. THANK YOU. UH, HERE WE GO. THE ONLY LIMIT TO COOPERATIVE PARKINGS IS WITHIN 600 FEET. OKAY. COMMISSIONER KAPLAN, ARE YOU OKAY? ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER CRUZ. EXCUSE ME. UM, ACCORDING TO THIS, UM, THE RESTAURANT IS OPEN LATE IN THE EVENINGS ALSO. IS THAT CORRECT? OR IS IT JUST DAYTIME? UH, THE EXISTING RESTAURANT IS, IS ONLY OPEN DAYTIME. SO THE OWNER IS WILLING TO OPEN THE OTHER PART OF THE RESTAURANT AFTER THEY CLOSE THE, THE CURRENT ONE. OKAY. SO THEN IT'LL BE TWO DIFFERENT RESTAURANTS NOT THE SAME. IS THAT CORRECT? UH, IT, IT WILL BE TWO DIFFERENT DINING AREAS. OKAY. SO, SO HE'S GONNA CLOSE HIS, HIS EXISTING DINING AREA AND THEN OPEN THE, THE NEXT DOOR, THE EXTENSION. THE EXTENSION WILL BE OPEN IN THE EVENINGS THAT, IN THE EVENING YOU'RE TRYING TO SAY. ALL RIGHT. THANK YOU. ANY OTHER QUESTIONS? IS THERE ANYTHING YOU'D LIKE TO ADD BEFORE WE MOVE TO, UH, A MOTION AND DELIBERATION? UM, NO. LIKE I SAID, THE, THE OWNER IS, IS WILLING TO, TO OPERATE THE TWO SIDES OF THE RESTAURANT ON DIFFERENT HOURS. SO THEY, THEY, THEY WON'T BE SO MUCH NATIVE OF PARKING SPACE 'CAUSE HE REALLY WANTS TO HAVE THIS MOVING ON. OKAY. AND THEN, UH, I JUST THOUGHT OF ONE LAST THING WITH THE OTHER TENANTS THAT ARE AT THE SPACE. DO YOU HAVE A, UH, IS THERE ANYTHING IN YOUR LEASE AGREEMENTS THAT GUARANTEES THEM CERTAIN PARKING SPACES FOR THEIR BUSINESS? NOT, NOT, NOT THAT I HAVE THAT INFORMATION. I DON'T, I DON'T BELIEVE THEY HAVE ANY, ANY AGREEMENT WITH THAT. OKAY. THANK YOU. AND LIKE I SAID, HE'S TRYING TO, HE'S WILLING TO OPEN AFTER, AFTER THEIR BUSINESS HOURS SO IT DOESN'T COLLIDE WITH THEIR PARKING AREA. OKAY. THANK YOU. UH, MY QUESTION, COMMISSIONER ZUNA STAFF, IF, WERE YOU ABLE TO FIND OUT IF THEY HAD A BUILDING PERMIT FOR THE, UH, ADDITION BACK IN THE RIGHT? SO WHAT IT LOOKS LIKE HAPPENED WAS, UM, IT'S EXISTING NON-CONFORMING NOW AS A C ONE. UM, IT ORIGINALLY WAS ZONED C THREE AND THEN IT GOT REZONED. UM, SO THERE WAS A CATERING, SOME CATERING DONE AT ONE POINT A SMALL CHURCH, A WAREHOUSE USE PROBABLY BACK WHEN IT WAS C THREE. AND SO WHEN IT WAS C THREE, THEY, UH, CONSTRUCTED THE LARGER STRUCTURE, BUT NOW THEY'RE CHANGING THE USE OF, OF PART OF IT TO THE RESTAURANT, WHICH IS WHY THEY NEED MORE PARKING SPACE. YEAH. ALL RIGHT. THANK YOU. SO WITH THAT, IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION DEAL. COMMISSIONER TE, REGARDING CASE NUMBER BO A DASH 22 DASH THREE THREE. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED A REQUEST FOR 36 PARKING SPACE VARIANCE FROM THE MINIMUM 64 PARKING SPACE REQUIREMENT TO ALLOW MULTI-TENANT COMMERCIAL PROPERTY TO PROVIDE 28 PARKING SPACES SITUATED AT 3 9 1 5 SAN PEDRO APP APPLICANT BEING CORRA ENTERPRISES. BECAUSE THE TESTIMONY PRESENTED US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE VARIANCE REQUEST IS TO ALLOW 28 PARKING SPACES AT A MULTI-TENANT COMMERCIAL PROPERTY. THE SIZE AND CONFIGURATION OF THE LOT WILL NOT ACCOMMODATE ADDITIONAL PARKING SPACES TOO DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP BECAUSE IT WOULD RESULT IN ADDING ADDITIONAL PARKING SPACES TO THE PROPERTY. THE UNNECESSARY HARDSHIP IS DUE TO THE SIZE OF THE PROPERTY IN LIMITED SPACE. THREE, BY GRANTING THE VARIANCE OF SPIRITS OF, OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE REQUESTED VARIANCE FOR THE MINIMUM PARKING SPACES MAY NOT NEGATIVELY AFFECT THE SURROUNDING AREA DUE TO THE CONFIGURATION OF THE PROPERTY. THIS WILL OBSERVE THE SPIRIT OF THE ORDINANCE. FOUR. THE VARI 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 AS THE PROPERTY IS ZONED C ONE AND THE USE OF THE PROPERTY IS LIKE [01:10:01] COMMERCIAL FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. BECAUSE THE LOT IS NOT LIKELY TO NEGATIVELY AFFECT THE ADJACENT NEIGHBORING PROPERTIES DUE TO THE MINIMUM PARKING SPACES, VARIANCE REQUESTS WILL NOT INJURE THE AREA OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY 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. IT APPEARS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW. IT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SIZE OF THE LOT. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. IS THERE A SECOND? SECOND? COMMISSIONER KAPLAN IS THE SECOND COMMISSIONER TEAL. UH, I'LL BE IN SUPPORT OF THIS. AS YOU CAN SEE, UH, THEY HAVE UPGRADED THE BUILDING SIGNIFICANTLY. I KNOW THIS AREA VERY WELL, OWNED BY IT DAILY. UH, AND THERE'S A FINITE AMOUNT OF PARKING SPACES THERE. UH, HOWEVER, THERE'S NOT A FINITE AMOUNT OF PARKING WITHIN WALKING DISTANCE. UM, I'M ALWAYS IN FAVOR OF REDUCING PARKING MINIMUMS, UH, INCREASING WALKABILITY, AND I WILL BE IN SUPPORT OF THIS. COMMISSIONER KAPLAN? UH, I JUST WANNA SAY ONE THING IS I DO NOT THINK EITHER ONE OF THE PRESENTATIONS WAS VERY GOOD BECAUSE THERE WAS A LOT OF INFORMATION MISSING ABOUT THAT WE HAD THAT I FELT WE HAD TO DIG OUT. I WILL BE IN SUPPORT OF THIS, NEVERTHELESS, ALTHOUGH I DO HAVE A RESERVATION ABOUT FUTURE PARKING, NOT SO MUCH THE CURRENT PARKING SITUATION, BECAUSE AS THE NEIGHBORHOOD DEVELOPS, OF COURSE THERE'LL BE MANY OTHER BUSINESSES THAT WILL ALSO BE COMPETING FOR ALL OF THESE AVAILABLE PARKING SPACES ON THE STREET AND IN OTHER NEIGHBORING LOTS. BUT AS OF THE MOMENT, I THINK IT'S A GOOD IDEA TO, UM, TO IMPROVE THE NEIGHBORHOOD. SO I'LL BE IN FAVOR. ALL RIGHT. ANY OTHER COMMISSIONERS LIKE TO ADD? NO. COMMISSIONER ALBERT? YES, I'LL BE IN SUPPORT OF THIS. UM, I ACTUALLY FIND THAT IRONIC THAT JUST OUR, OUR LAST CASE BEFORE THIS CASE WAS TRYING TO FIND A WAY TO GET RID OF CONCRETE, AND NOW IN ORDER TO SATISFY GUIDELINES, WE NEED TO TRY TO FIND A WAY TO MAKE MORE CONCRETE. UH, SO FOR THAT REASON, I'LL ACTUALLY BE IN SUPPORT OF THIS BECAUSE WE WON'T HAVE TO INCREASE, UH, THE HEAT LOAD AND THE GLOBAL WARMING AND, UH, IT'LL BE A WIN-WIN FOR EVERYONE. OKAY. ANYONE ELSE? OH, ZUNA. COMMISSIONER ZUNA. SO THE APPLICANT PROVIDED TESTIMONY THAT THERE'S GONNA BE, UM, CONDITIONAL USE OF THE SPACE AFTER THE OTHER SPACES. WAS THAT PART OF HIS APPLICATION PROCESS OR CAN HE ADD THAT, THAT MY CONCERN IS THAT, YOU KNOW, IF IF YOU HAVE ALTERNATING USES OF THE SPACE, IT MAKES SENSE, BUT IF YOU DOUBLE LOADING, RIGHT. SO STAFF, UH, AND ESPECIALLY FOR OUR, OUR, UH, UH, ATTORNEY PRESENT IS, IS CAN, IS THE APPLICANT ALLOWED TO AMEND THE APPLICATION TO SELF-IMPOSE THIS A CONDITION OF WHERE ONE RESTAURANT IS OPEN WHILE THE OTHER IS CLOSED? THE APPLICANT CAN AMEND THE APPLICATION. UM, AS FAR AS THE, THE, THE PENDING, YOU KNOW, OPENING WHATEVER, I'M NOT, NOT QUITE SURE ABOUT HOW THAT WOULD WORK, BUT THEY, THEY CAN, YOU KNOW, AMEND THE APPLICATION, UM, TO CLARIFY, YOU KNOW, THEIR INTENT. I'M JUST NOT SURE ABOUT HOW THAT, THAT TRANSITION WOULD WORK. YEAH, MY ONLY CONCERN, CHAKA, THE PARKING BECOMES A PROBLEM. AT LEAST WE HAVE SOMETHING IN THE FILE THAT THE APPLICANT AND, UH, YOU KNOW, OFFER THAT UP TO MITIGATE THAT PARKING ISSUE. WE WOULDN'T BE ABLE TO RE REQUIRE IT IF THE INTENSITY OF THE USES INCREASES. AGAIN, OF COURSE, IT'LL BE EVALUATED ONCE HE SUBMITS FOR A PERMIT. SO IF MORE PARKING VARIATION IS NEEDED AT THAT TIME, HE WILL HAVE TO APPLY AGAIN. MACHACA. OKAY. SO, UM, I'M GONNA, I'M GONNA, UH, CLOSE THE, THE, UH, UM, THIS SESSION, GO BACK TO A PUBLIC HEARING, UH, SO WE CAN HEAR FROM THE APPLICANT. UH, SO WHAT, SO JUST SO YOU KNOW, WHAT'S HAPPENING HERE IS, UH, YOU KNOW, WE, WE CAN TAKE A LOT OF THINGS INTO CONSIDERATION WHEN WE RENDER A DECISION OR, OR MAKE A MOTION, BUT WE CAN'T PUT, WE CAN'T PUT CONDITIONS ON ANYTHING. MM-HMM. , UH, IF YOU WOULD LIKE TO FORMALLY ADD THINGS TO THE FILE STATEMENTS INTENT, UH, THIS, I'M GONNA GIVE YOU AN OPPORTUNITY TO DO SO, AND THEN WE'LL GO BACK TO A DELIBERATION. SO IF YOU COULD, IF YOU WOULD PLEASE, UH, MIN CHAKA, SIR, I'D LIKE TO ASK A QUESTION. OH, SURE. UH, WELL BEFORE YOU THAT PLEASE, COMMISSIONER MIN CHAKA, I'M JUST CONCERNED HERE, THAT'S A FINE LINE THAT THE ATTORNEY CAN'T ANSWER THAT WE'RE TRYING TO REGULATE A BUSINESS AS STATED IN HIS STATEMENT, IN HIS PRESENTATION. SO, UH, DO WE NEED A MORE CLARIFICATION THAT IF YOU DO THIS, THIS HAPPENS? AND IF YOU DON'T DO THAT, THAT DOESN'T HAPPEN IN TERMS OF PARKING SPACES? [01:15:02] WELL, THE, THE APPLICANT CAN, CAN AMEND THE APPLICATION, UM, AS FAR AS, UM, LIKE WAS STATED, IF SOMETHING CHANGES, THAT WOULD BE A SEPARATE REVIEW DOWN DOWN THE ROAD. BUT FOR TODAY'S PURPOSES, UM, YOU KNOW, THAT'S, THAT CAN HAPPEN. THANK YOU. OKAY. SO WITH THAT, UH, FEEL FREE TO MAKE ANY AMENDMENTS THAT YOU SO DESIRE, UH, LIKE I STATED BEFORE, UH, I WILL GET WITH THE CLIENT SO WE CAN, UH, GET THE AMENDMENT OF, UH, STATING THAT THIS SIDE OF THE NEW DINING AREA WILL BE OPEN AFTER FIVE O'CLOCK, AFTER THE OTHER DINING AREA IS CLOSED. OKAY. WE, I JUST WANNA MAKE SURE IT'S AS FORMAL AS POSSIBLE. SO, AND AS AN EXAMPLE, YOU COULD SAY I HEREBY, UH, STATE FOR THE RECORD THAT OKAY. I, I STATE FOR THE RECORD THAT WE, WE WILL PUT BUSINESS HOURS FOR NEW, THIS NEW DINING AREA TO, WE OPERATE AFTER BUSINESS HOURS FROM THE, FROM FIVE O'CLOCK AND LATER. ALRIGHT, THANK YOU VERY MUCH. UM, CLOSING THE PUBLIC HEARING. WE'RE GOING BACK TO DELIBERATION. COMMISSIONER QUESTIONS? ALL RIGHT. HEARING NONE, WE HAVE A MOTION ON THE TABLE. UH, AND IF THERE'S SOMETHING ELSE, PLEASE STATE OH, THIS. OH, YEAH, WE DON'T HAVE, YEAH, WE NEED A SECOND FOR THE MOTION. SECOND ZU. OH, KAPLAN, SECONDED. SO WE HAVE A MOTION, UH, BY COMMISSIONER THIEL, SECOND BY COMMISSIONER KAPLAN. UH, PLEASE TAKE A ROLL CALL. VOTE. MR. THIEL. YES, I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNIGA CONCUR. A FINDINGS OF FACT, MR. ALBERT I CONCUR. MR. MANCHACA I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ I CONCUR. MR. MANO I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. UM, IF YOU HAVE ANY QUESTIONS, PLEASE GET WITH STAFF. ALL RIGHT, IF, UNLESS ANYONE NEEDS A BREAK, WE'RE GONNA MOVE ON TO ITEM NUMBER SIX. GOOD AFTERNOON. ITEM NUMBER SIX IS FOR CASE BO A DASH 22 DASH 1 0 3 0 0 1 0 4. LOCATED AT 7 8 6 GILLETTE BOULEVARD WITHIN COUNCIL DISTRICT FOUR. THE APPLICANT BEING BEAR ENGINEERS AND ASSOCIATES IS A REQUEST FOR VARIANCE FROM THE FRONTAGE REQUIREMENT TO ALLOW THE FRONTAGE OF SINGLE FAMILY RESIDENTIAL LOTS ON A COLLECTOR STREET. THE PROPERTY'S OWNED ARE FOUR RESIDENTIAL SINGLE FAMILY DISTRICT. THE SUBJECT PROPERTY IS LOCATED ON THE CORNER OF GILLE GILLETTE BOULEVARD AND ROCKWELL BOULEVARD. RECENTLY, THE PROPERTY UNDERWENT A CHANGE OF ZONING TO THE CURRENT R FOUR SINGLE RESIDENTIAL SINGLE FAMILY DISTRICT, WITH THE INTENT TO SUBDIVIDE THE PROPERTY INTO FIVE PLATT LOTS TO DEVELOP A SINGLE FAMILY DWELLING ON EACH. WITH THE FRONTAGE ON ROCKWELL BOULEVARD, A REPL APPLICATION WAS SUBMITTED TO DEVELOPMENT SERVICES, AND IT WAS DURING THE REVIEW PROCESS THAT IT WAS DETERMINED THAT A VARIANCE FROM THE FRONTAGE REQUIREMENT WOULD BE REQUIRED DUE TO THE FRONTAGES BEING OVER 70 FEET, WHICH CLASSIFIES ROCKWELL BOULEVARD AS A COLLECTOR STREET. SECTION 35 DASH FIVE 15 OF THE U D C STATES THAT A FRONTAGE CANNOT BE LOCATED ON A COLLECTOR. ADDITIONALLY, THE PROPERTY IS LOCATED OFF GILLETTE BOULEVARD, WHICH CLASSIFIES AS A SECONDARY ARTERIAL, A PROHIBITING FRONTAGE OF SINGLE FAMILY RESIDENTIAL LOTS ON THIS STREET AS WELL. THIS IS THE SITE PLAN THAT WAS PROVIDED BY THE APPLICANT. THE SUBJECT PROPERTY IN ITS CURRENT STATE, THE LOCATION OF WHERE THE PROPOSED FRONTAGES AND DRIVE APPROACHES WILL BE LOCATED. THIS IS A PICTURE TAKEN FROM A CORNER OF BOTH STREETS, GILLETTE AND ROCKWELL. THIS IS THE EXISTING FRONTAGE AND DRIVE APPROACH FOR THE PROPERTY ON GILLETTE. AND THIS IS A SURROUNDING AREA REGARDING THE LOT FRONTAGE VARIANCE. UM, STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT. ONE OTHER LOTS WERE FOUND TO HAVE ACCESS ON ROCKWELL BOULEVARD IN THE MEDIA AREA. TWO, THERE ARE, THERE APPEARS TO BE UNIQUE CIRCUMSTANCES ON THE PROPERTY THAT PROHIBITS LOT FRONTAGE OFF ROCKWELL BOULEVARD, ANGELA BOULEVARD, THEREFORE INACCESSIBLE. AND THREE, THE VARIANCE REQUEST DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. WE MAILED OUT 17 NOTICES. WE RECEIVE ZERO IN FAVOR, ONE IN OPPOSITION, AND THERE'S NO NEIGHBORHOOD ASSOCIATION REGISTERED FOR THIS AREA. AND THIS CONCLUDES STAFF'S PRESENTATION. WE DO HAVE THE APPLICANT PRESENT TO ANSWER ANY QUESTIONS. THANK YOU. OKAY, THANK YOU APPLICANT. PLEASE COME FORWARD. UH, HELLO. UH, DANIEL OLA WITH BEAR ENGINEERS. UH, DO I NEED A MORE INFORMATION OR, I'M SORRY. [01:20:01] I HARDLY COME OUT OF THE OFFICE. , THEY KEEP ME DOING ALL THE WORK. UH, YOU'RE, YOU'RE WELCOME TO STATE WHATEVER YOU THINK WE NEED. OKAY. SO, JUST, JUST A LITTLE HISTORY ON THIS ONE. UH, IN, UH, INITIALLY THE, THE OWNER WANTED TO DO, UH, DUPLEXES AND A COMMERCIAL ALPHA GILLETTE. UH, WE DID MEET WITH THE, ALL THE NEIGHBORS WITHIN THE 200 FEET. WE HAD A LARGE MEETING AT THE PARK, UH, I BELIEVE IT'S CALLED RE WELL, IT'S ON PAUL, UM, TAR AND GILET. THERE'S A PARK THERE. WE, WE MET WITH A LOT OF THE NEIGHBORS. UH, WE MET WITH THE CITY REPRESENTATIVE OF THE COUNCIL DISTRICT. UM, THE NEIGHBORS DIDN'T WANT THAT. THEY SAID THAT THEY DIDN'T WANT DUPLEXES IN THEIR, UM, IN THEIR AREA. WHEN WE, UM, WE SAID, WELL, WHAT ABOUT COMMERCIAL? THE OWNER WANTED TO DO SOME KIND OF WAREHOUSE STORAGE, YOU KNOW, FOR THE RESIDENTS. THEY KIND OF FROWNED ON THAT TOO. THEY SAID THEY REALLY DIDN'T WANT A WAREHOUSE OR A GAS STATION, UH, AT THE CORNER. SO, UH, WE WANTED TO MAKE SURE, AND THE OWNER WANTED TO MAKE SURE THAT THE NEIGHBORS WERE GONNA BE OKAY WITH IT. SO WE ENDED UP, UH, DOING WITH SINGLE, SINGLE FAMILY HOMES. UH, THIS IS, UH, THE ONLY THING THE OWNER CAN FIND, UH, WHERE HE CAN ACTUALLY MAKE, UH, SOME KIND OF PROFIT OFF THE, THE PROPERTY. UH, JUST WANTED TO MAKE SURE THAT WE DID MEET WITH ALL THE RESIDENTS. UH, SPOKE TO, WE DID A DOOR TO DOOR. UH, UH, WE SENT STAFF OUT THERE TO TALK TO THE NEIGHBORS, AND THIS IS WAS THEIR BEST, UH, RECOMMENDATION FROM THEM. SO, UH, OKAY. UH, BEFORE YOU GO, I'M GONNA ASK SOME TECHNICAL QUESTIONS. SURE. JUST TO GET THIS BALL ROLLING. UH, ARE, ARE YOU CURRENTLY, UH, AN ANTIQUATED LOT NOW, QU I DON'T BELIEVE SO. I THINK RIGHT NOW IT'S A, IT'S A SINGLE LOT AND IT'S NOT ANTIQUATED. SO YOU'RE, YOU'RE, THIS IS A REPL, NOT AN ORIGINAL PLA YES, IT'S REPL. OKAY. AND YOU ALWAYS ZONED R FOUR LAST FIVE YEARS? YES. NO, UH, IT WAS, UH, UH, ORIGINALLY C THREE. OKAY. D FOUR. AND THEN, UH, GILLETTE AND ROCKWELL ARE BOTH, UM, COLLECTOR OR HIGHER. GILLETTE'S A HUNDRED FOOT RIGHT AWAY. YES. UH, ROCKWELL IS THE COLLECTOR. AND THEN GILLETTE IS THE HIGHER, SO CITY CODE WOULDN'T ALLOW A DRIVEWAY ON EITHER STREET? UH, YES. . OKAY. ALL RIGHT. THANK YOU. UM, I'M GONNA OPEN THIS UP TO COMM UH, COMMISSIONER QUESTIONS. BUT FIRST I'M GONNA ASK IF THERE'S ANY, UH, PUBLIC COMMENT. THERE'S NO PUBLIC COMMENT. AND JUST A QUICK CORRECTION. IT WAS ZONED C TWO, NOT C THREE. OKAY. C TWO. THANK YOU. SO LET'S OPEN THIS UP TO COMMISSIONER QUESTIONS. ANY QUESTIONS? BRAGMAN, COMMISSIONER BRAGMAN FOR THE APPLICANT PLEASE? . SORRY. IT'S ALL RIGHT. SO ONE OF THE PICTURES THAT STAFF PRESENTED, UM, APPEARS TO BE, UM, ON THE CORNER OF GILLETTE AND ROCKWELL. THERE'S LOOKS LIKE TWO TRANSFORMERS. CAN WE PULL UP THAT PICTURE? THAT ONE, ARE THOSE STAYING THERE OR ARE THEY MOVING? WE'RE, WE'RE NOT SIGNED ON FOR DESIGN YET, BUT I, I WOULD ASSUME THAT IF IT INTERFERES SOMEHOW WITH THE PROPOSED DEVELOPMENT, THEY WOULD WHAT? THE COMMUNICATION WISE. OH, OKAY. YEAH, THEY WOULD BE EITHER RELOCATED, I GUESS. WE'RE NOT DOING THE DESIGN PLANS. UH, WE'RE NOT HIRED ON TO DO THAT YET. OKAY. OKAY. COMMISSIONER ZUNI? YES. UH, WHAT IS, UH, IN PLACE RIGHT NOW? THERE, THERE IS AN EXISTING, UH, RESIDENTIAL HOME. AND ACTUALLY, I BELIEVE THE OWNER HAS AN AGREEMENT WITH THE EXISTING TENANT TO LET HIM HAVE THE HOUSE FOR FREE AND AS LONG AS HE CAN RELOCATE IT. OKAY. AND, UH, IS IT AFFORDABLE HOUSING IN YOUR BUILDING? UH, YES. FOR THIS AREA, THEY'RE ALL GONNA BE SINGLE FAMILY HOMES. THANK YOU. ANY OTHER QUESTIONS? COMMISSIONER MANON? I, OH, UM, SO THE QUESTION FOR STAFF, UM, DO WE HAVE A, A, I GUESS THE TEXT FOR THE, UH, NEGATIVE OPPOSITION, UH, SO WE CAN SEE WHAT IT WAS THAT THEY WERE HAVING A CHALLENGE WITH? OKAY. SO WE HAD A MR. MANN, UM, LOCATED AT 1 8 5 ROCKWELL. HE WAS IN OPPOSITION, UM, BECAUSE ABOUT APARTMENTS. UM, HE DIDN'T WANT APARTMENTS TO BE GOING UP ON THIS PROPERTY, BUT I DID LET HIM KNOW THAT THIS IS REGARDING FRONTAGE. THANK YOU. YEAH, I JUST WANNA ADD, I THOUGHT THAT MIGHT BE IT. SO THANK YOU FOR CLARIFYING. COMMISSIONER KAPLAN. I I, I WAS JUST, UM, FOLLOWING UP ON COMMISSIONER DGA QUESTION. HE ASKED, IS IT AFFORDABLE? SO, AND YOU DIDN'T ANSWER THAT WELL. I, WELL, I'M NOT A REAL ESTATE AGENT, , BUT, BUT I BELIEVE THE OWNER, HIS INTENT IS TO BE AFFORDABLE HOUSING. WE, WE REALLY, FROM MY, FROM THE LITTLE BIT THAT I KNOW, YOU, YOU REALLY CAN'T GO ANY HIGHER ON THESE HOUSES 'CAUSE IT'S LIMITED TO WHAT IS SELLING IN THE AREA. SO IT, FOR EXAMPLE, THE HOUSES AREA, THEY'RE VALUED AT 80,000 [01:25:01] TO A HUNDRED THOUSAND. THEN YOU WOULDN'T REALLY BE FEASIBLE TO GO ABOVE THAT AMOUNT. THEY WOULDN'T SELL, REALLY BUILD A HOUSE FOR 150 OR 160,000. NO, NO. I'M, I'M SAYING, I'M JUST GIVING YOU AN EXAMPLE THAT WHATEVER THE AREA IT DEMANDS, UH, YOU CAN'T GO OVER THAT AMOUNT. UH, IT'S, FOR EXAMPLE, IF I'M LOOKING FOR A HOUSE IN THE NEIGHBORHOOD, THERE'S USUALLY A MARKET VALUE FOR THAT AREA. SO IF I WERE TO GO IN THERE AND BUILD A HOUSE THAT'S OVER THE MARKET VALUE, IT'S NOT GONNA SELL. IT DOESN'T MATTER. SO IT, YEAH, THE APPLICANT DOESN'T KNOW IF IT'S, I THINK AFFORDABLE HOUSING HAD TO BE OH, A 20% REDUCTION IN WHAT THE YEAH. AFFORDABLE TO SOMEBODY IS 110% OF MEDIAN INCOME. SO IT HAS TO BE AFFORDABLE TO SOMEBODY WHO'S MAKING DON'T A FAMILY. WE ABOUT $90,000 A YEAR. WHICH IS WHAT, 200 AND SOMETHING? TWO 200? YES. 20,000. I WOULD, SO THERE'S NO, YOU, YOU DON'T KNOW FOR SURE. THERE'S NO DESIGN PLANS FOR THE HOUSE HOUSES RIGHT NOW. THERE'S NO, YEAH. SO WE, WE, WE NEED TO JUST STOP THIS LINE OF QUESTIONING BECAUSE YOU DON'T, YOU DON'T, YEAH, IT'S NOT, YEAH. ALL RIGHT. WHAT, WHAT, UH, HOLD ON, COMMISSIONER, HOLD ON A SECOND. A M I OR WHATEVER PROGRAMS THEY'RE GOING GO THROUGH WITH THAT. SO THEN THAT WOULD BE THE AFFORDABLE, NOT WHAT THERE'S, WHAT, HOW HIGH YOU COULD DO. THANK YOU. AND WHAT THE, AND WHAT WE'RE HEARING FROM THE APPLICANT IS THAT HE DOESN'T HAVE ANY, UH, FORMAL KNOWLEDGE OF, OF PRICE POINTS AND MARKET VALUES. AND SO IT'S, IT JUST SEEMS LIKE A, A DEAD END AVENUE OF QUESTIONING, UM, AS, AS FAR AS THAT GOES. ANY OTHER COMMISSIONER QUESTIONS? NO. OKAY. SO I'VE GOT, UH, SOME MORE QUESTIONS. UH, SO WHAT I'M LOOKING AT HERE, AND I'M, I'M JUST LOOKING FOR VERIFICATION OF WHAT I'M OBSERVING FROM YOUR APPLICATION IS THAT, UH, YOU, YOU, YOU'RE WANTING TO PUT IN A SINGLE FAMILY HOME. YOU'RE SURROUNDED BY R FOUR, YOU WORK COMMERCIALLY ZONED, BUT YOUR ZONING NOW MATCHES A SURROUNDING AREA. RIGHT. OKAY. AND THEN, UM, YOU ARE ASKING FOR AN, A DRIVEWAY STREETS, THE 70, 80 FOOT RIGHT AWAY, AS OPPOSED TO THE A HUNDRED FOOT RIGHT OF AWAY. THAT'S CORRECT. AND, UH, ARE, YOU'VE ALREADY SUBMITTED A PLATT ON THIS? YES. IT'S, UH, IS, IS STAFF ASKED FOR YOU TO, TO MOVE THE DRIVEWAY FURTHER AWAY FROM THE GILLETTE CORNER? ARE YOU GOING TO THEY HAVEN'T YET, BUT I BELIEVE THAT'S, UH, I BELIEVE RIGHT NOW WITH THE PLATTING, THEY'RE JUST GONNA SAY THAT WE'RE ALLOWED TO COME OFF OF IT. AND I BELIEVE WHEN THE PERMIT FOR THE HOUSES COME IN, THAT'S WHEN THE CITY WILL SAY, I'M JUST WONDERING WHY THEY DIDN'T WANT THAT MIRRORED. 'CAUSE THEY, YOU'RE NOT, YOU DON'T MEET THE 125 FEET MM, UH, DISTANCE OR THE 90%. SO I'M RIGHT. OKAY. I JUST WANTED TO MAKE SURE THE SITE PLAN WAS GONNA BE PART OF THAT, UH, DECISION. UM, AND, AND SO FOR STAFF, DOES THAT SIDE PLAN, WE MAKE A DECISION ON THIS, DOES THAT HAVE ANY BEARING OR WEIGHT ON THE, ON A PROVI ON A PERMIT THAT GETS, UH, MAY OR MAY NOT BE APPROVED BECAUSE, UH, YOU KNOW, THE SITE PLAN THAT THAT'S PART OF THE PACKAGE IS SHOWING THE DRIVEWAY IS REALLY CLOSE TO THE CORNER WHERE TYPICALLY STAFF WOULD WANT THEM FURTHER AWAY. NO, SIR. THIS ONE'S JUST FOR FRONTAGE. ALRIGHT, THANK YOU. SO IF THERE'S NOTHING ELSE, WELL, MR. CHAIRMAN YES, THAT'S WHAT I WAS SAYING ABOUT A ONE A A I PLUS, UH, IT'S STILL, UH, ZONE C TWO. UH, IT ZONES R FOUR. NO, SIR. IT'S R FOUR. R FOUR. NOW THEY PLOTTED. OKAY. THANK YOU. YOU'RE WELCOME. UM, LOOKING FOR A MOTION, COMMISSIONER BRAGMAN, REGARDING CASE NUMBER BO O A DASH 22 DASH 103 0 4. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A VARIANCE FROM THE FRONTAGE REQUIREMENT TO ALLOW THE FRONTAGE OF A SINGLE FAMILY RESIDENTIAL LOTS ON A COLLECTOR STREET SITUATED AT 7 8 6 GILLETTE, APPLICANT BEING BEAR ENGINEERS AND ASSOCIATES. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE IT WILL ALLOW THE DEVELOPMENT OF THE RESIDENTIAL LOTS ON ROCKWELL BOULEVARD, WHICH IS NOT A HIGH TRAFFIC STREET WHEN COMPARED TO THE ALTER, UH, ALTERNATIVE OF GILLETTE BOULEVARD. GILLETTE BOULEVARD. TWO, DUE TO SPECIAL CONDITIONS OF LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. IT WOULD RESULT IN NOT ALLOWING FRONTAGE ON A ROCKWELL OR GILLETTE LEADING TO POSSIBLY NO ACCESS INTO THE PROPERTY. THE PROPERTY COULD NOT BE REPLANTED LEADING TO AN UNNECESSARY HARDSHIP. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE REQUESTED VARIANCE WILL ALLOW FRONTAGE ON THE STREET THAT WILL PROVIDE SAFER ACCESS ONTO THE PROPERTY THAN THE EXISTING ACCESS. FOUR. 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 AS THE PROPERTY IS IN R FOUR. AND THE USE OF THE PROPERTY IS A SINGLE FAMILY DWELLING. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY'S LOCATED BECAUSE THERE ARE OTHER RESIDUAL LOTS FRONTING OFF ROCKWELL BOULEVARD. THEREFORE, THE REQUEST [01:30:01] DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. 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 THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN WHICH THE DISTRICT, IN THE DISTRICT IN WHICH THE PROPERTY'S LOCATED. IT APPEARS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES. WITHOUT THE VARIANCE APPROVAL, THE LOT WOULD BE POTENTIALLY NOT BE REDEVELOPED AND OF MOTION. IS THERE A SECOND? OH, ZINA, UH, COMMISSIONER ZUNA HAS A SECOND. COMMISSIONER BRAGMAN? YES. I'LL BE IN SUPPORT OF THIS MOTION, UM, AS STATED IN THE, UM, UH, FACTS. UM, THIS USE THIS LOT WOULD BE PRETTY USELESS WITHOUT THE VARIANCE. AND, UH, AS WE ALL KNOW, IS A HOUSING CRISIS IN SAN ANTONIO. WE NEED TO THINK OUTSIDE THE BOX WHEN IT COMES TO, UH, DEVELOPABLE LAND. SO, UM, I THINK THIS IS A GOOD USE AND I'LL BE IN SUPPORT. ALL RIGHT. UH, COMMISSIONER ZUNA. YES, I SUPPORTED FOR THOSE REASONS, ALSO APPLAUD THE DEVELOPERS, UM, REACHING OUT TO THE COMMUNITY AND THERE WERE SOME ALTERNATE USES THAT WERE NOT NECESSARILY WITHIN THE COMMUNITY PLANS. AND I APPLAUD THEM FOR TRYING TO, UH, LISTEN TO THE COMMUNITY NEEDS. ALL RIGHT. ANY OTHER COMMISSIONERS LIKE TO ADD IN? UH, AND I'M JUST GONNA BE IN, I'M GONNA STATE THAT I'LL BE IN SUPPORT BECAUSE WITH THIS PARTICULAR CASE, ALL FRONTAGE THAT THIS LAND FRONTS ARE, ARE WOULDN'T ALLOW A SINGLE FAMILY HOME DRIVEWAY. SO THEY, THEY HAVE A REAL HARDSHIP, IN MY OPINION WITH THAT STAFF. PLEASE TAKE A ROLL CALL. VOTE MS. BRAGMAN. I CONCUR THE FINDINGS OF FACT. MR. OZUNA. I CONCUR. MR. ZUNIGA. MR. ALBERT? I CONCUR. MR. MENCHACA. I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ, I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN. I CONCUR. MR. TE? YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. I ALSO INCUR THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. DO YOU HAVE ANY QUESTIONS? GET WITH STAFF. ITEM SEVEN. ALL RIGHT. ITEM NUMBER SEVEN IS FOR CASE BO O A DASH 22 DASH 0 3 0 5. LOCATED AT 9 3 1 SAM'S DRIVE WITHIN COUNCIL DISTRICT THREE, THE APPLICANT BEING MARIO BLEDEL IS A REQUEST FOR VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW CARPORT WITH GUTTERS TO BE ONE FOOT FROM THE SIDE PROPERTY LINE. EXCUSE ME, IT'S A FOUR FOOT, UH, VARIANCE FROM THE MINIMUM FIVE FOOT. THE PROPERTY IS OWNED. R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT. THE SUBJECT PROPERTY PROPERTY IS LOCATED IN THE SOUTHERN PART OF SAN ANTONIO OFF SAM'S DRIVE AND HAS A SINGLE FAMILY RESIDENCE. AWARE OF THE SETBACK REQUIREMENTS, THE APPLICANT KNEW THAT THEY WOULD NOT BE ABLE TO MAINTAIN A FIVE FOOT SIDE SETBACK TO THE SIDE PROPERTY LINE AND APPLIED FOR A VARIANCE PRIOR TO COMMENCING CONSTRUCTION. THE PROPOSED CARPORT WILL MEASURE ABOUT 90 FEET IN LENGTH AND 11 FEET, FIVE INCHES IN WIDTH, AND WILL BE LOCATED ALONG THE SIDE OF THE EXISTING RESIDENCE. THE REQUEST IS TO ALLOW THE STRUCTURE TO BE ONE FOOT FROM THE SIDE PROPERTY LINE AND WILL MAINTAIN THE 10 FOOT FRONT SETBACK REQUIREMENT. SIMILAR CARPORTS WERE OBSERVED IN THE AREA. THIS IS THE SITE PLAN THAT WAS SUBMITTED BY THE APPLICANT SHOWING THE LOCATION OF THE PROPOSED CARPORT. THIS IS THE SUBJECT PROPERTY AND THE LOCATION WHERE THE PROPOSED CARPORT WILL GO. THOSE POSTS WILL NOT BE USED FOR THE CARPORT. THE CARPORT WILL EXTEND INTO THIS REAR SIDE YARD. AND THIS IS A CARPORT THAT WAS FOUND ACROSS THE STREET SIMILAR TO THE PROPOSED CARPORT, THE SURROUNDING AREA, AND THEN SURROUNDING AREA. REGARDING THE SIDE SETBACK VARIANCE, STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE STRUCTURE HAS NOT BEEN CONSTRUCTED. TWO, THE STRUCTURE CONFORMS TO THE FRONT SETBACK REQUIREMENT THREE. THERE IS A LIMITED AMOUNT OF SPACE AVAILABLE TO COMPLY WITH THE SIDE SETBACK AND DEVELOP A CARPORT. AND FOUR SIMILAR CARPORTS WERE OBSERVED IN THE SURROUNDING AREA. THEREFORE, THE STRUCTURE DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. THERE WERE 25 NOTICES THAT WERE MAILED. ZERO IN FAVOR, ZERO IN OPPOSITION. AND THERE WAS, THERE'S NO NEIGHBORHOOD ASSOCIATION REGISTERED FOR THIS AREA. THIS CONCLUDES STAFF'S PRESENTATION. WE DO HAVE THE APPLICANT PRESENT. THANK YOU. THANK YOU. UH, WILL THE APPLICANT PLEASE STEP FORWARD? GOOD AFTERNOON, BOARD MEMBERS. THANK YOU FOR HAVING ME. UM, AS THE CASE MANAGER MENTIONED, UM, WE ARE NOT ABLE TO BUILD A CARPORT, UH, SIMPLY BY JUST GETTING A PERMIT AND HAVING IT FIVE FEET FROM THE FENCE LINE. UH, SIR, [01:35:01] CAN YOU STATE YOUR NAME FOR THE RECORD? I'M SORRY. MARTY BLEO. UH, SO THEREFORE WE SUBMITTED THE VARIANCE APPLICATION, UH, TO BE ORIGINALLY, UH, I DID SUBMIT IT TO BE ON THE FENCE LINE THINKING THAT WAS, UH, POSSIBLE, BUT THE CASE MANAGER RECOMMENDED A FOOT FROM THE FENCE LINE, WHICH, UH, WOULD HAVE A GUTTER AS WELL, UH, TO HAVE THE WATER FLOW INTO OUR FRONT YARD. SO I KNOW MY NEIGHBORS ARE, ARE HERE. UM, THEY MAY MENTION, UH, WATER FLOWING INTO THEIR YARD. WELL, THAT, THAT WOULDN'T BE THE CASE BECAUSE ONE, UH, THE CARPORT WOULD END A FOOT FROM THE FENCE LINE AND WE WOULD ALSO HAVE GUTTERS ON THE CARPORT TO DIRECT THE WATER TO THE FRONT YARD. OUR FRONT YARD, WE DID MOVE INTO THE HOUSE FIVE YEARS AGO. IT WAS, IT ALREADY HAD PREEXISTING DRIVEWAY. AND THE PREEXISTING FENCE, WHICH YOU GUYS SEE ON THE PICTURE, UM, WHICH HAD THE, THE POST, WE ARE NOT USING THOSE POSTS. UH, WE WOULD HAVE A, WE WOULD HAVE A CONTRACTOR COME BUILD, UH, A BRAND NEW STANDALONE CARPORT. OKAY. UH, STEPHANIE PUBLIC COMMENT. I HAVE, UH, ROY GUERRERO. ALL RIGHT, SIR, WE'RE GONNA HEAR FROM, UH, A RESIDENT. SIR, IF YOU COULD STATE YOUR NAME AND TELL US WHAT YOU THINK. YEAH, ROY GUERRERO, AND I'M THE OWNER OF 9 25 F. AND THAT'S 9 2 7 SAM, SIR, I'M RIGHT NEXT DOOR TO HIM. OKAY. AND, UH, THIS PROBLEM, WE ALREADY WENT THROUGH IT ONCE BECAUSE THE PREVIOUS OWNERS FROM THAT HOUSE, THEY PUT THOSE POSTS RIGHT THERE. AND I WENT OUT OF TOWN. AND WHEN I CAME BACK, THEY HAD THE CARPORT ALL THE WAY DOWN. AND, UM, I TOLD 'EM, HEY MAN, YOU'RE GONNA THROW THE WATER TO MY SIDE. SORRY, THE WAY I TALK, YOU KNOW, YOU'RE GONNA PUT ALL THE WATER TO MY SIDE. HE SAID, DON'T WORRY, I'M GONNA PUT A GUTTER. AND THEN A MONTH WENT BY, TWO MONTHS WENT BY, AND THEN I FOUND HIM OUT THERE IN THE STREET BECAUSE I DIDN'T SEE HIM IN THAT HOUSE NO MORE. AND I TOLD HIM, HEY, HOW ABOUT THE GUTTER? WHEN YOU GONNA PUT YOUR GUTTER? THAT'S NOT MY PROBLEM. I, I SOLD THE HOUSE. THAT'S NOT MY PROBLEM. AND THEN THE ORIGINAL, THE OTHER OWNER THAT BOUGHT IT, THEY TOLD ME, NO, THE CARPORT ALREADY CAME WITH THE HOUSE. NOW THE WATER GOING TO YOUR HOUSE, THAT'S YOUR PROBLEM. I SAID, YES, BUT MY HOUSE GETTING DAMAGED BECAUSE OF YOUR WATER. AND AFTER, AFTER, AND YOU KNOW, I CAME DOWN HERE AND THEY MADE 'EM TURN DOWN AND EVERYTHING. OKAY. MY HOUSE STARTED LEANING SIDEWAYS AND I HAD TO GET SOMEBODY TO COME AND LIVE WITH IT. IT COST ME $12,000 TO DO IT, TO LIVE WITH IT, BECAUSE HE SAID, I CAN'T ONLY FIX THE POLES FROM THE SIDE, I GOTTA FIX THE WHOLE HOUSE BECAUSE THE OTHER POLES STARTED COMING THIS WAY. SO, I MEAN, OKAY, HE SAY HE COULD PUT A GUTTER, I UNDERSTAND, BUT HIS PROPERTY'S HIGHER AND MINE IS LOWER. HE THROWS THE WATER TO THE STREET, GONNA COME BACK INTO MY HOUSE. YOU UNDERSTAND WHAT I MEAN? BECAUSE THE STREETS ARE HIGHER IN THE, IN THE PROPERTIES. AND YOU KNOW, I MEAN, I UNDERSTAND HE WANTS A NICE CARPORT. I UNDERSTAND. BUT BUILD IT IN THE BACKYARD. DON'T BUILD IT IN THE, WHERE YOU GONNA BOTHER THE OTHER NEIGHBOR? I MEAN, IF HE GONNA DAMAGE MY PROPERTY BECAUSE HE WANTS TO HAVE A CARPORT RIGHT THERE. I DON'T THINK SO. I MEAN, I WOULDN'T THINK NOBODY OF US WOULD WANT SOMEBODY, A NEIGHBOR WOULD DAMAGE OUR PROPERTY JUST FOR THEM TO HAVE THE CARDBOARD, WHEREVER HE WANTS IT, BUILD IT IN THE BACK. I RESPECT THAT. YOU KNOW, AND I, YOU KNOW, I UNDERSTAND HE WANTS IT THEN, AND YOU KNOW, BUT I AM AGAINST IT BECAUSE THE REASON I ALREADY WENT THROUGH THAT AND IT COST ME $12,000. I TOLD THE PEOPLE, ARE YOU GONNA HELP ME FIX MY HOUSE? HE SAID, THAT'S NOT MY PROBLEM. THAT'S YOUR HOUSE. WHO DO I GO TO? AND WHEN THE ORDINANCE, IT'S FOUR FEET AWAY FROM THE FENCE LINE. I MEAN, I DON'T KNOW WHAT TO DO. NOW YOU TELL ME WHAT, WHAT I NEED TO DO. I MEAN, BECAUSE I, I CAN'T BE AFFORDING TO LEVEL MY HOUSE JUST BECAUSE SOMEBODY ELSE WANTS A, A CARPORT WHERE HE WANTS IT, YOU KNOW, $12,000, $12,000. AND THAT WAS 20 YEARS BACK. YOU KNOW, AND THAT'S WHY I'M TRYING TO TELL YOU, I MEAN, I UNDERSTAND HE'S MY NEIGHBOR AND EVERYTHING, AND I DON'T GOT NOTHING AGAINST HIM, BUT I CAN'T HAVE ME FIXING MY HOUSE ALL THE TIMES UP BECAUSE THEY WANT THAT. [01:40:01] AND I KNOW HE GONNA PUT A GUTTER, BUT EVEN THOUGH THAT HE PUT THE GUTTER, THE WATER GONNA GO OUT THE STREET, BUT GONNA COME BACK INTO MY, MY LAND BECAUSE MY LAND'S LOWER THAN HIS, AND WE DON'T GOT NO CURVE. WE DON'T GOT NO, UH, NOTHING THAT YOU'RE GONNA SAY THAT IT'S GONNA, YOU KNOW, UH, AND NOW WHERE IT AIN'T GONNA GO INSIDE THE PROPERTY, IT'S GONNA STAY OUTSIDE ON THE ROAD. IT AIN'T, WE DON'T GOT NO CURB. WE DON'T GOT NO, UH, DRAINAGE. SO IT'S GONNA GO STRAIGHT BACK INTO MY PROPERTY, INTO MY HOU UNDER MY HOUSE. AND THEN ON TOP OF THAT, OKAY, I HAD TO LAY THE HOUSE OUT. I HAD TO TEAR OUT THE TREE ROCK FROM THREE BEDROOMS ON THAT SIDE BECAUSE THEY GOT MILDEW. SO, I MEAN, THAT'S ALL I GOTTA SAY. I MEAN, I, I MEAN, I'M GETTING OLD. I, I CAN'T BE AFFORD TO BE FIXING MY HOUSE TOO MUCH. OKAY. THANK YOU. AND BEFORE YOU GO AHEAD, IS THERE ANY QUESTIONS FOR THE CITIZEN VANA? MR. MANA? SO, SO THE QUESTION I HAVE FOR YOU, SIR, IS, UM, SO, SO ONE OF THE THINGS, YOU KNOW, THE APPLICANT CAN MODIFY THEIR APPLICATION SO THAT IT, IT DOES INCLUDE A GUTTER. AND SO HE WOULD HAVE TO COMPLY WITH THAT. SO, SO IT CAN BE SET SO THAT, YOU KNOW, AS HE GOES THROUGH, THERE IS A GUTTER. IS THERE ANY PLACE WHERE THE GUTTER COULD, YOU KNOW, WHERE THE GUTTER COULD BE DRAINED, WHERE YOU THINK IT WOULD NEVER DAMAGE YOUR PROPERTY? NOT RIGHT NOW, SIR. BECAUSE ONE, OUR PROPERTY GOING DOWN LIKE THIS, THE STREET'S HIGHER THAN THIS AND HIS PROPERTY IS HIGHER. TWO IN MINES, HE DIDN'T DO IT, BUT THE OTHER OWNERS, THEY DONE IT. THEY PICKED IT UP AND THEY MADE THE DRIVEWAY COMING. SIR, YOU HAVE TO SPEAK INTO THE MICROPHONE. OH, SORRY. IT'S OKAY. HEY, THEY MADE THE DRIVEWAY COMING TOWARDS MY HOUSE. YOU UNDERSTAND WHAT I MEAN? AND WHATEVER THE, WHEN HE THROWS THE BAR ON THE STREET, HIS, HIS APPROACH IS GOING DOWN. AND SO MY LAND IS COMING DOWN TO MY HOUSE. OKAY? AND, UM, AND HIS DRIVEWAY ON THIS SIDE IS COMING DOWN TOO. SO EVERYTHING'S COMING DOWN TO MY HOUSE. SO, SO IF I'M HEARING CORRECTLY, SO, SO YOU ARE AT A LOWER ELEVATION THAN HE IS? YES. AND, UM, AND APPEARS THAT THE SLOPE OF THE PROPERTY IS HIGHER IN THE FRONT THAN IN THE BACK. YES. SO, SO IF HE WAS TO BOO THE WATER TO HIS BACKYARD, WOULD THAT RESOLVE SOME CHALLENGES? BUT, UH, HE, THEY RAISED IT, THEY RAISED HIS PROPERTY UP. SO THE WATER GOES TO THAT NEIGHBOR OR THIS NEIGHBOR, WHICH IS ONE OF I'M, AND ONE OF 'EM, I'M THE ONE TO THE SIDE OF THE DRIVEWAY. SO, SO JUST TO BE CLEAR, IS YOUR BACKYARD IS, WHERE DOES THE WATER ULTIMATELY GO? DOES IT GO TOWARDS YOUR BACKYARD? YEAH. SO IF, IF, SO IF, IF THE WATER WAS DIRECTED TO THE BACKYARD, THEN THAT WOULDN'T BE A HINDRANCE TO YOUR HOME. IT WOULD BE INTO MY HOME BECAUSE HIS PROPERTY IS HIGHER IN MINE. YOU UNDERSTAND WHAT I MEAN? I KNOW, AND I WORKED, IT, IT, WELL, HOLD ON. WE, YEAH, WE, COMMISSIONER, MAYOR, DO YOU HAVE ANY OTHER, YEAH, SO YEAH, SO I'M JUST TRYING TO, YOU KNOW, RESOLVE, I GUESS, YOU KNOW, UM, SO, SO WE, WE DO NOT LIKE FOR WATER TO BE PUT ONTO ANYBODY'S PROPERTY. YEAH. SO THAT'S, YOU KNOW, SO THAT'S A COMMON DIALOGUE THAT WE HAVE HERE. CERTAINLY. AND, AND SO WE CERTAINLY WOULD, WOULD DISCOURAGE IT. AND WE, WE, WE, WE DON'T CARE FOR THAT PARTICULAR PART OF THE DIALOGUE. UM, BUT, BUT WE, YOU KNOW, BUT WE DO, LIKE WHEN PEOPLE TALK ABOUT PUTTING GUTTERS UP, AND SO HE'S ALLOWED, YOU KNOW, TO PUT WATER, WE'LL SAY AT FOUR FOOT OR FIVE FOOT, YOU KNOW, WITH REGARDS TO IF HE HAD A REGULAR ROOF AND THEN, YOU KNOW, YOU KNOW, SO, SO IT IS PERMITTED, BUT WE CAN KIND OF TALK ABOUT, YOU KNOW, WHERE THE WATER'S GONNA DRAIN. AND SO IF WE DRAIN TO THE BACKYARD, YOU KNOW, WOULD THAT BE A BETTER OPTION? THAT'S REALLY WHAT I'M LOOKING FOR, IS TO FIND THAT OPTION AND TO BUILD ON THAT. YOU, YOU HAD JUST MENTIONED THAT HIS, CURRENTLY WHEN WATER RAINS ON THE DRIVEWAY, IT GOES INTO YOUR PROPERTY. YES, IT STILL DOES. AND SO YOU'RE ALWAYS GONNA HAVE THAT, THAT WATER'S GOING THERE RIGHT NOW. AND, AND THIS IS A RARE CIRCUMSTANCE FOR US WHERE SOMEBODY DOING SOMETHING THAT DOESN'T NECESSARILY MEET THE CODE OR, OR DOESN'T MEET THE CODE, IF HE WERE TO PUT IN GUTTERS AND DIRECT THE WATER TO THE, TO HIS BACKYARD, WOULD THAT BE BETTER THAN HAVING THE WATER LAND ON HIS DRIVEWAY NOW AND GO RIGHT TO YOUR HOME? THAT, THAT, THAT'S, 'CAUSE WHAT I'M HEARING IS, IS THAT IF, IF HE COULD, IF SOMETHING LIKE THAT COULD BE ACCOMPLISHED, IT MIGHT BE BETTER FOR YOU. AND THAT'S, THAT'S WHAT I'M TRYING TO FIND OUT. 'CAUSE RIGHT NOW THE, THE WATER'S HITTING THAT DRIVEWAY AND IT'S GOING RIGHT TO YOUR HOUSE. YES. BUT IT'S STILL NOW WHERE'S WHATEVER WATER GOES OUT. OKAY. IT SAVES 90 FOOT, RIGHT. THAT, THAT, UH, CARPORT. YOU, YOU TALKING ABOUT A, A LOT OF WATER COMING DOWN TO THAT DRAPE THROUGH THAT GUTTER. IT'S THE SAME AMOUNT OF WATER. SO IT LANDS ON A ROOF, IT LANDS ON A DRIVEWAY. YEAH. IT'S ALL WELL, YEAH, BUT YOU'RE TALKING ABOUT A LOT OF WATER COMING INTO THE GUTTER AND IT'S STILL GONNA BE RUNNING. YOU GOT A HIGHER LEVEL [01:45:01] LEVELIZATION ON THE GROUND. HE'S HIGHER THAN MINE AND THE, AND THE WATER, WHAT HE GONNA DO? HE'S GONNA RUN THROUGH THE LOWER PART. ALRIGHT, SO, SO I JUST, I JUST WANNA MAKE SURE WE'RE ALL CLEAR. YES SIR. IS THAT YOU'RE, YOU'RE TEST, YOU'RE, YOU'RE, UH, UM, YOU WOULD RATHER HAVE THE WATER LAND ON HIS DRIVEWAY AND GO TO YOUR HOUSE THAN LAND ON A ROOF AND BE TAKEN TO THE BACK BEHIND YOUR HOUSE. YOU, I'M JUST TRYING TO, WHAT WE GRAB? NO, WELL, WHAT I'M TRYING TO SAY, IF YOU PUT IT RIGHT THERE AND IT, IT IS GONNA START COMING TO MY SIDE MORE RIGHT NOW, IT RAINS AND, OKAY. THE, THE CONCRETE IS RIGHT HERE. MY HOUSE IS RIGHT THERE. OKAY. I STILL GOT FOUR FEET FROM, FROM THE FENCE LINE. I STILL GOT FOUR FEET FROM THE FENCE LINE. OKAY. HIS WATER DRAINS RIGHT THERE. AND THE OTHER TIME THE WATER WOULD DRAIN CLOSER TO MY HOUSE. OKAY. AND YOU KNOW, THAT, YOU KNOW, I DON'T GOT THE MONEY TO BE DEALT IT OUT. I, I UNDERSTAND. I, I JUST WANTED TO MAKE SURE. IS THERE ANY OTHER QUESTIONS FOR CHAKA? UH, IT APPEARS THAT HIS HOUSE HAS TWO VALLEYS AND THE VALLEYS COLLECT A LOT OF WATER AND IT'S GONNA MOVE IT OVER TO YOUR HOUSE. 'CAUSE THE CARPORT IS GONNA BE IN FRONT OF THE HOUSE, EVEN WITH THE FRONT OF HIS HOUSE RIGHT OUT GOING OUT. IS THAT CORRECT? YES. SO THOSE TWO VALLEYS THAT ARE THROWING A LOT OF WATER, REGARDLESS OF THE CARPORT INTO YOUR HOUSE, IF THAT WATER WAS REROUTED TO THE OTHER SIDE OF THE HOUSE, WOULD THAT HELP? WHAT DO YOU MEAN BY THE OTHER SIDE, SIR? WELL, THE SIDE THAT'S FACING YOUR HOUSE IS GETTING YOUR WATER FROM ITS ROOF, RIGHT? MM-HMM. . SO IF THE WATER WAS REROUTED AROUND TO THE OTHER SIDE OF THE HOUSE TO GO ON THE OTHER SIDE TOWARD THE BACKYARD, OKAY, NOW WHERE YOU'RE GONNA SINK THE OTHER NEIGHBOR, YOU, YOU NOW WHERE YOU GOT ANOTHER NEIGHBOR IN THAT SIDE AND IT'S GONNA AFFECT HIS HOUSE. BUT IS THE OTHER NEIGHBOR HIGHER THAN HIM OR LOWER? NO LOWER. HE, ME AND THE OTHER NEIGHBOR WE'RE LOWER THAN HIM. OKAY. ALRIGHT, THANK YOU. YES, SIR. THE QUESTIONS BEFORE WE, UH, HEARING NONE, IF YOU COULD TAKE A SEAT, SIR. THANK YOU VERY MUCH FOR YOUR STATEMENT, UH, THE APPLICANT. PLEASE COME BACK FORWARD. UM, IS THERE ANY OTHER FOLLOW-UP QUESTIONS FOR THE APPLICANT BEFORE WE, UM, COMMISSIONER BRAMAN CRUZ? UM, I JUST, HEY, COMMISSIONER, REAL QUICK. SORRY, DID, UH, ROSA, LINDA, DID YOU WANNA SPEAK? OKAY, I APOLOGIZE. WE HAD ANOTHER INDIVIDUAL SIGN UP TO SPEAK. THEY, THEY SIGNED UP TOGETHER. I JUST WANNA MAKE SURE SHE DIDN'T WANNA SPEAK. SHE, SHE INDICATED NO. OKAY. THANK YOU VERY MUCH. UH, ANY QUESTIONS? UH, WE'RE COMMISSIONER BRAGMAN. SO, UM, IF WE COULD BRING UP THE PICTURE OF THE, UM, YARD THERE. GO BACK THAT ONE. SO, UH, I'M NOT SURE IF IT'S AN OPTICAL ILLUSION, BUT IT APPEARS THAT YOUR DRIVEWAY SLOPES TOWARDS YOUR HOUSE. IS THAT CORRECT? I, I'LL BE HONEST, I, I HONESTLY DON'T KNOW. I'VE LIVED THERE FIVE YEARS AND I HAVEN'T PUT A LEVEL ON THERE TO FIGURE THAT OUT. OKAY. BUT WHAT I'M SAYING IS FROM THE PHOTOGRAPH, IT WOULD, IT WOULD APPEAR THAT, THAT WAY, I MEAN, YOU COULD SEE THERE'S LEAVES THAT ARE PUSHED AGAINST MY, MY HOUSE. RIGHT. SO, SO YOU COULD SEE WHERE WATER MAY BE TAKING IT TOWARDS MY HOUSE. OKAY. AND IT, DO YOU FEEL LIKE THAT RUNS FROM FRONT TO BACK THAT SAME WAY? FOR THE MOST PART, YES MA'AM. OKAY. SO ALREADY IT LOOKS LIKE THAT THE, THE WATER WOULD, ESPECIALLY IN THE BACK AND IN THE FRONT, IT WOULD MOVE AROUND TOWARDS YOUR PROPERTY AS OPPOSED TO AWAY FROM YOUR PROPERTY DUE TO THE SLOPE OF THE, OF THE DRIVEWAY. WOULD, IS THAT YET CORRECT OR NOT? YES MA'AM. OKAY, THANK YOU. SO ALSO, I, I JUST WANTED TO CLARIFY TOO, I HEARD, UH, BOARD MEMBER MANNA MENTION MODIFYING FOR A GUTTER. UM, BUT I, I BELIEVE THAT'S ALREADY IN THE PAPERWORK. OKAY. UH, WE'LL, WE'LL, WE'LL GET TO THAT. OKAY. UH, ANY OTHER QUESTIONS? COMMISSIONER CRUZ? THANK YOU. UH, SIR, THE, UM, WELL NOW I'M THE FENCING THAT'S THERE NOW, IS THAT BELONGS TO YOU OR IT WAS CONSTRUCTED BY THE PREVIOUS OWNER OR IS IT BELONGING TO THE NEIGHBOR? SO THE METAL POST AND THE FENCING WAS PREEXISTING, AS YOU CAN SEE, THE, THE FENCING IS PRETTY NEW. I, I JUST PUT THAT IN, UH, ABOUT SIX TO EIGHT MONTHS AGO. SO I JUST REUSED THE EXISTING POST, UH, BOUGHT THE WOOD AND REPLACED IT, REPLACED THE WOODEN PORTION OF IT. OKAY. BUT, UM, THAT'S, THAT'S WHAT I'M ASKING THOUGH. THE FENCING DOES BELONG ON YOUR PROPERTY THOUGH. YEAH, IT IS MINE. OKAY, THAT'S WHAT I WANTED TO MAKE SURE. THANK YOU. ALRIGHT, COMMISSIONER ALBERT, UH, FOR THE APPLICANT, I DIDN'T SEE ANY, UH, ELEVATION DRAWINGS OF THE PROPOSED CARPORT. IS IT GONNA JUST BE OPEN WITH SOME POSTS OR, UH, CLOSED WALLS OR ANYTHING LIKE THAT? IT WILL NOT HAVE ANY CLOSED WALLS. OKAY, THANK YOU. [01:50:01] ALL RIGHT. SO, UH, TO THE, TO THE GUTTERS, YOUR APPLICATION DID INCLUDE GUTTERS? YES. AND WHERE ARE THE GUTTERS AND WHERE DO THEY DRAIN TO? SO THE GUTTERS WILL BE ON THE NEIGHBOR'S SIDE. UM, AGAIN, THE, THE METAL POST, NEW METAL POST WILL BE INSTALLED A FOOT FROM THE FENCE LINE, AND THEN, UM, I'M SORRY, THE METAL POST WILL BE INSTALLED PROBABLY A FOOT AND FOUR INCHES FROM THE FENCE LINE TO GIMME THOSE FOUR INCHES FOR THE GUTTER TO END A FOOT FROM THE FENCE LINE. AND THOSE GUTTERS, UM, I WILL HAVE DIRECTED TO MY FRONT YARD. SO FROM MY FRONT YARD TO MY NEIGHBORS, I HAVE MY DRIVEWAY IN BETWEEN. THEN DOES, UH, WHEN, WHEN YOU GET AN EXCESSIVE RAIN ON YOUR PROPERTY, IS IT PREDOMINANTLY DRAINED TOWARDS THE STREET OR TOWARDS YOUR BACKYARD? TOWARDS MY BACKYARD. AND THEN ONCE IT'S IN THE BACKYARD, IT CONTINUES IN THAT DIRECTION? UH, YES. IT, IT KIND OF JUST GOES TOWARDS THE MIDDLE OF MY BACKYARD. OKAY. SO, UM, IT, IT'S ONE OF THE THINGS THAT WE'RE CONCERNED ABOUT IS DRAINAGE, AS YOU MAY HAVE HEARD, UH, MENTIONED BY OTHER COMMISSIONERS. UH, IF THE, IF THIS, IF THE NATURAL DRAINAGE PATTERNS FOR YOUR PROPERTIES THAT GO TO THE BACKYARD AND CONTINUE ON, UH, DID YOU TAKE INTO CONSIDERATION HAVING THE GUTTERS DUMP OUT THERE? UM, I, I WILL MORE THAN LIKELY HAVE A, A PATHWAY ON BOTH ENDS, ONE ON THE FRONT, UH, OF MY HOUSE AND THEN ONE ON THE BACK END. OKAY. AND THEN I ALSO NOTICED BY THE PICTURE OF YOUR ROOF THAT IF YOU WERE TO INSTALL A CAR, A CARPORT, UM, WOULD IT, WOULD IT THEN COLLECT ALL THE WATER FROM YOUR ROOF AND THEN HAVE THAT ALL HIT THE GUTTER? THAT'S A GOOD QUESTION. YES, IT'S, UH, THE CARPORT'S GONNA BE UNDERNEATH THE ROOFING OF MY HOUSE. AND YOUR CARPORT'S GONNA BE A, A, A STRAIGHT SLANT OUT TOWARDS AWAY FROM YOUR HOME? UH, IT WAS GONNA SLANT AWAY FROM THE HOME. OKAY. AND HONESTLY, UM, I MEAN NOW I, I'M WILLING TO WORK, UH, TO MAKE IT HAPPEN. SO IT CAN LEAN BOTH WAYS, BUT IF IT LEANS TOWARDS THE NEIGHBOR'S HOUSE, I MEAN, OBVIOUSLY WE'RE GONNA HAVE THE GUTTERS ON THERE TOO. AGAIN, A LOT OF THE THINGS THE COMMISSION TAKES INTO COMMISSION, UH, INTO CONSIDERATION IS DRAINAGE. AND SO, YOU KNOW, YOU KNOW, WE CAN'T PUT CONDITIONS ON WHAT WE DO, BUT HEARING THINGS LIKE, UM, THE INTENT TO HAVE GUTTERS DRAINED TOWARDS THE NATURAL DRAINAGE PATTERNS, UH, TO POTENTIALLY ALLEVIATE FLOODING TO YOUR NEIGHBORS OR HAVING, YOU KNOW, HEARING THAT YOUR APPLICATION WERE TO INCLUDE SOMETHING LIKE A FIVE OR A SIX INCH GUTTER THAT COULD ACTUALLY HANDLE THAT KIND OF WATER MIGHT BE SOMETHING THIS COMMISSION MIGHT WANT TO HEAR, BUT THAT'S ENTIRELY UP TO YOU. SO WITH THAT, IS THERE ANY OTHER QUESTIONS OR ANY OTHER COMMENTARY? MIC MINKA? UH, ONE OF THE THINGS THAT I'VE SEEN AND MY LITTLE HISTORY HAS BEEN, UH, WA UH, RAIN DIVERTERS PUT ON THE, ON TOP OF THE ROOF, IT'S A PIECE OF METAL THAT GOES ACROSS IN DIVERTS WATER, ONE DIRECTION, SOMETHING TO CONSIDER IN TERMS OF SLOWING DOWN THE WATER FROM THE TWO VALLEYS FALLING ON THE CARPORT AND OVERWHELMING THE DRAINAGE. AND WE GOT THE SAME PROBLEM. OKAY. AND BEFORE, UM, I SIT DOWN, I JUST WANNA, UH, MAKE A COMMENT THAT I, I REALLY RESPECT MY NEIGHBORS AND I'VE SEEN THEM WORKING ON, UH, THEIR HOUSE FOR THREE YEARS. NO ONE'S LIVED THERE FOR THREE YEARS, BUT THEY'VE BEEN REMODELING THEIR HOUSE, UH, NONSTOP. SO I, I TOTALLY GET, THEY WANNA PROTECT THEIR INVESTMENT AND, UH, AS A NEIGHBOR, I, I WANNA DO THE, THE BEST I CAN AS A NEIGHBOR TO, TO HELP THEM OUT AND NOT AFFECT THEIR, THEIR HOUSE. SO HEARING EVERY, ALL THE DISCUSSION YOU'VE HEARD TODAY, IS THERE ANY AMENDMENTS TO YOUR APPLICATION OR ANY CLARIFICATIONS TO YOUR APPLICATION YOU'D LIKE TO STATE? MANNA COMMISSIONER MANNA? SO, SO ONE MORE COMMENT AND ALSO ONE BEFORE I'VE SEEN WHEN, WHEN IT IS THAT WE'VE BEEN MANAGING LOTS OF WATER, IS THE DIALOGUE ABOUT FRENCH DRAINS AND FRENCH TRAINS ESSENTIALLY SIT EMBEDDED IN THE GROUND TO HELP DIVERT THE WATERWAY AS WELL. AND SO THAT MAY BE SOMETHING ALSO TO CONSIDER AT SOME POINT. COMMISSIONER UNA? YEAH, SO I WOULD LIKE THE, UH, THE APPLICANT TO CONSIDER, UM, DIVERTING OR HAVING THE DOWNSPOUTS ON HIS SIDE OF, OF THE DRIVEWAY VERSUS THE NEIGHBOR'S SIDE. SO IT WOULD, THE DRIVEWAY WOULD ACT ESSENTIALLY AS A LITTLE BIT OF A, A BARRIER DAM TO KEEP THE WATER FLOWING FROM THE NEIGHBOR'S SIDE IF, IF NOT ONLY ADDING THE GUTTERS, BUT LOCATION OF THE GUTTERS, WHICH WOULD BE KIND OF ON, ON THIS SIDE OF THE, SO YEAH, SO YOU KNOW, YOU'VE GOT, OBVIOUSLY YOU HAVE TO DO WHAT'S RIGHT FOR YOU, BUT YOU KNOW, YOU'VE HEARD A WHOLE BUNCH OF COMMENTARY HERE, SO I JUST WANNA MAKE SURE YOU HAVE AN OPPORTUNITY. IF, IF YOU HAPPEN TO, UH, COLLECTIVELY WANNA MAKE ANY AMENDMENTS TO YOUR APPLICATION, FEEL FREE TO DO SO. UH, I HEREBY JUST WANNA MAKE A STATEMENT THAT WE WOULD HAVE SIX INCH GUTTERS INSTALLED AND THEY WOULD FLOW DOWNFLOW ON THE, ON YOUR, THE PROPERTY AND, AND THEY WOULD DOWNFLOW TO, TO THE FRONT AND BACK OF MY PROPERTY. OKAY, WITH THAT, UM, I'M GONNA OPEN THIS UP FOR A MOTION. UNA COMMISSIONER UNA, REGARDING CASE NUMBER BO EIGHT DASH 22 DASH 0 3 0 0 1 0 5. I MOVE THAT THE BOARD OF ADJUSTMENTS GRANTED REQUEST FOUR, A FOUR FOOT VARIANCE FOR THE MINIMUM FIVE FOOT SETBACK REQUIREMENT TO ALLOW A CARPORT, UH, WITH GUTTERS TO BE ONE FEET, [01:55:01] ONE FOOT FROM THE SIDE PROPERTY LINE SITUATED 9 3 1 SAM'S DRIVE, APPLICANT BEING MARIO ROBERTO, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY AS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C CODE IS MENDED WOULD RESULT IN A UNNECESSARY HARDSHIP. I'D ALSO LIKE TO ADD THAT THE APPLICANT PROVIDED VERBAL TESTIMONY, UH, UH, TO THE SIZE AND THE LOCATION OF THE DOWNSPOUT BEING DRAINING TO THE BACKSIDE OF THE PROPERTY INTO THE, UM, FRONT SIDE ON HIS SIDE OF THE DRIVEWAY, UM, TO DIVERT, DIVERT THE PROP THE WATER AWAY FROM THE NEIGHBORS. UH, ONE SPECIFICALLY WE FIND THAT ONE THE VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST BECAUSE THE STRUCTURE WILL MEET THE MINIMUM FRONT, UH, FRONT SETBACK REQUIREMENT AND WE'LL HAVE GUTTERS INSTALLED TO AVOID RUN RUNOFF TO THE NEIGHBORING PROPERTY. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE ONE, IT WOULD RESULT IN STRUCTURE HAVING TO MAINTAIN FIVE FEET TO THE SIDE PROPERTY LINE, WHICH WILL RESULT IN DEVELOPMENT OF AN IMPRACTICAL CARPORT. THE UNNECESSARY HARDSHIP IS DUE TO THE NARROWNESS OF THE LOT. THREE, BY GRANTED THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE AS ONE. THE REQUESTED VARIANCE WOULD ALLOW A STRUCTURE TO BE ONE FOOT FROM THE SIDE PROPERTY LINE AND WILL MAINTAIN GUTTERS AND REQUIRE TO BE MADE OF FIRE RATE OF MATERIALS BECAUSE OF THE WIDTH OF THE LOT. MAINTAINING A FIVE FOOT SIDE SETBACK IS NOT ACHIEVABLE FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE YOU SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED AS THE PROPERTY IS ZONED R FOUR AND THE USE OF THE PROPERTY IS A SINGLE FAMILY DWELLING. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. BECAUSE THE OTHER RESIDENCE IS OBSERVED IN THE IMMEDIATE AREA HAVE SIMILAR CARPORTS. THEREFORE, MAINTAINING A ONE FOOT SIDE SETBACK DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OTHER RESULTS OF GENERAL CONDITIONS. AND THE DISTRICT OF THE PROPERTY LOCATED, IT APPEARS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH VARIANCE OF SOUGHT IS DUE TO THE UNIQUE SIZE AND WITH TO THE LOT. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL AND OF MOTION. SECOND IT A SECOND BY COMMISSIONER MANNA, UH, COMMISSIONER ZUNA, RIGHT? SO THE APPLICANT, UH, MODIFIED HIS APPLICATION ON THE DIOCESE OR ON THE, ON THE PODIUM HERE. SO, UM, WITH THE VARIANCE REQUESTS THAT CHANGE TO DIVERT THE WATER TO THE BACK, INTO THE FRONT SIDE, AWAY FROM THE NEIGHBORS, UM, SUPPORTING THE MOTION COMMISSIONER MANNA. YEAH, SO I THINK WE TRIED TO ADDRESS AS MUCH AS WE COULD, UH, WITH REGARDS TO SOME OF THE CONCERNS, YOU KNOW, TO DO THE BEST WE COULD. AND I THINK THAT, UM, YOU KNOW, GIVEN SOME OF THE DIALOGUE HERE WITH REGARDS TO THE AMENDMENTS MADE, I THINK THAT, UM, THAT, UH, THAT GIVEN THE SITUATION WILL BE THE BEST, YOU KNOW, I GUESS THE BEST CIRCUMSTANCE. SO I'LL BE VOTING IN FAVOR. ALL RIGHT, ANYONE ELSE? HEARING NONE? HAVE A ROLL CALL, VOTE PLEASE. MR. OZUNA? YES, MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNIGA. I CONCUR. MR. ALBERT. I CONCUR. MR. MANCHACA. I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ. I CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT, MS. KAPLAN. I CONCUR. I CONCUR WITH THE FINDINGS OF FACT. MR. THIEL. YES, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 11 TO ONE. UH, IT BEING THREE OH ONE, WE'RE GONNA CALL FOR A SEVEN MINUTE BREAK, AND COMMISSIONER THIEL, UH, WILL BE, UH, LEAVING THE MEETING AT THIS TIME. ALL RIGHT. I GOT THREE 10. WE'RE GONNA CALL THE MEETING BACK TO ORDER. I BELIEVE WE'RE ON ITEM NUMBER EIGHT. UM, BO O EIGHT, UH, 2 2 1 3 0 0 1 0 6 LOCATED AT 3 4 3 VDO COUNSEL, DISTRICT ONE, APPLICANT BEING PAUL FLYNN. UM, CURRENTLY ZONING IS RESIDENTIAL SINGLE FAMILY, AND THE REQUEST IS FOR A FOUR FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE WITH OVERHANG AND GUTTERS TO BE TWO INCHES FROM THE SIDE AND REAR PROPERTY LINES. UM, THE SUBJECT PROPERTY IS LOCATED ON VNA STREET AND IT CONTAINS A SINGLE FAMILY RESIDENCE ON A CORNER LOT. THE APPLICANT CONSTRUCTED AN ATTACHED CARPORT ON THE SIDE OF AN EXISTING RESIDENCE. UM, DURING A SITE VISIT CONDUCTED BY STAFF, IT WAS OBSERVED THAT THE CARPORT ONLY MAINTAINED TWO INCHES FROM THE SIDE PROPERTY LINE. UM, A CARPORT IS REQUIRED TO MAINTAIN FIVE FEET FROM THE SIDE. PROPERTY LINE STAFF ALSO OBSERVED SIMILAR STYLED CARPORTS IN THE AREA. UM, AN ALLEYWAY WAS ALSO OBSERVED IN THE REAR PROPERTY, WHICH MEASURED AT NINE FEET, EIGHT INCHES IN WIDTH. UM, THAT IS THE CURRENT PICTURE OF A SIDE PLAN WHERE YOU CAN SEE THE CARPORT, UM, DRAWN, KIND OF IN THE TOP LEFT CORNER. UM, THAT IS THE FRONT VIEW OF THE SUBJECT [02:00:01] PROPERTY. UM, ANOTHER VIEW FROM THE, OF THE SUBJECT PROPERTY MORE TO THE OTHER SIDE OF THE STREET. UM, YOU CAN SEE THE CARPORT TOWARDS THE BACK THERE. UM, THAT'S THE CARPORT ITSELF. UM, A VIEW OF THE UNDERNEATH THE CARPORT FROM THE STREET AS WELL. UH, YOU CAN SEE A SECTION OF THE CARPORT, KIND OF WHERE, HOW IT WAS ATTACHED, UM, RIGHT THERE TOWARDS THE POST. UM, SOME OF THE SURROUNDING AREAS AND A CARPORT ACROSS THE STREET THAT WAS SPOTTED WHEN STAFF DID THE SITE VISIT. UM, STAFFORD COMMITS APPROVAL AND FOR A REQUEST FOR A FOUR FOOT 10 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE WITH OVERHANG AND GUTTERS TO BE TWO INCHES FROM THE SIDE PROPERTY, LINE SIDE AND REAR PROPERTY LINES. AND B O A 2 2 1 0 3 0 0 1 0 6 BASED ON THE FOLLOWING FINDINGS OF FACT, UM, A SIDE SETBACK OF TWO INCHES INCHES, WHERE WE FIND ENOUGH ADEQUATE SPACE BETWEEN THE STRUCTURES OF THE SUBJECT PROPERTY AND THE LOCAL ROAD AND CARPORTS ARE OBSERVED IN THE IMMEDIATE AREA. THEREFORE, THE REQUEST DOES NOT APPEAR TO ALTER ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. THERE WERE 35 NOTICES SENT OUT. THERE WAS ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM LOS ANGELES HEIGHT HOMEOWNERS ASSOCIATION. UM, THAT CAN CONCLUDE STAFF PRESENTATION AND THE APPLICANT SHOULD BE PRESENT. OH, BEFORE YOU GO, UM, YOU HAD MENTIONED THAT THERE'S A TWO INCH, UH, VARIANCE FROM THE REAR AS WELL, THAT WAS INCLUDED WITH THE APPLICATION. YES, BUT I DON'T BELIEVE IT WOULD BE NEEDED BECAUSE OF THE ALLEYWAY, BECAUSE OF THE ALLEY. OKAY. JUST WANTED TO BE SURE. ALL RIGHT. LET'S HAVE THE APPLICANT COME FORWARD. PLEASE, IF YOU COULD STATE YOUR NAME AND BEGIN YOUR PRESENTATION. YEAH, GOOD AFTERNOON. MY NAME IS PAUL FLINT. UH, WE HAD THIS CARPORT BUILT, UM, ONLY AFTERWARDS, UH, LEARNED ABOUT THE, UH, ZONING REQUIREMENTS CAME IN, AND, UH, THAT'S WHEN I, UH, BECAME AWARE OF THE, THE, THE, UH, UH, I GUESS THE, THE SETBACK REQUIREMENTS AND, UM, WHICH LED ME TO SUBMITTING FOR THE, THE VARIANCE. OKAY. STAFF, IS THERE ANY PUBLIC COMMENTARY FOR THIS CASE? THERE'S NO PUBLIC COMMENT. ALL RIGHT. THANK YOU. UM, LET'S SEE IF THERE'S ANY, IF YOU HAVE ANY QUESTIONS FOR YOU. IS THERE ANY COMMISSIONER QUESTIONS FOR THIS APPLICANT? CRUZ, COMMISSIONER CRUZ. EXCUSE ME. UM, JUST A QUESTION RIGHT THERE. THAT PICTURE, IS THAT YOUR, THE FRONT OF YOUR HOME OR IS THAT THE SIDE DOOR? THAT'S THE SIDE. THAT'S THE SIDE DOOR. AND THE FRONT IS STILL ON THE, AROUND THE CORNER? YES, MA'AM. THAT'S THE FRONT. OKAY. THAT'S WHY I COULDN'T TELL HIM. I'M LIKE, OKAY. ALL RIGHT THEN. SO YOU HAVE GOOD PROPERTY THOUGH, IN FRONT, BUT NOT THAT MUCH IN THE BACK, AND YOU DO HAVE AN ALLEY BEHIND YOU, IS THAT CORRECT? YES, MA'AM. OKAY. THANK YOU. THANK YOU. OKAY. I HAVE A ADDITIONAL QUESTION. IS THE ALLEY DRIVABLE? UH, UM, NOT PAVED? NO, IT'S PAVED. I DON'T THINK IT'S DRIVABLE THOUGH. UH, UM, AND IT CERTAINLY DOESN'T LOOK LIKE, YOU KNOW, THAT IT'S, IT'S, IT'S, UH, OKAY. I DON'T EVER SEE TRAFFIC. AND THIS. AND YOU'RE NOT INTENDING IN ANY WAY TO PARK VEHICLES UNDER THIS? NO, NO. THIS A PATIO. IT WAS INTENDED TO JUST BE A PATIO COVER. UH, I'VE GOT SOME PICTURES, BUT, UH, UM, YEAH, BECAUSE WE DON'T HAVE A ACCESS REALLY FOR, FOR, IT WAS JUST A, AGAIN, IT'S INTENDED TO BE A PATIO COVER. OKAY. AND THEN, UH, AND IT DOES DRAIN TOWARDS THE ALLEY, CORRECT? YES. ALRIGHT. THAT'S ALL THE QUESTIONS I HAVE. IS THERE ANY OTHER COMMISSIONER QUESTIONS? UM, NO, I, NO, YOU GAVE ME ANOTHER IDEA SINCE IT'S PAVED. UM, THE CITY DOESN'T PICK UP TRASH THROUGH THE BACK, DO THEY? NO, THE, THE, FROM THE SIDE FROM THE STREET. OH, OKAY. THAT'S WHY I WANNA MAKE SURE, 'CAUSE I KNOW ON SOME OF THE ALLEYS, THE CITY STILL PICKS UP, UH, TRASH FROM, FROM THAT AREA. OKAY. THANK YOU. ALL RIGHT. SO IF THERE'S NO OTHER QUESTIONS, UM, THANK YOU VERY MUCH. I'M LOOKING FOR A MOTION MANNA COMMISSIONER MANNA, REGARDING CASE NUMBER BO O A 2 2 1 0 3 0 0 1 0 6. I MOVED THAT THE BOARD OF ADJUSTMENT GRANT THE REQUEST FOR A FOUR FOOT 10 INCH VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW STRUCTURED WITH OVERHANGING GUTTERS TO BE TWO INCHES FROM THE SIDE AND REAR PROPERTY LINES SITUATED AT 3 4 3 VIENDO, UH, APPLICANT BEING PAUL FLYNN. 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 ENFORCEMENT OF THE PROVISIONS OF THE E 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 A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. THE APPLICANT REQUESTED REQUESTED VARIANCE WOULD ALLOW A CARPORT TO BE TWO INCHES FROM THE SIDE AND THE REAR PROPERTY LINES. THIS DISTANCE PROVIDES ADEQUATE SPACING BETWEEN THE CARPORT [02:05:01] AND THE NEIGHBORING LOCAL ROAD. TWO, DUE TO SPECIAL CONDITIONS OR LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN A CARPORT BEING REDUCED TO MAINTAIN A FIVE FOOT SIDE SETBACK. THIS WOULD DECREASE THE SQUARE FOOTAGE, DEPTH AND WIDTH OF THE CARPORT, AND WOULD NOT ALLOW FOR ADEQUATE SPACING FOR A VEHICLE. THIS WOULD RESULT IN AN UNNECESSARY HARDSHIP. THREE. BY GRANTING A VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPARE OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. A FOUR FOOT 10 INCH VARIANCE FROM THE FIVE FOOT MINIMUM SETBACK REQUIREMENT WILL OBSERVE THE SPIRIT OF THE ORDINANCE. IT WILL NOT ADVERSELY AFFECT THE SURROUNDING PROPERTIES IN THE IMMEDIATE AREA. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO OTHER USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. IF GRANTED, THE ADDITIONAL THIS ADDITION WILL MAINTAIN TWO INCH SETBACK FROM THE SIDE PROPERTY LINE RESPECTIVELY. THIS WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THERE ARE SIMILAR CARPORTS IN THE AREA WITH SIMILAR SETBACKS. SIX, APPLY TO THE OWNER FROM THE, UH, FOR THE PROPERTY FOR WHICH THIS VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. 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 THIS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE CARPORT CANNOT BE DEVELOPED, UH, WITH THE EXISTING SETBACK REQUIREMENTS AS THERE IS INSUFFICIENT SPACE AND A MOTION. SECOND, WE HAVE A MOTION AND A SECOND BY COMMISSIONER BRAGMAN, UH, COMMISSIONER, COMMISSIONER MANNA. AND I JUST WANTED TO ASK, UH, BEFORE YOU CONTINUE, UH, DID YOU INTEND ON, ON FINDINGS ONE AND TWO TO USE THE TERM CARPORT AS OPPOSED TO PATIO OR COVERED STRUCTURE? OH, THAT'S A GOOD POINT. SO, SO MAYBE, UH, SO I'LL, I WILL, UH, AMEND THAT. SO THAT DOES SAY, OKAY. UH, PATIO. THANK YOU. THANK YOU. UH, COMMISSIONER MANNA, PLEASE PROCEED. AND SO, IS THAT OKAY WITH MY COLLEAGUE DOWN THERE? YES. OKAY. THANK YOU. UM, SO I'LL BE SUPPORTING THIS MOTION AS, UH, AS, AS AMENDED HERE. UM, AND SO I, YOU KNOW, I THINK HAVING THE DRAINAGE GOING TO THE BACK, UH, UH, ALLEYWAY IS, IS, IS FINE. AND THEN ALSO GIVEN THE LOCATION HERE, I THINK, UH, THE SIDE, UH, THE SIDE, UM, UM, SETBACK IS APPROPRIATE AS WELL. SO I'LL BE SUPPORTING THE MOTION. THANK YOU. COMMISSIONER BRAGMAN. I CONCUR WITH MY COLLEAGUE AND, AND I'LL BE IN SUPPORT OF THE MOTION AS WELL. ALL RIGHT. THANK YOU. IS THERE ANY OF THE COMMISSIONERS, UH, HEARING NONE? LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNIGA. I, MR. ALBERT I CONCUR. MR. MANCHACA. I CONCUR. MR. VASQUEZ. I CONCUR. MS. CRUZ I CONCUR. MS. KAPLAN I CONCUR. MR. OZUNA? YES, I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ZERO. UH, CONGRATULATIONS. YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF? THANK YOU. UH, ITEM NUMBER NINE. ITEM NUMBER NINE IS BO O A 2 2 1 0 3 0 0 1 15. THE ADDRESS AT 6 6 0 6, UH, REEF FRIDGE, UH, IN COUNCIL DISTRICT FOUR APPLICANT IS JORGE CERVANTES. UH, REQUEST FOR A FOUR FOOT VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW CARPORT WITH OVERHANG AND GUTTERS TO BE, UH, ONE FOOT FROM THE SIDE. PROPERTY LINE ZONING FOR THIS IS SINGLE FAMILY RESIDENTIAL SUBJECT PROPERTY IS LOCATED ON SIX, UH, 6 6 0 6 REEF FRIDGE. UM, AND THE APPLICANT IS REQUESTING A VARIANCE PRIOR TO OBTAINING A BUILDING PERMIT. UH, ATTACHED IS THE SURVEY SHOWING THE PROPOSED STRUCTURE LOCATION OF THE PROPOSED STRUCTURE. UM, THIS NEXT PICTURE IS THE PROPERTY, UH, SUBJECT PROPERTY. UM, AND THE NEXT FEW SLIDES WILL BE THE SURROUNDING AREA. UH, STAFF RECOMMENDS APPROVAL OF BO O A 2 2 1 0 3 0 0 1 15 BASED ON THE FOLLOWING FINDINGS OF FACT, THE APPLICANT'S REQUESTING A VARIANCE PRIOR TO OBTAINING THE BUILDING PERMIT. UH, THERE'S A LIMITED AMOUNT OF SPACE AVAILABLE TO COMPLY WITH THE SIDE SETBACK AND TO DEVELOP A DUAL CARPORT, AND THE STRUCTURE WILL CONFORM TO THE FRONT SETBACK REQUIREMENTS FOR THAT DISTRICT. UH, 25 NOTICES WERE MAILED OUT. FOUR WERE RETURNED IN FAVOR, ZERO IN OPPOSITION. AND THERE WAS NO RESPONSE FROM THE PEOPLE ACTIVE IN COMMUNITY EFFORT. [02:10:04] AND IT CONFIRMED THAT'S 6 0 0 6. ALL RIGHT, THANK YOU. IS THE APPLICANT PRESENT? NO. IF YOU CAN PLEASE STATE YOUR NAME AND BEGIN YOUR PRESENTATION. MY NAME'S JURE CERVANTES, AND I'M THE OWNER OF, UH, 6 0 0 6 REFRIGE PLACE. UH, I WANTED TO BUILD A CARPORT. UH, THERE'S NOTHING BEING BUILT YET BECAUSE I WANTED TO MAKE SURE, UM, IT GETS APPROVED FIRST, YOU KNOW, 'CAUSE I DON'T WANT THEM. OH NO. AND THEN I GOT TEAR DOWN. SO I WANTED TO DO A 22 BY 34 FOOT CARPORT. UH, 22 BEING, BECAUSE I HAVE MY, MY CAR, MY GARAGE IS IN THE BACK. WHEN I BOUGHT THE HOUSE, THEY BUILT THE GARAGE IN THE BACKYARD. SO THERE'S AXIS ALL THE WAY TO IT. BUT IF I WERE TO BUILD, UH, WITHIN THAT, UH, SETBACK, THAT EASEMENT OR WHATEVER, IT WOULD, I WOULD HAVE THAT POST RIGHT IN THE MIDDLE OF MY, OF THAT AXIS. AND I DON'T, I DON'T KNOW WHAT THAT ONE FOOT, I MEAN THE 10 FOOT, UM, FROM FRONT. I DON'T KNOW WHAT THAT MEANS. 'CAUSE UH, I KIND OF WANTED IT ALL THE WAY. I GOT THREE CARS, THREE VEHICLES, AND ANOTHER ONE COMING SOON. UM, AND I WANT TO BE ABLE TO, YOU KNOW, THERE'S THE SUN RIGHT NOW IS EATING UP ALL MY PAINT ON THE CARS AND IT'S REAL HOT OUT AND I KIND OF WANT TO GET IT TO WHERE I COULD BE ABLE TO GET IN MY GARAGE IF I, IF POSSIBLE. SO JUST TO CLARIFY, THE 10 FOOT REQUIREMENT YOU HAVE TO, THERE'S A 10 FOOT FRONT SETBACK. UM, AND THE, YOUR PRO, ACCORDING TO THE MAP THAT WAS PROVIDED IN YOUR APPLICATION, YOU'RE SHOWING THAT FROM YOUR, FROM THE YEAH. 10 I'M, IT'S 34 FEET TO THE PROPERTY LINE. BASICALLY. TO THE PROPERTY, YES. 'CAUSE I KNOW I CAN'T BE CLOSE. I GOTTA BE 10 FEET FROM THE STREET. NO, FROM THE IT'S FROM THE PROPERTY LINE. CORRECT. YEAH. SO YOU'D HAVE TO, YOUR CARPORT REALLY COULDN'T EXCEED 24 FEET. AND DID THE APPLICANT INCLUDE ANY FRONT SETBACK VARIANCE IN HIS APPLICATION? IT WAS SIMPLY SIDE. OKAY. SO, YEAH. SO YOUR APPLICATION, WHAT'S, WHAT WE'RE ALLOWED TO DELIBERATE AND MAKE A DECISION ON TODAY IS SOLELY THE, THE SIDE SETBACK. SO THE SIDE BACK CAN'T GO FROM THE NOT TO THE FRONT, RIGHT? YEAH. THAT WOULD HAVE TO, THAT WOULD, THAT WOULD'VE TO BE ANOTHER, IT WOULD JUST USUALLY GOING, I'M BASICALLY GOING THIS WAY, BUT NOT FORWARD. THAT'S CORRECT. OKAY. SO IT'S, IT'LL BE, UM, 24 BY 22. OKAY. AND, AND STEPH, JUST, JUST TO MAKE SURE WE'RE CLEAR, DID, DID, DID, IS THERE, IF THERE'S A CONFLICT WITH WHAT HE'S SAYING HE'S GONNA BUILD WITH IT BEING A VIOLATION OF THE FRONT SETBACK, DOES THIS NEED TO BE READVERTISED OR ANYTHING? OR CAN WE MOVE FORWARD? UH, WELL WE CAN'T, WE CERTAINLY CAN'T ADD THE, THE FRONT RIGHT TO IT, BUT, UH, WE CAN PROCEED WITH THE SIDE. OKAY. SO IS THAT SOMETHING YOU'D LIKE TO DO OR DID YOU WANT TO UM, YEAH, I MEAN, I WANNA BUILD IT REGARDLESS. OKAY. BECAUSE I NEED, I NEED TO GET MY CARDS UNDER THERE. UM, SO YOU'RE SAYING I I WOULD'VE, I WOULD BE AT 22 BY, WELL, WELL, IF HE WERE TO AMEND THIS APPLICATION, WOULD HE BE SUBJECT TO ADDITIONAL FEES? RICHARD, DO YOU KNOW WHAT THE FEES ARE? I THINK IT'S 200 Y THERE ARE ADDITIONAL FEES. SO, SO WHAT WHAT CAN HAPPEN IS YOU CAN AMEND THIS APPLICATION, COME BACK AT A LATER MEETING AND HAVE BOTH ITEMS ON THE TABLE FOR OUR CONSIDERATION FOR A MODEST FEE. UM, OR WE CAN MOVE FORWARD TODAY. AND HOWEVER THIS COMMISSION VOTE, IT WOULD, THAT WOULD BE THE VOTE. AND THAT IT WOULDN'T INCLUDE ANYTHING HAVING TO DO WITH THE FRONT SETBACK. SO IS, IS, IS THERE, UM, I DON'T GET IT THOUGH, BECAUSE I'VE NEVER, I'VE NEVER DONE THIS BEFORE, SO I DON'T REALLY UNDERSTAND, THAT'S WHY I'M BRINGING THIS UP. SO WHAT HAPPENS IS, UH, WHAT IT SEEMED LIKE YOUR DESIRE WAS TO BUILD A 22 BY 34 FOOT CARPORT. YEAH. BIG, BIG ONE. AND SO DEPENDING ON WHAT'S ADVERTISED AND WHAT'S ON OUR AGENDA, THAT'S ALL WE'RE ALLOWED TO TALK ABOUT AND MAKE DECISIONS ABOUT TODAY. AND SO ONCE THAT DECISION'S MADE, IF YOU WERE TO COME BACK, IT WOULD BE A BRAND NEW APPLICATION. OH. WOULD HAVE TO REDO THE, BUT FOR A LESSER FEE WITH A SLIGHTLY LESSER FEE, YOU COULD RE ADVERTISE AND COME BACK WITH BOTH ITEMS ON THE AGENDA AND HAVE US TALK. I DON'T KNOW HOW IMPORTANT THE FRONT ISSUE IS. OH, IT'S, I MEAN, IF I, IF I CAN'T GO ALL THE WAY, THAT'S FINE. I COULD GO. OKAY. BUT I JUST WANTED TO BE ABLE TO WHERE I COULD GO TO THE GARAGE, YOU KNOW, TO THE SIDE. I UNDERSTAND. I JUST WANTED TO JUST POINT OUT WHAT SOME OF THE OPTIONS THAT WERE AVAILABLE TO YOU, UH, BEFORE WE JUST CONTINUED. UH, SO WITH THAT, UM, LET'S, LET'S, UH, YOU CAN PLEASE CONTINUE WITH YOUR, WITH YOUR PRESENTATION ABOUT THE SIDE. THAT'S PRETTY MUCH IT. OKAY. I GUESS I DON'T, I MEAN, I'M GONNA HAVE GOODERS ON [02:15:01] EACH SIDE OKAY. AND GO FACE TO THE, TO THE STREET. 'CAUSE I'M UP ON A, ON A HILL. YES, SIR. YOU KNOW, SO MY NEIGHBORS ARE OKAY WITH 'EM. I'LL TALK WITH EVERYBODY. AND MR. CHAIRMAN, I'M SORRY, MR. CHAIRMAN. UH, I AMERS THE APPLICATION DOES INCLUDE GUTTERS. IT, IT DOESN'T, IT'S IN THE AGENDA. IT DOES GUTTERS ON INSIDE AND THEY'RE JUST FACING THE STREET. AND SO BEFORE WE, IS THERE ANY PUBLIC COMMENTARY ON THIS CASE? NO, THERE'S NOT. OKAY. SO WE'RE GONNA OPEN THIS UP TO COMMISSIONER QUESTIONS. WHO CHIMED IN FIRST? WAS IT MR. COMMISSIONER ? YEAH. UH, CAN WE RESCHEDULE THIS? WELL, THE THING IS, IT WOULD HAVE TO BE A RE ADVERTISEMENT AND THERE'S A FEE ASSOCIATED WITH THAT. SO THAT'S, THAT WOULD BE THE ISSUE IS WHETHER OR NOT HE WANTED TO, TO PAY THAT FEE. SO, UH, ANY QUESTIONS FROM THE COMMISSION? ADDITIONAL QUESTIONS? OKAY. HEARING NONE, IS THERE ANYTHING STAFF WOULD LIKE TO ADD? NOTHING. OKAY. UM, SIR, WE'RE GONNA GO AHEAD AND, UH, I'LL ENTERTAIN A MOTION AND WE WILL DELIBERATE AND MAKE A DECISION. ALRIGHT? ALL RIGHT. THANK YOU. THANK YOU. SO I'M LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN, REGARDING CASE NUMBER BO O A DASH 22 DASH 0 3 5. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A CARPORT WITH GUTTERS TO BE ONE FOOT FROM THE SIDE PROPERTY LINE SITUATED AT 9 3 1 SAM'S DRIVE. APPLICANT BEING MARIO ROBLEDO. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE THE STRUCTURE WILL MEET THE MINIMUM FRONT SETBACK REQUIREMENT AND WILL HAVE GUTTERS TO INSTALL, INSTALL TO AVOID WATER ON OFF TO THE NEIGHBORING PROPERTY. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE IT WOULD RESULT IN STRUCTURE HAVING TO REMAIN FIVE FEET TO THE SIDE PROPERTY LINE, WHICH WILL RESULT IN THE DEVELOPMENT OF IMPRACTICAL CARPORT. THE UNNECESSARY HARDSHIP IS DUE TO THE NARROWNESS OF THE LOT. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE REQUESTED VARIANCE WOULD ALLOW STRUCTURE TO BE ONE FOOT FROM THE SIDE PROPERTY LINE AND WILL MAINTAIN GUTTERS AND REQUIRED TO BE MADE OF FIRE RATED MATERIALS BECAUSE OF THE WIDTH OF THE LOT, MAINTAINING A FIVE FOOT SETBACK IS NOT ACHIEVABLE. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USE IS SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LO LOCATE ZONE R FOUR. AND THE USE OF THE PROPERTY IS SINGLE FAMILY DWELLING. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE . COMMISSIONER BRACKMAN, I'M SORRY TO INTERRUPT. YOU ARE, ARE YOU READING THE FOR CASE ENDING IN 1 1 5 1 0 5? UH, 1 1 5. OH, SORRY. OKAY. , WHY DIDN'T YOU ASK ME EARLIER? BECAUSE IT WAS JUST BROUGHT TO MY ATTENTION. OKAY, STRIKE THAT. REGARDING CASE NUMBER BO O A DASH 22 DASH THREE 15, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED A REQUEST FOR A FOUR FOOT VARIANCE FROM THE FIVE FOOT MINI MINIMUM SIDE SETBACK REQUIREMENT TO ALLOW CARPORT WITH OVERHANGS AND GUTTERS TO BE ONE FOOT FROM THE SIDE PROPERTY LINE SITUATED AT 6 6 0 6. IS THAT CORRECT? SIX. 6 0 0 6. ALRIGHT, THANK YOU. 6 0 0 6 REEF BRIDGE. APPLICANT BEING JOSE CERVANTES. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE VARIANCE NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE THE VARIANCE REQUEST IS TO ALLOW CARPORT WITH OVERHANGING GUTTERS TO BE ONE FOOT FROM THE SIDE PROPERTY LINE, WHICH PROVIDES ADEQUATE SPACING BETWEEN THE NEW STRUCTURE AND THE PROPERTY LINES. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE IT WOULD RESULT IN THE STRUCTURE OF HAVING, IN THE STRUCTURE OF HAVING TO BE MOVED TO MEET THE MINIMUM SI FIVE FOOT SIDE SETBACK REQUIREMENT. THE UNNECESSARY HARDSHIP IS DUE TO THE CONFIGURATION OF THE PROPERTY. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE STRUCTURE WILL MAINTAIN A CONSIDERABLE DISTANCE BETWEEN NEIGHBORING PROPERTIES, WHILE ALSO ALLOWING THE DEVELOPMENT OF A CARPORT DUE TO THE CONFIGURATION OF THE PROPERTY. THIS WILL OBSERVE THE SPIRIT OF THE ORDINANCE. FOUR. 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 AS A PROPERTY [02:20:01] IS ZONED. R SIX. AND THE USE OF PROPERTY IS SINGLE FAMILY DWELLING. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE OTHER CARPORTS ARE ALSO PRESENT IN THE AREA AND SIMILAR AND APPEAR SIMILAR IN MATERIAL TO THE ONE BUILT ON THE SUBJECT PROPERTY. FIVE. 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 THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IT APPEARS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE CONFIGURATION OF THE LOT. THE VARIANCE REQUEST IS NOT MERELY FINANCIAL END OF MOTION. SECOND. WE HAVE A SECOND BY COMMISSIONER MANNA AND COMMISSIONER BRAGMAN. UM, I'M GONNA BE SUPPORT OF THE MOTION. IT SOUNDS LIKE YOU'VE GOT A WELL PLANNED OUT, UM, CARPORT WITH GUTTERS ON BOTH SIDES AND NOT EXCEEDING THE FRONT, UM, SETBACK. SO, UM, I'LL BE IN SUPPORT. THANK YOU COMMISSIONER MANNA. I CONCUR WITH MY COLLEAGUE. ALL RIGHT. IS THERE ANY OTHER COMMISSIONS? LIKE TO ADD COMMISSIONER? UH, JUST WANNA CLARIFY. SO WE, IT IS A 22 BY 22 RIGHT THERE. THERE'S, THERE IS NO FRONT SETBACK, UH, ON THE, ON THE TABLE TODAY. ALRIGHT, THANK YOU. AND ALL RIGHT, WITH THAT IS ROLL CALL VOTE PLEASE. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNIGA. I CONCUR. WHAT'S THE FINDINGS OF FACT, MR. ALBERT? I CONCUR. MR. MANCHACA I CONCUR. MR. VAZQUEZ I CONCUR. MS. CRUZ I CONCUR. MS. KAPLAN I CONCUR. MR. OONA I CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. 10 TO ZERO. CONGRATULATIONS. YOU HAVE ANY QUESTIONS? UH, PLEASE GET WITH STAFF. CAN I SAY SOMETHING? UH, YES SIR. REAL QUICKLY. SO, SO WE, WE AGREED TO 22 BY 22. YES. UH, AND IT'S, OH NO, THAT, THAT'S FINE. I MEAN, I JUST WANTED TO MAKE SURE. SO, AND YOU CAN TALK TO STAFF. 'CAUSE ONE THING YOU COULD DO IS PUT A POST FIVE AND THEN HAVE A FIVE FOOT OVERHANG. SO THERE'S, YOU CAN GET ANOTHER FIVE FEET SOMEHOW. OH, . THANK YOU . THANK YOU. ALL RIGHT. ITEM NUMBER 10. ITEM NUMBER 10 IS, UH, BO O A 22 1 0 3 0 0 1 16. ADDRESS IS UH, 6 0 0 7 VIVA MAX IN COUNCIL DISTRICT SIX. APPLICANT IS GUADALUPE GARCIA. UH, QUEST IS FOR ONE, A ONE FOOT FOUR INCH SPECIAL EXCEPTION FROM THE FIVE FOOT MAXIMUM FENCE HEIGHT REQUIREMENT TO ALLOW PREDOMINANTLY OPEN FENCE TO BE SIX FEET, FOUR INCHES, AND TWO A FOUR FOOT FIVE INCH VARIANCE FROM THE 15 FOOT MINIMUM CLEAR VISION REQUIREMENT TO ALLOW FENCE TO BE 10 FEET, SEVEN INCHES FROM THE CURB. UH, THE ZONING IS RESIDENTIAL SINGLE FAMILY R SIX. UH, SUBJECT PROPERTY IS LOCATED AT 6 0 0 7 VEEVA MAX AND IT'S A SINGLE FAMILY RESIDENCE. UH, THE APPLICANT IS, HAS INSTALLED A PREDOMINANTLY OPEN, UH, FENCE AT SIX FOOT FOUR INCHES. AND THE FRONT FENCE IS CURRENTLY ENCROACHING ON THE CLEAR VISION AREA. HOWEVER, THE GATE IS ON A ROWING TRACK. UH, THIS IS A SITE PLAN SHOWING THE, UM, UH, CURRENT SETUP, UH, FOR THE FENCE. WRONG OBVIOUSLY MM-HMM. . UM, SO SUBJECT PROPERTY, UH, THIS IS SHOWING THE HEIGHT OF THE FENCE, THE, AS IT WAS MEASURED BY STAFF. AND THIS IS SHOWING THE ENCOURAGEMENT ON THE CLEAR VISION MEASUREMENT. THIS IS THE SUBJECT AREA. UH, THE RECOMMENDATION, UH, STAFF RECOMMENDS APPROVAL IN B O A 2 2 1 0 3 0 0 1 16 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THAT THE FOUR FOOT, SIX FOOT FOUR INCH FENCE WILL ADD IN HEIGHT, UM, WILL PROVIDE ADDITIONAL SAFETY AND SECURITY TO THE SUBJECT PROPERTY. UH, AND THEN FOR THE CLEAR VISION VARIANCE STAFF RECOMMENDS APPROVAL, UH, FOR BO O A 22 1 0 3 0 0 1 16 BASED ON THE FOLLOWING FINDINGS OF FACT THAT THE PREDOMINANTLY OPEN FENCE AND GATE IS 10 FOOT SEVEN INCHES FROM THE CURB. AND THAT THE GATE IS ON A ROLLING TRACK AND WILL NOT FURTHER IMPEDE INTO THE CLEAR VISION FIELD. THERE WERE 33 NOTICES MAILED OUT. ZERO AND IN FAVOR, ZERO IN OPPOSITION. UH, AND THE THUNDERBIRD HILLS ASSOCIATION IS IN OPPOSITION. UH, THAT CONCLUDES STAFF PRESENTATION AND I BELIEVE THE APPLICANT SHOULD BE PRESENT. HEY, BEFORE YOU GO, UM, I NOTICED THAT YOUR MEASUREMENT OF SIX FOUR WAS ON THE GATE PORTION OF IT. IS THE, THE NON GATE PORTION IN EXCESS OF FIVE FEET? UH, YEAH, THAT WAS MEASURED FROM THE HIGHEST POINT. IF YOU CAN GO BACK TO, SO THAT WAS FROM THE SPIKES THAT ARE GOING UP. SO THE NORMAL, UH, [02:25:01] GATE PORTION IS AT SIX FEET AND THEN WE JUST GO UP TO THE, THE HIGHEST POINT OF THE FENCE, WHICH IS ADDITIONAL FOUR INCHES. YEAH, I WAS GONNA ASK 'CAUSE THE REST OF THE FENCE THAT SURROUNDS IN THE FRONT YARD LOOKS TO BE BARELY FIVE FEET TALL. SO I WAS JUST, I WAS JUST CURIOUS THAT, THAT, UH, YOU KNOW, AS WE CONSIDER THIS TODAY, THAT, UM, IF SOMEONE WOULD WANTED TO JUST MAKE THE STATEMENT THAT THE EXCESS WOULD ONLY BE FOR THE GATE PORTION OF IT AS AS OPPOSED TO THE REST. I WAS JUST WONDERING IF THAT WAS SOMETHING THAT MAYBE Y'ALL HAD ADDITIONAL MEASUREMENTS ON. YOU COULD DO THAT IF YOU WANTED TO LIMIT IT. OKAY. THANK YOU. IS THE APPLICANT PRESENT? UH, SPEAKING, YOU HAVE MY PHONE. OKAY. IF YOU JUST STATE YOUR NAME, UH, THE MICROPHONE AND, AND LET US KNOW, UH, ABOUT YOUR CASE. HOW YOU DOING TODAY? MY NAME IS JAMES GOMEZ. QUESTION ON THE NAME ON THE APPLICATION. THE NAME IS WRONG. OKAY. WHAT IS, WHAT IS THE CORRECT NAME? UH, IT SHOULD BE GUADALUPE MACIAS NA GARCIA. OKAY. UM, STAFF, IS THERE ANY CONFLICT WITH THAT? UH, WITH, IF THERE WAS ANY, A TYPO ON THE SPELLING OF THE NAME? NO, IT'S JUST A TYPO IN THE, IN THE, THE NAME, BUT THE APPLICATION WAS, UM, AS SUBMITTED BY THE APPLICANT. OKAY. SO WE'RE, YEAH, WE'RE FINE IN THAT RESPECT. OKAY. UH, JUST TODAY I JUST WANTED TO SPEAK ABOUT DEFENSE. SO PRIOR FOR US BUILDING THE FENCE, IT'S BECAUSE WE HAD A COUPLE ROBBERIES. I HAVE A BUSINESS, I HAVE COMPANY TRUCKS THERE. I BRING MATERIAL IN AND COUPLE IN, I BELIEVE IN MARCH. THEY STOLE MY TAILGATE FROM MY KING RANCH TRUCK AND MY TOW LIGHTS STRAIGHT FROM THE DRIVEWAY, HAD CAMERAS, MOVED THE CAMERA OUT OF THE WAY, CAME IN, ATTACHED IT, THE NEIGHBOR IN FRONT OF MY HOUSE CAUGHT EVERYTHING ON CAMERA, COULDN'T DO ANYTHING ABOUT IT. POLICE SHOWED UP, COULDN'T DO ANYTHING ABOUT IT. UM, I HAVE A LITTLE SISTER, I JUST WANNA FEEL SAFE. I WANT TO HAVE, BE ABLE TO BRING MY MATERIAL HOME, NOT WORRY ABOUT ANYBODY TAKING MY STUFF AWAY. OKAY. I BUILT A FENCE. IT'S FIVE FEET, THE DIFFERENT SENSE. I'M ON A HILL, SO IT'S FIVE FEET GOING THIS WAY, FIVE FEET GOING THIS WAY. I JUST WENT THE SAME WAY ALL AROUND. UM, ON THE HILL IT'S FIVE FEET AS WELL. IT'S JUST DIFFERENT SIZE. OKAY. UM, I'M JUST GONNA ASK ON THE, ON THE PICTURES, IT LOOKS LIKE THE GATE IS, IS WHAT'S IN EXCESS, BUT THE REST OF THE FENCING IS FIVE FEET TALL, CORRECT? YES, SIR. UH, IT'S ALSO STANDING ON TOP OF, UH, THE ROLLING GATE PART. SO IT CAN ALSO ADD ANOTHER INCH. OKAY. DEPENDING ON, BUT, AND STAFF. CAN YOU, UH, UM, CLARIFY THAT, IS THERE ANY SORT OF, UM, ELEVATION, WHETHER IF THEY HOLD THE ELEVATION TOP OF THE, DO THEY GET THE TWO FEET LIKE YOU WOULD ON A SIDE AND REAR FENCE? ARE, ARE YOU TALKING ABOUT IN THE REAR OR IN THE FRONT? YES, IN THE FRONT. IS THERE ANY SORT OF, UH, EXCEPTIONS FOR ALLOWANCES FOR THAT? NO, THAT'S ONLY FOR THE, UH, SIDE IF THERE'S A FOUR FOOT ELEVATION DIFFERENCE. OKAY. THANK YOU. UM, WE'RE GONNA OPEN, IS THERE ANY, UH, PUBLIC COMMENTARY? THERE IS, UH, JAMIE GOMEZ GAMOS. OKAY. SO SIR, IF YOU COULD, UH, PLEASE TAKE A SEAT. WE'RE GONNA HEAR FROM, UH, SOMEONE WHO SIGNED UP TO SPEAK AND THEN WE'LL BRING YOU BACK UP FOR QUESTIONS. THAT IS ACTUALLY, I APOLOGIZE, JAIME, RIGHT? UH, THAT'S MY DAD. OH, OKAY. BUT MY MOM PUT IT ON 'CAUSE IT WAS OKAY. OKAY. ALRIGHT, SO THEN WE'LL OPEN IT UP FOR QUESTIONS. ANY COMMISSIONER QUESTIONS? MANNA COMMISSIONER MANNA. SO, UH, AGAIN, SO IF I COULD READ WHAT THE NEIGHBORHOOD SAID ABOUT IT, I'D LIKE TO SEE WHAT THEY SAID. 'CAUSE IT'S, I THINK THEY WERE IN OPPOSITION. AND THEN THE SECOND THING, UH, FOR THE APPLICANT HERE, SO, UM, SO, SO LOOKING AT THE FRONT FENCE, UH, AT THE GATE, IT, IT, IT LOOKS LIKE IF I'M FACING THE HOUSE, UM, THE PORTION OF THE FENCE TO THE RIGHT OF THE GATE APPEARS LOWER THAN THE, UM, THE HEIGHT OF THE FENCE TO THE LEFT OF THE GATE. AND SO WE'RE, SO PART OF THE DIALOGUE HERE, YOU KNOW, WE MAY COME TO TALK ABOUT IS, IS, UM, POTENTIALLY PERMITTING OR, OR GIVEN THE EXCEPTION ON THE GATE HEIGHT ITSELF VERSUS THE FENCE. AND SO IS THE FENCE ON THE LEFT, IS IT AT FIVE FOOT? YES, SIR. UH, CAN I PAUSE PLEASE? IS IT, IT'S JUST OPTICAL ILLUSION. I'M LOOKING AT, I SAID SAW THE SAME THING. UH, THAT COMMISSION. SO ON THIS, WHEN WE, WHEN MY TRUCK GOT ROBBED, IT WAS PARKED, MY MOM'S CAR WAS IN THE SHOP BECAUSE SHE JUST GOT INTO AN ACCIDENT. SO, UM, SHE WAS, THE TRUCK WAS BEHIND HERE, NEVER HAD A PROBLEM WITH ANY OF MY VEHICLES. SO THE GUY PARKED IN MY NEIGHBOR'S DRIVEWAY WHILE HE WAS THERE, CAME ALL THE WAY RIGHT HERE. THERE'S A CAMERA RIGHT ABOUT RIGHT HERE. TURNED IT. SO IF I WOULD'VE LEFT THIS SIDE SHORTER, THAT HEIGHT'S ALREADY LEVEL LEVELED. SO ALL YOU HAVE TO DO IS JUST STEP, THAT TRUCK WAS, UH, HAD A LIFT KIT ON IT AND IT WAS TALL. I HAD CINDER BLOCKS RIGHT HERE. HE GRABBED THOSE CINDER BLOCKS, MOVED IT, TOOK THE TAILGATE OFF, POPPED IT OPEN, CUT IT TO THE TAIL LIGHTS, CUT IT. AS SOON AS HE CUT THAT ASS WIRE ALARM SOUNDED GUY RAN AND DROVE OFF. WE HAD SIM [02:30:01] WE HAVE MULTIPLE PROBLEMS WITH THIS NEIGHBORHOOD BECAUSE WE'RE IN A BUSY STREET. IT GOES STRAIGHT LIGHT TO STRAIGHT LIGHT. WE HAVE PEOPLE ON THIS SIDE PARK ALWAYS AND ALWAYS LOOKING THREE IN THE MORNING, FOUR IN THE MORNING, FIVE IN THE MORNING, ALWAYS STOPPING. SO THIS FENCE IS GIVING ME A LITTLE BIT OF MORE PROTECTION. I DIDN'T WANT TO LEAVE IT TOO SHORT BECAUSE THEY, THEY FIND A WAY IF IT'S ON THIS SIDE, THEY CAN JUMP EASILY. WELL WHAT, ONE OF THE THINGS THAT'S, THAT'S BEFORE US IS, IS YOU'RE, THERE'S A VARIANCE ON THE TABLE FOR THE FENCING THAT'S IN THE FRONT OF YOUR HOME. MM-HMM. THAT'S ON THE SIDE, THE FRONT, THE OTHER SIDE IN THE FRONT PLANE OF THE HOUSE. OKAY. AND WE JUST WANNA MAKE SURE WE'RE CLEAR ON WHAT THE HEIGHTS ARE. YES. SO OF WHAT YOU BUILT AND WHAT YOU WANT. SO ON THIS SIDE IS FIVE FEET. RIGHT HERE IS FIVE FEET. THIS IS FIVE FEET. AND THIS IS FIVE FEET. SO IF YOU GO ALL AROUND IT, THE ONLY DIFFERENCE IS, IS THE HOUSE NEXT DOOR TO ME, IT'S ON A HIGHER LEVEL, I GO LOWER AND THEN NEXT DOOR LOWER. SO BASICALLY WHEN IT RAINS, WATER COMES ALL THE WAY DOWNHILL AND IT JUST ALL CLOSED. BUT THE FE BUT THE FENCING'S, ALL THE, IT'S ALL FIVE FEET. EXCEPT FOR THE GATE ITSELF. YEAH, JUST THE GATE. JUST BECAUSE OF THE WHEELS. THAT'S THE ONLY SITUATION THE WHEEL ADDED. IT'S A PRETTY GOOD SIZE WHEEL. SO I PICKED UP THE FENCE, BUT BEFORE THE FENCE WE DID IT, IT'S FIVE FEET AND EVERYTHING. IT'S JUST THE WHEELS PICKED IT UP. ALL RIGHT. THANK YOU. UH, DOES THAT ANSWER YOUR QUESTION? COMMISSIONER? MANNA? UH, WAITING, WAITING FOR THEM TO BRING UP THE TEXTS FROM THE, UM, NEIGHBORHOOD. SO I CAN SEE THAT TOO. SORRY. UH, WE'RE NOT GONNA HAVE THAT ONE AVAILABLE. UM, THE PLANNER WHO HAD THIS CASE HAD AN EMERGENCY AND WAS NOT ABLE TO BE HERE. SO WE DON'T HAVE ACCESS TO HIS EMAIL OR HIS DOCUMENT. BUMMER. OKAY. DID THE, WAS THERE, WAS IT, THERE WAS AN EMAIL, IT WASN'T JUST A PHONE CALL OR A LETTER OR IS THERE ANY RECOLLECTION? I'M NOT CLEAR ON WHAT KIND OF DOCUMENT IT WAS. OKAY. WE JUST NOTED IT FOR THE RECORD. OKAY. THANK YOU. UM, ANY OTHER COMMISSIONER QUESTIONS? YES, MS. ZUNIGA. I SEE I LIVED IN THERE, SO VERY GOOD. BUT THE THING IS, ON THE RIGHT HAND SIDE, YOU SAY IT'S STILL FIVE FEET? YES SIR. AND THE GATE IS FIVE FEET, BUT IT, IT'S A, THE CONTOUR THEN IT JUST, THE THE, THE WHEEL IS WHAT BROUGHT IT UP. WE MEASURED IT WHEN WE MEASURED IT BEFORE WE PUT ANYTHING UP. OKAY. WE MEASURED IT TO BE FIVE FEET. THE ONLY DIFFERENCE IS, IS THAT WHEN WE PUT THE WHEELS ON IT, IT KIND OF LIFTED UP HIGHER. YEAH. I WAS JUST WONDERING IF WE WERE ASKING FOR OUR AREAS TO PUT ALL OF THE FENCE TO, WELL, NOW YOU'RE TELLING, UM, SO YOU'RE SATISFIED WITH THAT? I'M SATISFIED WITH THAT. OKAY. THE PROBLEM WAS, IS WHEN WE FIRST BEGAN TO DO THE FENCE, WE WANTED TO DO PRIVACY. SO WE WOULDN'T HAVE NO PROBLEM. BUT IF WE SPOKEN TO MR. VINCENT, HE SAID IT HAS TO BE SEE THROUGH. SO WELL, WE'LL JUST MAKE IT ALL SEE THROUGH AND JUST MAKE IT FIVE FEET. UH, THE ONLY SITUATION WAS I DIDN'T WANNA MAKE IT TOO SHORT WHERE IT WAS ABLE PEOPLE STILL COME IN AND STILL ABLE TO, UM, I EVEN, UH, CUT A PIECE KIND OF LIKE A GRILL ON THE BOTTOM SO I CAN LET ALL MY DOGS OUT AND ORDER IT. JUST ADD THAT EXTRA PROTECTION IF MY DOGS BARK, IF MY CAR ALARM SOUNDS AT LEAST HAVE THE PROTECTION ANNOYING A SOMEONE'S TRYING TO BREAK IN. SO THAT'S THE REASON I WANTED THE FENCE. JUST LEAVE THE LIGHTS ON. YES, SIR. . THANK YOU. WE WERE ABLE TO ACCESS THAT LETTER. YOU'LL, YOU'LL SEE IT ON THE SCREEN. WE GO. THANK YOU. SO IT LOOKS LIKE THEY'RE OKAY WITH THE FENCE SIDE IF THEY'RE JUST AGAINST A, A SETBACK REQUIREMENT. WAS THERE EVER A SETBACK, UH, ISSUE ON THE TABLE WITH THIS? IT IS JUST A CLEAR VISION. THERE'S NO SETBACK. OKAY. ALL RIGHT. THANK YOU COMMISSIONER MANNA, DO YOU HAVE ANY OTHER, UH, QUESTIONS? NO. NO. OKAY. ANY OTHER COMMISSIONER QUESTIONS? UH, HEARING NONE, WE'RE GONNA GO AHEAD AND, UH, ASK FOR A MOTION AND MAKE A DECISION. I'M LOOKING FOR A MOTION PLEASE. MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BOA 2 2 1 0 3 0 0 1 1 6. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A ONE FOOT FOUR INCH SPECIAL EXCEPTION FROM THE FIVE FOOT MAXIMUM FENCE HEIGHT, SPECIFICALLY FOR THE GATE. UH, TO ALLOW A PREDOMINANTLY OPEN FENCED, UH, GATE TO BE SIX FOOT FOUR INCHES, UH, TO A FOUR FOOT FIVE INCH VARIANCE FROM THE 15 FOOT MINIMUM CLEAR VISION REQUIREMENT TO ALLOW OFFENSE TO BE 10 FOOT SEVEN INCHES FROM THE CURB SITUATED AT 6 0 0 7 VIVA MAX. APPLICANT BEING GULE, UH, MACIAS GARCIA, I THINK. IS THAT WHAT YOU OH, MACIAS. MACIAS. OKAY. UH, BECAUSE THE PROP, UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH, UH, THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, [02:35:01] THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE VARIANCE, UH, REQUEST IS TO ALLOW FENCE TO BE 10 FOOT SEVEN INCHES FROM THE FRONT PROPERTY LINE, WHICH PROVIDES ADEQUATE SPACING BETWEEN THE NEW FENCE AND THE CURB. IN ADDITION, THE GATE WOULD BE LIMITED TO A HEIGHT OF SIX FOOT FOUR INCHES, AS IS, AS IT IS PREDOMINANTLY OPEN. UM, TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE IT WOULD RESULT IN THE, UM, UM, GATE HAVING TO BE REDUCING HEIGHT TO, UH, MEET THE MAXIMUM SIX FOOT HEIGHTS REQUIREMENT FOR PREDOMINANTLY OPEN FENCE, UH, AND A 15 FOOT CLEAR VISION REQUIREMENT. THE GATE WOULD ALSO NEED TO MOVE, UH, TO MEET, OR THE FENCE WOULD NEED TO MOVE TO MEET THE 15 FOOT CLEAR VISION REQUIREMENT. UH, THE UNNECESSARY HARDSHIP IS DUE TO THE SIZE OF THE LOT AND, UH, LIMITED SPACE OF THE FRONT YARD. UH, THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS, UM, THE, UH, FENCE WILL ALSO ASSIST IN, UH, UM, ADDING ADDITIONAL SECURITY TO THE PROPERTY AND SURROUNDING AREA. THE FOUR FOOT FIVE INCH, UH, TO THE CLEAR VISION REQUIREMENT OF 15 FOOT OBSERVED THE SPIRIT OF THE ORDINANCE AS THE FENCE IS PREDOMINANTLY OPEN AND THE GATE IS ON A RULING TRACK AND WILL NOT FURTHER IMPEDE INTO THE CLEAR VISION FIELD. FOUR, 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 AS THE PROPERTY IS ZONED. R SIX AND THE USE OF THE PROPERTY IS A SINGLE FAMILY DWELL FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST FOR A FOUR FOOT FIVE INCH VARIANCE TO THE CLEAR VISION FIELD WILL NOT INJURE ADJACENT PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. DEFENSE LINE IS CONSISTENT WITH OTHERS IN THE IMMEDIATE AREA. SIX PLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. IT APPEARS THAT THE P TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. SUCH AS, SUCH AS THE SIZE OF THE LOT. THE VARIANCE, UH, REQUEST IS NOT MERELY FINANCIAL AND THE MOTION. SECOND, SECOND. A SECOND BY COMMISSIONER CRUZ. COMMISSIONER MANNA. UM, YES, I'LL BE, UM, UH, SUPPORTING THIS AMENDMENT, YOU KNOW, UM, UM, AS AMENDED TO BE JUST, UH, SPECIFIC TO THE GATE. AND, YOU KNOW, AS I, UH, GOOGLE DRIVE AROUND THE COMMUNITY, I DO SEE THAT, UH, I AGREE WITH THE, UM, POSITION, UM, UM, STAFF HERE THAT THERE ARE MANY, UH, OTHER FENCES, UH, THAT ACTUALLY ARE SIMILAR SPACE, UH, FROM THE FRONT OF THE HOUSE. SO, UM, ALSO, UM, THUNDERBIRD HILLS REALLY DIDN'T HAVE AN ISSUE WITH THE, UM, WITH THE HEIGHTS OF THE FENCE. SO THEREFORE I'LL BE ON HIS MOTION AS I READ COMMISSIONER CRUZ. UM, I AGREE WITH MR. MANNA AND, UH, I THINK, UH, IT DOES DO GOOD FOR THE PROPERTY AND IT SHOWS OFF THE PROPERTY VERY NICELY. THANK YOU. THANK YOU. UM, I'D LIKE TO ASK, UH, THE, THE MAKER OF THE MOTION, CAN YOU, CAN YOU AMEND TO INCLUDE THE, THE GATE SUPPORT POSTS? I DUNNO IF THAT'S IMPLIED OR HOW THAT'S LOOKED AT, BUT SURE. I, I WOULD'VE IMPLIED THAT, BUT, BUT YEAH, THAT'S FINE WITH ME IS TO INCLUDE THE GATE POST. UM, SO, UH, 'CAUSE YOU CERTAINLY WOULD WANT NOT THE FENCE, THE GATE TO FALL OVER, SO I'D ASSUME IT'D BE THE SAME HEIGHT. SO, YES. THANK YOU. UH, COMMISSIONER CRUZ, IS THAT OKAY? YES, SIR. ALL RIGHT, AWESOME. UH, IS THERE ANY OTHER, UH, UH, COMM IS THERE ANY COMM ANY COMMISSIONER, UH, COMMENTARY? ADDITIONAL COMMENTARY? YEAH. ALRIGHT. ZUNIGA. COMMISSIONER ZUNIGA? YEAH, I'M GONNA VOTE FOR IT. UH, I'M SORRY THAT HAPPENED TO THE GENTLEMAN HERE. UH, SINCE WE HAVE A POLICE STATION RIGHT NEXT TO, BUT, UH, GOOD LUCK AND KEEP SAYING THANK YOU SIR. BYE. YEAH. SO, UM, WE HAVE A MOTION FOR, UM, OF SIX FOOT FOUR HEIGHT VARIANCE ON A PREDOMINANTLY OPEN GATE AND SUPPORT POST, UM, STAFF, PLEASE TAKE A ROLL CALL. VOTE MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. I CONCUR. MR. ZUNIGA. I CONCUR. MR. ALBERT. I CONCUR. MR. MANCHACA. I CONCUR. MR. VASQUEZ. I CONCUR. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. I CONCUR. MR. OZUNA. I CONCUR. CHAIR ORIAN I'LL CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. 10 TO ZERO. CONGRATULATIONS. THANK YOU, SIR. YOU HAVE ANY QUESTIONS? YOU CAN TALK TO STAFF. THANK YOU. THANK YOU. ALRIGHT, LAST CASE. OKAY, NUMBER 11. I'M NUMBER 11. IS BO O A 22? UH, 1 0 3. 0 0 1 17. UH, LOCATED AT 50 KANSAS AND COUNCIL DISTRICT TWO APPLICANT IS GLORIA SANCHO. AND THIS IS A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL, UH, TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE. UH, THE ZONING FOR THIS IS RESIDENTIAL MIXED. UH, SUBJECT PROPERTY IS LOCATED EAST OF THE ALMO DOME NEAR THE SOUTHEAST [02:40:01] CORNER OF KANSAS AND SOUTH CHERRY STREET. UH, THE PROPERTY CURRENTLY HAS ONE NEWLY CONSTRUCTED SINGLE FAMILY DWELLING AND SURROUNDING USES INCLUDE SINGLE FAMILY RESIDENTIAL HOMES, UH, MIXED DENSITY, AND AN INDUSTRIAL UH, WAREHOUSE. THERE'S CURRENTLY ONE OTHER TYPE TWO PERMIT, UH, ISSUED DOWN THE STREET FROM THE SUBJECT PROPERTY. AND THIS IS THE ONLY TYPE TWO S T R PERMIT ISSUED FOR THE BLOCK FACE. UH, THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW THE OPERATION OF ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL UNIT. UH, IN ADDITION TO THE ONE THAT'S CURRENTLY PERMITTED. UH, THIS IS THE SUBJECT PROPERTY. UH, I DON'T KNOW IF YOU CAN SEE, BUT THE ONE ON THE BLOCK FACE IS, UH, 54 KANSAS. UH, THIS IS THE FOUR PLAN THAT WAS SUBMITTED. UH, THIS IS PART OF THE S T R PERMIT. THERE'S ADDITIONAL DETAILS THAT NEED TO BE INCLUDED, BUT THAT'S, UH, WHERE, WHERE IT'S AT RIGHT NOW. AND THEN THE NEXT FEW SLIDES, THIS IS THE SUBJECT PROPERTY. UH, SO THIS IS THE ADJACENT PROPERTY ON THE EAST SIDE. UM, THIS IS ACTUALLY 54 KANSAS. UM, THE SHORT-TERM RENTAL PERMIT WAS APPROVED, UH, ON THE BASIS OF LIKE APPROVED, UM, RESIDENTIAL BUILDING PLANS. AND THEN THIS IS SHOWING THE MAIN ENTRANCE, UM, THE MAIN POINT OF ACCESS FOR THOSE, UH, PROPERTIES FACING THIS, UH, RIGHT OF WAY, WHICH IS CONSIDERED KANSAS. AND THEN THIS IS A NORTH VIEW, UH, ACROSS FROM THOSE, UH, 50 AND 54 KANSAS, UH, STAFF RECOMMENDS, UH, DENIAL BA ON, UH, OF BO O A 2 2 1 0 3 0 0 1 17 BASED ON THE FOLLOWING, FINDING OF FACT THAT THERE'S CURRENTLY, UH, ONE TYPE TWO SHORT-TERM RENTAL PERMIT ON THAT BLOCK FACE. UH, 19 NOTICES WERE MAILED OUT, NONE WERE RETURNED IN FAVOR OR OPPOSITION AND THERE WAS NO RESPONSE FROM AN ALMA DOM'S GARDEN. ALMA DOM GARDENS NEIGHBORHOOD ASSOCIATION. UH, THAT CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT. THANK YOU. YOU PLEASE STATE YOUR NAME AND BEGIN YOUR PRESENTATION PLEASE. GOOD AFTERNOON. BOARD MEMBERS. MY NAME'S GLORIA SANCHO. UM, FIVE ZERO KANSAS STREET. THANK YOU. I'M SHORT . AND, UM, I, UM, BOUGHT THIS PROPERTY WITH THE INTENTIONS OF, UM, UM, FUTURE DOWNSIZING AND MAKING THIS, UM, OUR, UH, RETIREMENT HOME. 'CAUSE IT'S JUST A ONE BEDROOM. IT'S A SMALL HOME. AND, UH, ALSO TO BE CLOSE TO MY CHILDREN. AND, UM, NOT KNOWING, UH, I WENT AHEAD AND PURCHASED THIS PROPERTY. I FELT I WAS GOING TO MAKE A CONTRIBUTION TO THE NEIGHBORHOOD, INCREASE ITS VALUE. AND UM, SO I JUST CONTINUED TO REHAB THE, THE PROPERTY. AND SO WHEN I CAME TO INQUIRE ABOUT GETTING THE S T R PERMIT, I WAS TOLD THAT I COULDN'T GET IT BECAUSE OF THE DENSITY. AND AT THAT POINT IN TIME, I DIDN'T UNDERSTAND WHAT THAT WAS EITHER. SO, UH, I WAS EXPLAINED THAT BECAUSE MY NEIGHBOR, WHICH IS AN EMPTY LOT, AND IT'S BEEN EMPTY ALL THIS TIME, UH, THEY GOT AN S T R. AND SO I TRULY FEEL THAT IT'S, IT'S NOT FAIR FOR ME THAT I CAN'T GET ONE BECAUSE, UM, JUST BECAUSE THEY HAVE ONE. UH, MY PROPERTY IS ACTUALLY LIKE AN ALLEY. OKAY. 'CAUSE THE NEIGHBORHOOD, THAT STREET CONTINUES ACROSS MESQUITE STREET AND THAT IS WHAT I CALL THE NEIGHBORHOOD, YOU KNOW, UM, THERE'S HOMES ON BOTH SIDES OF THE STREET. SO ON, ON MY PROPERTY, IT'S AN ALLEY. IT'S THE ONLY HOME THERE. UH, AS YOU SAW THE PICTURES TO, TO MY RIGHT IS THAT EMPTY LOT IN FRONT OF ME IS THAT EMPTY LOT. AND TO THE OTHER SIDE IT'S THE PARKING LOT TO THE BUSINESS AT THE END OF THE STREET. SO THE ALLEY HAS, UM, ENTRANCE BOTH WAYS. 'CAUSE WHEN, WHENEVER THERE'S EVENTS THEY'LL CLOSE UP CHERRY STREET. SO YOU CAN COME AROUND MESQUITE STREET. AND SO, UH, PRETTY MUCH, UM, THAT'S WHAT I'M HERE FOR. I HOPEFULLY YOU TAKE THAT INTO CONSIDERATION AND HOPEFULLY I CAN GET THAT. S T R THANK YOU VERY MUCH. MM-HMM. , I, I AM ASSUMING NO ONE HAS SIGNED UP TO SPEAK. IS THERE ANY VOICEMAILS OR ANYTHING? NO, SIR. OKAY. UM, I I, I HAVE A, I I HAVE TO ASK A TECHNICAL QUESTION TO STAFF. IT, IT, SO STAFF WILL, UH, UM, THE CITY WILL ISSUE AN S T R TYPE TWO PERMIT ON A VACANT LOT. ACTUALLY. IT'S, UM, ISSUED BASED ON THE BUILD AN ACTIVE BUILDING PERMIT. AND SO WE WERE INSTRUCTED BY THE CITY ATTORNEY'S OFFICE THAT IF THERE IS AN ACTIVE PERMIT, THEN YES, UM, WE CAN EVALUATE A PERMIT FOR SHORT, SHORT-TERM RENTAL. OKAY. CAN, CAN YOU GIVE US SOME HISTORY, UH, UM, [02:45:01] OF WHEN THAT WAS S D R TYPE TWO WAS GRANTED ON THE NEIGHBOR AND WHAT THEIR, WHAT'S GOING ON WITH THE PERMIT? BECAUSE IF IT'S DORMANT FOR MORE THAN SIX MONTHS, DOESN'T ALL THIS GO AWAY? THAT'S CORRECT. OKAY. WELL, I, I KNOW THAT THE, UH, THE BUILDING PERMIT SIDE OF IT, IF IT'S DORMANT FOR SIX MONTHS, UH, THAT DOES THE, UM, THE OTHER ONE IS BASED OFF OF WHETHER OR NOT THEY'RE PAYING HOT TAXES. UM, AS FAR AS 54 KANSAS, UM, THEY WERE APPROVED, I BELIEVE IN 2020. SO THEY'RE STILL ACTIVE AND THEY HAVE BEEN FILING, UM, $0 FOR THEIR HOT TAXES. BUT, BUT, UH, BUT THEY WERE GIVEN THE S D R TYPE TWO BASED ON AN ACTIVE BUILDING PERMIT FROM 2020, CORRECT? YEAH. SO, UH, THIS ISN'T A SITUATION THAT WE'VE RUN INTO BEFORE. SO BEING ABLE TO REVOKE BASED ON THAT IS NOT SOMETHING THAT WE'VE DONE IN THE PAST. WELL, SO IT'S, BUT THE PERMIT'S GOOD FOR THREE YEARS AND SO NEXT YEAR THEIR PERMIT, IF THEY DON'T HAVE THAT HOUSE, ACTUALLY, UH, I'M JUST TRYING TO FIGURE OUT HOW THIS AFFECTS THE RIGHTS OF THE NEIGHBORING PROPERTY OWNER. AND SO CAN YOU, YOU PLEASE LOOK UP RIGHT, I SEE WHERE I SEE WHERE YOU'RE GOING. YEAH. CAN YOU PLEASE LOOK UP 54 KANSAS AND AND LET ME KNOW IF THEIR, THEIR PERMIT HAS SEEN, HAS SEEN ANY ACTIVITY IN THE LAST SIX MONTHS? I I THINK THE, THIS COMMISSION WOULD LIKE TO KNOW, YOU KNOW, JUST BEFORE WE RENDER A DECISION. SURE. NO, AND I THINK THAT, UM, DEFINITELY WITHIN THAT, THAT IT WOULD EXPIRE WITHIN THREE YEARS OF, OF ISSUANCE AS FAR AS THE SS T R GOES. BECAUSE EVEN THOUGH THEY WERE, THEY WERE THE FIRST APPLICANT AND THEY WERE AWARDED IT BECAUSE, YOU KNOW, THAT WOULD BE THE FIRST ONE. IF THIS WERE TO BE GRANTED TODAY, WHEN THAT THREE YEARS IS UP, WOULD THEY BE CONSIDERED GRANDFATHERED IN, LOCKED IN STILL? NO. NO. OKAY. ALL RIGHT. THAT'S GOOD INFORMATION. SO WHILE WE'RE UH, WAITING FOR, FOR SOME RESEARCH, IS THERE ANY QUESTIONS FOR, ARE THIS APPLICANT, I JUST WANNA QUOTE YOU COMMISSIONER CHAPLIN, BECAUSE I, THAT WAS, WHAT I WAS THINKING WAS HOW CAN NEIGHBOR WITH VACANT LOT BE THE SSD HAVE THE RENTAL THREE YEARS AND THEN AFTER NEXT YEAR, IF HE DOESN'T HAVE IT BUILT, IT GOES AWAY. RIGHT. SO MY LINE OF QUESTIONING WAS, IS BEFORE YOU CONTINUE, WAS THAT, UM, HOT TAX WAS APPLIED FOR, THEY HAD AN ACTIVE BUILDING PERMIT. THEY WERE GRANTED AN S T R. THE S T R HAS A THREE YEAR SHELF LIFE, BUT PERMITS WITHOUT ACTIVITY FOR SIX MONTHS BECOME DORMANT. THEY GO AWAY. AND SO IF THE, IF THE REASON WHY THEY'RE GRANTED IF THE SECOND, BUT THAT DOESN'T MEAN THE S D R PERMIT AUTOMATICALLY GOES AWAY 'CAUSE THAT HAS A THREE YEAR LIFE. HOW LONG IS A THREE YEAR? A THREE YEAR LIFE? BUT IT'S JUST INFORMATION I THINK WE'D LIKE TO KNOW. UM, BUT STAFF, I'M SORRY TO IF WE GRANT OKAY. YEAH. IF, IF, SO IF WE GRANT A SECOND ONE AND THE FIRST ONE GETS BUILT IN THE NEXT SIX MONTHS, THEN WE HAVE TWO ON THE BLOCK. UH, WELL THEN, BUT WHEN THEIR PERMIT COMES BACK UP, IT WOULDN'T, IT, THIS IS NEW. AS STAFF HAS MENTIONED, UM, WHAT WILL END UP HAPPENING IS, IS IF THE BASIS OF AN S D R PERMIT WAS ISSUED, AND MAYBE, AND, AND HOPEFULLY YOU CAN ALLUDE TO SOME OF THIS, IF THE BASIS WAS THE FACT THAT THEY HAVE AN ACTIVE BUILDING PERMIT, ONCE A BUILDING PERMIT GOES AWAY, ARE THEY A, DO THEY HAVE A RIGHT, EVEN IF THEY BUILD A HOME WITHIN THE THREE YEAR WINDOW, DO THEY HAVE AN AUTOMATIC RIGHT TO GET THEIR SDR TWO TYPE TWO? AND THAT'S A GREAT QUESTION. I'VE NEVER HAVE HEARD OF THIS BEFORE PERSONALLY. SO WE'RE LOOKING FOR ANY INSIGHT. I'M SORRY. PLEASE PROCEED. SO, UM, I WAS, WE WERE JUST DOUBLE CHECKING ON THE, THE PERMITS. SO THE ACTUAL PLAN REVIEW WAS COMPLETED IN MARCH OF THIS YEAR. UM, IT WAS ON HOLD I GUESS THROUGH COVID. UM, BUT TO YOUR QUESTION, TO YOUR POINT, UM, AS SOON AS THE ONE THAT WAS ORIGINALLY THERE EXPIRES, IF THEY DON'T RENEW IT OR IF THOSE BUILDING PERMITS HAD EXPIRED AND THEN THEY APPLY FOR A RENEWAL, THEY WOULDN'T BE GRANTED THAT UNLESS THEY HAD, OR EVEN IF THEY HAD BUILDING PERMITS BECAUSE AT THAT POINT THEY'D BE EXCEEDING THE DENSITY. SO THEY WOULD HAVE TO APPLY FOR THEIR OWN SPECIAL EXCEPTION. SO IT'S NOT AUTOMATIC, THE FACT THAT THEY WERE FIRST AT IN LINE, THEY STILL WOULD BE CONSIDERED THE SECOND ONE 'CAUSE OF FIRST, BECAUSE IF WE APPROVE THIS ONE TODAY, THEY WOULD BE CONSIDERED THE SECOND ONE WHEN THEIRS GETS RENEWED. CORRECT. YEAH. AND IF THEY, LET'S SAY YOU WERE TO APPROVE THAT ONE WHEN THIS ONE COMES AROUND IN THREE YEARS, THEY WOULD HAVE TO APPLY FOR ANOTHER VARIANCE. ALRIGHT. YEAH. LET ME, LET ME CLARIFY THAT THEN. 'CAUSE NOW I'M REALLY CONFUSED. OKAY. , I, I I THINK WE ALL ARE CONFUSED. UM, IF WE GIVE, UM, MS. SANCHO A PERMIT TODAY, WE STILL HAVE AN ACTIVE PERMIT, UH, NEXT DOOR. AND THE QUESTION IS, WHEN EXACTLY DOES THE NEIGHBOR LOSE HIS PERMIT? WHEN, WHEN WAS THAT S D R ISSUE? WHEN IS, WHEN IS IT ACTUALLY GONNA GO AWAY? YEAH. WHAT IS THE, WHAT IS THE DATE THAT IT WAS, WHEN DID IT EXPIRE? IT WAS 2023. WE'LL GET AN EXACT DATE. [02:50:11] IT WOULD BE MAR MARCH OF 2023 IF THE BUILDING PERMIT WAS ENTERED SEVEN MONTHS. OKAY. CAN WE ASK MS SAN TO COME BACK? CAN WE DELAY THIS TILL NEXT MARCH SO THAT WE KNOW FOR SURE THAT THERE'S NO, NO. OKAY. THERE'S A, YEAH, WE WANNA BE CAREFUL WITH THAT. UH, ONLY BECAUSE THE, SOME OF THE RULES ARE THAT COUNCIL IS GONNA BE VOTING ON IN NOVEMBER AFFECT WHAT HAPPENS WHEN YOU ARE EXCEEDING THE 12 POINT A HALF PERCENT AND CERTAIN RIGHTS FOR PEOPLE WHO WERE APPROVED PRIOR TO THE ENACTMENT IN OF JAN, PRIOR TO JANUARY 1ST. IF THIS PASSES JANUARY OF 2023, IF COUNCIL APPROVE SOME OF THE U D C AMENDMENTS THAT WE WENT THROUGH, ONE OF THE AMENDMENTS WOULD SAY THAT IF YOU ARE EXCEEDING THE 12.5% AND YOU HAD AN ACTIVE PERMIT, THERE'S THERE'S SOME CONTINUITY THAT'S AVAILABLE TO YOU THAT THAT WOULDN'T HAPPEN. YOU MEAN THAT THE NEIGHBOR COULD GO PAST THE 2020? WELL, IF THEY'D STILL HAVE TO GET APPROVED BECAUSE THEY DON'T HAVE A HOUSE YET. SO THAT'S, BUT THEY, IF THEY BILL WANTS. SO WHAT YOU'RE SAYING IS THAT IF THE COUNCIL APPROVES THIS AMENDMENT, THAT EVEN IF THE NEIGHBOR HASN'T BUILT, HE STILL MIGHT BE ABLE TO HOLD ON TO HIS PERMIT S D R PERMIT. AND, AND THERE'S, AND HOW THAT GETS APPLIED IS STILL QUESTIONABLE. I'M, I'M, I'M COMING FROM MEMORY, BUT THERE MIGHT BE SOME RIGHTS OF, UM, ATTACHED TO THIS APPROVAL TODAY. THAT MAY NOT HAPPEN AFTER JANUARY 1ST. AND, AND AGAIN, I'M NOT, I DON'T RECALL THE SPECIFICS OF OF THAT U D C AMENDMENT. I JUST RECALL THERE BEING SOMETHING IN THERE. BUT, UH, IF ANYTHING, IF ANY, ANY INFORMATION STAFF WOULD LIKE TO ADD, AND I DON'T WANNA START SPECULATING AND ON THIS, RIGHT, SO IF THE APPLICANT HAS, UM, SOME TIME, I WOULD LIKE TO ACTUALLY DO MORE RESEARCH ON THIS ONE. I APOLOGIZE. I THOUGHT WE HAD THE INFORMATION, BUT IT LOOKS LIKE IT WAS ISSUED IN MARCH. SO IF IT DOES GET A THREE YEAR PERMIT, THEN THAT'S A LONG TIME FROM NOW. UM, SO LET US GO BACK TO THE TABLE WITH THIS ONE. TAKE IT TO THE ATTORNEYS, MAKE SURE THERE'S NOT ANOTHER COURSE OF ACTION, AND THEN, UM, THAT WAY WE CAN OKAY. IN A MORE EDUCATED WAY, ADDRESS HER SHORT TERM RENTAL REQUEST. SO WHAT, SO WE STILL HAVE, UM, AN ITEM ON OUR AGENDA. IF THIS COMMISSION WOULD LIKE TO, UH, CONTINUE THIS, I WOULD LIKE TO HEAR FROM THE APPLICANT IF YOU COULD PLEASE COME FORWARD. UM, YOU KNOW, EXCUSE ME, I JUST WANTED TO, UH, ADD ON THAT MY PROPERTY WAS AN ESTABLISHED HOME. I DIDN'T BUILD IT, I REHABBED IT. YEAH. THIS, THIS COMMISSION COULD STILL MOVE FORWARD WITH THE DECISION TODAY. OH, OKAY. BUT YOU KNOW, IF WE MAKE A DEC, IF, IF WE RENDER A DECISION AND IT'S NOT IN YOUR FAVOR, THEN THERE'S A, A YEAR WAIT BEFORE YOU CAN COME BACK AND I JUST, YOU KNOW, I WANT TO HEAR WHAT WOULD YOU PREFER. MM-HMM. WOULD YOU LIKE US TO RENDER TO, TO MOVE FORWARD WITH A DECISION TODAY ONE WAY OR ANOTHER? OR WOULD YOU LIKE TO HAVE STAFF DO ADDITIONAL RESEARCH TO SEE IF THERE'S ANYTHING THAT COULD POTENTIALLY HELP YOUR CASE? WELL, DEFINITELY ANYTHING THAT'S GONNA HELP MY CASE, YES. OKAY. WHEN'S AS SOON AS THAT THIS CASE COULD COME BACK, COULD IT DO TWO WEEKS? UH, WELL, WE'LL HAVE TO READ PUB. WELL, NO, IT'S A, IT'S ALREADY PUBLISHED, SO YEAH, YOU COULD BRING IT BACK IN TWO WEEKS IF YOU WANT. MM-HMM. NEXT. B O A IS NOT UNTIL, I AGREE. SEPTEMBER 19TH. SEPTEMBER 5TH. YEAH. IT'D BE SEPTEMBER 5TH. IT LOOKS LIKE IT'S A HOLIDAY. SEPTEMBER 19TH IS THE NEXT ONE. OKAY. SEPTEMBER 19TH, LABOR DAY. A MOTION. HEY, WE MET ON LABOR DAY ONCE YEARS AGO, . OKAY, SO THE NEXT AVAILABLE CASE, UH, HEARING DATE WOULD BE THIS, THE 19TH OF SEPTEMBER. QUESTION. YES. I HAVE TO PAY AGAIN? NO. OKAY. 'CAUSE YEAH, THIS WAS A LOT OF MONEY. AND COULD WE, IF, IF, IF THIS WERE TO BE CONTINUED TO THE 19TH, COULD WE, 19TH COULD, WE COULD, UH, ENSURE THAT SHE'S FIRST ON THE AGENDA SO SHE DOESN'T HAVE TO WAIT TILL THE END? YES, ABSOLUTELY. OKAY. SO, UM, IS THERE ANY COMMENT FROM THE COMMISSION AS FAR AS, UM, ADDITIONAL QUESTIONING, ANYTHING BEFORE WE MOVE FORWARD? I'M GLAD TO GET MORE. OKAY. YEAH, THIS IS REALLY INTERESTING. I'D LIKE TO KNOW HOW THIS WORKS OUT BECAUSE I, I JUST DON'T UNDERSTAND HOW A VACANT LOCK COULD, COULD LOCK IN A PERMIT LIKE THIS FOR SO LONG. IT SEEMS COMPLETELY, IF IT TURNS OUT THAT SHE DOESN'T NEED IT, WE WILL DEFINITELY LET YOU KNOW WHAT WE FIND. 'CAUSE IF SHE DOESN'T NEED THIS, SHE'S NOT GONNA COME BACK. AWESOME. BUT WE'LL LET YOU KNOW IF THAT HAPPENS. SEE? OKAY. THIS, THIS COULD BE GOOD. I HOPE SO. . SO, UM, COMMISSIONER MINKA. OH, THAT'S A GOOD IDEA, CHAIRMAN. UH, TO REDUCE THE RISK [02:55:01] ON THE, ON THE APPLICANT HERE, AND TAKE A KINDA A LEVEL OF CONFUSION FROM US AND PUT IT ON THE CITY AND LET THEM COME UP AND TELL US, HEY, THIS IS CLEAR. EXACTLY. SO WITH THAT, I'M LOOKING FOR A MOTION. SEPTEMBER 19TH, UM, COMMISSIONER BRAGMAN. I MOVE THAT. UM, CASE B O A DASH 22 DASH 0 3 0 0 1 7. BE MOVED TO SEPTEMBER 19TH. SECOND. ALL RIGHT. UH, LET'S HAVE A ROLL CALL. VOTE IT. IT'S 1 1 7. I DON'T KNOW IF THAT MATTERS. SORRY. 1, 1 7. YES. CASE 1 1 7. WHO WAS SECOND? THE SECOND WAS, WAS THAT FROM KAPLAN? YES. YEAH. THANK. ALRIGHT. MM-HMM. . MS. BRAGMAN? YES, I APPROVE MS. KAPLAN. I APPROVE MR. ZUNIGA. I APPROVE MR. ALBERT. I APPROVE MR. MANCHACA. I APPROVE MR. VASQUEZ. I APPROVE MR. CRUZ. I APPROVE MR. MANO. I APPROVE MR. OZUNA. I APPROVE CHAIR ORIAN. I ALSO APPROVE. MOTION IS, UH, CASES CONTINUED TO SEPTEMBER 19TH. PLEASE, PLEASE, UH, UM, GET WITH STAFF IF YOU HAVE ANY QUESTIONS. ALRIGHT, NEXT ITEM. THE [ Approval of Minutes  ] AGENDA IS THE MINUTES. ANYBODY HAVE ANY, UH, CORRECTIONS OR AMENDMENTS? HEARING NONE. I'M LOOKING FOR A MOTION FOR TO APPROVE THE MINUTES. SO MOVED. I HAVE A, A MOTION FROM COMMISSIONER KAPLAN. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER CRUZ. UH, ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES UNANIMOUSLY. THANK YOU. IS THERE ANY, UH, STAFF, UH, RE REPORT? NO, SIR. ALL RIGHT. I HOPE EVERYBODY HAS A GOOD REST OF THE DAY. IT'S 4 0 7. WE ARE ADJOURNED. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.